2012-05-23 MinutesBOARD OF SUPERVISORS
MINUTES
May 23, 2012
Supervisors in Attendance:
Mr. Daniel A. Gecker, Chairman
Ms. Dorothy A. Jaeckle, Vice Chrm
Mr. Arthur S. Warren
Mr. James M. Holland
Mr. Stephen A. Elswick
Mr. James J. L. Stegmaier
County Administrator
Staff in Attendance:
Mr. Mike Bacile, Dir.,
Purchasing
Dr. Sheryl Bailey, Dep.
Management Services
Ms. Janice Blakley,
Clerk to the Board
Ms. Marilyn Brown, Dir.,
Juvenile Detention Home
Ms. Patsy Brown, Dir.,
Accounting
Ms. Debbie Burcham,
Exec. Dir., Community
Services Board
Mr. Allan Carmody, Dir.,
Budget and Management
Mr. Barry Condrey, Chief
Information Officer
Mr. Richard Cordle,
Treasurer
Mr. Roy Covington, Dir.,
Utilities
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Mr. Jonathan Davis, Dir.,
Real Estate Assessments
Mr. William Dupler, Dep.
County Administrator,
Community Development
Colonel Thierry Dupuis,
Police Department
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
Ms. Mary Martin Selby,
Dir., Human Resource
Services
Mr. R. John McCracken,
Dir., Transportation
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Jeffrey L. Mincks,
County Attorney
Chief Edward L. Senter,
Fire Department
Ms. Marsha Sharpe, Dir.,
Social Services
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Ms. Sarah Snead, Dep.
County Administrator,
Human Services
Mr. Kirk Turner, Dir.,
Planning
Mr. Mike Westfall, Dir.,
Internal Audit
Mr. Rick Witt,
Building Official
Mr. Scott Zaremba, Dir.,
Human Resource Programs
Mr. Gecker called the regularly scheduled meeting to order at
3:01 p.m.
1. APPROVAL OF MINUTES FOR APRIL 25, 2012
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
approved the minutes for April 25, 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 announced Georgia-based Shaw Industries
Group Inc. and its subsidiary, Sports Complex Holdings,
bought the Sports-Quest complex for less than $5 million
at a foreclosure auction Tuesday afternoon.
• Mr. Stegmaier shared some pictures of the progress at the
new Kroger store at Stonebridge. He stated they are
making great progress and anticipate opening around
Thanksgiving of this year.
• Mr. Stegmaier was pleased to report that the Purchasing
Department received the Outstanding Agency Accreditation
Achievement Award (OA4) from the National Institute of
Governmental Purchasing (NIGP), keeping the department
among the elite class of only two percent of purchasing
agencies nationwide to achieve this distinguished level
of accreditation.
2.B. VIRGINIA'S GATEWAY REGION BOARD UPDATE
Ms. Renee Chapline, Executive Director of Virginia's Gateway
Region, provided an update on activities of the economic
development organization, which serves the cities of Petersburg,
Hopewell and Colonial Heights, and the counties of Chesterfield,
Dinwiddie, Price George, Surry and Sussex.
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In response to Ms. Jaeckle's question regarding agricultural
extension agents, Ms. Chapline stated there is opportunity
for job growth in the region. She further stated people want
local food and local meats, which creates an opportunity for
all counties to make an impact.
Mr. Holland expressed his appreciation for Ms. Chapline's
informative presentation. In regards to the top five factors
in site selection in order of importance, he stated
Chesterfield County holds true to all factors. He further
stated the county's school system prepares the youths to
succeed.
2.C. FEMA FLOODPLAIN MAP MODERNIZATION UPDATE
Mr. Dick McElfish updated the Board on FEMA's Flood Plan Map
Modernization Project. The presentation included a brief
history of the National Flood Insurance Program,
Chesterfield's history of participation in the program, a
brief explanation of the changes between the existing FE1~IA
maps and the digital maps, the County's responsibilities, and
a timeline for amending the Flood Plain Ordinance.
3. BOARD MEMBER REPORTS
Mr. Holland announced he attended the Meadowbrook Clean-up
Event and the Irongate Neighborhood Watch. Kick-Off on
Saturday, May 19th. He also announced he attended the Capital
Region Workforce Partnership OLEO Meeting on Friday, May 18th
and the National Tourism Week Breakfast on Thursday, May 17th
Ms. Jaeckle expressed her appreciation to Mr. Holland for his
involvement with the Capital Region Workforce Partnership to
help fund two summer intern positions with the Henricus
Foundation. She also announced she attended the Drewry's
Bluff Commemoration Ceremony on Tuesday, May 15th
Mr. Elswick announced he attended the Memorial Day Tribute at
Cosby High School on Monday, May 21St
Mr. Warren announced he attended the VACo Board of Directors
Meeting in Reston on Saturday, May 19th; a meeting with the
Brandermill Community Association Board and county staff on
Tuesday, May 22nd; and a Special Capital Region Airport
Commission Breakfast Meeting with Southwest Executive Vice
President Ron Ricks on Wednesday, May 23rd. He also announced
he will be attending the Chesterfield Business Council's
Annual SummerFest at The Boathouse at Sunday Park on Tuesday,
June 5th
4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
moved Item 8.C.4., Street Name Approval in the Stonebridge
Development to be heard prior to Item 5., Resolutions;
replaced Item 1°5.B., Resolution Recognizing Boy Scouts Upon
Attaining the Rank of Eagle Scout; and received a revised
resolution attachment for Item 8.0.16., Approval of Actions
Related to the Advance Refunding of Various Certificates of
Participation.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
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8.C.4. STREET NAME APPROVAL IN THE STONEBRIDGE DEVELOPMENT
Mr. Gecker read the following statement: I asked that we pull
this item from the consent agenda because I want to let the
families of the four young men for whom new streets will be
named in the Stonebridge development, whether they are here
with us today or perhaps watching on Comcast or on our
website, how very important the action we will take on this
item today is to the Board of Supervisors and to the county.
The item is on the consent agenda because of course, there is
unanimity on this board regarding honoring these men. But let
me say more: In 2003, Marine Staff Sergeant Donald May gave
his life in the successful effort to remove Saddam Hussein' s
forces from Kuwait and push them back into Iraq. In 2004,
Michael Jason Gray, Master-At-Arms 2nd Class, United States
Navy, and also a police officer here in Chesterfield County,
died while stationed in Kuwait. That same year, Army
lieutenant Timothy Price perished while serving in Iraq. And,
in 2005, Marine Corporal Karl Linn also made the ultimate
sacrifice, also while serving in Iraq. With the consent of
the developer, each of these men will have a street named in
their honor in the new Stonebridge development, which will be
in the area where the Cloverleaf Mall once stood. As business
owners, shoppers, residents and visitors come and go over the
years, they will travel these streets, and they will see the
men's names and the seals of their branch of the military on
the street signs. They will know, as we know, that these were
special men to whom the country owes a debt it can never
repay. Former Marine Corps Commandant General P.X. Kelley
once asked, "Where do we find such men?" The answer is we
find them in America's towns, cities and counties. We find
them in our high schools and colleges and on football and
baseball teams. We find them everywhere, because they are our
family members, and they choose to serve our country. To the
May, Price, Linn and Gray families, we want you to know how
deeply honored we are to memorialize each of these men in
this way. On behalf of the board and all our residents,
please accept our humble and sincere gratitude for your
families' sacrifice.
Mr. Gecker and Mr. Holland presented pictures, as well as an
example of a street sign, to the audience of the four young
men for whom new streets will be named in the Stonebridge
development.
Mrs. Brenda May, mother of the late Donald May, Jr.,
expressed her gratitude to the -Board for the honored
recognition.
It is noted that this item will be approved with the
remainder of the Consent Agenda.
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5. RESOLUTIONS
5.A. RECOGNIZING MS. JESSICA SEARS AS CHESTERFIELD COUNTY'S
2012 TREASURED VOLUNTEER
Ms. Martin-Selby introduced Ms. Jessica Sears, who was
present to receive the resolution.
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, Ms. Jessica Sears is recognized as an exemplary
volunteer and a valued contributor to the Chesterfield County
Police Department and its mission; and
WHEREAS, Ms. Sears has taken a personal tragedy and
molded it into a learning experience for officers; not only
in Chesterfield County, but throughout the Commonwealth of
Virginia and nationwide using a video presentation in
partnership with The Association of Law Enforcement Emergency
Response Trainers(ALERT); and
WHEREAS, Ms. Sears has conducted 55 presentations around
the Commonwealth to over 1,100 officers who serve 200
departments throughout Virginia, totaling almost 300 hours of
volunteer service in 2011; and
WHEREAS, Ms. Sears' presentation to police officers
provides a unique perspective in handling emergency driving
situations to help them become the safest and most proficient
officers possible; and
WHEREAS, Ms. Sears' presentation encourages police
officers to place themselves in different roles of
accountability during emergency driving situations which will
facilitate appropriate decision making under stressful
conditions; and
WHEREAS, Ms. Sears displays an overwhelming sincere
concern for the safety and well-being of all police officers,
their families and citizens while they perform their official
duties; and
WHEREAS, Ms. Sears believes that Law Enforcement is a
wonderful and honorable profession and desires each officer
to be successful in his/her career; and
WHEREAS, Ms. Sears exemplifies the highest standard of
excellence all county volunteers should strive to achieve.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 23rd day of May 2012,
publicly recognizes Ms. Jessica Sears, as Chesterfield
County's 2012 Treasured Volunteer.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Ms. Sears and that this resolution
be permanently recorded among the papers of this Board of
Supervisors of Chesterfield County, Virginia.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
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Mr. Gecker presented the executed resolution to Ms. Sears and
commented her for being an exemplary volunteer and a valued
contributor to the Chesterfield County Police Department and
its mission.
Colonel Dupuis expressed his appreciation for Ms. Sears'
service to the Police Department.
Mr. Stegmaier highly praised Ms. Sears for her volunteerism
and commitment to the county.
Ms. Sears expressed her sincere appreciation to the Board for
the special recognition.
5.B. RECOGNIZING THE HEROIC EFFORTS OF MISS AMARIS WILKINS
Chief Senter introduced Miss Amaris Wilkins, who was present
to receive the resolution.
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Miss Amaris Wilkins is a student at James River
High School in Midlothian, Virginia; and
WHEREAS, a fire occurred in the early morning hours on
April 14, 2012, at the Vinings Apartment Complex; and
WHEREAS, the fire was located on the exterior of the
apartment building and was unnoticed by nearly all of the
occupants of the building; and
WHEREAS, Miss Wilkins realized quick action was needed
to alert the occupants of the building to ensure their
safety; and
WHEREAS, Miss Wilkins took it upon herself to begin
alerting those occupants; and
WHEREAS, several of the occupants of the building
reported that the only indication they had of the fire was
due to the actions of Miss Wilkins that morning; and
WHEREAS, there were no civilian injuries as a result of
this fire; and
WHEREAS, the actions of Miss Wilkins contributed to the
quick and safe evacuation of the apartment building; and
WHEREAS, as a result of the quick evacuation, fire crews
were able to quickly attack the fire; and
WHEREAS, Miss Wilkins' quick action and bravery during
an emergency and selfless concern for her fellow citizens was
instrumental in the evacuation of the building; and
WHEREAS, Chesterfield County is extremely proud and
honored to have a young woman of such outstanding character
and courage as a resident and as a student of its public
school system.
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NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 23rd day of May 2012,
publicly recognizes Miss Amaris Wilkins for her extraordinary
courage and quick action in alerting and evacuating the
residents of the Vinings Apartment Complex.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Miss Wilkins and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
Mr. Gecker presented the executed resolution to Miss Wilkins
and highly praised her for her extraordinary courage and
quick action in alerting and evacuating the residents of the
Vinings Apartment Complex.
Mr. Jeff Ellick, Principal of James River High School, stated
Miss Wilkins demonstrates the essence and epitome of core
values.
Mr. Stegmaier expressed his appreciation to Miss Wilkins for
her quick action and bravery during an emergency.
Miss Wilkins expressed her gratitude to the Board for the
special recognition.
S.C. RECOGNIZING MR. GEORGE L. FICKETT, JR. FOR HIS
OUTSTANDING VOLUNTEER SERVICE
Mr. Golden introduced Mr. George L. Fickett, who was present
to receive the resolution.
On motion of Mr. Elswick, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Mr. George L. Fickett, Jr. has been leading
efforts to save Civil War sites in Chesterfield County for
more than 27 years and has been recognized as the best local
historian on the Bermuda Hundred Campaign; and
WHEREAS, Mr. Fickett has served the citizens of
Chesterfield County as a volunteer of the Military History
Committee with the Chesterfield Historical Society of
Virginia and the Sesquicentennial of the American Civil War
Committee and has been nominated by the Parks and Recreation
Advisory Commission for the Volunteer Hall of Fame Lifetime
Volunteer Award; and
WHEREAS, Mr. Fickett has been able to preserve eight
Civil War sites in Chesterfield County, raised funds to
develop park facilities, and is in the process of saving the
2nd Battle of Port Walthall Junction site and Battery Brooke;
and
WHEREAS, Mr. Fickett raised funds to develop a self-
guided driving tour in 1993 and helped with the creation of
the Civil War Trail network; and
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WHEREAS, Mr. Fickett received the "Take Pride in
America" award from the National Park Service in 1987 and a
"Volunteer of the Year" award from the Virginia State Parks
in 2004; and
WHEREAS, Mr. Fickett has been the topic of featured
articles in such publications as Civil War Times Illustrated,
Blue and Gray Magazine and Civil War News, and he is
responsible for Blue and Gray Magazine returning in 2014 to
write a follow-up issue, "Bermuda Hundred Campaign, Twenty-
five Years Later"; and
WHEREAS, the Chesterfield County Parks and Recreation
Advisory Commission recommends that exemplary volunteerism in
Parks and Recreation be recognized through display of
volunteer names and accomplishments on five Volunteer Hall of
Fame Monuments located throughout the parks system; and
WHEREAS, the Parks and Recreation Advisory Commission at
their May 3, 2012 meeting voted to nominate Mr. Fickett for
the Lifetime Volunteer Award that exemplifies an individual's
exceptional degree of accomplishment in mentoring,
philanthropy and the ability to empower and instill passion
in the community.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 23rd day of May 2012, on
behalf of the citizens of Chesterfield County, publicly
recognizes Mr. George L. Fickett Jr. for his dedicated and
unselfish commitment to preserving Civil War sites in
Chesterfield County by displaying his name on the
Chesterfield County Parks and Recreation Volunteer Hall of
Fame Monument at R. Garland Dodd Park at Point of Rocks.
AND, BE IT FURTHER RESOLVED
Board of Supervisors expresses
for his untiring efforts; thanks
of his public service; and ur
residents to keep Mr. Fickett's
mind.
that the Chesterfield County
appreciation to Mr. Fickett
his family for their support
des all Chesterfield County
many contributions fondly in
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
Ms. Jaeckle commended Mr. Fickett for his dedicated and
unselfish commitment to preserving Civil War sites in
Chesterfield County.
Mr. Fickett expressed his appreciation to the Board for the
special recognition.
6. WORK SESSIONS
There were no Work Sessions at this time.
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7. DEFERRED ITEMS
7.A. PROPOSED ADJUSTMENTS TO PLANNING DEPARTMENT FEES
Mr. Larson stated the Board of Supervisors held a public
hearing relative to proposed adjustments to Planning
Department fees on April 25th. He stated staff has recommended
one additional change to the proposed fee adjustments.
Mr. Gecker stated there are a number of issues he is unclear
about. He recommended the Board defer the issue to gather
more information.
Mr. Holland applauded Mr.
staff for an outstanding
stated he wanted two goals
and lower the fees for
businesses. He further sty
his opinion.
Turner, Mr. Larson and Planning
job. Throughout the process, he
accomplished; simplify the process
the average citizen and small
~ted those goals have been met in
Ms. Jaeckle made a motion, seconded by Mr. Elswick, for the
Board to defer the consideration of proposed adjustments to
Planning Department fees until June 27, 2012.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8. NEW BUSINESS
8.A. APPOINTMENTS
On motion of Jaeckle, seconded by
suspended its rules at this time to a
nomination/appointment/reappointment to
Future, John Tyler Community College
Advisory Board, Camp Baker Management
Policy and Management Team.
Holland, the Board
llow for simultaneous
the Committee on the
Local Board, Airport
Board, and Community
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.A.1. COMMITTEE ON THE FUTURE
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
simultaneously nominated/appointed Ms. Sandra Pettengill as a
member of the Committee on the Future representing the Clover
Hill District, whose term is at the pleasure of the Board.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.A.2. JOHN TYLER COMMUNITY COLLEGE LOCAL BOARD
On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board
simultaneously nominated/appointed Mr. John Titus as a member
of the John Tyler Community College Local Board, whose term
is effective July 1, 2012 and will expire on June 30, 2016.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
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8.A.3. AIRPORT ADVISORY BOARD
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
simultaneously nominated/appointed Mr. Andrew McEnhimer as a
member of the Airport Advisory Board, whose term is effective
immediately and will expire on May 22, 2015.
Ayes: Decker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.A.4. CAMP BAKER MANAGEMENT BOARD
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
simultaneously nominated/reappointed Mr. William "Ed" Nicely
as a member of the Camp Baker Management Board, whose term is
effective immediately and will expire on April 30, 2015.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.A.5. COMMUNITY POLICY AND MANAGEMENT TEAM
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
simultaneously nominated/appointed Mrs. Molly Cheek as the
private provider representative on the CSA Community Policy
and Management Team, whose term is effective immediately and
will expire on June 30, 2014.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.B. STREETLIGHT COST APPROVALS
In response to Mr. Decker's question, Mr. McElfish stated the
operating cost of the proposed streetlights would be $20.00
per month.
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
approved the following streetlight installation:
Dale District
• In the vicinity of the entrance to the Jessup Station
subdivision, two streetlights to illuminate the east and
west approaches to Jessup Station Drive on Coghill Road.
Cost to install streetlights: $1,021.13
Ayes: Decker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
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8.C. CONSENT ITEMS
8.C.1. ADOPTION OF RESOLUTIONS
8.C.l.a. RECOGNIZING MR. AND MRS. RICHARD ROOSEVELT JIGGETTS
ON THEIR SEVENTIETH ANNIVERSARY
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Mr. Richard Roosevelt Jiggetts and Mrs. Mary
Louise (Friend) Jiggetts celebrated their 70th wedding
anniversary on May 2, 2012; and
WHEREAS, the couple first met when they were students at
Hickory Hill High School, then located in Chesterfield
County, which has been their lifelong home; and
WHEREAS, they graduated in 1941, and were married on May
2, 1942; and
WHEREAS, Mr. Jiggetts, an architectural draftsman by
training, served his country during World War II with tours
of duty in the Pacific theater; and
WHEREAS, Mrs. Jiggetts earned a Collegiate Professional
(Bachelor of Science) degree from Virginia State College
after completing her degree at the Virginia State Normal
School; and
WHEREAS, Mr. Jiggetts designed many homes, churches and
additions in Chesterfield County and the Tri-Cities area,
including in the Brandermill, Woodlake, Lake Chesdin and
Wellington Farms communities, among others; and
WHEREAS, Mr. Jiggetts worked at Albemarle Paper Company,
David M. Lee Legal- Services and Reynolds Metals Company, and
the couple also both were entrepreneurs, with several
businesses over the years; and
WHEREAS, Mr. Jiggetts also served as principal at
Wildwood Elementary School in Fluvanna County, where Mrs.
Jiggetts had her first teaching position; and
WHEREAS, both Mr. and Mrs. Jiggetts are longtime, active
members of First Baptist Church (Centralia); and
WHEREAS, Mr. Jiggetts was ordained a Deacon at First
Baptist Church (Centralia) in 1973; and
WHEREAS, Mrs. Jiggetts became a Deaconess in the church
at that same time; and
WHEREAS, Deaconess Jiggetts has been a member of First
Baptist church (Centralia) for approximately 80 years, and
served as Church Clerk for 18 years and as Co-Director of the
Vacation Bible School for 17 years, along with serving as a
Sunday School teacher for many years; and
WHEREAS, both Deacon Jiggetts and Deaconess Jiggetts
have held numerous leadership positions in the Virginia State
Baptist Deacons Convention, including Mrs. Jiggetts' term as
president of the Women's Auxiliary of the Virginia State
Deacons Baptist Convention for a period of four years, in
addition to being selected as Virginia State Deaconess of the
Year in 2005; and
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WHEREAS, together, in these and numerous other selfless
ways, Mr. and Mrs. Jiggetts have shared their many talents
and been exemplary citizens who have worked diligently to
improve the lives of others.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors hereby recognizes the many
outstanding contributions of Mr. and Mrs. Richard Roosevelt
Jiggetts to their country, to their church community and to
Chesterfield County, Virginia, expresses, on behalf of the
residents of Chesterfield County, its appreciation for their
leadership, caring, wisdom and dedication, and extends all
best wishes for many more years together.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.C.l.b. RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT
8.C.1.b.1. FIREFIGHTER KENNETH G. WRIGHT, FIRE AND
EMERGENCY MEDICAL SERVICES DEPARTMENT
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Firefighter Kenneth G. Wright retired from the
Chesterfield Fire and Emergency Medical Services Department,
Chesterfield County, on November 1, 2011; and
WHEREAS, Firefighter Wright attended Recruit School #13
in 1982 and has faithfully served the county as a lieutenant
and firefighter for twenty-nine years in various assignments,
including the Bon Air, Manchester, Wagstaff, Ettrick,
Airport, Chester, Centralia, and Matoaca Fire and EMS
Stations; and
WHEREAS, Firefighter Wright was awarded a Unit Citation
for the exemplary efforts involved in the rescue of a child
from a burning home in December 1994; and
WHEREAS, Firefighter Wright was awarded a Unit Citation
for his assistance and team work involving the life saving
efforts of a citizen suffering from cardiac arrest in July
2002; and
WHEREAS, Firefighter Wright was a member of the
department's Employee Human Relations Committee, the Quality
Council, the Child Safety Seat Program and the Apparatus
Replacement Committee for Truck 2, which resulted in
implementing changes to the types of aerial apparatus used
that are still being utilized today; and
WHEREAS, Firefighter Wright submitted many suggestions
to improve the work place for fellow firefighters,
specifically a Pilot Program to debrief firefighters who have
been through traumatic events; and
WHEREAS, Firefighter Wright obtained certifications as a
MSA Mask Repair Technician and Survivair Mask Repair
Technician and was an integral team member of the Self-
Contained Breathing Apparatus Shop, saving the county
thousands of dollars in repair costs by performing
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maintenance/repairs to the organization's self-contained
breathing apparatus inventory.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Firefighter Kenneth G. Wright, expresses the appreciation of
all residents for his service to the county, and extends
their appreciation for his dedicated service and
congratulations upon his retirement.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
B.C.l.b.2. MS. JOAN FERRANTE, MENTAL HEALTH SUPPORT SERVICES
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Ms. Joan Ferrante has provided 24 years of
dedicated and faithful service to Chesterfield County; and
WHEREAS, Ms. Ferrante began her career with the
Chesterfield County Department of Mental Health Support
Services on June 27, 1988, as a Switchboard Operator at the
front desk reception area, where she answered the phones for
the entire department including Intake and Crisis, as well as
handling appointment scheduling; and
WHEREAS, Ms. Ferrante was assigned to Medical Services
in 1990 as the Medical Receptionist where she coordinated and
maintained appointments for ten to twelve psychiatrists,
working with consumers, case managers and therapists from all
programs in the agency; and
WHEREAS, Ms. Ferrante began providing administrative
support to the Medical Director in 1995 as Senior Office
Assistant and was responsible for keeping track of
special/designated appointment slots for appointments such as
Crisis, urgent medical psychiatric evaluations, Drug
Court/Dual Track, hospital and jail discharges, adult and
child psychiatric and medical evaluations, and medication
groups; and
WHEREAS, Ms. Ferrante took on the responsibility of
adding consumers to medication groups as needed and verified
the presence of referrals and activated the service plans for
all new referrals; and
WHEREAS, Ms. Ferrante's dedication and attention to
detail ensured no one fell through the cracks and was seen at
least every three months, doing her best at keeping the
physicians fully booked with no unused psychiatric evaluation
slots; and
WHEREAS, Ms. Ferrante put in a lot of extra hours to get
guidelines in place for the new electronic medical records
system, Profiler, and trained in and mastered the system; and
WHEREAS, Ms. Ferrante worked with new physicians and
residents to get them through new staff orientation in a
timely fashion and added them to the Profiler system; and
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WHEREAS, Ms. Ferrante provided administrative support to
the Clozaril Committee, which reviewed all referrals for the
Clozaril trial and printed weekly schedules of the doctors so
that all teams would be prepared for team staffings; and
WHEREAS, Ms. Ferrante always displayed a positive,
caring attitude, and a willingness to accept new projects and
responsibilities; and
WHEREAS, Ms. Ferrante will be sorely missed for her
ever-present smile and commitment to providing quality
customer service to her co-workers and Chesterfield's
citizens.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Ms. Joan Ferrante, and extends appreciation for her 24 years
of dedicated service to the county, congratulations upon her
retirement, and best wishes for a long and happy retirement.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.C.i.c. RECOGNIZING MR. EDWARD J. MYERS FOR HIS SERVICE AS
DISTRICT CHIEF OF THE BON AIR VOLUNTEER FIRE
DEPARTMENT
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Mr. Edward J. Myers served as District Chief of
the Bon Air Volunteer Fire Department for more than 17 years;
and
WHEREAS, Mr. Myers has served as District Chief for two
different terms from 1994 to 1997, and from 1999 to 2011; and
WHEREAS, Mr. Myers joined the Bon Air Volunteer Fire
Department in 1987 and has served the citizens of
Chesterfield County for 25 years, dedicating countless hours
to the protection of these citizens; and
WHEREAS, Mr. Myers has held various positions within the
Bon Air Volunteer Fire Department including Firefighter,
Motor Pump Operator, and Lieutenant; and
WHEREAS, Mr. Myers has now assumed the position of
President of the Bon Air Volunteer Fire Department; and
WHEREAS, Mr. Myers led the design and procurement of
several fire units including Unit 49, Brush 4, Car 40,
Utility 4, and the refurbishment of Engine 204; and
WHEREAS, Mr. Myers displayed tremendous leadership
following the tragic and untimely death of Firefighter
Bradley McNeer, keeping the Bon Air Volunteer Fire Department
active, and continues to promote participation in memorial
services for members who die in the line of duty; and
WHEREAS, Mr. Myers assisted in making revisions to the
Chesterfield Fire and EMS Volunteer Officers Training
Program; and
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WHEREAS, Mr. Myers has served as a long-time Motor Pump
Operator and Emergency Vehicle Operations Course Instructor;
and
WHEREAS, Mr. Myers has been a leading force in
integrating career and volunteer personnel assigned to Fire
Station #4, creating a cooperative attitude that has served
as a model for other companies to emulate; and
WHEREAS, Mr. Myers has displayed leadership and
cooperation with the department's executive staff in
clarifying and updating the department's response practices
by converting volunteer personnel serving at Fire Station #4
to duty crews.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Mr. Edward J. Myers, expresses the appreciation of all
residents for his service to the county, and extends their
appreciation for his dedicated service as District Chief.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.C.l.d. RECOGNIZING MR. MATTHEW THOMAS JOHNSON UPON
ATTAINING THE RANK OF EAGLE SCOUT
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to his community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law, Mr. Matthew Thomas
Johnson, Troop 876, sponsored by Mount Pisgah United
Methodist Church, has accomplished those high standards of
commitment and has reached the long-sought goal of Eagle
Scout, which is received by only four percent of those
individuals entering the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Matthew has distinguished himself as a member of a
new generation of prepared young citizens of whom we can all
be very proud.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mr. Matthew Thomas
Johnson, extends congratulations on his attainment of Eagle
Scout, and acknowledges the good fortune of the county to
have such an outstanding young man as one of its citizens.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
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8.C.2. REQUESTS FOR PERMITS TO STAGE FIREWORKS DISPLAYS
8.C.2.a. AT 70 BELLONA ARSENAL
8.C.2.a.1. FOR A WEDDING CELEBRATION
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved a permit for George Hoover to stage a fireworks
display at 70 Bellona Arsenal, Midlothian, Virginia on May
26, 2012, for a wedding celebration.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.C.2.b.2. FOR AN INDEPENDENCE DAY CELEBRATION
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved a permit for George Hoover to stage a fireworks
display at 70 Bellona Arsenal, Midlothian, Virginia on
Wednesday, July 4, 2012, with a rain date of Saturday, July
7, 2012, for an Independence Day celebration.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.C.2.c.3. FOR HOOVER AND STRONG'S CENTENNIAL CELEBRATION
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved a permit for George Hoover to stage a fireworks
display at 70 Bellona Arsenal, Midlothian, Virginia on
September 8, 2012, with a rain date of Sunday, September 9,
2012, for Hoover and Strong's Centennial celebration.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.C.2.b. AT THE CHESTERFI-ELD COUNTY FAIRGROUNDS
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved a permit to stage a fireworks display at the
Chesterfield County Fairgrounds on July 4, 2012, with a rain
date of July 5, 2012.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.C.2.c. AT THE SUNDAY PARK PENINSULA OF BRANDERMILL
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved a permit to stage a fireworks display at the Sunday
Park Peninsula at Brandermill on Wednesday, July 4, 2012,
with a rain date of July 7, 2012.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
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8.C.3. AUTHORIZE THE RECEIPT AND APPROPRIATION OF DEPARTMENT
OF HOMELAND SECURITY GRANT FUNDS FROM THE
METROPOLITAN MEDICAL RESPONSE SYSTEM GRANT PROGRAM
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
authorized acceptance and appropriation of $65,000 in grant
funds from the Department of Homeland Security, Metropolitan
Medical Response System Grant Program, to purchase HVAC
systems, electrical system upgrades and a utility trailer for
the Fire and EMS Department's Western Shelter System.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.C.4. STREET NAME APPROVAL IN THE STONEBRIDGE DEVELOPMENT
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved naming the following four roads in the Stonebridge
development after fallen service members:
Donald May Jr Drive,
Tim .Price Way,
Karl Linn Drive,
Michael Gray Way.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.C.5. TRANSFER OF DISTRICT IMPROVEMENT FUNDS
8.C.5.a. FROM THE MIDLOTHIAN DISTRICT IMPROVEMENT FUND TO
THE POLICE DEPARTMENT FOR POLICE/TRAFFIC COVERAGE
AT THE BON AIR HISTORICAL SOCIETY'S VICTORIAN DAY
PARADE
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
transferred $800 from the Midlothian District Improvement
Fund to the Police Department for police/traffic coverage at
the Bon Air Historical Society's Victorian Day Parade.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.C.5.b. FROM THE BERMUDA DISTRICT IMPROVEMENT FUND TO THE
PARKS AND RECREATION DEPARTMENT TO PURCHASE AND
INSTALL NEW CONCRETE STEPS AND CHAIN LINK FENCING
AT THE CARVER MIDDLE SCHOOL FOOTBALL FIELD
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
transferred $12,540 from the Bermuda District Improvement
Fund to the Parks and Recreation Department to purchase and
install new concrete steps and chain link fencing at the
Carver Middle School football field.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
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8.C.6. STATE ROAD ACCEPTANCES
On motion of Ms. Jaeckle, seconded by Mr. Holland, 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: Magnolia Green Section B
Type Change to the Secondary System of State Highways:
Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: X33.1-229
Street Name and/or Route Number
• Championship Crossing, State Route Number 7540
From: 0.04 miles South of Woolridge Road, (Route 668)
To: Intersection of Begonia Drive, (Route 7614), a distance
of: 0.13 miles.
Recordation Reference: PB 186, PG 12
Right of Way width (feet) = 80
• Championship Crossing, State Route Number 7540
From: Intersection of Begonia Drive, (Route 7614)
To: Temporary Cul-de-sac, a distance of: 0.01 miles.
Recordation Reference: PB 186, PG 12
Right of Way width (feet) = 80
• Lavender Lane, State Route Number 7617
From: Black Alder Drive, (Route 7616)
To: 0.06 miles West to Lavender Court, (Route 7618), a
distance of: 0.06 miles.
Recordation Reference: PB 186, PG 12
Right of Way width (feet) = 40
• Hosta Lane, State Route Number 7615
From: Black Alder Drive, (Route 7616)
To: West 0.10 miles to Cul-de-sac, a distance of: 0.10
miles.
Recordation Reference: PB 186, PG 12
Right of Way width (feet) = 45
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• Black Alder Drive, State Route Number 7616
From: Cul-de-sac North 0.07 miles
To: Lavender Lane, (Route 7617), a distance of: 0.07 miles.
Recordation Reference: PB 186, PG 12
Right of Way width (feet) = 45
• Lavender Court, State Route Number 7618
From: Lavender Lane, (Route 7617)
To: 0.03 miles South to Cul-de-sac, a distance of: 0.03
miles
Recordation Reference: PB 186, PG 12
Right of Way width (feet) = 40
• Black Alder Drive, State Route Number 7616
From: Hosta Lane, (Route 7615)
To: 0.07 miles north to Silk Oak Drive,. (Route 7542), a
distance of: 0.07 miles.
Recordation Reference: PB 186, PG 12
Right of Way width (feet) = 45
• Black Alder Drive, State Route Number 7616
From: Silk Oak Drive, (Route 7542)
To: 0.04 miles north to Cul-de-sac, a distance of: 0.04
miles.
Recordation Reference: PB 186, PG 12
Right of Way width (feet) = 45
• Lavender Lane, State Route Number 7617
From: Lavender Court, (Route 7618)
To: 0.03 miles west to Cul-de-sac, a distance of: 0.03
miles.
Recordation Reference: PB 186, PG 12
Right of Way width ( feet ) = 4 0
• Begonia Drive, State Route Number 7614
From: Championship Crossing, Route 7540
To: East 0.02 miles. to Temporary End of Maintenance, a
distance of: 0.02 miles.
Recordation Reference: PB 186, PG 12
Right of Way width (feet) = 70
• Silk Oak Drive, State
From: 0.02 miles south of
To: Black Alder Drive, (R~
miles.
Recordation Reference: PB
Right of Way width (feet)
Route Number 7542
Woolridge Road, (Route 668)
jute 7616), a distance of: 0.15
186, PG 12
= 45
• Black Alder Drive, State Route Number 7616
From: Lavender Lane, (Route 7617)
To: 0.06 miles north to Hosta Lane, (Route 7615), a distance
of: 0.06 miles.
Recordation Reference: PB 186, PG 12
Right of Way width (feet) = 45
• Hosta Lane, State Route Number 7615
From: Championship Crossing, (Route 7540)
To: West 0.05 miles to Black Alder Drive, (Route 7616), a
distance of: 0.05 miles.
Recordation Reference: PB 186, PG 12
Right of Way width (feet) = 50
And, further, 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
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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.
Project/Subdivision: Baileys Grove Section B
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
• Bailey's Lane, State Route Number 7253
From: 0.03 miles South Baileys Path Road, (Route 7252)
To: 0.31 miles south to Fox Maple Court, (Route 4577), a
distance of: 0.31 miles.
Recordation Reference: PB 187, PG 79
Right of Way width (feet) = 40
And, further, 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
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Project/Subdivision: Meridian at Watermark
Type Change to the Secondary System of State Highways:
Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: X33.1-229
Street Name and/or Route Number
• Crosswinds Boulevard, State
From: Kingsland Glen Drive, (Rou
To: 0.12 miles north, Temporary
0.12 miles.
Recordation Reference: DB 9003,
Right of Way width (feet) = 55
Route Number 7594
to 5445)
Cul-de-sac, a distance of:
PG 898
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.C.7. APPROVAL OF CONTRACTS FOR THE PURCHASE OF PROPERTY
8.C.7.a. ON KRAUSE ROAD FOR COMMUNITY CORRECTIONS SERVICES
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved a contract for the purchase of a parcel of land
containing 1.511 acres, more or less, with improvements, from
Krause Road Properties, L.L.C. and authorized the County
Administrator to execute the contract and deed. (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.7.b. IN THE BERMUDA DISTRICT ALONG FALLING CREEK AT THE
HISTORIC FALLING CREEK IRONWORKS SITE
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved the contract for the purchase of approximately 6
acres of land along Falling Creek plus an access easement
from Watercross Development, Inc. and authorized the County
Administrator to execute the associated real estate
documents. (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.8. APPROVAL OF LEASE FOR THE EMPLOYEE HEALTH CLINIC
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
authorized the County Administrator to execute a lease for
the Employee Health Clinic.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
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8.C.9. REQUESTS FOR PERMISSION
8.C.9.a. FROM FRIENDSHIP BAPTIST CHURCH FOR AN EXISTING SIGN
TO ENCROACH WITHIN A SIXTEEN-FOOT WATER EASEMENT
ACROSS ITS PROPERTY
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
granted Friendship Baptist Church permission for an existing
sign to encroach within a 16' water easement across its
property, 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.9.b. FROM JOE AND TERESA L. BYRD FOR A DECK ADJOINING AN
EXISTING ABOVE GROUND POOL TO ENCROACH WITHIN TWO
EASEMENTS ACROSS LOT 1, SECOND BRANCH, SECTION 2,
RESUBDIVISION OF LOTS 10 AND 11
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved an amended license agreement with Joe and Teresa L.
Byrd for a deck adjoining an existing above ground pool to
encroach within an 8' easement and a 10' temporary
construction easement across Lot 1, Second Branch, Section 2,
Resubdivision of Lots 10 and 11. (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.10. ACCEPTANCE OF PARCELS OF LAND ALONG SPRING RUN ROAD
FROM MICHAEL PROPERTIES, LLC
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
accepted the conveyance of two parcels of land containing a
total of 0.498 acres along Spring Run Road from Michael
Properties, LLC, and authorized the County Administrator to
execute the deed. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.C.11. APPROVAL OF WATER CONTRACT FOR HULL STREET ROAD
WATERLINE EXTENSION PHASE 2 TO MAGNOLIA GREEN
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved the water contract for Hull Street Road Waterline
Extension Phase 2 to Magnolia Green, and authorized the
County Adminstrator to execute any necessary documents. (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.12. ESTABLISH TWO NEW CASE MANAGER POSITIONS FOR THE
CHESTERFIELD COMMUNITY SERVICES BOARD
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved the creation of two new Case Manager positions for
the Chesterfield County Community Services Board for FY2013.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.C.13. APPROPRIATION OF ONE-TIME STATE GRANT FUNDS AWARDED
TO THE CHESTERFIELD COMMUNITY SERVICES BOARD FOR THE
PART C EARLY INTERVENTION FOR INFANTS AND TODDLERS
WITH DISABILITIES PROGRAM
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
appropriated $100,000 in one-time state grant fund revenue
and expenditures for the Part C Early Intervention for
Infants and Toddlers with Disabilities Program.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.C.14. TRANSFER OF FUNDS FROM THE BLIGHT ERADICATION
CAPITAL PROJECT TO FUND THE DEMOLITION OF TWO
BLIGHTED HOMES ON PROPERTY DONATED TO THE VIRGINIA
STATE UNIVERSITY FOUNDATION
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
transferred $16,000 from the Blight Eradication Capital
Project to the general fund to cover the donation to Virginia
State University that will fund the demolition of two
blighted homes on property donated to the VSU Foundation.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.C.15. ESTABLISHMENT OF THE HIGHLANDS - AMSTEL BLUFF
WATERLINE PROJECT
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
authorized the County Administrator to execute the necessary.
documents to establish the Highlands - Amstel Bluff Waterline
Project and transferred $80,000 for engineering and easement
acquisition from the Southwest Corridor Phase II Project to
the Highlands - Amstel Bluff Waterline Project.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
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8.C.16. APPROVAL OF ACTIONS RELATED TO THE ADVANCE REFUNDING
OF VARIOUS CERTIFICATES OF PARTICIPATION
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
authorized the execution of an acknowledgement agreement
between the county, Suntrust Equipment Finance and Leasing
Corporation and US Bank National Association, and approved
appropriation of up to an additional $10,000,000 in payment
to the escrow agent for the advance refunding and closing
costs.
And, further, the Board adopted the following resolution
authorizing an increase of up to $10,000, for a new total of
$30,000,000, in the principal amount of the advance refunding
of Series 2001, 2003A, 2003B, 2004A, 2004B, 2005B and 2006B
Certificates of Participation financing:
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF
CHESTERFIELD, VIRGINIA, APPROVING THE FORM AND THE TERMS,
CONDITIONS AND PROVISIONS AND AUTHORIZING THE EXECUTION AND
DELIVERY OF AN ACKNOWLEDGMENT AGREEMENT, BY AND AMONG THE
COUNTY, SUNTRUST EQUIPMENT FINANCE & LEASING CORP., FORMERLY
SUNTRUST LEASING CORPORATION, AND U.S. BANK NATIONAL
ASSOCIATION; APPROVING THE FORMS AND THE TERMS, CONDITIONS
AND PROVISIONS AND AUTHORIZING THE EXECUTION AND DELIVERY OF
A LEASE/PURCHASE AGREEMENT, BY AND BETWEEN U.S. BANK NATIONAL
ASSOCIATION, AS LESSOR, AND THE COUNTY, AS LESSEE, AND A
TRUST AGREEMENT, BY AND AMONG THE COUNTY, U.S. BANK NATIONAL
ASSOCIATION, AS TRUSTEE, AND U.S. BANK NATIONAL ASSOCIATION,
AS LESSOR, IN CONNECTION WITH THE AUTHORIZATION, ISSUANCE,
SALE AND DELIVERY OF ONE OR MORE SERIES OF REFUNDING
CERTIFICATES OF PARTICIPATION IN THE PRINCIPAL AMOUNT OF NOT
TO EXCEED $30,000,000 TO BE ISSUED FOR THE PURPOSE OF
REFUNDING IN ADVANCE OF THEIR STATED MATURITIES ALL OR A
PORTION OF THE CERTIFICATES OF PARTICIPATION, SERIES 2001,
DATED JANUARY 1, 2001, ALL OR A PORTION OF THE CERTIFICATES
OF PARTICIPATION, SERIES 2003A, DATED MARCH 1, 2003, ALL OR A
PORTION OF THE CERTIFICATES OF PARTICIPATION, SERIES 2003B,
DATED MARCH 1, 2003, ALL OR A PORTION OF THE CERTIFICATES OF
PARTICIPATION, SERIES 2004A, DATED APRIL 15, 2004, ALL OR A
PORTION OF THE CERTIFICATES OF PARTICIPATION, SERIES 2004B,
DATED APRIL 15, 2004, ALL OR A PORTION OF THE CERTIFICATES OF
PARTICIPATION, SERIES 2005B, DATED MAY 11, 2005, AND ALL OR A
PORTION OF THE CERTIFICATES OF PARTICIPATION, SERIES 2006B,
DATED MAY 10, 2006, ISSUED TO FINANCE THE COSTS OF VARIOUS
CAPITAL IMPROVEMENT PROJECTS ON BEHALF OF THE COUNTY;
AUTHORIZING AND DIRECTING THE PREPARATION AND DISTRIBUTION OF
A PRELIMINARY OFFERING STATEMENT AND THE PREPARATION,
EXECUTION AND DELIVERY OF AN OFFERING STATEMENT AND DEEMING
THE PRELIMINARY OFFERING STATEMENT FINAL FOR PURPOSES OF
SECURITIES AND EXCHANGE COMMISSION RULE 15c2-12; DELEGATING
TO THE COUNTY ADMINISTRATOR THE AUTHORITY, AMONG OTHER
THINGS, TO APPROVE THE SALE OF THE REFUNDING CERTIFICATES OF
PARTICIPATION AND THE DEFINITIVE DETAILS OF THE REFUNDING
CERTIFICATES OF PARTICIPATION; AUTHORIZING THE MEMBERS OF
SUCH BOARD AND THE OFFICIALS AND EMPLOYEES OF SUCH COUNTY TO
TAKE FURTHER ACTION TO CARRY OUT, GIVE EFFECT TO AND
CONSUMMATE THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION;
AND MAKING CERTAIN FINDINGS AND DETERMINATIONS
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE
COUNTY OF CHESTERFIELD, VIRGINIA, AS FOLLOWS:
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SECTION 1. Findings and Determinations. The
Board of Supervisors (the "Board") of the County of
Chesterfield, Virginia (the "County"), hereby finds and
determines as follows:
(a) On January 24, 2001, there were issued on
behalf of the County an issue of Certificates of
Participation, Series 2001, dated January 1, 2001 (the "2001
Certificates of Participation"), evidencing undivided
interests in payments to be made by the County under a
Lease/Purchase Agreement, dated as of January 1, 2001 (the.
"2001 Lease/Purchase Agreement"), by and between SunTrust
Leasing Corporation, now SunTrust Equipment Finance & Leasing
Corp., as Lessor (the "Original Leasing Corporation"), and
the County, as Lessee, such 2001 Certificates of
Participation being outstanding on the date hereof in the
principal amount of $5,605,000 and becoming due and payable
on November 1 in each of the years 2012 through 2019 and on
November 1, 2021.
(b) On March 26, 2003, there were issued on behalf
of the County an issue of Certificates of Participation,
Series 2003A, dated March 1, 2003 (the "2003A Certificates of
Participation"), evidencing undivided interests in payments
to be made by the County under the 2001 Lease/Purchase
Agreement, as supplemented by a First Supplemental
Lease/Purchase Agreement, dated as of March 1, 2003, by and
between the Original Leasing Corporation, as Lessor, and the
County, as Lessee, such 2003A Certificates of Participation
being outstanding on the date hereof in the principal amount
of $1,710,000 and becoming due and payable on November 1 in
each of the years 2012 through 2021.
(c) On March 26, 2003, there issued on behalf of
the County an issue of Certificates of Participation, Series
2003B, dated March 1, 2003 (the "2003B Certificates of
Participation"), evidencing undivided interests in payments
to be made by the County under a Lease/Purchase Agreement,
dated as of March 1, 2003 (the "2003 Lease/Purchase
Agreement"), by and between the Original Leasing Corporation,
as Lessor, and the County, as Lessee, such 2003B Certificates
of Participation being outstanding on the date hereof in the
principal amount of $1,830,000 and becoming due and payable
on November 1 in each of the years 2012 through 2021 and on
November 1, 2023.
(d) On April 15, 2004, there were issued on behalf
of the County an issue of Certificates of Participation,
Series 2004A, dated April 15, 2004 (the "2004A Certificates
of Participation"), evidencing undivided interests in the
2003 Lease/Purchase Agreement, as supplemented by a First
Supplemental Lease/Purchase Agreement, dated as of March 1,
2003, by and between the Original Leasing Corporation, as
Lessor, and the County, as Lessee, such 2004A Certificates of
Participation being outstanding on the date hereof in the
principal amount of $9,450,000 and becoming due and payable
on November 1 in each of the years 2012 through 2023.
(e) On April 15, 2004, there were issued on behalf
of the County an issue of Certificates of Participation,
Series 2004B, dated April 15, 2004 (the "2004B Certificates
of Participation"), evidencing undivided interests in
payments to be made by the County under a Lease/Purchase
Agreement, dated as of March 1, 2004 (the "2004
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Lease/Purchase Agreement"), by and between the Original
Leasing Corporation, as Lessor, and the County, as Lessee,
such 2004B Certificates of Participation being outstanding on
the date hereof in the principal amount of $4,540,000 and
becoming due and payable on November 1 in each of the years
2012 through 2024.
(f) On May 11, 2005, there were issued on behalf
of the County an issue of Certificates of Participation,
Series 2005B, dated May 11, 2005 (the "2005B Certificates of
Participation"), evidencing undivided interests in payments
to be made by the County under the 2004 Lease/Purchase
Agreement, as supplemented by a First Supplemental
Lease/Purchase Agreement, dated as of April 15, 2005, by and
between the Original Leasing Corporation, as Lessor, and the
County, as Lessee, such 2005B Certificates of Participation
being outstanding on the date hereof in the principal amount
of $6,110,000 and becoming due and payable on November 1 in
each of the years 2012 through 2024.
(g) On May 10, 2006, there were issued on behalf
of the County an issue of Certificates of Participation,
Series 2006B, dated May 10, 2006 (the "2006B Certificates of
Participation"), evidencing undivided interests in the 2004
Lease/Purchase Agreement, as supplemented by a Second
Supplemental Lease/Purchase Agreement, dated as of April 15,
2006, by and between .the Original Leasing Corporation, as
Lessor, and the County, as Lessee, such 2006B Certificates of
Participation being outstanding on the date hereof in the
principal amount of $5,725,000 and becoming due and payable
on November 1 in each of the years 2012 through 2024.
(h) The Board deems it advisable and in the best
interest of the County that all or a portion of the 2001
Certificates of Participation, all or a portion of the 2003A
Certificates of Participation, all or a portion of the 2003B
Certificates of Participation, all or a portion of the 2004A
Certificates of Participation, all or a portion of the 2004B
Certificates of Participation, all or a portion of the 2005B
Certificates of Participation and all or a portion of the
2006B Certificates of Participation (collectively, the
"Refunded Certificates of Participation") be refunded in
advance of their stated maturities and defeased from the
proceeds of sale of one or more series of Refunding
Certificates of Participation in the principal amount of not
to exceed $30,000,000 (the "Refunding Certificates of
Participation") to be issued on behalf of the County.
(i) In connection with the refunding of the
Refunded Certificates of Participation and the issuance of
the Refunding Certificates of Participation, the Board deems
it advisable and in the best interest of the County to
authorize the execution and delivery of an Acknowledgment
Agreement (the "Acknowledgment Agreement") by and among the
County, the Original Leasing Corporation and U.S. Bank
National Association, as Successor Trustee and as Successor
Leasing Corporation, among other things, for the purpose of
(i) acknowledging that U.S. Bank National Association as
Successor Leasing Corporation has succeeded to all right,
title and interest of the Original Leasing Corporation in and
to, and all duties and obligations of the Original Leasing
Corporation under, the Ground Leases, the Lease/Purchase
Agreements and the Assignment Agreements, and (ii)
acknowledging that U.S. Bank National Association as
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Successor Trustee has succeeded to all right, title and
interest of the Original Trustee in and to, and all duties
and obligations of the Original Trustee under, the 2001 Trust
Agreement, the 2003 Trust Agreement, the 2004 Trust Agreement
and the 2005 Trust Agreement (the defined terms used herein
having the meanings given to such terms in the Acknowledgment
Agreement).
(j) In connection with the refunding of the
Refunded Certificates of Participation and the issuance of
the Refunding Certificates of Participation in one or more
series, the Board deems it advisable and in the best interest
of the County to authorize the execution and delivery of a
Lease/Purchase Agreement (the "Lease/Purchase Agreement") by
and between the Successor Leasing Corporation, as Lessor, and
the County, as Lessee, and the execution and delivery of a
Trust Agreement (the "Trust Agreement") by and among U.S.
Bank National Association, as Trustee (the "Trustee"), the
Successor Leasing Corporation and the County, providing for
the issuance of one or more series of the Refunding
Certificates of Participation.
(k) The Board has determined that it is advisable
to take certain other actions in connection with the
authorization, issuance, sale and delivery of the Refunding
Certificates of Participation, including delegating to the
County Administrator the authority, among other things, to
approve the interest rates for and other details of the
Certificates
SECTION 2. Additional Findings and Determinations.
The Board hereby further finds and determines as follows:
(a) The leasing of the Projects (as defined in the
Lease/Purchase Agreement) are presently essential to the
County and are anticipated to continue to be essential to the
County.
(b) The representations set forth in Section 2.1
of the Lease/Purchase Agreement are true and correct on and
as of the date of adoption of this resolution.
(c) The statements set forth in Section 4.4 of the
Lease/Purchase Agreement accurately reflect the intention of
the Board with respect to the subject matter thereof, subject
to the qualification recited therein that the Board is not
empowered to make any commitment beyond the current fiscal
year of the County.
SECTION 3. Approval of the Form of the
Acknowledgment Agreement and the Terms, Conditions and
Provisions Thereof; Execution and Delivery of the
Acknowledgment Agreement. The form of the Acknowledgment
Agreement presented to the meeting of the Board at which this
resolution is being adopted and the terms, conditions and
provisions thereof are hereby approved, ratified and
confirmed, and the County Administrator or any Deputy County
Administrator is hereby authorized and directed to execute
and deliver to the Original Leasing Corporation and to U.S.
Bank National Association, as Successor Leasing Corporation
and as Successor Trustee, the Acknowledgment Agreement in
such form, together with such changes as shall be approved by
the County Administrator or the Deputy County Administrator
executing the same upon advice of counsel to the County, such
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approval to be conclusively evidenced by the execution
thereof by the County Administrator or the Deputy County
Administrator executing the same.
SECTION 4. Approval of the Form of the
Lease/Purchase Agreement and the Terms, Conditions and
Provisions Thereof; Execution and Delivery of the
Lease/Purchase Agreement. The form of the Lease/Purchase
Agreement presented to the meeting of the Board at which this
resolution is being adopted and the terms, conditions and
provisions thereof (including in particular the Base Payments
required to be paid thereunder as the same shall be set forth
in the exhibits thereto and the other rental payments
required to be paid thereunder) are hereby approved, ratified
and confirmed, and the County Administrator or any Deputy
County Administrator is hereby authorized and directed to
execute and deliver to the Leasing Corporation the
Lease/Purchase Agreement in such form, together with such
changes as shall be approved by the County Administrator or
the Deputy County Administrator executing the same upon the
advice of counsel to the County, such approval to be
conclusively evidenced by the execution thereof by the County
Administrator or the Deputy County Administrator executing
the same.
SECTION 5. Approval of the Form of the Trust
Agreement and the Terms, Conditions and Provisions Thereof;
Execution and Delivery of the Trust Agreement; Approval of
Appointment of Trustee. (a) The form of the Trust Agreement
presented to the meeting of the Board at which this
resolution is being adopted and the terms, conditions and
provisions thereof, are hereby approved, ratified and
confirmed, and the County Administrator or any Deputy County
Administrator is hereby authorized and directed to execute
and deliver the Trust Agreement to the Trustee and the
Leasing Corporation, together with such changes as shall be
approved by the County Administrator or the Deputy County
Administrator executing the same upon the advice of counsel
to the County, such approval to be conclusively evidenced by
the execution thereof by the County Administrator or the
Deputy County Administrator executing the same.
(b) The Board hereby approves the appointment of
U.S. Bank National Association, as Trustee under the Trust
Agreement.
SECTION 6. Preparation and Distribution of
Preliminary Offering Statement and Preparation, Execution and
Delivery of Offering Statement; Preliminary Offering
Statement "Deemed Final" for Purposes of Rule 15c2-12 of the
Securities and Exchange Commission. (a) The County
Administrator and other appropriate officials and employees
of the County are hereby authorized and directed to prepare
and distribute or disseminate, or cause to be prepared and
distributed or disseminated, to prospective purchasers of the
Refunding Certificates of Participation a Preliminary
Offering Statement relating to the Refunding Certificates of
Participation (the "Preliminary Offering Statement"), such
Preliminary Offering Statement to be in substantially the
form presented to the meeting of the Board at which this
resolution is being adopted. All actions taken by the
officials, employees, agents and attorneys of the County with
respect to the preparation and distribution or dissemination
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of such Preliminary Offering Statement prior to the date
hereof are hereby approved, ratified and confirmed.
(b) The County Administrator and other appropriate
officials and employees of the County are hereby authorized
and directed to prepare, or to cause to be prepared, an
Offering Statement relating to the Refunding Certificates of
Participation (the "Offering Statement"), such Offering
Statement to be in substantially the form of the Preliminary
Offering Statement with the completion therein of the
information with respect to the interest rates to be borne by
the Refunding Certificates of Participation as specified by
the successful bidder for the Refunding Certificates of
Participation and other definitive details of the Refunding
Certificates of Participation determined upon the sale of the
Refunding Certificates of Participation to the successful
bidder therefor.
(c) The County Administrator is hereby authorized
to execute and deliver to the representative of the
purchasers of the Refunding Certificates of Participation the
Offering Statement relating to the Refunding Certificates of
Participation in accordance with the provisions of the
Detailed Notice of Sale relating to the Refunding
Certificates of Participation.
(d) The Preliminary Offering Statement shall be
"deemed final" as of its date for purposes of Rule 15c2-12
promulgated by the Securities and Exchange Commission
pursuant to the Securities Exchange Act of 1934 ("Rule
15c2-12") except for the omission of certain information
permitted to be omitted by Rule 15c2-12. The County
Administrator is hereby authorized to execute and deliver to
the representative of the purchasers of the Refunding
Certificates of Participation a certificate dated the date of
the Preliminary Offering Statement stating that the
Preliminary Offering Statement is "deemed final" as of its
date by the County for purposes of Rule 15c2-12.
SECTION 7. Sale of Refunding Certificates of
Participation; Details of Refunding Certificates of
Participation. (a) There is hereby delegated to the County
Administrator authority, without further action by the Board,
to approve the sale of the Refunding Certificates of
Participation in the principal amount of not to exceed
$30,000,000 at competitive sale at not less than 1000 of the
principal amount thereof, plus accrued interest thereon from
their date to the date of the delivery thereof and payment
therefor, and on such other terms and conditions as shall be
provided in the Detailed Notice of Sale relating to the
Refunding Certificates of Participation. The County
Administrator is hereby authorized to cause to be published
and distributed a Detailed Notice of Sale relating to the
Refunding Certificates of Participation in such form and
containing such terms and conditions as the County
Administrator may deem advisable, subject to the provisions
hereof. In lieu of publishing the full text of the Detailed
Notice of Sale relating to the Refunding Certificates of
Participation 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
Refunding Certificates of Participation in such form as the
County Administrator shall approve to be published in The
Bond Buyer on a date selected by the County Administrator and
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is hereby further authorized to cause to be prepared and
distributed a Detailed Notice of Sale relating to the
Refunding Certificates of Participation.
(b) The County is hereby authorized to receive
bids for the purchase of the Refunding Certificates of
Participation and, the County Administrator, without further
action by the Board, is authorized to approve the acceptance
of the bid offering to purchase the Refunding Certificates of
Participation at the lowest true interest cost to the County,
computed in accordance with the provisions of the Detailed
Notice of Sale; provided (i) that such bid is in conformity
with the Detailed Notice of Sale, (ii) that the true interest
cost to the County as specified in such bid is not in excess
of six percent (6.00%) and (iii) that any premium payable
upon the optional redemption of the Refunding Certificates of
Participation shall not exceed two percent (2.OOo) and
provided further that, prior to the acceptance of any bid,
the County shall have received and be holding the good faith
deposit specified in the Detailed Notice of Sale. The County
Administrator is hereby authorized to determine the date of
the Refunding Certificates of Participation, the dates on
which interest shall be payable on the Refunding Certificates
of Participation, the maturity dates of the Refunding
Certificates of Participation, the aggregate principal
amounts of the Refunding Certificates of Participation of
each series and the principal amounts of the Refunding
Certificates of Participation maturing in each year.
(c) The County Administrator, the Director of
Accounting and the County Attorney are hereby authorized to
execute and deliver to the purchasers of the Refunding
Certificates of Participation one or more certificates in the
forms provided for in the Offering Statement relating to the
Refunding Certificates of Participation.
(d) The County Administrator is hereby authorized
to approve the definitive details of the Refunding
Certificates of Participation as the same shall be set forth
in the Detailed Notice of Sale, the Preliminary Offering
Statement, the Offering Statement and the bid submitted by
the successful bidder for the Refunding Certificates of
Participation.
SECTION 8. Tax Covenant. The County covenants
and agrees to comply with the provisions of Sections 103 and
141-150 of the Internal Revenue Code of 1986 and the
applicable Treasury Regulations promulgated thereunder
throughout the term of the Refunding Certificates of
Participation.
SECTION 9. Authorization to Designate the
Refunded Certificates of Participation for Redemption;
Approval of the Selection of the Trustee as Escrow Agent;
Authorization to Enter into an Escrow Deposit Agreement;
Authorization to Select a Verification Agent. (a) Subject to
the sale and receipt of the proceeds of the Refunding
Certificates of Participation by the Trustee, the County
Administrator is hereby authorized to designate the Refunded
Certificates of Participation for redemption on such date or
dates as the County Administrator shall determine and is
hereby further authorized to request the Trustee to cause the
notices of the redemption of the Refunded Certificates of
Participation to be given in accordance with the provisions
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of the trust agreements under which the Refunded Certificates
of Participation were issued.
(b) The selection of the Trustee to serve as
Escrow Agent for the Refunded Certificates of Participation
is hereby approved, ratified and confirmed, and the County
Administrator is hereby authorized to deliver to the Trustee
in its capacity as Escrow Agent irrevocable written
instructions to give notices, or to cause such notices to be
given to the holders of the Refunded Certificates of
Participation of the redemption of such Refunded Certificates
of Participation on the dates fixed for the redemption
thereof, such notices to be given in the manner and at the
time or times provided in the trust agreements under which
the Refunded Certificates of Participation were issued.
(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.
SECTION 10. Authorization to Purchase Government
Securities. The County Administrator or the County Treasurer
is hereby authorized to execute, on behalf of the County,
subscriptions for United States Treasury Obligations - State
and Local Government Series, if any, to be purchased by the
County in connection with the refunding of the Refunded
Certificates of Participation. 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 Certificates
of Participation. 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 Certificates of Participation 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 11. Further Action of the Board and of
the Officials and Employees of the County.
the Board and the officials and employees of
hereby authorized and directed to take an
further action as upon advice of counsel to
shall deem necessary or desirable in order to
effect to and consummate the transactions
this resolution and by the terms of the
The members of
the County are
~ and all such
the County they
carry out, give
contemplated by
Lease/Purchase
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Agreements and the Trust Agreements and by any of the
documents referred to herein or therein or approved hereby or
thereby.
SECTION 12. Repeal of Conflicting Resolutions.
All resolutions, or portions thereof, heretofore adopted by
the Board which are in conflict or inconsistent with this
resolution are hereby repealed to the extent of such
inconsistency.
SECTION 13. Effectiveness of Resolution. This
resolution shall be effective from and after its adoption.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.C.17. REQUEST TO QUITCLAIM A PORTION OF A SIXTEEN-FOOT
SEWER AND WATER EASEMENT ACROSS THE PROPERTY OF
STONEBRIDGE REALTY HOLDINGS LLC
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 16' sewer and water easement across the property
of Stonebridge Realty Holdings, LLC. (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.
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 Ms. Jaeckle, the Board
accepted the following reports: a Report on Developer Water
and Sewer Contracts; and a Report on 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
Ms. Carrie Coyner addressed the Board relative to the
revitalization of the Jefferson Davis corridor and private
sector partnerships.
In response to Mr. Holland's question, Ms. Coyner
expressed her concerns regarding zoning changes. She
further stated private sector partnerships could be
extremely effective in the specific area mentioned.
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11. CLOSED SESSION PURSUANT TO SECTION 2.2-3711.A.7., CODE
OF VIRGINIA, 1950, AS AMENDED, FOR CONSULTATION WITH
LEGAL COUNSEL REGARDING SPECIFIC LEGAL MATTERS REQUIRING
THE PROVISION OF LEGAL ADVICE
On motion of Mr. Elswick, seconded by Mr. Holland, the
Board went into closed session pursuant to Section 2.2-
3711.A.7., Code of Virginia, 1950, as amended, for
consultation with legal counsel regarding specific legal
matters requiring the provision of legal advice.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
Reconvening:
On motion of Ms. Jaeckle, seconded by Mr. Holland, the
Board adopted the following resolution:
WHEREAS, the Board of Supervisors has this day
adjourned into Closed Session in accordance with a formal
vote of the Board and in accordance with the provisions of
the Virginia Freedom of Information Act; and
WHEREAS, the Virginia Freedom of Information Act
effective July 1, 1989. provides for certification that
such Closed Session was conducted in conformity with law.
NOW, THEREFORE BE IT RESOLVED, the Board of
Supervisors does hereby certify that to the best of each
member's knowledge, i) only public business matters
lawfully exempted from open meeting requirements under the
Freedom of Information Act were discussed in the Closed
Session to which this certification applies, and ii) only
such business matters were identified in the Motion by
which the Closed Session was convened were heard,
discussed, or considered by the Board. No member dissents
from this certification.
The Board being polled, the vote was as follows:
Mr. Holland: Aye.
Mr. Elswick: Aye.
Mr. Warren: Aye.
Ms. Jaeckle: Aye.
Mr. Gecker: Aye.
12. DINNER
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
recessed to Room 502, for dinner.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
Reconvening:
13. INVOCATION
Mr. Holland gave the invocation.
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14.
AMERICA
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
Eagle Scout Nickolas Yoss led the Pledge of Allegiance.
15.
15.A.
RESOLUTIONS
ORGANIZATION, INCORPORATED
RECOGNIZING THE MISS CHESTERFIELD SCHOLARSHIP
Mr. Kappel introduced representatives of the Miss
Chesterfield Scholarship Organization, Incorporated, who were
present to receive the resolution.
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, the Miss Chesterfield Scholarship Organization,
Inc. is a 501(C) 3 non-profit organization that serves
outstanding young women; and
WHEREAS, the Miss Chesterfield Scholarship Organization
conducts the Miss Chesterfield Scholarship Pageant; and
WHEREAS, the Miss Chesterfield Scholarship Pageant is a
preliminary pageant to the Miss Virginia Scholarship and Miss
America pageants; and
WHEREAS, the Miss America Organization is one of the
nation's leading achievement programs and the world's largest
provider of scholarship assistance for young women; and
WHEREAS, the Miss Chesterfield Scholarship Organization
provides young women with opportunities that can lead to
scholarship assistance to help prepare them for successful
careers; and
WHEREAS, in 2011, the Miss America Organization provided
more than $45 million in cash and scholarship assistance; and
WHEREAS, the Miss America Organization also has
partnered with Children's Miracle Network to raise funds and
awareness for children's hospitals throughout the United
States; and
WHEREAS, the Miss Chesterfield Scholarship Organization
provides girls aged 4-9 an opportunity to participate in a
non-competitive Princess program that includes group
community service activities; and
WHEREAS, the Miss Chesterfield Outstanding Teen advances
to compete in the Miss Virginia's Outstanding Teen Pageant,
which is a preliminary pageant to Miss America's Outstanding
Teen Pageant; and
WHEREAS, Miss Chesterfield's Outstanding Preteen also
competes at the state level; and
WHEREAS, in these activities, young women develop
presentation skills, poise, charm and grace while having the
opportunity to provide community service.
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NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 23rd day of May 2012,
publicly recognizes the important contributions of the Miss
Chesterfield Scholarship Organization, Inc. to the
development of young women and to their future success.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to the Miss Chesterfield Scholarship
Organization and that this resolution be permanently recorded
among the papers of this Board of Supervisors of Chesterfield
County, Virginia.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
Mr. Gecker presented the executed resolutions to each of the
pageant winners and congratulated them on their exemplary
achievements.
Ms. Birdie Jamison, Director, Teen/Preteen Program of Miss
Chesterfield, stated the program provides many scholarships
to young women.
Each pageant winner introduced themselves and briefly
explained their goals and volunteer work.
15.B. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF
EAGLE SCOUT
Mr. Kapppel introduced Mr. Robert Hamilton Cross, Mr. David
Preston Rowe, Mr. Nickolas Christian Yoss, Mr. Matthew
Douglas James, Mr. Charles Cardell Kelley, Mr. Matthew
Charles Wild and Mr. Benjamin Thomas Horansky, who were
present to receive the resolution.
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress, in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to his community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law, Mr. Robert Hamilton
Cross and Mr. David Preston Rowe, both of Troop 869,
sponsored by Salisbury Presbyterian Church, Mr. Nickolas
Christian Yoss, Troop 2822, sponsored by Bethia United
Methodist Church; Mr. Matthew Douglas James, Troop 1810,
sponsored by the Church of the Epiphany; and Mr. Charles
Cardell Kelley,- Mr. Matthew Charles Wild and Mr. Benjamin
Thomas Horansky, all of Troop 876, sponsored by Mount Pisgah
United Methodist Church, have accomplished those high
standards of commitment and have reached the long-sought goal
of Eagle Scout, which is received by only four percent of
those individuals entering the Scouting movement; and
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WHEREAS, growing through their experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare themselves for a role as leaders in
society, Robert, David, Nick, Matthew, Charles, Matthew and
Ben have distinguished themselves as members of a new
generation of prepared young citizens of whom we can all be
very proud.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 23rd day of May 2012,
publicly recognizes Mr. Robert Hamilton Cross, Mr. David
Preston Rowe, Mr. Nickolas Christian Yoss, Mr. Matthew
Douglas James, Mr. Charles Cardell Kelley, Mr. Matthew
Charles Wild and Mr. Benjamin Thomas Horansky, extends
congratulations on their attainment of Eagle Scout, and
acknowledges the good fortune of the county to have such
outstanding young men as its citizens.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
Mr. Gecker and Mr. Elswick presented the executed
resolutions and patches to each of the Eagle Scouts,
accompanied by members of their families, congratulated them
on their outstanding achievements, and wished them well in
future endeavors.
Each of the scouts provided details of their Eagle Scout
project and expressed appreciation to their parents and
others for their support.
16. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
17. 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 19
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 Compressive
Plan suggests the property is appropriate for community mixed
use. Tax ID 774-656-6268.
Mr. Turner stated Ms. Jaeckle has requested a 30-day deferral
of Case 12SN0134.
Mr. Gecker called for public comment.
No one came forward to speak to the deferral.
Ms. Jaeckle made a motion, seconded by Mr. Elswick, for the
Board to defer Case 12SN0134 until June 27, 2012.
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Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
12RW0147
In Midlothian Magisterial District, Twin Creek Properties,
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 a tributary to Michaux Creek as a
result of grading for construction related to buildings and
the stormwater management facility. The property is located
at 14700 Bridge Creek Drive, which is within the Michaux
Creek drainage basin. Tax ID 719-712-7932.
Mr. Turner presented a summary of Case 12RW0147 and stated
staff recommended aboroval subject to the conditinn~_
Mr. Gecker called for public comment.
Ms. Norma Szakal, President of Hands Across The Lake,
expressed concerns relative. to encroachments on existing
RPA's. She urged the Board to defer the case for thirty days.
There being no one else to speak to the request, the public
hearing was closed.
Mr. Gecker noted the road was already built and the site plan
has been in place for a long period of time. He further
stated the proposed development satisfies the six findings.
Mr. Gecker then made a motion, seconded by Mr. Holland, for
the Board to approve Case 12RW0147, subject to the following
conditions:
1. The mitigation measures outlined in the document titled
Brook Creek Crossing Water Quality Impact Assessment
Chesterfield County, Virginia, prepared by Balzer and
Associates, Inc; dated February 8, 2012 shall be
incorporated and implemented during the plan review
process. (EE)
2. The Department of Environmental Engineering may approve
alternative mitigation measures if it is determined that
such alternatives will not increase impacts to the RPA
or downstream water bodies. (EE)
3. In conjunction with the submittal of construction plans
for Brookcreek Crossing Phase III an amended plat shall
be submitted to the Planning Department (per Section 17-
35 of the Subdivision Ordinance) for Brookcreek Crossing
Section "A". The amended plat shall depict the addition
of the riparian buffer as noted in the approved WQIA.
The record plat shall bear a note: "Destruction or
alteration of the Riparian Protection Area, other than
those authorized by Chesterfield County, shall be
prohibited. Construction, maintenance or placement of
any structures or fills including but not limited to
buildings, mobile homes, fences and signs shall be
prohibited. However, boardwalks, wildlife management
structures, observations decks and one informative sign
may be placed in the Riparian Protection Area provided
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any such structure does not impede the natural movement
of water and preserves the natural contour of the ground
and will be subject to prior written approval by
Chesterfield County." (EE) (P)
(NOTE: Approval of this exception is for encroachment into
the RPA buffer only and does not guarantee development of the
site as explicitly proposed in the WQIA referenced in
Condition 1 above. Development of the site is subject to all
ordinance requirements, review processes, and/or other
requirements currently adopted at the time of plans review.)
Ayes: Decker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
12SN0186
(Amended) In Midlothian Magisterial District, Daniel Barrett
requests conditional use approval and amendment of zoning
district map to permit a residential stock farm (keeping of
miniature horses and miniature donkeys) in a Residential (R-
40) District on 22 acres known as 3500 Old Gun Road West.
Density will be controlled by zoning conditions or ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for residential use of 1 dwelling/acre or less.
Tax ID 736-722-5574.
Mr. Turner presented a summary of Case 12SN0186 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Mr. Danny Barrett, representing the applicant, accepted the
recommendation.
Mr. Decker called for public comment.
Mr. Tom Marcy, neighbor of the applicant, inquired if any
conditions had changed since the previous submittal of the
proposal.
In response to Mr. Marcy's question, Mr. Decker stated
nothing has changed since the submission.
There being no one else to speak to the request, the public
hearing was closed.
Mr. Decker made a motion, seconded by Ms. Jaeckle, for the
Board to approve Case 12SN0186 and accept the following
proffered conditions:
1. All areas associated with the keeping of miniature
horses or miniature donkeys (pastures, stables,
shelters, etc.) shall be cleaned and made free of waste
on a regular basis. In addition, the property owner
shall employ a means of eliminating any odor problems
and propagation of insects.. (P)
2. Any fence serving as a containment area for the animals
shall be placed along or outside of the edge of the 100
foot conservation buffer (Resource Protection Area) and
along the existing narrow road if the animals will have
access across the perennial stream on the property. The
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fence shall be of post and board construction matching
the style of the existing fence on the property. (P)
3. This conditional use approval shall be granted to and
for Tony and/or Kathryn Lucas exclusively, and shall not
be transferable or run with the land. (P)
4. The stock farm use shall be limited to the keeping of a
maximum of three (3) miniature horses or miniature
donkeys. These animals are approximately 34" at the
withers (shoulders) and weigh approximately 200 pounds.
(P)
5. Any barn enclosure and or shelter shall be no larger
than 500 square feet in area and the building material
will be wood siding with cedar, slate, or asphalt
shingle (see photographs 1 & 2). (P)
6. The animals will be placed in the barn from dark to
dawn. (P)
7. The barn enclosure and pasture area will be located on
the site as indicated on the attached aerial photograph.
(P)
8. No commercial activity, such as the breeding or sale of
animals, shall be permitted in conjunction with this
use. (P)
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
12SN0197
In Bermuda Magisterial District, Priority Volkswagen c/o
Ellmer Properties Chesterfield, LLC requests conditional use
planned development approval and amendment of zoning district
map to permit exceptions to ordinance requirements relative
to parking in a General Business (C-5) District on 8.9 acres
fronting 200 feet on south line of Ruffin Mill Road, 2560
feet south of Woods Edge Road. Density will be controlled by
zoning conditions or ordinance standards. The Comprehensive
Plan suggests the property is appropriate for general
commercial use. Tax IDs 804-637-Part of 7907 and 805-637-
0272.
Mr. Turner presented a summary of Case 12SN0197 and stated
both the Planning Commission and staff recommended approval
and acceptance of one proffered condition.
Mr. Brennen Keene, representing the applicant, accepted the
recommendation.
Mr. Gecker called for public comment.
There being no one to speak to the request, the public
hearing was closed.
Ms. Jaeckle made a motion, seconded by Mr. Elswick, for the
Board to approve Case 12SN0197 and accept the following
proffered condition:
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The Owners and the Developer (the "Owners") in this zoning
case, pursuant to §15.2-2298 of the Code of Virginia (1950 as
amended) and the Zoning Ordinance of Chesterfield County, for
themselves and their successors or assigns, proffer that the
development of the Property known as Chesterfield County Tax
Identification Number 805-637-0272 and part of 804-637-7907
(the "Property") under consideration will be developed
according to the following conditions if, and only if, the
rezoning request for Conditional Use Planned Development
("CUPD") is granted. In the event the request is denied or
approved with conditions not agreed to by the Owners, the
proffers shall immediately be null and void and of no further
force or effect.
1. The Textual Statement dated February 3, 2012 and
revised April 2, 2012, shall be considered the
Master Plan. (P)
TEXTUAL STATEMENT
Ellmer Properties Chesterfield, LLC
Priority Volkswagen
February 3, 2012
Revised April 2, 2012
Conditional Use Planned Development ("CUPD") to permit a
zoning ordinance exception, as described below, for a C-5
General Business District zoned property known as Chesterfield
County Tax Identification Number 805-637-0272 and part of 804-
637-7907.
A temporary gravel parking lot as shown on the attached plan
(titled "Priority Volkswagen, Bermuda District, Chesterfield
County, VA, Sheet C 4," dated, February 23, 2011, last
revised April 13, 2011, and prepared by Townes Consulting
Engineers, Planners, Land Surveyors) shall be permitted on
the request property provided that the temporary gravel lot
shall be paved either: (i) as part of the construction of any
building(s) on Tax ID 805-637-0272 or (ii) no later than four
(4) years from the date of the approval of this request,
whichever comes first.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
12SN0211
In Midlothian Magisterial District, Irving Draper requests
renewal of manufactured home permit (Case 04SR0167) and
amendment of zoning district map to permit a temporary
manufactured home in a Residential (R-7) District on .6 acre
known as 1410 Railroad Avenue. Density is approximately 1.6
units per acre. The Comprehensive Plan suggests the property
is appropriate for residential use. Tax ID 727-710-3162.
Mr. Turner. presented a summary of Case 12SN0211 and stated
staff recommended approval subject to the conditions.
Mr. Irving Draper accepted the recommendation.
Mr. Gecker called for public comment.
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There being no one to speak to the request, the public
hearing was closed.
Mr. Gecker made a motion, seconded by Ms. Jaeckle, for the
Board to approve Case 12SN0211, subject to the following
conditions:
1. The applicant shall be the owner and occupant of the
manufactured home. (P)
2. No lot or parcel may be rented or leased for use as a
manufactured home site nor shall any manufactured home
be used for rental property. (P)
3. No additional permanent-type living space may be added
onto this manufactured home. This manufactured home
shall be skirted, but shall not be placed on a permanent
foundation. (P)
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
12SN0105
(Amended) In Midlothian Magisterial District, Holiday Signs
c/o Allen M. Twedt request conditional use approval and
amendment of zoning district map to permit a computer-
controlled, variable message, electronic sign in a General
Business (C-5) District on .5 acre known as 11665 Midlothian
Turnpike. Density controlled by zoning conditions or
ordinance standards. The Comprehensive Plan suggests the
property is appropriate for general commercial use. Tax ID
739-708-6141.
Ms. Peterson presented a summary of Case 12SN0105 and stated
both the Planning Commission and staff recommended denial
because the proposed sign does not conform to the adopted
Electronic Message Center Policy for such signs relative to
location within the Chesterfield Towne Center Southport
Special District and the requested exception to the Policy
could set a precedent for similar requests. She further
stated the proposal would comply with the policy relative to
spacing, lines of copy, timing of message changes with no
sequential messaging, sign appearance, brightness and lack of
flashing and traveling messages, bijou lighting and
animation. She stated the proposal would not comply with the
policy relative to location within the Chesterfield Towne
Center Southport Special District. She noted there was
opposition present expressing concern that the proposed sign
did not conform to the Board's policy; the area was being
revitalized with new landscaping; and that approval of the
request would set a precedent.
Mr. Norman Way, Director of Operations at Puritan Cleaners,
stated the proposed sign is aesthetically pleasing and keeps
with the requirements relative to EMC's. He further stated
the proposed sign would give off less ambient light and
illumination, would be easier to change and more energy
efficient to operate. He summarized the timeline of the case
as it was presented before the Planning Commission and Board
of Supervisors. He stated a request was amended to withdraw
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the exception to the Ordinance requirement that the
changeable copy be integrated into or abut the sign face and
a revised textual statement was submitted. He further stated
the Planning Commission recommended denial based on the
relevance to location within the Chesterfield Towne Center
Southport Special District. In closing, he asked for the
Board's approval of the request.
Mr. Gary Glover, owner of Puritan Cleaners, stated the goal
of the proposal is to offer a better appearance to Midlothian
Turnpike and encourage better business. He urged the Board to
approve the case.
Mr. Gecker called for public comment.
Mr. Bob Olsen expressed concerns relative to noncompliant
electronic message signs. He stated he could support the
request if the sign was limited to a height of 15 feet.
Mr. Freddy Boisseau stated the sign abides by the current
ordinance. He recommended approval of the case.
Mr. Peppy Jones expressed concerns that the proposed sign was
against the Board's policy and would set a precedent. He
urged the Board to deny the proposal.
Mr. Allen Twedt, Vice President of Holiday Signs, stated the
policy does not require the fifty percent reduction; it is
part of the ordinance. He further stated the proposal is a
static, 30-second image sign. He urged the Board to approve
the request.
Mr. Ralph Carter urged the Board to change the policy. He
recommended approval of the case.
There being no one else to speak to the request, the public
hearing was closed.
Mr. Way stated many businesses on Midlothian Turnpike have
electronic message signs. He further stated the proposed sign
is ascetically pleasing and encourages business.
In response to Mr. Gecker's questions regarding the height of
the proposed sign, Mr. Glover stated the sign needs to match
up to the height of the building to create a more balanced
look. He further stated the issue has been exhausted and the
old sign can be refurbished.
Ms. Jaeckle stated special districts should have different
criteria. She further stated approved amendments to the
recently-adopted EMC policy were determined based on limiting
the color and size of the message. She stated reader boards
are not an effective way to advertise a business. She
expressed concerns relative to special district carve-outs.
In response to Ms. Jaeckle's comments, Mr. Decker stated the
policy change was hastily made. He stated the reason for the
carve-out was not to impact business negatively, but because
businesses that participate in the district pay a higher tax
rate for the purpose of beautifying that specific district.
He further stated there has been evidence that businesses as
a whole which make up the core of the particular service
district, do not want a proliferation of EMC's. He stated the
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reason the case was remanded was to ask the Commission to
analyze the timing issue. He noted when the original
application was filed, it may have complied with the policy,
but it did not comply with the ordinance. He stated the view
of pro-business needs to be looked at in the collective and
not in the individual. In closing, he stated he would not
support the case because it would set a precedent for other
businesses.
Mr. Elswick stated he understands the frustration of the
business owner in regards to the lengthy process the case has
been through. He further stated the proposed electronic
message sign is the better option. He urged the applicant to
consider lowering the sign to a height of 15 -feet.
Discussion ensued relative to lowering the proposed sign to
15 feet.
Mr. Gecker made a motion, seconded by Ms. Jaeckle, for the
Board to defer Case 12SN0105 until June 27, 2012.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
18. PUBLIC HEARINGS
18.A. TO CONSIDER THE FY2013-FY2018 SECONDARY ROAD SIX-YEAR
IMPROVEMENT PLAN AND FY2013 SECONDARY ROAD IMPROVEMENT
BUDGET
Mr. McCracken stated this date and time has been advertised
for a public hearing for the Board to consider the FY2013-
FY2018 Secondary Road Six-Year Improvement Plan and FY2013
Secondary Road Improvement Budget. He stated improvements to
Bailey Bridge Road and Spring Run Road and the bridge
replacement on Genito Road are under construction, and
intersection improvements for Courthouse Road at Route 360
and Reams Road at Rosegill Road are in the right-of-way
acquisition phase and should be under construction in 2014.
He further stated reconstruction of Newby's Bridge Road, in
the plan since the late 1990's, has been reduced to spot
improvements and a spot safety improvement to Woolridge Road
is in the design phase. He stated two new projects are
recommended for inclusion in the Plan - Nash Road at Reedy
Branch Bridge replacement and Russwood Road paving.
In response to Mr. Elswick's question, Mr. McCracken stated
VDOT has started to provide funding for the project and
district staff has begun to work on preliminary engineering
for Nash Road at Reedy Branch Bridge Replacement. He further
stated the project will take several years to complete
construction.
Mr. Holland urged the Board to look towards the future in
regards to identifying improvements that need to be made to
the secondary road system in the county.
In response to Mr. Holland's question, Mr. McCracken stated
the state is making available $10 million a year, which the
county will match based on support, to make some significant
improvements to the transportation system. He commended the
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Board for their continued efforts and persistence in
improving the county's secondary road system.
In response to Ms. Jaeckle's question, Mr. McCracken stated
safety is a factor that is considered relative to
improvements to secondary roads, especially older, more
established roads.
Mr. Decker called for public comment.
No one came forward to speak to the issue.
Mr. Gecker expressed his appreciation to those VDOT
representatives who were in attendance.
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, the Chesterfield County Board of Supervisors
and the Virginia Department of Transportation (VDOT) have
conducted. a public hearing on the FY2013 through FY2018
Secondary Road Six-Year Improvement Plan; and
WHEREAS, the Board concurs with the proposed projects
identified in the Plan.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors approves the FY2013 through
FY2018 Six-Year Secondary Road Improvement Plan as presented
by VDOT.
And, further, the Board adopted the following resolution:
WHEREAS, the Virginia Department of Transportation
(VDOT) has submitted its proposed FY2013 Secondary Road
Improvement Budget to the county; and
WHEREAS, the Budget represents the implementation of the
first year of the FY2013 through FY2018 Six-Year Improvement
Plan adopted by the Board.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors approves the FY2013 Secondary
Road Improvement Budget as presented by VDOT.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
18.B. TO CONSIDER AN ORDINANCE TO AMEND THE COUNTY CODE
RELATING TO REAL ESTATE TAX EXEMPTIONS AVAILABLE FOR
THE REHABILITATION, RENOVATION OR REPLACEMENT OF
STRUCTURES
Dr. Bailey stated this date and time has been advertised for
a public hearing for the Board to consider an ordinance to
amend the County Code relating to real estate tax exemptions
available for the rehabilitation, renovation or replacement
of structures.
Mr. Decker called for public comment.
No one came forward to speak to the issue.
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Mr. Holland stated rehabilitation of structures is critically
important.
Mr. Holland then made a motion, seconded by Ms. Jaeckle, for
the Board to adopt the ordinance.
In response to Mr. Elswick's question regarding pending
renovations, Dr. Bailey stated there are projects in the
pipeline from Economic Development.
Mr. Gecker called a vote on the motion of Mr. Holland,
seconded by Ms. Jaeckle, for the Board to adopt the following
ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND
REENACTING SECTIONS 9-29, 9-30, 9-31 AND 9-32 RELATING
TO REAL ESTATE TAX EXEMPTIONS FOR THE REHABILITATION,
RENOVATION OR REPLACEMENT OF STRUCTURES
BE IT ORDAINED by the Board of Supervisors of
Chesterfield County:
(1) That sections 9-29, 9-30, 9-31, and 9-32 of
the Code of the County of Chesterfield, 1997, as
amended, are amended and reenacted to read as follows:
Sec. 9-29. - Rehabilitated historic residential real
estate.
(a) Historic real estate which has been substantially
rehabilitated shall be exempt from taxation subject to
the following:
(1) All residential improvements shall be approved by
the preservation committee.
(2) Any residential structure which has been designated
as a county historical landmark or is located in an area
that has been designated a county historical district
shall be deemed to have been substantially rehabilitated
if the structure is 50 years old or older and has been
improved to increase the assessed value of the structure
by 25 percent or more.
(3) The exemption provided in subsection (a)(1) shall
be an amount equal to the increase in assessed value
resulting from the rehabilitation of the assessed
residential structure, as determined by the county
assessor. The exemption shall apply only to any
subsequent assessment or reassessment of the structure
and shall be limited to the first $500,000.00 of
increased value.
(4) The exemption shall run with the real estate for
ten years.
(b) Prior to beginning the rehabilitation, the owner of
any real estate meeting the criteria stated in this
section may apply for an exemption on forms provided by
the county assessor. The owner shall pay an application
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processing fee of $20.00 to the county assessor for
processing such application.
(c) No property shall be eligible for such exemption
unless the appropriate building permits have been
acquired, and the county assessor has verified that the
rehabilitation indicated on the application has been
completed and meets the requirements of this section.
The resulting structure may be used for any purpose,
including mixed use, that is allowed by the building
code and the applicable zoning regulations for the
property.
Sec. 9-30. - Rehabilitated historic commercial real
estate.
(a) Historic commercial real estate which has been
substantially rehabilitated shall be exempt from
taxation subject to the following:
(1) All commercial improvements shall be approved by
the preservation committee.
(2) Any commercial structure which has been designated
a county historical landmark or is located in an area
that has been designated a county historical district
shall be deemed to have been substantially rehabilitated
if the structure is 50 years old or older and has been
improved to increase the assessed value of the structure
by 25 percent or more.
(3) The exemption provided in subsection (a)(1) shall
be an amount equal to the increase in assessed value
resulting from the rehabilitation of the assessed
commercial structure as determined by the county
assessor. The exemption shall apply only to any
subsequent assessment or reassessment. The exemption
shall be limited to the first $500,000.00 of increased
value.
(4) The exemption shall run with the real estate for
ten years.
(b) Prior to beginning the rehabilitation, the owner of
any real estate meeting the criteria stated in this
section may apply for exemption on forms provided by the
county assessor. The owner shall pay an application
processing fee of $20.00.
(c) No property shall be eligible for such exemption
unless the appropriate building permits have been
acquired, and the county assessor has verified that the
rehabilitation indicated on the application has been
completed and meets the requirements of this section.
The resulting structure may be used for any purpose,
including mixed use, that is allowed by the building
code and applicable zoning regulations for the property.
(d) The board of supervisors hereby authorizes the
county assessor to implement any policies or procedures
necessary to effectively implement sections 9-29 through
9-32.
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Sec. 9-31. - Partial exemption for certain
rehabilitated, renovated or replaced commercial or
industrial structures.
(a) A partial exemption from real estate taxes is
granted to certain commercial or industrial property
which qualifies under the criteria listed in subsection
(b) .
(b) For real property to qualify for the partial
exemption granted by this section, the following
criteria must apply:
(1) Any real estate upon which there is an existing
commercial or industrial structure shall be deemed to
have been substantially rehabilitated, renovated or
replaced when a structure 25 years old or older has been
improved so as to increase the assessed value of the
structure by 15 percent or more. For a motel or hotel,
the structure shall be no less than 35 years of age.
For structures other than a motel or hotel in an area
designated by the Commonwealth of Virginia as an
enterprise zone or subzone, the structure may be 15
years old or older. Subject to the limitations set
forth below, the rehabilitated, renovated or replaced
structure may be used for any purpose, including mixed
use, that is allowed by the building code and the
applicable zoning regulations for the property.
(2) The base value of the commercial or industrial
structure shall be the assessed value of the structure
prior to the commencement of the work as determined by
the county assessor upon receipt of an application for
the tax exemption.
(3) The tax exemption provided in subsection (b)(1)
shall apply when the rehabilitation, renovation or
replacement is completed and the amount exempt from tax
shall be equal to the increase in assessed value, if
any, resulting from the rehabilitation, renovation or
replacement of the assessed structure, as determined by
the county assessor. The exemption shall apply only to
any subsequent assessment or reassessment. In any year
in which the market value of the qualified real estate
decreases below the base value, as determined pursuant
to this section, no credit or refund shall be provided
to the owner.
(4) The exemption shall run with the real estate for
five years.
(5) Nothing in this section shall be construed to allow
the county assessor to list upon the land book any
reduced value or any reduced taxes due to the exemption
provided herein.
(6) The exemption shall apply to 200 percent of the
square footage of the original structure(s) that have
been replaced or rehabilitated if the resulting
structure is used for residential purposes. For mixed
use projects, this limitation shall apply only to the
residential portion of the resulting structure.
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(c) Prior to beginning the rehabilitation, renovation
or replacement the owner of any real estate meeting the
criteria stated in this section shall apply for the
exemption on forms provided by the county. Upon
receiving the application, the county assessor shall
determine the base value of the structure. This base
value determination shall be effective for two years
from. the date of determination, but applicants may
reapply after this time period expires. The owner shall
pay an application fee of $50.00 for each application
which shall be refundable upon completion of the
replacement or rehabilitation. Property located in an
enterprise zone or subzone shall be exempt from paying
an application fee.
(d) Upon completion of the rehabilitation, renovation
or replacement the county assessor shall be notified in
writing and shall inspect the property to determine the
assessed value of the structure and the amount, if any,
of the rehabilitated real estate tax exemption for that
structure. No property shall be eligible for exemption
unless the appropriate building permits have been
acquired,. and the county assessor has verified that the
rehabilitation, renovation or replacement indicated on
the application has been completed and meets the
requirements of this section. In determining the base
value and the increased value resulting from the
substantial rehabilitation, renovation or replacement
the county assessor shall employ usual and customary
methods of assessing real estate.
(e) Where rehabilitation is achieved through demolition
and replacement of an existing structure, the partial
exemptions provided in subsection (b) shall not apply
when any structure demolished is a registered Virginia
landmark or is determined by the department of historic
resources to contribute to the significance of a
registered historic district.
Sec. 9-32. - Partial
rehabilitated, renovated
structures.
exemption for certain
or replaced residential
(a) A partial exemption from real estate taxes is
granted to certain residential property which qualifies
under the criteria listed in subsection (b) below.
Subject to the limitations set forth below, the
rehabilitated, renovated or replaced structure may be
used for any purpose, including mixed use, that is
allowed by the building code and applicable to zoning
regulations for the property.
(b) For real property to qualify for the partial
exemption granted by this section, the following
criteria must apply:
(1) There must be a residential structure on the
property no less than 25 years of age which has been
rehabilitated, renovated or replaced; provided, however,
that if the real estate tax assessment of the structure
is more than ten percent lower than the assessment of
similar structures in the immediate area, as determined
by the assessor, due to the physical condition of the
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structure, the structure may be 15 years or older in
order to qualify under this subsection.
(2) If the existing structure is used solely for a
multifamily residential use, the rehabilitation,
renovation or replacement must not increase the total
square footage of the structure being rehabilitated,
renovated or replaced by more than 30 percent if the
resulting structure is also used solely for multifamily
residential use.
(3) When the circumstances described in section 9-
32(b)(2) are not applicable, the exemption shall apply
to 200 percent of the square footage of the original
structures (s) that have been replaced or rehabilitated
if the resulting structure is used for residential
purposes. For mixed use projects, this limitation shall
apply only the residential portion of the resulting
structure.
(4) The rehabilitation, renovation or replacement must
increase the assessment of the structure by more than
ten percent and must be complete.
(5) The rehabilitation, renovation or replacement must
be accomplished with appropriate building permits.
(c) Prior to beginning the rehabilitation, renovation
or replacement the owner of any real estate meeting the
criteria stated in this section shall apply for the
exemption on forms provided by the county. Upon
receiving the application, the county assessor shall
determine the base value of the structure. This base
value determination shall be effective for two years
from the date of determination,- but applicants may
reapply after this time period expires. The owner shall
pay an application fee of $50.00 for each application,
which shall be refundable upon completion of the
replacement or rehabilitation.
(d) If the assessor determines that the property for
which an application has been filed qualifies for the
partial exemption under this section, the property shall
be exempt from the increase in real estate taxation
resulting solely from the rehabilitation, renovation or
replacement. This exemption shall become effective on
January 1 of the year following the determination made
by the assessor and shall run with the real estate for a
period of eight tax years. The amount of the exemption
shall not change over such eight-year period. Upon
completion of the rehabilitation, renovation or
replacement the county assessor shall be notified in
writing and shall inspect the property to determine the
assessed value of the structure and the amount, if any,
of the rehabilitated real estate tax exemption for that
structure. No property shall be eligible for exemption
unless the appropriate building permits have been
acquired, and the county assessor has verified that the
rehabilitation, renovation or replacement indicated on
the application has been completed and meets the
requirements of this section. In determining the base
value and the increased value resulting from the
substantial rehabilitation, renovation or replacement
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the county assessor shall employ usual and customary
methods of assessing real estate.
(e) Nothing in this section shall be construed to
permit the county assessor to list upon the land book
any reduced value due to the partial exemption provided
in subsection (d).
(f) Where rehabilitation is achieved through demolition
and replacement of an existing structure, the partial
exemption provided in subsection (b) shall not apply
when any structure demolished is a registered Virginia
landmark or is determined by the department of historic
resources to contribute to the significance of a
registered historic district.
(2) That this ordinance shall become effective upon
adoption.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
18.C. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE
ACQUISITION OF EASEMENTS FOR THE GRANGE HALL
ELEMENTARY SCHOOL OFFSITE WATERLINE EXTENSION PROJECT
Mr. Dupler stated this date and time has been advertised for
a public hearing for the Board to consider the exercise of
eminent domain for the acquisition of easements for the
Grange Hall Elementary School Offsite Waterline Extension
Project. He further stated. staff has been negotiating for
acquisition of permanent- water and temporary construction
easements for Grange Hall Elementary School. He stated two
offers, out of eighteen, have not been accepted by property
owners.
In response to Mr. Gecker's question, Mr. Dupler stated a
design has been submitted, reviewed and approved. He further
stated the waterline will be installed by Magnolia Green and
is scheduled to be in service by the end of the year. He
stated a 30-day deferral is not critical to the timeline of
the project.
Mr. Covington stated in regards to part of the initial zoning
agreements, Magnolia Green had agreed to extend the line to
Grange Hall within five years upon the first initiation of
the development. He stated he was not certain a 30-day delay
would hinder plans to complete the project by December 2012.
He further stated staff will continue to negotiate with the
two property owners to reach an agreement.
In response to Mr. Holland's question, Mr. Dupler stated it
is feasible to reach an agreement with the two remaining
property owners in a 30-day time period.
Mr. Covington stated an attempt will be made to reach a
resolution without having to pursue eminent domain to its
fullest.
Mr. Gecker called for public comment.
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Mr. Bill Woodfin, managing property owner of WLW L.L.C.,
expressed concerns relative to how an easement would affect
any variance requests to the setback requirements of the
county. He stated staff did not provide transparency and
answers to questions he had regarding the waterline easement
through the north side of his property that will serve Grange
Hall Elementary School
No one else came forward to speak to the issue.
Mr. Elswick urged the Board to defer the issue to give staff
an opportunity to work with Mr. Woodfin. He then asked Mr.
Stegmaier to review the process relative to exercise of
eminent domain and contact with property owners involved.
Mr. Elswick then made a motion, seconded by Mr. Holland, for
the Board to defer consideration of the exercise of eminent
domain for the acquisition of easements for the Grange Hall
Elementary School Offsite Waterline Extension Project until
June 27, 2012.
In response to Ms. Jaeckle's question, Mr. Covington stated
when installing utility lines it is conventional to install
outside the ultimate right-of-way. He further stated the
ultimate right-of-way lies 20 feet from the property line. He
stated if a waterline is installed within the right-of-way,
and Hull Street was widened, the county would incur the
expenses to relocate the line outside of construction. He
noted the water line was moved closer into the ultimate
right-of-way in an effort to reach resolution.
In response to Mr. Elswick's question regarding the proposed
easement, Mr. Covinington stated a corresponding offer was
made to represent a smaller dimension.
In response to Mr. Gecker's question, Mr. Harmon stated the
13-foot easement is adjacent to the existing right-of-way and
completely within the ultimate right-of-way. He further
stated the property owner could not build within the ultimate
right-of-way.
Mr. Gecker called for a vote on the motion of Mr. Elswick,
seconded by Mr. Holland, for the Board to defer consideration
of the exercise of eminent domain for the acquisition of
easements for the Grange Hall Elementary School Offsite
Waterline Extension Project until June 27, 2012.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
18.D. TO CONSIDER ACTIONS TO SUPPORT THE BUILD-A-HOUSE
PROGRAM
Mr. Mincks stated this date and time has been advertised for
a public hearing for the Board to consider actions to support
the Build-A-House Program.
Mr. Gecker called for public comment.
Mr. Robert Kent, Project Coordinator of the Chesterfield
Technical Center, expressed his appreciation to the Board for
their consideration of the proposed actions.
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No one else came forward to speak to the issue.
Mr. Holland expressed his appreciation to Mr. Kent and Ms.
Burcham for their outstanding efforts.
Mr. Holland then made a motion, seconded by Ms. Jaeckle, for
the Board to approve the following three real estate
transactions in support of the Build-A-House Program:
transfer of the property at 19300 Church Road to Chesterfield
Alternatives, Inc.; transfer of property at 5117 Cogbill Road
to Chesterfield Alternatives, Inc.; and entering into a lease
and purchase agreement with Chesterfield Alternatives, Inc.
for property at 3901 Dupuy Road.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
19. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
There were no remaining requests for manufactured home
permits or rezoning at this time.
20. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
21. ADJOURNMENT
On motion of Mr. Holland, seconded by Mr. Warren, the Board
adjourned at 8:21 p.m. until June 27, 2012 at 3:00 p.m.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
ames Steg ier Daniel A. Gecker
County Administrator Chairman
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