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01-14-1998 MinutesBOARD OF SUPERVISORS MINUTES January 14, 1998 Supervisors in Attendance: Mrs. Renny B. Humphrey, Chairman Mr. Arthur S. Warren, Vice Chrm. Mr. Edward B. Barber Mr. Harry G. Daniel Mr. J. L. McHale, III Mr. Lane B. Ramsey County Administrator Staff in Attendance: Mr. William Bosher, School Board Superintendent Mr. Craig Bryant, Dir., UtilitieS Ms. Marilyn Cole, Asst. County Administrator Mr. Richard Cordle, Treasurer Ms. Becky Dickson, Acting Dir., Budget & Management Chief F. W. Dolezal, Fire Department Mr. William D. Dupler, Building Official Ms. Karla Gerner, Dir., Human Resource Mgmt. Mr. Michael Golden, Dir., Parks and Recreation Mr. Bradford S. Hammer, Deputy Co. Admin., Human Services Mr Russell Harris, County Ombudsman Ms Tammy D. Haskins, Acting Clerk to the Board Mr H. Edward James, Dir., Purchasing Mr Donald Kappel, Dir., Public Affairs Mr Lou Lassiter, Dir., Internal Audit Dr Butt Lowe, Dir., Mental Health/Retard. Ms Mary Lou Lyle, Dir., Accounting Mr R. John McCracken, Dir., Transportation Lt Col. Dennis McDonald, Police Department Mr Richard M. McElfish, Dir., Env. Engineering Mr Gary R. McLaren, Dir., Economic DevelopMent Mr Steven L. Micas, County Attorney 98-1 / 4/98 Mr. Francis M. Pitaro, Dir., General Services Ms. Karen F. Russell, Risk Manager Mr. James J. L. Stegmaier, Deputy Co. Admin., Management Services Mr. M. D. Stith, Jr., Deputy Co. Admin., Community Development Ms. Judy L. Worthington, Circuit Court Clerk Mr. Ramsey called the regularly scheduled meeting to order at 3:10 p.m. 1. ORGANIZATIONAL MEETING 1.A. ELECTION OF CHAIRMAN AND VICE CHAIRMAN Mr. Ramsey expressed appreciation to the Board members for their leadership and a tremendously successful 1997. He stated the first order of business would be the election of Chairman and Vice Chairman. He noted nominations do not require a second and the first nominee to receive a majority vote will be Chairman for 1998. Mr. Warren commended the Board on a successful 1997 year and acknowledged its tremendous cooperation with County citizens and employees and its outstanding relationship with the School Board. Mr. Warren then nominated Mrs. Humphrey to serve as Chairman for 1998. Mr. Daniel stated that when he ran for the Board of Supervisors eighteen years ago, Mrs. Humphrey and her family supported him. He further stated that the Humphrey family has a great history in Chesterfield County and that he supports the nomination of Mrs. Humphrey as Chairman for 1998. Nominations for election of Chairman of the Board of Supervisors were closed. The vote on election of Mrs. Humphrey to serve as Chairman of the Board of Supervisors for 1998 was as follows: Mr. McHale : Aye. Mr. Daniel : Aye. Mr. Barber : Aye. Mr. Warren : Aye. Mrs. Humphrey: Aye. Mrs. Humphrey was elected as Chairman. 98-2 /14/98 Mr. Ramsey congratulated Mrs. Humphrey on being elected as Chairman for 1998 and presented her with a bouquet of roses. A standing ovation followed. Mrs. Humphrey expressed appreciation to everyone for their leadership and support. She noted that several honored guests were present at the meeting and then recognized Mrs. Arline McGuire, past County Treasurer, and stated that Mrs. McGuire had a very positive impact on a variety of young people under her leadership. She expressed appreciation to Mrs. McGuire for her leadership and her teachings regarding public service. She noted that two individuals who served in the era of Mrs. McGuire were Ms. Karen West who became the first African-American policewoman in Chesterfield County and Dr. Lisa Friend, who is now the Chief Medical Officer for the Richmond City Health Department. She then recognized Mrs. Joan Girone, former Midlothian District Supervisor and the first woman ever elected to serve on the Chesterfield County Board of Supervisors. She stated that Mrs. Girone served the County with distinction and that she is currently a very active member of the business community. She then recognized Mrs. Judy Worthington, Clerk of Circuit Court, commended her on her outstanding service. She expressed appreciation to her family and friends who were present at the meeting and also recognized Dr. Frederick Nicholas, former Matoaca District Supervisor, who was also present at the meeting. She recognized Mr. Irvin G. Horner, former Clover Hill District Supervisor and his wife, who were present at the meeting. She noted that Mr. Horner served the longest tenure of any other Chesterfield County Board member -- serving twenty-seven years. She expressed appreciation to her mother and husband for their support. She recognized Msf Erin Doss, President, and Ms. Terry Sheets, Acting Director of Woodlake, who were present at the meeting, and expressed appreciation to Woodlake for their support. She stated that the Board has been very positive in how it has approached issues facing the County and that the Board will continue to serve and meet the needs of the citizens. She acknowledged the achievement of the passing of the recent Bond referendum and stated that the County wants to be the safest community across America, comparable to its size. She stated that this Board has taken a strong approach regarding domestic violence. She further stated that the County and School Board will continue to have a good working relationship. She stated that the Board is committed to the future in the planning of Route 288. She further stated that Standard and Poors awarded Chesterfield County with a third Triple AAA Bond Rating and acknowledged this tremendous accomplishment. She stated that the Board of Supervisors will continue to be committed to fiscal responsibility and managing the future growth of the County. She expressed appreciation for everyone who has shared this honor with her and to the Board for their confidence in nominating her as Chairman for 1998. She stated that the Board had a very successful 1997 year and worked well together as a team and that she looks forward to a very successful 1998 year. Mr. Daniel nominated Mr. Warren to serve as Vice Chairman for 1998. 98 -3 Nominations for election of Vice Chairman of the Board of Supervisors were closed. The vote on election of Mr. Warren to serve as Vice Chairman of the Board of Supervisors for 1998 was as follows: Mr. McHale : Aye. Mr. Daniel : Aye. Mr. Barber : Aye. Mrs. Humphrey: Aye. Mr. Warren : Aye. Mr. Warren was elected Vice Chairman. Mr. Warren expressed appreciation for the Board's confidence in his ability to serve as Vice Chairman. He stated that 1997 was a successful year and expressed appreciation for Mrs. Humphrey's past support. He stated that he will support Mrs. Humphrey and that he looks forward to more successes in the upcoming year. 1.B. CONSIDERATION OF BOARD APPOINTMENTS On motion of Mr. Barber, seconded by Mr. McHale, the Board suspended its rules at this time to allow simultaneous nomination/appointment/reappointmentof members to serve on the Tri-Cities Area Metropolitan Planning Organization; the Metropolitan Richmond Convention & Visitors Bureau; the Capital Area Training Consortium; the Carpenter Center Board of Directors; and the Maymont Foundation. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. O TRI-CITIES AREA METROPOLITAN PLANNING ORGANIZATION On motion of Mr. Barber, seconded by Mr. McHale, the Board simultaneously nominated/reappointed Mrs. Renny B. Humphrey to serve on the Tri-Cities Area Metropolitan Planning Organization whose term is effective immediately and will expire December 31, 1998. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. o METROPOLITAN RICHMOND CONVENTION & VISITORS BUREAU (M_RC&VB) On motion of Mr. Barber, seconded by Mr. McHale, the Board simultaneously nominated/reappointed Mrs. Renny B. Humphrey to serve on the Metropolitan Richmond Convention & Visitors Bureau (MRC&VB) whose term is effective immediately and will expire December 31, 1998. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 98-4 1/14/98 o CAPITAL AREA TRAINING CONSORTIUM On motion of Mr. Barber, seconded by Mr. McHale, the Board simultaneously nominated/appointed Mr. Bradford Hammer to serve on the Capital Area Training Consortium whose term is at the pleasure of the Board. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. O CARPENTER CENTER BOARD OF DIRECTORS On motion of Mr. Barber, seconded by Mr. McHale, the Board simultaneously nominated/reappointed Mr. J. L. McHale, III to serve on the Carpenter Center Board of Directors whose term is at the pleasure of the Board. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. o MAYMONT FOUNDATION On motion of Mr. Barber, seconded by Mr. McHale, the Board simultaneously nominated/reappointed Mr. Harry G. Daniel to serve on the Maymont Foundation whose term is effective immediately and will expire December 31, 1998. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. Mrs. Humphrey confirmed the following committee appointments, as amended. o BUDGET AND AUDIT COMMITTEE Mr. McHale and Mr. Daniel (Unspecified Term) O COUNTY EMPLOYEE BENEFITS COMMITTEE Mrs. Humphrey and Mr. Barber (Unspecified Term) O COUNTY OFFICE SPACE NEEDS, COURTS SPACE, AND FAMILY COURTS COMMITTEE Mr. Barber and Mr. McHale (Unspecified Term) (It was generally agreed to combine the County Office Space Needs Committee and the Courts Space and Family Courts Committee.) O SCHOOL BOARD LIAISON COMMITTER Mr. Warren and Mr. Daniel (Unspecified Term) 98 -5 o SOLID WASTE ADVISORY COMMITTEE Mrs. Humphrey (Term would be a one year term beginning January 1, expiring December 31, 1998) 1998 and loCo ADOPTION OF MEETING PROCEDURES GOVERNING BOARD OF SUPERVISORS Mr. Micas stated that each year the Board of Supervisors adopts procedures governing meetings at the organizational meeting in January. He further stated that changes have been recommended by Planning Department staff that would request consent zoning cases be heard earlier in the evening portion of the Agenda. He stated that staff recommends approval of the changes. After brief discussion, on motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the meeting Procedures Governing the Board of Supervisors Meetings for 1998, as amended. (It is noted a copy of the 1998 Procedures of the Board of Supervisors is filed with the papers of this Board.) Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. I.D. SETTING OF REGULAR MEETING DATES FOR 1998 Mr. Ramsey reviewed the regular meeting dates for 1998 and stated that the recommended changes include all meetings from January to August would begin at 3:00 p.m. and that all meetings from September to November, 1998 would begin at 4:00 p.m. He further stated that the December meeting has been recommended for the third Wednesday of the month, rather than the second and that meeting would begin at 3:00 p.m. He further stated that the November meeting is recommended for November !2th, due to November llth being Veterans Day Holiday and that the second meeting in November would be held two days before Thanksgiving rather than the.eve of Thanksgiving. He stated that the one meeting in May and June would be held the fourth Wednesday of the month. He then reviewed special meeting dates for 1998 and stated that there may be Board members requesting a change in the meeting schedule and could amend the schedule at this time. Mr. McHate and Mr. Warren requested that the July 22, 1998 meeting be changed to July 29th due to conflicts in their schedule. After brief discussion it was agreed to start all meetings at 4:00 p.m. and adjust the time of meetings as necessary, depending on the length of the Agenda and to change the meeting date in July to July 29, 1998. 98-6 1/14/98 On motion of Mr. Barber, seconded by Mr. Warren, the Board adopted the recommended regular and special meeting date schedule for 1998, as follows: January 14, 1998 at 4:00 p.m. January 28, 1998 at 4:00 p.m. February 11, 1998 at 4:00 p.m. February 25, 1998 at 4:00 p.m. March 11, 1998 at 4:00 p.m. March 25, 1998 at 4:00 p.m. April 8, 1998 at 4:00 p.m. April 22, 1998 at 4:00 p.m. May 27, 1998 at 4:00 p.m. June 24, 1998 at 4:00 p.m. July 29, 1998 at 4:00 p.m. August 26, 1998 at 4:00 p.m. September 9, 1998 at 4:00 p.m. September 23, 1998 at 4:00 p.m. October 14, 1998 at 4:00 p.m. October 28, 1998 at 4:00 p.m. November 12, 1998 at 4:00 p.m.* November 24, 1998 at 4:00 p.m.** December 16, 1998 at 4:00 p.m.*** Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 2. APPROVAL OF MINUTES 2.A. DECEMBER 10, 1997 On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the minutes of December 10, 1997, as submitted. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. 2.B. DECEMBER 22, 1997 On motion of Mr. McHale, seconded by Mr. Barber, the Board approved the minutes of December 22, 1997, as submitted. Ayes: Humphrey, Warren, Barber, and McHale. Abstention: Mr. Daniel. 98 -7 1/ 4/98 (It is noted that Mr. Daniel abstained because he did not attend the meeting.) 3. COUNTY ADMINISTRATOR'S COMMENTS Mr. Ramsey stated that each year the Federal Emergency Management Agency (FEMA) produces a publication titled "Partnerships In Preparedness" which spotlights programs from around the country that best promote emergency preparedness. He further stated that there were only nine programs that were rated superior this year and only three of those involved Fire Departments. He stated that the County's Fire Department was one of the three, joining Los Angeles City and North Lake Tahoe. He further stated that the County's Program is the Police-Fire Incident Management Course developed at the Eanes-Pittman Public Safety Training Center. He recognized Mr. Addison Slayton, State Coordinator of Emergency Services, who was present at the meeting to present the FEMA ~Partnerships In Preparedness" Award. He then introduced Mr. Slayton. Mr. Slayton commended Mrs. Humphrey on her election as Chairman. He briefly reviewed the process of recognizing programs that best promote emergency preparedness. He stated that the program has since been adopted by the International Association of Fire Chiefs and the International Association of Chiefs of Police as a joint venture. He then briefly reviewed the Police-Fire Incident Management Course program. He presented the FEMA "Partnerships in Preparedness" Award to Chief Dolezal and Lieutenant Colonel McDonald, accompanied by several Police and Fire Department staff. Mr. Warren stated that he has worked for Mr. Slayton for the past fifteen years and for the Virginia Department of Emergency Services and that they look towards a close working relationships with local governments throughout Virginia. He commended them on their efforts and leadership and recognized Mr. Wallace Twigg, Regional Coordinator for the Virginia Department of Emergency Services, who was also present at the meeting. Chief Dolezat expressed appreciation for the recognition. He then presented information about another Fire Department initiative. He stated that the Leadership Metro Richmond (LMR) is a year long leadership program that brings together individuals from the public and private sector to develop leadership skills and build networks for community problem- solving. He then introduced Deputy Fire Marshal Mark Nugent. Deputy Fire Marshal Nugent stated that eighteen County and School Board employees have participated in Leadership Metro Richmond and that LMR chooses projects from different community organizations as class projects for participants. He further stated that LMR selected eight of twenty projects that were proposed from the metropolitan area this year and that one of the projects selected was the County's Fire Department project to establish a metro approach for placing at least one operating 1/14/98 98-8 smoke detector in every home in the area. He further stated that the County's Fire and Life Safety Division prepared the proposal and will act as the focal point with Leadership Metro Richmond. He noted that this is the first year a Chesterfield project has been selected and that the County actually had two projects selected -- the other project being from the Chesterfield-Colonial heights Sexual Abuse Task Force which will develop a plan that will result in more foster care homes open to children that are victims of sexual abuse. He expressed appreciation to the Board for their continued support. 4, BOARD COMMITTEE REPORTS There were no Board Committee Reports at this time. REOUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. McHale, seconded by Mr. Daniel, the Board added an attachment to Item 17.D., Public Hearing to Consider an Amendment to the FY97-98 Budget to Appropriate $13,225,000 in Payment to an Escrow Agent Which Will Be Used to Refund 1991, 1990A, 1990B, and 1989A Bonds; replaced Item 12., Executive Session Pursuant to Section 2.1-344A.7., Code of Virginia, 1950, as Amended, for Consultation With Legal Counsel Regarding Legal Issues Relating to the Settlement of (I) Vulcan Materials v. Jacobson and (ii) the Lake Evergreen Dam Repair; and added Item 9.C.14., Set Date for Public Hearing to Consider an Amendment to the 1997/98 Budget to Appropriate $3,375,000 in Payment to an Escrow Agent to be Used to Refund Series 1991 Bonds and, adopted the Agenda, as amended. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 6. RESOLUTIONS AND SPECIAL RECOGNITIONS There were no Resolutions and Special Recognitions at this time. 7. WORK SESSIONS There were no Work Sessions at this time. 8. DEFERRED ITEMS There were no Deferred Items at this time. 98-9 ~/14/98 9. NEW BUSINESS 9.A. APPOINTMENTS On motion of Mr. Barber, seconded by Mr. McHale, the Board suspended its rules at this time to allow simultaneous nomination/appointment of a member to serve on the Community Services Board. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. O COMMUNITY SERVICES BOARD On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board simultaneously nominated/appointed Mrs. Lynne Cooper, representing the Midlothian District, to serve on the Community Services Board, whose term is effective immediately and will expire December 31, 2000. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. Ayes: Nays: 9.B. STREETLIGHT INSTALLATION COST APPROVALS On motion of Mr. McHale, seconded by Mr. Daniel, the Board approved the following streetlight installation cost approvals: Bermuda District * Chester Road and Hamlin Avenue Cost to install light: $1,095.97 Dale District * Centralia Road and Holly Trace Drive Cost to install light: $692.73 Humphrey, Warren, Barber, Daniel, and McHale. None. 9.C. CONSENT ITEMS 9.C.1. ADOPTION OF RESOLUTIONS 9.C.l.a. SUPPORTING THE INCREASE IN STATE MINIMUM LEVEL FUNDING FOR PLANNING DISTRICT COMMISSIONS On motion of Mr. McHale, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Virginia's planning district commissions have been working on behalf of local governments and State agencies since 1970 in such areas as transportation, the environment, housing, emergency preparedness and economic development; and / 4/98 98-10 WHEREAS, planning district commissions have played a pivotal role in fostering regional approaches to economic development in the Commonwealth by providing staff support and resources to regional marketing organizations, developing and administering grant projects to construct necessary infrastructure, regional GIS systems, and business finance programs; and WHEREAS, the analysis of planning district commissions, undertaken by the Joint Legislative Audit and Review Commission in 1995, noted that base funding from the State successfully leverages federal, local and private dollars to bring efficiency and effectiveness to regional initiatives, such as those cited in Virginia's Regional Cooperation Act and Regional Competitiveness Act; and WHEREAS, the Commonwealth has not increased its minimum funding level for planning district commissions in nine years; and WHEREAS, the Crater and Richmond Regional Planning District Commissions perform invaluable technical assistance and support to their member localities in areas including economic development, transportation planning, land use planning, environmental programs, small business financing, mapping and GIS, maintenance of a broad and current data library, and grant funding acquisition and administration; and WHEREAS, the Crater Planning District Commission continues to act as a catalyst for regional initiatives including the recent successful qualification of the Crater Regional Partnership under Virginia Regional Competitiveness Act; and WHEREAS, a budget amendment will be introduced during the 1998 General Assembly session to increase the State funding for planning district commissions to a minimum of 100,000 or 35 cents per capita, whichever is greater. NOW, THEREFORE BE IT RESOLVE, that the Board of Supervisors of Chesterfield County hereby respectfully requests that the General Assembly, as its 1998 session, increase the minimum level of State funding for each planning district commission to $100,000 per year for 35 cents per capita, whichever is greater. AND, BE IT FURTHER RESOLVED, that the County Administrator is authorized to communicate this resolution to the General Assembly members who represent Chesterfield County. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 9 .C,l.b. SUPPORTING THE DESIGN OF THE NORT~ WOOLRIDGE ROAD EXTENSION PROJECT On motion of Mr. McHale, seconded by Mr. Warren, the Board adopted the following resolution: 98-11 1/1 /98 WHEREAS, Route 60 currently carries over 40,000 vehicles per day (VPD) through the Village of Midlothian and Coalfield Road carries over 16,000 VPD; and WHEREAS, North Woolridge Road Extension will help reduce traffic congestion on Route 60 through the Village of Midlothian by providing an alternate route; and WHEREAS, North Woolridge Road Extension is anticipated to carry over 8,000 VPD when completed and over 28,000 VPD in the year 2017; and WHEREAS, the improvements are included in the Primary Six Year Improvement Plan for Chesterfield County; and WHEREAS, a location and design public hearing on the North Woolridge Road Extension Project has been conducted. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors supports the design of the North Woolridge Road Extension Project. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 9.C.l.c. REQUESTING THE INSTALLATION OF A TRAFFIC SIGNAL ON ROUTE 360 AT THE INTERSECTION OF WINTERPOCK ROAD After brief discussion, on motion of Mr. McHale, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the Chesterfield County Board of Supervisors has received requests from citizens to install a traffic signal on Route 360 at the intersection of Winterpock Road; and WHEREAS, the determined that intersection. Virginia Department of a traffic signal is Transportation has warranted at the NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors requests the Virginia Department of Transportation to immediately install a traffic signal at the intersection of Winterpock Road. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 98-12 m/ 4/98 9 .C.2. TRANSFER OF FUNDS TO THE SHERIFF'S DEPARTMENT FOR REPLACEMENT OF THE HEATING SYSTEM AT THE COUNTY JAIL On motion of Mr. McHale, seconded by Mr. Warren, the Board transferred $27,000 from the Reserve for Capital Projects to the Sheriff's Department's Operating Funds as reimbursement for repair and replacement of the heating system in the County jail. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 9,C.3. APPROVAL OF FY98 VITALINKS TECHNOLOGY GRANT AND INCREASE SCHOOL GRANTS FUND APPROPRIATIONS On motion of Mr. McHale, seconded by Mr. Warren, the Board approved the FY98 VitaLinks Technology Grant and increased the School Grants Fund appropriations in Instruction by $45,721.28. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 9,C.4. APPROVAL OF REVISED CONTRACT FOR COUNTY ASSISTANCE TO PROVIDE WATER SERVICE TO POCAHONTAS STATE PARK On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a revised agreement for County assistance to provide water service to Pocahontas State Park and authorized the County Administrator to execute any necessary documents. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 9.C.5. ACCEPTANCE OF PARCELS OF LAND 9.C.5.a. ALONG MEAD0WVILLE ROAD FROM MERCER P. FAW On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land containing 0.281 acres along the south line of Meadowville Road (State Route 618) from Mercer P. Faw and authorized the County Administrator to execute the necessary deed. (It is noted that a copy of the plat is filed with the papers of this Board.) Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 9 .C.5 .b. ALONG JEFFERSON DAVIS HIGHWAY FROM LOWE'S HOME CENTERS, INCORPORATED On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land containing 0.569 acres adjoining the west right-of-way line of Jefferson Davis Highway (State Route 1 & 301) from Lowe's Home Centers, 1/14/98 98-13 Incorporated and authorized the County Administrator to execute the necessary deed. (It is noted that a copy of the plat is filed with the papers of this Board.) Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 9.C.5 .c. ALONG THE SOUTH LINE OF ELKF~ARDT ROAD FROM LOUISE A. BERGER On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land containing 0.026 acres along the south line of Elkhardt Road, State Route 663, from Louise A. Berger and authorized the County Administrator to execute the necessary deed. (It is noted that a copy of the plat is filed with the papers of this Board.) Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 9.C.5 .d. ALONG WYLDEROSE DRIVE FROM SOMMERVILLE DEVELOPMENT CORPORATION On motion of Mr. McHale, seconded by Mr. Warren, the Board accepted the conveyance of a parcel of land containing 0.376 acres along Wylderose Drive (State Route 971) from Sommerville Development Corporation and authorized the County Administrator to execute the necessary deed. (It is noted that a copy of the plat is filed with the papers of this Board.) Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 9.C.6. CONVEYANCE OF EASEMENT TO VIRGINIA ELECTRIC AND POWER COMPANY TO EXTEND SERVICE FOR THE SALEM CHURCH MIDDLE SCHOOL CONCESSION STAND AND BALLFIELD LIGHTS On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the Chairman of the Board and the County Administrator to execute an easement agreement with Virginia Electric and Power Company to extend service for the Salem Church Middle School concession stand and ballfield lights. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 98-14 m/ 4/98 9.C.7. REQUESTS FOR PERMISSION 9 .C.7 .a. FROM P. C. ATACK PROPERTIES FOR AN EMERGENCY ACCESS ROADA1yDBRIDGE TO ENCROACH WITHIN A COUNTY RIGHT-OF- WAY DESIGNATED AS KROSSRIDGE ROAD On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a request from P. C. Atack Properties, L.C. to construct an emergency access road and bridge within a fifty foot County right-of-way designated as Krossridge Road, subject to the execution of a license agreement. (It is noted that a copy of the plat is filed with the papers of this Board.) Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 9,C.7.b. FROM BRANDERMILL COMMUNITY ASSOCIATION, INCORPORATED TO INSTALL A DRAINAGE PIPE WITHIN A TWENTY FOOT AND VARIABLE WIDTH EASEMENT AND A SIXTEEN FOOT SEWER EASEMENT On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a request from Brandermill Community Association, Incorporated to install a drainage pipe within a twenty foot and variable width easement and a sixteen foot sewer easement, subject to the execution of a license agreement. (It is noted that a copy of a vicinity sketch is filed with the papers of this Board.) Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 9 .C.7 .C, FROM HOMESTEAD VILLAGE INCORPORATED TO INSTALL A CONCRETE CURB AND GUTTER WITHIN A SIXTEEN FOOT WATER EASEMENT On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a request from Homestead Village Incorporated to install curb and gutter within a sixteen foot water easement, subject to the execution of a license agreement. (It is noted that a copy of a vicinity sketch is filed with the papers of this Board.) Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 9.C.7,d, FROM APPLE SOUTh, INCORPORATED TO INSTALL CURB AND GUTTER ENTRANCE DRIVE ISLE WITHIN AN EXISTING SIXTEEN FOOT DRAINAGE EASEMENT On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a request from Apple South, Incorported to install curb and gutter and entrance drive isle within an existing sixteen foot drainage easement, subject to the execution of a license /14/s8 98-15 agreement. (It is noted that a copy of the plat is filed with the papers of this Board.) Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 9 .C.7 .e, FROM MOOREFIELD IV TO INSTALL CURB AND GUTTER AND STORM SEWER WITHIN AN EXISTING SANITARY SEWER EASEMENT On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a request from Moorefield IV, L.C. to install curb and gutter and storm sewer within an existing sanitary sewer easement, subject to the execution of a license agreement. (It is noted that a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 9.C.8. APPROVAL OF LEASE OF PROPERTY WITH J. C. M. PARTNERSHIP FOR OFFICE SPACE FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT OFFICE On motion of Mr. McHale, seconded by Mr. Warren, the Board approved a lease with J. C. M. Partnership for office space located at 10100 Iron Bridge Road for the Community Development Block Grant Office, for a period of sixty months, in the amount of $101,352~96, beginning January 19, 1998 and authorized the County Administrator to execute the lease agreement subject to approval as to form by the County Attorney. (It is noted that a copy of the vicinity sketch is filed with the papers of this Board.) Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 9.C.9. APPROVAL TO DESIGNATE RIGHT-OF-WAY FOR HICKS ROAD On motion of Mr. McHale, seconded by Mr. Warren, the Board approved the designation of right-of-way for Hicks Road and authorized the County Administrator to execute the necessary declaration. (It is noted that a copy of the plat is filed with the papers of this Board.) Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 98 -16 1/1 /98 9.C.10. AUTHORIZATION TO ESTABLISH NEW FULLTIME POSITIONS FOR CHESTERFIELD COMMUNITY SERVICES BOARD RESIDENTIAL SERVICES AND APPROPRIATION OF FEE REVENUES On motion of Mr. McHale, seconded by Mr. Warren, the Board authorized the establishment of seven new full-time positions for Chesterfield Community Services Board Residential Services; appropriated fee revenue of $104,300; and increased Mental Health/Mental Retardation/SubstanceAbuse Department expenditure budget of $104,300. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 9.C.11. STATE ROAD ACCEPTANCE This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the roads in Appleford, Section 1, Bermuda District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in Appleford, Section 1, Bermuda District, meet the requirements established by the Subdivision street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mr. Warren, it is resolved that the roads in Appleford, Section 1, Bermuda District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: Appleford Lane Length: 0.04 mile From: Longmeadow Circle, 0.07 mile west of Longmeadow Boulevard To: Appleford Drive, 0.04 mile northeast of Longmeadow Circle Guaranteed Right-of-Way Width: 50 feet. Name of Street: Appleford Court Length: 0.09 mile From: Appleford Drive, 0.04 mile northwest of Appleford Lane To: Cul-de-sac, 0.09 mile northeast of Appleford Drive Guaranteed Right-of-Way Width: 50 feet. Name of Street: Appleford Drive Length: 0.13 mile 98-17 1/14/98 From: Appleford Lane, 0.04 mile northeast of Longmeadow Circle To: Cul-de-sac, 0.13 mile northwest of Appleford Lane Guaranteed Right-of-Way Width: 50 feet. This request is inclusive of the adjacent slope, sight distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. These roads serve 27 lots. This section of Appleford is recorded as follows: Section 1, Plat Book 82, Pages 36 and 37, October 5, 1993. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the road in Appleford, Section 2, Bermuda District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the street in Appleford, Section 2, Bermuda District, meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mr. Warren, it is resolved that the road in Appleford, Section 2, Bermuda District, be and it hereby is established as a public road. And be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: Appleford Drive Length: 0.20 mile From: Appleford Lane at section limits To: Cul-de-sac, 0.20 mile northeast of Appleford Lane Guaranteed Right-of-Way Width: 50 feet. This request is inclusive of the adjacent slope, sight distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. This road serves 28 lots. 98-18 1/14/98 This section of Appleford is recorded as follows: Section 2, Plat Book 85, Pages 47 and 48, September 2, 1994. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the roads in Lyndhurst, Section 1, Bermuda District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in Lyndhurst, Section 1, Bermuda District, meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mr. Warren, it is resolved that the roads in Lyndhurst, Section 1, Bermuda District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: Longmeadow Circle Length: 0.19 mile From: Longmeadow Circle at Longmeadow Boulevard, 0.45 mile north of Happy Hill Road, State Route 619 To: End of section limits, 0.19 mile northeast of Longmeadow Boulevard Guaranteed Right-of-Way Width: 60 feet. Name of Street: Lyndhurst Drive Length: 0.09 mile From: End of section limits, 0.09 mile south of Longmeadow Circle To: Longmeadow Circle, 0.12 mile northeast of Longmeadow Boulevard Guaranteed Right-of-Way Width: 50 feet. Name of Street: Lyndhurst Court Length: 0.09 mile From: Cul-de-sac, 0.09 mile southwest of Lyndhurst Drive To: Lyndhurst Drive, 0.06 mile south of Longmeadow Circle Guaranteed Right-of-Way Width: 50 feet. 98-19 1/14/98 This request is inclusive of the adjacent slope, sight distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. These roads serve 18 lots. This section of Lyndhurst is recorded as follows: Section 1, Plat Book 84, Pages 61 and 62, June 14, 1994. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the road in Nottington, Bermuda District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the street in Nottington, Bermuda District, meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mr. Warren, it is resolved that the road in Nottington, Bermuda District, be and it hereby is established as a public road. And be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: Nottington Court Length: 0.05 mile From: Cul-de-sac, 0.05 mile west of Longmeadow Boulevard To: Longmeadow Boulevard, 0.27 mile north of Happy Hill Road, State Route 619 Guaranteed Right-of-Way Width: 50 feet. This request is inclusive of the adjacent slope, sight distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. This road serves 8 lots. Nottington is recorded as follows: 98 -20 1/~4/98 Plat Book 82, Pages 70 and 71, November 15, 1993. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the roads in Somersby, Section 1, Bermuda District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in Somersby, Section 1, Bermuda District, meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mr. Warren, it is resolved that the roads in Somersby, Section 1, Bermuda District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: Longmeadow Boulevard Length: 0.45 mile From: Happy Hill Road, State Route 619, at intersection with Pheasant Run Drive, State Route 5120, 0.19 mile southeast of Tarris Lane, State Route 706 To: Longmeadow Circle, 0.45 mile north of Happy Hill Road, State Route 619 Guaranteed Right-of-Way Width: 90 feet. Name of Street: Longmeadow Circle Length: 0.07 mile From: Somersby Lane, 0.07 mile west of Longmeadow Boulevard To: Longmeadow Boulevard, 0.45 mile north of Happy Hill Road, State Route 619 Guaranteed Right-of-Way Width: 60 feet. Name of Street: Somersby Lane Length: 0.04 mile From: Ramsey Drive, 0.04 mile southwest of Longmeadow Circle To: Longmeadow Circle, 0.07 mile west of Longmeadow Boulevard Guaranteed Right-of-Way Width:BO feet. Name of Street: Ramsey Drive Length: 0.14 mile From: End of section limits, 0.09 mile northwest of Somersby Lane To: Cul-de-sac, 0.05 mile southeast of Somersby Lane 1/14/98 98-21 Guaranteed Right-of-Way Width: 50 feet. This request is inclusive of the adjacent slope, sight distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. These roads serve 18 lots. This section of Somersby is recorded as follows: Section 1, Plat Book 81, Pages 70, 71 and 72, August 2, 1993. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the roads in Somersby, Section 2, Bermuda District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in Somersby, Section 2, Bermuda District, meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mr. Warren, it is resolved that the roads in Somersby, Section 2, Bermuda District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: Ramsey Drive Length: 0.07 mile From: Cul-de-sac, 0.16 mile northwest of Somersby Lane To: End of section limits, 0.09 mile northwest of Somersby Lane Guaranteed Right-of-Way Width: 50 feet. Name of Street: Ramsey Court Length: 0.13 mile From: Cul-de-sac, 0.13 mile southeast of Ramsey Drive To: Ramsey Drive, 0.12 mile northwest of Somersby Lane Guaranteed Right-of-Way Width: 50 feet. This request is inclusive of the adjacent slope, sight distance, clear zone, and designated Virginia Department of Transportation 1/14/98 98 -22 drainage easements indicated on the development plat. These roads serve 24 lots. This section of Somersby is recorded as follows: Section 2, Plat Book 82, Page 33, October 1, 1993. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the road in Walthall Creek, Section 15, Bermuda District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the street in Walthall Creek, Section 15, Bermuda District, meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mr. Warren, it is resolved that the road in Walthall Creek, Section 15, Bermuda District, be and it hereby is established as a public road. And be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: Woodland Hill Drive Length: 0.27 mile From: Section limits, 0.27 mile south of Fox Knoll Drive, State Route 4061 To: Fox Knoll Drive, State Route 4061, 0.02 mile west of Howlett Line Drive, State Route 4060 Guaranteed Right-of-Way Width: 50 feet. This request is inclusive of the adjacent slope, sight distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. This road serves 17 lots. This section of Walthall Creek is recorded as follows: 98-23 Section 15, Plat Book 85, Page 80, October 6, 1994. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the roads in Brentwood, Section C, Dale District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in Brentwood, Section C, Dale District, meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mr. Warren, it is resolved that the roads in Brentwood, Section C, Dale District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: Belfield Terrace Length: 0.14 mile From: Belfield Road, State Route 1845, 0.07 mile west of Belfield Court, State Route 3053 To: Cul-de-sac, 0.14 mile northeast of Belfield Road, State Route 1845 Guaranteed Right-of-Way Width: 50 feet. Name of Street: Belfield Circle Length: 0.13 mile From: Cul-de-sac, 0.13 mile southwest of Belfield Road, State Route 1845 To: Belfield Road, State Route 1845, 0.07 mile west of Belfield Court, State Route 3053 Guaranteed Right-of-Way Width: 50 feet. This request is inclusive of the adjacent slope, sight distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. These roads serve 37 lots. This section of Brentwood is recorded as follows: 98-24 1/14/98 Section C, Plat Book 71, Page 1, May 3, 1990. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the road in Mayfair Estates, Section H, Dale District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the street in Mayfair Estates, Section H, Dale District, meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mr. Warren, it is resolved that the road in Mayfair Estates, Section H, Dale District, be and it hereby is established as a public road. And be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: Oxbridge Road Length: 0.09 mile From: Existing Oxbridge Road, State Route 2080, 0.20 mile south of Lumlay Road, State Route 4540 To: Cul-de-sac, 0.29 mile southeast of Lumlay Road, State Route 4540 Guaranteed Right-of-Way Width: 50 feet. This request is inclusive of the adjacent slope, sight distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. This road serves 11 lots. This section of Mayfair Estates is recorded as follows: Section H, Plat Book 89, Pages 21 and 22, November 13, 1995. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 98-25 1/14/98 This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the roads in Brechin Woods, Matoaca District, and Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in Brechin Woods, Matoaca District, meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mr. Warren, it is resolved that the roads in Brechin Woods, Matoaca District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: Brechin Lane Length: 0.28 mile From: End of section limits, 0.09 mile south of Culloden Lane To: Cul-de-sac, 0.19 mile east of Culloden Lane Guaranteed Right-of-Way Width: 50 feet. Name of Street: Culloden Lane Length: 0.16 mile From: Brechin Lane, 0.16 mile south of Finstown Lane To: Finstown Lane, 0.23 mile west of Highland Glen Drive Guaranteed Right-of-Way Width: 50 feet. This request is inclusive of the adjacent slope, sight distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. These roads serve 24 lots. Brechin Woods is recorded as follows: Plat Book 87, Pages 69 and 70, April 11, 1995. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the roads in Finstown Landing, Matoaca District, and 98-26 / 4/98 Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in Finstown Landing, Matoaca District, meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mr. Warren, it is resolved that the roads in Finstown Landing, Matoaca District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: Highland Glen Drive Length: 0.40 mile From: End of section limits, 0.40 mile south of Seaview Drive, State Route 5166 To: Existing Highland Glen Drive, State Route 5160, at Seaview Drive, State Route 5166 Guaranteed Right-of-Way Width: 60 feet. Name of Street: Finstown Lane Length: 0.42 mile From: Cul-de-sac, 0.42 mile west of Highland Glen Drive To: Highland Glen Drive, 0.39 mile south of Seaview Drive, State Route 5166 Guaranteed Right-of-Way Width: 50 feet. This request is inclusive of the adjacent slope, sight distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. These roads serve 25 lots. Finstown Landing is recorded as follows: Plat Book 87, Pages 26, 27, 28, and 29, February 23, 1995. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of the roads in Glen Kilchurn, Matoaca District, and 98-27 1/14/98 Whereas, the Resident Engineer for the Virginia Department of Transportation has advised the Director of Environmental Engineering, the streets in Glen Kilchurn, Matoaca District, meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and Whereas, the County and the Virginia Department of Transportation have entered into an agreement, recorded in Deed Book 2453, Page 405, January 21, 1994, for all stormwater detention/retention facilities in the County. Therefore, upon consideration whereof, and on motion of Mr. McHale, seconded by Mr. Warren, it is resolved that the roads in Glen Kilchurn, Matoaca District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Transportation, be and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, the following: Name of Street: Highland Glen Drive Length: 0.18 mile From: End of section limits at Glen Kitchurn Drive To: Existing Highland Glen Drive, 0.40 mile south of Seaview Drive, State Route 5166 Guaranteed Right-of-Way Width: 60 feet. Name of Street: Glen Kilchurn Drive Length: 0.35 mile From: Cul-de-sac, 0.35 mile south of Highland Glen Drive To: Highland Glen Drive, 0.58 mile southeast of Seaview Drive, State Route 5166 Guaranteed Right-of-Way Width: 50 feet. This request is inclusive of the adjacent slope, sight distance, clear zone, and designated Virginia Department of Transportation drainage easements indicated on the development plat. These roads serve 17 lots. Glen Kilchurn is recorded as follows: Plat Book 87, Pages 96 and 97, May 10, 1995. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 98 -28 9 .C.12. SET DATE FOR PUBLIC HEARING TO CONSIDER AN ORDINANCE RELATING TO INTERCOMS AND OUTSIDE PUBLIC ADDRESS SYSTEM On motion of Mr. McHale, seconded by Mr. Warren, the Board set the date of February 11, 1998 for a public hearing to consider an ordinance to amend the Code of the County of Chesterfield, 1997, as amended, by amending and reenacting Sections 19-144, 19-145, 19-154, 19-158, and 19-301 relating to intercoms and outside public address system. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 9 .C.13. TRANSFER OF BERMUDA DISTRICT THREE CENT FUNDS TO PURCHASE ADDITIONAL CHESTER FORUM TICKETS FOR CHESTERFIELD COUNTY AND COUNTY STUDENTS On motion of Mr. McHale, seconded by Mr. Warren, the Board transferred $1,000 from the Bermuda District Three Cent Road Fund for a contract between the County and the Chester Forum to purchase additional Chesterfield Forum tickets for Chesterfield County and County students. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 9.C.14. SET DATE FOR A PUBLIC HEARING TO CONSIDER APPROPRIATION OF PAYMENT TO THE ESCROW AGENT ADVANCE REFUNDING OF SERIES 1991 GENERAL 0BLIFATION BONDS On motion of Mr. McHale, seconded by Mr. Warren, the Board set the date of January 28, 1998 at 7:00 p.m. for a Public Hearing to consider appropriation of payment to the escrow agent advance refunding of series 1991 General Obligation Bonds, in the amount of $3,325,000. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 10. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS There were no Hearings of Citizens on Unscheduled Matters or Claims at this time. 11. REPORTS On motion of Mr. McHate, seconded by Mr. Warren, the Board accepted the following reports: A report on Developer Water and Sewer Contracts and a status report on the General Fund Balance; Reserve for Future Capital Projects; District Road and Street Light Funds; and Lease Purchases. 98-29 1/14/98 And, further, the following roads were accepted into the State Secondary System: ABANDONMENT LENGTH BELLWOOD ELEMENTARY SCHOOL - (Effective 11/7/97) Route 9451 (Bellwood Elementary School Access Road) - From Route 145 South to Route 145 North Via Loop -0.07 Mi ADDITIONS ASHBROOK, SECTION 6 - (Effective November 19. 1997) Route 4215 (Featherchase Drive) - From Route 4209 to 0.13 mile Northeast Route 4209 0.13 Mi Route 4216 (Featherchase Place) - From Route 4215 to 0.11 mile North Route 4215 0.11 Mi Route 4209 (Shady Banks Drive) to 0.01 mile South Route 4213 From Route 4215 0.27 Mi ELKO FARMS Route 3714 (Thornwood Court) - From 0.07 mile Northwest Route 3713 to Route 3713 0.O7 Mi Route 3713 (Thornwood Lane) - From 0.09 mile Southwest Route 3712 to 0.25 mile Northeast Route 3712 0.34 Mi Route 3712 (Vinewood Drive) - From Route 3713 to Route 760 0.16 Mi LOCH BRAEMAR, SECTION D - (Effective 11-7-97) Route 2399 (Kingussle Lane) - From Route 2396 to 0.07 mile West Route 2386 0.14 Mi MEADOW CREEK, SECTION B Route 5461 (Clearview Court) - From 0.04 mile Southeast Route 5460 to Route 5460 0.04 Mi Route 5460 (Clearview Drive) - From 0.12 mile Southwest Route 5451 to 0.07 mile Southwest Route 5451 0.05 Mi SALISBURY, MICHAUX, SECTION D - (Effective 11-10-97) Route 3913 (Gildenborough Court) - From 0.21 mile Southeast Route 1338 to Route 1338 0.21 Mi 98-30 1/14/98 Route 3906 (Gildenborough) Drive) - From 0.05 Mile East Route 3908 to Route 3913 Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 0.32 Mi 12, EXECUTIVE SESSION PURSUANT TO SECTION 2.1-344A.7., CODE OF VIRGINIA, 1950, AS AMENDED, FOR CONSULTATION WITH LEGAL COUNSEL REGARDING LEGAL ISSUES RELATING TO THE SETTLEMENT OF VULCA/~ MATERIALS V, JACOBSON ~ THE LAKE EVERGREEN DAM REPAIR On motion of Mr. McHale, seconded by Mr. Barber the Board went into an Executive Session Pursuant to Section 2.1-344A.7., Code of Virginia, 1950, as Amended, for Consultation With Legal Counsel Regarding Legal Issues Relating to the Settlement of Vulcan Materials v. Jacobson and the Lake Evergreen Dam Repair. Ayes: None: Humphrey, Warren, Barber, Daniel, and McHale. None. Reconvening: On motion of Mr. McHale, seconded by Mr. Daniel, the Board adopted the following resolution: 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, the Board of Supervisors does hereby certify that to the best of each member's knowledge, i) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in 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 certification. The Board being polled, the vote was as follows: Mr. McHale: Aye. Mr. Daniel: Aye. Mr. Barber: Aye. Mrs. Humphrey: Aye. Mr. Warren: Aye. 98-31 1/14/9s On motion of Mr. McHale, seconded by Mr. Barber, the Board suspended its rules at this time and added Item 12.B., Appropriation of funds in anticipated reimbursement and award bid for the Lake Evergreen Dam Restoration. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 12 .B. APPROPRIATION OF FUNDS IN ANTICIPATED REIMBURSEMENT AND AWARD BID FOR THE LAKE EVERGREEN DAM RESTORATION After brief discussion, on motion of Mr. McHale, seconded by Mrs. Humphrey, the Board appropriated $75,000 in anticipated reimbursement to fund the restoration of the Lake Evergreen Dam; authorized the County Administrator to enter into a contract with G. V. Layne, in the amount of $73,711. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 13. DINNER On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board recessed to the Administration Building, Room 502, for dinner. Ayes: Humphrey, Warren, Barber, Daniel, and McHale. Nays: None. Reconvening: 14. INVOCATION Dr. Ivan Perkinson, Pastor of Matoaca Christian Fellowship, gave the invocation. 15. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Girl Scout Troop 569 led the Pledge of Allegiance to the Flag of the United States of America and presented Mrs. Humphrey with a bouquet of flowers on behalf of her being elected as Chairman for 1998. Mrs. Humphrey expressed appreciation to Girl Scout Troop 569 for their gratitude. 98-32 1/14/98 16. RESOLUTIONS AND SPECIAL RECOGNITIONS O RECOGNIZING THE HONORABLE ARTHUR S. WARREN AS 1997 CHAIRMAN OF THE BOARD OF SUPERVISORS On motion of the Board, the following resoltuion was adopted: WHEREAS, the Honorable Arthur S. Warren, Supervisor representing Clover Hill District, served as Chairman of the Board of Supervisors from January 1997 to December 1997; demonstrated outstanding leadership, determination, and insight in handling issues facing the County; was responsive and open to the needs of citizens while maintaining a high quality of life; and demonstrated dedication and loyalty of the highest caliber in promoting Chesterfield County as a progressive and well managed community throughout the Region, State, and Nation; and WHEREAS, Mr. Warren's dependability, integrity, expertise, and commitment have been recognized by the Board, citizens, the business community, and local and State officials; and WHEREAS, under Mr. Warren's Chairmanship, the County confronted many challenges and achieved many successes including securing funding for the completion of Route 288 and the Walthall Interchange; achieving a AAA Rating from Standard & Poor's, making the County one of eight in the nation, and the only County in Virginia, with triple AAA rating from all of the major rating agencies; adoption of a Watershed Management Plan for the Swift Creek Reservoir; initiation and adoption of a joint Board of Supervisors and School Board resolution recognizing all Chesterfield County Churches for their services to the community; spearheading the County's efforts to prevent toll increases on the Powhite Expressway; construction of Swift Creek Fire Station; being instrumental in the success of the School Grounds Maintenance Consolidation Program; adoption of the Central Area Plan and Riverfront Plan; supporting an area- wide interoperable emergency communications system; the County receiving fifteen National Association of Counties (NACo) Awards, the most of any locality in Virginia; the County receiving six awards from NACo Information Officers; the County receiving the Environmental Protection Agency (EPA) National Outstanding Management of Industrial Wastewater Pretreatment Award; the County receiving its first Virginia Municipal League Award for Communications for the Bond Referendum Campaign; establishment of a community service program for juvenile offenders that resulted in $62,000 in savings; supporting an agreement that provides Powhatan County with 500,000 gallons of water per day; hosting of "Chesterfield Matters", a program to bring government closer to the people; expansion of the Shrink Swell Soil Provisions to apply to all new single-family dwellings throughout Chesterfield; and opening the $45 million Hewlett Packard facility and twenty-one other new industries in the County -- creating 1,276 new jobs; and 98-33 1/ 4/98 WHEREAS, other challenges and successes under Mr. Warren's Chairmanship include the SAWY Award, the top national award from 3CMA; a County Arboretum of specimen trees being established at Rockwood Park; new programs in the areas of transportation, counseling, and therapeutic recreation to enhance services to court involved youth; the dedication of the 805 acre Dutch Gap Conservation Area - the only County-owned conservation area in the country; construction of a Visitor Center at Henricus Park; development and opening a sixty acre riverside Park at Robious Landing; receiving fifty-seven acres from Lowes for a park on Route 1; opening of the Community Policing Office at Chesterfield Towne Center; forming a partnership with businesses located in the Eastern Midlothian Turnpike Corridor area -- resulting in a twenty percent decrease in serious crimes; a regional contract with the Greater Richmond Chamber of Commerce for employment of welfare recipients; purchasing property for the new LaPrade Library; achieving close to fifteen percent increase in library circulation and cooperative library agreements with Powhatan and Amelia Counties; groundbreaking for the John Tyler Community College Midlothian Campus; hosting the Fifth Annual State of the Metro Area dinner; commencing construction of the new Lucy Corr Nursing Home; approving the creation of the Greater Richmond Convention Center Authority and development of a financing plan for its expansion; reducing Business Professional Occupational License (BPOL) taxes on developers and businesses with gross receipts over $100,000; sale of the first phase of General Obligation Bonds for items approved in the 1996 Bond Referendum; initiation of the first citizens survey since 1985; receiving a superior rating from the Federal Emergency Management Association (FEMA) for the Police-Fire Incident Management Course; approval of design contract and financing plan for the new Juvenile Court facility; and the Board of Supervisors and School Board enjoying a harmonious and efficient relationship. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes and applauds the untiring efforts and commitment of excellence displayed by its 1997 Chairman, The Honorable Arthur S. Warren. AND, BE IT FURTHER RESOLVED, that the Board of Supervisors does hereby present Mr. Warren with a plaque recognizing his distinguished service from January 1997 to December 1997. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. Mrs. Humphrey and Mr. Ramsey presented the executed resolution, plaque, and several gifts to Mr. Warren, and commended him on his tremendous accomplishments and leadership as 1997 Chairman. Mr. Warren expressed appreciation for the recognition and gifts and stated that the acommplishments were possible because of the joint effort of all Board members. 98-34 1/14/98 16 .A. RECOGNIZING MR. PAUL W. RILEY, TROOP 897, UPON ATTAINING RANK OF EAGLE SCOUT On motion of the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Paul W. Riley, Troop 897, sponsored by Mount Pisgah United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his County, Paul is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Paul W. Riley and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. Mrs. Humphrey and Mr. Barber presented the executed resolution and a patch to Mr. Riley, accompanied by members of his family, congratulated him on his outstanding accomplishment, and wished him well in his future endeavors. Mr. Riley expressed appreciation for the recognition and to his parents for their support. 16 .B. RECOGNIZING ABB POWER GENERATION, INCORPORATED AS THE "1997 CHESTERFIELD COUNTY LARGE INDUSTRY OF THE YEAR" Mr. McLaren introduced Mr. Alex Brnilovich, President, who was present to accept the resolution. 98-35 1/14/98 On motion of the Board, the following resolution was adopted: WHEREAS, the Chesterfield County Board of Supervisors established a Business Appreciation and Recognition Award to recognize existing businesses within the County that contribute to the County's economy and its citizens; WHEREAS, ABB Power Generation, Incorporated observed its 23rd anniversary in Chesterfield County in 1997 and during which time it has located five company divisions including its U.S. Headquarters; and WHEREAS, ABB Power Generation is a world renown supplier of a comprehensive line of rotating power generation equipment, engineering and services for electric utilities, independent power producers, and cogenerators and industry; and WHEREAS, the payroll at ABB Power Generation has grown by approximately 512 people in Chesterfield County and the company and its employees participate in a number of Chesterfield- based community organizations; and WHEREAS, ABB Power Generation is a community-minded corporation and helps support the Chesterfield County community through its donation of endowment funds to the John Tyler Community Foundation and participates in college programs directed at the future of the machine engineering trades such as maintenance engineers, mechanics, and various other educational programs. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors expresses its gratitude to ABB Power Generation, Incorporated, on behalf of the County, for its investment, employment growth, and many contributions to the community and publicly recognizes them as the ~1997 Large Business Recipient of the Chesterfield County Business Appreciation and Recognition Award~. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to ABB Power Generation and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. Mrs. Humphrey presented the executed resolution to Mr. Brnilovich, commended him on ABB's outstanding contributions to the County, and wished them future success. Mr. McLaren presented Mr. Brnilovich with a silver plate acknowledging ABB as the ~1997 Chesterfield County Large Industry of the Year". Mr. Brnilovich congratulated Mrs. Humphrey on her Chairmanship and expressed appreciation for the recognition. He expressed appreciation to the Board for their support of ABB over the years and acknoweldged the increasing growth of ABB. He stated that ABB looks forward to more successes in the future. 98 -36 17. PUBLIC HEARINGS 17 .A. TO CONSIDER THE CONVEYANCE OF A 3.67 ACRE PARCEL IN THE AIRPORT INUSTRIAL PARK (AIRPARK) TO TREDEGAR FILM PRODUCTS, OR ONE OF ITS DESIGNATED SUBSIDIARIES, AT A PURCHASE PRICE OF $50,000 PER ACRE Mr. Stith stated that this date and time has been advertised for a public hearing to consider the conveyance of a 3.67 acre parcel in the Airport Industrial Park (Airpark) to Tredegar Film Products, or one of its designated subsidiaries, at a purchase price of $50,000 per acre. No one came forward to speak in favor of or against this issue. On motion of Mr. Daniel, seconded by Mr. Warren, the Board authorized the County Administrator to enter into a contract approved by the County Attorney and convey a 3.67 acre parcel, in the Airport Industrial Park (Airpark), to Tredegar Film Products, or one of its designated subsidiaries, at a purchase price of $50,000 per acre. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 17 .B. TO CONSIDER AN ORDINANCE TO VACATE PORTIONS OF A SIXTEEN FOOT DRAINAGE EASEMENT ACROSS LOT 69, BLOCK M, DEER RUN, SECTION 2 Mr. Stith stated that this date and time has been advertised for a public hearing to consider an ordinance to vacate portions of a sixteen foot drainage easement across Lot 69, Block M, Deer Run, Section 2. No one came forward to speak in favor of or against this ordinance. On motion of Mr. Warren, seconded by Mr. McHale, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to BRENDA W. ATKINS, ("GRANTEE"), portions of a 16' drainage easement across Lot 69, Block M, Deer Run, Section 2, Matoaca Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 57, at Pages 42 and 43. WHEREAS, BRENDA W. ATKINS, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate portions of a 16' drainage easement across Lot 69, Block M, Deer Run, Section 2, Matoaca Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 57, Pages 42 and 43, by E. D. LEWIS & ASSOCIATES, P.C., dated DECEMBER 11, 1986 and recorded JUNE 15, 1987. The easement petitioned to be vacated is more fully described as follows: 1/14/98 98-37 Portions of a 16' drainage easement, into which the house encroaches 0.3' and deck encroaches 2.0', across Lot 69, Block M, Deer Run, Section 2, the location of which is more fully shown on a plat made ~ by BALZER & ASSOCIATES, INC., dated JUNE 18, 1997, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.1- 431 of the Code of Virginia, 1950, as amended, by advertising; and WHEREAS, no public necessity exists for the continuance of the easement sought to be vacated. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.1-482(b) of the Code of Virginia, 1950, as amended, the aforesaid easement be and is hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.t-482(b) of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.1-485 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.1-483 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title of the easement hereby vacated in the property owner of Lot 69, Block M, Deer Run, Section 2 free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and BRENDA W. ATKINS, or their successors in title, as GRANTEE. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 17,C. TO QUITCLAIM A SIXTY FOOT UNIMPROVED RIGHT-OF-WAY KNOWN AS WYLDEROSE COURT ADJACENT TO THE WEST RIGHT-OF-WAY LINE OF WYLDEROSE DRIVE, STATE ROUTE 971 Mr. Stith stated that this date and time has been advertised for a public hearing to consider an ordinance to quitclaim a sixty foot unimproved right-of-way known as Wylderose Court adjacent to the west right-of-way line of Wylderose Drive, State Route 971. No one came forward to speak in favor of or against this issue. 1/14/98 98-38 On motion of Mr. Barber, seconded by Mr. McHale, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a sixty foot unimproved right-of-way known as Wylderose Court adjacent to the west right-of-way line of Wylderose Drive, State Route 971. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. 17 .D. TO CONSIDER AN AMENDMENT TO THE FY97-98 BUDGET TO APPROPRIATE $13,225,000 IN PAYMENT TO AN ESCROW AGENT W~ICH WILL BE USED TO REFUND 1991, 1990A, 1990B, AND 1989A BONDS Ms. Dickson stated that this date and time has been advertised for a public hearing to consider an amendment to the FY97-98 Budget to appropriate $13,225,000 in payment to an escrow agent which will be used to refund 1991, 1990A, 1990B, and 1989A Bonds. No one came forward to speak in favor of or against this issue. On motion of Mr. Daniel, seconded by Mr. Warren, the Board appropriated payment to the escrow agenda for advance refunding of Series 1991, 1990B, 1990A, and 1989A General Obligation Bonds, in the amount of $13,225,000; authorized the County Administrator to execute all closing documents; and adopted the following resolution authorizing refunding: A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE, SALE AND DELIVERY OF AN ISSUE OF NOT TO EXCEED SIXTEEN MILLION SIX HUNDRED THOUSAND DOLLARS ($16,600,000) PRINCIPAL AMOUNT OF GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BONDS, SERIES B OF 1998, OF THE COUNTY OF CHESTERFIELD, VIRGINIA, FOR THE PURPOSE OF REFUNDING IN ADVANCE OF THEIR STATED MATURITIES A PORTION OF THE COUNTY'S GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES OF 1989A, A PORTION OF THE COUNTY'S GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES OF 1990A, A PORTION OF THE COUNTY'S GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES OF 1990B, AND A PORTION OF THE COUNTY'S GENERAL OBLIGATION PUBLIC IMPROVEMENT AND REFUNDING BONDS, SERIES OF 1991; APPROVING THE SALE OF SUCH BONDS; FIXING THE FORM, DETERMINATION AND CERTAIN OTHER DEALS OF SUCH BONDS; AND PROVIDING FOR THE SALE OF SUCH BONDS AND DELEGATING TO THE COUNTY ADMINISTRATOR CERTAIN POWERS WITH RESPECT THERETO 1/14/98 98-39 BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: SECTION 1. Findings and Determinations. (a) Pursuant to Chapter 5 of Title 15.1 of the Code of Virginia, 1950, as then in effect, an election duly called and held in the County of Chesterfield, Virginia (the "County"), on November 8, 1988 and an Order of the Circuit Court of the County dated December 8, 1988, and pursuant to resolutions adopted by this Board on December 14, 1988 and March 8, 1989, respectively, there were authorized to be issued, sold and delivered the County's $23,900,000 principal amount of General Obligation Public Improvement Bonds, Series of 1989A, dated March 1, 1989 and maturing in the principal amount of $1,195,000 on March 1 in each of the years 1990 to 2009, both inclusive (the "Series of 1989A Bonds"). (b) Pursuant to Chapter 5 of Title 15.1 of the Code of Virginia, 1950, as then in effect, an election duly called and held in the County on November 8, 1988 and an Order of the Circuit Court of the County dated December 8, 1988, and pursuant to resolutions adopted by this Board on October 11, 1989, January 24, 1990 and February 14, 1990, respectively, there were authorized to be issued, sold and delivered the County's $25,225,000 principal amount of General Obligation Public Improvement Bonds, Series of 1990A, dated February 1, 1990 and maturing in the principal amount of $1,265,000 on January 15 in each of the years 1991 to 2006, both inclusive, and in the principal amount of $4,985,000 on January 15 in the year 2010 (the "Series of 1990A Bonds"). (c) Pursuant to Chapter 5 of Title 15.1 of the Code of Virginia, 1950, as then in effect, an election duly called and held in the County on November 8, 1988 and an Order of the Circuit Court of the County dated December 8, 1988, and pursuant to resolutions adopted by this Board on October 11, 1989, October 24, 1990 and November 14, 1990, respectively, there were authorized to be issued, sold and delivered the County's $36,500,000 principal amount of General Obligation Public Improvement Bonds, Series of 1990B, dated November 15, 1990 and maturing in the principal amount of $1,825,000 on January 1 in each of the years 1992 to 2007, both inclusive, and in the principal amount of $7,300,000 on January 1 in the year 2011 (the "Series of 1990B Bonds"). (d) Pursuant to Chapter 5 of Title 15.1 of the Code of Virginia, 1950, as then in effect, an election duly called and held in the County on November 8, 1988 and an Order of the Circuit Court of the County dated December 8, 1988, and pursuant to resolutions adopted by this Board on October 11, 1989, November 28, 1990, February 27, 1991, November 13, 1991 and November 27, 1991 (and readopted on December 11, 1991), respectively, there were authorized to be issued, sold and delivered the County's $82,610,000 principal amount of General Obligation Public Improvement and Refunding Bonds, Series of 1991, dated November 15, 1991 and maturing in varying principal amounts on July 15 in each of the years 1992 to 2007, both 1/14/98 98 -40 inclusive, and on July 15 in the year 2011 (the "Series of 1991 Bonds" ) . (e) Pursuant to Article 5 of the Public Finance Act of 1991 (Sections 15.2-2643 through 15.2-2649, both inclusive), as now in effect, the County is authorized to issue refunding bonds to refund any or all of its bonds in advance of their stated maturities. (f) This Board deems it advisable and in the interest of the County to refund in advance of their stated maturities the Series of 1989A Bonds maturing on March 1, 2000, which are outstanding as of the date hereof in the principal amount of $1,195,000 (the "Refunded 1989A Bonds"), the Series of 1990A Bonds maturing on January 15, 2002, which are outstanding as of the date hereof in the principal amount of $1,265,000 (the "Refunded 1990A Bonds"), the Series of 1990B Bonds maturing on January 1, 2003, which are outstanding as of the date hereof in the principal amount of $1,825,000 (the "Refunded 1990B Bonds"), and the Series of 1991 Bonds maturing on July 15 in each of the years 2006 to 2007, both inclusive, and on July 15 in the year 2011, which are outstanding as of the date hereof in the principal amount of $10,475,000 (the "Refunded 1991 Bonds"). (g) This Board deems it advisable and in the best interest of the County to authorize and provide for the issuance, sale and delivery pursuant to such Article 4 of the Public Finance Act of 1991 of an issue of General Obligation Public Improvement Refunding Bonds, Series B of 1998, for the purpose of refunding in advance of their stated maturities all or a portion of the Refunded 1989A Bonds, the Refunded 1990A Bonds, the Refunded 1990B Bonds and the Refunded 1991 Bonds. SECTION 2. Authorization of General Obligation Public Improvement Refunding Bonds. For the purpose of refunding in advance of their stated maturities all or a portion of the Refunded 1989A Bonds, the Refunded 1990A Bonds, the Refunded 1990B Bonds and the Refunded 1991 Bonds (collectively, the "Refunded Bonds"), there are hereby authorized to be issued, sold and delivered an issue of general obligation public improvement refunding bonds of the County in a principal amount not exceeding $16,600,000 to be designated and known as "General Obligation Public Improvement Refunding Bonds, Series B of 1998" (hereinafter referred to as the "Bonds"). SECTION 3. Approval of the Details and Sale of the Bonds. (a) The Bonds shall be dated such date and shall bear interest from their date payable on such date and semiannually thereafter, as shall be determined by the County Administrator. The Bonds shall mature and become due and payable on such date or dates not exceeding forty (40) years from their date and in such principal amounts on each such date as shall be determined by the County Administrator. (b) (i The Bonds shall be issued only in fully registered form. One Bond representing each maturity will be issued to and registered in the name of Cede & Co., as nominee 98-41 1/14/98 of The Depository Trust Company, New York, New York ("DTC"), as registered owner of the Bonds and each such Bond shall be immobilized in the custody of DTC. DTC will act as securities depository for the Bonds. Individual purchases will be made in book-entry form only, in the principal amount of $5,000 or any integral multiple thereof. Purchasers will not receive physical delivery of certificates representing their interest in the Bonds purchased. (ii) Principal, premium and interest payments on the Bonds will be made by the County by wire transfer to DTC or its nominee, Cede & Co., as registered owner of the Bonds, which will in turn remit such payments to the DTC participants for subsequent disbursal to the beneficial owners of the Bonds. Transfers of principal, premium and interest payments to DTC participants will be the responsibility of DTC. Transfers of such payments to beneficial owners of the Bonds by DTC partici- pants will be the responsibility of such participants and other nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be accomplished by book entries made by DTC and, in turn, by the DTC participants who act on behalf of the indirect participants of DTC and the beneficial owners of the Bonds. (iii) The County will not be responsible or liable for sending transaction statements or for maintaining, supervising or reviewing records maintained by DTC, its participants or persons acting through such participants or for transmitting payments to, communicating with, notifying, or otherwise dealing with any beneficial owner of the Bonds. So long as the Bonds are in book-entry only form, the County Treasurer will serve as Registrar and Paying Agent for the Bonds. The County reserves the right to designate a successor Registrar and Paying Agent for the Bonds if the Bonds at any time cease to be in book-entry only form. (c) The Bonds shall be subject to redemption at the option of the County prior to their stated maturities, in whole or in part at any time, on such dates and with such redemption premiums, if any, as shall be determined by the County Administrator. (d) If any Bond (or any portion of the principal amount thereof in installments of $5,000) shall be called for redemption, notice of the redemption thereof, specifying the date, number and maturity of such Bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption by first class mail, postage prepaid, to the registered owner of such Bond at his address as it appears on the books of registry kept by the Registrar for the Bonds. The Registrar shall not be required to exchange or ~/~4/98 98-42 transfer any Bond later than the close of business on the forty- fifth (45th) day next preceding the date fixed for redemption of such Bond or any portion thereof. If notice of the redemption of any Bond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the portion of the principal amount thereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest on such Bond shall cease to accrue from and after the date so specified for redemp- tion thereof. So long as the Bonds are in book-entry only form, any notice of redemption will be given only to DTC or its nominee. The County shall not be responsible for providing any beneficial owner of the Bonds with notice of redemption. SECTION 4. Appointment of County Treasurer as Registrar and Paying Agent; Payment of Bonds; Bonds of Registry; Exchanges and Transfers of Bonds. Appointment of Registrar. The County Treasurer is hereby appointed Registrar and Paying Agent for the Bonds (hereinafter referred to as the "Registrar"). (b) Payment of Bonds. (i) At any time during which the Bonds shall be in fully registered form, the interest on the Bonds shall be payable by check mailed by the Registrar to the registered owners of the Bonds at their addresses as the same appear on the books of registry as of the record date for the payment of interest on the Bonds, and the principal of and premium, if any, on the Bonds shall be payable at the principal office of the Registrar. (ii) At any time during which the Bonds shall be in book-entry form, the principal of and premium, if any, and interest on the Bonds shall be payable in accordance with the arrangements made with the depository for the Bonds. (iii) The principal of and premium, if any, and interest on the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment is legal tender for public and private debts. Interest on the Bonds shall be calculated on the basis of a 360-day year consisting of twelve 30-day months. (c) Books of Registry_: Exchanges and Transfers of Bonds. (i) At all times during which any Bond remains outstanding and unpaid, the Registrar shall keep or cause to be kept at its principal office, books of registry for the registration, exchange and transfer of the Bonds. Upon presentation at the principal office of the Registrar for such purpose, the Registrar, under such reasonable regulations as it may prescribe, shall register, exchange, transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as herein set forth. (ii) Any Bond may be exchanged at the principal office of the Registrar for a like aggregate principal amount of such Bonds in other authorized principal amounts of the same interest rate and maturity. 98-43 1/14/98 (iii) Any Bond may, in accordance with its terms, be transferred upon the books of registry by the person in whose name it is registered, in person or by his duly authorized agent, upon surrender of such Bond to the Registrar for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or his duly authorized agent, in form satisfactory to the Registrar. (iv) Ail transfers or exchanges pursuant to this Section 4(c) shall be made without expense to the registered owners of the Bonds, except as otherwise herein provided, and except that the Registrar shall require the payment by the registered owner of. any Bond requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Ail Bonds surrendered pursuant to this Section 4(c) shall be cancelled. SECTION 5. Execution and Authentication of Bonds; CUSIP Iden%ification Numbers. (a) Execution of Bonds. The Bonds shall be executed in the name of the County by the manual or facsimile signatures of the Chairman and the Clerk of the Board of Supervisors, and the corporate seal of the Board of Supervisors shall be impressed, or a facsimile thereof printed, on the Bonds. (b) Authentication of Bonds. The County Administrator shall direct the Registrar to authenticate the Bonds and no Bonds shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on such Bond shall have been manually executed by the Registrar. Upon the authentication of any Bond the Registrar shall insert in the certificate of authentication the date as of which such Bond is authenticated as follows: (i) if the Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of the date the Bonds are delivered to and paid for by the initial purchasers thereof; (ii) if the Bond is authenticated upon an interest payment date, the certificate shall be dated as of such interest payment date; (iii) if the Bond is authenticated on or after the record date for the payment of interest on the Bonds and prior to such interest payment date, the certificate shall be dated as of such interest payment date; and (iv) in all other instances the certificate shall be dated the date upon which the Bond is authenticated. The execution and authentication of the Bonds in the manner above set forth is adopted as a due and sufficient authentication of the Bonds. (c) CUSIP Identification Numbers. CUSIP identification numbers may be printed on the Bonds, but neither the failure to print any such number on any Bonds, nor any error or omission with respect thereto, shall constitute cause for failure or refusal by the successful bidder for the Bonds to accept delivery of and pay for the Bonds in accordance with the terms of its proposal to purchase the Bonds. No such number shall constitute or be deemed to be a part of any Bond or a part of the contract evidenced thereby and no liability shall attach to 98-44 the County or any of its officers or agents because of or on account of any such number or any use made thereof. SECTION 6. Tax Covenant. The County covenants and agrees to comply with the provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986 and the applicable Treasury Regulations promulgated thereunder throughout the term of the Bonds. SECTION 7. Sources of Payment of Bonds. The full faith and credit of the County shall be and is hereby irrevocably pledged to the punctual payment of the principal of and interest on the Bonds as the same become due. In each year while the Bonds, or any of them, are outstanding and unpaid, there shall be assessed, levied and collected, at the same time and in the same manner as other taxes in the County are assessed, levied and collected, a tax upon all taxable property within the County, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and premium, if any, and interest on the Bonds to the extent other funds of the County are not lawfully available and appropriated for such purpose. SECTION 8. Form of Bonds. The Bonds shall be in substantially the form set forth below with such necessary or appropriate variations, omissions and insertions as are incidental to their numbers, interest rates and maturities or as are otherwise permitted or required by law or this resolution: UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA COUNTY OF CHESTERFIELD GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BOND SERIES B OF 1998 REGISTERED REGISTERED No. R-98B- $ INTEREST RATE: NO.: MATURITY DATE: DATE OF BOND: CUSIP REGISTERED OWNER: CEDE & CO. , 199 166393 PRINCIPAL AMOUNT: The County of Chesterfield (hereinafter referred to as the "County"), a political subdivision of the Commonwealth of Virginia, for value received, hereby promises to pay to the Registered Owner (named above), or registered assigns, on the Maturity Date (specified above), unless this Bond shall have been duly called for previous redemption and payment of the redemption price shall have been duly made or provided for, the Principal Amount (specified above), and to pay interest on such Principal Amount on _, and semiannually on each 1/14/98 98-45 and thereafter 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 if interest has been paid to such 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 interest payment date if interest has been paid to such date, until the payment of such Principal Amount (each such date is hereinafter referred to as an interest payment date) at the Interest Rate (specified above) per annum, by check mailed by the Registrar hereinafter mentioned to the Registered Owner in whose name this Bond is registered on the books of registry kept and maintained 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 preceding each interest payment date. Interest on this Bond shall be calculated on the basis of a 360-day year consisting of twelve 30-day months. The principal of this Bond is payable upon presentation and surrender hereof at the office of the County Treasurer of the County in Chesterfield, Virginia (the "Registrar"). The principal of 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 is legal tender for public and private debts. This Bond is one of a duly authorized issue of Bonds (herein referred to as the "Bonds") of the aggregate principal amount of Dollars ($ ) of like date and tenor herewith, except for number, denomination, interest rate, maturity and redemption provisions, and is issued for the purpose of refunding in advance of their stated maturities certain previously issued general obligation bonds of the County, under and pursuant to and in full compliance with the Constitution and statutes of the Commonwealth of Virginia, including Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the same being the Public Finance Act of 1991), and a resolution duly adopted by the Board of Supervisors of the County under such Public Finance Act of 1991 on January 14, 1998. The Bonds of the issue of which this Bond is one maturing on and after , __, (or portions thereof in installments of $5,000) shall be subject to redemption at the option of the County prior to their stated maturities on or after , , in whole or in part at any time, in such order as may be determined by the County (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof to be redeemed shall be selected by the Registrar by lot), at a redemption price equal to the principal amount thereof, together with the interest accrued on such principal amount thereof, together with the interest accrued them to the date fixed for the redemption thereof. 98-46 1/1 /98 If this Bond is redeemable and this Bond (or any portion of the principal amount hereof in installments of $5,000) shall be called for redemption, notice of the redemption hereof, specifying the date, number and maturity of this Bond, the date and place or places fixed for its redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be redeemed and the issuance of a new Bond equalling in principal amount that portion of the principal amount hereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption by first class mail, postage prepaid, to the Registered Owner of this Bond at his address as it appears on the books of registry kept by the Registrar for the Bonds. The Registrar shall not be required to exchange or transfer this Bond later than the close of business on the forty-fifth (45th) next day preceding the date fixed for redemption of this Bond or any portion hereof. If notice of redemption of this Bond shall have been given as aforesaid, and payment of the principal amount of this Bond (or the portion of the principal amount hereof to be redeemed) and of the accrued interest payable upon such redemption shall have been duly made or provided for, interest hereon (or on the portion of the principal amount hereof to be redeemed) shall cease to accrue from and after the date so specified for redemption. 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 the series of which this Bond is one, of other authorized principal amounts of the same interest rate and maturity. This Bond is transferable by the Registered Owner 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 the series of which this Bond is one, of authorized denominations and of the same aggregate principal amount, will be issued to the transferee in exchange herefor. The full faith and credit of the County are irrevocably pledged to the punctual payment of the principal of and interest on this Bond as the same become due. In each year while this Bond is outstanding and unpaid, there shall be assessed, levied and collected, at the same time and in the same manner as other taxes in the County are assessed, levied and collected, a tax upon all taxable property within the County, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and interest on this Bond to the extent other funds of the County are not lawfully available and appropriated for such purpose. 98-47 This Bond shall not be valid or obligatory unless the certificate of authentication hereon shall have been manually signed by or on behalf 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 this Bond and 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 executed by the manual or facsimile signature of the Chairman of such Board; a facsimile of the corporate seal of such Board to be imprinted hereon, attested by the facsimile signature of the Clerk of such Board; and this Bond to be dated , [SEAL] Attest: Clerk of the Board of Supervisors Chairman of the Board of Supervisors CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds delivered pursuant to the within-mentioned proceedings. Date of Authentication: County Treasurer, as Registrar AS S I GNMENT For value received, the undersigned hereby sell(s), a s s i g n ( s ) a n d t r a n s f e r ( 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 irrevocably and all rights constitutes 98-48 thereunder, and , attorney, and hereby appoints to transfer 1/14/98 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 firm of The New York Stock Exchange, or a commercial bank or trust company. (Signature(s) of Registered Owner) NOTICE: The signature(s) above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or enlargement or any change whatsoever. SECTION 9. Sale of Bonds, (a) There is hereby delegated to the County Administrator authority, without further action by the Board of Supervisors, to sell the Bonds authorized for issuance under this resolution in accordance with the provisions hereof at competitive sale at not less than the principal amount thereof, plus accrued interest thereon from their date to the date of delivery thereof and payment therefor, and on such other terms and conditions as shall be provided in the Notice of Sale relating to the Bonds. The County Administrator is hereby authorized to cause to be published and distributed a Notice of Sale of the Bonds of each series in such form and containing such terms and conditions as he may deem advisable, subject to the provisions hereof. In lieu of publishing the full text of the Notice of Sale of the Bonds in accordance with the provisions of the immediately preceding sentence, the County Administrator is hereby authorized cause a Summary Notice of Sale of the Bonds in such form as the County Administrator shall approve to be published in ~¢ Bond B~Fcron a date selected by the County Administrator and is hereby further authorized to cause to be prepared and distributed a Preliminary Official Statement and a final Official Statement, a Detailed Notice of Sale and an Official Proposal Form relating to the Bonds of each series, such Preliminary Official Statement, together with the forms of the Detailed Notice of Sale and Official Proposal Form set forth in Appendix D thereto, to be in substantially the forms thereof presented to the meeting at which this resolution is adopted. (b) The County Administrator is hereby authorized to receive proposals for the purchase of the Bonds and, without further action by the Board of Supervisors, to accept the proposal offering to purchase the Bonds at the lowest true interest cost to the County, computed in accordance with the provisions of the Detailed Notice of Sale; provided (i) that such proposal is accompanied by a certified or bank cashier's check in the amount specified in the Detailed Notice of Sale payable to the order of the "County of Chesterfield, Virginia", or in lieu thereof a surety bond meeting the conditions 1/14/98 98-49 specified in the Detailed Notice of Sale, and is otherwise in conformity with the Detailed Notice of Sale; (ii) that the true interest cost to the County as specified in such proposal is not in excess of seven and one-half percent (7~%); and (iii) the redemption premium payable upon the redemption of the Bonds shall not exceed five percent (5%) of the principal amount thereof. The County Administrator is hereby further authorized to determine, or to modify the provisions of this resolution with respect to, the dated date of the Bonds, the interest payment dates for the Bonds, the dates on which the Bonds shall mature, the principal amount of the Bonds maturing on each such maturity date and the redemption provisions applicable to the Bonds and to fix the rates of interest to be borne by the Bonds of each maturity as specified in the proposal accepted by him in accordance with the immediately preceding sentence. (c) The County Administrator is hereby further authorized to execute and deliver to the purchasers of the Bonds authorized for issuance under this resolution a Continuing Disclosure Certificate evidencing the County's undertaking, to comply with the continuing disclosure requirements of Paragraph <b) (5) of such Rule 15c2-12 to the extent applicable to the Bonds, such Continuing Disclosure Certificate to be in substantially the form set forth in Appendix C to the form of the Preliminary Official Statement presented to the meeting at which this resolution is adopted, together with such changes as shall be approved by the County Administrator upon the advice of counsel (including the County Attorney or Bond Counsel to the County), such approval to be conclusively evidenced by his execution of such Continuing Disclosure Certificate. The County Administrator, the Director of Accounting and the County Attorney are hereby authorized to execute and deliver to the purchasers of the Bonds of each series one or more certificates in the forms provided for in the Official Statement relating to the Bonds. SECTION 10. Authorization to Enter into Refunding Trust Agreement and to Appoint an Escrow Agent and %0 Designate the Refunded Bonds for Redemption. The County Administrator or any Deputy County Administrator is hereby authorized to enter into a Refunding Trust Agreement in the form customarily entered into by the County in connection with advance refunding transactions providing for the redemption of the Refunded Bonds (the "Refunding Trust Agreement") and to appoint an Escrow Agent to serve under the Refunding Trust Agreement. (b) The County Administrator or any Deputy County Administrator is hereby authorized to execute, on behalf of the County, subscriptions or purchase agreements for the securities to be purchased by the Escrow Agent from moneys deposited in the Refunding Trust Fund created and established under the Refunding Trust Agreement. Such securities so purchased shall be held by the Escrow Agent under and in accordance with the provisions of the Refunding Trust Agreement. (c) Subject to the sale and receipt of the proceeds of the Bonds, the County Administrator or any Deputy County / 4/98 98-50 Administrator is hereby authorized to designate the Refunded Bonds for redemption on such date or dates as they shall determine and are hereby further authorized to direct the Escrow Agent to cause notices of the redemption of the Refunded Bonds on such date or dates to be given in accordance with the provisions of the proceedings authorizing the issuance of the Refunded Bonds. SECTION 11. Filing of This Resolution. The County Attorney is hereby authorized and directed to file a copy of this resolution, certified by the Clerk of the Board of Supervisors to be a true and correct copy hereof, with the Circuit Court of the County of Chesterfield. SECTION 12. Invalidity of Sections, Paragraphs, Clauses or Provisions. If any section, paragraph, clause or provision of this resolution shall be held invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining portions of this resolution. SECTION 13. Headings of Sections. The headings of the sections of this resolution shall be solely for convenience of reference and shall not affect the meaning, construction, interpretation or effect of such sections or of this resolution. SECTION 14. Effective Date. take effect upon its adoption. This resolution shall Date of Filing With the Circuit Court of the County of Chesterfield, Virginia: January , 1998 Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. ADJOURNMENT On motion of Mr. McHale, seconded by Mr. Barber, the Board adjourned at 7:45 p.m. until January 28, 1998 at 4:00 p.m. Ayes: Nays: Humphrey, Warren, Barber, Daniel, and McHale. None. L ne B. Ramsey /~ County Administratc~ Chairman 98-51 1/14/98