2016-04-27 MinutesBOARD OF SUPERVISORS
MINUTES
April 27, 2016
Supervisors in Attendance:
Staff in Attendance:
Mr. Stephen A. Elswick, Chairman
Mr. Greg Akers, Dir.,
Ms. Dorothy A. Jaeckle, Vice Chrm.
Internal Audit
Mr. Christopher M. Winslow
Mr. Mike Bacile, Dir.,
Mr. James M. Holland
Purchasing
Ms. Leslie A. T. Haley
Dr. Sheryl Bailey, Dep.
County Administrator,
Mr. James J. L. Stegmaier
Management Services
County Administrator
Ms. Janice Blakley,
Clerk to the Board
Mr. Kevin Bruny, Dean,
Chesterfield University
Ms. Debbie Burcham,
Exec. Dir.,
Community Services Board
Ms. Jana Carter, Dir.,
Juvenile Services
Mr. Allan Carmody, Dir.,
Budget and Management
Mr. Jonathan Davis, Dir.,
Real Estate Assessment
Mr. Scott Dunn, Asst. Dir.,
Environmental Engineering
Mr. William Dupler, Dep.
County Administrator,
Community Development
Colonel Thierry Dupuis,
Police Department
Mr. John Harmon,
Real Property Manager
Mr. Garrett Hart, Dir.,
Economic Development
Mr. George Hayes, Dir.,
Utilities Department
Mr. Phil Innis, Int. Dir.,
Parks and Recreation
Mr. Rob Key, Dir.,
General Services
Mr. Louis Lassiter, Asst.
County Administrator
Mr. Mike Mabe, Dir.,
Library
Mr. Stylian Parthemos,
Deputy County Attorney
Ms. Susan Pollard, Dir.,
Public Affairs
Ms. Kiva Rogers, Dir.,
Social Services
Ms. Mary Martin Selby, Dir.
HR Services
Chief Loy Senter,
Fire and EMS
Ms. Cindy Smith, Dir.,
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Risk Management
Mr. Jesse Smith, Dir.,
Transportation
Ms. Sarah Snead, Dep.
County Administrator
Human Services
Mr. Kirk Turner, Dir.,
Planning
Mr. Rick Witt,
Building Official
Mr. Scott Zaremba, Dir.,
Human Resources Programs
1. APPROVAL OF MINUTES
Ms. Blakley stated the minutes for April 13, 2015 are not
ready for the Board's approval due to the appropriations
resolution still being finalized. She further stated the
April 13 and April 27 minutes will be presented for the
Board's approval at the May 25 meeting.
2. COUNTY ADMINISTRATOR'S COMMENTS
2.A. COUNTY ADMINISTRATOR'S REPORT
• Mr. Stegmaier stated Fort Lee is not only a great
economic engine for Central Virginia and the Tri -Cities,
but a great community partner with Chesterfield County.
He further stated last year Fort Lee welcomed Brigadier
General Kurt Ryan as he took charge of the Ordnance
Corps and School as the 39th Chief of Ordnance. He stated
his almost 30 -year career in command and staff positions
has allowed him to participate in numerous operations in
defense of freedom and liberty. He then welcomed
Brigadier General Ryan to the podium to address the
Board. Brigadier General Ryan and Battalion Commander
Mannion expressed appreciation for the community
partnerships that Fort Lee is involved in with
Chesterfield County and Chesterfield County Public
Schools.
Mr. Elswick expressed his appreciation to Brigadier General
Ryan for his service to the county and devoted service to the
nation. He also thanked Battalion Commander Sue Mannion for
her involvement with the county and Chesterfield County
Public Schools.
Mr. Stegmaier reported for more than 35 years the
American Water Works Association and its affiliate
members have celebrated "Drinking Water Week" during the
first week of May. He then shared a video depicting
Chesterfield's water sources as well as its most
important resource, its employees.
• Mr. Stegmaier stated Chesterfield County continues to
enjoy a very special relationship with county volunteers
and is proud of the contributions made by each of them.
He further stated because of the tremendous work county
volunteers do alongside county employees, the county is
able to provide exceptional services and programs to
residents on a daily basis. Volunteers then presented a
facsimile of a check in the amount of $3,537,000,
representing the value of volunteer hours provided
during 2015.
3. BOARD MEMBER REPORTS
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Mr. Winslow announced 3,000 triploid grass carp are scheduled
to be released tomorrow in the Swift Creek Reservoir to
maintain the hydrilla growth. He thanked Mr. George Hayes and
his staff for their efforts relative to the plan.
Ms. Haley announced she attended ChamberRVA's annual
intercity visit to San Diego with other local business,
government and nonprofit leaders last week.
Mr. Winslow, Ms. Jaeckle, and Mr. Holland wished a happy
Administrative Professionals Day to Mrs. Blakley, Ms. Conley,
Mrs. Hall and county staff.
4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
On motion of Mr. Holland, seconded by Ms. Haley, the Board
replaced Item 8.B.14., Request for Music/Entertainment
Festival Permit from the Chesterfield County Fair
Association; and added Item 8.B.16., Acceptance of Parcels of
Land Along Midlothian Turnpike from Winterfield Crossing,
LLC.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
S. RESOLUTIONS
S.A. RECOGNIZING ROBERT AND MARNIE BROWN AS CHESTERFIELD
COUNTY'S 2016 TREASURED VOLUNTEERS
Ms. Selby introduced Robert and Marnie Brown, who were
present to receive the resolution.
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, Robert and Marnie Brown are recognized as
volunteers and valued contributors to Chesterfield County's
Planning Department; and
WHEREAS, Mr. and Mrs. Brown have served on various
Planning Department committees and regularly assist with sign
postings for citizen notifications of cases pending before
the Board of Supervisors, the Board of Zoning Appeals and the
Planning Commission; and
WHEREAS, Mr. and Mrs. Brown bring a high level of
technical expertise to their volunteer roles, often
explaining the upcoming process to property owners who ask
questions regarding cases in their neighborhoods; and
WHEREAS, Mr. and Mrs. Brown have contributed to positive
change in many ways, such as participating in the creation of
The Chesterfield Residential Community Quality Standards
Guidelines; and
WHEREAS, Mr. and Mrs. Brown exemplify dedication and
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diligence by handling their volunteer activities in a way
that allows Planning staff to focus on other
responsibilities, thus adding to the success of the
department; and
WHEREAS, Mr. and Mrs. Brown are described as
irreplaceable resources to the Planning Department.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 27th day of April 2016,
publicly recognizes Robert and Marnie Brown, as Chesterfield
County's 2016 Treasured Volunteers.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Mr. and Mrs. Brown and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
Ms. Jaeckle presented the executed resolution to Mr. and Mrs.
Brown and highly praised them for being exemplary volunteers
and valuable contributors to Chesterfield County.
Mr. Kirk Turner, Director of Planning, expressed his
appreciation to Mr. and Mrs. Brown for their diligence in
activities that helped Planning Department staff focus on
other responsibilities.
Senator Amanda Chase commended Mr. and Mrs. Brown for their
outstanding volunteerism and continued dedication to
Chesterfield County.
Mr. Stegmaier highly praised Mr. and Mrs. Brown for their
volunteerism and dedication to the county.
5.B. RECOGNIZING MAY 2016 AS "OLDER AMERICANS MONTH" IN
CHESTERFIELD COUNTY
Ms. Leidheiser introduced Miss Lia Green, Mr. Rubaiyet
Hossain, Miss Gabriel Mayor -Mora, Miss Shauntel Samuels, Miss
Victoria Baird, Miss Morgan Garrett, Miss Ella Searce, Miss
Olivia Woodson, Mr. Travis Daniel Booth, Miss Anaiya
Winfield, Mr. Christian Washington, and Miss Victoria Garza
who were present to receive the resolutions.
On motion of Mr. Winslow, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Chesterfield County includes a thriving
community of older Americans who deserve recognition for
their contributions to our nation; and
WHEREAS, Chesterfield County and the Office of the
Senior Advocate recognizes that older adults are
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trailblazers, advocating for themselves, their peers, and
their communities, and paving the way for future generations;
and
WHEREAS, Chesterfield County is committed to raising
awareness about issues facing older Americans and helping all
individuals to thrive in communities of their choice for as
long as possible; and
WHEREAS, we appreciate the value of inclusion and
support in helping older adults successfully contribute to
and benefit from their communities; and
WHEREAS, our community can provide opportunities to
enrich the lives of individuals of all ages by promoting and
engaging in activity, wellness and social involvement,
emphasizing home- and community-based services that support
independent living, ensuring community members can benefit
from the contribution and experience of older adults; and
WHEREAS, many organizations and Chesterfield County
departments provide services and programs to help older
residents in Chesterfield County lead active, fulfilling and
independent lives and to remain in their homes.
WHEREAS, Chesterfield TRIAD declares May 4, as Senior
Day in Chesterfield County; and
WHEREAS, the Senior Advocate's office sponsored an essay
contest for fourth and fifth grade Chesterfield County
students to acknowledge positive older adult role models,
celebrate intergenerational relationships and demonstrate
good writing skills, and Lia Green of Winterpock Elementary
School is being recognized as the grand prize winner of the
contest in which she acknowledged her great -grandma; and
WHEREAS, the following students are being recognized as
the school winners in the contest: Rubaiyet Hossain, Bellwood
Elementary; Gabriel Mayor -Mora, Bettie Weaver Elementary;
Tavi Berger, Bon Air Elementary; Shauntel Samuels, C. C.
Wells Elementary; Victoria Baird, Clover Hill Elementary;
Morgan Garrett, Crestwood Elementary; Ella Searce, Gordon
Elementary; Olivia Woodson, Jacobs Road Elementary; Travis
Daniel Booth, J. G. Hening Elementary School; Anaiya
Winfield, Matoaca Elementary; Christian Washington, Robious
Elementary; Victoria Garza, Winterpock Elementary; and
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, recognizes May 2016 as "Older
Americans Month" in Chesterfield County and urges every
resident to take time this month to acknowledge older adults
and the people who serve them as powerful and vital
individuals who greatly contribute to our community.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
Mr. Elswick congratulated the school contest winners and
stressed the importance of recognizing older adults and the
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loved ones who inspired their essays.
Each student introduced themselves and shared their
inspiration for the essay.
5.C. RECOGNIZING MR. STANLEY B. NEWCOMB, TRANSPORTATION
DEPARTMENT, UPON HIS RETIREMENT
Mr. John McCracken, former Director of Transportation,
introduced Mr. Stanley B. Newcomb, who was present to receive
the resolution.
On motion of Mr. Winslow, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, Mr. Stanley B. Newcomb, as a young boy, was
introduced to many aspects of transportation by his father,
Bill Newcomb, who was a resident engineer with the Virginia
Department of Transportation (VDOT); and
WHEREAS, as a high school student, Mr. Newcomb was hired
by VDOT during the summer months to assist the Fredericksburg
District Materials Section; and
WHEREAS, in 1976, Mr. Newcomb began his full-time career
with the VDOT Richmond District as an Inspector Trainee, and
was quickly promoted to an Inspector and assigned to major
construction projects, including the Interstate 95 -Bells Road
and Chippenham Parkway widening projects; and
WHEREAS, in 1989, Mr. Newcomb was sought after and -IJ
strongly recruited by Chesterfield County's Director of
Transportation, and was then hired in September of that year
as a Civil Engineer; and
WHEREAS, one of Mr. Newcomb's initial assignments with
the Transportation Department was the review of new
residential development proposals to ensure transportation
impacts were mitigated by requiring infrastructure
improvements; and
WHEREAS, Mr. Newcomb's dedication, hard work and
commitment to the county earned him promotions over the years
to Senior Civil Engineer, Principal Engineer and his current
position with the department as an Engineering Supervisor;
and
WHEREAS, Mr. Newcomb was personally involved in the
delivery of hundreds of construction projects that total a
quarter of a billion dollars, which have greatly benefitted
the citizens of Chesterfield County; and
WHEREAS, Mr. Newcomb played a key role in the
construction of new roadways supporting economic development
in the county, including the Airport Industrial Park, Ashton
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Creek Industrial Park, Ruffin Mill Industrial Park, River's
Bend Industrial Park, and Meadowville Technology Park; and
WHEREAS, Mr. Newcomb has improved the safety of many
secondary roads in the county such as Bailey Bridge Road,
Qualla Road, Newbys Bridge Road, Spring Run Road and River
Road; and
WHEREAS, Mr. Newcomb has helped many residents in the
county "get out of the dust" by paving dirt roads, including
kw Lindburg Drive, Celestial Lane, Walkes Quarter Road, Coalboro
Road, Marobrith Road and Wild Turkey Run; and
WHEREAS, Mr. Newcomb quickly restored access to a voting
precinct on Woodmont Road following Hurricane Gaston, and
provided a permanent and much needed emergency access to the
Millside community; and
WHEREAS, Mr. Newcomb ensured that traffic flowed
smoothly as he managed various phases of widening projects on
Robious Road, Route 360, Courthouse Road and Genito Road; and
WHEREAS, Mr. Newcomb improved pedestrian accessibility
with the construction of sidewalks along Spirea Road, Route
60 in the Village of Midlothian and Route 10 at the county
complex; and
WHEREAS, Mr. Newcomb managed a very complex project to
widen Route 10 from Interstate 95 to Ware Bottom Spring Road,
valued at approximately $30 million and funded with county
bond funds and federal stimulus dollars; and
WHEREAS, Mr. Newcomb has received numerous commendations
and expressions of appreciation from customers as a result of
his sincere and competent interactions; and
WHEREAS, Mr. Newcomb has always provided wise counsel to
his co-workers who have relied on his vast expertise and
experience to assist them with many of their own assignments;
and
WHEREAS, Mr. Newcomb's successful career is due to his
commitment to process improvements and his tireless efforts
to invest the time needed to deliver projects of high
quality, which were on time and within budget; and
WHEREAS, as a result of his long history of achievements
as a transportation civil engineer, Mr. Newcomb has been
labeled by many as "Stan the Road Man"; and
WHEREAS, Mr. Newcomb will be profoundly missed by many,
and most especially the Transportation Department staff, for
his many years of outstanding professional service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 27th day of April 2016,
publicly recognizes the outstanding contributions of Mr.
Stanley B. Newcomb, expresses appreciation'on behalf of all
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residents for his dedicated and faithful service for 26 years
to the county, congratulates him upon his retirement, and
wishes him the best for a long and happy retirement.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Mr. Newcomb and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
Mr. Elswick presented the executed resolution to Mr. Newcomb
and commended him on his many years of loyal and dedicated
service to Chesterfield County.
Ms. Jaeckle, Mr. Holland, Ms. Haley and Mr. Winslow expressed
their appreciation to Mr. Newcomb for his vast knowledge and
valuable professionalism and highly praised his many
contributions to the community.
Mr. Stegmaier presented Mr. Newcomb with an acrylic statue
and county watch, expressed appreciation for his exceptional
and faithful service to the county and wished him well in his
retirement.
Mr. Newcomb, accompanied by family, expressed his
appreciation to the Board for the recognition and kind
sentiments.
6. WORK SESSIONS
6.A. RICHMOND REGION METROPOLITAN TRANSPORTATION PLAN
(PLAN2 0 4 0 )
Ms. Barbara Nelson, Director of Transportation, MPO and Urban
Transportation Planning Richmond Regional Transportation
Planning Division, provided a presentation to the Board about
the Metropolitan Transportation Plan (MTP). She stated the
Federal Highway Administration requires Transportation
Planning Organizations to compile a 20 -year plan of
anticipated transportation improvements for their region. She
further stated the MTP is not a funding document; it is a
vision plan. She stated projects of regional significance and
those utilizing federal funds must be included in the MTP.
She further stated the MTP is required to be updated every
four to five years. She stated work on the update is
currently underway by the Transportation Planning
Organization staff and the MTP Advisory Committee.
Mr. Holland expressed appreciation to Ms. Nelson for the
informative presentation. He stressed the importance of
advocating for additional funding for maintenance of
roadways.
7. DEFERRED ITEMS
9
There were no Deferred Items at this time.
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8. NEW BUSINESS
8.A. APPOINTMENTS
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
suspended its rules to allow simultaneous nomination/
reappointment of members to serve on the Camp Baker
Management Board.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.A.1. CAMP BAKER MANAGEMENT BOARD
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
simultaneously nominated/ reappointed Mr. Vincent Burgess and
Mr. Dabney Short to serve on the Camp Baker Management Board.
Mr. Winslow noted Mr. Burgess is a remarkable asset to the
county and encouraged his reappointment for nomination.
Ms. Jaeckle stressed the importance of members, involvement
and dedication to the Camp Baker Management Board.
Mr. Elswick called for a vote on the motion made by Ms.
Jaeckle, seconded by Mr. Winslow, for the Board to
simultaneously nominate/reappoint Mr. Vincent Burgess and Mr.
Dabney Short to serve on the Camp Baker Management Board,
whose terms are effective May 1, 2016 and will expire on
April 30, 2019.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B. CONSENT ITEMS
8.B.1. ADOPTION OF RESOLUTIONS
8.B.l.a. RECOGNIZING THE DEDICATION OF SEAN MILES RUN IN
MEMORY OF SERGEANT SEAN H. MILES
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
adopted the following resolution:
WHEREAS, Sergeant Sean H. Miles of Midlothian, Virginia
was born on October 18, 1977; and
WHEREAS, Sergeant Miles attended Clover Hill High
School, building a reputation as a fierce competitor on the
football field, and graduating in 1996; and
WHEREAS, Sergeant Miles enlisted in the United States
Marine Corps upon his graduation from high school; and
WHEREAS, after volunteering for combat duty, Sergeant
Miles deployed to Iraq, with the 2nd Battalion, 2nd Marine
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Regiment of the 2nd Marine Division and participated in more
than 200 combat missions during his time in Iraq; and
WHEREAS, on January 24, 2006, while on dismounted patrol
near A1-Karmah, Iraq, Sergeant Miles died from wounds
sustained while engaging the enemy, deliberately positioning
himself to protect Marines in his squad; and
WHEREAS, for his heroic action, Sergeant Miles was
awarded the Bronze Star with Combat Distinguishing Device;
and
WHEREAS, Sergeant Miles gave his life in defense of a
grateful nation; and
WHEREAS, the Chesterfield County Board of Supervisors
wishes to memorialize the life and the sacrifices of Sergeant
Sean H. Miles.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors publicly recognizes the ultimate
sacrifice made by Sergeant Sean H. Miles, and hereby
dedicates "Sean Miles Run" in honor of his selfless service.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.l.b. RECOGNIZING MAY 6-12 AS "NATIONAL NURSES WEEK" IN
CHESTERFIELD COUNTY
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
adopted the following resolution:
WHEREAS, since 1994, the United States Congress has
designated that National Nurses Week be celebrated each year
from May 6, National Nurses Day, to May 12, the anniversary
of the birthday of Florence Nightingale, the founder of
modern nursing; and
WHEREAS, nurses are on the front lines of healthcare in
Chesterfield County, providing quality healthcare and patient
advocacy to the sick and ailing throughout our community; and
WHEREAS, nurses work tireless hours in a variety of
locations throughout Chesterfield County, including our
community's hospitals, clinics, labs, schools, emergency
rooms, shelters, assisted living facilities, skilled nursing
facilities and long-term care facilities; and
WHEREAS, professional nursing care is indispensable to
the citizens of Chesterfield County and we are indebted to
nurses for their commitment to caregiving and life-sustaining
services, which improve the overall quality of life for our
residents.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Chesterfield County hereby joins the United
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States Congress in celebrating National Nurses Week and
recognizing and honoring nurses for following in the
footsteps of Florence Nightingale.
AND, BE IT FURTHER RESOLVED that the Board of
Supervisors hereby expresses its gratitude to our local
nurses for the critical work they perform in providing
professional care and bringing better health to the residents
of our great county.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.l.c. RECOGNIZING MAY 15-21, 2016, AS "EMERGENCY MEDICAL
SERVICES WEEK" IN CHESTERFIELD COUNTY
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
adopted the following resolution:
WHEREAS, providing emergency medical services is a vital
public function; and
WHEREAS, the members of emergency medical services are
ready to provide high quality lifesaving care to those in
need twenty-four hours a day, seven days a week; and
WHEREAS, immediate access to high quality emergency care
dramatically improves the survival and recovery rate of those
who experience sudden illness or injury; and
WHEREAS, injury prevention and the appropriate use of
the EMS system will help reduce national health care costs;
and
WHEREAS, the emergency medical service is comprised of
emergency physicians, emergency nurses, emergency medical
technicians, paramedics, firefighters, communications
officers, educators, administrators and others; and
WHEREAS, working together, Chesterfield County's
emergency crews responded to more than 29,000 medical
emergencies in 2015, representing countless hours of
dedicated service to the community; and
WHEREAS, the members of emergency medical services,
whether career or volunteer, engage in many hours of
specialized training and continuing education to enhance
their lifesaving skills; and
WHEREAS, the residents and guests of Chesterfield County
benefit daily from the knowledge, skills, and dedication of
these highly trained individuals; and
WHEREAS, it is appropriate to recognize the value and
the accomplishments of the emergency medical services
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providers from Chesterfield Fire and EMS, Defense Supply
Center Richmond, Chesterfield County's Emergency
Communications Center, and the volunteer rescue squads of
Bensley -Bermuda, Ettrick-Matoaca, Forest View, and
Manchester.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the week of May 15-21,
2016, as "Emergency Medical Services Week" in Chesterfield
County.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.l.d. RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT
8.B.1.d.1. MS. PHYLLIS D. SMITH, DEPARTMENT OF GENERAL
SERVICES, BUILDINGS AND GROUNDS DIVISION
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
adopted the following resolution:
WHEREAS, Ms. Phyllis D. Smith was hired by Chesterfield
County, on April 25, 1994, in the Department of General
Services' Buildings and Grounds Division as a custodian; and
WHEREAS, Ms. Smith was a team player, role model and an
example for others, as well as an asset to the Department of
General Services and to Chesterfield County; and
WHEREAS, Ms. Smith's commitment to a high standard of
personal and professional behavior contributed to the
strategic goals of the Buildings and Grounds Division; and
WHEREAS, Ms. Smith was committed to her work and
produced high quality service while maintaining a "can -do"
attitude; and
WHEREAS, Ms. Smith applied her skills, knowledge and
experience to perform tasks effectively and improve customer
satisfaction; and
WHEREAS, Ms. Smith was able to analyze situations to
determine the best course of action for the good of the
organization; and
WHEREAS, Ms. Smith continuously looked for ways to
improve job tasks and initiated changes to improve
efficiency; and
WHEREAS, Ms. Smith contributed to a safe and healthy
working environment and practiced environmentally friendly
housekeeping procedures; and
WHEREAS, Ms. Smith loved working with people and
maintained effective working relationships with co-workers;
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and
WHEREAS, Ms. Smith's polite and friendly manner was a
positive influence on others; and
WHEREAS, Ms. Smith responded to concerns and emergencies
in a timely manner to ensure areas were safe for customers;
and
WHEREAS, Ms. Smith received many compliments from
internal customers for outstanding job performances, which
reflected a positive image of the department.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Ms. Phyllis D. Smith, expresses the
appreciation of all residents for her service to Chesterfield
County, and extends appreciation for her dedicated service to
the county and congratulations upon her retirement, as well
as best wishes for a long and happy retirement.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.1.d.2. MR. BENNIE A. JEFFERSON, UTILITIES DEPARTMENT
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
adopted the following resolution:
WHEREAS, Mr. Bennie Jefferson will retire from the
Chesterfield County Utilities Department on May 1, 2016; and
WHEREAS, Mr. Jefferson began his public service with
Chesterfield County on April 11, 1983, when he was hired by
the Chesterfield Utilities Department as a Laborer I; and
WHEREAS, Mr. Jefferson was promoted several times within
his division and has served faithfully as a Senior Utility
Worker from 1992 until his retirement; and
WHEREAS, Mr. Jefferson assisted in hundreds of repairs
to water distribution lines and associated appurtenances; and
WHEREAS, Mr. Jefferson focused on providing world-class
customer service by consistently meeting or exceeding
customer expectations; and
WHEREAS, Mr. Jefferson continuously utilized his
knowledge and experience with mainline repair techniques to
provide water service that was safe, reliable and
environmentally sound; and
WHEREAS, Mr. Jefferson willingly and faithfully worked
after hours and during emergencies to restore water service
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to customers regardless of weather conditions or the time of
day; and
WHEREAS, Mr. Jefferson was highly respected and liked by
his peers and coworkers; and
WHEREAS, throughout his career with Chesterfield County,
Mr. Jefferson displayed dependability, aptitude, good
character and values.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mr. Bennie A.
Jefferson and extends appreciation, on behalf of its members
and the citizens of Chesterfield County, for more than 33
years of exceptional service to the county.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.l.e. RECOGNIZING MAY 1-7, 2016, AS "DRINKING WATER
WEEK" IN CHESTERFIELD COUNTY
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
adopted the following resolution:
WHEREAS, Chesterfield County is joining with the
American Water Works Association to recognize Drinking Water
Week to promote the vital role water plays in our daily
lives; and
WHEREAS, the health, safety, and well-being of all
county residents is of utmost importance to the prosperity
and livelihood of our families and community; and
WHEREAS, water is a basic and essential requirement for
life, and our health and quality of life is dependent upon an
abundant supply of high quality drinking water; and
WHEREAS, Chesterfield County enjoys the benefit of the
highest quality drinking water at low cost; and
WHEREAS, tap water delivers public health protection,
fire protection, support for our economy and the quality of
life we enjoy; and
WHEREAS, any measure of a successful society - low
mortality rates, economic growth and diversity, productivity,
and public safety are tied to access to safe water; and
WHEREAS, we are all stewards of the water infrastructure
upon which future generations depend; and
WHEREAS, each citizen is called upon to protect source
waters from pollution, to practice water conservation, and to
become informed about, and involved in, decisions that affect
the quality and quantity of drinking water; and
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WHEREAS, Chesterfield County Utilities will sponsor a
variety of public communications focused on the high quality,
value, and the varied uses of the county's tap water; and
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes May 1-7, 2016, as
"Drinking Water Week" in Chesterfield County to emphasize the
vital role drinking water plays in our community each day.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.2. AWARD OF CONTRACT TO COMPASSMD, PLC, FOR
COMPREHENSIVE MEDICAL PHYSICALS FOR CAREER AND
VOLUNTEER FIREFIGHTERS
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
authorized the County Administrator to enter into a contract
for professional services with CompassMD, PLC, to perform
annual comprehensive medical physicals for career and
volunteer firefighters.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.3. STATE ROAD ACCEPTANCES
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
adopted the following resolution:
WHEREAS, the streets described below are shown on a plat
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.2-705, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: Magnolia Green Section E1
Type Change to the Secondary System miles of State Highways:
Addition
Reason for Change: New subdivision street
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Pursuant to Code of Virginia Statute: §33.2-705
Street Name and/or Route Number
• Crackerberry Drive, State Route Number 7841
From: White Daisy Loop, (Route 7730)
To: 0.09 miles south to existing Crackerberry Drive, (Route
7841), a distance of: 0.09 miles.
Recordation Reference: Plat Book 217, Page 82
Right of Way width (feet) = 50
• Crackerberry Drive, State Route Number 7841
From: White Daisy Loop, (Route 7730)
To: 0.02 miles to End of Maintenance, a distance of: 0.02
miles.
Recordation Reference: Plat Book 217, Page 82
Right of Way width (feet) = 45
• White Daisy Loop, State Route Number 7730
From: Crackerberry Drive, (Route 7841)
To: 0.03 miles existing White Daisy, (Route 7730), a
distance of: 0.03 miles.
Recordation Reference: Plat Book 217, Page 82
Right of Way width (feet) = 50
• White Daisy Loop, State Route Number 7730
From: Championship Crossing, (Route 7540)
To: Crackerberry Drive, (Route 7841), a distance of: 0.03
miles.
Recordation Reference: Plat Book 217, Page 82
Right of Way width (feet) = 60
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on a plat
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.2-705, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: Magnolia Green Section E2
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F]
Type Change to the Secondary System miles of State Highways
Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: §33.2-705
Street Name and/or Route Number
• White Daisy Loop, State Route Number 7730
From: White Daisy Court, (Route 7878)
To: 0.09 miles west to existing White Daisy Loop, (Route
7730), a distance of: 0.09 miles.
Recordation Reference: Plat Book 220, Page 45
Right of Way width (feet) = 50
• White Daisy Loop, State Route Number 7730
From: 0.03 miles west of Crackerberry Drive, (Route 7841)
To: White Daisy Court, (Route 7878), a distance of: 0.27
miles.
Recordation Reference: Plat Book 220, Page 45
Right of Way width (feet) = 50
• Shasta Daisy Trail, State Route Number 7879
From: White Daisy Loop, (Route 7730)
To: Cul -de -Sac, a distance of: 0.11 miles.
Recordation Reference: Plat Book 220, Page 45
Right of Way width (feet) = 45
• White Daisy Court, State Route Number 7878
From: White Daisy Loop, (Route 7730)
To: Cul -de -Sac, a distance of: 0.05 miles.
Recordation Reference: Plat Book 220, Page 45
Right of Way width (feet) = 45
• Crackerberry Drive, State Route Number 7841
From: 0.02m N of White daisy Loop, (Route 7730)
To: Cul -de -Sac, a distance of: 0.13 miles.
Recordation Reference: Plat Book 220, Page 45
Right of Way width (feet) = 45
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on a plat
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.2-705, Code of Virginia, and the
Department's Subdivision Street Requirements.
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AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: Windy Creek Section F
Type Change to the Secondary System miles of State Highways:
Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: §33.2-705
Street Name and/or Route Number
• Windy Creek Drive, State Route Number 5813
From: Windy Creek Terrace, (Route 7877)
To: End of Maintenance, a distance of: 0.03 miles.
Recordation Reference: Plat Book 224, Page 97
Right of Way width (feet) = 40
• Windy Creek Terrace, State Route Number 7877
From: Windy Creek Drive, (Route 5813)
To: Cul -de -Sac, a distance of: 0.09 miles.
Recordation Reference: Plat Book 224, Page 97
Right of Way width (feet) = 40
• Windy Creek Drive, State Route Number 5813
From: 0.02 mile southwest of Windy Creek Circle, (Route
5814)
To: Windy Creek Terrace, (Route 7877), a distance of: 0.05
miles.
Recordation Reference: Plat Book 224, Page 97
Right of Way width (feet) = 40
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.4. APPROVAL OF RENAMING VIRGINIA AVENUE TO SIMMONS
TRAIL LANE IN THE MATOACA DISTRICT
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
approved the renaming of Virginia Avenue to Simmons Trail
Lane in the Matoaca District.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.5. INITIATION OF APPLICATION FOR CONDITIONAL USE
PLANNED DEVELOPMENT TO PERMIT TWO SIGNS IN
CONJUNCTION WITH A MAINTENANCE USE, LOCATED WITHIN
THE RIGHT-OF-WAY OF WOOLRIDGE ROAD
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
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initiated an application for a Conditional Use Planned
Development to permit two signs within the median of
Woolridge Road causeway crossing the Swift Creek Reservoir
generally located on the vicinity sketch filed with the
papers of this Board; appointed Kirkland Turner, Director of
Planning, as the Board's agent; and waived disclosure
requirements.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.6. APPROVAL OF CONSTRUCTION CHANGE ORDER TO GULF
SEABOARD CONTRACTORS FOR THE REPLACEMENT OF
UNSUITABLE SOILS FOR THE SMITH-WAGNER BUILDING
ADDITION AND RENOVATION PROJECT
Ms. Jaeckle requested additional information and progress
reports relative to the Smith -Wagner and Police building
projects.
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
authorized the Purchasing Director to execute a change order
to Gulf Seaboard Contractors for the replacement of
unsuitable soils for the Smith -Wagner Building addition and
renovation for the Smith -Wagner Building Project in the
amount of $134,490.79.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.7. APPROVAL TO APPLY, ACCEPT, APPROPRIATE AND EXECUTE
AGREEMENT FOR GRANT FUNDS RECEIVED FROM THE
DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICES
FOR PLANNING SERVICES TO DEVELOP THE JAMES RIVER
CONSERVATION AREA
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
applied, accepted, appropriated and executed an agreement for
grant funds, in the amount of $25,000, received from the
Department of the Interior, National Park Services (NPS) for
Planning Services to develop the James River Conservation
Area.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.8. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE
MATAOCA AND CLOVER HILL DISTRICT IMPROVEMENT FUNDS
TO THE PARKS AND RECREATION DEPARTMENT TO PURCHASE
AND INSTALL AN ELECTRONIC ENTRANCE SIGN AT TOMAHAWK
CREEK MIDDLE SCHOOL
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
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transferred a total of $4,000 in District Improvement Funds
($3,000 from Matoaca and $1,000 from Clover Hill) to the
Department of Parks and Recreation to purchase and install an
electronic entrance sign at Tomahawk Creek Middle School.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.9. REQUESTS TO QUITCLAIM
8.B.9.a. PORTIONS OF A SIXTEEN -FOOT WATER EASEMENT ACROSS
THE PROPERTIES OF BB HUNT, L.L.C. AND SPECTRUM
PROPERTIES, LLC
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute quitclaim deeds to vacate
portions of a 16' water easement across the properties of BB
Hunt, L.L.C. and Spectrum Properties, LLC. (It is noted a
copy of the plat is filed with the papers of this Board.)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.9.b. A PORTION OF SIXTEEN -FOOT DRAINAGE EASEMENT AND A
PORTION OF A SIXTEEN -FOOT SEWER EASEMENT ACROSS
LOT 31, AMBERLEIGH, SECTION 3
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a 16, drainage easement and a portion of a 16'
sewer easement across Lot 31, Amberleigh, Section 3. (It is
noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.10. REQUESTS FOR PERMISSION
8.B.10.a. FROM GRANT H. CALDWELL AND ELIZABETH A. CALDWELL
TO INSTALL A PRIVATE WATER SERVICE WITHIN A
PRIVATE EASEMENT TO SERVE PROPERTY ON WELBY TURN
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
granted Grant H. Caldwell and Elizabeth A. Caldwell
permission to install a private water service within a
private easement, and authorized the County Administrator to
execute the water connection agreement. (It is noted a copy
of the plat is filed with the papers of this Board.)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.10.b. FROM MATTHEW BENJAMIN LESSICK AND KATRINA ALICIA
ROXANNE ELIZABETH SAPP-LESSICK FOR A PRIVACY FENCE
TO ENCROACH WITHIN AN EIGHT -FOOT EASEMENT ACROSS
LOT 10, BRIARCLIFF, SECTION 5
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
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granted Matthew Benjamin Lessick and Katrina Alicia Roxanne
Elizabeth Sapp-Lessick permission for a privacy fence to
encroach within an 8' easement across Lot 10, Briarcliff,
Section 5, 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: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.10.c. FROM WJS HOLDINGS LLC FOR A PROPOSED BULKHEAD,
PLANTINGS AND RIP -RAP TO ENCROACH IN THE
IMPOUNDMENT EASEMENT FOR SWIFT CREEK RESERVOIR
On motion of Ms. Jaeckle, seconded by M:
granted WJS Holdings LLC permission for
plantings and rip -rap to encroach in the
for Swift Creek Reservoir, subject to
license agreement. (It is noted a copy
with the papers of this Board.)
Winslow, the Board
a proposed bulkhead,
impoundment easement
the execution of a
of the plat is filed
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.11. APPROVAL OF CHANGES IN THE SECONDARY SYSTEM OF STATE
HIGHWAYS AS A RESULT OF THE ROUTE 288 PROJECT
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
adopted the following resolution requesting changes in the
Secondary System of State Highways as a result of the Route
288 Project, 0288-020-105 C504 Remainder:
WHEREAS, the Virginia Department of Transportation has
completed project 0288-020-105 C504 Remainder and provided a
sketch and VDOT Form AM -4.3 to the Board of Supervisors which
define adjustments required in the Secondary System of State
Highways as a result of the construction, which sketch and
form are incorporated herein by reference; and,
WHEREAS, certain segments of Matyiko Court, State Route
990, and Lucks Lane, State Route 720, appear to no longer
serve public convenience and should be abandoned as a part of
Secondary System of State Highways; and,
WHEREAS, the old road segment of Lucks Lane, State Route
720, is deemed by the Virginia Department of Transportation
to no longer provide a public convenience sufficient to
warrant maintenance at public expense and should be
discontinued as a part of the Secondary System of State
Highways; and,
WHEREAS, certain segments of Lucks Lane, Miner's Trail
Road, and Matyiko Court are ready to be accepted into the
Secondary System of State Highways.
NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors
hereby requests the Virginia Department of Transportation to
take the necessary action to abandon as part of the Secondary
System of State Highways the segment of Matyiko Court, State
Route 990, identified as Segment H - L, a distance of 0.11
miles, and the segment of Lucks Lane, State Route 720,
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identified as Segment G - J, a distance of 0.61 miles as
shown on the attached sketch and Form AM -4.3 pursuant to
Section 33.2-912, Code of Virginia; and,
BE IT FURTHER RESOLVED, the Board of Supervisors hereby
requests the Virginia Department of Transportation to take
the necessary action to discontinue as part of the Secondary
System of State Highways the segment of Lucks Lane, State
Route 720, identified as Segment B - E, a distance of 0.05
miles as shown on the attached sketch and Form AM -4.3
pursuant to Section 33.2-908, Code of Virginia; and,
BE IT FURTHER RESOLVED, the Board of Supervisors hereby
requests the Virginia Department of Transportation to take
the necessary action to add as part of the Secondary System
of State Highways the segments of Lucks Lane, identified as
Segment J - R, a distance of 0.78 miles, the segment of
Miner's Trail Road, identified as Segment C - F, a distance
of 0.05 miles, and the segment of Matyiko Court, identified
as Segment L - N, a distance of 0.47 miles as shown on the
attached sketch and Form AM -4.3 pursuant to Section 33.2-705,
Code of Virginia; and,
BE IT FURTHER RESOLVED, the Board of Supervisors hereby
requests the Commissioner of Highways certify, in writing,
that the segments of Matyiko Court and Lucks Lane requested
to be abandoned are no longer deemed necessary for uses of
the Secondary System of State Highways pursuant to Section
33.2-913, Code of Virginia; and,
BE IT FURTHER RESOLVED, that a certified copy of this
resolution be forwarded to the Permits Manager for the
Virginia Department of Transportation at 3301 Speeks Drive,
Midlothian, VA 23112.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.12. AUTHORIZATION TO TRANSFER FUNDS, APPROPRIATE FUNDS
AND AWARD A CONSTRUCTION CONTRACT AND CHANGE ORDERS
FOR THE OLD BERMUDA HUNDRED ROAD AT OLD STAGE ROAD
INTERSECTION IMPROVEMENT PROJECT
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
authorized the transfer and appropriation of $784,000 in
revenue sharing funds ($392,000 county and $392,000
additional anticipated VDOT reimbursements); authorized the
appropriation of the transfer of $54,000 from Utilities;
authorized the award of a construction contract, up to
$2,086,000, to the lowest responsive and responsible bidder;
and authorized the Director of Purchasing to execute all
necessary change orders, up to the full amount budgeted for
the Old Bermuda Hundred Road at Old Stage Road Intersection
Improvement Project.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.13. ADOPTION OF RESOLUTION AUTHORIZING THE ADVANCE
REFUNDING NOT TO EXCEED $75,000,000 OF REVENUE BONDS
AND CLOSING COSTS, AND SET A PUBLIC HEARING TO
CONSIDER APPROPRIATION NOT TO EXCEED $75,000,000 IN
PAYMENT TO THE ESCROW AGENT FOR THE ADVANCE
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REFUNDING
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
adopted the following resolution authorizing the advance
refunding not to exceed $75,000,000 of 2007 and 2009
outstanding revenue bonds and closing costs; and set a public
hearing for May 25, 2016, to consider appropriation not to
exceed $75,000,000 in payment to the escrow agent for the
advance refunding:
COUNTY OF CHESTERFIELD, VIRGINIA
TENTH SUPPLEMENTAL BOND RESOLUTION
AUTHORIZING AND PROVIDING FOR THE
ISSUANCE, SALE AND DELIVERY OF NOT TO
EXCEED $75,000,000 AGGREGATE PRINCIPAL
AMOUNT OF WATER AND SEWER REVENUE
REFUNDING BONDS, SERIES 2016, OF THE
COUNTY OF CHESTERFIELD, VIRGINIA, AND
DELEGATING TO THE COUNTY ADMINISTRATOR
CERTAIN POWERS WITH RESPECT THERETO
WHEREAS, on July 24, 1985, the Board of Supervisors
(the "Board") of the County of Chesterfield, Virginia (the
"County"), duly adopted a resolution, entitled "RESOLUTION OF
THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD,
VIRGINIA, AUTHORIZING THE ISSUANCE OF WATER AND SEWER REVENUE
BONDS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, AND PROVIDING
FOR THE SECURITY OF THE HOLDERS THEREOF" (hereinafter
referred to as the "Bond Resolution"), as amended and
supplemented from time to time, authorizing the issuance of
the "County of Chesterfield, Virginia, Water and Sewer
Revenue Bonds" (hereinafter referred to as the "Bonds"); and
WHEREAS, the Board has determined that it is
advisable for the County to authorize the issuance, sale and
delivery of one or more series of Bonds to be issued under
and pursuant to the Bond Resolution and this Tenth
Supplemental Bond Resolution in the aggregate principal
amount not to exceed $75,000,000 to be designated as the
"County of Chesterfield, Virginia, Water and Sewer Revenue
Refunding Bonds, Series 2016" (hereinafter defined as the
"2016 Bonds") for purposes of providing funds to refund and
defease all or a portion of the outstanding Water and Sewer
Revenue Bonds, Series 2007, dated May 24, 2007 (the "Series
2007 Bonds") and the Water and Sewer Revenue Bonds, Series
2009, dated May 20, 2009 (the "Series 2009 Bonds"), and all
or a portion of such other Bonds, the refunding of which
shall be recommended by the County's Financial Advisor (the
Series 2007 Bonds, the Series 2009 Bonds and any other Bonds
to be refunded with the proceeds of the 2016 Bonds are
hereinafter collectively referred to as the "Refunded
Bonds").
I NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA:
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ARTICLE I
DEFINITIONS
SECTION 1.1. Definitions. Unless the context
shall clearly indicate some other meaning, all the words and
terms used in this Tenth Supplemental Bond Resolution which
are defined in Article I of the Bond Resolution shall, for
the purposes of this Tenth Supplemental Bond Resolution, have
the respective meanings given to them in the Bond Resolution.
Unless the context shall clearly indicate some
other meaning, the following terms shall, for all purposes of
the Bond Resolution and of any certificate, resolution or
other instrument amendatory thereof or supplemental thereto
(including for all purposes of this Tenth Supplemental Bond
Resolution) and for all purposes of any opinion or instrument
or other document therein mentioned, have the following
meanings, with the following definitions to be equally
applicable to both the singular and plural forms of such
terms and vice versa:
"Bond Resolution" shall mean the resolution duly
adopted by the Board on July 24, 1985, entitled "RESOLUTION
OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD,
VIRGINIA, AUTHORIZING THE ISSUANCE OF WATER AND SEWER REVENUE
BONDS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, AND PROVIDING
FOR THE SECURITY OF THE HOLDERS THEREOF" as the same may be
amended and supplemented from time to time.
"Escrow Agent" shall mean the Trustee in its
capacity as Escrow Agent under the Escrow Deposit Agreement. �1 1141
"Escrow Deposit Agreement" shall mean the Escrow
Deposit Agreement, dated the date of delivery of the 2016
Bonds, by and between the County and the Escrow Agent.
"1986 Code" shall mean the Internal Revenue Code of
1986, as amended, and the regulations promulgated by the
United States Department of the Treasury thereunder from time
to time.
"Refunded Bonds" shall mean, collectively, all or a
portion of the Series 2007 Bonds, the Series 2009 Bonds and
any other Bonds designated by the County Administrator to be
refunded with the proceeds of the 2016 Bonds.
"Tenth Supplemental Bond Resolution" shall mean
this Tenth Supplemental Bond Resolution.
"Trustee" shall mean The Bank of New York Mellon
Trust Company, N.A., as Trustee under the Bond Resolution,
and its successors thereunder.
112016 Bonds" shall mean the Bonds authorized by 'IJ
this Tenth Supplemental Bond Resolution and issued under the
Bond Resolution and this Tenth Supplemental Bond Resolution
at any time Outstanding.
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Unless the context shall clearly indicate otherwise
or otherwise require (i) all references in this Tenth
Supplemental Bond Resolution to the Bond Resolution (without
specifying in such references any particular article, section
or subsection of the Bond Resolution) shall be to the Bond
Resolution as supplemented and amended, (ii) all references
by number in this Tenth Supplemental Bond Resolution to a
particular article or section of the Bond Resolution shall be
to the article, section or subsection of that number of the
Bond Resolution, and if such article, section or subsection
shall have been supplemented or amended, to such article,
section or subsection as so supplemented or amended and (iii)
all references by number in this Tenth Supplemental Bond
Resolution to a particular article, section or subsection of
the Tenth Supplemental Bond Resolution shall be only to the
article, section or subsection of that number of this Tenth
Supplemental Bond Resolution.
Whenever used in this Tenth Supplemental Bond
Resolution, the words "herein", "hereinbefore",
"hereinafter", "hereof", "hereunder" and other words of
similar import, refer to this Tenth Supplemental Bond
Resolution only and to this Tenth Supplemental Bond
Resolution as a whole and not to any particular article,
section or subdivision hereof, and the words "therein",
"thereinbefore", "thereof", "thereunder" and other words of
similar import, refer to the Bond Resolution as a whole and
not to any particular article, section or subdivision
thereof.
ARTICLE II
AUTHORIZATION OF ISSUANCE AND APPROVAL
OF SALE OF 2016 BONDS
SECTION 2.1. Authorization of Issuance of 2016
Bonds. (a) For the purposes of providing funds for (i) the
refunding and defeasance of all or a portion of the Refunded
Bonds as shall be determined by the County Administrator with
the advice and recommendation of the County's Financial
Advisor, (ii) the deposit, if any, into the Debt Service
Reserve Fund for the 2016 Bonds, if any, held by the Trustee,
of the amount specified in Section 2.6 of this Tenth
Supplemental Bond Resolution, and (iii) the payment of all or
a portion of the costs of issuance of the 2016 Bonds, there
are hereby authorized to be issued, and shall be issued,
under and secured by the Bond Resolution, including this
Tenth Supplemental Bond Resolution, one or more series of
Bonds in the aggregate principal amount not to exceed
$75,000,000, to be designated as the "County of Chesterfield,
Virginia, Water and Sewer Revenue Refunding Bonds, Series
2016" (herein defined and referred to as the "2016 Bonds").
(b) The 2016 Bonds shall be dated the date of
their delivery, shall be issued in one or more series from
time to time in fully registered form, shall be in the
denomination of $5,000 or any integral multiple thereof and
shall be numbered or lettered, or both, as shall be
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determined by the Trustee, which numbers or letters shall
have the letter "R" prefixed thereto. The 2016 Bonds shall
mature and become due and payable on such date or dates not
exceeding forty (40) years from their date and in such
principal amounts on each such date as shall be determined by
the County Administrator, and shall bear interest from their
date at the rates per annum determined by the County
Administrator as hereinafter provided, payable semiannually
on each May 1 and November 1, commencing on the date
determined at the time of sale of the 2016 Bonds.
(c) Subject to the provisions of Section 2.3
hereof, principal of each 2016 Bond shall be payable to the
registered owner thereof at the principal office of the
Trustee upon presentation and surrender of such 2016 Bond.
Subject to the provisions of Section 2.3 hereof, interest on
each 2016 Bond shall be paid by the Trustee as Paying Agent
for the 2016 Bonds to the registered owner thereof as shown
on the books of registry maintained by the Trustee as
Registrar for the 2016 Bonds, as of the close of business on
the fifteenth (15th) day of the calendar month next preceding
each interest payment date, by check or draft mailed to such
registered owner or, upon the request of the registered owner
of more than $1,000,000 principal amount of the 2016 Bonds,
by wire transfer.
(d) Subject to the provisions of Section 2.3
hereof, the 2016 Bonds shall be exchangeable for other 2016
Bonds in fully registered form, all as provided in Section
3.3 of the Bond Resolution. The 2016 Bonds may contain such
variations, omissions and insertions as are incidental to
such differences in their numbers, denominations and forms.
(e) The Trustee is hereby appointed as the
Registrar and the Paying Agent for the 2016 Bonds.
SECTION 2.2. Redemption of 2016 Bonds. (a)
Subject to the provisions of Section 2.5 hereof, the 2016
Bonds shall be subject to optional and mandatory redemption
prior to their stated maturities upon such terms and
conditions as shall be determined by the County
Administrator.
(b) (i) Notice of the redemption of any 2016
Bonds shall be given in accordance with the provisions of
Section 6.5 of the Bond Resolution.
(ii) If less than all the 2016 Bonds of a
maturity are to be redeemed, the Bonds of such
maturity to be redeemed shall be selected as
provided in Section 6.4 of the Bond Resolution.
(iii) Any redemption of 2016 Bonds shall
have the effect as is provided in Section 6.6 of
the Bond Resolution.
SECTION 2.3. Execution and Form of 2016 Bonds;
Book -Entry -Only System. (a) The 2016 Bonds shall be
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0
executed and authenticated in the manner and with the effect
set forth in Section 3.10 of the Bond Resolution.
(b) The 2016 Bonds shall be issuable in one or
more series from time to time in the form, denominations and
maturities and with the interest rates specified in, or
determined in accordance with the provisions of, this Tenth
Supplemental Bond Resolution.
(c) CUSIP identification numbers shall be printed
on the 2016 Bonds, but such numbers shall not be deemed to be
a part of the 2016 Bonds or a part of the contract evidenced
thereby and no liability shall hereafter attach to the County
or any of the officers or agents thereof because of or on
account of such CUSIP identification numbers.
(d) The 2016 Bonds shall be issued, upon initial
issuance, in fully registered form and registered in the name
of Cede & Co., as nominee of The Depository Trust Company,
New York, New York ("DTC"), as registered owner of the 2016
Bonds, and delivered in the custody of DTC. One fully
registered 2016 Bond for the principal amount of each
maturity shall be registered to Cede & Co. Beneficial owners
of 2016 Bonds shall not receive physical delivery of 2016
Bonds. Individual purchases of 2016 Bonds may be made in
book -entry form only in principal amounts of $5,000 and
integral multiples thereof. Principal and interest payments
on the 2016 Bonds shall be made by wire transfer to DTC or
its nominee as registered owner of such 2016 Bonds on the
applicable payment date.
Transfers of principal and interest payments and.
redemption proceeds to the participants of DTC, which include
securities brokers and dealers, banks, trust companies,
clearing corporations and certain other organizations (the
"Participants") shall be the responsibility of DTC.
Transfers of principal and interest payments and redemption
proceeds to beneficial owners of the 2016 Bonds by the
Participants is the responsibility of the Participants and
other nominees of such beneficial owners. The Trustee shall
notify DTC of any notice required to be given pursuant to the
Bond Resolution, as supplemented by this Tenth Supplemental
Bond Resolution, not less than fifteen (15) calendar days
prior to the date upon which such notice is required to be
given; provided that the failure to provide such notice to
DTC shall not invalidate any action taken or notice given by
the Trustee hereunder.
Transfers of ownership interests in the 2016 Bonds
shall be made by DTC and its Participants, acting as nominees
of the beneficial owners of the 2016 Bonds, in accordance
with rules specified by DTC and its Participants. The
Trustee makes no assurances that DTC, its Participants or
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other nominees of the beneficial owners of the 2016 Bonds
shall act in accordance with such rules or on a timely basis.
(e) Replacement 2016 Bonds (the "Replacement 2016
Bonds") shall be issued directly to beneficial owners of 2016
Bonds rather than to DTC, or its nominee, but only in the
event that:
(i) DTC determines not to continue to act as
securities depository for the 2016 Bonds; or
(ii) The Trustee has advised DTC• of its
determination that DTC is incapable of discharging
its duties; or
(iii) The Trustee has determined that it is in
the best interest of the beneficial owners of the
2016 Bonds not to continue the book -entry system of
transfer.
Upon occurrence of the events described in clause (i) or (ii)
above the Trustee shall attempt to locate another qualified
securities depository. If the Trustee fails to locate
another qualified securities depository to replace DTC, the
Trustee shall execute and deliver Replacement 2016 Bonds
substantially in the form set forth in Exhibit A attached
hereto to the Participants. In the event the Trustee makes
the determination noted in clause (ii) or (iii) above (the
Trustee undertakes no obligation to make any investigation to
determine the occurrence of any events that would permit the
Trustee to make any such determination) and has made
provisions to notify the beneficial owners of 2016 Bonds by
mailing an appropriate notice to DTC, the Trustee shall
execute and deliver Replacement 2016 Bonds substantially in
the form set forth in Exhibit A attached hereto to any
Participants making a request for such Replacement 2016
Bonds. The Trustee shall be entitled to rely on the records
provided by DTC as to the Participants entitled to receive
Replacement 2016 Bonds. Principal of and interest on the
Replacement 2016 Bonds shall be payable as provided in
Section 2.1(c) hereof, and such Replacement 2016 Bonds will
be transferable and exchangeable in accordance with Sections
3.3 through 3.6, inclusive, of the Bond Resolution.
(f) The 2016 Bonds shall be in substantially the
form set forth in Exhibit A attached hereto.
SECTION 2.4. Preparation and Distribution of
Preliminary Official Statement and Preparation, Execution and
Delivery of Official Statement; Preliminary Official
Statement "Deemed Final" for Purposes of Rule 15c2-12 of the
Securities and Exchange Commission. (a)The County
Administrator and other appropriate officials and employees
of the County are hereby authorized and directed to prepare
and distribute or disseminate, or cause to be prepared and
distributed or disseminated, to prospective purchasers of the
2016 Bonds, a Preliminary Official Statement relating to each
series of the 2016 Bonds (the "Preliminary Official
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a
Statement"). All actions taken by the officials, employees,
agents and attorneys of the County with respect to the
preparation and distribution or dissemination of such
Preliminary Official Statement prior to the date hereof are
hereby approved, ratified and confirmed.
(b) The County Administrator and other appropriate
officials and employees of the County are hereby authorized
and directed to prepare, or to cause to be prepared, an
Official Statement relating to each series of the 2016 Bonds
(the "Official Statement"), such Official Statement to be in
substantially the form of the Preliminary Official Statement
authorized hereby with the completion therein of the
information with respect to the maturities of and the
interest rates to be borne by the 2016 Bonds as specified by
the successful bidder for the 2016 Bonds and other definitive
details of the 2016 Bonds determined upon the sale of the
2016 Bonds to the successful bidder therefor.
(c) The County Administrator is hereby authorized
to execute and deliver to the purchasers of the 2016 Bonds,
the Official Statement relating to the 2016 Bonds in
accordance with the provisions of the Notice of Sale relating
to the 2016 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
15c2-1211) except for the omission of certain information
permitted to be omitted by Rule 15c2-12. The County
Administrator is hereby authorized to execute and deliver to
the purchasers of the 2016 Bonds, a certificate dated the
date of the Preliminary Official Statement stating that the
Preliminary Official Statement is "deemed final" as of its
date by the County for purposes of Rule 15c2-12.
SECTION 2.5. Sale of 2016 Bonds. (a) There is
hereby delegated to the County Administrator authority,
without further action by the Board, to sell the 2016 Bonds
authorized for issuance under this Tenth Supplemental Bond
Resolution in accordance with the provisions hereof at
competitive sale at such price and on such other terms and
conditions as shall be provided in the Notice of Sale
relating to the 2016 Bonds. The County Administrator is
hereby authorized to cause to be prepared and distributed
(via electronic dissemination or otherwise) a Notice of Sale
relating to the 2016 Bonds in such form and containing such
provisions as the County Administrator shall deem advisable
with the advice and recommendation of the County's Financial
Advisor, the County Attorney and Bond Counsel.
(b) The County Administrator is hereby authorized
to receive bids for the purchase of the 2016 Bonds and,
without further action by the Board, to accept the bid
offering to purchase the 2016 Bonds at the lowest true
interest cost to the County, computed in accordance with the
provisions of the Notice of Sale; provided (i) that such bid
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is in conformity with the Notice of Sale, (ii) that the true
interest cost to the County as specified in such bid is not
in excess of six percent (6.00%), (iii) that the premium
payable upon the redemption of the 2016 Bonds shall not
exceed two percent (2.00%), and (iv) that prior to the
acceptance of any bid, the County shall have received the
good faith deposit specified in the Notice of Sale. The
County Administrator is hereby further authorized to
determine, or to modify the provisions of this Tenth
Supplemental Bond Resolution with respect to, the dated date
of the 2016 Bonds, the series designation(s) of the 2016
Bonds, the interest payments dates for the 2016 Bonds, the
dates on which the 2016 Bonds shall mature and the principal
amount of the 2016 Bonds maturing on each such maturity date,
and to fix the rates of interest to be borne by the 2016
Bonds of each maturity as specified in the bid accepted by
the County Administrator in accordance with the immediately
preceding sentence.
(c) The County Administrator, the Director of
Accounting and the County Attorney are hereby authorized to
execute and deliver to the purchasers of the 2016 Bonds one
or more certificates in the forms provided for in the
Official Statement relating to the 2016 Bonds.
(d) The County Administrator, acting with the
advice and recommendation of the County's Financial Advisor,
and based upon market conditions at the time of sale of the
2016 Bonds, shall determine whether the 2016 Bonds shall be
secured by a Debt Service Reserve Fund. If the 2016 Bonds
are to be secured by a Debt Service Reserve Fund, the Debt
Service Reserve Fund Requirement shall be determined as
provided in Section 2.10 hereof. If the 2016 Bonds are not to
be secured by a Debt Service Reserve Fund, the Debt Service
Reserve Fund Requirement for the 2016 Bonds shall be deemed
to be zero for all purposes under the Bond Resolution.
SECTION 2.6. Application of Proceeds of 2016
Bonds. The proceeds of sale of the 2016 Bonds received by
the County, together with other available moneys of the
County, shall be applied as follows: (i) the amount required
to refund and defease the Refunded Bonds shall be deposited
with the Escrow Agent and applied as provided in the Escrow
Deposit Agreement; (ii) the amount, if any, equal to the Debt
Service Reserve Requirement for the 2016 Bonds shall be
deposited with the Trustee and applied to the Debt Service
Reserve Find, if any, for the 2016 Bonds; and (iii) the
amount, if any, to be applied to pay costs of issuance of the
2016 Bonds shall be deposited and applied at the direction of
the County to pay costs of issuance of the 2016 Bonds.
SECTION 2.7. Investment of Funds and Accounts
Under the Bond Resolution. In accordance with Section
5.11(c)(ii) of the Bond Resolution, it is hereby provided
that all income or interest earned and gains realized in
excess of losses suffered by a Fund or Account held by the
Trustee or the Treasurer under the Bond Resolution and
allocable to the 2016 Bonds due to the investment thereof
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shall be deposited into the Rebate Fund to the extent
required to enable the County to comply with the arbitrage
rebate requirements of the 1986 Code and, after any such
deposit into the Rebate Fund, into the Revenue Fund as
Revenues of the System or as otherwise provided in the Bond
Resolution.
SECTION 2.8. Conditions Precedent to Delivery of
2016 Bonds. In compliance with the conditions precedent to
the delivery of the 2016 Bonds prescribed in Sections 2.4 and
2.5 of the Bond Resolution, the 2016 Bonds shall be delivered
only upon receipt by the Trustee of:
(a) a copy of this Tenth Supplemental Bond
Resolution authorizing the 2016 Bonds, certified by the Clerk
of the Board or an Authorized Officer of the County, by which
or pursuant to which the terms of the 2016 Bonds are
specified, which Tenth Supplemental Bond Resolution contains
findings and determinations of the Board that no default
exists in the payment of the principal of or interest and
premium, if any, on any Bond, and that all mandatory
redemptions, if any, of Bonds required to have been made
under the terms the Bond Resolution or any Supplemental
Resolution shall have been made;
(b) a Bond Counsel's Opinion to the effect that
(i) this Tenth Supplemental Bond Resolution has been duly and
lawfully adopted and is in full force and effect, (ii) the
Bond Resolution has been duly and lawfully adopted by the
County and is valid and binding upon, and enforceable
against, the County (except to the extent that the
enforceability thereof may be subject to judicial discretion,
to the exercise of the sovereign police powers of the
Commonwealth of Virginia and the constitutional powers of the
United States of America and to valid bankruptcy, insolvency,
reorganization, moratorium and other laws affecting the
relief of debtors), (iii) the Bond Resolution creates the
valid pledge which it purports to create of the Revenues and
of moneys and securities on deposit in any of the Funds
established under the hereunder and thereunder subject to the
application thereof to the purposes and on the conditions
permitted by the Bond Resolution and (iv) upon the execution
and delivery thereof, the 2016 Bonds will have been duly and
validly authorized and issued in accordance with the Bond
Resolution;
(c) a written order as to the delivery of the 2016
Bonds and the application of the 2016 Bond proceeds, signed
by an Authorized Officer of the County;
(d) a Certificate of the Director of Budget and
Management that the 2016 Bonds are issued in compliance with
the provisions of Section 7.11(c) of the Bond Resolution,
which Certificate shall be accompanied by an Accountant's
Certificate confirming the calculations set forth in such
Certificate of the Director of Budget and Management with
respect to the amounts of Revenues, Operating Expenses, Debt
Service and Debt Service/Additional Bonds; and
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(e) an executed copy of the Escrow Deposit
Agreement containing the instructions required by Section 2.5
of the Bond Resolution.
SECTION 2.9. Covenant as to Compliance with 1986
Code. The County hereby covenants and agrees to comply with
the provisions of Sections 103 and 141-150 of the 1986 Code
applicable to the 2016 Bonds throughout the term of the 2016
Bonds.
SECTION 2.10. Authorization for Creation of 2016
Debt Service Reserve Account, if any, in Debt Service Reserve
Fund. If it shall be determined by the County Administrator
that the 2016 Bonds shall be secured by a Debt Service
Reserve Fund as provided in Section 2.5 hereof, there is
hereby authorized to be created and established in the Debt
Service Reserve Fund held by the Trustee an account
designated as the 112016 Debt Service Reserve Account". From
the proceeds of the 2016 Bonds, if any, required to be
deposited into the Debt Service Reserve Fund pursuant to
Section 2.6 hereof and other available moneys in the Debt
Service Reserve Fund, there shall be credited to the 2016
Debt Service Reserve Account an amount equal to the Debt
Service Reserve Requirement for the 2016 Bonds, the same
being an amount equal to the lesser of (i) ten percent (100)
of the proceeds of the 2016 Bonds and (ii) the maximum amount
payable in any current or future Fiscal Year for the payment
of Debt Service on the 2016 Bonds; provided that in no event
shall the proceeds of the 2016 Bonds required to be so
deposited into the 2016 Debt Service Reserve Account be in
excess of the amount permitted under the provisions of the
1986 Code. Any 2016 Debt Service Reserve Account so
established shall be available only to pay Debt Service on
the 2016 Bonds secured thereby and shall not secure any other
Bonds issued under the Bond Resolution.
SECTION 2.11. Authorization of Execution and
Delivery of Continuing Disclosure Agreement; Covenant with
Bondholders. The County Administrator is hereby authorized
and directed to execute and deliver to the Trustee a
Continuing Disclosure Agreement with respect to the 2016
Bonds in the form set forth as an appendix to the Official
Statement, together with such changes as shall be approved by
the County Administrator, upon the advice of counsel
(including the County Attorney and Bond Counsel), such
approval to be conclusively evidenced by his execution
thereof. The County covenants with the holders from time to
time of the 2016 Bonds that it will, and hereby authorizes
the appropriate officers and employees of the County to take
all action necessary or appropriate to, comply with and carry
out all of the provisions of the Continuing Disclosure
Agreement, as the same may be amended from time to time.
Notwithstanding any other provision of the Bond Resolution,
failure of the County or the Trustee to perform in accordance
with the Continuing Disclosure Agreement shall not constitute
a default or an Event of Default, and the rights and remedies
provided by the Bond Resolution upon the occurrence of a
default or an Event of Default shall not apply to any such
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failure, but the Continuing Disclosure
enforced only as provided therein.
SECTION 2.12. Amendment
"Investment Securities" in Section 1.1 of the Bond
Resolution. (a) Subject to the provisions of subsections
(b) and (c) of this Section 2.12, the definition of the term
Investment Securities" in Section 1.1 of the Bond Resolution
shall be amended such that, as so amended, such definition
shall read in its entirety as follows:
of
Agreement may be
Definition of
"`Investment Securities," means and includes any of
the following obligations, to the extent the same are at the
time legal for investment of funds of the County under
applicable law:
(i) direct obligations of or obligations
guaranteed by the United States of America;
(ii) any bond or note of the Federal National
Mortgage Association or the Federal Home Loan Banks; bonds,
debentures and similar obligations of Federal Land Banks,
Federal Intermediate Credit Banks or Banks for Cooperatives,
issued pursuant to Acts of Congress; and obligations issued
by the United States Postal Service when the principal
thereof and interest thereon is guaranteed by the government
of the United States of America;
(iii) direct and general full faith and credit
obligations of the Commonwealth of Virginia;
(iv) unlimited tax direct and general obligations
of any political unit of the Commonwealth of Virginia, to the
payment of which the full faith and credit of such political
unit is pledged; provided that at the time of purchase such
obligations are rated in either of the two highest rating
categories by a nationally recognized bond rating agency;
(v) investments in a money market fund rated
"AAAm" or "AAAm-G" or better by Standard & Poor's Ratings
Services, including those administered by the Trustee, and
investing exclusively in obligations or securities specified
in clauses (i), (ii) (iii) and (iv) above;
(vi) repurchase agreements for such obligations
specified in clauses (i), (ii), (iii) and (iv) above, subject
to the limitations set forth below;
(vii) time deposits or certificates of deposit
with banks, trust companies or national banking associations
which are members of the Federal Reserve System and have a
net capital and surplus of at least $25,000,000 (which may
include the Trustee or any Depositary) fully secured as to
principal by obligations described in clauses (i), (ii),
(iii) and (iv) above;
(viii) savings accounts, time deposits or
certificates of deposit in any savings and loan association
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under the supervision of the Commonwealth of Virginia or the
Federal Government; provided such accounts and deposits are
fully insured by the Federal Savings and Loan Insurance
Corporation or any successor federal agency;
(ix) commercial paper, with a maturity of two
hundred seventy (270) days or less, of issuing corporations
organized under the laws of the United States, or of any
state thereof, including paper issued by banks and bank
holding companies, rated by Moody's Investors Service within
its ratings of Prime 1 or Prime 2, or by Standard & Poor's
Ratings Services, within its ratings of A-1 or A-2, or by
Fitch Ratings within its ratings of F-1 or F-2, or by their
corporate successors;
(x) investments through the Commonwealth of
Virginia State Non -Arbitrage Program established pursuant to
the Government Non -Arbitrage Investment Act, Title 2.2,
Chapter 47, Sections 2.2-4700 through 2.2-4705, of the Code
of Virginia, 1950, or any successor statute, as the same may
amended from time to time; and
(xi) any legal investments authorized for political
subdivisions of the Commonwealth for the investment of
sinking funds and for other public funds under Title 2.2,
Chapter 45 ( "INVESTMENT OF PUBLIC FUNDS ACT") , of the Code of
Virginia, 1950, or any successor statute, as the same may be
amended from time to time.
A repurchase agreement pursuant to clause (vi)
above may be made with any bank as principal, including the
Trustee or an affiliate of the Trustee, within or without the
Commonwealth of Virginia having a combined capital, surplus
and undivided profits of not less than $25,000,000 and
acceptable to the Trustee; provided the bank is obligated to
repurchase within one year. Such repurchase agreement shall
be considered a purchase of such securities even if title
and/or possession of such securities is not transferred to
the Trustee so long as (i) the repurchase obligation of the
bank is collateralized by the securities themselves, (ii) the
securities have on each day the repurchase agreement is in
effect a fair market value equal to at least 1000 of the
amount of the repurchase obligation of the bank, (iii) the
securities are held by a third party and segregated from
securities owned generally by the bank, (iv) a perfected
security interest under the Uniform Commercial Code of the
applicable state or book -entry procedures prescribed by
federal law or regulations in such securities is created for
the benefit of the Trustee and (v) if the repurchase
agreement is with the bank serving as Trustee or any related
party, the third party holding such securities holds them as
agent for the benefit of the Holders of the Bonds rather than
as agent for the bank serving as Trustee or any other party."
(b) By their purchase of the 2016 Bonds, the
beneficial owners of the 2016 Bonds, and their successors and
assigns, shall have irrevocably consented to, and shall be
deemed to have irrevocably consented to, the amendment of the
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definition of the term "Investment Securities" set forth in
subsection (a) of this Section 2.12.
(c) The amendment of the definition of the term
"Investment Securities" set forth in subsection (a) of this
Section 2.12 shall be effective, in accordance with Section
9.2 of the Bond Resolution, at such time as such amendment
shall have been consented to by the Holders of at least two-
thirds in principal amount of the Bonds Outstanding,
including the 2016 Bonds and any series of Bonds issued
subsequent to the issuance of the 2016 Bonds.
SECTION 2.13. Authorization to Designate the
Refunded Bonds for Redemption; Appointment of Escrow Agent;
Authorization to Enter into an Escrow Deposit Agreement;
Authorization to Select a Verification Agent. (a) Subject
to the sale and receipt of the proceeds of the Bonds, the
County Administrator is hereby authorized to designate the
Refunded Bonds for redemption on such date or dates as the
County Administrator shall determine.
(b) The Trustee for the Refunded Bonds is hereby
appointed to serve as Escrow Agent for the Refunded Bonds
under the Escrow Deposit Agreement. The County is authorized
to give or deliver to such Escrow Agent irrevocable written
instructions to give notices, or to cause such notices to be
given, in the name and on behalf of the County, to the
holders of the Refunded Bonds of the redemption of such
Refunded Bonds on the dates fixed for the redemption thereof,
such notices to be given in the manner and at the time or
times provided in the Bond Resolution.
(c) The County Administrator is hereby authorized,
in the discretion of the County Administrator, to execute and
deliver an Escrow Deposit Agreement by and between the County
and the Escrow Agent in such form as shall be approved by the
County Administrator upon the advice of counsel (including
the County Attorney or Bond Counsel), such approval to be
conclusively evidenced by the execution of the Escrow Deposit
Agreement by the County Administrator.
(d) The County Administrator is hereby authorized
to select a verification agent, if necessary, in connection
with the refunding of the Refunded Bonds.
SECTION 2.14. Authorization to Purchase Government
Securities. The County Administrator, the County Treasurer,
or the Escrow Agent or the County's Financial Advisor, on
behalf of the County, is each hereby authorized to execute,
on behalf of the County, subscriptions for United States
Treasury Obligations - State and Local Government Series, if
any, to be purchased by the County in connection with the
refunding of the Refunded Bonds. Such United States Treasury
Obligations - State and Local Government Series, if any, so
purchased shall be held by or on behalf of the Escrow Agent
under and in accordance with the provisions of the Escrow
Deposit Agreement. In addition, the County Administrator,
the County Treasurer or the Escrow Agent, on behalf of the
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County, is each 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 noncallable obligations of,
or unconditionally guaranteed by, the United States of
America, any such obligations so purchased to be held by the
Escrow Agent under and in accordance with the provisions of
the Escrow Deposit Agreement. The County Administrator, the
County Treasurer or the Escrow Agent is hereby authorized to
sell any securities held by the Escrow Agent under and in
accordance with the provisions of the Escrow Deposit
Agreement and to purchase securities in lieu of and in
substitution therefor.
ARTICLE III
MISCELLANEOUS
SECTION 3.1. Tenth Supplemental Bond Resolution
is a "Supplemental Resolution" Under the Bond Resolution;
2016 Bonds Are "Bonds" Under the Bond Resolution. (a) This
Tenth Supplemental Bond Resolution is adopted pursuant to
Section 2.4 and Article VIII of the Bond Resolution. This
Tenth Supplemental Bond Resolution (1) supplements the Bond
Resolution, (2) is hereby found, determined and declared to
constitute and to be a "Supplemental Resolution" within the
meaning of the quoted words as defined and used in the Bond
Resolution and (3) is adopted pursuant to and under the
authority of the Bond Resolution.
(b) The 2016 Bonds are hereby found, determined
and declared to constitute and to be "Bonds" within the
meaning of the quoted words as defined and used in the Bond
Resolution. The 2016 Bonds shall be entitled to the
benefits, security and protection of the Bond Resolution,
equally and proportionately with any other Bonds heretofore
or hereafter issued thereunder; shall be payable from the
Revenues on a parity with all Bonds heretofore or hereafter
issued under the Bond Resolution; shall rank pari passu with
all Bonds heretofore or hereafter issued under the Bond
Resolution; and shall be equally and ratably secured with all
Bonds heretofore or hereafter issued under the Bond
Resolution by a prior and paramount lien and charge on the
Revenues, without priority or distinction by reason of
series, number, date, date of sale, date of issuance, date of
execution and authentication or date of delivery; all as is
more fully set forth in the Bond Resolution. It is hereby
further found, determined and declared that no default exists
in the payment of the principal of or interest and premium,
if any, on any Bond issued under the Bond Resolution and that
all mandatory redemptions, if any, of Bonds required to have
been made under the terms of the Bond Resolution or any
Supplemental Resolution have been made.
SECTION 3.2. Filing of this Tenth Supplemental
Bond Resolution with Circuit Court. The County Attorney be
and hereby is authorized and directed to file a copy of this
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Tenth Supplemental Bond Resolution, certified by the Clerk of
the Board to be a true and correct copy thereof, with the
Circuit Court of the County of Chesterfield, Virginia, in
accordance with the provisions of Section 15.2-2607 of the
Code of Virginia, 1950.
SECTION 3.3. Effect of Article
Headings and Table of Contents. The headings
articles and sections hereof, and any tabl
appended hereto or copies hereof, shall be for
reference only and shall not affect the
construction, interpretation or effect of
Supplemental Bond Resolution.
SECTION 3.4. Effectiveness of
Supplemental Bond Resolution.
Resolution shall be effective
hereof by the Board.
and Section
or titles of
e of contents
convenience of
meaning or
this Tenth
This Tenth
This Tenth Supplemental Bond
from and after the adoption
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.14. REQUEST FOR MUSIC/ENTERTAINMENT FESTIVAL PERMIT FROM
THE CHESTERFIELD COUNTY FAIR ASSOCIATION
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
granted a music/entertainment festival permit to the
Chesterfield County Fair Association for the annual
Chesterfield County Fair to be conducted August 26 through
September 3, 2016, subject to compliance with the
requirements filed with the papers of this Board and the
representations made in the application. (It is noted a copy
of the application is filed with the papers of this Board.)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.15. ADOPTION OF RESOLUTION AUTHORIZING AN ADVANCE
REFUNDING OF GENERAL OBLIGATION BONDS AND CLOSING
COSTS NOT TO EXCEED $55,000,000, AND SET A PUBLIC
21ZAAJ.NU '1'U UUN5IVER APPROPRIATION OF PAYMENT TO THE
ESCROW AGENT FOR THE ADVANCE REFUNDING
Mr. Winslow and Ms. Jaeckle commended Mr. Carmody and Budget
staff for their efforts relative to the refinance of
outstanding bonds that will result in present value savings
of approximately $3.1 million over the period FY2018-FY2030.
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
adopted the following resolution authorizing an advance
refunding of various outstanding general obligation bonds and
closing costs not to exceed $55,000,000, and set a public
hearing for May 25, 2016, to consider appropriation not to
exceed $79,000,000 for payment to the escrow agent for
advance refunding of the Board approved Virginia Resources
Authority (VRA) Special Fund Revenue Bonds and the general
obligation refunding bonds transaction.
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A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE, SALE
AND DELIVERY OF AN ISSUE OF NOT TO EXCEED FIFTY-FIVE MILLION
DOLLARS ($55,000,000) PRINCIPAL AMOUNT OF GENERAL OBLIGATION
PUBLIC IMPROVEMENT REFUNDING BONDS OF THE COUNTY OF
CHESTERFIELD, VIRGINIA, FOR THE PURPOSE OF PROVIDING FUNDS TO
REFUND IN ADVANCE OF THEIR STATED MATURITIES AND REDEEM
CERTAIN OUTSTANDING GENERAL OBLIGATION PUBLIC IMPROVEMENT
BONDS OF THE COUNTY; FIXING THE FORM, DENOMINATION AND
CERTAIN OTHER DETAILS OF SUCH BONDS; PROVIDING FOR THE SALE
OF SUCH BONDS AND DELEGATING TO THE COUNTY ADMINISTRATOR
CERTAIN POWERS WITH RESPECT THERETO; AUTHORIZING AND
PROVIDING FOR THE PREPARATION AND DISTRIBUTION OF A
PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT
RELATING TO SUCH BONDS; AND PROVIDING WITH RESPECT TO CERTAIN
OTHER MATTERS RELATED THERETO
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE
COUNTY OF CHESTERFIELD, VIRGINIA:
SECTION 1. Findings and Determinations. (a) The
County of Chesterfield, Virginia (the "County"), has been
advised by the County's Financial Advisor that the refunding
in advance of their stated maturities of all or a portion of
certain currently outstanding issues of general obligation
public improvement bonds of the County, including, without
limitation, all or a portion of the County of Chesterfield,
Virginia, General Obligation Public Improvement Bonds,
Series A of 2007, dated April 11, 2007 (the "Series 2007A
Bonds"), all or a portion of the outstanding County of
Chesterfield, Virginia, General Obligation Public Improvement
Bonds, Series of 2008, dated April 16, 2008 (the "Series 2008
Bonds"), and all or a portion of outstanding County of
Chesterfield, Virginia, General Obligation Public Improvement
Bonds, Series A of 2009, dated June 29, 2009 (the "Series
2009A Bonds"), may result in debt service cost savings to the
County.
(b) The Board of Supervisors desires to authorize
the issuance and sale of one or more series of general
obligation public improvement refunding bonds to be issued
from time to time to provide for the refunding and defeasance
of all or a portion of such outstanding general obligation
public improvement bonds, including, without limitation, all
or a portion of the outstanding Series 2007A Bonds, all or a
portion of the outstanding Series 2008 Bonds, all or a
portion of the outstanding Series 2009A Bonds and all or a
portion of such other series of outstanding general
obligation public improvement bonds or general obligation
public improvement refunding bonds, the refunding of which
shall be recommended by the County's Financial Advisor (such
bonds to be refunded in advance of their stated maturities
being referred to hereinafter as the "Refunded Bonds").
(c) The Board of Supervisors of the County desires
to authorize the issuance and sale of general obligation
public improvement refunding bonds to provide for the
refunding and defeasance of the Refunded Bonds and to pay the
costs of issuing the Refunded Bonds.
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(d) In the judgment of the Board of Supervisors,
it is necessary and expedient to authorize the issuance and
sale of General Obligation Public Improvement Refunding Bonds
in the principal amount of not to exceed Fifty -Five Million
Dollars ($55,000,000) for the purpose of providing funds to
refund and defease all or a portion of the Refunded Bonds and
to pay the costs of issuing such Bonds.
SECTION 2. Authorization of General Obligation
Public Improvement Refunding Bonds. For the purpose of
refunding and defeasing all or a portion of the Refunded
Bonds, there are hereby authorized to be issued, sold and
delivered one or more series of general obligation public
improvement refunding bonds of the County in a principal
amount not exceeding $55,000,000 to be designated and known
as "General Obligation Public Improvement Refunding Bonds"
(the "Bonds"). The Bonds are to be issued pursuant to the
provisions of Title 15.2, Chapter 26, of the Code of
Virginia, 1950, the same being the Public Finance Act of 1991
(the "Public Finance Act of 1991").
SECTION 3. Approval of the Details and Sale of the
Bonds. (a) The Bonds shall be dated such date, shall be
issued in one or more series from time to time, shall bear
interest from their date payable on such date and
semiannually thereafter and shall have such series
designation as shall be determined by the County
Administrator. The Bonds shall mature and become due and
payable on such date or dates not exceeding forty (40) years
from their date and in such principal amounts on each such
date as shall be determined by the County Administrator. The
Bonds may be sold contemporaneously with any other bonds of
the County, including, without limitation, the general
obligation public improvement bonds approved by the voters of
the County at the election duly called and held under the
Public Finance Act of 1991 on November 5, 2013.
(b) (i) The Bonds shall be issued only in fully
registered form. One Bond representing each maturity of the
Bonds will be issued to and registered in the name of Cede &
Co., as nominee of The Depository Trust Company, New York,
New York ("DTC"), or in the name of such other nominee of DTC
as may be requested by an authorized representative of DTC,
as registered owner of the Bonds, and each such Bond shall be
immobilized in the custody of DTC. DTC will act as
securities depository for the Bonds. Individual purchases
will be made in book -entry form only, in the principal amount
of $5,000 or any integral multiple thereof. Purchasers will
not receive physical delivery of certificates representing
their interests in the Bonds purchased.
(ii) Principal and interest payments on the
Bonds will be made by the County by wire transfer to DTC or
its nominee, Cede & Co., or such other nominee of DTC, as
registered owner of the Bonds, which will in turn remit such
payments to the DTC participants for subsequent disbursal to
the beneficial owners of the Bonds. Transfers of principal
and interest payments to DTC participants will be the
responsibility of DTC. Transfers of such payments to
beneficial owners of the Bonds by DTC participants will be
the responsibility of such participants and other nominees of
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such beneficial owners. Transfers of ownership interests in
the Bonds will be accomplished by book entries made by DTC
and, in turn, by the DTC participants who act on behalf of
the indirect participants of DTC and the beneficial owners of
the Bonds.
(iii) The County will not be responsible
or liable for sending transaction statements or for
maintaining, supervising or reviewing records maintained by
DTC, its participants or persons acting through such
participants or for transmitting payments to, communicating
with, notifying, or otherwise dealing with any beneficial
owner of the Bonds. So long as the Bonds are in book -entry
only form, the County Treasurer will serve as Registrar and
Paying Agent for the Bonds in accordance with the provisions
of Section 4 hereof. The County reserves the right to
designate a successor Registrar and Paying Agent for the
Bonds if the County so determines.
(c) The Bonds shall be subject to redemption at
the option of the County prior to their stated maturities, in
whole or in part at any time, on such dates and with such
redemption premiums, if any, as shall be determined by the
County Administrator.
(d) In accordance with and subject to the
provisions of the Official Notice of Sale of the Bonds,
bidders may provide that all the Bonds shall be issued as
serial Bonds or may provide that any two or more consecutive
annual principal amounts shall be combined into one or more
term Bonds. If the successful bidder designates principal
amounts to be combined into one or more term Bonds, each such
term Bond shall be subject to mandatory sinking fund
redemption commencing on such date in the first year which
has been combined to form such term Bond and continuing on
such date in each year thereafter until the stated maturity
date of that term Bond. The amount redeemed in any year
shall be equal to the principal amount of serial Bonds that
would otherwise have matured in such year. Bonds to be
redeemed in any year by mandatory sinking fund redemption
shall be redeemed at par and shall be selected by lot from
among the Bonds then subject to redemption. The County, at
its option, may credit against any mandatory sinking fund
redemption requirement term Bonds of the maturity then
subject to redemption which have been purchased and cancelled
by the County or which have been redeemed and not theretofore
applied as a credit against any mandatory sinking fund
redemption requirement.
(e) (i) If any Bond (or any portion of the
principal amount thereof in installments of $5,000) shall be
subject to redemption and shall be called for redemption,
notice of the redemption thereof, specifying the date, number
and maturity of such Bond, the date and place or places fixed
for its redemption, the premium, if any, payable upon such
redemption and, if less than the entire principal amount of
such Bond is to be redeemed, that such Bond must be
surrendered in exchange for the principal amount thereof to
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9
be redeemed and a new Bond or Bonds issued equalling in
principal amount that portion of the principal amount thereof
not to be redeemed, shall be mailed not less than thirty (30)
days prior to the date fixed for redemption by first class
mail, postage prepaid, to the registered owner of such Bond
at the address of such registered owner as it appears on the
books of registry kept by the Registrar and Paying Agent for
the Bonds. The Registrar and Paying Agent shall not be
required to exchange or transfer any Bond later than the
close of business on the forty-fifth (45th) day next
preceding the date fixed for redemption of such Bond or any
portion thereof. If notice of the redemption of any Bond
shall have been given as aforesaid, and payment of the
principal amount of such Bond (or the portion of the
principal amount thereof to be redeemed) and of the accrued
interest and premium, if any, payable upon such redemption
shall have been duly made or provided for, interest on such
Bond shall cease to accrue from and after the date so
specified for redemption thereof.
(ii) Any notice of the optional redemption of
the Bonds may state that it is conditioned upon there being
on deposit with the County, or the Registrar and Paying Agent
for the Bonds or other designated agent of the County, on the
date fixed for the redemption thereof an amount of money
sufficient to pay the redemption price of such Bonds,
together with the interest accrued thereon to the date fixed
for the redemption thereof, and any conditional notice so
given may be rescinded at any time before the payment of the
redemption price of such Bonds, together with the interest
accrued thereon, is due and payable if any such condition so
specified is not satisfied. If a redemption of any Bonds
does not occur after a conditional notice is given due to
there not being on deposit with the County, or the Registrar
and Paying Agent for the Bonds or other designated agent of
the County, a sufficient amount of money to pay the
redemption price of such Bonds, together with the interest
accrued thereon to the date fixed for the redemption thereof,
the corresponding notice of redemption shall be deemed to be
revoked.
(iii) So long as the Bonds of any series
are in book -entry only form, any notice of redemption will be
given only to DTC or its nominee. The County shall not be
responsible for providing any beneficial owner of the Bonds
with a notice of redemption.
SECTION 4. Appointment of County Treasurer as
Registrar and Paying Agent; Payment of Bonds; Books of
Registry; Exchanges and Transfers of Bonds. (a) Appointment
of Registrar and Paying Agent. The County Treasurer is
hereby appointed Registrar and Paying Agent for the Bonds
(hereinafter referred to as the "Registrar and Paying
Agent"). The County reserves the right to designate a
successor Registrar and Paying Agent for the Bonds if the
County so determines.
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(b) Payment of Bonds. (i) At any time during
which the Bonds shall be in fully registered form, the
interest on the Bonds shall be payable by check mailed by the
Registrar and Paying Agent to the registered owners of the
Bonds at their addresses as the same appear on the books of
registry as of the record date for the payment of interest on
the Bonds, and the principal of the Bonds shall be payable at
the office of the Registrar and Paying Agent; provided,
however, that so long as the Bonds are in book -entry only
form and registered in the name of Cede & Co., as nominee of
DTC, or in the name of such other nominee of DTC as may be
requested by an authorized representative of DTC, interest on
the Bonds shall be paid directly to Cede & Co. or such other
nominee of DTC by wire transfer.
(ii) At any time during which the Bonds shall
be in book -entry form, the principal of and interest on the
Bonds shall be payable in accordance with the arrangements
made with the depository for the Bonds.
(iii) The principal of and interest on the
Bonds shall be payable in such coin or currency of the United
States of America as at the respective dates of payment is
legal tender for public and private debts. Interest on the
Bonds shall be calculated on the basis of a 360 -day year
comprised of twelve 30 -day months.
(c) Books of Registry; Exchanges and Transfers of
Bonds. (i) At all times during which any Bond remains
outstanding and unpaid, the Registrar and Paying Agent shall
keep or cause to be kept at its office, books of registry for
the registration, exchange and transfer of the Bonds. Upon
presentation at the office of the Registrar and Paying Agent
for such purpose, the Registrar and Paying Agent, under such
reasonable regulations as it may prescribe, shall register,
exchange, transfer, or cause to be registered, exchanged or
transferred, on the books of registry the Bonds as herein set
forth.
(ii) Any Bond may be exchanged at the office
of the Registrar and Paying Agent for a like aggregate
principal amount of such Bonds in other authorized principal
amounts of the same interest rate and maturity.
(iii) Any Bond may, in accordance with its
terms, be transferred upon the books of registry by the
registered owner in whose name it is registered, in person or
by the duly authorized agent of such registered owner, upon
surrender of such Bond to the Registrar and Paying Agent for
cancellation, accompanied by a written instrument of transfer
duly executed by the registered owner in person or the duly
authorized agent of such registered owner, in form
satisfactory to the Registrar and Paying Agent.
(iv) All transfers or exchanges pursuant to
this Section 4(c) shall be made without expense to the
registered owners of the Bonds, except as otherwise herein
provided, and except that the Registrar and Paying Agent
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9
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
County shall be impressed, or a facsimile thereof printed, on
the Bonds.
(b) Authentication of Bonds. The County
Administrator shall direct the Registrar and Paying Agent to
authenticate the Bonds and no Bonds shall be valid or
obligatory for any purpose unless and until the certificate
of authentication endorsed on such Bond shall have been
manually executed by the Registrar and Paying Agent. Upon
the authentication of any Bond, the Registrar and Paying
Agent shall insert in the certificate of authentication the
date as of which such Bond is authenticated as follows: (i)
if the Bond is authenticated prior to the first interest
payment date, the certificate shall be dated as of the date
the Bonds are delivered to and paid for by the initial
purchasers thereof, (ii) if the Bond is authenticated upon an
interest payment date, the certificate shall be dated as of
such interest payment date, (iii) if the Bond is
authenticated on or after the record date for the payment of
interest on the Bonds and prior to such interest payment
date, the certificate shall be dated as of such interest
payment date and (iv) in all other instances the certificate
shall be dated the date upon which the Bond is authenticated.
The execution and authentication of the Bonds in the manner
above set forth is adopted as a due and sufficient
authentication of the Bonds.
(c) CUSIP Identification Numbers. CUSIP
identification numbers may be printed on the Bonds, but
neither the failure to print any such number on any Bonds,
nor any error or omission with respect thereto, shall
constitute cause for failure or refusal by the successful
bidder for the Bonds to accept delivery of and pay for the
Bonds in accordance with the terms of its bid to purchase the
Bonds. No such number shall constitute or be deemed to be a
part of any Bond or a part of the contract evidenced thereby
and no liability shall attach to the County or any of its
officers or agents because of or on account of any such
number or any use made thereof.
SECTION 6. Tax Covenant. To the extent it shall
be contemplated at the time of their issuance that any Bonds
issued hereunder shall be excludable from gross income for
purposes of federal income taxation, the County covenants and
agrees to comply with the provisions of Sections 103 and
141-150 of the Internal Revenue Code of 1986 and the
applicable Treasury Regulations promulgated thereunder
throughout the term of such Bonds.
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SECTION 7. Sources of Payment of Bonds. The full
faith and credit of the County shall be and is hereby
irrevocably pledged to the punctual payment of the principal
of and interest on the Bonds as the same become due. In each
year while the Bonds, or any of them, are outstanding and
unpaid, this Board is authorized and required to levy and
collect annually, at the same time and in the same manner as
other taxes in the County are assessed, levied and collected,
a tax upon all taxable property within the County, over and
above all other taxes, authorized or limited by law and
without limitation as to rate or amount, sufficient to pay
when due the principal of and interest on the Bonds to the
extent other funds of the County are not lawfully available
and appropriated for such purpose.
SECTION 8. Form of Bonds. The Bonds shall be in
substantially the form set forth in Exhibit A with such
necessary or appropriate variations, omissions and insertions
as are incidental to their numbers, interest rates and
maturities or as are otherwise permitted or required by law
or this resolution.
SECTION 9. Preparation and Distribution of
Preliminary Official Statement and 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 (via
electronic dissemination or otherwise), to prospective
purchasers of the Bonds a Preliminary Official Statement
relating to the Bonds. All actions taken by the officials,
employees, agents and attorneys of the County with respect to
the preparation and distribution of such Preliminary Official
Statement prior to the date hereof are hereby ratified and
confirmed.
(b) The County Administrator and other appropriate
officials and employees of the County are hereby authorized
and directed to prepare, or to cause to be prepared, a final
Official Statement relating to the Bonds, such final Official
Statement to be in substantially the form of the Preliminary
Official Statement with the completion therein of the
information with respect to the interest rates to be borne by
the Bonds as specified by the successful bidder for the Bonds
and other definitive details of the Bonds determined upon the
sale of the Bonds to the successful bidder therefor.
(c) The County Administrator is hereby authorized
to execute and deliver to the representative of the
purchasers of the Bonds the final Official Statement relating
to the Bonds in accordance with the provisions of the
Official 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
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19
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,
and on such other terms and conditions as shall be provided
in the Official Notice of Sale relating to the Bonds. The
County Administrator is hereby authorized to cause to be
prepared and disseminated (via electronic dissemination or
otherwise) an Official Notice of Sale of the Bonds in such
form and containing such terms and conditions as the County
Administrator may deem advisable, subject to the provisions
hereof.
(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 Official Notice of Sale; provided (i) that
such bid is in conformity with the Official Notice of Sale,
(ii) that the true interest cost to the County as specified
in such bid is not in excess of six percent (6.00o) and (iii)
that any premium payable upon the optional redemption of the
Bonds shall not exceed two percent (2.00o) and provided
further that the County shall have received on the date of
sale of the Bonds, the good faith deposit specified in the
Official Notice of Sale. The County Administrator is hereby
further authorized to determine, or to modify the provisions
of this resolution with respect to, the dated date of the
Bonds, the interest payment dates for the Bonds, the dates on
which the Bonds shall mature and the principal amount of the
Bonds maturing on each such maturity date and to fix the
rates of interest to be borne by the Bonds of each maturity
as specified in the bid accepted by the County Administrator
in accordance with the immediately preceding sentence.
(c) The County Administrator is hereby further
authorized to execute and deliver to the purchasers of the
Bonds authorized for issuance under this resolution a
Continuing Disclosure Certificate evidencing the County's
undertaking, to comply with the continuing disclosure
requirements of Paragraph (b)(5) of such Rule 15c2-12 to the
extent applicable to the Bonds.
(d) 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
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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 to Enter into an Escrow Deposit
Agreement; Authorization to Select a Verification Agent.
(a) Subject to the sale and receipt of the
proceeds of the Bonds, the County Administrator is hereby
authorized to designate the Refunded Bonds for redemption on
such date or dates as the County Administrator shall
determine and is hereby further authorized to request the
County Treasurer, as Registrar and Paying Agent for the
Refunded Bonds, to cause the notice of the redemption of the
Refunded Bonds to be given in accordance with the provisions
of the proceedings authorizing the issuance of the Refunded
Bonds.
(b) The County Administrator is hereby authorized,
in the discretion of the County Administrator, to select a
bank or trust company to serve, or the County may itself
serve, as Escrow Agent, if necessary, and to deliver to such
Escrow Agent or applicable County officials irrevocable
written instructions to give notices, or to cause such
notices to be given, in the name and on behalf of the County,
to the holders of the Refunded Bonds of the redemption of
such Refunded Bonds on the dates fixed for the redemption
thereof, such notices to be given in the manner and at the
time or times provided in proceedings authorizing the
issuance of the Refunded Bonds.
(c) The County Administrator is hereby authorized,
in the discretion of the County Administrator, to execute and
deliver an Escrow Deposit Agreement by and between the County
and the Escrow Agent in such form as shall be approved by the
County Administrator upon the advice of counsel (including
the County Attorney or Bond Counsel), such approval to be
conclusively evidenced by the execution of the Escrow Deposit
Agreement by the County Administrator.
(d) The County Administrator is hereby authorized
to select a verification agent, if necessary, in connection
with the refunding of the Refunded Bonds.
SECTION 12. Authorization to Purchase Government
Securities. The County Administrator, the County Treasurer,
or the County's Financial Advisor or the Escrow Agent, on
behalf of the County, is each hereby authorized to execute,
on behalf of the County, subscriptions for United States
Treasury Obligations - State and Local Government Series, if
any, to be purchased by the County in connection with the
refunding of the Refunded Bonds. Such United States Treasury
Obligations - State and Local Government Series, if any, so
purchased shall be held by or on behalf of the County
Treasurer or by the Escrow Agent under and in accordance with
the provisions of any Escrow Deposit Agreement entered into
in connection with the refunding of the Refunded Bonds. In
addition, the County Administrator, the County Treasurer, or
the Escrow Agent, on behalf of the County, each is hereby
authorized to enter into such purchase agreements, including
forward supply agreements, if any, as shall be required in
connection with the refunding of the Refunded Bonds providing
for the purchase by or on behalf of the County in the open
market of noncallable obligations of, or unconditionally
guaranteed by, the United States of America, any such
obligations so purchased to be held by or on behalf of the
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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 or the County
Treasurer is hereby authorized to sell any securities held by
the Escrow Agent under and in accordance with the provisions
of the Escrow Deposit Agreement and to purchase securities in
lieu of and in substitution therefor.
SECTION 13. Filing of This Resolution. The County
Attorney is hereby authorized and directed to file a copy of
this resolution, certified by the Clerk of 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. This resolution shall
take effect upon its adoption.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
9. REPORTS
9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS
9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR
FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND
LEASE PURCHASES
On motion of Mr. Holland, seconded by Ms. Haley, the Board
accepted the following reports: a Report on Developer Water
and Sewer Contracts; and a Report on Status of General Fund
Balance, Reserve for Future Capital Projects, District
Improvement Funds and Lease Purchases.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
10. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
11. CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A)(1), CODE
OF VIRGINIA, 1950, AS AMENDED, FOR DISCUSSION AND
CONSIDERATION OF PROSPECTIVE CANDIDATES FOR EMPLOYMENT
AS COUNTY ADMINISTRATOR
On motion of Mr. Winslow, seconded by Ms. Haley, the Board
went into closed session pursuant to Section 2.2-3711(A)(1),
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Code of Virginia, 1950, as amended, for discussion and
consideration of prospective candidates for employment as
County Administrator.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
Reconvening:
On motion of Mr. Winslow, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, the Board of Supervisors has this day adjourned
into Closed Session in accordance with a formal vote of the
Board and in accordance with the provisions of the Virginia
Freedom of Information Act; and
WHEREAS, the Virginia Freedom of Information Act
effective July 1, 1989 provides for certification that such
Closed Session was conducted in conformity with law.
NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors
does hereby certify that to the best of each member's
knowledge, i) only public business matters lawfully exempted
from open meeting requirements under the Freedom of
Information Act were discussed in Close Session to which this
certification applies, and ii) only such business matters
were identified in the motion by which the Closed Session was
convened were heard, discussed or considered by the Board. No
member dissents from this certification.
Mr.
Winslow:
Aye.
Ms.
Haley:
Aye.
Mr.
Holland:
Aye.
Ms.
Jaeckle:
Aye.
Mr.
Elswick:
Aye.
12. DINNER
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
recessed to Room 502 for dinner.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
Reconvening:
13. INVOCATION
The Honorable James Holland, Dale District Supervisor, gave
the invocation.
14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Eagle Scout William "Will" Meadows, Jr. led the Pledge of
Allegiance to the Flag of the United States of America.
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15. RESOLUTIONS
15.A. RECOGNIZING MAY 21-27, 2016, AS "SAFE BOATING WEEK"
IN CHESTERFIELD COUNTY
Ms. Pollard introduced members of the United States Coast
Guard Auxiliary, Flotilla 31, who were present to receive the
resolution.
On motion of Mr. Winslow, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, many Chesterfield County residents choose
recreational boating as a way to relax with their families
and friends; and
WHEREAS, opportunities for on -the -water activities grow
each year; and
WHEREAS, with this growth comes additional risk and
responsibility; and
WHEREAS, a substantial proportion of the boats currently
registered in the Commonwealth of Virginia are owned by
residents of the County of Chesterfield; and
WHEREAS, use of kayaks and other self-propelled
watercraft not required to be registered is increasing
rapidly; and
WHEREAS, additional boaters from outside the county
visit our waters each boating season; and
WHEREAS, it is important that both novice and
experienced boaters practice safe boating habits, maintain
essential safety equipment, and wear a life jacket; and
WHEREAS, the law requires that a wearable life jacket be
carried for each person on board all boats; and
WHEREAS, the life jackets of today are more comfortable,
attractive, and wearable than the styles of past; and
WHEREAS, the theme for the North American Safe Boating
Campaign, "Wear It!", acknowledges that many lives are saved
by the use of life jackets; and
WHEREAS, boating safety education classes and
complimentary vessel safety checks are readily available
throughout the year from the United States Coast Guard
Auxiliary.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 27th day of April 2016,
publicly recognizes May 21-27, 2016, as "Safe Boating Week"
in Chesterfield County and urges all Chesterfield boaters to
take a boating safety course, wear their life jackets, have
their boats checked for other safety equipment, and practice
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safe boating.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
Mr. Elswick presented the executed resolution to members of
the United States Coast Guard Auxiliary, Flotilla 31, and
stressed the importance of practicing safe boating habits.
Mr. David Paxton, Flotilla 31 Commander, expressed
appreciation to the Board for the special recognition and
their continued support.
15.B. RECOGNIZING THE 2016 MATOACA HIGH SCHOOL VARSITY
WRESTLING TEAM FOR ITS OUTSTANDING REPRESENTATION OF
CHESTERFIELD COUNTY
Mr. Innis introduced members of the 2016 Matoaca High School
Varsity Wrestling Team, who were present to receive the
resolution.
On motion of Mr. Winslow, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, participation in high school sports has long
been an integral part of Chesterfield County's educational,
physical and emotional development for students; and
WHEREAS, Mr. Hal Miles, Head Coach of the Matoaca High
School Varsity Boys Varsity Wrestling Team, completed his
first season as head coach; and
WHEREAS, under Mr. Miles' guidance and direction along
with his staff, Jonn White, James Barrett, Anthony Helm,
Corey Woody and Rick Roulo, the 2016 Matoaca Warriors
finished the season with an overall record of 11-10; and
WHEREAS, the Matoaca Warriors were the Conference 12
Champions for the 7th straight year; and
WHEREAS, the Matoaca Warriors were the 2016 VHSL 5A
State Champions for the 3rd straight year; and
WHEREAS, the team members include at 106 lbs. two-times
Conference Champion, 2016 Regional Champion and 2016 State
Champion, Sam Braswell; at 113 lbs. three -times Conference
Champion, 2015 Regional Champion and 2015 State Champion,
2016 third in State, Brandon Woody; at 120 lbs. fourth in
Conference, Christian Clemons; at 126 lbs. 2016 Conference
Champion and fourth in State, Noah Roulo; at 132 lbs. two-
times Conference Champion, Markus Taborn; at 138 lbs. third
in Conference, Anthony Lorenzo; at 145 lbs. third in
Conference, Matthew Lockhart; at 152 lbs. Conference Champion
and 2016 State Champion, Bryson Woody; at 160 lbs. fourth in
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Conference, Jakolby Butler; at 170 lbs. second in Conference,
Robert Irving; at 182 lbs. second in Conference, Mark Money;
at 195 lbs. second in Conference, third in Region, fourth in
State, Alvonte Jones; at 220 lbs. fourth in Conference, Isaac
Mosby; and at 285 lbs. four -times Conference Champion, four -
times Regional Champion, four -times State Finalist, three -
times State Champion and 5A -6A State Wrestler of the Year,
Anthony Helm.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 27th day of April 2016,
publicly recognizes the 2016 Matoaca High School Varsity
Wrestling Team for its outstanding representation of
Chesterfield County, commends the team for its commitment to
excellence and sportsmanship, and expresses best wishes for
continued success.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to the 2016 Matoaca High School
Varsity Wrestling Team, and that this resolution be
permanently recorded among the papers of this Board of
Supervisors of Chesterfield County, Virginia.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
Mr. Elswick presented executed resolutions to the coaching
staff and members of the varsity wrestling team, commended
them on their representation of the county and congratulated
them on their tremendous success.
Coach Miles expressed appreciation to the Board for the
special recognition and highly praised his team members for
their hard work ethics and commitment to excellence.
Each team member shared their thoughts relative to their
favorite team.
15.C. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF
EAGLE SCOUT
Ms. Pollard introduced Mr. Patrick William Gibson, Mr.
Matthew Ryan Smith, Mr. William David Meadows, Jr., and Mr.
Adisa LeVar Braxton Hall, who were present to receive the
resolution.
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
adopted the following resolution:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
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WHEREAS, after earning at least 21 merit badges in a
wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to their community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law, Mr. Patrick William
Gibson, Troop 2894, sponsored by Saint David's Episcopal
Church; Mr. Matthew Ryan Smith, Troop 2860, sponsored by
Woodlake United Methodist Church; Mr. William David Meadows,
Jr., Troop 897, sponsored by Mount Pisgah United Methodist
Church; and Mr. Adisa LeVar Braxton Hall, Troop 410,
sponsored by Henrico Arms CONNECT, have accomplished those
high standards of commitment and have reached the long -sought
goal of Eagle Scout, which is received by only four percent
of those individuals entering the Scouting movement; and
WHEREAS, growing through their experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare themselves for a role as leaders in
society, Patrick, Matthew, Will and Adisa have distinguished
themselves as members of a new generation of prepared young
citizens of whom we can all be very proud.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 27th day of April 2016,
publicly recognizes Mr. Patrick William Gibson, Mr. Matthew
Ryan Smith, Mr. William David Meadows, Jr., and Mr. Adisa
LeVar Braxton Hall, extends congratulations on their
attainment of Eagle Scout, and acknowledges the good fortune
of the county to have such outstanding young men as its
citizens.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
Mr. Holland, Mr. Winslow and Mr. Elswick presented the
executed resolutions and patches to each Eagle Scout,
accompanied by members of their families, congratulated them
on their outstanding achievements and wished them well in
future endeavors.
Each Eagle Scout provided details of their Eagle Scout
project and expressed appreciation to their families and
friends for their support.
16. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. Rodney Martin expressed concerns relative to Providence
Middle School additions and renovations.
17. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING
PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE
FOLLOWING ORDER: - WITHDRAWALS DEFERRALS - CASES WHERE
THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS
NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT
ACCEPT THE
13SNO132
TION AND/OR THERE IS
TION WILL BE HEARD AT SECTI
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(AMENDED) In Dale Magisterial District, Chesterfield Business
Partners LLC and Kingsland Towncenter LLC request amendment
of conditional use (Cases 06SNO237 and 07SN0226) to reduce
cash proffers and amendment of zoning district map in a
Community Business (C-3) District on 93.5 acres fronting
three places for a total of 1650 feet on the west line of
Iron Bridge Road and the north and south lines of Kingsland
Glen Drive. Density will be controlled by zoning conditions
or ordinance standards. The Comprehensive Plan suggests the
property is appropriate for Community Business and Industrial
uses. Tax IDs 770-677-2778, 4773 and 9777; 770-678-8131; 771-
676-9014; 771-677-1194, 1299, 1474, 1896, 2275, 2368, 2674
and 2766; 771-678-1303 and 1900; 772-676-2999; and 772-677-
3568.
Mr. Turner stated Mr. Holland is requesting that Case
13SNO132 be remanded back to the Planning Commission.
Mr. Jack Wilson, representing the applicant, requested a
deferral instead of a remand. He expressed concerns relative
to the time frame relative to the remand.
In response to Mr. Holland's question, Mr. Wilson stated the
case has changed only to address the cash proffers. He
further stated the per dwelling unit cash proffer shall be
automatically adjusted, annually, by the annual change in the
Marshall and Swift Building Cost Index each year.
Mr. Elswick called for public comment.
There being no one to address the remand, the public hearing
was closed.
Mr. Holland stated the amended proffer is significantly less
than that which the Planning Commission considered and
recommended remanding the case to the Commission for their
reevaluation and reconsideration. He expressed concerns
relative to haggling over cash proffers at the Board level.
Mr. Holland then made a motion, seconded by Ms. Jaeckle, for
the Board to remand Case 13SNO132 to the Planning Commission.
Ayes: Elswick, Jaeckle, Holland and Haley.
Nays: Winslow.
16HP0130
In Bermuda Magisterial District, Centralia Station LLC
requests the withdrawal of historic landmark designation for
the parcel of the Clarke Residence (but retain the
designation for the structure) and amendment of zoning
district map in a Residential (R-7) District on 1.63 acres
known as 4515 Centralia Road. The Comprehensive Plan suggests
the property is appropriate for Residential use (1 dwelling
per acre or less). Tax ID 786-663-2179.
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04/27/16
Mr. Turner presented a summary of Case 16HP0130 and stated
both the Planning Commission and staff recommended approval,
subject to the one condition.
Mr. Kerry Hutcherson, representing the applicant, accepted
the condition.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved Case 16HP0130, subject to the following condition:
With the approval of this case, the following condition shall
apply:
The designation shall extend a distance of twenty (20)
feet from the house on each side of the house.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
1 COWTAI Ca
In Bermuda Magisterial District, Socorro Wade requests
renewal of a temporary manufactured home permit (Case
09SN0113) to permit a temporary manufactured home and
amendment of zoning district map in a Residential (R-7)
District on .9 acre known as 15413 Appomattox Street. Density
is approximately 1.1 units per acre. The Comprehensive Plan
suggests the property is appropriate for Suburban Residential
II use (2.0 to 4.0 dwellings per acre). Tax ID 829-641-3577.
Mr. Turner presented a summary of Case 15SN0159 and stated
staff recommended approval, subject to the conditions.
Mr. Jack Wilson, representing the applicant, accepted the
conditions.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
In response to Ms. Jaeckle's questions, Ms. Orr stated a 2 -
year time limit could be imposed by the Board to insure
maintenance of the manufactured home. Ms. Jaeckle also
requested a condition that the manufactured home would be
removed from the property should the applicant cease to
reside in the home.
Mr. Wilson concurred with the imposed condition.
Ms. Jaeckle then made a motion, seconded by Mr. Winslow, for
the Board to approve Case 15SN0159, subject to the following
conditions:
1. The applicant shall be the owner and occupant of the
manufactured home. (P)
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2. No additional permanent -type living space may be added
to the manufactured home. The manufactured home shall be
skirted but shall not be placed on a permanent
foundation. (P)
3. A single row of evergreen plantings shall be installed
along the front property boundary in line with the
manufactured home to soften view of the home. Such
plantings shall include a minimum of two (2) privets
being a minimum of a 3 -gallon plant at the time of
planting and a minimum of three (3) eastern cedars with
a minimum initial height of three (3) feet. These
plantings shall be permitted to be staggered and shall
be planted ten (10) feet on center. A plan depicting
the landscaping shall be submitted to the Planning
Department within ninety (90) days of the approval of
this request and vegetation shall be installed within
ninety (90) days of the approval of such plan. (P)
4. This permit shall be granted for a period of two (2)
years. (P)
S. Should the applicant cease to reside in the manufactured
home, the manufactured home shall be removed from the
property. (P)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
l C;q?%TnF,9 R
In Bermuda Magisterial District, Plantation Haven LLC
requests conditional use planned development to permit
exceptions relative to existing additions to manufactured
homes and amendment of zoning district map in Manufactured
Home Park (MH -1) and General Business (C-5) Districts on 7.1
acres fronting 350 feet on the west line of Jefferson Davis
Highway, 175 feet north of Whitehouse Road, also fronting 620
feet on the north line of Whitehouse Road, 285 feet west of
Jefferson Davis Highway. Density will be controlled by zoning
conditions or ordinance standards. The Comprehensive Plan
suggests the property is appropriate for Community Mixed use.
Tax IDs 799-629-0432 and 1049.
Mr. Turner presented a summary of Case 15SN0618 and stated
both the Planning Commission and staff recommended approval,
subject to the conditions.
Mr. William Shewmake, representing the applicant, accepted
the conditions.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
approved Case 15SN0618, subject to the following conditions:
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04/27/16
1. Existing Additions: With the approval of this
request, the eight (8) enclosed additions
identified on Exhibit A, dated March 5, 2015, shall
be permitted to remain provided such additions
comply with applicable building code standards. No
other permanent -type living space shall be added to
any manufactured home. The existing additions shall
not be enlarged, extended or substituted and shall
not be structurally altered, unless such alteration
is authorized by the County as necessary for
compliance with building code requirements. (BI
and P)
2. Building Permits: Within sixty (60) days of the
approval of this request, the applicant shall
obtain building permits for each of the eight (8)
existing additions. The applicant shall have sixty
(60) days from the issuance of each building permit
to complete work determined necessary by the
Building Inspections Department in order to obtain
a final occupancy permit for each addition. Any
addition that cannot receive a final certificate of
occupancy by the Building Inspections Department
shall be demolished and removed from the property
within thirty (30) days of the date of the
rejection notice from the Building Inspections
Department. (BI and P)
3. Street Lights: Existing park street lighting shall
be maintained in the interests of safety and
security for persons, property and traffic. (PD)
4. Parking: Unless an exception is granted by the
Planning Director to permit one (1) parking space
on a manufactured home lot, two (2) parking spaces
shall be provided on each manufactured home lot
within the park. Such spaces shall be of a hard -
surface, dustless construction. An adequate base
must be provided for all spaces to ensure they are
effectively useable. Where spaces have a gravel
surface, the parking spaces shall have a minimum
surface depth of 6 inches of No. 21 or No. 21A
stone or similar material as may be approved by the
Planning Director. (P)
5. Park Streets: All manufactured homes shall abut a
park street of not less than sixteen (16) feet in
width constructed of asphalt, bituminous concrete,
concrete or other similar material approved by the
Planning Department. Paving of the portion of the
park streets identified on Exhibit B, dated March
10, 2016, as "Road to be paved" in accordance with
this condition shall be completed prior to August
1, 2016. New pavement shall be installed to create
a smooth transition to existing pavement. All
streets shall be maintained in good condition to
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1E
avoid potholes, cracked pavement and to ensure
accessibility by emergency vehicles. (P)
6. Refuse Disposal: A minimum of one (1) solid waste
storage area with a minimum of two (2) refuge
containers of sufficient capacity shall be provided
to serve the park. The storage and collection of
such refuse shall not create a health or fire
hazard. Such area shall be screened by a solid
wall, fence or evergreen planting and shall not be
serviced between the hours of 8 p.m. and 6:00 a.m.
The park management shall be responsible for the
collection and proper disposal of all refuse. (P)
7. Dog Pens/Enclosures: All pens/fenced enclosures
for dog keeping shall not be located between the
manufactured home and the park street. All
pens/fence enclosures for dog keeping shall be
constructed of uniform materials typically approved
for dog pen/fence construction and shall not
include tarps, signs, scrap building materials or
similar materials not typically associated with dog
pen/fence construction. Within sixty (60) days of
the approval of this request, any such enclosures
shall be relocated in compliance with this
condition or removed. All areas for keeping dogs
shall be kept clean and made free of waste on a
regular basis to minimize odor and reduce the
propagation of insects. (P)
8. Manufactured Homes and Park Maintenance: The
following minimum standards must be met:
A. Existing Porches, Decks and Accessory
Structures.
1. Porches/Decks. Only one (1) porch or
deck shall be permitted for each
manufactured home. All other
entrances/exits must have steps in
accordance with building code
requirements.
2. Accessory Structures. Only one (1)
single story shed with a maximum area of
150 square feet and one (1) prefabricated
metal portable carport shall be permitted
on any manufactured home lot. No other
accessory buildings (including, although
not exclusively, sheds, carports or
garages) shall be permitted. A shed
shall only be constructed of standard
building materials rated for exterior
exposure. Such materials shall not
include tarps, signs, scrap building
materials or similar materials not
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04/27/16
typically associated with shed
construction.
3. Porches, decks and accessory structures
existing as of the date of the approval
of this request that are compliant with
building code and zoning ordinance
requirements and are constructed of
standard building materials rated for
exterior exposure shall be permitted to
remain provided that such porches, decks
and accessory structures shall not be
enlarged, extended, reconstructed,
substituted or structurally altered
unless in compliance with Condition
8.A.1. and 8.A.2. above.
B. Skirting. Skirting on all manufactured homes
shall be of materials typically approved for
manufactured home skirting. Each individual
unit shall be skirted with like material on
each of its sides. Skirting materials shall
not include tarps, scrap building materials or
similar materials not typically associated
with manufactured home skirting.
C. Fences. Except for rear yards of manufactured
home lots that abut the periphery of the park
(along the north, south and west property
boundaries) which shall be permitted to have
fences with a maximum height of 6 feet, fences
not greater than four (4) feet in height shall
be permitted on manufactured home lots. All
fences shall be constructed of uniform
materials typically approved for fence
construction and shall not include tarps,
signs, scrap building materials or similar
materials not typically associated with
residential fence construction.
D. Unit Numbering. The unit number for each
manufactured home shall be displayed on
uniform plaques with reflective numbers a
minimum of six (6) inches in height with a
minimum % inch stroke width. Such plaques
shall be located on the side of the
manufactured home facing the park street in a
uniform location. Within thirty (30) days of
the approval of this request, the applicant
shall submit a plan to the Fire Department
showing the location and numbering design for
review and approval. Within sixty (60) days
of the approval of the unit numbering plan,
the applicant shall install all such unit
numbering plaques.
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E. Park Entrance/Identification. Within thirty
(30) days of the approval of this request, the
face of both sides of the existing pole sign
shall be repaired. The bottom row of panels
on both sides of the sign shall be refaced
with panels of the same size that include the
street address of the park and that are of
materials compatible with the remainder of the
existing sign face. A sign permit depicting
the design of the replacement panels shall be
submitted to the Planning Department for
review and approval within thirty (30) days of
the approval of this request and such sign
repair and refaced surfaces shall be installed
within thirty (30) days of the approval of the
sign permit. (P, BI and F)
9. Play Lot. A play lot having a minimum area of 1200
square feet (30'X401) shall be constructed in the
area identified on Exhibit B, dated March 10, 2016,
as "Play lot". The entire play lot area shall be
mulched and shall include a minimum of the
following: a swing set with a minimum of two (2)
swings and one (1) new wooden picnic table (a
minimum of six (6) feet long) with two (2) attached
benches. A chain link fence, having a minimum
height of 4 feet shall be installed around the play
lot to separate the play lot from manufactured home
lots and park roads. As additional safety for
children at play the following shall also be
installed: slats within the fence where the play
lot is visible from Jefferson Davis Highway; and,
concrete balusters along the portion of the play
area facing Jefferson Davis Highway with adequate
spacing to prevent vehicles from entering the play
lot. In lieu of slats within the fence to provide
additional security for children at play adequate
landscaping shall be permitted to be provided to
reduce visibility of the play area, as approved by
the Planning Director. A plan depicting all play
lot improvements, including equipment, screening
and security shall be submitted to the Planning
Department for review and approval within thirty
(30) days of the approval of this request.
Construction of the play lot shall be completed
within thirty (30) days of plan approval. The park
owner shall be responsible for maintaining the play
lot in an attractive, safe and usable condition.
(P)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
16SNO680
In Dale Magisterial District, Ironbridge Baptist Church
requests rezoning from Neighborhood Business (C-2) to General
Industrial (I-2) and conditional use planned development to
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delete a buffer on 0.6 acres plus amendment of conditional
use planned development (Case 02SN0213) on 10.5 acres
relative to setbacks and amendment of zoning district map on
the 11.1 acre tract fronting 55 feet on the north line of
Landfill Drive, 970 feet west of Iron Bridge Road. Density
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for Neighborhood Business use. Tax IDs 773-656-
2577; 773 -657 -Part of 4168-00001 and 5505.
Mr. Turner presented a summary of Case 16SNO680 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Mr. Jack Wilson, representing the applicant, accepted the
recommendation.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
approved Case 16SNO680 and accepted the following proffered
conditions:
The property owner and applicant in this case, pursuant to
Section 15.2-2298 of the Code of Virginia (1950 as amended)
and the Zoning Ordinance of Chesterfield County, for
themselves and their successors and assigns, proffer that the
property under consideration (the "Property") will be
developed according to the following proffers if, and only
if, the request submitted herewith is granted with only those
conditions agreed to by the owner and applicant. In the
event this request is denied or approved with conditions not
agreed to by the owner and applicant, the proffers shall
immediately be null and void and of no further force or
effect.
The following proffered conditions are applicable to Tax ID
773-657-3272:
1. The Textual Statement dated April 11, 2016, shall
be considered the Master Plan. (P)
2. Light Industrial (I-1) and General Industrial (I-2)
uses shall be permitted on the property, excluding
the following uses:
a. Boat sale and services, repair and rental;
b.Motor vehicle service stations;
c. Rectifying and blending liquors;
d. Wine, brandy and brandy spirits manufacturing;
and
e. Tobacco products manufacturing. (P)
3.A thirty (30) foot setback shall be maintained
along the northern property line. Within this
setback, trees having a caliper of three (3) inches
or greater shall be maintained except for those
which are dead, diseased or dying. (P)
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4. Uses allowed on the property shall be designed and
operated so as not to generate noise levels above
65 dBa, as measured at the northern property line
of the subject property. (P)
The following proffered condition applies to Tax IDs 773-657-
5505 and 773-656-2577:
The Applicant hereby amends Proffered Condition 5 of Case
02SN0213 as follows. All other conditions of Case 02SN0213
shall remain in force and effect.
5. A thirty (30) foot setback shall be maintained
along the northern property line. Within this
setback, trees having a caliper of three (3) inches
or greater shall be maintained except for those
which are dead, diseased or dying. (P)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
16SN0137
In Bermuda Magisterial District, Frances Payne requests
renewal of manufactured home permit (Case 96SR0138) to permit
a temporary manufactured home and amendment of zoning
district map in a Residential (R-7) District on 0.3 acres
known as 7724 Senate Street. Density is approximately 3 units
per acre. The Comprehensive Plan suggests the property is
appropriate for Residential use (2.51-4 units/acre). Tax IDs
788-677-6426, 6819 and 7320.
Mr. Turner presented a summary of Case 16SN0137 and stated
staff recommended approval, subject to the conditions.
Ms. Frances Payne accepted the recommendation.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
approved Case 16SN0137, subject to the following conditions:
1. The applicant shall be the owner and occupant of the
manufactured home. (P)
2. No additional permanent -type living space may be added
onto this manufactured home. This manufactured home
shall be skirted but shall not be placed on a permanent
foundation. (P)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
16SN0588
In Midlothian Magisterial District, Main Street Homes and
Rebkee Partners Winterfield LLC request amendment of zoning
(Cases (06SN0110 and 06SN0111) relative to cash proffers and
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a conditional use planned development to permit exceptions to
ordinance requirements relative to setbacks and amendment of
zoning district map in a Residential Townhouse (R-TH)
District on 23.6 acres fronting the east and west lines of
Winterfield Road, north of the Southern Railroad. Density
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for Residential use (1.01 to 2.5 units per acre).
Tax IDs 724-710-8357; 725-710-2863, 3169, 3172, 3267, 3361,
3364, 3459, 3554, 3557, 3593, 3652, 3749, 3993, 4235, 4467,
5395, 5591, 5687, 5784, 5880, 5976, 6072, 6168, 6264, 6360,
6456, 6553, 6748, 7045 and 8357; and 725-711-3400.
Mr. Turner presented a summary of Case 16SNO588 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Mr. Andy Scherzer, representing the applicant, accepted the
recommendation.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Ms. Haley, seconded by Mr. Holland, the Board
approved Case 16SNO588 and accepted the following proffered
conditions:
With the approval of this request, Proffered Condition 6 of
Case 06SNO110 and Proffered Condition 6 of Case 06SNO111
shall be amended for the entire property and Textual
Statement Item V.A.l.e. of Case 06SNO110 shall be amended for
Tax ID 725-710-3993 only, as outlined below. All other
conditions of Cases 06SNO110 and Case 06SNO111 shall remain
in force and effect.
The Applicant amends Proffered Condition 6 of Case 06SNO110
and Case 06SNO111 to read as follows:
1. Cash Proffer. For each dwelling unit, the
applicant, sub -divider, or assignee(s) shall pay
the following to the County of Chesterfield, prior
to the issuance of a building permit for
infrastructure improvements within the cash proffer
service district for the property, unless state law
prevents enforcement of that timing:
A. $18,966.00 per dwelling unit for the period
beginning the July 1 preceding the Board of
Supervisors' approval of the case through July
1 four years later, at which point the amount
will be adjusted for the cumulate change in
the Marshall and Swift BuildirIg Cost Index
during that time period.
B. Thereafter, the per dwelling unit cash proffer
amount shall be automatically adjusted,
annually, by the annual change in the Marshall
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9
9
and Swift Building Cost Index on July 1 of
each year.
C. Cash proffer payments shall be spent for the
purposes proffered or as otherwise permitted
by law.
D. Should Chesterfield County impose impact fees
at any time during the life of the development
that applicable to the Property, the amount
paid in cash proffers shall be in lieu of or
credited toward, but not be in addition to,
any impact fees, in a manner determined by the
County. (B)
The Applicant amends Textual Statement Item V.A.l.e. of Case
06SN0110 shall be amended for Tax ID 725-710-3993 only, as
outlined below.
2. The Textual Statement last revised February 29,
2016 shall be considered the Master Plan for Tax ID
725-710-3993. (P)
The Applicant offers the following additional proffered
conditions:
3. A minimum six (6) foot tall board on board (two
sided) wood fence shall be provided and maintained
along the northern and eastern property boundary as
generally shown on Exhibit A, prepared by Balzer
and Associates, Inc., dated January 18, 2016 and
last revised February 11, 2016. Prior to the
issuance of the first occupancy permit for any
building adjacent to either the northern or eastern
property boundaries, the fence shall be installed
along the respective northern or eastern property
boundary. (P)
4. Two landscaped parking islands shall be provided
along West Winterfield Road as generally shown on
Exhibit A, prepared by Balzer and Associates Inc.,
dated January 18, 2016 and last revised February
11, 2016, subject to Planning Department and VDOT
approval. The islands shall be installed prior to
the first occupancy permit for a building on a lot
adjoining West Winterfield Road. (P)
5. A clubhouse with a minimum of 1,800 square feet of
gross floor area shall be provided. Such clubhouse
shall receive a Certificate of Occupancy prior to
the issuance of the 74th building permit for the
project. ( P)
6. Limitations on Timing of Construction Activity
A. Permitted Hours For Construction:
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04/27/16
i. Construction activity shall be limited to
between the hours of 7:00 a.m. and 7:00
p.m. Monday through Friday; 7:00 a.m. to
6:00 p.m. on Saturday; and 8:00 a.m. to
5:00 p.m. on Sunday. For the purpose of
this condition, construction activity
shall be considered land clearing;
grading; installation of infrastructure
(such as roads, utilities and storm
drainage); and exterior construction of a
dwelling.
ii. This condition is not intended to
restrict the hours of home construction
(such as with additions or alterations)
once a dwelling is occupied as a
residence.
iii. Within 30 days of approval of this
request, these restrictions shall be
posted in English and Spanish on 2' X 2'
signs that are clearly legible from the
public rights of way at the entrances
into the development. Such signs shall
be maintained by the developer and shall
remain until all construction activity is
complete. The Developer shall provide
written confirmation to the Planning
Department that the sign postings have
occurred as required by this condition.
(P)
7. The minimum gross floor area for each attached unit
(Single Family B, Case 06SN0110) shall be 1,500
square feet. (BI and P)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
19SWO976
In Matoaca Magisterial District, Christopher Neil Carty
requests conditional use planned development to permit an
exception to road frontage requirements and amendment of
zoning district map in an Agricultural (A) District on 30.3
acres lying 1,005 feet off the east line of River Road, 2,520
feet south of Graves Road. Density will be controlled by
zoning conditions or Ordinance standards. The Comprehensive
Plan suggests the property is appropriate for Residential
Agricultural use (maximum of 0.5 dwellings per acre). Tax ID
758-617-3730.
Mr. Turner presented a summary of Case 16SN0676 and stated
both the Planning Commission and staff recommended approval,
subject to the conditions.
Mr. Christopher Neil Carty accepted the conditions.
16-307
04/27/16
F,
PE
9
Mr. Elswick called for public comment.
Mr. William Wilson expressed concerns relative to the
applicant's right of way running through his personal
property and the possibility of increased traffic.
In response to Ms. Jaeckle's question, Mr. Carty stated a
single-family dwelling is proposed on the request property,
which does not front on a state -maintained road.
Mr. Wilson also expressed concerns relative to the use of the
existing access easement and driveway that serves adjoining
properties.
There being no one else to address the issue, the public
hearing was closed.
Mr. Elswick recommended deferring the case for thirty days in
order to address concerns relative to the easement.
Mr. Elswick then made a motion, seconded by Mr. Holland, for
the Board to defer Case 16SN0676 until May 25, 2016.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
16SN0679
In Clover Hill Magisterial District, Laura Moss Wallace and
William Brian Simonson request rezoning from Agricultural (A)
to Residential (R-25) and amendment of zoning district map on
7.7 acres fronting 200 feet on the west line of Hazelmere
Drive, 290 feet south of Rexmoor Drive. Residential use of up
to 1.74 units per acre is permitted in the Residential (R-25)
District. The Comprehensive Plan suggests the property is
appropriate for Residential (1.5 dwellings/acre or less). Tax
IDs 740-702-3887 and 6083.
Mr. Turner presented a summary of Case 16SN0679 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Mr. William Simonson accepted the recommendation.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Mr. Winslow, seconded by Ms. Haley, the Board
approved Case 16SN0679 and accepted the following proffered
conditions:
16-308
04/27/16
1. Density. The density of this development shall not
exceed three (3) lots. (P)
2. Lot Size. The minimum lot size shall be 30,000 square
feet. (P)
3. Minimum House Size. The minimum gross floor area for
each dwelling unit shall be 2,400 square feet. (P)
4. Architectural/Design Elements. The following
requirements shall apply to any new dwelling constructed
on the property:
a. Driveways. All portions of driveways and
parking areas shall be asphalt or concrete.
b. Landscaping and Yards.
i. Supplemental Trees. Prior to the issuance
of a Certificate of Occupancy for each
dwelling unit, a minimum of one (1)
flowering tree shall be planted in each
front yard. At the time of planting,
these supplemental trees shall have a
minimum caliper of 2" measured at breast
height (4' 10" above ground).
ii. Front Foundation Planting Beds.
Foundation planting is required along the
entire front facade of all units, and
shall extend along all sides facing a
street. Foundation Planting Beds shall be
a minimum of 4' wide from the unit
foundation. Planting beds shall be
defined with a trenched edge or suitable
landscape edging material. Planting beds
shall include medium shrubs and may also
include spreading groundcovers.
C. Architecture and Materials.
i. Foundations: The exposed portion of any
foundation shall be brick or stone.
Synthetic or natural stucco foundations
may be permitted for facades constructed
entirely of stucco. Rear walkout basement
walls shall be permitted to be sided or
cast concrete painted to match house.
ii. Exterior Facades: Acceptable siding
materials include brick, stone, masonry,
stucco, synthetic stucco (E.I.F.S), and
horizontal lap siding. Horizontal lap
siding may be permitted to be
manufactured from natural wood or cement
fiber board or may be premium quality
vinyl siding. Plywood and metal siding
are not permitted. Additional siding
requirements:
1. Cementitious and vinyl siding is
permitted in traditional wide beaded
styles only. Premium quality vinyl
16-309
04/27/16
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9
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is defined as vinyl siding with a
minimum wall thickness of .044".
2. Synthetic Stucco (E.I.F.S.) siding
shall be finished in smooth, sand or
level texture. Rough textures are
not permitted.
iii. Roof Material: Roofing material shall be
dimensional architectural shingles or
better with a minimum 30 year warranty.
iv. Porches, Stoops and Decks
1. Front Porches: All front entry
stoops and front porches shall be
constructed with continuous masonry
foundation wall or on 12"x12"
masonry piers. Extended front
porches shall be a minimum of five
(5)' deep. Space between piers under
porches shall be enclosed with
framed lattice panels. Handrails and
railings shall be finished painted
wood or metal railing with vertical
pickets or swan balusters. Pickets
shall be supported on top and bottom
rails that span between columns.
2. Front Porch Flooring: Porch
flooring shall be permitted to be
concrete, exposed aggregate
concrete, or a finished paving
material such as stone, tile or
brick, finished (stained dark) wood,
or properly trimmed composite
decking boards. Unfinished treated
wood decking is not permitted. All
front steps shall be masonry to
match the foundation.
V. Garages: Front loaded garages shall be
prohibited. Any garage shall be side or
rear loaded. (P)
5. Cash Proffers. For each dwelling unit, the
applicant, sub -divider, or assignee(s) shall pay
the following to the County of Chesterfield, prior
to the issuance of a building permit for
infrastructure improvements within the cash proffer
service district for the property, unless state law
prevents enforcement of that timing:
a. $18,966 per dwelling unit for the period
beginning the July 1 preceding the Board of
Supervisors' approval of the case through July
1 four years later, at which point the amount
will be adjusted for the cumulate change in
the Marshall and Swift Building Cost index
during that time period.
16-310
04/27/16
b. Thereafter, the per dwelling unit cash proffer
amount shall be automatically adjusted,
annually, by the annual change in the Marshall
and Swift Building Cost Index on July 1 of
each year.
C. Cash proffer payments shall be spent for the
purposes proffered or as otherwise permitted
by law. (B&M)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
16SN0682
In Bermuda Magisterial District, Linda Carol Roper and Rachel
Carol Massey request conditional use to permit a family day
care home and amendment of zoning district map in a
Agricultural (A) District on 5.9 acres known as 11400 Chester
Road. Density will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for Residential use (2.5 dwellings
per acre or less). Tax ID 788-658-6842.
Mr. Turner presented a summary of Case 16SN0682 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Ms. Roper and Ms. Massey accepted the recommendation.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
approved Case 16SN0682 and accepted the following proffered
conditions:
1. Non -Transferable Ownership: This conditional use
approval shall be granted to and for Rachel Carol
Massey, exclusively, and shall not be transferable, nor
run with the land. (P)
2. Expansion of Use: There shall be no exterior additions
or alterations to the existing structure to accommodate
this use. (P)
3. Signage: There shall be no signs permitted to identify
this use. (P)
4. Number of Children: This conditional use approval shall
be limited to providing care, protection and guidance to
a maximum of twelve (12) children, other than the
applicant's own children or any children that reside in
the home, at any one time. (P)
5. Hours of Operation: Hours and days of operation shall be
limited to Monday through Friday from 6 a.m. to 6 p.m.
There shall be no Saturday or Sunday operation of this
use. (P)
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04/27/16
19
9
9
6. Time Limitation: This conditional use approval shall be
granted for a period not to exceed five (5) years from
the date of approval. (P)
7. Fenced Outdoor Play Areas: Any outdoor play area and/or
recreational equipment utilized by the family day-care
home shall be located in the side or rear yard of the
property. Outdoor play and/or recreational equipment
areas shall have perimeter fencing of at least four feet
in height, installed and maintained around the equipment
or play area. All equipment for outdoor play areas
shall be located no closer than fifteen (15) feet from
the side or rear property lines. (P)
8. Employees: No more than one (1) employee shall be
permitted to work on the premises other than family
member employees that live on the premises. (P)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
16SN0687
In Matoaca Magisterial District, Powhatan Community Church
requests amendment of conditional use (Case 87SN0028) to
permit a church use and amendment of zoning district map in
an Agricultural (A) District on 4.6 acres known as 21401 Hull
Street Road. Density will be controlled by zoning conditions
or Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for Rural Residential/Agricultural.
Tax ID 686-664-5394.
Mr. Turner presented a summary of Case 16SN0687 and stated
both the Planning Commission and staff recommended approval,
subject to the one condition.
Mr. Jeremy Ford, representing the applicant, accepted the
condition and expressed appreciation to Planning staff for
their assistance relative to the case.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Mr. Elswick, seconded by Mr. Holland, the Board
approved Case 16SN0687, subject to the following condition:
In addition to the uses permitted by Condition 6 of Case
87SN0028, the following use shall also be permitted:
a. Church. (P)
(Staff Note: Except as amended herein, all previous
conditions of zoning approved in Cases 87SN0028 and 95SN0198
shall remain in full force and effect.)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
16SN0674
In Bermuda Magisterial District, Shawn D. Dunn requests
exceptions to Section 18-60 of the utility ordinance for
16-312
04/27/16
required public water and sewer connections and amendment of
zoning district map in a General Industrial (I-2) District on
2.6 acres fronting 295 feet on the west line of Happy Hill
Road, 1,285 feet north of Jefferson Davis Highway. Density
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for Corporate Office/Research and Development/
Light Industrial uses. Tax IDs 800-632-3167 and 3880.
Mr. Turner presented a brief summary of Case 16SN0674.
Ms. Peterson then presented a more detailed summary of Case
16SN0674 and stated the Planning Commission recommended
approval because the proposal accommodates small business
where mandatory utility connection requirements are cost -
prohibitive and conditions will accommodate future utility
extensions by others, and require utility connections for
uses on the request properties upon availability. She further
stated staff recommended denial because the proposal
adversely affects achieving the highest and best land use
suggested by the Plan and adversely impacts the extension of
public water and sewer systems to area properties.
In response to Ms. Jaeckle's questions, Mr. George Hayes,
Director of Utilities, stated the estimated cost for the
business to extend the sewer line would be $311,000 and
$113,000 to extend the water line. He further stated the
issue comes down to the economic feasibility of extending the
lines to connect to the system. He stated should exceptions
be granted, public water and wastewater easements should be
provided to facilitate future utility extensions, and use of
the public systems should be required if and when extended to
within 200 feet of the subject property, as recommended by
the Planning Commission.
Ms. Jaeckle stressed the importance of providing a solution
needed to accommodate development where mandatory connection
requirements are cost -prohibitive for small businesses.
Mr. Dean Hawkins, representing the applicant, stated a
contractor's office and maintenance shop are planned. He
further stated the project would be serviced by an individual
well and septic tank. He stated there is a need to be
practical relative to land worth and size of the business
when compared to development costs and the intent of the
Comprehensive Plan is very valid in promoting public utility
use.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
Ms. Jaeckle stated the case justifies the exception to water
and wastewater connections.
Ms. Jaeckle then made a motion, seconded by Mr. Holland, for
the Board to approve Case 16SN0674, subject to the following
16-313
04/27/16
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9
9
conditions:
1. Utility Easements. Any site plan or building permit for
the subject parcels shall provide and dedicate public
utility easements in locations acceptable to the
Utilities Department to accommodate the future extension
of the public water and wastewater systems. Such
easements shall be dedicated prior to site plan
approval. (U)
2. Extension
sewer or
200 feet
wastewater
acceptable
requiring
connected
of Utilities. In the event that the public
water systems are extended to a point within
of the property, the public water and
systems shall be extended to a point
to the Utilities Department and all uses
domestic water and wastewater shall be
to the applicable public system. (U)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
Mr. Holland agreed with Ms. Jaeckle that the exception is
warranted in the proposal.
16SN0678
In Clover Hill Magisterial District, Jeffrey J. Appling
requests conditional use to permit recreational equipment
parking and storage and amendment of zoning district map in a
Residential (R-7) District on 0.3 acres known as 8513
Claypool Road. Density will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for Residential use
(2.51 to 4.0 dwelling units per acre). Tax ID 756-701-2981.
Mr. Turner presented a summary of Case 16SN0678 and stated
the Planning Commission recommended approval because the
orientation of the dwelling to the road creates a unique
situation, relocation of parking results in hardship and
conditions minimize impact on the neighboring property. He
further stated staff recommended denial because the parking
location has substantial visual impact on the adjoining
neighbor and the streetscape and an alternative parking
location is available.
Mr. Jeffrey J. Appling accepted the conditions.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
Mr. Winslow noted neighbors are in agreement with the
applicant's conditions and fencing provides screening to
closet neighbor to the east who has consented to the parking
location.
16-314
04/27/16
Mr. Winslow then made a motion, seconded by Mr. Holland, for
the Board to approve Case 16SN0678, subject to the following
conditions:
1. Non -Transferable Ownership. This Conditional Use
approval shall be granted exclusively to Jeffrey J.
Appling, and shall not be transferable nor run with the
land. (P)
2. Use. This Conditional Use approval shall be for the
parking of one (1) recreational vehicle having no more
than two (2) axels and no greater than twenty-six (26)
feet in length. (P)
3. Location of
unloading,
within the
Recreational Vehicle. Except for
the recreational vehicle shall
side yard, as shown on Exhibit A.
loading and
be parked
a. The parked recreational vehicle shall be setback a
minimum of one (1) foot from the side property
line.
b. The towing hitch of the recreational vehicle may
encroach into the front yard. The remainder of the
recreational vehicle shall be located within the
side yard. (P)
4. Fence. Within sixty (60) days of approval, a fence shall
be constructed along the east property line. The fence
shall screen the recreational vehicle from the street
and adjacent property owner and be constructed as shown
on Exhibit A with the following requirements:
a. A seven (7) foot tall privacy fence shall be
constructed in the side yard. This fence segment
shall be constructed parallel to the side of the
recreational vehicle.
b. A four (4) foot tall privacy fence shall be
constructed within the front yard. This fence
segment shall be constructed to be a minimum of ten
(10) feet in length. (P)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
16SN0683
In Bermuda Magisterial District, Pamela P. Buyalos and James
F. Buyalos, Jr. request conditional use to permit a business
16-315
04/27/16
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(grounds and landscape maintenance) incidental to a dwelling
and amendment of zoning district map in a Residential (R-12)
District on 0.5 acres known as 10816 Surry Circle. Density
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for Residential use (1.5 dwelling per acre or
less). Tax ID 792-662-2758.
Mr. Turner presented a brief summary of Case 16SN0683.
Mr. Ramsey then presented a more detailed of Case 16SNO683
and stated the Planning Commission recommended approval
because the conditions minimize impacts and the proposal
provides community service and is supported by neighboring
property owners. He further stated staff recommended denial
because the proposal does not comply with the Comprehensive
Plan and commercial encroachment is within a residential
neighborhood.
Mr. Kerry Hutcherson, representing the applicant, noted the
proffered conditions minimize impacts on area properties and
neighbors attending the community meeting were in support of
the zoning request.
In response to Ms. Jaeckle's question regarding time
limitation, Mr. Hutcherson agreed to the conditional use to
extend the time limitation from five years to ten years.
Mr. Holland noted there have been no complaints relative to
the business and its existence on the property.
Mr. Ramsey stated proffered conditions could not be modified
this evening; however, a condition could be imposed to
include the extension of the time limitation.
Discussion ensued relative to acceptance of the imposed
condition.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved Case 16SN0683, subject to the following condition:
Time Limitation: This Conditional Use shall be granted
for a period of ten (10) years. (P)
And, further, the Board accepted the following proffered
conditions:
1. Use: This Conditional Use approval shall be for the
operation of a contractor's office and storage yard
(landscaping and grounds maintenance business),
incidental to a dwelling. (P)
2. Non -Transferable Ownership: This Conditional Use
approval shall be granted exclusively to James F.
Buyalos, Jr. and Pamela P. Buyalos, and shall not
be transferable with the land. (P)
16-316
04/27/16
3. Not Accepted.
4. Equipment Storage: As part of the business, the
following equipment may be parked or stored on the
Property:
a. Two (2) service trucks
b. One (1) dump truck
C. Three (3) snow plow moldboards
d. One (1) multi -axle trailer
No other equipment or materials may be parked or
stored on the Property, unless it is concealed
within the dwelling or an accessory structure. (P)
5. Location of Use: The Conditional Use shall be
confined to the dwelling, accessory buildings, and
the storage and parking areas noted on Exhibit A,
dated February 23, 2016. (P)
6. Screening: The existing privacy fence, measuring a
minimum of six (6) feet tall, being constructed as
a wooden board -on -board fence, and extending along
the rear and side yards of the Property shall be
maintained. (P)
7. Employees and Clients: No more than one (1)
employee shall be permitted to work on the
Property. No clients shall be permitted on the
Property. (P)
8. Signage: There shall be no signs identifying this
use. (P)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
18. PUBLIC HEARINGS
18.A. TO CONSIDER AN AMENDMENT TO THE COUNTY CODE RELATED
TO FEE FOR DEFERRAL FROM PUBLIC HEARING/MEETING,
FINAL PLAT PRINT SUBMITTAL AND DEFINITIONS OF MAJOR
AND MINOR CHANGES
Mr. Cash stated this date and time has been advertised for
the Board to consider an amendment to the County Code related
to fee for deferral from public hearing/meeting, final plat
print submittal and definitions of major and minor changes.
He further stated preliminary plats show the proposed layout
for residential lot subdivision. He stated once approved, the
plats may only be modified through one of two processes
depending upon the magnitude of the proposed change. He
further stated if changes are major, the ordinance requires
submission of a new plat. He stated the development community
is encouraged to submit initial preliminary plat plans that
accommodate sufficiently the impacts that may result from
reasonable increases in lot density or other design changes
so as to avoid the major changes that result in a new
submittal.
Mr. Elswick called for public comment.
Mr. Greg Kuntz expressed appreciation to Planning staff for
their involvement with the engineering and development
16-317
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community relative to the proposed recommendations.
Mr. George Bryan urged the Board to approve the request.
Mr. Andrew Clark, Director of Government Affairs and Member
Services at Home Building Association of Richmond, expressed
appreciation to Planning staff for their hard work relative
to the proposed recommendations.
There being no one else to address the issue, the public
hearing was closed.
On motion of Mr. Holland, seconded by Ms. Haley, the Board
adopted the following ordinance amendment:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD,
1997, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 17-9,
17-48, 17-51 AND 17-85 OF THE SUBDIVISION ORDINANCE RELATING
TO FEES FOR DEFERRAL FROM PUBLIC HEARING/MEETING, FINAL PLAT
PRINT SUBMITTAL AND DEFINITIONS OF MAJOR AND MINOR CHANGES.
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 17-9, 17-48, 17-51 and 17-85 of the Code of
the County of Chesterfield, 1997, as amended, are amended and
re-enacted, to read as follows:
Sec. 17-9. Fees. In addition to any other required fees,
including those fees imposed by state agencies, the fees
provided in this section shall be submitted to the planning
department in conjunction with the specified application or
request.
Application Type
Fee (in dollars)
Initial Submittal plus 2
1000 plus 50 per
Revision Submittals
lot
Preliminary
Subdivision Plat
Fourth and Subsequent
Submittals
900
Overall Conceptual
Initial Submittal plus 2
Plan (submitted for
Revision Submittals
1100
review separate
Fourth and Subsequent
from Preliminary
Subdivision Plat)
Submittals
900
Initial Submittal plus 2
1400 plus 70 per lot
Revision Submittals
or parcel
Construction Plan
Fourth and SubsequentReview
1000
Submittals
Table Review
350
Construction Plan Adjustment
500 per submittal
Lot Subdivision Final Plat
1600 plus 30 per lot
Amended or Line Modification Final Plat
85 per lot or parcel
Residential Parcel and Family Subdivision Final
Plat
100 per lot or parcel
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Onsite Sewage Disposal System Soils Analysis
155 per lot or parcel
Review
Major Change to Approved Plat
1000 per submittal
Technical Correction Letter per Requested Change
100
1000 per dinance
Exceptions to Subdivision Requirements Sec. 17-8
section[l]
1000 for first
Deferral Request by Applicant from Planning
deferral
Commission Public Hearing/Meeting
plus 2000 for each
deferral thereafter
Written Verification of Subdivision or Subdivision
150
Interpretation
[1] This fee is in addition to fees applicable to a subdivision plat
review.
SIG
Sec. 17-48. Lot subdivision final plat process.
C. Plat approval.
000
2. After the final plat has been reviewed to an
approvable format, the subdivider may submit two
final plat prints suitable for recordation that
incorporate and address final plat written review
comments and conditions. The prints shall conform to
the Virginia State Library and Archives Standards for
plats.
000
Sec. 17-51. Residential parcel subdivision final plat.
e We
D. Plat Approval.
000
3. After the final plat has been reviewed to an
approvable format, the subdivider may submit two
final plat prints suitable for recordation that
incorporate and address final plat written review
comments and conditions. The prints shall conform to
the Virginia State Library and Archives Standards for
plats.
000
Sec. 17-85. Definitions.
000
D. The following definitions shall apply to this chapter:
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Major Change: For the purpose of article II of this
chapter, significant alteration which, as determined by
the plans review team, changes the overall design
intent, or impacts surrounding properties, land use of
the subject property or compliance with this chapter.
Such alteration may include, but not be limited to:
1. Road creation, realignment or extension;
2. VSMP and CBPA compliance;
3. BMP relocation affecting adjacent property;
4. Impact upon, or modification to, environmental
features; or
5.Major water or wastewater facility relocation.
Minor Change: For the purpose of article II of this
chapter, alteration not defined as, or determined by the
plans review team to be, a Major Change, so long as the
alteration does not conflict with applicable provisions
of this chapter.
000
VSMP: Virginia Stormwater Management Program regulations
authorized by the Virginia Stormwater Management Act.
(2) That this ordinance shall become effective upon
adoption.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
Mr. Holland and Ms. Jaeckle commended Planning staff for
their involvement with the development community relative to
the proposal and modifications to allow more staff
flexibility.
19. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
There were no remaining requests for manufactured home
permits or rezoning at this time.
20.
FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
21. ADJOURNMENT, CONVENING OF CLOSED SESSION, AND NOTICE OF
NEXT SCHEDULED MEETINGS OF THE BOARD OF SUPERVISORS
On motion of Mr. Holland, seconded by Ms. Haley, the Board
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adjourned at 8:09 p.m. and convened to a 15 -day closed
session at undisclosed locations pursuant to Section 2.2-
3711(A)(1), Code of Virginia, 1950, as amended, for
discussion and consideration of prospective candidates for
employment as County Administrator. The Board is adjourning
to two future meetings. First, the Board will meet on
Thursday, May 12, 2016, at 1:00 p.m. in the Public Meeting
Room to come out of the 15 -day closed session and to certify
the closed session. Second, the Board is adjourning to
Friday, May 13, 2016, at 8:30 a.m. at Virginia State
University's Gateway Dining/Event Center for a joint retreat
with the Chesterfield County School Board.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
`James J.L. t gmai Step en A. Elswick
County A4ministrat r Chairman
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