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11-24-1976 MinutesVIRGINIA: At a regular meeting of the Board of Supervisors of Chesterfield County, held at the Courthouse on November 24, 1976, at 9:00 a.m. Present: Mr. E. Merlin O'Neill, Chairman Mrs. Joan Girone, Vice Chairman Mr. J. Ruffin Apperson Mr. C. L: Bookman Mr. Leo Myers Mr. Lee O. Falwell, County Administrator Also Present: Mr. Stanley Balderson, Principal Planner Mrs. Joan Dolezal, Secretary Mr. C. G. Manuel, Asst. Co. Admin. Mr. Steve Micas, County Attorney Mr. Pobert Painter, County Engineer Mr. Mgchael Ritz, Planning Director Mr. David Welchons, Asst. Co. Engineer Mrs, Girone called the meeting to order. Mr. Falwell gave the invocation. Mr. Dick O'Hallaron of the Scottingham Subdivision presented the Board with a petitic~ signed by 11 residents in the Scottingham, Buford N~ad, Bon Air Hills area asking that the Board defer action on the Powhite Parkway extension ~ltil they had received further input from area resi- dents. Mrs. Rachael Polhill also presented the Board with a petition signed by approximately. '125 residents in the general area opposing either Line E or F. Mrs. Girone stated that this topic was not coming ~p for discussion at this meeting but the petitions would be entered into the record. It was on motion of Mr. Bookman, seconded by Mr. Apperson, resolved that the minutes of October 28th and November 10th be approved as amended. Ayes: Mrs. Girone, Mr. Apperson and Mr. Bookman. It was on motion of Mr. Apperson, seconded by Mr. ,Bookman, resolved that the resolution passed on March 24, 1976, asking that Merrisett Road be improved for rural road acceptance was rescinded Ayes: Mrs. Girone, Mr. Apperscn and Mr. Bookman. Mr. Ernie Rose, President of the Rock Creek Park Civic Association came before the Board to disCUSs the siltation in lake in the ~DCk Creek area. He stated that he felt the siltation was cc~stantly beccming worse because of the landfill, that the equipment in the landfill is constantly broke and cannot maintain the landfill site as it should be maintained, that the operators do not knc~ hc~ to eliminate the problems, etc. Mr. John Hewitt of the Engineering Depaz+_ment stated that the landfill is in the best condition that it has ever been in, that if siltation is continuing it is frc~ the general drainage in the area, that the County does have a $12,000 bond frcm the developer of the apartments to the rear to eliminate the sandbar which has not been done because a landowner has not given permission to cross his land for this improvement, etc. Mr. Manuel was present and stated that he has a schedule for improvements at the landfill and these should be accomplished by Martin, 1977. Mr. Bookman inquired if the Highway Depaz~L~nt would help with the silt basins which could act as a ter~rary measure until spring. Mr. Hewitt stated that silt basins along the road might overflow with a heavy rain which is when the problem needs attention and might not do too much for the silt. He added further that the present silt basins are holding up and doing their job at the present time. Mr. Rose stated that he wanted a tighter control on the ordinance dealing with this problem regarding soil control, permits for landscaping, grading, etc. Mr. Micas stated that the County is presently looking at this problem and ways to improve it. Mr. Ritz stated that the Planning Department is not allying small lakes of this type in the County at this time which would eliminate problems like this. After further discussion of this matter, it was generally agreed that the Highway Department should be contacted and asked to look at this problem and work with the Drainage Department to ascertain what could be d~ne to help this problem and present the Board with a report on December 8th. Mr. Bose asked if Corridor E was approved, WOuld this help the lake as the Planning Director has said it would. Mr. Ritz stated that he proposed that sc~nething should be done to beautify the lake and help with the siltation problem but he never said that it would be done. It was generally agreed that a date for a public hearing on the Brion-Jensen Law be deferred because other parties involved have not initiated any further action. It was on metion of Mr. Bookman, seccnded by Mr. Apperson, resolved that the Board of Supervisors accepts the offer of Land Equities Associates to exchange the following described real estate: 33O ALL that certain strip, piece or parcel of land, lying and being in Dale District, Chesterfield County, Virginia, situated between State Boute No. 604 (Courthouse Poad) on the west and State NDute No. 10 on the east the center line of which is 830 feet, more or less, measured from the north right-of-way line of State Route No. 604 (Courthouse NDad) to the west right-of-way line of State Route No. 10, having a width of 60 feet and containing 1. 442 acres as mDre specially and par- ticularly shown on a plat styled, "Plat Showing Proposed Rolocation of Cburthouse Road," dated February 19, 1976, revised March 10, 1976, made by J. K. Timmons and Associates, Inc., Consulting Engineers, Richmond, Virginia, a copy of which plat is attached hereto for recording and made a part hereof by this reference for a complete and accurate metes and bounds description of said land. BEING a portion of the same land ccn~yed to Land Equities Associates, a general partnership, in fee simple, by deed dated September 3, 1974, from Harold R. Francis and Barbara I. Francis, his wife, recorded September 3, 1974, in the Clerk's Office, Circuit Court, Chesterfield County, Virginia, in Deed Book 1129, Page 727. for the following described parcels of land cxgned by the County: PARCEL I: ALL that certain piece or parcel of land lying and being in Dale District, Chesterfield County, Virginia, triangular in shape containing . 113 acres, more or less, situated in the southwest quadrant of the intersection of Proposed Route No. 288 and State Route No. 10 as specially and mDre particularly shown on a plat dated August 2, 1974, made by George M. Stephens, Jr. , Certified Land Surveyor, Rind, Virginia, a copy of which is attached hereto to be recorded herewith and by this reference made a .part hereof for a complete and accurate mgtes and bounds description of the said land. BEING a portion of the same land conveyed to the County of Chesterfield, Virginia, in fee simple by deed dated April 8, 1970, from Rachel P. Belcher and Vi%ian H. Belcher, Sr., her husband, et als., recorded April 10, 1970, in the Clerk's Office, Circuit Court, Chesterfield Cbunty, Virginia, in Deed Book 984, page 622. PARCEL II: ALL that certain piece or parcel of land lying and being in Dale District, Chester- field County, Virginia, irregular in shape containing .617 acres, more or less, situated in the northwest quadrant of State Route No. 604 (Courthouse Road) and State Route No. 10 as specially and mbre particularly shown on the plat mentioned above under Parcel I, which plat is made a part hereof by this reference for a ccmplete and accurate metes and bounds description of the said land. BEING a portion of the sam~ land conveyed to the County of Chesterfield, Virginia, in fee simple by deed dated November 1, 1968, from J. J. Jewett, Special Comuis- sioner, conveying a 1/7 interest, recorded November 1, 1968, in the aforesaid Clerk's Office in Deed Book 936, page 58; and by deed dated October 22, 1968, from Blanche Deschamp Geiger and John G. Geiger, her husband, et als., conveying a 6/7 interest, recorded November 1, 1968, in the aforesaid Clerk's Office, in Deed Book 936, page 64. ~qe purpose of the exchange is to permit the relocation of State Route No. 604 within the prop- erty to be conveyed to the County. And be it further resolved that Special Counsel for the County petition the CirCuit Court Of Cllesterfield County, Virginia for approval and ratification of this exchange of property between Land Equities Associates and the County and that the Chairman and the Clerk are author- ized to execute and deliver a good and sufficient deed to Land Equities Associates. Ayes: Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. On motion of Mr. Bookman, seoDnded by Mr. Apperson, resolved that $500 be appropriated and encurdoered from the Unappropriated Surplus for the payment of appraisal fees for 103.2569 acres located on the east line of Route 10 and the north line of Courthouse Road and . 617 acre, northwest corner of Courthouse Road and Route 10 and .113 acre, south line RDute 288, Chester- field County, Virginia. Ayes: Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. It was on motion of Mr. Apperson, seconded by Mr. Bookman, resolved the County Attorney contact Mr. Zane Davis regarding the purchase of a parcel of property on BDute 10 and negotiate a price between the County appraisal and the private appraisal. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. It was on motion of Mrs. Girone, seconded by Mr. Bookman, resolved that $4,434 be expended from the 3¢ Road Fund of Midtothian District t~ create right turn lanes and a left turn storage lane at the intersection of Jahnke and Buford Roads which funds will cover the cost of utility adjustments with the Highway Department doing the road improvements. Ayes: Mrs. Girone, Mr. Apperson and Mr. Bookman. Mr. Dennis Parker discussed with the Board the future expansion and operation of the Airport. He presented slides shc~ing the vital importance of an airport to an area and how it affects industry, comNerce, development, sales, income, taxes, education, recreation, etc. He quoted reports stating that the Chesterfield County Airport is a key g~neral aviation airport in this area and that Byrd Airport is fast reaching its capacity which Should generate more business to the Cotmty's Airport. He added that projections made for the Airport have exceeded all figures, that the quality of the Airport has had a big effect on this business, that with an expansion the Airport could be a big asset for the County, etc. He stated that now is the time for com- prehensive Airport Planning and asked that the Board approve a grant application in the amount of $50,000 - $60,000 for a study on what should be done regarding future planninq for the Airport. Mr. Ritz stated that the application has been submitted and he has talked with the agency add he felt it was just a matter of formalizing the approval. Mr. Bookman stated that he felt something should be done for expansion and there was some discussion of possibilities of expanding the T-hangers and the rulway. Mrs. Girone voiced some concern about the ramifi- cations of this study and what it would commit the County to doing in the future. Mr. Pazker stated that the study could be made but if the Board did not agree with it, did not like the ramificaticns, etc. the study and its suggested planning would not have to be approved. Mrs. Girone again voiced her concern about the County losing ccntrol of the airport. Mr. Ritz stated that he can see Mrs. Girone's concern and felt that the County should manage this plan frclm all standpoints other than only the Airport for the entire County's benefit. It was generally agreed that any discussion regarding the Airport Advisory Board and others such Boards in the County be deferred for further consideration. It was also agreed that the three proposals from the Airport Advisory Board be reviewed and possibly guidelines could be established for all such advisory boards which will be discussed on December 8th. 'It was on notion of Mrsl Girone, seconded by Mr. Apperson, resolved that the followin~ policy be adopted regarding land sales at the Chesterfield County Airport Industrial Park: "In order to encourage land sales at the Airport Industrial Park, the County will pay to any real estate broker, salesman or person, excluding CountY employees and their families, a 5% (five per cent) fee to arrange a conference with the County Administration which leads to a sale of property at the Airport Industrial Park. In addition, any person as specified above, who acts as a middleman or finder in bringing together a potential buyer with the County Actmin- istraticn with an insuing transaction concerning Airport Industrial Park property shall be entitled to a 5% (five per cent) finders fee. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. After further discussion of the matter, it was on motion of Mr. Bookman, seconded by Mr. Myers, resolved that the County Administration apply for planning funds and solicit proposals from consultants regarding the future plans for the Airport after which time staff recorarendations will be made to the Board of Supervisors before proceeding. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. Dr. Martin was present representing the Chapter 10 Board. Mr. Falwell stated that the previous Board had committed the County's share of funds to the grant awarded by resolution dated January 8, 1975. After further consideration of this matter, it was on motion of Mrs. Girone, seconded by Mr. Apperson, resolved that the following budget changes were approved: Planned Budget Expense Account 11-061-400.0 New Vehicles be reduced by $66,146.00 and 11-061-400.1 Repl. Motor Vehicles by $104,588.00. Increase Planned Budget Expense Account 11-500-605.0 Mental Health Clinic by $170,734.00. 2. Transfer the Appropriation of $170,734.00 from 11-061-000 Police Depar~,¥mnt to 11-500-000.0 Capital Outlay. 3. Appropriate $44,999.00 from the Unappropriated Surplus of the General Fund to 11-500-605.0 Mental Health Clinic. 4. Increase Planned Budget Revenue B~count 11-000-699.2 Mental Health Clinic Grant by $260,695.00 (Construction). Trau]sfer the appropriation of $170,734.00 from 12-500-000.0 Revenue Sharing to 12-505-000.0 Police Department. %he Planned Budget Expense should be transferred from 12-500-601.0 New Buildings to 12-505-400.0 New Vehicles for $66,146.00 and to 12-505-400.1 Repl. Motor Vehicles $104,588.00. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, M~. Bookman and Mr. Myers. Mr. Bookman asked if the County could pay off the depreciated value of the building if we found out that we could not afford to be under the federal guidelines and Mr. Micas stated that the Couaty could. It was generally agreed that the Board would meet at 1:00 p.m. on Monday, Nov. 29th followed by an E~ecutive Session to discuss personnel matters. It was on motion of Mr. Apperson, seconded by Mr. Bookman, resolved that Bev. Charles L. Johnson of 5155 Iron Bridge Road was appointed as one of the representatives frc~ Dale District to serve on the Mental Health/Mental Retardation Chapter 10 Services Board. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. Mrs. Girone deferred appointments from Midlothian District at this tiros. It was on motion of Mrs. Girone, seconded by Mr. Bookman, resolved that this Board went into Executive Session for lunch to consult with counsel on legal matters. Ayes: Mr. O'Neill, Mrs. Girone, ~{r. Apperson, Mr. Bookman and Mr. Myers. P~con~ning: 76S167 In Dale Magisterial District, G. E. Miles. requests rezoning from Agricultural (A) to Residential (R-7) of 80 acre parcel fronting 721.70 ft. on Kingstand Poad, and being located approximately 2,700 ft. east of its intersection with Salem ~hurch RDad. T. M. Sec. 80-8 (1) 2 (Sheet 22). Dr. Lyon and approximately 20 residents of the general area Were present to oppose this rezoning. Dr. Lyon stated that the restrictions for R-7 should be made higher because they allow a lot of different dev~lopmant in the same zoning. He added that allowing two homes per acre would be going from rural to suburban, that this density is too high for the area, that they are not opposed to this particular builder because he does build a nice house but are afraid of what nmy cc~e later, schools are already over capacity, trash in the area will increase, crime rate will increase, etc. Mr. Myers stated that growth is coming to Chesterfield and the people have to have a place to live, the Board does not have the right to deny the man use of his property, etc. Mr. Miles stated that he could be going with the 3 or 4 houses to the acre but he does want to develop a nice subdivision. Mr. Apperson inquired what assurance the people would have that only two homes would be built per acre. Mr. Miles stated that his past experience with the Board should speak for itself in that he does not go back on his word and that he does build a nice house with a nice neighborhood. He stated that by going with R-7 the houses will not all be split-levels, but the zoning will allow variety and make the area much nicer. After further discussion of the matter, it was on notion of Mr. Apperson, seconded by Mr. Myers, resolved that this request was approved since the developer nh=ets the objections of the land- ogners adjacent and because this zoning is consistent with that in the area. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. 76S125 In Midlothian Magisterial District, Woodie Associates requests rezoning from Bgricultural (A) to General Business (B-3) of 3.65 acre parcel frc~ting approximately 240 feet on Midlothian Turnpike and being located approximately 1,200 ft. west of its intersection with Sturbridg~ Drive. T. M. Sec. 17-7 (1) 28 (Sheet 8). Mr. Balderson stated that the applicant has asked for a withdrawal of this rezoning request. After consideration of this request, it was on motion of Mrs. Girone, seccnded by Mr. Myers, resolved that the request for withdrawal was accepted. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. 76S168 In Dale Magisterial District, Model Development Corporation requests rezoning from Agricultural (A) to B-=sidential (R-7) of a 48.8 acre paroel fronting 662.10 feet on Salem Church Boad and being located approximately 1,800 feet south of its intersection with Hunting Creek Drive. T. M. Sec. 80-14 (1) 1 (Sheet 22). Mr. Venlon LaPrade was present representing Ymdel Development. He stated that the homes that they were proposing to build would be for the young couples starting out and for older people in whose budget houses do not currently exist. He added that the cost would be in the lower $30,000's, there would be approximately three homes to an acre, they propose to hav~ approxi- mately 148 lots and that they would not be of a prefabricated nature. Dr. Lyon stated his objection to this R-7 zcning stating the inconsistency in the zoning ordinance. There were approximately 20 other residents of the area present to oppose this request. Mr. Apperson stated that the proposed Reute 288 would isolate this development from the resi- dents and the remainder of the area. After further consideration of this' matter, it was on moticn of Mr. Apperson, seconded by Mr. Myers, resolved that this request was approved. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson and Mr. Bookman. 76S170 In Matoaca Magisterial District, R. Vaiden Jones requested rezoning from Agricultural (A) to Residential (R-15) of a 2.55 acre parcel fronting 481.23 feet on River Read and being located 223.77 feet south of its intersection with Trents Bridge Boad. T.M. Sec. 171-6 (1) 1-2 (Sheet 47). Fir. Jones was present at the meeting. %here being no opposition, it was on nDtion of Mr. Bookman, seconded by Mr. Myers, resolved that this request be approved. Ayes: Mrs. Girone, Mr. Apperson, Mr. Bookaran and Mr. Myers. 76S171 In Midlothian Magisterial District, Bartcn-Corso and Associates, LTD., requested rezoning from Agricultural (A) to Nmsidential (R-25) of a 12.66 acre parcel fronting approximately 50 feet on Old Hundred Road and being located approximately. 850 feet southeast of its intersection with Otterdale Road. T. M.' Sec. 35 (1) 9 and 9A (Sheet 12). Mr. Kenneth Bartc~ was present representing the applying firm. There being no opposition present, it was on motion of Mrs. Girone, seconded by Mr. Bookman, resolved that this request was approved. Ayes: Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. 76S173 In Midlothian Magisterial District, .David L. Raine requested rezoning from Residential (R-15) 'to Office Business (0) of a 0167 acre parcel frc~ting approximately 110 feet on Buford Rpad and being located approximately 110 feet south of its intersection with Bannon Road and better known as 2735 Buford Road. T. M. 10-2 (3) 2 Subdivision Bon Air Heights., Blk. B, Lot 2. (Sheet 3). Mr. Raine was present and stated that the Planning Conlmissi0n had recormended that he go with a oonditional use instead of c~btaining the "0" zoning. Mr. Balderson stated that this would be less .frightening to the landowners with residential property adjacent to the parcel in question. After consideration of this matter, it was on motion of Mrs. Girone, seconded by Mr. Bookman, resolved that Mr. David L. Raine be granted a conditional use which would allc~ ~the use of a present building for professional office use subject to the Conditions recom- mmnded by the Planning (bmmission.' Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. 76S176 In Clover Hill Magisterial District, Douglass K. Woolfolk & Co. requested an amendment to a Condition of Zoning (Case 72-10CS) to decrease the required buffer width (30') to 12 feet and the height of board fence (8') to 6 feet on a 1.5 acre parcel fronting 91 feet on Hull Street Road and being located approximately 325 feet southwest of its intersection with Elkhardt Road. T. M. Sec. 29-15 (3) 4A Subdivisiom Providence Farms, lot 4A (Sheet 9). Mr. Woolfolk stated that after the case was decided he thought about the fence and people really could not possibly want an 8 foot fence put up because of its effect on the area. He stated. also that peoPle will not maintain the fence and it will soon deteriorate and fall. Mr. Apperson inquired if this were passed and the people still wanted a fence installed would he put it up. Mr. Woolfolk stated he would and furt=her that he would notify the adjacent property owners of the decision made today. After further discussion of this matter, it was on motion of Mr. Bookmmn, seconded by Mr. Myers, resolved that this request was approved with the condition regarding buffering being changed to read as rec~'~ended by the Planning Conm~ssion amd further that whatever Mr. Woolfolk did to the area would need approval of the Planning .Department. Ayes: Mr. O'Neill, Mrs. Girc~le, Mr. Book_man and Mr. Myers. Mr. Bookman notified the Board and Press that the stop signs at Turner and Walmaley had been changed and that police officers would be assisting traffic Friday end Monday. It was on motion of Mrs. Girone, seconded by Mr. Myers, resolved that this Board 9~ into Executive Session to discuss matters involving potential litigation. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. Reoonvening: It was on motion of Mrs. Girone, seconded by Mr. Bookman, resolved that the County's contribu- tion to the (]/ristmas Basket Ftmd be increased from $200 ~o $350 and said $150 to be appro- priated from account 11-086-144.0, Special Gifts to account 11-086-145.0, Christmas Basket. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson and Mr. Bookrm3n. It was on ration of Mrs. Girone, seconded by Mr. Book~mn, resolved that $287.00 be appro- priated from the Unappropriated Surplus of the General Find to 11-051-405.2, Dictating Equipment for the Juvenile and Domestic Relations Court. Ayes: Mr. 'O'Neill, Mrs. Girene, Mr. Apperson, Mr. Bookman and Mr. Myers. It was on motion of Mrs. Girone, seconded by Mr. Booknmn, resolved that an D~ninistrative Com- mittee for Finances consisting of the Co~ty Administrator, the Director of Data. Processing, the County Treasurer and the Director of Contral Accounting be appointed. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson and Mr. Bookman. Abstention: Mr. Myers. Mr. Falwell stated that fhesterfield County did not qualify for the Antirecession Fiscal Assistance payments because the Cotmty's unemployment rates were too low. %here was some discussion as to whether the Ettrick Sanitary District could qualify but the Engineering Department stated f_hey did not have enough time %o apply because of the complicated forms, etc. that needed to be completed by the deadline of December 3rd. It was on motion of Mrs. Girone, seconded by Mr. Apperson, resolved that the County accepted the resolution from the School Board authorizing the sale of School Bonds at a time deemed appropriate by the Board of Supervisors. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. It was cn motion of Mrs. Girone, Secc~ded by Mr. Apperson, resolved that the following resolution was adopted: RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $29,900,000 SCHOOL BONES, SERIES OF 1976,' OF CHESTERFI~.D COUNTY, VIRGINIA, HERE~D. FORE AUTHORIZED, AND PNOVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF. WHEREAS, the qualified voters of Chesterfield County, Virginia, on June 8, 1976, author- ized the contracting of a debt and the issuance of general obligation bonds of Chesterfield County in the maximum anount of $29,900,000 for capital school improvements; and WHEREAS, none of such bonds have been issued and sold; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF C~ESTERFIELD COUNTY, VIRGINIA: 1. There az~e hereby authorized to be issued and sold $29,900,000 school bonds of Chester- field County, Virginia. 2. The bonds shall be coupon bonds without privilege of registration, shall be designated "School Bonds,' Series of 1976," shall be dated December 15, 1976, shall be of the denomination of $5,000 each, shall be nunlbered from 1 to 5,980, Lnclusive, and shall mature in installments of $1,575,000 on December 15 in each of the years 1979 to 1996, inclusive, and $1,550,000 on December 15, 1997. ~he bonds shall bear interest at such rate or rates as determined at the time of sale, payable semiannually on June 15 and Decer~oer 15. Both principal and interest shall be payable in lawful money of the United States of America at the principal office of Bank of Virginia Trust Company, Ridln~nd, Virginia, or Bankers Trust Company, Now York, New York, at the option of bearer. 3. Bonds maturing on or before December 15, 1986, are not subject to redemption prior to maturity. BOnds maturing on or after Decenber 15, 1987, are subject to redemption prior to maturity at the option of the County on or after Decenber 15, 1986, in whole at any time or in part on any interest payment date, upon payment of the principal amount of the bonds to be re- deemed plus interest accrued and unpaid %o the redemption date and a ~demption premium of one- half of one percent (1/2 of 1%) of such pxi~cipal amount for each six r~tb period, or part thereof, between the redemption date and the stated maturity date of the bonds to be redeemed, provided that the redemption premium shall not exceed 3% of such principal anount. ~f less than all of the bonds are called for redemption, the bonds to be redeemed shall be selected by the Cotnty Treasurer in such manner as he may determine to be in the best interest of the County. %he Board of Supervisors shall cause notice of the call for redemption identifying the bonds to be redeemed to be published twice in a newspaper of general circulation published in the City of Richmond, Virginia, and in a financial journal published in the City of New York, New York, the first publications of which shall appear not less than 30 nor mere than 60 days prior to the redemption date~ 4. The bonds shall be signed by the facsimile signature of the Chairman of the Board of Supervisoz~, shall be countersigned by its Clerk and a facsimile of its seal shall be printed on the bonds. %he coupons attached to the bonds shall be authenticated by the facsimile signa- tures of the Chairm~n and Clerk. 5. The bonds and coupons shall be in substantially the following form: (~ORM OF BOND) No. __ $5,000 UNI%ED STATES OF AMERICA COMMDhN~AL~H OF VIRGINIA C~IESTERFIELD COUNTY School Bond, Series of 1976 Chesterfield County, Virginia, for value received, hereby acknowledges itself indebted and promises to pay to bearer upon presentation and surrender hereof the sum of FIVE THOUSAND DOLLARS ($5,000) on December 15, 19__, and to pay interest therecn from the date hereof to maturity at the rate of per cent ( %) per year, payable semiannually on June 15 and De~ember 15 upon presentation and surrender of the attached coupons as they become due. Both principal of and interest on this bond are payable in lawful mney of the United States of America at the principal office of Bank of Virginia Trust Company, Rich~u~d, Virginia, or Bankers Trust Company, Now York, New York, at the option of bearer. ~his bond is one of an issue of $29,900,000 school bonds ~of like date and tenor, except as to' number, rate of interest, privilege of redemption and maturity, authorized at an election held on June 8, 1976, and is issued pursuant to the Constitution and statutes of the Connon- wealth of Virginia, including the Public Finance Act, as amended, to provide funds, to finance the costs of capital school improvements, a~quisi%ic~ of future school sites and other school construction as may be required by the actual educational needs in Chesterfield County. Bonds maturing on or before December 15, 1986, are not subject to redemption prior to maturity. Bonds maturing on or after December 15, 1987, are subject to redemption prior to maturity at the option of the County on or after December 15, 1986, in whole at any time, or in part on any ~interest' payment date, upon payment of the principal amount of the bonds to be redeemed plus interest accrued and unpaid to the redemption date and a redemption premium of one-half of one percent (1/2 of 1%) of such principal amount for each six month period, or part thereof, between the redemption date and the stated maturity date of the bonds to be redeemed, provided that the redemption premium shall not exceed 3% of such principal amunt. If less than all of the bonds are called for redemption, the bonds to be redeemed shall be selected by the County Treasurer in such manner as he may determine to be in the best interest of the County. %he Board of S%t0ervisors shall cause' notice of the call for redemption identi- fying the bonds to be redeemed to be published twice in a newspaper of general circulation published in the City of Rind, Virginia, and in a financial journal published in the City of New York, New York, the first publications of whid~ shall appear not less than 30 nor 'nore than 60 days prior to the redemption date. The full faith and credit of Chesterfield County are hereby irrevocably pledged for the payment of principal of and interest on this bond. All acts, conditiOns and things requimed by the Constitution and statutes of the Cbm~nwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed., and the issue of bonds of which this bond is one, together with alt other indebtedness of Chesterfield County, is within every debt and other limit prescribed by the Constitution and statutes of the Conmonwealth of Virginia. IN WITNESS WHERtI)F, Chesterfield County, Virginia, has caused this bond to be signed by the facsimile signature of its Chairman, to be ceuntersigned by its Clerk, a facsimile of its seal to be printed hereon, the attached interest coupons to be authenticated by the facsimile signatures of the Chairman and the Clerk, and this bond te be dated December 15, 1976. COLI~fERSI 6NED: Clerk, Board of SupervisorS of . Chesterfield County, Virginia (S~AL) ~. _. Chairman, Board of Supervisors of Chesterfield County, Virginia (FORM OF COIPON) No. $ June On December 15, 19 , unless the bond to which this coupon is attached has been duly called for prior redemptz~-~n and provision made for payment thereof, Chesterfield County, Virginia, will pay to bearer Dollars ($ ) in lawful money of the United States of America at the principal office of Bank of Virginia Trust Company, Richnond, Virginia, or Bankers Trust Company, New York, New York, at the option of bearer, being the semiannual interest then due on its School Bond, Series of 1976, dated December 15, 1976 and numbered ' Clerk, Board of Supervisors of Chesterfield County, Virginia Chairman, Board of Supervisors of Chesterfield County, Virginia 6. The full faith and credit of fhesterfield County are hereby irrevocably pledged for the payment of principal of and interest on the bonds. ~nere shall be levied and collected annually on all locally taxable property in the County an ad valorem tax over and above all other taxms authorized or limited by law sufficient to pay such principal and interest as the same respectively become due and payable. 7. The County Administrator, in collaboration with the State Commission on local Debt, is hereby authorized and directed to take all proper steps to advance the bonds for sale sub- stantially in accordance with the Notice of Sale attached hereto as Exhibit A. The County 2kiministrator may make such changes in the Notice of Sale not inconsistent with this resolu- tion as he may consider in the best interests of the County. 8. ~he ~printer's prcof dated November , 1976, of a Preliminary Official Statement describing the bonds, copies of which have ~ provided each member of the Board of Super- visors, is hereby approved as the Preliminary Official Statement of the County. The Chairman of the Board of Supervisors may make such changes in the proof of the Preliminary Official Statement not inconsistent with this resolution as he may consider in the best interests of the County. The Preliminary Official Statement shall then be printed and copies provided to prospective bidders for the bonds. Following receipt of bids and the ~award of the bonds, the County Administrator shall arrange for the delivery to the purchasers of the bonds of up to 500 copies of the Official Statement in final form which shall be in substantially the form of the Preliminary Official Statement. 9. After bids have been received and the bonds awarded, the Chairman and the Clerk of the Board of Supervisors are hereby authorized and directed to take all proper steps to have the bonds' prepared and e~ecuted in acoordance with their terms and to deliver the bonds to the purchasers thereof upon pa!ment therefor. 10. Such officers of Chesterfield County as may be requested are hereby authorized to e~ecute an appropriate certificate setting forth the e~pected use and investment of the pro- ceeds of the bonds issued pursuant hereto in order to show that such expected use and invest- ment will not violate the provisions of ~103(d) of the Internal t~evenue Code of 1954, as amended, and regulations issued pursuant thereto, applicable to "arbitrage bonds". Such certificate may be in such form as shall be requested by bond counsel for the County. 11. The Clerk is hereby authorized and directed to see to the ir~ediate filing of a certified copy of this resolution with the Circuit Court of Chesterfield County. 12. Except for the bonds authorized hereby, the Board of Supervisors agrees not to sell any additional general obligation bonds of Chesterfield County prior to July 1, 1977, without the consent of the initial purchasers thereof. 13. All other resolutions or Parts of resolutions in conflict herewith are hereby repealed. 14. ~his resolution shall t~e effect ir~rediately. The undersigned Clerk of the Board of Supervisors of Chesterfield County, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a regular meeting of the Board of Supervisors held on the 24th day of Noventer, 1976, and of the whole thereof so far as applicable to the matters referred to in such extract. WITNESS my hand and the seal of Chesterfield County, Virginia this November, 1976. day of Clerk, Board of Supervisors of Chesterfield County, Virginia (SEAL) NOTICE OF SALE EXHIBIT A $29,900,000 CHESTERFIELD fDUNTY, VIRGINIA School Bonds, Series of 1976 Sealed bids will be received for the Board of Supervisors of Chesterfield County, Virginia, until 11:00 a.m., RichmDnd t/me, on December 14, 1976, by the State Commission on Local Debt, Room 101, Finance Building, Capitol Square, Richmond, Virginia, for the purchase of $29,900,000 School Bonds, Series of 1976, of Chesterfield County described herein, at which time the bids will he publicly opened. 5he bonds will be dated December 15, 1976, and will mature in installments of $1,575,000 on December 15 in each of the years 1979 to 1996, inclusive, and $1,550,000 on December 15, 1997. The bends will be in coupon form without privilege of registration and will be of the denomination of $5,000 each. Interest will be payable semiannually on June 15 and December 15, and both principal and interest will be payable at the principal office of Bank of Virginia Trust Company, Richmond, Virginia, or Bankers Trust Company, New York, New York, at the option of hearer. Bonds maturing on or before December 15, 1986, are not subject to rede2Nption prior to maturity. Bonds maturing on or after December 15, 1987, are subject to redemption prior to maturity at the option of the ODunty on or after December 15, 1986, in whole at any time or in part on any interest palarent date, upon payment of the principal an~unt of the bonds to be redeemed plus interest accrued and unpaid to the redemption date and a redemption premium of one-half of one percent (1/2 of 1%) of such principal amount for each six r~onth period, or part thereof, between the redemption date and the stated maturity date of the bonds to be redeemed, provided that the redemption premi~n shall not exceed 3% of such principal amount. If less than all of the bonds are called for redemption, the bonds to be redeemed shall be Selected by the ODunty Treasurer in such manneu as he may determine to be in the best interest of the County. The bonds will be general obligations of Chesterfield County secured by a pledge of its full faith and credit. Bidders are invited to name the rate or rates of interest which the bonds are to bear, in multiples of '1/8 or 1/20 of 1%. Any number of rates may be named, but the rate named for bonds of any maturity shall not be less than the rate named for bonds of any earlier maturity. All bonds m~turing on the same date must bear interest at the same rate, and interest shall be represented by only one coupon for each interest payment date. No bid for less than par 'and accrued interest and no bid for less than all of the bonds will be considered. ~he right to reject any or all bids and to waive irregularities in any bid is hereby reserved. Unless all bids are rejected, the bonds will be awarded to the bidder whose proposal results in the lowest cost to the County,~ such cost to be determined by deductinq the total amount of any premium bid frc~ the aggregate anDunt of interest upon all of therbonds until their respective maturities. ~he premium, if any, must be paid in funds as part of the purchase price. Each proposal should be enclosed in a sealed envelope, marked on the outside "Bid for Chesterfield County, Virginia, School Bonds," should be addressed to the Board of Supervisors of Chesterfield County, Virginia, c/o State Commission on Local Debt, Room 101, Finance Building, Capitol Square, RicbmDnd, Virginia, and must be accompanied by a certified or cashier's check for $598,000 'drawn upon an incorporated bank or trust company and payable unconditionally to the order of Chesterfield County, Virginia, to secure the County against any loss resulting from the failure of the bidder to cc~ply with the terms of his proposal. The check of the successful bidder will be deposited and credited on the purchase price and no interest will be allc~ed thereon. The proceeds of the check will be retained by the County as liquidated damages in case the bidder fails to accept delivery of and pay for the bonds. Checks of unsuccessful bidders will be returned promptly upon award of thru bonds. The bonds will be delivered at The Signature Company, New York, New York, at the expense of the County, c~ or about January , 1976, upon payment therefor in New York Clearing House It is anticipated the CUSIP identification numbers will be printed on the bonds, but neither the failure to print such numbers on any bond nor any error with respect thereto shall constitute cause for a failure or refusal by the purchaser thereof to accept delivery of and pay for the bonds in accordance with the temms of his proposal. All expenses in connection with the assignment or printing of CUSIP nunbers shall be paid by the County. The unqualified opinion of Messrs. Hunten & Williams of Richmond, Virginia, with respect to the bonds will be furnished to the successful bidder at the expense of the County, will be printed on the back of the bends and will state that the bonds constitute valid and legally binding obligations of the County and that its Board of Supervisors is authorized and required by law to levy and collect ad valorem ta~es, without limitation as to rate or amount, on all taxable property in the County to pay the principal of and interest on the bonds. There will also be furnished to the successful bidder (1} a certificate signed by the officers who signed the bonds stating that no litigation is then pending or, to their know- ledge, threatened to restrain or enjoin the issuance or delivery of the bonds or the levy and collection of ta~es to pay principal and interest or in any manner questioning the proceedings and authority under which the bonds are issued and (2) certificates signed by appropriate County officials~relating to the County's Official Statement. The Board of Supervisors will be in session at 11:30 a.m. on the date of the sale for the purpose of taking prompt action on any recommendation made by the State Commission on Local Debt. For further information relating to the bonds and Chesterfield County, reference is made to the Preliminary Official Statement prepared for and approved by the Board of Supervisors. Bidders are requested to use the bid form which, together with the Preliminary Official State- ment, may be obtained from the County Administrator of Chesterfield County, Chesterfield, Virginia 23832, or from the undersigned. The County will furnish to the successful bidder at the e~pense of the County up to 500 copies of the Official Statement in final form. STATE fDMMISSION ON LOCAL DEBE By: Robert C. watts, Jr. Secretary Mr. O'Neill, Mrs. GIrone, Mr. Appersc~, Mr. Bookman and Mr. Myers. It was on notion of Mr. Booknmn, seconded by Mr. Apperson, resolved that the Treasurer of Chesterfield County was authorized to transfer from the Sewer-Improvement, Replacen~nt and Extension Fund (73-01) to the General Fund (11-01) the sum of one million five hundred thousand dollars ($1,500,000). Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. It was g~nerally agreed that the County will not participate in the Alcohol Safety Action Program at this time because operating e~penses of the Police Departn~nt are overrunning. It was ge. nerally agreed that the following ordinances be advertised for a public hearing on January 12th: 1. An ordinance relating to permit fees for inspection fees of septic tanks. 2. An ordinance amending Sect. 17-5 of the Zoning Ordinance relating to required parking of autompbiles incidental to an automobile rental agency. 3. An ordinance amending Sect. 17-1 of the Zoning Ordinance relating to -rental of health and party equipment, automobiles and small home hardware. There was some discussion regarding the Oounty Ordinance governing mobile homes and changes were discussed. After further consideratic~ of this matter, it was generally agreed that a d~tailed study should be completed on all aspects of mebile honms. Mr. Falwell stated that the Eoonomic Development Study Conm~ittee of the M~tropolitan Richmond Chamber of Conn~rce may at its next m~eting ask if the County were going to participate which cost would be $26,200. After some discussion of the matter, it was on metion of Mr. Bookman, seconded by Mr. ~fers, resolved that the Mmtropolitan Chamber of Con~rerce be notified that the Co~qty of Chesterfield is interested in the concept of a way to attract industry to this area but we are not interested in joining the Economic Development Study Conrmittee as presently proposed. Ayes: Mr. O'Neill, 'Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. It was on notion of Mr. Apperson, seconded by Mr. Bookman, resolved that the following erroneous tax claims be approved for pa!arent: United States Fleet Leasing, Inc. ~L~L~tt N. M=-redith Walter N. Coleman J. Randolph Segar Jewel Companies, Inc. June P. Breeden ~homas W. Breeden Christopher C. Oomer charles A. McLaughlin W. H. Zinnmrrm~ & Eula W. H. Zi~umrm~n W. H. Zi~,~mrman Chesterfield Land and Timber Martha M. Taylor Shirlie A. Martin 1976 Personal Property $ 9 8.28 1976 Trailer Parking Fee 12.50 County License 5.00 19 76 Personal Property 42.24 19 76 Personal Property 30.96 19 76 Personal Property 16.92 1976 Personal Property 79.20 1976 Personal Property 9.28 1976 Personal Property 8.64 1976 Personal Property 5.76 19 76 Personal Property 5.76 1976 Personal Property 5.76 1976 Personal Property 32.32 1976 Personal Property 36.72 1976 Personal Property 107.52 Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. It was on notion of Mr. Apperson, seconded by Mr. Bookman, resolved that a bingo and/or raffle permit be approved for Bellwood Elementary School P.T.A. for a period of one year. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. k./yers. Mr. Falwell stated that his time was limited and that he would like to Board to appoint replace- m-=nts for him on some of the Richmond Bsgional Planning District Commission's Co~ttees. After consideration of this matter it was on ration of Mrs. Girone, seconded by Mr. Apperson, resolved that Capt. Mason Chalkley be appointed as the Criminal Justice Coordinator for Chester- field, Mr. Patrick O'Hare to the Public Safety Committee and Mr. Jar~s Zook to the Transporation Policy Committee. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. It was g~nerally agreed that the discussion regarding the CIC's involvement in 208 be deferred for further coi~=ideration. It was g~nerally agreed that any discussion regarding mandated programs be deferred to the next r~=eting. Mr. Falwell stated that he, Mr. Condrey and Mr. O'Neill may have to go to New York regarding the bend sale on December 7th and 8th. It was on mDticn of Mr. Apperson, secondmd by Mrs. Girone, resoled that the County offices officially close %hursday, December 22nd at 12:00 noon and %hursday, December 30th at 12:00 noon for the f~ristmas and New Year's Holidays which is in oonformance with the State. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, ~. Bookman~d Mr. Myers. It was on motion of Mr. Bookman, seconded by Mr. Myers, r~solv~d that the Chairman and the Clerk of the Board be authorized to sign a release form for AT & T for the storag~ of one Colnty Fire Departmmnt Brush Truck during repair work at Company ~7 a copy of which release is filed with the papers of this Board. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. It was c~ motic~ of Mrs. Girone, seconded by Mr. Apperson, resolved that $3,510.00 be appro- priated from the Unappropriated Surplus of the General Pund to 11-071-299.0, Donations, to pay for Oounty license tags for the volt~teer firemsn in the County. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Booknt3n and Mr. Myers. It was generally agreed that the County Administration and staff r~nke recon~andations on the Water and Sewer Rate Study and bring sam~ back to the Board for consideration. It was cn moticn of Mr. Myers, seconded by Mr. Apperson, resolved 'that Mr. Zane Davis be granted six sewer connections in Bermuda Gardens and Mr. Sloan be granted six sewer connec- .tions in Prestwould Farms with the understanding that both 9entlen~n will pay all costs involved if pumping is ever necessary and provided the Engineering Department agrees to the granting of these connections with the condition attached. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. Mr. Myers stated that he felt the School Board should be notified that they will have to pick up whatever amount is cut by the State and to be aware of this because the County is carrying all that it can at this tinm. Mr. O'Neill stated that he thought the Sd~ool Board was aware of this. It was on notion of Mr. Bookman, seconded by Mr. Apperson, resolved that this Board adjourn at 7:30 p.m. until 1:00 p.m. on MDnday November 29th. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. Lee O. Falwell, Secretary E. M~rlin O' Neill, Chairman