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04-11-2007 Minutes BOARD OF SUPERVISORS MINUTES April 11, 2007 Supervisors in Attendance: 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 - - 07-313 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. Richard Cordle, Treasurer Mr. Roy Covington, Dir., Utilities Mr. Charles Dane, Dir., External Services Mr. Jonathan Davis, Dir., Real Estate Assessments Mr. Will Davis, Dir., Economic Development Ms. Rebecca Dickson, Dep. County Administrator for Human Services 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. Lawrence C. Haake, III Registrar Mr. John W. Harmon, Right-of-Way Manager Mr. Joe Horbal, Commissioner of Revenue Mr. Thomas E. Jacobson, Dir., Revitalization 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 04/11/07 Mr. Mike Mabe, Dir., Libra.ries Chief Paul Mauger, Fire Department Mr. R. John McCracken, Dir., Transportation Mr. Steven L. Micas, County Attorney Dr. William Nelson, Dir., Heal th Dept. Dr. Marcus Newsome, Supt. of Schools Mr. Francis Pitaro, Dir., General Services Mr. James J. L. Stegmaier, Depu ty Co. Admin., Management Services Mr. M. D. Stith, Jr., Depu ty Co. Admin., Community Development Mr. Thomas Taylor, Dir., Block Grant Office Mr. Kirk Turner, Dir., Planning - Mr. Miller called the regularly scheduled. meeting to order at 3:11 p.m. 1. APPROVAL OF MINUTES FOR MARCH 28, 2007 On motion of Mrs. Humphrey, seconded by Mr. King, the Board approved the minutes of March 28, 2007, a.s submitted._ Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS Mr. Ramsey stated the state and local flags in the county are flying at half-mast, in accordance with the Governor's authorization, to honor Sergeant Forrest Cauthorn, U.S. Army, who lost his life in Iraq on April 5, 2007. He noted that Sergeant Cauthorn was a 2003 graduate of Manchester High School. 2 . A. RECOGNI'TION OF SAFE FOR RECEIVING NATIONAL COALITION ACADEMY'S CHAIRMAN'S AWARD Mr. Ramsey introduced Mr. Wayne Frith, Executive Director of SAFE (Substance Abuse Free Environment) . Mr. Frith informed the Board that the SAFE coalition recently -- graduated from the National Coalition Academy and was selected to receive the Chairman's Award for exemplary applications of planning products to rElduce substance abuse in the county. He expressed appreciation to the Board for its financial support and also to Youth Planning and Development staff members Patty Glazier, Sharyl Adams and Jana Carter :Ear their support. 07-314 04/11/07 Mr. Miller expressed appreciation to Mr. Frith for SAFE's efforts in the prevention of substance abuse. 2 . B. CJW MEDICAL CENTER ANNOUNCEMENT Mr. Ramsey introduced Mr. Peter Marmerstein, Chief Executive Officer of CJW Medical Center, and Ms. Tracy Stallings, Chief Operations Officer of Johnston-Willis Hospital. Mr. Marmerstein announced that a 60,000 square foot, $30 million Thomas Johns Cancer Hospital will be constructed on the Johnston-Willis campus. He provided details of services and technology that will be available at the facility. He expressed appreciation to the Board for the county's efforts in the redevelopment of the Midlothian Turnpike Corridor. He shared statistics relative to the positive economic impact of Johnston-Willis Hospital in Chesterfield County and recognized the outstanding work of Chesterfield Fire and EMS personnel. Mr. Miller expressed appreciation for all that Johnston- willis Hospital does for the residents of Chesterfield. Mr. Ramsey expressed appreciation to Mr. making the formal announcement in front of also thanked Ms. Stallings for serving on the Development Authority created by the county. Marmerstein for the Board. He first Community Mr. Sowder congratulated Mr. Marmerstein and Ms. Stallings on this terrific project. .- 3 . BOARD MEMBER REPORTS There were no Board member reports at this time. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Sowder, seconded by Mr. King, the Board added Item 8.B.2.f., Adoption of Resolution Recognizing Reverend Pernell Johnson, Senior Pastor, First Baptist Church Midlothian; replaced Item 15. E., Public Hearing to Consider the Exercise of Eminent Domain for the Acquisition of Southside Electric Cooperative, Incorporated Easements for Pole and Guy Wire Relocation Required for the Southwest Corridor Waterline Project Part B; replaced Item 15 .G., Public Hearing to Consider the Exercise of Eminent Domain for the Acquisition of Water and Temporary Construction Easements for the Southwest Corridor Waterline Project - Part A; and adopted the Agenda, as amended. - Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 5 . RESOLUTIONS There were no resolutions at this time. 07-315 04/11/07 6. WORK SESSIONS o WORK SESSION ON COUNTY ADMINISTRATOR' :3: PROPOSED FY2008 AMENDED BUDGET, THE PROPOSED FY2008 COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNl!:RSHIP ANNUAL PLAN, THE PROPOSED FY2008-FY2012 CAPITAL IMJ?ROVEMENT PROGRAM, AND OTHER ORDINANCE CHANGES Mr. Ramsey provided details of a report of the Auditor of Public Accounts, which indicates that Chesterfield County has the eighth lowest cost of school systems in the state in terms of cost per student. He stated Chesterfield is actually the most efficient and has the lowest cost per pupil of all the school systems in Central Virginia. He then provided details of a report of thE: Audi tor of Public Accounts of county operations, which indicates that Chesterfield has the second lowest cost per resident of any jurisdiction over 100,000 population in the state. He noted that since the report was developed, the number one jurisdiction" Spotsylvania, has increased its tax rate by 21 cents to address a maj or road plan. H(~ noted that Henrico County falls just below Chesterfield and stated the difference between the two actually equates to $45 million, which is equivalent to 15 cents in terms of tax rate. He stated this information indicates th:lt both the county government and school system are operating very efficiently. Mr. Miller stated this information is remarkable. In response to Mr. Miller's question, ~[r. Ramsey stated the Auditor of Pc.blic Accounts is responsible for overseeing the audits of all localities and school systems in the state, and the reports are prepared based on actual audit figures. Mr. Carmody came forward and provided an overview of the County Administrator's recommended changes to the FY2008 Biennial Financial Plan and the FY2008 Community Development Block Grant Program. He noted that staJ:f is requesting that the Habitat for Humanity funding of $50,000 be moved to unallocated until such time that further discussions can be held with thEl Habitat group, as well as the Jefferson Davis Association regarding the executive director position. He stated the General Assembly adopted ll:lgislation this year authorizing local governments to adopt a higher pension benefit for public safety positions beginning July 1, 2007, noting that a locali ty would have to adopt an authorizing resolution to opt into that program. He further stated the latest information indicates that localities would be required to fund that pension benefit in the year it is opted into. He stated the cost for FY2008 is estimated at $1.5 million, and staff is recommending that, if the Board chooses to move forward with this program, funds be appropriated from debt service savings anticipated in the current year that would show up with Results of Operations in the Fall of 2007, and also through debt services savings in FY2008. He noted that an i tern will come before the Board in the future to consider adopting a resolution opting into the pension benefit. In response ":0 Mr. Miller's question, Mr. Ramsey stated staff is identifying the public safety pension issue and asking that the money be set aside should the Board take action to implement thE= benefit change. 07-316 04/11/07 - "---"'~. -" - Mr. Carmody stated a Senior Engineer position in Transportation is a recommended change to address workload increases. He further stated Mr. Ramsey has requested that $500,000 for park land acquisition funding be identified as a priority to be considered with the FY2007 Results of Operations. He provided details of the County Administrator's recommended changes to the proposed FY2008-2012 Capital Improvement Program. He then reviewed Board members' recommended changes, including funding from the Matoaca District Improvement Fund for the CARES Shelter and for the purchase of pagers for Fire and EMS volunteers; $800 use of reserve for the Richmond Forum requested by Mr. Warren; and additional BPOL relief for retailers, requested by Mr. King. In response to Mr. Miller's question, Mr. Carmody stated one cent of the BPOL tax for retailers with gross receipts of $3.5 million and less equates to $85,000 in revenue. In response to Mr. King's question, Mr. Ramsey stated the BPOL rates will be discussed at a later time. He further stated the $340,000 budget request for additional BPOL relief for retailers would accommodate a reduction when the BPOL rates are considered. Mr. King requested that the Board members consider setting this funding aside until the BPOL rates are adopted. Mrs. Humphrey stated she wants to fully fund the CARES Shelter's budget request, using Mataoca District Improvement Funds to make up the difference. She further stated she will _ work the Chief Mauger regarding funding of volunteer pagers with Matoaca District Improvement Funds, rather than the General Fund. In response to Mrs. Humphrey's question, Mr. Ramsey stated the Parks and Recreation Advisory Commission has requested that the Board begin setting aside money for options on park land because of increasing difficulties in finding adequate land in the areas where the facilities need to be built. Mr. Carmody provided the Board with a list of actions associated with the budget that are being requested of the Board. He then recognized the staff of Budget and Management for their tremendous support during his first year as Budget Director. Mr. Miller thanked Mr. Carmody and his staff for their efforts in preparing this year's budget, indicating that it has been an extremely difficult year. - There was brief discussion relative to setting aside money to accommodate a BPOL rate reduction for retailers, if the Board chooses to do so later. Mr. King stated he would support the funding of pagers for volunteers. Mr. Miller regarding additional with Chief stated he is not prepared to make a decision today a BPOL rate reduction and would also like time to discuss the funding of volunteer pagers Mauger. 07-317 04/11/07 Mr. Sowder stated he would also like to discuss BPOL in greater detail before making a decision to set money aside for rate reductions. In response to Mr. King's question, Mr. Ramsey stated staff recommends that if the Board is going to consider the BPOL reduction, the budget be amended to reflect what is being requested. He further stated, if the Board is not comfortable taking that action, the bud~ret would have to be amended at a later time to accommodate a BPOL reduction. - Mr. King stated he supports setting the funding aside now. Mr. Miller stated he is not comfortable in setting aside funds at this time for a possible BPOL rate reduction. Mr. Warren stated he was prepared to support setting aside $85,000 for a BPOL rate reduction, but would prefer to defer the issue of setting aside $340,000 for this reduction. Mrs . HumphrE~y clarified that she intends to provide additional funding for the CARES shelter and funding for the purchase of volunteer pagers from her District Improvement Funds. Mr. Ramsey suggested that the Board discuss the tax rate prior to addressing budgetary issues. 7. DEFERRED ITEMS There were no deferred items at this timE::!. a . Nl!:W BUSINESS a.A. BUDGET ITEMS a .A. 5. TO CONSIDER ADOPTION OF AN ORDINANCE ESTABLISHING THE ANNUAL TAX LEVY ON VARIOUS CLASSli:S OF REAL ESTATE AND PERSONAL PROPERTY Mr. Ramsey stated the budget is based on a real estate tax rate of $0.99, one cent of which i.s designated for the road plan, and it also reflects a five-cent reduction from the current tax rate. Mr. Miller expressed concerns relative to the progression of increased assessments since 2004. He stated there are many elderly residents in the Dale District on fixed incomes, who can no longer afford to live in their residences. He further stated the $0.99 advertised tax rate, combined with a 16 percent incrE~ase in assessments equal a 10 percent increase in taxes. He stated a $0.95 tax rate would result in a 7 to 7.5 percent increase in taxes, which exceeds the composite index for inflation and population change. He further stated increased assessments represent increased taxes. He again expressed concerns relative to progressive cumulative increased assessments. -' Mr. Miller then made a motion for the Board to adopt a tax rate ordinance establishing the tax rates for calendar year 07-318 04/11/07 2007, including a $0.95 real estate tax rate. Mr. Warren seconded Mr. Miller's motion. He stated he does have questions about the impact of the $0.95 real estate tax rate on the latest budget figures the Board has been provided. He inquired whether Mr. Miller's motion included delaying the one-cent real estate tax proposed for road funding. - Mr. Miller clarified that his motion would not include setting aside one cent of the $0.95 real estate tax rate for transportation, indicating that he would prefer to defer the road plan until next year. He stated, although the impact of the state's transportation funding is unknown, he is hopeful that the General Assembly will be correcting the transportation plan and providing relief to localities next year. - Mr. Sowder expressed concerns that increases in household incomes have generally not exceeded 4 to 5 percent. He stated he supports deferring setting aside one cent of the real estate tax for transportation until next year for the reasons Mr. Miller provided. He further stated the county is already pursuing innovative solutions to transportation issues with developers. He stated, in his opinion, everyone wants the best school system possible, and no one wants to do anything that would adversely impact the school system. He further stated, in his opinion, the tax rate could be reduced below $0.99 without impacting the schools. He commended Mr. Ramsey and staff on maintaining county operations and the school system on a low level of spending per capita. He stated the citizens are overwhelmingly concerned about increased taxes if the $0.99 real estate rate is adopted in relation to their income. He further stated he can easily see reducing the tax rate an additional two cents below the $0.99, with no adverse impact to the county. Mrs. Humphrey inquired about the impact of a $0.95 real estate tax rate on the school budget, future budgets, and the county's bond rating. Mr. Ramsey provided details of the impact of reducing the real estate tax rate from $0.99 to $0.95 on the proposed FY2008 budget, as well as the current budget. He stated, assuming that we move forward with the road plan, staff sees difficulty in the third year of sustaining the $0.99 rate, and if the rate goes lower, in his opinion, the county's financial strength will be put at risk. He stated the bond rating agencies have just confirmed the county's AAA rating, and one of the county's main strengths they talked about was multi-year planning. He further stated major adjustments to school and county allocations would be necessary to accommodate and sustain a $0.95 tax rate, and it is his opinion that this would put the county's bond rating at risk. He stated he would recommend that the Board plan for addi tional tax rate reductions in next year's budget and direct staff to make reductions there if possible. He noted the Board has made the largest real estate tax reductions in county history in the past two years. Mr. King stated he supports responsible tax rate reductions. He further stated he would have a problem if asked to reduce the annual budget of his business and expressed concerns 07-319 04/11/07 relative to the impact of an additional reduction on the school budget that has already been prepared. He stated, in his opinion, either the county's bond rating is important and the state auditor's report is correct, or they are not. He further stated, with the challenges the county is facing with VRS benefits packages, health care, and public safety retirement changes, he is predicting that the county will not be able to sustain its real estate tax rate. He noted that he is supportive of the public safety VRS benefit change. He stated, if the Board is not satisfied with the State Audi tor's report, then the county should hire an outside audi tor to determine how well the county is operating. He expressed concerns relative to declining services to citizens and a negative impact of the county's bond rating if the tax rate is reduced lower than $0.99. He stated it is absurd to say that schools will not be impacted by additional tax rate reductions. He expressed concerns relative to delaying the one cent proposed to be set aside for transportation, indicating that the impact of state funding for transportation is still unknown. He stated there are many pressing road issues in the county that should not be delayed an additional year. He requested t:hat the Board adopt a responsible real estate tax rate. ......,' Mr. Miller stated he understands Mr. King's position. He further stated he arrived at a $0.95 '::ax rate by starting with the revenue neutral rate and applying composite index of population and inflation. He stated hE~ hopes the tax rate decrease will not impact the county's bond rating. He further stated the county will still receive a 7 to 8 percent increase in revenue with a $0.95 real estate tax rate. He stated the Board cannot be less than cognizant that many of the ci tizens being served are really suffering because of increased taxes. Mr. Micas noted that tax rates require majority of the full Board and, therefore, with three votes. approval by the must be approved Mr. Warren stated he supports an outside audit to determine whether the county is moving in the right direction. He further statE~d he was very involved in meetings with the consultant who helped the county achieve its AAA bond rating from all three rating agencies. He noted that one of the factors involved in the bond rating is the willingness of the public to support public facilities and expenditures. There was brief discussion relative to budget surpluses over recent years. In response to Mr. King's question, Mr. Ramsey stated the two major elements of the AAA bond rating are: 1) the county will carry at least a 7.5 percent fund balance, and 2) the county's debt will not exceed 10 percent of the budget. He expressed concerns that the bond rating could be impacted by- a real estate tax rate reduction, combined with other issues such as retiree health care expenses and CDA proposals. Mr. King stated the county is continuing to grow, so there is more revenue, but that does not take into account the programs that are imposed by state and federal agencies. He inquired whether citizens would be willing to trade understaffin9 of public safety for a reduced real estate tax 07-320 04/11/07 rate. He again suggested an external audit and deferral of an additional tax rate reduction until next year. ...-.. Mr. Miller stated this is a critical issue, which will impact young couples who are struggling with mortgage paYments, as well as elderly residents on fixed incomes. He further stated he does not want to do anything that will hurt the financial status of the county. He expressed concerns that the county cannot provide additional tax relief to its citizens, even though it would still be receiving increased revenues. Mr. Ramsey stated staff will do whatever the Board directs it to do and will also do everything possible to try to ensure that the bond rating is not impacted. He discussed recommended county budget adjustments if the Board were to reduce the tax rate to $0.97. Mr. Sowder stated, in his opinion, all Board members are passionate about the county and the school system. He stated he would have difficulty reducing the tax rate to $0.95, but believes that relief can be provided to the taxpayers without serious impacts. He further stated he is leaning more towards a $0.97 tax rate. Mr. Miller called for a vote on his motion, seconded by Mr. Warren, for the Board to adopt an ordinance establishing the annual tax levy on various classes of real estate and personal property, including a $0.95 real estate tax rate. Ayes: Miller and Warren. -- Nays: Humphrey, King, and Sowder. Mr. Sowder made a motion for the Board to adopt an ordinance establishing the annual tax levy on various classes of real estate and personal property, including a $0.97 real estate tax rate, and without setting aside one cent of the real estate tax revenue for transportation. Mr. Warren stated he will second Mr. the $0.95 tax rate was not approved, compromise. Sowder's motion since and this would be a Mr. King stated he could support the motion if the one-cent transportation component remained in place. Mr. Miller stated he lS fully supportive transportation plan, but when he began looking impacts, he felt it would be appropriate to defer aside one cent of the real estate tax revenue. He stated he will support the motion. of the at the setting further - Mr. Miller then called Sowder, seconded by Mr. following ordinance: for a Warren, vote on the motion of Mr. for the Board to adopt the AN ORDINANCE TO ESTABLISH THE ANNUAL TAX LEVY ON VARIOUS CLASSES OF PROPERTY FOR THE COUNTY OF CHESTERFIELD BE IT ORDAINED by the Board of Supervisors of the County of Chesterfield that for the year beginning on the first day of January, 2007, and ending on the thirty-first day of 07-321 04/11/07 December, 2007, the taxes on property in all the Magisterial Districts of the County of Chesterfield shall be as follows: Sec. 1. Real Property and Mobile Homes. (a) lots or shall be Except as provided in Sec. 1 (b), on tracts of land, improvements thereon and on mobile homes the tax $0.97 on every $100 of assessed value thereof. (b) On tracts of land, on mobile homes in the Transportation District the of assessed value thereof. lots or improvements thereon and Charter Colony powhite Parkway tax shall be $1.12 on every $100 ,~- Sec. 2. Personal Property. (a) On automobiles, trailers, boats, boat trailers, other motor vehicles and on all tangible personal property used or held in connection with any mining, manufacturing or other business, trade, occupation or profession, including furnishings, furniture and appliances in rental units, the tax shall be $3.60 on every $100 of the assessed value thereof. (b) On aircraft -3506 of the Code of shall be $.50 on every as defined by Section 58.1-3503 Virginia, 1950, as amended, the $100 of the assessed value thereof. and tax (c) On motor vehicles owned or leased by members of volunteer rescue squads, volunteer fire departments, volunteer police chaplains and by auxiliary police officers as provided in Section 9-57, Code of the County of Chesterfield, 1997, as amended, the tax shall be $.96 on - every $100 of the assessed value thereof. (d) On wild or exotic animals as defined by Section 58.1-3506 of the Code of virginia, 1950, as amended, the tax shall be $0.01 on every $100 of the assessed value thereof. (e) On motor vehicles which use c=_ean special fuels as defined in Section 58.1-2101 of the Code of Virginia, 1950, as amended, the tax shall be $3.24 on every $100 of the assessed value thereof. (f) On motor vehicles, trailers, and semitrailers with a gross vehicle weight of 10,000 pounds or more used to transport property for hire by a motor carrier engaged in interstate commerce, the tax shall be $.96 on every $100 of the assessed value thereof. (g) On motor vehicles provide transportation individuals, the tax shall assessed value thereof. which are specially equipped to for physically handicapped be $.01 on every $100 of the .~< Sec. 3. Public Service Corporation PrOpl3!rty. (a) On that portion of real estate and tangible personal property of public service corporations which has been equalized as provided in Section 5,8.1-2604 of the Code of Virginia, 1950, as amended, the tax shall be $0.97 on every $100 of the assessed value thereof determined by the State Corporation Commission. 07-322 04/11/07 (b) The foregoing subsections to the contrary notwithstanding, on automobiles and trucks belonging to such public service corporations the tax shall be $3.60 on every $100 of assessed value thereof. Sec. 4. Machinery and Tools. On machinery and tools used in a manufacturing or mining business the tax shall be $1.00 on every $100 assessed value thereof. Ayes: Miller, Sowder and Warren. Nays: King and Humphrey. Mrs. Humphrey noted that she voted against the motion because she supports setting aside one cent of the real estate tax revenue for transportation. Mr. Ramsey clarified that the Board will have to eliminate the road plan with adoption of the budget. Mr. Miller requested a five-minute recess. Reconvening: 8 . A .1. TO CONSIDER PROPOSED ORDINANCE AMENDMENTS RELATING TO REGULAT:IONS BY THE HEALTH DEPARTMENT OF FOOD SERVICE ESTABLISHMENTS, REQUIREMENTS FOR FOOD HANDLER TRAINING; THE INSTITUT:ION OF FEES FOR ANNUAL FOOD ESTABLISHMENT INSPECTIONS; AND FOR REVIEW OF CONSTRUCTION PLANS AND FOR BIANNUAL FOOD HANDLER TRAINING Mr. Miller requested that Dr. Nelson provide a brief summary of the impetus for the proposed ordinance amendments. Dr. Nelson stated food-borne illness is a problem, and it is staff's opinion that training of food handlers is essential for helping to keep the food chain and the food service establishments as safe as possible. He provided details of Health Department inspection violations related to training, which is the reason for the proposed amendments. He stated the ordinance would be somewhat of a burden on business, but the jurisdictions who have these requirements in place see it as an enhanced value. In response to Mr. Miller's questions, Dr. Nelson stated he has not seen an increase in food poisoning cases, although they are very difficult to track. He further stated the cost of the program would be approximately $24,000-$25,000, which __ would be borne by a fee charged the individual card handlers, not the restaurants. Discussion ensued relative to the inequity of the proposed ordinance on grocery stores that prepare foods that are consumed on the premises versus those that prepare food that is not consumed on the premises. Mr. King expressed concerns that this program was not funded through the budget, instead of levying a tax on citizens. 07-323 04/11/07 In response to Mrs. Humphrey's question, Dr. Nelson stated volunteer orQ'anizations would not be impacted by the program because they serve low-risk foods by agreement, and at least one person from the organization must be trained in food safety. Mr. Sowder noted that there is a high turnover rate in food handlers. There was brief discussion relative to how this program would supplement the state's requirements on food service establishments. - Mr. Miller inquired whether this program is essential to protect the health and public safety of residents. Dr. Nelson stated, in his opinion, the program is important and would be a big step forward. Mrs. Humphrey made a motion, seconded by Mr. Miller, Board to adopt the proposed ordinance relating establishments. for the to food Ayes: Miller and Humphrey. Nays: King, Sowder and Warren. a .A. 2. TO CONSIDER PROPOSED ORDINANCE AlmNDMENTS RELATING TO PURCHASE AND STERILIZATION FEES lrOR DISPOSITION OF CONFINED ANIMALS Mr. Carmody stated the proposed ordinance amendments would -- increase fees for male cat sterilization and create a new fee for adoption of cats. On motion of Mr. Miller, 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 4-25 RELATING TO PURCHASE AND STERILIZATION FEES UPON DISPOSITION OF CONFINED AJlJIMIALS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section Chesterfield, 1997, read as follows: 4-25 of the Code of the County of as amended, is amended and re-enacted to Sec. 4-25. Confinement and disposition of animals; animal shel ter; redemption by owner; shel ter chl~rges. -' (a) The animal warden shall confine in a shelter any dogs found to be in violation of this chapter, including dogs: (i) found running at large, [ii) that do not have current rabies vaccinations or {iii) that are not wearing a license or rabies tag. The animal warden may, in his discretion, accept stray or feral dogs and cats or other animals from county residents. The animal warden shall make a reasonable effort to determine 07-324 04/11/07 whether any animal bears identification including a collar, tag, tattoo or other form of identification. If any identification is found, the animal warden shall make a reasonable effort to notify the owner within 48 hours of confinement of the animal and shall make a reasonable effort to return the animal to its owner or place the animal for adoption before destroying it. The animal shall not be disposed of as provided in subsection (d) (ii) nor shall it be used or accepted by any person for the purpose of medical research. Notice to the owner shall be deemed sufficient when sent by certified mail to the owner's address as it appears on record in the treasurer's office. The animal warden may destroy or otherwise dispose of animals in accordance with this section if the animals have not been claimed by their owners, as follows: (i) any animal with the above-described identification which has been confined for ten calendar days; or (2) any animal without the above-described identification which has been confined for a period of five calendar days. - (b) The owner of any animal confined under this chapter may redeem it upon paYment of all fees required by the animal warden, if the animal has not been otherwise disposed of. No dog shall be released to its owner until the owner (i) presents a current dog license receipt or tag; (ii) presents proof of a valid rabies vaccination; and (iii) pays a fee for the animal's impoundment, of $30.00 for the first 24 hours of impoundment and $12.00 a day for each additional day. No cat shall be released to its owner until the owner presents proof of a valid rabies vaccination. No cat or other animal shall be released without paYment to the animal warden of a fee of $12.00 if the cat or animal is claimed during the first 24 hours of impoundment and $6.00 a day for each additional day. Funds collected under this section shall be disposed of in the same manner as dog license taxes. If the owner cannot provide proof relating to the license tag or rabies vaccination at the time he claims the animal, then he shall provide such proof within five operating days. (c) Any person purchasing a dog or cat from the animal shelter shall pay a fee of $10.00 which shall be disposed of in the same manner as dog license taxes. Additionally, any person purchasing an unsterilized dog or cat from the animal shelter shall pay a sterilization fee and sign a sterilization agreement with the county. The county shall pay the sterilization fee to the veterinarian who performs the sterilization after the veterinarian has certified that the sterilization has been performed. The sterilization fee for all dogs and cats shall be $30.00. If any veterinarian charges an amount in excess of the sterilization fee, paYment of the excess amount shall be the responsibility of the person who adopts the dog or cat. Any person who violates this subsection or fails to abide by the sterilization agreement shall be subject to a civil penalty not to exceed $50.00. (d) At any time after the confinement period for the animal expires and the animal has not been claimed, it may be (i) euthanized by one of the methods approved by the 07-325 04/11/07 state vE:terinarian and the animal warden shall cremate, bury or sanitarily dispose of same; (ii) disposed of by sale or gift to a federal agency, state-supported institution, agency of the commonwealth, agency of another state, or a licensed federal dealer having its principal place of business in the commonwealth, provided that such agency, institution or dealer agrees to confine the animal for an additional period of not less than five days; (iii) delivered to any humane society or animal shelter within the commonwealth; (iv) delivered to any person who is a resident of the county who will pay the required license tax and adoption fee for such animal; (v) delivered to a noncounty resident who pays the required adoption fee; or (vi) delivered for the purposes of adoption or euthanasia only, to a humane society or an animal shelter located in and lawfully operating under the law::: of another state, provided that such humane society or animal shelter: (1) maintains records that comply with Code of Virginia, ~ 3.1-796.105; (2) requires that adopted dogs and cats be sterilized; and (3) has been approved by the state veterinarian, or his designee, as a facility which maintains such records, requires adopted dogs and cats to be sterilized, and provides adequate care and euthanasia. ~,~' (e) No provision shall prohibit the immediate destruction of a critically injured or critically ill animal, or any animal not weaned, for humane purposes. (f) The shelter shall be accessible to the public during reasonable operating hours. ,- (g) If the owner of a dog or cat volun'::arily releases it to the animal shelter and surrenders, in writing, all property rights in the animal and reads and signs a statement (i) certifying that no other person has a property right in the animal and (ii) acknowledging that the animal may be immediately euthanized or disposed of as set forth in subsection (d), except d (ii), then the animal may be disposed of by any of the methods listed in subsection (d), except d(ii). However, the animal shall not be used for medical research or experimentation, unless the owner consents in writing. (h) Any feral dog or cat not bearing a collar, tag, tattoo, or other form of identification that, based on a disinterested person's written certification, exhibits behavior that poses a risk of physical injury to any person confining the animal, may be euthanized after being kept for at least three days, including at least one full operating day, unless sooner claimed by the rightful owner. The disinterested person's certification shall be kept with the animal and shall be available for public inspection. For purposes 0:: this subsection, a - disinterested person shall not include a person releasing or reporting the animal to the animal shelter. ( i ) Ei ther an animal's cus todiaIl or an individual who has found an animal may qualify as owner and may claim the animal at the expiration of the period set out in subsection (a) and after payment of the required license tax and applicable fees. If the legal owner later claims 07-326 04/11/07 the animal and proves his ownership, the custodian or finder shall return the animal to the owner after the owner reimburses him for any license tax, fees or actual expenses paid and for reasonable charges for the animal's upkeep while in his possession. (2) That this ordinance shall become effective immediately upon adoption. - Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 8. A. 3 . TO CONSIDER PROPOSED ORDINANCE AMENDMENTS RELATING TO FEES FOR BAD CHECKS On motion of Mr. King, seconded by Mrs. Humphrey, 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 9.2 RELATING TO FEE IMPOSED FOR RETURNED CHECKS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 9.2 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: -- Sec. 9-2. Fee imposed for returned checks. The treasurer shall collect a fee of $35.00 from anyone whose check for paYment of any sum due to the county is returned for any reason, unless the person delivers to the treasurer cash or cash equivalent in the full amount of the returned check within five days after the check is returned. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 8 . A. 4 . TO CONSIDER PROPOSED ORDINANCE AMENDMENTS RELATING TO THE TAX RELIEF FOR THE ELDERLY AND DISABLED PROGRAM On motion of Mrs. Humphrey, 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 SECTIONS 9-24 AND 9-25 RELATING TO INCOME ELIGIBILITY FOR TAX EXEMPTIONS FOR THE ELDERLY AND THE AMOUNT OF SUCH TAX EXEMPTIONS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 07-327 04/11/07 (1) That Sections 9-24 and 9-25 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted to read as follaws: DIVISION 3. EXEMPTIONS Sec. 9-24. R'Bstrictions and conditions. Notwi ths tanding any other provision of this chapter, a dwelling or manufactured home, and up to one acre of land upon which either is situated, may be temporarily exempted from taxation when any such property is owned by and occupied as the sole residence of a person at least 65 years old or a person who is determined to be permanently and totally disabled as defined by Code of Virginia, ~ 58.1-3217. The exemption shall be subject to the foll.owing restrictions and conditions: -- 000 (3) As of December 31 of the immediately preceding calendar year, the net combined financial worth, including interest of the owners and of the spouse of any owner, excluding the value of the property for which the exemption is sou9ht, and the value of up to an additional nine acres of real estate if such additional nine acres of real estate are contiguous to and a part of the parcel for which the exemption is sought, must not exceed $200,000.00. Sec. 9-25. Schedule of exemptions permi1:.ted. (a) The amount of exemption from real estate taxation under this section shall be determined in accordance with the following schedule: - Income percentage of Exemption $0.00 $37,000.00 $37,001.00 $48,500.00 $48,501.00 $52,000.00 through 100 through 60 through 35 000 (2) That this ordinance shall become effective January 1, 2008. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 8.A.6. TO CONSIDER THE FY2008-2012 PROPOSED CAPITAL IMPROVEMENT PROGRAM Mr. Carmody clarified that changes were presented during the work session related to the proposed Capital Improvement Program. Mr. Ramsey stated that, because of confusion in the change of the construction market in recent days, several Board members have suggestl2d not actually appropriating the full amount of 07-328 04/11/07 the request for Clover Hill High School, but allocating in the budget the full amount and appropriating something less than the $81 million requested by the School Board, with a strong indication, so that there is no misunderstanding in the bid community, that the Board is reserving that difference and fully intends to move forward with Clover Hill High School, but wait until the bids are in to make the final appropriation for the project. He further stated, from discussions with Board members, it was his understanding that the Board would appropriate between $65 and $70 million to the project. There was brief discussion :t::'elative to the cost of constructing Cosby Road High School. Mr. Miller suggested that the Board appropriate $65 million for the project. Mr. King clarified for the School Board and the public that Clover Hill High School will be built on time. Mr. Miller stated the Board is committed to building Clover Hill High School, but is trying to go through the process a responsible manner by asking appropriate questions regarding the construction funding. Mr. Carmody clarified that the total appropriation would be $65 million, inclusive of the prior year's funding, with $16 million held in reserve until the bids are received. Mrs. Humphrey and Mr. Sowder both stated that they support the project. On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board adopted the FY2008-2012 Capital Improvement Program, as amended, including the appropriation of a total of $65 million for Clover Hill High School, inclusive of the past year's funding, with $16 million being held in reserve until the bids are received. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 8.A.7. TO CONSIDER THE FY2008 PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANT AND THE HOME INVESTMENT PARTNl!:RSHIP ANNUAL PLAN Mr. Ramsey reminded the Board that staff is requesting that the Habitat for Humanity funding of $50,000 be moved to unallocated until such time that further discussions can be held with the Habitat group, as well as the Jefferson Davis Association regarding the executive director position. On motion of Mrs. Humphrey, seconded by Mr. King, the Board adopted the county's FY2008 Community Development Block Grant and HOME Investment Partnership Annual Plan, as amended, with the Habitat for Humanity funding of $50,000 being moved to unallocated until such time that further discussions can be held with the Habitat group, as well as the Jefferson Davis Association regarding the executive director position. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 07-329 04/11/07 8 .A. 8. TO COlt'ISIDER THE FY2008 AMENDED BJCENNIAL FINANCIAL PLAN Mr. Ramsey stated staff recommends adoption of the Plan with changes to the county budget as presented to accommodate a real estate tax rate reduction to $0.97" He further stated Dr. Newsome has agreed to present recommendations at the Board's April 25, 2007 meeting for adjustments to the School Board budget to accomplish the real estate tax rate reduction. - Mr. Carmody provided details of proposed county budget changes to accommodate the real estate tax rate reduction. Mr. Warren made a motion for the Board to adopt the FY2008 Amended Biennial Financial Plan, as amended. Mr. Sowder stated the county supports ,:l number of chari ty- related organizations. He further stated the Sports Backers organization has a huge impact on the county's economic development, and he has heard a lot of support from area hotels regarding their funding request. He encouraged the Board to tak,e another look at increasing support for that organization, indicating that it is an investment rather than depletion of resources. Mr. Carmody stated the Sports Backers had requested $50,000, and the recommended funding was $20,000. Mr. Sowder suggested doubling the recommended funding for the Sports Backers to $40,000. Mr. King stated he would support amending the budget to reflect additional funding for the Sports Backers because, in his opinion, the county will reap the rewards of its investment with the organization. Mr. Warren amended his motion to include increased funding of the Sports Backers organization to $40,000. Mr. Miller stated he will support that the Board would not increase there are many worthy chari ties, that meet critical needs of county the motion, but had hoped donations. He noted that such as Meals on Wheels, residE:nts. Mr. King seconded Mr. Warren's amended motion. Mr. Miller called for a vote on the amended motion of Mr. Warren, seconded by Mr. King, for the Board to adopt the FY2008 Amended Biennial Financial plan with revisions as presented, including increasing the funding for Sports Backers to $40,000. _e (It is noted that Dr. Newsome will communicate to the Board of Supervisors budget adjustments to accomplish the real estate tax rate reduction.) Ayes: Miller" Humphrey, King, Sowder and Warren. Nays: None. 07-330 04/11/07 Mr. Ramsey noted that staff had recommended that the Board consider placing an item on the priority list for Results of Operations for $500,000 for the acquisition of park land. He further stated the state has recently notified the county that it would incur an additional mandated $1 million next year for the Comprehensive Services Act (CSA) Program. He recommended that the Board also place $1 million for CSA on the FY2007 Results of Operation priority list for funding. - On motion of Mr. Warren, seconded by Mr. Miller, the Board approved placement of $500,000 in funding for the acquisition of park land and an additional $1 million in funding for the Comprehensive Services Act (CSA) program on the priority list of funding for FY2007 Results of Operations. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 8. A. 9 . ADOPTION OF RESOLUTION APPROPRIATING FUNDS FOR FISCAL YEAR 2008 AND APPROVING FUNDS FOR FISCAL YEAR 2008 Mr. Carmody stated staff is requesting that the Board adopt a resolution appropriating funds for FY200S, noting that the changes presented will be incorporated into the resolution. Mr. Miller requested that Dr. Newsome provide details of the School Board's funding request for a pre-school program for at-risk children. Dr. Newsome stated research suggests that almost 90 percent - of the brain capacity is developed by the time a child enters school. He further stated approximately 500 pre-school aged children in the county have been identified by the state as at-risk. He stated the needs of many of the students are met through Head Start and Title I programs. He further stated Dr. Cannaday notified him several months ago that the state wanted to focus on helping to support local school districts with funding for at-risk four-year-olds and inquired whether the School Board would be interes ted in receiving funding from the state. He stated, after looking at the data, it was clear that children who were identified as at-risk and had a pre-school experience were much more successful in school than students who had not. He further stated the School Board received a grant from the state for $215,000 for this year, and $364,000 for FY2008, which left a balance of $386,000 to fund the pre-school program for seven additional schools. He stated the Schools' FY2008 budget includes $750,000 for this program, $364,000 of which is allocated by the state. He further stated, if a recommendation is made to the School Board that this program be eliminated, then the county would have to reimburse the state for the $215,000 received this year for start-up costs for the pre-school program. Discussion ensued relative to the schools that are currently being served by state funds for the pre-school program. Mr. Miller stated he thinks this program is ill-advised, expressing concerns about opening the door to even greater intrusion. He further stated he believes the funding would be better spent in classrooms, teachers and other issues. 07-331 04/11/07 Mr. Miller then made a motion for the Board to adopt the resolution appropriating funds for fiscal year 2008, with the deletion of the School Board's $750 1000 line item for the pre-school program. Mrs. Humphrey stated she recall.s that a pre-school program was in place several years ago, and a decision was made to eliminate the program because it was not serving the educational goals for the future of students. She expressed concerns that the state's funding is inadequate for the program and also about the equitability of the program for all schools in the county. She further stated she will support Mr. Miller's motion, indicating that she has a four- year-old daughter and can relate to this issue. -' Mr. Sowder stated, although he does not have a strong personal opinion on this issue, many of his constituents have indicated that they do not support the pre-school program. Mrs. Humphrey seconded Mr. Miller's motion. Mr. Ramsey clarified adjusted to designate Hill High School. that the resolution would also be $16 million in a reserve for Clover Mr. Miller clarified that his motion included deletion of $750,000 in funding for the pre-school program and reserving $16 million for Clover Hill High School. Mr. Miller then called for a vote on his motion, seconded by Mrs. Humphrey, for the Board to adopt the following resolution: - A RESOLUTION TO APPROPRIATE DESIGNATED FUNDS AND ACCOUNTS FROM DESIGNNPED ESTIMATED REVENUES FOR FY200S FOR FISCAL PLANNING PURPOSES FOR THE OPERATING BUDGET AND THE CAPITAL IMPROVEMENTS PROGRAM FOR THE COUNTY OF CHESTERFIELD, VIRGINIA BE IT HEREBY RESOLVED by the Board of Supervisors of the County of Chesterfield: That for the fiscal year beginning on the first day of July 2007 and ending on the thirtieth day of June 200S, the following sections shall be adopted: Sec. 1 The following designated fund::: and accounts shall be appropriated from the designated estimated revenues to operate and to provide a capital improvement program for the county. It is the intent of the Board of Supervisors that general property taxes levied on Janu.ary 1, 2007 and due December 5, 2007 be appropriated for FY2008. General Funq Estimated Revenue: FY08 Amended From Local Sources: General Property Taxes Other Local Taxes Licenses, Permits, Fees Fines, Forfeitures and Uses of Money & Property Service Charges Miscellaneous and Recovered Costs ---" :$366,024,200 102,006,400 7,517,500 5,176,100 27,373,400 12,166,900 07-332 04/11/07 From Other Agencies: State and Federal Other Financing Sources: Reserves Transfer from County Grants Fund Transfer from County Capital Projects Transfer from Vehicle & Communications Maintenance Fund Transfer from Water Improvement, Replacement & Extension Fund Transfer from Water Operating Fund Transfer from Wastewater Operating Fund Anticipated Fund Balance 7/1/07 Total Revenues Appropriations: General Government Administration of Justice Public Safety Public Works Health and Welfare Parks, Rec., Cultural Community Development Debt Service Operating Transfers Reserves Ending Fund Balance, 6/30/2008 Total General Fund: $139,637,100 $20,375,600 401,900 236,000 11,600 2,500 2,452,600 2,500 49,945,000 $733,329,300 $48,462,400 8,108,900 135,901,300 20,109,900 63,116,400 21,367,000 13,215,800 25,110,200 341,962,100 5,030,300 50,945,000 $733,329,300 *Plus encumbrances carried forward in all funds in an amount not to exceed $15 million, which will be reappropriated into the fiscal year beginning July 1, 2007. (See "Section 5") ComDrehensive Services Fund Estimated Revenue: Reimbursement, Colonial Heights State Aid, Comprehensive Services State, Miscellaneous Transfer from Social Services Transfer from Schools Transfer from General Fund Total Revenue Appropriations: Operating Expenses Total Appropriations School Operating Fund Estimated Revenue: Local Sources State Federal Loan Proceeds Transfer from School 07-333 $211,400 5,345,900 114,200 445,200 1,790,200 2,729,900 $10,636,800 $10,636,800 $10,636,800 $20,273,200 237,810,200 24,888,100 679,800 677,100 04/11/07 Operating Transfer from School Food Service Transfer from General Fund: State Sales Tax Local Taxes Grounds Maintenance Total General Fund Beginning Balance Total Revenues, Transfers & Reserves Appropriations: Instruction Administration / Attendance & Health Pupil Transportation Operations & Maintenance Debt Service Food Service Transfer to School Capital Projects Total Appropriations School CaJ)itCll Projects Fund Estimated Revenue: Bond Proceeds Proffered Funds State Construction Allocation School CIP reserve Transfer from School Grants Transfer from Food Services Total Revenue and Transfers Transfer to School Appropriations: Operating Fund: School Projects Total Appropriations Schools - AD1)Omattox Regional Governor I s~ School Fund Estimated Revenue: Local Sources State Transfer from Operating Total Revenues Beginning Fund BalanCi~~ Total Revenues, Transfers and Reserves Appropriations: Education Transfer to Grants Total Appropriations County Grant,~ Fund: Estimated Revenue: From Other Governments From the General Fund Total Revenue Appropriations: Adult Drug Court Grant 07-334 800,000 52,612,400 258,195,200 1. 973,800 $312,781,400 6,950,000 $604,859,800 - 412,643,579 22,319,487 29,150,926 59,555,908 44,500,600 19,054,000 17,635,300 $604,859,800 $63,073,800 2,602,900 821,500 17,635,300 1,851,500 1.205,500 $87,190,500 ,- $0 $87,190,500 $87,190,500 $3,343,000 939,300 5,200 $4,287,500 $677,500 $4,965,000 $4,959,800 $5,200 $4,965,000 - $9,693,800 2,974,200 $12,668,000 $736,200 04/11/07 ,,--- County CIP Fund Estimated Revenue: Appropriations: (Commonwealth's Attorney) Clerk of the Circuit Court - Technology Trust Fund Community Corrections Services: Domestic Violence Resource Center Domestic Violence Victim Advocate (V-STOP) Options Pretrial Post Trial Community Development Block Grant Community Services Board Part C Grant Domestic Violence Prosecutor Families First Fire & EMS Revenue Recovery Juvenile Drug Court Grant Litter Grant Police - Domestic Violence Coordinator Police - COPS in Schools Police - COPS/Universal Hiring Practices Grant USDA Juvenile Detention Grant USDA Youth Group Home Grant Victim/Witness Assistance VJCCCA Total Appropriations Lease/Purchase Proceeds General Obligation Bonds Transfer from General Fund Transfer from Cash Proffers State Grants/Reimbursements Other / Interest Earnings Total Revenue County Capital Projects Transfer to the General Fund Total County CIP Funds County Maintenance Projects Fund Estimated Revenue: Appropriations: Transfer from General fund General Obligation Bonds Total Revenue County Maintenance Projects Total County Maintenance Projects County Other CaDi tal Projects Estimated Revenue: General Obligation Bonds Total Revenue 07-335 400,000 114,200 35,000 68,200 472,500 1,759,600 1,813,500 672,700 94,100 474,300 2,610,000 485,000 26,000 49,800 32,600 877,600 40,000 22,500 433,000 1.451.200 $12,668,000 $12,182,500 16,649,100 16,992,700 1,918,000 500,000 536,000 $48,778,300 $48,542,300 236,000 $48,778,300 $1,200,000 ~ $1,200,000 $1.200,000 $1,200,000 $16,000,000 $16,000,000 04/11/07 County Other Capital Appropriations: Projects Total County Other CIP Funds Cash Proffer' Fund Estimated Revenue: Cash Proffers Total Revenues Transfer to County Capital Appropriations: Projects Fund Transfer to School Capital Projects Fund Total Appropriations Vehicle and Communications Maintenance Estimated Revenue: Lease/Purchase Proceeds Fleet Management Charges Radio Shop Charges Total Revenue Appropriations: Fleet Capital Improvements Fleet Management Operations Radio Shop Operations Total Appropriations CaDi tal Proj E~cts Management Fund Estimated Revenue: Reimbursement for Services Total Revenue Construction Management Appropriations: Operations Total Appropriations Risk ManaqemE~nt Fund Estimated Revenue: Operating Revenues Interest Earnings Beginning Retained Earnings Total Revenue Appropriations: Risk Management Operations Ending Retained Earnings Total Appropriations Airt>ort Fund Estimated Revenue: Operating Revenue Total Revenue Appropriations: Airport Operations Total Appropriations Airt>ort CaDital Fund Estimated Revenue: Federal Grant State Grant Transfer from General fund 07-336 $16,000,000 $16,000,000 $4,520,900 $4,520,900 - $1,918,000 2,602,900 $4,520,900 $7,445,000 16,542,000 2,077,800 $26,064,800 $7,445,000 16,542,000 2,077,800 $26,064,800 $771.500 $771,500 -' $771,500 $771,500 $6,793,600 o 4,844,200 $11,637,800 $6,793,600 4,844,200 $11,637,800 $733,400 $733,400 $733,400 $733,400 -- $230,000 87,300 24,800 04/11/07 Total Revenue Appropriations: Airport Improvements Total Appropriations utilities Fund Estimated Revenue: Service Charges Capital Cost Recovery Charges Hydrant/Fire Protection Other Revenue Anticipated Future Revenue Total Revenue Operations Debt Service Transfer to County Capital Projects Transfer to Capital Projects PaYment in Lieu of Taxes Transfer to Water Improvement Replacement Fund Total Appropriations Appropriations: Utilities Cagital Project Funds Estimated Revenue: Transfer from Improvement/Replacement Fund Anticipated Bond Issue Total Revenue Appropriations: Capital Projects Total Appropriations Sec. 2 Sec. 3 Sec. 4 $342,100 $342,100 $342,100 $55,410,000 15,536,000 2,452,600 8,087,300 9,010,000 $90,495,900 $47,358,500 13,449,800 o 27,235,000 2,452,600 Q $90,495,900 $27,235,000 4,000,000 $31,235,000 $31, 235,000 $31,235,000 Appropriations in addi tion to those contained in the general appropriation resolution may be made by the Board only if there is available in the fund an unencumbered and unappropriated sum sufficient to meet such appropriations. The County Administrator may, as provided herein, except as set forth in Sections 7, 12, 13, 14, 15, 16 and 18, authorize the transfer of any unencumbered balance or portion thereof from one classification of expenditure to another within the same department or appropriation category. The County Administrator may transfer up to $50,000 from the unencumbered appropriated balance of one appropriation category to another appropriation category. No more than one transfer may be made for the same item causing the need for a transfer, unless the total amount to be transferred for the item does not exceed $50,000. The County Administrator may appropriations for non-budgeted revenue occur during the fiscal year as follows: a) Insurance recoveries any county property, received for damage including vehicles, to for 07-337 lncrease that may 04/11/07 Sec. 5 Sec. 6 Sec. 7 Sec. 8 which County funds have been expended to make repalrs. b) Refunds or reimbursements made to the county for which the county has expended funds directly related to that refund or reimbursement. c) Revenue not to exceed $50,000. All outstanding encumbrances, both operating and capital, in all county funds up to $15 million, at Jun,e 30, 2007 shall be an amendment to the adopted budget and shall be reappropriaLted to the 2007-2008 fiscal year to the same department and account for which they were encumbered in the previous year. At thE~ close of the fiscal year, all unencumbered appropriations lapse for budgl:~t i terns other than: capi tal proj ects; general fund transfers for capital projects and grants; construction reserves for capital projects; reserves for county and school future capital projects; other reserves; District Improvement Funds; dO::1ations restricted to specific purposes; federal and state grants, other revenue and program income; revenue recovery funds; Ti t:le IV-E funds; cash proffers; all tax revenues received for special assessment districts; Economic Development incentive funds; actual transient occupancy tax revenues recei ved and budgeted expendi tures in connection wi th the Richmond Convention Center; and refunds for off-si te and oVE~rsized water and wastewater facilities. -- - Appropriations designated for capital projects will not lapse at the end of the fiscal year. The County Admini s tra tor may approve trans f ers between funds to enable the capital projects to be accounted for correctly. Upon completion of a capital proj ect, staff is authorized to close out the project and transfer any remaining balances to the original funding source. The County Administrator may approve construction contract change orders up to an increase of $49,999 and approve all change orders for reductions to contracts. The Board of Supervisors must approve all change orders of $50,000 or more or when thE:! aggregate of all changes to a contract exceeds 10% of the original contract amount or 20% if the contract is for less than $500,000. The County Administrator is authorized to approve transfers among Utili ties funds and capital projects as long as funding sources are consistent and total net appropriation is not increased. Should the actual contract price for a project be less than the appropriation, the County Administrator may approve thE~ transfer of excess funds back to the original funding source upon completion of the project. _/ Upon completion of a grant proj ect, the County Administrator is authorized to close t.he grant and transfer balances back to the funding source. The 07-338 04/11/07 Sec. 9 Sec. 10 Sec. 11 Sec. 12 Sec. 13 Sec. 14 Sec. 15 - County Administrator is authorized to reprogram Community Development Block Grant funds by closing program cost centers and transferring funding to newly approved programs based on adoption by the Board of Supervisors. The County Administrator may reduce revenue and expenditure appropriations related to programs funded all or in part by the Commonwealth of Virginia and/or the federal government to the level approved by the responsible state or federal agency. The Director of Accounting is authorized to make transfers to various funds for which there are transfers budgeted. 'The Director shall transfer funds only as needed up to amounts budgeted, or in accordance with any existing bond resolutions that specify the manner in which transfers are to be made. The Treasurer may advance monies to and from the various funds of the county to allow maximum cash flow efficiency. The advances must not violate county bond covenants or other legal restrictions that would prohibit such an advance. The Treasurer may also advance cash in support of employee benefit accounts. The County Administrator is authorized to make expenditures from Trust & Agency Funds for the specified reasons for which the funds were established. In no case shall the expenditure exceed the available balance in the fund. The County Administrator is authorized to transfer among appropriation categories and/or appropriate funds in excess of $50,000 for supplemental retirement, Workers' Compensation, heal thcare for retirees, and other compensation-related costs. The County Administrator may appropriate revenues and increase expenditures in excess of $50,000 for funds received by the county from asset forfeitures for expenditures related to drug enforcement or other allowable expenditures. The balance of these funds shall not lapse but shall be carried forward into the next fiscal year. The County Administrator may increase the general fund appropriation in the School Operating Fund contingent upon availability of funds and other circumstances, based on the following schedule: a) Increase general fund transfer/appropriation on December 15 by $2,000,000. b) Increase general fund transfer/appropriation on February 15 by $2,000,000. c) Increase general fund transfer/appropriation on May 05 by $2,000,000. 07-339 04/11/07 Sec. 16 Sec. 17 Sec. 18 Sec. 19 Sec. 20 The County Administrator is authorized to reallocate funding sources for capital proj ects, arbitrage rebates/penalties, and debt service pa:yments and to appropriate bond interest earnings to minimize arbitrage rebates/penalties. This authority includes the appropriation of transfers among funds to accomplish such reallocations. Budgets for specific capital projects will not be increased beyond the level authorized by Sections 3 and 4. -- Salaries for Planning Commissioners and members of the Board of zoning Appeals will be increased equivalent to the increase county employees are eligible for. The effective date for pay increases, including the Planning Commission, the Board of zoning Appeals and the Board of Supervisors, may cross fiscal years. Increases will be effective on the first day of the pay period that includes July 01. The County Administrator lS authorized to approve transfers among funds and capital projects as long as total net appropriation is not increased. The Utilities Department rate stabilization reserve shall be maintained as per guidelines outlined below: a) The minimum annual contribution to the reserve will be 50% of the previous year's depreciation on fixed assets. - b) The annual contribution to the reserve will continue until 100% of accumulated depreciation on the fixed assets is funded. If at the beginning of a fiscal year a reserve balance exceeds 100% of accumulated depreciation, a reduction in the annual contribution may be considered. c) Funds cannot be used from the rate stabilization reserve if the balance falls below 25% of that utility's fixed asset accumulated depreciation, other than for Utility internal borrowing purposes. d) The declaration of a financial emergency by the Director of Utilities and a corresponding four-fifths vote by the Board of Supervisors at a publicly advertised meeting declaring the existence of such an emergency is required to suspend Sec. 19a, Sec. 19b, and Sec. 19c. Upon adoption of this resolution, the School Board and/or the School Superintendent may make expendi ture and revenue changes wi thin the school fund as follows: -' a) Transfers of $50,000 or less are subject to the approval of the Superintendent. 07-340 04/11/07 Sec. 21 Sec. 22 b) Transfers of $50,001 to $499,999 require the approval of the Superintendent and the School Board. c) Transfers of $500,000 or more require the approval of the Superintendent, the School Board, and the Board of Supervisors. The School Board and/or the School Superintendent shall prepare a budget status report reflecting changes to the approved school budget between appropriation categories, as amended, and the report shall be presented to the County Administrator quarterly. The County Administ.rator is authorized to reclassify, without resulting in a net increase, budgeted revenues to accommodate implementation of the state's Personal Property Tax Relief Act reimbursement as well as the implementation of the state communications sales and use tax and 911 fees and taxes. In accordance with the requirements set forth in Section 58.1-3524{C) (2) and Section 58.1-3912(E) of the Code of virginia, as amended by Chapter 1 of the Acts of Assembly (2004 Special Session 1) and as set forth in Item 503.E (personal property Tax Relief Program) of Chapter 951 of the 2005 Acts of Assembly, any qualifying vehicle sitused within the County commencing January 1, 2007, shall receive personal property tax relief ln the following manner: a) Personal use vehicles valued at $1,000 or less will be eligible for 100% tax relief; b) Personal use vehicles valued at $1,001 to $20,000 will be eligible for 61% tax relief; c) Personal use vehicles valued at $20,001 or more shall receive 61% tax relief on the first $20,000 of value; d) All other vehicles which do not meet the definition of "qualifying" (business use vehicles, farm use vehicles, motor homes, etc.) will not be eligible for any form of tax relief under this program. Pursuant to authority conferred in Item 503.D of the 2005 State Appropriations Act, the County Treasurer shall issue a supplemental personal property tax bill in the amount of 100 percent of tax due without regard to any former entitlement to state PPTRA relief, plus applicable penalties and interest, to any taxpayer whose taxes wi th respect to a qualifying vehicle for tax year 2006 or any prior tax year remain unpaid on September 1, 2007, or such date as state funds for reimbursement of the state share of such bill have become unavailable, whichever occurs first. 07-341 04/11/07 e) Penalty and interest with respect to bills issued pursuant to this section shall be computed on the entire amount of tax owed. Interest shall be computed at the rate provided in Section 9-51 of the county code from the original due datE~ of the tax. Sec. 23 The County Administrator is authorized to reduce a department's current year budget appropriation by a dollar amount equal to the prior year's overspending inclusive of E~ncumbrances carried fontJard. - Sec. 24 Staff is authorized to make changes to FY2008 appropriations, including consolidating, separating or re-classifying appropriations in connection with the county's new financial system and its functionali ty. This section will not apply after FY2008. Sec. 25 The County Administrator is authorized to approve transfers between County and School capital projects as long as funding sources are consistent and the total net appropriation is not increased. This section will not apply after FY2008. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. Mr. Miller excused himself from the meeting. ,-' 8.B. CONSENT ITEMS 8 . B.l . APPRO:PRIATION AND ACCEPTANCE OF l~UNDS 8.B.l.a. FROM THE STATE WIRELESS 911 SERVICES BOARD FUNDS FOR THE EMERGENCY COMMUNICATIONS CENTER TO ADDRESS - - DEP;l\RTMENT NEEDS RELATED TO THl~ MOTOROLA RADIO SYSTEM On motion of Mr. Sowder, seconded by Mr. Warren, the Board appropriated $107,448 in state wirelesi:: 911 funds for the Emergency Communication Center to addrE~ss needs related to radio consoles and the automation of the Fire/EMS strategic planning board for dispatching Fire/EMS units. Ayes: Humphrey, King, Sowder and Warren. Nays: None" Absent: Miller. 8 .B.l.b. FROM THE VIRGINIA MENTAL HEALTH, MENTAL- RETARDATION, AND SUBSTANCE ABUSE SERVICES DEPARTMENT FOR THE CHESTERFIELD COMMUNITY SERVICES BOARD FOR A REGIONAL SUPPORTIVE PROGRAM FOR HOMELESS INDIVIDUALS WITH MENTAL ILLNESS On motion of Mr. Sowder, appropriated $450,000 in Department of Mental seconded by Mr. Warren, the Board additional funds from the State Health, Mental Retardation, and 07-342 04/11/07 Substance Abuse and established six temporary full time positions for the Chesterfield Community Services Board, county department of Mental Health Support Services to develop and temporari.ly provide clinical services for a regional supportive program for homeless individuals with mental illness. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8.B.2. ADOPTION OF RESOLUTIONS 8.B.2.a. RECOGNIZING THE WEEK OF APRIL 22-28, 2007, AS "ADMINISTRATIVE PROFESSIONALS WEEK" AND APRIL 25, 2007, AS "ADMINISTRATIVE PROFESSIONALS DAY" On motion of Mr. Sowder, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the work performed by administrative professionals plays an essential role in coordinating the office operations of businesses, government, educational institutions and other organizations; and WHEREAS, the work of administrative professionals today requires advanced knowledge and expertise in communications, computer software, office technology, project management, organization, customer service and other vital office management responsibilities; and WHEREAS, "Administrative Professionals annually in workplaces around the world important contributions of administrative is sponsored by the International Administrative Professionals (IAAP); and Week" is observed to recogni ze the support staff and Association of WHEREAS, the theme of Administrative Professionals Week 2007 is "Shaping the Future," reflecting how today's career- minded administrative professionals are handling increasingly advanced roles and looking toward the future by recognizing the importance of life-long learning. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the week of April 22- 28, 2007, as "Administrative Professionals Week" and Wednesday, April 25, 2007, as "Administrative Professionals Day" in Chesterfield County, saluting the valuable contributions of administrative professionals in the workplace, and calls on all employers to support continued training and development for administrative staff, recognizing that a well-trained workforce is essential for success in today's business world. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 07-343 04/11/07 8.B.2.b. RECOGNIZING APRIL 8-14, 2007, J~S "NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEKl1 On motion of Mr. Sowder, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS" responsible for general public assistance, animal Emergency Communications Officers are responding to the telephone calls of the for police, fire, emergency medical control and sheriff; and - WHEREAS" the officers are responsible for dispatching said assistance to help save the lives and property of our citizens; and WHEREAS" such calls include not only police, fire, emergency medical service, animal control and sheriff calls, but those 90vernment communications related to highway safety, various other acti vi ties, and many of the other communications operations which modern government agencies must conduct; and WHEREAS" Emergency Communications Officers daily serve the public in countless ways wi thout regard for recognition received for services rendered; and WHEREAS J' Emergency Communications Officers are more than a calm and reassuring voice, but are knowledgeable and highly trained individuals who work closely with other police, fire, medical personnel, animal control and sheriff personnel in the managemen.t of vi tal governmental communications and other services that affect the health and safety of our citizens; and - WHEREAS" the work of these "First Responders" is invaluable in emergency situations, and our citizens' health, safety, and well-being are often dependent on the commitment and devotion of Emergency Communications Officers; and WHEREAS J Emergency Communications Officers of the Chesterfield Emergency Communications Center work to improve the emergency response capabilities through their leadership and participation in training and other activities; and WHEREAS J' each Emergency Communications Officer has exhibited compassion, understanding and professionalism during the performance of their job in t:~le past year. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the week of April 8- 14, 2007, as "National Public Safety Telecommunications Week" in Chesterfield County, in honor of the men and women whose diligence and professionalism keep our county and citizens safe. ,-' Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 07-344 04/11/07 8.B.2.c. RECOGNIZING APRIL 2007, AS "FAIR HOUSING MONTH" On motion of Mr. Sowder, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Chesterfield County is proud to join the U.S. Department of Housing and Urban Development in celebrating the 39th anniversary of the Fair Housing Act of 1968; and WHEREAS, the 1968 Fair Housing Act guarantees the right of all Americans to dwell in the neighborhood of their choice, is one of the most important components of our national civil rights policy; and WHEREAS, even though this non-discriminatory policy is the law of the land, its proper enforcement requires the continued cooperation of all levels of government, the real estate and homebuilding industries and private citizens; and WHEREAS, throughout Chesterfield County, this spirit of cooperation is being provided through the efforts of our state, federal and local governments and with the support of countless community and nonprofit organizations; and WHEREAS, promoting equal housing opportunity is essential to our larger mission of promoting justice in all areas of life and for all citizens, and equal housing opportunity has a dramatic impact on school integration and the acceptance and understanding of ethic and racial diversity. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes April 2007, as "Fair Housing Month" in Chesterfield County and urges all citizens to join in creating and promoting fair housing opportunities for all people. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8.B.2.d. RECOGNIZING MR. JOHN M. BAILEY, UTILITIES DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Sowder, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Mr. John M. Bailey retired from Ches terfield County Utilities Department on April 1, 2007; and WHEREAS, Mr. Bailey began his public service with Chesterfield County on July 16, 1973 as a Draftsman for the -- Utilities Department in the Water and Sewer Section; and WHEREAS, Mr. Bailey was very instrumental in the design of the interior renovations for the first Utilities Department building in Chesterfield County; and WHEREAS, Mr. Bailey developed the first Cross Connection Control and Backflow Prevention Program for Chesterfield County in 1979; and 07-345 04/11/07 WHEREAS.. Mr. Bailey received his certification in the application and testing of backflow preventers and became the county's first Cross Connection Control Coordinator in 1980; and WHEREAS.. Mr. Bailey provided information to the Richmond Times-Dispatch Newspaper Company to promote public awareness regarding Backflow Prevention; and WHEREAS.. Mr. Bailey was Short School Instructor for School from 1984-1987; and a Virginia Military the Water Operator's Institute Training -' WHEREAS.. Mr. Bailey played a signif:_cant leadership role ln developing a regional committee consisting of the Counties of Chesterfield, Henrico, and Hanover and the City of Richmond, which developed into a statewide organization now known as the Virginia Cross Connection Control Association, of which he remains one of the founding members; and WHEREAS, Mr. Bailey was elected President of the Virginia Cross Connection Control Association for 1989; and WHEREAS, Mr. Bailey was nominated for the county's 1990 Employee of the Year representing the Utili ties Department; and WHEREAS J' in the first Fire Standards, which Virginia; and 1990, Mr. Bailey developed and implemented Systems/Double Check Assembly Design is now used throughout the State of WHEREAS J' Mr. Bailey was promoted to Senior Engineer for _ the Utilities Department's Development Section in 2003 and became responsible for all in-house water and wastewater designs; and WHEREAS, Mr. Bailey has throughout his career shared his knowledge through his involvement with the Virginia Section of the American Water Works Association, serving on commi ttees and presenting technical papers at conferences; and WHEREAS J Mr. leadership is well connection control Bailey by virtue of his known and respected in the and backflow prevention. expertise and field of cross NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mr. John M. Bailey and extends on behalf of its members and the citizens of Chesterfield County, appreciation for over 33 years of exceptional service to the county. Ayes: Humphrey, King, Sowder and Warren. Nays: None" Absent: MillE:!r. ..- 8.B.2.e. RECOGNIZING MS. JESSICA MARIE MCNl!:IL AND MS. BRITTANY ANN HEARST UPON ATTAINING THE GOLD AWARD On motion of Mr. Sowder, seconded by Mr. Warren, the Board adopted the following resolution: 07-346 04/11/07 WHEREAS, the Girl Scouts of the United States of America is an organization serving over 2.6 million founded to promote citizenship training development; and girls and and was personal WHEREAS, after earning four interest project patches, the Career Exploration Pin, the Senior Girl Scout Leadership Award, the Senior Girl Scout Challenge, and designing and implementing a Girl Scout Gold Award project; and WHEREAS, the Gold Award is the highest achievement award in Girl Scouting and sYmbolizes outstanding accomplishments in the areas of leadership, community service, career planning, and personal development; and WHEREAS, the Girl Scout Award can only be earned by girls aged 14-17 or in grades 9-12 and is received by less than six percent of those individuals entering the Girl Scouting movement; and WHEREAS, Ms. Jessica Marie McNeil and Ms. Brittany Ann Hearst, both of Troop 569, sponsored by Grace Lutheran Church, have accomplished these high standards and have been honored wi th the Girl Scouts of America Gold Award by the Commonwealth Girl Scout Council of Virginia; and - WHEREAS, growing through their experiences in Girl Scouting, learning the lessons of responsible citizenship, and priding themselves on the great accomplishments of their country, Jessica and Bri ttany are indeed members of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Ms. Jessica Marie McNeil and Ms. Brittany Ann Hearst, extends congratulations on their attainment of the Gold Award and acknowledges the good fortune of the county to have such outstanding young women as its citizens. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8.B.2.f. RECOGNIZING REVEREND PERNl!:LL JOHNSON, SENIOR PASTOR, FIRST BAPTIST CHURCH MIDLOTHIAN On motion of Mr. Sowder, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, First continuous black Virginia; and Baptist Church Midlothian is the oldest congregation in Chesterfield County, WHEREAS, First Baptist Church Midlothian was originally established on February 8, 1846 and joined the Middle District Baptist Association that same year; and WHEREAS, the congregation's first church was built on the property of the historic Grove Shaft Mines; and 07-347 04/11/07 WHEREAS, three years later, the church was destroyed by fire, and was rebuilt on the site of the old Winterfield race track, near the site of the present church; and WHEREAS, this building was moved to its present location in the late 19i1i or early 20ili century; and WHEREAS, at that time, the church's name was changed to First Baptist, and in ensuing years, sevl::!ral additions to the church were constructed; and -- WHEREAS, First Baptist Church Midlothian has been an important part of Chesterfield County's history for more than 160 years; and WHEREAS, Chesterfield County values the many contributions that churches make to quality of life for all our families in Chesterfield County; and WHEREAS, on May 20, 2007, Reverend Pernell Johnson will be installed as Senior Pastor of First Baptist Church Midlothian; and WHEREAS, the Ches terfield County Board of Supervisors extends best wishes to Reverend Pernell Johnson and his congregation on this important occasion. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, on behalf of all Chesterfield County residents, offers congratulations and best wishes to Reverend Pernell Johnson as he undertakes this exciting new ministry, and wishes him and First Baptist Church Midlothian continued success and fulfillment. - Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8.B.3. SET DATES FOR PUBLIC HEARING 8.B.3.a. TO CONSIDER AN ORDINANCE EXEMPTING APPLICANTS FOR RESIDENTIAL BUILDING PERMITS FROM PAYING BUILDING PERMIT FEES FOR THE CONSTRUCTION OF HANDICAP ACCESS RAMPS After brief discussion, on motion of Mr. Sowder, seconded by Mr. Warren, the Board set the date of May 23, 2007 at 6:30 p.m. for a public hearing for the Board to consider an ordinance exempting applicants for residential building permits from paying building permit fees for the construction of handicap access ramps. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. -- 07-348 04/11/07 8.B.3.b. TO CONSIDER AN ORDINANCE REPEALING SECTION 4-24 OF THE CODE OF THE COUNTY OF CHESTERFIELD REGARDING DANGEROUS AND VICIOUS DOGS On motion of Mr. Sowder, seconded by Mr. Warren, the Board set the date of April 25, 2007 at 6:30 p.m. for a public hearing for the Board to consider an ordinance repealing Section 4-24 of the County Code regarding control of dangerous or vicious dogs. - Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8.B.3.c. TO CONSIDER APPROVAL OF A CABLE FRANCHISE AGREEMENT WITH VERIZON VIRGINIA, INCORPORATED On motion of Mr. Sowder, seconded by Mr. Warren, the Board set the date of April 25, 2007 at 6: 3 0 p.m. for a public hearing for the Board to consider a cable franchise agreement with Verizon Virginia, Incorporated. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8.B.4. REQUEST FOR A MUSIC/ENTERTAINMENT FESTIVAL PERMIT FOR TEAM NATURE'S PATH/3 SPORTS CYCLING CLUB ON JULY 21 AND JULY 22, 2007 - On motion of Mr. Sowder, seconded by Mr. Warren, the Board approved a request from Team Nature's Path/3 Sports Cycling Club for a music/entertainment festival permit on July 21 and 22, 2007. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8.B.5. AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE A CHANGE ORDER TO THE MOSELEY ARCHITECTURAL DESIGN CONTRACT FOR THE JAIL REPLACEMENT PROJECT On motion of Mr. Sowder, seconded by Mr. Warren, the Board authorized the County Administrator to execute a change order to the Moseley Architectural Design Contract for the jail replacement project in the amount of $169,938, and transferred $100,000 from a public safety reserve account to the project. - Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8.B.6. STATE ROAD ACCEPTANCE On motion of Mr. Sowder, seconded by Mr. Warren, the Board adopted the following resolution: 07-349 04/11/07 WHEREAS, the streets recorded in the Clerk's Chesterfield County; and described below are shown on plats Office of the Circuit Court of WHEREAS, the Resident Engineer for Department of Transportation has advised streets meet the requirements establishE~d 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 _c the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of virginia, and the Department's ,Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that a clear and unrestricted right-of-way, necessary easements for cuts, fills and this Board guarantees as described, and any 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: Kings Grclve, Section 3 Tvpe Chanae to the Secondary Svstem of State Hiahwavs: Addition Basis for Change: New subdivision street Statutory Reference: ~33.1.229 . Kings Grove Drive, State Route Number: 7130 From: Bareback Tr., (Rt. 5864) To: Regal Grove Dr., (Rt. 7128), a distance of: 0,05 miles. Right of Way Record: Filed on 2/6/2006 in the Office of Clerk to Circuit Court, with a width of 44 feet. Recordation Reference: Pb. 162 Pg. 83 . Kings Grove Drive, State Route Number: 7130 From: Regal Grove Dr., (Rt. 7128) To: Temp EOM, a distance of: 0.08 miles. Right of Way Record: Filed on 2/6/2006 in the Office of Clerk to CirclJit Court, with a width of 44 feet. Recordation Reference: Pb. 162 Pg. 83 . Regal Grove Drive, State Route Number: 7128 From: Kings Grove Dr., (Rt. 7130) To: Regal Grove Ln., (Rt. 7129), a distance of: 0.06 miles. Right of Way Record: Filed on 2/6/2006 in the Office of Clerk to Circuit Court, with a width of 44 feet. Recordation Reference: Pb. 162 Pg. 83 Regal Grctve Drive, State Route Number: 7128 . ,-- From: Regal Grove Ln., (Rt. 7129) To: Temp EOM, a distance of: 0.11 miles. Right of Way Record: Filed on 2/6/2006 in the Office of Clerk to Circuit Court, with a width of 44 feet. Recordation Reference: Pb. 162 Pg. 83 . Regal Grclve Lane, State Route Number: 7129 From: Regal Grove Dr., (Rt. 7128) 07-350 04/11/07 To: Kings Grove Dr., (Rt. 7130), a distance of: 0.10 miles, Right of Way Record: Filed on 2/6/2006 in the Office of Clerk to Circuit Court, with a width of 44 feet. Recordation Reference: Pb. 162 Pg. 83 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 a clear and unrestricted right-of-way, necessary easements for cuts, fills and this Board guarantees as described, and any 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: Sedwick Village, Section A .~ Type ChanCle to the Secondary System of State HiClhwavs: Addition Basis for Change: New subdivision street Statutory Reference: i33.1-229 . Clemons Drive, State Route Number: 5950 From: 0.01 mi. W of Rolling Spring Dr., (Rt. 5946) To: Clemons Wy., (Rt. 7172). a distance of: 0.13 miles. Filed on 5/18/2004 in the Office of Clerk to Circuit Court, with a width of 44 feet. Recordation Reference: Pb. 143 Pg. 91 . Clemons Way, State Route Number: 7172 Right of Way Record: From: Clemons Dr., (Rt. 5950) To: Pipers Tr" (Rt. 7174), a distance of: 0,11 miles. Right of Way Record: Filed on 5/18/2004 in the Office of Clerk to Circuit Court, with a width of 44 feet. Recordation Reference: Pb. 143 Pg. 91 Pipers Terrace, State Route Number: 7174 . - From: Clemons Wy., (Rt. 7172) To: Cul-de-sac, a distance of: 0.03 miles. Right of Way Record: Filed on 5/18/2004 in the Office of Clerk to Circuit Court, with a width of 44 feet. Recordation Reference: Pb. 143 Pg. 91 . Pipers Terrace, State Route Number: 7174 From: Clemons Wy., (Rt. 7172) To: Cul-de.sac, a distance of: 0.05 miles. 07-351 04/11/07 Filed on 5/18/2004 in the Office of Clerk to Circuit Court, with a width of 44 feet. Recordation Reference: Pb. 143 Pg. 91 . Clemons Way, State Route Number: 7172 Right of Way Record: From: Clemons Dr., (Rt. 5950) To: Clemons Cr., (Rt. 7173), a distance of: 0,09 miles. Right of Way Record: Filed on 5/18/2004 in the Office of Clerk to Circuit Court, with a width of 44 feet. Recordation Reference: Pb. 143 Pg. 91 Clemons Circle, State Route Number: 7173 ~" . From: Clemons Wy., (Rt. 7172) To: Clemons Wy., (Rt. 7172), a distance of: 0.08 miles. Right of Way Record: Filed on 5/18/2004 in the Office of Clerk to Circuit Court, with a width of 132 feet. Recordation Reference: Pb. 143 Pg. 91 . Clemons 'Way, State Route Number: 7172 From: Clemons Cr., (Rt. 7173) To: Clemons Cr., (Rt. 7173), a distance of: 0.02 miles. Filed on 5/18/2004 in the Office of Clerk to Circuit Court, with a width of 44 feet. Recordation Reference: Pb. 143 Pg. 91 . Clemons 'Way, State Route Number: 7172 Right of Way Record: From: Clemons Cr., (Rt. 7173) To: Cul-de-sac, a distance of: 0.05 miles. Right of Way Record: . Filed on 5/18/2004 in the Office of Clerk to Circuit Court, with a width of 44 feet. Recordation Reference: Pb. 143 Pg. 91 Rolling SI)ring Drive, State Route Number: 5946 From: 0.01 mi. NW of Clemons Dr., (Rt. 5950) -' To: Temp EOM, a distance of: 0.04 miles. Right of Way Record: Filed on 5/18/2004 in the Office of Clerk to Circuit Court, with a width of 44 feet. Recordation Reference: Pb. 143 Pg. 91 And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of t~e Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for Department of Transportation has advised streets meet the requirements establishE~d 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 o~ Virginia, and the Department's Subdivision Street Requireml:!nts. '-' AND, BE IT FURTHER RESOLVED, that a clear and unrestricted right-of-way, necessary easements for cuts, fills and this Board guarantees as described, and any 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. 07-352 04/11/07 Project: The Woods at Summerford, Section B TYPe Chanae to the Secondary System of State Hiahwavs: Addition Basis for Change: New subdivision street Statutory Reference: ~33. 1-229 . Mahogany Drive, State Route Number: 7161 - From: 0.02 mi. N of Orchid Dr., (Rt. 5837) To: Mahogany Ct., (Rt. 7162), a distance of: 0.05 miles. Right of Way Record: Filed on 12/10/2004 in the Office of Clerk to Circuit Court, with a width of 50 feet. Recordation Reference: Pb. 150 Pg. 1 . Mahogany Court, State Route Number: 7162 From: Mahogany Dr., (Rt. 7161) To: Cul.de-sac, a distance of: 0.05 miles. Filed on 12/1 0/2004in the Office of Clerk to Circuit Court, with a width of 50 feet. Recordation Reference: Pb. 150 Pg. 1 . Mahogany Drive, State Route Number: 7161 Right of Way Record: From: Mahogany Ct., (Rt. 7162) To: Mahogany PI., (Rt. 7163), a distance of: 0.10 miles. Filed on 12/10/2004 in the Office of Clerk to Circuit Court, with a width of 50 feet. Recordation Reference: Pb. 150 Pg. 1 . Mahogany Place, State Route Number: 7163 Right of Way Record: From: Mahogany Dr., (Rt. 7161) To: Cul-de.sac, a distance of: 0.08 miles. Filed on 12/1 0/2004in the Office of Clerk to Circuit Court, with a width of 50 feet. Recordation Reference: Pb. 150 Pg. 1 . Mahogany Place, State Route Number: 7163 Right of Way Record: From: Mahogany Dr., (Rt. 7161) To: Summerford Dr., (Rt. 5255), a distance of: 0.05 miles. Filed on 12/1 0/2004in the Office of Clerk to Circuit Court, with a width of 51.5 feet. Recordation Reference: Pb. 150 Pg. 1 . Mahogany Drive, State Route Number: 7161 Right of Way Record: From: Mahogany PI., (Rt. 7163) To: Cul-de-sac, a distance of: 0.16 miles. Right of Way Record: Filed on 12/1 0/2004in the Office of Clerk to Circuit Court, with a width of 50 feet. Recordation Reference: Pb. 150 Pg. 1 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 07-353 04/11/07 NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that a clear and unrestricted right~of-way, necessary easements for cuts, fills and this Board guarantees as described, and any 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: The Woods at Summerford, Section C Type Chanae to the Seco,ndary System of State Hiahways: Addition Basis for Change: New subdivision street Statutory Reference: S33.1-229 . Orchid Drive, State Route Number: 5837 From: 0.02 mi. E of Orchid Tr., (Rt. 5839) To: Orchid Pl., (Rt. 7160), a distance of: 0.13 miles. Filed on 2/14/2003 in the Office of Clerk to Circuit Court, with a width of 50 feet. Recordation Reference: Pb. 132 Pg. 25 . Orchid Pliice, State Route Number: 7160 Right of Way Record: From: Orchid Dr., (Rt. 5837) To: Cul.cle-sac, a distance of: 0.04 miles. -- Right of Way Record: Filed on 2/14/2003 in the Office of Clerk to Circuit Court, with a width of 50 feet. Recordation Reference: Pb. 132 Pg. 25 . Orchid Drive, State Route Number: 5837 From: Orchid Pl., (Rt. 7160) To: Mahogany Dr., (Rt. 7161), a distance of: 0.08 miles. Right of Way Record: Filed on 2/14/2003 in the Office of Clerk to Circuit Court, with a width of 50 feet. Recordation Reference: Pb. 132 Pg. 25 . Mahoganlf Drive, State Route Number: 7161 From: Orchid Dr., (Rt. 5837) To: Cul-cle-sac, a distance of: 0.10 miles. Right of Way Record: Filed on 2/14/2003 in the Office of Clerk to Circuit Court, with a width of 50 feet. Recordation Reference: Pb. 132 Pg. 25 . Mahoganlf Drive, State Route Number: 7161 From: Orchid Dr., (Rt. 5837) To: 0.02 mi. N of Orchid Dr., (Rt. 5837), a distance of: 0.02 miles. Right of Way Record: Filed on 2/14/2003 in the Office of Clerk to Circuit Court, with a width of 50 feet. Recordation Reference: Pb. 132 Pg. 25 .~.' Ayes: Nays: Absent: Humphrey, None. Miller. King, Sowder and Warren. 07-354 04/11/07 8 . B. 7 . AWARD OF CONTRACTS 8.B.7.a. TO SUPER TRAP, INCORPORATED FOR REPLACEMENT OF THE EXISTING BULLET TRAP AT THE ENON PUBLIC SAFETY TRAINING CENTER AND TRANSFER FUNDS FOR THE ENTIRE PROJECT -- On motion of Mr. Sowder, seconded by Mr. Warren, the Board authorized the County Administrator to execute a contract with Super Trap, Incorporated, in the amount of $185,333, for the replacement of the bullet trap at the Enon Public Safety Training Center Firing Range, and transferred $400,000 from a public safety reserve account to establish total project funding, inclusive of the above, plus other environmental upgrades as outlined in the papers of this Board. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8.B.7.b. TO ACA ARCHITECTS FOR THE DESIGN OF HARROWGATE ROAD FIRE STATION NUMBER 21 On motion of Mr. Sowder, seconded by Mr. Warren, the Board authorized the County Administrator to execute a phased contract with ACA Architects, for the design of Harrowgate Road Fire Station Number 1, in the amount of $387,645. (It is noted Phase 1 will be for $261,920 using currently available CIP funding, and phase 2 will be for $125,725 using FY2008 CIP funding available in July 2007.) - Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8.B.8. REQUESTS FOR PERMISSION 8.B.8.a. FROM WILLIAM E. CROXTON, SR. AND WILLIAM E. CROXTON, JR. TO INSTALL A PRIVATE SEWER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPOSED LOT 2, RAYON PARK, A RESUBDIVISION OF LOTS 1 AND 2, AND 19 THROUGH 21, BLOCK 15, AND LOTS 23 THROUGH 27, BLOCK F On motion of Mr. Sowder, seconded by Mr. Warren, the Board approved a request from William E. Croxton, Sr. and william E. Croxton, Jr. for permission to install a private sewer service wi thin a private easement to serve proposed Lot 2, Rayon Park, a Resubdivision of Lots 1 and 2, and 19 through 21, Block 15, and Lots 23 through 27, Block F, 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: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 07-355 04/11/07 8 . B . 8 . b. FROl~ WENDY CONLEY WRIGHT FOR A PROPOSED WOODEN DECK TO ]I!:NCROACH WITHIN A SIXTEEN-FOOT SEWER EASEMENT ACROSS LOT 47, KRIM POINT AT THE GROVE, SECTION 1 On motion of Mr. Sowder, seconded by Mr. Warren, the Board approved a request from Wendy Conley Wright for permission for a proposed wooden deck to encroach within a 16-foot sewer easement across Lot 47, Krim Point At The Grove, Section 1, subj ect to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) -' Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8 . B. 9 . ACCEP'rANCE OF PARCELS OF LAND 8. B. 9. a. ALOlt-JG CHARTER COLONY PARKWAY, CENTERPOINTE PARKWAY AND POWHITE PARKWAY FROM RIVERf~TONl!: PROPERTIES, LLC On motion of Mr. Sowder, seconded by Mr. Warren, the Board accepted the conveyance of six parcels of land, containing a total of 11.542 acres, along Charter Colony Parkway, Centerpointe Parkway and powhite Parkway from Riverstone Properties, LLC, and authorized the County Administrator to execute the deed. (It is noted copies of the plats are filed wi th the papers of this Board.) Ayes: Humphrey, King, Sowder and Warren. Nays: None" Absent: Miller. -- 8 . B. 9 . b. ALONG CHARTER COLONY PARKWAY AND FOR THE EXTENSION OF :BRANDERMILL PARKWAY FROM GC REAL ESTATE CORPORATION On motion of Mr. Sowder, seconded by Mr. Warren, the Board accepted the conveyance of five parcels of land, containing a total of 3.446 acres, along Charter Colony Parkway and for the extension of Brandermill Parkway from GC Real Estate Corporation, and authorized the County Administrator to execute the deed. (It is noted copies of the plats are filed wi th the papers of this Board.) Ayes: Humphrey, King, Sowder and Warren. Nays: None" Absent: Miller. 8 . B . 9 . c . ALO:t-JG THE SOUTH RIGHT OF WAY LJCNl!: OF LUCKS LAN]!: FROlM COMMONWEALTH FOUNDATION FOR CANCER RESEARCH On motion of Mr. Sowder, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land, containing 0.744 acres, along the south right of way line of Lucks Lane (State Route 720) from Commonwealth Foundation for Cancer Research, 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: Humphrey, King, Sowder and Warren. Nays: None" Absent: Miller. 07-356 04/11/07 8 . B. 9 . d. ADJACENT TO THE WEST RIGHT OF WAY LINl!: OF WINTERFIELD ROAD FROM WINTERVEST, LLC On motion of Mr. Sowder, seconded by Mr. Warren, the Board accepted the conveyance of two parcels of land, containing a total of 0.342 acres, adjacent to the west right of way line of Winterfield Road from Wintervest, LLC, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8.B.9.e. ALONG CHARTER COLONY PARKWAY FROM BON SECOURS-SAINT FRANCES MEDICAL CENTER, INCORPORATED On motion of Mr. Sowder, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land, containing 0.292 acres, along Charter Colony Parkway from Bon Secours-Saint Frances Medical Center, Incorporated, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8.B.l0. CONVEYANCE OF AN EASEMENT TO VIRGINIA ELECTRIC AND POWER COMPANY FOR INSTALLATION OF AN UNDERGROUND CABLE ACROSS COUNTY PROPERTY FOR THE RELOCATION OF A TRANSFORMER AT BON AIR ELEMENTARY SCHOOL On motion of Mr. Sowder, seconded by Mr. Warren, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company to install underground cable across county property for the relocation of a transformer at Bon Air Elementary School to allow for the construction of the Administrative and Arts wing, subject to the quitclaim of the existing easement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 8.B.ll. REQUEST TO QUITCLAIM A PORTION OF A SIXTEEN-FOOT WATER EASEMENT ACROSS THE PROPERTY OF DOMINION HOSPITALITY, LLC - On motion of Mr. Sowder, seconded by Mr. Warren, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a 16-foot water easement across the property of Dominion Hospitality, LLC. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. 07-357 04/11/07 8.B.12. REQUJ~ST FOR A PERMIT TO STAGE A FIREWORKS DISPLAY AT THE CHESTERFIELD COUNTY FAIRGROtnlDS ON JULY 4, 2007 On motion of Mr. Sowder, seconded by Mr. Warren, the Board approved a permit to stage a fireworks display at the Chesterfield County Fairgrounds on July 4, 2007, with no rain date. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. -' 9 . REPORTS 9 . A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS 9.B. REPORT ON STATUS OF GENERAL FUND B1lliANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES On motion of Mr. King, seconded by Mr. Warren, 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: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. -- 10. FIFTEEN-1M:INUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS No one had requested to address the Board at this time. 11. DINNER On motion of Mrs. Humphrey, seconded by Mr. King, the Board recessed to the Administration Building, Room 502, for dinner until 7: 00 p.m. because of the lengthy afternoon session, rather than 6:30 p.m., as indicated in the agenda. Ayes: Humphrey, King, Sowder and Warren. Nays: None. Absent: Miller. Reconvening: Mr. Miller returned to the meeting. '- 12 . INVOCATJ:ON Reverend Luke Farwell, Pastor of Rivermont Presbyterian Church gave the invocation. 07-358 04/11/07 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Alexander Pless led the Pledge of Allegiance to the flag of the United States of America. 14. RESOLUTIONS - 14.A. RECOGNIZING THE 130TH ANNIVERSARY OF THE BON AIR COMMUNITY Mr. Kappel introduced Len and Robin Tuck, Bill and Sue Hoerter, Ms. Suzanne Loehr, Jack and Alois Ellis, Mr. Wally Hudgins, Marvin and Emily Boots, Ms. Cheryl Hudson and Ms. Ginny McDaniel, members of the Bon Air Historical Society, who were present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Chesterfield County, Virginia is proud of its long and illustrious history, which includes thousands of years of Virginia Indian tribes' history; the establishment of the second successful English settlement in the New World at the 1611 Citie of Henricus; and many other notable events; and WHEREAS, among these other notable historic events was the chartering of the Bon Air Land and Improvement Company in June 1877, which was the beginning of the historic Bon Air community that is still thriving today; and WHEREAS, one of the founders of Bon Air was Colonel Algernon S. Buford, who was among the first investors and officers in the Bon Air Land and Improvement Company; and WHEREAS, Colonel Buford also became president of the 140-mile Richmond and Danville Railroad in September of 1865; and WHEREAS, around 1875, Colonel Buford purchased a large tract of land known as the old Anderson Edwards plantation; and WHEREAS, he also helped in the redevelopment of Brown's Summit, which was renamed Grand Summit, and eventually, Bon Air; and WHEREAS, in the 19th century, Bon Air (meaning "Good Air, ") offered Richmonders a higher elevation than that of the city, and a prevailing belief was that the Bon Air area offered a more healthful atmosphere, particularly in the hot summer months; and ~ WHEREAS, Bon Air was thus founded as a summer resort easily accessible from Richmond by railroad; and WHEREAS, other Richmond and involved in the development of Thomas Logan, Andrew Talcott, Talcott; and Danville Railroad officials Bon Air included General and Thomas Mann Randolph 07-359 04/11/07 WHEREAS, the Bon Air community grew in the becoming a middle-class neighborhood of more residents by the time of the 2000 census; and 20th century, than 16,000 WHEREAS, a central designated as a National Victorian homes and other early 20~ centuries; and portion of Bon Air has been Historical District due to its structures from the late 19th and WHEREAS, it is appropriate to recognize the 130th anniversary of this proud community's founding. - NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 11th day of April 2007, publicly recognizes the his toric Bon l~.ir community on the occasion of its 130th anniversary, and extends bE=st wishes to the Bon Air Historical Society for a successful Victorian Day Festival and Celebration on May 12, 2007, along with best wishes for continued prosperity and success for the Bon Air community. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. Mr. Sowder lpresented the executed resolution to Mr. Tuck, accompanied by members of the Bon Air Historical Society, and stated the Bon Air community holds a very important place in the county's history. He congratulated the members of the Bon Air Historical Society and wished them success with this year's Victorian Day Celebration. Mr. Tuck expressed appreciation to the Board recognition, on behalf of the members of the Historical Society and the citizens of Bon Air. for Bon the Air - 14 . B. RECOGN'IZING THE PROVIDENCE GOLF CJ[,UB FOR ATTAINING 4 -1/2 '-STAR STATUS IN GOLF DIGEST I:S READER RANKING OF - - GOLF COURSES Mr. Kappel introduced Mr. Tommy Adams, who was present to receive the resolution. On motion of the Board, the following re::wlution was adopted: WHEREAS, Chesterfield County is well known as a great place in which to live, work and play; and WHEREAS, Chesterfield County government offers many outstanding recreational opportunities for its residents and visitors; and WHEREAS, there are many private--sector recreational opportunities also available; and -.-/ WHEREAS, a favorite recreational Providence Golf Club; and offering is the WHEREAS, approximately 20,000 readers of Golf Digest voted to rate various golf courses for value for the money, standard of service, condition of the course, normal pace of play for 18 holes, and the overall golf 12xperience; and 07-360 04/11/07 WHEREAS, Providence Golf Club's course was awarded 4-1/2 stars, making it one of only 14 in Virginia to receive an award as one of Virginia's "Best Places to Play;" and WHEREAS, this award marks the Providence Golf Club's second consecutive year of earning the 4-1/2-star rating; and - WHEREAS, this designation reflects well on all of Chesterfield County and serves to attract visitors, with the positive economic benefits that tourism brings to the county and the region. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 11th day of April 2007, publicly recognizes Providence Golf Club for its successful attainment, once again, of 4-1/2-star status in Golf Digest's reader ratings, extends congratulations on behalf of all Chesterfield County residents, and offers best wishes for continued success. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. Mr. Warren presented the executed resolution to Mr. Adams and congratulated him on the success of Providence Golf Club. Mr. Adams expressed appreciation to the Board for the recognition and also to the staff of Providence Golf Club for their dedication. - 14 . C. RECOGNIZING MR. ALEXANDER RICHARD PLESS UPON ATTAINING THE RANK OF EAGLE SCOUT Mr. Kappel introduced Mr. Alexander Pless, who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and - WHEREAS, Mr. Alexander Richard Pless, Troop 810, sponsored by Church of the Epiphany, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in 07-361 04/11/07 society, Alex has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 11th day of April 2007, publicly recognizes Mr. Alexander Richard Pless, extends congratulations on his attainment of Eagle Scout, and acknowledges the good fortune of the county to have such an outstanding young man as one of its citizens. -' Ayes: Miller" Humphrey, King, Sowder and Warren. Nays: None. Mr. Warren presented the executed resolution and a patch to Mr. Pless, accompanied by his parents and scoutmaster, congratulated him on his outstanding acl~"ievement, and wished him well in his future endeavors. Mr. Pless provided details of his Eagle Scout project. 15. PUBLIC HEARINGS 15.A. TO CONSIDER A RESOLUTION AUTHORIZ:rNG AND PROVIDING FOR THE ISSUANCE, SALE AND DELIVERY Olr UTILITY WATER AND SEWER REVENUE BONDS, SERIES 2007 Mr. Carmody stated this date and time h.::iS been advertised for a public hearing for the Board to consider a resolution authorizing and providing for the issuance, sale and delivery of utility water and sewer revenue bonds, Series 2007. - Mr. Miller ci'llled for public comment. NO one came forward to speak to the lSSUE:~. On motion of Mr. King, seconded by JYIr. warn~n, the Board adopted the following resolution, which 1) authorizes and provides for the issuance, sale and delivery of up to a maximum aggregate principal amount of ~;;53, 000,000 of Utility Water and Sewer Revenue Bonds, Series 2007, and 2) declares the official intent of the county (wi thin the meaning of federal regulations) to reimburse itself from the proceeds of the utility :revenue bonds for expenditures made with respect to the proj E~ctS prior to the issuance and receipt of the proceeds: COUNTY OF CHESTERFIELD, VJ:RGINIA EIGHTH SUPPLEMENTAL BOND RESOLUTION AUTHORIZING AND PROVIDING FOR ~rHE ISSUANCE, SALE AND DELIVERY OF NOT TO EXCEED $53,000,000 AGGREGATE PRINCIPAL AMOUNT OF WATER AND SEWER REVENUE BONDS, SERIES 2007, OF THE COUNTY OF CHESTERFIELD, VIRGINIA, AND DELEGATING TO THE COUNTY ADMINISTRATOR CERTAIN POWERS WITH RESPECT THERETO -- WHEREAS, on July 24, 1985, the Board of Supervisors (the "Board") of the County of Chesterfield, Virginia (the "County"), duly adopted a resolution, entitled "RESOLUTION OF 07-362 04/11/07 THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, AUTHORIZING THE ISSUANCE OF WATER AND SEWER REVENUE BONDS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, AND PROVIDING FOR THE SECURITY OF THE HOLDERS THEREOF" (hereinafter referred to as the "Bond Resolution"), as amended and supplemented, authorizing the issuance of the "County of Chesterfield, Virginia, Water and Sewer Revenue Bonds" (hereinafter referred to as the "Bonds"); and WHEREAS, the Board has determined that it is advisable for the County to authorize the issuance, sale and delivery of an issue of Bonds to be issued under and pursuant to the Bond Resolution in the aggregate principal amount of not to exceed $53,000,000 to be designated as the "County of Chesterfield, Virginia, Water and Sewer Revenue Bonds, Series 2007" (hereinafter defined as the "2007 Bonds") to finance a portion of the Costs of Construction of the 2007 Expansion (as hereinafter defined); NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: ARTICLE I DEFINITIONS SECTION 1.1. Definitions. Unless the context shall clearly indicate some other meaning, all the words and terms used in this Eighth Supplemental Bond Resolution which are defined in Article I of the Bond Resolution shall, for the purposes of this Eighth Supplemental Bond Resolution, have the respective meanings given to them in the Bond Resolution. Unless the context shall clearly indicate some other meaning, the following terms shall, for all purposes of the Bond Resolution and of any certificate, resolution or other instrument amendatory thereof or supplemental thereto (including for all purposes of this Eighth Supplemental Bond Resolution) and for all purposes of any opinion or instrument or other document therein mentioned, have the following meanings, with the following definitions to be equally applicable to both the singular and plural forms of such terms and vice versa: "Bond Resolution" shall mean the resolution duly adopted by the Board on July 24, 1985, entitled "RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, AUTHORIZING THE ISSUANCE OF WATER AND SEWER REVENUE BONDS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, AND PROVIDING FOR THE SECURITY OF THE HOLDERS THEREOF". "1986 Code" shall mean the Internal Revenue Code of 1986 and the regulations promulgated by the United States -- Department of the Treasury thereunder from time to time. "Eighth Supplemental Bond Resolution" shall mean this Eighth Supplemental Bond Resolution. "Trustee" shall mean The Bank of New York, New York, as Trustee under the Bond Resolution. "2007 Bonds" shall mean the Bonds authorized by this Eighth Supplemental Bond Resolution and issued under the Bond 07-363 04/11/07 Resolution and this Eighth Supplemental Bond Resolution at any time Outstanding. "2007 Expansion" shall mean the extensions, additions and capital improvements to, and the renewal and replacement of capital assets of, and the purchasing and installation of new equipment for, the System a portion of the Costs of Construction of which shall be financed from the proceeds of the 2007 Bonds, including, without limitation, tanks, pump station, water lines and related facilities to expand the public utility system. -" Unless the context shall clE~arly indicate otherwise or otherwise rE~quire (i) all referencE~s in this Eighth Supplemental Bond Resolution to the Bond Resolution (without specifying in such references any particular article, section or subsection of the Bond Resolution) shall be to the Bond Resolution as supplemented and amended, (ii) all references by number in this Eighth Supplemental Bond Resolution to a particular article or section of the Bond Resolution shall be to the article, section or subsection of that number of the Bond Resolution, and if such article, section or subsection shall have been supplemented or amendE~d, to such article, section or subsection as so supplemented or amended and (iii) all references by number in this Eighth Supplemental Bond Resolution to a particular article, section or subsection of the Eighth Supplemental Bond Resolution shall be only to the article, section or subsection of that number of this Eighth Supplemental Bond Resolution. Whenever used in this Eighth Supplemental Bond Resolution, the words "herein'" , "hereinbefore" , "hereinafter", "hereof", "hereunder" and other words of -" similar import, refer to this Eighth Supplemental Bond Resolution only and to this Eighth Supplemental Bond Resolution aB a whole and not to any particular article, section or subdivision hereof, and the words "therein", "thereinbefore", "thereof", "thereunder'" and other words of similar import, refer to the Bond Resolution as a whole and not to any particular article, section or subdivision thereof. ARTICLE II }'~THORIZATION OF ISSUANCE ~) APPROVAL OF SALE OF 2007 BOND,S SECTION 2.1. Authorization of Issuance of 2007 Bonds. (a) For the purposes of providin9 funds (i) for the deposit into the Debt Service Reserve Fund held by the Trustee of the amount specified in Section 2.6(a) of this Eighth Supplemental Bond Resolution, and (ii) for deposit to the Cons truction Fund held by the Treasurer for credi t to the Construction Account of a portion of the Costs of -" Construction of the 2007 Expansion of the amount specified in Section 2.6 (b) of this Eighth Supplemental Bond Resolution, there are hereby authorized to be issued, and shall be issued, under and secured by the Bond Resolution, including this Eighth Supplemental Bond Resolution, an issue of Bonds in the ag~rregate principal amount of not to exceed $53,000,000, to be designated as the "County of Chesterfield, 07-364 04/11/07 Virginia, Water and Sewer Revenue Bonds, Series 2007" (herein defined and referred to as the "2007 Bonds"). (b) The 2007 Bonds shall be dated the date of their delivery, shall be issued in fully registered form, shall be in the denomination of $5,000 or any integral multiple thereof and shall be numbered or lettered, or both, as shall be determined by the Trustee, which numbers or letters shall have the letter "R" prefixed thereto. The 2007 Bonds shall mature and become due and payable on such date or dates not exceeding forty (40) years from their date and in such principal amounts on each such date as shall be determined by the County Administrator, and shall bear interest from their date at the rates per annum determined by the County Administrator, payable on November 1, 2007 and semiannually on each May 1 and November 1 thereafter. (c) Subj ect to the provisions of Section 2.3 hereof, principal of each 2007 Bond shall be payable to the registered owner thereof at the principal office of the Trustee upon presentation and surrender of such 2007 Bond. Subject to the provisions of Section 2.3 hereof, interest on each 2007 Bond shall be paid by the Trustee as Paying Agent for the 2007 Bonds to the registered owner thereof as shown on the books of registry maintained by the Trustee as Registrar for the 2007 Bonds, as of the close of business on the fifteenth (15th) day of the calendar month next preceding each interest paYment date, by check or draft mailed to such registered owner or, upon the request of the registered owner of more than $1,000,000 principal amount of the 2007 Bonds, by wire transfer. (d) Subj ect to the provisions of Section 2.3 hereof, the 2007 Bonds shall be exchangeable for other 2007 Bonds in fully registered form, all as provided in Section 3.3 of the Bond Resolution. The 2007 Bonds may contain such variations, omissions and insertions as are incidental to such differences in their numbers, denominations and forms. (e) The Trustee is hereby appointed as the Registrar and the Paying Agent for the 2007 Bonds. SECTION 2.2. Redemption of 2007 Bonds. Subject to the provisions of Section 2.5 hereof, the 2007 Bonds shall be subject to optional and mandatory redemption prior to their stated maturities upon such terms and conditions as shall be determined by the County Administrator. (b) (i) Notice of the redemption of any 2007 Bonds shall be given in accordance with the provisions of Section 6.5 of the Bond Resolution. ......... (ii) If less than all the 2007 Bonds of a maturity are to be redeemed, the Bonds of such maturity to be redeemed shall be selected as provided in Section 6.4 of the Bond Resolution. (iii) Any redemption of 2007 Bonds shall have the effect as is provided in Section 6.6 of the Bond Resolution. SECTION 2.3. Execution and Form of 2007 Bonds; Book-Entry-Only System. The 2007 Bonds shall be executed and 07-365 04/11/07 authenticated in the manner and wi th thE~ effect set forth in Section 3.10 of the Bond Resolution. (b) The 2007 Bonds shall be issuable in the form, denominations and maturities and with the interest rates specified in, or determined in accordance with the provisions of, Section 2.1 of this Eighth Supplemental Bond Resolution. (c) the 2007 par t 0 f thereby or any account CUSIP identification numbers shall be printed on Bonds, but such numbers ;shall not be deemed to be a the 2007 Bonds or a part of the contract evidenced and no liability shall hereafter attach to the County of the officers or agents thereof because of or on of such CUSIP identification numbers. -' (d) ThE~ 2007 Bonds shall be issued, upon initial issuance, in fully registered form and r'2gistered in the name of Cede & Co., as nominee of The Deposi tory Trust Company, New York, NelllT York ("DTC"), as rE=gistered owner of the 2007 Bonds, and :~mmobilized in the custody of DTC. One fully registered 2007 Bond for the principal amount of each maturi ty shall be registered to CE!de & Co. Beneficial owners of 2007 Bonds shall not receive physical delivery of 2007 Bonds. Individual purchases of 2007 Bonds may be made in book-entry form only in principal amounts of $5,000 and integral multiples thereof. Principal and interest paYments on the 2007 Bonds shall be made by wirl2 transfl2r to DTC or its nominee as registered owner of such 2007 Bonds on the applicable payment date. Transfers of principal and interE::!st paYments to the participants of DTC, which include securities brokers and dealers, banks, trust companies, clearing corporations and - certain other organizations (the -Participants") shall be the responsibili ty of DTC. Transfer::: of principal and interest paYments to beneficial owners of the 2007 Bonds by the Participants is the responsibility of the Participants and other nominees of such beneficial owners. The 'Trustee shall notify DTC of any notice required to be <given pursuant to the Bond Resolution, as supplemented by this Eighth Supplemental Bond Resolution, not less than fifteen (15) calendar days prior to the date upon which such notice is required to be given; provided that the failure to provide such notice to DTC shall not invalidate any action takEm or notice given by the Trustee hereunder. Transfers of ownership interests in the 2007 Bonds shall be made by D'rc and its Participants, acting as nominees of the beneficial owners of the 2007 Bonds, in accordance with rules specified by DTC and its Participants. The Trustee makes no assurances that DTC, its Participants or other nominees of the beneficial owners of the 2007 Bonds shall act in accordance with such rules or on a timely basis. (e) Replacement 2007 Bonds (the "Replacement 2007 Bonds") shall be issued directly to beneficial owners of 2007 Bonds rather than to DTC, or its nominee, but only in the event that: -.../ (i) DTC determines not to continue to act as securities depository for the 2007 Bonds; or 07-366 04/11/07 (ii) The Trustee has advised DTC of its determination that DTC is incapable of discharging its duties; or (iii) The Trustee has determined that it is in the best interest of the beneficial owners of the 2007 Bonds not to continue the book-entry system of transfer. Upon occurrence of the events described in clause (i) or (ii) above the Trustee shall attempt to locate another qualified securities depository. If the Trustee fails to locate another qualified securities deposi tory to replace DTC, the Trustee shall execute and deliver Replacement 2007 Bonds substantially in the form set forth in Exhibi t A attached hereto to the Participants. In the event the Trustee makes the determination noted in clause (ii) or (iii) above (the Trustee undertakes no obligation to make any investigation to determine the occurrence of any events that would permit the Trustee to make any such determination) and has made provisions to notify the beneficial owners of 2007 Bonds by mailing an appropriate notice to DTC, the Trustee shall execute and deliver Replacement 2007 Bonds substantially in the form set forth in Exhibit A attached hereto to any Participants making a request for such Replacement 2007 Bonds. The Trustee shall be entitled to rely on the records provided by DTC as to the Participants entitled to receive Replacement 2007 Bonds. Principal of and interest on the Replacement 2007 Bonds shall be payable as provided in Section 2.1(c) hereof, and such Replacement 2007 Bonds will be transferable and exchangeable in accordance with Sections 3.3 through 3.6, inclusive, of the Bond Resolution. (f) The 2007 Bonds shall be in substantially the form set forth in Exhibit A attached hereto. SECTION 2.4. Preparation and Distribution of Preliminary Official Statement and Preparation, Execution and Delivery of Official Statement; Preliminary Official Statement "Deemed Final" for Purposes of Rule 15c2-12 of the Securi ties and Exchange Commission. (a) The County Administrator and other appropriate officials and employees of the County are hereby authorized and directed to prepare and distribute or disseminate, or cause to be prepared and distributed or disseminated, to prospective purchasers of the 2007 Bonds a Preliminary Official Statement relating to the 2007 Bonds (the "Preliminary Official Statement"). All actions taken by the officials, employees, agents and attorneys of the County with respect to the preparation and distribution or dissemination of such Preliminary Official Statement prior to the date hereof are hereby approved, ratified and confirmed. 07-367 04/11/07 (b) ThE~ County Administrator and other appropriate officials and employees of the County are hereby authorized and directed to prepare, or to cause to be prepared, an Official Statement relating to the 2007 Bonds (the "Official Statement"), such Official Statement to be in substantially the form of the Preliminary Official Statement with the completion therein of the information with reBpect to the interest ratl2s to be borne by the 2007 Bonds as specified by the successful bidder for the 2007 Bonds and other definitive details of the 2007 Bonds determined upon the sale of the 2007 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 2007 Bonds the Official Statement relating to the 2007 Bonds in accordance with the provisions of the Detailed Notice of Sale relating to the 2007 Bonds. (d) The Preliminary Official State:ment shall be "deemed final" as of its date for purposes of Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934 ("Rule 15c2-12") except for the omission of certain information permitted to be omitted by Rule 15c2-12. The County Administrator is hereby authorized to execute and deliver to the representative of the purchasers of the 2007 Bonds a certificate dated the date of the Preliminary Official Statement stating that the Preliminary Official Statement is "deemed final" as of its date by the County for- purposes of Rule 15c2-12. SECTION 2.5. Sale of 2007 Bonds. (a) There is hereby delegated to the County Administrator- authority, without further action by the Board, to sell the 2007 Bonds authorized for issuance under this Eighth Supplemental Bond Resolution in accordance with the provisionB hereof at competitive sale at not less than 99% of the principal amount thereof and on such other terms and condi tions as shall be provided in the Detailed Notice of Sale relating' to the 2007 Bonds. The County Administrator is hereby authorized to cause to be published and distributed a Detailed Notice of Sale relatin';j to the 2007 Bonds in such form and containing such terms and conditions as he may deE~m advisable, subject to the provisions hereof. In lieu of publishing the full text of the Detailed Notice of Sale relating to the 2007 Bonds in accordance wi th the provisions of the immediately preceding s'2ntence, the County Administrator is hereby authorized to cause a Summary Notice of Sale of the 2007 Bonds in such form as the County Administrator shall approve to be published in The Bond Buyer on a date selected by the County Administrator and is hereby further authorized to cause to be prepared and distributed a DetailE~d Notice of Sale relating to the 2007 Bonds. (b) The County Administrator is hereby authorized to receive bids for the purchase of the 2007 Bonds and, without further action by the Board, to accept the bid offering to purchase the 2007 Bonds at the lowest true interest cost to the County, computed in accordance with the provisions of the Detailed Notice of Sale; provided (i) that such bid is accompanied by a surety bond meeting the conditions specified in the Detailed Notice of Sale relating to the 2007 Bonds and is otherwise in conformity with such Detailed Notice of Sale, 07-368 04/11/07 -' '- ---".C (ii) the true interest cost to the County as specified in such bid is not in excess of six percent (6.00%) and (iii) the premium payable upon the redemption of the 2007 Bonds shall not exceed two percent (2.00%). ...-. (c) The County Administrator, the Director of Accounting and the County Attorney are hereby authorized to execute and deliver to the purchasers of the 2007 Bonds one or more certificates in the forms provided for ln the Official Statement relating to the 2007 Bonds. SECTION 2.6. Application of Proceeds of 2007 Bonds. The proceeds of sale of the 2007 Bonds recei ved by the County, together with other available moneys of the County, shall be applied as follows: (a) an amount, less other available moneys in the Debt Service Reserve Fund, equal to the Debt Service Reserve Requirement for the 2007 Bonds shall be deposited with the Trustee in the Debt Service Reserve Fund in accordance with the provisions of the Bond Resolution and Section 2.10 of this Eighth Supplemental Bond Resolution; and (b) the balance of the proceeds of the 2007 Bonds shall be deposited into the Construction Fund held by the Treasurer for credit to the Construction Account therein. In connection with the issuance and delivery of the 2007 Bonds, there may also be paid from the proceeds of the 2007 Bonds or other available moneys of the County, including moneys held by the Trustee under the Bond Resolution, such amount as shall be required to be paid to First Union National Bank, as the Provider (the "Provider"), under the Debt Service and Debt Service Reserve Forward Delivery Agreement, dated as of March 16, 2001 (the "Forward Delivery Agreement"), by and between the Trustee and the Provider, to have the Forward Delivery Agreement continue in effect and to apply to the 2007 Bonds. SECTION 2.7. Investment of Funds and Accounts Under the Bond Resolution. In accordance with Section 5.11(c) (ii) of the Bond Resolution, it is hereby provided that all income or interest earned and gains realized in excess of losses suffered by a Fund or Account held by the Trustee or the Treasurer under the Bond Resolution and allocable to the 2007 Bonds due to the investment thereof shall be deposited into the Rebate Fund to the extent required to enable the County to comply with the arbitrage rebate requirements of the 1986 Code and, after any such deposit into the Rebate Fund, into the Revenue Fund as Revenues of the System. SECTION 2.8. Conditions Precedent to Delivery of 2007 Bonds. In compliance with the condi tions precedent to the delivery of the 2007 Bonds prescribed in Section 2.4 of the Bond Resolution, the 2007 Bonds shall be delivered only upon receipt by the Trustee of: (a) a copy of this Eighth Supplemental Bond Resolution authorizing the 2007 Bonds, certified by the Clerk of the Board or an Authorized Officer of the County, by which or pursuant to which the terms of the 2007 Bonds are specified, which Eighth Supplemental Bond Resolution contains findings and determinations of the Board that no default exists in the 07-369 04/11/07 payment of the principal of or interest and premium, if any, on any Bond, and that all mandatory redemptions, if any, of Bonds required to have been made under the terms the Bond Resolution or any Supplemental Resolution shall have been made; (b) a Bond Counsel's Opinion to the effect that (i) this Eighth ;Supplemental Bond Resolution has been duly and lawflllly ado:pted and is in full force and effect, (ii) the Bond Resolution has been duly and lawfully adopted by the County and is valid and binding upon, and enforceable against, the County (except to the extent that the enforceability thereof may be subject to judicial discretion, to the exercise of the sovereign police powers of the Commonwealth of Virginia and the constitutional powers of the United States of America and to valid bankruptcy.. insolvency, reorganization, moratorium and other laws a1Efecting the relief of d,=btors), (iii) the Bond Resolution creates the valid pledge which it purports to create of the Revenues and of moneys a:nd securities on deposit in any of the Funds established under the hereunder and thereunder subject to the application thereof to the purposes and on the condi tions permitted by the Bond Resolution and (iv) upon the execution and delivery thereof, the 2007 Bonds will have been duly and validly authorized and issued in accordance wi th the Bond Resolution; (c) a written order as to the delivery of the 2007 Bonds and the application of the 2007 Bond proceeds, signed by an Authorized Officer of the County; and (d) a Certif.icate of the Director of Budget and Management that the 2007 Bonds are issuE::!d in compliance with the provisions of Section 7.11 (c) of the Bond Resolution, which Certificate shall be accompanied by an Accountant's Certificate confirming the calculations set forth in such Certificate of the Director of Budget and Management with respect to the amounts of Revenues, Operating Expenses, Debt Service and Debt Service/Additional Bonds. SECTION 2.9. Covenant The County hereby covenants provisions of Sections 103 applicable to the 2007 Bonds Bonds. as to Compliance with 1986 Code. and agrees to comply wi th the and 141-150 of the 1986 Code throughout the term of the 2007 - .~ SECTION 2.10. Creation of 2007 Debt Service Reserve Account in Debt Service Reserve Fund. There is hereby created and l=stablished in the Debt Service Reserve Fund held by the Trustee an account designated as the "2007 Debt Service Reserve Account". From the proceeds of the 2007 Bonds required to be deposited into the Debt Service Reserve Fund pursuant to Section 2.6 (a) hereof and other available moneys in the Debt Service Reserve Fund, there shall be credited to the 2007 Debt Service Reserve Account an amount -- equal to the Debt Service Reserve Requirement for the 2007 Bonds, the same being an amount equal to the lesser of (i) ten percent (10%) of the proceeds of the 2007 Bonds or (ii) the maximum amount payable in any current or future Fiscal Year for the payment of Debt Service on the 2007 Bonds. The 2007 Debt Service Reserve Account shall be available only to pay Debt Service on the 2007 Bonds. 07-370 04/11/07 SECTION 2.11. Authorization of Execution and Delivery of Continuing Disclosure Agreement; Covenant with Bondholders. The County Administrator is hereby authorized and directed to execute and deliver to the Trustee a Continuing Disclosure Agreement with respect to the 2007 Bonds in the form set forth as an appendix to the Official Statement, together with such changes as shall be approved by the County Administrator, upon the advice of counsel (including the County Attorney and Bond Counsel), such approval to be conclusively evidenced by his execution thereof. The County covenants with the holders from time to time of the 2007 Bonds that it will, and hereby authorizes the appropriate officers and employees of the County to take all action necessary or appropriate to, comply with and carry out all of the provisions of the Continuing Disclosure Agreement, as the same may be amended from time to time. Notwithstanding any other provision of the Bond Resolution, failure of the County or the Trustee to perform in accordance with the Continuing Disclosure Agreement shall not constitute a default or an Event of Default, and the rights and remedies provided by the Bond Resolution upon the occurrence of a default or an Event of Default shall not apply to any such failure, but the Continuing Disclosure Agreement may be enforced only as provided therein. ARTICLE III MISCELLANl!:OUS SECTION 3.1. Eighth Supplemental Bond Resolution is a "Supplemental Resolution" Under the Bond Resolution; 2007 Bonds Are "Bonds" Under the Bond Resolution. (a) This Eighth Supplemental Bond Resolution is adopted pursuant to Section 2.4 and Article VIII of the Bond Resolution. This Eighth Supplemental Bond Resolution (1) supplements the Bond Resolution, (2) is hereby found, determined and declared to constitute and to be a "Supplemental Resolution" within the meaning of the quoted words as defined and used in the Bond Resolution and (3) is adopted pursuant to and under the authority of the Bond Resolution. (b) The 2007 Bonds are hereby found, determined and declared to constitute and to be "Bonds" within the meaning of the quoted words as defined and used in the Bond Resolution. The 2007 Bonds shall be entitled to the benefi ts, security and protection of the Bond Resolution, equally and proportionately with any other Bonds heretofore or hereafter issued thereunder; shall be payable from the Revenues on a parity with all Bonds heretofore or hereafter issued under the Bond Resolution; shall rank pari passu with all Bonds heretofore or hereafter issued under the Bond Resolution; and shall be equally and ratably secured with all Bonds heretofore or hereafter issued under the Bond Resolution by a prior and paramount lien and charge on the Revenues, without priority or distinction by reason of series, number, date, date of sale, date of issuance, date of execution and authentication or date of delivery; all as is more fully set forth in the Bond Resolution. It is hereby further found, determined and declared that no default exists in the payment of the principal of or interest and premium, if any, on any Bond issued under the Bond Resolution and that all mandatory redemptions, if any, of Bonds required to have 07-371 04/11/07 been made u:o.der the terms of the Bond Resolution or any Supplemental Resolution have been made. SECTION 3.2. Authorization of Reimbursement of Expendi tures in Advance of Issuance and Receipt of Proceeds of 2007 Bonds. The Board hereby authorizes the County to make expenditures on the 2007 Expansion in advance of the issuance and receipt of the proceeds of the 2007 Bonds and to reimburse such expenditures from the proceeds of the 2007 Bonds. The adoption of this resolution shall be considered as an "official intent" within the meaning of Section 1.150-2 of the Treasury Regulations promulgated by the Internal Revenue Service under Section 103 of the 1986 Code. - SECTION 3.3. Filing of this Eighth Supplemental Bond Resolution with Circuit Court. The County Attorney be and hereby is authorized and directE~d to file a copy of this Eighth Supplemental Bond Resolution, certified by the Clerk of the Board to be a true and correct copy thereof, with the Circuit Court: of the County of Chesterfield, Virginia, in accordance with the provisions of Section 15.2-2607 of the Code of virginia, 1950. SECTION 3.4. Effect of Art.icle and Section Headings and Table of Contents. The headings or titles of articles and sections hereof, and any table of contents appended hereto or copies hereof, shall be for convenience of reference only and shall not affect the meaning or construction, interpretation or effect of this Eighth Supplemental Bond Resolution. SECTION 3.5. Bond Resolution. shall be effective Board. Effectiveness of This Eighth Supplemental This Eighth Supplemental Bond Resolution from and after the adoption hereof by the --- EXHIBIT A (FORM OF BOND) UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA COUNTY OF CHESTERFIELD WATER AND SEWER REVENUE BOND, SERIES 2007 REGISTERED REGISTERE No. R- INTEREST RATE: MATURITY DATE: DATE OF BOND:CUSIP NO.: % NOVEMBER 1, _. __ _, 2007 166409 REGISTERED HOLDER: CEDE<< CO. -' PRINCIPAL SUM: DOLLARS The County of Chesterfield (hereinafter referred to as the "County"), a political subdivision of the Commonwealth of Virginia, for value received, hereby acknowledges itself indebted and hereby promises to pay to the Registered Holder (named above), or registered assigns, but solely from the Revenues and moneys pledged to the paYment hereof hereinafter 07-372 04/11/07 specified and not otherwise, on the Maturity Date (specified above), the Principal Sum (specified above), and to pay interest on such Principal Sum, but solely from such Revenues and moneys pledged to the payment hereof hereinafter specified and not otherwise, on November 1, 2007 and semiannually on May 1 and November 1 of each year thereafter (each such date is hereinafter referred to as an \\ interest payment date"), from the date hereof or from the interest payment date next preceding the date of authentication hereof to which interest shall have been paid, unless such date of authentication is an interest payment date, in which case from such interest payment date, or unless such date of authentication is within the period from the sixteenth (16th) day to the last day of the calendar month next preceding the following interest payment date, in which case from such following interest payment date, such interest to be paid until the maturity hereof at the Interest Rate (specified above) per annum, by check or draft mailed (or, upon the request of the Registered Holder of more than $1,000,000 principal amount of the Bonds of the Series of Bonds of which this Bond is one, by wire transfer) by the Registrar hereinafter mentioned to the Registered Holder in whose name this Bond is registered upon the books of registry of the County kept by the Registrar as of the close of business on the fifteenth (15th) day (whether or not a business day) of the calendar month next preceding each interest payment date at the address of the Registered Holder hereof as it appears on such books of registry. The principal of this Bond are payable on presentation and surrender hereof at the principal office of The Bank of New York, New York, New York, as Registrar, in New York, New York. Both principal of and interest on this Bond are payable in such coin or currency of the United States of America as at the respective dates of payment thereof is legal tender for public and private debts. This Bond is one of a duly authorized Series of Bonds (herein referred to as the "Bonds") of the aggregate principal amount of Dollars ($ ) of like date, denomination and tenor herewith except for number, interest rate and maturity provisions, and is issued 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), a resolution duly adopted on July 24, 1985 by the Board of Supervisors of the County, entitled "RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, AUTHORIZING THE ISSUANCE OF WATER AND SEWER REVENUE BONDS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, AND PROVIDING FOR THE SECURITY OF THE HOLDERS THEREOF" and a resolution duly adopted by such Board on April 24, 2007, entitled "EIGHTH SUPPLEMENTAL BOND RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE, SALE AND DELIVERY OF NOT TO EXCEED $ AGGREGATE PRINCIPAL AMOUNT OF WATER AND SEWER REVENUE BONDS, SERIES 2007, OF THE COUNTY OF CHESTERFIELD, VIRGINIA, AND DELEGATING TO THE COUNTY ADMINISTRATOR CERTAIN POWERS WITH RESPECT THERETO" (such resolutions being herein referred to collectively as the "Bond Resolution") . 07-373 04/11/07 The Bonds are issued to finance the costs of extensions, additions and capital improvements to, and renewal and replacement of capital assets of, or purchasing and installing new equipment for the County's water and sewer system (the "System") of the County. The Bonds and the interest thereon are payable solely from, and secured equally and ratablYlrllith other bonds which may have heretofore been issued or may hereafter be issued on a parity therewith under the Bond Resolution outstanding from time to time solely by a lien and charge on, the Revenues (as defined in the Bond Resolution) derived from the operation of the System, subject to the prior paYment from such Revenues of the Operating Expenses of the System, and from moneys held in the funds and accounts created and established under the Bond Resolution pledged to the paYment thereof. 'J'he Bond Resolution provides that the bonds issued thereunder shall not be deemed to constitute full faith and credit general obligations of the County for which there is a right: to compel the exercise of the ad valorem taxing power of the County. Reference is hereby made to the Bond Resolution, to all of the provisions of which any Re9istered Holder of this Bond by his acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the security for the bonds issued under the Bond Resolution, including this Bond; the description of the System; the description of the Revenues and the moneys held in the funds and accounts created and established under the Bond Resolution pledged to the paYment of the interest on and principal of the bonds issued under the Bond Resolution, including this Bond; the nature and extent and manner of enforcement of the pledge; the covenants of the County as to the fixing, establishing, maintaining and revising of rates and charges for the provision and sale of water and sewer services of the System; the covenants of the County as to the collection, deposit and application of the Revenues of the System; the condi tions upon which other bonds may hereafter be issued under the Bond Resolution payable on a parity with this Bond from the Revenues of the System and equally and ratably secured herewith; the rights, duties and obligations of the County; the provisions discharging the Bond Resolution as to this Bond and the lien and pledge of this Bond on the Revenues of the System if there shall have been deposited in accordance with the provisions of the Bond Resolution on or before the maturity hereof moneys sufficient to pay the principal hereof and the interest hereon to the maturity date hereof, or certain specified securities maturing at such times and in such amounts which, together with the earnings thereon, WOllld be sufficient for such payment, or a combination (:>f both such moneys and securi ties; and for the other terms and provisions of the Bond Resolution. The Bonds of the Series of which this Bond is one maturing on or before November 1, 20 are not subj ect to redemption prior to their stated maturities. The Bonds of the Series of which this Bond is one (or portions thereof in installments of $5,000) maturing on November 1, 20 and thereafter, are subj ect to redemption prior to their stated maturities, at the option of the County, from moneys on deposit in the Redemption Fund created and established by the Bond Resolution or from other available moneys of the County, on and after November 1, 07-374 04/11/07 '- --' _,C 20__, as a whole at any time, or in part from time to time on any interest paYment date in such order as the County may determine, at the respective redemption prices (expressed as a percentage of the principal amount to be redeemed) set forth below if such redemption is made from any moneys other than moneys required to be paid as Sinking fund PaYments, together with the interest accrued on such principal amount to the date fixed for redemption: Period During Which Redeemed (Both Dates Inclusive) Redemption Price November 1, 20 October 31, 20 November 1, 20 through % and thereafter The Bonds of the Series of which this Bond is one (or portions thereof in installments of $5,000) maturing on November 1, 20 are subject to mandatory sinking fund redemption from Sinking Fund paYments made in accordance with the provisions of the Bond Resolution (hereinafter mentioned) and to paYment at maturity on November 1 in each of the years and in the principal amounts set forth below, at a redemption price equal to the principal amount redeemed, together with the interest accrued on such principal amount to the date fixed for redemption: Principal Amount Year If this Bond is redeemable and shall be called for redemption, notice of the redemption hereof shall be mailed not less than thirty (30) days prior to the date fixed for redemption to the Registered Holder of this Bond at such Registered Holder's address as shown on the books of registry of the County kept by the Registrar. When notice of redemption of this Bond (or of the portions hereof in installments of $5,000 to be redeemed) shall have been given as hereinabove set forth, this Bond (or the portions hereof to be redeemed) shall become due and payable on the date so specified for such redemption at a price equal to the principal amount hereof and the redemption premium, if any, hereon, together with the interest accrued hereon to such date, and whenever paYment of such redemption price shall have been duly made or provided for, interest on this Bond (or on the portions hereof so redeemed) shall cease to accrue from and after the date so specified for its redemption. - Subject to the limitations and upon paYment of the charges, if any, provided in the proceedings authorizing the Bonds of the Series of which this Bond is one, this Bond may be exchanged at the principal office of the Registrar for a like aggregate principal amount of Bonds of other authorized principal amounts and of the Series of which this Bond is one. This Bond is transferable by the Registered Holder hereof, in person or by his attorney duly authorized in writing, at the principal office of the Registrar but only In the manner, subj ect to the limitations and upon paYment of the charges, if any, provided in the proceedings authorizing 07-375 04/11/07 the Bonds of the Series of which this Bond is one, and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of authorized dE=nominations and of the same aggregate principal amount of the Series of which this Bond is one will be issued to the transferee in exchange herefor. This Bond shall not be valid or obligatory unless the certificate of authentication hereon shall have been manually signed by an authorized signator 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, have happened, do exist and have been performed in regular and due time, form and manner as required by law, and that the Bonds of the Series of which this Bond is one do not exceed any constitutional or statutory limitation of indebtedness. - IN WITNESS WHEREOF, the County, by its Board of Supervisors, has caused this Bond to be signed by the Chairman and the Clerk of such Board, by their manual or facsimile signatures, and the seal of the County to be impressed or imprinted hereon, and this Bond to be dated _, 2007. [ SEAL] 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. THE BANK OF NEW YORK, as Registrar By: Authorized Signature Dated: ASSIGNMENT For value received, the undersigned hereby sell(s), assign(s) and transfer(s) unto -' (Please print or type name and address, including postal zip code, of transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE: 07-376 04/11/07 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(s) Guaranteed (Signature(s) of Registered Owner) NOTICE: Signature(s) must be guaranteed by a member firm of The New York Stock Exchange, Inc. or a commercial bank or trust company NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration, enlargement or any change whatsoever. Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 15.B. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF LOTS 30 THROUGH 35, A MAP OF RIVERMONT HILLS 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 portion of Lots 30 through 35, A Map of Rivermont Hills Subdivision. Mr. Miller called for public comment. No one came forward to speak to the issue. On motion of Mr. King, seconded by Mr. Warren, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to BERMUDA PARTNERS, L.P., a virginia limited partnership, ("GRANTEE"), a portion of Lots 30 through 35, A Map of Rivermont Hills Subdivision, BERMUDA Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circui t Court of Chesterfield County in Plat Book 7, at Pages 42 and 43. - WHEREAS, BERMUDA PARTNERS, L.P., petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of Lots 30 through 35, A Map of Rivermont Hills 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 7, Pages 42 and 43, by CLODFELDER & SCHISLER, ENGR'S., dated JUNE 16, 1936, and recorded JUNE 26, 1936. 07-377 04/11/07 The portion of lots petitioned to be vacated are more fully described as follows: A portion of Lots 30 through 35, A Map of Rivermont Hills Subdivision, the location of which is more fully shown on a plat made by BALZER AND ASSOCIATES, INC., dated FEBRUARY 14, 2007, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2- 2204 of the Code of Virgini~, 1950, as amended, by advertising; and, - WHEREAS, no public necessity exists for the continuance of the portion of lots 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 lots be and are hereby vacated. GRANTEE shall convey unto the GRANTOR and GRANTOR hereby reserves a 16' water easement and a 28 I sewer and water easement, as shown on the attached plat. 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 portion of lots hereby vacated in the underlying property owner free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed names of the COUNTY OF CHESTERFIELD as GRANTOR, and PARTNERS, L.P., a Virginia limited partnership, successors in title, as GRANTEE. in the BERMUDA or its Ayes: Miller" Humphrey, King, Sowder and Warren. Nays: None. 15.C. TO CONSIDER AN ORDINANCE TO VACATE A FIFTY-FOOT UNIMPROVED COUNTY RIGHT OF WAY KNOWN AS PONCE DE LEON -/ ROAD AND TEMPORARY TURNAROUND EASEMENT WITHIN FUQUA FARMS, SECTION D Mr. Stith stated this date and time has been advertised for a public hearing for the Board to consider an ordinance to vacate a 50-foot unimproved county right of way known as Ponce De Leon Road and temporary turnaround easement within Fuqua Farms, Section D. 07-378 04/11/07 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 adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to DAVID C. CREASY, SR. and MARTHA KAY CREASY, ( "GRANTEE" ), a 50 ' unimproved County right of way known as Ponce De Leon Road and a temporary turnaround wi thin Fuqua Farms, Section D, and vacates a temporary turnaround to G. S. PARSONS CONSTRUCTION COMPANY INC., ("GRANTEE") , DALE 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 16, at page 31. WHEREAS, DAVID C. CREASY, SR. and MARTHA KAY CREASY, peti tioned the Board of Supervisors of Chesterfield County, Virginia to vacate a 50' unimproved County right of way known as Ponce De Leon Road and a temporary turnaround within Fuqua Farms, Section D, 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 16, Page 31, by J. K. TIMMONS & ASSOCIATES, dated FEBRUARY 8, 1968, and recorded MARCH 8, 1968. The unimproved right of way and temporary turnaround petitioned to be vacated is more fully described as follows: A 50' unimproved County right of way known as Ponce De Leon Road and a temporary turnaround within Fuqua Farms, Section D, the location of which is more fully shown on a plat made by J. K. TIMMONS & ASSOCIATES, dated FEBRUARY 8, 1968, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2- 2204 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the unimproved right of way and temporary turnaround 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 unimproved right of way and temporary turnaround be and is hereby vacated. GRANTEE herby conveys unto the GRANTOR and GRANTOR hereby reserves a variable width drainage easement and an 8' easement, as shown on the attached plat. 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, 07-379 04/11/07 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 unimproved right of way and eastern temporary turnaround hereby vacated in the property owners of Lot 7, Block H, Fuqua Farms, Section D, and the western temporary turnaround in the underlying owners of the adjacent property owner 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 DAVID C. CREASY, SR. and MARTHA KAY CREASY, and G. S. PARSONS CONSTRUCTION COMPANY, INC., or their successors in title, as GRANTEE. Ayes: Miller.. Humphrey, King, Sowder and Warren. Nays: None. 15.D. TO CONSIDER THE LEASING OF COUNTY PROPERTY AT THE FAIRGROUNDS/SALEM MIDDLE SCHOOL Mr. Stith stated this date and time has been advertised for a public hearing for the Board to consider the leasing of county property at the Fairgrounds/Salem Middle School to New Cingular Wireless PCS, LLC. -' Mr. Miller called for public comment. No one came forward to speak to the issue. On motion of Mr. Miller, seconded by Mr. Sowder, the Board approved the leasing of county property at the Fairgrounds/ Salem Middle School to New Cingular Wireless PCS, LLC. (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. 15.E. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE ACQUISITION OF SOUTHSIDE ELECTRIC COOPERATIVE, INCORPORATED EASEMENTS FOR POLE AND GUY WIRE RELOCATION REQUIRED FOR THE SOUTHWEST CORRIDOR WATERLINl!: PROJECT - PART B Mr. Stith 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 Southside Electric Cooperative, Incorporated easements for pole and guy wire relocation required for the Southwest Corridor Waterline Project - Part B. Mr. Miller called for public comment. 07-380 04/11/07 Mr. George Beadles stated he is personally opposed to eminent domain, but understands that the waterline needs to be constructed. There being no one else to speak to the issue, the public hearing was closed. On motion of Mrs. Humphrey, seconded by Mr. Sowder, the Board authorized the County Attorney to proceed with eminent domain for the acquisition of Southside Electric Cooperative, Incorporated easements for pole and guy wire relocation required for the Southwest Corridor Waterline Project - Part B across the following property: Dalroad, L.L.C., 13101 River Road, PIN: 732640869400000. And, further, the Board authorized staff to enter and take such easements prior to eminent domain proceedings. (It is noted copies of the plats are filed with the papers of this Board. ) Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 15. F . TO CONSIDER THE EXERCISE OF EMINl!:NT DOMAIN FOR THE ACQUISITION OF SOUTHSIDE ELECTRIC COOPERATIVE, INCORPORATED EASEMENTS FOR POLE AND GUY WIRE RELOCATION REQUIRED FOR THE SOUTHWEST CORRIDOR WATERLINl!: PROJECT - PART B Mr. Stith 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 Southside Electric Cooperative, Incorporated easements for pole and guy wire relocation required for the Southwest Corridor Waterline Project - Part B. Mr. Miller called for public comment. Mr. George Beadles stated he is confused as to the reason Items 15. E. and 15. F. were not considered as one public hearing. Mrs. Humphrey stated this public hearing is for the property of heirs of an estate versus the previous public hearing where the property owners are known. There being no one else to speak to the issue, the public hearing was closed. On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board authorized the County Attorney to proceed with eminent domain for the acquisition of Southside Electric Cooperative, Incorporated easements for pole and guy wire relocation required for the Southwest Corridor Waterline Project - Part B across the following property: Heirs of phineas T. Mann, owners of a partial interest in property at 12840 River Road, PIN: 735640669300000. And, further, the Board authorized staff to enter and take such easements prior to eminent domain proceedings. (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. 07-381 04/11/07 15.G. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE ACQUISITION OF WATER AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE SOUTHWEST CORRIDOR WATERLINl!: PROJECT - PART A Mr. Stith stated this date and time has been advertised for the Board to consider the exercise of eminent domain for the acquisition of water and temporary construction easements for the Southwest Corridor Waterline Project - Part lL ~. Mr. Miller called for public comment. No one came forward to speak to the issue. On motion of Mrs. Humphrey, seconded by Mr. King, 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 - Part A across the following properties: Zelda Parham Mullen a/k/a Zelda Parham Bowles, 11214 and 11300 River Road, PINS: 749628759800000 and 749628659800000; Larry A. Watson, 10041 River Road, PIN: 755618894200000; Stephen Lee Hutson, II, 10031 River Road, PIN: 755618551900000; Steven W. Bragg, 10017 River :Road, PIN: 756618071000000; Robert Claiborne Seay and Eunice Arline Seay, 9955 River Road, PIN: 756617811100000; and Jason A. Kendall and E. Kari Rothenberger, 9933 River Road, PIN: 756616838400000. And, further, the Board authorized staff to enter and take such easements prior to eminent domain proceedings. (It is noted copies of the plats are filed with the papers of this Board.) ~ Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 15.H. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE ACQUISITION OF WATER AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE SOUTHWEST CORRIDOR WATERLINE PROJECT - PART B Mr. Stith stated this date and time has been advertised for the Board to consider the exercise of eminent domain for the acquisition of water and temporary construction easements for the Southwest Corridor Waterline Project - Part B. Mr. Miller called for public comment. No one came forward to speak to the issue. On motion of Mrs. Humphrey, seconded by Mr. Sowder, 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 - Part B across the following properties: NTB Limited Partnership, 11604 River Road, PIN: 747631230100000, 11522 River Road, PIN: 748630549800000, 11900 River Road, PIN: 745632923100000, $12,415, and Dalroad, L.L.C., 13101 River Road, PIN: 732640869400000. .-" And, further, the Board authorized staff to enter and take such easements prior to eminent domain proceedings. (It is 07-382 04/11/07 noted copies of the plats are filed with the papers of this Board. ) Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. 16. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. George Beadles expressed concerns relative to the condition of Henricus Historical Park, indicating that is not ready for the 400-year anniversary celebration. There was brief discussion relative to specific observations of Mr. Beadles at Henricus. Mr. Miller requested that staff take a look at the condition of Henricus. Discussion ensued relative to the correct pronunciation of Henricus. 17 . ADJOURNMENT On motion of Mr. Miller, seconded by Mrs. Board adjourned at 7:36 p.m. until April 25, p.m. Humphrey, the 2007 at 3:00 Ayes: Miller, Humphrey, King, Sowder and Warren. Nays: None. (" LL- 'Lane B. Ramsey County Administrat r 07-383 04/11/07