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07-24-85 Minutes
BOARD OF SUPERVISORS MINUTES July 24~ 1985 Supervisors in Attendance: Mr. G. H. Applegate, Chairman Mr. Jesse J. Mayas, Vice Chairman Mr. Harry G. Daniel Mr. R. Garland Dodd M~S. Joan Girone ~_r. Elmer Hedge Assistant County Administrator Staff in Attendance: Mr. Stanley Balder~on~ Dir,~ Econ. Develop. Mr. Tom Cal!.ahan, Airport Manager Mrs. Do~is DeHart, Legislative Coo~d. Asst. Chief F. W, Dolezal Fire Department Mr. James Gillentine~ Nursing Rome Adm~n. Mr. Phil Heste~, Dir. · Building official Mr. William Howell, Dir. of Env. Eng. Transp. Director Col, Joseph Pittman, Chief of Police Mr. M, D, Stith, Jr., Dir. of Utile. ties Sheriff E. L, Wingo~ ~r. Applegata called the meeting to order at tl]~ Courthouse at 9:@5 a~m. (EDST). 1. INVOCATION Mr. Applegate introduced R~verend Tomn~ie Herndon, Pastor of Ivey Memoriol United M~thodist Church, who gave the iuveoation. 2. APPROVAL OF MINUTES 2.A. 'JU~ 26. 19~85 ' There was considerable discussion regarding the minutes o~ June 26, 19~5 regard];~g ~h~ Ben Air Plan. On motion of Mr, Mayas, seconded by ~rs. Girone, the Board accepted Mrs. ~irone's proposed amendment t0 the minutes of June 26, 1985 regarding the Son Air Plan. Ayes: Mr. Apple~ate, Mr. Mayes, Mr. Dodd and Mrs. Girone. Abstention: Mr. Daniel. On motion of Mr. Mayes, seconded by Mrs. Girone, the Board approved the minutes of June 26, 1985, as amended. 2.B. JULY 10~ 1985 On motion of Mr. Daniel, SeConded by Mr. Dodd, the Board approved the minntes of July 10, 1985, as amended. Vote: Unanimous 3. COUNTY ADMINISTRATOR'S COMMENTS Mr. Applegate introduced Mr. Hedge who would be substituting for Mr. Redrick. Mr. Hedge stated that Mr. Hedrick was attending a conference sponsored by the Institute of Government at the University of Virginia for two weeks. Be stated he was selected ~rom many local government candidates nationwide to participate. Mr. Masden introduced Ms. Mary Payne, Executive Director of the Capital Area Agency on Aging (CA3%A}, who was present. MS. Payne stated this is the first time that the Virginia Department for Aging has mandated that the CAAA report to the locality on its 1986 and 1987 financial plan which was mailed to the Board earlier this week. She introduced Mrs. Janice Mack, Ms. Alice Newlandr MS. Carrie Rogers and Mr. John Jak~bec who w~re also present. She outlined the plan which is very much like the existing plan, explained funding decreases, that no expansion of programs were planned, the solicitation of contributions for the progr~s from ±he participants, the need to service the economically and socially needy, the increasing elderly population, the poverty level of the elderly, the function of Ms. Diane Peterson who i~ Chesterfield County's Resource Coordinator for the agency, the food distribution program, the HomeShare program, etc. The Roard expressed appreciation to Ms. Payne for her tremendous job and 'that of the other men, ers of th~ Agency who serve on the Agency's Beard as the demand for services is increasing. 10. N~ BUSINESS 1D.A. COMMITMENT OF FUNDS AND OTHER RELATED ACTIONS FOR HENRICUS Mr. Masden stated that many individuals including me~nbers of the Board hav~ worked on preserving the Henricus site for many years and now ~ome concrete action is being taken. Re briefly reviewed the history of the site, He introduced Mrs, Lucille Moseley, member of the Chesterfield ~istorical Seciety~ Dr. Louis Manarin, State Archivist and co-author of Renrico County'~ history; Dr. John Pastore, of Henrico Doctor's Rospital who will chat= a foundation which will be werkin~ hoQard the full restoration of the site; The Konorable Anthony Mehfoud, member of the ~enrice Board of Supervisors; and Mr. Bob Rhodes, Asst. Administrator for Henri, ce Doctor's ~ospital. Mr. Mehfoud, on behalf of th% B©ard o~ Supervisors of ~enrico County, presented a check iD. the a~ouDt Of S25,000 to be used toward Phase I development cf the Renricus Park project. He stated they look~d forward to wc. rking.with the Board, Parks and Recreation, Renrlco Doctor's }~ospital, Lone Star Industries and 85-476 ~irginia Power in this endeavor. He introduced Mr. George Drumwright, Deputy County Manager for ~enrico, who would serve as their liaison along with, Mr. Elliott Mc~eorqe, Director of Recreation and Parks, in this effort. He stated it was Henrfco County's pleasure to work With Chesterfield in this development and promotion of our rea0nrces. Mr. Applegate accepted with appreciation the check from Mr. Mehfoud and stated this is just another of many cooperativs sfforts in which the two jurisdictions have worked to make the community a better place in which to live. Mr. Rhodes stated a check had been forwarded to the County in the amount of $4,000 o~ behalf of the Henrico Doctor's ~ospital. ~e stated the Hospital has been delighted to work with both Counties in this effort and it was a pleasure to be associated with the wonderful cooperative effort. He stated this check would be used for signage and work within the pavillion that is planned for the site. Mr. Applegate expressed appreciation for the donation, Mr. Masden stated further that Mr. Rhodes and Mr. Drumwright had been working with the County very closely. He stated also Sue Hanson with Henrico County and ~hil Hester will aisc be working closely on this project. Dr. Pastore expressed appreciation to the Board, Henrico County and Henrico Doctor's Hospital for their cooperation toward the restoration of Henricus. He stated they have formed a foundation and an Executive Board who will formulate plans for Henricus. Mr. Dodd stated it is a long time dream to have this site which has so much significance become a reality. He briefly outlined how the project began and expressed appreeiation for the cooperation of all groups involved. Mr. Applegate stated the County has matched this contribution with an additional contribution of $25~000. On motion of Mr. Doud, seconded by Mr. Mayas, the Board: 1. Accepted $2~,000 from }{enrico County for Phase 1 of the cOnStruction of Kenricus Park, 2. Accepted $4,000 from Henrico Doctor's Hospital for the interpretive area which is includ,d as a part of Phase 1 construction of Henrieu$ Park, 3. Combined these funds with County funds and placed in the appropriate accounts to allow the Parks a~%d Recreation Department to start construction o~ this site. 4. Authorized the County Administrator to accept the easements granted by Virginia Power, Lone Star Industries~ Colonial Dames, Corps of Enqineers and Eenrico County, subject to the approval of the County Attorney's oifice. 3. COUNTY ADMINISTRATOR'S COMMENTS Mr. Hedge introduced and congratulated Assistant chief F. W. Dolezal on his rscent election as President of the State Fire Chiefs Association of Virginia. He stated he is one of the youngest chiefs to hold the office and only the second assistant chief. He stated that ne~t year the 400 msmber Association will hold their anuual conference in Chesterfield and the County looks forward to hosting this conference. Asst. Chief Dolezal expressed appreciation to the Boar~, County Administration and Chief Ranes who have given hi~ the op~ortuni'by to participate in this and othe'~ organizations for without thaC suppur~ it would E5-477 not have been possible. The Board congratulated Aest. Chief Dolezal on this election. ~r. Hedge stated that Mr. Hedrick requested that he recognize Mr. Jori Ham, Editor of the Chesterfield Gasette, who received a national award for columns on democracy written and also Mr. Jack Moore for a sports column. ~e expressed congratulations te both gentlemen on the awards received. Mr. Hedge stated that Mrs. Pauline Mitchell is absent from the County and that anyone needing assistance should contact Mr. M. D. "Pete" Stith. 5. REQUESTS TO POSTPONE ACTION~ E~RGENCY ADDITIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Dodd, seconded by Mrs. Girone, the Board added Item 10.I.7., Request for Reduced Speed Limit On Old Stage Read; added Item 10.I.8., Refer Ordinance Relating to Nonconforming Uses to the Planning Commission; added Item l~.J.3.a,, Award of Contract for Hscrow Agent, Paying and Registering Agent and Trustee Services for Sewer and Water Bonds; deferred Item 10.C., Resolution Determining Advisability for County to Contract Debt and Issue General Obligation Bonds to Finance Various Public Improvements and to Request Circuit Court to Order an Election until August 28; added to Item 10.L., Executive Session, Consideration of a Settlement in Buddy Sprouse Vs. Chesterfield County pursuant to Section 2.1-344 (a) (2) of the Cede of Virginia, 1950, as Amended; and furthsr the Board adopted the agenda as amended. Vote: Unanimous Mr. Applegate stated that ha requested some information from the Parks and Recreation Department concerning some cost figures for Item 10.C. and was advised that it would not be available which is why he had requested the deferral. 4. BOA~D CO~ITTEE REPORTS Mr. Dodd stated he at=ended a NACO meeting in Orlando, Florida and the most important segment referenced roads. He stated the emergency situation for funding of roads is not limited to the County as it is a national problem facing fast growing jurisdictions. ~e stated if the Ceunty is to take its own destiny into its hand~, it must tackle the road needs in the community. ~e s~ated the people need to be e~ucated and the bond issue for roads is necessary. He presented a brief synepsis of the meeting to the Board, a Copy of which is filed with the papers of this Board, and indicated a tape was available for anyene wishing to listen 'to it in its entirety. Mrs. Girone stated in line with what Mr. Dodd had indicated, the Board should be aware that in o~der for the road allocations to the localities to stay even over the next five years, ~he gas tax would have to be increased by 9¢. She stated it is now 11¢ and in order to keep the same level of service ~hich we say is inadequate, the gas ta~ wou~d have to be 20¢. Mrs. Girone stated that she went to Camp Baker when the Nursing Home residents had a swim with the students at the Camp and the County does appreciate that pre~ram~ Mrs. Girone stated that there was m ~eeting with the State Police, the Highway Safety Officer, the Planning Staff and Mr. Frank Hcpstead at Midlothian High School with regard to safety problems concerning the children getting in and out of the 85-47.8 School. Sba stated a plan was devised to use LeGordon, use the new light and use the new road that is construsted between LeGordon and the Righ School parking lot and they are confident it will be a safer situation and will move traffic better. Mrs. Girone stated she and Mr. Applegate had attended a luncheon at which Congressman Bliley was also in attendance and Southland Corporation had introduced a child abuse prevention program, Mr. Daniel reinforced Mrs. Girene'a co~T~ents regarding roads. Re stated with the changing character of Chesterfield, by looking at the article in the Richmond Times Dispatch which again reinforces the ~act that we are growing disproportionately on the economic side as compared to the residential side, it is becoming more of a people than an industrial County; that 9¢ is what it would take to stay even and staying even is getting further behind, and the latest he has heard is that a 2¢ gas tax may be passed. Ee · stated even though the road situation is a state responsibility, if we don't do it ourselves, it won't be done. 6. I~ESOLUTIONB OF SPECIAL RECOGNITION A. M~ff4BERS OP T~ SILVER RAIPJ~D LRGiSLATUR~ Mr. Applegate recognized ~rs. Alice Newland and Mrs. Carrie Rogers who were present. On motion of the Board, the following resolution was adopted: WREREAS, The Chesterfield County Board of Supervisors recognizes the outstanding contributions Mrs. Carrie M. Rogers has made to community life in our County for the past 29 years; and WHEREAS, Mrs. Rogers continues to serve her community on a volunteer basis as a member of the Chesterfield Senior Council and its Senior Hall of Fame Conu~ittee, as a member of the Capita] Area Agency on Aging representing the Counties of Chesterfield and Powhatan, as ~ hostess and tour guide at the Chesterfield Museum, as a volunteer aide ~0r residents of the Lucy Corr Chesterfield County Nursing Rome when they travel on trips, as a member of the Christmas Mother Committee, as a representative on the Community Services Board, as a member of the Human Rights Committee o~ Central State Bo~pita!, as a Licensed Omsbudsman fo~ Monitoring Adult Homes and Nursing Homes in the Metropolitan Area, and as Regional Vice President for the Mental Realth Association of Virginia; and THEREFORE BE IT RESOLVED, That the Chesterfield County Boar~ of Supervisors doe~ appreciate the activities of its civic-minde~ citizens and does hereby congratulate Mrs. Rogers, who was elected by her peers from a field of more than 50 candidates to serve a second term as a Senator in the 1985 Silver Haired Legislature, July 28-31. Vote: Unanimous Mr. Applegate presented ~trs. Rogers with the executed resolution. On motion of the Board, the following re~olution was adopted: W~EREAS, The Chesterfield County Board of Supervisors recognizes the contributicns Mrs. Alice Newland has made to community life in our County; sad 85-479 WHEREAS, She is a retired librarian and teacher who has served with distinction for many years in Chesterfield County; and WHE1AEAS, Since her retirement as a public school teacher, she has served as an at-large delegate and vice president of the Board of Directors of the Capital Area Agency on Aging; and WMRR~AS, She is a hard-working member of the Retired Teachers Association, and a volunteer at Chippenham Hospital as well as an active member of Mt. Pisgah Church; and WHBREAS~ The members of the Board of Supervisors appreciates the activities of its civic-minded citizens; and ~HEREFORB BE IT RESOLVED, That the Bo=rd does hereby congratulate Alice C. Newland, who was elected by her peers from a field of more than 50 candidates to serve a second term as a Delegate to the ~985 Silver ~aired Legislature, July 28-31. Vote: Unanimous Mr. Applegate presented Mrs. Newland with the executed resolution. Mrs. Girone expressed appreciation to Mrs. Rogers and Mrs. Newland for their reelection to the Silver Haired Legislature an( for bringing this honor to Chesterfield County. 6.B. MR. H. F. HANCOCK~ JR. FOR SERVICE TO FIRE DEPARTMENT Asst. Chief Dolezal briefly outlined Mr. Hancock's service to Chesterfield County for over 35 years and for his service to the Virginia Division of Forestry. On motion of the Board, the following resolution was adopted: WB~REAS, Mr. ~. F. HaDcock, Sr. is retiring from the Virginia Division of F~restry on August 1, 1985, after 23 years of dedicated service; end WHEREAS, Mr. Bancock was one of only twelve (12) charter members who met on August 21, 1950, to organize the Clover Hill Fire Company and served as District Chief of that Company from 1950 to 1963; and WHEREAS, He has freely assisted the Chesterfield Fire Department and Chesterfield County in many ways over the years; and WHEREAS, it is the desire of this Board to recognize his faithful service to the Chesterfield Fire Department and the citizens of Chesterfield County. NO?;, THEREFORE~ BE IT P~SOLVED that this Board publicly recognizes the long and distinguished service of Mr. Frank Hancock and this Board extends on behalf of ~!z members and the c~tizens of Chesterfield County, their appreciation for the thirty-five (35) years of service to the County and hopes that his retirement shall be long and rewarding; Vote: Unanimous Mr. Applegate presented Mr. ~ancoek with thm executed resolution 7. HEARINGS OF CITIZENS ON 5%ISCI~EDULED ;gkTTERS OR CLAIMS Mr. Hedge stated there were no citizens ~cheduled for this meeting. 85-4~0 8. DEFE~/~ED ITEMS Mr. Hedge indicated there were no deferred items at this time. ,9:, ,,, ,PUBLIC HEARINGS 9.A. RESTRICTION OF THROUGH TRUCE TRAFFIC ON DkLEBR00K DEIV~ Mr. ~odge stated this date and time had been advertised for a public hearing to consider the restriction of through t~uck traffic on Dalebrook Drive. Mr. McCracken stated this proposed restriction would be between Chippenham Parkway end Cogbill Road and since the development in the area is predominantly residential, staff recommends approval~ There was no one present to speak in Opposition to this request. Mr. Daniel stated he had received cells from citizens in the area and apparently trucks have turned o~to Dalebrook Road, they discover they must turn around and they create a difficult situation as there is no place to turn around. On motion of Mr. Daniel, seconded by Mr. Dodd, the Board adopted the following resolution: Whereas, the Chesteriield County Board of Supervisors has received a request from citizens to restrict through truck traffic on Oalebrook Drive, Route 1601, from Chippenham Parkway (Route 150) to Cogbill Road (Route 638) by any truck Or truck and trailer or semitrailer combination except pick~up or panel truck; and Whereas, the Board has conducted a public hearing on the guestlon. Now, Therefore, Be It Resolved that the Board of Supervisors requests the Virginia Department of Highways and Transportation to restrict through truck traffic on Dalebrook Drive from Chippenham Parkway to Cogbill Road. Vote: Unanimous CONVEYANCE OF PARCELS TO MUNICIPA~ LEASING CORPORATION IN CONJUNCTION WIT~ LEASE/PURCHASE OF TERSE BUILDINGS Mr. Hedge' stated this date end time had been advertised for a public hearing to consider the conveyance of County property in conjunction with the lease/purchase financing of the new data processing~ human services and courts buildings. Mr. Micas explained that as part of the lease/purchase financing for the three buildings, the Board must convey the parcels on which the buildings will be sited to Municipal Leasin~ and at the end of the lease teri.~ both the buildings end lend will revert bask to the County. There was no one present to discuss the matter. On motion of the ~oard, the Chairman and Clerk to =he ~oard were authorized to axecu[e a deed conveying four parcels of land (a copy of the plats are filed with the papers of the Board) which is Dart o~ the lease/purchase financing ~or the new data processing, human services and courts buildings as well as all necessary easements of ingress ~.nd egress, to Municipal Leasing Corporation, subject ts approval o~ the deed as to form by the County Attorney. VOte: Unanimous 10~ NEW BUSINESS ~0.E. DISTRIBUTION OF AIR FAIR PROCEEDS Mr. Tom Callahen stated he appreciated the o~portunity to publicly recognize the people ~hl. helped i~ the success of the Air Fair. ~e stated the Pilots Association and the Kiawanis Club were co-sponsors of the Air Fair with the County. He introduced Mr. Chris Neal, Presid~n~ cf tb~ Pilots Assccia~ion; ~.nd representatives of the Kiawanis Club, Mr. Phil Cunningham, President; Mr. Bobby Robertson, President-Ele~t; and Mr. Jim Daniels, a member~ He e~pressed special appreciation to the Connty Fire Department, Police Department, the Special Police, the Rescue Squads, General Services, etc. for their assistance. Mr. Neal and Mr. Cunningham each presented Mrs. Judy Beach with check for $1,016.80 for the Lucy Corr Nursing He,me and $508.50 ts Dr. Jody Sands for the Chesterfield County Schools for the Trainable Mentally Retarded. The Board expressed appreciation for the outstanding community spirit exemplified by these groups. 10.D. BLUE CROSS/BLUE SHIELD PLAN MODIFICATIONS Mr. ~odge stated several years ago the County combined the Sehoo~ and General County health programs for Blue Crees/Blue Shield which has resulted in considerable savings to the County and improvements to the plan itself. He stated at that same time, the County contracted with IIMC to review and m~nitor the progra~ and recommend changes that might be necessary. Be explained ahanges reoorm~ended with regard to the maximum out of Docket expenses for individual/family coverage, decreasing the number o~ days for i~patient care for psychiatric or substance abuse and initiating a pre-admission certification by the in~uranee compass for non-emergency hospital admissions which he felt were consistent with programs in other localities. Ne stated if these recommendations were accepted, the rates would remain at the present level. Be stated the employees have the option of going with PruCare or the United Medical Program if this program ia no~ acceptable, He stated the program would become effective Octebe~ 1, 19~ asd administratzon will be bric!lng employees of the changes, if adopted. He introduced Mr. Sandy Bremner, representative of IIMC, who was present and explained the recommendations. ~e state~ of other plans in the area, Chesterfisld is the only jurisdiction that has So low a ce-insurance. Bs explained the pre-admission certification proposal and stated the effect of this plan would be to reduce the cost of insurance by 6-7% in any year on an averaqe without lowering the quality of care. He stated ha felt this provided better care as there may be other alternatives to surgery to correct problems and money is saved. Mr. Daniel inquired if there were any other thoughts given rather than reducing the 60 day care to 30 days and especially for a catastrophic case. Mr. Bremner stated that the reason behind ~:his is that if the benefits allow fo~ 60 days, people will stay 60 days for in-patient treatment. ~e stated that other unlimited duration situations, is not the purvey of a health insurance plan, there are other facilities to handle something like life time incarceration. He stated the additional 30-day stay could cost as much as S10,000 per person and he could net predict how many cases there would be. There was some discussion regarding hospitals, insurance companies and patients having to justify insurance claimS. Mr. Bremner stated there is a professional review going on and savings ere being realized because most of the time the discrepanciss in bills are in the hospital's favor. There was some discussion of MMQ'S and the difference between th~ ~lua Cross/Blue shield program. Mr. Applegate stated he shared the ~a~e concern as Mr. Daniel with the reduction of p~ychiatric care as the cost could virtually bankrupt ~n employee if he did not have adequate coverage. Mr.. Hedge stated that substance abuse is increasing and the additional coverage will increase tht rate by 1%. Mr. Applegate stated he felt it would be unwise to reduce the care. Mr. Bremner stated hhet they pa~d out $4,000,000~ in claims last year with 1% b~ing estimated as the cost of mental and nervous problems. Mrs. Girone stated the reco.~cndations ware good and 'that 9erhap~ it could be approved ~s recommendea on a trial basis for one yeal ~5-482 and if it doss not work, the Board could reevaluate the program. Mr. Hodga stated the program is reviewed annually. There was some discussion of the deficit anticipated for last year which did not materialize. ~r. ~pplegate stated he could not vote in favor of the recommendation as it did not include the opinion of a physician or psychiatrist. On motion of Mrs. Girone, seconded by Mr. Daniel, the Board approved the modifications to the Blue Cross/Blue Shield Plan as follows: 1. Adjusting the maximum out of pocket expenses for individual coverage trom $250 to $500 and from $500 to $1,000 for family coverage; 2. Decreasing the nubS)er of inpatient care days for psychiatri( or substance abuse from 60 to 30 days; and 3. Initiating a pre-admission certification by the Insurance Company for non-emergency hospital admissions. Ayes= Mr. Daniel and Mrs. Girone. Nays: Mr. Applegate and Mr. Dodd. Abstention: Mr. Mayas a~ he did not feel he had enough time to make tho necessary evaluation. Mr. Micas stated the motion failsd. Ha added that an alternatiw which is different from the motion made, could be considered to allow the Board to consider some form of an insurance program. Mr. Daniel stated he did not feel an alternative program could b, decided at this meeting as insurance programs ere complex and th~ one recommended by the Committee was denied. Mr. Dodd stated he felt rather than reducing the p~ychiatrie car~ from 60 days to 30 days, to leave it as it is and review it next year because this is the only conflicting point. On motion of Mrs. Girone, seconded by Mr. Dcdd, the Board approved the following modifications to the Blue Cross/Blue Shield Plan: 1. Adjusting the maximum out of pocket expenses for indxvidual coverage from $250 to $500 and from $500 to $t,000 for family covezage; and 2. Initiating a pre-admission certification by the Insurance Company for non-emergency hospital admissions. Vote: Unanimous 10.E. OPERATION OF IRONBRIDGB ROAD SOLID WASTE DISPOSAL FACILIT Mr. Mayes disclosed to the Board that one of the elements in thi particular case involves one of his advisers, he declarod a conflict of intero=t pursuant to the Virginia Comprehensive Conflict of Interest Act and excused himself from tho m~eting. ~r. Micas stated that he ha= advised Mr. Mayas that a conflict involves a financial interest and he understands there is no financial interest; h0w~ver, Mr. Mayas feels more comfortable doing so. Mr. Howell stated that three years ago the Board made a decision to build a new landfill which is referred to as the Ironbridge Road Landfill. He seated the iandfil] %;aS constructed and completed in 1984. lie sta~;od when ~iscussi~g the budget for thi past £i~oal year, the Board considered the opening of that landfill b~t in a final analysis, in order to save on operating costs, it was determined that it w~u]d cost considerably mcr~ tc operate the new faci!i~y than the old Chester Landfill. He stated the Board chose to de]ay the opening of tho landfill anti this fiscal year to save '=he dilfsronce in cost. Me stated ~5-.483 realizing that we were nearing the end of the life of the Chester Landfill, staff let for hid the operation of the new landfill. He stated the low bid was from Walter Link and Company in the amount of $448,000, including the County cost as well as the contract. He stated the actual bld price for the operation was $416,700 per year compared to about $211,000 it is costing to operate the Chester Landfill. He Stated when the bids came in it was obvious that it was going to cost more to operate and would require the tipping ~ee to be increased from $12 to about $18 a ton. He stated in order to arrive at an alternate approach, staff sought proposals for the operation of a collection station and the most attractive proposal was submitted by Shoosmith Brothers in the amount of $194,000 for one year of operation. 5e stated either proposal, if the County is to support the operation of the landfill from tipping fees as we have in the past, is going to increase the tipping fee for commercial collectors from $12 a ton to $15 a ton for the collection station and $18 a ton for the landfill. He stated start recom~nended the collection station because of the lower cost, and the opportunity to participate in regional efforts in the future and that the collection station be approved and fees be increased to $15 per ton. He stated either alternative is viable but a decision need~ to be made as soon as possible because the Chester site is full. Mr. Daniel stated that the issue of how to deal with solid waste in the southern area of the County has been under discussion for many years. He stated that the concept of a collection station at the existing southern area lsndfill was brought to the Board's attention and he was in favor of the transfer station because it avoided putting money into the southern area landfill and it was a minimum cost operation but the Board decided that this issue would be taken to the voters for a southern area landfill which was passed. He ~tated we purchased the land, made the improve- ments and it is in essence ready to open. He stated there are some things that can be done to modify the rate structure to break even such as charging small trucks, etc. but other things have to be considered such as the prevailing ~ates in other jurisdictions. He stated if $18 is the fee to be set, the landfill will not be impacted that much if it is a little less in other jurisdictions, Be stated it is a service that the public wanted and voted for. He stated to get into a collection station now, after discussing the issues associated wi~h it such aa trucks travelling Courthous~ Road, etc.~ would be wrong. He stated he felt it would be morally wren9 not to open the landfill and work out the price structure. Mrs. Girone stated that she felt the southern area landfill should be opened, that individual citizena with re,use should be charged a fee sUCh aa $1.00~ that a fee of $15 or $16 would be coa~etitive, that the hours be changed to 7:00 a.m. to 5:00 p.m., and that the gates De shut at 8:00 p.m. or 9:00 p.m. so that unwanted materials are not deposited there. Mr. Dodd ~tated he felt that ~eopte are not concerned with the moral issue but are concerned with the cheapest way in which to dispose of refuse. Re stated he felt the collection concept is the most cost effective. ~e stated he agreed ~nat the time changes and the charge to individuals would be ~:~ppropriste and that the charge for cutting ~ires be eliminat~ ~. He stated with the collection concept, there will not be any ~ucks traveling Couzthouse Road. He stated although th~ people voted for a landfill, they still want the Board to make tb~ best deal whether it is a collection station or a landfill site. He stated he felt the time will come with increasing technology whe~ we ~ay not ~eed a landfill, it would be left in reserve so that we would not have .to construct another in the County, ~here are no capital funds put into equipment £or the collection station, etc. Mrs. Girone stated she did not feel it wise to handle the refuse twice as it will cost ~c~3e money. Mr. Dodd s~ated the refus~ will have to be handled twice either way. tie stated further that if the operator of the private l~ndfl]..[, reduces l~is cost, the County will not receive revenue for the disposal as customers will go the cheapest way. Mr. Howell stated that based On counts that have been taken staff estimates there will be $36,000 per facility generated by charging individuals $1.00 if applied at both facilities which should equate to between $1.00 and $1.25 per ton of commercial waste which could be deducted from the $18.00 fee. Mr. Daniel stated that the breakeven tipping fee would be approximately $16.50-$16.75 if that were the case. 5~. Daniel inquired if thought had been given to selling the landfill if it were unnecessary. M~. Applegate stated this idea had been discussed and because of it being a bond referendum issue there were legal ramifications. Mr. Applegate stated he felt Mr. Dodd's comments were correct in that the trucks would not travel Courthouse Road bu~ only go approximately one-half mile away to the private landfill site. He stated the people did vets for this but he incuired if the proposed tipping fees were what were discussed at that time. ~r. Daniel stated that charts were presented to the public with proposed fees. Mr. Applsgate stated that we are always comparing Our rates with Menrico but he is not'sure that is the right comparison. He stated that there arc a number of independent contractors who serve the County and we are talking about a tipping fee of SiS a ton rather than $12 to open the southern area landfill which is a 50% increase. He stated that the ~ndependent Ope=stet cannot absorb that cost~ he will take this charge and put the burden on the citizens~ ~e stated we do have an opportunity to go with the colleution station for one year and we could study the entire situation further with regard to recycling. Me stated to pass on this 50% increase i~ wrong for the cztizens as well as the independent operators. Mr. Dodd stated that if the County goes to $15.50 and the private landfill will take it for $12.00 a ton, they will ge ~o the private landfill. Me stated the unknown may be that you will not get the volume necessary and it will hurt the operation. 8e stated we could try this for a year since we are not buying a lot of equipment, ~tc., and reevaluate it. Mr. Daniel inquired if after a year things are not as exq?ected with this plan of action, would he be willing to open up the landfill. Mr. Dodd stated he felt he would. Mr. Applegate stated he did not feel the County should be in the refu~e business and he would l~ke to see it taken a step further to that of a private entrepreneur in the future. F~. Daniel inquired about the sale of the landfill even though it was purchased with a bond referendum. Mr. Micas stated that the landfill could be sold wlth the proceeds paying back the bonds. On motion of Mr. Dodd, seconded by Mr. Daniel, tI%e Board: 1, Authorized the County Administrator to negotiate a one-year contract with ghoomsmith Brothers for the operation Of a solid waste collection stat!on~ 2. Established the t~pping fee a: $t5.00 per ten which represents the bremkeven cost of operating the Warbro Road Lend~ill and the Route t0 Collection Station; 3. Established a $1.00 charqe per non-commercial vehicle emptying other than household ~arbage at ~he two disposal facilities; 4. Eliminated the charge for tire splicer, g; 5. Operate Warbro Road Landfill from 7:~ a.m~ to 5:00 p.m. for com~,ercia 1 haulers; 6. Shut down public dispossl sre~ s~ the War,re Road Landfill at S:00 p.m.; and 7. 0parers collection statio~% f~f~ 7:00 a.m. to 8:00 p.m. for residential waste. Ayes: Mr. Applegate~ ~r. Daniel, M~'. Dodd aed ~lrs. Girone. Absent: Mr. Mayas. Mr. Mayas returned to the meeting. F. BUDGET ISSUES ~.l. ADDITIONS AND ALTERATIONS FOR FOOD SERVICE AT JAIL On motion o~ Mrs. Girone, seconded by Mr. Dodd, the Board appropriated $22,000 from the General Fund Contingency account for completion of the additions and alternations to food service facilities at the County Jail. Vote: Unanimous 10.F.2. FUNDS FOR LEASE PURCHASE OF HUMAN SERVICES~ DATA PROCESSING AND COURTS BUILDINGS On motion of the Board, the Board appropriated $2,428,000 for the lease/purchase of the human services, courts and data processing buildings with funds to be e×pendad from the followinq sources: In%crest on Lease Purchase Reserve Fund Capitalized Interest (from Loan Proceeds) Repayment to General Fund (from Loan Proceeds) for Cost of Building Design Availabl~ from Current Year Capital ImprcvemeDt Funds Total Vote: Unanimous $ 245,000 900,000 589,500 693,500 $2,428~00q 10.G. CONVEYANCE OF LEASES AT PARK SITES On motion of Mrs. Girone, seconded by Mr. Dodd, the Board set the date of September 12., 19S5 at 7:00 p.m. for a public hearing to consider the conveyance of leases of real property at various park sites to operate ~ood concessions. Vote: Unanimous 10.H. CONSENT ITEMS 10.H.1. ADDITIONAL STATE REVENUE FOR SHERIFF'S OFFICE On motion of ~s. Girone, seconded by ~r. Dodd, the Board appropriated $102,000 in state funds to the Sheriff:s Office for five additional positions ~or the Jail. 10.H.2. INCREASE OF POLICE DEPARTMR~IT 9~TTY CASH FUND On motion of Mrs. Girone, seconded by Mr. Dodd, the Board increased the Petty Cash fund in the ~/ice Unit of the Police Department in the name Of Chief Joseph Pittman or Lt. A. V. Maddra from $2,000.00 to Vote: Unanimous 10. H. 3.. STAT_~E EO~A? This day the County Environme~ta] Eng~ir~eer, in accordance with directions from this Board, mmda re~,ort in writing upon his examination of Sout;]lanfl Dtiw>, BeCmuda District. Upon eons.~deratlon whereof, and on mot:Ion of ;4rs. Giro*~e, seconded by Mr. Dodd, it is resolved that Sounhland Drive, Bermuda District, be and it b~.~reby is established as a public road. And be it ~urther resolved, that the Virginia Department of !Highways and Transportation, be and it hereby is requested to take into the Secondary System, Southland Drive, beginning at the intersection with Jefferso~ Davis Highway, State Route 301, and running easterly 0.22 mile to end in a cul-de-sac. This request is inclusive of the adjacent slope and site distance easements. This road serves as access to the adjacent coRur~ercial property. And be it further resolved, that the Beard of Supervisors guarantees to the Virginia Department of Highways a 50' to 60' variable width right-cf-way for this road. Southland Drive is recorded as follows: Plat Book 34, Page 35, August t3, 1979. Vote: Unanimous This day tho County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his e~aminatien of Hartford Lane in Brookfield South, Section A, Clover Hill District. Upon consideration whereof, and on motion of Mrs. Girone, seconded by Mr. Dodd~ it is resolved that Hartford Lane in Brookfield South, Section At Clover Hill District, be and it hereby is established ns a public road. And be it further resolved, that the Virginia Department of Highways and Transportation, be and it hereby is requested to take into the Secondary System, Hartford Lane, beginning where State Maintenance ends, Hartford Lane, State Road 2664, and going 0.11 mile easterly to a cul-de-sac. This request is inclusive of the adjacent slope and site distance easements. This road s~rves 17 lots. And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Highways ~ 50' right-of-way for this road. This section of Broekfield South i~ recorded as follows: Section A. Plat Book 45, Page 81, May 3, 19~4. Vote: Unanimous This day the County Environmental Engineer~ in accordance with directions from this Board, ~ade report in writing upon his examination of Brandermill Parkway in Chimney Eeuse, Section One, Clover Hill District. Upon consideration whereof, and on motion o'f Mrs. Girone, seconded by Mr. Dodd, it is resolved that D~audermill Parkway in Chimney ~ou~e, S=cti0n One, Clover ~t!.~ District, be and it hereby is established as a public road. And be it further resolved, that the Virgznis Department of Highway~ ~d Transportation, be and it hereby is requested to take into the Secondary Syste~b Brander~il] Parkway~ beginning where Brsndermill Parkway ends ii1 Ridge Creek aD~ going 0.]0 mile northerly to ths intersection with ~himney ~touse }load, 'then continuing.0.04 mile northerly to tie into proposed Brandermill Parkway. This request is inclusive of the adjacent slope and site distance easements. This road serves 15 lots. And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department e~ Highways a variable 70' to 90~ right-of-way for this road. This section of Chimney House is recorded as follows: Section One. Plat Book 44~ Pages 53 and 54, November 14, 1983. vote: Unanimous This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of Brandermill Parkway, Long Hill Road and Lonq Hill Court in Long Hill, Clover Hill District. Upon consideration whereof, and on motion of Mrs. Girone, seconded by Mr. Dodd, it is resolved uhat Brandermill Parkway, Long Hill Road and Long Hill Court in Long Hill, Clover Hill District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Highways and Transportation, be and it hereby is requested to take into the Secondary System, Brandermill Parkway, beginning where Brandermill Parkway ends in Chimney House, Section One, going 0.03 mile northerly to the intersection with Long Hill Road, then continuing 0.05 mile northerly to tie into proposed BrandermiI1 Parkway; Long Hill Road, beginning at the intersection with Bran~ermill Parkway and qoing 0.09 mile westerly to the intersection with Long Hill Court, then continuing 0.06 mile westerly to a cul-de-sac; and Long Hill Court, beginning at the intersection with Long Hill Road and going 0.06 mile northerly to a cul-de-sac. This request is inclusive of the adjacent slope and site distance easements. These roads serve 26 lots. And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Highways a 5~' right-of-way for all of these roads except Hrandermiil Parkway which has a variable 90' to 100' right-of~.way. ~ong Hill is recorded as follows; Plat Book 44, Pages 55 and 56, November 14, i9~3. Vote: Unanimous This day the County E~vlronmental E~gineer, in accordance with directions from this Board, made report in'writing upon his examination o~ Brandermill Parkway, Ridge Creek PDad and Ridge Creek Court in Ridge Creek, Clover }~ill District. Upon coDsideratlon whereof, and on motion of Mrs. Girons~ ~econded by Mr. Dodd, it ~s resolved that Br~ndermill Parkway, Ridg~ Crc~k P~ad and R~dgu Creek Court in Ridge Creek, Clover Hill District, be and ~hey hereby a~e astab!ishe~ as pub].ic A~d be it further resolved, that the Virginia Department of Highways and Transportation, be and it hereby is requested to take into thm Secondary System, Brande~mill ~arkway, beginning where State Maintenance ends, Brandermill Parkway, State Route 1921, and going 0.02 mile northwesterly to the intersection with Ridge Creek Road, then continuing 0.02 mile northwesterly to tie into proposed Brandermill Parkway; Ridge Creek Road, beginning at the intersection with Brandermill Parkway and going 0.05 mile southwesterly to the intersectiQn of Ridge Creek Court, then continuing 0.09 mile southwemterly to a cul-de-sac; and Ridge Creek Court, beginning at the intersection with Ridge Creek Road and going 0.03 mile southeasterly to a cul-de-sac. This request is inclusive of the adjacent slope and site distance easements. Thess roads serve 22 lots. And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Highways a 50' right-of-way for all of these roads except Brandermill Parkway which has a 70' right-of-way. Ridge Creek is recorded as fell0w~: Plat Book 43, Page 80, August 22, 1983. Vote: Unanimous This day the County Environmental Engineer, in accordance with directions from this Board, mad~ report in writing upon his examination of Spring Bate Road, Spring ~ata ~lace, Spring Gate Terrace and Spring Gate Court in Spring Gate, Clover Hill District. Upon consideration whereof, and on motion of Mrs. Giro~e, ~eeonded by Mr. Dodd, it is resolved that Spring Gate Road, Spring Gate Place, Spring Gate Terrace and Spring Gate Court in Spring Gate, Clover Hill District~ be ~nd they hereby ~staSlished as public roads. And be it further resolved, that the Virginia Department of Highways an~ Transportation, be and it hereby is requested to take into the Secondary System, Spring Gate Road, beginning at the intersection ~ith Hun~gate Woods Roae, State ROUte 2954, and going 0.10 mile westerly to the intersection with Spring Gate Place~ then continuing 0.10 mile northwesterly to the intersection with Spring Gate Court, then continuing 0.07 mile northwesterly to a cul-de-sac~ Spring Gate Place, beginning at the intersection with Spring Gate Road and going 0.05 mile southerly to the intersection with Spring Gate Terrace; Spring Gate Terrace, beginning at the inter~eotion with Spring Gate Place and going 0.aS mile westerly to a cul-de-sac. Again, Spring Gate Terrace, beginning at the intersection with Spring Gate Place and going 0.06 mile easterly to a cul-de-sac; and Spring Gate Court, beginning at the intersection with Spring Gat~ Road and going 0.06 mile southwesterly! then turns and continues 0.10 mile northwesterly to a cul-de-sac. This request is inclusive of the adjacent slope and site easemeDts. These roads serve 58 lots. And be it resolved, that the Board of Supervisoxs guarantses to the Virginia Dspartment of Highway5 a 50' right-of-way for all these roads. Spring Gate is recorded as Pl~'h Book 38, Pages 77 and 7~t May 21¢ ].981. Vote: Unanimous 85-489 This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of Liberty Oaks Road, Liberty Oaks Circle and Liberty Oaks Court in The Oaks, Section Four, Clover Hilt District. Upon consideration whereof, and on motion of Mira. Girone, seconded by Mr. Do~d, it is resolved that Liberty Oaks Road, Liberty Oaks Circle and Liberty Oaks Court in The Oaks, Sectio~ Four, Clover Hill District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department o~ Highways and Transportation, be and it hereby is requested to take into the Secondary System, Liberty Oaks Road, beginning at the intersection with ~orth Beach Road, State P~ute 2907, and going 0.02 mile northerly to the intersection with Liberty Oaks Circle, then continuing 0.03 mile northerly to the intersection with Liberty Oaks Court, then continuing 0.03 mile northerly to cul-de-sac; Liberty Oaks Circle, beginning at the intersection w~th Liberty Oaks Road and going 0.09 mile westerly to a cul-de-sac; and Liberty Oaks Court, beginning at the istsrsecti¢ with Liberty Oaks Road and going 0.06 mile easterly to a cul-de-sac. This request is inclusive of the adjacent slope and site distane( easements. These roads Serve 31 lots. And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Highways a 40' right-of-way for all of these roads. This section of The Oaks is recorded as follows: Section Four. Plat Book 39, Pages 48 and 49, August 31, 1983. Vote: Unanimous This day the County ~nvirenmental Engineer, in accordance with directions from this Boand, made report in writing upon his examination of Bridle Path ~rive in Country Home Estates, Sectiol 2 and 3, Mateaea District. Upon consideration whereof, and on motion of Mrs. Girone, seconded by Mr. Dodd, it is resolved that Bridle Path Drive in Country Home Estates, Sections 2 and 3, Matoaca District: be and it hereby is established as a public road. And be it further resolved, that the Virginia Department of Eighways and Transportation, be and it hereby is requested to take into the Secondary System, Bridle Path Erive, beginning at the end of Suate Malntained Bridle Path Drivs~ State Route 1370, and running northwesterly 0.02 mile to the intersection with Bridle Path Court, then continuing northwesterly 0.13 mile to end in a cul-de-sac. This request is ~nclusive of the adjacent slope and site distance easements. This road serves 15 lots. And be it f~rther resolved, tha~ the Board of Supervisors guarantees to the Virginia Department of Highways a 50' right-of-way ~or th~s These sections of Country ~ome Rstates ~re recorded as follows: Section 2. Plat ~ook 39, Pages 59 a~!d 60, Sspte~]er 18, 1981. Section 3. Plat Bock 41, Pages 15 and 16, June 9, 19~2. 8~-490 © Vote: Unanimous This day the County Envirogmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of Waters Mill Drive in Rolling ~ill at Ben Air, Midlothian District. Upon consideration whmreof, and on motion of MFS. Girone, seconded by Mr. Dodd, it is resolved that Waters Mill Drive in Rolling Hill at Son Air, Midlothian Diatriot, be and it hereby is established as a public road. And be it further resolved, that the Virginia Department of Highways and Transportation, be and it hereby is reguested to take into the Secondary System, Waters Mill Drive, beginning at the intersection with Rockaway Road, State Ro~te 718, and going 0.04 mile northwesterly to a deed end. This request in inclusive of the adjacent slope and aite distance easements. This road serves 4S units with the Rolling Hill at Ben Air development. And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Highways a 50' right-of-way for this road. Rolling Hill at Ben Air is recorded as follows: Plat Book 42, Pages 43 and 44, February 4, 1983. Vote: Unanimous This day the County Environmental Engineer, in accordance with directions with this Board, made report in writing upon his examination of Chepstow Road, Chepstow Terrace, Salisbury Road West and Tunsberg Terrace in Salisbury Heathland - Section B, Midlothian District. Upon consideration whereof, and on morion of Mrs. Girone, seconded by Mr. Dodd, it is r~solved that Chapsto~ Road, Chepstow Terrace, Salisbury Road West and Tunsbe~g Terrace in salisbury Heathland - Section B, Midlothian District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Highways and Transportation, be and it hereby is requested to take into the Secondary System, Chepstow Road~ beginning where State Malnt~nance ends, Chepstow Road, State Rears 3982, and going 0.05 mile westerly to the intersection with Chepstow Terrace, then continuing 0.22 mile westerly to the intersection with salisbury Road West; Chepstow Terrace, beginning at the intersection with Chepstow Road and going 0.07 mile northerly, then turns and continues 0.09 mile westerly to a cul-de-sac; Salisbury Road West, beginning at the intersection with Chepstow Road and going 0.17 mile northerly to the intersection with Tunsberg Terrace, then continues 0.06 mile northeasterly to tie into existing Salisbury Road West, Stats Route 902; and Tunsberg Terrace, beginning at the intersection wit~ Salisbury Road West and going 0.1~ mile southeasterly to a cul-de-sac. This request is inclusive of the adjacent slope and site distance easements. These roads serve 36 lots. And be it further resolved, that t?~e Beard of Supervisors guarantees to the Virginia Dapartment of Highways a 50~ right-of-way for all of these roads e~eept Salisbury Road West which has a 70' right-of-way. This section of Salisbury ~eathland is recorded aa follows: Section B. Plat Book 44~ Pages 50 and 51, November I1, 1983. Vote: Unanimous This day the County Environmental ~ngineer~ in accordance with directions from this Board, made report in writing upon his examination of Coralberry Drive, Lady Slipper Lane, Stonecrop Place and Stoneerop Court in Smoketree, Sections J and K, Midlothian District. Upon consideration whereof, and on mction of Mrs. Girone, seconded by Mr. Dodd, it is resolved that Coralberry Drive, Lady Slipper Lane, Stonecrop Place and Stoneer0p Court in Smoketree, Section~ J end K, Midlothian District, be and they hereby are established as public roads. And be it further resolved, that the Vi~glnia Department of Highways and Transportation, be and it hereby is requested to take into the Secondary System, Coralberry Drive, beginning at the intersection with Smoketree Drive, State Route 2770, and going 0.07 mile southerly to the intersection with Lady Slipper Lane, then continuing 0.09 mile southerly to the intersection with Stcnscrop Blase, then continuing 0.06 mile southerly to tie znto proposed Coralberry Drive, Monacan Hills, Section One; Lady Slipper Lane, beginnxng at the intersection with Coralberry Driv~ and going 0.06 mile easterly, then turns and continues 0.12 mile southerly to a cul-de-sac. Again, Lady Slipper Lane, beginning at the intersection with Coralberry Drive and going 0.12 mile westerly to a cul-de-sac; Stonecrop Place, beginning at the intersection with Coralberry Drive and going 0.08 mile westerly to the intersection with Stonecrop Court, then continuing 0.04 mile westerly to tie into proposed Stcnasrop Place, Stonecrop Subdivisxon; and Stonecrop Court, beginning at the intersection with Sto~ecrop Place and going 0.04 mile northerly to a cul-de-sac. This request is inclusive of the adjacent slope and site distance easements. These zoads serve 79 lots. And be it further resolved~ tha~ the ~oard of Su9ervisors g~aranteee to the virginia Department of Highways a 50' right-of-way for all of these roads except Coralberry Drive whio~ has a variable 50' to 70' right-of-way and Stoneorop Court which has a 40' right-of-way. These sections of Smoketree are recorded ae follows: Section J. Plat Book 43, Page 8, F~y 12, 1983. Section K. Plat Book 43, Page 41, June 21, 1983. Vote: Unanimous This day tba County Environmental Enginear~ in accordance with directions from this Board, made report in writing upon his examination of Sunview Lane and Sunview Court in Sunview, Midlothian District. seconded by Mr. Dodd, it is resolved thnt Sunviaw Lane and Sunview Court in Sunview, Midtothi~n District, be ~nd they hereby are established as public roads. ~5-492 © © And be it further resolved, that the Virginia Department of Highways and Transportation, be and it hereby is requested to taks into the Secondary System, Sunview Lane, beginning where State Maintenance ends, Sunview Lane, State Route 2028, going 0,17 mile southwesterly to a cuI~de-sa¢; and Sunview Court, beginning at the intersection with Sunview Lane and going 0.03 mile southeasterly to a cul-de-sac. This request is inclusive of the adjacent slope and mira distance easements. These roads serve 16 lots. And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Highways a ~0~ right-of-way ~or all of these roads. S~nview ie recorded as follows: Plat Book 43, Page 42, June 21, 1983. Vote: Unanimous 10.H.4. R~CON~TD~P~%TION OF PUBLIC HEARING DATES On motion of Mrs. Girone, seconded by Mr. Dodd, the Board set the date of August 28, 1985 at 9:00 a.m. for public hearings to con~ider 0rdinancee relating to the prohibition of disckarging firearms within 100 yards of a school, exemptions for museums from compliance with ~oli~itatlone and adoption of bonus opportunity and further the Board set the date of August 14, 1985 at 7:00 p.m. for an ordinance relating to a severance tax on oil which all cwdinance~ had been approved for a public hearing on July 24, 1985 which did not allow for proper advertising. 10.I, CO14MUNITY DEVELOPMENT ITEMS 10.I.1. STREET LIGHT REQUESTS On motion of Mr. Mayes, seconded by Mr. Dodd, the Board requested that the light to be considered for 3100 Xingsland Road be reevaluated for a location to the east rather than at that location; and furthe~ the Board approved the ~eq~ests for street lights at the following intersections with any ~unds to be expended from the Matoaca District Street Light Fund: Vote: Intersection of Bollinger Road and Woodpecker Road Intersection of Glenlivet Dr. and Glenlivet Court Intersection of Glenlivet Dr. and Shire Oak Drive Intersection of Perthwood Lane and Shire Oak Drive Intersection of Perthweod Lane and Perthshire ~treet Intermection of Holloway Ave. and Glenlivet Drive Unanimous 10.I.2. REQUEST FOR AMENDMENT TO GENERAL PLAN 2000 On motion of Mrs. Girone, seconded by Mr. Daniel, the Board referred the request for amendment~ to the General Plan 2000 which involves the J~hnke~Chippenham Development stedy area to the Planning Co~aission for their recommendation. Vote: Unanimous 10.I.3. CENTRAL AREA PLAN TO PL~%NS?iNG CO~hMiSSION On motion of Mr. Daniel, seconded by Mr. Dodd, the Board 85-49~ © © forwarded the draft Transportation and Land Use Plan for hhe Central Area to the Planning Commission for public hearing and recommendation (a schedule is attached). Vote: Unanimous 10.I.4. WAIVER OF AIRPORT INDUSTRIAL PARK RESTRICTIVE COVENANTS Mr. Daniel inquired what type of machine shop was Maroo Machine. Mr. Hedge stated it was a general machine shop not specializing in any particular manufacturing. On motion of Mr. Dodd, seconded by Mrs. ~irone, the Board approved a request for a waiver of the Airport Industrial Park Restrictive Covenants to allow a 25 foot encroacP~ent into the required fifty foot setback by Marco Machine and Design, Inc. Vote: Unanimous 10.I.5. WAIVER OF AIRPORT INDUSTRIAL PARK RESTRICTIVE COVENANTS On motion of Mr. Daniel, seconded by Mrs. Girone, the Board approved a request by the Utilities Department for a waiver of the Airport Industrial Park Restrictive Covenants, Section A, Paragraph U, Subparagraph 3, to pe~uit a 1,500 square foot water pumping station within the Industrial Park and a waiver to Section A, paragraph B to permit the building to be sst back more than 110 ~eet from the ~ront property line if appropriate engineering details can be resolved upon review by the Planning and Utilities Departments. Vote: Unanimous 10. I. 6. AGREEMENT WITM CROW-KLEIN-~ACFARLANE FOR ALTERNATIVE DESIGN FOR PO?~IT~ PARKWAY On motion of ¥~. Applegata~ seconded by Mrs. Girone, the Board accepted an agreement with Cr~-Klein-~acFarlane for an alternative design for access to Powhite Parkway and authorized the County Administrator to e~ecute any necessary documents on behalf of the County for this contract. Vote: Unanimous 1o.I.7. REQUEST FOR REDUCED SPEED ON OLD STAGE ROAD On motion o~ Mr. Dodd, seconded by Mr. Mayas, the Board adopted the following resolution: Whereas~ the Chesterfield County Board of Supervisors has received requests from Citisens to reduce the speed limi'~ On Old Stage Road (Route 732). Now, Therefore, Be It Resolved that the Board of Supervisors hereby requests the Virginia Department of ~ighways and Transportation to conduct a speed study on Old Stage Road 'to determine if a redaction in =he speed limi~ is warranted. Vote: Unanimous 10.I.8. R~:!F~R 0~DIN~CE RRLATIL~G TO NONCONFOF~ING US~.S On motion of M~. Dodd, seconded by Nr. Mayas, the ~oard referred an ordinance amending Section 2~-37 relating tc nonconfi]~ming uses to the Planning Co~ission ~or p=~blic hearing and 85-494 © ® Vote: Unanimous 10.J. UTILITIES DEPARTMENT ~ITEMS 10.J.1. REPORTS 10.J.l.a. WATER AND SEWER FINANCIAL REPORTS Mr, Welchens presented the Hoard with a water end sewer financial raport. 10.J.l.b. DEVELOPER WATER AND SEWER CONT~ACTS Mr. Welchons presented the Board with a list of developer water and sewer contracts executed by the County Administrator. 10.J.2. PUBLIC HEARINGS 10.J.2.a. ORDINANCE VACATING PORTION OF PLUM CREEK, SECTION 1 Mr. Hedge stated this date and time had been advertised for a public hearing to consider the vacation of drainage easements within Block B, Plum Creek, section 1. There was nc One present to discuss the matter. On motion of Mr. Applegate, seconded by Mr. Dodd, the Board adopted the following ordinance: AN ORDINANCE to vacate two 16~ drainage easements within Block B, Plum Creek Subdivision, Section 1, Clover Hill Magisterial District, Chesterfield County, Virginia, aa shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 48, page 43. WHEREAS, S & B Development Company of Virginia, Incorporated, has p~titioned the Board of Supervisors of Chesterfield Ceunty~ Virginia to vacate two 16' drainage easements within Block B, Plum Creek Subdivision, Section 1, Clover Mil! Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 48, page 43 made by J. K. Tigons and Associates, Incorporated, dated December 18, 1984. The easements petitioned to be vacated are ~re fully described as follows: Two 16' drainage easements within Block B, Plum Creek Subdivision, Section 1, the locations of which are more fully shown on a plat made by J. K. Timmons and Associates, Incorporated, dated December 18, 1984, a copy of which is attached hereto and made a part of this ordinance. WHEREAS, notice has been given pursuant to Section 15.1-431 of the Code of Virginia, 1950, as amended, by advertising; and WN~R~AS, no public necessity exists for the continuance of the easements sought to be vacated. MOW TMMRE~ORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COL~TY, VIRGINIA: That pursuant to Section 15.3-482(b) o'~ the Code of Virginia, 1950, aa amended, the aioresaid easements be and are hereby vacated. This Ordinance shall be in full for~e and effect in acco:dance with Section 15.1-482(b) of the Code Of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner uhan thirty days hereafter in the Clark's Office of the Circuit Court of Chesterfield, Virginia pursuant to Section ].5.1-485 of the C__ode o__f ~, ].950, as amended. 85-495 © © The effect of this Ordinance pursuant to section 15.1-483 is to destroy the force and effect of the recording of the portion of the plat vacated. Accordingly, this Ordinance shall be indexed in the names of the County o£ Chesterfield, as grantor, and the S & B Development Company of Virginia, Incorporated, or its successors in title, as grantee. Vote: Unanimous lS.J.2.b. ORDINANCE TO VACATE PORTIONS OF FRANCILL DRIVE Mr. Hodge stated this date and time had been advertised for a public hearing to consider an ordinance to vacate portions cf Francill Drive within Forest Acres, Section C. There was no one present to discuss this matter. On motion of Mr. Applegate, seconded by Mr. Dodd, the Board adopted the following ordinance= AN ORDINANCE to vacate portions of Francill Drive within Forest Acres, Section C, Clover }{ill Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 11, at pages 57, 58, and 59. WHEP~AS, Balzer and Associates, Incorporated, has petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate portions of Francill Drive within Fores% Acres, Section C, Clover Bill Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 11, pages 57, 58, and 59~ made by Brooks & Barton, dated June 30, 1959. The portions of right of way to be vacated are more fully d~scribed az follows: Portions of Francill Drive within Forest Acres, Section C, as shown on a plat made by Balzer and Associates, Incorporated, dated May 13, 1985, a copy of which is attached hereto and made a part of this ordinance. WHEREAS, notice has been given pursuant to Section 15.1-431 of the Code of Virginia, 1950, as amended, by advertising; ~nd WHEREAS, no public necessity exists for the continuance of the porti0n~ of right of way sought to be vacated. NQW TH~RE¥ORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF C~ESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.1-482(b} cf the Code of Virginia, t950, as amended, the above described p~ of Francill Drive are hereby vacated and no longer necessary for public use except as hereinafter outlined. The grantees hereby convey unto the County and the County hereby reserves 8~ utility easements, within the portions of Francill Drive hereby vacated as shown on the attached plat. This Ordinance shall be in full force ~nd effect in accordance with Section ~5.1-482(b) of the Code of Virginia, 1950, as amended, and a certified copy 0f this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield, Virginia pursuant to Section 15.1-485 of the ~ode of Vir~%__ni__a, 1950, as amended. The effect of this Ordinance pursuant to Section 15.1-483 is to dsst~0y the force and e~fect of-the recording of the portion of the plat vacated. This ordinance shall vest fee simple title 85-496 © ® to the portions of the right of way in the owners of the abutting lots free and clear of any rights of public use except as herelnabove stated. Accordingly, this Ordinance shall be indexed in the names of the County of Chesterfield, as grantor, and Norwood B. Lewis and ~ay A. Lewis, husband and wife, and Edith T. Allen, and or their s~eeeesors in title, as grantee. Mr. Applegate informed Mr. Welchons that as requested he had met with the operators of the Groaning Board to discuss the water line easement. He stated the operators have forwarded the paperwork to Ohio where the OWners live and there did not seem to be a problem. Ne stated he informed them that the County would proceed with the extension. 10.J.3. APPP~VAL OF DOCUMENTS FOR SEWER AND WATER BOND FINANCING Mr. Ramsey stated that since the process for the water and sewer bond financing, the Board had approved the Sewer and Water Capital Improvement Program, had approved selling part of the bond issue through the Virginia Resources Authority, the rating agencies have actually visited the County, staff has met with the Counsel on Local Debt who had also approved the County's plan for financing for the sewer and water system. He stated the plan for financing the sewer and water was to issue revenue bonds which are totally supported by revenues o£ both the sewer and water system. On motion cf the Board, the following resolution was adopted: R~OLUTTON OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, AUTHORIZING THE ISSUANCE OF WATER AND SEWER REVENUE BONDS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, AND PROVIDING F@~ TH~ SECURITY OF THE HOLDERS THEREOF R~C ITALS 1. The Existing System (hereinafter defined) currently provides water and sewer services to the residents and businesses located within the County of Chesterfield, Virginia (the "Ceunty"). 2. The County currently has outstanding several series of bonds (hereinafter defined as the "Refunded Bonds"). 3. The County proposes to issue bonds (the "1985A Bonds") under this Bond Resolution to the Virginia Resources Authority and to apply a portion of the proceeds of sale of the 1985A ~onds to refund and defease the Refunded Bonds and to finance a portion of the cost of the 1985 Expansion (as hereinafter defined). 4. The County also proposes to issue bonds (the "1985B Bonds") under this Bond Resolution and apply the proceeds of the 1985B Bonds to finance the balance of the cost of expanding the Existing System as described in the Engineer's Report (the "1985 Expansion"). ~. It may be necessary or desirable for the County to issue bonds (the "Completion Bonds") and apply the proceeds thereof to finance the cost of completing the 1985 Expansion. 6. The County may ~esire to issue additional bonds (th~ "Additional Bonds") and apply the proceeds thereof to f~nance the costs of extensions, additions and capital iw~rovements to, Or the ~enewal and replacement of capital assets of, Or purchasing and installing new equipment £cr, ~be System (hereinafter defieed). 85-497 © © 7. The Bonds issued under this Bond Resolution shall be secured by a pledge of Revenues of the system, as defined herein. BE IT ~ESOLVED BY THE ~BOARD OF SUPERVISORS OF TBR COUN~Y OF C~BSTEI~FIELD, VIRGINIA: ARTICLE I D~PINITIONS AND Section 1.i Definitions. In this Bond Resolution, the following words and te~ms shall~ unless the context otherwise requires, have the following meanings: "Account" or "Fund" means one of the special funds or accounts herein created and established pursuant to Section 5.2 of this Bond Resolution. "Accountant" means such reputable and experienced independent certified public accountant or firm of independent certified public accountants as may be selected by the County pursuant to applicable laws. "Ae~eted Value" means the amounts set forth in the amounts computed pursuant to the formula set forth in the Supplemental Resolution authorizing the issuance of the Capital Appreciation Bonds the Accreted Value of which is being determined. "Act" means the Public Finance Act, Title 15.1, Chapter 5 of the Code of Virginia. ',Additional Bonds" means any bonds delivered pursuant to this Bond Resolution other than the 1985 Bonds and Completion Bonds to finance the costs of extensions, additions and capital improvements to, or the renewal and replacement of capital assets of, or purchasing and installing new equipment for, the System, and may include Variable Rate Bonds and Capital Appreciation Bonds. "Authorized Newspapers" means not less than two (2) newspapers Or financial journals, printed in the English language and customarily published (except in the case of legal holidays) at least once a day for at least five (5) days in each calendar week, One of which is of general circulation in the County, and tha other of which is of general circulation in the Borough of Manhattan, City and State of New York. "Authorized Officer of the County" means the County Administrator, Director of Utilities or Director of Budget and, in the case of any act to be performed or duty to be discharged, any other member, officer or employee of the County then authorized to perform such act or discharge such duty. "Bank" means any bank, trust compa~y~ national banking associa~i6n, insurance company or other entity other than the County which is the issuer of a letter ef credit, line of credit, insurance policy or other instrument securing payment of Bonds, including but not limited to payment of principal thereo~ and · nterest thereon. "Board" means the Board of Supervisor~ of the County. "Bend" means one of the Bonds delivered pursuant to this ~ond Resolution, including the 1985 Bond~ and any Additional Bonds, Completion Bonds or Refunding Bonds issued pursuant to Article "Bond Counsel" means an att<.rney Or firm of attorneys of recogn~z~---standing in the field of law relating to m%lnicipal, state and public agency financing, selected by the County and satisfactory to the Trustee. S5~498 © © "Bond Counsel's Opinion" means au opinion signed by Bond Counsel rendered pursuant to the provisions of this Bond Resolution. "Rond Resolution" means this bond resolution of the County, and any amendments or supplementals adopted in accordance with its terms and, where appropriate in the context, including any Supplemental Re~olution. "Bondholder" or "Holder" or words of similar import, when ~sed with reference to a Bond, ~eans any person who shall be the registered owner of any Outstanding Bond. "Capital Appreciation Bonds" means Bonds that hear interest payable at maturity or upon redemption prior to maturity in the amounts determined by reference to the Accreted Value of such Capital Appreciation Bonds in accordance with the provisions of the Supplemental Resolution authorizing the issuance cf such Capital Appreciation Bonds. "Certificate" means ('i) a signed document either attesting to or ~ng the circumstances, representations or other matters therein stated or set forth or setting forth matters to be dstermined pursuant to this Bond Resolution or (ii) the report of any accountant as to audit cr other procedures called for by this Bond Resolution. "Chairman" means the Chairman of the Board. "clerk" means the Clerk of the Board. "Code" means the Internal Revenue Code of 1954, as amended, and the regulations promulgated by the United States Department of the Treasury thereunder from time to time. "Commonwealth" or "State" means the Co~nonwealth of virginia. "C~ Bond_s" means the Bonds delivered pursuant to this Bond Resolution other than the 1985 Bonds to finance the costs of completing the 1985 Expansion. "Construction Fund" means the Fund so designated and established by Section 5.2. "Consu%%aD%" means a firm of engineer~, accountants or water and sewer consultants of national reooqnition for advising municipalities with respect to the setting of rate~ and ~harges for the use of water and sewer systems selected by the County. "Costs of Construction" means the costs reasonably incurred in connection with the System or any portion thereof, including, but not limited to, the costs set forth below: (i) acquisition of all proporty, real Or personal, and all interests in connection therewith including all rights-of-way and easement~ therefor; (ii) physical construction, insta]!a=ion and testing including the cost of labor, services, materials, supplies and utility services used in connection ther~wli~h, including the cost of County personnel employed in such cons~uction, installation and testing and the inspection thereo~; (iii) architectural, engineering, legal and other professional services; (iv) insurance premiums required under this Bond Resolution to be taken out and maintained d~ring construction, to the extent not paid ior by a contractor for co~strx~ction and installation; 85~499 (v) any taxes, assessments or other charges which become due during construction; (vi) expenses incurre~ by the County or on its behalf with its approval in seeking to enforce any remedy against any contractor or sub-contractor in respect of any default under a contract relating to construction; (vii) principal of and interest on any indebtedness of the County, other then the bonds, incurred for construction or acquisition of a portion of the System; and (viii) miscellaneous expenses incidental thereto. "costs of Issuance" means all items of expense, directly or indirectly payable or reimbursable by or to the County and related to the authorization, sale and issuance of Bonds, including, but not limited tot printing costs, costs of preparation and reproduction of do0um~nbs, filing and recording fees, initial fees and charges of the Trustee, the Registrar, the Paying Agent and the Bank, legal fees and charges, f~es and disbursements of consultants and professionals, coats of credit ratings, fees and charges for preparation, execution, transportation and safekeeping of Bonds, costs and expenses of refunding, premiums for the insurance of the payment of the Debt Service on the bonds or of the Debt Service Reserve Fund established in respect of the Bonds, financing charges, accrued interest with respect to the initial investments of proceeds of bonds and any other costs, charge or fee in connection with the original issuance of Bonds. "County Administrator" means the County Administrator of the County. "Debt Series" means, with respect to any particular Fiscal Year and any particular Series of Bonds, an amount equal to the sum of (i) all interest payable on such ~onds during such ~iscal Year, plu~ (ii) all Principal Installments payable on such Bonds during such Piscal Year. For purposes of computing "Debt Service", the rate of interest used to determine (i) above shall be a rate per annum equal to (t) with respect to any Series of Bonds which bear interest at a fixed rate, the rate of interest borne or to be borne by such Bonds, and (2) with respect to any Series of Bonds which boar interest at a floating or variable rate, the rate which i~ equal to the greater of (A) the average of all the interest rates in e~fect (or which would have been in effect has such Bonds been O~tstanding) durin9 the iK~aediately preceding twelve (12) month period or (B) the average of all the interest rates in effect (er which would have been in effect had such Bonds been Outstanding) during the i~ediately preceding one (1) month period. "Debt Service/Additional Bonds" means, with respect to any Fiscal Year, an amount equal to th~ aggregated of (i) all interest payable during such Fiscal Year on all Bonds to be Outstanding as of the date i~me~iately after the delivery of the Additional Bond~ to be issued (other that interest payable from the proceeds of Bonds), plus (ii) all Principal Installments payable during such Fiscal Year on all ~onds to ~ Outstanding as of the date immediately after the delivery of the Additional Bonds to be issued, For purposes of computing "Debt Service/Additional Bonds", the rat~ of interest used to determine (i) above shall be a rats per annum equal to (1) with respect to any Series of Bonds which bear interest at a fixed rate, the rate of interest borne or to be borne by such Bonds, and (2) with respect to any S~ries of Bonds which bear interest at a floating or variable ra~e, the rate which is equal to th greater of (A) tho average of all the interest ra~es in effect (or which would have been in effect has such Bonds been Outstanding) during the i~mediately preceding twelve (12) month period~ (B) the average of all the interest ~at~e in effect ~or which would have b~n in effect has such Bonds been Outstanding) for the immediately preceding one (1) ~aonth period, er (C) %he rate equal to the Bond Buyer Revenue Bond Inde~ most recently pablished by The Bond 85~500 CI ~y~, or i.f such index is no longer published, any reasonably ~qUi~alent index selected by the Director of Budget. "Debt Service Fund" m~ans the Fund so designated and established by Section 5.2. "Debt Service Reserve Fund" means the Fund SO designated and established pursuant to Section 5.2. "Debt Service Reserve Requirement" means, as of any date of calcula%i0n, ii) with respect to any Series ct Bonds which bear interest at a fixed rate, an amount equal to the maximum amount payable in any current or future Fiscal Year for the payment of Debt Service; and (il) with respect to any Series of ~onds which bear interest at a floating or variable rate, an amount equal to the maximum amount payable in the current or any future Fiscal Year for the payment of Debt Service computed at the maximum rate allowable under the Code as such amounts are set forth in the Supplemental Resolution authorising the issuance of any Series of Bonds; provided that, in the case of either clause (i) or (ii) above, such amount shall hot exceed the amount permitted as a reasonably required reserve under the Coda, In lieu of the required deposits to the Debt Service R~serve Find pursuant to this Bond Resolution, the County may cause to be deposited to the credit of the Debt Service Reserve Fund a surety bond or an insurance policy payable to the Trustee for the benefit of the Bolders o~ the Bonds or a letter of credit entitling the T~ustee to draw in an amount equal to the difference between the Debt Service Reserve Requirement and the sum then to the credit of the Debt Service Reserve Fund, if any. The surety bond, insurance policy of letter of credit shall be payable (upon the giving of notice and the presentation of any oerti£icates as required thereunder) on any date on which moneys shall be required to be transferred to the Debt Service Fund and such transfer cannot be met by amount on deposit in the Debt Service Reserve Fund or provided from any other fund Or account under this Bond Resolution. The insurer providing such surety bond or insurance policy shall be an insurer whose municipal bond insurance policies insuring the payment, when due, or the principle of any interest on municipal bond issues results in such issues being rated in the highest rating category (without regard to any rating refinement or gradation by numerical modifier or otherwise) by either Moody's Investors Service or Standard $ Poor's Corporation, or their successors, or any insurer who holds the highest policyholder rating accorded insurers by A.M. Best & Co., or any comparable services. The letter of credit iesureI ~hall be a bank or trust, company which is rated not lower than the second highest rating category (without regard in any rating refinement or gradation by numerical modifier or otherwise) by either Moody's Investors service or Standard & Poor's Corporation or their successors, and tke letter of credit itself shall be rated in the highest category (without regard in any rating refinement Or gradation by numerical modified as otherwise) Of either such rating agency. ~f a disbursement is made pursuant to any such surety bond, insurance policy or letter of credit, the Coenty shall be obligated either (i) to reinstate the maximu~ limits of such surety bond, insurance policy or letter of credit or (ii) to deposit to the credit of the Debt Service Reserve Fund moneys in the amount of the disimbursement made under such suret~ bond, insurance policy or letuer o.. credit, or a combination of such alternatives,° ~uch that the amount in th Debt Serve Reserve Fund equals the Debt Service Reser%.e Requigement within a time period not longer than would other,~;~e be required to restore the Debt Service Reserve Fund from Revenues by operation of Section 5.4. "De~s~tarv" means any benk or trust company or national banking association selected by the County or the Trustee as a depositary of moneys or securities hel¢] under the provisions of this Bend Re~o!ution and may include the Trustee. "Director of Budget" means the Director of Budget and Accounting of the County. 8~-501 "Director of Utilities" means the Director of Utilities Of the County. "Escrow Agent" means the financial institution or institutions serving as such pursuant to an appointment under a Supplemental Resolution or in the written order referred to in Section 4.1. "Event of Default" means any of the events specified in Section 10.1. "Existing System" means the water and sewer facilities currently owned by th~ County, as described in the Feasibility Report, "Expansion" means tho 1985 ExpanSiOn and all other expansions and improvements to the System. "Extension and Replacement Fund" means the Fund so designated and established by Section 5.2. "Feasibility Report" means the report of Black and Veatah, Engineer~ u'~chitects, consulting engineers, relating to the 1985 Expansion. "First Supplemental Bond Resolution" means the First Supplemental Bond Resolu~0~"b~hg 'ad~%ed by the Board contemporaneously with the adoption of this Bond Resolution authorizing for the issuance of the 1985A Bonds. "Fiscal Year" means a twelve (12) month period commencing on the first day of July of any year, or such other twelve (12] month period adopted as the ~iscal Year of the County. "~nterest Pa~fment Data" means any date upon which interest on the Bonds is due and ~able in accordance with their terms. "Investment Securities" means and includes any of the following obligations, to th(: extent the same are at the time legal for investment of funds of 'the County under applicable law: . (i) direct obligations of or obligations guaranteed by the United State of America; (ii} any bond or note of the Federal National Mortgage Association or the F~deral ~{ome Loan Banks; bonds, debentures and similar obligations of Federal Land Banks, Federal Intermediate Credit Banks or Banks for Cooperatives, issued purseant to Acts of Congress; and obligations issued by the United States Postal Service when the principal, thereof and interest thereon is guaranteed bk the government of the United States of America; (iii} dirc~'~ .~d general full faith and credit obligations of the Commonw¢~:;~ of Virginia; (iv) u~]ll)'~,i~ad tax direct and general obligations of any political unit ~.i the Commonwealth of Virginia, to the payment of which the f~i~ · ~h and credit of such political unit is pledged, ~_¥ that at the time of purchase such obligations are rated 1~ · i'i.]'~er of the two hi~hest rating categories by a nationally recognized bond rating agency; (v) shares of any investment company' i~ne a~et~ of which are invested e×clusively in obligations or securities specified in clauses {i), (~i), (iii} and (iv); (vi) repurchase agreements for such obligations specified in clauses (i), (ii), (ii~) and (iv) above subject to the limitations set forth below; (vii) time deposits or Certificates c~ deposit with banks, trust companies or national bankin~ associations which are members of the Federal Reserve System and have a net capital and surplus of at least $25,~00,000 (which may include the Tr%~stee or 85-502 © © any Depositary} fully secured as to principal by obligations described in clauses (i), (ii), (iii) and (iv} above; (viii) savings accoun'=s, time deposits or certificates of deposit in any savings and loan association under the supervision of the Con~onwealth of Virginia or the Federal Government, provided such accounts and deposits are fully insured by the Federal Savings and Loan Insnrance Corporation or any successor federal agency; and (ix) co~ercial paper, with an maturity of two hundred seventy days or less, of issuing corporations organized under the laws of the United States, or of any state thereof, including paper issued by banks and bank holding companies, rated by the MOOdy'S Investors Service within its ratings of prime 1 or prime 2 or by Standard and Poor's Corporation, within its ratings of A-1 or A-2, or by F~tch Investors Service within its ratings of F-1 and F-2, or by their corporate successors. A repurchase agreement pursuant to clause (vi) above may be made with any bank as principal, including the Trustee or an affiliate of the Trustee, within or without the Commonwealth o~ Virginia having a combined capital, surplus and undivided profits Of not less than $25,000,000 and acceptable to the Trustee, provided the bank is obligated to repurchase within one year. Such repurchase agreement shall be considered a purchase of such Securities even if title and/or possessio~ of such securities even if title and/or possession of such securities is not transferred to the Trustee so long aa (i) the repurchase obligation of the bank is collateralized by the securities themselves, (ii) the securities have on each day the repurchase agreement is in efteeta fair market value equal to at least 100% of the amount of the repurchase obligation of the band, (iii) the securities are held by a third party and segregated from securities Owned generally by the bank, (iv) a perfected security interest under the Uniform Commercial Code of the applicable State or Book entry procedures prescribed by federal law or regulations in such securities is created for the benefit of the Trustee, and (v) if the repurchase agreement is with the hank serving as Trustee or any related party, the third party holding such securities holds them as agent for the benefit of the Rolders of the Bonds rather than as agent for the Bank serving as Trustee or any Other party. "1985 Bonds" means the 1985A Bonds and the 1955B Bonds issued pursuant to this Bond Resolution. "1985A Bends!' means the Bonds issued pursuant to this Bond Resolution to finance the costs of defeaeing the Refunded Bonds and to provide a portion of the costs of the 1985 Expansion. "1~85B Bonds" means the Bonds issued pursuant to this Bond Resolution to finance the balance of the costs of the 1985 Expansion. "~" means the initial expansion of the Existing System to be ~inanced with the proceeds of the 1985 Bonds as further described in the Feasibility Report. "O~erating Budget" means the annual budget described in Section 7.7 adopted by the County concerning the operation of the System for the succeeding Fiscal Year. "o_~oeratinq Fund" means the Fund so designated and established pursuant to Section 5.2. "_C~ezating Expenses~* means the current expenses, paid or accrued, of operation, maintenance and current repair of the System, as calculated in accordance with generally accepted accounting principles, and shall znclude, wi'thout limiting the generality of the foregoing, an}, cost of purckased services for water or sewer from any sOurce~ insurance promiums~ administrative expenses of the Ceunt~ relating solely to the System, labor, executive compensation, the cost of materials and supplies used for current operations, and charges for the accumulation of appropriate reserves for current expenses not annually recurrent but which are such as may reasonably be expected to be incurred in accordance with general accepted accounting principles. "Operating Expenses" shall not include any allowance for depreciation of capital assets of the System. "0ntstandin~"~ when used with reference to Bonds, means, es of any date, all Bonds theretofore or thereupon being delivered under this Bond Resolution except: (i) any Bond cancelled by the Trustee or delivered to the Trustee for cancellation at or prior to such date; (ii) any Bond (or portion of a Bond) for the payment Or redemption of which there has been separately set aside and held in the Debt Service Fund or Redemption Fund hereunder either: (a) moneys in an amount sufficient to effect payment of the principal Or applicable Redemption Price thereof, togather with accrued interest on such Bond to the Redemption Date; or (b) Investment Securities, as described in Section 12.1(b), in such principal amounts, of such maturities, bearing such interest and otherwise having such terms and q~alifications as shall be necessary to provide moneys in an amount sufficient to effect payment of the principal or applicable Redemption ~rice of such Bond, together with accrued interest on such Bond to the Redemption Date; Or (C) any combination o~ (a) and (b) above; (iii) any Bond in lieu of or in substitution for which other Bonds shall have been delivered pursuant to Article III, Section 6.6 or Section 9.6; and (iv) any Bond deemed to have been paid as provided in subsection (b) of Section 12.1. "Payinq Agent" means, with respect to any Series cf Bonds, the bank, trust company or national banking association appointed to act as paying agent pursuant to Section 11.11, "Principle Installment" means~ as of any data of calculation, (i) the aggregate principal amount of Outstanding Bonds due on a certain future date, reduced by the aggregate principal amount of such Bonds which would be retired by reason of the payment when due and application in acsordance with this Bond P~solution of Sinking Fund Payments payable before such future date, plus (ii) any Sinking Fund Payments due on such certain future date, together with the aggregate amount of the premiums, if any, applicable on such Sinking Fund Payments, plus (iii) with zespeCt ~c any Capital Appreciation Bonds due on such certain future date, the Accreted Value ef such Capital Appreciation Bonds. "Principal Payment Date" means any date ~pon which a Principal Installment is due and payable. "Redemption Date" means the date upon ~hich Bonds are to called for redemption pursuant to this Bond Resolution. "Redem~ti0n Fund" means the Fund so designated and e~tablished pursuant to section 5.2. "Redemption Price" means, with respect to any Bond, the principal amount thereof plus the applicable premium, i£ any, payable upon redemption thereof. "Refnnded Bonds" shall have the meaning given to such term in the-~ Supplemental Bon~ Resolution. 85-504 "Refunding Bonds" means the 1985A Bonds and any Series or portion of a Series ~ Bonds delivered on original issuance in accordance with the conditions set forth in Section 2.5 or thereafter delivered in lieu of Or in substitution for any such Bond pursuant to this Bond Resolution. "Registrar" means, with respect to Series of Rends, the agent of the County at the office which ~onds may be presented for registration, transfer or exchange as provided in Article III. "Revenue Fund" means the Fund so designated and established pursuant to Section 5.2. "Revenues" means all rates, fees, rentals, connection fees or other charges or other income received or accrued by the County, in connection with the management and Operation cf the System, and all parts thereof, from the operation of the System, including all amounts received of accrued from the investment or deposit of moneys in the Funds or Accounts created and established under this Bond Resolution which are required by the Bond Resolution to be deposited in the Revenue Fund, and all payments received by the County from the City of Richmond pursuant to the annexation Decree dated July 12, 1969, and any amounts contributed by the County, all as calculated in accordance w~th generally accepted accounting principles, but shall not include the proceeds of any special assessments for water or sewer improvements, any amounts collected by the County representing State sales taxes or State user fees which are required by law or agreement to be paid to the State. "Series" means all of the Bonds delivered on original issuance in a simultaneous transaction, regardless of variations in maturity, interest rate, sinking Fund Payments or other provisions, and any Bonds thereafter delivered in lieu of or in substitution for (bu~ not to refund) such Bonds as herein provided. "Sinkin~ Fund Payment" means, as of a particular date of calcul~ibn% the amount required to be paid by the County on a certain future date for the retirement of Outstanding Bonds which mature after such future date, but does not include any amount payable by the C0un~y by reason cf the maturity of a Bond or by call for redemption at tho election of the County. "Supplemental Resolution" means any resolution supplementin~ or amending this Bond Resolution, adopted by the County and effective in ~cc0rdance with Article viii. "s s_~x~_~" means the Existing System, the 1985 Expansion, and any and all other expansions and improvements to be constructed ~nd acquired from the proceeds of the Bonds authorized by this Send Resolution and any other expansion to be constructed or acquired from any other sources at any time hereafter, and shall include (a) all wells, pumping stations, purification plants end other sources of supply of water and all pipes, mains and other parts of the facilities for the distribution of water and all equipment and property used in connection therewith, (b) all sanitary sewers, all waste water disposal and purification plants, and all equipment used in connection therewith, all facilities for the collection, treatment a~d disposal of sewage and waste matter, including industrial wastes, and (c) all other facilities of any nature or description, real or personal, now or hereafter owned or used by the C~unty in the supply, distribution and treatment of water or sewage by its municipally owned water and sewer system, including r~asonably required access roads to facilities of the System and administrative offices for County personnel acting in the manageme~%t, administration and operation and maintenance of the System. "Treasurer" means the T~'easurer of =he County. 85-505 "Trustee" means Bank of Virginia Trust Company and any other person at any time substituted in its place as provided in Article XI. ! "Variable Rate Bonds" means any Bonds which bear interest at a variable rate. SECTION 1.2. Inter?retation. (a} In this Bond Resolution, unless the oonte~t otherwise requires: (1) the terms "hereby", "hereof", "hereto", "herein", "hereunder", and any similar terms used in this Bond Resolution refer to this Bond Resolution, and the term "heretofore" means before, and the term "hereafter" means after, the date of adoption of this Bond Resolution; {2) the worda oi the masculine gender mean and include correlative words of the feminine and newter genders and words importing the singular number mean and include the plural number (3) words importing persons shall include firms, associations, partnerships (including limited partnerships), trusts, corporations and other legal entities, including public bodies, as well as natural persons; (4) any headings preceding the texts of the several articles and section of this Bond Resolution, and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall not constitute a part of this Bond Resolution, nor shall they affect its meaning, construction or effect; (5) this Bond Resolution shall be governed by, and construed and enforced in accordance with, the applicable laws of the State; and (61 any publication to be made under the provisions of this Bond Resolution in successive weeks Or on au¢¢asalve dates may be made in each instance upon any business day of the week and need not be made in the same Authorized Newspapers for any or all of the successive publications but may be made in different Authorized Newspapers. If, because of the temporary of permanent suspension of th publication or general circulation of any of the Autkorized Newspapers or for any other reason it is impossible or impractical to publish any notice pursuant to this Bond Resolution in the manner herein provided, then such publication in lieu thereof as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice. (b) Nothing in the Bond Resolution expressed or implied is person, other than the County, the Trustee and the Holders of the Bonds, any right, remedy or claim under or by reason of this Bond Resolution er any covenant, condition or stipulation thereof. Ail the covenants, stipulatiOnS, promises and agreements herein contained by and on behal~ of the County shall be for the sole and e×clusive benefit of the County, the Trustee and the Holders of the Bonds. (c) If any one or more of the covenants or agreements provided herein on the part of the County or the Trustee to be performed should be c0nt~ary to 1~, then such covenant or agreement shall be deemed separable from the remaining covenants and agreements hereof and shall in no way affect the validity of the other provisions of this Bond Resolut~ion or of the Bonds. ARTICLE II TEF~4S OF BONDS SECTION 2.1. Bond Resolution to Constitute Contract; Pari~ ~onds. In consideration of the purchase and acceptance cf the Bo~ by those who shall bold tha same from time to ~im~, the provisions of this Bond Re~olution shall ]ne a part o~ t e contract of the County with the Holders of Bonds and shall be © © deemed to be and shall constitute a Contract among the County, the Trustee and the Holders from time to time of the Bonds. The pledges and assignments made hereby and the provisions, covenants and agreements herein set forth te be performed by or on behalf of the County shall be for the equal benefit, protection and securihy of the ~olders of any and all of such Bonds, each of which, regardless of the time Or times of its issuance or maturitys shall be of equal rank without preference, priority or distinction over any other thereof except as expressly provided in this Bond Resolution. SECTION 2.2. Obligation of Bonds. The Bonds issued under this Bond Resolution are f~mited obligations of the County payable solely from the Revenues, subject only to the prior payment from the Revenues of the Operating Expenses of the System, and from the moneys held in the Funda and Accounts created and established under this Bond Resolution pledged to the payment thereof. The Bonds shall not be deemed to constitute a full faith and credit general obligation of the County for which there is a right to compe~ the exerci.se of the ad valorem taxing power of the County. SECTION 2.3. Authorization of Bonds. In order to provide sufficient funds to refund and defease the Refunded Bonds, to construct the 1985 Expansion and any other expansion or improvement of the System and to acquire property in connection therewith, Bonds of the County are hereby authorized to be issued hereunder, in one or more Series, pursuant to the Act. SECTION 2.4. Conditions Precedent to Delivery of Bonds. The Bonds of each S~e~ shall be delivered upon the receipt by the Trustee of: (1) a copy of the Supplemental Resolution authorizing such Series, certified by the Clerk or an Authorized Officer of the County, by which or pursuant to which the terms of the Bonds of such Series are specified, which Supplemental Resolution (in the case of Bonds other than the 1985A Bonds) shall contain findings and determinations of the Board that no default exists in the payment of the principal of or interest and premium, if any, on any Bond, and that all mandatory redemptions, if any, of Bonds required to have been made under the terms of this Bond Resolution or any Supplemental Resolution shall have been made; (2) a Bond Counsel's Opinion to the effect that (1) such Supplemental Resolution has been dul~ and lawfully adopted and i~ in full force and effect; (ii) this Bond Resolution has been dul~ and lawfully adopted by the County and is valid and binding upon, and enforceable against, the County (except to the extent that the enforceability thereof may be subject to judicial discretion to the exercise of the sovereign police powers cf th~ Co~unonwealth of Virginia and the constitutional powers of the United States of America and to valid bankruptcy, insolvency, reorganization, moratoriu~ and other laws affecting the relief o debtors); (iii) this Bond Resolution creates the valid pledge which it purports to create of the Revenues and of moneys and securities on deposit in any of the Funds established hereunder ~ubject the the application thereof to the pur~0ses and on the conditions permitted by this bond Resolution; and (iv) upon the execution and delivery thereof, such Bonds will have been duly and validly authorized and issued in accordance with this Bond Resolution; (3) a written order as to ~be delivery of such Bonds and the application of Bond proceeds, signed by an Authorized Officer of the Coun'~y; and (4) in the case of the issuance of Bonds (other than the 1985 Bonds and any Completion Bonds) a Certificate of the Director of Budget that such Series of Bonds is issued in compliance with the provisions Of Section 7,11(c), which Certificate shall be aocompanled (i) by an Accountant's Certificate confirming the calc~]ationz set forth in such Certificate' of the Director of Budget with respect to the amounts of Revenues, Operatinq Expenses, Debt Service and Debt Service/Additional Bonds; and (ii), if applicable, a Certificate of any firm of engineers, accountants or consultants refer %o in Section 7.11 (c) (1) with respect to any pro forms analysis of Revenues described in such Section 7.11 {c) {1) or a Certificate of any recognized feasibility consultant in the field of water and sewer financing referred to in Section 7.11 (c) (2) (B) with respect to any projection of Revenues referred to in such Section 7.11 (C) (2) (B). SECTION 2.5. Conditions Precedent to Delivery of Refundinc Bonds. In addition to the requirements of Section 2.4, Refundinc Bonds of any Series shall be delivered only upon the receipt by the Trustee of instructions as to the payment or redemption of the Bonds or other obligations of the County to be refunded together with in~tructions as to the giving of notice of redemption, if any, of the Bonds or other obligations to be refunded. ARTICLE III GENERAL TSP~4S AND PROVISIO~ OF BONDS S~CTION 3.1. Medium of Payment, Denomination, Maturities, Form and Date. (a) The Bonds shall be payable in any coin or currency of the United States of America which at the time of payment is legal ten,er for the payment of public and private debts. Unless otherwise provided in the Supplemental Resolution authorizing the issuance ci the Bonds of any Series, interest on the Bonds of each Series shall be mailed by the Paying Agent for such Series to the Holders of the Bonds of such Series at their last addresses appearing on the registration books of the County maintained by the Registrar. (b) Unless otherwise provided in Supplemental Resolution authorizing the Bonds of any Series, all Bonds shall be in the denomination of $5,000 each or denominations of any integral multiple therof. (c) The ~ate upon which any Principal Installment of and interest on the Bonds of any Series ~hall be payable shall be established in the Supplemental Resolution authorizing the Bonds of such Series. {dl Unless otherwise provided by Supplemental Resolution authorizing the Bonds of any Series, all Bonds of such Series shall be issued in £ully registered form, without coupons. (e) TO th~ ~×tent permitted by law and notwithstanding any other provision of this Bond Resolution with respect to the form of BonGs, the County is hereby authorized to provide by Supplemental Resolution or Supplemental Resolutions~ (1) for the issuance of one or more Series of Bonds either in the form of coupon Bonds or in fully registered form, without coupons; and/or (2) for the exchange of Bonds initially issued in fully registered form for an equal aggregate amount of coupon Bonds of the same Service and maturity with appropriate coupons attached, upon the conditions and with thc restrictions provided therefore in such Supplemental Resolution. Such Supplemental Resolution shall include but shell not be limited to provisions concerning the medium of payment, denominations, form, date, redemption, purchase, transfer, cancellation and execution of such coupon Bonds and the coupons appertaining thereto. (f) Nctwithstan=ing any other provision of this Bond Resolution with respect to the form of Bonds, the County is hereby authorized to provide by Supplemental Resolution for the issuance of one or more Serie~ cf Bonds solely in fully 85-508 registered £erm registrable to a depositary, a nominee or the beneficial owner of the Bonds. The County is further authorized to provide by Supplemental Re~olution that such Series of Bonds shall be evidence by one o~ more certificates or by a system of book entries inform satisfactory to the Director of Budget and to provide for payment, redemption, notices and like provisions in a manner consistent with the such system of registration. (g) The Bonds of each Series shall bear interest at such rate or rates, if any, from thn date specified by the ~upplemental Resolution providing for the issuance of the Bonds of such Series. The Bonds of each Series shall be dated in the date specified by Supplemental Resolution providing for the issuance of the Bonds of snch Series. If, however, as shown by the records of the Regi~tr&r, interest on such Bonds shall be in default, the Bonds issued in lieu of Bonds surrendered for transfer shall be dated the date to which interest has been paid in full on the Bonds surrendered. SECTION 3.2. Legends. The Bonds of each Serie~ may contain or have endorsed thereon such provisions, speclilcatlons and descriptive words not inconsistent with the provisions of this Bond Resolution as may be necessary or desirable to comply with custom, or otherwise. SECTION 3.3. Interchan~eability of Bonds. Upon surrender thereof at the principal or corporate trust office of the Registrar with a written instrument of transfer satistactory to the Registrar, duly executed by 'the Molder or his duly authorized attorney, Bonds may, at the option of the Molder thereof, be exchanges for an equal aggregate principal amount of Bonds of the same Series and maturity, of any of the authorised denominations. SECTION 3.4. NegotSabilit3LTransfer and Registry. All the Bond~ issued under this Bond Resolution shall be negotiable, subject to the provisions for registration, transfer and exchange contained in this Bond Resolution and in the Bonds. SO long as any of the Bonds shall remain Outstanding, the County shall cause to be maintained and kept, at the principal or corporate trust office of the Registrar, books of registry for the registration, transfer and exchange of Bonds. Upon presentation thereof for such purpose at such office, the Registrar shall reglmter or cause to be registered in such hooks of registry, and permit to be transferred thereon, any Bonds entitled to registration or transfer, under such reasonable regulations as the Registrar may prsscribe. SECTION 3.5~ Transfer of Bonds. (a) Bach Bond shall be ~ransferable only upon the books~-~--registry of 'the County by the Bolder th~rnof in person or by his duly authorized attorney, upon surrender thereof with a written instrument of transfer satisfactory to th~ Registrar, duly executed by the Holder thereof or his duly authorized attorney. (b) The County and the Trustee may deem and treat the person in whose name any Bond shall be registered upon the books of registry of the County as the absolute owner of such ~ond, whether such Bend shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any ~uch Holder shall be valid and effectual to satisfy and discharge the liability upo~ such Bond to the extent of the sum or sums so paid, and neither the County nor the Trustee shall be affected by any notice to the contrary. S~CTION 3.6. Regulations with Respect to Exnhanges snd TranSfers. In all cases i~ ~ich the p~ivilege of exc~-nging Bonds or transferring Bonds is exercised, the County shall execute and deliver or cause =o be executed and delivered Bonds in accordance with the provisions of this Bond Resolution. For every such exchange or transfer of Bonds, whether temporary or definitive~ the County, the Trustee or the Registrar may make a 85-509 © © charge sufficient to reimburse it for any tax, fee or other ~overnmental charge required to be paid with respect to such sxchange or transfer. The County, the Trustee or the Registrar shall not be obliged to make any such exchange or transfer of the Bonds of any Series during the period preceding an Interest Payment Date on seeh Bonds specified in the Supplemental Resolution relating to the Bonds of such Series. SECTION 3.7. Bonds Muti~a~9~, ~9~troyed, stolen or LOSt. In case any Bond shall become mutilat~ or be destroyed, stolen or lost, the County, to the extent permitted by the Act, shall execute a new Bond of llke interest rate or rates, if any, maturity, principal amount and other terms as the Bond so mutilated, destroyed, stolen or lost. In th~ case of a mutilated Bond, such new Bonds shall be delivered only upon surrender and cancellation of such mutilated Bond. In the ease of Bonds issued iD lleu of and in substitution £o~ a Bond which has been destroyed, stolen or lost, such new B0~d shall be delivered only upon filing with the Trustee evidence satisfactory to establish to the County and the Trustee that such Bond has been destroyed, stolen or lost and to prove the ownership thereof and ~pon furnishin~ the County and the Trustee with indemnity satisfactory to them. The person requesting the delivery of a new Bond pursuant to this Section 3.7 shall comply with such other reasonable regulations ~s the County and %he Trustee may prescribe and pay such expenses as the County and the Trustee may incur in connection therewith. All Bonds so surrendered to the Trustee shall be cancelled by it. Evidence of such cancellation shall be given to the County. SBCTiON 3.8. Preparation of Definitive Bonds~ Temporary Bonds. (a} The definitive Bonds of any Series may be issued in a typewritten form and may be exchangeable for ~onds of such Series in printed form in accordance with th~ provisions Of the Supplemental Resolution authorizing the issuance of the Bends of such Series. (b) Until definitive Bonds are prepared, the County may execute and d~tiv~r, in li~n of definitive Bonds, but subject to the same provisions, limitations and conditions as the definitive Bonds, except'as to the denomination thereof and as to exchangeability, one or more temporary Bondz, substantially cf the tenor of the definitive Bonds in lieu of which such temporary Bonds are issued, with such omissions, insertions and variations as may be appropriate to temporary Bonds. Upon surrender of such temporary Bonds for exchange and cancellation, the County et its own expense shall prepare and ex~cute and, without charge to the Holder thereof, deliver in exchange therefor, at the principal office or corporate trust office of the Registrar, definitive Bonds of the same aggregate principal amount, Series and matuIity aS the temporary Bonds surrendered. Until so exchanged, the temporary ~cnd~ shall in all respects be entitled to the same benefits and ~ecurity as definitive Bonds issued pursuant to this Bond Resolution. (c) All temporary Bonds surrendered in exchange for definitive Bonds shall be forthwitk cancelled by the Trustee. SBCTION 3.9. Cancellation and Destruction of Bends. All Bonds paid or redeemed, either at or before maturity shall be delivered to the Trustee when such payment gr redemption is made, and such Bonds, together with all Bonds purchased by the Trustee, shall thereupon he promptly cancelled. Bonds so cancelled may at any time be cremated or otherwise destroyed by the Trustee, who shall execute a Certificate of cremation or destruction in duplicate by the signature of one o~ its authorized o£ficers describiDg the Bonds sc cremated or otherwise destroyed, and one executed Certiiicate shall be filed w~th the County and the other executed Certificate shall be retained by the Trustee. SECTION ~.10. Execution. After their authorization by a Supplemental Eesolut~on~-~'~-Bonds cf any Series may be executed 85-5].0 © by or on behalf of the County and delivered to the purchasers thereof. The Bonds shall be executed in thm name and on behalf of the County by the manual signature of the Chairman (or a facsimile thereof), or in such other manner as may be required or permitted by applicable law, The seal of the County (or a facsimile thereof) shall be thereunto affixed, imprinted, engraved or otherwise reproduced thereon, and attested by the manual signature of the Clerk (or a facsimile thereof), Or in such other manner as may be required or pe/T~itted by applicable Law. In case any one or mere of the officers or employees who shall have signed Or sealed any of the Bonds shall cease to be such officer or employee before the Bonds so signed and sealed shall have been actually delivered, such Bonds may nevertheless ba delivered as herein provided, and may be issued as if the pe~s0~ who signed or sealed such Bonds had not ceased to hold i such office or be so employed. Any Bond may be signed and sealed Ion behalf of the County by such persons as at the actual time of !execution of such Bend of a Series shall be duly authorized or hold the proper office in or employment by the County, although at the date of the Rends of such Series such persons may not have been so authorized or have held such of£ice or employment. ARTICLE IV APPLICATION OF BOND PROCEEDS AND OTHER AMOUNTS SECTION 4.1. Application of Bond Proceeds. Except as provided below and unless otherwise provided in the Supplemental Resolution authorizing the issuance of the Bonds of any Series, the net proceeds of sale of any Series of Bonds shall, as soon as practicable upon the delivery of the Bonds by the Trustee purmuant to Section 2.4, be applied as ~ollows: (1) the accrued interest, if any, on the Bonds shall be deposited in the Debt Service Fund; (2) the amount, if any, required to cause the amount on deposit in the Debt Service Reserve Fund to equal the Debt Service Reserve Requirement immediately after the delivery of the Series of Bonds shall be deposited in the Debt Service Reserve Fund; (3) the amount, if any, to be applied to the refunding of Bonds or other obligations of the County shall be applied as provided in the Supplemental Resolution establishing the issuance of the Refunding Bonds or the issuance of Bonds to refund other obligations of the County; (4) the amount, if any, to be deposited in the Operating Reserve Account in the Operating Fund shall be applied as provided by the applicable Supplemental Resolution; (5) the amount, if any, to be deposited in the Capitalized ~nteresf Account in the Construction Fund shall be applied as provided in the applioable Supplemental Resolution; and (6) the balance remaining after such deposits and payments have b~en made shall be deposited in the Constnuction Account in the Construction Fund. From the proceeds of the 1985A Bonds, there shall be paid to the Escrow Agent such amounts as are sufficient to enable the County to refund and de,ease the Refunded Bonds, as set forth in the written order referred to ~n Section 2.4(3) and in accordance with the previsions of the First Supplemental Resolution. SECTION 4.2. Application of Capitalized Interest Account. The amounts on deposit in the Capitalized Interest Account in the Construction Fund shall be transferred by the County to the Trustee at such times as shall be necessary to provide for th8 application of such amounts on each Interest Payment Date to the ~5-.511 payment of the interest on the Bonds in respect of which such amount was deposited. SECTION 4.3. A]~plioation of Construction Account. (a) The Con~tructi0n ACCOunt in the Construction Fund shall be applied for any of the following purposes: (1) the payment of Costs of Issuance; (2) the payment of Debt Service on Bonds to the extent that the amount in th~ D~bt Service Fund on any Interust Payment Date lis insufficient therefor; and (3} the payment of all Costa of Construction in the manner and subject to the restrictions provided in Section 4.4. (b) Upon the filing with the Director of Budget of a Certificate signed by an Authorized Officer of the County stating that construction of ae Expansion has been substantially completed or that such construction or operation of the System has been abandoned in accordance with the conditions set forth in Section 7.13, and setting forth an amount necessary to pay all unpaid Costs of Construction, the Director of Budget shall transfer to the Extension and Replacement Fund all amounts in the Construction Account in the Construction Fund in excess of the amount specified as necessary to pay all unpaid Costs of C0n~truction. SECTION 4.4. Construction Expenses. Upon the filing from time to time with the Treasurer of requisitions with respect to Costs of Construction signed by an Authorized Officer of the County, stating by general class/f/cation the purpose for which each disbursement is to be made and that such work was actually performed or such materials, supplies or equipment actually delivered, installed or fabricated, the Treasurer shall make or cause to be made a disbursement from the Construction Account in the Construction Fund for the payment of such COSts of Construction. SECTION 4.5. A~Plication of Proceeds of Refunding Bonds. The proceeds of any Refunding Bond~ shaI~be ~eposited as set forth in Section 4.1. and as further provided in the Supplemental Resolution authorizing such Refunding Bonds. ARTICLE V PLEDGE OF BOND RESOLUTION; FUNDS AND ACCOUNTS SECTION 5.1. Pledge Effected by Eond Resolution. The Revenues and all amounts held in any Fund Or Account, including Investment Securities, are hereby pledged, and the County hereby grants a security interest therein, to the Trustee for the benefit of Bondholders, to secure the payment of Bonds (including the Sinking Fund Payments for the retirement thereof) in accordance with their terms and the provisions of this Bond Resolution subject only to the provisions of this Bond Resolution permitting the application or exercise thereof for or to the purposes and on the terms and conditions herein set forth. The money and property hereby pledged shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act and such lien shall be valid and binding against all parties having claims of any kind in tort~ bontrast or otherwise, irrespective of whether such parties have notice hereof. SECTION 5.2. Funds and ACcounts. (a] The County hereby establishes add creates ~ special trust Funds which for administrative convenience may be subdivided by thc Director of Budget or the Trustee intG Accounts with appropriate identification: 85-512 © © (1) Construction Fund; Revenue Fund; (3) Operating Fund; (4} Debt Service Fund~ (51 Debt Service Reserve Fund; {6) Extension and Replacement Fund; and {71 Redemption Fund. The Debt Service Fund, the Debt Service Reserve Fund and the Redemption Fund shall be held by the Trustee. The Construction Fund, the Revenue Fund, the Operating Fund and the Extension and Replacement Fund shall be held by the Treasurer. Ail moneys or securities held by the Trustee, the Treasurer or any Depositary pursuant to this Bond Resolution shall be held in trust and applied only in accordance with %he provisions of this Bond Resolution. (c) The County for financial accounting purposes may, in accordance with generally accepted accounting principles consistently applied, treat the Funds created and established in subsection (s) of this Section 5.2 as accounts in an enterprise fund. SECTION 5.3. Construction Fund. (a) There shall be deposited from time to time in the Construction Fund all amounts required to be deposited therein pursuant to Article IV and Article VIi and any other amounts available therefor and ~etermined by the County to be deposited therein. (b) Amounts in the Construction Fund shall be expended as ~rovided in Article IV and Section 5.6. SECTION 5,4. Revenue Fund. (a) The County shall cause all levenues to be deposited in the Revenue Fund. There shall also be deposited in the Revenue Fund any other amounts required to be deposited therein pursuant to this Bond Resolution. (b) The County shall cause to be paid out of the R~venue Fund all moneys on deposit therein in the following order of priority: (i) FIRST: On or before and as cf the first day of each month of each Fiscal Year there shall be transferred tu and depesited in the Operating Fund for credit to the Operating Account therein an amount such that (after taking into consideration the amounts then un deposit in the Operating Fund and credited to the Oparatin9 Account therein), if the same amount is transferred thereto on the first day of each succeeding month of such Fiscal Year, at the end of such Fiscal Year, there will have been transferred thereto during such Fiscal Year an amount equal to the Operating ~xpenses set forth in the Operating Budget for such Fiscal Year (as amended). (ii) SECOND: On or before and as of the first day of each month of each ~iscai Year (bet only after the deposi~ and credit required by clause (i) cf this Section 5.4(b) shall have been made), there shall be paid to the Trustee for deposit in the Debt Service Fund an amount such that (after taking into consideration amounts then On deposit in the Debt Service Fund), if the same amount is transferred thereto on the first day of each succeeding month of such Fiscal Year, there will be in ~he Debt Service Fund an amount equal to the interest to become due on all Outstanding Bonds of each Series of Bonds on the next succeeding Interest Payment Date for the Bonds of each s~¢h Series cf Bonds. (iii) THIRD: Unless otherwise provided in a Supplemental Resolution authosizing the Bonds of any Series, on or before and as of the first day of each month of any Fiscal Year in which a Principal Installment is to become d~e {but only after the deposits and credits required by clauses (i) and (ii) of this Section 5.4(b) shall have been mad.e), there shall be pa~d to the Trustee for deposit in the Debt Service Fund an amount such that 85-513 (after taking intoconsideration amounts then on deposit in the Debt Service Fund), if the same amount is transferred thereto on the first day of each succeeding month of such Fiscal Year, there will be in the Debt Service~ Fund an amount equal to the Principal Installment to become due on all Outstanding Bonds of each Series of Bonds on the next succeeding Principal Payment Date for the Bonds of each such Series of Bonds. (iv} FOURTH= On or before and as of the first day of any calendar month in which such a payment is due (after the deposits and credits required by clauses (i), (ii) and (iii) of this Section 5.4(b) shall have been made), there shall be paid to the Bank the amount, if any, then due and payable. (v) FIFTE: On or before and as of the first day of each month of eaoh Fiscal Year (but only after the deposits and credits required by clauses {i), (ii) (iii) and (iv) of this 'Section 5.4(b) shall have been made), there shall be paid (a) to the Trustee for deposit in the Debt Service Reserve Fund the amount of any deficiency therein and (b) to the trustee designated in any Supplemental Resolution authorizing the issuance of the Bonds any Series for deposit to the debt service reserve fend h~ld for the benefit of the Holders of the Bends of such Series the amount of any deficiency therein. (vi) SIXTH: On or before and as of the first day of each month of each Fiscal Year (but only after th~ deposits and credits required by clauses (i)r (ii), (iii), (iv) and (v) of this Section 5.4(b) shall have been made), there shall be transferred to end deposited in the Operating Fund for credit to the Operating Reserve Account therein an amount such that lafter taking into consideration amounts then on deposit in the Operating Fund and credited to the Operatinq R~serv~ Account therein), if the same amount is transferred thereto on the first day of each of the succeeding five months, there will be on deposit in the Operating Fund and credited to the Operating Reserve Account therein an amount equal to one-sixth (1/6th) of the Operating Expenses as set forth in the Operating Budget for the then curren~ Fiscal Year. (vii) SEVENTH: On and as of the first day of each month of each Fiscal Year (but only after the deposits and credits required by clauses (i)~ (ii), (iii), liv), (v) and (vi) of this ~ection 5.4(b) shall have been made), there shall be transferred to and deposited in the Extension and Replacement Fund any smouats remaining in the Revenue Fund. (c) The deposits and credits required to be made by clauses (i), (vi) and (vii): of Section 5.4(b) shall be deemed to have b~en made on or before and as of the first day of a calendar month is such deposits and credits shall have been recorded in the books of record and account kept by the County pursuant to Section 7.6 on or before the tenth (10th) day of such calendar month. SECTION 5.5 Operating Fund. (a) There are hereby created and established in the Operating Fund an Operating Account and an Operating Reserve Account. (b) (i) There shall be deposited in the Operating Fund for credit to the Operating Account all amounts required to be credited thereto pursuant to Article V of this Bond Resolution and any other amounts available therefor and determined by the County to be credited thereto from time to time. (ii) Amounts in the Operating Fund shall be applied to the payment of Operating Expenses consistent with the Operating Budget of the County. In no event shall the aggregate disbursements from the Operatisg Fund in any Fiscal Year exceed the amount provided therefor in the Ope~a%J. ng Budget, as the same may be amended from time to time. 85-514 (e) (i) There shall be deposited to the Operating Fund for :redit to the Operating Reserve Account f~om the proceeds of the L985 Bonds (other than the 1985A Bonds) and any Additional Bonds ~r Completion Bonds to the 9xtent provided in the Supplemental ~e$olution authorizing the issuance of the 1985 Bonds (other than :he 1985A Bonds) or Additional Bonds or Completion Bonds, or from any other legally available source an amount necessary to iincrease the amount credited thereto to equal one-sixth (1/6th) iof the Operating Expenses as set forth in the Operating Budget for the then current Fiscal Year. (il) Amounts in the Operating Reserve Account in the )petering Fund may be used at any time and from time to time by the County to pay Operating Expenses to the extent the moneys credited fo the Operating Account in the Operating Fund shall be insufficient for such purpose. SECTION 5.6. Debt Service Fund. (a) The Trustee shall pay out and permit the withdrawal of amounts depesited in the Debt Service Fund as follows: (1) On each Interest Payment Date, the Trustee shall make payment out of the Debt Service Fund te the Holders of the Bonds of the interest due on the Outstanding Bends On such date to the extent such interest shall not be paid out of the Capitalized Interest Account in the Construction Fund. (2) Subject to the provisions of this Bond Resolution requiring the application thereof to the payment, purchase or redemption of any particular Bonds, the Trustee shall pay out of the Debt Service Fund to the Holders of the Bonds on each Principal Payment Date the amounts required for the pa~rment of the Principal Installments, Redemption Price Or purchase price, :due on the Outstanding Bonds on such date. (3) (a) Prior tc the forty-fifth (45th) day preceding the due date of each Sinking Fund Payment, any amount accumulated in the Debt Service Fund up to the unsatisfied balance of such Sinking Fund Payment may, and if so directed in writing by the Director of Budget shalL, be applied in satisfaction of part or all so such Sinking Fund Payment to the purchase of Bonds of the Series and maturity ~or which each Sinking Fund Payment was established, at prices (including any brokerage and other charges) not exceeding the Redemption Price for such Bonds when such Bonds are redeemable by application of such Sinking Fund Payment plus unpaid interest accrued to the date of purchase, such purchases fo be made in such manner as the Trustee shall determine. (b) Upon the purchase of any Bond pursuant to subsection (a) (3) (a) of this Section 5.6, an amount equal to the principal amount of the Bond so purchased shall be credited toward the next Sinking Fund Payment thereafter to become due and the amount of any excess of the amounts so credited over the amount of such Sinking Fund Payment shall be credited by the Trustee against future payments in the manner provlded in subsection ~a) of this Section 5.6 unless otherwise instructed in writing by the Director of Budget at the time of such purchase er redemption. The portion of any Sinking Fund Payment remaining after the crediting thereto of any such amounts and of any amounts to be credited thereto as provided in subsection (s) (3) (d} of this Section 5.6 (or the original amount of any sUc~ Sinking Fund Payment if no such amounts shall have been c~][ted toward the same) shall constitute the unsatisfied balance cf such Sinking ~und Paym~nf for the purpose of calculating Sinking Fund Payments due on a future date. (c) As soon as practicable after the forty-fifth (45th) day preceding the due date of any Sinking Fund Payment, the Trustee shall proneed to call for redemption pursuant to Section 6.5 on such due date, Bonds of the Ser!es and maturity for which such 85-5!5 © © ~inking Fund. Payment was established in such amount as shall be ~ecessary to complete the retirement of a principal amount of the ~onds of such maturity equal to the unsatisfied balance of such ~inking Fund Payment. The Trustee shall so call such Bonds for redemption whether ~r not it then has moneys in the Debt Service Fund sufficient to ~ay the applicable Redemption Price thereof on the Redemption )ate. The Trustee shall pay out of the Debt Service Fund to the Solders of the Bonds on saoh such Redemption Date th~ amount ~equired for th~ redemption of the Bonds so called for redemption. (dl Upon the purchase er redemption of Bond~ for which Sinking Fund Payments have been established from amounts in the )ebb Service Fund, an amount equal to the principal amount of the iBonds so purchased or redeemed shall be credited toward the next :Sinking Fund Payment thereafter to become due. If, however, there shall be filed with the Trustee written instructions of the Director of Budget ~pecifying a different method for crediting Sinking Fund Payments upon any such purchase or redemption of Bonds, then such Sinking Fund Payments shall be credited as shall be provided in such instructions. (e~ Except as otherwise specifically provided herein, the Truste~ shall have nO obligation to purchase or attempt to purchase Bonds at a prioe below the Redemption Pri~e, principal amount or at any other price, and any arm's-length purchase by the Trustee shall conclusively be deemed fair and reasonable. {b) In the event that on any Interest Payment Bate or Principal Payment Date there is a deficiency in the Debt Service Fund, the amount of suoh deficiency shall be made up from the following Funds and is fha order of priority set forth below: (1) Debt Service Reserve Fund; (2) Redemption Fund; {3) Revenue Fund; {4) Extension and Replacement Fund; and (5) Construction Fund SECTION 5.7. Debt Service Reserve Fund. (a) There ~hall be deposited in the Debt Service R~srve Fund all amounts to be deposited therein pursuant to Article IV and Article V of this Bond Resolution and any other amounts available therefor and determined by the County to be deposited therein. To the extent provided in the Supplemental Resolution authorizing the issuance of the Bonds of any Series, an amount equal to any debt service reserve requirement in respect of the Bonds cf such Series may be deposited with a trustee designated in suck Supplemental Resolution and held ~or the benefit of the Holders of the Bonds i~ued under ~noh Supplemental Resolution. In such event all references herein to the Debt Service Reserve Fund and the Trustee shall be deemed, in the case o~ the Bonds of such Series issued under such Supplemental Resolution~ '~o re,er to such other debt service reserve fund held by such other trustee. R×cept as otherwise provided in any. Supplemental Resolution referred to in the irm~ediately preceding sentence, to the extent deposits to and withdrawal~ from the Debt Service Reserve Fund are required by this Send Resolution, such deposits to and withdrawals from the Debt Servi~e Reserve Fund hereunder shall be made peri passu with deposits to and withdrawals from such other ~ebt service reserve fund. (b) Amounts held ~n the Debt Service Reserve Fund shall be applied to restore deficiencies in the Debt Service Fund in accordance with the order of priority for the making up of deficiencies therein as set forth in Section 5.6. (c) In the event that on any Interest-Payment Date there is an excess in ~be Debt Service Reserve Fund over the Debt Service © Reserve Requirement, the amount of such excess shall be deposited in the ~xtension and Replacement Fund. SECTION 5.8. Extension and ~epiacement Fund. (a) There ~hall be deposited in the Extension and Replacement Fund any amount authorized to be deposited therein pursuant to Article IV, Artiole V and Article VII of this Bond Resolution and any other amount available therefor and determined by the County to be deposited therein from time to time. (b) ~Lmounts on deposit in the Extension and Replacement Fund shall be {i) used for the purpose of paying the cost of extensions, additions and capital improvements to, or the renewal and replacement Of capital assets o~, or purchasing and installing new equipment for, the System, or paying any e×penses incurred in connection with the operation and management of the System which are not annually recurrent, including extraordinary maintenance and repair, er which are not Operating ~xpsnses, (ii) applied to the repayment of debt inourred in connection with Capital improvements to the System or any portions thereof, including repayments of loans made by the Comm%Onwealth, (iii) transferred to the Debt Service Fund to make up any deficiency therein in accordance with the order of priorities set forth in Seetion 5.6, and (iv) paid to the Trustee for deposit in the Redemption Fund at the direction of the County Administrator, )rovided that the County Administrator shall determine that the transfer to the Redemption Fund is consistent with the covenant of the County contained in Section 7,!3. (c) The Treasurer shall cause to be made disbursements item the Extension and Replacement Fund for the purposes set forth in clauses (i) and (ii) of sub~ection (b) of this Section 5.8 upon the filing from time to time of requisitions signed by an Authorized Officer of the County, Each requisition shall set forth the purpose for which the disbursement is to be made and shall state that the work has been performed or that materials, supplies or equipment have been delivered, installed or fabricated or that the payment of principal of or interest on a loan is due, as appropriate. SECTION 5.9. Redemption Fund. (a) There may be paid to the Trustee for deposit in the Redem~ion Fund any amount authorized to be deposited therein pursuant to Article V and Article VII Cf this Bond Resolution and any other amount available therefor and determined by the County to be deposited therein from time to time. (b) A~ounts On deposit in the Redemption Fund shall be expended by the Trustee at the direction of the Director of Budget for the redemption of Bonds in accordance with the supplemental Resolution applicable to the Bonds to be redeemed. Amounts on deposit in the Redemption Fund may be transfierred by the Trustee, at the direction of the Director of Budget at any time preceding the giving to Bondholders of notice of redemption >~rsuant to Section 6,5, to any other Fund or Account, including the Debt Service Fund in accordance with Section 5.6, or may be applied to the purchase of Bonds at a purchase price not in excess o£ the greater of the then applicable Redemption ~rice (if any} or the principal amount of such Bonds. SECTION 5.10. ~. (a) Any .i~l~ounts held under this Bond Resolution by the Trustee or any ~. ~itary (except amounts held in the Debt Service Reserve Fund}, may, if and as directed by the Director of Budget, be deposited in the commercial banking department of the Trusfee or any such Depositary which may honor checks and drafts on such deposit with the same force and effect as if it wsre not the Trustee or such Depositary. The Trustee or any such Depositary shall allow as a credit on such amounts at least such interest, ii any, as it customarily alluws upon simiJar fnnds of ~imilar size and under similar conditions or as required by law. 85~517 © © (b) All amounts deposited by the Trustee or any Depositary pursuant to subsection (a) of this Section 5.10 shall be continuously and fully secured either (i) by lodging with the Trustee or any such Depositary other than the Trustee or Depositary in which the deposit is made, as custodian, as collateral security, Investment Securities having a market value (exclusive of accrued interest) not less than the amount of such deposit, or (ii) in such other manner as may then be required by applicable federal or State laws and regulations regarding security for the deposit cf public funds applicable to the County. It shall not be necessary, unless required by applicable law, for the Trustee or Depositary to give security under this Section 5.10 for the deposit of any amounts to the extent that such deposit is insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation~ or their respective successors. SECTION 5.!1. Investments of Certain Funds. (a) Any Fund or Account held by the County may be invested and reinvested or deposited in Investment Securities having yields and maturities a~ determined by the Treasurer. (b) Subject to the right of the Treasurer to direct the investment or deposit of funds hereunder, moneys in any Fund or Account held by the Trustee shall be continuously invested and reinvested or deposited and redeposited by the Trustee in the high~st yield Investment Securities that may be reasonably known to the Trustee, with a view toward maximizing yield (with proper preservation of principal) and miuimizine the instancss of uninvested funds. The ~reasursr shall c~neult with the Trustee from time to time as to the investment of amounts in the Funds and Accounts held by the Trustee. The Treasurer may direct the Trustee to, or in the absence of direction, the Trustee shall, invest and reinvest the moneys in all funds and Accounts in Investment Securities so that the maturity date or date of redemption at the option of the holder thereof shall coincide as nearly as practicable with the times at which moneys are needed to be so expended. The Investment Securities purchased shall be held by the Trustee and shall be deemed at all time~ to be part of such Fund or Account, and the Trustee shall keep the Treasurer advised as to the details of al! such investments. (c) Investment Securities purchased as an investment of moneys in any Fund or Account under the provisions of thi~ Bond Resolution shall be dsemed at all times to be a part of such Fund or Account by the income or interest earned and gains realized in excess of losses suffered by a Fund or Account due to the investment thereof (i) to the extent provided in any Supplemental Resolution providing for the issuance cf Bonds, ~hall be deposited in the Construction Fund for credit to the Construction kccount therein up to the date the Certificate re~erred to in Section 4.3(b) with regard to an E×pans~on shall be delivered; and (ii) to the extent not otherwise providsd pursuant to clause (i~ hereof, shall be deposited in the Revenue Fund as Revenues of the System. SECTION 5.12. Valuation end Sale of Investments. (a) In ~omputing the amount in any Fund or Account other than the Debt Service Reserve Fund, obligations purchased as an investment of Moneys therein shall be valued a~ the lower of cost or fair market value. Obligations purchased as an investment of moneys in the Debt Service Reserve Fund shall be valued at their fair market value. The amounts in each Fund and A~count created and established under this Bond Resolution shall be valued on the last day of each oalendar quarter of each Fiscal Year and at such other times as shall be deemed to be necessary or appropriate by the Trustee or the County. (b) E~cept as otherwise provided herein, the Trustee shall sell at the best price obtainable, or present for redemption, any Investment Security whenever it shall be required in writing by the Treasurer to do so or whenever it shall be necessary in order ~5-518 © © to provide moneys to meet any payment or transfer from any Fund or Account held by it, and the Treasurer shell sell at the best price obtainable, or present for redemption, any Investment Security whenever it shall be necessary in order to provide moneys to meet any payment br transfer from any Fund or Account held by the County. An Investment ~curity may be credited on a pro-rata basis to more than one Fund or Account and need not be sold in order to provide for the transfer of amounts from one Fund or Account to another. ARTICLE VI REDEMPTION OF BONDS $~CTION 6.1. Privilege of Redemption and Redemption Price. Bonds subject to redemp~"~'on' prior to maturity shall be redeemable, upon notice as provided in this Article VI, at such times, at such Redemption Prices and upon such other terms as may be specified in this Bond Resolution or in the applicable !Supplemental Resolution authorizing the issuance of such Bonds. SECTION 6.2. RedemDtion at the Election or Direction of the County. In the case of any redemption of Bonds otherwise than as ~provided in Section 6.3, the County shall give written notice to ithe Trustee of its election or direction so to redeem, on the Redemption Date, the principal amounts of the Bonds of such Series and maturities to be redeemed (which Redemption Date, Series, maturities and principal amounts thereof to be redeemed shall be determined by the County in its sole discretion, subject to any limitations with respect thereto contained in or permitted by this Bond Resolution or the applicable Supplemental Resolution authorizing the issuance of Bonds) and o~ any moneys to be applied to the payment of the Redemption Price. Such notice shall be given at least ten (10) days prior to the last permissible date ~or giving notice of redemption to Bondholders or such later date as shall be acceptable to the Trustee. In the event notice of redemption shall have been given as provided in Section 6.5, the County shell, prior to the Redemption Date, pay or cause to be paid to the Trustee an amount which, in addition to other moneys, if any, available therefor, will be sufficient to redeem on the Redemption Date at the Redemption Price thereof all the Bonds to be redeemed. SECTION 6.3. Redemption Otherwise Than at County's Election or Direction. Whenever by the terms of this Bond Resolution or any Supplemental Resolution the Trustee is required to redeem Bonds otherwise than at the election or direction of the County, and subject to and in accordance with the te~s of this Article ~I and, to the extent applicable, Article V, the Trustee shall select the Redemption Date of the Bonds to be redeemed, give the notice of redemption and pay the R~demption Price to the ~olders of the Bonds. SECTION 6.4. Selection of Bonds to Be Redeemed. In the event of redemption of less than all the Outstanding Bonds of like Series and maturity, the Trustee shall assign to each such Outstanding Bond a distinctive number for each $5,000 {or other authorized d~nomination) of the principal amount thereof so as to distinguish each such $5,000 (or other authorized denomination) from each other portion of th~ Bonds subject to such redemption. The Trustee shall select by lot~ using such method of selection as it shall deem proper in its sole discretion, from the numbers assigned to such Bonds, as many numbers as, at $5,000 (or any other authorized denomination) f6r each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; but only so much of the principal amount of each such Bond of a denomination of more ~han $5,000 (or other authorized denomination) shall be redeemed aa ~hall equal $5,000 lot other authorized denomination) for each number assigned to it and so selected. For the purposes of thls Section 6.4, Bonds which have 85-519 © © theretofore.been selecbed by lot for redemption shall not be deemed Outstanding. SECTION 6.5. Notice ~f Redemption. When the Trustee shall receive notice from the County of it~ election or direction to redeem Bonds pursuant to Section 6.2 and when redemption of Bonds is required by this Bond Resolution or any Supplemental Resolution pursuant to Section 6.3, the Trustee shall give notice, in the name of the County, of the redemption of such Bonds. Such notice shall Specify the Series and maturities of the Bonds to be redeemed, the Redemption Date and the place cr places where amounts due upon such redemption will be payable and, if less than all the Bonds of any like maturity are to be ~edeemed, the letters and number or other distinguishing marks of such Bonds to be redeemed and, in the case of Bonds to be iredeemed in part only, such notice shall also specify the respective portions of the principal amount thereof to be redeemed. Such notice shall further state that on such date there shall become due and payable upon each Bond to be redeemed th~ Redemption Price thereof, or the Redemption Pries of the specified portions of the principal thereof in the case of Bonds to be redeemed in part only, together with interest accrued to the Redemption Date, and that from and after such date interest thereon shall cease to accrue and be payable. Such notice shall be given by mailing a copy of such notice postage prepaid, to the HOLDERS of any Bonds or portions of Bends which are to be redeemed, at their last addresses appearing on the registration books of the County maintained by the Registrar. Rxcept to the extent otherwise provided in the Supplemental Resolution authorizing the issuance of the Bonds of any Series, such notice shall be given not le~s than thirty (30) nor more than sixty (60) days prior to the date fixed for the redemption of the Sends or portions of Bonds which are to be redeemed. The Trustee, at is ~discretion, may also give such notice by publication once a week for at least two (2) successive weeks in Authorized Newspapers, the first such publication to be at such time in the Trustee's discretion so as to give sufficient notice to Holders of Bonds to be redeemed, but such publication shall not be a condition precedent to such redemption and failure so to publish any such notice shall not affect the validity of the proceedings for the redemption of Bonds. B~CTION 6.6. ~yment of Redeemed Bonds; Effect of ~. Notice having been given in the manner provided in Section 6.5, the Bonds or portions thereof so called for redemption shall become due and payable on the Redemption Date so designated at the Redemption Price, plus interest accrued and unpaid to the Redemption Date, and, upon presentation and surrender thereof at the office specified in such notice, such Bonds, or portions thereof, shall be paid at the Redemption Price plus interest accrued a~d unpaid to the Redemption Date. If there shall be drawn for redemption le~s than the entire principal amount of a Bond, the County shall exeCute and deliver or cause to be executed and delivered, upon the surrender of such Bond, without charge to the Holder thereof, for the unredeemed balance of the principal amount of the Bond so surrendered, Bonds of like Series and maturity in any o~ the authorized denominations. If, On the Redemption Date, moneys for the redemption of all the Bonds or portions thereof of any like Series and maturity to be redeemed, together with interest to the Redemption Date, shall be held by the Trustee so as to be available therefor on such date and if not. i~e o~ redemption shall have been published aS aforesaid, then, from and after the Redemption Date interest on the Bonds or portions thereof of such Series and maturi~iies so called for redemption shall cease to accrue and becoiae payable. If such moneys shall not be so available cn the Redemption Date, such Bonds or portions thereof shall ccntinne to bear interest until, paid et the same rate as they would have borne had they not been called for redemption. AIYflCLE Vii PARTICULAR COVENANTS 85-520 © © The County covenants and agrees with the Trustee and thm Solders of the Bonds as follows: SECTION 7.1. Payment ~f Bonds. The County shall duly and punctually pay or cause to be paid, as herein provided, the ~rincipal or Redemption Price of every Bond and the interest thereon, at the dates and places and in the manner stated in the Sends, according to the true intent and meaning thereof and shall duly and punctually pay or cause to be paid all Sinking Fund Payments, if any, becoming payable with respect to any of the Bonds. SECTION 7.2. Extension of Payment of Bonds. The County ~hall not directly or indirectly extend or assent to the extension of the maturity of any of the Bonds er the time of ~ayment o~ any claims for interest on 'the Bonds. Nothing herein ~hall be deemed to limit the right of the County to issue ~efunding Bonds and such issuance shall not be deemed to !onmtitute an extension of maturity of the Bonds. SECTI0~ 7.3. ~ppointment of Reqistrar. The County shall at ~11 times maintain at the principal or corporate trust office of :he Trustee an office or agency where notices, prmsentations and ~emands upon County in respect of the Bonds or Of this Bond ~esolution may be served. The Trustee is hereby appointed as ~egistrar for the 1985 Bonds and shall maintain at its principal )r corporate trust offic~ an office or offices where Bends may be )resented for registration, transfer or exchange. S~CTION 7.4. Power to Issue Bonds and Pledge. The County ~s duly authorized under the Act to authorize and issue the Bonds ~nd to enter into, execute and deliver this Bond Resolution and :c pledge the Revenues and assets purported to be pledged hereby hn the manner and to the extent herein provided. The Bonds and :he provisions of this Bond Resolution are and will be 'the valid ~nd legally enforceable obligations of the County in accordance ¢ith the terms of the Bonds and of this Bond Resolution. The ]cunty shall at all times, to the extent permitted by law, ]efend, preserve and protect the pledge of such Revenues and )ther assets pledged under this Bond Resolution and all the ~ights of the Bondholders under this Bond Resolution against all ~laims and damands of all persons whomsoever. SECTION 7.5. Further Assurance. At any and all times 'the ~ounty shall, so far as it may be authorized by law, pass, make, ~xecute, acknowledge and deliver, all and every such further :eselutions, acts, de,ds, conveyances, assignments, transfers and ~ssurances as may be necessary or desirable for the better ~ssuring, eonveying~ granting, pledging, assigning and confirming ~11 and singular of the rights, Revenues and assets hereby )ledged or assigned, or intended so to be, or which the County nay become bound to pledge or assign. SECTION 7.6. Accounts and Reports. (a) The County shall, in accordance with generally accepted accounting principles for ~nterprise funds and the provisions of Section 5.2(c) of this ~ond Resolution, keep, or cause to be kept, proper books of ~ecord and account in which complete and accurate entries shall )e made relating to the System~ which shall at all reasonable ~imes be subject to the inspecalon of the Trustee and the Holders >f an aggregate of not less than ten percent (10%) in principal ~mount of Bonds Outstanding or their represehtatives duly ~uthorlzed in writing. (b} The County shall annually file with the Trustee, within )ne hundred eighty (180) days after the close of each Fiscal ~ear, a copy of an audited annual financial report as to its ~bligations and activities ~elating to the System during such ?iscal Year, and financial statements for such Fiscal Year, setting forth ~n reasonable detail: 85-521 © © (1) a balance sheet showing the assets and liabilities of the County relating to the System at the end of such ?iscal Year; (2) a statement of reyenues and expenses in accordance with the categories or classifications established by the County for its operating and program purposes and showing the revenues and expenses relating to the System during such Fiscal Year; and (3) a statement el changes in iinamcial position of the County relating to the System, as of the end of such Fiscal Year. The financial statements shall be accompanied by an Accountant's Certificate stating whether the financial statements examined fairly present the financial position of the County relating to the System at the end of the Fiscal Year, and whether the results of its operations and the changes in financial position for the period examined are in conformity with generally accepted acceunting principles for enterprise funds. (c) The County may, in its discretion, employ a firm of consulting engineers on an annual basis to inspect the operation and maintenance of the System and to review the performance by the County of the duties relating thereto provided for in this Bond Resolution. The County may, in its discretion, cause the consulting engineers to file a report of their inspection with the Trustee sixty (60) days after the close of the Fiscal Year. {d) Any such financial statements may be presented on a consolidated or combined basis with other reports of the County, so long as the information relating to the System is separately identified and only to the extent that such basis of reporting shall be consistent with that required under subsection (b) of this Section 7.6. SECTION 7.7. Operating Budgets, (a) The County shall adopt an Operating Budget including provision for the operation and maintenance of the System and payment of the Debt Service related to the Bonds for each Fiscal Year not later than the first day of s~ch Fiscal Year, and shall file the same with the Trustee. Such Operating Budget need not necessarily be the budget prepared by the County for County budgeting purposes. The Operating Budget shall set forth for such Fiscal Year the estimated Revenues, the Principal Installments of and interest on the Bonds due and payable or estimated to beaome due and payable during such Fiscal Year and estimated Operating Expenses for such Fiscal Year. The County may at any time adopt and file with the Trustee an amended Operating Budget for the remainder of the then current Fiscal Year in the manner provided in this Bond Eesolution for the adoption of the Operating Budget. There shall be filed with the Trustee with any such amended Operating Budget a Certificate of an Authorized Officer of %he County stating either that no rate increases are required in order for such amendment of the Operating Budget to not cause the County to fail to comply with the rate covenant set forth in Section 7.8(a) or that rate increases are necessary and necessary action is being taken to adopt and implement such rate increases. Copies of the Operating Budget as then amended and in effect shall be made available by the Trustee at normal busJ. ness hours in the Trustee's office for inspection by any Bondholder. In the event the County shall not adopt an Operating Budget far a Fiscal Year on er before the first day Of such Fiscal Year, the Operating Budget for the preceding Fiscal Year shall be deemed to ha~e been adopted and be in effect for such Fiscal Year until the Operating Budget for such Fiscal Year shall have been adopted as above provided. (b) The Counfy shall not expend for Operating Expenses in any Fiscal Year in excess of the reasonable er necessary amount thereof, and shall not expend any amount or incur any indebtedr~ess for Operating Expenses for such year in e~cess of the ~ount provided therefor i~ fha Operating Budget as originally prepared or as amenaed. S5-522 © © SECTION. 7.8. Rate Covenant. (a) ~rior to the commencement of each Fiscal Year the County shall fix, establish and maintain or cause to be fixed, established and maintained such rates and charges for the provision a~d sale of water and sewer services, and reviae cr cause to be revised the same from time to time whenever necessary (in~iuding without limitation upon any amendment of the Operating Budget), as will produce Revenues including Revenues to be derived from interest or other nvestment income earned in any Fund or Account which is required to be deposited into the Revenue Fund! in such Fiscal Year of not less than the total of (i) the Operating Expenses budgeted for such Fiscal Year (as revised upon any amendment of the Operating Budget), and (ii) 115% of (1.15 times) the Debt Service to become due during such Fiscal Year. (b) In satisfying the covenant contained in subsection of this Section 7.8 there shall be deducted from the calculation of Debt Service any interest payments on the Bonds of any Series for which moneys have been deposited in the Debt Service Fund from the proceeds of such Bonds as accrued interest os deposited in the Capitalized Interest Account in the Construction Fund as capitalized interest. (e} The covenant contained in subsection (a) Of this :Section 7.2 shall be interpreted, with respect to the first delivery of Bonds under this Bond Re~olution, to be applicable to lhe Fiscal Year commencing July 1, 1985. (d) If at any time the actual Revenues for the immediately ~receding twelve (12) months shall be less than the total of (i) ~he actual Operating Expenses for such twelve (12) month period, · nd (ii) 115% of (1.15 times) the actual Debt Service £ur such twelve (12) month period, the County shall immediately retain a ~onsultant to advise it as to the actions, including rate increases, necessary to comply with the rate covenant set forth in subsection {a} of this Section 7.8 and within sixty (60) days · fter retaining the Consultant, the County shall file or cause to Oe filed with the Trustee a special report of the Consultant as ~o its recommendations and the action~ being taken by the County tO cure its failure to comply with such rate covenant. (e) The rates and charges established by the County ~rom time to time for the services provided by the System shall be uniform within each class of customers. SECTION 7.9. Collection of Revenues. The County shall collect and deposit or cause to be collected and deposited in the ReVenue Fund all amounts paid pursuant to customer contracts or any Dther contracts regarding the provision and sale of water and sewer services. The County will enforce or cause to be enforced all covenants, conditions, restrictions and provisions of such ~ontracts and may consent to the modifications of such contracts only so long as the rate covenant described in Section 7.8(a} remains satisfied. SECTION 7.10. Consultant's Report. (a) The County may, in its discretion, retain a consultant and may direct Consultant, prior to the time fixed by the County for the filing of its Operating Budget for any Fiscal Year, to submit a report to the County addressed to the Board and the Director of Budget showing for the current Fiscal Year the Revenues received, Debt Service and Operating Expenses and indicating any increase required in such Revenues for the next s~aceeding Fiscal Year inorder to satisfy the covenant set forth in Section 7.8(a) on the basis of scheduled Debt Service and projected Operating ~xpenses for the next succeeding Fiscal Yea~. (b) The County may, in ~ts discretion, direct the Consultant, prior to the time fixed by the County for the filing of its Operatin~ Budget for any Fiscal Year, to submit a report to the County addressed to the Board and the Director of Budget 85-523 © setting forth the recommendations of the Consultant for the revision of rates and charge~ in order for the County to comply with its covenant set forth in Section 7.8(a). SECTION 7.11. Issuanca of Additional Obliqa%!ons. (al The County will not issue any other obligations, except upon the conditions and in the manner provided in this Bond Resolution, payable from the Revenues derived from the operation of the System, nor voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance or any other charge having priority to or being on a parity with the lien of the Bonds issued pursuant to this Send Resolution. (b) The County may issue Completion Bnnds in an amount not to exceed that amount necessary to complete the 1985 Expansion ,and pay the costs incurred in connection with the issuance of such Completion Bonds, as such amount is set forth in a Certificate of a firm of engineers or consultants selected by the County. (c) with the exception of the 1985 Bonds and the Completion Bonds, if any, no Bonds shall be issued unless either: (1) the Revenues for any twelve (12) consecutive months in the eighteen (18) calendar months immediately preceding the delivery of he Series of Bonds to be issued, adjusted in the manner hereinafter provided, are at least equal to the sum of (i) the Operating Expenses for such twelve (12) month period; and (ii) 120% of (1.2 times) the maximum Debt Service/Additional Sends to occur in any future Fiscal Year. If the County has sale of watez and sewer services, or other services of the System, a firm of engineers, accountants or consultants selected by the Director of Budget with the approval of the County may be instructed to prepare a pro forma analysis of Revenues for the preceding eighteen (18) months giving effect to the increases, and such analysis may be used for purposee of satisfyin9 the Additional Bonds test set forth in this clause (1); or (2~ (A) the Revenues for the Fiscal Year immediately preceding the delivery of the Series of Bonds to be issued shall have been at least equal for such Fiscal Year to the sum of the Operating Expenses; and (ii) 120% of (1.2 times) the Debt Service for such Fiscal Year) and (B) the Revenues, as projected by a recognized feasibility consultant in the field of water and sewer financing, (a) during the period beginning on the first day of the Fiscal Year in which the Series of Bonds to be issued are to be delivered and ending on the last day the ?iscal Year in which the Expansion to be financed from ~ ~'~ceeds of such Series of Bonds is expected to be, completed, ~! ~,e at l~ast equal to the sum of (i) the Operating Expen~ ,cojected for such period, and (ii) 130% of (I.3 times) ~:he £.~, : ~ Service/Additional Bonds projected for such period; and (b) fc.~ each of the two (2) ?iscal Years following the Fiscal Year i .~hich the Expansion is expected to be completed, shal~ equal to the sum of (i) the Operating Expenses projec,.:~ ,: {:or such period, and (ii) 130% of (1.3 times) the maximum Debt :~, .,.,ice/Additional Bonds to occur in any future Fiscal Year. SECTION 7.12. Tax Covenants. (a) The'County shall not permit at any time or times any of the proceeds of the Bonds or any other funds of the County to be used, directly or indirectly, tc acquire any securities or obligations the acquisition of which would cause any Bond to be an "arbitrage bond" as defined in Section i03(c) (2) of the Code. (b) The County shall take nu action the e~fect of which shall be to cause any Bond the in~erest oB which at the time of its issuance was exempt from federal income taxation to become subject to federal, income taxation. 85-524 © © SECTION. 7.13. Construction and Maintenance of System. The County shall complete or cause to be completed cOnstruction sf any Expansion or any portion thereof in an economical and efficient manner with all practicable dispatch and thereafter shall maintain or cause to be maintained the system in good condition and shall continuously operate or cause to be operated the same in an efficient manner and at a reasonable cost as a municipal revenue producing enterprise. The County may terminate construction of an Expansion or operation of the System upon the filing with the Trustee of (t) a Certificate signed by an Authorized Officer of the County stating that the abandonment of construction and operation is economically justified and shall not prejudice the interest of the Bondholders and (2) an opinion of Bond Counsel to the County stating that the abandonment of construction and operation shall not materially prejudice the benefits, rights on privileges of the Bondholders or the County. (b) The County shall operate, manage and maintain the System as a "project" as that term i~ defined in the Act, SECTION 7.14. insurance. (s} The County shall maintain Or cause to be maintained such insurance coverage as is reasonable under the circumstances now in existence to insure the System against any physical loss or damage and to insure against injury to persons er damage to property which may reasonably occur in the operation of 'the System, with such revisions, insertions and omission~ necessitated by the transfer of ownership of the Existing System and construction of any ~xpansion. The County may, at ifs option and to the extent allowed by the law and not provided by other policies of the County, provide for self-insurance or carry or cause to be carried ~uch other insurance with a reputable insurance carrier or carrisrs, such as is maintained or carried by private corporations owning or operating similar utilities as the System, including: (1) public liability insurance against loss or damage by fire, explosion, hurricane, earthquake, cyclone, occupancy or other hazards and risks, (2) comprehensive general public liability insurance and automobile liability insurance to (S) the Revenues, as projected by a recognized feasibility consultant in the field of water and sewer financing, (a) during the period beginning on the first day of the Fiscal Year in which the Series of Bonds to be issued ere to delivered and ending on the last day of the Fiscal Year in which the Expansion to be financed from the proceeds of such Series of Bonds is expected to be completed, shall be at least equal to the sum of (i) the Operating ~xpenses projected for such period, and (ii) 130% of 11.3 times) the Debt Service/Additional Bonds projected for such )eriod; and (b) for each of the two ~2) Fiscal Years following ~he Fiscal year in which the Expansion is expected to be completed, shall be equal to the sum of (i) the Operating Expenses projected for such period, and (ii) 130% of (1.3 times) the maximum Debt Service/Additional Bonds to occur in any future Fiscal Year. SECTION 7.12. Tax Covenants. (a) The County shall not permit at any time On times any of the proceeds of the Bonds or any other funds of the County to be used, directly or indirectly, to acquire any securities or obligat~oas the acquisition of which would cause any Bond to be an "arbitrage bond" as defined in Section 103(c) (2) of the Code. {b) The County shall take no action the effect of which shall be to cause any Bond the interest eu which et the time of its i~suance was exempt fro~ federal income taxation to become subject to federal income taxstio]~. SECTION 7.13. Construction and Maintenance of System. The Cousfy shall complete or cause to be completed construction of any Expansion or any portion thereof i~% an economical and ~fficient manner with all practicable dispatch and thereafter 8B-525 © shall maintain or cause to be maintained the System in good condition and shall cQntinuously operate or cause to be operated the same in an efficient manner and a reasonable cost as a municipal revenue producing enterprise. The County may terminate construction of an Expansion Or operation of the System upon the filing with the Trustee of (1) a Certificate signed by an Authorized Officer of the County stating that the abandonment of construction and operation is economically justified and shall not prejudice the interest of the Bondholders and (2) an opinion of Bond Counsel to the County stating that the abandonment of construction and operation shall not materially prejudice th~ benefits, rights or privileges of the Bondholders or the County. (b) The County shall operate, manage and maintain the System as a "project" a~ that term is defined in the Act. SECTION 7.14. Insurance. (a) The County shall maintain or cause to be maintained such insurance coverage as is reasonable under the circumstances new in existence to insure the System against any physical loss or damage and to insure against any injury to persons or damage to property which may reasonably occur in the operation of the System, with such revisions, insertions and omission~ necessitated by the transfer of ownership of the Existing System and construction of any Expansion. The County may, at its option and to the extent allowed by law and not provided by other policies of the County, provide for self-insurance or carry or cause to be carried such other insurance with a reputable insurance carrier or carriers, such as is maintained or carried by private corporations owning or operating similar utilities as the System, including: (1) public liability inenrance against loss or damage by fire, explosion, hurricane, earthquake, cyclone, occupancy or other hazards and risks, (2) comprehensive general public liability insurance and automobile liability insurance to insur~ against injury to persons Or damage to property which may reasonably Occur in the operation of the System, (3) workers' compensation and employers' liability insurance and (4) bu~ines~ interruption insurance. In the event that the County shall designate an agent to supervise construction of the System or any portion thereof, the County shall cause such agent to carry insurance as provided above to the extent that the insurance carried by the County shall be insufficient to insure against loss of the System and any Revenues derived therefrom. Such property loss and damage insurance shall at all limes be in an amount sufficient to indemnify for loss of th~ System and of the Revenues to the extent that such insurance is obtainable. In the time cf war, the County shall also carry er cause to be carried in such amount such insurance aS may be reasonably available against loss or damage by sabotage and the risks and hazards of war. The proceeds of the insurance described in this subsection (a) shall be deposited into the Extension and Replacement Fund. (b) During the construction of any Bxpansien, the County shall maintain or cause to be maintained on its behalf naming it as co-insured or for it~ benefit such builder's risk insurance respecting the Expansion or portions thereof as is customarily carried by owners or builders of utilities similar to the System. Proceeds of such insurance shall be deposited in 'the Construction Fund. (c) ID sll cases, the County's Risk Manager shall be the sole arbiter of the reasonableness of the i~surance to be maintained by the County under this $oction 7.14. SECTION 7.15. Sale of the System. (a) The Systam may be sold, leased or otherwise disposed of to another political subdivision Or public agency of the State authorized by law to own and operate such systems only if such political subdivision assumes all the obligations of the Co%Inty under this Bond Resolution and there is filed ~ith t]~e Trustee a report prepared by an independent consultant ~atisf~cto~v to ~he T~u$~ee ~howing that there is no material~ adverse effect'on the ability of the 85-526 © © ~ystem to produce Revenues to satisfy the rate covenant contained in section 7.8. (b) The System may be,sold, leased or otherwise disposed of to a private utility only as a whole or substantially as a whole, snd only if the net proceeds to be realized shall be sufficient to discharge the lien of the Bondholders as provided in Section 12.1. (c) The County shall have and hereby reserves the right to sell, l~ase or otherwise dispose of any of the property =omprising a part of the System hereafter determined in the harmer provided herein to be no longer necessary, useful or profitable in the operation thereof. Prior to any such sale, lease of other disposition of such property, an Authorized 9fficer of the County shall make a finding in writing determining that such property comprising a part o~ the System is no longer uecessary, useful or profitable in the operation thereof, and such finding shall be approved by re~olution of the Board if the amount to be received therefor is in excsss of $100,000. All proceeds derived from the sale, lease o! other disposition of any property comprising a part of the System as provided above, shall be deposited by the County in the ~xtension and Replacement Fund or the Redemption Fund a~ shall be determined by the Director of Budget. SECTION 7.16. ~pliance With Conditions Precedent. Upon the date of issuance of any of the Bonds, all conditions, acts and things required by law Or by this Bond Resolution to exist, to have happened or to have been performed precedent to or in the issuance of such Bonds shall exist, have happened and have been performed and such Bonds, together with all other indebtedne~ of the County, shall be within every debt and other limit prescribed by law. SECTION 7.17. General. The County shall do and perform or cause to be done and performed al! acts and things required to be done or performed by or on behalf of the County under the provisions of this Bond Resolution in accordance with the term~ of such provisions. ARTICLE VIII SUPPLEMENTAL RESOLUTIONS SECTION 8.1. Supplemental Resolutions Bffective Upon Filing With the Trustee. For any one or more of the following purposes and at any time or from time to time, a Supplemental Resolution o'f the County may be adopted, which, upon the filing with The Trustee of a copy thereof certified by the Clerk or an Authorized Officer of the County, shall b~ fully effective in accordance with its terms: (1) to close this Bond Resolution against, or provide limitations and restrictions in addition to the limitations and restrictions contained in this Bond Resolution on the delivery o~ Bonds or the issuance of other evidences of indebtedness; (2) to add to the oovenant~ and agreement~ of the County in this Bond Resolution other covenants and agreements to be observed by the County which are not contrary to or inconsistent with this Bond Resolution as theretofore in 'effect; (3) to add to the limitations and restrictions in this Bond Resolution and other limitations and restrictions to be observed by the County which are not contrary to or inconsistent with this Bond Resolution as thereupon in effect; (4) to surrender any rigkt, power g~ p~ivilege reserved to or co~%£er~ed upon the County by the terms of this Bond Resolution, but only if the surrender o~ such right, power or 85-~27 © © privilege is. not contrary to ox inconsistent with the covenants and agreements of the County contained in this Bond Resolution; (5) to confirm, as further assurance, any pledge under, and the subjection to any lien or pledge created or to be created by, this Bond Resolution of the Revenues or of any other revenues or (6) to modify any of the provisions of this Bond Resolution in any respect whatsoever, but only if (i) such modification shall be, and be expressed to be, effective Only after all Bond~ Outstanding at the date of the adoption of such Supplemental Resolution shall cease to be Outstanding, and (ii) such Supplemental Resolution shall be specifically referred to in the text of all Bonds delivered after the date of the adoption of such Supplemental Resolution and of Bonds issued in exchange therefor or in place thereof; (7) to authorize the issuance of additional Series of Bonds and to prescribe the terms and conditions upon which such Bonds may be issued; (8) to ~norease the Debt Service Reserve Requirement by removing the reference to the Code to the extent there is a change in such law or regulations permitting the removal of the limitation; or (9) to provide for the issuance of Bonds in such form as permitted by Section 3.1 and to make such other provisions as are necessary to provide for Bonds issued in such form. SECTION 8.1. Supplemental Resolutions Effective Upon Consent of Trustee. la} For any one or more of the following purposes and at any time or item time to time, a Supplemental Resolution may be adopted, which upon (i) the filing with the Trustee of a copy thereof certified by the Clerk or an Authorized 0£iicer of the County, and (ii) the filing with the Trustee and the County of an instrument in writing made by the Trustee consenting thereto, shall be fully effective in accordance with its terms: (1) to cure any ambiguity, supply any omission, or cure or correct any defect or inconsistent provision in this Bond Resolution; or (2) to insert such provisions clarifying ~[atters or questions arising under this Bond Resolution as are necessary or desirable and are not contrary to or inconsistent with this Bond Resolution as theretofore in e~feot. lb) Any such Supplemental Resolution may also contain one or more of the purposes specified in Section 8.1 and, in that event, the consent of the Trustee required by this Section 8.2 shall be applicable only to those provisionm of such Supplemental Re~olution as shall contain one or more of the purposes set forth in subsection (a) of this Section 8.2. SECTION 8.3. Supplemental Resolutions ~ffective Upon Consent o~ Bondholder~, At any time or from time to time, a Supplemental Resolution may be adopted subject to consent by Bondholders in accordance with and subject to the provisions of Article IX. Any such Supplemental Resoluti6n shall become ~ully a~fective in accordance with its terms upon the filing with the 9rUStee of a copy thereof certifJ.ed by the Clerk or by an Authorized Officer Of the County and upon compliance with the ~rovisions of Article IX. S~CTION 8.4. General. Pro'visions. (a) This Bond Resolution ~hall not be modified or amended in any r~spect except as provided in and in accordance with and subject to the provisions Df this Article VIII and Article IX nothing co,rained in this article VIII or Article IX shall affect or limit the right or ~bligati0n of the County to adopt, make, do, execute, © ~cknowledge or deliver any resolutiont act or other instrument )ursuant to the provisions of Section 7.5 or the right cr ~bligation of the County to execute and deliver to the Trustee ~ny instrument which ie to he delivered to the Trustee pursuant this Bond Resolution. (b) Any Supplemental Resolution permitted or authorized by ~ection 8.1 or 8.2 may be adopted by the County without the ~onsent of any o~ the Bondholders, but shall become effective ~nly on the conditions, to the extent and at the time provided in ~uch Sections, respectively. The copy of every Supplemental Resolution filed with the Trustee shall be accompanied by s Bond ~onnsel's Opinion stating that such Supplemental Resolution has :e~n duly and lawfully adopted in accordance with the provisions ~f thi~ Bend Resolution, is authorized or permitted by this Bond Resolution, and i~ valid and binding upon the County. (c) The Trustee is hereby authorized to accept the delivery Df a certified copy of any Supplemental Resolution referred to ~nd permitted or authorized by Section 8.1, 8.2 or 8.3 and to ~ake all further a~reements and stipulations which may be therein ~ontained, an~ the T~ustee, in taking such action, shall be fully ~rotected in relying on an opinion of counsel (which may be a Bond Counsel's Opinion) that such Supplemental Resolution is authorized or permitted by the provisions ef this BOnd Resolution. (d) No Supplemental Resolution shall change or modify any of the rights or obligations of the Trustee without its written consent thereto. ARTICLE IX AMENDMENTS SECTION 9.1. Mailin~ and Publication of Notice of kmendm~nt. (a) Any provisi~n in this Article IX for the mailing of a notice or other paper to Bondholders shall be fully complied with if it is mailed postage prepaid (i) to each Eold~r ~f Bonds 0ntstanding at the address, if any, appearing upon tbs registration books of the County maintained by the Registrar, and (ii) to the Trustee. (b) Any provision in this Article IX for publication oia notice or other matter shall require the publication thereof only in Authorized Newspapers. SECTION 9.2. Powers of Amendment. Ia) Subsequent te the issuance and delivery of the 1985A Bonds, any modification of or amendment to this ~ond Resolution and of the rights and obligations of the Co~%ty a~d of the ~olders of the Bonds hereunder, in any particular, may be made by a Supplemental Resolution, but only~ in the event such Supplemental Resolution shall be adopted pursuant to Section 8.3, with the written consent given, as provided in Section 9.3, (i) of the Holders of at least two-thirds in principal amount of the Bonds Outstanding at the time such consent is given, (ii) in ease less than all of the several Series of Bonds Outstanding are affected by the modification or amendment, of the ~olders of at least two-third~ in principal amount of the Bonds of each Series so affected and Outstanding a= the time such consent is given, and (iii) in case less than all the maturities of a Series of'Bond~ are affected by the modification or amendment, of the ~olders of at least two-thirds in principal amount of 'the Bonds of each maturity so affected and Outstanding at the time such consent is given. If any such modification or amendment will not take effect until Bonds of any specified maturity shall no longer remain Outstanding, the consent of the Holders of such Bonds shall not be required and such Bonds shall not be deemed to be 0ets~snding for the purpose of any calcutatinn of Outstanding Bonds under this Section 9.2. 85-529 © © (b) Ne.such modification or amendment shall permit a change .n the terms of redemption or maturity of the principal of any )utstanding Bond or Of any installment of interest thereon ~ithout the consent of the Molder of such Bond, or shall reduce ~he percentages or otherwise affect the classes of Bonds, the :onsent of the Holders of which is required to effect any such lodification or amendment, or shall change or modify any of the :ights or obligations of the Trustee without its written consent :hereto. For the purposes of this Section 9.2, a Series shall be teemed to be affected by a modification or amendment of this Bond ~esolution if the same adversely affects er diminiehes the rights ~f the Holders of Bonds of such Series. The Trustee may, in its sole discretion, determine whether or not Bonds of any particular {eries or maturity would be affected by any modification Or ~mendment made in accordance with the foregoing powers of ~mendment. Any such determination shall be binding and :onclusive on the County and all Holders of Bonds. (c) Prior to the issuance and delivery of the 1985A Bonds 1nd notwithstanding any other provision of this Bond Resolution ko the contrary, this Bond Resolution and the First Supplemental ~ond Resolution may be amended by one or more subsequent resolutions of the Board without the consent of or any notice to 3r filing with the Trustee or any other person. SECTION 9.3. Consent of Bondholders. (a) A copy of any ~upplemental Resolution making a modification or amendment which is not permitted by the provisions of Section 8.1 or 8.2 (or brief summary thereof or reference thereto in form approved by the Trustee), together with a request to Bondholders for their consent thereto in form satisfactory to the Trustee, shall be nailed by the County to any Bolder of Bonds and may, at the ~iscretion of the Trustee, be published in Authorized Newspapers at least once a week for two (21 successive weeks (but failure to publish such copy and request shall not affect the validity of the Supplemental Resolution when consented to as in this Section provided). Such Supplemental Resolution shall n~t be effective artless and until (i) there shall have been filed with the Trustee (a) the written consents of Holders of the percentages of Outstanding Bonds sDecified in Section 9.2 and (b) a Bond Counsel's Opinion stating that such Supplemental Resolution has been duly and lawfully adopted by the County in accordance with the provisions of this Bond Resolution, is authorized or permitted hereby and is valid and binding upon the County and (ii) a notice shall have been mailed as hereinafter provided in this Section 9.3. (b) The consent of a Bondholder to any modification or ~mendment shall be effective only if accompanied by proof of the ~wnership, at the date of such consent, of the Bonds with respect to which such consent is giveR, which proof shall be such as is permitted by Section 11.13. A Certificate of the Trustee filed with the Trustee stating that it has examined such proof and that such proof is in accordance with such Section 11.13 shall be eonelueive evidence that the consents have been given by the Holders o~ the Bonds described in such Certificate of the Trustee. Any such consent shall be binding upon the Holder of the Bonds giving such consent and upon any subsequent Holder of such Bends and of any Bonds issued in exchange therefor (whether or not such subsequent Holder thereof has notice thereof) unless such consent is revoked in writing by the Molder of such Bonds giving such consent or a subsequent Holder fhereof by filing with the Trustee, prior to the time when the written statement of the Trustee hereinafter provided for in this Bection 9.3 is filed, such revocation and~ if such Bonds are transferable by delivery, proof that such Bonds are held by the signer of such revocation lin the manner permitteu by Section 1i.!3. The fact that a consent b.s$ not been revoked may likewise be proved by a Certificate ef the Trustee filed with t~e Trustee to the ~ffect that no revocation thezeoi is ce file with the Trustee. 85-530 (¢) At.any time after the Holders ef the requirs~ ~upplemen~al Resolution, the Trustee shall make and file with tho ~ounty and the TrUStee a written statemznt that the Hotder~ of ~ave been ~o ~iled. Not more than ninety (90} day~ after the statement of the Trustee hereinabove provided for is filed, percentages of Bonds end will be ~ff~ctiPu as provided in this same ~n Authozized New~paper~ (but failure to publish such notice ffective and binding as provided in this SectiOn 9.3). The notice and, if the same shall have b~en published, of the ~11 Bonds at the expiration of forty (4~) days' a~tsr the filing Re~olution in u lugal action or equi~abl~ 9roceeding fur such purpose co~t~enced within such foity (40) day peri~d, except that the Trustee and the Count~ durin~ ~uch fort~ {48} day period and expedient. obligations of the County and cf ~he Holders of the Bonds rights or obligations of the Trustee without the filing with the Out~tandlng Bonds provided for in thi~ Article IX~ and the County consent or take any other actioD provided for in this Article IX. At the time of any cOn~nt or other action taksn under this ~rticle IX, the County shall furnish to the Trustee a Certificate of an AuLhorized Officer Qf the County, upon which ~he Trustee may rely, describing all Bonds so ho be excluded. date and preset=etlon of such Bond, the Trustee shall ~k~ke ~uitable notation as to such action on such Bond er upon any Bond issued upon any such {ransfer or exchange. If the County or the Trustee shall so determine,.new Bonds mcdlfied to conform to such action in the opinion of the Trustee and th~ County shall be prepared~ executed and d~livered, and upon demand of the ~older of an~ Bond Outstanding ~hall be exchanged, without ¢©~t te such Bondholder, upon surrender o~ such Outstanding Bond. ARTICLE X D~EAULTS AND P~MEDIES SECT/ON 10.1. Events of Default. Each of the following events is hereby declared an "Event of D~fault"= (s) failure to make payment o~ the principal or Redemption Price, if any, of any Bond when and as =he sams shall ~acoms due, whether at maturity or upon call for redemption or otherwise; or (b) failure to make payment of any installment of interest On any of tbs ~o~ds when a~d as the same shall become dne~ or (c] failure or refusal by the county to comply with the %h~ per£ormance or observance of any of the oove~%ants~ agreements or conditions un its part contained herein, in any Supplemental Resolution ©x in the Bonds (other than a failure Or refuual constituting an Event of Default under subsection (a) or (b) of ithie Section 10.1) and the continuance of such failure, refusal !ur default for a period of forty-five (45) days after written inotice thereof by the Trustee or the Holders of not l~se than twenty-five percent {25%) in principal amount of the Outstnnding ~en~s; ~, bp%ever, that the £ailure or refusal by the 2ounty to comply wi%h'"~he provisions of this Bond Resolution, or ~efsult by the County in the perfc~anc~ er observance of any of ~he covenants, agreements or conditions on its part contained ~erein, in any ~upplemental Re~olutioD or ~n the ~onds (other ~han a failure er refusal constituting an Event of Default under ~n Event of Default if, prlor to or within Su=h forty-five (45} ~ppropriate action in good faith to ~n~e ~uch violation or failure and shall diligently prosecute much action co comDletion, ~hall extend beyond much forty-five (45) day period; and provided 5o Section ?.~(d} and shall, a~tur thc filin~ with the Trustee cf {a) Upon the happening and continuance of any E~eDt of )efault speci£ied in sub~ectlon (~) and (b~ of section i0.1 the ~ny =vent e£ Default specifie~ in subsection {c~ of Section i0.1 ~olders of not less than twenty-five percent (25%) in Drincipal ~ubject to the provisions of section 11.3 to profoot and enforce {i) by maud~mys or other suit, actS.un or pzoc~ding ~t l~w )r i~ eqnlty~ to enforce all ri~h~s of 't~%~ Bondholders, including 85-532 adequate to enable the County to carry out any of tko covenants ~rescribed by law; (2) (3) Holders by bringin~ ~nik upon th* Bonds; by action or suit in equity, as if it were the trustee of an expr~ trust for the of the (4) by action ~ suit in equity, to enjoin any acts nr ~hings whioh may ~e unlawful or in violation o~ the rights of the Bolder~ cf the Bonds; or (5) by decla~in~ ~1I Bonds due and payable, and if all ~efeu~ts shall be cured, then, With th~written consen~ of the ~olders of not le~ that twenty-five percent (2~%) in principal amount of the Outstanding Bondm~ by annulling such declaration ~he rate of. interest ~ps¢ified in such ~end~, to,ether with any Iineluding without li~itat£on pre-trial, trial and appellate ~urpose, in any m~nner provided by law~ thc moneys a~judged or >roce~ding~ to enforce the rights of tho ~on~holders un~r this (dl Except upon the oCcUrrence and during ~he continuance Event of befaul~ hereunder, the County hereby expressly :e~erve~ aBd rekains the privil~ge to receive and, subject ~o the and provisions of tkie Bond Reeolutien~ to keep or dispose claim~ b~inq suit upon or otherwise ezer¢ise, enforce or :ealize upon its xig~ts and inter,at in and to the SyStem and the khe ex~rcise of any $~¢h privilege, claim or suit. SECTIOM 10.3. P~iori~y of Payment~__A~cr Default. (a) In ntere~t th~n ~ue on the Bonds, such funds (other than funds for pay~en~ Of particula~ Sonde which have ther~tofere become due m&k~rit~) and any other amounts rec~i~ed or collected by the !tuftee acting pursuant ~o this A~ticle X, &ftar makin~ provision ~h~ palrmmnt of the charg~ and e×pense~ asd liabilities 85-533 their respective duties under this Bond Resolution, shall be applied as follows: (1) Unless the 9rinoipal of all of the Bonds shall have become Or have b~un declared due and payable: FIRST: To the payment to the p~rsons entitled thereto Of all installments of interest then due in the order of the maturity of such installments, and, if the amounts available ~hall not be suf£1eient to pay in full any installment, then to tbs payment thereof ratably, according tO the amounts due on such installment, to the per~ons entitled thereto, without any dlscrimlnatlsn or preference~ SECOMD~ To the Daymeet =c p~reons entitled ~hereto of the ~npaid~cipal or Redemption Price of any Fonds which shall kava become due and, if thc a~eounts available sh~ll not b~ sufficient to pay in ~ull all the Bondm du~, then to the payment thereof ratabl~, a¢cerdin~ to the amounts of principal or Redemption P~ioe due cn such dat~, to the persons entitled thmr~to, wlthou~ any discrimination or preference; and T~IRD~ TO he held for the payment ~c tho persona entitled ~thereto, as %he ~ame shall become due, of th~ principal or Redemption Price Q~ and inter.st on the Bondu which ~ay -hereafter besom= d~e and, it the amounts available shall not be ~uffieient =o pay im full all She ~on~s due on any date, to~ether ~£th such interest; payment shall he made ratably ~¢cording tc :he amount of principal due on such date to tho per~ons entitled ~hereto, without a~y discrimination or {2~ I~ the principal of all of the 9ends sh~ll have become )r have been declared due and payable, to the payment of ~rinoipal and interest then due and unpaid upon th~ ~onds without ~ref~r~ce or priority of principal ove~ interest or of interest ~ver ~rincipal, or n~ any iRstall~e~t o~ interest over any ~th~r ~n~tallment of in~ere$t, or of any Bo~d over any other Bond~ ~atab!y, according to the amounts due respectively for principal ~nd ln~eres%, to the persons enti~Ied ~hereto without any ~ntsrest, to the persons entitled t~ereto without any iiscriminatlcn or preference except es to any di~crence in the ~pplioation and the likelihood of ~dditional money becoming ~vailable for such application in th~ future. The setting aside ~iability whatsoever to the County~ to any Bondholder or to any :he Trustee acta with reasonable diligence, ha~ing due regard for ¢ith such pro~isiens of thio Bond Resolution a~ may %e applicable ~hall exercise such discretion ~ ~pplying such ~oneys, it shall ~ix the date (which shall be an tntemest Payment Bate unless ~rustPe shall deem another date more suitable) upon which such ~pplicaticn is to be made. The Tfu~te~ ~hal~ not be required :encellaCion i~ fully S~CTION 10.4. Termkna~tion o__f Proceedings. In case any ~ight~ hereunder, respectively, ~n~'all ~igllt~ remedies, 85-534 and dut£es o~ the T~ustms ~hall continue a~ thodgh no p~ce~ding had been taken. SECTION 10.5. Bondholder's Direction of Proceedings. AnYthing in this Bond Resoiution to the contrary notwithstanding, the Holders cf th~ majority in principal amount of tho bonds Outstanding shall have the right~ by an instrument or concurrent instruments in writing ~xecnted and delivered to the Trustee~ to direct the method of conducting all remedial proceedings to be taken by the Trustee hmreun~er, ~ovided that such direction shall not be otherwise than in accordance with law or the provisions of this Bond Resolution, an~ that the Trustee 5hall have the right to decline to fellow a direction which, in the opinion of ~he Truste~, wout~ be unjustly prejudicial to Bondholders not parties to such direction. SECTION 10.6. Limitation on Ri~h~s of BR~.~91ders. (a} No Holder of any Bond shall have any right to institute any suit, notion, mandamus o~ cth~r proceeding in equity or at law hereunder, for the protection er enforcement ~f any right under this Bond Resolution unle~ such Holder ~hal% have given to the ~hall haue accrued, an~ shall have afforded the Trustee ca neglected to comply with such requeEt within a reasonable by his or their action to affect, dinturb or prejudice security of this ~ond Resolution, or to enforce any right proceedings at law or in equity shall be immtituted, had and maintained in the manner herein provided and for the benefit Article X shall affect Or impair the right of any Bondholder to en~orGe the p~yme~ of the principal of and interest on hi~ (b) Anything to the conurary notwlthstanding contained in to have agreed that any court in its discretion may require, in agains~ %he Trustee for any action takeu or omitted by it as TruStee, ~h~ filing by any party litigant i~ such suit of an pa~ty litigant; ~ut the previsions u~ ~his Section 10,6 shall not instituted by any Bondholder u~ group of Bondholders holdi~ at lea~h tw%nty-five pe~ent (~$%) in, principal amoun~ of the Bonds 85-535 SECTION 10.7, Possession of Bonds by Trustees Not Requ~ed. All ri~hte of action under this Bond Re~olution or under any the Bonds, enforceable by the Trustee, may be enforced by it without the possession of any Of the Bonds or the production thsre0f at the trial or other proceeding relative thereto, and eha~l be brought in its name for the bensfi5 of all the Holders of such Bondm, subject to the provisions of tbie ~ond Resolution. the Bonds is intended to be exclusive of any c:her remedy or shall be in addition to any other remedy given hereunder or new or hereafter existing at law or in equity Or by statute. ~ECTION 10.9. Ne Waiver ef Default. NO delay or emis~ion of the Trustee or of an~ Holder of the ~onds te exercise any given ~y ~his ~opd Besolution to the Trustee and the Holder of as O£ten as may be deemed SECTION IQ.iQ. Notius Qf ~vent of Default. The Trustee hereunder known bQ the Trustee within ninety (90) days afte~ ~ctual knowledge of the occurrenc~ thereof, unless ~uch Event of Default skull have been r~medied ur cured before the givin9 of such notice; provided that, except in the case of default in the payment of the principal or Redemption Price of or interes~ on any o~ the Bonda~ or in the making of any payment required to be ma~e into the Debt Service Fund, the Trustee shall hs protected in wit~heldinq such notice if and se long as the board of directors, or responsible officers of ~he Trustee in good faith determines that the withholding o~ such notice is in the interest O£ the Bondholders. Each suck no%ice of an ~vent of Default shall be given by the Treetee by mailing written notio~ County maintained by the Registf~u led (ii) to such other persons ss is required by law. SZCTION 11.I. The Trust. ~y its ~art~f~sete cf acceptance ~elivered to the County ~n tk~ date of first delivery of the ~cnds ~ssued under this ~ond Resolution the Trustee agrees to %cid in trust, for the benefit of the Bolders from tim~ to time 5f' the Bonds, all property conveyed or delivered to it unde~ thi~ ~ond Resolu~ion and all Funds and Accounts and the moneys or £nvestment securities held therein, sn~ to sot as Payin~ A~%nt ~nd Re~istrer for the 1985 Bonds. SECTION 11.2. Responsibility of the Trustee. The ~t~temeDt$ of fact herein and in the Bond~ contai~e4 shall be ~ssume any responsibility for the correctnes;s of the same. The ~rubtee makes no representations as ~o the validity Or ]~f~ieiency of zhis Bond Resolution or of any Bends hereeBder Or iD respect of the security afforded by this Bond Resolution, and ~h~ Trustee shall not incur any responsihility in ~bereof. The T~u~tee shall not be under ~gy responsibility or Ruby with re~pect to the issuance of the Eond~ for value or the ~pplication of the proceeds thereof or the application of any ~oneys paid ~o the County. The Trustee ~ha21 not be under any ~bligetJ.on or duty to perform any act which would i~volv~ it in =xpen~s or liability Or to i~stituue Or defend an~ suit in haken er ~uf£e~ by i~ heraunder ~n good faith and in accordance ~slraDla %hat a m~ter ~e prov~d or e~tablished prior to takiDg ~spec~ thereof be ~rein sp~ci~icaIly pres~rib~dl may be deemed ~ liable tc ~h~ County, the ~older$ ~f zny of the Bonds or any ~y the Trustee in r~liance upon any in~rhcti~n, direction or ~ressly provided herein, any request, Order, notLce or other ~ lien therefor on any and all Funds ox Ascou~:ts at any time held ~y it under this Rend Resolution. ~ay become ~he Holder o£ any ~onds, with the same rights it woDld ,ny such committee shall represant the Holders of a majority in ~ny time re~igu and Ds dischar~ad of the duties and obligations [6Q} days' writ=an notice to the County and p~bliuhing notice ~rovided in S~ction I!.8, J.n which avant such resiqnation shall lake place immediately on th~ appQJ, nt%~ent ~£ such succe~or. SECTION 11.7. Removal of Trustee. The Trustee shall be removed by the County if at any time so requested by an instrument or concurrent instruments in writin~ filed with the ?ruste~ and the county and signed by the ~older~ of a majority in principal amount of the Sends Outstanding or their duly authorized attorney, e×clud~ng any ~onds held by Or for the account of tko County. The County may remove the Trustee at any time, e~oept during the existence of an Event of ~fault, for such cause as shall he determined in the mole discretion of tko County by filing witk the Trustee an instrument Authorized Officer o~ the County. SECTION ti.8. A~cint~ent of ease at any time the Trustee sAall resign or shall be removed or shall become incapable of a~ting, or shall be adjudged a bankrupt or insolvent, or if a.receiver, liquidator or conservator of the Trustee or of its property shall be appointed, or if any public officer shall take charge or control of the Trustee or of its property or affair~, the County covenants and agrees that it will thereupon appoint a successor Trustee. The County sh~ll publish notice of any such appointment in Authorized ~ewspapers, such appointment. (b) If in a p~oper case no this Section ]1.8 within forty-five (45) day~ after the TruEtmm shall bare giue~ to the County written notice, as provided in Section 11.6, or after a vacancy in the office of the Trustee Trustee or the ~older of any Bond may apply to any court of (c) Any Trustee appointed under the provisions of this of a trust company within or outside t~e State, having capital, surplus and undivided profits aggregating at least $95,000,000 if association willing and able to accept the office on reasonable dutle~ impo~d upon it by this Bond ~esolution. SECTION 11.9~ ~ansfer of Rights and Property to Successor Resolution shall execute, aQknowl~dge an~ deliver ~a its without any further act, deed or convey&neet shall become fully successor Tr~:t.,.~c, execute, acknowledge and dali~er such herein se~ forth, ~hould an~ deed, conveyance or instrument in writin~ from the County he requir~d b~ such 'successor Trustee for more fully amd certainly vesting in and con%irming to suck effectively, ss of the ~ignatio~ or re,oval of tko Trustee, such SECTI0~ il.10. Merger or Consolidation. Any company into wbish the Trustee may be merged or converted cr with which it may be consolidated or any company resulting from any merger, conversion Or consolidation to which it shall be a party Or any company to which the Trusta~ may sell Or transfer all or substantially ail of its corporate trustee business, provided such company shall be a trust company o~ bank which is q~lified to be a snccessor to the Trustee under ~estion 11.8 and shall be authorized by law to perform all the duties imposed upon it by this Bond Re~clution, shall be the successor to the Trustee without the execution er filing of any paper or th~ performanoe of any further act, anything herein to the eontrar~ notwithstanding. SBCT~O~ ll.1]. A~ointmen~ of Paying ~g~nt. The Trustee is hereby appointed Paying ~gen~ fur the 1985 Bonds, The Trustee ~y~ wi~h ~he consent of the County,.appoint one or more additional Paying Agents for each Series of Bonds to perform a~y of the obligatisns and duties of the Trustee hereunder by a written instrument executed by the Baying Agent and th~ Trustee under which such Paying A~ent shall signify its acceptance of =he respect of each Series of ~onds ~or which it is appo±nt,d P~ying Agent and any eddltiunal duties or obligations imposed upon it by agreement and shall agree, Derticularly: {a) te held all sums held by it for th~ payment of the principal of or interest on Bonds in trust for the benefit of the Solders of Suck Bo~ds until such sum~ shall b% paid tc ~olders of such Bonds or otherwis~ ~i$posed Of as h~rein ~rovided; (b) to keep such books and records as shall be consistent ~ith prudent industry practice, to make such ~ooks and record9 ~vail~ble for inspection by the County, and the Trustee and ~h~ lc) upon the request of the T~ustee, to Eorthwith Oeliver to the Truste~ all sums so held in trust by the Baying Agent. S~CTiON I1.12. Qualif~catlons of Pa¥in~ A~ent. Any Baying ~gent (other than the Trustee] Bhatl be a corporation er banking ~szociation duly organized under the laws of the United States %merits or any state or territory thereof~ having a combined :spiral stock, surplus and undivided profits of at least ~50~OOO~OOO and authorized by law to p~rfo~m all the du~ies ~mposed upon it by ~hia Bund ReSolution. $~CTIO~ 11.13. Evidence of S~gnatures of Bendhold~r~ )wnership of Bonds, {a) Any r~ques~, consent or other Lnstru~en~ which =his Bond R~solution may ~eqUire or permit to be ~igned and executed by ~he Dendhold~rs may be in one or more Lnstrumants of ~imilar tenor, and ~hall be sign~ or executed by ~uch Bondholders in person or by their duly authorized attorneys, Lnstrument appoLn~ing any such attorney, shall be sufficien~ thy purpose of thi~ Bond ResolutiQD (eXC~pU a~ o~herwise herein ~xpfes$1y pruvidedl if ma~ in the ~anner set forth in subsection (bi of this Suction 11.13, ~ut the Trustee may nevertheless k=s sole discretion r~quire further or other proof in any cas~ ~here it deems the s~ deslrabl~. (b) The fact and date of the executlo~ by any BondhOlder or ~ich need not be acknowledged o~ verified~ of an 0fidcor of a ~ank or trust company, financial institutiOD or other member of :he Ne=ions! Association of securities Dealers, Inc. satisfactory mthorized %o take aoknowledgmentm of deeds to be recorded in ~tate in which he purport~ to ~0% theft the per,on si~ning 9~ch ~hereof, or by an sff~avit Qf a witne~ of such e~ecution, duly ~5-529 swoxn to before such notary public er other o~i~r. The authority of ~ha person or perseus executing any such instrument ~n behalf of a corporate Bondheld~r may be established without further proof if such ~netrument is signed by a person purporting to be the presiden% or vice president of such corporation with a corporate seal affixed and attested by a person purporting to be its ~ecretary or an a~uistant secretary. {e) The ownership of Bonds and the amount, n~mbers and other identification, and date of holding the ~ame shall be proved by the books o~ registry of the County maintained by the ~e~istrar. (dp Any request, consent er vote of the Holder of any Bend shall bind all ~uture Molders of such Bond in respect of anything ~one or suffered to be done by the County and any Bondholder and their agents and their r~presentatives, any of whom may make ~opies thereof. SECTION 11.14~ Appointment of Registrar. The Trustee may, · e~is~rars ~o per~orm any ef the obligations and duties of the ~d~itienal ~egist~ar and the Trustee under which such additional obligations imposed eden it by this Bond Resolution and any ~dditional dnti~ or obligations impcee~ upon it by agreement. ARTICL~ SECTION ]2.1. Defeasance. (ap ~f the County ~hall p~y or :cuss to be paid ~o the Nolder~ O~ the Bonds the principal and ~tipulated therein and in this Bond Re~olution, then the pledge )f any Revenues, payments made by the County in satisfaction of ~o~enants ~entalo~d herein and other moneys, s~curities and funds ~ereby pledged and all other rights granted hereby shall be ~ischarged an~ ~atisfied. In such event~ the Trustee shall, upon :he request of the County, e×~cute and deliver to the County all Lns~ruments as lsay be desirable to e~idenc~ such discharge and ~atisfaetiom and shall pay over or deliver to the County all ~oneys er securities held by the Truste~ pursuant tO this Bond ~solution which are not required for the payment ef Bonds. If :he County shall pay or cause to be paid, or tber~ shell >th~rwise be paid, to the ~eldurs of all Outetandin9 Bends of a }articular Series the principal and in~erest due or to become due ~hereon, at fha times and in the manner stipulated therein and in :his Bond Re~olution~ then suob Bonds mhal~ cease to ba entitled ~o spy lien, benefit or security hereunde~ and all covenants, ~gr~ements and obligations of the County to the Holders of )ends shall uhsreupen cease, terminate and become void ~ischarged and satisfied. {bp Bonds or interest installments for the payment of which ~eneys shall have been set aside and held in trust by the Trustee [through d~posit by the C0un~y of funds for ~uch paymen~ or :therwise) shall, at ~he maturity thereo~, ~e deemed to have been ~a~d within the meaning sad with the 'effect expressed in :ubseofion (aP ef this Section 12.t. All Bonds shall, prior to ~he maturity or ~edemption Date thereof, he <~.~m~d to have been ~eid within the ~eaning and with the effect expressed in ubsectioa (aP of this Sec=ion 12.1 if (i) in case any of such ond~ are to be redeemed on any da~e priox to their maturity, the 0u~ty shal~ hays 9ivan to the Trustee, in form zatisfactcry to -, zrrevocable lnstruct~ons tO g~ve notice Of redemptzon of such nnd~ on such date as Dro~dcd in Art~.cle Vi, (ii) there shall ~ve been deposited with the Trustee either moneys in an amount ~ioh shall be sullicient, or ~nvestment $~curities 'the principal ~ and the interest on which when due will provide moneys which, Dgethcr with the moneys, if any~ ~eposited with the Trnstee at 85-540 the same time, shall be sufficient to pay when due the principal or Redemption Price, if any, of any inter~t due and to bscome du~ on ~uch Bond~ on ~n~ prior to the Redemption Date Or maturity date thereof, as the case ~ay be, or a combination of such moneys and Investment $~curlties, and (iii) in the event such Bonds are not by their terms subject to redemption within the next ~uoceeding sixty (60) days, She County shall have given the Trustee, in form satimfactory to it, irrevooabl9 instr~ctiuns to publish, as soon as practicable, at least twice at an interval of not less that seven {7) days between publications, in Authorized newspapers a notice to ~he Holders of such Bonds that the deposit required by ~ii) abov~ has been pa~d in accordance with this Section 11.1 and stating suck maturity or Redemption Date ~pon which moneys are to be availat]e for ~he payment of the principal er Bedemption ~rice, if any, of and interest On such Bonds; but any cash received from such principal uf or inter,st pay~%ents on such Investment Securities deposited with the True=ce, if not then needed for such purpose, shall, to the mxten~ practicabls, be reinvested in In, es=meet maturing at times and in amuunt sufficient to pay ~hen due the principal or R~demp=ion Price, if any, of the inter,st to b~come due ~n such Aond~ on and prior to such ~a~urity date =hereof, as %he case Bay b~, and ~=erest earned from such reinvestments shall be paid Over to the County, as r~c~ived by th~ Trustee, ~ree and clear of an~ trust, lien er ptedpe. For the purpose of this section 12.1~ investment Recuritie~ m~ans and includes only of Investment Securities herein. {c) if, ~hrou~h the deposit e~ moneys by ~h~ County Qr otherwise, the Trustee shall hold, pursuant to this Bond ;Resolution, moneys sufficient to pay the principal of and lin=crest ts maturity on all Outstanding Bonds, Or in the case of Bonds in respect of which the County shall have ~aken all action necessary to redeem prior to maturity, sufficient =o pay the Rsdemptian Price and interest to SUch Redemption Ds=e, then at the request of the County all moneys held by the Trustee, shall be held by th~ Trustee for the payment of Outstanding Bonds. (d) Anything in this BOnd Resolution ~o the contrary nc=withstanding, any moneys held by the Trustee in trnst for the payment and discharge or any of the Bonds which remain unclaimed for Six {6) y~ars after the date when all of the Bonds become due and payable, either at their stated maturity dates or by call for earlier redempbiun, i~ such moneys were held by the Trustee at such date, or for six {6} years after th~ ~ate of deposit of such moneys if deposi~e~ with the Trustee after bh~ date when all ~f the Bonds b~tO:n~ du~ and payable, shall, at the written r~qusst of the County, be repaid by the Trustee to the County, as ab~o],ute property of the County an~ ~ree from and the Trustee shall thereupon be r~leased and discharged; except that before being required to make any such payment Co County, the Trustee Shal~., at =he expense of the County~ cause to be published at least twice, a% an interval of not lsss than ~even (7) days between publicati©ns~ in Autho=ized N~wspapers, notic~ that such moneys r~m~£~ ~I~claima~ and =hat, after a da~e named in such notice, which date sh~l! be not le~ than ten (10) nor mare than twenty (20} days a~=ar the date of the first publication ~f such notice, the balance of such m©~ys ~hsn unclaimed shall be returned to =he County. ARTICLE XIII' MI£CELLA~]EOUS PROVISIONS SECTION 13_t. No Recourse Under Bond Resolution or On Bonds. All covenants, stipule=ions, promises, agreements ~Jd obiigationm of the County contained in this Bond Sesolution shall be deemed to be the ¢ove~ents~ etipu].atJon~, pTcmises, agreements and obliqationa cf the County and not of az~y officer, director or employee of the County in his individual capacity, and nO recourse ~hall be had for the pa~,e~t of tt~e principal cf or $5-541 Bond Resolution against any offlosr, director Or employee of the SECTION ]3.2. Repeal or Conflictin9 ~esolutios.~ and proceedings of th~ County in conflict herewith be and the ~ane are repealed to the s×tent of such oo~ftict. SECTION 13.3. Effectivsne~ of Bond Resolution. Th~s ~ond Resolution shall be ef£eo~ive from and after the adoption hereof by the Board. On motion of the Board, the following resolution was adopted~ FIRST SUPPLEMENTAL BOND RESOLUTION AUTHORIZING AND PROVIDIN~ rO~ TH= ISSUANCE, BALE A/~D DELIVeRy OF $2Q,000,0~0 AGGREGATE PRINCIPAL AMOUNT OF WATER AND SE~R REVENU~ DOND$, $~RI~$ 1985A, DATED AS OF AUGUST i, 1985, OF THE COUNTY 05' CHESTERFIELD ARTICLE I SECTION 1.1, Definitions. Unless ~he context shall clearly indicate some other meaning, all the words and terms used in this First suDplem~ntal Bond Resolution which are defined in Article I cf the Bond Resolution ~hall, for ~he purposes of this Fir~t Supplemental Bond Resolution, ha~e the respective meaning~ g~ven tc them in th~ Bond Resolution. Unless ths context shall clearly indicats some other meaning, the following terms shall, for all purposes of the Bond Resolution and of any certificate, re~olution or other instrument amendatory thereof oz supplemsntal thereto (includin9 ior all ipurposes of this First Supplemental Bond Resolution) and for all ~urposss of any opinion or instrument or other document therein mentioned, hav~ the following meanings, wi=h the followin9 deZinitiens to ~e equally applicable to both tho singular an~ "Authority" shell mean the Virginia Resources AuthorLty, a .ublie body corporate and political subdivision of ~he ~oK~onwe~lth of Virginia. '~Bond Resolution" shall mean the resolution adopted by the "First Sq~plemental Bon~ Ee~olution" Shall mean this Pirst dated as of August 1, 1985~ by and between the Authority and the "~9~ %greement" shall m~un the Loan Agreement, da~d as of substantially in 'the form at~ached hereto aS Exhibit C. 85-542 for water and sewe~ pufpose~ which ~r¢ tc bc oatstanding cn the ~ate of delivery of and payment for the 1985A "~e~_U~d!~ ~rustee Ag~e~_~%s# sh~ll mean the Re~undin~ ~rust Agreements, dated as of August ~, 1985, by and between the 2oun~y and the Trustee, as Escrow Agent thereunder, substantially in the forms attached hereto as Exhibit D-1 (which form of Refundin9 Trust Aprcement attached hereto as Exhibit D-1 for the refunding and defeasance of the 1962 S~wer Bonds, the 1964 Sewer Bnn~s, the 1967 Sewer Bonds, the 1973 Se~er Bonds, the 1962 Water BOnds and the 1968 Water Bonds) and ~xhlblt D-2 (which form o~ Refundin9 Trust A~reement attached hereto as Exhibit D-~ provides for the refunding and defeasance of the 1980 Sewer Bond~ and the ]979 Water Bonds). '~1955A Bonds" shall mean the Bonds authorized in Section 2.1 of this First Supplemental Bond Resolution and i~aed under the Bond ResOlution and this First Supplemental Bond Eesolution at any ~imu Out,tending. Obligation Sewer Bonds, dated Decsmher 1, 1962, which are to be o~t~tandlnq on the date of d~liv~ry Of and payment for ~he 19~5A Bonds in the principal amount of "1964 Sewer Bonds" ahalt ~e~n the ~onnty~s General Obligation Sewer Bonds, dated March l, 1964, which are tO be o~tstand~n~ On the date of delivery o~ and payment for the 198~A Bonds in the principal amount of $2,000,000. "1967 Smwer Bonds" shall mean the County's Ceneral obligation sewer ~onds, dated March 1, 1967, which ars to be outstanding on the date of delivery of and payment for the 1985k Bonds in the principal amount of $5,650,0~0_ "1973 Sewer Bonds" shall mean the County's General Obligation Sewer Bends, dated August 1, 197~, which are to be outstanding on the date cf delivery of and payment for the 1985A Bonds in the principal amount of $17,300,000. "1980 Sewer Bonds'~ shall mean the County's General 0blig~ion Sewer Bond~, da~sd January 1, 1980, which are to bm outstanding on the date of delivery of and payment for the Bonds il) the principal amount of $3,759,000~ "1962 Water Bonds" shall ~ean ~he Ccnnty~s Water Revenue ~efunding Bonds, dated April 1, 1~62~ and W~ter Revenue Bunds, dated April 1, 1962, which are to be outstanding on the date of amount of S805,000. "1968 Water Ronda" si%all mean the County's Water Bondn, dated April 1, 1968, which are to be outstanding on the d~te of delivery of and pa~m~nt for the ]985A Bonds in the principal amount O~ $75U,000. "1979 Water Bonds" shall mean the County's Water Revenue Bonds, ~e~ ~-~ 1979, dated March 1, 1979, which are ~0 be outstanding on the date of delivery of and payment ~or the 1985A Bonds in the principal amount of unless the ¢onte~t shall clearly indicate o~herwise or otherwise require Ii) All re~efences in this First Supplemental Bond R~solution ~o the Bond Reso!u~ion (without s~e¢ifying in such references any particular article or section of the Bond Resolution) shs]l be to the Bond Rssoluticn as amended and supplemented; (ii) all references by number in this Eirst Supple~es~al B~nd Resolution ~o a parting)ar article or s~otic~ of the Bond Resolution shall be to the article or sections of that numbe~ of the BORd Reso]~tio~ and if such article or section shall have been amended or supplemente~, to ~uch article or section as sc amended and supplemuntud; and {iii) all referasc~ by number in this' ~irs~ ~upRle.~entat ~ond Resol~tion t¢a particular ~rticle or section of th~ Firs~Ruppl~muntal 85-S43 of this First Supplemental Bond Resolution. "hereunder", and other words of similar import, refer to this First Supplemental Bond Re~olution only and to this First SECTION 2.]. Authorization e~ 1985A Bonds. (a) ~er the ~urposes of provi&in9 £un~s (i) for the depusit to tho Capitul credit to the Capital ~e~erv~ gubacoount of the County th~ a~ount wkth the proviuionS of the Indenture of Trust~ (Jill for deposit co~t of refunding and defeamin~ the Refunded Bond~ (iv~ fog portion of the Cost of Construction of %he 1985 Expansion, there Supplemental Bond Resolution, a series of Bonds in the aggregate principal ~mount of Twenty Million Dollar~ ($20,000,Q00) to be Revenue Bonds, Series 198~A" (herein defiue~ and referred to as i~sued in fully registered form; shall be in the denomination of lettered, or both, es sh~ll be determined by the Trustee, which I985A Bond~ sha~l be exckangeable for othex ~995A Bon~s in fully (c} The 1985A Bonds shall hear interest from the date of set forth in the ~chedule below, payable on November 1, 1985 end semiannually on each November 1, and May 1 thereafter. The 1985A each of the years and in the prineip~] i~!o~nts, and shall bear Year of Principal Amount Inter,st 19~9 $ 376,800 6.25% 199~ 4~0~0P§ 7.40 1994 51~,~00 7.~Q 1995 55g) 0~6 . 7.80 85-54~ 1996 1997 1998 1999 2000 2003 595,000 8.06 645~000 B.20 695,000 8,30 755~000 8.40 820,000 8.50 2tPO0~000 8.75 10,420,000 8.75 In erde~ to provide for the puyment of the principal of and interest en the 1985A Bends on each Principal Payment Date and on each Intprest Payment Date during which the 1985A Bond~ are held by or on behalf ef or in the name of the Authority, the Trustee shall deliver to the Autherity's Trustee on the ~ifth (5th) calendar day next preceding each such Principal Payment Date an~ each such interest Payment Date~ a check in next day fund~, for the amount e~ the principal e~ and interest en t985A Bond~ payable on such ~rin¢ipal Payment Date or such Interest ~ayment ~ate. (e) The T~ustee i~ hereby'appointed aS the Registrar and Th~ I985A B~nds ma~u~-5~'or b~ora November 1, t995 sh~ll be redeemable prior to their s~ate~ ma=uritie~. (b) (i) The 1985A Bends maturing en November 1, ~003 iPay~eut$ mad~ in accordance with the provisions of the Bo~d redemption p!iue equal to the principal ameunt r~de~med, together with th~ interest ~¢crued on ~uch principal amount to the date fixed for redemption: Year Principal Amount 2001 $ 885~D00 2002 965?000 2003 1,0~0,000 (ii) Th~ 1985A Bonds maturing on November 1, ~016 mh~ll be subject to mandatory sinking fund redemption from Sinking Fund ~ayments made in accordance with the provisions of the Resolution and to payment at mmturity cn November 1 in each ef the years and, in the principal smellers met forth below, at a ~edemption price equal to the principal amount redeemed, together with the interest accrued on such principal amount to the dat~ fixed fur redemption: Year Principal Amount 2004 $ 1~140,000 200~ 1,240,000 2906 1,350~800 2007 1,470,00~ 2008 1,595~00~ 2009 1,735,000 (c} The 19~5A Bonds maturing on NoYember 1, 1996 ~n~ thereafter (including ~9~5A Bonde mat~Jring on November t~ ~nd Nevember ~, 20t0), shall be gubjec~ ~c redemption prior to their stated maturities, at the optio~ of 'th~ County, from moneys on deposit in %he Redemption Fu~d created~ and established by ~he Bond Resolution or from other available moneys of the County~ on and a~ter November 1, 1~95~ as a whole at any time, or in part ~zom time to time on any interest payment date in such order as the County may determine, ar the respective redemption prices (expressed as a percentage of the principal amouut Po be redeemed] Set fornh below if ~uch redemption xs made from ~0neys other than mQney~ require~ by s~sec~ion (b) of %his Section 2.2, toqether with the interest accrued on such principal (Both Bat~ Inclusive) ivember 1, 1995 through October 31, 1996 November 1, 1997 through October 31, 1998 November 1, 1998 through OCtober 31, 1999 November I, 1999 through and %kere~ter Pri0e 102% 101 101% 100 190% be given in accordance with the provisions of Section 6.5 of the Bond be redeemed~ ~he Bonds Of such ~aturity to be rsdeemed ~hstl be Selected as provided in Section 6.4 of the Bond Reselutlon. (iii) ~ny r~d~mptlon of 19~5A ~ond~ shall have the effect as is provided in Section 6.6 of the BO~d ResOlutzOn, SECTION 2.3. Sale o~ 1985A Bonds. The sale of the i985A ~onds to ~he Authority for a purchmse price of $19,§~?,900 be and x~ approved. S~CTION 2.4. E~ecution and Form o~ 1985A Bonds. ~a) The 19B5A Bends shall be initially provided in S~ction 5.8(a) of the Bond Resolution, with one 1985A Bond to be issue~ for each maturity set forth in ~et~on ~.1 and registered in the name of the Authority or in such nam~ as tho Authority shall direct. At the request cf the AGthofity~ the 1985A Bond~ as se initially issued may, in accordance with the ,rcvi$1on~ of Section ~rinted form in the denomination of $5,000 eaoh er any integral ~ultiple thereof. The 1985A Bonds ~hall be executed and authenticated in the mannex sn~ with the effect set forth in Sectzon 3.10 of the BOnd Resolution. The 1985A Bonds shall be issuabls in the foz~u, denominations and maturities specified ~n SeCtion ~.1 of this First Supplemental BOnd Re~olution. (b) CUSIP identification numbers moy be prlnted on the 1985A Bonds, bu~ euch numbers ~hall not be deemed to be a part of the 199~A ~oDds or a part of the contract evldenc~d thereby and no liability shall hereafter attach to the County or any ~ the officers or agents thereof because of or cn account of such CUSIP identification numbers. (c) The 1985A Bonds shall be in substantially the form sec ~orth in =xhibit A au~aehe4 hereto. SECTION 2.5. A~roval Qf ?orm o~ Indenture of Trust end Terms~ Conditions and Provisions Thereof. The form of the Yhdenture of Trust presented ~c the meetin~ of the Beard at which this First Supplemental B~nd Resolution ~ being adopted, a copy as ~xhibit B, and th~ terms conditions and.~fovis~ons thereof, to the e~t~nt the same pertain to th~ Counf~ and ~he 198~A Bonds autherised t© he i~ued hereunder, including without limitation the provisions thereof with regard Co the Capital Reserve Subeocount esgablished therein in respect of the t9~5A Bonds, be and are approved. SECTION 2.5. ~Ap~r0val~ of Form of Loan A~re~ment and Tsrms, onditions and Pro~i~ions Thereof; ~xe5%~i~"~ belive~y of Loan meeting e~ the Board at ~ich this First S~pplemental Bon~ Resolution is being ~opted, a copy of which is attached to this First Supplemental Bond Resolution as Exhibit C, and rile terms, conditions and provisions ther,~of, aye h~eby approve~, ratified and confirmed Dy the Board, and ~he Chairman and the Clerk 0~ the Board are hereby autheri~ed and d~rected to execute and d~].iver s~ch changes as shall be approved by the chairman and Clerk of the Board upon advice o£ counsel (inoludlng Bond Counsel), such approval to be conclusively evidenced by their execution thereof. SECTION 2.7, A~reval of Forms of Refuadinq Trust-Aqreement and Terms, Conditions and Provisions Thereof; E~sution and Delivery of Retundinq Trust Agreements. The forms of the Refunding Trust Agreements pre~ented to a~d tiled with the minutes of the meeting of the Board at which this First Supplemental Bond Resolution is being adopted, copies of which are attached to this First Supplemental Bond Resolution as ~xhibit D~i {which form of Refunding Trust Agreement attached hereto as Exhibit D-~ provides for the refundin~ and defeasance of the 1962 sewer Bonds, the 1964 Sewer Bonds, the i~67 sewer Bonds, the ~973 Sewer Bond,, the 1962 Water Bonds and th~ ]968 Wa=er Bonds) and Exhibit D-2 (which form of Refunding Trust Agreement attached h~r~te a~ Exhibit D-2 provides for the refunding and de~easance of the 1980 Sewer Bonds and the 1979 Water Bond~), and the terms, conditions and prOvision~ thereof, ara hereby aDQroved, ratified and confirmed by the Beard, and the shall be apDroved by the chairman and the Clerk of th~ Board open be conclusively evidenced by their execution thereof. SECTION 2.~. A~plication o~ Proceeds of 19SSA ~o~ds. {a) {i) the J~ount of the Required Reserve with respect to =he 1985A Bonds Shall be deposited with the Authority's Tru~t~ in (b) Tbs balancm of the proceeds of ~ale of the I9~5A Bonds, after the deposits and credits provided for in subsection (a) of bslow: Rsfundi.9 Tzus~ Agreements and applied, together with othmr {ii) the balance of the proceeds skall he deposited into ~en Sale of I~tA ~onds.By the Autkorlj~[. (a) In a~cordance ~ith the provisi~ns of Sec=ion 2.8(a) ~i}, the amount of the Re~uired Reserve (as defined in the Indenture of ~r~st) with respect to th~ 1955A Bonds is be~n~ deposite~ with the ~stablished by the In~entur~ of Trust for crsdi= to the C~pital ~equireme~t (as defined in the. Bend Resolution) shall be required ~eaolution shall not be ava~labl~ ~o pay tbm p~inoipal of or interest on ~he 198~A Bonds, It is covenanted and agreed by the 8£-5~7 ~e available.tc pay the principal of and interest On any other ~0nds issued under the Bond Resolution and further that the Dapital Reserve 8ubaocount ~hall nat be dee~od to be included in ~nd is hereby specifically excluded from the pledge effected by ~ection 5.1 of the Bond Resolution, so long an the 1985A BOnds · re held by er on behalf of the Authority. It is hereby novenanted and &greed by the County that the amount of any ~e£ioiency in the Capital Reserve Sabaeceunt from timo te time shall be replenished in accordance with the provisions of the Uuan Agreement and Section ~.4(b) (vl (b) of the Bond Resolution. In accordance with the provisions of the Indenture of Trust, ~pon any sale by the Authority's Trustee thereunder cf the 1995A Bonds, the moneys the~ en deposit in the Capital ~ubaccount of the County shall b~ transferred to the TrUstee and deposited in the Debt Se=vice Reserve Fund and thereafter the payment of the principal of and interest on the 1985A Bonds ~hall De equally and ratably ~eoured by =he amounts on deposit in the Debt Service R~serYe Fund, which shall b~ required to be maintained in an amount equal to the Debt Service Reserve Requirement for th~ ]9~5A Bonds and all other Bonds from time to tim: Outstanding under the Bend ~eaelution. S~CTIO~ 2.10. Investment Of Funds and Acceunts Under Bond Resolution. In accordance with Section 5.11(~) (i) of the Bond Re~olution, it is hereby provided that al~ income er interest er Account held ~y the Trustee under tbs Bond Resolution due to th~ i~vestment thereof (i) shall be deposited in the Construction Fund for credit to th~ Construction Account %her~in up te the date the Certificate referred to in Section 4~3(h) of the ~ond Resolutio~ w~th r~gard to th~ 1985 ~xp~n~Ion sh~ll ~e ~elivsred and (ii) thereafter shall be deposited in the Re,anne Fund as Revenues of the System. ARTICLE III $~CTI0~ ~,1, First ~u~lem~ntal Bo~d Se~ol~tlcD i~ a "Supplemental Resolution" O~der the Bend Resolution; 1985A Bonds Are "Bonds" Under the ~ond Resolution. (a) This First Supplemental ~ond Resolution i~ entered into pursuant to S~ction 2.4 and Article VIII of the Bond Reselution. This First Supplemental Bond Resolution (1} supplements the Bond Resolution; (2) is hereby feund, determi~led and ~eelared to oun~titute and te be a "Supplemental 5esolution" within the meanin~ of the quoted word~ as defined and used in the Bend Resolution; and (~) is issued punsunnc to and under the authority 0~ the B0~d Resolution, (h) The 1955A Bunds axe hereby foun~, ~etermined and the quoted, words as de£ined and used in the Bond Resolution. The 1985A Bonds shall be entitled to the benefits, security and protection o~ the Bond Re~cluzi~n~ equally and proportions=ely With any other Bonds hereafter ~ssued ~hereunder; shell be payable from the Revenues on a parity with all Bonds hereafter issued under the ~ond Ke$olutio~ ~halt rank ~ari ~a~ with all 0ouds hereafter issued under the Bond Resolution; and shall be squally and ratably secure~ with ~ll ~en~s b~re~fter 15sued under th~ Bond Resolution by a prior and paramouuf lieu and ch~rg~ un the Revenues, without pzierity or distinction by reason of series, number, date, date of sale, date of issuance, date of ux=CUtiOn ~nd suthentioa~io~ or date of delivery; all as is more fully set forth in ~he Bond R~solution, S~CTION 3.2. Publication o~.kc~9~,...~?..~Fe o~ ~optioD of tk~ Bund Resolution an~ the Fir~;t Supplemental Bond Resolution. The Sounty AttOrney be and hereby is autheri~e~ and directed to file copies of the Bond Resolutaon and /]]is First Supplemental Bond Resolution certified Dy ~he Clerk of the Board to Be tru~ and correct copies thereof, with the Circuit Court of the County of Chesterfield, Virginia, and such Clerk bf the ~oard be and hereby is authorized and directed to publish once within ten (10) days of the date of such filing a notice of adoption of the Bond Resolution and this First Supplemental Bond Re~olntion in the Richmond News Leader, a newspaper of general circulation in the County, all in accordance with Section 15.1-199 of the Code of Virginia 1950, as amended. Such notice shall be in substantially the following form: "LEG~_L NOTICE Notice is hereby given pursuant to Section 15.1-199 of the Code of Virginia 1950, as amended, that ths Boa~d of Supervisors of the County of Chesterfield, Virginia, adopted on July 24, 1985 a Bond Resolution and a First Supplemental Bond Resolution authorizing the issuance of $20,000,000 principal amount of Water and Sewer Revenue Bonds, Series 1985A, of such County, for the purpose of providing funds which, together with other available moneys of the County, shall be sufficient to provide for the refunding and defeasance of all general obligation sewer bonds and water revenue bonds of the County to be outstanding on the date of the delivery of such Series 1985A Bonds and to pay a portion of the costs of extensions, additions and capital improvements to, or the renewal and replace~ent of sapital assets of, or installing new equipment for, the County's Water and Sewer System, such Series 1955A Bonds, and all subsequent ~erie~ of bonds to be issued under such Bond Resolution, to be payable solely from, and secured equally and ratably be a lien and charge on, the Revenues derived from the operation of such Water and Sewer System by the County, subject to the prior payment from such Revenues of the ~perating Expenses of the Water and Sewer System. COUNTY OF CHESTERFIELD, VIRGINIA By: Clerk of the Board of Supervisors" SECTION 3.3. Effect of Articl~ and Sectipp Headings and Table of Contents. The headings or titles of articles and !sections hereof, and any fable of contents appended hereto o~ copies hereof, shall be for convenience of reference only and shall not affect the meaning or construction, interpretation or effect of this First Supplemental Bond Reso2ution. · SECTION 3.4. Effectiveness of This First Supplemental Bond Resolution. This First Supplemental Bond Resolution shall be effective from and after the adoption hereof by the Board. Vote; Unanimous On motion of the Board, the Board approved and authorized the Chairman to execute any necessary documents for the water and sewer revenue bonds. Vote: Unanimous 10.J.3.a. CONTRACT FOR ESCROW AGENT, PAYING AND REGISTERING AGENT, AND TRUSTEE SERVICES PeR ~ENER & WATER BONDS On motion of Mr. Dodd, seconded by Mr. Mayes, the Board approved Bank of Virginia Trust Company who suDmitted the low bid and 85~549 © ® demonstrated considerable experiences in this area of financing, to serve as escrow agent, paying and registering agent and trustee for the upcoming sewer and water bond financing. Vote: Unanimous Mr. Ramsey stated that closing on the Virginia Resources Authority sale will be August 15, 1985 and the County sale the Revenue Bonds will August 26~ 1985 with the Board approving action on August 28, 1985. 10.J.4. CONDEMNATION PROCEEDINGS Mr. Daniel stated that there were serious concerns by neighbors regarding proposed condemnation in Ro~k Spring Farms for sewer line easements. He stated they are not certain of the location of the line, etc. Be stated that he would like a meeting arranged between the neighbors, Mr~ Welchons and himself to discuss this matter. 10.J.4.a. PROPERTY OF WILLIE V. AND M3%MIE ~. WILLIAMS On motion of Mr. Daniel, seconded by Mr. Dodd, the Board deferred consideration of condemnation proceedings against Willie V~ and Mamie H. Williams for a sewer easement in Rock Spring Farms until August 14, 1985. Vote: U~animous 10.J.4.b. PROPERTY OF EMMETT L. AND ALICE B. GRUBB On motion of Mr, Daniel, seconded by Mr. Dodd, the Board deferred consideration of condemnation proceedings against Emmett L. and Alice B. Grubb for a sewer easement in Rock Spring Farms until August 14, 1985. 10.J.4.c. PROPERTY OF B. L. AND HATTIE W, WYNN Dn motion of Mr. Daniel, seconded by Mr. Dodd, the Board deferred =onsideration of condemnation proceedings against E. L. and ~attie W. Wynn for a sewer eagemen~ in Rook Spring Farms until ~ugust 14, 1985. 10.J.4.d. PROPERTY OF IRVING F. AND MICKEY L. ANDERSON On motion of Mr. Daniel, seconded by Mr. Dodd, the Board deferred consideration of condemnation proceedings against Irving F. and Mickey L. Anderson for a sewer easement in Rock Spring Farms until August 14, 1985. Vote: Unanimous 10,J.4.e. PROPEKTY OF J/~ES C. AND BA¥[:A!.'a 'L. NELDBR On motion of Mr. Daniel, seconded by Mr. Dodd, the Board deferred consideration of condemnation proceedings against James C. and Barbara L. Nelder for a sewer easement in Rock Spring Farms until August 14, 1985. 10.J.5. CONSENT ITEMS 10.J.5.a. WATER CONTRACT FOR QUEENSPARK 5UBDIVISION~ SECTION A On motion of Mrs. Girone, seconded by Mr. Mayes, the Board approved and authorized the County A~ministrater to execute any necessary documents for the following water contract: Water Contract Number W85-113CD, Queenspark SBbdivi~ion, Section A Developer: Queensmill Co~poration Contractor= IPK Excavating Company, Incorporated Total Contract Cost: $141,734.27 Total Estimated County Cost; $ 25~821.50 (Refund through Connections for Oversized Line) Estimated Developer Cost: $1!5,912.77 Number of Connections: 59 Code: 5E-2511-997 Vote: Unanimous 10.J.5.b. WATER LINE EXTENSION ON HICKS ROAD On motzon of Mrs. Girone, seconded by Mr. Styes, the Board approved and authorized the Utilities Department to design the entire extension and to install the line necessary to serve the nine (9) residents that signed contracts, and that $20,000 is hereby allocated for this project from the 1986 Capital Improvement Budget. Vote; Unanimous Mr. Applegate inquired if the Utilities Department would notify the resid@nts of Hicks Road of this action. Mr. Welchons stated that would be accomplished. 10.J.5.c. EXTENSION OF TIME ON REFUN~ PeR RORiNDALE SUBDIVISION On motion of Mrs. Girone, seconded by Mr. Styes, the Board approved a request ~rom Mr. Charlie B. Beath, on behalf of Bach Corporation, for a one year eMtension of ti~ until July 28, 1986 on refunds due under Contract WS0-70CD for an off-site water line to serve Robinwood Subdivision with the understanding that no further extensions be granted. Vote: Unanimous AGREEMENT WITH VDH&T FO~ UTILITIES ON POWHITE On motion of Mrs. Girone, seconded by Mr. M~yes, the Board approved and authorized thc County Ad~,inistrator to execute any necessary documents for an agreement with the Virginia Department of Highways and Transportation for Adjustment of Utilities on Powhite Parkway, Section TR00-020-1~l,C501, from Midlothian Turnpike to the e×ist~ng toll plaza, subject to approval by the County Attorney. It is noted that the estimated costs are $68,000 ~or water and $35,000 for sewer, and will be paid from CIP funds designated for miscellaneous highway projects at the completioI1 of construction. 10.J.5.e. DEED OF DEDICATION ALONG SPRING RUN ROAD On motion of Mre. Oirons, s~conded by Mr. Mayes, the Board approved and authorized the County Administrator, to accept on behalf of the County, a deed of dedication conveying & 20 ft. 85-551 © ~ide strip of land along Spring Run Road from Charles H. Ve~te Led Jacqueline C. 0amend Vette. rote: Unanimous .0.J.5.f. DE~D OF D~DICATION ALONG COURTHOUSE ROAD In motion of Mrs. Girone, secQDded by Mr. Mayes, the Board ~pproved and authorized the County Administrator to accept, on :ehalf of the County, a deed o~ dedication conveying a 20' strip :f land along Courthouse Road from the Trustees of Stockton ~emorial Baptist Church, Oak Forest Chapel. ~ote: Unanimous L0.J.S.q. DEED OF DEDICATION FOR ROBIOUS CROSSING DRIV~ )n motion of Mrs. Girone, seconded by Mr. Mayes, the Board ~pproved and authorized the County Administrator to accept, on )ehalf of the County, a deed of dedication for Robious Crossing )rive from the Chesterfield County School Board. [0.K. REPORTS 4r. Hedge presented th~ Board with a status report on the G~neral ?und Contingency account and a revised completion schedule for :he General Plan Revisions, a copy of both reports are filed with the papers ~f the Board. AND M. EXECUTIVE SES$IO~ AND LUNCH )n motion of Mrs. Girone, Seconded by Mr. Dodd, the Board went Lnto Executive Session to con~ider legal matters concerning the ~tate Highway and Transportation Commissioner v. Chesterfield ~ounty and to consider a settlement in Buddy $pr~use va. 2hesterfield County pursuant to Section 2.1-344 (a) (6) and (21 cespectively, of the Code of virginia~ 1950, as amended. Unanimous [0.N. TOUR OF COUNTY MUSEUM~ COUNTRYSTORE 2pon returning to the Courthouse complex, the Board was given 9riel ~our of the County Museu~'~ new addition, the Country ~tore, by the Historical Society. ~r. Applegate called the meeting to order and stated that Mrs. ~irone would be presiding over the zoning session per the ~tablished procedures of the Board. k0.o. ILEQ~ESTS FOR MOBILE HOME PERi4ITS ~5S086 ~n Dale Magisterial District, Tanya Merrill requested a Mobile ~ome Permit to park a mobile home on property belonging to Mr. and Mrs. JOhn Overacts, parents of a friend of the applicant. Property fronts the northwest line of Hi'il Road approximately 1,600 feet south of Canasta Drive. TaM Map 65-8 (2) Ampthill Gardens, Section 2, Lots 66 and 67 (Shaet 22). 85-552 © 4r. Pool~ stated this request was deferred from the May 22, 1~85 ~oard meeting to allow staff the time to review the aDplication ~nd discuss the matter with the applicant. He presented the ~oard with a detailed analysis of the request. qr. Nelson Cook, representative of the Virginia Department oi ~ighways and Transportation, was present representing Ms. Merrill ~ho was ill. He introduced M~. Overacre who was also present representing MS. Merrill. He stated the ~ighway Department has ~n interest in this matter in that they required MS. Merrill to relocate because'of road construction at Route 360 and Chippenham Parkway. He stated they have been paying all the expenses incurred in this transaction and have tried to work with the Iounty in having this situation resolved. He stated he would ~ike to see the two governmental bodies working toqether to solve this situation; however, staff has recontmended denial of this request. He stated the Highway Department feels that the permit should be granted in this instance. He stated the taxpayers are the ones who will lose and will pay additional relocation ~xpenses. Me stated they would request approval for a two or three year permit. He ~tated the Highway Department does not feel this trailer would be a detriment to the area, there was no Dpposition and this is a uniqt%e situation. Ms. Overacre stated the trailer is locatsd on her property, MS. Merrill's child needs to attend a special school for her disability and this is a good location for this reason. She stated the trailer is not easily seen. She added that Mr. Cosby and Mr. Harper do not have any objections. She also discussed the location of other mobile homes in the area. Mr. Daniel stated that mobile homes approved in this area within the last several years were renewals of existing mobile home perm/ts and it was pointed out that they may not be renewed again because of the changing land use patterns in the area. He stated this is an unusual case in that this is a rear lot. He presented a letter from ~s. Cosby in favor of the request which also ~xpressed concerns about Kings Forest Subdivision and its standards. Mr. Daniel stated he would recommend approval of this request for a Mobile ~{ome Permit for two years and within that two years it is hoped that a permanent relocation can be worked out for the Merrills. He further Iequested the County Administrator to write to Commissioner Harold King indicating that the approval of the temporary mobile home permit in no way is to be interpreted to relieve the Highws.y Departmsn~ cf their responsibilities to cover all costs incurred with permanently relocating the Merrill family as this is only a temporary situation and the Board is not inferring that this mobile home should be left in this location beyond the two years. He stated thi~ is only a temporary situation since all the utilities are there, etc. Ther~ was no io~position present. On motion of Mr. Daniel, seconded by Mr. Mayas, the Board approved this request for a period of two years subject to the ~ollowing standard conditions: 1. The applicant shall be the owner and occupant of the mobile home. 2. No lot or parcel may be rented or leased for use as a mobile home site, nor shall any mobile home be used for rental property. Only one (1) mobile home shall be permitted to be parked on an individual let or parcel. 3. The minimnm lot size, yard setbacks, r~quired front yard, and other zoning requirements of the applicable zoning district shall be complied with, except that no mobile home shall be located closer than 20 feet to any axisting residence. 85-553 6. ~o additional permanent-type living space may be added onto a mobile home. All mobile homes shall be skirted but shall not be placed on a permanent foundation. 5. Where public (County) water and/or sewer are available, they shall be used. Upon being granted a Mobile ~ome Permit, the applicant shall then obtain the necessary permits from the Office of the Building Official. This shall be done prior to the installation or relocation of the mobile home. Any violation of the above c0nditien$ shall be grounds for revocation of the Mobile Home Permit. ~yes~ Mr. Applegate, Mr. Mayes, Mr. Daniel and Mrs. Girone. ~J0stention: Mr. Dodd because he knows and sold Ms. Overacre her mobile home. 85Sl15 In Dale Magisterial District, Mr. and Mrs, Michael D. Wails requested a Mobile Home Permit on property fronting the north line of Omo Road approximately 2,200 feet west of Iron Bridge Road, and locate in the vicinity of 5701 Omo B~ad. Tax Map 66-1 (2) Ampthill Gardens, Parcel 53 (Sheet 22). Mr. Peele stated staff reco~ended approval of a two year permit rather than fivs years since the area is in transition and the applicant intends to build a home on the site. Mr. Walls was Present. There was nc opposition present. ~r. Daniel stated this is in the same general area as the last case and it has been made quite clear that permits for mobile homes are temporary in this area. ~e inquired if a two year permit would place a hardship on Mr. Wails. Mr. Walls stated that it might. Mr. Daniel stated that if in two years progress is being made on the home and it is not finished, the situation can be reviewed and the Board could reconsider renewal. Mr. Walls stated a two year approval would be acceptable. On motion of Mr. Daniel, ssconded by Mr. Dodd, the Soard approved this request for a two year period subject to the following standard conditions: 1. The applicant shall be the owner and occupant of the mobile home. 2. NO lot or parcel may he rented or leased for use as a mobile home site, nor shall any mobile home be used for rental property. Only one (1) mobile home shall be permitted to be parked on an individual lot or parcel. 3. The minimum lot size, yard setbacks, required front yard, and other zoning requirements of the applicable zoning district shall be complied with, except that no mobile hom~ shall be located clossr than 20 feet to any existing residence. 4. No additional permanent-%ype living sp~ce may be added onto a mobile home. All mobile homes shall be skirted but shall not be placed on a permanent foundation. 5. Where public {County) water and/or sewer are available, they shall be used. 6. Upon being granted s Mobile Home Permit, the applicant shall then obtain the necessary permits from the Office cf the Building Official. ~his sh~3.! be done prior to the installatio~l or relocation of the mobile home. 85~554 7. Any violation 'of' the above conditions shall be grounds for revocation of the Mobile Bome Permit. Vote: Unanimous 10.P. REQUESTS FOR REZONING 89S009 (Amended) In Midlothian Magisterial District, ~OUTHPORT DEVELOPMENT COP~PO~ATION requested resoning from Agricultural (A) to Residential (R-9) of 64.6 acres and to Residential (R-25) of 26.4 acres on a 91 acre parcel lying approximately 870 feet off the north lln~ o~ Midlothian Turnpike, approximately 1,900 feet west of Otterdale Road. Tax Map 14 (1) Part of Parcel 50 (Sheets 1, 5 and 6). Mr. Poole stated the appl%cant has requested a 30 day deferral of this request. There was no opposition present. On motion o£ Mrs. Girone, seconded by Mr. Doad, the Board approved the request for a deferral of this matter until August 28, 1985. Vote: Unanimous 85S070 In Midlothian Magieteriel District, BALFORD I. HAYES requested rezoning from Residential (R-15) to Office Business (O) plus Conditional Use Planned Development to permit bulk exceptions on a 4.2 acre parcel fronting approximately 850 feet on the southwest line of Porest Bill Avenue~ also fronting approximately 140 feet on Choctaw Road, and located in the Southwest quadrant of the intersection of these roads. Tax .Map 10-6 (2) Bon Air Plat, Block 54, Lots 16A, 26B, 26D and 27B (Sheet 3). Mr. Poole stated the applicant had requested a 7 month deferral of this request. There was no opposition present. On motion of Mrs. Girone, seconded by Mr. Applegate, the Board deferred consideration of this request until February 26, 1986. Vote: Unanimous 85S075 In Clover Bill Magisterial District, KENNETH E. TURM~H, JR. requested rezoning from Agricultural {A) to Reeidentlal plus Conditional Use Planned Development to permit use and bulk exceptions on a 20.45 acre parcel fronting approximately 350 feet o~ the wast line cf Turner Road across from Dyer Lane. Tax Map 29-14 (1) Part cf Parcel. 3 (Sheet Mr. Poole stated the apDlicant had requested a 30 day deferral of this request. Mr. Ed Willey was present representing the applicant. Mr. App!egate stated there was some e0~0ern regarding traffic patterns which needed to be determined. There was no opposition present. On motion of Mr. Applegate, seconded by Mr. Dodd, the Board deferred consideration of this matter until August 28, 1985. Vote: Unanimous 85S077 In Mi~lcthian Magisterial District~ B.C.C. ASSOCIATES requested rezoning from AgIicultural (A) 'ho Residential (R~15) on a 51.52 acre parcel f~ontlng appro×imate]y 725 feet on the east line of 85-~55 ~interfield Road, approximately 930 feet south of Michael Ridge ~oad. Tax Map 1 (1) Parcel 18 (Sheet 2). ~r, Poole stated the applicant had requested a 30 day deferral of this request. There was no opposition pre,eat. On motion of Hrs. Girone, seconded by Mr. Dodd, the Board deferred =onsideration of this request until August 28, 1985. 85S039 (Amended) In Midlothiaa Magisterial District, C. PORTER VAUGHAN, JR. requested amendment to a previously granted use permit (Case 68-66A) to exceed the ten (10) unit per building limitation by fourteen (14) units. This request i~ for multifamily development in a Residential (R-7) District on a 28.3 acre parcel fronting approximately 290 feet on the north line of Iron Mill Road, also fronting approximately 1,420 feet on Old Boa Air Road, and located in the northwest quadrant of the intersection of these roads. Tax Map 10-13' (1) Parcel 1 (Sheet 3). Mr. Daniel excused himself from the meeting for personal business. Mr. Poole ~tated the Planning Commission had recommended approval of the request subject to certain conditions. He stated the request was deferred from the Board of Supervisors meeting in June and there had been a meeting between the neighbors and the Supervisor of the area at which time an additional condition was suggested which is contained in the addendum which he distributed. He stated the initial zoning on this property was in 1966 by the Board of Zoning Appeals, in 1968 the Board of Zoning Appeals granted an approval for 480 multi-family units and part Of those units have been constructed as apartments but have been converted to Edgehill Condominiums. He stated this request is on the remainder of that proper~y. He explained that under the conditions of zoning approved by the Board of Zoning Appeals, they can develop 320 units. ~e stated the applicant is agreeing to reduce that to 239 units and the only change he is requesting today is increasing the number of dwelling units per building ~rom 10 to 24 units. Mr. Vaughan was present and stated the conditions as amended were acceptable. Mrs. Girone stated that the property was zoned in 1968 and would allow 320 units. She stated that Mr. Vaughan originally wanted to build 320 units and had to find a third access point which was difficult and he ha§ abandoned that idea. She stated that he now proposes to build 239 units with two access points which he has the right to do under his existing zoning. She stated there had been several questions regarding buffers and Iron Mill Road and she felt they are addressed in the conditions. She stated the concerns cf the citizens are the provision of adequate buffering along Iron Mill Road, the alignment of the proposed access with the existing crossover along Iron Mill Road, adequate site distance at Iron Mill and Old Boa Air Road and drainage. There !was no one present to discuss this matter. On motion of Mrs. Girone, seconded by Mr. Dodd, the Board approved this request subject bo the follc~$.ng conditions: 1. The plan prepared by Higgins Associates, Inc., dated June 5, 1985, shell De considered the plan of development. (P) 2. The buildings shall bare an architectural style as depicted in the elevation plans submitted with the application. (P) 3. TherR shall be no more than nine (9}.. buildings with twelve (12) units and seven (?) buildings with twenty-f~ur (24) units. ~owever, the total number of dwelling units permitted shall not exceed 239. (P) 85-556 ® 4. The perimeter buffers as shown on the plan oi development shall be maintained, except that a minimum of a 100 foot buffer shall be maintained along Iron Mill Road. With the exception of the propo6ed entrance/exit to Iron Mill Road, thcrs shall be no facilities permitted within these buffers. As much existing vegetation as possible within these buffers shall be maintained. Prior to any clearing Or grading, these buffers shall be flagqed and the Planning Department contacted to inspect the buffers. Within sixty (60) days of rough clearing and grading, the Dlanning Department shall be contacted to inspect these buffers. At that time, additional landscaping may be required. (P) Ayes: Mr. Applegate, Mr. Mayes, Mr. Dodd and Mrs. ~irone. Absent: Mr. Daniel. Mr. Dodd commended M-rs, Gi~one on workinq out a very difficult situation. He stated, however, when he looks at the density that you had to deal with which was over 11 units an acre and there still is over 8% units per acre which is still a high density operation. He stated it is still a lot of units on 28 acres of land. Mrs. Girone stated it is a very ditficult site and she ia not certain they will be able to get that many units on the acreage. She stated a lot of development i~ taking place around this and if this were a new case, the Board may net see fit to zone it but ~t ~ d~fficult when the old zoning exists and you have to deal with it. Mr. Daniel returned to the meetln~. 85S048 In Dale Magisterial District~ VERNON E. LaPRADE, JR. requested rezoning from Agricultural (A) to R~sidential (R-9) plus Conditional Use Planned Development to permit use ~recreation) exceptions. This request lies on two (2) tracts of land, totaling approximately 109.0 acres, ~rontinq appro×imately 2,360 fe~t on the east line of Salem Church Road across from Hunting- creek Drive. Tax Map S0~10 (1) Parcel 5 (Sheet 22). ~r. Peele stated the Planning Commission had recommended approval :~f this request subject to certain conditions. Re presented the iSoard with an addendum to the staff report and sli~e~ which iindicated the request wo~ld be divided by proposed Route 288. :Mr. LaPrade stated he had concerns with Condition ~3 which indicates that additional pavement shall be constr~ctsd along Salem Church Road. ~e stated ~t was his understanding that this was only at the entrances for a taper and a deacceleration lane. He stated that was acceptable bat he did not want to have to widen Salem Church Road for a quarter to a half mile as they do not have any houses fronting the road. Mr. McCraoken stated that they wanted to obtain the turn lanes at the entrances. Mr. Daniel inquired as to how much footage was necessary and/or how mush pavement. ~$~ MeCracken stated it would probably be the normal section o~! 200-300 f~et on ~ach side. Mr. LaPrade stated he would rather h~ve the Virginia Department of Sighways and Transportation determine this. Mr. McCracken stated he felt it was better as written instead of specifying the distance and it is their intention to obtain sufficient pavement widening to obtain adequate turn lanes but the actual distance will not be known until detailed road plans are receive~. Mr. Daniel inquired what would happen if 'th~ Highway Department comes back with 400 feet. Mr. McCracken stated the applicant could review the request with the Planning Co~unission. Mr. LaPrade inquired about the lJgbt~.q for the ~'ecreational area in Condition #7.d. He stated he !z. %~ have a nice recreation ar~a and they are ;atterning il r Creekwocd and the residents of the subdivision ~. b~ members of the recreation association and they may want .se the facilities at night, se stated he would prefer to acr~ ;ghting rather than be told thet lighting is 85~557 ® ® prohibited. Mr. Peele Stated the recreation area is very close to the back yards of the homes in the proposed subdivision which was the reason for recommending this condition. Mr. Daniel questioned the plans for the recreation area. Mr. LaPrade stated it has not been planned out at this time but it will be owned by the homeowners in the subdivision but this condition completely restricts the use of lighting at night. Mr. LaPrade stated he also had concerns regarding the square footage of the houses on the request that they match the square footage of Deer Run. He stated there seems to be a difference in what the developers of Deer Run believe that their square footage requirements are versus what the Planning Department indicates. He stated he was not comfortable with 1,4~0 sq. ft. on the cape cod or 1,660 sq. ft. on the two story as they have built nice subdivisions in the County and they did not feel this should be required. Mr. Daniel stated there ere some major road ways coming into the County where the citizens are unhappy with the buffering and they feel the County should build sound barriers and here is a classic zoning case where you know chat a major thoroughfare is coming in and there will be requests for buffers Or whatever. Mr. LaPrade stated there is a 200 ft. buffer at this location which will be left natural. There was no opposition present. Mr. Coleman Kent expressed concerns regarding the entrances, whether or not houses will face Salem Church Road, where Route 28S will be constructed and about the condition of Salem Church Road. Mr. LaPrade stated his proposal is very similar to the contiguous subdivision with the exception of the 100 sq. ft. difference on the ranchers. He presented pictures of housing which was anticipated to be constructed. He indicated that his two story houses would have a minimum of 1,496 sq. fi. with 900 sq. ft. finished; the cape cod homes would have a minimum of 1,414 sq. ft. with 896 sq. it. finished; and the ranchers would have a minimum of 1,100 sq. ft. and there was a note that all sq. ft. lincluded first floor storage facilities but does not include !perches, carports, garages, etc. He stated the amended proffer .was that the ranchers would have a minimum cf 1,100 sq. ft. i finished which would not include the first floor storage area and the other house sizes would remain the same; also on the amended pro,far they indicated 'the land for the recreation area would be dedicated ~o the homeowners association upon the Occupancy of at least 75 homes; however, until the sale of 95% of the lots in Ashton Woods North and South the developer will have controlling voice in the association with regard to type of construction, landscaping and construction schedule which is for the whole subdivision as well as %he recreational area. He reviewed other proffers with regard to fireplaces, colors~ architecture, landscaping, etc. He stated more often than not~ '~hey do finish the entire hon~, but they do not want to be told they must, W~en asked by Mr. Daniel, Mr. LaPrade stated 1,200 sq. ft. was not a problem for ranchers~ Mr. Daniel inquired about the two story houses and the 1,660 sq. ft. Mr. LaPrade stated he did not have a problem with his proffer of 1,496 with 906 sq. ft. finished nor did he have a problem with what Deer Run claims they have which is 830 sq. ft. ~inished on the first floor of a two story home. Mr. Daniel stated Deer Run had 1,660 sq. ft. total, did they not. Mr. Peele stated he felt what was in 'the addendum was correct but the issue did not come up uDtil 1:00 p.m. and there was not time to check. Mr. Daniel stated he did not want to have every two story house in the subdivision of the minimum size. Mr. LaPrade stated there would be houses up to 1,700 sq. ft. from time to time. Mr. Daniel stated the cape cod is running 1,542 sq. ft. Mr. LaPrade stated ~ha't 1,414 is the standard cape cod and he explained the dormers, etc. that are included which increase the sq. ft. Mr. Daniel stated he is concerned about the buffering and real protectimn for the houses up to Route 288 aRd 85-558 © .lac about the ingress and egress which is at the intersection of :he proposed Route 288 and ~alem Church Road. He stated that ~ortion of the site does not have public road frontage on Salem :hurch Road. Mr. LaPrade staled the Highway Department has [greed to build a road to it. Ir. Daniel stated he would move for approval of the conditional Lse with the conditions that are sited, proffers, etc. on all the .and north of Route 288 and for deferral of the request for ~aht0n Woods South un=il the applicant has received the Virginia )epartment of Highways and Transports[ion's approval for his ~ocess to Salem Church Road. {r. McCracken stated the Highway Department has indicated in :heir discussions that this access road will be provided as part )f the Route 288 project. Mr. LaPrade stated that part of the :ondemnation was to give them the access to the property. Mr. )aniel stated he wanted to make sure the Board is protected. Be Lnquired if he coul~ approved zoning for the northern portion and lefer the southern portion until the Highway Department provides :he County with all documents confirming earlier speculations. Er. Micas stated that southern tract can be deferred until you ~eceive certain documentation and he will not have to pay any more tees if it is deferred to that specific mvent and will be ~nought back by the staff at that time. Mr. LaPrade ~tated that :he County is talking about revamping the zoning ordinances, the ~ubdivision requirements, the lot sizes and requirements, etc. ~e stated hs does not know how long the material will take to :omc from the Highway Department. Mr. Daniel stated this is a ~onditional use application of which all of the conditions have 3eon identified, the lot size, the sq. ft., etc. ezcept there ~ problem with the actual site plan based on whether or not the ~ighway Department approves ~n w~iting his road configuration. ~r. Daniel stated he agreed with the conditional use for ~verything identified as being north of Route 288 and in Ash[on ~oods North and felt that Ash[on Woods South should be de£erred anti1 the Highway Department ha~ approved the access road. He stated the developer can still proceed with the development. Mr. ~aPrad~ ~tated that was agreeable and inquired how m~ch time was ~eeded. Mr. McCracken stated it would just be a matter of staff hooting with the Highway Department. 9n motion of Mr. Daniel, seconded by Mr. Dodd, the Board: (1) Deferred action on the requesu for Ash[on Woods South until such time as the developer submits written confirmation that the Virginia D~partment of Highways and Transportation has approved road plans for access to Salem Church Road; (2) R~jectad proffered condition ~1; and (3') Approved rezoning to R-9 with Conditional Use Planned Development for Ash[on Woods North subject to the conditions listed b~low: 1. The following conditions notwlth~tanding, the plan prepared by Po[ts and Minter, dated 2/!8/S5, shall be considered the Master Plan. 2. Prier to the issuance of any building permits, forty- iive (45) feet of righ~ of way, measured from the ce~terline of Salem Church Road, shall be dedicated to and for the County of Chesterfield, free and u_~restric- ted. (T) 3. Additional pavement shall be constructe~ along Salem Church Road, and the existing roadside ditch ~hall be 85-559 @ ® relocated. (T) 4. Prior to recordation of any lots, profiles shall he submitted to the T~ansportation Department and %qDH&T showing available sight distance. If adequate sight distance is not available, the developer shall be responsible for reconstructing Salem Church Road to obtain required sight distancem. 5. A fifty (50) foot buffer, exclusive of utility or drainage easements, shall be maintained along Salem Church Road. This buffer may consist of existing vegetation which shall be eupDlemented, where neces- sary, to effect a proper screen. Other than the pro- posed public road and f~nces on individual lots, no facilities shall be permitted within this buffer. (TAP) (Note: This requires, that access to the reoreatlon t~act be provided from within the subdivision.) 6. Recorded lot sizes shall be within 10%, plus or minus, of lot sizes shown on the Master Pla~, provided that no lot shall be smaller than 9,000 square feet. 7. RECREATION TRACT Parking shall be provided at a ratio of one (1) space for each 90 square feet of combined swiraming and wading area~ pins fou~ (4) for each tennis court and/or basketball court. (P) B. Concrete curb and gutter shall be installed around the perimeter of all driveways and parking areas. (EE) C. A thirty (30) foot buffer shall be maintained along the north, east and south boundaries and a fifty (50) foot buffer shall be maintained along the western boundary. Other than an access drive from within the subdivision, there shall be no facilities permitted in theme buffers. In conjunction with schematic plan review, a landscaping plan for these buffers shall be submitted for approval. D. Lighting shall be low level and positioned so as not to project into adjacent properties. NO lights shall be permitted on the basketball or tennis courts. (P) E, Hours of operation stall be restricted to between 9:00 a.m. and 11:00 p.m. (P) 8. The following proffered conditions shall be incor- porated into the restrictive cove~ante: Ah Ali original exterior house eolorm to be selected from Williamsburg color chart with final approval to be given by Archilecturel~ Review Committee. B. There will be no aluminum er vinyl siding. C. There will be no fences erected between front of houses and street; with exception of approval by Architectural Review Committee. S5-560 © ® D.. No window or through the wall air conditions will be allowed. 9. ~ach single family residence shall have the following minimum square footages: a. ~wo-story houses shall have a minimum of 1,496 square feet with 900 square feet finished. b. Cape Cod houses shall have a minimum of 1,414 square feet with 896 equare feet finished. c. Ranchers shall have a minimum of 1,200 square feet finished. (Note: Ail square footages include first floor storage facilities with the exception of ranchers. Does not include porches, carports or garages.) And further the Board accepted the following proffered conditions: 1. ~xterior of homes shall have: a. Ail foundations shall be of brick. All fireplaces shall be of brick Or Stone. c. All houses to have covered front porches. 2. Recreation area: a. Land for recreation area will be deeded to Rome~ owner Association upon occupancy of at leaet 72 homes; however, until the sale of 95% of all lots, in Ashton Woods North and South, developer will have controlling voice in Association with regarde to type of eonstruction~ landscaping and construe~ tion schedule. Vote: Unanimous $4S187 (Amended) In Clover Hill Magisterial District, RICHMOND SUHARU, INC. requested amendment to a previously granted Conditional Use Planned Development (Case 84S039) to revise the approved Master Plan, relative to access. This request lies in a General Business (B-3) District on a 1.2~ acre parcel fronting approximately 200 feet on the south line of Midlothian Turnpike, !approximately 600 feet southeast of the eastern leg of Moorefield :Park Drive. Tax Map 17-16 (1) Parcel 3 (Sheet 8). Mr. Poole stated the Planning Commission had recommended approval of this request subject to certain conditions. Mr. John Henson was present representing the applicant. These was no opposition present. On motion of Mr. Applegate, seconded by Mr. Dodd, the Board approved this request subject to the following conditions: 1. The following conditions notwithstanding, access to this development shall be as shc~n on the Master Plan prepared by J.K. T~.mm0ns and Associates, revised May 29, 1985. (T&P) 2. Access shall be designed to allow shared use wi~h ~he adjacent Residential (R-7) property.-and ~he Convenience Business (B-i) property no the east (i.e., Ta~ Map 17-16 (1) 85-561 Parcels 2 and 4)' The access shall be designed to minimize congestion on Route 60. (P) (Note= This condition supersedes Condition 2 of Case 845039.) Left turn lanes shall be eo~structed at the Route 60 crossover as deemed necessary by VDH&T and the Transportation Department if detailed engineering determines it is feasible. (T&P) (Note: This condition supersedes Condition 3 of Case 845039.1 (Note: All other conditions of Case 84S039 remain applicable,) Vote: Unanimous $55050 {Amended] In Midlothian Magisterial District, ~IDLOTHIAN DEVELOPMENT CORPO~ATIO~ requested amendment to a pre~iously granted Conditional Use Planned Development (Case 79S142) to permit a landfill; eliminate a recreation tract; increase and/or decrease acreage and units in tracts; and townhouse development in certain tracts. This request lies on two (2) properties in a Residential (R-7) District totaling 140.5 acres. The first property fronts approximately 760 feet on the north line of Lucks Lane across from Evergreen ~ast Parkway. The seoond property fronts the east and west lines of ~vergreen East Parkway, beginning at a point approximately 240 feet south of Lucks Lane. Tax Map 26-13 (1) Part of Parcel 1; Tax Map 37 (1) Part of Parcels 3 and 12; and Tax Map 37-7 (il Part of Parcel 1 (Sheet Mr. Peele stated the Planning Commission had recommended approval subject to certain conditions. Mr. Jim Hayes was present representing the applicant and stated the conditions were acceptable. There was no opposition present. On motion of Mrs. Girone, seconded by Mr. Applegate, the Board approved this request subject to the following conditions: 1. Within thirty (30) days of the approval of this request, a plan showing the exact metes and bounds of =he existing fill shall be submitted to Environmental Engineering. Any fill materials which encroach into the limits of the 100 year floodway shall be removed within sixty (60) days of the approval of this reques~ (EE} 2. Upon completion of the fill activity and restabilisation of the site, a plat showing the exact ~setes and bounds of the fill area and the types of material buried shall be submitted to the Planning Department. Upon review and approval of the plat, it shall be recorded in the Circuit Court. The plat shall note that fill has been placed on the property and, therefore, it may not be suitable for construction. (SS&P) 3. There shall be no construction over t~e fill area unless soil engineering studies prove the suitability of such construction. (SS&P) 4. Uses permitted shall be limited to recreatioD. (P) (Not~: Schematic plans mu~t be submitted to the P].aDning C0n~issi0n for approval.} 5. Fill material shall be limited ~o earth, stone, rock, scrap building and land-cleared materials, 85-562 © ® 6. All slopes shall be free of exposed debris, covered with soil, and stabilized by hydroseeding. (EE) 7. Fill activity shall not occur on recorded lots in Sommerville Grove. (EE) 8. The conditions herein notwithstanding, the plan prepared by J.K. Timmons and Associates, titled Luck's Lane Extension, Job Number 22, Sheet 6 of 8, revised 9/17/83, shall be considered the plan for the fill area. (Note: Thi~ plan was previously approved by Environmental Engineering and differs from the plan submitted with thi~ request.) 9. The recreation tract lying between Tracts 503 and 308 shall be eliminated and the acreage combined into the land area of Tracts 503 and 308. (P) 10. Exhibit 1 and Addendum - Exhibit D shall supersede Exhibit D of the original Textual Statement for Conditional Use Planned Development 79S142 for those tracts outlined in Evergreen East. (Note= All previous requirements relative to increase/decrease in acreage remain applicable.) Vote: Unanimous 85S052 (Amended] In Clover ~ill Magisterial District, R.L. BAT~S requested rezoning from Office Business (O) to Community Business (B-2) of 1.8 acres plus amendment to a previously granted Conditional Use Planned Development (Case $4~049): (1) to modify the Ma~ter Plan relative to shopping center design (Condition 1); (2) allow required buffers to be provided on residential tracts (Condition 11); (3) allow access to private drives no closer than 100 feet ~rom Route 360 (Condition 18). This request ironts approximately 1,400 feet on the north line of Hull Street Road also approximately 50 feet on Ladino Lane, and is located in the northeast quadrant of the intersection of these roads. Tax Map 50-1 (1) Part of Parcel 5, and Parcel 15 (Sheet 14). Mr. Peele stated the Planning Commission had recommended approval subject to certain Conditions. Mr. Jim Hayes, repressating the applicant, stated that approximately one year ago the Board approved the rezoning of this property under a Conditional Use Planned Development. He stated the front portion was originally zoned B-3 and the developer wanted to revise that to B-2 with some office on the left side with R-9 in the rear. He stated since then, Mr. and Mrs, Dates have a purchaser for the commercial portion and they have a slightly different layout and renderings have been submitted with the application to show the intent of the layout of the commercial area in the front, De stated it would require the straightening out of the entrance road and access the residential area in tho rear from a slightly different point. He stated they wili also be reducing the number of single ~amily units in the back according to the Master Plan. ~e stated they are requesting ~o change 1.S acres of the office zoning to B-2 in order to squ~re up the property and accommodate the layout as submitted. He ~tated there ara ~roperty owners in the arsa who are supportive from whom he has letters. Mr. Applegate inquired if the entrance road has been discussed with the Highway Department. Mr. Hayes stated they have and the site distance is adequate. Mr. McCracken stated the Highway Department is in agreement. Mr. Applegate inquired about the square footage of the co~rmereial development° Mr. Hayes stated tho actual square footage of retail space could be slightly more 85-563 but not by a significant amount. Mr~ Applegate inquired about the numbe~ of units reduced in the residential. Mr. Hayes stated they reduced the number Of units by 15-20. Mr. Applegate inquired what th~ effect would be on density Dy putting the buffer into the residential area rather than ksaping it in the commercial area, Mr. Boole stated that was not a major change. Mr. Applegate inquired about the situation at Gregory Pond Road and Route 360. Mr. McCracken stated one of the conditions asks for additional ~iqht of way to proceed with the project to have the intersection improved. Mrs. Helen Bailey, an area resident, stated there were 176 signatures against the request. She stated the stores will be enormous, they are unnecessary as there is another shopping center that serves the residents in this area, this is placing commercial in a residential area, the traffic is appalling in the area currently and this will add an additional burden to the traffic, the entrance is on a hil~ which will be dangerous, etc. She requested that the request be denied. Mr. Appl~gats stated the property is currently zoned and the only question is whether or not an amendment should be considered. He stated that Mr. McCracken has indicated that the Highway Department feels the road ~ituation is within safe limits. He stated the Gregory Pond Road is to be lined up with ~ordham Road to eliminate that problem, there will actually be fewer residential units and this is an improvement ov~r the previous zoning. He stated he had not seen the petition. Mr. Peele stated the petition was sent to the Planning office which represents community disapproval b~cause of increased aggravation of an already bad traffic situation and accident potential, ingress from neighborhood roads which is difficult and dangerous, this has always been a residential area and they see no need for another shopping center in the area. Mr. Applegate stated the previous zoning has been improved by the request of B-2 and Office as opposed to straight B-3. He stated he personally felt this was a better plan. He stated he is concerned about the traffic situation as he feels this may be a bad situation at Route 360~ however, the Highway Department feels this falls within the safe limits of their criteria and, if the ~ight of way is acquired at Gregory Pond Road, it will improve the situation to the east. He stated he would have liked to have discussed this with the residents in detail but no one had contacted him. Ne expressed appreciation for Mrs. Bailey's comments, especially with regard to the traffic~ he would insure that Mr. MoCracken works diligently on the Gregory PoDd Read situation and he wants assurance that the Highway Department feels this is the proper site distance at the entrance. On motion of Mr. Applegate, seconded by ~r. Mayas, the Board approved this request subject to the following conditions: 1. The following conditions notwithstanding, the plan prepared by Columbia Architectural Group, dated May 28, 1985, shall be considered the Master Plan. The original textual statement approved under Case 84s049 shall remain in effect. (P) (Note: Thi~ condition supersedes Condition 1 of Case 84S049.) 2. The structures shall have an architectural style as depicted in the renderings prepared by Columbia Architectural Group. AS depicted on the Master Plan, the end walls shall be brick and the rear walls shall employ subdued colors. The rear 85-564 walls shall employ materials and colors which minimize their visual monotony. The fifty (50) foot buffer required by Condition 11 of the original zoning, along the northern boundary of the B-2 tract, may be provided within the R-9 tract in a recorded easement. Landscaping plans shall be submitted in conjunction with schematic plan review for the B-2 tract. The buffer shall be installed in conjunction with development of the R-9 tract. The owner of the B-2 tract shall be responsible for the maintenance/replacement of the buffer. 4. Condition 18 of Conditional Use Planned Development 84S049, relative to access, may be modified at the time of schematic plan review if documentation is submitted which insures that access closer than 200 ~eet to Route 360 will not create traffic congestion or increase the possibility of traffic accidents. (T) (Note: This condition is in addition to Condition 18 of Conditional Use Planned Development ~4S049. Ail other conditions of Conditional Use Planned Development 84S049 remain applicable.) 5. Prior to release of any building permits for the Office Businesa (0) tract at the intersection of Gregory Pond and Hull Street Roads or the Co,unity Business (B-2) tract, a minimum of thirty (30) feet of right of way, ~asured from the centerline of Gregory Pond Road, shell be dedicated to and for the County of Chesterfield, free and unrestricted. (CPC) 85S072 In Mateaca Magisterial District~ ELLIE S. FOSTER requested rezoning from Agricultural (A) to Residential (R-15) Qn a 1.83 ac~e parcel fronting approximately 248 feet on the east line of Harrowgate Road approximately 780 fe~t north of Anqarde Driver also fronting approximately 250 feet On the west line of Happy Mill Road approximately 920 feet south of Sunset Avenue. Tax Map i32~12 (4) Garden City ~eights, Lot 16 (sheet 41). Mr. Peele stated the Planning Co~u~ssion had recommended approval df the request. There wa~ no one present to £epresent or oppose the case. On motion of Mr. Mayas, ~econded by Mr. Dodd, the Board approved this request. V~te: Unanimous ~5S073 In ~ermu~a Magisterial District, B. FORACE HILL requested rezoning from Agricultural (A) to Residential (R-15) on a 37.5 acre parcel fronting the south line of Woods ~dge Road in two places for a total of approximately 1,000 f~et across from Lawing Drive. Tax Map 134-6 (1) Parcels 5 and 6 (Sheet 42). Mr. Peele stated the Planning Ccn~ission had recommended approval of this request. Mr. Jeff Collins was present representing the applicant° Be s'tated at the Planning Co,lesion meeting there was a condition that a stub road be provided to the west of this site which they indicated they would like removed. Mr. D0dd stated he would recommend it be deleted on the western portion of the property. Mr. Peele stated the condition was imposed during subdivision approval and th~ applicant has t!~e right to 85-565 request relief through the Planning Commission. There was no opposition present. On motion of Mr. Dodd, seconded by Mr. Mayas, the Board approved this request. Vote: Unanimous ~5S074 In Matoaea Magisterial D~strict, A,L. BENDRICKS requested rezoning from Agricultural (A) to Office Business (0) plus Conditional Use Planned Development to permit use and bulk exceptions on a 17.9 acre parcel fronting approximately 309 feet ion the east line of North Bailey Bridge Road, approximately 225 fleet south of ~ult Street Road. Tax Map 49-13 (i) Parcel 14 (Sheet 14). Mr. Peele stated the Planning Commission had recommended approval of thin request subject to certain conditions. Mr. John ~ensen was present representing the applicant and stated the conditions ~ere acceptable. There was no opposition present. On motion of Mr. Mayas, seconded by Mr. Applegate, the Board approved this request subject to the fallowing conditions: 1. The following conditions notwithstanding, the plan prepared by J.K. Timmons and Associates, dated March 4, 1985, shall be considered the Master Plan. (P) 2. Lots 5, and 7 through 12 shall be restricted to Office Business (0) usnn. NO setback exceptions shall be granted on these lots. Mots 1 through 4, and 6 shall be restricted to Office Businens (0), Light Industrial (M-i), and indoor recreational uses. Ten (10) foot exceptions to rear and side yard setback requirements on these lots. (P) A seventy-five (75) foot buffer shall be maintained along the eastern and southern boundaries adjacent to Residential (R-9) zoning. This buffer width shall be exclusive of utility easements or rights of way. Prior to any clearing or grading, the buffer shall be flagged. Within fifteen (15) days of completion of rough clearing and grading, the Planning Department shall be contacted to inspect the buffer area. If existing vegetation is net of sufficient density and species to provide year-round screening, the existing vegetation shall be supplemented with additional plantings to provide year-round screening of the development from adjacent ranidential development, tf additional landscaping is necessary, landscaping plans shall be submitted for approval within thirty (30) days of the inspection of the buffer. Th~ buffer may be installed in conjunction with the phasing of the development. (P) 4. Buildings on Lots 5, and 7 through 12 shall not exceed a height of two (2) stories. Buildings on other lots shall not exceed a height of three (3) stories. Buildings shall have an architectural style and employ materials and colors which are compatible with the adjacent, residential development. In conjunction with schematic plan review, elevations and color samples or colored renderings shall be submitted to the Planning Co]~misslon for approval. (P) 5. Outdoor lighting shall be low level and positioned so as not to project into adjacent residential development. In conjunction with schematic plan review, a lighting plan shall be submitted to the Planning C~ission for approval, (P) ~5-566 ·here shall be no public or private road connections to Frederick Farms Subdivision. (P&T) A thirty (30) foot busier shall be maintained along North Bailey Bridge Road. Within this buffer, ornamental trees and shrubs shall be planted. This vegetation may be supplemented with an earth berm. In conjunction with schematic plan review, a conceptual landscaping plan depicting this requirement shall be submitted to the Planning Commission for approval. Detailed landscaping plans shall be submitted to the Planning Department for approval in conjunction with final site plan review. This buffer may be installed in conjunction with the phasing of the development. The buffer width shall be exclusive of any utility easements or righta of way. With the exception of a ~ingle freestanding sign identifying the development and a public road, there shall be no facilities permitted in the buffer. (P) 8. A single freestanding sign shall be permitted along North Bailey Bridge Road identifying the development and tenants therein. This sign shall not exceed an aggregate area of fifty (50} square feet and a height of ten {101 feet. Individual business establishments shall be permitted signs as regulated by the Zoning Ordinance for Office Business (O) zoning, except that freestanding sign height shall not exceed ten (10] feet. Ail signs ~hall be externally lighted utilizing white lights; or internally lighted provided the lights are either silhouetted behind opaque letters; or in sign boxes which are opaque with translucent letters. Ail. signs ~hall be positioned so as not to be visible from adjacent residential development. (~) 9. The developer shall provide an accurate account of the drainage situation, showing existing drainage and the impact this project will have on the site and the surrounding area. The developer shall submit a construction plan to Environmental Engineering and VDH&T~ providing for on- and off-site drainage facilities. This plan shall be approved by the Environmental Engineering Department and VDH&T, and all necessary easements shall be obtained prior to any vegetative disturbance. The approved plan may have to be implemented prior to clearing. (EE) 10. A hydraulic analysis shall be performed on the drainage facilities in Frederick Farms Subdivision to determine what effect the drainage from the proposed development will have as compared to ~evelopment fo~ single family residential uses. ll. Maximum permissible release rates on the proposed retention basin shall be such that the minimum drainage criteria performance capacity of the existing facilities in Frederick Farms Subdivision shall not be exceeded and the recorded year backwater elevation shall not be increased. (EB) 12. Prior to the release cf any building permits or recordation of right of way and/or subdivision plats, ownership and maintenance of the pond(s) shall be established as the responsibility of private entities. An indemnification agreement shall be ~ubmitted to the E~yiren~ental Engineering Department to save the County harmless of vectors, maintenance~ and replacement responsibilities, etc. Upon completion of construction of the detention facility, it shall be certified by a professional engineer. (EE) 13. Dams shall be built at un cie'ration such uhat on-site buildings or existing homes iii Frederick Farms Subdivision wou£d not be jeopardized shon]d the dam fail, A dam failure analysis mhs!l be pe~orm~d and submitted to Environmental ~ngineering. (E~) B5-567 14. Concrete curb and gutter shall be installed around the perimeter cf all driveways and parking areas. (EE) 35. Prior to the issuance of a building permit, thirty-five (35) feet of right of way, measured from the centerline of North Bailey Bridge Road, shall be dedicated to and for the County of Chesterfield, free and unrestricted. (T) 16. Prior to the issuance Of any Occupancy permits, additional pavement and curb and gutter shall be installed along North Bailey Bridge Road. (TI All public roads shall have a minimum width of forty 140) feet, face of curb to face of curb, (T) 17. Vote: Unanimous 85S076 In clover Hill Magisterial District, TRAMMEL CROW COMPANY requested rezonlng from Agricultural (A) and Convenience Business (B-i) to Office Business (O) plus Conditional Use Planned Development to permit use and bulk exceptions on a 60.0 acre parcel fronting approximately 980 feet on the south line cf Midlothian Turnpike approximately 1,100 feet east of North Pinetta Drive, also fronting approximately 960 feet on the east line of North Arch Road approximately 150 feet south of Knightsbridge Road. Tax MaD 28-1 (1) Parcels 3, 8 and 9 (Sheet ~). Mr. Poole stated the Planning Commission had recommended approval of this request subject to certain conditions. Mr. Jay Weinberg iwas present representing the applicant. He stated this is a request for office rezoning with a Conditional Use Planned Development for 60 acres located at the southwest quadrant of the intersection of Midlothian Turnpike and the proposed extension of :Pcwhite Parkway. He stated the applicant is one of the largest developers of quality office parks in the United states and is rated one of the ten best employers in America. He stated they i feel it is the best and highest use of the land because the ~present zoning is agricultural for the major portion of the iproperty which is inappropriate for this urbanized, fast growing isection of the County; the property is located at the iintersection of two major arterial highways~ Route 60 and the ~proposed ~owhite Parkway extension; the property is surrounded by 'mainly businems ~oning and some residential which this office !zoning would allow for a good transitional ese; he stated the conditions and restrictive covenants result in the most highly !restricted zoning reasonably obtainable under the County's laws ~and ordinanqes; and the Planning Commission unanimously approved i the request. He explained improvement plans for the North Arch i Road and Midlothian Turnpike intersection, %he collector distributor road to a~d from So~thgate which is in accordance with the County and Highway Department regulations. He stated Southgate will be developed into a corporate office park for national and regional companies, providing executive office space, research and development and hi-tech and support facilities. He stated it will be designed in a park like aesthetically pleasing atmosphere and environment subject to highly restrictive standards. He stated it will consist of 12 buildings containing 771,000 sq. ft. ~e cc{lined the architectural and landscaping plans for the development, the access, buffering, man-made lakes on the interior of the property, etc. ~e stated they have worked for nine months with planning staff and traffic engineering staf£, the ~ighway bepartmenf, and area residents. }te stated the citizen~ have indicated they are in favor of an office park in the area rather than other types of zoning and that this project will improve the traffic circulation in the area. He ststed the benefits of thi~ development are: 85~568 ® 1. It will provide for the development of a 60 acre parcel located at the intersection of two major arterial roads in an ae~th=tically pleasing and highly restricted manner. It will provide qualitY employment opportunities in a reasonably close proximity to residential areas. 3. It will increase the tax base of the County by adding approximately $45,000,000 to the real estate tax base when fully developed. 4. It will provide a collector/distributor road at no cost to the citisenS of the County; and 5. It will result in the removal of a business and trailers along Midlothian Turnpike and provide a very fine office park. Mr. Applegate ~tated this is the very type of commercial d~v~lopment that the Board encourages and this is a prime site which will beoome the gateway to the west. Be stated this is an improvement to what exists today and represents what this County is entitled to have. It wax indicated that the project would begin in about four months. Mr. Weinberg stated the applicant was in agreement with the conditiene as amended. On motion of Mr. Applegate, seconded by Mr. Dodd, the Board approved this request subject to the following oondltions: 1. The iollowing conditions notwithstanding, the plan prepared by Wiggins Associates, Inc., dated February 18, 1985, and Textual Statement prepared by Jay M. Weinberg, dated Ma~eh 25, 1985, shall be considered the Master Plan. (P) 2. The developer shall provide an accurate account of the drainage situation showing existing drainage and the impact this project will have on the site and the surrounding area. The developer shall submit a construction plan to Environmental Engineering and VD~&T providing for on- and elf-site drainage facilities. This plan shall be approved by the Environmental Engineering Department and VDH&T, and all necessary easements shall b~ obtained prior to any vegetative disturbance. The approved plan may have to be implemented prior to clearing. 3. If the On-~ite pond~ are to be used ae detention basins, they shall be designed to have a maximum releas~ rate based on the most restrictive downstream hydraulic condition. 4. Prior to the release of building permits or recordation of right'of way and/er subdivision plats, ownership and maintenance of the pond(s) shall be established as the responsibility of private entities. An indemnification agreement shall be submitted to the Environmental Engineering Department to save the County harmless vectors, maintenance and replacement responsibilities, etc. Upon completion of construction of the detention faoilities, they shall be certified by a profess~ona~ engineer. (BE) 5. Dams shall be built at an elevation sugh that on-site buildings or exieting home~ in Soottingham Subdivision would not be jaopardiz%d should the dam fail. (EE) 6. NO building permit shall be released until the roads and drainage pla~s have been approved by the County and VDH&T for access to such bui3din~ or buildings. This oedication shall be accomplished by recordation of subdivision plats. (EE) Prior to any land disturbing activity, a pre-construction meeting ~hall be held with the Environmental Engineering Department. (ES) Concrete curb and gutter shall be installed around the perimeter of all driveways and parking area~. (SE) Prior to release of any building permits, a minimu~ of thirty-five (35) feet of right of way, measured from the centertine of North Arch Road, shall be dedicated to and for Chesterfield County, free and unrestricted. (TI Prior to release of any building permits for Sites A, B, C, D or E, any increased right o~ way and/or easements in excess of that specified on currently approved plans by VDE&T, necessary to construct the proposed access to Powhite Parkway, shall be dedicated to and for Chesterfield County, free and unrestricted. 11. The developer shall be responsible for the following improvements, as deemed necessary by the Transportation Department and A. Additional lane of pavement and curb and gutter along: (1) Route 60 at the intersection with the north-south road; (2) the eastbound lane of Route 60, wear of the North Arch Road/Route 60 intersection; (3) North Arch Road at its intersection with Route 60; and (4} North Arch Road for the entire property frontage plus additional pavement to acco~odate a ripht-turn lane. Cost of installation and/or modification of traffic signals at: Il) the proposed east/west road and North Arch Road intersection; and (2) Midlothian Turnpike and North Arch Road intersection. C. COSt of design and construction of the access to the proposed Powhite Parkway extensxon. D. Construction of the internal public roads to a minimum four-lane typical section with a right of way width to accommodate this section and any necessary utilities. (~]~ Number of accesses and access locations onto th~=,:. .inds will be determined at the time of schematic plan review.) E. The north/south road shall be realigned to provide greater separation between its intersection with the east/west road and the Powhife Parkway. (T) 12. PHASING A. There shall be no more than 130,060 gross square feet accessing solely to North Arch Road, and no more than 140,000 gross square feet accessing solely to Midlothian Turnpike. No more than 270,000 gross square feet shall be constructed until such'time as contracts for tke construction of Powhite Parkway are awarded and the developer come, its to construction of the remaining internal public road network, as determined by the Transportation Departmenk~ ® B. Prior to obtaining any occupancy permits, improvements as specified in Condition llA(2), llA~3), and 11B(2) C. Prior to obtaining any occupancy permits for buildings with access to Midlcthian Turnpike, the improvement specified in Condition i1A(1) shall be constructed. D. Prior to obtaining any occupancy permits for buildings with access to North A~cb Road, ~he improvement specified in Condition llA(41 shall be constructed. E. Ail ether improvements~ as specified in Condition 11, shall be constructed and/or installed at such time as deemed necessary by the Transportation Department. F. The total gross square feet permitted shall not exceed 771,000 gress square feet. (T} 13. Approval of the Master Plan does not imply that the County gives final approval of any particular road section. (P) 14. Working interpretations of any and all conditions and/or exceptions to the application shall be made by the Planning Commission at the request of the Planning Department upon submission, review and approval of schematic plans, as required by Section 21-34 (1) (4) c of the Zoning Ordinance. Furthermore, the Co~mission may conditionally approve schematic plans to ascertain that they will be in conformance with the approved Master Plan and other applicable Ordinances. (P) 15. Except where expressly referred to herein, approval of this application does not guarantee that the developer can build or construct facilities in the future in accordance with present regulations. If County standards are more or lese restrictive than those established herein, the County may require construction to adhere to the more restrictive standards. IP) 16. The restrictive covenants, as described in the Textual Statement and submitted as a part of the application, shall be approved by the County Attorney's Office and Planning Department and recorded prior to issuance of any building permits. (P) 17. Approval of this request does not obligate the County to extend water or sewer lines. All extensions and neceSSary improvement costs shall be borne by the developer. Prior to any schematic plan approval, a detailed hydraulic analysis shall be performed to determine if the existing sewer lines have the capacity to accommodate the'proposed development and land uses. If it is determined that the capacity is inadequate and cannot be increased, densities shall be appropriately reduced. (U) 18. The number and location of fire hydrant~ shall be determined by the Chesterfield Fire Department. The developer shall bear the cost for installation of hydrants. (F) 19. Ail utility lines shall be provided wi~h underground distribution. (P) 20. Buffers, having minimum w~dths of fifty {50) feet, shall be provided along the south property line, North Arch Road, and the north property 2. ine adjacent to the existing apartment project. The buffer w~dth along the northern property line may be reduced by the Planning Co~r~ission at the time of schematic plan review if oocumentati0n is submitted verifying that adequate buffering can be accomplished in a lesser ~idth. ~xcept for a single public road access tO ~5-$71 North Arch Road, utilitie's running perpendicular through the buffer, ornamental fencing or walls to provide screening and signs permitted by these conditions, no facilities shall be permitted within the buffers. These buffers shall consist of vegetation which provides year-round screening of drive- ways, parking area and roads from adjacent residential development. Also, interior landscaping shall he accom- plished as described in the Textual Statement. In conjunc- tion with schematic plan'approval, the applicants shall submit conceptual landscaping plans to the Planning Commission for approval. In conjunction with each site plan review, detailed landscaping plans shall be submitted for approval. Buffer areas may be installed in conjunction with the phasing of the development. (P) 21. All exterior lighting shall be low-level and positioned so as not to project into adjacent residential properties, Lighting plans shall be approved by the Planning Department in conjunction with site plan review. 22. Buildings F, B, I, J, K, and L shall be restricted to one (1) story unless documentation is submitted to the Planning Commission at the time of schematic plan review, which verifies that adjacent residences are adequately screened from the developmen= i£ the buildings are increased to a maximLLm height of two (2) stories. (p) (Note: This condition is in addition to Textual StateF~ent. 3. The Project.) 23. Uses permitted shall be limited to Office Business (0) uses; a hotel/motel; Community Business (B-2) uses as accessory to the hotel; a restaurant as accessory to the hotel and/or office/industrial uses; and Light Industrial (M-l) uses. (p) 24. Prior to erection of any signs, a complete sign package depicting typical colors, materials, sizes, heights, etc. shall be submitted to and approved by the Planning Staff. Two (2) f~eestanding signs, not to emceed an aggregate area of thirty (30) square feet and a height oi ten (10) feet each, shall be permitted: one along North Arch Road and one along Midlothian Turnpike identifying this development and the tenants therein. One (!) freestanding sign, not to exceed an aggregate area of one hundred (100) square feet shall be permitted along Powhite Parkway identifying this development and the tenants therein. Other freestanding signs shall be permitted on the interior of this development if they are positioned so as not to be legible from outside the project. These interior freestanding signs, directional signs, and building-mounted signs shall be permitted as regulated in the Office Business (o) District. Signs may utilize external lighting or internal lighting if the signfield is opaque with translucent letters. (P) Vote: Unanimous 855075 (Amended) In Matoaca Magisterial District, RAYMOND E. SPAIN, JR. requested !a Conditional Uae to permit a two-family dwelling in a Community Business (B-2) District on a 0.19 acre parcel fronting approxi- mately 50 feet on the north line of Light Street, approximately 90 feet west of Chesterfield Avenue, Tax Map 182-14 (1) Parcel 72 (Sheet 53). Mr. P0ole ~tated the Planning Co~,ission had recommended approval of the request subject to certain conditions. Mr. Raymond Spain was present, rhe_e was no opposition. 85-572 On motion of Mr. Mayes, seconded by M~. Dodd, the Board approved this request subject to the following conditions: 1. The following conditions no%withstanding, the plan titled "Staff ?reposal" shall be considered the plan of development. (P) {Note: The building mus.t be shifted to meet the B-2 setbacks.) 2. A minimum of two (2) on-site parking spaces shall be provided for each unit. Each space shall be a minimum of 200 square feet. (P) 3. NO outside storage shall be permitted. 4, The foundation of the proposed structure shall be brick veneered. (P) 5. An ornamental masonry wall, solid board fence or everqreen planting, at least five (5) feet high shall be installed along the side and rear property lines. A detailed landeeaping plan shall be su3umitted in conjunction with site plan submittal. (P) 6. Concrete curb and gutter shall be installed around the perimeter of all driveway and parking areas. (P&EE) 7. Entranceways into the proposed structure shall be redesigned to provide an "A" patched roof over each stoop. (P) 8. A three (3) foot concrete sidewalk shall be installed connecting the parking spacss to the entrance of each unit. (P) 9, A separate six (6) inch sewer lateral shall be provided to each unit of the duplex. (U) 10. The proposed structure shall be used for residential purposes only and shall only be rented to persons fifty (50) years of age or older. (P&CPC) Vote: Unanimous Mr. Spain stated he had some problems with the case regarding accusations made against him at the Planning Commission meeting which he would like to discuss. Mrs. Girone stated the Board did not hear those and would prefer not to get into this type of discussion. Mr. Spain stated he would like to discuss some of the conditions. Mr. Mayes stated the conditions had not been discussed with him and he was in favor of them as written. Mr. Micas stated the decision had been made at this time. Mr. Spain stated he was not in favor of those recommendations and he has since discussed those which can be changed. He stated if the recommendations are required he will not be able to construct the project. Mr. Micas stated the Board had made its formal decision at this point and if he wanted changes, he must file for an amendment. Mr. Mayes stated Mr. Spain should have discussed his conditions when the ease was called. Mrs. Girone stated tho case has been disposed of at this time. 85S079 In Clover Hill Magisterial District~ VSRNON E. LaPRADE, JR. requested a Conditional Use to permit a comtractor's office and storage y~rd in an Agricultural (A) District Cna 1.7 acre parcel fronting approximately 310 feet un the east line of Warbro Road, 85-573 @ ® ~proximately 1,480 teet south of Genito Road. Tax Map 48-3 (1) Part of Parcel 6 ISbeet 131. ~r. Po01e stated the Planning Commission had recommended approval subject to certain conditions. Mr. LaPrade was present and ~tated they did have a problem with Condition 8 because it requires that the resolution on the prohibition of truck traffic ~n Warbro Road shall be rescinded. ~e stated he felt the situation could be resolved if the applicant had access from ~arbro Road and Route 360 and not from Genito Road. ~e stated that if the applicant is not allowed to have a truck on the road, then he would not be able to uae the parcel. Mr. Micas stated the ordinance itself prohibits truck traffic On this portion of Narbre Road and the ordinance cannot be changed by a specific zoning condition. Mr. LaPrade stated they would just like to be able to get to this site. Mr. Applegate stated the Board could zone the property but there would have to be a public hearing to reconsider the restriction on Warbro Road, There was some ~isoussi0n regarding Warbro Road not b~ing in the State System, whose responsibility it was to have it taken in, etc. Hr. LaPrade inquired if condition 8 could be eliminated, the man could construct his building, not bring the truck to the parcel, he could still step at a particular point down the road and try to have the ordinance changed. He stated if it is prop®rly zoned then he can use it if and when the ordinance is changed. Mr. ~pptegate stated that was acceptable if the applicant realizes he cannot use a truck to get to the property. Mrs. Girone stated she had a problem with approving this request without improving the road. Mr. Applegate stated the applicant could not use it with the ordinance in effect, but the Board could hold a public hearing and receive public comment. He stated he has been working with staff because of the landfill and it is necessary to get the road brought up to State standards. Mr. LaPrade stated when another zoning case for mini-warehouses wam approved this was discussed and it was decided that 'the property owners should not have to bring the road up to State standards as it was a County built road and should be brought up to specifications by the County. He stated he felt in order to be consistent, this applicant should not be'requested to bring the roads up to state standards either. Mr. Applegate requested that staff prepare the proper paperwork to bring the ordinance restricting through truck traffic on ~arbro Road to a public hearin~ but indicated to Mr. LaPrade there is no guarantee that this would be approved. ~r. LaPrade stated that the ordinance could be changed that no truck traffic would be allowed on Warbro at the intersection Of Warbro and Senito and then no one could use these sites out toward Genito Road with trucks. Mr. Micas stated staff will consider the alternatives. Mrs. Girone inquired if this applicant would not De required to pave the road. Mr. Applegate stated it was not staff's recommendation and he did not feel it would be appropriate as this is a road built by ths County and is not up to State standards and there are no road improvements associated with this request. Mrs. Girone stated in the future funds will come from the County directly or through the ]{ighway Department allocation formula to improve this road. She stated we are allowing business in the area aha we will be incurring the costs. Mr. Applsgate stated that if that were a Stat~ maintained road he ~ould agree, but this road is not up to state standards and until it is, it would be an undue responsibility on the user. Mrs. Sirens stated the County built the road for 'the landfill and now ~thers want to use it and the Board will be building up requests to have the roa~ paved. She inquired if the developers should be required to place funds in escrow to go toward this improvement. ~r, LaPrads stated this is a public road and the public can use it. Mr. McCracken stated this is a public right of way. Mr. ~pplegate stated that Woolridge Road is another similar ~ituation. Hr, Mayas inquired if the Board is going to use ~ounty money to bring these roads up to State standards. Mr. Dodd stated that when the landfill was constructed the County also put in the road. Ee stated that so~e~of the Board members ~antsd the road brought up to State stanuards which would not ~S-574 have cost as. much then as it will now except that the Supervisor of the district did not want it taken into the system. Mr. Mayes · nquired if this were the type of road improvements that would be made in the bond referendum~ Mr, Daniel stated the bond referendum deals with %he specific road problems that are in the system that need to be upgraded to meet the goals and objectives of the County. He stated how and when this road is brought up to State standards is not determined. Mr. Mayes inquired if the Board has decided that developers will not have to bring up roads that are impacted by their developments but will pass this cost onto the taxpayers. Mr. Daniel stated that in this particular case, the Board felt the landowner will be severely impacted if he can't get his truck there and right now he cannot travel the road. He stated the Board has not indicated as a policy that developers will not have to bring roads up to standards. Mrs Giron~ stated this ordinance was taken as a County matter and not before the Highway Department. Mr, Micas stated it is a County right of way and ordinance. Mrs. Girone stated she felt the road will deteriorate if traffic is not restricted and people will complain and the County will have to pave the road~ Mr. Dodd stated the landfill was for the public use. Mr. Applegute stated that funds to build the road came from the County initially. After further discussion, it was on motion of Mr. Applegate, seconded by Mr. Dodd, resolved that this request be approved ~ubjeot to the following conditions and that staff be directed to prepare the ordinance regarding the restriction of truck traffic on Warbre Road for a public hearing: 1+ The following conditions notwithstanding, the plan dated April 5, 1985, submitted with the application, shall be considered the plan of development. {P) 2. A thirty (30) foot buffer shall be maintained along Warbro Road. With the exception of a single access to Warbro Road, there shall be no other facilities permitted in this buffer. The buffer shall be landscaped with ornamental trees and shrubs. The outside storage area shall be screened from view of adjacent properties by either landscaping or fencing. A landscaping plan depicting this requirement shall be submitted %0 the Planning Department for approval in conjunction with site plan review. (P) 3. Uses permitted shall be limited to a contractor's office, shop and storage yard. There shall be no other commercial or industrial activity permitted on the site. (P) 4. One (1) sign, not to exceed eight (8) square feet in area and a height cf ten (10) feet, shall be permitted identifying this use. (P) Concrete curb and gutter ~hall be installed around the perimeter cf all driveways and parking areas, (EE) 6. Prior to release of any building permits, forty-five (45) feet of right of way, measured from the centerline of Warbro Road, shall be dedicated to and for the County of Chesterfield, free and unrestricted. {T) 7. The previous conditions notwithstanding, all bulk requirements of the General Business (~-3) District shall apply. (P) Ayes: ~r. Applegate, Mr. Mayes, Mr. D4niel and Mr. Dodd. Abstention: Mrs. Girone because of the road issues discussed. 85S080 In Midlothian }lagisterial District, CYCLE CONNECTION OF VIRGINIA toques=ed a Conditional Use Planned Development to permit ~se and 85-575 ® ® ~ulk exceptions in a Community Business (B-2) District on a 1.23 acre parcel fronting approximately 240 feet on the south line of Midlothian Turnpike, approximately 1,307 feet east of County Lins Road. Tax Map 13 (1) Parcel 100 (Shests 5 and 6). Mr. Peele stated the Planning Commission had recommended approval of the request subject to certain conditions. A representatiue of the applicant was present and stated the conditions were acceptable. Mr. Applegate inquired if this would be spot zoning. Mrs. Girone stated this was zoning that was grandfathered. Mr. Peele ~tated the property is currently zoned B-2 and Conditional Use Planned Development gave the Board more control. There was no opposition present. On motion of Mrs. Girone, seconded by Mr. Applegate, the Board approved this request subject to the following conditions: 1. The following conditions notwithstanding, the plan prepared by the Planning Department shall be considered the Master Plan. 2. In conjunction with the approval of this request, the following bulk exceptions shall be granted: a. A forty-five (45) foot excsption to the fifty (50) foot setback for outside display of merchandise for sale along Midlothian Turnpike. This area shall be delineated by a permanent means (i.e., concrete curb, timber curb, etc.) to clsarly define the Outside display arsa and discourage display and parking where not permitted. NO more than five (5) items shall be displayed outside. b. An exception to the required 10×20 foot parking space size for no more than one-half of the required twenty (20) .parking spaces. Parking spaces shall have signs to designate motorcycle parking versus automobile parking. All parking sl~all be located west of the building, as shown on the Master Plan. The area in front of the building shall be reserved for outside display in accordance with Condition 2a, and a twenty (20) foot driveway. The area in front Of the building shall be signed to prohibit parking in front of the building and constructed to discourage parking where not permitted (i.e., timber curbs, concrete curbs, etc.} , (P) e. An exception to the requirement that the parking area for motorcycles stored in the screened storage area be paved. (P&CPC) 3. Uses permitted shall be limited to the sale and repair of motorcycles, motorcycle trailers and motorcycle accessories. Outside storage shall be permitted, subject to it being screened by a method approved by the Planning Department at the time of final site plan review. (P&CPC) 4. There shall be no additions or alterations ether than the shop and normal maintenance to the existing structure to acco~odate this uss. (P) 5. In conjunction with the approval of fhts request, the Planning Commission shall grant sohen~atic plan approval of the Master Plan. (Note: The request parcel lies within the Special Sign District and all signs must comply with Division 7.1 of the Zoning Oroina~ce.) Vote: Unanimous 85-576 ® ® ~55081 In Bermuda Magisterial District, WILLIAM B. DUVAL requested rezoning from Agricultural (A) to General Industrial (M-2) plus Conditional Use Planned Development to permit bulk exceptions on an 8.56 acre parcel fronting approximately 630 feet on the east line of Express Lane, approximately 650 feet north of Reymet Road. Tax Map 82-9 (1) Parcels 5, 6 and 7 (Sheet 23). Mr. Peele stated the Planning Commission had recommended approval subject to certain conditions and staff has met with the developer regarding this matter and submitted an amendment to Condition 5. Mr. Delmonte Lewis, representing the applicant, was present and ~tated the conditions were acceptable and the request is in keeping with the land use plan. Mr. Dodd inquired if the east side is wooded. Mr. Lewis stated the entire area is wooded except by Reymet Road. Mr. Dodd inquired if the road would be constructed off of Reymet. Mr. Lewis stated it would be private road. Mm. Dodd stated he would like to see Burgeee Road extended at some point. Mr. Lewis ~tated that runs into property of others and he did not know how this could be extended. There was no opposition present. On motion o~ Mr. Dodd, seconded by Mr. Mayes, the Board approved this request subject to the following conditions: 1. The following conditions notwithstanding, the plan prepared by Lewis and Owens, Inc., dated April 11, 1995, shall be considered the Master Plan, (P) 2. Public water and sewer shall be used. IU) 3. In conjunction with the approval of this request, a twenty-five (25) foot exception to the thirty (30) foot side yard setback requirement shall be granted for one (1) side yard of each lot, provided that the sum of tho two (2) side yards shall be a minimmm of thirty-five (35) feet. Furthermore, side and rear yards adjacent to private drives shall be a minimum of thirty (30) feet. (Note: Configuration of lots as shown on tt%e Maste~ Plan are subject to change.) 4. The pavement design and drainage eystem for the proposed private roads shall conform to VDH&T Standards. 5. The developer shall provide an accurate account of the drainage situation Showing existing drainage and the impact this project will have on the site and the surrounding area. The developer shall submit a construction plan to Environmental ~ngineering providing for on- and off-site drainage facilities. This plan ~hal] be approved by the Environmental Engineering Departmeat and any necessary easements shall be obtained, prior to any grading. 6. A fifty (50) foot buffer shall be maintained along the southern and eastern boundaries adjacent to Agricultural (A) zoning. These buffers may be modified by the Planning Commission at the time of schematic plan review if it is determined that sufficient buffering can be accomplished in a lesser width. The buffers may be installed in conjunction with the phasing of the development. Prior to any clearing Or grading, the buffers shall be flagged and the Planning Department contacted to inspect the buffers. Within sixty (60) days of rough clearing and grading, a dntailed landscaping plan shall be submitted to the Planning Department for approval if it is deemed ~hat e:(isting vegetation is inadeq~late to screen the use, (P) 7. Access shall be provided from the ~equest parcel to the adjacent property to the east. The exact location and width 85-577 shall be determined by the Planning Commission at the time of the first schematic plan review. Prior to obtaining any building permits, an access easement agreement shall be recorded. (P) i Vote: Unanimous B5S082 In Matoaoa Magisterial District, S.L. NUSBAUM AND COMPANY, INC. requested amendment to a previously granted Conditional Use Planned Development (Case 84S082) to modify approved conditions. This request lies in a Convenience Business (B-I} District on a 15.5 acre parcel fronting approximately 1,200 feet on the east line of Iron Bridge Road, also fronting approximately 820 feet on Centralia P~ad and located in the southeast quadrant of the intersection of these zoads. Tax Map 96-9 (1) Parcel 5 and Part of Parcel 6 (Sheet 31). Mr. Peele stated the Planning Commission had recommended approval of the request s~bject to certain conditions. Mr. Willis Blackwood, Vice President of $. L. Nusbaum and Company, Inc., was present and stated they accepted the conditions. Mr. Daniel stated this was the third time amendments have been requested since the original zoning and he would like to know how each condition differs from the original zoning. He stated he feels there is a continuous pecking away at the original conditions which were site specific. Mr. Mayes stated he did not feel that was necessary, Mr. Daniel stated he felt when the original zoning was approved there were certain conditions, it was meant to be a highly restrictiYe area, not a typical strip develop~nt, etc. Mrs. Girone stated she felt Mr. Daniel was correct as there is a lot of concern, it is a very important corner and it deserves the best. Mr. Daniel stated since he made the motion for the original approval, he thought it was necessary to go through tbs conditions to see the changes. Ne stated he felt perhaps it should be deferred to have the differences outlined because he will not deviate from the original signing or lighting and there are substantial changes, Mr. Dodd stated the current conditions insure that the intent of the original zoning would be maintained~ and there are changes which did not have a major impact. Ne stated he did not feel the developer would build a bad project. Mr. Daniel stated it has also become a strip shopping center which he ~id not feel was intended. Mr~ Mayes stated he is interested in protecting the people in the area but al~e to giv~ the app~.ioant s fair hearing. He stated he did not feel it would do any good to review the issues. Mr. Applegate stated he f~lt there are some minor changes as well as changes wi=h impacts such as additional sq. £t. which increases density, the original did not allow for an outside cafe and there is some chipping away at the conditions. Se stated that a deferral might be in order. Mr. Daniel stated he would like a complete comparison of thi~ request versus the original zoning. Mr.. Mayes inquired if Mr. Blackwood .would accept a 30 day deferral. Mr. Blackwood stated that there were some difficulties J.n comparing the original zoning to ~he request since the corner parcel was not part of the original zoning. He stated that he felt his current request was for a high quality shopping center. Mr. Daniel stated he knew what the quality standards were for the ori~i~al zoning and he wanted to make sure that he has not downgraded the quality in any way. Mr. Blackwood s~ated a 30 d~y deferral would not be acceptable as they have to resolve matters with some national firms, contracts, and tenants and winter is approaching. He stated the plan is better than what ~am originally planned. He stated he would accept a two week deferral at the request of Mr. Mayes and indicated he would like to meet with Mr. Daniel to review the matter, 85-578 After further discussion, it was on motion of Mr. Mayes, seconded by Mr. Daniel, resolved that this request be deferred until August 14, 1985. 85S083 In Matoaca Magisterial District, THE C~STERFIELD FRATERNAL ORDER OF POLICE, LODGE ~47, requested a Conditional Use to permit a fraternal organization in an Agricultural (A) District on a 15.0 acre parcel fronting approximately 400 feet on the south line of Beach Road, approximately 4,850 feet east of Riverway P~ad. Tax Map 109 (1) Part of Parcel 24 (sheet Mr. Peele stated the Planning Commission had recommended approval of the request subject to certain o0ndltions. Mr. Tom Gordon was present representing the applicant and stated the conditions were acceptable. He stated thio would be a lodge for the fraternal order of police for meetings and social functions. There was no opposition present. On motion of Mr. Mayee, seconded by Mr. Dodd, the Board approved this request subject to the following Conditions: 1. The following conditions notwithstanding, the plan submitted with the application shall be considered ~he plan of development. 2. This Conditional Use shall be granted to and for the Chesterfield Fraternal Order of Police, Lodge 947~ and shall not be transferable nor run with the land, (P) 3. This Conditional Use shall be granted for a period not to exceed five (5) years from date of approval and may be renewed upon satisfactory reapplication and demonstration that the use has not adversely affected adjacent or area development. (Note: If renewal is granted, more stringent conditions may be imposed depending on area development.) 4. There shall be no outdoor lighting other than that necessary for security purposes. Any security lighting shall be positioned so as net to project into adjacent properties. Hours of operation shall be confined to be~een 8:00 a.m. and li:00 p.m,, Sunday through Thursday; between 8:00 and 1:00 a.m. on Friday and Saturday. (p) Th~ proposed building shall have a brick facade and an appearance similar to the Dale Ruritan Club building at ROUte 10 and Chippenham Parkway. (P) 7. The buffers and landscaping as shown on the plan shall be maintained and, where necessary to effectively screen the use, additional planting may be required. Final site plans shall reflect thi~ requirement. (P) 8. Prier to the release of a building permit, forty-five (45) feet of right of way, measured from the oenterline of ~each Road, shall be dedicated to and for the County of Chesterfield, frea and unrestricted. (Note: The Zoning Ordinance requires a minimum of thirty-eight (38~ 10 foot by 20 foot paved parking spaces 85-579 for the 7,500 square foot building. The plan submitted with the application fails to show a sufficient number of ~paces. Final site plans must reflect this requirement.) Vote: Unanimous 85S084 Tn Bermuda Magisterial District, ROBERT E. NAY requested rezoning £rom Community Business (B-2) to General Business (B-3) on a 0.64 acre parcel fronting approximately 100 feet on the east line of Jeffsa$on Davis Highway, also fronting approximately 280 feet on Wonderview Drive and located in the northeast quadrant of the intersection of these roads. Ta× Map 98-1 (3) ~alfway ~ouse Heights, Block 1, Lots lB, 19, 20, 23., 37, 38, 39 and 40 ISheet 32). Mr. Peele Stated the Planning Commission had recommended approval of the request subject to certain conditions. Mr. Morris Mason was present representing the applicant and stated they would request that Condition %1 require either a fence or planting for the rear buffer, There was no opposition present. ~r. Dodd inquired if there would be any outside runs. Mr. Mason stated there would be no outside runs, kennels or boarding except for the animals recuperating from operations as it is strictly a clinic. Mr. Dodd stated he did not want to see all of the Pike rezoned to B-3 rather than B-2. Mr. Peele stated if the clinic fails and n different use is requested, it will have to come back to the Board. Mr. MaSOn stated Dr. Nay already has two clinics operating at this time. Mr. Dodd requested that staff continue to monitor Rt. 1 and upgrade it. Mr. Dodd stated he would agree to a fence. On motion of Mr. Dodd, seconded by Mr. Mayes, the Board approved this request subject to the following conditions: 1. A thirty (30) foot buffer shall be maintained along the eastern property line. A solid board fence, having a minimum height of six (6} feet, shall be installed within this buffer. (P) 2. A six (6) ioot solid board fence shall be installed, where necessary, to screen any proposed or future outside storage areas from adjacent properny. (P) 3. In conjunction with final site plan review, a detailed landscaping/fencing plan depicting theae requirements shall be submitted ~o the Planning Department for approval. (P) And further the Board accepted the following proffered condition: There shall be ne outside runs or kennels. Vote: Unanimous 85S085 In Midlothian Magisterial District,' KOGER PROPERTIES, INC./JOHNSTON-WILZIS I,TD. requested rezoni~g from Agricultural (A) to Office Business (O} of 5.27 acres, plus Conditional Use Planned Development to permit use and b~%lk exceptions on this tract and an additional 4.44 acre tract zoned Community Business (~-2) on a parcel fronting approximately 480 feet on the north line of Midlothian Turnpike, also fronting approximately 1,390 feet on Johnston Willis Drive and located in the northwest quadrant of the iuterseetion o~ these roads. Tax Map ].7-6 (1) Parcel 2 and Part of Parcel 9 (Sheet 8). Mr. Peele stated the Planning Commiszi0n had recommended approval of the ~equest subject to certain conditions. ~lr. Charles Pike 85~580 ~as present representing the applicant and stated the conditions ;ere acceptable. There was no opposition present. )n motion of Mrs. Giron~, ~econded by Mr. Dodd, the ~oard ~pproved this request subject to the following conditions: The following conditions notwithstanding, the plan dated 4/16/85, and the textual statement submitted with the application, shall be considered the Master Plan. (P) Concrete curb and gutter shall be installed around the perimeter of all driveways and parking areas. Drainage shall be designed so as not fo interfere with pedestrian access. (EE) Parking areas shall have at least live (5) square feet of interior landscaping for each space. Each landscaped area shall contain a minimum fifty (50) square feet; shall have a minimum dimension of a¢ least five (5) teen; and shall include at least one {i) tree, having a clear trunk of at least five (5) feet. The remaining area shall be landscaped with shrubs, ground cover or other authorized landscaping material. The total number of trees shall not be less than one (].) for ~ach 200 square feet, or fraction thereof, of required interior landscaped area. Landscaped areas shall be located so as to divide and break up the expanse of paving. The area designated as required setbacks shall not be calculated as required landscaped area. Conceptual plans depicting this requirement shall be submitted to the Planning Department for approval in conjunction with final site plan review. Detailed plans shall be submitted to the Planning Department for approval upon completion of clearing and rough grading. (P) Within the required setback areas along Johnston Willis Drive, landscaping shall be provided. Landscaping shall include one (1) tree for each fifty (50) linear feet, or fraction thereof. The remaining area shall be planted with grass, ground covers or other landscape treatment, excluding pavement. Conceptual plans depicting this requirement shall be submitted to the Planning Department for approval in conjunction with final site plan review. Detailed plans shall be submitted to the Plans{ns Department for approval upon completion of clearing and rough grading. (P) At the time of schematic plan review for any development in Parcel 1, a landscaping and/or harming plan shall be submitted for the Midlothian Turnpike frontage. Within the requested twenty-five (25) foot setback exception area landscaping and/or berming, sufficient to screen the vis- ibility of driveways and parking ar~ss from Midlothian Turnpike, shall be installed. If the Planning Commission determines that the plan does not insure proper screening, the driveways and parking areas shall be set back the required fifty (50) feet from the Midlothian Turnpike right of way. (P) 5. Prior to erection of ~ny signs, a complete sign package, to include typical colors, sizes, lighting, etc., shall be submitted to the Planning Staff for approval. Signs shall comply with the requirements of the Office Business (O) District, unless modified by th~ Planning Staff through schematic plan approval. (CPC) ?. In conjunction with schematic plan review or approval, the developer shall submit a plan showing the following improvements and a phasing schedule for the improvements to VD~&T and the Transportation Department: a. Additional lane of pavement and curb and gutter along Route 60 for the eati~s length ef the property. These Vote: improvements shall be aooomblished prior to the issuance of any occupancy permits. b. Additional lane of pavement along Johnston willis Drive and signal modification at the intersection of Route 60 and Johnston Willis Drive, as deemed necessary by VDH&T and the Transportation Department. These improvements may be installed in conjunction with the phasing of construction. (T) (Note: These improvements may necessitate dedication of additional right of way.) Other than the access points shown on the Master Plat, there shall be no other access to Route 60 or Johnston Willis Drive. The westernmost access to Route 60 shall be designed and Constructed to be shared with adjacent development. This access shall be designed to preclude internal/external trafiic congestion. (T) Unanimous 85S092 In Matoaoa Magisterial District, P~OPLHS BANK OF VIRGINIA requested rezoning from Agricultural (A) to Office Business (O) with Conditional Use Planned Development to permit use (bank) and bulk (setback) exceptions on a 1.0 acre parcel fronting approximately 150 feet on the south line of Iron Bridge Road, also fronting approximately 200 feet on the west line of Beach Road, and located in the southwest quadrant of the intersection of these roads. Tax Map 95-8 (1) Parcel 43 (Sheet 3I). Mr. Dodd disclosed to the Board that he owned stock in Peoples Bank of Va., declared a conflict of interest pursuant to the Virginia Comprehensive Conflict of Interest Act and e~cu~ed himself from the meeting. Mr. Peele stated the Planning Commission had recommended approval of the request subject to certain conditions. Mr. Skitch Rudy was present representing the applicant. He stated they have reviewed the staff report and submitted requested changes to conditions 3 and 6 but are in agreement with the remainder. Ne stated this particular plan and building will nail down the corner as to the f~ture development and will set the %one for future development; it will be in total harmony with everything else that is there and it will be a $750,000 banking headquarters; etc. He stated the setback exceptions are necessary and essential to the plan because of where the septic tank drainfields are located, ~e stated the way it is sitting on the corner '~s the only way that it can be located on this site. Ne stated the building has been designed so that the front and rear will look exactly the same and will not deter from any development O~ the adjacen~ property. He stated the changes reflect what he felt the Planning Commission's thoughts were at the time they made their decision. Mr. Mayes inquired what staff's comment were regarding the proposed changes. Mr. Peele stated he was not at the Planning Commission meeting; however, he understood ~he two conditions were debated and the Planning Con,mission consciously left them as prepare~. Mr. Applsgate inquired if the Board could legally require the owner to negotiat~ with the developer of other property as the condition suggests. Mr. Micas stated that he could not tell from the staff report if Condition 3 was included. Be stated that he felt the applicant's proposed Condition ~3 w~s so vague that it was inappropriate and required a personal comr~itmeDt tha't is outside of normal zoning. Mr. Daniel stated ~xe fe].l this was Similar to the Builder's Supply case with regard to when other property is developed, Mr. Micas stated that was a definitive condition that related to land use and this 'talks about a personal duty to negotiate that may 85--582 NOt go anywhere. Mr. Rudy stated the original condition stated ~hat they had to deal with whomever came in and developed the )roperty and if it was decided that the entrances and exits had ko be changed~ they would change them. He stated the Planning 2ommission felt that imposed too great an imposition on this oarcel. He Stated that in lieu thereof the applicant is willing ~o work with the adjacent developer and, if a satis£actory agreement is possible, they will share accesses. He stated that it is not the same as the Builder's Supply case but it was what the Planning Commission was satisfied with. He stated the other part of the condition which they left out was where this ~eveloper shows how this acre fits into the other 100 acres that are there. He stated that is imposing something on them that they have no control over and should be left out. He stated Condition 6 makes it clear that there would be a 15 ft. minimum setback for the drive-in window lane from Route 10. Mr. Applegate inquired about th~ setback off of Beach Road. Mr. Poole stated the parking and driveway areas are 15 feet and for the building is 30 feet. Mr. Applegate inquired about plans for widening Beach Road. Mr. MoCracken stated there is a project in the current budget, it will still basically be a two lane road but there will be widening at the intersection, He stated the right of way shown ia anticipated to be the ultimate. Mr. Micas stated it was his opinion that Condition #3 is legally inappropriate because it creates a vague personal commitment in the future. He stated th~ ~oard could do as they did in the Builder's Supply case where a certain land use is demanded. Mr. Rudy stated if Condition %3 is eliminated completely, they will still do what they indicated they would. Mr. Peele explained the initial conditions and the revised conditions by the 91anning Commission for 3 and 6. Mr. Rudy ~tated if the first sentence is eliminated, the amended condition and his proposed condition say the same thing. Mr. Micas stated that he has indicated his objection to the proposed Condition %3. Mr. Poets stated that staff would prefer that the amended Condition #3 be sustained because of potential traffic and circulation difficulties. Re further explained Condition #6. ~r, Rudy stated the plan is the only way the building can be situated on the site and there is no sense in getting a schematic plan ready that takes into account the 15 ft. setback if they don't know whether or not that exception on that setback is to b~ allowed. ~e stated that ~r. Belcher made his motion to make sure that the setback was obtained because it was essential to the plan and he disagrees with staff's interpretation of the motion at the Planning Commission meeting. Mr. Peele stated that he felt the Planing Commission wanted to reserve the ability to look at the landscaping plan to see if that was an acceptable tradeoff for the setba0k. Mrs. Thee Cogbill, an adjacent property owner, was present and requested a 30 day deferral to allow her %o properly review the plans with the developer. ~he stated there had only been one week to review the plans and she would like the 30 days to incorporate how her property could be developed with this, the effect of this development on her property, etc. She stated concerns about the four foot setback from the right of way on the drive-in window which she has briefly noticed in her review. Mr. Peele explained Condition ~7 to which Mrs. Cogbill alluded. Mr. Will Carnes stated that it is very important to mtart the plans for the bank and there is no other way to situate the building on the lot. He stated this is the plan or there is inothing that can be done. He stated this will be an attractive building and an asset to the area a~d 'there have been numerous reviews on how to situate the b~lildin9. Mr. Daniel stated that drainfields and septic systems have dictated where the building, driveways, etc. must go. Mr. Applegate inquired if 'the applicant could agree with the Planning Con~aission cond~tioss. ~r. Rudy stated if the set back on Condition %6 is changed, they ~euld live with Condition #3 but they did not feel planning it :into the 100' acres is reasonable as they have no control over the iother parcel. Mr. Daniel stated that Mr. Rudy has pledged his good faith in this matter. There was no opposition present. Mr. MayeS stated he felt the concerns expressed by 51rs. Cogbill dealt with the future of her property. ~rs. Cogbill stated she felt the plans for the building were too large for tbe parcel of land on which it would be built, Mr. Rudy stated the plans could not be reduced to house the operation that they have planned. Mr. Daniel stated they could prepare a plan for the other preperty that may not mean anything. Mr. Zook stated the concern of staff was for access and the adjacent road system and parking in the future but not with what will be located on the parcel. Mr. Rudy stated that he would like the Board to eliminate Condition %3. F~. Mayes moved, seconded by Mr. Daniel, that this request be approved as reconumended by the Planning Commission. There was further consideration and it was on motion of Mr. Mayes, seconded by Mr. Daniel, resolved that the motion be amended so that this request be approved subject to the following conditions: 1. The following conditions notwithstanding, the plan prepared by Baskerville & Son, revised 6/18/85, shall be considered the Naster Plan. (P) 2. The structure shall have a colonial architectural style similar to the sketches prepared by Baskerville & Son, dated 4/25/85. In conjunction with schematic plan review, colored elevations or renderings shall be submitted to the Planning Commission for approval. (P) 3. Concrete curb and gutter shall be installed around the perimeter of all driveways and parking areas. Drainage shall be designed so as not to interfere with pedestrian traffic. (~E) 4. The drive~in window lane shall have a minimum setback of fifteen (15) feet slong Route 10. A landscaping plan taking this requirement into consideration shaI1 be submitted to the Planning Commission for approval in conjunction with schematic plan review. 5. A thirty (30) foot building setback and a fifteen (15) foot parking setback shall be maintained along Beach Road. The drive-in window lane shall have a minimum setback of four (4) 'feet from Beach Road. (CPC) 6. Othez than directlenal/$af~ty signs, there shall be no more than one (].) !reestanding sign permitted. The freestanding sign shall i. 3s depicted in the renderings submitted with the applicstJ~,r~. A building mounted sign shall be permitted at the rear o~ the building to identify the tenants. Signs shall blend with the ar=hitectural style of the development. Prior t~. erection of any signs, sign renderings, sizes and locations shall be submitted to the Planning Co~m%ission for approval. No o'tber advertising signs shall be permitted. (CPC) 7. Prior to obtaining a building permit, r:ioht of way shall be dedicated along Beach Road to accomplish a minimum total right of way of seventy (70) feet. 8. Additional paven~nt and curb ~nd gutter shall be installed along Be~ch Road and Ruut~ 10 to accommodate turning movements. (~) 9. The developer shall bear the cost of any necessary signal modification at the intersection of Route ]0 and Beach Road. (T) 85-584 Prior to obtaining a building permit, a ten (10) foot utility easement shall be dedicated to and for the County of Chesterfield, free and unrestricted, for a future public water line along the westernmost ninety (90) feet of the Route 10 frontage. (U) Ayes: Mr. Applegate, Mr. Mayes, Mr. Daniel and Mrs. Girone. ~bsent: Mr. Dodd. Mr. Dodd returned to the meeting. Mr. Applegate excused himself from the meeting. 85S094 In Dale Magisterial District, COUNTY OF CHESTERFIELD UTILITY DEPARTMENT requested a Conditional Use to permit a public utility (water pump station) in a Light Industrial (M-l) District on parcel fronting the south line of Whitepine Road, lying 2,100 feet more er less from Route 10. Tax Map 79-6 (3) Industrial Park, Part of Lot 11 and Tax Map 79-7 (2) County Airport, ~art of Lot 1 (Sheet 22). Mr. Poole stated th~ Planning Co~ission had recommended approval of the request subject to certain conditions. Mr. Welchons was present and stated the conditions were acceptable. There was no opposition present. On motion of Mr. Daniel~ seconded by Mr. Dodd, the Board approved this request subject to the following conditions: 1. The following conditions notwithstanding, the plan titled "Schematic of Airport Pumping Station," dated June 27, 1985, shall be considered the plan of development. However, the proposed facility shall be relocated to the far southeast corner of the site and th~ f~nce shall be located no closer than twenty-five (25) feet tO the eastern property line and thirty (30) feet to the southern property line. Th~se setbacks may be modified by Planning Staff at the time of site plan review if the spirit and intent of the condition is met. 2. Only the area necessary to accoma~odate th% proposed drlvew~y, parking area, pumping Station, and utilitie~ shall be cleared. All other e×isting vegetation ~hall be maintained So as to mimimize the view of the facility from adjaceht properties as well as Whitepine Road. Within thirty (30) days of rough clearing and grading, the Planning Department shall be contacted to inspect the buffer area. Upon inspection, if it is determined that existing vegetation is not sufficient to screen this use, additional planting may be required. (P) 3. The proposed structure shall be as depicted in the elevations prepared by Wiley and Wilson, dated 6/21/85. Specifically, the proposed structure shall employ split block facades and all trim shall employ mubdued colors. Prior to erection of the building, an elevation and color samples shall be submitted to the Planning Departn~nt for approval. (P) Ayes: Mr. Mayes, Mr. Daniel, Mr. Dodd and Mrs. Girone. Absent: Mr. Appleg~te. Mr. Applegate returned to the meeting. 85--585 85S100 In Dale Magisterial District, MARCO MACHINE AND DESIGN, INC. requested a Conditional Use, Planned Development to permit bulk exceptions (setbacks~ in a Light Industrial (M-l) District on a 3.0 acre parcel fronting approximately 230 feet on the northeast line of Whitepine Road, approximately 850 feet west of whitebark Terrace. Tax Map 79-2 (3) Chesterfield County Industrial Park, Section A, Lot 2 (Sheet 22). Mr. Daniel inquired if Marco Machine and Design produced tobacco machinery. Mr. Cole stated they are a general machine company. Mr. Peele stated that the Planning Commission had recommended approval of the request subject to certain conditions. Mr. Marshall Cole was present and stated the conditions were acceptable. There was no opposition present, On motion of Mr. Daniel, seconded by Mr. Dodd, the Board approved this request subject to the following conditions: i. The following conditions notwithstanding, the plan submitted with the application shall be considered the Master Plan. (P) 2. In conjunction with the granting Of this request, a twenty (20) foot exception to the thirty (30) ~oot corner side yard setback rmquirement shall be granted. (P) 3. Within the setback along the E~ergency Access Road, ornamental trees and shrubs shall be planted. In conjunction with final cite plan review, a detailed landscaping plan shall be submitted tO the Planning Department for approval. (P) In conjunction with the granting of this request, the Planning Commission shall grant schematic plan review. (P) (Note: Prior to obtaining a building permit, detailed site plans and building elevatione must be approved by the Planning Department.) Vote: Unanimous Mr. Mayes requested that the staff reports from the Planning Commission be ~dified so they are easier to understand. 10.~. OPRRATION OF IRONBRIDGR ROAD ~OLID WASTR DISPOSAL FACILITY Mr. Applegate stated that when the landfill issue was handled this morning the effective date was not addressed for the changes made. He stated independent contractors bill quarterly and he understood the Chester Landfill will be ulosed at the end cf August. On motion of Mr. Dedd, seconded by Mr. Daniel, the Board amended its m~tion earlier this date and set the effective date of the landfill changes to be September 1, 1985 including fees and hours of ~j/*eration. 11. ADJOURNMENT On motion of Ar. Daniel, seconded by Mr, ~ayes, the Board adjourned at 6:00 p,m. un~il 7:00 ~.m. on ~%guet 14, 1985. Vote: Unanimous Rieh~/L; Hedrlc~ County Administrator