01-12-2005 MinutesBOARD OF SUPERVISORS
MINUTES
January 12, 2005
Supervisors in Attendances
Mr. Edward B. Barber, Chairman
Mr. R. M. "Dickie" King, Jr.,
Vice Chairman
Mrs. Renny Bush Humphrey
Mr. Kelly E. Miller
Mr. Arthur S. Warren
Mr. Lane B. Ramsey
County Administrator
Staff in Attendances
Colonel Carl R. Baker,
Police Department
Mr. George Braunstein,
Exec. Dir., Community
Services Board
Mr. Kevin Bruny, Dean
Chesterfield University
Ms. Jana Carter, Dir.,
Youth Planning and
Development
Ms. Marilyn Cole, Asst.
County Administrator
Ms Rebecca Dickson, Dir.,
Budget and Management
Mr Robert Eanes, Asst. to
the County Administrator
Ms Lisa Elko, CMC
Clerk
Mr Jeff Franklin, Asst.
Dir., Utilities
Ms Karla Gerner, Dir.,
Human Resource Mgmt.
Mr Michael Golden, Dir.,
Parks and Recreation
Mr Bradford S. Hammer,
Deputy Co. Admin.,
Human Services
Mr. John W. Harmon,
Right-of-Way Manager
Mr. Joseph A. Horbal,
Commissioner of Revenue
Mr. H. Edward James,
Dir., Purchasing
Ms. Mary Lou Lyle, Dir.,
Accounting
Acting Chief Paul Mauger,
Fire and EMS Dept.
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Steven L. Micas,
County Attorney
Mr. Francis Pitaro, Dir.,
General Services
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. Kirk Turner, Dir.,
Planning
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Mr. Rick Witt, Asst.
Building Official
Mr. Ramsey called the regularly scheduled meeting to order at
4:04 p.m.
1. ORGANIZATIONAL MEETING
1.A. ELECTION OF CHAIRMAN AND VICE CHAIRMAN
Mr. Ramsey stated that the first order of business would be
the election of Chairman and Vice Chairman for 2005. He
expressed appreciation to Mr. Miller for his leadership in
2004 and to the Board for its accomplishments during the
year. He then opened the floor for nominations.
Mr. King stated he believes Mr. Barber cares greatly about
the people of Midlothian as well as the people of
Chesterfield and he deserves the opportunity to serve as
Chairman of the Board of Supervisors. He then nominated Mr.
Barber to serve as Chairman for 2005.
Mrs. Humphrey made a motion, seconded by Mr. Miller, for the
Board to close the nominations.
Ayes: Barber, King, Humphrey and Miller.
Nays: None.
Absent: Warren.
The vote on election of Mr. Barber as Chairman of the Board
of Supervisors for 2005 was as follows:
Ayes: Barber, Humphrey, King and Miller.
Nays: None.
Absent: Warren.
Mr. Barber was elected as Chairman.
Mr. Ramsey congratulated Mr. Barber on being elected as
Chairman for 2005.
Mr. Barber received a standing ovation.
Mr. Barber expressed appreciation to Mr. King for his support
and also to Mr. Miller for a successful year under his
leadership. He thanked his friends on the Board for the
opportunity to serve as chairman and stated he is surrounded
by colleagues who are people of integrity guided by
principles which go beyond the partisan definition. He also
thanked members of the audience and his family for their
support. He stated the best standards for the Board are
those imposed by the citizens every time they have an
opportunity to express their collective opinion, indicating
that this was recently witnessed with the Bond Referendum,
with over 80 percent approval on each of the categories.
He further stated the 2004 Citizen Satisfaction Survey
indicated a very high rate of satisfaction with the quality
of life in Chesterfield County. He stated Board members have
a responsibility to each other to be sure that governing
remains their focus rather than elections. He referenced the
changes taking place in the City of Richmond, indicating that
he has offered his personal help and support to Mayor Wilder.
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He stated Chesterfield has a well run local government and
thanked Mr. Ramsey and county staff for a job well done,
indicating that Board members can only be as successful as
the first interaction between a concerned citizen and a
county employee. He requested that Mr. Ramsey provide the
Board with a full examination of the county's economic
development effort, to include funding at the regional and
local levels; what the expected return is and what it should
be on that investment; and any alternatives to that
investment that could reap higher rewards on that investment.
He stated the report should not exclude personnel,
organization or any expenditure of revenue related to
economic development, indicating that he and other Board
members are not convinced that our efforts are being
maximized. He also requested that Mr. Ramsey provide the
Board with a report analyzing the Environmental Engineering
and Planning Departments. He stated he receives far too many
inquiries as to why plans take so long to get through the
process. He further stated the county should seize the
opportunity to reach out to the City of Richmond on regional
issues, and he has asked Mayor Wilder to join him in
formalizing a method of reviewing regional issues for
recommendation and action by both governing bodies. He
stated he has asked his Planning Commissioner, Mr. Dan
Gecker, to serve in this capacity on behalf of the county's
regional interests and has requested that Mayor Wilder select
someone to do the same. He further stated he hopes the group
will report back to their jurisdictions on a wide variety of
regional issues for consideration and action.
Mr. Barber then opened the floor for nominations for Vice
Chairman.
Mr. Miller nominated Mr. King to serve as Vice Chairman for
2005. He expressed appreciation to Mr. Barber for his
willingness to serve as Chairman and pledged his support to
him.
Mrs. Humphrey made a motion, seconded by Mr. Barber, for the
Board to close the nominations.
Ayes: Barber, Humphrey, King and Miller.
Nays: None.
Absent: Warren.
On motion of Mr. Miller, seconded by Mrs. Humphrey, the Board
elected Mr. King to serve as Vice Chairman of the Board of
Supervisors for 2005.
Ayes: Barber, Humphrey, King and Miller.
Nays: None.
Absent: Warren.
Mr. King was elected as Vice Chairman. He expressed
appreciation to the Board for the opportunity to serve as
Vice Chairman and stated he will serve with enthusiasm.
Mrs. Humphrey thanked Mr. Miller for his leadership and
wisdom throughout 2004. She pledged her support to both Mr.
King and Mr. Barber.
Mr. Barber noted Mr. Warren is away on a work assignment in
the State of Florida.
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1.B. CONSIDERATION OF BOARD APPOINTMENTS
o RICHMOND METROPOLITAN CONVENTION ANDVISITORS BUREAU
(HMCVB)
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
reappointed Mr. Edward Barber to serve on the Richmond
Metropolitan Convention and Visitors Bureau, whose term is
effective January 1, 2005 and expires December 31, 2005.
Ayes: Barber, Humphrey, King and Miller.
Nays: None.
Absent: Warren.
O TRI-CITIES AREA METROPOLIGAN PLANNING ORGANIZATION
(CRATER MPO)
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
reappointed Mrs. Renny Bush Humphrey to serve on the Tri-
Cities Area Metropolitan Planning Organization, whose term is
effective January 1, 2005 and expires December 31, 2005.
Ayes: Barber, Humphrey, King and Miller.
Nays: None.
Absent: Warren.
o CAPITAL AREA TRAINING CONSORTIUM
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
reappointed Mr. Bradford Hammer to serve on the Capital Area
Training Consortium, whose term is at the pleasure of the
Board.
Ayes: Barber, Humphrey, King and Miller.
Nays: None.
Absent: Warren.
O MAYMONT FOUNDATION
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
reappointed Mr. Kelly Miller to serve on the Maymont
Poundation, whose term is effective January 1, 2005 and
expires December 31, 2005.
Ayes: Barber, Humphrey, King and Miller.
Nays: None.
Absent: Warren.
Mr. Barber confirmed the following committee appointments:
o BUDGET AND AUDIT COMMITTEE
Mr. Barber and Mr. Miller (Unspecified Term)
o COUNTY EMPLOYEE BENEFITS COMMITTEE
Mr. Warren and Mrs. Humphrey (Unspecified Term)
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O DRUG COURT COMMITTEE
Mr. Miller and Mr. King (Unspecified Term)
o SCHOOL BOARD LIAISON COMMITTEE
Mr. Warren and Mr. Barber (Unspecified Term)
o SOLID WASTE ADVISORY COMMITTEE
Mrs. Humphrey and Mr. Miller
12/31/2005)
o
(one-year term
COALITION OF HIGH GROWTH COMMUNITIES
Mr. Warren (Unspecified Term)
o
RED CROSS LOCAL GOVERNMENT ADVISORY COMMITTEE
Mrs. Humphrey (term expires 12/31/2005)
expiring
1.C. ADOPTION OF PROCEDURES OF THE BOARD OF SUPERVISORS
GOVERNING MEETINGS IN 2005
On motion of Mr. Miller, seconded by Mrs. Humphrey, the Board
adopted the Procedures of the Board of Supervisors Governing
the Board of Supervisors for 2005. (It is noted a copy of the
2005 Procedures of the Board of Supervisors is filed with the
papers of this Board.)
Ayes: Barber, Humphrey, King and Miller.
Nays: None.
Absent: Warren.
1.D. SETTING OF REGULAR MEETING DATES FOR 2005
On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board
adopted the regular meeting date schedule for 2005, as
follows:
January 12, 2005 at 4:00 p.m.
January 26, 2005 at 3:30 p.m.
February 9, 2005 at 3:30 p.m.
February 23, 2005 at 3:30 p.m.
March 7, 2005 at 6:00 p.m.
March 9, 2005 at 3:30 p.m.
March 23, 2005 at 3:30 p.m.*
April 13, 2005 at 3:30 p.m.
April 27, 2005 at 4:00 p.m.
May 25, 2005 at 4:00 p.m.
June 22, 2005 at 3:00 p.m.
July 27, 2005 at 3:00 p.m.
August 24, 2005 at 3:00 p.m.
September 21, 2005 at 4:00 p.m.
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October 12, 2005 at 4:00 p.m.
October 26, 2005 at 4:00 p.m.
November 9, 2005 at 4:00 p.m.
November 22, 2005 at 4:00 p.m.**
December 14, 2005 at 3:30 p.m.
Mr. Barber has requested to hear a zoning case at the
Budget Public Hearing meeting
Tuesday, due to the Thanksgiving Holiday
Special Meeting Dates for 2005
Special Budget Work Session - March 7, 2005 at 6:00 p.m. -
Public Meeting Room
Budget Public Hearing - March 23, 2005 at 7:00 p.m. - Public
Meeting Room
Ayes: Barber, Humphrey, King and Miller.
Nays: None.
Absent: Warren.
2. APPROVAL OF MINUTES FOR DECEMBER 15, 2004
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
approved the minutes of December 15, 2004, as submitted.
Ayes: Barber, Humphrey, King and Miller.
Nays: None.
Absent: Warren.
3. COUNTY ADMINISTRATOR'S COMMENTS
There were no County Administrator's comments at this time.
BOARD COMMITTEE REPORTS
Mr. Barber stated several of the Board members attended
special services at the Southside Church of the Nazarene on
January 9, 2005. He expressed appreciation to members of the
church for allowing the county to use its facilities for
memorial services and other events.
5. REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE
ORDER OF PRESENTATION
On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board
added Item 9.C.14., Approval of First Amendment to Option
Agreement with Old Hundred Mill, Incorporated for Purchase of
Real Estate for Genito Road School Site; and adopted the
Agenda, as amended.
Ayes: Barber, Humphrey, King and Miller.
Nays: None.
Absent: Warren.
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6. P~ESOLUTIONS AND SPECIAL RECOGNITIONS
There were no resolutions or special recognitions at this
time.
7. WORK SESSIONS
There were no work sessions at this time.
8. DEFERRED ITEMS
There were no deferred items at this time.
9. NEW BUSINESS
9.A. STREETLIGHT INSTALLATION COST APPROVAL
On motion of Mr. King, seconded by Mr. Miller, the Board
approved the following streetlight installation in the Rayon
Park Subdivision:
· Congress Road, vicinity of 2706
Cost to install streetlight: $484.77
Ayes: Barber, Humphrey, King and Miller.
Nays: None.
Absent: Warren.
9.B. APPOINTMENTS
On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board
suspended its rules at this time to allow for simultaneous
nomination/appointment of members to serve on the Youth
Services Citizen Board, Personnel Appeals Board and
Agricultural Committee.
Ayes: Barber, Humphrey, King and Miller.
Nays: None.
Absent: Warren.
9.B.1. YOUTH SERVICES CITIZEN BOARD
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
simultaneously nominated/appointed Ms. Brittney Dale Walls, a
youth representing the Bermuda District, to serve on the
Youth Services Citizen Board, whose term is effective January
14, 2005 and expires June 30, 2005.
Ayes: Barber, Humphrey, King and Miller.
Nays: None.
Absent: Warren.
9.B.2. PERSONNEL APPEALS BOARD
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
simultaneously nominated/appointed Mr. Victor K. Branch to
serve on the Personnel Appeals Board, whose term is effective
January 1, 2005 and expires December 31, 2007.
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Ayes: Barber, Humphrey, King and Miller.
Nays: None.
Absent: Warren.
9.B.3. AGRICULTURAL COMMITTEE
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
simultaneously nominated/appointed Mr. Will Schick,
representing the Midlothian District, to serve on the
Agricultural Committee, whose term is effective immediately
and expires December 31, 2006.
Ayes: Barber, Humphrey, King and Miller.
Nays: None.
Absent: Warren.
9.C. CONSENT ITEMS
9.C.1. APPROPRIATE DONATIONS FROM THE AMERICAN HEART
ASSOCIATION TO THE CHESTERFIELD COUNTY FIRE AND
EMERGENCY MEDICAL SERVICES DEPARTMENT TO PURCHASE
AUTOMATED EXTERNAL DEFRIBRILLATORS
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
appropriated $120,540 in donations from the American Heart
Association for the Fire and Emergency Medical Services
Department to purchase automated external defibrillators for
county police vehicles and county public buildings.
Ayes: Barber, Humphrey, King and Miller.
Nays: None.
Absent: Warren.
9.C.2. ADOPTION OF RESOLUTIONS
9.C.2.a. AUTHORIZING AND PROVIDING FOR THE iSSUANCE, SALE
AND DELIVERY OF GENERAL OBLIGATION PUBLIC
IMPROVEMENT BONDS
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
A RESOLUTION AUTHORIZING AND PROVIDING
FOR THE ISSUANCE, SALE AND DELIVERY FROM
TIME TO TIME OF THREE HUNDRED FORTY-ONE
MILLION SEVEN HUNDRED FORTY-FIVE THOUSAND
DOLLARS ($341,745,000) PRINCIPAL AMOUNT
OF COUNTY OF CHESTERFIELD, VIRGINIA,
GENERAL OBLIGATION PUBLIC IMPROVEMENT
BONDS APPROVED AT AN ELECTION DULY CALLED
AND HELD IN THE COUNTY OF CHESTERFIELD,
VIRGINIA, ON NOVEMBER 2, 2004; FIXING THE
FORM, DENOMINATION AND CERTAIN OTHER
DETAILS OF SUCH BONDS; AND PROVIDING FOR
THE SALE OF SUCH BONDS AND DELEGATING TO
THE COUNTY ADMINISTRATOR CERTAIN POWERS
WITH RESPECT THERETO
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BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE
COUNTY OF CHESTERFIELD, VIRGINIA:
SECTION 1. Findings and Determinations. (a)
Pursuant to Chapter 26 of Title 15.2 of the Code of Virginia,
1950 (the same being the Public Finance Act of 1991), an
election duly called and held under the Public Finance Act of
1991 in the County of Chesterfield, Virginia (the ~County"),
on November 2, 2004 and an Order of the Circuit Court of the
County, dated January 4, 2005, the County is authorized to
contract debt and issue its general obligation bonds in the
maximum amount of three hundred forty-one million seven
hundred forty-five thousand dollars ($341,745,000) for the
purposes set forth below:
(i) general obligation bonds in the maximum
amount of two hundred thirty-one million two hundred twenty-
five thousand seven hundred dollars ($231,225,700) for
capital school improvement projects in the County;
(ii) general obligation bonds in the maximum
amount of fifteen million two hundred fifty-seven thousand
one hundred dollars ($15,257,100) for public safety
improvement projects in the County;
(iii) general obligation bonds in the maximum
amount of thirty-five million five hundred eighty-seven
thousand five hundred dollars ($35,587,500) for library
improvement projects in the County;
(iv) general obligation bonds in the maximum
amount of nineteen million six hundred seventy-four thousand
seven hundred dollars ($19,674,700) for park and recreation
improvement projects in the County; and
(v) general obligation bonds in the maximum
amount of forty million dollars ($40,000,000) for highway,
street, road and sidewalk improvement projects in the County.
(b) As of the date hereof, none of such general
obligation bonds approved by the voters of the County at the
aforementioned election held on November 2, 2004 have been
issued by the County.
(c) The Board of Supervisors further deems it
advisable and in the best interests of the County to
authorize and provide at this time for the issuance, sale and
delivery from time to time of the three hundred forty-one
million seven hundred forty-five thousand dollars
($341,745,000) aggregate principal amount of the general
obligation bonds approved by the voters of the County at the
aforementioned election held on November 2, 2004 for the
following purposes set forth in Section l(a) hereof.
Section 2. Authorization of Issuance of Bonds
Approved at Election Held on November 2, 2004. (a) For
the purpose of financing the costs of the public improvement
projects, as described in Section l(a), there are hereby
authorized to be issued, sold and delivered from time to time
in one or more series three hundred forty-one million seven
hundred forty-five thousands dollars ($341,745,000) aggregate
principal amount of general obligation bonds of the County to
be designated and known as "County of Chesterfield, Virginia,
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General Obligation Public Improvement Bonds" (hereinafter
referred to as the ~Bonds#). The Bonds shall have such
series designation or designations as shall be determined by
the County Administrator.
(b) The Bonds of each series shall be dated such
date and shall bear interest from their date payable on such
date and semiannually thereafter, as shall be determined by
the County Administrator. The Bonds of each series shall
mature and become due and payable on such date or dates not
exceeding forty (40) years from their date and in such
principal amounts on each such date as shall be determined by
the County Administrator.
(c) (i) The Bonds of each series shall be issued
only in fully registered form. One Bond representing each
maturity of each series of the Bonds will be issued to and
registered in the name of Cede & Co., as nominee of The
Depository Trust Company, New York, New York ("DTC"), as
registered owner of the Bonds and each such Bond shall be
immobilized in the custody of DTC. DTC will act as
securities depository for the Bonds. Individual purchases
will be made in book-entry form only, in the principal amount
of $5,000 or any integral multiple thereof. Purchasers will
not receive physical delivery of certificates representing
their interest in the Bonds purchased.
(ii) Principal, premium and interest payments on
the Bonds will be made by the County by wire transfer to DTC
or its nominee, Cede & Co., as registered owner of the Bonds,
which will in turn remit such payments to the DTC
participants for subsequent disbursal to the beneficial
owners of the Bonds. Transfers of principal, premium and
interest payments to DTC participants will be the
responsibility of DTC. Transfers of such payments to
beneficial owners of the Bonds by DTC participants will be
the responsibility of such participants and other nominees of
such beneficial owners. Transfers of ownership interests in
the Bonds will be accomplished by book entries made by DTC
and, in turn, by the DTC participants who act on behalf of
the indirect participants of DTC and the beneficial owners of
the Bonds.
(iii) The County will not be responsible or liable
for sending transaction statements or for maintaining,
supervising or reviewing records maintained by DTC, its
participants or persons acting through such participants or
for transmitting payments to, communicating with, notifying
or otherwise dealing with any beneficial owner of the Bonds.
So long as the Bonds are in book-entry only form, the County
Treasurer will serve as Registrar and Paying Agent for the
Bonds. The County reserves the right to designate a
successor Registrar and Paying Agent for the Bonds if the
Bonds at any time cease to be in book-entry only form.
(d) The Bonds of each series shall be subject to
redemption at the option of the County prior to their stated
maturities, in whole or in part at any time, on such dates
and with such redemption premiums, if any, as shall be
determined by the County Administrator.
(e) In accordance with and subject to the
provisions of the Detailed Notice of Sale of the Bonds of any
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series, bidders may provide that all the Bonds of such series
shall be issued as serial Bonds or may provide that any two
or more consecutive annual principal amounts shall be
combined into one or more term Bonds. If the successful
bidder designates principal amounts to be combined into one
or more term Bonds, each such term Bond shall be subject to
mandatory sinking fund redemption commencing on such date in
the first year which has been combined to form such term Bond
and continuing on such date in each year thereafter until the
stated maturity date of that term Bond. The amount redeemed
in any year shall be equal to the principal amount of serial
Bonds that would otherwise have matured in such year. Bonds
to be redeemed in any year by mandatory sinking fund
redemption shall be redeemed at par and shall be selected by
lot from among the Bonds then subject to redemption. The
County, at its option, may credit against any mandatory
sinking fund redemption requirement term Bonds of the
maturity then subject to redemption which have been purchased
and cancelled by the County or which have been redeemed and
not theretofore applied as a credit against any mandatory
sinking fund redemption requirement.
(f) If any Bond of any series (or any portion of
the principal amount thereof in installments of $5,000) shall
be subject to redemption and shall be called for redemption,
notice of the redemption thereof, specifying the date, number
and maturity of such Bond, the date and place or places fixed
for its redemption, the premium, if any, payable upon such
redemption, and if less than the entire principal amount of
such Bond is to be redeemed, that such Bond must be
surrendered in exchange for the principal amount thereof to
be redeemed and a new Bond or Bonds issued equalling in
principal amount that portion of the principal amount thereof
not to be redeemed, shall be mailed not less than thirty (30)
days prior to the date fixed for redemption by first class
mail, postage prepaid, to the registered owner of such Bond
at his address as it appears on the books of registry kept by
the Registrar for the Bonds. The Registrar shall not be
required to exchange or transfer any Bond later than the
close of business on the forty-fifth (45th) day next
preceding the date fixed for redemption of such Bond or any
portion thereof. If notice of the redemption of any Bond
shall have been given as aforesaid, and payment of the
principal amount of such Bond (or the portion of the
principal amount thereof to be redeemed) and of the accrued
interest and premium, if any, payable upon such redemption
shall have been duly made or provided for, interest on such
Bond shall cease to accrue from and after the date so
specified for redemption thereof. So long as the Bonds of
any series are in book-entry only form, any notice of
redemption will be given only to DTC or its nominee. The
County shall not be responsible for providing any beneficial
owner of the Bonds of such series with notice of redemption.
SECTION 3. Appointment of County Treasurer as
Registrar and Paying Agent; Payment of Bonds; Books of
Registry; Exchanges and Transfers of Bonds.
(a) Appointment of Registrar. The County
Treasurer is hereby appointed as the Registrar and Paying
Agent for the Bonds (hereinafter referred to as the
~Registrar").
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(b) Payment of Bonds. (i) At any time during
which the Bonds of any series shall be in fully registered
form, the interest on the Bonds of such series shall be
payable by check or draft mailed by the Registrar to the
registered owners of the Bonds at their addresses as the same
appear on the books of registry as of the record date for the
payment of interest on the iBonds, and the principal of and
premium, if any, on the Bonds shall be payable at the
principal office of the Registrar.
(ii) At any time during which the Bonds shall be
in book-entry form, the principal of and premium, if any, and
interest on the Bonds shall be payable in accordance with the
arrangements made with the depository for the Bonds.
(iii) The principal of and premium, if any, and
interest on the Bonds shall be payable in such coin or
currency of the United States of America as at the respective
dates of payment is legal tender for public and private
debts. Interest on the Bonds shall be calculated on the
basis of a 360-day year consisting of twelve 30-day months.
(c) Books of Registry; Exchanges and Transfers of
Bonds. (i) At all times during which any Bond of any series
remains outstanding and unpaid, the Registrar shall keep or
cause to be kept at its principal office, books of registry
for the registration, exchange and transfer of the Bonds.
Upon presentation at the principal office of the Registrar
for such purpose, the Registrar, under such reasonable
regulations as it may prescribe, shall register, exchange,
transfer, or cause to be registered, exchanged or
transferred, on the books of registry the Bonds as herein set
forth.
(ii) Any Bond may be exchanged at the principal
office of the Registrar for a like aggregate principal amount
of such Bonds in other authorized principal amounts of the
same interest rate and maturity.
(iii) Any Bond may, in accordance with its terms,
be transferred upon the books of registry by the person in
whose name it is registered, in person or by his duly
authorized agent, upon surrender of such Bond to the
Registrar for cancellation, accompanied by a written
instrument of transfer duly executed by the registered owner
in person or his duly authorized agent, in form satisfactory
to the Registrar.
(iv) Ail transfers or exchanges pursuant to this
Section 3(c) shall be made without expense to the registered
owner of such Bonds, except as otherwise herein provided, and
except that the Registrar shall require the payment by the
registered owner of the Bond requesting such transfer or
exchange of any tax or other governmental charges required to
be paid with respect to such transfer or exchange. All Bonds
surrendered pursuant to this Section 3(c) shall be cancelled.
SECTION 4. Execution and Authentication of Bonds;
CUSIP Identification Numbers.
(a) Execution of Bonds. The Bonds of each series
shall be executed in the name of the County by the manual or
facsimile signatures of the Chairman and the Clerk of the
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Board of Supervisors, and the corporate seal of the Board of
Supervisors shall be impressed, or a facsimile thereof
printed, on the Bonds.
(b) Authentication of Bonds. The County
Administrator shall direct the Registrar to authenticate the
Bonds of each series and no Bond shall be valid or obligatory
for any purpose unless and until the certificate of
authentication endorsed on such Bond shall have been manually
executed by the Registrar. Upon the authentication of any
Bond the Registrar shall insert in the certificate of
authentication the date as of which such Bond is
authenticated as follows: (i) if the Bond is authenticated
prior to the first interest payment date, the certificate
shall be dated as of the date the Bonds are delivered to and
paid for by the initial purchasers thereof, (ii) if the Bond
is authenticated upon an interest payment date, the
certificate shall be dated as of such interest payment date,
(iii) if the Bond is authenticated on or after the record
date for the payment of interest on the Bonds and prior to
such interest payment date, the certificate shall be dated as
of such interest payment date and (iv) in all other instances
the certificate shall be dated the date upon which the Bond
is authenticated. The execution and authentication of the
Bonds in the manner above set forth is adopted as a due and
sufficient authentication of the Bonds.
(c) CUSIP Identification Numbers. CUSIP identi-
fication numbers may be printed on the Bonds of each series,
but neither the failure to print any such number on any
Bonds, nor any error or omission with respect thereto, shall
constitute cause for failure or refusal by the successful
bidder for the Bonds to accept delivery of and pay for the
Bonds in accordance with the terms of its proposal to
purchase the Bonds. No such number shall constitute or be
deemed to be a party of any Bond or a part of the contract
evidenced thereby and no liability shall attach to the County
or any of its officers or agents because of or on account of
any such number or any use made thereof.
SECTION 5. Tax Covenant. The County covenants
and agrees to comply with the provisions of Sections 103 and
141-150 of the Internal Revenue Code of 1986 and the
applicable Treasury Regulations promulgated thereunder
throughout the term of the Bonds.
SECTION 6. Sources of Payment of Bonds. The full
faith and credit of the County are irrevocably pledged to the
punctual payment of the principal of and premium, if any, and
interest on the Bonds as the same become due. In each year
while the Bonds, or any of them, are outstanding and unpaid,
there shall be assessed, levied and collected, at the same
time and in the same manner as other taxes in the County are
assessed, levied and collected, a tax upon all taxable
property within the County, over and above all other taxes,
authorized or limited by law and without limitation as to
rate or amount, sufficient to pay when due the principal of
and premium, if any, and interest on the Bonds to the extent
other funds of the County are not lawfully available and
appropriated for such purpose.
SECTION 7. Form of Bonds. The Bonds shall be in
substantially the form set forth in Exhibit A hereto with
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such necessary or appropriate variations, omissions and
insertions as are incidental to their series, numbers,
interest rates, maturities and redemption provisions or as
are otherwise permitted or required by law or this
resolution.
SECTION 8. Sale of Bonds. (a) There is hereby
delegated to the County Administrator authority, without
further action by the Board of Supervisors, to sell the Bonds
of each series authorized for issuance under this resolution
in accordance with the provisions hereof at competitive sale
at not less than the principal amount thereof, plus accrued
interest thereon from their date to the date of delivery
thereof and payment therefor, and on such other terms and
conditions as shall be provided in the Notice of Sale
relating to the Bonds of each such series. The County
Administrator is hereby authorized to cause to be published
and distributed a Notice of Sale of the Bonds of each series
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 Notice of Sale of the
Bonds of any series in accordance with the provisions of the
immediately preceding sentence, the County Administrator is
hereby authorized cause a Summary Notice of Sale of the Bonds
of such series 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 Preliminary
Official Statement and a final Official Statement and a
Detailed Notice of Sale relating to the Bonds of each series.
(b) The County Administrator is hereby authorized
to receive bids for the purchase of the Bonds of each series
and, without further action by the Board of Supervisors, to
accept the bid offering to purchase the Bonds of each series
at the lowest true interest cost to the County, computed in
accordance with the provisions of the Detailed Notice of
Sale; provided (i) that such bid is accompanied by a
certified or bank cashier's check in the amount specified in
the Detailed Notice of Sale payable to the order of the
~County of Chesterfield, Virginia", or in lieu thereof a
surety bond meeting the conditions specified in the Detailed
Notice of Sale, and is otherwise in conformity with the
Detailed Notice of Sale, (ii) that the true interest cost to
the County as specified in such bid is not in excess of eight
percent (8.00%) and (iii) the redemption premium payable upon
the redemption of the Bonds shall not exceed three percent
(3.00%) of the principal amount thereof. The County
Administrator is hereby further authorized to determine the
dated date of the Bonds, the interest payment dates for the
Bonds, the dates on which the Bonds shall mature, the
principal amount of the Bonds maturing on each such maturity
date and the redemption provisions applicable to the Bonds
and to fix the rates of interest to be borne by the Bonds of
each maturity as specified in the bid accepted by him in
accordance with the immediately preceding sentence.
(c) The County Administrator is hereby further
authorized to execute and deliver to the purchasers of the
Bonds of each series authorized for issuance under this
resolution a Continuing Disclosure Certificate evidencing the
County's undertaking, to comply with the continuing
disclosure requirements of Paragraph (b)(5) of such
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Rule 15c2-12 to the extent applicable to the Bonds. The
County Administrator, the Director of Accounting and the
County Attorney are hereby authorized to execute and deliver
to the purchasers of the Bonds of each series one or more
certificates in the forms provided for in the Official
Statement relating to the Bonds of such series.
SECTION 9. Official Intent. This resolution
shall constitute authority for any appropriate representative
of the County (including, without limitation, the County
Administrator or any Deputy County Administrator, the County
Treasurer, the Director of Accounting and the Director of
Budget and Management) from time to time to execute an
official intent of the County pursuant to Treasury Regulation
Section 1.150-2 for purposes of authorizing the County to
reimburse itself from the proceeds of the Bonds for original
expenditures made on the public improvement projects
described in Section l(a) hereof made on or after the
sixtieth (60th) day prior to the date this resolution is
adopted. Any such official intent shall comply with the
provisions of Treasury Regulation Section 1.150-2(e) or any
successor thereto.
SECTION 10. Filing of this Resolution. The County
Attorney is hereby authorized and directed to file a copy of
this resolution, certified by the Clerk of the Board of
Supervisors to be a true and correct copy hereof, with the
Circuit Court of the County of Chesterfield.
SECTION 11. Invalidity of Sections, Paragraphs,
Clauses or Provisions. If any section, paragraph, clause or
provision of this resolution shall be held invalid or
unenforceable for any reason, the invalidity or
unenforceability of such section, paragraph, clause or
provision shall not affect any of the remaining portions of
this resolution.
SECTION 12. Headings of Sections. The headings of
the sections of this resolution shall be solely for
convenience of reference and shall not affect the meaning,
construction, interpretation or effect of such sections or of
this resolution.
SECTION 13. Effective Date.
take effect upon its adoption.
This resolution shall
EXHIBIT A
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
COUNTY OF CHESTERFIELD
GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND
SERIES OF
REGISTERED
No. R-
MATURITY DATE
INTEREST RATE
DATE OF BONDS
REGISTERED
$
CUSIP NO.
%
REGISTERED OWNER: CEDE & CO.
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PRINCIPAL AMOUNT:
The County of Chesterfield (hereinafter referred to
as the ~County"), a political subdivision of the Commonwealth
of Virginia, for value received, hereby promises to pay the
Registered Owner (named above), or registered assigns, on the
Maturity Date (specified above), unless this Bond shall have
been duly called for previous redemption and payment of the
redemption price shall have been duly made or provided for,
the Principal Amount (specified above), and to pay interest
on such Principal Amount on , and
semiannually on each and thereafter
from the date hereof or from the interest payment date next
preceding the date of authentication hereof to which interest
shall have been paid, unless such date of authentication is
an interest payment date, in which case from such interest
payment date if interest has been paid to such date, or
unless such date of authentication is within the period from
the sixteenth (16th) day to the last day of the calendar
month next preceding the following interest payment date, in
which case from such interest payment date if interest has
been paid to such date, until the payment of such Principal
Amount (each such date is hereinafter referred to as an
interest payment date) at the Interest Rate (specified above)
per annum, by check or draft mailed by the Registrar
hereinafter mentioned to the Registered Owner in whose name
this Bond is registered on the books of registry kept and
maintained by the Registrar as of the close of business on
the fifteenth (15th) day (whether or not a business day) of
the calendar month next preceding each interest payment date
is payable to the address of the Registered Owner as it
appears on such books of registry. Interest on this Bond
shall be calculated on the basis of a 360-day year consisting
of twelve 30-day months.
The principal of and premium, if any, on this Bond
are payable upon presentation and surrender hereof at the
principal office of the County Treasurer of the County in
Chesterfield, Virginia (the "Registrar"). The principal of
and premium, if any, and interest on this Bond are payable in
such coin or currency of the United States of America as at
the respective dates of payment is legal tender for public
and private debts.
This Bond is one of a duly authorized issue of
Bonds (herein referred to as the ~'Bonds") of the aggregate
principal amount of Dollars
($ ) of like date and tenor herewith, except for
number, denomination, interest rate, maturity and redemption
provisions, and is issued for the purpose of financing the
costs of various public improvement projects of and for the
County, under and pursuant to and in full compliance with the
Constitution and statutes of the Commonwealth of Virginia,
including Chapter 26 of Title 15.2 of the Code of Virginia,
1950 (the same being the Public Finance Act of 1991), an
election duly held in the County under the Public Finance Act
of 1991 on November 2, 2004 and resolutions duly adopted by
the Board of Supervisors of the County.
The Bonds of the issue of which this Bond is one
maturing on and after __, (or portions thereof
in installments of $5,000) shall be subject to redemption at
the option of the County prior to their stated maturities on
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or after __, in whole or in part at any time,
in such order as may be determined by the County (except that
if at any time less than all of the Bonds of a given maturity
are called for redemption, the particular Bond or portions
thereof shall be selected by lot), at a redemption price
equal to the principal amount thereof, together with the
interest accrued on the principal amount to be redeemed to
the date fixed for the redemption thereof.
If this Bond is redeemable and this Bond (or any
portion of the principal amount hereof in installments of
$5,000) shall be called for redemption, notice of the
redemption hereof, specifying the date, number and maturity
of this Bond, the date and place or places fixed for its
redemption, and if less than the entire principal amount of
this Bond is to be redeemed, that this Bond must be
surrendered in exchange for the principal amount hereof to be
redeemed and a new Bond or Bonds issued equaling in principal
amount that portion of the principal amount hereof not to be
redeemed, shall be mailed not less than thirty (30) days
prior to the date fixed for redemption by first class mail,
postage prepaid, to the Registered Owner of this Bond at his
address as it appears on the books of registry kept by the
Registrar for the Bonds. The Registrar shall not be required
to exchange or transfer this Bond later than the close of
business on the forty-fifth (45th) next day preceding the
date fixed for redemption of this Bond or any portion hereof.
If notice of the redemption of this Bond shall have been
given as aforesaid, and payment of the principal amount of
this Bond (or the portion of the principal amount hereof to
be redeemed) and of the accrued interest payable upon such
redemption shall have been duly made or provided for,
interest hereon shall cease to accrue from and after the date
so specified for redemption hereof.
Subject to the limitations and upon payment of the
charges, if any, provided in the proceedings authorizing the
Bonds of the series of which this Bond is one, this Bond may
be exchanged at the principal office of the Registrar for a
like aggregate principal amount of Bonds of other authorized
principal amounts and of the series of which this Bond is
one. This Bond is transferable by Registered Owner hereof,
in person or by his attorney duly authorized in writing, at
the principal office of the Registrar but only in the manner,
subject to the limitations and upon payment of the charges,
if any, provided in the proceedings authorizing the Bonds of
the series of which this Bond is one, and upon the surrender
hereof for cancellation. Upon such transfer a new Bond or
Bonds of authorized denominations and of the same aggregate
principal amount of the series of which this Bond is one will
be issued to the transferee in exchange herefor.
The full faith and credit of the County are
irrevocably pledged to the punctual payment of the principal
of and interest on this Bond as the same become due. In each
year while this Bond is outstanding and unpaid, there shall
be assessed, levied and collected, at the same time and in
the same manner as other taxes in the County are assessed,
levied and collected, a tax upon all taxable property within
the County, over and above all other taxes, authorized or
limited by law and without limitation as to rate or amount,
sufficient to pay when due the principal of and interest on
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this Bond to the extent other funds of the County are not
lawfully available and appropriated for such purpose.
This Bond shall not be valid or obligatory unless
the certificate of authentication hereon shall have been
manually signed by the Registrar.
It is hereby certified, recited and declared that
all acts, conditions and things required to have happened, to
exist and to have been performed precedent to and in the
issuance of this Bond and the series of which it is one, do
exist, have happened and have been performed in regular and
due time, form and manner as required by law, and that this
Bond and the Bonds of the series of which this Bond is one do
not exceed any constitutional or statutory limitation of
indebtedness.
IN WITNESS WHEREOF, the County, by its Board of
Supervisors, has caused this Bond to be executed by the
facsimile signature of the Chairman of such Board; a
facsimile of the corporate seal of such Board to be imprinted
hereon, attested by the facsimile signature of the Clerk of
such Board; and this Bond to be dated ,
[ SEAL ]
Attest:
Clerk of the Board of
Supervisors
Chairman of the Board of
Supervisors
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds delivered pursuant to
the within-mentioned proceedings.
Date of Authentication:
By:
County Treasurer, as Registrar
ASSIGNMENT
For valued received the undersigned hereby sell(s),
assign(s) and transfer(s) unto
(Please print or type name and address, including postal zip
code, of Assignee)
PLEASE INSERT SOCIAL SECURITY OR
OTHER TAX IDENTIFYING NUMBER OF ASSIGNEE
the within Bond and all rights hereunder, hereby irrevocably
constituting and appointing ,
Attorney, to transfer such bond on the books kept for the
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registration thereof, with the full power of substitution in
the premises.
Dated:
Signature Guaranteed:
NOTICE: Signature(s) must be (Signature of Registered
guaranteed by a member firm of Owner)
The New York Stock Exchange,
Inc. or a commercial bank or NOTICE: The signature above
trust company, must correspond with the name
of the Registered Owner as it
appears on the front of this
Bond in every particular,
without alteration, enlarge-
ment or any change whatso-
ever.
Ayes: Barber, Humphrey, King and Miller.
Nays: None.
Absent: Warren.
9.C.2.b. RECOGNIZING MR. ROBERT ROOP UPON HIS RETIREMENT
FROM TIMMONS GROUP, AS WELL AS HIS OUTSTANDING
LEADERSHIP ANDACCOMPLISHMENTS IN SERVICE TO HiS
COUNTRY AND CHESTERFIELD COUNTY
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, Mr. Robert Gentry Roop is a 1965 graduate of
Virginia Polytechnic Institute and State University; and
WHEREAS, Mr. Roop served his country in Vietnam during
1968 and 1969, earning a Bronze Star for heroic and
meritorious achievement; and
WHEREAS, following his military service, Mr. Roop
returned to Virginia Tech and earned his Master's degree in
civil engineering in 1971; and
WHEREAS, Mr. Roop was hired by J.
Associates in 1978; and
K. Timmons and
WHEREAS, during his 25 years with that Chesterfield
County-based company, now known as the Timmons Group, Mr.
Roop has helped build it into one of the top ten engineering
firms in Virginia, as ranked by Virginia Business magazine;
and
WHEREAS, Mr. Roop has most recently served as Timmons'
Senior Vice President for Municipal Services and Director of
Marketing; and
WHEREAS, Mr. Roop's expertise includes general
consultation to municipal clients for financial and
operational issues related to wastewater collection and
treatment facilities, water systems, drainage and flood
control, transportation facilities, dams, general site
engineering studies and evaluation reports; and
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WHEREAS, during his tenure with the Timmons Group, Mr.
Roop was the project manager or engineer-in-charge of many
significant projects in Chesterfield County, including the
James River Trunk Sewer System, the Woodlake Sewage Pumping
Station, Swift Creek Dam and Falling Creek Dam modifications,
Meadowville Technology Park infrastructure, Route 60/147
drainage study, Moorefield Office Park development and the
Chesterfield Towne Center development; and
WHEREAS, Mr. Roop has been associated with the Virginia
Society of Professional Engineers, the Virginia Section of
the American Public Works Association, Virginia Rural Water
Association and the Virginia Economic Developers Association
and is a charter member of the Midlothian Rotary Club,
helping to raise funds for many charities; and
WHEREAS, Mr. Roop and his wife, Becky, have hosted
dozens of international visitors at their home in Stonehenge
as part of the Rotary Club's foreign exchange programs; and
WHEREAS, Mr. Roop has been President of the Board of
Governors for the Stonehenge Golf and Country Club; and
WHEREAS, Mr. Roop has been an exemplary citizen of
Chesterfield County and his professional expertise has added
immeasurably to the quality of life in Chesterfield County.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes Mr. Bob Roop's
retirement from the Timmons Group, as well as his outstanding
leadership and accomplishments in service to his country, and
to Chesterfield County; congratulates him on his many
achievements, and extends to him and to his wife, Becky,
sincere best wishes for a long and happy retirement.
Ayes: Barber, Humphrey, King and Miller.
Nays: None.
Absent: Warren.
9 · C · 3 · STREET-NAME CHANGE
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
approved the renaming of a portion of Salem Church Road to
Old Salem Church Road. (It is noted a copy of the parcel map
is filed with the papers of this Board.)
Ayes: Barber, Humphrey, King and Miller.
Nays: None.
Absent: Warren.
9 .C.4.
9.C.4.&.
TRANSFER OF DISTRICT IMPROVEMENT FUNDS
FROM THE BERMUDA AND DALE DISTRICT IMPROVEMENT
FUNDS TO THE COUNTY'S DEPARTMENT OF PARKS AND
RECREATION TO FUND BASKETBALL PROGRAMS AT BENSLE¥
AND BEULAH ELEMENTARY SCHOOLS
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
transferred $5,000 each from the Bermuda and Dale District
Improvement Funds ($10,000 total) to the county's Department
of Parks and Recreation to fund basketball programs at
Bensley and Beulah Elementary Schools.
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Ayes: Barber, Humphrey, King and Miller.
Nays: None.
Absent: Warren.
9.C.4.b. FROM THE MIDLOTHIAN DISTRICT IMPROVEMENT FUND TO
THE SCHOOL BOARD TO PURCHASE BOOKS FOR THE
MIDLOTHIANMIDDLE SCHOOL LIBRARY
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
transferred $5,000 from the Midlothian District Improvement
Fund to the School Board to purchase books for the Midlothian
Middle School Library.
Ayes: Barber, Humphrey, King and Miller.
Nays: None.
Absent: Warren.
9.C.4.C. FROM THE BERMUDA DISTRICT IMPROVEMENT FUND TO THE
PARKS AND RECREATION DEPARTMENT TO REIMBURSE THE
DEPARTMENT FOR THE COST OF USING COUNTY SCHOOL
BUSES AND DRIVERS TO TRANSPORT CITIZENS TO THE 2004
JAMES RiVER PARADE OF LIGHTS EVENT
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
transferred $600 from the Bermuda District Improvement Fund
to the Parks and Recreation Department to reimburse the
department for the cost of using county school buses and
drivers to transport citizens to the 2004 James River Parade
of Lights event.
Ayes: Barber, Humphrey, King and Miller.
Nays: None.
Absent: Warren.
9.C.5. SET DATE FOR A PUBLIC HEARING TO REVISE FY2005 SCHOOL
BOARD CAPITAL IMPROVEMENT PLAN APPROPRIATIONS
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
set the date of January 26, 2005 at 7:00 p.m. for the Board
to consider revisions to the FY2005 School Board Capital
Improvement Plan appropriations.
Ayes: Barber, Humphrey, King and Miller.
Nays: None.
Absent: Warren.
9.C.6. STATE ROAD ACCEPTANCE
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
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Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that
a clear and unrestricted right-of-way,
necessary easements for cuts, fills and
AND, BE IT FURTHER RESOLVED, that a certified
this resolution be forwarded to the Resident Engineer
Virginia Department of Transportation.
Type Change to the Secondary System of State Hlflhways: Addition
Basis for Change: Addition, New subdIvision street
Statutory Reference: §33.1-229
Project: Forest Lake, Section C
· Lake Tree Drive, State Route Number: 5780
From: 0.01 Mi. S of Nile Rd., (Rt. 1565)
To: Sweetberry Ct., (Rt. 5782), a distance of: 0.07 miles.
Right-of-way record was filed on 3/27/2002 with the Office of Clerk to Cimuit Court in Pb. 124, Pg. 94,
with a width of 50 Ft.
· Lake Tree Drive, State Route Number: 5780
From: Sweetberry Ct., (Rt. 5782)
To: Windy Marsh Ct., (Rt. 5781), a distance of: 0.05 miles.
Right-of-way record was filed on 3/27/2002 with the Office of Clerk to Circuit Court in Pb. 124, Pg. 94,
with a width of 50 Ft.
· Lake Tree Drive, State Route Number: 5780
From: Windy Marsh Ct., (Rt. 5781 )
To: Laughter Ln., (Rt. 859), a distance of: 0.14 miles.
Right-of-way record was filed on 3/27/2002 with the Office of Clerk to Circuit Court in Pb. 124, Pg. 94,
with a width of 50 Ft.
· Lake Tree Drive, State Route Number: 5780
From: Laughter Ln., (Rt. 859)
To: Cul-de-sac, a distance of: 0.10 miles.
Right-of-way record was filed on 3/27/2002 with the Office of Clerk to Circuit Court in Pb. 124, Pg. 94,
with a width of 50 Ft.
·
From:
To:
Laughter Court, State Route Number: 5779
Laughter Ln., (Rt. 859)
Cul-de-sac, a distance of: 0.03 miles.
this Board guarantees
as described, and any
drainage.
copy of
for the
05-22
01/12/05
Right-of-way record was filed on 3/27/2002 with the Office of Clerk to Cimuit Court in Pb. 124, Pg. 94,
with a width of 50 Ft.
· Laughter Lane, State Route Number: 859
From: 0.02 Mi. S of Yoko Ct., (Rt. 4432)
To: Laughter Ct., (Rt. 5779), a distance of: 0.02 miles.
Right-of-way record was filed on 3/27/2002 with the Office of Clerk to Circuit Court in Pb. 124, Pg. 94,
with a width of 50 Ft.
· Laughter Lane, State Route Number: 859
From: Laughter Ct., (Rt. 5779)
To: Laketree Dr., (Rt. 5780), a distance of: 0.07 miles.
Right-of-way record was filed on 3/27/2002 with the Office of Clerk to Circuit Court in Pb. 124, Pg. 94,
with a width of 50 Ft.
· Nile Road, State Route Number: 1565
From: 0.01 Mi. S of Forest Lake Rd., (Rt. 859)
To: Laketree Dr., (Rt.5780), a distance of: 0.19 miles.
Right-of-way record was filed on 3/27/2002 with the Office Of Clerk To Circuit Court in Pb. 124, Pg. 94,
with a width of 50 Ft.
· Sweetberry Court, State Route Number: 5782
From: Laketree Dr., (Rt. 5780)
To: Cul de sac, a distance of: 0.04 miles.
Right-of-way record was filed on 3/27/2002 with the Office Of Clerk To Circuit Court in Pb. 124, Pg. 94,
with a width of 50 Ft.
· Windy Marsh Court, State Route Number: 5781
From: Laketree Dr., (Rt. 5780)
To: Cul de sac, a distance of: 0.04 miles.
Right-of-way record was filed on 3/27/2002 with the Office Of Clerk To Circuit Court in Pb. 124, Pg. 94,
with a width of 50 Ft.
And, further, the Board adopted the following
resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for
Department of Transportation has advised
streets meet the requirements established by
Street Requirements of the Virginia
Transportation.
the Virginia
this Board the
the Subdivision
Department of
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
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01/12/05
a clear and unrestricted right-of-way, as described,
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified
this resolution be forwarded to the Resident Engineer
Virginia Department of Transportation.
Type Change to the Secondary System of State Hl$1hways: Addition
Basis for Change: Addition, New subdivision street
Statutory Reference: {}33.1-229
Project: Tanner Village, Section A
· Camack Place, State Route Number: 5841
From: Camack TI., (Rt. 5840)
To: 0.04 Mi. S of Camack TI., (Rt. 5840), a distance of: 0.04 miles.
Right-of-way record was filed on 11/3/2003 with the Office of Clerk to Circuit Court in Pb. 138; Pg. 77,
with a width of 44 Ft.
· Camack Place, State Route Number: 5841
From: Camack PI., (Rt. 5841)
To: 0.09 Mi. NE of Camack PI., (Rt. 5841), a distance of'. 0.09 miles.
Right-of-way record was filed on 11/3/2003 with the Office of Clerk to Circuit Court in Pb. 138; Pg. 77,
with a width of 131 Ft.
· Camack Trail, State Route Number: 5840
From: Charter Colony Pkwy., (Rt. 950)
To: Camack PI., (Rt. 5841), a distance of: 0.08 miles.
Right-of-way record was filed on 11/3/2003 with the Office of Clerk to Circuit Court in Pb. 138; Pg. 77,
with a width of 44 Ft.
· Camack Trail, State Route Number: 5840
From: Camack PI., (Rt. 5841)
To: Jeffries Wy., (Rt. 5842), a distance of: 0.06 miles.
Right-of-way record was flied on 11/3/2003 with the Office of Clerk to Circuit Court in Pb. 138; Pg. 77,
with a width of 44 Ft.
· Camack Trail, State Route Number: 5840
From: Jeffdes Wy., (Rt. 5842)
To: Cul de sac, a distance of: 0.11 miles.
Right-of-way record was filed on 11/3/2003 with the Office of Clerk to Circuit Court in Pb. 138; Pg. 77,
with a width of 44 Ft.
·
From:
To:
BE IT FURTHER RESOLVED, that this Board guarantees
and any
Jeffrles Way, State Route Number: 5842
Camack TI., (Rt. 5840)
0.08 Mi. S of Camack TI., (Rt. 5840), a distance of: 0.08 miles.
copy of
for the
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Right-of-way record was filed on 11/3/2003 with the Office of Clerk to Circuit Court in Pb. 138; Pg.77,
with a width of 44 Ft.
Jeffrles Way, State Route Number: 5842
From: Camack TI., (Rt. 5840)
To:
0.09 Mi. N of Camack TI., (Rt. 5840), a distance of: 0.09 miles.
Right-of-way record was filed on 11,/3/2003 with the Office of Clerk to Circuit Court in Pb. 138; Pg. 77,
with a width of 44 Ft.
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Type Change to the Secondary System of State Highways: Addition
Basis for Change: Addition, New subdivision street
Statutory Reference:
§33.1-229
Project:
From:
To:
Tarrington, Section 1
Ashweil Drive, State Route Number: 5843
Robious Rd., (Rt. 711)
0.18 Mi. E of Robious Rd., (Rt. 711), a distance of: 0.18 miles,
Right-of-way record was filed on 8/29/2003 with the Office of Clerk to Circuit Court in Pb. 136, Pg. 80,
with a width of Variable.
Ashwell Drive, State Route Number: 5843
From: Ashwall Dr., 0.19 Mi. E of Robious Rd. (Rt. 711)
To: 0.15 Mi. E of Ashwell Dr., (Rt. 5843), a distance of: 0.15 miles.
Right-of-way record was filed on 8/29/2003 with the Office to Clerk of Circuit Court in Pb. 136, Pg. 60,
with a width of 70 Ft.
05-25
01/12/05
· Aehwell Drive (roundabout Circle), State Route Number: 5843
From: Ashwell Dr., (Rt. 5843)
To: 0.05 Mi. SW of Ashwell Dr., (Rt. 5843), a distance of: 0.05 miles.
Right-of-way record was filed on 8/29/'2003 with the Office of Clerk to Circuit Court in Pb. 136, Pg. 60,
with a width of Variable.
· Aahwell Drive (roundabout), State Route Number: 5843
From: Ashwell Dr., (Rt. 5843)
To: 0.05 Mi. NE of Ashwell Dr., (Rt. 5843), a distance of: 0.05 miles.
Right-of-way record was filed on 8/29/2003 with the Office of Clerk to Cimuit Court in Pb. 136, Pg. 60,
with a width of Variable.
· Langford Drive, State Route Number: 5845
From: Langford Ln., (Rt. 5844)
To: Penhurst Rd., (Rt. 5846), a distance of: 0.10 miles.
Right-of-way record was filed on 8/29/2003 with the Office of Clerk to Cimuit Court in Pb. 136, Page 60,
with a width of 44 Ft.
· Langford Drive, State Route Number: 5845
From: Penhurst Rd., (Rt. 5846)
To: Markfield Dr., (Rt. 5847), a distance of: 0.06 miles.
Right-of-way record was filed on 8/29/2003 with the Office of Clerk to Circuit Court in Pb. 136, Page 60,
with a width of 44 Ft.
· Langford Drive, State Route Number: 5845
From: Markfield Dr., (Rt. 5847)
To: 0.05 Mi. N of Markfield Dr., (Rt. 5847), a distance of: 0.05 miles.
Right-of-way record was filed on 8/29/2003 with the Office of Clerk to Cimuit Court in Pb. 136, Page 60,
with a width of 44 Ft.
· Langford Drive, State Route Number: 5845
From: Langford Ln., (Rt. 5844)
To: Penhurst Rd., (Rt. 5846), a distance of: 0.10 miles.
Right-of-way record was filed on 8/29/2003 with the Office of Clerk to Cimuit Court in Pb. 136, Page 60,
with a width of 44 Ft.
· Langford Lane, State Route Number: 5844
From: Ashwell Dr., (Rt. 5843)
To: Langford Dr., (Rt. 5845), a distance of: 0.07 miles.
Right-of-way record was filed on 8/29/2003 with the Office of Clerk to Cimuit Court in Pb. 136, Page 60,
with a width of 44 Ft.
·
From:
To:
Markfleld Drive, State Route Number: 5847
Langford Dr., (Rt. 5845)
0.02 Mi. E of Langford Dr., (Rt. 5845), a distance of: 0.02 miles.
05-26
01/12/05
Right-of-way record was filed on 8/29/2003 with the Office of Clerk to Circuit Court in Pb. 136, Page 60,
with a width of 40 Ft.
Penhurst Road, State Route Number: 5846
From: Langford Dr., (Rt. 5845)
To:
Langford Dr., (Rt. 5845), a distance of: 0.13 miles.
Right-of-way record was filed on 8/29/2003 with the Office of Clerk to Circuit Court in Pg. 136, Page 60,
with a width of 44 Ft.
Penhurst Road, State Route Number: 5846
From: Ashwell Dr., (Rt. 5843)
To:
Langford Dr., (Rt. 5845), a distance of: 0.05 miles.
Right-of-way record was filed on 8/29/2003 with the Office of Clerk to Circuit Court in Pg. 136, Page 60,
with a width of 44 Ft.
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Tv;)e Chanae to the Secondary System of State Highways: Addition
Basis for Change:
Addition, New subdivision street
Statutory Reference:
§33.1-229
Project: Tarrington, Section 2
Calcutt Drive, State Route Number: 5849
From: Calcutt Ln., (Rt. 5848)
To:
Cul de sac, a distance of: 0.09 miles.
Right-of-way record was filed on 8/29/2003 with the Office of Clerk to Circuit Court in Pb. 136, Pg. 64,
with a width of 40 Ft.
05-27
0Z/12/05
·
From:
To:
Calcutt Drive, State Route Number: 5849
Caicutt Ln., (Rt. 5848)
Grendon Dr., (Rt. 5850), a distance of: 0.09 miles.
Right-of-way record was filed on 8/29/2003 with the Office of Clerk to Cimuit Court in Pb. 136, Pg. 64,
with a width of 40 Ft.
· Calcutt Lane, State Route Number: 5848
From: Ashwell Dr., (Rt. 5843)
To: Calcutt Dr., (Rt. 5849), a distance of: 0.08 miles.
Right-of-way record was filed on 8/29/2003 with the Office of Clerk to Cimuit Court in Pb. 136, Pg. 64,
with a width of 44 Ft.
· Grendon Drive, State Route Number: 5850
From: Grendon Ln., (Rt. 5852)
To: Calcutt Dr., (Rt. 5849), a distance of: 0.09 miles.
Right-of-way record was filed on 8/29/2003 with the Office of Clerk to Circuit Court in Pb. 136, Pg. 64,
with a width of 40 Ft.
· Grendon Drive, State Route Number: 5850
From: Cul de sac
To: Grendon Ln., (Rt. 5852), a distance of: 0.04 miles.
Right-of-way record was filed on 8/29/2003 with the Office of Clerk to Circuit Court in Pb. 136, Pg. 64,
with a width of 40 Ft.
· Grendon Drive, State Route Number: 5850
From: Calcutt Dr., (Rt. 5849)
To: Hedgeway PI., (Rt. 5851), a distance of: 0.07 miles.
Right-of-way record was filed on 8/29/2003 with the Office of Clerk to Circuit Court in Pb. 136, Pg. 64,
with a width of 40 Ft.
· Grendon Drive, State Route Number: 5850
From: Hedgeway PI., (Rt. 5851)
To: 0.08 Mi. SE of Hedgeway PI., (Rt. 5851), a distance of: 0.08 miles.
Right-of-way record was filed on 8/29/2003 with the Office of Clerk to Circuit Court in Pb. 136, Pg. 64,
with a width of 40 Ft.
· Grendon Drive (Loop), State Route Number: 5850
From: 0.08 Mi. SE of Hedgeway PI., (Rt. 5851)
To: 0.08 Mi. SE of Hedgeway PI., (Rt. 5851), a distance of: 0.13 miles.
Right-of-way record was filed on 8/29/2003 with the Office of Clerk to Cimuit Court in Pb. 136, Pg. 64,
with a width of Variable.
· Grendon Lane, State Route Number: 5852
From: Grendon Dr., (Rt. 5850)
To: Ashwell Dr., (Rt. 5843), a distance of: 0.07 miles.
05-28
01/12/05
Right-of-way record was filed on 8/29/2003 with the Office of Clerk to Circuit Court in Pb. 136, Pg. 64,
with a width of 40 Ft.
· Hedgeway Place, State Route Number: 5851
From: Grendon Dr., (Rt. 5850)
To: Cul de sac, a distance of: 0.06 miles.
Right-of-way record was filed on 8/29/2003 with the Office of Clerk to Circuit Court in Pb. 136, Pg. 64,
with a width of 40 Ft.
Ayes: Barber, Humphrey, King and Miller.
Nays: None.
Absent: Warren.
9.C.7. APPROVAL OF SEWER CONTRACT FOR THE SWIFT CREEK TRUNK
SEWER LINE - HALLSLEY SUBDIVISION PROJECT
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
approved the following sewer contract for Swift Creek Trunk
Sewer Line - Hallsley Subdivision, Contract Number 03-0281,
which includes 15,138 L.F. ~ of 27-inch through 42-inch
oversized wastewater lines:
Developer: Hallsboro Development Corporation
Contractor: G.L. Howard, Incorporated
Contract Amount:
Estimated County Cost for 0versizing
Cash Refund ........ $484,269.25
Refund thru Connections $597,060.75
Estimated Developer Cost ....... $1,397,390.50
Estimated Total ........... $2,478,720.50
Code: Cash Refunds - 0versizing
Refunds thru Connections - 0versizing
District: Matoaca
5N-572WO-E4C
5N-572VO-E4C
(It is noted a copy of the vicinity sketch is filed with the
papers of this Board.)
Ayes: Barber, Humphrey, King and Miller.
Nays: None.
Absent: Warren.
9.C.8. ACCEPTANCE OF PARCELS OF LAND
9.C.8.a. ALONG THE EAST RIGHT OF WAY LINE OF TURNER RO~
FROM GLORIA ANNCLIBORNE
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
accepted the conveyance of a parcel of land containing 0.092
acres along the east right of way line of Turner Road (State
Route 650) from Gloria Ann Cliborne, 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: Barber, Humphrey, King and Miller.
Nays: None.
Absent: Warren.
05-29
01/12/05
9.C.8.b. ALONG THE SOUTH RIGHT OF WAY LINE OF WEST HUNDRED
ROAD FROM RONALD J. ROST
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
accepted the conveyance of a parcel of land containing 0.004
acres along the south right of way line of West Hundred Road
(State Route 10) from Ronald J. Rost, 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: Barber, Humphrey, King and Miller.
Nays: None.
Absent: Warren.
9.C.8.c. ALONG THE SOUTH RIGHT OF WAY LINE OF WOOLRID~E ROAD
FROM KEITH D. AND MARJORIE WRIGHT
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
accepted the conveyance of a parcel of land containing 0.113
acres along the south right of way line of Woolridge Road
from Keith D. and Marjorie Wright, 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: Barber, Humphrey, King and Miller.
Nays: None.
Absent: Warren.
9.C.8.d. ALONG THE NORTH RIGHT OF WAY LINE OF OTTERDALE ROAD
FROM GEORGE K. AND CAROL L. MOREHEAD
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
accepted the conveyance of two parcels of land containing a
total of 0.066 acres along the north right of way line of
Otterdale Road from George K. and Carol L. Morehead, and
authorized the County Administrator to execute the deed. (It
is noted copies of the plats are filed with the papers of
this Board.)
Ayes: Barber, Humphrey, King and Miller.
Nays: None.
Absent: Warren.
9.C.8.e. ALONG THE SOUTH RIGHT OF WAY LINE OF WOOLRID~E ROAD
FROM THE TRUSTEES OF WHISPERING HOPE COMMUNITY
CHURCH
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
accepted the conveyance of a parcel of land containing 0.052
acres along the south right of way line of Woolridge Road
from The Trustees of Whispering Hope Community Church, 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: Barber, Humphrey, King and Miller.
Nays: None.
Absent: Warren.
05-30
01/12/05
9.C.8.f. ALONG THE NORTH RIGHT OF WAY LINE OF OTTERDA?.~ RO~
FROM BLAIR E. AND CYNTHIA A. HOWAI~_D
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
accepted the conveyance of a parcel of land containing 0.0165
acres along the north right of way line of Otterdale Road
from Blair E. and Cynthia A. Howard, 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: Barber, Humphrey, King and Miller.
Nays: None.
Absent: Warren.
9.C.9. DESIGNATION OF RIGHT OF WAY FOR ALLIED ROAD AT
~O~LiC SAFETY TRAINING CENTER
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
designated right of way for Allied Road at the Public Safety
Training Center and authorized the County Administrator to
execute the Declaration. (It is noted copies of the plats
are filed with the papers of this Board.)
Ayes: Barber, Humphrey, King and Miller.
Nays: None.
Absent: Warren.
9.C.10.
APPROVAL OF WATER CONTRACT FOR TH~ HALLSLRy
SUBDIVISION - OFFSITE WATER LINE PROJECT ALONG OLn
HUNDRED ROAD
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
approved the following water contract for the Hallsley
Subdivision - 0ffsite Water Line Project along Old Hundred
Road, Contract Number 03-0172, which includes the extension
of 11,550 L.F. ~ of 24-inch and 16-inch oversized water
lines:
Developer: Hallsboro Development Corporation
Contractor: G.L. Howard, Incorporated
Contract Amount:
Estimated County Cost for Oversizing $446,630.00
Estimated County Cost for Offsite ..... $71,377.50
Estimated Developer Cost ......... $598,777.50
Estimated Total .............. $1,116,785.00
Code:
Refunds thru Connections - Oversizing
Refunds thru Connections - 0ffsite
5N-572VO-E4C
5N-572VO-E4D
District: Midlothian and Matoaca
(It is noted a copy of the vicinity sketch is filed with the
papers of this Board.)
Ayes: Barber, Humphrey, King and Miller.
Nays: None.
Absent: Warren.
05-31
01/12/05
9.C.11. REQUESTS FOR PERMISSION
9.C.11.&. FROM L~ H. AND KAREN W. FULLER FOR A PROPOSED
FENCE TO ENCROAC~ WITHIN A SIXT~-FOOT DRAINAGE
EASE~.NT ACROSS LOT 71, HARTLEY VILLAGE AT CHARTER
COLONY
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
approved a request from Lee H. Fuller and Karen W. Fuller for
permission for a proposed fence to encroach within a 16-foot
drainage easement across Lot 71, Hartley Village at Charter
Colony, subject to the execution of a license agreement. (It
is noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Barber, Humphrey, King and Miller.
Nays: None.
Absent: Warren.
9.C.11.b.
FROM DOUGLAS C. AND JERRI PAT MACPHERSON TO
INSTALL A PRIVATE WATER SERVICE WITH~ A PRIVATE
EASEMENT TO SERVE PROPERTY ON BEULAH ROAD
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
approved a request from Douglas C. MacPherson and Jerri Pat
MacPherson for permission to install a private water service
within a private easement to serve property at 4435 Beulah
Road. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Barber, Humphrey, King and Miller.
Nays: None.
Absent: Warren.
9.C.11.c. FROM ERIC D. AND JUDITH M. UNDERWOOD TO INSTALL A
PRIVATE WATER SERVICE WITHIN A FIFTY-FOOT COUNTY
RIGHT OF WAY TO SERVE PROPERTY ON BEULAH ROAD
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
approved a request from Eric D. Underwood and Judith M.
Underwood for permission to install a private water service
within a 50-foot county right of way to serve property at
4507 Beulah Road. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Barber, Humphrey, King and Miller.
Nays: None.
Absent: Warren.
9.C.12. CONVEYANCE OF AN EASEMENT TO VERIZON VIRGINIA
iNCORPORATED TO INSTALL UNDERGROUND CABLE ACROSS
COUNTY PROPERTY TO SERVE THE CHESTER HOUSE PROJECT
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an easement agreement with
Verizon Virginia Incorporated to install underground cable
across county property to serve the Chester House Project.
(It is noted a copy of the plat is filed with the papers of
this Board.)
Ayes: Barber, Humphrey, King and Miller.
Nays: None.
Absent: Warren.
05-32
01/12/05
9.C.13. AWARD OF CONTRACT FOR TH~. B~LLWOOD ~.L~VATED WATER
STORAGE TANK REPAIRS AND REPAINTING PROJECT
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
awarded a contract, in the amount of $953,650, to Town Hall
Painting Corporation for repairs and repainting of the
Bellwood Elevated Water Storage Tank, County Project Number
04-0299; authorized the appropriation of $188,000 from the
water fund balance; and authorized the County Administrator
to execute the necessary documents.
Ayes: Barber, Humphrey, King and Miller.
Nays: None.
Absent: Warren.
9.C.14. APPROVAL OF FIRST AMENDMENT TO OPTION AG~mm~a.~TT WIT~
OLD nu~RED MILL, INCORPORATED FOR PURCHASE OF RF~T.
ESTATE FOR GENITO ROAD SCHOOL SIT~
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
approved the First Amendment to the Option Agreement with Old
Hundred Mill, Incorporated for purchase of real estate for
the Genito Road School Site, and authorized the County
Administrator to execute the Amendment. (It is noted a copy
of the First Amendment to the Option Agreement is filed with
the papers of this Board.)
Ayes: Barber, Humphrey, King and Miller.
Nays: None.
Absent: Warren.
10. HEARINGS OF CITIZENS 0NUNSCHEDULED MATTERS OR CLAIM~
There were no hearings of citizens on unscheduled matters or
claims at this time.
11.
11 .A.
11 .B.
REPORTS
REPORT ON DEVELOPER WATER AND SEWER CONTRACTR
REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR
· 'uTu~E CAPITAL PROJECTS, DISTRICT IMPROVeMeNT FUNDS
11.C.
AND LEASE PURCHASES
REPORT ON ROb. DS ACCEPTED INTO THE STATE SECONDARY
~YST~
On motion of Mr. Miller, seconded by Mrs. Humphrey, the Board
accepted the following reports: a Report on Developer Water
and Sewer Contracts and a Report on the Status of General
Fund Balance, Reserve for Future Capital Projects, District
Improvement Funds and Lease Purchases.
And, further, the following roads were accepted into the
State Secondary System:
ADDITION
LENGTH
Allerdice At The Highlands
(Effective 11/19/2004)
05-33
01/12/05
Allerdice Terrace (Route 5762) - From Eastfair
Drive (Route 5186) to Cul-de-sac
Eastfair Drive (Route 5186) - From 0.05 mile
south of Lyndenwood Drive (Route 5684) to
Macandrew Drive (Route 5760)
Eastfair Drive (Route 5186) - From Macandrew
Drive (Route 5760) to Allerdice Terrace
(Route 5762)
Glamis Court (Route 5763) - From Macandrew
Lane (Route 5685) to Cul-de-sac
Macandrew Drive (Route 5760) - From Eastfair
Drive (Route 5186) to Macandrew Terrace (Route
5761)
Macandrew Lane (Route 5685) - From Macandrew
Terrace (Route 5761) to Glamis Court (Route
5763)
Macandrew Lane (Route 5685) - From Glamis
Court (Route 5763) to Cul-de-sac
Macandrew Lane (Route 5685) - From Macandrew
Terrace (Route 5761) to end of maintenance
Macandrew Lane (Route 5761) - From Macandrew
Drive (Route 5760) to Cul-de-sac
Macandrew Terrace (Route 5761) - From Macandrew
Drive (Route 5760) to Macandrew Lane (Route 5685)
Black Isle At The Highlands
(Effective 11/19/2004)
Black Isle Court (Route 5768) - From Black
Isle Way (Route 5767) to Cul-de-sac
Black Isle Way (Route 5767) - From Black
Isle Court (Route 5768) to Cul-de-sac
Black Isle Way (Route 5767) - From Eastfair
Drive (Route 5186) to Black Isle Court
(Route 5768)
Braidstone Lane (Route 5765) - From Eastfair
Drive (Route 5186) to Braidstone Terrace
(Route 5766)
Braidstone Lane (Route 5765) - From Braidstone
Terrace (Route 5766) to Cul-de-sac
Braidstone Terrace (Route 5766) - From Braidstone
Lane (Route 5765) to Cul-de-sac
Lyndenwood Court (Route 5764) - From Eastfair
Drive (Route 5186) to Cul-de-sac
Broadwater Townhomes, Phase 2
(Effective 11/19/2004)
05-34
0.04 Mi.
0.30 Mi.
0.28 Mi.
0.14 Mi.
0.09 Mi.
0.10 Mi.
0.05 Mi.
0.06 Mi.
0.17 Mi.
0.05 Mi.
0.09 Mi.
0.05 Mi.
0.13 Mi.
0.05 Mi.
0.04 Mi.
0.19 Mi.
0.05 Mi.
01/12/05
Broadwater Way (Route 5630) - From 0.03 mile
north of Broadwater Lane (Route 5629) to
Tinsberry Circle (Route 5627)
Broadwater Way (Route 5630) - From Tinsberry
Circle (Route 5627) to Broadwater Way (loop)
(Route 5630)
Broadwater Way (loop) (Route 5630) - From
Broadwater Way (Route 5630) to Broadwater Way
(Route 5630)
Tinsberry Circle (Route 5627) - From 0.05 mile
west of Broadwater Lane (Route 5629) to
Broadwater Way (Route 5630)
Walthall Creek, Section 16
(Effective 11/19/2004)
Clearcreek Place (Route 5776) - From Clearsprings
Lane (Route 4064) to Cul-de-sac
Ayes: Barber, Humphrey, King and Miller.
Nays: None.
Absent: Warren.
0.08 Mi.
0.04 Mi.
0.08 Mi.
0.05 Mi.
0.16 Mi.
12. DINNER
On motion of Mr. Barber, seconded by Mr. Miller, the Board
recessed to the Administration Building, Room 502, for
dinner.
Ayes: Barber, Humphrey, King and Miller.
Nays: None.
Absent: Warren.
Reconvening:
13. INVOCATION
Reverend Johnnye Massenburg, Assistant Pastor, First Baptist
Church Midlothian gave the invocation.
14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Colonel Fran Pitaro, United States Army, retired led the
Pledge of Allegiance to the flag of the United States of
America.
Mr. King recognized members of Boy Scout Troop 877, sponsored
by Chester Presbyterian Church, who were present at the
meeting and thanked them for their attendance.
05-35
01/12/05
15. ~OLUTIONS AND SPECIAL RECOaNiTIONS
0 RECOaNIZIN~ T~ HONORABLE KELLY E. MILLER AS 2004
CHAIRMAN OF THE BOARD OF SUPERVISORS
Mr. Barber stated he had the opportunity to express
appreciation for Mr. Miller's leadership as 2004 Chairman
during the afternoon session and invited Mrs. Humphrey and
Mr. King to comment on Mr. Miller's chairmanship.
Mrs. Humphrey stated it has been her pleasure to serve under
Mr. Miller's chairmanship, indicating that she greatly
respects his wisdom and advice. She then presented Mr.
Miller with a gift in appreciation of his service as
Chairman.
Mr. Barber presented Mr. Miller with a plaque signifying his
term as Chairman.
Mr. King stated the greatest honor he has ever had is to
represent the citizens of the Bermuda District. He further
stated his service has been enhanced by working with and
getting to know his mentor and friend, Mr. Miller who
represents honesty and integrity. He expressed appreciation
to Mr. Miller for his service to the Dale District
constituents as well as the county and thanked him for his
service to mankind and to God. He then presented the
executed resolution to Mr. Miller.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Honorable Kelly E. Miller, Supervisor
representing the Dale District, served as Chairman of the Board
of Supervisors from January 2004 to December 2004, and during
this period, demonstrated outstanding leadership through many
challenges and opportunities confronting the county, including
Tropical Storm Gaston; coordination with schools and meetings
with civic groups concerning the Bond Referendum that was
approved in November totaling more than $341 million, which will
enable the county to continue providing its residents with an
outstanding quality of life; the county's 2nd successful Award
for Continuing Excellence (ACE) application; the long-awaited
completion of Route 288; the purchase of Cloverleaf Mall and
planning for its revitalization as a mixed-use development
project; start up of a new transportation program, "Access
Chesterfield," for the county's neediest residents; and
WHEREAS, Mr. Miller demonstrated strong support for public
safety and all the county's other divisions throughout his
tenure as chairman; and skillfully led the county through many
diverse and sensitive issues; was responsive to the needs of
citizens; was guided at all times by exemplary ethics and values
as he worked on behalf of all Chesterfield County residents; and
WHEREAS, Mr. Miller has exemplified all that is desirable
and highly respected in our senior leaders in the public service
arena; and
WHEREAS, under Mr. Miller's Chairmanship, the county
achieved successes including maintaining its AAA rating from
each of the three major bond-rating agencies; adopting the
county's first true biennial budget for FY2005 and FY2006;
receiving 12 NACo Achievement Awards and Public Affairs
05-36
01/12/05
receiving 24 communication awards from NACIO; the Utilities
Department receiving the Platinum Award for Competitiveness
Achievement from the Association of Metropolitan Water Agencies,
which is the equivalent to the ACE Award in the water industry,
and was one of only 15 awards nationwide and the only water
utility in the state to receive this recognition; implementing
an Environment Management System at Proctors Creek Wastewater
Treatment Plant resulting in recognition from the Department of
Environment Quality; adopting a national crime background checks
program for volunteer youth sports league coaches; initiating a
Recreation Volunteer Awards Program to recognize outstanding
citizen efforts; dedicating the Mid-Lothian Mines Park;
acquiring the Stratton property for a natural resource-based
park adjoining Falling Creek; and
WHEREAS, other successes under Mr. Miller's Chairmanship
include economic development projects such as the location of
Altria Corporate Services Group in Moorefield Office Park adding
100 jobs, International Paper's 330,000 square foot
redistribution operation on Route 10, and Honeywell's $20
million expansion; Falling Creek and Proctors Creek Wastewater
Treatment Plants achieving 100% compliance with discharge permit
requirements for fiscal year 2004; establishing a Boys and Girls
Club at Falling Creek Middle School; the Block Grant Office
completing 23 housing projects in the Dale District; adopting
The Public Facilities Plan, which addresses existing and future
needs for such facilities as schools, fire stations, parks, and
libraries; completing the Chesterfield County Growth Analysis
Report; adopting numerous zoning and subdivision ordinance
amendments and policy changes to include cellular communications
towers, lighting in residential districts, and family
subdivisions; hosting ~Chesterfield Matters," a monthly public
information program for Chesterfield County residents; and
various transportation improvements including widening of
Robious Road, and constructing the Meadowville Technology Park
Access road, Old Bon Air Road, and Salem Church Road.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County
Board of Supervisors, this 12tn day of January 2005, publicly
recognizes and applauds the untiring efforts displayed by its
2004 Chairman, the Honorable Kelly E. Miller.
AND, BE IT FURTHER RESOLVED, that the Board of
Supervisors does hereby present Mr. Miller with a plaque
recognizing his distinguished service from January 2004 to
December 2004.
Ayes: Barber, Humphrey, King and Miller.
Nays: None.
Absent: Warren.
Mr. Miller expressed appreciation to Board members for their
support and stated the successes achieved during 2004 were a
result of their teamwork. He again congratulated Mr. Barber
for being elected the 2005 Chairman, and stated he believes
the county will achieve even greater successes under Mr.
Barber's chairmanship. He stressed the importance of faith
and stated he believes there is very little man can do on his
own unless God has a part in it.
Mr. Miller received a standing ovation.
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01/12/05
Mr. Barber introduced Ms.
Chesterfield Business Council.
Pamela Hathaway, Chair of
Ms. Hathaway commended both Mr. Miller and Board members for
their outstanding leadership during 2004. She stated many
decisions made during the year demonstrated clearly that the
Board recognizes the important role of businesses and
economic development in preserving the county's excellent
quality of life. She stated the Business Council supports
the Board's efforts in these areas and looks forwarding to
working with them in the future.
16. wR~RINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS
There were no hearings of citizens on unscheduled matters or
claims at this time.
17. PUBLIC HEARINGS
O TO CONSIDER THE RECEIPT AND APPROPRIATiON OF GRANT FUNDS
FROM THE FEDERAL EMERGENCY MANAGEMENTAGENCY (FEMA)
THROUGH THE HAZARD MITIGATION GRANT PROGRAM (I{MGP)
Mr. Witt stated this date and time has been advertised for a
public hearing for the Board to consider the receipt and
appropriation of grant funds from the Federal Emergency
Management Agency (FEMA) through the Hazard Mitigation Grant
Program and the appropriation of in-kind local match funds.
He further stated, on January 14, 2004, the Board authorized
the County Administrator to apply for the FEMA grant funding
with the stipulation that no county funds would be used for
any part of the local match. He noted 75 percent of the
funding is being provided by FEMA; 20 percent from the state
and five percent from the participating homeowners;
therefore, no county funds will be used.
Mr. Barber called for public comment.
Ms. Patricia Radigan, owner of the home at 7401 Beach Road,
thanked the Board for applying for the grant on behalf of the
Beach Road homeowners. She stated Mr. Bill Dupler has been
wonderful to work with and expressed appreciation for his
diligence in pursuing the grant funding. She requested that
the Board reconsider use of county funds as the local match.
She provided details of assistance provided to county
residents following Hurricane Isabel. She stated, if the
Board approves this action, county residents would be the
recipients of approximately eight acres on Beach Road, which
could be used for a park or another public purpose. She
further stated she and her neighbors would appreciate it if
the county would provide $39,000, or a portion thereof, for
the required local match funding.
Ms. Jeannine Yeamans, a resident of 7301 Beach Road, stated
she appreciates the county's efforts in pursuing the grant
funding and thanked Mr. Dupler for his efforts. She further
stated she had no idea of the serious consequences of moving
into a flood zone and expressed concerns that flood insurance
does not fully cover all of her losses. She asked the Board
to reconsider using county funds for the local match.
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01/12/05
There being no one else to speak to the issue, the public
hearing was closed.
In response to Mrs. Humphrey's question, Mr. Witt stated the
county will ultimately receive ownership of the Beach Road
property.
Mr. Ramsey stated the county made it clear with the
homeowners from the beginning of the process that the five
percent local match would be the responsibility of the
homeowners.
In response to Mrs. Humphrey's question, Mr. Ramsey stated
the county has not yet made a decision regarding how the
property will be used. He noted there will be a cost to the
county to own and maintain the property. He stated using the
property will be very difficult because there is one parcel
in the middle that is being retained by the owner.
Mrs. Humphrey stated she has watched Swift Creek flood these
homes since she was a child and each year it has become worse
and worse. She further stated she is glad the county was
able to assist the citizens by applying for and receiving the
grant funding. She stated she would like to see the land
dedicated for either preservation or for a roadside park
site, and expressed dismay that one property owner chose to
retain their property.
In response to Mr. Barber's question, Mr. Witt stated the
county will negotiate a purchase price with the property
owners and deduct five percent from that price.
Mr. Miller stated it is his understanding that the residents
were told from the outset that if they chose to be a part of
the process, they would be required to provide the local
match from their homeowner's equity.
Mr. Witt stated that is also his understanding. He noted the
20 percent being provided by the state was not assured,
indicating that the amount could have varied.
Mr. Ramsey stated the county knew FEMA would provide 75
percent of the funding if the grant was approved, but the
county did not know how much, if any, the state would
provide.
Mr. Miller stated he sympathizes with citizens who suffer as
a result of any event and certainly as a result of an act of
God. He further stated property owners take a certain amount
of risk when purchasing property, and there is no way to
control acts of God that brought about the damage these
citizens have suffered. He stated the property owners knew
their property was located in a flood plain and purchased
flood insurance; therefore, it is only fair that they pay the
relatively small portion of the local match. He further
stated he is not in a position to vary from the understanding
from the very beginning that the county would not provide any
funding.
Mr. Miller then made a motion for the Board to approve the
receipt and appropriation of federal and state grant funds
from the Federal Emergency Management Agency through the
05-39
01/12/05
Hazard Mitigation Grant Program, with the local match funding
being provided by the property owners.
Mr. King seconded the motion. He stated he, too, is
extremely sympathetic to the residents' situations. He
expressed concerns relative to setting a precedent when it
comes to providing assistance to residents who suffer because
of acts of God. He stated he believes the county has done
everything the Board said they would do for the residents,
indicating that he is not prepared to provide county funding
to make up the difference.
Mrs. Humphrey stated this situation is different from other
natural disasters because the county will ultimately own the
property. She further stated acquiring this real estate is a
reason she might have considered providing county funding,
but there does not appear to be any support for the Board to
do anything more than what it committed to do thus far.
Mr. Barber called for a vote on the motion of Mr. Miller,
seconded by Mr. King, for the Board to approve the receipt
and appropriation of $762,077 in federal and state grant
funds from the Federal Emergency Management Agency through
the Hazard Mitigation Grant Program.
And, further, the Board approved the appropriation of in-kind
local match funds in the amount of $39,231, which will be
provided by homeowner's equity from the properties
encompassed by the grant.
Ayes: Barber, Humphrey, King and Miller.
Nays: None.
Absent: Warren.
18. ADJOURNMENT
On motion of Mr. Miller, seconded by Mr. Barber, the Board
adjourned at 7:53 p.m. until January 26, 2005 at 3:30 p.m.
Ayes: Barber, King, Humphrey and Miller.
Nays: None.
Absent: Warren.
Lane B. Ramsey /
County Administrator
Edward B. Barber
Chairman
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