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05-27-1992 PacketCHESTERFi ELD COUNTY BOARD OF SUPERVISORS AGE NDA MEETING DATE: SUBJECT: May 27, 1992 ITEM NUMBER; Cheryl Earp, Utilities Department Meter Reader of the Year 2oao COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION We are actively striving towards total quality management in Chesterfield County - so, it is understandable that we are quite proud of one of our employees - Cheryl Earp of the Utilities Department Cheryl was selected from a field of 179 nominees from around the world as the Itron Corporation's 1992 Meter Reader of the Year. Cheryl easily met the criteria for: Overall performance Customer Relations Teamwork Attitude Contributions to work unit She is the first female recipient of this award. ATTACHMENTS: YES !-'1 NO · SIGNATURE: News & Public Information and John M. Bragg, Assistant Director of Utilities CO~NI STRATOR O0 0 0/f.-" Cheryl Earp On June 14, she and her husband, and John Watson, her supervisor, will be flown to Atlanta as guests of Itron, where she will be presented with the award. Itron Corporation develops and maintains hand-held computers used by Chesterfield County. It is the major producer of meter-reading equipment for more than 800 municipalities, water, gas and electric utilities (including Virginia Power) in the United States and throughout Canada, Europe, Australia, China and Saudi Arabia. 00 002 CHESTERFI ELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE: May 27, 1992 SUBJECT: COUNTY ADMINISTRATOR COMMENTS ITEM NUMBER: 2,Bo COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OFINFORMATION: One of the major projects still remaining on our Parks Improvements Bond Program is acquisition development of a Clover Hill Sports Complex. 1989 and The full program for development of this project calls for the following facilities: One (1) Football/Soccer Field - Phase I add alternate Three (3) Soccer Fields Two (2) Softball Fields - Phase I Restroom/Concession Picnic Shelter Fitness Trail Playground Parking and Roads - Phase I It is recommended that a surplus middle school site adjacent to Providence Elementary School be developed for this project. The site became available for this use as a result of conversion of nearby Manchester High School to a middle school. Funding currently available for acquisition and minimal development could now be used for Phase I construction of recreational fa~il.i_ties. ATTACHMENTS: YES I NO [] SIGNATURE: COUNTY ADM I N! STRATOR 0O County Administrator Comments, Conti. Page --2-- The project will provide much needed relief to the current shortage of lighted baseball/softball fields. Potential donation of adjacent wetland areas and acquisition of a small adjoining parcel will add to this project on extensive greenway trail system along Falling Creek. Substantial Accord will be requested and Construction plans will be developed in the next ninety (90) days with site work projects to begin in late summer or early fall. Plans will, at school administration re~est, show potential long-term co-development of a middle school on the site. The School system should be commended for their cooperative effort for aiding in the development of this project. A:WDP02/MG/JB 00 004 1\ CLOVER HLL, I', I00' ,,I O0 005 006 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGE NDA MEETING DATE : H~¥ 27~ lqq? ITEM NUMBER: SUBd~:CT: COUNTY ADMINISTRATOR'S COMMENTS - DR. ASHA MISHRA COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION Dr. Asha Mishra, Medical Director and Psychiatrist, Department of Mental Health, Mental Retardation and Substance Abuse Services recently received a national award from the National Alliance for the Mentally Ill in recognition of her exemplary psychiatric services to persons with serious mental illness and their families. Dr. Mishra's leadership and example have helped the Chesterfield Community Services Board and Chesterfield County obtain a statewide reputation for quality psychiatric care not customarily available in the public sector, and of which we can all be proud. ATTACHMENTS: YES~ NO [] PREPARED By;. ~~-'~~--...~_. Dr. Burt H. Lowe, Director MH/MR/SA Department SIGNATURE: COUNTY ADMI NISTRATOR O0 0 0 BOARD OF SUPERVISORS HARRY G. DANIEL, CHAIRMAN DALE DISTRICT ARTHUR S. WARREN, VICE CHAIRMAN CLOVER HILL DISTRICT J. L McHALE, III BERMUDA DISTRICT WHALEY M. COLBERT MATOACA DISTRICT EDWARD B. BARBER MIDLOTHIAN DI~,TRICT May 19, 1992 CHESTERFIELD COUNTY P.O. BOX 40 CHESTERFIELD, VIRGINIA 23832 (804) 748-1211 COUNTY ADMINISTRATOR LANE B. RAMSEY Asha Mishra, M.D. Director, Medical Services Mental Health/Mental Retardation/ Substance Abuse County of Chesterfield P.O.Box 92 Chesterfield, Virginia 23832 Dear Dr. Mishra: I would like to take this opportunity to congratulate you on your recent award from the National Alliance for the Mentally Ill in recognition of exemplary psychiatric service to persons with serious mental illness. This national award, which acknowledges not only your professional competence but recognizes your extraordinary dedication in serving this population and their families, is indeed an important honor. In addition, the combination of your medical expertise, sensitive, caring and individualized approach to serving Chesterfield County citizens in need is indicative of high quality psychiatric services not customarily available in the public sector. Once again my congratulations. Your leadership and example have helped the Chesterfield Community Services Board and Chesterfield County obtain a statewide reputation for quality psychiatric care of which we can all be proud. Sincerely, Lane B. Ramsey County Administrator 00 010 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AG E NDA MEETING DATE :, May 27, 1992 ITEM NUMBER' COUNTY ADMINISTRATOR'S COMMENTS 2oC. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION Mr. Hugh Miller, Director of the Department of Historic Resources, will present the Virginia Landmarks Register Plaque for the Chesterfield County Courthouse Complex to the Board. I:~EPARED BY: ATTACHMENTS: YES · NO I'1 SIGNATURE COUNTY ADMINISTRATOR 00 007 Hugh C. Miller, Director 'RECEI~/ED ~7~:1' g' i9~2 COMMONWEALTH of VIRGINIA Department of Historic Resources 221 Governor Street Richmond, Virginia 23219 TDD: (804) 786-1934 Telephone (804) 786-3143 FAX: (804) 225-4261 May 15, 1992 Lane B. Ramsey, County Administrator Chesterfield County P.O. Box 40 Chesterfield, Va. 23832 Dear Ms. Moseley: This will confirm that Hugh Miller, Director of the Department of Historic Resources, will present the Virginia Landmarks Register plaque for the Chesterfield County Courthouse Complex to the Chesterfield County Board of Supervisors on Wednesday, May 27, 1992 at 3 PM. Weappreciate the opportunity to formally recognize this historic Chesterfield landmark. Sincerely, Margaret T. Peters Information Director cc: Ms. Lucille Moseley, Chesterfield County History Commission 00 008 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DAT~./~ay 27, 1992 ITEM NUMBER: SUBJECT: Consideration of proposed policy regulating non-school use of public schools for the 1992/93 school year COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OFINFORMATION; In 1990 the Board of Supervisors approved the following policy regarding non-school use of public schools: ,I o Non-school use of school facilities applies to those individuals and groups who are not employees of the school system who are performing responsibilities as employees of the school system; Non-school use of school facilities shall not include activities that are perceived to be in direct and/or inappropriate competition with free enterprise; No non-school use or category of' non-school uses will be permitted to occur on school property unless it has been recommended by the School Board and approved by the Board of Supervisors; and Non-school use categories will be reviewed by the School Board in April of each year and a review report and recommendations will be submitted for review and approval to the Board of Supervisors by May of each year." (continued) PREPARED BY;~ NO [] ATTACHMENTS: YES ~ Steven L. Micas County Attorney 0800:879.1 SIGNATURE: COUNTY ADM I NI STRATOR O0 01i BOS-9891 AGENDA ITEM May 27, 1992 Page 2 The 1990 policy was adopted in order to encourage effective public use of school facilities and to prevent unreasonable competition with the private sector after the County Charter vested title in all school property with the Board of Supervisors. The existing policy requires that the Board accept, modify or reject the School Board's proposed policy regarding non-school use of schools for the 1992/93 school year. On June 26, 1991, the Board approved a public use policy for each school year. The attached policy was approved by the School Board on April 29, 1992 to be effective for the 1992/93 school year. Significant changes proposed for the 1992/93 policy occur in paragraphs 1, 4, 14, 17, 19 and Appendix 0 as highlighted. Use rates have been increased that would increase the cost to the County by $15,000. (See attached memo from Phil Innis.) Recommendation: Approval of a revised school use policy with the changes indicated by an asterisk. The School Board would then have to approve the revised policy. 0800:879.1 O0 012 M.D. STITH. Jr. Director From: Date: Subject: Chesterfield County Parks & Recreation P.O. Box 40 Chesterfield, Virginia 23832 804-748- Memorandum Robert ~asden, Deputy County Administrator Phil Innis, Chief of Recreation~ May 12, 1992 Revision of School· Board Policy 617 I have reviewed the proposed.changes of School Board Policy 617. There are only a few areas that I feel will impact the programs of the Parks and Recreation Department. The other changes, according to my conversation with Dan Smith, Director of Facilities, are just housekeeping type of changes mainly for clarification or to keep the policy in line with the actual procedures. The areas of concern are listed below: #1.-D No series of meetings, engagements, etc. will be allowed in the same building without special authorization by the superintendent or designee. Mr. Smith assured me this provision did not apply to parks and recreation activities, but was.meant for outside groups. An exemption for parks and recreation activities would clarify the situation. #4 - Other not-for-profit organizations which charge a fee or admission are charged at Rental Rate II and for custodial services during those periods when the admission is charged. While this is not a change in the current policy, it does impose a hardship on organizations such as a karate club, who may wish to conduct a tournament and charge a spectator fee to offset the cost of the event. A change would be to allow groups to charge an admission fee and be charged at the lower rental rate if appropriate (if they are not-for-profit organizations). O0 018 Page 2 Robert Masden May 12, 1992 14-E In accepting an approved building use permit, the permit holder agrees~o hold the division harmless from any damage or claims arising from the action of the permit holder, his/her employees or patrons while the facility is in use. Mr. Smith indicated that this would not be applicable to the Parks and Recreation Department since it is part of the County. The increase in the rental fee, from 0% for certain facilities to 36% for others, will definitely impact the Parks and Recreation Department's budget. Currently, we are underfunded for these costs by approximately $50,000. In looking at some rough calculations, the increase will probably add $12,000-$15,000 to this expense. Also, several of the cosponsored groups such as John Rolfe Players will be impacted by the increase. Should you have any questions or need any additional information, please contact me. cc Millard "Pete" Stith, Director Steve Micas, County Attorney Jay Stegmaier, Director, Budget and Management A:REVISION/PI#9/KSR O0 014 Use/Rental COIVIMUNITY RELATIONS of School Facilities 617 Page 1 (see Appendix O) The following rules and regulations shall apply to all applicants desiring to use any building which is operated by the School Board. The principal, who first reviews the form, is responsible for seeing that the rules and regulations are followed, and that maximum security and safety are maintained during the rental period. Copies of the rules and regulations and application forms for use of school facilities are available at the individual schools and from the Department of Facilities. 1. a...~.~..;-, t.~h..:~ General Information The principal of the individual school has administrative authority to recommend and schedule school use of school facilities. Policy, rules, regulations and administrative procedures apply to all non-school use categories. Non-school use of school facilities applies to those individuals and groups who are not employees of the school system who are performing responsibilities as employees of the school system. Non-school use of school facilities shall not include activities that are perceived to be in direct and/or inappropriate competition with free enterprise. Authorization can only be given for use by a not-for-profit group or organization. Non-school use of facilities must be in compliance with the following stipulations: 00 015 *D. COMMUNITY RELAT[ONS 617 Page 2 No non-school use or category of non-school uses will be permitted to occur on school property unless it has been recommended by the School Board and approved by the Board of Supervisors. All scheduling of the non-school use of school facilities will be handled by the administrative system of the school system and school uses clearly take precedence. Non-school use categories will be reviewed by the School Board in April of each year and a review report and recommendations will be submitted for review and approval to the Board of Supervisors by May 1 of each year. The current categories of approved use are listed in Appendix O. Other than County-sponsored activities, nNo series of meetings, engagements, etc., will be allowed in the same buiMing without special authorization by the superintendent or designee. Acceptance or Rejection The school reserves the right to accept or reject, at any time, any application for use of facilities. Advance payment of fees will be refunded if rejection of application is necessary. Activities Only those activities open to the public will be allowed in school facilities or on school campuses. O0 016 o COMMUNITY RELATIONS 617 Page 3 Admission Charges/Fund Raising Activities Not-for-profit organizations, which charge admission or fees to support school sponsored activities, are charged at Rental Rate I and for Custodial Services for those activities conducted as outlined in paragraph 20. Other not-for-profit organizations, which charge a fee or admission, are charged at Rental Rate II and for Custodial Services during those periods when the admission is charged. Only the organization authorized to use the facility may charge any fees or admissions arising out of the use of such facility. Illegal Substance/Weapons Alcoholic beverages or drags are not to be brought, consumed or used on school property. Possession or use of illegal weapons is prohibited. Violators will be reported to the proper authorities. (See Policy 401, Rights and Responsibilities; Appendix A, Standards for Student Conduct; Policy 416, Drag Free Schools; Policy 538, Drag and Alcohol-Free Workplace; and Appendix Q, Regulations for Drug and Alcohol-Free Workplace.) Applicant The applicant shall be an officer of the organization which is making application for use, or he/she shall be a responsible citizen of the County and a member f the rganiz ti aking applicafi A...,~.:-~+: ....... ~.. ~.~ ,.: .... ~, ...... o o a on m on. Crowd Limitations The crowds may include only as many persons, seat for seat, as the facility is designed to accommodate as posted. O0 017 Custodial Services COMMUNITY RELATIONS 617 Page 4 10. 11. When a facility rental rate is charged, custodial charges will include thirty minutes before and after the scheduled activity. Custodial services are limited to: A. Opening and closing buildings, doors, and windows: B. Turning on and off lights, heating/air conditioning system; and C. Normal cleaning after usage. They do not include: A. Transporting equipment and/or supplies; B. Arrangement of any special furniture or equipment; or C. Supervision of activities or crowds. Food and Refreshments Food and refreshments may be sold, served, and consumed only in the dining area of a building, the concession stand area, or rented grounds area of the school campus. Refreshments must be confined to the above specified areas. Games of Chance Schools may be used for certain limited types of games of chance by related school groups provided that permission is obtained from the Superintendent or designee and a permit is obtained from the Board of Supervisors. Grounds Organizati .... ~- ~ ~,~, .... -~ *, ...... :~- ons, ............... ,-,~,~u,~,,, authorized to use any area of the campus will be required to keep +u .......... ~ .... ,.~,_ .... e ............ e ....j, the area cleared of trash, litter and debris, and the ball diamonds and fields maintained to well- established elevations at all times during the period of time authorization is in effect. O0 018 12. Gymnasium 13. COMMUNITY RELATIONS 617 Page 5 Gymnasium shoes are to be worn by persons using the floor of this facility. Street shoes are only allowed on the floor during dance sessions at which time a protective material will be applied for protection of floors. Kitchen 14. 15. Whenever a kitchen is rented, a member of the school food services staff must be present during the authorized time of rental. Food Service Department must be contacted directly. A fee will be charged for this service. Liability The group to whom the facility is rented shall be held responsible for: *A. Liability insurance may be required prior to use of facility. Non-school users will ensure that they have adequate third-party liability coverage or, in the case of Chesterfield County, self-insurance; B. Proper conduct of persons in attendance; C. Care of property; Buildings/grounds after use shall be left free of trash, debris, etc., and in similar conditions to those which existed prior to authorized use. Specifically, all smoking debris which may be thrown down at entrances to schools must be removed. Failure to comply with this provision may be cause for revocation of approval for future dates or denial of requests for future use; and *E. In accepting an approved building use permit, :hc any permit holder other than Chesterfield County agrees to hold the division harmless from any damage or claims arising from the action of the permit holder, his/her employees, or patrons while the facility is in use. Lighted Athletic Fields A fee to defray the cost of lighting will be charged. Regular procedure must be followed in making application for use authorization of fields. 00 019 16. COM/V~UNZTY RELATIONS 617 Page 6 Priorities in Authorization A. School Groups B. School-related Groups C. County Governmental Agencies D. Civic Groups E. Religious Organizations F. Political Groups G. Other Not-for-Profit Groups 17. Rental Payment Rental payment for the full amount should be made payable to the Chesterfield County School Board covering rental fee and reimbursement of costs for all services to be rendered by employees of the School Board and is due within 10 days of receipt of billing. Those organizations using facilities on a regular basis will be rendered monthly bills. If the fee is not remitted as required, no future use will be granted without prepaid remittance. Interdepartmental transfers will be processed for those governmental agencies which use the facilities outside the free usage window established by the School Board. 18. Rental Rate Exclusions There will be no rental fees or reimbursement of costs for services rendered by employees of the school system when facilities are used no more than once each calendar month for a regular or special meeting of an intra-school group or parent-teacher association. There will be no rental rate charged for additional monthly meetings or special annual events/activities of the above organizations, but the reimbursement of costs for services rendered by employees of the school 0() O20 19. COMMUNITY RELATIONS 617 Page 7 division will apply. Rental fees will not apply to the use of school facilities by not-for-profit groups or organizations prior to 10:00 p.m. on those days in which school is in session. Rental Rates Rental rates will be established annually by the School Board. Rental rates are intended to reimburse the School Board for incremental expenses which would not be incurred if the school were not in use. Rental fees will not apply to the use of school facilities by not¥or-profit groups or organizations prior to 10:00 p.m. on those days in which school is in session. Rental rates may be modified or waived by the School Board. Current rental rates are listed on Attachment A, provided that the County shall pay the FY 1992 rates. 20. Reservation for Use Reservation for use of facilities can only be made after the application has been recommended by the principal and approved by the Department of Facilities. 21. School Representative 22. The School Board requires that an employee of the school division be present at all times when a building is being used by authorized personnel. If that representative is a custodian, duties are as outlined in item number 9 above. Smoking Smoking is prohibited in schools as required by Section 15.1-291.1, Code of Virginia. O0 021 23. Staging or Decorations COMMUNITY RELATIONS 617 Page 8 Staging or decorations must be done so as not to deface or damage any property, and must be subject to the approval of the respective principal in charge and the Superintendent's designee in central administration. It is required that no elaborate decoration or re-decoration be planned prior to approval. All decorations, etc., must meet all building and fire prevention codes of the county. The county fire marshall must be contacted for recommendation, inspection and approval. 24. Submission of Application Application must be submitted at least two (2) weeks prior to date(s) on which use is required. 25. Time Limitations 26. Time limitation is midnight of date(s) authorized for use to be made. Use of Special Lighting and Public Address System These must be operated by trained school personnel. Organizations authorized to use those facilities will be charged for usage. Payment will be made directly to the school. The custodial staff does not perform this service. Activities 27. 28. Only school or Parks and Recreation sponsored groups may use school facilities for a dance. The following procedures shall be followed when any religious organization is applying for rental of a school building for religious services on a continuing basis: Ao A new application must be submitted annually. A review of the rental agreement will be conducted by school and ~:v t,:~ ....... hs annually at the time religious organization personnel e,,~.a ~,,~ ~,,~ of reapplication to address areas of concern and to receive a status report on construction plans/progress. Failure to adhere to the rules and regulations of this policy will result in termination of the rental agreement. 00 022 Co COMMUNITY RELATIONS 617 Page 9 The usual collection may be taken by religious organizations, but no admission charge or sale of literature will be permitted. Approved: December, 1988 Amended: September, 1989 Amended: January, 1990 Amended: January, 1991 Amended: April, 1992 0800:1037.1 O0 023 CHESTERFIELD couNTY BOARD OF SUPERVISORS AGENDA MEETING DATE SD,,BJECT: May 27, 1992 ITEM NUMBER: 5one Work Session on Cash Proffers to Determine the Payment Per Lot for Fiscal Year 1993. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION When the Board implemented the cash proffer policy, staff was instructed to ~evie~annually the calculations used to determine the cost of selected public facilities related to growth. The revised and updated calculations are to be considered in establishing policy regarding per lot paYments for the coming year. Amounts under the current policy are: a. $3,000 per lot if paid on or prior to June 30, 1992; or The amount approved by the Board of Supervisors not to exceed $4,000 per lot if paid between July 1, 1992 and June 30, 1993, inclusive; or The amount approved by the Board of Supervisors not to exceed $4,000 per lot adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 1992 and July 1 of the fiscal year in which the payment is made if paid after June 30, 1993. ATTACHMENTS: YES =11 NO [] "..,'JameS,, L. Stegmaier t/ Director, Budget and Management B016. doc/Bos#5 SIGNATURE: COUNTY ADM I N! STRATOR 0() BOS-9891 The Board of Supervisors Agenda Item May 27, 1992 Page 2 Staff will review the facility cost calculations at the work session. Details of the facility calculations are attached. BOARD ACTION REQUESTED Continue implementation of the cash proffer policy and increase the per lot amount up to $4,000 for all facilities as indicated in the current policy. O0 02. FY93 SUMMARY OF NET COST CALCULATIONS Schools Parks Libraries Fire Stations Roads-North of 360 Roads-South of 360 Net Cost Net Cost $2,202 $2,202 402 402 143 143 195 195 2,510 - - 2,516 $5,452 $5,458 BO47.wp 1/qVIemo 13 OD 03 COST CALCULATIONS FOR SCHOOLS, PARKS, LIBRARIES, FIRE STATIONS O0 O4 SINGLE FAMILY MULTI-FAMILY TOTAL UNITS 69084 9480 78564 1991 DEMOGRAPHIC DATA 0.88 0.12 1.00 SINGLE FAMILY (1) MULTI-FAMILY (2) WEIGHTED AVERAGE $130,750 $35,449 $119,250 SINGLE FAMILY 2.879 MULTI-FAMILY 2.48 WEIGHTED AVERAGE 2.83 (1) REPRESENTS AVERAGE ASSESSED VALUE FOR SINGLE FAMILY UNITS CONSTRUCTED IN 1991. (2) VALOE DETERMINED BY AVERAGE ASSESSED VALUE OF SELECTED RECENLTY CONSTRUCTED MULTI-FAMILY DEVELOPMENTS. (3) INFORMATION PROVIDED BY THE PLANNING DEPARTMENT AS OF 1/1/92. 00 05 Cash Proffer Number of Students Number of Housing Units times Acreage Per Student times Laird Cost Per Acre School-Age C~ildren Per Housing Unit time~ plus SquaJ'e Footage Per Student times Per Squaze Foot Percentage of Children in Public School Ore~t~General '~ ~' Maximum I Maximum Gross Cost 00 06 COSTS: STUDENTS PER HOUSEHOLD ELEMENTARY 0.29 MIDDLE 0.13 HIGH 0.15 STANDARDS ACRES/STUDENT 0.027 0,028 0.053 $COST/ACRE $15,268 $15,268 $15,268 SQ.FT./STUDENT 99 117 136 $ BUILDING COST/SQ.FT.* $82 $87 $90 ALL GRADES 0.57 $ GROSS COST $2,479 $1,377 $1,956 $5,812 CREDITS: SWGTED AVERAGE ASSESSED VALUE $119,250 SAVERAGE ASSESSED SINGLE FAMILY $130,750 &AVERAGE ASSESSED MULTI-FAMILY $35,449 REAL ESTATE TAX RATE 1.09 PERCENTAGE TO CREDIT 19.81 o/o REAL GROWTH RATE 7.000/o DISCOUNT RATE 7.00% YEAR 1 2 3 4 5 6 7 8 9 10 11 12 13 t4 15 TOTAL NPV AMOUNT $258 276 295 315 338 361 386 414 442 473 507 542 580 621 664 $6,472 $3,610 *INCLUDE.S ALL CONSTRUCTION COSTS NCLUDING FEES, FURNISHINGS, AND CONSTRUCTION MANAGEMENT. CONSTRUCTION COST DATA OBTAINED FROM COMPLETED PROJECTS AND RECENT BIDS. MAY 4, 1992 FILE:SCHCRED.WK1 0 0 0 7 SCHOOL FACILITIES BUILDING AREA AND SITE SIZF YEAR BUILDING 1924 1931 1937 1954 1959 1959 1959 1961 1962 1962 1962 1964 1964 1966 1967 1967 1968 1970 1970 1975 1975 1975 1978 1985 1985 1988 1986 1987 1987 1987 1990 1990 1989 1990 SQUARE FOOTAGE ACREAGE BEULAH 63,800 16.604 GRANGE HALL 66,902 18.580 MATOACA 51,930 7.554 BENSLEY 45,000 12.000 CURTIS 75,661 15.206 HARROWGATE 70,837 41.000 J.G. HENING 69,733 20.274 ENON 62,871 12.500 BON AIR 59,405 19,830 CHALKLEY 74,134 20.000 CRESTWOOD 66,547 17.900 A.M. DAVIS 70,381 14.399 FALLING CREEK 72,970 20.000 BELLWOOD 57,856 18.585 ETTRICK 75,759 5.002 J.B. WATKINS 74,553 21.720 REAMS ROAD 65,565 15.970 ROBIOUS 64,362 13.000 SALEM 65,095 30.130 GREEN FI ELD 63,917 16.460 HOPKINS 64,172 12.465 C.C. WELLS 69,037 12.700 W.W. GORDON 67,740 17.448 GATES 96,943 19.616 SWIFT CREEK 69,380 13.534 CLOVER HILL 70,408 14.842 PROVIDENCE 70,408 15.000 CRENSHAW 70,408 19.673 EVERGREEN 97,000 20.974 JACOBS ROAD 70,408 20.070 WOOLRIDGE 73,969 24.400 ECOFF 73,969 26.800 ALBERTA SMITH N/A 24.110 B ETTIE WEAVER N/'A 20.000 TRAILER SPACE 72 936 N/__~A 2,283,856 TOTAL ELEMENTARY SC HOOLS:. 32 618.146 *ACREAGE ADJUSTMENT MADE FOR ATHLETIC COMPLEX AREAS ALREADY INCLUDED UNDER COMMUNITy SERVING PARKS O0 YEAR BUILDING SQUARE FOOTAGE ACREAGE 1911 MIDLOTHIAN 1948 CARVER 1949 CHESTER 1963 MATOACA 1966 FALLING CREEK 1968 PROVIDENCE 1971 ROBIOUS 1971 SALEM 1979 SWIFT C REEK 1991 BAILEY BRIDGE TRAILER SPACE TOTAL MIDDLE SCHOOLS: 10 136,798 87,985 101,784 101,270 111,548 123,491 136,085 135,123 132,093 137,000 22~163 1,225,340 22.772 16.049 27,743 30.000 34.620 16.536 27.000 34.180 38.815 50.000 N/.__~A 297.715 YEAR BUILDING 1963 1963 1964 1964 1972 t975 1978 1978 1984 1990 MATOACA MEADOWBROOK MANCHESTER THOMAS DALE CLOVER HILL CHESTER TECH. LC. BIRD MONACAN MIDLOTHIAN JAMES RIVER MANCHESTER HIGH TRAILER SPACE TOTAL HIGH SCHOOLS: 9 SQUARE FOOTAGE 116 204 186 704 166 193 153 463 197 093 106 199 231 000 211 428 232556 NIA N/A ~074 1,648,914 ACREAGE 80.742 50.989 63.370 40.000 49.430 21.460 74.491 62.717 68.390 70.000 65.370 N/._.~A *ACREAGE ADJUSTMENT MADE FOR ATHLETIC COMPLEX AREAS ALREADY INCLUDED UNDER COMMUNITY SERVING PARKS MAY 5, 1992 FILE:SCHFAC.WK1 Z Z --t Z I'-- I; 0 0 1 O ICommunity Parks Cash Proffer Methodology I General Credits 1 I iNumberHousing Units of Household Acres of Pazk L,znd per 1,0C0 People divided by 1,0t30 times I_znd Cost per Acre plus Improvements Cost per Acre Gross Cost O0 11 COSTS: PERSONS PER HOUSEHOLD STANDARDS ACRES/CAPITA $COST/ACRE $1MPROVEMENTS/ACRE $ GROSS COST 2,83 0.0057 $11,570 $27,437 $631 CREDITS: WEIGHTED AVERAGE ASSESSED VALUE SAVERAGE ASSESSED SINGLE FAMILY SAVERAGE ASSESSED MULTI-FAMILY REAL ESTATE TAX RATE PERCENTAGE TO CREDIT REAL GROWTH RATE DISCOUNT RATE $119,250 $130,750 $35,449 1.09 1.26% 7.00% 7.OO% YEAR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 TOTAL NPV AMOUNT 16 17 19 20 21 23 24 26 28 30 32 34 37 39 42 410 $229 MAY 4, 199~ FILE: PARKCRED.WK1 0 0 ACRES OF PARK LAND SITE APPOMATOX RIVER CANOE LAUNCH BENSLEY PARK BIRD COMPLEX COALFIELD SOCCER COMPLEX COURTHOUSE COMPLEX DAVIS COMPLEX DUTCH GAP BOAT LANDING EPPINGTON PLANTATION ETTRICK PARK ETTRICK RIVERSIDE FERNBROOK PARK FORT STEVENS GOYNE PARK GREENFIELD ATHLETIC HARROWGATE PARK HENRICUS HISTORICAL PARK HUGUENOT PARK IRONBRIDGE PARK MATOACA PARK MIDLOTHIAN MIDDLE SCHOOL COMPLEX MONACAN HIGH COMPLEX POINT OF ROCKS PROVIDENCE COMPLEX ROBIOUS COMPLEX ROCKWOOD PARK WOODLAKE COMPLEX ROBIOUS LANDING ACREAGE 5 13 30 34 4 10 4 44 24 1 4 2 33 6 29 32 56 367 43 12 10 188 30 20 163 19 60 TYPE SPECIAL PURPOSE COMMUNITY COMMUNITY COMMUNITY COMMUNITY COMMUNITY SPECIAL PURPOSE SPECIAL PURPOSE COMMUNITY SPECIAL PURPOSE SPECIAL PURPOSE SPECIAL PURPOSE COMMUNITY COMMUNITY COMMUNITY SPECIAL PURPOSE REGIONAL REGIONAL COMMUNITY COMMUNITY COMMUNITY REGIONAL COMMUNITY COMMUNITY REGIONAL COMMUNITY N/A 1,243 NUMBER OF SITES POPULATION (JANUARY 1992) ACRES PER 1,000 PEOPLE 26 217,400 5.72 REGIONAL PARKS ARE THOSE WHICH DRAW RESIDENTS FROM ALL AREAS OF THE COUNTY AS WELL AS DRAW RESIDENTS FROM OTHER JURISDICTIONS. REGIONAL PARKS CONTAIN BOTH PASSIVE AND ACTIVE RECREATION AREAS AND ARE TYPICALLY BETWEEN 100-500 ACRES. COMMUNITY SERVING PARKS ARE THOSE WHICH GENERALLY SERVE A MORE LIMITED NUMBER OF COUNTY RESIDENTS; TYPICALLY SUFFICIENT TO SERVE SEVERAL ELEMENTARY SCHOOLS OR ATHLETIC ASSOCIATIONS AND ARE BETWEEN 20-50 ACRES. SPECIAL PURPOSE PARKS OFFER SOME UNIQUE CULTURAL, ENVIRONMENTAL, OR HISTORICAL FEATURE. SPECIAL PURPOSE PARKS DRAW RESIDENTS FROM INSIDE AS WELL AS OUTSIDE OF THE COUNTY AND TYPCIALLY ARE PASSIVE RECREATION PARKS. O0 14 Z 0 0 m 0O 15 COST OF PARK IMPROVEMENTS TYPE OF FACILITY PRICE UNIT BASKETBALL $25,000 CONCESSION BUILDINGS $80.000 RESTROOMS $80,000 MAINTENANCE BUILDINGS $150,000 STORAGE BUILDING $8.000 PICNIC SHELTERS $18,000 PLAY EQUIPMENT $15,000 CANOE LAUNCH $30,000 ARCHERY RANGE $15,000 BOAT RAMP $40,000 FITNESS TRAILS $20,000 INTERPRETIVE CENTER (POR) $120,000 NATURE CENTER (ROCK3/VOOD) $120,000 COMMUNITY BUILDING (BENSLEY) $80,000 TENNIS COURTS $27,000 HANDBALL COURTS $25,000 UNLIGHTED BASEBALL/SOFTBALL FIELDS* $75.000 LIGHTED BASEBALL/SOFTBALL FIELDS* $150,000 UNLIGHTED FOOTBALL/SOCCER FIELDS* $75.000 LIGHTED FOOTBALL/SOCCER FIELDS* $150.000 COURT BUILDING SETS OF 2 BUILDING BUILDING SHELTER PLAYGROUND LAUNCH RANGE RAMP TRAIL CENTER CENTER BUILDING COURT COURT FIELD FIELD . FIELD FIELD INVENTORY 28 13 19 5 10 23 14 1 1 3 4 1 1 1 77 2 79 66 97 13 REPLACEMENTCOST $700,000 $1.040,000 $1.520,000 $750,000 $80.000 $414,000 $210,000 $30,000 $15.000 $120,000 $80.000 $120,000 $120,000 $80.000 $2.O79.000 $50,000 $5,925,000 $9.9O0,000 $7.275,0O0 $1~950~000 TOTAL $32,458,000 NUMBER OF PARKS AVERAGE COST PER PARK TOTAL ACREAGE AVERAGE COST TO IMPROVE PER ACRE 26 $1,248.385 1,183 ** $27,437 *EXCLUDES MOTOACA HIGH SCHOOL BASEBALL FIELD, AND ALL VARSITY FOOTBALL AND BASEBALL FIELDS, EXCEPT FOR MEADOWBROOK AND BIRD HIGH SCHOOL VARSITY FIELDS. **EXCLUDES ROBI~)US LANDING-NOT YET IMPROVED MAY 4, 1992 FILE: PARKFAC.WK1 O0 16 Maximum Gross Cost Libraries Cash Proffer Methodology I [ General 1.[~ Maximum '~ ................ Credits Number of Housing Units Persons Per Square Feet of Library per Person times CzpifaJ Cost per Squ~re Feet plus Volumes per Person times Average C~st per Volume Acres of Library Land per 1,CCO People divided by times L~nd Cost per Acre Maximum I~eneral Credit.s] .................. O0 17 COSTS: PERSONS PER HOUSEHOLD 2.83 STANDARDS SQ.FT./CAPITA 0.28 BUILDING COST/SQ.FT* $118 ACRES/CAPITA 0.000124 $COST/ACRE $60,732 VOLUMES/CAPITA 2.21 $COST/VOLUME $10.27 $ GROSS COST $180 CREDITS: $ WGTHED AVERAGE ASSESSED VALUE $119,250 SAVERAG E ASSESSED SING LE FAMILY $130,750 SAVERAGE ASSESSED MULTI-FAMILY $35,449 REAL ESTATE TAX RATE 1.09 PERCENTAGE TO CREDIT 0.20% REAL GROWTH RATE 7.00% DISCOUNT RATE 7.00% YEAR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 TOTAL NPV 'BUILDING COSTS DERIVED FROM ENON AND CENTRAL LIBRARY CONSTRUCTION DATA. CONSTRUCTION COSTS INCLUDE ALL FEES, FURNISHINGS AND CONSTRUCTION MGT. AMOUNT $67 $37 MAY 4, 1992 FILE: LIBCRED.WK1 O0 18 LIBRARY FACILITIES LIBRARY CENTRAL BON AIR MIDLOTHIAN LA PRADE CHESTER ETTRICK ENON WEST BRANCH SQUARE FOOTAGE 22,810 8,000 8,500 8,000 4,500 8,000 N/A N/A ACREAGE 7.30 3.51 2.25 1.75 1.58 3.93 2.00 4.72 TOTAL 59,810 27.04 POPULATION (JANUARY 1992) SQUARE FEET PER CAPITA CAPITAL COST PER SQUARE FOOT ACRES OF LIBRARY LAND PER 1,000 PEOPLE ACRES PER CAPITA LAND COST PER ACRE VOLUMES AT 3/31/92 VOLUMES PER PERSON AVERAGE, COST PER VOLUME 217,400 0.28 $118 0.12 O.00O124 $60,732 480,902 2.21 $10.27 APRIL 27, 1992 FILE: LIBFAC.WK1 O0 m m [] 0 0 0 0 00~ O0 ;20 Number of Residents Number of Households times per Household ross CoStj Functional Population (Demand Units) P t Capful ~ per Number of Employees Squ~e Feet of Non-Residential' Building divided by 1,OOO time~ Employees per 1,OCO Squaze Feet  Fire Stations Cash Proffer Acres of FTre Station La~d :er Cema. nd Unit times L~d Cost per Acre Equipment Cost 3er Demand Unit f I General Credits Maximum Cash Proffer equals Maximum Gross Cost minus General Credits 00 21 PERSONS PER HOUSEHOLD COSTS: STANDARDS SQ. FT./DEMAND UNIT CAPITAL COST PER SQ. FT. ACRES/DEMAND UNIT COST PER ACRE SEQUIPM ENT/DEMAND UNIT $ GROSS COST 2.83 0.45 $127 0.00012 $36,573 $32 $325 CREDITS: SWGTED AVERAGE ASSESSED VALUE SAVERAGE ASSESSED SINGLE FAMILY SAVERAGE ASSESSED MULTI-FAMILY REAL ESTATE TAX PERCENTAGE TO CREDIT REAL GROWTH RATE DISCOUNT RATE $119,250 $130,750 $35,449 1,09 0.71% 7.00°/o 7~00o/o YEAR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 TOTAL NPV AMOUNT $9 10 11 11 12 13 14 15 16 17 18 20 21 22 24 $233 $130 MAY 4, 1992 FILE:FIRECRED.WK1 O0 22 FIRE STATIONS COMPANY TOTAL SQUARE FOOTAGE ACREAGE 1 6,106 0.2 2 7,465 2.9 3 8,333 1.4 4 10,085 4.6 5 6,760 0.3 6 5,544 0.9 7 7,96O 2.27 8 5,213 0.34 9 8,978 2.9 10 6,279 0.7 11 10,166 1.4 12 9,492 1.5 13 3,796 1.9 14 10,300 2.04 15 15,000 3.2 * N/A 5._.Z7 TOTAL 121,477 32.25 AVERAGE 8,098 2.15 *REAMS ROAD LAND OF 5,7 ACRES NOT BUILT UPON APRIL 27;' 1992 FILE: FIRESQFT O0 23 m~ .m r' ~J >. ~o m x > ..n "IJ ~q ..q '11 "r ..q 0 0 .-~ 0 0 0 O0 24 POPULATION: 217,400 NUMBER OF JOBS IN THE COUNTY: 78,877 (1) NUMBER OF EMPLOYED PERSONS LIVING IN THE COUNTY: 105,756 (2) PERCENTAGE OF EMPLOYED PERSONS LIVING IN THE COUNTY WHO ALSO WORK IN THE COUNTY: 27% (3) NUMBER OF PERSONS WHO BOTH LIVE AND WORK IN THE COUNTY: (105,756 * 27%) 28,554 FUNCTIONAL DEMAND UNITS: (217,400 + 78,877 - 28,554) 267,723 (1) AVERAGE FOR SECOND QUARTER ENDING JUNE 1991 PROVIDED BY PLANNING DEPARTMENT (VIRGINIA EMPLOYMENT COMMISSION) (2) AS OF DECEMBER 30, 1991 PER VIRGINIA EMPLOYMENT COMMISSION (3) INFORMATION ON COMMUTING PA'I-T'ERNS FROM THE 1980 CENSUS INDICATED THAT 270/0 OF PERSONS LIVING IN THE COUNTY ALSO WORKED IN THE COUNTY. SIMILAR INFORMATION FROM 1990 CENSUS IS NOT AVAILABLE UNTIL LATE SUMMER 1992. APRIL 17, 1991 FILE:FIREDEMU.WK1 O0 2,5 mZZZZ ~oo~ ~o~ ogg Z Ill O0 26 ~ZZZZ ~oo ooo~ooo~ooooo Z O0 27 TRANSPORTATION CALCULATIONS O0 28 GENERAL OVERVIEW Land Uses - Rezonings since original cash proffer analysis have not differed significantly from the original land use assumptions, therefore, no adjustments were made to land uses. Road Improvements - Required road improvements remained the same since land uses remained the same. Road Costs - Costs were adjusted to reflect recent project construction and updated data. Credits - Anticipated allocations current projections. anticipated revenue. from VDOT were revised based on This resulted in a reduction in Net Single Family Proffer - The updated data resulted in a slight increase in the net proffer. CP2//05/07/92 O0 29 ~ON-FREEWAYS ITYPE PREVIOUS COST/MILE UPDATED COST/MILEI Reconstruct 2 lanes 2 to 4 lanes 2 to 6 lanes 2 to 8 lanes 4 to 6 lanes 4 to 8 lanes 6 to 8 lanes New 2 lanes New 4 lanes New 6 lanes New 8 lanes $ 2,300,000 $ 3,500,000 $ 7,200,000 $12,000,000 $ 9,300,000 $12,400,000 $12,500,000 $ 2,500,000 $ 4,000,000 $ 5,000,000 $ 6,500,000 $ 2,170,000 $ 4,070,000 $ 7,470,000 $12,050,000 $ 7,580,000 $12,160¢000 $ 9,580,000 $ 3,000,000 $ 4,000,000 $ 5,000,000 $ 6,500,000 ITYPE FREEWAYS' PREVIOUS COST/MILE UPDATED COST/MILE1 4 TO 6 lanes 4 to 8 lanes 6 to 8 lanes New 4 lanes New 6 lanes New ~8 lanes $ 4,000,000 $ 7,000,000' $ 5,000,000 $ 8,400,000 $ ,9,200,000 $10,500,000 $ 4,390,000 $ 6,660,000 $ 4,390,000 $ 7,890,000 $10,160,000 $12,430,000 CP2A//05/07/92 O0 30 -nO O0 p~o U'~ CHESTERFI ELD cOUNTY BOARD OF SUPERVISORS AG E NDA MEETING DATE:_ May 27, 1992 ITEM NUMBER: SUB4ECT,: WORK SESSION Land Use Assessment Program Options COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Board had requested a work session on options available in changing the Land Use Assessment Program. Mr. Bradford S. Hammer, Deputy County Administrator for Management Services, will give a presentation. PREPARED BY', ,~---~ ~ -- ATTACHMENTS: YES ~ ' NO [] SIGNATURE: COUNTY ADMINISTRATOR 0 0 3 BOS-9891 LAND USE ASSESSMENTS PROGRAM WORK SESSION Purpose: The Board of Supervisors asked staff to develop options to consider to change the Land Use Assessments program to save tax dollars and/or improve the program... Outline of presentation: - Overview - Option One - Option Two Option Three BOS Discussion/Decision on 6/10 Hearing... LAND USE ASSESSMENTS- OVERVIEW State legislation passed in 1971 Created State Land Evaluation Advisory Council - Determine and publish values for agricultural, forestry, horticultural, and open space land to help local assessors determine values... Purpose of the program: - Encourage preservation - Conserve natural resources - Preserve scenic beauty/open space - Promote proper land use planning and orderly development - Promote a balanced economy to preserve agricultural, horticultural, forest, or open space. O0 3 5 Major Changes in the Land Use Assessment Program: By the State: When zoning changes, property becomes non-qualifying and subject to roll-back taxes... Requiring forestry management plans for each forestry use... Requiring conservation farm management plans for agricultural uses... Requiring a signed agreement for open space... By the County: Requires revalidation filing no later than November I each year... Mandatory late filing fee for late applications between November I and December 5 of each year... Present RequirementS: Agricultural: Minimum 5 acres in production and. Agricultural Management Plan... . ForestrY: Minimum 20 acres forest and Forestry Management Plan... · Open Space: Minimum 5 acres and agreement with BOS. Roll Back Taxes: All categories are subject to a "roll back" provision that applies when a property changes in use or is rezoned. The procedures require the recapture of the last five years of deferred taxes. Taxes before this period are forgiven. O0 37 County's program started on June 26, 1974 Current fiscal impact:' $1,364,879 A 10 year track record of the Chesterfield program is as follows: YEAR ACRES PARCELS DEF.TAX ROLL BACK WRITE- OFF 1983 1984 1985 1'986 1987 1988 1989 1990 1991 1992 Basics of 112,175 962 914,452 26,465 111,726 984 977,305 33,302 110,050 975 1,008,52725,818 107,862 968 1,105,38820,275 107,114 983 1,406,16832,294 102,827 802 1,409,70961,260 101,242 769 1,630,251112,837 90,395 712 1,719,54032,837 93,510 713 1,407,60835,557 86,541 740 1,364,879~I/A the program: - tax qualified land according to "use value" - separate application for each parcel - roll-back tax applies when use changes enforcement 887,987 944,003 982,709 1,085,113 oo +4+ 4- --t ITl H )> -.< I- H F Z q] ]] F E] C Z. --t LAND USE ASSESSMENTS - OPTION ONE Description: This option deletes the use of the forestry classification. The 'only permitted use would be agricultural. Parcels up to 20 acres of forest would continue to qualify, however, so long as it is contained contiguous to an agricultural parcel Geographic Area: Countywide Participating Tracts (estimated): 228 Deferred Tax (annual): $189,700 Savings from current program: $1,1 75,179 Impact on land use: 'not tied to the comprehensive plan; owners of large tracts may seek development prematurely. O0 40 OPTION ONE EXAMPLE Map ID: 113-2(1)3 50.0 Acres - Forest & Agricultural at 10900 Nash Road. Ail zoned Agricultural. Owner lives on property. Current Land Use Assessment Method Option One Method 5.40 Acres - Agrl. Class 44.10 Acres - Forest Class .50 Acres - Ineligible 50.00 Acres Total 5.4 Acres - Agrt. Class 20.0 Acres - Forest Class 24.6 Acres - Ineligible 50.0 Acres Total Assessed Values - Current Method Land Use Value Fair Market Value Land - $ 28,104 Imp. - 26,200 Total - $ 54,304 Tax - $ 591.91 $ I10,000 26,20Q. $ 136,200 $1,484.58 Deferred Tax: $892.67 Assessed Values - Option One Method Land Use Value Fair Market Value Land $ 71,763 $ 110,000 Imp. 26,20Q 26,200 Total - $ 97,963 $ 136,200 Tax - $1,067.80 $1,484.58 Deferred Tax: $416.78 Option One would require this property owner to pay $475.89 more taxes annually. History of the Deferred/Write-Off Deferred 1992 1991 1990 1989 1988 · 1987 1986 1985 1984 1983 892.67 884.11 938.47 777.14 750~27 771.08 774.80 726.31 678.16 700.70 $7,293.71 Write-Off N/A N/A N/A N/A N/A N/A $ 774.80 $ 726.31 $ 678.16 $ 700.70 $1,879.97 REA51992 O0 4i LAND USE ASSESSMENTS- OPTION TWO Description: This option delineates property that would qualify for land use taxation as those properties that are on the comprehensive plan as agricultural, forestal, or open space. In theory, tax policies influenc~ the development d uses of property. Therefore, linking tax policies and' comprehensive plans should be considered. Geographic Area: Portions of Motoaca (see attached map). Participating Tracts: 295 Deferred Tax (annual): $473,000 Savings from current program: $891,879 Impact on land use: Encourages comprehensive plan objectives; encourages development consistent with the plan. Phase-In Option: Categorize by qualified and non-qualified and allow the non- qualified to be "prorated out "over a period of time. O0 42 OPTION TWO EXAMPLE Map ID: 109-10(1)3 154.61 Acres predominately Forest at 11300 Riverway Road. zoned Agricultural. Owner lives on property. Current Land Use Assessment Method 148.76 Acres - Forest Class 5.92 Acres - Ineligible 154.68 Acres Total Option Two Method 148.76 Acres - Forest Class 5.92 Acres - Ineligible 154.68 Acres Total Assessed Values - Current Method Land Use Value Fair Market Value Land - $ 66,592 $ 386,700 Imp. - 93,200 93,200 Total - $ 159,792 $ 479,900 Tax - $1,741.73 $5,230.91 Deferred Tax: $3,489.18 Assessed Values - Option two Method Land Use Value Fair Market Value Land - $ 66,592 $ 386,700 Imp. - 93,200 93,200 Total - $ 159,792 $ 479,900 Tax - $1,741~73 $5,230.91 Deferred Tax: $3,489.18 Option Two would not change any assessment/tax calculations, it only establishes a definite geographical area of the county in which Land Use Assessment would be applied. History of the Deferred/Write-Off Deferred 1992 - $ 3,489.18 1991 - $ 3,484.85 1990 - $ 3,487.04 1989 - $ 1,491.04 1988 - $ 1,511.88 1987 - $ 1,570.83 1986 - $ 1,582.52 1985 - $ 1,498.82 1984 - $ 1,352.40 1983 - $ 1,390.62 $20,859.18 Write-Off N/A N/A N/A N/A N/A N/A $1,582.50 $1,498.82 $1,352.40 $1,390.62 $5,824.34 REA51992 0 0 4 LAND USE ASSESSMENTS - OPTION THREE Description: This option would restrict a land owner from having no more than 100 acres in the .program. Agricultural, forestry, and open .space would remain as classifications. Geographic Area: Countywide. Participating Tracts: 740 Deferred Tax: $669,500 Savings from the current program: $ 695,379 Impact on land use: Ignores comprehensive plan objectives; encourages the division of large tracts into parcels 100 acres or less. Future large scale development may be impacted. O0 OPTION THREE EXAMPLE Map ID: 72(1)17 151.31 Acres predominately Forest Land at 20201 Hull Street Road, vicinity of Skinquarter & Deer Range Roads. 5 acres of this tract is zoned B-3, remainder is agricultural. Owner lives in Emory, Virginia. Current Land Use Assessment Metho~ 134.81 Acres - Forest Class 16.50 Acres - Ineligible 151.31 Acres Total Option Three Metho~ 100.00 Acres - Forest Class 51.31 Acres - Ineligible 151.31 Acres Total Assessed Values - Current Method Land Use Value Fair Market Value Land - $ 136,213 $ 309,100 Imp. - 60,800 60,800 Total - $ 197,013 $ 369,900 Tax - $2,147.44 $4,031.91 Deferred Tax: $1,884.47 Assessed Values - Option Three Method (100 Acres Maximum in Land Use Program) Land Use Value Fair Market Value Land - $ 183,'910 $ 309,100 Imp. - 60,800 60,800. Total - $ 244~710 $ 369,900 Tax - $2,667.33 $4,031.91 Deferred Tax: $1,364.58 Option Three would require this property owner to pay $519.89 more taxes annually. History of the Deferred/Write-Off Deferred 1992 - $ 1,883.49 1991 - $ 1,774.91 1990 - $ 1,111,23 1989 - $ 2,128.69 1988.- $ 1,707.71 1987 - $ 1,759.12 1986 - $ 1,766.92 1985 - $ 1,671.84 1984 - $ 1,655'.12 1983 - $ 1,15i.50 $16,610.53 Write-Off N/A N/A N/A N/A N/A N/A $1,766.9~ $1,671.84 $1,655.12 $1,151.50 $6,245.38 REA51992 O0 46 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Hay 27, 1992 MEETING DATE: ITEM NUMBER: 6. B. SUB4ECT: Award Construction Contract to Pizzagalli Construction Company for Expansion and Upgrading of the Proctors Creek Wastewater Treatment Plant COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Proctors Creek plant requires expansion to provide treatment capacity for continued development within the County. Additionally, the degree of treatment must be increased consistent with the Richmond-Crater Water Quality Management Plan and nutrient removal facilities must be provided. Additional information is attached to provide a description of the County's wastewater system. Bids were received to construct facilities to increase capacity from 12 MGD to 27 MGD and to provide the required level of treatment including nutrient removal. Five bids were received ranging from $29,859,215 to $34,491,00]. The low bid was submitted by Pizzagalli Construction Company. The design engineers estimate was $33,000,000. Funding for the project is provided in the Capital Improvement Budget. RECOMMENDATION: Staff recommends that the Board construction contract to Pizzagalli authorize the County Administrator documents. ATTACHMENTS: YES · NO [] of Supervisors award the Construction Company and to execute the' necessary Craig S. Bryant Assistant Director of Utilities SIGNATURE: COUNTY ADMINISTRATOR 00 024 y BOS-9891 CHESTERFIELD COUNTY WASTEWATER SYSTEM The Chesterfield County wastewater system consists of over 1200 miles of pipeline, 18 pumping stations and two wastewater treatment facilities. The system currently serves approximately ]80,000 people and most of the County's commercial and industrial development. Treatment of wastewater generated in the extreme northern and southern portions of the County is provided by the Cities of Richmond and Petersburg respectively. The remainder of the County and a small part of the City of Richmond are served by the Falling Creek and Proctors Creek treatment facilities operated by the County. (See attached map) Most residential, commercial and industrial development is planned in the Falling Creek and Proctors Creek service areas. The Falling Creek plant is currently operating at its permitted capacity and the site will not accommodate expansion. Capacity must therefore be provided at the Proctors Creek site for the entire Falling Creek/Proctors Creek service area. A pumping station has been constructed to divert wastewater generated in the Falling Creek service area to the Proctors Creek plant for treatment. The Proctors Creek plant currently receives an average flow of approximately 9 million gallons per day (MGD). The plant's present capacity is 12 MGD. With the current rate of increase in wastewater flow, the remaining capacity should be adequate for 4-5 years. However, one new significant industrial discharger could require a significant portion of that capacity. To assure that capacity is available to support economic development the Proctors Creek facility must be expanded. The increase in capacity from 12 MGD to 27MGD should provide sufficient capacity for ]5-20 years. In conjunction with the expansion nutrient removal facilities are being provided as required by the State Water Control Board, and the level of treatment is being increased through the addition of filters. The treated water discharged from County facilities has consistently surpassed state and federal requirements. As a result the Proctors Creek facility received the regional EPA Excellence in Operations and Maintenance Award in 1986, and the Falling Creek facility received the State Water Control Board Excellence in Operations and Maintenance Award in 1987. The facilities included in this project will allow the County to continue its efforts to improve water quality in the James River and the Chesapeake Bay. Construction is scheduled for completion in 1995. CSB/eag B:May3192.doc 00 025 CONTACT: Terri Burgess, Senior Information Specialist, 748-1876 FOR IMMEDIATE RELEASE A construction contract for $29,859,215 to expand the Proctors Creek Wastewater Treatment Plant was awarded to Pizzagalli Construction Company by the Chesterfield County Board of Supervisors at its May 27, 1992 meeting. Pizzagalli submitted the lowest bid for the expansion construction, which is the largest project ever for Chesterfield County's Department of Utilities. The additional facilities will more than double the amount of wastewater the plant can treat, increasing its capacity from 12 million gallons per day to 27 million gallons per day. In addition, the level of treatment will improve due to the addition of filtration equipment and the ability to remove nitrogen and phosphorus. The improved quality of water discharged from the plant will have a positive impact on the James River, and ultimately, the Chesapeake Bay. The plant expansion has been designed to meet or exceed all -more- 00 027 requirements of the Virginia State Water Control Board for compliance with the Clean Water Act and the Chesapeake Bay Agreement. Though not required by the state, facilities for nitrogen removal will be included because of the positive impact on the environment and reduced operating costs. R. Stuart Royer & Associates of Richmond performed the engineering design. Construction of the new facilities is expected to be completed in the summer of 1995. -more- 00 026 0 029 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE: May 27, 1992 ITEM NUMBER:, 6.C.1. Nomination and Appointment of Members to a Cable TV Franchise Renewal Committee COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: At the March 25th work session, the Board approved a Cable Television Franchise Renewal calendar that includes the appointment of a five-memeber citizens' committee to assist staff in preparing a community needs assessment study. Staff is now gathering information from Storer Cable which will be analyzed by Staff and the citizens' committee to develop the model which will be used to judge Storer's franchise proPosal. The staff and the citizens' committee will meet during the summer so that the Community Needs Proposal can be presented to the Board in October, 1992. At the May 13th meeting, the Board nominated Mrs. Cynthia ~ LDale Di~tric~), Sharon Appich (M~lothi~ ~istr~n~) and' Jommy__ Hawkins (Clover H~il District) to serve on the citizen's comml C E ~=e. Recommendation: Appointment of nominees to the Cable Television Franchise Renewal Committee from Dale, Midlothian and Clover Hill Districts and nomination and appointment of representatives from Bermuda and Matoaca~~~~s. ~ PREPARED BY: %,-_ , ~~ ATTACHMENTS: YES [] NO · Steven L. Micas Ceunty Attorney 0800:583.2 SIGNATURE:. ' "-COUN~TY ADI~INISTRATOR O0 CHESTERFI ELD COUNTY BOARD OF SUPERVISORS AG E NDA MEETING DATE: May 27, 1992 APPOINTMENTS Committee on the Future ITEM NUMBER: 6.C.2. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Mr. Daniel has received the resignation of Mr. Joseph L. Biggs, representing Dale District on the Committee on the Future. Mr. Daniel has asked that Kenneth F. Hardt, Esquire of Kelly, Lewis & Hardt, Suite 500, 7400 Beaufont Springs Drive, Richmond, Virginia 23225, be nominated to fill the vacancy. Staff recommends the Board accept the resignation of Mr. Biggs and that Mr. Daniel place Kenneth F. Hardt's name in nomination, representing Dale District, to serve on the Committee on the Future, whose term would be effective immediately and be at the pleasure of the Board. (See attached.) PREPARE! BY: ATTACHMENTS: YES · NO i"1 SIGNATURE: COUNTY A~I:N1 STRATOR 00 031 BOS-9891 83: 4§ PM KENNETH F. HARDT 4307 Windy Oaks Lane Richmond, Virginia 23234 (804) 743-7104 EXPERIENCE April, 19911 - Present: Kelly, Lewis & Hardt. Civil litigation practice including disputes involving commercial leases, corporate acquisition, personal injury, insurance defense and contract/warranty rights, .. --May, 1984 - March. 1991: McOuire, Woods, Battle & Boothe. Litigation practice that focused on product liability, nationwide claims coordination, risk management and insurance defense. May, 198,3. - August, !983 [_clinical August, 1983.- May, 19841: United States Attorney's Office for the Eastern District of Virginia, Richmond. Student Assistant to the United States Attorney. Assisted in preparation and trial of jury and non-jurY felony cases; representation of U.S. in arraignments and sentencing proceedings; plea negotiations and prosecution of misdemeanors before U.S. Magistrate. May, 1980- August, 1981: Baker & McKenzie, Washington, D.C, Administrative Clerk. Legal Clerk and Assistant to Chief BAR ADMISSIONS Admitted to practice in Supreme Court of Virginia and Court of Appeals of Maryland. Also admitted to practice in the United States District Courts for the Eastern and Western Districts of Virginia, United States Court of Appeals for the Fourth Circuit, and United States Bankruptcy Court for the Eastern District of Virginia. O0 082 03:45 PM EDUCATION T. C. Williams School of_ Law. _Urtiversity of Ricilmond May, 1984. J.D,, ~. Class Rank: Top Five Percent. Associate Editor, University of Richmond Law Review. McNeal Honor Society. Omicron Delta Kappa Honor Society. Moot Court Board Chairman of By-Laws Committee. Who's Who in American Law Students. University of Virgi_nia May, 1980. B.A., Philosophy. Chi Psi, Alpha Omicron. Philosophy Club. Worked through school as supervisor, U.Va. Food Services. PU~_LICATION Comment, Physician's Negligence Giving Rise to the Birth of a Healthy but Unplanned Child: A Sum!3ary of Damages Recoverable by the Parents, 17 U. RICH. L. REV. 403 (Winter 1983). ASSOCIATIONS AND MEMBERSItlPS Virginia State Bar; Richmond Bar Association; Chesterfield/Colonial Heights Bar Association; Chesterfield Business Council; Who's Who in Practicing Attorneys. ~ERSONAL Bom January 20, 1959, in Okinowa, Ryukyu Islands. children, Bryton (5) and Chelsea (3). Married to Diane with two O0 033 CHESTERFI ELD COUNTY BOARD OF SUPERVISORS AGE NDA k. May 27, 1992 MEETING DATE: ITEM NUMBER: 7. ~: Streetlight Installation Cost Approval Deferrals COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION This item requests Board approval of various deferred Street light Installation Cost Approvals presented by Magisterial District. St reet light requests from individual citizens or civic groups are recelved in the Department of Environmental Engineering. Staff requests cost quotations from Virginia Power for each request received. When the quotation is received, staff re-examines each request and presents them at the next available regular meeting of the Board of Supervisors for consideration. Staff provides the Board with an evaluation of each request relative to the three evaluation criteria set forth in the Policy: 1. Streetlights should be located at intersections; There should be a minimum average of 600 vehicles per day (VPD) passing the requested location if it is an intersection, or 400 VPD if the requested location is not an intersection; ATTACHMENTS: CONTINUED NEXT PAGE YES ~ NO [] Rlcha~d"M. ~4-c/Elfl~h, P.E. Dlrector Environmental Engineering h SIGNATURE: COUNTY~TRATOR 00 BOS-9891 Streetllght Cost Approval Deferrals Meetlng~Date: May 27, 1992 Page 2 3. Petitions are required and should include 75% of residents within 200 feet of the requested location and if at an intersection, a ma3ority of those residents immediately ad3acent to the intersection. Cost quotations from Virginia Power are valid, in general, for a period of 90 days. The Board, upon presentation of the cost quo- tation may approve, defer, or deny the expenditure of funds for the streetllght installation. If the expenditure is approved, staff authorizes Virginia Power to install the streetlight. A denial will cancel the pro3ect and staff will so notify the requestor. A deferral will be brought before the Board again when specified. Ail items deferred from the March 11, 1992 Board meet ings. ' and May 13, 1992 CLOVER HILL DISTRICT: Intersection of Red Chestnut Court and Red Chestnut Drive Cost to install lights $3,657.00 Does not meet minimum criterion for vehicles per day Mid-point of Red Chestnut Drive Cost to install lights $1,723.00 Does not meet minimum criteria for intersection vehicles per day, or petltlon ' MATOACA DISTRICT: * Vicinity of 4306 Sacks Lane Cost to install lights $2,280.00 Does not meet minimum criteria for intersection or vehicles per day. Requestor priority 1 of 5. * Vicinity between 20805 and 20807 Sasha Court Cost to install light: S2,444.00 Does not meet minimum criteria for intersection or vehicles per day. Requestor priority 2 of 5. * Vicinity of 20904 Sasha Court in cul-de-sac Cost to install light: $1,865.00 Does not meet minimum criteria for intersection or vehicles per day. Requestor priority 3 of 5. St feet light Cost Approvals Meeting Date: May 27, 1992 Page 3 MATOACA DISTRICT (cont'd): * Vicinity of 20812 Shaker Drive Cost to install light~ $1,766.00 Does not meet minimum criteria for intersection or vehicles per day. Requestor priority 4 of 5. * Vicinity of 20805 Shaker Drive Cost to install light: Sl,615.00 Does not meet minimum criteria for intersection or vehicles per day. Requestor priority 5 of 5. 096 .Board Agenda Item - Street Light Cost Approval Deferrals May 27, 1992 Budqet and Manaqement Comment~: Clover Hill District: The existing balance is $6,659. This agenda item requests use of $5,380. The requests for the two agenda items included for this meeting total $7,501. Given the existing balance of $6,659, there would be a shortfall in the amount of $842. Matoaca District: The existing balance is $8,304. This agenda item requests use of $9,970. The requests for the two agenda items included for this meeting total $10,527. Given the existing balance of $8,304, there would be a shortfall in the amount of $2,223. Jmes J. ~/~tegma~er, Direct~or dget & Management Department 1197 00 O97 O0 098 STREETLIGHT REQUEST Clover Hill District REQUEST RECEIVED: ESTIMATE RECEIVED: September 17, 1991 February 14, 1992 ESTIMATE REQUESTED: DAYS ESTIMATE OUTSTANDING: January 10, 1992 35 COST TO INSTALL STREETLIGHT: $3657.00 NAME OF REQUESTOR: Fred Little ADDRESS: 12906 Pecan Terrace, Midlothian, VA 23113 PHONE NUMBER: HOME - 744-1950 WORK - 755-5369 REQUEST IS LOCATED AT THE INTERSECTION OF Red Chestnut Court and Red Chestnut Drive, Vicinity of 12915 REQUEST IS NOT AT AN INTERSECTION. REQUESTED LOCATION IS POLE ALREADY EXISTS AT THIS LOCATION POLICY CRITERIA: INTERSECTION: VEHICLES PER DAY: PETITION: Qualified Not Qualified, less than 600 VPD Qualified COMMENTS: Location approved at the January 8, 1992, Board meeting. Deferred from March 11, 1992, Board meeting to May 13, 1992 meeting. Deferred from May 13, 1992, Board meeting to May 27, 1992 meeting. Attachments? No 00 O99 REQUEST RECEIVED: September 17, 1991 STREETLIGHT REQUEST Clover Hill District ESTIMATE REQUESTED: January 10, 1992 ESTIMATE DAYS ESTIMATE RECEIVED: February 14, 1992 OUTSTANDING: 35 COST TO INSTALL STREETLIGHT: $1723.00 NAME OF REQUESTOR: Fred Little ADDRESS: 12906 Pecan Terrace, Mldlothlan, VA 23113 PHONE NUMBER: HOME - 744-1950 WORK - 755-5369 REQUEST IS LOCATED AT THE INTERSECTION OF REQUEST IS NOT AT AN INTERSECTION. REQUESTED LOCATION IS Red Chestnut Drive, mid-point, vicinity of 12906 POLE ALREADY EXISTS AT THIS LOCATION. POLICY CRITERIA: INTERSECTION: VEHICLES PER DAY: PETITION: Not Qualified, location not an intersection Not Qualified, less than 400 VPD Not Qualified, less than 75% of residents within 200 feet COMMENTS: Location approved at the January 8, 1992, Board meeting Deferred from March 11, 1992, Board meeting to May 13, 1992 meeting. Deferred from May 13, 1992, Board meeting to May 27, 1992 meeting. Attachments? No O0 100 REQUEST RECEIVED: ESTIMATE RECEIVED: STREETLIGHT REQUEST Mat oaca District October 18, 1991 ESTIMATE REQUESTED: February 18, 1992 DAYS ESTIMATE OUTSTANDING: COST TO INSTALL STREETLIGHT: $2444.00 NAME OF REQUESTOR: Marion Vaughan ADDRESS: 3512 South Street, Ettrick, VA 23803 PHONE NUMBER: HOME - 526-7118 WORK - REQUEST IS LOCATED AT THE INTERSECTION OF November 20, 1991 90 REQUEST IS NOT AT AN INTERSECTION. REQUESTED LOCATION IS Sasha Court, vicinity of 20805 and 20807 POLE ALREADY EXISTS AT THIS LOCATION. POLICY CRITERIA: INTERSECTION: VEHICLES PER DAY: PETITION: Not Qualified, location not an intersection Not Qualified, less than 400 VPD Qualified COMMENTS: Location approved at the November 13, 1991, Board meeting. This installation is Requestor's priority number 2 of 5. Deferred from March 11, 1992, Board meeting to May 13, 1992, meeting. Deferred from May 13, 1992, Board meeting to May 27, 1992 meeting. At t achment s ? No O0 REQUEST RECEIVED: ESTIMATE RECEIVED: STREETLIGHT REQUEST Matoaca District October 18, 1991 ESTIMATE REQUESTED: February 18, 1992 DAYS ESTIMATE OUTSTANDING: COST TO INSTALL STREETLIGHT: $1865.00 NAME OF REQUESTOR: Marion Vaughan ADDRESS: 3512 South Street, Ettrick, VA 23803 PHONE NUMBER: HOME - 526-7118 WORK - REQUEST IS LOCATED AT THE INTERSECTION OF November 20, 1991 90 REQUEST IS NOT AT AN INTERSECTION. REQUESTED LOCATION IS Sasha Court, vicinity of 20904 in cul de sac POLE ALREADY EXISTS AT THIS LOCATION. POLICY CRITERIA: INTERSECTION: VEHICLES PER DAY: PETITION: Not Qualified, location not an intersection Not Qualified, less than 400 VPD Qualified COMMENTS: Location approved at the November 13, 1991, Board meeting. This installation is Requestor's priority number 3 of 5. Requestor also states: "This is a dead end circle with no sufficient light." Deferred from March 11, 1992, Board meeting to May 13, 1992, meeting. Deferred from May 13, 1992, Board meeting to May 27, 1992, meeting. At t achment s ? No O0 .1_02 REQUEST RECEIVED: ESTIMATE RECEIVED: STREETLIGHT REQUEST Matoaca District October 18, 1991 ESTIMATE REQUESTED: February 18, 1992 DAYS ESTIMATE OUTSTANDING: COST TO INSTALL STREETLIGHT: $1766.00 NAME OF REQUESTOR: Marion Vaughan ADDRESS: 3512 South Street, Ettrlck, VA 23803 PHONE NUMBER: HOME - 526-7118 WORK - REQUEST IS LOCATED AT THE INTERSECTION OF November 20, 1991 90 REQUEST IS NOT AT AN INTERSECTION. Shaker Drive, vicinity of 20812 REQUESTED LOCATION IS POLE ALREADY EXISTS AT THIS LOCATION. POLICY CRITERIA: INTERSECTION: VEHICLES PER DAY: PETITION: Not Qualified, location not an intersection Not Qualified, less than 400 VPD Qualified COMMENTS: Location approved at the November 13, 1991, Board meeting. This installation is Requestor's priority number 4 of 5. Requestor also states: street with no light." "This location is very dark and on a back Deferred from March 11, 1992, Board meeting to May 13, 1992 meeting. Deferred from May 13, 1992, Board meeting to May 27, 1992, meeting. Attachments? No O0 STREETLIGHT REQUEST Mat oaca District REQUEST RECEIYED: October 18, 1991 ESTIMATE REQUESTED: ESTIMATE RECEIVED: February 18, 1992 DAYS ESTIMATE OUTSTANDING: COST TO INSTALL STREETLIGHT: S1615.00 NAME OF REQUESTOR: Marion Vaughan ADDRESS: 3512 South Street, Ettrlck, VA 23803 PHONE NUMBER: HOME - 526-7118 WORK - REQUEST IS LOCATED AT THE INTERSECTION OF November 20, 1991 90 REQUEST IS NOT AT AN INTERSECTION. Shaker Drive, vicinity of 20805 REQUESTED LOCATION IS POLE ALREADY EXISTS AT THIS LOCATION. POLICY CRITERIA: INTERSECTION, VEHICLES PER DAY: PETITION, Not Qualified, location not an intersection Not Qualified, less than 400 VPD Qualified COMMENTS: Location approved at the November 13, 1991, Board meeting. This installation is Requestor's priority number 5 of 5. Deferred from March 11, 1992, Board meeting to May 13, 1992, meeting. Deferred from May 13, 1992, meeting to May 27, 1992, meeting. Attachment s? No O0 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGE NDA May 27, 1992 6.D. MEETING DATE: ITEM NUMBER: ,SUBJECT: Streetlight Installation Cost Approvals COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION This item request s Board approval of various St feet light Installation Cost Approvals presented by Magisterial District. Streetllght requests from individual citizens or civic groups are received in the Department of Environmental Engineering. Staff requests cost quotations from Virginia Power for each request received. When the quotation is received, staff re-examines each request and presents them at the next available regular meeting of the Board. of Supervisors for consideration. Staff provides the Board with an evaluation of each request relative to the three evaluation criteria set forth in the Policy= 1. Streetlights should be located at intersections; There should be a minimum average of 600 vehicles per day (VPD) passing the requested location if it is an intersection, or 400 VPD if the requested location is not an intersection; ATTACHMENTS: YES · CONTINUED NEXT PAGE Richard ~. MC~lfisn, P.E. Director NO [] Environmental Engineering SIGNATURE: COUNTY ADM I NI STRATOR O0 034 BOS-9~1 Street light Cost Approvals Meeting Date: May 27, 1992 Page 2 Petitions are required and should include 75% of residents within 200 feet of the requested location and if at an intersection, a majority of those residents immediately adjacent to the intersection. Cost quotations from Virginia Power are valid, in general, for a period of 90 days. The Board, upon presentation of the cost quo- tation may approve, defer, or deny the expenditure of funds for the streetlight installation. If the expenditure is approved, staff authorizes Virginia Power to install the Streetllght. A denial will cancel the project and staff will so notify the requestor. A deferral will be brought before the Board again when specified. BERMUDA DISRTICT~ * Whitley Street, vicinity of dead end Cost to install light: $601.00 Does not meet minimum criteria for intersection or vehicles per day. * Intersection of Harrowgate Road and Stoney Creek Parkway Cost to install light: $337.00 Meets all minimum criteria. CLOVER HILL DISTRICT, * Intersection of Melissa Mill Road and Queen Elizabeth Avenue Cost to install light: $2121.00 Does not meet minimum criterion for vehicles per day. DALE DISTRICT, * Intersection of Banes Court (E. & W.) and South Jessup Road Cost to install light= $662.00 Meets all minimum criteria. MATOACA DISTRICT: * Intersection of Hull Street Road and south side of Hull Street Road Cost to install light: $311.00 Speeks Drive on the Meets minimum criteria. * Intersection of River Road and Trojan Drive Cost to install light: $246.00 Meets minimum criteria. 00 035 Board Agenda Item - Street Light Cost Approvals ~May 27, 1992 Budget and Management Comments: Bermuda District: The balance available is $3,802. Use of $938 for this request will leave a remaining balance of $2,864. Clover Hill District: The balance available is $6,659. Use of $2,121 for this request will leave a remaining balance of $4,538. Dale District: The balance available is $8,025. Use of $662 for this request will leave a remaining balance of $7,363. Matoaca District: The balance available is $8,304. Use of $557 for this request will leave a remaining balance of $7,747. ~ector ~u~get & Management Department 1196 00 Z 0 Z Z O0 037 REQUEST RECEIVED October 15, 1991 STREETLIGHT REQUEST Bermuda District ESTIMATE REQUESTED: ESTIMATE DAYS ESTIMATE RECEIVED: May 6, 1992 OUTSTANDING: COST TO INSTALL STREETLIGHT: $601.00 NAME OF REQUESTOR: Mary Anne White ADDRESS: 14708 Whltley Street, Chester, VA 23831 PHONE NUMBER: HOME - 530-3278 WORK - November 20, 1991 168 REQUEST IS LOCATED AT THE INTERSECTION OF IS NOT AT AN INTERSECTION. REQUESTED LOCATION IS REQUEST Whltley Street, vicinity of dead end POLE ALREADY EXISTS AT THIS LOCATION POLICY CRITERIA: INTERSECTION: VEHICLES PER DAY: PETITION: Not Qualified, location not an intersection Not Qualified, less than 400 VPD Qualified COMMENTS: Requestor states: "We live on a street that has several small children. Has had stolen bike, break-in, and concrete figures stolen out of my yard. We request a minimum of 3 lights, but would like more more if possible. This location is a school bus stop." Location was approved at the November 13, 1991, Board meeting. Attachments? No O0 088 REQUEST RECEIVED: April 13, 1992 STREETLIGHT REQUEST Bermuda District ESTIMATE REQUESTED: April 15, 1992 ESTIMATE DAYS ESTIMATE RECEIVED: May 7, 1992 OUTSTANDING: 22 COST TO INSTALL STREETLIGHT: $337.00 NAME OF REQUESTOR: Brian W. Davis ADDRESS: 4908 Cedar Cliff Road, Chester, VA 23831 PHONE NUMBER: HOME - 751-0534 WORK - 530-6384  IS LOCATED AT THE INTERSECTION OF REQUEST Harrowgate Road and Stoney Creek Parkway REQUEST IS NOT AT AN INTERSECTION. REQUESTED LOCATION IS POLE ALREADY EXISTS AT THIS LOCATION POLICY CRITERIA: INTERSECTION: VEHICLES PER DAY: PETITION: Qualified Qualified Qualified COMMENTS: Requestor states: "Our concern is, with cars travelling at 45 mph or faster and poor visibility of the entrance at night, it is difficult to safely turn into Stoney Glen." Staff notes: This location is the entrance to the subdivision. Harrowgate Road is a primary state route. Attachments? No O0 039 STREETLIGHT REQUEST Clover Hill District REQUEST RECEIVED: August 5, 1991 ESTIMATE REQUESTED: December 21, 1991 ESTIMATE RECEIVED: May 14, 1992 DAYS ESTIMATE OUTSTANDING: 145 COST TO INSTALL STREETLIGHT, $2121.00 NAME OF REQUESTOR: Frank Watson, Jr. ADDRESS: Pres. Runnymeade Civic Assoc., 1616 Hybla Road Richmond, VA 23236 PHONE NUMBER: HOME - 794-7524 WORK - 354-0686 IS LOCATED AT THE INTERSECTION OF REQUEST Mellssa Mill Road and Queen Elizabeth Avenue REQUEST IS NOT AT AN INTERSECTION. REQUESTED LOCATION IS POLE ALREADY EXISTS AT THIS LOCATION POLICY CRITERIA: INTERSECTIONs VEHICLES PER DAY: PETITION: Qualified Not Qualified, less than 600 VPD Qualified COMMENTS: Location approved at the November 28, 1991, Board meeting. Attachments? No O0 040 REQUEST RECEIVED: September 4, 1990 STREETLIGHT REQUEST Dale District ESTIMATE REQUESTED: October 1, 1990 ESTIMATE DAYS ESTIMATE RECEIVED: May 15, 1992 OUTSTANDING~ 592 COST TO INSTALL STREETLIGHT: $662.00 NAME OF REQUESTOR: Kay Dennis ADDRESS: 6408 Banes Court East, Chesterfield, Va 23832 PHONE NUMBER: HOME - 271-7882 WORK -  IS LOCATED AT THE REQUEST INTERSECTION OF Banes Court (E & W) and S. Jessup Road REQUEST IS NOT AT AN INTERSECTION. REQUESTED LOCATION IS POLE ALREADY EXISTS AT THIS LOCATION POLICY CRITERIA: INTERSECTION: VEHICLES PER DAY: PETITION: Qualified Qualified Qualified COMMENTS: Location approved at the September 26, 1991, Board meeting. Attachments? No 00 04i STREETLIGHT REQUEST Mat oaca District REQUEST RECEIVED: March 13, 1992 ESTIMATE REQUESTED~ March 16, 1992 ESTIMATE RECEIVED: May 11, 1992 DAYS ESTIMATE OUTSTANDING: 56 COST TO INSTALL STREETLIGHT: $311.00 NAME OF REQUESTOR: Joseph M. Atkinson ADDRESS, JAM Enterprises, Inc., 1749 Page Road Powhatan, VA 23139 PHONE NUMBER: HOME - WORK - 379-9321 REQUEST LOCATED AT THE INTERSECTION OF IS Hull Street Road and Speeks Drive, south side REQUEST IS NOT AT AN INTERSECTION. REQUESTED LOCATION IS POLE ALREADY EXISTS AT THIS LOCATION POLICY CRITERIA: INTERSECTION: VEHICLES PER DAY: PETITION: Qualified Qualified Not Required, Commercial Intersection COMMENTS, Staff notes: 1. This is a commercial intersection with no residences within 200 feet; a petition is not required. 2. Mr. Atkinson of JAM Enterprises, Inc. represents the developer's company, Compson Development. 3. This installation meets all minimum criteria. Attachments? No 00 042 STREETLIGHT REQUEST Matoaca District REQUEST RECEIVED: January 10, 1992 ESTIMATE REQUESTED: January 21, 1992 ESTIMATE RECEIVED: May 6, 1992 DAYS ESTIMATE OUTSTANDING: 106 COST TO INSTALL STREETLIGHT: $246.00 NAME OF REQUESTOR: Evelyn Hayes ADDRESS= Trojan Woods Community Assoc., 21329 Sparta Drive Ettrick, VA 23803 PHONE NUMBER: HOME - 526-6762 WORK - REQUEST IS LOCATED AT THE INTERSECTION OF River Road and Trojan Drive REQUEST IS NOT AT AN INTERSECTION. REQUESTED LOCATION IS POLE ALREADY EXISTS AT THIS LOCATION POLICY CRITERIA: INTERSECTION: VEHICLES PER DAY: PETITION: Qualified Qualified Qualified COMMENTS: Please see attached letter from requestor Attachments? Yes 00 Trojan Woods Community Association 21329 Sparta Drive Ettrick, Virginia 23803 January 7, 1992 Mr. Richard A. Leonard Administrative Analyst Environmental Engineering P. O. Box 40 ChesterfS~M, Virgir~ 23832 Dear Mr. Leonard: Enclosed are petitions in request for the inst~]]~tion of a street light at the following locations: a. Trojan Drive and Hero Court b. Trojan Drive and Helena Court c. Trojan Drive and River Road d. 21309 Sparta Drive For the safety of our community, the installation of additional street lights is imperative. Our request was denied in 1989. We sincerely hope that our request will be granted in 1992. We will be very, very appreciative of any consideration given in this matter. Sincerely~______~~:yours, ~ Evelyn R~ Hayes, Trojan Woods Community Association ERH/hr 00 044 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGE NDA MEETING DATE : May 27, 1992 ITEM NUMBER:. 6.E.l.a. SUB4ECT: Resolution Recognizing Coach Glen R. "Dutch" Schrotenboer Upon His Retirement as Football Coach from Lloyd C. Bird High School COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION Mr. McHale has requested the Board adopt a resolution recognizing Coach Schrotenboer upon his retirement as Football Coach at Lloyd C. Bird High School. The resolution will be presented to Coach Schrotenboer at a faculty ceremony in June. See attached. PREPARED BY: ,. ATTACHMENTS: YES I NO [] SIGNATURE: COUNTY ADM I N I STRATOR 00 8OS-9891 RECOGNIZING COACH GL~ R. "DUTCH" SCHROTENBOER UPON HIS ~ETI~ W7~%S, Coach Glen R. "Dutch" Schrotenboer has served the County of Chesterfield for approximately ten years in the Physical Education Department at Lloyd C. Bird High School; and ~, Coach Schrotenboer retired from the Chesterfield County School System on March 30, 1992; and ~, bringing his chosen career the highest level of character, dedication and good sportsmanship, Coach Schrotenboer has instilled the same values in all his students and players; and WHEREAS, Coach Schrotenboer has been a highly successful football coach having reached the commendable level of eighty- four victories for the Lloyd C~ Bird Skyhawks. WHEREAS, Coach Schrotenboer's dedication to physical education resulted in Lloyd C. Bird Skyhawks having an undefeated season in 1987; and Ww~, in 1991, Coach Schrotenboer led the Lloyd C. Bird Skyhawks to their finest season, winning the District and Regional Championships as well as receiving first runner-up in the State Championship and receiving the highest award ever attained by any high school within Chesterfield County. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors wishes Coach Glen R. "Dutch" Schrotenboer the best in his retirement and would like him to know that his contributions to the school community and young leaders of tomorrow will be cherished and never forgotten. O0 046 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE: SUBdECT: May 27, 1992 ITEM NUMBER: 6.E.l.b. Resolution Recognizing Mr. Jimmy F. Sublett Upon His Retirement as Principal from Thomas Dale High School COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION Mr. McHale has requested the Board adopt a resolution recognizing Mr. Jimmy Sublett upon his retirement as Principal of Thomas Dale High School. The resolution will be presented to Mr. Sublett in June at a retirement ceremony in his honor. See attached. PREPARED BY:, ATTACHMENTS: YES · NO [] SIGNATURE:, , COUNTY ADM I N! STRATOR 00 047 RECOGNIZING MR. JIMM~f F. SUBLETT UPON HIS RETIREMENT WT~K~EAS, Mr. J~mL~ F. Sublett served the State of Virginia for over thirty years and in that time, the County of Chesterfield for over fourteen years; and W~4RREAS, Mr. Sublett was Assistant Principal of Thomas Dale High School for one year and in the capacity of Principal for over thirteen years; and ~, Mr. Sublett's dedication to academic improvement resulted in Thomas Dale High School having gained the reputation of being one of the finest academic institutions in the State of Virginia; and ~, Mr. Sublett's commitment to the fine arts helped bring recognition on the State level in Band, Chorus, Orchestra, Drama and Art; and WWR~RAS, Mr. Sublett's support of athletics helped provide Thomas Dale High School with an environment of competition where the success of its athletes in all sports was coupled with not just winning but also the value of sportsmanship and applying athletic competition to life in the real world; and ~~S, Mr. Sublett was successful in establishing a computer writing lab for students in English classes; and WHEREAS, Mr. Sublett was instrumental in obtaining renovations such as new lighting, ceiling tile, new science labs to enhance the educational environment and offerings for the students of Thomas Dale High School; and WHEREAS, Mr. Sublett was instrumental in establishing a PTSA, working for the betterment of Thomas Dale High School and its students; and WHEREAS, Mr. Sublett was instrumental in getting Project Awareness, a school/business partnership with Philip Morris, USA, started; and WHEREAS, Mr. Sublett worked diligently to obtain the Carl Perkins Grant in order to establish a state-of-the-art Macintosh lab to aid in the educational process of the students of Thomas Dale High School; and WHEREAS, Mr. Sublett has provided leadership and stability to his peers through service on various committees, councils and associations; and O0 048 WHEREAS, Mr. Sublett's leadership helped guide the educational mission of the staff and students and impaCted in a positive way the direction of the community as a whole. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors Wishes Mr. Jimm~ F. Sublett the best in his retirement and would like him to know that his contributions to the school community and young leaders of tomorrow will be cherished and never forgotten. 00 049 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGE NDA MEETING DATE: ~I,/B4ECT: May 27, 1992 ITEM NUMBER: 6.E.2.a. Request for Permit to Stage Fireworks Display at the Cloverleaf Mall on July 3, 1992 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION The Cloverleaf Mall has applied for a permit to stage a fireworks display in a vacant lot at the rear of the Cloverleaf Mall property on the evening of July 3, 1992. Mr. W. G. Bulifant, III, of Dominion Fireworks, a division of Vineland Fireworks Company, Inc., has conducted similar displays in the County and has submitted evidence of a fireworks liability insurance policy in the amount of $2,000,000 insuring Vineland Fireworks which names the County as an additional insured. Dennis Turlington, Fire Marshal, has reviewed the request and indicated that the manner of staging the display meets the applicable requirements of the Fire Prevention Code. ATTACHMENTS: YES [] 0900:1013.1 NO · SIGNATURE: PREPARED BY~,~ Steven L. Micas County Attorney COUNTY ADM 3R (~~IISTRAT~ 00 050 BOS-9~1 CLOVERLEAF MALL 7£01 Midlothian Turnpike P. O. Box 13~07 Richmond, Virginia 23225 (80~) £76-8652 May 11, 1992 Ms. Barbara King Attorney's Office Chesterfield County P.O. Box 40 Chesterfield, VA 23832 Re: Proposed Fireworks Display - Cloverleaf Mall Dear Barbara: I am submitting in writing a formal request for a permit from the County for a fireworks display at Cloverleaf Mall. The fireworks display is planned for the evening of Friday, July 3, 1992 in a vacant field at the rear of the Cloverleaf Mall property. Enclosed you will find a letter from Dominion Fireworks, Inc., the selected contractor to provide the fireworks, as well as an insurance certificate which lists Chesterfield County, Virginia as an additional insured under Dominion Fireworks, Inc. insurance carrier. Please notify me as soon as possible regarding the approval by the Board of Supervisors. Thank you for your assistance in this matter, and I look forward to hearing from you as soon as possible. Sincerely, LA SALLE PARTNERS ASSET MANAGEMENT LIMITED Margaret P. Feely Marketing Coordinator Enc. CC: Captain David Creasy Hunter Lawrence W. G. Bulifant, III Asset Management LA SALLE PARTNERS Dominion Fireworks, Inc. P. O. Box 3015 -- Petersburg, VA 23805-3015 (804) 733-6792 {804) 452-0595 W. G. Bulifant III President May 04,1992 Dear Meg: Please find enclosed a certificate of insurance for the firework display to be performed on July 03,1992 at Cloverleaf. I need you to proceed with getting the county fire perrmit. I need you to do this as soon as posible. You will need to contact the Chesterfield County Fire Marshall's Office. Please feel free to call if you have any questions. I hope to hear from you soon. Sincerely, W. G. Bulifant III / ENCLOSURE Buy Virginia First iSil CERTIFICATE OF INSURANCE Date: 29 April 2_992 PRODUCER~ * IS U/insurance Services of San FranciSco 100 Pine Street, Suite 1700 San Francisco, CA 94111 INSURED: Vineland Fireworks Company. Inc. & Fireworks by Glrone 1311 East Ga:den .=load Vineland, New Jerse7 08360 This certificate is issued as a matter of information only .and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies below. C_O_MPzLnI1ES AFFORDING COVERAGE:_ Company British Compan;es Letter A Company L.ett~ ~ Underwriters at £1oyd's, London This is to ced:iff/ d'~at policies of insu, ance listed be!e'.-v have bee,-, issues to. The. :nsured names akove, fo,' tl~e policy p~.rioo in¢icated. Iqotw~thstanoing any requ[r~mmnt, term or condition of alw cont,'act or other document with r3spec'L to which this certificate may be issued or may pertain, the insurance afforded by the )olicies described herein is subject to all the terms, exclusions, and conditions cf such policies. Co Ltr A & B A & B Typo Of ~enera! Liabfli& Premises/Operations Contractual Liability Products/Completed Operations Personal Injury Public Display Excess L;sbility Umbrella Form Other Than U.mbreila Other Policy Number Master AutBorization: 91/4048/A00 Certificate: 92/3/VA0006 Type of Disp!ay: Site of Display: Date of Display: Policy Effective Date 05/31/92 PoEcy ExPiration Date 05/31/93 Fireworks Display Cloverleaf Mall July 3, 1992 Liability Limits fi~ $ ~ 000 ~ BI&PD Combined Personal Injury Each Accident 1,000, Aggregate 2,000, Bi&PD -0- Additional Insurads with r.~.e~t to above display only: 5) Cloverleaf Mall Merchants Association William Bulifant III 4301 Boxwood Drive Prince GEorge, VA 23875 Chesterfield County, VA CANCELLATION- i i Should any of lb= above descr;bed policies be I cancelled before the axpiration date [hereof, the. I. ~ssuing company will rnaii 15 days writt~.n notice to the certificate holder named to the left. Aathorhet[ Representative: ~ :2ur Kno,,'//edce'~/2ur Ee?t ' $ura,nce _: -- -i. . eb0rah Merlin0 -Account Executive 1) Lasalle Fund II 6) 2) Lasalle Advisors, LTD 3) Lasalle Partners, Ltd 4) Lasalle Partners Assets Management, LTD --.CERTIFICATE ltOLDER CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGE NDA MEETING DATE: May 27, 1992 ITEM NUMBER; 6.E.2.b. SUBJECT: Request for Permit to Stage Fireworks Display at 2 Bellona Arsenal, Midlothian, Virginia, on July 4, 1992 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: George F. Hoover has requested permission from the Board of Supervisors to stage a fireworks display on his private property at 2 Bellona Arsenal, Midlothian, Virginia 23113, on July 4, 1992, with a rain date of July 5, 1992. Mr. Hoover has over 38 years of pyrotechnical experience and will personally discharge the fireworks display. Mr. Hoover has conducted a similar exhibit on the same property each year for the past eight years without incident. He has obtained a liability insurance policy naming the County of Chesterfield as a co-insured party in the amount of $1,000,000. Dennis Turlington, Fire Marshal, reviewed this 'fireworks request and indicated that it meets the criteria under the Fire Prevention Code. ATTACHMENTS: YES O 0905:921.1 NO · SIGNATURE: PREPARED BY; ~ Steven L. Micas County Attorney COUNTY ADM I N1STRATOR 00 05i i OF AGENCY Gibs~, Brown & Miller 10171 Hull Street Road Midlothian, Va. 23112 Agency COMPANIES AFFORDING COVERAGES COMPANY LETTER A Aetna Casualty COMPANY LETTER a NAME AND ADDRESS OF INSURED COMPANY C LETTER George F. Hoover & Suzanne Y. Hoover COMPANYLETTER D 10700 Trade Road Richmond, Va. 23236 COMPANY E LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms exclusions and conditions of such policies. POLICY LIMITS OF LIABILITY IN THOUSANDS (000) TYPE OF INSURANCE POLICY NUMBER EXPIRATIOA DATE EACH OCCURRENCE AGGREGATE GENERAL LIABILITY BODILY INJURY ] COMPREHENSIVE FORM ] PREMISES--OPERATIONS PROPERTY DAMAGE ] EXPLOSION AND COLLAPSE HAZARD ] UNDERGROUND HAZARD ] PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND ] CONTRACTUAL INSURANCE PROPERTY DAMAGE ] BROAD FORM PROPERTY COMBINED DAMAGE ] INDEP. CONTRACTORS ] PERSONAL INJURY PERSONAL iNJURY AUTOMOBILE LIABILITY BODILY INJURY (EACH PERSON) [] COMPREHENSIVE FORM BODILY INJURY ] (EACH ACCIDENT) OWNED ] PROPERTY DAMAGE $ HIRED ] NON-OWNED BODILY INJURY AND PROPERTY DAMAGE COMBINED EXCESS LIABILITY ] UMBRELLA FORM ] OTHER THAN UMBRELLA FORM EX236009175 6-2-93 BODILY INJURY AND PROPERTY DAMAGE COMBINED $ 1,000 1,000 WORKERS' COMPENSATION and EMPLOYERS' LIABILITY OTHER STATUTORY (EACH ACCIDENT') DESCRIPTIONOFOPERATiONS/LOCATIONSIVEHICLES County of Chesterfield as Named as an Additional Coverage is for an annual fireworks display Insured Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will endeavor to mail [0 days written notice to the below named certificate holder, but failure to mail such notice shall im- pose no obligation or liability of any kind upon the company. 25 (1-79) NAME AND ADDRESS OF CERTIFICATE HOLDER / County of Chesterfield Chesterfield County Attorney P. O. Box 40 Chesterfield, Va. 23832 DATE ISSUED: 5-4-92 AUTHORIZED REPRESENTATIVE CHESTERFIELD COUNTY BOARD OF SUPERVISORS AG E NDA MEETING DATE: SUBJECT: May 27, 1992 ITEM NUMBER: 6.E.3. Correction to the Board Action Donating Funds to the Enon Athletic Association COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION At the April 8, 1992 Board of Supervisors meeting, the Board approved the donation of $3,000 to the Enon Athletic Association to assist underprivileged youth in the purchase of baseball uniforms and equipment. The donation, which had been requested by Mr. Jack McHale, Supervisor for the Bermuda District, was intended to be earmarked for use by the Enon Baseball Association, not the Enon Athletic Association, as it was incorrectly listed on the agenda item. RECOMMENDATION: Staff recommends that the Board affirm the $3,000 donation, but amend the name Of the organization to read the Enon Baseball Association. ATTACHMENTS: YES [] 0905:1066.1 NO · PREPARED BY;~--F-x~*~~. ~ Steven L. Micas County Attorney SIGNATURE: COONT~ ADMINISTRATOR O0 052 BOS-9891 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE : May 27, 1992 SUBJECT: State Road Acceptance ITEM NUMBER: 6.E.4. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Midlothian: Queenspark, Section I (continued on next page) ATTACHMENTS: YES Il NO [] Richard M? McElfish, P.E. Director Environmental Engineering SIGNATURE COUNTY ADMINISTRATOR 0 0 0 5 3 BOS-9891 TO: FROM: SUBJECT: MEETING DATE: Board of Supervisors Environmental Engineering State Road Acceptance - Queenspark, Section I May 27, 1992 Harrington Manor qUEENSPA~K IQUEEN~PARK O0 084 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE: Mav 27. 1992 ,~I, IB4ECT: Road Name Change ITEM NUMBER: 6,E. 5. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OFINFORMATION: The Board of Supervisors is requested to approve a road name change in the Sommerville Development. On August 25, 1987, the subdivision plat for Dedication of Otterdale Road and Justice Road north of Route 60, was recorded in the Circuit Court Record Room as Otterdale Road. The existing businesses on Otterdale Road, north of Route 60 cur- rently use N. Otterdale Road as their mailing address. County tax maps refer to the street name as N. Otterdale Road and the street signs refer to this section as N. Otterdale Road. DISTRICT: Midlothian REC~ATION: It is requested that the road name be changed to N. Otterdale Road by the Board of Supervisors. ATTACHMENTS: YES [] NO · Richard M~i McElfish, P.E. Director Environmental Engineering SIGNATURE COUNTY ADM I NI STRATOR 00 055 BOS-9891 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE: SUBJECT: May 27, 1992 ITEM NUMBER: 6.E.6. Blueprint Automation, Inc. and Erni Components, Inc. Request for Industrial Access Funding COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Board is requested to adopt the attached resolution asking the Virginia Department of Transportation (VDOT) to approve industrial access funds for the construction of a new access road off of Meadowville Road to serve Blueprint Automation, Inc. and Erni Components, Inc. BACKGROUND: Blueprint Automation, Inc. and Erni Components, Inc. intend to construct new manufacturing plants in the Rivers Bend Business center approximately one mile north of Meadowville Road (see Attachments 'A' and 'B'). Blueprint Automation will manufacture packaging equipment. They will have a capital investment of approximately $2,659,000 and will employ 75 people. Erni Components will manufacture electrical connectors. They will have a capital investment of approximately $2,723,000 and will employ 75 people. Blueprint Automation and Erni Components have asked the County to seek VDOT industrial access funds so that an access road can be constructed to their property. Under the VDOT Industrial Access program, the County can receive up to $300,000 each fiscal year in unmatched VDOT funds (10% of (Continued on next page) A95 ATTACHMENTS: YES ~ NO [] · . cCracke" Director of Transportation SIGNATURE: COUNTY ADMINISTRATOR O0 O56 Industrial Access Funding May 27, 1992 Page 2 the qualifying capital investment up to $3,000,000) for the construction of industrial access roads. The County may request up to $150,000 in supplemental funds (5% of the capital investment over $3,000,000) provided the funds are matched on a dollar-for-dollar basis from other than VDOT funds. Before VDOT will authorize the industrial access funds, the qualifying capital investment must be under construction or the County must provide VDOT a surety bond guaranteeing that the investment will occur within three years of the Commonwealth Transportation Board's allocation of the industrial access funds. VDOT funds can only. be used for engineering and access road construction. Right of way acquisition and utility adjustments must be financed from other than industrial access funds. The County usually requests the developers/companies to prepare construction plans, donate right-of-way, and provide surety bonds for new industrial access roads. The County usually pays the cost for utility adjustments and provides the matching funds. Either VDOT or the County will actually cOnstruct the road depending on the specifics of each request. The preliminary cost estimate for constructing the Blueprint Automation/Erni Components access road is $538,000. VDOT has determined that only $4,467,000 of the capital investment of Blueprint Automation and Erni Components will qualify for industrial access funding. Approximately $373,350 of VDOT industrial access funds can, therefore, be expected for the project if $73,350 in County matching funds are provided. A total of $446,700 would be available for the road construction. Staff recommends that the remaining $91,300 for the project be provided by the County as unmatched funds. An $80,000 construction contingency should also be established in case unforeseen construction problems occur. The developer is preparing the road construction plans and has indicated that he will dedicate the right of way necessary for the access road and provide the surety bond. Adjustments to existing utilities are not anticipated. The developer has also requested a waiver of the County's Utility Extension Inducement Program's ~performance bond requirement. Staff is preparing an analysis of the request and will present it to the Board for action within the next few months. O0 O$7 RECOMMENDATION: Staff recommends following actions: that the Board take the 1) Adopt the attached resolution requesting VDOT to approve industrial access funds for Blueprint Automation, Inc. and Erni Components, Inc. in the proposed Rivers Bend Business Center. The resolution also guarantees VDOT that the County will provide the necessary right of way, utility adjustments, and~surety. 2) Transfer $244,650 from the County's Industrial Access Road Account for the project ($73,350 for matching funds, $91,300 in unmatched funds, and $80,000 for construction contingencies). 3) Appropriate $373,350 in anticipated VDOT funds. Reimbursement of the $373,350 from VDOT is expected to occur in FY 1994-95 or as soon as expenses are incurred. 4) Authorize the County Administrator to enter into the necessary construction agreements/contracts and permits with VDOT, developer, and industries in order to have the access road constructed. 5) Authorize staff to advertise a road construction contract for the access road. Agenda 95 O0 058 PROPOSED ROAD OLD N ATTACHMENT A 00 059 VICINITY RIVERS BUSINESS HAP BEND CENTER SITE C 20 Acs. SITE D 15 Acs. EXIST. 1-295 DENOTES PROPOSED INDUSTRIAL ACCESS ROAD PROPOSED KINGSTON SITE E 40 Acs. SITE F 25 Acs. EXIST. HOGANS DRIVE / EXIST. //~' RIVER'S BEND BOULEVARD PROPOSED RIVER'S BEND BOULEVARD EXIST. MEADOWVlLLE RD. STATE ROUTE 618 ATTACHMENT B FUTURE O0 060 RIVERS BUSINESS ACCESS BEND CENTER ROAD CHESTERFIELD COUNTY: At a regular meeting of the Board of Supervisors, held at the Courthouse on May 27, 1992, at 3:00 p.m. WHEREAS, Blueprint Automation, Inc. has a contract to purchase property within the Rivers Bend Business Center; and WHEREAS, Blueprint Automation, Inc. plans to construct a new manufacturing plant on the property consisting of $2,659,000 in capital investment for land, building, and manufacturing equipment and employing 75 people; and WHEREAS, Erni Components, Inc. has a contract to purchase property within the Rivers Bend Business Center; and WHEREAS, Erni Components, Inc. plans to construct a new manufacturing plant on the property consisting of $2,723,000 in capital investment for land, building and manufacturing equipment and employing 75 people; and WHEREAS, the property on which the Blueprint Automation and Erni Components plants will be located has no access to a public street or highway and requires the construction of a new road connecting to Meadowville Road (Route 618); and WHEREAS, the construction of the Blueprint Automation and Erni Components plants is expected to occur within three (3) years of the Commonwealth Transportation Board's allocation of funds for the construction of an access road to their property; and WHEREAS, Chesterfield County hereby guarantees that the necessary right of way and utility adjustments for the new access road will be provided at no cost to the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby requests the Commonwealth Transportation Board to provide industrial access funding to construct an adequate road to these new manufacturing facilities. BE IT FURTHER RESOLVED, that the Chesterfield Board of Supervisors hereby agrees to provide a surety acceptable to VDOT, to guarantee sufficient qualifying capital investment will occur within three years of the Commonwealth Transportation Board's allocation of industrial access funds for the access road. O0 06i BE IT FURTHER RESOLVED, that the Chesterfield County Board of Supervisors hereby agrees that the new roadway so constructed will be added to and become a part of the Secondary System of Highways. Vote: Certified by: Theresa M. Pitts, Interim Clerk to the Board of Supervisors Res95 O0 06a CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE: May 27, 1992 ITEM NUMBER:, 6.E.7. SUBJECT: Zoning Ordinance Amendment Relative to Discarded Material COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Supervisor McHale requested that staff prepare the attached amendment to the County's Zoning Ordinance regulating the storage of discarded materials. Under the existing ordinance, up to 200 cubic feet of discarded material may be stored by right in all zoning districts and junk yards containing more than 200 cubic feet of material are permitted with restrictions in I-3 districts and by conditional use in A districts. Under the proposed 'amendment, the storage of any discarded materials outside of junk yards would be permitted only by conditional use in A districts. During the past year no enforcement action could be taken in response to' 54% of the zoning complaints received concerning discarded material because our investigators found less than 200 cubic feet of such material on the lot or parcel in question. Recommendation: If the Board wishes to consider reducing the amount of discarded material which can be accumulated by right under the County's Zoning Ordinance and eliminating any discarded materials in certain districts, staff recommends that the Board refer the attached amendment to the Planning Commission for its recommendation. PREPARED .Y;~ ~ a ~ ~ Thomas E. /"~OP Director of Planning ATTACHMENTS: YES · NO ~ 0800:1067.1 SIGNATURE:, COUNTY ADM I NI STRATOR O0 068 BOS-9891 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD , 1978, AS AMENDED, BY AMENDING AND R~.~.NACTING SECTIONS 21-3, 21.1-127 AND 21.1-281 R~LATING GENERALLY TO THE STORAGE OF DISCARDED MATERIAL BE IT ORDAINED by the Board of Supervisors of Chesterfield County': (1) That Chapter 21 of the Code of the County of Chesterfield, 1978, as amended, is amended and reenacted to read as follows: O O O Sec. 21-3. Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: O O O Discarded material, storage. The use of the open area of any lot or parcel of land, other than a properly zoned junk yard, for the depositing or storage of material including, but not limited to, scrap metals or other scrap material; used or scrap.. building, plumbing, electrical and heating material; discarded household appliances, furnishings and fixtures; dismantled or demolished motor vehicles or other machinery or parts thereof. The term "discarded material" shall not inclUde any of the things recited herein which are incidental and accessory to any agricultural or industrial use. 0705:1068.1 1 of 2 - 5/21/92 O0 064 (2)' That Chapter 21.1 of the Code of the County of Chesterfield, 1978, as amended, is amended and reenacted to read as follows: 0 0 0 Sec. 21.1-127, Conditional uses. The following uses may be allowed by conditional use, subject to the proyisions of section 21.1-9. 0'0 0 (g) Storage of discfirded material. (g h_) Any permitted or conditional use allowed in the C'5 or 1-3 districts other than halfway houses. 000 Sec, 21.1-281, Definitions, For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: OO O Discarded material, storage, The use of the open area of any lot or parcel of land, other than a properly zoned junk yard, for the depositing or storage of material including, but not limited to, scrap metals or other scrap material; used or scrap building, plumbing, electrical and heating material; discarded household appliances, fi~mishings and fixtures; dismantled or demolished motor vehicles or other machinery or parts thereof, The term "discarded material" shall not include any of the things recited herein which are incidental and accessory to any agricultural or industrial use. O0 0 0705:1068.1 - 2 of 2 - 5/21/92 O0 065 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE: May 27, 1992 ITEM NUMBER:, 6.E.8. SUB4ECT: Set a Public Hearin9 to Amend the Boundaries of the Enon Votin9 Precinct and Point of Rocks Votin~ Precinct COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: At its May 13 meeting, the Board of Supervisors divided Enon Voting Precinct in the Bermuda Magisterial District into two votin~ precincts--Enon and Point of Rocks--in order to make the votin9 precinct boundaries consistent with the boundary line between the 4th and 7th congressional districts. By making the boundaries consistent with the congressional district boundaries, the voter and administrative confusion that would result from havin~ two congressional elections conducted in the same voting precinct can be avoided. The Registrar has now been advised by the Virginia Division of Legislative Services that there are some minor inconsistencies between the congressional district boundary and the votin~ district boundary adopted by the Board on May 13. These changes involve adjustin~ the boundary line so that it follows Ashton Creek westerly all the way to its intersection with Interstate 95, rather than followin9 Ashton Creek to Woods Edge Road, then to I - 95; and fol lowin9 Walthall Drive continuously in a northerly direction to its intersection with the Seaboard Railroad tracks, rather thar~ncludin~ the area Steven L. Micas County Attorney ATTACHMENTS: YES · NO El 0800:1048.1 SIGNATURE: COUNTY ADMI NI~R O0 066 BOS-9891 AGENDA ITEM May 27, 1992 Page 2 bounded by Quarterpath Lane, Green Forest Drive and Spring Valley Road as part of the boundary. The effect of this change is to transfer 39 citizens from the new Point of Rocks voting precinct back into the Enon Voting Precinct. The existing magisterial district boundary lines will not be affected by this change. A public hearing and an ordinance amendment are necessary to make the change. If the Board adopts the ordinance, the change must be submitted to the Department of Justice for pre- clearance under the Voting Rights Act to determine any effect of the proposed change on minority voting rights. The Department of Justice will have 60 days to consider the change once it is submitted. Recommendation: Set a public hearing for June 24, 1992 to consider adopting the attached ordinance changing the boundary lines of Enon and Point of Rocks voting precincts. 0500:1048.1 O0 067 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CI-IF_STERFIELD , 1978, AS AMENDS, BY AMENDING AND REENACTING SECTION 7.1-2 R~I.ATING TO THE BOUNDARIES OF VOTING PRECINCTS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 7.1-2 of the Code of the County of Chesterfield, 1978, as amended, is amended and reenacted to read as follows: Section 7.1-2. Precinct boundaries and polling places. The following shall be the precinct boundaries and polling places for magisterial districts in the county: BERMUDA MAGISTERIAL DISTRICT 0 oo 103 ENON VOTING PRECINCT: Beginning at the point where the center line of Proctor's Creek intersects the boundary line between Henrico County and Chesterfield County; thence along said boundary line as it meanders southwardly with the James River to its intersection with the boundary line between Chesterfield County and Charles City County; thence along the boundary line between Chesterfield County and Charles City County, the City of Hopewell, and Prince George County to its intersection with U.S. Interstate 295; thence northwardly along the center line of U.S. Interstate 295 to its intersection with Enon Church Road (State Route 746); thence westwardly along the center line of Enon Church Road (State Route 746) to its intersection with the Seaboard Airline Railroad right-of-way; thence northwardly and westwardly along the center line of said right-of-way to its intersection with the Seaboard Coast Line Railroad right-of-way; thence westwardly along the center line of this right-of-way to its intersection with Ramblewood Drive (State Route 617); thence southeastwardly along the center line of Ramblewood Drive (State Route 617) to its intersection with Rebel Ridge Road (State Route 1093); thence westwardly along the center line of Rebel Ridge Road (State Route 1093) to its intersection with Walthall Drive (State Route 1090); tk. cncc 0500:4093 1 O0 068 southeastwardly along the center line of Walthall Drive (State Route 1090) to its intersection with Ruffin Mill Road (State Route 746); thence southwestwardly along the center line of Ruffin Mill Road (State Route 746) to its intersection with Ashton Creek; thence along the center line of Ashton Creek as it meanders westwardly to its ...................... *-~ ...... \~, ....... ~ .... / ........... ,~, .......... U.S. Interstate 95 (Richmond-Petersburg Turnpike); thence northwardly along the center line of U.S. Interstate 95 (Richmond-Petersburg TurnPike) to its intersection with Proctor's Creek; thence eastwardly along the center line of Proctor's Creek to its intersection with the boundary line between Henrico County and Chesterfield County, the point and place of beginning. The voting place for Enon Voting Precinct shall be Enon Fire Department, 1920 E. Hundred Road. 0500:409 3 2 O0 069 109 POINT OF ROCKS VOTING PRECINCT: Beginning at the point where the center line of U.S. Interstate 295 intersects with the boundary line between Chesterfield County and Prince George County; thence northwardly along the center line of U.S. Interstate 295 to its intersection with Enon Church Road (State Route 746); thence southwestwardly along the center line of Enon Church Road (State Route 746) to its intersection with the Seaboard Air Line Railroad right-of-way; thence northwardly and westwardly along said right-of-way to its intersection with the Seaboard Coast Line Railroad right-of-way; thence westwardly along this right-of-way to its intersection with Ramblewood Drive (State Route 617); thence southeastwardly along the center line of Ramblewood Drive (State Route 617) to its intersection with Rebel Ridge Road (State Route 1093); thence westwardly along the center line of Rebel Ridge Road (State Route 1093) to its intersection with Walthall Drive (State Route 1090); '~- ........ '~- .... a,.. "~-~ *~' .... '~- ~':c~ of ~,...,,r"~"- ~,--~,,te*"** ..,,..~,,n~"'^ *,,-~,,~.~nnm' thence southeastwardly along the center line of Walthall Drive (State Route 1090) to its intersection with Ruffin Mill Road (State Route 746); thence southwestwardly along the center line of Ruffin Mill Road (State Route 746) to its intersection with Ashton Creek; thence along the center line of Ashton Creek as it meanders eastwardly to its intersection with .r_.~. · ~,,, .,,:+" ,~,,~.:"+ ..... ~,.~,,.,.+: .... ,.,.:*k U.S. Interstate 95 (Richmond-Petersburg Turnpike); thence southwardly along the center line of U.S. Interstate 95 (Richmond-Petersburg Turnpike) to its intersection with Swift Creek, which acts as the boundary line between Chesterfield County and the City of Colonial Heights; thence along said boundary as it meanders eastwardly to its intersection with the boundary between Chesterfield County and Prince George County; thence along this boundary to its intersection with U.S. Interstate 295, the point and place of beghming. The voting place for Point of Rocks Voting Precinct shall be the Maintenance Building at Point of Rocks Park, 201 Point of Rocks Road. (Cr. 1992) 0500:4093 3 00 070 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGE NDA MEET lNG DATE: SUBJECT: May 27, 1992 ITEM NUMBER: 6.E.9. APPROVAL OF A ONE-YEAR RENEWAL OF THE JAIL HEALTH SERVICES AGREEMENT COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: On May 8, 1991, the Board awarded a contract to Dr. Robert W. Fry for the provision of medical and dental services to prisoners incarcerated in the Jail during FY92. The contract was for an initial term of one year, with renewal options for two additional one-year terms subject to an escalator clause based on jail usage and the Consumer Price Index for medical care ("CPI"). As a result of increases in the CPI, the contract amount during the second year of the contract will increase from $200,000.00 to $217,200.00, and the usage component of the renewal rate for'the third year of the contract, assuming it is renewed again next year, will increase from $615.00 to $668.00 for each inmate by which average daily inmate population ("ADP") exceeds 350. ADP during calendar year 1991 was 315 prisoners. In addition, the Agreement must be amended to delete the requirement that the Sheriff and the County be named as additional insureds on Dr. Fry's medical malpractice insurance policy. Although Dr. Fry is covered by ATTACHMENTS: YES · NO ;'1 (Continued) PREPARED BY~ Steven L. Micas County Attorney 0703:1022.1 SIGNATURE COUNTY ADM I N I STRATOR 00 07 BOS-9891 AGENDA ITEM May 27, 1992 Page Two malpractice insurance, no issuer of malpractice insurance will name third parties, such as the Sheriff and the County, as additional insureds. RECO~4~-DATION: Staff recommends that the Jail Health Services Agreement with Dr. Fry be renewed for another one-year term subject to the amendments set forth above concerning compensation and insurance. BUDGET AND Y~%/~AG~T CO~ENTS: The FY93 adopted budget includes funding for the contract period July 1, 1992 through June 30, 1993. ~r~es ~/ -~. S~egm~ier, Director Budget and Management 0703:1022.1 0O 072 FIRST RF_aNEWAL AGREEMENT THIS AGREEMENT is made as of this 30th day of June, 1992, between the Sheriff of Chesterfield County, Virginia (hereinafter referred to as the "Sheriff"), and Robert W. Fry, M.D., (hereinafter referred to as "Dr. Fry"). WHEREAS, the Sheriff and Dr. Fry entered into a Jail Health Services Agreement dated June 30, 1991 (the "Base Agreement") pursuant to which Dr. Fry agreed to provide all reasonably necessary medical care to individuals under the custody and control of the Sheriff at the Chesterfield County Jail for the period from July 1, 1991, through June 30, 1992; and WHEREAS, the Base Agreement granted the Sheriff an option to renew such Agreement for the period from July 1, 1992, through June 30, 1993, subject to a compensation escalator based on the Consumer Price Index medical care component for the Washington, D.C., Maryland and Virginia region; and WHEREAS, the Sheriff now desires to exercise such option subject to the following terms and conditions. NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) cash in hand paid, the mutual agreements contained in the Base Agreement and this First Renewal Agreement and other good and valuable consideration, the parties agree as follows: 1. Section 9.1 of the Base Agreement is hereby amended to read as follows: 9.1 Base Compensation . The Sheriff will pay to Dr. Fry the annual (base price) sum of $217,200.00 for the second year of this Agreement, payable in twelve monthly installments 'of $18,100.00. Dr. Fry will bill the Sheriff on the fifteenth day of each month immediately preceding the month for which services will be rendered. The Sheriff 00 073 agrees to pay Dr. Fry on or about the first day of the month for which services will be rendered. In the event this Agreement should commence or terminate on a date other than the first or last day of any calendar month, compensation to Dr. Fry will be pro-rated accordingly for the shortened month. Section 9.3 of the Base Agreement is hereby amended to read as follows: 9.3 Increase in Inmate Population. The parties agree that the annual base price is calculated upon an average daily inmate population of from 300 to 350 inmates, excluding "weekenders". If the daily inmate resident population average for the preceding calendar year exceeds 350 inmates, then the annual compensation payable to Dr. Fry by the Sheriff in the next succeeding renewal term shall be increased by $668.00 for each inmate over 350. If the daily inmate resident population average for the preceding calendar year is less than 300 inmates, then the annual compensation payable to Dr. Fry by the Sheriff in the next succeeding renewal term shall be decreased by $668.00 for each inmate under 300. The average daily inmate resident population shall be calculated by adding the daily inmate population contained in the Chief Jailer's daily status reports for the calendar year and dividing such sum by 365 days. Section 10.1 of the Base Agreement is hereby amended to read as follows: 10.1 Insurance. At all times during this Agreement, a professional liability or medical malpractice insurance policy, as the case may be, shall be in full force and effect covering Dr. Fry and each of his agents, employees and subcontractors in the minimum amount of at least one million dollars per occurrence and two million dollars aggregate. Prior to the commencement of this Agreement and on January 1 of each succeeding year, Dr. Fry shah provide to the Sheriff and the Chesterfield County Risk Manager certificates of insurance indicating that insurance policies with coverage of at least the minimum amounts described in this Agreement are in full force and effect. Such certificates shall require the insurers to provide the County's Risk Manager and the Sheriff with thirty (30) days 0703:1031.1 00 07 i advance written notice in the event of any change, non- renewal or cancellation of any such insurance, and Dr. Fry shah also promptly notify the County's Risk Manager and the Sheriff, in writing, of any change in coverage, reduction in policy amounts, non-renewal or cancellation of insurance coverage. 'Notwithstanding any provision herein tO the contrary, the Sheriff shall be entitled to immediately terminate this Agreement (effective thirty (30) days after receipt of notice or earlier by mutual agreement) without liability inthe event that any insurance coverage is either changed, cancelled or is insufficient in the sole opinion of the County's Risk Manager or the Sheriff. Dr. Fry agrees that, in the event that this Agreement is terminated for any reason, Dr. Fry will be responsible for claims made against Dr. Fry or his agents, employees or subcontractors and/or the Sheriff or the County arising out of the delivery of medical services rendered by Dr. Fry or his agents, employees or subcontractors during the time that this Agreement was in effect, even though such claims may be f~ed after the termination date of this Agreement. 4. The Sheriff hereby exercises his option to renew the Base Agreement, as hereby amended, for an additional term of one year, commenCing on July 1, 1992, at 12:01 a.m. (B.D.T.). 5. The Sheriff and Dr. Fry agree that except to the extent modified by this First Renewal Agreementl the provisions of the Base Agreement are continued in full force and effect. Clarence G. Williams, Jr. Sheriff Attest: Date: 0703:1031.1 3 - 00 075 Approved as to form: Assistant County AttorneY Robert W. Fry, M.D. Attest: Date: 0703:1031.1 00 076 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE: May 27, 1992 ITEM NUMBER: 6.E.10. $1,JB4ECT: Authorization for County Administrator to Sign Subordination Agreement for Installment Connection Fee Contract for Grady C. Pridgen and Shirley C. Pridgen COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In May, 1991, Grady C. Pridgen and Shirley C. Pridgen of 11751 Rexmoor Drive in Clover Hill Magisterial District applied to the County for connection to the County's sewer system. Pursuant to long-standing County policy, the Pridgens were permitted to pay the $3,600 connection fee in monthly installments. They executed an installment contract with the County requiring them to make monthly payments of $116.16 for three years. The installment contract was recorded as a lien against the Pridgens' home. At the time that it was recorded, the lien was a second lien against the property, second in priority to the Pridgen's home mortgage. The Pridgens are now refinancing their home by paying off the first mortgage and recording a new first mortgage. However, since the installment connection fee contract has already been recorded as a lien, the new mortgage cannot be a first mortgage unless the County agrees to subordinate the installment connection fee contract to the new mortgage. The bank will not approve the refinancing unless the County agrees to subordinate the installment contract to the new first mortgage. ~ PREPARED BY; Steven L. Micas County Attorney ATTACHMENTS: YES [] NO · 0500:1033.1 SIGNATURE: COUNTY ADMI NISTRATOR O0 07' BOS-9891 AGENDA ITEM May 27, 1992 Page 2 The Pridgens have made all of the installment payments due to the County so far under the connection fee contract, leaving a current balance due to the County of approximately $2,800. The final payment is due on June 1, 1994. If the Board approves the subordination agreement, the County will continue to have the same security for payment of the connection fee that it had at the time the installment contract was first entered into and recorded as a lien. Recommendation: Authorize the County Administrator to execute an agreement subordinating the County's installment payment contract to the Pridgens' new first mortgage. 0500:1033.1 O0 O78 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE: May 27, 1992 ITEM NUMBER: 6.E.11. SUBJECT: Conveyance of a Slope and Drainage Easement to Virginia Department of Transportation COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION In order to construct and maintain cut and fill slopes, together with the necessary drainage improvements on County property acquired for proposed Alberta F. Smith Elementary School, along Bailey Bridge Road and proposed Deer Run Drive, a slope and drainage easement is needed by VDOT. This easement is needed in conjunction with proposed Deer Run Section 7. School Board personnel has reviewed this request, and has no objections to the request. RECOMMENDATION Staff recommends that the Board authorize the Chairman of the Board and County Administrator to execute the temporary construction easement to Virginia Department of Transportation. DISTRICT: Matoaca ATTACHMENTS: YES I NO [] BY' ' ~ssistant Director of Utilities SIGNATURE: COUNTY ADMINISTRATOR 00 07 f \ ~INITY SKETCH CONVEYANCE OF A SLOPE AND DRAINAGE EASEMENT TO VIRGINIA DEPARTMENT OF TRANSPORTATION HARBOUR ' .S~NG CT Swift Clover Hill ~-~, MOCKINGBIRD\\ ; HILL ~-~-~- CROWN FAR] GLEN NEGA 00 080 Oo o8~ CHESTI='RFI ELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE: May 27, 1992 ITEM NUMBER' 6.E.12. SUBJECT: Approval of Contract for Texaco Station (13400 Midlothian Turnpike) - Wastewater Extension, Contract Number 90-0412 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Staff requests that the Board of Supervisors approve the contract for 90-0412, Texaco Station (13400 Midlothian Turnpike) - Wastewater Extension. BACKGROUND: This project includes the extension of 400 L.F.± of 8" wastewater lines where 240 L.F.± of the total 8" wastewater extension is considered off-site improvements subject to refunds under the latest County ordinance. Staff is recommending approval of the refund. ATTACHMENTS: YES · NO [] PREPARED BY; / F: (,.E' Be~. ,~~r. A~S'lS~-aTrt- Di rector of Utilities SIGNATURE: ~ COUNTY ADMINISTRATOR 00 082/ Agenda Item May 27, 1992 Page 2 Developer: Contractor: Star Enterprise M. E. Wilkins, Inc. Contract Amount: Estimated Total - Total Estimated County Cost: Wastewater (Offsite) - (Refund thru connections) Estimated Developer Cost: Code: (Offsite) $48,150.85 $ 1,465.20 $46,685.65 5N-572V0-E4D RECOMMENDATION: Staff recommends that the Board of Supervisors approve this contract and authorize the County Administrator to execute any necessary documents. DISTRICT: Midlothian O0 088 COUNTY PROJECT # 90-0412 z-SITE TEXACO - SEWER EXTENSION O0 084 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE: May 27, 1992 ITEM NUMBER: 6.E.13. SUBJECT: Request to Quitclaim Portions of 16' Water Easements Across Property Owned by Johnston-Willis Limited, A Virginia Corporation COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION Johnston-Willis Limited, A Virginia Corporation has requested the quitclaim of portions of 16' water easements across their property at Johnston-Willis Hospital. These easements are no longer needed, due to the dedication of new easements. This request has been reviewed by staff and approval is recommended. RECOg~ENDATIO~: Staff recommends that the Board authorize the Chairman of the Board and. County Administrator to execute a quitclaim deed to vacate portions of 16' water easements across property owned by Johnston-Willis Limited, A Virginia Corporation. DISTRICT: Midlothian ATTACHMENTS: YES · NO Ii! PREPARED BY;,~~~~~'- J%~dward Beck, Jr. Assistant Director of Utilities SIGNATURE: COUNTY ADMINISTRATOR 00 BOS-9891 VICINITY SKETCH s?qu~s~ ~o q~?c,~ ros?~oss o~ ~' ~^?su ~As~ssTs ~cuoss PROPER2 OWNED BY JOHNSTON-~ILLIS '.M/TED Villa, ~tr PLAC~ RI~WT R~ ROBIOUS GUENOT - uad LLAGE hesterfield \ 'l:)wncenter 'i j/ iguenot TV Towers' ,_~' ~ ~ COMMOI~ u G ~1 ~';STOi. HYLTON PARK :TERRA( MOUNT NEBO SUBURBAN MOBILE HOME VILLAGE ~' '1' ]OOREFb.,. IND e'B; PARK KNIGHTSBRID~- N O0 O86 ddi~'~on .~ ,.5 -tvr'y I 54'Dry Iq~g 50URC£ Ot~ TITLE; I_TO.~ D814~1, P..107 DATED 5-Z4-80 ~ COUN?V PA£~- NO. OI7-oG-ol OncdogY .JOYlIY_STO/'I- ~"/L LI.? /-/05? TA L_ ?k/ap ~,l')o v//n g I//o f e: ,4do~ b ~o ~F~ en ~.~ Yo be G~ F~b. lqqZ ,.Scale: I"=I00' ~'vil £ng in~rs "/ Survcyor~ O0 087 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA L. MEETiNGDATE:May 27, 1992 ITEM NUMBER: 6.E.14.a. ,~BJECT: Acceptance of a Parcel of Land along Coalfield Road from Mary B. Eades COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Staff requests the Board of Supervisors to accept the conveyance of a parcel of land, containing 0.108 acre, along Coalfield Road from Mary B. Eades, and to authorize the County Administrator to execute the necessary deed. BACKGROUND: It is the policy of the County to acquire right of way whenever possible through development to meet the ultimate road width as shown. on the County Thoroughfare Plan. The dedication of this parcel conforms to that plan· and will decrease the right of way costs for road improvements when constructed. Staff recommends that the Board of Supervisors accept the conveyance of this parcel and authorize the County Administrator to execute the necessary deed. DISTRICT: Midlothian ATTACHMENTS: YES · NO r'l k - PREPARED BY: · Jr. Assistant Director of Utilities SIGNATURE: COUNTY Al)MI NISTRATOR 00 ACCEPTANCE Oj~..,A PARCEL OF LAND ALONG C~LFIELD ROAD FROM 1VIARY B. F~DES C~- CT ~ = DAN H U RST , WOODS ~a~.~.~ ~ ~. BUC ~ ~ ~ SEATO ,. ~.~ ~., .. .~' ~ ~ CARRIAGE HILL// /II , ' O0 O89 PARCEL SHOWN HEI;~'~N JE, NOT WITHIN A SPECIAL FLOOD HAZ,~=~ AREA AS DESIGNATED BY THE FLOOD INSU,.~ANCE RATE MAP COMMUNITY-PANEL NUMBER ~1OO~..~ OO'2'Z EFFECTIVE DATE :~- lC - ,.qO' ,~ T,~It~ 7-0 t O0 09O CHESTERFIELD COUNTY BOARO OF SUPERVISORS AGENDA MEETING DATE: SUBJECT: May 27, 1992 ITEM NUMBER: 6.E.14.b. Acceptance of a Parcel of Land for Polo Place from Bellgrade Development Company, L.P. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION Staff requests the Board of Supervisors to accept the conveyance of a parcel of land, containing 0.748 acre, for Polo Place from Bellgrade Development Company, L.P., and to authorize the County Administrator to execute the necessary deed. BACKGROUND: Polo Place is intended to be part of the over-all road layout for the Bellgrade development and dedication of the right of way conforms to the approved tentative plan. RECOMMENDATION: Staff recommends that the Board of Supervisors accept the conveyance of this parcel and authorize the County Administrator to execute the necessary deed. DISTRICT: Midlothian ATTACHMENTS: YES I NO I'1 PREPARED B<~.* O J. Edward Beck, Jr. Assistant Director of Utilities SIGNATURE: NISTRATOR O0 09 VICINITY ~K~l'~;n ACCEPTANCE OF A PA~,CEL OF LAND INTERSECTING P~LO PARKWAY FROM BELL(' .kDE DEYELOPMENT COMPANY~ .P. . Robio Robious Athletic Complex = · ::~;iRO ous QUEENS COUNTRY PLACE RD ~ONT RD ROBIOUS O0 092 O0 09~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AG E NDA MEET lNG DATE: sUBJECT: May 27, 1992 ITEM NUMBER; Refer Attached Ordinance Relating to Variances to the Planning Commission COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: When the new zoning ordinance was adopted, the ordinance provided that any property zoned for office, business or industrial uses which could not develop under the old development standards would have to be rezoned to a new classification. Under this provision, any office, business or industrial property which required a variance from a development standard under the old zoning ordinance had to be rezoned to the new zoning ordinance before a variance could be sought from the Board of Zoning Appeals. Supervisor Colbert has requested that the attached ordinance which would permit variances to be granted for property' zoned under the old ordinance without the need to also rezone the property be referred to the Planning Cou=nission for its recommendation. ATTACHMENTS: YES [] 0403:1119.1 NO [] PREPARED BY; i Steven L. Micas County Attorney SIGNATURE: COUNTY ADM I NI STRATOR AN ORDINANCE TO AMEND THE ORDINANCE ADOI:rrED APRIL 12, 1989 ENACTING CHAPTER 21.1 AND AM~NDING CHAPTER 21 OF THE CODE OF THE COUNTY OF CI-IES~D , 1978, AS AMRNDED, BY AMI~NDING AND RI~.F. NACTING SECTION I(D) OF SUCH ORDINANCE I~T-ATING TO VARIANCES FROM THE DEVELOPMI:~NT REGULATIONS APPLICABLE TO PROPERTY ZONED O, B OR M BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That the ordinance adopted April 12, 1989 enacting Chapter 21.1 and amending Chapter 21 of the Code of the County of Chesterfield, 1978, as amended, is amended and reenacted to read as follows: (1) That the Code of the County of Chesterfield, 1978, as amended, is amended and reenacted as follows: 0 0 0 D. All property zoned O, B or M on the effective date of this ordinance, or after such date if a rezoning application was fried with the County prior to the effective date of this ordinance, may be developed in accordance with Chapter 21, including reasonable deviations from such regulations authorized by the Board of Zoning Appeals pursuant to Article II of Chapter 21. O O O (2) That this ordinance shall be effective on the date of its adoption by the Board of Supervisors. 0703:1120.1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA REPORTS MEETING DATE: May, 27, 1992 REPORT ON: Developer Water and Sewer Contracts BACKGROUND: The Board of Supervisors has authorized the County Administrator to execute water and/or sewer contracts between the County and the Developer in which no County funds are involved. The report is submitted to the Board members so they will be aware of development utilizing public water and/or sewer within their districts. SUMMARY OF INFORMATION: The following water and sewer contracts were executed by the County Administrator: Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 89-0849 Pocoshock Ridge Apartments Phase III Revised V. Cassel and Pearl R. Adamson, Jr. Richard L. Crowder Construction Co. Water - $6,306.90 Dale ATTACHMENTS: YES I-I PREPARED BY: NO · ~. E. Beck, Jr. Assistant Director of Utilities SIGNATURE: COUNTY ADM I NI STRATOR 00 105 Agenda Item May 27, 1992 Page 2 Contract Number: Project Name: Developer: Contractor: Contract Amount: District: Contract Number: Project Name: Developer: Contractor: Contract Amount: District: Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 90-0301 Poplar Creek, Section C G.B.S. Holding, Ltd. Coastline Contractors, Inc. Water - $14,000.00 Sewer - $20,567.50 Clover Hill 92-0028 Eaglewood, Section 2 The Ashmont Company J. Steven Chafin, Inc. Water - $ 4,664.50 Sewer - $ 8,174.94 Midlothian 92-0057 Poplar Creek, Section D G.B.S. Holding, Ltd. Coastline Contractors, Inc. Water - $16,812.50 Sewer - $28,039.50 Clover Hill O0 106 CHESTERFI ELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE: May 27, 1992 REPORT ON: Status of General Fund Balance, Reserve for Future Capital Projects, District Road and Street Light Funds, Lease Purchases, and School Board Agenda ATTACHMENI:S: YES m NO [] SIGNATURE: .... COUNTY ADMINISTRATOR 00 107 Board Meeting Date 07/01/91 08/28/91 10/23/91 05/13/92 CHESTERFIELD COUNTY GENERAL FUND BALANCE May 21, 1992 Description FY92 Beginning Fund Balance Loan to Midlothian Vol- unteer Fire Dept. for building addition Appropriated funds for temporary position in Planning Dept. for Riverfront Plan research contingent upon $150,000 to $250,000 match from private sector Continuance of the Regional Taxicab Service program through FY93 Amount ( 45,000) (50,000) ( 14,800) Balance $15,426,215 15,381,215 15,331,215 15,316,415 gfbal O0 108 Page 1 of 2 CHESTERFIELD COUNTY RESERVE FOR FUTURE CAPITAL PROJECTS TRADITIONArJ~ FUNDED BY DEBT May 21, 1992 Board Meeting Date Description Amount $2,119,900 1,881,500 FY89 Excess revenue FY90 Budgeted addition Designation from June 30, 1989 Fund Balance 11/22/89 Purchase of land-Cogbill Road 12/13/89 Purchase building at 6701 West Krause Road 06/30/90 Budgeted addition of excess revenue 06/13/90 Purchase medical building for future library site 06/27/90 Funds to purchase land for park on Lake Chesdin 06/27/90 Budgeted but not appropriated funds to purchase land for school and park sites FOR FISCAL YEAR '91 BEGINNING JULY 1, 1990 12/12/90 Fill dirt for cover repair at Fort Darling Landfill 06/30/91 Budgeted addition from FY91 revenues 03/13/91 Designated but not appropriated funds to cover construction contract for MH/MR/SA building if bonds are not sold in fall, 1991 FOR FISCAL YEAR '92 BEGINNING JULy 1, 1991 07/01/91 Regional Jail Authority as approved in the FY92 Adopted Budget (which will be reim- bursed) 1,500,000 ( 630,000) ( 400,000) 2,100,000 (735,000) ( 600,000) (2,000,000) Balance $2,119,900 4,001,400 5,501,400 4,871,400 4,471,400 6,571,400 5,836,400 5,236,400 3,236,400 ( 180,000) 3,056,400 4,000,000 (1,806,800) (1,000,000) 7,056,400 5,249,600 4,249,600 00 109 Page 2 of 2 08/28/91 Provide funding for improve- ments at Northern Area Landfill to allow reallocation of General Fund dollars to recycling programs 08/28/91 Additional funding for Bon Air Library expansion 08/28/91 Add back MH/MR building funds which were previously deducted for construction 11/27/91 Appropriated funds for T.V. arraignment equipment but holding in reserve account until prices and all costs are confirmed 03/27/92 Add back funds previously deducted to purchase land for school and park sites 03/27/92 Funds designated for interest costs in FY94 due to acceler- ated 1988 school bond issue 04/08/92 Designated but not appropriated funds for Centre Pointe Fire Station construction in FY95 FOR FISCAL YEAR '93 BEGINNING JULY 1, 1992 04/08/92 FY93 budgeted addition 04/08/92 FY93 Capital Projects (revenue sharing roads $500,000; indus- trial access $300,000; drainage $200,000) 04/08/92 Funds to convert Meadowdale Boulevard building into Hopkins Road Library 04/08/92 05/13/92 Funds to construct lights along portions of Jefferson Davis Hwy ( Funding for emergency access for Millside subdivision contingent upon necessary right-of-way acquisition rfcip ( 315,000) 3,934,600 ( 275,500) 3,659,100 1,806,800 (115,000) 2,000,000 (1,400,000) (2,314,800) 2,600,000 (1,000,000) (1,386,500) 500,000) ( 80,000) 5,465,900 5,350,900 7,350,900 5,950,900 3,636,100 6,236,100 5,236,100 3,849,600 3,349,600 3,269,600 00 !10 Z 13. Z 0 0 Z Z Z Z O0 !11 Prepared by Accounting Department April 30, 1992 SCHEDULE OF CAPITALIZED LEASE PURCHASES Date Lease Purchase ~egan Description Original Date Lease Lease Purchase Purchase Amount Ends Outstanding Balance 4/30/92 12/83 7/87 10/87 6/88 APPROVKDAND Copiers School Telecommunications Equipment Jail Addition Data Processing Human Services Courts Building 800 MHz Equip. - Rescue Squads 800 MHz Equip. Sheriff Fire Pumpers Fire Station Apparatus and Furnishings A T & T Phone Equip. Filing System- Treasurer (Unallocated) $ 30,500 8/92 239,046 245,385 1,839,219 4,489,377 ...16,796.019 23,370,000 85,000 140,000 264,000 1,428,000 946,400 40,000 83,600 2,987,000 7/92 12/O1 6/93 3,559 14,309 191,836 1,437,848 3,509,668 13,130,648 18,270,000 28,408 46,572 88,015 248,640 305,486 9,014 0 726,135 0O 112 Date Lease Purchase Began lO/88 ~2/88 3/89 8/89 12/89 lo/9o Descriptions School Copier Airport State Police Hangar Additions and County Warehouse Geographic Information System ("GIS") Automated Mapping System Data Processing Equipment Data Processing Equipment Mental Health, Mental Retardation and Substance Abuse Computer Equipment TOTAL APPROVED AND EXECUTED Original Lease Purchase Amount $ 21,600 128,800 331,200 460,000 3,095,000 183,430 2,015,570 96,500 $32,498,646 Date Lease Purchase Ends 9/93 12/00 1/98 8/92 1/95 7/93 Outstanding Balance ~/30/92 $ 8,043 106,349 273,470 379,819 2,650,000 16,947 991,827 50,161 $23,110,800 PENDING APPROVAL AND/OR EXECUTION None c:caplease.doc O0 ].18 CHESTERFIELD COUNTY PUBLIC SCHOOL CHESTERFIELD, VIRGINIA May 26, 1992 School AdministratiOnBuilding The Public Meeting Room 9901Lori Road Chesterfield, Virginia 23832 SCHOOL BOARD MEMBERS Jean P. Copeland-Chairman, Matoaca Timothy Carter Brown-Vice-Chairman, Midlothian John A. Cardea, M.D., Clover Hill Elizabeth B. Davis, Dale Marshall W. Trammell, Jr., Bermuda 5:00 p.m. 7:30 p.m. Thomas R. Fulghum, Superintendent AGENDA 5:00 -7:00 P.H. RETIREMENT RECEPTION FOR EHPLOYEES SCHOOL ADMINISTRATION BUILDING 7:30 P.M. REGULAR SCHOOL BOARD HEETING THE PUBLIC HEETING ROOH Ae Call to Order, Roll Call, Flag Salute - Mrs. Copeland, presiding Acceptance of Minutes May 12, 1992 (Regular Meeting) C. Agenda Approval De Awards and Recognitions #131 Naming of Midlothian High School Stadium #132 RecognitiOn of Virginia School Principals' Week Superintendent's Report #125 Capital Projects Status Report #126 April 1992 Enrollment Update #127 Annual Employee and Applicant Reports O0 !14 F. Action Items 1. Consent Agenda Human Resources #112 Biannual Affirmative Action Report and Plan ..Instruction #111 Foreign Language Instructional Media Adoptions #128 Home Instruction #133 Family Life Education Revisions #129 Vocational Advtsory Committee Appointments Operations and Finance #130 School Grant Revisions #118 School Bus Stops: Setting, Maintaining and Community Involvement G. Non-Agenda Items Discussion Agenda. (No public testimony will be accepted on discussion agenda items.) I. Announcements, Communications, School Board Comments Oe Executive SessiOn (personnel, legal, land/property acquisition, discipline) K. Adjournment General Information The Chesterfield School Board meets on the second and fourth Tuesday of each month with the exception of July when it meets on the second Tuesday, August when it meets on the Fourth Tuesday, November when it meets on the second Tuesday, and December when it meets on the second Tuesday. The first meeting of each month begins at 5:00 p.m.; the second meeting of the month starts at 7:30 p.m. All meetings are open to the public and are held in the Public Meeting Room, 990! Lori Road, Chesterfield, Virginia. If the place or time is changed, the public will be notified. Following is the procedure by which the public may speak before the school Board at any of the above meetings: Persons wishing to be heard on action items must notify the Superintendent's office by 2:00 p.m. on the day of the meeting. 2 O0 Persons who have requested to offer public testimony will be heard when each item Is considered. Persons to be heard on non-agenda items will be heard during the specified section of the meeting. It is requested that an individual conduct his/her presentation in three minutes; representatives of a group may speak for five minutes. Public delegations. Public delegations or their representatives are required to submit in writing their request for hearing and their proposals to the Superintendent at least five days prior to the meeting at which they wish to be heard. O0 .11G CHESTERFI ELD COUNTY BOARD OF SUPERVISORS AGENDA REPORTS MEETING DATE; May 27, 1992 REPORT ON: Roads Accepted into the State Secondary System ATTACHMENTS: YES I NO [] SIGNATURE: COUNTY ADMINISTRATOR 00 RAY D. PETHTEL COMMISSIONER COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND, 23219 May 6, 1992 Secondary System Abandonment Chesterfield County Board of Supervisors County of Chesterfield P. O. Box 40 Chesterfield, VA 23832 MEMBERS OF THE BOARD: As requested in your resolution dated November 27, 1991, the following abandonment from the Secondary System of Chesterfield County is hereby approved, effective April 24, 1992. ABANDONMENT LENGTH Route 687 (Statview Lane) - From 0.29 mile North Route 644 to 0.44 mile North Route 644 0.15 Mi ~.S incere ly, Ray D. Pethtel Com~i s s ione r TRANSPORTATION FOR THE 21 ST CENTURY 0 0 l ! 8 CHESTERFI ELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE: May 27, 1992 EXECUTIVE SESSION ITEM NUMBER: 10. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION Executive Session, pursuant to § 2.1-344(a) (7), Code of Virginia, 1950, as amended, for consultation with legal counsel regarding probable litigation involving Warren Birdsong. ATTACHMENTS: YES I 0800:960.1 NO F1 SIGNATURE: PREPARED BY: ~ . (~~ Steven L. Micas County Attorney COUNTY ADM I NI STRATOR O0:119 f BOS-9891 MOTION: SECOND: DATE: CERTIFICATION OF EXECUTIVE SESSION HELD IN CONFORMANCE WITH LAW WHEREAS, the Board of Supervisors has this day adjourned into Executive 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 Executive Session was conducted in conformity with law. NOW, THEREFORE, BE IT RESOLVED that the Board of County 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 the Executive Session to which this certification 'applies, and ii) only such public business matters as were identified in the Motion by which the Executive Session was convened were heard, discussed or considered by the Board. No member dissents from this certifi- cation. Vote: (by ro].l call) The Board being polled, the vote was as follows: AYES: NAYS: ABSENT DURING VOTE: ABSENT DURING MEETING: **CERTIFIED** CLERK TO THE BOARD 00 [20 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGE NDA MEETING DATE: May 27, 1992 ITEM NUMBER; 15. ~UBJECT: Conduct a Public Hearing for the Appropriation of Proceeds from Series 1992 A Water and Sewer Refunding Bonds and Approval of Sale to Authorize the Transaction. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION On February 12, 1992 the Board of Supervisors authorized staff to make application to the State Council on Debt to undertake the refunding of $41,342,512 of 1988 Water and Sewer Revenue Bonds. The State Council on Debt approved the transaction contingent on the County achieving a 4% net present value savings on the sale within six months of their approval date. On May 20,1992 the County Administrator approved the sale of $41,342,512 of Water and Sewer Refunding Bonds, Series 1992A, which were bid by Davenport at a true interest cost of 6.2306%. This refunding transaction will save the Utility Department $150,000 annually in debt service costs and results in a net present value ATTACHMENTS: YES · NO D Bradford S. Hammer Deputy County Administrator for Management Services SIGNATURE: COUNTY ADM I NI STRATOR O0 12 i BOS-9891 May 2?, 1992 Page 2 savings of $1,582,760 or 5.743% over the term of the bonds. To complete the transaction, the Board of Supervisors need to approve the resolution of sale and appropriate the proceeds of the sale after a public hearing. Recommendation: It is recommended that the Board of Supervisors conduct a public hearing regarding the appropriation $40,039,896 of Series 1992A Water and Sewer Refunding bonds proceeds and approve the sale of the bonds to Davenport at a true interest cost of 6.2306785%. O0 .122 COUNTY OF CHESTERFIELD, VIRGINIA FIFTH SUPPLEMENTAL BOND RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE, SALE AND DELIVERY OF NOT TO EXCEED $43,000,000 AGGREGATE PRINCIPAL AMOUNT OF WATER AND SEWER REVENUE REFUNDING BONDS, SERIF~S 1992A, OF THE COUNTY OF CHESTERFIELD, VIRGINIA, AND DELEGATING TO THE COUNTY ADMINIS~TOR CERTAIN POWERS WITH RESPECT THERETO ADOPTEr} MAY 13, 1992 TABLE OF CONTENTS SECTION PAGE ARTICLE I DEFINITIONS 1.1 Definitions ................................ 2 ARTICLE H AUTHORIZATION OF ISSUANCE AND APPROVAL OF SALE OF 1992A BONDS 2.1 Authorization of Issuance of 1992A Bonds ............ 4 2.2 Accreted Value for Capital Appreciation Bonds ......... 5 2.3 Redemption of 1992A Bonds ..................... 5 2.4 Execution and Form of 1992A Bonds; Book- Entry-Only System .......................... Approval of Form of Escrow Deposit Agree- ment and Terms, Conditions and Provisions Thereof; Execution and Delivery of Escrow Deposit Agreement; Appointment of Escrow Agent; Authorization of Subscriptions for SLGS; Designation of Refunded Bonds for Redemption .............................. Official Statement; Certificate Concerning Official Statement; Ratification; Sale of 1992A Bonds ......... Application of Proceeds of 1992A Bonds .............. Investment of Funds and Accounts Under Bond Resolution Conditions Precedent to Delivery of 1992A Bonds Covenant as to Compliance with the 1986 Code .......... Creation of 1992A Debt Service Reserve Account in Debt Service Reserve Fund; Amendment of Def'mition of "Debt Service Reserve Requirement" Effective When 1985A and 1985B Bonds Are No Longer Outstanding ................ 2.5 2.6 2.7 2.8 2.9 2.10 2.11 7 8 9 9 10 11 11 O0 t24 SECTION PAGE ARTICLE HI MISCELLANEOUS 3.1 3.2 3.3 3.4 Fifth Supplemental Bond Resolution is a "Supplemental Resolution" Under the Bond Resolution; 1992A Bonds Are "Bonds" Under the Bond Resolution ..................... Filing of the Fifth Supplemental Bond Resolution With Circuit Court ................... Effect of Article and Section Headings and Table of Contents .......................... Effectiveness of This Fifth Supplemental Bond Resolution ........................... 11 12 12 12 ~IT A EXHIBIT B EXHIBIT C Form of Current Coupon Bond .................... Form of Capital Appreciation Bond ................. Form of Escrow Deposit Agreement ................ A-1 B-1 C-1 -ii- 00 125 COUNTY OF CHESTERFIELD, VIRGINIA FIFTH SUPPLEMENTAL BOND RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE, SALE AND DELIVERY OF NOT TO EXCEED $43,000,000 AGGREGATE PRINCIPAL AMOUNT OF WATER AND SEWER RE~ REFUNDING BONDS, SERIES 1992A, OF THE COUNTY OF CHESTERFIELD, VIRGINIA, AND DELEGATING TO THE COUNTY ADMINISTRATOR CERTAIN POWERS WITH RF~PECT THERETO WltEREAS, on July 24, 1985, the Board of Supervisors (the "Board") of the County of Chesterfield, Virginia (the "County"), adopted a resolution, 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 CHESTERFIEI.D, VIRGINIA, AND PROVIDING FOR THE SECURITY OF THE HOLDERS THEREOF" (hereinafter referred to as the "Bond Resolution"), authorizing the issuance of the "County of Chesterfield, Virginia, Water and Sewer Revenue Bonds" (hereinafter referred to as the "Bonds"); and WI-IF~REAS, on April 13, 1988, the Board adopted a resolution, entitled "THIRD SUPPLEMENTAL BOND RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE, SALE AND DELIVERY OF $43,872,957.65 AGGREGATE PRINCIPAL AMOUNT OF WATER AND SEWER REVENUE REFUNDING BONDS, SERIES 1988A, OF THE COUNTY OF CHESTERFIELD, VIRGINIA" (hereinafter referred to as the "Third Supplemental Bond Resolution"), authorizing the issuance of the County of Chesterfield, Virginia, Water and Sewer Revenue Bonds, Series 1988 (the "1988 Bonds"); and WHEREAS, the Board has determined that it is advisable for the County to authorize the issuance, sale and delivery of an issue of Bonds to be issued under and pursuant to the Bond Resolution in the aggregate principal amount of not to exceed $43,000,000 to be designated as the "County of Chesterfield, Virginia, Water and Sewer Revenue Refunding Bonds, Series 1992A" (hereinafter defined as the "1992A Bonds"); and WHEREAS, it is contemplated that the proceeds of the 1992A Bonds, together with other available moneys of the County, will.be applied to refund and defease in advance of their stated maturities $27,558,173.20 aggregate principal amount of the 1988 Bonds maturing on November 1 in each of the years 1999 through 2006, both inclusive, and on November 1, 2010 (hereinafter defined as the "Refunded Bonds" or the "Refunded 1988 Bonds"), and in connection therewith the County intends to enter into an Escrow Deposit Agreement, dated as of May 15, 1992 (hereinafter def'med as the "Escrow Deposit Agreement"), by and between the County and Crestar Bank, Richmond, Virginia, as Escrow Agent; and WHg~REAS, on February 12, 1992, the Board adopted a resolution, entitled "A RESOLUIlON OF TI-IE BOARD OF SUPERVISORS OF THE COUNTY OF CHF_STERFIELD, VIRGINIA, APPROVING THE REFUNDING OF THE COUNTY'S O0 12b OUTSTANDING WATER AND SEWER REVENUE BONDS, SERIES 1988, MATURING ON NOVEMBER 1, 1999 TO 2006, BOTH INCLUSIVE, AND ON NOVEMBER 1, 2010 AND AUTHORIZING THE COUNTY ADMINISTRATOR AND OTHER COUNTY OFFICIALS TO S~;K THE APPROVAL OF THE STATE COUNCIL ON LOCAL DEBT WITH RESPECT TO THE ISSUANCE OF "REFUNDING BONDS" FOR SUCH PURPOSE PURSUANT TO SECTION 15.1-227.46 OF THE CODE OF VIRGINIA 1950, AND THE "GUIDgJJNF_.S FOR THE APPROVAL OF REFUNDING BONDS BY THE STATE COUNCIL ON LOCAL DEBT" ADOPTED BY THE STATE COUNCIL ON LOCAL DEBT TI-IF~REUNDER", approving the refunding of the Refunded 1988 Bonds in advance of their stated maturities and authorizing the County Administrator and other appropriate officials of the County to present a plan of refunding to the State Council on Local Debt (the "State Council") and to seek the approval of the State Council of the issuance of the 1992A Bonds as refunding bonds pursuant to Section 15.1-227.46 of the Code of Virginia, 1950 (the "Virginia Code"); and WHEREAS, on February 19, 1992, the State Council adopted a resolution approving the issuance of the 1992A Bonds as "refunding bonds" pursuant to Section 15.1- 227.46 of the Virginia Code; and WHEREAS, it is deemed advisable and in the best interest of the County to delegate to the County Administrator certain powers with respect to the sale and delivery of the 1992A Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHES~gJ~D, VIRGINIA: ARTICLE I DEFINITIONS SECTION 1.1. Definitions. Unless the context shall clearly indicate some other meaning, all the words and terms used in this Fifth Supplemental Bond Resolution which are defined in Article I of the Bond Resolution shall, for the purposes of this Fifth Supplemental Bond Resolution, have the respective meanings given to them in the Bond Resolution. Unless the context shall clearly indicate some other meaning, the following terms shall, for all purposes of the Bond Resolution and of any certificate, resolution or other instrument amendatory thereof or supplemental thereto (including for all purposes of this Fifth Supplemental Bond Resolution) and for all purposes of any opinion or instrument or other document therein mentioned, have the following meanings, with the following definitions to be equally applicable to both the singular and plural forms of such terms and vice versa: "Bond Resolution" shall mean the resolution adopted by the Board on July 24, 1985, entitled "RF.3OLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF -2- 0 0 !. 2 7 CHESTERFIELD, VIRGINIA, AUTHORIZING THE ISSUANCE OF WATER AND SEWER REVENUE BONDS OF THE COUNTY OF CHF_,STERFI~LD, VIRGINIA, AND PROVIDING FOR THE SECURITY OF THE HOLDERS THEREOF". "Escrow Agent" shall mean Crestar Bank, Richmond, Virginia, as Escrow Agent under the Escrow Deposit Agreement. "Escrow Deposit Agreement" shall mean the Escrow Deposit Agreement, dated as of May 15, 1992, by and between the County and Crestar Bank, Richmond, Virginia, as Escrow Agent thereunder. "Fifth Supplemental Bond Resolution" shall mean this Fifth Supplemental Bond Resolution. "1992A Bonds" shall mean the Bonds authorized by this Fifth Supplemental Bond Resolution and issued under the Bond Resolution and this Fifth Supplemental Bond Resolution at any time Outstanding. "1986 Code" shall mean the Internal Revenue Code of 1986 and the regulations promulgated by the United States Department of the Treasury thereunder from time to time. "Refunded Bonds" or "Refunded 1988 Bonds" shall mean the $27,558,173.20 aggregate principal amount of County of Chesterfield, Virginia, Water and Sewer Revenue Bonds, Series 1988, maturing on November 1, 1999 through 2006, both inclusive, and on November 1, 2010. "Trustee" shall mean Signet Trust Company (formerly Bank of Virginia Trust Company) as Trustee under the Bond Resolution. Unless the context shall clearly indicate otherwise or otherwise require (i) all references in this Fifth Supplemental Bond Resolution to the Bond Resolution (without specifying in such references any particular article or section of the Bond Resolution) shall be to the Bond Resolution as amended and supplemented; (ii) all references by number in this Fifth Supplemental Bond Resolution to a particular article or section of the Bond Resolution shall be to the article or section of that number of the Bond Resolution, and if such article or section shall have been amended or supplemented, to such article or section as so amended and supplemented; and (iii) all references by number in this Fifth Supplemental Bond Resolution to a particular article or section of the Fifth Supplemental Bond Resolution shall be only to the article or section of that number of this Fifth Supplemental Bond Resolution. Whenever used in this Fifth Supplemental Bond Resolution, the words "herein", "hereinbefore", "hereinafter", "hereof", "hereunder", and other words of similar import, refer to this Fifth Supplemental Bond Resolution only and to this Fifth Supplemental Bond Resolution as a whole and not to any particular article, section or subdivision hereof; and the words -3- "therein", "thereinbefore", "thereof", "thereunder", and other words of similar import, refer to the Bond Resolution as a whole and not to any particular article, section or subdivision thereof. ARTICLE H AUTHORIZATION OF ISSUANCE AND APPROVAL OF SALE OF 1992A BONDS SECTION 2.1. Authorization of Issuance of 1992A Bonds. (a) For the purposes of providing funds (i) for the deposit into the Debt Service Reserve Fund held by the Trustee of the amount specified in Section 2.7(13) of this Fifth Supplemental Bond Resolution, and (ii) for the deposit with the Escrow Agent under the Escrow Deposit Agreement of the amount specified in Section 2.7(c) of this Fifth Supplemental Bond Resolution for application, together with other available moneys of the County, to refund in advance of their stated maturities and defcase the Refunded Bonds, there are hereby authorized to be issued, and shall be issued, under and secured by the Bond Resolution, including this Fifth Supplemental Bond Resolution, an issue of Bonds in the aggregate principal amount of not to exceed $43,000,000, to be designated as the "County of Chesterfield, Virginia, Water and Sewer Revenue Refunding Bonds, Series 1992A" (herein defined and referred to as the "1992A Bonds"). (b) The 1992A Bonds maturing on November 1 in the years 1992 through 2002, both inclusive (the "Current Coupon Bonds"), shall be dated as of May 15, 1992; shall be issued in fully registered form; shall be in the denomination of $5,000 or any integral multiple thereof; and shall be numbered or lettered, or both, as shall be determined by the Trustee, which numbers or letters shall have the letter "R" prefixed thereto. The Current Coupon Bonds shall mature and become due and payable on November 1 in each of the years 1992 through 2002 and in the principal amounts determined by the County Administrator, and shall bear interest from their date at the rates per annum determined by the County Administrator, payable on November 1, 1992 and semiannually on each November 1 and May 1 thereafter. (c) The 1992A Bonds maturing on November 1 in the years 2003 through 2010, both inclusive (the "Capital Appreciation Bonds"), shall be dated as of the date of their of delivery, shall be issued in fully registered form and shall be numbered or lettered, or both, as shall be determined by the Trustee, which numbers or letters shall have the Letter "R" preferred thereto. The Capital Appreciation Bonds shall mature and become due and payable on November 1 in each of the years 2003 through 2010 and in the principal amounts as shall be determined by the County Administrator, shall be of the minimum denominations and integral multiples thereof and shall bear interest payable at maturity in the amounts per minimum denomination as shall be determined by the County Administrator. (d) Subject to the provisions of Section 2.4 hereof, principal of each 1992A Bond and interest on each Capital Appreciation Bond shall be payable to the registered owner thereof at the principal office of the Trustee upon presentation and surrender of the 1992A Bond, -4- O0 .!.23 and interest on each Current Coupon Bond shall be paid by the Trustee as Paying Agent for the 1992A Bonds to the registered owner thereof as shown on the books of registry maintained by the Trustee as Registrar for the 1992A Bonds, as of the fifteenth (15th) day of the calendar month next preceding each interest payment date. (e) Subject to the provisions of Section 2.4 hereof, the 1992A Bonds shall be exchangeable for other 1992A Bonds in fully registered form, all as provided in Section 3.3 of the Bond Resolution. The 1992A Bonds may contain such variations, omissions and insertions as are incidental to such differences in their numbers, denominations and forms. (f) The Trustee is hereby appointed as the Registrar and the Paying Agent for the 1992A Bonds. SECTION 2.2. Accreted Value for Capital Appreciation Bonds. The Accreted Value for each Capital Appreciation Bond shall be the original principal amount of each Capital Appreciation Bond maturing on November 1 in each of the years 2003 through 2010, both inclusive, together with interest thereon compounded semiannually. The Accreted Value shall be, as of any date of computation, an amount equal to the sum of the principal amount of such Capital Appreciation Bond and the interest accrued on such Capital Appreciation Bond from its dated date to the May 1 or November 1 immediately preceding the date of computation or the date of computation if a May 1 or November 1. Such interest shall accrue at the rate per annum based on the yield at which the Capital Appreciation Bonds were initially offered to the public compounded on November 1, 1992 and semiannually thereafter on May 1 or November 1 of each year, plus, with respect to payment upon redemption of the Capital Appreciation Bonds, ff such date of computation shall not be a May 1 or November 1, a portion of the difference between the Accreted Value as of the immediately preceding May 1 or November 1 and the Accreted Value as of the immediately succeeding May 1 or November 1 calculated based upon an assumption that Accreted Value accrues during any semiannual period in equal daily amounts on the basis of a 360-day year. SECTION 2.3. Redemption of 1992A Bonds. The 1992A Bonds shall not be subject to redemption prior to their stated maturities. SECTION 2.4. Execution and Form of 1992A Bonds; Book-Entry-Only System. (a) The 1992A Bonds shall be executed and authenticated in the manner and with the effect set forth in Section 3.10 of the Bond Resolution. (b) The 1992A Bonds shall be issuable in the form, denominations and maturities and with the interest rates and redemption provisions specified in Section 2.1 of this Fifth Supplemental Bond Resolution. (c) CUSIP identification numbers shall be printed on the 1992A Bonds, but such numbers shall not be deemed to be a part of the 1992A Bonds or a part of the contract evidenced thereby and no liability shall hereafter attach to the County or any of the officers or agents thereof because of or on account of such CUSIP identification numbers. -5- 0(} .:!_ 30 (d) The 1992A Bonds shall be issued, upon initial issuance, in fully registered form and registered in the name of Cede & Co., a nominee of The Depository Trust Company, New York, New York ("DTC"), as registered owner of the 1992A Bonds, and immobilized in the custody of DTC. One fully registered 1992A Bond for the principal amount of each maturity shall be registered to Cede & Co. Beneficial owners of 1992A Bonds shall not receive physical delivery of 1992A Bonds. Individual purchases of 1992A Bonds may be made in book-entry form only in principal amounts of $5,000 and integral multiples thereof. Principal, premium, if any, and interest payments on the 1992A Bonds shall be made to DTC or its nominee as registered owner of such 1992A Bonds on the applicable payment date. Transfers of principal, premium, if any, and interest payments to the participants of DTC, which include securities brokers and dealers, banks, trust companies, clearing corporations and certain other organizations (the "Participants") shall be the responsibility of DTC. Transfers of principal, premium, if any, and interest payments to beneficial owners of the 1992A Bonds by the Participants is the responsibility of the Participants and other nominees of such beneficial owners. The Trustee shall notify DTC of any notice required to be given pursuant to the Bond Resolution, as supplemented by this Fifth Supplemental Bond Resolution, not less than fifteen (15) calendar days prior to the date upon which such notice is required to be given; provided that the failure to provide such notice to DTC shall not invalidate any action taken or notice given by the Trustee hereunder. Transfers of ownership interests in the 1992A Bonds shall be made by DTC and its Participants, acting as nominees of the beneficial owners of the 1992A Bonds, in accordance with rules specified by DTC and its Participants. The Trustee makes no assurances that DTC, its Participants or other nominees of the beneficial owners of the 1992A Bonds shall act in accordance with such rules or on a timely basis. (e) Replacement 1992A Bonds (the "Replacement 1992A Bonds") shall be issued directly to beneficial owners of 1992A Bonds rather than to DTC, or its nominee, but only in the event that: (i) DTC determines not to continue to act as securities depository for the 1992A Bonds; or (ii) The Trustee has advised DTC of its determination that DTC is incapable of discharging its duties; or (iii) The Trustee has determined that it is in the best interest of the beneficial owners of the 1992A Bonds not to continue the book-entry system of transfer. Upon occurrence of the events described in clause (i) or (ii) above the Trustee shall attempt to locate another qualified securities depository. If the Trustee fails to locate another qualified securities depository to replace DTC, the Trustee shall execute and deliver Replacement 1992A Bonds substantially in the appropriate forms set forth in Exhibit A and Exhibit B attached hereto to the Participants. In the event the Trustee makes the determination noted in clause (ii) or (iii) -6- O0 above (the Trustee undertakes no obligation to make any investigation to determine the occurrence of any events that would permit the Trustee to make any such determination) and has made provisions to notify the beneficial owners of 1992A Bonds by mailing an appropriate notice to DTC, the Trustee shall execute and deliver Replacement 1992A Bonds substantially in the appropriate forms set forth in Exhibit A and Exhibit B attached hereto to any Participants malting a request for such Replacement 1992A Bonds. The Trustee shall be entitled to rely on the records provided by DTC as to the Participants entitled to receive Replacement Certificates. Principal of and premium, if any, and interest on the Replacement 1992A Bonds shall be payable as provided in Section 2.1(d) hereof, and such Replacement 1992A Bonds will be transferable and exchangeable in accordance with Sections 3.3 through 3.6, inclusive, of the Bond Resolution. (f) The 1992A Bonds shall be in substantially the forms set forth in Exhibit A and B attached hereto. SECTION 2.5. Approval of Form of Escrow Deposit Agreement and Terms, Conditions and Provisions Thereof; Execution and Delivery of Escrow Deposit Agreement; Appointment of Escrow Agent; Authorization of Subscriptions for SLGS; Designation of Refunded Bonds for Redemption. (a) The form of the Escrow Deposit Agreement presented to and fried with the minutes of the meeting of the Board at which this Fifth Supplemental Bond Resolution is being adopted, a copy of the form of which is attached to this Fifth Supplemental Bond Resolution as Exhibit C, and the terms, conditions and provisions thereof, are hereby approved, ratified and conf'mned by the Board, and the County Administrator and the Deputy County Administrator, or either of them, is hereby authorized and directed to execute and deliver to the Escrow Agent the Escrow Deposit Agreement in such form, together with such changes as shall be approved by the County Administrator and the Deputy County Administrator, or either of them, upon the advice of counsel (including the County Attorney and Bond Counsel), such approval to be conclusively evidenced by their execution thereof. The Trustee is hereby authorized and directed to withdraw from the Debt Service Fund and the Debt Service Reserve Fund and to transfer to the Escrow Agent for deposit into the Escrow Deposit Fund the amounts required to be deposited therein from sources other than proceeds of the 1992A Bonds. (b) The appointment of Crestar Bank as Escrow Agent under the Escrow Deposit Trust Agreement is hereby approved, ratified and conf'mned by the Board. (c) The County Administrator and the Deputy County Administrator, or either of them, are hereby authorized to execute, on behalf of the County, subscriptions for United States Treasury Obligations - State and Local Government Series, if such are to be purchased by the Escrow Agent from moneys deposited in the 1992A Escrow Deposit Fund created and established under the Escrow Deposit Agreement. Any United States Treasury Obligations purchased from moneys deposited in the 1992A Escrow Deposit Fund shall be held by the Escrow Agent under and in accordance with the provisions of the Escrow Deposit Agreement. The County Administrator and the Deputy County Administrator, or either of them, are hereby authorized to execute, on behalf of the County, the instruments required to be executed on behalf -7- of the County in connection with the other investments contemplated by the Escrow Deposit Agreement. (d) The Board hereby designates the Refunded 1988 Bonds for redemption on November 1, 1998 in accordance with the provisions of Section 8(b) of the Escrow Deposit Agreement. SECTION 2.6. Official Statement; Certificate Concerning Official Statement; Ratification; Sale of 1992A Bonds. (a) The Chairman of the Board of Supervisors and the County Administrator are hereby authorized and directed to execute and deliver to the purchasers of the 1992A Bonds an Official Statement of the County, relating to the 1992A Bonds (the "Official Statement"), in substantially the form of the Preliminary Official Statement, presented to the meeting of the Board at which this Fifth Supplemental Bond Resolution is being adopted, after the same has been completed by the insertion of the maturities, interest rates, and other details of the 1992A Bonds and by making such other insertions, changes or corrections as the Chairman of the Board of Supervisors and the County Administrator, based on the advice of the County's financial advisors and legal counsel (including the County Attorney or Bond Counsel), deem necessary or appropriate; and the Board hereby authorizes the Official Statement and the information contained therein to be used by the purchasers in connection with the sale of the 1992A Bonds. The Preliminary Official Statement is "deemed f'mal" for purposes of Rule 15c2- 12 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934. The County Administrator, the Director of Accounting and the County Attorney are hereby authorized and directed to execute on behalf of the County and deliver to said purchaser certificates in substantially the form referred to in the Official Statement under the caption "Certificates Concerning Official Statement". (b) The County Administrator, the Deputy County Administrator and other officers and employees of the County are hereby authorized to cause to be published the Summary Notice of Sale of the 1992A Bonds in The Bond Buyer on a date selected by the County Administrator, and to be prepared and distributed the Preliminary Official Statement, the Detailed Notice of Sale and the Official Proposal Form relating to the 1992A Bonds, and the terms, condition and provisions thereof as f'fled with the minutes of the meeting at which this resolution is being adopted, are hereby approved, ratified and confh-med by the Board. All actions and proceedings heretofore taken by the Board, the County Administrator, the Deputy County Administrator and the other officers, employees, agents and attorneys of the County in connection with the issuance and sale of the 1992A Bonds, are hereby ratified and confirmed. (c) The 1992A Bonds shall be sold at public sale on a date to be selected by the County Administrator. The County Administrator is hereby authorized to award the 1992A Bonds to the best bidder therefor. The Current Coupon Bonds shall be sold at the price of not less than 99 % of the principal amount thereof, plus accrued interest thereon from their date to the date of delivery of the 1992A Bonds. The 1992A Bonds shall be sold at an effective interest rate of not more than 7 %. The award shall be made on the basis set forth in the Detailed Notice of Sale. -8- O0 133 SECTION 2.7. Application of Proceeds of 1992A Bonds. The proceeds of sale of the 1992A Bonds received by the County shall be applied as follows: (a) an amount equal to the accrued interest on the 1992A Bonds from their date to the date of the delivery thereof and payment therefor shall be deposited with the Trustee in the Debt Service Fund in accordance with the provisions of the Bond Resolution and applied on November 1, 1992 to the payment of the interest payable on the 1992A Bonds on such date; (b) an amount, less other available moneys in the Debt Service Reserve Fund, equal to the Debt Service Reserve Requirement for the 1992A Bonds shall be deposited with the Trustee in the Debt Service Reserve Fund in accordance with the provisions of the Bond Resolution and Section 2.11 of this Fifth Supplemental Bond Resolution; (c) the amount required to be deposited into the Escrow Deposit Fund to provide for the refunding in advance of their stated maturities and defeasance of the Refunded 1988 Bonds shall be deposited with the Escrow Agent under the Escrow Deposit Agreement and applied, together with other available moneys of the County so deposited thereunder, as provided therein; and (d) the balance of the proceeds of the 1992A Bonds shall be deposited with the Treasurer of the County and applied to the payment of the costs of issuance of the 1992A Bonds. SECTION 2.8. Investment of Funds and Accounts Under Bond Resolution. In accordance with Section 5.11 (c)(i) of the Bond Resolution, it is hereby provided that all income or interest earned and gains realized in excess of losses suffered by a Fund or Account held by the Trustee or the Treasurer under the Bond Resolution and allocable to the 1992A Bonds due to the investment thereof shall be deposited into the Construction Fund for credit to the Construction Account therein up to the date the Certificate referred to in Section 4.3(b) of the Bond Resolution shall be delivered with regard to the 1985 Expansion, and (ii) thereafter shall be deposited into the Rebate Fund to the extent required to enable the County to comply with the arbitrage rebate requirements of the 1986 Code and, after any such deposit into the Rebate Fund, into the Revenue Fund as Revenues of the System. SECTION 2.9. Conditions Precedent to Delivery of 1992A Bonds. In compliance with the conditions precedent to the delivery of the 1992A Bonds prescribed in Sections 2.4 and 2.5 of the Bond Resolution, the 1992A Bonds shall be delivered only upon receipt by the Trustee of: (1) a copy of this Fifth Supplemental Bond Resolution authorizing the 1992A Bonds, certified by the Clerk of the Board of Supervisors or an Authorized Officer of the County, by which or pursuant to which the terms of the 1992A Bonds are specified, which Fifth Supplemental Bond Resolution contains f'mdings 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 -9- O0 134', all mandatory redemptions, if any, of Bonds required to have been made under the terms the Bond Resolution or any Supplemental Resolution shall have been made; (2) a Bond Counsel's Opinion to the effect that (i) this Fifth Supplemental Bond Resolution has been duly and lawfully adopted and is in full force and effect; (ii) the 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 enforceab'flity thereof may be subject to judicial discretion, to the exercise of the sovereign police powers of the Commonwealth of Virginia 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) the 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 the Bond Resolution; and (iv) upon the execution and delivery thereof, the 1992A Bonds will have been duly and validly authorized and issued in accordance with the Bond Resolution; (3) a written order as to the delivery of the 1992A Bonds and the application of the 1992A Bond proceeds, signed by an Authorized Officer of the County; (4) a Certificate of the Director of Budget that the 1992A Bonds are issued in compliance with the provisions of Section 7.il(c) of the Bond Resolution, which Certificate shall be accompanied by afl Accountant's Certificate conf'uTning the calculations set forth in such Certificate of the Director of Budget with respect to the amounts of Revenues, Operating Expenses, Debt Service and Debt Service/Additional Bonds; and (5) in satisfaction of the requirements of Section 2.5 of the Bond Resolution, an executed original of the Escrow Deposit Agreement, which contains instructions as to the payment of redemption of the Refunded Bonds, together with instructions as to the giving of notice of redemption of the Refunded Bonds. SECTION 2.10. Covenant as to Compliance with 1986 Code. The County hereby covenants and agrees to comply with the provisions of Sections 103 and 141-150 of the 1986 Code applicable to the 1992A Bonds throughout the term of the 1992A Bonds. SECTION 2.11. Creation of 1992A Debt Service Reserve Account in Debt Service Reserve Fund; Amendment of Definition of "Debt Service Reserve Requirement" Effective When 1985A and 1985B Bonds Are No Longer Outstanding. (a) There is hereby created and established in the Debt Service Reserve Fund held by the Trustee an account designated as the "1992A Debt Service Reserve Account". From the proceeds of the 1992A Bonds required to be deposited into the Debt Service Reserve Fund pursuant to Section 2.7(b) hereof and other available moneys in the Debt Service Reserve Fund, there shall be credited to the 1992A Debt Service Reserve Account an amount equal to the Debt Service Reserve Requirement for the 1992A Bonds. The 1992A Debt Service Reserve Account shall be available only to pay Debt Service on the 1992A Bonds. - 10- 00 ! 35 (b) Effective at such time no 1985A Bonds or 1985B Bonds are Outstanding under the Bond Resolution, clause (i) of the first sentence of the definition of the term "Debt Service Reserve Requirement" in the Bond Resolution is hereby amended such that, with respect to any Series of Bonds which bear interest at a fixed rate, the Debt Service Reserve Requirement shall mean an amount equal to the lesser of (i) ten percent (10%) of the proceeds of such Series of Bonds, and (ii) the maximum amount payable in any current or future Fiscal Year for the payment of Debt Service on such Series of Bonds. ARTICLE Ill MISCELLANEOUS SECTION 3.1. Fifth Supplemental Bond Resolution is a "Supplemental Resolution" Under the Bond Resolution; 1992A Bonds Are "Bonds" Under the Bond Resolution. (a) This Fifth Supplemental Bond Resolution is adopted pursuant to Sections 2.4 and 2.5 and Article VIII of the Bond Resolution. This Fifth Supplemental Bond Resolution (1) supplements the Bond Resolution; (2) is hereby found, determined and declared to constitute and to be a "Supplemental Resolution" within the meaning of the quoted words as de£med and used in the Bond Resolution; and (3) is adopted pursuant to and under the authority of the Bond Resolution. (b) The 1992A Bonds are hereby found, determined and declared to constitute and to be "Bonds" within the meaning of the quoted words as def'med and used in the Bond Resolution. The 1992A Bonds shall be entitled to the benefits, security and protection of the Bond Resolution, equally and proportionately with any other Bonds heretofore or hereafter issued thereunder; shall be payable from the Revenues on a parity with all Bonds heretofore or hereafter issued under the Bond Resolution; shall rank pari passu with all Bonds heretofore or hereafter issued under the Bond Resolution; and shall be equally and ratably secured with all Bonds heretofore or hereafter issued under the Bond Resolution by a prior and paramount lien and charge on the Revenues, without priority or distinction by reason of series, number, date, date of sale, date of issuance, date of execution and authentication or date of delivery; all as is more fully set forth in the Bond Resolution. It is hereby further found, determined and declared that no default exists in the payment of the principal of or interest and premium, if any, on any Bond issued under the Bond Resolution and that all mandatory redemptions, if any, of Bonds required to have been made under the terms of the Bond Resolution or any Supplemental Resolution have been made. SECTION 3.2. Filing of thin Fifth Supplemental Bond Resolution with Circuit Court. The County Attorney be and hereby is authorized and directed to f'fle a copy of this Fifth Supplemental Bond Resolution, certified by the Clerk of the Board to be a true and correct copy thereof, with the Circuit Court of the County of Chesterfield, Virginia. SECTION 3.3. Effect of Article and Section Headings and Table of Contents. The headings or titles of articles and sections hereof, and any table of contents appended hereto -11- O0 !36 or copies hereof, shall be for convenience of reference only and shall not affect the meaning or construction, interpretation or effect of this Fifth Supplemental Bond Resolution. SECTION 3.4. Effectiveness of This Fifth Supplemental Bond Resolution. Fifth Supplemental Bond Resolution shall be effective from and after the adoption hereof by the Board. ssfn:va92-O29:b :\5th-supp.O1 998.1 - 12- 00 .1.37 SCHEDULE OF PAYMENT OF INTEREST AND REDEMPTION PRICES OF THE REFUNDED BONDS Date Payment Due Imerest Redemption Total Debt Due Price Service Due ssfn:va92-O29:b :appen-a.eda 999.1 O0 ! 38 EXHIBIT A FORM OF CURRENT COUPON BOND UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA COUNTY OF CHESTERFIELD WATER AND SEWER REVENUE REFUNDING BOND, SERW~S 1992A REGISTERED No. R- INTEREST RATE: MATURITY DATE: DATE OF BOND: REGISTERED $ CUSIP NO.: % 166409 REGISTERED HOLDER: PRINCIPAL SUM: The County of Chesterfield (hereinafter referred to as the "County"), a political subdivision of the Commonwealth of Virginia, for value received, hereby acknowledges itself indebted and hereby promises to pay to the Registered Holder (named above), or registered assigns, but solely from the Revenues and moneys pledged to the payment hereof hereinafter specified and not otherwise, on the Maturity Date (specified above) unless this Bond shall have been called for previous redemption and payment of the redemption price shall have been duly made or provided for, the Principal Sum (specified above), and to pay interest on such Principal Sum, but solely from such Revenues and moneys pledged to the payment hereof hereinafter specified and not otherwise, on the first day of November, 1992 and semiannually on the first day of May and the first day of November of each year thereafter (each such date is hereinafter referred to as an "interest payment date"), from the date hereof or from the interest payment date next preceding the date of authentication hereof to which interest shall have been paid, unless such date of authentication is an interest payment date, in which case from such interest payment date, or unless such date of authentication is within the period from the sixteenth (16th) day to the last day of the calendar month next preceding the following interest payment date, in which case from such following interest payment date, such interest to be paid until the maturity or redemption hereof at the Interest Rate (specified above) per annum, by check or draft mailed by the Registrar hereinafter mentioned to the Registered Holder in whose name this Bond is registered upon the books of registry of the County kept by the Registrar as of the close of business on the fifteenth (15th) day (whether or not a business day) of the calendar month next -1- O0 ! 39 preceding each interest payment date at the address of the Registered Holder hereof as it appears on such books of registry. The principal of and premium, if any, on this Bond are payable on presentation and surrender hereof at the principal office of Signet Trust Company, as Registrar, in the City of Richmond, Virginia. Both principal of and premium, if any, and interest on this Bond are payable in such coin or currency of the United States of America as at the respective dates of payment thereof is legal tender for public and private debts. This Bond is one of a duly authorized Series of Bonds (herein referred to as the "Bonds") of the aggregate principal amount of Dollars ($ ) of like date, denomination and tenor herewith except for number, interest rate, maturity and redemption provisions, and is issued under and pursuant to and in full compliance with the Constitution and statutes of the Commonwealth of Virginia, including Chapter 5.1 of Title 15.1 of the Code of Virginia, 1950 (the same being the Public Finance Act of 1991), a resolution duly adopted on July 24, 1985 by the Board of Supervisors of the County, entitled "RESOL~ON OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CItF~TERFIFJ~D, VIRGINIA, AUTHORIZING THE ISSUANCE OF WATER AND SEWER REVENUE BONDS OF THE COUNTY OF CHESTERFIRLD, VIRGINIA, AND PROVIDING FOR THE SECURITY OF THE HOLDERS THEREOF" and a resolution duly adopted by such Board on May 13, 1992, entitled "FIFTH SUPPLEMENTAL BOND RESOL~ON AUTHORIZING AND PROVIDING FOR THE ISSUANCE, SALE AND DRLIVERY OF NOT TO EXCR~D $43,000,000 AGGREGATE PRINCIPAL AMOUNT OF WATER AND SEWER REVENUE REFUNDING BONDS, SERIES 1992A, OF THE COUNTY OF CHESTERFIELD, VIRGINIA AND DELEGATING TO THE COUNTY ADMINISTRATOR CERTAIN POWERS WITH RF_~PECT THERETO" (such resolutions being herein referred to collectively as the "Bond Resolution"). The Bonds are issued to f'mance the costs of refunding a portion of the Water and Sewer Revenue Refunding Bonds, Series 1988, of the County, in advance of their stated maturities. Of the Bonds of the Series of which this Bond is one $ principal amount maturing on November 1, 1992 through 2002, both inclusive, are current coupon bonds (the "Current Coupon Bonds") bearing interest payable on November 1, 1992 and semiannually thereafter at the rates of interest per annum stated therein, and $ principal amount maturing on November 1, 2003 through 2010 are capital appreciation bonds (the "Capital Appreciation Bonds") bearing interest compounded on November 1, 1992 and semiannually thereafter and payable at maturity. The Bonds and the interest thereon are payable solely from, and secured equally and ratably with other bonds which may have heretofore been issued or may hereafter be issued on a parity therewith under the Bond Resolution outstanding from time to time solely by a lien and charge on, the Revenues (as defined in the Bond Resolution) derived from the operation of the County's water and sewer system (the "System"), subject to the prior payment from such Revenues of the Operating Expenses of the System, and from moneys held in the funds and accounts created and established under the Bond Resolution pledged to the payment thereof. The Bond Resolution provides that the bonds issued thereunder shall not be 2 O0 ! 40 deemed to constitute full faith and credit general obligations of the County for which there is a right to compel the exercise of the ad valorem taxing power of the County. Reference is hereby made to the Bond Resolution, to all of the provisions of which any Registered Holder of this Bond by his acceptance hereof hereby assents, for de~mitions of terms; the description of and the nature and extent of the security for the bonds issued under the Bond Resolution, including this Bond; the description of the System; the description of the Revenues and the moneys held in the funds and accounts created and established under the Bond Resolution pledged to the payment of the interest on and principal of the bonds issued under the Bond Resolution, including this Bond; the nature and extent and manner of enforcement of the pledge; the covenants of the County as to the fixing, establishing, maintaining and revising of rates and charges for the provision and sale of water and sewer services of the System; the covenants of the County as to the collection, deposit and application of the Revenues of the System; the conditions upon which other bonds may hereafter be issued under the Bond Resolution payable on a parity with this Bond from the Revenues of the System and equally and ratably secured herewith; the rights, duties and obligations of the County; the provisions discharging the Bond Resolution as to this Bond and the lien and pledge of this Bond on the Revenues of the System if there shall have been deposited in accordance with the provisions of the Bond Resolution on or before the maturity or redemption hereof moneys sufficient to pay the principal hereof and the interest hereon to the maturity or redemption date hereof, or certain specified securities maturing at such times and in such amounts which, together with the earnings thereon, would be sufficient for such payment, or a combination of both such moneys and securities; and for the other terms and provisions of the Bond Resolution. The Bonds of the Series of which this Bond is one are not subject to redemption prior to their stated maturities. Subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the Series of which this Bond is one, this Bond may be exchanged at the principal office of the Registrar for a like aggregate principal amount of Bonds of other authorized principal amounts and of the Series of which this Bond is one. This Bond is transferable by the Registered Holder hereof, in person or by his attorney duly authorized in writing, at the principal office of the Registrar but only in the manner, subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the Series of which this Bond is one, and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of authorized denominations and of the same aggregate principal amount of the Series of which this Bond is one will be issued to the transferee in exchange herefor. This Bond shall not be valid or obligatory unless the certificate of authentication hereon shall have been manually signed by an authorized signator of the Registrar. It is hereby certified, recited and declared that all acts, conditions and things required to have happened, to exist and to have been performed precedent to and in the issuance of fi-ds Bond and the Series of which it is one, have happened, do exist and have been performed -3- O0 141 in regular and due time, form and manner as required by law, and that the Bonds of the Series of which this Bond is one do not exceed any constitutional or statutory limitation of indebtedness. IN WlTNF_~S WHEREOF, the County, by its Board of Supervisors, has caused this Bond to be signed by the Chairman and the Clerk of such Board, by their manual or facsimile signatures, and the corporate seal of the County to be impressed or imprinted hereon, and this Bond to be dated the fifteenth (15th) day of May, 1992. [Facsimile of Seal of the County] [Facsimile Signature of Clerk of the Board of Supervisors] [Facsimile Signature of Chairman of the Board of Supervisors] Clerk of the Board of Supervisors Chairman of the Board of Supervisors (FORM OF CERTWICATE OF AUTHENTICATION) CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds delivered pursuant to the within-mentioned proceedings. SIGNET TRUST COMPANY, REGISTRAR By: Authorized Signature Dated: -4- O0 .! 42 (FORM OF ASSIGNMENT) ASSIGNMENT For value received, the undersigned hereby sell(s), assign(s) and transfer(s) unto (Please print or type name and address, including postal zip code, of transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER TAX IDENTIFYING NUMBER OF TRANSFEREE: the within Bond and all rights thereunder, and hereby irrevocable constitutes and appoints , attorney, to transfer such Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature(s) Guaranteed NOTICE: Signature (s) must be guaranteed by a member fu'm of The New York Stock Exchange, Inc. or a commercial bank or trust company. (Signature(s) of Registered Holder) NOTICE: The signature(s) above must correspond with the name of the Registered Holder as it appears on the front of this Bond in every particular, without alteration or enlarge- ment or any change whatsoever. ssfn:va92-O29:b :bondform.exa 1000.1 -5- O0 143 EXHIBIT B FORM OF CAPITAL APPRECIATION BOND INTEREST ON THIS BOND IS PAYABLE ONLY AT MATURITY UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA COUNTY OF CHF3TERFIELD WATER AND SEWER REVENUE REFUNDING BOND, SERIF~; 1992A REGISTERF. D REGISTERED No. R- $ MINIMUM BOND DATE: MATURITY DATE: DENOMINATION: CUSIP: 1664O9 REGISTERED HOLDER: PRINCIPAL SUM: The County of Chesterfield (hereinafter referred to as the "County"), a political subdivision of the Commonwealth of Virginia, for value received, hereby acknowledges itself indebted and hereby promises to pay to the Registered Holder (named above), or registered assigns, but solely from the Revenues and moneys pledged to the payment hereof hereinafter specified and not otherwise, on the Maturity Date (specified above) unless this Bond shall have been called for previous redemption and payment of the redemption price shall have been duly made or provided for, the Principal Sum (specified above) and the interest payable thereon, computed as provided in the Bond Resolution hereinafter referred to. If this Bond is issued in a Principal Sum equal to the minimum denomination permitted by the Bond Resolution (as defined hereinafter), the interest payable at maturity is the difference between Five Thousand Dollars ($5,000) and such Principal Sum. If this Bond is issued in a Principal Amount that is an integral multiple of the minimum denomination permitted by the Bond Resolution, the interest shall be the same integral multiple of the amount of interest calculated pursuant to the preceding sentence. All interest on this Bond is payable only at maturity. The principal of and premium, if any, and interest on this Bond are payable on presentation and surrender hereof at the principal office of Signet Trust Company, as Registrar, in the City of Richmond, Virginia. -1- O0 !44 Both principal of and premium, if any, and interest on this Bond are payable in such coin or currency of the United States of America as at the respective dates of payment thereof is legal tender for public and private debts. This Bond is one of a duly authorized Series of Bond (herein referred to as the "Bonds") of the aggregate principal amount of ($ ) of like date, denomination and tenor herewith except for number, interest rate, maturity and redemption provisions, and is issued under and pursuant to and in full compliance with the Constitution and statutes of the Commonwealth of Virginia, including Chapter 5 of Title 15.1 of the Code of Virginia 1950, as amended (the same being the Public Finance Act), a resolution duly adopted on July 24, 1985 by the Board of Supervisors of the County, entitled "RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIFJ~D, 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" and a resolution duly adopted by such Board on May 13, 1992, entitled "FIFTH SUPPLEMENTAL BOND KESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE, SALE AND DEIiVERY OF NOT TO EXCRF. D $43,000,000 AGGREGATE PRINCIPAL AMOUNT OF WATER AND SEWER REVENUE REFUNDING BONDS, SERIES 1992A, OF THE COUNTY OF CHF3TERFIELD, VIRGINIA AND DELEGATING TO THE COUNTY ADMINISTRATOR CERTAIN POWERS WITH RESPECT THERETO" (such resolutions being herein referred to collectively as the "Bond Resolution"). The Bonds are issued to fmance the costs of refunding a portion of the Water and Sewer Revenue Refunding Bonds, Series 1988, of the County. Of the Bonds of the Series of which this Bond is one $ principal amount maturing on November 1, 1992 through 2002, both inclusive, are current coupon bonds (the "Current Coupon Bonds") bearing interest payable on November 1, 1992 and semiannually thereafter at the rates of interest per annum stated therein, and $ principal amount maturing on November 1, 2003 through 2010 are capital appreciation bonds (the "Capital Appreciation Bonds") bearing interest compounded on November 1, 1992 and semiannually thereafter and payable at maturity. The Bonds and the interest thereon are payable solely from, and secured equally and ratably with other bonds which may have heretofore been issued or may hereafter be issued on a parity therewith under the Bond Resolution outstanding from time to time solely by a lien and charge on, the Revenues (as def'med in the Bond Resolution) derived from the operation of the County's water and sewer system (the "System"), subject to the prior payment from such Revenues of the Operating Expenses of the System, and from moneys held in the funds and accounts created and established under the Bond Resolution pledged to the payment thereof. The Bond Resolution provides that the bonds issued thereunder shall not be deemed to constitute full faith and credit general obligations of the County for which there is a right to compel the exercise of the ad valorem taxing power of the County. Reference is hereby made to the Bond Resolution, to all of the provisions of which any Registered Holder of this Bond by his acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the security for the bonds -2- issued under the Bond Resolution, including this Bond; the description of the System; the description of the Revenues and the moneys held in the funds and accounts created and established under the Bond Resolution pledged to the payment of the interest on and principal of the bonds issued under the Bond Resolution, including this Bond; the nature and extent and manner of enforcement of the pledge; the covenants of the County as to the f'Lxing, establishing, maintaining and revising of rates and charges for the provision and sale of water and sewer services of the System; the covenants of the County as to the collection, deposit and application of the Revenues of the System; the conditions upon which other bonds may hereafter be issued under the Bond Resolution payable on a parity with this Bond from the Revenues of the System and equally and ratably secured herewith; the rights, duties and obligations of the County; the provisions discharging the Bond Resolution as to this Bond and the lien and pledge of this Bond on the Revenues of the System if there shall have been deposited in accordance with the provisions of the Bond Resolution on or before the maturity or redemption hereof moneys sufficient to pay the principal hereof and the interest hereon to the maturity or redemption date hereof, or certain specified securities maturing at such times and in such amounts which, together with the earnings thereon, would be sufficient for such payment, or a combination of both such moneys and securities; and for the other terms and provisions of the Bond Resolution. The Bonds of the Series of which this Bond is one are not subject to redemption prior to their stated maturities. Subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the Series of which this Bond is one, this Bond may be exchanged at the principal office of the Registrar for a like aggregate principal amount of Bonds of other authorized principal amounts and of the Series of which this Bond is one. This Bond is transferable by the Registered Holder hereof, in person or by his attorney duly authorized in writing, at the principal office of the Registrar but only in the manner, subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the Series of which this Bond is one, and upon th surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of authorized denominations and of the same aggregate principal amount of the Series of which this Bond is one will be issued to the transferee in exchange herefor. This Bond shall not be valid or obligatory unless the certificate of authentication hereon shall have been manually signed by an authorized signator of the Registrar. It is hereby certified, recited and declared that all acts, conditions and things required to have happened, to exist and to have been performed precedent to and in the issuance of this Bond and the Series of which it is one do exist, have happened and have been performed in regular and due time, form and manner as required by law, and that the Bonds of the Series of which this Bond is one do not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the County, by its Board of Supervisors, has caused this Bond to be signed by the Chairman and the Clerk of such Board, by their manual or 3 00 [46 facsimile signatures, and the corporate seal of the County to be impressed or imprinted hereon, and this Bond to be dated as of the day of June, 1992. Clerk of the Board of Supervisors (Seal) Chairman of the Board of Supervisors (FORM OF CERTIFICATE OF AUTHE~CATIO~ Certificate of Authentication This Bond is one of the Bonds delivered pursuant to the within-mentioned proceedings. Signet Trust Company, Registrar By: Authorized Signature Dated: -4- 00 1.47 (FORM OF ASSIGNMENT) ASSIGNMENT For value received, the undersigned hereby sell(s), assign(s) and transfer(s) unto (Please print or type name and address, including postal zip code, of transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER TAX IDENTIFYING NUMBER OF TRANSFEREE: the within Bond and all rights thereunder, and hereby irrevocable constitutes and appoints , attorney, to transfer such Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature(s) Guaranteed NOTICE: Signature (s) must be guaranteed by a member tmn of The New York Stock Exchange, Inc. or a commercial bank or trust company. (Signature(s) of Registered Holder) NOTICE: The signature(s) above must correspond with the name of the Registered Holder as it appears on the front of this Bond in every particular, without alteration or enlarge- ment or any change whatsoever. ssfn:Va92-029 :b :bondform.exb 1001.1 5 O0 148 EXHIBIT C ESCROW DEPOSIT AGREEMENT This Escrow Deposit Agreement, dated as of May 15, 1992 (the "Agreement"), by and between the County of Chesterfield, Virginia (the "County"), and Crestar Bank, Richmond, Virginia, as Escrow Agent (the "~scrow Agent"), WITNESSETH: WHEREAS, the County has heretofore issued $ aggregate principal mount of its County of Chesterfield, Virginia, Water and Sewer Revenue Refunding Bonds, Series 1988 (the "1988 Bonds"); and WHEREAS, concurrently with the execution hereof, the County is issuing $ principal amount of its County of Chesterfield, Virginia, Water and Sewer Revenue Refunding Bonds, Series 1992A (the "1992A Bonds"), the proceeds of which, together with other available moneys, will be used, for the purpose of refunding in advance of their stated maturities the 1988 Bonds maturing on November 1, 1999 through November 1, 2006, both inclusive, and on November 1, 2010, as more fully described in Exhibit I hereto, which are currently outstanding in the principal amount of $27,558,173.20 (the "Refunded Bonds" or the "Refunded 1988 Bonds"); NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants herein set forth, the County and the Escrow Agent agree as follows: SECTION 1. Pledge of 1992A Bond Proceeds and Other Available Moneys. To provide for the payment of the principal and redemption price, as the case may be, of the Refunded Bonds, plus interest on the Refunded Bonds to the redemption date thereof, the County hereby irrevocably deposits with the Escrow Agent, to be held by the Escrow Agent on behalf of the Paying Agent for the Refunded Bonds and in trust for the benefit of the owners of the Refunded Bonds, and irrevocably appropriates and sets aside exclusively for the payment of the Refunded Bonds, subject to the terms and conditions hereinafter set forth, the amount of $ , derived from the proceeds of sale of the 1992A Bonds and other available moneys, being an amount which the County and the Escrow Agent agree is sufficient to purchase the Government Securities (as hereinafter def'med) and to refund and defease the Refunded Bonds. Such amount shall be deposited by the Escrow Agent in the 1992A Escrow Deposit Fund hereinafter referred to and invested and applied in the manner and for the purpose hereinafter set forth. The Escrow Agent acknowledges receipt of the foregoing amounts. SECTION 2. Establishment of Escrow Deposit Fund; Deposit of Government Securities. There is hereby created and established with the Escrow Agent a special and -1- 00 149 irrevocable trust fund designated the "County of Chesterfield, V~rginia, Water and Sewer Revenue Refunding Bonds, Series 1992A, Escrow Deposit Fund" (the "1992A Escrow Deposit Fund") to be held in the custody of the Escrow Agent as a trust fund separate and apart from all other funds of the County or of the Escrow Agent, for the benefit of the owners of the Refunded Bonds. Ail moneys and Government Securities set aside and held in trust in the 1992A Escrow Deposit Fund shall be applied to and used solely for the payment of the Refunded Bonds (including interest and redemption premium thereon). SECTION 3. Purchase of Government Securities; Special Reinvestment. (a) The County hereby directs the Escrow Agent to purchase on ,1992, being the date of the delivery of and payment for the 1992A Bonds, with $ of the amount held in the 1992A Escrow Deposit Fund, certain direct non-callable obligations of the United States of America, as set forth in Exhibit II hereto. The securities described in Exhibit II hereto are herein referred to as the "Government Securities". The amount of $ remaining on deposit in the 1992A Escrow Deposit Fund shall be held as cash and not invested. (b) The County and the Escrow Agent hereby acknowledge receipt from Ernst & Young of a certification that the Government Securities mature as to principal and interest (without regard to any reinvestment of investment earnings on such Government Securities) in such amounts and at such times as will assure, together with any moneys held in the 1992A Escrow Deposit Fund, the availability of sufficient moneys: (i) to pay when due the interest on the Refunded 1988 Bonds to November 1, 1998; and (ii) to pay the redemption prices of the Refunded 1988 Bonds which are to be redeemed on November 1, 1998 at a redemption price (a) with respect to the current coupon bonds equal to % of the respective principal amounts of the Refunded 1988 Bonds and (b) with respect to the capital appreciation bonds equal to __ % of the respective accreted values of the Refunded 1988 Bonds. (c) The County and the Escrow Agent hereby agree that, in reliance upon the certification provided by Ernst & Young pursuant to Section 3(b) hereof, the Government Securities mature as to principal and interest (without regard to any reinvestment of investment earnings on such Government Securities) in such amounts and at such times as will assure, together with any moneys held in the 1992A Escrow Deposit Fund, the availability of sufficient moneys: (i) to pay when due the interest on the Refunded 1988 Bonds to November 1, 1998; and (ii) to pay the redemption prices of the Refunded 1988 Bonds, which are to be redeemed on November 1, 1988 at the redemption prices referred to in Section 3(b)(ii) hereof. -2- O0 lSO (d) The Escrow Agent shall reinvest the income received from the principal or interest payments on the Government Securities not then need to pay the principal of, premium, if any, and interest on the Refunded Bonds in United States Treasury Obligations - State and Local Government Series, beating interest at a rate of zero per centum (0%) per annum (the "Zero Special Treasury Obligations"), as more particularly described, and in accordance with the schedule set forth, in Exhibit V attached hereto. The County hereby authorizes and directs the Escrow Agent to enter subscriptions for such Zero Special Treasury Obligations from time to time for and in the name of the County. The Escrow Agent shall subscribe for such Zero Special Treasury Obligations in a timely manner in order to ensure that such obligations are on deposit in the 1992A Escrow Deposit Fund at the time and in the amounts required. In the event that such Zero Special Treasury Obligations shall not be available at the time or in the amounts required, the Escrow Agent shall not reinvest such income; provided, however, that at the written direction of the County, the Escrow Agent shall reinvest such income in Investment Securities as defined in clause (i) of the defnfition thereof contained in Section 1.1 of the Bond Resolution (as hereinafter defined) having a yield not greater than the yield permitted under Section 148 of the Internal Revenue Code of 1986 (the "Code"), and the regulations promulgated under such Section 148, as each is then in effect, and shall be entitled to rely exclusively upon an unqualified opinion of a nationally recognized bond counsel with respect to compliance with the Code and such regulations, which opinion shall accompany the aforementioned written dkection of the County. SECTION 4. Substitution of Government Securities. (a) Moneys deposited with the Escrow Agent as described in Section 1 hereof, and used to purchase the Government Securities, may, at the written direction of the County, be reinvested in direct noncallable obligations of, or direct noncallable nonprepayable obligations the principal of and interest on which are guaranteed by, the United States of America (the "Substitute Government Securities"), maturing as to principal and interest in such amounts and at such times as will assure the availability of sufficient moneys to make payment of the principal and/or redemption prices, as the case may be, of the Refunded Bonds, plus interest on such Refunded Bonds to the respective maturity or redemption dates thereof, all as set forth in Section 3 hereof; provided, however, that concurrently with such written direction, the County shall provide the Escrow Agent with (i) a certification of an independent certified public accountant that such reinvestment complies with this Agreement, including in particular Section 3 and this Section 4(a) of this Agreement, and assuming that the earnings derived from the Substitute Government Securities either are not reinvested or are reinvested at a rate of 0% per annum, setting forth in reasonable detail the calculations underlying such certification, and (ii) an unqualified opinion of nationally recognized bond counsel to the effect that such reinvestment (1) will not cause any 1992 Bond to be subjected to treatment as an "arbitrage bond", as defined in Section 148 of the Code and the regulations adopted under such Section 148, as each is then in effect, and (2) is otherwise in compliance with this Agreement. (b) Any reinvestment authorized by this Section 4 shall be accomplished by sale, transfer, request for redemption or other disposition of all or a portion of the Government Securities then held in the 1992A Escrow Deposit Fund with the proceeds thereof being applied simultaneously to the purchase of Substitute Government Securities, all as specified in the written direction of the County. -3- O0 SECTION 5. Evidence of Transactions; Annual Report. (a) The Escrow Agent shall deliver to the Treasurer of the County a transaction statement describing each transaction relating to the 1992A Escrow Deposit Fund. Such transaction statement shall be prepared and delivered to the Treasurer of the County on a lnonthly basis. (b) On or before August 1 of each year, the Escrow Agent shall deliver to such Treasurer a statement describing the Government Securities held by it in the 1992A Escrow Deposit Fund, including the income earned therefrom and the maturities thereof, and any withdrawals of money from the 1992A Escrow Deposit Fund for the year ended June 30 of such SECTION 6. Payment of Principal and Redemption Prices of and Interest on Refunded Bonds. On the respective interest payment dates and on the redemption date for the Refunded Bonds, the Escrow Agent shall transfer to the Paying Agent for the Refunded Bonds, sufficient moneys, as set forth in Appendix A hereto, from the matured principal of and interest on the Government Securities held in the 1992A Escrow Deposit Fund, or other moneys or Substitute Government Securities held in such Fund, for the payment of the principal and/or redemption prices and the interest on the Refunded Bonds becoming due on such respective interest payment or redemption dates. The Trustee and Paying Agent for the Refunded Bonds is Signet Trust Company. SECTION 7. Irrevocable Deposit; Express Lien. Subject to the terms hereof and except as otherwise provided herein, the deposit of the moneys, Government Securities and any Substitute Government Securities in the 1992A Escrow Deposit Fund shall constitute an irrevocable deposit in trust solely for the payment of the Refunded Bonds (including premium and interest thereon) pursuant to the terms of the Bond Resolution (as hereinafter defined) and this Agreement. The owners of the Refunded Bonds shall have an express lien on the principal of and interest on the Government Securities, and on any moneys or Substitute Government Securities on deposit in the 1992A Escrow Deposit Fund, until the proceeds thereof are paid out, used or applied in accordance with this Agreement. SECTION 8. Notices. (a) The Escrow Agent shall, on behalf of the Trustee and without further authorization or direction, cause notice of the issuance of the Refunding Bonds in substantially the form attached hereto as Exhibit llI, which form has been prepared in accordance with clause (iii) of the second sentence of Section 12.1(b) of the Bond Resolution, to be published, at least twice as soon as practicable but in no case later than thirty (30) days after the delivery of the 1992A Bonds, at an interval of not less than seven (7) days between publications in each of the two newspapers or financial journals set forth below, both of which are printed in the English language and customarily published (except in the case of legal holidays) at least once a day for at least five (5) days in each calendar week. Such publications shall be made in The Richmond Times-Dispatch, a newspaper or f'mancial journal of general circulation in the County, and in The Bond Buyer, a newspaper or £mancial journal of general circulation in the Borough of Manhattan, City and State of New York. (b) The County hereby designates the Refunded 1988 Bonds for redemption on November 1, 1998. The Escrow Agent shall give, or shall cause the Trustee to give, notice of the redemption of the Refunded 1988 Bonds, in the name and on behalf of the Trustee, such -4- O0 ! 52 notice to be in substantially the form attached hereto as Exhibit IV, which form has been prepared in accordance with Section 6.5 of the Bond Resolution, such notice to be mailed by first class mail, postage prepaid, not less than thirty (30) nor more than sixty (60) days prior to November 1, 1998 to the owner of each Refunded 1988 Bond at such owner's address as it appears on the registration books kept by the Trustee. (c) The instructions set forth in subsections (a) and (b) of this Section 8.1 shall be irrevocable. SECTION 9. Liability of Escrow Agent. (a) The liability of the Escrow Agent to make the payments required by this Agreement with respect to the Refunded Bonds shall be limited to the funds deposited with it hereunder and the Government Securities and any Substitute Government Securities. The Escrow Agent shall not be liable for any loss resulting from any investment made pursuant to this Agreement in compliance with the provisions hereof. (b) In the event of the Escrow Agent's failure to account for any of the Government Securities, Substitute Government Securities or funds received by it, such Government Securities, Substitute Government Securities or funds shall be and remain the property of the County in trust for the owners of the Refunded Bonds as herein provided, and if for any reason such Government Securities, Substitute Government Securities and funds cannot be identified, the assets of the Escrow Agent shall be impressed with a trust for the amount thereof and, to the fullest extent permitted by law, the County shall be entitled to a preferred claim upon such assets until identification of such Government Securities, Substitute Government Securities and funds is made. SECTION 10. Termination. (a) This Agreement shall terminate upon the payment by the Escrow Agent to the Paying Agent for the Refunded Bonds of all moneys required by Section 6 hereof to be paid to such Paying Agent to provide for the payment of the redemption prices of and interest on the Refunded Bonds. (b) Any moneys remaining in the 1992A Escrow Deposit Fund after all payments required by Section 6 hereof to be paid by the Escrow Agent to the Paying Agent for the Refunded Bonds shall have been made shall be paid to the County by the Escrow Agent, without further authorization and direction. SECTION 11. Fees of Escrow Agent. (a) The County shall pay all necessary and proper fees, compensation and expenses of the Escrow Agent and any Paying Agent pertaining to the Refunded Bonds, including, without limitation, reasonable compensation for all services rendered in the execution, exercise and performance of any of the duties to be exercised or performed pursuant to the provisions of this Agreement, and all expenses, disbursements and advances incurred in accordance with any provisions of this Agreement (including the reasonable compensation and expenses and disbursements of its counsel). (b) To the extent not paid out of the proceeds of the sale of the Refunding Bonds or other available moneys on the date of delivery of the Refunding Bonds, the County will pay the amounts described in Section il(a) when billed. -5- O0 153 (c) The Escrow Agent acknowledges that the above-specified provisions for payment are satisfactory to it. (d) In no event shall the mounts described in Section ll(a) be payable from the moneys or Government Securities or Substitute Government Securities on deposit in the 1992A Escrow Deposit Fund. SECTION 12. Duties of Escrow Agent; Evidence Upon Which Escrow Agent May Act; Replacement of Escrow Agent. (a) The Escrow Agent agrees to perform all the duties and obligations imposed upon it by this Agreement as well as those provisions of the Bond Resolution and the Fifth Supplemental Bond Resolution applicable to the performance of this Agreement. The Escrow Agent acknowledges receipt of certified copies of the Bond Resolution and the Fifth Supplemental Bond Resolution. (b) Subject to the provisions of Section 12(a), the Escrow Agent may conclusively rely, as to the correctness of statements, conclusions and opinions therein, upon any certificate, report, consent, notice, appointment or other direction made or given by the County to the Escrow Agent which shall be deemed to have been sufficiently made or given by the proper party or parties if executed on behalf of the County by the County Administrator of the County. (c) If the Escrow Agent shall cease to be eligible to act as Escrow Agent hereunder or shall resign as Escrow Agent hereunder, the Escrow Agent, if requested by the County, shall execute such agreements, assignments and other documents as shall be necessary to vest in a successor escrow agent all the title, rights, duties and obligations of the Escrow Agent under this Agreement and in the Government Securities, Substitute Government Securities and other funds deposited or to be deposited or received by the Escrow Agent under this Agreement. Upon acceptance by such successor escrow agent of the trusts created hereunder, all further title, rights, duties and obligations of the Escrow Agent under this Agreement shall cease and determine and be discharged, except for rights or liabilities theretofore accmed to or by the County or the Escrow Agent. SECTION 13. Incorporation by Reference. The applicable and necessary provisions of the Bond Resolution adopted by the Board of Supervisors of the County on July 24, 1985 (the "Bond Resolution") and the Fifth Supplemental Bond Resolution adopted by the Board of Supervisors of the County on May 13, 1992 are incorporated herein by reference. SECTION 14. Arbitrage Covenant. Any other provision of this Agreement to the contrary notwithstanding, the County hereby covenants that it will not use, or permit the use of, any proceeds of the Refunded Bonds or the 1992A Bonds, or of moneys or funds held by the Escrow Agent under this Agreement that may be deemed to be the proceeds of the Refunded Bonds or the 1992A Bonds pursuant to Section 148 of the and regulations adopted under such Section 148, as each is then in effect, in a manner that would cause any of the Refunded Bonds or the 1992A Bonds to be subjected to treatment under such Section 148 as an "arbitrage bond", and to that end the County shall comply with applicable regulations adopted under such Section 148. -6- O0 1.154 SECTION 15. Benefit of Agreement; Amendments. (a) This Agreement is made for the benefit of the County and the owners from time to time of the Refunded Bonds except as otherwise expressly provided herein. This Agreement shall not be repealed, revoked, altered or amended without the written consent of all such owners and the written consent of the Escrow Agent; provided, however, that the County and the Escrow Agent may, without the consent of, or notice to, such owners, enter into such agreements supplemental to this Agreement as shall not adversely affect the fights of such owners and as shall not be inconsistent with the terms and provisions of this Agreement, for any one or more of the following purposes: (i) to cure any ambiguity or formal defect or omission in this Agreement; (ii) to grant to, or confer upon, the Escrow Agent for the benefit of such owners any additional rights, remedies, powers or authority that may lawfully be granted to, or conferred upon, such owners or the Escrow Agent; and (iii) to subject to this Agreement additional funds, securities or properties. In the event this Agreement shall be supplemented by an agreement supplemental hereto in accordance with the provisions of the immediately preceding sentence, the County shall notify, in writing, each rating agency which shall have been theretofore requested to rate the Refunded Bonds of the proposed amendment to this Agreement contemplated in such supplemental agreement prior to the effective date of such amendment, and shall deliver to each such rating agency a copy of such agreement supplemental hereto within thirty (30) days after the execution and delivery thereof. In the event that Moody's Investors Service is to be notified pursuant to this Section 15 or Section 16, such notice should be addressed to: Moody's Investors Service, Public Finance Rating Desk/Refunded Bonds, 99 Church Street, New York, New York 10007. In the event that Standard & Poor's Corporation is to be notified pursuant to this Section 15 or Section 16, such notice should be addressed to: Standard & Poor's Corporation, 25 Broadway, New York, New York 10004. (b) The Escrow Agent shall be entitled to rely exclusively upon an unqualified opinion of counsel of recognized standing in the field of law relating to municipal bonds with respect to compliance with this Section 15, including (i) the extent, if any, to which any change, modification or addition affects the rights of the owners of the Refunded Bonds and the 1992A Bonds, and (ii) the extent, if any, to which any instrument executed hereunder complies with the conditions and provisions of this Section 15. SECTION 16. Severability. (a) If any one or more of the covenants or agreements provided in this Agreement on the part of the County or the Escrow Agent to be performed should be determined by a court of competent jurisdiction to be contrary to law, such covenant or covenants, or such agreement or agreements, or such portions thereof, shall be deemed severable from the remaining covenants and agreements or portions thereof provided in this Agreement and the invalidity thereof shall in no way affect the validity of other provisions of this Agreement or of the Refunded Bonds or of the 1992A Bonds, and the owners of the Refunded Bonds and of the 1992A Bonds shall retain all the rights and benefits accorded them hereunder and under applicable provisions of law. -7- O0 ! 55 (b) If any provision of this Agreement shall be held or deemed to be or shall, in fact, be inoperative or unenforceable or invalid as applied in any particular case in any jurisdiction or jurisdictions or in all jurisdictions, or in all cases because it conflicts with any constitution or statute or rule of public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question, inoperative or unenforceable or invalid in any other case or circumstance, or of rendering any other provision or provisions herein contained inoperative or unenforceable or invalid to any extent whatsoever. SECTION 17. Law and Place of Enforcement of this Agreement. This Agreement has been made in the Commonwealth of Virginia and shall be construed and interpreted in accordance with the laws of the Commonwealth of Virginia and any suits and actions arising out of this Agreement shall be instituted in a federal court in the Eastem District of Virginia or in a Circuit Court in Chesterfield County, Virginia. SECTION 18. Counterparts. This Agreement may be executed in several counterparts, all or any of which shall be regarded for all purposes as one original and shall constitute and be but one and the same instrument. SECTION 19. Section Headings. The headings of the several sections hereof shall be solely for convenience of reference and shall not affect the meaning, construction, interpretation or effect of this Agreement. -8- O0 156 IN WITNESS WHEREOF, the parties have each caused this Agreement to be executed by their duly authorized officers and attested as of the date first above written. COUNTY OF CHESTEltFI~LD, VIRGINIA By: Title: County Administrator CRESTAR BANK, as Escrow Agent By: Title: ssfn:va92-O29:b :esc-dep.agr 1002.1 -9- O0 157 EXHIBIT I DESCRIPTION OF REFUNDED BONDS Date of Maturity Principal Interest (November 1) Amount Rate CUSIP Number ssfn:va92-029:b :exh-i.exia 1003.1 I-1 O0 158 GOVERNMENT SECURITIES United States Treasury Notes - State and Local Government Series Principal Amount Date Interest Issue Maturity Rate Date Date First Interest Payment United States Treasury Bill and Notes Principal Interest Purchase Maturity Accrued Amount Rate Date Date Price Interest Total Cost (a) United States Treasury Bill United States Treasury Note ssfn:va92-029:b :exh-ii.eda 1004.1 II-1 O0 1.59 EXHIBIT HI NOTICE OF ISSUANCE OF REFUNDING BONDS COUNTY OF CHESTERFIELD, VIRGINIA, WATER AND SEWER REVENUE BONDS, SERW~; 1988, MATURING ON NOVEMBER 1, 1999 THROUGH 2006, BOTH INCLUSIVE, AND ON NOVEMBER 1, 2010 NOTICE IS HERERY GIVEN that the County of Chesterfield, Virginia (the "County") on , 1992, issued its County of Chesterfield, Virginia, Water and Sewer Revenue Refunding Bonds, Series 1992A (the "1992A Bonds"), for the purpose of refunding in advance of their stated maturities its County of Chesterfield, Virginia, Water and Sewer Revenue Refunding Bonds, Series 1988, maturing on November 1 in each of the years 1999 through 2006, both inclusive and 2010 (the "Refunded Bonds"), which are outstanding as of the date hereof in the amount of $27,558,173.20. A portion of the proceeds of the 1992 Bonds, together with other available moneys, have been deposited with Crestar Bank, Richmond, Virginia, as Escrow Agent (the "Escrow Agent"), to be held in trust and have been invested in certain non-callable direct obligations of the United States of America, all as set forth in an Escrow Deposit Agreement, dated as of May 15, 1992, by and between the County of Chesterfield, Virginia, and the Escrow Agent. The proceeds of the 1992A Bonds and other available moneys so deposited with the Escrow Agent under such Escrow Deposit Agreement are in such principal amount and invested in such obligations as will assure sufficient moneys (i) to pay when due the interest on the Refunded Bonds to November 1, 1998; and (ii) to pay the redemption prices of the Refunded Bonds maturing on November 1 in each of the years 1999 through 2006, both inclusive, and 2010, which are to be redeemed on November 1, 1998 at a redemption price equal to __ % of the respective principal amounts of the Current Coupon Bonds and __ % of the respective accreted values of the Capital Appreciation Bonds, together with the interest accrued thereon to November 1, 1998. The maturity dates, principal amounts, interest rates and CUSIP Numbers for the Refunded Bonds are as follows: Date of Maturity Principal Interest (November 1) Amount Rate CUSIP Number Ill-1 O0 160 This notice and the information contained herein are provided solely for the information of the owners of the Refunded Bonds. There is no need for the owners of the Refunded Bonds to take any action with respect to their Refunded Bonds at the present time. This notice is being given in accordance with instructions from the County and is being given in the name of the County and Signet Trust company, as Trustee for the owners of the Refunded Bonds. Dated: ,, 1992 CRESTAR BANK, AS ESCROW AGENT FOR THE COUNTY OF CI-IF_,S~, VIRGINIA ssfn:va924Y29:b :exh-iii.eda 1005.1 m-2 O0 EXHIBIT IV NOTICE OF REDEMPTION COUNTY OF CHESTERFIELD, VIRGINIA, WATER AND SEWER REVENUE REFUNDING BONDS, SERIES 1988, MATURING ON NOVEMBER 1, 1999 THROUGH 2006, BOTH INCLUSIVE, AND ON NOVEMBER 1, 2010 NOTICE IS HEREBY GIVEN that Signet Trust Company, as Trustee (the "Tmstee"), under a Bond Resolution, adopted on July 24, 1985, as supplemented by a Fifth Supplemental Bond Resolution, adopted on May 13, 1992 by the Board of Supervisors of the County of Chesterfield, Virginia, has designated for redemption and will redeem and pay on November 1, 1998, the above-referenced Bonds, maturing on November 1 in each of the years 1999 through 2006, both inclusive, and 2010. The maturity dates, principal amounts, interest rates and CUSIP Numbers for such Bonds to be redeemed are as follows: Date of Maturity Principal Interest (November 1) Amount Rate CUSIP Number The Bonds specified above will be redeemed on November 1, 1998, upon presentation and surrender of such Bonds at the principal corporate trust office of Signet Trust Company, in the City of Richmond, Virginia, Paying Agent for such Bonds. On and after November 1, 1998 interest will cease to accrue on the Bonds specified herein. The Current Coupon Bonds will be redeemed at a redemption price equal to ~% of the principal amount thereof together with the interest accrued thereon to November 1, 1998. The Capital Appreciation Bonds will be redeemed at a redemption price equal to % of the accreted value thereof on November 1, 1998. [Under federal law, the paying agent for the Bonds specified above for redemption may be required to withhold 20 % of payments to owners presenting such Bonds for redemption if such owners have failed to furnish a taxpayer identification number to such paying agent IV-1 O0 .Jk 62 certified to be correct under penalties of perjury (or that such holder is awaiting a taxpayer identification number). Certification may be made on Internal Revenue Service Form W-9, which may be obtained from the Internal Revenue Service or most local banks and brokers. Failure of an owner to complete and return such certification to such Paying Agent, at the address indicated above for presentation and surrender of such Bonds, may result in backup withholding of 20 % of any payment of redemption price to be made to such owner.]* Dated: [Not less than 30 days nor more than 60 days prior to November 1, 1998] SIGNET TRUST COMPANY, AS TRUSTEE *To be revised as appropriate at the time of mailing. ssfn:va92-029 :b :exhiv.eda 1007.1 IV-2 0 0 .t 6 ;3 EXHIBIT V ZERO SPECIAL TREASURY OBLIGATIONS Principal Interest Issue Maturity Amount Rate Date Date ssfn:va924)29:b :exh-v.eda 1006.1 V-1 O0 ~ Affiliate of kaedia General P,O, BOX C 32333 RICHMOND, VIRGINIA 23293.-0001 80¥-649-6000 % casa D SCouNT ~ ~A D o~,~ OR BEFORE 15th OF THE SUCCEED NGi~.IONTH NO DISCOUNT ALLOWED THEREAFTER