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12-18-2002 Minutes
BOARD OF SUPERVISORS MINUTES December 18, 2002 Supervisors in Attendances Mr. Kelly E. Miller, Chairman Mr. Arthur S. Warren, Vice Chrm. Mr. Edward B. Barber Mrs. Renny Bush Humphrey Mr. J. L. McHale, III Mr. Lane B. Ramsey County Administrator Staff in Attendances Mr. Skip Auld, Asst. Dir., Libraries Mr. George Braunstein, Exec. Dir., Community Services Board Mr Craig Bryant, Dir., Utilities Mr D. Joe Campbell, Dir., Juvenile Detention Home Mr N. E. Carmichael, Commissioner of Revenue Ms Jana Carter, Dir., Youth Services Ms Marilyn Cole, Asst. County Administrator Mr. Richard Cordle, Treasurer Ms Rebecca Dickson, Dir., Budget and Management Ms Debbie Dugger, Admin., Youth Group Home Ms Lisa Elko, Clerk Chief Stephen A. Elswick, Fire Department Mr. Dennis Farmer, Dir., Historical Society Ms. Karla Gerner, Dir., Human Resource Mgmt. Mr. Michael Golden, Dir., Parks and Recreation Mr. Bradford S. Hammer, Deputy Co. Admin., Human Services Mr. John W. Harmon, Right-of-Way Manager Mr. Russell Harris, Mgr. of Community Development Services Mr. Thomas E. Jacobson, Dir., Planning Ms. Kathryn Kitchen, Asst. Supt. of Schools for Business and Finance Mr. Louis Lassiter, Dir., Internal Audit Ms. Mary Lou Lyle, Dir., Accounting Mr. R. John McCracken, Dir., Transportation Lt. Col. Dennis McDonald, Police Department 02- 864 12/18/02 Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Steven L. Micas, County Attorney Mr. Glen Peterson, Dir., Community Diversion Incentive Program Mr. Francis Pitaro, Dir., General Services Mr. James J. L. Stegmaier, Deputy Co. Admin., Management Services Mr. M. D. Stith, Jr., Deputy C©. Admin., Community Development Sheriff Clarence Williams, Sheriff's Department Mr. Rick Witt, Asst. Dir., Bldg. Inspection Mr. Miller called the regularly scheduled meeting to order at 3:38 p.m. 1. APPROVAL OF MINUTES FOR NOVEMBER 26, 2002 On motion of Mr. McHale, seconded by Mr. Warren, the Board approved the minutes of November 26, 2002, as submitted. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 3. BOARD COMMITTEE REPORTS There were no Board committee reports at this time. REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHAN~ES IN TWm. ORDER OF PRESENTATION On motion of Mr. McHale, seconded by Mr. Warren, the Board added Item 8.D.l.e., Adoption of Resolution Recognizing the Dedication of Mimms Drive and Mi~s Loop; replaced Item 8.D.6., Approval of the Purchase of a Ten-Acre Civil War Site on Howlett Line; added Item 8.D.7.d., Acceptance of a Parcel of Land Along the East Right of Way Line of Qualla Road from Douglas R. Sowers and Susan S. Sowers; added Item 8.D.7.e., Acceptance of a Parcel of Land Along the West Right of Way Line of North Otterdale Road from Otterdale Park Associates, LLC; added Item 8.D.7.f., Acceptance of Two Parcels of Land for the Extension of North Otterdale Road from The Park at Salisbury, L.P.; and adopted the Agenda, as amended. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02- 865 12/18/02 5. RESOLUTIONS AND SPECIAL RECOGNITIONS 5.A. RECOGNIZING CHESTERFIELD COUNTY EMPLOYEES OF THE YEAR Ms. Cole introduced the 2002 Employees-of-the-Year, who were as follows: Name Sharyl Adams Donna Arrington Rita Belcher Bonnie Bowles Tracie Chambers Sharmeyne Cherry Ronnie Coleman Connie Detwiler Warren Edward Dunlevy Gregory Fulk Susan Garling Patricia Glover Lisa Hetzler Steven Jenkins Mary Johansen Carole J. Jones Jennifer Lassiter Anne R. Leedy Tasha Mason Beverly Minetree Sharon Mock Norman Sadler Amy Somervell Deborah Stone David L. Suda Robert Trimmer Department Youth Services Accounting Commissioner of the Revenue Purchasing Information Systems Technology Library General Services Risk Management Building Inspections Mental Health/Mental Retardation/Substance Abuse Real Estate Assessment Juvenile Probation Treasurer Utilities Emergency Communications Health Department Youth Group Home Juvenile Detention Home Internal Audit County Attorney Community Corrections Environmental Engineering Planning Budget and Management Police Fire and EMS 02- 866 Jennifer Wampler Matthew Wilkerson (represented by his wife) Traci Wright Mike Yeatts Parks and Recreation Sheriff's Office County Administration Human Resource Management Mr. Ramsey presented the' Employees-of-the-Year with a plaque recognizing them as their department's Employee-of-the-Year and expressed appreciation for' their leadership and dedication · Mr. Miller expressed appreciation, on behalf of the Board and the citizens, to each of the Employees-of-the-Year for their dedicated service. 5.B. RECO~NIZIN~ CAR~ER POLICE DETECTIVE WILLIAM R. EAGAR, POLICE DEPARTMENT, UPON HIS RETIREMENT Lieutenant Colonel McDon~ld introduced Mr. William Eagar who was present to receive t~.e resolution· On motion of the Board, ~he following resolution was adopted: WHEREAS, Career Poliice Detective William R. Eagar will retire from the Cheste: January 1, 2003, after service to the citizens WHEREAS, Detective county in the capacit Investigator, Detective, and Career Detective; an( WHEREAS, Detective of the year for 1997; an( WHEREAS, Detective Commendation for his in~ resolution of more thl Richmond area; and 'field COunty Police Department on providing over 29 years of quality .f Chesterfield County; and Eagar has faithfully served the y of Dispatcher, Patrol Officer, Senior Detective, Master Detective, ~agar was selected as police Officer Eagar was given an Award of ~estigative skills in the successful ~n fifty burglaries in the Metro WHEREAS, Detective IEagar has received numerous letters of thanks and appreciation for the assistance rendered and the courteous and professional manner in which investigations were handled; and / WHEREAS, Detective IEagar has provided the Chesterfield County Police Department with many years of loyal and dedicated service, and Chesterfield County and the Board of Supervisors will miss Detective Eagar's diligent service. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 18th day of December 2002, publicly recognizes Career Police ]Detective William R. Eagar, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. 02- 867 12/18/02 AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Detective Eagar, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Mr. Miller presented the executed resolution and a Jefferson Cup to Mr. Eagar, expressed appreciation for his many contributions to the county, and wished him well in his retirement. Mr. Eagar expressed appreciation to the Board for the recognition and stated that he has enjoyed working for the county. 5.C. RECO~NIZINO LIEUTENANT D. COURTNEY GRIFFIN, POLICE DEPARTMENT, UPON HiS RETIREMENT Lieutenant Colonel McDonald introduced Mr. Courtney Griffin who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Lieutenant D. Courtney Griffin will retire from the Chesterfield County Police Department on January 1, 2003 after providing over 27 years of quality service to the citizens of Chesterfield County; and WHEREAS, Lieutenant Griffin has faithfully served the county in the capacity of Patrol Officer, Investigator, Sergeant, and Lieutenant; and WHEREAS, Lieutenant Griffin's law enforcement career began in 1970, as a patrolman with the Petersburg Police Department, where he obtained the rank of Sergeant and received the Purple Heart and Combat Cross for Valor before beginning employment with the Chesterfield County Police Department; and WHEREAS, throughout his police career, Lieutenant Griffin has served as a member of the Army Reserve, where he rose to the highest enlisted rank, Command Sergeant Major, and upon retirement from the reserve on August 2, 2002, received the Legion of Merit retirement award; and WHEREAS, Lieutenant Griffin was the founding member of the Special Weapons and Tactics Team (SWAT) in 1976, serving on the team from 1976 through 1987, and as Assistant Team Leader from 1984 through 1987; and WHEREAS, Lieutenant Griffin was the founding member and Charter Vice President of the Fraternal Order of Police Lodge #47; and WHEREAS, Lieutenant Griffin formed the Fugitive Unit and initiated the department's Ten Most Wanted List, and on three separate occasions in his police career, faced armed assailants who had wounded police officers; and 02- 868 12/18/02 WHEREAS, Lieutenant Griffin has received the Chesterfield County Police Department's Police Star, Purple Heart and Combat Ribbon as a result of his actions on May 22, 1987, while assisting the Petersburg Police Department, when he was shot and the bullet struck his Kevlar vest, causing serious, but non-life threatening injuries; and WHEREAS, Lieutenant iGriffin was the first member of the Chesterfield County Police Department to be inducted into the International Association of Chiefs of Police DuPont Kevlar Survivors Club; and . WHEREAS, Lieutenant Griffin has received numerous letters of thanks and applreciation for assistance rendered in all types of situations; and WHEREAS, Lieutenant Griffin has provided the Chesterfield County Police Department with many years of loyal and dedicated service, and Chesterfield County and the Board of Supervisors will miss Lieutenant Griffin's diligent service. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of SupervisOrs, this 18th day of December 2002, publicly recognizes LieUtenant D. Courtney Griffin, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county, congratulations Upon his retirement, and best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Lieutenant Griffin, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Mr. Miller, accompaniedi by Mrs. Humphrey, presented the executed resolution andI a Jefferson Cup to Mr. Griffin, expressed appreciation for his many contributions to the county, and wished him w~ll in his retirement. Mrs. Humphrey also expressed appreciation to Mr. Griffin for his dedicated service, i Mr. Griffin expressed appreciation to the Board for the recognition. RECOGNIZING CA~RRRiPOLiCE OFFICER JAMES B. "JIM" HENRY, JR., POLICE DEPARTMENT, UPON HIS RETIREMENT Lieutenant Colonel McDonald introduced Mr. Jim Henry who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Career Police Officer James B. "Jim" Henry, Jr. will retire from the Chesterfield County Police Department on January 1, 2003 after providing over 26 years of quality service to the citizens of Chesterfield County; and 02- 869 12/18/02 WHEREAS, Officer Henry has faithfully served the county in the capacity of Sheriff's Deputy, Patrol Officer, Investigator, DARE Officer, Crime Prevention Officer, Senior Officer, Master Officer, and Career Officer; and WHEREAS, Officer Henry served as an Evidence Technician whereby he responded to crime scenes, took photographs, and recovered evidence connected to crimes; and WHEREAS, Officer Henry was one of the original members of the Chesterfield Police SWAT Team, formed in 1976, and participated in the creation of the first Anti-Crime Task Force of the Chesterfield County Police Department; and WHEREAS, Officer Henry received an Award of Commendation for his observation skills and diligence while stopping a suspicious vehicle, his actions resulting in eighteen arrests and the clearance of five breaking and entering cases in Chesterfield and other jurisdictions in the Metro Richmond area; and WHEREAS, Officer Henry piloted the first School Resource Officer Program in the Chesterfield County Schools; and WHEREAS, Officer Henry has received numerous letters of thanks and appreciation for the assistance in many situations; and WHEREAS, Officer Henry has provided the Chesterfield County Police Department with many years of loyal and dedicated service, and Chesterfield County and the Board of Supervisors will miss his diligent service. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 18th day of December 2002, publicly recognizes Career Police Officer James B. ~Jim# Henry, Jr., and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Officer Henry, and that this Resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Mr. Miller presented the executed resolution and a Jefferson Cup to Mr. Henry, accompanied by his wife, expressed appreciation for his many contributions to the county, and wished him well in his retirement. Mr. Henry expressed appreciation to the Board for recognition. the ~0UNTY ADMINISTRATOR'S COM~..~Ts Mr. Ramsey stated that the Budget and Audit Committee met on December 13, 2002 with representatives from KPMG, LLP, the county's independent auditors, to review the 02- 870 12/18/02 o FY02 Comprehensive Annual Financial Report. He further stated that each Board member has been presented a copy of the report. He then introduced Ms. Elizabeth Foster, engagement partner with KPMG, LLP. Ms. Foster stated that the audit is officially complete and all areas received unqualified opinions. She further stated that,i despite the new standards required for financial statements this year, Chesterfield County completed its report in a very timely manner. Mr. Warren recognized several Accounting Department staff members who were present at the meeting and commended their efforts in the auditing process. He also expressed appreciation to Mr. McHale for his expertise on the Budget and Audit Corf~ftittee. Mr. Ramsey introduced Ms. Jennifer Holdorff, Program Coordinator for the Muscular Dystrophy Association (MDA) . Ms. Holdorff presented plaques, on behalf of the MDA, to Chief Elswick and Lieutenant Pete Svoboda, accompanied by Firefighter Mark Vaeth, and commended the Fire and EMS Department for raising $39,433 in the 2002 MDA ~Fill-the-Boot" campaign. She stated that firefighters are heroes to the community every day. Mr. Ramsey co~f~ended the Utilities Department upon receiving the United States Environmental Protection Agency's National Industrial Waste Pretreatment Award. He stated that the award recognizes exceptional efforts in working with industrial discharges in the county to protect the environment. Mr. Roy Covington,~ Assistant Director of Utilities, stated that the county's industrial waste program has been very successful. He recognized four staff members essential to the ipro~ram w~o were present at the meeting. Mr. McHale stated that businesses recognize and appreciate that the county's industrial waste program focuses on compliance rather than enforcement. Mr. Ramsey stated that Ms. Janice Blakley, Deputy Clerk to the Board of Supervisors, recently earned the designation of Certified Municipal Clerk from the International Institute of Municipal Clerks. He further stated that this is the first time in the county's history that both the Clerk and Deputy Clerk have been certified. Mr. Ramsey introduCed Mr. Kirby Brooks to update the Board relative to changes due to the recent merger of Comcast/AT&T. Mr. Brooks stated that Comcast announced plans last week to reopen a call center at the AT&T facility on Staples Mill Road that would serve the Richmond metropolitan area, indicating that customer service will not leave the area. He further stated that the call center will be a 24-7 operation, and he anticipates the Chesterfield 02- 8'71 12/18/02 call center will be consolidated with the Staples Mill facility in late spring of 2003. He stated that a major technology investment will be provided at the center to improve both the quality and speed of telephone responses. He further stated that the Iron Bridge facility will continue to be a walk-in payment center as well as a technical center, and noted that there should be no net loss of jobs in Chesterfield County and all of the Chesterfield call center employees will be offered jobs at the Staples Mill facility. Mr. Miller thanked Mr. Brooks for addressing the Board's concerns. 6. WORK SESSIONS There were no work sessions at this time. 7. DEFERRED ITEMS 0 TO CONSIDER A ZONING ORDINANCE AMENDMENT RELATIVE TO MOTOR VEHICLE SALES, SERVICES AND REPAIR IN A C-3 ZONING DISTRICT Mr. William Poole, Assistant Director of Planning, stated that Board members requested, during the November 13, 2002 public hearing relative to motor vehicle sales, services and repair in a C-3 zoning district, that staff prepare maps showing C-3 zoning in their respective districts. He further stated that both staff and the Planning Commission recommend approval of the ordinance amendment which would allow major engine and transmission repair with some additional restrictions and would prohibit the sales, service and repair of heavy commercial and construction equipment in C-3 districts. Mr. Barber stated that he requested the deferral because of concerns with currently zoned C-3 properties in village areas. He provided Board members with a modification to the proposed ordinance amendment to exclude automobile dealerships with engine and transmission repair within planned village areas in C-3 districts, but allow them in other C-3 zoned areas. He requested that the Board remand the ordinance amendment, including the proposed modification, to the Planning Commission for a public hearing, and set a public hearing date for the Board to consider the modified ordinance amendment on January 22, 2003. Discussion ensued relative to protection of village areas. When asked, Mr. Poole stated the only automobile dealerships in the Dale District are located on the eastern end of Route 360, and no heavy commercial equipment sales businesses have been located by staff in the Dale District. Mrs. Humphrey stated that she will support remanding the ordinance with the modification suggested by Mr. Barber to the Planning Commission, but expressed concerns that 30 days would not allow her enough time to hold a community meeting relative to the issue. 02- 872 12/18/02 Mr. Barber stated that the modification does not take away the Board's right to grant the use of automobile sales within planned village areas in C-3 districts through the conditional use process, but does not allow it by right in the future. Mrs. Humphrey stated that she will correspond with the Ettrick Business Council regarding Mr. Barber's proposed modification, and indicated that she supports remanding it to the Planning Commission. On motion of Mr. Barber, seconded by Mr. McHale, the Board remanded the ordinance amendment, including the proposed modification restricting motor vehicle sales in designated village areas in C-3 districts, to the Planning Commission, and directed the Commission to hold a public hearing on January 21, 2003 to consider the modified ordinance amendment. And, further, the Board set the date of January 22, 2003 to consider the modified ordinance amendment. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8. NEW BUSINESS 8.A. CONSIDERATION OF ELIMINATING BACKGROUND CHECKS FOR MASSAGE THERAPISTS Mr. Ramsey stated that on September 26, 2001, the Board approved revisions to the county's massage ordinance including allowing cross-gender massages. He further stated that the ordinance requi!res a criminal background check by the Police Department for massage tlherapists every two years. He stated that massage industry representatives opposed the background check requirement and the Board agreed to reconsider the background check requirement after a year of experience with the new ordinance. He further stated that since September 1, 2002, iof the 57 applications for licensure as a massage therapist processed by the Police Department - 47 were approved; four were denied; two withdrew; and four are pending. He stated that representatives of the massage therapy industry support eliminating the background checks, but staff does not support elimination of the background check requirement and indicated that if the Board desires to eliminate the background check requirement, a public hearing should be scheduled to consider amending the massage ordinance. Mr. Barber stated that ihe would be willing to schedule a public hearing to consider the issue. Mr. Miller stated that he does not feel comfortable going against the recommendation of the Chief of Police and would prefer to maintain background checks for massage therapists. Mrs. Humphrey stated that she supports Mr. Miller's position. No action was taken by the Board at this time. 02- 873 12/18/02 8.B. STREETLIGHT INSTALLATION APPROVALS On motion of Mr. Miller, seconded by Mr. McHale, approved the following streetlight installations: Dale District * Meadow Oaks Subdivision, at the intersection of Dalebrook Drive and Meadow Oaks Boulevard Cost to install streetlight: $1,790.71 * Meadow Creek Subdivision, at the intersection of Oregon Creek Drive and Rolling Oaks Court Cost to install streetlight: $886.35 * Meadow Creek Subdivision, Rolling Oaks Court, Vicinity of 3118 Cost to install streetlight: $131.60 Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. the Board 8. C. APPOINTMENTS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board suspended its rules at this time to allow simultaneous nomination/appointment/reappointment of members to serve on the Disability Services Board, Appomattox River Water Authority, Central Virginia Waste Management Authority, Personnel Appeals Board, Chesterfield Community Services Board, and Solid Waste Advisory Committee. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.1. DISABILITY SERVICES BOARD On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board simultaneously nominated/appointed/reappointed Ms. Joyce Sanders, representing the Clover Hill District; Ms. Melanie Green, representing the Dale District; and Ms. Susan Watts, representing the Matoaca District, to serve on the Disability Services Board, whose terms are effective January 1, 2003 and expire December 31, 2005. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.2. APPOMATTOX RIVER WATER AUTHORITY On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board simultaneously nominated/reappointed Mr. Lane Ramsey and Mr. Craig Bryant (alternate) to serve on the Appomattox River Water Authority, whose terms are effective January 1, 2003 and expire December 31, 2003. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02- 874 12/18/02 8.C.3. CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board simultaneously nominated/reappointed Ms. Marcia Phillips, at- large member, and Mr. Charles Dane, alternate member, to serve on the Central Virginia Waste Management Authority, whose terms are effective January 1, 2003 and expire December 31, 2006. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.4. PERSONNEL APPEALS BOARD On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board simultaneously nominated/appointed Mr. John Grohusky, at- large member, to serve on the Personnel Appeals Board, whose term is effective January 1, 2003 and expires December 31, 2005. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.5. CHESTERFIELD COMMUNITY SERVICES BOARD On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board simultaneously nominated/reappointed Mr. C. Richard Scales, representing the Clover Hill District; Ms. Frances Hayes Brown, at-large member; and Mr. Dean A. Lynch, at-large member, to serve on the Chesterfield Cor~Lunity Services Board, whose terms are effective January 1, 2003 and expire December 31, 2005. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.C.6. SOLID WASTE ADVISORY COMMITTEE On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board simultaneously nominated/appointed/reappointed the following people to serve on the Solid Waste Advisory Committee, whose terms are effective January 1, 2003: Name District Term Expiration Mr. Michael Murphy Mr. Ray McGowan Ms. Marie Trainham Mr. Arthur Rubin Mr. James Kalanges Mrs. Terry Byers Mr. William Parrish Mr. Donald Armstrong Ms. Dona Link Mr. Richard Nunnally Midlothian Midlothian Clover Hill Dale Bermuda Bermuda Matoaca Matoaca At-large At-large 12/31/2004 12/31/2006 12/31/2006 12/31/2004 12/31/2006 12/31/2004 12/31/2006 12/31/2004 12/31/2006 12/31/2004 Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02- 8'75 12/18/02 8.D. CONSENT iTEMS 8.D.1. ADOPTION OF RESOLUTIONS 8.D.l.a. RECOGNIZING MR. ALAN W. KIRBY, UTILITIES DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, Mr. Alan W. Kirby will retire from Chesterfield County's Department of Utilities on January 1, 2003; and WHEREAS, Mr. Kirby began his public service with Chesterfield County on January 7, 1969, as a Meter Reader for the Department of Utilities; and WHEREAS, in recognition of his dedication, skills and exceptional job performance, Mr. Kirby, throughout the course of his career, has received several promotions and certificates of recognition for teamwork and customer service; and WHEREAS, in recognition of his unique aptitude and ability related to reading water meters and executing service orders, volunteering for additional duties, and working many hours of overtime, Mr. Kirby was promoted to Senior Meter Reader in the Field Services Section of the Utilities Department, and has diligently served in that capacity since March 31,1980; and WHEREAS, Mr. Kirby has exhibited pride and quality in the work he has performed at the Utilities Department; and WHEREAS, Mr. Kirby willingly served customers in the most courteous and professional manner during his employment with the Utilities Department; and WHEREAS, Mr. Kirby has assisted in the training and development of new employees in the Field Services Section because of his significant knowledge and skills. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 18th day of December 2002, recognizes Mr. Alan W. Kirby and extends on behalf of its members and the citizens of Chesterfield County their appreciation for his thirty-four years of service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.D.l.b. RECOGNIZING MR. GARNET K. SARVER, ENVIRONMENTAL ENGINEERING, UPON HIS RETIREMENT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, Mr. Garnet K. Sarver began his public service with the county as an Engineer in November 1983, and has provided the Chesterfield County Environmental Engineering 02- 876 12/18/02 Department with 19 years of loyal and dedicated service consistently exemplifying the qualities of professionalism, trust, commitment, integrity, honor, humility, and teamwork in the performance of his duties; and WHEREAS, of that service, Mr. Sarver served nine years as the Principal Engineer in charge of the site-plan process skillfully providing exceptional, comprehensive, site-plan reviews that sent a "can do" message to the development community; and WHEREAS, during the course of his career with the county, Mr. Sarver was an integral part of the team effort to continuously improve thei site-plan process serving to reduce cost and cycle times of Chesterfield's approval of new construction; and WHEREAS, the sit,e-plan process enhancements and improvements developed !by the site-plan team with major contributions from Mr. Sarver significantly contributed to Chesterfield County being selected for the highly coveted and prestigious SPQA and ACEiAwards; and WHEREAS, Mr. Sarveri was a men~er of the original four- man team that developed the County's Fast Track Process recognized by Governors Allen and Gilmore as the Commonwealth's local jurisdictional benchmark process for the expedited review and approval for Economic Development, and actively participated in the team that formulated the engineering requirements for compliance with Chesterfield County's Chesapeake Bay Preservation Ordinance; and WHEREAS, Mr. Sarver has consistently utilized his formidable hydrologic and hydraulic knowledge in creative ways to facilitate the i development of projects that have provided a substantial increase to the county's tax base; and WHEREAS, even with strict plan-review deadlines, Mr. Sarver has always demonstrated sincere willingness to assist the construction inspectors by meeting them onsite to give guidance when needed; and WHEREAS, Mr. Sarver enjoys the respect of his peers and is often consulted by local engineering professionals seeking advice regarding complex drainage designs; and WHEREAS, Mr. Sarver has worked tirelessly to offer uncompromising customer service to the engineering, contracting, and development communities; and WHEREAS, Mr. Sarverl not only shares the belief in, but sets a shining example !for, the adherence to the highest ethical standards in, the Environmental Engineering Department; and WHEREAS, the Environmental Engineering Department and Chesterfield County will miss Mr. Sarver's diligent service. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 18th day of December 2002, recognizes Mr. Garnet K. Sarver, expresses the appreciation of all residents for his contributions to the county, and extends appreciation for his dedicated service, 02- 877 12/18/02 congratulations upon his retirement, as well as best wishes for a long and happy retirement. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8 .D.i.c. RECOGNIZING MR. THOMAS A. BERKLEY III, ENVIRONMENTAL ENGINEERINg, UPON HIS RETIREMENT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, Mr. Thomas A. Berkley III began his public service with Chesterfield County as a Street Sign Technician with the Environmental Engineering Department in September 1981; and WHEREAS, Mr. Berkley fabricated and installed street- name signs and reinstalled stop signs at street intersections throughout the county; and WHEREAS, Mr. Berkley fabricated and installed metal specialty signs for county departments over the length of his career; and WHEREAS, Mr. Berkley would annually cut and fabricate address numbers for the Fire Department to assist in better rural house identification; and WHEREAS, Mr. Berkley oversaw the relocation and upgrading of the Street Sign Section from its original location under the old stadium to its present location on Public Works Court without interruption to citizen service; and WHEREAS, Mr. Berkley was instrumental in the assessment and acquisition of the new street-sign installation vehicle ensuring that national safety standards were met; and WHEREAS, Mr. Berkley was extremely active in his own community as a member of the Amelia County Volunteer Fire Department for the past 12 years; and WHEREAS, Mr. Berkley was named Amelia County Firefighter of the Year in 1992; and WHEREAS, Mr. Berkley was also active in the Amelia County Volunteer Rescue Squad for the past 10 years achieving certification as an EMT; and WHEREAS, Mr. Berkley was named Amelia Volunteer Rescue Squad Member of the Year in 1996. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 18th day of December 2002, recognizes Mr. Thomas A. Berkley III, expresses the appreciation of all residents for his contributions to the county, and extends appreciation for his dedicated service, congratulations upon his retirement, as well as best wishes for a long and happy retirement. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. O2- 878 12/18/02 8.D.l.d. RECOGNIZING SERGEANT ROBERT M. ~MAURY" ROBINSON, POLICE DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, Sergeant RObert M. ~Maury" Robinson will retire from the Chesterfield CoUnty Police Department on January 1, 2003 after providing over 25 years of quality service to the citizens of ChesterfieldiCounty; and WHEREAS, Sergeant Robinson has faithfully served the county in the capacity of Dispatcher, Patrol Officer, Investigator, and Sergeant; and WHEREAS, Sergeant Robinson served as one of the first Street Evidence Techniciians, and as one of the first Field Training Officers; and WHEREAS, Sergeant Robinson was one of the eight original team members of the Hostage Negotiation Team established in 1983; and : WHEREAS, Sergeant l Robinson received an Award of Commendation for excellent leadership and command skill demonstrated as leader of a Larceny from Vehicle Task Force, which resulted in 85 arrests and recovery of more that $30,000 worth of stolen property; and WHEREAS, Sergeant Robinson received the 1995 Mason T. Chalkley Award for Excellence; and WHEREAS, Sergeant RObinson has received numerous letters of thanks and appreciation for assistance rendered in all types of situations; and. WHEREAS, Sergeant RObinson has provided the Chesterfield County Police Department with many years of loyal and dedicated service, and Chesterfield County and the Board of Supervisors will his diligent service. NOW, THEREFORE BE liT RESOLVED, that the Chesterfield County Board of SupervisOrs, this 18th day of December 2002, recognizes Sergeant Robert M. "Maury" Robinson, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.D.l.e. RECOGNIZING THE DEDICATION OF MIMMS DRIVE AND MIMMS LOOP On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: 02- 879 12/18/02 WHEREAS, Chesterfield County government is committed to making local government services accessible to our residents and visitors; and WHEREAS, well-designed government complex are an commitment; and roads in and around the important aspect of that WHEREAS, on December 17, 2002, Mimms Drive and Mimms Loop will be dedicated as newly-designed roadways that will facilitate doing business with Chesterfield County government; and WHEREAS, these roadways are named for Mr. Cornelius Mimms, a prominent African-American attorney who was a highly respected resident of the county during the early 1930s; and WHEREAS; Mr. Mimms served as a supervisor of roads and as supervisor of the poor; and WHEREAS, Mr. Mimms' service brought honor distinction to Chesterfield County during the 1930s; and and WHEREAS, it is fitting to mark his service by so naming these roadways. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the contributions of Mr. Cornelius Mimms to Chesterfield County's illustrious history, and commemorates his service by recognizing Mimms Drive and Mimms Loop as new roadways in the county government complex. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.D.2. STATE ROAD ACCEPTANCE On motion of Mr. McHale, seconded by Mrs. Humphrey, 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 § 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. 02- 880 12/18/02 AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Ty~e Change to the Secondary System of State Highways: Basis for Change: Statutory Reference: Project: From: To: Addition, New subdivision street §33.1-229 Cavan ~ Longmeadow McCabe Court, State Route Number: 4694 McCabe Dr., (Rt. 4693) Cul-de-sac, a distance of: 0.06 miles. ,Addition Right-of-way record was filed on 7/1/1999 with the Office Of Clerk To Circuit Court in Pb. 105; Pg. 63, with a width of 50 Ft. McCabe Drive, State Route Number: 4693 Longmeadow BI., (Rt. 5130) From: McCabe Ct., (Rt. 4694), a diStance of: 0.07 miles. To: Right-of-way record was filed on 7/1/1999 with the Office Of Clerk To Circuit Court in Pb. 105; Pg. 63, with McCabe Drive, State Route Number: 4693 a width of 50 Ft. From: McCabe Ct., (Rt. 4694) 0.04 Mi. E of McCabe Ct., (Rt. 4694), a distance of: 0.04 miles. To: Right-of-way record was filed on 7/1/1999 with the Office Of Clerk To Circuit Court in Pb. 105; Pg. 63, with a width of 50 Ft. And, further, the Board adopted the following resolution: WHEREAS, the streets described[ below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements oif the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to § 33.1-2~9, 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. 02- 881 12/18/02 Basis for Change: Statutory Reference: Project: From: To: Type Change to the Sec0ndarv System of State Hic~hwavs: Addition, New subdivision street §33.1-229 Kentwood Forest, Sec. 1 Kentwood Forest Court, State Route Number: 5117 Kentwood Forest Dr., (Rt. 5116) Cul-de-sac, a distance of: 0.09 miles. Additlpn Right-of-way record was filed on 9/30/1996 with the Office Of Clerk To Circuit Court in Pb. 92; Pg. 4, with a width of 50 Ft. ® Kentwood Forest Drive, State Route Number: 5116 From: Longmeadow Cr., (Rt. 5131) To: Kentwood Forest Ct., (Rt. 5117), a distance of: 0.11 miles. Right-of-way record was filed on 9/30/1996 with the Office Of Clerk To Circuit Court in Pb. 92; Pg. 4, with a width of 50 Ft. · Kentwood Forest Drive, State Route Number: 5116 From: Kentwood Forest Ct., (Rt. 5117) To: Kentwood Forest PI., (Rt. 5118), a distance of: 0.05 miles. Right-of-way record was filed on 9/30/1996 with the Office Of Clerk To Circuit Court in Pb. 92; Pg. 4, with a width of 50 Ft. · Kentwood Forest Drive, State Route Number: 5116 From: Kentwood Forest PI., (Rt. 5118) To: 0.01 Mi. E of Kentwood Forest PI., (Rt. 5118), a distance of: 0.01 miles. Right-of-way record was filed on 9/30/1996 with the Office Of Clerk To Circuit Court in Pb. 92; Pg. 4, with a width of 50 Ft. · Kentwood Forest Place, State Route Number: 5118 From: Kentwood Forest Dr., (Rt. 5116) To: Cul-de-sac, a distance of: 0.03 miles. Right-of-way record was filed on 9/30/1996 with the Office Of Clerk To Circuit Court in Pb. 92; Pg. 4, with a width of 50 Ft. · Longmeadow Circle, State Route Number: 5131 From: 0.07 Mi. E of Lyndhurst Dr., (Rt. 5137) To: Kentwood Forest Dr., (Rt. 5116), a distance cf: 0.07 miles. Right-of-way record was filed on 9/30/1996 with the Office Of Clerk To Circuit Court in Pb. 92; Pg. 4, with a width of 60 Ft. Longmeadow Circle, State Route Number: 5131 Kentwood Forest Dr., (Rt. 5116) 0.08 Mi. NE of Kentwood Forest Dr., (Rt. 5116), a distance of: 0.08 miles. · From: To: 02- 882 12/18/02 Right-of-way record was filed on 9/30/1996 with tl~e Office Of Clerk To Circuit Court in Pb. 92; Pg. 4, with a width ~ ~ Ft. And, further, the Board WHEREAS, the street recorded in the Clerk' Chesterfield County; and WHEREAS, the Res: Department of Transport streets meet the require Street Requirements Transportation. NOW, THEREFORE BE I the Virginia Department described below to the pursuant to § 33.1-2 Department's Subdivision AND, BE IT FURTHER a clear and unrestricted necessary easements for AND, BE IT FURTHER this resolution be forwa] Virginia Department of T~ Type Change to the Secondary System of Statl Basis for Change: Addition, New sc Statutory Reference: §33.1-229 Project: Kentwood Forest, Section 2 · Kentwood Forest Drive, State R From: 0.01 Mi. E of Kentwood Fore To: Knobbly Ct., (Rt. 5119), a dt= Right-of-way record was filed on 6/26/1998 with th with a width of 50 Ft. · Kentwood Forest Drive, State R From: Knobbly Ct., (Rt. 5119) To: Cul-de-sac, a distance of: 0. Right-of-way record was filed on 6/26/1998 with ti' with a width of 50 Ft. From: To: Ldopted the following resolution: described below are shown on plats Office of the Circuit Court of .dent Engineer for the Virginia ation has advised this Board the ments established by the Subdivision f the Virginia Department of RESOLVED, that this Board requests Df Transportation to add the streets secondary system of state highways, 29, Code of Virginia, and the Street Requirement s. RESOLVED, that this Board guarantees right-of-way, as described, and any '.uts, fills, and drainage. RESOLVED, that a certified copy of ;ded to the Resident Engineer for the · ansportati on. ! Highways: Addition <livislon street ute Number: 5116 st PI., (Rt. 5118) ~tance of: 0.12 miles. Office Of Clerk To Circuit Court in Pb. 99; Pg. 25, ute Number: 5116 )3 miles. Office Of Clerk To Circuit Court in Pb. 99; Pg. 25, Knobbly Court, State Route Nut ~ber: 5119 Kentwood Forest Dr., ( Rt. 5316) Cul-de-sac, a distance of: 0.15 miles. Right-of-way record was filed on 6/26/1998 with the Office Of Clerk To Circuit Court in Pb. 99; Pg. 25, with a width of 50 Ft. 02- 883 12/18/02 And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia DePartment of Transportation to add the streets described below to the secondary system of state highways, pursuant to § 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. Type Chan~le to the Secondary System qf ~tate Hiahwavs: Additlqn Basis for Change: Statutory Reference: Project: From: To: Addition, New subdivision street §33.1-229 Kentwood Forest, Section 3 Exhall Court, State Route Number: 4698 Exhall Dr., (Rt. 4697) Cul-de-sac, a distance of: 0.15 miles. Right-of-way record was filed on 7/1/1999 with the Office Of Clerk To Cimuit Court in Pb. 105; Pg. 65, with a width of 50 Ft. · Exhall Drive, State Route Number: 4697 From: Longmeadow Cr., (Rt. 5131) To: Exhall Ct., ( Rt. 4698), a distance of: 0.14 miles. Right-of-way record was filed on 7/1/1999 with the Office Of Clerk To Cimuit Court in Pb. 105; Pg. 65, with a width of 50 Ft. · Exhall Drive, State Route Number: 4697 From: Exhall Ct., (Rt. 4698) To: Kentwood Forest Dr., (Rt. 5116), a distance of: 0.09 miles. Right-of-way record was filed on 7/1/1999 with the Office Of Clerk To Circuit Court in Pb. 105; Pg. 65, with a width of 50 Ft. And, further, the Board adopted the following resolution: 02- 88& 12/18/02 WHEREAS, the street~ recorded in the Clerk' Chesterfield County; and WHEREAS, the ResJ Department of Transport streets meet the recfuire~ Street Requirements Transportation. NOW, THEREFORE BE the Virginia Department described below are shown on plats Office of the Circuit Court of .dent Engineer for the Virginia ation has advised this Board the nents estalblished by the Subdivision ,f the Virginia Department of RESOLVED, that this Board requests f Transportation to add the streets described below to the ~econdary system of state highways, pursuant to § 33.1-229, Code of Virginia, and the Department's Subdivision AND, BE IT FURTHER a clear and unrestricted necessary easements for c Street Requirements. KESOLVED, that this Board guarantees right-of-way, as described, and any uts, fills and drainage. AND, BE IT FURTHER! RESOLVED, that a certified this resolution be forwa[ded to the Resident Engineer Virginia Department of T~ansportation. Tvoe ChanGe tP the Secondaw S~tem of S~te Highway: Addition Basis ~r Change: Addition, New au! )division street S~tu~w Reference: §33.1229 Project: From: To: Lyndhurst, Section 2 Lyndhurst Drive, State Route Nu 0.03 Mi. S of Lyndhurst Ct., Lyndhurst PI., (Rt. 5377), mber: 5137 5138) ~tance of: 0.03 miles. copy of for the Right-of-way record was filed on 12/22/1999 with the Office Of Clerk To Circuit Court in Pb. 108; Pg. 76, with a width of 50 Ft. ® Lyndhurat Drive, State Route Number: 5137 From: Lyndhurst PI., (Rt. 5377) To: Cul-de-sac, a distance of: 0.08 miles. Right-of-way record was filed on 12/22/1999 with the Office Of Clerk To Circuit Court in Pb. 108; Pg. 76, with a width of 50 Ft. · Lyndhurst Place, State Route NL From: Lyndhurst Dr., (Rt. 5137) To: Cul-de-sac, a distance of: 0.C Right-of-way record was filed on 12/22/1999 with with a width of 50 Ft. mber: 5377 miles. Office Of Clerk To Circuit Court in Pb. 108; Pg. 76, And, further, the Board aidopted 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 02- 885 12/18/02 WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to § 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Type Change to the Secondary System of State Hiohwavs: Addltlgn Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Deer Run, Section 12 Decldely Lane, State Route Number: 4998 From: Chateaugay Ln., (Rt. 4994) To: Cul-de-sac, a distance of: 0.04 miles. Right-of-way record was filed on 8/31/2002 with the Office Of Clerk To Circuit Court in Pb. 120; Pg. 27, with a width of 40 Ft. Lucky Debonair Lane, State Route Number: 4986 From: Chateaugay Ln., ( Rt. 4994) To: Cul-de-sac, a distance of: 0.05 miles. Right-of-way record was filed on 8/31/2002 with the Office Of Clerk To Circuit Court in Pb. 120; Pg. 27, with a width of 40 Ft. And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to § 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. 02- 886 12/18/02 AND, BE IT FURTHER i a clear and unrestricted ri~ht-of-way, as described, necessary easements for cuts, fills and drainage. AND, BE IT FURTHER/ RESOLVED, that a certified this resolution be forwarded to the Resident Engineer , Virginia Department of T~ansportatlon. ~ESOLVED, that this Board guarantees and any copy of for the TyPe Chanae to the Secondary Svstem of State Basis for Change: Addition, New sul Statutory Reference: §33.1-229 Project: From: To: Right-of-way record was filed on 1/22/2002 with with a width of 40 Ft. · Chlckamauga Drive, State Route From: Kingsland Creek Dr., (Rt. 54Z To: 0.01 Mi. N of Kingsland Creel Right-of-way record was filed on t/22/2002 with with a width of 40 Ft. · Klngsland Creek Court, State Ro From: Highways: Addition )division street Klngsland Glen Drive and Klngsland Glen, Section Chlckamauga Court, State Rout~ Number: 5449 Kingsland Creek Dr., (Rt. 54~6) distance of: 0.03 miles. Cul-de-sac, , Office Of Clerk To Cimuit Court in Pb. 123; Pg. 44, Number: 5465 Dr., (Rt. 5446), a distance of: 0.01 miles. . Office Of Clerk To Cimuit Court in Pb. 123; Pg. 44, ute Number: 5447 King$1and Creek Dr., ( Rt. 54~ ~6) To: Cul-de-sac, a distance of: 0.i3 miles. Right-of-way record was filed on 1/22/2002 with th~ Office Of Clerk To Circuit Court in Pb. 123; Pg. 44, with a width of 40 Ft. · Kingsland Creek Drive, State RoUte Number: 5446 From: Kingsland Glen Dr., (Rt. 544~ To: Intersection of Kingsland Cre ~k Ct., (Rt. 5447) & Kingsland Creek Ln., (Rt. 5448), a distance of: 0.04 miles. Right-of-way record was filed on 1/22/2002 with thE. Office of Clerk To Circuit Court in Pb. 123; Pg. 44, with a width of 44 Ft. · From: To: Kingsland Creek Drive, State Ro Intersection of Kingsland Cre Intersection of Chickamauga Ate Number: 5446 9k Ct., ( Rt. 5447) & Kingsland Creek Ln., ( Rt. 5448) Ct., ( Rt 5449) & Chickamauga Dr., ( Rt. 5465), a distance of: 0.08 miles. Right-of-way record was filed on 1/22/2002 with the Office of Clerk To Circuit Court in Pb. 123; Pg. 44, with a width of 40 Ft. · Klngsland Creek Drive, State RoUte Number: 5446 From: Intersection of Ch ckamauga Ct., (Rt. 5449) & Chickamauga Dr., (Rt. 5465) 02- 887 12/18/02 To: Cul-de-sac, a distance of: 0.03 miles. Right-of-way record was filed on 1/22/2002 with the Office Of Clerk To Circuit Court in Pb. 123; Pg. 44, with a width of 40 Ft. · Kingeland Creek Lane, State Route Number: 5448 From: Kingsland Creek Dr., (Rt. 5446) To: 0.08 Mi. S of Kingslsnd Creek Dr., (Rt. 5446), a distance of: 0.08 miles. Right-of-way record was filed on 1/22/2002 with the Office Of Clerk To Circuit Court in Pb. 123; Pg. 44, with a width of 40 Ft. · Kingsland Glen Drive, State Route Number: 5445 From: Cogbill Rd., (Rt. 638) To: Kingsland Creek Dr., (Rt. 5446), a distance of: 0.16 miles. Right-of-way record was filed on 1/2/2002 with the Office Of Clerk To Circuit Court in Db. 4363; Pg. 240, with a width of 75 Ft. And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to § 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. Tvoe Chanee to the Secondary System of State HIQhwavs: Addition Basis for Change: Addition, New subdivision street Statutory Reference: ~33.1-229 Project: Oak Forest, Section 6 & a portion of Section 1 · Glencadam Drive, State Route Number: 5424 From: Halloway Av., (Rt. 722) To: Cul-de-sac, a distance of: 0.06 miles. Right-of-way record was flied on 1 2/3/2001 with the Office Of Clerk To Circuit Court in Pb. 122; Pg. 24, with a width of 50 Ft. 02- 888 12/18/02 Right-of-way record for section 1 was filed on 11/24/76 with the Office of Clerk To Circuit Court in Pb. 27; Pg. 75, with a width of 50 Ft. i · Sprlngbank Road, State Route Number: 5412 From: Halloway Av., (Rt. 722) To: Cul-de-sac, a distance of: 0.118 miles. Right-of-way record was filod on 12/~t2001 with th~ Office Of Clerk To Circuit Court in Pb. 122; Pg. 24, with a width of 50 Ft. I Right-of-way record for section 1 was filed on 11/2i/76 with the Of[ice o~f Clerk To Clmuit Court in Pb. 27; Pg. 75, with a width of 50 Ft. Ayos: Miller, Warren, Barber, Humph:roy and McHale. Nays: None. 8.D.3. APPROPRIATION OF FUNDS FOR THE ROUTE 10/ENON CHURCH ROAD TURN LANE PROJECT On motion of Mr. McHale, Iseconded by Mrs. Humphrey, the Board appropriated $140,000 i~ anticipated supplemental Virginia Department of Transports 10/Enon Church Road Turn Ayes: Miller, Warren, Bar] Nays: None. 8 .D.4. 8.D.4.a. SET DATE FOR PUBL: tion rei~Dursements for Lane Project. }er, Humphrey and McHale. TO CONSIDER THE WITH THE :I:U~:[NG OF SERIES 1993 GENERAL the Route CC HEARINGS APPROPRIATION OF FUNDS ASSOCIATED OBLIGATION PUBL:CC IMPROVEMENT BONDS, AND ADOPT A RESOLUTION AUTHI)RIZING THE REFUNDING On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board set the date of January '8, 2003 at 7:00 p.m. for a public hearing for the Board to consider the appropriation of up to $35,000,000 for the r,'~funding of Series 1993 general obligation public improv,~ment bonds and associated closing costs. And, further, the Board adopt:ed the following resolution: A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE, SALE AND DELIVERY OF AN ISSUE OF NOT TO EXCEED THIRTY-FIVE iMILLION DOLLARS ($35,000,000) PRINCIPAL AMOUNT OF GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BONDS, SERIES OF 2003, OF THE COUNTY OF CHESTERFIELD, VIRGINIA, FOR THE PURPOSE OF REFUNDING IN ADVANCE OF THEIR STATED MATURITIES A PORTION OF THE COUNTY'S GENE}{AL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BONDS, SERIES OF 1993; FIXING THE FORM, DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH BONDS; PROVIDING FOR THE SALE OF SUCH BONDS AND DELEGATING TO THE COUNTY ADMINISTRATOR CERTAIN POWERS WITH RESPECT THERETO; AUTHORIZING AND PROVIDING FOR THE PREPARATION kND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT RELATING TO SUCH BONDS; AND PROVIDING 02- 889 12/18/02 WITH RESPECT TO CERTAIN OTHER MATTERS THERETO RELATED BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: SECTION 1. Findings and Determination. (a) Pursuant to Chapter 5 of Title 15.1 of the Code of Virginia, 1950, as then in effect, and a resolution duly adopted by this Board on May 12, 1993, there were authorized to be issued, sold and delivered by the County of Chesterfield, Virginia (the ~County") $52,725,000 principal amount of County of Chesterfield, Virginia, General Obligation Public Improvement Refunding Bonds, Series of 1993, dated May 1, 1993 and maturing in varying principal amounts on March 1 in each of the years 1994 to 2011, both inclusive (the ~Series of 1993 Bonds"). (b) Pursuant to Article 5 of the Public Finance Act of 1991 (Sections 15.2-2643 through 15.2-2649, both inclusive, of the Code of Virginia, 1950, as now in effect), the County is authorized to issue refunding bonds to refund any or all of its bonds in advance of their stated maturities. (c) This Board deems it advisable and in the interest of the County to refund in advance of their stated maturities all or a portion of one or more of the outstanding maturities of the Series of 1993 Bonds (the ~Refunded Bonds"). (d) This Board deems it advisable and in the best interest of the County to authorize and provide for the issuance, sale and delivery pursuant to such Article 5 of the Public Finance Act of 1991 (Sections 15.2-2643 through 15.2- 2649, both inclusive, of the Code of Virginia, 1950, as now in effect) of an issue of General Obligation Public Improvement Refunding Bonds, Series of 2003, for the purpose of refunding in advance of their stated maturities all or a portion of the Refunded Bonds. SECTION 2. Authorization of General Obligation Public Improvement Refunding Bonds. For the purpose of refunding in advance of their stated maturities all or a portion of the bonds described in Section l(c), there are hereby authorized to be issued, sold and delivered an issue of general obligation public improvement refunding bonds of the County in a principal amount not exceeding $35,000,000 to be designated and known as ~General Obligation Public Improvement Refunding Bonds, Series of 2003" (the "Bonds"). Such Bonds are to be issued pursuant to the provisions of Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the same being the Public Finance Act of 1991). SECTION 3. Approval of the Details and Sale of the Bonds. (a) The Bonds shall be dated such date and shall bear interest from their date payable on such date and semiannually thereafter, as shall be determined by the County Administrator. The Bonds shall mature and become due and payable on such date or dates not exceeding forty (40) years from their date and in such principal amounts on each such date as shall be determined by the County Administrator. (b) (i) The Bonds shall be issued only in fully registered form. One Bond representing each maturity of the 02- 890 12/18/02 Bonds will be issued to and registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York New York ("DTC"), as registered owner of the Bonds and each such Bond shall be immobilized in the custody of DTC. DTC will act as securities depository for the Bonds. Individual purchases will be madel in book-entry form only, in the principal amount of $5,0Q0 or any integral multiple thereof. Purchasers will not receive physical delivery of certificates representing their interelsts in the Bonds purchased. (ii) Principal iand interest payments on the Bonds will be made by the county by wire transfer to DTC or its nominee, Cede & Co. as registered owner of the Bonds which will in turn remit such payments to the DTC participants for subsequent disbursal to the beneficial owners of the Bonds. Transfers of principali and interest payments to DTC participants will be the iresponsibility of DTC. Transfers of such payments to beneficial owners of the Bonds by DTC participants will be theiresponsibility of such participants and other nominees of such beneficial owners. Transfers of ownership interests in th~ Bonds will be accomplished by book entries made by DTC and, !in turn, by the DTC participants who act on behalf of the lnldirect participants of DTC and the beneficial owners of the Bonds. (iii) The County will not be responsible or liable for sending transaction statements or for maintaining, supervising or reviewing records maintained by DTC, its participants or persons acting through such participants or for transmitting payment~ to, communicating with, notifying, or otherwise dealing with any beneficial owner of the Bonds. So long as the Bonds areiln book-entry only form, the County Treasurer will serve as iRegistrar and Paying Agent for the Bonds. The County reserves the right to designate a successor Registrar and iPay~ng Agent for the Bonds if the Bonds at any time cease tO be in book-entry only form. (c) The Bonds shal~ not be subject to redemption prior to their stated maturitieS. SECTION 4. Appointment of County Treasurer as Registrar and Paying Agent; Payment of Bonds; Books of Registry; Exchanges and Transfersi of Bonds. (a) Appointment of Registrar and Paying Agent. The County Treasurer is hereby appointed Registrar and Paying Agent for the Bonds (hereinafter referred to as the "Registrar"). (b) Payment of Bon~s. (i) At any time during which the Bonds shall be in fully registered form, the interest on the Bonds shall be payable by check mailed by the Registrar to the registered ownerslof the Bonds at their addresses as the same appear on the books of registry as of the record date for the payment of interest on the Bonds, and the principal of the Bonds shall be payable at the office of the Registrar. (ii) At any time during which the Bonds shall be in book-entry form, the principal of and interest on the Bonds shall be payable ~n accordance with the arrangements made with the depository for the Bonds. 02- 891 12/18/02 (iii) The principal of and interest on the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment is legal tender for public and private debts. Interest on the Bonds shall be calculated on the basis of a 360-day year consisting of twelve 30-day months. (c) Books of Registry; Exchanges and Transfers of Bonds. (i) At all times during which any Bond remains outstanding and unpaid, the Registrar shall keep or cause to be kept at its office, books of registry for the registration, exchange and transfer of the Bonds. Upon presentation at the office of the Registrar for such purpose, the Registrar, under such reasonable regulations as it may prescribe, shall register, exchange, transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as herein set forth. (ii) Any Bond may be exchanged at the office of the Registrar for a like aggregate principal amount of such Bonds in other authorized principal amounts of the same interest rate and maturity. (iii) Any Bond may, in accordance with its terms, be transferred upon the books of registry by the person in whose name it is registered, in person or by his duly authorized agent, upon surrender of such Bond to the Registrar for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or his duly authorized agent, in form satisfactory to the Registrar. (iv) Ail transfers or exchanges pursuant to this Section 4(c) shall be made without expense to the registered owners of the Bonds, except as otherwise herein provided, and except that the Registrar shall require the payment by the registered owner of any Bond requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this Section 4(c) shall be cancelled. SECTION 5. Execution and Authentication of Bonds; CUSIP Identification Numbers. (a) Execution of Bonds. The Bonds shall be executed in the name of the County by the manual or facsimile signatures of the Chairman and the Clerk of the Board of Supervisors, and the corporate seal of the Board of Supervisors shall be impressed, or a facsimile thereof printed, on the Bonds. (b) Authentication of Bonds. The County Administrator shall direct the Registrar to authenticate the Bonds and no Bonds shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on such Bond shall have been manually executed by the Registrar. Upon the authentication of any Bond the Registrar shall insert in the certificate of authentication the date as of which such Bond is authenticated as follows: (i) if the Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of the date the Bonds are delivered to and paid for by the initial purchasers thereof; (ii) if the Bond is authenticated upon an interest payment date, the certificate shall be dated as of such interest payment date; 02- 892 [2/[8/02 (iii) if the Bond is authenticated on or after the record date for the payment ofiinterest ,on the Bonds and prior to such interest payment da~e, the certificate shall be dated as of such interest payment date; and (iv) in all other instances the certificate shall be dated the date upon which the Bond is authenticated. The execution and authentication of the Bonds in the manSer above set forth is adopted as a due and sufficient authentication of the Bonds. (c) CUSIP Identificlation Numbers. CUSIP identification numbers may be printed o9 the Bonds, but neither the failure to print any such number on any Bonds, nor any error or omission with respect thereto, shall constitute cause for failure or refusal by th~ successful bidder for the Bonds to accept delivery of and pay for the Bonds in accordance with the terms of its proposal to purchase the Bonds. No such number shall constitute oir be deemed to be a part of any Bond or a part of the contrac~ evidenced thereby and no liability shall attach to the County or any of its officers or agents because of or on accounti of any such number or any use made thereof. ~ SECTION 6. Tax C~venant. The County covenants and agrees to comply with thei provisions of Sections 103 and 141- 150 of the Internal Revenue Code of 1986 and the applicable Treasury Regulations promulgated thereunder throughout the term of the Bonds. SECTION 7. Sources bf Payment of Bonds. The full faith and credit of the Countyi shall be and is hereby irrevocably pledged to the punctualI payment of the principal of and interest on the Bonds asithe same ibecome due. In each year while the Bonds, or any ~f them, are outstanding and unpaid, the Board of Supervisorsi is authorized and required to levy and collect annually, at ~he same time and in the same manner as other taxes in thei County are assessed, levied and collected, a tax upon alll taxable property within the County, over and above all other itaxes, authorized or limited by law and without limitation a~ to rate or amount, sufficient to pay when due the principal of and interest on the Bonds to the extent other fundsl of the County are not lawfully available and appropriated for such purpose. SECTION 8. Form ~f Bonds. The Bonds shall be in substantially the form ~et forth in Exhibit A with such necessary or appropriate Variations., omissions and insertions as are incidental to ~heir numbers, interest rates and maturities or as are otherwise permitted or required by law or this resolution. SECTION 9. Preparation and Distribution of Preliminary Official Statement and Preparation, Execution. and Delivery of Official Statement; Preliminary Official Statement "Deemed Final" for Purposes of !Securities and Exchange Commission Rule 15c2-12. (a) The County Administrator and other appropriate officials and employees of the County are hereby authorized and directed to prepare and distribute, or cause to be prepared and distributed, to prospective purchasers of the Bonds a Preliminary Official Statement relating to the Bonds. All actions takenlby the officials, employees, agents and attorneys of the County with respect to the preparation and distribution of such Preliminary Official Statement prior to the date hereof are hereby ratified and confirmed. 02- 893 12/18/02 (b) The County Administrator and other appropriate officials and employees of the County are hereby authorized and directed to prepare, or to cause to be prepared, a final Official Statement relating to the Bonds, such final Official Statement to be in substantially the form of the Preliminary Official Statement with the completion therein of the information with respect to the interest rates to be borne by the Bonds as specified by the successful bidder for the Bonds and other definitive details of the Bonds determined upon the sale of the Bonds to the successful bidder therefor. (c The County Administrator is hereby authorized to execute and deliver to the representative of the purchasers of the Bonds the final Official Statement relating to the Bonds mn accordance with the provisions of the Detailed Notice of Sale relating to the Bonds. (d) The Preliminary Official Statement shall be ~deemed final" as of its date for purposes of Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934 (~Rule 15c2- 12") except for the omission of information permitted to be omitted by Rule 15c2-12. The County Administrator is hereby authorized to execute and deliver to the representative of the purchasers of the Bonds a certificate dated the date of the Preliminary Official Statement stating that the Preliminary Official Statement is deemed final by the County for purposes of Rule 15c2-12 as of its date. SECTION 10. Sale of Bonds. (a) There is hereby delegated to the County Administrator authority, without further action by the Board of Supervisors, to sell the Bonds authorized for issuance under this resolution in accordance with the provisions hereof at competitive sale at such price, plus accrued interest thereon from their date to the date of 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 Bonds. The County Administrator is hereby authorized to cause to be prepared, published and distributed a Detailed Notice of Sale of the Bonds in such form and containing such terms and conditions as he may deem advisable, subject to the provisions hereof. In lieu of publishing the full text of the Detailed Notice of Sale of the Bonds in accordance with the provisions of the immediately preceding sentence, the County Administrator is hereby authorized to cause a Summary Notice of Sale of the Bonds in such form as the County Administrator shall approve to be published in The Bond Buyer on a date selected by the County Administrator. (b) The County Administrator is hereby authorized to receive bids for the purchase of the Bonds and, without further action by the Board of Supervisors, to accept the bid offering to purchase the Bonds at the lowest true interest cost to the County, computed in accordance with the provisions of the Detailed Notice of Sale; provided (i) that such bid is accompanied by a surety bond meeting the conditions specified in the Detailed Notice of Sale and is otherwise in conformity with the Detailed Notice of Sale; and (ii) that the true interest cost to the County as specified in such bid is not in excess of six percent (6.00%). The County Administrator is hereby further authorized to 02- 89~ 12/18/02 determine, or to modify the provisions of this resolution with respect to, the da~ed date of the Bonds, the interest payment dates for the BOnds, the dates on which the Bonds shall mature and the principal amount of the Bonds maturing on each such maturity date and to fix the rates of interest to be borne by the Bonds Df each maturity as specified in the proposal accepted by himi in accordance with the immediately preceding sentence. (c) The County Administrator is hereby further authorized to execute and deliver to the purchasers of the Bonds authorized for issuance under this resolution a Continuing Disclosure certificate evidencing the County's undertaking, to complyi with the continuing disclosure requirements of ParagraphI (b) (5) of such Rule 15c2-12 to the extent applicable to thei Bonds. The County Administrator, the Director of Accounting and the County Attorney are hereby authorized to execute and deliver to the purchasers of the Bonds one or more certificates in the forms provided for in the Official Statement relating to the Bonds. SECTION 11. Authorization to Designate the Refunded Bonds for Redemption; Authorization to Select An Escrow Agent; Authorization tQ Enter into an Escrow Deposit Agreement; Authorization ~o Select a Verification Agent. (a) Subject to the sale and receipt of the proceeds of the Bonds, the County Administrator! is hereby authorized to designate the Refunded Bonds for redemption on such date or dates as the County Administrator shall determine and is hereby further authorized to request the County Treasurer, as Registrar and Paying Ageht for the Refunded Bonds, to cause the notice of the redemption of the Refunded Bonds to be wmth, the provisions of the proceedings given in accordance authorizing the issuance ~f the Refunded Bonds. (b) The County Adminmstrator is hereby authorized, in his discretion, to selec~ a bank or trust company to serve, or the County may itself serve, as Escrow Agent if ' necessary, and to deliveri to such Escrow Agent or applicable County officials irrevocable written instructions to give notices, or to cause such notices to be given, in the name and on behalf of the County, to the holders of the Refunded Bonds of the redemption of such Refunded Bonds on the date fixed for the redemption [hereof, such notices to be given in the manner and at the time or times provided in proceedings authorizing the issuance ~f the Refunded Bonds. (c) The County Administrator is hereby authorized, in his discretion, to execnte and deliver an Escrow Deposit Agreement by and betweenlthe 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 12. Authorization to Purchase Government Securities. The County Administrator is hereby authorized to execute, on behalf of the County, subscriptions for United 02- 895 12/18/02 States Treasury Obligations - State and Local Government Series, if any, to be purchased by the County in connection with the refunding of the Refunded Bonds. Such United States Treasury Obligations - State and Local Government Series, if any, so purchased shall be held by or on behalf of the County Treasurer or by the Escrow Agent under and in accordance with the provisions of any Escrow Deposit Agreement entered into in connection with the refunding of the Refunded Bonds. The County Administrator and the County Treasurer are hereby authorized to enter into such purchase agreements, including forward supply agreements, if any, as shall be required in connection with the refunding of the Refunded Bonds providing for the purchase by or on behalf of the County in the open market of direct general obligations of, or obligations the payment of the principal of and interest on which are unconditionally guaranteed by, the United States of America. SECTION 13. Filing of This Resolution. The County Attorney is hereby authorized and directed to file a copy of this resolution, certified by the Clerk of the Board of Supervisors to be a true and correct copy hereof, with the Circuit Court of the County of Chesterfield. SECTION 14. Invalidity of Sections, Paragraphs, Clauses or Provisions. If any section, paragraph, clause or provision of this resolution shall be held invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining portions of this resolution. SECTION 15. Headings of Sections. The headings of the sections of this resolution shall be solely for convenience of reference and shall not affect the meaning, construction, interpretation or effect of such sections or of this resolution. SECTION 16. Effective Date. take effect upon its adoption. This resolution shall EXHIBIT A UNITED STATES OF AMERICA COmmONWEALTH OF VIRGINIA COUNTY OF CHESTERFIELD GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BOND, SERIES OF 2003 REGISTERED No. R-03- INTEREST RATE: REGISTERED OWNER: PRINCIPAL AMOUNT: MATURITY DATE CEDE & CO. DATE OF BOND: JANUARY 1, 2003 REGISTERED CUSIP NO. 166393 The County of Chesterfield (hereinafter referred to as the ~County"), a political subdivision of the Commonwealth of Virginia, for value received, hereby promises to pay to the Registered Owner (named above), or registered assigns, on the 02- 896 12/18/02 Maturity Date (specified above), unless this Bond shall have been duly called for previous redemption and payment of the redemption price shall ~ave been duly made or provided for, the Principal Amount (sDecified above), and to pay interest on such Principal AmDunt on _, and thereafter from semiannually on each and _ the date hereof or from the interest payment date next preceding the date of authentication hereof to which interest shall have been paid, unless such date of authentication is an interest payment date, in which case from such interest payment date if interest has been paid to such date, or unless such date of authentication is within the period from the sixteenth (16th) d~y to the last day of the calendar month next preceding the following interest payment date, in which case from such initerest payment date if interest has been paid to such date, until the payment of such Principal Amount (each such date! is hereinafter referred to as an interest payment date) ai the Interest Rate (specified above) per annum, by check mailed by the Registrar hereinafter mentioned to the Registe!red Owner in whose name this Bond is registered on the books of registry kept and maintained by the Registrar, as of the close of business on the fifteenth (15th) day (whether or hot a business day) of the calendar month next preceding eac~ interest payment date. Interest on this Bond shall be calculated on the basis of a 360-day year consisting of twelve 30-~ay months.. The principal of t~is Bond is payable upon presentation and surrender hereof at 5he office of the County Treasurer of the County in ChesterfiEld, Virginia (the "Registrar"). The principal of and interest on this Bond are payable in such coin or currency of the, United States of America as at the respective dates of paYment is legal tender for public and private debts. This Bond is one ~f a duly authorized issue of Bonds (herein referred to ~s the "Bonds") of the aggregate principal amount of Dollars ($ of like date and tenor herewith, except for number, denor~ination, interest rate, maturity and redemption provisions, and is issued for the purpose of refunding in advance 6f their stated maturities certain previously issued general obligation bonds of the County, under and pursuant toi and in full compliance with the Constitution and statutes of the Commonwealth of Virginia, including Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the same being th~ Public Finance Act of 1991), and a resolution duly adoptedi by the Board of Supervisors of the County under such Publi( Finance Act of 1991 on December 18, 2002. The Bonds of the i~sue of which this Bond is one shall not be subject to zedemption prior to their stated maturities. Subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of Which this Bond is one, this Bond may be exchanged at the office of the Registrar for a like aggregate principal amount of Bonds of the series of which this Bond is one, of ~ther authorized principal amounts of the same interest rate and maturity. This Bond is transferable by the Registered O~er hereof, in person or by his attorney duly authorized in writing, at the office of the 02- 89]' 12/18/02 Registrar but only in the manner, subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, and upon the surrender hereof for cancellation. Upon such transfer, a new Bond or Bonds of the series of which this Bond is one, of authorized denominations and of the same aggregate principal amount, will be issued to the transferee in exchange herefor. The full faith and credit of the County are irrevocably pledged to the punctual payment of the principal of and interest on this Bond as the same become due. In each year while this Bond is outstanding and unpaid, the Board of Supervisors is authorized and required to levy and collect annually, at the same time and in the same manner as other taxes in the County are assessed, levied and collected, a tax upon all taxable property within the County, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and interest on this Bond to the extent other funds of the County are not lawfully available and appropriated for such purpose. This Bond shall not be valid or obligatory unless the certificate of authentication hereon shall have been manually signed by or on behalf of the Registrar. It is hereby certified, recited and declared that all acts, conditions and things required to have happened, to exist and to have been performed precedent to and in the issuance of this Bond and the series of which it is one, do exist, have happened and have been performed in regular and due time, form and manner as required by law, and that this Bond and the Bonds of the series of which this Bond is one do not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the County, by its Board of Supervisors, has caused this Bond to be executed by the manual or facsimile signature of the Chairman of such Board; a facsimile of the corporate seal of such Board to be imprinted hereon, attested by the facsimile signature of the Clerk of such Board; and this Bond to be dated January 1, 2003. [SEAL] Attest: Clerk of the Board of Supervisors Chairman of the Board of Supervisors CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds delivered pursuant to the within-mentioned proceedings. County Treasurer, as Registrar 02- 898 12/18/02 Date of Authentication: For assign(s) ASSIGNMENT value receive~, the undersigned and transfer(~) unto hereby sell(s), (Please print or type na~e and address, including postal zip codeI, of transferee) PLEASE I! OR OTHER ~SERT SOCIAL SECURITY ?AX IDENTIFYING NUMBER CF TRANSFEREE: / within Bond and ~11 rights thereunder, and hereby the irrevocably constitutes~nd appoints , attorney, to transfer such Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) mus guaranteed by a member f The New York Stock Excha~ Inc. or a commercial ban trust company. be [rm of ( or (Signature of Registered Owner) NOTICE: The signature above must correspond with the of the Registered Owner as appears on the front of this Bond in every particular, without alteration, enlargement or any change whatsoever. Ayes: Miller, Warren, Ba Nays: None. 8 .D.4 .b. rber, Humphrey and McHale. TO CONSIDER T~E APPROPRIATION OF FUNDS RECEIVED FROM TH~ DEPARTMI~NT OF MEDICAL ASSISTANCE SERVICES AND AUTHORIZATION TO EXECUTE RELATED DOCUMENTS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board set the date of Januar' 8, 2003 at 7:00 p.m. for a public hearing to consider the appropriation of $6,917,000 from the Department of Medical Assistance Services and authorization of the County Administrator to execute documents and complete the transaction. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02- 899 12/18/02 8.D.5. APPROVAL OF REVISED UTILITY CONTRACT FOR HAMPTON PARK~ SECTION 20 On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the following revised utility contract for Hampton Park, Section 20, Contract Number 02-0293, which includes the extension of 418 L.F. ± of 12-inch oversized wastewater lines and 1,309 L.F. ± of ten-inch oversized wastewater lines: Developer: Contractor: Contract Amount: Code: (Refunds thru Connections - Oversizing) District: Matoaca Hampton Park Associates LLC RMC Contractors, Inc. Estimated County Cost for Oversizing ........ $ 9,567.00 Estimated Developer Cost $86,281.00 Estimated Total ........ $95,848.00 5N-0572VO-E4C (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.D.6. APPROVAL OF THE PURCHASE OF A T~N-ACRE CIVIL WA~ SITE ON HOWLETT LIN~ On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the purchase of a parcel of land containing ten acres, more or less, for $175,000 from Miles and Wells for the Howlett Line, subject to substantial accord approval; initiated a substantial accord application on a portion of PIN 8046508646 and appointed Mr. Brad Hammer as the Board's agent; appropriated $176,500 in anticipated grant funds; 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: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.D.7. ACCEPTANCE OF PARCELS OF LAND 8.D.7.&. AT THE INTERSECTION OF W00LRID~-~ ROAD AND WATERMIL? PARKWAY FROM RE~ERV0IR LAND AssoCIATE~ On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board accepted the conveyance of a parcel of land containing 0.628 acres at the intersection of Woolridge Road and Watermill Parkway from Reservoir Land Associates, 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: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.D.7.b. ALONG THE WEST RIGHT OF WAY LINE OF NORTH SPRING R~ ROAD FROM BONEY WILSON AND SONS, INCORPORATFD On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board accepted the conveyance of a parcel of land containing 0.005 acres along the west right of way line of North Spring Run Road (State Route 702) from Boney Wilson and Sons, Incorporated, 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: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02- 900 12/18/02 8 .D.7 ALONG THE WEST RIGHT OF WAY LINE OF NORTH SPRING RUN ROADt THE NORTH RIGHT.OF WAY LINE OF MCENNALLY ROAD AND THE EAST RIGHT ON WAY LINE OF WINTERPOCK ROAD FROM TASCON-NORWOOD, LLC On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board accepted the conveyance Of a parcel of land containing 2.983 acres along the west right of way line of North Spring Run Road (State Route 702)4 the north right of way line of McEnnally Road (State RoUte 702) and the east right of way line of Winterpock Road (State Route 621) from Tascon- Norwood, 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 B Ayes: Miller, Warren, Bar Nays:None. 8 .D.7 .d. ALONG TWR EAST FROM DOUGLAS R. 9ard.) ber, Humphrey and McHale. RIGHT OF WAY LINE OF QUALLA ROAD SOWERS AND SUSAN S. SOWERS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board accepted the conveyance Of a parcel of land containing 0.165 acres along the east right of way line of Qualla Road (State Route 653) from Douglas iR. Sowers and Susan S. Sowers, and authorized the County A~inistrator to execute the deed. (It is noted a copy of the pllat is filed with the papers of this Board.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.D.7.e. ALONG THE WESTIRI~WT OF WAY LINE OF NORTH OTTERDALE ROAD FROM OTTERD~?'R PARK ASSOCIATES, LLC On motion of Mr. McHale, l seconded by Mrs. Humphrey, the Board accepted the conveyance iof a parcel of land containing 0.001 acres along the west right of way line of North Otterdale Road from Otterdale Par~ Associates, LLC, and authorized the County Administrator to,execute the deed. (It is noted a copy of the plat is filea with the papers of this Board.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.D.7.f. FOR TwR EXTENS PARK AT SALISB! On motion of Mr. McHale, accepted the conveyance total of 2.53 acres for from The Park at Salisb Administrator to execut( the plat is filed with t £ON OF NORTH OTTERDALE ROAD FROM THE IRY~ L.P. seconded iby Mrs. Humphrey, the Board of two parcels of land containing a the extension of North Otterdale Road ury, L.P., and authorized the County the deed. (It is noted a copy of he papers of this Board.) Ayes: Miller, Warren, Barber, Humplhrey and McHale. Nays: None. 8.D.8. D~SIGNATION OF RI~T OF WAY FOR MT HEP/~ON ROAD EXTENDED On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board designated right of way for Mt Hermon Road extended; rescinded the designation of right of way by resolution of 02- 90'1. 12/18/02 the Board May 27, 1998; and authorized the County Administrator to execute the Declaration. (It is noted copies of the plats are filed with the papers of this Board.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.D.9. REQUESTS FOR PERMISSION 8.D.9.a. FROM HOLLIS BURTON ROBERSON AND DORIS J. ROBERSON TO INSTALL A PRIVATE SEWER SERVICE WITHIN A PRIVAT~ EASEMENT TO SERVE PROPERTY ON GENITO ROAD On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved a request from Hollis Burton Roberson and Doris J. Roberson for permission to install a private sewer service within a private easement to serve property at 11600 Genito Road, and authorized the County Administrator to execute the sewer connection agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.D.9.b. FROM OLIVIA R. CAMPBELL FOR AN ASPHALT DRIVEWAY TO_ ENCROACH ON COUNTY PROPERTY On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved a request from Olivia R. Campbell for permission for an existing asphalt driveway to encroach on Falling Creek Middle School property at 4800 Hopkins Road, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.D.9.c. FROM WILLIE L. JENNINGS AND GLRNIS W. J~-~NIN~$ FOR A FENCE TO ENCROACH WITHIN A SIXTm~N-F00T ~.T.my IN RAYON PARK SUBDIVISION On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved a request from Willie L. Jennings and Glenis W. Jennings for permission for an existing fence to encroach within a 16-foot alley in Rayon Park Subdivision, subject to the execution of a license agreement. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 8.D.9.d. FROM LONNIE WADE MCCOY AND PATSY ROSE MCCOY FOR · FENCE TO ENCROACH WIT~TN A STYT~mN-FOOT ALL~Y IN RAYON PARK SUBDIVISION On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved a request from Lonnie Wade McCoy and Patsy Rose McCoy for permission for a fence to encroach within a sixteen-foot alley in Rayon Park Subdivision, subject to the execution of a license agreement. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02- 902 12/18/02 8.D.9.e. FROM LEONARD M.! PUCKETT AND EVELYN C. PUCKETT TO INSTALL A PRiV~E WATER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY ON BURNETT DRIVE On motion of Mr. McHale, iseconded by Mrs. Humphrey, the Board approved a request fromi Leonard M. Puckett and Evelyn C. Puckett for permission to install a private water service within a private easemen~ to serve property at 9205 Burnett Drive, and authorized the Co'unty Administrator to execute the water connection agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Miller, warren, Barber, Humphrey and McHale. Nays: None. 8.D.9.f. FROM EDWARD H. CAKE, IV AND DIANE M. CAKE TO CONSTRUCT A FENCE WITHIN AN EIGHT-FOOT EASEMENT ACROSS LOT 26, CLUB CREST, SECTION 3 On motion of Mr. McHale, 'seconded by Mrs. Humphrey, the Board approved a request from ~dward H. Cake, IV and Diane M. Cake for permission to construct a fence within an eight-foot easement across Lot 26, flub Crest, Section 3, subject to the execution of a license a~reement. (It is noted a copy of the plat is filed with the p~pers of this Board.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. ~ 8.D.10. APPROVAL OF LEA~E OF PROPERTY FOR COMMUNITY CORRECTIONS SERVICES On motion of Mr. McHale, Iseconded by Mrs. Humphrey, the Board approved a lease with ~rause Road Properties, L.L.C., for 2,575 square feet of off~ce space at 10111 Krause Road, Suite 104 for Co~unity Corre6tions Services, and authorized the County Administrator to ~xecute the lease agreement, subject to approval by the County Attorney. (It is noted a copy of the vicinity sketch is f~led with the papers of this Board.) Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. I 8.D.11. 8.D.11.a. TRANSFER OF DIS¶ FROM THE CLO~ DISTRICT IMPR( PARKS AND REC! SCHOOL CUSTOD] SUPERVISORS F( BASKETBALL LF2 'RiCT iMPROVEMENT FUNDS HILL, MATOACA, AND MIDLOTHIAN ~VEMENT FUNDS TO THE DEPARTMENT OF '~ATION TO FUND SCHOOL RENTAL,. COSTS AND PART-TiME FACILITY ~R TwR CwR. STERFIELD COUNTY YOUTH ~GUE On motion of Mr. McHale, I seconded by Mrs. Humphrey, the Board transferred $5,000 eac~ from th(~ Matoaca, Midlothian and Clover Hill District Improvement ]~unds (total of $1,500) to the Department of Parks and Recreation to fund schoo% rental, school custodial costs and part-time facility supervmsors for the Chesterfield County Youth Basketball League. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02- 903 12/18/02 8.D.11.b. FROM T~ BERMUDA, CLOVER ~TLL, DALE, MATOACA AND MIDLOTHIAN DISTRICT IMPROVEMENT FUNDS TO THE POLICE DEPARTW~.NT FOR POLICE cOVERAGE FOR THE JAMES RIVER PARADE OF LIGHTS EVENT On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board transferred $360 each from the Bermuda, Clover Hill, Dale, Matoaca and Midlothian District Improvement Funds (total of $1,800) to the Police Department to defray the costs incurred for police coverage from the James River Parade of Lights event. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS There were no hearings of citizens on unscheduled matters or claims at this time. 10. REPORTS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board accepted the following reports: A report on Developer and Water Sewer Contracts; and a Status Report on the General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds, and Lease Purchases. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 11. CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A)(1),CODE OF VIRGINIA~ 1950~ AS AMENDED, RELATING TO THE PERFORMANCE OF A SPECIFIC EMPLOYEE OF THE COUNTY On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board went into Closed Session pursuant to Section 2.2-3711(A) (1), Code of Virginia, 1950, as amended, relating to the performance of a specific employee of the county. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Reconvening: On motion of Mr. McHale, seconded by Mr. Barber, 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. 02- 904 12/18/02 NOW, THEREFORE BE I~ does hereby certify th~ knowledge, i) only public from open meeting ret Information Act were disc this certification applie ii) only such public in the Motion by which t heard, discussed, or col dissents from this certif The Board being polled, t~ Mr. McHale: Aye. Mrs. Humphrey: Aye. Mr. Barber: Aye. Mr. Warren: Aye. Mr. Miller: Aye. 12. DINNER On motion of Mr. McHale, recessed to Magnolia Gran( Ayes: Miller, Warren, Barl Nays: None. Reconvening: 13. INVOCATION Elder Jerry Price of Ne gave the invocation. 14. PLEDGE OF ALLEGIANCE AMERICA Eagle Scout Matthew Rich~ Allegiance to the flag of 15. RESOLUTIONS AND SPEC~ o RECOGNIZING BOY SCOU~ SCOUT 15.1. MATTHEW RICHARD JO! Mr. Hammer introduced Mr. receive the resolution. On motion of the Board, t! WHEREAS, the Boy Sc( Mr. William D. Boyce on by Congress in 1916; and RESOLVED, the Board of Supervisors Lt to the best of each member's business matters lawfully exempted uirements under the Freedom of ussed in tlhe Closed Session to which , and business matters as were identified Le Closed Session was convened were lsidered by the Board. No member [cation. vote was as follows: seconded by Mr. Warren, 'e for dinner. ,er, Humphrey and McHale. the Board Deliverance Evangelistic Church, TO THE FLAG OF THE UNITED STATES OF ~rd John Schwenk led the Pledge of the United[ States of America. iAL RECOGNITIONS ~S UPON ATtaiNING THE RANK OF EAGLE ~ SCHWENK, CLOVER HILL Matthew Schwenk who was present to ~e following resolution was adopted: ~uts of America was incorporated by ~ebruary 8, 1910, and was chartered 12/18/02 02- 905 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; and WHEREAS, Mr. Matthew Richard John Schwenk, Troop 829, sponsored by Saint Matthias' Episcopal Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned 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, this 18th day of December 2002, hereby extends its congratulations to Mr. Matthew Richard John Schwenk 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: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Mr. Warren presented the executed resolution and patch to Mr. Schwenk, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his future endeavors. Mr. Schwenk expressed appreciation to his parents, Scoutmaster and members of his troop for their support. 15.2. MICHAEL J. SPENCE, BERMUDA DISTRICT Mr. Hammer introduced Mr. Michael Spence who was present to receive the resolution. On motion of the Board, the following resolution was adopted: 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, 02- 906 12/18/02 being active in the trc living up to the Scout WHEREAS, Mr. Michae Saint John's Episcopal standards of commitment of Eagle Scout, which is individuals entering the WHEREAS, growing tl learning the lessons endeavoring to prepare society, Matthew has dis new generation of prepar, be very proud. NOW, THEREFORE BE County Board of Supervis hereby extends its congr on his attainment of Eac fortune of the County tc as one of its citizens. Ayes: Miller, Warren, Baz Nays: None. Mr. McHale presented the Spence, accompanied by him on his outstanding his future endeavors. Mr. Spence expressed ap] his parents, Scoutmaste support. 15.3. BRANDON DOUGLAS T~ Mr. Hammer introduced Mz receive the resolution· On motion of the Board, t WHEREAS, the Boy Sc Mr. William D. Boyce on by Congress in 1916; and WHEREAS, the Boy Sc( character, provide citiz~ fitness; and WHEREAS, after earn: in a wide variety of ski] outdoor life, serving ir carrying out a service r op, demonstrating Scout spirit, and Lth and Law; and [ J. Spence, Troop 819, sponsored by ~hurch, has accomplished those high ~nd has reached the long-sought goal earned by only four percent of those Scouting movement; and Lrough his experiences in Scouting, of responsible citizenship, and himself for a role as a leader in tinguished himself as a member of a ~d young citizens of whom we can all IT RESOLVED, that the Chesterfield ~rs, this 18th day of December 2002, atulations to Mr. Michael J. Spence le Scout, and acknowledges the good have such an outstanding young man ber, Humphrey and McHale. executed resolution and patch to Mr. embers of his family, congratulated ~chievement, and wished him well in ~reciation to members of his troop, r, God and his church for their OST, MATOACA DISTRICT · Brandon Trost who was present to he following resolution was adopted: outs of Am~erica was incorporated by February 8, 1910, and was chartered :uts of America was founded to build .~nship training and promote physical .ng at least twenty-one merit badges is including leadership, service and a leadership position in a troop, ,roject beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Brando~ Douglas Trost, Troop 806, sponsored by Woodlake United MethOdist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals enteriqg the Scouting movement; and 02- 907 12/18/02 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, Brandon 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, this 18tn day of December 2002, hereby extends its congratulations to Mr. Brandon Douglas Trost 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: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Mrs. Humphrey presented the executed resolution and patch to Mr. Trost, accompanied by members of his family, congratulated him on his outstanding achievement, and wished him well in his future endeavors. Mr. Trost expressed appreciation to his parents, members of his troop and his Scoutmaster for their support. 16. REQUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDERs - WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT ACCEPTS THE RECOMMENDATiON AND THERE IS NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 18 03SN0160 In Midlothian Magisterial District, CHIPPENHAM SQUARE ACQUISITIONS, LLC AND CHECK INTO CASH OF VIRGINIA, LLC request Conditional Use and amendment of zoning district map to permit a payday loan business within a General Business (C-5) District. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for regional mixed use. This request lies on 17.6 acres and is known as 7415 Midlothian Turnpike. Tax ID 763-706-2532 (Sheet 7). Mr. Jacobson stated that the applicants have withdrawn Case 03SN0160 from consideration. Mr. Miller called for the public hearing regarding the withdrawal. Mr. Joe Cacciotti stated that he is happy the applicants have withdrawn their request. On motion of Mr. Barber, seconded by Mr. Warren, the Board acknowledged withdrawal of Case 03SN0160. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 02- 908 12/18/02 02SN0237 In Dale and Matoaca Ma. LUMBER CO., INC. AND NA rezoning and amenclmen Agricultural (A) to Res proffered conditions on 872 acre tract. Resident is permitted in a R~ Comprehensive Plan sugge residential use of 1 to This request lies on 1 3,100 feet on the west 1,100 feet north of ~isterial Districts, ROPER BROTHERS ~H ROAD/WOODPECKER ROAD, LLC request ~ of zoning district map from idential (R-25) of 620.9 acres and ~n existing zoned Residential (R-25) .ial use of up to 1.74 units per acre !sidential (R-25) District. The sts the property is appropriate for 5 acre lots, suited to R-88 zoning. .492.9 acres fronting approximately line of Cattail Road, approximately ~eedy Bralnch Road; also fronting approximately 9,600 fee~ on the north line of Woodpecker Road, across from Cattail Road; also fronting approximately 5,000 feet on the ~outh line of Woodpecker Road, approximately 3,500 feet~ast of Nash Road. Tax IDs 761-643- 6618, 764-639-4424 and 768-646-Part of 4472 (Sheets 25 and 33). Mr. Jacobson stated that consent to the Board r Commission to address Commission's public heari Mr. Oliver "Skitch" Rudy, that the applicants will the case to the Planning Mr. Miller called for the No one came forward to sF On motion of Mrs. Humphr~ remanded Case 02SN0237 to Ayes: Miller, Warren, Bar Nays: None. 03HP0150 In Matoaca Magisterial landmark designation and DELLWOOD. The Compreher appropriate for resident~ for R-88 zoning. This District and is known as 626-Part of 8240 (Sheet Mr. Jacobson presented a that the Preservation Cc recommend approval based is a distinguished buildi historic interest, and significant adverse affe. county. The Honorable T. J. Haul. acceptable. Mr. Miller called for the No one came forward to sF the applicants have indicated their emanding the case to the Planning issues raised at the Planning ng. representing the applicants, stated accept a recommendation to remand ~ommission. public hearing. ~ak to the remand request. y, seconded by Mr. McHale, the Board the Planning Commission. ber, Humphrey and McHale. istrict, TIMOTHY J. HAULER requests amendment of zoning district map for .sire Plan suggests the property is .al use of 1 to 5 acre lots, suited fe~est lies in an Agricultural (A) 6100 Woodpecker Road. Tax ID 781- 41). summary of Case 03HP0150 and stated mmittee and the Planning Commission on the findings that the structure ng of high architectural quality and the designation will cause no :t on the future development of the ~r stated that the recommendation is public hearing. eak to the request. 02- 909 12/18/02 On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved historic landmark designation for the Dellwood structure and foundation, described as follows: The property known as Tax ID 781-626-Part of 8240 (Sheet 41). Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Discussion ensued relative to Judge Hauler making information available to Matoaca High School relative to the late Mr. John Winston Jones, the namesake of the road leading to the school and original owner of the Dellwood structure. 01SN0121 (Amended) In Clover Hill Magisterial District, CHESTERFIELD COUNTY BOARD OF SUPERVISORS AND DANKOS FAMILY TRUST request rezoning and amendment of zoning district map from Agricultural (A) to Corporate Office (0-2) and Neighborhood Business (C-2) with Conditional Use Planned Development on these tracts plus an existing zoned Neighborhood Business (C-2) tract to permit exceptions to Ordinance requirements and an existing Agricultural (A) tract. Further, amendment to Conditional Use Planned Development (83S182) on an existing zoned Neighborhood Business (C-2) tract relative to the Master Plan, uses, site design, architecture, signage and access. A mixed use development, to include office and commercial uses, is planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for community mixed use and single family residential use of 2.0 units per acre or less. This request lies on 37.0 acres, fronting in two (2) places for a total of approximately 1,130 feet on the north line of Hull Street Road, also fronting approximately 120 feet on the east line of Southshore Drive across from North Spring Run Road and Chital Drive, also lying at the western terminus of Harbour Pointe Road. Tax IDs 724-672-Part of 9216, 725-672-Part of 1175 and 726-672- Part of 1039 (Sheet 15). Mr. Jacobson presented a summary of Case 01SN0121 and stated that the Planning Commission and staff recommend approval subject to conditions and acceptance of the proffered conditions. He further stated that an addendum was submitted, based on advice from the County Attorney, modifying Condition B.6. relative to waivers. Due to someone being present to speak to the case, it was moved to Item 18., Remaining Mobile Home Permits and Zoning Requests. 17. PUBLIC HEARINGS 17 .A. TO CONSIDER THE TAX EXEMPTION REQUEST OF FIRST TEE CHESTERFIELD Mr. Micas stated that this date and time has been advertised for a public hearing for the Board to consider the tax exemption request of First Tee Chesterfield. He further stated that a Constitutional amendment was approved by referendum in November which would move tax exemption decisions from the General Assembly to local governments, and indicated that if the Board supports the request and the 02- 910 12/18/02 ! General Assembly acts up~ , n the Constitutional amendment Board may have to consider the request a second time. Mr. Miller called for th~public hearing. Mr. Wes Swope, General requested the Board's request. He provided a residents being served There being no one else hearing was closed. When asked, Mr. Micas st exemption represents ap indicated that the amount Discussion ensued relati~ during the 2002 General exemption request. On motion of Mr. McHale adopted the following property tax exemption r~ RESOLUTION SUPPORTINI FIRST TEE CH~ TAXATION BY THE WHEREAS, First Tee profit corporation which all economic backgrounds WHEREAS, First Tee located in the Dale Ma County, Virginia at its in Chesterfield County; WHEREAS, personal p~ playground purposes by exempt from taxation as 6(a)(6) of the Constitut General Assembly of Virg~ is operated not for prof~ in accordance with the pl classified; and WHEREAS, the Boar( County, Virginia has con the adoption of this res, status of First Tee Cbs 1. First Tee ChE income taxation pursuant Revenue Code of 1986. 2. No current ant serving alcoholic bevera~ Alcoholic Beverage Cont~ for use on the organizati the Manager of First Tee Chesterfield, [pport of First Tee's tax exemption n update relative to the number of First Tee. to speak to the issue, the public ated that the personal property tax )roximately $6,800 this year, and could fluctuate annually. ~ to the :reason there was no patron %ssembly session for First Tee's tax seconded by Mr. Barber, the Board Cesolution supporting the personal quest of First Tee Chesterfield: THE DESI(~NATION OF PROPERTY OF iSTERFIELD AS EXEMPT FROM ]ENERAL ASSEMBLY OF VIRGINIA Chesterfield is a non-stock, non- provides instruction to children of in the game of golf; and Chesterfield owns personal property gisterial District of Chesterfield acility o~,erated at Iron Bridge Park nd operty used exclusively for park and ~ qualifying organization shall be authorized by Article X, Section ion of Virginia, upon action by the nia and sc. long as such organization t and the property so exempt is used lrpose for which the organization is ~ of Supervisors of Chesterfield ~idered the following factors before )lution in support of the tax exempt sterfield as follows: .sterfield is exempt from federal to Section 501(c) of the Internal .ual alcoholic beverage license for es has been issued by the Virginia ol Board to First Tee Chesterfield on's property. 02- 911 12/~8/02 3. No director or officer of First Tee Chesterfield is paid any compensation in excess of the value of the services performed in such position with the corporation. 4. No part of the net earnings of First Chesterfield inures to the benefit of any individual. Tee 5. First Tee Chesterfield provides services for the common good of the public. 6. No part of the activities of First Tee Chesterfield involves carrying on propaganda or otherwise attempting to influence legislation. The corporation does not participate in, or intervene in, any political campaign on behalf of any candidate for public office. 7. First Tee Chesterfield has no rule, regulation, policy or practice which discriminates on the basis of religious conviction, race, color, gender or national origin. 8. This year the above-mentioned personal property is assessed at a value of $172,362 and would generate $6,806.90 in County real estate tax. THEREFORE, be it resolved by the Board of Supervisors of Chesterfield County as follows: 1. That this Board supports the request of First Tee Chesterfield for exemption from taxation of its personal property pursuant to Article X, Section 6(a) (6) of the Constitution of Virginia and the provisions of Chapter 36 of Title 58.1 of the Code of Virginia, 1950, as amended, and that such exemption should be categorized as park and playground. 2. That the County Administrator is directed to forward a certified copy of this resolution to First Tee Chesterfield, so that they may request that legislation be introduced in the 2003 General Assembly to achieve the purposes of this resolution. 3. The effective date of this resolution shall be December 18, 2002. Ayes: Warren, Barber, Humphrey and McHale. Nays: Miller. 17.B. TO RE-ADOPT AN ORDINANCE REPEALING MANDATORY WATER RESTRICTIONS Mr. Bryant stated that, on November 13, 2002, the Board adopted an ordinance repealing mandatory water restrictions on an emergency basis. He further stated that this date and time has been advertised for a public hearing for the Board to consider re-adoption of the ordinance. Mr. Miller called for the public hearing. No one came forward to speak to the ordinance. 02- 912 12/18/02 On motion of Mr. McHale, re-adopted the ordin restrictions. Ayes: Miller, Warren, Ba~ Nays: None. Mr. Warren excused himse] 17 .C. Ms. TO REVISE FY2003 Dickson stated th. advertised for a public increasing the School Instruction; Administrat: Transportation. Mr. Miller called for the No one came forward to s~ On motion of Mrs. Humphr( increased the School Gra] time equivalent posi' appropriation categories FTE; Administration/Atte Pupil Transportation - $5 Ayes: Miller, Barber, Nays: None. Absent: Warren. Mr. Warren returned to tk 17 .D. TO REVISE FY2003 S SCHOOL CAPITAL IMP Ms. Dickson stated th~ advertised for a public increases in the School Capital Improvements (CI~ Discussion ensued relati~ the new 360 West High school. Ms. Kitchen came forward not made a definite dec school. She further st probably be around 3, math/science program. ance repealing mandatory seconded by Mrs. Humphrey, the Board water · ber, Humphrey and McHale. f from the meeting. ICHOOL GRA_N~ FUND APPROPRIATIONS ~t this .date and time has been hearing for the Board to consider ;rants Fund in the categories of on/Attendance and Health; and Pupil public hearing. eak to the issue. ~y, seconded by Mr. Barber, the Board ~ts Fund by $1,630,924 and 28.1 full :ions (FTE) in the following Instruction - $1,583,924 and 28.1 ~dance and Health - $42,000; and ,000. umphrey and McHale. e meeting. CHOOL FEDERAL FOOD SERVICE FUND AND ROVEMENTS FUND ~t this date and time has been hearing for the Board to consider Food Service Fund and the School Fund. to architectural study funding for chool and the size of the proposed and stated[ that the School Board has ~ision relative to the size of the ~ated that the total capacity will )00, which includes 500 for the Mr. McHale expressed concerns relative to the size of the proposed school; the fiscal plan associated with it; and what it would mean to all other county high schools. concerns relative to locating a much Mr. Barber expressed larger high school further west than the edge of development today. Mr. Miller called for the public hearing. 02- 913 12/18/02 No one came forward to speak to the issue. On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board increased the School Federal Food Service Fund by $400,000 and increased the School Capital Improvements (CIP) Fund by $1,165,000 for School Food Service projects. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 17.E. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A TEN- FOOT TEMPORARY CONSTRUCTION EASEMENT ACROSS LOT 6, BRITTONWOOD, SECTION 3 Mr. Stith stated that this date and time has been advertised for a public hearing for the Board to consider an ordinance to vacate a portion of a ten-foot temporary construction easement across Lot 6, Brittonwood, Section 3. Mr. Miller called for the public hearing. No one came forward to speak to the ordinance. On motion of Mr. Miller, seconded by Mr. McHale, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to HARRY DAVIS, JR. and TERESA M. DAVIS, ("GRANTEE"), a portion of a 10' temporary construction easement across Lot 6, Brittonwood Subdivision, Section 3, DALE Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 62, at Page 50. WHEREAS, HARRY DAVIS, JR. and TERESA M. DAVIS, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of a 10' temporary construction easement across Lot 6, Brittonwood Subdivision, Section 3, DALE Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 62, Page 50, by POTTS AND MINTER, dated JANUARY 15, 1988, recorded AUGUST 4, 1988. The portion of easement petitioned to be vacated is more fully described as follows: A portion of a 10' temporary construction easement, across Lot 6, Brittonwood Subdivision, Section 3, the location of which is more fully shown on a plat made by CHARLES C. TOWNES & ASSOCIATES, P.C., dated APRIL 29, 1996, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2- 2204 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the portion of easement sought to be vacated. 02- 914 12/18/02 NOW THEREFORE, SUPERVISORS OF CHESTERFI~ That pursuant to VirGinia, 1950, as amend, be and is hereby vacated This Ordinance aha accordance with Section IT ORDAINED BY THE COUNTY, VIRGINIA: BOARD OF Section 15.2-2272 of the Code of ~d, the aforesaid portion of easement .1 be in full force and effect in 15.2-2272 of the Code of Virginia, 1950, as amended, and together with the plat sooner than thirty days the Circuit Court of Ch~ to Section 15.2-2276 ol amended. The effect of this 2274 is to destroy the the portion of the plat fee simple title of the the property owners of Section 3 free and clear By execution of ti release and hold GRANTOR or damage to any improvel of the easement resultir the sewer line or any m~ the sewer line within the Accordingly, this names of the COUNTY OF DAVIS, JR. and TERESA M. as GRANTEE. Ayes: Miller, Warren, Ba~ Nays: None. 17 .F. TO CONSIDER LEASI~ EXHIBITION BUILDi~ Mr. Stith stated that th for a public hearing for in the FairGrounds Exhibi Mr. Miller called for the No one came forward to s~ Mr. Golden came forward interfere with other act~ ProGram. He further eta at any time by either par On motion of Mr. Miller approved the leasing of Building for indoor soc Administrator to execute Ayes: Miller, Warren, Bar Nays: None. certified copy of this Ordinance, ~ttached hereto shall be recorded no hereafter in the Clerk's Office of ~sterfield County, Virginia pursuant the Code of Virginia, 1950, as Drdinance pursuant to Section 15.2- orce and effect of the recording of vacated. This Ordinance shall vest .ortion of easement hereby vacated in Lot 6, Brittonwood Subdivision, of any rights of public use. [ms ordinance, Grantee does hereby harmless from any claims for injury nents located on the vacated portion tg from the initial construction of ~intenance, repair or replacement of easement. ~rdinance shall be indexed in the CHESTERFIELD as GRANTOR, and HARRY DAVIS, or their successors in title, ber, Humphrey and McHale. SPACE IN THE FAIR~ROUNDS ts date and time has been advertised the Board to consider leasing space tion Building for indoor soccer use. pulblic hearing. eak to the issue. and stated that this use will not [vities such as the Christmas Mother zed that tlhe lease can be terminated ty with a 90-day written notice. seconded by Mr. Barber, the Board space in the Fairgrounds Exhibition 2er use, and authorized the County zhe lease agreement. ber, Humphrey and McHale. 02- 915 12/18/02 18. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS 01SN0121 In Clover Hill Magisterial District, CHESTERFIELD COUNTY BOARD OF SUPERVISORS AND DANK0S FAMILY TRUST request rezoning and amendment of zoning district map from Agricultural (A) to Corporate Office (0-2) and Neighborhood Business (C-2) with Conditional Use Planned Development on these tracts plus an existing zoned Neighborhood Business (C-2) tract to permit exceptions to Ordinance requirements and an existing Agricultural (A) tract. Further, amendment to Conditional Use Planned Development (83S182) on an existing zoned Neighborhood Business (C-2) tract relative to the Master Plan, uses, site design, architecture, signage and access. A mixed use development, to include office and commercial uses, is planned. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for community mixed use and single family residential use of 2.0 units per acre or less. This request lies on 37.0 acres, fronting in two (2) places for a total of approximately 1,130 feet on the north line of Hull Street Road, also fronting approximately 120 feet on the east line of Southshore Drive across from North Spring Run Road and Chital Drive, also lying at the western terminus of Harbour Pointe Road. Tax IDs 724-672-Part of 9216, 725-672-Part of 1175 and 726-672- Part of 1039 (Sheet 15). Ms. Jane Peterson presented a summary of Case 01SN0121 and stated that the Planning Commission and staff recommend approval subject to conditions and acceptance of the proffered conditions, noting that the proposal complies with the Upper Swift Creek Plan and assures proper land use transitions to the east and north in accordance with the recommendations of the plan. She further stated that the requested amendments to conditions of zoning promote compatibility and coordination in the development of both the Dankos property and the Bottoms tract. She stated that there is an addendum modifying Condition B.6. in response to concerns expressed by the County Attorney's office. When asked, Ms. Peterson stated that there was no opposition at the Planning Commission's public hearing and the attorney representing the Bottoms family voiced no objection to the conditions at that time. Mr. Oliver "Skitch" Rudy, representing the Bottoms family (property owner), provided a lengthy history of the rezoning request which was originally initiated over two years ago. He stated that he mistakenly thought the Bottoms family had received a copy of the most recent conditions and had no objections; therefore, he did not voice any objections at the Planning Commission public hearing on October 15, 2002. He further stated that the Bottoms family has two objections - 1) imposition of the condition that the property owner may have to construct dual turn lanes on the eastbound side of Route 360; and 2) the conditions remaining on the Agricultural component of the property. He stated that staff has not been able to address the Bottoms family's concerns relative to the cost to construct the dual turn lanes and what would trigger the necessity for the construction, and the family is willing to defer the request until the 02- 916 12/18/02 questions can be answer~ not feel the project wil by the Transportation De· of the traffic on Route Attorney ruled that thc could not go forward, remaining portion of the not Agricultural with co~ should be treated just the county. He further not want the case denied the opportunity to have Mr. Willis Blackwood, r stated that he does not unless staff is willir requirement. He apolo~ adjacent property owners ready to be acted upon. Mr. Rudy stated that, bec excluded from the traffi the cost of constructing Mr. Warren stated that ] Planning Commission's he~ situation for Clover Hil He further stated that property will protect Pointe. He stated that Hull Street for the South When asked, Mr. Jacobson comprehensive plan as recommendations, and indi with the U~per Swift Cre. proposal provides a Transportation and Env satisfied with the imposed. When asked, Mr. McCracke] to require dual left tur further stated that thc depend upon the specific stated that a condition improvements. Mr. Warren expressed contract and is planning Mr. Blackwood stated th~ users of the property. the contract purchase nc is sharing in the cost of Mr. McHale inquired aboul lane. Mr. McCracken stated that than $100,000, but bec between the east and west ~d. He further stated that he does 1 generate 8,400 trips, as estimated )artment, ~ich represents 20 percent 160. He stated that, when the County residential portion of the project the Bottoms family thought the property would remain Agricultural, Lditions, indicating that he feels it like other Agricultural property in stated that the Bottoms family does but would[ like a deferral to pursue heir concerns addressed. presentin~ the Dankos Family Trust, feel a deferral will benefit anyone .g to modify the dual left turn ized for the conflict between the and stated! that he feels the case is ~ause the Dankos property will not be c count, he feels they should share the dual left turn lanes. ~o objections were presented at the ~ring, and the case represents a win 1 High School and the neighborhood. the conditions on the A~ricultural ~he existing residents of Harbour the project will provide access to shore community. stated that Planning staff uses the its major basis for making cated that the request is consistent ~k ]?lan. He further stated that the Dd land use transition, and both ironmental Engineering staff are ~hnical issues in the conditions stated that staff has no intention lanes unless they are needed. He amount of traffic generated will land uses developed on the site. He allows for a phasing plan of the oncerns that Wawa already has a to locate on the subject property. t delays could jeopardize potential He further stated that, as part of gotiations, the Dankos Family Trust the dual turn lane project. an estimated cost of the dual turn a normal left turn lane costs less ~use of the difference in grades bound lanes, the proposed left turn lane could cost $200,000,i certainly less than $1 million. Mr. Warren stated that ~e understands the Bottoms family's of the project concerns relative to the icost · Mr. Miller stated thati Mr. Rudy has requested a 90-day deferral and he feels this is not an unreasonable request. Mr. Barber stated he Would be more inclined to grant a shorter deferral. 02- 917 12/18/02 Mr. Miller called for the public hearing. No one came forward to speak to the deferral. Mr. Warren stated that he was prepared to approve the request since both the Planning Commission and staff have recommended approval; but since it appears to be the will of the Board, he will support a deferral. When asked, Mr. Rudy stated that he would accept a 60-day deferral if the Board chooses to grant it. Mr. Barber made a motion, seconded by Mrs. Humphrey, for the Board to defer Case 01SN0121 until February 26, 2003. Mr. Warren inquired whether Mr. Rudy would withdraw his opposition in 60 days if staff indicates it could not provide the Bottoms family with additional information. Mr. Rudy stated that he needs to speak with his clients, but does not intend to take up the Board's time lightly. Mr. Barber stated that property owners have rights and if the Bottoms family decides this is not the right thing to do with their property, it is their right to voice opposition. He further stated that, unless the property owner is supportive of the request, he is not willing to go forward with it. Mr. Warren stated that if the property owner is not supportive of the request after 60 days, he does not feel the county should be involved in the case any longer. Mrs. Humphrey stated that she concurs with Mr. Warren. Mr. McHale stated that he is uncomfortable with the level of negotiations that has taken place. He further stated that the county has made a substantial investment of taxpayer dollars in the case and if it is not ready to go in 60 days, he feels it is time for the county to get out of it. Mr. Miller called for a vote on the motion of Mr. Barber, seconded by Mrs. Humphrey, for the Board to defer Case 01SN0121 until February 26, 2003. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. 03SN0105 In Bermuda Magisterial District, HAROLD L. SUTER requests rezoning and amendment of zoning district map from Community Business (C-3) to General Business (C-5). The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for commercial use. This request lies on 7.0 acres and is known as 16001 Woods Edge Road. Tax ID 800-636-7315 (Sheet 34). Mr. Jacobson presented a summary of Case 03SN0105 and stated that staff recommends approval because the request conforms to the Southern Jefferson Davis Corridor Plan and the requirements of the Zoning Ordinance and proffered conditions ensure land use compatibility with existing and proposed area development and address transportation concerns. He further stated that the Planning Commission recommended denial because of concerns expressed about impact of proposed uses on area residents and access to Happy Hill Road. 02- 918 12/18/02 Mr. Harold Surer state property is appropriate use is compatible with e further stated that Department and made ~ allowed in a C-5 distric the Transportation Depa~ the vicinity of the subj he understands the resi~ feel rezoning his proper He stated that other bu hours and indicated tha reduce the noise level. feel the proposal is as pumping station and to% Planning Commission las' and requested the Board' When asked, Mr. Suter st golf facility fell thro~ of the property at this Mr. Miller called for th Ms. Charlotte Gibbs, a r concerns relative to access of the propose~ limiting the hours of o in the area. She stat~ support the proposed rec Mr. Donald Quicke, a re: to whether the door wou loss of a contract for t Mr. Jacobson stated that uses that would be allo indicated that this was Cunningham and Plannin current C-3 zoning does ~ that the plan suggests that the for C-5 commercial use and the land Kisting and proposed development. He he has worked with the Planning :oncessions, eliminating many uses t. He stated ithat he has worked with tment to address traffic concerns in act property. He further stated that ~ents' traffic concerns, but does not ty will change the current situation. ~inesses in the vicinity are open 24 t he feels the natural buffer would He further stated that he does not intrusive as the water storage plant, 7er recommended for approval by the night just !north of his property, approval of !the case. ~ated that a contract for a miniature lgh, and he has no contract for sale time. public hearing. esident of Happy Hill Road, expressed insufficient ibuffering; restricting develoPmentl to Happy Hill Road; ~eration Until 10 p.m.; and flooding d that she and her neighbors do not nest. ident of Happ~ Hill Road, inquired as ld be open for 24-hour uses with the he miniature golf facility. ~ the staff report contains a list of ~ed in addition to the C-3 uses, and limited in negotiations with Mr. Phil ~ staff. He further stated that not permit go-carts, but C-5 would permit a commercial go-clart facility. Ms. Judy Coleman, a resident of Happy! Hill Road, stated that her main concern is thait any type of business will increase traffic. Eight people present ~t the meeting indicated by raising their hand that they do inot support the request. Mr. Suter stated thatI the Transportation Department has encouraged him to use HaPpy Hill Road versus Woods Edge Road because of heavy traffi~ on Woods Edge Road. There being no one else to speak! to ithe request, the public hearing was closed. Mr. McHale stated that C-3 uses are currently authorized for the property. He furtt about more intense C- neighbors' concerns z increased traffic on Hau Mr. McHale then made a the Board to deny Case C Ayes: Miller, Warren, Ba Nays: None. [er stated that he is very concerned 5 uses and is sympathetic to the egarding hours of operation and py Hill ROad. motion, seconded by Mr. Warren, for 3SN0105. rber, Humphrey and McHale. 02- 919 12/18/02 19. ADJOURNMENT On motion of Mr. Barber, seconded by Mr. McHale, the Board adjourned at 9:08 p.m. until January 8, 2003 at 4:00 p.m. Ayes: Miller, Warren, Humphrey, Barber and McHale. Nays: None. 02- 920 12/18/02