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03-23-1988 MinutesBOARD OF SUPERVISORS MT~u'r~S F~/{CH 23, 1988 Mr. G. H. Applega=e, Chairman Mr. M. B. ~ullivan, Vic~ Chairman Mr. C. F. Currin, Jr. Mr. Harry G. Daniel Mr. Lans B. Ramsay County Administiator Legislative Coord. MS. Joan Dole~aI, Clerk to the Board Chief Robert ~anes, Fire Department aery. Mgr., Social Service~ Dept. Deputy CO, Admin., Management Services ~r. William H. Howell, Dir., Sen. Services Mr. Thomas E. Jacobsen~ Dir. of Planning ~r. Robert Masden, Dupu~y do. Admin., Mr. Richard McElfish, Mrs. Pauline M~tchell, Development Mr. Jay $tegmaier, 9ir. of Park~ & aec. Dir. of utilities Mr. Frederick Willis, ~r. Applegat~ called the meeting to order at 9=10 a.m. (EST} First Congregational Christian Church, who gave the invocation. 2. PLEDGE OF ~T.T.RGIA~C~- TO T~E FLAG OF ~'"~ U~MZ~D STAI~S OY A~H~R/CA The Pledqs of Allegiance to the Flag o~ the United States of 88-146 3.A. FEBRUARY 24~ t988 On motion of Mr. Currin, seconded by Mr. Sullivan, the Beard appreved the minutas of ~ehruary 24, 19~8, as amended. ~.~. ~ECE 8, 1988 On motion Of Mr. Mayas, seconded by Mr. S~lliv~n, the Board approved the minutes of Ma~ch $, 198~, as submitted. 3.C. MARCH 9, 1988 On motion of Mr. Sullivan, seconded by Mr. Mayas, the Hoard approved the minutes of March 9, 19SE, a~ submitted. Mr. Ramsay reported that during the recent trip to Norway he met with several indu~triem who a~m imterested in locating businesses in ihs Unite~ Stat~s and may he potential ~andidate~ for the scancenter project at the Airport; also met with the bepu:y Minis=er of sweden who was vsry positive regardinq the Couney'~ Continuing involvement with hi~ country's induskrial develo~ent; and stated he felt the trip was very succe~m~ul. Mr. ~sey ~ecognized Mrs. Mary Arlin~ MaC. ire, County Treasurer, who as of March 1, 1988, c~lgbra~ed forty year~ sgrvice wi%k Ch~ster~ield County and briefly outlined her professional background and achievements. Mrs. McGuire expressed her appreciation an~ pleasure at being a me.er of Chesterfield County's winning team. Planning Organizatioo (M~0) met with Seure=ary of Commi$sio~or 0~¢~r Mabry to discuss the funding :e~ourc~s for the Chipper~ham/Labnrnum Connector other industries would be locating in the County, Mr, Applegata reiterated Mr, Carrie's remarks regarding Japanese trip and added he felt Waco Chemicals wo~ld he a great Budget Committee woul~ be m~etinq on Thursday regardin~ the Utility Rats ~tudy, and information r~lative $e ~ha~ meeting ~.. ~QUESTS TO POSTPON~ ACTION~ ~RG~qC~ ADDITIONZ OR CHANGEH I~ 'r~U~OHDER OF PRESENTATION On motion o~ Mr. Daniel, seconded by ~r. Mayer, th~ Board added Zearinq D~te to Con~ider the Appropriation of Fund~ for the 1988 Water and Bower Bond Refinancing? added Item Ii.K.i., Set a Public Hearing Date for Consideration of the B~dget for the Five-Year Capital Improvement Program; added Item I1.K.2., Sot a Public Hea~ing Date to Accept Candidatss for Appointment to the School Doard from the Matoaca Magisterial District; and adopted the agenda as amended. 7. I~:~O~.~I'X'XO~$ ~ SPECIAL I~ECO~NITIONS ?.A. TH~ HONORABLE JOHN E, DODSON, UPON P~G~ION AS JUDGE OF 12TH JUDICIAL DISTRICT On motion of the Board, the following r~solutlon waa adopted: ~AS, John ~. Dod~on $erve~ the County of Chesterfield ~=~S, John E. DodsOn nerved the Judicial System o~ Chesterfield County when he was appointed Substitute Judge of Che~terfi~l~ County and Colonial Heights General District and Juvenil~ and Domestic Relation Courts on $~ly 1, 19~0; and W~E~AS, John E. Dodson served the Judicial System of Chesterfield County when he was appointed as Judge o~ Chesterfield County and Colonial Height~ Gen~rat District Courtn on July 1, 1983~ and WHE~AS, John E. Dod~on became the Chief Judge of Che~terfield County and Colonial Heights General District Court in May~ 1986; and WHE~AS, John E. Dodscn has served hi~ co~unity as an effective adminiDtrator and dedicated $~rvant o~ th~ p~ople in pur~orming all of the obligution~ of his post and will leav~ the Be~¢h as G~ner~l District Judge for Chezterfield~Colonial Heights on ~pril 1, 1988. NOW, THEREFORE BE IT RESOLV~D~ that ~h~ Chesterfield County Boar~ of Supervisors hereby recognizes and extends un behalf of it~ me~ern and %h~ ei%i~D$ of Chesterfield CODD~y, appreciation for the dedicated and loyal servica of John E, Dodson which experience will be sorely missed. AND, B~ IT FURTS~R ~$ObU~D, ~hat a plaque inscribed as follow~ be pre,eared tc John E. Dodson~ IN ~P~CIATION FOR DEDICATED SERVICE TO CHESTE~IELD COUNTY Vote: Unan~ous ex%cured r~solu%ion and plaque. Judge William R. Shelton, Judge Herbert C. Gill, Jr. and Mr. Rca Livingston, Cl~rk o~ the Circuit Court, w~r~ pre,eat and e~tend~d their appreciation for his servic~ and assistance. VIRGINIA'STATE UNI%~R$ITY FOR ACEIEVRM~NT~ DURING UASKETBALL SEASON On motion of the Board, the following re~Olution wau adopted: WHEREAS~ During the 1987-88 Basketball Season the Virgini~ State University Trojanette~'wer~ recognized, for placing third in the CIAA Northern Divimien, ranked among the top twenty teams £n America; and 88-148 team with Trojanette Kammy Brown beinq named most v~luable player of the tournament; and Tournament Coach with twenty victories for the second recognize~ as CIAA Players of the Week, finished third in :he CIAA Northern Divi~ion~ had one player selacted for the All Conference Team and four players selecte~ for All Tournament Te~ wi%~h a Trejanette acquiring the CIAA Most Valuable Player Awar~ and another receiving the CIAA Academic Scholarship WHEREAS, During the 3987-@8 s~as0n the Virginia State Competition~ and WH~J~AS, The participants, coaches and fans exhibited sportsmanship, tremendous effort and dedication throughout the their display cf talent~ sportsmanship and leadership. attalne~ through eooperativ~ ~ffort$ by both the County and Dr. Richard Dunn, Dr. Leon Bey and Mr. HaroLd A. Dean, . commended them fur their outstanding achievements. ?.C.E.I. DUPOET DE NEMOURS & CO.¢ INC. FOR ~PONSORS~IP OP 1955 WINTE~ ~ECTUK~ S~IE~ On motion of the Board, the following resolution was adopted: WHEREAS, The Chesterfield County Parks and R~creati~n Department functions to positively effe=t tlu~ quality of life in ches=erf~el~ coon=y; and story ~f the journey. C~unty Boar~ of Supervisors does hereby recognize ~. I. DoCent presentation by Ms, Ann Bancroft, the only female member of the 88-149 Mr. Appleqate presented Mr. Mike Wall, Manager of Kealth and Environmental A~feirs for Dupont, with the executed resolution. Mr. Wall presented the seard with a check in the a~cunt of $1,258 and a copy of a book entitled, "North Eo the Pole". 7.D. N. B. GOODWYN & SONS LUMBER FOR CONTRIBUTION FOR CONSTRUCTION OF BOARDWALK AT iRON BRIDGE PARR On motion of the Board, the following resolution was adopted: Department function~ to positively ~ffect the quality of life in Chesterfield County; and ~ER~ASt W+ R, ~ood~yn s Sons ~umb~r, In~, donated the lumber needed to make possible the construction of a 1,200 foot boardwalk in Iron Bridge Park; and WfF~REAg, This boardwalk has s~rv~d to mak~ t~e park more aooesslble and ~o preserve and interpret ou~ County'~ natural r~sources; and W~ZREA$, This project would nor have been possible wikhout ~ueh ~upport. NOW, THE~FORE BE IT ~SOLVED, that the Chesterfield & So~ L~et~ Inc. for i~s generous contribution to the Parks and RecreatiGn Department and to the citizens of Chesterfield County. appreciation and grat~tud~ to N. B. ~ood~n & Sons L~ber, Inc. Vo~e: Unan~ous Mr. A~I~qate presented Mr. ~a~rfce Beck, President, Mr. RU~S Beck~ III~ Uice President and ~enera] Manager~ and Mr. Maury Beck, Controller, of N. B. Good~n & Son~ L~b~r, Inc., with T.E. DECLARING APRIL, 1988 AS "CHILD ABUSE PREVENTION ~0NTH" On motion of. the Board, the following r~sol~tion was adopted: WHEREAS, Child abuse and neglect is a reality that touches all segments cf tbs sommunity c~ Chesterfield County~ and WH~R~A$~ tbs Chesterfield County Board of Supervisors believes that children are best served in thei~ own homes and that the factors that crea~e child mistreatment can be addressed with ~upport WMEE~A~, The ce~nn]unity service agencies =nd private. citizens have joined hands to strengthen the famili~' ability to provide apprepriate care and guidance of their children? and WHEREAS, The Chesterfield County Board cf Supervisors recognizes and suppurts the efforts tu rssolve the issue of child abuse and neglect in our locality. NOW, T~B~FQR~ S~ IT R~SQLV~D, ~at the month of April, 1988 b~ proclaimed '~Ch/ld Abuse Prevention Month" and that this resolution be called t0 the attention Gl all citizens. Vote: Unanimous 88-150 Mr. Applegate presented the executed resolution to Ms. Susanne the problems involving child abuse and neglect. 8. HEA]~IN~S OF CITIZENS O~ ~NS~HEDUI~D ~TTERS OR CIAI~S There were no hearings of citizens on unscheduled matters or claims. o STREET LIGHT INSTALLA~0N C0~T A~ROVAL On motion cf Mr. Coffin, seconded by ~r. sullivan, the ?card denied the re,est for a street light installation at the end of Tazewelt Stxest in Bermuda District as there had not been sufficient information to determine the necessity for the ins=allation. 30. PUBLIC~RINGS 20.A. TO CONSIDER AN AMENDMENT TO PY28 BUDGET BY AWNING FUND~ IN TEE AMOUNT OF $1,81~,000 ?OR CONSTRUCTION OF NEW FIRE public hearing to con~ider a~ending the FYBB Budget by $1,810,000 to complete construction cf three new fire stations and the acquisition of related equipment for said stations. He indicated completion of these stations is anticipated for ~pring, 1989. No one ca~a forward to speak in favor of or against the On motion of Nr. Daniel, seconded by Mr. Sayes, the appropriated $1~810~000 in additional fund~ for construction of the Dale, Airport and Robions ~ire sUations and the acquisition of related equipment for said stations from the following internal project funds and general fund source: 1. $1,244,000 in projec~ funds budge%sd for fire engine~ pumper~; - 2. $217,0Q0 in proj~ut fuada budgeted for station ~quipment and furnishings; 3. $264,0~ in general funds budgeted for fire apparatus; and 4. $85,000 in general funds budgeted for public safety radios~ (it i~ noted the above items, which total $1,81D,~00, will be purchased with les~e purchase procsede~ thereby allowing th~ budgeted fun~s to be tran~err~ to the Fire Station And further, the Board authorized 'the Count¥~Administzator to the construcCiQn of the three stations. 10.B. TO CONSIDER ISSUANCE OF NOT TO EXCEED $65,000,000 WATER ADVANCE OF STATED 5L%TURITIES ABORTION OF COUNTY'S OUT- STANDING WATEr AND ~EWEK ~VENUE BONDS~ SERIES 1985B Mr. Micas stated this date and t~e had been advertised for a public hearing to =onsider authorizing th~ issuance, sale and g$-lS1 delivery of ~he Sarie~ 19~8 Water and Sewer Refunding Bonds. NO one oam~ forward to speak in favor of or against the matter. On motlun of Mr. Sullivan~ seconded by Mr. Curt±n, the Beard adopte~ the following resolutions= I~0LUTION AUTHOI~IZING T~ ~0~ P~SED ISSU~C~ OF CO~ OF C~S~!E~, VIRGINIA, WHE~S, the County of Chesterfield, Virginiu (thc "County'S), has previously issuad $61,160,000 principal ~ount of County of Chest=rfield, Virginia, Wa%er and Sewer R~v~nue BondS, ~eries 19~, dated Sept=mbur 1, 19~5, a!l u~ which are WHEREAS, the Board of Supervisors of the County "Board"} deems it in the be~t interest of the County to refund a portion or all of the $51.705,0O0 ~rlncipal amount oi the series 1985B Bo~ds maturing on NOVemb=r 1 in each ~f th= ~996 through 20~1, both inclusive, 2005 and 2010, in advance their stated maturities, subject to the approval of the state Council on LOCal Debt an4 depending o~ market'conditions at th~ t~e of sale, from the proceeds o9 a propesed issua of County of Chesterfield, Virginia, Water and Sewer Rev~nu~ R~funding Bonds, Series 1988 (the "Serie~ 1988 Bond,"), and other available monies; and WM~S, ~he Board has datelined it im desirable and the best interest of the Cuunty %o sell fha Series 1988 Bonds at ~go=ia=ed sale; and ~E~S, in connection wi%h the negotiated sole of the Series 1988 bonds the Board has datelined that it advisable to authorize th~ County Adminis=rator =c sign all necuuuary dec--ants for th~ bond issue in an amount not NOW, TEE~FO~, BE IT ~SOLVED BY THE BOARD OF SUPERVISORS SECTION 1. Authorization ,of County Administrator to Execut~ Dec.ants. The Board hereby authorizes Lane B. R~sey, documents {including a purchase con~rac~) in connie=ion Refunding Bonds, Series 1988, such bonds ~o be. in an amount not COu~'rx OW CR~-~T~RFIELD, VIRGINIA ~ DEL~ OF [NOT TO ~'RRD] $65,000,~0 A~ PRINCIP~ ~ 0F ~R ~ WHE~S, on July 24, 19'85, the Board of Supervisors (the "Board"} of %h~ County of Ches=erfield, Virginia "County"), adopted a re~olution ~ntitled, "RE~OLUTION OF BOA~ OF ~UP~VI~QAS OF THE COUNTY OF CHESTE~IELD~ VIRGINIA~ AUTBORIZING THE ISSUANC~ OF WATER ~D SE~R REVENUE BONDS OF THE COUNTY OF C~BSTERFIELB, VIRGINIA, AND PROVIDIN~ ~OR THE %he "Bond Resolution"}! authorizing the issuance of the "County of Chesterfield, vitriols, Water and Sewer Ravenna Bonds" (hereinafter referred to am th~ "Bonds"); and WHEREAS, On A~g~st 28, 1985, the Board adopted a reselution entitled, "SECOND SUPPLEMENTAL BOND RESOLUTION AUTHORIZING AND PROVIDING FOR T~E ISSUANCe, SAL~ AND DELIVERY OF $61,160,~Q~ AGGREGATE PRINCIPAL AMOUNT OF WATER AND SEWER REVENUE BONDS, SERI~S 19~SB, DATRD AS OF SEPTEMbeR 1, 1985 THE COUNTY OF CHESTERFIELD, VIRGINIA" (hereinafter referred te as the "~e¢Ond Supplemental Bo~d Resolution"), authorizing the imsusnce cf the Ccnnty of Chesterfield, Virqinia, Water and 1985 (the '~iRSSB WBEKEAS, the Board has determined %hat it is advisable for the County tO authorize =he issuance, sale and delivery of a Seri~s of Bonds to be issued under and pursuant to th~ Bon~ Resolution in the aggregate principal amount u~ (oct to exceed Sixty-Five Million Dollars ($65;080,000)], such $~ries of ~oAds ~o be designated as the "County of Bonds, Seri~s 1988" (hermina£ter de,load as the "1988 Bonds"); WHEREAS, it is eentemplmted that the proceeds of the I988 ~onds, together with other available moneys, will be applied to refund and defee~e the 1985B Bonds mmtBring on ~ovember 1 in each of th~ years [199~ through [2001] ~ Both inclusive, [2005] and [2010], which are currently outstanding in the prins~paI amount of $ (the "Refunded Bends"), and in connection therewith ~he County intends to enter into an Escrow Deposit Agreement, dated as [May 1,] 1988 (the "Escrow Deposit Agreement"), by ~u4 between Signet Trust Company, the Trustee ~nder the Bond Resolution {the "Trustee'~), a~ Escrow Agent, and the County; NOW, THEREFORE, BE IT RESOLVED ~Y TH~ SUPERVISORS OF T~E COUNTY OF CHESTEREIELD~ VIRGINIA: DEFINITIONS ~OAHD OF SECTION 1.1. Definitions. Unless the context shell clearly indicate som~ ether meaning, all the words and terms ~sed in this Third Supplemental Bond Re~olntion which are defined in A=ticts I of the Ben~ R~solu=ion ~hall, for the ~urposes of thi~ Third supplemental Bond Resolution, have the respoc%ive meanings give~ to them in the Bond Resolution. Unless the context shall clearly indicate s~me other meaning, th= following t~rms shall, for all p=rpose~ of the Bond R~$Ol~tiOn and of any eertificate~ resot~ti0n or other instrument amendato~y thereof or supplements1 thereto (including for all purpese~ of this Third $npplemencal Bend R~solution) and for ell purposes of any opinion or' inst~ent or o~her ~ecu~snt therein ~enticned, have the following meanings, with the following definitiOnS tO be equa!ly aDplicable to both the singular and plural forms of Such turms and vice versa= "Bond Purchase Aqree~t" ~hall mean the Bond Purchase Agreement dated [April 13]~ 1988 by and betwaen the Bonds to the Underwriters. "Bond Re~olution" shall mean ~he ~olu%ion adopted by the ~oar~ on July 24, 1985 entltl~d, "~SOLUTION OF T~ BOA~ OF SUPERVISORS 0F THE COUNTY OF CHESTE~IELD, VIRGINTA~ AUTHORIZING THE ISSUANCE OF ~IATER AND SEWER REUENUE BONDS OP TE~ CQUNTY OF CE~STB~FIELD~ ¥IEGINIA~ AND PROVIDING FOR THE SECURITY OF TKE HOLDERS THEREOF". "Escrow De, oBit Agreement" shall mean the Escrow Deposit Agreement, dated as of [way 1,] 1988, by and between the County and the Trustee, as Emcrow Agent thereunder. "1~88 Bonds" ~hall mean the Bond~ authorized in Section Z.1 of this Third Supplemental Bond Resolution and i~ued under the Bo~d R~o~ution sad ~his'Third Bond Resolution at any time Outstanding. "1986 Code" shall mean the Internal Revenue Code of 195~, as amended, and the r~gul~tiens promulgated by the United States D~partmcnt of the Treasury thereunder from time to time. "Official statement" shall mean th~ official Statement of the County relating to the 19~ "Breliminar¥ official statement" shall mean Preliminary Official Statement of the County dated [April __], 1988 relating to the 1988 Bonds. "Refunded ~on~s" shall mean the County Chesterfie%0, Virginia, W~er ~nd ~ewer ~on~s, $erle~ dated as of September 1, 1985 and maturing on November 1 in each of the yearg [1996] throuqh [2~01], both inclusive, [2005] and "Third Supplemental Bond Resolution" shall mean this Third Supplemental Bond Resolntion~ "Uuderwrit~r~" shell mean ~nd the oth~r firms listed in the Bond Purchase Agreement_ Unless the context shall clearly indicate otherwise or otherwise reguir~ (i) ail references in this Third suppl~ental Bond R~olution to the Bond Resolution (without specifying in such references any particular art~cl~ er ~ection of the Bond Resolutionl ~hall be to the Bond Re,ti=rich as amended and supplemented; (ii) all references by number in this Third Supplemental Bond Resolution to a particular article or section of the Bond Resolution shall be to the article or section of that number of the Bond Re~olution, and if ~uch article or section shall have been amended or supplemented, (iii) all references by nnmb~r in this Third Supplemental Bond Supplemental Bond Resolution shall be only to the article or to this Third Supplemental Bond Resolution only and to this Third Supplemental Bond Resolution as a whole and not to any particular arnicle, section or subdivision hereof; and the subdivision thereof. ARTICLE II AuT~OP~t~ATION OF 1988 SECTION 2.1. Authorization of 1988 Bonde. (a) Tel ~he purposes of providing funds for ~he re~unding of Refunded BO~dS~ theft a~e hereby authorized to be shall be issued, under and secured by the Bond including this Third Suppl~uenta! Bond Resolution, a series of Bonds in the aggregate principal amonnt of [not to Sixty-Five Million Dollars ($65,000,000)] to be designated "County of Chesterfield, Virginia, Water and ~w~r ~evenue Refunding Bonds, series 1955" (herein defined and referred to a~ the "1988 (b) The 1988 Bonds shall be dated as of [May 11, 1988; ohm11 be issued in fully registered form: shell be in th~ denomination of $5,000 or any integral multiple thereof; and mhall be numbered or lettered, or bothr as shall be d~tefmined by the Trnatee, which number or letters to have ~he le~er "K" prefixed thereto. The 1988 Bonds shall be exchanqeable for other 1988 Bonds in fully registered form, all as provided in Section 3.3 of the Bond ResoLution. The 1988 Bonds may contain $~¢h v~zi~ti0n$, omi$~ion~ and insertions as are incidental tm such differences in their numbers, denominations and forms. (c) The 1988 Bonds shall bear interest from their ~cheduI~ below, payable on November 1, 1988 and semiannually on ~rincipal Interest Principal Interest Year Amount gate Year Amount Rate t988 $ % 1998 $ % 1989 %999 1990 2000 1991 2001 1992 2002 ~993 2003 1994 2004 t995 2005 1996 2007 1997 . 2010 (d) The Trustee is hereby appointed as ~he Registrar and the.Paying ~gent for ~h~ ~9~$ Bonds. SECTION 2.2 Provisions for Redemption cf 1988 Bon4s. la) ~he 198~ Bond: maturing before No,ember 1r t997 ~hall not bs radeemabl~ prio~ to their state~ maturities. {b) (i) Th~ 198g Bonds maturing on November 1, [2007] shall be subject to mandatory sinking fund redemption from Sinking Fund Payments made in accordance with fha previsions of the Bond Resolution and to payment at ~aturit¥ on November I in each of the years and, in the principal amounts s~t forth below, at a redemption price equal to the principal principal amount to th~ 4~te ~ixed for redemption: Year Principal Amount [2007] (ii) The 1988 ~onds maturing un November 1, [2010] ~hall be ~uhjeet to mandatory sinking fund redemption from Sinking Fund Payments made in accordance wi=h the provisions of ~he BOnd RuuOlution and to payment at maturity on ~ovem~r 1 in each of the years and, in the principal amounts set forth below~ at a redemption price equal to the principal am©put redeemed, together with the interco= accrued on such principal amount to the date fixed for redemption: 88-155 [20081 [20lO] Principal Amount (c) The 1985 Bonds maturing on November 1, [1998] and thereafter shall be subject to redemption prior to their s~ated maturities, at the option of the County, from moneys on deposit in the Redemption Fund c~eated and established by the Bond Resolution cT from other available moneys of the County, on and after November 1, [1997]t as a whole at any time, or in order as th~ County may determine, at the respective r~demption prioes (expressed as a percentage of the principal amount to be redeemed) set forth below together with th~ interest accrued on such princLpal amount to the date fixed for redemption= Period During Which Redeemed (Both Dat~ Redsmption Price Movember l, [1997I through October 31, [1998] 102 % November 1, [1998~ through october 31, [1999] 1Ol 1/2 ~ovembsr 1, [1999~ through October 31, [2000] November 1, [2000] through october 31, [2001] 100 1/2 November 1, [~00II through and thereafter (d) (i) Notice of the redemption of any 1988 Bonds shall be given in accordance with the provisions of Section 6.5 of the Bond Eeselution. [ii) If less than all the 1988 Rends of a maturity are to he redeemed, the Bonds of such maturity to be redeemed shall be selecte~ as provided in Sestion ~.4 of the Bond Resolution. ~iii) Any r~d~mption of 19gg Bonds shall have th~ effect as is provided in Section 6.6 of the Bond Resolution. g~CTI0~ ~.3, Sals of' 1'958 ~en~s. The sale o~ the 1988 Bonds to [the Underwriters] a~ provided in the Bond ~urchsse Agreement for a purchase price of $ , plus scorned interes~ thereon from [~ay 1,] 1988 to the date of the delivery of and payment for the 1~88 scads, is hereby approve~. SECTION 2.4. Execution and Form of 1988 Bond~; Rook-~ntr¥ System. {a) The 19~$ Bonds shall be executed and authenticated in the manner and with the effect set forth in Section ~.10 of %he Bond Resolution. (b) The 19~8 ~on4e shall be initially printed for~ in %he denomination of $~,800 or any integral multiple thereof, as specified by th~ Underwriters. The 19~ Bonds shall be isguabl~ in the form, denominations and maturities specified in Section 2.1 of this Third Supplemental Bond R~solut~on. (u) CUSIP i~entifioation numbers shall be printed on the 1988 Bonds~ but such numbers shall net be deemed to be part o~ ~he 1988 Bonds er a part of tbs contract evidsnemd thereby and no liability shall hereafter attach to the Cennty or any of the e'fflcers or agents thereof because of or on account of Such CUSIP identification numbers. (d) Th= 1988 ~onds will b~ issued in fully registered foz~ and r~gist~refl in the n~ of C~d~ & nominee of Th~ D~po~itory Trust C~pany, New York, New Yerk {"DTC"), as registered owner o~ the 1988 Bond~, and i~obilized in the custody of DTC. One fully registered 1988 Bond for the principal ~ount of eachm4turi%y will be registered to Cede & Co. Beneficial owners of 1988 Bonds will not receiv~ physical be made in hook-entry form only in principal mounts of $5,000 an4 integral multiples thereof. Principal, premium, if any, and interest payments on the 1988 Bends will be made to DTC or its nominee as registered owner of such 1988 Bonds on the applicable payment date. Traesfer of principal, premium, if any, and in%crest payments to the participants of DTC, which include securities brokers and dealers, banks~ trust companies, clearing corporations and certain other organizations (the "Participants") i~ the r~sponsibili~y of DTC. · Transfer cf principal, premium, if any, and interest payments to beneficial o%rners cf the 1988 Bonds by the Participants is the responsibility of the Partisipants and other nominees of S~Ch beneficial owners. The Trust~a shall Ro%ify DTC of any notice sequined =o be given pursuant to the Bond Besolution~ as supplemented by this Third Suppl~m~nta~ Bond Resolution, ~ot less than fifteen (15) calendar days prior to the date upon which ~uch notice i~ required to be give~ ~ that the failure to provide such notice to DTC ~hall not ln=alidate any action taken or notice given by the Trustee hereunder. Transfer of ownership in,crests in the 1988 Bonds ~hall be made by DTC and its Participants, acting as nominees c~ the b~neficial owne/s of the 1988 Bund¢, ~n accordance with rules specified by DTC and it~ Panticipants. The Trustee mak~ no assurances that DTC, its ~ar=ioipants o~ Other nominees of the beneficial own~r~ of the ~9~8 Bonds will act in accordance with such rules or un a timely basis. (e} Replacement 1988 ~oa~s Ithe "Replacement 1988 Bonds") will be issued directly to beneficial owners of 1988 BOn~S ra~her than ~0 DTc, or its nominee, but only in the event that: (i) DTC determines not to ~ontlnue to act am (ii) The Trustee hae advised DTC of its determination that DTC is incapable of discharging, its duties; or (iii) The Trustee has aet~rmlned that it is in the best interact cf the beneficial owners of the 1988 8ends not to Upon ¢ecur~en=e of th~ events described in (i} or {~i) above the Trnmtse shall attempt to locate another qualified securities depository. If ~he Trustee fails to locate another ~naliCied securities depository to replace DTC, the T~ustee shall ~×ecute and deliver Replacement 1988 sends substantially in the form set forth in EXhibit A attac~ud hereto to the PartiG~pants. I~ the event the Trustee ~akes the determination noted in {ii] or (iii) above (the Truste~ undertakes no obligation Co make any investigation to determine the occurrence Of any events that would permit the Truste~ to make any s~¢h determination) and has made provisions to nctlfy the beneficial owners of 1988 Bonds by mailing an appropriate notice to DTC, th~ Trustee shall mxecute and deliver'Replacement 198~ BOnds substantially in the form sst. forth in- Zxbiblt A attached hereto ~O any Participants making a request for such Replacement 1988 Bonds. The Trustee shall be entitled to r~ly O~ th~ records 9rovide~ by DTC as to the Participants entitled to receive Replacement Certificates. Principal of, premium~ if any, add interest on the' Replacement 1988 Bonds ehall be payable as provided in Section 2.1(c) hereof, and ~ueb Replacement 1988 Bends will be transferable and exchangeable in accordance with Sections 3.3 through 3.6, inclusive, Q£ the Bond Resolution. 88-157 (f) The 1~8 Bond~ shall he in substantially the form set forth in Exhibit A attached hereto. SECTION 2.5. A~proval of ~orm of Bond Purchase ~.~eement and Term$~ Conditions and Provisions Thereof; Execution and Delivery of Bond Purohas~ Agreement. The form of the ~ond Purshase Agreement presented to the meeting of the Board at which this Third Supplemental Bond ~esolu~iou is being adopted, s copy si which is attached to thi~ Third Supplemental Bond Re~olution a~ Exhibit B, ~nd th~ terms, conditions an~ provisions thereof, ere hereby approved, ratified and confirmed by th~ Board, ~nd ~he Chairman of the ~oard is hereby authorized and directed to execute and deliver to the Underwriters the 'Bond Purchase Agreement in such form, together with such changes as shall be approved by the Chairman of the Board upon advice of counsel (including sen4 counsel}, such approval to be conclusively evideeced by his execution thereof. SECTION 2.6. Approval of Form of Escrow Deposit Agreement and Te~ms, Conditions and Provisions Thereof; Execution and Delivery of Escrow Deposit Agreement; Desipnntion of Refnnded Bonds ~or Redemption. (a) The form of the Refunding Trust Agreements presented to and filed with the ~inutea of the meeting of th~ Board at which ~hi~ Third Supplemental ~ond Resolution i~ being.adopted, ecpia~ cf which are attached to this Third Supplemental Bond Resolution as Exhibit C~ and the terms~ conditions and provisions thereof~ are hereby approved, ratified and eocf£r~ed by the Board, and the Chairman and the Clerk of the Board a~e hereby authorized ~nd dlreet~d to e~ecute and ~eliver to the Escrow Agent the Escrow Deposit Agreement in such form~ together with ~uoh changes ~s shall be approved hy the chairman and tke Clezk of the Board ~pon the advi¢~ of counsel [including Bond Counsel) ~ such approval ~o be conclusively evidenced by their execution The Board declares that the amount cf ~ on deposit in the Debt gervioe Reserve Fund with respect to the Requirement for the Bonds to be outstanding upon the defeasance of the Refunded Bonds and directs the Trustee to d~posit such amount into the 1988 Escrow Deposit Fund (as created by and defined in the E~erow Deposit kgreemeDt). (b) The Deard hereby designates the Refunded Bonds for redemption on November l~ 1995 in accordance with the provisions of Section ~(b) of the B~crow Deposit Agreement. SECTION ~.7. A~roval of Preliminary Official Statement and Official ~ta=ement; Execu:icn and Qeliver¥ of Official Statement. The Preliminary Official Statement presented to the meeting of the Board at which this Third Supplemental Bond Resolution is ~elng adopted and filed with the minutes of such masting iz hereby approved, and ~he Chairman of the Board and th~ County Administrator or Acting County AdminiStrator are hereby authorized to execute and deliver to th~ Und~rwrit~r~ the 0ffiG~aI Statement substantially in the form of the Preliminary official Statement presented to' and filed with the minute~ of' $~eh m~ting, together with such changes ss shall be necessary to reflect the final details uf the 1988 Bonds am approved in this Third Supplemental Bond Resolution and the ter~s Of the municipal ~ond insu~ano~ referred to in 8action 2.8 and as shall be approved hy the Chairman of th~ Board and the County Administrator upon advice of counsel (including Bond Counsel}, such approval to be conclusively evidenced by their execution thereof. SECTXON 2.8. A~lieation of Proceeds cf 1988 Bond~. The proceeds of sale o~ the 198~ Bond~ flhall "b~ applied a~ follows: (a} the a~cunt $ , being an amount equal to the accrued interest on the 1988 Bonds fro~ May 1, 19S8 to the date of delivery thereof and payment therefor shall be deposited with the Trustee in the Debt ~ervioe Fund in aoe0~danee with the provisions of the Bond Resolution and applied on November 1, 1988 uo uhe payment of the interest payable on the 1982 Bonds on such dat~; and {b} the amount of $ , being an amount equal to the Debt Service Re~erve Requirement with re~pec~ to Debt Service Reserve Fund in accordance with the provision~ of the Bon~ Resolution. (c) such amount as shall be determined by the Treasurer shall be deposited with the Trustee as Escrow Agent under the Escrow Deposit Agreement and applied, together with other available moneys of the County se deposited thereunder, as provided therein. SECTION 2.9. Investment of Funds and Accounts Under ~end Re~olutlon. ~n ~coordance with Section 5.11(c) (i) of ~he Bend Re~olution, it is hereby provided that all income or by a Fund or Account held by the Trustee under the Bond Resolution due to the investment thereof shall be deposited in the Revenue Fund as Reven~e~ of the $~stem. S~CTION 2.10. Certain Findings and Determinations of the Board. The Board hereby ~inds and determines that: (1) The BOard is not in default in meeting any of the agreements, covenants and obli~atlons to be performed by the Bond Resolution; (2) Ail msndat~ry r~demptions, if any, of the Bonds required to have been made under the terms of the Bond Resolution or a supplemental resolution thereto have been made. SECTION 2.11. Conditions Precedent to Delivery e~ 198~ Bonds.' In compliance with the conditions precedent to the delivery of such Bonds presorlbed in Sections 2.4 and 2.5 of the Feud Re~olutlun, the. 19~$ ~onds shall be delivered only upon receipt by the Trustee {i) a copy of this Third Supplemental Bond R~solu~icn au%horising such Series, sertified .by =he Clerk or which th~ terms of the 1988 sends of such series ars specified, determiDotions of the ~o~rd that no default exists in the payment of the ~rincipaI of o~ interest and premium, if any, on any Bond, and that all mandatory redemptions, if any, of Bonds requir¢~ to have been m~de under ~/%e terms of the Bond Re~olution or any Supplemental Resolution shall have been made; {2) a Bond Cou:sel~s Opinion tc the effect that this Third Supplemental Bond Resolution has been duly and lawfully adopted and.is in full force and effect; {ii) the Bond Re~olution ha~ been duly and lawful~y adopted by the County is valid and binding upon, and enforceable aqainst, the County (except to the ~xt~nt that th~ ~nforcpability thereof may subject to judicial discretion, to the e~ercise o~ the sovereign police powers of the Co~onwealth of Virginia and 88-159 valid bankruptcy, insolvency, reorganization, moratorium and other laws affecting the relief of debtors); (iii} the Bond Resolution create~ th~ valid pledge which it purports to create of the R~venues and of moneys and securities on depomit in any of the Funds established hereunder subject the application thereof to %he purposes and on the conditions permitted by the Bond Resolution; and (iv) upoD the execution and delivery thereof~ th~ 1988 Bonds will have b~n duly and validly authorized and issued i~ ~c~crdance with tho Bond Resolution; (3) a written order as to ths delivery of the 19S8 Bonds and the application of Bond proceeds, signed by an Authorized 0f£ioer of the County; 'and {~) a Certificate of th~ Director o~ Budget that the 1988 Bnnd~ ar~ i~s=ed in complianc~ with the previsions of Section ?.ll(e) of the Bond Resolution, which Certificate shell be accompanied (i) by an Accountant's Certificate confirming the calculations set forth in such Certificate of Operatin~ Expenses, Debt Service and Debt Service/Additional Bonds; and (ill, if applicable, a Ce/~ificate of any firm of 7.11(c}(~) cf the ~ond Re~olution with r~specC to any pro forms analysis cf Revenues described in such Section 7.11(c) {1] o~ a Cmr£ificate of any recognized feasibility consultant in ~he field cf water and sewer financing cefe~fud to in ~=ctien 7.11 (c) (2) (B) with r~spmet to any projection of Revenues ~efor~ed to in such Seotion 7.Il{s) (2) (B) ~ and (5) in satisfaction of the requirements of Section 2.5 of the BQnd Kesolution, an executed original cf the E~crow p~ymen= of redemption o~ the 1988 Bonds, together with inS%ructions as to the giving o£ notlee of redemption, if any, of the 198S Bends. SECTION 2.12. Covenant ag to Compliance with 1986 Code. The County hereby covenants and agrees to comply with the provisions of Sectionm I03 and I41-150 of the 1986 Code applicable to the 1988 Bonds throuqhout the term of ~he 1988 Bonds. SUCTION 2,13. Approval of Execution of MunieLpal ~ond Tn~urance CoK~i~J~nt wi~h The execution by the County Administrator of the County o~ th~ commitment for municipal bond insurance with (the "Bond Insurer") in the form presented to and filed with th~ min~t~ of the meeting of the Beard at which this Third Supplemental Bond Resolution i~ being adopted end filed with the minutes of such m~sting is hereby approved~ ratified and ARTICLE III SECTION 3.1. Third Sushi=mental Bend Resolution is a "Suppl.mental ~e~olution" Under the Bond Reuolution; ~988 ~onds Ar~ "Bond~" und~ t~e Bond Resolution_ (8) This Third Supplemental Bond Resolution is adcpte~ pursuant to Ssctien~ 2.4 and 2.5 and Article VIII Of the Bond Resolution. This Third Supplemental Bond Resolution (1) supplements the Bond Resolution; {2) is hereby fO~nd~ d~termined and declared to constitute and to be a "Supplemental Resolution" within %he m~aning of the quoted words us defined and used iD the Bo~ Resole%ion; and (3) is iusued pursuant to and under the Authority Of th= Bond Resolution. (b) The 1988 Bonds are hereby found, determined and declaxed to constitute and to be ~'Bonds" within the ~aaning of the quoted word~ a~ defined and used in the Bond Resolution. The 1988 ~onda ~hall be entitled to the benefits, security and protection of the Bond Resolution, equally and proportionately with any other Bonds heretofore or hereafter issued thereunder; shall be payabl~ from th~ ReveDUO$ on a parity with all Bonds heretofore or hereafter issued under the Bond Resolution; ~hall rank a~ passe with all Bonds heretofore or hereafter issue~ under the Bond Resolution; and shall be equally end ratably secured with all Bonds heretofore, or hereafter issued under the Bond Resolution by a prior and paramount lien end charq~ On the ·evenues, without priority or distinction by reason of series, nnmber, date, date of sale, date of ~s~a~oe, date of execution and authentication or date of de!ivsry$ all as is more fully set forth in the ~ond Resolution. It is hereby further found, detarmlnad and declared that no default exists in the payment of the principal of or interest and premium~ if any, on any Send issued ~n~er ~he ~ond aesolntion and that ~all mandatory redemptions~ if eny~ of Bonds required to have b~n made under have.been made. SECTION 3.2. Fil£n~ o~ this Third Supplemental Bond Resolution with Circuit Court. The County Attorney be and hereby is authorized an~ directed to file a copy of this Third Supplemental Bond ResolutiOn, certified by the Clerk of the Beard to be a true an~ correct co~y thereof, with the Circuit COurt of the COunty O£ Chesteriield, Virqinis. SECTION 3.3. Effect of Articl~'and section Headings and Table of Contents. The headings er titles of articles and sectiun~ 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 Third Supplemental Bond Resole=ion. SECTION 3.4. Effectiveness of This Third Suppl~mmntal BOnd R~$olution. This Third 8upplemsntal Bond Resolution shall be effective from and after the adoption hereof by the ~oerd. No. R-1 I~TEI{E 8T ~ATE= DATE: I~GISTEI~D HOLDER: PRINCIPAL 88-I61 Thc County o£ Chesterfield (hereinafter referred to as the "county"), e political subdivision of the Commonwealth of Virginia, for value received, hereby auknowledges itself indebted and hereby promises to pay to the Registered Holder (named above), or r~gistered mssigns, but solely from the Revenues and moneys pledged to the payment hereof hereinafter specfffed and no% otherwise, on ~he ~at~ri~y Date (specified above) unless this Bond shall have been called ~ur previous redemption and paymenu of the redemption price shall have been duly made or provided for, the Principal Sum (~pecified above), and to pay interest on such Principal Sum, But solely ~rom such Revenues and moneys pledged to %h~ payment hersof hereinafter specified and-not otherwise, on the ~irst day e~ ~ovember, 19~8 and s~miannually on %he fif~t day of May and the £i~t day of November of each year =hereafter (each such dats is hereinafter referred to as an "intersst payment date"), from the date of the authentication hereof o~ from the intersst payment date next preceding th~ date of authentication h~reof to which interest shall have been' paid, unless such date of authentication is an int~re$~ pay~eDt ~ate, i~ which e~$e from such in%staRt payment date, or unless such date of authentication is within the period from the sixteenth (16th) day to tbs last day of the calendar month neKt preceding the following interest paymeat date, in which case from such following interest payment date~ such interest to be paid until the maturi%y or redemption hereof at the Interest Rate {specified above) per ann~m, by Check Or draft mailed by the ~egis%rar hereinafter mentioned to the Registered Holder in whose name this Bond is registered upon (FO~OF CERTIFICATE OF AU'a~TICATION) This Bond i~ one of the Bond~ delivered pursuant to the within-mentioned prooe~ings. Signet Trust COmpany~ Registrar kuthorized ~ignature Dated: , 1988 ~or value received assigns and transfers unto Plsase insert Social Security or other T~x Identifying Number of A~signe~ hereby sells, the within-m'enticned Bond and h~reby irrevocably constitutes and appoin~ , agent, to ~ransfer the same on the books of registry in fh~ principal oifice Of the Registrar with full power of substitution in the premises. Dated: Registered ~older 8ignatur~ Guaranteed: NOTE; The signature to thin assignment must correspond with the name as written on ~h~ face o~ the within Bond in every particular, without alteration, enlargement er any change whatsoever. ~O~40F ~OND PURCI~Z~AGE~F_.M]~ [to come] E~IBI~ C ~S~ D~SIT AG~ Thi~ Escrow Deposit Agreement, date~ a~ of [May 1], 1988 (the "Agreement" ), by and between th~ County of Company~ as Escrow Agent (the "Escrom Agent"}, W I TNE S S E T ~: ~E~S, ~he County ha~ hereeofofe i~ued $61,160,0 aggregat~ principal amount of i~s county of Chesterfield, Virginia, water and Sewer Revenue Bondu, dated as of Sept~ber 1, 19~5 (the "1985~ ~ond$"), maturing Demiann~ally on Norther 1, I985 aRd o~ each November 1 and May 1 ~%reafter to including November 1, 2010, and b~rln9 interest payable ~emiannually on Nove~ur 1 and ~ay 1 of each year; and WHE~S, concurrently wi~h the execution hereof, the County is issuing th~ $ ...... principal amount of Count~ of Chesterfield, Virginia, Water and ~ower ~evenue the proceeds of which, together with otker available moneys, will be used, for th~ pur~0~e 0f refunding in advance of their ~tat~d maeufities the t985B Bondn maturing on November 1 each of the y~ar~ [I99~] to [2001], bo~ inelugi~e, [2005] and [2010], as more fully described in ~xhibit I hereto, which currently outs~anding in the principal ~oUnt of $ (the "Refunded Bond~"); NOW, TM~F0~, in consideration of the foregoing and o~ the mutual covenants herein set ~orth, the County and ~e SECTION 1. Pledge of I9~8 Bond Proceeds and 0~h~r Available Moneys. TO provide for th= pa~ent o~ the princip$t Bonds, plus interest 0~ s~ch Refunded Bonds to the maturity or deposits with the Eucrow Ag=hr, to be hsld by the Escrow Agent %mst for the benefit of the owner~ of the Refunded Bonds, and conditions h~reinaft~r ~e~ forth, the ~ount of $ ~erived ~rom the proc~d~ .~f sale of the I988 Bonds and o~her available money~, being an ~ount which the County and E~orow Ag%n% ag~e~ i~ sufficient to p~rchase the Government B8-163 Securities (as hereinafter d~fin~d) and to refund and deflate thc Refunded Bonds. Such amount shsll be deposited by the re~erred te and invested and applied in the manner and for the purpose hereinafter set forth. The Escrow Agent acknowledges receipt ~i the Deposit of Geve~r~nt Securities. There is hereby created established with the Es=row 'Agent a special and irrevocable trust fund designated th~ "County of Chesterfield, Virginia, Water and Sewer R~¥enue Refunding Bends, Series 1988, ~scr~w Deposit Fund" (the "1988 ~scrcw Deposit Fund") to he held in apart f~om all other funds of the County or of the Agent, for ~he ~enefi= of the owners of the ~efunded All mene~ and Government Seeurieies ~et a~ids and held in trus~ in =he 1988 Escrow ~eposi~ Fund shall be applied =o and ~sed solely for the payment of the Refunded Bonds (including interest and redemption premium thereon). 8~CTION 3. Purchase of Government Securities. (&) The County hereby direct~ th~ ~scrow Agent to purchase on [May 3], 1988, being the date of the delivery cf and pa!rm~nt for the 1988 Bonds, with $' of the amount held in the 1988 E~crow Deposit Fund, certain direct set ~orth in Exhibit II hereto. The gecurities described in securities"+ The amount of $ ~emainin9 on ~epo~it in ~he 1988 ~scrow Deposit Fund shall be ketd as cask and not invested. (b) The County and the Escrow Agent hereby certification that the Goverrnment S~eurities mature as to principal and interest (without reqard to any reinvestment of investment earnings on suck Government Securities) in such amonnts and at ~uch times as wilt assure, together with any mo~y~ held in the 1988 Zscrow Deposit ~und, tke availability of sufficient ~eneys~ {i) to pay when due the interest on the Refunded Bonds to ~ovember 1, 1995; (ii) to pay the redemption prices of cae RefuDded Bonds maturing on Nove~oer I in each of the years [1996] through [2001], both inolu$iV~, [2$05] an~ [2OlO], whioh ar~ to be redeemed on November I, 1995 at a redemption the Refunded ~onds. (c) The County and the ~scrow Agent hereby agree tha~, in reliance upon the eertifi0ation provided by [Perry, H~ilt0n R C~pany] pursuant to Section 3(b) hereof, ~e Gover~nt securities mature as ~o principal and inh~est (without regard to any reinve~tment of inv~ent ~arning~ cn such Govurnm~n= S==urities) in such ~ounts and a= such ~imes Escrow Deposit Fun~, the availability of s~fficient moneys: (i} 9o pay when due the ~ntefe~t on ~he Refunded Bonds ~o Norther 1, 1995; {ii) to Day the ledemption p=ic~s of the R~funded Bonds maturing on November 1 in each of %he y~ars [1996] %brough [2801], both inclusive, [2005] and [2010], Which price equal to t02% of the respective principal amounts S~CTION 4. Substitution of Government Securities. (a} Moneys deposited with th~ Escrow Agsnt as described Section 1 hereof, and used to purchase th~ Government Securities, may, at the written direction Of the County, be reinvested in direct obligations of, Or obligations th~ principal of and inter,st on which are guaranteed by the States of America (tho "Sabstitute Government Securities"), maturing as to principal and interes~ in eRck amounts and at such times a~ will assure the availability of muffici~nt moneys to make payment of th~ principal and/or redemption prices, as th~ case may be, of the Refunded Bondm, plus in%croat on such R~funde~ ROmd~ to the respective ms=urity or redemption dates thereof, all as set forth in Section 3 hereof; ~rovidsd, however, ~hat concurrently with such written direction~ the County mhall provide the Escrow Agent with (1) a certification of an independent certified public accountant that such reinvestment complie~ with this Agreemsnt, s~tting forth in reasonable detai~ :he calculations unde~lying such certification~ and (ii) an unqualified opinion of nationally recognized bond counsel ~o the effect %hat such reinve~tm~nt (1) will not cause any 1988 Bond to be Eubj~e~ed to treatmen~ as an "arbitrage bond", as deffned in Section 148 of the Internal Revenue Coda of 1986, as a~end~d~ add the regulations adopted under such Section 148, as each i~ then in effect, and (2) is otherwise in complian~ with this Agreement. lb) Any r.inv~+4~e~t authorized by this ~ac~ion 4 shall be accomplished by sale, transfer, request for redemption or oth~r disposition of all or a portion of the Governmen~ Securitiss ~hen held in the 1988 Escrow Deposit Fund with the proceed~ thereof being applied simultaneously ts the purchase of Substitute Government Securities, all as ~pecified in the written direction of th~ Coun%~. SECTION 5. Evidence of T~ansactions; Annual Report. {a) The Escrow Ag~n~ ~hall deliver to the Treasurer'-6~ the County a transaction statement describing each transaction relating ko ~he %988 Escrow Deposit Fund. S~O~ transaction statement shall be prepared and delivered to the Treasurer of the County on a monthly basis. (b) On or before August 1 of each year, the Escrow Agent shall deliver tn ~nch Treasurer a ~tat~ment describing 5he Goverament cscurities held by it in the 1988 Escrow Deposit Fund, including the income ~arned therefrom and %he maturi=ies thereof, and any wlthdrawal~ of money from the 1988 Escrow Deposit Fund for the year ended June 30 of such year. SECTZO~ ~. Pa~en~ of Principal and R=demption Prices of and Interest em ~efunded Be~ds. on the respective lntsrust payment dates and on the ~edmmption dat~ for the Refunded ~onds, the Escrow Agent shall transler to the Paying ~gent for the Refunded Bonds, sufficient ~oneys from the matured principal of and interest on the Gcvsrnment Sseuritie$ held in the t~88 Escrow Deposit Fund~ or othsr moneys or Substitute Government S~eurlties held in such Fund~ for th~ Dayment of the principal and/Or, redemption prlc~s and %hQ interest on the Re~nded ~onds becoming duo on~ such respective ~nterest payment o~ r~demption dates. The ~aying ~genT for the Refunded Bond~ is Signet Trust Company. SECTION 7. irrevocable Deposit; Express Lien. ~ubject to the terms hereof and 6~cept as otherwi'se provided herein, the deposit of the money~, Governmen~ Securities and en~ S~bsti~ute Government Securities in the 1988 Escrow Deposit Fund shall constitute an irrevocable deposit in trust solely for the psyment of the Refunded Bonds (including premium and intersst thereon) pursuant to the terms of the ~end Resolution and this Agreement. The owners of the Refunded Bonds shall have an e×press lien on the principal of and in~ezest on the Government Securities, and 'on any moneys or Substitute Government Securities on deposit in the 1988 Escrow Deposit Fund, until the proceeds thereef are'paid out, u~ed er applied in'accordance with this Agreement. SECTION 8. No%ices. (a) The EscrOW Agent~ in its capacity as Trustee, shall without further authorization di~ectio~ cause notice 0f the issuance of the Refunding Bends in substantially the form attached hereto as Exhibit III, which form has been prepared in accordance with clause (iii) of the be published, ab lea~t ~wic~ ax moon a~ practicable but in no cas~ later than thirty [~0[ ~ays a~ter tbs ~elivery of the 1988 Bon~s; at an interval cf not less than seven (?) days between ~ubliontions in each of the two newspapsrs er ~inenoial journals set forth below, both of which are printed in English language and customarily published {except in the case of legal holidays) at l~ast once a day for at least ~ive (5) days in each calendar week. Such publication shall be made in , a newspaper or financial journal of general circula=ion in the County, and in ~he ~o~ Bu. er, a newspaper er ~inan¢ial journal of general circulation in the Borough of Manhattan, City and State of New York. (b! The County hereby designates for redemption on November 1, 1995, the Befunded Bonds maturing on November 1 in each of the years [1996] through [2081], both inclusive, [2005] and [2010]. The Escrow Agent, in its capacity as Trustee, shall cause notice of the redemption of the Refunded BOndS maturing on NoVember 1 in each e~ the y~ars (1996] Lhrough [2001], both inclusive, ~2085] and [2010], to he given, in the name ~nd on behel~ of the Trustee, such notice to b~ in substantially the for~ attached hereto as ~xhibit IV, which Bond Resolution~ such notice to be marled by first class mail, postage prepaid, by the Escrow Asea= not less than thirty owner of each Refunded Bond at such owner's addres~ as it appears on the registration books kept by the Trustee. {o} The instruction~ set forth in subsections and (b) of this Section 8.1 shall be irrevocable. SECTION 9. Liabilit~ of Euer0w Agent. (a) The liability of the Escrow A~ent be make ~h~ payments required this Agreement with respect to the Refunded Bends shall be limited to the funds deposited with it hereunder an~ the Government Securities and.any Su~stitute Quvernment ~ecuritias. The Escro~ Ag~n5 shall not be liable for any loss resulting from any investment ma~e pursuant to this Agreement in compliance with the provisions hereof. (b) In the ~v~nt of the Escrow Agent'~ failure to account ~or any o~ the Government Securltles~ Substitute Government Securlti~$ Or funds received by it, such GOvernment Seouritie~ Substitute Government Sscurities or funds ~halI be and r~main the property o~ the County in trust for the owners Of ~-he Refunded Bonds as herein provided, and if ~or any zeason such Government Securities, Subs%i~u~e Government a~d f~nds cannot be identified~ the assets of the Escrow Agent shall be impressed with a trust for the ~ount thereof and, to the ~ullest extent permitted by law, the County ~hall be entitI~d %o a p~ef~rred claim upon ~uch ass~s until identification of such G0ve~t S~curitie$~ Gover~snt Securities and funds is 88-166 SECTION 10. Termination. (a} This Agreement shall terminate upon the payment by thc Escrow Agent to the Paying Agent for th~ Refunded Bonds of all moneys required by Sect/on 6 hereof to be paid to such Paying Agent to provide for the payment 9~ the redemption prices of and interest on the Refunded Bonds. (b) Any moneys remaining in the I988 Escrow Deposit Fund after all payments requirsd by Ssetiun 6 hereof to be paid by the E~row Aqen~ to the Paying Agent fur the Re£unded Bonds shall have been made shall be paid to the County by the Escrow Agent, without further authorizatiO~ and direction. SECTIQ~ 11. Fees of ESCrow Agent. (a} The County shall pay all necessary and proper fees, compsnsatien and expenses of the Escrow Agent and any Paying Agent pertaining to the Refunded Bonds, including, without limitation, reasonable compensation ~or all services rendered in thc e~ecution, exercise and performance of any of the duties to be or performed pursuant to the prevision~ of this Agreement, and all expenses, dlebursements and advances incurred in accordance with any provisions of this Agreement (including bhe reasonable (b} To the ext~n= not paid out of the prcceed~ of the sale of the Refunding Bonds or other available the date Of delivery of ~he Refunding Bonds, th~ County will pay the ame~nt~ described in Section It{a) when billed. (c) The Escrow Agent atknowle~ge~ that the above-specified provisions for payment are satisfactory ~o it.. (d) In no event shall the amounts described in Section ll(a) be payable from the moneys or Securities or substitute Government Securities on deposit in the 1988 ~scrow Esposit Fund. SECTION 12. Duties o~ E~crew Agent: Evidence Upon Which Escrow Agent May Act; Replacement cf ~scrow Agent. (a) The Escrow A~ent agrees to perform all the duties and obligation~ impo~ed upon it by this Agreement as we1! as those provisions of the Bend Resolution and the Third Supplemental Bond Resolution applicable %o ~ha par~ermence of this Agreement. The ESCROW Agent acknowledges r~c~ipt of certified copie~ Of the Dond Resolution and tk~ Third Supplemental Bund Resolution. (b) Subject to the provisions of Section 12{a), the ~sorow Aqen~ may conclusively rely, as to the correctnes~ of statements, conclusions end opinions therein, upon any ~ertlflcat~, report, consent, notice, appointment or other direction made Or given by t~e County to the ~scrow Agent which shall be deemed to have b~en sufficiently made er given by the propez party Or parties if executed on behalf of the County by the County Administrator of the County. (o) If the Escrow Agent shall cease to be eligible to act as Escrow Agent h~reunder or shall resign as Escrow Agent hereunder, %he Escrow Agent, ~f requested by the County, to be deposited or received by the Escrow A~ent under thi~ and ebligatiens of the ~scrow Agent under this Agreement ~hell 88-~67 cease and determine and be discharged, except for rights or llabilitie~ theratofero a0orued to or by the County Or the Escrow Agent. SECTION 13. Incorporation by Reference. The ~pplicable and necessary provisions cf the Bond Resolution and the Third Supplemental Bond Resolution are incorporated herein by reference. SECTION 14. Arbitrage Covenant. Any other provision cf this Agreement to the contrary notwithstanding, the County hereby covenants that it will not us~, or permit the use cf, any proceeds of the Refunded Bonds or the 1988 sends, or of moneyu or ~und~ held by the Escrow Agent under this Agreement the 1988 Bonds pursuant to Section 148 of the Internal Revenue Cede of !98~, as' amended, au~ regulations adopted under such Section 1~8, as each is ~hen in effect, in a manner t_hat woul~ cause any ef the Re~unded Bonds er the 1988 Bonds to he subjected to treatment under such Section 148 as an "arbitrage bond", and tO that end the County shall comply wi~h applicable regulations adopted under such Section SECTION t5. Benefit of A~reement; Amendments. {a) This Agreement is ma~e for the benefit of the County and the owners fro~ time te~ time of the Refunded Bonds except otherwise expressly provided herein. TAis Agreement shall nut be repealed, revoked, altered or amended without the written consent of all such owners and the written consent of the Essrow Ageut; provided, howu~r, that the County end the Escrow Agent may, without the consent of, 'Or notice to, such owners, enter into such agreements supplemental to this Agreement as shall not adversely affect t~e right~ e~ such owne:s and as shall not be inconsistent with the terms and provisions of th~s Agreement, for any one or more of the following purposes: (~) to cure any ambiguity or ~ermal defect er omission in this Agreement; {ii) to grant to, or confer upon, the Enerew Agent for the benefit of such owners any additional rights, remedies, powers or authority =hat may law~ully be grante~ tc~ or conferred upon~ such Owners or the Escre~ Agent; and (iii) to subject ~e this Agreamen~ addiaionaI fun~s, securities or In the e~ent this Agreement shall be supplemented by an agreement supplemental hereto in accordance with ~he provisions of the iminediately preceding sent~nSe~ the County ~hall notify~ i~ writing, each rating agency which shall have been theretofore requested to rate the Refunded Bonds of the prepese~ amend/~ent to this Agreement contemplated in such supplemental agreement prior to the ~ff~ct~ve date of such amendment, and shall deliver to each such ratinq agency a copy of such agreeDeut supplemental h~ruto within thirty (30) day~ after the execution and delivery thereof. In the event that ~oody's Investors service is to be notified pursuant to this Section Or Seeti~n 16, ~uch notice should be addressed to: ~oody'e Investors Service, 9th Floor, Municipal Rating Desk, 99 Church Street, N~w York', New York 10007. In the event that Standard & ~oor's Corporation ~s to he notified pursuant this Section or Section 16, such notice should be add~essed to: Standard & Poor's Corpora%ion, 25 Broadway, New York, New ~ork 10006. (b) The Escrow ~gent shall be entitled to rely exclusively upon an unqualified opinion of counsel 88-168 recognized standin9 in the field cf law relating to municipal bonds with respect to compliance with this Section 15, includin9 (i) the extent, if any, to which any change, modification or addition affects the rights of the owners of the Refunded Bonds and the 198B Bonds, and {ii) the extent, i~ any~ to which any instrument executed hereunder complieg with the conditions and provisions of this Section 15. SECTION 16. Severabilit¥. (a) I£ any one or more of the covenants er agreements provided in this Agreement on the part of the County ox th~ Escrow Agent to be performed should be determined by a court of competent jurisdiction to portions thereof provided in this Agreement and the invalidity thereof ~haI1 in no way affect ~he validity of other provisions of this Agreement or of the Refunded Bonds or of th~ 1988 Bonds, and the owners of the Refunded Bonds and t988 Bonds shall retain all the right~ an~ benefits accorded them hereunder and under applicable provisions of law. ih) If any provision of this Agreement ehall be held of de=mud to bu or shall, in fact, b~ inoperativ~ or unenforceable or invalid as ~applied in any particular case ~n any jurisdiction or jurisdic~iona or in all jurisdictions, er in all oases because it uun£1icts with any constitution or statute or rul~ of public policy, or for any other reanon, such oizcu~stanues shall nc~ have the effect of rendering the in any other cane or circumstance, or of rendering any other provision or provisions herein contaim~ inoperative or unenforceable or invalid to any extent whatsoever~ SECTION 17. Law and 91ace of Enforcement Of this ~. This Agreement has been made in the Commonwealth of V~rglnla and shall be construed and interpreted in accordance with the laws of the Commonwealth of Virginia and any suits and actions arising out o~ thi~ Agreement shall b~ instituted in a federal court in the Eastern District of Virginia or in a Circuit Court in Ch~stsrfleld County, Virginia. 8~CT!ON 18. Counterparts. This Agreement may be executed in several counterparts, all or any of which shall be regarded for all purposes as one original and shall constitute ~nd be bu~ one and the same instrumumt. SECTION 19. Section ~eadingm. The headings oi the ~oVeral s~¢tiens hereof shall be a~iely for convenience of fefe~ence and ~hatl not affect the' meanlug, construction, interpretation or effect of this A~reement. IN WIT~ESS WBE~O~, the parties have each caused this Agreement to be ~xecuted by their duly authorized officers their corporate seals to b~ hereunto af2ixsd and attested es of the date f~rst above written.. COUNTy OF C~E~T~FIELD, VIRCINIA County Administrator SIGNRT TRUST COMPANY, as Escrow Agent 88-169 By: TitI~: E~]{IBIT I DESCRIPTION OF REFUNDED BONDS Date of Maturity ~rin¢ipal In~erest (November I) Amount Rate 1998 1997 1998 1999 2001 2005 2010 1,785,000 8.25 % 1,935,000 8.50 2,1~0,00~ 8.70 2,280,000 8.80 2,480,000 8.90 2,705,000 9.00 13,470,000 9.00 24,950t000 9.125 CUSIP Number EXHIBIT Maturity Date U.S. Treasury Secuilties - State and Local Governmen= Series; principal amount: $ ; purchase date: Par Accrued Total Coupon Amount Price Co~t In~eres~ Cos~ [to come] Maturity Date $ ; p~rcha~ date: Par Accrued Total Coupon Amount Price COSt Interest Coet [hO come] EXHIBIT III Co~ty of Chesterfield, Virginia Water and Sewer ~evenu~ ~onds, Seri~s on N~mher [2001], bo~ ~clusive~ [2005] and {lOlO] NOTICE IS HEREBY GIVEN that there were issued on [~ay 3], 1988, $ aggregate principal amount of Water and S~wer Revenue Refunding Bonds, ~eriss 1988, dated as of [ray ~, 1988 {th~ "19~8 sond~"), for uhe purpose, among other thinge, of refunding in ~dvance of their stated maturities the above-referenced {the "Refunded Bonds"), which are outstanding as of the date hereof in the amount of $ . The proceeds of the 19~8 Bonds, to~sther with other available moneys, have been deposited with Signet Trust Company, Richmond, Virginia, a~ E~crew Agent (the "E~crow Agent"), tc be 88-170 held in %rust and have been invested in certain non-callable direct obligations of th~ Unltsd States of America, all as set ferth in an Escrow Depos±t Aq~eement, dated as of [May 1], ~988, by and between the County of Chesterfield, Virginia and the EscrOw Agent. The p~oce~ds of the 1985 Ben~s and ether avaitabl8 moneys sO deposited with the Escrow Agent under such Escrow 'Deposit Agreement are in such principal amount and invested in such cbl~gatlons as will assure sufficient moneys [il to pay when due %he interes~ On the Refunded Bonds to ~Qvember 1, 1995; a~d [ii) to pay the redemption prices of the Refunded BOndS maturing on NoveK~er 1 in each of the yea~s [1996] through [2001[, both inclusive, [2005~ and ~2010], which are tc be ~edeemed on November 1, 1995 at a redemption price ~qual ~o 102% of the respestive principal amounts of the Refunded Bonds~ Dated: [May 3], 1988 SIGNET TRUST COMPANY, AS TRUSTEE AND ESCROW AGENT NOT~C~ OF I~DF2~I~ION Coun~ of Ches~erf~eI~, Virginia Water end Sewer Revenue Bonds, Series I9858, On November 1 i~ each of t~e ~uars [1995] ~hrc~gh [~001], both ~nc~sive, [2005] a~ [2010] July 24, 195~, as supplemented by a Seeend Su9p!~m~ntal Bond ~uperviscrs of the County cf Chesterfield, Virginia, has 1, 1995, the above-referenced somds, dated september 1, 1985 and ~aturin~ on November 1 in each of the years [1996] ~hro=gh [2001], beth inclusive, [2005] and [2010]. The maturity dates, Date of Maturity ~rino~ps1 Interest I~ovembcr l) Amount Rate 1996 S 1~785,800 0.25 1997 1,935,000 9.$0 1998 2,100,000 8.70 1999 2,280,000 8,80 2000 2,480,000 8.90 2001 ~,705,000 9.00 2005 13~470,000 9.00 ~Ol0 24,9~0,000 9.i2~ CUSIP Nunf0er The Bonds specified abo~e will be redeemed on November 1, 1995 at a rsdemptlcn price e~ua~ to 102% of the principal ameun~ thereof, to~ether with the interest accrued thereon to Nuvembsr 1, 1995, upon presentation and surrender of such Bonds at the principal corporate trust office Of Signet Trust Company, in the City of Richmond, virginia, Paying Agent fo~ ~ch Bonds. On and after November 1, 1995 interest will cease to accrue on the Bonds specified herein. 88-171 [Under federal law, t_he paying agent for tho Bonds specified above for redemption may be required to withhold of pa~ents %0 owners presenting SuCh Bond~ for redemption if such cwner~ have failed to fnrtish a taxpayer idsutlflcation n~mb~r to such paying agent certified to be correct under penalties of perjury [or that such holder is awaiting taxpayer identi£ica~ion number). Certification may be made on Internal Revenue 'S~rvice Porn] W-9, which may be obtained from the Internal Revenue Service or most losal banks and brokers. to such Paying Agent, at the address indicated above for pr=sentation and surrender of ~uch Bonds, may rssul% in backup withholding of 20% of any paymsnt of redemption price to be made to such owner.]* Dated: [~ct less than 30 ~my~ ncr more than 60 days prior to November 1, 1995] AS TRUSTEE *to be revised as appreDriate at the time of mailing. ~H~ CODE OF T~ COURT¥ CE CEHST=RFIELD~ 1978, AS AM~DZD, RELATING TO MOTOR ~EHICLBS AND SET DATE P0R PUBLIC R~ARING On motion o~ Mr. Cnrrtn, seconded by Mr. Maye$, the Board adopted ~he following ordinance on an emergency ba~i~ and the date o~ April 23, 1988, at 9~08 a.m., ~or a public hearing to con~ider readop=ion of said ordinance on a permanent AN ORDINANCD TO AMEND ARTICLE I, SECTIO~ 14.1-1 OF THE CODE OF THE COUNTY OF CHE~TEI~FIELD, UIRGINIA, 1978, AS A~EbTDED, RELATING TO ADOPTION 0P STATE LAW DEALING WITH MOTOR VEHICLE OFFENSES HE IT ORDAINED by the Board of Supervisors of the County of Ches~erfistd, Virginia:' (1} That the Co~e of the Connty of Chesterfield, 197S, amended, is ~ended by. ~sndlng the following section: Sec. 14.1-1 Adoption of ~tate law, of Virginia, a~ ~ended, all cf the provision~ and of the l~ws of the state contained in Titlm 46.1 and Article of Chap%e~ 7 Of Title 18.2 cf the Code of Virginia, as in force on March 23, lg~9, except those provisions an~ retirements the violation of which constitutes a felony, and except tho~e provisions and retirements which by their very nature can have no application to or w~thin the county, are hereby a~opted and incorporated in this chapter by ~efer~nc= and made applicable within the county. References to "highway~ of the state" contained in such provisions and rs~ir~ents hsreby adopted sha~l be deem~ %o r~fCr to th~ streets, highways and other 9~lic ways within the county. Such provi~ionm and require- 88-172 N N N ments are hereby adopted, mutatis mutandis, and made a part of this ehaptor ag fully as %hough se~ forth at length herein, and it shall he unlawful for any per,on, within the county, to violate or fail, neglect or rs~use to comply with any provision of Title 46.1 or Article 2 of Chapter 7 of Title 18.2 of the Code of Virginia which is edcpte~ by this section; provided, that in no event shall the p~nalty imposed for th~ violation of any provision er requirement hereby adopted exceed the penalty imposed for a similar offense under Title 46.1 or Article ~ of Chapter 7 of Title 18.2 of the code of Virginia. SET PUBLIC tEARING DATES ll.B.1. TO CONSIDER A/4END~ENT TO CODE OF THE COUNTY OF CHESTERFIELD, 1978f AS AMENDED, RELATING TO BUILDING AND RELaTeD ~E~ZT FEES AND INITIATION OF BUILDING FOUNDATION INSPECTIONS On motion o~ ~r. Daniel, seconded by Mr. Sullivan, the Board $~t th~ date of kpril 13, 19~$, a~ 7:00 p.m., ~er a public foundation inspections. Vote: Unanimous ll.B.2. TO CONSIDER ARENDMEET TO CODE CF THE COUNTY OF FIELDf 197~ A~..A~?~D.ED, RELATING TO FIRE PROTECTION On motion of ~r. Sullivan, secended by Mr. Mayas, the Board set th~ date of April 27, 19S8, at 9:00 ~.m., for a public hearing to consider an amendment to the Code of the County of Chesterfield, relating to the adoption of a County Fire Prevention Code based u~on ~he statewide Fire Prevention Code. RADIO UNITS AND AT&T TELEPHONE SYSTEM On metio~ of Mr. Daniel, seconded by Mr. Mayer, the Board approved ~nd authozized the County Administrator to exenuta the necessary documents to enter into a lea~a purchase agreement, the term ef which is to be five years, for a total amount of $3,020,000, to acquire fire apparatus and ~quipmen% ($1,725,000), public safe=y 800 M~z radio units ($225,~00~ and to complete acquisition of th~ AT&T System 85 Telephone ($1,070,000); and set the da~e of April 13, 1988, at 7:00 for a public hearing to considxr the appropriatiou o~ ~unds =he amount of $1,070,00 to purchase the system 85 telephone Vote: Unanimoum ll.D. COM~4U~iTY DEVELOPMENT ITEMS ll.D.1. APPROPRIATION OF ROUTE 60/14P DRAINAGE DISTRICT FUNDS On motion of Mr. Sullivan, seconded by Mr. Daniel~ the ~oar~ appropriated $5,~00 fr~m the unappropriated Routs 60/147 Drainage District Fund for plan revisions, specifications, bid. r~quir~m~nt~, field staking and hydraulic evaluations below Wexwood Drive within Stonehenge Snbdivision for installation of the'last connecting phasm of the storm ~ewer w~st of Route 147. Vote: Unanimous 88-173 ll.D.2, kI~DROFRIATIO~ OF BERMUDA DISTRICT 3 CB~T ROAD FUNDS FOR DRAINAGE IMPROVEMENTS ALONG ROUTE IQ On motion ef Mr. Cnrrin~ Seconded by Mr~ Daniel, the Board appropriated an additional $1,SOO from the ~ermuda District Three Cent Road Fund %o ~upp]ament the $6,500 previously appropriated for the purchase of maaerial for the installation of grouted riprap for drainage improvements along Route 10. VOte: Unanimous ll.D.3. STFc~ET LIGHT INSTALLATION COST APPROVAL On motion of Mr. Daniel, seconded by Mr. Mayos, the Board approved the street light installation at the intersection of Indian Springs Drive 'and Shanto Court in the amount of $1,073, with £unds ia the amount of $357 to be expended from the Dale District Street Light Fund and $716 from the Dale District Three Cent Road Fund. ll.D.4. STREET LIGBT REQUEST On motion of Mr. Mayas, seconded by Mr. Daniel, the Board approved a request for the installation of a street light a% 1211 Wint~rpook Road ak the Wintarpock Wa~t~ Transfer Station, with ~unds to be expended fr~m the Satoaoa District Three Cent Vote: Unanimous ll.D.5. VDQT 1988~89 ~RIFIAR~ A~LOCATIQN On motion of Mr. Daniel, seconded by Mr. Ceftin, the ~oar~ amended the proposed Virginia Department of Transportation 1988-S9 Primary Allocation S~ate~ent and Priority List Highway Projects, which statement will be presented at a Virginia Department of Transportation public hearin~ on April 6, 19S8. {A copy of which is filed with the papers of thi~ Board.) lt.E. CONSENT ITEMS 11.=.1. ~/~SQLUTIQ~ R=QU~$TING'$TkTE ACCEPTANCE OF T~ELY RO~D On motion of Mr. S~lldvan, seconded ~y Mr. CefTin, the Board ad0pt~d ~he.f0llowing raaolution= WHeReAS, ~ection ~.1-7~.1 C1 uf the COda ~f Vir~ini~ as amended allow~ the Virginia Department of Transportation to take straa~s into the secondary system of St~ ~ighway~; and WHEREAS, Chesterfield County and the Virginia Department of Transportation have determined that Traely Road qualifies for a=oep~an¢~ into the State Secondary System under Section 33.1-72.1 C1 of the Code of Virginia, us amended. NOW, T~RR~FORE, BE IT RESOLVED, that the ~oard of supervisors requests the virginia oeDartment of Transportation to aaeept Trealy Road, a length of 0.32 mile, oxt0ndinq from Branders Bridge Road into the State Secondary System in accordance with Sectio~ 33.1-72.1 C1 of the Code of Virqinia, as amended. 88-174 m BE IT FURTEER RESOLV2D~ that the Chesterfield County Board e£ Supervisors g~araotees to the Commonwealth of Virqlnia that utility adjuutments on the project will be made at no aost te the State. The Board also guarantees to the Commonwealth a iifty foot unrestricted right-of-way for this street wi~h the necessary easements for cut~, fiIls and drainage. This right-of-way is recorded a~ follows: Deed Hook 1165, pages 139-147; Deed Seek 1170, pages 839-841; Deed Book 1A25~ pages 773-775; Deed Book 1904, pages 1442-1449; Deed Dock 1]04, pages 1657-1662. Thi~ ~ay the County ~nvi~enmeatal 2ngin~er, in accordance with directions from this Board~ made report in writing upon his sxamlnation of Crown Polo% Road in Kingspoint, Clover Hiil District. Upon conmideration whereof, and on motion of Mr. Sullivan, seconded by Mr. Coffin, it is resolved that Crown Point Road in Kingspoint, Clov~r Hill District~ be and it hereby is established as a public road. And be it further resolved, that the Virginia DeparTment of Transportation, be and it hereby is requested to Bake into the Secondary System, Crown Point Road, beginning at intersection with existing woelri~ge Reed~ State Rou%e 669, and going westerly 0.II mile, th~n turning northerly and going 0.12 mile to ~nd in a cul-de-sac. This request is inclu~iv~ of the adjacent slope, sight distance and designated Virginia Department of guarantees to the Virginia Department of Transportation a 50' right-of-way for this road. This ~eetion of Kingspeint is reeerde~ as follows: Plat Book 49, Page ~9, July I0, 1985. Vote~ Unanimous 11.2.3. REQU2ST FOR BINGO/RAFFLE PE~IT BY TM~ On motion cf ~r. $ullivan~ seconded by Mr.' Coffin, the B~urd ~pproved a request fo~ ~ bingo permit for the ~ishe~ Ireton Knights eX Cclu/~bus for the r~m~inder of the 1988 calendar year, subjsct to repayment of $~30 to the bingo account. Vote: Unanimous 11.2.4. REQUEST FOR BINGO/RAYFLE PERMIT BY THE BeN AIR MIDLOTHIAN LIONS On motion of ~r. Sullivan, approved a requeut for a ruffl~ permit Nidlothian Lions for calendar year· 1988. Vote= Unanimous coffin, the Board for th~ ~0~ Air 88-175 APPROPRIATE PUNDB TO MATCE GRANT FROM VIRGINIA HEA~T~ FOR PURCBASE OF DEFIBRILLATORS FOR FIRE On motion of Mr. Sullivan, ~econded by Mr. Curtis, the Board accepted e matching 50/50 State/Lo,al g~ant of $22,000 f~Om the Virginia State Health Department to expand the use of heart defibrillator~ in the County; appropriated $25,000 from the Surplus Sales Account from the sale of a used fire truck to E. I. Du~on~ of ~a~tin~ville; and increased revenues and expenditures in the Fire DepartmBn= Budget in the amount of $25~080, with $22,000 to b~ expended for the purchase of semiautomati0 defibrillators te ~e located stra~egiuslly throughout Chesterfield County south of Route 6~, and the remaining $3,000 =e be e~panded for training and overtime. Vote: Unanfmo~s 11.~.6. ~SOLUTIO~ APP0%NTI~G A S~NIQB ~ANAGING TNDERWRITBR FOR SEWER AND WATER P~FUNDINg BONDS~ SERIES 198~ On ~otion of Mr. SulliVan, seconded by Mr. Ceftin, the Board adopted the following resolution= A R~SOLUT!0N APPOINTING M~RRILL LYNCH CAPITAL ~IARKET$ AS SENIOR MANAGING UNDERWRITER IN C0~I~CTIO~ WITH T~ P~O~OSED ISSUANCE OF COU~T~ DF C~ESTE~IELD, VIRGINIA, WATER AND SEWER R~V~U~ BgFUNDING BONDS, SERIES 1988 WHEREAS, th~ County of Chesterfield, virginia (the "County"}, has previously issued $61,160,~00 principal amount of County of Chesterfield, virginia, Water and Sewer Bevenue Bends, Series 1985B, dated September 1, I985, all of which are outstanding on the date hereo~ (the "Series 1985 Bonds"); and WHEREAS, the Beard of Supervisors of the County {the "Beard"} deems it in the best interest of the County to r~fund a poTtion or all of the $51,705,000 principal amount o9 the Series 1985B Bonds maturing on November % in each Of the years 1996 through 2001, both inclusive, 2805 and 2010, in advance o~ Council on Local Debt end depending on market conditions at the time of sale, from the proceeds of a proposed is~u~ ~f County of Chesterfield, Virginia, Water and Sewer Ravenna R~unding Bonds, Series 19g8 {the "Series 1988 Sends"), and other available ~oneys; and WHEREAS, the Board has d~termined it is desirable and in ths bsst interest of the County to sell the Series 1988 Bonds at negotiated sale; 'and the series 1~88 ~onds, the Board has determined, after reviewing the proposals received from a number of investment banking firms, to appoint Merrill Lynch Capital Murkets as ~OW, TH~FQ~E, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: SECTION 1. Appointment of S~nior Managing Underwriter. The Boar~ hereby appoints Nerrill Lynch Capital Markets us Senior Managing Underwriter in connection with the eal~ of the Series 198~ Sends through negotiatien, it being understood that the maturities, interest rates and other details of the series 1988 Bends and the terms of the sale of the Ser~es 1988 Bonds to the Senior Managing Underwriter and et~er underwriters of the Series 1988 Bonds shall be subject in all respects to the further approval of the Board. . 88-176 S~CTICN 2, ~ffectivetoss of Resolution. This resolution s~all take affect upon its adoption. ll.E.7. TEMPORARY BORROWING FOR CASN FLOW PURPOSES On motion of ~r. $~lliven, seconded by Mr. Cu~fin, the Board approved and auth0ri=ed tho County Treasurer to borrow up to $8,000,000 from the~ County Capital Projects Fund. to provide cash flow for the General Pond until taxes are collected in May and June, 1988, which funds are to be borrowed only as needed, will he ~epald upon receipt of tax revennss prlor to year end and with interest at the rate of 6.25% for the term of the ll.E.8. AUT~ORIZATIO~ TO SET A DATE TO CONDUCT A PUBLIC E~ARIWG TO CONSIDER TH= APPROPRIATION OF FUNDS. FOR TME 1988 WATBR A~D SBWER BOND REFINANCIN~ On motion of ~r. Sullivan, seconded by Mr. Coffin, the Board set the dats of April 13, 1988, at 7=08 p.m., fo~ a public hearing to consider the appropriation Of funds for the 19~8 Water and Sewer Bond Eeflnanein~. Vote: Unanimous il.P+ UTX~ITIR~ D~PART~NT ITEMS ll.F.1. PUBLIC ~EARINGS ]I.F.l~a. TO CO,SIDeR A~ ORDINANC~ VACATING A PORTION OF AN EIGHT FOOT EASENENT WITE!N NORTM HUNDRED SUBDIVIEION, Mr~ Sal~ ~tatOd this d~t~ ~Dd time had been advertised ~or a public hearing to con~id~r an ordinance to vacate a portion of Hundred Snbdivision~ Section D. proposed ordinance. On motion of Mr. Sullivan, seconOed by Mr. Currln, the Board adopted the followin~ o~dinance: AN ORDINANCE to vacat~ a pon%ion of' an 8 foot Basement within Let 10~ Block D~ Sectio~ D, North Hundred Subdivision, Midlothian Magisterial District, Chesterfield Cennty~ Virginia, as ~hown on a plat thereof ~uly recorded in the Clerk's Office eX the Circuit Court of Chesterfield County in Plat Book 57 at Pages ~ and WEERRAS, Camden ~om~, I~e. petitioned the Board S~per~isors of Chesterfield Connty, ~irginia to vacate a portio~ of an $ foot easement within Let lO, Block D, Section D, North ~ndf~d 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 Pla= ~ook 57, Pages 68 and 69, made by Ports and Minter Professional Land Surveyors dated April 27, 1987. Tko portion of :ho easement petitioned to be vacated is more fully d®~cribed as follow~: A portion of an 8 foot easement withi~ Dot 10, North 5undred subdivision, the location of ~hich i~ 88-177 fully shown, cross-hatched on a plat made by Chas. Fleet & ~SSOes. ~ngineor & Surveyors dated December 29, 1987, a cody of which is attached hereto and made ~ part of this Ordinance. WSIER~AS, notice has been given pursuant to section 15.1-421 of the Cede of Virqinla, 1950, as amended, by advertising; and WI~AS,; no p~blic necessity exists for the continuance of th~ portion of the easement sought to b9 NOW T~REFOR~ BE IT 0RDAIN~D BY T~ BOAED OF OF CBBSTE~IELD COUNTY, VIRGINIA: That purmuant to Sectiom 15.1-482(b) of the Code of Viryinia, 1950, as amended, the aforesaid portion of the easement be and is hex~by vacated. This Ordinance e~all be in full force and effect in acsordance with Section 15.1-482(b) cZ the Code ef virginia, 1950, as amended, and a certified Oopy of thi~ ©r~iDano~, together with the plat attached hereto ~hall Be r~corded no sooner than thirty ~ay$ hereafter in the Clerk's Office of the Circuit Court of Che~terfield County~ Virginia pursuan~ Section 15.1-485 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to SectiOn 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 o~ the easement hereby vacated free and clear o~ any rights of Dublic Accordingly, hhi~ Ordinance ~hall be indexed in the names of the County of Chesterfield, as grantor, and Bryan% B. Jones and Gloria R. Jones, O~ thei~-~uccessors in title, as grantees. Vote: Unanimou~ ll.F.i.b. TO CONSIDER AN ORDINANC= VACATIN~ AN EIGET FOOT DRAINAGE ~D UTILITY EASF~4ENT WITHIN SOUTHAMPTON ~r. ~ale stated this date and time ha~ Been advertised for a public hearing to consider an ordinance to vacate an drainage and utility easement across Lot 10, ~lock ~, within Southampton Acres ~ubdlvision, Section 2. No one came forward to ~peak in favor of or agains~ =he On me,ion of Mr. Sulliven~ ~econdod by Mr. Currin~ the Board adopted ~he following ordinance: AN ORDINANC~ to vacate an 8 foot drainage an~ utility easement within Lot 10, Block N, ~ection 2, Southampton Acres Subdivision, Midlothian Magisterial District, Chesterfield County, Virginia, a~ ~hown on a p!a~ therso~ duly recorded in the Clerk's office of %he Circuit Court of Chesterfield County in Plat Bock 9 at ~ago 147. WHEt~EAS, Stephen D. Keene and Eileen M. Keene petitioned the Board of SupervlsOr~ of Chesterfield County, Virginia to vacate mn ~ foot drainage and ~tility easement within Lot Block ~, ~otion 2, Southampton Acres Subdivision, Midlothian ~aglsterial D±~triot, Chesterfield county~ Virginia particularly ~hown on a plat of rpccrd in the clerk's Office of the Circuit Court o~ said County in Plat Book ], Pag~ I47, made by Ceorg~ M. Stephens, Jr. Certified Surveyor ~ated August 1, I956. The easement petitioned to he va0ate~ is more fully described as followsz An 8 foot easement within Lot 10~ ~oDthamptan Subdivision, the location of which i~ more fully shown, cross-hatched on a pl~t made by Robert K. Thomas and Associates, dated June 9, 1987, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice ha~ been given pursuant to I5.1-431 of the Cede of Virginia, 1950, as a~ended, a~ver~ising; and ~E~EAS, no public necessity exists for the continuance of NOW T~R~F0~, ~= IT ORDAINED BY THE ~OARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIaGINIA: That pursuant tc Section 15.1-482(b) of the Code of Virginia, 1950, as amended, the aforesaid easement be and is This Ordinance shall be in full force and effect in accordance with Section 15,1-482(b) of aha Code o~ Virginia, I950, as amended, and a certified copy of thi~ Ordinance, together with aha plat attached hereto shall be recorded nc sooner than thirty days hereafter in the Cl~rk'S Office of Circuit Court of Chesterfield County, Virginia pursuant to Section 15.1-485 of the Code of Virginia, 19~Q, as ~mended. The effect of thla Ordinance pursuant to Section 15.1-483 is tc ~estrcy the force and effect o~ the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title of the easement hereby vacatcd in the owner of the lot within Southampton Acres Subdivision frae and clear cf any rights of public use. Accordingly~ this Ordinance eha!l be indexed in the names of the County of Chesterfield, aS graato=, and Stephen D. and Eileen M. Keens, or their ~ucees~o~ in title, as grante~e. RIGHT O~ WAY ITEME ll.F.2,a, CONSIDER CONTRACT E0E LAND PURCHASE FOR DRY CREEK SEWAGE PUMPING ~TATION AA~D AR~ROPRIAT~ FUNDS no~e on a ZOO acre ~arcel adjacent to the subject ~ite to which thi~ expansion could provide service, declared a conflict of interest pursuan= to the Virginia Comprehensive Conflict of Interest ACt and excused hlmsel~ from the meeting. On motion of ~r. Mayas, seconded by ~r. Ceftin, the Board approved the purchase of a 2.85 + acre parcel located along Ashbrook Parkway for future e×pan~on of the Dry creek Sewage Pumping Station from s & B Development Company of Virginia; transferred $4~,000 from the 1987~85 C.I.R. Contingency Eund for the purchase; and authorized the County Administrator to behalf of th~ County, the conveyance of said parcel. Ayes: Mr, S~llivan, Mr. Ceftin, Mr. Daniel.and Mr. ~ay~_ Absent: Nr. Applega~e. 'Mr. Applegate returned to the meeting. 88-179 ll.F.2.b. CONSIDER CO~D~ATION ~ROCMMDINGS FOR SZW~ MASS.ETS ACROSS PROPERTY OF MR. LARRY R. EAYNES On motion of Mr. Applegate~ ~e~onded by Mr. Sullivan~ the Board authorized the County Attorney to institute condemnation proceedings againe~ ~he following'property owner if the amount as Set opposit~ hi~ name is not accepted. And b~ it further resolved' that the County Administrator notify said property owAer by registered mail on ~arch 24, I955, of the intention to enter upon and take the property which is to be the subject of said uondsmnation proceedings. This action on an emerqsney bamis and the County intend~ to exercise i~ediate right of entry, pursuant to Section t5.1-238.1 of Code of Virginia. Mr. Larry R. Bayne~ Tax Map 38-11 (5) B-B-6 $21~.0Q 1~331 W. P~ovidence Road Vote: Unanimous Mr. Currin disclosed to the ~oard that h~ is part owner of the subject property referenced in Items ll.P.3.a., Approval of Water Contract for Glebe Point West Subdivision, and Award of Contract for the Glebe Point Subdivision, Water Line Extensions W87-170C, daclare~ a potentia~ conflist of interes~ pursuant to th~ Virginia Comprehenuivs Conflict cf Interest and excused himself from the meeting. 11.F.3~ COE~ENT ITEMS ll.P.3.a. ~ROVAL OF CONTRACT FOR WATER LINE EXTENSION FOR GL~B~ POINT ~ST SUBDIV~$IOR On motion Of Mr. Mayer, ~sconded by Mr. Daniel, the Board approved and authorized the County Administrator to execute any necessary documents for the following water contract: W88-31CD, Glebe ~oint West - On-Site Water Line Extension. bevelope~: Glebe Point Weat Trust Contractor: Shooemith Brothers - General Piedmont Construction Cc. - Sub Total Hstimated County Cost: (Refund through connection fees) Estimated Developer Cos=: Number of Connections: $120,764.75 $ 7,140.00 $113,624.75 74 ~B-2~11-997 Ayes: Mr. Applegate, Mr. Sullivan, Mr. Daniel and ~r. Mayes. Absent: Mr. Currin. ll.F.3.h. AWARE OF CONTACT FOR WATER LIN~ EXtEnSION FOR GL=B= On motion ef Sr. Mayes, seconded by Mr. Daniel, the Board necessary ~ocuments awarding Contract Number W87-170C for the Road and Swift Water Road ~o the lowest bid4er, Richard L. noted funding for th~a project is i~ the ~987-I988 Capi~l Improvement Budget.) Absent~ Mr. Coffin. Mr. Currin returned to the masting. ll.F.~.b. APPROVAJ~ OF CONTRACT FOB QVERSIZING OF WATER LINES motion of Hr. Sullivan, s~conded by ~. Nayes, the Board approved and authorized the County Administrator to execute any necessary documentm for ~he following contract: U$8-46CD - Greenbrier, Section 5 - 0niSite overeizing of water line. Developer; Greenbrier Section V Association Contractor! Shively Enterprises, Inc. Su~-Contraotor; Piedmont Construction, Total Contract Cost: Total Estimated County Cost: (Refund through connection ~ees) Estimated Developer Cost: Number of Connections: Code: vote~ Unanimous $166,669.65 $1~2,610.85 60 5B-251t-997 APPROVAL OF CONTRACT FOR COMB?RUCTION OF WATER LINE ALONG CALDWELL AVENUE On mot~on c~ Mr. S~l~ivan, seconded by Mr~ May~, the Board approved and authorized ~h~ County A~miDistrator to execute any necessary documents awardin~ Contrast Number W82-33C, for the lowest biddar~ Lyttle Utilities~ Inc., in th~ amount of $129,65~.%0. (~t is noted funds are available in ~he F.Y. 1987-1988 Capital Improvement Budget for this pro~e~t~) ll.F.3.d. A~PROVAL UP CONTRACT ~©R ~PG~A~ING OF ELKHARDT AND HAPPY HILL PUMP STATIONS On ~otion Of Mr. S~llivan, seoon~ed by Mr. Mayas, the Board approved an~ authcrlz~d tko County Administrator to sxeout~ any necessary documentm awaMding COntract Nu~ers W86-~07B and W$6-10$B for the upgrading of the Elkhard~ end Happ~ Hill Pump Stations to the lowest bidder Waco, Inc. in the amount of $1,182,46~.00 and app/opriato~ $115,000 from the Construction Fund Cash Balance to 5~-5835-6ATR to complete the project. (It is noted the remainder of =he funding for this project is in the 1987~19~8 Capital Improvement Budget.} ll.F.3.e. APPROVAL OF CONTtLACT FOR SEWER LINE EXTENSION WITHIN CHESTNUT HILLS, PORTION OF SECTIONS B A~b C On motion of ~r. Sullivan, s~oonde~ by Mr. ~ayes, the Board approved and authorized the County Administrator to execute any low bidder~ Lyttle Utilitie$~ in the amount of $145,958.50. (It is noted funds for the project are included in the F.¥. 1987-19~S Ca~ital ImprOvenent Budq~t.) VOte: Unani~Ou~ ll.F.3,f, APbRCVAL 0E CONT~%CT EOH SEWER LINE EXTENSION WITHIN GENITO ESTATES, PORTION OF SECTIONS B AND C On motion of Mr. Sullivan, ~oond~d by Mr. ~ayee, th~ Boazd approved and authorizeO the County AdminiEtrator to ex@cut~ any necessary documents awarding Contract Number S87-49R for the ~onstruetion of sewer lines within a portion of ~e¢~ion B and Section C of Genito Estatest to the low bidder Richard Crowder construction, Inc., in the a~eunt of $149,~13.75. is noted fund~ ~or the project are included in the 19S7~1988 capital Improvement Budget,) Vote: Unanimous ll.F.3.g. AWAI~D OF CONTRACT FOR TRUNR SEWER ALONG KINGSI~ND CREEK On motion of Mr. Sullivan, seconded by Mr. Mayes, the Board approved and authori$od the CouDty Administrator to ~x~eute any necessary documents awarding Contract Number SB7~i~M for the cons%rnotion of a sewer line along Kingslau4 Creek to the lowest bidder, Lyttle Utilities, Inc., in the amount of $603,321.00; and further, the Board ~ransfer~ed $109,145.00 from 5P-5835-443E, $82,000.00 from 5P-5835-669R, and $99,408,00 from 5P-5535-439R to ~P-~855-715E. (It is noted funds for ~his project are in the FY 1987-88 Capital Improvement ~udget and =on=rlbutlons by the pruper=y owners served by this trun~ sewer are in accordance with th= Agreement S87-15CD dated April 22, 1987, and total REPORTS Mr. Sale presented the Board with a report on tko developer water and sewer contracts executed by the County Administrator. Mr. Rameey pre~ented the Board with a status report on th~ General Fund Contingency Account, General F~nd Balan~e~ Road Reserve Punds, Distrie~ Road and ~troe% Ligh~ Funds, Lease Debris Landfill Report. ll.L. E~CUTIVE SESSION On motion of Mr. Daniel, seconded by Mr. Currin, the Board suspended the rules tO permit an Executive Session ~o discus~ with legal counsel matters r~lating to Federal Law Suits Involving Aids in the Work Place ~nd Situstions Involving the Liability of Social Workers. Vote: Unanimous On mo=ion of ~r~'Daniel, seoonde~ by Mr. Currin~ the Board went into Executive Session to discuss with legal counsel matters ralatlng-%O Fadaral Law ~ui%s Involving Aids in the Work Place and ~ituations Involving the Liability of Social Workers, 9ursuant to.Section 2.1-344 (a) (6) of the Code of Virginia, 1950, as amended. Vote: Unanimous FOR READOPTION Mr. Applegate stated i= had been brought to his attention that there was e typographical error relative to the date ~t fur a public hearing on Item Il.A., Consider Amendment on Emergency Ba~i~ to Chapter 14.1 of the Code of the County of Chesterfield, 1978, aB Amended, Relatinq to Motor Vehicles and Set Date for Public Hearing, It was generally agreed that the minutes reflect ~he correct date of April 27, 1988, which would be the reqularly scheduled date for the board of Supervis0rm meeting rather than April 23, 19S8~ at 9:00 a.m. 11.~. LUNC~ The Board recessed to travel to the Belle Italia Restaurant for lunch. ~r. Applegat% recenvened the meeting at ]:10 p.m, 11.K. SST ~U~IC H=A~ING DATES I~.K.1. SET A PUBLIC HEARING DATE FOR CO~SIDERATIOE OF THE BUDGET FOR THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM On motion of ~r. Daniel, seconded by Mr. Mayer, the B0aid set the date of April 11, 1~$, at 7:80 p.m., for e public hearinq for consideration of the Budget for the five ypar Capital Improvement Droqram. PUBLIC BEARING DATE TO ACCEPT CANDiDATeS FOR APPOINTMENT TO T~E SCHOOL BOARD PROM MATOACA DISTRICT On motion Of Mr. Mayas, seconded by Mr. Daniel, the Hoard ~et the date of April 18, 1988, at 7:00 p.m., a% the Matoaca Middle $cheol~ ~or e public h~aring to accept candidates for appo£~tmen~ to the School ~oard from the Matnaca ~ag±~terial District. Vote: Uaanimou~ 11.I. P~EQUEST FOR MORILZ ~OME PEP/gIT5 In ~ermuda ~agisteri~l Dietrich, SAVANNAH S. MITTE~ ~equ~te~ renewal of ~obile Home ~ermlt 83SR007 to p~rk a mobile home on property frontin~ the east lin~ of Gresham Avenue, approximately 350 feet south of:~ellwood Koad, and better known ss S319 Gresham Avenue. Tap Map 68-13 (2) Bellwoed Estate~, Lot 83 (Sheet 23}. ~r. Jacobsen' ~tated Staf~ recommends approva~ of this request, ~ubjeet te ~tandard conditions, es this is a renewal request ior un existing mobile home that has been on site since 1974. He added, however~ because of th~ potential for industrial develepment in this a=~a, the applicant should took upon this 88-183 approval as temporary end one which may or may nog necessarily be renewed in ~he £uture. Ms. Savannah ~ittsn sta~d the recess%ended conditions ware acceptable. · h~re Was no opposition to the request. On motion of Mr. Currin, seconded by Mr. Mayas, the Board approved CaTs 858K04~, subject to the following standard conditionm: l. The applicant shall be the owner and occupant of the mobile home. 2. Ne lot or parcel may be rented or leased for use as a mobile home site, nor shall any motile home be used for renta] property, only one (I) mobile home shall be pez~itted to be parked on an individual lot or parcel. 3. The minimum lot size, yard setbacks, require~ front yard, and other zoninq requiremant~ of the applicable zoning district shall be complied with, except that no mobile home shall be lace%ed closer than 20 feet to any existing 4. ~o additional permanent-type living space may be adde~ onto a mobile home. All mobile homes shall be skirted but shall not be placed on a permanent foundation. 5. Where D~blic (County) water andfnr sewer are available, 6. Upon b~ing granted a Mobile ~eme ~ermit, the applicant shall then obtain the necessary p~rmits from the Office of the Building 0~fieial. This stall be dona prior to the ±nmtallakion or relocation of the mobile home. Any violation of the abov~ ccndition~ shall b~ ~rounds for revocation of the Mobile Memo Permit. ll.J. REQUESTS FOR REZONING In Matoaca Magieberlal District, PIERCE CON~TRUCTION CO~PA~Y, INC. requested rezoning from Agricultural (A) to Re~identiaI {R-9). A single family r~sidential subdivision is pl~nne~. This request lies on e 16.~ acre parcel fronting approximately 620 feet on the south line of srandere ~ridge ~oad, aeroee from Walden Street. Tax Map 175-10 {1} P~rcels 1, 2, and 3 (Sheet 49}. M~. Ja¢0bson stated the applicant has requested a~ additional sixty (60~ day deferral uf this case. Ms. Ruth Celotex, a~ adjacent property owner, stated ~h~ had attended several meetings concerning this request only to he informed t~at the applicants had r~q~e~t~d additional deferrals and, although there were good reasons, she felt adjacent property own~r~ '~houl~ be advise~ accordingly of pending deferrals. On motion of ~r. Mayas, seconded by Mr. Ceftin, the Board deferred consideration of Case 97S~73 until May 25, 1988. Vote: Unanimous 88S009 In Bermuda Magistexial District, JOSEPH C. HILLIER AND ROH~RT ~. ~H~YN~ requested Conditional Use Planned Development to permit exceptions to setback and landscaping requirements in a Convenience Business (B-I) District on a ~.9 acre parcel fronting approximately 291 fs~t on the ~o~th line of We~t Bundr~d Road, also fronting app=oximateiy 312 feet on Buckinqham Street, and located in the so%thWeSt quadrant of th~ intersection o~ these roads. Tax Map 115~10 (3) Worths Addition, Lots 26, 26E, and 27B (Shs~t 32). Mr, Ja¢ObsOn st&t~d the applicants have requested a thirty (30) day deferral of Came 8Ss009. Mr. Dean Hawkin~ stated the deferral is requested in an effort to bring forth more information regarding this case to tha Board, There was mo opposition to the deferral. On motion of Mr. Coffin, seconded b~ Mr. Sullivan, th~ Hoard ~oferrod consideration of Case 88s009 until April 27, 1988. Vote: Unanimous In Clover ~ill .Magisterial District, LEITH, INC. amendment :o Condi:ional Use ~%anned Development |Case 83S024) ~elativ~ to landscaping and setback reqnirem~nts. T~i$ requee~ lles in General ~usiness (B-3) and Light Ind~%rial DistFiet$ on a 3.0 acre parcel fronting approximately 340 feet en the south line of MidIothian Turnpike, also frontinq approximate- ly 420 feet on Johnston Willis Drive, and located in the south- west quadrant o~ the intersection of th~se roads. Tax Map 17-I~ Mr. Jacobsen stated the applicant requested a sixcy (60) day deferral. ·here was ne opposition to th~ request for a deferral. On motion of Mr. Appleqa~e~ seconded b~ Mr. Sullivan~ hhe Board deferred con~id~ratiog of Caae ~S011 until ~ay 25, Vote: Unanimous SSS015 In Midlothiun Magisterial District, CR0~-~L~I~-~ACFAP~LANE ~2 requested resoninq from Agricultural (A) to Office Business (0) with Conditional U~o Planned Development to permit use and bulk exceptions. An effiee/~ommeroial complex is planned. This request lies On a 69 acre parcel fronting approximately 1,156 feet on the west line o~ Coalfield Road, also fronting approxi- mately 2,400 fe~t on the north line of Powhit~ Parkway right of way, and lecate~ in the northwest quadrant of the inte~uction of these roads. Tax Map 36-tl (1) Part of ~arcel 3 (Sheet 13). Mr. Jacoh~on ~tated the O~se should be deferred because the Planning Commission had not completed its review. There was ne one present representing the request. There was no opposition to the request for a deferral. 88-18~ deferred consideration of Case 88S015 until Ap~i~ 27, 198g. Veto: Unanimous In Dale Magisterial District, ROW~ ASSOCIATES, LTD. ~equested rezoning from Agricultural (A) to Residential {R-9). A sinqle on a 32,7 acre parcel fronting approximately 550 feet on the of Hopkins Road. Tax Nap 81-1 (1) Paroel~ 12, 20, and 50 Mr. Jacobsen s~aSed [he Planning Commission recommended approval of Case 87S121 subject to a single condition and Mr. Jay Rowe ~tated the recommended condition was There was no opposition present. on motion of Mr, Daniel, seconded by Mr. Mayas, the Board approved Case 87~221, subjeo% to the following Condition: A f~fty (U0) foot building setback and buffer s~rip, e×¢lusive of eesements~ shall be provided along Kingsland Road, and alon~ the w~stern boundary of the ~ite ~here it abut~ Tax Map 81-1 (1} Parcel 13. Prior to reoordatio~ of subdivision plats, the Department. The area wi%him this b~ffe~ shell be plan~ed and/or left in its natural state, if there is sufficient vege- tation to provide adequate scr¢~ning. ~f sufficient vegetation Planning D~pari~ent and a bond posted tc cover %he cost implemcntln~ the plan, prior te ra¢ordatian of ~ubdivision pla%s. Exc~p~ for one II) public road acc~s~ nc access shall be p~rmittod throug~ thi~ buffer. ~his buli~ing ~e~back and b~ffer strip shall be noted cn final check and reoo~d plats. of tentativ~ subdivision reviewi And further, ~h~ Board accepted the following proffered conditicnm; 1. A 38 foot buffer strip shall be provided alon~ the entire wes~erm and northwestern properky Line. Said line adjoins the property of Proffitk TM 81-1 Parcel 13~ Wills TM 8I-1 Per,el 22, and Stillman TM 81-1 Parcel 21. Said buffer s~ip shall include n~i!ity and drainage easements. Planning Con~i~i~n may modify this condition at the time of tentative s~bdivision review. 2. All 1ets adjoining the abov~ p~ops:ty owners in Paragraph 1 shall contain a mini~um of 12,000 s~uare feet of land. 3. Regarding %he loYm 5hah will join Mr~ and Mrm. Miller, 81-t Parcel 16; A. The lot~ adjoininq their rear proper~y line land. B. The two lots that adjoin tke~x western prope~%y lime shall be a minimum of ~0 feel at ~he build- When that portion of this property which is adjacent to Mr. and Mrs. Shivers~ TM 81-2 ~arcels 1 and 5, is ~evel- oped, one road right of way shall be provided into the Unanimous 87s148 (Amended} In Bermuda Magisterial District, R~RL~¢OOD TRUST requested rezoning from Agricultural {Al to Residential {R-12]. A single family residential subdivision is-planned. This request lies on two (2) parcels o~ land for a total of 63.2 acre~, one (1) parcel lying at th~ s0u~herD terminus cf Bermuda Orchard Lane, and the oth~r parcel lying approximately 600 feet ws~t of the ~outhern tef~%inus of B~rmuda Orchard Lane. Tax Map 13§-$ (1) Parcel 2; Ta~ Map 135-5 I~) Bermuda Ochre Company, Lot PA; and Tax Map 13~-5 (3) Cameron Farms, Lo~ ! (sheet 42). Mr. Jacobsen stated the Planning Cer~ission approval of Case 8~S148' subject to a single condition. Mr. Currln disclosed to the B~ard that he own~ property adjacent to the ~uhjeet Site, declared a conflict o~ interest pursuant to the Virginia Comprehensive Conflict of Interest Act and excused himself from the meeting. Mr. Jeff Collins, representing the applicant, ~tatod the recommended condition was acceptable. There wa~ no opposition On motion Of M~. Sullivan, seconded by Mr, ~ayes, the Board approved Cas~ 87S148, subject to the following ccndition~ A thirty-five (~5) foot building metback and buffer ~trip along Bermuda Orchard Lane (Route 828) shell be pro~id~d, exclusive of easements and require~ yard~. The area within this buffer shall be planted and/or l~ft in its natural state, if =here is su~flc~ent vegetation to provide adequate screening, If s~ffi- ciemt vegetation does not exist, a landscape plan shall be approved by the Planning Department and a'bond posted to cov=r the co~t of implementation of the plan, prior to any subdivision plat. The d~veloper shall flag this buffer strip for insp~ctioD p~ior ~c recordation OS any subdivision plat. This building ~etbaok and buffer strip shall be noted on final check and record plats. The ~lanning Commission nay modify this condition at the time of tentative subdivision plat review. Ayes: Mr. kpp!ega:e~ ~r. Sullivan, ~r. Danis1 and Mr. Mayee. Absent: Mr. Coffin. Mr. currin returned to ~h¢ me=ting. In Clover Mill Magisterial District, STEVEN S~EFFIELD requeeted r~=oning from Agricultural (A) to Residential (R-i~}. A single ~a~ily residential ~ubdivi~ion is planned. ?hi~ '~=quest li~s on a ~.2 acre parcel fronting appro×ime=ely 348 feet on the south ~ine of Jacobs Road east of Ferdham Road. Tax Map 50-15 (!) Parcel 16 (Sheet 14). Mr. Jacobsen stated th~ Planning Commission race,ended of' re'zoning to Residential (R-12; and approval of r~zoning to Residential R-IS, eubj~e~.~e a single condition. M~. Jim ~ycs, represenPing the applicant, stated the r~commendation and condition were acceptable. ~ndicate~ public water will be used on the site, however, public sewer is not available. Mr, Daniel expressed reluctance toward approving a request, under the guidelines of the anrrent sewer policy, where there is ne public sewer available to the site. On motion of Mr. Applegate~ seconded by Mr~ Carrin~ the Board approved rezoning co Residential (R-15) for Case $8s006, sub3ect to the following condition: A thirty-five (35) foot building setback and buffer strip, exclusive oi easements and required yards, shall be provided along Jacob~ Road (Rout& 892)_ The area within this buffer strip shall be plante~, harmed, and/or left in its natural state, if there is sufficient vegetation to provide adequate screening. If sufficient vegetation does not exist, a Land- scape plan shall be approved by the Planning.Department, and a ben~ shall be posted to cover the implementation of the plan, prior to ~ecordation of any subdivision plat. The developer shall flag this buffer strip for inspection prior to recordation of any ~ubdivi~ion plat, Thi~ b~ilding setback and buffer strip ~hall be noted on final check and record plats. The Planning Commls~ion may modify thi~ condition at the time of tentative subdivision plat review. In Matoaca Magisterial District, IRVlN G. HORNER requested Conditional Use to permit a landfill in an Agricultural (A) District on a 55 + acre parcel fronting approximately 40 feet ~n the south line ~f Hull Street Road, approximately 3,000 feat west of Skin~uarter Road. Tax ~ap 72 (1) Part of Parcels 1§ and 16 (sheets 18 and 27). Mr. Jacobsen stated the Planning Commission recommended denial of Ca~e ~SS005~ however, staff recommended approval based on the fact that the WeStern Area Lan~ Use and ~ransportation Plan designates the requesP parcel and surrounding area for agric~ltural/fcreatal use and the recommended conditions insure proper operation and reclamation and will minimize tke impact on e~is~ing and future area development, ~e presented a brief cummar¥ of the request, outlining =he proposed uss, the location of the site, maps of existing landfill sites and areas with potential for landfill development, e~s. He indicated staff had received petitions containing approximately 77 signatures in support of the request and petitions containing approximately 37 signatures in opposition to the request. Mr. Bob Poop with J. ~. Ti~mons and Associates was present r~Drasenting the applicant and outli~e~ t~c proposed request, discussed the proffers and stated the r~commended conditions were acceptable with the exception of Condition 22 and the addendun~ distributed by staff. ~r. Maye~ ~xpr~smed concerns relativ~ to staff's r~connn~ndation for ~ppreval and indicated he felt this recommendation did not giv~ con~id~ratien tO th~ existing ~rea residents. ~r. Daniel suggested tkat, if thm request were tu be approved, Condition 11 should ba amended to reflect specifically those items permitted for dlspoaltlen at the proposed sits. Mr. Irvin Horn~r stated his reasons for requesting approval of the proposed use and added hu felt the proposed site was an Mr. C. L. Wilkinson stated the Subject propert! was his original home and to his knowledge there were nO ~urial sites on the subject property nor was the remalninq structure on the site of any historical significance. ~ voiced support for the proposed request. Mr. Applegate stated he had received a letter f~om Mr. Wilkinson indicating his position concerning this reguest and submitted the letter to be made part cf the record. Mr. Buddy Burkette voiced support for the prepoged r~quest as he is in the concrete business and bas difficulty finding locations ~o dispose of rubble. He stated traveling four lane road~ such es Route 360 or other well-developed primary roads would be preferable and safer than utilizing secondary roads. Mr. Lawrence Hall stated he sells h~avy equipment, is kn0wledgeable of landfills and vclced support of the proposed request as h~ feels this site will relieve the heavy traffic from the secondary rural roads. When asked, approximately eleven (I1} person~ stood in support Of the request. Mr. Mayeu expressed concerns r~lat~ve to leachers generated by the landfill, the chemical composition cT the laaehate, water pollution, methane gas, etc. Mr. Darvin Satterwhite, r~preseDtlng Ms. Harriett Homer, voiced Opposition to the proposed request as there a~e too man~ unc~rtainei~$ end/er unanswered quos=ions reqardin~ the proposed u~e, He grated the ~reposed ~fe jeopardizes public $~fefy and urged the ~oar~ to deny the request. Mr. John MizeI1, representing ~s. Margaret Watkins, voiced opposition to the request as the proposed use is not adequatel~ justified, poses a s~v~r~ negative impact on property values, alters the character of the neighborhood, jeopardizes the health, ~afety and welfare Of ~rea citizens, otc. He stated further study of the ramifications of the proposed use should b~ ~ndertaken an~ suggested a moratorium b~ p~aeed on Iandfill~. Mr. C. R. Maxwell, a resident of Ledo Road; Ms. Aletha Mann, a resident of Beaver Bridge Roa~; M:. ~enry Moore, Chairman of the Wintarpock Civic Association; Mr. L. L, Cashion; ~rs. Jod~ Maxwell, a resident of Leds Road; Mr. John Willoughby, resident of 89GO Deer Range Road~ M~. ~erge Beadles and Mrs. Mary Cooper, representing Dr. Partin of the Matoaca District Precinct Advisory Couoil, voiced opposition to und requested d~nial of the proposed request as they felt it may cause water contamination~ depreciate property values~ environmental risks, would not be properly manned or menit0ted, etc. Discussion, questions and comments ensued relative to the proposed use, its location, the impact of the proposed use on the quality of life in the area, envirera~ental and economic aspects of this request, the need for additional landfills, the number of il!~gaI landfill opera,ions in the County~ the for further evaluation/study fas a~y future landfills in the County, road widths, EP~ standards, contamination of w~ll etc. Mr. Daniel stated he felt very strongly there is a need to review the entire land u~¢ plan to accurately identify potential landfill sites and suggested the matter be tabled indefinitely until more information is qather~d, 5~ stated if compelled to vote on ~he request toda~ he would vote a~ainst it as he did not consider it in the b~t interest of all the citizens of Ches=erfield County with respect ~o health, safety and welfare issues. 88-159 professional avaluatlon of stump dumps and/or la,df,its could be provided to %h~ ~ear~ at a work session. Mr. Sullivan concurred that moro time is needed to svaluat~ the proce~ and suggested that the evaluation suggested by Mr. Currin bs handled on a priority Nr. Appl~gato COnCurred with ~r. Currin and Mr. sullivan that additional information is needed and stated he could possibly ~uppert the request in the event an independent evaluation proved that it would be safe. Mr. Mayes presented the.Board with tho following po~ition paper outlining his assumptions and conclusions raqarding the need for new landfills in the County, which he requested be placed in its entirety in the Board minutes: '~SUBJECT: Is %_here a Need for ~ew Landfills in Chesterfield County? 1. Che=ter£1e!d County hm~ ~ix (6) approv~d oonstr~ction/de- molitiun/d~bris lan~£ills in service today. (NOT~ 1) The above landfills have an eat,mated tif= of approxi- mately riva (~) to seven (7) years. INOTE 1) 3. Any new landfil~ owner "shall provide the completed documentation to demonstrate compliance with tho E~A Financial Assurance Re~lations." (NOTE 2) Approval of now landfills in tha County i~ expected to m~et EPA standards as a minimum, and that strict County enforcement o~ these standards will be undertaken, and that monitoring and corrective actions, by the County, will be continuous. New' landfill Qwners will continue post-closure care for thirty {30) years after closure of the landfill. (NOTE 3} The majority of tho citizens who live in tho Wintorpock area rely upon well water for life, heulth~ and eafety. (Chesterfield County Records "Data obtained by the ~nvironmental Protection Agency (EPA) in 19S6 indicates that, of the more than 9,000 available municipal laDdfills in the U.S., between 10% and 20% are under active ~nvestigat~on for viola%ions ranging from groundwater c~ntamination to air contamination." (~OTE 4) NOTE 1: "Chesterfi~ld/D~molition/Oebr~s nand~ill Inventory for Chesterfield County." ~OT~ 2~ Draft 4 - 22 Sop 87, Department cf Wastm Management, page 159. NOTE ~: ~PA's RC~A Ground-Water MonitQrlng Technical 8nforcement Guidance DocUment (5-8-87 Copyright 1987 by the ~uroau of Natlonal Affairs, Inc., Washington, D.C.} NOT~ 4~ Westinghouse ~ "Bnvirommentally Sound Saint,cnG Waste Disposal." - Th~ Landfi~t Dilemma, page FACTS BEARING ON THE PROBLEM: The Mateaca Magisterial District is almo~ one half of total land area of chesterfield County; it is the home of the family farm, and good living; it is undeveloped as compared to the other Districts of ~he County? i=s southern boundary ie the ApDomatto~ River and Lek% Chezdin. The ,forest and farm land rounds out tho Appomattox basin which is prime for quality and orderly d~velopment; however, the lack of a ~af~ and effective solid waste disposal policy has l~d to open dumps, roadside dispo~el~ and backyard incineration throughout the COunty. Ther~ doe~ not appear to be any single solution to the safe disposal of solid waste; however, the be~t ~olution appear~ tO COnSiSt of a mi~ of technological systems applied in some ratio to each other, with a sanitary landfill as the common element for safely storing the ash from each disposal landfills for ~elid waste disposal, aixed technological developed tQ solve the problem on a rsglcnal and coo~erat~vs basis with other municipalities. Ba~ed upon the extrapolation Of the content in assumption 7, above, Chesterfield County should not take the ohanoe of the probability ci the contamination of w~ll water in the wia=erpoek area by approving new landfills in that area until a comprehensive hydrological study ha~ been made by competent testing agencies. 1. The applicant's request dues nut show an additional public need for n~w landfills of any type in Chesterfield County. 2. The condltious supporting the request for approval do not asEumptionE. 3. The request does not show who will be ~eSpensible maintaining the landfill during th~ ~ost-closure period, er the id~mtlflcatlon of ~he financial assurance for any There is no reference to any hydrological study, which assures those who use well water in th~ area ~at the addition of new landfills in the area will not degra~g the 5. chesterfield county is participating in a study to seek an alternative to the present us~ of l~Dd~ills in the county by co0p~rating with the Richmond Regional Planning District Commission and the Creter Planning District Commission; the pursuit of th~ ~tudy is underway. Should the Board approve thi~ request, it i~ concluded that Assumptions 3, 4, and 5 should b~ adde~ tO required ccndition~ of approval. ACTION'R~COMMENDED~ It is re0ommended ~h~t the Board: 1. Deny %he Conditional Use request number 88S005, ba~ed upon tho above sited landfills wilt not be approved by the Board until aft+r completion of the combined planning districts study." Mr. Mayas reemphasised his reasons for opposing the proposed request and stated that, after hearing all the presentations and reviewing the information pertinent to the proposed Nays: Mr. Applegate, Mr. Sullivan and Mr. Currin. Mr. Applegate stated the motion ~or denial failed. There was further discussion as to the need £0r landfills, deferral of the subject request until further study of issne could be accomplished, etc. On motion of Mr. Currln, seconded by Mr. Sullivan, it was resolved to dolor Case 8SSQQ5 ~ntil June 22, 1988, and to obfain consultant serviee~ fo a~ potential risks to health and the environment from stLLmp/debris landfills and advise the Beard of Supe~vis0rs ~elatiwe to s~eh ~isk~ and recommend s~andards fur si%lng, design, opera~ion, c!esure and post closure maintenance of stump/debris landfills. An amendment to the motion was suggested by ~r. Currin~ and accepted by Mr. Sullivan~ to defer the request for 120 days so that s~aff could oomplete fha n~o~seary proceduree/rec/uiremente to o~tain the consultant services for the study for the Board's consideration. ~r. Mayas stated he felt e hydrological shady cf that g~neral area was needed before a deoision could be made. Mr. Daniel stated he felt an evaluation/study of the need for and the ramifications o~ future landfills in Chesterfield County, the ~Iection of a location for a facility at ~uoh time a~ existing landfills have been filled, a review of the land use plan to determine appropriate ~it~n for loeafion of future landfills through the pnbllc hearing process, and evaluation of ether technical aspect~ of landfill operati~D$, etc.~ was On motion of Mr. Currin, seconded by Mr. Sullivan~ the Board deferred Case ~$005 un,ii July 27, 19S8, and directed s~aff to obtain consultant services to asse~s potential risks to health and the environment from stump/debris Iandfills and advise the standards for siting, design, operation, closure and post 87S157 In Bermuda Magisterial District, JAM~S W. BLACKBURN requested r~zoninq from Co--unity Business (B-2) to General Business (~-3) on a 3.1 acre parcel fronting approximately 475 feet on the east lin~ of Jefferson Davis Highway, also fronting approximately 178 feet on the north line of Arcadia Avenue and approximately 400 feet on the east line of Elokomin Avenue, and located in tko northeast quadrant of the intersection of Jefferson Davis Highway and Arcadia Avenue. Tax Map 98-10 (2) Normandele Terrace~ Bleak 12~ Loh~ 9 through l~ and T~x Map 98-14 (3) Normandale Terrace, ~lock 12, Lots 15 through 24 and Lots 47 through 65 (sheet 321. Mr. JacObSon stated the Planning Co~t~ission recormnended d~ni~l of Case 87S157 as it was concerned about the impact of B-3 uses on adjacent residences and the applicant's inability bO adequately screen the uses from adjacent residences. Mr. Dale Gipe, representing the applicant, ~tated the applicant ha~ proffered conditions designed to provide a greater buffer along Elokomin Avenue, to address improvements to the parking area located south of the existing building, and to address subject site trem~dously i~ an effort bo improve the sit~ and contribute to %he enhancement of the Jefferson Davi~ corridor. There was no opposition present. On motion o~ Mr. Ceftin, seconded by Mx. approved Case 87~157 and accepted the conditions: Sullivan~ the Board We will remove the throe (3) mobile homes from the property within two (2) years of approval. A fifty (50) foot buffer ~hall ~a maintained elonq Elokemin Avenue. Other than utilities, th~ Ioe~tion of which shall be approved by the PlanninG Department, ~n eight (8) foot solid board fen~ and lan4acaping, there shall be no facilities located within this buffer. The base of the required f~nce sha~l ~e located at the same elevation as Elokomln Avenue. Where possible, existing vegetation in the buffer shall De maintained and supple- mented where necessary to provide effective ~reening. Further, i~ the owner of Lot 25~ Block 12 cf Normandale Terrace Subdivision desires screening of the uss and if the owner agrees to grant p~rmissien for landscaping and/or a fence on hi~ pr0p~rty, ~lqs applicant agrees to install such screening. Doeth~antatlon of the owner's de~ir~ ~hall be suba, itted to the Planning Department. A plan depicting these requirements shall be submitted to the Planning Department within fourteen (14) days of the approval of this request. The bnf£ers sh~ll be installed withi~ thirty (30} days of ~he approval of the plan by the Planning Department, ~e will paint th~ buildings a subdued color within 12~ days of approval. 4. We are working with Chesterfield Utilities Department to have County sewer extended to the property. We will al~o grant ~asements through the property to eatpnd sewer 5. The parking area located south of ~he e~i~ting building located along ~efferson Davis Highway sh~l be graveled with a minimum of si~ (6) inches of ~21 er ~21A stone. The parking area shall he ~t back ~ minim~.% of fifteen Davis Highway and Arcadia Av~n~e. Th~ peaking area shall be delineated by a pe~anent m~an~ ~uch a~ railroad ties, concrete bumpers, etc, A plan ~epicting thi~ requir~ent shall be submitted to th~ Planning D=partment for approval within fourteen (I4) days of approval of this re,vest. The parking lo% imprcV~ents shall be installed within thirty (30) days of the approval of the plan by the Planning Department, Vote: .Unanimous 88-193 ~?~i~2 In Matoaca Maqisterial District; VIRGINIA POWER requested Conditional Use to permit an electric substation in an Agri- cultu~aI (A) District on a 7.0 acre parcel fronting approximately 502 feet on the east line oX Winterpock Road, approximately 700 feet south of Bethia Road. Tax Map 75-10 (i) 9art of Parcel 17 {sheet Mr. Jacobsen seated the Planninq Commission recommended approval of Case 87~162, subject to several Mr. Carlton Rowe, representing the applicant, stated the recommended conditions were acceptable, however, he requested amendment of Condition~ ~ and 6 since the applicant could only obtain the partial cooperation of an adjacent property owner, Mr. Wood~ who resides on ~a~ceI ~ located on Tax ~ap 75-10. A£ter a brief discussion, it was generally agreed Conditions and 6 could be ~ew0rded to reflect Mr. Rowe's request. On motion of Mr. Mayus, seconded by Mr. 'Currin, the Board app~0ved Case ~7S162, subject to the following conditions: 1. The following condi=ions nctwiths=anding, ~he plan ceived December 23~ 1987, shall be considered the ~aster ~lan. 2. A security-type fence shall ~e ' installed around the proposed substation and ~hall b~ desiqned to preclude trespassing. The exact height and design 0~ the ~ence shall be approved by the Planning Department at the time of site plan review, 3. The area between the security fence and the propert~ boundaries shall h~ maintained as a buffer. With exception of one (1) entrance/exit to Wint~rpock Road, Master Plon~ and an~ distribution lines, there shall no facilities or other improvements permitted within this buffer. Existing vegetation within this buffer shall be maintained and supplemented where necessary with landscaping and/or harming so as to minimize view uf the substation from a~jacent properties public rights of way. In addition, other means of ~oreening (i.e., ornamental Ieacin~, decorative sures, etc.) may b~ used either in conjunction with, or as an alternative for~ land~capinq and/or bermlng. A shall be submitted to the Plenninq Department for approval. 4. Prior to the issuance of a building permit, forty-five {45) feet of right of way, measuYed from the centarline of Winte~pook Ro~d for the entire property f~ontage, ~hall be dedicated to and for the County of Chesterfield, free and unrestricted. 5. If the owners o£ Parcel 5 on Ta~ ~ap 75-10 permit the applicant to take water samples of their welt to determine existing water ~uality and, if construction proves to contaminate the w~ll located on Parcel 5 on Tax Map 75-10, the applicant shall be responsible for connecting ~he property to public water, {CPC) 6. In addition ~o submission of landscaping plan~ to the Planning Department for approval as required by Condition oompo~ed of the applicant, the owner~ of Parcel 5 on Tax ~ap 75-10 (ii ~hey chee~e to participate}, and two representatives of the Winterpock Civic Association, bility ~or approval of %h~ ptsn. (C2¢) 12~ ADJOU P~EN~ On motion of Mr. Daniel, ~aconded by Mr. adjourned at 6:30 p.m. (~) un~il 2~O0 p.m, 19S8. (EST) on March 31, Unanimous