2016-05-25 MinutesBOARD OF SUPERVISORS
MINUTES
May 25, 2016
Supervisors in Attendance:
Mr. Stephen A. Elswick, Chairman
Ms. Dorothy A. Jaeckle, Vice Chrm
Mr. Christopher M. Winslow
Mr. James M. Holland
Ms. Leslie A. T. Haley
Mr. James J. L. Stegmaier
County Administrator
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Staff in Attendance:
Mr. Greg Akers, Dir.,
Internal Audit
Mr. Mike Bacile, Dir.,
Purchasing
Dr. Sheryl Bailey, Dep.
County Administrator,
Management Services
Ms. Janice Blakley,
Clerk to the Board
Mr. Kevin Bruny, Dean,
Chesterfield University
Ms. Debbie Burcham,
Exec. Dir.,
Community Services Board
Ms. Jana Carter, Dir.,
Juvenile Services
Mr. Jonathan Davis, Dir.,
Real Estate Assessment
Mr. Scott Dunn, Asst. Dir.,
Environmental Engineering
Mr. William Dupler, Dep.
County Administrator,
Community Development
Colonel Thierry Dupuis,
Police Department
Mr. John Harmon,
Real Property Manager
Mr. Matt Harris,
Asst. Dir.,
Budget and Management
Mr. Garrett Hart, Dir.,
Economic Development
Mr. George Hayes, Dir.,
Utilities Department
Mr. Phil Innis, Int. Dir.,
Parks and Recreation
Mr. Rob Key, Dir.,
General Services
Mr. Louis Lassiter, Asst.
County Administrator
Mr. Mike Mabe, Dir.,
Library
Mr. Stylian Parthemos,
Deputy County Attorney
Ms. Kiva Rogers, Dir.,
Social Services
Ms. Chris Ruth, Asst. Dir.,
Public Affairs
Ms. Mary Martin Selby, Dir.,
HR Services
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Chief Loy Senter,
Fire and EMS
Ms. Cindy Smith, Dir.,
Risk Management
Mr. Jesse Smith, Dir.,
Transportation
Ms. Sarah Snead, Dep.
County Administrator
Human Services
Mr. Kirk Turner, Dir.,
Planning
Mr. Rick Witt,
Building Official
Mr. Scott Zaremba, Dir.,
Human Resources Programs
1. APPROVAL OF MINUTES
1.A. APRIL 13, 2016 REGULAR MEETING
1.B. APRIL 20, 2016 JOINT MEETING WITH SCHOOL BOARD AND CAPITI
CONSTRUCTION GOALS AND ACCOUNTABILITY COMMITTEE
1.C. APRIL 27, 2016 REGULAR MEETING
I.D. MAY 12, 2016 MEETING TO CERTIFY CLOSED SESSION
On motion of Mr. Winslow, seconded by Mr. Holland, the Board
approved the minutes of April 13, 2016, April 20, 2016, April
27, 2016 and May 12, 2016, as submitted.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
Mr. Elswick requested that the Resolutions and Special
Recognitions be moved prior to County Administrator's
Comments. He noted that Mike Golden could not be here today,
and his General Assembly resolution would be presented at a
later date.
5. RESOLUTIONS AND SPECIAL RECOGNITIONS
S.B. GENERAL ASSEMBLY RECOGNITION OF COUNTY ADMINISTRATOR
JAMES J.L. STEGMAIER
Ms. Curtin introduced Delegate Kirk Cox, Delegate Riley
Ingram, Senator Amanda Chase, Senator Rosalyn Dance, Delegate
Betsy Carr and Delegate Lee Ware, who were present to
recognize Mr. Stegmaier.
Delegate Cox, Senator Chase, Delegate Ingram, Senator Dance,
Delegate Carr and Delegate Ware all commended Mr. Stegmaier
for his outstanding accomplishments and many years of public
service to the people and businesses of Chesterfield County
and the Commonwealth.
Mr. Elswick then asked Ms. Blakley to read the following
resolution:
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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
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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.
Mr. Stegmaier expressed his sincere appreciation to members
of the General Assembly for the special recognition and kind
sentiments. He also commended county staff for their
tremendous efforts and collaboration during his tenure as
County Administrator.
S.C. RESOLUTION RECOGNIZING DR. MARCUS J. NEWSOME FOR HIS
SERVICE AS SUPERINTENDENT OF CHESTERFIELD COUNTY PUBLIC
SCHOOLS
Ms. Ruth introduced Dr. Marcus J. Newsome, who was present to
receive the resolution.
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
adopted the following resolution:
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
in Chesterfield County,
of Newport News Public
County, Maryland, and
Schools, where he begar
teacher; and
serving as Superintendent of Schools
Dr. Newsome served as superintendent
Schools and worked in Prince George's
in the District of Columbia Public
his career as an art and mathematics
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
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WHEREAS, Chesterfield County Public Schools
performing, award-winning school district, where
and graduation rates have reached all-time highs;
is a high-
test scores
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, leadership and many
talents will be missed, but long will be remembered by the
Board of Supervisors and the residents of Chesterfield
County.
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.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
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All Board members commended Dr. Newsome for his insight and
leadership and extended their sincerest appreciation for his
extraordinary public service, and warmest best wishes for his
continued success.
On behalf of the School Board, Ms. Dianne Smith, Chair,
extended her appreciation for Dr. Newsome's leadership and
outstanding service to the youth and residents of
Chesterfield County.
Senator Dance, Senator Chase, Delegate Cox, Delegate Ingram,
Delegate Carr and Delegate Ware all expressed their
appreciation to Dr. Newsome for his leadership, inspiration
and profound dedication to the youth of Chesterfield County.
Mr. Stegmaier also commended Dr. Newsome for his leadership,
work ethic, exceptional commitment to and passion for the
youth and citizens of Chesterfield County.
Dr. Newsome expressed his sincere appreciation to members of
the Board of Supervisors, School Board and General Assembly
for the special recognition and kind sentiments.
2. COUNTY ADMINISTRATOR'S COMMENTS
2.A. COUNTY ADMINISTRATOR'S REPORT
• Mr. Stegmaier announced on April 28th, 3,000 triploid
grass carp were released into Swift Creek Reservoir as
part of the ongoing Hydrilla Monitoring and Control
Program. He stated hydrilla is a non-native invasive
plant that forms dense mats, and it can negatively
impact all uses of the reservoir.
• Mr. Stegmaier announced on May 22nd, Wegman's store
opened off Midlothian Turnpike a little over a year
after breaking ground on the project. He stated the
supermarket features The Pub by Wegmans, a full-service
family restaurant within the store, and a cafe with
seating for 250 people. He further stated the 118,000
square foot supermarket will employ 600 people and will
serve as the anchor store for other retailers.
2.B. RICHMOND METROPOLITAN TRANSPORTATION AUTHORITY (RMTA)
PRESENTATION
Ms. Angela Gray, CEO of the Richmond Metropolitan
Transportation Authority (RMTA), made a presentation to the
Board on the status and capabilities of the RMTA. She stated
primary objectives of the RMTA are to work with local
jurisdictions on regional projects where invited and serve as
a resource in the area of transportation; working with
constituents to foster greater regional collaboration;
strengthening partnerships and relationships by leveraging
the experience and backgrounds of the expanded board; and
continuing dialogue with local jurisdictions about future and
current needs. She further stated the RMTA is a self-
supporting entity and generates revenue from operations and
proceeds from bond issuance.
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Mr. Holland thanked Ms. Gray for her informative presentation
and recognized RMTA Board members in attendance from various
jurisdictions.
In response to Mr. Holland's question, Ms. Gray stated county
representatives can contact the RMTA relative to
transportation projects. She stressed the importance of
addressing and evaluating transportation needs in various
jurisdictions.
In response to Mr. Elswick's questions, Ms. Gray stated
approximately two-thirds of toll revenue is generated from
Chesterfield County residents. She further stated any new
project that can be facilitated or initiated by any local
jurisdiction would come before the RMTA. She stated an
evaluation would be done and the RMTA Board would have an
opportunity to vote on the project. She further stated a
revenue stream could be developed or opportunities for
federal funding are a few options available to fund specific
projects.
Mr. Holland stressed the importance of finding dedicated
sources of revenue to fund specific transportation projects.
Ms. Sharon Taylor, Director of Mission Strategies for
Goodwill of Central and Coastal Virginia, made a presentation
to the Board regarding workforce development services
provided by the organization. She stated Goodwill's Career
Development Services provide job seekers with the tools they
need to gain employment. She further stated Goodwill delivers
these services through our Community Employment Centers
(CECs). She stated Goodwill operates five of these centers
throughout central and coastal Virginia, each with a team of
professionals whose job is to help find jobs. She further
stated last year through various programs, Goodwill placed
over 2,600 individuals into competitive employment in area
businesses and within the organization.
Mr. Winslow stressed the importance of financial literacy and
Goodwill's `goodChoice' Program which helps people break
lending cycles.
In response to Mr. Winslow's question, Ms. Taylor stated the
biggest challenge to meeting the mission is transportation
for those individuals who need to commute to their job. She
further stated informing the public of Goodwill's workforce
development services is essential. She stated Goodwill
provides vocational evaluations and assessments, training and
job placement help for all sorts of people.
Ms. Jaeckle also stressed the importance of financial
literacy and workforce development. She further stated
education and training needs to be fully accessible to all
individuals in order to transition to independence and
employment.
In response to Ms. Jaeckle's comments, Ms. Taylor stated
Goodwill takes a comprehensive approach to focus on soft
skills in order to help individuals as they move out of
financial dependency into independence.
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Mr. Holland thanked Ms. Taylor for her continued efforts and
informative presentation relative to workforce development.
He again stressed the importance of finding a dedicated
source of revenue to fund transportation needs and educating
individuals relative to financial literacy and employment.
Mr. Elswick thanked Ms. Taylor for her informative
presentation. He stated Goodwill is more than a store and
programs provide an array of community services and family
assistance.
In response to Mr. Elswick's question, Ms. Taylor stated
there are 1,300 Goodwill employees in the region, 600 from
the Richmond area.
Mr. Rob Key, Director of General Services, updated the Board
regarding the Police building and Smith -Wagner projects. He
reviewed reasons for the modified delivery approach to the
one-story stating the contractor was behind schedule; the
contract work in the 2 -and 3 -story building was unfinished
even after the move; and change order pricing from the
general contractor seemed high. He further stated the
modified approach provides for better control over the work
to be completed; better cost control including additional
scope; and additional scope is done at a lower cost. He
stated the final phase is well underway, including
preliminary demolition, removal of the old carpeting and
electrical work, and the last few pieces should be under
contract in June. He further stated bids were received for
the relocation of the 24-hour desk for security purposes
which includes some demolition and reconstruction work. He
stated bids are being evaluated and staff may come to the
Board next month for approval of this component of work, as
related to the modified approach and the individual
procurements required. He noted furnishings and finishes are
on order and it is anticipated to move -in during late summer.
In response to Ms. Jaeckle's question, Mr. Key stated bids
have been received and are currently being evaluated with an
anticipated move -in sometime late this summer.
Ms. Jaeckle expressed concerns relative to the renovation
process and all the set -backs involved. She stated she will
miss entering through the side door and greeting citizens.
In response to Ms. Jaeckle's concerns, Mr. Key stated every
major construction is complex in its own way.
Mr. Stegmaier noted this particular project was done in
phases with an additional project to renovate the interior
space and one-story space. He stated with school renovations,
the key is to have all the funding in place to complete the
project at one time.
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In regards to the Smith -Wagner project, Mr. Key stated prior
to the completion of preliminary work, several steps were
needed to clear the site for the addition. He further stated
in order to have a place for staff displaced by the
demolition of the trailer behind the existing building, used
cubicles were installed in the large Multi -Purpose Room. In
addition, he stated the old cooling tower was on the
footprint of the addition, so it was replaced with a
temporary tower. He noted the permanent cooling tower will be
installed with the new HVAC system. He stated with the
preliminary work completed and Phase 1 now well underway, the
40,000 square foot addition is scheduled for completion in
January 2017. He further stated Phases 2, 3 and 4 are the
renovations of the existing building, both office and clinic
space. He stated the largest portion of the renovation will
begin once staff in those areas is moved into the new
building, scheduled for January 2017, as noted earlier. He
further stated the various phases of this project are being
planned carefully to minimize disruption. He stated it is
important that the technology, security and equipment
components are in place prior to each of the moves.
Mr. Holland expressed his approval of the project's continued
progress and that service delivery needs are still being
coordinated within the scope of the project renovation.
In response to Mr. Elswick's question, Mr. Stegmaier stated
the Smith -Wagner Building houses the county's regional Social
Services Department and Health Department. He further stated
the county currently has a lease with the state for the use
of the building. He stated the lease is being renegotiated to
fit the new building once it is completed. He further stated
there are furnishings and fixtures terms that are also
involved in the lease.
3. BOARD MEMBER REPORTS
Mr. Holland announced he attended VDOT's citizen information
meeting last night at Beulah Elementary School regarding the
Hopkins/Kingsland Road roundabout.
Ms. Haley announced she attended the Wegman's grand opening
on May 22nd. She also announced the Midlothian District held a
Midlothian Plan community workshop regarding the Midlothian
Area Plan on May 23rd at the Midlothian High School Library.
Mr. Winslow announced he, along with Mr. Elswick and Ms.
Jaeckle, attended the Memorial Day Tribute on May 23rd at
Cosby High School. He also invited the public to attend the
Commonwealth's Memorial Day Ceremony on Monday, May 30th at
the Virginia War Memorial.
Mr. Elswick announced on May 14th the Richmond Region
Tourism's National Travel and Tourism Week Awards recipients
were Mr. Jay Stegmaier, for the Chairman's Award selected by
the Board for tremendous leadership in supporting and
promoting Richmond Region tourism; Mr. Mike Golden, former
Director of Chesterfield County Parks and Recreation, for the
Sports Tourism Award (MVP); and Mr. Jim Perdue, Assistant
Director of Chesterfield Parks and Recreation, for the
Tourism Leadership Award.
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4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
On motion of Ms. Haley, seconded by Mr. Holland, the Board
added Item 8.B.5.b., Set Date for Public Hearing to Consider
Ordinance Amendments Related to Private Individual Onsite
Water and Sewage Systems; and added Item 8.B.5.c., Set Date
for Public Hearing to Consider Bon Air Onsite Zoning
Ordinance Amendments.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
6. WORK SESSIONS
There were no Works Sessions at this time.
7. DEFERRED ITEMS
There were no Deferred Items at this time.
8. NEW BUSINESS
8.A. APPOINTMENTS
On motion of Ms. Haley, seconded by Ms. Jaeckle, the Board
suspended its rules to allow simultaneous nomination
/reappointment of a member to the John Tyler Community
College Local Board.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.A.1. JOHN TYLER COMMUNITY COLLEGE LOCAL BOARD
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
simultaneously nominated/ reappointed Mr. John Titus to serve
on the John Tyler Community College Local Board, whose term
is effective July 1, 2016, and will expire on June 30, 2020.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B. CONSENT ITEMS
8.B.1. ADOPTION OF RESOLUTIONS
8.B.l.a. RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT
8.B.1.a.1. MRS. WANDA M. JENKINS, ACCOUNTING DEPARTMENT
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
adopted the following resolution:
WHEREAS, Mrs. Wanda M. Jenkins will retire from the
Chesterfield County Accounting Department as an Accounts
Payable Specialist on June 1, 2016; and
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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.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
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8.B.i.a.2. MS. NANCY C. PARKER, INFORMATION SYSTEMS
TECHNOLOGY DEPARTMENT
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
adopted the following resolution:
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
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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.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.1.a.3. CORPORAL SHEREE L. KENDALL, POLICE DEPARTMENT
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
adopted the following resolution:
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
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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
141
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
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.
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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.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.1.a.4. OFFICER KITTY LYNN COMBS, POLICE DEPARTMENT
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
adopted the following resolution:
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.
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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.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.1.a.5. MS. NANCY MEADOWS, DEPARTMENT OF MENTAL HEALTH
SUPPORT SERVICES
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
adopted the following resolution:.
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
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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.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.l.b. 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
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
adopted the following 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:
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
RRC''TTAT,.q
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
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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.
S. 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 all formal 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
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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 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.
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"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
II.
"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.
"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:
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(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
kw 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.
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"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, 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 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, (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
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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 (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.
II "Director of Budget" means the Director of Budget and
Management of the County.
"Director of Utilities" means the Director of Utilities
of the County.
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"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 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:
(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;
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(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 of
PUBLIC FUNDS ACT") , of the Code of 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
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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
(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
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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.
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"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
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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.
"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.
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(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.
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.
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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, 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 7.11(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
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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 0 ) .
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.
(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:
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(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 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.
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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
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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 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.
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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 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
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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;
(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.
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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.
Section 5.2. Funds and
hereby establishes and creates
Funds which for administrative
by the Director of Budget or t
appropriate identification:
%ccounts . (a)
the following
convenience may
ie Trustee into
(1) Construction Fund;
(2) Revenue Fund;
(3) Operating Fund;
(4) Debt Service Fund;
The County
special trust
be subdivided
Accounts with
(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.
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(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.
cause all Revenues
There shall also be
amounts required to
Bond Resolution.
evenue Fund. (a) The County
to be deposited in the Revenue
deposited in the Revenue Fund any
be deposited therein pursuant to
shall
Fund.
other
this
(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 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
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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 Operating
Reserve Account therein), if the same amount is
transferred thereto on the first day of each of the
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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 (10th)
day of such calendar month.
Section 5.5. Operating Fund. (a) There are hereby
created and established in the Operating Fund an Operating
Account and an Operating Reserve Account.
(b) (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.
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(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 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 ('45 th ) 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 waiting 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
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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 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:
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(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.
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
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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 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
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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
Fund or Account held by the County may
reinvested or deposited in Investment
yields and maturities as determined by the
Funds. (a) Any
y be invested and
Securities having
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.
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(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
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
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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 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 Redemption. When the Trustee
shall receive notice from the County of its election or
direction to redeem Bonds pursuant to Section. 6.2 and when
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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
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://emma.msrb.org) 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
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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.
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
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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 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
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Year until the Operating Budget for such Fiscal Year shall
have 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) 1150 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) 1150 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
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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.
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) 120a 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
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(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, 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
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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 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.
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(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.
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
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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 U on
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;
(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
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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 germs 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 gime 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
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by an Authorized Officer of the County and upon compliance
with the provisions of Article IX.
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
modification of or amendment to this Bond
the rights and obligations of the County
of the Bonds hereunder, in any particular,
Supplemental Resolution, but only, in
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(a) Any
Resolution and of
and of the Holders
may be made by a
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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 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.
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(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.
(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.
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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 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
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(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 ( 4 5 )
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,
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
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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 (250) 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.
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(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.
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
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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 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
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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 (251) 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
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.
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(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 (250) 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.
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
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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
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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
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
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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.
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
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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 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
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filing of any paper or the performance of any further act,
anything herein to the contrary notwithstanding.
Section 11.11. Appointment of Paying Agent. 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.
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.
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(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 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
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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
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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 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,
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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.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.l.c. NAMING A SOCCER FIELD (#15) AT HARRY G. DANIEL PARK
AT IRON BRIDGE IN MEMORY OF SERGEANT JEFFREY
ALEXANDER REED
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
adopted the following resolution:
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.
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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."
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.2. REQUEST FROM THE CHESTERFIELD COUNTY FAIR ASSOCIATION
TO SERVE ALCOHOLIC BEVERAGES (BEER) AS PART OF A
"CHESTERFIELD CHEERS" PROGRAM DURING THE COUNTY FAIR
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
granted 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 the compliance with the conditions filed
with the papers of this Board.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.3. TRANSFER OF DISTRICT IMPROVEMENT FUNDS
8.B.3.a. FROM THE BERMUDA DISTRICT IMPROVEMENT FUND
8.B.3.a.1. TO THE SCHOOL BOARD FOR THE TRANSFORMATION OF
CLASSROOM SPACE INTO A COMMUNITY FAMILY
RESOURCES CENTER AT ECOFF ELEMENTARY SCHOOL
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
transferred $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.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.3.a.2. TO THE DEPARTMENT OF PARKS AND RECREATION TO
PURCHASE AND INSTALL AN INTERNALLY ILLUMINATED
MONUMENT SIGN AT ELIZABETH SCOTT ELEMENTARY
SCHOOL
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
transferred $3,000 from the Bermuda District Improvement Fund
to the Department of Parks and Recreation to purchase and
install an internally illuminated monument sign at Elizabeth
Scott Elementary School.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
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8.B.3.a.3. TO THE SCHOOL BOARD FOR REPLACEMENT STOOLS FOR
THE VISUAL ARTS ROOMS AT THOMAS DALE HIGH SCHOOL
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
transferred $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.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.3.b. FROM THE DALE DISTRICT IMPROVEMENT FUND 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
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
transferred $2,000 from the Dale District Improvement Fund 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.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.4. REQUESTS FOR PERMITS TO STAGE FIREWORKS DISPLAYS
8.B.4.a. AT THE WOODLAKE PAVILION/AMPHITHEATER
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
approved a permit for Woodlake Community Association to stage
a fireworks display at the Woodlake Pavilion/Amphitheater on
September 3, 2016, with no rain date.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.4.b. AT THE SUNDAY PARK PENINSULA OF BRANDERMILL
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
approved a permit for the Brandermill Community Assoication
to stage a fireworks display at the Sunday Park Peninsula at
Brandermill on Monday, July 4, 2016 with a rain date of
Saturday, July 16, 2016.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.5.a. SET DATE FOR PUBLIC HEARING TO CONSIDER THE FY2017
SECONDARY ROAD IMPROVEMENT BUDGET
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
set the date of June 22, 2016, for a public hearing to
consider the Virginia Department of Transportation's FY2017
secondary road improvement budget for Chesterfield County.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
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8.B.5.b.. SET DATE FOR PUBLIC HEARING REGARDING PRIVATE
INDIVIDUAL ONSITE WATER AND SEWAGE SYSTEMS (WELLS,
SEPTIC TANKS AND ALTERNATIVE ONSITE SEWAGE) CODE
AMENDMENTS
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
set the date of June 22, 2016, for a public hearing regarding
Private Individual Onsite Water and Sewage Systems (wells,
septic tanks and alternative onsite sewage) Code Amendments.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.5.c. SET DATE FOR PUBLIC HEARING REGARDING BON AIR
ONSITE ZONING ORDINANCE AMENDMENTS
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
set the date of June 22, 2016, for a public hearing regarding
Bon Air Onsite Zoning Ordinance Amendments.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.6. STATE ROADS ACCEPTANCE
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
adopted the following resolution:
WHEREAS, the streets described below are shown on a
plat recorded in the Clerk's Office of the Ci=rcuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.2-705, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: Pinifer Park at Queenspark
Type Change to the Secondary System miles of State Highways:
Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: §33.2-705
Street Name and/or Route Number
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• Pinifer Park Court, State Route Number 7866
From: Robious Crossing Drive, (Route 832)
To: Cul -de -Sac, a distance of: 0.07 miles.
Recordation Reference: Plat Book 216, Page 83
Right of Way width (feet) = 44
• Robious Crossing Drive, State Route Number 832
From: Pinifer Park Court, (Route 7866)
To: Cul -de -Sac, a distance of: 0.07 miles.
Recordation Reference: Plat Book 216, Page 83
Right of Way width (feet) = 44
• Robious Crossing Drive, State Route Number 832
From: Robys Way, (Route 4077)
To: Pinifer Park Court, (Route 7866), a distance of: 0.06
miles.
Recordation Reference: Plat Book 216, Page 83
Right of Way width (feet) = 44
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.7. REQUESTS FOR PERMISSION
8.B.7.a. FROM ADAMS INSULATION COMPANY, INCORPORATED TO
INSTALL A PRIVATE SEWER SERVICE WITHIN A PRIVATE
EASEMENT TO SERVE PROPERTY ON BELMONT ROAD
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
granted Adams Insulation Co., Inc. permission to install a
private sewer service within a private easement to serve
property at 6213 Belmont Road and authorized the County
Administrator to execute the sewer connection agreement. (It
is noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.7.b. FROM HHHUNT HOMES, L.C. FOR CONCRETE DRIVEWAYS TO
ENCROACH WITHIN AN EIGHT -FOOT EASEMENT ACROSS LOTS
21, 23, 27 AND 33, WYNWOOD AT FOXCREEK, SECTION 12
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
granted 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. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
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8.B.7.c. FROM HHHUNT HOMES, L.C. AND CHARLES M. VENINI, JR.
AND ELIZABETH D. VENINI FOR CONCRETE DRIVEWAYS TO
ENCROACH WITHIN AN EIGHT -FOOT EASEMENT ACROSS LOTS
12, 23, 27 AND 29, WYNWOOD AT FOXCREEK, SECTION 1
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
granted 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. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.7.d. FROM MCLAUGHLIN HOLDINGS, LLC TO INSTALL PRIVATE
WATER AND SEWER SERVICES WITHIN PRIVATE EASEMENTS
TO SERVE LOT 1, CAMERON FARMS, SECTION 55
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
granted McLaughlin Holdings, LLC permission to install
private water and sewer services within private easements to
serve Lot 1, Cameron Farms, Section 55, and authorized the
County Administrator to execute the water and sewer
connection agreement. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.7.e. FROM MCLAUGHLIN HOLDINGS, LLC TO INSTALL A PRIVATE
WATER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE
LOT 2, CAMERON FARMS, SECTION 55
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
granted McLaughlin Holdings, LLC permission to install a
private water service within a private easement to serve Lot
2, Cameron Farms, Section 55, and authorized the County
Administrator to execute the water connection agreement. (It
is noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.7.f. FROM PROSINC, LLC FOR A DRIVEWAY TO ENCROACH ON
COUNTY PROPERTY ON FOUNDERS BRIDGE TERRACE
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
granted 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. (It is noted a copy
of the plat is filed with the papers of this Board.)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
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8.B.7.g. FROM CHAD D. WHITE AND ALYSSA N. WHITE FOR A
PROPOSED ASPHALT DRIVEWAY TO ENCROACH WITHIN A
FIVE-FOOT EASEMENT ACROSS LOT 22, NORTH SETTLERS
LANDING, SECTION 3
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
granted 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. (It is noted
a copy of the plat is filed with the papers of this Board.)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.7.h. FROM CHAD D. WHITE AND ALYSSA N. WHITE TO INSTALL
A PRIVATE WATER SERVICE WITHIN A PRIVATE EASEMENT
TO SERVE PROPERTY ON GROUNDHOG DRIVE
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
granted Chad D. White and Alyssa N. White permission to
install a private water service within a private easement to
serve property at 9931 Groundhog Drive and authorized the
County Administrator to execute the water connection
agreement. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.8. ACCEPTANCE OF PARCELS OF LAND
8.B.8.a. ALONG IRON BRIDGE ROAD FROM CAMBRIDGE ENTERPRISES
LLC
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
accepted the conveyance of three parcels of land containing a
total of 0.084 acres along Iron Bridge Road from Cambridge
Enterprises LLC, and authorized the County Administrator to
execute the deed. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.8.b. ALONG EAST HUNDRED ROAD FROM EMERSON -ROPER
COMPANIES, LLC
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
accepted the conveyance of four parcels of land containing a
total of 0.185 acres along East Hundred Road from Emerson -
Roper Companies, LLC, and authorized the County Administrator
to execute the deed. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
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8.B.8.c. ALONG HULL STREET ROAD FROM HAMPTON PARK COMMERCIAL
I I , LLC
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
accepted the conveyance of a parcel of land containing 0.125
acres along Hull Street Road from Hampton Park Commercial II,
LLC, and authorized the County Administrator to execute the
deed. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.8.d. ALONG LE GORDON DRIVE FROM TURTLEBACK, LLC
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
accepted the conveyance of a parcel of land containing 0.05
acres along Le Gordon Drive from Turtleback, LLC, and
authorized the County Administrator to execute the deed. (It
is noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.8.e. ALONG BERMUDA HUNDRED ROAD FROM VIRGINIA TRUCK
CENTER OF RICHMOND, INCORPORATED
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
accepted 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 authorized the County
Administrator to execute the deed. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.8.f. ALONG HULL STREET ROAD FROM FRUC-TUOUS, LLC
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
accepted the conveyance of a parcel of land containing 0.003
acres along Hull Street Road from Fruc-Tuous, LLC, and
authorized the County Administrator to execute the deed. (It
is noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
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8.B.9. REQUEST TO VACATE AND REDEDICATE A VARIABLE WIDTH
WATER EASEMENT ACROSS THE PROPERTY OF COLONY VILLAGE,
LLC
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
authorized 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. (It is noted a copy of the plat is filed with the papers
of this Board.)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.10. REQUEST TO VACATE AND REDEDICATE A VARIABLE WIDTH
WATER EASEMENT AND A SIXTEEN -FOOT DRAINAGE EASEMENT
(PUBLIC) ACROSS THE PROPERTY OF COLONY VILLAGE PHASE
I I , LLC
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
authorized 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. (It is
noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.11. REQUESTS TO QUITCLAIM
8.B.11.a. A PORTION OF SIXTEEN -FOOT WATER EASEMENT ACROSS
PROPERTY OF FINER HOMES INCORPORATED
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
authorized 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 property of Finer
Homes Incorporated. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.11.b. A PORTION OF A SIXTEEN -FOOT WATER EASEMENT ACROSS
THE PROPERTY OF REBKEE PARTNERS IRONBRIDGE, LLC
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
authorized 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. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
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8.B.12. APPROVAL OF A TREE CANOPY EASEMENT AND BANKING
AGREEMENT FROM DOUGLAS R. SOWERS
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
accepted a tree canopy easement and banking agreement from
Douglas R. Sowers and authorized the County Administrator to
execute the agreement. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.13. APPROPRIATION OF SCHOOLS' POSITIVE BEHAVIOR
INTERVENTION AND SUPPORTS GRANT
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
appropriated $100,000 in the schools' instruction
appropriation category to support the award of a Positive
Behavior and Support grant.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.C. CLAIM OF CENTRAL CITY TOWING
Mr. Mincks stated in 2013, Chesterfield County renewed its
towing contract with Central City Towing. He further stated
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. He stated on October 5, 2014,
the Police Department requested towing services from Central
City Towing following a multi -vehicle accident that occurred
in the county. He further stated Central City Towing then
charged the owners a total of $6,637 for the services
rendered. He stated under Addendum D, the owners should have
been charged a total of $1,323. He further stated the
Chesterfield County Police Department received a complaint
regarding the charges levied by Central City Towing and
opened an investigation into the towing services provided by
Central City Towing. He stated Central City Towing's contract
was then terminated. He further stated 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. He stated Central
City Towing also contends that federal law prohibits the
county from requiring a vendor like Central City Towing "to
limit its fees or charges of the owners/operators of the
vehicles agree to charges in excess of those listed or set
forth in the contract." He further stated 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.
He stated staff recommends that the Board deny, Central City
Towing's claim so that this matter can proceed to litigation.
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1E
Mr. Sadiq Gill, representing the Central City Towing, LLC,
presented a summary of the claim of Central City Towing. He
stated on October 5, 2014, Central City Towing responded to a
crash involving multiple vehicles that were severely
entangled with and on top of one another. He further stated
using expertise and skill acquired over a number of years,
Central City Towing separated, rigged and hoisted the
vehicles and then towed two of them away from the accident
scene. He stated Central City Towing did so only after
obtaining agreement from the owners/operators to pay a fee
commensurate with the complicated and challenging task at
hand. He further stated Central City Towing charged a total
of $6,637 for its services on this occasion. He stated upon
finding Central City Towing's services to be violative of the
deal with Chesterfield, a letter advised Central City Towing
that the contract was being terminated and Central City
Towing would be removed from the list. He further stated
since January 10, 2015, Central City Towing has not received
from the Chesterfield County Police Department a referral for
disabled vehicles services. He stated loss of such business
has caused damages to Central City Towing for which
Chesterfield is liable. He further stated when Chesterfield
declared as a violation of the contract Central City Towing's
charging $6,637 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. He stated Chesterfield,
through the actions of the Chesterfield County Police
Department, unlawfully removed Central City Towing from the
list.
Mr. Mincks stated after extensive research, no preemption
issue was found. He further stated under Addendum D, the
owners of the vehicle should have been charged a total of
$1,323 not $6,637. He stated staff recommends that the Board
deny Central City Towing's claim so that this matter can
proceed to litigation.
Ms. Jaeckle stated the Board does not have the ability to
reinstate the contract between Chesterfield County and
Central City Towing. She further stated Mr. Ward has a
stellar reputation among fellow towers and police and there
has never been a complaint by a customer relative to service.
She expressed concerns relative to permanently removing
Central City Towing from the towing list after one
questionable incident. She stated she would like to see his
company reinstated on the Chesterfield County towing list.
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
denied the claim of Central City Towing.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
IW Mr. Gill reiterated his stance on the claim relative to
consensual towing fees.
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9. REPORTS
9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS
9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR
FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND
LEASE PURCHASES
On motion of Ms. Haley, seconded by Mr. Holland, the Board
accepted the following reports: a Report on Developer Water
and Sewer Contracts; and a Report on Status of General Fund
Balance, Reserve for Future Capital Projects, District
Improvement Funds and Lease Purchases.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
10. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
11. CLOSED SESSION PURSUANT TO SECTION 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
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
went into closed session pursuant to Section 2.2-3711(A) (3) ,
Code of Virginia, 1950, as amended, to discuss the
acquisition by the county of real estate for a public
purposed where discussion in an open meeting would adversely
affect the bargaining position and negotiating strategy of
the county.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
Reconvening:
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, the Board of Supervisors has this day adjourned
into Closed Session in accordance with a formal vote of the
Board and in accordance with the provisions of the Virginia
Freedom of Information Act; and
WHEREAS, the Virginia Freedom of Information Act
effective July 1, 1989 provides for certification that such
Closed Session was conducted in conformity with law.
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NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors
does hereby certify that to the best of each member's
knowledge, i) only public business matters lawfully exempted
from open meeting requirements under the Freedom of
Information Act were discussed in Close Session to which this
certification applies, and ii) only such business matters
were identified in the motion by which the Closed Session was
convened were heard, discussed or considered by the Board. No
member dissents from this certification.
Mr.
Winslow:
Aye.
Ms.
Haley:
Aye.
Mr.
Holland:
Aye.
Ms.
Jaeckle:
Aye.
Mr.
Elswick:
Aye.
12. DINNER
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
recessed to Room 502 for dinner.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
Reconvening:
13. INVOCATION
The Honorable Leslie Haley, Midlothian District Supervisor,
gave the invocation.
14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Eagle Scout David Maloy led the Pledge of Allegiance to the
Flag of the United States of America.
15. RESOLUTIONS
15.A. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF
EAGLE SCOUT
Ms. Ruth introduced Mr. David Robinson Maloy, Mr. Kevin
Thomas Mooz, Mr. Cole Edward Milliron, Mr. Phillip Andrew
Clabough and Mr. Nathaniel Graves Wells, who were present to
receive the resolution.
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
adopted the following resolution:
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
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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.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
Mr. Holland, Mr. Winslow and Ms. Haley presented the executed
resolutions and patches to each Eagle Scout, accompanied by
members of their families, congratulated them on their
outstanding achievements and wished them well in future
endeavors.
Each Eagle Scout provided details of their Eagle Scout
project and expressed appreciation to their families and
friends for their support.
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91
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15.B. RECOGNIZING THE 2016 WINNERS OF THE MISS CHESTERFIELD
SCHOLARSHIP PAGEANT
Ms. Ruth introduced Ms. Kyle Grinnage, Executive Director of
the Miss Chesterfield Scholarship Pageant, and the 2016 Miss
Chesterfield Scholarship Pageant winners, who were present to
receive the resolution.
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
adopted the following resolution:
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.
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05/25/16
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.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
Mr. Holland presented the executed resolutions to each of the
pageant winners and congratulated them on their exemplary
achievements.
Ms. Grinnage and members of the organization expressed
appreciation to the Board for the special recognition and
continued support.
Each pageant winner introduced themselves and briefly
described their future goals and volunteer work.
16. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Ms. Missy Yeary, owner of Central Virginia Realty and member
of the Home Builders Association, addressed the Board
relative to potential revisions to the current. cash proffer
policy.
Mr. David Owen, member of the Home Builders Association,
addressed the Board relative to potential revisions to the
current cash proffer policy.
Mr. Jack Thompson, vice-president of construction with
Richmond Habitat for Humanity, urged the Board to consider
incentives for developers to create mixed -income communities.
Mr. George Bryant addressed the Board relative to potential
revisions to the current cash proffer policy.
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17. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING
PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE
FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE
THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO
OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT
THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION
WILL BE HEARD AT SECTION 19
16SN0138
In Bermuda Magisterial District, Milton S. Glass requests
renewal of manufactured home permit (Case 95SN0281) to permit
a temporary manufactured home and amendment of zoning
district map in a Residential (R-7) District on 0.4 acres
known as 3012 Botone Avenue. Density is approximately 2.5
units per acre. The Comprehensive Plan suggests the property
is appropriate for Residential use (2.51-4 units/acre). Tax
ID 789-676-2598.
Mr. Turner stated Ms. Jaeckle is requesting a deferral to the
August 24, 2016 regularly scheduled meeting. He noted the
applicant is not present, but indicated his consent to the
deferral.
Mr. Elswick called for public comment.
There being no one to speak to the deferral, the public
hearing was closed.
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
deferred Case 16SN0138 until August 24, 2016.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
16SN0140
In Matoaca Magisterial District, Virginia State University
Booster Club requests renewal of manufactured home permit
(Case 09SN0159) to permit a temporary manufactured home and
amendment of zoning district map in a Residential (R-7)
District on 0.9 acre known as 20911 Third Avenue. The Ettrick
VSU Special Area Plan suggests the property is appropriate
for Institutional Use. Tax ID 796-612-8206.
Mr. Turner presented a summary of Case 16SN0140 and stated
staff recommended approval, subject to the conditions.
Mr. Richard Booker, representing the Virginia State
University Booster Club, accepted the conditions.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
16-419
05/25/16
On motion of Mr. Elswick, seconded by Mr. Holland, the Board
approved Case 16SN0140, subject to the following conditions:
1. The manufactured home shall be owned by the applicant
and the permit shall be granted to and for Virginia
State University Booster Club exclusively. (P)
2. No additional permanent -type living space may be added
onto this manufactured home. (P)
3. This manufactured home shall be used as a non-profit
civic, social and fraternal club and lodge only. (P)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
16SN0569
(AMENDED) In Clover Hill Magisterial District, MHG Food
Service INC., Gary A. Rose, WEN Virginia LLC, Nouhad Abou
Attallah and Midlothian Parc, LLC request rezoning from
General Business (C-5) to Community Business (C-3) and
conditional use planned development to permit exceptions to
ordinance requirements plus amendment of zoning district map
on 1.2 acres located in the northwest corner of Hull Street
Road and Suncrest Drive. Density will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for Neighborhood
Business use. Tax ID 747-685-5175.
Mr. Turner presented a summary of Case 16SN0569 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Mr. Mark Baker, representing the applicant, accepted the
recommendation. He commended Planning staff for their
assistance with the permit process.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
Mr. Winslow expressed appreciation to the applicant for
investing in Chesterfield County.
Mr. Winslow then made a motion, seconded by Mr. Holland, for
the Board to approve Case 16SN0569 and accept the proffered
conditions.
Ms. Jaeckle reiterated Mr. Winslow's comments and expressed
appreciation to Planning staff for their efforts.
Mr. Elswick called for a vote on Mr. Winslow's motion,
seconded by Mr. Holland, for the Board to approve Case
16SN0569 and accept the following proffered conditions:
The Owner -Applicant in this zoning case, pursuant to Section
15.2-2298 of the Code of Virginia (1950 as amended) and the
Zoning Ordinance of Chesterfield County, for itself and its
successor or assigns, proffers that the development of the
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�qw
0
property (the "Property") will be developed as set forth
below; however, in the event the request is denied or
approved with conditions not agreed to by the Owner -
Applicant, these proffers shall be immediately null and void
and of no further force or effect.
1. Master Plan. The Textual Statement dated March 7,
2016, and last revised March 25, 2016, and the site
plan entitled "Rockwood Wendy's Layout Plan",
prepared by Silvercore and dated September 23, 2015
(Exhibit A) shall be considered the Master Plan.
(P)
2. Uses: Except for the uses listed below, which shall
be prohibited, permitted uses shall be uses
permitted by right, or with restrictions, in the
Community Business (C-3) District:
a. Alternative Financial Institutions
b. Cocktail Lounges or Nightclubs
C. Coin Laundry
d. Commercial Kennels
e. Communication towers
f. Fraternal Uses
g. Feed, seed and ice sales
h. Funeral Home or Mortuary
i. Gasoline Sales
j. Halfway Houses
k. Home Centers
1. Hospitals
M. Hotels
n. Indoor or Outdoor Flea Markets
o. Material reclamation and recycling centers
p. Motor Vehicle Sales, Service, Repair and
Rental, including Motor Vehicle Consignment
lots
q. Motor Vehicle Wash
r. Outside Public Address systems
S. Park and ride lots
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t. Tattoo Parlors
U. Taxidermies
V. Theaters, including drive-in
W. Veterinary Hospital with outside runs (P)
3. Road Improvements. Prior to issuance of an
occupancy permit, the following road improvements
shall be completed:
a. Construction of a sidewalk along the north
side of Hull Street Road (Route 360) and along
the west side of Suncrest Drive for the entire
property frontage.
b. Dedication to and for the benefit of
Chesterfield County, free and unrestricted of
any additional right of way or easements
required for the improvements identified
above. (T)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
16SN0676
In Matoaca Magisterial District, Christopher Neil Carty
requests conditional use planned development to permit an
exception to road frontage requirements and amendment of
zoning district map in an Agricultural (A) District on 30.3
acres lying 1,005 feet off the east line of River Road, 2,520
feet south of Graves Road. Density will be controlled by
zoning conditions or Ordinance standards. The Comprehensive
Plan suggests the property is appropriate for Residential
Agricultural use (maximum of 0.5 dwellings per acre). Tax ID
758-617-3730.
Mr. Turner presented a summary of Case 16SN0676 and stated
both the Planning Commission and staff recommended approval,
subject to the conditions.
Mr. Christopher Carty accepted the conditions.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Mr. Elswick, seconded by Ms. Haley, the Board
approved Case 16SN0676, subject to the following conditions:
1. Road Frontage & Access. No public road frontage shall be
required for a dwelling. Access to the parcel shall be
provided in accordance with Proffered Conditions 2, 3
and 4. ( P )
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2. Easement. Prior to approval of a building permit, the
property owner shall provide a copy of a recorded
instrument which will include the following:
a. A condition that shall require that no structure or
fence shall be constructed to block the access.
b. A condition that shall require the land owner of
the subject property to be responsible for
maintenance of the access.
C. A thirty (30) foot private access easement from
Point A to Point B, as generally shown on Exhibit
A. (P)
3. Driveway Standards. A fifteen (15) foot wide driveway
shall be constructed and maintained to all weather
standards from Point A to Point B in accordance with the
following standards:
a. This driveway shall consist of not less than the
following: compacted soil sub -base with six (6)
inches of compacted 21-B crushed stone, if an
asphalt based surface is to be applied, it shall be
designed and constructed to Chesterfield County
subdivision street requirements or an equivalent
design approved by the Subdivision Team, capable of
supporting the projected 75,000 pound vehicle
weight and shall be maintained to this standard.
The driveway shall not be approved if it is rutted
or potholed.
b. There shall be an additional three (3) foot clear
area beyond the edge of the driveway.
C. There shall be a minimum vertical clearance of
fourteen (14) feet of area above the driveway.
d. The driveway shall have a maximum grade of ten (10)
percent with an appropriate transition at the
street connection.
e. The minimum inside turning radius for any curve
shall be twenty-seven (27) feet.
f. Any cross drains shall be designed to accommodate a
minimum ten (10) year storm. (P)
4. Driveway Inspection. Prior to issuing a Certificate of
Occupancy, the Planning Department shall inspect this
driveway to determine compliance as set forth above. (P)
5. Future Divisions of Property. No further divisions of
the property, including family subdivisions, shall be
permitted unless adequate public road frontage is
provided. (P)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
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16SN0689
In Bermuda Magisterial District, Icon Mars Property Owner
Pool 2 LLC and Icon Mars Property Owner Pool 4 DC/VA LLC
request amendment of conditional use planned development
(Case 96SN0268) to permit outside storage and amendment of
zoning district map in a Light Industrial (I-1) District on
22.2 acres located in the southwest quadrant of Meadowville
Road and Kingston Avenue. Density will be controlled by
zoning conditions or Ordinance standards. The Comprehensive
Plan suggests the property is appropriate for Industrial use.
Tax IDs 818-654-1594, 5193 and 7468; 818-655-3604 and 5421;
and 819-654-0582.
Mr. Turner presented a summary of Case 16SN0689 and stated
both the Planning Commission and staff recommended approval,
subject to the conditions. He noted the applicant is not
present, but indicated his consent of the conditions.
Ms. Jaeckle acknowledged the absence of the applicant.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
approved Case 16SN0689, subject to the following conditions:
1. In addition to the uses permitted by the Textual
Statement of Case 96SN0268, the following use shall also
be permitted:
D. Use, Bulk Exceptions, Conditions and Standards of
Development
a. Outside storage, provided the following
restrictions are meet:
(i) Outside storage shall consist of single -
unit box trucks and/or tractor trailer
parking only.
Outside storage areas shall be
restricted to the proposed parking area,
generally as shown on Exhibit A.
(iii) Screening for outside storage areas
shall meet Ordinance requirements. In
addition, existing vegetation shall be
retained between any outside storage
area and the ultimate right of way
(Meadowville Road and Kingston Avenue),
to the maximum extent practical. (P)
(Staff Note: Except as amended herein, all previous
conditions of zoning approved in Cases 96SN0268 and
OOSN0176 shall remain in full force and effect.)
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2. Post -development 2, 10 and 100 year stormwater discharge
shall not exceed the predeveloped 2, 10 and 100 year
stormwater discharge, respectively. (EE)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
16SN0692
In Midlothian Magisterial District, Johnson Development
Association, Inc. requests rezoning from Agricultural (A) to
General Business (C-5) and amendment of zoning district map
on 11 acres located in the southeast corner of Midlothian
Turnpike and Otterdale Woods Road. Density will be controlled
by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
Suburban Commercial District and Planned Transition Area
uses. Tax IDs 721-709-7721 and 722-709-0435.
Mr. Turner presented a summary of Case 16SN0692 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Mr. Jack Wilson, representing the applicant, accepted the
recommendation.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
Ms. Haley commended the applicant for bringing a quality
product to the Midlothian corridor.
Ms. Haley then made a motion,
the Board to approve Case
following proffered conditions:
seconded by Mr. Winslow, for
16SN0692 and accept of the
The property owner and applicant in this case, pursuant to
Section 15.2-2298 of the Code of Virginia (1950 as amended)
and the Zoning Ordinance of Chesterfield County, for
themselves and their successors and assigns, proffer that the
property under consideration (the "Property") will be
developed according to the following proffers if, and only
if, the request submitted herewith is granted with only those
conditions agreed to by the owner and applicant. In the
event this request is denied or approved with conditions not
agreed to by the owner and applicant, the proffers shall
immediately be null and void and of no further force or
effect.
1. Site Plan. The Property shall be developed
generally as shown on the Site Plan, prepared by
Townes Site Engineering dated April 11, 2016, and
attached as Exhibit A. (P)
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2. Uses. The only permitted use is a mini -storage
facility. No storage unit shall be used for
office or dwelling purposes. (P)
3. Elevations. The exterior facades of the
improvements on the Property shall be substantially
similar to the elevations shown on Exhibits B-1, B-
2 and B-3 prepared by GMF+ Associates and dated
April 11, 2016. (P)
4. Facades. Vertical architectural fagade features
shall be continued a minimum of ten (10) feet in
depth from the building facade. (P)
5. Dedication. Prior to any site plan approval, or
within sixty (60) days of a written request by the
Transportation Department, whichever occurs first,
fifty (50) feet of right-of-way on the east side of
Otterdale Woods Road, measured from the centerline
of that part of Otterdale Woods Road immediately
adjacent to the Property, shall be dedicated, free
and unrestricted, to and for the benefit of
Chesterfield County. (T)
6. Access.
a. No direct vehicular access shall be provided
from the Property to Otterdale Woods Road.
b. Direct vehicular access from the Property to
Route 60 shall be limited to one (1)
entrance/exit. The exact location of this
access shall be approved by the Transportation
Department. (T)
7. Road Improvements. Prior to issuance of a
certificate of occupancy on the Property, the
following road improvements shall be completed, as
determined by the Transportation Department:
a. Construction of an additional lane of pavement
along the eastbound lanes of Route 60 for the
entire Property frontage, except for pavement
widening across the existing bridge area
located towards the eastern property line. The
exact length of this improvement shall be
approved by the Transportation Department;
b. Construction of additional pavement along the
eastbound lanes of Route 60 at the approved
access to provide a separate right turn lane;
C. Construction of a sidewalk along Route 60 for
the entire Property frontage, except for a
sidewalk across the existing bridge area
located towards the eastern property line. The
exact length of this improvement shall be
approved by the Transportation Department;
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d. Full cost of traffic signal modifications at
the Route 60/Otterdale Woods Road
intersection, if warranted, as determined by
the Transportation Department; and
e. Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way
(or easements) required for the improvements
identified above. (T)
8. Drainage.
a. Storm drainage from the impervious/developed
portion of the Property shall be released into
the adjacent preserved wetlands at a rate of
no more than the pre development 2 year
discharge rate up through the post development
100 year storm event.
b. All drainage facilities shall be screened from
Midlothian Turnpike.
C. In order for its present function of holding
back stormwater runoff from downstream
development to be incorporated into the
stormwater management program for the upland
site development, the Wetland Area shown on
the Site Plan Exhibit shall be maintained in
perpetuity as an undisturbed vegetated area
with no improvements other than driveways,
utilities, and stormwater facilities. (EE)
9. Lighting. Light poles shall not exceed fifteen (15)
feet in height. (P)
10. Outside Storage. There shall be no outside
storage. (P)
11. Hours of Operation. The hours of operation shall
be between the hours of 6:00 a.m. and 10:00 p.m.
(P)
12. Noise. Uses allowed on the property shall be
designed and operated so as not to generate noise
levels above 55 dBa at the property line. (P)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
16SN0693
In Midlothian Magisterial District, Ryan Ferguson requests
conditional use to permit a two-family dwelling and amendment
of zoning district map in a Residential (R-25) District on
2.9 acres fronting 150 feet on west line of Royal Crest
Drive, 95 feet north of Riverdowns South Drive. Residential
use of up to 1.74 units per acre is permitted in the
Residential (R-25) District. The Comprehensive Plan suggests
the property is appropriate for Low Density Residential use
(maximum of 1.0 dwelling per acre). Tax ID 722-721-7869.
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Mr. Turner presented a summary of Case 16SN0693 and stated
both the Planning Commission and staff recommended approval,
subject to the conditions.
Mr. Ryan Ferguson accepted the conditions.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Ms. Haley, seconded by Mr. Holland, the Board
approved Case 16SN0693, subject to the following conditions:
1. Occupancy of the second dwelling unit shall be limited
to: the occupants of the principal dwelling unit,
individuals related to them by blood, marriage, adoption
or guardianship, foster children, guests and any
domestic servants. (P)
2. For the purpose of providing record notice, within
thirty (30) days of approval of this request, a deed
restriction shall be recorded setting forth the
limitation in Condition 1. The deed book and page number
of such restriction and a copy of the restriction as
recorded shall be submitted to the Planning Department.
(P)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
16SN0700
In Midlothian Magisterial District, Glasser Properties, LLC
requests rezoning from Agricultural (A) to Neighborhood
Office (0-1) plus conditional use planned development to
permit exceptions to ordinance requirements and amendment of
zoning district map on 0.7 acre known as 8720 Forest Hill
Avenue. Density will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for Neighborhood Office use. Tax ID
755-719-6765.
Mr. Turner presented a summary of Case 16SN0700 and stated
both the Planning Commission and staff recommended approval,
subject to the conditions.
Ms. Christine Glasser -Lantz accepted the conditions. She
commended Ms. Haley and Planning staff for their assistance
with the permit process.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
Ms. Haley also commended Planning staff for their efforts and
assistance to the applicant.
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Ms. Haley then made a motion, seconded by Mr. Holland, for
the Board to approve Case 16SN0700, subject to the following
conditions:
1. Master Plan. The Textual Statement dated May 2, 2016
shall be considered the master plan. (P)
2. Concept Plan Requirements. The site shall be developed
as generally depicted on the Concept Plan (Exhibit A).
However, the exact location of buildings, parking and
other improvements may be modified provided such
modifications comply with Ordinance standards,
conditions herein, and provided that the general intent
of the plan is maintained. Modifications to the Concept
Plan may be reviewed and approved by the Director of
Planning at time of site plan review. (P)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
18. PUBLIC HEARINGS
18.A. 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
Mr. Hayes stated this date and time has been advertised for
the Board to consider appropriation not to exceed $75,000 in
payment to the escrow agent for the advance refunding of
water and sewer revenue bonds. He further stated staff worked
with the county's financial advisors, Davenport and 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. He stated utilities can
refinance outstanding revenue bonds that will result in
present values debt service savings of approximately $7.5
million over the period FY2017-FY2030.
Mr. Winslow and Mr. Holland applauded the efforts of staff
relative to debt service savings.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
approved the appropriation not to exceed $75,000,000 in
payment to the escrow agent for the advance refunding of
water and sewer revenue bonds.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
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18.B. 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
SPECIAL FUND REVENUE BOND PROCEEDS FOR THE REFUNDING OF
SELECTED MATURITIES OF CERTIFICATES OF PARTICIPATION
Mr. Harris stated this date and time has been advertised for
the Board 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
special fund revenue bond proceeds for the refunding of
selected maturities of certificates of participation. He
further stated staff worked with the county's financial
advisors to analyze the county's outstanding general
obligation debt to determine if the market is favorable for
refunding various callable bonds. He stated the financial
advisors have identified several series of general obligation
bonds eligible for refunding. He further stated the county
can refinance outstanding bonds that will result in present
value savings of approximately $3.8 million over the period
FY2017-FY2030.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
Mr. Holland applauded the efforts of staff relative to debt
service savings.
Mr. Holland then made a motion, seconded by Mr. Winslow, for
the Board to approve 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 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.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
18.C. 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
Mr. Smith stated this date and time has been advertised for
the Board 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. Mr.
Smith further stated staff has been able to work out
voluntary conveyances with all of the land owners that are
subject to the public hearing. He stated no action is needed
at this time.
No action was taken.
In response to Mr. Holland's question, Mr. Smith stated the
son of deceased property owner Armon Deurmier submitted his
power of attorney today.
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18.D. TO CONSIDER THE CONVEYANCE OF AN EASEMENT TO LUMOS
NETWORKS INCORPORATED
Mr. Harmon stated this date and time has been advertised for
the Board to consider the conveyance of an easement to Lumos
Networks Incorporated.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
In response to Mr. Holland's question, Mr. Harmon stated
there is no monetary consideration for the easement because
it is providing utility service to the T -Mobile facilities on
county property.
On motion of Mr. Winslow, seconded by Mr. Holland, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an easement agreement with
Lumos Networks Inc. for a 10 -foot underground easement across
property of Watkins Elementary School, 501 Coalfield Road.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
19. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
There were no remaining requests for manufactured home
permits or rezoning at this time.
20. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. Will Shewmake addressed the Board relative to potential
revisions to the current cash proffer policy.
In response to Mr. Shewmake's remarks, Mr. Holland noted he
would be reviewing the current cash proffer policy relative
to legal definitions.
21. ADJOURNMENT
On motion of Mr. Holland, seconded by Ms. Haley, the Board
adjourned at 7:40 p.m. until June 22, 2016.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
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Step en A. Elswick
Chairman
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