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2012-02-22 PacketCHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA ,a, Meeting Date: February 22, 2012 Item Number: 2.A. Subject: County Administrator's Report County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: The County Administrator will update the Board on the progress of various projects as requested by the Board of Supervisors. 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. ARWA Reservoir Project 3. Community Risk Analysis/Emergency Service Coverage 4. Countywide Comprehensive Plan/Public Facilities Plan 5. Eastern Midlothian Re-development - Chippenham Square - Spring Rock - Stonebridge (future phases) - Streetscaping (future phases) 6. GRTC Service 7. Irrigation PolicieslDemand Management for Water Use 8. Jefferson Davis Streetscape Project - (next phase) 9. Recycling Committee Recommendations 10. Private Sewer Treatment Facility 11. Sports Quest 12. Total Maximum Daily Load (TMDL) Presentation to Board 13. Ukrops Kicker Complex/GRAP Swimming Pool -Stratton Property -Pool Opening March 2012 14. Utilities Policies and Managed Growth II. Ongoing Proiects/Activities 1. 2011 Legislative Program -adopted 11/30/2011 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 11. Financial/Budget Issues 12. Five Story/Three Story Building Renovations 13. Fort Lee Expansion 14. Joint Meetings of Board of Supervisors/School Board 15. Magnolia Green CDA 16. RMA Work Group 17. RRPDC -Large Jurisdiction Committee 18. RRPDC -Transportation Strategies Work Group (work on hold) ~~00~~ Updated 1/31/2012 County Administrator's Top 40's List 19. Sports Tourism Plan Implementation 20. UASI (Regional) III. Comaleted 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. Census 2010/Redistricting - 6/2011 8. Chesterfield Avenue Enhancements Phase 1 - 5/2011 9. Citizen GIS - S/2010 10. Citizen Satisfaction Survey -12/2008 11. Citizen Satisfaction Survey - 12/2010 12. COPS Grants 13. DCR Erosion & Sediment Control Program - 3/11/11 14. Eastern Midlothian Re-development - Stonebridge (Phase 1) -Groundbreaking 10/25/11 - Streetscaping (Phase 1) - 12/2011 15. Efficiency Studies -Fire Department and Fleet Management - 6/2008 16. Efficiency Study -Quality/Chesterfield University Consolidation - 7/2009 17. Electronic Message Centers - 9/2011 18. Electronic Signs -1/2010 19. Board's Emergency Notification Process 20. Employee Health Benefits -Contract Rebid - 8/2011 21. 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 22. 457 Deferred Comp Plan (Approved) 23. Hydrilla Issue 24. Hosting of Hopewell Website 25. Impact Fees for Roads - 9/2008 26. In Focus Implementation - Phase I - 8/2008 27. In-Focus Implementation -Phase II (Payroll/HR) -12/2009 28. Insurance Service Upgrade (ISO) for Fire Department - 9/2009 29. Jefferson Davis Streetscape Project - S/2010 30. Leadership Exchange Visits with City of Richmond 31. 2011 Legislative Program - 3/2011 32. Low Impact Development Standards 33. Mass Grading Ordinance (canceled) 0~00~3 34. Meadowdale Library -11/2008 35. Meadowville Interchange -Ribbon Cutting 12/15/2011 2 Updated 1/31/2012 County Administrator's Top 40's List 36. Midlothian Turnpike/Courthouse Road Streetscape Improvements (Towne Center) 37. Minor League Baseball (new team) - 2/2010 38. Multi-Cultural Commission (Quarterly Reports due to Board) -11/2008 39. Planning Fee Structure (General Increases) - 6/2009 40. Planning Fee Structure (Reductions for In-Home Businesses) -1/2009 41. Planning Fees (Holiday for Commercial Projects) - 8/2009 42. Police Chase Policy (Regional) - 5/2010 43. Postal Zip Codes -Changes approved 4/2011, LISPS date of implementation 6/2011 44. Potential Legislation -Impact Fees/Cash Proffers -1/2009 45. Property Maintenance -Proactive Zoning Code Enforcement (countywide) - 2/2009 46. Property Maintenance -Rental Inspection Program 47. Public Safety Pay Plans Implemented (Phase I) - 9/2008 48. Redistricting 2011 Calendar/Process Report 49. Regional Workforce Investment Initiative 50. Results of Operations -11/19/2010 and 11/2011 51. Sign Ordinance 52. Southwest Corridor Water Line - Phase I - 7/2008 53. Sports Tourism Plan -1/2010 54. Sports Tourism Program with Metropolitan Richmond Sports Backers - 8/2009 55. Streetlight Policy -12/1/10 56. Ukrops Kicker Complex -soccer fields -Opened 8/2009 57. Upper Swift Creek Plan (Adopted) - 6/2008 58. Upper Swift Creek Water Quality Ordinances 59. VDOT Subdivision Street Acceptance Requirements - 7/2009 60. VRS Benefits for New Employees - 7/2010 61. Walk Through Building Permit Process -10/2009 62. Water Issues/Restrictions 63. Website Redesign - 6/2009 64. Wind Energy Systems - 3/10/2010 65. Wireless Internet Access in County Facilities - 9/2008 66. Watkins Centre 67. Woolridge Road Reservoir Crossing Project - 5/2010 ~~~~©~ Updated 1/31/2012 CHESTERFIELD COUNTY _ BOARD OF SUPERVISORS Page 1 of 1 ~, AGENDA Meeting Date: February 22, 2012 Item Number: S.A. Subject: Resolution Recognizing Ms. Valerie A. Gurr, Utilities Department, Upon Her Retirement County Administrator's Comments: County Administrator: Board Action Requested: Staff requests the Board adopt the attached resolution. Summary of Information: Ms. Valerie A. Gurr will retire from the Utilities Department on February 29, 2012, after 30 years of service. Preparers William O. Wright Title: Assistant Director, Utilities Department Attachments: ^ Yes ~ No #OOOOpS RECOGNIZING MS. VALERIE A. GURR UPON HER RETIREMENT WHEREAS, Ms. Valerie A. Gurr will retire from Chesterfield County Utilities Department on February 29, 2012; and WHEREAS, in 1981, Ms. Gurr began her public service with Chesterfield County working as a meter reader; and WHEREAS, Ms. Gurr received several promotions while working for the Utilities Department, serving as a Drafting Technician, Senior Drafting and Design Technician, Engineering Assistant and finally faithfully serving as a GIS Specialist since 2002 until her retirement; and WHEREAS, Ms. Gurr contributed greatly to the adaption and transformation of utility mapping from the use of pen and ink on Mylar to its current technology through learning and applying computer aided drafting programs; and WHEREAS, throughout her employment with the county, Ms. Gurr provided personal and hands-on training to many of her co-workers in the use of computer aided drafting software; and WHEREAS, Ms. Gurr spent countless hours researching and preparing plats, sketches and plans for in-house county-designed projects for water and wastewater extensions; and WHEREAS, on numerous occasions throughout the years, Ms. Gurr made exceptional contributions in the area of graphic design by creating distinguishing and eye-catching displays, posters, and brochures for use by the Utilities Department and other county departments as well; and WHEREAS, in 1995, Ms. Gurr was recognized by her peers for her team work and professional contributions to the preparation and creation of the materials used for a presentation made to the U.S. Senate Productivity Awards Committee; and WHEREAS, in 1998, Ms. Gurr contributed graphic design elements to the "How To Locate and Stop Costly Leaks" brochure, which won recognition with an APEX Award of Excellence in the Special Purpose Brochures category from over 4500 entries; and WHEREAS, Ms. Gurr has been repeatedly tasked with creating retirement posters, health fair posters, AWWA event posters, mock check enlargements, and foam board displays of all kinds; and WHEREAS, Ms. Gurr focused on and provided world-class customer service, consistently meeting or exceeding expectations by assuring that all customers' needs and expectations were met in an expeditious, courteous and effective manner; and O~~d~~ WHEREAS, Ms. Gurr was highly respected and liked by her peers and co- workers, and she developed many excellent working relationships with both internal and external customers; and WHEREAS, Ms. Gurr's good spirited personality made her a friend to all levels within the Utilities Department, as well as other county departments; and WHEREAS, Ms. Gurr's sense of humor enabled her to lighten the mood of many serious and mundane situations; and WHEREAS, throughout her career with Chesterfield County, Ms. Gurr displayed unparalleled dependability, aptitude, good character and values. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 22nd day of February 2012, publicly recognizes Ms. Valerie A. Gurr and extends on behalf of its members and the citizens of Chesterfield County, appreciation for more than 30 years of exceptional service to the county. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Ms. Gurr and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County. ~~~o~~ l ~1. ~~x- CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: February 22, 2012 Item Number: s.A. Subject: Work Session on Proposed FY2013 Projected Revenues County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to hold a work session to review projected revenues for the Proposed FY2013 Budget. Summary of Information: Staff will review revenues for the Proposed FY2013 Budget, presenting information on the economic conditions and the impact on revenues. The County Administrator's overall proposed budget will be presented on March 5th. Work sessions on the proposed budget will take place over the next five weeks. A copy of the revenue presentation is attached. Preparers Allan M. Carmody Title: Director, Budget and Management Attachments: ^ Yes ^ No # 00008 -~ ~~~~~~ Business Payroll Home Cycle Employment Prices Jan-80/Jul-80 -1.1% 4.4% .~ \ Jr~-s~/Nov-a2 -3.1% 2.9% J~-so/Maz-s1 -1.1 % 0.5% Maz-O1/Nov-O1 -1.2% 4.5% _ Dec-07/Jun-09 -5.4% -15.6 1l 'Double-dip'fearshave subsided 2l Unemploymentstubborn, but labor markets firming 3l Consumersfaelingmore bullish 4) Coi~sistentgansn manufacturing 5l fo_r-ecasts coalescing around 2.5=3.0%growth Changes in Consumer Credit :ooi :n~ YBO9 :no :m OOOd~.'~ ~~_.. ~ ~~ ~~ __ -~ -~ -~ j-~ ~ ~ ~ . ~_~ • '~- i~ 1~l Commonwealth an employment oasis 2l Virginia home to 3 of_ 10 healt_he t metro areas 0.9 S < S.0 S.O S c 6.5 C 6.3 3 < 7.6 C 7.6 S < a.9 .8.9 5 < 10.5 -10.5 5 5 27.2 ~_ ~0~` 1~ 1~1 Countyseeingbroad=ba_sedgdns loble_ss rate at 3-Hear low 3~) Retail sales on record pace 4l Trauel to the area din sharply ~OOfi~ 1Jl Sh of 2l ~.resultsin sizabl supply_ overhang 3'I_ Furth.ercomulic weak household growth 4l Forecasts expect lengthy ad)'ustinent uerio_d ~d +~1 -_~._- _~ ~~~, 1~1~ ~yc~hmq~d~ina~rN!~t! t~~p~~c a1 ~ J I;ai~s I~ ~,a d;ear Qrsn~ds J ~st~~~~sstsJsa~~s~~w~ a~cq~~nttf'a~~about~2,~0~b,a~f~ t~ot~~JS~IJe~..., 3~l ~,ppwl~ aee~'' atc5~0~°~~~n s~riln~~g~fi J~~J ~~ ~o~ulnt~yafiQranrosur~sdo~w,na ~e~r1~2~0°~a~~n~Y~0~1~11 80A s5.o s0A 15A 1oA 5A OA -5A -l0A -15A -zoA 1001 10!! 2101 2013 2115 :001 Y108 :m 00001: 1llt 11it 1811 1881 lIM 1!!t 1881 f111 t11! i11/ 1111 illl 1111 se n s 50 u 3l 2012 forecast calls fo_r- addtional=3.5% red~iction in residential ual~ies 4~1 Very ..~. =~ -~s-7.~d - ~r - -°- 1) Residential values n,ot only comho_nent of real estate gook 2l Singte=famlypermits un 10.5%in 2011 3l_ Commercial uacanci.es~retreating.; large projects in the_. uineline 4l Personal ro ert ostn solid ain _ _ ~_..~_~_p_~,p..,__Yh1_~.,_J_~,__9___~ 00001 ss :ss~ :ses :sss :en :set :su :ns :sn ~~~~~~~ ~:.:... ., l~rspeetll~nxss 15356.9 1 5354.9 I ~, 5351,1 I ,.. ,. -8.6°~i esa~Estats I $282.6 5211.9 5270.9 -1.196 PersonatPrspe~ I 555.8 556.6 I 551.3 I 1.596 K~Tax~ 596.9 I 599.8 I 5102.5 I 2.9X ~~~ I 541.0 542.1 I 543A I 2.~6 lssat~ecsed~ia I 516.1 511.1 511.5 2.496 < i6 rsrmitsandFess 53,8 I 54.1 I 54.2 I l.9'~ ssrwka e~re~ 530.8 531.6 I 531.6 I 2.696 Nnes, tae st Msasy. sts. I 515.1 I 515.6 I 516.0 I 3.3°~ SMeTOTAI: LOOAL I 5502.1 I $506.0 I 5511A I 0.19f. hats snd ~sdee~ 5134.6 ( 51314 I 5139.1 I 2.196 TOTwI' I $631.3 5643.4 I 5601.1 I 1.096 ~- J ~ ~ ~ ~ ~-Tf~., .7.-` ~ 11 I I ~ 'L"~'~ ~"'7 mow- -- .~ ~ s ~, - ... p~ - 000~~-~ 1l U,S Firmly positive., but modest growth inmost sectors 2) Supported by sound fundamentals 3l National gains amulified locally 4_l Ho_using recoue.ry_ underway, _but far from complete 5l Positive outlook for 2/3 of revenue _base._with prouerty taxes back in blacNfor fY2014 Gl. Overall, outlook remains guarded _'~v~`° 1 1 r _:. ~, ~~~Ma_r-~h 5th; County Administrator's proposed budget and Public Saf_etyfinancial plans n_resented ~:~March nth: _Budget presentations from Human Seruae and Community Deuelo_ument ~~s March 14th: Budgetpresentatonfr-om ManagemenSeruiues _g ~~ March 14th: Pubblc hearing on budget, c-aptal Ulan, tax rates, etF, YlarCll Ltf"'Adoutio.noffinancial Ulan OOOf~g~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS ,~, AGENDA Meeting Date: February 22, 2012 Item Number: 8.A. Subject: Advertisement of Tax Rates for Tax Proposed FY2013-FY2014 Budget, Capital Development Block Grant Program inistrator's Comments: County Administrator: Page 1 of 4 Year 2012 and Advertisement of the Improvement Program, and the Community Board Action Requested: Authorize Advertisement of 2012 Calendar Year Tax Rates, the Proposed FY2013- FY2014 Budget, the Proposed FY2013-FY2017 Capital Improvement Program and the Proposed FY2013 Community Development Block Grant Program public hearings on March 14, 2012 as outlined below. Summary of Information: The Board is requested to establish March 14, 2012 for public hearings on proposed tax rates, the Proposed FY2013-FY2014 Budget, the Proposed FY2013- FY2017 Capital Improvement Program, and the Proposed FY2013 Community Development Block Grant Program. Advertising requirements differ depending on the item. This item requests authorization to advertise the necessary public hearings in accordance with the state code. 1. Proposed Tax Rates: Tax rate assumptions used in formulating the Proposed FY2013 revenue projections are listed below. These are the same tax rates that were adopted for the 2011 tax year, noting the 2011 real estate tax rate of $0.95 per $100 in assessed value. During calendar year 2011, existing residential property values declined 5.3 percent while the total value of commercial properties edged higher 1.4 percent on the heels of consecutive declines in 2009 and 2010. The real estate tax rate to offset the changes in assessed value as allowed by the Code of Virginia (excluding new construction) is $1.00 per $100 in assessed value. Preparers Allan M. Carmody Attachments: ~ Yes Title: Director of Budget & Management ^ No # 0000-1'7 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Summary of Information (continued) Page 2 of 4 The Board must advertise a rate for each tax classification for the 2012 tax year. Advertisement of a specific rate leaves the Board the flexibility to adopt any rate up to, but not higher than the advertised rate. The proposed tax rates to advertise remain the same as last year and are shown below. Real Estate (January, 2012) $0.95 Tangible Personal Property (excluding automobiles and trucks) and Real Estate for Public Service Corporations same as real estate Personal Property $3.60 Personal Property (automobiles and trucks) of Public Service Corporations $3.60 Personal Property Tax for members of Volunteer $0.96 Rescue Squads, Volunteer Fire Departments, Volunteer Police Chaplains, and Auxiliary Police Personal Property Tax for Wild and exotic Animals $0.01 Personal Property Tax for Motor Vehicles that use $3.24 "Clean and Special Fuels" Machinery and Tools $1.00 Personal Property Tax for Motor Vehicles, Trailers, $0.96 And Sem i-Trailers with a gross weight of 10,000 Pounds or more Airplanes $0.50 Personal Property Tax for Specially Equipped Motor Vehicles $0.01 The Code of Virginia requires that public hearings on the budget and on tax rates be held at different times, but can be on the same day. Therefore, public hearings are planned to be advertised for March 14, 2012 as follows: Proposed Tax Rates: 6:40 p.m. Proposed FY2013 Community Development Block Grant Program: 6:50 p.m. 00001 CHESTERFIELD COUNTY BOARD OF SUPERVISORS -- Page 3 of 4 ~~„ Summary of Information (continued) Proposed FY2013-FY2017 Capital Improvement Program: 7:00 p.m. Proposed FY2013-FY2014 Financial Plan: 7:05 p.m. The only other ordinance change that is being considered as part of the County Administrator's FY2013-FY2014 Proposed budget include fees charged for the Utilities Department operations. These ordinance changes will be advertised for 6:30 p.m. 2. Utilities Department Fees. The Utilities Department's analysis of the FY2013 budget, capital replacement projects, and projections over the next ten years indicate that current revenues, without fee increases, will not be sufficient to cover operating expenses. As an enterprise fund fully supported by payments from users, fee increases are necessary to offset costs of capital projects to comply with the nutrient regulations for the Chesapeake Bay, pump station rehabilitation, new and replacement water tanks, new and replacement water lines, the county's contractual share of Richmond water plant projects, as well as maintaining the integrity of the county's water and wastewater facilities. The proposed fee increases are also due in part to smaller growth rates in demand for water/wastewater services as well as new connections. The FY2013 Utilities total budget is proposed to increase 2 percent above the FY2012 adopted level. Additional revenues are required to meet the projected longer term operating and capital costs and are discussed below. Utility User Fees. The proposed charges for a typical 5/8" residential size meter having an 18 CCF combined water and wastewater bi-monthly bill will increase by approximately $4.28 ($2.14 monthly). The increase is comprised of changes in both the commodity and base charges for water and the commodity charge for wastewater. The water commodity charge is proposed to increase by $0.10 per one hundred cubic feet (CCF) and the wastewater commodity charge is proposed to increase by $0.12 per CCF, while CCF sales are expected to decrease by 4 percent. The commodity charge increases are anticipated to generate an additional $1.4 million in revenues. The water bi-monthly base charges for a typical 5/8" residential size meter is proposed to increase by $0.32 and is anticipated to generate an additional $275,000. These increases are needed to cover the projected cost of rendering water and wastewater utility services and funding capital replacement projects and will increase a typical bi-monthly bill to $99.04. The base charges for larger meters increases proportionately based on meter size. 000~-1~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS -- Page 4 of 4 1'M9 Summary of Information (continued) Utility Wastewater Connection Fee. In addition, the department's analysis of costs for expansion projects and projections over the next ten years reflect the need to adjust the wastewater capital cost recovery charge portion of connection fees to cover capital costs. The capital cost recovery charge fee for a 5/8" residential size meter are proposed to increase the wastewater connection fee from $3,730 to $4,025 (generating an additional $440,000). The water capital cost recovery charge for FY2013 will remain at the FY2012 amount of $4,795 for a 5/8" residential size meter. The capital cost recovery charge fees for larger meters will increase proportionately based on meter size. Utility Strong Waste Recovery Charges. As part of the Strong Waste Cost Recovery Program, the Department is proposing a surcharge rate for Total Nitrogen and Total Phosphorus used to recover the cost to remove these nutrients at our wastewater treatment plants. Similar to the current Strong Waste Recovery Rate for Biochemical Oxygen Demand (BOD) and Total Suspended Solids (TSS), these nutrient surcharge rates will impact industrial customers who discharge significant concentrations of nitrogen and/or phosphorus to the public wastewater collection system. The surcharge is proposed in response to nutrient regulations established by Department of Environmental Quality, which limits the quantity of Total Phosphorus and Total Nitrogen that Chesterfield County's treatment plants can discharge into the receiving waters. The proposed surcharge rate of $1.64 per pound of Total Nitrogen (TN) will be applied to strong waste with TN concentrations greater than 40 mg/L and a surcharge rate of $5.07 per pound of Total Phosphorus (TP) will be applied to strong waste with TP concentrations above 8 mg/L. Even after the proposed rate increases (assuming a typical bill for combined services), the County's rates will still be significantly less than surrounding jurisdictions. 0~~~~~ ~~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: February 22, 2012 Item Number: 8.8.1. Subject: Appointment of Members to the Chesterfield Commission County Administrator's Comments: County Administrator: Boa County Multicultural Advisory Consider appointment of members to the Chesterfield County Multicultural Advisory Commission. Summary of Information: At the January 23, 2008 Board of Supervisors meeting, an at large Multi-Cultural Advisory Commission was created. This Commission is to advise the Board of Supervisors and the County Administrator on issues related to the diverse cultural communities that comprise Chesterfield County. The Commission hosted the first World Cafe on August 18, 2011 and provided an annual report to the Board on December 15, 2011. Staff will evaluate recommendations from this report and respond to the Commission and the Board. The Chesterfield Multicultural Advisory Commission now has four vacancies on the twelve member commission. The request is for the Board of Supervisors to fill those vacancies for a two-year appointment effective February 22, 2012. The County recently received 14 applications from persons interested in serving on the Multicultural Advisory Commission for the current vacancies. The Commission, at its February 9, 2012 meeting recommended that the following four Chesterfield County residents be appointed to the Chesterfield County Multicultural Advisory Commission: Mr. Victor Branch, Mr. Minesh Patel, Mr. Millard D. Stith, and Mr. Ben A. Romer. Preparers Kimberly D. Conley Title: Special Assistant for Board and Community Affairs Attachments: ^ Yes ^ No #00002°? CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA 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. 000022 CHESTERFIELD COUNTY BOARD OF SUPERVISORS ,,,, AGENDA Page 1 of 1 Meeting Date: February 22, 2012 Item Number: 8.C.1. Subject: Memorandum of Understanding Between Chesterfield County and Southern Virginia Internet Crimes Against Children (ICAC) County Administrator's Comments: County Administrator: Board Action Requested: Approval of the attached Memorandum of Understanding to be entered into by Chesterfield County and Southern Virginia ICAC, which allows members of the Chesterfield County Police Department to join the Southern Virginia ICAO, to further investigations and receive training, and authorize the Chief of Police to execute the Memorandum of Understanding on behalf of the County. Summary of Information: Effective enforcement of the laws relating to Internet Crimes against children often crosses jurisdictional lines and requires close cooperation and coordination between various localities. Accordingly, the Southern Virginia ICAO and the Chesterfield County Police Department seek to enter into a Memorandum of Understanding which allows certain sworn police officers with Chesterfield County to receive training and work cooperatively in the investigation of such crimes which either originate or culminate in any member jurisdiction. Training funds will be provided by Southern Virginia ICAO. This MOU does not require Chesterfield County Police Department to contribute financially to the Southern Virginia ICAO and allows the department to end its participation at any time with written notice. Preparers Thierry G. Dupuis Title: Chief of Police Attachments: ^ Yes ~ No 00002 Southern Virginia Internet Crimes Against Children Task Force Memorandum of Understanding The Southern Virginia (SOVA) Internet Crimes Against Children (ICAC) Task Force is a partially grant-funded, multi-agency endeavor. The Bedford County Sheriff s Office is the recipient of the Department of Justice ICAO grant. This Memorandum of Understanding (MOU) is entered into by and between the following agencies: Bedford County Sheriffs Office and Chesterfield County Police Department This document shall not be construed as limiting or impeding the basic spirit of cooperation that exists between the participating agencies. This document does not intend to prohibit officials from using discretion and best judgment in matters where personal or community safety is at stake. L Mission The mission of the ICAC Task Force is to assist law enforcement and community members in developing an effective response to cyber enticement and child pornography incidents. Taskforce members will identify, apprehend, and assist with the prosecution of sexual predators who exploit children through the use of computers and the Internet. Task force members will sponsor community education efforts regarding the prevention of Internet crimes against children. The task force also seeks to enhance the effectiveness of participant agencies by providing investigative training to employees of each agency. II. Purpose The purpose of this MOU is to delineate the responsibilities of the SOVA ICAO Task Force, maXimi~e ~er_ agency cooperation and formalize relationships between participant agencies for policy guidance, supervision, planning, training, and public and media relations. It is the desire of the participating agencies to attain maximum inter-agency cooperation in a combined law enforcement effort aimed at reducing Internet crimes against children. III. Direction All participants acknowledge that the task force is a joint operation in which all agencies act as partners; however, the Bedford County Sheriffs Office is directly responsible for the policy and direction of the task force and grant management. The SOVA ICAC Task Force Coordinator will periodically contact supervisors and investigators from participating agencies to keep them informed of issues relevant to ICAC operations. Activities of the ICAC Task Force are further governed by the operational and investigative standards of the United States Department of Justice, Office of Juvenile Justice and Delinquency Prevention {DOJ/OJJDP). N. Personnel The SOVA ICAC will include investigators and supervisors from various local, state and federal law enforcement agencies. Assignment of member personnel to the ICAC Task Force will be at the discretion of the respective agency heads supervisors. Each participating agency, upon request, will be provided with an update regarding the direction and accomplishments of the task force. Affiliate agencies are not required to physically assign personnel to the SOVA ICAC main office but may do so if they choose to. 1 of 4 00002 Southern Virginia Internet Crimes Against Children Task Force Memorandum of Understanding V. Investigations All ICAC Task Force investigations will be conducted in a spirit of cooperation. It is agreed that unilateral acts on the part of employees involved in task force investigations are not in the best interest of the task force. Agency participation in the task force means that when an ICAC Task Farce case is developed in a member agency's jurisdiction, either by that agency or through another agency or means, the member agency will conduct or assist in the investigation. Cross jurisdictional investigations within the SOVA ICAC territory shall be coordinated between the affected agencies. Investigations developed oubide the SOVA ICAC assigned territory shall be coordinated through the SOVA ICAC Task Force Commander. It shall be the responsibility of the Task Force Commander to contact and facilitate cooperation between the SOYA member agency and the affected ICAC. VI. Prosecution The criteria for determining whether to prosecute a particular violation in county, state or federal court will focus on achieving the greatest overall benefit to the public. Any question arising pertaining to jurisdiction will be resolved through discussions among the investigative and prosecutorial agencies having jurisdiction in the matter. When joint jurisdiction exists, this MOU does not preclude additional prosecution(s) in other jurisdictions. VII. Prevention and Education Activities Member agencies will conduct education and prevention programs within their jurisdictions to foster awareness and provide practical, relevant guidance to children, parents, educators, librarians, the business community, and other individuals concerned about Internet child safety issues. Presenters shall not discuss investigative techniques utilized by the ICAO Task Force. Requests for services/presentations received by the Task Force Coordinator will be forwarded to the affected member agency. VIII. Case Predication and Prioritization Cases may be initiated by referrals from the CyberTipline, Internet Service Providers, or other law enforcement agencies, and by information gathered through subject interviews, documented public sources, direct observations of suspicious behavior, public complaints, or by any other source acceptable under agency policies. Member agency supervisors are responsible for determining investigative priorities and selecting cases for investigation. Assuming the information is deemed credfble, that determination should begin with au assessment of victim risk and then consider other factors such as jurisdiction and known offender behavioral characteristics. T'he following prioritization scale will be used as a guideline: a} A child is at immediate risk of victimization b) A child is vuhxerable to victimization by a known offender c) Known suspect is aggressively soliciting a child(ren) d) Manufactures, distributors or possessors of images that appear to be home photography with domiciled children e) Aggressive, high-volume child pornography traders who either are commercial distributors, repeat offenders, or specialize in sadistic images fl Manufactures, distributors or solicitors involved in high-volume trafficking or belonging to an organized child pornography ring that operates as a criminal conspiracy g) Manufacbu+es, distributors or possessors of images of child pornography h) Any other form of child victimization. 2 of 4 ~~0~~~ Southern Virginia Internet Crimes Against Children Task Force Memorandum of Understanding IX. Undercover Investiaationis Task force investigators shall avoid unlawful inducement of any individual not otherwise predisposed to commit the offenses being investigated. Only sworn, on-duty, ICAC Task Force personnel, who have completed the required basic online investigations course, shall conduct ICAC investigations in an undercover capacity. Private Citizens shall not be asked to seek out investigative targets nor shall they be authorized to act as police agents in an online undercover capacity. ICAC Task Force personnel shall not, under any circumstances, upload, transmit, or forward pornographic or sexually explicit images. Other than images or videos of individuals, age 18 or over, who have provided they informed written consent, and at the time consent was given were employed and compensated by a criminal justice agency, no human images or videos shall be uploaded, txansmitted, or forwarded by task force personnel. Other than authorized above, images considered for uploading shall be approved by an ICAO Task Force supervisor and reviewed by a local/state/federal prosecutor. Sexually suggestive screen names shall not be used. During online dialogue, undercover officers should allow the investigative target to set the tone, pace,~and subject matter of the online conversation. Image or video transfers shall be initiated and executed by the target. X. Records. Reports and Evidence Each individual agency is ultimately responsible for maintaining investigative reports generated by their agency's personnel. Investigative reports will be cooperatively shared in accordance with each member agency's policy. Evidence will be handled by established rules of law regarding chain of custody and property release and consistent with individual agency policy. At a minimum, a unique identifier shall be assigned to each ICAC case. All undercover online activity shall be recorded and documented. Any deviations from this policy shall be documented in the relevant case file. The storage, security, and destruction of investigative information shall be consistent with each agency's policy. Member agency supervisors will ensure that forensic previews and full forensic examinations of computers and related evidence are conducted by qualified and certified personnel. XI. Statistics All activity related to the core mission of the task force will be reported and submitted to the Task Force Coordinator by the 10"' day of each month. The ICAC monthly performance measures electronic form will be provided for monthly submission. This form gathers such information as: conu~munity education, law enforcement training, subpoenas, arrests and number of cases worked. Information/statistics submitted on this form must be substantiated by investigative case files or other member agency documentation for DOJ/OJJDP audit purposes. Jam[. Media Relations and Releases Case specific media release information regarding task force operations will be coordinated and made jointly by all participant agencies. No unilateral press releases regarding individual cases will be made by any participating agency without the prior approval of the other participants. Media releases shall not include information regarding specific investigative techniques. Member agencies may engage in. eneral media relations to promote the work of the task force. National Media contact shall only be made after prior approval is obtained by the National ICAC program manager. The Task Force Commander and Coordinator will assist in this process, 3 of 4 Q Q o Q;~ i~ Southern Virginia Internet Crimes Against Children Task Force Memorandum of Understanding IIIII. Worksoace and Eouiument Task force computers and software shall be reserved for the exclusive use by agency designated task force personnel. No personally owned equipment shall be used in task force investigations and all software shall be properly acquired and licensed, All task force online investigations shall be conducted in government workspace as designated by the agency. All equipment and software used by ICAC taskforce members shall be legally acquired and legally licensed. XIV. Information Sharing To foster coordination, collaboration, and communication, each task force agency must contribute basic case information to a common database maintained by the National ICAC Task Force. This information should be submitted at the earliest practical opportunity. If a common target is identified, the initiating ICAC agency is responsible for contacting the other law enforcement agency targeting the suspect. XIV. Training ICAC Task Force members will have priority in the recommendation for training opportunities to improve and enhance the job skills required to combat Internet crimes against children. Training costs will be defrayed as much as possible through grant funding. XV. Duration This MOU will remain in effect unless either party terminates the agreement. Task Force member agencies may withdraw their participation in this MOU at any time by providiuag written notice of their intent to withdraw. Upon withdrawing from the task force, equipment assigned to member agencies will be returned to the Task Force Coordinator. This document has been approved as to form and content by the Sheriff of Bedford County. Michael J. Brown Sheriff, Bedford County, Virginia Thierry G. Dupuis Chief, Chesterfield County, Virginia x~.ovo2noo~ Date Date 4 of4 QQQQ2'~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA 1719 Meeting Date: February 22, 2012 Item Number: 8.C.2.a.1. Subject: Resolution Recognizing Career Detective John G. Trueheart, Police Department, Upon His Retirement County Administrator's Comments: County Administrator: Board Adoption of the attached resolution. Summary of Information: Career Detective John G. Trueheart retired from the Police Department on February 1, 2012, after providing more than 40 years of service to the citizens of Chesterfield County. Preparers Colonel Thierrv G. Dupuis Attachments: ^ Yes ~ No Title: Chief of Police #oooo2s RECOGNIZING CAREER DETECTIVE JOHN G. TRUEHEART UPON HIS RETIREMENT WHEREAS, Career Detective John G. Trueheart retired from the Chesterfield County Police Department on February 1, 2012, after providing more than 40 years of quality service to the citizens of Chesterfield County; and WHEREAS, Career Detective Trueheart has faithfully served the county in the capacity of Deputy Sheriff, Police Officer, Detective, Detective First Class, Senior, Master and Career Detective; and WHEREAS, Career Detective Trueheart received the Chief's Commendation Award for distinguishing himself while serving as a member of the Auto Larceny Task Force, with task force accomplishments including the arrest of 61 suspects, the clearance of 132 cases and the recovery of thousands of dollars of stolen property; and WHEREAS, Career Detective Trueheart was the recipient of a Commendation Award for outstanding intelligence and law enforcement skills in spotting, intercepting and apprehending robbery suspects; and WHEREAS, Career Detective Trueheart was also commended for his professionalism and advanced interrogation skills, which have enabled him to obtain many confessions, resulting in the recovery of thousands of dollars in stolen property; and WHEREAS, Career Detective Trueheart has exhibited outstanding teamwork skills and is well respected throughout Chesterfield County and the surrounding jurisdictions; and WHEREAS, Career Detective Trueheart has received many letters of thanks and appreciation for service rendered from the citizens of Chesterfield County; and WHEREAS, Career Detective Trueheart 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 Career Detective Trueheart's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Career Detective John G. Trueheart, 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. oooa~ ~ ~~ IRf CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: February 22, 2012 Item Number: 8.C.2.a.2. Subject: Resolution Recognizing Captain Joseph M. Thomas, Fire and Emergency Medical Services Department, Upon His Retirement County Administrator's Comments: County Administrator: Board Action Requested: Adoption of attached resolution. Summary of Information: Captain Joseph M. Thomas retired from the Fire. and Emergency Medical Services Department on December 1, 2011, after providing more than 33 years of service to the citizens of Chesterfield County. Preparers Edward L. Senter. Jr. Title: Fire Chief Attachments: ^ Yes ~ No # QOOC~30 RECOGNIZING CAPTAIN JOSEPH M. THOMAS UPON HIS RETIREMENT WHEREAS, Captain Joseph M. Thomas retired from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on December 1, 2011; and WHEREAS, Captain Thomas attended Recruit School #9 in 1978 and has faithfully served the county for more than 33 years in various assignments, from firefighter to acting battalion chief; and WHEREAS, Captain Thomas served as a firefighter at the Chester and Manchester Fire and EMS Stations; and WHEREAS, Captain Thomas was promoted to Sergeant/Lieutenant in 1982 and served at the Ettrick and Clover Hill Fire and EMS Stations; and WHEREAS, Captain Thomas was promoted to Captain in 1987 and served at the Manchester, Enon, Dale and Rivers Bend Fire and EMS Stations; and WHEREAS, Captain Thomas was instrumental in obtaining and installing the first dry hydrant, which led to the Dry Hydrant Installation Program in 1990; and WHEREAS, Captain Thomas assisted in the development of the First Alarm Assignment procedure in 2005, which defines the responsibilities of fire units and fire and EMS units responding to structure fires; and WHEREAS, Captain Thomas was instrumental in developing and presenting training to the department on managing fire incidents at "Big Box" type commercial structures, as well as senior living facilities; was instrumental in conducting testing to make recommendations for the purchase of new fire hose, recommending numerous safety initiatives; and in the development of many of our young fire officers; and WHEREAS, Captain Thomas was involved in the successful outcome of two mass casualty incidents involving a church van in 1987 and a Prince Edward County school bus carrying elementary school. children in 1989; and WHEREAS, Captain Thomas was awarded unit citations for his actions at a van accident resulting in multiple injuries in 1987; for rescuing a victim with a compound fracture who fell from a tree in 1994; for his actions at the Old Buckingham fire in 1995; for assisting in the resuscitation of a cardiac arrest patient in 2001; and for resuscitating a respiratory arrest patient in 2006; and WHEREAS, Captain Thomas was awarded an EMS Lifesave in 2001 for his involvement in reviving a cardiac arrest patient. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Captain Joseph M. Thomas, expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service and congratulations upon his retirement. 00003 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: February 22, 2012 Item Number: 8.C.2.b. Subiect: Resolution Recognizing March 2012 as "Purchasing Month" County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution. Summary of Information: Purchasing associations throughout the world participate in Purchasing Month as recognition for the purchasing profession and its value to the economic conditions within all localities, states, and nations. Public purchasing requires that ethical principles govern all conduct; a working knowledge of a wide range of goods and services; up-to-date knowledge of legalities and regulations; ability to communicate and skills to work with a diversity of users and vendors; and technical knowledge in areas such as purchasing methods, contracting, source selection, bidding, negotiation, evaluation methods, scheduling, and contract administration. It is requested that the Chesterfield County Board of Supervisors participate in supporting this recognition on a local basis. Preparers Michael J. Bacile Title: Director of Purchasing Attachments: ^ Yes ~ No #000032 RECOGNIZING MARCH 2012 AS "PURCHASING MONTH" WHEREAS, the purchasing and materials management profession has a significant role in the quality, efficiency and effectiveness of both business and government throughout the United States; and WHEREAS, purchasing and materials management professionals, through their combined purchasing power, spend $1.65 trillion every year and have a significant influence upon economic conditions in our community and throughout the world; and WHEREAS, in addition to the purchase of goods and services, the purchasing and materials management profession engages in or has direct responsibility for functions such as executing, implementing and administering contracts; developing forecast and procurement strategies; supervising and/or monitoring the flow and storage of materials; and developing working relations with suppliers and with other departments within the organization; and WHEREAS, Chesterfield County is a leader in developing and promoting a purchasing system of equality and integrity that maximizes the value of public funds and provides fair and equitable treatment to all persons involved in public purchasing; and WHEREAS, governmental purchasing and other associations around the world are sponsoring activities and special events to further educate and inform the general public on the role of purchasing within business, industry and government. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors hereby recognizes the month of March 2012 as "Purchasing Month" in Chesterfield County and encourages all citizens to join in commemorating this observance. OOOa3 ~, ,~ m~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: February 22, 2012 Item Number: 8.C.3. Subject: Appropriation and Transfer of Road Cash Proffer Funds and Authorization to Proceed with the Newbys Bridge Road (Celestial Lane to Belmont Road) Reconstruction Project County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to appropriate and transfer $1,740,000 in road cash proffers (Traffic Shed 7) and authorize the County Administrator to proceed with the Newbys Bridge Road (Celestial Lane to Belmont Road) Reconstruction project . Summary of Information: The Board is requested to appropriate and transfer $1,740,000 in road cash proffers for the Newbys Bridge Road (Celestial Lane to Belmont Road) Reconstruction Project. This section of Newbys Bridge Road has narrow pavement with no shoulders and currently carries 5,000 vehicles per day. This volume is expected to grow to 11,000 vehicles per day over the next twenty years. This section needs to be reconstructed to acceptable standards. Funds are available in Traffic Shed 7. (Continued on next page) Preparer: R.J.McCracken Preparer: Allan M. Carmody Attachments: ^ Yes Title: Director of Transportation Title: Director of Budget and Management ^ No ~ODUf~-.3~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Summary of Information continued: The proposed project will involve widening the existing pavement from approximately nine foot to eleven foot wide lanes with six to eight feet of shoulder added to each side of the road. The existing pavement will not be reconstructed but will be overlaid to make it stronger. The road has thirty (30) feet of prescriptive easement. Additional right-of-way will have to be acquired (60 feet is anticipated) from approximately 16 property owners in order to make the improvements. Relocation of Verizon, Comcast, and Dominion Virginia Power lines is also anticipated. As detailed construction plans are prepared, staff will determine the project limits based on available funds and meet with affected property owners to discuss the impacts of the project on their property. A judgment will be made after the meetings as to whether a formal citizen information meeting/public hearing is needed. In either case, staff will only bring the detailed design to the Board for formal approval if there are significant concerns expressed by the property owners directly impacted by the project. The County Administrator should be authorized to proceed with the customary project activities, including the award of a contract up to $930,000 to the lowest responsive and responsible bidder. Recommendation: Staff recommends the Board: 1. Appropriate and transfer $1,740,000 in road cash proffers from Traffic Shed 7 for the Newbys Bridge Road (Celestial Lane to Belmont Road) Reconstruction Project; 2. Authorize the County Administrator to proceed with the design and right-of-way acquisition, including advertisement of an eminent domain public hearing if necessary; 3. Authorize the County Administrator to enter into the customary VDOT and environmental permits/mitigation agreements; 4. Authorize the Chairman of the Board of Supervisors and County Administrator to execute easement agreements for relocation of utilities; and 5. Authorize the County Administrator to award a construction contract, up to $930,000 to the lowest responsive and responsible bidder. District: Dale OOO fi3~ NEWBYS BRIDGE ROAD RECONSTRUCTION (CELESTIAL LANE TO BELMONT ROAD) ESTIMATE Prelimina En ineerin $ 67,000 Ri ht-of-Wa $ 220,000 Utili Relocation $ 315,000 Miti ation $ 0 Construction $ 930,000 Construction Contin enc $ 140,000 Construction En ineerin $ 68,000 Total $1,740,000 REVENUE Februa 22, 2012 Shed 7 Proposed $ 1,740,000 Total $ 1,740,000 00003, NEWBYS BRIDGE ROAD RECONSTRUCTION PROJECT 000031 (CELESTIAL LANE TO BELMONT ROAD) ~x~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: February 22, 2012 Item Number: 8.C.4. Subiect: State Roads Acceptances County Administrator's Comments: County Administrator: Board Action Requested: Adoption of resolutions for referenced state roads acceptances. Summary of Information: Bermuda District: Southcreek Section 10 River Walk at Rivermont Crossing Dale District: Erinton at the Highlands Midlothian District: The Woodlands Phase II Preparers Richard M McElfish Title: Director, Environmental Engineering Attachments: ^ Yes ~ No # 000038 TO: Board of Supervisors FROM: Department of Environmental Engineering SUBJECT: State Road Acceptance - SOUTHCREEK SECTION 10 DISTRICT: BERMUDA MEETING DATE: February 22, 2012 ROADS FOR CONSIDERATION: FAIREN LN IRVIN WAY NEVIN TER Vicinity Map: SOUTHCREEK SECTION 10 rn CLEAR gPR ~N CREEK CT ~~ o ~' a ~~ wq< TNAL~ CRg~K OR -ni ~ m r T. 4 h~ ~ V ~ n Z ~ Q: Y ~~ tl Q- ~~~ ~ ~ ~ ~~ ~ Wy Q ~ m U 9 m W U~ a Q ~ ~ ~ ~ REE~yT G~ ~ m O ~ ~ Y A~ ~~ W ~ 4 3 UTHCRE K R ~ ~ ~ ~ VI ~ U N A v 4 Mq cW7 S QUIET ~E ~ tiW ~ o FCRES O ~ ~ r~ ~ Z~ ~ D EXIT 58 02 a ~ CENTER oR O UFF~N y Mi~< RO <~ Produced By Cheeterfleld County GIS OOOG3~ TO: Board of Supervisors FROM: Department of Environmental Engineering SUBJECT: State Road Acceptance -RIVER WALK AT RIVERMONT CROSSING DISTRICT: BERMUDA MEETING DATE: February 22, 2012 ROADS FOR CONSIDERATION: HACKBERRY RD RIVER SHORE PL SOUTH HACKBERRY RD Vicinity Map: RNER WALK AT RNERMONT CROSSING EXIT 15 ~~ y ~tiG,L ,~~~P ~ N DR O,A~ ~Q, Y ~~ a RIVER TREE DR ~~ ~ O COLE ST N IVER r ~ eUS ~ WA K AVE PV EN ~ ~A OvRT MFR RO K , ~ BL VD J ~ ER O ~ Y ~ HORE PL O Nye ~~ ti O ~ , ~ yL j ~~FtON AVE O N~ 2<Q' ~`~ ~ v m ~~ ~ vm GOBS w C~j, L~ F ~ m ~ ~ ~' /n ~ ENO/ AVE z ~,~ eFRMU ~~ Q~ ~~~~ ONE Produced By Chesterfield County GIS 0 0 ~ ~~~ TO: Board of Supervisors FROM: Department of Environmental Engineering SUBJECT: State Road Acceptance - ERINTON AT THE HIGHLANDS DISTRICT: DALE MEETING DATE: February 22, 2012 ROADS FOR CONSIDERATION: BALLATER PL ERINTON TER DUNROBIN CT GRAMPIAN LN ERINTON CT LERWICK PL ERINTON DR Vicinity Map: ERINTON AT THE HIGHLANDS do o ~ ~~o~ ~o~ o o ~ ~c~ Fti P~ ~ ~ J~~ LL ~v y~< OR ~ w ~~ ~ ~~ P a U ~UNTRU E DR 2 Vr C'T ~~? ~p~ ~~ P~Q~P P~PO~~ ~ ~Q- ~ n a FR~Nt 2 ~ OR m O ~ J2~~ '~~ U ~ ~ m~ ~ H Q ~~ ~O O~ ~~c ~F ~~ O Produced By Chesterfield County d3 oooO~.d. TO: Board of Supervisors FROM: Department of Environmental Engineering SUBJECT: State Road Acceptance -The Woodlands Phase II DISTRICT: MIDLOTHIAN MEETING DATE: February 22, 2012 ROADS FOR CONSIDERATION: MALL DR Vicinity Map: The Woodlands Phase II 2 ?0 ~ w ~ ~ ~ ~ Q OYRO ~ ROe/OAS C7 W OAkCRFST ~ Y R~ O 2 ~ RO O~ ~~ 2~ C~< OG 2 DUNN6R00 O O GRgH '~Oq ~J ~O Qtu t~ CT -~ v~~ RO ~PQ 2 5 BRIARMONT RD ~O ~~ ~~~ ~~ ~ I ~ V O~ NON O l~ O P~v ~ ~~ N~ ~ ~P ~ lV~ ~~ O~ S RED LION C~ K ER CENTER LVD ~PR~'~ SETT <FRS RD D ~ ~ ~-~ER G~ O~ `~ 2 N n ~ J~~~ O ~w/GLIB a D'Q cr '~ z ~'o G MIDLOTHIAN TPKE M ~O ESEARCH Oy Produced By Chesterfield County GIS ~OQf1~~ -,~ CHESTERFIELD COUNTY _ BOARD OF SUPERVISORS Page 1 of 1 ~- AGENDA Meeting Date: February 22, 2012 Item Number: 8.C.5.a. Subject: Request Permission for a Fence to Encroach Within an Eight-Foot Easement Across Lot 16, Collington, Section 13 County Administrator's Comments: County Administrator: Grant Scott Zaremba permission for a fence to encroach within an 8' easement across Lot 16, Collington, Section 13, subject to the execution of a license agreement. Summary of Information: Scott Zaremba has requested permission for a fence to encroach within an 8' easement across Lot 16, Collington, Section 13. This request has been reviewed by county staff and Comcast Cablevision and there are no improvements in the easement. Approval is recommended. District: Matoaca Preparers John W. Harmon Attachments: ^ Yes ~ No Title: Real Property Manager # OOGfr43 i~ G `i ~~ REQUEST PERMISSION FOR A FENCE ~~ a ~IGT~IV D ~ N Chesterfield County Department of Utilities , W E S 1 Irol - tt6.67 4et 000044 Per County C1S, no conlnura moss this porrel. Silt Fence, Limits of C/eon'ny and Stone ConstnJCtlan Entrance os shown oro , ' and shoo/d be od listed ~ ! Per field conditions or os dirocMd by the Chesterii/edd County County Inspector. QP/N.•' 729_B6.f-27f2-40000 e' Eosement XLICENSED AREA ~' PROPOSED FENCE ~~ -, ., s~.eas~ fan~• - - Lot 16 ~ - .." u~ts f - "" ~ - _.,,, ..,.. Q?Q5 Acrs ~ Gleorir{g N ~ c m ~ ~a€ ~ ~ ~~f .~ ~ ~ ~ ~ ~ ~ Lof 15 • ~' ~ ~ ~~fi 9 t wry! ~ Lot LL l 17 6'9• 0 -~ ~~ ~ . ~. ~, ~ ~• sit \ , ~~ ` a Fence ~ ~` ' - - r, ~~ ~ ~- - - N~ y~~ ~ ''~ ' `~ ~ ~- • L's3~' ~' Storrs ~ R>~• Gbnstruction Entrance i~ ~ ASHLE"W!'LLE TURN 10' Eoaement ~ ~ 40' R/y' / ,s' vri~re Sidewo/k Op Eossment v Murk B. Heap: mac. No. 1813 ~~ n,as ~aT ~ 04/28/201 f COMP/LE~ ~~ l O~ ~ b 5 S~ PROVFME?V7 aF g NOT /Itt EASEAIEN75 Proposed ~ AIAY B£ SHOWN. 44/8 2011 /m rOVements on ° o4 20/2011 LOT 96, SECT/pN f3 oA~ sca+F: X20' COLL/NGTQ~V •1oe rva. C1 r f4 23 Chesterfield County, Virginia • Al i H S o s treet omes cror • /aB . ONt° . PLANtiBRB • AACHlT~CTB • Ef1QW8HRQ'• BURVEVGRS• t00Tt pt~r VMw De1r0 949N 900• MIAIOIt1Yhr Ue00N~ 991f0 • Pho^M (90y f04067t • Fact (~ 7fi~Ri6 WOIWbOItOrAO UoV O~~ i - CHESTERFIELD COUNTY ..,~ "' BOARD OF SUPERVISORS Page 1 of 1 ,,,, ' AGENDA Meeting Date: February 22, 2012 Item Number: 8.C.5.b. Subject: Request Permission to Construct a Gravel Driveway Within Two Dedicated Unimproved County Rights of Way Within Ramblewood Forest, Section 2 County Administrator's Comments: County Administrator: Board Action Requested: Grant Joyce Luck permission to construct a gravel driveway within two dedicated unimproved county rights of way within Ramblewood Forest, Section 2, subject to the execution of a license agreement. Summary of Information: Joyce Luck has requested permission to construct a driveway within two dedicated unimproved county rights of way within Ramblewood Forest, Section 2, to access properties at 14217 Ramblewood Drive and 13402 Inge Road. This request has been reviewed by county staff and Comcast Cablevision. Approval is recommended. District: Bermuda Preparers John W. Harmon Attachments: ^ Yes ~ No Title: Real Property Manager 0 VICINITY SKETCH Request Permission to Construct a Gravel Driveway Within Two Dedicated Unimproved County Rights of Way Within Ramblewood Forest, Section 2 REQUEST PERMISSION TO CONSTRUCT AGRAVEL DRIVEWAY WITHIN ACOUNTY DEDICATED UNIMPROVED RIGHT OF WAY REQUEST PERMISSION TO CONSTRUCT A GRAVEL DRIVEWAY WITHIN ACOUNTY DEDICATED UNIMPROVED RIGHT OF WAY ~~ ~~ !` N Chesterfield County Department of Utilities r W -E S 1 Irol - f•16.E ket ~~ .4+ ~ ~-rr~7 4r .. =~~ I.: ~ ` ~-`~~ o' : ~*~ - . a~7e~~J .f . ~.-• ._t I ~ ''' f.L33HS 335` ~~.. (AI/~I,OSi) ~I ~ ~ ~~ ~:~ '. .~ z T3.~ls 3~s ~ ~ r 3NI~G..3AOC1:o0AM15Y Susan ~ .I ~ .:. m ~ ~ .. . rls47o41~w - rraao• .- rraoa.... j ~' ,~~ ~ ' ~. ~ ~ ~'~~ ~ ~ _ a~scl .1:Ozz t . ' ~ .r4RSa'. ~~. : J i ~ -- L-J: ~--- N~..:.,, ~ ~ ~..:. *N : ~ .. .. i i 4rt711~1tt1L10~' SJ47011'L~ NJ4Y0'41'M' a ~} ': ~ ae ~ ~ k~, i ~ `~ d~M311 . i4S00' . 'I~ .I :14500' ~•~ ~ ~~ . --+~ ~ 1. ~ M7IL~/k¢SNtl~. 7'J~DO I. N34`10'41'W • .. ~. --~-_(~M~09 . s s ;, .:. ~.A- .• .:., _ r ate.. ~,1~ ~,~ 3-' ' "': 8 - ~° ~* ~ ' ~ b_~~ ,~,' ..~ 8 ~ ti ..: .. 4k0 = ., if500' • _I ~~ .r1a 4'~. ~~ 'N3470'4r'll ::: N 'd : ~ *~ .I I . •~ r ,. . •. ; ~ ~ ~® ~ . .:.:fss~7o'~r~l I o...ivs~7a 17r $ , .: m ~ lsaao'. 'sa4'fa4r~ ' '' i ' wa, .o ~• ; :tea w m~ i b.,l ® t~w~jj .fao.cq':• .. 'I f• of i . ' ~ .. .\~. ~ ,: 53470.4l~ JV.Ti . c ... ~ '~~i~' .~ tp~ S• ~ ~ raaoa . ' . ' :. Y~ - lsaoa• •. l :. '~ : ~O! JJJ~~999 R_~~4 ~ m `~ ~ ;. ~ ' . ~~.~ I ~ eo ~ ' ~ N3470'41'IY ~ 'Si470'4f1~ ' I N.~I • ~ ,~ ~ . ~ V h . i y~, r~ ~q. ~ :. ~ ~M3470'4! ss~to'411~ . I 1 ,'N3, . Q ...1 +,~ n.:' F ~ .~ f fiy1: ~ .A ~ :~ I 11x00' ~-w 1QG100'~^ ~ i J: t_O~tl7i) '. •'.~.:~ ?S3f7041~''' '~ 1~;'RNJ4704f'M%. I.'' ~ :. .:~ I ,•:: • YSI ~.po'~iT- ~•.. ~ J isaa0 • . ~ 1 .11x00' ~ 11x00''. - . ~ _ r. ti: ' ' i~ ~ ~~~aV141041'lY' "~ ~" S~f70'4I•'4' ~.' ('I?. 7d419N : ;~ ~ ~,• '7 16x00 r1a00'.. `. - `S3i70'4f1r M3f ~`~ ~~ ~ ..:.53470'4!E' ... I• I.. :. 70,4r,1~'. I . ~~1 , ~ t6a00' ~ I I , f1ad0' '.y., ':~:I ~ .~~O'4f'F: I ~~N31 •1~ gltlS - '~ lJ •I ~ I ~_ '. ~ ~: ~ , 150.00". } ' h . .~- a ,L~i~ ml .oars wN ; ~ ^= As.tt Olffyv ~u I .. t ~: -,« ~< .I~ ~o . ~ : Z r $ t m~ .. m~ I ~. M,1, 20~~ t I .. ~ a^ I . .. t ~ i~l' ~ ~ ~.~ ~ E : 1 I.. i~ :Ili:.., - CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: February 22, 2012 Item Number: 8.C.5.c. Subject: Request Permission fora Proposed Block Wall to Encroach Within an Eight-Foot Easement Across Lot 47, Founders Bridge, Section 1 County Administrator's Comments: County Administrator: Grant Matthew A. Switzer and Kristen M. Switzer permission for a proposed block wall to encroach within an 8' easement across Lot 47, Founders Bridge, Section 1, subject to the execution of a license agreement. Summary of Information: Matthew A. Switzer and Kristen M. Switzer have requested permission for a proposed block wall to encroach within an 8' easement across Lot 47, Section 1. This request has been reviewed by the Utilities Department, Environmental Engineering and Comcast Cablevision and there are no improvements in the easement. Approval is recommended. District: Midlothian Preparers John W. Harmon Title: Real Property Manager Attachments: ^ Yes ~ No # d~~ VICINITY SKETCH Request Permission for a Proposed Block Wall to Encroach within an Eight Foot Easement Across Lot 47, Founders Bridge, Section 1 T ~ G4 REQUEST PERMISSION FOR ~ APROPOSED BLOCKWALL n ~T ~ ~ ~ ,A R ~~ R . ~ •,, r; M ~ ~ ~~ F ~~~ ~ ~ $ ~~ Jo ~~ ~ ~ r ~ ~ ~ c~ N Chesterfield County Department of Utilities w - e s I hcl - L16.67 ket 1Ala !a to ca'tlfy tMt on 3/29/ti .1o11ifh 6 AssoHaLS. Ix. cede a field survey of tAa ara~lses aAOen Aereon; tMt to tAe Dart of ay krrowladpe aw Oe1laf a1J 1Rarovaaiar-ts and rislAle evldanee of easaient are sAO~sr Aeraon, that tAtre sit no enereeCAeiante Oy laproveasnts altASr frw ed)olntnp prewfsea, or froe sub)ect pnaJau otMr titan as sAOwn Aerean. accordlnp to tM Currant respeetlr~ Metlonal flood inaurenu P-'oWae rob ~^j1s~_AO~~us.'~~e oe~ted wlGiln =ene_ _C . IAfuea 1a o]d. fever ar0 TslapAOna are undarpiwund, 8Y ^~g'~~ r -~' ~/• Block wall LICENSED AREA ,wF Y ALIT, t ~T G61~1GN1; Ll.G. i 135..x' S44'24'!5~ r~ f< rr~t1~.6' t !?7.24' ~~ 1 p• PATIO y~ ~ DK'K Z 3 .?' ~ ~~ i` z ~~ N~ ~ ~t„1 X30' 4 ~~~ ~ ~~ ~~ ~ ~ m ~~ f.RO,v ~ StO~ ~tf~~ r B'J ~'~~ 27.x' ~~ e~ //fi /ry e~ozla~ m P,~L of MAEIRY MILL RD. ____`~` R=75.ae~ L=135.83 Matthew A. Switzer Kristin M. Switzer MCJLBERRY 2600 Mulberry Row ROI~f R0~4D DB. 9051 PG. 229 PIN: 718720374300 ~'~pf~ 1 ~• i ~I arv Lor ~ s~cnaN ~, pt~uv of Fid~1D~ ~RJD~6E M GO, Yllt NIl7 ,,,,~,r+!,~ o~ y i1DDfTlOIVItiL AMaC[i OF L~V~D NV P!~-~f1I-TAN GO. Y14 ~j ~0~ DATE' 3/29/!1 F. 7'aD ~ SCALE t •-30 . 2935 FILE.' C1~lEST-7 BY.• OIEB ~ O4 ~LIFtE B A~GCIA IAIC. BOOK NO.• 488-110 '~ svn~~ ~~~ un r ax TFIIS PLIT IIAB NA[1B MIT/A7UT SIT ~ A TITLE SLRY~1' DE l~PgRT LOT 47 0.46 AG. --.~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 ~• AGENDA Meeting Date: February 22, 2012 Item Number: 8.C.6. Subject: Request to Quitclaim a Portion of a Variable Width Water Easement Across the Property of Bon Secours - Saint Francis Medical Center, Incorporated County Administrator's Comments: County Administrator: Board Action Request Authorize the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a variable width water easement across the property of Bon Secours - St. Francis Medical Center, Inc. Summary of Information: Bon Secours - St. Francis Medical Center, Inc. has requested the vacation of a portion of a variable width water easement across its property as shown on the attached plat. This request has been reviewed by the Utilities Department. Approval is recommended. District: Clover Hill Preparers John W. Harmon Title: Real Property Manager Attachments: ^ Yes ~ No # 000052 VICINITY SKETCH Request to Quitclaim a Portion of a Variable Width Water Easement Across the Property of Bon Secours - St. Francis Medical Center, Inc. z ~~ m~ ~l~Q~ ~4 ~~ m~ ~~~ 4 ~- L~/yTE'~ pOINTE PKWY Water Easement to m ~ ~~ be Quitclaimed ~t~~ks ~~ Ay ~n ~2 / l r 2 -~ ~~ x ~ ~~~,o+~~s ~~ s ~,~ ~~~ ~° ~~ ~ Q Q ~A ~ fy ~~ ~O LIAG~ ~G ~ q B CY m, {~4~` C ~. fl U ~Q- ~A 1~DF N Chesterfield County Department of Utilities .. w '- E s 1 lecl ~ 666.67 Ret Vv ~V~ CONDOMINIUM 3.745 `! 694934400000 4ANC1S BLVD. EXlST1NG -~~ `<• ! 16' SANITARY SEWER .: EASEMENT D.B. 6971 PG. 770 _ ~• ' :~- ~-, ~ ~ 1 VARIABLE WIDTH 3I PERMANENT ~ WATER EASEMENT .~~}- r~ 0.012 AC. AC. ~ ° (507 SQ. FT.) °' F TIE TOp/l}~ 7 ~ em. 1.2 (TfE} 58 ~~ b ~ • / 42$ ` N.' 3894216.45 f-- -~I E.' 11726090.42 ~ ~ . J y ~ . ~ ! ~ ~~ ,~ ~ ~ X39 ~ ~ . ~ ~ ___ - y'' i f r , ~ "! N.• 3894320.33 E: 11726065.45 11 v RMANENT SANITARY 7NER EASEMENT 0.082 AC. (2,684 SQ. FT.) N: 3594217.51 L34 E: 11725990.25 EXISTING 16'-~ W a -- f ~~ __~~ ~ ~ ~ r J ' ~~ r ~' EX1STlNG 16' VATER EASEMENT D.B. 7440 PG.415 80N SE000RS- MEDICAL CE N• 3594254.95 D.B.5472 E: 11725088.55 TAX PAR 726694 1 74 1000 ~f 13851 ST. FRS ~ ti L26 (T!E) 19.18' (T1E) ~ L38 ~ VARIABLE WIDTH PEF WATER EASEM~ ~L3T 0.001 AC. AC !- N.• 3694195 82 (68 $Q. FT.) E.• 11726095.87 ~ ~ ~s~ ~~0~~ ss~F ~ ti j~ \~ L14 ~T WATER EASEMENT 1 `N: 3694189.80 D.B. 7440 PG.420 1 E: 11725892.83 N.• 3694185.58 ~ E.• 11726082.00 ~ ~ PORTION OF VARIABLE W1DTH I ~ PERMANENT WATER ~ ~ EASEMENT TO BE VACATED ~ ~ 0.005 AC. ~ (?26 SQ. FT.) N .p ~1 ~ ~ ~` ~o 01 ~m v ~; ,~ w~ 1 ~ ~1 ;_ N ` ~1.2 N: 3694163.68 ry\ ` i E.• 11726087.82 ~ `'~-- 9~ s~ r~1 N, 3894120.89 ~ ' BON SECOURS- ST. FRANCIS E' f 1726183.88 1 ` MEDICAL CENTER, INC. ~ ~ D.B.5472 PG.642 Z~ ~ ~ TAX PARCEL ID: 726694174100000 {1N PARTJ `~~ ~ . 13851 ST. FRANCIS BLVD. a? ` ~ ,, ,~ ~~i ~, ~ VARIABLE WIDTH .p ~ PERMANENT WATER ~I EASEMENT -'_I 0.329 AC. (93,961 SQ. FT.) ~ 000054 `-~`°~ CHESTERFIELD COUNTY ' _ _ ~' BOARD OF SUPERVISORS Page 1 of 1 ~~ AGENDA Meeting Date: February 22, 2012 Item Number: 8.C.7. Subject: Appropriation of $700,000 from the Henricus Foundation to the Parks and Recreation Department's Capital Budget for the Construction of the 1611 Replica Historic Church and Meeting Hall and Authorization to Award and Execute a Construction Contract County Administrator's Comments: County Administrator: Board Action Rec The Board is requested to: 1) appropriate $700,000 from the Henricus Foundation to Parks and Recreation Department's Capital Budget for construction of the Replica Historic Church and Meeting Hall building at Henricus Historical Park; and 2) authorize the County Administrator to award and execute a construction contract in an amount within the budget to the lowest responsible and responsive bidder, subject to receipt of the funds from the foundation. Summary of Information: The Henricus Foundation has appropriated funds for this project. The County's agreement with the Henricus Foundation requires administration and public procurement of capital projects in excess of $100,000. The project will construct the structure called the 1611 Replica Historic Church and Meeting Hall, which will be used for exhibits and interpretive programs that are important to the understanding of the Henricus settlement and the early development of building styles in Virginia. The structure will greatly assist in housing planned programs and gatherings at Henricus Historical Park. Staff estimates that the requested appropriation will be sufficient to award this construction contract. Preparer: Michael S. Golden Title: Director, Parks and Recreation Preparer: Allan M. Carmody Title: Director, Budget & Management Attachments: ~ Yes ^ No pOQ55 ~~~ 1748 Meeting Date: Febru Subiect: CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 2 AGENDA 2012 Item Number: 8.C.8. Adopt a Resolution Authorizing the Advance Refunding of Up to Series 2002, 2005A, 2006 and 2007 General Obligation Bonds as 2004 Virginia Public School Authority (VPSA) Bonds and Closing a Public Hearing to Consider Appropriation of Up to $75,000,00 the Escrow Agent for the Advance Refunding County Administrator's Comments: County Administrator: $75,000,000 of well as Series Costs, and Set 0 in Payment to 1) Adopt a resolution authorizing the advance refunding of up to $75,000,000 of Series 2002, 2005A, 2006 and 2007 general obligation bonds and Series 2004 Virginia Public School Authority (VPSA) bonds and closing costs; and 2) Set a public hearing for March 7, 2012 to consider the appropriation of up to $75,000,000 in payment to the escrow agent for the advance refunding. Summary of Information: The county's financial advisors, Public Resources Advisory Group (PRAG), have analyzed the county's outstanding general obligation debt and have determined that the market is favorable for refunding various callable bonds. PRAG has identified Series 2002 for a par amount of $2,330,000; Series 2005A for a par amount of $8, 145, 000; Series 2006 for a par amount of $12, 860, 000; and a portion of the Series 2007 bonds in county general obligation bonds as being eligible for refunding. The projected present value savings as a percentage of refunded par of approximately 6.5o could result in an estimated present value savings in excess of $1.5 million. These savings will be split proportionately between the county and schools. Preparers Allan M. Carmody Title: Director, Budget and Management Attachments: ^ Yes ~ No # CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 In addition, PR.AG analyzed general obligation VPSA bonds for possible refunding candidates. They identified Series 2004 for a par amount of $31,200,000 as eligible for refunding. The projected present value savings as a percentage of refunded par of ll.lo could result in an estimated present value savings of $3.2 million. These savings will accrue to schools. Staff requests that the Board of Supervisors adopt the resolution authorizing the advance refunding and set a public hearing for March 7, 2012 to consider the appropriation of the payment to the escrow agent for the advance refunding. A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE, SALE AND DELIVERY OF AN ISSUE OF NOT TO EXCEED SEVENTY-FIVE MILLION DOLLARS ($75,000,000) PRINCIPAL AMOUNT OF GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BONDS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, FOR THE PURPOSE OF REFUNDING PRIOR TO THEIR STATED MATURITIES, ALL OR A PORTION OF THE COUNTY'S OUTSTANDING GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES OF 2002, ALL OR A PORTION OF THE PRINCIPAL INSTALLMENTS OF THE COUNTY'S OUTSTANDING GENERAL OBLIGATION SCHOOL BOND, SERIES 2004, ALL OR A PORTION OF THE COUNTY'S OUTSTANDING GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES A OF 2005, ALL OR A PORTION OF THE COUNTY'S OUTSTANDING GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES OF 2006, ALL OR A PORTION OF THE COUNTY'S OUTSTANDING GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES A OF 2007, AND ALL OR A PORTION OF ONE OR MORE OTHER SERIES OF THE COUNTY'S OUTSTANDING GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS AND/OR GENERAL OBLIGATION SCHOOL BONDS; FIXING THE FORM, DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH BONDS; PROVIDING FOR THE SALE OF SUCH BONDS AND DELEGATING TO THE COUNTY ADMINISTRATOR CERTAIN POWERS WITH RESPECT THERETO; AUTHORIZING AND PROVIDING FOR THE PREPARATION AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT RELATING TO SUCH BONDS; AND PROVIDING WITH RESPECT TO CERTAIN OTHER MATTERS RELATED THERETO BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: SECTION 1. Findings and Determination. (a) Pursuant to Chapter 5.1 of Title 15.1 of the Code of Virginia, 1950, recodified effective December 1, 1997 as Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the "Public Finance Act of 1991 "), an election duly called and held under the Public Finance Act of 1991 in the County of Chesterfield, Virginia (the "County"), on November 5, 1996, an Order of the Circuit Court of the County, dated January 6, 1997, and a resolution adopted by this Board on December 10, 1997, there were authorized to be issued, sold and delivered the County's $23,280,000 principal amount of General Obligation Public Improvement Bonds, Series of 2002, dated January 15, 2002 and maturing in varying principal amounts on January 15 in each of the years 2003 through 2022 (the "Series of 2002 Bonds"). (b) Pursuant to the Public Finance Act of 1991 and a resolution adopted by this Board on December 11, 2003, there was authorized to be issued, sold and delivered to the Virginia Public School Authority (the "VPSA") the County's General Obligation School Bond, Series 2004, dated February 26, 2004, in the principal amount of $56,825,000, maturing in 1115252.4 035368 RSIND - 2- principal installments in varying amounts on January 15 in each of the years 2006 through 2025 (the "Series 2004 Bond"). (c) Pursuant to the Public Finance Act of 1991, an election duly called and held in the County on November 2, 2004, an Order of the Circuit Court of the County, dated January 4, 2005, and a resolution duly adopted by this Board on January 12, 2005, there were authorized to be issued, sold and delivered the County's $17,245,000 principal amount of General Obligation Public Improvement Bonds, Series A of 2005, dated March 1, 2005 and maturing in varying principal amounts on January 1 in each of the years 2007 through 2025 (the "Series A of 2005 Bonds"). (d) Pursuant to the Public Finance Act of 1991, an election duly called and held in the County on November 2, 2004, an Order of the Circuit Court of the County, dated January 4, 2005, and a resolution duly adopted by this Board on January 12, 2005, there were authorized to be issued, sold and delivered the County's $64,305,000 principal amount of General Obligation Public Improvement Bonds, Series of 2006, dated March 8, 2006 and maturing in varying principal amounts on January 1 in each of the years 2007 through 2026 (the "Series of 2006 Bonds"). (e) Pursuant to the Public Finance Act of 1991, an election duly called and held in the County on November 2, 2004, an Order of the Circuit Court of the County, dated January 4, 2005, and a resolution duly adopted by this Board on January 12, 2005, there were authorized to be issued, sold and delivered the County's $72,615,000 principal amount of General Obligation Public Improvement Bonds, Series A of 2007, dated April 11, 2007 and maturing in varying principal amounts on January 1 in each of the years 2008 through 2027 (the "Series A of 2007 Bonds"). (f) Pursuant to the Public Finance Act of 1991, the County has heretofore authorized to be issued, sold and delivered one or more series of the County's General Obligation Public Improvement Bonds and/or General Obligation School Bonds in addition to the Series of 2002 Bonds, the Series 2004 Bond, the Series A of 2005 Bonds, the Series of 2006 Bonds and the Series A of 2007 Bonds. (g) Pursuant to Article 5 of the Public Finance Act of 1991 (Sections 15.2- 2643 through 15.2-2649, both inclusive, of the Code of Virginia, 1950, as now in effect), the County is authorized to issue refunding bonds to refund any or all of its bonds prior to their stated maturities. (h) This Board deems it advisable and in the interest of the County to refund prior to their stated maturities all or a portion of one or more of the outstanding maturities of the Series of 2002 Bonds, all or a portion of one or more of the outstanding principal installments of the Series 2004 School Bond, all or a portion of one or more of the outstanding maturities of the Series A of 2005 Bonds, all or a portion of one or more of the outstanding maturities of the Series of 2006 Bonds, all or a portion of one or more of the outstanding maturities of the Series A of 2007 Bonds and all or a portion of the outstanding maturities of one or more other 1115252.4 035368 RSIND - 3- series of the County's General Obligation Public Improvement Bonds and/or General Obligation School Bonds (the "Refunded Bonds"). (i) This Board deems it advisable and in the best interest of the County to authorize and provide for the issuance, sale and delivery pursuant to such Article 5 of the Public Finance Act of 1991 (Sections 15.2-2643 through 15.2-2649, both inclusive, of the Code of Virginia, 1950, as now in effect) of an issue of General Obligation Public Improvement Refunding Bonds for the purpose of refunding prior to their stated maturities all or a portion of the Refunded Bonds. SECTION 2. Authorization of General Obligation Public Improvement Refunding Bonds. For the purpose of refunding prior to their stated maturities all or a portion of the Refunded Bonds described in Section 1, there are hereby authorized to be issued, sold and delivered an issue of general obligation public improvement refunding bonds of the County in a principal amount not exceeding $75,000,000 to be designated and known as "General Obligation Public Improvement Refunding Bonds" (the "Bonds"). The Bonds are to be issued pursuant to the provisions of the Public Finance Act of 1991. SECTION 3. Approval of the Details and Sale of the Bonds. (a) The Bonds shall be dated such date, shall bear interest from their date payable on such date and semiannually thereafter and shall have such series designation as shall be determined by the County Administrator. The Bonds shall mature and become due and payable on such date or dates not exceeding twenty (20) years from their date and in such principal amounts on each such date as shall be determined by the County Administrator. The Bonds may be sold contemporaneously with any other bonds of the County, including, without limitation, the general obligation public improvement bonds approved by the voters of the County at an election duly called and held under the Public Finance Act of 1991 on November 2, 2004 and authorized for issuance, sale and delivery pursuant to a resolution adopted by this Board on January 12, 2005. (b) (i) The Bonds shall be issued only in fully registered form. One Bond representing each maturity of the Bonds will be issued to and registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ("DTC"), or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, as registered owner of the Bonds, and each such Bond shall be immobilized in the custody of DTC. DTC will act as securities depository for the Bonds. Individual purchases will be made in book-entry form only, in the principal amount of $5,000 or any integral multiple thereof. Purchasers will not receive physical delivery of certificates representing their interests in the Bonds purchased. (ii) Principal and interest payments on the Bonds will be made by the County by wire transfer to DTC or its nominee, Cede & Co., or such other nominee of DTC, as registered owner of the Bonds, which will in turn remit such payments to the DTC participants for subsequent disbursal to the beneficial owners of the Bonds. Transfers of principal and interest payments to DTC participants will be the responsibility of DTC. Transfers of such 1115252.4 035368 RSIND - 4- payments to beneficial owners of the Bonds by DTC participants will be the responsibility of such participants and other nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be accomplished by book entries made by DTC and, in turn, by the DTC participants who act on behalf of the indirect participants of DTC and the beneficial owners of the Bonds. (iii) The County will not be responsible or liable for sending transaction statements or for maintaining, supervising or reviewing records maintained by DTC, its participants or persons acting through such participants or for transmitting payments to, communicating with, notifying, or otherwise dealing with any beneficial owner of the Bonds. So long as the Bonds are in book-entry only form, the County Treasurer will serve as Registrar and Paying Agent for the Bonds in accordance with the provisions of Section 4 hereof. The County reserves the right to designate a successor Registrar and Paying Agent for the Bonds if the Bonds at any time cease to be in book-entry only form. (c) The Bonds shall be subject to redemption at the option of the County prior to their stated maturities, in whole or in part at any time, on such dates and with such redemption premiums, if any, as shall be determined by the County Administrator. (d) In accordance with and subject to the provisions of the Detailed Notice of Sale of the Bonds, bidders may provide that all the Bonds shall be issued as serial Bonds or may provide that any two or more consecutive annual principal amounts shall be combined into one or more term Bonds. If the successful bidder designates principal amounts to be combined into one or more term Bonds, each such term Bond shall be subject to mandatory sinking fund redemption commencing on such date in the first year which has been combined to form such term Bond and continuing on such date in each year thereafter until the stated maturity date of that term Bond. The amount redeemed in any year shall be equal to the principal amount of serial Bonds that would otherwise have matured in such year. Bonds to be redeemed in any year by mandatory sinking fund redemption shall be redeemed at par and shall be selected by lot from among the Bonds then subject to redemption. The County, at its option, may credit against any mandatory sinking fund redemption requirement term Bonds of the maturity then subject to redemption which have been purchased and cancelled by the County or which have been redeemed and not theretofore applied as a credit against any mandatory sinking fund redemption requirement. (e) (i) If any Bond (or any portion of the principal amount thereof in installments of $5,000) shall be subject to redemption and shall be called for redemption, notice of the redemption thereof, specifying the date, number and maturity of such Bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption and, if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption by first class mail, postage prepaid, to the registered owner of such Bond at the address of such registered owner as it appears on the books of registry kept by the Registrar and Paying Agent 1115252.4 035368 RSIND - 5- for the Bonds. The Registrar and Paying Agent shall not be required to exchange or transfer any Bond later than the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption of such Bond or any portion thereof. If notice of the redemption of any Bond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the portion of the principal amount thereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest on such Bond shall cease to accrue from and after the date so specified for redemption thereof. (ii) Any notice of the optional redemption of the Bonds may state that it is conditioned upon there being on deposit with the County, or the Registrar and Paying Agent for the Bonds or other designated agent of the County, on the date fixed for the redemption thereof an amount of money sufficient to pay the redemption price of such Bonds, together with the interest accrued thereon to the date fixed for the redemption thereof, and any conditional notice so given may be rescinded at any time before the payment of the redemption price of such Bonds, together with the interest accrued thereon, is due and payable if any such condition so specified is not satisfied. If a redemption of any Bonds does not occur after a conditional notice is given due to there not being on deposit with the County, or the Registrar and Paying Agent for the Bonds or other designated agent of the County, a sufficient amount of money to pay the redemption price of such Bonds, together with the interest accrued thereon to the date fixed for the redemption thereof, the corresponding notice of redemption shall be deemed to be revoked. (iii) So long as the Bonds of any series are in book-entry only form, any notice of redemption will be given only to DTC or its nominee. The County shall not be responsible for providing any beneficial owner of the Bonds with a notice of redemption. SECTION 4. Appointment of County Treasurer as Registrar and Pang Agent; Payment of Bonds; Books of Registry; Exchanges and Transfers of Bonds. (a) Appointment of Registrar and Pang Agent. The County Treasurer is hereby appointed Registrar and Paying Agent for the Bonds (hereinafter referred to as the "Registrar and Paying Agent"). (b) Payment of Bonds. (i) At any time during which the Bonds shall be in fully registered form, the interest on the Bonds shall be payable by check mailed by the Registrar and Paying Agent to the registered owners of the Bonds at their addresses as the same appear on the books of registry as of the record date for the payment of interest on the Bonds, and the principal of and premium, if any, on the Bonds shall be payable at the office of the Registrar and Paying Agent; provided, however, that so long as the Bonds are in book-entry only form and registered in the name of Cede & Co., as nominee of DTC, or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on the Bonds shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer . (ii) At any time during which the Bonds shall be in book-entry form, the principal of and interest on the Bonds shall be payable in accordance with the arrangements made with the depository for the Bonds. 1115252.4 035368 RSIND - 6- (iii) The principal of and interest on the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment is legal tender for public and private debts. Interest on the Bonds shall be calculated on the basis of a 360-day year comprised of twelve 30-day months. (c) Books of Registry; Exchanges and Transfers of Bonds. (i) At all times during which any Bond remains outstanding and unpaid, the Registrar and Paying Agent shall keep or cause to be kept at its office, books of registry for the registration, exchange and transfer of the Bonds. Upon presentation at the office of the Registrar and Paying Agent for such purpose, the Registrar and Paying Agent, under such reasonable regulations as it may prescribe, shall register, exchange, transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as herein set forth. (ii) Any Bond may be exchanged at the office of the Registrar and Paying Agent for a like aggregate principal amount of such Bonds in other authorized principal amounts of the same interest rate and maturity. (iii) Any Bond may, in accordance with its terms, be transferred upon the books of registry by the registered owner in whose name it is registered, in person or by the duly authorized agent of such registered owner, upon surrender of such Bond to the Registrar and Paying Agent for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or the duly authorized agent of such registered owner, in form satisfactory to the Registrar and Paying Agent. (iv) All transfers or exchanges pursuant to this Section 4(c) shall be made without expense to the registered owners of the Bonds, except as otherwise herein provided, and except that the Registrar and Paying Agent shall require the payment by the registered owner of any Bond requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this Section 4(c) shall be cancelled. SECTION 5. Execution and Authentication of Bonds; CUSIP Identification Numbers. (a) Execution of Bonds. The Bonds shall be executed in the name of the County by the manual or facsimile signatures of the Chairman and the Clerk of this Board, and the corporate seal of this Board shall be impressed, or a facsimile thereof printed, on the Bonds. (b) Authentication of Bonds. The County Administrator shall direct the Registrar and Paying Agent to authenticate the Bonds and no Bonds shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on such Bond shall have been manually executed by the Registrar and Paying Agent. Upon the authentication of any Bond, the Registrar and Paying Agent shall insert in the certificate of authentication the date as of which such Bond is authenticated as follows: (i) if the Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of the date the Bonds are delivered to and paid for by the initial purchasers thereof, (ii) if the Bond is authenticated upon an interest payment date, the certificate shall be dated as of such interest payment date, (iii) if the Bond is 1115252.4 035368 RSIND - ~- authenticated on or after the record date for the payment of interest on the Bonds and prior to such interest payment date, the certificate shall be dated as of such interest payment date and (iv) in all other instances the certificate shall be dated the date upon which the Bond is authenticated. The execution and authentication of the Bonds in the manner above set forth is adopted as a due and sufficient authentication of the Bonds. (c) CUSIP Identification Numbers. CUSIP identification numbers may be printed on the Bonds, but neither the failure to print any such number on any Bonds, nor any error or omission with respect thereto, shall constitute cause for failure or refusal by the successful bidder for the Bonds to accept delivery of and pay for the Bonds in accordance with the terms of its bid to purchase the Bonds. No such number shall constitute or be deemed to be a part of any Bond or a part of the contract evidenced thereby and no liability shall attach to the County or any of its officers or agents because of or on account of any such number or any use made thereof. SECTION 6. Tax Covenant. To the extent it shall be contemplated at the time of their issuance that any Bonds issued hereunder shall be excludable from gross income for purposes of federal income taxation, the County covenants and agrees to comply with the provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986 and the applicable Treasury Regulations promulgated thereunder throughout the term of such Bonds. SECTION 7. Sources of Payment of Bonds. The full faith and credit of the County shall be and is hereby irrevocably pledged to the punctual payment of the principal of and interest on the Bonds as the same become due. In each year while the Bonds, or any of them, are outstanding and unpaid, this Board is authorized and required to levy and collect annually, at the same time and in the same manner as other taxes in the County are assessed, levied and collected, a tax upon all taxable property within the County, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and interest on the Bonds to the extent other funds of the County are not lawfully available and appropriated for such purpose. SECTION 8. Form of Bonds. The Bonds shall be in substantially the form set forth in Exhibit A with such necessary or appropriate variations, omissions and insertions as are incidental to their numbers, interest rates and maturities or as are otherwise permitted or required by law or this resolution. SECTION 9. Preparation and Distribution of Preliminary Official Statement and Preparation, Execution and Delivery of Official Statement; Preliminary Official Statement "Deemed Final" for Purposes of Securities and Exchange Commission Rule 15c2-12. (a) The County Administrator and other appropriate officials and employees of the County are hereby authorized and directed to prepare and distribute, or cause to be prepared and distributed, to prospective purchasers of the Bonds a Preliminary Official Statement relating to the Bonds. All actions taken by the officials, employees, agents and attorneys of the County with respect to the preparation and distribution of such Preliminary Official Statement prior to the date hereof are hereby ratified and confirmed. 1115252.4 035368 RSIND - 8- (b) The County Administrator and other appropriate officials and employees of the County are hereby authorized and directed to prepare, or to cause to be prepared, a final Official Statement relating to the Bonds, such final Official Statement to be in substantially the form of the Preliminary Official Statement with the completion therein of the information with respect to the interest rates to be borne by the Bonds as specified by the successful bidder for the Bonds and other definitive details of the Bonds determined upon the sale of the Bonds to the successful bidder therefor. (c) The County Administrator is hereby authorized to execute and deliver to the representative of the purchasers of the Bonds the final Official Statement relating to the Bonds in accordance with the provisions of the Detailed Notice of Sale relating to the Bonds. (d) The Preliminary Official Statement shall be "deemed final" as of its date for purposes of Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934 ("Rule 15c2-12") except for the omission of information permitted to be omitted by Rule 15c2-12. The County Administrator is hereby authorized to execute and deliver to the representative of the purchasers of the Bonds a certificate dated the date of the Preliminary Official Statement stating that the Preliminary Official Statement is deemed final by the County for purposes of Rule 15c2-12 as of its date. SECTION 10. Sale of Bonds. (a) There is hereby delegated to the County Administrator authority, without further action by this Board, to sell the Bonds authorized for issuance under this resolution in accordance with the provisions hereof at competitive sale at such price, and on such other terms and conditions as shall be provided in the Detailed Notice of Sale relating to the Bonds. The County Administrator is hereby authorized to cause to be prepared, published and distributed a Detailed Notice of Sale of the Bonds in such form and containing such terms and conditions as he may deem advisable, subject to the provisions hereof. In lieu of publishing the full text of the Detailed Notice of Sale of the Bonds in accordance with the provisions of the immediately preceding sentence, the County Administrator is hereby authorized to cause a Summary Notice of Sale of the Bonds in such form as the County Administrator shall approve to be published in The Bond Buyer on a date selected by the County Administrator. (b) The County Administrator is hereby authorized to receive bids for the purchase of the Bonds and, without further action by this Board, to accept the bid offering to purchase the Bonds at the lowest true interest cost to the County, computed in accordance with the provisions of the Detailed Notice of Sale; provided (i) that such bid is in conformity with the Detailed Notice of Sale, (ii) that the true interest cost to the County as specified in such bid is not in excess of six percent (6.00%) and (iii) that any premium payable upon the optional redemption of the Bonds shall not exceed two percent (2.00%) and provided further that, prior to the acceptance of any bid, the County shall have received the good faith deposit specified in the Detailed Notice of Sale . The County Administrator is hereby further authorized to determine, or to modify the provisions of this resolution with respect to, the dated date of the Bonds, the interest payment dates for the Bonds, the dates on which the Bonds shall mature and the principal amount of the Bonds maturing on each such maturity date and to fix the rates of interest 1115252.4 035368 RSIND - 9- to be borne by the Bonds of each maturity as specified in the bid accepted by him in accordance with the immediately preceding sentence. (c) The County Administrator is hereby further authorized to execute and deliver to the purchasers of the Bonds authorized for issuance under this resolution a Continuing Disclosure Certificate evidencing the County's undertaking, to comply with the continuing disclosure requirements of Paragraph (b)(5) of such Rule 15c2-12 to the extent applicable to the Bonds. The County Administrator, the Director of Accounting and the County Attorney are hereby authorized to execute and deliver to the purchasers of the Bonds one or more certificates in the forms provided for in the Official Statement relating to the Bonds. SECTION 11. Authorization to Designate the Refunded Bonds for Redemption• Authorization to Select An Escrow Agent; Authorization to Enter into an Escrow Deposit Agreement; Authorization to Select a Verification Agent; Authorization to Comply With Requirements of VPSA in Connection With Refunding of Series 2004 Bond. (a) Subject to the sale and receipt of the proceeds of the Bonds, the County Administrator is hereby authorized to designate the Refunded Bonds for redemption on such date or dates as the County Administrator shall determine and is hereby further authorized to request the County Treasurer, as Registrar and Paying Agent for the Refunded Bonds, to cause the notice of the redemption of the Refunded Bonds to be given in accordance with the provisions of the proceedings authorizing the issuance of the Refunded Bonds. (b) The County Administrator is hereby authorized, in the discretion of the County Administrator, to select a bank or trust company to serve, or the County may itself serve, as Escrow Agent, if necessary, and to deliver to such Escrow Agent or applicable County officials irrevocable written instructions to give notices, or to cause such notices to be given, in the name and on behalf of the County, to the holders of the Refunded Bonds of the redemption of such Refunded Bonds on the dates fixed for the redemption thereof, such notices to be given in the manner and at the time or times provided in proceedings authorizing the issuance of the Refunded Bonds. (c) The County Administrator is hereby authorized, in the discretion of the County Administrator, to execute and deliver an Escrow Deposit Agreement by and between the County and the Escrow Agent in such form as shall be approved by the County Administrator upon the advice of counsel (including the County Attorney or Bond Counsel), such approval to be conclusively evidenced by the execution of the Escrow Deposit Agreement by the County Administrator. (d) The County Administrator is hereby authorized to select a verification agent, if necessary, in connection with the refunding of the Refunded Bonds. (e) The County Administrator, the County Treasurer and other officers of the County are hereby authorized and directed to comply with all requirements of the VPSA in connection with the refunding of one or more of the outstanding principal installments of the Series 2004 Bond, including, without limitation, arranging for the deposit of the proceeds of the 1115252.4 035368 RSIND - 10- Bonds allocable to the refunding of one or more of the outstanding principal installments of the Series 2004 Bonds to a trustee or escrow agent or other agent designated by the VPSA. SECTION 12. Authorization to Purchase Government Securities. The County Administrator or the County Treasurer is hereby authorized to execute, on behalf of the County, subscriptions for United States Treasury Obligations - State and Local Government Series, if any, to be purchased by the County in connection with the refunding of the Refunded Bonds. Such United States Treasury Obligations - State and Local Government Series, if any, so purchased shall be held by or on behalf of the County Treasurer or by the Escrow Agent under and in accordance with the provisions of any Escrow Deposit Agreement entered into in connection with the refunding of the Refunded Bonds. The County Administrator and or the County Treasurer is hereby authorized to enter into such purchase agreements, including forward supply agreements, if any, as shall be required in connection with the refunding of the Refunded Bonds providing for the purchase by or on behalf of the County in the open market of direct general obligations of, or obligations the payment of the principal of and interest on which are unconditionally guaranteed by, the United States of America. The County Administrator or the County Treasurer is hereby authorized to sell any securities held by the Escrow Agent under and in accordance with the provisions of the Escrow Deposit Agreement and to purchase securities in lieu of and in substitution therefor. SECTION 13. Reimbursement. It is contemplated that the Bonds authorized under this resolution will be issued contemporaneously with a series of County of Chesterfield, Virginia, General Obligation Public Improvement Bonds, Series A of 2012 (the "Series 2012A Bonds"). This Board hereby authorizes the County to make expenditures for the purposes for which the Series 2012A Bonds are to be issued in advance of the issuance and receipt of the proceeds of the Series 2012A Bonds and to reimburse such expenditures from the proceeds of the Series 2012A Bonds. The adoption of this resolution shall be considered as an "official intent" within the meaning of Treasury Regulation Section 1.150-2 promulgated under the Internal Revenue Code of 1986. SECTION 14. Filing of This Resolution. The County Attorney is hereby authorized and directed to file a copy of this resolution, certified by the Clerk of this Board to be a true and correct copy hereof, with the Circuit Court of the County of Chesterfield. SECTION 15. Invalidity of Sections, Paragraphs, Clauses or Provisions. If any section, paragraph, clause or provision of this resolution shall be held invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining portions of this resolution. SECTION 16. Headings of Sections. The headings of the sections of this resolution shall be solely for convenience of reference and shall not affect the meaning, construction, interpretation or effect of such sections or of this resolution. adoption. SECTION 17. Effective Date. This resolution shall take effect upon its 1115252.4 035368 RSIND EXHIBIT A UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA COUNTY OF CHESTERFIELD GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BOND, SERIES OF 20 REGISTERED No. R- INTEREST RATE: MATURITY DATE DATE OF BOND: REGISTERED 20 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: 20 CUSIP NO. The County of Chesterfield (hereinafter referred to as the "County"),apolitical subdivision of the Commonwealth of Virginia, for value received, hereby promises to pay to the Registered Owner (named above), or registered assigns, on the Maturity Date (specified above), unless this Bond shall have been duly called for previous redemption and payment of the redemption price shall have been duly made or provided for, the Principal Amount (specified above), and to pay interest on such Principal Amount on _, and semiannually on each _ and _ thereafter from the date hereof or from the interest payment date next preceding the date of authentication hereof to which interest shall have been paid, unless such date of authentication is an interest payment date, in which case from such interest payment date if interest has been paid to such date, or unless such date of authentication is within the period from the sixteenth (16th) day to the last day of the calendar month next preceding the following interest payment date, in which case from such interest payment date if interest has been paid to such date, until the payment of such Principal Amount (each such date is hereinafter referred to as an interest payment date) at the Interest Rate (specified above) per annum, by check mailed by the Registrar and Paying Agent hereinafter mentioned to the Registered Owner in whose name this Bond is registered on the books of registry kept and maintained by the Registrar and Paying Agent, as of the close of business on the fifteenth (15th) day (whether or not a business day) of the calendar month next preceding each interest payment date; provided, however, that so long as this Bond is in book-entry only form and registered in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC"), or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on this Bond shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. Interest on this Bond shall be calculated on the basis of a 360-day year comprised of twelve 30- day months. A-1 1115252.4 035368 RSIND The principal of this Bond is payable upon presentation and surrender hereof at the office of the County Treasurer of the County, in Chesterfield, Virginia (the "Registrar and Paying Agent"). The principal of and interest on this Bond are payable in such coin or currency of the United States of America as at the respective dates of payment is legal tender for public and private debts. This Bond is one of a duly authorized issue of Bonds (herein referred to as the "Bonds") of the aggregate principal amount of Dollars ($ ) of like date and tenor herewith, except for number, denomination, interest rate, maturity and redemption provisions, and is issued for the purpose of refunding in advance of their stated maturities certain previously issued general obligation bonds of the County, under and pursuant to and in full compliance with the Constitution and statutes of the Commonwealth of Virginia, including Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the same being the Public Finance Act of 1991), and a resolution duly adopted by the Board of Supervisors of the County under the Public Finance Act of 1991. The Bonds of the issue of which this Bond is one maturing on and after _, (or portions thereof in installments of $5,000) shall be subject to redemption at the option of the County prior to their stated maturities on or after _, in whole or in part at any time, in such order as may be determined by the County (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bond or portions thereof shall be selected by lot), at a redemption price equal to the principal amount thereof, together with the interest accrued on the principal amount to be redeemed to the date fixed for the redemption thereof. If this Bond is redeemable and this Bond (or any portion of the principal amount hereof in installments of $5,000) shall be called for redemption, notice of the redemption hereof, specifying the date, number and maturity of this Bond, the date and place or places fixed for its redemption and, if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount hereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption by first class mail, postage prepaid, to the Registered Owner of this Bond at the address of such Registered Owner as it appears on the books of registry kept by the Registrar and Paying Agent for the Bonds. The Registrar and Paying Agent shall not be required to exchange or transfer this Bond later than the close of business on the forty-fifth (45th) next day preceding the date fixed for redemption of this Bond or any portion hereof. If notice of the redemption of this Bond shall have been given as aforesaid, and payment of the principal amount of this Bond (or the portion of the principal amount hereof to be redeemed) and of the accrued interest payable upon such redemption shall have been duly made or provided for, interest hereon shall cease to accrue from and after the date so specified for redemption hereof. Any notice of the optional redemption of this Bond may state that it is conditioned upon there being on deposit with the County, or the Registrar and Paying Agent or other designated agent of the County, on the date fixed for the redemption hereof an amount of money sufficient to pay the redemption price of this Bond, together with the interest accrued thereon to the date fixed for the redemption hereof, and any conditional notice so given may be rescinded at A-2 1115252.4 035368 RSIND any time before the payment of the redemption price of this Bond, together with the interest accrued thereon, is due and payable if any such condition so specified is not satisfied. If a redemption of this Bond does not occur after a conditional notice is given due to there not being on deposit with the County, or the Registrar and Paying Agent or other designated agent of the County, a sufficient amount of money to pay the redemption price of this Bond, together with the interest accrued thereon to the date fixed for the redemption hereof, the corresponding notice of redemption shall be deemed to be revoked. Subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, this Bond may be exchanged at the office of the Registrar and Paying Agent for a like aggregate principal amount of Bonds of the series of which this Bond is one, of other authorized principal amounts of the same interest rate and maturity. This Bond is transferable by the Registered Owner hereof, in person or by the attorney of such Registered Owner duly authorized in writing, at the office of the Registrar and Paying Agent but only in the manner, subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, and upon the surrender hereof for cancellation. Upon such transfer, a new Bond or Bonds of the series of which this Bond is one, of authorized denominations and of the same aggregate principal amount, will be issued to the transferee in exchange herefor. The full faith and credit of the County are irrevocably pledged to the punctual payment of the principal of and interest on this Bond as the same become due. In each year while this Bond is outstanding and unpaid, the Board of Supervisors is authorized and required to levy and collect annually, at the same time and in the same manner as other taxes in the County are assessed, levied and collected, a tax upon all taxable property within the County, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and interest on this Bond to the extent other funds of the County are not lawfully available and appropriated for such purpose. This Bond shall not be valid or obligatory unless the certificate of authentication hereon shall have been manually signed by or on behalf of the Registrar and Paying Agent. It is hereby certified, recited and declared that all acts, conditions and things required to have happened, to exist and to have been performed precedent to and in the issuance of this Bond and the series of which it is one, do exist, have happened and have been performed in regular and due time, form and manner as required by law, and that this Bond and the Bonds of the series of which this Bond is one do not exceed any constitutional or statutory limitation of indebtedness. A-3 1115252.4 035368 RSIND IN WITNESS WHEREOF, the County, by its Board of Supervisors, has caused this Bond to be executed by the manual or facsimile signature of the Chairman of such Board; a facsimile of the corporate seal of such Board to be imprinted hereon, attested by the facsimile signature of the Clerk of such Board; and this Bond to be dated the date first above written. [SEAL] Attest: Clerk of the Board of Supervisors Chairman of the Board of Supervisors CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds delivered pursuant to the within-mentioned proceedings. County Treasurer, as Registrar and Paying Agent Date of Authentication: A-4 1115252.4 035368 RSIND ASSIGNMENT For value received, the undersigned hereby sell(s), assign(s) and transfer(s) unto (Please print or type name and address, including postal zip code, of transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER TAX IDENTIFYING NUMBER OF TRANSFEREE: the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney, to transfer such Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member firm of The New York Stock Exchange, Inc. or a commercial bank or trust company. (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration, enlargement or any change whatsoever. A-5 1115252.4 035368 RSIND rn- CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: February 22, 2012 Item Number: 9.A. Subiect: Developer Water and Sewer Contracts County Administrator's Comments: County Administrator: Board Action Reauestd'd: The Board of Supervisors has authorized the Deputy 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: 11-0020 Project Name: Wawa Westchester Location: 150 Pike View Drive Developer: Rebkee Partners Belmont LLC et als Contractor: R.M.C. Contractors, Incoporated Contract Amount: Water Improvements - Water Improvements - District: Midlothian Preparers William O. Wright Attachments: ~ Yes ^ No $5,425.00 (Private) Title: Assistant Director of Utilities # OOpO'73 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: February 22, 2012 Item Number: 9.6. 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 # 0000'74 Prepared by Accounting Department January 31, 2012 SCHEDULE OF CAPITALIZED LEASE PURCHASES APPROVED AND EXECUTED Date Original Date Bye an Description Amount Ends 04/99 Public Facility Lease -Juvenile Courts Project $16,100,000 01/20 (Refinanced 10/10) O1/O1 Certificates of Participation - Building Construction, Expansion and Renovation; Acquisition/Installation of Systems 03/03 Certificates of Participation -Building Construction, Expansion and Renovation 03/04 Certificates of Participation -Building Construction, Expansion and Renovation; Acquisition/lnstallation of Systems 10/04 Cloverleaf Mall Redevelopment Project 12/04 Energy Improvements at County Facilities OS/OS Certificates of Participation -Building Acquisition, Construction, Installation, Furnishing and Equipping; Acquisition/Installation of Systems 05/06 Certificates of Participation -Building Acquisition, Construction, Installation, Furnishing and Equipping; Acquisition/Installation of Systems 08/07 Certificates of Participation -Building Expansion/Renovation, Equipment Acquisition TOTAL APPROVED AND EXECUTED PENDING EXECUTION Description None 13,725,000 6,100,000 21,970,000 16,596,199 1,519,567 14,495,000 11,960,000 22,220,000 124.685.766 11/21 Outstanding Balance 1/31/2012 $6,475,000 5,605,000 11/23 3,540,000 11 /24 13,990,000 10/12 16,596,199 12/ 17 906,120 11/24 8,325,000 11/24 7,145,000 11 /27 17,545,000 80.127.319 Approved Amount ~OQ~~S CHESTERFIELD COUNTY GENERAL FUND BALANCE Budgeted Ending Balances February 22, 2012 of General Fund Budgeted Expenditures* FY2008 $50,945,000 7.5% FY2009 $53,495,000 7.7% FY2010 $53,495,000 8.1 FY2011 $53,495,000 8.3% FY2012 $53,495,000 8.2% *Effective FY2012, the Board of Supervisors adopted a change to the financial policy ratio to raise the targeted fund balance level from 7.5 percent to 8.0 percent Q~~~ Is CHESTERFIELD COUNTY RESERVE FOR FUTURE CAPITAL PROJECTS February 22, 2012 Board Meeting Date Description Amount Balance FOR FISCAL YEAR 2011 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 FOR FISCAL YEAR 2012 BEGINNING JULY 1, 2011 4/13/2011 FY2012 Budget Addition 13,552,500 17,580,288 4/13/2011 FY2012 Capital Projects (13,352,500) 4,227,788 8/24/2011 Construction of first phase of Mary B. Stratton Park (391,735) 3,836,053 11/9/2011 Chesterwood-Cogbill Rd Drainage Improvements (change order 2) (32,066) 3,803,987 1/11/2012 Chesterwood-Cogbill Rd Drainage Improvements (change order 3) (20,204) 3,783,783 ~0~0~~ z ~~ ~"~ O W •-" U ~ N N iwi O L a i'. ~..~ ~ ~ v] E-~ ~ x U ~" F ~, O ~ R = L pr O ~ Q u .a C z„ R ~ ~ ~ C e3 O 'C ~ ~ bl ~ Q ~ N N N "C ~~,, j O ~~ L' L 7 ~ GL ~ = O +„ ,„i .~ ~+ a 0 i a a Q Vi L 6~ ~ 0 F" L O ~„ 'y; C~ a U u ~i y D O 0~0 ~ N 00 ~ ~--~ ~--~ ~D O M ~ ~ ~ ~ ~ M ~ ~ ~ ~ 6R i ~ i i ~ ~ v~ ~O N ~ ~ ~ M O ~O l~ ~O N ~D ~O ~O O O O O O ~ V'^ ~!1 ~!1 t/'1 ~!1 M M M M M M M M M M V7 V1 00 ~ M O~ l~ [~ N ~/1 ~ ~G l~ Q~ 00 N N N N 69 ,~ ~~ tom. ~ x i' ~ U ~ D ~ CQ ~" ~ ~ ~ ~' 'O ~ ;'~ 3 D U 000 ~~~ February 22, 2012 Speaker's List Evening Session #1 (Following Presentation of Resolutions) 1. 2. 3. 4. 5. Evening Session #2 (End of the Evening Agenda) 1. 2. 3. 4. 5. Mr. Freddy Boisseau e'v'e d ~l y ~, sseQ ~, Good Evening: I am here tonight to bring up a sore subject, not to harp on the bad news, but to point to it as an example of what this County Government tries to do, but which is not the role of government. To often elected officials fail to realize that they lack the knowledge necessary to replace the Free Market. You were elected to protect my property rights, not to be venture capitalist and developers. Part of doing that is making sound, safe decisions with the tax money we pay to the government. Yet over the objection of some citizens, you invested their tax money into SportsQuest. I understand the agreement, but you either did not or would not look below the shine of a new sports park based economic development project. I understand that the 4.3 million of our money you invested in the park are secured by first liens on the fields, the senior center and the gymnasium, both of which have not been built. But did you at any time really look at what was being written about the project in the local news. On Feb 8th 2010 Aaron Kremer for Richmond BizSense, reported that the project was behind schedule. The start date had moved from the spring of 2009, to the summer of 2009, and by Feb 2010 no construction had started. Also the article called into question his membership figures, and a former partner stated that Mr. Burton "is not a detail guy" and "is not an operator". Mr. Robinson who runs two local skating rinks, said his rinks would not run a profit if he had to build them from scratch. And others questioned the thoughts behind his additional revenue sources, and how viable they were. At about the same time, Scott Bass in Style Weekly, pointed out that Mr. Burton had not produced any documentation that he had the finances or wherewithal to build the complex, and that he was relying on federal stimulus bonds totaling 30 million to pay for the project., which required the lease from the County. A local investor, in the same article stated that nothing in the documentation suggest that this project was shovel ready. In JuneVuly the deal with the County was finalized, yet in August Style Weekly reported on emails that they obtained that raises serious questions about the deal. Mr. Hart of the county noted a 30 million hole in SportsQuest balance sheet, and said that Mr. Burton was not in position to float the bonds by June 15th. He also raised concerns about Mr. Burton being able to fulfill his commitments in 3 years. Mr. Burton replied back to that a denial of the deal, would serve up a crushing blow to the project. Officials with Shaw Industries, threatened to stop construction, because they were afraid that without the money from the County, that SportsQuest would not have the funds to continue. Since then the project has gone down hill, with liens being filed against it by business that did work on the project, which will cost them legal fees to resolve. The State Attorney General has filed suit against the company, which will cause the state money. The Federal Government put at least 30 million of taxpayer money into the project. All this could of been prevented, if the BOS had not tried to be venture capitalist and developers, with our tax money. I think the most damning quote I could find in my research on this project came from Rob Ula'op of the Richmond Kickers, "We're going to be forced into working with SportsQuest," Is forcing someone to work with another company, truly a Free Market? Sports Quest Dorothy Jaeckle For Supervisor -Recent Issues - Doroth Jaeckle The second piece of the agreement is a similaz arrangement for gymnasium and senior center space. This 20-year transaction has a $2 million one-time payment. Again, we have a first lien on the real estate for protection. Our Pazks and Recreation department believes that the benefit we aze receiving from this component is faz greater than the cost, so we get more participation potential at a good price with security. The third component to the transaction involves the same arrangement we often make with companies we try to attract to the County. If, and only if, SportsQuest invests a minimum of $80 million and creates 400 jobs, it will receive the incremental tax revenue it generates for a set period of time. Brandermill Community Association -Funding for SportsQuest is "huge step forwazd" -Feb O5, 2010 The total allocation of Recovery Zone Facility Bonds now totals $30 million for the SportsQuest campus "The SportsQuest project is an outstanding opportunity to improve the quality of life and entertainment options for the families of Chesterfield County." Gecker says. "The county looks forward to the positive economic development impact that this project will bring." Richmond BizSense - Is Chesterfield Sports Facility a Quixotic Quest -Feb 8, 2010 -Aaron Kremer The project is also behind schedule. He told the Times-Dispatch in February 2009 that construction would start in spring 2009. In May 2009, he told Style Weekly that construction would start during the summer. There is still no construction on the site. Business owners in similar industries also wonder where he is getting his figures, such as the 10,000 members Burton says SportsQuest already has. (That figure, Burton said, is based on participants at current facilities that might be partners with SportsQuest, such as the two ice skating rinks and RISE, an indoor sports training wazehouse adjacent to the future SportsQuest campus.) For example, a news release on his website carried this headline: "SportsQuest Gets $15 Million More in Federal Stimulus Funds." "Steve is not a detail guy," Rowe said. "He's not an operator. He's a great visionary, but he wants to be an operator and believes he is." But even sports facilities that are full have trouble running a profit. Skating rinks, for example, might not be that much more profitable even if part of a large complex. Brad Robinson, who helped buy both SkateNation in Short Pump and the IceZone in Chesterfield with Burton as a passive investor, said the rinks would not run a profit if his company had to build them from scratch. Burton's plan involves all sorts of additional revenue sources, including sponsorships and even an Internet TV option. He said that he is in negotiations to lock in a seven-figure sponsorship. But Allan Harvie, who built the IceZone in the 1990s and ran the minor league hockey team the Richmond Renegades until it folded last year, said that sponsors are a fickle bunch. Burton envisions a profitable division called SportsQuest TV, which would let parents or fans watch programming over the Internet. Harvie said that he tried an Internet TV station for the Renegades and that the most viewers they ever had at once was 170. Style Weekly -Thin Ice -Feb 17, 2010 -Scott Bass Burton has produced no documentation that he has the finances or the wherewithal to build his $250 million, 250-acre sports complex near Brandermill. The clock is ticking. Tax-exempt bonds are scheduled to be sold in March, according to Burton's application to the county and the state to qualify for $30 million in federal Recovery Zone bonds. He also hasn't finalized the purchase of the 250 acres on which he plans to build the massive sports facility. SportsQuest owns a meager 5-acre plot in the nearby Waterford Business Park. The linchpin to the deal, Burton says, is the recent allocation of federal stimulus bonds -the $30 million in tax-exempt bonds -that he says will allow his company to access millions in institutional capital to pay for the project. The state awarded the $30 million in bond allocations to SportsQuest late last year, the largest in the metro area, intended for projects that are "shovel- ready," according to the governor's office. The only problem? The project doesn't appear ready for the shovel. Construction has yet to begin, and Burton has yet to show he has the money to make the deal fly. "There is nothing in this document that suggests this is shovel-ready," says an investment banker who specializes in public finance, after reviewing Burton's application to the state to receive federal stimulus bonds. The bonds, despite wide publicity to the contrary, are anything but a sure deal. The tax-exempt Recovery Zone bonds that Burton hopes to use to help finance the project will require a letter of credit from a financial institution - no easy task in today's tight lending environment -and investors who purchase the bonds will require proof that Burton has enough signed leases and revenue coming to cover the bond debt. He says so much money is rolling in that he won't even need a letter of credit. "We have sufficient revenue streams to support the bond issue," Burton says, explaining that much of the money will come from the players and fans. "Players of all the sports, fans watching the professional sports, and players in the weekend tournaments, those are the three primary sources of revenue." "We are going to open the east campus doors in 2010 with millions in revenue," Burton says. Construction is set to begin soon with at least nine of the fields completed by Labor Day, he adds. The rest, including the amphitheater, is scheduled to be complete by the end of the year. Even better, Burton says he has enough cash to build the first phase without a drop of bank financing. All told, he says he has $50 million in financial commitments from investors and other revenue streams. A local businessman and investor familiar with the project concurs. "In this market, dreamers are a dime a dozen," the investor says, calling the chances of Burton attaining financing as "remote." Chesterfield Observer -County Funding to Jumpstart SportsQuest -June 02, 2010 -Greg Pearson "The board needs to think of this as an investment and not an expenditure," said Gecker. Ron Stack, a former planning commissioner with no connections to SportsQuest, predicted the facility will be a successful draw for additional economic development, including sport tourism, health and physical fitness. "On the weekends, this will be tourism time," he said. "We're going to be forced into working with SportsQuest," said Rob Ulffop with the Richmond Kickers. Richmond Times-Dispatch -SportsQuest, Chesterfield County finalize deal - July 14, 2010 -Wesley P. Hester County Administrator James J.L. Stegmaier defended the county's expense as ashrewd -and safe -investment. "We have a belt, suspenders, heavy-duty elastic and rope around this deal," he said. "In the worst case scenario imaginable, we're going to get maybe 8 million or ~9 million worth of soccer fields for a small fraction of the cost." Chesterfield has also has been given a first deed of trust on the 116-acre east campus, meaning that if SportsQuest goes under, the county gets first rights to the property. "These kinds of ventures are perfect platforms for private-public partnerships," said Burton. "In our community, we're only beginning to explore this type of partnership, which is why there has been so much controversy." Style Weekly -Cold Feet -August 04 2010 -Scott Bass Chesterfield County's stroking a $4.3 million check to Burton to help jump-start the project with a 20-year lease, county officials and Burton engaged in combative exchanges about In a-mails between Hart and Burton a little more than a week later, however, those balance sheets had a $30-million hole. Hart sent Burton a tersely worded a-mail June 4 questioning SportsQuest's ability to secure $30 million in federal stimulus bonds. Hart wrote that Burton clearly wasn't in a position to float the bonds by June 15, which was the federal deadline at the time, nor had he requested an extension. Hart writes: "At this point, we do not believe this can happen, so the financial information that supports the Performance Agreement is incorrect and without the bond funds we do not see you being in the position to fulfill your commitment to the full project of $100 million in three years." Burton responds that the deal is complex, and that the $30 million in bonds aren't necessary to fulfill a key portion of the deal related to a $2 million performance grant tied to SportsQuest's investing $80 million and creating 500 jobs. Burton shoots back to Hart: "a last second denial of the $2MM would not only serve up a lob for a crushing public blow to SportsQuest which is not only undeserved, but would be an act of bad faith given our historic discussions / commitments." But issues remain. The county was able to negotiate an agreement that secures its $4.3 million investment with a lien on the property until the fields are complete. As for the larger project's financing, Hart expresses concerns that Burton isn't taking the issue seriously and hasn't submitted the prerequisite proof - including a detailed financial audit and market feasibility study -that the bonds will sell. .w. In previous interviews, Burton told Style that he had the capital and millions of dollars in revenues to develop SportsQuest without the county's investment. In February, Burton said he had $50 million in financial commitments from investors and other revenue streams. His project was so flush with cash, Burton said at the time, that the first phase of the project -including the 17 turf fields, an amphitheater and now a senior center -would be constructed with "zero debt." But the a-mails show Burton desperately needed the county's $4.3 million to finance the project. "Shaw's decision not to fund further draws until the county closing has placed our project at risk for fall opening," Burton says inane-mail to Hart on June 24, referring to Shaw's commitment to provide $15 million in artificial turf for the 17 fields. "The net would likely be a divorce between [SportsQuest] and the county, which would be at best difficult to manage in today's difficult political climate." Chuck Dobbins, director of corporate assets for Shaw Industries, which is installing $15 million in turf, sent Hart an urgent a-mail in late June threatening to stop construction on the fields if the county didn't close on the $4.3 million agreement with Burton by June 30. Officials at Shaw didn't return calls seeking comment by press time. Hart says Shaw didn't receive any of the $4.3 million, and was concerned about the status of the overall project. "None of it went to Shaw," Hart says of the $4.3 million. "They were trying to make sure [SportsQuest] had enough money." "For your information, we are sending [Burton] a notice today related to our rights due to the failure to close by June 30," Dobbins writes to Chesterfield's Hart inane-mail July 2. "I really need these issues resolved this morning so that I can avoid needing to completely stop the project." Richmond Times Dispatch -SportsQuest Timeline -Dec 11, 2011 -Times Dispatch Staff June 2010: county commits $4.3 million for pre-lease of fields and for creation of senior center and other amenities June 2011: Daktronics files a mechanic's lien for $172,950 Sept. 2011: Farmville Excavation files a mechanic's lien for $96,576 Sept. 2011: SportsQuest Academy opens with about 24 players December 2011: Watkins Nursery files court complaint over $16,700 worth of landscaping Richmond Times Dispatch - State sues SportsQuest over health club contracts -Feb 09, 2012 - Zachary Reid "From at least May 11, 2011, SportsQuest sold health spa contracts that disclosed a projected opening date that has passed without seeing the opening of the Genito Road facility," the suit said. The suit also said that in November, the attorney general's office reached a written agreement with SportsQuest to take care of the problem. But SportsQuest "has failed to live up to the prepayment contract refund and reporting obligations of the agreement," the suit said. Richmond BizSense -Parts of Sports Quest for Sale -Feb 9 2012 -Aaron Kremer The blog post also said that various elements of SportsQuest are being split into separate ~, businesses and that some are for sale: "Two groups are now engaged in separate acquisitions of two of the businesses: the Academy and Membership. Its seems likely that these transactions will close in the weeks ahead. The net result will be a more sharply focused business with new ownership. We are also actively engaged in discussions with three parties who have a strong interest in working collectively to acquire the Events business and drive this forward. This process will likely take a few months to bring to a close given the larger overall scope of the transaction." Sports Richmond -More Bad News for SportsQuest -Feb 11, 2012 -Heather RichmondBizSenserepnrted that SportsQuest had not even paid their taxes, owing Chesterfield County approximately $75,000. Chesterfield Obeserver -County's SportsQuest Investment Safe, Official Says -Feb 15, 2012 Michael Buettner Any change in ownership should not affect the county's $4.3 million agreement to lease several of SportsQuest's athletic fields and facilities, according to Mike Golden, director of the Chesterfield Parks and Recreation Department. Golden said in a phone interview that the county's contract with SportsQuest includes a provision that any new owner will be required to either honor the agreement or pay back the county's investment. The county still expects to get the use of the promised facilities, he said. Style Weekly -With Conch in Pursuit, SportsQuest Partners Split -Feb 13, 2012 -Scott Bass It's unclear where that leaves SportsQuest's biggest known investors -- Chesterfield County taxpayers. In July 2010 the county agreed to pay SportsQuest $4.3 million to lease 17 outdoor fields for 20 years, along with ayet-to-be-constructed senior center and gymnasium. The county was to begin using those facilities in January, according to the agreement. Village News - A Black Eye, Bloody Nose and A Fat Lip -Feb 15, 2012 -Mark Fausz It was reported last week, thatSportsQuest had a lien filed at the end of January of almost $500,000 by a contractor owed for excavation at the site; "separate acquisitions of two of the businesses: the Academy and Membership."Construction has stalled on the project. "I am concerned, however, the entity is a private one wherein we have an agreement," said Jim Holland, Dale district supervisor. "I am hopeful that the project will succeed and achieve its potential." Chesterfield made a significant contribution to the partnership with SportsQuest, but it has the potential to add more than $6 million annually in local tax revenue and create hundreds of jobs when completed. ~. iii _ i ..~~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: February 22, 2012 Item Number: 17.A. Subject: Public Hearing to Consider Lease of Real Property at Henricus Historical Park to The Henricus Foundation County Administrator's Comments: County Administrator: Approve the lease of real property at Henricus Historical Park to The Henricus Foundation. Summary of Information: Since 1993, Chesterfield County has been working cooperatively with Henrico County and The Henricus Foundation ("Foundation") to develop and operate the Henricus Historical Park. In 1996, Chesterfield County granted the Foundation permission to construct a visitor's center and other improvements in the Park. In 2006, Henrico County, the Foundation, and Chesterfield County entered into an operations agreement ("Agreement"), which further delineated the respective responsibilities of the parties with respect to development and operation of the park. Over the years, with the financial support of Chesterfield and Henrico counties and the receipt of grant funds, the Foundation has overseen construction of several capital facilities in the park, such as the gift shop/restroom building, Education Center building, Ordinary, Mount Malady, Rocke Hall and the planned church building. Preparers Michael S. Golden Attachments: ^ Yes Title: Director, Parks and Recreation ^~~ 0 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Summary of Information: (Continued) Under the existing arrangement, all improvements built by the Foundation become the property of Chesterfield County once constructed. In light of the significant investment the Foundation has made on Chesterfield County property, and the fact that the Foundation has primary responsibility for operation of the park, the Foundation Board has requested that Chesterfield County grant it a leasehold interest in the real property for a specific term as described below to replace the existing license agreement. The Foundation believes that having a lease on the fixed assets of the site will help it with future efforts to receive donations and grants. Under the terms of the lease, the overall responsibilities of the parties as they currently exist related to the operation of the Park will not change, and the lease incorporates by reference the terms of the existing Agreement. The most significant change will be that the lease will convey a real property interest in the capital assets of the Park, which will aid its future fundraising efforts. There will, however, be no detrimental impact on the interests of Chesterfield County. Staff had originally proposed a lease term of ten (10) years, but the Foundation requested that the Lease term coincide with the term of the Agreement, which expires in 2015. The terms and conditions of the Agreement and Lease will be reviewed and amended, if necessary, at that time. Parks and Recreation staff recommends that the Board of Supervisors approve this lease request. LEASE AGREEMENT THIS LEASE AGREEMENT (the "Lease") is made and entered into this day of 2012, by and between the COUNTY OF CHESTERFIELD, VIRGINIA ("County") and HENRICUS FOUNDATION (the "Foundation"). WITNESSETH WHEREAS, County owns land adjacent to the James River located in the County of Chesterfield and the County of Henrico, known as Henricus Historical Park ("Henricus"); and WHEREAS, the Foundation is anon-profit corporation established to generate public interest in, and act to preserve, restore, reconstruct or otherwise maintain historical structures, objects, works of art and locations, and to promote, encourage and carry on any historical, interpretive, research or educational activities relating to the site of the "Citie of Henricus"; and WHEREAS, County and the Foundation entered into a Memorandum of Understanding dated July 28, 1993, a License Agreement dated August 5, 1996, and an Agreement dated September 1, 2006 ("Operations Agreement") all of which together memorialize and further delineate the parties' intent to jointly develop and operate Henricus; and WHEREAS, the Foundation has constructed a visitor's center and made other capital improvements at Henricus, in addition to overseeing construction of several other capital improvements at Henricus, all of which have become the property of the County; and WHEREAS, the Foundation, pursuant to agreements with the County, has primary responsibility for operation of Henricus; and WHEREAS, the Foundation has requested that the County grant it a leasehold interest in Henricus, and the Chesterfield County Board of Supervisors has determined, after a public 0623:87416.1 1 hearing, that granting the Foundation a leasehold interest in Henricus is in the public's best interests; NOW, THEREFORE, for and in consideration of the mutual undertaking of the parties contained herein, the County and the Foundation hereby covenant and agree, each with the other, as follows: 1. Grant. The County hereby grants and conveys to the Foundation a leasehold interest in the land and improvements known as Henricus Historical Park as delineated and described specifically in Exhibit A excluding the property, if any, which may be owned by the County of Henrico. The County will charge the Foundation no rent for the Lease. In consideration of the Lease, the Foundation shall, for and on behalf of the County, manage, maintain, operate, and improve Henricus for the use and pleasure of the citizens of the County and all other interested persons upon the terms and conditions contained herein and in accordance with the terms of the Operations Agreement between the parties dated September 1, 2006 which is hereby incorporated by reference and attached as Exhibit B. 2. Term. The term of this Lease shall coincide with the term of the Operations Agreement. 'The Lease shall commence on February 22, 2012 and, as provided in section VI.A. of the Operations Agreement, shall expire on September 1, 2012 unless renewed for an additional three year term, in which case, the Lease shall expire on September 1, 2015. 3. General Provisions. a. This Lease is not assignable by the Foundation without the prior written consent of the County. b. The provisions of this Lease are severable; the invalidity of any provision hereof shall not affect the validity of any other provision contained in this Lease. 0623:87416.1 2 c. This Lease may be simultaneously executed in two or more counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. d. All notices shall be given in writing as follows: If to Chesterfield County: If to the Foundation: James J. L. Stegmaier County Administrator 9901 Lori Road Room 500 Chesterfield, Virginia 23832 Chairman The Henricus Foundation P.O. Box 523 Chesterfield, Virginia 23832 Witness the following signatures. 2012 COUNTY OF CHESTERFIELD, VIRGINIA By: James J. L. Stegmaier, County Administrator Commonwealth of Virginia, County of Chesterfield, to-wit: I, , a Notary Public in and for the County and State aforesaid, do hereby certify that this day personally appeared before me in my jurisdiction aforesaid ,for the County of Chesterfield, Virginia, whose name is signed to the foregoing writing and acknowledged the same before me. Given under my hand My commission expires: Registration Number: 2012. NOTARY PUBLIC 0623:87416.1 3 The HENRICUS FOUNDATION By: 2012 Chairman Commonwealth of Virginia, City/County of , to-wit: I, , a Notary Public in and for the City/County and State aforesaid, do hereby certify that this day personally appeared before me in my jurisdiction aforesaid ,for The Henricus Foundation, whose name is signed to the foregoing writing and acknowledged the same before me. Given under my hand My commission expires: Registration Number: 2012. NOTARY PUBLIC 0623:87416.1 4 EXHIBIT A . . ~EB~R.~~ HENRICUS HISTORICAL PARK CWNTY I Chesterfield County, Virginia Parks and Recreation .,.9 ,Iq ows~ ER Gazebo 11•\ enic Bluff Dutch Gap Rocke Hall Conservation Area '_' ~ ~' ` Old Li htkee s House _ ` ,~~ ~ _ e~\a~a5 A_. ~ ~ 1~1 ~ Plantation House O -- ~ _ ; ~ Mt. Maladv ~~ -~ Blacksmith & Tradesmen Tavern ,`` Citie- H°us~ '~~ Tobacco Barn Floating Dock Court de Guard_ ~ /' ,,v<~` ~ ® Chicken Coo Entrance Ga <`_tr ~ ' <<<<` ~ Ci ~ ~ Plantation Cro s ,,<<<<`<< ~ ; Citie Barn `~ c~ ~~~ Arrohateck Indian Villa e, ~ >~ '~ - ~ , Henricus ~ ;- / .. o .. - - ~, ,` Visitor Center ~~~ 8~ Gift Sho __ _ Education Center PARK DATA & Administration w Acres: 22.8 a Miles of Trails: 0.89 Virginia Power .. - FIyAsh Field ~ ~ - - Parking Spaces: 56 w Magisterial District: Bermuda °°° .'=~`~~ ~ Maintenance District: 6 .:: _;" ~i~iE~ GPIN: 8136614578 ;~:~}s~`~ SPECIAL FEATURES visitor Center 'pi '<< < Gift Shop ~, ; ' 'Z ~ ~aQ Dutch Gap Education Center -~~~, Jar Conservation Area LEGEND ~ b i i- z o i t O ~=Parking Lot Feet ®= Restroom Henricus Park Information: (804)748-1613 o so 100 zoo soo aoo ~=Trails Email Contact: henricus1611 @aol.com .v =Bridge Website: www.henricus.org Address: 251 Henricus Park Road ®= Gardens Emergency: 911 Non-emergency: 748-1251 Chester, VA 23836 ~**=Fence ~XN1B11~~ AGREEMENT CONCERNING HENRICUS HISTORICAL PARK THIS AGREEMENT concerning HENRICUS HISTORICAL PARK (the "Agreement") is made and entered into this l day of September 2006, by and between the COUNTY OF CHESTERFIELD, VIRGINIA ("Chesterfield") and the COUNTY OF HENRICO, VIRGINIA ("Henrico'~ (collectively "the Counties"), and HENRICUS FOUNDATION (the "Foundation"). In consideration of the mutual promises and undertakings herein contained, Chesterfield, Henrico and the Foundation agree as follows: I. Overall Agreement The Foundation shall, for and on behalf of the Counties, manage, maintain, operate, and improve Henricus Historical Park ("Henricus") for the use and pleasure of the citizens of the Counties and all other interested persons upon the following terms and conditions. The mission of the Henricus Foundation is "to generate public interest in, and preserve, restore, reconstruct or otherwise maintain historical structures, objects, works of art and locations, and to promote, encourage and carry on any historical, interpretive, research, fundraising, etc., or educational activities relating to the site of the "Citie of Henricus". All plans for major public events and capital construction projects shall be joantly approved by the Foundation and the Counties. II. Duties and Responsibilities of the Foundation The Foundation sha11: A. Be responsible for the strategic direction and improvement. of H_enricus, including its furnishings and grounds, ~as a quality historical park. - B. Report semi-annually to the County Administrator/Manager of each County on the operatior. of Henricus, including the annual financial statements reported on by the Foundation's independEnt certified public accountants, on all expenditures for improvement, operation and maintenance of Henricus, and shall account fully for all funds advanced to the Foundation by the Counties either for capital projects or operating fiords for aid in such purposes. C. Keep its books and financial records open to inspection and audit by the Counties, including its duly authorized designees, at reasonable times and at reasonable.places upon written request by either County. D. Obtain the prior written approval of the Counties before undertaking any permanent changes to Henricus, not shown on the approved and attached Master Plan and exceeding $20,000 in cost. E. Be responsible for the selection of all new equipment, furnishings and fixtures required for each building and structure in Henricus, including the Education Building and Visitor's Center, subject to prior concurrence by the Counties. F. Be responsible for the employment, evaluation, and discharge of the Executive Director of Henricus, subject to consensus approval of a Special Committee comprised of the Executive Committee of the Foundation and the County Trustees, one trustee from each County. The chairman of the Henricus Foundation will preside over the Special Committee meetings. The Foundation will also be responsible for setting the overall strategic .direction for the Executive Director's work. G. Provide for Foundation Directors and Officers liability insurance, in a form and amount approved by the Chesterfield County Risk Manager. H. Agree to recognize and acknowledge the Counties in all public relations efforts. III. Executive Director The Executive Director will be chazged with accomplishing the overall mission of the Henricus Foundation within the framework outlined in this agreement. The Executive Director shall work under the daily direction of the Chesterfield County Parks and Recreation Director. Such daily direction shall be consistent with the overall mission of the Henricus Foundation and in accord with Chesterfield County policies and procedures. Duties to the Foundation A. The Executive Director shall work with the Foundation Board to develop and promote the overall strategic plan and direction for Henricus. B. ?,.t the direction of the Foundation, the Executive Director shall be responsible for the overall promotion of Henricus including a plan that promotes educational programs, tourism and fundraising opportunities. C. The Executive Director shall be responsible for execution of the approved Master Plan for Henricus `in accordance with the timing and amount of appropriations provided by the Counties and other designated fenders. D. The Executive. Director shall assist the Foundation in development of historical research and preparation of interpretive programs and presentations. E. The Executive Director shall provide quarterly financial reports to the Foundation and perform other activities and duties as required by the Foundation. F. The Executive Director will prepaze grant requests and otherwise assist the Foundation in fundraising concepts and promotion under Foundation direction. Duties to the Counties A. The Executive Director shall be responsible for the daily supervision of all personnel assigned to Henricus as determined by Chesterfield County's Parks and Recreation Director. B. The Executive Director shall be responsible for the fiscal planning, oversight and management of both the operating funds provided to Henricus as well as the capital funds provided for construction and execution of the approved Master Plan. This responsibility shall include providing, at a minimum, quarterly financial reports to the Counties and Foundation, as well as preparation aTd coordination with the counties in the development of the requested operating budget. N. Powers of the Foundation A. The Foundation may contract on its own behalf for expenditure of Foundation Funds and not as an agent of the Counties, with third parties for the provision of goods and services in connection with the discharge of its duties under this Agreement, and the Counties shall not thereby become the principal under any such contract, but shall only be a third party beneficiary thereunder. All such contracts shall contain insurance and/or bonding requirements as required by the County Risk Manager. The Foundation agrees to follow public procurement guidelines when contracting for expenditures over $10,000.. B. All contracts for expenditure of capital County funds of over $100,000 shall be obligated and administered by Chesterfield County in cooperation with Henricus representatives. C. The Foundation shall plan and implement the educational programs at Henricus, subject to concurrence ofthe Counties. D. The Foundation shall have the power to impose such reasonable restrictions as it may deem necessary or desirable to protect the general rights of the public to access at reasonable times and for reasonable purposes including the power to establish the opening and closing hours for Henricus and its exhibits and buildings, subject to concurrence of the Counties. E. The Foundation, in its discretion, may collect reasonable fees for admission to Henricus and its programs and exhibits, and reasonable rental fees for use of the facilities and may establish policies and procedures for the implementation and collection of those fees. The setting of such fees shall be subject to review by the Counties. Rentals or other events allowing consumption of alcohol shall be incompliance with applicable state ABC regulations and Chesterfield County policy. F. The Foundation may contract with others to operate certain ancillary concessions at Henricus and may charge for meals, goods, or services offered for sale to the. public. All such operations shall be in compliance with required state and local permits and regulations. G. Operating proceeds received by the Foundation shall be used for the improvement, operation, and programs of Henricus. H. The Foundation shall have sole and unrestricted power to use any and all funds received through its efforts at solicitation, but in accordance with the terms of any non-County grant and approved Foundation budget obligations. I. The Foundation is hereby authorized to solicit private and public funds and to apply for federal and state funds for the improvement, operation or programs, of Henricus. Such solicitations shall be subject to approval by both Counties where County matching funds are required J. The Foundation shall provide and pay for Trustee's and officer's liability insurance and -such other insurance as it deems appropriate. V. Duties of the Counties A. The Counties shall assist the Foundation by providing the following maintenance functions and services as defined within the Foundation's approved budget and not otherwise covered by Foundation Crrants. 1. All staff and employees of Henricus, including the Executive Director, shall be employees of Chesterfield County and subject to all of its policies and procedures; including payment of salaries and wages and provision of all Chesterfield employee benefits to which they are entitled. 2. The Counties will provide and pay for all grounds maintenance such as, but not limited to, mowing, trimming, landscaping, and leaf and snow removal. 3. Provide and pay for all repair and replacement to all buildings and systems at Henricus including, but not limited to, routine maintenance to include heating, ventilating, and air conditioning (HVAC) equipment inspection and repairs, HVAC filter replacement, plumbing, electrical and structural repairs and maintenance of all access roads, security systems and fire protection systems. 4. Be responsible for the payment of operating expenditures and all utilities including the cost of electrical, water service and telephone or other communication .services. B. The Counties shall provide insurance in amounts to be determined by the Chesterfield County Risk Manager, whether through Chesterfield County self-insurance or purchased insurance in °the interest of the Counties and the Foundation, including the following: 1. ~ Commercial property insurance including boiler and machinery and crime perils for all buildings, fixtures and equipment of the Counties and Foundation; 2. Employee dishonesty insurance extended to include authorized volunteers acting within their capacity as such; 3. Commercial general liability_and umbrella insurance; _ 4. Automobile liability non-ownership insurance; 5. Worker's compensation insurance. C. The Administrators /Manager of each County will propose the necessary funds in combination with other grants -and donations in their respective budgets to complete construction over time of all buildings and structures in the approved and attached Master Plan as well as to provide for the ..-.«,,.,1 ..«e...,+;.,« n...i .nnirhur,n~nn of+11PCP fonili+iac 'T'ea •~mniint ~f+ho nn„n+inn~ ~i,nrl+„n ~xrill }1p determined annually by appropriation from the Board of Supervisors of each County. The completion of the Master Plan will be subject to amendment of the Plan as well as budget considerations. The Henricus Foundation will commit to its best efforts to raise supplementary funds for these purposes. VI. Term of Agreement A. This Agreement shall be effective September 1, 2006, shall continue until September 1, 2009, and shall automatically renew itself for two (2) additional terms of three years each, unless or until terminated. B. This Agreement may be amended by written agreement signed by all parties. C. This Agreement may be terminated with or without cause, by six months written notice by any party unless otherwise agreed in writing. In the event of termination, all funds advanced to the Foundation by the Counties for capital improvement, operation, programs, or maintenance of Henricus and not obligated by the Foundation for such purposes by the date of termination shall be returned to the Counties within 60 days of the date of termination. D. If the Agreement is terminated by the Foundation pursuant to VI.C. above, or if the Henricus Foundation ceases to operate or exist, the Henricus land shall revert to Chesterfield County with the exception of the acreage located within the bounds of Henrico County generally occupied by the town or settlement of Henricopolis in 1622, which would revert to Henrico County. The improvements thereon maybe leased to the Foundation, subject to mutually agreeable land lease terms. In the case that such agreeable terms are not reached, the assets of Henricus will be transferred to the Counties for the purpose of operating the Henricus Historical Park. If the Counties cease to operate Henricus Historical Pazk, all historic assets (including but not limited to antiques; artifacts; letters, books and other historic documents; and historic reproductions) previously transferred by Henricus to the-Counties shall, to the extent legally permissible, be donated or sold to historic, charitable or eleemosynary entities who have a legitimate interest in such historic assets and will appropriately preserve, restore, study and exhibit such assets. VII. General Provisions A. This Agreement is not assignable by the Foundation without the prior written consent of the Counties. B. The provisions of this Agreement are severable; the invalidity of any provision hereof shall not affect the validity of any other provision contained'in this Agreement. C. This Agreement between the Counties and the Foundation is not intended as a waiver of sovereign immunity or any other defense that the Counties or the Foundation may assert against a third party. Notwithstanding anything to the contrary, nothing in this Agreement is intended or shall be construed to require either party to indemnify or hold harmless the other party. D. This Agreement maybe simultaneously executed in two or more counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. E. Ail notices shall be given as follows: If to Chesterfield County: Lane Ramsey .County Administrator 9901 Lori Road Room 500 Chesterfield, Virginia 23832 2. If to Henrico `County: 3. If to the Foundation: Witness the following signatures. 2006 .~~7~ /(~ , 2006 Virgil R Hazelett, P.E. County Manager 3d Floor, Administration Building 4301 East Parham Road Richmond, Virginia 23228 try ~) P. 0. Box 27032 Richmond, Virginia 23273-7032 Chairman The Henricus Foundation P.O. Box 523 Chesterfield, Virginia 23832 CHES IELD C ,VIRGINIA By: e Ramsey, County dminis ator HENRI O - By: ~ Virgi . Hazelett, unty Manager The HE S FO I0~ By: ~ ~' 2006 Chairman Approved as to form: Senior Assistant County Attorney Chesterfield County, Virginia Approved as to form: Jl County ttorney Henrico County, Virginia ADVERTISING AFFIDAVIT Client Description Ad Size Cost (per issue) Chesterfield County LN: Henricus 2-15 Board of Supervisors 1/20P - .5 in $218.23 The Observer, Inc. Publisher of TAKE NOTICE Take notice that the Boazd of Supervisors of Chesterfield County, Virginia, at an adjourned meeting on February 22, 2012, at 6:30 p.m. in the County Public Meeting Room at the Chesterfield Administration Building, Rt. 10 and Lori Road, Chesterfield, Virginia will hold a public hearing where persons may appear and present their views concerning: Lease of real property at Henricus Historical Pazk to The Henricus Foundation. If further information is desired, please contact Mr. Mike Golden, Director of Parxs and Recreation at 748-1078, between the hours of 8:30 a.m. to 5:00 p.m., Monday through Friday. The hearing is held at a public facility designed to be accessible to persons with disabilities. Any persons with questions on the accessibility of the facility or need for reasonable accommodations should contact Janice Blakley, Clerk to the Board, at 748-1200. Persons needing interpreter services for the deaf must notify the Clerk to the Board no later than Friday, Febru~e 17, 2012. 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): 2/15/2012 Sworn to and subscribed before me this 17 ~ day of -~ -~ ~ , 2012. '~~ /1 ~~ ~,egal Affiant ,~ es T, Grooms Jr., otary Public My commission expires: February 29, 2012 Commission I.D. 7182093 (SEAL) GRp ~' ~'(• 0 '~ : r~ y ;- o EX?IAE~ o~ ; ~ Q ~ " 02-29-12 -~ is711l2493 ~~ . ~~~~''~~TQ R Y PU ~~~~~'`. TTii['v i["~ 1.1Am llll~ iu i~vi H DILL. rJ<.~l~ar, i"AY t'KV1Vl 11V VVll,l'.. 1HA1VK YUU. P.O. Box 1616. Midlothian, Virginia 23113 • Phone: (804) 545-7500 • Fax: (804) 741-3269 • Email: news~a%chestertieldobserveccom • Internet: www'.chester6eldobserveccom CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 __ AGENDA ~He Meeting Date: February 22, 2012 Item Number: 20. Subject: Adjournment and Notice of Next Scheduled Meeting of the Board of Supervisors County Administrator's Comments: County Administrator: Board Action Rectuested: Summary of Information: Motion of adjournment and notice of the Board of Supervisors meeting to be held on March 5, 2012, with dinner at 5:00 p.m. in Room 502 and budget presentations to follow at 6:00 p.m. in the Public Meeting Room. Preparers Janice Blaklev Attachments: ^ Yes Title: Clerk to the Board ^ No # 0000$1