05-27-1992 Minutes~O~x~ OF S~P~V~SOP. S
Fay 27, t992
Mr. ~arry ~. Daniel~ Chairman
~_r. Arthur $. Warren, Vice Chrm.
M_r. Edward B. Barber
~lr, Wheley M. Colb=r~
Mr. ~. L. ~cHnle, III
Mr. Lane B. Ramsey
County Administrator
M~. Barbara Bennett, Acting
~XeC. A~st. ~o CO. Admin.~
Dir., Office on Youth
A~t. Co. A~mln.,
Legis. Sves. and
Building Official
Mr. ~ichaal Golden, Acting
Deputy CO. Admin.~
Hr. william ~. Hewell~
Dir., Planning
M~. Mary LO~ Lyle,
Dir., Accounting
Mental ~ea~th/~u~al
Retardation
Deputy CO, Admin.,
Human Services
Mr. R. John McCracken,
Dir., Transportation
Dir., Bnv. Engineering
Caunty Attsrney
Dir., News & Public
Information Serv~ce~
Mrs. Luci~le Moseley,
Acting Cl~rk to the ~oard
Dir., ~udget & Management
A=ting Deputy Co. Admin.,
Dir., Utilities
Mr, Da~iel called the regularly ~ehed~led meetin~ to order ~t
92-423 5/27/92
On ~etlon cf Mr. Colbert, seconded by Mr. Warren,
approved ths minu~sa s~ Hay 13, 1992, as amended.
Vote: Usanimou~
the Board
th~ Utilitla~ Department, who wa~ ~el~ted from a field of 179
her supervisor would be flown to Atlanta as guests of Itron,
wh~re she would be Dresented =he award.
~, Masden stated t~e aeq~isitio~ and development of
clover sill spores complex was still remaining from the
Bond Referend~ and staff had arranged the ufe of a sits
o~iginally planned ~or a middle a=huol adjacent to Proviianu~
El~entary ~chool to b~ developed for thi~ project. He noted
and Psychiatrist for the Depar~ent of ~ental Health/~ental
R~tardation/Subatan~a Abuse ~rvice~, and stated Dr, Mishra
had recently received a national award from th~ National
Alliance for the Mentally Ill in recognition of her exemplary
and their families. D~, Lowe, Director cf Mental
Heal=h/Hental Retardation/ ~ubatance A~ae Services,
~ongrat~tated Dr. Mishra on receivinq ~e award and noted the
~atlonal Alliance consiste~ of parents and relatives
letter to Dr. ~ishra from ~r. Ramsey in which she ha~ been
The Boa~d exp~esged app~eciaticn to M~. Earp end Dr. Miuhra
for distinguishing ~he County wit~ ~e ~O=e~ awards.
Department of Historic Resources for the State of Virginia.
Mr. Miller exDressed appreciation to those involved in the
nomination of the landmark status for the Chesterfield
the Board had defined the Cour~ouse and courthouse squar~
a historically significant place. He p~e~ented t~e Virginia
Lan~ark~ Register ~laq~e to the Board and
appreoia=ion for formally recognizing ~e historical l=ndmark.
Mr. Daniel and ~. Moseley, on behalf of the cowry, accepted
~he plaque and stated t~e designation would preserve the
history of the Courthouse Complex.
Hr. Me. Hale stated the School Beard/Board of S~p~r¥iuoru
Liaison Committee have been discussing the consolidation of
sol-vices between County Ad~iniutrution and School
h~mini~tration and they had ag=eed ts proceed with
implementing areas of the fleet management, mail and courier
tho County and schools and one citizen a~Dointed by each Board
su~ortlng the action taken by the Liaison Co~ittee.
92-424 5/27/92
civic and ProgressiYe Action A~ociation of the Matoaca
Magi~terlal District at Virginia State University; that he had
toured Eppington Plantation; that he had attended Armed Forces
Day at Fort Lee; and that he had appeared o~ ths.'~County
Call-Ih" PrograM.
~lr. Warren stated he felt ~iqnificant etrides had been made in
the area of ssn~olidatlon by the County and Sshoela and
i~dioated his desire to proceed with i~plementing =he outlined
services. He noted he had appeared on =ho "county Call-In"
Program with /~r. Colbert.
~ir. Daniel stated he had attended th~ Riehmon~ Region~al
Planning District committee and Metropolitan Planning
Organization IN~OI m~eting and note~ the ~oard would be
receiving changes in the bylaw~ and p~ocedures from the MPC.
co~iss~on neet~ng and had also visited Washin~on with th~
the Natio~at Per,churl Nanag=ment Association meeting where
~. Alwyanrea, Director of ~rsonnel from Gloucer~hira, Gram=
Britain, ~ad presented the County with a painting.
4. ~d~OUEST$ TO POST~ONEACTION. ~9~ERGEN~YADDITIONS OR
On motion of ~. ~c~ale, ~uunded by Mr. Colbert, the Board
moved Item 7., Deferral of Stre~tliqht Installation cost
Approval~ to follow Item ~.C., Appointments; d~ferr~d Item
6.A.~ Con~d~ratlon of Pro~o~d Policy Regulating Non-school
Use of P~lic Schools for ~ 19~/93 school Year ~n~il June
1O~ 1992; a~ded I=am 6.E.15.~ Refer to the Planning co~ission
an Ordinance Relating to the Granting of Variances For
Property Zoned Under the Old Zoning Ordinance and, adopted the
agenda, as ~ended.
5_A_ ~9~i~IAL ~ PROFF~ FACILITY COST
~. Steamier stated when th~ Beard implemented the Cash
Proffer Policy, staff had bmsn tnstructe~ to review annually
the calculation~ used ~o det~min~ th~ cost of selected public
facilities related to grow~ and report to the Board on any
revised calculations. He reviewed th~ c~rren~ Policy
including ~he amounts per lot being $3,000 if paid on 0r prior
Supervisors not to exceed $4~000 per lot if paid between July
1, 199~ and June 30, 1993~ and the amo~= approved by
upward by any increase ~n ~$ ~r~ha11 and Swif~ B~il~in~ Cost
Index ~twee~ July t~ 1992 and July I of the fiscal year in
then ~vi~wad the FYP3 S~a~y of Net Co~t Calculations
including schools, parks, libraries, fire stations and road~
~orth a~d south of Rout~ 960 a~d no%ed the amounts were net
stated at a previous work session in ~anuary, ~taff
reviewed the cash proffer ~o~ula, mm~hodol0gy, calculations,
continued i~plementat~on of t~ Ca~h Pro,far ~olicy the Board
had previously adopted. When aske~, he state~
compared to ~ net ~o~t amounts id~n~ifi~ and
methodology use~ had determined ~e net co~t which was lower
than that net co~t b~ th~ Board could acue~ cash proffers
92-425 5/27/92
to $5,500 per dwslling unit. He noted staZ~ was currently
analyzing the fa~tor~ involv~ for aDalysi~ cna ¢~e by case
basis.
Discuoeion, comments and questions ensued relative to the
proposed policy; development or graph paying for itself; and
developers proffering ~o~e than the existing cash proffer
rate.
Mr. McHale made a motion, seconded by Mr. Barber, for the
~oard to continue implementation of th~ Cash Proffer ~olioy
and increase the per lot amount up to $4,000 for all
a. $3,000 per lot if ~aid on or prior to June 30, 1992;
or
b. The amount approved by the Board of supe~visors not
to exceed $4,000 per lot if paid between July 1,
1992 and June 30, 1993, inclusive; or
c. The amount approved by the Board of Supervisors not
exceed $4,000 per lot adjusted upward by smy
increase in the Marshall and Swift Building Cost
Indm~ between July 1, 1992 and July 1 of the f~ooa]
y~ar in which the payment is made if paid after June
30, 199~.
Mr. Warren noted there had been considerable discussion and
me.tingE wfth the previous Boar4 of Super~igcrs and Planning
Commission regarding the policy and input had been received
through the public hearing process.
After brief discussion, Mr. Danlel called for the vote on the
motion made by Mr. McHale, seconded by M~. Barber, for the
Board to continue implem~n~atlon cf the Cash ~roffer Policy
and increase the per lot amount up =0 $4,00S fo~ all
facilities, as indicated, to become e~fecti~e July I, 1992:
a. $3,000 per lot if paid on Or prior to June 30, 199~;
b. The amount approved by th~ Board of Supervisors not
to exceed $4,G00 per lot if 9aid be=ween July 1,
1992 and June 30, 1993, inclusive; or
c. The amount approved by the Board cf Supervisors not
e~ceed $4,000 per lot adjusted upward by any
increase in th~ MarEhall add Swift Building Cost
Index be=ween July 1~ I992 and July ~ of the fiscal
year in which the payment is made if p=id after June
3o~ 1993.
Vote: unanimous
Mr. Hammer stated the Board had requested a review of the
current Land Use Assessment Program and options available in
changing the Program, E~ reviewed the his%cry cf the current
Land Use Assessment Program and the pumpose cf the Preg~em,
(b~ing to ~nceuragc preservation, conserve natural resources,
preserve scenic beauty and o~en spacu and to promote u
balanoe~ economy to preserve agricultural, horticultural,
fores= or open opace). He then reviewed ~ajor change~ in the
~rogram by the State and tbs County; the present requirements
of the P~cg~am; the categories subj eot to a "roll-back"
provision that apply when a property changes in use or is
rc~oned; and the land use parcels by district. Whe~ a~ke~, he
~tate~ there weze no applicants £or the open space category.
92-426 5/27/92
~e then rsvi~w~d the options available %o change the Proqram
such as dalstlng the use of the fere~fry classification with
th~ only p~rmit~e~ use being agricultural; delineating
property that weald qualify for land use taxation a~ these
properties that are on the comprehensive plan a~ agricultural,
forestry or open space; or restricting a land owner from
having no more than cns hundred acres in the Program. He
noted a p~blic hearing had been scheduled for the June 10,
two if the Board elected to ~odi£y the Program.
Discussion, ce~ents and quest~on~ ~n~ued relative to
requirements for op~n ~paoe; stand~rd~ adopted by legislation;
and whether citizen~ would b~n~fit from a contra~ for open
s~aoe as opposed to forestry.
Mr. Colbert made a motion, s~conded by Mr. Warren~ for the
=nd to suspend th~ public hearing scheduled for June 10, 1992.
Mr. Mica~ advised %he requirements for advertising the June
~0, 199~ p~bliu hearing hm~ been net an~ if it was the
in=ention of the Beard to discontinue the p~IXc h~arinq on
June !o, 1992, the motion ~o~ld be amended to reflect the
Board's intention to discontinue th~ pnb~i¢ h~aring at the
June 10, 1~92 mee=ing.
Mr. Barber s~a~ed hs felt the public hearing proces~ should be
followed and noted public heariDgs had no% b~en held r~arding
the topic. ~r. Ramsay clarified public h~aring~ had bean held
regarding the original implementation of the Program.
~. Colbert statsd he had received approximately 64o letters
from citizenm re~es~ing the Land U~e Assessment Program to
re--in the same.
~. Warren ~tated h~ ~lt ~h~ Pro,ram should remain the ~ame
and ~e philosophy of the Program was to retain land in
further ~tat~d he felt additional info--etlon was needed for
the Board to consider amending the Pro, ram, that he had not
received any ne~tiv~ input regarding the Program, and that
the Pzo~am had been adequately addressing the preservation/
protection of land.
~. Daniel ~tated he felt a system wa~ needed to encourage
proper land us~ and he did not fesi any benafit~ would be
d~rived fo~ the County in changing th~
to creative al=~rnativem,
~. Barber ~ta%ed he felt there was a ce~tuin amount cf tax
revenue that land use properties were not genera~in~ and
Boa~d ~hould analyze the policy although ~e ~nd result may
still be not tO change the Proqr~. M~ S~rther mta=ed the
Program had b~en in existence since 1977 and the public
hearing would b~ beneficial in receiving
~en asked, Mr. Micas stated all Darc~l~ of land were reviewed
by the Assessor to assure compliance with the law.
a~alyzed wi~out holding a public hearing and the Board could
readdr~ ~ i~SU~ at such time when a formal ~roDosal was
prepared.
92-427 S/~7/92
Mr. Warren concurred with Mr. Daniel and stated the committee
on %he Future or the Planning Commissiun euuld be instructed
to study the land use taxation i~u~, to hold public hearings
and to bring reoommendatlons to the Board. He no:sd he had
received numerous letters from citizens requesting the Prograi~
There was brief discussion relative tc the Committee on the
~Lr. Barber indicated he felt the Land Use Assessment Progra~
~hould continue to be addressed by staff.
continue to be analyzed by staff and ~he issue could he
brought back to thc Hoard when a proposal had been formalized.
He no,ed ~he Board Gould hold distri¢~ meeting~ to disGus~
this issue.
There wa~ brief di~cu~sion relative to the advertising of the
Land Use Assessment Pro~ra~ and whether the public hearing
should be h~ld on June 1O~ 199~.
~r. Daniel called for the vote on t~e motion made by Mr.
Colbert, seconded by Mr. Warren~ for the Board to keep the
public hearing scheduled for June 10, 1992,
Ayes: M~. Daniel, Mr. warr=n and Mr. Colbert.
Nays: Mr. Barber and Zr. MeHale.
6. Rzw BU$I~SS
C(~P~NY I~OR EX~ANSIONANI~ L~GPJkO~NG OF ~ P~S ~
~r. Stith ~tate~ staff w~s r~que~ting ~he Doar~ awar~
oon~=ruc=ion contract to Pizzagalli Construction Company for
e~ansiun and upgrading of th~ 9roctor~ cr~k
Treatment Plant. He further stated the Plant re~ired
development wi~n the Co~ty and the degree of t~eatment
Water Quality Management Plan and nutrient removal facilities
~ust be provided. He noted five bide had been re~eived and
Pizzagalli Const~ctiun Company was the low bidder and funding
for the project was included in th= capitol
Mr. McHale made a ~otion, ~econded by ~. Colbe~, for the
Board to awar~ a con~%ruc~on contra~t to P~zzaqalli
Con~truction Company, in the amount of $29,$59,215, for
expa~sio~ and u~gradlng o~ thm Proctors Creek Wastewater
Treatment Plant and to authorize the County Administrator to
~r. Warren in, ired if the Company was licensed in virginia.
gone =hroug~ t~e p=ocur~men~ ~rocem~ consistent w~th
~c~irements of ~ P~chaming Department.
Mr. Barber r~cognized Mr. Sti~ in his po~itlon as Acting
M~ate, seconded by ~. Colbert, for %he Board to award
construction contract to P~zzagalli Construction company, in
the amount of $~9,859,215, f~r expansion and upgrading of ~e
(It i~ noted said funds will come from the Capital
6.C. AFPOINTM~NTS
6.C.1. Cable Televisipn. Franchlse RenewaX Committee
Mr. KcHale and Mr. Colbert req~est~ ~grmuda and ~atoaca
samima=ions bo the Cable Television Franchise Renewal
Committee bo defsrred.
On motion of ~Lr. Warren, seconded by Nr. Barber, the Board
appointed the following persons to ~erve on the Cable
Tsl~viaion Franchime Renewal Cs~tmittee, representing the
following districts, and whose t~rmm are ~ff~etive i~e~iately
and will be at the pleasure of the Beard:
Mrs. cynthia Haa~e
Mr. Tommy Hawkinm
Mrs. Sharsn Appish
District
Dale
Clover Hill
Midlothian
And~ furth~r~ th~ Board deferred nominations for Ben,da
~toaea Districts ~o the Cable Television Franchise Renewal
Committee until June 10, 1992.
Mr. Daniel ~tated he had received the resignation of
Joseph Biggs, re~remen%ing Dale District on th~ Committee on
the Future and requested thc ~oar~ to accept hi~ resignation.
On motion s~ Mr. Daniel, ~eecn~ed by Mr. MeHale, the Board
accepted the ~@signation cf Mr. Jomeph Bigg~, r~presenting
Dale District, on the Committee on the Future.
Vote: Unanimous
On motion of M~. Daniel, seconded by Mr. McHale, the Beard
suspended it~ rule~ to allow simultaneous nomination/
a~pein=ment at thi~ t~e of Kenneth F. Hardt, E~qui~e,
representing Dale District, to serve on the committee on the
Vote: Unanimous
On motion of Mr. Daniel, oaconded by Mr. McMale, the Board
nominatod/a9pointed Kennet~ F. ~ardt, Esquire! representing
Dale District, to serve on the Committee on the Future,
term is effective immediately and will ~e a= t~e pleasure of
Vote: Unanimous
T~e~e was brief discussion regarding the nomination/
Consolidation Committe~ a~d i~ was generally agrcs~
92-429 5/27/92
On motion of Mr.
approved the £ollcwing stres= light installation costs
·aid funds ek-~ond~d fro~ the designated distriot~:
BERMUDA DIS RICT:
· Whitley Street, vicinity of dead end
Colbertr seconded by Mr. Warren, the Board
with
Cost to install light:
* Intersection of HaTrowgate Road and Stoney Creek
Parkway
Cost to install light: $337.QQ
CLOVER HILL DISTRICT:
* Intersection of ~elissa Mill Road and Queen
Elizabeth Avenue
Cost to install light: $2,121.00
DALE
* Intersection of Dane~ Court (E & W) and South Jessup
Road
Cost to in,tall light: $662.00
/4ATOACA DISTRICT:
* Intersection of Mull Street Road and Speeds Drive on
Cost to install light: $311.00
* Intersection of River Road and Trojan Drivs
cost to in,tall liqht: $~46.00
approvals for the intersection of Red chestnut Court and Red
C~estn~t Drive end the ~id-point of Red Chestnut Drive, i~
Clover Hill Magieterial District, until June 10, 1992 and
denied the following ~treetlight installation cost approvals
in t~9 ~atoaca ~agisterial District:
Vicinity of 4306 $8ck~ Lane
* Vicinity between 20g05 and 20807 Sasha Court
* Viclnity of 20904 Sasha Court in
* vicinity of 20~12 Shaker Drive
* vicinity of ~0805 s~a~er Drive
vote: Unanimous
6.E. CONSENT
~.E.1. RESOLUTTONS AND S~ECIAL RECOGNITIONS
On motion of l~-r. Colbert, seconded by Mr. McHale, t~e Board
adopted the following r~solu~ion:
W~RF3%S, Coach Glen R. "Do%oh" ~¢hre~enboer ham serve~
the County of Chesterfield for approximately ten years in the
PhyEical Education Department at Lloyd C. Bird High School;
W~EREAS, Coach Schrotenboer retired from the Chesterfield
Coug~y ~chool System on March 30, 1992; and
92-430 5/27/92
WI-IEP,~AS, bringing hi~ chosen career the highest l~v~l
character, dedication and good sportsmanship, Cnach
Scb_roter~oer has instilled the $~m~ val~e~ in all his students
and players; and
WHEREAS, Coach $chrotenboer has been a highly successful
football coach having reached the commendable level of eighty-
fo~ victories for the Lloyd C. Bird Skyhawks; and
WI{EIL~%S~ Coach $ehrot~nboer's dedication to physical
~ndefeated ~eason in 1987; and
~E~S, in 1991, Coach Schrotenboer led ~e Lloyd
~ir~ Mkyhawks to ~eir finest season, winning the District and
Regional Cha=pionships as well am receiving first runner-up
~e State Championship and receiving the hiqhemt award ever
attained by any high muhuul within chemterfield County.
NOW, TH~EFORE BE IT R~SOLVED, that the
Cowry Board of S~pe~imors wish~s Couch Glen R. "Dutch"
Su~ote~oer the best in his retiremen= an~ would like him
leader~ of tomorrow will be cherished and never forgo=ten.
Vote: Unanimous
6.E.l.b. MI~. J]~MY F. SI~L~I=I'.. ']~QI6AS
On notion of Mr. Colbert~ seconded by ~r. McCall, the Board
adopted the Sol!owing resolution:
~E~S, Mr. Jify F, Sublett served the state of
Virginia for over ~irty years and in that ti~e, ~he County
~st~rfield for over fourteen years; and
~E~S, ~. Sublett was Assistan= Principal of Thomas
Dale ~igh School for one year and iB th~ ~apaQity o~ ~rincipal
for ov~ thirteen y~ars; and
~AS, Mr. Sublett's dedication to adademic improvement
resulted in Tho~a~ Dal~ ~igh School having gained the
r~puta~icn of being one 0f the finest academic inztitutions in
~e S~ate of Virginia; and
~S, Mr. Sublmtt's co,lament to ~e fins art~ helped
~S, ~. Suble~'s su~ort of athletics helped
provide Thomas Dale Migh ~choQ1 with an enviro~ent of
was Coupled with not just winding b~t also the value of
sportsmanshi~ and applyln~ athletic o0~petition to life in the
real world; and
~E~AS, Mr. Zublutt wa~ successful in e~gabli~hin~
~omDuter ~iting lab fo~ ~tude~ts in English classes; and
~E~S, ~. S~blett w~s instrumental in obtaining
lab~ to e~hance the educational environment and offerings
~E~S, ~. Sublet% wa~ ~n~t~um~nCal in establishing
~SA, ~orkinq for the betterment of Thomas Dalo ~igh School
and its stu~n~$j and
Awareness, ~ school/bu~ines~ par~nershi9 with Phili9
USA, s~arted;
92-431 ~/27/92
WHEREAS, Mr. Sublett worked diligently to obtain the Carl
Perkins Grant in order to esta~llsh a ~tate-of-the-a~t
Macintosh lab to aid in the educational process of the
students of Thomam Dale High ~chool~ and
WHEREAS, Mr. Sublett has provided leadership and
stability to his peers through service on various committees,
eo~ncils and associations; and
WHEREAS, Mr. Sublett's leadership helped guide the
sducational mission of the staff and studsnts and impacted in
a positive way the direction of the ¢om~unity as a whole.
MOW, T~EREFORE DE IT RESOLVE0, that the Chesterfield
County Board of Supervisors wishes Mr. Jimmy F. Sublett the
best in hi~ retirement and would like him to know that hi~
contributions to the school community and young leaders of
tomorrow will be cherished and never fore, item.
Vote: Unanimous
0U motion of Mr. Colbert, seconded by Mr. ~c~dale, the Board
approved a request for a permit by LaSslle Partners - Asset
Management Limited, Cloverleaf Mall, to stage a firework~
display at the Cloverleaf Kall in a v~cafit lot at the rear of
the mall property on the evening of July ~, 1992, which
request is ~bJect to approval by the Firs Department and the
County Attorney's Office.
Vote: Unanim0u~
On motion of Mr. Cclbert~ seconded by ~r. McHate, the Board
approv~ a r~usst for a permit hy Mr. Georgs F. Hoover to
stage a fireworks display on his property at 2 Bellcna
Arsenal, M~dlo~hian, virginia, ~$113 on July 4, 199~ (wi~h a
rain date of July 5, 199~), which request is subject to
approval by the Fire Department and the county Attorney's
Office.
Vote: Unanimou~
6.E.3. CORRECTION TO~INL~RS OPAPRTL 8. ~9~
On motion of Mr. Colbert, ~econded by Mr. MoBs!s, tbs Board
amended the minutss of the April 8, 1992 Board ~eeting as
the Board appropriate~ $~,OOQ from tbs Bermuda
uniforms and equipment.
the Hoard a~propriated $$,OOO ~rom the ~srmuda
~aseball Association to assist in purchasing
uniforms and eguip~emt.
Vote:
examination of Harrington Manor ix Q~eenspark, section I,
Midlothian District.
Upon consideration whereof, and on motion of Mr. Colbert,
seconded by ~r. McHale, it is resolved that ~arrin~ton Manor
in Q~eenspark, Section I, Midlothian District, be end it
hereby is established as a public road.
And be it further re~olved, ~kat the Virginia Depart2~ent of
Transportation, be and it hereby is requested to t~ke in=o the
intersection with Kobious Crossing Drive, State Route ~32~ and
distance, clear zone an~ dssigna=ed Virginia Department of
Transportation drainage easements.
T~is read s%rve~ 7 lo~m.
~uarantees to the Virginia Department of Transportation an
cuts, fills and drainage for th~ road.
This section of Queen,park i~ recorded as follows:
on ~otioD o~ ~r. colbert, seconded by Kr. ~cHale, the Board
approved a road name ehahqe in the Sommerville Development
changing the recorded name from O~ter~ale Roa~ to N. otterdale
Road.
Veal: Unanimou~
DEPARTMENT OF TR~NE~ORTITION TO A~PROVE INDU~TRY2~
ACCESS ~S ~R BLuEw~ ~TI~ ~.. ~ ~1
Meadowville Roa~ ~o ~rve 51ueprint Au=omatiun, ~nc. and Ernl
Components, Inc. ($73,35~ for matching funds, $91,300 in
unmatched fun~s, and $S0,0oo ~or const~otion ~on~ingencies).
Vote: Unmnlmous
On motion of ~. Colbert, $acon4e~ by ~. MoHalk, the Board
appropriated $373,350 in anticipated Virginia D~part~nt O~
Transportation (gDOT} f~d~. (It i~ nO~d rei~sement of
the $373,350 ~0~ ~OT is expected to occur in FY 1994-95 or
92-433
On motion of ~r. Colbert, seconded Dy 14r. MoHale, ti~e Board
an~hor{zed the County Administratur to enter into the
neceseary const~ctien sgreement~/ccntracts and permits with
the Virginia Department of Transportation, the developer and
industries in order to construct a new access road off of
~madowville Road to se~e Blueprint Automation, Ino. and Emi
Co~po~a~ts, Inc.
Vote: Unanimou~
On motion of ~. Colbert, seconded by ~r, Morale, ~ Boar~
a~t~orized staff to udvertlse a road con~tructlon contract for
Automatlcn, Inc. and Ernl Components, Inc.
Vote:
On motion of ~. colbert, seconded by ~. McHale~ the Board
a~op=~R =he following resolution:
~EREAS, Bluep~in= Automation, Ins. ham a contract
purchase propert~ within the River~ Bend Busines~ Center; and
$~,~S9,000 in capital inve~ent for lan~, b~ilding, and
manufacturin~ e~uipment and ~loylng s~v~nty-f~v~ 9adDle;
property within th~ R~v~r~ R~nd Bunin~ Center;
~ER~A$, Emi Components, Inc. plans to const~ct a new
in cupi=al investment for land, building and manufacturing
equipment and e~ploying s~venty-fiv~ people; and
and =mi Components plants will be located has no acoe~= ~o a
Ernl Components plants is e~pected to occur within t~ee
(~) y~ar~ of the Co~onwealth Trans~or~ation Bourd'~
allocation of funds for the construction of an acce~ road
their 9roD~r=y; and
WH~S, Chesterfield County hereby ~uarantees that the
necea=ary right of way and utility adjustments for th~ new
access road will be provided at no cost to the Virginia
NOW, T~EFORE BE IT RESOLVED, ~at %he Chesterfield
Transportation Doard to provide industrial ac~e~ funding to
facilities.
of Supe~i~ors h~reby agrees to provide a ~urety acceptable
~OT, to guarantee sufficient ~atifying capital inv~s~ent
92-434 5/27/92
OF D'I'gCARDI~) HA~RP~AL
On motion of Hr, Colbert, ~ec~nded by Mr. McHale, the Board
referred to the Planning Commission, for a public hearing and
of Chesterfield, 1978, us amended, by a~ending and reenacting
storage of discarded materlal.
Vote: Unanimou=
0n motion of ~. Colbert, s~conde~ by ~r. ~c~ale, ~e Board
set ~e date of June 24, 1992 at 7: 00 p.~. for a public
h~aring to con~id~r an ~rdinance to amend the Code of the
Co~ty of Chezt~fi~ld, 1978, as amended, by amendin~ and
reenacting ~ection 7.1-2 relating to the boundarlus of voting
precincts.
Vote: Unanimous
6.E.9. A~PRO%rALOF A ONE-YKARR]~IEWALOFTHE JA~L H~
On motion of Mr. Colbert, s~conded by ~, ~cHal~, the Board
awarded the Jail Health Service~ Agreement to Dr. Robert W.
Fry, in an amount not to e~d $~17,~00.00, for ~ one-year
renewal te~ s~bjact to amendments regard~n~ compensation and
funding fo~ the ~ontraot period July ~, 199~ ~rough June 30,
Vote: Unanimous
6.E.10. AUT~OI~I~ATION ~)R CO~K..~MINISTRA~R TO
S~ATION AG~ FOR INsTAr.T~ ~ION FEE
0n motion of Mr. Colbert, ~con~e4 Dy ~, ~c~ale, the Board
authorized th~ County Admlni~=r~tor to ~cut~ a subordination
m~s~em betwmmn the County an~ Qrady
Pridgen, subordinating th~ County's installmen~
oon=raot ~o th~ Pridgens' new first
Vote: Unanimou~
On motion of Mr. Colbert, seconded by Kr. Mc~ale, the Board
authorized ~he chairman of ~he Board ~nd the County
Adminiztrete~ to e~eeUte the convayanc~ Of a slope and
~rainage easement to th~ Virginia Department of
T~ansDo~tation. (It i= noted a ~opy of th~ plat is filed with
the papers of t~is Board.)
Vote: Unanimous
92-435 5/27/92
STA~0N
On notion of ~. Colbert, seconded by Mr. ~cKale, ~e Board
approved WastewateE Co~tract N~mbar 90-0412, for T~xaco
Station a~ follow¢, which proje¢~ includes ~e extension of
400 L.F.~ of B ~mch wa~tewater l~ne~ where ~40 L.F.~ of ~e
total 8 inch was~ewater extension is consldere~ off-site
imprcvement~ ~nbject to refunds ~nder the latest County
ordln~nce and authorized the County A~inistrator to exeout~
any necessary documents:
D~veloper: Star Ente~ri~
Contractor: ~. ~. Wilkins, Ins.
Contract ~ount: Estimated Total - $48,150.S5
Wastewater (Offsite} $ 1,465.20
Estimated Developer Cost: $46,68~.65
Code: (offsite) 5N-572VO-E4D
Vote: Unanlmou~
6.H.13. ~]~O~T TO OUI~CLA]]( ~RTIONS OP SIMEON F~
~A$~4T5 ACROSS PROPERTY OWNED BY ~OHNSTON-WILLIS
LIMITED
On motion o~ M-r. Colbert, seconded by Mr. McHale, the Board
authorized the chairman of the Board and the County
Administrator to ex~e~te a q~itctaim deed to va=ate portions
of slxtasn foot water easements across property owned by
Johnston-Willis Limited, A Virginia Corporation. (I% is ~ote~
a copy of the vicinity sketch i~ filed w~th the papers of th~s
Board.)
Vote: Unanimous
6.E.14. ACCEPTANCES OF PARCEI~ OF LAND
6.~-14.a. ALONG~ALFIZLDROAD FROM MS. MARY B. EADES
on ~otion of Mr. Colbert, seconded by Mr. McHal¢, the Board
~ary B. Eades and authorized =he County Admlnimtra%sr to
mxecute the necessary deed. (It is noted a copy ~f t~a plat
is flied with the papers cC this ~card.)
Vote: Unanimous
K.~.14.b. FOR POLOPLACEFROH B~J~RADE DEVEI~PMENT ~OMP~Y
On motion of ~. Colbert, ~C~nded by Mr. McHale, ~e Board
~ccep=~, on behalf of the County, the cunvmyance of a ~arcml
of land co,tailing 0.748 acre for Polo Plac~ fr~ Bellqrade
Dev~lopmen~ Company, L.P. and authorized ~ County
A~i~istrator to execute the necessary deed. (It is noted m
ropy of ~he plat i~ file~ with the papern of ~i~ Boar~.)
Unanimous
6.E.~. ~.TO '~'~ PLANNING
On motion of ~. Colbert, ~eoo~4ed by Mr. ~cHale, ~he Boar~
referred ~o the Planning Commimmion~ for a public hearing and
92-~36 5/27/92
April 12, 19S9 enacting Chapter 21.1 and a~nding Chapter 21
by amending and reenacting Section i(D) of such ordinance
relating to variances from the development regulations
applicable to property zoned O, B er M.
Vote: Unanimous
There were nc bearings o£ citizens scheduled at this tine.
Mr. Ram~ey presented the Board with a report on the developer
water and oewer contrasts executed by the County
Administrator.
Mr. Ramsey presented the Board with a statue report on the
General Fund Balance; Re~ervm for F~ture Capital Prsjectz:
District Road and Street Light ~unds; Lease Purohases~ an~
$c~ool Board Agenda.
Mr Ramsey stated the Virginia Department of Transportation ha~
formally notified the County of the acceptance of the
following roads into the state ~eeondary System:
ABANDONMENT - (Effective 4-24-92) LEN~T~
Ro~te 687 (Statview Lane) - From 0.~9 mile North
· 0. EX~C~'F'I"VI~ SESSTON ~EANT TO SECTION ~.l-3~(A)(~).
On motion of Mr. Colbert, ~eoo~ded by ~r. McHale, the Board
2.1-344(a) (7)~ Code of Virginia, 1950, az amended,
consultation with le~al counsel regarding probable
in~olvlng Warren
Reoonvening~
on mo=ion of Mr. Colbert, seconded by ~r. Warren, thc Board
adopted the following resolution:
NM~A~, the Board of Rupervisors has this day adjourned
into Executive Session in accordance with a fok~al vot~ of the
Board, and in accordance with th~ provisions of the Virginia
Freedom of Information Act; and
WI{EP~AS~ the Virginia Freedsm of Ibformation Act
effective July 1, 19~9, provides ~er certification that such
Executive session was conducted in conformity with law,
NOW, THEREFORE BE IT RESOLVED, that the Board of County
Supervi~or~ dees hereby certify that to the best of each
member's knowledge, i) only public b~inee~ mutters lawfully
~2-437 5/27/92
exempted Stem open meeting requirements under the Freedo~ o£
Infoz-matlon Act were discussed in the Executive Yes,ion to
whic~ t~is certification applies, and ii) only such public
bu~ine~ ~atter~ a~ w~r~ identified in the Motion by which the
Executive Session was convened were heard, discussed er
considered by the Board, Ne member dissents from this
certification.
The Board being Dolled, th~ ~ot~ wa~ a~ fellow~:
M~. McHale: Aye.
Mr. Barber: Aye.
Mr. Colbert: Aye,
Mr. Warren: Aye.
Mr. Daniel: Aye.
11. DINNER
on motion of M~. Colbert, seconded by ~r. Barber, t~e Board
recessed at 4:4~ p.m. to th~ Admi~intration B~il~i~g, Room
502, for dinner.
12. INVOCATIeN
Lutheran Church! who gave th~ i~vooatio~.
~. frith led the Pledge uf Allegiance to th~ Flug of ~x
United States of ~erica.
at this time.
API~OP~IaTE BaND PRI~USA~D INTEI~ESTEAP~gTNGS
~ OF $43,000,~00 ~._~IN~CING OF 1988 ~T~
public hearing to con~ider an amendment to the ~Y91-9~ Budget
to a~propriat~ Bon~ proceeds and inter~st earnings in the
amount of $40,Q39,896 for th~ r~flnancing
Sewer Revenue Refunding Bends. He further stated ~aff
race--ended approval of ~ ~al~ to bav~Dpurt and Company and
~e appropriation of $40,039,896 of Serle~ 199~A Water and
6,2306 percent.
Th=re was no on~ present to address this issue.
On motion of Mr. Warren, mocond~d by Mr. Barber, the ~oard
epproprlated Bond proceeds of approximately $40t039~896 of
following resolution:
COUNTY OF CHESTERFIELD, VIRGINIA
FIFTH SUPPLEMENTAL BoNn PJ~OLUTION
AUTHORIZING AND ~ROVIDING FOR T~E I$$UAi~CE, SALE A~D
D~LIV=RY OF NOT TO EXCEED $43rOOO~0QO AGGREGATE PRINCIPAL
A~4ODiNT OF WATER AND $~WER RE"JENUE REFUNDING BONDS, SERIES
(the "Board") of the CouRty of Chesterfield, Virginia (the
BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGIKIA,
~HE ¢0DNTY OF C~$T~RFISLO, VIRGINIA, AND PROVIDING FOR THE
the "Bond Resolution"), authorizing the iasuanoe of the
Bon~s" (hereinafter referred to as the "Bonds"); and
OF $~3,872,957.65 AGGREGAT~ PRINCIPAL ;~{OUKT O~ WATER AND
C~ST~RFIELD, VIRGINIA" (hereinafter referred to as fha "Thir4
SuDpiemental Bond Resolution"), authorizing the issuance of
the County o£ Chesterfield, Virginia, Wa=er and Sewer Revenue
Bonde, Series 19~8 (the '~lgaa Bend~"); and
advisable for the County to ~uthorize the issuance, sale and
delivery of an issue of Bond~ to he i~ued ~d~r and pursuant
to the Bond Re~olutiun in the aggregate principal amount of
not to exceed $4~oo0,0o0 to b~ designated a~ the "County of
Chesterfield, Virginia, Water and Sewer Revenue Refunding
Bonds, Series 1992A" (hereinafter defined a~ t~e "1992A
Bonds'I; and
WHBR~J~S, i~ is contemplated that the proceeds of the
County, will be applied to refund and defense in advance of
their stated maturitie~ $27,~58,173.20 aggregate principal
2010 (hereinafter defined a~ the "Refunded Bonds" or the
"Reful~ded 19~ Bonds"), and in connection therewith the County
May 15, 1992 (hereinafter define~ ae thc "Escrow Deposi~
OF THE COUNTY O~ CHESTERfieLD. VIRGINIA, A~PROVIN¢ THE
BO~DS, ~ERiES 1955, ~TURI~G ON NOVEMBER 1, 19~9 TO 2G05r BOT~
SECTION 15.1-~7.~6 OF T~ CODE OF VIRGINIA 1950, A~D THE
COUNCIL ON LOCAL DEBT" ADOPTED BY THE STATE CO~CIL ON LOCAL
D~BT THEREUNDER", approving the refunding o£ the Refunded
Bonds in advance ef ~he~r s%a~e~ m~t~r~tles and authorizing
the County Administrator and other appropriate officials of
th~ County to present a plan of refunding to the State Council
en Local Debt (the "State Council") and to seek the approval
refunding bonds pursuant to Ssctlon 15.1-227.~6 of the Code of
Virginia, 19~0 (=h~ "Virginia Code"); and
Wiq~REAS, on February 19, 1992, the ~tate Council
~dopted a resolution approving the i~uance ef the 1992A Bondm
am "refunding ho~ds" p~rsuant to Section 15.1-~27.4~ of the
Virginia,cods; and
WHEREAS, it is deemed advisable and in the best
interest of the County to delegate to the Couaty Administrator
certain powers with respect to the ~ale and delivery of the
1992A Bonds;
~OW, TI~EREFORE, BE IT RESOLVED BY THE BOARD OF
SU~ERVISCRS~OF THE COt~NTY OF CHESTERFIELD, VIRGINIA:
A]~TICL~ I
~ECTION 1.1. Definitions. Unless the context shall
clearly indicate some other meaning, all the werd~ and terms
used in this Fifth Supplemental ~und R~solution which are
defined in Article I of the Bond Re~olution ~hall, for the
purposes o~ this Fifth supplemental fond Resolution, have the
re~pectiu~ m~ani~g~ given to them in the Bond Resolution.
meaning, the following terms shall, for all ~urposes of the
Bond Resolution and of any certificate, resolution or other
instrument amen~atory thereof or supplemental thereto
(in~luding for all purposes of this Fifth Supplemental Bond
Resolution) and for ali p~poseo of a~y opi~io~ Or instrument
or other document therein mentioned, have the following
~eanings, with the following definitions to be equally
applicabl~ to hath the singular and plural forms of such terms
and vice versa:
"Bond Resolution" shall mean the resolution adopted
by the ~oard on July 24, !9S5, entitled
BOARD OF SUPERVISORS OF THE COUNTY OF CHEST~RFT~LD~
AUTHORIZING THE ISSUA/~CE OF WATER AND $EW=R
TEE CO~TY OF CHESTE~IELD, VIRGINIA, ~D PROVIDING FOR THE
SEC~ITY O~ THE ~OLD~S
"~s~ruw A~enh" shall mean crasher Bank, Richmond,
virginia, ae Escrow Agent ~nder the Escrow Deposit'-~Agreement.
"Es~ew__D~oosit A~reamcnt" ~hall ~ean the ~scrow
Deposit Agreement, dated as of May 15, 1992t by and between
the county and Creater Bank, Richmond, Virginia, as ~scrow
Agent thereunder.
"Fifth $~p~lgm~ntal ~o~d Resolu=ien" shall mean this
Fifth Supplemental Bond Resolution.
"199~A Bonds" shall mean th~ Bond~ authorized by
~his Fi£th Supplemental Bcn~ Reznlution and issued u~der the
Bond Resolution and this Fifth Supplemental Bond Re=slutish mt
any time outstanding.
"1986 Cede" shall mean the Internal Revenue Code cf
1986 and the regulations pronulgated by the Unite~ States
Depar=ment of the Treasury thereunder fro~ time to time.
92-~0 5/27/92
"R~f~nded Bond~" ~r "Refunde~ 1988 B~d~" shall mean
~he $27,55sj173.20 aggregate principal amount of County of
inclusive, and on November ~, 20~0.
"~ru~Cee" shall mean Signet Trust Company (formerly
Ban~ of Virginia T~ust Company) as Trustee under the Bond
Re~olution.
or otherwise require (i) all references in this Fifth
Supplemental Ben4 Resolution to the ~on~ Resolution (withou~
Resolution as amended and supplemented; (~i) all references by
number in t~his Fi~th Supplemental Bond Resolution to a
particular article or section of the Bond Resolution shall he
to the article or section of that number of the Bond
amended and supplemented; and (iii) all references by number
in this Fifth Supplemental Bond Resolution to a ~articular
article or section of the Fifth Supplemental Bond Resolution
shall be only to the article or section of that number of this
Whenever used in this Fifth Supplemental
refer to this Fifth Supplemental Bond Re~olution only and to
thi~ Fifth Supplements1 Bond Resolution as a whole and not to
a~y particular article, section or subdivision hereof; and the
subdivision thereof.
ARTICLE II
Bonds. (a) For the purDo~ Of providing funds (i) for the
deposit iuto the Debt Service Reserve Fund h~ld by the Trustee
of the a~ount specified in section ~.7(b) of this Fifth
Supplemental Bond Resolution, and (ii) for the deposit with
amount s~ecified in Section ~.7(c) of this Fifth Supplemental
money~ of the County, to refund in advance of their stated
authorized to b~ issued, and shall be issued, un,er and
Supplemental Bond Resolution, an issue sf Bond~ in the
aggregate principal amount of not to exceed $43,0Q0,000, to be
designated as the "county of Chesterfield, virginia, Water and
and referred to as the "1992A Bonds").
(b) The 1992A Bonds maturing an November i in the
yearg 1992 through ~00~ both i~¢l~$1ve (the "Current Coupon
Bonds"), shall be dated a~ of May 15~ ~99R; ~hall be issued in
f~lly registered form; shall be in the denomination of
or any integral multiple thereof; and shall be numbmred or
leStered, or both, as shall be determined by the Trustee,
2002 and in the principal amounts determined by the County
........................ J ...... : / L .................
rates per annum determined by the Csun~y Administrator,
payable on November 1, 1992 a~ semiannually on each Rovenbar
1 and Kay 1 thereafter.
(o) The 1992A Bonds maturing on November 1 in the
years 2003 through 2010, both inclusive {tho "capital
Appreciation Bonds"), shall be dated as of the date of their
of delivery, shall be issued in fully registered form and
shall be numbered or lettered~ or beth, as mhmll he deter~ined
by the Trustee, which numbers or letters shall have the Letter
'*R" preferred therete~ The Capital Appreciation Bonds shall
mature and become due and payable on November 1 in each Of the
years 2003 t~ough 2010 and in the principal amounts as shall
be determined by the County Administrator, shall be of the
minimum denominations and integral multiples thereof and shall
bear interest payable at maturity in the amounts per minimum
denomination as shall b~ determined by the County
A~minimtrator.
(d) Subject to ~e provisions of se:tide a.4
hereef, principal of each 199~A Bond and interest on each
Capital Appreciation Bond ~hall be ~ayable to t~e registered
owner thereof st the principal office of the Trustee upon
math Current Coupon Bond shall be paid by thm Tru~te~ am
~ayln~ A~ent ~er the 1992A Bonds to the registered owner
thereof as sho~n on the bookm cf r~gimtry ~aintained by the
Trustee as Registrar for the 1992A Bonds, as of the flftnenth
payment date.
(e) Subject to the prmvimiene of Semtion 2-4
hereof, the I992A ~onds shall be exchangeable for other 1992A
o£ the ~ond Resolution. The 1992A Bonds may contain such
differences in their numbers, denominations a~ forms.
(f) The Trustee is hera~y appoln~ed as the
Appreciation Bond shall be the original principal amount o~
o~ the y~ars 200~ through 2010, both inclusive, together with
shall be, as of any date of compuhation, an amount a~ual to
the sum of the principal amount of sue~ Capital Appreciation
Bond and the interest accrued on suuh Capital Appreciation
immediately precedin~ the date of computation or the da=e of
ascrae at the rate par annum based on the yield at which the
capital Appreciation Bonds were initially Offered to tho
respect to payment upon redemption e~ the Capital Appreciatien
Val~e a~ of the immediately preceding May I or Novmmber 1 and
the Accrated Value as of the immediately ~ucc~eding May 1 or
Value accrues during any semiannual period in eg~al daily
Bonds shall not be subjeGt to redemption Drier to their stated
~%aturities.
~/27/92
SECTION 2.4. Execution and Form of 199~A ~onds:
Rook-Entry-Only ~y~tem. (a) The 1992A Bondz shall be
executed and au=hentioated in the manner and with the efface
set forth in Section 3.10 of the Bond Resolution.
(b) The 1992A Bonds shall be is~uable in the form,
denominations and maturitie~ and with .~ha interest rates and
redemption previsions specified in Section 2.1 of this Fifth
(c} CUSIP idanti=ioation number~ shall be printed
on the 1992A Bonds, but such numbers ~hall not be de~mod to be
a part of thc 199~A Bonds or a part of the contract evidenced
thereby and no liability shall hereafter attach to ~he county
or any of' the officers or agent~ t~ereof because of or on
account of ~uch C~SIP id~n~ificatlon numbers.
(d) The 19~2A ~ond~ shall be issued, u~on initial
issuance, ~n fully registered form and registered in the name
ef Cede & Ce., a nominee of The Depository Trust Company, New
York, New York ("DTC"), us registered owner of the 1992A
~onds, and immobilized in the custody of DTC. One fully
~egiste~ed 1992A Bond fur the principal amount of each
maturity shall ~e registered to Cede & Ce. Benef~elal owners
of 199~A ~ond~ ~hall not receive physical delivery of 1992A
Bonds. Individual purchases of 1992A Bcndm may be made in
book-~ntry form only in principal amounts of SS,000 and
integral multiples thereof. Principal, premium, if any, and
interest payments on the 1992A Bonds shall be made to DTC or
its nominee as registered owner of such 1992A BOnds un the
applicable payment data.
Transfers of principal, premium, is any, and
interest pa~rmentu to the participunts of DTC, .which include
securities brokers and dealers, banks, trust companies,
clearing corporations and certain ot/]er organizations (the
"Participants") shall be the responsibility of DTC. Transfers
of principal, premium, if any, and interest payments to
beneficial owners of the 199~A Bonds by the Participants is
the responsibility of the Participants and other nominees cf
such beneficial owners. The True=es shall notify DTB of any
notice required to b~ given pursuant to the Bond Resolution,
as supplemented by this Fifth Supplemental Bond Resolution,
not lS~S than fifteen (151 calendar days prior to the date
upon which such notice is required tu be given; provided that
the failure to provide such notice to DTC shall not invalidate
any action taken o~ notice given by the Trustee hereunder.
Transfers of ownership interests in the 1992A Bonds
shall be made by DTC and its Participants, acting as nominees
of the beneficial owners of the 1992A Bonds, in aCCordance
with rules specified by DTC and its Participants. The Trustee
n~kes no assurances that DTC, its Participants or other
nominees of the beneficial owners of t~ 199~A Sends shall act
in Uccordance with su=h rules or O~ a timely b~sis.
(e} Replacement 199~A Bonds (the "Replacement 1992A
Bonds") shall be issued directly to beneficial owners of 199~A
Bonds rather than to DTC, or its nominee, but only in the
(i) DTC determines not to continue to act us
(ii) The Trustee has advised DeC o~ its
deteumination that DTC is incapabl~ of discharging its
duties; or
The Trustee has determined that it is in
the best interest of the beneficial owners of the 199~g
Bonds not to continue the booR-entry system of transfer.
92-44z 5/27/92
Upon occurrence of the events dsscribed iD clause (i) or (ii)
above the Trustee shall attempt %o locate another qualified
qualified securities depository to replace DTC, the Trustee
shall execute end deliver Replacement 1992A BOnds
and Exhibit B attached hereto to the Partlclpsnt~. In the
event the Trustee makes the determination noted in slause (ii)
er (iii) above [the Trustee undertakes no obligation to make
any investigation to detormine the o¢¢urrenc~ of any events
and has made provisions to no:ify the beneficial owners of
199~A Bonds by mailing an appropriate notice to DTC, the
Trustee shall execute and deliver Replacement 1992A Bends
~u~tantlally in the appropriate form~ ~at forth in Exhibit A
and ~xhibit ~ attached hereto te any Participants ma~ing a
request for such Replacement 1992A Bonds. The Tru~te~ shall
be entitled to rely on the records provided by DTC as to the
Participants entltled to receive Replacement Certificates.
Principal cf and premium, if any, and interest o~ the
Replacement 199~A Bond~ shall be payabl~ a~ provided in
Section 2.1(d) hereof, and such Replacement 1992A Bonds will
be transferable and exchangeable in accordance with
3.5 through 3.6, inclumi~e, of the Bond Re~olution.
(f} The ~99aA Bonds shall be in substantially the
forms set forth in ~xhibit A and B attached hereto.
SECTIGN 2.5. Ap~roval of Ecrm of Escrow
E~eeution amd Delivery of E~orew Deposit Agreement;
for $L$$: Des~onat~on of Refunded Bonds for Redemption. (a)
The for~ of the Escrow Deposit Agreement presented to and
filed with the minutes of the meeting of the Board at which
this Fifth Supplemental Bond R~olution i~ beimg adoptedr a
copy Of the form of which is attached to th~s Fifth
Supplemental Bond Resolution as Exhibit C, and the terms,
oendlt~on~ and provi~ion~ thereof, are hereby approved,
ratified and confirmed by the Board, and the County
Administrator and the Deputy County Administrator, or either
of them, i~ hereby authorized a~ directed to eE~¢~tO and
deliver to the Escrow Agent the Escrow Deposit Agreement in
such form, together with such changes as shall be approved by
the County Administrator and t~e Deputy County Admi~i$trato=,
Or either of them, upon the advice of counsel (including the
Bounty Attorney end Bond Counsel), such ~pproval to be
conclusively evidenced by their execution thereof. Tbs
Trustee is hereby authorized and directed to withdraw f~om the
Debt Service Fund and the De~t service Re~ervm F~nd and
beposit Fund the amoun=s required to be dep05itod therein from
(b) The appointment of Creater Bank am Es0row
under the =screw Deposit Trust Agreement is hereby approved~
~atified and confirmed by the Board.
(c) The County Administrator and the Deputy Co~ty
Administrator, ur either ef th~m~ are h~r~by authorized
execute, on behalf of the County, =ub~crlptlonn for
States Treasury Obliqatinn~ State and Local Goverilment
Eeries, if such are to be purchamed by the ~eorew Agent from
moneys de~oeite~ in the 1992A Escrow Deposit FUnd s~eeted
established under th~ ~serow Deposit Agreement. Any united
State~ Treasury Obligations purchased from moneys deposited in
the 199~A Escrow B~po~i~ F~d shall be held by the Escrow
Agent under and in accordance with the provisions of the
Escrow Deposit Agreement. The County Administrator and the
Deputy tottery Administrator, or either of them, are hereby
authorized to execute, on behalf cf the County, the
92-444 5/27/92
instruments ~quired to be executed on behalf of the county in
conneotlon with the other investments contemplated by the
Escrow Deposit A~reement.
(d) The Boa~'~ihereby designates the'Refunded 1988
Bands for redemption on November 1, 1998 in accordance with
the provisions of ~ecti0n $(b) of the Escrow Deposit
Agreement.
SECTION 2.6. Official Statement~ Certificate
Concerning Official %tAtemsnt~..~fication; sale of 1992A
Bonds. (a) The chairman of the Board of sup~rvis0rs and the
County Administrator are ~ereby a~thori~ed and dirested to
execute and deliver to the purcha~r~ Of the 1992A Bon~s an
Off~oial Stage, eat of the County, relating to the 1992A
(the "Official Rtateme~t'~), in substantially the form oS the
Preliminary Official Statement, pre,eared to the meeting of
the Board at which this Fifth Supplemental Bond Resolution
being adopted, after the same has been completed by the
insertion of th~ m~turlties, interest rates, and u~her deta~l~
of the 1992A BO~ and by making such other insertions,
changes or corrections as the ~hairman of the Beard Of
supervisors and the County Administrator, based on the advice
of the County's financial advisors and legal counsel
(incl~din~ the County Attorney or Bund Counsel),
necessary or apprcpria=e; and t~e Board hereby authorizes the
Official Statement and the information contained ~herein to be
used by the purchasers in c~nnect~on w~th the sale of the
199~A Bonds. The Preliminary official Statement is "~eemed
final" ~or pur~uses of Rule 15c~-1~ promulgated by the
Securities and ~xoha~ge Commission pursuant to the Seourltie~
Exchange Ao~ o£ I834. The County Administrator~ the
of Accounting end the County Attorney are hereby authorized
and directed ts execut~ an behalf of the County and deliver to
said purchaser certificates in substantially the form
to in the Official Statement under the caption "Certificates
Concerning Official Statement'S.
(b) The County Administrator, the Deputy County
Administrator and other officers and employees of the County
Not,ce of Sale of the 1992A Bonds in The Bond Buyer on a date
selected by the County Administrator, and to be prepared and
distributed the Preliminary Official Statement, the Detailed
Notice of. Sate and the official Proposal Farm relating to the
1992A Bond~, and the terms, condition and provisions thereof
as Siled with the minutes of the meeting at which this
re~olution im being adopted, ar~ hmr~by approved, ratified and
~onfirm~d by the Board. All actions and proceedings
heretofore taken by the Board, the CoUnty A~minlstrator, t. he
Deputy County Administrator and the othmr nffi0ers, employees~
agents and attorneys of the County in connection with the
issuance and sale e~ the 1992A Bonds, are hereby ratified and
(c) The i99~A ~ends shall be sold at public sale on
a date to be selected by the County Administrator. The County
Administrator is hereby aut~oriz0d ~o award the 1992A Bonds to
the beet b~dder t~erefor. The Current Coupon Bond~ ~hall
$o14 at the price of not less ~han 99% cf =he principal amount
thereof, plu~ accrued interest thereon from their date to the
date of delivery of the 1992A ~onds. The 199~A Bands shall be
~eld at an effective interest rate of not mor~ than 7%. The
award shall be ~sde on the ba~i~ ~et forth in the Detailed
Notice of Sale.
SECTION 2.7. ADmliaation of Proceeds of 1992A
Bonds. The proceeds of ~le of the 1992A Bond~ ~eeeived by
the County ~hall be applied as follows:
92~445 5/27/92
(a) am amount egual to the accrued interest on the
199~A Bond~ from their date to the date of the delivery
thereof and payment therefor shall be deposited with the
provisions of the Bond Rsaelutlon and applied on November
~, 1992 to the payment of the interest payable on the
1992A Bands on such dat~;
(b) an amount, le~s othe= available ~oney~ in the
Debt Service Reserve Fund, equal to =he Debt ~ervice
Reserve Requirement for the 1992A Bonds shall
deposited with the Trustee in t~e Debt Service Reserve
F~d in accordance with the provisions of the Bond
Resolution and Section 2.11 of this Fifth Supplemental
Bund Re,Diction;
(c) the amount required to be deposited into the
Escrow Deposit Fund to provide for the refunding ~n
advance c~ their stated maturities and defea~anc~ of the
Refunded 5988 Bonds shall be deposited with the Escrow
Agent under =he Escrow Deposit Agreemen= and applied,
together with other available moneys cf the County se
~eposited thereunder, as provided therein; and
shall be deposited with th~ Tr~asurar of the County and
applied ts the payment of =he costs cf iasuance OS the
1992A Bonds.
SECTION ~.~. InYe~tment cf Funds and Accounts...~n~e~
Bond Resolution. In accordance with Section 5.11(e)(i) of
Bond Resolution, it is hereby provided that all income or
interest earned and gains realized in e~ssss cf losses
suffered by a Fund or Account held by the Trustee er the
TTeasuner cadet the Bond Resolution and allocable to the 1992A
Bond~ due to the investment thereof shall be deposited into
the construction Fund for credit to the construction Acoount
therein up to the date the Certificate referred to in ~ectlon
4.3(b) of the Bond Resolution shall be delivered with regard
to the ~$5 Expansion, and (ii) thereafter ~hall be deposited
into the Rebate Fund to the extent required t~ enable the
County to comply wi=~ t~e a~bitrage rebate requirements of
1986 Code and, after any such deposit into the Rebate Fund,
the delivery of the 1992A Bonds preacribed in 8~otionm 2-4 and
only upon receipt by the Trustee of:
(1) a copy of this Fifth Supplemental Bend
R~solution authorizing the 199~A Bonds, certified by the Clerk
County, by which or pursuant to which the terms of the 1992A
contaia~ findings and de=erminations of the Board that no
default exists in =he payment of the principal of er interest
redemptions, if any, of Bonds required to have been made under
the term~ th~ Bond Ronolution or any $upplemen$al Resolution
shall have been made;
(2) a Band counsel's Opinion to t/%e effect that (i)
thi~ Fifth BuRDlemental Bend Resolu=isn has been duly and
lawfully adopted and is in full force and effect; (ii) the
Bond Ee~olutlen ham been duly and law£ully adopted by the
County and is valid and binding upon, and enforceable against,
the County (except to the extent that the snforceebillty
thereof may be e%lbject to judicial discretion, to the exercise
of the sovereigm police powers of the Commonwealth of V~rglnia
and t~o constitutional powers of the united stabee of America
and to valid bankruptcy, insolvency, reorganization,
moratorium and s~her laws affecting the relief of debtors);
(iii) the Bond Resolution cr~ate~ 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 subject to the application thereof te the purpoee~
and on the conditions permitted by the Bond Resolution; and
(iv) upon the e~ecution and delivery thereof, th= 1992A Bondm
will have been duly and validly authorized and issued in
accordance with the Bond Resolution;
(3) a written order as to the delivery Of the
Bonds and the application cE the 1992A Bond proceeds,
by an Authorized Officer of the County;
(4) a Certificate of the Director of Budget that
thn 1992A Bend~ are issued in compliance with the provisions
of Section 7.11(c) of the Bond Resolution, which Certificate
shall be accompanied by an Accoun~ant,~ Certificat~ confirming
tbs calculations set forth in such certiZicete 0£ t~e sirmu%or
of Budget with respect to the amounts of R~venu~s, Operabing
Expenses, Debt Service and Debt Service/Additional sonde; and
(S) in satisfaction of the rmquirements o~ section
2.5 of the Bond Resolution, an executed original of the Escrow
Deposit Agreement, whish contains ~nstructlnns a~ to the
payment of redemption of the Refunded Bonds, together with
instrustisns as to the giving of notice of redemption of the
Refunded Bends.
SECTION 2.10. Covenant as to ComPliance with 198~
code. The County hereby covenants and egree~ to comply with
the provisions of Sections 10~ and 141-150 of the 1986 Coda
applicable to the 1992A Bonds t~oughout the term of the 1992A
Bonds.
SECTION 2.11. Creation of~%992A Debt Service
Reserve Acoonnt in Debt Service Reserve FUndr Amendment of
Deflnlt~on of "~eht ~rviee Reserve Requirement" Effective
When I~tA and 19StB Bonds Are NO Longer Outstanding.
Ther~ i~ here~y created and established in the De~t
Reserve Fund held by the Trustee an account designated as the
~'I99~A De~t Service Reserve Account". From the proceeds
the i992A Bonds required to ba deposited into the Debt
Reserve Fund pursuant to Section 2.?(b) he, eof and other
available meney~ in t~e Debt Service Reserve Fund, there shall
amount equal to the Debt Service Re~e~ve Requirement for the
~992A Bonds. The 1992A Debt Service Reserve Account shall be
available only to pay Debt Service on the 199~A Bonds,
(b) Effective at mush tine ne 19~5A Bonds or i955B
Bonds are outstanding under the Bond Resolution, clause (i)
the first smnt~nce of the definition of the term "De~t Service
Reserve Requirement" in the Bond Resolution is hereby amended
much that, with respect to any Seri~s of BOndS which bear
interest at a fixed rate, the Debt Service Reserve Requirement
shell =eau an amount equal to th~ less~r of (1) ten
(lO%) of the proceeds of such Series of Bonds~ end (ii) the
maximum amount payable in any current or Suture Fiscal Year
for the payment of Debt service on such Series of Bonds.
A~TICLE III
NISCELLANEOUS
SECTION S.1. F~fth Supplemental Bond Resolution is
e "supp~pW~2~t~..Resolution, Under the Bond ~s~olution; l~92A
Bonds Are "Bends" Under the Bond Resolution. (a) T~is Fifth
9~-447 ~/27/92
supplemental Bond Resolution is a~opte~ pursuant to Sections
5.4 and 2.S and Ar~cle VIII of the Bond Resolution. This
Fifth Supplemental Bond Resolution (1] supplements tile Bond
Resolution; (~) i~ hereby found, d~t~rmln~d and d~clar~d to
constitute and to be a "Supplemental Resolution" within the
meaning of ~he quoted wo~d~ a~ deflne~ and used in the Bond
Re~olut~on; and (9) i~ adopted pursuant to and under the
authority of the Bond Resolution.
(b) Tho I~9~A Bonds are hereby found, determined
and declared to constitute and to be "Bonds" within the
meaning of ~he ~uoted words as defined and use~ in r~e Bond
Resolution. The 1992A Bond~ ~hall be ~ntltled to the
benefits, security and protection of the Bond Resolution,
e~ally and proportionately with any other bunds heretofore or
hereafter issued thereundnr; ~hall b~ payable from the
Revenues on a parity with all Bonds heretofore or hereafter
issued undsn the Bond Resolution; shall rank peri paten with
all Bond~ heretofore or hereafter ~gu~d under the Bond
Resolution; and shall be equally and ratably secured with all
Bondn h~r~tofor~ or hereafter ig~u~d under the ~ond Resolution
by a prior and paramount lien amd charge on the Revenues,
without priority or distinction by reason of series, number,
au%hentlcation or date of delivery; all as is more fully set
forth in the Bond Resolution. It is hereby further found,
determined and deularad that no default exists in the payment
of the principal of o~ int~r~t and p~miu~, if any, on any
Ben~ issued under the Bon~ Resolution and that all ~enda%ery
redemptions, if any, of Bondm required to have been made under
the terms of the Bond Resolution or any supplemental
Resolution have been made.
S~CTION 3.~. ~illnq of this F~th ~upp~em~n~a~ pond
Resolution with Circuit Court. The County Attorney be and
hereby is authorized and directed to fil~ a copy Of this Fifth
Supplemental ~ond Resolutlen~ certified by the Clerk of the
Board to be e true and correct copy thereof, with the Circuit
Count of the County of Chesterfield, Virginia.
SECTION 3.3. Effect of Article end Section Headings
and Tabl~ of Contents. The headings or titles of articles and
sections hereof, and any table of contents appended hereto or
copies hereof, shall be for convenience o~ re£erenoe only an~
or effect of this Fifth Supplemental ~ond Resolution.
~ECTION 3.4. ~fectlveness of This F~fth
SunDle~ental Bond Resolution. Fifth Supplemental Bond
hereof by the ~card.
APPENDIX A
SCHEDULE O~ PAYMENT OF INT~R~$T AND
REDEMPTION PRICES OF THE REFUNDED BONDS
Date Interest Redemption Total Debt
~0R~4 OF CUf/{ENT COUPON BO~D
92-448 5/27/92
NO, R-
INTEREST ~ATE:
UNITED STATES OF AMERICA
CO~ONW~AST~ OF VIRGINIA
COUNTY O~ CHESTERPIELD
WATER AND SEWER R~VENUE REFUNDING BOND,
SERIES 1992A
$
~ATU~IT¥ DATa: ~TE OF BOND: CUST~ ~O.:
%
REGIST~RBD HOLDER:
~RINCIPAL SUM:
166409
The County of Chesterfield (hereinafter referred to
as the "county"), a political ~ubdivimien of the Commonwealth
of Vir~inia~ for value received, here~y acknowledges itself
indebted and hereby prsmise~ to pay to the Registered Holder
inamed above), or regiu~ered assigns, but solely from the
Revenues and money~ pledged to the payment hereof hereinafter
specified and not otherwise, on ~he Maturity Date (specified
above) unlas~ this Bo~d ~hall hav~ been culled for previous
duly made ar provided for, the Principal Sum (specifie~
above), and to pay interest 0~ such Principal Sun, b~t solely
f~om ~eh ReYenues and moneys p/edged ts the pa~rment hereof
hereinafter specified and no~ otherwise, on t~e first day of
Nove~er, 199l and semiannually on the first day of May and
the flr~t day cf Nsvam~sr of each year thereafter (each
date is hereinafter referred to aS a~ "interest payment
date"), from the date hereof or from the interest payment dat~
next preceding th~ date of authentication here0£ %u which
interest shall have been paid, ~less such date of
~uthentication is an interest p~yment data, in which Case from
mu~h interest payment date~ o~ unless such date of
authentication is within the Defied from the sixteenth
day to the last day of the Calendar month next preceding the
following i~ter~s% payment date, in which case fro~ such
following interest payment date, such interest to be paid
until the maturity or redemption hereof at the Interest Rate
(~pecified above) per annum, by cheek ur draft mailed by the
Registrar hereinafter mentioned to the Registered Holder in
whose name this Bond is registered upon the book~ Of registry
of the County kept by the Registrar as of the close of
business on the fifteenth (lSth) day (whether or not a
business day) of the calendar month next preceding each
interest payment dut~ at the address of the Registered ~older
hereo~ as it a~p~ars an ~u~h books of registry.
The principal of and prem~um~ if any, un this Bond
ar~ payable on presentation and ~urrender hereo~ at the
prlnciDal office of Signet Trust Cs~pany, a~ Registrar, in the
City of Richmond, Virginia. ~e~h principal of and premium, if
any, and interest on thi~ Bond are payable in such coin or
currency of th~ United States of ~mmriea aa at the
dates of ~ay~ent thereof is legal t~ndar for public and
private debts.
This Bond ia one of a duly authorized ~eriem of
Bonds (herein referred to as the "Bo~d$") of the aggregate
principal amount of
($. ) of like date, ~nominatisn and tenor herewith
excep~ for number, interest rate, maturity and ~ed~mption
provieion~, and i~ issued under and pursuant %o and in full
oompl~ansa with the constitution and statutes of the
commonwealth cf Virginia, including Chapter 5.1 ef Title 15.1
of ~e Code Of virginia, 195o (the ~sne being the Public
92-44~ 5/27/92
Finance Act of 1991), a resolution duly adepted on ~uly 24,
1985 by the Board o£ SUperViSors o~ the Coun%~, e~titled
"RESOLUTION OF THE SCARP OF SU~RV~$0RS O~ TH~ C0~TY OF
CHESTERFIELD. VIRGINIA, AUT~ORIZIN~ TKE ISSUANC~ OF WkT~R AND
SEWER REVENUE BONDS OF THE COUNTY OF CBEMTERFIELD~ VIRGINIA~
resolution duly adopted by such Board on May 13. 1992.
entikled "~%FTR S~/~PL~MBNTA~ BOND RD$0LUTIO~ AUThORIZInG AND
PROVIDING FOR TRE ISSUANCE! SALE AND DELIVERY OF NOT TO EXCEED
$43,000,000 AGGR~GAT~ PRINCIPAL A~0UNT OF WATER A~D $~W~1~
R3~ENUE REFUNDING BONDS~ SERIES 199PA~ OF T~E COIINTY OF
ChESTeRFIELD, VIRGINIA AND DELEGATING TO THE COUNTY
ADMINISTRATOR CERTAIN POWERS WITH RESPECT T~ERETO"
ramolutiens being herein referred to collectively as the "Bond
The Bonds are issued to finance the co. ts of
refunding a portion of ~he Water and Sewer Revenue Refunding
Bonds, Series 1998, of the County, in advance of their stated
maturities. Of the Bonds of the series of which this Bond is
one $ prlncipal amount maturing on November 1, 1992
through 2002. bot~ inclusive, are current coupon bonds (the
I'Current Coupon Bonds") bearing ]nterest payable on November
per annum ~tate~ therein, and $ principal amount
~aturlng on November 1, ~003 through ~010 are capital
appreciation bonds (the "Capital Appreciation Bonds") bearing
interest compounded on November 1. 1992 and ~emlannually
thereafter and payable at maturity. The Bend~ and the
interest thereon are payable solely from, and secured equally
an~ ratably with other bonds which may have heretofore been
the Bend Resolution outstanding from time to time solely by a
lien and charge on, the Revenues (as defined in th= Bond
Resolution) derived from the operation of the County's water
and sewer symtem (the "System"}, subject to the prior payment
~rom such Revenues of the Operating ~x~enses of the System,
and from moneys held in the funds and accounts created and
established under the Bond Resolution pledged to the payment
thereof. The Bond Resolution provides that th~ bonds issued
thereunder shall not be d~em~d to constitute full f~ith
credit g~neral obligationm of the County for which th~r~ ~m a
right to compel the exercise of the ad valorem taxing power of
the County.
Reference is hereby made to =he Bend Resolution, to
all of the provisions of which any Reglsterad ~older of this
Bond by his acceptance hereof hereby assents, f~r definitions
ef termm; the description of end the nature and extent of the
security for the bonds issued under the ~cnd
including this Eond~ the description of the system; the
description of the Revenues and the moneys held in the funds
and accounts created and established under the Bond Resolution
pledged to the payment of the interest on and principal of the
bonds issued under the Bond Resolution, including this Bond;
the nature and extent and manner o~ enforcement of the pledge;
the covenants of the County a~ to th~ fixing, establishing,
maintaining and revising e~ rates and charges Eot the
provision and sate of water and ~ewer servica~ of the System;
the covenants of the County as to the =olle¢~ion, deposit and
application of the Revenues of the System; the conditions upon
which other bonds ~ay hereafter be i~ued under the Bond
Resolution payable on a parity with thi~ Bond from the
herewith; the rights, duties and obtigetien~ of the County;
the previsions discharging the Bond Resolution as to this Bond
and the lien and pledge of this Bond on the Revenues of the
System if there s~all ~ave been deposited in accordance with
maturity or ~edemptien hereof moneys sufficient to pay the
principal hereof and th~ interest hereon %e the maturity er
92-450 5/27/92
redemption date hereof, or certain specified securities
maturing at such times and in mu~h amounts which, together
with th~ earning~ thereon, would be sufficient for such
payment, er a combination of both such moneys and securitieo~
and for the other terms and provisions of the Bond Resolution,
The Bonds of the Series of which this Bond is one
are not subject to redemption prior to their stated
maturities.
Subject to the limitations and upon payment of the
charges, ~f any~ provided in the pr0oeedings a~thori~ing the
Bonds of the series of which this Bond is one, this ~end may
be exchanged at the principal office of the Registrar for' a
like aggregate principal amount of ~cnds of other authorized
principal amounts and of the Series of which this Bond ~ one.
This Bend is transferable by ~he Registered Holder hereof, in
person or by his attorney duly authorized in writing, ~t the
principal office of the Registrar but only in the manner,
subject to the tlmitetion~ and upon payment of the charges, if
any, provided in the proceedings authorizing the Bends of the
Series of which this Bond is one, and upon the surrender
hereof for cancellation. Upon such transfer a new Bond or
Bonds of authorized denominations and of the same aggregate
principal amount of the Series of which this Send is eno will
be issued to the transferee in exchange herefor.
This Bond shall ~ot b= valid or obligatory unless
the certificate of authentication hereon ohall have been
manually sig~e~ by an authorized signator of the Registrar.
It is hereby certified, recited and declared that
all acts, c0~diti0~s a~d things required to have happened, to
exist and to have bean performed precedent to and in the
i~suance of this Bond and the Seri~s of which it is one, have
h=p~e~o~, dO exist and have been performed in regular and due
time, form and manner a~ required by law, end that the Bends
of the series of whish thio Bond is one do not exceed any
constitutional or statutory limltatien of indebtednesS.
IN WITNESS W~EREOF, th~ Count~, hy its Boa~ of
Supervisors, has oaused this Bond to be slqned by th~ Chairman
and the Clerk of ~uch Board, by their ~an~al or facsimile
signatures, and the corporate seal of the County to be
impressed or i~printed hereon, and this Bond to be dated the
fifteenth (15th] day of May, 1992,
[Facsimile ef Seal of the County]
[Facsimile Signature of Cl~rk [Facsimile ~ignature of Cheiramn
Board of supervisors] oS the Board of Supervisors]
Cl~rk ef the Board of
Supervisors
chairman ef the Board of
(FORM OF CERTIFICATE OF AUTHENTICATION)
CERTIFICATE OF AQTHENTICATION
This Bond is one of the Bonds del£v%~ed ~u~suant to
the within-mentioned puooeeding~.
92-451 5/27/92
Authorized Signature
Dated:
(FDRM OF ASSIG~IENT
ASSIGNMENT
For value received, the undersigned hereby sell(s),
assign(s) and transfer(s) unto
print or type name and addre~m, including po~tal zip
PLEASE INSERT SOCIAL SECUI{ITY
OR OTN~ Tk~ ID~NTIF¥I~C NU~ER
OF TRANSFEREE:
the within ~ond and all rights thereunder~ and hereby
irrevocable constitutes and appoints
, attorney, %o transfer such Bond on the
books kept ~or the registration thereof, with full power of
substitution in the premises.
Signature(s) Guaranteed
The New York Stock Exchange,
I~C. or a Oo~eroial bank or
trust company.
NOTTC~: Signature (s) must be (Signature(s) of Registered
NOTICE: The signature(m) above
must correspond with the na~e
of th~ R~gister~ Hotter a~ it
appears on the front of this
~on~ in every particular,
without alteration or enlarge-
ment or any shange whatsoever.
EEHtBIT B
FOP/~ OF CAPITAL APPRECIATION BOND
INTEREST ON THIS BOND IS PA~ABLE
ONLY AT
UN%TED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
COUNTY O~ CHeSTeRFIeLD
WATER AND SEWER REVENUE REFUNDING BOND,
SERIES 1992A
REGISTERED
BOND DATE:
MATURITY DATE:
$
DENOMINATION: CUSIP:
166409
92-452 5/27/92
REGISTERED
~ne County of Chesterfield (hereinafter referred to
as the "ccmnty")~ a political ~ubdivision of the Commonwealth
of Virginia, for value received, hereby acknowledges
indebted and hereby promises to pay to the Registered Holder
(named above), or registered a~nign~, but solely from the
Revenues and moneys pledged to the payment hereof h~reinafter
specified and not othe~;ise, on the Maturity Da~e (specified
above) unle~ thi~ Bend ~hali have teen called for previous
redemption and payment of the redemption price shall have be6n
duly made or provided for, the Principal Sum (specified ahoy'e)
and th~ interest payable thereon, computed as provided in the
Bond Resolution hereinafter referred to. Tf this ~cnd ds
issued in a Principal Sum equal to the minimum denomination
permitted by the Bond Re~o]utien (a~ d~fi~ed hereinafter), the
interest payable at maturity is the difference between Five
Thousand Dollar~ ($5,000) and such Principal Sum. If this
Bond is issued ~n a Principal A~o~nt that is an integral
multiple of the minimum denomination permitted by the Bond
Resolution~ the interest ~hall he the ~ame integral multiple
of the amount of interest =alculated pursuant to the preo~ding
Ail interest on this Bond is payable only at
maturity. The principal of and premium, if any, and interest
on this Bond are payable on prementation and surrender hereof
at the principal e£fiee of ~ignet Trust Company, as Registrar,
in the City of Richmond, Virginia. Doth principal Of and
premium, if any, and interest on this Bond ere payable in su=h
oei~ or currency of thc United States of America as at the
respective dates e~ payment thereo~ is legal tender for
and private debts.
This Bond is on~ of a duly authorized Series of Bond
(herein referred to as th~ ~'Sonds") of =he aggregate principal
amount of ($
of like date, denomination and tenor herewith except
number, interest rate, maturity and redemption previsions, and
is issued un,er mud purmuant to and in full compliance with
the Constitution and statut~n Of the CoK~aonwealth of Virginia,
including Chapter 5 of Title 15.1 of the Code of virginia
1950, as amended (the same being the Public Finance Act), a
resolution duly adopted on July 24, 1985 by ~be Board of
$~pervisors of the County, entitled '~RE$OLUTION OF T~E BOARD
OF SUPERVISORS OF THE COL~{TY OF CHESTERFIELD, VIRGINIA,
AUTKORIZING TKE ISSUANCE OP WAT~A AND S=WgR R~VENUE BONDS OF
THE COUNTY OF CHESTERFIELD, VIRGINIA, AND PROVIDING FOR
SECURITY OF TKR ~OLD~R$ TB~OF" and a resolution duly adopted
by Such Board on May 13, 1992, entitled "FIFT~
BOND R~0LUTi0N AUTHORIZING AND PROVIDING FOR THE
SALE AND DELIVERY OF NOT TO EXCEED $43,000,000 AGGREGAT~
PRIg¢IPAL A~O~T OF WATER A~D $~W~R REVENUE REFUNDING
SERIES 1992A, OF THE COtr~Ty OF CHEST~EIRLD, VIR¢INXA
DELEGATING TO THZ COUNTY ADMINISTRATOR CERTAIN POWERS WIT~
R~SD~CT T~RETO" (such resolutlon~ being herein refs~re~
collectively a~ the "Bond ~esolutian,~).
The Bonds are issued to finance the costs of
refunding a portion Of the Water and Sewer Revenue Rsfnnd~ng
Bonds, Series 19S8, of the County. Of the Bonds of the serle=
of which this Bond is one $ principal amount maturin~
on November 1; 1992 through 2UU2, beth incluSiVe, are current
coupon bonds (the "Current Coupon ~en~s") b~ari~g interest
payable on Nove~%ber 1, 1992 end semiannually thereafter at the
rete~ of interest per annum ~tated therein, and $
pri~oipal a~o~nt maturing on November 1, ~00~ through 2Q1Q are
=apital appreciation bonds (the "Capital Appreciation Bonds")
bearing interest compounded on November l, 1992 and
92-4§3 5/~7/9~
semiannually thereafter and payable at maturity. The Bonds
and the interest thor®on are payable solely from, and secured
ogua!ly and ratably with other bonds which may have heretofore
been issued or may hereafter be issued on a parity therewith
under the Bond Resolution outstanding from time to time solely
by a %ion and charge on, the Revenues (as defined in the Bond
Re~olutlon) deriva~ frn~ the operation of the County's water
and sewer system (the "System"), subject to the prior payment
from ~nch Revennes of the Operating Expenses of the system,
and from moneys held in the funds and accounts orea~d and
established under th% Bond R%solutien pl%dged to the payment
thereof. The Bond Resolution provides that the bonds issued
thereunder shall no~ be deemed to constitute full faith and
credit general obligations o~ ~hs County for which t~her~ is a
right to compel the exercise of the ad valorem taxing power of
the County.
Reference is hereby made to ~he Bond Re=olutlon, to
all of the provisions of which any Registered Kolder of thi~
Bond by his aooeDtanee hereof hereby assents, for definitions
of term=; the de=cription of and th~ natur~ and ~tent of
security for the bonds issued under ~e Bond Re~olution,
pledged to the pa~ent of the inter.s% on and principal of the
bonds issued under the Bond Resolution, in=lu~ing this Bond;
maintaining and ~vi~ing 0f ~ates and charges for the
mpDllcatlon of Uhe Revenues of the System~ the conditions upon
Resolution payable on a parity w~th thi~ Bond from th~
the provislon~ discharging the Bond Resolution as to
and the li~n and ptedqe of this Bond on the Revenues of the
System if there shall have been deposited in accordance with
the provisions of the Bond Resolution on o~ before the
· aturity or redemption hereof moneys suffioien= to pay the
redemption date hereof, or certain sDeoified
maturing at s~oh tim=~ ~nd in ~uch ~ounts which, tugs.er
and for the other te~s and pruui=iuns of ~ Bon~ Rm~olut~on.
maturities.
~ubject to =he limitations and upon pa~ent of the
like aggregate principal amount of ~on~ o~ other au~orized
principal amounts and of ~e s~ri~m cf which this Bond is one.
p~r~on or by his attorney dul~ au~orized in writing, at the
principal office of ~h~ R~gi~trar bu~ only in ~h~ maker,
subject to the limitations and upon pa~nt of the ch~g~,
any, Drovi~ed in the prooaadings authorizing the Bonds of the
authorized d~nominatio~s an4 of th~ same aggregate princisal
5/27/92
This Bond shall not be valid or obligatory ~nless
the certlfieate sf authenSicaticn hereon ehall have been
It is hereby certified, recited and deslared tha~
all mots, oo~ditio~s a~d things required to have happened, to
exist and to have been· psrformed precedent %0 and in the
issuance of this ~ond and the Series of which it is one do
exist, have happened and have been ~erfo~med in regular and
due time~ form and manner as required by law, and thut the
Bonds of the Series of which this ~an~ is one do not exceed
any constitutional or statutory limitation of indebtedness.
IN WITNESS WHEREOF, the County, by itm Board 'of
su~erviaors, has cause~ this Bend to he signed by the chairman
and the Clerk of much Board, by their ~anual or facsimile
signatures, and the corporate seal of the County to be
impressed or i~printed h~r~o~, a~ this ~ond %0 be dated as of
the day of June~ 1992.
(Seal)
Clerk cf the Board of Chairman of the Board of
Supervlsor~ guperviscra
I~Ok~ 0~ C~RTIFICAT~ OF AUTHENTICATION)
Certificate of Auth~ntication
the within-mentioned proceedings.
Signet Trust Company,
Authorized Signature
(FO~ OF ASSIGnaT)
For value received, the undersigned hereby =ell(s)
assign(s) and =ransfer(s) unto
(Please print or tF9e name and address, includin~ pcstai zip
PLEASE INSTRT SOCIAL S~CURIT¥
OR OTHE~ T~Y IDENTIFYING NUMBER
OF TRANSFEREe:
th~ within Bond and all rights thereunder, and hereby
irrevocable oon~titut~ and appoints
, attorney, to transfer suuh ~on~ on the
boeke kept for the registration thereof, with full power of
substitution in the premises.
Dated:
92-4~5 5/27/92
signature(s) Guaranteed
The New York Stock Exchange,
Inc. or a co~ernial bank or
trust company.
NOTICE: Signature (~) must be i~ignaturo(~) of Rogi~tered
~uaranteed by a member firm of Holder)
~OTICE: The signature(s) above
~u~t correspond w~th the name
of the Registered ~older as it
aDDear~ on the front of this
Bond in every particular,
without alteration or enlarge-
ment or any ohaage whatsoever.
EXHIBIT C
ESCROW DEPOSIT AGRES'MEWT
This Escrow Deposit Agreement, dated as of May 15,
1992 (=he "Agreement") , by and between ~he county of
Chesterfield, Virginia (the "County") , and Crestar Bank,
WITNES SETH:
{~EREAS, the County has heretofore issued $
aqgregat~ principal amount of i%$ County of ChesterfielO,
(the "19~8 Bonds"); and
~=R=AS, concurrently with th~ ~xec=tlon h~reof, the
County i~ i~uinq $ principal amount of it~ County
of ~esterfleld, Virginia, Wa~er and Sewer Revenue Refunding
Bo~ds, Series 1992A (the "1992A Bonds"), the proceeds of
which, together with other available monmys, will be used, ~or
1~ ~06~ both inclusive, and on November 1, 2010, as more
o~tstanding in the principal amount of $~7,558,173.~0 (the
N~W, THEREFORE, in consideration of ~e foreqo~ng
SECTIOK 1. Pled~ of 1992A Bond Proceeds a~d Other
Available Moneys. To provide for the payment of ~e principal
and redemption price, as the case may bt, of the R%f~ded
date thereof, the County hereby irrevocably deDcsit~ with the
E~crow Agent, to be held by tha ~scrow Agent on b~alf o~ the
Paying Agen~ for %he Refunded Bonds and in trust fo~ the
appropriates and ~et~ a~ide e~olu~ively fo~ the pa~nt of the
hereinafter set for~, the a~ount of $ ~ derived
available ~one~s, bein~ ~n amour which the County and the
Securities (as hereinafter defined) and tu refund and defease
Escrow Agent in the 1992A Escrow Deposit ~nd hereinafter
referrpd to and investe~ an~ applied in t~e manner and ~o~ t~e
purpos= hereinafter set forth.
Th~ Escrow Agent acknowledg~ r~c~ipt of th~
5/27192
SECTION 2. Establishment of Escrow Deposit Fund:
DePosit of Government Securities. Sere is hereby created and
~tahli~hed with th~ E~ow Agent a ~p~eial and irrevocable
tz~Ast fund designated the "County of Chezterfiald, Virginia,
Deposit Fund~ (the "1992~ Escrow Deposit Fund") ts be held in
th~ custody of the Escrow Agent a~ a trust fund ~eparate and
apart from all other funds of the county or Of the Escrow
Agent, for the benefit of the owner~ of th~ R~fun~e~
Ail moneys and Government Securities sat aside and held
trust in the ~99~A Escrow Deposit ~nd Shall ~e applied to and
usa~ solely far the payment of the Refunded Bonds (including
~nterest and red~mptio~ premium
SECT%ON $. Purchase of G~vernment Seourities~
SDesial Rei~vestment.
(a) The County hereby directs the Escrow Agent to
purc~hase on , 199~, being the date of the delivery of
and payment for the 1992A Bends, with $ of the
amount held in the 1992A Escrow Deposit Fund, certain direct
non-callable obligations cf the United States of America, as
se~ forth in Exhibit II hereto. The securities described
Exhibit II hereto are herein referred to as the "Government
SecuriLies". The amount of $ remaining on deposit in
the 199~A Escrow Deposit ~u~d shall be held as cash and not
invested.
Ib) The County and the Escrow Agent hereby
acOcnowledge receipt from Ernest & Young o~ a
t~a= t~e Gevern~e~t see~rities mature as to principal and
interest (without regard to any reimvemtment of investment
earnings on such Government Securities) in ~ueh amount~ ~nd at
gush times a~ w~ll a~ure, together with any moneys held in
~_he 1992A Escrow Deposit Fund, the availability of ~ufflclent
ii) to pay when du~ the interest on the RefLlnded
1988 Bonds to November 1, 1998; and
(ii) to Day the redemption prices of ~he Refunded
1988 ~unds which are to be redeemed on November 1~ 1998
at a red~mption price (a) with respect to the current
coupon bonds equal to % of the respective
a~o~t~ of the R~funded 1988 Bonds and lb) with respect
to the capital appreciation bonds epual to % of the
respective secreted values Of the R~fund~d 1985 Bonds.
(c) The County mud the Escrow Agent hereby agree
that, in reliance upon t~e certification provided by Ernst &
Young pursuant to Section ~(h] h~re¢£, the Government
Securities mature as to principal and interest (without regard
tO any reinve~tment of investment earniags on such Government
securities) in such amounts and at such times as will assure,
together with any moneys held in the 1992A =acrow Deposit
Fund, the availability of sufficient moneys:
(i) to pay when du~ the interest on the Refunded
1988 Bonds to Nuvember 1, 1998; an~
iii) te ~ay the redemption prices of the Refunded
~988 Bonds, which are to be redeemed on ~ov~mber 1,
at the redemption prises referred to in Section ~(h)(ii]
hereof.
id) The Escrow ~gent shall reinvest the income
received from the principal or interest payment~ on the
Government Se=urities not then need ~o pay =he ~rincipal of,
pre~i~, if any, and interest on the Refunded Bonds in United
Sta~es Treasury Obligations - Sta~e and Local Government
Series, bearing interest at & rate of zero per cent~ (0%)
annR~ (the "Zero 8~e¢ial Treasury Obligations"), as more
92-457 5/~7/92
set ~orth, ~n Kxhlb~t V a~ach~d hereto. The County her~_by
authorizes and dirssts the ~ssrow Agent to enter subscriptions
for such Zero Special Treasury Obligations from time to time
for and in the name of the county. The Escrow Agent
sub~cribe for ~uch Zero ~p~clal Treasury obligation~ in a
timely manner in order to ensure that such obligations are on
deposit in the 199~A ~scrow Deposit Fund at the time and in
Treasury Obligations shall not be available st the time er in
the amounts required, the Escre~ Agent shall net reinvest such
income; Dro¥ided, however, that at the written direction of
In¥~stment Securables as defined in e~aess (1) of the
Resolution (as hsraina£ter defined) having a yield not greater
Revenue Code o~ 1986 {the "code"), and the regulations
promulgated under such Section 148, as each is then in effect,
and shall be entitled =e rely exclusively upon an unqualified
opinion of a nationally recognized bond counsel with respect
~0 compliance with the code and such regulations, which
opinion shall accompany the afor~m~ntloned written direction
~ECTION 4. Eub~t~tut~eno~
(a) Moneys deposited with the Escrow Agent as described in
Securities, may, at the written dlrectlom of the County, be
noncallable ncnprepayable obligation= the principal o~ and
America (the "Substitute Government Secur~tles"), maturing as
will assure the availability of sufficient moneys to make
payment of the principal and/or redemption prices, as the ca~e
Bonds bo the respective maturity or redemption date~ thereof,
all as set forth in Section 3 h~rsof; provide~, however, that
concurrently with ~uch written direction, the County
provide th~ Escrow Agent with (i) a oer=ification of an
independent c~rtified public acsountant that such rcinvestment
complies with this Agreement~ including in particular Section
3 and this Section 4(e} o~ this Agreement, and assuming that
un4erlying ~uch certification, and {ii) an unqualified opinion
of nationally recognized bond counsel ~0 the effect that such
relnv~stment (1) will not cause any 1992 ~ond to be subjected
to treatment as an "arbitrage bend", as defined in Section I48
of the Code and the regulations adopted under such section
148, as each is th~n in ~ff~et, and (2) is otherwise in
compliance with this Agreement.
~b) Any reinvss~en~ amthorized by this Section 4
redemption or other disposition cf all er a portion c~ the
FUnd with the proceeds thereof being applied simultaneously to
the purchase of S~bstitute Government Securities, all as
specified in the written direction cS the County.
(a} The Escrow Agent shall deliver to the Tree=erst of the
County a transaction ~tatement describing each transaction
statement shall be prepared and delivered to the Treasurer of
92-458 5/27/92
(b) On or before August 1 sf sash year, =he ~sorow
Agent shall deliver to such Treasurer a Statement describing
the Government Becurities held by it in the 1992A Escrow
Deposit Fund, including the income earned therefrom and th~
maturities thereof, and any withdrawals of money from the
1992A Escrow Deposit Fund for the year ended ~u~e 30 of s~oh
year. :
~=CTION 6. Ps~rment of Principal and Rede~p~Q~
~kces of__and Interest On Refunded Bonds. On the respective
Refunded Bonds, the Escrow Agent mhall transfer to the Paying
Agen~ for the Refunded Bends, sufficient moneys, as set forth
in Appendix A hereto, from the matured principal of and
interest on the Government securities held in the 1992A Escrow
Deposit Fund, or other monsys or Substitute Government
Securities held in such Fund, for the payment of the principal
and/or redemption prices and the interest on the Refunded
~snds becoming due on such respective interest palr~ent or
redemption dates. The Trustee and Paying Agent for the
Refunded Bonds is Signet Trust Company.
SECTION 7. ~ey~hl~.__. DeOoSit; Express Lien.
subject to the terms hereof an~ except as otherwise provided
~e~ei~, the deposit of the moneys, Government Securitiem and
any substitute Government seourities in the 19~2A Escrow
Deposit Fund shall conmtitute an irr~vocabl~ deposit in trust
snlely fsr the payment of the Refunded Bondm (including
premium and interest thereon) pursuant to the terms of the
Bond Resolution (as hmr~inafter defined) and this Agreement.
The owners of the Refunded Bonds shall have an express lien on
the prinoipal of and interest on the Government securities,
and on any mon~y~ or Substitute Government securities on
deposit in the 1992A Escrow Deposit Fund, until the proceedm
thereof are paid sub, used or applied in accordance with ~his
SECTION S. Notices. (a) The Escrow Agent ~hall, on
behalf of the Trustee and without Surthsr authorization or
direction, cans= notice of the issuance of the Refunding Bonds
in substantially tbs form attached hereto as E~hibit III,
which form has been prepared in accordance with clause (iii)
sf the seusnd ssntenca of sa~tie~ 12.1(b) of the Bond
Resolution, to be published, at lea~t twice as ~oon ae
p~act~oable ~ut in no oase later than thirty (30) days after
the delivery of th~ 199~A Roads, at an inter,al of not less
than seven (7) days between publications in each of the two
newspapers or flnaneiaI journals se~ forth below, both o~
which are printed in the English lan~/age and customarily
published (except in the cass of legal holidays) at least once
a day for at lea~t five (5) days in each calenda~ weaR. Such
publications shall be made in The Richmond Timss-Dispatah, a
newspaper or financial journal of general circulation in the
County, and in The ~ond ~uyer, a newspaper Or £inaneial
journal of general circulation in th= Borough of Manhattan,
(b] The Tunney hereby designs=es the Refunded 1988
Bond~ for redemption on November 1, 1998. The ~=crow Agent
shall give, er shall cause the Trustee ~o give, notice of the
redemption of the Refunded 1998 Bonds, in the name and on
behalf of ~he Tsustss, su=h notice to be in substantially the
form attached hereto as Exhibit IV, which fO%~B has been
prepared in a~corda~¢e with Section 6.5 of the Bond
Re~olution, =u=h notice to be mailed by first claes mail,
postage prepaid, net less than thirty (30) nor more than sixty
(60) dayn prior to November 1, 1998 to %he owner uf each
the registration ~ooks kept by the Trustme.
92-459
(¢) The instructions set forth in subsections (a)
and (b) of this Section S.1 shall be irrevocable.
$~CTION 9. Liability of Escrow ~.qent. (a) The
liability of the Escrow Agent to make the payments requi~ed by
this Agreement with respect to the Refunded Bonds shall be
limited to the fundD deposited with it hereunder und thc
Government ~eourities and any Substitute Government
Securities. The Escrow Agent shall not be liable for any loss
resulting from any investment made pursuant to this Agreement
in compliance with the provisions hereof.
(b) In the event cf the Escrow Agent's failure to
account for any of the Government Securities, Substitute
Government Securities or funds received by ~t, such
Securities, Substitute Government securities or funds shall be
and remain the property of the County in trust for the owners
of the Refunded Bonds as herein provided, and if for any
reason ~uch Government Securities, Substitute Goverrment
Securities end funds cannot be identified, the assets Of the
Escrow Agent shall be impressed with a trust for the amount
thereof and, to the fullest extent permitted by law, the
County shall be entltled to a preferred claim upon such assets
until identification of such Government Secu~ities~ Substitute
t=~minata upon the puym=nt by the Escrow Agent to the Paying
Agent for the Refunded ~endu o~ all moneys re,sired by See%ion
6 hereof to be paid to such Paying Agent to provide for the
(b) Any moneys remaining in th~ ~99~A ~scrow
paid by the Escrow Agent to the Paying Agent for the Refunded
Bonds shall have been made shall be paid to the county by the
~scrow Agent, without further authorization an4 direction.
SECTION 11. Fees of Escrow A~ent. (a) The County
shall pay all necessary and proper fee~, co,pessaries and
ex~en~es of the ~s~row A~ent and any Paying Agent pertaining
to the Refunded Bonds, including, without limitation,
incurred in accordance with any provisions of =~is Agreement
(b) To the extent not ~ald out of the proceeds of
the date o~ ~el~very of the Refunding Bonds~ the County
pay th~ amounts described in ~ection il(a) when hille~.
(c) The ~$orow Agent acknowledges that the
above~specifled provisions for payment are satisfactory to it.
(d} In no event shall the amounts described in
Section ll(a) be payable from the moneys or Government
Which Escrow Aoent May Act: Replacement_of Escrow A~ent~
Th~ Escrow Agent agrees to perform all the duties and
obl~qatienm i~posed upon it by this Agreement as well ~s those
provisions of the ~ond Resolution and the Pifth Supplemental
Bond Resolution applicable to th~ performance of this
copies of Lhe Bond Resolution and the Fifth Supplemental
Re~olution.
(b] Subject to the provisions of Section l~(a), the
Esc~ow Agent may conclu,sively rely, as to the correctness of
statements, conclusions and opinions %herein, upon any
certificate, report, consent, natice, appointment er other
which shall be deemed ta have been sufficiently mad= or given
by the proper party or parties if executed on behalf of the
Co~ty by the County Administrator of the County.
(c] If the Escrow Agent shall cease to be eliglb'le
to act as ~serow Agent hereunder or shall resign as Escrow
Agent hereunder, the Escrow Agent~ if requested by the Couuty~
shall execute such agreements, assignments and other documents
as shall be necessary to ve~t in a successor escrow agent all
the title, rights~ duties end obligations of the E~crow Agent
Substitute Government seeuritie~ and other fund~ deposited or
Agreement. Upon acceptance Dy such successor escrow agent of
th~ trusts created hereunder, all further ti=lc, rights,
Agreement shall cease and dete~in~ an~ be discharged, except
for rights or liabilities thsratofora accrued to or by the
C0un~y or the Zscruw Agent.
$~CTIO~ 13. Incorooratlon bv Reference. The
applicable and necessary provisions of the Bond
a~opted by the Board o~ Supervisors of th~ County on July 24,
19~5 (the "Bond Resolution") and the Fifth Supplemental
R~solut~on a4opted ~y ~ Board of supervisors of the ~ounty
on May 13~ 1992 are incorporated herein by
provisio~ Of this Agreement to the contrary notwi~s~anding,
the County hereby covenant~ that it will nut ~s=, ON
the USe of, any proceeds of the Refunded Bond~ o~ the
th~ Agreement ~at ~ay be deemed t~ be the proceeds of the
the and regulation~ adopted under ~uch section 148, a~ each
then ~n effect, in a manner that would cause any of the
Refunded sends or the 1992A Bond~ to ba ~ubjected to treatment
under such Section 145 a~ an "arbitrage bond", and to that end
~e County ~hall co~ply with applicable regulations adopted
This Agreement is made for th~ benefit of th~ Co~nty and the
o~erwlss expressly provided herein. ThUs Agreement ~hall not
consent of all such o~er~ and the ~itt~n co~$~t
E~oro~ Agent; proVid~, however~ that the County amd the
Escrow Agent may, without the con.est of, or notioe to, such
own~r~ and a~ shall not be inconsistent with the te~s and
provi~ions of this Agreement, fur any on~ or more of
(i) to cure any ambiguity 0~ f0~mal defect or
o~iszion in this
(ii) ~o gran~ to, or confer upon, ~e Escrow Agen~
for the benefit of such owners any addltio~al rightS,
r~edies, powers or ~uthority ~hat may lawfully be
92-461 5/~7/92
(iii) to subject to this Agreement additional
fund~, securities or properties.
In the event this Agreement shall De supplemented by an
provisions of the immediately preceding sentence, the County
shall notify, in writing, each rating agency which shall have
proposed amendment to this Agreement contemplated in such
supplemental agreement prior to the effective date of such
amendment, and shall deliver to arch such rating agency a copy
of such agreement supplemental hereto within thirty (30) days
after the e~ecutien and delivery thereof. In the event that
Moody's Investors Servise, Public Finance Rating De~k/Refunded
event that Standar~ & Poor's Corporation is to be notified
(h} Th~ ~scrow Agent shall be mntitled to rely
bonds with respect to compliance with this section 15,
including (i) the extent, if any, to which any change,
modification er addition affects the rights of the owners of
the Refunded Bonds and the 199aA Bonds, amd (ii) the extent,
with the conditions and provisions of this Section
S=~TION 16. Severabilitv. (a) If any one er more
of the covenants or agreements provided in this Agreement on
should be determined by a court of competent jurisdiction tO
invalidity thereof shall in ne way affect the validit~ of
other provisions of this Agreement or of the Refunded Bonds or
cf the 1992A Bonds, and the owners of the Refunded Bonds and
accorded them hereunder and under applicable provisions of
(b) if any provision oS t~is Agreement
or deemed to be or shall, in fa=t, be inoperative or
unenforceable e= invalid as applied in any particular case in
any jurimdiction or jurisdictions or in all jurisdictions, or
in all oases ~ecaua~ it cen~liots with any constitution or
such circumstances shall nut kava hhe effec~
provision in question, inoperative or unenforceable or i~valid
SECTION 17. Law and Place of znfercement of this
o~ Virginia and shall be construed and interpreted in
accordance with the laws of the Commonwealth of Virginia and
any suits an~ actions arising cut of this Agreement shall
instituted in a federal court in the Eastern District of
Virginia cr in a circuit court ~n Chesterfield County,
Virginia.
SECTION 18. Counterparts. This Agreement may be
executed ~n several counterparts, all or any of which ~hall De
end be but one and the same instrument.
92-4S2 ~/27/92
SECTION %9, S~tion H~adinq~. The headings of the
several sect~on~ hereof shall be solely fsr csnvenienC~ Of
re~eren=e and ~hall not affect the me=nlng, construction,
interpr=tation or effect Of thim Agre=~ent.
IN WITNESS WHEREOF, the p~rties have each caused
this Agreement to be executed by their duly authorized
officers and attested as of the date first above written.
COUNTy OF C~ESTERPIELD,
VIRGINIA
By:
Title: County Administrat'or
CRESTAR BAN~,
as Escrow Agen~
Title:
EXHIBIT I
DESCRIPTION OF REFUNDED BONDS
Date cf Maturity PzinciDal
(November 1) Amount
EXHIBIT II
GOVERNMenT SECURITIES
United states Treasury Wote~ - state and Local Gov~r~cnt
First
PrincipR1 Interest Issue Maturity Interest
Amoun~ Rate Date Date Payment Date
United States Treasury Bill and ~otes
Prinuipal Interest Purchase Maturity A~cru~d
m~ Rate Date Date Price Interest
Total
Co~t
United States Treasury Bill
U~ited State~ Treasury Note
EXHIBIT III
NOTIC~ OF ISSUANCE OF REFUNDIN~ BONDS
92-463 5/27/92
COUNTy OF CHESTERFIELD, VIRGINIA, WATER AND S~WKR
REVENUE BONDS, SERIEs 19SS, MATURING ON NOVEMBER 1,
1~9 THROU~H 2006, ~0T~ INCLusIVe, A~D ON NOVemBER
NOTICE IS HEREBY GIVEN that the CouNty of
Chestsrfleld, Virginia (the "County") on , 1992~
issued its County of Chesterfield, Virgiaia, Water and Sewer
Revenue Refunding Bonds, series 1992A (the ~1992A Bonds")~ for
the purpose of refunding in advance of their atate~ maturities
its County of Chesterfield! Vir~inia~ Water and Sewer Ravenna
Refunding Bonds, Series 1988, maturing on November 1 in e~ch
o£ ~he years 19~9 through 2006~ both inclusive a~d 2010
"Refunded BoOd$"), which are outstanding as of the date hereof
in the ~u~ount of $27,558,173.20. A portion of the proceeds of
the 1992 Bondg~ to~th~r with other available moneys, have
been deposited with Crestar Bank, Richmond, Virginia, as
~$e~ow Agent (the "Escrow Agent'S), to be held in trust and
have bee~ i~vestud in c=rtain non-callable direct obligations
of the United States of Amerioa, all as s~t forth in an
Deposit Agreement, dated as of May 15, 1992, by and between
~he County of Ch~s%er£ield, virginia, and the E~orow Agent.
The proceeds of the 1992A Bonds and other available moneys so
deposited with the Escrew A~ent under ~uch E~O~OW Deposit
A~reem~nt are in such principal amount and invested in such
obligations as will assure sufficient ~eneys (~} te D~Y when
due the interest on the Refunded Bends to Nov~ber 1~ 1998;
aa~ (ii) to ~ay the redemption prices of the Refunded Bonds
maturing on November 1 in each of the y~ar~ %999 through 2006,
both inelusive~ and 2010~ which are to be redeemed o~ Nove~er
~, ]998 at a rsdempCion price e~usl to % of the respsetive
principal amount~ of the Current Coupon'~onds and % of
the r~spective ac~reted values of the Capital A~Drmciation
Bonds, together with the interest accrued thereon to November
The maturity dates, ~rinoipal amounts, interest
and cusip N~mbsrs for the Refunded Bonds are as follows:
Date of Maturity
(November 1~
Principal Interest
~ Rate CUSIP Number
This notics and the information eo~ai~e~ herei~ are
provided solely for the information of the owners o~ the
Rsfunded Bonds. There is no need for th~ o~n~ of tKe
Refunded Bond~ to take any action with respect bo their
Refunded Bond~ at the present time. This notice is ~eing
given in accordance with in~tructiens from the County an~ is
being given in the name of the County and Signet
co~pany, a~ Trustee for the owners of the Refunded
Dated: , 199~
CRESTAR BAN~,
AS ESCROW AGENT FOR T~E
COUNTy OF C~T~FI~D, VIRGinIA
NOTICE OF REDEMPTION
COUNTY OF CHESTERFIELD, VIRGINIA, WATER A/qD SEWER
REVE~U3E REFUNDING BONDS, SERIES 1988, MATURING ON
NOV~BER 1, I~99 TBROUGN ~006, BOT~ INCLUSIVE, ~
O~ NOV~J~R I, 2~10
92-464 5/27/92
NOTICE IS HEREBY GIVEN that Signet T~u~t Company, as
Trustee (the "Trustee"), under a 5end Resolution, adopted on
July 24, 1985, as $upp!eme~ted by a Fifth Zupplemental Bond
Resolution, adopted cn Kay 13, 1992 by the Board of
Sup=rvisor~ of the .County of Chesterfield, Virgimim, has
~osignated for redemption and will redeem and pay on November
1, 1998, the above-referenced Bonds, maturing on Novembmr I in
each of the years 1999 through aOO~ ~oth inclumive~ and 2010.
Th~ maturity dates, principal amounts, interest rate~ amd
Date of Naturlty Principal
CUSIP Number
The Bondm opecified above will he redeemed on
Nov~ber 1, 1998, u~on ~reomntation and surrender of ouch
Bo~d~ at tho principal corporate trust office of Signet Trust
Company, in the C~ty of Richmond, Virginia, Paying A~ont for
~¢h BO~dS. On a~d after November !, 1998 interest will
to accrue on the Bonds specified herein. The Current
Bonds will be redeemed at a re~emptisn price equal to %
Of t~ae principal amount thereof together with the interest
a¢¢in/ed ~here0n to November l, 1998. The Capital Appreciation
Bo~d~ Will be redeemed at a redemption price equal to %
of the accr~tod valu~ thereof on November I, 199S.
lender £mderal law, the ~aying agent ~or ~he
~pecified above for redemption may be required to withhold 20%
of ~ayments to owners presenting such ~onds for redem~tioo if
such owners have failed to furnish a taxpayer identification
penalties of perjury {or that ~uch holder is awaiting a
taxpayer identification number), certification may De made on
Int=rn=l Revenue Service Form W-9, which may be obtained from
the Internal Rmvenum Service or moot local banks and brakors.
Failure of an owne~ to complete and return ouch
tm such Payin~ Agent, at tho addreso ~nd~cated above for
presentation and surrender of ~u~h Bo~ds, may result in backup
wiLhholding cf 20% of any payment of r~demptian price to be
made to such owner.]*
Dated:
[Nat lesm than 30 days nor more
th~n 60 days prior to November
1, 1998]
SIGNET TRUST COMPANY,
*To be revioed as appropriate at the time of mailing.
EXHIBIT V
ZERO SPECIAL TR~A~t~Ry OBLIGATIONS
Principal Interest Isouo ~aturity
Vote: Unanimo~
92-455
]6. RI~.UEBTM FOR]~OBII.EHO~E
In Be~uda M~gi~te~i~l Di~rict, ~ D. ~A~ requested
renewal of Mobile Home P~rmit 8S$172 to park a mobile h~ in
a Co--unity B~siness (B-2) District. The d~nsi~y
proposal is approximately .94 unite/acre. The Uompreh~nmive
Plan designates the prop~r%y for general oomm~roial use. This
property fronts the west line of Jefferson Davis Highway,
approximately 600 feet south of Forest L~e Road, an~
batter known as %~900 J~ffermon Davis ~ighway. Tax Map 133-7
(2) ~i~ city ~a~s, B%OC~ A, go~ 12~ (S~eet 4~).
There wa~ no opposition
approvod Cago ~lSRORg~ for ~ovon (7) yoarm, ~ubjoct to
followlnq standard ~onditions:
1. T~e applicant ~hall be the owoer and occupant of the
mobile home,
2. No lo~ or parcel may be rented or l~as~ for ume a~ a
mobile home ~i~e~ nor ehall any mobile home b~ rimed for
rental property. Only one (l) mobile kome shall be
permitted to be parked on an individual lot or parcel.
an~ o~er zonln~ requirements of the applloa~le zoning
dishrict shall be complied with, except %ha% no mobile
4. ~o additional p~rmanent-type llvlng ~pace may b~ added
onto a mobile home. Ail mobile homes shall be skirted
but ~hall not be placed on a permanent foundation.
5. Where public (County) water and/or sewer are available,
they ~hall be used.
6. Upon being granted a ~obile Home Permit, ~e applicant
shall th~n obtain th~ n~camsary pa~its from the Office
the installation or relocation of th~ mo~ile home.
Vote:
In Bermuda ~agis~erial District,
renewal of ~obile ~ome ~ermit 8S$0~0 to park a mobile home in
a Travel Trailer Park (B-T} D~triot. The density of the
proposal is approximately .~§ units/acrs. Th~ Conpr~hen~ive
Plan desi~nate~ ~e propsrty for residential use of 2,51 to
4.00 ~nits/acre and g~neral co~m~ercial
f~ont~ th~ w~st line of Jefferson Davis Highway, approximately
6~ feet ~ou~ Of Forest Lake Ro~d, and is bettor ~own as
13902 Jefferson Davis Highway. Tax Map 133-7 (2) Mid City
Fa~, Block A, Lo~ 12
staff recommended approvak subject to standard
Mr, carl Adenauer, representing the applieant~ stated the
present.
approved Case 91SR~5 for ~v~n (7) years, subject to the
following standard conditions:
1. The applicant ~hall ba the OWner and occupant of the
mobile home.
mobile home ~ite, nor shall any mobile home be u~sd for
rantal proparty. Only one (1) moDile home shall be
permitted to be parked on an individual lot or parcel.
and other zoninq requirements of the applicable zoning
district shall be compliad with, axcapt that no mobile
residence.
4. No additional permanant-type living sDace may be a~ded
but shall ns__t be Dlaced on a perma~ana founds=ion.
they shall bs umad.
Upon being g~nted a Mobile Homa Par~it, tha spplicant
shall than obtain thc necmssary permits from thn 0ffic~
of the Building Official. This shall ba dona prior to
Any violation of the above conditions shall be grounds
Vote:
In Bermuda Magisterial Distr~c~, R. THOMAS HaTm.~-L, ~ ~R
park s ~obile home in a Co~unity Business (B-2) District.
The density of the Dropusal is a~proximately .94 units/acre.
T~e Comprehensive Plan desiqnates the p~operty for commarcial
u~. Thi~ property front~ tha north linc oK ~ast Hundred
Road~ approximately 950 feet ~est of Rivers B~nd ~eBlevard,
(~) Westov~r Farm~, Lot 22 (Sheet 33).
~ir. J~cohson presented a summary of Case 92SR0108 an~ gtats~
staff rsc~mmanded approve~ subject to standard conditions.
Mr. R. Thomas Kallett and Ms. Blair R. Hallett ~tated the
reco~endatlon wa~ acceptable. Ther~ was no oppositio~
On motion of Mr. McHale~ ~ec~nded by Mr. Barber, the Board
following standard conditions:
1. The applicant mhall be th% owner and oCCUpant of the
92-467 5/27/92
No lot nr parcel may be rented or leased for use as a
mobile hame site, nor shall any mobile home he used
rental property. Only one (l) mebile home ~hall be
permitted to be parked on an indlvidual lot or
3. The minimum lot size, yard setbacks, reguired front yard,
and other zoning requirements of th~ applicable zoning
dietrich ehalI be oonplied with, except that no mobile
home shall be located closer than 20 fee~ to any existing
residence.
4. No additional permanent-type living space may be added
O~tO a mobile home. All mobile homes shall ba skirted
~+ Where public (County) water and/or sewer are available,
they ~hall be u~sd.
6. Upon being granted a Mobile Home Permit, the applicant
~hall then obtain the necessary permits fro~ tbs 0ffic~
of the Buildin~ official. This shall be done prior to
the inmtallation or relocation of ~he mobile
Any violation of the above conditions shall be grmundm
Vote:
roaching from Agricultural (A} to Convenience Businemm (C-1).
pe~itted in a Convenience Business (C-1) District. The
Comprehensive Plan ~es~gnate~ the property for community mi~ed
approximately 440 feet on the west line of A~hlake Parkway,
almo fronting approximately $~ feet on the nor~ line of
intersection of these roads. Tax Map ?5-S (1) Parcel 6 (Sheet
2o).
the Planning Commission and staff recommended approval and
request conformed to the Upper swift Creek Plan.
present.
conditions:
1. Prior %~ o~taining a build~ng per, it, one of the
following shell be accomplished for fire protection:
A. The OWner, developer or ammignee(m) mhall pay to th~
county $1MO per 1,000 squar~ feet of gross floor
and the date of payment. With the approval of the
Connty's Fire Chief, the owner, developer er
required payment for the cost of any fire
which is included as a part of tke d~velopment.
B. The owner, developer or assignee(s) shall provide a
fire suppression system not otherwise required by
law which the. County's Fir~ chief determines
substantially reduces the need for County facilitie~
otherwis~ necessary fur fire ~robectimn.
2. There shall be no direct access from tbs subje=t property
to A~hbrook Parkway.
3. Access from the subject property to A=hlake Parkway shall
be limited as follows:
A. if Ashlake Parkway is a two lame undivided road from
Route 360 to Azhbrook Parkway, access shall be
provided through the adjacent property to the north
(Tax Map 75-~ (%) ~arcel 9). The access shall be
located approximately midway between Amhbrook
Parkway and Route 360. The exact location of thi~
assess ohall b~ ~pproYed by the Transportation
Dopartmsnt. Prior tc $i~ plan approval, access
easement(e) acceptabI~ to the Transportation
Department shall be recorded.
If Ashlake Parkway is a divided road from Route 360
to Ashbruok Parkway~ direct ac~e~ shall be limited
ts one (1) entrance/exit located towards the
northern property line_ The exact location of the
dirsut access to Ashlaka Parkway shall be approved
by the Tran~pcrtatlen Department.
4. Prior to the issuance ~f an occupancy permit, additional
pavement ~hall be constructed along Ashlars Parkway ut
the approved access to provide a right =urn lane.
Site plan~ shall be submitted ts tbs Planning commission
~or re~iew and approval. At least twenty-one (21) days
prior to the Planning Commission's consideration of the
site plan, the owner/developer shall notify all adjacent
property owners cf the time and da~e of the Co~issicn's
con~id=ru%ion of the site plan.
Ia ~idlethian ~agisterial Di~r~ct, LO~DONBE~Ry CO~PO~ATION/
Use Planne~ Dmvelo~men= (C~ 87S004) %o permit an increase
th~ p~rc~ntag~ of gross floor are= u=~ for display of goodm
an~ arti=le~ for ~ale in conjunction wi~ offiou/Warehous=
u~e. The density of ~uch amundment will be con=rolled
zoning conditions Or ordinance standards, Th= Comprehensiv~
Plan deslgnate= the property for offiue use. This request
lia~ i~ a~ 0ffic~ Business (0) District on a 3.7 acre parcel
fronting appro~inately a~o fee~ on the east lin~ o~ au~uenot
Road~ approximmtely llO ~eet ~o~th of Feather~tone Drive. Tax
Mr. Jacobsen pr~nt~d a summary of Case 92SNOI40 a~d stated
the Plan~i~g C0~mi~ion und staff recu~ended approval
to a condition.
~r. ~ike carl~ re, re,eating th~ appliGant~ stated th~
r~co~endati~n was acceptabl~. Th~r~ was no opposition
On motion of Kr. Barb=r~ seconded by Mr. McHale, th~ Board
approved Case 9~SN0~40 subject to ~e following condltlon:
A maximum cf forty-five (~5) percent of tho gross floor area
may be used for the display of goods and articles for sale in
compunction with office/warehouse usam.
(NOTES: A. This condition modifies Condition 16 of Case
87SQ04.
Except es noted herein, all other applicable
conditions of zoning approval for Case 87S004
remain in
Vote: Unanimous
925N014!
In Bermuda Magisterial District, GR~4~[Tr~L
requested amendment to Conditional Use Planned Development
training echool~, and contracter'~ office~ and d~eplay rooms,
in a Convenience Business (B-l) District. The density of such
amendment will be controlled by zoning eenditien~ or Ordinance
etandards. The Comprehensive Plan designates the property for
iiqht industrial use. This request lies on a 1.9 acre parcel
fronting approximately 520 feet on the eouth line 0£ West
Hundrsd Road, al~o fronting approximately 460 feet on old
~ermuda Hundred Road, and located in the southwest quadrant of
the inte~eectiun of these roads. Tux Map 1~7-12 [3) Midway
Farms, Lot i (sheet 33).
the Planning Commission and staff recommended approval subject
~r. Oliver D. Rudy, r~re~en=~ng the applicant,
on motion of Mr. McHale, ~econded by Mr. Warren, the Beard
approved case 92SN0141 subject to the following condition:
The development shall be limited ~o thou~ usaa permitted in a
Convenience Bu~ine~m (B-l) District plus printimg
m=slc, dance, b~iness, vocational an~ training school~;
contractor offices and di~play room~.
85S117.
b. Ail ot~er oondition~ of zonin~ approval for
In R~l~muda Magisterial District~ PE~K IRON AND ~TAL CUMPANY~
INC. requested rezoning from Cenersl ~ndustri&l (~-2) to
Agricultural (A) with conditional Use to per, it non-metallic
mlnerml and wood pro~uats manufacturing, s~ecifioally, ~he
applioan~ intends to reclaim and recycle construction debris.
Th~ d~n~xty of $~=h amen~en% will be controlled by zoning
conditions or Ordinance otandards. Thc Comprehensive Plan
designates the property for general industrial usu. This
request liem on a 17.86 acre parcel lying at t~e eastern
.92-470 5/27/92
~he Planning commission and ~ta~f recommended approval subject
central Area Land Use and Transportation Plan.
Mr. Olive~ D. Rudyt representing the applicant, stated the
recommendation was acceptable. There was no opposition
present.
~. Mcffale ~t~ted the applicant had diligently resolved the
concerns expressed by ~he area neighbors and recognized Ms.
Mildred Tucker, who was present on behalf of the applicant.
On motion of Mr. Mc~al=, ~cended by Mr. Barber, the Boa~d
1. ~oept as stated herein, the Outline of 0Deration
tho ProPosed Site Conditions submitted to the Planning
Department on April l, ~992, and the plan entitled
E~99p~ R~eycl~ng plaD~, rev~ed March 90~ 1992, ~halt be
considered the plan ~f operation.
The 100 year floodway of Falling Creek shall be
maintained a~ a Duffer. Existing vegetation within this
buffer shall be preserved and maintained. ~xisting
within this buffer shall be supplemented, where
necessary, with trees of species having am average
minimum mature crown spread of ~reate~ than thirty
£eet and a minimum caliper of three and one-half (3
at least one (1) tree Ior each twenty (20} lineal feet oX
buffer. In addition, cleared areas of 300 square feet or
to achiev~ a minimum density of one (1) tree for each 300
approval, a landscaping plan depicting this requirement
approval. (P)
(a) The Falling Creek floodway
wetlands. Tree ~pee~ee end landscaping
installation mue~ conform to applicable
speciflcatienm and accepted procedures for
planting within such wetland areas.
{h) Land disturbance for landscaping within
wetlands must be approved by the U.
Army Carp of ~nginearu.)
Prior to r~lea~e c~ a building permit, a pedestrian
and for Chesterfield County, ~ree and unrestricted. The
approved by the Department e~ Parks an~ Recreation at the
time of site plan review. (R)
(NOTE: Land disturbance for pedestrian accede path~
and an~oc~ated facilitie~ must ba approved by the U.
~. Th~ public wa~tewat~r ~y~tem shall be u~ed. (U)
5. Buoyant materials shall not be stockpiled on those
portions of the property zubject to flooding. Within two
(~) days notice by the National weather service of an
impending flood where t~ crest iz anticipated to reach
~h~ fini~he~ elevations of the materials receiving,
materials shall cease and all buoyant materials shall be
removed to a location above the flood waters.
(NOTE: This conditisn supersedes Condition 9 of the
Proposed Site Conditions.)
6. ~%terial stockpiles shall not exceed a height of twenty
(20} feet above finished g~ade.
(NOTE: This condition supersedes Condition 16 of the
7. ExtoRt as noted herein, development shall conform to
requirement5 of the Zoning 0rdinanee (Chapter 21,1) for
I-3 Districts in Post Development Areas.
(NOT=: This condition will require landscaping within
required setbacks. This landscaping is inclusiv~ of the
landscaping and tree preservation required by Condition
stated herein and Proposed Site Condltionsr Condition 6.)
~. Within two (2) day~ notic~ by th~ ~atlonal Weather
Service of an impending flood where the crest is
anticipate~ to reach the £inishe~ elevations of the
portable equipmen~ shall shall be removed to a location
abov~ t~e flood waters-
(NOTE: This condition supersedes Condition 8 of the
Prouosed ~ita Conditions.)
~aoiliti~a shall be designed ~uch that activities do not
generate noise level~ abo~e 60 dba for more than six
minutes during any hour (60 dBaL10(h)) betwemn the hours
of 7:00 a.m. and 7:00 p.m.~ or above ~0 dba for nors than
six (6) minutes durin~ any hour (50 d~aL10(h)) between
the hour~ of 7:00 p.m- and ?:00 a.m,, ~easured at any
Dolnt on Par=al 21 on Tax MaD 53-1~ (1) (i.e., Falling
Creek Apartments) and on any residential lots fronting
chester Hill Circle. In addition, faoilitie~ shall be
designed such that activities do not generate noise
levels a~ove 75 dBa for nora than six (6) minutes during
any hour (75 dBaL10(h)), m~a~ur~d at any point on any
other adjacent property. The no,se levels
herein ar~ exclusive of ambient background noise.
At the request of tho Planning Department, the
owner/developer/operator ~hall provide noise
acceptable to the Planning Department that demonstrate
compliance with the~e ~e~uirements. At the request of
tho owner/developer, the Director of Planning may modify
the nethod of quantifying the noise environment (the
noise descriptor) outlined herein 9rovids~ such
nad~ficatie~ achieve~ the intent of the criteria
~p~clfied herein.
(NOTE: This con~itian supersedes Condition 12 of the
Pruuosed site Conditions.)
1~. Tn conjunction with site plan submission, a plan for
controlling dust and litter generated by vehicles
entering and leaving the site shall be submitted to the
Plenning Deportment for approval. This condition shall
include provision~ for re~oving du~t a~ litter along
Station Road generated by vehloles entering and leaving
the facility.
(NOTE: This condition supersedes Condition 14 of
Prsnosed sits Conditions.)
11. ~etala, plastics and other re=yclable and no~recyolable
materials generated as by-products of the principal
~anufaoturing opera=ion shall be deposited and contained
in dumpsters or similar portable enclosed
5/27/9~
(NOTE: This oond£ticn supersedes csnditian
the Rronczed Site Conditions.)
Unanimous
15 cf
92~N0149
In Bsrmuda Magisterial Di~trlct, ROBERT J. MARTINKO requested
rezcniug from Residential (R-15) to Residential (R-12) with
C~ditional u~e Planned Development to permit two-family
dwelling~ and bulk exceptions. Re~dential u~ of up to
units per acre is permitted in = Residential (R-12) District.
The d~nsity of such amendmen~ will bs co,trailed by zoning
unit~ per acre. This request lies on a 3.82 acre parcel lying
Road. Tax Map 81-55 (~) Part of Parcel 19 (Sheet
~. 3acob~on presented a s~ary of Ca~e 9~S~0i49 and
the Planning co~ission and staff reco~ended approval subject
to conditions and acceptance of a proffered condition.
fu~t~e~ ~tated tbs ~aquest confo~ed to the Central ~ea ~nd
~cceptable, There wa~ no opposition present.
on motion of Mr. MoHRle, seoonded by Mr. colbe~t~ t~e Board
approved Case ~2SNQ149 subject to =he followin~ cond~=~on~:
The following conditions notwithstanding,
upplication, T=xtuul Statement und plan shall be
=onsi~ered the ~aster ~lan. Approval o~ ~hi~ plan
no% imply approval of any particular road alignment or
2. Single family and two-family dwelling unit shall have
compatible architectural desi~.
~o more than two (~) ~ingle family dwellings shall
~tached. (P)
(N~E: This condition ~uparsede~ A. of the Textual
Statement.}
~oard a~c~pted ~h~ followin~
And, further,
condition:
For each residential lot developed in excess of the nine (9)
lots currently permitted undsr ~he existing R-IS zoning,
epplioant~ subdi~ider~ or assignee(s) shall pay the following
to =ha County sf chesterfield at the time of ~uildiDg
ap~lioation fe~ i~f~a~tr~cture improvements within the service
district ~or ~he property:
exceed $4,000 per lot, if paid b~tween ~uly 1, 199~, and
Jun~ 30, 1993, i~cl~sive~ or
¢, The amount approved by the Board of Supervisors not to
e~ce~d $4,000 p~r lot adjusted upward by any increase in
the Marshall and Swift Building Cost Index between July
1, 1992, and July I of the fiscal year in whish
vote: Unanimous
9~-473 5/~7/9Z
rezoning from comnunity Business (B-2) to General Business
(C-5). The density of such amendment will be controlled by
zoning conditions or ordinance standards. The Comprehensive
Plan designates the property for general us~mcrclal uss. This
request lie~ on a 0.96 acre ~areel f~ontimg approximately
feet on the east line of Psrrymont Ruud, apprsximu=ely
feet south ef Che~ter Road. Tax Map 81-4 (1) Parcel 16
a¢=eptance of the proffered ¢ondi=ions. He further stated the
request conformed to tho Central Area Land Use and
Transportation Plan.
MT. Dean Hawkins, representing the applicant, stated the
present.
approved Case 9ISN0151 and accepted the following proffered
1. Pris~ to issuance of any additional building permits,
forty-five (45) feet cf right uf way un tho east side uf
cf Perrymunt Woad i~h~ediately adjacent to ~he property
benefit of Chesterfield County.
2. ~rier to issuance of an occupancy permit for any
development that would qenerete a significant increase in
traffic above tho traffic generated by a oontraots~ shop
and storage yard, additional pavement ~hall be
right-turn lanes, if warranted, an determln~d by the
Transportation Department.
Vote: Unan~mou~
In bale Magisterial District, W. S. CAI~qH$, INC. requested
a~ondu~ent to Conditional Use Planned D~velop~ent
90SN~289) relative to setbacks and to the lccatlon of single
family and tw~-family homes. The density of $~¢h
will be con~rollsd by zoning condltlon~ or ordinance
standards. The Comprehensive ~lan des~gnate~ the prop~l~y for
residential use of 1.51 to 4.00 units per acre. Thee request
lies in a Residential Townhouse (R-TH) Distri=t on a 30.7 acre
parse1 fronting a~proximately 3~O £ee~ on the north line Of
Cogbill Road, approximately ~0 feet we~t of Kedlesten Avenue,
also lying off the east l~na of Iron Bridge Road, across from
West Rock Spring Drive, and at the w~t~rn termini of ~rty
Boulevard and Stanley Drive. Tax Map S2-10 (1) Parcel 7 and
Part of Parcel ~ add Tax ~ap ~-I0 (lO) ~raxton, Lots 1
~rouqh 74 (Sheet
Mr. Jacobsen pre,eared a ~ary of Ca~e 92SN0166 and stated
~. Terry Pruit~, representing the applicant, stated
~eCOmendation was acceptable. There w~ no opposition
92-474 5/27/92
On motion of Mr. Daniel, seoonde~ by Mr. McHale, the Board
approved Case 9~SN0166 subject to the following conditions:
1. The minimu~ rear yard ~stback fe~ single family and
two-family homes shall be fifteen (1~) feet.
(MOTE: This condition supersedes the Textual Statement
for Case 90SN0259, Attachment No. 1, List of Special Use
and Bulk Excsotions. 3. and Summary of zonin?~O3c~in~ce
Requirements for R-TM District and of Applicant's
Proposal~ yard, rear.)
single family and two-family home~ may be tooatsd within
the ~ame "land bay" or on the ~ame ~tr~t.
(ROT=: Thi~ condition supersedes the Textual Statement
for Case 90SN0289, 3. Description, a. Townhouse
Devel~mant, part 0£ paragraph 2 and 4. Gene~al
Condition~, Residential Townhou~e District, 4.12.)
Single family and two-family dwelling units ~hell have
oompatihle arehitee=ural ~eeigne. (P)
Vote:
In Dale Nagieteria! Oi$trict, B~KY E. ~YERS, JR. requested
resoning from Agricultural (A) and community susinese (B-2) to
Community Business (C-3). The density u£ such amendmen~ will
be controlled by zoning conditions or ordinance ~tanda~dm.
The Comprehensive ~lae ~esignates the property far office and
light co~ercial use. T~iu ~eq~est lies on $.0 acres fronting
approximately 1,140 feet on the east line of Iro~ Bridge
al~o fro~ti~g appre×imatel~ 840 fe~t on Lori Road, and located
in the southeast q~adrant o~ the intersection of these roads.
Tax Map 95-3 (1) Parcel 7 and Tax Map 95-7 (1) Parcel ~ (~heet
~) .
Mr. ~acobscn presented a summary o~ case 915N0199 and stated
staff recommended denial as the request did not comply with
applicant ot~e~ options ih ~hich some cc~ercial u~e~ on th~
stated the Planning Commi=sion race--ended approval and
acceptance of ~s proffered condition which would limit
uses to C-2 or neighborhood co~ercial u~. Wh~ asked~ he
sta~ed th~ Board had deferred the re~e~t in order to provide
the applicant an opportunity to addres~ th~ requ~ in greater
applicant included property that wa~ not m 9art of this
request an~ was no= legally
~. ~enry E. Myer~ ~tated he f~l% the uses for the
were extremely llnlt~d dU~ to th~ w~tlands. He fur=her stated
h~ had a~empted to work with =he County regarding ~e request
and had met with a r~pre~en=ativ~ from t~e C~n~ral Library
regarding ~e plan.
~. Robert Bass, representing Branches Trace Homeo~er~
Association, stated they would ba opDo~a~ to any type of
business operating after sundo~. He recognized the
who were present an~ it was n0~ed approximately fifteen
par~o~ ~toud in opposition to ~a request, H~ stated they
were concerned a~ to ~oiee and air pollution and additional
Water run-off which w~uld ba created by the request, safety
concerns for ~he ~hlldren ~alkin~ to ~he library~ and
request decreasing their proper~y values; that they were
opposed to any new traffic outlets onto Lori Road from any
non-residential development; and that ~hey f~lt any
~2-475 5/27/92
proposed on thi~ alta should include a buffer zone between
petition from Branches Colony and Branches Trace opposing the
request.
Ms. Nancy Campbell stated she owned property at Branches
Trace; that she was a patron of the Central Library and felt a
servi~e station would negatively impact the area; and that she
was concerned about the request decreasing the value of her
property.
others and felt the proposal wag the bent and only uno for the
property since =here wes currently no demand for office space
and indicated he ha~ owned the properby for over £orty years.
When a~ked, he ~tated the picture depicting the colonial
service station had been shown to the Planning Co~missicn and
he had attempted to approach all viable options for the site.
}ir. Jacobsen stated if the property was rezoned tc ~i~e C-3
classification, standards in the zoning ordinance would
view.
ICC. Daniel stated when the Beard had deferred the =sca/est, it
had been discussed a~ to the ~ta be~q integrated into a
comprehensive rezonin~ request and staff had indicated ~e the
applicant, optioDs for a combined ~oning request for the
entire sits. ~e further s~ated the drawing wsm not legally
e~ferceable ia terms of zoning and, therefore, he felt there
warm two available optienm -- either to deny the requemt and
the applicant could wait one year and bring another reque=t
forward or to remand the request to the Planning Commission
provided the applicant made an application cf zoning for the
entire mite.
~Ir. Myers stated he no longer owned the thirteen acres
involved in the wetlands an~, therefore, did not feel t_he
second option wa~ viable.
Mr. Daniel ~tated the ~pplicant could work with the property
owner and together bring forth a combined zonln~ rs~uemt. Ns
zoning plan and in eon~ernsnce with the central A~ea Land U~e
On motion of Mr. Daniel, seconded by Mr. Warren, the Board
In Midlothian Magisterial District, WftI~£~N
requested amendment to Conditional Use Planned Development
(Case 83S024) relative to signs. ~e density of such
amendment will be controlled by zoning conditisn~ or Ordinance
~tandard~. Tho Comprehensi¥~ Plan designates the property for
general commercial use. This request lies in a Ligh~
Industrial (M-l) District on a 3.0 ae~a parcel f~onting
approximately 34B feet on the south line of Midlnthian
Turnpike, also frontinq approximately 410 feet on Johnston
Willi~ Drive, and lo~a=e~ in ~he ~outhwest quadrant of the
intersection of the~m road~. Tax Map 17-10 (1) Parcel
92-476 ~/27/92
~Lr. Jacobsen presented a s~ary of Came 925N010~ an~ stated
staff recommsnded denial based mn the new ~ign mtandard$ end
Co~h~ission rsoomm~nded approval sub~ect to a condition
limiting the ~ign area and reducing the height maximum.
F~r. Jack Pearsol, representing the applicant, stated they
accepted the recommendation of the Planning Commission. He
reviewed ~e re,est of the applicant and stated the signs
would not negatively impact ~e area. He noted the intent
the old Zoning Ordinance an~ the new Sign Ordinance wmre being
After brief discussion, on motion of Mr. Barber, mecond~d by
following condition:
~o (2) freestanding signm mhall be per~iDted along ~oute
Theme signs shall not exceed ~ combln~d area of 150 square
feet or a height of twenty-five (25) f~et. ~se signs may
internally illuminated provided the sit,fields ute opaque.
With r~spect to fr~estandlng mign~ to identiCy ~he axis=ing
automobile dealerships on the requemt proper~y, the~e
shall conform to the signs depicted in the ~ign package
mubm~tted on Marnh 12, 1992. (CPC)
(NOTES: (a) This condition ~upe~sedes Condition 20
the request property, only.
(b) Wi~ the approval of thi~ request, CondiClon
d~picted in the sign package ~ubmitt~ ~ ~aruh
12~ 1992, and the sign pa~qe for these ~igns
(c) With the approval of thi~ r~que~9, all other
applicable conditions of zoning approval for
Vote: Unanimous
g2SN0150
In Bermuda Magisterial District, D-E COM~, A ~RGINIA
general Business (C-~I, with Conditional Uss to permit a
plastics reclamation receiving center, in conjunction with an
aluminum, gla~$, and paper r~clamation reoeivin~ center. The
density of such a~endment will be contrulled by zoning
conditions or ordinance standards. The Comprehensive Plan
demignate~ th~ property for general commercial u~. This
request lles on a 2.75 acre parcel fronting approximately 300
feet on the west line cf Jeffer~o~ Davis ~ighway,
approximately 52s fe~t ~ou~h of Osborne Road. Tax Map 98-14
(~) Parcel 3 (Sheet
Planning co~ission and staff ~eeOmmend=d approval subject to
~, Dean Ha~kins, r~pr~zenting the applicant, stated
applicant oc=upie~ ~h~ ~ite and ha~ no% ruuliz~d they were
Violation of the Zoning OrdinanGe and w~re requesting
zoning to bring them in complisnce with the u~
He noted their intent was for the site plan to De reviewed by
the Planning co~i~eion. There was no opposition pre~ent.
Hr. McHale ~tated the applicant had worked on the reqUeSt
although the request was not the best type of use to be
included in ~he Jefferson Davis Highway Plan, he felt the
applicann had made an effort to improvs the aesthetics and to
provide adequate screening with a site plan review by the
Planning Commission which would allow an opportunity for
public comment and input into the request.
After brief discussion, on notion of ~Ir. McHale, se=ended by
Mr. 8arber,~ the Board approved Case 92SN0150 subject to the
following cundi%ion:
In conjunction wi~h site plan ~ubmi~sion~ and prior to final
site plan approval, a phasing plan for all required
improvements shall be submit%ed to the Planning Commission for
approval. Ail required improvements shall b~ completed withi~
lS~ ~ays of the a~roval o£ %ha site plan.
And, further, ~he Board accepted the following ~reffered
conditions:
1. ~rlor to any additional buildlng per~its, sixty (60) feet
of right of way on the ~est side of Route 1/301, as
adjacent to the property~ ~hall be dedicated, fred and
unrestricted, to ~nd for the ben,fit Of the County of
Chesterfield.
Prior .to the issuance of an occupancy permit for any
development that would gsnmrate a significant increase of
traffic above the traffic generated by a material
reclamation receiving center, as determinsd by the
T~ansportatinn Department, an additional lane of
and curb and gutter shall bs constructed along Route
1/3~1 for the entire property frontage.
Vote: Unanimous
17. A[LTOURNI'IEIfl'
On ~otion of Mr. Colbert, seconded by Mr. Warren, the Board
adjourned at ~:0~ p.m. untll June 10, t992 at ~:00 p.m.
La,fo' M, Ramsay '
County Administrator
~Mry~Cw. Daniel
Chairman