02-08-2006 Minutes
BOARD OF SUPERVISORS
MINUTES
February 8, 2006
Supervisors in Attendance:
-
Mr. R. M. "Dickie" King, Jr.,
Chairman
Mr. Kelly Miller, Vice Chrm.
Mr. Edward B. Barber
Mrs. Renny Bush Humphrey
Mr. Arthur S. Warren
Mr. Lane B. Ramsey,
County Administrator
--
-
Staff in Attendance:
Mr. George Braunstein,
Exec. Dir., Community
Services Board
Dr. Billy Cannaday, Jr.,
Supt., School Board
Ms. Marilyn Cole, Asst.
County Administrator
Mr. Roy Covington, Dir.,
Utilities
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Mr. Jonathan Davis,
Real Estate Assessor
Mr. Wilson Davis, Dir.,
Economic Development
Ms. Rebecca Dickson, Dir.,
Budget and Management
Mr. William Dupler,
Building Official
Dep. Chief Frank Edwards,
Fire and EMS Dept.
Ms. Lisa Elko, CMC,
Clerk
Ms. Karla Gerner, Dir.,
Human Resource Mgmt.
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. Bradford S. Hammer,
Deputy Co. Admin.,
Human Services
Mr. John W. Harmon,
Right-of-Way Manager
Mr. Russell Harris, Mgr.
of Community Development
Services
Mr. Joseph A. Horbal,
Commissioner of Revenue
Mr. Donald Kappel, Dir.,
Public Affairs
Mr. Rob Key, Asst. Dir.,
General Services
Ms. Kathryn Kitchen, Asst.
Supt. of Schools for
Business and Finance
Mr. Steven L. Micas,
County Attorney
Mr. Glen Peterson, Dir.,
Community Diversion
Incentive Program
Lt. Col. Andy Scruggs,
Police Department
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Mr. James J. L. Stegmaier,
Deputy Co. Admin.,
Management Services
Mr M. D. Stith, Jr.,
Depu ty Co. Admin.,
Community Development
Mr Kirk Turner, Dir.,
anning
Mr. King called the regularly scheduled meeting to order at
3:36 p.m.
1. APPROVAL OF MINUTES FOR JANUARY 25, 2006
On motion of Mr. Miller, seconded by Mr. Barber, the Board
approved the minutes of January 25, 2006, as submitted.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
2. COUNTY ADMINISTRATOR I S COMMENTS
o LEGISLATIVE UPDATE
Ms. Curtin provided an update on General Assembly activities.
She stated all of the county's legislative requests have
passed and crossed over to the opposite house. She further
stated the House of Delegates' financing plan for road
improvements has not yet been released, and both the House
and Senate will be releasing their budgets on February 19th.
Discussion ensued relative to the status of legislative items --
dealing with telecommunications, hunting, eminent domain,
land use, transportation and group homes.
In response to Mr. Miller's question, Ms. Curtin stated the
Joint Legislative and Audit Review Commission will be
reviewing the group home issue regarding exportation of
juveniles and identifying barri.ers that exi.st in other
communities to keep them from providing services locally.
Mr. King thanked Ms. Curtin for keeping the Board updated on
General Assembly activities.
o INTRODUCT:ION OF ECONOM:IC DEVELOPMENT D:IRECTO~
Mr. Ramsey introduced Mr. Wilson Davis, the county's new
Economic Development Director.
Mr. Davis stated he looks forward to. the growth of E=xisting
industries, as well as positioning Chesterfield County for
additional growth.
3. BOARD COMM:ITTEE REPORTS
Mrs. Humphrey congratulated Matoaca District resident James
Farrior and the pittsburgh Steelers on winning the Super
Bowl.
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4. REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES :IN THE
ORDER OF PRESENTAT:ION
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
deleted Item 14 .A., Resolution Recognizing Boy Scouts Upon
Attaining the Rank of Eagle Scout; and adopted the Agenda, as
amended.
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Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
5. RESOLUT:IONS AND SPEC:IAL RECOGNITIONS
5.A. RECOGN:IZ:ING SERGEANT RUSSELL L. HUTCHISON, JR., POL:ICE
DEPARTMENT, UPON H:IS RET:IREMENT
Lieutenant Colonel Andy Scruggs introduced Sergeant Russell
Hutchison, who was present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Sergeant Russell L. Hutchison, Jr. retired from
the Chesterfield County Police Department on February 1,
2006, after providing 25 years of quality service to the
citizens of Chesterfield County; and
WHEREAS, Sergeant Hutchison has
county in the capacities of Patrol
Detective, and Sergeant; and
fai thfully served the
Officer, Investigator,
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WHEREAS, Sergeant Hutchison has served as Field Training
Officer, Firearms Instructor, Lead Instructor for the Basic
SWAT School, and Lead Instructor for Pursuit Driving and
Tactical Building Searches for the Police Basic Academy; and
WHEREAS, Sergeant Hutchison received the 1990 Award for
Outstanding Drug Enforcement from the Greater Richmond
Informed Parents Association; and
WHEERAS, in 1996, Sergeant Hutchison received the Police
Star for Bravery for his actions while rescuing an elderly
couple from a burning house; and
WHEREAS, Sergeant Hutchison received a 1996 Valor Award
from the Metro Richmond Business Association; and
WHEREAS, Sergeant Hutchison received a Commendation
Award for assisting the Federal Drug Enforcement
Administration on a PERT tactical team surveillance operation
and arrest of a highly dangerous suspect wanted for drugs,
firearms, and explosives charges; and
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WHEREAS, Sergeant Hutchison received a Commendation for
his leadership of the Street Drug Enforcement Unit and was
also commended for his dedication to duty, concern for his
employees and his efforts to fight the use and distribution
of illegal drugs in Chesterfield County; and
WHEREAS, Sergeant Hutchison received a Unit Citation
Award while assigned to the Street Drug Enforcement Unit for
the unit's accomplishments in 2003, including making 918
arrests, seizing $61,000 in currency, 57 pounds of marijuana,
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800 Ecstasy pills, and 21 weapons, and assisting other units
with surveillance during the same t.ime period; and
WHEREAS, Sergeant. Hutchison has received
letters of appreciation for service rendered to the
of Chesterfield County; and
numerous
citizens
WHEREAS, Sergeant Hutchison
Chesterfield County police Department
loyal and dedicated service; and
has
with
provided
many years
the
of
WHERE1\.S, Chesterfield County and the Board of
Supervisors will miss Sergeant Hutchison's diligent service.
NOW, THEREFORE, BE IT RESOINED that the Chesterfield
County Board of Supervisors, this 8th day of February 2006,
publicly recognizes Sergeant Russell L. Hutchison, Jr., and
extends OIl behalf of its members and the citizens of
Chesterfield County, appreciation for his service to the
county, congratulations upon his retirement, and best wishes
for a long and happy retirement.
AND, BE IT FURTHER RESOLVED, that a copy of
resolution be presented to Sergeant Hutchison, and that
resolution be permanently recorded among the papers of
Board of Supervisors of Chesterfield County.
this
this
this
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
Mr. King presented the executed resolution and a Jefferson
Cup to Mr. Hutchison, accompanied by members of his family
and Lieutenant Colonel Scruggs, expressed appreciation for
his dedicated service, and congratulated him on his
retirement.
Mr. Hutchison thanked the Board for the recognition.
5. B. RECOGN:IZ:ING WAYNE T. KIRKLAND, AUTOMOT:IVE MA:INTENANCE
SUPERINTENDENT, GENERAL SERVICES, UPON H:IS RET:IREMENT
Mr. Key introduced Mr. Wayne Kirkland, who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mr. Wayne T. Kirkland retired February 1, 2006
after providing 28 years of dedicated and faithful service to
Chesterfield County; and
WHEREAS, Mr. Kirkland began his service June 1, 1977, as
an Automotive Parts Technician, in the Pupil Transportation
Department, Chesterfield County Public Schools; and
WHEREAS, Mr. Kirkland has seen the county I s school bus
fleet grow from 325 to more than 500 buses; and
WHEREAS, Mr. Kirkland was instrumental in the
development of school bus maintenance support and services
with modern cutting edge technology tools and equipment; and
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WHEREAS, Mr. Kirkland led his staff in achieving a 97
percent daily school bus availability rate; and
WHEREAS, Mr. Kirkland consistently performed his duties
and responsibilities in a professional manner and placed the
welfare and safety of students, faculty, citizens and fellow
county employees above his own personal comfort and feelings
and will be missed by his fellow co-workers and customers.
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NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 8th day of February 2006,
publicly recognizes Mr. Wayne T. Kirkland and extends
appreciation for his 28 years of dedicated service to the
county, congratulations upon his retirement, and best wishes
for a long and happy retirement.
AND, BE IT FURTHER RESOLVED that a copy of
resolution be presented to Mr. Kirkland and that
resolution be permanently recorded among the papers of
Board of Supervisors of Chesterfield County, Virginia.
this
this
this
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
Mr. Miller presented
to Mr. Kirkland,
appreciation for his
on his retirement.
the executed resolution and a Jefferson
accompanied by Mr. Key, expressed
dedicated service, and congratulated him
Mr. Kirkland thanked the Board for the recognition.
-
Dr. Cannaday thanked Mr. Kirkland for his leadership and
support for the safety of the county's students.
6. WORK SESSIONS
o PROJECTED REVENUES FOR THE FY2007 AND FY2008 B:IENN:IUM AND
THE CHESTERFIELD COMMUNITY SERVICES BOARD PROPOSED FY2007
BUDGET
Mr. Allan Carmody, Budget Manager, presented an overview of
FY2006 projected revenues. He reviewed population trends,
stating that the county's population increased last year by
8,000 persons, representing a 2.8 percent increase. He
reviewed FY2006 adopted versus FY2007 proposed revenues. He
then reviewed General Fund revenues from FY95 and FY2005. He
stated the FY2007 budget assumes a real estate tax rate that
declines one cent per year to $1.04 by FY2008. He reviewed
real estate trends from 2001 to 2006, including percentage
change of real estate assessed value; change in residential
and commercial assessed value; and residential growth rates.
In response to Mr. Miller's question, Mr. Carmody stated the
percentage of population and cost of living increases for the
past year were each approximately 3 percent.
Mr. Miller noted that the 15.2 percent growth in residential
real estate assessed value is more than twice the increases
in population and cost of living together.
Mr. Carmody continued to review real estate trends from 2001
to 2006, including commercial/industrial growth rates and
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number of single and multi-family building permits. He stated
personal property taxes maintain the current rate of $3.60
per $100, and staff is projecting a conservative 1.6 percent
increase in property tax revenues for 2006 due to the
potential impact of decal elimination. He noted FY2007 and
FY2008 anticipate normal growth rates. He provided details of
the number of new and used car registrations and the
percentage change of personal property revenue. He stated
local sales tax receipts have been strong for the third
consecutive year, indicating that staff is projecting a 3.3
percent increase for FY2006 over the FY200S receipts. He
reviewed local sales tax percentage change and regional ~
distribution. He noted the county is beginning to draw sales
from Henrico, indicating that Chesterfield now records 29.7
percent of the region's retail sales.
Discussion ensued relative to the decreased growth rate in
local sales tax from FY200S to FY2006 and the gap between
Chesterfield and Henrico in various sales categories.
Mr. Carmody reviewed FY2007 General Fund sources and uses. He
stated departmental budgets generally assume a 4 percent
savings due to management of turnover. He further stated
additional funding requests of approximately $14 million for
FY2007 are not addressed at this time. He reviewed proposed
fee changes in FY2007 and FY2008 in Building Inspection;
Utili ties; Waste and Resource Recovery; and the Sheriff's
Office. Finally, he reviewed the schedule for the remaining
budget work sessions.
There was brief discussion relative to the Waste and Resource
cost reduction option of reducing the operating hours at
transfer stations.
,-"",'
Mr. Carmody
overview of
budget.
called forward Mr. Braunstein to present an
the Communi ty Services Board's proposed FY2007
Mr. Braunstein
Board present
Maria Brown,
accomplishments.
introduced members of the Community Services
at the meeting. He then called forward Ms.
Chair of the CSB, to discuss CSB
Ms. Brown stated the CSB is currently serving over 6,000
citizens with services that can include daily contact. She
further stated, up to this point, the CSB has met the
challenge of responding to the service needs of county
residents and expressed concerns that their resources will be
insufficient to respond to citizens' needs in the future. She
reviewed accomplishments during the past year and stated the
CSB continues to creatively manage a complex system of
funding streams to maximize the delivery of best practice
services. She stated the Chesterfield CSB has partnered with
other regional community service boards to convert state
funds into services for county citizens in crisis
stabilization programs, the regional jail and even in their
homes. She then introduced Mr. Angel Torres, Vice Chair of
the CSB, to present some of the challenges anticipated in the
coming year.
"-'"
Mr. Torres stated there has been a lot of publicity regarding
the potential growth in state financial support for the
Embl.ot= men.ta~ heal th system and recommend ~ t'l ' ' , - ·
eo nat the Board
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take a cautious approach before assuming that this will
address some of the critical needs of Chesterfield citizens.
He reviewed revenue history from FY2003 through FY2007,
indicating that only the support from local funds has shown
any significant growth. He stated the CSB anticipates an
increasing need for services from some key populations and
expressed concerns that school-age children, adolescents and
their families currently wait up to three months before being
able to receive services from the Child and Adolescent
Support Services Team. He also expressed concerns relative to
the 6-12 week waiting list to see a psychiatrist for medical
services; increase in the overall demand for adult substance
abuse services; and the inability of the CSB to provide
speech and language services to over 20 infants annually. He
stated, in addition to a growing urgent waiting list of
citizens with mental retardation who need an extensive amount
of community services, there is an increasing number of
citizens with a milder level of disability who are not
eligible for any state or federal funding, and the eSB needs
to develop increased community services for all of these
citizens, especially as members of their support system are
aging. He expressed concerns relative to inadequate space for
the addi tional programs and services that are needed. He
stated the CSB looks forward to working with the Board and
county leaders to continue meeting its challenges while doing
its best to maintain services.
Mr. Miller inquired about the increased demand for mental
health services compared with increased population.
Mr. Braunstein stated services provided by the Chesterfield
CSB have attracted some new residents. He further stated he
believes the economy has also played a role in the growing
demand for CSB services because of the number of residents
who are either uninsured or have poor insurance coverage.
In response to Mr. Miller's questions, Mr. Braunstein stated
CSB services are limited to Chesterfield residents. He
further stated increased demand for mental health services
has not been specific to the adolescent population alone. He
noted additional Medicaid and federal funding has been
received to provide some services that had not been provided
in the past. He stated he does not know the number of illegal
immigrants being treated, but believes it to be a very small
number.
In response to Mrs. Humphrey's question,
stated the CSB is hopeful that state
available to provide speech and language
infants in need of services.
Mr. Braunstein
funding will be
services to all
Mr. King stated growth in the demand for services could be a
result of the progressive role the Chesterfield CSB plays in
providing services.
Mr. Braunstein stated he believes it is also a tribute to the
excellent staff.
Mr. King thanked Mr. Braunstein and members of the CSB for
their dedicated service to Chesterfield residents.
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02/08/06
7. DEFERRED ITEMS
There were no deferred items at this time.
8. NEW BUSINESS
8.A. APPOINTMENTS
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
suspended its rules at this time to allow for simultaneous
nomination/appointment of members to serve on the Disability
Services Board and the Community Criminal Justice Board.
----'
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8.A.1. DISABILITY SERVICES BOARD
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
simultaneously nominated/appointed Ms. J. Leigh Amason,
representing the county at-large, to serve on the Disability
Services Board, whose term is effective immediately and
expires December 31, 2008.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8.A.2. COMMUNITY CRIMINAL JUSTICE BOARD
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board ----'
simultaneously nominated/appointed Mr. William B. Bray and
Mr. Todd B. Wilson to serve on the Community Criminal Justice
Board. (It is noted Mr. Bray is the newly elected
Commonwealth's Attorney for Colonial Heights and would
replace Mr. Michael W. Lee, with a term expiration of June
30, 2006. It is further noted Mr. Wilson is the newly elected
Sheriff for Colonial Heights and would replace Mr. Wave B.
Tench, III, with a term expiration of June 30, 2006.)
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8.B. CONSIDERATION OF AMENDMENTS TO THE 2006 PROCEDURES OF
THE BOARD OF SUPERVISORS TO PROVIDE FOR A CITIZEN
COMMENT PERIOD AT BOARD MEETINGS
Mr. Ramsey stated the Board directed staff to review the
current procedure used for citizens speaking to the Board. He
further stated staff considered the recommendation made by a
citizen, Ms. Brenda Stewart, in making its recommendation to
the Board. He stated staff recommends that the Board schedule --/
citizens to speak during citizen comment period on
unscheduled matters at the end of the evening agenda; limit
discussion to five minutes per person with a total public
comment period of 30 minutes; not allow comments on agenda
items that were considered earlier on the meeting'S agenda;
not allow speakers to yield their time to other citizens;
notify the Clerk by 5 p.m. on the day prior to the Board
meeting of the citizens' intent to speak and indicate the
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02/08/06
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topic; and the Clerk will call speakers in the order notified
of their intent to speak. He stated this will reduce the time
that citizens must notify the Clerk of their intent to speak
from seven days to one day; eliminate the screening of
requests to try and deal with administrative matters; and
move the time for citizens to speak during citizen comment
period on unscheduled matters to the end of evening session
to allow county business to be conducted at public hearings
prior to listening to comments from individual citizens.
Mr. King thanked Mr. Ramsey for staff's recommendation
regarding the procedural change. He expressed concerns
relative to citizens' perception of being denied their First
Amendment rights. He stated he would like to hold a public
hearing and allow the citizens to voice their opinions
regarding public comment time prior to amending the Board's
procedures.
Mr. King made a motion, seconded by Mr. Warren, for the Board
to set the date of February 22, 2006 at 7: 00 p.m. for a
public hearing to consider amendments to the 2006 procedures
of the Board of Supervisors to provide for a citizen comment
period at Board meetings.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8.C. CONSENT ITEMS
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8.C.l. CONSIDERATION OF AN AMENDMENT TO SECTION 6 OF THE
2006 PROCEDURES OF THE BOARD OF SUPERVISORS
On motion of Mr. Miller, seconded by Mr. Barber, the Board
adopted an amendment to Section 6 of the 2006 Procedures of
the Board of Supervisors deleting the prohibition against
engaging in personal attacks.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8.C.2. SET DATES FOR PUBLIC HEARINGS
8.C.2.a. TO CONSIDER THE APPROPRIATION OF UP TO $30,000,000
IN PAYMENT TO THE ESCROW AGENT FOR ADVANCE
REFUNDING OF SERIES 1999A, SERIES 2001A, AND SERIES
2002A GENERAL OBLIGATION BONDS AND CLOSING COSTS,
AND ADOPT A RESOLUTION FOR THE ADVANCE REFUNDING
On motion of Mr. Miller, seconded by Mr. Barber, the Board
set the date of February 22, 2006 at 7:00 p.m. for a public
hearing to consider the appropriation of up to $30,000,000 in
payment to the escrow agent for advance refunding of Series
1999A, Series 2001A, and Series 2002A general obligation
bonds and closing costs.
And, further, the Board adopted the following resolution:
A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE, SALE
AND DELIVERY OF AN ISSUE OF NOT TO EXCEED THIRTY MILLION
DOLLARS ($30,000,000) PRINCIPAL AMOUNT OF GENERAL OBLIGATION
PUBLIC IMPROVEMENT REFUNDING BONDS OF THE COUNTY OF
CHESTERFIELD, VIRGINIA, FOR THE PURPOSE OF REFUNDING IN
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ADVANCE OF THEIR STATED MATURITIES ALL OR A PORTION OF THE
COUNTY'S OUTSTANDING GENERAL OBLIGATION PUBLIC IMPROVEMENT
BONDS, SERIES A OF 1999, ALL OR A PORTION OF THE COUNTY'S
OUTSTANDING GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS,
SERIES OF 2001, ALL OR A PORTION OF THE COUNTY'S OUTSTANDING
GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES OF 2002
AND ALL OR 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
AND DELEGATING TO THE COUNTY ADMINISTRATOR CERTAIN POWERS
WITH RESPECT THERETO; AUTHORIZING AND PROVIDING FOR THE -/
PREPARATION AND DISTRIBUTION OF A PRELIMINARY OFFICIAL
STATEMENT AND AN OFFICIAL STATEMENT RELATING TO SUCH BONDS i
AND PROVIDING WITH RESPECT TO CERTAIN OTHER MATTERS RELATED
THERETO
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE
COUNTY OF CHESTERFIELD, VIRGINIA:
SECTION 1. Findings and Determination. (a)
Pursuant to Chapter 5.1 of Title 15.1 of the Code of
Virginia, 1950, recodified effective December 1, 1997 as
Chapter 26 of Title 15.2 of the Code of Virginia, 1950, the
same being the Public Finance Act of 1991 (the "Public
Finance Act of 1991") an election duly called and held in the
County of Chesterfield, Virginia (the "County") on
November 5, 1996 and an Order of the Circui t Court of the
County, dated January 6, 1997, and pursuant to a resolution
duly adopted by this Board on December 10, 1997, there were
authorized to be issued, sold and delivered the County's
$29,620,000 principal amount of General Obligation Public
Improvement Bonds, Series A of 1999, dated January 15, 1999
and maturing in varying principal amounts on January 1 in
each of the years 2000 to 2019, both inclusive (the "Series A
of 1999 Bonds").
,
'-
(b) Pursuant to the Public Finance Act of 1991 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 duly adopted by this Board on December 10, 1997,
there were authorized to be issued, sold and delivered the
County's $60,355,000 principal amount of General Obligation
Public Improvement Bonds, Series of 2001, dated February 15,
2001 and maturing in varying principal amounts on January 15
in each of the years 2002 to 2021, both inclusive (the
"Series of 2001 Bonds").
(c) Pursuant to the Public Finance Act of 1991 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 duly adopted by this Board on December 10, 1997,
there were authorized to be issued, sold and delivered the
County's $23,280,000 principal amount of General Obligation
Public Improvement Bonds, Series of 2002, dated January 15,
2002 and maturing in varying principal amounts on January 15
in each of the years 2003 to 2022, both inclusive (the
"Series of 2002 Bonds").
~'
(d) Pursuant to the Public Finance Act of 1991,
the County has heretofore authorized to be issued, sold and
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02/08/06
delivered one or more series of the County's General
Obligation Public Improvement Bonds in addition to the
Series A of 1999 Bonds, the Series of 2001 Bonds and the
Series of 2002 Bonds.
-
(e)
Act of 1991
inclusive, of
the County is
any or all
maturities.
Pursuant to Article 5 of the Public Finance
(Sections 15.2-2643 through 15.2-2649, both
the Code of Virginia, 1950, as now in effect),
authorized to issue refunding bonds to refund
of its bonds in advance of their stated
(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 A of 1999 Bonds, the Series of 2001
Bonds and the Series of 2002 Bonds and all or a portion of
the outstanding maturities of one or more other series of the
County's general obligation public improvement bonds (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 5 of the
Public Finance Act of 1991 (Sections 15.2-2643 through 15.2-
2649, both inclusive, of the Code of Virginia, 1950, as now
in effect) of an issue of General Obligation Public
Improvement Refunding Bonds for the purpose of refunding in
advance of their stated maturities all or a portion of the
Refunded Bonds.
,.--...
SECTION 2. Authorization of General Obligation
Public Improvement Refunding Bonds. For the purpose of
refunding in advance of their stated maturities all or a
portion of the bonds described in Section 1, 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 $30,000,000 to be
designated and known as "General Obligation Public
Improvement Refunding Bonds" (the "Bonds"). The Bonds are to
be issued pursuant to the provisions of Chapter 26 of
Title 15.2 of the Code of Virginia, 1950, as now in effect
(the same being the Public Finance Act of 1991).
SECTION 3. Approval of the Details and Sale of
the Bonds. The Bonds shall be dated such date, shall bear
interest from their date payable on such date and
semiannually thereafter and shall have such series
designation as shall be determined by the County
Administrator. The Bonds shall mature and become due and
payable on such date or dates not exceeding twenty (20) years
from their date and in such principal amounts on each such
date as shall be determined by the County Administrator. The
Bonds may be sold contemporaneously with any other bonds of
the County.
(b) (i) The Bonds shall be issued only in fully
registered form. One Bond representing each maturity of the
Bonds will be issued to and registered in the name of Cede &
Co., as nominee of The Depository Trust Company, New York,
New York ("DTC"), or in the name of such other nominee of DTC
as may be requested by an authorized representative of DTC,
as registered owner of the Bonds, and each such Bond shall be
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02/08/06
immobilized in the custody of DTC. DTC will act as
securities depository for the Bonds. Individual purchases
will be made in book-entry form only, in the principal amount
of $5,000 or any integral multiple thereof. Purchasers will
not receive physical delivery of certificates representing
their interests in the Bonds purchased.
(ii) Principal and interest payments on the
Bonds will be made by the County by wire transfer to DTC or
its nominee, Cede & Co., or such other nominee of DTC, as
registered owner of the Bonds, which will in turn remit such
payments to the DTC participants for subsequent disbursal to
the beneficial owners of the Bonds. Transfers of principal
and interest payments to DTC participants will be the
responsibility of DTC. Transfers of such payments to
beneficial owners of the Bonds by DTC participants will be
the responsibility of such participants and other nominees of
such beneficial owners. Transfers of ownership interests in
the Bonds will be accomplished by book entries made by DTC
and, in turn, by the DTC participants who act on behalf of
the indirect participants of DTC and the beneficial owners of
the Bonds.
(iii) The County will not be responsible or
liable for sending transaction statements or for maintaining,
supervising or reviewing records maintained by DTC, its
participants or persons acting through such participants or
for transmitting payments to, communicating with, notifying,
or otherwise dealing with any beneficial owner of the Bonds.
So long as the Bonds are in book-entry only form, the County
Treasurer will serve as Registrar and Paying Agent for the
Bonds. The County reserves the right to designate a
successor Registrar and Paying Agent for the Bonds if the
Bonds at any time cease to be in book-entry only form.
(c) The Bonds shall be subject to redemption at
the option of the County prior to their stated maturities, in
whole or in part at any time, on such dates and with such
redemption premiums, if any, as shall be determined by the
County Administrator.
(d) In accordance with and subject to the
provisions of the Detailed Notice of Sale of the Bonds,
bidders may provide that all the Bonds shall be issued as
serial Bonds or may provide that any two or more consecutive
annual principal amounts shall be combined into one or more
term Bonds. If the successful bidder designates principal
amounts to be combined into one or more term Bonds, each such
term Bond shall be subject to mandatory sinking fund
redemption commencing on such date in the first year which
has been combined to form such term Bond and continuing on
such date in each year thereafter until the stated maturity
date of that term Bond. The amount redeemed in any year
shall be equal to the principal amount of serial Bonds that
would otherwise have matured in such year. Bonds to be
redeemed in any year by mandatory sinking fund redemption
shall be redeemed at par and shall be selected by lot from
among the Bonds then subject to redemption. The County, at
its option, may credit against any mandatory sinking fund
redemption requirement term Bonds of the maturity then
subject to redemption which have been purchased and cancelled
by the County or which have been redeemed and not theretofore
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'"'-'"
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.-...-/
applied as a credit against any mandatory sinking fund
redemption requirement.
-
(e) If any Bond (or any portion of the principal
amount thereof in installments of $5,000) shall be subject to
redemption and shall be called for redemption, notice of the
redemption thereof, specifying the date, number and maturity
of such Bond, the date and place or places fixed for its
redemption and if less than the entire principal amount of
such Bond is to be redeemed, that such Bond must be
surrendered in exchange for the principal amount thereof to
be redeemed and a new Bond or Bonds issued equalling in
principal amount that portion of the principal amount thereof
not to be redeemed, shall be mailed not less than thirty (30)
days prior to the date fixed for redemption by first class
mail, postage prepaid, to the registered owner of such Bond
at his address as it appears on the books of registry kept by
the Registrar for the Bonds. The Registrar shall not be
required to exchange or transfer any Bond later than the
close of business on the forty-fifth (45th) day next
preceding the date fixed for redemption of such Bond or any
portion thereof. If notice of the redemption of any Bond
shall have been given as aforesaid, and payment of the
principal amount of such Bond (or the portion of the
principal amount thereof to be redeemed) and of the accrued
interest payable upon such redemption shall have been duly
made or provided for, interest on such Bond shall cease to
accrue from and after the date so specified for redemption
thereof. So long as the Bonds of any series are in book-
entry only form, any notice of redemption will be given only
to DTC or its nominee. The County shall not be responsible
for providing any beneficial owner of the Bonds with notice
of redemption.
SECTION 4. Appointment of County Treasurer as
Registrar and Paying Agent; Payment of Bonds; Books of
Registry; Exchanges and Transfers of Bonds. (a) Appointment
of Registrar and Paying Agent. The County Treasurer is
hereby appointed Registrar and Paying Agent for the Bonds
(hereinafter referred to as the "Registrar").
(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 the Bonds shall be payable at the office of the
Registrar; provided, however, that so long as the Bonds are
in book-entry only form and registered in the name of Cede &
Co., as nominee of DTC, or in the name of such other nominee
of DTC as may be requested by an authorized representative of
DTC, interest on the Bonds shall be paid directly to Cede &
Co. or such other nominee of DTC by wire transfer.
(ii) At any time during which the Bonds shall
be in book-entry form, the principal of and interest on the
Bonds shall be payable in accordance with the arrangements
made with the depository for the Bonds.
(iii) The principal of and interest on the
Bonds shall be payable in such coin or currency of the United
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States of America as at the respective dates of payment is
legal tender for public and private debts. Interest on the
Bonds shall be calculated on the basis of a 360-day year
consisting of twelve 30-day months.
(c) Books of Registry; Exchanges and Transfers of
Bonds. (i) At all times during which any Bond remains
outstanding and unpaid, the Registrar shall keep or cause to
be kept at its office, books of registry for the
registration, exchange and transfer of the Bonds. Upon
presentation at the office of the Registrar for such purpose,
the Registrar, under such reasonable regulations as it may ---/
prescribe, shall register, exchange, transfer, or cause to be
registered, exchanged or transferred, on the books of
registry the Bonds as herein set forth.
(ii) Any Bond may be exchanged at the office
of the Registrar for a like aggregate principal amount of
such Bonds in other authorized principal amounts of the same
interest rate and maturity.
(iii) Any Bond may, in accordance with its
terms, be transferred upon the books of registry by the
person in whose name it is registered, in person or by his
duly authorized agent, upon surrender of such Bond to the
Registrar for cancellation, accompanied by a written
instrument of transfer duly executed by the registered owner
in person or his duly authorized agent, in form satisfactory
to the Registrar.
(i v) All transfers or exchanges pursuant to
this Section 4(c) shall :be made without expense to the
registered owners of the Bonds, except as otherwise herein
provided, and except that the Registrar shall require the
payment by the registered owner of any Bond requesting such
transfer or exchange of any tax or other governmental charges
required to be paid with respect to such transfer or
exchange. All Bonds surrendered pursuant to this Section
4(c) shall be cancelled.
-........,r
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
, --",,'
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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
consti tute cause for failure or refusal by the successful
bidder for the Bonds to accept delivery of and pay for the
Bonds in accordance with the terms of its bid to purchase the
Bonds. No such number shall constitute or be deemed to be a
part of any Bond or a part of the contract evidenced thereby
and no liability shall attach to the County or any of its
officers or agents because of or on account of any such
number or any use made thereof.
SECTION 6. Tax Covenant. 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, the Board of Supervisors is authorized and required
to levy and collect annually, at the same time and in the
same manner as other taxes in the County are assessed, levied
and collected, a tax upon all taxable property wi thin the
County, over and above all other taxes, authorized or limited
by law and without limitation as to rate or amount,
sufficient to pay when due the principal of and interest on
the Bonds to the extent other funds of the County are not
lawfully available and appropriated for such purpose.
SECTION 8. Form of Bonds. The Bonds shall be in
substantially the form set forth in Exhibit A with such
necessary or appropriate variations, omissions and insertions
as are incidental to their numbers, interest rates and
maturities or as are otherwise permitted or required by law
or this resolution.
,-
SECTION 9. Preparation and Distribution of
Preliminary Official Statement and Preparation, Execution and
Delivery of Official Statement; Preliminary Official
Statement "Deemed Final" for Purposes of Securities and
Exchange Commission Rule 15c2-12. (a) The County Administrator
and other appropriate officials and employees of the County
are hereby authorized and directed to prepare and distribute,
or cause to be prepared and distributed, to prospective
purchasers of the Bonds a Preliminary Official Statement
relating to the Bonds. All actions taken by the officials,
employees, agents and attorneys of the County with respect to
the preparation and distribution of such Preliminary Official
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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
purchasers of the Bonds the final Official Statement
to the Bonds in accordance with the provisions
Detailed Notice of Sale relating to the Bonds.
of the
relating
of the
(d) The Preliminary Official Statement shall be
"deemed final" as of its date for purposes of Rule 15c2-12
promulgated by the Securities and Exchange Commission
pursuant to the Securities Exchange Act of 1934 ("Rule 15c2-
12") except for the omission of information permitted to be
omitted by Rule 15c2-12. The County Administrator is hereby
authorized to execute and deliver to the representative of
the purchasers of the Bonds a certificate dated the date of
the Preliminary Official Statement stating that the
Preliminary Official Statement is deemed final by the County
for purposes of Rule 15c2-12 as of its date.
SECTION 10. Sale of Bonds. (a) There is hereby
delegated to the County Administrator authority, without
further action by the Board of Supervisors, to sell the Bonds
authorized for issuance under this resolution in accordance
with the provisions hereof at competitive sale at such price,
plus accrued interest thereon from their date to the date of
delivery thereof and payment therefor, and on such other
terms and conditions as shall be provided in the Detailed
Notice of Sale relating to the Bonds. The County
Administrator is hereby authorized to cause to be prepared,
published and distributed a Detailed Notice of Sale of the
Bonds in such form and containing such terms and conditions
as he may deem advisable, subject to the provisions hereof.
In lieu of publishing the full text of the Detailed Notice of
Sale of the Bonds in accordance with the provisions of the
immediately preceding sentence, the County Administrator is
hereby authorized to cause a Summary Notice of Sale of the
Bonds in such form as the County Administrator shall approve
to be published in The Bond Buyer on a date selected by the
County Administrator.
(b) The County Administrator is hereby authorized
to receive bids for the purchase of the Bonds and, without
further action by the Board of Supervisors, to accept the bid
offering to purchase the Bonds at the lowest true interest
cost to the County, computed in accordance with the
provisions of the Detailed Notice of Sale; provided (i) that
such bid is accompanied by a surety bond meeting the
conditions specified in the Detailed Notice of Sale and is
otherwise in conformity with the Detailed Notice of Sale and
(ii) that the true interest cost to the County as specified
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-.-/
in such bid is not in excess of four and one-half percent
(4.50%) . The County Administrator is hereby further
authorized to determine, or to modify the provisions of this
resolution with respect to, the dated date of the Bonds, the
interest payment dates for the Bonds, the dates on which the
Bonds shall mature and the principal amount of the Bonds
maturing on each such maturity date and to fix the rates of
interest to be borne by the Bonds of each maturity as
specified in the bid accepted by 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. The County Administrator,
the Director of Accounting and the County Attorney are hereby
authorized to execute and deliver to the purchasers of the
Bonds one or more certificates in the forms provided for in
the Official Statement relating to the Bonds.
SECTION 11. Authorization to Designate the
Refunded Bonds for Redemption; Authorization to Select An
Escrow Agent; Authorization to Enter into an Escrow Deposit
Agreement; Authorization to Select a Verification Agent. (a)
Subject to the sale and receipt of the proceeds of the Bonds,
the County Administrator is hereby authorized to designate
the Refunded Bonds for redemption on such date or dates as
the County Administrator shall determine and is hereby
further authorized to request the County Treasurer, as
Registrar and Paying Agent for the Refunded Bonds, to cause
the notice of the redemption of the Refunded Bonds to be
given in accordance with the provisions of the proceedings
authorizing the issuance of the Refunded Bonds.
(b) The County Administrator is hereby authorized,
in his discretion, to select a bank or trust company to
serve, or the County may itself serve, as Escrow Agent, if
necessary, and to deliver to such Escrow Agent or applicable
County officials irrevocable written instructions to give
notices, or to cause such notices to be given, in the name
and on behalf of the County, to the holders of the Refunded
Bonds of the redemption of such Refunded Bonds on the dates
fixed for the redemption thereof, such notices to be given in
the manner and at the time or times provided in proceedings
authorizing the issuance of the Refunded Bonds.
-
(c) The County Administrator is hereby authorized,
in his discretion, to execute and deliver an Escrow Deposit
Agreement by and between the County and the Escrow Agent in
such form as shall be approved by the County Administrator
upon the advice of counsel (including the County Attorney or
Bond Counsel), such approval to be conclusively evidenced by
the execution of the Escrow Deposit Agreement by the County
Administrator.
(d) The County Administrator is hereby authorized
to select a verification agent, if necessary, in connection
with the refunding of the Refunded Bonds.
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SECTION 12. Authorization to Purchase Government
Securities. The County Administrator or the County Treasurer
is hereby authorized to execute, on behalf of the County,
subscriptions for united States Treasury Obligations - State
and Local Government Series, if any, to be purchased by the
County in connection with the refunding of the Refunded
Bonds. Such United States Treasury Obligations - State and
Local Government Series, if any, so purchased shall be held
by or on behalf of the County Treasurer or by the Escrow
Agent under and in accordance with the provisions of any
Escrow Deposit Agreement entered into in connection with the
refunding of the Refunded Bonds. The County Administrator
and or the County Treasurer is hereby authorized to enter
into such purchase agreE~ments, including forward supply
agreements, if any, as shalll be required in connection with
the refunding of the Refunded Bonds providing for the
purchase by or on behalf of the County in the open market of
direct general obligations of, or obligations the payment of
the principal of and interest on which are unconditionally
guaranteed by, the United States of America. The County
Administrator or the County Treasurer is hereby authorized to
sell any securities held by the Escrow Agent under and in
accordance with the provisions of the Escrow Deposi t
Agreement and to purchasl9 securi ties in lieu of and in
substitution therefor.
SECTION 13. Filing of This Resolution. The County
Attorney is hereby authorized and directed to file a copy of
this resolution, certified by the Clerk of the Board of
Supervisors to be a true and correct copy hereof, with the
Circuit Court of the County of Chesterfield.
SECTION 14. Invalidity of Sections, Paragraphs,
Clauses or Provisions. If any section, paragraph! clause or
provision of this resolution shall be held invalid or
unenforceable for any reason, the invalidity or
unenforceability of such section, paragraph, clause or
provision shall not affect any of the remaining portions of
this resolution.
-
SECTION 15. Headings of Sections. The headings of
the sections of this resolution shall be solely for
convenience of reference and shall not affect the meaning,
construction, interpretation or effect of such sections or of
this resolution.
SECTION 16. Effective Date.
take effect upon its adoption.
This resolution shall
EXHIBIT A
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
COUNTY OF CHESTERFIELD
GENERAL OBLIGNrION PUBLIC IMPROVEMENT
REFUNDING BOND, SERIES __ OF 200
-'
REGISTERED
REGISTERED
No. R-
$
INTEREST RATE: MATURITY DATE
DATE OF BOND:
CUSIP NO.
%
--,
-'
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20_
200
REGISTERED OWNER: CEDE & CO.
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 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; provided,
however, that so long as this Bond is in book-entry only form
and registered in the name of Cede & Co., as nominee of The
Depository Trust Company ("DTC"), or in the name of such
other nominee of DTC as may be requested by an authorized
representative of DTC, interest on this Bond shall be paid
directly to Cede & Co. or such other nominee of DTC by wire
transfer. 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
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resolution duly adopted by the Board of Supervisors of the
County under the Public Finance Act of 1991.
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 Bond or portions
thereof shall be selected by lot), at a redemption price
equal to the principal amount of the Bonds to be redeemed,
together with the interest accrued on the principal amount to
be redeemed to the date fixed for the redemption thereof.
If this Bond is redeemable and this Bond (or any
portion of the principal amount hereof in installments of
$5,000) sha.ll be called for redemption, notice of the
redemption hereof, speci fying the date, number and maturity
of this Bond, the date and place or places fixed for its
redemption and if less than the entire principal amount of
this Bond is to be redeemed, that this Bond must be
surrendered in exchange for the principal amount hereof to be
redeemed and a new Bond or Bonds iSSUE!d equalling in
principal amount that portion of the principal amount hereof
not to be redeemed, shall be mailed not less than thirty (30)
days prior to the date fixed for redemption by first class
mail, postage prepaid, to the Registered Owner of this Bond
at his address as it appears on the books of registry kept by
the Registrar for the Bonds" The Registrar shall not be
required to exchange or transfer this Bond later than the
close of business on the forty-fifth (45th) next day
preceding the date fixed for redemption of this Bond or any
portion hereof. If notice of the redemption of this Bond
shall have been given as aforesaid, and payment of the
principal amount of this Bond (or the portion of the
principal amount hereof to be redeemed) and of the accrued
interest payable upon such redemption shall have been duly
made or provided for, interest hereon shall cease to accrue
from and after the date so specified for redemption hereof.
Subject to the limitations and upon payment of the
charges, if any, provided in the proceedings authorizing the
Bonds of the series of which this Bond is one, this Bond may
be exchanged at the office of the Regist.rar for a like
aggregate principal amount of Bonds of the issue of which
this Bond is one, of other authorized principal amounts of
the same interest rate and maturity. rrhis Bond is
transferable! by the Registered Owner hereof, in person or by
his attorney duly authorized in writing, at the 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 issue 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 unpa.id, the Board of
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Supervisors is authorized and required to levy and collect
annually, at the same time and in the same manner as other
taxes in the County are assessed, levied and collected, a tax
upon all taxable property within the County, over and above
all other taxes, authorized or limited by law and without
limitation as to rate or amount, sufficient to pay when due
the principal of and interest on this Bond to the extent
other funds of the County are not lawfully available and
appropriated for such purpose.
This Bond shall not be valid or obligatory unless
the certificate of authentication hereon shall have been
manually signed by or on behalf of the Registrar.
It is hereby certified, recited and declared that
all acts, conditions and things required to have happened, to
exist and to have been performed precedent to and in the
issuance of this Bond and the series of which it is one, do
exist, have happened and have been performed in regular and
due time, form and manner as required by law, and that this
Bond and the Bonds of the series of which this Bond is one do
not exceed any constitutional or statutory limitation of
indebtedness.
IN WITNESS WHEREOF, the County, by its Board of
Supervi sors , has caused thi s 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 __,
200_.
[ SEAL]
Attest:
Clerk of the Board of
Supervisors
Chairman of the Board of
Supervisors
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds delivered pursuant to
the within-mentioned proceedings.
County Treasurer, as Registrar
Date of Authentication:
ASSIGNMENT
assign(s)
unto
For value received, the undersigned hereby sell(s),
and transfer(s)
(Please print or type name and address, including postal zip
code, of transferee)
PLEASE INSERT SOCIAL SECURITY
OR OTHER TAX IDENTIFYING NUMBER
OF TRANSFEREE:
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the within
irrevocably
attorney, to
registration
premises.
Bond and all rights thereunder, and hereby
constitutes and appoints
transfer such Bond on the books kept for the
thereof, with full power of substitution in the
Dated:
Signature Guaranteed:
NOTICE: Signature(s) must be
guaranteed by a member firm
of The New York Stock
Exchange, Inc. or a
commercial bank or trust
company.
(Signature of Registered
Owner)
NO'I'ICE: The signature above
must correspond with the
name of the Registered
Owner as it appears on the
front of this Bond in every
particular, without
alteration, enlargement or
any change whatsoever.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8 . C . 2 . b. TO CONS:IDER THE APPROPR:IAT:ION OF :INTEREST EARNED
FROM THE CHESTERF:IELD/APPOMATTOX R:IVER WATER
AUTHOR:ITY (ARWA) "WATER TREATMENT PLANT EXPANS:ION
PROJECT FUND"
_-r
On motion of Mr. Miller, seconded by Mr. Barber, the Board
set the date of March 8, 2006 at 7:00 p.m. for the Board to
consider the appropriation of $778,500 in interest earned
from the "Chesterfield/Appomattox River Water Authority Water
Treatment Plant Expansion Proj ect Fund" (the Escrow Fund) to
supplement project funds.
Ayes: King, Miller, Barber, Humphrey a.nd Warren.
Nays: None.
8.C.3. REQUEST TO QU:ITCLA:IM A PORT:ION OF A S:IXTEEN-FooT
WATER EASEMENT ACROSS THE PROPERTY OF PR:IST:INE
DEVELOPMENT, LLC
On motion of Mr. Miller, seconded by Mr. Barber, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a qui t.claim deed to vacate a --
portion of a 16-foot water easement across the property of
pristine Development, LLC. (It is noted a copy of the plat
is filed with the papers of this Board.)
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
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8.C.4. ACCEPTANCE OF PARCELS OF LAND
8.C.4.a. ALONG K:INGSLAND ROAD FROM LE:IGH'S LAND, L.L.C.
On motion of Mr. Miller, seconded by Mr. Barber, the Board
accepted the conveyance of a parcel of land containing 0.263
acres along Kingsland Road (State Route 611) from Leigh's
Land, L.L.C., and authorized the County Administrator to
execute the deed. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8 . C . 4 . b . ALONG :IRON BR:IDGE ROAD FROM DOWL:ING ENTERPR:ISES,
LLC
On motion of Mr. Miller, seconded by Mr. Barber, the Board
accepted the conveyance of a parcel of land containing 0.226
acres along Iron Bridge Road (State Route 10) from Dowling
Enterprises, LLC, and authorized the County Administrator to
execute the deed. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
-
8.C.5. :INITIAT:ION OF AN APPL:ICAT:ION FOR CONDITIONAL USE TO
PERM:IT A WATER PUMP STATION AND TANK
On motion of Mr. Miller, seconded by Mr. Barber, the Board
ini tiated an application for conditional use to permit a
water pump station and storage tank on property at 11730
River Road, PIN 7466302124 and appointed John Harmon, County
Right of Way Manager as the Board's agent. (It is noted a
copy of the vicinity sketch is filed with the papers of this
Board. )
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8.C.6. ADOPTION OF RESOLUT:IONS
8.C.6.a. RECOGN:IZ:ING THE CONTR:IBUT:IONS OF USS CHESTERF:IELO
COUNTY (LST-551) TO THE NATION'S DEFENSE EFFORTS
On motion of Mr. Miller, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, LST (Landing Ship Tank) 551 was built by the
Missouri Valley Bridge and Iron Company in Evansville,
Indiana; and
WHEREAS, the keel for the ship was laid down on January
15, 1944, and LST-551 was launched on March 11, 1944; and
WHEREAS, the ship was subsequently commissioned on April
10, 1944 and entered service with the U. S. Navy; and
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WHEREAS, I.ST-551 and her crew were assigned to duties in
the European theater and participated in the invasion of
southern France in August and September of 1944; and
WHEREAS, t.he ship and crew continued to serve during the
Allied occupation of Europe until ~July 1945; and
WHEREAS, for the next 10 years, LST-551 performed post-
war service while assigned to Commander, Amphibious Force, U.
S. Atlantic Fleet; and
WHEREAS, on July 1, 1955,
CHESTERFIELD COUNTY (LST-551),
Virginia and South Carolina; and
LST-551 was designated
named after counties in
WHEREAS, t.he ship was again commissioned on December 21,
1965 and operated off Vietnam in 1966 and 1967 until she was
decommissioned and struck from the Navy list on June 1, 1970;
and
WHEREAS, during her many years of service to the nation,
LST-551 and her crew performed admirably and earned one
battle star for World War II service and two for Vietnam
service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 8th day of February 2006,
hereby rec09nizes the contributions of USS CHESTERFIELD
COUNTY (LST-~)51) to the nation's defense efforts, thanks all
those who served aboard the vessel for their service, and
extends to the USS CHESTERFIELD COUNTY reunion committee best
wishes on the 62nd anniversary of the commissioning of the
ship.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8.C.6.b. RECOGN:IZ:ING SERGEANT PAIGE B. SAUNDERS, SHER:IFF'S
2!!':ICE, UPON HER RET:IREMEN!
On motion of the Mr. Miller, seconded by Mr. Barber, the
Board adopted the following resolution:
WHEREAS, Sergeant Paige B. Saunders began her public
service with Chesterfield County in 1990 as a Deputy Sheriff,
serving in the Correctional Services Bureau, supervising
inmates entrusted to the Sheriff's care; and
WHEREAS, Sergeant Saunders served as a Field
Officer, ensuring that newly hired deputies
comprehensivE~ training in jail operations; and
'rraining
received
WHEREAS, Sergeant Saunders was a member of the Sheriff's
Office Special Operations Response Team from 1991 to 1995
where, in addition to other responsibilities, she was
certified as a rappel tower operator; and
WHEREAS, Sergeant Saunders, in addition to earning a
Bachelors Degree from Virginia Tech, demonstrated her
commi tment to ongoing education and training by obtaining a
Career Studies Certificate in Administration of Justice from
John Tyler Community College and by completing the
Chesterfield County Supervisory Leadership Instit.ute; and
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02/08/06
WHEREAS, Sergeant Saunders received numerous instances
of praise and commendation from her co-workers and
supervisors, including being named Employee of the Quarter
for the third quarter of 1993; and
~
WHEREAS, Sergeant Saunders was instrumental in the
Sheriff's Office successful conversion from revolvers to
semi-automatic pistols through her service as a sub-team
leader for the Sheriff's Office Weapons Process Action Team;
and
WHEREAS, Sergeant Saunders, after her initial promotion
to the rank of Sergeant in October of 1993, completed a
successful and diverse career by supervising units in the
Correctional Services Bureau and the Court and Administrative
Services Divisions; and
WHEREAS, Sergeant Saunders has faithfully and
successfully served the citizens of Chesterfield County for
over 15 years.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Sergeant Paige B. Saunders, expresses the
appreciation of all residents for her service to Chesterfield
County, and extends their appreciation for her dedicated
service to the county, as well as best wishes for a long and
happy retirement.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8 . C . 6 . c . RECOGN:IZ ING MR. CLARENCE K:ING, JR., PARKS AND
RECREATION DEPARTMENT, UPON HIS RET:IREMENT
On motion of Mr. Miller, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, Mr. Clarence E. King, Jr. retired on January
31, 2006 from the Chesterfield County Department of Parks and
Recreation; and
WHEREAS, Mr. King began his public service with
Chesterfield County in 1982, in the Parks and Recreation
Department, as an Equipment Operator with the Construction
Crew and in 1985, advanced to the position of Principal Labor
Crew Chief; and
,-
WHEREAS, in 1996, Mr. King continued his service as a
Principal Labor Crew Chief with the School Grounds
Maintenance Crew, and from 2001 to the present, served as a
Capital Projects Field Coordinator with the Design and
Construction Section; and
WHEREAS, Mr. King has provided
service, integrity and leadership in
development of Chesterfield County
facilities; and
excellent customer
the maintenance and
park and school
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02/08/06
WHERE}\S, Mr. King has been an invaluable asset and
mainstay for the Parks and Recreation Department for t.he past
23 years; and
WHEREAS, Mr. King has been responsible for and
instrumental in providing some of the best constructed and
maintained park and school facilities in the county by which
all other facilities are measured; and
WHEREAS, Mr. King has been dedicated, productive and
always dependable in his position responsibilities; and
WHERKn.S, Mr. King will be greatly missed by his co-
workers, supervisors, and the citizens of Chesterfield County
whom he has served.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Mr. Clarence E. King, ~Jr., expresses the
appreciation of all residents for his 23 years of service to
Chesterfield County, and extends appreciation for his
dedicated service to the county and congratulations upon his
retirement, as well as best wishes for a long and happy
retirement.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8.C.7. TRANSFER OF DISTR:ICT IMPROVEMENT FUNDS FROM THE
MATOACA D:ISTR:ICT :IMPROVEMENT FUND
8. C. 7 . a. TO THE PARKS AND RECREATION DEPARTMENT TO PURCHASE
A STORAGE SHED FOR ATHLET:IC EQU:IPMENT AT THE
ETTR:ICK ELEMENTARY SCHOOL SPORTS COMPLEX
On motion of Mr. Miller, seconded by Mr. Barber, the Board
transferred $5,000 from the Matoaca District Improvement Fund
to the Parks and Recreation Department to purchase a storage
shed for athletic equipment at the Ettrick Elementary School
Sports Complex.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
8.C.7.b. TO THE SCHOOL BOARD TO FUND THE FOSTER GRANDPARENTS
PROGRAM AT ETTR:ICK ELEMENTARY SCHOOL
On motion of Mr. Miller, seconded by Mr. Barber, the Board
transferred $2,766 from the Matoaca District Improvement Fund
to the School Board to fund the Foster Grandparents Program
at Ettrick Elementary School.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
9. HEARINGS OF C:ITIZENS ON UNSCHEDULED MATTERS OR CLA:IMS
There were no hearings of citizens on unscheduled matters or
claims at this time.
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10. REPORTS
10.A. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR
FUTURE CAP:ITAL PROJECTS, D:ISTR:ICT :IMPROVEMENT FUNDS
AND LEASE PURCHASES
10.B. REPORT ON ROADS ACCEPTED :INTO THE STATE SECONDARY
SYSTEM
10.C. REPORT OF PLANNING COMM:ISSION SUBSTANT:IAL ACCORD
DEC:IS:ION FOR CHESTERF:IELD COUNTY POL:ICE DEPARTMENT:
TEMPORARY WESTERN HULL STREET D:ISTRICT POLICE
STAT:ION (CASE 06PD0245)
Mr. Warren clarified that the Report of the Planning
Commission Substantial Accord Decision for Chesterfield
County Police Department: Temporary Western Hull Street
District Police Station should read, "the Commission voted 4
to 0 with one member absent, rather than 4 to 1 with one
member absent."
On motion of Mr. Miller, seconded by Mrs. Humphrey, the Board
accepted the following reports: a Report on the Status of the
General Fund Balance, Reserve for Future Capital Projects,
District Improvement Funds, and Lease Purchases, and a Report
of the Planning Commission Substantial Accord Decision for
Chesterfield County Police Department: Temporary Western Hull
Street District Police Station (Case 06PD0245), as amended.
And, further, the following roads were accepted into the
State Secondary System:
ADDITION
LENGTH
Meadowbrook Farms, Section H
Backwater Drive (Route 5934) - From Ironhorse
Road (Route 5933) to 0.02 mile north Ironhorse
Road (Route 5933)
o . 02 Mi.
Barnwood Drive (Route 5930) - From Wimbly Way
(Route 5929) to 0.02 mile south Wimbly Way
(Route 5929)
o . 02 Mi.
Barnwood Drive (Route 5930) - From Wimbly Way
(Route 5929) to Barnwood Turn (Route 5931)
0.06 Mi.
Barnwood Drive (Route 5930) - From Barnwood
Terrace (Route 5932) to Ironhorse Road
(Route 5933)
o . 06 Mi.
,~
Barnwood Drive (Route 5930) - From Barnwood Turn
(Route 5931) to Barnwood Terrace (Route 5932)
o . 07 Mi.
Barnwood Drive (Route 5930) - From Ironhorse
Drive (Route 5933) to Cul-de-sac
o . 04 Mi.
Barnwood Terrace (Route 5932) - From Barnwood
Drive (Route 5930) to Cul-de-sac
0.06 Mi.
Barnwood Turn (Route 5931) - From Barnwood Drive
(Route 5930) to Cul-de-sac
0.03 Mi.
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Ironhorse Road (Route 5933) - From Barnwood Drive
(Route 5930) to Cul-de-sac
o . 04 Mi.
Ironhorse Road (Route 5933) - From Backwater
Drive (Route 5934) to 0.06 mile east. Backwater
Drive (Route 5934)
o . 06 Mi.
Ironhorse Road (Route 5933) - From Barnwood
Drive (Route 5930) to Backwater Drive (Route
5934)
o . 05 Mi.
Ironstone Drive (Route 5928) - From Wimbly Way
(Route 5929) to 0.01 mile north Wimbly Way
(Route 5929)
o . 01 Mi.
Ironstone Drive (Route 5928) - From Cogbill Road
(Route 638) to Wimbly Way (Route 5929)
o . 22 Mi.
Wimbly Way (Route 5929) - From Ironstone Drive
(Route 5928) to Barnwood Drive (Route 5930)
o . 05 Mi.
ADMINISTRATIVE CHANGE
0668-020-294,C501
Walton Park Lanl:! (Old Route 624) (Route 668) -
From 0.40 mile north Route 1070 to Route 60
o . 00 Mi.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
11. D:INNER
On motion of Mr. King, seconded by Mr. Barber, the Board
recessed to the Administration Buildingl Room 502, for dinner
with the members of the Community Services Board.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
Reconvening:
12. :INVOCAT:ION
Mr. Malik Khan, Past President and member, Board of Trustees,
Islamic Center of Virginia, gave the invocation.
13. PLEDGE OF ALLEG:IANCE TO THE FLAG OF THE UNITED STATES OF
AMER:ICA
Mr. Hamme!" led the Pledge of Allegiance to the flag of the
united States of America.
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02/08/06
14. RESOLUTIONS AND SPECIAL RECOGN:IT:IONS
14. B. RECOGN:IZ:ING THE M:IDLOTH:IAN H:IGH SCHOOL GIRLS VARS:ITY
CROSS COUNTRY TEAM AS STATE CHAMPIONS
Mr. Hammer introduced Coach Morgan and members of the
Midlothian High School Girls Varsity Cross Country Team, who
were present to receive the resolution.
On motion of Mr. Miller, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, participation in high school sports has long
been an integral part of Chesterfield County's educational,
physical and emotional development for students; and
WHEREAS, Mr. Stan Morgan, coach of the Midlothian High
School Girls Varsity Cross Country Team completed his 42nd
year of coaching; and
WHEREAS, under Mr. Morgan's and his staff's direction,
the 2005 Midlothian Lady Trojans finished the regular season
with a 7-0 record and an overall record of 10-0; and
WHEREAS, the Lady Troj ans were the regular season and
tournament champions in the Dominion District; and
WHEREAS, the Lady Trojans were the Central Region
Champions; and
-
WHEREAS, the Lady Trojans were the State AAA Girls Cross
Country Champions and were ranked #4 in the southeast; and
WHEREAS, team members include M.C. Miller, Samantha Dow,
Erin Stehle, Tierney Willard, Paige Johnston, Mariah Landry
and Anne Tenser.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 8th day of February 2006,
publicly recognizes the 2005 Midlothian High School Girls
Varsity Cross Country Team for its outstanding representation
of Chesterfield County.
AND BE IT FURTHER RESOLVED, that the Board of
Supervisors, on behalf of the citizens of Chesterfield
County, hereby commends the 2005 Lady Trojans for their
commitment to excellence and sportsmanship and expresses best
wishes for continued success.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
Mr. Barber presented executed resolutions to Coach Morgan and
members of the cross country team and congratulated them on
their outstanding accomplishments.
Coach Morgan thanked the Board for the recognition and stated
it has been a pleasure working with each of the young ladies
on the team.
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02/08/06
Mr. King recognized his mother and Ms. Robbie Kay Lee, a
friend who is visiting from Mississippi, who were present at
the meeting.
15. HEAR:INGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLA:IMS
There were no hearings of citizens on unscheduled matters or
claims at this time.
16. PUBL:IC HEAR:INGS
16. A. TO CONSIDER THE APPROPRIATION OF AN ANNUAL REFUND
RECE:IVED FROM THE R:IVERS:IDE REGIONAL JA:IL AUTHOR:ITY TO
OFFSET EXPECTED SHORTFALLS IN THE COUNTY'S REG:IONAL
JA:IL BUDGET
Ms. Dickson stated this date and time has been advertised for
the Board to consider the appropriation of a refund of per
diem payments in the amount of $603,032 received from the
Riverside Regional Jail Authority.
Mr. King called for public comment.
No one came forward to speak to the issue.
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
approved the appropriation of a refund of per diem payments
in the amount of $603,032 received from the Riverside
Regional Jail Authority, which will be used to offset the
expected shortfall in the county's official regional jail
budget for this fiscal year.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
16.B. TO CONS:IDER ESTABLISH:ING A TAX EXEMPT:ION
CLASS:IF:ICAT:ION PERTAINING TO VOLUNTEER RESCUE SQUADS
AND FIRE COMPAN:IES
Mr. Micas stat:ed this date and time has been advertised for a
public hearing for the Board to consider an ordinance
establishing a tax exemption classification pertaining to
volunteer rescue squads and fire companies. He further
s ta ted, when the Board adopted a revenue recovery program
providing for payment for ambulance transportations by county
ambulances, the Ettrick-Matoaca Rescue Squad chose to
participate with the county in the program. He stated,
because the rescue squad received revenue, they technically
lost their tax exemption status as a non-profit under state
law. He further stated the proposed ordinance will correct
the error and provide for retroactive tax exemption for the
Ettrick-Matoaca Rescue Squad.
In response to Mr. Miller f s quest.ion, Mr. Micas stated the
ordinance is of general application and is not specific to
the Ettrick-Matoaca Rescue Squad; therefore, others could
participa.te in the revenue recovery program wi thout losing
their tax E!xemption status.
Mr. King called for public comment,
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02/08/06
No one came forward to speak to the issue.
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY
ENACTING SECTION 9-8 RELATING TO
CLASSIFICATION OF PROPERTY OWNED BY
VOLUNTEER RESCUE SQUADS AND
VOLUNTEER FIRE COMPANIES AS TAX EXEMPT
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 9-8
Chesterfield, 1997, as
follows:
of the
amended,
Code of the County
is enacted to read
of
as
Sec. 9-8. Classification of property owned by volunteer
rescue squads and volunteer fire companies as tax exempt.
Effective January 1, 2003, pursuant to Virginia Code
Section 58.1-3651 and subsection 6(a) (6) of Article X of the
Constitution of Virginia, properly licensed or permitted non-
profi t volunteer rescue squads and volunteer fire companies
which operate for the benefit of the general public are
classified as charitable and benevolent organizations and are
exempt from local real and personal property taxation. This
exemption is contingent on the continued use of the property
owned by such volunteer rescue squads and volunteer fire
companies in accordance with the purpose for which the
organization is classified. Nothing in this section shall
affect the validity of either a classification exemption or a
designation exemption granted by the General Assembly prior
to January 1, 2003.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
16.C. TO CONS:IDER CONVEYANCE OF A 2.7-ACRE PARCEL LOCATED
AT 7720 V:IRG:INIA P:INE COURT TO DEMPSEY BRADLEY, SR.
Mr. Davis stated this date and time has been advertised for a
public hearing for the Board to consider the conveyance of a
2.7-acre parcel located at 7720 Virginia Pine Court to
Dempsey L. Bradley, Sr.
Mr. King called for public comment.
No one came forward to speak to the issue.
On motion of Mr. Miller, seconded by Mrs. Humphrey, the Board
authorized the County Administrator to enter into a contract,
approved by the County Attorney, conveying a 2.7-acre parcel
located at 7720 Virginia Pine Court to Dempsey L. Bradley,
Sr.
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And, furthE:!r,
to enter into
County.
the Board authorized the Count.y Administrator
a purchase contract on terms approved by the
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
16.D. TO CONS:IDER THE LEASING OF COUNTY PROPERTY AT
MEADOWBROOK HIGH SCHOOL
Mr. Stith thanked members of the Boal:?d and county staff for
their well wishes following his recent surgery. He then
stated that this date and time has been advertised for a
public hearing for the Board to consider the leasing of
county property at Meadowbrook High School to Ornnipoint
Communications CAP Operations, LLC, t/a T-MOBILE.
Mr. King called for public comment,
No one came forward to speak to the issue.
In response to Mr. Miller's question, Mr. Ramsey stated the
county holds title to all property, including school
property, under its charter; therefore, the county has the
right to lease school property," He further stated, under
state law, schools are given authorit.y to determine what
happens on their property.
Mr. Miller stated both Dale District
representative Beth Davis and Dr. Cannaday
that they support the proposed lease.
School Board
have indicated
Mr. Miller made a motion, seconded by Mr. King, for the Board
to approve the leasing of county property at Meadowbrook High
School to Omnipoint Communications CAP Operations LLC, t/a T-
MOBILE.
Mr. Barber stated there has been discussion regarding leasing
of property at James River High School for communications
antennae. He further stated he would like to see the revenue
received from leasing the property be provided for a specific
use within the school community rather than being placed in
the general fund.
Discussion ensued relati V'e to 'the fee for leasing county
property.
Mr. Harmon stated the county will receive $12,000 per year
for leasing the Meadowbrook High School property, which is
the high end of the going rate for leasing of property for
communications antennae. He further stated staff could
negotiate higher fees in areas 'Where coverage is more
severely needed.
In response to Mrs. Humphrey's qUE!stion, Mr. Harmon stated
the pole 1:hat T-MOBILE is proposing to construct would hold
an additional carrier, and the county would receive an
additional $500 per month rent if a second carrier were to
locate its antennae on the pole.
In response to Mr. Warren's question, Mr. Micas stated the
School Board has the right to dE~cide how their property is
06-96
02/08/06
used for educational purposes. He
School Board decided the location
consistent with their educational
could not approve the lease.
further stated, if the
of the tower was not
needs, then the county
Mr. King called for a vote on the motion of Mr. Miller,
seconded by Mr. King, for the Board to approve the leasing of
county property at Meadowbrook High School to Omnipoint
Communications CAP Operations LLC, t/a T-MOBILE.
Ayes: King, Miller, Barber, Humphrey and Warren.
Nays: None.
17. ADJOURNMENT
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
adjourned at 7:40 p.m. until February 22, 2006 at 3:30 p.m.
Ayes:
Nays:
King, Miller, Barber, Humphrey and Warren.
None.
-
tane B. Ramsey
County Administrator
')
f
R. M. "Dickie"
Chairman
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