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2016-05-25 Packet:L�39:10at: a41ZesIo BOARD OF SUPERVISORS Page 1 of 1 `` AGENDA Meeting Date: May 25, 2016 Item Number: 2.A. Subject: County Administrator's Comments County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: The County Administrator will update the Board on the progress of various projects as requested by the Board of Supervisors. Preparer: Louis G. Lassiter Attachments: 0 Yes Title: Assistant County Administrator F-1 No # I QJ O. CXI) O > c O" Q. w u U col - ro OL z > (3) ra 0 C: L) fu ro ul H t0 < C 0 m 2 V) t 2 o u OJ .a(U Q) C: O -C::: CN "D I u Q r� Q) 79 0 C) C, r QJO vi LU LLJ V) Ln o) M V>O � 0 o p I QJ O. CXI) '0 C= > c O" Q. w U col - 0 z > (3) 0 C: L) fu CU > C 0 m 2 V) t 2 o u OJ .a(U Q) C: O -C::: CN "D I u Q r� Q) 79 0 C) C, r QJO vi LU LLJ V) Ln o) M V>O � 0 o p 4tl 01 > V) I QJ O. LLJ V) .a(U Q) (V ce u Q r� Q) 79 72C QJO LU LLJ I C QJ O. 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C ,i V N O N h 0N -p w -Q) u N > dS N Z O� -I 'D D Y rN0 -O .O O_ -0 O O O O C Nfyy6 0) +�N++ V N C N 75 U^ f6 aN� 7 C d O N N h N i Q C ' a '�' �o —Ln a Q N > fu 'O M L O 0 U) V1 O v > vNi O f0 C o- -0 'O .-f i6 O QJ n Q i 0 N C O N Z RS O� O O O L cep u w L C p C� 'a .Q C �p 0 (n i N � ro Lri O O a o 0 v > C h to 11 ,-� N LL .Q O V)U fl 3 W ;Q Q o O 2-V) o o oa o m� v N0 u (1) 52 ,- U A C O t0 C ) 0) V1 N (U c a) �M C� a. � OaL-' C Q'> Q1 O Ol fl_._ o n � o u c a 3 0 u m a. a 3 Q O v C cn T C n Y a O c r6 OLn = vOi N 0 0. o O a o G 3 2 c o 3 u c v L > m o U2 d iw �°0) ? c m o u °) o 0 v� o C n o dx+ v v U in n. z 0u z u O' H v>i a a_ 3 u Q) 2 c o - d�� v M a� > U @ c 0 a Q) m u o 0 N yi m^ V) o CL o , Q) = 0 c a , T d U ..: ::. d . w >.. .,. n h� f U � > C v �n v C (T O G � Utilities Carp Release April 28, 2o16 Jk l000r I ' A: 5/25/2016 5/25/2016 5/25/2016 al Smith -Wagner Project Progress Report May 25, 2oi6 Project Description Existing building built in 1989 40,000 square foot addition - Phase 1 57,000 square foot renovation - Phases a & 3 Renovate Multi -Purpose Room - Phase 4 Two departments: Social Services Health Department Preliminary Work Complete Moved ig staff from old trailer (on the site) into the Multi -Purpose room Installed used cubicles Removed old trailer Removed old cooling¢ tower - installed temnorary tower , I Under -slab Electrical Work �.=xr _ - --- -- �� T_ Under -Slab Restroom Piping Phasing Plan - Phase i Underway, on schedule: Completion of 40,000 square foot addition (scheduled completion January 2017) Move first group of staff from existing building to addition once completed Phases II, III, and IV Phase II: (scheduled Feb - April 2017) Completion of largest portion of renovations Move staff into renovated space Phase III: (Scheduled May - Aug 2017) Completion of next phase of renovations Move remaining staff into final homes in the renovated space Move staff in from leased space Phase IV: Renovate Multi -Purpose Room (Scheduled Sept - Dec 2017) Detailed planning required throughout Projected Schedule Chart Progress Continues Summary Preliminary work completed Phase i well underway and on schedule Multiple phases make for a complex project Work is being coordinated with service delivery needs Police HQ Project Final Phase May 25, 2oi6 Final Phase (i story building) Light renovations of Police space Replacement of finishes Security Improvements for Z4 -hour desk Updated data wiring Replacement of electrical panels and lighting Replacement of main entry storefront ADA renovation of restrooms Final Staff Moves Modified Delivery Approach to 1 -story Reasons: The contractor was behind schedule Contractor completion of i -story scheduled late summer 2015 - actual move was December 2015 The contract work in the 2 and 3 story was unfinished even after the move HVAC and controls Elevator Door hardware Change order pricing from GC seemed high 5/25/2oi6 3 Modified Approach Actions taken: CPM office is currently completing i -story work Managed through small individual contracts by CPM Results: Better control over the work to be completed Better cost control including additional scope Additional scope is done at lower cost Downside: Individual procurement processes add time 5/z5/zoic _I Progress Demolition is well underway Electrical Improvements well underway Bathroom renovations in progress Security Improvements bids due 5/24/16 Finishes being scheduled for summer Furniture is on order, scheduled for late summer Move -in anticipated late summer In Partnership with Police Department 5Iz5/2oi6 5 Lighting and Electrical Improvements 10 5/25/2016 Summary Z & 3 story completed December2015 Lobby shell completed Spring 2oi6 Remaining work scheduled for completion late Summer, including additional improvements Modified project delivery - CPM contracting out individual pieces Project remains within budget Result - significant improvements for Police Department 5/29/2.16 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: May 25, 2016 Item Number: 2.8. Subiect: County Administrator's Comments County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Ms. Angela Gray, CEO of the Richmond Metropolitan Transportation Authority (RMTA) will update the Board on the status and capabilities of the RMTA. Preparer: Janice Blakley Title: Clerk to Board of Supervisors Attachments: 0 Yes F-1No FORWARD THINKING: Opportunities for Collaboration ImAm Work with our local jurisdictions on regional projects where invited and serve as a resource in ttie area of transportation. Work with our constituents to foster greater regional collaboration. Strengthening Partnerships and Relationships by leveraging the experience and backgrounds of our expanded Board Continue dialogue with local jurisdictions about future and currents needs - WE WILL BE SACK 5/13/2016 mm 5/13/2016 Mission of the RMT.A The mission of the RMTA is to build and operate a variety of public facilities and offer public services, especially transportation - related, within the Richmond metropolitan area, each of which is operated and financed primarily through user fees. OIC1600S FA 5/13/2016 RMTA. BOARD OF DIREC."TORS: FIENRICO COUNTY Virgil Hazelett Harvey Hinson Marvin Tart am 3 ii. . . . . . . . . . . . am 3 Board of Directors Audit Committee Chief Executive officer Officer Police(SCOP) rocuremen an me Director of Operations I I Chief of Staff Director of Finance Field Operations I F-- .... .. . . ........ I H Administrative Support Human Resources I " Fiscal Operations Engineering 1 6--{ Main Street Station Facility Maintenance I 1966 Created by Act of the General Assembly 1973 Authorized to provide VEHICULAR PARKING U A (�'TT TrrTUC 1984 Authorized to own & operate SPORTS FACILITIES 2003 Authority begins MANAGEMENT of MAIN STREET STATION 5/13/2016 M 2014 General Assembly Amends Authority's Statute • Changed Name to "Richmond Metropolitan Transportation Authority" Equalized Board (5 members from Each jurisdiction) • Allowed for 1 Elected Official from each Jurisdiction to Serve on the Board 9 2014 General Assembly Amends Authority's Statute Jurisdiction and Mayoral Approval Required to: • Purchase, Construction, or Acquisition of Additional Highway Projects • Own, Operate or Provide Transit, Vehicular Parking, Sports Facilities • Issue Debt/ Borrow Money/ Extend Date of Repayment of Debt (2041) Approval NOT required to "maintain, repair or operate.." n 5/13/2016 61 5/13/2016 2016 General Assembly HB 1237 • Authorizes the Richmond Metropolitan Transportation Authority (RMTA) to construct, own, and operate coliseums and arenas, including facilities reasonably related to such coliseums and arenas, provided that the governing authorities of the localities that make up the RMTA approve. M aCO012 LV CONNECTINGTHE RICHMOND REGION AUTHORITY'S EXPRESSWAY SYSTEM RMA Expressway System C"'ONNECMT ING THE RICHMOND REGION 6.6 miles (51.2 lane miles) 37 Bridges 4 Tunnels w 5/13/2016 C c O(D:Ej 7 • Self-supporting entity - revenue from operations and proceeds from bond issuance — 99% of revenue from tolls • No ongoing local, state, or federal funding • Bond resolutions prohibit commingling of funds — Toll revenue cannot be used to support other operations (Diamond, Main Street Station, etc.) 16 5/13/2016 E-11 • GFOA CAFR Award: 22 consecutive years, includes an unmodified ("clean") audit opinion • GFOA Budget Award: 2 Consecutive Years (First applied for award with FY15 budget) - Fitch: A stable - S&P: A+ stable - Moody's: Al stable M - Use of revenues — FY2017 budget: $41.9 million Avallablefor Capital 34% - Available for capital, FYI 7: $14.1 million — Excess revenue over oDeratina costs and debt service 5/13/2016 M - Capital costs vs. available funding Pri ov rV 17 � Y19 ryllj � '(20 1 y � I f y"') IN= ( ap,tal (,)SCs —Av,,ilabkv-s(Awo,, • Fundinc,, ovtions: debt issuance or toll increase 1.9 2019 2020 =1 2022 m 5/13/2016 0 "'C'Oe JIG im 6 -Year Capital Plan man 2019 2020 =1 2022 m 5/13/2016 0 "'C'Oe JIG im UNWA m Financial Forecast N, of Valli,,as 59.5 62.4 63.3 64.3 65.2 66.0 66.8 67.6 68.4 69.0 69.7 Debt Service$ 129 $ 12.9 $ 12.9 $ 14.9 $ 14.9 $ 14.9 $ 14.9 $ 14.5 $ 10.0 $ 10.0 $ 10.0 $ 10.0 Capital Projects 4.8 10.7 19.2 26.1 19.1 9.1 6.2 5.3 9.8 13.1 7.6 6.1 22 5/13/2016 11 5/13/2016 IN CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: May 25, 2016 Item Number: 5.A. Subiect: Presentation of General Assembly Commending Resolution to Mr. Michael S. Golden, Retired Director of Parks and Recreation County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: The 2016 General Assembly passed the attached resolution for Mike Golden. Preparer: Mary Ann Curtin Attachments: 0 Yes F-1 No Title: Director, Intergovernmental Relations WHEREAS, Michael S. Golden will retire as director of the Chesterfield County Department of Parks and Recreation on April 1, 2016, after 36 years of service; and WHEREAS, Michael "Mike" S. Golden was hired in August 1979 as superintendent of parks, and in January 1993 was promoted to director of parks and recreation, a position he held for 23 years; and WHEREAS, Mike Golden leads a dynamic department with 54 major parks and trails and 6,600 acres of outdoor space that provides comprehensive recreational programs and events to a diverse and growing county population; and WHEREAS, Mike Golden had a vision of a comprehensive park system and worked tirelessly to showcase the county's natural, historical, and cultural resources; he has been a strong proponent for the acquisition of properties that not only support conservation and preservation, but accessibility for the public; Chesterfield County parks now see more than five million visits per year; and WHEREAS, under Mike Golden's leadership, the county added Falling Creek Greenway, Dutch Gap Conservation Area, Robious Landing Park, Brown and Williamson Conservation Area, Anna B. Atkins Park, Ettrick/VSU Riverside Park, Swift Creek Conservation Area, Radcliffe Conservation Area, and the pending James River Conservation Area, collectively adding more than 2,500 natural resource acres; and WHEREAS, the park system also grew with the addition of Mid -Lothian Mines, Eppington Plantation, historic Point of Rocks, and Henricus Historical Park, adding 150 acres of cultural and historical resources; Mike Golden guided the complex process to acquire these sites, balancing the requirements of resource protection with the desire for public access, and sensitively handling the negotiations to satisfy the sometimes competing goals between landowners, grant agencies, state and federal stewardship agencies, and local interest groups; and WHEREAS, Mike Golden's extensive experience with community and local government and his steady and professional leadership style enables and encourages staff to provide all services with the highest level of quality and customer service; and WHEREAS, Mike Golden is recognized for his forethought and advocacy to expand the trail system in the park system, particularly in Conservation Areas and Greenways, as a way to promote healthy living and an appreciation of the natural beauty in Chesterfield County and, recently, through the passage of the Bikeways and Trails Chapter of the Comprehensive Plan, the first countywide plan to comprehensively address the needs of both pedestrians and cyclists; and -BOZO WHEREAS, Mike Golden is a strong advocate for active living and works in cooperation with the Sports Backers organization to continually promote healthy lifestyles through recreational programs for people of all ages and backgrounds; and WHEREAS, Mike Golden was instrumental in securing the 15 annual major sporting events that drew 50,000 plus visitors to the region, providing an economic benefit of $22 million to Chesterfield County and $50 million to the Richmond region; and WHEREAS, Mike Golden has been instrumental in the opening of numerous athletic and recreational facilities in the county, including Clover Hill Sports Complex, the Warbro Road Athletic Complex, the YMCA Skatepark Partnership, Providence Park land, the first synthetic turf fields at Mary B. Stratton Park, the 60 -acre Lowes Sports Complex site, the KaBoom playground, Ettrick Riverside Park, Huguenot Maintenance Shop, a new soccer field at Point of Rocks, and the Richmond Kickers Complex, and strengthening the amenities at the River City Sportsplex; and WHEREAS, Mike Golden has for many years served as an adjunct professor at Virginia State University (VSU); he helped to instill a partnership and good working relationship on numerous projects between VSU and the Chesterfield County Department of Parks and Recreation, and helped to secure a grant for construction of the VSU/Ettrick Trail Project; and WHEREAS, Mike Golden is respected for his foresight, diligence, and relationship building that has resulted in valuable partnerships and legacy acquisitions, and he is a role model for patience and the ability to work through difficult projects, complex negotiations, and citizen concerns; now, therefore, be it RESOLVED by the House of Delegates, the Senate concurring, That the General Assembly hereby commend Michael S. Golden on the occasion of his, retirement as director of the Chesterfield County Department of Parks and Recreation; and, be it RESOLVED FURTHER, That the Clerk of the House of Delegates prepare a copy of this resolution for presentation to Michael S. Golden as an expression of the General Assembly's admiration for his many contributions to Chesterfield County and the Commonwealth. C C - -01 a 12., J - CHESTERFIELD COUNTY BOARD OF SUPERVISORS D. Page 1 of 1 Meeting Date: May 25, 2016 Item Number: 5.8. Subiect: Presentation of General Assembly Commending Resolution to James J.L. Stegmaier, County Administrator County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: The 2016 General Assembly passed the attached resolution for Mr. Stegmaier. Preparer: Mary Ann Curtin Title: Director, Intergovernmental Relations Attachments: Yes No 22 WHEREAS, James J. L. Stegmaier, who has admirably led Chesterfield County since 2007 as county administrator, and has guided it with skill and vision into a new era of entrepreneurial government, will retire on July 1, 2016; and WHEREAS, James J. L. "Jay" Stegmaier first started working for Chesterfield County in 1979; he is a graduate of The Catholic University of America and received a master's degree from the University of Virginia; and WHEREAS, Jay Stegmaier first worked for the Department of Budget and Management for Chesterfield County and became director of the office in 1986; he then served as deputy county administrator for management services beginning in 1997 and was appointed to the county's top position in 2007; and WHEREAS, the population of Chesterfield has greatly increased since Jay Stegmaier began working for the suburban county; in 1970, the population was 77,000, and in 2016, the estimated population of Chesterfield County is 337,000, making it the largest locality in Central Virginia; and WHEREAS, as county administrator, Jay Stegmaier is responsible for managing the daily operations of county government and reports to the five elected members of the Chesterfield County Board of Supervisors; he supervises 3,535 full-time employees and oversees a $1.2 billion budget; and WHEREAS, Chesterfield County has moved forward on many fronts during Jay Stegmaier's tenure; voters approved a $350 million bond referendum for improvements to school facilities and emergency communications systems, and the county also holds a top debt rating from national bond -rating agencies; and WHEREAS, economic development in Chesterfield County has occurred at a swift pace while Jay Stegmaier has been county administrator; Sabra Dipping Co., LLC, and amazon.com have established operations in the county; a major shopping mall has been redeveloped; and long-established firms have expanded, including Maruchan Virginia, Inc., E. I. du Pont de Nemours and Company, Evonik Industries, and Honeywell International Inc.; and WHEREAS, additionally, Jay Stegmaier helped secure a $2 billion investment from Shandong Tranlin Paper Co., Ltd., to open a plant in Chesterfield County; by 2020, the company expects to have 2,000 employees at the site; and WHEREAS, Jay Stegmaier has contributed his time and talents to many organizations; he is chair of the Appomattox River Water Authority and serves on the boards of the South Central Wastewater Authority, Virginia Biotechnology Research Park, United Way of Greater Richmond & Petersburg, First Tee of Greater Richmond Golf Course, and Leadership Metro Richmond, and he served as a member of the Bon Secours St. Francis Medical Center Community Advisory Board; and WHEREAS, Jay Stegmaier employs a collaborative management style, focusing on serving the community and those with whom he works; he leads by example and has tirelessly devoted his professional life to the betterment of Chesterfield County and Central Virginia; now, therefore, be it RESOLVED by the House of Delegates, the Senate concurring, That the General Assembly hereby commend James J. L. Stegmaier, county administrator for Chesterfield County, on the occasion of his retirement in 2016; and, be it RESOLVED FURTHER, That the Clerk of the House of Delegates prepare a copy of this resolution for presentation to James J. L. Stegmaier as an expression of the General Assembly's respect and admiration for his outstanding accomplishments and many years of public service to the people and businesses of Chesterfield County and the Commonwealth. 5z2>4 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: May 25, 2016 Item Number: S.C. Subiect: Resolution Recognizing the Contributions of Dr. Marcus J. Newsome as Superintendent of Chesterfield County Public Schools County Administrator's Comments: County Administrator: Board Action Reguesteld: Adoption of the attached resolution. Summary of Information: Dr. Marcus Newsome has served as Superintendent of Chesterfield County Public Schools for ten years. Preparer: Susan Pollard Title: Director, Department of Communications and Media Attachments: 0 Yes F-1No RECOGNIZING DR. MARCUS J. NEWSOME FOR HIS SERVICE TO CHESTERFIELD COUNTY WHEREAS, Dr. Marcus J. Newsome is in his 10th year as Superintendent of Chesterfield County Public Schools and will be leaving that position at the end of June; and WHEREAS, Dr. Newsome is one of the most successful and longest tenured superintendents among the nation's 100 largest school districts; and WHEREAS, prior to serving as Superintendent of Schools in Chesterfield County, Dr. Newsome served as superintendent of Newport News Public Schools and worked in Prince George's County, Maryland, and in the District of Columbia Public Schools, where he began his career as an art and mathematics teacher; and WHEREAS, during his tenure, the school district has implemented the largest Google Chromebook initiative in the nation and has become a leader in engineering, career and technical education for children; and WHEREAS, Chesterfield County Public Schools is a high -performing, award-winning school district, where test scores and graduation rates have reached all-time highs; and WHEREAS, Dr. Newsome still makes time to mentor and interact with students; and WHEREAS, Dr. Newsome's influence extends beyond Chesterfield County, as he has served as a consultant to members of Congress, state and local elected officials, and national and international business leaders; and WHEREAS, Dr. Newsome was appointed in 2006 by Governor Tim Kaine to serve as vice chair of the state's education and policy transition team, and was appointed in 2014 by Governor Terry McAuliffe to the Governor's Task Force on Local Government Mandates; and WHEREAS, Dr. Newsome has represented the Virginia Association of School Superintendents as a trained mentor for new superintendents; and WHEREAS, Dr. Newsome has served as the chair for Bridging Richmond, the Metropolitan Educational Research Consortium, the College of William and Mary's School -University Research Network, the MathScience Innovation Center Board of Directors, the Virginia Association of School Superintendents Legislative Committee and the Maggie L. Walker Governor's School Superintendents Steering Committee; and WHEREAS, Dr. Newsome founded the Newport News University Network to provide training for parents, and Mega Mentors, to connect business and civic mentors with middle and high school students; and WHEREAS, Dr. Newsome has taught at Harvard University, Virginia Commonwealth University and Virginia State University, and earned a doctorate in educational leadership from Bowie State University and a doctorate in religious education from the International Seminary in Plymouth, Florida; and WHEREAS, Dr. Newsome's insight, missed, but long will be remembered residents of Chesterfield County. leadership and many talents will be by the Board of Supervisors and the NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors extends to Dr. Marcus Newsome sincerest appreciation for his extraordinary public service, and warmest best wishes for continued success. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Dr. Newsome, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA L174x Meeting Date: May 25, 2016 Item Number: 8.A.1. Subiect: Nomination/Reappointment to the John Tyler Community College Local Board County Administrator's Comments: County Administrator: Nominate/reappoint one member to serve on the John Tyler Community College Local Board. Summary of Information: The John Tyler Community College Local Board acts in an advisory capacity to the State Board for community colleges and performs such duties with respect to the operations of the College as may be delegated to it by the State Board. The Board of Supervisors makes three at -large appointments to the local board. The term of Mr. John Titus expires June 30, 2016. John Tyler Community College has requested for Mr. John Titus to serve a second term and he has expressed an interest in serving on the board and has submitted an application. A total of four applications were received for appointment to the John Tyler Community College Local Board. The term of the appointee would be effective July 1, 2016 through June 30, 2020. Under the existing Rules of Procedures, appointments to boards and committees are nominated at one meeting and appointed at the subsequent meeting unless the Rules of Procedure are suspended by a unanimous vote of the Board members present. Nominees are voted on in the order in which they are nominated. Preparer: Louis Lassiter Title: Assistant County Administrator Attachments: ❑ Yes 0 No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: May 25, 2016 Item Number: 83.1.a.1. Subject: Resolution Recognizing Mrs. Wanda M. Jenkins, Accounting Department, Upon Her Retirement County Administrator's Comments: nA County Administrator: Board Action Reques d: Adoption of the attached resolution. Summary of Information: Mrs. Jenkins will retire from the Accounting Department, Accounts Payable Section on June 1, 2016, after providing more than 18 years of service to the citizens of Chesterfield County. Preparer: Patsy J. Brown Attachments: 0 Yes Title: Director of Accounting No # 19 3 0 2 RECOGNIZING MRS. WANDA M. JENKINS UPON HER RETIREMENT WHEREAS, Mrs. Wanda M. Jenkins will retire from the Chesterfield County Accounting Department as an Accounts Payable Specialist on June 1, 2016; and WHEREAS, Mrs. Jenkins began her public service with Chesterfield County on August 18, 1997, when she was hired by the Chesterfield Accounting Department as an Accounts Payable Technician; and WHEREAS, Mrs. Jenkins provided a high level of customer service when working with county and school customers, looking for better ways to serve them, often going out of her way to meet a need and consistently exceeding customer expectations throughout her career; and WHEREAS, Mrs. Jenkins observed many changes during more than 18 years with the Accounting Department, including the growth of Chesterfield County accounts payable expenditures from approximately $260 million annually in 1997 to more than $320 million; and WHEREAS, Mrs. Jenkins embraced and adapted to the implementation of a new financial system in August 2008 where the methods for completing her work were substantially changed; and WHEREAS, Mrs. Jenkins sought growth in her interpersonal skills through completion of the Dale Carnegie Program in August 2012; and WHEREAS, Mrs. Jenkins has been a team member within Accounts Payable by being willing to assist others and lend a helping hand; and WHEREAS, Mrs. Jenkins has demonstrated loyalty to Chesterfield County through her dedicated and conscientious service; and WHEREAS, Mrs. Jenkins has a vast wealth of knowledge of accounts payable history, a valuable resource that will be greatly missed. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Mrs. Wanda M. Jenkins, and extends appreciation, on behalf of its members and the citizens of Chesterfield County, for more than 18 years of dedicated service to the county, congratulations upon her retirement, and best wishes for a long and happy retirement. ,c�,�FSPcnc�2�f tib9 �a. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: May 25, 2016 Item Number: 8.113.1.a.2. Subiect: Resolution Recognizing Ms. Nancy C Department, Upon Her Retirement County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution. Summary of Information: Parker, Information Systems Technology Staff requests the Board adopt the attached resolution recognizing Ms. Nancy C. Parker for 27 years of dedicated service to the Chesterfield County Information Systems Technology Department and Environmental Engineering Department. Preparer: Barry Condrey Title: Chief Information Officer IST Attachments: 0 Yes No # t RECOGNIZING MS. NANCY C. PARKER UPON HER RETIREMENT WHEREAS, Ms. Nancy C. Parker joined Chesterfield County Environmental Engineering Department on July 3, 1989, as the GIS Coordinator; and WHEREAS, Ms. Parker led the effort to move Chesterfield County from mapping with ink on mylar to automated mapping in the geographic information system; and WHEREAS, Ms. Parker saw to it that over 200 layers of information were entered into the geographic information system, ensuring that all geo-spatial information is available to citizens and staff alike; and WHEREAS, Ms. Parker participated in both the subdivision and site plan review processes, ensuring that all development plans were drawn such that they would fit seamlessly into the county's geographic information system; and WHEREAS, Ms. Parker has been instrumental in the assignment of thousands of addresses for subdivision lots, apartment complexes and commercial shopping centers as new development has been realized; and WHEREAS, Ms. Parker was a charter member of, and served as the membership chair and the treasurer for, the Virginia Association for Mapping and Land Information Systems (VAMLIS), which was chartered in 1990; and WHEREAS, Ms. Parker was appointed to the seven member State Committee on Standards in 1991 which was tasked with establishing state standards for surveying, mapping and land information systems; and WHEREAS, Ms. Parker served on the Board of Advisors for the School of Applied Business and Technology within Chesterfield University from 2003 to 2009; and WHEREAS, Ms. Parker completed the Supervisory Leadership Institute in 1993 and earned the TQI Certificate in 2005, the Quality Generalist Certificate in 2010, the Quality Specialist Certificate in 2011, all from the School of Quality and Continuous Improvement; the Supervisory Leadership Certificate in 2013 from the School of Leadership and Personal Effectiveness; and the Public Safety Supervisor Certificate in 2014 from the School of Public Safety, all within the Center for Organizational Excellence; and WHEREAS, Ms. Parker completed the Community Emergency Response Team (CERT) training in 2006, becoming a CERT volunteer in order to assist the community in times of disaster; and WHEREAS, Ms. Parker served on the Virginia Geographic Information Network (VGIN) RFP selection committee in 2008 for orthophotography to be obtained for the Commonwealth of Virginia Base Mapping Program in 2009 and 2011; and WHEREAS, Ms. Parker and the rest of the GIS employees were transferred to the Information Systems Technology Department in 2009, where Ms. Parker held the position of IT Manager I; and WHEREAS, Ms. Parker, served on the Architectural Engineering Technology and Civil Engineering Advisory Committee at John Tyler Community College from 2010 to 2015, assisting with determining curriculum for certain degree programs; and WHEREAS, Ms. Parker led many enterprise geographic information system projects including the award winning CitizenGIS web application, CountyGIS web application, system modernizations and adoption of Cloud -Based data sharing platforms in an effort to provide the best information and capabilities to citizens; and WHEREAS, Ms. Parker's humble character, selfless dedication to Chesterfield County and commitment to the geographic information system and the land development processes are a model for all county employees; and WHEREAS, Ms. Parker has consistently performed her duties and responsibilities in a professional manner and will be missed by her customers and fellow co-workers. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Ms. Nancy C. Parker, expresses the appreciation of all residents for her service to Chesterfield County, and extends appreciation for her dedicated service to the county and congratulations upon her retirement, as well as best wishes for a long and happy retirement. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: May 25, 2016 Item Number: 83.1.a.3. Subiect: Resolution Recognizing Corporal Sheree L. Kendall, Police Department, Upon Her Retirement County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution. Summary of Information: Corporal Sheree L. Kendall will retire from the Police Department on June 1, 2016, after providing over 26 years of service to the residents of Chesterfield County. Preparer: Colonel Thierry G. Dupuis Title: Chief of Police Attachments:® Yes F No # 0 33 4 RECOGNIZING CORPORAL SHEREE L. KENDALL UPON HER RETIREMENT WHEREAS, Corporal Sheree L. Kendall, will retire from the Chesterfield County Police Department on June 1, 2016, after providing over 26 years of outstanding quality service to the residents of Chesterfield County; and WHEREAS, Corporal Kendall has faithfully served the county in the capacity of Patrol Officer, Detective, Detective First Class, Senior Detective, Master Detective, Career Detective and Corporal; and WHEREAS, during her tenure, Corporal Kendall has served as a desk officer, Larceny from Auto Task Force member, and in various positions in the Investigations Bureau to include, Juvenile Detective, Persons Detective, Property Detective, Major Case Detective, Senior Polygraph Examiner and Investigations Administrative Corporal; and WHEREAS, Corporal Kendall was selected as the Police Officer of the Year for the year of 2000; and WHEREAS, Corporal Kendall served as a member of the Multi -jurisdictional Special Operations Group under the Organized Crime and Intelligence Unit; and WHEREAS, Corporal Kendall was awarded a Meritorious Service Award for her diligent work as a polygraph examiner conducting both criminal and pre- employment polygraphs, and contributing to the successful resolution of numerous cases; and WHEREAS, Corporal Kendall and her fellow Investigations Bureau personnel were recognized with an Achievement Award for a their quick response, communication and teamwork which resulted in the capture and arrest of nine suspects involved in a homicide; and WHEREAS, Corporal Kendall is the recipient of multiple Chief's Commendation awards for her excellent investigative skills, professionalism and dedication to duty in the successful resolution of many cases ranging from major vandalism to armed robbery to homicides; and WHEREAS, Corporal Kendall received a Unit Citation for her tenacity while participating with 185 law enforcement personnel from the Virginia State Police and Chesterfield County Police Department in an investigation that uncovered counterfeiting and pirating goods at multiple locations in the metro Richmond area; and WHEREAS, Corporal Kendall is recognized for her excellent communications and human relations skills, her professionalism and her teamwork, all of which she has utilized within the Police Department and in assisting residents of Chesterfield County; and WHEREAS, Corporal Kendall has received numerous letters of commendation, thanks and appreciation for services rendered; and 433 WHEREAS, Corporal Kendall has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Corporal Kendall's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Corporal Sheree L. Kendall, and extends on behalf of its members and the residents of Chesterfield County, appreciation for her service to the county, congratulations upon her retirement, and best wishes for a long and happy retirement. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: May 25, 2016 Item Number: 8.B.1.a.4. Subiect: Resolution Recognizing Police Officer Kitty Lynn Combs, Police Department, Upon Her Retirement County Administrator's Comments: County Administrator: 2 Board Action Requested: Adoption of the attached resolution. Summary of Information: Police Officer Kitty Lynn Combs retired from the Police Department on May 1, 2016, after providing nearly 16 years of service to the residents of Chesterfield County. Preparer: Colonel Thierry G. Dupuis Title: Chief of Police Attachments: 0 Yes F-1 No w� RECOGNIZING POLICE OFFICER KITTY LYNN COMBS UPON HER RETIREMENT WHEREAS, Police Officer Kitty Lynn Combs retired from the Chesterfield County Police Department on May 1, 2016, after providing nearly 16 years of outstanding quality service to the residents of Chesterfield County; and WHEREAS, Officer Combs has faithfully served the county in the capacity of Police Officer, Senior Police Officer, Master Police Officer and Career Police Officer; and WHEREAS, during her tenure, Officer Combs also served as Evidence Technician, Field Training Officer and School Resource Officer; and WHEREAS, Officer Combs was very proactive as a School Resource Officer in her approach to crime, establishing a strong rapport with the students and seeking out those causing disruption, all of which consistently served as a crime deterrent; and WHEREAS, Officer Combs provided assistance to her fellow officers whenever needed and was dedicated to a team player philosophy; and WHEREAS, Officer Combs is recognized for her communications and human relations skills, professionalism, teamwork and work ethic, all of which she has utilized within the Police Department and in assisting residents of Chesterfield County; and WHEREAS, Officer Combs has received numerous letters of commendation, thanks and appreciation for services rendered; and WHEREAS, Officer Combs has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Officer Combs' diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Officer Kitty Lynn Combs, and extends on behalf of its members and the residents of Chesterfield County, appreciation for her service to the county, congratulations upon her retirement, and best wishes for a long and happy retirement. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: May 25, 2016 Item Number: 8.B.1.a.5. Subiect: Resolution Recognizing Ms. Nancy Meadows, Support Services, Upon Her Retirement County Administrator's Comments: County Administrator: Adoption of the attached resolution. Summary of Information: Department of Mental Health Ms. Meadows retired from the Department of Mental Health Support Services on May 1, 2016, after providing over 27 years of service to the citizens of Chesterfield County. Preparer: Debbie Burcham Title: Executive Director of Chesterfield CSB/MHSS Attachments: 0 Yes F-1 No RECOGNIZING MS. NANCY MEADOWS UPON HER RETIREMENT WHEREAS, Ms. Nancy Meadows was hired by Chesterfield County, on October 31, 1988, by the Police Department as a Senior Clerk Typist/Receptionist; and WHEREAS, Ms. Meadows extended a warm and welcoming reception to all who visited the Chief's office; and WHEREAS, Ms. Meadows's served as the Office of Professional Standards secretary, transcribing investigative interviews; and WHEREAS, Ms. Meadows was Administrative Secretary to the Lieutenant in charge of Special Olympics; and WHEREAS, Ms. Meadows compiled and maintained police data reports and information, off-duty information and complaint reports and helped reorganize and streamline administrative confidential files; and WHEREAS, Ms. Meadows was hired by Chesterfield Mental Health Support Services on February 22, 1994, as a Human Resources Technician; and WHEREAS, Ms. Meadows was the main timekeeper for the department and a key player in the transition from manual to automated systems; and WHEREAS, Ms. Meadows assisted in the development and on-going implementation of Mental Health Support Services new hire orientation program and was instrumental in coordinating the open enrollment process; and WHEREAS, Ms. Meadows' position was reclassified to Senior Human Resources Technician in September 2004; and WHEREAS, Ms. Meadows recommended to Human Resource Management the need for a spreadsheet listing of all applicants for ease of screening criminal background and ability to rehire, and she worked with the Police Department in setting up the fingerprinting process; and WHEREAS, Ms. Meadows worked exclusively with Mental Health Support Services' community-based programs on recruitment and the development of weekly and individual orientations to help accommodate the need for staff; and WHEREAS, Ms. Meadows took the lead on coordination of the human resources functions for Galloway Place; and WHEREAS, Ms. Meadows was critical in the success of the payroll and human resources functions as the department grew. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Ms. Nancy Meadows, expresses the appreciation of all residents for her service to Chesterfield County, and extends appreciation for her dedicated service to the county and congratulations upon her retirement, as well as best wishes for a long and happy retirement. Coy CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 2 y'=AGENDA Meeting Date: May 25, 2016 Item Number: 8.6.1.16. Subiect: Adopt an Amended and Restated Bond Original Bond Resolution Adopted by 1985, Relating to the County's Water County Administrator: Resolution, Amending and Restating the the Board of Supervisors on July 24, and Sewer Revenue Bonds Adopt an amended and restated bond resolution, amending and restating the original bond resolution adopted by the Board of Supervisors on July 24, 1985 relating to the County's Water and Sewer Revenue Bonds, to become effective only at such time as the County's Series 2007 and Series 2009 Water and Sewer Revenue Bonds shall no longer be outstanding under the original resolution. Summary of Information: The original bond resolution, along with any supplemental bond resolutions, is in effect for each water and sewer revenue bond issue. The original bond resolution has not been updated since adoption and due to financing strategies and market changes over the years has resulted in some of the language and requirements in the original bond resolution to become obsolete and outdated as to certain current market standards. Staff worked with its financial advisor, Davenport & Company LLC, and its bond counsel, Hawkins Delafield & Wood LLP, to review the original bond resolution and made some recommended changes. The major changes recommended in the resolution are: 1) Removed all requirements for newspaper publications for notices such as notice of redemptions, notice of amendment, consent of Bondholders, resignation of Trustee, appointment of successor Trustee, and defeasance. Notices can currently be made through electronic and website means such as on the Electronic Municipal Market Access system of the Municipal Securities Rulemaking Board. This will not preclude the publication in newspapers, if we so choose, but eliminates the requirement to do so. Preparer: George B. Hayes, P.E. Preparer: Allan Carmody Attachments: Yes No Title: Director of Utilities Title: Director of Budget and Management 'G0041 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Summary of Information: (continued) 2) Added that a Certificate of an Authorized Officer of the County and accompanying Certificate, if applicable, of a firm of engineers, accountants or consultants with respect to pro forma analysis or projection of revenues is not required for refunding bonds provided that the refunding bonds do not increase maximum annual debt service in any year by more than ten percent (10'). 3) Added additional investment securities for bond funding. Added additional investment securities that are now allowable under the Commonwealth of Virginia (Investment of Public Funds Act) that were not listed in the original bond resolution. 4) Removed the requirement to have an Accountant's (Auditor's) Certificate confirming the calculations required to be made under the Resolution by the County in connection with the issuance of additional bonds. The revisions allow the certification to be made by the County without confirmation by the County's auditors. The certificate identifies revenues and expenses for 12 consecutive months within 18 calendar months preceding the delivery of bonds and calculates coverage for maximum annual debt service. Industry standards do not generally require these types of accountant certifications for additional bond testing and such accountant certifications can be costly. 5) Removing the requirement to file with the Trustee a copy of the audited annual financial report and operating budget. Trustee has ability to obtain these documents electronically through services such as the Electronic Municipal Market Access. Bondholders access the financial statements and other continuing disclosure reports via the Electronic Municipal Market Access system. Staff recommends approval. ' o q;! AMENDED AND RESTATED RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, AUTHORIZING THE ISSUANCE OF WATER AND SEWER REVENUE BONDS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, AND PROVIDING FOR THE SECURITY OF THE HOLDERS THEREOF, AMENDING, RESTATING AND SUPERSEDING IN ITS ENTIRETY RESOLUTION NO. 85-497 ADOPTED ON JULY 24, 1985 BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA RECITALS 1. On July 24, 1985, the Board of Supervisors of the County of Chesterfield, Virginia (the "County"), adopted Resolution No. 85-497 entitled "RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, AUTHORIZING THE ISSUANCE OF WATER AND SEWER REVENUE BONDS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, AND PROVIDING FOR THE SECURITY OF THE HOLDERS THEREOF" (the "Original Resolution"), as amended and supplemented from time to time by Supplemental Resolutions (hereinafter defined), including the Tenth Supplemental Resolution, adopted by the Board of Supervisors on April 27, 2016 (the "Tenth Supplemental Resolution"). 2. The County has heretofore issued and there are Outstanding under the Original Resolution on and as of the date of adoption hereof the County's Water and Sewer Revenue Bonds, Series 2007 and Series 2009 (collectively referred to herein as the "Prior Bonds"). 3. The County desires to amend and restate in its entirety the Original Resolution by this Amended and Restated Resolution (hereinafter sometimes also referred to as the "Bond Resolution"). 4. Pursuant to Section 8.1(6), the amendment and restatement of the Original Resolution by this Amended and Restated Resolution shall become effective only at such time as the Prior Bonds shall no longer be Outstanding under the Original Resolution. 5. Following the date of adoption hereof, the County intends to issue its Water and Sewer Revenue Refunding Bonds, Series 2016 (the "Series 2016 Bonds") pursuant to this Amended and Restated Resolution and the Tenth Supplemental Resolution, the proceeds of which Series 2016 Bonds shall be applied by the County to the refunding and defeasance of the Prior Bonds, and thereupon, the Prior Bonds will be deemed paid and satisfied and shall no longer be Outstanding under the Original Resolution, and this Amended and Restated Resolution shall become effective. 6. Upon issuance of the Series 2016 Bonds and by virtue of their purchase of the Series 2016 Bonds, the beneficial owners of the Series 2016 Bonds shall have consented to, and shall be deemed to have consented to, the amendment and restatement of the Original Resolution by this Bond Resolution and the implementation and effectiveness of this Bond Resolution, and shall be further deemed to have waived any and Iall formal 2629058.5 038690 RSIND requirements of the Original Resolution for written or published notice of the amendment and restatement of the Original Resolution and for any written consent to the amendment and restatement of the Original Resolution. 7. The Existing System (hereinafter defined) currently provides water and sewer services to the residents and businesses located within the County and to certain other entities and service providers outside of the County in accordance with agreements and contracts as may be in place from time to time. 8. The Bonds issued under this Bond Resolution and any Supplemental Resolution, including the Series 2016 Bonds and any Additional Bonds (hereinafter defined) issued hereunder, shall be secured by a pledge of the Revenues of the System, as defined herein. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: ARTICLE I DEFINITIONS AND INTERPRETATION Section 1.1. Definitions. In this Bond Resolution, the following words and terms shall, unless the context otherwise requires, have the following meanings: "Account" or "Fund" means one of the special funds or accounts herein created and established pursuant to Section 5.2 of this Bond Resolution. "Accountant" means such reputable and experienced independent certified public accountant or firm of independent certified public accountants as may be selected by the County pursuant to applicable laws. "Accreted Value" means the amounts set forth in the amounts computed pursuant to the formula set forth in the Supplemental Resolution authorizing the issuance of the Capital Appreciation Bonds the Accreted Value of which is being determined. "Act" means Title 15.2, Chapter 26 of the Code of Virginia, 1950, the same being the Public Finance Act of 1991, as amended. "Additional Bonds" means any bonds delivered pursuant to this Bond Resolution after the execution and delivery of the Series 2016 Bonds. "Authorized Officer of the County" means the County Administrator, Director of Utilities, Director of Budget, or any other authorized officer of the County designated by the Board to act hereunder, and, in the case of any act to be performed or duty to be discharged, any other member, officer or employee of the County then authorized to perform such act or discharge such duty on behalf of the County. "Bank" means any bank, trust company, national banking association, insurance company or other entity other than the County which is the issuer of a letter of credit, line of credit, insurance policy 2 2629058.5 038690 RSIND or other instrument securing payment of Bonds, including but not limited to payment of principal thereof and interest thereon. "Board" means the Board of Supervisors of the County. "Bond Counsel's Opinion" means an opinion signed by Bond Counsel rendered pursuant to the provisions of this Bond Resolution. "Bond Counsel" means an attorney or firm of attorneys of recognized standing in the field of law relating to municipal, state and public agency financing, selected by the County and satisfactory to the Trustee. "Bond Resolution" means this bond resolution of the County, and any amendments or supplements adopted in accordance with its terms and, where appropriate in the context, including the Tenth Supplemental Resolution and any additional Supplemental Resolution. "Bond" means one of the Bonds delivered pursuant to this Bond Resolution, including the Series 2016 Bonds and any Additional Bonds or Refunding Bonds issued pursuant to Article 11. "Bondholder" or "Holder" or words of similar import, when used with reference to a Bond, means any person who shall be the registered owner of any Outstanding Bond. "Capital Appreciation Bonds" means Bonds that bear interest payable at maturity or upon redemption prior to maturity in the amounts determined by reference to the Accreted Value of such Capital Appreciation Bonds in accordance with the provisions of the Supplemental Resolution authorizing the issuance of such Capital Appreciation Bonds. "Certificate" means (i) a signed document either attesting to or acknowledging the circumstances, representations or other matters therein stated or set forth or setting forth matters to be determined pursuant to this Bond Resolution or (ii) the report of any accountant as to audit or other procedures called for by this Bond Resolution. "Chairman" means the Chairman of the Board. "Clerk" means the Clerk of the Board. "Code" means the Internal Revenue Code of 1986, as amended, and the regulations promulgated by the United States Department of the Treasury thereunder from time to time. "Commonwealth" or "State" means the Commonwealth of Virginia. "Construction Fund" means the Fund so designated and established by Section 5.2. "Consultant" means a firm of engineers, accountants or water and sewer consultants of national recognition for advising municipalities with respect to the setting of rates and charges for the use of water and sewer systems selected by the County. 2629058.5 038690 RSIND' "Costs of Construction" means the costs reasonably incurred in connection with the System or any portion thereof, including, but not limited to, the costs set forth below: (i) acquisition of all property, real or personal, and all interests in connection therewith including all rights-of-way and easements therefor; (ii) physical construction, installation and testing including the cost of labor, services, materials, supplies and utility services used in connection therewith, including the cost of County personnel employed in such construction, installation and testing and the inspection thereof, (iii) architectural, engineering, legal and other professional services; (iv) insurance premiums required under this Bond Resolution to be taken out and maintained during construction, to the extent not paid for by a contractor for construction and installation; (v) any taxes, assessments or other charges which become due during construction; (vi) expenses incurred by the County or on its behalf with its approval in seeking to enforce any remedy against any contractor or sub -contractor in respect of any default under a contract relating to construction; (vii) principal of and interest on any indebtedness of the County, other than the bonds, incurred for construction or acquisition of a portion of the System; and (viii) miscellaneous expenses incidental thereto. "Costs of Issuance" means all items of expense, directly or indirectly payable or reimbursable by or to the County and related to the authorization, sale and issuance of Bonds, including, but not limited to, printing costs, costs of preparation and reproduction of documents, filing and recording fees, initial fees and charges of the Trustee, the Registrar, the Paying Agent and the Bank, legal fees and charges, fees and disbursements of consultants and professionals, costs of credit ratings, fees and charges for preparation, execution, transportation and safekeeping of Bonds, costs and expenses of refunding, premiums for the insurance of the payment of the Debt Service on the bonds or of the Debt Service Reserve Fund established in respect of the Bonds, financing charges, accrued interest with respect to the initial investments of proceeds of bonds and any other costs, charge or fee in connection with the original issuance of Bonds. "County" means the County of Chesterfield, Virginia. "County Administrator" means the County Administrator of the County. "Debt Service" means, with respect to any particular Fiscal Year and any particular Series of Bonds, an amount equal to the sum of (i) all interest payable on such Bonds during such Fiscal Year, �- 4 2629058.5 038690 RSIND . plus (ii) all Principal Installments payable on such Bonds during such Fiscal Year. For purposes of computing "Debt Service", the rate of interest used to determine (i) above shall be a rate per annum equal to (1) with respect to any Series of Bonds which bear interest at a fixed rate, the rate of interest borne or to be borne by such Bonds, and (2) with respect to any Series of Bonds which bear interest at a floating or variable rate, the rate which is equal to the greater of (A) the average of all the interest rates in effect (or which would have been in effect has such Bonds been Outstanding) during the immediately preceding twelve (12) month period or (B) the average of all the interest rates in effect (or which would have been in effect had such Bonds been Outstanding) during the immediately preceding one (1) month period. "Debt Service/Additional Bonds" means, with respect to any Fiscal Year, an amount equal to the aggregated of (i) all interest payable during such Fiscal Year on all Bonds to be Outstanding as of the date immediately after the delivery of the Additional Bonds to be issued (other than interest payable from the proceeds of Bonds), plus (ii) all Principal Installments payable during such Fiscal Year on all Bonds to be Outstanding as of the date immediately after the delivery of the Additional Bonds to be issued. For purposes of computing "Debt Service/Additional Bonds", the rate of interest used to determine (i) above shall be a rate per annum equal to (1) with respect to any Series of Bonds which bear interest at a fixed rate, the rate of interest borne or to be bome by such Bonds, and (2) with respect to any Series of Bonds which bear interest at a floating or variable rate, the rate which is equal to the greater of (A) the average of all the interest rates in effect (or which would have been in effect has such Bonds been Outstanding) during the immediately preceding twelve (12) month period, (B) the average of all the interest rates in effect (or which would have been in effect has such Bonds been Outstanding) for the immediately preceding one (1) month period, or (C) the rate equal to the Bond Buyer Revenue Bond Index most recently published by The Bond Buyer, or if such index is no longer published, any reasonably equivalent index selected by the Director of Budget. "Debt Service Fund" means the Fund so designated and established by Section 5.2. "Debt Service Reserve Fund" means the Fund so designated and established pursuant to Section 5.2. "Debt Service Reserve Requirement" means, with respect to any Series of Bonds secured by the Debt Service Reserve Fund, the Debt Service Reserve Fund Requirement, if any, as set forth in or as determined in accordance with, the applicable Supplemental Resolution authorizing the issuance of such Series of Bonds. In lieu of any deposits to the Debt Service Reserve Fund for any Series of Bonds to be secured thereby, the County may cause to be deposited to the credit of the Debt Service Reserve Fund a surety bond or an insurance policy payable to the Trustee for the benefit of the Holders of the applicable Series of Bonds secured thereby or a letter of credit entitling the Trustee to draw in an amount equal to the difference between the Debt Service Reserve Requirement and the sum then to the credit of the Debt Service Reserve Fund, if any. The surety bond, insurance policy or letter of credit shall be payable (upon the giving of notice and the presentation of any certificates as required thereunder) on any date on which moneys shall be required to be transferred to the Debt Service Fund and such transfer cannot be met by amount on deposit in the Debt Service Reserve Fund or provided from any other fund or account under this Bond Resolution. The insurer providing such surety bond or insurance policy shall be an insurer whose municipal bond insurance policies insuring the payment, when due, or the principle of any interest on municipal bond issues results in such issues being rated in the highest rating category w� 2629058.5 038690 RSIND (without regard to any rating refinement or gradation by numerical modifier or otherwise) by either Moody's Investors Service or Standard & Poor's Ratings Services, or their successors, or any insurer who holds the highest policyholder rating accorded insurers by A.M. Best & Co., or any comparable services. The letter of credit issuer shall be a bank or trust company which is rated not lower than the second highest rating category (without regard to any rating refinement or gradation by numerical modifier or otherwise) by either Moody's Investors Service or Standard & Poor's Ratings Services or their successors, and the letter of credit itself shall be rated in the highest category (without regard to any rating refinement or gradation by numerical modified as otherwise) of either such rating agency. If a disbursement is made pursuant to any such surety bond, insurance policy or letter of credit, the County shall be obligated to either (i) reinstate the maximum limits of such surety bond, insurance policy or letter of credit or (ii) deposit to the credit of the Debt Service Reserve Fund moneys in the amount of the disbursement made under such surety bond, insurance policy or letter of credit, or a combination of such alternatives, such that the amount in the Debt Serve Reserve Fund equals the Debt Service Reserve Requirement within a time period not longer than would otherwise be required to restore the Debt Service Reserve Fund from Revenues by operation of Section 5.4. "Depositary" means any bank or trust company or national banking association selected by the County or the Trustee as a depositary of moneys or securities held under the provisions of this Bond Resolution and may include the Trustee. "Director of Budget" means the Director of Budget and Management of the County. "Director of Utilities" means the Director of Utilities of the County. "Escrow Agent" means the financial institution or institutions serving as such pursuant to an appointment under a Supplemental Resolution or in the written order referred to in Section 4.1. "Event of Default" means any of the events specified in Section 10.1. "Existing System" means the water and sewer facilities owned by the County on the effective date of this Bond Resolution. "Expansion" means all expansions and improvements to the System. "Extension and Replacement Fund" means the Fund so designated and established by ZD Section 5.2. "Fiscal Year" means a twelve (12) month period commencing on the first day of July of any year, or such other twelve (12) month period adopted as the Fiscal Year of the County. "Interest Payment Date" means any date upon which interest on any Series of Bonds is due and payable in accordance with the terms of such Series of Bonds, as set forth in a Supplemental Resolution relating to such Series of Bonds. "Investment Securities" means and includes any of the following obligations, to the extent the same are at the time legal for investment of funds of the County under applicable law: 6 2629058.5 038690 RSIND (i) direct obligations of or obligations guaranteed by the United States of America; (ii) any bond or note of the Federal National Mortgage Association or the Federal Home Loan Banks; bonds, debentures and similar obligations of Federal Land Banks, Federal Intermediate Credit Banks or Banks for Cooperatives, issued pursuant to Acts of Congress; and obligations issued by the United States Postal Service when the principal thereof and interest thereon is guaranteed by the government of the United States of America; (iii) direct and general full faith and credit obligations of the Commonwealth of Virginia; (iv) unlimited tax direct and general obligations of any political unit of the Commonwealth of Virginia, to the payment of which the full faith and credit of such political unit is pledged; provided that at the time of purchase such obligations are rated in either of the two highest rating categories by a nationally recognized bond rating agency; (v) intentionally reserved, (vi) repurchase agreements for such obligations specified in clauses (i), (ii), (iii) and (iv) above, subject to the limitations set forth below; (vii) time deposits or certificates of deposit with banks, trust companies or national banking associations which are members of the Federal Reserve System and have a net capital and surplus of at least $25,000,000 (which may include the Trustee or any Depositary) fully secured as to principal by obligations described in clauses (i), (ii), (iii) and (iv) above; (viii) savings accounts, time deposits or certificates of deposit in any savings and loan association under the supervision of the Commonwealth of Virginia or the Federal Government; provided such accounts and deposits are fully insured by the Federal Deposit Insurance Corporation or any successor federal agency; (ix) intentionally reserved, (x) investments through the Commonwealth of Virginia State Non -Arbitrage Program established pursuant to the Government Non -Arbitrage Investment Act, Title 2.2, Chapter 47, Sections 2.2-4700 through 2.2-4705, of the Code of Virginia, 1950, or any successor statute, as the same may amended from time to time; and (xi) any legal investments authorized for political subdivisions of the Commonwealth for the investment of sinking funds and for other public funds under Title 2.2, Chapter 45 ("INVESTMENT oFPUBLic FuNDsACT"), of the Code of 7 2629058.5 038690 RSIND Virginia, 1950, or any successor statute, as the same may be amended from time to time. A repurchase agreement pursuant to clause (vi) above may be made with any bank as principal, including the Trustee or an affiliate of the Trustee, within or without the Commonwealth of Virginia having a combined capital, surplus and undivided profits of not less than $25,000,000 and acceptable to the Trustee; provided the bank is obligated to repurchase within one year. Such repurchase agreement shall be considered a purchase of such securities even if title and/or possession of such securities is not transferred to the Trustee so long as (i) the repurchase obligation of the bank is collateralized by the securities themselves, (ii) the securities have on each day the repurchase agreement is in effect a fair market value equal to at least 100% of the amount of the repurchase obligation of the bank, (iii) the securities are held by a third party and segregated from securities owned generally by the bank, (iv) a perfected security interest under the Uniform Commercial Code of the applicable state or book -entry procedures prescribed by federal law or regulations in such securities is created for the benefit of the Trustee and (v) if the repurchase agreement is with the bank serving as Trustee or any related party, the third party holding such securities holds them as agent for the benefit of the Holders of the Bonds rather than as agent for the bank serving as Trustee or any other party. "Operating Budget" means the annual budget described in Section 7.7 adopted by the County concerning the operation of the System for the succeeding Fiscal Year. "Operating Expenses" means the current expenses, paid or accrued, of operation, maintenance and current repair of the System, as calculated in accordance with generally accepted accounting principles, and shall include, without limiting the generality of the foregoing, any cost of purchased services for water or sewer from any source, insurance premiums, administrative expenses of the County relating solely to the System, labor, executive compensation, the cost of materials and supplies used for current operations, and charges for the accumulation of appropriate reserves for current expenses not annually recurrent but which are such as may reasonably be expected to be incurred in accordance with general accepted accounting principles. "Operating Expenses" shall not include any allowance for depreciation of capital assets of the System or amortization of capacity rights. "Operating Fund" means the Fund so designated and established pursuant to Section 5.2. "Outstanding", when used with reference to Bonds, means, as of any date, all Bonds theretofore or thereupon being delivered under this Bond Resolution except: (i) any Bond cancelled by the Trustee or delivered to the Trustee for cancellation at or prior to such date; (ii) any Bond (or portion of a Bond) for the payment or redemption of which there has been separately set aside and held in the Debt Service Fund or Redemption Fund hereunder either: (a) moneys in an amount sufficient to effect payment of the principal or applicable Redemption Price thereof, together with accrued interest on such Bond to the Redemption Date; or 2629058.5 038690 RSIND (b) Investment Securities, as described in Section 12.1(b), in such principal amounts, of such maturities, bearing such interest and otherwise having such terms and qualifications as shall be necessary to provide moneys in an amount sufficient to effect payment of the principal or applicable Redemption Price of such Bond, together with accrued interest on such Bond to the Redemption Date; or (c) any combination of (a) and (b) above; (iii) any Bond in lieu of or in substitution for which other Bonds shall have been delivered pursuant to Article III, Section 6.6 or Section 9.6; and (iv) any Bond deemed to have been paid as provided in subsection (b) of Section 12.1. "Paying Agent" means, with respect to any Series of Bonds, the bank, trust company or national banking association appointed to act as a paying agent pursuant to Section 11.11. "Principal Installment" means, as of any date of calculation, (i) the aggregate principal amount of Outstanding Bonds due on a certain future date, reduced by the aggregate principal amount of such Bonds which would be retired by reason of the payment when due and application in accordance with this Bond Resolution of Sinking Fund Payments payable before such future date, plus (ii) any Sinking Fund Payments due on such certain future date, together with the aggregate amount of the premiums, if any, applicable on such Sinking Fund Payments, plus (iii) with respect to any Capital Appreciation Bonds due on such certain future date, the Accreted Value of such Capital Appreciation Bonds. "Principal Payment Date" means any date upon which a Principal Installment is due and payable with respect to any Series of Bonds as set forth in a Supplemental Resolution relating to such Series of Bonds. "Redemption Date" means the date upon which Bonds are to be called for redemption pursuant to this Bond Resolution. "Redemption Fund" means the Fund so designated and established pursuant to Section 5.2. "Redemption Price" means, with respect to any Bond, the principal amount thereof plus the applicable premium, if any, payable upon redemption thereof. "Refunding Bonds" means the Series 2016 Bonds and any Series or portion of a Series of Bonds delivered on original issuance in accordance with the conditions set forth in Section 2.5, the proceeds of which are to be applied to the refunding of any Bond issued hereunder. "Registrar" means, with respect to Series of Bonds, the agent of the County at the office which Bonds may be presented for registration, transfer or exchange as provided in Article III. 9 2629058.5 038690 RSIND "Revenue Fund" means the Fund so designated and established pursuant to Section 5.2. "Revenues" means all rates, fees, rentals, connection fees or other charges or other income received or accrued by the County, in connection with the management and operation of the System, and all parts thereof, from the operation of the System, including all amounts received or accrued from the investment or deposit of moneys in the Funds or Accounts created and established under this Bond Resolution which are required by the Bond Resolution to be deposited in the Revenue Fund, and all payments received by the County from the City of Richmond pursuant to the annexation decree dated July 12, 1969 or from any other interlocal agreements or interlocal fees, and any amounts contributed by the County, all as calculated in accordance with generally accepted accounting principles, but shall not include the proceeds of any special assessments for water or sewer improvements, any amounts collected by the County representing State sales taxes or State user fees which are required by law or agreement to be paid to the State. "Series" means all of the Bonds delivered on original issuance in a simultaneous transaction, regardless of variations in maturity, interest rate, Sinking Fund Payments or other provisions, and any Bonds thereafter delivered in lieu of or in substitution for (but not to refund) such Bonds as herein provided. "Sinking Fund Payment" means, as of a particular date of calculation, the amount required to be paid by the County on a certain future date for the retirement of Outstanding Bonds which mature after such future date, but does not include any amount payable by the County by reason of the maturity of a Bond or by call for redemption at the election of the County. "State" means the Commonwealth of Virginia. "Supplemental Resolution" means, as the context shall require, the Tenth Supplemental Resolution and any other resolution outstanding and in effect from time to time supplementing or amending this Bond Resolution, adopted by the County and effective in accordance with Article VIII. "System" means the Existing System, any Expansion, and any and all other expansions and improvements to be constructed and acquired from the proceeds of the Bonds authorized by this Bond Resolution and any other expansion to be constructed or acquired from any other sources at any time hereafter, and shall include (a) all wells, pumping stations, purification plants and other sources of supply of water and all pipes, mains and other parts of the facilities for the distribution of water and all equipment and property used in connection therewith, (b) all sanitary sewers, all waste water disposal and purification plants, and all equipment used in connection therewith, all facilities for the collection, treatment and disposal of sewage and waste matter, including industrial wastes, and (c) all other facilities of any nature or description, real or personal, now or hereafter owned or used by the County in the supply, distribution and treatment of water or sewage by its municipally owned water and sewer system, including reasonably required access roads to facilities of the System and administrative offices for County personnel acting in the management, administration and operation and maintenance of the System. 10 2629058.5 038690 RSIND "Tenth Supplemental Resolution" shall mean the Tenth Supplemental Resolution duly adopted by the Board on April 27, 2016 authorizing the issuance, sale and delivery of the County's Water and Sewer Revenue Refunding Bonds, Series 2016. "Treasurer" means the Treasurer of the County. "Trustee" means The Bank of New York Mellon Trust Company, N.A. And any other person at any time substituted in its place as provided in Article XI. "Variable Rate Bonds" means any Bonds which bear interest at a variable rate. Section 1.2. Interpretation. (a) In this Bond Resolution, unless the context otherwise requires: (1) the terms "hereby", "hereof', "hereto", "herein", "hereunder", and any similar terms used in .this Bond Resolution refer to this Bond Resolution, and the term "heretofore" means before, and the term "hereafter" means after the date of adoption of this Bond Resolution; (2) the words of the masculine gender mean and include correlative words of the feminine and neuter genders and words importing the singular number mean and include the plural number and vice versa; (3) words importing persons shall include firms, associations, partnerships (including limited partnerships), trusts, corporations and other legal entities, including public bodies, as well as natural persons; (4) any headings preceding the texts of the several articles and section of this Bond Resolution, and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall not constitute a part of this Bond Resolution, nor shall they affect its meaning, construction or effect; and (5) this Bond Resolution shall be governed by, and construed and enforced in accordance with, the applicable laws of the State. (b) Nothing in the Bond Resolution expressed or implied is intended or shall be construed to confer upon, or to give to, any person, other than the County, the Trustee and the Holders of the Bonds, any right, remedy or claim under or by reason of this Bond Resolution or any covenant, condition or stipulation thereof. All the covenants, stipulations, promises and agreements herein contained by and on behalf of the County shall be for the sole and exclusive benefit of the County, the Trustee and the Holders of the Bonds. (c) If any one or more of the covenants or agreements provided herein on the part of the County or the Trustee to be performed should be contrary to law, then such covenant or agreement shall be deemed separable from the remaining covenants and agreements hereof and shall in no way affect the validity of the other provisions of this Bond Resolution or of the Bonds. 11 2629058.5 038690 RSIND ARTICLE II TERMS OF BONDS Section 2.1. Bond Resolution to Constitute Contract; Parity Bonds. In consideration of the purchase and acceptance of the Bonds by those who shall hold the same from time to time, the provisions of this Bond Resolution shall be deemed to be and shall constitute a contract among the County, the Trustee and the Holders from time to time of the Bonds. The pledges and assignments made hereby and the provisions, covenants and agreements herein set forth to be performed by or on behalf of the County shall be for the equal benefit, protection and security of the Holders of any and all of such Bonds, each of which, regardless of the time or times of its issuance or maturity, shall be of equal rank without preference, priority or distinction over any other thereof, except as expressly provided in this Bond Resolution. Section 2.2. Obligation of Bonds. The Bonds issued under this Bond Resolution are limited obligations of the County payable solely from the Revenues, subject only to the prior payment from the Revenues of the Operating Expenses of the System, and from the moneys held in the Funds and Accounts created and established under this Bond Resolution and pledged to the payment thereof. The Bonds shall not be deemed to constitute a full faith and credit general obligation of the County for which there is a right to compel the exercise of the ad valorem taxing power of the County. Section 2.3. Authorization of Bonds. In order to provide sufficient funds to refund and defease any Bonds issued hereunder from time to time, to construct any Expansion and any other expansion or improvement of the System and to acquire property in connection therewith, Bonds of the County are hereby authorized to be issued hereunder, in one or more Series from time to time, pursuant to the Act. Section 2.4. Conditions Precedent to Delivery of Bonds. The Bonds of each Series shall be delivered upon the receipt by the Trustee of: (1) a copy of the Supplemental Resolution authorizing such Series, certified by the Clerk or an Authorized Officer of the County, by which or pursuant to which the terms of the Bonds of such Series are specified, which Supplemental Resolution shall contain findings and determinations of the Board that no default exists in the payment of the principal of or interest and premium, if any, on any Bond, and that all mandatory redemptions, if any, of Bonds required to have been made under the terms of this Bond Resolution or any Supplemental Resolution shall have been made; (2) a Bond Counsel's Opinion to the effect that (i) such Supplemental Resolution has been duly and lawfully adopted and is in full force and effect; (ii) this Bond Resolution has been duly and lawfully adopted by the County and is valid and binding upon, and enforceable against, the County (except to the extent that the enforceability thereof may be subject to judicial discretion, to the exercise of the sovereign police powers of the State and the constitutional powers of the United States of America and to valid bankruptcy, insolvency, reorganization, 12 2629058.5 038690 RSIND moratorium and other laws affecting the relief of debtors); (iii) this Bond Resolution creates the valid pledge which it purports to create of the Revenues and of moneys and securities on deposit in any of the Funds established hereunder subject to the application thereof to the purposes and on the conditions permitted by this Bond Resolution; and (iv) upon the execution and delivery thereof, such Bonds will have been duly and validly authorized and issued in accordance with this Bond Resolution; (3) a written order as to the delivery of such Bonds and the application of Bond proceeds, signed by an Authorized Officer of the County; and (4) subject to Section 2.5 of this Bond Resolution, in the case of the issuance of Bonds of a Series, a Certificate of an Authorized Officer of the County that such Series of Bonds is issued in compliance with the provisions of Section 7.11(b), which Certificate shall be accompanied by, if applicable, a Certificate of any firm of engineers, accountants or consultants referred to in Section 7.11(b)(1) with respect to any pro forma analysis of Revenues described in such Section 7.1l(b)(1) or a Certificate of any recognized feasibility consultant in the field of water and sewer financing referred to in Section 7. 11 (b)(2)(B) with respect to any projection of Revenues referred to in such Section 7.11(b)(2)(B). Section 2.5. Conditions Precedent to Delivery of Refunding Bonds. In addition to the requirements of Section 2.4, Refunding Bonds of any Series shall be delivered only upon the receipt by the Trustee of instructions as to the payment or redemption of the Bonds or other obligations of the County to be refunded together with instructions as to the giving of notice of redemption, if any, of the Bonds or other obligations to be refunded. The requirements of Section 2.4(4) of this Bond Resolution shall not apply to the issuance of Refunding Bonds hereunder provided that the County shall have delivered a Certificate of an Authorized Officer of the County demonstrating that such Refunding Bonds do not increase maximum annual Debt Service in any year (calculated for the period during which the Refunded Bonds would have otherwise been Outstanding) by more than ten percent (10%). ARTICLE III GENERAL TERMS AND PROVISION OF BONDS Section 3.1. Medium of Payment, Denomination, Maturities, Form and Date. (a) The Bonds shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Unless otherwise provided in the Supplemental Resolution authorizing the issuance of the Bonds of any Series, interest on the Bonds of each Series shall be mailed by the Paying Agent for such Series to the Holders of the Bonds of such Series at their last addresses appearing on the registration books of the County maintained by the Registrar. (b) Unless otherwise provided in Supplemental Resolution authorizing the Bonds of any Series, all Bonds shall be in the denomination of $5,000 each or denominations of any integral multiple thereof. 13 2629058.5 038690 RSIND -- (c) The date upon which any Principal Installment of and interest on the Bonds of any Series shall be payable shall be established in the Supplemental Resolution authorizing the Bonds of such Series. (d) Unless otherwise provided by Supplemental Resolution authorizing the Bonds of any Series, all Bonds of such Series shall be issued in fully registered form, without coupons. (e) To the extent permitted by law and notwithstanding any other provision of this Bond Resolution with respect to the form of Bonds, the County is hereby authorized to provide by Supplemental Resolution or Supplemental Resolutions: (1) for the issuance of one or more Series of Bonds either in the form of coupon Bonds or in fully registered form, without coupons; and/or (2) for the exchange of Bonds initially issued in fully registered form for an equal aggregate principal amount of coupon Bonds of the same Series and maturity with appropriate coupons attached, upon the conditions and with the restrictions provided therefor in such Supplemental Resolution. Such Supplemental Resolution shall include but shall not be limited to provisions concerning the medium of payment, denominations, form, date, redemption, purchase, transfer, cancellation and execution of such coupon Bonds and the coupons appertaining thereto. (f) Notwithstanding any other provision of this Bond Resolution with respect to the form of Bonds, the County is hereby authorized to provide by Supplemental Resolution for the issuance of one or more Series of Bonds solely in fully registered form registerable to a depositary, a nominee or the beneficial owner of the Bonds. The County is further authorized to provide by Supplemental Resolution that such Series of Bonds shall be evidenced by one or more certificates or by a system of book entries in form satisfactory to the Director of Budget or other Authorized Officer of the County and to provide for payment, redemption, notices and like provisions in a manner consistent with the such system of registration. (g) The Bonds of each Series shall bear interest at such rate or rates, if any, from the date specified by the Supplemental Resolution providing for the issuance of the Bonds of such Series. The Bonds of each Series shall be dated the date specified by Supplemental Resolution providing for the issuance of the Bonds of such Series. If, however, as shown by the records of the Registrar, interest on such Bonds shall be in default, the Bonds issued in lieu of Bonds surrendered for transfer shall be dated the date to which interest has been paid in full on the Bonds surrendered. Section 3.2. Legends. The Bonds of each Series may contain or have endorsed thereon such provisions, specifications and descriptive words not inconsistent with the provisions of this Bond Resolution as may be necessary or desirable to comply with custom, or otherwise. Section 3.3. Interchangeability of Bonds. Upon surrender thereof at the principal or corporate trust office of the Registrar with a written instrument of transfer satisfactory to the Registrar, duly executed by the Holder or his duly authorized attorney, Bonds may, at the option 14 2629058.5 038690 MIND of the Holder thereof, be exchanged for an equal aggregate principal amount of Bonds of the same Series and maturity, of any of the authorized denominations. Section 3.4. Negotiability, Transfer and Registry. All the Bonds issued under this Bond Resolution shall be negotiable, subject to the provisions for registration, transfer and exchange contained in this Bond Resolution and in the Bonds. So long as any of the Bonds shall remain Outstanding, the County shall cause to be maintained and kept, at the principal or corporate trust office of the Registrar, books of registry for the registration, transfer and exchange of Bonds. Upon presentation thereof for such purpose at such office, the Registrar shall register or cause to be registered in such books of registry, and permit to be transferred thereon, any Bonds entitled to registration or transfer, under such reasonable regulations as the Registrar may prescribe. Section 3.5. Transfer of Bonds. (a) Each Bond shall be transferable only upon the books of registry of the County by the Holder thereof in person or by his duly authorized attorney, upon surrender thereof with a written instrument of transfer satisfactory to the Registrar, duly executed by the Holder thereof or his duly authorized attorney. (b) The County and the Trustee may deem and treat the person in whose name any Bond shall be registered upon the books of registry of the County as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such Holder shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid, and neither the County nor the Trustee shall be affected by any notice to the contrary. Section 3.6. Regulations With Respect to Exchanges and Transfers. In all cases in which the privilege of exchanging Bonds or transferring Bonds is exercised, the County shall execute and deliver or cause to be executed and delivered Bonds in accordance with the provisions of this Bond Resolution. For every such exchange or transfer of Bonds, whether temporary or definitive, the County, the Trustee or the Registrar may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer. The County, the Trustee or the Registrar shall not be obliged to make any such exchange or transfer of the Bonds of any Series during the period preceding an Interest Payment Date on such Bonds specified in the Supplemental Resolution relating to the Bonds of such Series. Section 3.7. Bonds Mutilated, Destroyed, Stolen or Lost. In case any Bond shall become mutilated or be destroyed, stolen or lost, the County, to the extent permitted by the Act, shall execute a new Bond of like interest rate or rates, if any, maturity, principal amount and other terms as the Bond so mutilated, destroyed, stolen or lost. In the case of a mutilated Bond, such new Bonds shall be delivered only upon surrender and cancellation of such mutilated Bond. In the case of Bonds issued in lieu of and in substitution for a Bond which has been destroyed, stolen or lost, such new Bond shall be delivered only upon filing with the Trustee evidence satisfactory to establish to the County and the Trustee that such Bond has been destroyed, stolen or lost and to prove the ownership thereof and upon furnishing the County and the Trustee with indemnity satisfactory to them. The person requesting the delivery of a new Bond pursuant to 2629058.5 038690 RSIND this Section 3.7 shall comply with such other reasonable regulations as the County and the Trustee may prescribe and pay such expenses as the County and the Trustee may incur in connection therewith. All Bonds so surrendered to the Trustee shall be cancelled by it. Evidence of such cancellation shall be given to the County. Section 3.8. Preparation of Definitive Bonds; Temporary Bonds. (a) The definitive Bonds of any Series may be issued in a typewritten form and may be exchangeable for Bonds of such Series in printed form in accordance with the provisions of the Supplemental Resolution authorizing the issuance of the Bonds of such Series. (b) Until definitive Bonds are prepared, the County may execute and deliver, in lieu of definitive Bonds, but subject to the same provisions, limitations and conditions as the definitive Bonds, except as to the denomination thereof and as to exchangeability, one or more temporary Bonds, substantially of the tenor of the definitive Bonds in lieu of which such temporary Bonds are issued, with such omissions, insertions and variations as may be appropriate to temporary Bonds. Upon surrender of such temporary Bonds for exchange and cancellation, the County at its own expense shall prepare and execute and, without charge to the Holder thereof, deliver in exchange therefor, at the principal office or corporate trust office of the Registrar, definitive Bonds of the same aggregate principal amount, Series and maturity as the temporary Bonds surrendered. Until so exchanged, the temporary Bonds shall in all respects be entitled to the same benefits and security as definitive Bonds issued pursuant to this Bond Resolution. (c) All temporary Bonds surrendered in exchange for definitive Bonds shall be forthwith cancelled by the Trustee. Section 3.9. Cancellation and Destruction of Bonds. All Bonds paid or redeemed, either at or before maturity shall be delivered to the Trustee, when such payment or redemption is made, and such Bonds, together with all Bonds purchased by the Trustee, shall thereupon be promptly cancelled. Bonds so cancelled may at any time be destroyed by the Trustee, who shall execute a Certificate of destruction in duplicate by the signature of one of its authorized officers describing the Bonds so destroyed, and one executed Certificate shall be filed with the County and the other executed Certificate shall be retained by the Trustee. Section 3.10. Execution. After their authorization by a Supplemental Resolution, the Bonds of any Series may be executed by or on behalf of the County and delivered to the purchasers thereof. The Bonds shall be executed in the name and on behalf of the County by the manual or facsimile signature of the Chairman or other Authorized Officer of the County designated in any Supplemental Resolution, or in such other manner as may be required or permitted by applicable law. The seal of the County (or a facsimile thereof) shall be thereunto affixed, or imprinted, engraved or otherwise reproduced thereon, and attested by the manual or facsimile signature of the Clerk, or in such other manner as may be required or permitted by applicable law. In case any one or more of the officers or employees who shall have signed or sealed any of the Bonds shall cease to be such officer or employee before the Bonds so signed and sealed shall have been actually delivered, such Bonds may nevertheless be delivered as herein provided, and may be issued as if the person who signed or sealed such Bonds had not ceased to hold such office or be so employed. Any Bond may be signed and sealed on behalf of 16r 2629058.5 038690 RSIND the County by such persons as at the actual time of execution of such Bond of a Series shall be duly authorized or hold the proper office in or employment by the County, although at the date of the Bonds of such Series such persons may not have been so authorized or have held such office or employment. ARTICLE IV APPLICATION OF BOND PROCEEDS AND OTHER AMOUNTS Section 4.1. Application of Bond Proceeds. Except as provided below and unless otherwise provided in the Supplemental Resolution authorizing the issuance of the Bonds of any Series, the net proceeds of sale of any Series of Bonds shall, as soon as practicable upon the delivery of the Bonds by the Trustee pursuant to Section 2.4, be applied as follows: (1) the accrued interest, if any, on the Bonds shall be deposited in the Debt Service Fund; (2) the amount, if any, required to cause the amount on deposit in the Debt Service Reserve Fund for such Series of Bonds to equal the Debt Service Reserve Requirement for such Series of Bonds shall be deposited in the Debt Service Reserve Fund; (3) the amount, if any, to be applied to the refunding of Bonds or other obligations of the County shall be applied as provided in the Supplemental Resolution establishing the issuance of the Refunding Bonds or the issuance of Bonds to refund other obligations of the County; (4) the amount, if any, to be deposited in the Operating Reserve Account in the Operating Fund shall be applied as provided by the applicable Supplemental Resolution; (5) the amount, if any, to be deposited in the Capitalized Interest Account in the Construction Fund shall be applied as provided in the applicable Supplemental Resolution; and (6) the balance remaining after such deposits and payments have been made shall be deposited in the Construction Account in the Construction Fund. Section 4.2. Application of Capitalized Interest Account. The amounts on deposit in the Capitalized Interest Account in the Construction Fund shall be transferred by the County to the Trustee at such times as shall be necessary to provide for the application of such amounts on each Interest Payment Date to the payment of the interest on the Bonds in respect of which such amount was deposited. Section 4.3. Application of Construction Account. (a) The Construction Account in the Construction Fund shall be applied for any of the following purposes: (1) the payment of Costs of Issuance; 17 2629058.5 038690 RSIND (2) the payment of Debt Service on Bonds to the extent that the amount in the Debt Service Fund on any Interest Payment Date is insufficient therefor; and (3) the payment of all Costs of Construction in the manner and subject to the restrictions provided in Section 4.4. (b) Upon the filing with the Director of Budget of a Certificate signed by an Authorized Officer of the County stating that construction of an Expansion has been substantially completed or that such construction or operation of the System has been abandoned in accordance with the conditions set forth in Section 7.13, and setting forth an amount necessary to pay all unpaid Costs of Construction, the Director of Budget shall transfer to the Extension and Replacement Fund all amounts in the Construction Account in the Construction Fund in excess of the amount specified as necessary to pay all unpaid Costs of Construction. Section 4.4. Construction Expenses. Upon the filing from time to time with the Treasurer of requisitions with respect to Costs of Construction signed by an Authorized Officer of the County, stating by general classification the purpose for which each disbursement is to be made and that such work was actually performed or such materials, supplies or equipment actually delivered, installed or fabricated, the Treasurer shall make or cause to be made a disbursement from the Construction Account in the Construction Fund for the payment of such Costs of Construction. Section 4.5. Application of Proceeds of Refunding Bonds. The proceeds of any Refunding Bonds shall be deposited as set forth in Section 4.1 and as further provided in the Supplemental Resolution authorizing such Refunding Bonds. ARTICLE V PLEDGE OF BOND RESOLUTION; FUNDS AND ACCOUNTS Section 5.1. Pledge Effected by Bond Resolution. The Revenues and all amounts held in any Fund or Account, including Investment Securities, are hereby pledged, and the County hereby grants a security interest therein, to the Trustee for the benefit of Bondholders, to secure the payment of Bonds (including the Sinking Fund Payments for the retirement thereof) in accordance with their terms and the provisions of this Bond Resolution subject only to the provisions of this Bond Resolution permitting the application or exercise thereof for or to the purposes and on the terms and conditions herein set forth. The money and property hereby pledged shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act and such lien shall be valid and binding against all parties having claims of any kind in tort, contract or otherwise, irrespective of whether such parties have notice hereof. Notwithstanding anything herein to the contrary, amounts in any account established in the Debt Service Reserve Fund held hereunder shall secure, and be applied solely for the benefit of, the applicable Series of Bonds secured thereby as may be designated in the applicable Supplemental Resolution authorizing such Series of Bonds, and in no event shall any amounts in any account of the Debt Service Reserve Fund be used to pay any Bonds of a Series not so secured thereby. 2629058.5 038690 RSIND Section 5.2. Funds and Accounts. (a) The County hereby establishes and creates the following special trust Funds which for administrative convenience may be subdivided by the Director of Budget or the Trustee into Accounts with appropriate identification: (1) Construction Fund; (2) Revenue Fund; (3) Operating Fund; (4) Debt Service Fund; (5) Debt Service Reserve Fund (and within the Debt Service Reserve Fund, a separate Account for any Series of Bonds to be secured thereby, as may be determined as provided in any Supplemental Resolution); (6) Extension and Replacement Fund; and (7) Redemption Fund. (b) The Debt Service Fund, the Debt Service Reserve Fund and the Redemption Fund shall be held by the Trustee. The Construction Fund, the Revenue Fund, the Operating Fund and the Extension and Replacement Fund shall be held by the Treasurer. All moneys or securities held by the Trustee, the Treasurer or any Depositary pursuant to this Bond Resolution shall be held in trust and applied only in accordance with the provisions of this Bond Resolution. (c) The County for financial accounting purposes may, in accordance with generally accepted accounting principles consistently applied, treat the Funds created and established in subsection (a) of this Section 5.2 as accounts in an enterprise fund. Section 5.3. Construction Fund. (a) There shall be deposited from time to time in the Construction Fund all amounts required to be deposited therein pursuant to Article IV and Article VII and any other amounts available therefor and determined by the County to be deposited therein. (b) Amounts in the Construction Fund shall be expended as provided in Article IV and Section 5.6. Section 5.4. Revenue Fund. (a) The County shall cause all Revenues to be deposited in the Revenue Fund. There shall also be deposited in the Revenue Fund any other amounts required to be deposited therein pursuant to this Bond Resolution. (b) The County shall cause to be paid out of the Revenue Fund all moneys on deposit therein in the following order of priority: (1) FIRST: On or before and as of the first day of each month of each Fiscal Year there shall be transferred to and deposited in the Operating Fund for credit to the Operating Account therein an amount such that (after taking into consideration the amounts then on deposit in the Operating Fund and credited to the Operating Account therein), if the same amount is transferred thereto on the r 19� 2629058.5 038690 RSIND first day of each succeeding month of such Fiscal Year, at the end of such Fiscal Year, there will have been transferred thereto during such Fiscal Year an amount equal to the Operating Expenses set forth in the Operating Budget for such Fiscal Year (as amended). (2) SECOND: By no later than the third Business Day prior to each Interest Payment Date for any Series of Bonds (but only after all deposits and credits required by clause (1) of this Section 5.4(b) shall have been provided for or made), there shall be paid to the Trustee for deposit in the Debt Service Fund an amount equal to, after taking into consideration amounts then on deposit in the Debt Service Fund, the interest to become due on all Outstanding Bonds of such Series on the next succeeding Interest Payment Date for such Bonds. (3) THIRD: By no later than the third Business Day prior to each Principal Payment Date for any Series of Bonds (but only after all deposits and credits required by clauses (1) and (2) of this Section 5.4(b) shall have been provided for or made), there shall be paid to the Trustee for deposit in the Debt Service Fund an amount equal to, after taking into consideration amounts then on deposit in the Debt Service Fund, the Principal Installment to become due on all Outstanding Bonds of such Series on the next succeeding Principal Payment Date for such Bonds. (4) FOURTH: On or before the due date thereof (but only after the deposits and credits required by clauses (1), (2) and (3) of this Section 5.4(b) shall have been provided for or made), there shall be paid to the Bank the amount, if any, then due and payable. (5) FIFTH: On or before and as of the first day of each month of each Fiscal Year (but only after all deposits and credits required by clauses (1), (2) (3) and (4) of this Section 5.4(b) shall have been provided for or made), there shall be paid to the Trustee for deposit in the Debt Service Reserve Fund the amount necessary to cure any deficiency therein with respect to any Bonds of a Series secured thereby as follows: (A) with respect to a deficiency resulting from a withdrawal of funds from the Debt Service Reserve Fund to pay principal of or interest on any Bonds of a Series, an amount equal to one -twelfth (1/12) of the amount necessary to cure such deficiency within one year from the date of occurrence of such withdrawal; and (B) with respect to a deficiency resulting from a semiannual valuation of the Debt Service Reserve Fund as set forth in Section 5.12 hereof, an amount equal to one-sixth (1/6) of the amount necessary to cure such deficiency by the next succeeding semiannual valuation date. (6) SIXTH: On or before and as of the first day of each month of each Fiscal Year (but only after all deposits and credits required by clauses (1), (2), (3), (4) and (5) of this Section 5.4(b) shall have been provided for or made), there shall be transferred to and deposited in the Operating Fund for credit to the Operating Reserve Account therein an amount such that (after taking into consideration amounts then on deposit in the Operating Fund and credited to the 20�x�; 2629058.5 038690 RSIND Operating Reserve Account therein), if the same amount is transferred thereto on the first day of each of the succeeding five months, there will be on deposit in the Operating Fund and credited to the Operating Reserve Account therein an amount equal to one-sixth (1/6) of the Operating Expenses as set forth in the Operating Budget for the then current Fiscal Year. (7) SEVENTH: On and as of the first day of each month of each Fiscal Year (but only after all deposits and credits required by clauses (1), (2), (3), (4), (5) and (6) of this Section 5.4(b) shall have been provided for or made), there shall be transferred to and deposited in the Extension and Replacement Fund any amounts remaining in the Revenue Fund. (c) The deposits and credits required to be made by clauses (1), (6) and (7) of Section 5.4(b) shall be deemed to have been made on or before and as of the first day of a calendar month if such deposits and credits shall have been recorded in the books of record and account kept by the County pursuant to Section 7.6 on or before the tenth (loth) day of such calendar month. Section 5.5. Operating Fund. (a) There are hereby created and established in the Operating Fund an Operating Account and an Operating Reserve Account. (b) (1) There shall be deposited in the Operating Fund for credit to the Operating Account all amounts required to be credited thereto pursuant to Article V of this Bond Resolution and any other amounts available therefor and determined by the County to be credited thereto from time to time. (2) Amounts in the Operating Fund shall be applied to the payment of Operating Expenses consistent with the Operating Budget of the County. In no event shall the aggregate disbursements from the Operating Fund in any Fiscal Year exceed the amount provided therefor in the Operating Budget, as the same may be amended from time to time. (c) (1) There shall be deposited to the Operating Fund for credit to the Operating Reserve Account from the proceeds of any Additional Bonds to the extent provided in the Supplemental Resolution authorizing the issuance of such Additional Bonds, or from any other legally available source, an amount necessary to increase the amount credited thereto to equal one-sixth (1/6) of the Operating Expenses as set forth in the Operating Budget for the then current Fiscal Year. (2) Amounts in the Operating Reserve Account in the Operating Fund may be used at any time and from time to time by the County to pay Operating Expenses to the extent the moneys credited to the Operating Account in the Operating Fund shall be insufficient for such purpose. Section 5.6. Debt Service Fund. (a) The Trustee shall pay out and permit the withdrawal of amounts deposited in the Debt Service Fund as follows: (1) On each Interest Payment Date, the Trustee shall make payment out of the Debt Service Fund to the Holders of the Bonds of the interest due on 21 2629058.5 038690 RSIND the Outstanding Bonds on such date to the extent such interest shall not be paid out of the Capitalized Interest Account in the Construction Fund. (2) Subject to the provisions of this Bond Resolution requiring the application thereof to the payment, purchase or redemption of any particular Bonds, the Trustee shall pay out of the Debt Service Fund to the Holders of the Bonds on each Principal Payment Date the amounts required for the payment of the Principal Installments, Redemption Price or purchase price, due on the Outstanding Bonds on such date. (3) (i) Prior to the forty-fifth (45th) day preceding the due date of each Sinking Fund Payment, any amount accumulated in the Debt Service Fund up to the unsatisfied balance of such Sinking Fund Payment may, and if so directed in writing by the Director of Budget shall, be applied in satisfaction of part or all so such Sinking Fund Payment to the purchase of Bonds of the Series and maturity for which such Sinking Fund Payment was established, at prices (including any brokerage and other charges) not exceeding the Redemption Price for such Bonds when such Bonds are redeemable by application of such Sinking Fund Payment plus unpaid interest accrued to the date of purchase, such purchases to be made in such manner as the Trustee shall determine. (ii) Upon the purchase of any Bond pursuant to subsection (a)(3)(i) of this Section 5.6, an amount equal to the principal amount of the Bond so purchased shall be credited toward the next Sinking Fund Payment thereafter to become due and the amount of any excess of the amounts so credited over the amount of such Sinking Fund Payment shall be credited by the Trustee against future payments in the manner provided in subsection (a)(3)(iv) of this Section 5.6 unless otherwise instructed in writing by the Director of Budget or other Authorized Officer of the County at the time of such purchase or redemption. The portion of any Sinking Fund Payment remaining after the crediting thereto of any such amounts and of any amounts to be credited thereto as provided in subsection (a)(3)(iv) of this Section 5.6 (or the original amount of any such Sinking Fund Payment if no such amounts shall have been credited toward the same) shall constitute the unsatisfied balance of such Sinking Fund Payment for the purpose of calculating Sinking Fund Payments due on a future date. (iii) As soon as practicable after the forty-fifth (45th) day preceding the due date of any Sinking Fund Payment, the Trustee shall proceed to call for redemption pursuant to Section 6.5 on such due date, Bonds of the Series and maturity for which such Sinking Fund Payment was established in such amount as shall be necessary to complete the retirement of a principal amount of the Bonds of such maturity equal to the unsatisfied balance of such Sinking Fund Payment. (iv) The Trustee shall so call such Bonds for redemption whether or not it then has moneys in the Debt Service Fund sufficient to pay the applicable Redemption Price thereof on the Redemption Date. The Trustee shall pay out of 22 2629058.5 038690 RSIND the Debt Service Fund to the Holders of the Bonds on each such Redemption Date the amount required for the redemption of the Bonds so called for redemption. (v) Upon the purchase or redemption of Bonds for which Sinking Fund Payments have been established from amounts in the Debt Service Fund, an amount equal to the principal amount of the Bonds so purchased or redeemed shall be credited toward the next Sinking Fund Payment thereafter to become due. If, however, there shall be filed with the Trustee written instructions of the Director of Budget specifying a different method for crediting Sinking Fund Payments upon any such purchase or redemption of Bonds, then such Sinking Fund Payments shall be credited as shall be provided in such instructions. (vi) Except as otherwise specifically provided herein, the Trustee shall have no obligation to purchase or attempt to purchase Bonds at a price below the Redemption Price, principal amount or at any other price, and any arm's-length purchase by the Trustee shall conclusively be deemed fair and reasonable. (b) In the event that on any Interest Payment Date or Principal Payment Date there is a deficiency in the Debt Service Fund, the amount of such deficiency shall be made up from the following Funds and in the order of priority set forth below: (1) Debt Service Reserve Fund (only with respect to any Series of Bonds secured thereby); (2) Redemption Fund; (3) Revenue Fund; (4) Extension and Replacement Fund; and (5) Construction Fund Section 5.7. Debt Service Reserve Fund. (a) There shall be deposited in the Debt Service Reserve Fund all amounts, if any, to be deposited therein pursuant to Article IV and Article V of this Bond Resolution and any other amounts available therefor and determined by the County to be deposited therein. To the extent provided in the Supplemental Resolution authorizing the issuance of the Bonds of any Series, an amount equal to any Debt Service Reserve Requirement in respect of the Bonds of such Series may be deposited in a segregated account with the Trustee within the Debt Service Reserve Fund established hereunder as may be designated in such Supplemental Resolution and held for the sole benefit of the Holders of the Bonds issued under such Supplemental Resolution. (b) Amounts held in the Debt Service Reserve Fund shall be applied to restore deficiencies in the Debt Service Fund (but only with respect to any Bonds of a Series secured thereby) in accordance with the order of priority for the making up of deficiencies therein as set forth in Section 5.6. (c) In the event that on any Interest Payment Date there is an excess in the Debt Service Reserve Fund over the Debt Service Reserve Requirement, the amount of such excess shall be deposited in the Extension and Replacement Fund. rrr `5- 23 2629058.5 038690 RSIND Section 5.8. Extension and Replacement Fund. (a) There shall be deposited in the Extension and Replacement Fund any amount authorized to be deposited therein pursuant to Article IV, Article V and Article VII of this Bond Resolution and any other amount available therefor and determined by the County to be deposited therein from time to time. (b) Amounts on deposit in the Extension and Replacement Fund shall be (i) used for the purpose of paying the cost of extensions, additions and capital improvements to, or the renewal and replacement of capital assets of, or purchasing and installing new equipment for, the System, or paying any expenses incurred in connection with the operation and management of the System which are not annually recurrent, including extraordinary maintenance and repair, or which are not Operating Expenses, (ii) applied to the repayment of debt incurred in connection with capital improvements to the System or any portions thereof, including repayments of loans made by the Commonwealth, (iii) transferred to the Debt Service Fund to make up any deficiency therein in accordance with the order of priorities set forth in Section 5.6, and (iv) paid to the Trustee for deposit in the Redemption Fund at the direction of the County Administrator, provided that the County Administrator shall determine that the transfer to the Redemption Fund is consistent with the covenant of the County contained in Section 7.13. (c) The Treasurer shall cause to be made disbursements from the Extension and Replacement Fund for the purposes set forth in clauses (i) and (ii) of subsection (b) of this Section 5.8 upon the filing from time to time of requisitions signed by an Authorized Officer of the County. Each requisition shall set forth the purpose for which the disbursement is to be made and shall state that the work has been performed or that materials, supplies or equipment have been delivered, installed or fabricated or that the payment of principal of or interest on a loan is due, as appropriate. Section 5.9. Redemption Fund. (a) There may be paid to the Trustee for deposit in the Redemption Fund any amount authorized to be deposited therein pursuant to Article V and Article VII of this Bond Resolution and any other amount available therefor and determined by the County to be deposited therein from time to time. (b) Amounts on deposit in the Redemption Fund shall be expended by the Trustee at the direction of the Director of Budget or other Authorized Officer of the County for the redemption of Bonds in accordance with the Supplemental Resolution applicable to the Bonds to be redeemed. Amounts on deposit in the Redemption Fund may be transferred by the Trustee, at the direction of the Director of Budget or other Authorized Officer of the County at any time preceding the giving to Bondholders of notice of redemption pursuant to Section 6.5, to any other Fund or Account, including the Debt Service Fund in accordance with Section 5.6, or may be applied to the purchase of Bonds at a purchase price not in excess of the greater of the then applicable Redemption Price (if any) or the principal amount of such Bonds. Section 5.10. Deposits. (a) Any amounts held under this Bond Resolution by the Trustee or any Depositary (except amounts designated in Section 5.2(b) to be held by the Trustee), may, if and as directed by the Director of Budget or other Authorized Officer of the County, be deposited in the commercial banking department of the Trustee or any such Depositary which may honor checks and drafts on such deposit with the same force and effect as if it were not the Trustee or such Depositary. The Trustee or any such Depositary shall allow as 24r; 2629058.5 038690 RSIN a credit on such amounts at least such interest, if any, as it customarily allows upon similar funds of similar size and under similar conditions or as required by law. (b) All amounts deposited with the Trustee or any Depositary pursuant to subsection (a) of this Section 5.10 shall be continuously and fully secured either (i) by lodging with the Trustee or any such Depositary other than the Trustee or Depositary in which the deposit is made, as custodian, as collateral security, Investment Securities having a market value (exclusive of accrued interest) not less than the amount of such deposit, or (ii) in such other manner as may then be required by applicable federal or State laws and regulations regarding security for the deposit of public funds applicable to the County. It shall not be necessary, unless required by applicable law, for the Trustee or Depositary to give security under this Section 5.10 for the deposit of any amounts to the extent that such deposit is insured by the Federal Deposit Insurance Corporation, or its successor. Section 5.11. Investments of Certain Funds. (a) Any Fund or Account held by the County may be invested and reinvested or deposited in Investment Securities having yields and maturities as determined by the Treasurer. (b) Subject to the right of the Treasurer to direct the investment or deposit of funds hereunder, moneys in any Fund or Account held by the Trustee shall be continuously invested and reinvested or deposited and redeposited by the Trustee as directed in writing by the Treasurer. The Treasurer shall consult with the Trustee from time to time as to the investment of amounts in the Funds and Accounts held by the Trustee. The Treasurer may direct the Trustee to invest and reinvest the moneys in all funds and Accounts in Investment Securities so that the maturity date or date of redemption at the option of the holder thereof shall coincide as nearly as practicable with the times at which moneys are needed to be so expended. Unless otherwise provided in a Supplemental Resolution, moneys in the Debt Service Reserve Fund shall not be invested in any Investment Security having a maturity date of longer than ten (10) years. The Investment Securities purchased shall be held by the Trustee and shall be deemed at all times to be part of such Fund or Account, and the Trustee shall keep the Treasurer advised as to the details of all such investments. The Trustee may make any and all such investments through its own investment department or that of its affiliates or subsidiaries, and may charge its ordinary and customary fees for such trades, including cash sweep account fees. The Trustee shall not be liable for losses on investments made in compliance with the provisions of this Bond Resolution. In the absence of investment instructions from the County, the Trustee shall hold moneys held hereunder for which it has not received written investment instructions uninvested until written investment instructions are received. Although the County recognizes that it may obtain a broker confirmation or written statement containing comparable information at no additional cost, the County hereby agrees that confirmations of permitted investments are not required to be issued by the Trustee for each month in which a monthly statement is rendered. No statement need be rendered for any fund or account if no activity occurred in such fund or account during such month. (c) Investment Securities purchased as an investment of moneys in any Fund or Account under the provisions of this Bond Resolution shall be deemed at all times to be a part of 25 v; y tir 2629058.5 038690 RSIND such Fund or Account by the income or interest earned and gains realized in excess of losses suffered by a Fund or Account due to the investment thereof (i) to the extent provided in any Supplemental Resolution providing for the issuance of Bonds, shall be deposited in the Construction Fund for credit to the Construction Account therein up to the date the Certificate referred to in Section 4.3(b) with regard to an Expansion shall be delivered; and (ii) to the extent not otherwise provided pursuant to clause (i) hereof, shall be deposited in the Revenue Fund as Revenues of the System. Section 5.12. Valuation and Sale of Investments. (a) In computing the amount in any Fund or Account other than the Debt Service Reserve Fund, obligations purchased as an investment of Moneys therein shall be valued at the lower of cost or fair market value. Obligations purchased as an investment of moneys in the Debt Service Reserve Fund shall be valued at their fair market value. The amounts in each Fund and Account created and established under this Bond Resolution shall be valued semiannually on the last day of the second fiscal quarter of each Fiscal Year and on the last day of each Fiscal Year, and at such other times as shall be deemed to be necessary or appropriate by the Trustee or the County. (b) Except as otherwise provided herein, the Trustee shall sell at the best price obtainable, or present for redemption, any Investment Security whenever it shall be required in writing by the Treasurer to do so or whenever is shall be necessary in order to provide moneys to meet any payment or transfer from any Fund or Account held by it, and the Treasurer shall sell at the best price obtainable, or present for redemption, any Investment Security whenever it shall be necessary in order to provide moneys to meet any payment or transfer from any Fund or Account held by the County. An Investment Security may be credited on a pro -rata basis to more than one Fund or Account and need not be sold in order to provide for the transfer of amounts from one Fund or Account to another. ARTICLE VI REDEMPTION OF BONDS Section 6.1. Privilege of Redemption and Redemption Price. Bonds subject to redemption prior to maturity shall be redeemable, upon notice as provided in this Article VI, at such times, at such Redemption Prices and upon such other terms as may be specified in this Bond Resolution or in the applicable Supplemental Resolution authorizing the issuance of such Bonds. Section 6.2. Redemption at the Election or Direction of the County. In the case of any redemption of Bonds otherwise than as provided in Section 6.3, the County shall give written notice to the Trustee of its election or direction so to redeem, on the Redemption Date, the principal amounts of the Bonds of such Series and maturities to be redeemed (which Redemption Date, Series, maturities and principal amounts thereof to be redeemed shall be determined by the County in its sole discretion, subject to any limitations with respect thereto contained in or permitted by this Bond Resolution or the applicable Supplemental Resolution authorizing the issuance of Bonds) and of any moneys to be applied to the payment of the Redemption Price. Such notice shall be given at least ten (10) days prior to the last permissible date for giving notice of redemption to Bondholders or such later date as shall be acceptable to the Trustee. In 26: 2629058.5 038690 RSIND the event notice of redemption shall have been given as provided in Section 6.5, the County shall, prior to the Redemption Date, pay or cause to be paid to the Trustee an amount which, in addition to other moneys, if any, available therefor, will be sufficient to redeem on the Redemption Date at the Redemption Price thereof all the Bonds to be redeemed. Section 6.3. Redemption Otherwise Than at County's Election or Direction. Whenever by the terms of this Bond Resolution or any Supplemental Resolution the Trustee is required to redeem Bonds otherwise than at the election or direction of the County, and subject to and in accordance with the terms of this Article VI and, to the extent applicable, Article V, the Trustee shall select the Redemption Date of the Bonds to be redeemed, give the notice of redemption and pay the Redemption Price to the Holders of the Bonds. Section 6.4. Selection of Bonds to Be Redeemed. In the event of redemption of less than all the Outstanding Bonds of like Series and maturity, the Trustee shall assign to each such Outstanding Bond a distinctive number for each $5,000 (or other authorized denomination) of the principal amount thereof so as to distinguish each such $5,000 (or other authorized denomination) from each other portion of the Bonds subject to such redemption. The Trustee shall select by lot, using such method of selection as it shall deem proper in its sole discretion, from the numbers assigned to such Bonds, as many numbers as, at $5,000 (or any other authorized denomination) for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; but only so much of the principal amount of each such Bond of a denomination of more than $5,000 (or other authorized denomination) shall be redeemed as shall equal $5,000 (or other authorized denomination) for each number assigned to it and so selected. For the purposes of this Section 6.4, Bonds which have theretofore been selected by lot for redemption shall not be deemed Outstanding. Section 6.5. Notice of Redem tp ion. When the Trustee shall receive notice from the County of its election or direction to redeem Bonds pursuant to Section 6.2 and when redemption of Bonds is required by this Bond Resolution or any Supplemental Resolution pursuant to Section 6.3, the Trustee shall give notice, in the name of the County, of the redemption of such Bonds. Such notice shall specify the Series and maturities of the Bonds to be redeemed, the Redemption Date and the place or places where amounts due upon such redemption will be payable and, if less than all the Bonds of any like maturity are to be redeemed, the letters and number or other distinguishing marks of such Bonds to be redeemed and, in the case of Bonds to be redeemed in part only, such notice shall also specify the respective portions of the principal amount thereof to be redeemed. Such notice shall further state that on such date there shall become due and payable upon each Bond to be redeemed the Redemption Price thereof, or the Redemption Price of the specified portions of the principal thereof in the case of Bonds to be redeemed in part only, together with interest accrued to the Redemption Date, and that from and after such date interest thereon shall cease to accrue and be payable. Such notice shall be given by mailing a copy of such notice postage prepaid, to the holders of any Bonds or portions of Bonds which are to be redeemed, at their last addresses appearing on the registration books of the County maintained by the Registrar. Except to the extent otherwise provided in the Supplemental Resolution authorizing the issuance of the Bonds of any Series, such notice shall be given not less than thirty (30) nor more than sixty (60) days prior to the date fixed for the redemption of the Bonds or portions of Bonds which are to be redeemed, and may state that it is 27 2629058.5 038690 RSIND conditioned on sufficient funds being available on the redemption date to pay the redemption price of the Bonds so called for redemption. In addition, further notice of any redemption of Bonds shall be given by the Trustee, concurrently with the notice to holders, by publication on the Electronic Municipal Market Access website (http: /lemma. msrb. or or, in accordance with then -current guidelines of the United States Securities and Exchange Commission, to such other addresses and/or such other services, as the County may designate in writing to the Trustee. Failure to give all or any portion of such further notice shall not in any manner defeat the effectiveness of a call for redemption if notice thereof is given to the holders as required by this Section 6.5. Section 6.6. Payment of Redeemed Bonds; Effect of Redemption. Notice having been given in the manner provided in Section 6.5, the Bonds or portions thereof so called for redemption shall become due and payable on the Redemption Date so designated at the Redemption Price, plus interest accrued and unpaid to the Redemption Date, and, upon presentation and surrender thereof at the office specified in such notice, such Bonds, or portions thereof, shall be paid at the Redemption Price plus interest accrued and unpaid to the Redemption Date. If there shall be drawn for redemption less than the entire principal amount of a Bond, the County shall execute and deliver, or cause to be executed and delivered upon the surrender of such Bond, without charge to the Holder thereof, for the unredeemed balance of the principal amount of the Bond so surrendered, Bonds of like Series and maturity in any of the authorized denominations. If, on the Redemption Date, moneys for the redemption of all the Bonds or portions thereof of any like Series and maturity to be redeemed, together with interest to the Redemption Date, shall be held by the Trustee so as to be available therefor on such date and if notice of redemption shall have been published as aforesaid, then, from and after the Redemption Date interest on the Bonds or portions thereof of such Series and maturities so called for redemption shall cease to accrue and become payable. If such moneys shall not be so available on the Redemption Date, such Bonds or portions thereof shall continue to bear interest until paid at the same rate as they would have borne had they not been called for redemption. ARTICLE VII PARTICULAR COVENANTS The County covenants and agrees with the Trustee and the Holders of the Bonds as follows: Section 7.1. Payment of Bonds. The County shall duly and punctually pay or cause to be paid, as herein provided, the principal or Redemption Price of every Bond and the interest thereon, at the dates and places and in the manner stated in the Bonds, according to the true intent and meaning thereof and shall duly and punctually pay or cause to be paid all Sinking Fund Payments, if any, becoming payable with respect to any of the Bonds. Section 7.2. Extension of Payment of Bonds. The County shall not directly or indirectly extend or assent to the extension of the maturity of any of the Bonds or the time of payment of any claims for interest on the Bonds. Nothing herein shall be deemed to limit the right of the County to issue Refunding Bonds and such issuance shall not be deemed to constitute an extension of maturity of the Bonds. 2629058.5 038690 RSIND Section 7.3. Appointment of Registrar. The County shall at all times maintain at the principal or corporate trust office of the Trustee an office or agency where notices, presentations and demands upon County in respect of the Bonds or of this Bond Resolution may be served. The Trustee is hereby appointed as Registrar for the Bonds and shall maintain at its principal or corporate trust office an office or offices where Bonds may be presented for registration, transfer or exchange. Section 7.4. Power to Issue Bonds and Pledge. The County is duly authorized under the Act to authorize and issue the Bonds and to enter into, execute and deliver this Bond Resolution and to pledge the Revenues and assets purported to be pledged hereby in the manner and to the extent herein provided. The Bonds and the provisions of this Bond Resolution are and will be the valid and legally enforceable obligations of the County in accordance with the terms of the Bonds and of this Bond Resolution. The County shall at all times, to the extent permitted by law, defend, preserve and protect the pledge of such Revenues and other assets pledged under this Bond Resolution and all the rights of the Bondholders under this Bond Resolution against all claims and demands of all persons whomsoever. Section 7.5. Further Assurance. At any and all times the County shall, so far as it may be authorized by law, pass, make, execute, acknowledge and deliver, all and every such further resolutions, acts, deeds, conveyances, assignments, transfers and assurances as may be necessary or desirable for the better assuring, conveying, granting, pledging, assigning and confirming all and singular of the rights, Revenues and assets hereby pledged or assigned, or intended so to be, or which the County may become bound to pledge or assign. Section 7.6. Accounts and Reports. (a) The County shall, in accordance with generally accepted accounting principles for enterprise funds and the provisions of Section 5.2(c) of this Bond Resolution, keep, or cause to be kept, proper books of record and account in which complete and accurate entries shall be made relating to the System, which shall at all reasonable times be subject to the inspection of the Trustee. (b) The County may, in its discretion, employ a firm of consulting engineers on an annual basis to inspect the operation and maintenance of the System and to review the performance by the County of the duties relating thereto provided for in this Bond Resolution. The County may, in its discretion, cause the consulting engineers to file a report of their inspection with the Trustee sixty (60) days after the close of the Fiscal Year. Section 7.7. Operating Budgets. (a) The County shall adopt an Operating Budget including provision for the operation and maintenance of the System and payment of the Debt Service related to the Bonds for each Fiscal Year not later than the first day of such Fiscal Year. Such Operating Budget need not necessarily be the budget prepared by the County for County budgeting purposes. The Operating Budget shall set forth for such Fiscal Year the estimated Revenues, the Principal Installments of and interest on the Bonds due and payable or estimated to become due and payable during such Fiscal Year and estimated Operating Expenses for such Fiscal Year. The County may at any time adopt an amended Operating Budget for the remainder of the then current Fiscal Year in the manner provided in this Bond Resolution for the adoption of the Operating Budget, provided that such amended Operating Budget does not cause the County to fail to satisfy the Rate Covenant as required by Section 7.8(a). In the event the County 29 2629058.5 038690 RSIND shall not adopt an Operating Budget for a Fiscal Year on or before the first day of such Fiscal Year, the Operating Budget for the preceding Fiscal Year shall be deemed to have been adopted and be in effect for such Fiscal Year until the Operating Budget for such Fiscal Year shall have ZD been adopted as above provided. (b) The County shall not expend for Operating Expenses in any Fiscal Year in excess of the reasonable or necessary amount thereof, and shall not expend any amount or incur any indebtedness for Operating Expenses for such year in excess of the amount provided therefor in the Operating Budget as originally prepared or as amended. Section 7.8. Rate Covenant. (a) Prior to the commencement of each Fiscal Year the County shall fix, establish and maintain or cause to be fixed, established and maintained such rates and charges for the provision and sale of water and sewer services, and revise or cause to be revised the same from time to time whenever necessary (including without limitation upon any amendment of the Operating Budget), as will produce Revenues (including Revenues to be derived from interest or other investment income earned in any Fund or Account which is required to be deposited into the Revenue Fund) in such Fiscal Year of not less than the total of (i) the Operating Expenses budgeted for such Fiscal Year (as revised upon any amendment of the Operating Budget), and (ii) 115% of (1.15 times) the Debt Service to become due during such Fiscal Year. (b) In satisfying the covenant contained in subsection (a) of this Section 7.8 there shall be deducted from the calculation of Debt Service any interest payments on the Bonds of any Series for which moneys have been deposited in the Debt Service Fund from the proceeds of such Bonds as accrued interest or deposited in the Capitalized Interest Account in the Construction Fund as capitalized interest. (c) If at any time the actual Revenues for the immediately preceding twelve (12) months shall be less than the total of (i) the actual Operating Expenses for such twelve (12) month period, and (ii) 115% of (1.15 times) the actual Debt Service for such twelve (12) month period, the County shall immediately retain a Consultant to advise it as to the actions, including rate increases, necessary to comply with the rate covenant set forth in subsection (a) of this Section 7.8 and, within ninety (90) days after retaining the Consultant, the County shall file or cause to be filed with the Trustee a special report of the Consultant as to its recommendations and the actions being taken by the County to cure its failure to comply with such rate covenant. (d) The rates and charges established by the County from time to time for the services provided by the System shall be uniform within each class of customers. Section 7.9. Collection of Revenues. The County shall collect and deposit or cause to be collected and deposited in the Revenue Fund all amounts paid pursuant to customer contracts or any other contracts regarding the provision and sale of water and sewer services. The County will enforce or cause to be enforced all covenants, conditions, restrictions and provisions of such contracts and may consent to the modifications of such contracts only so long as the rate covenant described in Section 7.8(a) remains satisfied. k✓ v` �'-1 30 2629058.5 038690 RSIND Section 7. 10. Consultant's Report. (a) The County may, in its discretion, retain a consultant and may direct the Consultant, prior to the time fixed by the County for the filing of its Operating Budget for any Fiscal Year, to submit a report to the County addressed to the Board and the Director of Budget showing for the current Fiscal Year the Revenues received, Debt Service and Operating Expenses and indicating any increase required in such Revenues for the next succeeding Fiscal Year in order to satisfy the covenant set forth in Section 7.8(a) on the basis of scheduled Debt Service and projected Operating Expenses for the next succeeding Fiscal Year. (b) The County may, in its discretion, direct the Consultant, prior to the time fixed by the County for the filing of its Operating Budget for any Fiscal Year, to submit a report to the County addressed to the Board and the Director of Budget setting forth the recommendations of the Consultant for the revision of rates and charges in order for the County to comply with its covenant set forth in Section 7.8(a). Section 7.11. Issuance of Additional Obligations. (a) The County will not issue any other obligations, except upon the conditions and in the manner provided in this Bond Resolution, payable from the Revenues derived from the operation of the System, nor voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance or any other charge having priority to or being on a parity with the lien of the Bonds issued pursuant to this Bond Resolution. (b) No Bonds shall be issued unless either: (1) the Revenues for any twelve (12) consecutive months in the eighteen (18) calendar months immediately preceding the delivery of the Series of Bonds to be issued, adjusted in the manner hereinafter provided, are at least equal to the sum of (i) the Operating Expenses for such twelve (12) month period; and (ii) 120% of (1.2 times) the maximum Debt Service/Additional Bonds to occur in any future Fiscal Year. If the County has caused to be increased rates and charges for the provision and sale of water and sewer services, or other services of the System, a firm of engineers, accountants or consultants selected by the Director of Budget with the approval of the County may be instructed to prepare a pro forma analysis of Revenues for the preceding eighteen (18) months giving effect to the increases, and such analysis may be used for purposes of satisfying the Additional Bonds test set forth in this clause (1); or (2) (A) the Revenues for the Fiscal Year immediately preceding the delivery of the Series of Bonds to be issued shall have been at least equal for such Fiscal Year to the sum of (i) the Operating Expenses; and (ii) 120% of (1.2 times) the Debt Service for such Fiscal Year; and (B) the Revenues, as projected by a recognized feasibility consultant in the field of water and sewer financing, (a) during the period beginning on the first day of the Fiscal Year in which the Series of Bonds to be issued are to be delivered and ending on the last day the Fiscal Year in which the Expansion to be financed from the proceeds of such Series of Bonds is expected to be completed, 31 `3 2629058.5 038690 RSIND shall be at least equal to the sum of (i) the Operating Expenses projected for such period, and (ii) 130% of (1.3 times) the Debt Service/Additional Bonds projected for such period; and (b) for each of the two (2) Fiscal Years following the Fiscal Year in which the Expansion is expected to be completed, shall be equal to the sum of (i) the Operating Expenses projected for such period, and (ii) 130% of (1.3 times) the maximum Debt Service/Additional Bonds to occur in any future Fiscal Year; or (3) with respect to refunding Bonds, the provisions of Section 2.5 of this Bond Resolution shall have been satisfied. Section 7.12. Tax Covenants. (a) The County shall not permit at any time or times any of the proceeds of the Bonds or any other funds of the County to be used, directly or indirectly, to acquire any securities or obligations the acquisition of which would cause any Bond to be an "arbitrage bond" as defined in Section 103(c) (2) of the Code. (b) The County shall take no action the effect of which shall be to cause any Bond the interest on which at the time of its issuance was exempt from federal income taxation to become subject to federal income taxation. Section 7.13. Construction and Maintenance of System. (a) The County shall complete or cause to be completed construction of any Expansion or any portion thereof in an economical and efficient manner with all practicable dispatch and thereafter shall maintain or cause to be maintained the System in good condition and shall continuously operate or cause to be operated the same in an efficient manner and at a reasonable cost as a municipal revenue producing enterprise. The County may terminate construction of an Expansion or operation of the System upon the filing with the Trustee of (1) a Certificate signed by an Authorized Officer of the County stating that the abandonment of construction and operation is economically justified and shall not prejudice the interest of the Bondholders and (2) an opinion of Bond Counsel to the County stating that the abandonment of construction and operation shall not materially prejudice the benefits, rights or privileges of the Bondholders or the County. (b) The County shall operate, manage and maintain the System as a "project" as that term is defined in the Act. Section 7.14. Insurance. (a) The County shall maintain or cause to be maintained such insurance coverage as is reasonable under the circumstances now in existence to insure the System against any physical loss or damage and to insure against injury to persons or damage to property which may reasonably occur in the operation of the System, with such revisions, insertions and omissions necessitated by the transfer of ownership of the Existing System and construction of any Expansion. The County may, at its option and to the extent allowed by the law and not provided by other policies of the County, provide for self-insurance or carry or cause to be carried such other insurance with a reputable insurance carrier or carriers, such as is maintained or carried by private corporations owning or operating similar utilities as the System, including: (1) public liability insurance against loss or damage by fire, explosion, hurricane, earthquake, cyclone, occupancy or other hazards and risks, (2) comprehensive general public liability insurance and automobile liability insurance to insure against injury to persons or 32 2629058.5 038690 RSIND damage to property which may reasonably occur in the operation of the System, (3) workers' compensation and employers' liability insurance and (4) business interruption insurance. In the event that the County shall designate an agent to supervise construction of the System or any portion thereof, the County shall cause such agent to carry workers' compensation coverage as required by the laws of the State, employers' liability, general liability, automobile liability, and, if required by the County, professional liability and pollution liability, with limits in such amounts as determined by the County's Director of Risk Management based upon the scope of the work to be performed by such agent. Such property loss and damage insurance shall at all times be in an amount sufficient to indemnify for loss of the System and of the Revenues to the extent that such insurance is obtainable. In the time of war, the County shall also carry or cause to be carried in such amount such insurance as may be reasonably available against loss or damage by sabotage and the risks and hazards of war. The proceeds of the insurance described in this subsection (a) shall be deposited into the Extension and Replacement Fund. (b) During the construction of any Expansion, the County shall maintain or cause to be maintained on its behalf naming it as co-insured or for its benefit such builder's risk insurance respecting the Expansion or portions thereof as is customarily carried by owners or builders of utilities similar to the System. Proceeds of such insurance shall be deposited in the Construction Fund. (c) In all cases, the County's Risk Manager shall be the sole arbiter of the reasonableness of the insurance to be maintained by the County under this Section 7.14. Section 7.15. Sale of the System. (a) The System may be sold, leased or otherwise disposed of to another political subdivision or public agency of the State authorized by law to own and operate such systems only if such political subdivision assumes all the obligations of the County under this Bond Resolution and there is filed with the Trustee a report prepared by an independent consultant satisfactory to the Trustee showing that there is no material adverse effect on the ability of the System to produce Revenues to satisfy the rate covenant contained in Section 7.8. (b) The System may be sold, leased or otherwise disposed of to a private utility only as a whole or substantially as a whole, and only if the net proceeds to be realized shall be sufficient to discharge the lien of the Bondholders as provided in Section 12.1. (c) The County shall have and hereby reserves the right to sell, lease or otherwise dispose of any of the property comprising a part of the System hereafter determined in the manner provided herein to be no longer necessary, useful or profitable in the operation thereof. Prior to any such sale, lease or other disposition of such property, an Authorized Officer of the County shall make a finding in writing determining that such property comprising a part of the System is no longer necessary, useful or profitable in the operation thereof, and such finding shall be approved by resolution of the Board if the amount to be received therefor is in excess of $100,000. All proceeds derived from the sale, lease or other disposition of any property comprising a part of the System as provided above shall be deposited by the County in the Extension and Replacement Fund or the Redemption Fund as shall be determined by the Director of Budget. 2629058.5 038690 RSIND Section 7.16. Compliance With Conditions Precedent. Upon the date of issuance of any of the Bonds, all conditions, acts and things required by law or by this Bond Resolution to exist, to have happened or to have been performed precedent to or in the issuance of such Bonds shall exist, have happened and have been performed and such Bonds, together with all other indebtedness of the County, shall be within every debt and other limit prescribed by law. Section 7.17. General. The County shall do and perform or cause to be done and performed all acts and things required to be done or performed by or on behalf of the County under the provisions of this Bond Resolution in accordance with the terms of such provisions. Section 7.18. Continuing Disclosure. The County covenants with the holders of the Bonds that it will take all action necessary or appropriate to comply with and carry out all of the provisions of Rule 15c2-12 promulgated by the United States Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934 (the "Rule") as the same may be amended from time to time, to the extent applicable to any Bonds Outstanding hereunder. Notwithstanding any other provision of this Bond Resolution, failure of the County to comply with the requirements of the Rule shall not constitute an Event of Default hereunder and the sole remedies of the holders upon any such failure to comply with the Rule shall be as set forth in the applicable continuing disclosure undertakings of the County relating to the Bonds. ARTICLE VIII SUPPLEMENTAL RESOLUTIONS Section 8.1. Supplemental Resolutions Effective Upon Filing With the Trustee. For any one or more of the following purposes and at any time or from time to time, a Supplemental Resolution of the County may be adopted, which, upon the filing with the Trustee of a copy thereof certified by the Clerk or an Authorized Officer of the County, shall be fully effective in accordance with its terms: (1) to close this Bond Resolution against, or provide limitations and restrictions in addition to the limitations and restrictions contained in this Bond Resolution, on the delivery of Bonds or the issuance of other evidences of indebtedness; (2) to add to the covenants and agreements of the County in this Bond Resolution other covenants and agreements to be observed by the County which are not contrary to or inconsistent with this Bond Resolution as theretofore in effect; (3) to add to the limitations and restrictions in this Bond Resolution and other limitations and restrictions to be observed by the County which are not contrary to or inconsistent with this Bond Resolution as thereupon in effect; (4) to surrender any right, power or privilege reserved to or conferred upon the County by the terms of this Bond Resolution, but only if the surrender of such right, power or privilege is not contrary to or inconsistent with the covenants and agreements of the County contained in this Bond Resolution; 34 2629058.5 038690 RSIND (5) to confirm, as further assurance, any pledge under, and the subjection to any lien or pledge created or to be created by, this Bond Resolution of the Revenues or of any other revenues or assets; (6) to modify any of the provisions of this Bond Resolution in any respect whatsoever, but only if (i) such modification shall be, and be expressed to be, effective only after all Bonds Outstanding at the date of the adoption of such Supplemental Resolution shall cease to be Outstanding, and (ii) such Supplemental Resolution shall be specifically referred to in the text of all Bonds delivered after the date of the adoption of such Supplemental Resolution and of Bonds issued in exchange therefor or in place thereof; (7) to authorize the issuance of additional Series of Bonds and to prescribe the terms and conditions upon which such Bonds may be issued; (8) to increase the Debt Service Reserve Requirement by removing the reference to the Code to the extent there is a change in such law or regulations permitting the removal of the limitation; or (9) to provide for the issuance of Bonds in such form as permitted by Section 3.1 and to make such other provisions as are necessary to provide for Bonds issued in such form. Section 8.2. Supplemental Resolutions Effective Upon Consent of Trustee. (a) For any one or more of the following purposes and at any time or from time to time, a Supplemental Resolution may be adopted, which upon (i) the filing with the Trustee of a copy thereof certified by the Clerk or an Authorized Officer of the County, and (ii) the filing with the Trustee and the County of an instrument in writing made by the Trustee consenting thereto, shall be fully effective in accordance with its terms: (1) to cure any ambiguity, supply any omission, or cure or correct any defect or inconsistent provision in this Bond Resolution; or (2) to insert such provisions clarifying matters or questions arising under this Bond Resolution as are necessary or desirable and are not contrary to or inconsistent with this Bond Resolution as theretofore in effect. (b) Any such Supplemental Resolution may also contain one or more of the purposes specified in Section 8.1 and, in that event, the consent of the Trustee required by this Section 8.2 shall be applicable only to those provisions of such Supplemental Resolution as shall contain one or more of the purposes set forth in subsection (a) of this Section 8.2. Section 8.3. Supplemental Resolutions Effective Upon Consent of Bondholders. At any time or from time to time, a Supplemental Resolution may be adopted subject to consent by Bondholders in accordance with and subject to the provisions of Article IX. Any such Supplemental Resolution shall become fully effective in accordance with its terms upon the filing with the Trustee of a copy thereof certified by the Clerk or by an Authorized Officer of the County and upon compliance with the provisions of Article IX. 35 2629058.5 038690 RSIND Section 8.4. General Provisions. (a) This Bond Resolution shall not be modified or amended in any respect except as provided in and in accordance with and subject to the provisions of this Article VIII and Article IX, nothing contained in this Article VIII or Article IX shall affect or limit the right or obligation of the County to adopt, make, do, execute, acknowledge or deliver any resolution, act or other instrument pursuant to the provisions of Section 7.5 or the right or obligation of the County to execute and deliver to the Trustee any instrument which is to be delivered to the Trustee pursuant to this Bond Resolution. (b) Any Supplemental Resolution permitted or authorized by Section 8.1 or 8.2 may be adopted by the County without the consent of any of the Bondholders, but shall become effective only on the conditions, to the extent and at the time provided in such Sections, respectively. The copy of every Supplemental Resolution filed with the Trustee shall be accompanied by a Bond Counsel's Opinion stating that such Supplemental Resolution has been duly and lawfully adopted in accordance with the provisions of this Bond Resolution, is authorized or permitted by this Bond Resolution, and is valid and binding upon the County. (c) The Trustee is hereby authorized to accept the delivery of a certified copy of any Supplemental Resolution referred to and permitted or authorized by Section 8.1, 8.2 or 8.3 and to make all further agreements and stipulations which may be therein contained, and the Trustee, in taking such action, shall be fully protected in relying on an opinion of counsel (which may be a Bond Counsel's Opinion) that such Supplemental Resolution is authorized or permitted by the provisions of this Bond Resolution. (d) No Supplemental Resolution shall change or modify any of the rights or obligations of the Trustee without its written consent thereto. ARTICLE IX AMENDMENTS Section 9.1. Mailing of Notice of Amendment. Any provision in this Article IX for the mailing of a notice or other paper to Bondholders shall be fully complied with if it is mailed postage prepaid (i) to each Holder of Bonds Outstanding at the address, if any, appearing upon the registration books of the County maintained by the Registrar, and (ii) to the Trustee. Section 9.2. Powers of Amendment. (a) Any modification of or amendment to this Bond Resolution and of the rights and obligations of the County and of the Holders of the Bonds hereunder, in any particular, may be made by a Supplemental Resolution, but only, in the event such Supplemental Resolution shall be adopted pursuant to Section 8.3, with the written consent given, as provided in Section 9.3, (i) of the Holders of at least two-thirds in principal amount of the Bonds Outstanding at the time such consent is given, (ii) in case less than all of the several Series of Bonds Outstanding are affected by the modification or amendment, of the Holders of at least two-thirds in principal amount of the Bonds of each Series so affected and Outstanding at the time such consent is given, and (iii) in case less than all the maturities of a Series of Bonds are affected by the modification or amendment, of the Holders of at least two-thirds in principal amount of the Bonds of each maturity so affected and Outstanding at the time such consent is given. If any such modification or amendment will not take effect until Bonds of any specified 36 2629058.5 038690 RSIND maturity shall no longer remain Outstanding, the consent of the Holders of such Bonds shall not be required and such Bonds shall not be deemed to be Outstanding for the purpose of any calculation of Outstanding Bonds under this Section 9.2. (b) No such modification or amendment shall permit a change in the terms of redemption or maturity of the principal of any Outstanding Bond or of any installment of interest thereon without the consent of the Holder of such Bond, or shall reduce the percentages or otherwise affect the classes of Bonds, the consent of the Holders of which is required to effect any such modification or amendment, or shall change or modify any of the rights or obligations of the Trustee without its written consent thereto. For the purposes of this Section 9.2, a Series shall be deemed to be affected by a modification or amendment of this Bond Resolution if the same adversely affects or diminishes the rights of the Holders of Bonds of such Series. The Trustee may determine whether or not Bonds of any particular Series or maturity would be affected by any modification or amendment made in accordance with the foregoing powers of amendment. Any such determination shall be binding and conclusive on the County and all Holders of Bonds. Section 9.3. Consent of Bondholders. (a) A copy of any Supplemental Resolution making a modification or amendment which is not permitted by the provisions of Section 8.1 or 8.2 (or brief summary thereof or reference thereto in form approved by the Trustee), together with a request to Bondholders for their consent thereto in form satisfactory to the Trustee, shall be mailed by the County to any Holder of Bonds. Such Supplemental Resolution shall not be effective unless and until (i) there shall have been filed with the Trustee (a) the written consents or other evidence satisfactory to the Trustee of the consent of Holders of the percentages of Outstanding Bonds specified in Section 9.2 and (b) a Bond Counsel's Opinion stating that such Supplemental Resolution has been duly and lawfully adopted by the County in accordance with the provisions of this Bond Resolution, is authorized or permitted hereby and is valid and binding upon the County and (ii) a notice shall have been mailed as hereinafter provided in this Section 9.3. (b) The consent of a Bondholder to any modification or amendment shall be effective only if accompanied by proof of the ownership, at the date of such consent, of the Bonds with respect to which such consent is given, which proof shall be such as is permitted by Section 11.13. A Certificate of the Trustee filed with the Trustee stating that it has examined such proof and that such proof is in accordance with such Section 11.13 shall be conclusive evidence that the consents have been given by the Holders of the Bonds described in such Certificate of the Trustee. Any such consent shall be binding upon the Holder of the Bonds giving such consent and upon any subsequent Holder of such Bonds and of any Bonds issued in exchange therefor (whether or not such subsequent Holder thereof has notice thereof) unless such consent is revoked in writing by the Holder of such Bonds giving such consent or a subsequent Holder thereof by filing with the Trustee, prior to the time when the written statement of the Trustee hereinafter provided for in this Section 9.3 is filed, such revocation and, if such Bonds are transferable by delivery, proof that such Bonds are held by the signer of such revocation in the manner permitted by Section 11.13. The fact that a consent has not been revoked may likewise be proved by a Certificate of the Trustee filed with the Trustee to the effect that no revocation thereof is on file with the Trustee. 37 2629058.5 038690 RSIND (c) At any time after the Holders of the required percentages of Bonds shall have filed their consents to the Supplemental Resolution, the Trustee shall make and file with the County and the Trustee a written statement that the Holders of such required percentages of Bonds have filed such consents. Such written statements shall be conclusive that such consents have been so filed. Not more than thirty (30) days after the Holders of the required percentages of Bonds shall have filed their consents to the Supplemental Resolution and the written statement of the Trustee hereinabove provided for is filed, notice, stating in substance that the Supplemental Resolution (which may be referred to as a Supplemental Resolution adopted by the County on a stated date, a copy of which is on file with the Trustee) has been consented to by the Holders of the required percentages of Bonds and will be effective as provided in this Section 9.3, shall be given to the Bondholders by the County by mailing such notice to the Bondholders and may be given, at the discretion of the Trustee. The County shall file with the Trustee proof of the mailing of such notice and, if the same shall have been published, of the publication thereof. A record, consisting of the papers required or permitted by this Section 9.3 to be filed with the Trustee, shall be proof of the matters therein stated. Such Supplemental Resolution making such amendment or modification shall be deemed conclusively binding upon the County, the Trustee and Holders of all Bonds after the filing with the Trustee of the proof of the mailing of the notice of such consent. Section 9.4. Modifications by Unanimous Consent. The terms and provisions of this Bond Resolution and the rights and obligations of the County and of the Holders of the Bonds hereunder may be modified or amended in any respect upon the adoption and filing by the County of a Supplemental Resolution and the consent of the Holders of all the Bonds Outstanding, such consent to be given as provided in Section 9.3, but no such modification or amendment shall change or modify any of the rights or obligations of the Trustee without the filing with the Trustee of the written consent thereto of the Trustee in addition to the consent of the Bondholders. No notice of any such modification or amendment to Bondholders either by mailing or publication shall be required. Section 9.5. Exclusion of Bonds. Bonds owned or held by or for the account of the County shall not be deemed Outstanding for the purpose of consent or other action or any calculation of Outstanding Bonds provided for in this Article IX, and the County shall not be entitled with respect to such Bonds to give any consent or take any other action provided for in this Article IX. At the time of any consent or other action taken under this Article IX, the County shall furnish to the Trustee a Certificate of an Authorized Officer of the County, upon which the Trustee may rely, describing all Bonds so to be excluded. Section 9.6. Notation on Bonds. Bonds delivered after the effective date of any action taken as provided in Article VIII or this Article IX may, and if the Trustee so determines shall, bear a notation, by endorsement or otherwise in a form approved by the County and the Trustee, as to such action. Upon any transfer or exchange of any Bond Outstanding at such effective date or upon demand of the Holder of any Bond Outstanding at such effective date and presentation of such Bond, the Trustee shall make suitable notation as to such action on such Bond or upon any Bond issued upon any such transfer or exchange. If the County or the Trustee shall so determine, new Bonds modified to conform to such action in the opinion of the Trustee and the County shall be prepared, executed and delivered, and upon demand of the Holder of any Bond N--,— , ® 3 8 2629058.5 038690 RSIND Outstanding shall be exchanged, without cost to such Bondholder, upon surrender of such Outstanding Bond. ARTICLE X DEFAULTS AND REMEDIES Section 10.1. Events of Default. Each of the following events is hereby declared an "Event of Default": (1) failure to make payment of the principal or Redemption Price, if any, of any Bond when and as the same shall become due, whether at maturity or upon call for redemption or otherwise; or (2) failure to make payment of any installment of interest on any of the Bonds when and as the same shall become due; or (3) failure or refusal by the County to comply with the provisions of this Bond Resolution, or default by the County in the performance or observance of any of the covenants, agreements or conditions on its part contained herein, in any Supplemental Resolution or in the Bonds (other than a failure or refusal constituting an Event of Default under subsection (a) or (b) of this Section 10.1) and the continuance of such failure, refusal or default for a period of forty-five (45) days after written notice thereof by the Trustee or the Holders of not less than twenty-five percent (25%) in principal amount of the Outstanding Bonds; provided, however, that the failure or refusal by the County to comply with the provisions of this Bond Resolution, or default by the County in the performance or observance of any of the covenants, agreements or conditions on its part contained herein, in any Supplemental Resolution or in the Bonds (other than a failure or refusal constituting an Event of Default under subsection (1) or (2) of this Section 10.1), shall not constitute an Event of Default if, prior to or within such forty-five (45) day period, the County shall commence, or cause to be commenced, appropriate action in good faith to cure such violation or failure and shall diligently prosecute such action to completion, notwithstanding that the period required to effect such cure shall extend beyond such forty-five (45) day period; and provided, further that the failure of the County to comply with the rate covenant set forth in Section 7.8(a) shall not be an Event of Default if the County shall have retained a Consultant pursuant to Section 7.8(c) and shall, after the filing with the Trustee of the special report contemplated by such Section 7.8(c), be taking actions in accordance with the recommendations of the Consultant set forth therein to cure its failure to comply with such rate covenant. Section 10.2. Remedies. Upon the happening and continuance of any Event of Default specified in subsection (1) and (2) of Section 10.1 the Trustee shall proceed or, upon the happening and continuance of any Event of Default specified in subsection (3) of Section 10.1 the Trustee may proceed and, upon the written request of the Holders of not less than twenty-five percent (25%) in principal amount of the Outstanding Bonds, shall proceed, in its own name, 2629058.5 038690 RSIND subject to the provisions of Section 11.3 to protect and enforce the rights of the Bondholders by such of the following remedies, which are then permitted by law, as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce such rights: (1) by mandamus or other suit, action or proceeding at law or in equity, to enforce all rights of the Bondholders, including the right to require the County to receive and collect Revenues adequate to enable the County to carry out any of the covenants or agreements with Bondholders and to perform its duties as prescribed by law; (2) by bringing suit upon the Bonds; (3) by action or suit in equity, to require the County to account as if it were the trustee of an express trust for the Holders of the Bonds; (4) by action or suit in equity, to enjoin any acts or things which may be unlawful or in violation of the rights of the Holders of the Bonds; or (5) by declaring all Bonds due and payable, and if all defaults shall be cured, then, with the written consent of the Holders of not less that twenty-five percent (25%) in principal amount of the Outstanding Bonds, by annulling such declaration and its consequences. (b) In the enforcement of any rights and remedies under this Bond Resolution, the Trustee shall be entitled to sue for, enforce payment of and receive any and all amounts then, or during any default becoming, and at any time remaining, due and unpaid from the County for principal, interest or otherwise, under any provisions of this Bond Resolution or a Supplemental Resolution or of the Bonds, with interest on overdue payments at the rate of interest specified in such Bonds, together with any and all costs and expenses of collection and of all proceedings under this Bond Resolution or such Supplemental Resolution or Bonds, without prejudice to any other right or remedy of the Trustee or of the Bondholders, and to recover and enforce a judgment or decree against the County for any portion of such amounts remaining unpaid, with interest, costs and expenses (including without limitation pre-trial, trial and appellate attorney fees), and to collect from any moneys available for such purpose, in any manner provided by law, the moneys adjudged or decreed to be payable. (c) Upon the occurrence of any Event of Default, and upon the filing of a suit or other commencement of judicial proceedings to enforce the rights of the Bondholders under this Bond Resolution, the Trustee shall be entitled, as a matter of right, to the appointment of a receiver or receivers of the Revenues and of the assets of the County relating to the System, pending such proceedings, with such powers as the court making such appointment shall confer. (d) Except upon the occurrence and during the continuance of an Event of Default hereunder, the County hereby expressly reserves and retains the privilege to receive and, subject to the terms and provisions of this Bond Resolution, to keep or dispose of, claim, bring suit upon or otherwise exercise, enforce or realize upon its rights and interest in and to the System and the Revenues therefrom, and neither the Trustee nor any Bondholder shall in any manner be or be deemed to be an indispensable party to the exercise of any such privilege, claim or suit. 40 r, r" '- , 2629058.5 038690 l7SI�iD`�%� t' Section 10.3. Priority of Payments After Default. (a) In the event that upon the happening and continuance of any Event of Default the funds held by the Trustee shall be insufficient for the payment of the principal or Redemption Price then due of and interest then due on the Bonds, such funds (other than funds for the payment of particular Bonds which have theretofore become due at maturity) and any other amounts received or collected by the Trustee acting pursuant to this Article X, after making provision for the payment of any expenses necessary in the opinion of the Trustee to protect the interest of the Holders of the Bonds and for the payment of the charges and expenses and liabilities incurred and advances made by the Trustee in the performance of their respective duties under this Bond Resolution, shall be applied as follows: (1) Unless the principal of all of the Bonds shall have become or have been declared due and payable: FIRST: To the payment to the persons entitled thereto of all installments of interest then due in the order of the maturity of such installments, and, if the amounts available shall not be sufficient to pay in full any installment, then to the payment thereof ratably, according to the amounts due on such installment, to the persons entitled thereto, without any discrimination or preference; SECOND: To the payment to persons entitled thereto of the unpaid principal or Redemption Price of any Bonds which shall have become due and, if the amounts available shall not be sufficient to pay in full all the Bonds due, then to the payment thereof ratably, according to the amounts of principal or Redemption Price due on such date, to the persons entitled thereto, without any discrimination or preference; and THIRD: To be held for the payment to the persons entitled thereto, as the same shall become due, of the principal or Redemption Price of and interest on the Bonds which may thereafter become due and, the amounts available shall not be sufficient to pay in full all the Bonds due on any date, together with such interest, payment shall be made ratably according to the amount of principal due on such date to the persons entitled thereto, without any discrimination or preference. (2) If the principal of all of the Bonds shall have become or have been declared due and payable, to the payment of the principal and interest then due and unpaid upon the Bonds without preference or priority of principal over interest or of interest over principal, or of any installment of interest over any other installment of interest, or of any Bond over any other Bond, ratably, according to the amounts due respectively for principal and interest, to the persons entitled thereto without any interest, to the persons entitled thereto 41 2629058.5 038690 MND without any discrimination or preference except as to any difference in the respective rates of interest specified in the Bonds. (b) Whenever moneys are to be applied by the Trustee pursuant to the provisions of this Section 10.3, such moneys shall be applied by the Trustee at such times, and from time to time, as the Trustee in its sole discretion shall determine, having due regard to the amount of such moneys available for such application and the likelihood of additional money becoming available for such application in the future. The setting aside of such moneys in trust for the proper purpose, shall constitute proper application by the Trustee, and the Trustee shall incur no liability whatsoever to the County, to any Bondholder or to any other person for any delay in applying such moneys, so long as the Trustee acts prudently, having due regard for the circumstances, and ultimately applies the same in accordance with such provisions of this Bond Resolution as may be applicable at the time of application by the Trustee. Whenever the Trustee shall exercise such discretion in applying such moneys, it shall fix the date (which shall be an Interest Payment Date unless the Trustee shall deem another date more suitable) upon which such application is to be made. The Trustee shall not be required to make payment to the Holder of any Bond unless such Bond shall be presented to the Trustee for appropriate endorsement or for cancellation if fully paid. Section 10.4. Termination of Proceedings. In case any proceedings taken by the Trustee on account of any Event of Default shall have been discontinued or abandoned for any reason, then in every such case the County, the Trustee and the Bondholders shall be restored to their former positions and rights hereunder, respectively, and all rights, remedies, powers, and duties of the Trustee shall continue as though no such proceeding had been taken. Section 10.5. Bondholder's Direction of Proceedings. Anything in this Bond Resolution to the contrary notwithstanding, the Holders of the majority in principal amount of the Bonds Outstanding shall have the right, by an instrument or concurrent instruments in writing executed and delivered to the Trustee, to direct the method of conducting all remedial proceedings to be taken by the Trustee hereunder, provided that such direction shall not be otherwise than in accordance with law or the provisions of this Bond Resolution, and that the Trustee shall have the right to decline to follow a direction which, in the opinion of the Trustee, would be unjustly prejudicial to Bondholders not parties to such direction. Section 10.6. Limitation on Rights of Bondholders. (a) No Holder of any Bond shall have any right to institute any suit, action, mandamus or other proceeding in equity or at law hereunder, for the protection or enforcement of any right under this Bond Resolution unless such Holder shall have given to the Trustee written notice of the Event of Default or breach of duty on account of which such suit, action or proceeding is to be taken, and unless the Holders of not less than twenty-five percent (25%) in principal amount of the Bonds Outstanding shall have made written request of the Trustee after the right to exercise such powers or right of action, as the case may be, shall have accrued, and shall have afforded the Trustee a reasonable opportunity either to proceed to exercise the powers herein granted or granted under the law or to institute such action, suit or proceeding in its name and unless, also, there shall have been offered to the Trustee reasonable security and indemnity against the costs, expenses and liabilities to be incurred therein or thereby, and the Trustee shall have refused or neglected to comply with such request within a reasonable time. Such notification, request and offer of indemnity are hereby 42 2629058.5 038690 RSIND declared in every such case, at the option of the Trustee, to be conditions precedent to the execution of the powers under this Bond Resolution or for any other remedy hereunder or by law. It is understood and intended that no one or more Holders of the Bonds hereby secured shall have any right in any manner whatever by his or their action to affect, disturb or prejudice the security of this Bond Resolution, or to enforce any right hereunder or under law with respect to the Bonds or this Bond Resolution, except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the benefit of all Holders of the Outstanding Bonds. Nothing contained in this Article X shall affect or impair the right of any Bondholder to enforce the payment of the principal of and interest on his Bonds, or the obligation of the County to pay the principal of and interest on each Bond issued hereunder to the Holder thereof at the time and place expressed in such Bond. (b) Anything to the contrary notwithstanding contained in this Section 10.6 or any other provision of this Bond Resolution, each Holder of any Bond by his acceptance thereof shall be deemed to have agreed that any court in its discretion may require, in any suit for the enforcement of any right or remedy under this Bond Resolution or any Supplemental Resolution or in any suit against the Trustee for any action taken or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the reasonable costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable pre-trial and appellate attorneys' fees against any party litigant in any such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this Section 10.6 shall not apply to any suit instituted by the Trustee to any suit instituted by any Bondholder or group of Bondholders holding at least twenty-five percent (25%) in principal amount of the Bonds Outstanding, or to any suit instituted by any Bondholder for the enforcement of the payment of any Bond on or after the respective due date thereof expressed in such Bond. Section 10.7. Possession of Bonds by Trustees Not Required. All rights of action under this Bond Resolution or under any of the Bonds, enforceable by the Trustee, may be enforced by it without the possession of any of the Bonds or the production thereof at the trial or other proceeding relative thereto, and any such suit, action or proceeding instituted by the Trustee shall be brought in its name for the benefit of all the Holders of such Bonds, subject to the provisions of this Bond Resolution. Section 10.8. Remedies Not Exclusive. No remedy herein conferred upon or reserved to the Trustee or to the Holders of the Bonds is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to any other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Section 10.9. No Waiver of Default. No delay or omission of the Trustee or of any Holder of the Bonds to exercise any right or power shall be construed to be a waiver of any such default or any acquiescence therein and every power and remedy given by this Bond Resolution to the Trustee and the Holder of the Bonds, respectively, may be exercised from time to time and as often as may be deemed expedient. 43 2629058.5 038690 RSIND Section 10.10. Notice of Event of Default. The Trustee shall give to the Bond Holders notice of each Event of Default hereunder known to the Trustee within ninety (90) days after actual knowledge of the occurrence thereof, unless such Event of Default shall have been remedied or cured before the giving of such notice; provided that, except in the case of default in the payment of the principal or Redemption Price of or interest on any of the Bonds, or in the making of any payment required to be made into the Debt Service Fund, the Trustee shall be protected in withholding such notice if and so long as the board of directors, or responsible officers of the Trustee in good faith determines that the withholding of such notice is in the interest of the Bondholders. Each such notice of an Event of Default shall be given by the Trustee by mailing written notice thereof (i) to all Holders appearing on the books of registry of the County maintained by the Registrar and (ii) to such other persons as is required by law. ARTICLE XI CONCERNING THE FIDUCIARIES Section 11.1. The Trust; Standard of Care. The Trustee agrees to hold in trust, for the benefit of the Holders from time to time of the Bonds, all property conveyed or delivered to it under this Bond Resolution and all Funds and Accounts and the moneys or Investment Securities held therein, and to act as Paying Agent and Registrar for the Bonds. The Trustee, prior to the occurrence of an Event of Default and after the curing of all Events of Default which may have occurred, undertakes to perform such duties and only such duties as are specifically set forth in this Bond Resolution, and no implied covenants or obligations should be read into this Bond Resolution against the Trustee. If any Event of Default under this Bond Resolution shall have occurred and be continuing, the Trustee shall exercise such of the rights and powers vested in it by this Bond Resolution and shall use the same degree of care as a prudent person would exercise or use in the circumstances in the conduct of such prudent person's own affairs. Section 11.2. Responsibility of the Trustee. The statements of fact herein and in the Bonds contained shall be taken as the statements of the County and the Trustee does not assume any responsibility for the correctness of the same. The Trustee makes no representations as to the validity or sufficiency of this Bond Resolution or of any Bonds hereunder or in respect of the security afforded by this Bond Resolution, and the Trustee shall not incur any responsibility in respect thereof. The Trustee shall not be under any responsibility or duty with respect to the issuance of the Bonds for value or the application of the proceeds thereof or the application of any moneys paid to the County. The Trustee shall not be under any obligation or duty to perform any act which would involve it in expense or liability or to institute or defend any suit in respect hereof, or to advance any of its own moneys, unless properly indemnified. The Trustee shall not be liable in connection with the performance of its duties hereunder except for its own negligence or willful misconduct. The Trustee shall not be responsible or accountable for the use or application by the County of any of the proceeds of the Bonds or for the use or application of any money paid over by the Trustee in accordance with the provisions of this Bond Resolution or for the use and application of money received by any paying agent. The Trustee shall have no responsibility with respect to any information, statement or recital in any official statement, offering memorandum or any other disclosure material prepared or distributed with respect to the Bonds, except for any information provided by the Trustee, and shall have no responsibility for compliance with any state or federal securities laws in connection with the Bonds. The 44 '0,' ti "-s` G 2629058.5 038690 RSIND permissive right of the Trustee to do things enumerated in this Bond Resolution shall not be construed as a duty and the Trustee shall not be answerable for other than its negligence or willful misconduct. Section 11.3. Evidence on Which Trustee May Act. The Trustee shall be protected in acting upon any notice, resolution, request, consent, order, certificate, report, opinion, bond or other paper or document believed by it to be genuine, and to have been signed or presented by the proper party or parties. The Trustee may consult with counsel, who may be counsel to the County, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by it hereunder in good faith and in accordance therewith. The Trustee may execute any of the trusts or powers granted to it under this Bond Resolution or any Supplemental Resolution hereto and perform any of its duties by or through attorneys, agents or receivers, and shall be entitled to advice of counsel concerning all matters of trusts hereof and duties hereunder or thereunder. Whenever the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering any action hereunder, including payment of moneys out of any Fund or Account, such matter (unless other evidence in respect thereof be herein specifically prescribed) may be deemed to be conclusively proved and established by a Certificate signed by an Authorized Officer of the County, and such Certificate shall be full warrant for any action taken or suffered in good faith thereof, but in its sole discretion the Trustee may in lieu thereof accept other evidence of such fact or matter or may require such further or additional evidence as to it may seem reasonable. Neither the Trustee nor any successor Trustee shall be liable to the County, the Holders of any of the Bonds or any other person for any act or omission done or omitted to be done by the Trustee in reliance upon any instruction, direction or certification received by the Trustee pursuant to this Bond Resolution or for any act or omission done or omitted in good faith and without willful or reckless misconduct. Except as otherwise expressly provided herein, any request, order, notice or other direction required or permitted to be furnished pursuant to any provision hereof by the County to the Trustee shall be sufficiently executed if executed in the name of the County by an Authorized Officer of the County. Section 11.4. Compensation. The County shall pay to the Trustee from time to time reasonable compensation for all services rendered under this Bond Resolution, and also all reasonable expenses, charges, counsel fees and other disbursements, including those of its attorneys, agents and employees, incurred in and about the performance of its powers and duties under this Bond Resolution, and the Trustee shall have a lien therefor on any and all Funds or Accounts at any time held by it under this Bond Resolution. Section 11.5. Permitted Acts and Functions. The Trustee may become the Holder of any Bonds, with the same rights it would have if it were not the Trustee. The Trustee may act as Depositary for, and permit any of its officers or directors to act as a member of, or in any other capacity with respect to, any committee formed to protect the rights of Bondholders or to effect or aid in any reorganization growing out of the enforcement of the Bonds or this Bond Resolution, whether or not any such committee shall represent the Holders of a majority in principal amount of the Bonds Outstanding. The Trustee may be an underwriter in connection with the sale of the Bonds or of any other securities offered or issued by the County. 45 2629058.5 038690 RSIND Section 11.6. Resignation of Trustee. The Trustee may at any time resign and be discharged of the duties and obligations created by this Bond Resolution by giving not less than sixty (60) days written notice to the County, and such resignation shall take effect upon the date specified in such notice unless previously a successor Trustee shall have been appointed, as provided in Section 11.8, in which event such resignation shall take place immediately on the appointment of such successor. Section 11.7. Removal of Trustee. The Trustee shall be removed by the County upon thirty (30) days' prior written notice if at any time so requested by an instrument or concurrent instruments in writing, filed with the Trustee and the County and signed by the Holders of a majority in principal amount of the Bonds Outstanding or their duly authorized attorney, excluding any Bonds held by or for the account of the County. The County may remove the Trustee upon thirty (30) days' prior written notice, except during the existence of an Event of Default, for such cause as shall be determined in the sole discretion of the County by filing with the Trustee an instrument signed by an Authorized Officer of the County. Section 11.8. Appointment of Successor Trustee. (a) In case at any time the Trustee shall resign or shall be removed or shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or if a receiver, liquidator or conservator of the Trustee or of its property shall be appointed, or if any public officer shall take charge or control of the Trustee or of its property or affairs, the County covenants and agrees that it will thereupon appoint a successor Trustee. (b) If in a proper case no appointment of a successor Trustee shall be made pursuant to the foregoing provisions of this Section 11.8 within forty-five (45) days after the Trustee shall have given to the County written notice, as provided in Section 11.6, or after a vacancy in the office of the Trustee shall have occurred by reason of its inability to act, the Trustee or the Holder of any Bond may apply to any court of competent jurisdiction to appoint a successor Trustee. (c) Any Trustee appointed under the provisions of this Section 11.8 in succession to the Trustee shall be a trust company, bank or national banking association having the powers of a trust company within or outside the State, having capital, surplus and undivided profits aggregating at least $25,000,000 if there be such a trust company, bank or national banking association willing and able to accept the office on reasonable and customary terms and authorized by law to perform all the duties imposed upon it by this Bond Resolution. Section 11.9. Transfer of Rights and Property to Successor Trustee. Any successor Trustee appointed under this Bond Resolution shall execute, acknowledge and deliver to its predecessor Trustee, and also to the County, an instrument accepting such appointment, and thereupon such successor Trustee, without any further act, deed or conveyance, shall become fully vested with all moneys, estates, properties, rights, powers, duties and obligations of such predecessor Trustee, with like effect as if originally named as Trustee, but the Trustee ceasing to act shall nevertheless, on the request of the County or of its successor Trustee, execute, acknowledge and deliver such instruments of conveyance and further assurance and do such other things as may reasonably be required for more fully and certainly vesting in and confirming to such successor Trustee all the right, title and interest of the predecessor Trustee in 46 �s 2629058.5 038690 RSIND and to any property held by it under this Bond Resolution, and shall pay over, assign and deliver pursuant to the terms and conditions herein set forth. Should any deed, conveyance or instrument in writing from the County be required by such successor Trustee for more fully and certainly vesting in and confirming to such successor Trustee any such estates, rights, powers and duties, any and all such deeds, conveyances and instruments in writing shall, on request, and so far as may be authorized by law, be executed, acknowledged and delivered by the County. Upon the effectiveness of the resignation or removal of the Trustee, such Trustee's authority to act pursuant to this Bond Resolution shall terminate and such Trustee shall have no further responsibility or liability whatsoever for performance of this Bond Resolution as Trustee. Section 11.10. Merger or Consolidation. Any company into which the Trustee may be merged or converted or with which it may be consolidated or any company resulting from any merger, conversion or consolidation to which it shall be a party or any company to which the Trustee may sell or transfer all or substantially all of its corporate trustee business, provided such company shall be a trust company or bank which is qualified to be a successor to the Trustee under Section 11.8 and shall be authorized by law to perform all the duties imposed upon it by this Bond Resolution, shall be the successor to the Trustee without the execution or filing of any paper or the performance of any further act, anything herein to the contrary notwithstanding. Section 11.11. Appointment of Pang Age . The Trustee is hereby appointed Paying Agent for the Bonds. The Trustee may, with the consent of the County, appoint one or more additional Paying Agents for each Series of Bonds to perform any of the obligations and duties of the Trustee hereunder by a written instrument executed by the Paying Agent and the Trustee under which such Paying Agent shall signify its acceptance of the duties and obligations imposed upon it by this Bond Resolution in respect of each Series of Bonds for which it is appointed Paying Agent and any additional duties or obligations imposed upon it by agreement and shall agree, particularly: (1) to hold all sums held by it for the payment of the principal of or interest on Bonds in trust for the benefit of the Holders of such Bonds until such sums shall be paid to such Holders of such Bonds or otherwise disposed of as herein provided; (2) to keep such books and records as shall be consistent with prudent industry practice, to make such books and records available for inspection by the County, and the Trustee and the Registrar at all reasonable times; and (3) upon the request of the Trustee, to forthwith deliver to the Trustee all sums so held in trust by the Paying Agent. Section 11.12. Qualifications of Paying Agent. Any Paying Agent (other than the Trustee) shall be a corporation or banking association duly organized under the laws of . the United States of America or any state or territory thereof, having a combined capital stock, surplus and undivided profits of at least $50,000,000 and authorized by law to perform all the duties imposed upon it by this Bond Resolution. 47 2629058.5 038690 RSIND Section 11.13. Evidence of Signatures of Bondholders and Ownership of Bonds. (a) Any request, consent or other instrument which this Bond Resolution may require or permit to be signed and executed by the Bondholders may be in one or more instruments of similar tenor, and shall be signed or executed by such Bondholders in person or by their duly authorized attorneys. Proof of the execution of any such instrument, or of an instrument appointing any such attorney, shall be sufficient for any purpose of this Bond Resolution (except as otherwise herein expressly provided) if made in the manner set forth in subsection (b) of this Section 11.13, but the Trustee may nevertheless in its sole discretion require further or other proof in any case where it deems the same desirable. (b) The fact and date of the execution by any Bondholder or his attorney of such instrument may be proved by the Certificate, which need not be acknowledged or verified, of an officer of a bank or trust company, financial institution or other member of the Financial Industry Regulatory Authority, Inc. or its successors, satisfactory to the Trustee, or of any notary public or other officer authorized to take acknowledgments of deeds to be recorded in the state in which he purports to act that the person signing such request or other instrument acknowledged to him the execution thereof, or by an affidavit of a witness of such execution, duly sworn to before such notary public or other officer. The authority of the person or persons executing any such instrument on behalf of a corporate Bondholder may be established without further proof if such instrument is signed by a person purporting to be the president or vice president of such corporation with a corporate seal affixed and attested by a person purporting to be its secretary or an assistant secretary. (c) The ownership of Bonds and the amount, numbers and other identification, and date of holding the same shall be proved by the books of registry of the County maintained by the Registrar. (d) Any request, consent or vote of the Holder of any Bond shall bind all future Holders of such Bond in respect of anything done or suffered to be done by the County and any Bondholder and their agents and their representatives, any of whom may make copies thereof. Section 11.14. Appointment of Registrar. The Trustee may, with the consent of the County, appoint one or more additional Registrars to perform any of the obligations and duties of the Trustee hereunder by a written instrument executed by such additional Registrar and the Trustee under which such additional Registrar shall signify its acceptance of the duties and obligations imposed upon it by this Bond Resolution and any additional duties or obligations imposed upon it by agreement. ARTICLE XII DEFEASANCE Section 12.1. Defeasance. (a) If the County shall pay or cause to be paid to the Holders of the Bonds the principal and interest to become due thereon, at the times and in the manner stipulated therein and in this Bond Resolution, then the pledge of any Revenues, payments made by the County in satisfaction of covenants contained herein and other moneys, securities and funds hereby pledged and all other rights granted hereby shall be discharged and satisfied. In 48 2629058.5 038690 RSIND such event, the Trustee shall, upon the request of the County, execute and deliver to the County all instruments as may be desirable to evidence such discharge and satisfaction and shall pay over or deliver to the County all moneys or securities held by the Trustee pursuant to this Bond Resolution which are not required for the payment of Bonds. If the County shall pay or cause to be paid, or there shall otherwise be paid, to the Holders of all Outstanding Bonds of a particular Series the principal and interest due or to become due thereon, at the times and in the manner stipulated therein and in this Bond Resolution, then such Bonds shall cease to be entitled to any lien, benefit or security hereunder and all covenants, agreements and obligations of the County to the Holders of such Bonds shall thereupon cease, terminate and become void and discharged and satisfied. (b) Bonds or interest installments for the payment of which moneys shall have been set aside and held in trust by the Trustee (through deposit by the County of funds for such payment or otherwise) shall, at the maturity thereof, be deemed to have been paid within the meaning and with the effect expressed in subsection (a) of this Section 12.1. All Bonds shall, prior to the maturity or Redemption Date thereof, be deemed to have been paid within the meaning and with the effect expressed in subsection (a) of this Section 12.1 if (i) in case any of such Bonds are to be redeemed on any date prior to their maturity, the County shall have given to the Trustee, in form satisfactory to it, irrevocable instructions to give notice of redemption of such Bonds on such date as provided in Article VI; (ii) there shall have been deposited with the Trustee either moneys in an amount which shall be sufficient, or Investment Securities the principal of and the interest on which when due will provide moneys which, together with the moneys, if any, deposited with the Trustee at the same time, shall be sufficient to pay when due the principal or Redemption Price, if any, of any interest due and to become due on such Bonds on and prior to the Redemption Date or maturity date thereof, as the case may be, or a combination of such moneys and Investment Securities; (iii) in the event such Bonds are not by their terms subject to redemption within the next succeeding sixty (60) days, the County shall have given the Trustee, in form satisfactory to it, irrevocable instructions to give notice as soon as soon as practical in the manner required for notice of redemption of Bonds hereunder to the Holders of such Bonds that the deposit required by (ii) above has been paid in accordance with this Section 12.1 and stating such maturity or Redemption Date upon which moneys are to be available for the payment of the principal or Redemption Price, if any, of and interest on such Bonds; and (iv) in connection with any advance refunding of Bonds, the County shall have caused to be delivered to the Trustee a verification report as to the sufficiency of the deposit referred to in this paragraph (b) of a firm of certified public accountants or other independent financial firm qualified to verify sufficiency of the escrow. Any cash received from such principal of or interest payments on such Investment Securities deposited with the Trustee, if not then needed for such purpose, shall, to the extent practicable, be reinvested in Investment Securities maturing at times and in amount sufficient to pay when due the principal or Redemption Price, if any, of, and the interest to become due on such Bonds on and prior to such maturity date thereof, as the case may be, and interest earned from such reinvestments shall be paid over to the County, as received by the Trustee, free and clear of any trust, lien or pledge. For the purpose of this Section 12.1, Investment Securities means and includes only such obligations as are described in clause (i) of the definition of Investment Securities herein. (c) If, through the deposit of moneys by the County or otherwise, the Trustee shall hold, pursuant to this Bond Resolution, moneys sufficient to pay the principal of and interest to 2629058.5 038690 RSIND maturity on all Outstanding Bonds, or, in the case of Bonds in respect of which the County shall have taken all action necessary to redeem prior to maturity, sufficient to pay the Redemption Price and interest to such Redemption Date, then at the request of the County all moneys held by the Trustee, shall be held by the Trustee for the payment of Outstanding Bonds. (d) Anything in this Bond Resolution to the contrary notwithstanding, any moneys held by the Trustee in trust for the payment and discharge or any of the Bonds which remain unclaimed for six (6) years after the date when all of the Bonds have become due and payable, either at their stated maturity dates or by call for earlier redemption, if such moneys were held by the Trustee at such date, or for six (6) years after the date of deposit of such moneys if deposited with the Trustee after the date when all of the Bonds become due and payable, shall, at the written request of the County, be repaid by the Trustee to the County, as absolute property of the County and free from trust, and the Trustee shall thereupon be released and discharged; except that before being required to make any such payment to the County, the Trustee shall, at the expense of the County, cause to be published at least twice, at an interval of not less than seven (7) days between publications, in a newspaper in which legal notices of the County are authorized to be published, notice that such moneys remain unclaimed and that, after a date named in such notice, which date shall be not less than ten (10) nor more than twenty (20) days after the date of the first publication of such notice, the balance of such moneys then unclaimed shall be returned to the County. ARTICLE XIII MISCELLANEOUS PROVISIONS Section 13.1. No Recourse Under Bond Resolution or on Bonds. All covenants, stipulations, promises, agreements and obligations of the County contained in this Bond Resolution shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the County and not of any officer, director or employee of the County in his individual capacity, and no recourse shall be had for the payment of the principal of or interest on the Bonds or for any claim based thereon or on this Bond Resolution against any officer, director or employee of the County or against any natural person executing the Bonds. Section 13.2. Repeal or Conflicting Resolutions and Procedures. All resolutions and parts of resolutions or other proceedings of the County in conflict herewith be and the same are repealed to the extent of such conflict. Section 13.3. Effectiveness of Bond Resolution. This Bond Resolution shall become effective at such time as the County's Water and Sewer Revenue Bonds, Series 2007 and Series 2009 shall no longer be Outstanding hereunder. The Tenth Supplemental Resolution is hereby ratified and confirmed and shall be and shall be deemed to be a Supplement to this Bond Resolution. 50 2629058.5 038690 RSIND CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: May 25, 2016 Item Number: 83.1.c. Subiect: Resolution Naming a Soccer Field (#15) at Harry G. Daniel Park at Iron Bridge in Memory of Sergeant Jeffrey Alexander Reed County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested naming of soccer field (#15) at Harr memory of the late Sergeant Jeffrey defense of his country. Summary of Information: to adopt the resolution and approve the Harry G. Daniel Park at Iron Bridge in the Alexander Reed, who gave his life in The naming of this field is to honor the service of the late Sergeant Jeffrey Alexander Reed, United States Army, who gave his life in defense of his country on March 2, 2009, in Operation Iraqi Freedom. Sergeant Reed played soccer at L. C. Bird High School and also participated in youth sports in the county and frequently practiced and played at Daniel Park. He carried that love of the game in his career in the armed services, sharing and assisting local citizenry with the sport when deployed. Preparer: Rich Billingsley Title: License Inspector Attachments: 0 Yes F-1No RESOLUTION NAMING SOCCER FIELD FIFTEEN IN HARRY G. DANIEL PARK AT IRON BRIDGE IN MEMORY OF SERGEANT JEFFREY A REED, UNITED STATES ARMY WHEREAS, Sergeant Jeffrey A. Reed of Chesterfield, Virginia was born on October 21, 1985; and WHEREAS, Sergeant Reed attended L. C. Bird High School, and was known for his hard work and determination playing for the school's soccer team, and graduated in 2004; and WHEREAS, Sergeant Reed enlisted in the Army upon his graduation from high school in 2004; and WHEREAS, Sergeant Reed deployed to Iraq, with the 411th Military Police Company, 720th Military Police Battalion, 89th Military Police Brigade based at Fort Hood Texas; and WHEREAS, Sergeant Reed displayed his love for the sport and his concern for the well-being of others by organizing a donation of soccer equipment to Iraqi children and often played soccer with them; and WHEREAS, on March 2, 2009, nearing the end of a 14 -month deployment, while on mounted patrol near Balad, Iraq, Sergeant Reed died from wounds sustained when a grenade struck the vehicle he was riding in; and WHEREAS, Sergeant Reed gave his life in defense of a grateful nation; and WHEREAS, the Chesterfield County Board of Supervisors wishes to memorialize the life and the sacrifices of Sergeant Reed. WHEREAS, Chesterfield County will forever honor Sergeant Reed by the naming of a soccer field (#15) at Harry G. Daniel Park at Iron Bridge in his memory. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors does hereby name soccer field #15 at Harry G. Daniel Park at Iron Bridge as "Sergeant Jeffrey Reed Memorial Field." o� CHESTERFIELD COUNTY y BOARD OF SUPERVISORS Page 1 of 2 4 AGENDA Meeting Date: May 25, 2016 Item Number: 8.8.2. Subiect: Request from the Chesterfield County Fair Association to Serve Alcoholic Beverages (Beer) as Part of a "Chesterfield Cheers" Program During the County Fair County Administrator's Comments: County Administrator: l Board Action Requested: Staff recommends that the Board grant permission to the Chesterfield County Fair Association to serve alcoholic beverages (beer) at the Fairgrounds during the Chesterfield Cheers program at the Chesterfield County Fair to be conducted August 26 -September 3, 2016, subject to compliance with the attached conditions. Summary of Information: At its April 27 meeting, the Board approved an entertainment permit for the Chesterfield County Fair Association to conduct its annual Chesterfield County Fair ("Fair") at the fairgrounds complex from August 26 -September 3, 2016. As part of this year's Fair, the Fair Association is also proposing, for the first time, to host a "Chesterfield Cheers" program in which it will serve beer in a "beer garden" during evening hours on Friday, August 26; Saturday, August 27; Thursday, September l; Friday, September 2; and Saturday, September 3, between the hours of 7:30 p.m. and 10:15 p.m. In order to serve alcoholic beverages on county property, the Fair Association must obtain the approval of the Board. Preparer: Jeffrey L. Mincks Title: County Attorney Attachments: 0 Yes F-1No -4- 4-1 ,,,�. CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Staff has evaluated the Fair Association's request and, in conjunction with the Fair Association, has developed a list of conditions which, if followed, will allow for this "Chesterfield Cheers" program to be conducted safely. These conditions, which are attached, (1) limit the alcohol served to beer only, (2) limit the amount of beer sold to two servings per customer on any night of the Fair, and (3) ensure that the area where beer is sold will be properly licensed and cordoned off from other areas of the Fair so that minors cannot have access to the beer garden area. If these conditions are imposed, staff can support the Fair Association's request. Staff will monitor compliance with the conditions duration the Fair. Chesterfield County Fair 2016 Hospitality Area 1. The designated hospitality area, operated as "Chesterfield Cheers," shall be secured at a minimum by a three-foot high double fence, with three feet between the fencing, and with a single-entry/exit point. Alcoholic beverages will not be sold outside of the designated hospitality area, and alcoholic beverages, whether in opened or closed containers, will not be taken out of the hospitality area. 2. Chesterfield County Cheers shall be operated only on Friday, August 26; Saturday, August 27; Thursday, September 1; Friday, September 2; and Saturday, September 3, 2016 between the hours of 7:30 p.m. and 10:15 p.m. 3. No one under the age of 21 will be admitted to the hospitality area. 4. The entry point to and exit point from the hospitality area shall be manned by trained Fair staff to check identification, issue wrist bands, and ensure that alcoholic beverages do not leave the hospitality area. 5. Each person will be served no more than two beverages during any day that the hospitality area is open. 6. The Fair will contract with an ABC -approved vendor who will serve all beverages in the hospitality area. 7. There shall be two Chesterfield County Police Officers posted at the hospitality area during the three-hour period the hospitality is open on each of the designated dates. This is in addition to the Chesterfield County Police Officers required for the other Fair operations. 8. The Fair will obtain the ABC permit at least 21 days prior to the Fair and a copy shall be provided to the County's Director of Risk Management at least 14 days prior to the Fair. The ABC permit shall be limited to the exact days and hours approved for the operation of the hospitality area by the Board of Supervisors. 9. The Fair will provide proof of Host Liquor Liability Insurance in the minimum amount of $1,000,000 per occurrence to the County's Director of Risk Management at least 14 days prior to the opening of the Fair. 10. Violation of any of the provisions of these terms shall constitute grounds for revoking permission to serve alcoholic beverages in accordance with these terms and conditions. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: May 25, 2016 Item Number: &B.3.a.1. Subject: Transfer $5,000 from the Bermuda District Improvement Fund to the School Board for the Transformation of Classroom Space Into a Community/ Family Resources Center at Ecoff Elementary School County Administrator's Comments: County Administrator: Board Action Requested: Transfer $5,000 from the Bermuda District Improvement Fund to the School Board for the transformation of classroom space into a community/ family resource center at Ecoff Elementary School. Summary of Information: Ms. Jaeckle has requested the Board to transfer $5,000 from the Bermuda District Improvement Fund to the School Board for the transformation of classroom space into a community/family resources center at Ecoff Elementary School (Ecoff Empowerment Zone). The transferred funds will be used to purchase: resources for community outreach; computers for family engagement and trainings; furniture; and storage and shelving for resources and supplies. The Board is authorized to transfer funds to the School Board to purchase and to make capital improvements to county property which will be used by the public. The purchase of the materials for the project must comply with the Virginia Public Procurement Act. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. Preparer: Allan M. Carmody Title: Director, Budget & Management Attachments: Yes FNo # k rl APPLICATION This application must be completed and signed before the County can consider request for funding with District Improvement Funds. Completing and signing this form does not rnean that you will receive funding urthat the County can legally consider your request. Virginia law places substantial restrictions on the authority of the County to give public funds, such as District Improvement Funds, to private persons or organizations and these restrictions may preclude the County's Board of Supervisors from even considering your request. �� =^�*^�^/�v 7. If the applicant is an organization, answer the following Is the organization a corporation ....... . ... Is the organization non-profit? B. Applicant information: Mailing Address Telephone Number Fax Number E -Mail Address No - corporation No - non-profit Yes - taK-exempt 5200 Ecoff Ave Chester, VA, 23831 - address 804--758-6185 - phone E;04-775--7247 - fax josh ua—cole @ccpsnet, fie t - email Signature of the applicant — If you are signing on behalf of an organization you must be the Joshua P, Cole, Ph.D, president, vice-president, chairman/director or, Nome of Applicont vice-chairman. Principal -Title l signing on behalf of organization Joshua P. Cole, Ph,D, - printed name For Internal Use Date Received: CHESTERFIELD COUNTY ` BOARD OF SUPERVISORS Page 1 of 1 M, I AGENDA f M9 a�8Cit1u' Meeting Date: May 25, 2016 Item Number: 8.13.3.a.2. Subject: Transfer $3,000 in Bermuda District Improvement Funds to the Department of Parks and Recreation to Purchase and Install an Internally Illuminated Monument Sign at Elizabeth Scott Elementary School County Administrator's Comments: County Administrator: Board Action Request The Board is requested to transfer $3,000 in Bermuda District Improvement Funds to the Department of Parks and Recreation to purchase and install an internally illuminated monument sign at Elizabeth Scott Elementary School. Summary of Information: Ms. Jaeckle has requested the Board to transfer $3,000 from the Bermuda District Improvement Fund to the Department of Parks and Recreation. The funds will be used toward the purchase and installation of an internally illuminated monument sign at Elizabeth Scott Elementary School. PTA donations and school fund will provide the remaining funds needed for the project. The Board can transfer money to the Parks and Recreation Department to make public capital improvements on county property. Parks and Recreation will be required to comply with the Virginia Public Procurement Act to purchase and install the sign. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. Preparer: Allan M. Carmody Attachments: 0 Yes Title: Director, Budget & Management 17 i4 �: 1.10: CHESTERFIELD COUNTY DISTRICT IMPROVEMENT FUNDS APPLICATION This application must be completed and signed before the County can consider a request for funding with District improvement Funds. Completing and signing this form does not mean that you will receive funding or that the County can legally consider your request. Virginia law places substantial restrictions on the authority of the County to give public funds, such as District Improvement Funds, to private persons or organizations and these restrictions may preclude the County's Board of Supervisors from even considering your request. I. What is the name of the applicant (person or organization) making this funding request? Elizabeth Scott Elementary School PTA Z. If an organization is the applicant, what is the nature and purpose of the organization? PTA supporting Elizabeth Scott Elementary School (Attach organization's most recent articles of Incorporation and/or bylaws to application.) 3. What is the amount of funding you are seeking? $3000.00 The PTA has raised money through fundraisers to purchase a sign for the school. The sign will not be 4. Describe in detail the funding request and how electronic, it will have a changer board, and we will the money, if approved, will be spent. use it to update the community about events and it will improve the aesthetics of the school as our current sign is small and unattractive. S. Is any Chesterfield County Department involved In the project, event or program for which you are seeking funds? Yes Provide name of other department Chesterfield County Public Schools 6. If this request for funding will not fully fund your activity or program, what other individual Elizabeth Scott Elementary School PTA has raised or organization will provide the remainder of the remainder of the funds, the funding? "mu a, s 7. if the applicant Is an organization, answer the following Is the organization a corporation Yes - corporation Is the organization non-profit? Yes - non-profit Is the organization tax-exempt? Yes - tax-exempt 8 Applicant information: 813 Beginners Trail Lane, Chester VA 23836 - Mailing Address address Telephone Number 8045414660 - phone Fax Number - fax E -Mail Address escottpta@gmall.com - email Signature of the applicant — If you are signing on behalf of an organization you must be the 11; ON president, vice-president, chairman/director or Nome of Applicant vice-chairman. We President — Title If signing on behalf of organization Carrie E. Coyner - printed name May 6, 2016 - date For Internal Use Date Received: District: eaceryo m 1749 �12GINt' • BOARD • ' • AGENDA Page 1 of 1 Meeting Date: May 25, 2016 Item Number: 83.3.a.3. Subiect: Transfer $5,000 from the Bermuda District Improvement Fund to the School Board to Replace Worn Out Stools for the Visual Arts Rooms at Thomas Dale High School County Administrator's Comments: County Administrator: Q) Board Action Request : Transfer $5,000 from the Bermuda District Improvement Fund to the School Board to replace worn out stools for the Visual Arts rooms at Thomas Dale High School. Summary of Information: Vice Chairman Jaeckle has requested the Board transfer $5,000 from the Bermuda District Improvement Fund to the School Board to replace worn out stools for the Visual Arts rooms at Thomas Dale High School. The County can give money to the School Board to purchase capital equipment to be used for school programs. The stools will be owned by the School Board and will become a part of the School Board's inventory of property. The School Board must purchase the stools in accordance with the Virginia Public Procurement Act. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. Preparer: Allan M. Carmody Title: Director, Budget & Management 0425:96465.1 Attachments: 0 Yes F-1 No # ` ! ! DISTRICT IMPROVEMENT FUNDS APPLICATION This application must be completed and signed before the County can consider a request for funding with District Improvement Funds. Completing and signing this form does not mean that you will receive funding or that the County can legally consider your request. Virginia law places substantial restrictions on the authority of the County to give public funds, such as District Improvement Funds, to private persons or organizations and these restrictions may preclude the County's Board of Supervisors from even considering your request. 1. What is the name of the applicant (person or organization) making this funding request? Mark Fowler 2. If an organization is the applicant, what is the nature and purpose of the organization? (Attach organization's most recent articles of incorporation and/or bylaws to application.) 3. What is the amount of funding you are seeki 4. Describe in detail the funding request and how the money, if approved, will be spent. Thomas Dale High School $5000.00 Replacement of inadequate, worn and broken art rom stools. S. Is any Chesterfield County Department involved in the project, event or program for which you Yes are seeking funds? Provide name of other department Thomas Dale Specialty Center for the Fine and Performing Arts 6. If this request for funding will not fully fund your activity or program, what other individual Thomas Dale Specialty Center Budget or organization will provide the remainder of the fundina? 7. If the applicant is an organization, answer the following Is the organization a corporation No - corporation Is the organization non-profit? Yes - non-profit Is the organization tax-exempt? 8. Applicant information: Mailing Address Telephone Number Fax Number E -Mail Address Signature of the applicant — If you are signing on behalf of an organization you must be the president, vice-president, chairman/director or vice-chairman. For Internal Use Date Received: District: Form: Updated 2/7/2013 Yes - tax-exempt 3625 West Hundred Road, Chester VA 23831 - address -(804) 758-6245 - phone (804) 758-6152 -fax mark fowler@ccpsnet.net - email Mark Fowler Name of Applicant--- Assitant Principal — Title If signing on behalf of organization Mark Fowler -printed name 511112016 - date 001, 0— CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: May 25, 2016 Item Number: 8.113.3.b. Subiect: Transfer $2,000 in Dale District Improvement Funds to the Department of Parks and Recreation to Purchase and Install a Memorial Marker and Masonry Base at a Soccer Field at Harry D. Daniel Park at Iron Bridge County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to transfer $2,000 in Dale District Improvement Funds to the Department of Parks and Recreation to purchase and install a memorial marker and masonry base at a soccer field at Harry G. Daniel Park at Iron Bridge. Summary of Information: Supervisor Holland has requested the Board to transfer $2,000 from the Dale District Improvement Fund to the Department of Parks and Recreation. The funds will be used toward the purchase and installation of a memorial marker and masonry base in memory of Sergeant Jeffrey Reed who lost his life as a member of the United States Army while on duty. The memorial marker will be placed at Daniel Park at Field #15 (where Sergeant Reed used to play) and the field will be named in his honor. The Board can transfer money to the Parks and Recreation Department to make public capital improvements on County property. Parks and Recreation will be required to comply with the Virginia Public Procurement Act to purchase and install the sign. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. Preparer: Allan M. Carmody Title: Director, Budget & Management 0425:96475.1 Attachments: 0 Yes 7 No CHESTERFIELD COUNTY DISTRICT IMPROVEMENT FUNDS APPLICATION This application must be completed and signed before the County can consider a request for funding with District Improvement Funds. Completing and signing this form does not mean that you will receive funding or that the County can legally consider your request. Virginia law places substantial restrictions on the authority of the County to give public funds, such as District Improvement Funds, to private persons or organizations and these restrictions may preclude the County's Board of Supervisors from even considering your request. 1. What is the name of the applicant (person or organization) making this funding request? Parks and Recreation on behalf of the Reed Family 2. If an organization is the applicant, what is the nature and purpose of the organization? (Attach organization's most recent articles of incorporation and/or bylaws to application.) 3. What is the amount of funding you are s 4. Describe in detail the funding request and how the money, if approved, will be spent. S. Is any Chesterfield County Department involved in the project, event or program for which you are seeking funds? Provide name of other department 6. If this request for funding will not fully fund your activity or program, what other individual or organization will provide the remainder of the funding? 7. If the applicant is an organization, answer the following N/A $2000.00 The funds requested will purchase and install a memorial marker: plaque and masonry base to honor Sargent Jeffrey Reed who lost his life as a member of the Army while on duty. The marker will be placed at Daniel Park at Ironbridge adjacent field fifteen and the field will be named in his honor. Yes County Administration This request will fully fund the purchase, installation and construction of the marker. Is the organization a corporation Is the organization non-profit? Is the organization tax-exempt? 8. Applicant information: Mailing Address Telephone Number - iMT11.'�1i E -Mail Address No - corporation No - non-profit Yes - tax-exempt P.O. Box 40 Chesterfield, Virginia 23832 - address 804-751-4484 - phone 804-751-4486 -fax connocks@chesterfield.gov - email Signature of the applicant — If you are signing on behalf of an organization you must be the Stuart W. Connock, Jr. president, vice-president, chairman/director or Name of Applicant vice-chairman. Chief of Parks — Title If signing on behalf of organization Stuart W. Connock Jr. -printed name 5.11.2016 - date For Internal Use Date Received: District: CHESTERFIELD COUNTY _ W BOARD OF SUPERVISORS Page 1 of 2 #'174AGENDA Meeting Date: May 25, 2016 Item Number: 8.113.4.a. Subiect: Request for a Permit for Woodlake Community Association to Stage a Fireworks Display at the Woodlake Pavilion/Amphitheater on September 3, 2016, with No Rain Date County Administrator's Comments: County Administrator: U Board Action Requested: The Board is requested to approve a permit for Woodlake Community Association to stage a fireworks display at the Woodlake Pavilion/Amphitheater on September 3, 2016, with no rain date. Summary of Information: The Woodlake Community Association has requested permission from the Board to stage a fireworks display at the Woodlake Pavilion/Amphitheater adjacent to the Swift Creek Reservoir on Saturday of Labor Day weekend, September 3, 2016, with no rain date. Mr. W.G. Bulifant, III, of Dominion Fireworks, who has previously conducted similar displays elsewhere in the county, will personally discharge the fireworks. Woodlake Community Association has conducted fireworks displays since 1995 without incident. Woodlake has submitted evidence of a fireworks liability insurance policy in the amount of $2,000,000, which names the county as an additional insured. The Fire Marshal's Office has reviewed this fireworks request and indicates that it meets the criteria of the Fire Prevention Code. Preparer: Jeffrey L. Mincks Attachments: 1:1 Yes No Title: County Attorney CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA The Fire Marshal and the Director of Utilities have also determined that fireworks displays, such as the one proposed by the Woodlake Community Association, do not have an adverse environmental effect on Swift Creek Reservoir. �o CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 2 s-- '74 AGENDA Meeting Date: May 25, 2016 Item Number: 8-3.4.b. Subiect: Request for a Permit to Stage a Fireworks Display at the Sunday Park Peninsula of Brandermill on Monday, July 4, 2016, Rain Date Saturday, July 16, 2016 County Administrator's Comments: County Administrator: Q Board Action Requested: The Board of Supervisors is requested to approve a permit to stage a fireworks display at the Sunday Park Peninsula at Brandermill on Monday, July 4, 2016; rain date Saturday, July 16, 2016. Summary of Information: The Brandermill Community Association ("BCA") has requested permission from the Board to stage a fireworks display at the Sunday Park Peninsula at Brandermill on Monday, July 4, 2016; rain date, Saturday, July 16, 2016. BCA has retained W. G. Bulifant, III, of Dominion Fireworks, Inc. to discharge the fireworks. Mr. Bulifant is an experienced, capable fireworks discharger who has conducted numerous similar displays at Brandermill and elsewhere in the county. The BCA has submitted evidence of a fireworks liability insurance policy naming the County of Chesterfield as a co-insured party in the amount of $2,000,000. The Fire Marshal's Office has reviewed the request and has indicated that the proposed display meets all applicable criteria under the Fire Prevention Code. In the 16 years that Brandermill has conducted this fireworks display, no safety or fire responses have been necessitated by the fireworks activity. Preparer: Jeffrey L. Mincks Attachments: F]Yes 0 No Title: County Attorney CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA The Fire Marshal and the Director of Utilities have also determined that fireworks displays such as the one proposed by BCA do not have an adverse environmental effect on Swift Creek Reservoir. CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 2 AGENDA Meeting Date: may 25, 2016 Item Number: 8.B.5. Subject: Set a Public Hearing Date to Consider the FY2017 Secondary Road Improvement Budget County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to set June 22, 2016, as a public hearing date to consider the Virginia Department of Transportation (VDOT) FY2017 Secondary Road Improvement Budget for Chesterfield County. Summary of Information: VDOT has requested the county to approve their proposed FY2017 Secondary Road Improvement Budget. The budget identifies the specific secondary road improvement allocations for the fiscal year. Each year, VDOT asks the Board of Supervisors to approve the upcoming budget so that it will be in place at the beginning of the fiscal year on July 1. In order to meet VDOT's request, the Board is requested to act on this item at the June 22, 2016 meeting. The FY2017 budget represents the implementation of the second year of the Secondary Road Six -Year Improvement Plan adopted by the Board in May 2015. VDOT estimates $1,027,379 will be available for secondary road improvements in FY2017. Funding for FY2017 has been programmed to the following projects (see Attachment A): Newbys Bridge Road at Burnett Drive Curve Improvement, Nash Road over Rita Branch Bridge Reconstruction, Potts Street Paving, Adventure Hill Lane Paving and Wild Turkey Run Rural Addition. Preparer: Jesse. W. Smith Title: Director of Transportation Attachments: ® Yes No F-1 t14 1�+ CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Summary of Information: (continued) VDOT will draft a revised FY2018-FY2023 Secondary Road Six -Year Improvement Plan for the Board's consideration next year. Recommendation: Staff recommends the Board set June 22, 2016, as the public hearing date to consider the adoption of the attached resolution approving VDOT's proposed FY2017 Secondary Road Improvement Budget as presented. District: Countywide WHEREAS, the Virginia Department of Transportation (VDOT) has submitted its proposed FY2017 Secondary Road Improvement Budget to the county; and WHEREAS, the FY2017 budget represents the implementation of the second year of VDOT's Six -Year Improvement Plan adopted by the Board in May 2015. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors approves the FY2017 Secondary Road Improvement Budget as presented by VDOT. aNA any , a lai I I kyj I q 0 10 10110m, PROJECT FROM -TO DESCRIPTION ALLOCATION NEWBYS BRIDGE RD AT BURNETT DR CURVE IMPROVEMENT $279,164 NASH RD AT RrrA BRANCH BRIDGE REPLACEMENT $689,389 POTTS ST PAVING $5,417 ADVENTURE HILL LN PAVING $11,829 WILD TURKEY RUN PAVING $41,5809 1 $1,027,379 iiliiii ,lulu CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA 1749 Meeting Date: May 25, 2016 Item Number: 8.13.5.b. Subject: Set June 22, 2016 for a Public Hearing Regarding Private Individual Onsite Water and Sewage Systems (Wells, Septic Tanks and Alternative Onsite Sewage) Code Amendments County Administrator's Comments: County Administrator: Set June 22, 2016 for public hearing on Private Individual Onsite Water and Sewage Systems (Wells, Septic Tanks and Alternative Onsite Sewage) Code Amendments. Summary of Information: On May 17, 2016, the Planning Commission unanimously recommended approval of the proposed amendments. Details regarding the proposed amendments are attached. Attachments • Background Paper • Attachment A -Clean Proposed Ordinance • Attachment B-Blackline Proposed Ordinance • Attachment C -Public Comments And Staff Responses Preparer: Kirkland A. Turner Title: Director of Planning Attachments: ■ Yes ❑ No # Background Paper PRIVATE INDIVIDUAL ONSITE WATER AND SEWAGE SYSTEMS (WELLS, SEPTIC TANKS AND ALTERNATIVE ONSITE SEWAGE) PROPOSED CODE AMENDMENTS 5/23/2016 Background Paper PRIVATE INDIVIDUAL ONSITE WATER AND SEWAGE SYSTEMS - IMPLEMENTATION OF THE COMPREHENSIVE PLAN PROJECT: As recommended by the comprehensive plan, evaluate existing ordinances relative to private individual water (wells) systems and wastewater (septic tanks and alternative onsite sewage) systems to determine if standards should be updated based upon current technology and if so, amend ordinances appropriately. PROJECT PROCESS The Planning and Health Departments, in concert with the County Attorney's Office, evaluated existing ordinances and determined that amendments would be appropriate to address current technology and eliminate redundancy or conflicts with state requirements. Requirements relative to the use of private systems currently reside in two sections of the County Code, Chapters 12 and 17. On May 17, 2016, the Planning Commission considered the proposed amendments recommended approval. The amendments were posted to the website for public input. Comments received and staffs responses are provided in Attachment C. Those interested in this project are invited to attend public meetings and hearings, and continue to monitor the website for important updates. COMPREHENSIVE PLAN GUIDANCE Moving Forward... The Comprehensive Plan for Chesterfield County (The Plan) provides guidance and direction for meeting the county's needs based upon anticipated growth and development. The Plan suggests that existing ordinances regulating private systems be evaluated and amended where appropriate based upon current technology and to further support recommended growth and development patterns. The Plan provides for a variety of residential categories, as shown within on the Land Use Plan Map. Generally, typical suburban subdivision development is guided to areas served by the public water and wastewater systems. The Plan does, however, support limited development in the south central area (area designated for Residential Agricultural uses at a density of 0.5 units per acre and limited commercial uses) on private individual onsite sewage systems and public water. In the area designated for Residential Agricultural uses, The Plan suggests that residential development on lots smaller than 2 acres would be appropriate with provision of open spaces to preserve rural vistas such as ponds, pastures and wooded areas and to provide for passive recreational areas such as walking and riding trails. In the western area (area designated for Rural Residential/Agricultural and limited commercial uses), The Plan supports new residential dwellings on 5 acre parcels and limited commercial uses with use of private individual onsite water and wastewater systems. 1 Background Paper PRIVATE INDIVIDUAL ONSITE WATER AND SEWAGE SYSTEMS - IMPLEMENTATION OF THE COMPREHENSIVE PLAN County History of Private and Public Wastewater Systems Ordinances Commencing in the early 1970's, the county's growth management strategy was to control typical suburban residential growth and development through lot size requirements for dwellings developed on private onsite water and wastewater systems. Over the years, required lot sizes have been incrementally increased from 20,000 square feet to 43,560 square feet (1 acre) for use of private onsite utility systems. Some of the shifting in lot size requirements was to control the amount of "road stripped lots" created outside of the typical zoning and subdivision process; to address environmental concerns related to private wastewater systems; and to ensure sufficient land availability to support private systems. In essence, the lot size requirements were not specifically driven by the need to have a large lot to accommodate a septic tank and drainfield, but rather to encourage orderly growth. In later years, the county began to more thoroughly address responsible growth controls through special area plans, such as the Southern and Western Area Plan and the Upper Swift Creek Plan. Special area plans guided orderly and fiscally responsible growth to areas where adequate public facilities and infrastructure exist. As these special area plans were adopted, so too, were amendments to the code requiring mandatory connections to the public utilities systems for new development within the special area plan boundaries. In 2012, with the adoption of Moving Forward... The Comprehensive Plan for Chesterfield County, the principal of tying orderly growth and development to the logical extension of utilities was carried forward, and subsequently implemented, through the adoption of amendments to the utilities ordinances relative to mandatory connections to the public system in certain circumstances. As previously noted, The Plan does support some limited development on private systems and suggests that current ordinances be evaluated and amended where appropriate to address current technology and support recommended land uses. 2 Background Paper PRIVATE INDIVIDUAL ONSITE WATER AND SEWAGE SYSTEMS - IMPLEMENTATION OF THE COMPREHENSIVE PLAN Current Ordinances MANDATORY PUBLIC WATER AND WASTEWATER CONNECTION REQUIREMENTS DWELLING UNITS Recent amendments to the utilities section of the code require dwellings within lot subdivisions which receive plat approval after March 12, 2014 to connect to: (1) the public water system throughout the county; and (2) the public wastewater system in all areas of the county except in the south central area (area designated on The Plan for Residential Agricultural uses). New dwellings within existing lot subdivisions or subdivisions which received plat approval on, or prior to, March 12, 2014 are required to connect to the public system(s): (1) if required by the plat; or (2) if an existing line is within 200 feet of the property and the onsite service line is less than 400 feet to the dwelling. New dwellings on parcels outside of a lot subdivision are required to connect to the public system(s) if the existing line is within 200 feet of the property and the onsite service line is less than 400 feet to the dwelling. Dwellings within multifamily or condominium projects are required to connect to the public systems. currant ordinance RaaidwMal Public walar :: /... Leg -w comwcdon Anes New DmIlino unNs uk MaM A.MaifwW;. s.ftWhdarw x r Cowen Ordkn ReAdemW Public YVastewatw legend New llwMlnq Unlh %! mwwWawaeY brrlePnriY J IL MOana M al elMnw OMM wily f. _ Aw�Yrea a�al�Inlw Mka e. waaaa MNa t. { i r- Background Paper PRIVATE INDIVIDUAL ONSITE WATER AND SEWAGE SYSTEMS - IMPLEMENTATION OF THE COMPREHENSIVE FLAN NONRESIDENTIAL STRUCTURES The code requires new nonresidential structures using domestic water and wastewater to connect to the public system(s) in the areas shown on the maps below. CMrwd0rco. NonmldnJlW WMk Wwb-br � Nwv Xo111pId�rltlN'lllJtlJll�! � �pMd MR"Y No mldertllol Pub". Wow NM l "Mid,0il Sulxft fBS er L9Jd �rvM�Im�tNJnGMR�YnM MGfwI Yan1'rpp�rlybw i L'+ - i C-1 Ordhrrra — No mldertllol Pub". Wow NM l "Mid,0il Sulxft fBS er L9Jd �rvM�Im�tNJnGMR�YnM MGfwI Yan1'rpp�rlybw i L'+ - i 4 Background Paper PRIVATE INDIVIDUAL ONSITE WATER AND SEWAGE SYSTEMS - IMPLEMENTATION OF THE COMPREHENSIVE PLAN PRIVATE INDIVIDUAL ONSITE UTILITY SYSTEM REQUIREMENTS Where use of private individual onsite water or sewage systems are allowed, the use is regulated by Chapters 12 and 17 of the County Code. Dwellings Where use of a private individual onsite water system is allowed, the dwelling must be located on at least 1 acre unless the property is within a subdivision which received plat approval prior to September 14, 1988. If the lot was created prior to that date, a private water system is allowed provided that the other requirements of the ordinance, such as setbacks from private onsite sewage systems, can be met. Where use of a private individual onsite sewage system is allowed, the dwelling must be located on at least 40,000 square feet unless the property was recorded on or prior to January 1, 1991, or received zoning on or prior to February 23, 1989. For lots exempt from the requirement, a private wastewater system is allowed provided that the other requirements of the ordinance, such as setbacks from private water systems, can be met NONRESIDENTIAL STRUCTURES Where use of a private individual onsite water system is allowed, the non-residential structures must be located on at least 1 acre unless the lot was recorded prior to September 14, 1988. If the lot was created prior to that date, a private water system is allowed provided that the other requirements of the ordinance, such as setbacks from private onsite sewage systems, can be met. Where use of a private individual onsite sewage system is allowed, non-residential structures may utilize a septic system if the use does not produce any more than 3,000 gallons of water per day and disposal is limited to waste not anticipated to produce adverse environmental impacts. 5 Background Paper PRIVATE INDIVIDUAL ONSITE WATER AND SEWAGE SYSTEMS - IMPLEMENTATION OF THE COMPREHENSIVE PLAN Proposed Ordinance The proposed ordinances (Attachment A -Clean Proposed Ordinance & Attachment B-Blackline Proposed Ordinance) are designed to address the recommendations of the comprehensive plan as well as to bring the requirements in line with state regulations. In addition, the amendments have been reformatted to be more user friendly. In most instances, in areas where private water systems are used, use of private sewage systems is also common. The need for a 1 acre lot to support use of a well is generally based upon the need for adequate separation between the well and the private sewage system to avoid contamination of the well. Therefore, the amendments do not propose any changes to the lot size requirements for use of private water systems. Conversely, 1 acre is not necessarily needed to support a private individual onsite wastewater system; rather the area needed is based upon the availability of suitable soils to support a primary drainfield site and a reserve drainfield site. Further, since adoption of the existing septic tank and drainfield regulations, new technology has been developed for properties where soils do not support construction of a conventional septic tank and drainfield system. These systems are known as alternative onsite sewage systems (AOSS). While AOSS systems are regulated by state code, the county code makes no mention of them. The proposed amendments add these systems as an acceptable method of sewage disposal for individual lots and include requirements for periodic maintenance. Given this, elimination of lot size requirements for use of private individual wastewater systems is recommended. In general, the recommended amendments: • Eliminate lot size requirements for structures using private individual onsite sewage disposal systems; • Combine all requirements into one section, Chapter 12, thereby eliminating redundancy and discrepancies within the county code; • Eliminate redundancy and discrepancies between the county code and state regulations; • Clarifies that the use of alternative onsite sewage systems (AOSS) is permitted and requires periodic maintenance for such systems; • Provide additional definitions; and • Reformat the ordinance to be more user friendly. By eliminating lot size requirements for structures using onsite sewage disposal systems, there will be opportunities through future ordinance amendments to explore subdivision designs in the south central area of the county in accordance with the recommendations of The Plan. As previously noted, The Plan designates most of the south central part of the county for Residential Agricultural uses at a density of 0.5 units per acre and limited commercial uses with use of public water and private onsite wastewater systems. The Plan suggests that subdivision developments with lots smaller than 2.0 acres would be appropriate with provision of open space that preserves rural vistas such as ponds, pastures and wooded areas and to provide for passive recreational areas such as walking and riding trails. With the 0 Background Paper PRIVATE INDIVIDUAL ONSITE WATER AND SEWAGE SYSTEMS - IMPLEMENTATION OF THE COMPREHENSIVE PLAN elimination of the lot size requirements for private onsite wastewater systems, opportunities for creation of new zoning districts will exist and can be explored through future implementation steps. 7 lasand OSpecial Area Plans Convenience Business Rural Residential/Agricuaural Neighborhood Business, Q Land Use Henrico County Residmtfal Agrieuhural Residential Mixed Use " A%*WAU aWO i Lan Density Residential Community Business Bon Air Spacial Xi Phased Suburban Resi denlnl Community Meted Use Plan Map Arta Plan Suburban Residential 1 General Business Suburban Resitienbel 11 Regional Mixed Use B = Medi. -High Density Residential Corporate OIOcNResearoh a `!'! M1 =High Density Residential DavelopmentlLlght Industrial Powbeten County +`` ipp s The Ahnke/Chippenham Neighborhood Office . Industnal ll� I,1lil A pp Development Ana Pim ll Corporate Once ii Institutional ConservaLVRecreation Mld"lari: " The Eastern Idlothlen Plan City of Ricbmond Notes (See Land Use Plan Map Notes) Plan Co�urthooua�A_n Operational Areas Road" Esanml Route 360 Runway AppmadlAreas G Corridor Plan The INorthern) \\\` Specific Mash Planned/Land Aggregation Areas ;_,. ya Jefferson Dwls �ENice Gateway Business Area itfdr dor Plan Halorc Courthouse Design Arora Site Specifm Notes (with corresponding number) * Waterfront Opportunity Sites County �. MMES qMA The Chester Plan - Beach Rd. to Amdlo County ♦ ' I lies City County 6 O O5 © City M Hopearell nor George County CHY aI 'Colonft ' Heyhts River Rd r 3 wu , f, Ettr" VSU gnwlddH County , -,,. Spedel Ana Plan TMs a a draRAmmap product produced by pm Chesterfield County Mtrrsburg Planep D"Onrnent. Re iwd ll to -2015. land use.1-6caaora and boudaras strould W conMnad by the 0 075 1.5 0 4.5 a N Ramxq Derwnmern. Mlas 7 Attachment A -Clean Proposed Ordinance AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 12-1, 12-2, 12-3, 12-4, 12-11, 12-12, 12-13, 12-14, 12-15, 12-51, 12-52, 12-53, 17-9, 17-51, 17-72, 17-83, 17-85, AND 18-69; AND REPEALING SECTIONS 12-16, 12-17, 12-18, 12-19, 12-20, 12-21, 12-22, 12-23, 12-24, 12-25, 12-26, AND 17-84 RELATING TO ONSITE SEWAGE DISPOSAL SYSTEMS AND PRIVATE WELLS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 12-1, 12-2, 12-3, 12-4, 12-11, 12-12, 12-13, 12-14, 12-15, 12-51, 12-52, 12-53, 17-9, 17-51, 17-72, 17-83, 17-85, and 18-69 of the Code of the Counu of Chesterfield. 1997, as amended, are amended and re-enacted, and Sections 12-16, 12-17, 12-18, 12-19, 12-20, 12-21, 12-22, 12-23, 12-24, 12-25, 12-26, and 17-84 of the Code of the County of Chesterfield. 1997, as amended, are repealed, to read as follows: CHAPTER 12 - HEALTH AND SANITATION ARTICLE I. - GENERAL PROVISIONS Sec. 12-1. Definitions. For the purposes of this chapter, the following words and phrases shall have the following meanings: Approved method of sewage disposal: a properly installed and properly functioning plumbing system connected to either an approved public or privately -owned sewage disposal system; an approved properly installed individual onsite sewage system; or an approved properly installed direct discharge system. Health department: the county health department director or his duly authorized representative. Lot: As defined in Chapter 19.1. Sewage: water -carried and non -water -carried human excrement, and kitchen, laundry, shower, bath, or lavatory wastes, separately or together with such underground surface, storm, and other water and liquid industrial wastes as may be generated from residences, buildings, vehicles, industrial establishments or other places. Sec. 12-2. Location of approved method of sewage disposal. Any approved method of disposal of sewage shall be located and constructed so that it will not endanger a source of drinking water, or be accessible to flies, other insects or animals. 2723:96312.2 Attachment A -Clean Proposed Ordinance Sec. 12-3. Approved methods of sewage disposal required for premises used for human habitation and other uses occupied by humans. Any building or structure used for human habitation, any warehouse, public building, or other place where human beings congregate or are employed shall not be used, occupied, rented, or leased unless and until such building or structure is supplied or equipped with an approved method of sewage disposal. Sec. 12-4. Sewage disposal systems designed to serve three or more connections. Sewage disposal systems which are designed to serve three or more connections and which are not under the jurisdiction of the department of utilities shall not be constructed unless approved by the board of supervisors, the health department, and the environmental engineering department. ARTICLE II. ONSITE SEWAGE DISPOSAL SYSTEMS Sec. 12-11. Definitions. For the purposes of this article, the following words and phrases shall have the following meanings: Alternative Onsite Sewage System or AOSS: a treatment works that is not a conventional onsite sewage system and does not result in a point source discharge. Accessory Structure: a structure other than the principal structure; it includes, but is not limited to, a shed, garage, carport, deck, ramp, barn, or gazebo. Buildable footprint: the portion of the building envelope depicted on plats or plans to be occupied by the structure, and that demonstrates the ability to comply with all standards for onsite sewage systems and not encroach upon the approved system. Conventional Onsite Sewage System or COSS: a treatment works consisting of one or more septic tanks with gravity, pumped, or siphoned conveyance to a gravity distribution subsurface drainfield. Onsite Sewage System: treatment works designed not to result in a point source discharge. A system includes reserve area, sewer line, septic tank, treatment unit, conveyance line, distribution box, header line, drainfield, trenches, and disposal area. Onsite Soil Evaluator: an individual licensed by the Department of Professional and Occupational Regulation as an Onsite Soil Evaluator. The person is licensed to evaluate soils and soil properties in relation to the suitability of the soils for locations for onsite sewage systems. 2723:96312.2 2 Attachment A -Clean Proposed Ordinance Professional Engineer or PE: an individual licensed by the Department of Professional and Occupational Regulation as a Professional Engineer. Repair system: an existing onsite sewage system that is either being repaired or replaced because of a system failure. Reserve area: secondary drainfield site to be maintained as a site for a repair system. Sec. 12-12. Conditions under which onsite sewage systems are allowed. Subject to the provisions of Chapter 18, onsite sewage systems may be used for sewage disposal subject to the requirements of the Code of Virginia and as outlined herein. Sec. 12-13. Onsite sewage system regulations. 1. Subdivision Construction Plans or Residential Parcel Subdivision Final Plats. a. At the time of submission of construction plans or residential parcel subdivision final plats, the subdivider shall submit a report for each proposed lot certifying that all proposed onsite sewage system sites on lots comply with the health department regulations and this chapter. The report shall be prepared by an onsite soil evaluator and include information required by the health department and in accordance with the Code of Virginia. b. The subdivider shall provide sufficient information regarding the location of the proposed onsite drainfield sites such that the health department can field verify the findings of the onsite soil evaluator. The sites shall be well marked on the lot. At the request of the health department, the onsite soil evaluator shall accompany the health department to the proposed drainfield and reserve area sites to locate them. The final plat will not be approved until the onsite review is completed. The health department shall advise the director of planning when the onsite review is completed and the plat is acceptable to the health department. 2. Building Permit. When any method of sewage disposal other than public wastewater is proposed, the building official shall not issue a building permit until after the health department has issued a permit to construct an onsite sewage system or other method of sewage disposal. The building permit shall state any restrictions or qualifications of the health department approval. Further, until the health department approves it, the building official shall not issue a building permit for any of the features shown in Table 1 in Section 12-13.6 when the property on which the feature is to be located or any adjacent property has a private onsite sewage system. 3. Except as stated below, a primary drainfield area and a reserve area shall be provided. The reserve area shall have capacity at least equal to that of the primary drainfield site; however, the health department may waive the requirement for a lot recorded prior to October 1, 1989 if sufficient space does not exist to accommodate the reserve area. 2723:96312.2 Attachment A -Clean Proposed Ordinance 4. No portion of a septic system serving a lot or parcel of property may be located on another lot or parcel of property, unless such portion is located within a recorded easement. 5. An onsite sewage system serving a residential dwelling unit shall be designed for, and constructed with, the ability to dispose of waste from a garbage disposal unit. A conventional onsite sewage system accommodating a garbage disposal shall have a 1,250 -gallon septic tank installed between the disposal unit and the designed septic tank. 6. Setbacks. Onsite sewage systems installed after (DATE OF ADOPTION) shall be set back from features located both onsite and offsite as outlined in Table 1. Further, any feature shown in Table 1 constructed after (DATE OF ADOPTION) shall be set back from onsite sewage systems the distances as outlined in Table 1. However, a repair system may encroach into the setbacks shown in Table 1 provided the encroachment is no further into the required setbacks than the existing system. The health department may grant exceptions to these setback requirements based upon unique circumstances such as, but not limited to, environmental constraints, topography, or other physical features, provided that such exceptions shall not result in noncompliance with state regulations. Feature I pSetback(qfeet) Accessory structure 10 Basement 20 Building foundation 10 Irrigation system 10 Pool -above ground 10 Pool -in ground 20 Private well 50 Property line 10 Retaining wall 5 Utility line -in ground 10 7. Prohibitions. 2723:96312.2 4 Attachment A -Clean Proposed Ordinance a. The following materials shall not be disposed of in an onsite sewage system: • Hazardous chemicals as defined by Statewide Fire Prevention Code; • Petroleum products; • Insecticides; • Fungicides; • Embalming fluids; and • Photography developing fluids. b. No part of an onsite sewage system shall be covered with a building; garage; or relatively or completely impervious structures such as driveways, patios, blacktop or other hard -surfaced areas or stationary built -in-place outdoor cooking facilities. The health department may grant exceptions to this prohibition if the system is designed to withstand specified loads and contains approved access manholes to each section of the system. c. Onsite sewage system sites shall not encroach into, or be encroached upon, by easements, resource protection areas, buffers or construction limits of roads. d. A garbage disposal unit shall not be connected to an onsite sewage system except as provided in Section 12-13.5. Sec. 12-14. Maintenance and repair of onsite sewage systems. 1. Conventional onsite sewage systems which do not require a Virginia Pollution and Discharge Elimination System (VPDES) permit shall be maintained as follows: a. the system shall be pumped out at least once every 5 years; or b. the owner shall submit documentation from an operator or onsite soil evaluator that the septic system has been inspected, is functioning properly, and the tank does not need to be pumped for at least 2 years. 2. If public wastewater is not available, an existing onsite sewage system for an existing building shall be permitted to be replaced in the same general location provided the new system conforms to all other applicable regulations. If public wastewater is available, connection to the public system shall be required if the existing system requires replacement. 3. Alternative onsite sewage systems shall be maintained in accordance with state regulations. 2723:96312.2 Attachment A -Clean Proposed Ordinance 4. Failure to Maintain. If the county administrator, or an official designated by him, determines that a system has not been maintained in accordance with requirements 1 through 3 of this section, the health department shall notify the property owner of the violation and the requirement to correct the violation. The notice shall be sent by certified mail, return receipt requested, to the address of the owner listed in the real estate tax records. If the violation is not corrected within 30 days after the notice, the county administrator or his designee may correct the violation. The cost of such correction plus an administrative fee shall be billed to the property owner. If not paid within 30 days, the costs shall be added to and collected in the same manner as the real estate tax on the property. In addition, the county administrator or his designee shall certify to the clerk of the circuit court that the costs have not been paid and the clerk shall record such in the judgment lien docket book. 5. Contractor Requirements. a. Equipment. Equipment for cleaning operations shall be inspected and approved by the health department and conform to the following: • the tank into which the sludge is pumped, delivered, and carried shall be fully enclosed and watertight; • inlets and outlets to tanks shall be fully enclosed and provided with watertight valves; • suction and discharge hoses shall be watertight and provisions shall be made for carrying the equipment to prevent any leakage from the hose; • exposed surfaces shall be painted and maintained in a sanitary condition by frequent washings; and • the name and address of the person owning or operating the equipment and the number assigned by the health department shall be painted on the equipment in letters at least 4 inches high. b. Disposal of Sludge. Sludge and other material removed from onsite sewage systems shall be disposed of into a sewage system or sewage treatment plant, at such designated locations and under such conditions as may be approved by the health department. All persons who engage in the onsite sewage cleaning business shall provide the health department with the name, address and location of the site where the sludge and other material will be deposited. The health department shall approve the disposal site before any disposal takes place. The sludge or other material shall be carefully deposited, and the surface of the ground, manholes and tanks into which the deposit is made shall be maintained in a sanitary condition. Spilled sludge or other material shall be promptly and completely removed. Sec. 12-15. Abatement of unsanitary conditions. If any person violates this article or the provisions of a permit issued pursuant to this article, or if an onsite sewage system, privy, closet, toilet, drainage system, or any part thereof is found 2723:96312.2 6 Attachment A -Clean Proposed Ordinance to be detrimental to life or health, the health department shall issue an order to the owner and/or occupant of the premises to abate, remove, suspend, alter, improve or otherwise correct the condition or violation specified in the order. Secs. 12-16-12-40. Reserved. ARTICLE IV. PRIVATE WELLS Sec. 12-51. Definitions. For the purposes of this article, "private wells " means a source of supplying water to one lot. Sec. 12-52. Conditions under which private wells are allowed. Subject to the provisions of Chapter 18, private wells may be used to provide water for domestic consumption subject to the requirements of the Code of Virginia, and as outlined herein, provided that any lot recorded on or after September 14, 1988 is at least 1 acre in size. Sec. 12-53. Private well regulations. 1. Residential Subdivision. If required by the health department, a hydrologic study for a proposed residential subdivision shall be conducted which provides a scientific determination of the quality and quantity of potable water in the underlying aquifer under both normal and drought conditions. 2. Building Permit. For lots to be developed with private wells, developed springs, or cisterns, the building official shall not issue a building permit until after the health department has approved the location, facility and water completion report. The building permit shall state any restrictions or qualifications of the health department approval. No portion of a private well or water line serving a private well shall be located on another lot unless such portion is located within a recorded easement. 4. Setbacks. Wells installed after (DATE OF ADOPTION) shall be set back from features located both onsite and offsite as outlined in Table 1. Further, any feature shown in Table 1 constructed after (DATE OF ADOPTION) shall be set back from wells the distances as outlined in Table 1. However, a replacement well may encroach into the setbacks shown in Table 1 provided the encroachment is no further into the required setbacks than the existing well. The health department may grant exceptions to these setback requirements based upon unique circumstances such as, but not limited to, environmental constraints, topography, or other physical features, provided that such exceptions shall not result in noncompliance with state regulations. 2723:96312.2 Attachment A -Clean Proposed Ordinance Feature Setback feet Class III C or IV Private Well Class III A or B Private Well Accessory structure 50 50 Building foundation 50 50 Drainfield or reserve area 100 50 Onsite sewage system drainfield or disposal area 50 50 -(except Pool 10 10 line 50 25 -Property lines, in ground 10 10 -Utility Other Contaminant sources* 100 50 *The term "other contaminant sources" includes, but is not limited to, underground storage tanks, animal containment areas and hog lots. 2723:96312.2 Attachment A -Clean Proposed Ordinance CHAPTER 17 SUBDIVISION Sec. 17-9. Fees. In addition to any other required fees, including those fees imposed by state agencies, the fees provided in this section shall be submitted to the planning department in conjunction with the specified application or request. Application Type Fee (in dollars) Preliminary Subdivision Plat Initial Submittal plus 2 Revision Submittals 1000 plus 50 per lot Fourth and Subsequent Submittals 900 Overall Conceptual Plan (submitted for review separate from Preliminary Subdivision Plat) Initial Submittal plus 2 Revision Submittals 1100 Fourth and Subsequent Submittals 900 Construction Plan Review Initial Submittal plus 2 Revision Submittals 1400 plus 70 per lot or parcel Fourth and Subsequent Submittals 1000 Table Review 350 Construction Plan Adjustment 500 per submittal Lot Subdivision Final Plat 1600 plus 30 per lot Minor Subdivision Final Plat 1600 plus 30 per lot Amended or Line Modification Final Plat 85 per lot or parcel Residential Parcel and Family Subdivision Final Plat 100 per lot or parcel Onsite Sewage System Soils Analysis Review 155 per lot or parcel Major Change to Approved Plat 1000 per submittal Technical Correction Letter per Requested Change 100 Exceptions to Subdivision Requirements Sec. 17-8 1000 per ordinance section Deferral Request by Applicant from Planning Commission Public Hearing/Meeting 1000 for first deferral plus 2000 for each deferral thereafter Written Verification of Subdivision or Subdivision Interpretation 150 Eifee is in addition to fees applicable to a subdivision plat review. MIX61 2723:96312.2 Attachment A -Clean Proposed Ordinance Sec. 17-51. Residential parcel subdivision final plat. B. Procedure. 3. Residential parcel subdivisions shall be reviewed by the director of planning and the following personnel, as applicable: a. The director of transportation, if any proposed lot or parcel abuts an existing street. Right-of-way shall be dedicated along existing streets adjacent to all proposed lots or parcels, as required by the director of transportation. b. The director of environmental engineering, for review of storm drainage and environmental features authorized by the Code. c. The health department, if any proposed lot or parcel would be served by private wells or onsite sewage systems. d. The director of utilities, if any proposed lot or parcel would be served by public water or sewer. e. The utilities right-of-way office for street right-of-way dedication and utility easement review. f. The fire marshal, to verify compliance with Chapter 10, Fire Protection Code and Sec. 17-76 for street access requirements. 000 Sec. 17-72. Improvements --Required. Sec. 17-83. Minimum requirements. B. Lots or parcels to be served by onsite sewage systems or private wells shall comply with the regulations of the state health department and Chapter 12 of the Code. For subdivisions utilizing onsite disposal sewage systems, the final plat shall contain the following language: Conventional and alternative onsite sewage systems shall be maintained (including pump -out or inspection requirements) in accordance with county code and state regulations. 2723:96312.2 10 Attachment A -Clean Proposed Ordinance Sec. 17-84. Reserved. Sec. 17-85. Definitions. D. The following definitions shall apply to this chapter: Buildable footprint: The portion of the building envelope depicted on plats or plans to be occupied by the structure, and that demonstrates the ability of the subdivider to comply with Chapter 12 relative to onsite sewage systems and private wells, and the requirements of Chapter 10, Fire Protection Code relative to fire access. Onsite sewage system: As defined in Chapter 12, Article II of the Code. • • 1 Well, private: As defined in Chapter 12, Article IV of the Code. CHAPTER 18 — WATER AND SEWERS Sec. 18-69. Substances that shall not be deposited in the wastewater system. No person shall discharge, deposit or permit to be discharged or deposited any of the substances listed in section 12-13.7.a into the wastewater system, except in accordance with article IV. (2) That this ordinance shall become effective immediately upon adoption. 2723:96312.2 11 Attachment B-Blackline Proposed Ordinance AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 12-1, 12-2, 12-3, 12-4, 12-11, 12-12, 12-13, 12-14, 12-15, 12-51, 12-52, 12-53, 17-9, 17-51, 17-72, 17-83, 17-85, AND 18-69; AND REPEALING SECTIONS 12-16, 12-17, 12-18, 12-19, 12-20, 12-21, 12-22, 12-23, 12-24, 12-25, 12-26, AND 17-84 RELATING TO ONSITE SEWAGE DISPOSAL SYSTEMS AND PRIVATE WELLS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 12-1, 12-2, 12-3, 12-4, 12-11, 12-12, 12-13, 12-14, 12-15, 12-51, 12-52, 12-53, 17-9, 17-51, 17-72, 17-83, 17-85, and 18-69 of the Code of the County of Chesterfield 1997, as amended, are amended and re-enacted, and Sections 12-16, 12-17, 12-18, 12-19, 12-20, 12-21, 12-22, 12-23, 12-24, 12-25, 12-26, and 17-84 of the Code of the County of Chesterfield 1997, as amended, are repealed, to read as follows: CHAPTER 12 - HEALTH AND SANITATION ARTICLE I. - GENERAL PROVISIONS Sec. 12-1. Definitions. For the purposes of this chapter, the following words and phrases shall have the following meanings: Approved method of sewage disposal: a properly installed and properly functioning plumbing system connected to either an approved public or privately -owned sewage disposal system; an approved properly installed individual onsite sewage system; or an approved properly installed direct discharge system. Health department: t -The county health department director or his duly authorized representative. Lot: As defined in Chapter 19.1. Sewage: water -carried and non -water -carried human excrement and kitchen laundry_ shower, bath, or lavatory wastes, separately or together with such underground surface storm and other water and liquid industrial wastes as may be generated from residences buildings vehicles, industrial establishments or other places. 2723:96312.2 Attachment B-Blackline Proposed Ordinance Sec. 12-2. Location of approved method of sewage disposal. Any approved method of disposal of humane me -+sewage shall be located and constructed so that it will not endanger a source of drinking water., or be accessible to flies, other insects or animals. Sec. 12-3. Approved methods of sewage disposal required for premises used as afor human habitation—,ete: and other uses occupied by humans tale -eve€-aAny building or structure used for human habitation, any warehouse, public building, or other place where human beings congregate or are employed in the w�.�,r shall not be used occupies, rented, or leased eer,upied by any unless and until such building or structure is supplied or equipped with an approved method of sewage disposal. of human exer-ement Sec. 12-4. Sewage disposal systems designed to serve three or more connections. Sewage disposal systems which are designed to serve three or more connections and which are not under the jurisdiction of the department of utilities shall not be constructed unless they have bee* -approved by the board of supervisors, the health department and the environmental engineering department. rr e eetmt-y health a Ft --+, the state health depaftment and the depaftment ef environmental quality water- effiese have aise granted ARTICLE II. —; TIC TANKS AND SE TIGONSITE SEWAGE DISPOSAL SYSTEMS Sec. 12-11. -Definitions. For the purposes of this article the following words and phrases shall have the followiniz meanings: The tefm "septie system" as used in this a4iele fneans a eenventiefial septie tank a -Rd Of: a PHMP sYsten' with a septie tank and pump sta4ien mid with dr-ainfields 18 inehes te 96 inehes Alternative Onsite Sewage Svstem or AOSS• a treatment works that is not a conventional onsite sewage system and does not result in a point source discharge. Accessory Structure: a structure other than the principal structure-, it includes but is not limited to a shed garage, carportdeck ramp barnor gazebo. Buildable footprint: the portion of the building envelope depicted on plats or plans to be occupied by the structure and that demonstrates the ability to comply with all standards for onsite sewage systems and not encroach upon the approved system 2723:96312.2 Attachment B-Blackline Proposed Ordinance Conventional Onsite Sewage Svstem or COSS• a treatment works consisting of one or more septic tanks with gravity, pumped or siphoned conveyance to a gravily distribution subsurface drainfield. Onsite Sewage Svstem: treatment works designed not to result in a point source discharge A system includes reserve area, sewer line septic tank treatment unit conveyance line distribution box, header line, drainfield trenches and disposal area Onsite Soil Evaluator: an individual licensed by the Department of Professional and Occupational Regulation as an Onsite Soil Evaluator. The person is licensed to evaluate soils and soil properties in relation to the suitability of the soils for locations for onsite sewage systems. Professional Engineer or PE: an individual licensed by the Department of Professional and Occupational Regulation as a Professional Engineer. Repair system: an existing onsite sewage system that is either being repaired or replaced because of a system failure. Reserve area: secondary drainfield site to be maintained as a site for a repair system Sec. 12-12. - RestFietions on use of septie system Conditions under which onsite sewage systems are allowed. Subject to the provisions of Chapter 18, onsite sewage systems may be used for sewage disposal subject to the requirements of the Code of Virginia and as outlined herein (a) Fweept as provided elsewhere in this Code, ally jet whirh utijizes a septie systefn !1 \ For- hieh zening is obtained after- Fel.«„e,., 23 1989; (2) Whirsh is-r-eeerded-after- rrta r- , 199 !. shall be no smaller- than 40,000 square feet in size and shall have a minimum jet width ef 12-0 feet at the building line. E*eept as ether -wise provided herein, all nepwesidefitial uses Fer- whieh a building peFmit is issued after- the efferative date of this aftiele shall be prohibited ffem using septie systems. (b) A fienr-esidential use may utilize a septie system if the dir-eeter- of the health depai4meat finds that e met- 2723:96312.2 • •........... . •. 2723:96312.2 Attachment B-Blackline Proposed Ordinance 1. Subdivision Construction Plans or Residential Parcel Subdivision Final Plats. a. At the time of submission_ of construction plans or residential parcel subdivision final plats, the subdivider shall submit a report for each proposed lot certifying that all proposed onsite sewage system sites on lots comply with the health department regulations and this chapter. The report shall be prepared by an onsite soil evaluator and include information required by the health department and in accordance with the Code of Vir ig_nia. b. The subdivider shall provide sufficient information regarding the location of the proposed onsite drainfield sites such that the health department can field verify the findings of the onsite soil evaluator. The sites shall be well marked on the lot. At the 2723:96312.2 IN . PRIM . 1. Subdivision Construction Plans or Residential Parcel Subdivision Final Plats. a. At the time of submission_ of construction plans or residential parcel subdivision final plats, the subdivider shall submit a report for each proposed lot certifying that all proposed onsite sewage system sites on lots comply with the health department regulations and this chapter. The report shall be prepared by an onsite soil evaluator and include information required by the health department and in accordance with the Code of Vir ig_nia. b. The subdivider shall provide sufficient information regarding the location of the proposed onsite drainfield sites such that the health department can field verify the findings of the onsite soil evaluator. The sites shall be well marked on the lot. At the 2723:96312.2 Attachment B-Blackline Proposed Ordinance request of the health department, the onsite soil evaluator shall accompany the health department to the proposed drainfield and reserve area sites to locate them. The final plat will not be approved until the onsite review is completed. The health department shall advise the director of planning when the onsite review is completed and the plat is acceptable to the health department. 2. Building Permit. When any method of sewage disposal other than public wastewater is proposed, the building official shall not issue a building_ permit until after the health department has issued a permit to construct an onsite sewage system or other method of sewage disposal. The building_ permit shall state any restrictions or qualifications of the health department approval. Further, until the health department approves it, the building official shall not issue a building_ permit for any of the features shown in Table 1 in Section 12-13.6 when the property on which the feature is to be located or any adjacent property has a private onsite sewage system. 3. Except as stated below, a primary drainfield area and a reserve area shall be provided. The reserve area shall have capacity at least equal to that of the primary drainfield site; however, the health department may waive the requirement for a lot recorded prior to October 1, 1989 if sufficient space does not exist to accommodate the reserve area. 4. No portion of a septic system serving a lot or parcel of property may be located on another lot or parcel of properly, unless such portion is located within a recorded easement. 5. An onsite sewage system serving a residential dwelling unit shall be designed for, and constructed with, the ability to dispose of waste from aag rba a disposal unit. A conventional onsite sewage system accommodating a garbage disposal shall have a 1,250 -gallon septic tank installed between the disposal unit and the designed septic tank. 6. Setbacks. Onsite sewage systems installed after (DATE OF ADOPTION) shall be set back from features located both onsite and offsite as outlined in Table 1. Further, any feature shown in Table 1 constructed after (DATE OF ADOPTION) shall be set back from onsite sewage systems the distances as outlined in Table 1. However, a repair system may encroach into the setbacks shown in Table 1 provided the encroachment is no further into the required setbacks than the existing system. The health department mu grant exceptions to these setback requirements based upon unique circumstances such as, but not limited to, environmental constraints, topography, or other physical features, provided that such exceptions shall not result in noncompliance with state regulations. 2723:96312.2 Feature EPSeltbacRWeetl Accessory structure 10 Basement 20 Building foundation 10 Irrigation system 10 Pool -above ground 10 Pool -in ground 20 Private well 50 Property line 10 Retaininiz wall 5 Utility line-inrg ound 10 7. Prohibitions. Attachment B-Blackline Proposed Ordinance a. The following materials shall not be disposed of in an onsite sewage system: • Hazardous chemicals as defined by Statewide Fire Prevention Code; • Petroleum products; • Insecticides• • Fungicides; • Embalming fluids; and • Photography developing fluids. b. No part of an onsite sewage system shall be covered with a buildine: garage: or relatively or completely impervious structures such as driveways, patios, blacktop or other hard -surfaced areas or stationary built -in-place outdoor cooking facilities. The health department may grant exceptions to this prohibition if the system is designed to withstand specified loads and contains approved access manholes to each section of the system. 2723:96312.2 Attachment B-Blackline Proposed Ordinance c. Onsite sewage system sites shall not encroach into, or be encroached upon by easements, resource protection areas, buffers or construction limits of roads. d. A garbage disposal unit shall not be connected to an onsite sewage system except as provided in Section 12-13.5. Sec. 12-14. .Maintenance and repair of onsite sewage systems. No pef:s a shall in -s ,ll „ o have, allowor- +,tr-aet to installrepair-septie +a -a1 dr-ainfield system in the eeunty individually er- for- anether- per -son withetA first ebtaining a septie system must be designed and appr-eved by the eetinty health depaftfnefA-. 1. Conventional onsite sewage systems which do not require a Virginia Pollution and Discharge Elimination System (VPDES) permit shall be maintained as follows: a. the system shall be pumped out at least once every 5 years: or b. the owner shall submit documentation from an operator or onsite soil evaluator that the septic system has been inspected, is functioning properly, and the tank does not need to be pumped for at least 2 2. If public wastewater is not available, an existing onsite sewage system for an existin building shall be permitted to be replaced in the same general location provided the new system conforms to all other applicable regulations. If public wastewater is available, connection to the public system shall be required if the existing system requires replacement. 3. Alternative onsite sewage systems shall be maintained in accordance with state regulations. 4. Failure to Maintain. If the county administrator, or an official designated by him, determines that a system has not been maintained in accordance with requirements 1 through 3 of this section, the health department shall notify the property owner of the violation and the requirement to correct the violation. The notice shall be sent by certified mail, return receipt requested, to the address of the owner listed in the real estate tax records. If the violation is not corrected within 30 days after the notice, the county administrator or his designee may correct the violation. The cost of such correction plus an administrative fee shall be billed to the property owner. If not paid within 30 days, the costs shall be added to and collected in the same manner as the real estate tax on the property. In addition, the county administrator or his designee shall certify to the clerk of the circuit court that the costs have not been paid and the clerk shall record such in the judgment lien docket book. 5. Contractor Requirements. a. Equipment. Equipment for cleaning operations shall be inspected and approved by the health department and conform to the following: 2723:96312.2 Attachment B-Blackline Proposed Ordinance • the tank into which the sludge is pumped delivered and carried shall be fully enclosed and watertight • inlets and outlets to tanks shall be fully enclosed and provided with watertight valves; • suction and discharge hoses shall be watertight and provisions shall be made for caMing the equipment to prevent any leakage from the hose; • exposed surfaces shall be painted and maintained in a sanitary condition by frequent washings; and • the name and address of the person owning or operating the equipment and the number assigned by the health department shall be painted on the equipment in letters at least 4 inches high. b. Disposal of Sludge. Sludge and other material removed from onsite sewage systems shall be disposed of into a sewage system or sewage treatment plant at such designated locations and under such conditions as mayb_ a approved by the health department. All persons who engage in the onsite sewage cleaning business shall provide the health department with the name address and location of the site where the sludge and other material will be deposited The health department shall al2l2rove the disposal site before any disposal takes place The sludge or other material shall be carefully deposited, and the surface of the ground manholes and tanks into which the deposit is made shall be maintained in a sanitary condition Spilled sludge or other material shall be proMDtly and completely removed Sec. 12-15. —Same — Applient-iens; fee; Abatement of unsanitary conditions. 2723:96312.2 Ow 7M; MOM WN 2723:96312.2 Attachment B-Blackline Proposed Ordinance (b) Per-eeWiefi tests must be eendueted by per -sons appr-eved by the eettfAy health IS days of the S„bM iss e i of .. , ..lets ., pl:e„t:e„ f^ a sifigle 1„t r-eques4 o withifi 60 d"s of dhe sub-Hi-ission of a eafnplete applieation for- fnultipie lets within -A 'SIR h_d&A Si R_fl-. (d) After- an ifidividual sewage disposal system peFmit applieation is approved, but befer-e the afneunt ef $125.00. Peff-Rits; sA-All expke 18 M-e-n-ths after- the), afe issued. PeFmits fnay be shall ifist-141-1- an- kidivi dual sewage disposal systeffl- until the empir-ed pe -P -4 -i -it is; r_vfievoed ifi writing ZD If any person violates this article or the provisions of a permit issued pursuant to this article, or if an onsite sewagesystem, privy, closet, toilet, drainagesystem, or any part thereof is found to be detrimental to life or health, the health department shall issue an order to the owner and/or occupant of the premises to abate, remove, suspend, alter, improve or otherwise correct the condition or violation specified in the order. See. 12 16. General speeifleationsv. The septic-, s—Rid-c- dd-r-ai-n-Ifield systefn shall be built in aeeer-danee with the plans Shewli e , and a fn&xifnufn depth of 96 inehes. (b) All lets most be ,.,....ledor-engineered to pr-eve,..t . ,ate,. fiem dr-ai,,;,..g t. ward e ept:e fiek 2723:96312.2 Attachment B-Blackline Proposed Ordinance eenneeted to a septie systefn by a sepafate uaoseptie 1,250 gallon septir. tank ifistalled between the , afiether- let or- par -eel of pr-6peny, tmiess- easefnent. sueh pef4ivri is i6eateda +zthirl—a r-eeer ded ; 2723:96312.2 10 Attachment B-Blackline Proposed Ordinance with —icrccm cry--vr 7paties, blaekep or- other- hard sur -fared areas or- statienafy built ift plaee outdoor- eeeking f4eilities or- gafages. The eetifit-Y health or- if a" septie tank 7privy,eleset,toilet,drainage shall, 7 systefn, or- any part ther-eef is feufld te be detrimev.4nl to life r health, t the health `ie«n«4ment shall an o issue .. e«ae4e the oeoupant of the premises to f 7 suspend, f otherwise rae"erat the (a) Emeept as pfevided in this 7 shall, 7 2723:96312.2 11 Attachment B-Blackline Proposed Ordinance A- h- t -A i H -A pefmit ffefn the-eeunty health deft ekeeith depeAffiensha'z�suo sueh peFmits te applie—Ants ;Ahem it finds qualified. Pefmits shall b -o F -A -VA -ked ..+ aiiy +;.....e by the health Elep ..tfnefit f .. fail:..,, be r-eiiewed afmually, afid fnay t atis , the prravisiefis eo this wo - - A- h- t -A i H -A pefmit ffefn the-eeunty health deft ekeeith depeAffiensha'z�suo sueh peFmits te applie—Ants ;Ahem it finds qualified. Pefmits shall b -o F -A -VA -ked ..+ aiiy +;.....e by the health Elep ..tfnefit f .. fail:..,, be r-eiiewed afmually, afid fnay t atis , the prravisiefis eo this 2723:96312.2 12 Attachment B-Blackline Proposed Ordinance See. 12 26. Disposition of . No per -son shall dispose of the sludge afid other- fn-ate--4-al F-e-PRA-ved fiam septie depesiting it inte a sewer -age systefn ef: sewage tr-eatmef4 plant, M sueh designated ta-mks e*eept-by leeatiefis and the business ef eleaning septie tanks shall pr-evide the heaM depai4fnefit with ,l Y ..,.,aftent shall.,YYM a the ,1:s Y .,1 site bef «e em) . disposal r., WEes nlee the fiafne, address The sludge or-tl, .nnter-i l shall be . ,.efull,. .leposite.l and the ,,.F .,e of the «ezz fnaMeles and tanks inte w-hieh the deposit is fnade shall be fAaiataiaed iR a semi", eenditiefl. Any sludge or- other- material that is spilled shall be pr-efnptly afid eempletely r-efnaved-- Secs. 124716-12-40. Reserved. ARTICLE IV. - PRIVATE WELLS Sec. 12-51. When private wells allowedDefinitions. (2) in a subdivisien „he tets a pr-epose,l to be a ea by itidividual wells, fie let sl.nn haven afea of less than @fie aer-e. l t .1 hie1., provides .,et:nti fi.l..,~,: e ets„nen e f thquality t„ n.l K��J Y quantity e f pet J .. weAer- in the n,le..l,,:ng aquifer- , nde.. beth iieFmal and ,1..,.,,ght nditions f .. the ., e 1 /A\ Prior -t obtaining , building permit, a well sh ll be installed,tested and approved enol, e.o lot er- par -eel, For the purposes of this article 'private wells " means a source of supplying water to one lot. 2723:96312.2 13 Attachment B-Blackline Proposed Ordinance Sec. 12-52. ExenptienConditions under which private wells are allowed. P.M. -T.7"IM -, I M. M. TT Subject to the provisions of Chapter 18, private wells may be used to provide water for domestic consumption subject to the requirements of the Code of Virginia, and as outlined herein, provided that any lot recorded on or after September 14, 1988 is at least 1 acre in size. Sec. 12-53. PeFnnt-feePrivate well regulations. life ,..� 1. Residential Subdivision. If required by the health department, a hydrologic proposed residential subdivision shall be conducted which provides a scientific determination of the quality and quantit�of potable water in the underlying aquifer under both normal and drought conditions. 2. Building Permit. For lots to be developed with private wells, developed springs, or cisterns, the building_ official shall not issue a building_ permit until after the health department has approved the location, facility and water completion report. The building permit shall state any restrictions or qualifications of the health department approval. 3. No portion of a private well or water line serving a private well shall be located on another lot unless such portion is located within a recorded easement. 4. Setbacks. Wells installed after (DATE OF ADOPTION) shall be set back from features located both onsite and offsite as outlined in Table 1. Further, any feature shown in Table 1 constructed after (DATE OF ADOPTION) shall be set back from wells the distances as outlined in Table 1. However, a replacement well may encroach into the setbacks shown in Table 1 provided the encroachment is no further into the required setbacks than the existing well. The health department mu grant exceptions to these setback requirements based upon unique circumstances such as, but not limited to, environmental constraints, topography, or other physical features, provided that such exceptions shall not result in noncompliance with state regulations. 2723:96312.2 14 Attachment B-Blackline Proposed Ordinance *The term "other contaminant sources" includes, but is not limited to, underground storage tanks, animal containment areas and hog lots. 2723:96312.2 15 Attachment B-Blackline Proposed Ordinance CHAPTER 17 SUBDIVISION Sec. 17-9. Fees. In addition to any other required fees, including those fees imposed by state agencies, the fees provided in this section shall be submitted to the planning department in conjunction with the specified application or request. Application Type Fee (in dollars) Preliminary Subdivision Plat Initial Submittal plus 2 Revision Submittals 1000 plus 50 per lot Fourth and Subsequent Submittals 900 Overall Conceptual Plan (submitted for review separate from Preliminary Subdivision Plat) Initial Submittal plus 2 Revision Submittals 1100 Fourth and Subsequent Submittals 900 Construction Plan Review Initial Submittal plus 2 Revision Submittals 1400 plus 70 per lot or parcel Fourth and Subsequent Submittals 1000 Table Review 350 Construction Plan Adjustment 500 per submittal Lot Subdivision Final Plat 1600 plus 30 per lot Minor Subdivision Final Plat 1600 plus 30 per lot Amended or Line Modification Final Plat 85 per lot or parcel Residential Parcel and Family Subdivision Final Plat 100 per lot or parcel Onsite Sewage Disposal System Soils Analysis Review 155 per lot or parcel Major Change to Approved Plat 1000 per submittal Technical Correction Letter per Requested Change 100 Exceptions to Subdivision Requirements Sec. 17-8 1000 per ordinance section lil Deferral Request by Applicant from Planning Commission Public Hearing/Meeting 1000 for first deferral plus 2000 for each deferral thereafter Written Verification of Subdivision or Subdivision Interpretation 150 [11 This fee is in addition to fees applicable to a subdivision plat review. 2723:96312.2 16 Sec. 17-51. Residential parcel subdivision final plat. B. Procedure. MX$J 16XIM Attachment B-Blackline Proposed Ordinance 3. Residential parcel subdivisions shall be reviewed by the director of planning and the following personnel, as applicable: a. The director of transportation, if any proposed lot or parcel abuts an existing street. Right-of-way shall be dedicated along existing streets adjacent to all proposed lots or parcels, as required by the director of transportation. b. The director of environmental engineering, for review of storm drainage and environmental features authorized by the Code. c. The health department, if any proposed lot or parcels would be served byrp ivate wells anWor onsite dispest-sewage systems. Nhis-s seetien-shall-inelade a-sep)e€the -rep^ red by See 17 44 for- health. 32 2.1 16-3-.15-. d. The director of utilities, if any proposed lot or parcel would be served by public water or sewer. e. The utilities right-of-way office for street right-of-way dedication and utility easement review. f. The fire marshal, if neeessafy, to verify compliance with Chapter 10. the Fire Pr-evention-Protection Code and Sec. 17-76 for street access requirements. Sec. 17-72. Improvements --Required. 2723:96312.2 17 Attachment B-Blackline Proposed Ordinance adequate itne..,...el" and alit and "drought" „tity of «.t L.le .,te in a nditie.,s for- tL.e the nde«1. figaqUifer- der- tie Under- both 1, 1 111 area under- eensi .9 jW -3. D..:..« t.- e „ F ., buildifig pe ffnit,thete well shall be installed On the l,.t andthe well 4. The the eeffffnenwealth. wa4er- Ghestepfe_d Gode shall be health r-eWiag tested and appr-&ved by the health de tafame„t shall ea fvrao-this-irnr to —well eensti-defien and well depaftfnent; other- petmittia— an ,l' 11v-svvtivro-vf 1 S of the Sec. 17-83. Minimum requirements. B. Lots and -or parcels to be served by onsite disposal -sewage systems or private wells shall comply with the regulations of the -the state health department and See. 17 Q^ ""a Cehapter 12 of the Code. For subdivisions utilizing onsite disposal sewage systems, the final plat shall contain the following language. Conventional and alternative onsite sewage systems shall be maintained (including pump -out or inspection requirements) in accordance with county code and state regulations. Sec. 17-84. Standards Mr- lets andpar-eelsseFved by I- sewage dispe- systemsBejelyeA. F�••f!T�R!'�CT�f!!Pf , FAWATIT11mfrT, r-MMUZOT .Zi._ ,• ••• 1, 1 111 RIM KWrrM5 .9 jW if the profile is unife 2723:96312.2 18 Attachment B-Blackline Proposed Ordinance Sec. 17-85. Definitions. D. The following definitions shall apply to this chapter: Buildable footprint: The portion of the building envelopedepicted on plats or plans to be occupied by the structure, and that demonstrates the ability of the subdivider to comply with all standards f ~ esite dispesal systems, does net o arch upon the approved disposal , hapter 12 relative to onsite sewage systems and private wells, and the requirements of Chapter 10, Fire Protection Code relative to provides fer- fire access eensistent with +4e Cede. 2723:96312.2 19 Mill 1110 Milo. ��. Wr PWIMUMM • • Sec. 17-85. Definitions. D. The following definitions shall apply to this chapter: Buildable footprint: The portion of the building envelopedepicted on plats or plans to be occupied by the structure, and that demonstrates the ability of the subdivider to comply with all standards f ~ esite dispesal systems, does net o arch upon the approved disposal , hapter 12 relative to onsite sewage systems and private wells, and the requirements of Chapter 10, Fire Protection Code relative to provides fer- fire access eensistent with +4e Cede. 2723:96312.2 19 Attachment B-Blackline Proposed Ordinance Onsitedispess�sewa a system: A sewage dispesal system of an), other- sewage tfeatffient by the eounty health depoftment as being in aeeefdanee with the fules and r-egulatiefts-of As defined in Chapter 12, Article II of the Code. Water- supply, individual Well, private. " well ..lying a of water- to one AAs defined in Chapter 12, Article IV of the Code. .z•Z•� CHAPTER 18 — WATER AND SEWERS Sec. 18-69. Substances that shall not be deposited in the wastewater system. No person shall discharge, deposit or permit to be discharged or deposited any of the substances listed in section 12 18 12-13.7.a into the wastewater system, except in accordance with article IV. • • • (2) That this ordinance shall become effective immediately upon adoption. 2723:96312.2 20 ATTACHMENT C PUBLIC COMMENTS AND STAFF RESPONSES PRIVATE INDIVIDUAL ONSITE WATER AND SEWAGE SYSTEMS CODE AMENDMENT (WELLS, SEPTIC TANKS AND ALTERNATIVE ONSITE SEWAGE SYSTEMS) WEB POSTING -PUBLIC COMMENTS AND STAFF RF.SPONSF.S Comment Staff Response I would very much like to talk to someone about existing septic systems Spoke with responder and addressed their and how this proposal would impact those residents. Can you give me concerns contact information? The changes in this ordinance were conceived prior to the Current State Have spoken to responder and addressed legislature likely passage of a law limiting cash proffers. The combination concerns relative to proposed ordinance of this new law with the reduction of size to one half acre for well and will result in "building boom." The septic will lead to aggressive building boom particularly in the western ordinance does not propose changes to the part of the County. Will Planning consider modifying this reduction in recommendations of the comprehensive land size with the passage of the new proffer law? Will Planning consider plan relative to growth and development. additional measures to limit aggressive growth without the ability to The ordinance will accommodate smaller collect proffers to cover infrastructure? With this new law in place it lots in developments at densities in would seem to me the County needs to place additional controls on accordance with the comprehensive plan building rather expanding it wide open. This wide open approach will just with use of private sewage systems. lead to huge real estate tax increases for the residential citizen as we saw prior to the implementation of proffers. The proposed amendment eliminates lot size requirements for structures using individual private onsite disposal systems. Ordinance subsection 17-84, as well as lot size requirements in subsection 12-12.a. are proposed to be eliminated. The comprehensive plan calls for .5 housing units per acre in the south central area of the county; however, removing size requirements from the ordinance leaves the BOS with only the comp plan for guidance. This will potentially lead to more exceptions granted to the comp plan and more housing units. With the state legislature passage of the proffer law, limiting cash proffers, we should not be reducing ordinance requirements that control of the number of housing units. ATTACHMENT C PUBLIC COMMENTS AND STAFF RESPONSES PRIVATE INDIVIDUAL ONSITE WATER AND SEWAGE SYSTEMS CODE AMENDMENT (WELLS, SEPTIC TANKS AND ALTERNATIVE ONSITE SEWAGE SYSTEMS) WEB POSTING -PUBLIC CnMMENTC ANn CTAFF RFcvnwcre Comment Staff Response I've been reading the material posted as Private Individual Onsite Water This proposal only addresses installation of and Sewage Systems (Wells, Septic Tanks and Alternative Onsite Sewage systems in new developments. There is a Systems Code Amendment) on your website and would like to add some separate implementation project which is comments. evaluating the county's public utilities My family lives in the Bexley community. Approximately 40% of the assessment districts and expressed homes built during the early stages of development here (late 1960s concerns would best be addressed through through 1970s) are on septic systems. I've always been puzzled about the that project. developer's decision to put so many homes on septic systems, while public sewer was available across the street in many cases. Perhaps the decision was based on easement issues. In any case, I would greatly appreciate any consideration the county might give toward connecting homes in older neighborhoods like Bexley to public sewer. All of these systems are at the end of a typical septic system lifespan. And replacing all or part of them just seems like the wrong approach given clean water concerns in the area.We have two systems at our home and both are too small, in my opinion. Plus, one system has been failing since we moved here in 1998 (more than likely it was failing before then, but the previous owner was able to do just enough "rejuvenation" work to get it to pass inspection). I contacted the county in 2011 to get information about possibly connecting to the sewer line across the street—probably 150 yards away. I was grateful to get the information quickly, but the cost estimate for me to connect was over $120,000. This was a "worst-case estimate," and I know it could be done much cheaper—but even 1/3 of that amount would be far too expensive for us to consider.I believe Chesterfield County should identify neighborhoods like Bexley that are already in close proximity to public sewer and take a proactive stand to get them off of onsite sewage systems. What worked 40-50 years ago is no longer a valid option, in my opinion, especially for areas just outside of the Richmond city limits with access to existing sewer lines. I appreciate the opportunity to comment on the proposals being considered, and I hope Chesterfield County is willing to consider suggestions about modernizing onsite sewage systems proactively. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: May 25, 2016 Item Number: 8.13.5.c. Subject: Set June 22, 2016 for a Public Hearing Regarding Bon Air Onsite Zoning Ordinance Amendments County Administrator's Comments: County Administrator: Set June 22, 2016 for public hearing on Bon Air Zoning Ordinance Amendments. Summary of Information: On May 17, 2016, the Planning Commission unanimously recommended approval of the proposed amendments. Details regarding the proposed amendments are attached. Attachments • Background Paper • Attachment A -Clean Proposed Ordinance • Attachment B-Blackline Proposed Ordinance • Attachment C -Public Comments And Staff Responses Preparer: Kirkland A. Turner Title: Director of Planninq Attachments: 0 Yes 1-1 No # Background Paper BON AIR ZONING ORDINANCE AMENDMENTS 5/23/2016 Background Paper BON AIR ZONING ORDINANCE AMENDMENT PROJECT: As recommended by the recently adopted Bon Air Special Area Plan, a component of the comprehensive plan, evaluate existing ordinances and amend where appropriate to guide growth and development, as recommended by the plan. PROJECT PROCESS The Planning Department has evaluated existing ordinances and determined that amendments to the Zoning Ordinance would be appropriate to address the Bon Air Special Area Plan recommended design standards. On May 17, 2016, the Planning Commission recommended approval of the proposed amendments. The proposed amendments were posted to the website to obtain public input. Comments received and staff's responses are provided in Attachment C. In addition, all owners of properties within the proposed Bon Air Special Design District have also received notice via first class mail of the proposal. Those interested in this project are invited to attend public meetings and hearings, and continue to monitor the website for important updates. COMPREHENSIVE PLAN GUIDANCE The Bon Air Special Area Plan, a component of Moving Forward... The Comprehensive Plan for Chesterfield County provides guidance and direction for meeting the goal to create a "a walkable village community where residents, businesses and the county work together to maintain and build upon its rich history, natural beauty and high quality of life." To this end, the Plan suggests several implementation steps, one of which is to amend the Bon Air nonresidential design standards of the Zoning Ordinance. Additional details regarding the plan's recommendations can be found in the Bon Air Special Area Plan. Specifically, the Guidelines & Concept Plan suggests the following: ➢ New Development Standards. New development and redevelopment should be compatible with the scale and character of existing neighborhoods, while creating a vibrant and positive community identity through high quality design of buildings and public spaces. o Allow redevelopment of properties along Huguenot Road in a manner that creates an attractive gateway into Bon Air and encourages new neighborhood serving commercial and office uses. o Promote new commercial and/or mixed use redevelopment at the intersection of Forest Hill Avenue and Buford Road that incorporates village scale design characteristics including small-scale, walkable and attractive development. o Promote limited office uses along Forest Hill Avenue between Tinsley Drive and Choctaw Road to include conversion of existing single-family residential or new structures that would serve as a transition between the commercial core and existing neighborhoods. ➢ Streetscapine and Pedestrian Amenities. Develop streetscape standards for new development within the commercial core area that contribute to the village identity and create an attractive and comfortable pedestrian and shopping environment by incorporating features such as pedestrian facilities, pedestrian - scale street lighting and signage, landscaping, and other similar amenities. Support the construction of streetscaping and pedestrian amenities as part of development proposals, as well as part of larger scale, coordinated public projects. 1 Background Paper BON AIR ZONING ORDINANCE AMENDMENT Current Ordinances The existing Bon Air commercial zoning ordinance standards were adopted following the adoption of the 1986 Bon Air Community Plan. The area encompassing the 1986 plan lies within two design districts, Bon Air Special Design District and Post Development Design District. Bon Air Special Design District The Forest Hill Avenue/Buford Road intersection lies within the boundaries of the Bon Air Special Design District. The standards were the first attempt to encourage a more pedestrian oriented commercial environment by allowing minimal building and parking setbacks from the street. Landscaping consisting of large and small deciduous trees between buildings and sidewalks along the road, and evergreen hedgerows between parking and sidewalks along the roads is required. Since the adoption of the current standards, there has been very limited new or re -development. Where it has occurred, the allowance for minimal setbacks along the road adjacent to sidewalks has not been taken resulting in a continuation a suburban development pattern that is highly reliant on the automobile. Post Development Design District The remaining area of the 1986 plan lies within the Post Development Design District. The standards would apply to any nonresidential zoning. Currently, there are no properties within the boundaries which have nonresidential zoning. There is an area along Forest Hill Avenue at the boundary with Richmond zoned Agricultural (A) with Conditional Use occupied by office uses. Those properties would be subject to the zoning conditions and not the Post Development standards. The Post Development Standards have minimal road setbacks and limited architectural requirements. While the 1986 plan as well as the recently adopted plan does not suggest any nonresidential zoning beyond the commercial core at Forest Hill Avenue and Buford Road other than the office uses on Forest Hill adjacent to Richmond, these standards would apply should a nonresidential zoning be granted in the future. 2 Background Paper BON AIR TONING ORDINANCE AMENDMENT Proposed Ordinance Bon Air Special Design District The proposed ordinance amendment (Attachment A -Clean Proposed Ordinance and Attachment B-Blackline Proposed Ordinance) is designed to address the recommendations of the recently adopted Bon Air Special Area Plan and the shortcomings of the current ordinance. The design district } will encompass that area designated for nonresidential use in the recently adopted Bon Air Special Area Plan. The area includes the properties currently subject to special design requirements plus additional properties in the vicinity of Choctaw Road, Tinsley Drive and a property southwest of the intersection of Forest Hill Avenue and McRae Road. Again, the goal of the proposed amendment is to "enhance the village character of Bon Air, ensuring the community's continued desirability as a place to live, work, visit, shop and play. The design standards are intended to create an attractive overall appearance, and to provide safe and enhanced pedestrian and vehicular connectivity to shopping, services, surrounding neighborhoods and public facilities. Standards that encourage wide sidewalks, pedestrian crosswalks and streetscape amenities would enhance the pedestrian experience and community character of Bon Air. Mixed use buildings, with entrances fronting streets, are also encouraged in certain areas. Off-street parking, drives and other automobile -oriented features, where allowed, should be located behind buildings or screened, with vehicular access provided to side roads where possible." The standards build upon those adopted with the 1986 plan. In addition to the design standards, certain automobile oriented uses such as automobile service stations and washes would require a conditional use zoning permit. Further, restaurants would not be allowed drive-in windows without a conditional use zoning approval. Uses would be limited in size so as to maintain the village character. Emerging Growth Development Design District The remaining area would be subject to Emerging Growth Design District Standards should nonresidential zoning be granted. Most of the area, as noted above, is currently subject to Post Development Design District Standards. With the exception of the area on Forest Hill Avenue adjacent to Richmond, the plan does not suggest nonresidential zoning as appropriate. However, should nonresidential zoning be approved, any new development would be subject to the Emerging Growth standards. The Emerging Growth District standards require greater setbacks along roads, increased landscaping and higher architectural design standards than Post Development standards. 3 Attachment A -Clean Proposed Ordinance AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 19.1-52, 19.1-53, 19.1-251, 19.1-263,19.1-341, 19.1-346, 19.1-350, 19.1-351, 19.1-352 & 19.1-570 OF THE ZONING ORDINANCE RELATING TO BON AIR SPECIAL DESIGN DISTRICT. BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19.1-52, 19.1-53, 19.1-251, 19.1-263, 19.1-341, 19.1-346, 19.1-350, 19.1-351, 19.1-352 & 19.1-570 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted, to read as follows: 1 -Clean 1928:96323.2 Attachment A -Clean Proposed Ordinance C. Enumerated Uses. Table 19.1-52.A. outlines the uses permitted by right, with restrictions, as accessory, by Conditional Use, by Special Exception or by Manufactured Home Permit in each zoning district. 111 2. Uses Permitted with Restrictions. b. "R(1)," "R(2)" or "R(3)" indicates that the use is permitted subject to certain restrictions in the respective zoning district. The restrictions for the uses noted with "R(1)," "R(2)," or "R(3)" are listed at Section 19.1-54. If the restrictions in Section 19.1-54. cannot be met, the use may be allowed by Conditional Use. Me] Use Table 19.1-52.A. USES ENUMERATED. P = Permitted by Right R and RS - Per®tied with Restrictions A=Accessory C = Conditional ibe S = Special Exception M= Manufactured Home Pert ZDning Districts R-7 thra SS R -C R -T11 R -MF MH -1 MH -2 MH -3 A 0-1 0-2 C-1 C-2 C-3 C4 C-5 I-1 I-2 I-3 000 Automobile accessory store C R R R P P R(3) R(3) R(3) 000 Automobile wash C R P P C C C 000 Grocery store C R(1) P I R R P P R(3) R(3) R(3) 000 Restaurant, carry -out C R R P P C C C 000 2 -Clean 1928:96323.2 Attachment A -Clean Proposed Ordinance Those uses listed as "R" or "RS" in Table 19.1-52.A. shall be permitted in the respective zoning districts provided that the restrictions as outlined below are met. If the restrictions cannot be met, the use may be allowed in the respective zoning district through either a Conditional Use or Special Exception. 000 Automobile accessory store 1. C-1 District: a. Use is not located in Bon Air Special Design District; or b. Automobile repair or installation of parts does not occur. 2. C-2, C-3 Districts: Use is not located in Bon Air Special Design District. Automobile rental 1. C-2 District: a. Use is not located in Bon Air Special Design District; or b. Automobile repair or sales does not occur. 2. C-3, C-4 Districts: a. Use is not located in Bon Air Special Design District, or within a shopping center unless it was within the center prior to May 26, 2004; b. Elevated display of automobiles does not occur; c. Use is setback 100 feet from adjacent R, R-TH, R -MF or O property, or adjacent A property shown on the comprehensive plan for R, R-TH, R -MF or O uses. The setback is landscaped at a density of 2.5 times Perimeter Landscaping C; d. Garage -type doors are either oriented away from, or screened from view of, adjacent R, R-TH, R -MF or O property, adjacent external roads, or adjacent A property shown on the comprehensive plan for residential or office uses; e. Repair services occur only as accessory to the use, and repair does not include body repair; f. Except for minimal repairs necessary to allow a vehicle to be moved into the service area, repair activities and storage of new or replaced repair materials either occurs inside a building, or the area is screened from view of adjacent R, R-TH, R -MF or O property, adjacent external roads, or adjacent A property shown on the comprehensive plan for residential or office uses; and g. Storage yards for vehicles awaiting body repair, painting, auction or wholesale sales are screened from view of adjacent property on which such yards are not permitted or do not exist, adjacent external roads, or adjacent A property shown on the comprehensive plan for residential or office uses. 3 -Clean 1928:96323.2 Attachment A -Clean Proposed Ordinance Automobile repair excluding body, major engine or transmission C-3, C-4 Districts: a. Use is not located in Bon Air or Chester Special Design Districts; and b. The following requirements are met unless the use was in operation prior to May 26, 2004: • Use is not within a shopping center; • Use is setback 100 feet from adjacent R, RTH, R -MF or O property, or A property shown on the comprehensive plan for R, R-TH, R -MF or O uses. The setback is landscaped at a density of 2.5 times Perimeter Landscaping C; • Except for minimal repairs necessary to allow a vehicle to be moved into the service area, repair activities and storage of new or replaced repair materials shall either occur inside a building, or the area is screened from view of adjacent R, R-TH, R -MF or O properties, adjacent external roads, or adjacent A property shown on the comprehensive plan for residential or office uses; and • Storage yards for vehicles awaiting body repair or painting are screened from view of adjacent property on which such yards are not permitted or do not exist, adjacent external roads, or adjacent A property shown on the comprehensive plan for residential or office uses. Automobile self service station 1. C-1 District: a. Use is accessory to a principal use; b. Use is not located along a road which terminates in a residential neighborhood; and c. Use is not located in Bon Air or Chester Special Design Districts. 2. C-2, C-3, C-4, C-5 Districts: Use is not located in Bon Air or Chester Special Design Districts. Automobile self service station, unmanned C-2, C-3, C-4, C-5 Districts: Use is not located in Bon Air or Chester Special Design Districts. Automobile service station C-3, C-4, C-5 Districts: Use is not located in Bon Air or Chester Special Design Districts. MI Automobile wash C-3 District: Use is not located in Bon Air Special Design District. 4 -Clean 1928:96323.2 Attachment A -Clean Proposed Ordinance Grocery Store C-2, C-3 Districts: In Bon Air Special Design District, the building does not exceed 20,000 square feet of gross floor area per story. Restaurau4 carry out C-2, C-3 Districts: In Bon Air Special Design District, the use does not have a drive-in window or curb service. Restaw=4 fast food or drive-in C-3, C-4, C-5 Districts: a. In Bon Air Special Design District, the use does not have a drive-in window or curb service; or b. Use is not located in Chester Special Design District. Storage, outside 1. C-3 and C-4 Districts excluding the Employment Center Design District: a. Use is not located in the Bon Air Special Design District; b. Outside storage is accessory to a permitted or restricted use; c. Storage area plus any permitted outside display located outside of covered pedestrian ways does not exceed 10 percent of the gross floor area of the principal use. d. Unless restrictions of a specific use address outside storage screening requirements, the area is screened from view of adjacent property on which such uses are not permitted, A property designated on the comprehensive plan for R, R-TH, R -MF, A, O, MH or I-1 uses, and roads; and e. View is minimized from limited access roads through site or architectural design, topography, landscaping, setbacks or other features. 111 1928:96323.2 5 -Clean Attachment A -Clean Proposed Ordinance Notes for Table 19.1-251.B. [1] Healthy existing trees or shrubs may be credited toward landscaping requirements if reasonably distributed throughout the length of the area. [2] Walls or fences with a minimum height of 3 feet may reduce the amount of required plant materials, as determined at the time of plan review. [3] If overhead utility lines conflict with large deciduous trees, such trees shall be placed within planting areas or islands located adjacent to the setback. Such planting areas or islands shall have a minimum size of 300 square feet per required tree. [4] An average 3 foot high undulating berm, designed to provide topographical interest yet maintain reasonable visibility into parking areas, and having maximum side slopes of 3:1 shall be installed within the setback. [5] An evergreen shrub hedgerow that is maintained at a height of 3 to 4 feet for the length of parking areas. [6] Either 1 medium shrub for each 5 lineal feet; a continuous hedgerow; or a continuous white or whitewashed picket fence, with a height of 3 to 4 feet. [7] Either 1 medium shrub for each 5 lineal feet; a continuous hedgerow with a height of 3 feet at time of planting; a continuous decorative wood, PVC or wrought -iron fence with a height of 3 to 4 feet; or a continuous brick wall with a height of 3 to 4 feet. [8] Either a continuous hedgerow with a height of 3 feet at time of planting; or a continuous 5 to 6 foot high screening fence or wall constructed of the same materials used in the building. [9] A continuous evergreen hedgerow that grows to, and is maintained at, a height of 3 to 4 feet for the length of the parking areas. [10]At time of plan review, alternative treatment may be approved based upon reduced averaged setbacks, utility conflicts, or to ensure sign visibility. [ I I ] A double staggered hedgerow of evergreen medium shrubs for the length of parking areas between parking areas and roads, and low shrubs and ground cover in planting beds at entrances. [ 12] Low shrubs and ground cover shall be used appropriately in tree and shrub beds. [ 13] The same or similarly shaped species shall be planted in a linear pattern in front and corner side yard setbacks so as to create a formal landscape theme. [14] Trees shall be planted behind the sidewalk unless determined, at the time of plan review, to be impractical, in which case, they may be installed between the street and the sidewalk. If large trees will conflict with overhead utility lines, small deciduous trees spaced a maximum of 40 feet on center may be planted. [15]In all areas of Midlothian Special Design District, landscaping within setbacks along roads shall conform to The Village of Midlothian Technical Manual, dated September 1991. [16] Tree islands having a minimum width of 7 feet, spaced every 4 parking spaces adjacent to road, and planted with small deciduous trees. 6 -Clean 1928:96323.2 Attachment A -Clean Proposed Ordinance A. Buffers between Different Zoning Districts. 1. Exemptions. The buffers shown in Table 19.1-263.A.1.a. shall not apply to O and C property located in the Ettrick and Bon Air Special Design Districts. 111 The provisions of this division apply to O, C and I zoned property in Emerging Growth Design District as shown on the zoning maps. The Emerging Growth Design District is generally the area as shaded in Figure 19.1-341. 7 -Clean 1928:96323.2 Attachment A -Clean Proposed Ordinance The purpose and intent of the Bon Air Special Design District is to enhance the village character, create an attractive overall appearance and provide for safe and enhanced pedestrian and vehicular connectivity within nonresidential areas and from those areas to surrounding residential and public facilities areas. The provisions of this division apply to O, C and I zoned property within Bon Air Special Design District as shown on the zoning maps. The Bon Air Special Design District is generally the area as shaded in Figure 19.1-351. 8 -Clean 1928:96323.2 Attachment A -Clean Proposed Ordinance A. Building and Parkin. Buildings and parking in the Bon Air Special Design District shall meet the requirements outlined in Tables 19.1-352.A.1. and 19.1-352.A.2.: Table. 19.1-3�,"_'). A. I.0 and C Districts- Bon A I r Special Dcsiun District A. Building Setbacks (feet)[11 /Required Perimeter Landscaping a. Limited access 40/C b. Huguenot Rd. 50/J 1. Road type c. Choctaw Rd. east of Forest Hill Ave., McRae Rd. south of Forest Hill Ave. and Tinsley 15 Drive d. Other roads 8121 a. Adjacent to property designated on the 10/13 2. Interior side yard Comprehensive Plan for residential use b. Adjacent to property designated on the Comprehensive Plan for nonresidential use 0 a. Adjacent to property designated on the 3. Rear yard Comprehensive Plan for residential use 10/13 b. Adjacent to property designated on the Comprehensive Plan for nonresidential use 0 B. Parking Setbacks(feet)['] /Required Perimeter Landscaping a. Limited access 40/C b. Huguenot Rd. 50/J 1. Road type c. Choctaw Rd. east of Forest Hill Ave., McRae Rd. south of Forest Hill Ave. and Tinsley �'� Drive d. Other roads [31 a. Adjacent to property designated on the 10/[41 2. Interior side yard Comprehensive Plan for residential use b. Adjacent to property designated on the 0 Comprehensive Plan for nonresidential use a. Adjacent to property designated on the 10[41 3. Rear yard Comprehensive Plan for residential use b. Adjacent to property designated on the 0 Comprehensive Plan for nonresidential use C. Building Heights (maximum) [Sl Lesser of 2 stories or 30 feet 9 -Clean 1928:96323.2 Attachment A -Clean Proposed Ordinance Notes for Table 19.1-352.A.1. [1] Setbacks may be impacted by Setbacks—Generally, Permitted Yard Encroachments for Principal Buildings, Floodplain and Chesapeake Bay regulations. [2] A minimum of 75% of the fagade shall have a maximum setback of 20 feet. Within a project having more than one building, a minimum of one main building shall be subject to the minimum and maximum setbacks, and setbacks for other buildings may be modified by the director of planning if the site and architectural designs accomplish the purpose and intent outlined in Sec. 19.1-350. [3] Parking shall be located no closer to the road than the front fagade of the building with the least setback from the road. If there is no building on the property, parking shall be setback 20 feet from the road. Within the setback, 3 to 4 foot high decorative walls or fences compatible with the building, evergreen hedges or a combination thereof shall be installed. Hedges shall be maintained at a height of 3 to 4 feet. The director of planning may modify the parking setback requirement if the site is designed to promote the pedestrian character of the area. [4] A 5 foot high decorative solid screen compatible with the building shall be provided along the property line for the length of the parking area. [5] Height limits are subject to Article IV, Division 2. 10 -Clean 1928:96323.2 Attachment A -Clean Proposed Ordinance A. Building Setbacks (feet)['l /Required Perimeter District I-1 I-2 I-3 Landscaping a. Limited access 40/C 40/C 40/C 1. Road type b. Major arterial 75B or 50/C 75B 90B c. Other roads 40/A or 25/C 60/A 90/A 2. Interior side yard a. Adjacent to A, R, R-TH, R -MF or MH 30/A 30/A 30/A b. Adjacent to O, C or I 30/A 30/A or or 10B 108[21 30/A or I O/B121 a. Adjacent to A, R, R-TH, R -MF or MH 40/C 40/C 40/C 3. Rear yard 40/C 40/C 40/C b. Adjacent to O, C or I or 20B or 20/B121 or 20/13 B. Parking Setbacks (feet) /Required Perimeter Landscaping 40/C 40/C 40/C a. Limited access b. Major arterial 75B or 50/C 75B 75B 1. Road type c. Other roads 40/A or 25/C 40/A 40/A 2. Interior side a. Adjacent to A, R, R-TH, R -MF or MH 30/A 30/A 30/A yard b. Adjacent to O, C or I 30/A or l OB 30/A[21 or l OB121 30/A[21 or 10/Bl2] 3. Rear yard a. Adjacent to A, R, R-TH, R -MF or MH 40/C 40/C 40/C b. Adjacent to O, C or I 40/C or 20B 40/C[2] or 20/B 40/021 or 20/B C. Building Heights (maximum) 131 Lesser of 2 stories or 30 feet Notes for Table 19.1-352.A.2. [1] Setbacks may be impacted by Buffer, Setbacks—Generally, Permitted Yard Encroachments for Principal Buildings, Floodplain and Chesapeake Bay regulations. [2] Landscaping not required adjacent to I-2 or I-3 District. [3] Height limits are subject to Article IV, Division 2. 11 -Clean 1928:96323.2 Attachment A -Clean Proposed Ordinance B. Other Required Conditions. 1. Architecture and Building Design. In addition to the requirements of Sec. 19.1-317, the requirements of Sec. 19.1-141.G. for 0-1 property, the requirements of Sec. 19.1-148.F. for C-1 property, buildings shall meet the following architectural requirements: a. Architecture. • Fagades visible to a road or R, R-TH, R -MF, MH, A or O property shall not be constructed of unadorned concrete block, unfinished corrugated metal or unfinished sheet metal; and • Buildings shall be designed to impart harmonious proportions and avoid monotonous facades or large bulky masses, and possess architectural variety while still maintaining compatibility with existing structures, especially those of high historic interest within the boundaries of the Bon Air Special Area Plan. Buildings shall enhance an overall cohesive character as reflected in existing structures through the use of design elements including, but not limited to: materials, balconies, terraces, articulation of doors and windows, sculptural or textural relief of facades, architectural ornamentation, varied roof lines, or other appurtenances such as lighting fixtures and landscaping. b. Storefront Windows and Pedestrian Entrances. In the area designated for Neighborhood Business, the first floor of any building located within 30 feet of a road shall incorporate storefront windows, and pedestrian entrances that either connect directly to the sidewalk along the road or to a sidewalk that connects to the sidewalk along the road. A maximum of 10 linear feet along the front fagade of the principal building shall be without windows or pedestrian entrances. The bottom of windows shall be no lower than 18 inches and no higher than 36 inches above finished grade. c. Intersection of Forest Hill Avenue and Buford Road. At each quadrant of the intersection, buildings shall incorporate a significant architectural element such as a bell tower, clock tower or other vertical element and a minimum of 400 square feet of decorative hardscape area designed to promote the pedestrian character of the area. The architectural element shall be a minimum of 12 feet taller than the main building height unless modified by the director of planning based upon an alternative design that accomplishes the intent of this provision. 2. Size of Individual Uses. Except for 0-1 and C-1 property which shall be subject to the size limitations in Sec. 19.1-141.F. and Sec. 19.1-148.E. respectively, and grocery stores which shall be subject to the size restrictions in Sec. 19.1-53., individual buildings shall not exceed 12,000 square feet of gross floor area per story. 12 -Clean 1928:96323.2 Attachment A -Clean Proposed Ordinance 3. Sidewalks and Pedestrian Amenities. Sidewalk and pedestrian amenities shall be provided along roads and as pedestrian connections from projects to adjacent development. The exact location, treatment, design and use of sidewalks and pedestrian amenities shall be determined at time of site plan review. Prior to site plan approval, easements, acceptable to the planning department, shall be recorded across such improvements to allow public use. a. Sidewalks. Concrete sidewalks, with a minimum width of 5 feet, shall be provided within the right-of-way along roads in conjunction with adjacent development. b. Hardscaped Pedestrian Areas. In areas designated for neighborhood business on the comprehensive plan, for a building within 20 feet of a road with any portion of the building set back beyond 8 feet from the road, a decorative hardscaped pedestrian area shall be installed. The hardscaped area shall have a length equal to at least one-half the length of the building facade that is set back greater than 8 feet. The hardscaped area shall extend from such facade to as close as possible to the sidewalk along the road. Hardscaped pedestrian areas shall be designed to facilitate, and include amenities to support, outdoor gatherings and activities such as outdoor display of goods sold on the premises, dining, temporary vendors, civic or community events, or seating areas. The areas may also include, but are not limited to, pedestrian amenities such as foundation plantings, street furnishings, benches, bike racks and trash receptacles. 4. Street Trees. Street trees shall be installed along roads in conjunction with adjacent development in accordance with Sec. 19.1-252. 5. Exterior Lighting. In addition to the requirements of Sec. 19.1-205, lighting shall meet the following standards: a. Streetlights. Along sidewalks adjacent to roads, pedestrian scale streetlights shall be installed as follows: • Streetlights shall be designed to enhance the pedestrian character of the design district The design of fixtures, poles and lamps shall be generally consistent in the Special Design District; • Streetlights shall be spaced generally 40 feet on center; and • Fixture mounting heights shall be between 12 and 15 feet above finished grade. The mounting height shall be generally consistent in the Special Design District. b. Other Exterior Lighting. With the exception of pedestrian scale streetlights, exterior lighting shall comply with the following: • Exterior lighting shall be designed to enhance the character of the design district and be compatible with development standards of the district; • Freestanding lights shall not exceed a height of 20 feet above finished grade; and 13 -Clean 1928:96323.2 Attachment A -Clean Proposed Ordinance Building mounted lighting shall be no higher than the roofline or parapet wall. 6. Drive-in or Drive-through Facilities. Drive-in or drive-through facilities to include windows, bays or similar uses shall be located or designed so as to minimize their view from roads. For the purposes of this chapter, the following words and phrases shall have the following meanings: Design districts, special: Areas shown on the zoning maps as having unique characteristics. Special design districts include Bon Air, Chester, Ettrick, Matoaca and Midlothian. (2) That this ordinance shall become effective immediately upon adoption. 14 -Clean 1928:96323.2 Attachment B-Blackline Proposed Ordinance AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 19.1-52, 19.1-53, 19.1-251, 19.1-263, 19.1-341, 19.1-346, 19.1-350, 19.1-351, 19.1-352 & 19.1-570 OF THE ZONING ORDINANCE RELATING TO BON AIR SPECIAL DESIGN DISTRICT. BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19.1-52, 19.1-53, 19.1-251, 19.1-263, 19.1-341, 19.1-346, 19.1-350, 19.1-351, 19.1-352 & 19.1-570 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted, to read as follows: 1-Blackline 1928:96319.3 Attachment B-Blackline Proposed Ordinance Sec. 19.1-52. uses Generally. 111 C. Enumerated Uses. Table 19.1-52.A. outlines the uses permitted by right, with restrictions, as accessory, by Conditional Use, by Special Exception or by Manufactured Home Permit in each zoning district. 111 2. Uses Permitted with Restrictions. b. "R(1)," "R(2)" or "R(3)" indicates that the use is permitted subject to certain restrictions in the respective zoning district. The restrictions for the uses noted with "R(1)," 66R(2)," or "R(3)" are listed at Section 19.1-543. If the restrictions in Section 19.1-543. cannot be met, the use may be allowed by Conditional Use. 111 Use ENUMERATED.Table 19.1-52.A. USES P= Permitted by Right Rand RS=PernittedwithRestrictims A=Accessory C=Conditionallhe S = Special Exception M= Manufactured Home Permit Zonine Districts R-7 thm - 88 R -C R-TH R -MF MH -1 MH -2 MH4 A 0-1 0-2 C-1 C-2 C-3 C-4 C-5 I-1 I-2 I-3 000 Automobile accessory store C R FR FR P P R(3) R(3) R(3) 000 Automobile wash C FR P P C C C 000 Grocery store C R(1) P FR FR I P P R(3) R(3) R(3) 000 Restaurant, carry -out C FR FR P P C C C 000 2-Blackline 1928:96319.3 Attachment B-Blackline Proposed Ordinance Those uses listed as "R" or "RS" in Table 19.1-52.A. shall be permitted in the respective zoning districts provided that the restrictions as outlined below are met. If the restrictions cannot be met, the use may be allowed in the respective zoning district through either a Conditional Use or Special Exception. 000 1. C-1 District: a Use is not located in Bon Air Special Design District; or b. Automobile repair or installation of parts does not occur. 2 C-2, C-3 Districts: Use is not located in Bon Air Special Design District. 1. C-2 District: a Use is not located in Bon Air Special Design District; or b. Automobile repair or sales does not occur. 2. C-3, C-4 Districts: a. Use is not located in Bon Air Special Design District, or within a shopping center unless it was within the center prior to May 26, 2004; b. Elevated display of automobiles does not occur; c. Use is setback 100 feet from adjacent R, R-TH, R -MF or O property, or adjacent A property shown on the comprehensive plan for R, R-TH, R -MF or O uses. The setback is landscaped at a density of 2.5 times Perimeter Landscaping C; d. Garage -type doors are either oriented away from, or screened from view of, adjacent R, R-TH, R -MF or O property, adjacent external roads, or adjacent A property shown on the comprehensive plan for residential or office uses; e. Repair services occur only as accessory to the use, and repair does not include body repair; f. Except for minimal repairs necessary to allow a vehicle to be moved into the service area, repair activities and storage of new or replaced repair materials either occurs inside a building, or the area is screened from view of adjacent R, R-TH, R -MF or O property, adjacent external roads, or adjacent A property shown on the comprehensive plan for residential or office uses; and g. Storage yards for vehicles awaiting body repair, painting, auction or wholesale sales are screened from view of adjacent property on which such yards are not permitted or do not exist, adjacent external roads, or adjacent A property shown on the comprehensive plan for residential or office uses. 3-Blackline 1928:96319.3 Attachment B-Blackline Proposed Ordinance C-3, C-4 Districts: a. Use is not located in Bon Air or Chester_ Special Design Districts; and b. The following requirements are met unless the use was in operation prior to May 26, 2004: • Use is not within a shopping center; • Use is setback 100 feet from adjacent R, RTH, R -MF or O property, or A property shown on the comprehensive plan for R, R-TH, R -MF or O uses. The setback is landscaped at a density of 2.5 times Perimeter Landscaping C; • Except for minimal repairs necessary to allow a vehicle to be moved into the service area, repair activities and storage of new or replaced repair materials shall either occur inside a building, or the area is screened from view of adjacent R, R-TH, R -MF or O properties, adjacent external roads, or adjacent A property shown on the comprehensive plan for residential or office uses; and • Storage yards for vehicles awaiting body repair or painting are screened from view of adjacent property on which such yards are not permitted or do not exist, adjacent external roads, or adjacent A property shown on the comprehensive plan for residential or office uses. 1. C-1 District: a. Use is accessory to a principal use; b. Use is not located along a road which terminates in a residential neighborhood; and c. Use is not located in Bon Air or Chester Special Design Districts. 2. C-2, C-3, C-4, C-5 Districts: Use is not located in Bon Air or Chester Special Design Districts. C-2, C-3, C-4, C-5 Districts: Use is not located in Bon Air or Chester Special Design Districts. C-3, C-4, C-5 Districts: Use is not located in Bon Air or Chester Special Design Districts. C-3 District: Use is not located in Bon Air Special Design District. 4-Blackline 1928:96319.3 Attachment B-Blackline Proposed Ordinance 111 C-2, C-3 Districts: In Bon Air Special Design District, the building does not exceed 20,000 square feet of gross floor area per story. 111 C-2, C-3 Districts: In Bon Air Special Design District, the use does not have a drive-in window or curb service. C-3, C-4, C-5 Districts: a. In Bon Air Special Design District, the use does not have a drive-in window or curb service; or b. Use is not located in Chester Special Design District. 1. C-3 and C-4 Districts excluding the Employment Center Design District: a. Use is not located in the Bon Air Special Design District; a-.b.Outside storage is accessory to a permitted or restricted use; b -.c. Storage area plus any permitted outside display located outside of covered pedestrian ways does not exceed 10 percent of the gross floor area of the principal use. e-A.Unless restrictions of a specific use address outside storage screening requirements, the area is screened from view of adjacent property on which such uses are not permitted, A property designated on the comprehensive plan for R, R-TH, R -MF, A, O, MH or I-1 uses, and roads; and d e.View is minimized from limited access roads through site or architectural design, topography, landscaping, setbacks or other features. 111 111 1928:96319.3 5-Blackline Attachment B-Blackline Proposed Ordinance Notes for Table 19.1-251.B. [1] Healthy existing trees or shrubs may be credited toward landscaping requirements if reasonably distributed throughout the length of the area. [2] Walls or fences with a minimum height of 3 feet may reduce the amount of required plant materials, as determined at the time of plan review. [3] If overhead utility lines conflict with large deciduous trees, such trees shall be placed within planting areas or islands located adjacent to the setback. Such planting areas or islands shall have a minimum size of 300 square feet per required tree. [4] An average 3 foot high undulating berm, designed to provide topographical interest yet maintain reasonable visibility into parking areas, and having maximum side slopes of 3:1 shall be installed within the setback. [5] An evergreen shrub hedgerow that is maintained at a height of 3 to 4 feet for the length of parking areas. [6] Either 1 medium shrub for each 5 lineal feet; a continuous hedgerow; or a continuous white or whitewashed picket fence, with a height of 3 to 4 feet. [7] Either 1 medium shrub for each 5 lineal feet; a continuous hedgerow with a height of 3 feet at time of planting; a continuous decorative wood, PVC or wrought -iron fence with a height of 3 to 4 feet; or a continuous brick wall with a height of 3 to 4 feet. [8] Either a continuous hedgerow with a height of 3 feet at time of planting; or a continuous 5 to 6 foot high screening fence or wall constructed of the same materials used in the building. [9] , &A continuous evergreen hedgerow that grows to, and is maintained at, a height of 3 to 4 feet for the length of the parking areas. in Ben Air-vpesial Design Distfiet, either- a 3 feet high eentiatteus ever-gr-eea hedgeFew or- a 3 feet high deeer-ative 11 shall b installed fer- the length of any par -king ee leeated in f. int f the building. + r o [10] At time of plan review, alternative treatment may be approved based upon reduced averaged setbacks, utility conflicts, or to ensure sign visibility. [11]A double staggered hedgerow of evergreen medium shrubs for the length of parking areas between parking areas and roads, and low shrubs and ground cover in planting beds at entrances. [12] Low shrubs and ground cover shall be used appropriately in tree and shrub beds. 13] The same or similarly shaped species shall be planted in a linear pattern in front and corner side yard setbacks so as to create a formal landscape theme. [14] Trees shall be planted behind the sidewalk unless determined, at the time of plan review, to be impractical, in which case, they may be installed between the street and the sidewalk. If large trees will conflict with overhead utility lines, small deciduous trees spaced a maximum of 40 feet on center may be planted. [15] In all areas of Midlothian Special Design District, landscaping within setbacks along roads shall conform to The Village of Midlothian Technical Manual, dated September 1991. [16] Tree islands having a minimum width of 7 feet, spaced every 4 parking spaces adjacent to road, and planted with small deciduous trees. 6-Blackline 1928:96319.3 Attachment B-Blackline Proposed Ordinance 111 A. Buffers between Different Zonine Districts. 1. Exemptions. The buffers shown in Table 19.1-263.A.1.a. shall not apply to O and C property located in the Ettrick and Bon Air Special Design Districts. 911 The provisions of this division apply to O, C and I zoned property in Emerging Growth Design District as shown on the zoning maps. The Emerging Growth Design District is generally the area as shaded in Figure 19.1-341. This may would be deleted and replaced to reflect the new boundaries of Bon Air 7-Blackline 1928:96319.3 Attachment B-Blackline Proposed Ordinance OU A. The provisions of this division apply to O, C and I zoned property in Post Development Design District. B. The Post Development Design District shall be comprised of the following areas as generally shown on the zoning maps and described as follows: . ...... . ... . ............. I.- ... ..... . ....... . .......... .. . ....... Z 8-Blackline 1928:96319.3 This figure would be deleted ••• Attachment B-Blackline Proposed Ordinance The purpose and intent of the Bon Air Special Design District is to r-eeegei enhance the area's village character, create an attractive overall appearance and provide for safe and enhanced pedestrian and vehicular connectivity within nonresidential areas and from those areas to surrounding residential and public facilities areas. It ', a frahiteetur-'' and hinter -ie he and to maintain and r-einfer-ee the ehafaeter-, identity and pedestr-im Seale by eeRtinuifig and The provisions of this division apply to O, C and I zoned property within Bon Air Special Design District as shown on the zoning maps. The Bon Air Special Design District is generally the area as shaded in Figure 19.1-351. 9-Blackline 1928:96319.3 Attachment B-Blackline Proposed Ordinance This may would be deleted and replaced with below New may 10-Blackline 1928:96319.3 Attachment B-Blackline Proposed Ordinance A. Buildins and Parking. Buildings and parking in the Bon Air Special Design District shall meet the requirements outlined in Tables 19.1-352.A.1. and 19.1-352.A.2.: 11-Blackline 1928:96319.3 a. Limited access 40/C b' aeeessHu uenot Rd. 9K450/J 1. Road type c. Choctaw Rd. east of Forest Hill Ave., McRae Rd. south of Forest Hill Ave. and Tinsley 15 Drive ".Other roads W 8121 a. Adjacent to A, F D :r14v r,rn or- 49 roe designated on the Comprehensive Plan for { residential use 2. Interior side yard b. Adjacent to 0, G er4 property designated on the Comprehensive Plan for nonresidential use Opt a. Adjacent to property designated on the Comprehensive Plan for residential use t,, -R-, cru 2410B1 i 3. Rear yard R n Na� ,,.. r,ru b. Adjacent to property designated on the Comprehensive Plan for nonresidential use Q-, C-1 W4 0W B. Parking Setbacks(feet)['] /Required Perimeter Landscaping a. Limited access 40/C b' aseessHu uenot Rd. WG50/J 1. Road type c. Choctaw Rd. east of Forest Hill Ave., McRae Rd. south of Forest Hill Ave. and Tinsley 11 Drive gid. Other roads W091- 816a. a.Adjacent to propegy designated on the Comprehensive Plan for residential use A,,-R-,� �ru 45510/41 2. Interior side yard R n MF,,. r,ru b. Adjacent to propeM designated on the Comprehensive Plan for nonresidential use -Q-, C .ff4 Opt a. Adjacent to propeM designated on the 102541 Comprehensive Plan for residential use ^� —� 3. Rear yard mu R e,rc ,... gnu b. Adjacent to property designated on the Comprehensive Plan for nonresidential use 0-, C�4 0W C. Building Heights (maximum) Lesser of 3-2 stories or 455-30 feet 11-Blackline 1928:96319.3 Attachment B-Blackline Proposed Ordinance Notes for Table 19.1-352.A.1 [1] Setbacks may be impacted by Setbacks—Generally, Permitted Yard Encroachments for Principal Buildings, Floodplain and Chesapeake Bay regulations. [221 A minimum of 75% of the facade shall have a maximum setback of 20 feet. Within a project having more than one building a minimum of one main building shall be subject to the minimum and maximum setbacks and setbacks for other buildings may be modified by the director of planning if the site and architectural designs accomplish the purpose and intent outlined in Sec. 19.1-350. [331 Parking shall be located no closer to the road than the front facade of the building with the least setback from the road If there is no building on the property, parking shall be setback 20 feet from the road Within the setback 3 to 4 foot high decorative walls or fences compatible with the building evergreen hedges or a combination thereof shall be installed Hedges shall be maintained at a height of 3 to 4 feet. The director of planning may modify the parking setback requirement if the site is designed to promote the pedestrian character of the area. r4] A 5 foot high decorative solid screen compatible with the building shall be provided along the property line for the length of the parking area. line;[!I This se4baek may be r-edueed to ZeFe feet v0ith An 9 feet high wall of FREAe6al siffiilaF te, or- to zer-e feet and if the wall ef the 1. '1di along .rsh p pei4 y line has ,, r e "man > > Fesidential in L +L 1 or -to zero feet with an Q feet high .ell of.„e+e..:el sifailer to line; 1-34 if adjaeea4 pr-epeFty is designe4ed on the eempFehensive plan > ed > in the +h th L OF to ZeFe f + A.A.xith 9 feet high well eF..,e+e«:el ' miler_+e that oft pr-ineipal building along sueh pr-epe'4)' line; OF t@ ZeFO feet if the wall of the building [5] Height limits are subject to Article IV, Division 2. [6j Within Inn feet F an F D Til D TSL' OF N414 distr:e+ the height shall net a _eed the lessef: of 2.5 ster-ios er- go feet tmiess there is an existing dwelling mer -e than 2.5 ster-ies withif, 1 gg feet f the eqfnfnea betmdafy with the D D Til D MF e.. N414 dist..:°+ +Le.. dwelling,the height may be iner-eased te the height ef the 1928:96319.3 12-Blackline Attachment B-Blackline Proposed Ordinance A. Building Setbacks (feet)111 /Required Perimeter District I-1 I-2 I-3 Landscaping a. Limited access 40/C 40/C 40/C b. Major arterial 75B or 50/C 75B 90B 1. Road type c. Other roads 40/A or 25/C 60/A 90/A 2. Interior side yard a. Adjacent to A, R, R-TH, R -MF or MH 320/A14 320/Alal 320/A'41 b. Adjacent to O, C or I 30/A4 30/A or or 10/B 10/11[21484 121 30/A121 or 10/B121le a. Adjacent to A, R, R-TH, R -MF or MH 2940/01 40/C 29"4 40/C 29m 3. Rear yard 2940/C 40/C 40/0 21 b. Adjacent to O, C or I or 20/B"4 or I 208[2129 or I 20812129' B. Parking Setbacks (feet) /Required Perimeter Landscaping 40/C 40/C 40/C a. Limited access 1. Road type b. Major arterial 75B or 50/C 75B 53975E C. Other roads 40/A or 25/C 460/A 490/A 2. Interior side a. Adjacent to A, R, R-TH, R -MF or MH 430/A 30/A4 30/A4 b. Adjacent to O, C or I 30/A 9or IOB 4 or lOB 8 21 30/A 121 r lOB 9 yard 3. Rear yard a. Adjacent to A, R, R-TH, R -MF or MH 40/C9 40/C9 40/C9 b . Adjacent to O, C or I r9 40/C9 or 20/B 40/C or 20B 0/1 or 20/13 or 2 C. Building Heights (maximum) [3� Lesser of 2 stories or 30 feet T eggei � ^ " ...,...:es "" 45 Notes for Table 19.1-352.A.2. [1] Setbacks may be impacted by Buffer, Setbacks—Generally, Permitted Yard Encroachments for Principal Buildings, Floodplain and Chesapeake Bay regulations. [2] The setbaek shall be iner-eased by one feet fer- eaeh one feet thM the beilding height exceeds 45 feet-. ng of required adjacent to I-2 or I-3 District. Height limits are subject to Article IV, Division 2. [31 Within 200- -feet ef a developed Fesidential neighbor -heed, the height shall net e*eeed the lesser- ef - s4er-ios er- 30 feet uRless there is an existing dwelling meFe than 2.5 stories ;Axithin 100 &et efthe eemmen beundaf), ef the neighbeFheed, in whieh ease the height may be iner-eased te height ef the dwelling, but not more thaR the maximum P 13-Blackline 1928:96319.3 Attachment B-Blackline Proposed Ordinance EB. Other Required Conditions. 1. Architecture and Building Design. In addition to the requirements of Sec. 19.1-317, the requirements of Sec 19.1-141.G. for 0-1 property, the requirements of Sec. 19.1-148.F. for C-1 property, buildings shall meet the following architectural requirements: a. Architecture. A o Ta shall + LV + of hit e- , materials of quality, ^ppe or detail to any other- fagade, e*eept that use of differ -eat mmer-ials on differ -eat faeados, shall be ry ..mit4ed; ' Fagades visible to a road or R, R-TH, R -MF, MH, A or O property shall not be constructed of unadorned concrete block, unfinished corrugated metal or unfinished sheet metal; and Buildings shall be designed to impart harmonious proportions and avoid monotonous facades or large bulky masses, and possess architectural variety while still maintaining compatibility with existing structures, especially those of high historic interest within the boundaries of the Bon Air Special Area Plan. Buildings shall enhance an overall cohesive character as reflected in existing structures through the use of design elements including, but not limited to: materials, balconies, terraces, articulation of doors and windows, sculptural or textural relief of facades, architectural ornamentation, varied roof lines, or other appurtenances such as lighting fixtures and landscaping. a. Storefront Windows and Pedestrian Entrances. In the area designated for Neighborhood Business the first floor of any building located within 30 feet of a road shall incorporate storefront windows and pedestrian entrances that either connect directly to the sidewalk along the road or to a sidewalk that connects to the sidewalk along the road. A maximum of 10 linear feet along the front facade of the principal building shall be without windows or pedestrian entrances The bottom of windows shall be no lower than 18 inches and no higher than 36 inches above finished grade. b Intersection of Forest Hill Avenue and Buford Road. At each quadrant of the intersection, buildings shall incorporate a significant architectural element such as a bell tower, clock tower or other vertical element and a minimum of 400 square feet of decorative hardscape area designed to promote the pedestrian character of the area. The architectural element shall be a minimum of 12 feet taller than the main building height unless 14-Blackline 1928:96319.3 Attachment B-Blackline Proposed Ordinance modified by the director of planning based upon an alternative design that accomplishes the intent of this provision. 2 Size of Individual Uses Except for 0-1 and C-1 property which shall be subject to the size limitations in Sec. 19.1-14I.F. and Sec 19.1-148.E. respectively, andrg ocery stores which shall be subject to the size restrictions in Sec. 19.1-53., individual buildings shall not exceed 12,000 square feet of gross floor area per story. 3 Sidewalks and Pedestrian Amenities. Sidewalk and pedestrian amenities shall be provided along roads and as pedestrian connections from projects to adjacent development. The exact location treatment design and use of sidewalks and pedestrian amenities shall be determined at time of site plan review. Prior to site plan approval easements acceptable to the planning department shall be recorded across such improvements to allow public use. a Sidewalks Concrete sidewalks with a minimum width of 5 feet, shall be provided within the right-of-way along roads in conjunction with adjacent development. b Hardscaped Pedestrian Areas In areas designated for neighborhood business on the comprehensive plan for a building within 20 feet of a road with any portion of the building set back beyond 8 feet from the road a decorative hardscaped pedestrian area shall be installed The hardscaped area shall have a len tg h equal to at least one-half the length of the building facade that is set back greater than 8 feet. The hardscaped area shall extend from such facade to as close as possible to the sidewalk along the road. Hardscaped pedestrian areas shall be designed to facilitate and include amenities to supportoutdoor gatherings and activities such as outdoor display of goods sold on the premises dining, temporary vendors civic or community events, or seating areas. The areas may also include but are not limited to pedestrian amenities such as foundation plantings street furnishings benches bike racks and trash receptacles. 4 Street Trees Street trees shall be installed along roads in conjunction with adiacent development in accordance with Sec. 19.1-252. 5. Exterior Lighting. In addition to the requirements of Sec. 19.1-205, lighting shall meet the following standards: a Streetlights Along sidewalks adjacent to roads pedestrian scale streetlights shall be installed as follows: • Streetlights shall be designed to enhance the pedestrian character of the design district The design of fixtures poles and lamps shall beeg_nerally consistent in the Special Design District; • Streetlights shall be spacedeg nerally 40 feet on center, and • Fixture mounting heights shall be between 12 and 15 feet above finished grade. The mounting height shall be generally consistent in the Special Design District. 15-Blackline 1928:96319.3 Attachment B-Blackline Proposed Ordinance b Other Exterior Lighting. With the exception of pedestrian scale streetlights, exterior lighting shall comply with the following: • Exterior lighting shall be designed to enhance the character of the design district and be compatible with development standards of the district; • Freestanding lights shall not exceed a height of 20 feet above finishedrg ade; and Buildingmounted lighting shall be no higher than the roofline or parapet wall. 6 Drive-in or Drive-through Facilities. Drive-in or drive-through facilities to include windows bays or similar uses shall be located or designed so as to minimize their view from roads. 111 For the purposes of this chapter, the following words and phrases shall have the following meanings: Design districts, special: Areas shown on the zoning maps as having unique characteristics. Special design districts include Bon Airge, Chesterge, Ettrick, Matoaca and Midlothian. (2) That this ordinance shall become effective immediately upon adoption. 16-Blackline 1928:96319.3 ATTACHMENT C PUBLIC COMMENTS AND STAFF RESPONSES BON AIR- PROPOSED ZONING ORDINANCE AMENDMENT WEB POSTING -PUBLIC COMMENTS AND STAFF RESPONSES Comment Staff Response Thank you.... however, I am not computer savvy enough to Contacted person and provided an know how to actually find the amended Zoning Ordinance email copy of the proposal addressed in your email link. Is there a clearer way to see the changes addressed in the Zoning Ordinance? We own Bon Air Better Living Products in Bon Air and Contacted person and discussed would like to expand our building. We would welcome the proposal; offered to meet; awaiting opportunity to discuss this with someone and see how this response fits into the "Special Area Plan." v HFA Page I of 1 Meeting Date: May 25, 2016 Item Number: 8.13.6. Subject: State Roads Acceptance County Administrator's Comments: County Administrator: '0 4�11 Board Action Requested: Adoption of a resolution for the referenced state roads acceptance. Summary of Information: Midlothian District: Pinifer Park at Queenspark Preparer: Scott B. Smedley Title: Director, Environmental Engineering No # Attachments: Yes TO: Board of Supervisors FROM: Department of Environmental Engineering SUBJECT State Road Acceptance - Pinifer Park at Queenspark DISTRICT Midlothian MEETING DATE: May 25, 2016 XIOADS FOR CONSIDERAMON: Robious Crossing Dr Pinifer Park Ct HIM ifer Park at Queenspark Proaveso � r—PsstBMV3 Courty Gas ( n,r�, I U�JL -9 CHESTERFIELD COUNTY .-f BOARD OF SUPERVISORS Page 1 of 1 xG r AGENDA Meeting Date: May 25, 2016 Item Number: 8.B.7.a. Subject: Request Permission to Install a Private Sewer Service Within a Private Easement to Serve Property at 6213 Belmont Road County Administrator's Comments: County Administrator: Grant Adams Insulation Co., Inc. permission to install a private sewer service within a private easement and authorize the County Administrator to execute the water connection agreement. Summary of Information: Adams Insulation Co., Inc. has requested permission to install a private sewer service within a private easement to serve property at 6213 Belmont Road. This request has been reviewed by the Utilities Department. Approval is recommended. District: Dale Preparer: John W. Harmon Title: Real Property Manager Attachments: Yes [-� No # : . VICINITY SKETCH Request Permission to Install a Private Sewer Service Within a Private Easement to Serve Property at 6213 Belmont Road Chesterfield Cc ii rity� Department cf Utilities is RE -QUEST PEPIASSION T INSTALL A PRIVATE SEWER SERVICE go 2 R 221 N Qzb4 s5. F2.801 22n E v 178. $ -..` FULL GOSPEL TABERNACLE TRUSTEE DB 2608, PG 548 GPIN# 769689356500000 #6215 FULL GOSPEL TABERNACLE DB 1749, PG 1420 GPIN# 769689618000000 # 4500 11260 SQ.I=T. SEWER EASEMENT 209.41' N 09.32'43" W 1 108.54' 100-00'00 16.fl'r. o NAD83 us O cV Lo ZO 3:-1 � O -d t= Moo io O d u') p°�Go0 M v Z� >- to ~a) (p Or O co a '' woz z c d O o i as FULL GOSPEL TABERNACLE DB 1749, PG 1420 GPIN# 769689618000000 # 4500 11260 SQ.I=T. SEWER EASEMENT 209.41' N 09.32'43" W 1 108.54' 100-00'00 16.fl'r. o NAD83 us x Q ADAMS INSULATION. INC o DB 3164, PG 671 GPIN# 769689339200000 o r # 6213 Z� � r 16.0' S & J REALITY, INC. DB 10262, PG 747 GPIN# 76969031600000 # 6201 W � p 00 m Z to ILJ TNO 0 >(o — O 16.0' o Q Q 0 O 0 NOTES. o rnM 1) THIS SKETCH DOES NOT REPRESE Od co I- o A CURRENT FIELD SURVEY. N 00 (D 2) EASEMENTS MAY EXIST THAT ARE NOT SHOWN. dz L=93-1 O'_j 100.00' co' - L= 16.08 L=16.08' 7� R=1407.39' D=0'39'17" BRNG=S 05`25'40" E CND= 16.08' TURNER ROAD ROUTE 643 VARIABLE WIDTH R jW DB 1895, PG 1706 DB 598, PG 147 PS 9, PG 101 ROAD PLAT SHOWING 11260 SQ.FT. OF SEWER EASEMENT LYING ON THE WEST LINE OF TURNER ROAD STATE ROUTE 643 DALE DISTRICT * CHESTERFIELD COUNTY, VIRGINIA JL SURVEYING, LLC. r*11 O�T 365 DEEP CREEK ROAD CREWE. VIRGINlA23930(434) 645-7960 (WS) 504-5252 Fax 16 jbmtlaveileQyahoo.com C� Jeffrey S. LaYelle 100 200 300Lic 13, 2016 SCALE: 1" =100' SL DRAWN BY: JSL CO. PROD. #16-0026 SURVVg 177 F11 F: CO. SITE # 16PRO205 )2nnl 22. CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: May 25, 2016 Item Number: 8.13.7.1b. Subject: Request Permission for Concrete Driveways to Encroach Within an Eight -Foot Easement Across Lots 21, 23, 27 and 33, Wynwood at Foxcreek, Section 12 County Administrator's Comments: County Administrator: Board Action Requested: Grant HHHunt Homes, L.C. permission for concrete driveways to encroach within an 8 -foot easement across Lots 21, 23, 27 and 33, Wynwood at Foxcreek, Section 12, subject to the execution of a license agreement. Summary of Information: HHHunt Homes, L.C. has requested permission for concrete driveways to encroach within an 8 -foot easement across Lots 21, 23, 27 and 33, Wynwood at Foxcreek, Section 12. This request has been reviewed by Utilities, Environmental Engineering, Planning, Comcast Cablevision and Verizon. Approval is recommended. District: Matoaca Preparer: John W. Harmon Title: Real Property Manager Attachments: Yes F-1 No # A`t1{ 1>3 ■ Request permission for Concrete Driveways to Encroach within an Eight -Foot Easement Across Lots 21, 23, 27 and 33, Wynwood at Foxcreek, Section 12 /[REQUEST PERMISSION FOR CONCRETE DRIVEWAYS - - --------- NV rx$�� us' /C CO V2� N Chf--terfield County Department of Utilities _* W r S 4D � x�J z °- ^Y y z q.D.1 ,00'01 '', 4U�$o2Q0 eNNNNMha �. a ¢I 1 0 W4:z q VZbggq qq �$0000�$'h0000 �r N ON�N�r N Zoi c0 ,N_'tli ,fI a NN 4 y: R�p'-I,tj V�W V' aN�Gw•1�(� '7 kjN ZN J•- � H �W�JwW z O!WW}�v ---- � ��lw's At bnS 39S LQ 915 til WWi{w ,0001 Q'Y =� — z W C N Y� m A• f/ V�• V' ^ N� a N O O N Y^ N< N• $. j m� O� ,00'01 a-- - ,Oo'OL -- -- 1 { W�tyz iyi N," Nz^ ,0001 - --- m y� 590 a r Waw W60 ,0001 --- - ,G00[ •- 09 W 6Z7 O .--•.\ .00'OZb M.9F,8QOSN p I y{ Y ry Onz h p pa ob <z� N c z z z Iz2Z 3JVdS N3d0 z z zIz z ntz2ziz ,60'S6 Z I W W(w •1 W W W W m�m I yW W W W W W W W W W W W W � x�J z °- ^Y y z j'.0[ W '00 ,00'01 '', 4U�$o2Q0 eNNNNMha �. a � nne'O.�nnnn bq 1 0 W4:z q VZbggq qq �$0000�$'h0000 cQi� o c� wqq a� +� Oe �w�gRx 4Wx, o lIC c4,04U k� 2 O..NM Mv3bt.M JNNNNNhhM © i7v10L} N33b:J •.,... 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Subject: Request Permission for Concrete Driveways to Encroach Within an Eight -Foot Easement Across Lots 12, 23, 27 and 29, Wynwood at Foxcreek, Section 1 County Administrator's Comments: County Administrator: Board Action R( Grant HHHunt Homes, L.C. and Charles M. Venini, Jr. and Elizabeth D. Venini permission for concrete driveways to encroach within an 8 -foot easement across Lots 12, 23, 27 and 29, Wynwood at Foxcreek, Section 1, subject to the execution of a license agreement. Summary of Information: HHHunt Homes, L.C. and Charles M. Venini, Jr. and Elizabeth D. Venini have requested permission for concrete driveways to encroach within an 8 -foot easement across Lots 12, 23, 27 and 29, Wynwood at Foxcreek, Section 1. This request has been reviewed by Utilities, Environmental Engineering, Planning, Comcast Cablevision and Verizon. Approval is recommended. District: matoaca Preparer: John W. Harmon Title: Real Property Manager Attachments: Yes No 'VICINITY SKETCH Request permission for Concrete Driveways to Encroach within an Eight -Foot Easement Across Lots 12, 23, 27 and 29, Wynwood at Foxcreek, Section 1 F'RiE T -FE -R M- I S- S-1-0 N. F..O.., R. CONCRETE DR I VE) AIAY S . . ............ .. 10 ti 4[j Ci, Chesterfield County Department of Utilities 9ATI RMYR . .......... ......... .......... . ...... V11- QK Se 6 EN RL ;, VIV \'5 A—� 1) s 1<15 6 #A\ -721'.-00 jg L Ali iz L 6 ON$ r�dFcgL laIva sf a42 16 � a a! �t., —� % 's cs i5 re Z, CO R MR: Kv ifl 1:1 ligo o 9a5o H H z H 22 H 0 Lo z OD N z w m � z > LO > M; 'jk'i kk 0 r- t i # W n,yp, 4k 16 C,4 H 14 P 03 U177"W 4 E- ,4 H Co p ' nn 0 % go 0 .4 N:� 7,36'r 4.11' S52.59"51 r3 Is Z) Ho MO LEY (PMVA7r) Q Z - AL 77 cs ID1.20' f 2aO2' t4472 < C17........... CM6 KW i urns 6, )"wy-51.31 23 r5 51 • k L 8j 'fa'"k nb tf cs V Cd ------------- -- Da 61 WYVVIOOD40 , L,C po 3 RREF JTrOc M�Wow PPA ��u, -26-a CHESTERFIELD COUNTY 3u��F�to `eye: BOARD OF SUPERVISORS Page 1 of 1 R AGENDA Meeting Date: May 25, 2016 Item Number: 83.7.d. Subiect: Request Permission to Install Private Water and Sewer Services Within Private Easements to Serve Lot 1, Cameron Farms, Section 55 County Administrator's Comments: County Administrator: ZQ_ Board Action Requested: Grant McLaughlin Holdings, LLC permission to install private water and sewer services within private easements to serve Lot 1, Cameron Farms, Section 55, and authorize the County Administrator to execute the water and sewer connection agreement. Summary of Information: McLaughlin Holdings, LLC has requested permission to install private water and sewer services within private easements to serve Lot 1, Cameron Farms, Section 55. This request has been reviewed by the Utilities Department. Approval is recommended. District: Bermuda Preparer: John W. Harmon Title: Real Property Manager Attachments: 0 Yes F-1No # VICINITY SKETCH Request Permission to Install Private Water and Sewer Services Within Private Easements to Serve Lot 1, Cameron Farms, Section 55 4395 14351 Cameron Farms Resubdivision Sewer and Water Exceptions / 14440 SULPHUR SPRINGS TR 8186444160 4160 14400 DB:8271 PG:477 Future Lot 1 10' Private Water Ease 076 077 6491 '.. alas 616 600 076 1083 516 10' Private Water Ease 10' Public Water Ease NO" CHURCH RD 746 00$ 001 004 1932 3030 4735 6136 521 541 601 619 010 "r 0798 807 013 014 27924996 �, 14212 14213 0000 1699 �P UIt RlUV T936 m Q 4;01 5916 623 4,� 715 801 1xu m orta Po 713 14725 Chesterfield County ` Right of Way Office N h 1 inch = 200 feet""' 2161 010 015 4059 0 702 3257 14713 014 r 14707 4857 # 14719 013 5654 ■ 14725 = 700 ENON CHURCH RD 017 012 2744 14700 seas t8196440125 1 *DB -8271 PGA77 14731 # 018 10' Private Sewer Ease 13138 0437 14718 4937 14730 079 i 0125 700 225 024 023 ozz ort r 706 3227 4126 4827 6627 = 712 718 724 730 ti 16' Public Sewer Ease r 1` r COBE35 POI"T WAY 5523 = 5915 me Future Lot 2 701 031 r 029 030 5411 i 027 028 3809 4509 14800 2507 3407 719 725 8207 624 707 713 032 ! •#r■##■#r■rrr 5503 14812 019 040 2397 038 76 033 O t 4 710 3195 728 5595 ( 703 716 14618 prop P/L 1 10' Private Water Ease 34 sbs o j Future Lot 3 14624 p I041 C 03a 4586 035 ' 1253SF { 709 TTita 734 6690 14830 042 j 1673 { j 715 643 DN 045 t ( 2572 3270 3966 I 721 727 733 o -as 047 064 5764 10' Public Water Ease 739 745 �P UIt RlUV T936 m Q 4;01 5916 623 4,� 715 801 1xu m orta Po 713 14725 Chesterfield County ` Right of Way Office N h 1 inch = 200 feet""' c CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: May 25, 2016 Item Number: 8.13.7.e. Subject: Request Permission to Install a Private Water Service Within a Private Easement to Serve Lot 2, Cameron Farms, Section 55 County Administrator's Comments: County Administrator: _ Board Action Requested: Grant McLaughlin Holdings, LLC permission to install a private water service within a private easement to serve Lot 2, Cameron Farms, Section 55, and authorize the County Administrator to execute the water connection agreement. Summary of Information: McLaughlin Holdings, LLC has requested permission to install a private water service within a private easement to serve Lot 2, Cameron Farms, Section 55. This request has been reviewed by the Utilities Department. Approval is recommended. District: Bermuda Preparer: John W. Harmon Attachments: 0 Yes Title: Real Property Manager No # VICINITY SKETCH Request Permission to Install a Private Water Service Within a Private Easement to Serve Lot 2, Cameron Farms, Section 55 Chestsrfiald Ccnunty De.panrnent cf UlMi--s ror - ff.6 67r 4395 14351 Cameron Farms Resubdivision Water Exceptions / 14400 SULPHUR SPRINGS TR 8186444160 4160 DB:8271 PG:477 14406 Future Lot I 10' Private Water Ease 076 077 491 4185 618 600 076 1083 516 10' Private Water Ease 10' Public Water Ease ENON CHURCH RO 746 005 001 004 193 3036 473576'131 8 521 541 601 a,a 0798 807 013 014 27924496 �_ 14212 14213 0000 1699 mP Ult RNV 7936 m Oq 6401 5916 623 715 861 7x32 m 0x14 ?0 713 14725 Chesterfield County�f-r Right of Way Office" NAl 1 inch = 200 feet 2161 ma 016 4059 r 702 3257 14713 014 4 t 14707 4867 ■ 1013 4719 SGS4 y 14725 760 ENON CHURCH RD 017 012 ■ 8196440125 2148 6448 i DB -8271 PG:477 14700 14731 016 010 10' Private Sewer Ease 4Q57 20 '■ r 13138 4706 14718 14730 079 { r 0125 700 are 024 027 022 021 I r 236 3227 4126 4827 5627 712 718 724 730 t r 16' Public Sewer Ease • 1r r CORES POINT WAY 5523 ■ 025 ` r S91i ti Future Lot 2 701 031 r 029 030 411 { i r 027 D25 3609 4509 14800 2107 3007 719 725 6207 ; r 624707 713 032 >/rr■}r■rr■rrr 5503 14812 039 037 2397 036 3769 033 +3 j 04 4 710 3195 728 5595 m i 703 716 14818 prop PIL s 1 1 10' Private Water Ease 34 5508 0 Future Lot 3 14624 a 1 041 CO�S 038 4586 035 1233 709 q„_� 734 5680 1 tN 14830 tJ 042 '1673 715 { 715 043 044 045 1 � 2572 3270 3966 721 727 733 646 047 4864 $764 f _ 10' Public Water Ease 739 745 mP Ult RNV 7936 m Oq 6401 5916 623 715 861 7x32 m 0x14 ?0 713 14725 Chesterfield County�f-r Right of Way Office" NAl 1 inch = 200 feet CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: May 25, 2016 Item Number: 8.B.7.f. Subiect: Request Permission for a Driveway to Encroach on County Property at 16163 Founders Bridge Terrace County Administrator's Comments: County Administrator: Board Action Requestl: Grant Prosinc, LLC permission for a driveway to encroach on county property to access an existing irrigation well that serves Independence Golf Course at Founders Bridge, subject to the execution of a license agreement. Summary of Information: Prosinc, LLC has requested permission for a Michaux Creek Pump Station site to access an serves Independence Golf Course at Founders reviewed by the Utilities Department. Approval is recommended. District: Midlothian driveway to encroach on the existing irrigation well that Bridge. This request has been Preparer: John W. Harmon Title: Real Property Manager Attachments: Yes � No �' . "VICINITY SKETCH Request Permission for a Driveway to Encroach on County Property at 16163 Founders Bridge Terrace Chesterfield County Department of Utilities VINIOHIA `ALN11000.13WW:LLS3HO 131HISIONWH1OICIW a T stn a 47 S83NM0 S(IOIHtA d0 SONtiI 3H1 IL o I2q aE ` ONISSOHO1N3W3SH3SS3H'J31SS3H°JNI # =tea ! 2$ Ne? :a'? siuy `�� IStVONIMOHS1V1d Uo G��11 A ♦� n � ba x U— y CFt I C) o ge M N o � aU2 m�e o O Ln0 �2m 22h � o U NbOn � UFi Z? Z3, o of i b� l9tF o w Ll ! 1 1 I 1k7jyd01� dyo�.0 ,y',� �G i.,�nSb y chrn':, nl I - ba ��• V,.7 oopyzz�s�� -4t2S! ti .? a o k QQ N f ^� 1 1!/ 1 ml A Jlil F6,E•y7`� �C.�?O�J+� . _ p �iEi � � v � ;v � � v , ;c"�'9 1 i ! � to LV _ sooros 45 118.10^ AV2.55'J4V 78.85' �Cz —2 Wya g �5`i Qxtl':NS3S531r`J3.5S-+MC'.t IF.�tSSSE�}'•e.VN3/ *vKl5fJhlCa W11N3W]SV3 3�Oh3d_G4d 00" IEMSlSSb'^.Sit'Vf CHESTERFIELD COUNTY ., BOARD OF SUPERVISORS Page 1 of 1 6 �A I Meeting Date: May 25, 2015 Item Number: 8.13.7.g. Subject: Request Permission for a Proposed Asphalt Driveway to Encroach Within a Five - Foot Easement Across Lot 22, North Settlers Landing, Section 3 County Administrator's Comments: County Administrator: Grant Chad D. White and Alyssa N. White permission for a proposed asphalt driveway to encroach within a 5 -foot easement across Lot 22, North Settlers Landing, Section 3, subject to the execution of a license agreement. Summary of Information: Chad D. White and Alyssa N. White have requested permission for a proposed asphalt driveway to encroach within a 5 -foot easement across Lot 22, North Settlers Landing, Section 3 dedicated by recordation of the subdivison plat. This request has been reviewed by county staff, Comcast Cablevision and Verizon. Approval is recommended. District: Midlothian Preparer: John W. Harmon Attachments: 0 Yes F-1No Title: Real Property Manager 10TIA rel 110 1 k I LVA I twi Request Permission fo Driveway to Encroach Across Lot 22, North 0� [a] 90 r a Pro within a Settlers posed Asphalt Five -Foot Easement Landing, Section 3 REQUEST PERMISSION FOR A PROPOSED, ASPHALT DRIVEWAY Chesterfif_4d County Department of Utilities n I ft - 41 F.67 4W im C1,5`1,39 C3 C4 RADIUS =220.00' RADIUS - 50.00' RADIUS =50.001 LENGTH -21.61' LENG H=2v.W LENGTH= 1259' TANGENT= 10.61' TANGENT=14.82` TANGENT=&33' DELTA = 5-3736' DELTA = 33'01'14' DELTA = 147527' CHORD HEMNIG = N32'23W i CHORD $FARING = N46YH'f4'W CHORD BEARING = NW5034"W CHORD =21.60` CHORD =2558' CHORD =1255' C2 0 RADIUS =1&1.W LIMIW OF 100 a YEAR FLOOD PLAIN TAAfGEENT --11 r 38' WREVIEWPROCESS �' DELTA - 7"14'15• WM 3 � CHORD BEARING =S31 *V41'VY o CHORD = 2272' t / 30'IiRESS& t ° c1 EGRESS EASEWENT P.$. 6$, PG. 47 TO BE VACATED I ° a a o 0 / N.• 371521.14 °00000 oaa/oopO // ° / E.f1748160fi3s ZONSMA„ °° a ° `T r r I� �. ` o NORMS•ETTLERS rr/ \ Ir Ass ° LANDINGASSOC. 4 o GPIN.' 7497154T5A00000 r I �� f224' a D, B. 2213, Pf 808 r 3.71' / p857775'E t. ° 96.-'W t ropased Asphalt Drlvewa -5.; EASEMENT 10ENSE AREA r� ` P.B. 6$ PG. 47 40'UTILITY& ACCESS EASEVI I / t Ch ADD. & ALYSSA N. WHITE GPW.• 7497MMISIVII OD NORTHSETTLERSLANWAIG SECI A LOT22 � f PA 64 Pa 47 j 5M81'TOTHE C&nB Lf E`OF TREFOIL HA"TRE49WAYEMWED SCALE 1'xW WAY * N.' 3715142.11 fT494T6 0 30' PLAT SHOWING A awed an gnp�b d6ftM*Wtb" pwryisinzom WS4 of�yTg ��, 40' ACCESS & UTILITY EASEMENT ter, can F� FTooet o�� yr,�, & THE VACATION OFA 30 hmmwve Rob MIco,e.yi�"�7 INGRESS &EGRESS EASEMENT 01041COOM eifeW o ACROSS THE PROPERTY OF NORTH 142012. U W. M. VAULTY � Lic. No. 2067 SETTLERS LANDING ASSOC. & This mmW im prepanod wVxxg 2 _111-16 LOT 22, SECTION S #W ofaW0�NORTH SETTLERS LANDING or p mfae ft SUR`(E��4 INIDLOTHIAN DISTRICT + w CHESTERFIELD COUNTY, VIRGMA xrs+* I Date: Feb. 10, 2016 4M r. save W I eaoe. VA 2WS ' Sheef 1 of ,,,, IY Tffi.e6�5 I MM PAXWAMMI wwr. .......... CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 49 -1 4 7 _ AGENDA Meeting Date: May 25, 2016 -- Item Number: 8.B.7.h-. Subject: Request Permission to Install a Private Water Service Within a Private Easement to Serve Property at 9931 Groundhog Drive County Administrator's Comments: County Administrator: Board Action Requested: Grant Chad D. White and Alyssa N. White permission to install a private water service within a private easement and authorize the County Administrator to execute the water connection agreement. Summary of Information: Chad D. White and Alyssa N. White have requested permission to install a private water service within a private easement to serve property at 9931 Groundhog Drive. This request has been reviewed by the Utilities Department. Approval is recommended. District: Midlothian Preparer: John W. Harmon Title: Real Property Manager Yes No Attachments: VICINITY SKETCH Request Permission to Install a Private Water Service Within a Private Easement to Serve Property at 9931 Groundhog Drive Chestcrfwd Ccurity D a rartm-nni =f Utilities 1 rc, - 41 6 6? 'e -t CURVE TABLE CURVE RADIUS LENGTH TANGENT DELTA CHORD BEARING CHORD C1 KAY 28.918' 14.78' 27°4078" N48147'42"W 28.70' C7 180.00' 11.32' 5.66' 36'12' S29 45'40'W 11.32' C3 50.00' 28.99' 14.92' 33°13'14" N46*01'14'W 28.59 LINE TABLE LINE BEARING LENGTH LI X27121 39 E 10.00' 0 0 0 0 LIMITS OF 100 ° YEAR FLOOD PLAIN o (INREWEW PROCESS o WITH FEMA) 0 0 ° 0 PM O O O O O O O O O O O O �F• o ° ZON O , 0 NORTH SETTLERS 0 LANDINGASSOC. ° GP/N.• 749715475000000 ° D.B. 2213, PG. 808 ' N8512775'E ' / o � , A- / -- --�_ TREFOIL 4;, / tIIGHS77iEAM WAY EXTENDED SCALE Iwo, ["A !V / N:371514211 11749475.69 8 EASEMENT Based on graphic detemth�at/on P.B. 68, PG. 47 `. ft HUD defined flood hazard area ��TEi 'F yr PLAT SHOWING A % 40'UM/7Y& , SO PUBUIC WATERLINE // �py0'•i Panel #51041C0040D dated EASEMENT ACROSS ACCESS EASEMENT W. M. NAU TY > LOT 22, SECTION 3 D.B. 11193, PG. 393 / r NORTH SETTLERS LANDING Me bene tofa V& binder and Mwefbte '0,71 /// rr/ // CHAD D. & ALYSSA N. WHITE D r / easenwo~ orottwperh GPIN.749715591800000 may affect the property. PUELMWATER NORTH SETTLERS LANDING SECTION 3,LOT22 EASEMENT P.S. 68, PG. 47 505.81'70 THE CENTERLINE OF TREFOIL 4;, / tIIGHS77iEAM WAY EXTENDED SCALE Iwo, ["A !V / N:371514211 TMS MWW PRV*M AME Date,,Nay 6, 2016 Scale: l "=30' _ Tucroso YOUk Vt li ACtlfEV7i1 THROiltii 47M OftM W°9. `''uft 000 I PrhKeCCMVA2M7S Sheet 1 of 1 1-7.N,:37740-903 T& &.541.6600 FAX W4AM.1511 mrw.*Ymp+s ant Drawn 6y:JNt I Checked by: WMN TIMMONS GROUP : • ':'ti. 11749475.69 0 30' 80' Based on graphic detemth�at/on ft propedy Is In zone =4'of O ft HUD defined flood hazard area ��TEi 'F yr PLAT SHOWING A as shorn on I .E.M.A. Flood .CommunHy �� , SO PUBUIC WATERLINE InsummeRats Map, Panel #51041C0040D dated EASEMENT ACROSS Daaember 18, 2012 W. M. NAU TY > LOT 22, SECTION 3 Lic. No. 2067 77ris survey was prepared without NORTH SETTLERS LANDING Me bene tofa V& binder and Mwefbte MIDLOTHIAN DISTRICT may not show a# amfing D CHESTERFIELD COUNTY, VIRGINIA easenwo~ orottwperh S vrt,'t�4 may affect the property. TMS MWW PRV*M AME Date,,Nay 6, 2016 Scale: l "=30' _ Tucroso YOUk Vt li ACtlfEV7i1 THROiltii 47M OftM W°9. `''uft 000 I PrhKeCCMVA2M7S Sheet 1 of 1 1-7.N,:37740-903 T& &.541.6600 FAX W4AM.1511 mrw.*Ymp+s ant Drawn 6y:JNt I Checked by: WMN TIMMONS GROUP : • ':'ti. CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 $4 AGENDA Meeting Date: May 25, 2016 Item Number: 83.8.a. Subject: Acceptance of Parcels of Land Along Iron Bridge Road from Cambridge Enterprises LLC County Administrator's Comments: County Administrator: Board Action Regueste�: Accept the conveyance of three parcels of land containing a total of 0.084 acres along Iron Bridge Road from Cambridge Enterprises LLC, and authorize the County Administrator to execute the deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of three parcels of land containing a total of 0.084 acres along Iron Bridge Road as shown on the attached plat from Cambridge Enterprises LLC. This dedication is for ultimate right of way for the development of Iron Bridge Business Center. Approval is recommended. District: Bermuda Preparer: John W. Harmon Title: Real Property Manager Attachments: 0 Yes F-1 No # 003:.44 VICINITY SKETCH Acceptance of Parcels of Land Along Iron Bridge Road from Cambridge Enterprises LLC 1 OAK ARBOR DR 2 -AUTUMN LANDIN( 3. EVERGREEN ARB 4- PINTAIL LANDING CD 5- BELARBOR DR B. MAPLE LANDING 1 0 M TARBOR HIGHLAN[ Cn Z 8- CEDAR LANDING' AU UYLAN GOURT GS WALK OR RU kyv \NELLS WAY 7771 M Total of 0.084 Acre Dedication C R INS ........... ti1v .......................................... ..................................... ........... N- R EK LAND L OR C7 -j CheslErfied �ijqty DePartment of Utilfties ff F 'W F 67 O m r k N 3658328.22 8.00' 0 W d�qD N „k > 1 '48' 594 +4 k �o A 23' .:. 551. CAMBRIDGE ENTERPRISES LLC GPIN: 77465600400000000 D.B. 1011f, PG. 951 m 10901 IRON BRIDGE ROAD t-► 0 CAMBRIDGE ENTERPRISES LLC 7, GPIN. 774658061600000000 N D.B. 10056, PG. 964 v 10911 IRON BRIDGE ROAD TOTAL L=488:83' R-2996.79' A-970'46' TAN -244,96' CHD-488.29' CHO BRG-S1215f 041 TOTAL L-437.87' R=2998.00' A-87206 _ TAN -219.33' CHD=437.48' CHO 8RG=N127351'W N ' �o v a 0 100.00' i 7.1 i N 3657851.6 1 7 -f17T403f.M GRAPHIC SCALE LINE TABLE LINE LENGTH I BEARING Ll 8.00' 57372 51 "W L2 213.97' NOO 4246 L3 439.76' 5207258E CAMBRIDGE ENTERPRISES LLC GPIN: 774658172700000000 D.B. 10673, PG. 969 10801 IRON BRIDGE ROAD } } } } 30' INGRESS & } EGRESS EASEMENT } D.B. 3666, PG. 764 1 l 1 } 1 1 084 ACRES TO } DEDICATED N, } 1 CAMBRIDGE ENTERPRISES LLC } 1 GPIN: 774657119600000000 D.B 10056, PC 964 } } 11001 IRON BRIDGE ROAD "L 1 VARIABLE WIDTH l INGRESS ' EGRESS EASEMENT D.B. 3666, PG. 768 rP o 25 so too ( IN FEET ) I inch = 50 ft_ THIS B17ES NDT REPRESENT A CURRENT FIELD SURVEY CD, PROJECT#! 15-0297 CC, SITE# 16PR0151 MAY 9 2016 -0.006 ACRE =0.039 ACRE CU -0.037 ACRES TOTAL 0.084 ACRE THIS PLAT IS SUBJECT TD ANY o EASEMENT OF Q' RECORD AND OTHE PERTINENT FACTS WHICH A TITLE SEARCH MIGHT DISCLOSE. t \ \\ 167.64' 175.31' 5851159'W WAWA 070 IRONBRIDGE RICH LLC GPIN: 774657227200000000 D.B. 4536, PG. 32 11021 IRON BRIDGE ROAD PLA T OF 0.084 ACRES OF LAND TO BE DEDICATED BERMUDA DISTRICT CHESTERFEILD COUNTY, VIRGINIA SCALE , 1' = SO' MAY 4, 2016 Townes SiT$ EtVf3iNEERING 9850 LORI ROAD, SUITE 201 CHESTERFIELD, VIRGINIA 23832 PHONE,(804) 748-9011 FAX, (804) 748-2590 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 �racrimu" . } AGENDA Meeting Date: May 25, 2016 Item Number: 8.113.8.1b. Subiect: Acceptance of Parcels of Land Along East Hundred Road from Emerson -Roper Companies, LLC County Administrator's Comments: County Administrator: Accept the conveyance of four parcels acres along East Hundred Road from authorize the County Administrator to Summary of Information: of land containing a total of 0.185 Emerson -Roper Companies, LLC, and execute the deed. Staff requests that the Board of Supervisors accept the conveyance of four parcels of land containing a total of 0.185 acres along East Hundred Road as shown on the attached plat from Emerson -Roper Companies, LLC. This dedication is for a turn lane and sidewalk for the development of EVB Bank and Retail Building, East Hundred Road. Approval is recommended. District: Bermuda Preparer: John W. Harmon Attachments: 0 Yes FINo Title: Real Property Manager MA rel 10 1 Acceptance of Parcels of Land Along East Hundred Road from Emerson -Roper Companies, LLC LI' IX\ S A Total of 0.185Acres Dedication ... ...... ... ............. NS J.41 N5Q1AGRrzrzX Chesisrfie- PJ ✓ ii rit� Dm.partrne.nl cf Utilities w. 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K �n ittD KK ' I I VOA zm OF - a m vi 00 V V fvr0,14 � fi CHESTERFIELD COUNTY 4 BOARD OF SUPERVISORS Page 1 of 1 s -L.9 AGENDA Meeting Date: May 25, 2016 Item Number: 8.13.8.c. Subiect: Acceptance of a Parcel of Land Along Hull Street Road from Hampton Park Commercial II, LLC County Administrator's Comments: County Administrator: Board Action Requested: Accept the conveyance of a parcel of land containing 0.125 acres along Hull Street Road from Hampton Park Commercial II, LLC, and authorize the County Administrator to execute the deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of a parcel of land containing 0.125 acres along Hull Street Road as shown on the attached plat from Hampton Park Commercial II, LLC. This dedication is for construction of a right turn lane and sidewalk for the development of the Shops at Harper's Mill, Phase I. Approval is recommended. District: Matoaca Preparer: John W. Harmon Title: Real Property Manager Attachments: 0 Yes F-1No # LTI Acceptance of a Parcel of Land Along Hull Street Road from Hampton Park Commercial II, LLC Chesterfieb County Department of Utilities I biml - 666,67 het a0"'31si Sa gi voto f Oka i 66t 0 00/- �d Ail St6055 fyy58 m o m p m Wp � m o. qjkZ \ �W a \ uu J \fin. ` E Wa ��O��h \ \ \ N Z I^ ganm�m00�w ��yi `p a'� ,,F�qb h•'b➢i� �vhh J' \ `\ \ NO ter\ y'•� �` F �. � � \ �gifyy ?ttYA' 7I - tPTM y ;5 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 a�AGENDA 'YlRCI!tIA.T" Meeting Date: May 25, 2016 Item Number: 83.8.d. Subject: Acceptance of a Parcel of Land Along Le Gordon Drive from Turtleback, LLC County Administrator's Comments: County Administrator: Accept the conveyance of a parcel of land containing 0.05 acres along Le Gordon Drive from Turtleback, LLC, and authorize the County Administrator to execute the deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of a parcel of land containing 0.05 acres along Le Gordon Drive as shown on the attached plat from Turtleback, LLC. This dedication is for a turn lane and sidewalk for the development of Le Gordon Drive Retail. Approval is recommended. District: Midlothian Preparer: John W. Harmon Title: Real Property Manager Attachments: 0 Yes F-1No 4.- VICINITY SKETCH Acceptance of a Parcel of Land Along Le Gordon Drive from Turtleback, LLC ChLslsrfield ✓jumV Om.paArn-ent cf Utilities Yce• -EEE 67 'ee' 30011 S4 CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING TANGENT Cl 13.69' 28.00' 28'0028" 13.55' S225528"W 6.98' C2 75.34' 678.23' 6'21'53' 75.30' S05V2'O7'W 3771' MIDLOTHIAN TURNPIKH VARIABLE WDTH RIW D.B. 879, PG. 14 D.B. 885, PC 265 t4 y m LENGTH G� o Op Q Q a Q �• TURTLEBACK LLC GPIN. 725708975200000 go aJ D.B. 10903, PC. 455 N meU 101 LE GORDON DRIVE b� L3 65.37' N11'48'15 E N b,� RES 70 °f 0.LDE CATED S82 32'13 E v H S8232'13 E L6 34.34' VARIABLE WIDTH DRAINAGE EASEMENT D.B. 4972, PG 794 IN LS S89 47'05 "W MORRIS E RAY GPIN 725708981200000 D.B. 4429, PG. 464 151 LE GORDON DRIVE GRAPHIC SCALE 100 0 50 too 200 tIN FEET � 1 inch = 100 ft THIS PLAT IS SUBJECT TO ANY EASEMENT OF RECORD AND OTHER PERTINENT FACTS VHICH A TITLE SEARCH MIGHT DISCLOSE. THIS DOES NOT REPRESENT A CURRENT FIELD SURVEY CO. PROJECT# 15-0039 C19 SITE# 16PRO138 CHARTER (E&A) LLC GPIN 726709859200000 D.B. 6524, PG. 936 200 CHARTER COLONY PARKWAY VARIABLE WIDTH DRAINAGE EASEMENT D.8.4972, PG 794 3438, PG. 886 rII Y MAY ti PL A T op 0.05 ACRES GF LAND TD BE DEDICATED MIDLI7THIAN DISTRICT CHESTERFIELD MUNTY, VIRGINIA SCALE , I' = 100' MAY 4, 2016 Townes SITE ENGINEERING 9850 LORI ROAD, SUITE 201 CHESTERFIELD, VIRGINIA 23832 PHONE,(804) 748-9011 FAX, (804) 748-2590 UNE TABLE LINE LENGTH BEARING Ll 0.63' S79 5356 E L2 41.04' S001255 £ L3 65.37' N11'48'15 E L4164. 13' S82 32'13 E L5 6.77' S8232'13 E L6 34.34' S0834'O6,W L7 17.87' 1 S0533'49 E LS 5.02' 58947 05 "W VARIABLE WIDTH DRAINAGE EASEMENT D.8.4972, PG 794 3438, PG. 886 rII Y MAY ti PL A T op 0.05 ACRES GF LAND TD BE DEDICATED MIDLI7THIAN DISTRICT CHESTERFIELD MUNTY, VIRGINIA SCALE , I' = 100' MAY 4, 2016 Townes SITE ENGINEERING 9850 LORI ROAD, SUITE 201 CHESTERFIELD, VIRGINIA 23832 PHONE,(804) 748-9011 FAX, (804) 748-2590 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: May 25, 2016 Item Number: 8.13.8.e. Subiect: Acceptance of Parcels of Land Along Bermuda Hundred Road from Virginia Truck Center of Richmond, Inc. County Administrator's Comments: County Administrator: Accept the conveyance of two parcels of land containing a total of 1.22 acres along Bermuda Hundred Road from Virginia Truck Center of Richmond, Inc., and authorize the County Administrator to execute the deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of two parcels of land containing 1.22 acres along Bermuda Hundred Road as shown on the attached plat from Virginia Truck Center of Richmond, Inc. This dedication will provide the ultimate right of way for Bermuda Hundred Road and is a requirement for the development of Virginia Truck Center Site Improvements. Approval is recommended. District: Bermuda Preparer: John W. Harmon Title: Real Property Manager Attachments: 0 Yes F-1 No �i i5o, ±56 VICINITY SKETCH Acceptance of Parcels of Land Along Bermuda Hundred Road from Virginia Truck Center of Richmond, Inc. > tR 1 X 4 5 R 6 7 ti 1. SEAHORSE DR B. W ARBOUR R West Hundred Road 2. CAPTAIN DR 7. R HERMAN R 3. KEEL DR 8 HA BOUR. EA 1 DR 4. SC HOON ER DR 9- C, E DR 5. BUCCANEER DR . . .... ......... . ........ . . ... . . .... ........... . Total of '1.22 Acre Conveyance Ike 1. OLD BERMUDA HUN' RED RD /A Chesterfield County Department of Utilities 3�51 0167 0IN Lu z C� I is LU 2 T7 141A 7 p ,227.0' tit 07'31'1 676.54' U) 16 30 (a Vss CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 k .,RGA AGENDA Meeting Date: May 25, 2016 Item Number: 8.13.8.f. Subiect: Acceptance of a Parcel of Land Along Hull Street Road from Fruc-Tuous, LLC County Administrator's Comments: County Administrator: Accept the conveyance of a parcel of land containing 0.003 acres along Hull Street Road from Fruc-Tuous, LLC, and authorize the County Administrator to execute the deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of a parcel of land containing 0.003 acres along Hull Street Road as shown on the attached plat from Fruc-Tuous, LLC. This dedication is for drainage improvements in conjunction with the VDOT Courthouse Road/Hull Street Road Intersection Project. Approval is recommended. District: Dale Preparer: John W. Harmon Attachments: 0 Yes Title: Real Propert Manager F-1 No # LTI ro- I Fk I Acceptance of a Parcel of Land Along Hull Street Road from Fruc-Tuous, LLC Irp- 0.003 Acre Dedication C U1 D Chesterfieb County Department of Utilities. I h -Z - 66 A. 67 49e8 Li c a o 04 N - 02 OHN a'a�� Z z C '0 pa0.1q� ~ ad O ovOicv Qn <� <Zw wo¢ a Oa0 O Na ti O I 0- o YON1100 w M Z Z cO 3 00 »WE, U N W Eo 0:3 00 ��VRt\ O ENZWO� � Za"a¢~L. OW �QO Z H g¢ vl Z w SE BOA c¢ E w w C COURTHROUTE 653 V p V W ATZ ST6,P mm 12aH&C`,� 4277cGG'.56,< �oz Oa Dg PG Z 68 cl)t/> O d �- fn C.8 2. W =0¢ ¢ O O w Cv �-L,M O Z z cl o� '�• N M c�- k01'61'2�� •� L5 � �i �LtO o2 L7 � / m n -,n a "�" W ��" n � • o n c .Mi E �J Cts z: o a a c N I�.ri Vj -� NU'�OK aa�m0 Nom. T�Wt\ 0Q_o tp wo�a 0 y.� aWU ax N * N 3 xrn -mow \� `,flN o \ E 255 SZ2 X85 p0 \ � O 000 1- N QS, C7� �j � OmIN r E*t1+K69 �a htb� aN•Jo my � �W ea ao W /Ir MON.-- cn 717-7- —IT raw � J a o 04 w a'a�� CHESTERFIELD COUNTY ti ` BOARD OF SUPERVISORS Page 1 of 1 ".g AGENDA Meeting Date: May 26, 2016 Item Number: 8.13.9. Subiect: Request to Vacate and Rededicate a Variable Width Water Easement Across the Property of Colony Village, LLC County Administrator's Comments: County Administrator: Board Action ReauesWd: Authorize the Chairman of the Board and County Administrator to execute an agreement to vacate and rededicate a variable width water easement across the property of Colony Village, LLC. Summary of Information: Colony Village, LLC has requested the relocation of a variable width water easement across its property as shown on the attached plat. Proposed buildings would encroach into the existing easement. This request has been reviewed by the Utilities Department. Approval is recommended. District: Bermuda Preparer: John W. Harmon Title: Real Property Manager Attachments: 0 Yes 17 No tiac" 62 0 IN 110 11 V& A 92 FWWM Request to Vacate and Rededicate a Variable Width Water Easement Across the Property of Colony Village, LLC 0 Water Easement to be Vacated and Rededicated PINEHURST ST tp 0 may. i 0 Chesterfield County Department of Utilities 1 hal — 666,67 Tees tNL4 cooz A pa ktow lggt nA il: P4 at u ... ........._.....--_J ......... Lw v t fanDH sn .&VAHOIR SIAVa KOMULIUW ....... --------- ---- ---_-- - — - --------- 9T -90L 3.91,.7 'ZS L57 vq Log 3.n,9Z.*Zs., 9L'L2 3SZ.9T.lZS �-M LLI 9167 \*;, amm L90 L89 rr L7.3 fL93 1 L R '67 n am I Q L100 o q szs 3.i,V."gogZ o122 l rn - Ll 31 UE2 - - - - -2 124 X od- 133 IN 2- L41 L17 L47 7 - - - - 0 od ULO L181j yg_Z n 2. - 1 M, �o z 64 41 Jm L 5 L171 Mio,zg.i:ZN z r -06 C�z on - — - - - _- -L17 - - - - - - - - - - ______J L -U - L6 -- - - - - - - - - - - - - - - - - - Lii L5 S p �n m Na mfq awn aa w MEN MILLIJ Et CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 k�9 yx AGENDA �RGitllp"'" Meeting Date: May 25, 2016 Item Number: 8.8.10. Subiect: Request to Vacate and Rededicate a Variable width Water Easement and a Sixteen -Foot Drainage Easement (Public) Across the Property of Colony Village Phase II, LLC County Administrator's Comments: County Administrator: Board Action Reauested: Authorize the Chairman of the Board and County Administrator to execute an agreement to vacate and rededicate a variable width water easement and a 16 - foot drainage easement (public) across the property of Colony Village Phase II, LLC. Summary of Information: Colony Village Phase II, LLC has requested the relocation of a variable width water easement and a 16 -foot drainage easement (public) across its property as shown on the attached plats. Proposed buildings would encroach slightly into the existing easements. This request has been reviewed by the Utilities and Environmental Engineering Departments. Approval is recommended. District: Bermuda Preparer: John W. Harmon Title: Real Property Manager Attachments: 0 Yes FINo LTA IN 01 wag 1 92 FWWM Request to Vacate and Rededicate a Variable Width Water Easement and a Sixteen -Foot Drainage Easement (Public) Across the Property of Colony Village Phase II, LLC Water Easement to be Vacated and Rededicated . . ..... ...... . �z 0 -4 < M PINEHURST S -r Drainage Easement (Pu blic)'� to be Vacated and Rededicated - --- ------- ChesterfWd County Department of Utilfties I ln[�t - 6F6,67 fe-' , 3 ia&il 616 sS Z d s� rn�A R3 4IttIA �r c7Uy�xia s w W o 0 J a L1 YZ �i. �Lm•:' w 11CC••�� 4J} Wx tc � F it � � M R'i 5' C? J�J# 2 3 # i.Ir^q_ Gp��E+O •� Yg�i m m h. nrr z. go o mo;oo. 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Subject: Request to Quitclaim a Portion of Sixteen -Foot Water Easement Across Property of Finer Homes Incorporated County Administrator's Comments: County Administrator: Authorize the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of 16 -foot water easement across property of Finer Homes Incorporated. Summary of Information: Finer Homes Incorporated has requested the vacation of a portion of 16 -foot water easement across its property as shown on the attached plat. This request has been reviewed by the Utilities Department. There are no improvements in the easement. Approval is recommended. District: Clover Hill Preparer: John W. Harmon Title: Real Property Manager Attachments: 0 Yes FINo #W "VICINITY SKETCH Request to Quitclaim a Portion of Sixteen -Foot Water Easement Across Property of Finer Homes Incorporated Chesterfield County Department of Utilities WV E 3.&131170 a a o 'Q1N10kJ1A').1Nnoo auwbamHO 101tilSIQ111H1AAO10 T 4 431VliOdUO0N1 S3WOH $ 1� 0 n • • Y Ask ' RY eye i�'x' d3N14 40 SONV 13Hl JNISSot1O LL o W N 031VOVA99011N3W3SV3311H31VM€000- V dO N01180d V JNIMOHS 1V1d S $ r �� M Wo �7 ' ff .g'� AI/N HIOlM 'XYA ro :31H o �g GbO& 3SROfitt nOOV2.40' ro °t v m z L Cd I 4 •qq� t�n A5727'Lt50.5'W �" m w fi w I �fiti�� 4 8 I Q ca I Vaappl �^V p I � p l 1 � 1 ��^•�t � i'qR � o t 1 I t o$ 1 �h 11 t � t ugm� tiIM� I ✓ � u 4�'' 3 1 575'4 2j9 m 1 l 1 = � r SY71:76.1JV J27.J5• i\ cs Zl- � � e a � '• �'�zy�y � � 3.90.85;SO,y� � �; ti � Q � ? jm, l\ '-1f:{-'y 385.23• 0 ti �rs1 I � K ppDp�� o � . tt i^ u ..a re ortt 0�000000��. CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: May 25, 2016 Item Number: 82.11.1b. Subject: Request to Quitclaim a Portion of a Sixteen -Foot Water Easement Across the Property of Rebkee Partners Ironbridge, LLC County Administrator's Comments: County Administrator:_ Board Action Reaueste Authorize the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a 16 -foot water easement across the property of Rebkee Partners Ironbridge, LLC. Summary of Information: Rebkee Partners Ironbridge, LLC has requested the quitclaim of a portion of a 16 -foot water easement across its property as shown on the attached plat for the further development of the Kroger -Ironbridge Marketplace Project. This request has been reviewed by the Utilities Department. The existing waterline will be relocated and new easements will be dedicated. Approval is recommended. District: Dale Preparer: John W. Harmon Title: Real Property anager Attachments: 0 Yes FINo ,SIV- "VICINITY SKETCH Request to Quitclaim a Portion of a Sixteen -Foot Water Easement Across the Property of Rebkee Partners Ironbridge, LLC Sp Centralia Rd V -P Portion of 16 Water Easement M to be, Quitclaimed Cn 7- f . . . ...... . AU DYLAN COURT QS WALK OR RD coo vV.LLS WAY M F, INSia N Chesterfield County Department of Utilities w * E S I hn - 665,6'7 fAP1 .Y 3 N 02' 40' 18" E 409.90' ROD(F) — - - - - - - - - lY' N/F REBKEE PARTNERS IRONBRIDGE, LLC GPIN 773-659-0547 N/F KROGER LIMITED PARTNERSHIP 1 10700 Iron Bridge Rood GPIN 773-658-0592 DB 11092, Pg 889 10800 Iron Bridge Road "Ironbridge Marketplace" DB 10571, Pg 401 "KROGER STORE" o Building under construction Iv I Portion of Original 16' Esmt1 Hereby Quitclaimed (See Detail) NO3'22'24"E 14.27IL/) I N:3659284.91 I S87'22'23"E 10.65' E:I1772985.00 �S02'37'37"W 0.34' 587'2223'E 2.19' N86'37'36"W' 32.49'-NO2'37'37"E 0.66 ui EXISTING 16' WATERLINE ! S8 22'2.3 4.03' EASEMENT SSS'20'47"W 4.35' NO2'37'37 E 2.5 D& 10704, PG 660 86'37'36"E 10.13' ___ N85'04'38'W 12.13 5920'47"E 4.60' 85'04'38"E 17.89' 13.43') _ _______________________� --------- 2.35 \t N:3659300.38 ----� ` E:11773034.48 -- N `vi � --- ---- ------ � SC4'S5' 2"W NOTES: \ 16.00Z` 1. Area in new easement 3l ` l 755.5 Sq. Ft. (Shown Hatched) 2. Property lines token from ALTA/ i parking lot ACSM Land 11 -de Survey by H&B o I Surveying and Mapping, LLC Dated M N 11/18/2015. (a i r 3. Quitclaimed portion of easement o is c portion of 16' Waterline oo easement recorded in OB 10704, Z + at PG 660. Arnoof e Quitclaimed portion Ft - r EXISTING 16' WATERLINE existing easement 689.0 S Ft. 5. Distances in parentheses �xx.xx') i i i EASEMENT represent ties to casement corners. I I i DB 10704, PG 660 6. Other easements exist on this property which are not shown. ROD(F) , S I -- I BE QJITCCLAIMED Parking lot L-- Ir ^(11.43) t j I n DETAIL -PORTION OF EXISTING 0 i ( ROD(F) EASEMENT TO BE QUITCLAIMED --_� N oN j 10 P. C G BROWN 2 U No. 002464 q,• GRAPHIC SCALE 4/19/2016 [� '' s o s 7 ea "�y�•ZJ �� `\111 ( SUR`County Proj # 14-0037 � � IN FEET) County Site it 14PRO136 \ 1 incl,. 302 a Draper Aden Associates DRAWN DESIGNED PCB SCALE: 1"= 30' FIGURE F.nginepring • Srrneying • Ens7ronmentnl Services 8090 Villa Park Drive eoloz6,J�9. VA CHECKED TWI FlUnnond, VA 23228 ChWUt—ile,VA DATE 4/19/2016 PROJECT: R16124R-03S 804-264-2228 Fax: 804-264-8773 P—pt-Rands, VA PLAT SHOWING A VARIABLE WIDTH COUNTY WATERLINE EASEMENT AND PORTION OF EXISTING EASEMENT TO BE QUITCLAIMED ACROSS THE PROPERTY OF: REBKEE PARTNERS IRONBRIDGE, LLC DALE DISTRICT, CHESTERFIELD COUNTY, VIRGINIA CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 ° AGENDA f`" Ild4 v5 Meeting Date: May 25, 2016 Item Number: 8.113.12. Subject: Approval of a Tree Canopy Easement and Banking Agreement County Administrator's Comments: County Administrator: Board Action Rec Accept a tree canopy easement and banking agreement from Douglas R. Sowers and authorize the County Administrator to execute the agreement. Summary of Information: The Zoning Ordinance, Section 19.1-247 requires tree preservation within developments in the Upper Swift Creek Watershed. This tree canopy easement was created as a woodland "bank" to provide credits for development within the watershed. It contains 48.02 acres and will provide a public benefit by preserving forested property which will improve air and water quality, provide wildlife habitat and preserve scenic beauty. Staff has visited the site and a baseline documentation report will be provided. The tree canopy easement and banking agreement has been reviewed by the county attorney's office and the request has been reviewed by county staff. Approval is recommended. District: Matoaca Preparer John W. Harmon Attachments: 0 Yes 7 No Title: Real Property Manager VICINITY SKETCH Approval of a Tree Canopy Easement and Banking Agreement Approval of a Tree Canopy Easement and Banking Agreement N Ch--t-zfi--W County D--psTtment of Utilitin—, dishb, * W S t -j (aiac-1 0.6 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: May 25, 2016 Item Number: 8.8.13. Subject: Appropriation of Schools' Positive Behavior Intervention and Supports (PBIS) Grant County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to appropriate $100,000 in the schools' instruction appropriation category to support the award of a Positive Behavior Intervention and Supports (PBIS) grant. Summary of Information: The Positive Behavior Intervention and Supports (PBIS) grant will provide professional development and training for teachers and administrators to help them learn about and implement discipline approaches that reduce disruptive behavior in the classroom. The program is based on extensive research and utilizes a preventative and proactive approach to discipline that reduces the amount of time spent dealing with office referrals, thereby increasing time spent teaching and learning. PBIS is a Commonwealth of Virginia initiative and the grant requires no local match and does not require the creation of any positions. The School Board approved this action at their May meeting. Preparer: Allan Carmody Attachments: 1:1 Yes 0 No Title: Director, Budget and Management #dia C111 8 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Pagel of 3 d AGENDA RG'IN' r Meeting Date: May 25, 2016 Item Number: 8.C. Subiect: Claim of Central City Towing County Administrator's Comments: County Administrator: Staff recommends that the Board deny the claim of Central City Towing. Summary of Information: Virginia Code § 15.2-1248 requires that all monetary claims against counties be brought before the County's Board of Supervisors before a party can file a lawsuit. In order to satisfy this legal requirement, Central City Towing has submitted the attached claim for the Board's consideration. In 1989, the General Assembly enacted Virginia Code § 46.2-1217, which allows the governing body of any county "to contract for services rendered pursuant to a police towing request with one or more businesses engaged in the towing or storage of unattended, abandoned or immobile vehicles." In accordance with VA. CODE § 46.2-1217, the Chesterfield County Board of Supervisors is responsible for approving the Towing Contract between the County and tow companies who provide services pursuant to a police towing request. The Towing Contract, which contains exactly the same terms and requirements for each tow company, is presented to each tow company for its consideration and, if the company agrees to the terms, for its signature. The County established the practice of entering into Towing Contracts in order to insure that fair, uniform rates are charged for all towing services provided at the request of Chesterfield Police and to protect citizens from unfair pricing. Preparer: Jeffrey L. Mincks Title: County Attorney 3005:96426.2 Attachments: 0 Yes F-1No # CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 3 AGENDA In 2013, Chesterfield County renewed its Towing Contract with Central City Towing. In consideration of the placement of Central City Towing on the eligible list of towing operators for police -requested tows, Central City Towing agreed to fully comply with the terms of the Towing Contract. Under the Towing Contract, Central City specifically agreed to charge the towing fees set forth in Addendum D to the Towing Contract. Addendum D sets forth the approved rates that the contracted towing companies are permitted to charge for police -requested tows. Addendum D was approved by the Board of Supervisors before it was presented to the contracted towing companies. By signing the Towing Contract and Addendum D, Central City Towing also agreed "to give each owner or operator [of the towed vehicle] a written copy of approved towing fees at the time of the tow," and that "[o]nly the copy [of Addendum D] approved by the County will be supplied to the owner or operator." Moreover, Addendum D stated "No other fees except those specified in the contract are permitted without approval of the Chesterfield County Police Department Towing Coordinator. By signing this contract in whole (and this addendum in part), you agree to accept these fees for any Chesterfield County Police Department originated call for towing or related services under the contract." On October 5, 2014, the Police Department requested towing services from Central City Towing following a multi -vehicle accident that occurred in the County. Central City Towing responded to the scene of the crash and towed two vehicles. Central City Towing then charged the owners a total of $6,637.00 for the services rendered. Under Addendum D, the owners should have been charged a total of $1,323.00. The Chesterfield County Police Department received a complaint regarding the charges levied by Central City Towing and, as a result, opened an investigation into the towing services provided by Central City Towing. In January 2015, the Police Department sent a letter to Central City Towing notifying it that the $6,637.00 in charges from the October 5 tow exceeded the maximum fees allowed by the Towing Contract, a direct violation of the terms of the Towing Contract. In fact, the amount Central City Towing charged was more than five times the amount permitted under the Towing Contract. Chief Dupuis concluded that "Central City Towing violated the terms of its Towing Contract with Chesterfield County and that termination of the contract is the appropriate course of action under the circumstances." In its claim, Central City Towing alleges that the charges for the October 5 tow were "permissible" charges because the rates were "agreed to" by the citizens whose vehicles were towed. Central City Towing also contends that federal law prohibits the County from requiring a vendor like Central City CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 3 of 3 AGENDA Towing "to limit its fees or charges if the owners/operators of the vehicles agree to charges in excess of those listed or set forth in the Contract." However, the federal law Central City is relying on does not relate to police -requested towing. Central City Towing seeks restoration to the Towing List for the original balance of the term of the Contract, or compensation from the County in the amount of $ 188,821.51 for its alleged loss of profits in 2015 and 2016, including any costs and fees it incurred. As explained above, the Towing Contract and rates established by the Board of Supervisors are only for police -requested tows. The Towing Contract and rates set forth in Addendum D have no bearing on tows where the private citizen calls the tow company directly or has a specific towing company that it requests. In the case of police -requested tows, Central City Towing was contractually bound to charge only those fees permitted under Addendum D of the Towing Contract. Furthermore, Central City Towing is contractually prohibited from even offering any rates to the citizen other than those approved by the Board of Supervisors and set forth in Addendum D. Central City's actions on October 5 violated its Towing Contract and termination of Central City from the towing list in 2015 was an appropriate action under the terms of the contract. For these reasons, staff recommends that the Board deny Central City Towing's claim so that this matter can proceed to litigation. 3005:96426.2 qu I-1 DUPMETTECRUMPPLC ATTORNEYS AND COUNSELORS AT LAW S. Sadiq Gill Direct Dial 804.916.6573 sgill@durrettecrump.com February 26, 2016 VIA FEDERAL EXPRESS FES Z 9 2016 1 The Honorable Steve A. Elswick I CLER p Chairman, Chesterfield County Board of Supervisors 9901 Lori Road, Room 504 Chesterfield, Virginia 23832 Re: Central City Towing, LLC Dear Chairman Elswick: This law firm represents Central City Towing, LLC ("Central") which, until it was terminated in January, 2015, had a contractual relationship with Chesterfield County ("Chesterfield") to be eligible to receive requests from the Chesterfield County Police Department ("CCPD") to provide wrecker and towing services to disabled vehicles on or alongside of roadways in Chesterfield County. A copy of the Contract is attached as "Exhibit 1." Central had served in this capacity for fourteen (14) years and had every expectation to continue indefinitely aiding Chesterfield motorists in this fashion. Pursuant to Paragraph 28(a) of the Contract, fees charged for services rendered were to be governed by Addendum D. The maximum allowable fee—even under extraordinary circumstances and with prior CCPD approval—was $100.00. From entering into the Contract until being removed from the list of eligible service providers ("List") by CCPD, Central, at all times, met and abided by the terms and conditions. Origin of Central's Claim On October 5, 2014, Central responded to a crash involving multiple vehicles that were severely entangled with and on top of one another. Using expertise and skill acquired over a number of years, Central separated, rigged and hoisted the vehicles and then towed two of them away from the accident scene. Central did so only after obtaining agreement from the owners/operators to pay a fee commensurate with the complicated and challenging task at hand. Central eventually charged a total of $6,637.00 for its services on this occasion. CCPD investigated this incident. By letter dated January 9, 2015, a copy of which is attached "Exhibit 2," Sgt. Layne Hellerstedt with CCPD declared: The fees charged by Central... exceeded the maximum fees allowed by the ... Contract], which is a violation of the ... [Contract]. C`31c 2 Bank of America Center e 16th Floor a 1111 East Main Street e Richmond, VA 23219 Tel: 804.775.6900 e Fax: 804.775.6911 e www.durTettecrump.com Hon. Steve A. Elswick Re: Central City Towing, LLC February 26, 2016 Page 2 Upon finding Central's services to be violative of the deal with Chesterfield, Sgt. Hellerstedt's letter advised Central that the Contract was being terminated and that Central would be removed from the List on January 10, 2015. Central timely appealed this decision. It presented testimony and other evidence on January 22, 2015. Nonetheless, by letter dated January 29, 2015, a copy of which is attached as "Exhibit 3," Colonel Thierry G. Dupuis, Chief of Chesterfield Police, upheld the termination of the Contract. Since January 10, 2015, Central has not received from CCPD a referral for disabled vehicle services. The loss of such business has caused damages to Central for which Chesterfield is liable. Chesterfield's removal of Central was and remains unlawful because it violates the preemption provisions of applicable federal law. The Motor Carrier Safety Act ("MCSA" ), 49 USC § 14501(c), et seq., contains, inter glia, provisions preempting state and local law directly regulating tow trucks, along with exceptions to such preemption. In 1995, the Interstate Commerce Commission Termination Act ("ICCTA") amended the MCSA as follows: [Preemption] does not apply to the authority of a State or political subdivision of a State to enact or enforce a law, regulation, or other provision relating to the price of for -hire motor vehicle transportation by a tow truck, if such transportation is performed without prior consult or authorization of the owners or operators of the motor vehicle. 49 USC § 14501(c)(2)(C) (emphasis added). This law remains applicable today. When, as here, the service is non -routine, Chesterfield cannot require of a vendor like Central -as a condition of appearing and remaining on the List -to limit its fees or charges if the owners/operators of the vehicles agree to charges in excess of those listed or set forth in the Contract. When Chesterfield declared as a violation of the Contract Central's charging $6,637.00 for its services with the prior authorization of the vehicles' owners/operators, Chesterfield acted in contravention of federal law which prevents the Contract from being enforced in such manner. Chesterfield, through the actions of CCPD, unlawfully removed Central from the List. Thus, Chesterfield breached the Contract. Relief Being Sought Central turns to this Board for the following relief: (i) Restoration of Central to the List for the original balance of the term of the Contract, or payment to Central of its loss of profits suffered during the unfulfilled term of the Contract; and, a Hon. Steve A. Elswick Re: Central City Towing, LLC February 26, 2016 Page 3 (ii) Application of the same criteria for a renewal of the Contract with Central that have been applied to the other service providers on the List; and, (iii) Reimbursement of Central's costs, including attorneys' fees, incurred in connection with seeking redress from Chesterfield's breach of the Contract consistent with "Exhibit 4" attached hereto. I look forward to hearing from you. Sincerely, A 9 V, J�� S. Sadiq Gill SSG:cvk Enclosure cc via U.S. Mail, w/encl.: Mr. Christopher Winslow, Supervisor Ms. Leslie Haley, Supervisor Mr. James "Jim" Holland, Supervisor Ms. Dorothy Jaeckle, Supervisor O l3 GIII c �'� Case 3:15-cv-00516-MHL Document 1-4 Filed 08/27/1 D# 9 ("County"), a political subdivision of the Commonwealth of Virginia; WHEREAS, the Chesterfield County Police Department finds it desirable to establish an eligibility fist of business establishments to provide wrecker and towing services; and WHEREAS, the County deems it desirable to insure that fair, uniform rates are charged for services rendered while serving on the Police Department's towing list and to protect the integrity of the County and the -towing facilities from unfair pricing or Incompetent services. NOW THERiFORE Inconsideration of the placement of Contractor on the eligible list of towing operators, Contractor agrees that it will fully comply with all of the terms set out below. L. By signing this Contract, Contractor certifies that its operation complies, and shall continue to comply, with all conditions, equipment specifications and requirements under this Contract *and established by the laws of the Commonwealth of Virginia. Failure to comply or false statements concerning compliance shall be grounds for termination. 2. The County reserves the right to terminate this Contract at anytime for any breach of the terms of this Contract. 3. If Contractor declares bankruptcy or otherwise ceases operations during the terms of this Contract, the Contractor shall notify the County in writing Immediately' 4. If Contractor changes ownership or business name or reorganizes under a different name during the term of this Contract, Contractor shall give the County thirty (30) days advance written notice of such change or reorganization. The County at its discretion may terminate the Contract at the end of the thirty (30) day notice period or may continue the Contract with the new ownership under the same terms and conditions of this Contract. Case 3:15-cv-00516-MHL Document 1-4 Filed 08/27/15 Page 2 of 15 PagelD# 10 S. The Contractor shall maintain and furnish the County with no more than one day phone number and one night phone number. The Contractor agrees to give twenty-four (24) hour notice to the County prior to any changes in day or night numbers. 6. The Contractor's place of business, storage lots, vehicles and equipment must be located within the boundaries of Chesterfield County and the business must be operated under an appropriate Chesterfield County business license. 7. Any towing contractor submitting an application to be placed on the Chesterfield County Police Authorized Towing List list shall have conducted towing services in Chesterfield County under its current business name for a minimum of one (1) year. Prior performance and reputation in the community, as reported through the Police Department and criminal history record Information on the applicant, and input from the Chesterfield County Towing Advisory Board will be considered when a contractor submits his/her application. 8. Applicant must supply a copy of his criminal history record to towing coordinator. Criminal History records will be obtained through the Virginia State Police. Applicant must also supply a current copy of his driving record. Records will be obtained through the Virginia Department of Motor Vehicles. An applicant with a felony conviction on his or her criminal history will generally be ineligible for a towing contract. All felony convictions of the applicant shall be evaluated by the Chesterfield Police Department for the severity of the offense, repeat offenses, elapsed time from last conviction and other relevant factors to assess an applicant's current trustworthiness and character. The Chesterfield Police Department will have the final authority on approval of towing contract. The applicant will furnish proof of insurance that meet the requirements of Virginia Code Sec. 46.2-649.1. 9. Contractor shall Install and maintain a clearly visible sign at the storage lot providing the company name and a telephone number where the owner, manager or attendant may be reached at any time so a towed vehicle may be reclaimed by its owner during operating hours. The sign shall be installed in a conspicuous location, be legible and kept in good condition. 10. Contractor shall insure that service is provided for its storage lot seven (7) days a week from 7:00 a.m. until 10:00 p.m. to return vehicles upon the payment of towing and storage charges. if a vehicle is reclaimed from 7:00 a.m. to 5:00 p.m., response time to the storage lot by the Contractor or his designee shall not exceed one (1) hour. If a vehicle is reclaimed between 5:01 p.m. and 10:00 p.m., response time by the Contractor or his designee to the storage lot shall not exceed 2 hours. No office facilities are required to be maintained at the storage lot and the lot does not have to be constantly manned during the time that service is required to be provided under this Contract. Contractor shall provide adequate security for all vehicles towed and their contents, Chesterfield Co. Police Towing Contract .2- Revised 3/25/2013 n...... n.4 r . nnr� n % u %I -1V1r-1L vVI-ulnC(IL 1-1+ I-ileu uoiz(/15 rage J or i!D rageiug 11 Including appropriate permanent fencing. The Contractor shall be responsible for the vehicle towed and its contents from the time it is towed until one of the following occurs: a. The vehicle is delivered to a location specified by the owner or operator. If the owner, manager or agent of the specified location refuses the delivery of the vehicle, the mileage charge will continue to the Contractor's tow lot. b. The vehicle is released and accepted by the owner or the owner's agent; or c. The vehicle is otherwise disposed of according to law. 11. This Contract shall expire on August 31, 20__, unless otherwise terminated pursuant to the terms of this contract. 12. This contract may be renewed by the County for additional one-year terms if the Contractor timely submits to the County the following: a signed, notarized form which is provided as Addendum C, an updated and completed criminal history form obtained from the Virginia State Police; and an updated Virginia DMV driving record. In addition, renewal is conditioned upon the Contractor's compliance with all terms of the Towing Contract In the past, and the County's approval of such renewal. Addendum C forms must be received by the County on or before August 1st of each year to facilitate uninterrupted placement on the Authorized Towing list. 13. The Contractor shall meet the following minimum requirements, all requirements established by the Virginia Department of Criminal Justice Services ("DGS"), and any other reasonable requirements the County may impose in its discretion from time to time: a. All tow truck drivers must by duly licensed/registered with DCIS and such license/registration must be maintained and renewed In accordance with DOS requirements. Contractor shall maintain a copy of each tow truck driver's DGS issued license/registration. b. All wreckers must be registered as required by law under Virginia Code Sec. 46.2-649.1. Contractor shall display proper license plate as required by DMV. c. All wreckers must have business name, address and phone number on both sides of the vehicle and visible to the naked eye from a distance of fifty (50) feet. (Virginia Code Sec. 46.2-1076 D.) The lettering will be permanently affixed to the wrecker Magnetic signs are prohibited except in the use of rental wreckers as provided in paragraph 23 of this Contract. Chesterfield Co. Police Towing Contract - 3 - Revised 3/25/2013 Case J:15-CV-UU516-MHS Document 1-4 Filed 08/27/15 Paqe 4 of 15 PagelD# 12 d. Contractor shall comply with the Code of the County of Chesterfield, Sec. 19- 510.(b) and 13-42, which state the following; No off-street parking area or other premises in an R, R-TH, MH and R -MF district, except on a farm where the parking is incidental to the farming use being conducted on the property, shall be used for the parking or storage of any truck or commercial vehicle exceeding 4,000 pounds net weight and having more than two axles, except while loading or unloading on the premises. No truck having wheels of the dual -tire type in excess of 6,000 pounds and no trailer, semitrailer or cab for such trailer shall be parked on any road in the county within any residential district as defined in the zoning ordinance. e. Contractor shall not park a wrecker in a residential area while carrying or towing vehicles. f. All wreckers must have current Virginia State Inspections. g. All wreckers shall be standard vehicles originally designed and built as wreckers and shall not be pickup or similar trucks with towing slings on the body. h. Ail. wreckers shall. he,pror►ide i yitAt:least qne.;(�) :shove1,:onQ:.{1} broom,, 9.n,�,(1} ,pgtainer:o� pail for glass and,ctebris,:(1) 5 -}pound. serviceabl%hangedmu,l#(:puposp.fire;exi;in�ggisher;arid_a ,sufficient -amount. of.,;absorbent mater€I,,.gtial.to:a fve. (sj gallon bucketand.any.other -equipment required'.by the. County '.,: €. In addition to the required standard lighting equipment, each wrecker will be outfitted with a flashing, blinking or alternating (rotating) amber light(s) as required by Virginia Code Sec. 46.2-1025 and 46.2-1030(C). j. Additions or changes In equipment or storage facilities may be made to Attachment A after the police have Inspected and approved all equipment/facilities to be added to said attachment and after the police have been notified in writing by the Contractor of the deletions of equipment or storage facilities listed In Attachment A provided; however; that the Contractor shall at all times comply with minimum equipment and storage facility specifications of this Contract or this Contract shall be terminated. 14. The County reserves the right to contract with no more approved wrecker/towing companies at any one time than it deems to be necessary. Chesterfield Co. Police Towing Contract - 4 - Revised 3/25/2013 15. The Contractor shall be able to respond to police calls for impoundment or seizure for towing and wrecker services every day of the week on a twenty-four (24) hour a day basis. 16. Response time for the arrival on the scene by the tow truck shall not exceed thirty minutes from the time the call for service is made by the County. In the event the Contractor determines from the circumstances of the call for service, that a larger than normal wrecker is required, an additional thirty minutes will be allowed. In the event the response time exceeds such time limits, the County reserves the right to call any other available contractor. Frequent failures to respond within the appropriate time limits shall be considered grounds for termination of this Contract and removal from the eligibility list. The above time limit may be waived by the County for good cause. 17. In the event an owner or operator of a vehicle to be towed requests towing service from someone other than the County contracted towing services, such request shall be honored by the County unless circumstances prevent the request from being honored. 18. It shall be the responsibility of the Contractor to determine the appropriate wrecker to be sent on any call. In the event the Contractor deems it necessary to obtain additional assistance or equipment and the Contractor does not have the needed assistance or equipment, the Contractor will advise the police officer on the scene of this fact and the officer will call for another contractor to respond to assist. No Contractor shall accept calls for service that are beyond their capability or equipment limitations. No Contractor shall accept a service call from the County and then split the call with another contractor or give the call to another contractor. 19. The Contractor shall notify the Chesterfield County Emergency Communications Center Supervisor of a temporary change of telephone number. Any permanent change in address or phone number shall be made in writing to the Support Services Division, Chesterfield County Police Department, P.O. Box 148, Chesterfield, Virginia 23832. 20. All wrecker operators employed by the Contractor shall be duly licensed as required by the Code of Virginia, and shall have such license in their possession at all times when operating wreckers or other equipment. 21. Thetpritractor.shall.be respotssibie;fQr;the. emovai;.of ill debris.from..the scene.before departing. In the event that two or more wreckers are at a scene, Contractor agrees to cooperate with all drivers as necessary for clean-up. If all other tow trucks have left the scene, the last tow will be responsible for cleaning up the debris. 22. The Contractor shall not release any vehicles "seized" or "seized for forfeiture" by the County until the Contractor obtains permission from the County or is ordered by the Court to release the vehicle. Chesterfield Co. Police Towing Contract - 5 - Revised 3/25/2013 Case 3:15-cv-00516-MHL Document 1-4 Filed 08/27/15 Paae 6 of 15 PaoelD# 14 23. in performance of its duties under this Contract, the Contractor shall use only that equipment which has been inspected and approved by the County. All approved equipment of the Contractor shall be listed on Addendum A hereto, which is made part of this Contract. Use by the Contractor of equipment of any other towing facility, regardless of ownership, or of unapproved equipment, shall constitute just cause for immediate termination of this Contract. if a Contractor's wrecker is temporarily disabled a rental wrecker may be utilized, with the written approval of Chesterfield County Police Department for up to 30 days. Extension of time to the 30 day time limit may be granted at the discretion of Chesterfield County Police Department. The rental wrecker must meet all of the requirements of this Contract and magnetic signs displaying the name, address and telephone number of the Contractor shall be affixed on both sides of the rental wrecker. (Magnetic signs are not otherwise allowed on wreckers owned and used by the Contractor.) The Contractor shall notify Chesterfield County Police Department's towing coordinator for approval prior to putting a rental wrecker in service. This provision shall not prohibit the use of "specialty equipment" under emergency conditions. When so instructed by the police, the Contractor shall provide whatever equipment is necessary to move the motor vehicle designated by the County, including, but not limited to, dollies, winches, cable extensions, and off road work. 24. The Contractor hereby grants the County permission to inspect periodically all equipment and storage facilities listed in Attachments A and B at the convenience of the County. Whenever the County determines any storage facility or equipment to be unacceptable, the County shall give written or verbal notification to the Contractor of its determination, and said unacceptable equipment or storage facility shall not be used by the Contractor in performance of its obligations hereunder until corrected, and, if not reasonably corrected within 10 days, such equipment or storage facility shall be deleted from Attachment A. All findings of unacceptable equipment will be documented in the tow company's file at the Police Department. 25. The Contractor shall keep for two (2) years all records related to the towing of vehicles which have been towed under this Contract. These records will include copies of the itemized bill given to owner or operator as outlined in section 28(c) of this Contract. Contractor shall keep separate all towing charges billed under this contract. Such records shall be available at any time for inspection by the police. 26. The Contractor represents that no current employee or member of the governing body of the County of Chesterfield has any Interest, direct or indirect, in the Contractor's business. 27. The Contractor shall indemnify, hold and save harmless the County of Chesterfield, the Board of Supervisors of Chesterfield County, Virginia, and all County officers, agents and employees from and against any and all claims, causalities, damages, injuries, suits, Chesterfield Co. Police Towing Contract -6- Revised 3/25/2013 dG Case 3:15-cv-00516-MHL Document 1-4 Filed 08/27/15 Page 7 of 15 PagelD# 15 actions, or causes of actions, arising or asserted by reason of any act or omission of the Contractor, its officers, agents or employees in the performance of this Contract. 28. The Contractor may charge three basic fees for its services: a night tow fee;.to cover.the period from 7:00 p.m. to 7:00 a.m.,'a day tow fee to cover the period from 7:01-a.m. to 6:59 p.m. and a holiday fee. The holiday fee may be charged on holidays recognized by Chesterfield County. The County holidays are listed on Addendum D of this Contract. These basic fees shall include any charge for the storage of the vehicle towed. All fees shall be listed on Addendum D of this Contract and approved by the County. To determine the proper category of charge, (disabled vehicle, accident, traffic infraction etc) the tower must verify with the officer on the scene what classification will be assigned to the incident. If the tow driver on scene disagrees with the officer on scene about the proper category of charge, the driver may request for a on duty police supervisor to mediate. The decision of the on duty supervisor will be binding. Contractor shall give each owner or operator a written a copy of approved towing fees at the time of the tow. A master copy of the towing fees will be supplied to the Contractor by the County. The Contractor will give copies of the master copy to the owner or operator. Only the copy approved by the County will be supplied to the owner or operator. If operator or owner Is not available at the time of tow a copy may be given when customer picks up vehicle. When requested at the scene of the tow or at the Contractor's storage lot, the Contractor shall release to the owner or his or her designee personal contents of vehicle that are not permanently attached to the vehicle. At no time can the Contractor hold personal Items not permanently affixed to the vehicle in lieu of payment of the tow bill. a. Fees allowed are listed on Addendum D of this Contract. Contractor can charge for an additional wrecker, person or equipment if utilized for the same vehicle. The fee listed in Addendum D for additional person, wrecker or equipment shall not exceed the fee for disabled passenger vehicles, pickup, SUVs or vans. With .prior.;approval," from the police ,Department Towing coordinator; Contractor'may charge a fee'not to exceed $100.00 foriextraordinary circumstances. These circumstances could be but are not limited to a vehicle underwater, in a large ravine or some other circumstance which requires significant additional work as compared to a normal tow. At no time can this charge levied without prior approval by the Police Department Towing Coordinator. b. if a wrecker responds and services are not required, no charge will be made by the Contractor If it has not hooked up to the vehicle. An example would be a parking violation where the owner arrives to claim the vehicle before the wrecker Is attached to the vehicle in violation. c. The Contractor shall present to the owner or operator of any motor vehicle towed or stored an Itemized bill containing the following information: Chesterfield Co. Police Towing Contract - 7 - Revised 3/25/2013 .GGioi ; Case 3:15-cv-00516-MHL Document 1-4 Filed 08/27/15 Page 8 of 15 PagelD# 16 I. Vehicle owner's name, address and/or; ii. Vehicle description including manufacturer, color, model and license plate number and vehicle identification number; iii. Date and time vehicle towed, incident number assigned by Police Communications Center, location from which the vehicle was towed and the reason for the tow, list of services provided and individual cost; iv. Location, date and the vehicle was released. The itemized bill shall have the information from both 28.c.i. and ii, unless the information from i. is unavailable, in which case the bill shall contain the information required by 28.c.li. d. A separate fee maybe charged for the release of a vehicle after normal business hours (5:01 p.m. -6:59 a.m.) Fees allowed will be listed on addendum D of this Contract. 29. The Chief of Police shall designate an officer to investigate all complaints made by the owner and/or operator of vehicles which are towed or stored pursuant to this Contract. a. When deemed necessary, the Chief of Police or his designee shall make written recommendations for corrective action, which shall be binding on the Contractor. b. The Chief of Police or his designee will determine whether or not the Contractor is providing satisfactory service. If service Is determined to be unsatisfactory, this Contract may be terminated. 30. a. The County may at any time, in its discretion, suspend or terminate this Contract after providing the Contractor 24-hour advance written notification. However, the County reserves the right to immediately, without 24-hour advance written notification, suspend the Contract and remove the Contractor from the Authorized Towing List if such suspension and removal Is in the interest of public safety and, therefore, deemed necessary by the County. Grounds for termination or suspension shall include, but not be limited to: i. Failure to respond to requests from the County within the required 30 minute time period; ii. Failure to maintain equipment In accordance with requirements as enumerated In this Contract and or failure to have new equipment or facilities approved prior to their use; Ili. Lack of adequate insurance as required by VA State Code Section 46.2-649.1; Chesterfield Co. Police Towing Contract -8. Revised 3/25/2013 t -ase .J;1b-CV-UU51b-MML uocument l-4 F-ileclUb/21/15 Page 9 of 15 PagelD# 17 Iv. Arriving at the scene of an incident where Contractors are required without being called by the County; v. Operating in a manner which is inefficient or unsafe or allowing an inexperienced or unlicensed persons to operate any equipment which is used to tow a motor vehicle; A. Storing a vehicle at a location other than an approved storage lot; vii. Failure to comply with any of the terms of this Contract; vili. Convictions for violating local, state, or federal laws; ix. :: Failure to clean roadways at'the*scene of an accident; x. Use of satellite telephone numbers or business locations to increase the number of operating points for Contractors within the County; A SO4tantiated.complaint(s).of::excessirie or-Unnecessary.fees.for• towing of storage charged to customers, Al. Any action or activity by the Contractor which, in the determination of the police, is not In the best interest of the police or the citizens of Chesterfield County; xiii. Involvement in criminal offenses or activity and/or failure to comply with all laws, ordinances, codes and regulations applicable to the operation of a motor vehicle towing and storage business; xiv. Operating a towing business without a valid Chesterfield County business license; xv. Failure to pay County or state taxes. b. The Contractor shall receive from the Chesterfield County Police Department written notice of such removal or suspension and the grounds therefore. The Chief of Police or his Designee's decision for removal or suspension shall be final and conclusive unless the Contractor appeals in writing to the Chief within ten (10) days of receipt of notice of removal or suspension. c. The Contractor's written appeal to the Chief of Police shall include the basis for its appeal and the relief sought, and shall state whether the Contractor wishes to have a hearing with respect to the appeal. Chesterfield Co. Police Towing Contract - 9 - Revised 3/25/2013 43 Case 3:15-cv-00516-MHL Document 1-4 Filed 08/27/15 Page 10 of 15 PagelD# 18 d. If no hearing is requested, the Chief of Police or his designee shall render a decision to the Contractor within ten (10) days of receipt of appeal. e. If a hearing is requested, it shall be held within ten (10) days of receipt of the written appeal or as soon thereafter as possible, and a final decision shall be rendered by the Chief of Police or his designee within ten (10) days of the hearing. During the hearing, the Contractor, and the Police Department, shall have the opportunity to present pertinent information, and to cross-examine adverse witnesses. The hearing shall be an informal, administrative proceeding, rather than a judicial -type trial, and shall be conducted by the Chief of Police, or his designee. The Contractor may be represented by counsel at its own expense. 31.. Contractor's records shall be open to inspection and subject to audit and/or reproduction by the County to the extent necessary to adequately permit evaluation and verification of any invoices, payments or claims submitted by Contractor of any of its payees pursuant to this Contract. Such records subject to examination shall also Include, but not be limited to, those records necessary to evaluate and verify direct and indirect costs (including overhead allocations) as they may apply to costs associated with this Contract. For the purpose of such audits, Inspections, examinations and evaluations, the County shall have access to said records from the effective date of this Contract, for the duration of the work, and until two (2) years after the date of final payment by the County to Contractor pursuant to this Contract. The County shall have access to Contractor's facilities, shall have access to all necessary records in order to conduct audits in compliance with this article. The County shall give Contractor reasonable advance notice of intended audits. Contractor shall require all subcontractors, insurance agents, and materials suppliers (payees) to comply with the provisions of this article by insertion of the requirements hereof in a written agreement between Contractor and payee. Failure to obtain such written contracts which include such provisions shall be reason to exclude some or all of the related payees' costs from the amount payable to Contractor pursuant to this Contract. If an audit inspection or examination in accordance with this article discloses overcharges (of any nature) by Contractor to the County in excess of five percent (5%) of the total Contract billings, the actual cost of the County's audit shall be paid by Contractor. 32. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, gender, disability, national origin, age, or any other basis Chesterfield Co. Police Towing Contract .10- Revised 3/25/2013 Case 3:15-cv-00516-MHS Document 1-4 Filed 08/27/15 Page 11 of 15 PagelD# 19 prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 33. During the performance of this Contract, the Contractor agrees to: a. Provide a drug-free workplace for the Contractor's employees. b. Post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition. c. State in all solicitations or advertisements for employees placed by or on behalf of Contractor that Contractor maintains a drug-free workplace. For the purposes of this section, "drug-free workplace" means a site for the performance of work done In connection with a specific contract awarded to a Contractor in accordance with this paragraph, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. 34. The validity and construction of this Contract shall be governed by the laws of the Commonwealth of Virginia. Any claims, actions or disputes which arise concerning or relating to this contract shall be brought in the Circuit Court of Chesterfield County. 35. This Contract constitutes the entire agreement of the parties with respect to the towing and'storage of motor vehicles by the Contractor at the request of the County. No changes to this Contract shall be made except In writing, signed by both parties. This Contract supersedes all other agreements between parties hereto with respect to towing and storage of motor vehicles. Chesterfield Co. Police Towing Contract - 11 - Revised 3/25/2013 t Case 3:15-cv-00516-MHL Document 1-4 Filed 08/27/15 Page 12 of 15 PagelD# 20 Wrecker #1 Year: a(f)14 Make: Model: VIN # Ir-nr;F5LAOLicense No. Equipment: Fire Extinguisher Expiration Date Shovel Broom ® Empty Weight y—i Gross Weight Standard © Roll Back ❑ Large ❑ -�-'t Container or Pail for removal of glass and debris Wrecker #2 Year: &D -j Make: a&y lJ+ Model: VIN # License No. la w, Equipment: Fire Extinguisher Expiration Date Shovel QBroom [Z' Empty Weight IMU Gross Weight Standard 0 Roll Back [Z Large ❑ Container or Pall for removal of glass and debris Wrecker #3 Year: 14)015 Make: Cqvrnl#4 Model: 17M VIN #MYLicense No.0 Equipment: Fire Extinguisher Expiration Date Shovel ( Broom Empty Weight ja,66pGross Weight Standard ❑ Roll Back Large ❑ Container or Pall for removal of glass and debris 9 Revised 3/25/2013 I Case 3:15-cv-00516-MHL Document 1-4 Filed 08/27/15 Page 13 of 15 PagelD# 21 G�\:.^1-.P. "'� j.• ,G43?_ 'fit'. Addendum 6 Authorized Towing List Agreement Application (Storage Lot) Name . ' nbn I nwTimat 1141579 53.1jr, TORTMIUR, KIM,, Operated by: NWIMMILY 1010- tJ • 1' l t: t JaR (Address) Owned by Applicant ❑ Leased by Applicant C] if tease, attach a copy of leasing agreement. Type of storage facility: Fenced in l;� Lights 1;6 Security guard ❑ Guard dogs ET posed and covered Describe type of fencing fco u Normal hours storage lot is open:-S� Charge per day for storage outside , Y 0 _ inside Show capacity for outside storage -O Inside Applicant's sigriature4 r� ' Sow - Applicant's title: Date: • + : � ?. c,� •�3:.: ,`�.�at.• f"V tC, r1i�', � A � f �SJ• Y i�iyj y � •1• � � Jlas 3. }-ryj.�j�S�.tkS'='�t�.',s• • J. ��it• � F �r• t Jit, `r �}+a,�' ��„�yy{;�� ;�; �� 1� y�� '$. 'tis'+rl� �{:S ; :LKp;y"� i�.�+� ��Y � ,� S' J�• �Y rtl��a, ,.>;. ,.+;;Xi• ty ?.'r i, r.,�l�.i�'•rt � ;x'35'4 r �-'+?�,t'4.'7'. � `. L= .L. "A 1 �• � v �!. •... ^G� iL. roved`°� e e abo s �� .«+•'.a ' . 4 ••,.�� .:�( � �.j:l r} �J ��}'. C�'>Yv tC .Z... '' .J�.:��a Nl � t.Jt�:..`..:.n'.1�{$1. k J'1 �/.f ;��r � .•C�t r1, 1•� t. Y y " •�"j_` ' {Signa ��-_ �• � `R(.; at �< , r..,� � � �� , ri rs �ifr...t.: � _J �'� �`• 3•?s•L{'.{'l'a�:i't'i>•Si'�'�`3'1',:l'.:..f:.•�.r V� W3 t 7..Y+...% `i.}z' _._�:YYGJ. .r ReWsed 3/25/2013 3G 9 Case 3:15-cv-00516-MHL Document 1-4 Filed 08/27/15 Page 14 of 15 PagelD# 22 Addendum C Authorized Towing List Agreement Renewal Application Name of ' flti It Business Address: AM Old & EMIACb W D= lfid CUM 101 We I, ans ward , as an authorized representative of the towing business/Contractor listed above, make application for renewal of the business on the Chesterfield County Police Department's Authorized Towing List. I further certify that the Information provided on Addendum A and Addendum B to our original Towing Contract dated ,911111 is still correct or that I am submitting with this Renewal Application a new Addendum A and/or B for approval. I, as an authorized representative of the business listed above, further agree that the business and its employees, agents and assigns will abide by the terms of the original Towing Contract dated and entered Into between the above listed towing business/Contractor and the County of Chesterfield, Virginia. Applicant's signature and title: Y Date: (Must be notarized with seal) Subscribed and sworn to before me this U1 day ofW01 , 20j_3 My Commission Expires: OU 4 Notary Public � N ' ;:asitr+.�7JS'` t \ ri.� `:,',;;.... F � 3 "'�ys�: i �'�'•> � �".�'i'rxs�; . ��'1 11... ! � r4'•`�rr`�`K�` :£ -2Z 3"^cv � Z �.�+.ti Z ^� t€,;,�,� .l:'LJ t.� 5��..3 �5 S . Aravetdt •^ t"v \?'' r Ae '�:y�ih 7.. . f t tx,,.: �,<.� _�S .f � � t ':,`*' -ccs: �-•vtnp�. 10 r� -r. � .;a'� 1 a ,� :�' ,�� .'ii � z .,t +, rt �r r ¢ i"l • �[`2"Qli-�s:.O' wr : t' s� ,.:j. t ,}�3a?sJ� q .;��,' Cha;.lw 4 � n,.,;Y `' r.: r .'Grill%' s��;�'t:.;£�� r•3h'f t -��r_. r:.r• Revised 3/25/2013 f 0.9C , nnc9C RAI 11 h__.. i n A --I-_I n -J.ia--V-UU:7.LU-IVIr"1L. LJUl:U111C11L 1-4+ h'11UU UO/L//.L:D F'age 15 OT lb NageiD4 23 COUNTY OF CHESTERFIELD By: its: Approved as to form: CONTRACTOR Company: ��ii �l) Ca f^ lro Name: Position: (��tSYt2V Chesterfield Co. Police Towing Contract -12- Revised 3/25/2013 3 lE' 31L,171 1-49 Case 3:15-cv-00516-MHL Document 1-5 Filed 08/27/15 Page 1 of 1 PageiD# 24 Chesterfield County, Virginia Police Department 10001 Iron Bridge Road — P.O. Box 148 — Chesterfield, VA 23832-0911 Phone: (804) 748-1266 -- Fax: (804) 748-6265 — Internet. chesterfield gov COLONEL Thierry G. Dupuis Chief of Police January 9, 2015 Mr. Chris Ward 1925 Old Bermuda Hundred Road Chester, VA 23831 Dear Mr. Ward; EEXHIBIT 2 1 On October 5, 2014, Central City Towing responded to a crash on Statute Street. Your company towed two vehicles from the roadway and charged the owners a total of $6,637.00. The fees charged by Central City Towing exceeded the maximum fees allowed by the Che8-terfield County Towing Contract ("Contract"), which is a violation of the Chesterfield County Towing Contract. In accordance with Section 29. (b). of the Chesterfield County Towing Contract, Central City Towing's services have been determined to be unsatisfactory. This letter shall serve as official notification that the County's Contract with Central City Towing is being terminated and Central City Towing is being removed from the tow list. Section 30(a) of the contract provides for 24 hour notice prior to termination. Accordingly, the removal and termination will be effective on January 10, 2015. The decision for removal and termination is final and conclusive unless Central City Towing appeals in writing to the Chief of Police within (10) days of receipt of notice of removal and termination. I thank you for your cooperation in this matter. Sincerely, Sgt. Layne Hellerstedt Crime Prevention Sergeant Chesterfield County Police Department 1400hr Providing a FIRST CHOICE community through excellence in public service J { Case 3:15-cv-00516-MHL Document 1-6 Filed 08/27/15 Pa Chesterfield County, Virginia Police Department 10001 Iron Bridge Road — P.O. Box 148 — Chesterfield, VA 231 Phone: (804) 748-1266 — Fax: (804) 748-6265 — Internet: cheste COLONEL Thierry G. Dupuis Chief of Police January 29, 2015 Chris Ward Central City Towing 1925 Old Bermuda Hundred Road Chester, VA 23836 Dear I& Ward: Thank you for taking the time to appear before me on January 22, 2015 to present evidence and testimony on behalf of Central City Towing's appeal. I have reviewed the documentation and considered.the evidence presented by and on behalf of Central City Towing and the Police Department. It is my determination that Central City Towing violated the terms of its Towing Contract with Chesterfield County and that termination of the contract is the appropriate course of action under the circumstances. Accordingly, I uphold the termination of the contract Sincerely, Com— Colonel Thierry G. Dupuis Chief of Police cc: W. Nelson H. C. Fisher Attorney at Law P. O. Box 100 Carson, VA 23830 Providing a FIRST CHOICE community thmugh excellence in public service EXHIBIT 4 2015 Lost Revenue After Deducting for Cost of Business 2016 Lost Revenue After Deducting for Cost of Business TOTAL _ $ 161,847.01 = 26,974.50 C& 2 G CHESTERFIELD COUNTY L_ BOARD OF SUPERVISORS Page 1 of 4 AGENDA Meeting Date: May 25, 2016 Item Number: 9.A. Subject: Developer Water and Sewer Contracts County Administrator's Comments: County Administrator: The Board of Supervisors has authorized the County Administrator to execute water and/or sewer contracts between County and Developer where there are no County funds involved. The report is submitted to Board members as information. Summary of Information: The following water and sewer contracts were executed by the County Administrator: 1. Contract Number: 04-0338 Project Name: Forest Lake, Section D Location: 14016 Jefferson Davis Highway Developer: One Way Holdings LLC Contractor: W. M. Harman Construction Company Incorporated Contract Amount: Water Improvements - $ 174,875.00 Wastewater Improvements - $ 348,223.15 District: Bermuda Preparer: Michael A. Nannery, P. E. Title: Assistant Director of Utilities Attachments: � Yes 0 No # CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 4 AGENDA Summary of Information: (Continued) 2. Contract Number: 14-0216 Project Name: Cottages @ Bon Air Location: 820 Winslow Road Developer: Contractor: Youngblood Properties LLC Castle Equipment Corporation Contract Amount: Water Improvements - $ 38,670.00 Wastewater Improvements - $ 79,440.85 District: 3. Contract Number: Project Name: Location: Developer: Contractor: Midlothian 14-0281 Lowe's Outparcel - 7001 Winterpock Road 14201 Hull Street Road CRP - Chesterfield, LLC Castle Equipment Corporation Contract Amount: Water Improvements - $ 15,960.00 Wastewater Improvements - $ 30,462.35 District: 4. Contract Number: Project Name: Location: Developer: Contractor: Contract Amount District: Matoaca 15-0037 Lake Dale Road - Water Meter Exceptions and Lewis Road Water Line 6910 Lake Dale Road Shoosmith Bros. Incorporated C&L Plumbing Incorporated Water Improvements - Bermuda $ 10,497.00 2 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 3 of t ►S; Summary of Information: (Continued) 5. Contract Number: 15-0119 Project Name: Burger Bach - 101 Heaths Way Road (Railey Hill) Location: Developer: Contractor: Contract Amount District: 6. Contract Number Project Name: Location: Developer: Contractor: Contract Amount: District: 7. Contract Number: Project Name: Location: Developer: Contractor Contract Amount: District: 101 Heaths Way Road Katherman & Company Incorporated RMM Enterprises Incorporated Water Improvements - Wastewater Improvements - Midlothian 15-0206 Magnolia Green - Carlton Ridge 7404 Championship Crossing 6801 Woodridge Road - Moseley, LP Castle Equipment Corporation Water Improvements - Wastewater Improvements - Matoaca $ 31,500.00 $ 4,000.00 $ 187,727.00 $ 256,357.03 15-0208 O'Reilly Auto Parts - 11301 Iron Bridge Road 11221 Iron Bridge Road O'Reilly Automotive Stores, Incorporated Hercules Contracting and Design Water Improvements - Wastewater Improvements - Bermuda $ 3,490.00 $ 962.00 GGQ31 206 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 4 of 4 AGENDA Summary of Information: (Continued) 8. Contract Number: 15-0345 Project Name: Sanitary Sewer Relocation Location: 500 Coxendale Road Developer: Virginia Electric and Power Company Contractor: Virginia Electric and Power Company Contract Amount: Wastewater Improvements - $ 152,400.00 District: Bermuda CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA heciK` Meeting Date: May 25, 2016 Item Number: 9.B. Subiect: Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds, and Lease Purchases County Administrator's Comments: County Administrator: Board Action Requested: Acceptance of attached report. Summary of Information: Preparer: James J. L. Stegmaier Title: County Administrator Attachments: 0 Yes F No 9 CHESTERFIELD COUNTY GENERAL FUND BALANCE Budgeted Ending Balances 5/25/2016 % of General Fund Fiscal Year Budgeted Expenditures 2012 $53,495,000 8.2% 2013 $53,495,000 8.0% 2014 $55,000,000 8.1% 2015 $57,248,000 8.1% 2016 $58,668,400 8.1% CHESTERFIELD COUNTY RESERVE FOR FUTURE CAPITAL PROJECTS 5/25/2016 Board Meeting Date Description Amount Balance FOR FISCAL YEAR 2015 BEGINNING JULY 1, 2014 4/23/2014 FY2015 Budget Addition 23,885,400 29,823,297 4/23/2015 FY2015 Capital Projects (21,529,100) 8,294,197 Additional funding for renovations to the Police building and 8/27/2014 adjoining lobby area (1,000,000) 7,294,197 3/27/2015 Return funds from completed projects 20,865 7,315,062 4/7/2015 Return funds from completed projects 18,333 7,333,395 5/29/2015 Return funds from completed projects 523 7,333,918 6/10/2015 Return funds from completed projects 4,573 7,338,491 6/30/2015 Return funds from completed projects 10,359 7,348,850 FOR FISCAL YEAR 2016 BEGINNING JULY 1, 2015 4/15/2015 FY2016 Budget Addition 24,488,500 31,837,350 4/15/2015 FY2016 Capital Projects (23,886,000) 7,951,350 30,C,209 CHESTERFIELD COUNTY DISTRICT IMPROVEMENT FUNDS 5/25/2016 District Maximum Carry Over from Prior Years FY2015 Appropriation Funds Used Year to Date Items on 5/25 Agenda Balance Pending Board Approval Bermuda $32,053 $33,500 $15,030 $13,000 $37,523 Clover Hill 34,003 33,500 10,143 0 57,360 Dale 37,500 33,500 9,494 2,000 59,506 Matoaca 26,913 33,500 16,314 0 44,099 Midlothian 37,500 33,500 11,240 0 59,760 County Wide 0 0 0 0 0 311. �Of2i() SCHEDULE OF CAPITALIZED LEASE PURCHASES APPROVED AND EXECUTED Date Original Began Description Amount 04/99 Public Facility Lease — Juvenile Courts Project $ 16,100,000 6,100,000 16,596,199 1,519,567 14,495,000 11,960,000 22,220,000 Prepared by Accounting Department April 30, 2016 Outstanding Date Balance Ends 4/30/2016 01/20 $ 3,255,000 11 /23 310,000 10/20 12/17 11/24 7,347,868 346,145 940,000 11/24 3,520,000 11/27 12,885,000 19,755,000 (Refinanced 10/10) 03/03 Certificates of Participation* — Building 5,633,259 Construction, Expansion and Renovation 10/04 Cloverleaf Mall Redevelopment Project** 12/04 Energy Improvements at County Facilities 05/05 Certificates of Participation* — Building Acquisition, Construction, Installation, Furnishing and Equipping; Acquisition/Installation of Systems 05/06 Certificates of Participation* — Building Acquisition, Construction, Installation, Furnishing and Equipping; Acquisition/Installation of Systems 08/07 Certificates of Participation — Building Expansion/Renovation, Equipment Acquisition 06/12 Certificates of Participation Refunding — Building Acquisition, Construction, Expansion, Renovation, Installation, Furnishing and Equipping; Acquisition/Installation of Systems; Equipment Acquisition 9/14 Dell Financial Services - Middle School Chromebooks 8/15 Dell Financial Services - High School Chromebooks 9/15 Master Equipment Lease Purchase Agreement - School buses *Partially Refinanced 06/12 **Amended and restated 12/14 TOTAL APPROVED AND EXECUTED PENDING EXECUTION Description None 6,100,000 16,596,199 1,519,567 14,495,000 11,960,000 22,220,000 Prepared by Accounting Department April 30, 2016 Outstanding Date Balance Ends 4/30/2016 01/20 $ 3,255,000 11 /23 310,000 10/20 12/17 11/24 7,347,868 346,145 940,000 11/24 3,520,000 11/27 12,885,000 19,755,000 11/24 4,146,000 01/17 5,633,259 08/17 8,649,800 09/22 127,174,825 18,065,000 1,247,748 3,353,198 8,065,213 59,335,173 Approved Amount r. g CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: May 2512016 Item Number: 11. Subject: Closed Session County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Closed session pursuant to § 2.2-3711(A)(3), Code of Virginia, 1950, as amended, to discuss the acquisition by the county of real estate for a public purpose where discussion in an open meeting would adversely affect the bargaining position and negotiating strategy of the County. Preparer: Jeffrey L. Mincks Title: County Attorney 042:96469.1 Attachments: Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: May 25, 2016 Item Number: 15.A. Subject: Resolution Recognizing Boy Scouts Upon Attaining the Rank of Eagle Scout County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution. Summary of Information: Staff has received requests for the Board to adopt resolutions recognizing Mr. David Robinson Maloy, Mr. Tyler Matthew Will, Mr. Kevin Thomas Mooz, Mr. Cole Edward Milliron and Mr. Phillip Andrew Clabough, all of Troop 897, sponsored by Mount Pisgah United Methodist Church, and Mr. Nathaniel Graves Wells, Troop 2886, sponsored by Trinity United Methodist Church, upon attaining the rank of Eagle Scout. They will be present at the meeting, accompanied by members of their families, to accept their resolutions. Preparer: Janice Blakley Attachments: 0 Yes Title: Clerk to the Board ❑ No WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least 21 merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to their community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law, Mr. David Robinson Maloy, Mr. Tyler Matthew Will, Mr. Kevin Thomas Mooz, Mr. Cole Edward Milliron and Mr. Phillip Andrew Clabough, all of Troop 897, sponsored by Mount Pisgah United Methodist Church, and Mr. Nathaniel Graves Wells, Troop 2886, sponsored by Trinity United Methodist Church, have accomplished those high standards of commitment and have reached the long -sought goal of Eagle Scout, which is received by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through their experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare themselves for a role as leaders in society, David, Tyler, Kevin, Cole, Phillip and Nathaniel have distinguished themselves as members of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 25th day of May 2016, publicly recognizes Mr. David Robinson Maloy, Mr. Tyler Matthew Will, Mr. Kevin Thomas Mooz, Mr. Cole Edward Milliron, Mr. Phillip Andrew Clabough and Mr. Nathaniel Graves Wells, extends congratulations on their attainment of Eagle Scout, and acknowledges the good fortune of the county to have such outstanding young men as its citizens. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: May 25, 2016 Item Number: 15.8. Subiect: Recognizing the 2016 Winners of the Miss Chesterfield Scholarship Pageant County Administrator's Comments: County Administrator: Board Action Requested: Mr. Holland requests that the Board adopt the attached resolution recognizing the 2016 Miss Chesterfield Scholarship Pageant winners. Summary of Information: The Miss Chesterfield Scholarship Organization, Inc., provides young women with opportunities to serve their communities, develop presentation skills, charm, grace and poise, and earn scholarships that can help them to achieve success in their chosen career fields. Preparer: Janice Blakley Attachments: Yes F-1No Title: Clerk to Board of Supervisors RECOGNIZING THE 2016 MISS CHESTERFIELD SCHOLARSHIP PAGEANT WINNERS WHEREAS, the Miss Chesterfield Scholarship Organization, Inc. is a non-profit organization that serves outstanding young women; and WHEREAS, the Miss Chesterfield Scholarship Organization conducts the Miss Chesterfield Scholarship Pageant, which is a preliminary pageant to the Miss Virginia Scholarship and Miss America pageants; and WHEREAS, the Miss America Organization is one of the nation's leading achievement programs and the world's largest provider of scholarship assistance for young women; and WHEREAS, the Miss Chesterfield Scholarship Organization provides young women with opportunities that can lead to scholarship assistance to help prepare them for successful careers; and WHEREAS, in 2015, the Miss America Organization and its state and local organizations will provide more than $45 million in cash and scholarship assistance; and WHEREAS, the Miss America Organization also has partnered with Children's Miracle Network to raise funds and awareness for children's hospitals throughout the United States; and WHEREAS, the Miss Chesterfield Scholarship Organization provides girls 4 to 9 years old an opportunity to participate in a non-competitive Princess program that includes group community service activities; and WHEREAS, Miss Chesterfield goes on to compete in the Miss Virginia Scholarship Pageant, which is a preliminary pageant to the Miss America pageant; and WHEREAS, the Miss Chesterfield Outstanding Teen advances to compete in the Miss Virginia's Outstanding Teen Pageant, which is a preliminary pageant to Miss America's Outstanding Teen Pageant; and WHEREAS, in these activities, young women develop presentation skills, poise, charm and grace while having the opportunity to provide community service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 25th day of May 2016, publicly recognizes the important contributions of the Miss Chesterfield Scholarship Organization, Incorporated to the development of young women and to their future success, and congratulates the 2016 pageant winners: Miss Chesterfield, Taylor Nicole Reynolds; Miss Chesterfield's Outstanding Teen, Taylor Nichole Campbell; and Miss Chesterfield's Princesses, Khaleyah DeJesus- Love, Ryann Elyse Richardson, and London Slappy. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to the winners of this year's pageant and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. i&4G CHESTERFIELD COUNTY ` BOARD OF SUPERVISORS Page 1 of 1 49- AGENDA Meeting Date: May 25, 2016 Item Number: 18.A. Subiect: Public Hearing to Consider Appropriation Not to Exceed $75,000,000 in Payment to the Escrow Agent for the Advance Refunding of Water and Sewer Revenue Bonds County Administrator's Comments: County Administrator: XV Board Action Requested: Hold a public hearing to consider appropriation not to exceed $75,000,000 in payment to the escrow agent for the advance refunding of outstanding water and sewer revenue Bonds. Summary of Information: Staff periodically reviews the county's portfolio of outstanding bonds for refinancing opportunities when interest rate conditions are favorable for producing debt service savings. Staff worked with the county's financial advisors, Davenport & Company LLC, to analyze the utilities outstanding revenue bond debt and has determined the market is favorable for refunding the 2007 and 2009 revenue bonds. Based on the latest information, utilities can refinance outstanding revenue bonds that will result in present value debt service savings of approximately $7.5 million over the period FY2017 - FY2030. The Code of Virginia, 15.2-2507 - Amendment of Budget, requires a public hearing for any budget amendment which exceeds one percent of the total expenditures shown in the current adopted budget. Since the payment to the escrow agent for the proposed advanced refunding exceeds one percent of the total adopted budget threshold, a public hearing will be required to appropriate the payment to the escrow agent associated with the advanced refunding. Staff recommends approval. Preparer: George B. Hayes, P.E. Preparer: Allan Carmody Attachments: Yes No Title: Director of Utilities Title: Director of Budget and Management Meeting Date: Mav 25, 2015 Subject: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Item Number: 18.B. Public Hearing to Consider Appropriation of Not to Exceed $79,000,000 in Payment to the Escrow Agent for Refunding General Obligation Bonds and Virginia Resources Authority (VRA) Special Fund Revenue Bond Proceeds for the Refunding of Selected Maturities of Certificates of Participation County Administrator's Comments: County Administrator: Hold a public hearing to consider the appropriation of up to $55,000,000 of general obligation bond proceeds for the refunding of selected maturities of certain issues of general obligation public improvement bonds and general obligation public improvement refunding bonds issued on behalf of the County and associated closing costs; and the appropriation of up to $24,000,000 of Virginia Resources Authority (VRA) Special Fund Revenue Bond proceeds for the refunding of selected maturities of Certificates of Participation issued on behalf of the County and associated closing costs. Summary of Information: Staff periodically reviews the county's portfolio of outstanding bonds for the opportunity to refinance bonds when interest rate conditions are favorable for producing debt service savings. Staff worked with the county's financial advisors, Davenport & Company LLC, to analyze the county's outstanding general obligation debt to determine if the market is favorable for refunding various callable bonds. Davenport has identified several series of general obligation bonds eligible for refunding. Preparer: Allan M. Carmody Title: Director, Budget and Management Attachments: D Yes 0 No CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Summary of Information (continued): Based on the latest information, the county can refinance outstanding bonds that will result in present value savings of approximately $3.8 million over the period FY2017 - FY2030. These savings will be split proportionately between the county and schools (based on the county -school split of the original sale/s) with school's realizing approximately 79 percent of the debt service savings. The refinancing will be part of a larger transaction that will also include the sale of some new money general obligation bonds to support continued progress on the school revitalization program as well as begin to fund the Public Safety Radio System project. Staff anticipates a sale of approximately $48 million from the 2013 referendum, which will provide approximately $35 million in financing towards Beulah, Matoaca and the New Midlothian Elementary Schools; Providence and Manchester Middle Schools renovation and provide for general major maintenance work at other school facilities. Additionally, $13 million will provide funding for the Public Safety Radio System. Authorization for the sale was approved by the Board of Supervisors in April 2014. This public hearing includes both the April 13, 2017 Board approved Virginia Resources Authority (VRA) Special Fund Revenue Bonds ($24 million) and the general obligation refunding bonds transaction ($55 million). The Code of Virginia, §15.2-2507 Amendment of Budget, requires a public hearing for any budget amendment which exceeds one percent of the total expenditures shown in the current adopted budget. Since the payment to the escrow agent for the proposed refundings exceeds the one percent of the total adopted budget threshold, a public hearing will be required to appropriate the payment to the escrow agent associated with the refundings. 1 33 �Rzc�manb P-0rme�-�i��cl� Advertising Affidavit 300 E. Franklin Street Richmond, Virginia 23219 (804) 649-6208 COUNTY OF CHESTERFIELD BOARD OF SUPERVISORS P.O. BOX 40 9901 LORI RD. CHESTERFIELD, VA 23832 Account Number 3005440 Date May 18, 2016 Date Category Description Ad Size Total Cost 05/24/2016 Meetings and Events Take Notice Take notice that the Board of Supervisors of the C, 2 x 29 L 150.50 TAKE NOTICE Take notice that the Board of Supervisors of the County of Chesterfield, Virginia (the "County"), at a regular meeting on Wednesday, May 25, 2016, at 6:30 P.M., local time, in the County Public Meeting Room at the Lane B. Ramsey County Administration Building, Route 10 and Lori Road, Chesterfield, Virginia 23832, will hold public hearings where persons may appear and present their views concerning: (1) The appropriation of up to $55,000,000 of general obligation bond proceeds for the refunding of selected maturities of certain issues of general obligation public improvement bonds and general obligation public improvement refunding bonds issued on behalf of the County and associated closing costs; and the appropriation of up to $24,000,000 of Virginia Resources Authority (VRA) Special Fund Revenue Bond pro• ceeds for the refunding of selected maturities of Certificates of Partici- portion issued on behalf of the County and associated closing costs. (2) The appropriation of up to $75,000,000 of water and sewer system revenue bond proceeds for the refunding of selected maturities of cer- tain outstanding issues of water and sewer system revenue bonds is- sued on behalf of the County and associated closing costs. If further information is desired, contact Mr. Allan M. Carmody, Director of Budget and Management, at (804) 748.1548 between the hours of 8:30 A.M. and 5:00 P.M., local time, Monday through Friday. The hearing is held at a public facility designed to be accessible to per- sons with disabilities. Any person with questions on the accessibility of the facilityry or need for reasonable accommodations should contact Jan- ice B. Blakley, Clerk of the Board of Supervisors of the County, at (804) 748.1200, Persons needing interpreter services for the deaf must notify the Clerk of the Board of Supervisors of the County, by no later than Fri- day, May 20, 2016. Publisher of the Richmond Times -Dispatch This is to certify that the attached Take Notice Take notice t was published by the Richmond Times -Dispatch, Inc. in the City of Richmond, State of Virginia, on the following dates: 05/18/2016 The First insertion being given ... 05/18/2016 Newspaper reference: 0000309163 Sworn to and subscribed before me this /�n1/3 . ao_ ?4MO-Vtary Public / Supervisor 40, ,7amet 7bhnsom Williams NOTARY PUBLIC State of Virginia Commonwealth of Virginia City of Richmond 7566416 My Commission expires My Commission Expires June 30, 2017 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. 1 HANK YUU o� CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 3 AGENDA 1749--------------- 1 Meeting Date: May 25, 2016 Item Number: 18.C. Subiect: Public Hearing to Consider the Exercise of Eminent Domain for the Acquisition of Right -of -Way and Easements for the Lucks Lane (Spirea Road to East Evergreen Parkway) Widening Project County Administrator's Comments: County Administrator: Hold a public hearing and authorize the exercise of eminent domain for the acquisition of right-of-way and easements for the Lucks Lane (Spirea Road to East Evergreen Parkway) Widening Project, including the filing of certificates of deposit, so that construction may begin prior to the commencement of eminent domain proceedings. Summary of Information: On October 24, 2012, the Board authorized staff to proceed with the Lucks Lane (Spirea Road to East Evergreen Parkway) Widening Project, including acquisition of right-of-way and easements. The Board also authorized the advertisement of an eminent domain public hearing, if needed. The county's right-of-way acquisition consultant has been successful in acquiring right-of-way and easements from thirty-three (33) property owners. The county's consultant has been unable to reach agreement with two (2) property owners (a total of three (3) properties). The county's consultant has recommended eminent domain on three (3) properties in order to allow utility relocations to take place without further delay. Plan sheets showing the impacted areas and plats showing the proposed acquisitions are attached. (Continued on next page) Preparer: Jesse W. Smith Title: Director of Transportation Attachments: Yes No # 2 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 3 AGENDA Summary of Information: (continued) Parcel 029: The property located at 12040 Lucks Lane, GPIN 7376973739, is owned by Sherman T. and Junie J. Garrett. The county needs to acquire 262 square feet (0.006 acre) in fee right-of-way, 4,400 square feet (0.101 acre) in permanent slope and drainage easement, 4,138 square feet (0.095 acre) in permanent utility (Dominion Virginia Power and water) easements, and 1,002 square feet (0.023 acre) in temporary construction easement. The county's consultant valued the acquisition at $2,300.00. The county's consultant made an offer, based on the valuation, to the Garretts on November 17, 2015. The county and the county's consultant have contacted the Garretts numerous times since November 17, 2015 to discuss the acquisition; however, the property owners have been unresponsive and never presented a counteroffer for the acquisition. Diligent efforts to obtain voluntary conveyance from the property owners have failed. Staff has sent notification to the owners of the eminent domain request before the Board. Parcel 032: The property located at 12030 Lucks Lane, GPIN 7376975733, is owned by Sherman T. and Junie J. Garrett. The county needs to acquire 2,047 square feet (0.047 acre) in fee right-of-way, 4,879 square feet (0.112 acre) in permanent slope, drainage, and sight distance easement, 1,742 square feet (0.040 acre) in permanent utility (Dominion Virginia Power and water) easements, and 523 square feet (0.012 acre) in temporary construction easement. The county's consultant valued the acquisition at $5,400.00. The county's consultant made an offer, based on the valuation, to the Garretts on November 17, 2015. The county and the county's consultant have contacted the Garretts numerous times since November 17, 2015 to discuss the acquisition; however, the property owners have been unresponsive and never presented a counteroffer for the acquisition. Diligent efforts to obtain voluntary conveyance from the property owners have failed. Staff has sent notification to the owners of the eminent domain request before the Board. Parcel 033: The property located at 1309 Lockett Ridge Road, GPIN 7376967995, is owned by Armon (recently deceased) and Marion Deurmier. The county needs to acquire 349 square feet (0.008 acre) in fee right-of-way, 1,960 square feet (0.045 acre) in permanent slope and drainage easement, and 11,500 square feet (0.264 acre) in permanent utility (VDOT Utility, Dominion Virginia Power and Verizon) easements. The county's consultant valued the acquisition at $8,450.00. The county's consultant made an offer, based on the valuation, to Ms. Deurmier on November 11, 2015. The county and the county's consultant have contacted Ms. Deurmier numerous times since November 11, 2015 to discuss the acquisition; however, she has been unresponsive and never presented a counteroffer for the acquisition. Diligent efforts to obtain voluntary conveyance from the property owners have failed. Staff has sent notification to the owners of the eminent domain request before the Board. &C0 2 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 3 of 3 AGENDA Summary of Information: (continued) If the county proceeds with eminent domain, a certificate of deposit will be filed with the court, which will allow the county to immediately enter and use the right-of-way and easements so the project can proceed without delay. Sufficient funds are available in the budget to pay the anticipated condemnation costs. Staff will continue to negotiate with the property owners in an attempt to reach a settlement after the certificate is filed, and, if requested, the owners will be paid the county's value for the property prior to the condemnation hearing. Recommendation: Staff recommends that the Board authorize the exercise of eminent domain on the following parcels, including the filing of a certificate of deposit, for the acquisition of right-of-way and easements for the Lucks Lane (Spirea Road to East Evergreen Parkway) Widening Project: 1. Sherman T. Garrett and Junie J. 7376973739; and, 2. Sherman T. Garrett and Junie J. 7376975733; and, 3. Armon Deurmier (recently deceased) Ridge Road, GPIN 7376967995. District: clover Hill Garrett, 12040 Lucks Lane, GPIN Garrett, 12030 Lucks Lane, GPIN and Marion Deurmier, 1309 Lockett 0, QD2 2 LUCKS LA--N7E (SPIREA ROAD TO EAST ENERGREE--N-PARKNII-AY)WIDE-�,NINGPROJECT L ED cl 0 PARCEL 029 SHERMAN T AND JUNIE GPIN 7376973739 J. GARRETT 0�-1 PARCEL 032 SHERMAN T AND JUN[ E J. GARRETT GPIN 7376975733 % 0 4L PARCEL 033 ARP ON AND MARION DEUR TIER GPIN 7376967995 LO L11 CKS LANE (SPIREA ROAD TO EAST EVERGREEN PARKWAY) WIDENING PROJECT PARCEL 029 GARRETT RIGHT-OF-WAY EXHIBIT RIFFETH APPROX. LOC. NE C. EX, VAR, WiDTH VEPCO EASEMENT ,'H QG9 DB 2158 PC 1981 i97-2323(ES-OD7 172 APPROX. LOC. T. GARRETT EX, \i gm C EASEMENT JUNIE LN ;.HER J. GARRETT D6 2170 PC 868 & ( 8:) PARCEL ID: 737-697-3739 =ES-0 D.B. 1060 PG. 21 APPROX, LOC. QD 4.62 AC. EX. VDERV R. VTH UP EASEMENT PROP. TEMP. 12040 LUCKS LN .77n6) DI 2170 PG 839 78.73` CONSTR. ESMT. 96DU -53.53 FOR DRIVEWAY .77n6 )( .08B5) 7/.50' if 71-1 —# �--18.64) Prop. Temp. Constr. PROP. TEMP. 62 66.50, Ease. for Driveway CONSTR. ESMT. -51.32 _!1-5 t-5 FOR DRIVEWAY 52 xxx 2.2] PROP PERU. 5]] DOMfkON ESMT. cW PROP. PERM. SLOPE & DRAINAGE ESMT. FOR VDOT MAINTENANCE Prop. Perm. 'Waterhne Ease. R "-I, , NV15VE' 3102341,W(TOtJ ff 55rI5113V 554Brff00 PROP. RIW N-3696909.35 E-11737551.64\ LUCi �D (Du 22 4 LUCKS LANE (SPIREA ROAD TO EAST EVERGREEN PARKWAY) WIDENING PROJECT PARCEL 029 GARRETT DOMINION VIRGINIA POWER EASEMENT PLAT N PARCEL 029 0, " GARRETT \0", X/ 15' of 35' 20' v Ater XI 4" WNER S TNITI,61S Plot to Accompany Right—of—Way Agreement VIRUNIA f�1,Lti("IRI('ANI) I'OWER(,(.),'�ll>ANY doing business as Dominion Vii iia Power OH/UG District MIDLOTHIAN Lege'nd-Di-s-fric—t-Township-Borou'gh--'Coun�ty- �ity State - CLOVER HILL CHESTERFIELD VA Location of Boundary Lines of Right -of -Way -0-fT—ice ------- Plot Number VARIABLE in Width. CENTRAL 00-15-0403 - t- Indicates Property Line is Right -of -Way Boundary Estimate Number Grid Number 7603838 L2046 Date By Page 5 of 5 9 1 2015 M. ALLEN . LOC. IEPCO EASEMENT PG 1981 ) D7 LOC, V EASEMENT )G 868 ) D8 LOC. UP EASEMENT PG 839 PARCEL 032 GARRETT RIGHT-OF-WAY EXHIBIT *l�— DrainWo s Caring �r VDOT Maintenane 1-914.87' "25'� -80-44 93.79 All 0 cep Li co IRF 111.62" #40.86 N 57* 15" 05' mrKq IN CBL ---L LUCKS C 114 n 7 PARCEL 032 GARRETT DOMINION VIRGINIA POWER E4,SEbYr.767=,T-- 0�(,, 0 C� 1c a 3 5' 20' v - OWNER'S INITIALS Plot to Accompany Right--of—Way Agreement VIRUNIA H.E('I RIC ANI) POWFR COMPANY doing business as Doininioili Vii�2inia POWCI- OH/UG District MIDLOTHIAN Legend-Dt-sTr-tc-F-To-w--n-s-h-tp---B-o-ro-u-gF-(-'o--un-fy----Ci �yState CLOVER HILL CHESTERFIELD VA of Boundary Lines of Right-of-Woy 0 �Ice� Plat Number VARIABLE in Width. CENTRAL 00-15-0403 --Indicates Property Line is Right -of --Way Boundary Estimate NumSer Grid Number 7603638 L2046 Page 5 of 5 ?/1/2015 M. ALLEN LUCKS LANE (SPIRE A ROAD TO EAST EVERGREEN PARKWAY) WIDENING PROJECT PARCEL 033 DEURMIER -VIGVT-OF- 10 'LE -7288 )2 :N I I Al N 57* 151 LU( (90' R/W) D.13, 2175 PG. 1 D.B. 2162 PG. 9 � I 1 � l 111 1� III ><r � 1� � �� 1��.�� F64.3 21.4 +64.99pg, -90-W SMT. +2091 lyCSC PM� I . F77.07' Verizon Ease. PROP. PERU. - 1-64.95 VERIZON ESUT. jailA A A !'IFMFNTS WHICH ARMON DEURMIER• MARION DEURMIER PARCEL ID: 737-696-7995 D.B. 2296 PG. 1389 NO ACREAGE GIVEN 1309 LOCKETT RIDGE RD LOT 17 THOMAS E. SICKAL PARCEL ID: 737-696-8688 D . 1808 PG. 1183 NO ACREAGE GIVEN SMOKETREE SOUTH SURD BLOCK B SECTION B p,B, 40 PG. 8 IPF/IRF o EXISTING PROPERTY MARV ib--a- I -- PARCEL 033 DEURMIER DO Legend Location of Boundary Lines of Right—of— VARIABLE in Width. Indicates Property Line is Right—of—Way Boundary Page 5 of 5 strict—Township—Borough 'I —City -- it Stat( CLOVER HILL CHESTERFIELD VA 5fiice Plot Number CENTRAL 00-15-0408 :stimate Number --------- Grid Number -__._._._.- 7603638 7503838 L2046 e 9i1 f2Q15 M. ALLEN nt 4, 0 � 0 � UO C .g A9 F,UCKS LANE (SPIREA ROAD TO E EVERGREEN PARKWAY) WIDENING PROJECT PARCEL 033 DEURMIER LUCKS LANE (ROUTE 720) -------- xiuhng R/Vv PROP. R44 PROP I.~ v�/��LN/ EASF. � PARCEL 033 / DEURMIER | | 1309 t0ckctl H/dne Rd / / / /^r � ARMDN OEUHKd|ER AND / k4AR(ON I)FURM|ER ! '/ Porcel ID ��^~~~ '"� poy Acreo^ 0 � 25 50 Site Plan Reference: Chesterfield County Pro'*t 0720-020-R80 UPC 104290 By Kinfley Honi 05/28/2015 ADDRESS 1309 Locket( Ridge Road aka Parcel 033 ADDRESS: DE`NOTr-.SP/f.AND/ORRJ1A( TAX MAP NO: 7376 LIMITS OF RIGHT -01" -WAY 1309 Lockeu Ridfe Rold E.A.: William Swann DFT'D 130OK: 2296 PAGE: 1389 PHONE NO.: 804-772-7309 CONTACTTEL, NO,: 1� =OF I (',HN'rR-AL OFFICE: Midlothian GRANTOR: - PLAT BOOK: F 1023 COVE'R SHE'E'T NUMBER: WORK ORDFIR 9: 4A0A113F Advertising Affidavit 300 E. Franklin Street Richmond, Virginia 23219 (804) 649-6208 COUNTY OF CHESTERFIELD BOARD OF SUPERVISORS P.O. BOX 40 9901 LORI RD. CHESTERFIELD, VA 23832 Account Number 3005440 Dat_ May 18, 2016 Date Category Description Ad Size Total Cost 05/24/2016 Meetings and Events Take Notice Take notice that the Board of Supervisors of Chest 2 x 35 L 177.50 Take Notice Take notice that the Board of Supervisors of Chesterfield County, Vir• ginia, ata rgular scheduled meeting on May 25,1016 at 6:30 p.m, in the County Public Meeting room at the Chesterfield Administration Build. ing, Rt. 10 and Lori Road, Chesterfield, Virginia, will hold a public hear• In where persons affected may appear and present their views to con. si The exercise of eminent domain for the acquisition of fee simple inter• est for right-of-way, permanent utility easements,a permanent slope and drainage easement, and a temporary construction easement for the Lucks lane (Spirea Road to E Evergreen Pkwy) Widening Project (Vir• ginia Department of Transportation Number OnH2040, RW201, CHI) across property at 12040 lucks lane, GPIN: 737073739. The exercise of eminent domain for the acquisition of fee simple inter• est for right-of-way, rmanent utility easements, a permanent slope, drainage, and sight distance easement, and a temporary construction easement for the Lucks Lane (Spirea Road to E Evergreen Pkwy) Widening Project (Virginia Department of Transportation Number 0720 O20•1180, RW201, C501) across property at 12030 Lucks Lane, GPIN: 7376975733. The exercise of eminent domain for the acquisition of fee simple inter• est for right-of-way, permanent utility easements, and apermanent slope and drainage easement for the Lucks Lane (Spirea Road to E Ever. green Pkwy) Widening Project (Virginia Department of Transportation Number )720.020•R80, RW201, C501) across property at 1309 Lockett Ridge Road, GPIN: 7376967995. it further information is desired, please contact Mr, Brent Epps, Engi• neering Supervisor, at 7481037, between the fours of 8,30 an, and 5:00 p,m, Monndaythrough Friday,, The hearing is held at a public facility designed to be accessible to per. sons with d'isabil'ities. Any persons with questions on the accessibility of the facility or need for reasonable acoommoda6ons should contact Jan. ice B. Bl ley, Clerk to the Board, at 74&1200, Persons needing inter• preter services for the deaf must notify the Clerk to the Board no later than May N, 2016, Publisher of the Richmond Times -Dispatch This is to certify that the attached Take Notice Take notice t was published by the Richmond Times -Dispatch, Inc. in the City of Richmond, State of Virginia, on the following dates: 05/18/2016 The First insertion being given ... 05/18/2016 Newspaper reference: 0000315997 Sworn to and subscribed before me this -2.6(G —On�� WA&Aj ry Public ?::�_Supervisor State of Virginia City of Richmond My Commission expires Janet Johnson williams NOTARY PUBLIC Commonwealth of Virginia 7566416 .my Commission Expires June 30, 2017 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YUU yj CHESTERFIELD COUNTY s`F , BOARD OF SUPERVISORS Page 1 of 1 ,9 AGENDA Meeting Date: May 25, 2016 Item Number: 18.D. Subiect: PUBLIC HEARING: Conveyance of an Easement to Lumos Networks Incorporated County Administrator's Comments: County Administrator: Board Action Reauested: Authorize the Chairman of the Board of Administrator to execute an easement agreement 10 -foot underground easement across property 501 Coalfield Road. Summary of Information: Supervisors and the County with Lumos Networks Inc. for a of Watkins Elementary School, Staff recommends that the Board of Supervisors authorize the Chairman of the Board of Supervisors and the County Administrator to execute a 10 -foot underground easement agreement with Lumos Networks Inc. for a fiber optic line to provide service to the T -Mobile equipment at the Midlothian Water Tank site across property of Watkins Elementary School, 501 Coalfield Road. This request has been reviewed by county staff, school administration, Comcast Cablevision and Verizon. Approval is recommended. District: Midlothian Preparer: John W. Harmon Title: Real Property Manager Attachments: 0 Yes F-1No VICINITY SKETCH PUBLIC HEARING: Conveyance of an Easement to Lumos Networks Inc. 1� 71 211 9 U- -i R 0 0 -BLUFF P'L 9 VA VILLAGECONVEYANCE OF GE AN EASEMENT . ....... VIL GE LN E DR GRN PARK R A N ............. 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Franklin Street Richmond, Virginia 23219 (804) 649-6208 CHESTERFIELD COUNTY RIGHT OF WAY OFFICE 9840 GOVERNMENT CENTER PKWY. P.O. BOX 608 CHESTERFIELD, VA 23832 Account Number 6025752 Date May 18, 2016 Date Category Description Ad Size Total Cost 05/24/2016 Meetings and Events TAKE NOTICE That on May 25. 2016• at 6:30 p.mor as soon t 2 x 16 L 92.00 TAKE N0110E That on ktay 4 701 at U pm oras soon hredRer as may � W, the Board of Su*sors I Chestefeld County it its regular meHbq OR n h Publlic bog Room of Chesterfield County, Vh- A W01 consor the cWn'rey ma ol a 10' eascement to lumos Het• Yorks, Ix acrossCOget 9501 COM Road. Information regardir� the proposed calieya�e a on foe n the Rir>f Wil Otfi eh ChestefieldCuty,Virginm,andm illeexamirdd�t all ili emsted parties Wmin the hours of 0 am, and A p.m, Monday thglghkiday, The hearlrrgg isheld itapu k facil' designed to beaadssibk toper soradhqudstmns ontheaaxsibilhy thekit ared forreasonableam mmodabonsshouldcontactJan. ice B. Blakley, Clerk to the Board, at 748.120, Persons oeediN neer• prefer smiRs for the def mus! notilythe 06 to the Board nolater thanW1N'N1 Publisher of the Richmond Times -Dispatch This is to certify that the attached TAKE NOTICE That on May 2 was published by the Richmond Times -Dispatch, Inc. in the City of Richmond, State of Virginia, on the following dates: 05/18/2016 The First insertion being given ... 05/18/2016 Newspaper reference: 0000317970 Sworn to and subscribed before me this Ot tary Public Supervisor State of Virginia City of Richmond My Commission expires "';MARYP(!0tJC � f,',Lt{iis Of Virginia '566416 F-;<pires :June 30, 2017 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 -- AGENDA Meeting Date: May 25, 2015 Item Number: 21. Subiect: Adjournment and Notice of Next Scheduled Meeting Supervisors County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: of the Board of Motion of adjournment and notice of the Board of Supervisors meeting to be held on June 22, 2016, at 3:00 p.m. in the Public Meeting Room. Preparer: Janice Blakley Attachments: 1:1 Yes Title: Clerk to the Board 0 No # G,