01-13-99 MinutesBOARD OF SUPERVISORS
MINUTES
January 13, 1999
Supervisors in Attendance:
Mr. Harry G. Daniel, Chairman
Mr. Arthur S. Warren, Vice Chrm.
Mr. Edward B. Barber
Mrs. Renny B. Humphrey
Mr. J. L. McHale, III
Mr. Lane B. Ramsey
County Administrator
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Staff in Attendance:
Mr Craig Bryant, Dir.,
Utilities
Ms Marilyn Cole, Asst.
County Administrator
Mr Richard Cordle,
Treasurer
Mr N. E. Carmichael,
Commissioner of Revenue
Ms Rebecca Dickson, Dir.,
Budget and Management
Mr William D. Dupler,
Building Official
Chief Stephen A. Elswick,
Fire Department
Ms. Karla J. Gerner, Dir.
Human Resource Mgmt.
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. Lawrence C. Haake, III,
Registrar
Mr. Bradford S. Hammer,
Deputy Co. Admin.,
Human Services
Mr. Russell Harris,
County Ombudsman
Ms. Tammy D. Haskins,
Clerk to the Board
Mr. Thomas E. Jacobson,
Dir., Planning
Mr. H. Edward James,
Dir., Purchasing
Mr. Donald Kappel, Dir.,
Public Affairs
Mr R. John HcCracken,
Dir., Transpertation
Lt Cel. Dennis McDonald,
Police Department
Mr Richard M. McElfish,
Dir., Env. Engineering
Hr Gary R. HcLaren, Dir.,
Economic Development
Hr Steven L. Micas,
Ceunty Attorney
Mr Richard A. Nunnally,
Extensien Agent
Mr P. O. Parks, Dir.,
Infermation Systems Tech.
Mr. Paul D. Patten,
Assessor
Mr. Francis Pitaro, Dir.,
General Services
Ms. Sarah Snead, Dir.,
Social Services
Mr. James J. L. Stegmaier,
Deputy Co. Admin.,
Management Services
Mr. M. D. Stith, Jr.,
Deputy Co. Admin.,
Community Development
Sheriff Clarence Williams,
Sheriff's Department
Mr. Thomas A. Taylor, Dir.
Block Grant Office
Mr. Ramsey called the regularly scheduled meeting to order at
4:05 p.m.
1. ORGANIZATIONAL MEETING
1,A. ELECTION OF CF_AIRMAN AND VICSI CHAIRMAN
Mr. Ramsey commended the Board for a successful 1998 with Mrs.
Humphrey's leadership as Chairman. He stated that the first
order of business would be the election of Chairman and Vice
Chairman.
Mrs. Humphrey nominated Mr. Daniel to serve as Chairman for
1999 in honor of the County's 250th Anniversary and Mr.
Daniel's tenure on the Board.
Mr. Warren seconded the nomination made by Mrs. Humphrey for
Mr. Daniel to serve as Chairman for 1999.
On motion of Mr. McHale, seconded by Mr. Barber, nominations
for the election of Chairman of the Board of Supervisors were
closed.
Mr. McHale : Aye.
Mrs. Humphrey: Aye.
Mr. Barber : Aye.
Mr. Warren : Aye.
Mr. Daniel : Aye.
The vote on election of Mr. Daniel to serve as Chairman of the
Board of Supervisors for 1999 was as follows:
Mr. McHale : Aye.
Mrs. Humphrey: Aye.
Mr. Barber : Aye.
Mr. Warren : Aye.
Mr. Daniel : Aye.
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Mr. Daniel was elected as Chairman.
Mr. Ramsey congratulated Mr. Daniel on being elected as
Chairman for 1999.
Mr. Daniel expressed appreciation to the Board for their
support. He stated that 1999 will be a year of celebration for
the County's 250th Anniversary and noted that Chesterfield
County has existed as a community for over three hundred and
eighty years. He further stated that the County has been
working on a total quality management approach to delivering
government services in a way that increased customer
satisfaction while reducing costs. He stated that the County
received the Senate Productivity Award in 1995 and currently
has an ACE Award Application which is a measure of continuing
excellence. He further stated that it is the Board's goal to
continuously improve every aspect of County performance. He
stated that the Board will be challenged when adopting the
FY2000 budget to balance the incoming revenue against the
citizen demands for expenditures to meet the level of service
that the citizens expect. He further stated that if Governor
Gilmore's plan is adopted and approved by the General Assembly,
the County will have considerably more money to work with. He
stated that the priorities for the extra funding will be areas
in public education and public safety. He further stated that,
under Governor Gilmore's plan, many services which are now
being funded by the County will be funded by the State and that
the savings will be returned to the taxpayers. He then read
the following statement:
Members of the Board, I~ want to thank you for the moment of
personal privilege.
Approximately twenty years ago, I stood in the old Supervisors
Meeting Room with members of my family, friends, and supporters
to announce my candidacy for the Chesterfield County Board of
Supervisors, representing the voters of Dale District. I am
making the announcement today that I will not seek a sixth
term. This will allow sufficient time for the voters from my
district and my party to prepare for the November 1999
elections and to pick a candidate to represent them on our
governing body for the next four years.
The agenda for the late 70's was very simple:
1) Support high standards
overcrowding at our school sites;
of education and remove
2) Work for better roads--the
transportation in Chesterfield;
primary method of
3) Begin managing growth with sound planning and zoning
policies;
4) Develop sound managerial policies designed to reduce
cost for administrating government services;
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5) Improve our County's position to compete for high
quality Economic Development; and
6) Identify methods to improve our libraries and parks.
(Not a bad agenda for the present)
Little did I know that day would be the first step of a journey
that would lead to public service far beyond my expectations.
Five terms on the Board of Supervisors and six times your
Chairman; past Chairman of the Richmond Regional Planning
Commission; past Chairman of the Metropolitan Transportation
Organization; past Chairman of tlhe Richmond International
Airport Commission; past Chairman c.f the Economic Development
Council; past Chairman of the Greater Richmond Economic
Development Partnership; and a past President of the Virginia
Association of Counties.
The best way to assess the past twenty years is, "Our County
has constantly changed." Chesterfield County's population has
increased from 139,000 to over 254,000; school age population
has increased from 31,000 to over 50,000 students; school
funding has increased from $51 million to $321 million; and the
County budget for all taxpayers has increased from $90 million
to $625 million. As our financial stress grew, we were able
to manage debts from a simple UA" bond rating to "AAA" by three
separate agencies.
In the past twenty years, Chesterfield County has built
nineteen new schools and renovated numerous others. Voters of
Chesterfield County took it upon themselves to build and
finance roads that were not on the planning map, such as Route
288 and Powhite Extension.
Chippenham Parkway and Route 10 were two-lane roads at the
time, along with many of our primary and secondary roads.
Economic Development in the County was nothing more than
selling lots in the Industrial Park. Planning and Zoning
designed to meet high quality standards has improved with
encouragement of more citizen participation, and costs of
governmental services for all citizens have been reduced
through improved management. This was accomplished by
utilizing proven methods of customer service and Total Quality
Management. This effort resulted in Chesterfield County's
recognition as a winner of the U.S. Senate Productivity and
Quality Award in 1995--the combined effect of our meeting
citizen demands, at relatively low tax rates, which has
resulted in improving bond ratings from "A" to "AAA."
I have witnessed Chesterfield County become a regional leader.
We accomplished this by taking the initiative on projects such
as the Diamond, Richmond International Airport, the new
Convention Center, Regional Tourism, Regional Economic
Development Partnership, and the iist goes on from there.
Chesterfield County has always practiced the doctrine of
teamwork, whether it be with legislative activities with our
neighbors or by partnering with the private sector.
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Changes have extended far beyond numbers and dollars. The most
significant change in our County took place during the election
of 1986 when the voters of Chesterfield County approved a
charter form of government. This is a living charter, defining
levels of responsibility, accountability, streamlining
government, and organizationally placing departments in their
proper chain of command. Accountability and flexibility are
clearly defined.
The charter was never designed to be a substitute for State
Code, but to serve as a method by which our County could deal
with relevant issues for our future. My charge today is that
we protect the charter at all times, and amend it only when it
may improve service to citizens and to use the flexibility for
which the charter is designed.
Over the years, I have had the opportunity to serve with many
officials and elected officers: fifteen members of the Board of
Supervisors; three County Administrators; six Governors;
numerous members of the Virginia Senate and House of Delegates;
and two Presidents, along with U.S. Senators and Congressmen,
and many regional political and business leaders.
I want to thank the many friends, supporters, employees of
Chesterfield County, and employees from Philip Morris who have
stood with me over the years. But, special thanks go to my
wife of 37 years. Pat has given her support, encouraged me,
and has picked me up when I have fallen flat on my face.
As elected officials, we are often asked what we like about our
job and what we don't like. Recently I was asked, did I ~'have
any regrets for giving so much time to an elected job?" In a
quick haste, I said, ~'No regrets." Time has allowed me to
reflect on that question and I do have one regret. I regret
that three people who were with me at the beginning of this
journey are not with us to see the race completed.
My father and mother, <Lovelist and Thelma Daniel) and son,
(Harry Jr.). If you are looking down today, I would pray that
your assessment of the past twenty years would be very simple:
He loved his County, he always represented the voters who put
him in office. And, he gave his best effort.
God bless you all and God bless this County.
A standing ovation followed.
Mrs. Humphrey made a motion, seconded by Mr. McHale,
nominate Mr. Warren to serve as Vice Chairman for 1999.
to
On motion of Mr. McHale, seconded by Mr. Barber, the
nominations for election of Vice Chairman of the Board of
Supervisors were closed.
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The vote on election of Mr. Warren to serve as Vice Chairman of
the Board of Supervisors for 1999 was as follows:
Mr. McHale : Aye.
Mr. Humphrey : Aye.
Mrs. Barber : Aye.
Mr. Warren : Aye.
Mr. Daniel : Aye.
1.B. CONSIDERATION OF BOARD APPOINTMENTS
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
suspended its rules at this time to allow simultaneous
nomination/appointment/reappointment of members to serve on the
Tri-Cities Area Metropolitan Planning Organization; the
Metropolitan Richmond Convention & Visitors Bureau; the Capital
Area Training Consortium; the Carpenter Center Board of
Directors; and the Maymont Foundation.
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
O TRI-CITIES AREA METROPOLITAN PLA~ING ORGANIZATION
On motion of Mr. McHale, seconded by Mr. Warren, the Board
simultaneously nominated/reappointed Mrs. Renny B. Humphrey to
serve on the Tri-Cities Area Metropolitan Planning Organization
whose term is effective immediately and will expire December
31, 1999.
Ayes: Daniel, Warren, Barber, McHale, and Humphrey.
Nays: None.
O METROPOLITAN RICHMOND CONVENTION & VISITORS BUREAU (MRC&VB)
On motion of Mr. McHale, seconded by Mr. Warren, the Board
simultaneously nominated/reappointed Mrs. Renny B. Humphrey to
serve on the Metropolitan Richmond Convention & Visitors Bureau
(MRC&VB) whose term is effective immediately and will expire
December 31, 1999.
Ayes: Daniel, Warren, Barber, McHale, and Humphrey.
Nays: None.
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O CAPITAL AREA TRAINING CONSORTIUM
On motion of Mr. McHale, seconded by Mr. Warren, the Board
simultaneously nominated/reappointed Mr. Bradford Hammer to
serve on the Capital Area Training Consortium whose term is at
the pleasure of the Board.
Ayes: Daniel, Warren, Barber, McHale, and Humphrey.
Nays: None.
O CARPENTER CENTER BOARD OF DIRECTORS
On motion of Mr. McHale, seconded by Mr. Warren, the Board
simultaneously nominated/reappointed Mr. J. L. McHale, III to
serve on the Carpenter Center Board of Directors whose term is
effective immediately and will expire December 31, 1998.
Ayes: Daniel, Warren, Barber, McHale, and Humphrey.
Nays: None.
o MAYMONT FOUNDATION
On motion of Mr. McHale, seconded by Mr. Warren, the Board
simultaneously nominated/reappointed Mr. Harry G. Daniel to
serve on the Maymont Foundation whose term is effective
immediately and will expire December 31, 1998.
Ayes: Daniel, Warren, Barber, McHale, and Humphrey.
Nays: None.
Mr. Daniel confirmed the following committee appointments:
O BUDGET AND AUDIT COMMITTEE
Mr. McHale and Mr. Daniel (Unspecified Term)
O COUNTY EMPLOYEE BENEFITS COMMITTEE
Mr. Barber and Mrs. Humphrey (Unspecified Term)
o COUNTY OFFICE SPACE NEEDS, COURTS SPACE, AND FAMILY COURTS
COMMITTEE
Mr. Barber and Mr. McHale (Unspecified Term)
O SCHOOL BOARD LIAISON COMMITTEE
Mr. Daniel and Mr. Warren (Unspecified Term)
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O SOLID WASTE ADVISORY COMMITTEE
Mrs. Humphrey
(Term would be a one year term beginning January 1, 1999 and
expiring December 31, 1999)
1.C. ADOPTION OF MEETING PROCEDURES GOVERNING BOARD OF
SUPERVISORS
Mr. Micas stated that each year the Board of Supervisors adopts
procedures governing meetings at the organizational meeting in
January. He further stated that the General Assembly changed
the law that now allows the Chairman to call special meetings
in addition to two members of the Board and the change is
reflected in the 1999 Meeting Procedures.
On motion of Mr. McHale, seconded by Mr. Barber, the Board
adopted the Meeting Procedures Governing the Board of
Supervisors Meetings for 1999, as amended. (It is noted a copy
of the 1999 Procedures of the Board of Supervisors is filed
with the papers of this Board.)
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
I.D. SETTING OF REGULAR MEETING DATES FOR 1999
After brief discussion, on motion ,Df Mr. McHale, seconded by
Mr. Barber, the Board adopted the recommended regular and
special meeting date schedule for 1999, as follows:
January 13, 1999 at 4:00 p.m.
January 27, 1999 at 4:00 p.m.
February 10, 1999 at 4:00 p.m.
February 24, 1999 at 4:00 p.m.
March 10, 1999 at 4:00 p.m.
March 24, 1999 at 4:00 p.m.
April 14, 1999 at 4:00 p.m.
April 28, 1999 at 4:00 p.m.
May 26, 1999 at 4:00 p.m.
June 23, 1999 at 4:00 p.m.
July 28, 1999 at 4:00 p.m.
August 25, 1999 at 4:00 p.m.
September 8, 1999 at 4:00 p.m.*
September 22, 1999 at 4:00 p.m.
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October 13, 1999 at 4:00 p.m.
October 27, 1999 at 4:00 p.m.
November 10, 1999 at 4:00 p.m.
November 23, 1999 at 4:00 p.m.**
December 15, 1999 at 4:00 p.m.***
Special Meeting Dates for 1999
Budget Public Hearing - March 24, 1999 at 7:00 p.m. (Lloyd C.
Bird High School)
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
* The number of meetings in September will be decided in
August based on agenda items that need to be considered.
** Due to the Thanksgiving Holiday
*** Third Wednesday (to allow time to advertise zoning cases)
2. APPROVAL OF MINUTES
2.A. NOVEMBER 13, 1998 (REGIONAL SUMMIT)
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
approved the minutes of November 13, 1998, as submitted.
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
Mrs. Humphrey expressed appreciation to the Board members for
their attendance at the Regional Summit. She noted that
Chesterfield was the only locality that had all of its elected
officials in attendance which is an indication of our
commitment to regional issues.
2.B. DECEMBER 16, 1998
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved the minutes of December 16, 1998, as submitted.
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
COUNTY ADMINISTRATOR'S COMMENTS
Mr. Ramsey stated that Christmas of 1998 will long be
remembered for the ice storm. He further stated that
early on December 24, 1998 it became evident that there
would be a major power outage for an extended period of
time in the County and, at that point, the Emergency
Operations Plan and the process of issuing a local state
of emergency was implemented. He stated that the
Emergency Operations Plan depends upon many components and
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the fact that the ice storm occurred on a major holiday
was only one of the difficulties encountered. He further
stated that there were 66,000 residences without
electricity at some point during the ice storm and many
residents were without water and telephone service. He
stated that the real heroes of the situation were the
County citizens who took care of themselves and looked
after others in need. He commended businesses, church
communities and County governmental organizations for
their support during the ice storm. He stated that
Virginia Power had a tremendous responsibility to deal
with in the County and other parts of the State and were
responsive to the County's needs. He further stated that
many County employees gave up their Christmas holiday with
their families to respond to tlhe emergency situation. He
then introduced Ms. Lynda Furr Price, Emergency Operations
Center Coordinator.
Ms. Price stated that the ice storm began on the afternoon
of December 23, 1998 and that the Emergency Operations
Center (EOC) was activated on a reduced activation at 6:30
p.m. on December 24, 1998. She further stated that calls
to the Emergency Operations Center included requests for
shelter; blocked roads; medical needs; and requests for
water. She stated that, through the EOC, the shelter was
opened in the Wagner Building; the Utilities, Fire, and
Police Departments and the Virginia Department of
Transportation (VDOT) began moving trees and electrical
wires to open roads; and that a local emergency was
declared on December 25, 1998. She further stated that
the situation was monitored by the BOC for the next two
days; the shelter was deactivated on December 27, 1998;
and the EOC was deactivated c.n December 28, 1998. She
stated that, as a result of the ice storm, approximately
66,000 households in the County were without power; one
death was possibly attributed to the storm; a local
emergency was declared; preliminary cost estimates to the
County are over $225,000; County departments and
facilities depended on over forty generators to remain in
operation; and the State Disaster Fund has now been
activated. She then introduced Chief Steve Elswick to
give an overview of the Fire Department's efforts during
the ice storm.
Chief Elswick expressed appreciation to the Board for the
resources that allow the Fire Department to operate
effectively. He stated that the Department experienced
extremely dangerous working conditions for its personnel
including automobile accidents; citizen accidents/
injuries; and structural fires. He further stated that
the Fire Department responded to many road clearing and
medical calls. He commended, the Fire Department for
having no personnel injuries in spite of the dangerous
working conditions. He stated that the Department
responded to over 1,156 calls during the four and one-half
day period and that, on December 24, 1998, the Fire
Department's B-shift responded to 464 calls, which is 400
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calls above the normal average. He expressed appreciation
to the career, volunteer and support staff personnel for
their dedication and support during the emergency and
stated that there were ten working fires during the four
and one-half days with no civilian injuries. He further
stated that the Fire Department assisted in staffing the
EOC and placed an ambulance in service for the needs of
the citizens at the shelter. He complimented the officers
for making excellent decisions in managing the storm and
keeping the Board members informed of the situation.
Ms. Price then introduced Lieutenant Colonel Dennis
McDonald to give an overview of the Police Department's
efforts during the ice storm.
Lieutenant Colonel McDonald expressed appreciation for the
support received from County departments and citizens. He
stated that during the four day period, 2,088 calls for
service were responded to with the assistance of double
shifts by the uniformed patrol officers. He further
stated that staffing levels are not reduced on holidays.
He stated that one of the officers was injured early in
the storm while assisting a motorist and commended the
Fire Department for their outstanding performance during
this situation. He stated that there were no fatalities
as a result of the 146 motor vehicle accidents. He
further stated that the Emergency Communications Center
handled over 9,000 telephone calls requesting assistance
and that an average of 140 calls per hour were received on
December 24, 1998. He commended the employees of the
Emergency Communications Center and members of the Police
Department for their response to the ice storm.
Ms. Price then introduced Mr. Craig Bryant to give an
overview of the Utilities Department's efforts during the
ice storm.
Mr. Bryant stated that power was lost at twenty-nine
Utilities Department facilities as well as the ability to
remotely monitor and control the water distribution system
facilities from the Swift Creek Water Plant and the
ability to monitor the operation of wastewater pumping
stations from the Falling Creek Wastewater Treatment
Plant. He further stated that, on December 24, 1998, the
Utilities Department initiated its Emergency Operations
Plan to manually operate the water and wastewater systems.
He stated that fourteen employees put in over six hundred
hours from December 24, 1998 until December 27, 1998 to
insure that the facilities operated properly and noted
that, as a result of their efforts, none of the Utilities
Department customers experienced any interruption in
service related to the storm. He stated that power for~
the last facility was restored on December 28, 1998. He
commended the efforts of the Utilities Department
employees and stated that six employees volunteered from
10 p.m. on Christmas Eve until 5 a.m. on Christmas Day
helping clear roads.
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Ms. Price then introduced Mr. Fran Pitaro to give an
overview of the Department of General Services' efforts
towards the ice storm.
Mr. Pitaro stated that the fee was waived for citizens
bringing debris to County transfer stations and presented
an overview of debris activity at transfer stations from
December 28, 1998 until January 12, 1999. He stated that
a program has been developed to pick up vegetative debris
from citizens who are unable to remove storm debris. He
further stated that the debris pick up program will begin
on January 26, 1999.
Ms. Price then introduced Ms. Sarah Snead to give an
overview of the efforts of the Social Services and Health
Departments during the ice storm.
Ms. Snead stated that an emergency shelter was activated
on December 24, 1998 at the Wagner Building and was
relocated to Manchester Middle School on December 25, 1998
due to increased demand for services. She further stated
that the services provided at the shelter included nursing
services, overnight shelter, hot meals and beverages, and
shower facilities. She stated that shelter partners
included the Health, Police and Social Services
Departments and the County Public Schools. She commended
the staff members involved in the efforts of the shelter
and stated that the Fire Department was instrumental in
providing necessary resources and an ambulance for the
shelter's needs. She requested that the Board recognize
businesses and community organizations who assisted during
the ice storm and commended t[hem for their efforts. She
introduced representatives from businesses and community
organizations.
On motion of the Board, the following resolution was
adopted:
WHEREAS, December 23, 1998 saw the beginning of a
major ice storm spreading across the Commonwealth of
Virginia; and
WHEREAS, many residents of Chesterfield
themselves without electricity; and
found
WHEREAS, the Department of Social Services is
responsible for the opening and operation of emergency
shelters; and
WHEREAS, Social Services relies on the concern and
cooperation of the community to fulfill its mandate; and
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WHEREAS, the efforts of Central Baptist Church;
Defense Supply Center Richmond; Southminster Presbyterian
Church; Saint Augustine's Catholic Church; Saint Barnabas
Episcopal Church; Tomahawk Baptist Church; and Ukrops
Corporation stood out in offering expressions through
donations of time and materials; and
WHEREAS, invaluable aid was provided to the staff of
the Department of Social Services and kind expressions of
good will were rendered to those citizens in need.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes Central
Baptist Church; Defense Supply Center Richmond;
Southminster Presbyterian Church; Saint Augustine's
Catholic Church; Saint Barnabas Episcopal Church; Tomahawk
Baptist Church; and Ukrops Corporation and expresses its
heartfelt appreciation to these organizations and the
churches and their members for participating in a true
"Spirit of Christmas" endeavor.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to these organizations and
churches and that this resolution be permanently recorded
among the papers of this Board of Supervisors of
Chesterfield County, Virginia.
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
Mr. Daniel presented the executed resolutions to
representatives from Central Baptist Church, Defense
Supply Center Richmond, Southminster Presbyterian Church,
Saint Augustine's Catholic Church, Saint Barnabas
Episcopal Church, Tomahawk Baptist Church and Ukrops
Corporation and expressed appreciation for their efforts
during the ice storm.
Ms. Price stated that a number of individual employees
will receive a certificate of appreciation for their
efforts during the ice storm. She then introduced
employees from various County Departments who were present
at the meeting to receive Certificates of Appreciation on
behalf of their Departments.
Mr. Ramsey presented Certificates of Appreciation to
employees from the following Departments for their efforts
towards the ice storm: Emergency Operations Center
Response Team; Police Department; Fire Department;
Utilities Department; Emergency Communications Center;
Health Department; Parks and Recreation; General Services;
Social Services; Public Affairs; Risk Management;
Chesterfield County Public Schools; Information Systems
Technology; and Extension Service.
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Mr. Daniel expressed appreciation to the press for
informing citizens regarding opportunities to help during
the emergency situation. He requested that staff take
advantage of submitting VACo Award applications for the
opportunities initiated by the ice storm.
Mr. Ramsey introduced Ms. Pat Revere,
Mother.
1998 Christmas
Ms. Revere expressed appreciation to the Board for its
financial support and for proclaiming a Christmas Mother
Day and to administrators of the County for encouraging
employees to participate in the Christmas Mother Program.
She also expressed appreciation to numerous County
Departments and to Chesterfield County Schools for their
support of the Christmas Mother Program over the years.
Mr. Daniel expressed appreciation to Ms. Revere for the
efforts of the Christmas Mother Committee and stated that
it is a County tradition to help unfortunate people during
the Holiday season.
When asked, Ms. Revere stated[ that over 1,300 families
and 4,000 individuals were assisted by the Program.
Mr. McHale recognized several members of the Christmas
Mother Committee present at the meeting.
4. BOARD COMMITTEE REPORTS
There were no Board Committee Reports at this time.
REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE
ORDER OF PRESENTATION
On motion of Mr. McHale, seconded by Mr. Barber, the Board
changed Item 9.C.6. to read Transfer of Streetlight Funds from
Midlothian District Streetlight Fund to Install an Irrigation
System on Five Baseball/Softball Fields at Robious Complex;
added Item 9.C.14., Adoption of Resolution Recognizing the
175th Anniversary of the Sisters of Bon Secours; added Item
9.C.15., Set Date for Public ]Hearing to Consider the
Appropriation of Funds for Advance Refunding of General
Obligation Bonds and Adoption of Resolution for the Advance
Refunding; added Item 9.C.16., Transfer of Three Cent Road
Funds From Each of the Five MagJ_sterial Districts to the
Chesterfield Juvenile and Domestic Relations Court Citizens
Advisory Council to Support Educational Programs and, adopted
the Agenda, as amended.
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
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6. RESOLUTIONS AND SPECIAL RECOGNITIONS
0 RECOGNIZING DEPUTY ALBERT C. "ACE" ELLINGTON, SHERIFF'S
DEPARTMENT, UPON HIS RETIREMENT
Sheriff Williams introduced Mr. Albert C. "Ace" Ellington who
was present to accept the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mr. Albert C. Ellington, III began his public
service with Chesterfield County as a Deputy on January 16,
1979, and has faithfully served the County for twenty years;
and
WHEREAS, through hard work and dedication, Mr. Ellington
held several positions in the Department; and
WHEREAS, Mr. Ellington has developed and maintained
excellent professional relations with the general public,
attorneys, inmates and all others who have business in the
courts; and
WHEREAS, Mr. Ellington has a well established reputation
for getting the job done and was always the first to volunteer
for extra duty assignments; and
WHEREAS, Mr. Ellington has demonstrated his loyalty to
Chesterfield County through his dedication and caring attitude.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes Mr. Albert C.
Ellington, III for his outstanding contributions to the County,
expresses the appreciation of all residents for his dedicated
service to the County, and extends their congratulations upon
his retirement, and their best wishes for a long and happy
retirement.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Mr. Ellington and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
Mr. Daniel presented the executed resolution to Mr. Ellington,
expressed appreciation for his dedicated service to the County,
and wished him well in his retirement.
Sheriff Williams recognized approximately twenty members of the
Sheriff's Department who were present at the meeting.
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1/13/99
Mr. Ellington, accompanied by several members of the Sheriff's
Department, stated that it has been an honor to work for the
Department and expressed apprecialzion to the Board for the
recognition.
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. APPOINTMENTS
On motion of Hr. McHale, seconded by Mr. Barber, the Board
suspended its rules at this time to allow simultaneous
nomination/appointment/reappointment of members to serve on the
Disability Services Board and the Community Services Board.
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
9.A.1. DISABILITY SERVICES BOARD
On motion of Mr. Barber, seconded by Mr. McHale, the Board
simultaneously nominated/reappointed Mr. Michael Tubb,
representing the Midlothian District, to serve on the
Disability Services Board, whose term is effective immediately
and will expire on December 31, 2000.
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
9.A.2. COMMUNITY SERVICES BOARD
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
simultaneously nominated/appointed Mir. Larry Ogle and Mrs. Mary
Beth McNew, representing the County at-large, to serve on the
Community Services Board, whose terms are effective immediately
and will expire December 31, 2001.
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
99-16
9.B. STREETLIGHT INSTALLATION COST APPROVALS
After brief discussion, on motion of Mrs. Humphrey, seconded by
Mr. McHale, the Board approved the following streetlight
installation cost approval:
Matoaca District
* Halls Run Road, dead end near Courthouse Road
Cost to install light: $528.00
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
9.C. CONSENT ITEMS
9.C.1.
ADOPTION OF RESOLUTION CONFIRMING PROCEEDINGS OF THE
CHESTERFIELD INDUSTRIAL DEVELOPMENT AUTHORITY FOR
FINANCING OF INDUSTRIAL REVENUE BONDS FOR ALLIEDSIGNAL
INCORPORATED
On motion of Mr. McHale, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, the Industrial Development Authority of the
County of Chesterfield ("the "Authority") has considered the
application of AlliedSignal Incorporated (the "Applicant"), for
the issuance of the Authority's revenue bonds in an amount not
to exceed $2,500,000 (the "Bonds") to finance the acquisition
and installation of certain solid waste disposal facilities
(the "Project") for the Applicant located at 4101 Bermuda
Hundred Road, in Chesterfield County, Virginia, and held an
initial public hearing thereon on July 17, 1997; and
WHEREAS, the Board of Supervisors (the "Board") of
Chesterfield County, Virginia (the "County"), unanimously
approved the issuance of the Bonds on August 27, 1997, in
compliance with Section 147(f) of the Internal Revenue Code of
1986, as amended (the ~Code"); and
WHEREAS, Section 147(f) of the Code requires that the
Bonds be issued within one year of the Board's approval, and if
not issued, a new approval must be obtained; and
WHEREAS, Section 146 of the Code requires that the Bonds
be allocated a portion of the Commonwealth of Virginia's
private activity bond volume cap allocation was not made by the
Virginia Small Business financing Authority, as administrator
of the Commonwealth of Virginia volume cap, until October 23,
1998; and
WHEREAS, the Board's approval of the issuance of the Bonds
by the Authority in compliance with Section 147(f) of the Code
has lapsed in accordance with the provisions of such section,
and the Authority has held a new public hearing with'respect to
99-17
1/13/99
the issuance of the Bonds on December 11, 1998, and has
requested the Board to renew its approval of the issuance of
the Bonds in compliance with Section 147(f) of the Code; and
WHEREAS, a copy of the Authority's resolution (the
"Resolution") of December 11, 1998, approving the issuance of
the Bonds, subject to terms to be agreed upon, a record of the
public hearing held on such date and a '~fiscal impact
statement" with respect to the Project have been filed with the
Board.
NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF SUPERVISORS
OF CHESTERFIELD COUNTY, VIRGINIA:
1. The Board hereby approves the issuance of the Bonds by
the Authority for the benefit of the Applicant to the extent
required by Section 147(f) of the Code, to permit the Authority
to assist in the financing of the Project.
2. Approval of the issuance of the Bonds, as required by
Section 147(f) of the Code, does not constitute an endorsement
of the Bonds or the creditworthiness of the Applicant, but, as
required by Section 15.1-1380 of the Code of Virginia of 1950,
as amended, the Bonds shall provide that neither the County nor
the Authority shall be obligated to pay the Bonds or the
interest thereon or other costs incident thereto except from
the revenues and moneys pledged therefor, and neither the faith
or credit nor the taxing power of the Commonwealth, the County
nor the Authority shall be pledged thereto.
3. This resolution shall take effect immediately upon its
adoption.
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
9.C.2. APPROVAL OF NEW SCHOOL BOARD GRANT
On motion of Mr. McHale, seconded by Mr. Barber, the Board
increased the Instruction appropriation category in the FY99
School Grants Fund by $56,335 and accepted a State Collaborate,
Create and Communicate Grant, which will provide for training
of selected high school lead teachers in core disciplines as
well as technology coordinators on Office 97 and Lotus Notes
software. (It is noted that no local funds are involved.)
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
99-18
9 .C.3.
AUTHORIZATION FOR COUNTY ADMINISTRATOR TO EXECUTE THE
SECOND ADDENDUMOF A SPECIAL PROJECT SERVICE AGREEMENT
WITH THE CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY
FOR MUNICIPAL SOLID WASTE TRANSFER AND DISPOSAL
SERVICE
On motion of Mr. McHale, seconded by Mr. Barber, the Board
authorized the County Administrator to execute the Second
Addendum of a Special Project Service Agreement with Central
Virginia Waste Management Authority for municipal solid waste
transfer and disposal service, subject to approval by the
County Attorney.
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
9 .C.4.
AUTHORIZATION FOR C0UNTYADMINISTRATOR TO ENTER INT0 A
SPECIAL PROJECT SERVICE AGREEMENT WITH THE CENTRAL
VIRGINIA WASTE MANAGEMENT AUTHORITY FOR RESIDENTIAL
RECYCLING SERVICES
On motion of Mr. McHale, seconded by Mr. Barber, the Board
authorized the County Administrator to enter into a Special
Project Service Agreement with the Central Virginia Waste
Management Authority for residential recycling services.
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
9.C.5.
DONATION OF FUNDS TO THE CHESTER AND CAMP THUNDERBIRD
YMCA' S
On motion of Mr. McHale, seconded by Mr. Barber, the Board
donated $8,012 to the Chester YMCA and $3,513 to the Camp
Thunderbird YMCA and authorized the transfer of $11,525 from
the Non-Departmental Appropriation.
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
9.C.6.
TRANSFER OF STREETLIGHT FUNDS FROM MIDLOTHIAN
DISTRICT STREETLIGHT FUND TO INSTALL AN IRRIGATION
SYSTEM ON FIVE BASEBALL/SOFTBALL FIELDS AT ROBIOUS
COMPLEX
On motion of Mr. McHale, seconded by Mr. Barber, the Board
transferred $7,000 from the Midlothian District Streetlight
Fund to the Parks and Recreation Department for installing an
irrigation system on five baseball/softball fields at the
Robious Complex.
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
99-19
1/ 3/99
9 .C.7.
ABANDONMENT ~.ND ADDITIONS OF CHESTERFIELD COUNTY BUS
LOOPS
This day the County Environmental Engineer, in accordance with
directions from this Board, made report in writing upon his
examination of school bus loops in Chesterfield County, and
Whereas, Salem Church Elementary School and Salem Church Middle
School, both public schools, are situated on State Route 642
and are served by a roadway that provides access for school bus
traffic, as depicted on the sketch attached, and
Whereas, a new road serving the same citizens has been
constructed to improve school bus service to both schools,
Whereas, construction of the road is complete, was financed by
sources other than those administered by the Virginia
Department of Transportation, and meets standards deemed
appropriate by the Department of Transportation for the traffic
anticipated,
Whereas, the Chesterfield County School Board and this Board
hereby guarantee a variable right of way of 65 to 120 feet and
additional drainage and slope easements as necessary for
maintenance of the road,
Therefore, upon consideration whereof, and on motion of Mr.
McHale, seconded by Mr. Barber, it is resolved that the Salem
Church Elementary/Middle School bus loop be and it hereby is
established as a public road.
And be it further resolved, that the Virginia Department of
Transportation, be and is hereby requested to take into the
Secondary System, pursuant to Section 33.1-68, Code of
Virginia, 1950, as amended, the following school bus loop:
Name of Street: Salem Church Elementary/Middle School
Length: 0.22 mile
From: Salem Church Road, State Route 642, at Antas Lane, State
Route 1901
To: Salem Church Road, State Route 642, at Antas Lane, State
Route 1901
Variable Right-of-Way Width: 65 to 120 feet.
Plat Recorded Date: N/A Deed Book: N/A Page: N/A
Be it further resolved, this Board hereby agrees to reimburse
VDOT any costs that the Department incurs to correct defects in
the road, supporting fills, and drainage due to defective
workmanship or materials that occur within the first year
following the acceptance of the road as part of the secondary
system of state highways.
99-20
1/13/9
Be it further resolved, that a certified copy of this
resolution be forwarded to the Resident Engineer of the
Virginia Department of Transportation.
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
This day the County Environmental Engineer, in accordance with
directions from this Board, made report in writing upon his
examination of school bus loops in Chesterfield County, and
Whereas, the roads describe below, as depicted on the attached
sketches, provide access to a public school.
Whereas, construction of the roads is complete, was financed by
sources other than those administered by the Virginia
Department of Transportation, and meets standards deemed
appropriate by the Department of Transportation for the traffic
anticipated,
Whereas, the Chesterfield County School Board and this Board
hereby guarantee the rights of way as shown below and
additional drainage and slope easements as necessary for
maintenance of the road,
Therefore, upon consideration whereof, and on motion of Mr.
McHale, seconded by Mr. Barber, it is resolved that the bus
loops, requested below and depicted on the attached sketches,
be and they hereby are established as public roads.
And be it further resolved, that the Virginia Department of
Transportation, be and is hereby requested to take into the
Secondary System, pursuant to Section 33.1-68, Code of
Virginia, 1950, as amended, the following school bus loops:
Name of Street: Alberta Smith Elementary Sch~e~gth: 0.19 mile
From: Deer Run Drive, State Route 4700, 0.11 mile west of
Bailey Bridge Road, State Route 654
To: Deer Run Drive, State Route 4700, 0.11 mile west of
Bailey Bridge Road, State Route 654, via loop
Guaranteed Right-of-Way Width: 30 feet.
Plat Recorded Date: N/A Deed Book: N/A Page: N/A
Name of Street: C. C. Wells Elementary School
Length: 0.10 mile
From: S. Chester Road, State Route 616, 0.01 mile south of
Milsmith Road, State Route 1556
To: S. Chester Road, State Route 616, 0.01 mile south of
Milsmith Road, State Route 1556, via loop
Guaranteed Right-of-Way Width: 30 feet.
Plat Recorded Date: N/A Deed Book: N/A Page: N/A
Name of Street: Clover Hill Elementary School
Length: 0.17 mile
From: Woodlake Village Parkway, State Route 3600, 0.11 mile
east of Moss Creek Road, State Route 3631
1/13/99
99-21
To: Woodlake Village Parkway, State Route 3600, 0.17 mile
north, via loop
Guaranteed Right-of-Way Width: 30 feet.
Plat Recorded Date: N/A Deed Book: N/A Page: N/A
Name of Street: Ecoff Elementary School Length: 0.10 mile
From: Ecoff Avenue, State Route 1502, 0.40 mile east of
Ivywood Road, State Route 1657
To: Ecoff Avenue, State Route 1502, 0.10 mile north, via
loop
Guaranteed Right-of-Way Width: 30 feet.
Plat Recorded Date: N/A Deed Book: N/A Page: N/A
Name of Street: James River High School Length: 0.23 mile
From: James River Road, State Route 3387, 0.54 mile northeast
of Robious Road, State Route 711
To: James River Road, State Route 3387, 0.23 mile southwest,
via loop
Guaranteed Right-of-Way Width: 30 feet.
Plat Recorded Date: N/A Deed Book: N/A Page: N/A
Name of Street: Marguerite Christian Elementary School
Length: 0.23 mile
From: Woods Edge Road, State Route 628, 0.13 mile northeast of
Southcreek Drive, State Route 4016
To: Woods Edge Road, State Route 628, 0.13 mile northeast of
Southcreek Drive, State Route 4016, via loop
Variable Right-of-Way Width: 30 to 60 feet.
Plat Recorded Date: N/A Deed Book: N/A Page: N/A
Name of Street: Matoaca Middle School Length: 0.14 mile
From: Halloway Avenue, State Route 722, 0.10 mile south of
Glenlivet Drive, State Route 3140
To: Halloway Avenue, State Route 722, 0.17 mile south of
Glenlivet Drive, State Route 3140, via loop
Guaranteed Right-of-Way Width: 30 feet.
Plat Recorded Date: N/A Deed Book: N/A Page: N/A
Name of Street: Providence Elementary School
Length: 0.21 mile
From: W. Providence Road, State Route 678, 0.13 mile east of
Providence Creek Road, State Route 4685
To: W. Providence Road, State Route 678, 0.21 mile
southeast, via loop
Variable Right-of-Way Width: 30 to 70 feet.
Plat Recorded Date: N/A Deed Book: N/A
Page: N/A
Name of Street: Reams Elementary School Length: 0.15 mile
From: Reams Road, State Route 647, 0.04 mile west of Mistywood
Road, State Route 1835
To: Reams Road, State Route 647, 0.04 mile west of Mistywood
Road, State Route 1835
Guaranteed Right-of-Way Width: 50 feet.
Plat Recorded Date: N/A Deed Book: N/A Page: N/A
99-22
1/ 3/99
Name of Street: Robious Elementary School Length: 0.19 mile
From: Robious Crossing Drive, State Route 832, at intersection
with Summerhurst Drive, State Route 3396
To: Robious Crossing Drive, State Route 832, at intersection
with Summerhurst Drive, State Route 3396
Variable Right-of-Way Width: 40 to 110 feet.
Plat Recorded Date: N/A Deed Book: N/A Page: N/A
Name of Street: Woolridge Elementary School Length: 0.20 mile
From: Timber Bluff Parkway, State Route 4329, 0.10 mile south
of Woolridge Road, State Route 668
To: Timber Bluff Parkway, State Route 4329, 0.10 mile south
of Woolridge Road, State Route 668, via loop
Guaranteed Right-of-Way Width: 30 feet.
Plat Recorded Date: N/A Deed Book: N/A Page: N/A
Be it further resolved, that a certified copy of this
resolution be forwarded to the Resident Engineer of the
Virginia Department of Transportation.
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
9.C,8. STATE ROAD ACCEPTANCE
This day the County Environmental Engineer, in accordance with
directions from this Board, made report in writing upon his
examination of the roads in Birkdale, Section 30, Matoaca
District, and
Whereas, the Resident Engineer for the Virginia Department of
Transportation has advised the Director of Environmental
Engineering, the streets in Birkdale, Section 30, Matoaca
District, meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation, and
Whereas, the County and the Virginia Department of
Transportation have entered into an agreement, recorded in Deed
Book 2453, Page 405, January 21, 1994, for all stormwater
detention/retention facilities in the County.
Therefore, upon consideration whereof, and on motion of Mr.
McHale, seconded by Mr. Barber, it is resolved that the roads
in Birkdale, Section 30, Matoaca District, be and they hereby
are established as public roads.
And be it further resolved, that the Virginia Department of
Transportation, be and is hereby requested to take into the
Secondary System, pursuant to Section 33.1-229, Code of
Virginia, and the Department's Subdivision Street Requirements,
the following:
Name of Street: Ashdale Way Length: 0.10 mile
From: Royal Birkdale Drive, State Route 5021, 0.09 mile north
of Royal Birkdale Parkway, State Route 5020
99-23
1/13/99
To: Cul-de-sac, 0.10 mile northeast of Royal Birkdale Drive,
State Route 5021
Guaranteed Right-of-Way Width: 40 feet.
Name of Street: Ashdale Court Length: 0.03 mile
From: Ashdale Way, 0.06 mile east of Royal Birkdale Drive,
State Route 5021
To: Cul-de-sac, 0.03 mile south of Ashdale Way
Guaranteed Right-of-Way Width: 40 feet.
This request is inclusive of the adjacent slope, sight
distance, clear zone, and designated Virginia Department of
Transportation drainage easements indicated on the development
plat.
These roads serve 21 lots.
This section of Birkdale is recorded as follows:
Section 30, Plat Book 90, Page 77, May 30, 1996.
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
This day the County Environmental Engineer, in accordance with
directions from this Board, made report in writing upon his
examination of the roads in Brandy Oaks, Section 4, Matoaca
District, and
Whereas, the Resident Engineer for the Virginia Department of
Transportation has advised the Director of Environmental
Engineering, the streets in Brandy Oaks, Section 4, Matoaca
District, meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation, and
Whereas, the County and the Virginia Department of
Transportation have entered into an agreement, recorded in Deed
Book 2453, Page 405, January 21, 1994, for all stormwater
detention/retention facilities in the County.
Therefore, upon consideration whereof, and on motion of Mr.
McHale, seconded by Mr. Barber, it is resolved that the roads
in Brandy Oaks, Section 4, Matoaca District, be and they hereby
are established as public roads.
And be it further resolved, that the Virginia Department of
Transportation, be and is hereby requested to take into the
Secondary System, pursuant to Section 33.1-229, Code of
Virginia, and the Department's Subdivision Street Requirements,
the following:
Name of Street: Brandy Oaks Drive Length: 0.24 mile
From: Existing Brandy Oaks Drive, State Route 4323, 0.33 mile
northeast of Beach Road, State Route 655
99-24
1/ 3/99
To: Cul-de-sac, 0.57 mile northeast of Beach Road, State
Route 655
Guaranteed Right-of-Way Width: 50 feet.
Name of Street: Brandy Oaks Road Length: 0.06 mile
From: Brandy Oaks Drive, 0.50 mile northeast of Beach Road,
State Route 655
To: End of section limits, 0.06 mile east of Brandy Oaks
Drive
Guaranteed Right-of-Way Width: 50 feet.
This request is inclusive of the adjacent slope, sight
distance, clear zone, and designated Virginia Department of
Transportation drainage easements indicated on the development
plat.
These roads serve 20 lots.
This section of Brandy Oaks is recorded as follows:
Section 4, Plat Book 94, Page 66, June 27, 1997.
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
This day the County Environmental Engineer, in accordance with
directions from this Board, made report in writing upon his
examination of the road in Dunvegan Woods at The Highlands,
Matoaca District, and
Whereas, the Resident Engineer for the Virginia Department of
Transportation has advised the Director of Environmental
Engineering, the street in Dunvegan Woods at The Highlands,
Matoaca District, meets the requirements established by the
Subdivision Street Requirements of the Virginia Department of
Transportation, and
Whereas, the County and the Virginia Department of
Transportation have entered into an agreement, recorded in Deed
Book 2453, Page 405, January 21, 1994, for all stormwater
detention/retention facilities in the County.
Therefore, upon consideration whereof, and on motion of Mr.
McHale, seconded by Mr. Barber, it is resolved that the road in
Dunvegan Woods at The Highlands, Matoaca District, be and it
hereby is established as a public road.
And be it further resolved, that the Virginia Department of
Transportation, be and is hereby requested to take into the
Secondary System, pursuant to Section 33.1-229, Code of
Virginia, and the Department's Subdivision Street Requirements,
the following:
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1/ 3/99
Name of Street: Dunvegan Court Length: 0.13 mile
From: Applecross Way, 0.06 mile east of Nash Road, State Route
636
To: Cul-de-sac, 0.13 mile north of Applecross Way
Guaranteed Right-of-Way Width: 50 feet.
This request is inclusive of the adjacent slope, sight
distance, clear zone, and designated Virginia Department of
Transportation drainage easements indicated on the development
plat.
These roads serve 24 lots.
This section of Dunvegan Woods at The Highlands is recorded as
follows:
Plat Book 90, Pages 56 through 57, May 10, 1996.
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
This day the County Environmental Engineer, in accordance with
directions from this Board, made report in writing upon his
examination of the roads in Hampton Park, Section 1, Matoaca
District, and
Whereas, the Resident Engineer for the Virginia Department of
Transportation has advised the Director of Environmental
Engineering, the streets in Hampton Park, Section 1, Matoaca
District, meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation, and
Whereas, the County and the Virginia Department of
Transportation have entered into an agreement, recorded in Deed
Book 2453, Page 405, January 21, 1994, for all stormwater
detention/retention facilities in the County.
Therefore, upon consideration whereof, and on motion of Mr.
McHale, seconded by Mr. Barber, it is resolved that the roads
in Hampton Park, Section 1, Matoaca District, be and they
hereby are established as public roads.
And be it further resolved, that the Virginia Department of
Transportation, be and is hereby requested to take into the
Secondary System, pursuant to Section 33.1-229, Code of
Virginia, and the Department's Subdivision Street Requirements,
the following:
Name of Street: Hampton Park Drive Length: 0.50 mile
From: 0.50 mile southwest of Hull Street Road, State Route 360
To: Hull Street Road, State Rou'~e 360, 0.57 mile east of
Otterdale Road, State Route 667
Guaranteed Right-of-Way Width: 90 feet.
Name of Street: Hampton Park Boulevard
Length: 0.29 mile
1/13/99
99-26
From: Hampton Forest Drive, 0.29 mile southeast of Hampton
Park Drive
To: Hampton Park Drive, 0.49 mile southwest of Hull Street
Road, State Route 360
Variable Right-of-Way Width: 45 to 90 feet.
Name of Street: Hampton Park Circle Length: 0.09 mile
From: Hampton Park Boulevard, 0.12 mile south of Hampton Park
Drive
To: Hampton Park Boulevard, 0.14 mile south of Hampton Park
Drive
Guaranteed Right-of-Way Width: 35 feet.
Name of Street: Hampton Summit Lane Length: 0.03 mile
From: End of road, 0.03 mile west of Hampton Park Boulevard
To: Hampton Park Boulevard, 0.20 mile south of Hampton Park
Drive
Guaranteed Right-of-Way Width: 45 feet.
Name of Street: Hampton Forest Drive Length: 0.08 mile
From: Hampton Glen Drive, 0.07 mile southwest of Hampton Park
Boulevard
To: End of road, 0.01 mile northeast of Hampton Park
Boulevard
Guaranteed Right-of-Way Width: 40 feet.
Name of Street: Hampton Glen Drive Length: 0.10 mile
From: End of road, 0.03 mile west of Hampton Forest Drive
To: Cul-de-sac, 0.07 mile east of Hampton Forest Drive
Guaranteed Right-of-Way Width: 40 feet.
This request is inclusive of the adjacent slope, sight
distance, clear zone, and designated Virginia Department of
Transportation drainage easements indicated on the development
plat.
These roads serve 31 lots.
This section of Hampton Park is recorded as follows:
Section 1, Plat Book 93, Pages 64 through 66, March 26, 1997.
Amended Section 1, Plat Book 94, Pages 89 through 91, July 25,
1997.
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
This day the County Environmental Engineer, in accordance with
directions from this Board, made report in writing upon his
examination of the roads in Kintail Forest at The Highlands,
Matoaca District, and
Whereas, the Resident Engineer for the Virginia Department of
Transportation has advised the Director of Environmental
Engineering, the streets in Kintail Forest at The Highlands,
99-27
i/i3/99
Matoaca District, meet the requirements established by the
Subdivision Street Requirements of the Virginia Department of
Transportation, and
Whereas, the County and the Virginia Department of
Transportation have entered into an agreement, recorded in Deed
Book 2453, Page 405, January 21, 1994, for all stormwater
detention/retention facilities in the County.
Therefore, upon consideration whereof, and on motion of Mr.
McHale, seconded by Mr. Barber, it is resolved that the roads
in Kintail Forest at The Highlands, Matoaca District, be and
they hereby are established as public roads.
And be it further resolved, that the Virginia Department of
Transportation, be and is hereby requested to take into the
Secondary System, pursuant to Section 33.1-229, Code ef
Virginia, and the Department's Subdivision Street Requirements,
the following:
Name of Street: Applecross Way Length: 0.56 mile
From: Nash Road, State Route 636, 0.23 mile north of
Woodpecker Road, State Route 626
To: Highland Glen Drive, 0.55 mile south of Seaview Drive,
State Route 5166
Variable Right-of-Way Width: 70 to 100 feet.
Name of Street: Kintail Drive Length: 0.41 mile
From: Highland Glen Drive, 0.30 mile north of Seaview Drive,
State Route 5166
To: Highland Glen Drive, 0.68 mile north of Seaview Drive,
State Route 5166
Guaranteed Right-of-Way Width: 50 feet.
Name of Street: Highland Glen Drive Length: 0.09 mile
From: Existing Highland Glen Drive, State Route 5160, at Glen
Kilchurn Drive, State Route 5180
To: Kintail Drive, 0.09 mile east of Glen Kilchurn Drive,
State Route 5180
Guaranteed Right-of-Way Width: 70 feet.
This request is inclusive of the adjacent slope, sight
distance, clear zone, and designated Virginia Department of
Transportation drainage easements indicated on the development
plat.
These roads serve 24 lots.
This section of Kintail Forest at The Highlands is recorded as
follows:
Plat Book 90, Pages 51 through 55, May 10, 1996.
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
99-28
1/13/99
This day the County Environmental Engineer, in accordance with
directions from this Board, made report in writing upon his
examination of the roads in Sidlaw Hills at The Highlands,
Matoaca District, and
Whereas, the Resident Engineer for the Virginia Department of
Transportation has advised the Director of Environmental
Engineering, the streets in Sidlaw Hills at The Highlands,
Matoaca District, meet the requirements established by the
Subdivision Street Requirements of the Virginia Department of
Transportation, and
Whereas, the County and the Virginia Department of
Transportation have entered into an agreement, recorded in Deed
Book 2453, Page 405, January 21, 1994, for all stormwater
detention/retention facilities in the County.
Therefore, upon consideration whereof, and on motion of Mr.
McHale, seconded by Mr. Barber, it is resolved that the roads
in Sidlaw Hills at The Highlands, Matoaca District, be and they
hereby are established as public roads.
And be it further resolved, that the Virginia Department of
Transportation, be and is hereby requested to take into the
Secondary System, pursuant to Section 33.1-229, Code of
Virginia, and the Department's Subdivision Street Requirements,
the following:
Name of Street: Highland Glen Drive Length: 0.29 mile
From: Existing Highland Glen Drive, State Route 5160, at
Kintail Drive
To: End of road, 0.29 mile east of Kintail Drive
Variable Right-of-Way Width: 70 to 85 feet.
Name of Street: Sidlaw Hills Lane Length: 0.11 mile
From: Sidlaw Hills Terrace, 0.11 mile south of Highland Glen
Drive
To: Highland Glen Drive, 0.28 mile east of Kintail Drive
Guaranteed Right-of-Way Width: 50 feet.
Name of Street: Sidlaw Hills Terrace Length: 0.30 mile
From: Cul-de-sac, 0.17 mile south of Sidlaw Hills Lane
To: Cul-de-sac, 0.13 mile north of Sidlaw Hills Lane
Guaranteed Right-of-Way Width: 50 feet.
Name of Street: Burray Road Length: 0.06 mile
From: Highland Glen Drive, 0.28 mile east of Kintail Drive
To: End of road, 0.06 mile north of Highland Glen Drive
Guaranteed Right-of-Way Width: 50 feet.
Name of Street: Cromarty Court Length: 0.20 mile
From: Burray Road, 0.05 mile north of Highland Glen Drive
To: Cul-de-sac, 0.20 mile northwest of Burray Road
Guaranteed Right-of-Way Width: 50 feet.
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This request is inclusive of the adjacent slope, sight
distance, clear zone, and designated Virginia Department of
Transportation drainage easements indicated on the development
plat.
These roads serve 54 lots.
This section of Sidlaw Hills at The Highlands is recorded as
follows:
Plat Book 93, Pages 33 through 35, February 22, 1997.
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
9.C.9.
APPROVAL OF FUNDING AND AWARD OF CONTRACT TO TIMMONS
FOR ENGINEERING SERVICES
On motion of Mr. McHale, seconded by Mr. Barber, the Board
awarded a contract, in an amount not to exceed $20,000, to
Timmons to complete a study of the Stonehenge/Route 60/147
Drainage Area and appropriated $!5,400 from the Midlothian
District Streetlight Fund; $4,600 from the 60/147 Drainage
District; and $10,000 in donations from the Stonehenge Civic
Association and Stonehenge Golf Course. (It is noted a copy of
the plat is filed with the papers of this Board.)
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
9.C.10.
CONVEYANCE OF AN EASEMENT TO VIRGINIA ELECTRIC AND
POWER COMPANY
9.C.10 .a.
TO INSTALL UNDERGROUND POWER LINES TO PROVIDE
SERVICE TO THE MEADOWVILLE WASTEWATER PUMP STATION
On motion of Mr. McHale, seconded by Mr. Barber, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an easement agreement with
Virginia Electric and Power Company to install underground
power lines to provide service to the Meadowville Wastewater
Pump Station. (It is noted a copy of the plat is filed with
the papers of this Board.)
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
9 .C.10.b.
TO RELOCATE POWER LINES FOR THE SPRING RUN
ELEMENTARY SCHOOL SITE
On motion of Mr. McHale, seconded by Mr. Barber, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an easement agreement with
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Virginia Electric and Power Company to relocate power lines for
the Spring Run Elementary School site. (It is noted a copy of
the plat is filed with the papers of this Board.)
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
9.C.11. ACCEPTANCE OF PARCELS OF LAND
9.C.11.a.
FOR THE VIRGINIA DEPARTMENT OF TRANSPORTATION
INDUSTRIAL ACCESS PROJECT FOR JAMES RIVER
INDUSTRIAL CENTER
On motion of Mr. McHale, seconded by Mr. Barber, the Board
accepted the conveyance of parcels of land for the Virginia
Department of Transportation Industrial Access Project for
James River Industrial Center and authorized the County
Administrator to execute the necessary deeds.
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
9 .c.11.b.
FOR OXBRIDGE PLACE FROM IRVIN G. HORNERAND WILLIAM
U. SAVAGE
On motion of Mr. McHale, seconded by Mr. Barber, the Board
accepted the conveyance of a parcel of land containing 0.612
acres for Oxbridge Place from Irvin G. Homer and William U.
Savage and authorized the County Administrator to execute the
necessary deed. (It is noted a copy of the plat is filed with
the papers of this Board.)
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
9.C.12.
WAIVE RIGHT OF FIRST REFUSAL ON SITE LOCATED ON
WHITEPINE ROAD, OWNED BY SUPER RADIATOR COILS
On motion of Mr. McHale, seconded by Mr. Barber, the Board
waived the Right of First Refusal on the three acre site
located at 7501 Whitepine Road in the Chesterfield County
Airpark owned by Super Radiator Coils.
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
99-31
9.C.13. APPROVAL FOR HUMAN SERVICES ADMINISTRATION TO RECEIVE
GRANT FUNDS TO CONDUCT AN EVALUATION OF JUVENILE
PROBATION PROGRAMMING
On motion of Mr. McHale, seconded by Mr. Barber, the Board
authorized Human Services Administration to receive $34,870 in
grand funds from the Department of Criminal Justice Services to
conduct an evaluation of juvenile probation programming and
authorized an increase in appropriations by $34,870.
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
9.C.14. ADOPTION OF RESOLUTION RECOGNIZING THE 175TH
ANNIVERSARY OF THE SISTERS OF BON SECOURS
On motion of Mr. McHale, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, the Sisters of Bon Secours formed an
organization in France in 1824 dedicated to providing medical
and spiritual care for the sick and dying, regardless of income
or social standing; and
WHEREAS, the Sisters of Bon Secours expanded their
mission and came to the United States in 1881 at the request of
Archbishop Gibbons of Baltimore; and
WHEREAS, today, Bon Secours facilities are located in
communities throughout America, delivering health care,
especially to people in need; and
WHEREAS, these facilities are dedicated to alleviating
suffering, showing compassion, and respecting the dignity of
every individual; and
WHEREAS, Bon Secours operates the Bon Secours Retirement
Community at Ironbridge in Chesterfield County; and
WHEREAS, the compassionate delivery of health care,
especially to people in need, remains the priority of the
Sisters of Bon Secours.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors expresses its best wishes to the
Sisters of Bon Secours on the occasion of their 175th
Anniversary, commends them for their dedicated and
compassionate service to those in need, and wishes them
continued success.
99-32
1/ 3/99
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to the Sisters of Bon Secours and that
this resolution be permanently recorded among the papers of
this Board of Supervisors of Chesterfield County, Virginia.
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
9.C.15.
SET DATE FOR PUBLIC HEARING TO CONSIDER THE
APPROPRIATION OF FUNDS FOR ADVANCE REFUNDING OF
GENERAL OBLIGATION BONDS AND ADOPTION OF RESOLUTION
FOR THE ADVANCE REFUNDING
On motion of Mr. McHale, seconded by Mr. Barber, the Board set
the date of January 27, 1999 at 7:00 p.m. to consider the
appropriation of up to $50,150,000 in payment to the escrow
agent for advance refunding of Series 1991, 1992 and 1997
General Obligation Bonds and closing costs and adopted the
following resolution:
A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE, SALE
AND DELIVERY OF AN ISSUE OF NOT TO EXCEED FIFTY MILLION DOLLARS
($50,000,000) PRINCIPAL AMOUNT OF GENERAL OBLIGATION PUBLIC
IMPROVEMENT REFUNDING BONDS, SERIES B OF 1999, OF THE COUNTY OF
CHESTERFIELD, VIRGINIA, FOR THE PURPOSE OF REFUNDING IN ADVANCE
OF THEIR STATED MATURITIES A PORTION OF THE COUNTY'S GENERAL
OBLIGATION PUBLIC IMPROVEMENT AND REFUNDING BONDS, SERIES OF
1991, A PORTION OF THE COUNTY'S GENERAL OBLIGATION PUBLIC
IMPROVEMENT BONDS, SERIES OF 1992, A PORTION OF THE COUNTY'S
GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES OF 1997,
AND A PORTION OF ONE OR MORE OTHER SERIES OF THE COUNTY'S
OUTSTANDING GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS; FIXING
THE FORM, DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH BONDS;
PROVIDING FOR THE SALE OF SUCH BONDS TOGETHER WITH THE COUNTY'S
GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES A OF 1999,
AND DELEGATING TO THE COUNTY ADMINISTRATOR CERTAIN POWERS WITH
RESPECT THERETO; AND AUTHORIZING AND PROVIDING FOR THE
PREPARATION AND DISTRIBUTION OF A PRELIMINARY OFFICIAL
STATEMENT AND AN OFFICIAL STATEMENT RELATING TO SUCH BONDS
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF
THE COUNTY OF CHESTERFIELD, VIRGINIA:
SECTION 1. Findings and Determinations. (a)
Pursuant to Chapter 5 of Title 15.1 of the Code of Virginia,
1950, as then in effect, an election duly called and held in
the County of Chesterfield, Virginia (the "County"), on
November 8, 1988 and an Order of the Circuit Court of the
County dated December 8, 1988, and pursuant to resolutions
adopted by this Board on November 13, 1991 and November 27,
1991 (and readopted on December 11, 1991), respectively, there
were authorized to be issued, sold and delivered the County's
$82,610,000 principal amount of General Obligation Public
Improvement and Refunding Bonds, Series of 1991, dated November
15, 1991 and maturing in varying principal amounts on July 15
each of the years 1992 to 2007, both inclusive, and on July 15
in the year 2011 (the "Series of 1991 Bonds").
1/13/99
99-33
(b) Pursuant to Chapter 5 of Title 15.1 of the
Code of Virginia, 1950, as then in effect, an election duly
called and held in the County on November 8, 1988 and an Order
of the Circuit Court of the County dated December 8, 1988, and
pursuant to a resolution adopted by this Board on November 25,
1992, there were authorized to be issued, sold and delivered
the County's $49,675,000 principal amount of General Obligation
Public Improvement Bonds, Series of 1992, dated November 15,
1992 and maturing in varying principal amounts on July 15 in
each of the years 1993 to 2010 inclusive, and on July 15 in the
year 2012 (the "Series of 1992 Bonds").
(c) Pursuant to Chapter 5 of Title 15.1 of the
Code of Virginia, 1950, as then in effect, an election duly
called and held in the County on November 5, 1996 and an Order
of the Circuit Court of the County dated January 6, 1997, and
pursuant to a resolution adopted by this Board on January 8,
1997, there were authorized to be issued, sold and delivered
the County's $12,800,000 principal amount of General Obligation
Public Improvement Bonds, Series of 1997, dated January 15,
1997 and maturing in varying principal amounts on January 1 in
each of the years 1998 to 2011, both inclusive, and on January
1 in each of the years 2014 and 2017 (the "Series of 1997
Bonds").
(d) Pursuant to Chapter 5 of Title 15.1 of the
Code of Virginia, 1950, and Chapter 5.1 of Title 15.2 of the
Code of Virginia, 1950, in each case as then in effect, the
County has from time to time issued, sold and delivered one or
more series of general obligation public improvement bonds
other than the Series of 1991 Bonds, the Series of 1992 Bonds
and the Series of 1997 Bonds which, based on the advice of the
County's financial advisor, may be candidates for advance
refunding.
(e) Pursuant to Article 5 of the Public Finance
Act of 1991 (Sections 15.2-2643 through 15.2-2649, both
inclusive, of the Code of Virginia, 1950, as now in effect),
the County is authorized to issue refunding bonds to refund any
or all of its bonds in advance of their stated maturities.
(f) This Board deems it advisable and in the
interest of the County to refund in advance of their stated
maturities all or a portion of one or more of the outstanding
maturities of the Series of 1991 Bonds, all or a portion of one
or more of the outstanding maturities of the Series of 1992
Bonds, all or a portion of one or more of the outstanding
maturities of the Series of 1997 Bonds and all or a portion of
one or more of the outstanding maturities of one or more other
series of the County's general obligation public improvement
bonds (collectively, the "Refunded Bonds").
(g) This Board deems it advisable and in the
best interest of the County to authorize and provide for the
issuance, sale and delivery pursuant to such Article 4 of the
Public Finance Act of 1991 of an issue of General Obligation
Public Improvement Refunding Bonds, Series B of 1999, for the
/13/99
99-34
purpose of refunding in advance of their stated maturities all
or a portion of the bonds described in subsection (f) .
SECTION 2. Authorization of General Obligation
Public Improvement Refunding Bonds. For the purpose of
refunding in advance of their stated maturities all or a
portion of the bonds described in Section l(f), there are
hereby authorized to be issued, sold and delivered an issue of
general obligation public improvement refunding bonds of the
County in a principal amount not exceeding $50,000,000 to be
designated and known as "General Obligation Public Improvement
Refunding Bonds, Series B of 1999" ( the "Series 1999B Bonds").
The Series 1999B Bonds may be issued, sold and delivered
contemporaneously with an issue of general obligation public
improvement bonds of the County authorized for issuance at an
election duly called and held in the County on November 5,
1996, an Order of the Circuit Court of the County dated January
6, 1997 and a resolution adopted by this Board on January 14,
1998, which bonds are to be designated and known as "General
Obligation Public Improvement Bonds, Series A of 1999" (the
"Series 1999A Bonds" and, collectively with the Series 1999B
Bonds, the "Bonds").
SECTION 3. Approval of the Details and Sale of
the Bonds. (a) The Bonds shall be dated such date and
shall bear interest from their date payable on such date and
semiannually thereafter, as shall be determined by the County
Administrator. The Bonds shall mature and become due and
payable on such date or dates not exceeding forty (40) years
from their date and in such principal amounts on each such date
as shall be determined by the County Administrator.
(b) (i) The Bonds shall be issued only in
fully registered form. One Bond representing each maturity
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
99-35
/13/99
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.
(c) The Bonds shall be subject to redemption at
the option of the County prior to their stated maturities, in
whole or in part at any time, on such dates and with such
redemption premiums, if any, as shall be determined by the
County Administrator.
(d) If any Bond (or any portion of the
principal amount thereof in installments of $5,000) 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 equaling
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-fift[h (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 are in book-entry only form, any notice of
redemption will be given only to DTC or its nominee. The
County shall not be responsible for providing any beneficial
owner of the Bonds with notice of redemption.
SECTION 4. Appointment of County Treasurer as
Registrar and Paying Agent; Payment of Bonds; Bonds of
Registry; Exchanges and Transfers of Bonds. (a) Appointment
of Registrar. The County Treasurer is hereby appointed
Registrar and Paying Agent for the Bonds (hereinafter referred
to as the "Registrar").
99-36
(b) Payment of Bonds. (i) At any time during
which the Bonds shall be in fully registered form, the interest
on the Bonds shall be payable by check mailed by the Registrar
to the registered owners of the Bonds at their addresses as the
same appear on the books of registry as of the record date for
the payment of interest on the Bonds, and the principal of 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 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 4(c) shall be made without expense to
the registered owners of the Bonds, except as otherwise herein
provided, and except that the Registrar shall require the
payment by the registered owner of any Bond requesting such
transfer or exchange of any tax or other governmental charges
required to be paid with respect to such transfer or exchange.
Ail Bonds surrendered pursuant to this Section 4(c) shall be
cancelled.
99-37
SECTION 5. Execution and Authentication of
Bonds; CUSIP Identification Numbers. (a) Execution of
Bonds. The Bonds shall be executed in the name of the County
by the manual or facsimile signatures of the Chairman and the
Clerk of the Board of Supervisors, and the corporate seal of
the Board of Supervisors shall be impressed, or a facsimile
thereof printed, on the Bonds.
(b) Authentication of Bonds. The County
Administrator shall direct the Registrar to authenticate the
Bonds and no Bonds shall be valid or obligatory for any purpose
unless and until the certificate of authentication endorsed on
such Bond shall have been manually executed by the Registrar.
Upon the authentication of any Bond the Registrar shall insert
in the certificate of authentication the date as of which such
Bond is authenticated as follows: (i) if the Bond is
authenticated prior to the first interest payment date, the
certificate shall be dated as of the date the Bonds are
delivered to and paid for by the initial purchasers thereof;
(ii) if the Bond is authenticated upon an interest payment
date, the certificate shall be dated as of such interest
payment date; (iii) if the Bond is authenticated on or after
the record date for the payment of interest on the Bonds and
prior to such interest payment date, the certificate shall be
dated as of such interest payment date; and (iv) in all other
instances the certificate shall be dated the date upon which
the Bond is authenticated. The execution and authentication of
the Bonds in the manner above set forth is adopted as a due and
sufficient authentication of the Bonds.
(c) CUSIP Identification Numbers. CUSIP
identification numbers may be printed on the Bonds, but neither
the failure to print any such number on any Bonds, nor any
error or omission with respect thereto, shall constitute cause
for failure or refusal by the successful bidder for the Bonds
to accept delivery of and pay for the Bonds in accordance with
the terms of its proposal to purchase the Bonds. No such
number shall constitute or be deemed to be a part of any Bond
or a part of the contract evidenced thereby and no liability
shall attach to the County or any of its officers or agents
because of or on account of any such number or any use made
thereof.
SECTION 6. Tax Covenant. 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 7. Sources of Payment of Bonds.
The full faith and credit of the County shall be and is hereby
irrevocably pledged to the punctual payment of the principal of
and interest on the Bonds as the same become due. In each year
while the Bonds, or any of them, are outstanding and unpaid,
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
/13/99
99-38
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 8. Form of Bonds. The Series 1999A
Bonds shall be in substantially the form set forth in the
resolution adopted by this Board on January 14, 1998. The
Series 1999B Bonds shall be in substantially the form set forth
in Exhibit A with such necessary or appropriate variations~
omissions and insertions as are incidental to their numbers,
interest rates and maturities or as are otherwise permitted or
required by law or this resolution.
SECTION 9. Preparation and Distribution of
Preliminary Official Statement and Preparation, Execution and
Delivery of Official Statement; Preliminary Official Statement
"Deemed Final" for Purposes of Securities and Exchange
Commission Rule 15C2-12. The County Administrator and other
appropriate officials and employees of the County are hereby
authorized and directed to prepare and distribute, or cause to
be prepared and distributed, to prospective purchasers of the
Bonds a Preliminary Official Statement relating to the Bonds,
such Preliminary Official Statement to be in substantially the
form presented to and filed with the minutes of the meeting at
which this resolution is being adopted. Ail actions taken by
the officials, employees, agents and attorneys of the County
with respect to the preparation and distribution of such
Preliminary Official Statement prior to the date hereof are
hereby ratified and confirmed.
(b) The County Administrator and other
appropriate officials and employees of the County are hereby
authorized and directed to prepare, or to cause to be prepared,
a final Official Statement relating to the Bonds, such final
Official Statement to be in substantially the form of the
Preliminary Official Statement with the completion therein of
the information with respect to the interest rates to be borne
by the Bonds as specified by the successful bidder for the
Bonds and other definitive details of the Bonds determined upon
the sale of the Bonds to the successful bidder therefor.
(c) The County Administrator is hereby
authorized to execute and deliver to the representative of the
purchasers of the Bonds the final Official Statement relating
to the Bonds in accordance with the provisions of the Detailed
Notice of Sale relating to the Bonds.
(d) The Preliminary Official Statement shall be
"deemed final" as of its date for purposes of Rule 15c2-12
promulgated by the Securities and Exchange Commission pursuant
to the Securities Exchange Act of 1934 ("Rule 15c2-12") except
for the omission of information permitted to be omitted by Rule
15c2-12. The County Administrator is hereby authorized to
execute and deliver to the representative of the purchasers of
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1/z3/99
the Bonds a certificate dated the date of the Preliminary
Official Statement stating that the Preliminary Official
Statement is deemed final by the County for purposes of Rule
15c2-12 as of its date.
SECTION 10. Sale of Bonds. (a) There is
hereby delegated to the County Administrator authority, without
further action by the Board of Supervisors, to sell the Bonds
authorized for issuance under this resolution in accordance
with the provisions hereof at competitive sale at 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. The
County Administrator is hereby authorized to cause to be
published and distributed a Notice cf 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 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 in such
form as the County Administrator shall approve to be published
in The Bond Buyer on a date selected by the County
Administrator and is hereby further authorized to cause to be
prepared and distributed a Detailed Notice of Sale and an
Official Proposal Form relating to the Bonds of each series,
such Detailed Notice of Sale and Official Proposal Form to be
in substantially the forms thereof set forth in Appendix D to
the form of the Preliminary Official Statement presented to the
meeting at which this resolution is being adopted.
(b) The County Administrator is hereby
authorized to receive proposals for the purchase of the Bonds
and, without further action by the Board of Supervisors, to
accept the proposal offering to purchase the Bonds at the
lowest true interest cost to the County, computed in accordance
with the provisions of the Detailed Notice of Sale; provided
(i) that such proposal 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 De'tailed Notice of Sale; (ii)
that the true interest cost to the County as specified in such
proposal is not in excess of seven and one-half percent (7 ~%);
and (iii) the redemption premium payable upon the redemption of
the Bonds shall not exceed five percent (5%) of the principal
amount thereof. The County Administrator is hereby further
authorized to determine, or to modify the provisions of this
resolution with respect to, the dated date of the Bonds, the
interest payment dates for the Bonds, the dates on which the
Bonds shall mature, 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
99-40
borne by the Bonds of each maturity as specified in the
proposal 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 authorized for issuance under this resolution a
Continuing Disclosure Certificate evidencing the County's
undertaking, to comply with the continuing disclosure
requirements of Paragraph (b) (5) of such Rule 15c2-12 to the
extent applicable to the Bonds, such Continuing Disclosure
Certificate to be in substantially the form set forth in
Appendix C to the form of the Preliminary Official Statement
presented to the meeting at which this resolution is adopted,
together with such changes as shall be approved by the County
Administrator upon the advice of counsel (including the County
Attorney or Bond Counsel to the County), such approval to be
conclusively evidenced by his execution of such Continuing
Disclosure Certificate. 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.
SECTION 11. Authorization to Enter into
Escrow Deposit Agreement and to Appoint an Escrow Agent and to
Designate the Refunded Bonds for Redemption. (a) The County
Administrator or any Deputy County Administrator is hereby
authorized to enter into a Escrow Deposit Agreement in the form
customarily entered into by the County in connection with
advance refunding transactions providing for the redemption of
the Refunded Bonds (the "Escrow Deposit Agreement") and to
appoint an Escrow Agent to serve under the Escrow Deposit
Agreement.
(b) The County Administrator or any Deputy
County Administrator is hereby authorized to execute, on behalf
of the County, subscriptions or purchase agreements for the
securities to be purchased by the Escrow Agent from moneys
deposited in the Escrow Deposit Fund created and established
under the Escrow Deposit Agreement. Such securities so
purchased shall be held by the Escrow Agent under and in
accordance with the provisions of the Escrow Deposit Agreement.
(c) Subject to the sale and receipt of the
proceeds of the Bonds, the County Administrator or any Deputy
County Administrator is hereby authorized to designate the
Refunded Bonds for redemption on such date or dates as they
shall determine and are hereby further authorized to direct the
Escrow Agent to cause notices of the redemption of the Refunded
Bonds on such date or dates to be given in accordance with the
provisions of the proceedings authorizing the issuance of the
Refunded Bonds.
SECTION 12. 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
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/13/99
Supervisors to be a true and correct copy hereof, with the
Circuit Court of the County of Chesterfield.
SECTION 13. 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 14. 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 15. Effective Date.
shall take effect upon its adoption.
This resolution
Date of Filing With the Circuit Court of the County
Chesterfield, Virginia: January__., 1999
of
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
COUNTY OF CHESTERFIELD
GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BOND
SERIES B OF 1999
REGISTERED
No. R-99B-
INTEREST RATE:
NO.:
REGISTERED OWNER:
MATURITY DATE:
CEDE & CO.
REGISTERED
$
DATE OF BOND: CUSIP
, 199 166393
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 to 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
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99-42
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 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. Interest on this Bond
shall be calculated on the basis of a 360-day year consisting
of twelve 30-day months.
The principal of this Bond is payable upon
presentation and surrender hereof at the office of the County
Treasurer of the County in Chesterfield, Virginia (the
"Registrar"). The principal of and interest on this Bond are
payable in such coin or currency of the United States of
America as at the respective dates of payment is legal tender
for public and private debts.
This Bond is one 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 refunding in
advance of their stated maturities certain previously issued
general obligation bonds of 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), and a resolution duly adopted by the
Board of Supervisors of the County under such Public Finance
Act of 1991 on January 13, 1999.
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 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 Bonds or portions thereof to be
redeemed shall be selected by the Registrar by lot), at a
redemption price equal to the principal amount thereof,
together with the interest accrued on such principal amount
thereof, together with the interest accrued them 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
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99-43
this Bond is to be redeemed, that this Bond must be surrendered
in exchange for the principal amount hereof to be redeemed and
the issuance of a new Bond 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
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 (or on the portion of the
principal amount hereof to be redeemed) shall cease to accrue
from and after the date so specified for redemption.
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 the series of which this
Bond is one, of other authorized principal amounts of the same
interest rate and maturity. This Bond is transferable by the
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 the series of which this Bond
is one, of authorized denominations and of the same aggregate
principal amount, will be issued to the transferee in exchange
herefor.
The full faith and credit of the County are
irrevocably pledged to the punctual payment of the principal of
and interest on this Bond as the same become due. In each year
while this Bond is outstanding and unpaid, 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 this Bond to
the extent other funds of the County are not lawfully available
and appropriated for such purpose.
This Bond shall not be valid or obligatory unless the
certificate of authentication hereon shall have been manually
signed by or on behalf of the Registrar.
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It is hereby certified, recited and declared that all
acts, conditions and things required to have happened, to exist
and to have been performed precedent to and in the issuance of
this Bond and the series of which it is one, do exist, have
happened and have been performed in regular and due time, form
and manner as required by law, and that this Bond and the Bonds
of the series of which this Bond is one do not exceed any
constitutional or statutory limitation of indebtedness.
IN WITNESS WHEREOF, the County, by its Board of
Supervisors, has caused this Bond to be executed by the manual
or facsimile signature of the Chairman of such Board; a
facsimile of the corporate seal of such Board to be imprinted
hereon, attested by the facsimile signature of the Clerk of
such Board; and this Bond to be dated ,
[SEAL]
Attest:
Clerk of the Board of
Supervisors
Chairman of the Board of
Supervisors
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
9,C.16.
TRANSFER OF THREE CENT ROAD FUNDS FROM EACH OF THE
FIVE MAGISTERIAL DISTRICTS TO THE CHESTERFIELD
JUVENILE AND DOMESTIC RELATIONS COURT CITIZENS
ADVISORY COUNCIL TO SUPPORT EDUCATIONAL PROGRAMS
On motion of Mr. McHale, seconded by Mr. Barber, the Board
transferred $100 each from the Bermuda, Clover Hill, Dale,
Midlothian and Matoaca Three Cent Road Funds to the
Chesterfield Juvenile and Domestic Relations Court Citizens
Advisory Council to support the Council's public education
programs (total of $500).
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
10. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS
There were no hearings of citizens on unscheduled matters or
claims at this time.
11. REPORTS
On motion of Mr. McHale, seconded by Mr. Barber, the Board
accepted the following reports:
A report on Developer Water and Sewer Contracts and a status
report on the General Fund Balance; Reserve for Future Capital
99-45
Projects; District Road and Street Light Funds; and Lease
Purchases.
And, further, the Board accepted the following roads into the
State Secondary System:
ABANDONMENT LENGTH
ANTLER RIDGE, SECTION 9 - (Effective 11/16/98)
Palomino Way (Route 4976) - From 0.17 Mile
Southwest Route 4901 to Route 4901 0.17 Mi
Whirlaway Drive (Route 4901) - From 0.02 Mile
North Route 4972 to 0.07 Mile Southeast Route 4974 0.10 Mi
SOUTHSHORE, SECTION A - (Effective 11/19/98)
Southshore Court (Route 4778) - From 0.04 Mile
West Route 4777 to Route 4777 0.04 Mi
Southshore Drive (Route 4777) - From Route 360
to Route 4779 0.38 Mi
Southshore Road (Route 4779) - From 0.07 Mile
West Route 4777 to 0.16 Mile Northeast Route 4777 0.23 Mi
ST. JAMES WOODS, SECTION D - (Effective 11/16/98)
Crawford Wood Terrace (Route 6058) - From Route
6055 to 0.08 Mile East Route 6055 0.08 Mi
Wilson Wood Court (Route 6060) - From Route 6055
to 0.04 Mile East Route 6055 0.04 Mi
SWIFT CREEK CROSSING, SECTION 1 - (Effective 11/24/98)
Creek Crossing Drive (Route 4412) - From Route
654 to Route 4413 0.11 Mi
Swift Crossing Drive (Route 4413) - From 0.18
Mile Southwest Route 4412 to 0.08 Mile Northeast
Route 4412 0.26 Mi
SWIFT CREEK CROSSING, SECTION 2
Swift Crossing Court (Route 4415) - From 0.04 Mile
Northwest Route 4412 to Route 4412 0.04 Mi
Swift Crossing Place (Route 4414) - From 0.03 Mile
Northwest Route 4412 to Route 4412 0.03 Mi
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
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12. DINNER
On motion of Mr. Barber, seconded by Mr. McHale, the Board
recessed to the Administration Building, Room 502, for dinner.
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
Reconvening:
13. INVOCATION
Reverend Robert Heckmann, Interim Senior Pastor of Redeemer
Lutheran Church, gave the invocation.
14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Mr. Andrew Wright, Eagle Scout from Troop 835, led the Pledge
of Allegiance to the Flag of the United States of America.
15. RESOLUTIONS AND SPECIAL RECOGNITIONS
RESOLUTION RECOGNIZING THE HONORABLE RENNY BUSH HUMPHREY
AS 1998 CHAIRMAN OF THE CHESTERFIELD COUNTY BOARD OF
SUPERVISORS
On motion of the Board, the following resolution was adopted:
WHEREAS, the Honorable Renny Bush Humphrey, Supervisor
representing the Matoaca District, served as Chairman of the
Board of Supervisors from January 1998 to December 1998;
demonstrated outstanding leadership, courage, and vision in
handling issues facing the County; was responsive and open to
the needs of citizens, while maintaining a high quality of
life; and demonstrated dedication and loyalty of the highest
caliber in promoting Chesterfield County as a progressive and
well managed community throughout the Region, State, and
Nation; and
WHEREAS, Mrs. Humphrey's dependability, integrity,
expertise, commitment and good sense of humor have been
recognized not only by the Board, the Administration, the
business community, and County residents, but also by region,
local and State officials; and
WHEREAS, under Mrs. Humphrey's Chairmanship, the County
confronted many challenges and achieved many successes
including reduction of the County's tax rate; receipt of the
third Triple A bond rating; coordination of County and School
pay plans and salary increases for employees; being first to
implement car tax refunds; appointment of a new Fire Chief;
acquiring sites for the new Matoaca High School, for expansion
99-47
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of Thomas Dale High School, for the Happy Hill Pump Station,
and the Southside Church of the Nazarene for Alternative
Education Programs; beginning construction of the new 911
Center; location of the following businesses to the County --
Capital One, LandAmerica Financial Group, Elliptus Software,
Quantum Silicones, Cintas, Sun Chemical, and Legg US,
Incorporated; the announcement of $132.5 million in investments
and over 1,700 basic sector jobs; opening of the James River
Industrial Center and Rehrig International locating in the new
industrial park; opening of a community policing office at the
Meadowbrook/Meadowdale Shopping Center; opening of a northern
district police station; opening of two new 24-hour community
homes; opening of the Pocahontas State Park Amphitheater;
adoption of the Eastern Midlothian Area Plan; the Police
Department becoming fully accredited by the Division of
Criminal Justice Services; adding several thousand homes to the
County's Curbside Recycling Program; implementation of Project
Safe Place to assist teens in crisis situations; and
installation of the Instrument Landing System at the County
Airport; and
WHEREAS, other challenges and accomplishments under Mrs.
Humphrey's Chairmanship include the County receiving 18
National Association of Counties (NACo) Awards and 9 awards
from NACo Information Officers; the Swift Creek Water Treatment
Plant receiving the Environmental Protection Agency's
Director's Award; the Utilities Department receiving the AMSA
Silver Award for the Proctor's Creek and Falling Creek
Wastewater Treatment Plants; The Friends of the Library being
the 1998 recipient of the Virginia Library Association's Award;
receiving GFOA Awards for Excellence in Financial Reporting and
Distinguished Budget Presentation; receiving a $200,000 ISTEA
grant for construction of a trail project on the Virginia State
University Randolf Farm; completion of the Southern Area
Transfer Station expansion; completion of Phase I of the Enon
Public Safety Training Center; completion of land research for
the County's 250th Anniversary; completion of land
acquisition/exchange for the Bensley Fire Station; expansion/
renovation of the Animal Control Shelter; construction of
lights and dedication of the Raymond Hevener field at Salem
Middle School; transportation improvements made to the I-
95/Walthall Interchange, Chippenham Parkway, Hull Street Road,
Courthouse Road, and Woolridge Road Extended; and acquisition
of the 235 acre Western Area Regional Park site.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes and applauds
the untiring efforts and commitment to excellence displayed by
its 1998 Chairman, The Honorable Renny Bush Humphrey and does
hereby present Mrs. Humphrey with a plaque recognizing her
distinguished service from January 1998 to December 1998.
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
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Mr. Daniel presented the executed resolution and several gifts
to Mrs. Humphrey, and commended her on her tremendous
accomplishments and leadership during 1998.
Mr. Stith introduced Dr. Robert Turner from Virginia State
University.
Dr. Turner presented Mrs. Humphrey with a monogrammed Virginia
State University chair, congratulated her for a successful year
as Chairman, and expressed appreciation for her service in the
Matoaca District.
Mr. Ramsey expressed appreciation to Dr. Ivan Perkinson, the
artist of the original painting given to Mrs. Humphrey as a
gift.
Mrs. Humphrey expressed appreciation to Dr. Perkinson and his
family for honoring her with an original painting and to
Virginia State University for the chair. She also expressed
appreciation to the Board members for their kind comments in
the Richmond Times-Dispatch and to Mr. Will Jones for writing
the article. She stated that a good chairmanship is not the
result of one individual or one vote--rather it is the sum of
the parts. She further stated that each Board member has
strengths which she was able to draw upon as Chairman. She
stated that Mr. Barber inspires children and brings out the
best physically in the young people in the school system. She
further stated that Mr. Warren is one of the most compassionate
men she knows and that his public service on the Board as well
as his professional career as an Emergency Service Coordinator
for the Commonwealth of Virginia serving people's needs at the
worst moments is his strength. She stated that Mr. Daniel is
a unique individual and is undoubtedly the bull, the one who
understands the Constitution, local government, the history of
the County, the law and how the process should be, which makes
him one of the greatest teachers of our time for a young person
in public service. She further stated that Mr. McHale is a war
hero who put on the American uniform and went to war and fought
for the American flag and the Constitution of the United States
which is more than the President of the United States has done.
She stated that the strengths of each of the Board members
helped her to have a good year as Chairman and that all of the
successes during 1998 were a result of the Board of Supervisors
as a team. She made reference to First Tee as one of the
difficult issues for the Board in the past year and that it is
a credit to the entire Board. She expressed appreciation for
a great year and for all of the gifts presented to her.
15 .A.
RECOGNIZING MRS. CONSTANCE S, SORRELL FOR HER SERVICE
TO CHESTERFIELD COUNTY
Mr. Stith introduced Mrs. Constance Sorrell who was present to
receive the resolution. He also introduced John Cogbill,
Esquire, Commonwealth Transportation Board member, Mr. James
Smith, Virginia Department of Transportation Resident Engineer,
and Mr. John McCracken, who were present to accompany Mrs.
99-49
Sorrell in receiving the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mrs. Constance S. Sorrell began her public
service career as a Research Analyst with the Virginia Division
of Legislative Services, and in 11979 was appointed to the
position of Section Manager in the Virginia Department of
Planning and Budget; and
WHEREAS, Mrs. Sorrell began her career with the Virginia
Department of Transportation (VDOT) in 1982 as a Senior
Management Analyst in the Management Services Division; in 1984
was promoted to Assistant Division Administrator; and was
promoted to Division Administrator one year later; and
WHEREAS, in August, 1989, Mrs. Sorrell was again promoted
by VDOT to the position of District Administrator of the
Richmond District and, under her leadership, major improvements
to Chesterfield's transportation network have been accomplished
including, among other things, the construction of Route 288
and the Interstate 95/Walthall Interchange; the widening of
Route 10, Route 360, Chippenham Parkway, Courthouse Road and
Lucks Lane; the reconstruction of Qualla Road, Hopkins Road and
Bailey Bridge Road; and the completion of several
beautification projects throughout the County; and
WHEREAS, Mrs. Sorrell has conducted the business of VDOT
in a professional, efficient and effective manner and the Board
of Supervisors has enjoyed an excellent working relationship
with her; and
WHEREAS, Mrs. Sorrell has recently been promoted to the
position of Assistant Commissioner for Administration with
VDOT.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes Mrs. Constance
S. Sorrell for her outstanding service to the citizens of
Chesterfield County, extends its best wishes for success in her
new position with the Virginia Department of Transportation,
and looks forward to her continued support for transportation
improvements in Chesterfield County.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Mrs. Sorrell and that this
resolution be permanently recorded, among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
Mr. Daniel presented the executed resolution to Mrs. Sorrell,
congratulated her on her outstanding performance, and wished
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her success in her future career growth.
Mr. McCracken expressed appreciation to Mrs. Sorrell for her
support of County staff members and presented her with a gift.
Mrs. Sorrell, accompanied by members of her family, thanked the
Board for the recognition and stated that she appreciates the
working relationship that VDOT has with the County.
John Cogbill, Esquire, Commonwealth Transportation Board member
from the County, expressed appreciation to Mrs. Sorrell for her
quality performance, leadership and service.
15 .B,
RECOGNIZING MR. ANDREW K. WRIGHT, TROOP 835, UPON
ATTAINING RANK OF EAGLE SCOUT
On motion of the Board, the following resolution was adopted:
WHEREAS, the Boy Scouts of America was incorporated by Mr.
William D. Boyce on February 8, 1910; and
WHEREAS, the Boy Scouts of America was founded to promote
citizenship training, personal development, and fitness of
individuals; and
WHEREAS, after earning at least twenty-one merit badges in
a wide variety of fields, serving in a leadership position in
a troop, carrying out a service project beneficial to his
community, being active in the troop, demonstrating Scout
spirit, and living up to the Scout Oath and Law; and
WHEREAS, Mr. Andrew K. Wright, Troop 835, sponsored by
Hopewell United Methodist Church, has accomplished those high
standards of commitment and has reached the long-sought goal of
Eagle Scout which is received by less than two percent of those
individuals entering the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and priding
himself on the great accomplishments of his Country, Andrew is
indeed a member of a new generation of prepared young citizens
of whom we can all be very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby extends its congratulations
to Mr. Andrew K. Wright and acknowledges the good fortune of
the County to have such an outstanding young man as one of its
citizens.
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
Mrs. Humphrey presented the executed resolution and patch to
Mr. Wright, accompanied by members of his family, congratulated
him on his outstanding achievements, and wished him well in his
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future endeavors.
Mr. Wright expressed appreciation to the Board for the
recognition and to his parents, Scoutmasters and fellow Scouts
for their support.
16. PUBLIC HEARINGS
16 .A.
TO CONSIDER AN INDucEMENT G}~%/~T OF $185,000 TO A
FOREIGN COMPANY FOR THE ACQUISITION OF FOURTEEN ACRES
IN THE APPOMATTOX INDUSTRIAL CENTER
Mr. McLaren stated that this date and time has been advertised
for a public hearing to consider an inducement grant of
$185,000 to a foreign company to assist in the acquisition of
fourteen acres in the Appomattox Industrial Center.
Mr. Walter Marsh expressed concerns relative to grants being
given from the County to private companies. He encouraged the
Board to seek State legislation that prevents one County from
bidding against another for the siting of new companies to
ensure that all companies are treated fairly.
There being no one else to speak in favor of or against this
issue, the public hearing was closed.
Mr. Daniel stated that it has been the County's policy for over
ten years that when an investment can be made by the County
that pays for itself in a reasonable period of time--three
years or less--it is a wise investment. He stated that he
supports the proposed inducement grant.
Mr. Ramsey stated that the County competed with a number of
localities as well as other States for this project.
Mr. McHale stated that he feels the County's incentive policy
is sound; that the proposed inducement grant is consistent with
County policy; and that he supports the request.
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
approved an inducement grant, in the amount of $185,000, to
assist a foreign company in the acquisition of a fourteen-acre
site in the Appomattox Industrial Center.
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
16 .B.
TO CONSIDER THE CONVEYANCE OF A 3.66 +/- ACRE PARCEL IN
THE AIRPORT INDUSTRIAL PARK (AIRPARK) TO LANDMARK
COMPANY OF VIRGINIA
Mr. Stith stated that this date and time has been advertised
for a public hearing to consider conveyance of a 3.66 +/- acre
parcel of land in the Airport Industrial Park (Airpark) to
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Landmark Company of Virginia, at a purchase price of $50,000
per acre exclusive of any wetlands.
No one came forward to speak in favor of or against this issue.
On motion of Mr. McHale, seconded by Mr. Barber, the Board
authorized the County Administrator to enter into a contract
approved by the County Attorney and convey a 3.66 +/- acre
parcel, in the Airport Industrial Park (Airpark), to Landmark
Company of Virginia, at a purchase price of $50,000 per acre
exclusive of any wetlands.
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
16 .C.
TO CONSIDER AN AMENDMENT TO THE FY98-99 BUDGET TO
APPROPRIATE $700,000 IN STATE VIRGINIA DEPARTMENT OF
TRANSPORTATION REIMBURSEMENT FOR THE DESIGN OF THE
ROUTE 360 WIDENING PROJECT
Mr. Stith stated that this date and time has been advertised
for a public hearing to consider an amendment for the FY98-99
Budget to appropriate $700,000 in anticipated Virginia
Department of Transportation reimbursements and authorization
to enter into an agreement for the design of the Route 360
widening project.
No one came forward to speak in favor of or against this issue.
After brief discussion, on motion of Mrs. Humphrey, seconded by
Mr. Warren, the Board appropriated $700,000 in anticipated
Virginia Department of Transportation reimbursements and
authorized the County Administrator to enter into the necessary
VDOT/County/Developer design/right-of-way acquisition agree-
ment, acceptable to the County Attorney, for the Route 360
Design Project.
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
16,D.
TO CONSIDER AN ORDINANCE TO AMEND THE CODE OF THE
COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY A~NDIN~
SECTIONS 19-21 AND 19-23, AND ADDING SECTION 19-19.~.
RELATING TO APPEALS FOR TEE BOARD OF ZONING APPEALS
AND REQUIRING THE PLANNING DIRECTOR TO RESPOND TO
REOUESTS FOR DECISIONS WITHIN NINETY DAY~
Mr. Jacobson stated that this date and time has been advertised
for a public hearing to consider an ordinance relating to
appeals to the Board of Zoning Appeals and the time frame for
the Planning Director to respond to requests for decisions.
No one came forward to speak in favor of or against this
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ordinance.
On motion of Mr. Barber, seconded by Mr. McHale, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD,
1997, AS AMENDED, BY AMENDING SECTIONS 19-21 AND 19-23, AND
ADDING SECTION 19-19.1 RELATING TO APPEALS TO THE BOARD OF
ZONING APPEALS AND REQUIRING THE PLANNING DIRECTOR TO RESPOND
TO REQUESTS FOR DECISIONS WITHIN 90 DAYS
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 19-21 and 19-23 of the Code of the
County of Chesterfield, 1997, as amended, are amended and
reenacted to read as follows:
Sec. 19-21. Same--Powers and duties.
The board of zoning appeals shall have the following powers and
duties:
(a) To hear appeals as provided for in § 19-19.1.
O O O
Sec. 19-23. Director of
administrative variances.
planning; authority to grant
(g)
0 0 0
The director of planning shall approve or disapprove an
application for an administrative variance not less than
21 days after the date of notice of the application nor
more than 90 days after the application for the variance
is received.
0 0 0
(2) That Section 19-19.1 is added to Division 2 of
Article II of Chapter 19 of the Code of the County of
Chesterfield, 1997, as amended, to read as follows:
Sec. 19-19.1. Administrative Decisions and Appeals to the
Board of Zoning Appeals.
(a)
The director of planning shall provide a written response
to a person who has filed a request in writing for a
decision or determination by the director of planning on
zoning matters within the scope of his authority. The
director of planning shall provide the response within 90
days of the date of the request, unless the requestor has
agreed to a longer time period. This includes
interpretation requests made pursuant to Section 19-2.
The director of planning's decision may be appealed
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pursuant to the provisions of this section.
(b)
Any written notice of a zoning violation or a written
order, decision or determination of the director of
planning on zoning matters within the scope of his
authority dated on or after July 1, 1993, shall include a
statement informing the recipient that he may have a right
to appeal the notice of a zoning violation or the written
order, decision or determination within 30 days in
accordance with this section and that the item shall be
final and unappealable if not appealed within 30 days
after the date of issuance. The appeal period shall not
commence until this statement is given.
(c)
Except as provided in Article V of this Chapter, an appeal
to the board of zoning appeals may be taken by any person
aggrieved or by any officer, department, board or bureau
of the locality from any order, requirement, decision or
determination made by the director of planning on zoning
matters within the scope of his authority or any other
administrative officer in the administration or
enforcement of this chapter.
(d)
An appeal to the board of zoning appeals shall be taken by
filing a notice of appeal specifying the grounds thereof
with the director of planning. The director of planning
shall transmit to the board of zoning appeals all the
papers constituting the record upon which the action
appealed from was taken.
e)
An appeal shall stay all proceedings in furtherance of the
action appealed from unless the director of planning
certifies to the board of zoning appeals that by reason of
facts stated in the certificate a stay would in his
opinion cause imminent peril to life or property, in which
case proceedings shall not be stayed otherwise than by a
restraining order granted by the board of zoning appeals
or by a court of record, on application and on notice to
the director of planning and for good cause shown.
Va. Code § 15.2-2286, 15.2-2309, 15.2-2311
(3) That this ordinance
mmmediately upon adoption.
shall become effective
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
16 .E.
TO CONSIDER EXPANDING AND RECONFIGURING THE BOUNDARIES
OF THE JEFFERSON DAVIS ENTERPRISE ZONE APPLICATION TO
PERMIT THE AMENDMENT OF THE JEFFERSON DAVIS ENTERPRISE
ZONE BOUNDARIES
Mr. Stith stated that this date and time has been advertised to
consider amending the boundaries of the Jefferson Davis
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Enterprise Zone through an amended enterprise zone application.
Mr. McLaren stated that the proposed amendment would be the
second amendment to the Jefferson Davis Enterprise Zone. He
further stated that, after speaking with officials from DuPont,
it has been determined to be in the County's best interest to
include DuPont's expansion areas into the Enterprise Zone in
order to compete with foreign companies for the future
expansion of DuPont. He presented an overview of the existing
Enterprise Zone and briefly reviewed the proposed changes.
There was brief discussion relative to the constraints
regarding the maximum total area allowed in the Enterprise
Zone.
No one came forward to speak in favor of or against this issue.
On motion of Mr. McHale, seconded by Mr. Barber, the Board
amended the boundaries of the Jefferson Davis Enterprise Zone
and authorized the Economic Development staff to submit an
application to expand and reconfigure the boundaries of the
Enterprise Zone.
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
16 .F.
TO CONSIDER AN ORDINANCE TO VACATE PORTIONS OF A
SIXTEEN FOOT DRAINAGE EASEMENT WITHIN SECOND BRANCH,
SECTION 2
Mr. Stith stated that this date and time has been advertised
for a public hearing to consider an ordinance to vacate
portions of a sixteen foot drainage easement within Second
Branch, Section 2.
No one came forward to speak in favor of or against this
ordinance.
On motion of Mr. Humphrey, seconded by Mr. McHale, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OlF CHESTERFIELD, VIRGINIA,
("GRANTOR") vacates to BEERS AND WHITE, INC., a Virginia
corporation, ("GRANTEE"), portions of a 16' drainage easement
across Lots 8, 9, 10, 11 and 12, Second Branch Subdivision,
Section 2, Matoaca Magisterial District, Chesterfield County,
Virginia, as shown on a plat thereof duly recorded in the
Clerk's Office of the Circuit Court. of Chesterfield County in
Plat Book 95, at Pages 69 and 70.
WHEREAS, Beers and White, Inc., a Virginia corporation,
petitioned the Board of Supervisors of Chesterfield County,
Virginia to vacate portions of a 16' drainage easement across
Lots 8, 9, 10, 11 and 12, Second Branch Subdivision, Section 2,
Matoaca Magisterial District, Chesterfield County, Virginia more
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particularly shown on a plat of record in the Clerk's Office of
the Circuit Court of said County in Plat Book 95, Pages 69 and
70, by Balzer & Associates, Inc., dated July 23, 1997, and
recorded October 7, 1997. The portions of easement petitioned
to be vacated are more fully described as follows:
Portions of a 16' drainage easement, across
Lots 8, 9, 10, 11 and 12, Second Branch
Subdivision, Section 2, the locations of which
are more fully shown on a plat made by Balzer
& Associates, Inc., dated October 7, 1998, and
revised December 30, 1998, a copy of which is
attached hereto and made a part of this
Ordinance.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by advertising;
and,
WHEREAS, no public necessity exists for the continuance of
the portions of easement sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS
OF CHESTERFIELD COUNTY, VIRGINIA:
That pursuant to Section 15.2-2272 of the Code of Virginia,
1950, as amended, the aforesaid portions of easement be and are
hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virqinia, 1950,
as amended, and a certified copy of this Ordinance, together
with the plat attached hereto shall be recorded no sooner than
thirty days hereafter in the Clerk's Office of the Circuit Court
of Chesterfield County, Virginia pursuant to Section 15.2-2276
of the Code of Virginia, 1950, as amended.
The effect of this Ordinance pursuant to Section 15.2-2274
is to destroy the force and effect of the recording of the
portions of the plat vacated. This Ordinance shall vest fee
simple title of the portions of easement hereby vacated in the
owners of Lots 8, 9, 10, 11 and 12, within Second Branch
Subdivision, Section 2 free and clear of any rights of public
use.
Accordingly, this Ordinance shall be indexed in the names
of the COUNTY OF CHESTERFIELD as GRANTOR, and BEERS AND WHITE,
INC., a Virginia corporation, or their successors in title, as
GRANTEE.
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
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16,G.
TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A
SIXTEEN FOOT DRAINAGE EASEMENT WITHIN CREEKWOOD,
SECTION A
Mr. Stith stated that this date and time has been advertised for
a public hearing to consider an ordinance to vacate a portion of
a sixteen foot drainage easement within Creekwood, Section A.
No one came forward to speak in favor of or against this
ordinance.
On motion of Mr. Warren, seconded by Mr. McHale, the Board
adopted the following ordinance, subject to the lot owner
granting the County a license for existing drainage facilities
within the easement:
AN ORDINANCE whereby the COUNTY (DF CHESTERFIELD, VIRGINIA,
("GRANTOR") vacates to ARTHUR V. WATERMAN and PAMELA A.
WATERMAN, ("GRANTEE"), a portion of a 16' drainage easement
across Lot 13, Block C, Creekwood Subdivision, Section A,
Clover Hill Magisterial District, Chesterfield County,
Virginia, as shown on a plat thereof duly recorded in the
Clerk's Office of the Circuit Court of Chesterfield County in
Plat Book 23, at Page 92.
WHEREAS, ARTHUR V. WATERMAN and PAMELA A. WATERMAN,
petitioned the Board of Supervisors of Chesterfield County,
Virginia to vacate a portion of a ].6' drainage easement across
Lot 13, Block C, Creekwood Subdivision, Section A, Clover Hill
Magisterial District, Chesterfield County, Virginia more
particularly shown on a plat of record in the Clerk's Office of
the Circuit Court of said County in Plat Book 23, Page 92, by J.
K. TIMMONS & ASSOCIATES, dated MARCH 4, 1975. The portion of
the easement petitioned to be vacated is more fully described as
follows:
A portion of a 16' drainage easement, across
Lot 13, Block C, Creekwood Subdivision,
Section A, the location of which is more fully
shown on a plat made by A. G. HAROCOPOS &
ASSOCIATES, P.C., dated DECEMBER 21, 1993, a
copy of which is attached hereto and made a
part of this Ordinance.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by advertising;
and,
WHEREAS, no public necessity exists for the continuance of
the portion of the easement sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS
OF CHESTERFIELD COUNTY, VIRGINIA:
That pursuant to Section 15.2-2272 of the Code of Virginia,
1950, as amended, the aforesaid portion of easement be and is
hereby vacated.
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This Ordinance shall be in full force and effect in
accordance with Sectien 15.2-2272 of Nhe .Gene ef Virginia, 1950,
as amended, and a certified copy of this Ordinance, together
with the plat attached herete shall be recorded no sooner than
thirty days hereafter in the Clerk's Office ef the Circuit Court
of Chesterfield County, Virginia pursuant to Section 15.2-2276
of the Code of Virginia, 1950, as amended.
The effect of this Ordinance pursuant to Section 15.2-2274
is to destroy the force and effect of the recording of the
portion of the plat vacated. This Ordinance shall vest fee
simple title of the portion of easement hereby vacated in the
property owner of Lot 13, Block C, within Creekwood Subdivision,
Section A free and clear of any rights of public use.
Accordingly, this Ordinance shall be indexed in the names
of the COUNTY OF CHESTERFIELD as GRANTOR, and ARTHUR V. WATERMAN
and PAMELA A. WATERMAN, or their successors in title, as
GRANTEE.
The Board further authorizes the County Administrator to
execute the necessary license agreement.
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
Mr. Daniel recognized two members of Boy Scout Troop 800 and one
member of Boy Scout Troop 877 present at ~he meeting.
17. ADJOURNMENT
On motion of Mr. McHale, seconded by Mr. Warren, the Board
adjourned at 8:00 p.m. until January 27, 1999 at 3:00 p.m. for
the ribbon cutting ceremony at the Juvenile and Domestic
Relations District Court facility.
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
Lane
County Administrator
~iel
Cha i rman
99-59
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