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2011-06-15 PacketCHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA ~,., Meeting Date: June 15, 2011 Item Number: 2.A. Subject: County Administrator's Report County Administrator's Comments: County Administrator: Summary of Information: The County Administrator will update the Board on the progress of various projects as requested by the Board of Supervisors. Preparers Louis G. Lassiter Attachments: ^ Yes Title: Assistant County Administrator ^ No # 000001 County Administrator's Top 40's List I. Critical Proiects/Activities 1. Airport Entrance Improvements 2. Amelia Reservoir Project 3. Census 2010/Redistricting 2011 4. Community Risk Analysis/Emergency Service Coverage 5. Countywide Comprehensive Plan/Public Facilities Plan 6. Eastern Midlothian Re-development - Chippenham Square - Spring Rock - Stonebridge (formerly Cloverleaf Mall) - Streetscaping 7. Electronic Message Centers 8. GRTC Service 9. Health Care Contract -Rebid 10. Irrigation Policies/Demand Management for Water Use 11. Mass Grading Ordinance 12. Recycling Committee Recommendations 13. Private Sewer Treatment Facility 14. Sports Quest 15. Ukrops Kicker Complex/Poseidon Swimming -Stratton Property -Construction began May, 2011 16. Utilities Policies and Managed Growth II. Ongoing Proiects/Activities 1. 2011 Legislative Program -adopted 11/19/10 2. Airport Master Plan 3. Animal Welfare Issues 4. Capital Improvement Program 5. Capital Regional Collaborative Focus Group 6. Cash Proffers 7. Chesterfield Avenue Enhancements Future Phases 8. Citizen Budget Advisory Committee 9. Efficiency Studies -Countywide 10. Federal Stimulus Package - Energy Block Grant - Economic Development - Police Department - Recovery Zone Bonds 11. FinancialBudget Issues 12. Fort Lee Expansion 13. Hydrilla Issue 14. Joint Meetings of Board of Supervisors/School Board 15. Magnolia Green CDA 1 ooooa2 Updated 6/2/11 County Administrator's Top 4O's List 16. Meadowville Interchange -Groundbreaking 11 /2010 17. North American Project (at Rt. 288 and Rt. 10) 18. RMA Work Group 19. RRPDC -Large Jurisdiction Committee 20. RRPDC -Transportation Strategies Work Group (work on hold) 21. Sports Tourism Plan Implementation 22. UASI (Regional) III. Completed Proiects/Activities 1. Board's Appointments Process - 8/2008 2. Bow Hunting Restrictions - 2/24/2010 3. Business Climate Survey - 7/2008 4. Business Climate Survey - 4/2010 5. Business Fee Holiday (Extension) - 9/2010 6. CBLAB Discussions -12/2009 7. Chesterfield Avenue Enhancements Phase 1 - 5/2011 8. Citizen GIS - S/2010 9. Citizen Satisfaction Survey -12/2008 10. Citizen Satisfaction Survey -12/2010 11. COPS Grants 12. DCR Erosion & Sediment Control Program - 3/11/11 13. Efficiency Studies -Fire Department and Fleet Management - 6/2008 14. Efficiency Study -Quality/Chesterfield University Consolidation - 7/2009 15. Electronic Signs -1/2010 16. Board's Emergency Notification Process 17. Employee Health Benefits -Contract Renewal - 8/2009 18. Financial/Budget Issues - Adoption of 2011 Budget - 4/2011 - Adoption of County CIP - 4/2011 - Adoption of School CIP - 4/2011 - Bond Issue/Refinancing - AAA Ratings Retained 19. 457 Deferred Comp Plan (Approved) 20. Hosting of Hopewell Website 21. Impact Fees for Roads - 9/2008 22. In Focus Implementation - Phase I - 8/2008 23. In-Focus Implementation -Phase II (Payroll/HR) -12/2009 24. Insurance Service Upgrade (ISO) for Fire Department - 9/2009 25. Jefferson Davis Streetscape Project - S/2010 26. Leadership Exchange Visits with City of Richmond 27. 2011 Legislative Program - 3/2011 28. Low Impact Development Standards 29. Meadowdale Library -11/2008 30. Midlothian Turnpike/Courthouse Road Streetscape Improvements (Towne Center) 31. Minor League Baseball (new team) - 2/2010 (~ Q 0 ~ ®~ 2 Updated 6/2/11 County Administrator's Top 40's List 32. Multi-Cultural Commission (Quarterly Reports due to Board) -11/2008 33. Planning Fee Structure (General Increases) - 6/2009 34. Planning Fee Structure (Reductions for In-Home Businesses) -1/2009 35. Planning Fees (Holiday for Commercial Projects) - 8/2009 36. Police Chase Policy (Regional) - S/2010 37. Postal Zip Codes -Changes approved 4/2011, LISPS date of implementation 6/15/2011 38. Potential Legislation -Impact Fees/Cash Proffers -1/2009 39. Property Maintenance -Proactive Zoning Code Enforcement (countywide) - 2/2009 40. Property Maintenance -Rental Inspection Program 41. Public Safety Pay Plans Implemented (Phase I) - 9/2008 42. Redistricting 2011 Calendar/Process Report 43. Regional Workforce Investment Initiative 44. Results of Operations -11/19/2010 45. Sign Ordinance 46. Southwest Corridor Water Line - Phase I - 7/2008 47. Sports Tourism Plan -1/2010 48. Sports Tourism Program with Metropolitan Richmond Sports Backers - 8/2009 49. Streelight Policy -12/1/10 50. Ukrops Kicker Complex -soccer fields -Opened 8/2009 51. Upper Swift Creek Plan (Adopted) - 6/2008 52. Upper Swift Creek Water Quality Ordinances 53. VDOT Subdivision Street Acceptance Requirements - 7/2009 54. VRS Benefits for New Employees - 7/2010 55. Walk Through Building Permit Process -10/2009 56. Water Issues/Restrictions 57. Website Redesign - 6/2009 58. Wind Energy Systems - 3/10/2010 59. Wireless Internet Access in County Facilities - 9/2008 60. Watkins Centre 61. Woolridge Road Reservoir Crossing Project - 5/2010 ~~~oQ'~ Updated 6/2/11 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA ,~, Meeting Date: June 15, 2011 Item Number: 2.B. Subiect: County Administrator's Comments County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Ms. Barbara Nelson, Principal Planner with the Richmond Area Metropolitan Planning Organization, will update the Board on the MPO's regional priority projects and also review the process for updating the Region's Long Range Transportation Plan (LRTP) for the MPO study area. Preparers William Dueler Attachments: ^ Yes Title: Deputy County Administrator ^ No #dp0005 _ CHESTERFIELD COUNTY ~`•. BOARD OF SUPERVISORS Page 1 of 1 ' _ ~__ a i AGENDA 1749 Meeting Date: June 15, 2011 Item Number: 5.A. Subject: Resolution Recognizing Mrs. Liess van der Linden-Brusse for Her Outstanding Service as President of the Chesterfield Historical Society County Administrator's Comments: County Administrator: Adoption of the attached resolution commending Mrs. Liess van der Linden- Brusse for her outstanding service to Chesterfield County through her thirteen years of volunteer service with the Chesterfield Historical Society of Virginia, including the last two years as President. Summary of Information: Mrs. Liess van der Linden-Brusse has served the citizens of Chesterfield County with selfless enthusiasm. As President of the Chesterfield Historical Society, she has worked diligently to strengthen the organization in all its aspects including membership, finances, leadership development and recruitment of volunteers. She is a strong advocate for supporting history programs and preserving all county historical sites. Preparers Michael S. Golden Title: Director, Parks and Recreation Attachments: ^ Yes ~ No #O~p~~~ RECOGNIZING MRS. LIESS VAN DER LINDEN-BRUSSE FOR HER OUTSTANDING SERVICE AS PRESIDENT OF THE CHESTERFIELD HISTORICAL SOCIETY WHEREAS, Mrs. Liess van der Linden-Brusse has served as a member of the Chesterfield Historical Society of Virginia for thirteen years; and WHEREAS, these years of service represent Mrs. van der Linden-Brusse's commitment to enhancing the quality of life for citizens in Chesterfield County through the Chesterfield Historical Society, a volunteer organization that serves as the center for Chesterfield County history, and whose purposes are to collect, preserve, interpret and promote the county's unique past for the education of present and future generations; and WHEREAS, during her years of service, Mrs. van der Linden-Brusse has developed The Lecture Series to help educate the citizens of Chesterfield County with lectures and programs from recognized speakers and historians; and WHEREAS, during her years of service, Mrs. van der Linden-Brusse has held numerous leadership positions including Chair of the Library Committee, Chair of the Events Committee, Director, and First Vice President; and WHEREAS, for the last two years, Mrs. van der Linden-Brusse has further demonstrated her dedication to the Society by serving as President of the Society; and WHEREAS, as President of the Society, Mrs. van der Linden-Brusse has worked diligently to strengthen the organization in all aspects including membership, finances, leadership development and recruitment of volunteers; and WHEREAS, while President, Mrs. van der Linden-Brusse continued to serve the Society as Chair of the Library Committee and Event Committee, devoting hundreds of hours of volunteer time; and WHEREAS, under Mrs. van der Linden-Brusse's leadership and with her encouragement and support, the Society has established exceptional programs at Magnolia Grange and the Museum; and WHEREAS, Mrs. van der Linden-Brusse and others under her leadership represented and advocated for preserving history programs in difficult economic times, thereby increasing community awareness of and excitement about Chesterfield County history; and WHEREAS, Mrs. van der Linden-Brusse has supported the further development of Parks and Recreation history programs at all county historic sites; and WHEREAS, under Mrs. van der Linden-Brusse's leadership, the Chesterfield Historical Society has continued to thrive and prosper and is well positioned to continue to do so in the future. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 15th day of June 2011, publicly recognizes Mrs. Liess van der Linden-Brusse for her years as President of the Chesterfield Historical Society of Virginia and extends its appreciation for all the volunteer hours she has given to this community and for the programs and services her tireless efforts have helped to make possible. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mrs. van der Linden-Brusse, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA ~~. Meeting Date: June 15, 2011 Item Number: 5.B.1. Subject: Resolution Recognizing Austin Brockenbrough & Associates, LLP, for Their Contribution to Chesterfield County by Awarding Them the 2011 First Choice Business of the Year County Administrator's Comments: 1 County Administrator: Board Action Regue d: Adoption of the attached resolution. Summary of Information: The county recognized Austin Brockenbrough & Associates, LLP, which is located at 1011 Boulder Springs Drive, at the annual business appreciation event on May 3rd as the 2011 First Choice Business of the Year Award winner. The awards recognize companies that consistently contribute to Chesterfield County through community service, innovative products and services, job creation, tax revenue and ethical business standards. Austin Brockenbrough & Associates, LLP, has been in business for over 50 years and has consistently adapted to the public's needs. In the past year, Austin Brockenbrough & Associates, LLP, has contributed to the community with its purchases, volunteering and donations. In addition to its local support, the business obtained LEED-CI certification and added Subsurface Utility Engineering to its list of regular full-time services during 2010. Preparers E. Wilson Davis, Jr. Title: Director, Economic Development Attachments: ^ Yes ^ No # 00000 ~' RECOGNIZING AUSTIN BROCKENBROUGH & ASSOCIATES, LLP, AS THE 2011 FIRST CHOICE BUSINESS OF THE YEAR WHEREAS, Chesterfield County Board of Supervisors and Chesterfield County Economic Development established a Business Awards Program to recognize existing businesses within the county that contribute to the County's economy and its citizens; and WHEREAS, Austin Brockenbrough & Associates, LLP, is located on Boulder Springs Drive in the county and employs 45 people; and WHEREAS, Austin Brockenbrough & Associates, LLP, began in 1955 as a civil engineering and surveying firm and has since expanded to fields including mechanical, electrical and structural engineering, as well as landscape architecture; and WHEREAS, since its beginnings, Austin Brockenbrough & Associates, LLP, has provided Chesterfield County with its quality engineering and renovation services, and in 2010, these services have benefited Chesterfield County facilities including schools, water lines and roads; and WHEREAS, although the company has over 700 of its business outside of Chesterfield County, 100a of the company's gross receipts tax was paid to Chesterfield County; and WHEREAS, Austin Brockenbrough & Associates, LLP, employs mainly professionals and semi-professionals, and the company provides employees with sponsored training, tuition reimbursement to further their educations, and flexible work schedules; and WHEREAS, Austin Brockenbrough & Associates, LLP, has focused on expanding in the past year; and WHEREAS, in addition to obtaining the first LEED-CI office in the metro- Richmond area, the company has also managed to add Subsurface Utility Engineering as a regular full-time service, as well as being awarded the Overall Winner award by the 2010 Virginia Transportation Construction Alliance; and WHEREAS, Austin Brockenbrough & Associates, LLP, has consistently given back to the community, through volunteering, mentoring, and providing funding to further the education of students in the engineering field, and this past year, Austin Brockenbrough & Associates, LLP assisted Thomas Dale High School with the planning and creation of new dugouts; and WHEREAS, the company also participates in activities including blood drives and Central Virginia Food Bank donations. OaU~~ NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 15th day of June 2011, publicly recognizes Austin Brockenbrough & Associates, LLP, expresses gratitude on behalf of the county for its many contributions to the county, and congratulates them on being the 2011 Business of the Year Award winner. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Austin Brockenbrough & Associates, LLP, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. O~OQ~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA ~~, Meeting Date: June 15, 2011 Item Number: 5.B.2. Subject: Resolution Recognizing Hoover & Strong, Incorporated, for Their Contribution to Chesterfield County by Awarding Them the 2011 Community Impact Award County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution. Summary of Information: The county recognized Hoover & Strong, Incorporated, which is located at 10700 Trade Road, at the annual business appreciation event May 3rd as the 2011 Community Impact Award winner. The awards recognize companies that consistently contribute to Chesterfield County through community service, innovative products and services, job creation, tax revenue and ethical business standards. Hoover & Strong has strived to give back to the community since its inception almost 100 years ago with generous donations and contests. Preparers E. Wilson Davis, Jr. Title: Director, Economic Development Attachments: ^ Yes ^ No #0®0®~~. RECOGNIZING HOOVER & STRONG, INCORPORATED, AS THE 2011 COMMUNITY IMPACT AWARD WINNER WHEREAS, the Chesterfield County Board of Supervisors and Chesterfield County Economic Development established a Business Awards Program to recognize existing businesses within the county that contribute to the county's economy and its citizens; and WHEREAS, Hoover & Strong, Incorporated, is located on Trade Road and employs 184 employees; and WHEREAS, the company has refined and manufactured metal products since 1912, including eco-friendly metals; and WHEREAS, Hoover & Strong makes giving back to the community a priority, and the company's employees took part in the CCHASM Thanksgiving basket program, where they specially benefited citizens of Chesterfield County, and adopted four families this past Christmas for whom presents were purchased, wrapped and delivered; and WHEREAS, money is collected annually for the "Hoover Gift," which was donated to the Richmond Food Bank, and Hoover & Strong has donated a total of $60,000 to the community through organizations, such as Chesterfield County, Hospice of Lancaster, Nature Conservatory, Boy Scouts of America, Virginia Museum of Fine Arts, Freedom House, American Red Cross and MDA Richmond, to name a few; and WHEREAS, in 2010, Hoover & Strong, Incorporated, took part in hosting a jewelry-designing competition where contestants were challenged to create jewelry honoring the environment using the sustainable Harmony metal; the winning design was produced and proceeds from the sales benefited the Nature Conservancy, while student winners received scholarships; and WHEREAS, Hoover & Strong supports employees, as well as the community, and workers donated vacation time, purchased groceries and held fundraisers to aid a severely ill employee in daily living. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 15th day of June 2011, publicly recognizes Hoover & Strong, Incorporated, expresses gratitude on behalf of the county for its many contributions to the county, and congratulates them on being the 2011 Community Impact Award winner. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Hoover & Strong, Incorporated, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. o®~~g!~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA ,~, Meeting Date: June 15, 2011 Item Number: 5.B.3. Subiect: Resolution Recognizing Priority Automotive for Their Contribution to Chesterfield County by Awarding Them the 2011 Employee Impact Award County Administrator's Comments: County Administrator: Adoption of the attached resolution. Summary of Information: The county recognized Priority Automotive, which is located at 2000 Walthall Drive, at the annual business appreciation event May 3rd as the 2011 Employee Impact Award winner. The awards recognize companies that consistently contribute to Chesterfield County through community service, innovative products and services, job creation, tax revenue, being an employer of choice and ethical business standards. Preparers E. Wilson Davis, Jr. Title: Director, Economic Development Attachments: ^ Yes ^ No # ~~~~~ RESOLUTION RECOGNIZING PRIORITY AUTOMOTIVE AS THE 2011 EMPLOYEE IMPACT AWARD WINNER WHEREAS, the Chesterfield County Board of Supervisors and Chesterfield County Economic Development established a Business Awards Program to recognize existing businesses within the County that contribute to the County's economy and its citizens; and WHEREAS, Priority Automotive is located on Walthall Center Drive in the County and employs 187 people; and WHEREAS, Priority Automotive has provided the metro Richmond area with four car dealerships that have sold vehicles, parts and accessories and provided services for almost ten years; and WHEREAS, Priority Automotive prides itself on its treatment of customers and employees, by providing free services to its customers, including state inspections, towing, and oil changes, as well as lifetime parts and guarantees to those who purchase any new or used vehicles from a Priority dealership, and on Wednesdays, Priority has free manicures available, along with massage chairs in the dealership waiting rooms; and WHEREAS, Priority Automotive has also hosted events where local parents are provided with Child Identification kits; and WHEREAS, Priority Automotive hosts monthly luncheons for employees to celebrate birthdays and hiring dates, and the company's President, Dennis Ellmer, is present at these luncheons; and WHEREAS, Priority Automotive also provides tickets for its employees to attend the circus annually, and events including beach parties and an annual Christmas party are also held to show employee appreciation; and WHEREAS, Priority Automotive allows for employees to partake in profit sharing, and there are also contests in which employees can participate through Priority Automotive throughout the year; and WHEREAS, Priority Automotive has set an example for its employees by participating in a variety of community activities, ranging from supporting local schools to assisting the military by training assistance for United States Army soldiers on Toyota care, and the company has also participated in and sponsored local events, such as the Kiwanis Golf Tournaments. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, the 15th day of June 2011, publicly recognizes Priority Automotive, expresses gratitude on behalf of the county for its many contributions to the county, and congratulates them on being the 2011 Employee Impact Award winner. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Priority Automotive and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. ®o~~~.'~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: June 15, 2011 Item Number: 5.6.4. Subject: Resolution Recognizing Ironbridge Sports Park for Their Contribution to Chesterfield County by Awarding Them the 2011 Environmental Stewardship Award County Administrator's Comments: County Administrator: Board Action Reuuested: Adoption of the attached resolution. Summary of Information: The Chesterfield County Board of Supervisors, Chesterfield County Economic Development and the Anti-Litter Program established a Business Awards Program to recognize existing businesses within the county that contribute to the county's goal of being protectors of the environment. Ironbridge Sports Park, which is located at 11400 Ironbridge Road, will be the second recipient of this award, which was established in 2010. Preparers E. Wilson Davis, Jr. Attachments: ^ Yes Title: Director, Economic Development ^ No #000015 RECOGNIZING IRONBRIDGE SPORTS PARK AS THE 2011 ENVIRONMENTAL STEWARDSHIP AWARD WINNER WHEREAS, the Chesterfield County Board of Supervisors and Chesterfield County Economic Development and Anti-Litter Program established a Business Awards Program to recognize existing businesses within the county that contribute to the county's goal of being protectors of the environment; and WHEREAS, Ironbridge Sports Park, which is located at 11400 Iron Bridge Road in Chesterfield, employs two full-time employees and approximately 25 part-time seasonal employees; and WHEREAS, since May 2007, Ironbridge Sports Park has provided a recreational center that offers activities such as a covered driving range, an 18-hole miniature golf course, nine batting cage stations, two Go-Kart tracks, with a full kitchen and laser tag coming soon; and WHEREAS, Ironbridge Sports Park is committed to providing superior customer service and educates the customers on the importance of keeping Chesterfield County clean and green while enjoying their recreational experience; and WHEREAS, the company recycles office paper and newspapers, equipment and cooking oil, equipment batteries, ink cartridges, stores equipment gasoline in EPA-approved containers and uses earth friendly cleaning products in their facility; and WHEREAS, the staff of Ironbridge Sports Park picks up litter surrounding the facility once a week, promotes keeping Chesterfield clean by displaying Chesterfield County's Anti-Litter Program sign and educational material, educates the public on the importance of keeping Chesterfield County litter free by distributing environmental friendly prizes to miniature golf winners; and WHEREAS, Ironbridge Sports Park donates family activity packets for fundraising events for over 400 organizations, provides 1,000 free park passes to each public school in Chesterfield County, and was host to Chesterfield County's Anti-Litter Program volunteer celebration; and NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 15th day of June 2011, hereby recognizes Ironbridge Sports Park, expresses gratitude on behalf of the county its many contributions to the county, and congratulates them on being the 2011 Environmental Stewardship Award Winner. AND, BE IT FURTHER RESOLVED that a copy of this resolution is presented to Ironbridge Sports Park and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. OOOOi~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: June 15, 2011 Item Number: 5.B.5. Subject: Resolution Recognizing ACAC Fitness and Wellness Center for Their Contribution to Chesterfield County by Awarding Them the 2011 Innovation Impact Award County Administrator's Comments: County Administrator: J Board Action Requested: Adoption of the attached resolution. Summary of Information: The county recognized ACAC Fitness and Wellness Center, which is located at 11621 Robious Road, at the annual business appreciation event May 3rd as the 2011 Innovation Impact Award winner. The awards recognize companies that consistently contribute to Chesterfield County through community service, innovative products and services, job creation, tax revenue and ethical business standards. ACAC Fitness and Wellness Center has developed its new PREP program to provide physicians with an alternative form of disease prevention and health improvement to suggest to patients. The PREP program is affordable and designed for patients who are not on a regular fitness routine. Preparers E. Wilson Davis, Jr. Title: Director, Economic Development Attachments: ^ Yes ^ No ~(~0~1 RECOGNIZING ACAC FITNESS AND WELLNESS CENTER AS THE 2011 INNOVATION IMPACT AWARD WINNER WHEREAS, the Chesterfield County Board of Supervisors and Chesterfield County Economic Development established a Business Awards Program to recognize existing businesses within the county that contribute to the county's economy and its citizens; and WHEREAS, ACAC Fitness and Wellness Center is located on Robious Road in the county and employs 190 people; and WHEREAS, while there are a wide array of health clubs available in the area, ACAC differs from other fitness centers by catering to adults and their families who are not physically active; and WHEREAS, ACAC created the PREP program to work toward the objective of creating a workout environment for inactive adults and families; and WHEREAS, with over 50 percent of adults in the United States suffering from a chronic illness, such as diabetes, it is essential to provide adults with prevention and relief from these illnesses, and more than 9,000 scientific studies have proven that exercise improves health, but only 15 percent of the United States population exercises enough to impact one's health; therefore, ACAC's PREP program has been developed for inactive adults with poor health; and WHEREAS, unlike other fitness centers and exercise health programs, the PREP program staff consists of medical professionals, such as therapists and dieticians, and the availability of professionals in such a wide variety of health-related fields, in addition to the personal attention provided by each professional, creates a more inviting, pleasant environment for program participants; and WHEREAS, the PREP program was created with great consideration of the patients participating in the training, and it can be subsidized by ACAC for patients with a physician's referral; and WHEREAS, ACAC has already donated over $100,000 through PREP; and WHEREAS, patients attend two 30-minute small training sessions weekly, as well as attending a nutrition workshop, having vital signs tracked at each session, and having unlimited gym access during the program, and once the program is complete, patients have the choice to either continue attending ACAC, or receive assistance in changing to a new fitness plan; and WHEREAS, since late 2007, more than 1,200 people have enrolled in the PREP program, and 73 percent have continued to exercise regularly since completing the program. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 15th day of June 2011, publicly recognizes ACAC Fitness and Wellness Center, expresses gratitude on behalf of the county for its many contributions to the county, and congratulates them on being the 2011 Innovation Impact Award winner. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to ACAC Fitness and Wellness Center and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Q©~~~~4 CHESTERFIELD COUNTY _ BOARD OF SUPERVISORS Page 1 of 1 ~~. AGENDA Meeting Date: June 15, 2011 Item Number: 6.A. Subject: Work Session to Review 2011 General Assembly Legislation County Administrator's Comments: County Administrator Board Action Requested: The Board of Supervisors is requested to decide which new laws enacted by the 2011 General Assembly should be advertised for public hearings to amend the County Code, sent to the Planning Commission for recommendation or studied further . Summary of Information: After each General Assembly session, staff identifies changes in State law that become effective July 1St which: (1) require ordinance changes or (2) permit ordinance changes. The attached "summary sheet" contains the staff recommendations on which new items should be scheduled for a public hearing, sent to the Planning Commission, or studied further. Preparers Jeffrey L. Mincks Attachments: ^ Yes Title: County Attorney 0425:86131(86087.1 & 86132.1) No "aoc~c~~s 2011 Virginia General Assembly Legislation Affecting the County June 15, 2011 Staff Recommendations Summary Sheet I. CHANGES REQUIRING BOARD ACTION Item No. Bill Bill Description Staff Recommendation Board Decision No. / / Agree Disagree 1. SB 757 Amend County Code to permit the Set public hearing for 1. / discharge of pneumatics guns on August 24, 2011. private property under certain circumstances. 2. HB 1584 Amend County Code to specify Set public hearing for 2. / that illegal gambling includes August 24, 2011. "internet sweepstakes cafes". 3. HB 1588 Amend Coun . Code to comply SB 1350 with the new disclosure requirements for real estate assessment records. 4. HB 1844 Amend zoning ordinance to incorporate new landowner notice provisions. Set public hearing for 3. / August 24, 2011. Refer to Planning 4. / Commission for recommendation. 5. SB 862 Amend County Code to add buffer Refer to Planning 5. / requirement to ordinance Commission for governing the siting of wind recommendation. energy systems. II. OPTIONAL CHANGES PERMITTING BOARD ACTION 6. HB 2142 Amend County Code to increase Set public hearing for 6. fee paid to County for passing bad August 24, 2011. check from $35 to $50. 7. HB 1911 Amend County Code to authorize Refer to School 7. SB 946 School Board to install video- Board and monitoring systems on school Commonwealth's buses to document drivers passing Attorney for stopped school buses. assessment. 8. HB 2364 Adopt a resolution authorizing the County Administrator to provide aid to, or receive aid from, other localities in situations where County has not formally declared a local emergency. Have County 8. Attorney prepare resolution for consideration by the Board. ~®0~~(j 0425(23):86132.1 9. HB 1822 Amend Coun , Code to create a separate tax classification for machinery and tools used directly in manufacturing equipment for national defense and to create "defense production zones". 10. HB 1587 Amend the County Code to grant new businesses up to two years' relief from BPOL taxes. Refer to Budget and Audit Committee and Economic Development for recommendation. Refer to Budget and Audit Committee and Economic Development for consideration during FY13 budget process. 9. 10. 11. HB 1851 Amend the County Code to create, Refer to Budget and 11. SB 860 for real estate taxation purposes, a Audit Committee for separate class of property for consideration during buildings that are on the Virginia FY13 budget process. Landmarks Registry. 12. HB 2278 Amend the County Code to establish new net financial worth and annual income standards to determine eligibility for real property tax exemption program for elderly and disabled citizens. Refer to Budget and 12. Audit Committee for consideration during FY 13 budget process. 13. HB 2217 Discontinue Disability Services No action at this time. 13. Board. Staff to study and report to Board. 14. HB 1408 Amend the County Code to No action. 14. exempt from BPOL tax any business that has no after-tax profits for the tax year. 15. HB 1437 Amend County Code to calculate No action. 15. BPOL taxes based on a business's Virginia taxable income rather than gross receipts. 16. HB 1940 Amend County Code to exempt No action. 16. §501(c)(3) organizations that prepare and sell food at fund- raising events from Health Department's restaurant regulations. 17. SB 873 Amend County Code to adopt an No action. 17. ordinance providing for a family subdivision of land held by a trust. ~00~~~ 0425(23):86132.1 2011 VIRGINIA GENERAL ASSEMBLY LEGISLATION AFFECTING THE COUNTY June 15, 2011 I. CHANGES REQUIRING BOARD ACTION 1. Amend the County Code to permit the discharge of pneumatics guns on private property under certain circumstances. [SB 757] Staff Recommendation: This legislation prohibits localities from having an ordinance that would prevent the discharge of pneumatic guns on private property, with the permission of the owner, so long as reasonable care is taken to prevent the projectile from crossing the boundary of the property. Any local ordinance that conflicts with this legislation is invalidated. The County Code must be amended to reflect the specific language required by the statutory change. The Police Department does not anticipate any issues as a result of this change. Staff recommends that the Board set a public hearing for its August 24, 2011 meeting to consider this amendment. 2. Amend the County Code to clarify that illegal gambling includes "internet sweepstakes cafes". [HB 1584] Staff Recommendation: This legislation changes the definition of illegal gambling under the state criminal code to include "internet sweepstakes cafes" where customers first purchase items of minimal value, such as internet time or vouchers which then entitle the customer to "free" points. The customer uses the free points to play electronic games for a chance to win money. The County needs to change the definition of illegal gambling in the County Code to match the Virginia Code change. Staff recommends that the Board set a public hearing for its August 24, 2011 meeting to consider this amendment. 3. Amend the County Code to comply with the new notice requirements and deadlines applicable to appeals of real property tax assessments. [HB 1588; SB1350] Staff Recommendation: HB 1588 requires that, once a locality has assessed any residential property containing less than four residential units, the local real estate assessor must provide written notice to the taxpayer of the taxpayer's right to review and obtain copies of the assessor's assessment records and the taxpayer's right to request that an assessor make an on-site examination of the property. The County needs to amend the Coun Code to reflect this new notice requirement. Staff recommends that the Board set a public hearing on the amendment for its August 24, 2011 meeting. ~-~,r~- O~~~aca; 0425(23):86087.1 4. Amend the County's zoning ordinance to incorporate new landowner notice provisions. [HB 1844] Staff Recommendation: HB 1844 provides that when a person requests a written zoning determination from the Director of Planning (or the BZA) and such person is not the owner (or owner's agent) of the property about which the request is made, written notice must also be given to the property owner within ten days of the request and the owner must receive a copy of the determination. Section 19-19.1 (b) of the County's zoning ordinance will need to be amended to provide for notice to the property owner and to state that the property owner has the right to appeal. The Board must refer this matter to the Planning Commission for its recommendation since this is an amendment to the zoning ordinance. 5. Amend the County Code § 19-65(h) to add buffer requirement to the ordinance governing the siting of wind energy systems. [SB 862] Staff Recommendation: This bill requires local ordinances that regulate siting of renewable energy facilities to contain provisions limiting noise, "requiring buffer areas and setbacks", and addressing facility decommissioning. The County's zoning ordinance regulates the siting of "wind energy systems" (essentially windmills). These regulations address all of the factors that are required to be considered under SB 862 with the exception of regulations governing "buffer areas." The County's ordinance needs to be amended to include a provision regarding buffer areas. The Board must refer this matter to the Planning Commission for its recommendation since this is an amendment to the zoning ordinance. II. OPTIONAL CHANGES PERMITTING BOARD ACTION 6. Amend the County Code to increase the fee paid to the County for passing a bad check from $35 to $50. [HB 2142] Staff Recommendation: This legislation permits the County to increase the current fee the County charges to a person passing a bad check from $35 to $50. Staff recommends that the Board set a public hearing for August 24, 2011 to consider an ordinance to increase this fee. 7. Amend the County Code to authorize the School Board to install and operate video-monitoring systems on County operated school buses in order to document drivers passing stopped school buses. [HB 1911; SB 946] Staff Recommendation: This legislation permits the County, by ordinance, to authorize t install video-monitoring systems on school buses to record drivers buses. The bill further allows the ordinance to direct that any civil 0425(23):86087.1 2 he School Board to who pass stopped penalty levied for a 0®0~02:s violation of the bus-passing law be reserved for School Board use. Staff recommends that this issue be referred to the School Board and Commonwealth's Attorney's office to assess the need for and benefit of such video-monitoring systems. 8. Adopt a resolution authorizing the County Administrator to provide aid to, or receive aid from, other localities in situations where the County has not formally declared a local emergency under Virginia law. [HB 2364] Staff Recommendation: The General Assembly amended the Virginia Code to permit a locality to authorize its chief administrative officer to enter into mutual aid agreements for the provision to, or receipt of, aid to other localities on occasions when a local emergency has not been declared under Virginia's Emergency Services and Disaster Law. The resolution may include terms and conditions deemed necessary by the Board for participating in such aid agreements, including the type of aid (personnel, equipment, etc.) that may be provided or received. Staff recommends that the County Attorney's Office in conjunction with the County Administrator prepare a resolution for consideration by the Board at a future Board meeting. 9. Amend the County Code to 1) create a separate tax classification for machinery and tools used in the manufacturing or equipment for national defense and 2) create "defense production zones". [HB 1822] Staff Recommendation: This legislation authorizes localities by ordinance to separately classify for taxation machinery and tools employed by a business which manufacturers equipment used for national defense. This permits localities to tax such machinery and tools at a lower rate than is generally applied to other machinery and tools (the County's current rate is $1.00 per $100). The legislation also allows localities to adopt an ordinance creating "defense production zones" to attract businesses that manufacture defense-related equipment. Within the zones, the County can reduce permit and user fees as well as BPOL taxes and can provide incentive grants to businesses that meet specified objectives for capital investment and new job creation. Staff recommends that this item be referred to the Budget and Audit Committee and the Economic Development Department for further study and recommendation to the Board. 10. Amend the Coun , Code to provide relief from BPOL taxes to any business locating in the County for the first time. The business can be granted full or partial tax relief for up to two years. [HB 1587] Staff Recommendation: HB 1587 allows a locality to implement a BPOL tax incentive program for businesses that locate for the first time in the locality. The incentive program can provide complete or partial exemptions from BPOL taxes. Incentives may be granted for a period not to exceed two years from the date the business locates in the locality. Staff recommends that this issue be referred to the Budget and Audit Committee and the Economic 0425(23):86087.1 3 0 ®~ ~ 2 Development Department as part of the consideration of the FY13 budget to determine the impact on revenue and whether this program would legitimately promote the County's economic development program. 11. Amend the County Code to create, for real estate taxation purposes, a separate class of property for buildings that are on the Virginia Landmarks Registry and are maintained in good condition. [HB 1851/SB 860] Staff Recommendation: The General Assembly created a new class of property for real property tax purposes which includes buildings that are individually listed on the Virginia Landmarks Registry and are properly maintained to preserve their historic character. If the Board adopts this new class of property, the Board is authorized to set a lower tax rate than the rate generally applicable to real property. Staff recommends that the Budget and Audit Committee study this issue as part of its consideration of the FY13 budget. 12. Amend the County Code to establish new financial worth and annual income standards to determine eligibility for real the County's property tax exemption program for elderly and permanently and totally disabled citizens. [HB 2278] Staff Recommendation: Up to now, state law has dictated the net worth and income limits applicable to local programs granting real estate tax exemptions for the elderly or disabled. The 2011 General Assembly amended the Virginia Code to codify a constitutional amendment adopted by voters in November 2010 which authorized local governments to establish their own annual income and financial worth eligibility requirements. Staff recommends that the Budget and Audit Committee, in conjunction with the County Attorney, the Director of Budget and Audit and the Commissioner of the Revenue, study the tax relief program (with modifications, if appropriate, to the County's existing income and net worth limitations) as part of the consideration of the FY13 budget. The County's current limitation amounts will apply to tax relief for the elderly and disabled until the Board adopts a new ordinance. 13. Repeals the state law requiring localities to have Disability Services Boards. [HB 2217] Staff Recommendation: Until now, state law has required localities to have a disability services board which supports the interests of citizens with physical and sensory disabilities. Several years ago, the state stopped funding the incentive grants that local disability services boards had previously awarded. Since the cessation of this grant funding, the County's Disability Services Board has focused on educational and advocacy tasks on behalf of disabled citizens. Staff recommends that that the Board take no action at this time to discontinue the Disability Services Board but to allow staff to evaluate the goals and purposes of the Disability Services Board and report back to the Board by the end of the next fiscal year with any recommended changes. 0®0®i~;~ 0425(23):86087.1 4 14. Amend the Counter to exempt from BPOL tax any business that has no after-tax profits for the tax year. [SB 1408] Staff Recommendation: This legislation permits the County to exempt from BPOL taxation any business that, for the tax year in question, has no after-tax profits. BPOL taxes are calculated based on gross receipts, not profits and it is not possible to determine how many businesses would be able to qualify for this exemption. Staff recommends that the Board take no action. 15. Amend the County Code to calculate license taxes based on a business's Virginia taxable income rather than on gross receipts. [HB 1437] Staff Recommendation: The County Code currently provides that license taxes are based on a business's gross receipts. The General Assembly has amended the Virginia Code to allow localities to decide whether the license tax is to be based on gross receipts or the business's Virginia taxable income. Changing the tax basis from gross receipts to Virginia taxable income would result in an estimated 10 million dollar loss of revenue for the County each year. Staff recommends no change to the County business license tax ordinance. 16. Amend the County Code to adopt an ordinance exempting non-profit § 501(c)(3) organizations that prepare and sell food at fund-raising events from the Health Department's restaurant regulations. [HB 1940] Staff Recommendation: The 2011 General Assembly amended the state health laws to allow localities to exempt from Health Department regulations § 501(c)(3) organizations that hold occasional fund-raisers at which food is prepared by the organization and is offered for sale to the public. The Chesterfield Health Department believes that this exemption would prevent the County from ensuring appropriate food safety and sanitization. Accordingly, staff recommends that the Board take no action. 17. Amend County Code to adopt an ordinance providing for a family subdivision opportunity if the land is held not by a family member but by a trust. [SB 873] Staff Recommendation: The 2011 General Assembly authorized localities to provide fora "family subdivision" of a parcel when the parcel is owned, not by a family member but by a trust. Currently, family subdivisions are only permitted if the land to be subdivided is owned by a family member and the subdivided lot is conveyed to another family member. Under this legislation, the subdivided parcel can be owned by a trust but all of the beneficiaries of trust have to be immediate family members and all must agree that the property should be subdivided. In addition, all the family members must agree to place a restrictive covenant on the subdivided property that would prohibit the transfer of the property to a 0425(23):86087.1 5 ®®®~~~ non-member of the immediate family for a period of 15 years. Staff believes that the mandatory 15-year retention period is unrealistically long and cannot be legitimately enforced. Furthermore, a restrictive covenant is not sufficient to serve as a legal prohibition against future conveyances since the covenant can be amended or eliminated at any time by the property owner. Staff recommends that the Board take no action. III. CHANGES OF INTEREST WHICH DO NOT REQUIRE AN ORDINANCE 18. Firefighters: HB 1580 permits localities to allow a paid or volunteer firefighter with 10 or more years of service, but fewer than 20 years of service, to purchase at fair market value the helmet or boots issued to the firefighter. In addition, the statute allows any paid or volunteer firefighter with over 20 years of service to be given the helmet or boots issued to the firefighters or to purchase the helmet or boots at a price of $1. [County-initiated legislation.] 19. Search warrant affidavit: In order to obtain a search warrant from a magistrate, a police officer, or a citizen, must submit an affidavit which describes the place, thing, or persons to be searched and the material facts constituting probable cause for the search. Previously, affidavits were available to be viewed by the public and the press immediately after they were filed by the magistrate with the Clerk of the Circuit Court. Often this was before the search was able to be conducted. This legislation specifies that the affidavit is only available for public inspection after the warrant that is the subject of the affidavit has been executed or 15 days after issuance of the warrant, whichever is earlier. Virtually all search warrants are executed within this 15- dayperiod. [County-initiated legislation.] (3~0~2 i 0425(23):86087.1 6 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 2 AGENDA ~xs Meeting Date: June 15, 2011 Item Number: 6.6. Subject: Annual Review of Cash Proffer Calculations and Adoption of a Maximum Cash Proffer Amount Per Dwelling Unit for FY2012 and Cash Proffer Policy Changes County Administrator's Comments: County Administrator: Board Action Reques`te'd: After a brief presentation to review the cash proffer calculations, the Board is requested to consider a maximum cash proffer amount per dwelling unit for FY2012 and changes to the cash proffer policy. Summary of Information: Staff annually calculates the per residential dwelling unit impact of development on select capital facilities and evaluates the Board's cash proffer policy for possible amendments. These findings are reviewed with the Board and the Board has the opportunity to establish a maximum per dwelling unit cash proffer amount for the coming fiscal year. Since inception of the legislated authority to accept cash proffers, the Board has from time to time amended its policy and revised its maximum per dwelling unit cash proffer amount that can be accepted from applicants seeking to rezone property. The calculated cost for FY2012 is $28,567 per dwelling unit which is 10.3% higher than last year's calculated cost of $25,901. The Board has the option to establish a maximum cash proffer amount up to the calculated cost of $28,567. Preparers Allan M. Carmody Attachments: ^ Yes Title: Director Budget and Management ^ No # po~02S ~ CHESTERFIELD COUNTY __ BOARD OF SUPERVISORS Page 2 of 2 =~s AGENDA State law allows the amount of previously accepted cash proffers to be adjusted annually based on changes in the Marshall & Swift Building Cost Index. The Marshall & Swift index increased 5.9 percent since last year. In 2004, the Board approved a change that annually automatically adjusts the cash proffer amount on previously approved cases by the amount of change in the Marshall & Swift Building Cost Index, reflective of changes in building construction costs. Applying the 5.9 percent Marshall & Swift index adjustment to cases previously approved at the FY2011 maximum cash proffer amount results in a cash proffer of $20,085 effective July 1 on those cases. Staff recommends that the proffer amount on previously approved cases not be adjusted any higher than the amount established for new cases. State law enacted by the 2010 General Assembly changed the timing of collection of cash proffers. The new law only allows payment after completion of final inspection and prior to the issuance of a certificate of occupancy. This law is applicable only to cash proffers accepted in zoning cases approved after July 1, 2010. During the 2011 General Assembly a revision to this law extended this timeframe from July 1, 2014 to July 1, 2015. In order to allow permit applicants the option to paying cash proffers at the time of building permit on cases that were approved before July 1, 2010 application, staff recommends a policy change. The policy revision (attached) would provide applicants with three options to guarantee payment of the proffer later than at the time of permit application. These options are described below, and each would be delivered to the county by the applicant at the time of permit application. Option A - Voluntary security for payment - bond, letter of credit, or other acceptable form Option B - Voluntarily imposed and recorded lien on lot/unit Option C - Agreement obligating bank to disburse cash proffer payment to county ~~®®~~~. FY2012 6/15/2011 CHESTERFIELD COUNTY, VIRGINIA CASH PROFFER POLICY A. General Guidelines 1. The Board will accept cash proffers for rezoning requests that permit residential uses in accordance with this policy. However, the Board may also accept cash, land or in- kind improvements for the capital facilities included in the County's cash proffer calculation in accordance with county and state law. Land or in-kind improvements may be accepted in addition to or in lieu of cash payments. The Board will consider providing a credit for dedications of land and in-kind improvements, such credit being applied to the specific capital facility category for which the dedication or in-kind improvement is proffered. In its review of zoning requests, the Board will consider health, safety and welfare issues and measures taken by the zoning applicants to address their impacts on capital facilities in accordance with this policy. An application containing proffers that satisfactorily mitigate the impact on capital facilities does not necessarily satisfy all health, safety and welfare issues. 2. Pursuant to this policy, staff will (i) calculate the annual net cost of public facilities, (ii) calculate the fiscal impact of a rezoning request that permits residential uses and (iii) administer the collection and expenditure of proffered funds. Transportation proffers for non-residential rezonings shall be computed by the Transportation Department on the same basis utilized prior to July, 1989, and at the Board's option, may include cash instead of improvements. 3. Any cash proffer policy must meet a "reasonableness" or "rough proportionality" test, which requires the Board to determine in each zoning case whether the amount proffered is related both in nature and extent to the projected impact of the proposed development on public facilities. Through this policy, staff will be able to recommend a maximum proffer in each case that meets this test of reasonableness. 4. Staff determines the cost of public facilities generated by new growth by relying on the assumption that any revenue derived from growth (residential and commercial real estate taxes, sales taxes, fees, etc.) will pay all the normal operating costs for services to residents of new developments with no funds remaining to pay for the cost of public facilities needed to serve these residents. State and county laws permit the Board to accept cash proffers to fund the public facility needs generated by any new residential development. 5. In determining the net cost per dwelling unit of a public facility, staff relies on countywide averages, where possible. In addition, staff will consider the five components described below, as well as any other unique circumstances of which staff is aware, related to an individual zoning case. 1 ®~®~~~ FY2012 6/15/2011 6. To determine how and where a proffer will be spent, the County is divided into geographic or service districts. For facilities which have a Countywide service district (parks, libraries, and fire stations), the proffer may be spent Countywide. For roads and schools, the proffer will be spent within smaller service districts as described below. 7. The following public facilities will be funded by cash proffers: schools, roads, parks, libraries, and fire stations. The County does not currently accept cash proffers to fund public facilities such as jails, landfills and other government facilities. 8. A development proposal's impact on capital facilities will be evaluated based on the gross number of proposed dwelling units. When calculating the gross number of dwelling units, staff will: a. use the lesser of average actual recorded lot yields and the number of dwelling units proffered by the applicant and, b. not give credits for those dwelling units permitted under existing conditions of zoning or agricultural lots, and will not consider the transferring of allowable units from other properties. The Board may consider development proposals that include substantial upgrades to current design/development standards and ordinance requirements as justification for accepting reduced cash proffer payments for the pre-existing lot yields provided the applicant has not otherwise submitted documentation indicating higher lot yields in conformance with existing ordinances and reflective of site-specific physical features. 9. A development proposal's fiscal impact on capital facilities shall be established under the Board of Supervisors' cash proffer policy that is in effect at the time the case is being heard; however, if the Board of Supervisors changes the maximum cash proffer amount while the development proposal is still pending, the revised maximum cash proffer amount shall be applied. A pending development proposal shall be subjected to only one revision in the maximum cash proffer amount, such revision being the first revision following the application date, provided the case is approved within two years of the application date, excluding any time the case was deferred at the Board's request, but a development proposal not decided within this time frame will be evaluated in accordance with the maximum cash proffer in place at the time the case is heard. 2 ~€~®t~3 FY2012 6/15/2011 B. Methodology and Policy Terms 1. There are five "components" involved in calculating what a new dwelling unit will cost the County in terms of providing public facilities. The components are as follows: a. Demand generators -Staff uses the weighted average of single family and multi- family persons per household (2.72 for FY06) and an average number of students per household (0.53 for FY06) to calculate demand generators (number of people and number of students) associated with a new dwelling unit. b. Service levels -Staff calculates existing service levels for each type of facility for which a cash proffer will be accepted. Examples of service levels are: 5.53 acres of park land per 1,000 people, 2.34 library books per person, and 99 square feet of space per elementary school child. (Service levels are calculated annually) c. Gross cost of public facilities -Staff calculates the gross cost of public facilities. The gross cost is used because a credit (described in (d) below) for anticipated future revenues from a new dwelling unit will be applied against the gross cost. For example, to calculate the gross cost of park facilities, multiply the average persons per dwelling unit by the cost per acre of park land plus improvement cost per acre of park land times the acres per capita. d. Credits -Staff calculates a credit to apply against the gross cost for each public facility. Chesterfield has issued and plans to continue to issue general obligation bonds to finance the construction of public facilities. Residents of new developments will pay real estate taxes to the County and a portion of these taxes will go to help retire this debt. So that new dwelling units are not paying twice (once through payment of a cash proffer and again through real estate taxes) a credit is computed. e. Net cost -Staff calculates the net cost per public facility or maximum cash proffer. This is the gross cost [(B)(1)(c)] per public facility minus the applicable credit [(B)(1)(d)] per public facility. 2. There must be a relationship between the rezoning itself and the need for a public facility. In order to ensure that money proffered by an applicant is used to fund the public facilities necessitated by the development, geographic service areas or districts are established across the County. a. Since parks, libraries, and fire stations serve the entire County, the geographic service districts for these facilities are determined to be countywide. Rezoning 3 ~~®®.`~ G FY2012 6/15/2011 requests can be analyzed on a countywide basis to determine their impact on these facilities and proffers may be spent to fund these facilities countywide. b. Rezoning requests can be analyzed on a countywide basis to determine their impact on schools. In order to ensure that money proffered by an applicant is used to fund the public facilities necessitated by the development, the county is divided into three geographic service districts corresponding to the attendance zones of grouped high schools. District one corresponds to the combined attendance zones for James River, Midlothian and Monacan High Schools, District two corresponds to the combined attendance zones for Clover Hill, Cosby, Manchester and Matoaca High Schools and District three corresponds to the combined attendance zones for Meadowbrook, Bird and Thomas Dale High Schools. Funds collected from a development within a District will be spent on school improvements within that District or for any school improvement that provides relief for the District the development is in. c. With respect to roads, rezoning requests are analyzed based on two geographic service districts, one north of Route 360 and one south of Route 360, to determine costs and impact. These service districts are used to calculate a road cost per dwelling unit. The Transportation Department has identified 19 traffic sheds across the County and money collected from a development within a particular shed will be spent on road improvements within that shed or on roads that provide relief to that shed. 3. The Board may prefer that a rezoning applicant mitigate the development's calculated impact on public facilities by dedicating property or doing in-kind improvements in lieu of all or a portion of the cash proffer. For property designated for dedication (excluding roads) staff will follow the County's procedure for "Acquisition of Private Property for Public Use". The value of donated land generally will be based on the current assessed value of the property, not to exceed the cost per acre used in the calculation of the proffer. The value of improvements shall be the estimated cost as determined by the County and calculated as if constructed by a governmental entity. If the dedication or in-kind improvement does not fully mitigate the development's calculated impact on public facilities, then the dedication and/or improvement's value may be applied as a credit against the development's calculated impact on the applicable public facility. The credit cannot exceed the development's calculated impact on the applicable public facility. If the value of the dedication or improvement is more than the calculated impact for the applicable public facility, the County may pay the difference. Credit for roads may be allowed for off-site land dedication or improvements, as recommended by the Transportation Department. 4 ~8~~~~~ FY2012 6/15/2011 4. The County will continue to consider any unique circumstances about a proposed development that: (i) mitigate the development's projected impact on public facilities; and (ii) create a demonstrable reduction in capital facility needs. Unique circumstances may include, but not be limited to, participation in regional road projects and age-restricted housing projects. The County, the zoning applicant or any other person may identify such mitigating circumstances. 5. The County will consider unique circumstances for revitalization projects when a) the development proposal is on property in the county's enterprise zone or areas in the county that are determined to be blighted and b) when the development proposal includes commercial uses in addition to housing unless incompatible with the Comprehensive Plan. If warranted, the County may consider a reduction to an applicant's cash proffer for such revitalization projects that provide an economic benefit to the County. 6. When a rezoning application is filed to modify a development proposal that contains cash proffers and was approved within the previous five years, then the county may determine that the rezoning application constitutes only a minor modification and that the previously accepted cash proffer amount adequately addresses the capital impacts of the modified development proposal. 7. a. Payment of the cash proffer will be in accordance with state law. In accordance with 2010 Acts of Assembly, Chapter 613, the provisions of that chapter apply only to cash proffers accepted in zoning cases approved after July 1, 2010. Timing for dedication of property or in-kind improvements should be specified in the proffer. Cash proffers, property dedications and in-kind improvements must be used for projects identified in the Capital Improvement Program. The Capital Improvement Program is based in part on the County's Public Facilities Plan, which projects long-term facility needs. b. In lieu of payment of the cash proffer for a dwelling unit at time of the issuance of a building permit under 7 a., the County will accept payment of the cash proffer immediately after final inspection of the dwelling unit but before issuance of a certificate of occupancy but only if the applicant for the building permit has satisfied one of the following requirements: 1) has, at the time of issuance of the building permit, voluntarily submitted to the County a bond, letter of credit or other financial security, in a form acceptable to the County, which secures payment of the cash proffer prior to issuance of a certificate of occupancy for the dwellin unit; 5 ~~®~.~~ FY2012 6/15/2011 2) has, at the time of issuance of the building permit, voluntarily imposed (and recorded in the deed books of the Clerk's Office of the Chesterfield County Circuit Court and to be indexed in the Grantor's Index) a lien on the properiy (or has had such a lien imposed and recorded) in a form acceptable to the County and in the amount of the cash proffer, which lien can only be released upon certification by the County that it has received the cash proffer; or 3) has, at the time of issuance of the building permit, voluntarily submitted an agreement with the County, under which a financial institution which is providing financing either for the construction of the dwelling unit or for the purchase of the completed dwelling unit, obligates itself to disburse funds to the County from the closing of the financing (and prior to issuance of a certificate of occupancy for the dwellin unit) to pay the cash proffer; both the financial institution and the agreement must be acceptable to the County. Under no circumstances shall the County issue a certificate of occupancy for such dwelling unit until the cash proffer for the unit has been paid in full to the County. 8. Cash proffer payments shall be used to fund schools, roads, parks, libraries and fire station capital facilities. Payments shall be expended in accordance with state law. 9. Adjustments in the cash proffer amount may be considered every fiscal year. Staff will recompute net costs based on the current methodology and recommend adjustments. Any adjustments to the maximum cash proffer amount would be effective upon adoption, but no sooner than July 1 of the new fiscal year. 10. The maximum cash proffer for cases heard by the Board of Supervisors between July 1, 2010 and June 30, 2011 is $18,966 per dwelling unit. Thereafter, and absent other Board action, the maximum shall be $18,966 automatically adjusted by the annual change in the Marshall and Swift Building Cost Index. 11. The maximum per dwelling unit cash proffer for cases already approved shall be automatically adjusted by the annual change in the Marshall & Swift Building Cost Index on July 1 of each year. 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Subject: Nomination/Appointment/Reappointment of Members to the Economic Development Authority for the County of Chesterfield County Administrator: Board Action ReQu Nominate/reappoint Ms. Teri Cofer Beirne and Mr. Lloyd A. Lenhart and nominate/appoint Mr. Arthur J. Heinz to serve on the Economic Development Authority for the County of Chesterfield. Summary of Information: The Economic Development Authority (EDA) works in conjunction with the Department of Economic Development to help create new jobs, expand the tax base and diversify the economy of Chesterfield County. The authority is chartered through a state law that allows cities and counties to create industrial or economic development authorities with wide-ranging powers, not available to local governments, in order to facilitate economic development opportunities within the community. All members of the EDA are at-large members and ten applications were received from citizens interested in serving. Ms. Teri Cofer Beirne, a resident of the Midlothian District, Mr. Lloyd A. Lenhart, a resident of the Matoaca District and Mr. Arthur J. Heinz, a resident of the Dale District have all agreed to serve as members of the EDA. Board members concur with the reappointment of Ms. Beirne and Mr. Lenhart and the appointment of Mr. Heinz, whose terms are effective July 1, 2011 and will expire June 30, 2015. Under the existing rules of procedure, appointments to boards and committees are nominated at one meeting and appointed at the subsequent meeting unless the rules of procedure are suspended by a unanimous vote of the Board members present. Nominees are voted on in the order in which they are nominated. Preparers E. Wilson Davis, Jr. Title: Director, Economic Development Attachments: ^ Yes ^ No # ~~~~~8 ~~, CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: June 15, 2011 Item Number: 8.A.~. Subject: Nomination/Appointment/Reappointment to the Health Center Commission County Administrator's Comments: County Administrator: Board Action Requested: Nomination/Appointment/Reappointment to the Health Center Commission. Summary of Information: The Health Center Commission (HCC) governs and oversees the operations of Lucy Corr Village. Sarah C. Snead, Deputy County Administrator for Human Services, serves as an ex-officio member-advisor to the HCC. James G. Kalanges is proposed to serve as the Bermuda District representative and Steven L. Micas is proposed as the Midlothian District representative. Michele A. Stoll is proposed to be reappointed to serve as the Dale District representative and Janice H. Dial is proposed to be reappointed as the Clover Hill District representative. All terms will expire June 30, 2015. The Board members concur with these appointments. A summary of the action follows: Name James G. Kalanges Steven L. Micas Michele A. Stoll Janice H. Dial Preparers Sarah C. Snead Attachments: ~ Yes (New) (New) (Reappointed) (Reappointed) Page 1 of 2 District t~ermuaa Midlothian Dale Clover Hill Title: Deputy County Administrator, Human Services CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Under the existing Rules of Procedure, candidates for boards and commissions are nominated at one meeting and appointed at the subsequent meeting unless the Rules of Procedure are suspended by a unanimous vote of the Board members present. ~~®~~;.~ CHESTERFIELD COUNTY ~"~ BOARD OF SUPERVISORS Page 1 of 2 AGENDA 1749 Meeting Date: June 15, 2010 Item Number: 8.A.3. Subject: Nomination/Reappointment to the Community Criminal Justice Board County Administrator's Comments: County Administrator: Board Action Regues It is requested that the Chesterfield County Board of Supervisors approve the following nominees for reappointment to the Community Criminal Justice Board (CCJB) for a two-year term according to the adopted by-laws of the Community Criminal Justice Board. Appointments correspond to prescribed positions in the Code of Virginia. Summary of Information: The Community Criminal Justice Board (CCJB) serves the 12th Judicial Court Circuit consisting of Chesterfield County and the City of Colonial Heights. The Board provides for the development, evaluation and planning of community programs and services for the court in diverting offenders from local correctional facilities. At the June 14, 1995 meeting, the Board adopted a Resolution entitled Joint Resolution Providing for the Implementation of the Comprehensive Community Corrections Act (CCCA) and the Pretrial Services Act (PSA); Establishment of the Chesterfield County and City of Colonial Heights Community Criminal Justice Board; and provisions for Joint Exercise of Powers. Preparers Sarah C. Snead Title: Deputy County Administrator, Human Services Attachments: ^ Yes ^ No # ~~®~~~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 The resolution designated membership by position, according to the Code of Virginia. The Community Criminal Justice Board members serve for two-year staggered terms; thus ten members are typically appointed each year. Nominees must be approved by both the Chesterfield County Board of Supervisors and the Colonial Heights City Council. It is requested the following individuals be reappointed to serve a two-year appointment that begins July 1, 2011 and ends June 30, 2013. The Honorable Edward A. Robbins, The Honorable Philip V. Daffron The Honorable Dennis Proffitt The Honorable William B. Bray Mr. Shawn Q. Barnes Ms. Sarah C. Snead Mr. Randy Rowlett Ms. Deborah O. Burcham Jr. (Juvenile & Domestic Relations Court) (General District Court) (Chesterfield County Sheriff) (Colonial Heights Commonwealth's Attorney) (Chief Magistrate) (Chesterfield County Representative) (Defense Attorney) (Community Services Board Representative) All nominees are currently serving on the Community Criminal Justice Board. All have agreed to serve if reappointed. The Executive Committee of the Community Criminal Justice Board recommends this slate for appointment. At this time, there are two additional vacancies due to the resignations of Raeford W. Walker and Elvira Shaw, both Colonial Heights citizen appointments. Upon Colonial Heights naming two citizen appointees, staff will bring appointments to these vacancies back to the Board for consideration. Under the existing Rules of Procedure, appointments to Boards and Committees are nominated at one meeting and appointed at the subsequent meeting unless the Rules of Procedure are suspended by a unanimous vote of the Board members present. Nominees are voted on in the order in which they are nominated. ~®~~:~ CHESTERFIELD COUNTY __ BOARD OF SUPERVISORS Page 1 of 2 ~r. AGENDA Meeting Date: June 15, 2011 Item Number: 8.B.1.a. Subject: Request for a Permit to Stage a Fireworks Display at the Sunday Park Peninsula of Brandermill on Monday, July 4, 2011, with a Rain Date of July 5, 2011 County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to approve a permit to stage a fireworks display at the Sunday Park Peninsula at Brandermill on Monday, July 4, 2011, with a rain date of July 5, 2011. Summary of Information: The Brandermill Community Association ("BCA") has requested permission from the Board to stage a fireworks display at the Sunday Park Peninsula at Brandermill on Monday, July 4, 2011, at dusk, with a rain date of July 5, 2011. BCA has retained W. G. Bulifant, II, of Dominion Fireworks, Inc. to discharge the fireworks. Mr. Bulifant is an experienced, capable fireworks discharger who has conducted numerous similar displays at Brandermill and elsewhere in the County. The BCA has submitted evidence of a fireworks liability insurance policy naming the County of Chesterfield as a co-insured party in Preparers Jeffrey L. Mincks Attachments: ~ Yes ^ No Title: County Attorney 0505:86121.1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA the amount of $2,000,000. The Fire Marshal's Office has reviewed the request and has indicated that the proposed display meets all applicable criteria under the Fire Prevention Code. In the twelve years that Brandermill has conducted this fireworks display, no safety or fire responses have been necessitated by the fireworks activity. The Fire Marshal and the Director of Utilities have also determined that fireworks displays such as the one proposed by BCA do not have an adverse environmental effect on Swift Creek Reservoir. 0505:86121.1 ~~~~~~ CHESTERFIELD COUNTY __ BOARD OF SUPERVISORS Page 1 of 2 ~x, AGENDA Meeting Date: June 15, 2011 Item Number: 8.B.1.b. Subject: Request for a Permit for Woodlake Community Association to Stage a Fireworks Display at the Woodlake Pavilion/Amphitheater on September 3, 2011, with a Rain Date of September 4, 2011 County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to approve a permit for Woodlake Community Association to stage a fireworks display at the Woodlake Pavilion/Amphitheater on September 3, 2011, with a rain date of September 4, 2011. Summary of Information: The Woodlake Community Association has requested permission from the Board to stage a fireworks display at the Woodlake Pavilion/Amphitheater adjacent to the Swift Creek Reservoir on Saturday of Labor Day weekend, September 3, 2011, with a rain date of Sunday, September 4, 2011. Mr. W.G. Bulifant, III, of Dominion Fireworks, who has previously conducted similar displays elsewhere in the County, will personally discharge the fireworks. Woodlake Community Association has conducted fireworks displays since 1995 without incident. Woodlake has submitted evidence of a fireworks Preparers Jeffrey L. Mincks Attachments: ~ Yes ^ No Title: County Attorney 0505:86123.1 o~o~s~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 liability insurance policy in the amount of $2,000,000, which names the County as an additional insured. The Fire Marshall's Office has reviewed this fireworks request and indicates that it meets the criteria of the Fire Prevention Code. The Fire Marshal and the Director of fireworks displays, such as the one Association, do not have an adverse Reservoir. Utilities have also determined that proposed by the Woodlake Community environmental effect on Swift Creek 0505:86123.1 ~~~~~~ CHESTERFIELD COUNTY __ BOARD OF SUPERVISORS Page 1 of 1 ~~9 AGENDA Meeting Date: June 15, 2011 Item Number: 8.B.1.c. Subiect: Request for a Permit to Stage a Fireworks Display at the Chesterfield County Fairgrounds on July 4, 2011 County Administrator's Comments: County Administrator: Board Actio The Board of Supervisors is requested to approve a permit to stage a fireworks display at the Chesterfield County Fairgrounds on July 4, 2011. Summary of Information: The Chesterfield County Parks and Recreation Department has requested permission from the Board of Supervisors to stage a fireworks display at the Chesterfield County Fairgrounds on July 4, 2011, with no rain date. The Parks and Recreation Department has conducted similar displays on the same property in previous years without incident. The fireworks supplier, Zambelli Fireworks MFG. Co., Inc., is a nationally known fireworks company that has successfully assisted the County in its July 4"' celebration for the past four years. Zambelli has obtained a liability insurance policy naming the County of Chesterfield as an additional insured party in the amount of $2,000,000. The Fire Marshal has reviewed this fireworks request and indicates that it meets the criteria under the Fire Prevention Code. Preparers Jeffrey L. Mincks Attachments: ~ Yes ^ No Title: County Attorney 0505:86122.1 #~~~~~ i CHESTERFIELD COUNTY _ BOARD OF SUPERVISORS Page 1 of 2 ,.~, AGENDA Meeting Date: June 15, 2011 Item Number: 8.B.1.d. Subject: Request for a Permit to Stage a Fireworks Display for Chesdin Landing Independence Day Celebration on Sunday, July 3, 2011, with a Rain Date of July 4, 2011 County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to approve a permit to stage a fireworks display for Chesdin Landing Independence Day Celebration on Sunday, July 3, 2011, with a rain date of July 4, 2011 contingent upon the applicant providing a satisfactory certificate of insurance to the Fire Marshal prior to the event. Summary of Information: The Community of Chesdin Landing has requested permission from the Board to stage a fireworks display at the driving range at Lake Chesdin Golf Club on Sunday, July 3, 2011 at dusk, with a rain date of July 4, 2011. The Community of Chesdin Landing has retained Jake Walther of Southern Exposure Pyrotechnics, LLC to discharge the fireworks. Mr. Walther is an experienced, capable fireworks discharger. The Community of Chesdin Landing Preparers Jeffrey L. Mincks Attachments: ~ Yes ^ No Title: County Attorney 0505:86191.1 #~~~~v~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA has submitted evidence of a $2,000,000 fireworks liability insurance policy. The policy need to name the County of Chesterfield as a co-insured, and the applicant has indicated that he will provide the certificate to the County before the event. The Fire Marshal's Office has reviewed the request and has indicated that the proposed display meets all applicable criteria under the Fire Prevention Code. The Fire Marshal and the Director of Utilities have also determined that fireworks displays such as the one proposed by The Community of Chesdin Landing do not have an adverse environmental effect on Lake Chesdin. 0505:86191.1 ®~®~~~. 17tl CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: June 15, 2011 Item Number: 8.6.2. Subiect: Resolution Recognizing Corporal Larry K His Retirement Covington, Police Department, Upon County Administrator's Comments: ~~ County Administrator: ,~'~~ ~~ Board Action Requested: Adoption of the attached resolution. Summary of Information: Corporal Larry K. Covington will retire from the Police Department on July 1, 2011, after providing nearly 33 years of service to the citizens of Chesterfield County. Preparers Colonel Thierry G. Dupuis Title: Chief of Police Attachments: ^ Yes ~ No # ~~®~~~ RECOGNIZING CORPORAL LARRY K. COVINGTON UPON HIS RETIREMENT WHEREAS, Corporal Larry K. Covington will retire from the Chesterfield County Police Department on July 1, 2011, after providing nearly 33 years of quality service to the citizens of Chesterfield County; and WHEREAS, Corporal Covington has faithfully served the county in the capacity of Dispatcher, Police Officer, Investigator, Detective, Senior, Master and Career Police Officer, and Corporal; and WHEREAS, during his career, Corporal Covington has served as a Field Training Officer, General Instructor, Marine Patrol Officer, Peer Counselor, and as a member of the Critical Incident Stress Management Team; and WHEREAS, Corporal Covington was chosen as the 1985 Police Officer Rookie of the Year; and WHEREAS, Corporal Covington was selected as the Police Officer of the Year in 1995, and was again nominated in 1996, coming in second place; and WHEREAS, Corporal Covington was commended for his observation skills and police intuition that subsequently led to the pursuit, capture and arrest of a dangerous suspect, and although he received multiple injuries including a crushing injury to his foot after being hit by the suspect's vehicle after his initial approach, the suspect was arrested for numerous charges including Felony Hit and Run, and Attempted Capital Murder of a Police Officer; and WHEREAS, Corporal Covington received a Certificate of Achievement for his response to the Virginia Tech University shooting that occurred in 2007, when as a member of the Critical Incident Stress Management Team, he provided counseling and support to the family members of the victims, as well as the responding officers, forensic personnel, students, friends and faculty; and WHEREAS, Corporal Covington was commended for his excellent police work, which resulted in the clearing of multiple automobile larceny cases and other tri-city crimes in three different jurisdictions; and WHEREAS, Corporal Covington was the recipient of a Certificate of Achievement for the initiative and diligence displayed in solving a number of vandalisms and larcenies that had occurred, and his efforts resulted in 45 criminal charges and convictions for three suspects; and WHEREAS, Corporal Covington was presented with the Help Eliminate Auto Theft (HEAT) Award by the Virginia State Police for breaking up a stolen car ring and recovering 10 stolen vehicles, the highest number recovered in the Central Virginia area for that year; and WHEREAS, Corporal Covington spent a considerable amount of off-duty time during his career serving as a Peer Counselor and helping families of officers called to active duty and deployed overseas; and ~~~~~~ WHEREAS, Corporal Covington is recognized for his communications and human relations skills, professionalism and teamwork, all of which he has utilized within the Police Department and in assisting citizens of Chesterfield County; and WHEREAS, Corporal Covington has received numerous letters of commendation, thanks and appreciation from the citizens of Chesterfield County for service rendered; and WHEREAS, Corporal Covington has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Corporal Covington's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Corporal Larry K. Covington, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. ~~~~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: June 15, 2011 Item Number: 8.6.3. Subiect: State Road Acceptances County Administrator's Comments: County Administrator: ~..~ Board Action Requested: Adoption of resolutions for referenced state roads acceptances. Summary of Information: Dale District: Branch's Bluff Section 1 Midlothian District: Abbey Village Section A at Charter Colony Preparers Richard M McElfish Title: Director. Environmental Engineeri Attachments: ^ Yes ~ No # ,~ ~~~t~~~ TO: Board of Supervisors FROM: Department of Environmental Engineering SUBJECT: State Road Acceptance -BRANCH'S BLUFF SECTION 1 DISTRICT: DALE MEETING DATE: June 15, 2011 ROADS FOR CONSIDERATION: BIRCHS BLUFF RD BRANCHS BLUFF DR BRANCHS WOOD LN PILLOW BLUFF LN PROCTORS BLUFF LN PROCTORS RUN DR Vicinity Map: BRANCH'S BLUFF SECTION 1 ~~ O~~ O ~ wf w -mot a` RD ~~ C O Z r- pER z EGRINE 1 GAR Hq, G~ 1. BRANCHS BLUFF DR EVELAKE RD ILL F LN ~'~ ~ Z Q- p ~ ~~O ~ c=n ~~ ~ Q~Ov ~ ~ ~ ~ r~ \ a OFF z ~ CT r ~ ~N a ~ T ~~ Q ~ FALCO~~P~I LN C) ~ ~ U V m ~ OPT p D ~~~ W ~ ~P "'i J Z WWII VETERANS M ~ DERMOTTE CN EMOR~AC HWY J W Z ~ SHAUN CT O 2 I- W GLISSON F THURSTON RD Produced By Chestsr}leld County GIS ~~E1~~~ TO: Board of Supervisors FROM: Department of Environmental Engineering SUBJECT: State Road Acceptance -ABBEY VILLAGE SECTION A AT CHARTER COLONY DISTRICT: MIDLOTHIAN MEETING DATE: June 15, 2011 ROADS FOR CONSIDERATION: ABBEY VILLAGE CIR ABBEY VILLAGE DR Vicinity Man: ABBEY VILLAGE SECTION A AT CHARTER COLONY N WOOLRIDGE RD ~ PC' E D,Q ~~ ~v 2 O ~ v O ~~ ~ ~ ~~ ~ ~,~ Z V ~ ~ P Oi Q 2 U -~ a ~ r~ o ~ a ~~ ~ ~ ,~Q- o ~ ~ a ~ ~~ ~o ~~' V VO ~ O'° ~ N ~ ~~ ~ ~G NO ~q ~~' ~ T I~p a~ co o~ ~ ~, c~ ~ D R ~~ 2 mm O ~~ ~ OS 'As A wKi o /R O,Q NS ~ C Produced By Chestsrlleld Courrty GIS ~~~~~~ ~_..~`, ixa CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: June 15, 2011 Item Number: 8.B.4. Subject: Planning Commission Request to Extend Draft Chesterfield Countywide Comprehensive Plan Review to September 20, 2011 County Administrator's Comments: ;' County Administrator: Board Action Regue ed: Approve the Planning Commission's request to extend its draft Chesterfield Countywide Comprehensive Plan review to September 20, 2011. Summary of Information: On January 12, 2011, the Board of Supervisors referred the draft Countywide Comprehensive Plan to the Chesterfield County Planning Commission, directing the Commission to both submit the plan to public hearing and take action on the plan no later than the Commission's July 19, 2011 meeting. As explained further in the attached letter, the Commission is requesting an extension of their review until its September 20, 2011 meeting. Preparers Kirkland A. Turner Title: Director of Planning Attachments: ^ Yes ~ No ~~~~ y~ Chesterfield County, Virginia -- Chesterfield Planning Commission t'J49 9800 Government Center Parkway - P.O. Box 40 -Chesterfield, V~1 23832-0040 Phone: (804) 748-1050 -Fax: (804) 717-6295 -Internet: chesterfield.gov F. WAYNE BASS, Chairman William Paul Brown Matoaca District SAM R. HA.SSEN, Vice-Chairman I3crmuda District Dalc District RUSSELL J. GULLEY (.;lover Hill District REUBEN J. WALLER, JR. Midlothian District May 27, 2011 Dear Board Members: As of today's date, the Planning Commission has completed eleven special meetings and one regularly scheduled Planning Commission work session in review of the draft comprehensive plan. The Planning Commission currently has three special meetings scheduled for the month of June, 2011. Attached is a breakdown of each special meeting by date and topic discussed reflecting that the review has been orderly and methodical in its approach. Although the Planning Commission is making headway in the review of the draft comprehensive plan, it is clear that much review remains to be completed. The important topics awaiting review include the Implementation Element including the draft Public Facilities Element and draft Public Facilities Plan, the draft Transportation Element and draft Transportation Plan, and the draft Action Matrix. In addition, there is much discussion that needs to take place concerning the urban development areas, density issues and issues related to revitalization and infill development. Necessitating additional time, the Planning Commission plans to review and gain input to its proposed draft comprehensive plan recommendations with the citizenry in each district. Therefore, the Planning Commission has determined that not enough time remains for an adequate review of the draft comprehensive plan and additional citizen input to meet the assigned July 19, 2011 deadline for the Planning Commission's recommendations to be sent to the Board of Supervisors. After thoughtful deliberation, the Planning Commission requests that the Board of Supervisors grant a time extension until the Commission's regular meeting on September 20, 2011 in order for the Planning Commission to successfully complete its review and forward its recommendation regarding the draft comprehensive plan to the Board of Supervisors. Thank you for your kind consideration of this request. The Planning Commission awaits your direction concerning this matter. Sincerely, ~~ ~~ F. Wayne Bass, Chairman ®~~~D~ i Providing a FIRST CHOICE community through excellence in public service Plannin>; Commission Special Meetini?s Draft Comprehensive Plan Review • Special Meeting 1(2-9-11) o Land Use Element o Chapters 1-3, Modeling Presentation • Special Meeting 2 (2-22-11) o Transportation Presentation/Discussion -Consultants o Economic Development Presentation/Discussion -County staff • Special Meeting 3 (3-15-11 Planning Commission Work Session) o Consideration of revised format of Draft Comprehensive Plan • Special Meeting 4 (3-17-11) o Land Use Element Presentation -Consultant o Land Use Element discussion • Special Meeting 5 (3-31-11) o Economic Development Element -Discussion o Presentation by Environmental Health Manager, Health Dept. o Economic Development Presentation -County staff • Special Meeting 6 (4-i1-11) o Revitalization Element and Housing Element Discussion o Presentation by Richmond Regional Planning District Commission (RRPDC). o Revitalization Presentation -County staff o Revitalization Element Presentation -County staff o Housing Element Presentation -County staff • Special Meeting 7 (414-11) o Water and Wastewater Element Discussion o Utilities Presentation -County staff • Special Meeting 8 (4-28-11) o Transportation Presentation/Discussion -County staff o Transportation Presentation/Discussion -County staff • Special Meeting 9 (5-5-11) o Housing Element, Natural and Cultural Resources Element Discussion o Natural and Cultural Resources and Environmental Quality Presentation -Consultants • Special Meeting 10 (5-17-11) o Environmental Quality Element Discussion o Draft Land Use Map Presentation -County staff • Special Meeting 11 (5-19-11) o Land Use Plan Map Discussion o Draft Land Use Map Presentation -County staff ~~Q~~~ CHESTERFIELD COUNTY !`r _ ~` ' BOARD OF SUPERVISORS Page 1 of 3 '-~ ~ AGENDA Meeting Date: June 15, 2011 Item Number: 8.B.5. Subject: Authorization to Proceed with the Spring Run Elementary School Athletic Complex Lighting Project County Administrator's Comments: County Administrator: Board The Board is requested to: 1) authorize the County Administrator to proceed with bidding; 2) authorize the County Administrator to enter into the customary Dominion Virginia Power new service agreements; 3) authorize the Chairman of the Board of Supervisors and County Administrator to execute easement agreements for the installation of new utilities; and 4) authorize the County Administrator to award a construction contract up to $165,000 to the lowest responsive and responsible bidder. Summary of Information: The Spring Run Elementary School Athletic Complex multi-purpose field has been in operation for two years serving the Spring Run Athletic Association, a co-sponsored group that partners with the department for provision of baseball and football youth sports at this facility. These sports require field use in the evening to best serve their practice needs and allow for maximum participation levels in baseball and football programs. This project will provide the standard lighting system used at department fields to meet this need. A community meeting has been held and the project. is strongly supported. Fall 2011 is the targeted timeframe for completion of this project . Staff estimates this project will cost approximately $180,000. The estimate will be refined as the project is developed. Preparers Michael Golden Title: Director of Park and Recreation Attachments: ^ Yes ^ No #~~~~~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 3 AGENDA Summary of Information: (continued) Utility easements will be required. Staff requests that the County Administrator be authorized to proceed with the customary project activities including the award of a construction contract up to $165,000 to the lowest responsive and responsible bidder. Recommendation: Staff recommends the Board: 1) Authorize the County Administrator to proceed with bidding; 2) Authorize the County Administrator to enter into the customary Dominion Virginia Power new service agreements; 3) Authorize the Chairman of the Board of Supervisors and County Administrator to execute easement agreement for the installation of new utilities; and 4) Authorize the County Administrator to award a construction contract up to $165,000 to the lowest responsive and responsible bidder. DIStrICtS: Matoaca ~~~~~~~ ~~ 1149 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Budget and Management Comments: This item requests that the Board authorize the County Administrator to proceed with bidding and contract approval to the lowest responsible bidder for installation of lighting at the Spring Run Elementary athletic fields. This project was part of the 2004 bond referendum and funding is sufficient to award a contract up to $165,000. Preparers Allan M. Carmody Title: Director, Budget and Mana eq ment Spring Run Athletic Complex Multi-Purpose Field Lighting Project Budget Biddin $2,500 Ri ht-of-Wa $0 New Utili Installations $10,000 Construction Administration/Ins ection $2,500 Construction Bid $155,000 Contin enc $10,000 TOTAL $180, 000 U~~~" CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 2 AGENDA ins Meeting Date: June 15, 2011 Item Number: 8.B.s.a. Subject: Award of Construction Contract for County Project #09-0020, Mistywood Road, Silverleaf Terrace and Silverleaf Court Waterline Rehabilitation County Administrator's Comments: County Administrator: Actio The Board of Supervisors is requested to award the construction contract to Godsey and Son, Inc. in the amount of $304,036.00, authorize a transfer of $335,000 from rate stabilization fund to Mistywood Road, Silverleaf Terrace and Silverleaf Court Waterline Project, and authorize the County Administrator to execute the necessary documents. Summary of Information: This project consists of construction of approximately 2,000 linear feet of 8" and 6" ductile iron water main and associated appurtenances. Staff received seven (7) bids on this project. One of the bids was declared non-responsive for not acknowledging Addendum 1, which may have affected the bid price. The six (6) responsive bids received ranged from $304,036.00 to $443,543.04. Godsey and Son, Inc. submitted the lowest responsive bid in the amount of $304,036.00. The County engineering consultant Whitman, Requardt & Associates, LLP has evaluated the bids and recommends award of contract to Godsey and Son, Inc. Funds are available in the current CIP. District: Clover Hill Preparers Geor a B. Ha es Title: Assistant Director of Utilities Attachments: ~ Yes ^ No # ~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 i'•e AGENDA Budget and Management Comments: The Board of Supervisors is requested to award the construction contract to Godsey and Son, Inc. in the amount of $304,036.00, authorize a transfer of $335,000 from the rate stabilization fund to the Mistywood Road, Silverleaf Terrace and Silverleaf Court Waterline Project, and authorize the County Administrator to execute the necessary documents. There is sufficient funding in the rate stabilization fund for this transfer. Staff budgeted the engineering, easement, and construction costs through the rate stabilization reserve but waited to transfer the construction funding from the rate stabilization fund until it was necessary due to the length of time expected for engineering and easement acquisition and until staff received the constructions bids, which came in under the engineers' estimates. Staff is now recommending the transfer of $335,000 for award of the contract and to allow for a loo contingency in the event that a change order is deemed necessary. Preparers Allan M. Carmody Title: Director, Budget and Management ~~~~`~~t MISTYWOOD ROAD, SILVERLEAF TERRACE AND SILVERLEAF COURT WATERLINE REPLACEMENT " ' _ ~ _ _ ;' rC- _ ' _ ,~ ...~ ~ ~ ` MIDL HIAN URN IKE ---~ ~;---:e„ ~T---_~~_.. ~ _ _ 1 I` _____ . ~. ~. ~ - , ~__ ~r ~~ _ ~ ~. _ --~.. \< C ,! ,_ ~ {j ~ - ~ _. ~ _ .- _ ~ ~ i . _ _- +_. - -, _. .. A't" i . ~ ~• 1 I ~ ~~ "'~..• ` '~~ ~~•~ i 'iii 1 ~+ ~ ~ - '~ ~ /' / `\' /~ _ / ~, ,. ~ ~ i ..,. i = ~ •' ~~. i , "` ~ i •\ ,- ~. -. _, . ,_ ., _ _: - ,7;-~, . ~ .~,~ ~~. a~.~ - ~~ '. ~ ~~ ~ I - /~ ~ ~ ~ ~ iA~ ~~ \ ~ GAS ~~i - ~ v. , ~~ T ~, J~ ~~ ~ `~ ~ +;(~ !~ \ , ~~ / ~ \~ 1, t - ( ~ • ' `' ~ ` '' `` ` ' MISTYWOOD ROAD ~, `C .~_._-.-~-.._,, ': ,- T ~ , . _ _ - ~ ~- ~~ ~ 4NATERLINE REPLACEMEN - --~ ~ ~ . "'y- j° ~--- - --- ~. ~ , , ~.. _ / \~ ._ •i ~ ~ r~ . ~~ ~.. ~ ~~~•~ v f _~ ~' :A _ . /~~ ,l _. " , ___--_ . '~ ~ i ~; ~_ ,p - 9~ ,~ ,. ._~ ~ ~ `~ , - ~ J'Y~i~ _. ._ J i _ ~ .,- ,. ~, . y,~~ ~~ r ~.~ 6 . ,, ~ _ a~ ~~ ~ y i _ ~ ~~~` i . / y v .fir ~i ~,/ ~~~ ~ ~ ~ - - - j 1. ' ,ti r i ~... ~~ ~. _ '\..,~..~ ~ ~ ~? - 1 \~ \ ~~ ~ ~ > /Y ~ _ \ /~ / Cheeterlield County . r.._ DapartmontaUUliGen 1 ~i N .. .. 1 inch = 1,3001eo1 V V~V`~~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 2 AGENDA ,,.. Meeting Date: June 15, 2011 Item Number: 8.6.6.b. Subject: Award of Construction Contract for County Project #07-0342, Hopkins Road Waterline Replacement from Centralia to Route 288 County Administrator's Comments: County Administrator: The Board of Supervisors is requested to award the construction contract to Godsey and Son, Inc. in the amount of $620,621.00, authorize a transfer of $295,000 from rate stabilization fund to the Hopkins Road waterline and authorize the County Administrator to execute the necessary documents. Summary of Information: This project consists of construction of approximately 3,900 linear feet of 16 inch ductile iron water main and associated appurtenances. Staff received five (5) bids ranging from $620,621.00 to $797,250.00. Godsey and Son, Inc. submitted the lowest bid in the amount of $620,621.00. The County engineering consultant URS Corporation has evaluated the bids and recommends award of contract to Godsey and Son, Inc. Funds are available in the current CIP. District: Dale Preparers George B. Hayes Title: Assistant Director of Utilities Attachments: ~ Yes ^ No # ~ CHESTERFIELD COUNTY __ BOARD OF SUPERVISORS Page 2 of 2 ~~= AGENDA Budget and Management Comments: The Board of Supervisors is requested to award the construction contract to Godsey and Son, Inc. in the amount of $620,621.00, authorize a transfer of $295,000 from the rate stabilization fund to the Hopkins Road Waterline project and authorize the County Administrator to execute the necessary documents. There is sufficient funding in the rate stabilization fund for this transfer. Staff budgeted the engineering, easement, and construction costs through the rate stabilization reserve but waited to transfer the construction funding from the rate stabilization fund until it was necessary due to the length of time expected for engineering and easement acquisition and until staff received the constructions bids, which came in under the engineers' estimates. Staff is now recommending the transfer of $295,000 for award of the contract and to allow for a loo contingency in the event that a change order is deemed necessary. Preparers Allan M. Carmody Title: Director, Budget and Management HOPKINS ROAD WATERLINE REPLACEMENT ~I ~ i .i ~ ,I i _ , ti ~ ~`,~i' \ . _ ~/' , - ~ - - ~ - 11 ~ I ` = `~ ' HOPKINS ROAD / ~` - \~ ~ ~ ,i ~~_ - ~ cATERLINE REPLACEME .,,,,~ ' I ' ';~- \/ - - _ , ,. ~~ ~ ~~' ~_ t \ ~~ ~ . s , ~ '~ _ /, • ~~~ _, ~ i ~ r _ ~ _ ~, 1C~ ;~ t_ ~_. ~` _ ~ ~ ~~ ~ •~ t ' 1 i .~ _ ~' ~ •, ,,. ~, ~ ~ ~i; _~ _ 1 ~ ~ ,_ _ ~ i ~ ~' , ~~\ ~ ~ 7.r Y ;. ~ ;j ~ ~ \ < ~~ .. ... . ;~ t~ ~~ \ V ~ \, ~ ~ _ ~ ~ ~ . A~ A i / ~ / ~ ~ , ~ "~ ~t ~ ~ , r(~ ~ T ~ ~ /C ~" ~, _!\ r ~ ~~ ~ i~i r-- ,/ 1 _ Chestertield County . '.. ..' . w .. , . `+ ... Ospanment of Utilities ~ "L t " ' ° .q. t inch = 1,300 feet - - CHESTERFIELD COUNTY `~ sy ~'', BOARD OF SUPERVISORS Page 1 of 1 ~„~ AGENDA Meeting Date: June 15, 2011 Item Number: 8.B.7.a. Subiect: Request Permission for a Proposed Fence to Encroach Within an Eight-Foot Easement Across Lot 3, Rossington, Section 2, Villages of Longmeadow County Administrator's Comments: County Administrator: n Grant Darren Woodell and Stacy Woodell permission for a proposed fence to encroach within an 8' easement across Lot 3, Rossington, Section 2, Villages of Longmeadow, subject to the execution of a license agreement. Summary of Information: Darrell Woodell and Stacy Woodell have requested permission for a proposed fence to encroach within an 8' easement across Lot 3, Rossington, Section 2, Villages of Longmeadow. This request has been reviewed by Environmental Engineering and Comcast Cablevision. The existing storm sewer will not be affected. Approval is recommended. District: Bermuda Preparers Dean R. Sasek Title: Assistant Real Property Manager Attachments: ^ Yes ~ No # ~~~~,. ~~, ~~ VICINITY SKETCH Request Permission for a Proposed Fence to Encroach Within an Eight Foot Easement Across Lot 3, Rossington, Section 2, Villages of Longmeadow N Chesterfield County Department of Utilities W ; . ~. E S I hcl - 16.E !et ®~~~ 2 . Ex. 8' Exn't i ~]I! Lot 4 ~ Of N Darren Woodell Stacy Woodell 3424 Ellenbrook Dr. DB. 8243 PG. 151 PIN: 794648855800000 ~. T. J..1 6~2.t2' to the w/L ar R=3!6.00' ResNngton 81w/ ext'd L=rJ.6$' ELLE~BRODK DRl1/L' o~~E.p,~TH o,~` Lot 3, Section 2, . ,~ ~z Ross~ngton at the ,,~ ~ Villages o f L on gm Bodo w, `~ ~` p0°8 Bermuda District, ~~ ~,~„EC~ Chester~e/d County, i/A Lot 20 ~` HTddan Valley Estat ~ - FI ~a 81k. L, Sec 8 LICENS Q~ Q~ ---------------------,_~._. F 400.00' ~ N 53'20'38" E -~ s/i?ed ~ . '~: 0 25' Setbvdc Line . Lest 2 } a ~~~~~~ Yur+chaser. Darren W°°deN Notes . All ut81tles undarQround. CHESTERFIELD COUNTY '~ ~` BOARD OF SUPERVISORS Page 1 of 1 ~~'Z AGENDA Meeting Date: June 15, 2011 Item Number: 8.B.7.b. Subject: Request Permission for a Proposed Wooden Fence to Encroach Within a Twenty- Foot Drainage Easement and a Sixteen-Foot Drainage Easement Across Lot 61, Mallory Village, Section A at Charter Colony County Administrator's Comments: County Administrator: Grant David F. Pascale and Amy L. Pascale permission for a proposed wooden fence to encroach within a 20' drainage easement and a 16' drainage easement across Lot 61, Mallory Village, Section A at Charter Colony, subject to the execution of a license agreement. Summary of Information: David F. Pascale and Amy L. Pascale have requested permission for a proposed wooden fence to encroach within a 20' drainage easement and a 16' drainage easement across Lot 61, Mallory Village, Section A at Charter Colony. This request has been reviewed by Environmental Engineering and Comcast Cablevision. The existing storm sewer will not be affected. Approval is recommended. District: Matoaca Preparers Dean R. Sasek Title: Assistant Real Property Manager Attachments: ^ Yes ~ No # ~~~~ VICINITY SKETCH Request Permission for a Proposed Wooden Fence to Encroach Within a Twenty Foot Drainage Easement and a Sixteen Foot Drainage Easement Across Lot 61, Mallory Village, Section A at Charter Colony N Chesterfield County Department of Utilities W i - -E S I hcl - 16.E Ret ~~~~ M(~ ,~r ~ wsz w uoN3oo~< g~\11t1ti~~.LL W Z¢.-t- ZO~~ ri'~ SZN~~~==(~~ W ¢ .fl 0 ~a <~aa..> ' W `, 3W ~ Y,1 / '. x22 `¢tCf~Yl W W ,•, 2 O O 2 LL~ pZ O~ I ~'--' tl n ` 'L Q O ,gg.{1~0 JmJ I~t°a. a '1' ~¢d ~ti: I p C N =ao: `zNWVI ~ ~ 1' C ~ ti 22 W2xNW ¢J JO~~ ~,e ~ 00[/12 I _ I ~ ¢WW4l~JH I ~~ ~ ~~e m N ^ ~ ~¢ ~W WwN I N ~ Vr 01 _ ~ a~ m J~- d ~ ~ d M TWtD~0002W ' ~ M M ~ NNti2W ZQ O~ I ~_ IL ~ C '~ N NZ.=. ww~wQi uNiu ,Z~6L I a ~ ~ 7 > N d1 ~ 7dZ~~dIN~N~i o I N¢ a ~ ~'fX'~ p Q .a-1. p d xl1nyyao~zao~~~(UiU/11 LL V I LL~ \ V ~. Yx~~t7¢YN~O lL yVl~ ~{~{~~>N~ZZ W'ZZZZZZ IJ• I UYHZNO ~U O W2w~+x~OQ~ U Wrt WO O>W¢ NN¢i~ ~a ~ y~~~~Wymy/J~O¢ I OOW ~x20GWJ ~J6'JN2 ~~+¢ ~ xw- z~s¢o'o~ I O ~-LLWN'-n~2m< ` O I Q O d' I ~~ c O n~~ yy W I mo- y ~ m l M ~ ~ ~`~ a ~~ p ~ g ° ` z oot~bSON _ ._- -- -- - ~ a ~ ~ a N ~~ a N~, x z~ _ 2<~ ~ __. ~iJ-ir y O¢O(fl~ a ~~ ~ M ONNWN ~ y7 ~~ , N LLOO~n .~ ~. ~ (~ UU QazJ U W ~r~ ¢ O t ly I l.L.. Z~ ~ 1 W 0 0 7~ V . ~ W ti 77~CC( ~ Z O J ~ I .-~ ~ W O ~ ~ - q z~ r"ca ~ ~ i ~ 4 Z S ~ p~z ~WJOty J ~ Q ~ Q °'~ Q O NJZ v J 1W-XLL=~ ~ ~ ~ a UWZOm -Vv ~ ~ Q y OFJ OW W W ~ ~ U {Yi W J H d N > Z S1L ~aaJ~a ~ H V ~ awa3wJ ~ 111 ~ ~ ~ Y ~ lJ.l ° ~ ai~z'd ~ Q ~ Z = o o w p U vi Z O W VI , J 1--1 Q- ~ Q J ~ t- - ' a („n ~ V 6 Z ~n z to - OO QO~Wfl d z `V ~ ~~~Z .., o ~ Q ~4 o dp ~Q]WJLL LL ¢WC~Q ~O awm¢~> Z .l 4 Q o ocTa~tnc"i-1 F- ~ Q x oN P4 ~ztnwo¢ P • ' aaa~N Eti!'`Jd bVi'W8 1V~d Q 'i Y _ Q OOOW~> ZZ~-UU2 ~~~~~ -----; CHESTERFIELD COUNTY ~, ' . _ _ ; ~ BOARD OF SUPERVISORS Page 1 of 1 ~~~ ~ AGENDA Meeting Date: June 15, 2011 Item Number: 8.6.8. Subject: Acceptance of Open Space Easement on Property on County Line Road County Administrator's Comments: County Administrator: Accept an open space easement on property on County Line Road as shown on the attached map and authorize the County Administrator to execute the easement agreement. Summary of Information: The Code of Virginia authorizes the holding of easements for the purpose of preserving natural, scenic, historic, scientific, open-space and recreational lands. The agreement will limit residential development of the property, prohibit industrial development and will allow construction of public trails along Swift Creek. This will provide public recreational opportunities in accordance with the goals of Parks and Recreation. Acceptance of the easement is recommended subject to approval of the agreement by the County Attorney. District: Midlothian Preparers John W. Harmon Title: Real Property Manager Attachments: ^ Yes ~ No # ~~~~~~ VICINITY' SKETCH Acceptance of Open Space Easement on Properly on County Line Road 89.2 Acre Open Space Easement ,+ to ~a ~~ ~~~ ~~ltaaa ~~'~,e- ~~~~ ~,~a11c ~ sk'~. c~F~ N Chesterfield County Department of Utildies , W .E 5 1 hcl - 833.33 to t ®~~~~~ ®~~~~o. CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 2 '~' AGENDA Meeting Date: June 15, 2011 Item Number: 8.B.9. Subject: Appropriation and Transfer of Additional Funds and Authorization to Award a Construction Contract for the Construction of the Old Hundred Road/ Brandermill Parkway/Kelly Green Drive Roundabout County Administrator's Comments: ~'" County Administrator: '' Board Action Requested: The Board is requested to appropriate additional funds from road cash proffers (shed 5), transfer funds from the General Road Improvement Account, and receive a transfer from School CIP funds up to a combined maximum total of $355,000. The Board is also requested to authorize the award and execution of a construction contract up to $677,742 for the construction of a roundabout at Old Hundred Road/Brandermill Parkway/Kelly Green Drive. Summary of Information: In September 2010, the Board authorized staff to proceed with the construction of a roundabout at Old Hundred Road/Brandermill Parkway/Kelly Green Drive. The Board also authorized the award of a construction contract up to $320, 000. Three bids were received on May 11, 2011. The low bid of $677,742 is approximately 112% higher than the engineer's estimate. The engineer's estimate failed to include estimates for some of the required work and should have been higher but was still significantly less than the low bid received. Staff was unable to negotiate a reduced price with the low bidder and therefore, the project has been re-advertised. (Continued on next page) Preparer: R.J.McCracken Preparer: Allan M. Carmody Title: Director of Transportation Title: Director of Budget & Management Attachments: ^ Yes ^ No # ~~~~ ~~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Summary of Information: (Continued Staff originally planned to construct the roundabout during the summer when school was not in session. With the project being re-advertised, the construction will be delayed approximately one month. In order to proceed with the construction additional funding is necessary. The Board is also requested to authorize the County Administrator to award and execute a contract of up to $677,742. Sufficient cash proffers are available in road shed 5 to appropriate and available to transfer general road improvement funds for award of this contract to the lowest most responsible bidder. Recommendation: Staff recommends the Board: 1) Appropriate a combination of additional funds from road cash proffers (shed 5) and transfer funds from the General Road Improvement Account (a maximum of $355,000) for the project, and 2) Authorize the County Administrator to determine appropriation and transfer amounts outlined above after seeking Schools' participation in the funding of this project from the savings in the Clover Hill High School project, and 3) Authorize the County Administer to award a construction contract up to $677,742 to the lowest responsive and responsible bidder. District: Clover Hill ~~~~r~J' OLD HUNDRED ROAD / BRANDERMILL PARKWAY ROUNDABOUT PROJECT UPDATED EXPENSES Prelimina En ineerin $ 77,926 Ri ht-of-Wa $ 9,367 Utili Relocation $ 21,421 Construction En ineerin $ 13,000 Construction Ins ection $ 47,000 Construction $ 677,742 Construction Contin enc $ 46,544 Miti ation $ 0 TOTAL $ 893,000 REVENUE Se tember 22, 2010 School CIP Fund $ 230,000 Se tember 22, 2010 Road cash rollers shed 5 $ 308,000 June 15, 2011 Proposed Combined road cash $ 355,000 proffers (shed 5), General Road Improvement, and Schools' contribution TOTAL $ 893,000 ~~~~~~ PR4PQSED RQUNDABC)UT ~_~ PROPOSED ROUNDABOUT •mccatlxnyxbtlhroRAyraVertMlJaromaU 81310 .' ~` ~~ ~l ~,4 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: June 15, 2011 Item Number: 8.8.10. Subject: Approval of the Chesterfield County Airport Rules and Regulations County Administrator's Comments: County Administrator: Approval and authorization for publication of the revised Airport Rules and Regulations, effective July 1, 2011. Summary of Information: The Federal Aviation Administration (FAA) allows an aircraft owner to perform maintenance on their aircraft if the owner is a certified mechanic, employs a certified mechanic, or is an amateur aircraft builder. The FAA expects that FAA-funded airports will allow their tenants the ability to reasonably perform this type of work. In the spring of 2010, Advisory Board for the the hangars that they lease documents limiter Board that a rewrite undertaken in order to hangar tenants of the airport petitioned the Airport right to perform all FAA-allowed maintenance work in lease. Restrictions in the current regulations and i such work. Staff recommended to the Airport Advisory of the rules and regulations of the airport be address these concerns. Preparers Robert C. Key Attachments: ~ Yes ~ No # ~~~~:~ Title: Director of General Services CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA The Airport Advisory Board asked the interested tenants to select three representatives to work with the airport staff and the advisory board in this rewrite of the rules. Staff and the Airport Advisory Board have held several public meetings where the rules rewrite was discussed and the public had the opportunity for input. Additionally, the revised rules have been reviewed by the FAA, the Virginia Department of Aviation, the County Attorney's Office, Risk Management, the Building Official's Office, and the Fire Marshal's office. The rules and regulations document that resulted from this process was unanimously approved by the advisory board in their May 17, 2011, meeting. In order to fully implement the revised rules and regulations, the county will install a fire separation wall in one group of hangars in FY2012 with funds available in the airport budget. This is necessary to meet Building and Fire Code requirements in order to allow the level of maintenance permitted by the new rules. The proposed effective date for the revised rules and regulations is July 1, 2011. ~~~~;~~ RULES VETTING PROCESS •Tenants provided written request to AAB •AAB Chairman asked tenants to choose three representatives to work with the AAB on the rules revisions •AAB reviewed and accepted tenant requests •Staff rewrite of rules to meet AAB guidance and to ensure for: -FAA compliance -Grant assurances •legal review •Insurance review •Building Code review •Fire Code review sisi2o~ ~ ~~~~~~ RULES VETTING PROCESS (Continued) • AAB chairman & FBO review (Feb 14) • AAB members & tenant review (Feb 15-28) • Joint AAB and tenant work session (March 16) • Review with BOS Members (March 17 April 1) • AAB collaboration with tenants & FBO (March-May) • AAB regular meeting for endorsement (May 17) • BOS consideration and approval (June 15) 6/9/2011 3 TENANT ISSUES & REQUEST 1.PM maintenance (FAA defined) allowed to be performed by all tenants in hangars 2.Owner/Certified mechanics allowed to perform maintenance in hangars 3.Employees of owners allowed to perform maintenance in hangars 4.Homebuilt aircraft final assembly allowed in hangars s/s/zo 11 a ®~ ~~ ~~~, REVISED RULES WILL ALLOW: 1. Preventative Maintenance (FAA defined) allowed to be performed by all tenants in hangars 2. Owner/Certified mechanics allowed to perform maintenance in hangars 3. Employees of owners allowed to perform maintenance in hangars 4. Homebuilt aircraft final assembly allowed in hangars 5. Full compliance with FAA guidance 6/9/2011 6 ®~~~~~ CHESTERFIELD COUNTY ' ,,.s -- BOARD OF SUPERVISORS Page 1 of 2 AGENDA Meeting Date: June 15, 2011 Item Number: 8.8.11. Subject: Approval of a Plan to Self-Fund Line of Duty Benefits and Adoption of a Resolution Opting Out of Funding the Line of Duty Act Through the Virginia Retirement System County Administrator's Comments: County Administrator: The Board of Supervisors is requested for eligible employees and volunteers of funding the Line of Duty Act fund to self-fund Line of Duty Act benefits and to approve a resolution to opt out through the Virginia Retirement System. Summary of Information: The Line of Duty Act, Virginia Code 9.1-400 et seq., provides benefits to certain hazardous duty employees (or their survivors) who are disabled or who die in the line of duty. Employees eligible for benefit coverage under the Act include hazardous duty state and local employees, auxiliary police officers and fire department and rescue squad volunteers. Pursuant to Item 258 of the Appropriations Act, paragraph B, the 2010 Virginia General Assembly established the Line of Duty Act Fund (the "Fund") for the payment of benefits prescribed by and administered under the Act, thereby shifting the cost of the benefits and the long-term contingent liability of up to $2.9 million from the general fund of the state onto local governments. This amendment also retroactively shifted the cost of existing and past liabilities. The VRS administered fund will charge the same rate to all participating entities regardless of past experience. Because of the high quality of its training programs and continuous emphasis on safety and wellness, Chesterfield County has significantly fewer claims than similarly sized local governments; therefore the county's most cost-effective option is self funding. Failure to opt-out prior to July 1, 2011 would cost the county approximately $276,000 in payments to the fund for FY12. The Accounting Preparer: Scott W. Zaremba Preparer: Allan M. Carmody Title: Director, HR Programs Title: Director, Budget & Management ~~~ d' Attachments: ^ Yes No # CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Department has had preliminary discussions about self-funding with the county's external auditors, and the Accounting Department has indicated that the liability for claims through June 30, 2011, is likely to be immaterial to the county's financial statements. The recently adopted budget allocates sufficient funding to cover the estimated cost for FY2012. Staff recommends approval. RESOLUTION Irrevocable Election Not to Participate in Line of Duty Act Fund WHEREAS, pursuant to Item 258 of the Appropriations Act, paragraph B, the Virginia General Assembly has established the Line of Duty Act Fund (the "Fund") for the payment of benefits prescribed by and administered under the Line of Duty Act (Va. Code § 9.1-400 et seq.); and WHEREAS, for purposes of administration of the Fund, a political subdivision with covered employees (including volunteers pursuant to paragraph B2 of Item 258 of the Appropriations Act) may make an irrevocable election on or before July 1, 2012, to be deemed a non-participating employer fully responsible for self- .... ,_. ....:.., funding all benefits relating to its past and present covered employees under the Line of Duty Act from its own funds; and WHEREAS, it is the intent of Chesterfield County to make this irrevocable election to be a non-participating employer with respect to the Fund. NOW, THEREFORE, BE IT RESOLVED that Chesterfield County hereby elects to be deemed a non-participating employer fully responsible for self-funding all benefits relating to its past and present covered employees under the Line of Duty Act from its own funds. AND, BE IT FURTHER RESOLVED that the following entities, Bensley-Bermuda Volunteer Rescue Squad Ettrick-Matoaca Volunteer Rescue Squad Forest View Volunteer Rescue Squad Manchester Volunteer Rescue Squad Bensley Volunteer Fire Department, Bon Air Volunteer Fire Department Midlothian Volunteer Fire Department Enon Volunteer Fire Department Clover Hill Volunteer Fire Department Matoaca Volunteer Fire Department Wagstaff Circle Volunteer Fire Department Chester Volunteer Fire Department Chesterfield Volunteer Fire Department Phillips Volunteer Fire Department to the best of the knowledge of Chesterfield County, constitute the population of its past and present covered employees under the Line of Duty Act. AND, BE IT FURTHER RESOLVED that, as a non-participating employer, Chesterfield County agrees that it will be responsible for, and reimburse the State Comptroller for, all Line of Duty Act benefit payments (relating to existing, pending or prospective claims) approved and made by the State Comptroller on behalf of Chesterfield County on or after July 1, 2010. AND, BE IT FURTHER RESOLVED that, as a non-participating employer, Chesterfield County agrees that it will reimburse the State Comptroller an amount representing reasonable costs incurred and associated, directly and indirectly, with the administration, management and investment of the Fund. AND, BE IT FURTHER RESOLVED that Chesterfield County shall reimburse the State Comptroller on no more than a monthly basis from documentation provided to it from the State Comptroller. Adopted in Chesterfield, Virginia this 15th day of June, 2011. Authorized Signature Title Meeting Date: June 15, 2011 Subject: FY2011 Year-End Adjustments County Administrator's Comments: County Administrator: i Actions Rec Page 1 of 4 Item Nurnber: 8.8.12. Consider FY2011 year-end revenue and expenditure adjustments and resolutions and modified service agreement for the Riverside Regional Jail Authority (RRJA) as follows: a. Appropriate revenues and expenditures for specific programs as well as authorize reallocations among general fund departments and related funds and decrease revenues and expenditures as outlined on Schedule A. b. Appropriate revenues and expenditures and authorize other adjustments for specific programs, projects and non-general fund departments as outlined on Schedule B. c. Authorize the County Administrator to assign and re-appropriate unspent FY2011 appropriations that are in excess of the FY2011 budgeted unassigned ending fund balance, contingent upon positive results of operations as detailed in the following paper. d. Authorize the County Administrator to assign and re-appropriate $1,480,168 in Utility Department funds, contingent upon positive results of operations as determined by the county's financial audit. e. Approve two resolutions and a modified service agreement for the Riverside Regional Jail Authority as per attached. Preparers Allan M. Carmody Title: Director, Budget and Management Attachments: ^ Yes ^ No # CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 4 AGENDA Summary of Information: The U.S., state and local economies have been in an unsettled economic pattern since late 2007, characterized by pronounced weakness in housing markets and prolonged joblessness. The `Great Recession' has resulted in numerous financial challenges for local governments, in particular, as real estate values have slid back to mid-2002 levels. Chesterfield County has fared better than most localities during the downturn due, in large part, to the proactive leadership of Board of Supervisors, a tradition of prudent long-range financial planning, and efficiency improvements introduced over recent years. That said a great deal of uncertainty continues to hover over the economic landscape, and, as a result, the county is likely facing several additional years of weak and uneven local revenue growth. Against that backdrop, staff presents the projected year-end results for FY2011. As always, these figures are only estimates of how the county revenues and expenditures fared compared to their budgeted levels for the fiscal year that will close on June 30, 2011. The final numbers will be determined by the county's audit and shared with the Board in the fall. Accordingly, all associated actions requested via this paper are contingent on those audited results. Nonetheless, this paper provides the Board with a preliminary look at the county's financial performance during FY2011 and gives some general parameters to help the Board and staff as they begin to develop the FY2013 financial plan. To that end, staff is pleased to report that current projections indicate that the county will close out FY2011 with positive results of operations. Similarly, county staff, in collaboration with the school finance office, is also projecting a year-end surplus for the school budget. Moreover, both organizations are projecting that their FY2011 results will be more than sufficient to meet their respective use of prior year savings targets that are embedded in the preliminary FY2013 financial plan. In summary, county staff is projecting expenditure savings of approximately 3.0 percent and surplus revenues of between 2.0 and 3.0 percent. Throughout the year, staff monitored financial activity and prepared quarterly revenue and expenditure projections. Several months ago, while finalizing the FY2012 budget, staff reported to the Board, a projected improvement in the FY2011 revenue outlook due primarily to a rebound in local consumer spending and a firming in used car values, coupled with state revenue performance that was not as weak as originally forecast. Staff continues to see this improved revenue projection holding up as the end of FY2011 nears. CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 3 of 4 AGENDA On the expense side of the FY2011 budget, personnel savings was a key contributor to the estimated surplus. As has been the general practice since the fall of 2008, county leadership, aided by the creativity and hard work of existing staff, effectively managed staffing levels, holding approximately 200 positions ,vacant throughout the course of the year, while limiting the impact on front-line programs and services. The county was also able to generate savings via its well managed debt program, by taking advantage of extremely low variable rate interest costs, favorable construction pricing and various refinancing opportunities. Moreover, ongoing efforts to minimize the impact of potential liabilities such as workers compensation and fluctuations in fuel and energy prices also played a major role in generating positive results for FY2011. Given the projected surplus, the County Administrator and staff have crafted a draft plan for how to employ the resources. As noted, despite some modest firming in consumer behavior, the county is still facing some significant risk of further economic erosion. Most notably, staff expects additional declines in homes values during CY2011 and next year in CY2012 with an outside possibility of even more slippage in CY2013, though declines are projected to moderate in each subsequent year. Given that real estate tax is the county's largest revenue source, the County Administrator feels the first priority for any surplus must be an addition to the revenue stabilization fund to guard against continued declines in the average residential tax bill, which has already been reduced in each of the last three years. That said the County Administrator recommends that, if available, the first $15 million, or roughly 2.0 percent of the total budget, of the surplus be set aside to smooth out future revenue fluctuations and allow for the uninterrupted provision of key county programs and services. There is also a corresponding request on behalf of the school division to reserve their surplus funds for use in future school budgets. Staff is projecting positive results of between $13.0-15.0 million, which would meet their preliminary target for use of prior year savings in their FY2013 budget, helping the division replace the expiring Federal Stimulus dollars. In addition, the County Administrator recommends that the next tier of resources be dedicated for a variety of county commitments - a number of which were discussed during the FY2012 budget deliberations. For example, the state has passed the responsibility for Line of Duty Act (CODA) benefit coverage for public safety personnel down to localities and this paper requests $2.9 million be set aside to address the associated long- term liability. Similarly, this tier includes a request of up to $950,000 to cover election and associated redistricting costs that are planned for this fall. All in, requests in this tier total approximately $4.5 million and would only be funded after revenue stabilization was addressed. CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 4 of 4 AGENDA Finally, the County Administrator recommends a third tier of reserve requests that would be dedicated to addressing critical capital replacement and other one-time needs across the organization such as fire apparatus, police vehicles, and school buses. During the last several budget cycles, departments have routinely deferred the replacement of key capital equipment in lieu of making programmatic changes. And, while this approach has helped to limit the impact on citizen services, it is not sustainable long-term. Accordingly, this reserve allocation would be available to address capital needs as they arise during the course of the year or as part of the traditional budget process. This paper requests that up to $9.0 million of the surplus be reserved for future capital needs. Any funds, if available, above and beyond that total are recommended for additional revenue stabilization coverage. While numerous economic risks linger, Chesterfield remains in a very solid financial position as evidenced by its recent reaffirmation as one of the nation's few triple AAA localities. Moreover, longstanding practices such as guarding against revenue swings (and their potential impact on service delivery) and addressing long-term liabilities - as recommended in this item - have been key parts of the foundation that has allowed Chesterfield to obtain its vaunted financial status and weather the ongoing economic downturn. That said staff recommends approval of the requested actions embedded in this paper. Revenue and Expenditure Adjustments In addition to discussing the projected year-end surplus, this paper also requests some modest adjustments to a handful of departments and capital projects as detailed in attachments A and B. Due to items such as limited turnover (in specific departments) and higher than budgeted retiree health care costs, some departments require an additional appropriation, though all of those needs have been balanced via available appropriations in other areas of the organization. There is also a request to reserve $1,480,168 in carry-over funding for the Utilities department for equipment purchases.. Actions Needed for RRJA Also in the spirit of prudent financial planning, the Board is also being requested to consider adoption of two separate resolutions and an amended service agreement with the Riverside Regional Jail Authority. The amended service agreement has been adopted by all other member jurisdictions and its primary purpose is to allow the RRJA to negotiate the charge for prisoners with non-member jurisdictions at a different rate then the RRJA members are paying. This will allow RRJA the most flexibility and potentially ease the financial burden on the member localities. Both of the resolutions address the rebate that all RRJA member jurisdictions are receiving that is being appropriated on year-end and in turn returned to the RRJA to cover operating costs for FY2011. GENERAL FUND Schedule A Additional County General Fund Departmental Revenue and Expenditure Budget Revenue Expenditures Accounting (62,977) a~ ~ ~ ~ Assessor ~ ~~ ~ _ ~`J~ 5 000 „ Building Inspection (109,000) ~~'' ~ ~ ~ebt'Se`e'~~ ~ r: ~'~ ~~~~' ~ ` ~ ~ * ~+ "~'(4 723)1 . . ,. . ~ ~ -. ; ~. _ Document Services 191,000) Io~ree B~ne is Y` z' ~` "~ ~~ 7 ~ ~ ~t225 000), ~ : ';G.~.c"`~3`.,".'v?'-.b_i3v9S,:. .;..L t kr rw+1 ~l i,.~'l~'ii .`l,J ,...._ .. .... ; ,:~ ~ _ .. .Jn..s ., 3 Employee Medical Center 65,000 , ~ w~~~290 97 8 ' s Traces • o t o ~ a 29 97,8 : ~ ~ , - ; _~«~ . ~ _ w , , , 3 _ , : -~ - j Clerk of Circuit Court 80,000 ~ sy.. - ~ ~.~ ~ ~ ~~' , ~ ~, ~~ ,~~r, enera~Dis ~our~ ~;;:r,, '~'~ OpO . , _ , Juvenile Detention Home (200,000) -~.~ r~ x ~,,~ ar,L ~,...m j ~ s ~~x° Ir~forfia ~o SX~eg~s~echiib ~ ~j ' 0~0 ~~ ~3 ~ .. ... ..,, _ ~ . Occupancy Tax payment to Greater Richmond Convention Center 21,400 231,400 ,.~, _., r.,. .~ _ „ ~ ins ~-.-_ •R2` ' ~pparks d ~ecreat~on ~<~ ~.~ tsk ~z,r x ~„ ~ 5 :~ .~. ' ~ : . +r~a~~n ._ ~25 000}~ ~~ ,z . ,, ~ ~ Regional Jail 1.651,980 2,034201 ;~?~~~.~:~~c~'n.. .._, ~'~" ~` ,_ ' ~ ~ 3.., ~ g~...~.: . _ ,,. _ .,~ _ " ;x(3$2 221 Tax Relief for the Elderly & Disabled 635,600 °.45 r ~~" t - `' > t lrp F ~ j ~~ ' x " : r ' ~ ~ ~~~ n{ ~:.~ ' e ' X1 09 400;: ~t ro. u .... _„,.c t . - ~ r. . ~ ~ ~.a. _ i ,.. m.., ; , Transfer to County Capital Projects 385,000 Waste and Resource Recovery 175,000 Total General Fund $2,742,858 $2,742,858 OTHER FUNDS Schedule B Other Funds -Revenue and Expenditure Budget Adjustments Change County Capital Projects: Cloverleaf Mall -Increase appropriations from rent to cover anticipated oversight of the mall site 160,000 Huntington Hills Drainage Project -replace loss of FY2012 CDBG funding with general fund dollars 200,000 Other Funds: ~Ai opt fn~~eas'~nffransfer~~to`tx-fhe'~enera~`turi~`to cover "~~ 'dt~"iZtP,C~x P. O ~ ~ ~ rt ~* Community Corrections -Dual Treatement Track Grant - appropriate federal and state revenues to cover program expenses 168,000 `Tdio:'~S~op rans~er.,fun i ig~o`#Fiisarr~'ount~#rom tf,e ~io~Sho a~rig~bud~ over.to a ca~ p oJect to ~ ~ ~~,:, 's Y ul~r~de sic , ~_:co~n . o. er~sites ~~ ~`~, `~ { ., ' '~~~ "~ ~ -~2 Q000 RIVERSIDE REGIONAL JAIL AUTHORITY RESOLUTION WHEREAS, the Riverside Regional Jail Authority (the "Authority") earmarked up to $3,262,075 in its budget for the current fiscal year, FY2011, as a source of funds from its LGIP account, also referred to as the Expansion Fund, which amount, together with revenues to be obtained from operations, was when budgeted and is currently expected, to be sufficient to cover operating expenses, including debt service on the Authority's revenue bonds; and WHEREAS, the Authority has been advised by bond counsel that money in the LGIP account is considered to be within the General Surplus Fund established under the Authority's revenue bond indenture (the "Indenture"), and may be used as intended by the Authority; however, for purposes of determining annual compliance with the revenue covenant in the Indenture only an amount equal to 10% of debt service for the fiscal year may be taken into consideration; and WHEREAS, bond counsel has further advised in order for the Authority to count the full amount as revenue for the fiscal year under the revenue covenant, the Authority must release the funds from the Indenture and arrange to have the member jurisdictions of the Authority (the "Members") return in the aggregate the same amount to the Authority as a supplemental payment or credit for prisoner care for the current fiscal year; and WHEREAS, the Authority has determined to return $3,262,075 to the Members and assess the Members a supplemental charge for the current fiscal year in an amount equal to the amount returned; and WHEREAS, the amount to be allocated and returned to each Member is based upon each Member's payment to the Authority of charges for the housing of its prisoners as a percentage of all Member charges for prisoner housing for the period July 1, 2010 through February 28, 2011. NOW THEREFORE, BE IT RESOLVED BY THE RIVERSIDE REGIONAL JAIL AUTHORITY AS FOLLOWS: 1. The Superintendent is directed to return $3,262,075 from the LGIP account within the General Surplus Fund to the Members to be allocated among them as follows in accordance with the methodology recited above: Charles City 0.85% $27,598 Chesterfield County 50.64% $1,651,980 Colonial Heights 13.71 % $447,162 Hopewell 11.79% $384,621 Petersburg 11.40% $371,782 Prince George 10.40% $339,449 Surry 1.21% $39,483 4844-1105-3065.4 2. The Superintendent is further directed to assess a supplemental charge for the current fiscal year 2011 against each Member in the amount to be transferred under paragraph 1 above for payment no later than June 30, 2011. 3. The Superintendent shall request that each Member advise the Authority whether to pay to the Member all or a portion of the amount allocated or to apply all or a portion of such amount as a credit to the supplemental charge. 4. The Superintendent and staff of the Authority are further authorized to do and perform all such acts as may be necessary or appropriate to carryout the intent of this Resolution. This Resolution shall take effect upon adoption. Adopted by the Riverside Regional Jail Authority this 28th day of March, 2011 Chairman 4844-1105-3065.4 2 RIVERSIDE REGIONAL JAIL AUTHORITY SERVICE AGREEMENT AMENDMENT RESOLUTION WHEREAS, the current Service Agreement among the Riverside Regional Jail Authority (the "Authority") and its member jurisdictions (the "Members") does not permit the Authority to assess a per diem charge for the care and housing of prisoners of non-member jurisdictions that is less than the per diem charge established by the Authority for prisoners of the Members. WHEREAS, the Authority desires flexibility in establishing charges for non-member jurisdictions to maximize its ability to generate revenue from operations and potentially reduce Member charges, and deems it appropriate to amend the Service Agreement to permit it to do so, and to request Member consent for such amendment. NOW THEREFORE, BE IT RESOLVED BY THE RIVERSIDE REGIONAL JAIL AUTHORITY AS FOLLOWS: 1. Subject to paragraph 3 hereof, Section 4.2 of the Service Agreement entitled "Payments from other Jurisdictions" is hereby amended in its entirety to read as follows: "Within the limits allowed by law, the Authority shall establish a per diem charge for the care, maintenance and subsistence of Prisoners from non-member jurisdictions, including the state and federal governments. Charges for non-member jurisdictions need not be uniform and shall be due and payable as the Authority and any non-member jurisdiction shall agree." 2. The Chairman and Superintendent are authorized to request that each Member approve the amendment to the Service Agreement herein authorized. Upon such approval, such officers shall cause the Service Agreement to be revised to reflect the amendment and signed by the Chairman or Vice Chairman, and delivered to the Members for execution. 3. This Resolution shall take effect upon adoption; provided, however, the Service Agreement amendment shall not become effective until it has been approved by the governing bodies of all Members. Adopted by the Riverside Regional Jail Authority this 28th day of March, 2011. Chairman ~~~1~D 4849-0152-8329.2 RESOLUTION WHEREAS, the Riverside Regional Jail Authority (the "Authority") has notified the County of a supplemental charge for prisoner care in the current fiscal year in the amount of $1,651,980 which is due no later than June 30, 2011; and WHEREAS, the Authority has provided funds to the County in an amount equal to such supplemental charge, and has requested that the County advise the Authority as to whether all or a portion of such amount is to be applied as a credit to the supplemental charge or paid to the County; and WHEREAS, the Authority advises funds sufficient for the supplemental charge to the County and supplemental charges to other members of the Authority are on deposit with the Authority and had been earmarked in the Authority's budget to be applied towards Authority expenses, however, on the recommendation of the Authority's bond counsel in order to receive revenue credit under a provision of the Authority's bond documents, the Authority was advised to distribute the funds and seek payment back in like amount as a supplemental charge; and WHEREAS, the Authority further advises that it desires to amend the existing Service Agreement with the member jurisdictions of the Authority to provide flexibility in establishing charges for housing prisoners of non-member jurisdictions to allow the Authority to increase revenue generated from operations and potentially reduce member jurisdiction charges, and the Authority has recommended language to effect such amendment. NOW THEREFOR, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY AS FOLLOWS: 1. The County is authorized to accept $1,651,980 from the Authority. 2. The amount specified in paragraph 1 is appropriated for payment to the Authority for prisoner care during the current fiscal year, and shall be paid not later than June 30, 2011. The officers of the County are authorized to pay such amount to the Authority in one or more payments, and are further authorized to direct the Authority to apply all or a portion of such amount as a credit towards the supplemental charge. 3. The following language amending and restating Section 4.2 of the Service Agreement is hereby approved as requested by the Authority: "Within the limits allowed by law, the Authority shall establish a per diem charge for the care, maintenance and subsistence of Prisoners from non-member jurisdictions, including the state and federal governments. Charges for non-member jurisdictions need not be uniform and shall be due and payable as the Authority and any non- memberjurisdiction shall agree." 4. All other actions in furtherance of the intent of this Resolution are authorized, including the execution and delivery by the officers of the County of all documents, instruments, agreements and amendments thereto herein approved. ~~~~~ 4820-2200-3721.3 5. This resolution shall take effect upon adoption. Adopted this day of , 2011 by the Chesterfield County Board of Supervisors. ~~~~' 4820-2200-3721.3 ~~ CHESTERFIELD COUNTY ~. - `'~,~~,~ BOARD OF SUPERVISORS Page 1 of 2 AGENDA Meeting Date: June 15, 2011 Item Number: 8.6.13. Subject: FY2011 School Fund Year-End Adjustments County Administrator's ~mments: County Administrator: Board Action Requested: Consider FY2011 year-end revenue and expenditure adjustments as follows: A. Reserve and appropriate into FY2012 unspent FY2011 appropriations as outlined on Attachment A, contingent on results of operations as determined by the county's financial audit. B. Reserve the amount indicated on Attachment A for the Appomattox Regional Governor's School. C. Revise revenues and appropriations as outlined in Attachment B. Summary of Information: Each year, the School Board requests that a portion of current year operating funds be reserved for re-appropriation in the following year for specific purposes, contingent upon positive results of operations as determined by the County's financial audit. For FY2011 year-end, the funding requested to be reserved is outlined in Attachment A. In total, the school division requests $5,495,500 be reserved for items such as $2,045,000 for new textbooks in the 2011-2012 school year. Moreover, the School Board has requested that all other remaining FY2011 operating funds be reserved for use in FY2013 and beyond. This request will be handled on the county's year-end item, which is also on the agenda for June 15, 2011. Preparers Marcus J. Newsome, Ed.D. Title: Superintendent Attachments: ^ Yes ~ No CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA This paper also asks the Board to adjust appropriations across the various components of the school fund to reflect revenue changes that have occurred during the second half of the fiscal year. The proposed changes are detailed in Attachment B and are described, by fund, below. Operating Fund Changes: Staff requests a reduction in the school operating fund of $516,200. This change is largely the net result of General Assembly amendments over the course of the year that reduced state revenue (primarily basic aid) for Chesterfield and lower than budgeted local charges for services, partially offset by an increase in Federal appropriation, representing an early drawdown of a portion of the Jobs Bill money that will be used in the FY2013 budget. In general, this requested adjustment is reflective of needed technical adjustments to the school budget as opposed to weak revenue performance, such as a reduction in state revenue and a corresponding increase in Federal funds in order to correctly report where Federal Stimulus funds will be recorded. Grants Fund Changes: While there is no change to the IDEA stimulus grant amount, several appropriation changes need to occur to account for changes in the planned uses of the funding. School buses for special education were purchased and psychologist positions were established necessitating an increase in the Transportation appropriation of $167,732 and $227,821 in Administration/Attendance and Health, with the offsetting decrease in Instruction of $395,553. Food Services Funds: A significant number of the vending and drink machines in the schools are no longer serviceable due to obsolete parts and need to be replaced. Food and Nutrition Services has reserves sufficient to fund $300,000 for replacement of these machines. This amount must be appropriated to the food service funds in the following manner: Federal Food Services $140,100 and Non-Federal Food Service $159,900. Capital Improvement Fund: Interest earnings are available from general obligation bonds (2005 to 2009). These funds are a budgeted revenue source in the operating fund, but must be appropriated in the CIP fund to be available for transfer to the operating fund. The total appropriation requested is $1,300,000. ~~~~~~~d Attachment A Reserves, Carried Forward and Appropriated in FY2012 Contingent on Results of Operations Risk Management - Workers comp reserve $ 200,000 Safety Net Summer Program 2,500 Textbooks 2,045,000 Student Information System 150,000 Future Other Post Employment Benefits (OPEB) liabilities 1,000,000 Gainsharing revenue 372,000 Local Match to Grants 930,000 Algebra Readiness funding 550,000 Private donation 64,000 Local match for COPS grant - transportation 182,000 Total $5,495,500 Other Funds to be Reserved Appomattox Regional Governor's School $ 35,800 ~~~~~~ Attachment B Revenue Adjustments for Year end Review - FY2011 School Operatine Fund Change State Basic Aid (4,588,400) Federal 5,904,000 Local Revenue (506,800) Unfunded 1 325 000 (516,200) Appropriation Changes for the Year end Review - FY2011 Admin/ Food Instruction Att&Health Transportation Service Operating Fund (516,200) Grants (395,553) 227,821 167,732 Federal Food Service Non-Federal Food Service CIP (911,753) 227,821 167,732 140,100 CIP Total (516,200) 140,100 159,900 159,900 1,300,000 1,300,000 300,000 1, 300,000 1,083,800 ~~~ Attachment C VIRGINIA: At a regular meeting of the Chesterfield County School Board held Tuesday evening, May 24, 2011, at seven o'clock in the Public Meeting Room of the Chesterfield County Courthouse Complex PRESENT: Dianne E. Pettitt, Chair Patty M. Carpenter, Vice-Chair U . Omarh Rajah Marshall Trammell David S. Wyman RESOLUTION WHEREAS, the ending balance for FY2011, net of reserve needs, is more than sufficient as currently projected to meet the $1,000,000 requirement for the FY2012 budget; and, WHEREAS, the School Board plans to request any remaining FY2011 unused general fund transfer be reserved for use in the FY2013 operating budget; and WHEREAS, there is a need to reserve the funds identified in Attachment A in the School Operating Fund and the Appomattox Regional Governors School at June 30, 2011; and, WHEREAS, there is a need to make the following revenue and expenditure adjustments as shown on Attachment B; NOW, THEREFORE, BE IT RESOLVED, that on motion of Mr. Trammell, seconded by Mr. Wyman, the School Board hereby requests the Board of Supervisors to approve the revisions shown above, and reserve the funds identified in Attachment A in the School Operating Fund and the Appomattox Regional Governor's School, adjusted according to the county's financial audit. Carol Timpano, Clerk Marcus J. Newsome, Superintendent ~~~1~~ ' ~~ CHESTERFIELD COUNTY '~~,~~ BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: June 15, 2071 Item Number: s.B.~4. Su. biect: Transfer $9.0 Million in Appropriations from County Other Capital Projects to the School Capital Improvement Fund for Maintenance Efforts at the Old Clover Hill High School Building (_n~~nty Odministrator's Comments: County Administrator: Consider the FY2012 Financial Plan adjustment as follows: A) Transfer $9.0 million in appropriations from the County Other Capital Projects category to the School's Capital Improvement Fund for use in replacing the HVAC system at the former Clover Hill High School Building. Summary of Information: During the FY2012 budget process, the school division submitted its approved budget to the Board of Supervisors - a process that also included discussions around replacing the HVAC system at the former Clover Hill High School. The Board of Supervisors elected not appropriate $9.0 million of the School Board's FY2012 Capital Improvement Program, awaiting a more definitive plan for the future use of the old Clover Hill High School building. Since that time, a detailed plan for the 21St Century Academy to be housed in the former school building has been presented to a number of groups including the School Board, the Liaison Committee, the Budget and Audit Committee and the Chesterfield Business Council. The School Board has approved the plan and the Business Council has endorsed the plan as well. The first step in converting the building to its new planned use is the replacement of the HVAC system for which the requested $9.0 million will be required. If approved the transfer would occur with the beginning of the new fiscal year on July 1, 2011. Preparers Marcus J. Newsome, Ed.D. Title: Superintendent Attachments: ^ Yes ~ No # ~~?~~,1.~. _ CHESTERFIELD COUNTY ~ ~' ~; ~ BOARD OF SUPERVISORS Page 1 of 1 - - AGENDA ~„ Meeting Date: June 15, 2011 Item Number: 8.8.15. Subject: Transfer $3,000 from the Midlothian District Improvement Fund to the Parks and Recreation Department to Purchase Playground Equipment for Crestwood Elementary School County Administrator's Comments: r County Administrator: Board Action Requested: Transfer $3,000 from the Midlothian District Improvement Fund to the Parks & Recreation Department to Purchase Playground Equipment for Crestwood Elementary School. Summary of Information: Supervisor Gecker has requested the Board to transfer $3,000 from the Midlothian District Improvement Fund to the Parks & Recreation Department to purchase playground equipment at Crestwood Elementary School. This request was originally made by Crestwood Elementary School PTA. The Board is not authorized to give public funds to organizations like the PTA. The Board can, however, transfer funds to the Department of Parks and Recreation to purchase and install playground equipment for Crestwood Elementary School since these are capital improvements to County property which will be used by the public generally. The purchase of these items must be made by the Parks and Recreation Department itself in accordance with the Virginia Public Procurement Act and County purchasing policies. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. Preparers Allan M. Carmody Title: Director, Budget & Mana e 0425:86193.1 Attachments: ^ Yes ~ No # ~~~1:~ DISTRICT IMPROVEMENT FUNDS APPLICATION This application must be completed and signed before the County can consider a request for funding with District Improvement Funds. Completing and signing this form does not mean that you wilt receive funding or that the County can legally consider your request. Virginia law places substantial restrictions on the authority of the County to give public funds, such as District Improvement Funds, to private persons or organizations and these restrictions may preclude the County's Board of Supervisors from even considering your request. 1. What is the name of the applicant (person or organization) making this funding request? Crestwood Elementary School PTA. 2. If an organization is the applicant, what is the nature and purpose of the organization? (Also attach organization's most recent articles of incorporation andlor bylaws to application. The mission of Crestwood Elementary School, shared with the community and family, is to promote academic, physical and social excellence by providing a challenging educational environment that recognizes each child's uniqueness, in order to prepare students to serve as responsible citizens. Four major goals direct our efforts for school improvement: 1. Meet the needs of various students populations. 2. Provide a learning environment which establishes and demands appropriate behavior. 3. Deal with the problems of changing curriculum and the assessment thereof. 4. Develop programs to foster communication and involvement with parents. 3. What is the amount of funding you are seeking? $3.000 to be paid directly to the School Division. 4. Describe in detail the funding request and how the money, if approved, will be spent. Crestwood Elementary Schoo! is in need of new~layaround eauipment to replace equipment that was removed because it was deemed unsafe The PTA has raised significant funds toward this goal. The requested $3 000 will aid in the acquisition of the new playground equipment. 5. Is any County Department involved in the project, event or program for which you are seeking funds? Yes- The new eauipment will belong to the school division. ~~~~~ 6. If this request for funding will not fully fund your activity or program, what other Individuals or organizations will provide the remainder of the funding? The PTA has raised aaproximately $19.000 of the $22,000 needed for the project. We raised these funds by holding fundraisers and by soliciting contributions. 7. If applicant is an organization, answer the following: is the organization a corporation? Yes No x Is the organization non-profit? Yes x No Is the organization tax-exempt? Yes x No 8. What is the address of the applicant making this funding request? Crestwood Elementary PTA 7600 Whittington Drive Richmond. VA 23225 9. What is the telephone number, fax number, a-mail address of the applicant? 804 272-0664 iulie.winkelCc~gmail.com Signature of applicant. If you are signing on behalf of an organization you must be the president, vice-president, chairmanldirector orvice-chairman of the organization. Signature President Title (if signing on behalf of an organization) Julie Winkel Printed Name 6!7!2011 ~t ~~~ ~. CHESTERFIELD COUNTY ~' BOARD OF SUPERVISORS Page 1 of 1 ~ AGENDA Meeting Date: June 15, 2011 Item Number: 8.8.16. Subject: Conveyance of an Easement to Verizon Incorporated County Administrator's Comments: County Administrator: Board Action Requested: Authorize the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Verizon Virginia Inc. for underground cable to provide a second fiber optic line to Saint Francis Medical Center. Summary of Information: Staff recommends that the Board of Supervisors authorize the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Verizon Virginia Inc. for underground cable to provide a second fiber optic line to Saint Francis Medical Centers. This request has been reviewed by county staff, school administration and Comcast Cablevision. Approval is recommended. District: Matoaca Preparers John W. Harmon Title: Real Property Manager Attachments: ^ Yes ~ No ~~~ ,.- ~..~. VICINITY SKETCH Conveyance of an Easement to Verizon Inc. ~o 14. REDBORN E CT ~~ CONVEYANCE OF AN EASEMENT TO VERIZON VIRGINIA INC _._, h `,~ TES p01NTE PKWY r .~ 5 fi ~ ~ ~ y 8 4p p-o ~ 10 ~~ 12 2~ 11 i ~.o 14 `~ 13 ~ N Chesterfield County Department of Utilities 1. w f ' ~-E s i ua - soo tlrt V a.i' ~ ~..AI~~ ~~i :,c , ~w~ ~3~6'94$6~N A$- 446T. R X33 G~ ~~~~ Tz~ss4~~~~s. C~1'~~T26~~P~~L~O t+lOT Tfl V.EF,tIZ,OtJ VI~EGBVtA fNC. R'EGEf7-~F-WAl' .E~C~i18iY •A` S . wrr +RiiOPOSfQ ~T bF' Mj~A' TEG: LtCr' E.A.:N%# EtfGFlT Of WAY:J~si[.BR~TT0~1~ ~~ ~~ ~ox..ici ~~'a va ~~8~2~ ctyr~~~ . TCL~ ~Ff~ 1LC~ SN E-W H-5 ~3• GR$~A X42 ~ ~5 3 ~~~!L~. 0 CHESTERFIELD COUNTY _ BOARD OF SUPERVISORS Page 1 of 2 ~,,. AGENDA Meeting Date: June 15, 2011 Item Number: 8.8.17. Subiect: Adoption of Resolution Establishing Salaries for the 2012-2015 Board of Supervisors County Administrator's Comments: County Administrator: Adopt a resolution establishing salaries for the members of the 2012-2015 Board of Supervisors. Summary of Information: Section 15.2-1414.2 of the Code of Virginia requires the Board to establish by resolution prior to July 1, 2011 the salary for the 2012-2015 Board of Supervisors. Once the salary is set, it may not be increased during the term of the next Board of Supervisors. The salary for the Board in calendar year 2011 is $33,726. The previous Board authorized a salary of up to $37,008 for calendar year 2011 but this level was not reached. If the Board chooses to continue the current system, the salary for the next Board would increase annually at whatever percentage the County employees receive during the 2012- 2015 period. The 2% salary increase in FY2012-2013 for County employees would result in a salary of $34,400 for the next Board effective January 1, 2012. If the Board readopts the current salary amount for the remaining three calendar years, the next Board will be limited to the $37,008 amount for calendar years 2013-15. Preparers Jeffrey L. Mincks Title: County Attorney 0425:86231.1 Attachments: ~ Yes ^ No # CHESTERFIELD COUNTY ' BOARD OF SUPERVISORS Page 2 of 2 AGENDA Elected officials' base salaries for comparable localities range from $26,000 (Hanover County for 2012: base salary of $25,000 plus a $1,000 "cost of communications" compensation) to $48,671.36 (current base salary for Henrico County). Chesterfield County currently pays an annual supplement of $3,150 for Chair and $1,575 for Vice-Chair. Henrico pays the Chair and Vice- Chair supplements of $7,300 and $4,867 respectively; Hanover pays a supplement to the Chair of $2,000. The Board must approve salaries for the new Board and any supplement for Chairman and Vice-Chairman prior to July 1, 2011. If you desire to adjust salaries for serving on other Boards and Commissions, you may do so at a later time prior to December 31, 2011. ~, ,~~ i CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: June 15, 2011 Item Number: 9.A. Subject: Developer Water and Sewer Contracts County Administrator's Comments: County Administrator: The Board of Supervisors has authorized the County Administrator to execute water and/or sewer contracts between County and Developer where there are no County funds involved. The report is submitted to Board members as information. Summary of Information: The following water and sewer contract was executed by the County Administrator: 1. Contract Number: 11-0037 Project Name: Chippenham Johnston-Willis Hospital Fire Hydrant Relocation Location: Johnston-Willis Hospital Developer: Chippenham and Johnston Willis Hospitals Contractor: RMM Enterprises, Incorporated Contract Amount: Water Improvements - $11,300.00 District: Midlothian Preparers William O. Wright Title: Assistant Director of Utilities Attachments: ~ Yes ^ No # ~7~~~~-~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: June 15, 2011 Item Number: s.6. Subject: Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds, and Lease Purchases County Administrator's Comments: County Administrator: Board Action Requested: Acceptance of attached report. Summary of Information: Preparers James J. L. Stegmaier Title: County Administrator Attachments: ^ Yes ^ No #k~~~~~~4~ CHESTERFIELD COUNTY GENERAL FUND BALANCE Budgeted Ending Balances June 15, 2011 of General Fund Budgeted Expeuditures* FY2008 $50,945,000 7.5% FY2009 $53,495,000 7.7% FY2010 $53,495,000 8.1 FY2011 $53,495,000 8.3% *The County's financial policy states the targeted fund balance level is 7.5%. ~'~~12Ck CHESTERFIELD COUNTY RESERVE FOR FUTURE CAPITAL PROJECTS June 15, 2011 Board Meeting Date Description Amount Balance FOR FISCAL YEAR 2010 BEGINNING JULY 1, 2009 4/15/2009 FY2010 Budgeted Addition $14,021,400 $19,632,088 4/15/2009 FY2010 Capital Projects (14,021,400) 5,610,688 4/14/2010 Substitute funding for Circuit/General District Courthouse (832,500) 4,778,188 expansion. FOR FISCAL YEAR 2011 BEGINNING JULY 1, 2010 FOR FISCAL YEAR 20 11 BEGINNING JULY 1, 2010 4/15/2010 FY2011 Budget Addition 13,169,200 17,947,388 4/15/2010 FY2011 Capital Projects (12,962,600) 4,984,788 5/26/2010 FY2011 Part of Sports Quest funding (206,600) 4,778,188 8/25/2010 Replacement generator for the IST building (290,400) 4,487,788 8/25/2010 Replacement funding to complete projects at Clover Hill (340,000) 4,147,788 Sports Complex 11/17/2010 Renovations and Additions to the Manchester Volunteer (120,000) 4,027,788 Rescue Squad (MVRS) Project =~~ ~~a12=-_ A z ~~ F w O w ,~ A ; N W ~ ~ ~ fir C ~ ~ ti v~ F x U ~" E• A a C° 7 ~ L a a „d v b R L G~ ~ O Qa ~ C R O ^C y C bD ~: d 0 D A ~a ~~ a ~ o ~ w ~„ O W l/7 V't 00 O M ~ O ~ l~ l~ N v'~ ~O [~ O~ 00 N N N N 69 ~ i i i p ~ O O M O M ~O ~O O ~ 00 00 ~ ~D O 00 O O ~ M .~ .~ ~ .~ ~- i ~ i i i ~ Q v~ L L ~ ~ ~ ~ ~ ~ R ~ M M M M M ti O Imo" 00 M 00 M 00 00 00 ~ M M M L ~ M M M M M O i. b9 ~L ~ fsr U ^o ~ _ ~ _ :Q u ' O y tQ p ~ ' ~ y ~ R ~ A a1 U eC A ~ ~ O U ~~~~~ Prepared by Accounting Department May 31, 2011 SCHEDULE OF CAPITAL IZED LEASE PUR CHASES APPROVED AND EXECUTED Outstanding Date Original Date Balance Beean Description Amount Ends 5/31/2011 04/99 Public Facility Lease -Juvenile Courts Project $16,100,000 01/20 $7,185,000 (Refinanced 10/10) O1/O1 Certificates of Participation - Building Construction, Expansion and Renovation; Acquisition/Installation of Systems 13,725,000 11/21 6,170,000 03/03 Certificates of Participation -Building Construction, Expansion and Renovation 6,100,000 11/23 3,860,000 03/04 Certificates of Participation -Building Construction, Expansion and Renovation; Acquisition/Installation of Systems 21,970,000 11/24 15,130,000 10/04 Cloverleaf Mall Redevelopment Project 16,596,199 10/11 16,596,199 12/04 Energy Improvements at County Facilities 1,519,567 12/17 1,023,579 OS/OS Certificates of Participation -Building Acquisition, Construction, Installation, Fumishing and Equipping; Acquisition/Installation of Systems 14,495,000 11/24 9,350,000 05/06 Certificates of Participation -Building Acquisition, Construction, Installation, Furnishing and Equipping; Acquisition/Installation of Systems 11,960,000 11/24 7,945,000 08/07 Certificates of Participation -Building Expansion/Renovation, Equipment Acquisition 22,220,000 11/27 18,710,000 TOTAL APPROVED 124.685.766 85.969.778 AND EXECUTED PENDING EXECUTION Approved Description Amount None ~~~i~~~c June 15, 2011 Speaker's List Evening Session #1 (Following Presentation of Resolutions) 1. Jeannie Wilson 2. James Shelton 3. Cur ~S ~ 4. 5. Evening Session #2 (End of the Evening Agenda) 1. 2. 3. 4. 5. \~- Cti~ Dear Supervisor V ~,~ I support better Bus Service for Chesterfield. I would like to be able to get downtown and to Short Pump without paying tolls and parking and have less wear and tear on my car. I would like to be able to shop along Route 10 and Courthouse and Huguenot without adding to the traffic. Please pass a comprehensive plan that has better bus service for hesterfield. l,~ Name: ~ ~ ~_~,C,~/~~" Address: ~ S ~`~ - v City, State and Zip: ,vi ~ / ~ ~~` ~' " Email: Phone: ~ ~'t Z- 7Z~ I would ike to receive periodic updates from Richmond Transit Riders Union. Dear Supervisor ~ ~ ~ ~ l / of ~1 D I support better Bus Service for Chesterfield. I would like to be able to get downtown and to Short Pump without paying tolls and parking and have less wear and tear on my car. I would like to be able to shop along Route 10 and Courthouse and Huguenot without adding to the traffic. Please pass a comprehensive plan that has better bus service for Chesterfield. Name: l~ (~ 1~t,0 ~a L 'mod ~~s Address: ~' O / cilC, C~e~ J~Q %3 City, State and Zip: /I1C..~'~~ __ .19 0~~~3 Email: Phonef~8 (3y, 5 6 ~3 8 3 ~ _ I would like to receive periodic updates from Richmond Transit Riders Union. Dear Supervisor I support better Bus Service for Chesterfield. I do not have a car and require this service. Please pass a comprehensive plan that has better bus service for Chesterfield. Name: ~ _ Address: City, State and Zip: Email: Phone: I would like to receive periodic updates from Richmond Transit Riders Union. Dear Supervisor _~ ~/-~ ~~~_~~ f support better Bus Service for Chesterfield. Iwould like to be able to get downtown and to Short Pump without paying tolls and parking and have less wear and tear on my car. Iwould like to be able to shop along Route 10 and Courthouse and Huguenot without adding to the traffic. Please pass a comprehensive plan that has better bus service for Chesterfie Name: ~~ h-~' __ Address: __,~~ ~~~~~ ,~~~,,.~ City, State andI,ip:~~~ L,•.~~-~~ ~~ ~, ~2_~Z•E, Email: ~ Phone: - - -- --- - __ I would like to receive periodic updates ti-om Richmond Transit Riders Union. Dear Supervisor~Iti~ ~~ ~~ ~ I support better Bus Service for Chesterfield. Iwould like to be able to f and to Short Pump without paying tolls and parking and have less wear car. Iwould like to be able to shop along Route 10 and Courthouse and without adding to the traffic. Please pass a comprehensive plan that Itas service for Chesterfield. _- Name~~~S ~ ,- Address: ~~O -f v ~~_ ri _ C~ -_-,L~- Cit , Sta e andLi F,mail: y v p. ~ ~~ _~ 3~ ~~ Phone:-- ~ 3 '_~~5~'~~ 7' C~.l~ _ z - Iwould like to receiveperiodic updates from Richmond 1~ransit Ridet Dear Supervisor t downtown d tear on my uguenot etter bus Union. I support better Bus Service for Chesterfield. I do not have a car and require this service. Please pass a comprehensive plan that has better bus service for Chesterfield. Name: Address: -_ tty, fate and Zip: _ _ ---------- _mail: one: I would like to receive periodic updates from Richmond Transit Riders Union Dear Supervisor _ 1 n1~Q~~~ , I support better Bus Service for Chesterfield. I would like to be able to get downtown and to Short Pump without paying tolls and parking and have less wear and tear on my car. I would like to be able to shop along Route 1O and Courthouse and Huguenot without adding to the traffic. Please pass a comprehensive plan that has better bus service for Chesterfield. - Name: ~~ _ _ 0 I~- et ~ ___ Address: - ~ ~J-~.~e _ -~C3_~ I ~S i3e.~~u~~ ~ rov~ City, St~tc and 7,ip: _. .-~~ _~1_l~+_t'~I ~ o~3c33 ~7 Emat L --- - _ - - - - - - - -- - -- -- ~-~- - O Phone:_ - ~.~~- ~~-------- - - ~~~, Gt-~- ~e~1n~ ova ~[I would like to receive periodic updates from Richmond 1•ransit Riders llhion~~~ Dear Supervisor t~\t M __ I~o < 1~~,~ I support better Bus Service for Chesterfield. I would like to be able to get downtown and to Short Pump without paying tolls and parking and have less wear and tear on my car. I would like to be able to shop along Route 10 and Courthouse and Huguenot without adding to the traffic. Please pass a comprehensive plan th_ at has better bus service for Chesterfield. Name: ~oN ~,-U2fS_ _ Address: ~CS l ~,~ ~~9,~e -~_~?~~~~~ City, State and 7.ip: R; ,,,~.ors_ 23~3~-(_ I/rrtail' ~- - _~IFR ~ `aa`~l J ~~• (_, cc,/Vl - -- - __ Iwould like to receive periodic updates from Richmond Transit Riders Union. Dear Supervisor I support better Bus Service for Chesterfield. I do not have a car and require this service. Please pass a comprehensive plan that has better bus service for Chesterfield. Name: Address: City, State and lip: __ _ Email: Phone: Iwould like to receive periodic updates from R-iehmond Transit Riders Union. Dear Supervisor F, j;,q„-r.~ ~ /,gn~ I support better I~us Service iur Chesterfield. I would like to be able to get downtown and to Short Pump without paying tolls and parking and have less wear and tear on my car. I would like to be able to shop along Route l U and Courthouse and Huguenot without adding to the traffic. Please pass a comprehensive plan that has better bus service for Chesterfield. Name: ~~ f ~~'~! _~~~ r,'t -Elk ~ Address: ~G, S_,S11i?i~~----T~=---'~ _ City, State andI,ip: ~~~~~~,,~L~~;_~~--- Z-3 `?_ ~Z- T ----- - - --- Phone:_ "~ ~ ~ Z ~~: ~ ~~ ~ __ I would like to receive periodic updates from Richmond Transit Riders Union. Dear Supervisor __ /~~~~- I support better I3us Service for Chesterfield. 1 would like to be able to get downtown and to Short Pump without paying ions and parking and have less wear and tear on my car. 1 would like to be able to shop along Route 1 U and Courthouse and Huguenot without adding to the traffic. Please pass a comprehensive plan that has better bus service for Chesterfield. ,r Name: ~ ~>,~~~~ ~.~ /l~./~,.~c --- - -- - ---T --~ - -- Address: Z-Y ~ ~ L_, ~G~~~c~~ ~.fi~ _ _ - - Cit State and 1r c-l ~n ~ _ _ y, ~f ~,~- Email: -- -- ----- ----------- - --- .----- Phone: ~'C~ __ ~_ ._,~ ~ ~ _~_ Z~ __ 1 would like to receive periodic updates from Richmond Transit Riders Union. Dear Supervisor I support better I3us Service for Chesterfield. I do not have a car and require this service. Please pass a comprehensive plan that has better bus service Ior Chesterfield. Name: Address: City. State and 7_,ip: ---- ---- - --__-- F_,mail: Phone: I would like to receive periodic updates from Richmond Transit Riders Union. Dear Supervisor __ ~» __~~~~ ~ ~ I support better Bus Service for Chesterfield. I would like to be able to get downtown and to Short Pump without paying tolls and parking and have less wear and tear on my car. I would like to he able to shop along Route l0 and Courthouse and Huguenot without adding to the traffic. Please pass a comprehensive plan that has better bus service for Chestertield. t Name: Jo ~~__~J n~-n- -- Address: 3 ~2 ~, c C~ l ( ru h ~ ~,, I~ D 2--___ City, State andZ.ip: _ _ L ti ~-~ ~_ ~ _y ~-~3 F 3~ Email: Phone:_ _ _ _ I would like to receive periodic updates from Richmond 1~ransit Riders Union. Dear Supervisor 1~~.~0_~~__-~~~ kl.~ I support better Bus Service for Chestertield. 1 would like to be able to get downtown and to Short Pump without paying tolls and parking and have less wear and tear on my car. I would like to be able to shop alrn~g Route 10 and Courthouse and Huguenot without adding to the trai'Gc. Please pass a comprehensive plan that has better bus service for Chesterfield. Name: _~~~~~ ~ a ~ . J -i~ L° ~ ~° _- --- Address: ~ ;,Z~ t __~-~1__~~.! ~~ - -~z.~---____ _ City, State and lip: _ __~~,~--~~ _~ _~ a ~ ~ ~ ~ Emai 1: Phone: __ _ _ - Iwould like to receive periodic updates Isom Richmond Transit Riders Union. Dear Supervisor I support better E3us Service for Chesterfield. [ do not have a car and require this service. Please pass a comprehensive plan that has better bus service for Chestertield. Name: Address: _ _ __ _ _ - ---..--- City, State and lip: _______-_____ - _--__- Email: Phone: ---- ------- - ----- ----- I would like to receive periodic updates from.Richmond "Transit Riders Union The Richmond "l~ransit Riders union calls on your support for the 'Transportation Policy Element' found in the January 6, 2011 Draft of the Chesterfield County Comprehensive Plan, specifically Chapter IV: Section T2.2, calling for an increase of "...local and regional mobility and transportation choices by enhancing transit services and providing viable travel alternatives." We support a Chesterfield County which is for better public transportation and connectivity to the Richmond Region, that is: • reliable and responsive with expanded service to job centers, medical care, social services, retail. and recreational/cultural offerings, • conscious of choice riders who are concerned about the environment, • affordable and is accessible to low income residents, • in support of Transit Oriented Development. Name ~inv ~ 4_,~-' r ' J ;__~_. ~- Address _ ~ ~l iC_~ -~ ~._'! City, State "Lip _~_~ ,;,~ ; i-('_~~ Phone 5:'~ ~%~: c.>'~ - "' ?_`~ " __ Email :-~1iy ~x'>' 'Y;~ ; ~: ~;'~r~-;,-`r= I would like a few erriails~abou~i chmond transit Riders Union Name ~ l~€~.-4'~i%'r--r ~= ~~ i~~-~~ ~ _ _ - - Address 5~~~ - % i _ `~t~U`-~---'k%~t- - - City, State "Lip ~' ~ ; v~~,-~ - -> y~ ~-~ __--- Phone ~~ u ~ - ~(' -~ --~~ ~~ ~ - - - ~----- Email 5~~.-~~~,~~~ r ~ ~~, 7."? .a ~ ,, ~% ~~~ ~ - r .°, ~: __ - 1 would like a few emails about Richmond` ansit Riders Union__ Name ~/~/ - ~~'~_~;__ ~ ~~~ Address __ ~`- - -~ ~~.ti._~_' :-~--~'-~-~------- -- City, StateI_ip ~~ ( - _----- Email _ _ _ ___ - - Iwould like a few emails about Richmond transit Riders Union Name Addre c;ty, Phone Email __ _ _ . ___ _- - ---- Iwould like a few emails about Richmond transit Riders Union The Richmond Transit Riders Union calls on your support for the 'Transportation Policy Element' found in the January 6, 2011 Draft of the Chesterfield County Comprehensive Plan, specifically Chapter IV.' Section %' 2.2, calling for an increase of "...local and regional mobility and transportation choices by enhancing transit services and providing viable travel alternatives." We support a Chesterfield County which is for better public transportation and connectivity to the Richmond Region, that is: • reliable and responsive with expanded service to job centers, medical care, social services, retail, and recreational/cultural offerings, • conscious of choice riders who are concerned about the environment, • affordable and is accessible to low income residents, - in support of Transit Oriented Development. Name L~'y ~-c_~_ ~"~~ Address __ y S"-G City, State 'Lip ~ ~'~-, ~ t'~ ~ G,~- ~ -- G'' :~1 _~ Phone __ ~ r Email -_ ~ ~,-~-1 i~•" c_> L `_ ~ ~%c- ' C c~ ---- Iwould like a few emails about Richmond transit Riders Union _ ,~- ~. ~ ~ ~~ Name ~ ~' ~ - Address - ~ '~ ~ / icL!~~.;~t. ~ , i.~Ca ~'~~'~~.1 ~ ~7~ - City, State "Lip __ ~{,, ~~ ,~ ~ ~ 3 ? - Phone __ _ -, - -- Email ~ ~_~~L~__ ~ ,~' ~ /Y~ ~' ~ ,'~ 1 _ I would like a few emails about Richmond transit Riders ilnion Name ~ ~~ ~ ~ ~ ~ ~!' ,~ / ~ ------ - - Address City, State 7,ip _~! ~_-- --_.y~ n ~-~~- ~~_' Phone Email 1 would like a few emails about Richmond transit Riders [lnion Nam ;; ~~~_ \/,~ ~''~ ----- Address , . ', ~ t r ~i r ~, ~' . .C v ~ . , ~ 1'~~ 7 City, State lip ~~ ~-~; ~~ ,..-.; -_ i~"-~ =~ ~ -~ _ ~i -- - - ~--~--' Phone Email --- -- --- ----- --- - - - I would like a few emails about Richmond transit Riders Union The Richmond Transit Riders union calls on your support for the-'Transportation Policy Element' found in the-January 6, 2011 Draft of the Chesterfield County Comprehensive Plan, specifically (.'hupter 1[~-~ Section T 2.2, calling for an increase of "...local and regional mobility and transportation choices by enhancing transit services and providing viable travel alternatives." We support a Chesterfield County which is for better public transportation and connectivity to the Richmond Region, that is: • reliable and responsive with expanded service to job centers, medical care, social services, retail, and recreational/cultural offerings, • conscious of choice riders who are concerned about the environment, • affordable and is accessible to low income residents, • in support of "I~ransit Oriented Development. - ~,, ~ - Name . ~' Address i~_s ~_ = -;; - ~ L ~ . ;i _ _ --- __.i~~-, City, State 7_,ip ~' i1 : ~: v-=`+ "% Phone °<:i%,~ ~1 f,~ • ~~;'----- - - - - - F,mai 1 ~J_ __ _ _ I would like a few emails about Richmond transit Riders Union i Name ~ V~ L:v_ ~-j_~' ~ ( ~C Y !`.'~ - - - Address j City, State 7-.ip _ _~'~_~t~-~(- - -~ Phone _ -_ _-_ Email --- - __ I would like a few emails about Richmond transit Riders Union ,, Name ~ /~ !~ ; ~ J~~- .~_-,c'~r ~ _ _-- ---- Address _7 h- 'l.: : r r< - i' -~ z = __ City, State "Lip __'` -:.~ ~--~ (ia,,; _ ,~ ?~.c ~r ~1-~ ( h e;~ c- r Phone__ --- ___ Email --_ - --- -- - -- I would like a few emails about Richmond transit Riders Union Name~~~~_~~ + C~~~°, - - Address - -- C-Y~\~r~~y? -C_~ `_ ~ ~ ~~~~,~ ~~ --- _ City, State lip __ _ _____ __ Phone -~` Emai 1 I would like a few emails about Richmond transit Riders Union The Richmond "hransit Riders Union calls on your support for the'Transportation Policy Element' found in the .Ianuary 6, 2011. Draft of the Chesterfield County Comprehensive Plan, specifically Chapter IV.~ Sec•tion T 2.', calling for an increase of "...local and regional mobility and transportation choices by enhancing transit services and providing viable travel alternatives." We support a Chesterfield County which is for better public transportation and connectivity to the Richmond Region, that is: • reliable and responsive with expanded service to job centers, medical care, social services, retail, and recreational/cultural offerings, _ • conscious of choice riders who are concerned about the environment, • affordable and is accessible to low income residents, • in support of Transit Oriented Development. ~ . Address ~~ Y ~=y`t~°lre,t~c'.tae~: C'~1 - ~L ~'_ City, State l ip ~~~ ~tF=~' ~ ~'~ - ~, ~, ~,:~j Phone ~C, `~- -~c~.~-~-L~ ! - - - I would like a few emails about Richmond transit Riders Union t Name _ _~.t,_Y~'~- _-__ Address ~- : - _; `.~~ ~ ~- ~-v City, State "Lip-~- ~ t,~~ _ _ ~ ~ _ Phone`; ~ (- ~ ~ ~~ -~ (: <--- -- Email I would like a few emails about Richmond transit Riders Union Name ~.`r :~u; ~` ~a ~ C-Y~i;~i~- - - --- Address .G-'..~ ~= y~.;•r~~~, i-~r ~''r' t^`~~, ----- City, State Zip 1~-~~.C~;_•.~'r'~,'r! ~;~ l;~ ? 32 Phone Email I would like a few emails about Richmond transit Riders Union Name--- -~.~ ~ ~ r i.- <. < r -~ -, -- Address ~ ~~5 -~'- I „ f _ _____- City, State 7,ip __ _ ~ ~ s .i ~ ~ ___ _ ? ~ "~~ _~ ~ Phone Email - _ ---- ---- --- -- I would like a few emails about Richmond transit Kiders Union ~_~~ i _ ,~i ,r, Page 1 of 1 Meeting Date: June 15, 2011 Item Number: 14.A. Subiect: Resolution Recognizing Mr. Luis Rendon on His Outstanding Athletic and Academic Achievements CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA County Administrator's Comments: County Admin i~ Board Action Ri Ms. Durfee and Mr. Holland request that the Board of Supervisors adopt the attached resolution recognizing Cosby High School Junior Luis Rendon. Summary of Information: Luis Rendon has been named as the 2011 Gatorade National Boys Soccer Player of the Year in recognition of his athletic and academic achievements, as well as his community service. He is the first Virginia soccer player and the first high school Junior to be selected for this national award. Preparers Don Kappel Attachments: ^ Yes ~ No Title: Director, Public Affairs RECOGNIZING MR. LUIS RENDON ON HIS OUTSTANDING ATHLETIC AND ACADEMIC ACHIEVEMENTS WHEREAS, Luis Rendon is a Junior at Cosby High School in Chesterfield County, Virginia; and WHEREAS, he emigrated to the United States from Colombia at age 9 and earned his U.S. citizenship in February 2010; and WHEREAS, he is a forward on the Titans' Boys Soccer Team; and WHEREAS, Luis led the team to a 13-0 record and the Dominion District regular-season title entering the regular season finale; and WHEREAS, he scored 16 goals and passed for 13 assists through 12 games before sitting out the final two games of the regular season due to a minor injury; and WHEREAS, Luis holds the school record with 38 career goals entering post-season play; and WHEREAS, he also recorded 37 assists in three varsity seasons, and is a 2009 U.S. Youth Soccer Olympic Development Program Winter Interregional All- Star; and WHEREAS, Luis also was a 2010 Group AAA Second Team All-state selectee, and is a member of the U.S. Soccer Federation's Under-18 Men's National Team Player Pool; and WHEREAS, he has maintained a B+ academic average and has volunteered at Richmond's Lynmore Nursing Home, and with the U.S. Marine Corps' Toys for Tots Foundation and the U.S. Youth Soccer TOPSoccer program for young athletes with disabilities, along with working as a youth soccer coach; and WHEREAS, Luis has recently been selected as the Gatorade National Boys Soccer Player of the Year, thereby becoming the first Virginia soccer player and the first Junior ever to win this prestigious national award; and WHEREAS, he was selected from a pool of 51 outstanding athletes, one from each state and the District of Columbia; and WHEREAS, Luis has given a verbal commitment to Duke University to attend that institution in the fall of 2012. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 15th day of June 2011, publicly recognizes the outstanding accomplishments of Mr. Luis Rendon, congratulates him on his selection as the 2011 Gatorade National Boys Soccer Player of the Year, and extends best wishes for continued academic and athletic success. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Rendon and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. ~~~~~~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA ~~ Meeting Date: June 15, 2011 Item Number: 14.B. Subject: Resolution Recognizing Boy Scouts Upon Attaining the Rank of Eagle Scout County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution. Summary of Information: Staff has received requests for the Board to adopt resolutions recognizing Mr. Andrew Robert Bosch, Mr. John Patrick Crean, Mr. Gregory Mason Heckel, Mr. Matthew Scott McTague and Mr. Stephen Robert Amorino, all of Troop 800, sponsored by Mount Pisgah United Methodist Church, Mr. Shane Myers Halloran, Troop 2874, sponsored by Saint Luke's United Methodist Church, and Mr. Nathanial Josiah Van Gundy, Troop 2826, sponsored by the Church of Jesus Christ of Latter Day Saints, upon attaining the rank of Eagle Scout. They will be present at the meeting, accompanied by members of their families, to accept their resolutions. Preparers Janice Blakley Attachments: ^ Yes Title: Clerk to the Board ^ No #r3f3~~,2ti WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to their community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law, Mr. Andrew Robert Bosch, Mr. John Patrick Crean, Mr. Gregory Mason Heckel, Mr. Matthew Scott McTague and Mr. Stephen Robert Amorino, all of Troop 800, sponsored by Mount Pisgah United Methodist Church, Mr. Shane Myers Halloran, Troop 2874, sponsored by Saint Luke's United Methodist Church, and Mr. Nathanial Josiah Van Gundy, Troop 2826, sponsored by the Church of Jesus Christ of Latter Day Saints, have accomplished those high standards of commitment and have reached the long-sought goal of Eagle Scout which is received by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through their experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare themselves for a role as leaders in society, Andrew, Patrick, Greg, Matthew, Stephen, Shane and Nathan have distinguished themselves as members of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 15th day of June 2011, hereby extends its congratulations to Mr. Andrew Robert Bosch, Mr. John Patrick Crean, Mr. Gregory Mason Heckel, Mr. Matthew Scott McTague and Mr. Stephen Robert Amorino, all of Troop 800, sponsored by Mount Pisgah United Methodist Church, Mr. Shane Myers Halloran, Troop 2874, sponsored by Saint Luke's United Methodist Church, and Mr. Nathanial Josiah Van Gundy and acknowledges the good fortune of the county to have such outstanding young men as its citizens. ~~~-~~ i CHESTERFIELD COUNTY BOARD OF SUPERVISORS ,,,, -- AGENDA Page 1 of 2 Meeting Date: June 15, 2011 Item Number: 17.A. Subject: Public Hearing to Consider Adoption of an Ordinance Revising the Special Assessment on the Property Within the Chippenham Place Community Development Authority District (Cloverleaf Mall Site) and Approval of the Third Amendment to the Sale Contract with Crosland, LLC for Cloverleaf Mall County Administrator's Comments: County Administrator: The Board is requested to (i) hold a public hearing and adopt an ordinance revising the special assessment on the property in the Chippenham Place Community Development Authority district and (ii) approve the Third Amendment to the Sale Contract with Crosland, LLC. Summary of Information: 1. Public Hearing on Ordinance The Board of Supervisors adopted a special assessment ordinance for the Cloverleaf Mall Redevelopment Site property in January of this year, and the Chippenham Place Community Development Authority ("CDA") is now requesting that the Board adopt an amended assessment ordinance due to Kroger's recent commitment to expand the size of its store from 87,000 to 123,000 square feet. This change is reflected in revised rates listed in the Rate and Method of Apportionment ("RMA") which is incorporated by reference into the special assessment ordinance. Preparers William D. Dueler Title: Deputy County Administrator 2723:86102.1 Attachments: ^ Yes ~ No #~~~~~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA The special assessment ordinance also authorizes the execution of a Memorandum of Understanding ("MOU") which approves the issuance of the CDA bonds and permits the county to pledge the incremental sales and real estate tax revenues from the project to serve as the primary funding source for repayment of the CDA bonds. The MOU has been revised to take advantage of a newly adopted state law (Senate Bill 1478) which provides an additional measure of security (accelerating the time frame for action on any delinquency) which increases the marketability of the CDA bonds. The Board is requested to adopt the revised special assessment ordinance after a public hearing. 2. Consideration of Third Amendment to the Sale Contract The Board, the Economic Development Authority, and Crosland, LLC are parties to a contract for Crosland to purchase the 83 acre Cloverleaf Mall site (the "Sale Contract"). The Sale Contract identifies four parcels on the Cloverleaf Property and permits Crosland to purchase each parcel separately, but prohibits the purchase of a portion of any of the four parcels. The proposed amendment allows portions of the parcels to be purchased so long as the entirety of each parcel is purchased within the originally required time frame (3-5 years). The amendment is sought to allow Crosland greater flexibility in its development plan for the property. If the Board acts as requested on these items, closing on the initial land purchase and issuance of the first series of bonds is scheduled to occur in late summer with demolition and construction activities to follow shortly thereafter. ~~~~_~ ORDINANCE REVISING A SPECIAL ASSESSMENT FOR THE CHIPPENHAM PLACE COMMUNITY DEVELOPMENT AUTHORITY REGARDING THE FINANCING OF CERTAIN INFRASTRUCTURE WHEREAS, the Board of Supervisors (the "Board") of the County of Chesterfield, Virginia (the "County") created the Chippenham Place Community Development Authority (the "CDA") by Ordinance enacted June 25, 2008 (the "Ordinance"); and, WHEREAS, the CDA has requested that the Board establish a special assessment on property within the CDA District; and, WHEREAS, the Board proposes to set forth certain agreements with the CDA and Stonebridge Realty Holdings, LLC, a Delaware limited liability company, as contract purchaser and developer of the land within the CDA (the "Developer") pursuant to a Memorandum of Understanding among the County, the Developer, and the CDA (the "Memorandum of Understanding"); and, WHEREAS, the CDA proposes to issue its bonds (the "Bonds") to finance certain infrastructure improvements benefiting the CDA District; and WHEREAS, the establishment of a special assessment on property within the CDA District and the actions contemplated by the Memorandum of Understanding will benefit the citizens of the County by promoting increased employment opportunities, a strengthened economic base and increased tax revenues and additional business opportunities. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: 1. Approval of Memorandum of Understandin The Memorandum of Understanding is approved in substantially the form presented to the Board at this meeting, with such changes and corrections (including, without limitation, changes in the date thereof) that do not materially adversely affect the County's interests as may be approved by the County Administrator or the Chairman of the Board of Supervisors, whose approval shall be evidenced conclusively by the execution and delivery of the Memorandum of Understanding. The County Administrator and the Chairman of the Board of Supervisors, or either of them, is authorized and directed to execute and deliver the Memorandum of Understanding. 2. Special Assessment. By agreement between the Developer and the Board pursuant to the Memorandum of Understanding, special assessments to pay the costs of public improvements to 2723:86109.1 1 benefit property within the CDA District are hereby established and apportioned in accordance with the Rate and Method of Apportionment of Special Assessments ("RMA") in substantially the form presented to the Board at this meeting. The CDA Board is authorized to approve or to provide for the approval of a Special Assessment Roll allocating the special assessment among the tax parcels within the CDA District in accordance with the RMA as such tax parcels exist as of the date of recordation of the RMA in the land records of the County. The CDA shall cause notice of the special assessments to be reported to the County's Treasurer or other County official responsible for the collection of taxes. The special assessments shall be liens on the taxable real property in the CDA District in accordance with the provisions of Virginia Code Sections 15.2-2404 et seq. 3. Subsequent Resolution. The Board may, by subsequent resolution, make such additional changes or amendments to the Memorandum of Understanding as it determines to be necessary or appropriate. 4. Severability. If any part, section, clause or phrase of this Ordinance, or any individual assessment levied hereby, is declared to be unconstitutional or invalid for any reason, such decision shall not affect the validity of any other portion hereof or assessment hereunder. 5. Effective Date. This Ordinance shall be effective immediately. Certified by: Janice Blakley Clerk to the Board 2723:86109.1 2 CHIPPENHAMPLACE COMMUNITYDEVELOPMENTAUTHORITY CHESTERFIELD COUNTY, VIRGINIA Rate And Method of Aunortionment Of Saecial Assessments A. INTRODUCTION Special Assessments shall be imposed on and collected from real property within the Chippenham Place Community Development Authority ("CDA") District through the application of the procedures described below. The Board of Directors of the CDA or their designee shall make all determinations in this Rate and Method of Apportionment of Special Assessments unless stated otherwise. The Special Assessment for each Parcel represents the total obligation of a Parcel, including the Parcel's share of principal and interest on the Bonds and Administrative Expenses of the CDA related to the Bonds. The Special Assessments may be prepaid at any time as the Principal Portion of the Special Assessment. If not prepaid, the Special Assessments are payable annually as the Annual Installments. Tax Increment Revenues may be available to apply to the repayment of the Bonds. As a result, it may not be necessary to collect the full amount of the Annual Installment to repay the Bonds. The portion of the Annual Installment required to be collected each year to repay the Bonds and to pay Administrative Expenses is the Annual Payment. Terms used herein and not otherwise defined shall have the meanings assigned to such terms in the Memorandum of Understanding. B. DEFINITIONS The terms used herein shall have the following meanings: "Act" means the Virginia Water and Waste Authorities Act, beginning with §15.2-5100 et seq. of the Code of Virginia, 1950, as it may be amended from time to time. "Adjusted Annual Installment" means the amount calculated as the Adjusted Annual Installment for each Parcel pursuant to Section D. "Administrative Expenses" means the following costs directly related to the administration of the CDA: the actual costs of computing the Annual Payments; the actual costs of collecting the Annual Payments (whether by the County or otherwise); the actual costs of remitting the Annual Payments to the Trustee; the actual costs of the Administrator and Trustee (including legal counsel) in the discharge of their duties; the costs of the CDA of complying with arbitrage rebate requirements; the costs of the CDA of complying with securities disclosure requirements; and any other costs of the CDA or the County in any way related to the administration and operation of the CDA, including, Page 1 of 16 without limitation, the costs of official meetings of the CDA, the costs of legal counsel and other consultants and advisors, and costs related to commencing foreclosure and pursuing collection of delinquent Annual Payments. "Administrator" means the official or designee of the CDA who shall be responsible for determining the Annual Revenue Requirement, calculating the Equivalent Units, preparing the update of the Special Assessment Roll, and such other responsibilities as provided herein, in the Bond Indenture, or by the Board of Directors. "Annual Credit" means the amount calculated as the Annual Credit for each Parcel pursuant to Section D. "Annual Installment" means the payment schedule for the Special Assessments as set forth in the Special Assessment Roll, which represents the amount that may be collected each Assessment Year pursuant to Virginia Code section 15.2-5158(A)(5) and the provisions herein. The Annual Installments for each Parcel shall be calculated pursuant to Section D. Annual Installments are not to be collected from Future Development Parcels. The Annual Installment for each year as shown on the Special Assessment Roll may be revised by the Board of Directors to better match the expenses of the CDA as long as the total of the Special Assessment is not exceeded. "Annual Payment" means the portion of the Annual Installment to be collected each Assessment Year from each Parcel as determined by the provisions of Section D.1. The Annual Payment for any Parcel may be less than but may not exceed the Annual Installment for such Parcel for any Assessment Year. Annual Payments are not to be collected from Future Development Parcels. "Annual Revenue Requirement" means, for any Assessment Year, the sum of the following: (1) debt service on the Bonds to be paid from the Annual Payments; (2) periodic costs associated with the Bonds, including but not limited to, rebate payments and credit enhancement on the Bonds; (3) Administrative Expenses; and (4) a contingency as determined reasonable by the Board of Directors; less (5) Tax Increment Revenues available to the CDA that may be applied to the Annual Revenue Requirement; (6) any credits to be applied under the Bond Indenture, such as capitalized interest or interest earnings on any account balances, and (7) any other funds available to the CDA that may be applied to the Annual Revenue Requirement. "Assessed Property" means, for any Assessment Year, Parcels within the CDA other than Non-Benefited Property. "Assessment Year" means the annual cycle in which the Annual Payment is determined each year for each Parcel, the Annual Payment is collected, and these revenues are applied to the payments on the Bonds each year. "Board of Directors" means the Board of Directors of the CDA. Page 2 of 16 "Bond Indenture" means the indenture or similar document setting forth the terms and other provisions relating to the Bonds, as modified, amended and/or supplemented from time to time. "Bonds" means the bonds issued pursuant to the Bond Indenture payable from and secured by revenues derived from the imposition and collection of the Special Assessments and Tax Increment Revenues, whether in one or more series, including any Bonds issued to refund such Bonds. "Building Square Footage" or "BSF" means the actual or, for property not yet developed, the estimated leasable building area as shown on the building permit, architectural plans or other available documents, as estimated by the Administrator. If no information is available on the estimated leasable building area, Building Square Footage may be estimated by net usable land area and the estimated or allowable floor to area ratio for the property. "County" means the Chesterfield County, Virginia. "District" means the property identified as being within the District on the District Map. "Equivalent Units" means, for Land Use Class 1, the number of dwelling units, and for Land Use Class 2, Land Use Class 3, Land Use Class 4 and Land Use Class 5, the Building Square Footage in 1,000s of square feet, built or that may be built on a Parcel, multiplied by the factors for each land use class shown below, which represent an allocation of the costs of the Public Improvements funded by the Bonds: Land Use Class 1 Land Use Class 2 Land Use Class 3 Land Use Class 4 Land Use Class 5 0.14 per dwelling unit 1.00 per 1,000 BSF 0.60 per 1,000 BSF 0.78 per 1,000 BSF 0.25 per 1,000 BSF The computation of Equivalent Units for each Parcel shall be based on the expected development, which may be measured by actual development, development plans, the legal maximum development allowed, the acreage of a Parcel and reasonable density ratios, or other reasonable methods, as calculated by the Administrator and confirmed by the Board of Directors, based on the information available regarding the use of the Parcel and such computation as confirmed shall be conclusive as long as there is a reasonable basis for such determination. "Future Development Parcels" means, as of any Assessment Year, Parcels that meet both of the following two requirements (i) identified as Future Development Parcels in the Special Assessment Roll, including any Parcels created from these Parcels and (ii) owned by the County or a governmental entity. Page 3 of 16 "Land Use Class 1" means Assessed Property used or intended to be used primarily for residential dwelling units, including any ancillary uses thereto. "Land Use Class 2" means Assessed Property used or intended to be used primarily for retail sales and services to the general public, including banks, not including Assessed Property classified as Land Use Class 3 or Land Use Class 4, including any ancillary uses thereto. "Land Use Class 3" means Assessed Property used or intended to be used primarily for retail sales and services to the general public, including banks, to the general public consisting of a retailer with building square footage greater than 15,000 BSF but less than 80,000 BSF, including any ancillary uses thereto. "Land Use Class 4" means Assessed Property used or intended to be used primarily for retail sales and services to the general public, including banks, to the general public consisting of a retailer in excess of 80,000 BSF, including any ancillary uses thereto. "Land Use Class 5" means Assessed Property used or intended to be used primarily as office space, including any ancillary uses thereto, and any other Assessed Property not classified as Land Use Class 1, Land Use Class 2, Land Use Class 3, or Land Use Class 4. "Mandatory Special Assessment Prepayment" shall mean a mandatory prepayment of Special Assessments pursuant to Section J. "Non-Benefited Property" means Public Property, Owner Association Property, Future Development Parcels until such time as the Parcels are no longer Future Development Parcels, or easements that create an exclusive use for a public utility provider. "Owner Association Property" means Parcels within the boundaries of the District owned by or irrevocably offered for dedication to a property owners' association (if not used in a trade or business) and available for use by property owners in general. "Parcel" means a lot or parcel with a tax map identification number assigned by the County for real property tax purposes. "Principal Portion of Special Assessments" means the portion of the Special Assessments equal to the principal amount of the Bonds to be issued, as shown on the Special Assessment Roll, as updated from time to time as provided for here. The Principal Portion of Special Assessments shall initially be allocated to Assessed Property proportionate to the Special Assessments as set forth in Section C hereof. The Principal Portion of Special Assessments may be increased for each Parcel of Assessed Property pro rata to the Principal Portion of the Special Assessments of each parcel for refunding Bonds or other reasons as long as the total of the Special Assessments is not increased to more than the amount set forth in the Special Assessment Roll. Page 4 of 16 "Public Improvements" means those improvements that the CDA has been authorized to provide. "Public Property" means, for any Assessment Year, property within the boundaries of the District owned by or irrevocably offered for dedication to the federal government, Commonwealth of Virginia, the County, the CDA, or any other public agency, political subdivision, or entity, whether in fee simple or any other property ownership interest that creates a substantially exclusive use by the public entity in the property. "Special Assessments" means the Special Assessments on each parcel as shown on the Special Assessment Roll, as calculated by the Administrator and confirmed by the Board of Directors pursuant to the provisions of Section C.l., as it may be reapportioned or reduced according to the provisions herein. "Special Assessment Roll" means the document attached hereto as Appendix A-1 and A-2, as updated from time to time by the Board of Directors of the CDA in accordance with the procedures set forth herein. "Tax Increment Fund" means the account of such name established for the CDA pursuant to the Bond Indenture. "Tax Increment Revenues" means the amounts paid into the Tax Increment Fund each year by the County. "True-Up Agreement" means an agreement with the CDA providing for the maximum Principal Portion of Special Assessments per Equivalent Unit. "Trustee" means the trustee as specified in the Bond Indenture, including a substitute trustee. C. THE SPECIAL ASSESSMENTS 1. The Amount of the Special Assessments The total of the Special Assessments shall not exceed the amounts set forth in the Special Assessment Roll as it may be updated from time to time as provided for herein. The Special Assessments shall be allocated to and set for each Parcel by the Board of Directors prior to the issuance of the Bonds and shall not be changed thereafter except pursuant to the provisions herein. The Board of Directors shall allocate and set the Special Assessments on each Parcel according to the following formula: A=(B=C)XD Where the terms have the following meanings: A =the Special Assessments for a Parcel Page 5 of 16 B =the Equivalent Units of a Parcel C =the sum of the Equivalent Units of all of the Parcels in the CDA D =the total of the Special Assessments for all Parcels as shown in the Special Assessment Roll 2. Reapportionment of Special Assessments a. Request of a Parcel Owner Upon a change in the estimate of the total of the Equivalent Units of a Parcel, the Board of Directors may reapportion the Special Assessments on some or all of the Parcels upon the unanimous request of the owners of the Parcels for which the Special Assessments is to be reapportioned. The reapportionment shall be made according to the following formula: A=(B=C)XD Where the terms have the following meanings: A =the Special Assessments of the Parcel B =the Equivalent Units of a Parcel C =the total Equivalent Units of all Parcels subject to the reallocation D = the total of the Special Assessments for all Parcels subject to the reallocation In all cases, the sum of the Special Assessments after a reallocation of the Special Assessments shall equal the total of the Special Assessments prior to such reallocation. b. Subdivision of a Parcel Upon the subdivision of any Parcel, the Special Assessments of the Parcel prior to the subdivision shall be reallocated to each new Parcel in proportion to the Equivalent Units of each Parcel and the Special Assessments for the Parcel prior to the subdivision. The reapportionment of the Special Assessments shall be represented by the formula: A=(B=C)XD Where the terms have the following meanings: A =the Special Assessments of the Parcel B =the Equivalent Units of a Parcel C =the sum of the Equivalent Units of all of the new Parcels of Assessed Property that result from the subdivision D =the Special Assessments of the Parcel prior to the subdivision Page 6 of 16 In all cases, the Special Assessments after the subdivision of a Parcel shall equal the sum of the Special Assessments before the subdivision of the Parcel. Consolidation of a Parcel Upon the consolidation of two or more Parcels, the Special Assessments for the consolidated Parcel shall equal the sum of the Special Assessments for the Parcels prior to the consolidation. d. Principal Portion of Special Assessments The Principal Portion of Special Assessments shall be set and reallocated in the same manner as the Special Assessments. 3. Reduction in the Special Assessments a. Reduction in Costs If the Board of Directors resolves that the total actual costs to be incurred by the CDA, including the costs of the Public Improvements and the costs related to the issuance and repayment of the Bonds, including refunding Bonds, and Administrative Expenses are less than the total amount of the Special Assessments, then the Board of Directors shall reduce the Special Assessments such that the sum of Special Assessments equals the total costs incurred or to be incurred. The Special Assessments shall be reduced for every Parcel of Assessed Property in the CDA in the following manner. First, if the Public Improvements were not completed and any Parcels were not fully improved by the Public Improvements, the Special Assessments shall be reduced on these Parcels to represent the Public Improvements made to these Parcels compared to the Public Improvements made to the other Parcels. The Board of Directors may provide for the reduction in the Special Assessments by equal percentage for each Parcel or some other means if the Board of Directors determines this would be the most fair or practical method of reducing the Special Assessments. Second, if additional reductions are to be made in the Special Assessments, the Special Assessments shall be reduced by an equal percentage such that the sum of the resulting Special Assessments for every Parcel equals the actual costs to be incurred by the CDA. The Special Assessments as reduced according to the provisions of this section shall not be reduced to an amount that is less than the outstanding amount of the Bonds, debt service on the outstanding Bonds, and estimated Administrative Expenses. The Principal Portion of Special Assessments shall be reduced in the same manner as the reduction in the Special Assessments such that the total of the Principal Portion of the Assessments is equal to the total principal of the outstanding Bonds and any to be issued (including refunding Bonds). Page 7 of 16 b. Repayment of the Bonds The Special Assessments and the Annual Installment applicable to any Parcel shall be reduced each Assessment Year in an amount equal to the Annual Payment collected from such Parcel. The Principal Portion of Special Assessments shall be reduced for the principal portion of the Annual Payments collected from each Parcel. Prepayment of Special Assessment The Special Assessments and the Principal Portion of Special Assessments applicable to any Parcel shall be reduced (or eliminated) as the result of any prepayment of Special Assessments for the Parcel. D. METHOD OF DETERMINING THE ANNUAL PAYMENT Commencing first Assessment Year shown on the Special Assessment Roll and for each following Assessment Year, the Administrator shall calculate and the Board of Directors shall confirm the Annual Payment on each Parcel pursuant to the following provisions. 1. The Annual Payment The Annual Payment shall be paid each year for any Parcel for which the Special Assessments has not been paid in full in an amount equal to the lesser of (i) the Annual Installment for the Parcel, and (ii) an amount calculated pursuant to the following formula: A=Bx(C=D) Where the terms have the following meanings: A =the Annual Payment for a Parcel B =the Annual Revenue Requirement for the Assessment Year for which the Annual Payment is being calculated; C =the Adjusted Annual Installment for the Parcel; D =the Adjusted Annual Installment for all Parcels. 2. The Adjusted Annual Installment The Adjusted Annual Installment for a Parcel shall equal the Annual Installment for such Parcel less the Annual Credit for the Parcel. 3. The Annual Installment for each Parcel The Annual Installment for each Parcel shall be calculated pursuant to the following formula: Page 8 of 16 A=B x (C-D) Where the terms have the following meanings: A =the Annual Installment for a Parcel B =the Annual Installments for the CDA for the Assessment Year as shown in the Assessment Roll; C =the Principal Portion of the Special Assessment for the Parcel; D =the Principal Portion of the Special Assessment for all Parcels, excluding Future Development Parcels. 4. The Annual Credit The Annual Credit for each Parcel for each Assessment Year shall be equal to the Tax Increment Revenues included in the calculation of the Annual Revenue Requirement for that Assessment Year to be derived from that Parcel. The aggregate amount of the Annual Payment to be collected from all Parcels of Assessed Property in any Assessment Year shall equal the Annual Revenue Requirement for such Assessment Year. E. UPDATING THE ASSESSMENT ROLL The Board of Directors shall update the Special Assessment Roll from time to time in accordance with the provisions herein in order to maintain records for the collection of Special Assessments. The Special Assessment Roll shall be updated each Assessment Year to reflect (i) the current Parcels in the District, (ii) the Special Assessments allocated to each Parcel, including any adjustments to the Special Assessments as provided for in Section C, (iii) the Principal Portion of Special Assessments for each Parcel; (iv) the Annual Installment for each Parcel for the Assessment Year, (v) the Annual Payment for each Parcel for the Assessment Year, (vi) prepayments of Special Assessments, (vii) termination of the collection of Special Assessments, and (viii) any other information helpful to the collection of Special Assessments. F. MANNER OF COLLECTION OF THE ANNUAL PAYMENT The Annual Payments shall be collected in the same manner and at the same time as regular property taxes of the County and shall be subject to the same penalties, procedures, sale, and lien priorities in case of delinquencies as are provided for regular property taxes of the County. The CDA shall notify the County of the amount of the Annual Payment to be collected on each Parcel each Assessment Year in a timely manner to allow the collection of the Annual Payment by the County. The Board of Directors may provide for other means of collecting the Annual Payment, to the extent permitted under the Act. Page 9 of 16 G. ADMINISTRATIVE REVIEW A Parcel owner claiming that a calculation error has been made in the update of Special Assessment Roll in any Assessment Year, including the calculation of the Annual Payment, shall send a written notice describing the error to the Administrator and the Board of Directors not later than the end of the Assessment Year in which such error is alleged to have occurred prior to seeking any other remedy. The Administrator shall promptly review the notice, and if necessary, meet with the property owner, consider written and oral evidence regarding the alleged error and decide whether, in fact, such a calculation error occurred. The decision of the Administrator regarding a calculation error relating to the Special Assessment Roll may be appealed to the Board of Directors, in which case the Board of Directors shall promptly consider such appeal, take into consideration the evidence provided by the Administrator and any additional evidence deemed relevant by the Board of Directors, and decide the appeal. If the Administrator or the Board of Directors determines that a calculation error has been made that requires the Special Assessment Roll to be modified or changed in favor of an owner, at the option of the Board of Directors, such correction may be made to the Special Assessment Roll in the following Assessment Year. The decision of the Administrator, or if such decision is appealed, the decision of the Board of Directors, shall be conclusive as long as there is a reasonable basis for such determination. This procedure shall be exclusive and its exhaustion by any Parcel owner shall be a condition precedent to any other appeal or legal action by such owner. H. TERMINATION OF COLLECTION OF SPECIAL ASSESSMENTS Except for any delinquent Annual Payments and related penalties and interest, the Annual Payments may be collected for a term not to exceed the term of all of the Bonds. In no event shall the Annual Payments be collected beyond the period in which the Special Assessments or the Bonds are fully paid as provided for herein. After the retirement of all Bonds, and the collection of any delinquent Annual Payments, penalties and interest, the CDA shall provide each owner of a Parcel a recordable document (or provide for the recordation of such document) evidencing the termination of the imposition and collection of Special Assessment. I. PREPAYMENT OF SPECL~I, ASSESSMENTS Special Assessments on any Parcel may be fully paid at any time, Special Assessments reduced to zero, and the obligation to pay the Annual Payments for such Parcel permanently satisfied by payment of an amount equal to: (a) the sum of the following: (i) Principal, (ii) Defeasance, and (iii) Expenses, less (b) the Reserve Fund Credit, where the terms have the following meanings: Page 10 of 16 "Principal" means a sum equal to the Principal Portion of Special Assessments for the Parcel. "Defeasance" means an amount equal to the Annual Installment for such Parcel for the Assessment Year in which such prepayment occurs, if not previously paid, plus, appropriate adjustments as determined by the Administrator for the amount needed to pay interest on the outstanding Bonds to be redeemed (to the extent such interest will not be paid by the Annual Installment) less the investment earnings on the prepayment amount until the applicable Bonds can be called and redeemed pursuant to the Bond Indenture. "Expenses" means the fees and expenses related to the prepayment of the Special Assessments allocable to such Parcel. "Reserve Fund Credit" means, a credit for the amount, if any, by which the debt service reserve fund for the Bonds will be reduced pursuant to the Bond Indenture as a result of such redemption. The amounts calculated in the preceding steps shall be paid to the CDA and shall be distributed by the CDA to pay costs related to the prepayment and according to the Bond Indenture. Upon the payment of such prepayment amount to the CDA, the obligation to pay Special Assessments shall be deemed to be permanently satisfied, the Special Assessments shall be reduced to zero, the Annual Installment shall not be collected on the Parcel thereafter, and the CDA shall provide to the owner (or cause to be recorded) a recordable notice of the payment of Special Assessments within a reasonable period of time of receipt of such prepayment amount. J. MANDATORY PREPAYMENT OF SPECIAL ASSESSMENTS 1. Prepayment of Special Assessments for Non-Benefited Property A Mandatory Prepayment of Special Assessments shall be required on any Parcel that is acquired by an entity that results in the Parcel being classified as Non-Benefited Property, if the Special Assessments may not be reapportioned to a Parcel of Assessed Property pursuant to the provisions herein. The prepayment of the Special Assessment shall be calculated as set forth in Section I. 2. Prepayment of Special Assessments For an Excessive Special Assessments per Equivalent Unit A Mandatory Prepayment of Special Assessments shall be required for any Parcel for which the Principal Portion of Special Assessments per Equivalent Unit exceeds a maximum amount of the Principal Portion of Special Assessments per Equivalent Unit as set forth in the True-Up Agreement. Page 11 of 16 The Mandatory-Prepayment of Special Assessments shall be calculated as set forth in Section I, with the Principal Portion of Special Assessments calculated such that the Principal Portion of the Special Assessments does not exceed the maximum amount per Equivalent Unit as provided for in the True-Up Agreement. 3. General Provisions Relating to a Mandatory Prepayment Special Assessments Each Mandatory Prepayment of Special Assessments shall be paid to the Trustee and shall be used to pay and redeem, discharge, or defease the Bonds as provided for in the Bond Indenture and to pay the Administrative Expenses associated with the Mandatory Prepayment of Special Assessments. Each Mandatory Prepayment of Special Assessments shall be due immediately upon the event resulting in the Mandatory Prepayment of Special Assessments and may be collected from proceeds of a sale, condemnation or other form of compensation for the property or from any other legally available source of funds. In the event a Mandatory Prepayment of Special Assessments is not paid when due, the Mandatory Prepayment of Special Assessments may be collected from any and all Parcels created from the Parcel from which the Mandatory Prepayment of Special Assessments was due. The Mandatory Prepayment of Special Assessments shall have the same sale and lien priorities as provided for by law for Special Assessments. Subsequent to a Mandatory Prepayment of Special Assessments, the Special Assessments for the Parcel for which the Mandatory Prepayment of Special Assessments has been paid shall be reduced, the Special Assessment Roll updated to reflect such payment, and the obligation to pay the Annual Payment for such Parcel shall be reduced to the extent the payment is made. The Mandatory Prepayment of Special Assessments shall not exceed the amount of the outstanding Bonds plus any amounts owed on the Bonds, including accrued interest and redemption fees. K. AMENDMENTS Immaterial amendments may be made to this Rate and Method of Apportionment of Special Assessments by the Board of Directors without further notice under the Act and without notice to owners of Assessed Property within the CDA. Immaterial amendments shall be those that (i) clarify or correct minor inconsistencies in the matters set forth herein, (ii) provide for lawful procedures for the collection and enforcement of Special Assessments and other charges imposed herein so as to assure their efficient collection, and (iii) otherwise improve the ability of the CDA to fulfill its obligations to impose and collect Special Assessments and charges imposed herein and to make it available for the payment of the Bonds, Administrative Expenses, and other costs of the CDA. Page 12 of 16 L. INTERPRETATION OF PROVISIONS The Board of Directors shall make all interpretations and determinations related to the application of this Rate and Method of Apportionment of Special Assessments, unless stated otherwise herein or in the Bond Indenture, and as long as there is a rational basis for the determination made by the Board of Directors, such determination shall be conclusive. M. SEVERABILITY If any section or part of a section of this Rate and Method of Apportionment of Special Assessments is declared invalid or unenforceable, the validity, force, and effect of any other section or part of a section herein shall not thereby be affected or impaired unless such other section or part of a section herein is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unenforceable. N. CONTROLLING LAW This Rate and Method of Apportionment of Special Assessments shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. Page 13 of 16 Appendix A-1 Annual Installment of Special Assessments Assessment Year Princi al Interest Administrative Ex ense Annual Installment 2012-13 $0 $686,240 $30,000 $716,240 2013-14 $0 $1,440,000 $40,000 $1,480,000 2014-15 $0 $1,440,000 $40,200 $1,480,200 2015-16 $0 $1,440,000 $41,004 $1,481,004 2016-17 $4,000 $1,440,000 $41,824 $1,485,824 2017-18 $18,000 $1,439,680 $42,661 $1,500,341 2018-19 $44,000 $1,438,240 $43,514 $1,525,754 2019-20 $73,000 $1,434,720 $44,384 $1,552,104 2020-21 $105,000 $1,428,880 $45,272 $1,579,152 2021-22 $139,000 $1,420,480 $46,177 $1,605,657 2022-23 $177,000 $1,409,360 $47,101 $1,633,461 2023-24 $218,000 $1,395,200 $48,043 $1,661,243 2024-25 $263,000 $1,377,760 $49,004 $1,689,764 2025-26 $312,000 $1,356,720 $49,984 $1,718,704 2026-27 $365,000 $1,331,760 $50,983 $1,747,743 2027-28 $423,000 $1,302,560 $52,003 $1,777,563 2028-29 $487,000 $1,268,720 $53,043 $1,808,763 2029-30 $556,000 $1,229,760 $54,104 $1,839,864 2030-31 $631,000 $1,185,280 $55,186 $1,871,466 2031-32 $712,000 $1,134,800 $56,290 $1,903,090 2032-33 $800,000 $1,077,840 $57,415 $1,935,255 2033-34 $897,000 $1,013,840 $58,564 $1,969,404 2034-35 $1,001,000 $942,080 $59,735 $2,002,815 2035-36 $1,114,000 $862,000 $60,930 $2,036,930 2036-37 $1,237,000 $772,880 $62,148 $2,072,028 2037-38 $1,370,000 $673,920 $63,391 $2,107,311 2038-39 $1,515,000 $564,320 $64,659 $2,143,979 2039-40 $1,672,000 $443,120 $65,952 $2,181,072 2040-41 $1,842,000 $309,360 $67,271 $2,218,631 2041-42 $2,025,000 $162,000 $68,617 $2,255,617 Total $18,000,000 $33,421,520 $1,559,459 $52,980,979 Page 14 of 16 Appendix A-2 Special Assessment Roll arcel Proposed Develo went Principal Portion of Special Assessments Special Assessments Annual Installment Annual Credit Adjusted Annual Installment Annual Pa ment TBD Kro er $5,535,998 $16,294,587 [To Be [To Be [To Be [To Be TBD Phase I $2,935,468 $8,640,221 Updated Updated Updated Updated TBD Phase II $9,528,534 $28,046,170 Each Year) Each Year) Each Year) Each Year) Total $18,000,000 $52,980,979 Page 15 of 16 Apuendix A-3 Kroger's Share of Annual Installment of Special Assessments Assessment Year Princi al Interest Administrative Ex ense Annual Installment 2012-13 $0 $211,057 $9,227 $220,283 2013-14 $0 $442,880 $12,302 $455,182 2014-15 $0 $442,880 $12,364 $455,244 2015-16 $0 $442,880 $12,611 $455,491 2016-17 $1,230 $442,880 $12,863 $456,973 2017-18 $5,536 $442,781 $13,120 $461,438 2018-19 $13,532 $442,339 $13,383 $469,254 2019-20 $22,452 $441,256 $13,651 $477,358 2020-21 $32,293 $439,460 $13,924 $485,677 2021-22 $42,750 $436,876 $14,202 $493,829 2022-23 $54,437 $433,456 $14,486 $502,380 2023-24 $67,047 $429,101 $14,776 $510,924 2024-25 $80,887 $423,738 $15,071 $519,696 2025-26 $95,957 $417,267 $15,373 $528,597 2026-27 $112,258 $409,590 $15,680 $537,528 2027-28 $130,096 $400,609 $15,994 $546,699 2028-29 $149,779 $390,202 $16,314 $556,295 2029-30 $171,001 $378,219 $16,640 $565,860 2030-31 $194,067 $364,539 $16,973 $575,580 2031-32 $218,979 $349,014 $17,312 $585,306 2032-33 $246,044 $331,496 $17,658 $595,198 2033-34 $275,877 $311,812 $18,012 $605,701 2034-35 $307,863 $289,742 $18,372 $615,977 2035-36 $342,617 $265,113 $18,739 $626,469 2036-37 $380,446 $237,703 $19,114 $637,264 2037-38 $421,351 $207,268 $19,496 $648,115 2038-39 $465,946 $173,560 $19,886 $659,392 2039-40 $514,233 $136,284 $20,284 $670,801 2040-41 $566,517 $95,145 $20,690 $682,352 2041-42 $622,800 $49,824 $21,103 $693,727 Total $5,535,998 $10,278,970 $479,620 $16,294,587 Page 16 of 16 MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING (this "Memorandum") is made as of 2011, by and between the COUNTY OF CHESTERFIELD, VIRGINIA (the "County"); STONEBRIDGE REALTY HOLDINGS LLC, a Delaware limited liability company, or its successor or assigns, as landowner and developer (the "Developer"); and CHIPPENHAM PLACE COMMUNITY DEVELOPMENT AUTHORITY (the "CDA"). WITNESSETH WHEREAS, pursuant to the terms of an Amended and Restated Purchase and Sale Agreement dated June 26, 2008, as further amended and assigned by instruments dated January 14, 2009, December 23, 2009, and August 25, 2010 (the "Land Sale Agreement"), between the Economic Development Authority of the County of Chesterfield (the "EDA"), Crosland Stonebridge LLC (which has assigned its interest thereunder to the Developer), and the County, the Developer either has purchased or is obligated to purchase from the EDA certain real property consisting of an approximately 83-acre site and certain improvements thereon and more particularly shown on Exhibit A attached hereto and incorporated herein by this reference (collectively, the "Property"); and WHEREAS, the Developer expects to undertake the development of Stonebridge, a mixed-use residential, commercial and retail center ("Stonebridge") to be located on the Property and currently expects to develop at least 69 acres on which it or third parties plan to construct approximately 300,000 square feet of retail space, 350 multi-family units and 100,000 square feet of commercial space (the "Project"); and WHEREAS, the Board of Supervisors of the County (the "Board of Supervisors") received a petition (the "Petition") pursuant to Sections 15.2-5152 et seq. of the Code of Virginia of 1950, as amended (the "Virginia Code"), from the EDA requesting the Board of Supervisors to create a community development authority to assist in the development of certain infrastructure improvements as described in the Petition and on Exhibit B hereto (the "Improvements") in conjunction with the development of the Project; and WHEREAS, pursuant to the Petition and in consideration of the Developer's undertaking of the Project, by Ordinance enacted June 25, 2008 (the "Ordinance"), attached hereto as Exhibit C, the Board of Supervisors created the CDA and the CDA District (as described in the Ordinance); and WHEREAS, the transactions contemplated by this Memorandum will benefit the citizens of the County by promoting increased employment opportunities, a strengthened economic base and increased tax revenues and additional retail and residential opportunities not currently available in the local area; and WHEREAS, the parties wish to set forth several understandings with respect to the CDA and its plan of finance in this Memorandum: NOW, THEREFORE, in consideration of the foregoing, the parties set forth the following agreements and understandings: 1. Issuance of Bonds. The CDA proposes to issue bonds in two series (the "Bonds") pursuant to Virginia Code Sections 15.2-5158(A)(2) and 15.2-5125, under an Indenture of Trust (the "Indenture") between the CDA and a trustee (the "Trustee") in the maximum aggregate principal amount not to exceed $17,250,000. The proceeds of the Bonds will be used to pay a portion of the costs associated with the acquisition, design, construction, project management and development of the Improvements, capitalized interest through not more than approximately 36 months after the date of issuance of the first or second series of Bonds, as applicable, required reserves, the costs of issuing the Bonds (including, but not limited to, attorneys' fees, underwriter fees, engineering fees and appraisal fees) and any additional administrative costs to be incurred by the County in connection with the administration and operation of the CDA. The Bonds shall have a term of no longer than approximately thirty (30) years from the date of issuance of the first or .second series of Bonds, as applicable, inclusive of the capitalized interest period. Any costs associated with the acquisition, design, construction and development of the Improvements that exceed the proceeds of the Bonds allocated therefor shall be the sole responsibility of the Developer. If there are any Bond proceeds remaining after the completion of the acquisition, design, construction and development of the Improvements, such excess proceeds shall be used to pay down the Bonds. The CDA will not issue any additional bonds or undertake any financing, including any refunding bonds, without the prior approval of the Board of Supervisors. Interest on the Bonds shall not be paid from Incremental Tax Revenues, as described below, or other revenues pledged to payment of the Bonds until moneys deposited in the capitalized interest account under the Indenture have been expended. The County, the Developer and the CDA acknowledge that all of the Improvements to be financed with the proceeds of the Bonds will be constructed after the issuance of the first series of the Bonds. Subject to the terms and conditions of the Land Sale Agreement either the County or the Developer will fund the costs of the Improvements to the extent not funded by the proceeds of the first series of the Bonds. The proceeds from the issuance of the second series of the Bonds will be used first to reimburse the County for the costs it incurred in connection with the Improvements under the Land Sale Agreement and then to reimburse the Developer for the costs it incurred and that were not paid for by the proceeds of the issuance of the first series of the Bonds; provided, however, that if, at the time the second series of the Bonds are issued, the County is still holding all or any portion of the "Retainage Amount," as that term is defined in that certain Infrastructure Development Plan dated as of , 2011 between the Developer and the County (the "Development Plan"), any reimbursement otherwise payable to the Developer from such proceeds will be reduced by such portion of the Retainage Amount and held by the Trustee for future disbursement pursuant to the following sentence. If any portion of the proceeds from the issuance of the second series of Bonds are held by the Trustee pursuant to the immediately preceding sentence, such proceeds shall be distributed as follows: (i) if any Retainage Amount is disbursed after the issuance of the second series of Bonds to pay the costs of the Deferred Improvements (as that term is defined in the Development Plan), then the Trustee shall pay an amount equal to such disbursement to the County; (ii) if less than all of the Retainage Amount held by the County as of the date of the issuance of the second series of Bonds is disbursed after the sale of the second series of Bonds, then after making any payments described in clause (i), the Trustee shall use such proceeds to reimburse Developer for costs incurred for the Improvements that were not paid for by the proceeds of the issuance of the first series of Bonds; and (iii) any balance not disbursed under clauses (i) or (ii) will be held by the Trustee and disbursed in accordance with the Indenture. Disbursements by the Trustee under clauses (i) and (ii) of the preceding sentence will be made upon the Trustee receiving a joint written certification from the County and the Developer that (y) the Deferred Improvements have 2 been completed and (z) specifying the amount to be disbursed to the County and to the Developer as applicable. 2. Development of Improvements. The Improvements to be financed with the proceeds of the Bonds, along with other funds provided by the Developer, consist of various infrastructure more particularly described in the Petition and in Exhibit B hereto. Amounts not needed for any portion of the Improvements shown on Exhibit B may be reallocated first to other Improvements shown on Exhibit B and then to such associated improvements as may be approved by the CDA and the County. The CDA, or the Developer or its designee, on behalf of the CDA, will enter into contracts for the acquisition, design, construction, project management and development of the Improvements. In connection with the foregoing, the CDA will comply with all applicable requirements of the Virginia Public Procurement Act. 3. Submission of Information. Before the issuance of the Bonds for each series, the Developer or the CDA, as appropriate, will submit to the County Administrator a Limited Offering Memorandum or other disclosure document to be used in connection with the sale of the Bonds and such other information with respect to the CDA's finances and the issuance of the Bonds as the County Administrator may reasonably request. Such documents will be furnished to the County solely for informational purposes and receipt of any such document does not constitute approval of any such document by the County or any person not submitting such documents. 4. Special Assessments and Incremental Taz Revenues. (a) Special Assessment. (i) Request for Collection -- Not later than February 15 of each year, commencing ,the CDA will furnish the annual report described in paragraph 5(f) to the County and will request the County to collect annual installments (the "Annual Installment") of a special assessment (the "Special Assessment") within the CDA District pursuant to Virginia Code Section 15.2-5158(A)(5) in an amount to be determined in accordance with the Rate and Method of Apportionment of Special Assessment attached hereto as Exhibit D (the "Rate and Method"), which amount may be zero with respect to one or more Parcels (as defined in the Rate and Method). In making the above request, the CDA will provide such information as the County may request to enable it to collect the Annual Installment. The Special Assessment shall be in an amount equal to debt service on the Bonds, administrative expenses of the County in connection with the levy and collection of the Special Assessment and the performance of its obligations hereunder, less other amounts available for the payment of such debt service and expenses including, in particular, amounts payable pursuant to the provisions of paragraph 4(b) below (the "Assessment Amount"). The Annual Installment shall be equal to the Assessment Amount due in any calendar year. (ii) County's Agreement with respect to Assessment; Assignment -- The County Administrator or other officer responsible for proposing the County's budget to the Board of Supervisors shall propose payments to the CDA to be derived from such Annual Installment in the County's budget for each fiscal year any Bonds are outstanding; provided, however, any collection and payment of the Annual Installment derived from Special Assessments shall be made only to the extent that Incremental Tax Revenues calculated pursuant to this Memorandum are insufficient in amount to pay the Annual Installment then due or to be due in each such fiscal year. The County agrees that so long as the Bonds are outstanding the 3 County will collect the Annual Installment and pay the amounts received thereunder to the CDA, subject to appropriation each year by the Board of Supervisors. The County pledges and assigns all of its right, title and interest in the Annual Installment to the CDA (except amounts that may be retained by the County to pay administrative costs, as described in paragraph 4(c) below). The CDA, in turn, will pledge and assign all of its right, title and interest in the Annual Installment to the trustee for the Bonds (the "Trustee") or its successor who will use the moneys received, except for amounts segregated for administrative expenses, to make debt service payments on the Bonds before forwarding any remainder to the CDA and the County agrees to make all such payments directly to the Trustee for the Bonds. The Annual Installment assigned by the County includes any payments from foreclosures, less costs of collection, and excludes administrative fees for the cost of administration as described in paragraph 4(c) below. The CDA has the right to retain a portion of the payments assigned by the County to pay the CDA's administrative expenses and such portion of the payments is not pledged or assigned to the Trustee for the Bonds. The County's obligation to make payments to the CDA of the Annual Installment shall not be deemed to be a general obligation of the County, shall be payable solely from payments of the Annual Installment received by the County and shall be subject to and dependent on appropriations being made from time to time of the Annual Installment by the Board of Supervisors for such purpose. (iii) Developer's Agreement with Respect to Assessment -- In accordance with Virginia Code Sections 15.2-5158(A)(5) and 15.2-2405, the parties hereto agree to the Special Assessment to be levied and apportioned in accordance with this Memorandum and the Rate and Method which is incorporated as though set forth fully herein. The Developer for itself and its successors and assigns represents and agrees that the Special Assessment, as apportioned pursuant to the Rate and Method, does not exceed the peculiar benefit to the assessed property resulting from the Improvements and is apportioned to property within the CDA District on a rational basis. The Developer acknowledges that the County may commence foreclosure proceedings for the collection of delinquent Special Assessments within the CDA District and that foreclosure proceedings may be instituted whenever a Special Assessment remains delinquent one year from its initial due date (except for owner-occupied residential property, to which the provisions of Virginia Code Section 58.1-3965 will apply) in accordance with Virginia Code Section 58.1-3965.2. In order to reduce the likelihood of any prolonged foreclosure actions, the Developer will provide for facilitated service of process with respect to any foreclosure action in respect of delinquent Special Assessments levied in the CDA District and will waive affirmative defenses to any such foreclosure action pertaining to the formation of the CDA District and its financing structure, including the Rate and Method, the validity of the Bonds, the requirements of the Indenture and the priority of CDA District liens and foreclosure of liens to collect delinquent Special Assessments, provided, however, that such waiver shall not be deemed to prevent the Developer from asserting in a separate legal action (and not as an affirmative defense in any foreclosure action) a challenge to (I) any levy not made in accordance with the terms of the Rate and Method, or (II) a foreclosure not undertaken in accordance with the County's generally applicable foreclosure procedures. (iv) Billing and Collection of Annual Installment -- The County shall bill the Annual Installment, to the extent the CDA requests collection of the Annual Installment, in the same manner and at the same time as it bills its real estate taxes. The amount of the Annual 4 Installment for each Parcel will be recorded in the County land records such that the public will have access to its existence. Penalties and interest on delinquent payments of the Annual Installment shall be charged as provided by law. The Annual Installment shall be included on the County's regular real estate tax bill or in a separate bill in the same envelope as the County's regular real estate tax bill, and shall be collected on the same dates as the County's real estate taxes. Payments of the Annual Installment collected by the County shall be segregated from all other funds of the County and may not be used for any other purpose by the County. (v) Collection of Delinquent Assessments -- The County's customary tax payment enforcement proceedings will apply to the collection of any delinquent payment of the Annual Installment except that foreclosure proceedings may be instituted to sell any Parcel(s) (except for owner~ccupied residential property, to which the provisions of Virginia Code Section 58.1-3965 will apply) when the Annual Installment for such Parcel(s) remains unpaid one year from its initial due date in accordance with Virginia Code Section 58.1-3965.2. The County shall pursue the collection of delinquent payments with the same diligence it employs in the collection of the County's general ad valorem real estate taxes, including the commencement of tax foreclosure proceedings to the extent provided by the then-current statutes of the Commonwealth of Virginia. The County agrees that it will provide notice to the CDA of any legal proceedings to be instituted for the collection of delinquent payments of the Annual Installment. The parties understand and agree that the County's ordinary discretion in this regard allows it to decide not to expend resources to collect de minimis outstanding amounts; provided that the County will obtain the CDA's consent with respect to any such amounts in excess of $200. The CDA agrees to cooperate with the County in any such enforcement action. (vi) Surplus - If, in any calendar year, (i) the Incremental Tax Revenues (as hereinafter defined) computed pursuant to the provisions of paragraph 4(b) below exceed the Annual Installment for such calendar year attributable to the Bonds, such excess shall be deemed a "Surplus;" and (ii) "Excess Revenues" (as defined in paragraph 4(b)(iii)) are generated and pursuant to the terms of paragraph 4(b)(iii) are not eligible to be credited against the Annual Installments owing on parcels that are owned by the Developer or other owners, then to the extent, but only to the extent that Developer or other owners pays its Annual Installments on such parcels, such Excess Revenues shall also be deemed to be "Surplus." Any Surplus shall, to the extent appropriated by the Board to the CDA, be deposited by the County in an account (the "Surplus Fund") to be established with the Trustee under the Indenture to be used in the event that Incremental Tax Revenues in any year are less than amounts needed to pay the applicable Annual Installment for such year; provided, however, that if (y) in any year the financial report submitted in accordance with paragraph 5(f) below shows that the sum of (I) Incremental Tax Revenues available for debt service on the Bonds in the prior year and (II) Incremental Tax Revenues projected to be available for debt service on the Bonds in the current year are each at least equal to 1.5 times debt service on the Bonds and (z) there are no owners of portions of the Property eligible for reimbursements resulting from having paid Annual Installments in prior years (as described below), the County shall not be required to deposit any Surplus in the Surplus Fund in the current year. In any year for which the County is not required to deposit any Surplus in the Surplus Fund in accordance with the debt service coverage provisions set forth immediately above, then there shall be no credit against Special Assessments levied for subsequent periods. If any portion of the Annual Installment for a given calendar year was collected by the County from the owner of any portion of the Property, the Surplus shall be used to reimburse such owner for that portion of the Annual Installment applicable to the Bonds for 5 such calendar year that was actually collected from such owner by the County in accordance with the Rate and Method. If there is more than one owner entitled to such reimbursement, reimbursement payments will be made on a pro rata basis to each such owner in proportion to the aggregate amount of the Annual Installments actually paid by each such owner. The County and the CDA agree that any Surplus payable to such owner pursuant to this subparagraph (vi) shall be paid to the EDA or other entity legally authorized to make payments to such owner. Any amounts on deposit in the Surplus Fund after the Bonds have been re-paid in full, or provision for their re-payment in full has been made, and any reimbursements to the owner of any portion of the property have been made as provided above, shall be paid to the County. (b) Incremental Tax Revenues. (i) Subject to (iv) below, the County hereby agrees to pay to, or on behalf of, the CDA amounts equal to certain Incremental Tax Revenues, determined as set forth below, each year as long as any Bonds are outstanding. The County Administrator or other officer responsible for proposing the County's budget to the Board of Supervisors shall propose payments to the CDA to be derived from such Incremental Tax Revenues in the County's budget for each fiscal year any Bonds are outstanding. (ii) The payments to, or on behalf of, the CDA of amounts equal to the Incremental Tax Revenues shall be used on asemi-annual basis to pay, in whole or in part as the case maybe, the Annual Installment for that particular calendar year attributable to the Bonds. (iii) Notwithstanding anything to the contrary in this Memorandum, the County shall make each such payment of amounts equal to the Incremental Tax Revenues only to the extent it has collected Incremental Tax Revenues. Further, the County's agreement to pay such Incremental Tax Revenues to the CDA as provided in this Memorandum is made in consideration of the Developer satisfying its agreement contained in Section 2.1 of the Development Agreement dated _, 2011 (the "Development Agreement"), between the CDA and the Developer pursuant to which the Developer has agreed to construct or cause to be constructed certain minimum portions of the Private Development (as defined therein). In the event the Developer fails to construct or cause to be constructed the Kroger Marketplace Store described in such Section 2.1, other than the gas filling station component, the County will have no obligation to make payments of Incremental Tax Revenues provided in this paragraph 5(b) until such time as the Developer has satisfied such Kroger Marketplace development obligation under Section 2.1 of the Development Agreement (other than the gas filling station component). In the event that (i) Developer satisfies the development obligation described in the preceding sentence but does not satisfy its other development obligations as described in the first sentence of Section 2.1 of the Development Agreement (the "Other Development Obligations") and (ii) the Incremental Tax Revenues generated by the Kroger Marketplace Store are in excess of the Annual Installment attributable to the Kroger Marketplace Store in accordance with the Rate and Method (the "Excess Revenues"), then none of the Excess Revenues will be credited against the Annual Installments owing on parcels that are owned by the Developer or included in the calculation of the Annual Revenue Requirement under the Rate and Method until such time as Developer has satisfied the Other Development Obligations, although the Excess Revenues shall be used to pay debt service on the Bonds and other amounts 6 payable under the Rate and Method during the time in which the Other Development Obligations are unsatisfied to the extent that Developer has not paid its Annual Installments. (iv) The County's obligation to make payments to the CDA of amounts equal to Incremental Tax Revenues shall not be deemed to be a general obligation of the County and shall be subject to and dependent on appropriations being made from time to time by the Board of Supervisors for such purpose. (v) The Incremental Tax Revenues shall equal the sum of (I) all of the County's regular ad valorem real property tax revenues (not including any special tax revenues) collected each calendar year by the County within the CDA District (including payments of any "roll back" taxes) which exceed the ad valorem real property tax revenues collected by the County within the CDA District during calendar year [insert base calendar year] which base amount is $ and (II) all of the County's portion of the retail sales and use tax collected each calendar year by the County from retail and other establishments located within the CDA District and subject to such retail sales and use tax. Such Incremental Tax Revenues shall be paid semi-annually by the County to the Trustee, as assignee of the CDA, in an amount equal to the Incremental Tax Revenues collected in each such six-month period (but not exceeding actual Incremental Tax Revenues collected in such calendar year), on each 1 and 1, beginning 1, 20_. After the Bonds have been re-paid in full, or provision for their re-payment in full has been made, the tax increment contribution plan shall expire and all Incremental Tax Revenues shall thereafter be retained by the County. (c) Administrative Costs. If requested by the County, the CDA shall reimburse the County for its reasonable costs and expenses associated with the CDA, including the administration and collection of the revenues payable to the CDA. Administrative expenses (not to exceed $ in the first year the Annual Installment is collected and $ in subsequent years) may be deducted by the County in its remittance to the CDA or the Trustee for the Bonds; provided that the initial payment of $ may be paid from proceeds of the Bonds in lieu of deducting it from the first payment of the Annual Installment so long as the portion of the Bond proceeds available for use by the Developer to fund the costs of Improvements is not less than $5,657,547 in the case of the first series of Bonds and an aggregate $11,315,095 in the case of both series of Bonds. In addition to administrative expenses, the County shall be entitled to recover any additional costs incurred by the County in conjunction with any and all proceedings to collect the amounts payable to the CDA hereunder, including tax foreclosure, administrative and other proceedings. (d) Notice to Subseauent Landowners. The Developer will include in each sales contract and each deed for the conveyance of a fee simple interest in any portion of land within the CDA District that is subject to an outstanding Special Assessment a disclosure statement that includes a statement of the amount of the applicable portion of the Special Assessment and setting forth the name and address of the CDA's administrator or other location where information regarding the CDA and the Special Assessment may be obtained. All such sales contracts and deeds shall also include a covenant that all subsequent deeds conveying any fee simple interest in land within the CDA District that is subject to an outstanding Special Assessment include such disclosure statement. The Developer agrees that it will notify the CDA 7 and the CDA's administrator in writing, within ten (10) days after recordation of a deed of conveyance, of the sale of any land owned by the Developer indicating the tax map parcel number of the property sold and the purchaser of the property. 5. Additional Covenants. (a) The Developer and the CDA agree that all improvements financed with proceeds of the Bonds will be conveyed to the County or other appropriate public entity. The County or other appropriate public entity shall undertake ownership, operation and maintenance of all such improvements, subject to the satisfaction of the requirements outlined in paragraph 5(g) below and as otherwise provided under the terms of the Development, Acquisition and Financing Agreement dated the date hereof between the CDA and the Developer. The County and the CDA acknowledge that certain roads to be constructed with the proceeds of the Bonds will not be acceptable for ownership and maintenance by the Virginia Department of Transportation. The CDA will accept ownership of such roads and enter into an agreement with Developer regarding the maintenance thereof. To the extent permitted by applicable Federal income tax laws and regulations so as to not adversely affect the tax-exempt status of the Bonds, ownership of the roads will revert to the Developer or its successors and assigns (which may include a property owners' association comprised of some or all of the property owners within the CDA District) under such terms and conditions as the CDA and the Developer agree. (b) The Developer and the CDA agree that no payments will be requested by the CDA from the County other than the payments described herein. The Bonds will not constitute a debt or pledge of the full faith and credit of the County and will not impose any liability on the County and the documents pursuant to which the Bonds are issued and sold will contain a statement to that effect in form satisfactory to the County. (c) The Developer (1) will enter into guaranteed maximum price contracts, stipulated lump sum contracts or similar fixed price contracts for the design and construction of the Improvements and (2) will obtain payment and performance bonds and/or completion bonds from the general contractor for such contracts acceptable to the County Administrator. Before delivery of such guaranteed maximum price contracts or similar fixed price contracts and bonds, Bond proceeds will be expended only for costs of issuing the Bonds and for capitalized interest payments and no Bond proceeds will be expended for design and construction of the Improvements until such contracts and payment and performance and/or completion bonds have been delivered. (d) The CDA will sell the Bonds only in minimum denominations of $100,000 and $1,000 increments in excess of $100,000, except to the extent Bonds may be issued in denominations of $5,000 upon receipt of certain ratings as permitted under the Indenture. (e) The CDA agrees to comply with the continuing disclosure requirements of Securities and Exchange Commission Rule 15c2-12 even if the Bonds are exempt from such Rule and to furnish copies of all filings under such Rule to the County Administrator within 15 days after filing. The Developer and the County shall cooperate with the CDA and shall endeavor to provide information with respect to the Developer, the Improvements and the Special Assessment and Incremental Tax Revenues, as appropriate, reasonably requested by the CDA in connection with the CDA's disclosure obligations. 8 (f) The CDA will cooperate in all material and reasonable respects with County in the administration by the County of the CDA's financial affairs including the preparation of an annual report of such financial affairs. Unless otherwise approved by the County, the CDA's audited financial statements will be audited by the auditor engaged by the County to audit the County's financial statements. The fiscal year of the CDA shall be from July 1 through June 30. (g) The Developer and the CDA agree that the Improvements will be built in accordance with all applicable federal, state and local laws, rules and regulations and that the Improvements to be acquired by the County will be built in compliance with all applicable specifications of the County. 6. Approved Budget and Notice of Appropriation. The County shall furnish to the Developer, the CDA and the Trustee for the Bonds as soon as available a copy of the approved budget of the County for the next succeeding fiscal year of the County. The County Administrator shall deliver to the CDA and to the Trustee for the Bonds within 10 days after the beginning of each of the County's fiscal years a written notice specifying the amounts appropriated by the Board of Supervisors to, or on behalf of, the CDA during such fiscal year. The County agrees to notify the Trustee for the Bonds and each Nationally Recognized Municipal Securities Information Repository and any State Information Depository within the Commonwealth of Virginia in the event the Board of Supervisors fails to appropriate any amounts payable hereunder by the County. 7. Prerequisites to Issuance of Bonds. The CDA agrees that it will not issue Bonds until the Developer has satisfied the prerequisites set forth in this paragraph and the conditions to the issuance of the Bonds set forth in the Land Sale Agreement. The Developer agrees that it will provide the following to the County in form and substance reasonably satisfactory to the County before the issuance of the Bonds: (a) such information and assurances as are necessary to complete the disclosure documents prepared in connection with the sale of the Bonds; and (b) such engineering and other reports regarding the Improvements and the Project as the County shall reasonably require. 8. Approval by County. Any approval or consent required of the County under this Memorandum may be given by the County Administrator or such officer's designee unless action by the Board of Supervisors is expressly required. 9. Successors and Assigns. This Memorandum shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. 10. Amendments. This Memorandum may be amended only in writing signed by each of the parties hereto or their successors and assigns. 11. Term. This Memorandum shall be in full force and effect until all Bonds have been paid or deemed no longer outstanding under the Indenture. 12. Severability. If any clause, provision or section of this Memorandum is held to be illegal or invalid by any court, the invalidity of the clause, provision or section shall not affect 9 any of the remaining clauses, provisions or sections, and this Memorandum shall be construed and enforced as if the illegal or invalid clause, provision or section had not been contained in it. 13. Counterparts. This Memorandum may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of which together shall constitute but one and the same instrument. 14. Recitals. The recitals set forth at the beginning of this Memorandum are incorporated into and made a part of this Memorandum as though they were fully set forth in this Section 14 and constitute representations and understandings of the parties hereto. 15. GoverninE Law and Venue. This Memorandum shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law rules. Any action or dispute arising out of this Memorandum that cannot be resolved among the parties shall be resolved in the Chesterfield County Circuit Court or in the United States District Court, Eastern District of Virginia, Richmond Division and in no other forum. 16. Notices. Any notice, request or other deliveries required to be given hereunder shall be deemed given if sent by registered or certified mail, or overnight delivery service, postage prepaid, addressed to the following addresses: County: County of Chesterfield 9901 Lori Road P.O. Box 40 Chesterfield, Virginia 23832-0400 Attention: County Administrator Facsimile Number: (804) 717-6297 with a copy to: County of Chesterfield 9901 Lori Road P.O. Box 40 Chesterfield, Virginia 23832-0400 Attention: County Attorney Facsimile Number: (804) 717-6297 10 CDA: Chippenham Place Community Development Authority c/o County of Chesterfield Department of Budget and Management 9901 Lori Road P.O. Box 40 Chesterfield, Virginia 23832-0400 Facsimile Number: (804) 751-4988 with a copy to: Hunton & Williams LLP Riverfront Plaza -East Tower 951 East Byrd Street Richmond, Virginia 23219 Attention: John D. O'Neill, Jr. Facsimile Number: (804) 788-8218 Developer: Stonebridge Realty Holdings LLC 227 West Trade Street, Suite 800 Charlotte, North Carolina 28202 Attention: James F. Downs Facsimile Number: (704) 523-2946 with a copy to: K&L Gates LLP 214 North Tryon Street Hearst Tower, 47~' Floor Charlottes, North Carolina 28202 Attention: David H. Jones, Esquire Facsimile Number: (704) 353-3181 Any party may designate any other addresses for notices or requests or other deliveries by giving notice under this Section 16. 11 WITNESS the following signatures. COUNTY OF CHESTERFIELD, VIRGINIA By: Title: County Administrator CHIPPENHAM PLACE COMMUNITY DEVELOPMENT AUTHORITY sy: Title: Chairman STONEBRIDGE REALTY HOLDINGS LLC By:_ Title: 12 The undersigned Treasurer of the County executes this Memorandum for purposes of agreeing to the provisions of Paragraph 4. Name: Treasurer Exhibit A -Map Depicting Property Exhibit B -Description of Improvements Exhibit C -Ordinance Exhibit D -Rate and Method of Apportionment of Special Assessment 13 Third Amendment to Amended and Restated Purchase and Sale Agreement This Third Amendment to the Amended and Restated Purchase and Sale Agreement is hereby entered into this day of , 2011, by and between the Economic Development Authority of the County of Chesterfield, a political subdivision of the Commonwealth of Virginia (hereinafter "Owner"), Stonebridge Realty Holdings, LLC, a limited liability company existing under the laws of the State of Delaware (hereinafter "Purchaser") and the County of Chesterfield, a political subdivision of the Commonwealth of Virginia (hereinafter "County") [Owner, Purchaser and County may hereinafter be collectively referred to as the "parties."] WHEREAS, on June 26, 2008, Owner, County and Crosland Investments, L.L.C., a North Carolina limited liability company ("Crosland Investments") entered into an Amended and Restated Purchase and Sale Agreement, as assigned by Crosland Investments to Crosland Stonebridge, LLC ("Crosland Stonebridge") pursuant to that certain Assignment of Amended and Restated Purchase and Sale Agreement dated January 14, 2009, and as amended by that certain First Amendment to Amended and Restated Purchase and Sale Agreement dated December 23, 2009, and as amended by that certain Second Amendment to Amended and Restated Purchase and Sale Agreement dated August 25, 2010 (as amended and assigned, the "Amended Purchase Agreement") pursuant to which Owner agreed to sell and Crosland Stonebridge agreed to buy an approximately 83 acre site known as Cloverleaf Mall (the "Property"); and WHEREAS, the Amended Purchase Agreement was assigned by Crosland Stonebridge to Purchaser by Assignment of Amended and Restated Purchase and Sale Agreement, dated January 7, 2011; and CH-3052636v8 WHEREAS, the parties have reached additional agreements and agreed to revise the terms of their agreement and now desire to enter into this Agreement. NOW, THEREFORE, the parties agree to the following: 1. Section S.b. of the Amended Purchase Agreement is hereby deleted in its entirety and replaced with the following: "S.b. Purchaser may elect to purchase Parcel 2 up to three (3) years after the Initial Purchase. Purchaser is obligated to purchase the entire parcel, but may complete its acquisition through two Phased Closings so long as both Closings occur within the time frame stated above." 2. Section S.c. of the Amended Purchase Agreement is hereby deleted in its entirety and replaced with the following: "S.c. Purchaser may elect to purchase Parcel 3 up to three (3) years after the Initial Purchase. Purchaser is obligated to purchase the entire parcel, but, if its acquisition is for the purpose of relocating a tenant that is currently existing on the Property as of the date of this Amendment, and that tenant has contractually obligated itself to relocate to the property acquired, then it may complete its acquisition through two Phased Closings so long as both Closings occur within the time frame stated above." 3. Section S.d. of the Amended Purchase Agreement is hereby deleted in its entirety and replaced with the following: 2723:85687.1 2 "S.d. Purchaser may elect to purchase Parcel 4 up to five (5) years after the Initial Purchase. Purchaser is obligated to purchase the entire parcel, but may complete its acquisition through two Phased Closings so long as (i) both Closings occur within the time frame stated above and (ii) the first such Phased Closing includes the portion of Parcel 4 that includes the storm water detention areas within such Parcel 4." 4. Section S.e. of the Amended Purchase Agreement is hereby deleted in its entirety and replaced with the following: "If Purchaser elects to have one or more Phased Closings, then the Purchase Price for any of all of Parcels 2, 3 and 4 or any portion of such Parcels shall be converted to a price per acre and Purchaser shall pay, at the Initial Purchase and any subsequent Phased Closing(s), the portion of the Purchase Price attributable on a per acre basis to the acreage of the total Property. In calculating the Purchase Price for any Phased Closing(s), any property within the boundaries of Parcels 2, 3 and 4 which may have been transferred to the Chippenham Place Community Development Authority for the purpose of public infrastructure improvements shall be included in the calculation of the acreage that the Purchaser is purchasing. For any Phased Closing, the portion of the Purchase Price attributable to such Parcel, will continue to increase at the interest rate described in Paragraph 3 until the Closing date of the applicable Phased Closing." 2723:85687.1 3 5. Section 7.b.iii of the Amended Purchase Agreement is hereby deleted in its entirety and replaced with the following: "(iii) If only the Initial Bonds are issued in connection with the Initial Purchase, then as a further condition to a Phased Closing that upon completion would result in either (A) the Purchaser having acquired a total of more than 5 acres within Parcel 2 or a total of more than 5 acres within Parcel 3, or (B) the "Acceptable Underwriter" (as defined below) determining that all of the property previously acquired by Developer in Parcels 2, 3 or 4 together with the property to be acquired in accordance with the applicable Phased Closing, as developed or proposed to be developed, would generate sufficient incremental ad valorem and sales tax revenue to adequately underwrite the "Subsequent Bonds" (as defined below), an underwriter acceptable to the County and the CDA (the "Acceptable Underwriter") shall have entered into a purchase agreement for the remainder of the Bonds (the "Subsequent Bonds"), except that failure to have the Phased Closings by the time frames established in Sections Sb., c., and d., shall constitute a default of this Agreement by the Purchaser. Upon the sale of the Subsequent Bonds, the net proceeds of such sale (after payment of all costs of insurance, including underwriting fees, bond counsel fees and required reserves) shall be used to reimburse the Initial Purchase Proceeds, plus the cost of funds thereon (to the extent that the cost of funds is consistent with commercially reasonable costs of funds available to governmental entities)." 2723:85687.1 4 6. Except as expressly amended herein, the provisions of the Amended Purchase Agreement are hereby ratified and reconfirmed and shall remain in full force and effect in all respects. 7. This Third Amendment shall be construed and governed by the applicable laws of the Commonwealth of Virginia except for its conflicts of laws principles. Any dispute arising out of or relating to this Third Amendment shall be brought in the Chesterfield County courts and no other. [SIGNATURE PAGE FOLLOWS] 2723:85687.1 5 STONEBRIDGE REALTY HOLDINGS, LLC, a limited liability company Approved as to form: Assistant County Attorney By: Crosland Stonebridge, LLC, its manager By: Name: Title: COUNTY OF CHESTERFIELD, VIRGINIA By: Name: Title: ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD By: Name: Title: 2723:85687.1 ADVERTISING AFFIDAVIT Client Description Ad Size Cost (per issue) Chesterfield County Board of Supervisors NOTKE OF CNtDINAi~ REVISING A ~.~ . DBYBI.ENT AUTHORITY RE~A,RDW~ THE FINANCING OF C~RIXIN INFRASTRUCTURE Notice is hereby given of the intention of the ~OStd otF-.Supervisors of Chesterfield County, Virgla~t.(the Board") to consider at BS meetii~ tits beheld on June 15, 2011, an ordinanae entitled 'ORDINANCE REVISING- A SPECIAL ASSESSMENT FOR 'I'FiE. ~FiIPPENHAM PLACE C~~'. DEVELOPMENT REGARDING '1~iB FINAt~CIl`1G OP CERTAIN INFRAST'RUC~URE° The proposed asdWnct ~'>tevise a special assessment (~ ) to secure bonds, to be is~ed by the Chippenham Place development Authority (the Cy~~a~ • ie the maximum principal aaeoae~ loot to Exceed 517,250.000. The -, wifl be distributed - arhong rpj wRhin the Quppenham Place Development Authority 'District"). The Purpose ~~ t ia.to-5nance certain infraaf~ituFC ..improvements benefiting property within the District, The District, which was created by ordinance enacted on June 25,-2008, consists of the following tax map Parcels: 764-705-8227-00000,- 764- 706-8861-00001, 765-706-4170-00000, 765-706-1010-00001, 764-706-3159- 00001, 764-707-6112-00001, 765-705- 5781-00000, 765-705-4651-00000, 'f65- 705-7651-00000,- 765-705-7962-OA000, 765-706-8068-00000, 765-707-6600- 000t10, 765-706-8842-00000; 765-706- 6%4-(10000, 764-706 3159-00002, 764- 705-6668-00000, 764-705-3864-00000, 764-7tid-8861-00002, '"765-706-1010. Nuns. 764-70y-f113-00002, ate 763-704- ~ 2693-00000. The "paz'cel numbers~ea arc t0.e paroei aitmbers as of June 25, SON. >~ pmpe~y oM,neirs pursuant b a Rate and l~teil~od ~' Apportionment of Special Aaantaaib . P~~ by Mural? Inc. ~alticAl4as bem r4viaed to re&ct a fist went Plan Luxe tbe,tma of tbs aadt~ store' The Pro asdhasae to eater into oriky ~ . - ~r ~~'LLC, lire cwntract and -of land in the ct. which ~ptw~ the aa~unent and the issuatrce of dx tls eky0.n~e ~s bonds to f Sance cergin ~:improvemema, it has been revised to falls advantage of the recent change is Virghiia Code §58.1-3%52. LN:ChippenhamPl 6-1, 8 1/SP - 2.6 in. $554.03 The Observer, Inc. Publisher of CHESTERFIELD OBSERVER This is to certify that the attached legal notice was published by Chesterfield Observer in the county of Chesterfield, state of Virginia, on the following date(s): 6/1/2011 & 6/8/2011 My commission expires: February 29, 2012 Commission I.D. 7182093 (SEAL) '~YlEA~ j••.S''.s, :~'t° ~, .~, = .~ EXPIRES Qi ~. s 4 ' ~ 62-Z9't2 ~ '': '~ : 93 " =71b2~ ; •$ ~4: ~`' ., ,~ ,, ~,. A BILL. PLEASE PAY FROM INVOICE. THANK YOU. P.O. Boz 161.6, Midlothian, Vuginia 23l l3 • Phone: (804) 545-7500 • Fax: (804) 744-3269 • Email: news@chester&eldobservercom • Internet: www.chesterfieldobserver.com Sworn to and subscribed before me this `fit n day of pthe~ of Unding~ of and of thdRate and Method of Apportionment of Spedal Assessments is osi file in the offsce of the County Administrator located at 9901 Lai Road, Clxsterfield Vuginia,. where & ssxy bt vkwed during regular busisws 5oasa The Board of Supervisors rri~bs leeid aY 6:30 p.m. on June 1S, 2@h le tie FuWic Meeting Room ~ ~ qty ~;nisttntion Building, IOOOI Iron Bridge Road Chesterfield, Anyotx needing assistance or accommodation under the provisions of the Americans with Disah#lities Ad should calf the Clerk to the Boatel of Supervisors Offsce at (804) 748-1200. CHESTERFIELD COUNTY ,~ BOARD OF SUPERVISORS Pa e 1 of 2 ~ AGENDA Meeting Date: June 15, 2011 Item Number: 17.B. Subject: Public Hearing Date to Consider the FY2012 Secondary Road Improvement Budget County Administrator's Comments: County Administrator: Board Action Rec Hold a public hearing to consider the Virginia Department of Transportation (VDOT) FY2012 Secondary Road Improvement Budget for Chesterfield County. Summary of Information: VDOT has requested the county to approve their proposed FY2012 Secondary Road Improvement Budget. The budget identifies the specific secondary road improvement allocations for the fiscal year. Each year, VDOT asks the Board of Supervisors to approve the upcoming budget so that it will be in place at the beginning of the fiscal year on July 1. In order to meet VDOT's request, the Board is requested to act on this item at the June 15, 2011 meeting. The FY2012 budget represents the implementation of the second year of the Secondary Road Six-Year Improvement Plan adopted by the Board in June 2010. VDOT estimates $1,170,647 will be available for secondary road improvements in FY2012. This is an increase of $123,253 from the previous budget, but (Continued on next page) Preparer: R.J.McCracken Preparer: Allan M. Carmod Title: Director of Transportation Attachments: ^ Yes Title: Director of Budget & Management ^ x° #000166 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Summary of Information: continued still significantly lower than the approximate $9 million allocated in FY2000. Funding for FY2012 has been programmed to the following projects (see Attachment A): Spring Run Road (Norwood Pond Lane to Spring Run Creek) Curve Improvement, Courthouse Road at Route 360 Right Turn Lane Improvement and Newby's Bridge Road (Falling Creek to Sussex Court) Curve Improvement. VDOT will draft a revised FY2013-FY2018 Secondary Road Six-Year Improvement Plan for the Board's consideration next year. Secondary road improvement funding is 100 percent VDOT allocation and, therefore, no county funds are involved and the projects are not recorded in the county financial system. Recommendation: Staff recommends the Board adopt the attached resolution approving VDOT's proposed FY2012 Secondary Road Improvement Budget as presented. District: Countywide 00016' WHEREAS, the Virginia Department of Transportation (VDOT) has submitted its proposed FY2012 Secondary Road Improvement Budget to the county; and WHEREAS, the FY2012 budget represents the implementation of the second year of VDOT's Six-Year Improvement Plan adopted by the Board in June 2010. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors approves the FY2012 Secondary Road Improvement Budget as presented by VDOT. 000168 Q 0 N~N LJ~ Q Z ~~W/~ v/ N N a. N0~/ LL I..L 'W V m Z W W O C~ G Z 4! O N I` O Q ~ n ~ U t~! N O> O O ~ ~ ~ ti J IA 00 N r J ~ ~ ~ Q H N T N CI I` fA N M N ~ C'f to a!9 ~ ~!! M 1~J ~ rO0_0 O iOR iA iR Z o W j ~~ X ~ W +. QI ~ O OeFO r OD O O- ~t9 O W r O O Q ~fOAH F N w z 0 ~ N M tG Z r r r O N N N U ~ ~ ~ ~ C C C Q ai N to N N d m 0 a E ~'~~ J O 7 ` V ~ = H > U ~" ` fn Ri Q, C1 O ~ d' ~ .~. Y O d L V ~ Y d 01 ` C V L a a~ V1 O C +~+ tO iv C ~ ~ J ~ O ~ y a~ R +~ d = x ~d N 0 ? N G 7 W O O 'C Ztr f!1 ~' ~ ~ ~ ~~ ~~m U W 7 d N V Z Q Z CW TC i U `Q r Q 0001,69 ADVERTISING AFFIDAVIT Client Description Ad Size Cost (per issue) Chesterfield County LN:SecondaryRd 6-l, 8 Board of Supervisors CHESTERFIELD OBSERVER The Observer, Inc. Publisher of rtarx Tate tial3oa thrt ore Doaad d Sypanisors of''GipNeSeM CawtA ~ at an ettt of on x. may appear "and to consider. The VugiNa ~of ssudgetp ~Chest~fi~ela county. Interested dozens map present its s ~. The budget is avaiktble N the.C~~c ty Ttaaspard~gi- . -Depat#mmt located in-- the Chest~idd .county comm»iey Devrlopl~nt at 98110' Governaunt Center iaybm~'. or call 798-1.037, between the hotus of 8;30 a.m. to 5:00 pm: VDOT ensures nondiscrimination in all programs and activities in accordance with Title VI of the Civil Rights Act of 1964. The hearing is held at a public facility d~estt'ggnned to be accessible to persons with disabilities. Any persons with questions on the accewtbility of the facility or need for .reasonable accommodations should contact Janice Blakley, Clerk to the Board, at 798-1200. Piesoes needing ia9erpreter services for the deaf notify the Clerk to the Board m hwiet thin Friday, June 10, 2011. This is to certify that the attached legal notice was published by Chesterfield Observer in the county of Chesterfield, state of Virginia, on the following date(s): 6/1/2011 & 6/8/2011 1/lOp - 1.3 in. $279.23 2011. ~~ day of f s T, Grooms Jr., Notary Public My commission expires: February 29, 2012 Commission I.D. 7182093 (SEAL) ``,~,,~s~unriNb~~~~ .~` Cs B 0 p ~~. 4iy .o~ylEA( j.'~~s "may :~ 4 ~ : o EXti~S ° •: 70 s 1 s 4 ; cs ®g-~9'~ _ ~ ' t71~2~! - >~ ' •• L ~;•V: ~., ~, •. /R 61w • ti~ ~. .• THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU. P.O. Box 1616, Midlothian, Virginia 231 l3 • Phone: (804) 54S-7SW • Fax: (804) 744-3269 • Email: news@chesterfieldobservercom • Internet: www.chesterfieldobservetcom Sworn to and subscribed before me this -~~~ CHESTERFIELD COUNTY _ BOARD OF SUPERVISORS Page 1 of 1 „~ ~ AGENDA Meeting Date: June 15, 2011 Item Number: 17.C. Subiect: PUBLIC HEARING: Consider the Exercise of Eminent Domain for the Acquisition of Sixteen-Foot and Variable Width Permanent Water and Ten-Foot and Variable Width Temporary Construction Easements for the Hopkins Road Water Line Replacement Project from Centralia Road to Route 288 County Administrator's Comments: County Administrator: n Authorize the County Attorney to proceed with eminent domain for the acquisition of 16' and variable width permanent water and 10' and variable width temporary construction easements for the Hopkins Road Water Line Replacement Project from Centralia Road to Route 288 and authorization to enter and take such easements prior to eminent domain proceedings. Summary of Information: Staff has been negotiating for acquisition of 16' and variable width permanent and 10' and variable width temporary construction easements for the Hopkins Road Water Line Replacement Project from Centralia Road to Route 288. The following offers have been made for the easements needed: 4626 Centralia Road and 10111 Hopkins Road, Mark C. Willis, Jr. and Frances A. Willis, $5,350.00; 9536 Hopkins Road, Albert J. Nunnally, III and Kimberly W. Nunnally, $1,675.00. The Willises have not accepted their offer. The Nunnallys have not responded to any of the staff's attempts to establish contact. Out of a total of 10 easements required for this project, these two are the only ones that remain to be acquired. The contract for construction of the project is scheduled to be awarded at this meeting. It is necessary to proceed with condemnation for the health and safety of the public. Approval is recommended. District: Dale Preparers John W. Harmon Title: Real Property Manager Attachments: ^ Yes ~ No # 0401'70 VICINITY SKETCH PUBLIC HEARING: Consider the Exercise of Eminent Domain for the Acquisition of Sixteen Foot and Variable Width Permanent Water and Ten Foot and Variable Width Temporary Construction Easements for the Hopkins Road Water Line Replacement Project from Centralia Road to Route 288 R v ~~ ~~ ~ ~ ~ G~ p ~ v~ J~~ ~ v~ ~ ~ Q~/~ V~ v Albert J. Nunnally, III Gj Kimberly W. Nunnally 9536 Hopkins Road W GURNEY GURNEY CT CT ~p J O~,p CAN ON RD 20 ~ v`gTA ~O J ~pGE 00 O LN ~ Q~ VN 0 ~ c~ 00~ OG~~SSR p o ~,r PR OLD LN ~T ~ DARLENE ST VESTRY RD JAYMON DR Mark C. Willis, Jr. Frances A. Willis ~ •~ NBROO 4626 Centralia Road 0 ~, K LN 10111 Hopkins Road NCH ~o N ?~ Z CT O O CENTRALIA RD N Cheaterfleld County Right of Way OfRoe W E May 25, 20i 1 S 5 avi - s3a.oa feel 0001'7. n W ~~~ Z ~6 . . ~. ~~ .~ ~~. d3~ ~~L ~~ ~~m~6 ~~o ~M . ~.~... ~~~ ~~ 1~ d ~~~~ ~~ sod . ~ ~ ~~ ~~ . n ~~.. ~ Y $ 0 ~' ~ 5 ~. 4 a m ~~~ ~o~ ~_ ~ -~~ . ~~ ~~I ~~ . ~ e ~~~i ~~I ~ ~~ ~i ~ ~~~i.~~~i ~i ~~pp_ W ~ 3 U ~~ N~oB~'~tn ~;~Q~`s a ~~~ '~ Y ~d ~ ~ ~~ ~. ~~~ w~. ~ ~~~ ~~~ ~~~ I ~G A $ ~ ~Y ~ $ ~ ^ S $ A ~~`~ ~ g ~h!'[0~ ~ ~~ o~ =R 3 a ~~ ~~ 3 ~~ ~~ 4~aa °waK~a CYIf 3N0lI OYOtl 1R717llN3~ NOTES: 1. LOCATION OF EASEMENTS AND PLAN INFORMATION SHOWN HEREON WERE TAKEN FROM APPROVED LAYOUT PLANS BY URS CORP. DATED JULY 2010. 2. THIS PLAT DOES NOT REPRESENT OR IS INTENDED TO BE USED AS A BOUNDARY SURVEY. VIRGINIA STATE PUWE COORDINATE SYSTEM SOUTH ZONE - NAD 83 - US SURVEY FOOT S F HOPKINS ROAD -ROUTE X637 ' AND VARIABLE WIDTH R. .W (~D.B. 5850 P. 429 - PLATg ) 450.6' TO APPROXIMATE C/L CENTfiAIJA ROAD Pin w EXISTING R/W ~ N 3664447.50 m N MARK C. WIWS, JR. w !k FRANCES a WIWS ~ PARCEL A X785664222900000 w D.B. 5850 P. 425 4626 CENTRALIA ROAD w =.' • ; :49.98' a . ~ •dQ•QR' ~ . - 10' TEMPORARY CONSTRUCTION EASEMENT PROPERTY OF MARK C. WIWS ,JR. do FRANCES a wlWs PARCEL B X785664495100000 D.B. 5850 P. 425 10111 HOPKINS ROAD _ J6' PUBUC WA7ER EASFJ-IENT Pin(F) N 3664497.48 E 1J785iJ3.6f m COUNTY OF N CHESTERFIELD, va w PARCEL X785664155500000 ~ D.B. 513 P. 493 -~ 10105 HOPKINS g ROAD -INDICATES J 6' PUBUC WATER FASEMEM AREA: 800 SQ.Ff. OR O.OiB AC. lNDfCATES TEMPORARY CONSTRUCTION EASEMENT AREA: 500 SQ.Ff. OR 0.012 AC: 0 30 60 90 FEET GRAPHIC SCALE: 1 " 30' REVISIONS DATE DESCRfPTfON 7/18/08 16' WATER EASEMENT, 10' TEMP. CONST. EASEMENT 8/05/08 REVISED PER COUNTY COMMENTS 8 02 10 REVISED PER NEW PANS DATED JULY 2010 Hayden Frye and Associates, Inc. Land~Surveyors 333 KELI.AM ROAD, SI]I'l13 200 VIRGINIA BEACH, VA., 23462 PH: (75?) 491-'7728 FX:(13r7 491-7229 PLAT SHOWING 16' PUBLiC WATER EASEMENT AND 10' TEMPORARY CONSTRUCTION EASEMENT ACROSS PROPERTY OF MARK C. WILLIS, JR. & FRANCES A. WILLIS P.I.N. 785664495100000 FOR HOPKINS ROAD WATER LINE REPLACEMENT (PROJECT N0. 07-0342) DALE DISTRICT CHESTERFIELD COUNTY, VIRGINIA AUGUST 2. 2010 61`7: 0 ~. ~ N Z~ s ~, I 0 U M w I' 1~-- w 'n N 5 ~ z - - s~ ~. ~~ <I a ~I ~~~ ~o s'ol ~ h ~ N h ~ ~) ? ~d l I INIA .. . 4'~ ~ ~ - ~ C~ ..I< ° ~ ° w z. ~ ? ~o a1 ~ .Z mZo~ZO o w M S5 , ,~ i' Q, pp y~ - ~ ~ =W~Z~CO ¢WI~VFN ~ ~ ~ ~ ~..~z`~ ~ . d ~ O W Z Z~, _ ~.QNQO~ co~. W Z J O ~ 3 Od'Z ~wp~!7o~0 CJ z V O a . (n 3 O. c W 0 0 WQN Q ~ ~ . ~ ~ ^ J W p. m F- ~ w ~ ova ~ ~ I1I0~ ~ ~ ~ JQ Oo ¢3¢wX~ NtY~ w- Z v N ~ w. 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O U M = a ~. a~ o w O d ¢. o z w a z ' ~ o W m ~ Q z Q O ~ ~ w w _ ~ ~ . z 3 w m 0 OF N ~ Z 0 0 ~o Z. N ? O w r z~ ' to z~ p aw ~- z z ~O W w a a ~ ~ a N o w ~ B w w~ z cn ~ _ m O a- oN ° g z ~ s ~ r=a a a = U~ W DO N H n ~O 'r Z r-~ - cV o g ~~~~~ .1 ADVERTISING AFFIDAVIT Client Description Ad Size Cost (per issue) Cheste~eld County LN:Hopkins Rd 6-8 Right of Way /20P + .67 in. $220.70 The Observer, Inc. 'p+x~ rtcrrrtcae Publisher of CHESTERFIELD OBSERVER 'ihu oa ewe 15, 2!-i I, ~ t3s30 µ-. w as ~nary'6e1~RdwlDoad 1~aeetingiioogt d .~6~dd C~wr~y d.emenb app the i?I1d: taoeo~ ~' Rtrrd, ~}: ~E5664445100666, .lOIll 9~.~ Read: PtPI: 78566G4i1f01~p, VVates~k~ Road for the Fieptlm Rwd and ~ be avteataed bf a~ s~ bcetieen ~e his eE>l;90!a:m. and ~~~ ~ t on the aoo for reswnabie ~ thadeGd onntact Ja~oe. 8. Uaii to the Board, tit 7~1{-1200. P+e1'aa1~ arrreices for the dnltart na ~~a etae Bea no taler ets.n >~ lo.2ou. This is to certify that the attached legal notice was published by Chesterfield Observer in the county of Chesterfield, state of Virginia, on the following date(s): 618/2011 Sworn to and subscribed before me this `7/ ~ day of 2011. I T, Grooms Jr., N Public My commission expires: February 29, 2012 Commission [.D. 7182093 f~ECf~IVI=D JUN 1 42011 Ci f i .ti l i .i: i! f _I_D COl"\ I~Y (SEAL) a' . ~ f XPtAES v.: ~ i ~ 82-4!-123 ate2o9 ~ . P: v. THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU. P.O. Hox 1616. Midlothian. Yuginia 23113 • Phcme: (8(}11545-75(10 • Fax: (804) 744-3269 • Email: rnw~q chestertieldubscrveccom • Intemrt. www.chestertieldobxervecami CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA ~, Meeting Date: June 15, 2011 Item Number: 20. Subject: Adjournment and Notice of Next Scheduled Meeting of the Board of Supervisors County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Motion of adjournment and notice of the Board of Supervisors meeting to be held on July 27, 2011, at 3:00 p.m. in the Public Meeting Room. Preparers Janice Blaklev Attachments: ^ Yes Title: Clerk to the Board ^ No # oaa~.75