03-14-2007 Minutes
BOARD OF SUPERVISORS
MINUTES
March 14, 2007
Supervisors in Attendance:
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Mr. Kelly E. Miller, Chairman
Mrs. Renny B. Humphrey, Vice Chrm.
Mr. R. M. "Dickie" King, Jr.
Mr. Donald D. Sowder
Mr. Arthur S. Warren
Mr. Lane B. Ramsey
County Administrator
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07-192
Staff in Attendance:
Colonel Carl R. Baker,
Police Department
Mr. George Braunstein,
Exec. Dir., Community
Services Board
Mr. Allan Carmody, Dir.,
Budget and Management
Ms. Jana Carter, Dir.,
Juvenile Services
Ms. Marilyn Cole, Asst.
County Administrator
Mr. Barry Condrey, Chief
Information Officer
Mr. Roy Covington, Dir.,
Utilities
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Mr. Charles Dane, Dir.,
External Services
Mr. Jonathan Davis, Dir.,
Real Estate Assessments
Mr. William Dupler,
Building Official
Mr. Robert Eanes, Asst. to
the County Administrator
Ms. Lisa Elko, CMC,
Clerk
Ms. Karla Gerner, Dir.,
Human Resource Mgmt.
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. John W. Harmon,
Right-of-Way Manager
Mr. Russell Harris, Mgr.
of Community Development
Services
Major David Hutton,
Sheriff's Office
Mr. H. Edward James,
Dir., Purchasing
Mr. Donald Kappel, Dir.,
Public Affairs
Ms. Kathryn Kitchen, Asst.
Supt. of Schools for
Business and Finance
Mr. Louis Lassiter, Dir.,
Internal Audit
Ms. Mary Lou Lyle, Dir.,
Accounting
Chief Paul Mauger,
Fire Department
Ms. Faith McClintic, Dev.
Development Manager
03/14/07
Mr. R. ,John McCracken,
Dir., Transportation
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Steven L. Micas,
County Attorney
Dr. Marcus Newsome, Supt.
of Schools
Mr. Glen Peterson, Dir.,
Community Diversion
Incentive Program
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
Mr. Kirk Turner, Dir.,
Planning
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Mr. Miller called the regularly scheduled meeting to order at
3:01 p.m.
1. APPROVAL OF MINUTES FOR FEBRUARY 28, 2007
On motion of Mr. King, seconded by Mr. Warren, the Board
approved the minutes of February 28, 2007, as submitted.
Ayes: Miller, Humphrey, King, Sowder and Wi9.rren.
Nays: None.
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2 . COUNTY ADMINISTRATOR I S COMMENTS
There were no County Administrator's comments at this time.
3. BOARD MEMBER REPORTS
There were no Board member reports at this time.
4 . REQUESTS TO POSTPONE AGENDA ITEMS AND ~mDITIONS, OR
CHANGES IN THE ORDER OF PRESENTATION
On motion of Mr. Warren, seconded by Mr. King, the Board
added Item 5 .A. , Award of Contract to Springsted,
Incorporated to Provide Executive Search Services for the
Position of County Administrator; deleted Item 8.C.13., Award
of Contract to Replace the Existing Bullet Trap at the Public
Safety Training Center at Enon to Super Trap, Incorporated
and Appropriation of Funds for the Entire Project: added Item
8.C.16., Set Date for 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 2001 and
Series 2002 General Obligation Bonds and Closing Costs, and
Adoption of a Resolution for the Advance Rl3funding Due to the
Market Being Favorable for Refunding: replaced Item 17 .M. ,
Public Hearing to Consider the Exercise of Eminent Domain for
,......."F
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the Acquisition of Water and Temporary Construction Easements
for the Southwest Corridor Waterline Project: and adopted the
Agenda, as amended.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
S. RESOLUTIONS
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There were no resolutions at this time.
S.A. AWARD OF CONTRACT TO SPRINGSTED, INCORPORATED TO
PROVIDE EXECUTIVE SEARCH SERVICES FOR THE POSITION OF
COUNTY ADMINISTRATOR
Mr. Micas stated, after conversations with Board members, Mr.
Miller asked staff to investigate the possibility of hiring
an executive search firm to assist the Board in hiring a
replacement for Mr. Ramsey. He further stated the Human
Resource Management and Purchasing Departments interviewed
various firms engaged in the executive process. He stated
staff recommends contracting with Springsted, Incorporated to
assist the Board in executive search services for Mr.
Ramsey's position. He further stated the firm would work
with the Board and submit a list of possible candidates to
the Board no later than July 1, 2007.
Mr. Miller called forward Mr. John Anzi vino, representing
the firm of Springsted, Incorporated.
Mr. Anzivino stated Chesterfield County is highly regarded
throughout the country as a well-managed community, and
Springsted wants to bring candidates to the Board, which
will make it a difficult choice for the Board to select from
the finalists. He further stated the process will involve
Board members, and Springsted looks forward to working with
the Board.
In response to Mr. Warren's questions, Mr. Anzivino stated
the firm typically brings forward five finalists, but that
depends upon the Board's preference. He further stated
information will be obtained from Board members, such as
salary, benefits, knowledge, ability and personality traits,
to develop a position profile.
.,........
In response to Mr. Sowder's question, Mr. Anzivino stated
many of the candidates, whose positions Springsted was
contracted to fill, have been in service for more than five
years. He further stated the firm recognizes that this is
not a process that a locality wants to embark upon every
three or four years.
In response to Mr. Miller's question, Mr. Anzivino stated,
although it is an aggressive schedule, the firm is committed
to bringing forward candidates prior to July 1, 2007.
There was brief discussion relative to positions in the
state that have used Springsted's executive search services
and advertising and outreach initiatives that the firm will
provide for this position.
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In response to Mr. Miller's question, M.r. Anzivino stated
the pool to be considered could include in-house candidates
from Chesterfield.
Mr. King commended Mr. Miller on movin~r forward with the
search, indicating that it is in the best interest of the
citizens. He stated this position should be non-political,
and he does not think a business would go for any length of
time without a CEO in place.
On motion of lXIr. Miller, seconded by Mr. King,
awarded a contract to Springsted, Incorporated
executive search services for the position
Administrator, subject to approval as to form by
Attorney.
the Board
to provide
of County
the County
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Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
6. WORK SESSIONS
6.A. THE UPPER SWIFT CREEK RESERVOIR WATERSHED
Mr. Stith provided an overview of the history of initiatives
to protect the Swift Creek Reservoir Watershed. He reviewed
actual in lake phosphorous data from 1992 through 2005 and
stated the 0.05 phosphorous standard was not exceeded during
this time. He stated, if no additional measures are taken,
there will be an additional 18,000 pounds of phosphorous in
the reservoir at full build-out of the Upper Swift Creek
Watershed. He reviewed the first strategy to reduce the
phosphorous load - reviewing and amending' county ordinances
to minimize impervious areas.
....-I'
Discussion ensued relative to the rationale behind the
alternatives to encourage shared driveways, less curb-and-
gutter, and minimizing rear and side entry garages.
Mr. Miller stated the county has been trying to decrease the
number of front entry garages and inquired why we would now
want to encourage minimizing rear and side entry garages.
Mr. Ramsey stated some of the future strategies will
probably conflict with positions that thE~ County has taken
in the past.
Mr. Stith stated the alternatives are being proposed to help
reduce the phosphorous level in the river, indicating that
the Board and Planning Commission will decide which ones are
most appropriate. He then reviewed additional strategies to
reduce the phosphorous load, including preservation and
restoration: low-impact development: use of new BMP
technology; and use of pro-rata fees to enhance and install
new BMPs. He provided details of implementation of the
strategies, including obtaining input J:rom stakeholders;
adoption of ordinance amendments; and continuing to monitor
the reservoir.
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Discussion ensued relative to what has changed over the
years to lead staff to suggest removing requirements that
were designed to preserve the lake and control residential
development.
07-19S
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Mr. Ramsey stated the Corps of Engineers and other
controlling agencies have been the driving force behind many
of the requirements. He further stated the Corps is now
requiring an alternative to building regional ponds, and
staff supports strategies that would eliminate the need for
large ponds.
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Mrs. Humphrey expressed concerns that, after everything the
county has done to try to preserve the lake, we are right
back to where we were many years ago in our design standards
for neighborhoods. She inquired how long it will take staff
to obtain input from stakeholders and bring back a
recommendation to the Board. She stated the Upper Swift
Creek plan must be completed. She inquired whether the
proposed strategies will be retrofitted into old zoning
cases or will just be used in the future.
Mr. McElfish stated staff is working with developers to have
some of the low-impact development alternatives implemented.
He further stated he hopes to bring recommendations to the
Board before the end of 2007. He noted that each of the
strategies may have 40 or more alternatives that could be
used, and a combination of the alternatives in different
categories will ultimately be used.
Mrs. Humphrey stated the Board could adopt the
Creek Plan, and these alternatives could
supplemented into the Plan.
Upper Swi f t
la ter be
Discussion ensued relative to requiring the same development
strategies in other areas of the county as the Upper Swift
Creek.
Mr. Sowder suggested an additional strategy encourage
vertical development like the new urbanism concept, to
conserve land. He stated Chesterfield is no longer a rural
agricultural community.
After further discussion relative to a timetable for
implementation of the proposed strategies, Mrs. Humphrey
suggested that the Board be provided an update in 90 days
relative to staff's progress towards implementation.
Mr. Ramsey stated staff will provide
incorporation of the strategies into the
Plan at the March 28th Board meeting.
a timetable for
Upper Swift Creek
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Mr. Warren stated he is pleased that both the development
and environmental communi ties supported the ordinance
amendments to require on-site storm water treatment. He
stressed the fact that the reservoir contains one-third of
the county's drinking water resource and stated the Board
must focus on maintaining that resource. He further stated
the area that drains into the reservoir has the highest rate
of commercial and residential development, and the county is
considering a number of road improvements in this area. He
stated it is critical that the strategies ensure that VDOT
not make the same mistake they made on the portion of Route
288 that impacts the reservoir.
In response to Mr. Warren's question, Mr. Stith stated the
presentation regarding initiatives for protecting the Swift
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Creek Reservoir Watershed would be made available to the
public.
Mr. Warren stressed the importance of bringing specific
strategies to the Board so that the same problems do not
occur as in the past wi th state, federal and environmental
criteria.
Mr. St.i th stat~3d staff will develop a sequence In which the
strategies will occur.
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6.B. THE CO~~Y ADMINXSTRATOR'S FY2008 PROPOSED AMENDED
BUDGET INCLUDXNG PRESENTATIONS FROM THE SCHOOL BOARD
AND THE MANAGEMENT SERVICES DIVISION
SCHOOL BOARD
Dr. Newsome provided an overview of budg'let highlights from
the School Board's approved FY2008 budget. He first
reviewed school system and student successes. He discussed
the challenges: that schools face relative to narrowing
achievement gaps.
In response to Mr. Miller's question, Dr. Newsome stated
approximately ~;O teachers have been hired in the past five
years, at a cost of approximately $50,000 each, as a result
of instructing students whose first language is that other
than English, and developing special reading programs for
these students. He then discussed challenges faced by
schools relative to rapid growth; school safety and health;
and teacher shortages. He stated the budget is designed
around the School Board's design for excellence focusing on
the goals of a.cademic excellence for all students: safety,
supportive learning environment: a knowledgeable and
competent workforce; and community inv'E~stment in public
schools. He further stated the School Board's financial
plan totals $572.1 million, which is an increase of 10.0
percent over FY2007 and includes new resources of $51.9
million to help address challenges and move toward the
School Board's goals. He provided details of various budget
initiatives related to each of the School Board's four
priority goals.
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Mrs. Humphrey requested a copy of the breakdown of the $51.9
million increase in School Board's budqet that she can
provide to residents at her community meeting on March 19th.
Discussion ensued relative to the cost of educating special
needs children.
Mr. King noted that families migrate to localities that
provide the greatest services for disadvantaged children.
After further discussion, Mr. Miller requested that the
School Board provide the Board with information regarding
the number of children who receive special services that do
not speak English as their first language.
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There was brief discussion relative t,o the number of
students who would qualify for an at-risk preschool program
and to uses of the budgeted funding for security and safety
nets.
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03/14/07
In response to Mr. Sowder's question, Dr. Newsome stated
approximately 70 percent of the budget is allocated for
instruction, and slightly less than 3 percent is allocated
for administration.
In response to Mr. Warren's question, Ms. Kitchen stated $18
million in scholarships was provided to Chesterfield County
seniors last year.
Mr. Warren inquired whether the school system is gaining
space overall as a result of new and renovated facilities
provided by the bond referendum compared to the number of
new students coming into the system.
Ms. Kitchen stated, as long as the school system is growing
at 1100 students per year, we are not making much progress.
She further stated if the growth slows down, then slow
progress will be made.
Discussion ensued relative to the growth of students in
Falling Creek Elementary and Middle Schools.
Mrs. Humphrey noted that the school system is challenged by
mandated space requirements for special needs programs. She
further stated trailers will always be on school grounds,
indicating that they are tools to provide space and allow
the schools to adjust to federal and state requirements
regarding space.
Dr. Newsome stated when the five schools approved in the
bond referendum are opened, there will still be the same
number of trailers, but no more.
Discussion ensued relative to the Title 1 students that were
moved from Falling Creek Middle School to Robious Middle
School.
Mr. Warren stated he recently visited an elementary school
and witnessed the eagerness of the children in learning, no
matter where they came from or how well they could speak
English. He further stated our nation is built on
education, and we must compete with the rest of the world in
terms of education.
Mr. Miller thanked Dr. Newsome for the presentation.
MANAGEMENT SERVICES DIVISION
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Mr. Stegmaier provided an overview of the proposed FY2008
budget for the Management Services Division. He stated the
total proposed Management Services budget for FY2008 is
$107.4 million. He provided details of major increases in
various areas of the budget. He stated Management Services'
scores on the Organizational Climate Assessment in the areas
of values and ethics speak highly about the county's
leadership. He reviewed staffing ratios: support services:
purchasing staff ratio; growth in total expenditures
compared with full-time employees in General Accounting:
ratios of square footage per maintenance and custodial
workers; Accounting Department hours saved from process
improvements: cost of Internal Audit functions: Purchasing
07-198
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Department cost avoidance totals; and monthly revenue using
the License Inspector platehunter. He pJ~'ovided the results
from various areas of Management Services that received high
ratings in customer service. He stated :~ianagement Services
employee scores on the Organizational Climate Assessment are
very high in the area of employer of choice compared to best
performing organizations in both the public and private
sectors. He l~eviewed data relative to purchasing activity
with Chesterfield, minority, and women owned businesses. He
then reviewed Environmental Management: milestones. He
discussed challenges of the division related to technology,
staffing and energy efficiency.
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Mr. Miller thanked Mr. Stegmaier for the presentation.
7. DEFERRED I'J~EMS
8. NEW BUSINESS
8.A. APPROVAL OF THE WASTEWATER SUPPLY AGREEMENT BETWEEN
CHESTERF1:ELD COUNTY AND VIRGINIA ELECTRIC AND POWER
COMPANY (DOMINION VIRGINIA POWER)
Mr. Covington stated discussions began between the county's
engineers and Dominion Virginia Power's engineers over a
year ago about the feasibility of providing wastewater
effluent from Proctor's Creek Wastewater Treatment Plant to
Dominion's Dutch Gap facility for use in one of their
pollution removal processes. He further stated the
technical details of the agreement have now been worked out,
and it has been determined that the treated effluent
provides a more consistent, reliable and higher quality
water than Dominion would get by taking water out of the
James River and treating it for this process. He then
introduced Mr. Larry Cridlin to describe benefits that
Dominion sees in this arrangement.
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Mr. Cridlin provided details of the chE~mical process for
which the watE::lr will be used. He stated benefits that
Dominion sees include receiving a clean, reliable source of
water: elimination of a substantial amount of capital
investment for a filtration system to utilize James River as
a source: and reduced costs by using the water in power
boilers. He further stated it is noteworthy that the
wastewater will be used to remove pollutants from another
source to help clean up the environment. He stated Dominion
looks forward to completion of the proj ect through this
agreement.
Mr. Covington stated this proj ect reprE~sents the largest
wastewater reclamation and reuse proj ect in the state. He
further stated all of the nutrient values contained in the
discharge that the county would have had to account for in
its discharge permit and mass loading pound allotments will
now be diverted to Dominion Virginia Power. He stated, as a
Department of Environmental Quality's designation as an E-3
facility, the Proctor's Creek facility no longer has
concentration base limits in their discharge permit, and
this combined with the diversion of wastewater to Dominion
will result in annual operating cost savings, as well as a
savings in capital costs by preservin9 the \\7aste load
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03/14/07
allocations. He noted that the project represents a good
environmental win-win situation.
Mr. King stated he is excited to have this project in the
Bermuda District.
Mr. Miller stated this is a great project.
_.
Mrs. Humphrey stated she is very excited about this
magnificent project.
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
approved the Wastewater Supply Agreement between
Chesterfield County and Virginia Electric and Power Company
(Dominion Virginia Power) , and authorized the County
Administrator to execute the agreement. (It is noted a copy
of the agreement is filed with the papers of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8 . B . APPOINTMENT
On motion of Mr. Sowder, seconded by Mrs. Humphrey, the
Board suspended its rules at this time to allow for
simultaneous nomination/appointment of a member to serve on
the Community Criminal Justice Board.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
o COMMUNITY CRIMINAL JUSTICE BOARD
On motion of Mr. King, seconded by Mr. Miller, the Board
simultaneously nominated/appointed Sheriff Dennis Proffitt
to serve on the Community Criminal Justice Board, whose term
is effective immediately and expires June 30, 2007. (It is
noted Sheriff Proffitt will fill the unexpired vacant term
of retired Sheriff Clarence Williams.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C. CONSENT ITEMS
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On motion of Mr. Sowder, seconded by Mr. Warren, the Board
removed Item 8. C. 6. a., Award of Construction Contract for
the Southwest Corridor Water Improvements, River/Riverway
Roads, Project B, from the Consent Agenda for public
comment.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
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8 . C . 1. APPROVJ~L OF REQUEST FOR A PERMIT '1'0 STAGE .~
FIREWOlmS DISPLAY AT THE SUNDAY P.P..Rl{
PENJ:NSlJLA OF BRANDERMILL ON JULY 4~, 2007
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
approved a permit to stage a fireworks display at the Sunday
Park peninsula at Brandermill on July 4, 2007, with a rain
date of July 5, 2007.
Ayes: Mi 11 er, Humphrey, King, Sowder and W.arren.
Nays: None.
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8.C.2. APPROVAL OF THE CHESTERFIELD COUNTY POLICE
DEPARnfENT TOWING CONTRACT
On motion of Mr. King,
approved the Police
approved by trlle Towing
of the towing- contract
Board. )
seconded by Mrs. Humphrey, the Board
Department's towing contract, as
Advisory Board. (It is noted a copy
is filed with the papers of this
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.3. STATE ROAD ACCEPTANCE
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, the streets described below are shov.m on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
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WHEREAS, the Resident Engineer for
Department of Transportation has advisE!d
streets meet the requirements established by
Street Requir'ements of the Virginia
Transportation.
the Virginia
this Board the
the Subdivision
Department of
NOW, THEREFORE, BE IT RESOLVED, that t.his Board
requests the Virginia Department of Transportation to add
the streets described below to the secondary systE!m of state
highways, pursuant to Section 33.1-229, Code of Virginia,
and the Department's Subdivision Street Requirements.
AND, BE I,]~ FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE I'r FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for
the Virginia De,partment of Transport:ation.
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Project:
Rose Glen
Tvoe Chanae to the Secondlirv SyStem of State Hlahwavs:
Addition
Basis for Change:
New subdivision street
Statutory Reference:
S33.1-229
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03/14/07
. Rose Glen Drive, State Route Number: 7146
From: Old Hundred Rd., (Rt. 754)
To: Rose Glen Pl., (Rt. 7147), a distance of: 0.04 miles.
.
Filed on 11/9/2005 in the Office of Clerk to Circuit Court, with a width of 40 feet.
Recordation Reference: Pb. 159 Pg. 84
Rose Glen Place, State Route Number: 7147
Right of Way Record:
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From:
Rose Glen Dr., (Rt. 7146)
To: Cul-de-sac, a distance of: 0.04 miles.
Right of Way Record: Filed on 11/9/2005 in the Office of Clerk to Circuit Court, with a width of 40 feet.
Recordation Reference: Pb. 159 Pg. 84
. Rose Gien Drive, State Route Number: 7146
From: Rose Glen Pl., (Rt. 7147)
To: Rose Glen Tn., (Rt. 7148), a distance of: 0.07 miles.
Right of Way Record:
Filed on 11/9/2005 in the Office of Clerk to Circuit Court, with a width of 40 feet.
Recordation Reference: Pb. 159 Pg. 84
. Rose Glen Turn, State Route Number: 7148
From: Rose Glen Dr., (Rt. 7146)
To: Cul-de-sac, a distance of: 0.02 miles.
Right of Way Record:
Filed on 11/9/2005 in the Office of Clerk to Circuit Court, with a width of 40 feet.
Recordation Reference: Pb. 159 Pg. 84
. Rose Glen Drive, State Route Number: 7146
From: Rose Glen Tn., (Rt. 7148)
To: Cul-de-sac, a distance of: 0.07 miles.
Right of Way Record:
Filed on 11/9/2005 in the Office of Clerk to Circuit Court, with a width of 40 feet.
Recordation Reference: Pb. 159 Pg. 84
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County: and
WHEREAS, the Resident Engineer for
Department of Transportation has advised
streets meet the requirements established by
Street Requirements of the Virginia
Transportation.
the Virginia
this Board the
the Subdivision
Department of
NOW, THEREFORE, BE IT RESOLVED, that this Board
requests the Virginia Department of Transportation to add
the streets described below to the secondary system of state
highways, pursuant to Section 33.1-229, Code of Virginia,
and the Department's Subdivision Street Requirements.
"~
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for
the Virginia Department of Transportation.
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03/14/07
Project:
Watermlll, Sl!ctlon 3
Tvoe Chanae to the Secondary System of State Hlahwavs:
Addition
Basis for Change:
New subdivision street
Statutory Reference:
S33.1-229
. Water Race I)rlve, State Route Number: 7061
From: 0.02 mi. E of South Windmill Aidge Dr., (At. 5584)
_.~
To: Water Race Ct., (Rt. 7144), a distance of: 0.02 miles.
Aight of Way Record: Filed on 2/17/2005 in the Office of Clerk to Circuit Court, with a width of 45 feet.
Recordation Reference: Pb. 151 Pg.75
. Water Race Court, State Route Number: 7144
From: Water Race Dr., (Rt. 7061)
To: CUI-de..sac, a distance of: 0.04 miles.
Right of Way Record:
Filed on 2/17/2005 in the Office of Clerk to Circuit Court, with a width of 40 feet.
Recordation Reference: Pb. 151 Pg.75
. Water Race [)rlve, State Route Number: 7061
From: Water Race Ct., (Rt. 7144)
To: Water Race Tr., (Rt. 7145), a distance of: 0.10 miles.
Right of Way Record:
Filed on 2/17/2005 in the Office of Clerk to Circuit Court, with a width of 45 feet.
Recordation Reference: Pb. 151 Pg.75
. Water Race Terrace, State Route Number: 7145
From: Water Race Dr., (Rt. 7061)
To: Cul-de-sac, a distance of: 0.05 miles,
-
Right of Way Record: Filed on 2/17/2005 in the Office of Clerk to Circuit Court, with a width of 40 feet.
Recordation Reference: Pb. 151 Pg.75
. Water Race "errace, State Route Number: 7145
From: Water Race Dr., (Rt. 7061)
To: Cul-de-sac, a distance of: 0.12 miles.
Right of Way Record:
Filed on 2/17/2005 in the Office of Clerk to Circuit Courl, with a width of 40 feet.
Recordation Reference: Pb. 151 Pg.75
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are sho'il\'11 on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County: and
WHEREAS, the Resident Engineer for
Department of Transportation has advis€~d
streets meet the requirements established by
Street Requirements of the Virgini,:l,
Transportation.
the Virginia
this Board the
the Subdivision
Department of
-'
NOW, THEREFORE, BE IT RESOLVED, tha t thi s Board
requests the 'Virginia Department of Transportation to add
the streets described below to the secondary system of state
highways, pursuant to Section 33.1-229, Code of Virginia,
and the Department's Subdivision Street Re9:uirement:s.
07-203
03/14/07
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for
the Virginia Department of Transportation.
~
Project:
Hawthorne Village, Section A
TVDe Chanae to the Secondary System of State Hiahwavs:
Addition
Basis for Change:
New subdivision street
Statutory Reference:
~33.1-229
. Gorham Lane, State Route Number: 7157
From: Coalfield Rd., (Rt. 754)
To: Nailor Wy., (Rt. 7158), a distance of: 0.06 miles.
Right of Way Record:
Filed on 8/18/2005 in the Office of Clerk to Circuit Court, with a width of 44 feet.
Recordation Reference: Pb. 157 Pg. 11
. Nailor Way, State Route Number: 7158
From: Gorham Ln., (Rt. 7157)
To: Cul-de-sac, a distance of: 0.07 miles.
Right of Way Record:
Filed on 8/18/2005 in the office of Clerk to Circuit Court, with a width of 44 feet.
Recordation Reference: Pb. 157 Pg. 11
. Gorham Lane, State Route Number: 7157
From: Nailor Wy., (Rt. 7158)
To: Gorham Ct., (Rt. 7159), a distance of: 0.05 miles.
Right of Way Record:
Filed on 8/18/2005in the Office of Clerk to Circuit Court, with a width of 44 feet.
Recordation Reference: Pb. 157 Pg. 11
. Gorham Court, State Route Number: 7159
From: Gorham Ln., (Rt. 7157)
To: Cul-de-sac, a distance of: 0.12 miles.
Right of Way Record:
Filed on 8/18/2005in the Office of Clerk to Circuit Court, with a width of 44 feet.
Recordation Reference: Pb. 157 Pg. 11
. Gorham Lane, State Route Number: 7157
From: Gorham Ct., (Rt. 7159)
To: Cul-de-sac, a distance of: 0.01 miles.
Right of Way Record:
Filed on 8/18/2005 in the Office of Clerk to Circuit Court, with a width of 44 feet.
Recordation Reference: Pb. 157 Pg. 11
.-
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.4. ADOPTION OF RESOLUTIONS
8 . C. 4 . a. RECOGNIZING FIREFIGHTER DENNIS R. KROHN,
CHESTERFIELD FIRE AND EMERGENCY MEDICAL SERVICES
DEPARTMENT, UPON HIS RETIREMENT
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
07-204
03/14/07
WHEREAS, Firefighter Dennis R.
Fire and Emerg1ency Medical Services
County, on March 1, 2007: and
Krohn retired from the
Department, Chesterfield
WHEREAS, Firefighter Krohn attended Recruit School #8
in 1977 and has faithfully served the county for twenty-nine
years in various assignments, as a Truck Company Firefighter
at the Manchester Fire and EMS Station and at the Ettrick
Fire and EMS Department; as a Firefighter at the Centralia
Fire and EMS Station; and as a Truck Company Firefighter at
the Buford FirE~ and EMS Station; and
-'
WHEREAS, Firefighter Krohn served as an acting officer,
Emergency Medical Technician, Technical Rescue Team member,
Level II and Truck Company Firefighter; and
WHEREAS, Firefighter Krohn was
successful fire and emergency medical
extrications during his years of public
invol ved in many
rescues and vehicle
service; and
WHEREAS, Firefighter Krohn was always known as an
effective team player who worked to "get the job done," and
during his career he has been recognizE!d as an effective
team member; and
WHEREAS, Firefighter Krohn trained many
truck company operators during his ca.reer,
forever benefit our department; and
engine
which
and
will
WHEREAS, Firefighter Krohn is an avid golfE=r, and he
supported many charity golf tournaments during his career,
including the Brad McNeer Memorial Golf Tournament ,; and
-
WHEREAS,
citizens and
Chesterfield
family.
Firefighter Krohn touched the li VE~S of many
made many sacrifices during his career to make
County a safer place to live and raise a
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Firefighter Dennis R. Krohn, expresses the appreciation of
all residents for his service to the county, and extends
their appreciation for his dedicated service and their
congratulations for his retirement.
Ayes: Miller, J1:umphrey, King, Sowder and Warren.
Nays: None.
8.C.4.b. RECOGNIZING MARCH 18-24, 2007, AS "INHALANTS AND
POISONS AWARENESS WEEK" IN CHEST:ERFIELD C~OUNTY
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
-
WHEREAS, there are over 1,400 products such as
gasoline, propane, correction fluid, aerosols, computer
dusters and nitrous oxide that are widely available,
inexpensive, and can be misused by inhaling their fumes to
produce a state of intoxication; and
WHEREAS, recent data from the National Institute for
Drug Abuse and the Partnership for a Drug-Free America has
07-205
03/14/07
shown that more than 2 million children in the United States
experiment with inhalants each year, but nine out of ten
parents are unaware or deny that their children have abused
inhalants; and
-
WHEREAS, data from the 2005 Prevention Needs Assessment
Survey of Chesterfield County students in grades 8, 10 and
12 revealed that one in five eighth-graders had tried an
inhalant and eight percent had used an inhalant during the
30 days prior to the survey, twice the national average: and
WHEREAS, a child can immediately die from Sudden
Sniffing Death Syndrome the very first, or any, time he or
she experiments with an inhalant or suffer damage to the
brain and other organs: and
WHEREAS, most parents and other adults know very little
about inhalant abuse and do not realize that children can
die or be severely harmed from such use; and
WHEREAS, Substance Abuse Free Environment Incorporated
(SAFE), Chesterfield County's substance abuse prevention
coalition, has been educating parents and others who work
with children and adolescents about preventing inhalant
abuse; and
WHEREAS, SAFE is sponsoring a special event for parents
and other adults on March 20, 2007 featuring Harvey Weiss,
the executive director of the National Inhalant Prevention
Coalition, to raise awareness of the dangers of inhalants:
and
WHEREAS, "National Inhalants and Poisons Awareness
Week" is March 18-24, 2007.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes March 18-24, 2007, as
"Inhalants and Poisons Awareness Week" in Chesterfield
County and urge all parents to learn more about how to
prevent this dangerous practice among our children.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.4.c. RECOGNIZING MARCH 2007, AS "PURCHASING MONTH" IN
CHESTERFIELD COUNTY
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
-
WHEREAS, the purchasing and materials management
profession has a significant role in the quality, efficiency
and profitability of business and government throughout the
United States: and
WHEREAS, the purchasing
profession works for private
nonprofit organizations: and
and materials
and public, and
management
profi t and
WHEREAS, in addition to the purchase of goods and
services, the purchasing and materials management profession
engages in or has direct responsibility for functions such
07-206
03/14/07
as executing, implementing and administering contracts;
developing forecast and procurement strategies; supervising
and/or monitoring the flow and storage of mate~rials; and
developing working relations with suppliers and with other
departments within the organization; and
WHEREAS, the purchasing and materials management
profession h.:ls tremendous influence on the economic
conditions in the United States, with an accumulative
purchasing power running into the billions of dollars: and
WHEREAS, purchasing or procurement operations range
from departments of one person to several thousand; and
~..
WHEREAS, qovernmental purchasing and other associations
around the world are sponsoring activities and special
events to further educate and inform the general public on
the role of purchasing wi thin businE~ss, industry and
government.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors hereby recognizes the month of
March 2007, as "Purchasing Month" in Chesterfield County and
encourages all citizens to join in commemorating this
observance.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.S. APPROVAL OF UTILITY CONTRACT FOR OTTERDALE ROAD
PHASE :2:/HARPERS MILL PARKWAY PHASE I, CONTRACT
NUMBER 06-0112
---'
On motion of ],)1r. King, seconded by Mrs. Humphrey, the Board
approved the following utility contract for Otte'rdale Road
Phase 2/Harpers Mill Parkway Phase 1, Contract Number 06-
0112:
Developer:
Oakbridge Corporation
Contractor:
Piedmont Construction Company, Inc.
Contract Amount:
Estimated County Cost for Oversizing
Estimated Developer Cost
Estimated Total. . . . . .
. ~;54, 614.00
. $~)15, 686.00
. $~)70, 300.00
Code: (Refunds thru Connections - Oversizing)
5B--572VO-E4C
District:
Matoaca
(It is noted a copy of the vicinity sketch is filed with the
papers of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
-
07-207
03/14/07
8. C. 6 . AWARD OF CONSTRUCTION CONTRACTS
8. C. 6 . b. FOR THE SOUTHWEST CORRIDOR WATER IMPROVEMENTS,
RIVER ROAD, PROJECT A
--
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
awarded a construction contract to Park Construction
Corporation, in the amount of $10,113,013.13, for County
Project 05-0147, Southwest Corridor Water Improvements,
River Road Proj ect A, and authorized the County
Administrator to execute the necessary documents. (It is
noted a copy of the vicinity sketch is filed with the papers
of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8 . C. 7 . CONVEYANCE OF AN EASEMENT TO COLUMBJ:A GAS OF
VI~GJ:NIA, INCORPORATED ACROSS COUNTY PROPERTY TO
SERVE THE PROPOSED TOMAHAWK CREEK MIDDLE SCHOOL
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an easement agreement with
Columbia Gas of Virginia, Incorporated across county
property to serve the Tomahawk Creek Middle School. (It is
noted a copy of the plat is filed with the papers of this
Board. )
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.8. ACCEPTANCE OF PARCELS OF LAND
8 . C. 8 . a. ALONG THE WEST RIGHT OF WAY LINE OF NORTH ARCH
ROAD FROM ALLEN AND MARGARET KIDD
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
accepted the conveyance of a parcel of land containing 0.064
acres along the west right of way line of North Arch Road
(State Route 672) from Allen and Margaret Kidd, and
authorized the County Administrator to execute the deed.
(It is noted a copy of the plat is filed with the papers of
thi s Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
-
8.C.8.b. ALONG THE EAST RIGHT OF WAY LINE OF SOUTH OLD
HUNDRED ROAD FROM MAG PROPERTIES
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
accepted the conveyance of a parcel of land containing 0.015
acres along the east right of way line of South Old Hundred
Road (State Route 754) from MAG Properties, and authorized
the County Administrator to execute the deed. (It is noted
a copy of the plat is filed with the papers of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07-208
03/14/07
8.C.9. REQUES~ TO QUITCLAIM A PORTION OF A SIXTEEN-FOOT
WATER EASEMENT ACROSS THE PROPERTY OF THE
COMMONWEALTH OF VIRGINIA, VIRGINIA STATE UNIVERSITY
On motion of 11r. King, seconded by Mrs. Humphrey, the Board
authorized thE! Chairman of the Board of Supervisors and the
County Administrator to execute a qui tclaim deed t:o vacate a
portion of a 16-foot water easement across the property of
the Commonwealth of Virginia, Virginia State University.
(It is noted a copy of the plat is filed with the papers of
thi s Board.)
-
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.l0. REQUEST FOR PERMISSION FROM R.C. WHEELER
CONSTRUCTION COMPANY TO INSTALL A PRIVATE SEWER
SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY
AT 2231 MCRAE ROAD
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
approved a request from R.C. Wheeler Construction Company
for permission to install a private sewer service within a
private easement to serve property at 2231 McRae Road, and
authorized thE:! County Administrator to execute the sewer
connection agreement. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.ll. AUTHORIZE THE COUNTY ADMINISTRATOR TO APPLY FOR A
HAZARD MITIGATION GRANT TO ACQUIRE PROPERTIES
FLOODED BY TROPICAL STORM ERNESTO
-
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
authorized thE! County Administrator to apply for a hazard
mitigation grant to acquire properties located at 14700
Harrowgate Road and 8320 Lyndale Drive which were flooded by
Tropical Storm Ernesto, with a stipulation that no county
funds would be expended on any of these acquisitions.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.12. RECEIPT AND APPROPRIATION OF FEDERAL AVIATION
ADMINISTRATION FUNDS AND VIRGINIA DEPARTMENT OF
AVIATION FUNDS AND APPROVAL OF CHANGE ORDER
NUMBER TWO TO THE CONSTRUCTION CONTRACT WITH BRANCH
HIGHWAYS, INCORPORATED FOR THE CONSTRUCTION OF THE
NORTH TERMINAL APRON AND T-HANGAR TAXIWAY CONNECTOR
--'
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
approved the receipt and appropriation of $106,951.20 in
Federal Aviation Administration funds and $3,377.40 in
Virginia Department of Aviation funds, and authorized the
County Administrator to execute change order number two with
Branch Highways, Incorporated in the amount of $112,580.21
for the construction of the north terminal apron and t-
hangar taxiway connector.
07-209
03/14/07
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.14. APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH WCVE-
FM RADIO
.......
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
adopted a Memorandum of Understanding with WCVE-FM radio,
which has also been adopted by Goochland, Hanover, Henrico,
New Kent and powhatan counties, providing a back-up
capability for the localities to use in order to disseminate
information to the public in an emergency situation. (It is
noted a copy of the Memorandum of Understanding is filed
with the papers of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.16. SET DATE FOR 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 2001 AND SERIES 2002 GENERAL
OBLIGATION BONDS AND CLOSING COSTS, AND ADOPT A
RESOLUTION FOR THE ADVANCE REFUNDING DUE TO THE
MARKET BEING FAVORABLE FOR REFUNDING
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
set the date of March 28, 2007 at 6:30 p.m. for a public
hearing for the Board to consider the appropriation of up to
$30,000,000 in payment to the escrow agent for advance
refunding of Series 1999A, Series 2001 and Series 2002
general obligation bonds and closing costs.
it\llil!IIfIito
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
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;
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,
07-210
03/14/07
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 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 $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, 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 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, 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 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
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) 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 Count.y 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, all or
a portion of one or more of the outstanding maturities of
the Series of 2001 Bonds and all or a portion of one or more
of the outstanding maturities of 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)
interest
This Board deems
of the County to
it advisable and in the best
authorize and provide for the
07-211
03/14/07
issuance, sale and deli very 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 Refunded 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. (a) 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) (1) The Bonds shall be issued only in fully
registered form. One Bond representing each maturity of the
Bonds will be issued to and registered in the name of Cede &
Co., as nominee of The Depository Trust Company, New York,
New York ("DTC"), or in the name of such other nominee of
DTC as may be requested by an authorized representative of
DTC, as registered owner of the Bonds, and each such Bond
shall be immobilized in the custody of DTC. DTC will act as
securities depository for the Bonds. Individual purchases
will be made in book-entry form only, in the principal
amount of $5,000 or any integral multiple thereof.
Purchasers will not receive physical delivery of
certificates representing their interests in the Bonds
purchased.
,-
(ii) Principal, premium, if any, 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, premium, if any, 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.
07-212
03/14/07
(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
wi th, notifying, or otherwise dealing wi th 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 sta.ted 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 YE~ar. 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 req~irement term Bonds of the maturity then
subj ect to redemption which have been purchased and
cancelled by the County or which have been redeemed and not
theretofore applied as a credit against any mandatory
sinking fund redemption requirement.
(e) 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
maturi ty 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 Bonjs. 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
07-213
03/14/07
-
Bond shall have been given as aforesaid, and payment of the
principal amount of such Bond (or the portion of the
principal amount thereof to be redeemed) and of the accrued
interest and premium, if any, payable upon such redemption
shall have been duly made or provided for, interest on such
Bond shall cease to accrue from and after the date so
specified for redemption thereof. So long as the Bonds of
any series are in book-entry only form, any notice of
redemption will be given only to DTC or its nominee. The
County shall not be responsible for providing any beneficial
owner of the Bonds with a notice of redemption.
SECTION 4. Appointment of County Treasurer as
Registrar and Paying Agent; Payment of Bonds: Books of
Registry: Exchanges and Transfers of Bonds. 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 and premium, if any, on 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 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 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.
07-214
03/14/07
(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, accompanil3d 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) 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 wi th respect to such transfer or exchange. All
Bonds surrendered pursuant to this Section 4 (c) shall be
cancelled.
SECTION 5. Execution and Authentication of Bonds;
CUSIP Identifi~~ation Numbers. (a) Execut~on 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 this Board, and the corporate seal of this Board 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 ma.nually 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
nei ther the failure to print any such number on any Bonds,
nor any error or omission with respect thereto, shall
constitute caUBe for failure or refusal by the successful
bidder for the Bonds to accept delivery of and pay for the
Bonds in accordance wi th 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.
07-21S
03/14/07
........""
-"
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
fai th and credit of the County shall be and is hereby
irrevocably pledged to the punctual payment of the principal
of and premium, if any, and interest on the Bonds as the
same become due. In each year while the Bonds, or any of
them, are outstanding and unpaid, this Board is authorized
and required to levy and collect annually, at the same time
and in the same manner as other taxes in the County are
assessed, levied and collected, a tax upon all taxable
property within the County, over and above all other taxes,
authorized or limited by law and without limitation as to
rate or amount, sufficient to pay when due the principal of
and 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 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 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.
07-216
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(d) The Preliminary Official Statement shall be
"deemed final'" as of its date for purposes of Rule lSc2-12
promulgated by the Securities and Exchange Commission
pursuant to the Securities Exchange Act of 1934 ('''Rule lSc2-
12") except for the omission of information permitted to be
omitted by Rule lSc2-12. 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 lSc2-12 as of its date.
SECTION 10. Sale of Bonds. (a) There is hereby
delegated to the County Administrator authority, without
further action by this Board, to sell the Bonds authorized
for issuance under this resolution in accordancE:! with the
provisions herE~of at competitive sale at such price, 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 cau.se to bE! prepared,
published and distributed a Detailed Notice of Sale of the
Bonds in such form and containing such tE=rms and conditions
as he may deem advisable, subj ect 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 J~dministrator shall
approve to be published in The Bond Buyer on a date selected
by the County ,A,dministrator.
(b) The County Administrator is hereby aut.horized to
receive bids for the purchase of the Bonds and, without
further action by this Board, to accept t.he bid offering to
purchase the Bonds at the lowest t.rue interest cost to the
County, comput.l:!d 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, (ii) that the
true interest cost to the County as specified in such bid is
not in excess of six percent (6.00%) and (iii) any premium
payable upon t.he optional redemption of the Bonds shall not
exceed two percent (2.00%). 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) (S) of such Rule lSc2-12 to the
extent applicable to the Bonds. The County Administrator,
the Director of Accounting and the County Att:orney are
hereby authorized to execute and deliver to the purchasers
07-217
03/14/07
-
-
--
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.
Subj ect 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.
-
SECTION 12. Authorization to Purchase Government
Securi ties. 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 agreements,
including forward supply agreements, if any, as shall be
required in connection with the refunding of the Refunded
Bonds providing for the purchase by or on behalf of the
County in the open market of 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
07-218
03/14/07
Treasurer is hereby authorized to sell any securities held
by the Escro'W Agent under and in accordance with the
provisions of the Escrow Deposit AgreemEmt and to purchase
securities in lieu of and in substitution therefor.
SECTION 13. Filing of This Resolution. The County
Attorney is hereby authorized and directed to file a copy of
this resolution, certified by the Clerk of this Board to be
a true and correct copy hereof, with the Circuit Court of
the County of Chesterfield.
SECTION l,~. 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 resoluticm.
-.'
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 VIRGINI1\
COUNTY OF CHESTERFIELD
GENERAL OBLIGATION PUBLIC IMPROVEMENT
REFUNDING BOND, SERIES _ OF 200
---
REGISTERED
REGISTERED
No. R-
$
INTEREST RATE: MATURITY DATE
DATE OF BOND:
CUSIP NO.
%
__,20
-__I
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, foOr 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 em, 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 '""hich case
from such interest payment date if interest has been paid to
such date, or unless such date of authentication is within
-.,..
07-219
03/14/07
,~
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
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
maturi ty are called for redemption, the particular Bond or
portions thereof shall be selected by lot), at a redemption
price equal to the principal amount thereof, together wi th
the interest accrued on the principal amount to be redeemed
to the date fixed for the redemption thereof.
If this Bond is redeemable and this Bond (or any
portion of the principal amount hereof in installments of
$5,000) shall be called for redemption, notice of the
redemption hereof, specifying the date, number and maturity
of this Bond, the date and place or places fixed for its
redemption and if less than the entire principal amount of
07-220
03/14/07
this Bond is to be redeemed, that this Bond must be
surrendered i:l1. exchange for the principal amount hereof to
be redeemed and a new Bond or Bonds issued equaling in
principal amount that portion of the principal amount hereof
not to be redeemed, shall be mailed not less than thirty
(30) days prior to the date fixed for redemption by first
class mail, postage prepaid, to the Registered Owner of this
Bond at his address as it appears on thE~ books of registry
kept by the Registrar for the Bonds. ~rhe 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 he~en 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 t.o the limitations and upon paymEmt of the
charges, if any, provided in the proceedings authorizing the
Bonds of the sl3ries of which this Bond is one, this Bond may
be exchanged at the 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 int:erest rate and maturity. This Bond is
transferable by the Registered Owner hereof, in pE~rson 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 t.he 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.
.....--r
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, 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 othE~r 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 signet:), 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
07-221
03/14/07
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 --'
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
For
assign(s)
value
and
received,
transfer(s)
the undersigned
unto
hereby
sell(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:
the within Bond and all rights thereunder, and hereby
irrevocably constitutes and appoints
attorney, to transfer such Bond on the books kept for the
registration thereof, with full power of substitution in the
premises.
-
Dated:
Signature Guaranteed:
(Signature of Registered
Owner)
NOTICE: The signature above
must correspond with the
name of the Registered
NOTICE: Signature(s) must be
guaranteed by a member firm
of The New York Stock
Exchange, Inc. or a
commercial bank or trust
07-222
03/14/07
company.
Owner as it appears on the
front of this Bond in every
particular, without
alteration, enlargement or
any change whatsoever.
Ayes: Miller, Humphrey, King, Sowder and V'larren.
Nays: None.
The following item was removed from the Consent Agenda for
Board discussion: _
8.C.1S. REQUEST FOR A MUSIC/ENTERTAINMENT FESTIVAL PERMIT
FOR AMUSEMENT PROMOTIONS, INCORPORATED AND
REITHOFFER SHOWS TO CONDUCT A CARNIVAL AT
CLOVERLEAF MALL ON MARCH 28 THROUGH APRIL 8, 2007
Mr. Warren inquired whether the surrounding neighborhoods
had been informed about the noise that might be generated
from the proposed carnival.
Mr. Stel Parthemos, Senior Assistant County Attorney stated
he is not awar,e of any communication with the neighborhoods.
He further st:ated the applicant has been working closely
with the Police, Fire and Health Departments to meet their
requirements.
There was bri,ef discussion relative to the neighborhoods
that surround Cloverleaf Mall.
Mr. Parthemos stated the same people who will be operating
the proposed carnival have operated carnivals at. Southpark
Mall in Colonial Heights for the past few years.
~
Discussion ensued relative to the use of private property in
Chesterfield to benefit private inner city Catholic schools.
Mr. Parthemos stated the $20,000 payment for use of the
facility will be placed in the operating fund for the mall.
Discussion ensued relative to the possibili ty of acquiring
community input. prior to approval of the permit.
Mr. Sowder made a motion for the Board to approve the
request for a music/entertainment festival permit, with the
stipulation that there are no objections from the local
neighborhoods.
Mr. Micas stated the Board must either approve or deny the
request, noting that it is not possible for the Board to
approve an act.ion, leaving it subject to someone not liking
it.
In response to Mrs. Humphrey's question, Mr. parthemos
stated the applicant was made aware of today's meeting, but
has chosen not to attend.
-
Colonel Baker came forward and assured the Board that the
event will be adequately policed at no cost to the county.
07-223
03/14/07
Mr. King stated he attended the carnival with his family at
Southpark Mall, indicating that it was a very clean
organization and the children enjoyed it.
Mr. Sowder stated he will support the
clarifications by the Police Department
will not impact any of the neighborhoods.
request based on
and hopes that it
Mr. Micas stated the Board could impose the following
additional condition relative to noise control. Staff would
impose any noise controls or any controls necessary to
minimize any impact on surrounding neighborhoods.
Mr. Sowder made a motion, seconded by Mr. Miller, for the
Board to approve a request from Amusement Promotions,
Incorporated and Reithoffer Shows for a music/entertainment
festival permit, subject to conditions filed with the papers
of this Board and the addition of the condition stated above
relative to noise control, for a carnival at Cloverleaf Mall
on March 28 through April 8, 2007.
Ayes: Miller, Humphrey, King and Sowder.
Nays: Warren.
The following item was removed from the Consent Agenda for
public comment:
8. C . 6 . a. FOR THE SOUTHWEST CORRJ:DOR WATER IMPROVEMENTS,
RJ:VER/RIVERWAY ROADS, PROJECT B
Mr. Mark Singer, Executive Director of the Richmond Area
Municipal Contractors Association (RAMCA) , expressed
concerns that the county is about to spend $1,250,000 more
than they should on this project. He stated, in his
opinion, the engineer involved by the county to prepare the
documentation on the project inserted one line in the
specifications, which creates a requirement that is onerous,
unreasonable and punitive with regard to both the county and
the members of RAMCA. He further stated the specifications
required that the successful contractor will have installed
at least 10,000 linear feet of large diameter pipe within
the last five years. He stated the low bid of a RAMCA
member was rej ected based on that provision. He stated
apparently there was some discussion in a pre-bid conference
relative to this language, but expressed concerns that the
language negatively impacts the county and RAMCA members.
He further stated all of the Class A contractors comply with
state, federal and local regulations and are bonded.
~
Mr. Tom Tennille stated he is not connected with this issue
in any way, but is very concerned about the waste of tax
dollars. He further stated he has been in construction all
his life and thinks it is outrageous that this condition be
placed on contractors.
In response to Mr. Miller's question, Mr.-. Covington stated
staff believes it will be in the best interest of the county
to proceed with awarding the contract to S.J. Louis
Construction, Incorporated. He then introduced Mr. Dave
Plumb, Vice President of URS Corporation, the engineering
firm used by the county on this project.
07-224
03/14/07
Mr. Plumb stated large water mains are considered to be 36
inches or larger.
In response t.o Mr. Miller's questions, Mr. Plumb stated a
different set of skills are required to place 36-inch pipe
into trenches and connect the pipes together than for 30-
inch pipe. He further stated, in his opinion, the lowest
bidder has underestimated the complexity of constructing
this proj ect.
Discussion
completion
experience
ensued relative to the county's time schedule for
of the project and the arbitrariness of the
required of the contractors.
-
Mr. Plumb stated it is important to have contractors with
recent experil::!nce because materials change over time, and
the contractors with recent experience are familiar with
required new installation techniques for large diameter
pipe.
Mr. Miller expressed concerns that the proposed contractor
will have to become familiar with the county's topography
and geography since they have not done any previous work in
the county.
Mr. Covington stated, although the contractor may not be
familiar with the soil along River Road, he is familiar with
large diameter water proj ects, such as this. He further
stated the non-responsive low bidder had not constructed
projects with anything larger than 30-inch pipes. He stated
there are significant differences in projects involving 30-
inch and 42.-inch pipes. He further stated similar
contractor qualifications are consistently required by other
jurisdictions for proj ects of this magnitude. He noted
there are currently no utility projects that have used 42-
inch pipe in the county.
~
In response to Mr. Miller's question, Mr. Plumb st:ated it is
essential to have this restriction to ensure that the job lS
properly completed.
Discussion ensued relative to problems that would occur with
construction bonds, if a contractor were to default on the
contract.
Mr. Covington stated completion of the project by the summer
of 2008 is critical for the Utilities Department. He
further stated water demands are increasing, with a peak of
60 million gallons last year. He stated the county's
delivery capability is currently 62 million gallons per day.
He expressed concerns that additional system capability and
storage is necessary if a drought were to occur.
In response to Mr. Miller's question, Mr. Covington stated
the contractors' restriction was stressed in a mandatory
pre-bid conference. He expressed concerns that the low
responsive bidder did not make any efforts to discuss
amending thi s language. He s ta ted the engineer reques ted
additional documentation of the contractor's work history
relative to the qualifications required. He further stated
the contractor was able to show that they had construction
experience with 30-inch lines, but clearly did not meet the
qualifications in the bid package. He stated he is unaware
.-
07-22S
03/14/07
of any job that this contracting firm failed to complete,
but they do not have the experience needed to complete a
project of this magnitude.
Mr. Sowder inquired why this contractor would protest this
bid if he had any question about the ability to perform,
considering the bonding and insurance that is required of
him.
-
Discussion ensued relative to the range of the bids received
on the project.
Mr. Covington stated the lowest responsive bidder was 15
percent below the range, which indicates questions regarding
the contractor's understanding of the tasks associated with
the job.
Mr. Micas stated the public procurement process in Virginia
is very rigid. He further stated, based on the clarity of
the requirements for a qualified bidder, he does not believe
the lowest responsive bidder would have any legal basis to
contest the award to someone else.
Mr. Covington stated the county has a risk in engaging with
a contractor that has not proven himself with a track record
that he can perform the requirements of the contract. He
further stated the lowest responsive bidder has provided an
extremely good cost for the project. He expressed concerns
relati ve to the escalation in the cost of steel and stated
he is grateful that the project is within budget.
Mr. Ramsey stated if the Board is not satisfied, the only
option would be to re-bid the project, which would be a six-
to eight-week process. He expressed concerns relative to
the risk involved wi th this since the market value of the
project is already known. He stated staff does not like
being in this position and is committed to reviewing this
requirement with the contracting community to see if it is
appropriate. He urged the Board to approve the award of the
contract to S. J . Louis Construction because of the
criticality of having the water available by the spring of
2008.
Mr. Miller stated it is important to determine whether or
not there is sufficient rationale for this requirement of
contracting firms.
~-
Mrs. Humphrey stated she does not like the position that the
county is in with this contract award and does not like to
see the local business community excluded from any business
opportunity through the government procurement process. She
expressed concerns that the market value of the project is
now known and that re-bidding the project could result in an
additional burden on the taxpayers. She stated this project
cannot be delayed because the county needs to get this water
main in place. She further stated she is very disappointed
that many contractors were not qualified because of the
specified requirements and directed staff to evaluate the
importance of this requirement for future bids.
Mr. Miller stated he will support approval of awarding the
contract to S.J. Louis Construction, but is concerned about
the validity of the specified requirements.
07-226
03/14/07
On motion of Mrs. Humphrey, seconded by Mr. Miller, the
Board awarded a construction contract to S.J. Louis
Construction, Incorporated, in the amount of $8,200,000, for
County Project 05-0149, Southwest Corridor Water
Improvements, River/Riverway Roads Project B, and
authorized thE~ County Administrator to execute the necessary
documents. (It is noted a copy of the vicinity sketch is
filed with the papers of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
--
9 . REPORTS
9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS
9. B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR
FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS
AND LEASE PURCHASES
On motion of ]Mrs. Humphrey, seconded by Mr. King, the Board
accepted the following reports: a Report on Developer Water
and Sewer Contracts: and a Report on the Status of General
Fund Balance, Reserve for Future Capital Projects, District
Improvement Funds and Lease Purchases.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
-'
No one had requested to address the Board at this time.
11. CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A)(1),
CODE OF VIRGINIA, 19S0, AS AMENDED, TO DISCUSS
QUALIFICATIONS OF SPECIFIC PERSONS FOR POSSIBLE
APPOINTMENT TO THE COMMITTEE TO EVALUATE CANDIDATES
FOR POLICE CHIEF
Mr. Ramsey recommended that the Closed Session scheduled for
this time be passed by until the end of the evening agenda
because of the lengthiness of this afternoon's agenda.
12. DINNER
On motion of Mr. King, seconded by Mr. Miller,
recessed to the Administration Building, Room
dinner with members of the School Board.
the Board
502, for
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
.--
Reconvening:
07-227
03/14/07
13. INVOCATION
Reverend C. Sherrill Michael, Pastor of Chester Outreach
Church of Nazarene, gave the invocation.
;;~
Mr. Miller stated Mr. Oliver D. "Skitch" Rudy, former
Commonwealth's Attorney, passed away on March 13, 2007. He
requested that others remember Mr. Rudy's family in their
thoughts and prayers and stated he will certainly be missed.
14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES
OF AMERICA
Mr. John Harmon led the Pledge of Allegiance to the flag of
the United States of America.
lS. RESOLUTIONS
There were no resolutions at this time.
16. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING
PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE
FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE
THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS
NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT
ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC
OPPOSITION WILL BE HEARD AT SECTION 18
07SN0202
In Clover Hill Magisterial District, GOOD NEWS FREE WILL
BAPTIST CHURCH requests Conditional Use and amendment of
zoning district map to permit a private school and child
care center use in an Agricultural (A) District. The
density of such amendment will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for residential use of
1.0-2.5 dwelling units per acre. This request lies on 4.7
acres and is known as 5200 Courthouse Road. Tax ID 748-679-
9519.
Mr. Turner presented a summary of Case 07SN0202 and stated
the Planning Commission and staff recommended approval
subject to conditions and acceptance of the proffered
conditions.
,....
Pastor Glen Johnson, representing the applicant, stated the
recommendation is acceptable.
Mr. Miller called for public comment.
No one came forward to speak to the request.
On motion of Mr. Warren, seconded by Mr. King, the Board
approved Case 07SN0202, subject to the following conditions:
1.
Except where the requirements
Agricul tural (A) zoning are more
of the underlying
restrictive, any new
07-228
03/14/07
development for school and child care center use shall
conform to the requirements of the Zoning Ordinance for
commercia.l uses in Emerging Growth Areas, excluding
buffer re'quirements. (P)
2. There shall be no active playfields, courts or similar
active recreational facilities which could accommodate
organized sports such as football, soccer, basketball,
etc. ( P)
3.
Except as specified in Proffered Condition 2, any
playground areas shall be located a minimum of forty
(40) feet from all property lines. Within this
setback, existing vegetation shall be supplemented,
where necessary, with landscaping or other devices
designed to achieve the buffering standards contained
in Section 19-522 (a) (1) of the Zoning Ordinance. (P)
,-
4. There shall be no direct vehicular access from the
property to Genlou Road. (P)
And, further, the Board accepted the following proffered
conditions:
1.
Prior to operation of the private school or child care
center uses, a minimum six (6) foot high solid board
fence shall be installed along the southern property
line adjacent to property identified as Tax IDs 748-
678-7484 and 749-679-0100, beginning at a point
approximately 500 feet west of Courthouse Road and
ending at: a point approximately 400 feet westward of
the beginning point. Prior to the installation of the
fence a plan depicting the exact location and design of
the fence shall be submitted to the Planning Department
for review and approval. (P)
-
2. All driveways, parking areas and playgrounds shall be
located a minimum of Seventy- fi ve (75) feet from the
western property line unless the fence described in
Proffered Condition 1 is extended westward an equal
distance to the improvements described above. (P)
3. Any childcare or private school uses shall be conducted
only in association with a church use on the property.
(T)
4. Direct vehicular access from the property to Courthouse
Road shall be limited to the one (1) existing driveway
located approximately 200 feet north of Qualla Road.
This driveway shall be limited to exiting traffic only.
The deve,loper shall install signage, approved by
Transportation Department, to discourage vehicles from
using this driveway as an entrance. (T)
5 .
Prior to a cumulative enrollment of more than forty
(40) students in the private school and day care,
additional pavement shall be constructed along
Courthousle Road to provide a southbound right turn lane
at the existing access to the north that serves the
property. (T)
~-
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07-191
03/14/07
07SN0211
In Clover Hill Magisterial District, KIDD AND CO., INC.
requests rezoning and amendment of zoning district map from
Agricultural (A) to Residential (R-12) plus Conditional Use
Planned Development to permit exceptions to Ordinance
requirements. Residential use of up to 3.63 units per acre
is permitted in a Residential (R-12) District. The
Comprehensive Plan suggests the property is appropriate for
medium density residential use of 1.51 to 4.0 units per
acre. This request lies on 13.3 acres fronting
approximately twenty (20) feet on the southwest line of
Hicks Road approximately 500 feet northwest of Dowd Lane,
also lying off the north terminus of Elkview Drive. Tax IDs
756-692-3087 and 9186: 756-693-7609: and 756-692-Part of
2663.
Mr. Turner presented a summary of Case 07SN0211 and stated
the Planning Commission and staff recommended approval of
both the rezoning request and the request for relief to
street access requirements and acceptance of the proffered
conditions.
Mrs. Carrie Coyner, representing the applicant, stated the
recommendation is acceptable.
Mr. Miller called for public comment.
No one came forward to speak to the request.
-
On motion of Mr. Warren, seconded
Board approved Case 07SN0211 and
proffered conditions:
by Mrs.
accepted
Humphrey, the
the following
The Applicant in this zoning case, pursuant to Section 15.2-
2298 of the Code of Virginia (1950 as amended) and the
Zoning Ordinance of Chesterfield County, for themselves and
their successors or assigns, proffer that the development of
the Property known as Chesterfield County Tax Identification
Numbers 756-692-2663 (part of), 756-692-3087, 756-693-7609,
756-692-9186 (13.3 acres) (the "Property") under
consideration will be developed according to the following
conditions if, and only if, the rezoning request for R-12
with a conditional use planned development is granted. In
the event the request is denied or approved with conditions
not agreed to by the Applicant, the proffers and conditions
shall immediately be null and void and of no further force
or effect. If the zoning is granted, these proffers and
conditions will supersede all proffers and conditions now
existing on the Property.
1.
Master Plan. The Textual Statement dated December 14,
2006, revised January 23, 2007, shall be considered the
Master Plan. (P)
.~
2. Timbering. With the exception of timbering which has
been approved by the Virginia State Department of
Forestry, there shall be no timbering until a land
disturbance permit has been obtained from the
Environmental Engineering Department and the approved
devices have been installed. (EE)
07-192
03/14/07
3 .
Utilities. The
shall be used.
public
(U)
water
and wastewater
systems
4. Dedication. Within 120 days of approval of this
request, forty-five (45) feet of right-of-way on the
west sidE~ of Hicks Road, measured from the center-line
of the r"oadway immediately adjacent to the property,
shall be dedicated, free and unrestricted, to and for
the benefit of Chesterfield County. (T)
5.
Access. There shall be no direct vehicular access from
the Property to Hicks Road. (T)
.....-'"
6. Density.
(a) The overall average lot sizes for any lots having
sole access through Elkview Drive shall be 14,320
square feet.
(b) Lots shall not exceed a density of 2.5 dwelling
uni ts per acre for any lots having sole access
through Elkview Drive.
(c) Development shall be limited to a maximum of
twenty-five (25) lots. (P)
7. Cash Proffer. The applicant, subdivider, or
assignee (s) shall pay the following to the County of
Chesterfield, prior to the issuance of a building
permit, for infrastructure improvements within the
service district for the property:
a. $15,600 per dwelling unit, if paid prior to July
1, 2007; or
b.
The amount approved by the Board of Supervisors
not to exceed $15,600 per dwelling unit adjusted
upward by any increase in the Marshall and Swift
Building Cost Index between July 1, 2006, and July
1 of the fiscal year in which the payment is made
if paid after June 30, 2007.
-
Cash proffer payments shall be spent for the purposes
proffered or as otherwise permitted by law. (B&M)
8. Restrictive Covenants. The following shall be recorded
as restrictive covenants in conjunction with the
recordation of any subdivision plat:
BEXLEY SECTION XVII
Chesterfield County, Virginia
Restrictive Covenants
This declaration of restrictions, covenants,
is made and executed this _ day of
by Kidd and Co., Inc. (the Owner).
and conditions
, 2007,
-
Recitals
A. The owner is the fee simple owner of certain real
property located in Chesterfield County, Virginia, as
shown on Exhibit A attached hereto and made a part
hereof, and it is its desire to provide for the orderly
development of a residential community thereon.
B. The Owner desires to subject the Property to the
covenants and restrictions as hereinafter set forth for
07-193
03/14/07
......
A.
,.....
the benefit of the Property and each owner of a portion
thereof.
Now, therefore, the Owner hereby declares the
Property is and shall be held, transferred, sold,
conveyed, occupied, and used subject to the covenants,
conditions, and restrictions hereinafter set forth,
such covenants, conditions, and restrictions to run
with, bind and burden the Property for and during the
period of time hereinafter specified.
Addi tions to the Property by Owner As long as the
Owner owns any real property in the general area of the
Property described in Exhibit A hereto, the Owner may
submi t additional real property to the provisions of
this Declaration by filing a supplement hereto in the
appropriate Clerk's Office.
Architectural Control Committee
B.
1.
2.
3.
No building, structure, outbuilding, fence, wall,
or improvement of any nature whatsoever (except
for interior alterations to existing structures
not affecting the external structure or appearance
of any improvement on any portion of the Property)
shall be constructed or modified on the Property
unless and until the plans for such construction
shall have been approved in writing by the
Architectural Control Committee (the Committee).
The plans submitted to the Committee for approval
shall include:
a. The construction plans and specifications and
related drawings, and
b. A plat showing the location of all proposed
improvements.
No plans for a primary dwelling to be constructed
on the Property shall be submitted for such
approval unless the living area of such dwelling,
exclusive of open porches, attics, basement, and
garages shall exceed 1800 square feet for one
story residences, and 2000 square feet for two
story residences: provided, however, that this
provision may be wai ved in writing by the
Committee. No plans for a primary dwelling to be
constructed on the Property that is immediately
adjacent to and abutting Lots 1, 2, 3, and 4 of
Bexley, Resub Portion of Section 7 shall be
submitted for such approval unless the living area
of such dwelling, exclusive of open porches,
attics, basement, and garages shall exceed 2,000
square feet for one story residences, and 2,200
square feet for two story residences: provided,
however, that this provision may be waived in
writing by the Committee. No more than five (5)
primary dwellings may be constructed on the
Property which touch Lots 1, 2, 3, and 4 of Bexley
Resub Portion of Section 7. All garages shall be
side loading or rear loading.
Approval by the Committee shall be based upon
compliance wi th the provisions of this
Declaration, the quality of workmanship, and the
materials, harmony of external design with
surrounding structures, location of improvements
with respect to topography and finished grade
elevation, the effect of the construction of the
outlook from surrounding portions of the Property,
07-194
03/14/07
4.
color schemes and all other factors which in the
reasonable opinion of the Committee will affect
the desirability or suitability of the proposed
improvements in relation to the aesthetic quality
of t.he Property.
Approval or disapproval of each application to the
Committee shall be given to the applicant in
writing within fourteen (14) days of receipt of a
complete set of plans and application. In the
event the approval or disapproval is not
forthcoming wi thin fourteen (14) days, unless an
extension is agreed to by the applicant in
writing, the application shall be deemed approved,
and the construction of the applied for
improvements may be commenced, provide that all
such construction is in accordance with the
submi tted plans and provided, further, that such
plans conform in all respects to the other terms
and provisions of this Declaration.
If the Committee disapproves an application, the
applicant may appeal to the Bexley Association
Board of Directors (BABD), also known as The
Bexley Homeowners Association. The BABD shall
approve or disapprove the application within
fourteen (14) days of receipt of a complete set of
plans and application. In the event the approval
or disapproval is not forthcoming wi thin fourteen
(14) days, unless an extension is agreed to by the
applicant in writing, the application will be
deemed approved, and the construction of the
applied for improvements may be commenced,
provided that all such construction is in
accordance with the submitted plans and provided
further, that such plans conform in all respects
to the other terms and provisions of this
Declaration.
Approval by the Committee shall not constitute a
basis for liability of the members of the
Committee, the Committee, or the Owner for any
reason, including with the limitation (a) failure
of the plans to conform to any applicable building
codes or (b) inadequacy or deficiency in the plans
resulting in defects in the improvements.
The Committee shall be composed of three
individuals appointed by BABD also know as The
Bexley Homeowners Association. These members may
be removed by the BABD with or without cause, and
all successors shall be appointed by the BABD as
stated above, as long as the Owner has an
ownership interest in the Property and thereafter,
as t:he owners of portions of the Property shall
determine among themselves. The committee members
shall not be entitled to any compensation for
their activities hereunder. The committee may
desi9nate a representative to act in its behalf,
who need not be a member of the Committee, and
such representative shall not be entitled to
compensation for his activities hereunder.
The authority of the Committee hereunder, its
proc1edures and make-up, may be modified or
abro9ated by covenants and guidelines followed by
the BABD which has the sole authority to change
the i\CC standards and guidelines.
---
~
5 .
6.
7 .
07-195
03/14/07
,..-..
c. Restrictions
1. No lot shown on a plat of the subdivision of the
Property (lot) shall be used except for
residential purposes, and for purposes incidental
thereto, except for model homes utilized by
builders. Only one residence shall be constructed
on a lot: provided, however, tha t sui table
outbuildings and other improvements of the same
construction and exterior siding as the main
residence may be constructed, if approved by the
Committee as hereinbefore provided.
2. No sign of any kind shall be displayed to the
public view on any lot except one sign of not more
than six square feet advertising the lot for sale,
or signs used by a builder to advertise the lot
during the construction and sales period.
3. No trailer, tent, shack, garage, barn, or other
outbuildings erected on any lot shall at any time
be used as a residence, temporarily or
permanently, and no structure of a temporary
character be used as residence.
4. No trailer, camper, recreational vehicle, or boat
having a height of five feet or more or truck
having a height of seven feet or more shall be
parked on the street in front of any residence.
Trailers, campers, recreational vehicles, boats,
or trucks of this nature shall not be parked over
twelve hours in anyone week on any lot, including
any driveway, so as to be visible from any street
or other portion of the Property.
5. No motor vehicle shall be parked for more than
twelve hours in anyone week on any lot without
having a current Virginia or other state license
tag.
6. Each primary dwelling shall have a roof which
consists of a 40 year
dimensional asphalt shingle. Other roof material
may be approved at the discretion of the
Architectural Control Committee.
7. All driveways shall consist of exposed aggregate
concrete, asphalt, or masonry pavement.
8. All mailboxes shall be identical in design and
provided by the owner to the original purchaser of
any lot and shall remain with the lot when such
lot is resold.
9. No animals, livestock, or poultry of any kind
shall be raised, bred, or kept on any lot, except
that dogs, cats, and other household pets may be
kept, provided (a) they are not raised, bred, or
kept for commercial purposes and (b) they shall
not become an annoyance or nuisance to other lot
owners.
10. No obnoxious or offensive activity shall be
carried on or allowed upon any portion of the
Property, nor shall anything be done thereon that
may be or become a nuisance or annoyance.
Ii. No lot shall be used or maintained as a dumping
ground for rubbish, trash, garbage, or other waste
and shall not be kept except in sanitary
containers maintained in a neat and orderly
manner. Equipment for the storage or disposal of
such materials shall be kept in a clean and
sanitary condition in rear yards only.
07-196
03/14/07
12. No lot may be subdivided, altered, or modified,
except as provided on the subdivision plat(s)
recorded and to be recorded in connection with the
development of the Property, provided, however,
that the Owner, with the approval of the
Committee, shall have the right to re-subdivide,
alter, modify, or vacate any subdivision plat, as
long as no lot shown thereon has been conveyed by
the Owners.
13. Each lot shall be maintained free of tall grass,
undergrowth, dead trees, weeds, and trash, and
generally free of any condition that should
decrease the attractiveness of the Property.
14. No lot shall be cleared of trees or defoliated in
such a manner as to decrease the attractiveness of
the Property.
15. Exterior construction of each dwelling on a lot
shall be completed within one year after the
commencement thereof.
16. To t.he extent permitted by law, no exterior radio
or t:elevision antenna or satellite dish shall be
erected on any lot without the Committee's
approval.
17. All utility lines shall be buried with the
exception of that part of the utility line which
normally is located above ground.
18. No lot shall contain or have on it an above-ground
swimming pool.
19. The house numbers on the mail box posts will be
designed and applied as the Architectural
Committee so specifies.
20. A distinctive architectural post lamp will be
provided to the original purchaser of any lot and
shall be maintained and used continuously for its
intended purpose and shall remain with the lot
when such lot is resold.
21. Sidewalks will be exposed aggregate concrete,
brick, or other masonry products approved by the
Committee. No smooth concrete surfaces will be
allowed on any exterior areas, except garage
aprons.
22. Service yards incorporating heating and air
conditioning equipment and trash areas must be
approved, properly located, and screened.
23. Front yard setbacks shall be a minimum of 35 feet
in depth. Rear yard setbacks shall be a minimum
of 25 feet in depth. Side yard setbacks shall be
a minimum of 7.5 feet in width.
24. Some homes shall share common driveways. Such
driveways shall only be used for ingress and
egress or other uses for such driveways as
described on the face of the plat. Cars cannot be
parked in the common driveway and the driveways
are not a recreational area and shall not be used
as a sport court or playground. No activity shall
be conducted in this area which unreasonably
interferes with the right of other property owners
to enjoy their homes.
If it becomes necessary to repair common
drivl9ways, the owners who use the driveway shall
make repairs and adjacent owners utilizing the
common driveway shall each bear an equal share of
the repairs expenses. If homeowners fail to make
07-197
03/14/07
--
-
--
,-
timely repairs to driveways, the ACC will
determine if the repairs are necessary , give the
owners notice of the need to make repairs, and
make such repairs and assess the property owners
equally for repair costs.
25. No homeowner or resident shall be allowed to rent
or sub lease any rooms or portion of the
residents. This does not prevent the home owner
from renting entire home but does prevent the
owner or resident from renting a portion of the
home.
THE BEXLEY SECTION XVII HOMEOWNER'S ASSOCIATION
MEMBERSHIP AND VOTING RIGHTS
Section 1 - Every Owner of a lot shall be a member of
the Association. Membership shall be appurtenant to,
and may not be separated from, ownership of any lot.
The association may incorporate or operate as an
unincorporated association.
Section 2 The Association shall have one class of
voting membership:
Class A. Class A members shall be all Owners and
shall be entitled to one vote for each lot owned so
long as association dues are paid. When more than one
person holds an interest in any lot, all such persons
shall be members. The vote for such lot shall be
exercised as they, among themselves, determine, but in
no event shall more than one vote be cast with respect
to any lot.
COVENANTS FOR MAINTENANCE ASSESSMENTS
-
Section 1- Creation of the Lien and Personal Obligation
of Assessments
Each lot owner, when a residence has been
constructed thereon, hereby covenants by the acceptance
and recording of the deed to pay to the Association:
1. Annual assessments or charges, and
2. Special assessments for capital improvements, such
assessments to be established and collected as
hereinafter provided. The annual and special
assessments, together with interest, costs, and
reasonable attorney's fees, shall be a charge on
the land and shall be a continuing lien upon the
property, against which each such assessment is
made. Each such assessment, together with
interest, costs, and reasonable attorney's fees
shall also be the personal obligation of the
person who was the Owner of such property at the
time when the assessment fell due. The personal
obligation of delinquent assessment shall pass to
his successors in title.
Section 2 - Purpose of Assessments
The assessments levied by the Association shall be
used exclusively to promote the recreation, health,
safety, and welfare of the residents in the properties
and for the improvement and maintenance of the Corrunon
Area, easements, and appearance of the subdivision.
All Class A members may use the common areas, as
provided by the rules adopted by the Homeowners'
Association.
07-198
03/14/07
The Association shall pay any real and personal
property taxes and other charges assessed against the
Common Area.
The Association shall maintain adequate liability
insurance~ .
Section 3 - Maximum Annual Assessment
Until January 1st of the year immediately
following the conveyance of the first lot to an Owner
for a residence, the annual assessment shall be one
hundred seventy five dollars $175.00 or as may be
changed by the BABD per lot I which has a completed
residence thereon, payable on by the 3rd Friday in
February each year.
(a) From and after January 1st of the year immediately
following the conveyance of the first lot to an
Owner IResident, the maximum annual assessment may
be increased each year, not more than 20% above
the maximum assessment for the previous year.
(b) From and after January 1st of the year immediately
following the conveyance of the first lot to an
Owner IResident, the maximum annual assessment may
be increased above 20% for a vote of greater than
50% entitled votes of all the votes of each class
of members, who are voting in person or by proxy,
at a meeting duly called for this purpose.
(c) The Board of Directors may fix the annual
assessment at an amount not in excess of the
maximum.
Section 4 - Special Assessments for Capital
Improvements
In addi tion to the annual assessments authorized
above, the Association may levy, ln any assessment
year, a special assessment, applicable to that year
only, for the purpose of defraying, in whole or in
part, the cost of any construction, reconstruction,
repair, or replacement of a capital improvement, to
include easements, improvements, and Common Area,
including fixtures and personal property related
thereto, provided that any such assessment shall have
the assent of a majority of the votes of each class of
members who are voting in person or by proxy at a
meeting duly called for this purpose.
Section 5 - Notice and Quorum for Any Action Authorized
Under Sections 3 and 4
Written notice of any meeting called for the
purpose of taking any action authorized under Section 3
or 4 shall be sent to all members not less than thirty
(30) days nor more than sixty (60) days in advance of
the meeting. At the first such meeting called, the
presence of members or of proxies entitled to cast
greater t:han 50% of all the votes of each class of
membership shall constitute a quorum. If the required
quorum is not present, another meeting may be called
subject to the same notice requirements, and the
required quorum at the preceding meeting. No such
subsequent meeting shall be held more than sixty (60)
days following the preceding meeting.
07-199
03/14/07
-
......,v
-
Section 6 - Unifo~ Rate of Assessment
Both annual and special assessments must be fixed
at a uniform rate for all lots with a residence thereon
and will be payable by the 3rd Friday in February each
year. A late charge of 20% of each assessment (whether
annual or special) shall be levied, if not paid within
thirty (30) days from date due.
~
Section 7 - Date of Commencement of Annual Assessments:
Due Dates
The annual assessments provided for herein shall
commence as to each lot when a residence is constructed
thereon. The first annual assessment shall be adjusted
according to the number of months remaining in the
calendar year. The association shall fix the amount of
the annual assessment against each lot at least thirty
(30) days in advance of each annual assessment period.
Written notice of the annual assessment shall be sent
to every Owner subject thereto. The due dates may be
changed by a majority vote of the Association members.
Section 8 Effect of Non-payment of Assessments:
Remedies of the Association
Any assessment not paid within thirty (30) days
after the due date shall bear interest from the due
date at the rate of 10% per annum. The Association may
bring an action at law against the Owner personally
obligated to pay the same, or foreclose the lien
against the property. No Owner may waive or otherwise
escape liability for the assessment provided for herein
by non-use of the Common Area or abandonment of his
lot.
Section 9 - Subordination of the Lien to Mortgages
The lien of the assessment provided for herein
shall be subordinate to the lien of any mortgage. Sale
or transfer of any lot shall not affect the assessment
lien. However, the sale or transfer of any lot,
pursuant to foreclosure, on a mortgage or any
proceeding in lien thereof, shall extinguish the lien
of such assessments as to payments which become due
prior to such sale or transfer. No sale or transfer
shall relieve such lot from liability for any
assessments thereafter becoming due or from the lien
thereof. Notwithstanding, any other provision to the
contrary, any assessments, charges, and costs of the
maintenance of the Common Areas and easement
improvements shall constitute a pro-rata lien upon the
individual lots, inferior in lien and dignity only to
taxes and bona fide duly-recorded deeds of trust on
each lot. (P)
,......
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07-200
03/14/07
07SN0217
In Midlothian Magisterial District, ROSALINDA RIVERA
requests Conditional Use and amendment of zoning district
map to permit a child day care facility in an Agricultural
(A) District. The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
residential use of 2.51 to 4.0 dwelling units per acre.
This request lies on 17.3 acres fronting approximately 530
feet on the east line of Turner Road approximately 530 feet
north of Elkhardt Road. Tax IDs 763-702-4963-00001 and
00002, 4989-00001 and 00002 I 5145-00001 and 00002 and 5354-
00001 and 00002.
"~
Mr. Turner presented a summary of Case 07SN0217 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Ms. Rosalinda
acceptable.
Rivera
stated
the
recommendation
is
Mr. Miller called for public comment.
No one came forward to speak to the request.
On motion of Mr. Sowder, seconded by Mrs.
Board approved Case 07SN0217 and accepted
proffered conditions:
Humphrey, the
the following
1. The child day care use shall be conducted only in
association with church use on the property. (P)
2 .
Except where the requirements of the underlying
Agricultural (A) zoning are more restrictive, any new
development for child day care use shall conform to the
requirements of the Zoning Ordinance for commercial
uses in Emerging Growth Areas. (P)
...--
3. Outdoor playfields, playgrounds or similar active
recreational areas associated with any child care use
shall be set back a minimum of forty (40) feet from all
property lines. (P)
(NOTE: These condi tions would not apply to any permitted
use, such as a church, on the property.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07SN0199
In Midlothian Magisterial District, BETHLEHEM BAPTIST CHURCH
requests Conditional Use and amendment of zoning district
map to permit a computer-controlled, variable message,
electronic sign. The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
general commercial and office uses. This request lies in an
Agricultural (A) District on 4.1 acres and is known as 9600
Midlothian Turnpike. Tax ID 751-708-Part of 7821.
-
07-201
03/14/07
Mr. Miller stated he is a member of Bethlehem Baptist
Church, and although he does not have a legal conflict of
interest, this is his Church, therefore he declared a
conflict of interest and excused himself from the meeting.
Ms. Beverly Rogers presented a summary of Case 07SN0199 and
stated the Planning Commission recommended approval and
acceptance of one proffered condition, indicating that a
deviation from the policy regarding spacing would not be
substantial. She further stated staff recommended denial
because the proposed sign does not conform to the Board's
adopted Electronic Message Center Policy for such signs
relative to spacing between signs, and the requested
exceptions to the policy could set a precedent for similar
requests.
Mrs. Humphrey called for public comment.
Ms. Kimberly Sanchez, representing the applicant, stated
Bethlehem Baptist has been active and resided in its current
location for 117 years, which sits about a half acre off of
Midlothian Turnpike. She stated Bethlehem Baptist Church
currently has a small monument sign, which needs repair and
is very limited and requested approval so that activities
can be announced to the community.
Mr. Brent Beverly, a member of Bethlehem Baptist Church and
the Church's youth group, stated the church would benefit
from the electronic sign which would allow the changing of
messages to be easier. He stated the new sign could provide
details to the community regarding church activities.
Mr. John Payne, a member of Bethlehem Baptist Church, stated
the existing sign is old and there would be a high cost to
repair. He stated it is a nuisance to change the message on
the existing sign and that the electronic sign could be
changed from the Church's office.
Mr. Allan Kidd, a member of Bethlehem Baptist Church, urged
the Board to approve the request. He stated the sign is not
legible to traffic. Mr. Kidd urged the Board to approve the
request.
Reverend Steve Lalk, pastor of Bethlehem Baptist Church,
informed the Board that their ministry is growing and wants
the community to be aware of church opportunities. Reverend
Lalk requested approval.
Mr. William Shewmake, a resident of the Midlothian District,
stated he enjoys reading the church's messages and feels the
new sign would be safer for members to change the sign's
messages.
~.
There being no one else to speak to the request, the public
hearing was closed.
Mr. Sowder stated he feels it is the time to make it easier
for people to worship in their church.
07-202
03/14/07
Mr. Sowder thl:m made a motion, seconded by Mr.
Board to approve Case 07SN0199 and accept
proffered condition:
King, for the
the following
In addition to Ordinance
controlled, va.riable message,
to the following standards:
requirements, any computer-
electronic sign shall conform
a.
Copy shall be limited to a maximum of two (2) lines
which shall not move, but may fade;
The message or display shall be programmed or
sequenced to change no more than once every ten
(10) seconds;
The copy display color shall either be white or
yellow:
Flashing and traveling messages shall be
prohibited: and
Bijou lighting and animation effects shall be
prohibited. (P)
-<
b.
c.
d.
e.
Ayes:
Nays:
Absent:
Humphrey, King, Sowder and Warren.
None.
Miller.
07SN0212
In Matoaca Magisterial District, ASC LAND CORPORATION
requests rezoning and amendment of zoning district map from
Agricultural (A) to Residential (R-12). Residential use of
up to 3.63 units per acre is permitted in a Residential (R-
12) District. The Comprehensive Plan suggests the property
is appropriatE~ for residential use of one (1) uni t per acre
or less. This request lies on 3.5 acres lying approximately
900 feet off the east line of Hampton Avenue approximately
350 feet north of Fox Maple Terrace. Tax IDs 783-611-6391
and 7483.
..-'
Ms. Rogers presented a summary of Case 07SN0212 and stated
the Planning Commission and staff recommended denial because
the proposed zoning and land uses do not conform to the
Matoaca Village Plan, and approval of the request could set
a precedent for higher density development jeopardizing the
rural character that surrounds and preserves the Matoaca
Village as a visually distinct and historic community.
Mr. Andy Scherzer, representing the applicant, stated he
feels there are unique circumstances that should compel the
Board to approve the request. He stated it is very limited
in scope with only eight lots and the subdivision layout of
that portion of the property already zoned results in a road
abutting the edge of this property. Mr. Scherzer stated
zoning of the request property to R-12 would result in the
same zoning on both sides of the street. He stated the
deviation from the plan is limited and that development to
the west could conform to the Plan. He remarked on the
letter and aerial photo, which was provided to Board showing
wooded acreage to the west for which there are no plans for
rezoning. M:r. Scherzer indicated no neighbors were in
opposi tion. He remarked there was not much dialogue among
the Planning Commission members during their deliberation on
the case.
Mr. Miller called for public comment.
07-203
03/14/07
Mr. Harry Marsh, an area resident, stated he feels strongly
that this case should be in the Matoaca Village. He
informed the Board it is a classic case of in-fill
development that is part of the Matoaca Village.
There being no one else to speak to the request, the public
hearing was closed.
........
Mrs. Humphrey stated the Matoaca village Plan will shape
itself by the landowners who live in Matoaca Village. She
further stated she supports the request and thinks the road
completion will be an asset to the community.
In response to Mr. Sowder's question, Mr. Brian Bowe, a
representative of the applicant, informed the Board, the
property owners to the west have no plans for development.
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved Case 07SN0212 and accepted the following proffered
conditions:
1. The applicant, subdivider, or assignee(s) shall pay the
following, for infrastructure improvements wi thin the
service district for the property, to the county of
Chesterfield prior to the issuance of building permit:
A. $15,600.00 per dwelling unit, if paid prior to
July 1, 2007; or
B. The amount approved by the Board of
Supervisors not to exceed $15,600.00 per dwelling
unit adjusted upward by any increase in the
Marshall and Swift building cost index between July
1, 2006, and July 1 of the fiscal year in which the
payment is made if paid after June 30, 2007.
C. Cash proffer payments shall be spent for the
purposes proffered or as otherwise permitted by
law. (B&M)
2. Except for timbering approved by the Virginia State
Department of Forestry for the purpose of removing dead
or diseased trees, there shall be no timbering on the
Property until a land disturbance permit has been
obtained from the Environmental Engineering Department
and the approved devices installed. (EE)
3. The minimum gross floor area for one story dwelling
units shall be 1200 square feet and dwelling units with
more than one story shall have a minimum gross floor
area of 1800 square feet. (BI & P)
4.
All exposed portions of the foundation of each new
dwelling unit shall be faced with brick or stone
veneer. Exposed piers supporting front porches shall be
faced with brick or stone veneer. (BI & P)
.-
5. There shall be no sole access to the subj ect property
through Bailey's Grove Subdivision. (P)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07-204
03/14/07
07SN0218
In Matoaca Magisterial District, DEMPSEY L. BRADLEY, JR. AND
SUSAN T. BRADLEY reques t renewal of Condi tional Use (Case
04SN02 68) and amendment of zoning district map to permi t a
business (HV1\C) incidental to a dwelling unit in an
Agricul tural (A) District. The density of such amendment
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for rural conservation area use. This request
lies on 5.4 acres and is known as 9823 Woodpecker Road. Tax
In 756-645-2919.
-
Ms. Rogers presented a summary of Case 07SN0218 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Mr. Dempsey Bradley stated the recommendation is acceptable.
Mr. Miller called for public comment.
No one came forward to speak to the request.
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved Case 07SN0218 and accepted the following proffered
conditions for one year:
1.
This Conditional Use
Dempsey L. Bradley,
exclusively, and shall
the land. (P)
shall be granted to and for
Jr. and Susan T. Bradley,
not be transferable or run with
2.
The business shall be located within the existing
detached garage. There shall be no further addi tions
or expansions to the existing building to accommodate
this use. (P)
-
3. There shall be no outside storage permitted. (P)
4. The contractor's office and warehouse shall be
permitted for a maximum of twelve (12) months from the
date of approval of this request. (P)
5. There shalll be no signs permitted to identify this use.
(P)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07SN0226
In Dale Magisterial District, ROUTE 10 REALTY PARTNERS, LLC
requests rezoning and amendment of zoning district map from
Residential (R-7) to Community Business (C-3) with
Conditional lJse to permit townhouse and multifamily __
residential uses plus Conditional Use Planned Development to
permit exceptions to Ordinance requirements. The density of
such amendment will be controlled by zoning condi tions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for mixed use corridor uses and
residential use of 1.0-2.5 dwelling uni ts per acre. This
request lies on 11.1 acres fronting approximately 100 feet
at the southwest terminus of Hill Road approximately l, 800
07-205
03/14/07
feet southwest of
6655, 7473, 8014,
0858 and 1565.
Canasta Drive. Tax
8391, 8724 and 9133;
IDs
and
771-678-5933,
772-678-0748,
Ms. Rogers presented a summary of Case 07SN0226 and stated
the Planning Commission and staff recommended approval of
both the rezoning and the request for waiver to street
connectivity requirements to Hill and Old Zion Hill Roads
and acceptance of the proffered conditions.
-
No one was present representing the applicant. Mr. Miller
requested that staff attempt to contact the applicant. The
case was moved to the end of the zoning agenda.
07SN0232
In Midlothian Magisterial District, FIRST CITIZENS BANK
requests rezoning and amendment of zoning district map from
Neighborhood Business (C-2) and Community Business (C-3) to
Neighborhood Business (C-2) plus Conditional Use Planned
Development to permit exceptions to Ordinance requirements.
The density of such amendment will be controlled by zoning
condi tions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for village shopping
district uses. This request lies on 2.8 acres fronting
approximately 280 feet on the south line of Midlothian
Turnpike, also fronting approximately 520 feet on the west
line of North Woolridge Road and located in the southwest
quadrant of the intersection of these roads. Tax ID 732-
707-0433.
Ms. Rogers presented a summary of Case 07SN0232 and stated
the Planning Commission recommended approval and acceptance
of the proffered conditions. She further stated staff
recommended approval of the rezoning, but denial of the
conditional use planned development for the setback and sign
exceptions indicating them to be inconsistent with that of
existing developments on Midlothian Turnpike and Woolridge
Road, which is across from the site.
Mr. William Shewmake, representing the applicant, stated the
applicant had met with the Village Coalition who support the
development indicating that the project represents
extraordinary architecture with a genuine slate roof and
other amenities at the gateway into the Village.
Mr. Miller called for public comment.
~.
Mr. Gordon Meyer, a member of the village of Midlothian
Volunteer Coalition and Chairman of the Midlothian
Development Committee, stated he supports the proposed
development. He indicated the Coalition advocates for the
adopted Plan and is looking to achieve sustainable, family-
friendly, pedestrian oriented, village-scale development.
He stated the proposal achieves the Coalition's vision and
therefore, they fully support the case. He stated the
setbacks are totally appropriate given the location, the
entrance into the village.
There being no one else to speak to the request, the public
hearing was closed.
07-206
03/14/07
Mr. Sowder stated
Coalition is one
county. He stated
and have workE:!d to
citizenry.
that the Midlothian Village Volunteer
of most active community groups in the
the Coalition has been active in the case
resolve issues to the satisfaction of the
On motion of Mr. Sowder, seconded by Mr.. Warren, the Board
approved Case 07SN0232 and accepted the following proffered
conditions:
1.
The Textual Statement dated January 23, 2007 and the
Plan prepared by Kimley-Horn and Associates, Inc.
attached as Exhibit A shall be considered the Master
Plan. ']~he orientation of the building and any bank
drive-through lanes shall substantially conform to the
Master Plan. (P)
-
2. The public water and wastewater systems shall be used.
(U)
3. With the exception of timbering which has been approved
by the Virginia State Department of Forestry for the
purpose of removing dead and diseased trees, there
shall be no timbering until a land disturbance permit
has been obtained from Environmental Engineering and
the approved measures installed. Furthermore, burning
shall not be used to clear or timber the Property.
(EE)
4.
A geotechnical report prepared by a consul tant who has
had prl3vious mining/geotechnical experience in
reclamation of mine shafts, shall be submitted to the
Environmemtal Engineering Department in conjunction
with any site plan submission. Upon review by
Environmental Engineering, or their designee, the
report may either be accepted or revisions requested
and, if revisions are requested, resubmitted in the
same manner for review and acceptance by Environmental
Engineering, or their designee. The report shall
include, but not be limited to, the following:
d.
e.
.-'
a.
The location and analysis to include, but not
be limited to, type (e.g., mine entrance
shaft, air vents, unsuccessful exploratory
pi ts, etc.), size, and depth of any mining
pits or tailing heaps;
Fill-in/reclamation procedures; setbacks
between the perimeter of any shaft: and any
other safety measures intended to protect the
health, safety and welfare of people and
structures;
The impact of any horizontal shafts on
construction and future health, safety and
welfare issues:
The location and number of soil borings and
depth necessary to confirm that the building
site is not impacted by any horizontal
shafts; and
The allowable building envelopes and location
based on the geotechnical recommendations
-
b.
c.
Development shall comply with the recommendations of
the accepted report. (EE)
07-207
03/14/07
5. All former mining activity shall be filled in/reclaimed
under the direction of a consultant who has had
previous mining/geotechnical experience in reclamation
of mine shafts. All reclamation shall be observed by
the geotechnical expert and shall be certified as to
compliance with the recommendations established in the
accepted report. Prior to the release of any building
permit, a copy of the certification shall be submitted
to Environmental Engineering. (EE)
-
6. At the time of site plan review and approval,
conditions may be imposed to address any identified
impacts outlined in the report referenced in Proffered
Condition 4. Any found mining pits or tailing heaps and
the allowable building envelopes as established by the
report outlined in Proffered Condition 4 shall be shown
on the site plan. The site plan shall include a
statement that the only pits found on the site are
those shown on the site plan. For those sites where
there is no found mining pits or tailing heaps, the
report outlined in Proffered Condition 4 shall confirm
that such information is not necessary. (EE)
7. The uses permitted on the Property shall be limited to
those uses permitted by right or with restrictions in
the Neighborhood Business (C-2) and Corporate Office
(0-2) Districts. (P)
8. The developer shall be responsible for notifying by
registered, certified or first class mail, the last
known representative on file with the Planning
Department of the Volunteer Village Coalition of
Midlothian of any site plan. Such notification shall
occur as soon as practical, but in no event less than
twenty-one (21) days prior to approval or disapproval
of the plan. The developer shall provide a copy of the
notification letter(s) to the Planning Department. (P)
9. Provided the monthly electric service is paid through
the street light program, the developer shall be
responsible for installation of decorative street
lighting similar in design to the light fixture
specified in The Midlothian Village Technical Manual
shall be provided along all public roads adjacent to
the site. Spacing shall be approximately seventy-five
(75) feet on center. All on-site freestanding street
light fixtures shall be compatible with the
aforementioned street lights. (P)
c_
10. Landscaping shall substantially conform to the
Landscaping Plan attached as Exhibit B. Any material
deviation from Exhibit B shall be submitted to and
approved by the Planning Commission at time of site
plan review. Landscaping located between any public
road and fence or wall shall be irrigated. (P)
11. The architectural style of any building shall be
classical revival and shall be generally consistent
with Exhibit C. Provided further, the high-pitched roof
of any building shall be slate and the exterior walls
of the building shall be constructed predominantly of
brick. (P)
07-208
03/14/07
12. A decorative metal fence, with a brick wall generally
located at the intersection of Midlothian Turnpike and
North Woolridge Road as shown on Exhibi t A, shall be
constructed along Midlothian Turnpike and North
Woolridge Road on the Property from the Property's
access to Midlothian Turnpike to the Property's access
to North Woolridge Road. Any wall shall not exceed
four (4) feet in height and shall be constructed with a
gate. The fence and wall shall have brick piers with
concrete caps. (P)
13. Direct access from the Property to Route 60 shall be
limited to one (1) entrance/exit, generally located at
the western property line. The exact location of this
access shall be approved by the Transportation
Department. Prior to any site plan approval, an access
easement, acceptable to the Transportation Department,
shall be recorded across the Property to provide shared
use of this access with adj acent parcels to the west.
(T)
14. Direct access from the Property to North Woolridge Road
shall be limited to one (1) entrance/exit and shall be
generally at or near the southern property line. The
exact location of this access shall be approved by the
Transport,ation Department. Prior to any site plan
approval, access easements, acceptable to the
Transportation Department, shall be recorded across the
Property to provide shared use of these accesses with
adjacent parcels. (T)
15. Prior to the issuance of any certificates of occupancy,
the developer shall construct additional pavement along
the southbound lanes of North Woolridge Road to provide _
a right turn lane at the approved access and dedicate
any addit:ional right-of-way (or easements) required for
these improvements to Chesterfield County, free and
unrestricted. (T)
16. With the exception of bank uses and uses permitted by
right or with restrictions in the Corporate Office (0-
2) District, no use shall be open to the public between
12 midnight and 6:00 a.m. (P)
17. Sidewalks with a minimum width of five (5) feet shall
be provided along Midlothian Turnpike and North
Woolridge Road. Along Midlothian Turnpike there shall
be a minimum five (5) foot wide grassy strip between
the back of curb and the sidewalk. A similar minimum
five (5) foot grassy strip from the back of curb to the
sidewalk shall likewise be provided along North
Woolridge Road from Midlothian Turnpike south to the
Property's access to North Woolridge Road. Location of
sidewalks along Midlothian Turnpike and North Woolridge
Road shall be consistent with the Master Plan. (T and
P),-
07-209
03/14/07
18.
At least one (1)
square feet shall
building on the
landscaping beds
pa t i 0 ( s) . ( P )
brick patio containing fifty (50)
be constructed adjacent to any Bank
Property. Provided, however,
may be interspersed wi thin the
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
-
Mrs. Humphrey excused herself from the meeting.
The Board recalled Case 07SN0226
07SN0226
In Dale Magisterial District, ROUTE 10 REALTY PARTNERS, LLC
requests rezoning and amendment of zoning district map from
Residential (R-7) to Community Business (C-3) with
Conditional Use to permit townhouse and multifamily
residential uses plus Conditional Use Planned Development to
permit exceptions to Ordinance requirements. The density of
such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for mixed use corridor uses and
residential use of 1.0-2.5 dwelling units per acre. This
request lies on 11.1 acres fronting approximately 100 feet
at the southwest terminus of Hill Road approximately 1,800
feet southwest of Canasta Drive. Tax IDs 771-678-5933,
6655, 7473, 8014, 8391, 8724 and 9133; and 772-678-0748,
0858 and 1565.
Ms. Rogers indicated she had attempted to reach the
applicant with no success.
Mr. Miller stated that he will make a motion to defer the
case to the second meeting in April.
Mr. Miller called for public comment regarding the deferral.
There being no speakers to the deferral, the public hearing
was closed.
On motion of Mr. Miller, seconded by Mr. Sowder deferred
Case 07SN0226 to April 25, 2007.
Ayes: Miller, King, Sowder and Warren.
Nays: None.
Absent: Mrs. Humphrey.
-~
Mrs. Humphrey returned to the meeting.
07-210
03/14/07
17. PUBLIC HEARINGS
17.A. TO CONSIDER A PROPOSED AMENDMENT TO THE ORDINANCE
CREATING THE WATKINS CENTRE COMMUNITY DEVELOPMENT
AUTHORITY AND PROPOSED AMENDMENT TO THE ORDINANCE
ESTABLISHING A SPECIAL ASSESSMENT
Mr. Ramsey stated this date and time has been advertised for
a public hearing for the Board to consider adoption of a
proposed amendment to the ordinance creating the Watkins
Centre Community Development Authority and adoption of a
proposed amendment to the ordinance establishing a special
assessment for the Watkins Centre Community Development
Authori ty. He further stated after traffic studies were
completed and the Virginia Department of Transportation
reviewed traffic issues and plans. They are requiring
addi tional road improvements, which includes an eastbound
lane across Midlothian Turnpike where it crosses Rt. 288 and
widening of the bridge, which is estimated to cost $4
million. He stated the amendments increase the amount of
bonds that may be issued by the CDA; increase the
assessments on the property within the CDA District and
asked to dedicate 64% of the incremental real estate taxes
and 34% of the incremental sales tax (rather than the 50%
and 25% originally agreed to); and update the proposed
transportation improvements to be financed by the CDA. The
CDA Board approved the amendments and are recommending them
for the Board's approval.
-"
Mr. Miller called for public comment.
No one came forward to speak to the issue.
There was brief discussion relative to the increased _
assessments on the property within the CDA District.
On motion of Mr. Sowder, seconded by Mr. Miller, the Board
adopted the following ordinance:
AN ORDINANCE AMENDING THE ORDINANCE CREATING THE
WATKINS CENTRE COMMUNITY DEVELOPMENT AUTHORITY
AND AMENDING 'rHE ORDINANCE ESTABLISHING A SPECIAL ASSESSMENT
IN THE COMMUNITY DEVELOPMENT AUTHORITY DISTRICT IN ORDER TO
FINANCE CERTAIN ADDITIONAL TRANSPORTATION INFRASTRUCTURE
WHEREAS, the Board of Supervisors of the County of
Chesterfield, Virginia (the "Board of Supervisors")
authorized the creation of the Watkins Centre Community
Development Authority (the "CDA") by ordinance entitled "An
Ordinance to Amend the Code of the County of Chesterfield,
1997, as amended, by adding Chapter 9, Article XVI, Sections
9-219, 9-220, 9-221, 9-222, 9-223, 9-224, 9-225 and 9-226
Creating the Watkins Centre Community Development
Authority", adopted August 23, 2006 (the "Ordinance"); and
WHEREAS, the Board of Supervisors approved the levy of _
a special assessment on real property in the CDA by
ordinance entitled "Ordinance Establishing a Special
Assessment for the Watkins Centre Community Development
Authority and Authorizing a Memorandum of Understanding with
the Community Development Authority", adopted January 24,
2007 (the "Assessment Ordinance"); and
07-211
03/14/07
WHEREAS, Watkins Land, L.L.C., as the
maj ori ty of land in the CDA ( the " Landowner" )
Petition, dated July 19, 2006 (the "Petition")
the Board of Supervisors to create the CDA; and
owner of a
submi tted a
requesting
WHEREAS, the Landowner has submitted an Amendment to
Peti tion requesting that the CDA be authorized to finance
certain additional transportation infrastructure and
increasing the amount of bonds authorized to be issued by
the CDA: and
WHEREAS, a public hearing has been held on March 14,
2007 by the Board of Supervisors on the adoption of this
Ordinance and notice has been duly published in accordance
with the requirements of ~~15. 2-5104 and 15.2-5156 of the
Code of Virginia of 1950, as amended (the "Act"); and
NOW, THEREFORE,
Supervisors of the
follows:
BE IT
County
ORDAINED by the Board
of Chesterfield, Virginia
of
as
1. Amendment of Ordinance.
amended so that Section 9-225 (c)
follows:
The Ordinance is hereby
of the Ordinance reads as
(c) The Bonds to be issued by the CDA will be tax-
exempt bonds and will not exceed a maximum aggregate amount
of $20,000,000. The proceeds from the sale of the Bonds
will be used to pay the costs of the Improvements as
described herein and in the Petition, as amended by the
Amendment to the petition dated February 12, 2007, the costs
of issuing the Bonds and any required reserves, and interest
on the Bonds for a period up to twenty-six (26) months after
the issuance of the Bonds. If there are any proceeds from
the sale of the Bonds remaining after the payment of these
costs, such excess proceeds shall be used to pay down the
Bonds. If the proceeds from the sale of the Bonds are
insufficient to pay these costs, the petitioners shall be
solely responsible for paying any deficiency.
2. Amended and Restated Articles of Incorporation.
The County Administrator is authorized and directed to
execute and file Amended and Restated Articles of
Incorporation with the State Corporation Commission in
substantially the form on file with the County Administrator
with such changes or corrections as the County Administrator
may approve prior to filing in order to reflect the
additional project costs to be financed by the CDA.
,,~
3. Recordation of Ordinance. In accordance with
Section 15.2-5157 of the Act, a copy of this Ordinance,
together with the Ordinance, shall be recorded in the land
records of the Clerk I s Office of the Circuit Court of the
County of Chesterfield for each tax map parcel in the CDA
District and the CDA District shall be noted on the land
records of the County.
4. Amendment of Assessment Ordinance. The Board of
Supervisors has determined that the maximum amount of bonds
that may be issued by the CDA as set forth in the Memorandum
of Understanding shall be increased to $20,000,000 and the
construction of an additional lane on eastbound Route 60
over the Route 288 bridge may be financed by the CDA. The
Memorandum of Understanding authorized and approved by the
Assessment Ordinance and the special assessment on land in
07-212
03/14/07
the CDA district levied by the Assessment Ordinance shall be
adjusted accordingly and are approved in substantially the
forms on file with the County Administrator, with such
changes and corrections as do not materially adversely
affect the County I s interests as may be approved by the
County Administrator or the Chairman of the Board of
Supervisors, whose approval shall be evidenced conclusively
by the execution and delivery of the Memorandum of
Understanding and the Assessment Ordinance is hereby amended
accordingly.
5. Effective Date. This Ordinance shall take effect
immediately upon its adoption.
~.<
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Mr. Warren excused himself from the meeting.
17.B. TO CONSIDER PROPOSED AMENDMENT TO THE STREET NAMES
AND BUILDING NUMBERS ORDINANCE
Mr. Stith
a public
amendment
ordinance.
stated this date and time has been advertised for
hearing for the Board to consider a proposed
to the street names and building numbers
Mr. Miller called for public comment.
No one came forward to speak to the ordinance amendment.
On motion of Mr. King, seconded by Mr. Sowder, the Board
adopted the following ordinance:
-
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 16-13 RELATING TO STREET-TYPE
DESIGNATION STANDARDS
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 16-13 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 16-13. Street-type designation standards.
For the purpose of consistency in street-type
designations in the county, the following designations shall
be used for the following types of streets:
(a) For a major roadway such as an interstate,
multilane, limited-access, divided federal road of --"
four or more lanes:
( 1) Highway.
(2) Pike.
(3) Freeway.
(4) Expressway.
07-213
03/14/07
(b)
( 5 ) Throughway.
(6) Turnpike.
(7) Bypass.
For a major multilane, nonlimited-access road that
is a main arterial roadway carrying high volumes
of traffic:
(1) Highway.
(2) Avenue.
( 3 ) Road.
(4) Boulevard.
(5) Parkway.
(c) For a local, two-lane connector road:
.,.....
(1) Avenue.
(2) Street.
(3) Road.
(4) Drive.
(5) Extension.
(d) For a local street providing access to individual
lots within a subdivision or commercial area:
.~
(1) Lane.
(2) Drive.
(3) Way.
(4) Circle.
(5) Trail.
( 6 ) Loop.
( 7 ) Bend.
(8) Heights.
(9) Hill.
(lO)Knoll.
(ll)Ridge.
(12)Run.
(13)Crossing.
(e) For a local cul-de-sac street:
( 1 ) Court.
(2) Place.
(3) Terrace.
( 4 ) Mews.
(5) Common.
(6) Commons.
(7) Crescent.
(8) Green.
( 9 ) Landing.
(10) Manor.
(11)Point.
(12}Pointe.
07-214
03/14/07
(13) Summit.
(14)Trace.
(15)View.
(16)Vista.
(f) For a street providing ingress and egress to a
shopping mall or center:
(1 ) Square.
(2 ) Arcade.
(3 ) Center.
(4 ) Plaza.
( 5 ) Station.
----.-
(g) For a street located to the rear of residences and
not designed or regularly used for through travel:
Alley.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Miller, Humphrey, King and Sowder.
Nays: None.
Absent: Warren.
17.C. TO CONSIDER PROPOSED AMENDMENTS TO SECTION 19-99 OF
THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS
AMENDED, PERTAINING TO FRONT YARD SETBACKS IN THE R-7
ZONING DISTRICT IN THE ETTRICK VILLAGE CORE
Mr. Carl Schlaudt stated this date and time has been
advertised for a public hearing for the Board to consider
ordinance amendments relating to front yard setbacks in the
R-7 Zoning District in the Ettrick Village Core.
-'
Mr. Miller called for public comment.
No one came forward to speak to the ordinance amendments.
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 19-99 OF THE ZONING ORDINANCE
RELATING TO FRONT YARD SETBACKS IN R-7
DISTRICTS IN THE ETTRICK VILLAGE CORE
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 19-99 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to ,-'
read as follows:
Sec. 19-99. Required conditions.
The conditions specified in this section shall be met
in the R-7 District:
000
07-215
03/14/07
-
(c) Front yard. Minimum of 30 feet in depth. On lots
located along cul-de-sacs, if the radius of the
cul-de-sac is 40 feet or less, the building
setback around the cul-de-sac shall be at least 30
feet. When the radius of the cul-de-sac is more
than 40 feet, the building setback shall not be
less than 25 feet. Minimum setbacks shall be
increased where necessary to obtain the required
lot width at the front building line. Through the
subdivision process, an additional setback of up
to 25 feet may be added to the minimum setback, if
the lot is located along an arterial or collector
street. This additional setback requirement will
be noted on the record plat.
Notwithstanding the above, front yard setbacks for
lots located in the Ettrick Village Core, between
contiguous developed lots, may be reduced to the
front yard setback of any principal building
occupying any adjacent lot. Front yard setbacks
for lots located in the Ettrick Village Core, not
located between contiguous developed lots, may be
reduced to the front yard setback of any principal
building occupying any lot on the same side of the
street within 200 feet of the subject lot.
000
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Mr. Warren returned to the meeting.
17.D. TO CONSIDER AMENDMENTS TO CHESTERFIELD COUNTY CODE
SECTION 4-S2 REGARDING RABIES INOCULATIONS FOR DOGS
AND CATS TRANSPORTED INTO THE COUNTY
Mr. Micas stated this date and time has been advertised for
a public hearing for the Board to consider ordinance
amendments relating to rabies inoculations for dogs and cats
transported into the county. He further stated the
amendments will allow the Health Department to recognize
a valid existing rabies inoculation and will eliminate the
30-days and will require the immediate inoculation of any
dog or cat brought into the county.
Mr. Miller called for public comment.
,-........
No one came forward to speak to the ordinance amendments.
On motion of Mr. King, seconded by Mr. Warren, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 4-52 RELATING TO
RABIES INNOCULATIONS FOR DOGS AND CATS
TRANSPORTED INTO THE COUNTY
07-216
03/14/07
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 4-52 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 4-S2. Same--Dogs or cats transported into the county.
Any person transporting a dog or cat into the county
from some other jurisdiction shall: (a) have the dog or cat
inoculated against rabies, as required by section 4-51, by a
currently licensed veterinarian or licensed veterinary
technician who is under the immediate and direct supervision
of a licensed veterinarian on the premises, immediately upon
entry into the County or (b) already possess a current
rabies certificate showing that the dog or cat has been
inoculated as set forth in paragraph (a) of this section.
If imported from outside the Uni ted States, the applicable
regulations of the United States Public Health Service shall
be enforced.
(2) That this ordinance
immediately upon adoption.
shall
become
effective
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
17.E. TO CONSIDER ADOPTION OF AN ORDINANCE CREATING THE
POWHITE PARKWAY EXTENSION WEST SERVICE DISTRICT FOR
ROAD CONSTRUCTION IMPROVEMENTS TO SERVE MAGNOLIA GREEN
Mr. Micas stated this date and time has been advertised for
a public hearing for the Board to consider an ordinance
creating the Powhite Parkway Extension West Service District
for road construction improvements to serve Magnolia Green.
He further stated since this public hearing was scheduled
staff and the County Administrator have been working with
one of the developers of Magnolia Green to consider
alternative options relating to a Community Development
Authority that would construct road improvements within the
area. Since those negotiations are ongoing and moving
forward in a positive direction the County Administrator is
recommending that the Board defer the public hearing until
May 23, 2007 in order to continue negotiations with the
developers regarding alternative options for additional
transportation improvements to serve the area.
-
,~'
Mr. Ramsey clarified that this would be a different type of
CDA than that of the Watkins Centre, in that this would be
an assessment type of CDA and the property owners would pay
the assessments. Therefore, there would be no impact on the
county's revenue. He added that the road improvements being
discussed are not regarding the powhite Extension, but the '_
discussions with the developers are for Otterdale and
Woolridge Roads, which staff believes are much more needed
improvements regarding current and future road improvements
than the powhite Extension itself.
Mr. Miller called for public comment regarding the deferral.
07-217
03/14/07
Ms. Jamie Radke, representing
Directors, thanked the Board for
is encouraged regarding the
negotiations.
the Summerlake
the deferral and
Otterdale and
Board of
stated she
Woolridge
Ms. Marleen Durfee, representing the The Responsible Growth
Alliance, stated she appreciates the deferral. This will
allow them time to meet with groups in the area regarding
this matter. She also stated that Mr. Eric Hodges,
President of the Foxcroft Homeowners Association, supports
the deferral and any negotiations with the developer and
stake holders in the area.
Dr. Betty Hunter-Clapp stated she supports the deferral.
She inquired whether additional information will be provided
about the implication of assessments. Dr. Hunter-Clapp
asked if this will become a general way to fund roads or is
it specific to a given situation? Is this a general
precedent setting case that will be used from now on from
location to location?
Mr. Andrew Gilotski thanked the Board for the deferral and
urged the Board to hold public hearings when considering
improvements in that area.
Mr. Tom Hoekstra, President of the Woodlake Board of
Directors, thanked the Board for the deferral.
There being no one else to speak to the deferral, the public
hearing was closed.
Mr. Warren stated it is very important to get information to
the public prior to this matter coming back before the
Board.
Mr. Sowder stated that discussions on improvements are not
for the powhite Parkway Extension. He felt it was a little
misleading and wants to make sure the public is aware that
this item is talking about improvements on Ot terdale and
Woolridge Roads as opposed to the powhite Parkway Extension.
Mr. Ramsey agreed, stating that if the Transportation
District was used, staff would have preferred that funds be
used elsewhere, but due to the legalities of using a
transportation district means that improvements have to lie
within the project. He reiterated that discussions are
regarding improvements for Otterdale and Woolridge Roads.
-
Mrs. Humphrey stated that there is anticipation of other
proposals. This information will be provided to the public
as soon as it is available. There will be a public hearing
regarding any tax or assessment amount, regardless of
whether or not it involves roads.
Mr. Ramsey clarified that in terms of an assessment or a CDA
this is regarding the Magnolia Green project itself not any
other properties.
On motion of Mrs. Humphrey, seconded by Mr. Warren, the
Board deferred the public hearing to consider adoption of an
ordinance creating the powhite Parkway Extension West
Service District for road construction improvements to serve
Magnolia Green until May 23, 2007.
07-218
03/14/07
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Mr. Warren excused himself from the meeting.
17.F. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF
SUBDIVISION OF PART OF THE OLD CHALKLEY FARM
--- -
Mr. Stith stated this date and time has been advertised for
a public hearing for the Board to consider an ordinance to
vacate a portion of Subdivision of Part of the Old Chalkley
Farm.
-
Mr. Miller called for public comment.
No one came forward to speak to the ordinance.
On motion of Mr. Miller, seconded by Mrs. Humphrey, the
Board adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to TERRAFORGE,
INC. , a Virginia corporation, ("GRANTEE") , a
portion of Subdivision of Part of The Old
Chalkley Farm, DALE Magisterial District,
Chesterfield County, Virginia, as shown on a plat
thereof duly recorded in the Clerk I s Office of
the Circuit Court of Chesterfield County in Plat
Book 3, at Page 138.
WHEREAS, TERRAFORGE, INC., petitioned the Board of
Supervisors of Chesterfield County, Virginia to vacate a
portion of Subdivision of Part of The Old Chalkley Farm, _
DALE 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 3,
Page 138, by W.B. MUHERTY, dated FEBRUARY, 1917, and
recorded APRIL 20, 1917. The portion of subdivision
petitioned to be vacated is more fully described as follows:
Lots 7 through 11 and 16' unimproved right of way
adjoining Lots 7 through 11 within Subdivision of
Part of The Old Chalkley Farm, the location of
which is more fully shown on a plat made by W.B.
MUHERTY, dated FEBRUARY, 1917 and recorded APRIL
20, 1917, in the aforesaid Clerk's Office, in
Plat Book 3, at Page 138.
WHEREAS, notice has
15.2-2204 of the Code of
advertising; and,
been given pursuant
Virginia, 1950, as
to Section
amended, by
WHEREAS, no public necessity exists for the continuance
of the portion of subdivision 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
Virginia, 1950, as amended, the aforesaid
subdivision be and is hereby vacated.
the Code
portion
of
of
07-219
03/14/07
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance
shall be recorded no sooner than thirty days hereafter in
the Clerk's Office of the Circuit Court of Chesterfield
County, Virginia pursuant to Section 15.2-2276 of the Code
of Virginia, 1950, as amended.
-
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated. This Ordinance shall vest
fee simple title of the lots within the portion of
subdivision hereby vacated in the underlying property owner.
Since the portion of right of way hereby vacated is located
on the periphery of the plat, fee simple title to the entire
right of way shall vest in the adjoining owners of Lots 7
through 11 free and clear of any rights of public use.
Accordingly, this Ordinance shall
names of the COUNTY OF CHESTERFIELD
TERRAFORGE, INC., a Virginia corporation,
in title, as GRANTEE.
be indexed in the
as GRANTOR, and
or its successors
Ayes: Miller, Humphrey, King and Sowder.
Nays: None.
Absent: Warren.
17.G. TO CONSIDER VACATION OF PORTIONS OF PACER LANE,
FORMERLY WILTON ROAD, WITHIN WINDSOR-HILLS
SUBDIVISION
Mr. Stith stated this date and
a public hearing for the Board
vacate portions of Pacer Lane,
Windsor-Hills Subdivision.
time has been advertised for
to consider an ordinance to
formerly Wilton Road, within
Mr. Miller called for public comment.
There being no one else to speak to the ordinance, the
public hearing was closed.
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
adopted the following ordinance:
~
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to FRED J.
SWEARINGEN, JR. and TED L. SWEARINGEN,
("GRANTEE"), portions of Pacer Lane, formerly
Wilton Road, Windsor-Hills Subdivision, Section 1
BERMUDA 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 10, at
Pages 10, 11 and 12.
WHEREAS, AUSTIN BROCKENBROUGH & ASSOCIATES, L.L.P.,
petitioned the Board of Supervisors of Chesterfield County,
Virginia to vacate portions of Pacer Lane, formerly wilton
Road, Windsor-Hills Subdivision, Section I, BERMUDA
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 10, Pages
10, 11 and 12, by W. G. CHAPPELL, dated SEPTEMBER 10, 1956.
07-220
03/14/07
The portions of right of way petitioned to be vacated is
more fully described as follows:
Portions of Pacer Lane formerly Wilton Road,
Windsor-Hills Subdivision, Section 1, the
location of which are more fully shown on a plat
made by AUSTIN BROCKENBROUGH & ASSOCIATES, LLP,
dated JANUARY 26, 2007, and revised FEBRUARY 19,
2007, a copy of which is attached hereto and made
a part of this Ordinance.
WHEREAS, notice has
15.2-2204 of the Code of
advertising; and,
been given pursuant
Virginia, 1950, as
to Section
amended, by
-.
WHEREAS, no public necessity exists for the continuance
of the portions of right of way 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 right
of way 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 Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk I s Office of
the Circuit Court of Chesterfield County, Virginia pursuant
to Section 15.2-2276 of the Code of Virginia, 1950, as
amended.
..-.~
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated. This Ordinance shall vest
fee simple title of the right of way hereby vacated in the
adj oining owners of Lot 1, Block D and Lot 1, Block C,
Windsor-Hills Subdivision, Section 1 free and clear of any
rights of public use.
Accordingly, this Ordinance shall
names of the COUNTY OF CHESTERFIELD as
SWEARINGEN, JR. and TED L. SWEARINGEN,
in title, as GRANTEE.
be indexed in the
GRANTOR, and FRED J.
or their successors
Ayes: Miller, Humphrey, King and Sowder.
Nays: None.
Absent: Warren.
17.H. TO CONSIDER AN ORDINANCE TO VACATE PORTIONS OF LOTS
8, 9 AND 10, FIVE POINT ACRES AND TRACT 9A, A MAP OF
PROPERTY OF H. E. WARD
'-
Mr. Stith stated this date and time has been advertised for
a public hearing for the Board to consider an ordinance to
vacate portions of Lots 8, 9 and 10, Five Point Acres and
Tract 9A, A Map of Property of H. E. Ward.
Mr. Miller called for public comment.
No one carne forward to speak to the ordinance.
07-221
03/14/07
On motion of Mr. King, seconded by Mr. Sowder, the Board
adopted the following ordinance:
~
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to D. C. ASSOCIATES,
a Virginia general partnership, ( "GRANTEE" ), part
of Lots 8, 9 and 10, Five Point Acres, BERMUDA
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 5, at Page 108 and
Tract 9A as shown on "A Map of Property of H. W.
Ward" recorded in the aforesaid Clerk I s Office in
Deed Book 264, Page 84.
WHEREAS, D. C. ASSOCIATES, a Virginia general
partnership, petitioned the Board of Supervisors of
Chesterfield County, Virginia to vacate part of Lots 8, 9
and 10 within Five Point Acres, more particularly shown on a
plat of record in the Clerk's Office, Circuit Court,
Chesterfield County, Virginia in Plat Book 5, Page 108, by
CLODFELDER & SCHISLER, ENG'RS, dated AUGUST 7, 1933, and
Tract 9A as shown on "A Map of Property of H. E. Ward"
recorded in the aforesaid Clerk I s Office in Deed Book 264,
Page 84, dated MARCH 17, 2941. The property petitioned to be
vacated is more fully described as follows:
Parts of Lots 8, 9 and 10 Five Point Acres and
Tract 9A, A Map of Property of H. W. Ward, as
shown on a plat by BALZER AND ASSOCIATES, INC.,
dated FEBRUARY 1, 2007, a copy of which is
attached hereto and made a part of this
Ordinance.
WHEREAS, notice has
15.2-2204 of the Code of
advertising; and,
been given pursuant
Virginia, 1950, as
to Section
amended, by
WHEREAS, no public necessity exists for the continuance
of the portion of Subdivision 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 Five
Point Acres and Map of Property of H. W. Ward 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 Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk I s Office of
the Circuit Court of Chesterfield County, Virginia pursuant
to Section 15.2-2276 of the Code of Virginia, 1950, as
amended.
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plats vacated.
07-222
03/14/07
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and D. C.
ASSOCIATES, a Virginia general partnership, or its
successors in title, as GRANTEE.
Ayes: Miller, Humphrey, King and Sowder.
Nays: None.
Absent: Warren.
Mr. Warren returned to the meeting.
17.I. TO CONSIDER AN ORDINANCE TO VACATE A TWENTY-FIVE-FOOT
UNIMPROVED COUNTY RIGHT OF WAY WITHIN PINELAND
SUBDIVISION
-
Mr. Stith stated this date and time has been advertised for
a public hearing for the Board to consider an ordinance to
vacate a 25-foot unimproved county right of way within
pineland Subdivision.
Mr. Miller called for public comment.
No one came forward to speak to the ordinance.
Mr. King stated he met with an adjacent property owner, and
plans to move forward with the case.
Mr. King then made a motion, seconded by Mr. Warren, for the
Board to adopt the following ordinance:
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to TORON MANAGEMENT,
LLC, a Virginia Limited Liability Company,
("GRANTEE"), a portion of a 25' unimproved county
right of way known as First Street within pineland
Subdivision, BERMUDA 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
3, at Pages 122 and 123.
o~
WHEREAS, TORON MANAGEMENT, LLC, petitioned the Board of
Supervisors of Chesterfield County, Virginia to vacate a
portion of a 25' unimproved county right of way known as
First Street within pineland Subdivision, BERMUDA
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 3, Pages
122 and 123, by GLAUCUS A. BRYANT, dated FEBRUARY 2, 1916,
recorded APRIL 15, 1916. The portion of right of way
petitioned to be vacated is more fully described as follows:
A portion of a 25' unimproved county right of way
known as First Street within Pineland Subdivision,
the location of which is more fully shown on a plat
made by GLAUCUS A. BRYANT, dated FEBRUARY 2, 1916,
recorded APRIL 15, 1916, a copy of which is
attached hereto and made a part of this ordinance.
'-
WHEREAS, notice has
15.2-2204 of the Code of
advertising; and,
been given
Virginia,
pursuant
1950, as
to Section
amended, by
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03/14/07
WHEREAS, no public necessity exists for the continuance
of the portion of right of way sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
That pursuant to Section 15.2-2272 of the
Virginia, 1950, as amended, the aforesaid portion
of way be and is hereby vacated.
BOARD OF
Code of
of right
-
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk I s Office of
the Circuit Court of Chesterfield County, Virginia pursuant
to Section 15.2-2276 of the Code of Virginia, 1950, as
amended.
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated. This Ordinance shall vest
fee simple title to the centerline of the portion of right
of way hereby vacated in the abutting property owners,
within pineland Subdivision, 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 TORON
MANAGEMENT, LLC., a Virginia Limited Liability Company, or
its successors in title, as GRANTEE.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
17.J. TO CONSIDER THE RESTRICTION OF THROUGH TRUCK TRAFFIC
ON WOODLAKE VILLAGE PARKWAY, LAKEBLUFF PARKWAY, AND
TIMBER BLUFF PARKWAY
Mr. Stith stated this date and time has been advertised for
a public hearing for the Board to consider the restriction
of through truck traffic on Wood1ake Village Parkway,
Lakeb1uff Parkway, and Timber Bluff Parkway.
Mr. Miller called for public comment.
~
Mr. Torn Hoekstra, President of the Woodlake Community
Association, expressed concerns relative to increased truck
traffic through wood1ake. The truck traffic has increased
greatly within the last two years. Their primary concern is
about safety. He stated there are a dozen school bus stops
and two daycare facilities and an Elementary School wi thin
that route. All of these streets are residential streets.
Mr. Hoekstra stated there are four sharp turns within
Woodlake that these trucks have to make. He stated the Hull
Street Police Station is available to assist with
enforcement. Neighbors feel strongly about the need for
this restriction. He discussed issues that the Brandermill
community has with the alternate routes and reiterated that
Wood1ake would like to route heavy traffic flow to Route
360.
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03/14/07
Mr. Warren clarified Woodlake's position on
routes for the restriction of this through
request.
the alternate
truck traffic
Mr. Buddy Whitfield, President of the Brandermill Community
Association, expressed concerns that one of the identified
paths for rerouting the truck traffic is Genito Road. This
area has been identified as a safety concern for traffic.
Brandermill understands Woodlake' s request for restricting
through truck traffic, but expressed concerns regarding
using Genito Road as an alternative route. Mr. Whitfield
emphatically suggested that Geni to Road not be the
alternative route, which would cause the traffic to go
through the Bandermill community. Therefore, they cannot
support this request for the restriction of through truck
traffic.
~
Ms. Andrea Epps, citizen of the Brandermill community,
stated Brandermill is a large community divided by Genito
Road. She understands Woodlake's request for restricting
through truck traffic on their roads. She realizes many
citizens use residential streets as a cut through to avoid
traffic. She requests that the Board defer this request
until an alternate method of transportation for the trucks
can be determined.
Ms. Marleen Durfee stated this is a difficult issue. She
discussed the issue of connectivity and safety along
neighborhood roads and reques ted the Board to take special
care when looking at zoning cases in regards to the
connectivity policy.
There being no one else to speak to the issue, the public
hearing was closed. -'
Mr. Miller stated in
considered favorably by
a reasonable alternative
not meet VDOT's criteria.
order
VDOT
route.
for a restriction to be
it must be accompanied by
He stated this request does
Mr. McCracken stated that staff supports the comments from
the Brandermill community regarding additional truck traffic
on Genito Road. But, in order to have VDOT consider this
request, we are required to provide an alternate route. He
stated as the volume of traffic increases on Route 360,
staff wants to see the truck traffic stay on Route 360. He
has asked VDOT to sit down and look at a comprehensive plan
of what to do with the truck traffic restrictions of
neighborhoods that do not meet VDOT's specific criteria for
restrictions and do not want truck traffic going through
their neighborhoods. Because of VDOT's administrative
process, we are required to designate an alternate route.
There was discussion regarding the effectiveness of
restriction requests and the ability to enforce them.
-
Mr. Warren expressed concerns regarding the alternate route
of Geni to Road and discussed the possibili ty of providing
another alternative route.
Mr. McCracken stated VDOT's administrative process requires
an al terna te route to favorably consider a through truck
traffic restriction. According to VDOT an alternate route
must connect both ends of the streets for which the
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restriction is requested. He believes the alternative route
should not dictate the approval of this restriction request.
The alternate route should be to keep traffic on Route 288
and Hull Street Road.
Mr. Warren stated he cannot support this request that uses
Genito Road as an alternative route.
Mr. McCracken stated that his recommendation would be to
defer a decision on this request and request staff to meet
with VDOT to look at their procedures.
Mr. Warren stated he agrees with a deferral. He thinks
Woodlake would be supportive of a conversation with VDOT on
this issue.
Mrs. Humphrey stated the Woodlake Board thought about this
in great detail. She agrees that a deferral is a good idea
to have additional discussions regarding this restriction
request. She asked Mr. Hoekstra if he would be in agreement
of a deferral.
Mr. Hoekstra agreed with the deferral. Their intention was
not to put traffic into another neighborhood.
On motion of Mrs. Humphrey, seconded by Mr. Warren, the
Board deferred consideration of a resolution requesting the
Virginia Department of Department of Transportation restrict
through truck traffic on Woodlake Village Parkway, Lakebluff
Parkway, and Timber Bluff Parkway from Hull Street Road to
Woolridge Road until May 23, 2007.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
17.K. TO CONSIDER APPROPRIATION OF ADDITIONAL FUNDS FOR THE
DEPARTMENT OF SOCIAL SERVICES
Mr. Carmody stated this date and time has been advertised
for a public hearing for the Board to consider appropriation
of additional funds for the Department of Social Services.
Mr. Miller called for public comment.
No one came forward to speak to the issue.
On motion of Mr. Miller, seconded by Mr. King, the Board
approved the appropriation of $667,518 in additional federal
and state funds received from the State Department of Social
Services.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
17.L. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE
ACQUISITION OF VARIABLE WIDTH WATER EASEMENTS AND
TEN-FOOT TEMPORARY CONSTRUCTION EASEMENTS FOR THE
SOUTHWEST CORRIDOR WATERLINE PROJECT
Mr. Harmon stated this date and time has been advertised for
a public hearing for the Board to consider the exercise of
eminent domain for the acquisi tion of variable width water
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03/14/07
easements and 10-foot temporary construction easements for
the Southwest Corridor Waterline Project.
Mr. Miller called for public comment.
No one came forward to speak to the issue.
Mrs. Humphrey asked for clarification that the Campbell / s
interest in the property at 12840 River Road is not being
considered for condemnation in this paper.
Mr. Harmon confirmed Mrs. Humphrey's statement.
-
On motion of Mrs. Humphrey, seconded by Mr. Sowder, the
Board authorized the County Attorney to proceed with eminent
domain for the acquisition of variable width water easements
and 10-foot temporary construction easements across the
properties of the Heirs of Eliza Brown, 12601 Riverway Road,
PIN: 727645583200000 and the Heirs of Phineas T. Mann, 12840
River Road, PIN: 735640669300000. (It is noted copies of
the plats are filed with the papers of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
17.M. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE
ACQUISITION OF WATER AND TEMPORARY CONSTRUCTION
EASEMENTS FOR THE SOUTHWEST CORRIDOR WATERLINE
PROJECT
Mr. Harmon stated this date and time has been advertised for
a public hearing for the Board to consider the exercise of
eminent domain for the acquisition of water and temporary .~
easements for the Southwest Corridor Waterline Project. He
noted that the property owners at 8615 River Road, Joseph
Michael Orrell and John Vernon Orrell signed their agreement
today and will not be included in the condemnation.
On motion of Mrs. Humphrey, seconded by Mr. Warren, the
Board authorized the County Attorney to proceed with eminent
domain for the acquisition of water and temporary
construction easements for the Southwest Corridor Waterline
Project across the following properties: Cynthia Bernier,
8319 River Road, PIN: 768609752100000: Henry D. Parker, Jr.,
8631 River Road, PIN: 766609477800000: B. Clay Taylor, Jr.,
10512 River Road, PIN: 755624278900000: Ricky L. and Sheryl
R. Saunders, 10810 River Road, PIN: 753627747600000; Roger
Wayne and Jean M. Atkins, 10910 River Road, PIN:
752628677000000.
And, further, the Board authorized staff to enter and take
such easements prior to eminent domain proceedings.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
,-
18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
There were no requests for manufactured home permits or
zoning requests at this time.
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03/14/07
19. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Ms. Elizabeth Taylor had requested to address the Board at
this time, but was not present to do so.
'........
Mr. David Webb addressed the Board relative to the need to
increase funds to address critical road issues in the
county. He challenged the Board to double the amount of
real estate tax revenue being proposed for transportation
over the next five years from five cents to ten cents.
Mr. Reuben Waller, a Midlothian District resident, stated
Mr. Rudy's presence will be missed in this room by everyone.
He stated education covers a broad realm of learning
experiences including the vocational aspect. There will be
an Open House at Chesterfield Technical Center on Sunday,
March 18th from 1-3 p.m. He stated there are new and
improved technical programs which we all should support.
11. CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A}(1},
CODE OF VIRGINIA, 19S0, AS AMENDED, TO DISCUSS
QUALIFICATIONS OF SPECIFXC PERSONS FOR POSSXBLE
APPOINTMENT TO THE COMMITTEE TO EVALUATE CANDXDATES
FOR POLICE CHIEF
On motion of Mr. King, seconded by Mr. Sowder, the Board
went into Closed Session pursuant to Section 2.2-3711(A) (1),
Code of Virginia, 1950, as amended, to discuss
qualifications of specific persons for possible appointment
to the committee to evaluate candidates for Police Chief.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Reconvening:
On motion of Mr. King, seconded by Mr. Miller, the Board
adopted the following resolution:
WHEREAS, the Board of Supervisors has this day
adjourned into Closed Session in accordance with a formal
vote of the Board and in accordance with the provisions of
the Virginia Freedom of Information Act: and
WHEREAS, the Virginia Freedom of Information Act
effective July 1, 1989 provides for certification that such
Closed Session was conducted in conformity with law.
NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors
does hereby certify that to the best of each member's
knowledge, i) only public business matters lawfully exempted
from open meeting requirements under the Freedom of
Information Act were discussed in the Closed Session to
which this certification applies, and
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03/14/07
ii) only such public business matters as were
identified in the Motion by which the Closed Session was
convened were heard, discussed, or considered by the Board.
No member dissents from this certification.
The Board being polled, the vote was as follows:
Mr. Sowder:
Mr. King:
Mr. Warren:
Mrs. Humphrey:
Mr. Miller:
Aye.
Aye.
Aye.
Aye.
Aye.
-'
APPOINTMENTS TO THE POLICE CHIEF SELECTION COMMITTEE
Mr. Ramsey stated the Police chief has announced his
retirement effective August 1, 2007. The County Charter has
a special provision in regards to the appointment of a new
Police Chief. He is recommending that a special committee
be established for the purpose of evaluating candidates
for Police Chief.
On motion of Mr. King, seconded by, Mrs. Humphrey, the Board
suspend its rules to consider the appointment of committee
members to evaluate candidates for Police Chief.
Mr. Ramsey stated the Charter specifies that a five-member
committee be set up to evaluate candidates for Police Chief.
The Board of Supervisors actually makes that appointment.
He reviewed the committee membership recommendations.
On Motion of Mr. King, seconded by Mrs. Humphrey, the Board
suspended its rules at this time to nominate and appoint at ,-'
the same meeting.
On Motion of Mrs. Humphrey, seconded by Mr. King the Board
appointed Mr. Lane Ramsey, County Administrator; The
Honorable Kelly E. Miller to serve as the Board member on
the Committee; Mr. Jim Bourque, as the individual with
pOlice experience, appointed by the Board: and Dr. Billy
Cannaday as a fifth member who is nei ther an elected or
appointed county official.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
20. ADJOURNMENT
On motion of Mr. Sowder, seconded by Mr. Miller, the Board
adjourned at 8:32 p.m. until March 28, 2007 at 3:00 p.m.
Ayes: Miller, Humphrey, King, Sowder anq W~
Nays: None. //
) ") (( (r ~ p __^
') \ ~...."",
/./ e' ),1/.1/:/,./'
L&ne B. Ramsey
County Administ~ator
--'"
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03/14/07