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05-12-1982 Minutes MINUTES May 12, 19~2 Supervisors in kttendance: Mr, E. Merlin O'Neill, Sr., Chair,%an Mrs~ Joan Giron¢, Vice Chairman Mr. C. L. Bookman ~. Harry G. Daniel Mr. R. Garland Dodd Mr. Richard L. Kedrick County Administrator Mr. WilLiam Corrull, Cons=ruction Coord. Chief Robert Eane~, Fire Department Mr. James Gillentine, Nursing Home Admia. Mr. William Rowelt, Dis. of General Services ~r. Robert Masden, Dis, of Human Services Mr. Richard McElfish, Environmental Eng. Mr. Steve ~ica¢, Co. Attorney Mr. Jeffrey Muz~y~ Dis. of Community Develop. Mr. Robert P~in~er, Dis. of utilities Col. Joseph Pittman, Chief of Police Mr. Lane Bamsey, Dis. O~ Budget and Accounting Ms, Jean Smith, Dis. of Social Services Dr, W. H. Wagner, Dis. cf Health Department Mr, Dexter Williams, Chief of Trans. Plan. Mr, Albert Wynne, Admin. of Mental ~ealth/Mental Retardation Mr. O'Neill called the meeting to order at tbs Courthouse at 10:lO a.m. Pts. ~ookman gave the invocation. On motion of Mr. Daniel~ seoon~e~ by Mr. Bookman, the Bo~rd approved the minutes of April 2S, 1982, as amended. Ayes: Mr. O'Neill, Mr. Bookman, Mr. Daniel and Mr. bod~, Abstention: m~s. ~iso~e because she wa~ not present at the meeting of April 28, 19~1. Chief Pi%tman was present and displayed a trophy awarded to the Police Department on May 1, 1~82 at ~h~ westover Azalea Festival for the ~est Public Safety Unit entered. He indicated thin was re~eived for the recently approved white police ear with the new County Police design. The Board congratulated Chief Bit~ma~ and the Department~ Mr. Hedriok stated this date and time had been ~ch~du!ed for e public hearing to consider an ordinance relating to the discharge of air or gem operated weapon~ Mr. Micas indicated thi~ proposed ordinance had been mistakenly deleted from the County Code when it h~d been reoodi£iod. There was no one in the audience to discus~ this matter_ Mr. Bookman inquired if this ordinance would prevent a juvenile from discharging a sun on his parents property (which could be a large tract of lend[ ~up~rvieion. Mr. Micas indicated that it would. ~r. Bookman stated he did no~ feel this would be pro,er. Mr. Daniel i~ there wars some way to differentiate between small lot snbdivision~ wh~re there sxi~t~ only one-third of an acre and ~arger parcels of land. Mr. O'neill inquired if ~his ordinance also prohibits a p~rson under 1~ years of age from hunting withou~ a guardian. Mr. Micas indicated that wa~ also correct. Mrs. Girone stated the ordinanc~ did not eddre~ private land i~ its verbag~ only along or acrom~ public street~ ~tc. Mr. Micas stated th~ manner in which it was'written appl~d to private land a~ well. A~tar further disuussion of the matter, it was on motion of Mr. Bookman, seconded by ~. Daniel, resolved that fur=her consideration o~ this ordinance be deferred until May 1982 at 10~00 a,m. add the 5oard further directed the County Attorney to include verbage allowing hunting by minors without guardians and firing On large ~racts Q[ land. Mr. Hedrlck ~tated this date and tim~ had been scheduled for p~blic hearing to consider an ordinance r~lati~g to parking regulations on county owned property. Mr. Micas s~ated thi~ ordinance would pr~vid~ that the County AdminisZrator would determine parking restriotions, eta. on County owned Droterty' ~hat the chief of P~lice would bo responsible for ~nforcing such regulations. Chief ~it~r~an was preee~q end state~ ho was in agreement with th~ ordinance. There wac no One in ~he audienc~ to discuss fhis matter. On motion of ~tr. Dodd, seconded by Girone, the Board adopted the following ordinance: An ordinanoe to Amend tho Code of the CoUnty of Chesterfield, 1978~ as ~nended, by Attending Section 14.1-14 R~lating to Parking Regulations on County Owned ?roperty and Providing for a Penalty Be It ordained by the Board of Supervisor~ of Chesterfield County: (1) That section 14.I-14 of the Code of th~ County Of Sec. 14.1-1~. Unlawful parking generally. (19) On any COunty-owned property where such parking is ~rohibited or regulated and said parkinq is in violation Of any suoh regulation, For the purposes of this sub£ectian (19), the County Administrator is hereby authorized and directed to adopt regulations for the prohibiting of perking of vehicles upon such regulations at any time when in hie opinion parking ~6-1.~51 of th@ Code of Virginia, 1950, as amended. 62-t82 Mr. Bookman Stated he had been 5dvised by the County Attorney that the following item of business was not a conflict of interest for him, but he excused himself from the masting should Mr. Hedrick elated this date and bime had been advertised for a public haarlng to consider an ordinance relating to separat~ connecbions to the public sewer system. There was no one present in the audience to address this matter. Mrs. Girone stated she felt to require two separate systems, two llnea and two connections, for units that were vertical was not feasible. She stated the lines are normally run straight up an~ down end that this was an extra cost for the home builder. Mr. Micas indicated the reason for this being written es it was~ is because there could he a blockage On the second level which would Cause flooding cn the first level an~ there could exist a dispute as to who is responsible. ~ ~tated that with two separate lines, the responsibility could net be passed to another. He stated that in apartments, th~ connections are required differently because owner of the apartments is responsible for &lt units. H~ that in duplexes there cmn be two separate owners. Mr. Eedrlck stated ~ha6 duplexes tend to be treated as single family dwellings and require the separate connections. ~e stated that in quadraplexe~ or larger, the lsndlord im responsible and it then becomes a matter between tha l~ndlQrd and t~nant. Ha stated more and more apartments are being converted to condominiums which could cause problems. Mr. Daniel inquired what is being done in other areas~ Mr. Nedrick ~tete~ that Pairfax has an ordinance similar to the proposed ordinance. Mr. Dodd inquixed why the County seems to adopt the ultimate and inquired why this could not be handled in the Code by r~qu~rlng an oversize llne. Mr. stated this is not the ultimate, but the average. He indicated that this situation could net be covered under the BOCA Code it deals strictly ~ith utility requiremenks beyond the structure. Mrs. Girone requested a ~eport indlcatlnq what the test dif~erenc~ would be to a builder for a single ov~r~ised line a~d One connectio~ te the system vers~s the two lines and two ! connections to the system. She requested also that a report be i prepared as to how many duDlsx units exist in th~ County which ere owned by two different individuals, Mr. O'Neill inquired about e oendominlum agreement or legal document when buildings are converted. Mr. Miens indicated that would bm even more costly than separate connections. It wa~ ~uggested that this ordinance be deferred. Mr. Hedriek state~ that this ordinance was adopted on an emergency basis st the ~pril 14, 1982 meeting which grandfahhered several sites ~rom compliance with the Code add bkat if this were not readopted within 60 days, thig grand,uttering would be null and void. A~tsr ~urther discusslem~ it was on motion of Mr. O~eill, ~ecended by ~r. Dedd, resolved that further discussion of this ordinance be deferred until J~n~ 9, 1982, at 10:00 Ayes: Mr. O'~eill~ Mrs. Girene, Mr. Daniel and 5~. Dedd. Absent: Mr. Bookman_ Mr. Bookman returned tQ th~ meeting. On motion of the Board, thc following resolution was adopted: Whereas, The Governor of the Commonwealth of Virginia has designated the month of June a~ "9~rks and Rsureatlnn Month"~ and ~2-1B3 ~ereas~ Suitable.and positive leizure ~xperienees are vital to good physical and mental health and enhance the quality Of life for all our citizen~; and Whsrea~, All citizens can enjoy self-renewal in out-of-doors through the qreen spac~ and the facilities in Whereas, Our citizens eau fulfill their potential in the uae of their leisure ti~e through the varied individual and opportunities p~ovld~d by ~he County Psrk~ and Recreation D~partment; and ~Vhereas, Chesterfield County ~ecognizes ~hat the effort~ of ils professional p~rk and recreation staff have ~nhanced the ~ervices available to Chesterfield County residents. Now, Tkerefor~ Be It Resolved that the Board of Supervisors hereby declares ~ha month of June as "Parks and Recreation ~onth" in Chesterfield COunty and sncouraqeg all our County citizens to visit our parks and participate in our recreational, activities; A~d Further Be It Resolved that the Board of Supervisors of Chesterfield County hereby o×pre$$es ils ap~reciatien end gratitude to the prn~e~slenal park and r~creation e~aff for its service and dedication to th~ enhancement of leisure activities and facilities in Chesterfield CoUnay. Vote: Unanimous On motion of Mr. O'Neill, seconded by Me. Dodd, the Board ~pproved and authorized the County Administrator to execute any n~c~ssary documents for ~arland Constructic~ Cor, paDy~ Inc. who submit=ed the low bid of $6~,597 plus Alternate i for an extra bay door in the amount of $425.00~ for a total of $6&,~2~, for the Phillips Volunteer Fire gtation and further the Board appropriated $~8,000 which includes a smell contingency for this pro,eot ~rom 111-1-31400-4123~ General Fund COntingency, to 330-1-921~-9121, Phillips Volunteer Fire Station. It i~ ne~e~ that $2,OOO for planning costs had be~n previously appropriated. Vote: Unanimou~ ~r$. ~irone m~a%ed that mhe would uhiliz~ Midlothian District 3¢ Road F~nds to build a parking lot adjacent tn the Rebious Athletic Complex if the Board would tend financial assistance in the ~utura ~hould it be n~ede~. ~he Board indicated this would districts in the past. On mo~icn of ~rs. Giro~e, seconded by Mr. Bookman, the Board decreased Midlethian District 3¢ Road Fun~ by $2~,000 and increased Planned Budget Expenditure account ~30-1-95407-4112 by $28,000 for con,traction of a parking lot by County forces adjacent to the Robious Athletic Complex. On motion of Mrs. Girone, seconded by ~r. Bookman, the Board d~cr~a~ed th~ Mi~lothian District 3¢ Road Fund~ by SS,Q00 and increased Planned Budget Expenditure account 330 1-95463-4393 by $8~000 for construction of an additional lane of pavement on the Vote: Unanimous On motion of ~,lr. Bookman, ~econded by Mr. Dndd, the Board decreased Planned Bedget Revenue 111-1-O0011-0701 Group ~om~ Fee by $900 and increased Planned Budget Expenditure hccounts lll-l-O9322-g201 Bedding end Linens by ~300 and 111-1-D9322-2601 Repairs and ~intenanc~ Buildinq~ by $600, Mental Health/Mental Retardation. Vote: Unanimous On motion of Mrs. Girone, seconded by Mr_ Dodd~ the Board increased Planned Budget Revenue Account 1Ii-1-00012-1047 Fuel Assistance Program by $65~000 and Increased Planned Budget Expenditure account 111-1-0~156-3341 Fuel by $65,000~ Social services. Vote: Unanimous ~r. Ramsay stated that ~taff had prepared a list of possible ~hange$ to %he proposed 1982-83 budget. He ~tated this was Board review and that budget adoption would be reguestsd at th~ ~ay 26, 1982 meeting. He stated that two items which should be brought to th~ Board's attention are that the increase of fees at the Nursing Eeme and the increase of fees at the landfill are both included in the budget es proposed. Mr. ~edrick stated that the Board should also ~e aware that without {he fee increases, fund~ will have to be taken from the Genera~ Fund He stated further that perhaps the Board would like another work session to discuss the po~sibi~ change~ as well as th~ landfill fees. Mr. Ramsay stated it was important for the Board to decide whether or not th~ inerea~ in th~ ~uusing ~ome fees would be approved because patients would have to be notified. Mr. Bookman inquired i{ he had a conflict of interest as hi~ mother is e p~tien~ at the ~ursing Eome. Mr. Micas advised ~r. Bookman not to vote on this matter. ~. Bookman excused himsel~ from the meeting. On motion of }Irs. Girene, seconded by Mr. Daniel, the Board approved the fees at th~ Nursing ~o~ a~ follows effective July 1~ 1982= skilled Intermediate Private Not Available $58 Semi-Private $66 $5~ (Th~se figures represent a $~.00 a d~y increase.) Ayes: Mr. O'Neill, Mrs. Girone, Mr. Daniel and Mi, Absent: Mr. Bookman. Mr. Bookman returned to the meetinq~ It was generally agreed that the Board would have a Ncrk zeasion to discuss %he proposed 1982-~3 budget again and that a date would be set later today. Mrs. Girone requested additional in£ormation regarding the positions for Community Development. Mr. Hedrfek advised %he BOard of outstanding appoint-~snts. On motion of Mr. Bookman, secen~e~ by M~s. Girone, the Board accepted ~he reSignatiOn of Mr. Bonald C. Morris from the ?ereonne! Appeals Board effective May !5, !982. Mr. Bookman expressed his regret at this resignation as Mr. Morris ha~ done an outstanding job on this committee. Mr. He,rick stated the ~oard should consider appointing someone to this vacancy as ~oon a~ po~sibl~ a~ gfi~vanee~ may ~r~se and that the person should have stcng p~rsonnaI background. Mr. Bookman a×cused him~etf from the meeting because of a possible conflict of interest regardin~ eta=e ~oad Acceptance as hi~ son had accomplished some work on these roads. On motion of Mr. DodO, seconded by Mr_ Daniel, thc Board appropriated $1~500 from the Matoaca District 3¢ Road Funds for improvements previously made to Treely Road and for stone stabilization ef the ro~d. Ayes: Mr_ O'Neill, Mrs. Girone, )~. Daniel and Mr. Dodd. Ab sentx Mr. Bookman. This day the County ~nvironmeatal Engineer, in accordance with directions from thi~ Board, mad~ report in writing upon his examination of Woodsong Drive and Tevis Lane in William ~wyn Eetates~ Remaining portion of ~ectlon A and Section C, Clover Upon consideration whereof, and On motion of Mr. Dodd, ~eeonded by Mr. Daniel, it is resolved that Woodsong Drive and T~vis La~e in William G%~.n E~tates, Remaining per,ion of Section A and Section C~ Clever ~ill Dietri¢~, be and they hereby are established as ~ublic roads. ~d be it further resolved, that the Virginia Department Of ~ighways and Transportation, be and it hereby is requested to State maintenance ends, ~ta~e Route 2742, and going .07 mile northerly to a cul-de-sac; Tevis Lane~ beginning a~ intersection with Dumaine Drive, State Route 2606, and going .08 mile northerly to a cul-de-sac. Thes~ roads serve 23 lets. And be ~t further resel?~d, that the B~sr~ of Supervisors guarant~eS to the Virginia DeDartment right-of-way for all of these roads. These sections o~ William Gwyn Estates are recorded as follows: Section C, Plat Book 36, Page 81~ August 7, 19~0. Thi~ day the County Environmental ~ngineer, in accordance with ~irectien$ ~rom ~his Beard, made report in writing upon his examination of Lyuport Court in william Gwyn Estates, Section B, Clover Hill District. Upon oonsi~eration whereof, ~nd on motion of Mr. bodd, seconded by Mr. Daniel, it is resolved that Lynport Court in william Gwyn Estates, Section B, Clover Bill District, be and it hereby is establiehe~ as a public road. And be it further resolved, that the Virginia Department o~ Highways and Traneportaticn, be end it hereby i$ requeste~ to take into the Secondary System, Lynport Court, beqlnning at in=ers~ction with Woodsong Drive, State ~oute 2742, and going mile easterly to a cul-de-sac. This road serves 7 lots. And be it forther resolved, that the Board of Supervisors guarantees to the Virginia Department of Highways a 50 ft. right-of-way for tkis road. Thi~ section of William Gwyn Estates is recorded as follows: Section B~ Plat Book 36, Base ~?, JUn~ 6~ 1980. Ayes: Mr. O'Neill, Mrs. Circle, Mr. Daniel ~nd Mr. Dodd. Abeam=: ~r. Bookman. Bookman returned to the meeting. 82-186 On motion O~ Hrs. Girone, s~conded by Mr. Dodd, the Board deferred indefinitely the reguest for a street light a~ 2347 Coxendale Road, Bermuda District, and approved the installation of a light at 1127 SQutham Drive, Midlothian District, wilt ~unds' to be expended from the Street Light ?und Account. Vote: Unanimous Mr. McElfish stated that the Board had approved th~ installation of seven lights in the Indian Springs Subdivision at the December 9, 1981 meeting. He stated this cost was projected at $2,4~7 but because easemenzs need to b~ obtained, the c~st has risen to $5,121 requiring an additional appropriation. Mr. Daniel instructed staff to in,tall the lights for which problems with easements do not exist and not to exceed the S2,437 appropriation. ~e further requeutsd that snarl contact the Civic Association and inform th~n that residents are not granting easements and that some of the lights will he installed now end possibly others involving easement problsm~ can bs installed in the next budget. ~rs. Dorothy Meldrum p~esen~ the ~oard with proposed changes for voting precinct districts. She Stat=d that when th~ ehange~ to the magisterial district and voting precinct lines were made, it was under,toed that additional precinct boundar~ changes would he made as necessary. She ~tated after the fall election, it becam~ obvious that certain precincts needed to be changed and new polling places established. She ~tated that ~uch things as population; number of registered voters~ number of machines~ location for public access and perkinq~ coat, unity continulty~ etc. had to be considered. She stated that chan~s were suggested for: Greenfield Precinct A new ~r~cinc~ in Northern ~atoaca Di~tric~ 3. Providenc~ Precinct Mr. ~cokman questioned some of th~ change~ for Clever Bill District but indicated they were acceptable. Mr. O'Neill questioned the changes iu his area and requested ~ddlticnal adjustments be made. Nr. Daniel inquired why Courthouse ~reclnct was being changed. Mrs. Meldrum stated that 3,00~ voters is an acceptable number which they try to attain in each precinct and the Courthouse Precinct is r~a~hing %ha: limit. Mr. Daniel requested ~ report on the proposed change %o split the prmci~ct. ~rs. Giron~ ~teted that th~ a4ditienaI precinct at ~r~enfield could ba called Cranbeak. After further ~iscu~sion, it was g~nerally agreed that the precinct ehangs~ for Bermuda, Midlothian and Clever Hill were acceptable and that the changes report is made on the Dale Precincts and with changes for Matoese Precinot~. Mrs. )4~ld~um sta~ed that there exists another problem with the voting machines and their storage. She stated it would be b~tter for the County to provide & eto~ag~ ar~a and handle the machines a~ three were dr~pp~d cad ars damaged beyond repair. She stated that it costs $20 a machine ~ach delivur~ and $4,500 for storage per year. Mr. O'Neill requested Mrs. M~ldrum to di~cu~ thi~ matter with the County Administrator. On motion of Mrs. Girone~ sooonde~ by ~r. Daniel, the Board adopted the follc~in~ resolution: 82-187 iO.B. lO.C, 10.D. Be It Resolved that the Chesterfield County Board of Supervisors concurs with the intention ef the Virginia Depert~eI of ~iqhwayS and Transportation to close out project accounts for tan projects shown on the attached list, a copy of which is fil~ with the papers of this Board, and apply the balance of fends ~rom those projects to the secondary system construction defici~ in Chesterfield Countyr with the aforementioned balance amountir to $104,5S~.86 a~ of March 31, 1982. On motion of Nra. Girone, seconded by Mr. Dodd, the Board approved and author!zed the County Administrator to execute any necessary documents for the following ~Iat~r COntract: WS~-41CD/6(8)~41~ ~uquen©t Common~ Developer: R. & V. Associates, A Gen~ral Partnership Contractor: R.M.C. Contractors, Inc. Total Contract Cost: $12,748.00 Estimated County Cost: 1,500.00 - R~fund through connections for off-site Estimated Developer Cost: ~11,~48.00 Code~ 366-1-11684-7221 On motion oi Mrs. Girone, seconded by Mr. Dodd, the Board approved and authorized the County Administrato~ to execute any n~cussary documents for Seat ~ackhoe and Excavating, Inc. who submitted the low bid of $~,417.09 ~or installation of a fire hydrant at Falling Cre~k Junior High School and further the Baa tranu£urrcd $1~,400 from 380~1-610~0-4393 to which includes a 10% contingency. Vote: Unanlmcus On motion of Mrs. Girone, seconded by Mr. Dod~t the Bcar~ epprovs~ the request o~ Mr. wilbur R. Cross and John ~ Ing~am for refund of prepaid sewer connection fee Cf ~7,~2~ for lQ act Of commercial property on Burge Avenue, which wes for reserve capacity in the B~llwood Manor Lagoon, wi~h the understanding that tho capacity will no longer be reserved for their use. On mo=ion of ~rs. Girone, seconded by ~ir. Dedd, the Beard approved and authorized the County Administrator to ex,cute any necessary documents for Change Order No. 4~, Pro,eot No. 7032-1 Falling Creek Waetawater Treatment Plan% E~pansion in the amoun of $1S,~6~.97 to furnish an~ install a butterfly valve at the Vote: Unanimeus On motion of ~rs. Girone, s~conded by Mr. Dedd, the Board approved an~ authorized the County Administrator tO execute an necessary documents ~or an easement aqreemen~ with Virginia Electric an~ Power Company for Contract 7032-~5, which eazemenl is located between Ramp C, Richmond Petersburg Turnpike and Grindall Creek. Vote: Unanimous 82-188 :d 10 %1. 12. On motion of Mrs. Girone, seconded by Mr. Dodd, th~ Board authorized the County Attorney to institute condemnation p~Qceedings against the following property owners if the amount ae set opposite their names is net accepted. And be it further resolved, that the County Administrator notify said property o%~ers by registered mail of the £ouhty'z intention to enter upu and take the property which is to be the subject of said condemnation proceedings. An emergency e~istinq, this resolutio shall bs and it hereby is deslared in full force and effect i~ediately upe~ passage. Larry E. and ~ary Leu T. Grinstead Happy Nill Road g280.00 Vote: Unanimous M~. Painter presented ~ke Board with a copy Of developer water and sewer contracts e×~cuted by the County Administrator. Mr. ~edrick stated ~h~t the County had b~en officially noti£ied tha~ th~ follo~ing additions and abandonments ha~ Peen approved effective April 29, 1982: ~engtk Route 714 b~tween ~tatien 54+00 and Station 125+45, Projec~ 0714~02~-173, Mt01. 0.~7 mi Section 1 ef old location Route 733 from connecting Station 13+7~ to Route 633, Projee~ 0733-020-167~ C501. 0.04 mi Additions Sections 9, 10, ll, 1~, 13, 14, 15, and 16 o~ new 125+45, Project 07%4-Q20-173, MtOl. 0.77 mi Section 2 of new location Route 733 from intersection ~rojeot 073~ 020-1~7, CtOl. 0.08 mi ~r~, girone stRted that sh~ was on the Affordable Hou~in~ Co~ithee project and that the c0mmit%ee would like on~ mor~ member of the Board to join the Co~ittea. She elated also that there ars 12 subcoK~/ittees reporting to this Conuni%t~ and %hat they would like ~uggestions for two or three cltlzenm who might serve as ~ell. The Board f~2t perhaps some small builders who live in the C0~nty would be bene£iciat_ Mr. Bookman suggested Mr. Jamee Ridg~wey. Mr. Ramsey stated that five bids Were received at the State Treasurer's Office cn the County's $22,500~0Q0 General Obli~aticl Bond Issue. ~e stated that the low bid wa~ ~ubmitt~d by Trust in the amount of 10.4167181. ~e stated staff recommended approval of the low bid sinc~ the percentages have dropped from approximately 12+% within th~ last two weeks. He stated that ~his will resuZ: ~n l~ss debt ~ervioe but therei~ $6~000,000 less in bonds being gold because of ~he ~ee of Litera~y Loans. Mr. BooPanan in~nired if additional funds could be borrowed from the Literary ~und rather than borrowin~ the full $22,500,000. Mr. Ramsay stated that he thought the School was using the Litero~y Loans to the greatest extent possible as there is $1~,000,000 approved and $15,00O,00O in progscts to be approved over the next few years. M~. Dodd mtated he felt the County would b~ paying mare money fc the $t2,500,000 issue than the original issue last year at thi~ inquired what kinds of bids other jurisdictions had received. Mr. R~msey s:ated that Hiokmond sold bonds at 11.5+% in January, and that Lvnchburg sold shorter term notes for about the same rate as Chesterfield received. Mr. Eedrick stored that the County's ratin~ of AA- from Standard ~.nd Poors a~d AAt from j~risdictions with a A~u% rating. ~e stated that the County, in ordsr to in~easo its rating~ should refrain from relying On the fund balance and the rating agencies w~re 0oncernod with the they did not want the residential to oBtgrow tho coikmercial highest bid received wa~ 10.599%. On motion of Mr. Bookman, seconded by F~r. Daniel, the resolution was adopted~ A ~ESOLUTION ACCEPTING A PROPOSAL FOR TH~ PURCHASE 0P $22,~00,000 PRINCIPAL A~OUNT OF PUBLIC IMP~0V~ENT BONDS, SAID BONDS: ~PKOVING TEE FO~ OF AN OFFICIAL STATE~NT ~D THE THEREOF; ~NDING T~ R~SOLUTION ABOPTED BY TEE BOARD OF SUPERVISORS 0F THE COUNTY O~ ~R!L 14, 1982, AUTHORIZING AND DRL~ OF SAID BONDS; ~TIFYING CERTAIN ACTS ~b PROCEEDINGS: AND Be It Resolved by the Board of Supervisors of Che~teriield County: ~ECTION 1. ~indlngs and Determinations. Pursuant %o a r~olution a~opted by tn~ Board on Apri~ 1982, entitled ~SOLUTION AUTHORIZING ~D PROVIDING FOR THE ISSUANCE, SAL~ AND D~LIVERY OF $~,5~0,~00 PRINCIP~ ~OUNT OF PUBLIC BONDS, SERIES OF 19S2, 0F C~STE~FI~I.D COUNTY" (=he "Author~z~n~ Resolution"), a Notice of Sale (the "No~ic~ of Sale") of $22,500,~ principal amount of ?~lic Improvement Bonds, Serie: of 1982 ~the "Bonds"), wa~ duly published on Mav 3, 1982, in Bond Buyer, a financial newspapor published in the City of New purchase of th~ Bonds would be re=~ived by or on behsIf of Chesterfield County, Virginia (%he "County's} ~ at the offics of Building, 101 N. 14ih Str~et~ 3rd Floo~, Richmond, V~rginla 2~219~ until 11:00 A.~., virginia time, on W~dnesday, May 12, i9~2, at which time and place all proposals would be publicly op~ncd. Pursuau~ to thm Notice of Sole, five proposals foe th~ purchase of bonds wets received, each accompanied by a certified order of Chesterfield County in th~ amoua= of $4S0,000. Th~ names of the bidders submitting each such proposal, the porches6 price for the Bond~ ~p~ifke~ in ~ach such proposal and the ~2-190 Name of Bidder The Northern Truer Co~pnny Chase Manhattan Bank, Bankers Trust CO. & Assoc. Morgan Guaranty Trust Co, of Citibank, P~rchase Price Speci~ied $22,745,970.0D 22,~73~736.25 22,500,934.00 22,518,900.00 Cost 10.416718~ 10.47921 10.51201 10.51256~ 10.5991 After due consideration of ali such proposals, this Board finds that {a} the Northern ~rust Co,Deny [the "Purchaser") is a responsible bidder, (b} Of the pzoposels received, the proposal of the Purchaser {the "Proposal") ie the proposal to purchase th~ Bonds at the lowest "True" er "Canadian" interest coat to the County, computed by doubling ~he semi-annual interest rate (compounded semi-annually) necessary to discount the debt eervic~ payments from their respective payment dates to th~ date of the Bond~ and tc the price bid, not including interest accrued to th{ date cf ~e~ivery, and (c) the Proposal is the hiphest and be~t proposal received, is in accordance with thc Dro¥isions of the Notice of Sale, and ShOuld ba accepted. SECTION 2. Acceptance of Proposal. The ~roposal, bein~ a proposal to purchase tko ~onds at the price cf Twenty-two Millio~ Seven ~undred Forty-Pive Thousand ~ine ~un~red Seventy and QO/10I ($22,745,970.00) plus accrued interest from the date ~f the ~end~ to the date ef delivery thereoi to and payment therefor by the Purchase~, with the Bonds {o bear interest ak kh~ ~ate~ per annur specified in Section 4 hereof, is hereby accepted and th~ Bonds are hereby awarded to the Purchaser. SECTION 3. Good Faith Cheeks. The good faith checks of ~h~ unsucoeesful bidders shall be returned forthwith. The geed fa~t~ check of ~he Purchaser ~±11 be deposited by tNe County and the proceeds thereof credited aqain~% the purchase price due for the BOnds upon their delivery o~ retained as an~ for liquidated damages in the event the Burchaser fails ~0 take up and pay for ~he ~onds in accordance elth the Proposal. SECTION 4. Interest Rates. The Bonds maturing in each of the years specified below shall bear interest at the rate per annum set forth opposite such year, to wit: Interest Year Robe Year Rate 1~ 1t.~0~ 1994 10.401 1985 tl.50 1995 i~6 11.~0 1~9~ 10.60 1987 11.50 1997 1988 11.50 1998 I0.90 t989 11~5~ 1999 1990 ll.5D 200~ 1991 11.50 2001 9.50 19SE 11.50 2002 9.50 1993 10_2~ 200~ 9.50 SECTIO~ 5. Exesntion and Delivery of the Bond6. The Chairman and Clerk Of'~his Board, the County Administrator, the County Treasurer and ether appropriate officers, employees and agents of the County are hereby authorized and directed ~O take ali such action and to execute such instruments as shall be deemed by them to be necessary or appropriate to effect the printing, execution and issuance ef the Bonds end the deliYerv the ~onds to the Purchaser in accordance ~ith the ter~$ of Proposal, the Hetice of Sale~ the resolution referred to in $2-191 Section 1 hereof add this resolution upon receipt of the purchas~ pride therefor am met ~orth in Section 3 hereof, and for fha proper application and use of the proceeds of such sale. ~CT~©N 6. Preliminary Official Statement; Official statement; Certification Comeernin[ Official Dtatement. The chairman of this Board and County Administrator are hereby authorized and directed %o execute and deliver to the Purchaser copies of an official Statement of the County relating to the ~onds, in substantially %ha form of the Preliminary O~ficial statement of the County relating to the Bonds, dated April 30, 1982 ([he "Preliminary Official Statement"), presented at this meeting, after the same has been completed by the in~ertien of the inter,st rates ~o be borne by the Bond~ and by making such other insertions, changes or core,orions as the County Administrator, ~ased on the advice of %he County's financial advisors and leqet eOnnseI~ deems necessary or appropriate: and th~$ Boar~ here~y authorizes said Q~ficial statement and the information contained therein to be u~ed by ~h~ Purchaser in connection with the sale of t~e Bends. ~ha County Administrator and Director of Budget and Accounting are hereby authorized add directed to execute on behalf o£ the County and deliver to the Purchamer the certificat~ r~f~rr~ to in the ©ffleial under the caption "Certi£&:a~e Concerning Official statement". $~CTION 7. AmendLmmnt ~£ the Authorizing Besolution. Authorizing Re~oluticn is hereby amended as follows: (a) The dollar amount in the title of the Authorizing Resolution is amended to read "$22,508,080". (b) The second paragraph of Section 3 of the Authorizing Resolution is amended to rea~ in its entirety as follows: '~Tke principal of and premium, if any, and interest on the Bonds shall b~ payable at the principal office of Central Fidelity Bank, ~.A., in the City of Richmond, virginia, or at the option Of the holder thereof or of the coupons appertaining thereto, as the case may be, at the principal office of Bankers Trust Cumpany~ in th~ City of New York, ~ew York, a~ the p~ying agents ~ur the Ponds, in such coin or currency of the United States of America as at the respective dates of payment is legal tender for public and private debts." (o) The first sentence of the first paragraph Qf Section 4 is amended to read in its entirety as follows~ "The sonde maturing prior t~ June 15~ t993~ shall b~ subject to redemption prior to their stated maturities. The ~onds maturing on an~ after June I5~ 1993, ~hall be Subject to redemption at the Option of the County ~rier to their stated ~aturltles on er after June 19, 1992, in whole at uny time, or in part from time to time on any interest payment date in inverse order of maturity Iprovided that if less than all of the Bon~s of a maturity are called fur redemption, the particular Bonds of such maturity to b~ redeemed shall be selected by Lot), upon payment of principal amount of the Bonds to be redeemed together with the interest accrued ~hereon to tk~ date fixed for redemption plus a pzemium of one-quarter of one p~rtenh (1/4 of I%) of the principal amount of each sand to be redeemed for each twelve (12) me,th period or part thereof between the dat~ fixed for redemption and the stated maturity date of such Bond." SECTION 8. Ratification. The action of ~ke County Administrator in causing the Notice cf SKle to be published as described in Section 1 tercel, and in causing the Notice of Sale a Proposal for Purchase ~f $22,500,000 General Obligation Public 82-192 14. 14, ImproveMent Bonds, Seri~$ of 1992, and the Preliminary Official Statement To bo distributed, and the form and contents of the Notice of Sale, said Proposal and the Preliminary Official Statement~ end all attlon~ and proceedings heretofore taken by thim Board, the County Admimistratcr and the other officers, employees, agents and attorneys of the County in connection wit the issuance and sale o~ the Bonds, are hereby ratified and confirmed. SECTION 9. PiliA~ o~ This Resolution. The County kttorne is hereby authorized end directed to ffle a copy of resolution, certified by the Clerk of this Eeard to be a tru~ correct copy hereof, with the Circuit Court of t~e County of Chesterfield. SECTION 10. Invalidity of Seoti0ns, Paraqraphs Provi$ion~. If any section, paragraph, clause ar provision of-- thi~ re~olution shall be hold invalid or unenforceable for any reason, the invalidity or unenforceabilitv of suck section, p&ragraph~ clause or pr~vi~ion Shall not ~ect any of the remaining portions of this resolution. gECTION Il. Headings of Eections. The headings of the uections of thi~ ro~olution $ha!~ be solely for convsnlenc~ of r~ference end shall not affect the m~ening, construction, interpretation or effect of smnh sections or of this resolution SECTION 12. Effective Date. Thi~ resolution shall effect large,lately U~On i~s adoption. The Beard being polled, the vote was a~ ~. O'Neill - Aye ~rs. ~irone Aye Mr. Bookman Aye Mr. Daniel Aye Mr. Dodd Aye On motion of Mr. ~ookm~, SeCOnded by Mr.. Bani~l~ the Moard wet into Executive Session to ~i$oues legal matters am permitted by ~eotion 2.1-344 (a} (6) of the Code of Virginia, 1950, as amended. Vote: Unanimous Recenveninqz The Board attende~ the Police Department ~emorial Servic~ a% Trinity United ~ethogi~t Church at lc00 p.m. On motion nf Fhr. Daniel, ~eoonded by Mr Dodd, the Beard went in~ Executive Session go discuss legal matters as permi=~ed by Section 2,1-344 (a) (6) of the Code of Virginia~ 1950, Re amended, vote: Unanimous Reuonvenin9: On motion of Mtn, Circle, seconded by Mr, Book, an, tho Board adjourned at 3:45 p.m. until 10:00 a,m. ce May 26, 1982. Richard %. -~ediick County Administrator (E MerIin O'Neill; ~r' ' Chairman 82-193