03-10-2004 MinutesBOARD OF SUPERVISORS
MINUTES
March 10, 2004
Supervisors in Attendance~
Mr. Kelly E. Miller, Chairman
Mr. Edward B. Barber, Vice Chrm.
Mrs. Renny B. Humphrey
Mr. R. M. "Dickie" King, Jr.
Mr. Arthur S. Warren
Mr. Lane B. Ramsey
County Administrator
Staff in Attendance~
Colonel Carl R. Baker,
Police Department
Mr. George Braunstein,
Exec. Dir., Community
Services Board
Ms. Jana Carter, Dir.,
Youth Services
Ms Marilyn Cole, Asst.
County Administrator
Ms Mary Ann Curtin, Dir.,
Intergovtl. Relations
Mr Mike Dance, Asst.
Dir., Accounting
Ms Rebecca Dickson, Dir.,
Budget and Management
Mr Robert Eanes, Asst. to
the County Administrator
Ms Lisa Elko, CMC
Clerk
Chief Stephen A. Elswick,
Fire Department
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. Lawrence C. Haake, III
Registrar
Mr. Bradford S. Hammer,
Deputy Co. Admin.,
Human Services
Mr. John W. Harmon,
Right-of-Way Manager
Mr. Russell Harris, Mgr.
of Community Development
Services
Mr Joseph Horbal,
Commissioner of Revenue
Mr Thomas E. Jacobson,
Dir., Planning
Mr H. Edward James,
Dir., Purchasing
Mr Donald Kappel, Dir.,
Public Affairs
Mr Louis Lassiter, Dir.,
Internal Audit
Mr R. John McCracken,
Dir., Transportation
Mr Richard M. McElfish,
Dir., Env. Engineering
Mr Steven L. Micas,
County Attorney
Mr F. 0. Parks, Dir.,
Information Systems Tech.
Mr Francis Pitaro, Dir.,
General Services
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Mr. James J. L. Stegmaier,
Deputy Co. Admin.,
Management Services
Mr. M. D. Stith, Jr.,
Deputy Co. Admin.,
Community Development
Mr. Thomas Taylor, Dir.,
Block Grant Office
Mr. B. R. Wilkinson,
License Inspector
Mr. Bill Wright, Asst.
Dir., Utilities
Mr. Scott Zaremba, Asst.
Dir., Human Resource
Management
Mr. Miller called the regularly scheduled meeting to order at
3:35 p.m.
1. APPROVAL OF MINUTES FOR FEBRUARY 25, 2004
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
approved the minutes of February 25, 2004, as submitted.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
0 LEGISLATIVE UPDATE
Ms. Curtin provided an update on 2004 General Assembly
actions. She first reviewed the status of the county's
legislative requests, stating that the proposals for
Supplemental Health Department salaries, allowing localities
to pay for background checks, appropriating funds to certain
non-profits, as well as the Charter change on the sewer
assessment districts were all approved by both the House and
Senate easily and with virtually no opposition. She further
stated, although there was some opposition, the request
regarding CSA financial responsibility was also approved by
both the House and Senate. She stated Senate Bill 123
regarding road impact fees was carried over. She further
stated that, although House Bill 1429 which would strengthen
the state's erosion and sediment control ordinance was
carried over, serious discussions evolved with the Virginia
Department of Transportation and others regarding the
proposal. She then reviewed other legislative requests that
the county was actively involved in. She stated House Bill
741 regarding the transient occupancy tax for the Richmond
Region was approved and is awaiting the Governor's signature.
Discussion ensued relative to the difference between House
Bill 741 and Senate Bill 367 regarding the transient
occupancy tax.
Mrs. Humphrey stated she had requested that localities be
allowed to use their enterprise zone authority to provide
relief for hotels/motels in parts of the county found to
derive lower occupancy benefits from the Convention Center,
and inquired whether this initiative was approved.
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Ms. Curtin stated the deadline for submitting legislation had
passed when the Board made this request. She noted the
statewide hotel/tourist association indicated they would
strongly object to an exemption for hotels/motels in
enterprise zones. She continued to review other legislative
requests that the county was actively involved in, stating
that the storm water management proposal was approved and the
proposal for the Line of Duty Act was carried over. She then
reviewed the status of various legislative requests relative
to land use. She stated House Bill 417 regarding ready
access to cash proffer reports was approved and noted that
the statewide Homebuilders Association expressed concerns
relative to localities who do not spend their cash proffer
funds in a timely enough manner, indicating that legislation
may be brought forward next year regarding timely expenditure
of cash proffers. She stated the conferees have missed their
first deadline for presenting the final state budget;
therefore, the final outcome is not known at this time.
Mr. Barber expressed concerns that the state's contribution
towards the Sheriff's budget has decreased from 60 percent to
approximately 35 percent, and the county must make up the
difference. He requested that Ms. Curtin and Ms. Dickson
prepare a report for the Board indicating the amount of state
support received by the Sheriff, Schools and Constitutional
Officers over the past five to ten years.
Ms. Curtin stated she and Ms. Dickson will provide this
information for the Board.
Mr. Barber then requested a summary of how the county's
legislative delegation acted on various requests that would
benefit the county.
In response to Mr. Ramsey's question, Ms. Curtin stated both
Henrico and Chesterfield's road impact fee requests were
referred to the Growth Commission, noting that if the Growth
Commission did not survive the final budget reductions, the
legislative requests would be referred to the Senate Local
Government Committee.
3. BOARD COMMITTEE REPORTS
There were no Board committee reports at this time.
REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE
ORDER OF PRESENTATION
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
added Item 8.B.3.c., Set Date for Public Hearing to Consider
a Fourth Amendment to the FBO Services and Lease Agreement
with Dominion Aviation Services, Incorporated and a Second
Amendment to the Airport Ground Lease; replaced Item 16.E.,
Public Hearing to Consider Approval of a Ground Lease in
Connection with Certificates of Participation Financing for
Various Capital Improvement Projects, and Adoption of a
Resolution to Authorize Entering into a Ground Lease and
Other Actions Related to Certificates of Participation
Financing for Various Capital Improvement Projects, and the
Appropriation of Funds in Anticipated Proceeds for the
Chester House Rehabilitative Project and Hangar Space at the
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Chesterfield County Airport;
amended.
and adopted the Agenda, as
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
5. RESOLUTIONS AND SPECIAL RECOGNITIONS
5.A. RECOGNIZING MAJOR STEPHEN E. DAVIS, POLICE DEPARTMENT,
UPON HIS RETIREMENT
Colonel Baker introduced Major Stephen Davis who was present
to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Major Stephen E. Davis retired from the
Chesterfield County Police Department on February 1, 2004,
after providing 29 years of quality service to the citizens
of Chesterfield County; and
WHEREAS, Major Davis has faithfully served the county in
the capacity of Patrol Officer, Investigator, Crime
Prevention Technician, Sergeant, Lieutenant, Captain,
Inspector, and Major; and
WHEREAS, Major Davis is a 1997 graduate of Chesterfield
County's TQI University; and
WHEREAS, Major Davis received the Police Combat Ribbon
for heroism involving an incident in June 1977 after he
responded to a call where an individual was firing shots at a
train, and subsequently shot at responding police officers;
and
WHEREAS, Major Davis was awarded the Life Saving Award
in 1978 for his actions after a vehicle caught fire and the
driver became disoriented and could not get out of the
vehicle; Officer Davis pulled the driver from the car to
safety, before the car was engulfed in flames and his actions
saved the driver from serious injury or death; and
WHEREAS, Major Davis served as co-project manager for
the state of the art Small Arms Firing Range and was
responsible for the outstanding relationship between the
Chesterfield County Police Department and surrounding
property owners; and
WHEREAS, Major Davis served as co-project manager for
Public Safety Communications System - Phase I (800 MH trunked
system), where his years of service in the Police Department
and his keen awareness of public safety needs of the 21st
century were outstanding contributions to the project; and
WHEREAS, Major Davis served as Project Manager for the
Public Safety Emergency Communications System - Phase II, and
performed admirably in this capacity; and
WHEREAS, Major Davis implemented an innovative program,
the Public Safety Interagency Emergency Communications:
Regional Cooperation, that won a 2002 NACo Achievement Award;
and
WHEREAS, Major Davis has received numerous letters of
thanks and appreciation for service rendered from the
citizens of Chesterfield County; and
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WHEREAS, Major Davis has provided the
County Police Department with many years of
dedicated service; and
Chesterfield
loyal and
WHEREAS, Chesterfield County and the Board
Supervisors will miss Major Davis' diligent service.
of
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 10tn day of March 2004,
publicly recognizes Major Stephen E. Davis, and extends on
behalf of its members and the citizens of Chesterfield
County, appreciation for his service to the county,
congratulations upon his retirement, and best wishes for a
long and happy retirement.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Major Davis, and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mr. Miller presented the executed resolution and a Jefferson
Cup to Major Davis, accompanied by Colonel Baker, and
expressed appreciation for his dedicated service.
Major Davis expressed appreciation to numerous individuals
who provided significant support to him during his 29 years
of service.
5.B. RECOGNIZING MARCH 28, 2004 - APRIL 3, 2004, AS "BOYS
AND GIRLS CLUB WEEK" IN CHESTERFIELD COUNTY
Ms. Carter introduced Ms. Mary McRoberts, Executive Director
of the Boys and Girls Club, Falling Creek Club "Youth of the
Year" Alleese Gooden, and Matoaca Club ~Youth of the Year"
Kellie Quash who were present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the young people of Chesterfield County are
tomorrow's leaders; and
WHEREAS, many such young people need professional youth
services to help them cope with a wide range of social and
financial hardships; and
WHEREAS, there are two Boys and Girls Clubs in
Chesterfield County - at Falling Creek Middle School and
Matoaca Middle School - providing services to 1,000 young
people annually; and
WHEREAS, the Boys and Girls Clubs are at the forefront
of efforts in substance abuse prevention, delinquency
prevention, and academic enhancement programs; and
WHEREAS, the Boys and Girls Clubs in our county help
ensure that our young people stay off the streets, offering
them a safe and supportive place to go and providing them
with quality programs in leadership and character
development; and
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WHEREAS, the Boys and Girls Clubs of Chesterfield County
will celebrate National Boys and Girls Club Week, 2004 along
with some 3,300 Boys and Girls Club organizations and more
than three million young people nationwide.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 10th day of March 2004,
publicly recognizes March 28, 2004 through April 3, 2004, as
~Boys and Girls Club Week" and commends the Boys and Girls
Clubs of Chesterfield County for providing comprehensive,
effective services to the young people in our community.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mr. Miller and Mrs. Humphrey presented the executed
resolutions to Miss Gooden and Miss Quash, accompanied by Ms.
McRoberts, Ms. Carter and Colonel Baker, and expressed
appreciation for the accomplishments made by both of the
county's clubs.
5.C. RECO~NIZIN~ MS. MARSHA LITTON FOR HER CONTRIBUTIONS TO
THE CHESTERFIELD COUNTY PARKS AND RECREATION ADVISORY
COMMISSION
Mr. Golden introduced Ms. Marsha Litton who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Chesterfield County Parks and Recreation
Advisory Commission was established in 1993 by the Board of
Supervisors for the purpose of assessing the recreation needs
of the county, advising the Board of Supervisors and county
staff, and making specific recommendations on the most
equitable use of facilities; and
WHEREAS, Ms. Marsha Litton was appointed as a member of
the Commission representing the School Board, and since that
time has served the citizens of Chesterfield with
distinction; and
WHEREAS, Ms. Litton served as Chair of the Future
Visions Committee from 2000 through 2003 and regularly
resolved issues and brought forth policy recommendations
later adopted by the Commission; and
WHEREAS, the Commission provided guidance and direction
on development of ball field maintenance standards and
capital improvements for new facilities, including design of
the restroom/concession building at Chalkley Elementary
Athletic Complex; and
WHEREAS, the Commission set schedules for sports season
dates and recommended assignments of facilities to co-
sponsored leagues; and
WHEREAS, Ms. Litton and the Commission sought public
input and guided passage of the Parks and Recreation Master
Plan for acquisition and development of new parks and
recreation facilities throughout the county; and
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WHEREAS, Ms. Litton represented the youth of the
county's school population and brought her own expertise and
training in the Parks and Recreation field to the decision
making process; and
WHEREAS, the Commission developed and has created a
Recreational Volunteers recognition program, with the first
awards ceremonies to be in Spring 2004; and
WHEREAS, Ms. Litton has contributed greatly to the
Chesterfield community.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 10th day of March 2004,
publicly recognizes Ms. Marsha Litton, and commends her for
her dedicated and outstanding service to the Parks and
Recreation Advisory Commission and to the citizens of
Chesterfield County.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mr. Miller presented the executed resolution to Ms. Litton,
accompanied by her mother and Mr. Golden, and expressed
appreciation for her exemplary service on the Parks and
Recreation Advisory Commission.
Ms. Litton expressed appreciation to both the Board of
Supervisors and the School Board for their support.
6. WORK SESSION
0 COUNTY ADMINISTRATOR'S FY2005/2006 BIENNIAL FINANCIAL PLAN
INCLUDING A REVIEW OF THE COUNTY ADMINISTRATOR'S PROPOSED
FY2005/2006 EXPENDITURE BUDGET, AND A PRESENTATION FROM
MANAGEMENT SERVICES
Ms. Dickson presented an overview of the proposed biennial
financial plan for FY2005 and FY2006. She first reviewed
percentage increase in the demand for services from FY1991-
FY2003. She noted that the tax rates for FY2005 are all
proposed to remain constant. She stated primary
considerations in preparing the FY2005 budget included
funding the balance of the operating costs of new facilities
from the 1996 Bond Referendum; assuming no restoration of
state funding cuts; placing priority in the areas of
education, public safety and human services; and providing
for a 2.5 percent merit increase, covering approximately 78
percent of the healthcare rate increase, and covering a 42.5
percent increase in retirement costs for employees for
retention/recruitment. She further stated the proposed
FY2005 budget totals $883,886,800, representing an 8.8
percent increase over the FY2004 adopted budget. She noted
51.7 percent of the proposed total budget is for schools.
She reviewed General Fund FY2005 projected revenues versus
FY2004 adopted revenues and FY2005 estimated expenditures
versus FY2004 adopted expenditures. She provided details of
various budget initiatives that support each of the county's
eight strategic goals. She reviewed FY2005 General Fund
sources and uses as well as FY2005 balancing initiatives.
She provided details of new positions requested for FY2005
and reviewed FY2006 challenges. She stated increases are
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proposed for administrative fees for the collection of
delinquent taxes in the Treasurer's Office; residential and
commercial inspection fees in Building Inspection; and
various fees in Waste and Resource Recovery. She noted staff
is preparing additional options to package the proposed
increases in Waste and Resource Recovery while utilizing
existing resources to address litter issues in various areas
of the county. She then introduced Mr. Steqmaier to present
the proposed FY2005 budget for Management Services.
Mr. Steqmaier stated the proposed FY2005 Management Services
budget totals $79,817,800 and noted a significant amount of
the increase from FY2005 is funded by revenue generated by
the programs within the division. He further stated the
proposed fee increases in Waste and Resource Recovery will
result in a "pay as you throw" concept with the citizens who
take advantage of the services, such as leaf collection,
paying for the cost of receiving those services. He stated
there is a significant increase in the Registrar's budget to
purchase a new type of voting machine. He further stated
increases in the Sheriff's budget are a result of an
increased number of prisoners being housed at Riverside
Regional Jail and the costs of opening the replacement jail
facility. He noted many of the services provided by the
county are moving to a web based delivery to the citizens.
He stated there is a decrease in Risk Management's budget
primarily due to allocation of retained earnings from Risk
Management to cover the local share of the cost for debris
cleanup from Hurricane Isabel. He further stated the
additional positions requested in the Commissioner of the
Revenue's Office will generate significantly more revenue
than the cost of the positions. He stated the increase in
Communications Maintenance is a result of additional
positions necessary to maintain the new public safety
communication system. He reviewed success stories to support
the county's goal of being an exemplary steward of the public
trust, in the areas of ratio of employees supported per
Management Services employee; square feet to worker ratio;
tax collection rate; diversity of contractors and vendors;
cost avoidance totals in Purchasing; FY2003 savings per audit
dollar; regional comparison of assessment and fiscal
integrity; number of parcels handled per appraiser; and the
number of hours saved in Accounting. He then reviewed
success stories to support the county's goal of providing
world-class customer service, in the areas of expenditures
versus revenue comparison in License Inspection; Airport
security upgrade and terminal opening; the remediation
project at Henricus Park; and the customer service rating for
Management Services. He reviewed strategic accomplishments
to support the county's goal of being the employer of choice
and provided details of the extremely high performance rating
of Management Services in the 2002 Organizational Climate
Assessment.
Mr. Miller thanked Mr. Stegmaier for the
presentation.
informative
7. DEFEND I?~S
There were no deferred items at this time.
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8. NEW BUSINESS
8.A. APPOI~NTS
On motion of Mr. Warren, seconded by Mr. Barber, the Board
suspended its rules at this time to allow for simultaneous
nomination/appointment/reappointment of members to serve on
the Airport Advisory Board and Committee on the Future.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.A.1. AIRPORT ADVISORY BOARD
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
simultaneously nominated/reappointed Mr. Francis M. Pitaro to
serve as an Ex Officio member of the Airport Advisory Board,
whose term is effective immediately and expires February 14,
2008.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8 .A.2. COMMITTEE ON THE FUTURE
On motion of Mr. King, seconded by Mr. Warren, the Board
simultaneously nominated/appointed Mrs. Sarah Eastwood,
representing the Bermuda District, to serve on the Committee
on the Future, whose term is effective immediately and will
be at the pleasure of the Board.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B. CONSENT ITEMS
8.B.2. AUTHORIZE THE RECEIPT AND APPROPRIATION OF FUNDS FROM
THE PHILIP MORRIS EMPLOYEE COMMUNITY FUND FOR THE
PURCHASE OF ONE NEW UPDATED DEFIBRILLATOR
On motion of Mr. Warren, seconded by Mr. Barber, the Board
authorized the Fire and Emergency Medical Services Department
to receive $23,250 in funds from the Philip Morris Employee
Community Fund to purchase a new updated defibrillator.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.3. SET DATES FOR PUBLIC HEARINGS
8.B.3.a. TO CONSIDER AME~)~ENTS TO THE ZONING ORDINANCE
TO ALLOW SINGLE-FAMILY RESIDENCES AS USES
PERMITTED WITH CERTAIN RESTRICTIONS WITHIN THE
ETTRICK VILLAGE CORE AND MATOACAVILLAGE CORE
VILLAGE COMMERCIAL AREAS
On motion of Mr. Warren, seconded by Mr. Barber, the Board
set the date of April 14, 2004 at 7:00 p.m. for a public
hearing to consider adoption of a Zoning Ordinance amendment
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to allow single-family residences as uses permitted with
certain restrictions within the Ettrick Village Core and
Matoaca Village Core village commercial areas.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.3.b. TO CONSIDER THE APPROPRIATION OF REFUND RECEIVED
FROM THE RIVERSIDE REGIONAL JAIL AUTHORITY
On motion of Mr. Warren, seconded by Mr. Barber, the Board
set the date of March 24, 2004 at 7:00 p.m. for a public
hearing to consider the appropriation of the $1,203,776.11
per diem refund received from the Riverside Regional Jail
Authority, which will be used to offset the expected
shortfall in the regional jail budget.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.&. REQUEST TO QUITCLAIM A PORTION OF A SIXTEEN-FOOT
WATER EASEMENT ACROSS THE PROPERTY OF HARBOURSIDE
CENTRE, LLC
On motion of Mr. Warren, seconded by Mr. Barber, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a ~aitclaim deed to vacate a
portion of a 16-foot water easement across the property of
Harbourside Centre, LLC. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.5. REQUEST FOR PERMISSION FROM RICHARD W. AND AMY H.
SPERBER FOR A PRIVACY FENCE TO ENCROACH WITHIN A
TEN-FOOT EASEMENT ACROSS LOT 27, ASHLEY FOREST,
SECTION C
On motion of Mr. Warren, seconded by Mr. Barber, the Board
approved a request from Richard W. and Amy H. Sperber for
permission for a privacy fence to encroach within a ten-foot
easement across Lot 27, Ashley Forest, Section C. (It is
noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.6. ACCEPTANCE OF PARCELS OF LAND
8.B.6.a. ALON~ THE EAST RIGHT OF WAY LINE OF OTTERDALE ROAD
FROM STEPHEN R. HAYES ANDALBERTINE M. HAYES
On motion of Mr. Warren,i seconded by Mr. Barber, the Board
accepted the conveyance Of two parcels of land containing a
total of 0.126 acres along the east right of way line of
Otterdale Road (State ROute 667) from Stephen R. Hayes and
Albertine M. Hayes, and iauthorized the County Administrator
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to execute the deed. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.6.b. FROM CHESTERFIELD ALTERNATIVES, INCORPORATED
On motion of Mr. Warren, seconded by Mr. Barber, the Board
accepted the conveyance of two parcels of land containing a
total of 5.1 acres from Chesterfield Alternatives,
Incorporated, and authorized the County Administrator to
execute the deed. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8 .B.7.
AWARD OF CONTRACT TO NORESCO FOR ENERGY AUDIT
SERVICES IN SPECIFIED COUNTY AND SCHOOL FACILITIES
On motion of Mr. Warren, seconded by Mr. Barber, the Board
authorized the County Administrator to execute a contract
with NORESCO in the amount of $110,000 for the completion of
energy audits on county and school buildings.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.8.
CONVEYANCE OF AN EASEMENT TO COLUMBIA ~AS OF
VIRGINIA, INCORPORATED FOR THE MENTAL HEALTH BUILDING
PROJECT
On motion of Mr. Warren, seconded by Mr. Barber, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an easement agreement with
Columbia Gas of Virginia, Incorporated for the Mental Health
Building Project. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.9. ADOPTION OF RESOLUTION RECOGNIZING MR. DAVID W. ZUCK,
UTILITIES DEPARTMENT, UPON HIS RETIRE~-NT
On motion of Mr. Warren, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, Mr. David W. Zuck began his career with
Chesterfield County as a Water Plant Operator Trainee in the
Utilities Department on March 15, 1972, and through hard work
and dedication, progressed from this position to his current
position as Principal Plant Operator; and
WHEREAS, Chesterfield County has been extremely
fortunate that Mr. Zuck has devoted thirty-two years of
outstanding service to the citizens of Chesterfield County;
and
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WHEREAS, through his significant knowledge and expertise
as a drinking water professional and as a member of the
operations team at the Addison-Evans Water Facility, Mr. Zuck
has continually provided the highest quality drinking water
to utility customers in Chesterfield County, and through his
efforts contributed to the facility's exemplary compliance
record with drinking water standards; and
WHEREAS, Mr. Zuck, a gifted and talented artist, has
demonstrated his generosity, caring attitude, and support of
Chesterfield County government by freely sharing his
paintings for display in various county offices; and
WHEREAS, Mr. Zuck has been a loyal, supportive and well-
liked colleague who will be missed by his co-workers.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes Mr. David W. Zuck for
his outstanding contributions, expresses the appreciation of
all residents for his service to the county, and extends
appreciation for his dedicated service, congratulations upon
his retirement, and best wishes for a long and happy
retirement.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.10.
8.B.10.a.
TRANSFER OF DIS ,T~ICT IMPROVEMENT FUNDS
FROM THE DALE DISTRICT IMPROVEMENT FUND TO THE
S,ORTS FOR
MEADOWBROOK HIgH SCHOOL
On motion of Mr. Warren, seconded by Mr. Barber, the Board
transferred $2,800 from the Dale District Improvement Fund to
the Chesterfield County School Board to purchase a pitching
machine and portable sports cage for Meadowbrook High School.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B.10.b.
FROM THE MIDLO~HIAN DISTRICT IMPROVEMENT FUND TO
THE PARKS AND RECREATION DEPARTMENT TO CONSTRUCT A
T~E PEDESTRI~ TUNNEL UNDER WOOLRID~E
WALKWAY
FROM
ROAD TO THE MID-LOTHIAN COAL MINES PARK MAIN TRAIL
On motion of Mr. Warren, seconded by Mr. Barber, the Board
transferred $20,000 from the Midlothian District Improvement
Fund to the Parks and Recreation Department to construct a
walkway from the pedestrian tunnel under Woolridge Road to
the Mid-Lothian Coal Mineis Park main trail.
Ayes: Miller, Barber, Hum
Nays: None.
phrey, King and Warren.
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8.B.10.c. FROM THE MATOACADISTRICT IMPROVEMENT FUND TO THE
PARKS AND RECREATION DEPARTMENT TO PURCHASE A
SCOREBOARD CONTROL PANEL AND STORAGE CASE FOR
BAILEY BRID~E MIDDLE SCHOOL
On motion of Mr. Warren, seconded by Mr. Barber, the Board
transferred $656 from the Matoaca District Improvement Fund
to the Parks and Recreation Department to purchase a
scoreboard control panel and storage case for Bailey Bridge
Middle School.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
The following items were removed from the Consent Agenda for
Board discussion:
8.B.3.c. TO CONSIDER A FOURTH AMENDMENT TO THE FEO SERVICES
AND LEASE AGREEMENT WITH DOMINION AVIATION
SERVICES, INCORPORATED AND A SECOND AMENDMENT TO
THE AIRPORT GROUND LEASE
Mr. King stated he owns Kings Korner Enterprises,
Incorporated, which leases space from Dominion Aviation
Services, Incorporated and operates the Kings Korner
Restaurant and catering business at the Airport. He further
stated that, since his business lease is dependent upon the
county's FB0 lease with Dominion Aviation and the lease is
the subject of this agenda item, he is declaring a conflict
of interest under the Virginia Conflict of Interest Act
regarding this request, and excused himself from the meeting.
On motion of Mr. Warren, seconded by Mr. Barber, the Board
set the date of March 24, 2004 at 7:00 p.m. for a public
hearing to consider a Fourth Amendment to the existing FBO
Services and Lease Agreement with Dominion Aviation Services,
Incorporated and a Second Amendment to the Airport Ground
Lease.
Ayes: Miller, Barber, Humphrey and Warren.
Nays: None.
Absent: King.
Mr. King returned to the meeting.
8.B.1. CONSIDERATION OF THE CONVERSION OF THE PRIVATE
WASTEWATER PUMP STATION SERVING COURTHOUSE COMMONS
COMMERCIAL COMPLEX INTO A PUBLIC STATION WHICH WILL
ALSO SERVE THE C0~BILL PROPERTY; AND APPROVAL OF
WASTEWATER PUMP STATION AGREEMENT WITH G. H. CO,BILL
COMPANY AND COURTHOUSE COMMONS ASSOCIATION
Mrs. Humphrey expressed concerns that all of the zoning in
the vicinity of the wastewater pump station has not yet been
completed.
Mr. Bill Wright, Assistant Director of Utilities,
forward to answer questions from Board members.
came
Questions and comments ensued relative to the location,
capacity and ownership of the private pump station.
04-216
03/10/04
Mr. Ramsey clarified that the action being requested of the
Board is to approve and authorize the signing of the pump
station agreement if the developer of the Cogbill property
brings it forward.
Mr. Wright stated the private pump station would serve the
Courthouse Commons commercial complex as well as the Cogbill
property.
Mrs. Humphrey expressed concerns that the pump station will
not serve the Deerfield community.
Mr. Wright stated the Utilities Department believes upgrading
the facility to a public pump station would provide for
county maintenance of a facility that will serve multiple
future homeowners. He further stated the only cost to the
county will be maintenance of the facility, indicating that
it will serve a public need.
Mrs. Humphrey expressedi concerns that the agreement will
provide a public pump station that will serve only one piece
of property. She stated the Deerfield community as well as
homeowners on Beach Road are very much interested in the
availability of public utilities as the Cogbill property is
developed.
Mr. Ramsey stated the private pump station has existed since
Courthouse Commons was developed years ago. He further
stated the owners of the facility have attempted to convince
the Utilities Department for a number of years to take it as
a public facility. He stated staff has concerns about the
long-term viability of private pump stations and believes
public sewer is better served under one entity. He stated
the agreement will not ionly address staff's concerns, but
will also allow the developer of the Cogbill property to use
the pump station if they ichose to develop.
Mrs. Humphrey stated she would be more receptive to the
proposal if she was assured that not just one property owner
would benefit from the facility.
Mr. Ramsey stated, if improvements to the facility are
necessary, the developer of the Cogbill property would be
responsible. He further stated the county would merely
assume the future maintenance of the pump station with
approval of the agreement.
Mr. Warren excused himsel!f from the meeting.
In response to Mr. Barber's questions, Mr. Wright stated the
residents of Deerfield iEstates are currently served by a
wastewater pump station Within the development. He further
stated homes along Beach Road are the only ones in the area
that are not on sewer, and there are no specific plans for
providing sewer to that a
requests all along Route
the developer of the Cog!
utilize the existing capa
the development of th
downstream capacities c,
homeowners to be served b
rea. He stated there have been many
10 to connect to public sewer, and
)ill property has found an option to
city in an existing pump station for
~ property. He further stated
)uld not handle adding additional
~ the pump station.
04-217
03/10/04
Mr. Miller stated the proposal is merely transitioning the
facility from private to public to serve those that can be
served, and the only disadvantage is the cost of maintenance
as a public facility.
Mr. Miller then made a motion, seconded by Mr. King, for the
Board to approve the conversion of the private wastewater
pump station serving Courthouse Commons Commercial Complex
into a public station which will also serve the Cogbill
property; approved the Wastewater Pump Station Agreement; and
authorize the County Administrator to execute any necessary
documents. (It is noted a copy of the vicinity sketch is
filed with the papers of this Board.)
Ayes: Miller, Barber, Humphrey and King.
Nays: None.
Absent: Warren.
9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS
10.
10 .A.
10.B.
REPORTS
REPORT ON DEVELOPER WATER AND SEWER CONTRACTS
REPORT ON THE STATUS OF GENERAL FUND BALANCE, RESERVE
FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT
FUNDS AND LEASE PURCHASES
10.C. CHESTERFIELD COUNTY GROWTH ANALYSIS REPORT
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
accepted the following reports: A report on Developer Water
and Sewer Contracts; a report on the status of General Fund
Balance, Reserve for Future Capital Projects, District
Improvement Funds and Lease Purchases; and the Chesterfield
County Growth Analysis Report.
Ayes: Miller, Barber, Humphrey and King.
Nays: None.
Absent: Warren.
11. DINNER
On motion of Mr. King, seconded by Mr. Barber, the Board
recessed to the Administration Building, Room 502, for
dinner.
Ayes: Miller, Barber, Humphrey and King.
Nays: None.
Absent: Warren.
Reconvening:
Mr. Warren returned to the meeting.
12. INVOCATION
Reverend David Adkins, Pastor of
Methodist Church, gave the invocation.
Saint
Mark's
United
04-218
03/10/04
13.
PLEDGE OF ALLEGIANCEi TO THE FLAG OF THE UNITED STATES OF
Special Police Officer Eric Luther led the Pledge
Allegiance to the flag of the United States of America.
14. RESOLUTIONS AND SPECt~ RECOgNiTIONS
O RECOGNIZING THE RIC~MO~ INDOOR SPORTS EXPERIENCE FOR
PROVIDING OUTSTANDING ,~ECREATIONAL OPPORTUNITIES IN
of
CHESTERFIELD COUNTY
Mr. Hammer introduced representatives from Richmond Indoor
Sports Experience who were present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Chesterfield County is committed to being a
great place to raise a family; and
WHEREAS; one measure of a community's quality of life is
the extent to which it iprovides athletic and recreational
opportunities; and ~
WHEREAS, four families have founded RISE, Richmond
Indoor Sports Experience, located in Chesterfield County; and
WHEREAS, RISE is a multi-million dollar facility that
opened on January 29, 20014; and
WHEREAS, RISE is dedicated to being one of the best
indoor sports facilitiesl in the country, with programs that
include soccer, baseballl, Lacrosse, field hockey and more;
and
WHEREAS, RISE offers a clean, safe, family-oriented
environment; and
WHEREAS, the many programs offered by RISE provide
people of all ages with opportunities for fun and fitness;
and
WHEREAS, this business
residents of Chesterfield
employment opportunities;! and
venture has also provided
County and the region with
WHEREAS, on behalf of all Chesterfield County residents,
this Board of Supervisors welcomes Richmond Indoor Sports
Experience to Chesterfiel~ County.
NOW, THEREFORE, BE !IT RESOLVED, that the Chesterfield
County Board of Supervi:~ors, this l0th day of March 2004,
publicly recognizes RISE Richmond Indoor Sports Experience,
congratulates the owners and operators on their opening, and
extends best wishes for success in this business venture,
which provides Chesterfield County and the region with
outstanding opportunities for fun and fitness.
Ayes: Miller, Barber, HumPhrey, King and Warren.
Nays: None.
04-219
03/10/04
Mr. Warren presented executed resolutions to the
representatives from RISE and expressed appreciation for
recreational opportunities the facility will provide to the
citizens of Chesterfield County.
Mr. Joey Robinson expressed appreciation for the county's
support of the facility.
Mr. King stated the residents of Rayon Park have waited
patiently for a long time to receive assistance with much
needed wastewater improvements. He requested the Board's
consideration of holding the public hearings relative to
Rayon Park at this time rather than following the zoning
cases.
16.C. TO CONSIDER ACCEPTANCE AND APPROPRIATION OF GRANT
FUNDS AND DONATED FUNDS FOR RAYON PARK WASTEWATER
IMPROVEMENTS PROJECT
Mr. Stith stated this date and time has been advertised for a
public hearing for the Board to consider acceptance and
appropriation of grant funds and donated funds for the Rayon
Park Wastewater Improvements Project.
Mr. Miller called for public comment.
Mr. Lonnie McCoy expressed appreciation for the county's
support of the wastewater improvements for Rayon Park.
There being no one else to speak to the issue, the public
hearing was closed.
On motion of Mr. King, seconded by Mr. Warren, the Board
authorized the Utilities Department to accept and appropriate
two state/tribal assistance grant awards in an amount up to
$843,000 and to accept and appropriate a donation in the
amount of $135,000 from the Rayon Park Homeowner's
Association.
And, further, the Board authorized the Utilities Department
to use $292,000 from the Community Development Block Grant
contingency fund for the Rayon Park wastewater project, and
authorized the County Administrator to execute all necessary
documents.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
16.A. TO CONSIDERAMENDMENTS TO THE WATER AND SEWERS
ORDINANCE RELATIVE TO CONNECTION FEES WHERE PROJECTS
ARE FUNDED BY FEDERAL COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM
Mr. Stith stated this date and time has been advertised for a
public hearing for the Board to consider amendments to the
water and sewers ordinance relative to connection fees where
projects are funded by the Federal Community Development
Block Grant Program.
Mr. Miller called for public comment.
04-220
03/10/04
No one came forward to speak to the ordinance amendments.
Mr. King made a motion, seconded by Mr. Barber, for the Board
to adopt amendments to the water and sewers ordinance
relative to connection fees where projects are funded by the
Federal Community Development Block Grant Program.
Mr. Barber stated this is an example an outstanding effort by
many people - citizens who did not take ~no" for an initial
answer; federal colleagues who came through with funding;
current and past supervisors of the Board; and Ms. Meredith
Fischer of the Times-Dispatch who received an award for a
series of articles on the issue.
Mr. Miller called for a vote on the motion of Mr. King,
seconded by Mr. Warren, for the Board to adopt the following
ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 18-22 RELATING TO
CONNECTION FEES
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 18-22 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 18-22. Connection fees.
o o o
(g) When the board of supervisors approves a utility
extension that is funded in whole or in part by the Federal
Community Development Block Grant Program, the board of
supervisors may eliminate connection fees for property on
which an existing residence is located and which is served by
the extension for customers who apply for service within 30
days after the extension is completed.
o o o
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
15. REQUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED ON
THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER~
- WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT
ACCEPTS THE RECONMENDATIONAND THERE IS NO OPPOSITION
- CASES WHERE THE APPLICANT DOES NOT ACCEPT THE
RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE
HEARD AT SECTION 18
04SN0107
In Dale Magisterial District, JACOBS GLENN LC requests
amendment to zoning (Case 00SN0266) and amendment of zoning
district map to eliminate the requirement to provide an
emergency access. The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
04-221
03/10/04
Comprehensive Plan suggests the property is appropriate for
residential use of 1.0 to 2.5 units per acre. This request
lies in a Residential (R-12) District on 30.0 acres fronting
approximately 800 feet on the west line of Newbys Bridge Road
approximately 100 feet south of Valencia Road, also lying at
the eastern terminus of Jacobs Bend Drive. Tax ID 759-684-
2733 (Sheet 11).
Mr. Jacobson stated the applicant has requested a deferral
until May 26, 2004.
Mr. Andy Scherzer, representing the applicant, requested a
deferral until May 26, 2004.
Mr. Miller called for public comment.
No one came forward to speak to the deferral.
On motion of Mr. Miller, seconded by Mr. Barber, the Board
deferred Case 04SN0107 until May 26, 2004.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
03SN0307
In Matoaca Magisterial District, DOUGLAS R. SOWERS requests
rezoning and amendment of zoning district map from
Agricultural (A) to Residential (R-12) with Conditional Use
Planned Development to permit exceptions to Ordinance
requirements. Residential use of up to 3.63 units per acre
is permitted in a Residential (R-12) District. The
Comprehensive Plan suggests the property is appropriate for
single family residential use of up to 2.2 units per acre.
This request lies on 98.7 acres fronting approximately 320
feet on the north line of Hensley Road approximately 2,600
feet west of N. Donegal Road, also fronting approximately
1,850 feet on the south line of Spring Run Road, measured
from Bailey Bridge Road. Tax ID 730-663-3520 (Sheet 24).
Mr. Jacobson presented a summary of Case 03SN0307 and stated
the Planning Commission and staff recommended approval
subject to one condition and acceptance of the proffered
conditions. He noted the request conforms to the Upper Swift
Creek Plan.
Mr. Oliver ~Skitch" Rudy, representing the applicant, stated
the recommendation is acceptable.
Mr. Miller called for public comment.
No one came forward to speak to the request.
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
approved Case 03SN0307 subject to the following condition:
With the exception of B.l.n., the Textual Statement dated
January 23, 2004, shall be considered the Master Plan. (P)
And, further, the Board accepted the following proffered
conditions:
The Owners-Applicants in this zoning case, pursuant to
Section 15.2-2298 of the Code of Virginia (1950 as amended)
04-222
03/10/04
and the Zoning Ordinance of Chesterfield County, for
themselves and their successors or assigns, proffer that the
development of the property known as Chesterfield County Tax
ID 730-663-3520-00000 (the "Property") under consideration
will be developed according to the following conditions if,
and only if, the rezoning request for R-12 is granted. In
the event the request is denied or approved with conditions
not agreed to by the Owners-Applicants, these proffers and
conditions shall be immediately null and void and of no
further force or effect.
1. (a)
Timbering. Except for the timbering approved
by the Virginia State Department of Forestry
for the purpose of removing dead or diseased
trees, there shall be no timbering on the
Property until a land disturbance permit has
been obtained from the Environmental
Engineering Department and the approved
devices have been installed.
(b)
To ensure the existing culvert under Spring
Run Road remains adequate for the entire
drainage area, the developer shall do one of
the following:
(i)
retain water onsite so the existing
culvert meets current VDOT criteria for
the upstream drainage area; or
(ii) upgrade the existing culvert to meet
current VDOT criteria for the upstream
area; or
(iii)a combination of (i) and (ii). (EE)
The public water and wastewater systems shall be
used. (U)
o
The applicant, subdivider, or assignee(s) shall pay
the following to the County of Chesterfield prior
to the issuance of each building permit for
infrastructure improvements within the service
district for the property:
$9,000.00 per dwelling unit, if paid prior to
July 1, 2003; or
Bo
The amount approved by the Board of
Supervisors not to exceed $9,000.00 per
dwelling unit adjusted upward by any increase
in the Marshall Swift building cost index
between July 1, 2002, and July 1 of the fiscal
year in which the payment is made if paid
after June 30, 2003.
Provided, however, that if any building
permits issued on the property are for senior
housing, the units of which meet the occupancy
requirements for "age 55 or over" housing as
set forth in Section 3607 of the Fair Housing
Act, 42 USC Section 3601 et seq., as amended
by the Fair Housing Amendments Act of 1988,
and of 24 CFR Section 100.304 in effect as of
the date of the Rezoning, and which are
subject to the occupancy requirements that no
person under 19 shall reside in such unit, the
04-223
03/10/04
Do
amount approved by the Board of Supervisors,
but not to exceed $4,815 per dwelling unit as
adjusted upward by any increase in the
Marshall and Swift Building Cost Index between
July 1, 2003 and July 1 of the fiscal year in
which the payment is made if paid after June
30, 2003. At the time of payment, the $4,815
will be allocated pro-rata among the facility
costs as follows: $598 for parks and
recreation, $324 for library facilities,
$3,547 for roads, and $346 for fire stations.
Payments in excess of $4,815 shall be prorated
as set forth above.
Provided further, at the option of the
Transportation Department, the cash proffer
payment may be reduced by the transportation
component ($3,547 as adjusted in Proffered
Condition 3.A.) for improvements performed by
the Developer, subdivider or assignee to
Spring Run Road to provide twenty-four (24)
foot wide pavement with seven (7) foot wide
shoulders with modifications approved by the
Transportation Department, from approximately
500 feet east of Bailey Bridge Road eastward
for a distance of approximately 2,000 feet
(the ~Spring Run Road improvements"). The
exact length and design of this improvement
shall be approved by the Transportation
Department. The Developer, subdivider or
assignee payment shall be reduced by the
transportation component for the Spring Run
Road improvements for: 1) the initial seventy-
seven (77) dwelling units, if the roadway is
widened with an asphalt overlay; or 2) an
equivalent number of units for the
construction cost, as determined by the
Transportation Department, if the roadway is
realigned and reconstructed. The Spring Run
Road improvements shall be completed as
determined by the Transportation Department
prior to the recordation of more than a
cumulative total of fifty (50) dwelling units
or one (1) year from the date of recordation
of the initial subdivision plat, whichever
occurs first.
Prior to issuance of building permits for
those dwelling units in excess of those
dwelling units credited above, or if the
Developer, subdivider or assignee does not
construct the improvements described above as
determined by the Transportation Department,
the Developer, subdivider or assignee shall
commence paying cash proffers in accordance
with Proffered Conditions 3.A., B. and C.,
herein.
If any of the Cash proffers are not expended
for the purpose designated by the Capital
Improvements Program within fifteen (15) years
from the date of payment, they shall be
returned in full to the payor. Should
Chesterfield County impose impact fees at any
time during the life of the development that
are 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
04-224
03/10/04
County. (B&M and T)
Density. The total number of residential units
shall not exceed 2.2 units per acre. (P)
Transportation.
(a)
In conjunction with recordation of the initial
subdivision plat, forty-five (45) feet of
right-of-way along the south side of Spring
Run Road, measured from the revised centerline
based on VDOT Urban Minor Arterial Standards
(50 mph) with modifications approved by the
Transportation Department, of that part of
Spring Run Road immediately adjacent to the
property, shall be dedicated, free and
unrestricted, to and for the benefit of
Chesterfield County.
(b)
To provide an adequate roadway system, the
developer shall be responsible for the
following improvements:
(i)
Construction of additional pavement along
North Hensley Road at the approved
accesses to provided left and right turn
lanes, if. warranted, based on
Transportation Department standards.
(ii) Widening/improving the south side of
Spring Run Road to an eleven (11) foot
wide travel lane, measured from the
centerline of the road, with an
additional one (1) foot wide paved
shoulder plus a seven (7) foot wide
unpaved shoulder, with modifications
approved by the Transportation
Department, for the entire property
frontage.
(c)
Dedication to and for the benefit of
Chesterfield County, free and unrestricted, of
any additional right-of-way (or easements)
required for the improvements identified
above.
(d)
Prior to any construction plan approval, a
phasing plan for the required road
improvements, as identified in Proffered
Condition No. 5, shall be submitted to and
approved by the Transportation Department.
(e)
No direct access, except for an emergency
access, shall be provided from the property to
Hensley Road.
(f)
No direct access, except for an emergency
access, shall be provided from the property to
Spring Run Road.
(g)
Direct access from the property to North
Hensley Road shall be limited to two (2)
public roads. The exact location of these
accesses shall be approved by the
Transportation Department. (T)
Phasing. No residential building permits shall be
issued until January 1, 2006. Thereafter, a
04-225
03/10/04
maximum of 100 residential building permits shall
be issued prior to January 1, 2007, and a
cumulative maximum of 200 residential building
permits shall be issued prior to January 1, 2008.
(p)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04SN0188
In Midlothian Magisterial District, GOODE LAND DEVELOPMENT
CO. requests amendment to Conditional Use Planned Development
(Case 00SN0188) and amendment of zoning district map relative
to uses and to limitation of size of commercial uses. The
density of such amendment will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for office use. This
request lies in a Corporate Office (0-2) District on 0.8 acre
fronting approximately 140 feet on the west line of Alverser
Drive, also fronting approximately 250 feet on the north line
of Old Buckingham Road and located in the northwest quadrant
of the intersections of these roads. Tax ID 739-710-2628
(Sheet 6).
Mr. Jacobson presented a summary of Case 04SN0188 and stated
the Planning Commission and staff recommend approval and
acceptance of the proffered conditions.
Mr. Read Goode, Jr., representing the applicant, stated the
recommendation is acceptable.
Mr. Miller called for public comment.
No one came forward to speak to the request.
On motion of Mr. Barber, seconded by Mr. King, the Board
approved Case 04SN0188 and accepted the following proffered
conditions:
Permitted uses shall include those uses permitted
by right or with restrictions in the Corporate
Office (0-2) District, plus those permitted by
right or with restrictions in the Convenience
Business (C-i) District, except that the following
uses shall not be permitted:
Convenience store.
Grocery store.
Gasoline sales.
Funeral homes or mortuaries.
Messenger or telegraph services.
Post offices, limited to federal post offices.
Telephone exchanges.
Public or private parks, playgrounds, and/or
athletic fields.
Public or private utility uses.
Coin operated dry-cleaning; pressing; laundry
and Laundromat; not to include dry cleaning
plants.
Nursery schools and child or adult daycare
centers and kindergartens.
Motor vehicle accessory store.
04-226
03/10/04
Intercoms as an accessory to a permitted use.
Libraries.
Propagation and cultivation of crops, flowers,
trees and shrubs which are not offered for
sale.
Public and private forests, wildlife preserves
and conservation areas.
Fire Stations.
Golf courses; and
Hospitals.
In addition, the following Neighborhood Business (C-2)
uses shall be permitted:
so
ho
m.
n.
o.
P.
q.
re
Antique shops, not to include pawnbrokers,
indoor and outdoor flea markets and secondhand
and consignment stores.
Art schools, galleries or museums.
Artists material and supply stores.
Bicycle sales and rentals.
Catering establishments as an accessory to
restaurant only.
Clothing stores.
Communication studios, offices, and stations,
exclusive of towers.
Curio or gift shops.
Eyewear sales and service.
Furniture stores.
Hobby stores.
Locksmith operations.
Medical facilities or clinics.
Musical instrument stores.
Office supply stores.
Paint and wallpaper stores.
Radio, television and other home
entertainment, sales and services.
Sporting goods sales.
Retail wine and cheese sales.
Restaurants, to include carry-out and non-
traditional fast food restaurants, subject to
the following provisions:
(i) any carry-out or fast food restaurant
shall have a minimum 35% of the gross
square feet devoted to indoor patron
seating not to exceed 1500 gross square
feet;
(ii) any restaurant shall have a maximum of
1500 gross square feet devoted to indoor
patron seating;
(iii)there shall be no drive-in window or curb
service;
(iv) consumption of foods or beverages within
a motor vehicle parked upon the premises
or at other facilities on the premises
outside the building, except as stated
herein, shall be prohibited and such
prohibition shall be strictly enforced
by the restaurant. This shall not
preclude the restaurant from having
outdoor seating provided the outdoor
seating area is located directly
adjacent to the restaurant; accessed
through the restaurant only and not
directly from outside and an area has
been designed and constructed to
specifically accommodate such seating.
04-227
03/10/04
(v) any carry-out or fast food restaurant
shall not be freestanding;
(vi) the restaurant shall not be open to the
public between the hours of 11:00 p.m.
and 6:30 a.m. (P)
(Note: This Proffered Condition supercedes Proffered
Condition 8 of Case 00SN0188 for the subject property
only. All other proffered conditions of Case 00SN0188
remain applicable.)
o
The total area of commercial uses, as permitted by
Proffered Condition 1, shall not exceed 27,000
gross square feet, and no building shall exceed
15,000 gross square feet. (P)
(Note: This Proffered Condition supercedes Proffered
Condition 9 of Case 00SN0188 for the subject property
only. All other proffered conditions of Case 00SN0188
remain applicable.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
0~SN0197
In Bermuda Magisterial District, RIVER'S BEND EAST, LLC
requests rezoning and amendment of zoning district map from
Agricultural (A) and General Industrial (I-2) to Residential
(R-12) with Conditional Use Planned Development to permit
recreation and limited commercial uses. Residential use of
up to 3.63 units per acre is permitted in a Residential (R-
12) District. The Comprehensive Plan suggests the property
is appropriate for light industrial and residential use of
1.5 units per acre or less. This request lies on 347.8 acres
fronting approximately 7,700 feet on the south line of James
River, also fronting approximately 1,700 feet on the north
line of Meadowville Road at North Enon Church Road. Tax IDs
822-661-Part of 2045; 825-660-9979; 825-661-6811; 826-661-
8420 and 827-662-2285 (Sheets 27 and 28).
Mr. Jacobson presented a summary of Case 04SN0197 and stated
the Planning Commission and staff recommend approval and
acceptance of the proffered conditions. He noted the request
conforms to the Consolidated Eastern Area Plan.
Mr. Oliver ~Skitch" Rudy, representing the applicant, stated
the recommendation is acceptable.
Mr. Miller called for public comment.
No one came forward to speak to the request.
On motion of Mr. King, seconded by Mr. Warren, the Board
approved Case 04SN0197 and accepted the following proffered
conditions:
The Owners-Applicants in this zoning case, pursuant to
Section 15.2-2298 of the Code of Virginia (1950 as amended)
and the Zoning Ordinance of Chesterfield County, for
themselves and their successors or assigns, proffer that the
development of the properties known as Chesterfield County
Tax ID Numbers 822-661-2045-00000, 825-661-6811-00000, 826-
04-228
03/10/04
661-8420-00000 and 825-660-9979-00000 and 827-662-2285-
00000(the ~Property") under consideration will be developed
according to the following conditions if, and only if, the
rezoning requests for R-12 with Conditional Use Plan
Development as set forth in the above heading and the
application filed herein is granted. In the event the
request is denied or approved with conditions not agreed to
by the Owners-Applicants, these proffers and conditions shall
be immediately null and void and of no further force or
effect.
Timbering. Except for the timbering approved by
the Virginia State Department of Forestry for the
purpose of removing dead or diseased trees, there
shall be no timbering on the Property until a land
disturbance permit has been obtained from the
Environmental Engineering Department and the
approved devices have been installed. (EE)
The public water and wastewater systems shall be
used. (U)
o
The applicant, subdivider, or assignee(s) shall pay
the following to the County of Chesterfield prior
to the issuance of each building permit for
infrastructure improvements within the service
district for the property.
ao
The amount approved by the Board of
Supervisors not to exceed $9000.00 per
dwelling unit adjusted upward by any increase
in the Marshall Swift Building cost index
between July 1, 2003, and July 1 of the fiscal
year in which the payment is made if paid
after June 30, 2003.
Bo
Provided however that if any building permits
issued on the property are for senior housing,
the units of which meet the occupancy
requirements for age ~55 or over" housing as
set forth in Section 3607 of the Fair Housing
Act, 42 USC Section 3601 et seq., as amended
by the Fair Housing Amendments Act of 1988,
and of 24 CFR Section 100.304 in effect as of
the date of the Rezoning, and which are
subject to the occupancy requirements that no
person under 19 shall reside in such unit, the
amount approved by the Board of Supervisors,
but not to exceed $4,815 per dwelling unit as
adjusted upward by any increase in the
Marshall and Swift Building Costs Index
between July 1, 2003, and July 1 of the fiscal
year in which the payment is made if paid
after June 30, 2003. At the time of payment,
the $4,815 will be allocated pro-rata among
the facility costs as follows: $598 for parks
and recreation, $325 for library facilities;
$3547 for roads, and $346 for fire stations.
Payments in excess of $4815 shall be prorated
as set forth above.
Provided further, the cash proffer payment for
the initial 130 units shall be reduced by the
transportation component ($3,547 as adjusted
in Proffered Condition 3.A.) for the
improvements described in Proffered Condition
8.c.i. and performed by the Developer,
0~-229
03/10/04
o
subdivider or assignee. After 130 units or if
the Developer, subdivider or assignee does not
construct the improvements described in
Proffered Condition 8.c.i. as determined by
the Transportation Department, the Developer,
subdivider or assignee shall commence paying
cash proffers in accordance with Proffered
Conditions 3.A. and B.
If any of the Cash proffers are not expended
for the purpose designated by the Improvements
Program within fifteen (15) years from the
date of payment, they shall be returned in
full to the payor. Should Chesterfield County
impose impact fees at any time during the life
of the development that are 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&M,T)
Residential (R-25)
Ail lots in Tract 2 as shown on Exhibit UA" shall
have a minimum lot area of 25,000 square feet. (P)
Residential (R-15)
Ail lots in Tract 1 as shown on Exhibit ~A" shall
have a minimum lot area of 15,000 square feet. (P)
Density. The total number of single family
residential units allowed on the Property shall not
exceed 400 units. (P)
Recreation/Commercial Areas. At the election of the
developer, active and passive recreation areas may
be provided. These areas shall be limited to a
maximum cumulative total of twenty-five (25) acres.
(A)
Within the area designated as proposed
recreation site and future river features on
Exhibit "A", the Applicant may provide marina
facilities, including a restaurant, ramps,
boat storage, convenience sales not limited
to the sale of gasoline and other products
relating to marine activity. Such development
shall conform to Emerging Growth District
Standards for C-2 Districts.
(B)
Within the area designated proposed clubhouse
site the following uses shall be permitted:
(1) Indoor and outdoor recreational uses
subject to the following:
a)
a fifty (50) foot buffer shall be
provided along the perimeter of all
active recreational facilities,
except where adjacent to any
existing or proposed road or
waterfront.
b)
Outdoor playfields, courts, swimming
pools and similar active
recreational areas shall be set back
04-230
03/~0/04
a minimum of 100 feet from any
proposed or existing single family
residential lot line and a minimum
of fifty (50) feet from any existing
or proposed public road. Nothing
herein shall prevent the development
of any indoor facilities and/or
parking within the 100 foot setback.
(2)
Restaurant. Such development shall
confirm to Emerging Growth District
Standards for C-2 Districts.
(c)
Indoor and outdoor recreational uses are
permitted within all tracts subject to the
restrictions outlined in (b) (1). (P)
To provide an adequate roadway system, the
developer shall be responsible for the following
improvements:
(a)
Widening/improving on the north side of
Meadowville Road west of North Enon Church
Road to provide an eleven (11) foot wide
travel lane, measured from the centerline of
the road, with an additional one (1) foot wide
paved shoulder and a seven (7) foot wide
unpaved shoulder, with modifications approved
by the Transportation Department, for the
entire property frontage.
(b)
Construction of additional pavement along
Meadowville Road west of North Enon Church
Road at each approved access to provide left
and right turn lanes, if warranted, based on
Transportation Department Standards.
(c)
(i)
Construction of a new relocated
Meadowville Road, to include a twenty-
four (24) foot wide pavement section and
six (6) foot wide shoulders with
modifications approved by the
Transportation Department, from
approximately 3,500 feet east of 1-295 to
the southern boundary of the property (a
distance of approximately 2,000 feet).
The exact length and alignment of these
improvements shall be approved by the
Transportation Department.
OR
(ii) Reconstruction of existing Meadowville
Road to provide two (2) eleven (11) foot
wide travel lanes with additional one (1)
foot wide paved shoulders and give (5)
foot wide unpaved shoulders, with
modifications approved by the
Transportation Department, from
approximately 0.8 mile east of 1-295 to
the southern boundary of the property (a
distance of approximately 1,200 feet).
The exact length of this improvement
shall be approved by the Transportation
Department.
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03/10/04
o
10.
11.
12.
13.
14.
(d)
Dedication to and for the benefit of
Chesterfield County, free and unrestricted, of
any additional right-of-way (or easement)
required for the improvements identified
above. (T)
Prior to any construction plan approval, a phasing
plan of the required road improvements identified
in Proffered Condition 8 shall be submitted to and
approved by the Transportation Department. The
approved phasing plan shall require that the road
improvements outlined in Proffered Condition 8.c.
to be completed as determined by the Transportation
Department prior to the recordation of more than a
cumulative total of fifty (50) lots or one (1) year
from the date of recordation of the initial
subdivision plat, whichever occurs first. (T)
Direct access from the property to Meadowville Road
west of Enon Church Road shall be limited to three
(3) public roads. The exact location of these
accesses shall be approved by the Transportation
Department. (T)
In conjunction with recordation of the initial
subdivision plat, thirty-five (35) feet of right-
of-way along the north side of Meadowville Road
west of North Enon Church Road, measured from the
centerline of that part of Meadowville Road
immediately adjacent to the property, shall be
dedicated, free and unrestricted, to and for the
benefit of Chesterfield County. (T)
A 100 foot buffer shall be provided along western
boundary as shown on Exhibit A. This buffer shall
be located in common open space and shall comply
with the requirements of the Zoning Ordinance for
100 foot buffers, Sections 19-520, 19-521(a)
through (g) and 19-522. (P)
Subdivision plats shall include notes informing
future property owners within the development of
anticipated industrial development in the area.
(P)
A Tree Save Area shall be established which shall
extend along the steep slopes of the James River
and 10' back from the crest of the hill. It is the
intent of this proffer to: (1) protect the overall
forest canopy along the steep slopes, by
prohibiting, subject to the below conditions, the
removal of trees on said steep slopes; (2) allow
the removal of trees below the steep slopes at the
discretion of the developer, his heirs, successors
and assigns; (3) allow, even within the tree
protection zone, (a) the removal of trees and/or
brush being less than 6 inches in diameter, (b) the
removal of dead and/or diseased trees or diseased
limbs of trees; and/or (c) the removal of limbs of
trees in the tree protection zone ("limbing up") in
order to provide for scenic vistas from home sites
located within the development located along the
banks of the James River. The exact location of
all tree save area shall be established at the time
of tentative subdivision review.
04-232
03/10/04
It is the further intent of this proffer to protect
the forest canopy on the steep slopes of the James
River as it meanders by the development so as to
preserve its view from the river, but allow the
developer, its heirs and/or successors and/or
assigns to remove and trim trees in order to
provide scenic view of the river from the lots to
be developed and sold along the river bank. (P)
15.
Areas Along Roads. A fifty (50) foot area north of
Meadowville Road as required by Section 17-70 of
the Subdivision Ordinance shall be maintained by
the homeowners association. (P)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04SN0196
In Matoaca Magisterial District, THE TREBOUR FAMILY - LIMITED
PARTNERSHIP requests Conditional Use Planned Development and
amendment of zoning district map to permit body, major engine
and transmission repair of motor vehicles and exceptions to
Ordinance requirements for signs plus amendment to Case
95SN0197 relative to architectural standards. The density of
such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for light commercial use. This
request lies in a Regional Business (C-4) District on 16
acres fronting approximately 1,400 feet on the south line of
Hull Street Road, also fronting approximately 1,200 feet on
the west line of Lonas Parkway and located in the southwest
quadrant of the intersection of these roads. Tax IDs 736-
679-6168, 7262, 8553 and 9075; and 737-679-Part of 0848 and
Part of 9051 (Sheet 16).
Ms. Beverly Rogers presented a summary of Case 04SN0196 and
stated staff and the Planning Commission recommended approval
to permit body, major engine and transmission repair and the
amendment relative to architectural standards because the
proposed land use is representative of, and compatible with,
existing and anticipated area development and existing
development standards and proposed conditions further ensure
land use compatibility. She further stated staff recommended
denial of the request for sign exceptions, indicating that
current sign standards provide adequate identification for
uses on the property. She stated the Planning Commission
recommends approval of tlhe sign exceptions, indicating that
the proposed size and height is consistent with that of a
freestanding sign for an automobile dealership.
Mr. Andy Scherzer, representing the applicant, stated the
Planning Commission's recommendation is acceptable.
Mr. Miller called for public comment.
No one came forward to speak to the request.
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
approved Case 04SN0196 subject to the following condition:
04-233
03/10/04
The Textual Statement revised February 13, 2004, shall be
considered the Master Plan. (P)
(NOTES: A.
This condition is in addition to those
conditions approved as part of Case 95SN0197,
97SN0162 and 97SN0239 for the subject
property.
With approval of this request, Proffered
Condition 8 of Case 95SN0197 is hereby deleted
for the subject property.)
And, further,
conditions:
the Board accepted the following proffered
Views from Lonas Parkway of garage doors as well as
storage yards for vehicles awaiting repair shall be
minimized through the use of landscaping, setbacks
or architectural treatment, or a combination
thereof. This exact treatment shall be reviewed
and approved by the Planning Department at the time
of site plan review. (P)
Freestanding light poles shall not exceed a height
of twenty (20) feet at the perimeter of the project
and shall not exceed a height of twenty-five (25)
feet within the interior of the project. (P)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
02SN0296 (Amended)
In Bermuda Magisterial District, TED A. WILLIAMS, THOMAS A.
WILLIAMS, GRACE M. WILLIAMS TRUST AND GEORGE P. EMERSON, JR.
request rezoning and amendment of zoning district map from
Agricultural (A) to Community Business (C-3) of 19.0 acres
plus proffered conditions on 1.4 acres currently zoned
Community Business (C-3). The density of such amendment will
be controlled by zoning conditions or Ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for neighborhood mixed use. This request lies on 20.4 acres
fronting approximately 850 feet on the south line of East
Hundred Road, across from Rivers Bend Boulevard. Tax IDs
815-651-3676 and 7189 and 815-652-2337, 3334, 3521 and 4930
(Sheet 27).
Ms. Rogers presented a summary of Case 02SN0296 and stated
staff recommends denial because the applicant has not agreed
to the less intense uses on the east side of the development
consistent with the recommendations of the Consolidated
Eastern Area Plan. She noted the applicant has agreed to
provide the transitional uses within 270 feet of the southern
boundary, which is consistent with the Plan. She stated the
Planning Commission recommended approval and acceptance of
the proffered conditions, indicating that the applicant has
addressed transitional uses consistent with the plan on the
southern portion of the property and noted that adjacent
property to the east is already zoned C-5 and, therefore, it
would not be appropriate to require transitional uses
adjacent to existing C-5 zoning.
04-234
03/10/04
Mr. Oliver ~Skitch" Rudy, representing the applicant, stated
Proffered Condition 7 regarding uses within 270 feet of the
southern property line addresses the concerns of the
residents to the south of the subject property. He further
stated the Planning Commission's recommendation is
acceptable.
Mr. Miller called for public comment.
Mr. Mark Nickel, a resident of Back Stretch Court, stated he
supports the proposal provided that the existing Resource
Protection Area (RPA) is preserved.
There being no one else to speak to the request, the public
hearing was closed.
In response to Mr. King's questions, Mr. McElfish stated
staff always tries to minimize encroachment into RPAs.
Mr. King stated he believes the RPA has been protected to the
best of the county's ability.
Mr. King then made a motion, seconded by Mrs. Humphrey, for
the Board to approve Case 02SN0296 and accepted the following
proffered conditions:
Prior to any final site plan approval, the
following rights-of-way shall be dedicated, free
and unrestricted, to the County of Chesterfield:
One hundred (100) feet of right-of-way on the
south side of Route 10 measured from the
centerline of that part of Route 10
immediately adjacent to the property frontage.
Fifty (50) foot wide rights-of-way for special
access streets pursuant to Section 19-505(b)
of the Zoning Ordinance: (i) from Route 10 at
a location that aligns the crossover on Route
10 which serves Rivers Bend Boulevard,
southward along the eastern property line of
and to the southern property line of the
parcel identified as Tax ID 815-652-0203 (the
~North/South Street"); and (ii) from the
North/South Street, eastward to the eastern
property line (the "East/West Street"). The
exact location of these rights-of-way shall be
approved by the Transportation Department.
(T)
Direct access from the property to Route 10 shall
be limited to: 1) the North/South Street; and 2)
one (1) entrance/exit (the "Site Access") generally
located midway of the property frontage. The exact
location of these accesses shall be approved by the
Transportation Department. (T)
To provide an adequate roadway system, the
owner/developer shall be responsible for the
following:
Construction of an additional lane of pavement
(i.e., fourth eastbound lane) along Route 10
for the entire property frontage.
04-235
03/10/04
o
bo
Construction of additional pavement along
Route 10 at the North/South Street and at the
Site Access intersections to provide a
separate right turn lane, based on
Transportation Department standards.
Ce
Construction of additional pavement along the
westbound lanes of Route 10 to provide an
adequate left turn lane at the Route 10
crossover that serves the North/South Street.
The exact length of this improvement shall be
approved by the Transportation Department.
Full cost of traffic signal modification at
the North/South Street/ Route 10 intersection.
eo
Construction of two (2) lanes of: 1) the
North/South Street from Route 10 to the
East/West Street; and 2) the East/West Street
from the North/South Street to the eastern
property line.
Construction of the North/South Street at its
intersection with Route 10 as a three-lane
typical section (i.e., one (1) southbound lane
and two (2) northbound lanes). The exact
length of this improvement shall be approved
by the Transportation Department.
Dedication, to and for the benefit of
Chesterfield County, free and unrestricted,
any additional right-of-way (or easements)
required for the improvements identified
above. In the event the developer is unable to
acquire the right-of-way necessary for the
right turn lane at the North/South Street as
identified in Proffered Condition 3.b., the
developer may request, in writing, the County
to acquire such right-of-way as a public road
improvement. All costs associated with the
acquisition of the right-of-way shall be borne
by the developer. In the event the County
chooses not to assist the developer in
acquisition of the "off-site" right-of-way,
the developer shall be relieved of the
obligation to acquire the "off-site" right-of-
way, and only provide the road improvement
that can be accommodated within available
right-of-way as determined by the
Transportation Department. (T)
Prior to any final site plan approval, a phasing
plan for the required road improvements, as
identified in Proffered Condition 3, shall be
submitted to and approved by the Transportation
Department. (T)
The public water and wastewater systems shall be
used. (U)
Except for timbering approved by the Virginia
Division of Forestry for the purpose of removing
dead and/or diseased trees, there shall be no
timbering on the Property until a Land Disturbance
Permit has been obtained from the Environmental
Engineering Department and the approved devices
have been installed. (EE)
04-236
03/10/04
Only the following uses shall be allowed within 270
feet of the southern property line: (a) offices;
libraries; brokerages; churches and or/Sunday
schools; convalescent homes, nursing homes and rest
homes; group care facilities; museums; nursery
schools and child and adult care centers; and
customary accessory uses, (b) best management
practice facilities and (c) utilities. Further,
the East/West Street shall be located a minimum of
270 feet from the southern property line. (P)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
16. PUBLIC HEARINGS
16.B. TO CONSIDER AN ORDINANCE ESTABLISHIN~ AN AUXILIARY
POLICE FORCE
Major Warner Williams stated this date and time has been
advertised for a public hearing for the Board to consider an
ordinance establishing an auxiliary police force. He further
stated state law has been amended which will abolish the
Special Police Unit currently operated by the county.
Mr. Miller called for public comment.
No one came forward to speak to the ordinance.
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY ADDING SECTION 2-3
RELATING TO THE ESTABLISHMENT OF AN AUXILIARY POLICE FORCE
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 2-3 of the Code of the County of
Chesterfield, 1997, as amended, is added to read as follows:
Sec. 2-3. Auxiliary police force.
(a) Pursuant to Va. Code § 15.2-1731, as amended, for
the further preservation of the public peace, safety and good
order of the community, the county hereby establishes an
auxiliary police force, which will have all the powers and
authority and all the immunities of full-time law-enforcement
officers, if such forces have met the training requirements
established by the Department of Criminal Justice Services
under Va. Code § 9.1-101, as amended.
(b) The police chief is hereby authorized to appoint as
auxiliary police officers as many persons of good character
as he deems necessary, not to exceed 50. The chief of police
is also authorized to prescribe the uniform, organization,
and such rules as he deems necessary for the operation of the
auxiliary police force.
(c) The auxiliary police officers may be called into
service as provided in Va. Code § 15.2-1734, as amended. In
04-23?
03/10/04
addition, the members of the auxiliary police force who have
been trained in accordance with the provisions of Va. Code §
15.2-1731, as amended, may be called into service by the
chief of police, or his designee, to aid and assist regular
police officers in the performance of their duties.
(2) That this ordinance shall become effective September 1,
2004.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mr. Miller recognized members of the county's Special Police
Unit who were present at the meeting.
16.D. TO CONSIDER AN ORDINANCE AMENDMENT TO SECTION 15-218
OF THE COUNTY CODE RELATING TO PUBLIC LIABILITY
INSURANCE REQUIREMENTS FOR TAXICABS
Mr. Micas stated this date and time has been advertised for
the Board to consider an ordinance amendment relative to
public liability insurance requirements for taxicabs. He
further stated both the Richmond Regional Taxicab Advisory
Board and staff support the proposed amendment.
Mr. Barber stated the county's current insurance requirement
for taxicabs is much more expensive than in surrounding
jurisdictions; therefore, taxicab drivers go to other
jurisdictions to register for a business license. He further
stated the proposed ordinance will provide the opportunity
for taxicab drivers to register for a business license and
acquire insurance and inspections in the county, rather than
going to other jurisdictions.
Mr. Miller called for public comment.
No one came forward to speak to the issue.
Mr. Barber made a motion, seconded by Mrs. Humphrey, for the
Board to adopt an ordinance relating to public liability for
insurance requirements for taxicabs.
Mrs. Humphrey suggested that the hospitality industry be
informed that taxicabs are now available in the county
consistent with other area localities.
Mr. Miller called for a vote on the motion of Mr. Barber,
seconded by Mrs. Humphrey, for the Board to adopt the
following ordinance amendment:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-
ENACTING SECTION 15-218 RELATING TO PUBLIC LIABILITY
INSURANCE REQUIREMENTS FOR TAXICABS
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 15-218 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
04-238
03/10/04
ARTICLE IX. TAXICABS
o o o
DIVISION 4. OPERATING REGULATIONS
o o o
Sec. 15-218. Public liability insurance required.
No person shall operate a taxicab until the owner
provides the chief of police a certificate of insurance
against public liability and property damage for each vehicle
operated by the owner within the county, in a form approved
by the county's risk manager and in an amount not less than
the insurance requirements under article 2; chapter 20;
subtitle V of title 46.2, Code of Virginia, 1950, as amended.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
16.E.
TO CONSIDER THE APPROVAL OF A GROUND LEASE IN
CONNECTION WITH CERTIFICATES OF PARTICIPATION
FINANCING FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS,
AND ADOPTION OF A RESOLUTION TO AUTHORIZE ENTERING
INTO A GROUND LEASE AND OTHER ACTIONS RELATED TO
CERTIFICATES OF PARTICIPATION FINANCING FOR VARIOUS
CAPITAL IMPROVEMENT PROJECTS, AND THE APPROPRIATION
OF ANTICIPATED PROCEEDS FOR THE CHESTER HOUSE
REHABILITATIVE PROJECT AND HANGAR SPACE AT THE
CHESTERFIELD COUNTY AIRPORT
Ms. Dickson stated this date and time has been advertised for
a public hearing for the Board to consider approval of a
ground lease in connection with Certificates of Participation
financing for various capital improvement projects, adoption
of a resolution to authorize entering into a ground lease and
other actions related to Certificates of Participation
financing for various capital improvement projects, and the
appropriation of anticipated proceeds for the Chester House
Rehabilitative Project and hangar space at the Chesterfield
County Airport.
Mr. Miller called for public comment.
No one came forward to speak to the issue.
On motion of Mr. Warren, seconded by Mr. Barber, the Board
adopted the following resolution approving entering into a
Ground Lease, a Lease/Purchase Agreement, a Trust Agreement,
and other related agreements in connection with Certificates
of Participation financing for the County Jail Replacement
Project, the Community Development Building, the Systems
Integration Project, the Chester House Rehabilitative
Facility and hangar space at the Chesterfield County Airport:
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF
CHESTERFIELD, VIRGINIA, APPROVING THE FORMS AND THE TERMS,
CONDITIONS AND PROVISIONS AND AUTHORIZING THE EXECUTION AND
DELIVERY OF A FIRST SUPPLEMENTAL LEASE/PURCHASE AGREEMENT,
04-239
03/10/04
DATED AS OF ~RCH 1, 2004, BY AND BETWEEN SUNTRUST LEASING
CORPORATION, AS LESSOR, AND THE COUNTY, AS LESSEE,
SUPPLEMENTING A LEASE/PURCHASE AGREEMENT, DATED AS OF
MARCH 1, 2003, BY AND BETWEEN SUCH PARTIES, AND A FIRST
SUPPLEMENTAL TRUST AGREEMENT, DATED AS OF MARCH 1, 2004, BY
AND AMONG SUNTRUST BANK, AS THE TRUSTEE, SUNTRUST LEASING
CORPORATION AND THE COUNTY, SUPPLEMENTING A TRUST AGREEMENT,
DATED AS OF MARCH 1, 2003, BY AND AMONG SUCH PARTIES, IN
CONNECTION WITH THE AUTHORIZATION, ISSUANCE, SALE AND
DELIVERY OF $14,900,000 PRINCIPAL AMOUNT OF CERTIFICATES OF
PARTICIPATION, SERIES 2004A, DATED MARCH 1, 2004, TO FINANCE
A PORTION OF THE COST OF THE ACQUISITION, CONSTRUCTION,
INSTALLATION, FURNISHINH AND EQUIPPING OF A NEW COUNTY JAIL;
APPROVING THE FORMS AND THE TERMS, CONDITIONS AND PROVISIONS
AND AUTHORIZING THE EXECUTION AND DELIVERY OF A GROUND LEASE,
DATED AS OF MARCH 1, 2004, BY AND BETWEEN THE COUNTY, AS
LESSOR, AND SUNTRUST LEASING CORPORATION, AS LESSEE, A
LEASE/PURCHASE AGREEMENT, DATED AS OF MARCH 1, 2004, BY AND
BETWEEN SUNTRUST LEASING CORPORATION, AS LESSOR, AND THE
COUNTY, AS LESSEE, AND A TRUST AGREEMENT, DATED AS OF
MARCH 1, 2004, BY AND AMONG THE COUNTY, SUNTRUST BANK, AS
TRUSTEE, AND SUNTRUST LEASING CORPORATION IN CONNECTION WITH
THE AUTHORIZATION, ISSUANCE, SALE AND DELIVERY OF $6,940,000
PRINCIPAL AMOUNT OF CERTIFICATES OF PARTICIPATION, SERIES
2004B, DATED MARCH 1, 2004, TO FINANCE A PORTION OF THE COST
OF ACQUISITION, CONSTRUCTION, INSTALLATION, FURNISHING AND
EQUIPPING OF A NEW COM~ft~NITY DEVELOPMENT BUILDING, THE
CHESTER HOUSE REHABILITATIVE FACILITY, AN AIRPORT HANGAR
PROJECT AT THE CHESTERFIELD COUNTY AIRPORT AND AN EMERGENCY
SYSTEMS INTEGRATION PROJECT FOR THE COUNTY; AUTHORIZING AND
DIRECTING THE PREPARATION AND DISTRIBUTION OF A PRELIMINARY
OFFERING STATEMENT AND THE PREPARATION, EXECUTION AND
DELIVERY OF AN OFFERING STATEMENT AND DEEMING THE PRELIMINARY
OFFERING STATEMENT FINAL FOR PURPOSES OF SECURITIES AND
EXCHANGE COM~ISSION RULE 15c2-12; DELEGATING TO THE COUNTY
ADMINISTRATOR THE AUTHORITY TO APPROVE THE SALE OF THE
CERTIFICATES AND THE DEFINITIVE DETAILS OF THE CERTIFICATES;
AUTHORIZING THE MEMBERS OF SUCH BOARD AND THE OFFICIALS AND
EMPLOYEES OF SUCH COUNTY TO TAKE FURTHER ACTION TO CARRY OUT,
GIVE EFFECT TO AND CONSUMMATE THE TRANSACTIONS CONTEMPLATED
BY THIS RESOLUTION; AND MAKING CERTAIN FINDINGS AND
DETERMINATIONS
WHEREAS, the Board of Supervisors (the ~Board") of the
County of Chesterfield, Virginia (the ~County"), in a
resolution adopted by the Board on February 26, 2003 (the
~February 26, 2003 Resolution") has heretofore determined
that it was advisable for the County to enter into a Ground
Lease, dated as of March 1, 2003 (the ~2003 Ground Lease"),
by and between the County, as lessor, and SunTrust Leasing
Corporation (the ~Leasing Corporation"), as lessee, providing
for the leasing by the County to the Leasing Corporation of
the site of a new County Jail and such buildings now or
hereafter existing thereon and conducted a public hearing
with respect to the same in accordance with Section 15.2-
1800.B of the Code of Virginia, 1950 (the ~Virginia Code"),
on February 26, 2003; and
WHEREAS, the Board in the February 26, 2003 Resolution
determined that it was advisable for the County to enter into
a Lease/Purchase Agreement, dated as of March 1, 2003 (the
"2003 Lease/Purchase Agreement"), by and between the Leasing
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Corporation, as lessor, and the County, as lessee, providing
for the leasing by the County from the Leasing Corporation of
such site and such buildings; and
WHEREAS, the Board in the February 26, 2003 Resolution
determined that it was advisable for the County to enter into
a Trust Agreement, dated as of March 1, 2003 (the ~2003 Trust
Agreement"), by and among SunTrust Bank, as Trustee (the
~Trustee"), the Leasing Corporation and the County; and
WHEREAS, on March 26, 2003, there were issued under the
2003 Trust Agreement, $3,030,000 principal amount of
Certificates of Participation, Series 2003B, dated March 1,
2003 (the "Series 2003 Certificates"), for the purpose of
financing a portion of the costs of the acquisition,
construction, installation, furnishing and equipping of the
Project as defined in the 2003 Lease/Purchase Agreement (the
~2003 Project"); and
WHEREAS, the 2003 Trust Agreement authorizes the
issuance of Additional Certificates payable from rentals
payable under the 2003 Lease/Purchase Agreement and entitled
to the lien and charge securing the Outstanding Certificates
issued under the 2003 Trust Agreement to pay any Cost of the
Project described in the 2003 Trust Agreement which is not
provided from the proceeds of the Series 2003B Certificates;
and
WHEREAS, the Board has determined that it is advisable
for the County to enter into (i) a First Supplemental
Lease/Purchase Agreement, dated as of March 1, 2004 (the
"First Supplemental Lease/Purchase Agreement"), by and
between the Leasing Corporation, as lessor, and the County,
as lessee, supplementing the 2003 Lease/Purchase Agreement;
and (ii) a First Supplemental Trust Agreement, dated as of
March 1, 2004 (the ~First Supplemental Trust Agreement"), by
and among the Trustee, the Leasing Corporation and the
County, supplementing the 2003 Trust Agreement, in connection
with the issuance of $14,900,000 principal amount of
Certificates of Participation, Series 2004A, dated March 1,
2004 (the "Series 2004A Certificates"), as Additional
Certificates under the 2003 Trust Agreement for the purpose
of financing additional costs of the 2003 Project; and
WHEREAS, the Board has determined that it is advisable
for the County to enter into a Ground Lease, dated as of
March 1, 2004 (the "2004 Ground Lease"), by and between the
County, as lessor, and the Leasing Corporation, as lessee,
providing for the leasing by the County to the Leasing
Corporation of the sites of a new Community Development
Building, the Chester House Rehabilitative Facility and an
Airport Hangar Project (comprised of a new corporate hangar
and a new T-hangar) at the Chesterfield County Airport and
such buildings now or hereafter existing thereon and has
determined to conduct a public hearing with respect to the
same in accordance with Virginia Code Section 15.2-1800.B, on
March 10, 2004 at the regular meeting of the Board at which
this resolution is being adopted; and
WHEREAS, the Board has determined that it is advisable
for the County to enter into a Lease/Purchase Agreement, to
be dated as of March 1, 2004 (the "2004 Lease/Purchase
Agreement"), by and between the Leasing Corporation, as
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lessor, and the County, as lessee, providing, among other
things, for the leasing by the County from the Leasing
Corporation of such sites and such buildings, together with
the Emergency Systems Integration Project referred to
hereinafter; and
WHEREAS, the Board has determined that it is advisable
for the County to enter into a Trust Agreement, dated as of
March 1, 2004 (the ~2004 Trust Agreement"), by and among the
Trustee, the Leasing Corporation and the County; and
WHEREAS, the Board has determined that it is advisable
for the County to enter into (i) the 2004 Ground Lease; (ii)
the 2004 Lease/Purchase Agreement; and the 2004 Trust
Agreement, in connection with the issuance of $6,940,000
principal amount of Certificates of Participation, Series
2004B, dated March 1, 2004 (the ~Series 2004B Certificates"
and, collectively with the Series 2004A Certificates, the
~Certificates"), under the 2004 Trust Agreement for the
purpose of financing a portion of the costs of the
acquisition, construction, installation, furnishing and
equipping of a new Community Development Building, the
Chester House Rehabilitative Facility, an Airport Hangar
Project (comprised of a new corporate hangar and a new
T-hangar) at the Chesterfield County Airport and an Emergency
Systems Integration Project and related on-site and off-site
improvements; and
WHEREAS, the Board has determined that it is advisable
to take certain other actions in connection with the
authorization, issuance, sale and delivery of the
Certificates, including delegating to the County
Administrator the authority to approve the interest rates for
and other details of the Certificates;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD
SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA:
OF
SECTION 1.
Definitions.
"Certificates" shall mean collectively the Series 2004A
Certificates and the Series 2004B Certificates.
~First Supplemental Lease/Purchase Agreement" shall mean
the First Supplemental Lease/Purchase Agreement, dated as of
March 1, 2004, by and between the Leasing Corporation, as
lessor, and the County, as lessee, supplementing the 2003
Lease/Purchase Agreement.
~First Supplemental Trust Agreement" shall mean the
First Supplemental Trust Agreement, dated as of March 1,
2004, by and among the Trustee, the Leasing Corporation and
the County, supplementing the 2003 Trust Agreement.
~Leasing Corporation" shall mean SunTrust Leasing
Corporation, a corporation organized and existing under the
laws of Commonwealth of Virginia.
~Project" shall have the meaning given to such term in
each of the 2003 Lease/Purchase Agreement and the 2004
Lease/Purchase Agreement. "Projects" shall mean collectively
the Project as such term is defined in the 2003
Lease/Purchase Agreement and the Project as such term is
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defined in the 2004 Lease/Purchase Agreement.
~Trustee" shall mean SunTrust Bank, a banking
corporation organized and existing under the laws of the
State of Georgia and having a corporate trust office in the
City of Richmond, Virginia.
~2003 Lease/Purchase Agreement" shall mean the
Lease/Purchase Agreement, dated as of March 1, 2003, by and
between the Leasing Corporation, as lessor, and the County,
as lessee.
"2003 Trust Agreement" shall mean the Trust agreement,
dated as of March 1, 2003, by and between the Leasing
Corporation, as lessor, and the County, as lessee.
~2004 Ground Lease" shall mean the Ground Lease, dated
as of March 1, 2004, to be entered into by and between the
County, as lessor, and the Leasing Corporation, as lessee.
"2004 Lease/Purchase Agreement" shall mean Lease/
Purchase Agreement, to be dated as of March 1, 2004, to be
entered into by and between the Leasing Corporation, as
lessor, and the County, as lessee, providing for the leasing
of the Project (as defined in the 2004 Lease/Purchase
Agreement) to the County.
"2004 Trust Agreement" shall mean the Trust Agreement,
dated as of March 1, 2004, to be entered into by and among
the Trustee, the Leasing Corporation and the County.
"2004A Certificates" shall mean $14,900,000 principal
amount the Certificates of Participation, Series 2004A, dated
March 1, 2004, to be issued as Additional Certificates under
the 2003 Trust Agreement.
~2004B Certificates" shall mean the $6,940,000 principal
amount of Certificates of Participation, Series 2004B, dated
March 1, 2004, to be issued as the initial series of
Certificates under the 2004 Trust Agreement.
SECTION 2. Findings and Determinations.
hereby finds and determines that:
The Board
(a) The leasing of each of the Projects is
presently essential to the County and are anticipated to
continue to be essential to the County.
(b) (i) The representations set forth in
Section 2.1 of the 2003 Lease/Purchase Agreement, as
supplemented by the First Supplemental Lease/Purchase
Agreement, are true and correct on and as of the date of
adoption of this Resolution.
(ii) The statements set forth in Section 4.4 of the
2003 Lease/Purchase Agreement, as supplemented by the First
Supplemental Lease/Purchase Agreement, accurately reflect
the intention of the Board with respect to the subject matter
thereof, subject to the qualification recited therein that
the Board is not empowered to make any commitment beyond the
current fiscal year of the County.
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(c) (i) The representations set forth in Section
2.1 of the 2004 Lease/Purchase Agreement are true and correct
on and as of the date of adoption of this Resolution.
(ii) The statements set forth in Section 4.4 of the
2004 Lease/Purchase Agreement accurately reflect the
intention of the Board with respect to the subject matter.
thereof, subject to the qualification recited therein that
the Board is not empowered to make any commitment beyond the
current fiscal year of the County.
SECTION 3. Approval of the Form of the First
Supplemental Lease/Purchase Agreement and the Terms,
Conditions and Provisions Thereof; Execution and Delivery of
the First Supplemental Lease/Purchase Agreement. The form of
the First Supplemental Lease/Purchase Agreement presented to
and filed with the minutes of the meeting of the Board at
which this resolution is being adopted and the terms,
conditions and provisions thereof (including in particular
the Base Payments and Additional Base Payments required to be
paid thereunder as the same shall be set forth in the
exhibits thereto and the other rental payments required to be
paid thereunder) are hereby approved, ratified and confirmed,
and the County Administrator or any Deputy County
Administrator is hereby authorized and directed to execute
and deliver to the Leasing Corporation the First Supplemental
Lease/Purchase Agreement in such form, together with such
changes as shall be approved by the County Administrator or
Deputy County Administrator executing the same upon the
advice of counsel to the County, such approval to be
conclusively evidenced by his execution thereof.
SECTION 4. Approval of the Form of the First
Supplemental Trust Agreement and the Terms, Conditions and
Provisions Thereof; Execution and Delivery of the First
Supplemental Trust Agreement. The form of the First
Supplemental Trust Agreement presented to and filed with the
minutes of the meeting of the Board at which this resolution
is being adopted and the terms, conditions and provisions
thereof, are hereby approved, ratified and confirmed, and the
County Administrator or any Deputy County Administrator is
hereby authorized and directed to execute and deliver the
First Supplemental Trust Agreement to the Trustee and the
Leasing Corporation, together with such changes as shall be
approved by the County Administrator or Deputy County
Administrator executing the same upon the advice of counsel
to the County, such approval to be conclusively evidenced by
his execution thereof.
SECTION 5. Approval of the Form of the 2004 Ground
Lease and the Terms, Conditions and Provisions Thereof;
Authorization and Direction of Execution and Delivery of the
2004 Ground Lease. The form of the 2004 Ground Lease
presented to and filed with the minutes of the meeting of the
Board at which this resolution is being adopted and the
terms, conditions and provisions thereof, are hereby
approved, ratified and confirmed, and the County
Administrator or any Deputy County Administrator is hereby
authorized and directed to execute and deliver to the Leasing
Corporation the 2004 Ground Lease in such form, together with
such changes as shall be approved by the County Administrator
or Deputy County Administrator executing the same upon advice
of counsel to the County, such approval to be conclusively
evidenced by his execution thereof.
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SECTION 6. Approyal of the Form of the 2004
Lease/Purchase Agreement and the Terms, Conditions and
Provisions Thereof; Execution and Delivery of the 2004
Lease/Purchase Agreement. The form of the 2004
Lease/Purchase Agreement presented to and filed with the
minutes of the meeting of the Board at which this resolution
is being adopted and the terms, conditions and provisions
thereof (including in particular the Base Payments required
to be paid thereunder as the same shall be set forth in the
exhibits thereto and the other rental payments required to be
paid thereunder) are hereby approved, ratified and confirmed,
and, subject to the execution and delivery by the County of
the 2004 Ground Lease in accordance with Section 5, the
County Administrator or any Deputy County Administrator is
hereby authorized and directed to execute and deliver to the
Leasing Corporation the 2004 Lease/Purchase Agreement in such
form, together with such changes as shall be approved by the
County Administrator or Deputy County Administrator executing
the same upon the advice of counsel to the County, such
approval to be conclusively evidenced by his execution
thereof.
SECTION 7. Approval of the Form of the 2004 Trust
Agreement and the Terms, Conditions and Provisions Thereof;
Execution and Delivery of the 2004 Trust Agreement; Approval
of Appointment of Trustee. (a) The form of the 2004 Trust
Agreement presented to and filed with the minutes of the
meeting of the Board at which this resolution is being
adopted and the terms, conditions and provisions thereof, are
hereby approved, ratified and confirmed, and, subject to the
execution and delivery by the County of the 2004 Ground Lease
in accordance with Section 5, the County Administrator or any
Deputy County Administrator is hereby authorized and directed
to execute and deliver the 2004 Trust Agreement to the
Trustee and the Leasing Corporation, together with such
changes as shall be approved by the County Administrator or
Deputy County Administrator executing the same upon the
advice of counsel to the County, such approval to be
conclusively evidenced by his execution thereof.
(b) The Board hereby approves the appointment of
SunTrust Bank as Trustee under the 2004 Trust Agreement.
SECTION 8. Preparation and Distribution of
Preliminary Offering Statement and Preparation, Execution and
Delivery of Offering Statement; Preliminary Offering
Statement ~Deemed Final" for Purposes of Rule 15c2-12 of the
Securities and Exchange Commission. (a) The County
Administrator and other appropriate officials and employees
of the County are hereby authorized and directed to prepare
and distribute or disseminate, or cause to be prepared and
distributed or disseminated, to prospective purchasers of the
Certificates a Preliminary Offering Statement relating to the
Certificates (the ~Preliminary Offering Statement"), such
Preliminary Offering Statement to be in substantially the
form presented to and filed with the minutes of the meeting
of the Board at which this Resolution is being adopted. All
actions taken by the officials, employees, agents and
attorneys of the County with respect to the preparation and
distribution or dissemination of such Preliminary Offering
Statement prior to the date hereof are hereby approved,
ratified and confirmed.
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03/10/04
(b) The County Administrator and other appropriate
officials and employees of the County are hereby authorized
and directed to prepare, or to cause to be prepared, an
Offering Statement relating to the Certificates (the
~Offering Statement"), such Offering Statement to be in
substantially the form of the Preliminary Offering Statement
with the completion therein of the information with respect
to the interest rates to be borne by the Certificates as
specified by the successful bidder for the Certificates and
other definitive details of the Certificates determined upon
the sale of the Certificates to the successful bidder
therefor.
(c) The County Administrator is hereby authorized
to execute and deliver to the representative of the
purchasers of the Certificates the Offering Statement
relating to the Certificates in accordance with the
provisions of the Detailed Notice of Sale relating to the
Certificates.
(d) The Preliminary Offering Statement shall be
~deemed final" as of its date for purposes of Rule 15c2-12
promulgated by the Securities and Exchange Commission
pursuant to the Securities Exchange Act of 1934 (~Rule 15c2-
12") except for the omission of certain information permitted
to be omitted by Rule 15c2-12. The County Administrator is
hereby authorized to execute and deliver to the
representative of the purchasers of the Certificates a
certificate dated the date of the Preliminary Offering
Statement stating that the Preliminary Offering Statement is
~deemed final" as of its date by the County for purposes of
Rule 15c2-12.
SECTION 9. Sale of Certificates; Details of
Certificates. (a) There is hereby delegated to the County
Administrator authority, without further action by the Board,
to approve the sale of the Certificates at competitive sale
at not less than 99% of the principal amount thereof, plus
accrued interest thereon from March 1, 2004 and payment
therefor, and on such other terms and conditions as shall be
provided in the Detailed Notice of Sale relating to the
Certificates. The County Administrator is hereby authorized
to cause to be published and distributed a Detailed Notice of
Sale relating to the Certificates in such form and containing
such terms and conditions as he may deem advisable, subject
to the provisions hereof. In lieu of publishing the full
text of the Detailed Notice of Sale relating to the
Certificates in accordance with the provisions of the
immediately preceding sentence, the County Administrator is
hereby authorized to cause a Summary Notice of Sale of the
Certificates in such form as the County Administrator shall
approve to be published in The Bond Buyer on a date selected
by the County Administrator and is hereby further authorized
to cause to be prepared and distributed a Detailed Notice of
Sale relating to the Certificates, such Detailed Notice of
Sale to be in substantially the form set forth in Appendix F
to the Preliminary Offering Statement relating to the
Certificates presented to the meeting at which this
Resolution is being adopted.
(b) The County is hereby authorized to receive
bids for the purchase of the Certificates and, the County
Administrator, without further action by the Board, is
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03/~0/04
authorized to approve the acceptance of the bid offering to
purchase the Certificates at the lowest true interest cost to
the County, computed in accordance with the provisions of the
Detailed Notice of Sale; provided that (i) such bid is
accompanied by a surety bond meeting the conditions specified
in the Detailed Notice of Sale relating to the Certificates
and is otherwise in conformity with such Detailed Notice of
Sale, (ii) no premium payable upon the redemption of the
Certificates shall be in excess of two percent (2%) and (iii)
the true interest cost to the County as specified in such bid
is not in excess of six percent (6%).
(c) The County Administrator, the Director of
Accounting and the County Attorney are hereby authorized to
execute and deliver to the purchasers of the Certificates one
or more certificates in the forms provided for in the
Offering Statement relating to the Certificates.
(d) The County Administrator is hereby authorized
to approve the definitive details of the Certificates as the
same shall be set forth in the Detailed Notice of Sale, the
Preliminary Offering Statement, the Offering Statement and
the bid submitted by the successful bidder for the
Certificates.
SECTION 10. Tax Covenant. The County covenants and
agrees to comply with the provisions of Sections 1013 and 141-
150 of the Internal Revenue Code of 1986 and the applicable
Treasury Regulations promulgated thereunder throughout the
term of the Certificates.
SECTION 11. Further Action of the Board and of the
Officials and Employees of the County. The members of the
Board and the officials and employees of the County are
hereby authorized and directed to take any and all such
further action as upon advice of counsel to the County they
shall deem necessary or desirable in order to carry out, give
effect to and consummate the transactions contemplated by
this resolution and by the terms of the First Supplemental
Lease/Purchase Agreement, the First Supplemental Trust
Agreement, the 2004 Ground Lease, the 2004 Lease/Purchase
Agreement and the 2004 Trust Agreement and by any of the
documents referred to herein or therein or approved hereby or
thereby.
SECTION 12. ApproPriation for the Chester House
Rehabilitative Facility and the New Airport Hangar Project at
the Chesterfield County ~Airport. The Board of Supervisors
(a) hereby declares its intent to appropriate the amount of
$1,500,000 to pay costs of acquisition, construction,
installation, furnishing and equipping of the Chester House
Rehabilitative Facility and hereby authorizes the use of such
amount to pay costs of the acquisition, construction,
installation, furnishing and equipping of the Chester House
Rehabilitative Facility and (b) hereby declares its intent to
appropriate the amounti of $1,000,000 to pay costs of
acquisition, construction, installation, furnishing and
equipping of the new Airport Hangar Project at the
Chesterfield County Airport and hereby authorizes the use of
such amount to pay costs of the acquisition, construction,
installation, furnishingl and equipping of the new Airport
Hangar Project at the Chesterfield County Airport.
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03/10/04
SECTION 13. Repeal of Conflicting Resolutions. Ail
resolutions, or portions thereof, heretofore adopted by the
Board which are in conflict or inconsistent with this
resolution are hereby repealed to the extent of such
inconsistency.
SECTION 14. Effectiveness of Resolution. This
resolution shall be effective from and after its adoption.
And, further, the Board appropriated up to $2,500,000 in
anticipated proceeds for the Chester House Rehabilitative
Project and hangar space at the Chesterfield County Airport.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
16.F. TO CONSIDER FY2005 ENHANCEMENT PROJECTS
Mr. Stith stated this date and time has been advertised for
the Board to consider FY2005 Enhancement Projects.
Mr. Miller called for public comment.
No one came forward to speak to the issue.
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
approved the FY2005 Enhancement Priority Project list and
authorized staff to forward the list to the Richmond and Tri-
Cities Metropolitan Planning Organizations. (It is noted the
proposed FY2005 Enhancement Priority Project list is filed
with the papers of this Board.)
And, further, the Board adopted the following resolution:
WHEREAS, in accordance with the Commonwealth
Transportation Board (CTB) construction allocation
procedures, it is necessary that the local governing body
request, by resolution, approval of a proposed enhancement
project.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of Chesterfield County requests that the CTB
establish a project for VSU Sidewalk along Hickory, River and
East River Roads from the VSU dorms to existing sidewalk on
East River Road.
AND, BE IT FURTHER RESOLVED, that the Board hereby
agrees to pay 20 percent of the total estimated cost of
$175,000 for planning, design, right-of-way, and construction
of the Project, and that, if the Board subsequently elects to
unreasonably cancel this project, the County of Chesterfield
hereby agrees that the Virginia Department of Transportation
(VDOT) will be reimbursed for the total amount of the costs
expended by the Department through the date the Department is
notified of such cancellation.
And, further, the Board designated General Fund Road
Improvement Funds for the new project's local match funds, if
the project is approved by VDOT; and authorized the County
Administrator to enter into agreements for the projects.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04-248
03/10/04
16
TO CONSIDER AN ORDINANCE TO VACATE AN EIGHT-FOOT
EASEMENT ACROSS L~,T 62, ED~EWATER AT THE
RESERVOIR, SECTION 6
Mr. Stith stated this date and time has been advertised for a
public hearing for the Board to consider an ordinance to
vacate a portion of an eight-foot easement across Lot 62,
Edgewater At the Reservoir, Section 6.
Mr. Miller called for public comment.
No one came forward to speak to the issue.
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to W. V. MCCLURE,
INC., a Virginia corporation, t/a MAIN STREET
HOMES, ("GRANTEE"), a portion of an 8' easement
across Lot 62, Edgewater At The Reservoir,
Section 6, MATOACA Magisterial District,
Chesterfield County, Virginia, as shown on a plat
thereof duly recorded in the Clerk's Office of
the Circuit Court of Chesterfield County in Plat
Book 131, at Page 23.
WHEREAS, MAIN STREET HOMES, petitioned the Board of
Supervisors of Chesterfield County, Virginia to vacate a
portion of an 8' easement across Lot 62, Edgewater At The
Reservoir, Section 6, MATOACA Magisterial District,
Chesterfield County, Virginia more particularly shown on a
plat of record in the Clerk's Office of the Circuit Court of
said County in Plat Book 131, Page 23, by TIMMONS, dated MAY
31, 2002, revised AUGUST 30, 2002, and recorded JANUARY 7,
2003. The portion of easement petitioned to be vacated is
more fully described as follows:
A portion of an 8' easement, across Lot 62,
Edgewater At The Reservoir, Section 6, the
location of which is more fully shown on a plat
made by BALZER AND ASSOCIATES, INC., dated MARCH
3, 2003, revised JANUARY 28, 2004 and FEBRUARY
17, 2004, a copy of which is attached hereto and
made a part of this Ordinance.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the portion of easement sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
BOARD OF
That pursuant to !Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid portion of easement
be and is hereby vacated.
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03/10/04
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office of
the Circuit Court of Chesterfield County, Virginia pursuant
to Section 15.2-2276 of the Code of Virginia, 1950, as
amended.
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated. This Ordinance shall vest
fee simple title of the portion of easement hereby vacated in
the property owner of Lot 62, Edgewater At The Reservoir,
Section 6 free and clear of any rights of public use.
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and W. V.
MCCLURE, INC., a Virginia corporation, t/a MAIN STREET HOMES,
or its successors in title, as GRANTEE.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
16.H. TO CONSIDER THE APPROPRIATION OF FUNDS ASSOCIATED WITH
THE REFUNDING OF GENERAL OBLIGATION PUBLIC IMPROVEMENT
BONDS
Mr. Stegmaier stated this date and time has been advertised
for a public hearing for the Board to consider the
appropriation of up to $80,000,000 associated with the
refunding of general obligation public improvement bonds. He
further stated staff successfully secured bids for the
refunding last week, lowering the interest rate to about 3.4
percent for a total cash savings of approximately $2.7
million.
Mr. Miller called for public comment.
No one came forward to speak to the issue.
Mrs. Humphrey and Mr. Miller both commended staff for finding
a refinancing opportunity that results in such an enormous
cost savings.
Mrs. Humphrey then made a motion, seconded by Mr. Barber, for
the Board to approve the appropriation of up to $80,000,000
for the refunding of general obligation public improvement
bonds and associated closing costs.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
16.I. TO CONSIDER THE CONVEYANCE OF COUNTY PROPERTY FOR THE
WIDENING OF HULL STREET ROAD
Mr. Stith stated this date and time has been advertised for a
public hearing for the Board to consider the conveyance of
county property to the Commonwealth of Virginia for the
widening of Hull Street Road.
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03/10/04
Mr. Miller called for public comment.
No one came forward to speak to the issue.
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
approved the conveyance of county owned parcels to the
Commonwealth of Virginia for the widening of the west bound
lanes of Hull Street Road from Swift Creek to Duckridge
Boulevard, and authorized the Chairman of the Board of
Supervisors and the County Administrator to sign the deed.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
16 .J.
TO CONSIDER A REQUEST TO QUITCLAIM PORTIONS OF AN
UNIMPROVED RIGHT OF WAY KNOWN AS LE GORDON DRIVE
Mr. Stith stated this date and time has been advertised for a
public hearing for the Board to consider a request to
quitclaim portions of an unimproved right of way known as Le
Gordon Drive.
Mr. Miller called for public comment.
No one came forward to speak to the issue.
On motion of Mr. Barber, seconded by Mr. King, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed and boundary
line agreement to vacate portions of an unimproved right of
way kno~ as Le Gordon Drive.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
17. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS
There were no remaining requests for mobile home permits or
rezoning at this time.
18. ADJOURNMENT
On motion of Mr. King, seconded by Mr. Warren, the Board
adjourned at 7:57 p.m. until March 24, 2004 at 3:30 p.m.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Lane B. Ramsey
County Administrat~
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03/10/04