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2016-11-16 Packet0431191114=114 BOARD OF 5111PER115 s __ 1 •4. Page 1 of 1 Meeting Date: November 16, 2016 Item Number: 2.13. Subiect: County Administration Update County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: The Accounting Department has completed preparation of the county's FY2016 Comprehensive Annual Financial Report (CAFR), which includes financial statements audited by Cherry Bekaert, LLP, independent auditors. Robert Churchman, the engagement partner from Cherry Bekaert, LLP, will be at the meeting to formally present a report on the CAFR to the Board as required by the Code of Virginia. Preparer: Patsy J. Brown Attachments: El Yes Title: Director of Accounting CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 1749 AGENDA �RGIN�' Meeting Date: November 16, 2016 Item Number: 2.C. Subject: County Administration Update - Dominion Virginia Power Presentation County Administrator's Comments: County Administrator: Board Action Request Summary of Information: Mr. James Beazley, Manager -Regional, State and Local Affairs, Dominion Virginia Power, will update the Board of Supervisors on activities of Dominion Virginia Power. Preparer: Louis Lassiter Title: Deputy County Administrator Attachments: 0 Yes F-1 No # � Midlothian Local Office ° Chesterfield Power Station � 11/3/2016 1 11/3/2016 OUR PRIORITIES • Dependable, Reliable Energy at Affordable Rates - According to Edison Electric Institute, Dominion's residential electricity rates are 26% below the average of all East Coast Utilities & 35% below the national average of all utilities. • Cleaner Energy for Our Customers • Dominion has reduced emissions that cause smog and acid rain by 91% and carbon by 23% since 2000. • Innovative solar installations through various partnerships. • Strengthening Our Communities • I in 5 hires is a veteran due to our Troops to Energy Jobs program. • Dominion's recently expanded EnergyShare Program committed $57 million by 2020. 3 � r�l .0"Li 2 • Postpone outdoor activities. = Getinoide-tahecover. 6M ° Avoid showering or bathing as plumbing and bathroom fixtures can conduct electricity during thunderstorms. = Secure outdoor objects (grills and lawn furniture) that could blow away orcause damage. = Unplug appliances and electronic items such ascomputers, televisions and air conditioners. � Make sure you have flashlights and abattery-powered radio inaneasy to find place. ° Charge cell phones in advance ofsevere weather. �Safety is paramount before, during, and after S1O[Dn ° Safety & storm preparation tips shared via social media &megiapartners " Customers with medical needs are notified inadvance ofpossible multi -day power outage � Field c[eVVS and support teams follow strict safety guidelines: ° tokeep employees and customers safe during inclement weather = toallow for adequate rest time throughout the restoration effort 11/3/2016 3 M� 6. Services S— idMd—1 cusromee ,,I nwdrlpsaeem.r S. Individual Transformers Raduca —66 I=, to <usroa,ar 7 CONTINUOUS RESTORATION Safety Meeting & Work DAY F Repairs Made & Job Completed Package Review Patrol Future Work Work Packages Delivered to Crews 01, Work Type Assessment & Th. il— 1n this diagram 1h.. It. Define Resources pr 61Y f., —1-6— of 0. Available Assembly] Commitment to I;- ..d POk.j ph. - f.,Jifi- &911 .,. 4 part Af Work Packaging and 6. Services S— idMd—1 cusromee ,,I nwdrlpsaeem.r S. Individual Transformers Raduca —66 I=, to <usroa,ar 7 CONTINUOUS RESTORATION Safety Meeting & Work DAY F Repairs Made & Job Completed Package Review Patrol Future Work Work Packages Delivered to Crews 01, Work Type Assessment & Define Resources Package Available Assembly] Commitment to Restoration Times Work Packaging and for Customers Crew Assignment Crews continue working overnight Customer Restoration Update 8 11/3/2016 4 11/3/2016 3, 7 11/3/2016 (sE) OilyMe Wyndham 'Goochland 0 Maidens Short Pump Glen Allen ("JO Powhatan oVI RicIhniond �iian on'Air M Cion "o Chula I 4uarter Winterharn Chesterfiel lr o k Hopewell "Ir 1� 1-fMOIS 6 ATLANTIC COAST PIPELINE irl +wrie What is the Atlantic Coast Pipeline (ACP)? • Ajoint ownership venture with four energy companies to build an interstate natural gas transmission pipeline ® Will serve the growing energy needs of Virginia & North Carolina Pipeline Specifics: • Total Capital Investment: Approximately $5 Billion • Completion: Pending regulatory approvals, ACP is expected to be in service in 2019 CONSTRUCTION ESTIMATED TO GENERATE: $2.7 billion Total construction economic activity supporting 17,240 Jobs $4,2 million Annually in total tax revenue for local governments . —..j ONGOING OPERATIONS: 2,200jobs supported $377 million average annual cost savings $28 million average annual local tax Ae— 111— . . . . revenue ....... ... Joint Ownership Venture:5112D.tea M., DUKE AENERGYNSouthern Company Ga -,13 ,,W,M C— �;d' Sou a 11/3/2016 7 * Largest Solar Installation ® 8,000 Ground -Mounted Solar Panels ® Under optimum conditions, will power 500 homes ® Solar Partnership Program Participants Dominion provides energy efficiency improvements to eligible customers. Providers: local weatherization agencies Audits: vendors schedule with customers Installed measures: identified in the audit J,, LED light bulbs o Faucet aerators 0 Attic insulation pa, High -efficiency central furnace fan motors o, Low -Flow showerheads o Water heater pipe wrap insulation Heat pump & A/C tune-up o, Air sealing 11/3/2016 15 7,000 Homes Weatherized 6,00 Multi -Family Homes 5-15% Savings Annually for Multi - Family Homes 900 Single -Family Homes :10-:15% Savings Annually for Single Family Homes 16 34�_4 P11 8 0M Conservation measures are immediate savings. Saving on your bill is easy. o Every home is different P/,, A home energy audit can help pinpoint your trouble spots Top 10 Ways to Save: 1. Turn off lights, unplug equipments not in use, or use power strips Z Keep the fridge between 36' and 39' 3. When possible, use cold water to wash clothes 4. Wash only full loads of dishes and clothes 5. Lower the water heater to between 120' and 125'. 6. Select the air dry option instead of the dishwasher's drying cycle 7. Insulate hot water pipes and water heater tank H. Look for the ENERGY STAR® label 9. Clean filters- dryer lint filter after every use, air filters every other month 10. Turn heat or air conditioning off (or close registers) and close doors to unused rooms 11/3/2016 17 � 7. '1 P *.� PI 9 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 1749 AGENDA JR?- Meeting Date: November 16, 2016 Item Number: 2.D. Subiect: County Administration Update - Sidewalks Project Presentation County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Mr. Chris Lee will provide details of the Sidewalks Project, which was completed during his summer internship in the Planning Department. Mr. Lee is now employed as a full-time automation analyst in the Real Estate Assessor's office. Preparer: Kirk Turner Title: Director of Planning Attachments: 0 Yes F-1 No # Chesterfield Sidewalks Project Chris Lee Intern Chesterfield County Planning Dept. August 23rd, 2016 Project Purpose a Digitize and quantify all of existing sidewalks and their attributes within Chesterfield County o Assess any discernible relationships between a number of major factors Project Method ' a Digitization was systematically identified through ■ Pictometry ■ 2014 state aerial maps ■ Google Maps a Data was then plotted on a shapefile using ArcGIS a Accompanying data was filled in the attributes table Project Goals ' a Provide a comprehensive spatial overview of Chesterfield County's sidewalks along with determining how they relate with factors such as: ■ Subdivisions ■ Non -Limited Access Roads ■ Public Facilities a Create a foundation to track and update existing and upcoming data efficiently Sidewalks within Chesterfield County Total Estimated Length Sidewalks '- Legend i 1,127,233 ft. (241 Miles) * By Feet Total Estimated Length of Roads ; Legend -: �'� c �•__--�-:.. �r 13,205,525 ft(2,501 Miles) n - r tlk Sid°N -10-15 -9% of total streets have an adjacent sidewalk :.� ' - •1_ . , Y cs ' ' 4 •d z : x _•' `� *x+15['1" rw'• ........� e,.. ,,w Sidewalk widths within Chesterfield County ` Legend i Sidewalk Width By Feet 3-4 6-7 -: �'� c �•__--�-:.. �r -10-15 - x ' ' 4 z Sidewalks Statistics o Currently there are 2,436 accounted existing sidewalks segments in Chesterfield ■ Mean width is 5 ft which accounts for approximately 51% of the total 1,500 1,000 500 0 Frequency Distribution 3.0 4.3 5.7 7.0 8.4 9.7 11.0 12.4 13.7 Major Roads in Chesterfield County Legend - FJW Hundred Road ---- - Iron Bridge Road Robious Road - Hull Street Road - Huguenot Road - JeRerson Davis Hlghway t, - Midlothian Turnpike v /1 � tfP l_. Legend t Mile Buller Zone 0 Major Roads Buffer Zones in Chesterfield County Legend Hundred Road -. / .... Iron Bridge Road ROMoua Road Hull Street Road — Huguenot Roed — Jefferson Davin Highway — Midlothian TUmpike 0 o a �.. �.«�.... Mill. r«r.«. w.�w. a«w.wrw.«wr e«+w.�rl na.vw Major Roads Sidewalks and Buffers in Chesterfield County Legend Hundred Road _i ------- Iron Bridge Road Legend t Robkws Rota — SNfewaace within Buffer - " - f-� ` _ ` — Hull Street Rod — Sidi—lkn outside Buffer n_ « �� S Huguenot Road I Mile Buffer Zone Jefferson Devie Highway i` v tJ •� '_' t — Mklbthien Turnpike Ct t ur. Major Road Overview o Total estimated length of major roads in Chesterfield County ■ 834,957 ft. (158 miles) a Total estimated length of sidewalks within a 1 mile buffer of major roads ■ 970,711 ft. (183 miles) o Total estimated length of sidewalk alongside major roads ■ 94,923 ft. (18 miles) Buffer Zone Statistics � o Ratio of total roads to sidewalks within the 1 mile buffer in feet o Smallest ratio ■ Jefferson Davis Highway, 1:0.05 o Largest ratio ■ Robious Road, 1:0.19 Buffer Lone Chart Road Road Length (ft) Sidewalk Length (ft) Ratio E/W Hundred 1,082,064 140,667 1:0.13 Iron Bridge 1,156,960 164,609 1:0.14 Robious 874,530 166,872 1:0.19 Hull Street 1,836,494 171,587 1:0.09 Huguenot 684,218 83,265 1:0.12 Jefferson Davis 1,654,958 85,509 1:0.05 Midlothian Turnpike 1,432,855 158,202 1:0.11 Alongside Major Roa Sidewalk Findings o Sidewalks that run alongside a major road only account for about 11% of the sidewalk length in Chesterfield ■ Ratio of total accompanying sidewalks to all major roads i n feet ❑ 1:0.11 ■ Smallest Ratio, Huguenot Road ❑ 1:0.046 ■ Largest Ratio, Robious Road ❑ 1:0.502 Alongside Major Road Sidewalks Chart Road Road Length (ft) Sidewalk Length (ft) Ratio E/W Hundred 102,498 24,865 1:0.243 Iron Bridge 116,550 5,642 1:0.048 Robious 59,821 30,057 1:0.502 Hull Street 229,610 15,816 1:0.069 Huguenot 52,800 2,444 1:0.046 Jefferson Davis 144,843 7,533 1:0.052 Midlothian Turnpike 128,835 8,566 1:0.066 Road Road Length (ft) Sidewalk Length (ft) Ratio E/W Hundred 102,498 24,865 1:0.243 Iron Bridge 116,550 5,642 1:0.048 Robious 59,821 30,057 1:0.502 Hull Street 229,610 15,816 1:0.069 Huguenot 52,800 2,444 1:0.046 Jefferson Davis 144,843 7,533 1:0.052 Midlothian Turnpike 128,835 8,566 1:0.066 Public Facilities within Chesterfield County WOLO 1� Legend Q • Communoy Center • Ubrery O School O . _ O • • Park O O O • O'' O O —00 GO O O •� O C� • • O W O O • 8 • TL „. M.. .....r..e1.: — .,...........w . •,� Sidewalks within 1 Mile Buffer of Public Facility within Chesterfield County Legend Legend • Community Center • Library - Sidewalks wltMn PF Buffer l ¢ Z o 3dtaoi Sidewalks ouleloe PF Buffer o • Park I a y t *- • O x op�� :tom 8 • Public Facility Overview a Total of 134 Public Facilities within Chesterfield County ■ 71 Schools ■ 9 Libraries ■ 52 Parks ■ 2 Community Centers o Total length of sidewalks within a 1 mile buffer of a public facility ■ 860,845 ft. (163 miles) a Approximately 76% of the total sidewalks are within a 1 mile buffer of a public facility Subdivisions within Chesterfield County w , Legend -- -- - -- Bermuda Subdivisions Osie Subdivisions Motoaoa Subdivisions Clover Hill Subdivisions H ® Midlothian Subdivision 1 Is, I r a • r (%. t a � o a a .. w....+xx.....x....x,xx...x.. o..x..M� o.....".x MWs xf ru.�aN Subdivisions that contain Sidewalks in Chesterfield County Legend to _Bermuda Subdivisions Dale Subdivisions _ MatoaCe Subdivisions a' Clover Hill Subdivisions Midlothian Subdivisions s -F\-f 4 t--., I-J� xor...o.. Sidewalks within Subdivisions in Chesterfield County Legend — Sidewalk within Subdivision ` 1 `�; L•'—' '- — Sidewalk outside Subdivision 0 i Sidewalk- Subdivisions Overview o Total of 4,380 subdivisions within Chesterfield County ■ 683,059 ft. of sidewalks (61% of total) are within these subdivisions o There are a total of 436 subdivisions that contain sidewalks ■ Sidewalk -subdivisions only make up 10% out of total in Chesterfield County ■ Midlothian District has highest sidewalk -subdivisions while Clover Hill District has the lowest Sidewalk- Subdivisions Chart Magisterial Magisterial District District Sidewalk Sidewalk Subdivision Subdivision Total Total Subdivision Subdivision Sidewalk Sidewalk Subdivision Subdivision Percentage Percentage Midlothian Midlothian 122 122 944 944 X13% N13% Clover Hill Clover Hill 60 60 930 930 N6% �6% Matoaca Matoaca 81 81 752 752 Nil% X11% Dale Dale 76 76 735 735 X10% N10% Bermuda Bermuda 97 97 1,019 1,019 X10% N10% Magisterial Magisterial District District Sidewalk Sidewalk Subdivision Subdivision Total Total Subdivision Subdivision Sidewalk Sidewalk Subdivision Subdivision Percentage Percentage Midlothian Midlothian 122 122 944 944 X13% N13% Clover Hill Clover Hill 60 60 930 930 N6% �6% Matoaca Matoaca 81 81 752 752 Nil% X11% Dale Dale 76 76 735 735 X10% N10% Bermuda Bermuda 97 97 1,019 1,019 X10% N10% Systems Implementation o Attributes table used to systematically keep track of future sidewalk proposal and completion dates Summary o Only 9% of Chesterfield County's total non -limited access roads have a sidewalk next to them o Sidewalks within a 1 mile buffer of non -limited access roads ■ Robious Road has the most ■ Jefferson Davis Highway has the least a Sidewalk -Subdivisions within Chesterfield County ■ Midlothian District has the most ■ Clover Hill District has the least Recommendations o Prioritize sidewalks implementation for low connected areas near public facilities such as schools and parks o Use sidewalk layer to identify connectors at time of zoning and plans review processes Next Steps o Regularly update database and attributes table with all departments to ensure organized record keeping o Enables future analysis Questions? CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA a� Meeting Date: November 16, 2016 Item Number: 6.A. Subject: Work Session - Chesapeake Bay Total Maximum Daily Load (TMDL) Update County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Mr. Scott Smedley, Environmental Engineering Director, will update the Board of Supervisors regarding the county's Chesapeake Bay TMDL compliance plan. Preparer: Scott Smedley Attachments: 0 Yes F-1No Title: Director of Environmental Engineering WHA. 11 ;" " 0 3EMMEMMIM11 34'3, 26, 1 lumim �,3 11/8/2016 X"I 13 MINE, 11/8/2016 11/8/2016 ��G "��'32 11/8/2016 11/8/2016 11/8/2016 tt .3 1151 11/8/2016 9 MOM 10 Ji 11/8/2016 11/8/2016 12 11/8/2016 13 0 Laprade Library BMP conversion/retrofit- design el, Tributary Proctors Creek stream restoration - design 1 11 F THOTOMENT490 *me James River Local Water Quality ,9 Chlorophyll -a .tom =, nutrient allocations 19, General permit reissuance for phase 2 localities © H 11/8/2016 14 11/8/2016 15 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 16, 2016 Item Number: 8.A.1. Subiect: Nomination/Appointment/Reappointment Virginia Waste Management Authority County Administrator's Comments: County Administrator: Board Action Requested: of Board Members of the Central Nominate/appoint/reappoint board members of the Central Virginia Waste Management Authority (CVWMA) Summary of Information: The term of Mrs. Marcia R. Phillips as a board member of the CVWMA will expire December 31, 2016, and she has agreed to serve an additional four- year term as a board member of the CVWMA. Her term would expire December 31, 2020. Due to the recent retirement of Mr. Robert C. Key as Director of General Services, his vacancy on the CVWMA Board of Directors must be filled. Mr. Scott Zaremba is nominated to fill this vacancy for a four-year term expiring December 31, 2020. 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. Preparer: Clay Bowles Title: Director of General Services Attachments: � Yes ■ No # :- CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 - AGENDA ,.49 Meeting Date: November 1612016 Item Number: 83.1.a. Subiect: Resolution Proclaiming the Saturday After Thanksgiving as "Small Business Saturday" in Chesterfield County County Administrator's Comments: County Administrator: Board Action Requested: Mr. Elswick requests that the Board adopt the attached resolution. Summary of Information: The attached resolution proclaims the Saturday after Thanksgiving as "Small Business Saturday" in Chesterfield County. Preparer: Garrett Hart Title: Director, Economic Development Attachments: ■ Yes F-1No 044 RESOLUTION PROCLAIMING THE SATURDAY AFTER THANKSGIVING AS "SMALL BUSINESS SATURDAY" IN CHESTERFIELD COUNTY WHEREAS, Chesterfield County, Virginia celebrates our local small businesses and the contributions they make to our local economy and community; and WHEREAS, according to the United States Small Business Administration, there are more than 25 million small businesses in the United States; they represent the vast majority of American employer firms, create more than two-thirds of the net new jobs, and generate a significant amount of the private gross domestic product, as well as more than half of all US sales; and WHEREAS, according to the Virginia Employment Commission, more than 99 percent of Chesterfield County business establishments have fewer than 250 employees; and WHEREAS, small businesses employ a significant portion of the working population in the United States; and WHEREAS, the vast majority of consumers in the United States agree that small businesses contribute positively to the local community by supplying jobs and generating tax revenue; and WHEREAS, most consumers in the United States agree that small businesses are critical to the overall economic health of the United States; and WHEREAS, many consumers in the United States agree that it is important for people to support the small businesses they value in their community; and WHEREAS, Chesterfield County, Virginia supports our local businesses that create jobs, boost our local economy, and preserve our neighborhoods; and WHEREAS, advocacy groups as well as public and private organizations across the country have endorsed the Saturday after Thanksgiving as Small Business Saturday. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors hereby proclaims the Saturday after Thanksgiving as "Small Business Saturday" in Chesterfield County, and urges the residents of our community, and communities across the country, to support small businesses and merchants on Small Business Saturday and throughout the year. I. r.. '6 �S CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 16, 2016 Item Number: 83.1.b.1. Subiect: Resolution Recognizing Lieutenant Todd W. Carver, Sheriff's Office, Upon His Retirement County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution. Summary of Information: Lieutenant Todd W. Carver will retire on December 1, 2016, after 27 years of service to Chesterfield County. Preparer: Karl S. Leonard Attachments: ® Yes F-1No Title: Sheriff # �, 216-3,0'"E. RECOGNIZING LIEUTENANT TODD W. CARVER UPON HIS RETIREMENT WHEREAS, Lieutenant Todd W. Carver has faithfully served the Chesterfield County Sheriff's Office for 27 years; and WHEREAS, Lieutenant Carver was hired on February 6, 1988, and was assigned to Courtroom Security; and WHEREAS, Lieutenant Carver joined the Chesterfield County Sheriff's Office and served under James Mutispaugh, Walter Minton, Clarence Williams, Dennis Proffitt and current Sheriff Karl L. Leonard; and WHEREAS, Lieutenant Carver was transferred to the Civil Process Unit in October 2000, providing quality service of court documents, as governed by the Code of Virginia; and WHEREAS, Lieutenant Carver was transferred to Correctional Services, providing safe detention and service to those entrusted to the custody of the Sheriff; and WHEREAS, Lieutenant Carver was transferred to the Civil Process unit in November 2009, providing first-line supervision to men and women assigned to conducting service of court documents, as well as making proper arrest; and WHEREAS, Lieutenant Carver was transferred to Correctional Services as a Shift Commander in June 2014, providing supervision for those incarcerated and those sworn to protect them; and WHEREAS, Lieutenant Carver has demonstrated his versatility, skills and strong work ethic in a wide range of departmental assignments in the Operational and Support Services areas; and WHEREAS, he met all requirements to qualify for Deputy First Class in January 2003, and for Master Deputy in October 2003, and in April 2011, was promoted to Sergeant and assigned to Correctional Services, followed by Court Services and Civil Process; and WHEREAS, in June 2014, he was promoted to Lieutenant and assigned to the Correctional Services Division; and WHEREAS, Lieutenant Carver has aided in ensuring employees of the Sheriff's Office meet the highest standard by serving as a Field Training Officer; and WHEREAS, Lieutenant Carver received numerous letters of appreciation and commendation for his dedication and service to the employees and citizens of Chesterfield County; and WHEREAS, Lieutenant Carver received a Meritorious Service Award for his job performance, following a stabbing and woman down situation in the Gates Green area of the county, when his clear and concise information led to a quick response by police and investigative members, and the extracting of the wounded woman, who made a full recovery; and WHEREAS, Lieutenant Carver received the Meritorious Service Award for his job performance during a foreclosure and eviction, where he encouraged the armed suspect to point his weapon away and calmed him down until the arrival of Chesterfield Police and negotiators, and his actions deterred the possible suicide or injuries to other citizens; and WHEREAS, Lieutenant Carver was recognized as the Employee of the Quarter in 2010, and received the Top Gun Award, from 2009 through 2015 consistently, a Specialized Service Ribbon, a Good Conduct Ribbon, a Special Operations Response Team Ribbon, two Meritorious Service Ribbons, and Pistol Marksmanship, Rifle Marksmanship, VLEPSC and Board of Correction Certifications. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Lieutenant Todd W. Carver, expresses the appreciation of all residents for his service to Chesterfield County and extends appreciation for his dedicated service to the county and congratulations upon his retirement, as well as best wishes for a long and happy retirement. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 16, 2016 Item Number: 8.113.1.b.2. Subiect: Resolution Recognizing Ms. Clara S. Hart, Senior Library Specialist, Chesterfield County Public Library, Upon Her Retirement County Administrator's Comments: County Administrator: Board Action Requested: Staff requests the Board adopt the attached resolution recognizing Ms. Clara S. Hart for 13 years of part-time service and an additional 24 years of full- time service for a total of 37 years of service to Chesterfield County and Chesterfield County Public Library. Summary of Information: Ms. Clara S. Hart will retire from Chesterfield County Public Library on December 1, 2016, after providing over 37 years of part-time and full-time faithful service to the residents of Chesterfield County. Preparer: Mike Mabe Title: Director of Library Services Attachments: ® Yes FINo # 3�_ RECOGNIZING MS. CLARA S. HART UPON HER RETIREMENT WHEREAS, Ms. Clara S. Hart will retire from the Chesterfield County Public Library on December 1, 2016, after providing 13 years of part-time service and 24 years of full-time service, for a total of 37 years of faithful service to Chesterfield County; and WHEREAS, Ms. Hart mostly served as a Library Associate at the Chester Library during her first 13 years of service; and WHEREAS, Ms. Hart managed the Enon Branch Library from 1992 to 2006, building strong relationships with neighborhoods, schools and civic organizations in the district of Enon resulting in the Enon Branch Library receiving the Chesterfield County Public Library Team of the Year Award in 1997; and WHEREAS, Ms. Hart successfully completed a supervisory professional development opportunity in 1996, and in the following years attended three Public Library Association conferences where her exposure to leaders in the profession of librarianship enlightened her vision of becoming a better public educator to all citizens; and WHEREAS, Ms. Hart coordinated Chesterfield County Public Library Outreach Services from 2006 to 2010, and with a staff of five, provided library services to county residents who were underserved due to life situations, and she personally administered a creative writing program with the Department of Correctional Education at the Chesterfield Women's Diversion Center, resulting in many touching and memorable letters of thanks, recognition and appreciation from program participants and professionals in the field for her contribution, and she also corresponded for a period of time with the author Wally Lamb who became a leader in the field of creative writing in correctional facilities across the country; and WHEREAS, Ms. Hart was the recipient of a Certificate of Appreciation for Distinguished Service at the 2009 Virginia Library Association's Annual Conference for presenting the program Serving Time: Extending Library Service to Incarcerated People; and WHEREAS, Ms. Hart inspired two former Enon Branch Library employees to complete their Masters of Library Science Degree and who now are highly successful professional librarians; and WHEREAS, Ms. Hart has been a knowledgeable and engaged asset to the Meadowdale Library since 2010, where she has led countless early literacy and daycare story times, created fun and stimulating learning opportunities, maintained a well-trained team of volunteers and has been the recipient of numerous branch accolades for going above and beyond. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Ms. Clara S. Hart, and extends on behalf of its members and citizens of Chesterfield County, appreciation for her,more than 37 years of unwavering dedication to Chesterfield County and Chesterfield County Public Library. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 16, 2016 Item Number: 8.B.2. Subject: Authorize the Receipt and Appropriation of Grant Funds from the Department of Homeland Security and the Federal Emergency Management Agency for the 2016 Local Emergency Management Performance Grant County Administrator's Comments: County Administrator: Board Action Requested: Authorize the receipt and appropriation of additional grant funding in the amount of $50,000 for the 2016 Emergency Management Performance Grant to enhance emergency preparedness for Chesterfield County citizens. Summary of Information: The FY2017 budget was adopted with the appropriation of $26,409 for the 2016 Local Emergency Management Performance Grant. The actual grant award is $76,409. This request is for authorization to accept and appropriate the additional funding of $50,000. Fire and EMS is required to provide an in-kind match, which will be met through expenses associated with already appropriated personnel costs within the Fire and EMS budget. The grant award will be utilized to enhance Emergency Management's preparedness capabilities for the citizens of Chesterfield County. Preparer: Edward L. Senter Preparer: Matt Harris Attachments: F� Yes ® No Title: Fire Chief Title:Director, Budget and Management CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: November 16, 2016 Item Number: 8.B.3.a. Subject: Set a Public Hearing to Consider the Real Estate Tax Exemption Request of Goodwill Industries of Central Virginia, Inc. County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to set a public hearing for December 14, 2016, to consider the real estate tax exemption request of Goodwill Industries of Central Virqinia, Inc. Summary of Information: Under Virginia law, real and personal property used for charitable and benevolent purposes may be classified as exempt from taxation by the Board of Supervisors. This year Goodwill Industries of Central Virginia, Inc. ("Goodwill"), has requested a tax exemption for a 1.510 acre parcel (Parcel No. 719671035600000), located at 14740 Hull Street Road. A map of the parcel is attached. Goodwill is a benevolent, and charitable, non-profit Virginia corporation, which was developed to help people with obstacles to employment achieve the highest possible degree of economic and personal independence. The parcel is assessed at $1,967,300, leading to an annual real estate tax of $18,886.08. The assessment exceeds the $5,000 cap which the Board's policy permits for the consideration of tax exemptions. Accordingly, to consider Preparers Jeffrey L. Mincks Title: County Attorney r 0505:97372.1 Attachments: ® Yes No # �,.ys CAESTERFIELD C011ATT BOARD OF SUPERVISORS Page 2 of AG \` this request above $5,000, the Board would have to waive its policy by unanimous vote. Staff has reviewed the information which state law requires the Board to consider before granting an exemption and finds that the information is consistent with Goodwill:s status as a benevolent, charitable, non-profit organization that is eligible for the tax exemption. The criteria which the Board must consider under state law are attached. In order to consider this request, the Board must schedule a public hearing for December 14, 2016. Staff recommends that the Board only consider this request, after a public hearing, in an amount not to exceed $5,000. 0505:97372.1 ki �.,J `.r..: C; CRITERIA FOR CONSIDERING TAX EXEMPTION REQUESTS UNDER STATE LAW 1. Goodwill Industries of Central Virginia, Inc. is exempt from taxation pursuant to §501(c) of the Internal Revenue Code; 2. Goodwill Industries of Central Virginia, Inc. does not possess a current annual alcoholic beverage license for serving alcoholic beverages for use on the property; 3. No director of Goodwill Industries of Central Virginia, Inc. is paid any compensation for service to the corporation and its salaries are not in excess of reasonable salaries for services performed by the employees; 4. No part of the net earnings of Goodwill Industries of Central Virginia, Inc. inures to the benefit of any individual; 5. Goodwill Industries of Central Virginia, Inc. provide services for the common good of the public; and 6. Goodwill Industries of Central Virginia, Inc. does not attempt to influence legislation or intervene in any political campaign on behalf of any candidate for public office. 0505:97372.1 AN ORDINANCE TO DESIGNATE REAL PROPERTY OWNED BY GOODWILL INDUSTRIES OF CENTRAL VIRGINIA, INC. TO BE EXEMPT FROM PROPERTY TAXATION WHEREAS, subsection 6(A)(6) of Article X of the Constitution of Virginia, on and after January 1, 2003, authorizes localities to designate as exempt from local taxation the real or personal property, or both, owned by a non-profit organization that uses such property for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes; and WHEREAS, the County has received a request from Goodwill Industries of Central Virginia, Inc. to consider granting it a tax exemption for a specific piece of real property owned by it in Chesterfield County and described as County Property Tax Parcel ID No. 719671035600000;and WHEREAS, in accordance with Va. Code, §58.1-3651 the Board has conducted a public hearing and considered each of the questions required to be considered before adopting an ordinance granting any such exemption; and WHEREAS, the Board has determined that Goodwill Industries of Central Virginia, Inc. meets the requirement for the real property tax exemption that it has requested by reason of its being a non-profit organization which uses the real property for which it is requesting the exemption for charitable and benevolent purposes; WHEREAS, it is the policy of the Board to limit tax exemptions for real estate to a maximum amount of $5,000. NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 1. Goodwill Industries of Central Virginia, Inc. is hereby designated a charitable and benevolent organization within the context of Section 6(A)(6) of Article X of the Constitution of Virginia. 2. The real property located in Chesterfield County owned by Goodwill Industries of Central Virginia, Inc. and described as County Property Tax Parcel ID No. 719671035600000 is used by such organization exclusively for charitable and benevolent purposes on a non-profit basis as set forth in Section 1 of this ordinance and is hereby determined to be exempt from local taxation up to a maximum amount of $5,000. This exemption shall be contingent on the continued use of the property in accordance with the purpose for which the organization is designated as exempt in Section 1. 3. This real property tax exemption shall be effective as of January 1, 2017. 4. This ordinance shall not be set out in the County Code but shall be kept on file in the offices of the real estate assessor and commissioner of revenue. 5. This ordinance shall be in effect immediately upon its adoption. 0505:97565.1 13 �v S "VICINITY SKETCH C esteffield County Attorneys Office November 1, 2.016 143.15 1pel 4D CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: November 16, 2016 Item Number: 8.B.3.b. Subiect: Set Date for Public Hearing to and 9-32 of the County Code Rehabilitated Structures County Administrator's Comments: County Administrator: ) Board Action Requested: Consider Amending H 9-11, 9-29, 9-30, 9-31, Relating to Partial Tax Exemptions for The Board is requested to set the date of December 14, 2016, for a public hearing to consider amending H 9-11, 9-29, 9-30, 9-31, and 9-32 of the County Code relating to partial tax exemptions for rehabilitated structures. Summary of Information: The proposed amendments would expand rehabilitation tax exemption program benefits for residential, commercial, and industrial properties in the County. This program provides a partial real estate tax exemption based on the increased assessed value of rehabilitated, renovated, or replaced older structures. The proposed amendments would: 1) Allow persons to apply for an exemption within one year of building permit application. The current code requires applications for rehabilitation exemptions to be submitted prior to undertaking any rehabilitation, renovation, or replacement of a structure. 2) Remove the requirement for an application fee. This fee is currently $20 for historic properties and $50 for all other properties. Preparer: Carl Schlaudt Title: Revitalization Manager_ 31:97530.1 Attachments: Yes � No # � v CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA 3) Increase the number of years that properties may receive a partial exemption. The current code allows a five-year exemption for commercial and industrial properties and an eight-year exemption for residential properties. The proposed amendment would increase this to seven years for commercial and industrial properties and to fifteen years for residential properties. 4) Remove obsolete language pertaining to former enterprise zones and technology zones. 5) Allow larger commercial rehabilitation projects (i.e., those with an improvement value of at least $10 million) to be eligible for an exemption with an improvement value of at least five percent instead of the current improvement requirement of 150. The attached ordinance reflects the amendments to County Code §§ 9-11, 9-29, 9-30, 9-31, and 9-32 that are requested by the Revitalization Manager. Staff recommends adoption of the proposed amendments after holding a public hearing. np '14 `fit �Qj -, AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 9-11, 9-29, 9-30, 9-31 and 9-32 RELATING TO FINANCE AND TAXATION BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 9-11, 9-29, 9-30, 9-31 and 9-32 of the Code of the County of Chester geld, 1997, as amended, are amended and re-enacted to read as follows: Chapter 9 FINANCE AND TAXATION Sec. 9-11. - Real estate assessor. Ca� The board of supervisors shall appoint a professional assessor, who shall: (a) (1,) Assess all real estate in the county at its fair market value as of January 1 of each year, correct errors in tax assessment records, add to the assessment rolls any real property erroneously omitted, and remove property from tax rolls when acquired by owners not subject to taxation; (b) (2) Maintain appraisal records on a uniform and comparable basis with comprehensive descriptive matter for each separate parcel of taxable real estate in the county; (e) (3) Maintain appraisal record indices, tax assessment maps and other devices to provide for ready and convenient use of records and data in the real estate assessment department or from other departments possessing information pertinent to real property assessments; (4) (4) Accumulate and maintain current records of changes in real estate values, including such information as may be available from building permits, zoning records, documents dealing with real estate transactions, and other sources; (e) (5) Support and justify all assessments and changes in assessments before the board of equalization of real estate assessments; (I) (6) Attend all hearings of the board of equalization and act as clerk for, or administrative assistant to, the board, and to furnish such board with information and data pertaining to real property assessments in the county. The board of supervisors hereby authorizes the county assessor to implement any policies or procedures necessary to effectively implement sections 9-29 through 9-32. 000 3128:97290.1 1 Sec. 9-29. - Rehabilitated historic residential real estate. (b) n..;,,,, to l.o.,-;,,ning the ,-eha ilit,*ion Within twelve (12) months after the filing date of the building_ permit application for the rehabilitation, the owner of any real estate meeting the criteria stated in this section may apply for an exemption. The application shall be made on forms provided by the county assessor. The owner- shall pay an applieation pr-eeessing flee E) $20.00 my assessor f,.to the r poeessing s ,e a plie do b' Sec. 9-30. - Rehabilitated historic commercial real estate. (b) Prior- to beginning the rehabilitationj Within twelve (12) months after the building_ permit application filing date for the rehabilitation, the owner of any real estate meeting the criteria stated in this section may apply for exemption on forms provided by the county assessor. The &,),mer- shall pay an appheation preeessing fee of $20.00-. Sec. 9-31. - Partial exemption for certain rehabilitated, renovated or replaced commercial or industrial structures. (b) For real property to qualify for the partial exemption granted by this section, the following criteria must apply: (1) Any real estate upon which there is an existing commercial or industrial structure shall be deemed to have been substantially rehabilitated, renovated or replaced when a structure 25 years old or older has been improved so as to increase the assessed value of the structure by 15 percent or more, or increase the assessed value of the structure by five percent or more for structures with an assessed value of at least $10,000,000 (ten million dollars). For a motel or hotel, the structure shall be no less than 35 years of age. designatedFor- struetures other than a motel or- hetel in an area of Vir-ginia as an enter-pr-ise zone or subzone or- teehnelogy zone, the stfuetufe may 5 years old er olden Subject to the limitations set forth below, the rehabilitated, renovated or replaced structure may be used for any purpose, including mixed use, that is allowed by the building code and the applicable zoning regulations for the property. (2) The base value of the commercial or industrial structure shall be the assessed value of the structure prior to the commencement of the work as determined by the county assessor uponr-eeeiptof an application f r the t.,l, o pt .r 3128:97290.1 2 ,` ` (4) The exemption shall run with the real estate for 4ve seven years. 000 (c) Prior- to beginning the rehab l;tatienj Within twelve (12) months after the filing date of the building_ permit application for the rehabilitation, renovation or replacement the owner of any real estate meeting the criteria stated in this section sha14 may apply for the exemption_ The application shall be made on forms provided by the county assessor. Upon receiving the application, the county assessor shall determine the base value of the structure. This base value determination shall be effective for two years from the date of determination, but applicants may reapply after this time period expires. The owner- shall pay an applie do of $50.00 for eaeh appheation w-bieh shall be refundable upon eempletion of the teeli elegy zone shall be exempt fr-e , paying an ,Beat,. o 000 Sec. 9-32. - Partial exemption for certain rehabilitated, renovated or replaced residential structures. 000 (b) For real property to qualify for the partial exemption granted by this section, the following criteria must apply: 000 (4) The rehabilitation, renovation or replacement must increase the assessment of the structure by more th ten percent or more and must be complete. 000 (c) Prior- to beginning the ,.ehabil t.,tien5 Within twelve (12) months after the filing date of the building_ permit application for the rehabilitation, renovation or replacement the owner of any real estate meeting the criteria stated in this section shall may apply for the exemption. The application shall be made on forms provided by the county assessor. Upon receiving the application, the county assessor shall determine the base value of the structure. This base value determination shall be effective for two years from the date of determination, but applicants may reapply after this time period expires. The ,.<,, er- shall pay a .,,..plie.,tie of $50.00 for- eaeh applieatien, w-hieh shall be refundable upon eempletion of the r-eplaeemeRt or rehabilitation. (d) If the assessor determines that the property for which an application has been filed qualifies for the partial exemption under this section, the property shall be exempt from the increase in real estate taxation resulting solely from the rehabilitation, renovation or replacement. This exemption shall become effective on January 1 of the year following the determination made by the assessor and shall run with the real estate for a period of eight fifteen tax years. The amount of the exemption shall not change over such epi -year fifteen -year period. Upon completion of the rehabilitation, renovation or replacement the county assessor shall be notified in writing and shall inspect the property to determine the assessed value of the structure and the amount, if any, of the rehabilitated real estate tax exemption for that structure. No property shall be eligible for exemption unless the appropriate building permits 3128:97290.1 3 �, ., �: 0, C< - have been acquired, and the county assessor has verified that the rehabilitation, renovation or replacement indicated on the application has been completed and meets the requirements of this section. In determining the base value and the increased value resulting from the substantial rehabilitation, renovation or replacement the county assessor shall employ usual and customary methods of assessing real estate. (2) That this ordinance shall become effective immediately upon adoption. :�, 3W 3128:97290.1 4 i iRMA W11 11 11 • AGENDA 1749 �RG1N Page 1 of 2 Meeting Date: November 16, 2016 Item Number: 8.13.3.c. Subiect: Set Public Hearing to Consider Proposed Code Amendments Relating to Required Parking Spaces for Restaurants (17PJ0110) County Administrator's Comments: County Administrator: Board Action Requested: Set December 14, 2016, for public hearing on attached code amendment. Summary of Information: On October 18, 2016, the Planning Commission on a vote of 5-0 recommended approval of attached ordinance amendment. On August 24, 2016, the Board of Supervisors initiated the amendment and referred to the Planning Commission for consideration and public hearing. Benchmarking results with other localities and recently considered zoning actions by the Board to reduce requirements are found in Attachment A. Based upon the findings, the Board initiated amendment to reduce the required number of spaces for freestanding restaurants, excluding those in Special Design Districts which already benefit from reduced parking requirements. The following chart compares the existing and proposed requirements: Restaurant Type Spaces per 100 Square Feet of Gross Floor Area Existing Proposed Carry -out 2 1 Fast food/Drive-in 2 (15 space minimum) Sit down 11.5 Preparer: Kirkland A. Turner Attachment: 0 Yes FINo Title: Director of Planning 1749 ,RGtN�' CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Summary of Information Continued Page 2 of 2 The amendment would generally bring Chesterfield in alignment with most surrounding localities and be consistent with industry standards. Attachments • Attachment A -Benchmarking • Attachment B -Proposed Ordinance � " 4 11 3 t� Irl �.. 0 z Q U z W m z U., v Q o a, P. (D o V 03 0 g03 °o Q N o ;-U) V) Q o ;. r... r'•, M F., M 5 — M E y Cl. t� Q R L S. 7 V") V') O R �I y h LO, R O O i, Q" •R G a y v d O O •� O Q wi U A n F.111 0 19.Xe me kyj AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTION 19.1-236 OF THE ZONING ORDINANCE RELATING TO REQUIRED PARKING SPACES FOR RESTAURANTS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 19.1-236 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted, to read asfollows: (2) That this ordinance shall become effective immediately upon adoption. 1928:97156.1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 16, 2016 Item Number: 8.13.3.d. Subiect: Set Public Hearing to Consider Proposed Code Amendments Relating to Tractor Trailer Service Stations (17PJ0114) County Administrator's Comments: County Administrator: Board Action Requested: Set December 14, 2016 for public hearing on the attached code amendment. Summary of Information: On October 18, 2016, the Planning Commission on a vote of 5-0 recommended approval of attached code amendment. Under the current ordinance tractor trailer service stations are permitted in the C-5 District, with the restriction that it not be located in the Midlothian Area East, by right in I-2 and I-3 Districts and by conditional use in the Agricultural (A) District. The proposed amendment would provide that such use no longer be permitted in the C-5 District and only be permitted by conditional use in A, I-2 and 1-3 Districts. Preparer: Kirkland A. Turner Attachment: E Yes ❑ No Title: Director of Planning AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 19.1-52 AND 19.1-53 OF THE ZONING ORDINANCE RELATING TO TRACTOR TRAILER SERVICE STATIONS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19.1-52 and 19.1-53 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted, to read as follows: Chapter 19.1 ZONING 000 111 ME (2) That this ordinance shall become effective immediately upon adoption. 1928:97242.1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 16, 2016 Item Number: 83.3.e. Subject: Set Public Hearing to Consider Proposed Comprehensive Plan Amendment Relating to Tractor Trailer Service Stations (17PJ0113) County Administrator's Comments: County Administrator: Board Action Requested: Set December 14, 2016, for public hearing on the attached comprehensive plan amendment. Summary of Information: On October 18, 2016, the Planning Commission on a vote of 5-0 recommended approval of attached comprehensive plan amendment. The proposed amendment to Moving Forward.—The Comprehensive Plan for Chesterfield County, specifically the Land Use Plan Chapter (Chapter 10), would provide further guidance as to where tractor trailer service stations should be permitted. The guidelines would limit such facilities to areas designated for Industrial on the Land Use Plan Map, and allow only if impacts on surrounding development are mitigated and facilities are in proximity to limited access interchanges. Preparer: Kirkland A. Turner Attachment: ® Yes 7 No Title: Director of Planning Proposed Amendments to Moving Forward ... The Comprehensive Plan for Chesterfield County Uses The following uses are appropriate: o Intense commercial uses which normally have outside display and storage areas. Typical commercial uses could include motor vehicle related uses, contractor shops and storage yards, manufactured home sales, trueek termina4s, repair services or other uses that serve customers' specialized needs. o Light industrial/research and development uses. Typical uses could include various types of laboratories; offices; warehousing; and optical goods, cosmetic, jewelry, musical instruments and artist materials manufacturing. Uses The following uses are appropriate: o Moderate to intense manufacturing uses that are generally dependent upon the processing of raw materials, and uses normally have associated outside storage areas. Typical uses could include paint, tobacco products, paper, rubber, plastic and cement manufacturing; truck terminals; and boat repair. o Under certain circumstances, and in proximity to limited access interchanges, tractor trailer service stations. o Under certain circumstances, within larger tracts developed for industrial uses, integrated supporting retail and service uses. ➢ Tractor Trailer Service Stations. Limit the provision of these facilities to areas recommended on the Land Use Plan Map for Industrial, and allow only if impacts on surrounding development are mitigated and the use is in proximity to a limited access interchange. 17 PJ 0113 tilj r CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 x � ;ay AGENDA `.hacn+u'ss Meeting Date: November 16, 2016 Item Number: 83.4.a. Subject: Acceptance of a Parcel of Land Along Genito Road from 7 -Eleven, Inc. County Administrator's Comments: County Administrator: Board Action Requested: Accept the conveyance of a parcel of land containing 0.028 acres along Genito Road from 7 -Eleven, Inc., and authorize the County Administrator to execute the deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of a parcel of land containing 0.028 acres along Genito Road from 7 -Eleven, Inc. This dedication is for construction of a sidewalk for the development of 7 - Eleven at Genito Road and Hull Street Road. Approval is recommended. District: Clover Hill Preparer: John W. Harmon Title: Real Property Manager Attachments: ® Yes F-1 No J 'J, "VICINITY SKETCH Acceptance of a Parcel of Land Along Genito Road from 7 -Eleven, Inc. N Chestrffi--4d County Department of Utilftiss -A- w s I -" 'I I , '� "'! +0^3 ^ � N w n c mM n ^- i W �X5 N.O 4 m LIJW Z4 O L m� Om v S. K� n^ m inP ucNQaa p toil in a NN WW3� •v /�f�� itp#i V - z F f I .' 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County Administrator's Comments: County Administrator: Board Action Requested: Accept the conveyance of a parcel of land containing 0.066 acres along Hull Street Road from 7 -Eleven, Inc., and authorize the County Administrator to execute the deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of a parcel of land containing 0.066 acres along Hull Street Road from 7 -Eleven, Inc. This dedication is for construction of a sidewalk for the development of 7 -Eleven at Hull Street Road and Turner Road. Approval is recommended. District: Midlothian Preparer: John W. Harmon Title: Real Property Manager Attachments: ® Yes No # z "VICINITY SKETCH Acceptance of a Parcel of Land Along Hull Street Road from 7 -Eleven, Inc. 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Subject: Acceptance of Parcels of Land Along Tacony Drive from God's Miracle Church County Administrator's Comments: County Administrator: Board Action Requested: Accept the conveyance of six parcels of land containing a total of 0.45 acres along Tacony Drive from God's Miracle Church, and authorize the County Administrator to execute the deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of six parcels of land containing a total of 0.45 acres along Tacony Drive from God's Miracle Church. This dedication is for the development of God's Miracle Church. Approval is recommended. District: Midlothian Preparer: John W. Harmon Title: Real Property Manager Attachments: ® Yes No # Acceptance of Parcels of Land Along Tacony Drive from God's Miracle Church N Chesterfield County Department of Utilities w * E S I Inn - FA6 67 I -el A6oiautpal I a1MF-Me4ful I teRuopiml I Waw"IOAao allS � �rurK ®, •' dnomo SNOWWI1 SC6R aA'�+H9Im!+i Ip, oU'S'MM�tpta SYttONY(Wit03A3110tl P'�SNYMA � � 3iLL LY C9YYdSK YdMYbJ Ax l ELKHART ROAD VARIABLE WIDTH ABLEWTE DTH WATER UNEEASEMENT VAR ROU WIDTH RNVZ 17 D.B. 1684, PG. 1423 D.B. 3187, PG. 10 o & t Cl7 E9 'Dd'E9'ad E7 P.8. 9. PG. 59 yy .Z9lZ� Avg W UJ { w I I W �' n ' 9171 ; tiP?Wv m C 1 -NP" Uo I"10_�J 1 W C! zzMlu2 °h R°m�w4 S 2 � iw T Wv o °� y �OOi'9001991:N/d;� 0 iL •Od 4scb'a'o / K ?' H - 77DH'7 1 ro m = h b �y U�b A Su S3HD17H 013NeDbV1y 9.(3BH3A0 iN 17•/3802/ ° � w F 3 g v �1 U� yw �oiAm m � god p --- 6b'Od'1SL'8'O 000002L'gL00L99t : ^' ° � (3B2/3A0 a/7312r.(a! U �+ J 9'1ltor/vN01a �p 2 ni 0 h Y• J b o < 2W Q O OODOOZZLL00L99L JJ/dD 0 0 O W 2 o ,caet+aAo ry 7312Mar — � ° t4 00000Z14100(99L -A'!dD yi y— XOO'7bXVatlVa W 16 — — — blb'Od'LSZb 90PD9COZLWL991 N/dD � o n ^ X0.7.7 V6b'B2/bv 2 h4 ti R, O cow n Or em JAMES D. ✓R. & KATHY) aAGGETT GP/N: 766699617300000 D.B. 7872, PG. 494 8 170.6' MSN GREGORp00 ' G�E767B��8 616 \ D B• 26�' 0 B. a J z > o ox W au> W`om .Wi o Lu NJ�_ ZLIU > > G a oo ��=o b myyyyyyy Wti�'�za�� 3 O: ram p=ern V1 �0 (r vu y Q,QU ODUU V1 Q �Zzo d w 5p 8� �'� sP�� boaoo W O � �£� tl u O wm ti u€a 1' H O Q UJ W UzCL 2g �$®E zap§ OJ 0 F cu CL 0 h 612114 ck b j H zX N d W u a; 1' h a p p u a; 1' h p p C7 h p p b. W VPi XPi, `V T r@. OvO b�bi p�� yn� �0�0�10�000$� b CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: November 16, 2016 Item Number: 8.13.4.d. Subject: Acceptance of a Parcel of Land Along Huguenot Road from Huguenot Village Acquisition Company, L.L.C. County Administrator's Comments: County Administrator: Board Action Requested: Accept the conveyance of a parcel of land containing 0.054 acres along Huguenot Road from Huguenot Village Acquisition Company, L.L.C., and authorize the County Administrator to execute the deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of a parcel of land containing 0.054 acres along Huguenot Road from Huguenot Village Acquisition Company, L.L.C. This dedication is for the development of Firestone Complete Auto Care. Approval is recommended. District: Midlothian Preparer: John W. Harmon Attachments: 0 Yes F-1No Title: Real Property Manager "VICINITY SKETCH Acceptance of a Parcel of Land Along Huguenot Road from Huguenot Village Acquisition Company, L.L.C. N Chesterfield County Departmert of Utilfties w S I „'al - FA 6 67 ')�- t 8 b' INIE)HIA'A1Nnoo (J 131JH31S3HO 0 $ 101tUSIO NVIHIOIQIW d '° r ai als e - (1dVd) OZBZ-K/.-0 /.:NIdD ONGS g LL o & f$ 3 O -M `1lNVdWOO NOWSIt1OOV 3`JtliIIAlONanunH ! g = $ 8 t- o � g $ JO SONVI 3H1 SSOHOV NOIIVO1O3O 380V M'0 0 go o - 6H g On 0, ;6 1 a w, V DNIMOHS1t/1d O3lldWOO V RVI ti X00 v m ( ,Ct'L9l .ir_i ojrxg $ 3Nn Y3tlV 3SY37 ! ! j r t� f > Q ;n I I O O iW e '1 Z / 1 I J I I R QVS'�0-4 Wza I ^ yS JIRZ ^ I�`�n nn o i 0 I I ! ! Ehi W mo pmt w� n f2p 7 0�0 r7 (ss snz) x A I ,5Y't!L d6L1.8L.09M -� m o �2 vWQ 4Z4,, hZOm v„\ sk o wk z mom. oz-oi-eiw �uvo�rvw^e Eroaa3 �ss� +cvana:iswasnrodx3 oum�rd arn�a�o�croos< <�r CHESTERFIELD COUNTY 1 � BOARD OF SUPERVISORS Page 1 of 1 :g A AGENDA "' �RCI`ilA Meeting Date: November 16, 2016 Item Number: 8.113.5.a. Subject: Request to Quitclaim a Portion of a Variable Width Drainage Easement (Private) Across Property of Huguenot Towneplace, LLC County Administrator's Comments: County Administrator: j — Board Action Requested: 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 drainage easement (Private) across property of Huguenot Towneplace, LLC. Summary of Information: Huguenot Towneplace, LLC has requested the vacation of a portion of a variable width drainage easement (Private) across its property as shown on the attached plat. A new easement will be dedicated. This request has been reviewed by the Environmental Engineering Department. A new easement will be dedicated. Approval is recommended. District: Midlothian Preparer: John W. Harmon Title: Real Property Manager Attachments: ®Yes F No # JU1 c6 4-0 "VICINITY SKETCH Request to Quitclaim a Portion of a Variable Width Drainage Easement (Private) across property of Huguenot Towneplace, LLC 1�62�F -x I -W IV 3 B PA DUNN13RO 0 >j�ATCH P 5 BMARMONT R i�- C ING RD GREENSp . ........ . .. Variable Width Drainage Easement (Private) to be Quitclaimed 5.1 ON DALE ILI 6- MEN EAGLE N 7 )ON G K R N R CT VO Ct 4C 'Tip N Chesterfield County DePSAM,Ert of Utilities w + E S 7 t"on -V566 may. normrwa n'e ro:rvorroaru sa¢v�k�w��xi oocscs'�nma �aaMsmm snrw hlXQH1lmfalQVrrasHwx litb0 ]1WONW r 3Nt1V®W�W'.NBV.ttq 1 R e I c i 0 k 1 1 I k ®•°°• dn®mo SN®WWI1 ti..ox U Q w Lu Lu � 1L C Qy F I..C~�rIZU W r N:�oa n' z �S Z N r: e Q J Wm (/ 2 2 J Q p 2� �n �W�ln4 2"aa J � d ti o p g 2 J W' J ti y o0 I k ®•°°• dn®mo SN®WWI1 ti..ox U Q w Lu Lu � 1L C Qy O�� UU I..C~�rIZU W r N:�oa n' z �S Oil MCIzzz N r: W J N' (/ At J Q ° 2� �n �W�ln4 2"aa w a cs o p 000001e "Z17iL 'Ol I;nWd �0' "`Jd 19Mt '8.O onxanuo�anr>r1r W 31..0.ea u w S' �n y� m W h �i w°w22° U 3 o Qz � � e tarn o tl0.y g0.m ti3 '0.��m v ��'On aO V' O r7gpp t1,. m m x 0. r• ��— ti..ox U �0, W z �S Oil MCIzzz N x 0. r• ��— ti..ox U �0, W �Wd �S Oil MCIzzz N r: W J N' (/ At J Q ° w a cs o p J x 0. r• ��— ti..ox U ,,--- s w �Wd �S Oil MCIzzz Z, 'J a �d O / N' (/ At a cs o p x 0. r• ��— J ,oma- ,,--- s w iW �S F G E9 0VN y, Cl NUS D H,J SNOT fROA UGUE rtRoLrr5 147LIC) Ko r.Q bye ul a vaR� i 31 u gf n � p6:404 v w o x:16 PG • yWy Ai m� m 4 d U O m 0 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: November 16, 2016 Item Number: 8.113.5.b. Subiect: Request to Quitclaim a Portion of a Variable Width Storm Water Management Best Management Practice Easement Across Property of Virginia Electric and Power Company County Administrator's Comments: County Administrator: Board Action Requested: Authorize the Chairman of the Board of Supervisors and Administrator to execute a quitclaim deed to vacate a portion of width SWM/BMP easement across property of Virginia Electric Company. Summary of Information: the County a variable and Power Virginia Electric and Power Company has requested the vacation of a portion of a variable width SWM/BMP easement across its property as shown on the attach plat. This request has been reviewed by the Environmental Engineering Department. A new easement will be dedicated. Approval is recommended. District: Bermuda Preparer: John W. Harmon Title: Real Property Manager Attachments: Yes —1 No # ." 'I I -11 F "A'; kyj IN ILII VOINNI to] UE1 Request to Quitclaim a Portion of a Variable Width Storm Water Management Best Management Practice Easement across property of Virginia Electric and Power Company Portion of a Variable' W4lidth SWMIBMP Easement to be Quitclaimed GO)q---NDAL RE) OOXENDAILE ? N Chesterfield Ccunty Cepartment d Utilhiss W11#1 E S 1 7:5 i3 �xrzwrasviN>9ay.�ae�i � =pro q1� $ OO 6O� CL O tu i O pa X k-� a- CIE W 0 In o��s =a � r �ap 6) c� > o o s m 8 � m z 1 ~ g n \ m r Pu z S qa-O—n m WF- u�l IL 4 d tU VMX nP 'f+ JOD. �ti'i't_tz 7_�°QS r're -a' I N y�jR WUt QUC.. Sz=�1J -R °W — W1O I Cl° Rlf� ZWLu W� W � o Hillu�� Z�San NO CV.1fewIN N Q 19 Lu Sao N/ t > r W � GI � trio f ry n�H S/ k a O w 3� W4S� zW O V 1) to S n � yxq§ �A a IIVA. �ry fl d � N -CL LIN d m0 n r" ,a Hg ss CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: November 16, 2016 Item Number: 8.13.5.c. Subiect: Request to Quitclaim a Portion of a Sixteen Foot Sewer Easement Across Property of 5941 Willowbranch Dr, LLC County Administrator's Comments: s County Administrator: Board Action Requested: Authorize the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a 16 -foot sewer easement across property of 5941 Willowbranch Dr, LLC. Summary of Information: 5941 Willowbranch Dr, LLC has requested the vacation of a portion of a 16' sewer easement across its property as shown on the attached plat. This request has been reviewed by the Utilities Department. A new easement will be dedicated and a new line will be constructed. Approval is recommended. District: Dale Preparer: John W. Harmon Attachments: 0 Yes Title: Real Property Manager No # �� t "VICINITY SKETCH Request to Quitclaim a Portion of a Sixteen Foot Sewer Easement across Property of 5941 Willowbranch Dr, LLC 5 12 13 14 TUCKER .KU DECI 1 RO LPI tJLUI M T 3. DRY AVE 1 1 R BAUER PKWY T Portion of a 16' Sewer Easement to be Quitclaimed �r N Chesterfield County Department of Utilities W S op co co x � tlW �� !•r U yp �, " 3 S @ w o IO ��>7 a � J ro wmY Czj�z Aj a m N Q co to 3 I I Y ----------------------- I I I a am i I I I I I I I i i I W I v R h I I I I I I I I � o C7 ° I I I I ` R m°N wT I r gg i I I W _____________—_----- I ro- ?j 88�'8{�I888h888�' v !u nIM fir N �3 _J J Y ----------------------- I I I a am i I I I I I I I i i I W I v R h I I I I I I I I � o C7 ° I I I I ` R m°N wT I r gg i I I W _____________—_----- I ro- CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: November 16, 2016 Item Number: 8.B.6. Subject: Designation of Open -Space Land Along Midlothian Turnpike County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to designate county property as open - space land and authorize the County Administrator to execute the Declaration. Summary of Information: In 2013 the county acquired 2.8 acres of land along Midlothian Turnpike for the preservation of the wooded character entering the Village of Midlothian. Designation as open -space land will protect the property in perpetuity. Approval is recommended. District: Midlothian Preparer: John W. Harmon Title: Real Property Manager Attachments: 0 Yes No # IVICINITY SKETCH Designation of Open. -Space Land along Midlothian. Turnpike N Chesterfied County Department of Utiffies W * r S 1 Ml -666.61 %et NTIC>4, 99 DR W L 0�0 HOPPER LN LOcK TSR bla urnP'ke DR Designation of Open -Space Land K N RD along Midlothian Turnpike . . ......... ....... . ....... . .... > z ON 41V _j < U_ N Chesterfied County Department of Utiffies W * r S 1 Ml -666.61 %et b7rM'JHVi'AItNY00 �131Jtl3i53tYJ $ � # 3KidNa111 t11ItH1o�atW e U. m s � ? 33UH1 NO S1N3VMONdWt all i i %A lit I fi g oD F �e p xx Q I Ra $ °R r.csrii«arms 191 (olt) awi area 7ickaxav AA moo Ck ilei n � 5 JtOT08V7� � 917tkea �$ ^ ya y� t j{Hsi �p :z3 n !a•+sd osee :rod ?i'��~` � a�• ��~•� ra any ^p k ph ^�4 p °`n b CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 "" AGENDA Meeting Date: November 16, 2016 Item Number: 8.B.7. Subiect: Request Permission to Install a Private Water Service Within a Private Easement to Serve Property at 2529 Trefoil Way County Administrator's Comments: County Administrator: Board Action Requested: Grant Chad D. White and Alyssa N. White permission to install a private water service within a private easement and authorize the County Administrator to execute the water connection agreement. Summary of Information: Chad D. White and Alyssa N. White have requested permission to install a private water service within a private easement to serve property at 2529 Trefoil Way. This request has been reviewed by the Utilities Department. Approval is recommended. District: Midlothian Preparer: John W. Harmon Title: Real Property Manager Attachments: 0 Yes FINo # "VICINITY SKETCH Request Permission to Install a Private Water Service within a Private Easement to Serve Property at 2529 Trefoil Way N Chestefic-Id County Departry401t of Utilities w SUBDIVISION CERTIFICATE The platting or dedication of the following described land 13.636 Acres of land Is with the free consent and in accordance with the desire of the undersigned owners,.proprietors, and trustees, H any. All easements, streets and strips are of the width and extent shown and are dedicated to the county free and unrestricted by any previous agreements or easements except as noted on this plat as of the time of recordation. The dedication of easements to the county Includes granting the right to make reasonable use of adjoining land for construction and maintenance of public factlities within the boundaries of easements shown thereon. AN easements are for surfs a d underground drainage and underground ut'ii es xc t s otherwise stated on this plat. Alyssa ire 4 Dan]- e C. Wtnite N87.4 NDRTHSETTLERS �I LANDINGASSOC. PARCEL f ` GPIK•749715475000000 12.176ACRES 2535 TREFOIL WAY FEMA D.B. 2213, Ptd. 80 MFF -251.5' e ere••e•e° e°°°e.e•ee EASEMEEN (11636ACRES) / 126.90' L4 I &W5146NV 22!.56' LS N62 --DW W , e EX/STlNG ; STRUCTURE To REMAIN ....:...... PARCEL 2 (*J 1.460ACRES -,.FEMA MFF =252.7' THE FOREGOING INSTRUMENT WAS ACKNOOV .EDGED BEFORE ME THIS -DAY OF 20LBY NOTARY REGISTRATION NUMB -1 (A 3S) S MY COMMISSION EXPIRES: CtTY/COUNTY OF COMMONWEALTH OF VIRGINIA THE FOREGOING INSTRUMENT LAS AC THIS--JDAY OF The Chesterfmid Cou my Subdlvislos Ordinance requkw by a family subdivision to ren owner stip of the pM (5) years, and the grantor of such division retain owner of not less than dive (6) yeaas, unim granted violation of this reclutremerri shall be presumed to subdivision ordinance and may result In co ective Wihout limiation, mon of applicable panatties, vacation of the sutdK4sIon. Any indhMuai who Is lim modified Onugh a family subdivision Is Ineligible CAestertiekl County. Uwe certiry that under oath W pentffity of perjury, that qualifying member, the grantors, Chad D. White and to the grantee, Danbe C. While. The grantee is the rnoth Chad D. White NOTARY RE61SMTION NUMBER: Alyssa MY COMMISSION EXPIRES: A jL.ROAp NOERN RFOLK SOV �� 3GPlN: 7047 Ls10' LINE ROAD G1 ° r-• 25'SETBACKLWE /1659 uNTY 804100' '�• iTARY EASEMENTt 50673 O.B. 667, FG. 346 eo•••e• eae°°°ate° e� -_ • Q, /fib '•2 1 '�.. •"'�-•Zig yr(s °'*'/," UmnsoFini . ' �� LINE TABLE LWEETBACK LINE CONSERVATKWAREA TO REMAIN PARCEL f ` (e f 12.176ACRES � 1NlTSN nnm STAT& NOSTRUCTURE FEMA ;\ TO BELOCA 7EDWITIM MEWA MFF -251.5' PRIVATE 40'WATER& GPIN.•7607151657OMW RB. 843A PG. 899 EASEMEEN (11636ACRES) ACCESS 126.90' GRAVEL DRIVE WAY GL CREEK1 L -L7 <S /I / P.B. 68, PG, 47 / --40'uT1LITYd LOT22 r ACCESSEASEMENT *ar D.B. 11193, Pia 395 ?EF01L NORTHS5117LERSL00ING �/AY SEC77ON$ LOT23 5YRiW AS, 64 PG. 47 # 50181'TO THE CENTERLINEOF r/ // P.B. 59, PG. 54 f6'SANITARYSEINE LOT21 \ ,� EASEMENT \ . V, D.B. 909 Ptd d `\\\ Fye ``4° 4�m I \\\\ ,' LOT24 I ` A�� tVS LOT222 LOT23 'LOT 19 V LOT20 �o \ OLD CAMP ROAD R LOT 16` HIGHSTREWWAYEKTENDED SCALE 11-100' 4 10'WA7FAEA5EMENT 0 10b' 201Y D.B. 11299, PG. 34 CURVE TABLE CURVE RADIUS LENGTH TANGENT Pam CNDRABEARING CHORD C1 1887.02' 611.99' 309.40' 20 4A06° NT/°29 80864' C2 2W.00 &OP 3.00' 143'14' SMW=V 6.01' --- LINE TABLE Wfi SEARING LENGTH 0 S5812'48'W ' 145.11' L2 SBD°46'11'W 219.21' L3 S69 50"59'W 126.90' L4 I &W5146NV 22!.56' LS N62 --DW W 233.69' -- -LINE TABLE LINE SEARING LENGTFI L6 N27°21WW 109.02- L7 NSSW231E 98.56' L8 N2•f257'W 54.75' L9 N89"5059: 222.54' Lif I N49'4345'iY 22752' PQ LOC .vii '-Y CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: November 16, 2016 Item Number: 8.8.8. Subject: Streetlight Cost Approval County Administrator's Comments: County Administrator. Board Action Requested: L";I- This item requests Board approval of a streetlight installation in the Matoaca District and authorize the transfer of District Improvement Funds to Streetlights to fund this project. Summary of Information: Requests for streetlights, from individual citizens or civic groups, are received in the Department of Environmental Engineering. Staff requests cost quotations from Dominion Virginia Power for each request received. When the quotations are received, staff re-examines each request and presents them at the next available regular meeting of the Board of Supervisors for consideration. Staff provides the Board with an evaluation of each request based on the following criteria: 1. Streetlights should be located at intersections; and 2. A petition is required which must be signed by 75 percent of the residents within 200 feet of the proposed light and shall include a majority of the homeowners living at the proposed locations. Preparer: Scott B Smedley Attachments: 0 Yes Title: Director, Environmental Engineering ❑ No # CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Summary of Information: (Continued) Cost quotations from Dominion Virginia Power are valid for a period of 60 days. The Board, upon presentation of the cost quotation, may approve, defer, or deny the expenditure of funds from available District Improvement Funds for the streetlight installation. If the expenditure is approved, staff authorizes Dominion Virginia Power to install the streetlight. A denial of a project will result in its cancellation and the District Improvement Fund will be charged the design cost shown; staff will notify the requestor of the denial. Projects cannot be deferred for more than 30 days due to quotation expiration. Quotation expiration has the same effect as a denial. Approval of this installation will result in an annual general fund expenditure increase of $90.24 in streetlight electrical costs. MATOACA DISTRICT: • In the Woods at Summerford subdivision In the vicinity of 13706/13700 Orchid Drive Cost to install streetlight: $1,030.83 (Design Cost: $435.00) Location is not at an intersection STREETLIGHT REQUEST Matoaca District Request Received: June 24, 2016 Estimate Received: October 20, 2016 Estimate Requested: June 28, 2016 Days Estimate Outstanding: 114 NAME OF REQUESTOR: The Woods at Summerford Homeowners Association ADDRESS: Ms. Marcy Peacock, Community Manager 3901 Western Parkway Suite 100 Richmond, VA 23233 REQUESTED LOCATION: In the Woods at Summerford subdivision In the vicinity of 13706/13700 Orchid Drive Cost to install streetlight: $1,030.83 POLICY CRITERIA: Intersection: Location is not at an intersection Petition: Qualified Requestor Comments: "The proposed streetlight is requested at the transformer located between 13706 and 13700 Orchid Drive. The absence of a streetlight at this section of Orchid Drive presents a safety hazard for school children on dark mornings and for late evening walkers. "This section of Orchid Drive is roughly 1000 feet long between intersections. A streetlight in this location would improve safety between intersections." D C I" N ovem be r 16, 2016 E cr C/) EWS C'. A w'P0R&PK\Jq M This map is a copyrighted product of This map shows citizen requested the Chesterfield County GIS Office. streetlight installations in relation to existing streetlights - Streetlight Legend # existing light *requested light 800 400 0 800 Feet Produo9d By Cftestorr4ld County GIS CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 16, 2016 Item Number: 8.8.9. Subiect: Authorize the Appropriation of a Cash Proffer Payment from Fountain Square Condominiums LLC for the Construction of Parking Adjacent to the Chester Library County Administrator's Comments: County Administrator: Board Action Requested: Authorize the appropriation of a cash proffer payment in the amount of $201,600 for the construction of parking adjacent to the Chester Library. Summary of Information: In December 2015 the Board of Supervisors approved an amendment to zoning case 13SN0520 relative to the modification of in-kind improvements to permit the option to accept a cash proffer payment in a Community Business District in lieu of the developer providing library parking improvements. Given the requirements to coordinate the parking improvements with the arts center design and construction activity, staff notified the developer of their preference to accept the payment. The developer is now nearing completion of their project and under the payment option is required to provide a lump -sum payment of $201,600 to the county upon the issuance of a certificate of occupancy for any dwelling unit. The proffer specifies that the payment is to be used for parking lot improvements to serve the Chester Library. Preparer: Allan M. Carmody Title: Director of Finance Attachments: 1:1 Yes ® No #` Jit 0 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: November 16, 2016 Item Number: 8.8.10. Subject: Appropriation of Funds and Authorization to Proceed with Right -of -Way Acquisition and Advertisement and Award for Construction of the Matoaca Road and Hickory Road Intersection Improvement Project County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to appropriate $3,142,631 in anticipated VDOT reimbursements; authorize the County Administrator to proceed with the Matoaca Road and Hickory Road Intersection Improvement Project; authorize the award of a construction contract, up to $2,100,000, to the lowest responsive and responsible bidder; and authorize the Director of Purchasing to execute all necessary change orders for the work. un to the full amount budaeted for the prosect. Summary of Information: In 2010, the Matoaca Road and Hickory Road Intersection Improvement project received funding from the Tri -Cities Metropolitan Planning Organization to address poor horizontal and vertical alignments and to reduce accidents. In 2013, the Virginia Department of Transportation (VDOT) advanced the obligation of funds for the preliminary engineering phase and the County agreed to administer the project. (Continued on next page) Preparer: Jesse W. Smith Preparer: Matt Harris Attachments: ■ Yes Title: Director of Transportation Title: Director of Budget and Management No #' CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Summary of Information: (Continued) A Citizen Information meeting was held on August 10, 2016, to obtain input on the project design. Based on feedback received at the meeting, there is general support for the project. A "Willingness to Hold a Public Hearing" was advertised in October. Staff has met with property owners to address specific concerns. There were no requests for a hearing. Right-of-way will have to be acquired from approximately six parcels impacted by the project construction. No families or businesses will be relocated. Upon the Board's approval, right-of-way acquisition will begin immediately. Staff will attempt to negotiate a settlement for all of the right-of-way acquisitions. If settlements cannot be reached, staff requests authorization to advertise a public hearing for eminent domain proceedings. Staff is also requesting authorization to advertise and award a construction contract, up to $2,100,000 to the lowest responsive and responsible bidder. If funds are advanced, construction is expected to begin in the spring of 2018 with completion expected by the fall of 2018. Recommendation: Staff recommends the Board take the following actions: 1. Appropriate $3,142,631 in anticipated VDOT reimbursements; 2. Authorize the County Administrator to proceed with the right-of-way acquisition, including advertisement of an eminent domain public hearing if necessary and to accept the conveyance of right-of-way and easements that are acquired; 3. Authorize the Chairman of the Board of Supervisors and County Administrator to execute easement agreements for relocation of utilities; 4. Authorize the Director of Purchasing to proceed with the advertisement of a construction contract for the project. 5. Authorize award of a construction contract, up to $2,100,000, to the lowest responsive and responsible bidder; and 6. Authorize the Director of Purchasing to execute all necessary change orders for the work, up to the full amount budgeted for the project. District: Matoaca MATOACA ROAD & HICKORY ROAD INTERSECTION IMPROVEMENT PROJECT N A El CD rj 07 q�' Matoaca/Hickory Intersection Improvement .171 0 117 ................ ............... . . . . U ,Hickory Rd <> 1�111,11111'10',-o 260 520 1,040 Feet • . . - • , i . § M 1 • - - • • .. • . - •Fig I*-]9i►yi/_tiIII � Preliminary Engineering $254,369 Right -of -Way & Utilities $712,631 Construction Engineering $120,000 Construction $2,100,000 Construction Contingency $210,000 Total $3,397,000 INAv/A►111�1 VDOT Reimbursements: $254,369 October 9, 2013 Proposed Appropriation: Anticipated VDOT Reimbursements $3,142,631 November 16, 2016 Total $3,397,000 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 16, 2016 Item Number: 8.8.11. Subiect: Transfer a Total of $3,033 in Midlothian District Improvement Funds to Chesterfield Fire and Emergency Medical Services to Purchase and Install Signage at Fire Station 5 Forest View Volunteer Rescue Squad County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to transfer a total of $3,033 in Midlothian District Improvement Funds to Chesterfield Fire and Emergency Medical Services to purchase and install signage at Station 5 Forest View Volunteer Rescue Squad. Summary of Information: Supervisor Haley has requested the Board to transfer a total of $3,033 in Midlothian District Improvement Funds to Chesterfield Fire and Emergency Medical Services. The funds will be used toward the purchase and installation of signage at Fire Station 5 Forest View Volunteer Rescue Squad. Forest View Volunteer Rescue Squad has provided the remaining funds needed for the project. The Board can transfer money to Chesterfield Fire and Emergency Medical Services to make public capital improvements on property of a volunteer rescue squad under Va. Code § 15.2-953B. Preparer: Matt Harris Title: Director, Budget & Management Attachments: 0 Yes F-1No 4 �2ov 0 CHESTERFIELD COUNTY DISTRICT ..r APPLICATION This application must be completed and signed before the County can consider a request for funding with District Improvement Funds. Completing and signing this form does not mean that you will receive funding or that the County can legally consider your request. Virginia law places substantial restrictions on the authority of the County to give public funds, such as District Improvement Funds, to private persons or organizations and these restrictions may preclude the County's Board of Supervisors from even considering your request. 1. What is the name of the applicant (person or Forest View Volenteer Rescue, squad Inc organization) making this funding request? 2. If an organization is the applicant, what is the nature and purpose of the organization? (Attach organization's most recent articles of incorporation and/or bylaws to application.) 3. What is the amount of funding you are seeki 4. Describe in detail the funding request and how the money, if approved, will be spent. S. Is any Chesterfield County Department involved in the project, event or program for which you are seeking funds? Provide name of other department Provise EMS servives to Chesterfiels County $3032.95 1/2 purchase sign for Station 5 in Midlothian Yes Chesterfield Fire and EMS 6. If this request for funding will not fully fund your activity or program, what other individual Yes Forest View has paid the deposit $3,032.95 or organization will provide the remainder of the fundine? 7. If the applicant is an organization, answer the following Is the organization a corporation I Yes - corporation Is the organization non-profit? Yes - non-profit M M_ ITI-Mr-MMICTIMM WMMI Signature of the applicant — If you are signing on behalf of an organization you must .- p „ . epidetvice-president, chairman/director or vice-chairman. Date Received: District: Yes - tax-exempt Post Office Box 36153 North Chesterfield Virginia 23235 - address 804 330-2574 - phone -fax president@fvrs.org - email Foest View Volunteer Rescue Squad Inc. nt Name of plicont Pre ode Title If signing on behalf of organization John V. Hilliard Jr. -printed name November 12016 - date .._ CHESTERFIELD COUNTY ` BOARD OF SUPERVISORS Page 1 of 2 AGENDA Meeting Date: November 16, 2016 Item Number: 8.C. Subject: Approve the Purchase of River City Sportsplex and the Transfer and Appropriation of Funds for the Purchase County Administrator's Comments: County Administrator: Board Action Requested: Approve the purchase of a parcel of land, commonly known as River City Sportsplex, containing 115 acres, more or less, from Sports Complex Holdings, LLC, and authorize the County Administrator to execute the contract and deed, as well as transfer approximately $1.815 million from the Western Area Regional Park, transfer $106,437 from park improvements, appropriate and transfer approximately $2.65 million in restricted hotel tax reserves and appropriate and transfer approximately $1.065 million in parks cash proffers. Summary of Information: The Board is requested to approve the purchase of River City Sportsplex from Sports Complex Holdings and authorize the County Administrator to execute the contract and deed. The discounted purchase price of $5.5 million accounts for the remaining value of the lease and the county's contribution to the previous owner for indoor recreation space. The attached purchase and sale agreement includes the purchase of personal property for $106,437 as shown on Exhibit G-6. Due diligence items either underway or to be completed prior to closing include an environmental assessment and an appraisal. Closing costs are estimated to be $30,000. The 12 field synthetic turf complex is one of the largest of its kind in the U.S. Currently, the county has access to 8 of those fields Monday - Thursday for local use. This purchase would make all 12 fields available, seven days a week. District: Clover Hill Preparer: John W. Harmon Preparer: Matt Harris Attachments: 0 Yes F-1No Title: Real Propertyger Title: Budget Director CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Summary of Information: (continued) That alone would negate the need for additional rectangular fields (currently unfunded projects in the CIP) to meet the level of service standards for our residents for the immediate future. When not in use by county residents, this complex serves as the centerpiece of the county's sports tourism program which generates a regional economic impact of $50 million annually. County ownership of the property positions the county for continued positive working relationships with tournament organizers and a bright future for the tourism program. As is the case for many of the county's large, regional -scale parks, development of the property will be funded over a multi-year period. A long term plan for build out of the site will be included in the upcoming Parks and Recreation Master Plan update. Future considerations for this property include additional paved parking spaces, improved restroom facilities (expanded capacity and improvements to the existing facility) , construction of a turn lane on Genito Road and additional lighting (parking, site, and fields). These improvements are estimated to cost $4.5 million and would be brought forth for the Board's consideration in upcoming CIP budget cycles. Additionally, the county will assume all responsibility for turf replacement between FY2020 and FY2032 at approximately $7 million (currently under contract to finance a third of the replacement cost for eight fields). The site improvements could be financed by the rental revenue generated by the facility and future hotel tax receipts that must be dedicated to tourism. River City Sportsplex has become a tremendous asset to our community, both as a site for community recreation and as an economic development engine. Funds to purchase the property are available per the following chart. The revenues noted below currently exist and are established for this type of use. More specifically, a portion of local hotel tax receipts are restricted to tourism related activities. The amount shown represents collections from the restricted tax receipts. Funding for the Western Area Regional Park is available and staff recommends the amount shown be transferred to this project. Staff is tentatively scheduled to bring forth alternative funding recommendations for the Western Area Regional Park project at the December 14th Board of Supervisors meeting. The parks cash proffers are also currently on hand - parks cash proffers can only be used for park projects. The unappropriated parks cash proffer balance will be approximately $200,000, after transferring funds for the River City Sportsplex purchase. Staff recommends approval. �J : Property Purchase Source Amount Hotel Tax Reserve - restricted for tourism $2,620,000 Western Area Regional Park - existing appropriation; if approved, staff will develop an alternative funding plan proposal $1,815,000 Parks Cash Proffers $1,065,000 Total Purchase Price $5,500,000 Closing Costs Source Hotel Tax Reserve - restricted for tourism $30, 000 Total Closing Costs $30,000 Personal Property Purchase Source Park Improvements $106,437 Total Personal Property Purchase $106,437 Che,Stedit'4d Counly Right c")f Way Office Se ptomber 2, 2016 � hCm - %3 4 %4, t 71 m $b o E bi SR .20 & ; €ya ,u v STATE ROUTE 288 lr m t I cyX k s ayz -.---- �y: n y rn 3 SLpR{YS i{g'-1 A vu� _ I ev dN M "'s xr r ` IM fi A fi HNI €�'t'• r �, v ry F' F a it F 'oma' 4) u a y R s x H”, _r- vN'�T E 11 n ? Is cf m wd>'i C a, r, z m m ;o z= '. 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Earnest Money 5. Closing 6. Access and Inspection; Examination by Buyer 7. Title; Permitted Exceptions 8. Survey 9. Environmental Assessments 10. Closing Adjustments 11. Closing 12. Closing Costs 13. Buyer's Inspection 14. Warranties, Representations and Covenants of Seller 15. Warranties, Representations and Covenants of Buyer 16. Conditions to Buyer's and Seller's Obligations 17. Possession at Closing 18. Remedies 19. Risk of Loss and Insurance 20. Condemnation 21. Negotiation of Documents 22. Notice of Developments 23. Assignment 24. Parties i 25. Broker and Commission 26. Reimbursement Obligations 27. Further Assurances; Survival 28. Modification 29. Applicable Law 30. Counterparts 31. Time 32. Captions 33. Exhibits 34. Notices 35. Attorneys' Fees 36. Effective Date; Holidays 37. Number and Gender 38. Entire Agreement 39. No Press Releases 40. Construction 41. Agreements Enforceable 42. Ambiguities 43. Waiver of Trial by Jury 44. Third Party Beneficiaries 45. Jurisdiction 46. No Recording 47. No Waiver 48. Severability 49. Illegality it t 50. Binding Agreement iii SCHEDULE OF EXHIBITS Schedule I Definitions Exhibit A Property Description Exhibit B Description of Personal Property Exhibit C Information Regarding Facility Agreements Exhibit D List of Rejected Agreements Exhibit E Form of Escrow Agreement Exhibit F Form of Deed Exhibit G Form of Bill of Sale and Assignment of Permits Exhibit H Form of Assignment and Assumption of Facility Agreements Exhibit I List of Assumed Obligations PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (as it may be amended, this "Agreement") is made and entered into as of the 25th day of October, 2016 (the "Effective Date"), by and between COUNTY OF CHESTERFIELD, VIRGINIA, ("Buyer"), and SPORTS COMPLEX HOLDINGS, LLC, a Georgia limited liability company ("Seller"). RECITALS A. Seller owns certain real property and improvements located on Genito Road in Midlothian, VA 23112 (as more fully described below); and B. Seller desires to sell to Buyer, and Buyer desires to purchase from Seller, the Property (as defined below), on the terms and conditions contained in this Agreement; AGREEMENT NOW, THEREFORE, in consideration of the Earnest Money (as defined in Section 4 below) in hand paid by Buyer to Safe Harbor Title Insurance Company ("Escrow Agent"), the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Definitions. For purposes of this Agreement, all capitalized terms and certain other terms used herein shall have the respective meanings ascribed to them in Schedule I attached hereto and made a part hereof. 2. Property. Seller hereby agrees to sell and convey to Buyer, and Buyer hereby agrees to purchase and take from Seller, subject to and in accordance with all of the terms and conditions of this Agreement, the following (a) All right, title and interest of Seller in and to that certain lot, tract or parcel of improved real estate located on Genito Road in Midlothian, VA 23112, containing approximately 115.2 acres, all as more particularly described on Exhibit A attached hereto and incorporated herein by this reference, together with all plants, shrubs and trees located thereon, and together with all rights, ways and easements appurtenant thereto, including, without limitation, all of Seller's right, title and interest, if any, in and to the land underlying, the air space overlying and any public or private ways or streets crossing or abutting said real estate (collectively, the "Land"); (b) All right, title and interest of Seller in and to the buildings, structures and other improvements of any and every nature located on the Land and all fixtures attached or affixed to the Land or to any such buildings, structures or other improvements (collectively, the "Improvements"); 1 (c) All right, title and interest of Seller in and to the goods, equipment, machinery, apparatus, fittings, furniture, furnishings, supplies, spare parts, appliances, tools, and other personal property used in connection with the operation, management or maintenance of the Land or the Improvements, as listed on Exhibit B attached hereto and incorporated herein by this reference (collectively, the "Personal Property"); (d) All of the right, title and interest of the Seller in, to and under all agreements for the use, occupancy or possession of all or any part of the Land or the Improvements, as listed on Exhibit C attached hereto and incorporated herein by this reference (collectively, the "Facility Agreements"); (e) All of the right, title and interest of Seller in, to and under certificates, licenses, permits, authorizations, consents and approvals (collectively, the "Permits"), but only to the extent the foregoing are related to the use, occupancy, possession and/or operation of the Land and the Improvements and only to the extent the same are assignable; and (f) The Land, the Improvements and the Personal Property are hereinafter sometimes collectively called the "Project" and all of the foregoing are hereinafter sometimes collectively called the "Property." 3. Purchase Price, Method of Payment. The purchase price for the Land and Improvements shall be FIVE MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($5,500,000.00) (the "Land and Improvements Purchase Price"). The purchase price for the Personal Property shall be ONE HUNDRED SIX THOUSAND FOUR HUNDRED THIRTY-SEVEN AND NO/100 DOLLARS ($106,437.00) (the "Personal Property Purchase Price"). The total purchase price payable under this Agreement (the "Purchase Price") shall be the sum of the Land and Improvements Purchase Price plus the Personal Property Purchase Price. The Purchase Price shall be paid on the Closing Date to Seller, subject to the Closing Adjustments (as defined in Section 10 below) and the payment of Closing Costs (as defined in Section 12 below), by wire delivery of funds through the Federal Reserve System to an account designated in writing by Seller. The Buyer's obligation to purchase the Property is contingent upon obtaining an appraisal before the end of the Inspection Period of the Land and Improvements acceptable to Buyer in its reasonable discretion that establishes a fair market value of the Land and Improvements (the "Appraised Value") in an amount equal to or greater than the Land and Improvements Purchase Price (the "Appraisal Contingency"). In the event Buyer has not delivered, during the Inspection Period, written notice to Seller of Buyer's termination of this Agreement as a result of the Appraised Value being less than the Land and Improvements Purchase Price, the Appraisal Contingency shall be deemed satisfied and Buyer shall proceed to Closing. 4. Earnest Money. Within ten (10) business days after the approval of the purchase by the Chesterfield County Board of Supervisors, Buyer shall deliver to Escrow Agent the sum 7 of ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00) (the "Earnest Money"). On the Closing Date, the Earnest Money shall be applied as part payment of the Purchase Price. The rights, duties and obligations of Seller, Buyer and Escrow Agent with respect to the escrow created hereby shall be governed by the provisions of an escrow agreement in the form of Exhibit E attached hereto and incorporated herein by this reference. The Earnest Money shall be refundable to Buyer only to the extent expressly set forth in this Agreement. In the event that the Closing does not occur by the Closing Date, the Earnest Money shall be disbursed as provided herein. 5. Closing. The closing of the purchase and sale of the Property as described in this Agreement (the "Closing") shall occur on or before December 7, 2016, or at such other time as may be otherwise agreed upon in writing by Buyer and Seller (the "Closing Date"). This Agreement and such other agreements or instruments as may be reasonably necessary to consummate the transaction contemplated hereby shall be collectively referred to as the "Closing Documents." 6. Access and Inspection; Examination by Buyer. Buyer shall have a period of forty- five (45) days following the Effective Date or such longer period of time as the parties may agree in writing (the "Inspection Period") in order to conduct its investigation of the Property. (a) During the Inspection Period, Buyer and Buyer's agents and designees shall have the right, upon not less than twenty-four (24) hours prior notice, to enter the Project for the purposes of inspecting the Property, copying (at Buyer's sole expense) on-site records that directly relate to the operation of the Project, and making any other investigations and inspections as Buyer may reasonably require to assess the condition of the Property; provided, however, that such activities by or on behalf of Buyer on the Project shall not materially damage the Project. Buyer's activities at the Property shall be conducted in such a manner so as not to unreasonably interfere with the occupancy of any employees, licensees or invitees of Seller. Buyer shall be obligated to obtain Seller's prior written approval for the performance of any invasive or intrusive environmental or other testing. Buyer shall fill, patch and restore any holes created in connection with any tests. In the event Buyer terminates this Agreement for any reason, Buyer shall immediately restore the Property to its condition prior to Buyer's entry onto the Property. Buyer further agrees, to the extent permitted by law, to be responsible for its agents' and employees' acts and omissions within the scope of their duties occurring during the Inspection Period which cause injury to persons or property. Notwithstanding anything to the contrary contained elsewhere in this Agreement, the provisions of this Section 6(a) shall survive the termination of this Agreement for a period of twelve (12) months. (b) On or before the date ten (10) business days after the Effective Date, Seller shall deliver to Buyer, if not previously delivered, such documents as may be reasonably requested in writing by Buyer, including, but not limited to the following documents and 3�a information with respect to the Property (collectively, the "Due Diligence Information") but only to the extent the documents and information are in the custody or control of Seller. (i) Copies of the Facility Agreements; and (ii) Copy of the most recent survey of the Land and Improvements. Buyer understands and acknowledges that neither Seller nor any of Seller's representatives or advisors makes and/or has made any representation or warranty to Buyer as to the accuracy or completeness of the Due Diligence Information and that neither Seller nor any of Seller's representatives or advisors has made any attempt to verify the data contained therein. Buyer agrees that Seller shall not have any liability to Buyer as a result of Buyer's use of the Due Diligence Information and it is understood that Buyer is expected to perform its own studies and is responsible for such investigations and inspections of the Property, including investigation of environmental conditions, as Buyer deems necessary or desirable and as permitted by agreement between the parties. (c) During the Inspection Period, Buyer may examine the Property and conduct title examinations, soil tests, environmental surveys, mechanical and structural studies and analyses, make surveys, and conduct all other investigations of the Property as Buyer deems necessary to determine whether the Property is suitable and satisfactory to Buyer. Notwithstanding anything to the contrary set forth in this Agreement, this Agreement shall terminate on the date that Buyer or Buyer's counsel gives written notice to Seller (with a copy to Seller's counsel) that the results of its examinations and investigations undertaken during the Inspection Period are unsatisfactory to Buyer, provided that such written notice is received by Seller on or before the expiration of the Inspection Period. If Buyer fails to give such notice before the expiration of the Inspection Period, then this Agreement shall continue in full force and effect in accordance with, and subject to, all the terms and conditions hereof. (d) If this Agreement is terminated by Buyer pursuant to Section 6(c) above, all Due Diligence Information delivered by Seller to Buyer shall be returned to Seller, the Earnest Money shall be refunded to Buyer immediately upon direction of Buyer and Seller to the Escrow Agent, Buyer shall deliver to Seller copies of any reports, studies and commitments obtained by Buyer during the Inspection Period, and all rights and obligations of the parties under this Agreement shall terminate (except as otherwise expressly provided herein, including any reimbursement obligations). 7. Title; Permitted Exceptions. At the Closing, Buyer shall take title to the Land and Improvements subject to the Permitted Exceptions. For the purposes of this Agreement, the term "Permitted Exceptions" shall mean: (A) current taxes not yet due and payable; (B) recorded easements affecting the Project; (C) any lien in favor of Buyer affecting any portion of the Project; and (D) such other title matters not objected to in writing by Buyer during the Inspection Period. 4 2 ✓1v 8. Survey. During the Inspection Period, Buyer may cause a current as -built survey of the Property to be prepared by a surveyor registered and licensed in the Commonwealth of Virginia and designated by Buyer (the "Survey"). The Survey shall depict such information as Buyer shall require. If requested by Buyer, the Survey shall be used as the basis for the preparation of a legal description to be included in the Special Warranty Deed described in Section I I(a)(i) below to be delivered by Seller to Buyer at Closing. The cost of the Survey shall be borne by Buyer in accordance with Section 12 below. 9. Environmental Assessments. During the Inspection Period, Buyer may cause to be undertaken and completed, a current environmental site assessment of the Property prepared by an environmental inspection and engineering firm designated by Buyer (the "Environmental Assessment"), subject to the provisions of Section 6. The Environmental Assessment shall contain such information as Buyer shall require. The cost of the Environmental Assessment shall be borne by Buyer in accordance with Section 12 below. 10. Closing Adjustments. The prorations and adjustments described in this Section 10 (collectively the "Closing Adjustments") shall be made between Buyer and Seller at Closing or thereafter in accordance with the following: (a) All state and county ad valorem taxes and similar impositions levied or imposed upon or assessed against the Property (the "Taxes") for the year in which Closing occurs shall be prorated as of the Closing Date. (b) Unless Buyer initiates new utility accounts or contracts with the applicable utility providers, all utility charges (including, without limitation, telephone, water, storm and sanitary sewer, electricity, gas, garbage and waste shall be prorated as of the Closing Date, transfer fees required with respect to any such utility shall be paid by or charged to Buyer, and Seller shall be credited with any deposits transferred to the account of Buyer; (c) All sums paid by parties under the Facility Agreements, shall be prorated as of the Closing Date; (d) Unless otherwise agreed to in writing by Seller and Buyer, (i) All Property income and receivables relating to periods prior to the Closing Date shall remain the property of Seller; (ii) All Property income and receivables relating to periods commencing on or after the Closing Date shall be the property of Buyer. Income from the Property received for/during the month of the Closing shall be prorated between Seller and Buyer; and (iii) All other items of expense and income regarding the operation and ownership of the Property shall be prorated as of the Closing Date. (e) The parties acknowledge that not all invoices for expenses incurred with respect to the Property prior to the Closing will be received by the Closing and that a mechanism needs to be in place so that such invoices can be paid as received. All of the Closing Adjustments will be done on an interim basis at the Closing and will be subject to final adjustment in accordance with this Section 10(e). After Closing, upon receipt by Buyer of an invoice for the Property's operating expenses that are attributable in whole or in part to a period prior to the Closing and that were not apportioned at Closing, Buyer shall within ten (10) days submit to Seller a copy of such invoice with such additional supporting information as Seller shall reasonably request. Within ten (10) days of receipt of such copy, Seller shall pay to Buyer an amount equal to the portion of such invoice attributable to the period ending on the Closing Date. (f) In the event that any of the prorations or adjustments described in this Section 10 are based upon estimated or erroneous information, then the parties shall make between themselves any equitable adjustment required by reason of any difference between such estimated or erroneous amounts and the actual amounts of such sums within ten (10) days following the receipt by the parties of information correcting or finalizing such estimated or erroneous information. In making the prorations required by this Section 10, the economic burdens and benefits of ownership of the Property for the Closing Date shall be allocated to Buyer. The provisions of this Section 10 shall survive Closing for a period of twelve (12) months. 11. Closing. On the Closing Date, the Closing shall take place as follows: (a) Seller shall deliver to Buyer the following documents and instruments, duly executed by or on behalf of Seller in recordable form, where applicable: (i) a Special Warranty Deed (the "Deed") in the form attached hereto as Exhibit F, properly executed and acknowledged conveying the Land and the Improvements to Buyer, subject to the Permitted Exceptions; (ii) a Bill of Sale and Assignment of Permits, substantially in the form attached hereto as Exhibit G and incorporated herein by this reference conveying the Personal Property and transferring and assigning Seller's right, title and interest in and to the Permits; (iii) an Assignment and Assumption of Facility Agreements, substantially in the form attached hereto as Exhibit H and incorporated herein by this reference transferring and assigning Seller's right, title and interest in and to the Facility Agreements; (iv) a certificate of a duly authorized member (or manager) of Seller, sworn to under penalties of perjury, setting forth Seller's U.S. tax identification number and 6 p -LIZ stating that Seller is a "United States person" within the meaning of Sections 1445(f)(3) and 7701(a) of the Code (the "FIRPTA Certificate"); (v) a completed 1099-S request for taxpayer identification number and certification and acknowledgment; (vi) any form required to be filed or provided to government agencies with respect to real estate transfer tax payments and evidence of such payment, if required; (vii) a settlement statement with respect to the Closing duly executed by Seller (the "Closing Statement"); (viii) a certificate of a duly authorized member (or manager) of Seller or other evidence in form and substance reasonably satisfactory to Buyer that (A) Seller has the power and authority to execute and enter into this Agreement and to consummate the sale of the Property, and that any and all actions required to authorize and approve the execution of and entry into this Agreement by Seller, the performance by Seller of all of Seller's duties and obligations under this Agreement, and the execution and delivery by Seiler of all Closing Documents to be executed and delivered to Buyer at Closing, have been accomplished and (B) all of Seller's representations and warranties made in this Agreement are true and correct in all material respects as of the Closing Date; Agreements; (ix) the executed originals (or copies if no originals exist) of the Facility (x) all keys to the Property in the possession of Seller; and (xi) such other documents, instruments and deliverables as are otherwise required by this Agreement, or as may be reasonably necessary to consummate this transaction. (b) Buyer shall deliver to Seller the following, if the same have not been theretofore delivered by Buyer to Seller: (i) The Purchase Price in accordance with the provisions of this Agreement; (ii) An executed copy of the Bill of Sale and Assignment of Permits, and the Assignment and Assumption of Facility Agreements assuming the obligations of Seller under such Facility Agreements; (iii) A certificate of the Clerk to the Board of Supervisors, of Chesterfield County, Virginia, or other evidence in form and substance reasonably satisfactory to .Seller, that all appropriate county action authorizing the execution, delivery and performance by Buyer of this Agreement and the other Closing Documents have been accomplished; 7 (iv) A certificate executed by a duly authorized representative of Buyer that all of Buyer's representations and warranties made in this Agreement are true and correct; (v) The Closing Statement duly executed by Buyer; and (vi) Such other Closing Documents as are otherwise required by this Agreement, or as may be reasonably necessary to consummate the transactions with Seller under this Agreement. 12. Closing Costs. Buyer shall pay (a) all recording taxes and costs incurred in connection the Deed, other than the grantor's taxes payable by the Seller, (b) the cost of the Environmental Assessment, (c) the cost of the Survey and (d) the premium for any title policy, including without limitation the cost of the title commitment, endorsements and any title search or cancellation fee associated therewith. Seller shall pay the grantor's tax imposed by the state, county or municipality in connection with the Deed. Seller shall pay its own attorneys' fees and Buyer shall pay its own attorneys' fees. All other costs and expenses of the transaction contemplated hereby shall be borne by the party incurring the same. The costs described in this Section 12 shall be referred to in this Agreement as the "Closing Costs." 13. Buyer's Inspection. Except as expressly provided in this Agreement and the Closing documents, Seller has not made, does not make and specifically negates and disclaims any representations, warranties, promises, covenants, agreements or guaranties of any kind, nature or character whatsoever, whether express or implied, oral or written, past, present or future, of, as to, concerning or with respect to (i) the value, nature, quality or condition of the Property, including, without limitation, the structure, water, soil and geology, and the presence or absence of pollutants, contaminants, chemicals or industrial, toxic or other Hazardous Substances or wastes or hazardous materials of any kind or nature (including, without limitation, asbestos and lead paint), (ii) the income to be derived from the Project or the expenses to be incurred, (iii) the suitability of the Property for any and all activities and uses that Buyer may conduct thereon, (iv) the compliance or non-compliance of or by the Property or its operation with any laws, rules, ordinances or regulations of any applicable governmental authority or body, including, without limitation, all zoning, building, health, fire and environmental matters, (v) THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROJECT, INCLUDING ALL REAL AND PERSONAL PROPERTY SOLD HEREIN, (vi) the manner or quality of the construction of materials, if any, incorporated into the Project, (vii) the manner, quality, state of repair or lack of repair of the Project, or (viii) any other matter with respect to the Property. Except as expressly provided in this Agreement and the Closing documents, Buyer further acknowledges and agrees that it has already investigated and examined the Property and is afforded the further opportunity to do so pursuant to Section 6 of this Agreement; is relying solely on its own investigation of the Property and not on any information provided or to be provided by Seller or Seller's agents; that any information provided or to be provided with respect to the Property was obtained from a variety of sources and that Seller and Seller's agents have not made any independent investigation or verification of such information and make no representations or warranties as to the accuracy or completeness, methodology or preparation of, or otherwise concerning such information, except to the extent specifically set forth herein. Except as expressly provided in this Agreement and the Closing documents, Seller is not liable or bound in any manner by any verbal or written statement, representations or information pertaining to the Property, or the operation thereof, furnished by a real estate broker, agent, employee, servant or other person. Buyer further acknowledges and agrees that, to the maximum extent permitted by law, the sale of the Property as provided for herein is made on an "AS IS" condition and basis with all faults and defects, whether known or unknown. The provisions of this Section 13 shall survive the Closing. 14. Warranties, Representations and Covenants of Seller. Seller represents, warrants and covenants to and with Buyer as follows: (a) Seller is a limited liability company, duly organized and validly existing under the laws of the State of Georgia. (b) Seller has the power and authority to own and operate the Property. Seiler has all necessary power and authority to enter into this Agreement and to enter into and deliver the Closing Documents required to be executed by Seller pursuant to the terms hereof and to perform Seller's obligations hereunder and thereunder. Seller is not in default under its organizational documents and no consents, approvals, waivers, notifications, acknowledgments or permissions by any third party are required, or if required have been obtained, in order for Seller to execute and perform under this Agreement. (c) The execution and delivery of this Agreement and the other Closing Documents required to be executed by Seller, and the performance of Seller's obligations under this Agreement and the other Closing Documents required to be executed by Seller, have been duly authorized by all requisite action, and this Agreement has been duly executed and delivered by Seller. This Agreement and the Closing Documents when executed and delivered by Seller constitute the valid and binding obligation of Seller, subject, however, to bankruptcy and similar laws affecting the rights and remedies of creditors generally. (d) The execution and delivery of this Agreement and the other Closing Documents to be executed and delivered by Seller and the performance by Seller of Seller's duties and obligations under this Agreement and the other Closing Documents to be executed and delivered by Seller are consistent with and not in violation of, and will not create any adverse condition under, any contract, agreement or other instrument to which Seller is a party, any judicial order or judgment of any nature by which Seller is bound, or the organizational documents of Seller. 9 ej,' (e) Seller will pay, or cause to be paid promptly when due, all Taxes, all sewer and water charges and all other governmental charges levied or imposed upon or assessed against the Property that become due and payable between the Effective Date and the Closing Date, and will pay or cause to be paid all normal and customary expenses incurred in the use, occupancy and operation of the Property between the Effective Date and the Closing Date; provided, however, that Seller may, in good faith, contest any of such taxes, assessments and charges. (f) Between the Effective Date and the Closing Date, Seller shall operate the Project in the ordinary course of business and shall maintain and repair the Project so that, on the Closing Date, the Project will be in substantially the same condition as it exists on the Effective Date, ordinary wear and tear excepted. (g) To the best knowledge of Seller, on or before the Closing Date, true, complete and correct copies of all Permits in Seller's possession will have been delivered to Buyer. (h) On or before the Closing Date, the service agreements set forth on Exhibit D attached hereto and incorporated herein by this reference (collectively, the "Rejected Agreements") shall be terminated. (i) Seller currently has in place and will continue to carry up to the Closing Date public liability insurance and casualty insurance for the Project, and each of such insurance policies is in full force and effect and all premiums due and payable thereunder were fully paid when due. 0) Seller shall promptly deliver to Buyer written notice of any known casualty or condemnation or taking involving the Property. (k) Seller's Federal Tax Identification Number is 45-5429021. (1) Seller is not a "foreign person" within the meaning of Section 1445 of the Code. (m) To the best knowledge of Seller, during the period of Seller's ownership, there is no portion of the Property upon which any Hazardous Substances or wastes have ever been, or are being, used, generated, stored, disposed of, released or found in amounts in violation of applicable laws. No underground storage tanks are located on the Property. Notwithstanding anything contained herein to the contrary, hazardous substances or wastes shall not include those hazardous substances or wastes that are used, stored, handled and disposed of in accordance with applicable laws. (n) Seller has no knowledge of any actions, suits, liens, investigations, claims or proceedings of any kind or nature whatsoever, legal or equitable, pending or to Seller's actual 10 knowledge threatened, against Seller or the Property, or any portion or portions thereof, relating to or arising out of the ownership of the Property, in any court or before or by any federal, state, county or municipal department, commission, board, bureau or agency or other governmental instrumentality, including, without limitation, any condemnation or eminent domain proceedings. (o) Seller has no knowledge of any off -record or undisclosed legal or equitable interest in any part of the Property owned by any other person, or entity. No person, firm, corporation or other legal entity whatsoever has any right or option whatsoever to acquire the Property or any portion or portions thereof or any interest or interests therein. (p) Seller has no knowledge of any violation or breach of any ordinance, code, law, rule, requirement or regulation pertaining to the Property. (q) Seller has no knowledge of any taxes, assessments and/or charges (including interest and penalties thereon) for prior years and up until ClosinZD g that are currently due, or that may be imposed, as a result of any change in usage or ownership of the Land. (r) Seller hereby covenants and agrees that, from and after the Effective Date hereof until the date of the Closing, Seller shall not, without the prior written consent of an authorized agent of Buyer, (i) change or alter the physical condition of the Property in any material respect, (ii) grant or otherwise create or consent to the creation of any new easement, restriction, lien, assessment or encumbrance affecting the Property or any portion or portions thereof, (iii) enter into any agreement, commitment, dedication, or other instrument outside of the ordinary course of Seller's business, consistent with past practices that materially affects the Property and would bind Buyer after Closing. As set forth in Section 6(a) above, Seller shall take commercially reasonable steps to terminate the Rejected Agreements effective at or prior to Closing. Wherever in this Agreement any covenant, representation or warranty is made to the knowledge, belief or awareness of Seller, such knowledge shall be deemed to be the actual, present knowledge of Chuck Dobbins (who is Seller's most knowledgeable representative with respect to the Property), after due inquiry of Katie McKenna with CBRE (Seller's third -party property manager). The provisions of this Section 14 shall survive Closing for a period of twelve (12) months. 15. Warranties. Representations and Covenants of Buyer. Buyer represents, warrants and covenants with Seller as follows: (a) Buyer has the lawful right, power and authority to enter into and deliver this Agreement and the other Closing Documents required to be executed and delivered by Buyer and to perform its obligations hereunder and thereunder. (b) There are no actions, suits or proceedings pending or to Buyer's knowledge threatened against, by or affecting Buyer that question the validity or enforceability of this Agreement or any action taken by Buyer under this Agreement, in any court or before any governmental authority, domestic or foreign. (c) The execution and delivery of this Agreement and the other Closing Documents required to be executed and delivered by Buyer and the performance by Buyer of Buyer's duties and obligations under this Agreement and the other Closing Documents required to be executed and delivered by Buyer are consistent with and not in violation of, and will not create any adverse condition under, any contract, agreement or other instrument to which Buyer is a party, any judicial order or judgment of any nature by which Buyer is bound. (d) On the Closing Date, all action will have been taken by Buyer authorizing and approving the execution of and entry into this Agreement, the execution and delivery by Buyer of the documents and instruments to be executed and delivered by Buyer on the Closing Date pursuant to the terms of this Agreement, and the performance by Buyer of Buyer's duties and obligations under this Agreement and all other acts necessary and appropriate for the consummation of the purchase of the Property as contemplated by and provided for in this Agreement. (e) Buyer agrees to assume on the Closing Date all of the obligations set forth on Exhibit I attached hereto and incorporated herein by this reference (collectively the "Assumed Obligations"). Buyer further acknowledges that Seiler shall have no liability whatsoever for any obligation arising under the Assumed Agreements after the Closing Date. The provisions of this Section 15 shall survive Closing for a period of twelve (12) months. 16. Conditions to Buyer's and Seller's Obligations. (a) Buyer's obligation to consummate the purchase of the Property on the Closing Date shall be subject to the satisfaction or performance of the following terms and conditions, any one or more of which may be waived by Buyer, in whole or in part, on or as of the Closing Date: (i) Seller shall have materially complied with all covenants and provisions required by this Agreement to be complied with by Seller before, on, or as of the Closing Date; (ii) The representations and warranties of Seller in this Agreement shall be true and correct in all material respects on and as of the Closing Date; (iii) Buyer shall not have terminated this Agreement pursuant to an express right to terminate set forth in this Agreement; (iv) All of Seller's obligations pursuant to the terms of this Agreement shall have been performed; and 12 (v) Seller shall not have filed a voluntary petition in bankruptcy or had any involuntary petition filed against it which has not been answered or stayed within thirty (30) days of the petition being filed. (b) If any of the conditions set forth in Section 16(a) above have not been satisfied, waived or performed on or as of the Closing Date, Buyer shall have the right, if such failure of condition constitutes a material breach of representation or warranty by Seller, constitutes a failure by Seiler to perform any of the terms, covenants, conditions, agreements, requirements, restrictions or provisions of this Agreement (beyond any notice and cure period), or otherwise constitutes a default by Seller under this Agreement (beyond any notice and cure period), to exercise such rights and remedies as may be provided for in Section 18 below. (c) Seller's obligation to consummate the sale of the Property on the Closing Date shall be subject to the satisfaction or performance of the following terms and conditions, any one or more of which may be waived by Seller, in whole or in part, on, or as of the Closing Date: (i) Buyer shall have materially complied with all covenants and provisions required by this Agreement to be complied with by Buyer before, on, or as of the Closing Date; (ii) The representations and warranties of Buyer in this Agreement shall be true and correct in all material respects on and as of the Closing Date; (iii) Buyer shall not have terminated this Agreement pursuant to an express right to terminate set forth in this Agreement; and (iv) All of Buyer's obligations pursuant to the terms of this Agreement shall have been performed. (d) If any of the conditions set forth in Section 16(c) above have not been satisfied, waived or performed on or as of the Closing Date, then Seller shall have the right, at Seller's option, either: (i) to terminate this Agreement by giving written notice to Buyer on or before the Closing Date, in which event all rights and obligations of the parties under this Agreement shall expire, or (ii) if such failure of condition constitutes a material breach of representation or warranty by Buyer, constitutes a failure by Buyer to perform any of the terms, covenants, conditions, agreements, requirements, restrictions or provisions of this Agreement or otherwise constitutes a default by Buyer under this Agreement (beyond any notice and cure period), to exercise such rights and remedies as may be provided for in Section 18 below. 17. Possession at Closing. Seller shall surrender possession of the Property to Buyer on the Closing Date. 18. Remedies. 13 (a) If (i) Buyer shall fail or refuse to perform or comply with any of the terms, covenants or agreements required by this Agreement to be performed or complied with by Buyer, or (ii) the purchase and sale of the Property are otherwise not consummated in accordance with the terms and provisions of this Agreement due to a default by Buyer under this Agreement, and such failure, refusal or default is not cured or remedied within ten (10) days following written notice from Seller, the Earnest Money shall be delivered to Seller as full liquidated damages for such default, subject to Buyer's reimbursement obligations as expressly provided elsewhere in this Agreement. The parties acknowledge that Seller's actual damages in the event of a default by Buyer under this Agreement will be difficult to ascertain, that the Earnest Money represents the parties' best estimate of such damages and that the parties believe the Earnest Money is a reasonable estimate of such damages. The parties expressly acknowledge that the foregoing liquidated damages are intended not as a penalty, but as full liquidated damages in the event of Buyer's default and as compensation for Seller's taking the Property off the market during the term of this Agreement. Such delivery of the Earnest Money shall be the sole and exclusive remedy of Seller by reason of a default by Buyer under this Agreement. (b) If (i) Seller shall fail or refuse to perform or comply with any of the terms, covenants or agreements required by this Agreement to be performed or complied with by Seller, or if (ii) the purchase and sale of the Property are otherwise not consummated in accordance with the terms and provisions of this Agreement due to a default by Seller under this Agreement and such failure, refusal or default is not cured or remedied within ten (10) days following written notice from Buyer, then and in either of such events, and, subject to the provisions of Section 26, Buyer may, in addition to any other rights it may have at law or in equity, declare this Agreement terminated, in which event the Earnest Money shall be refunded to Buyer immediately upon request of Buyer, all rights and obligations of the parties under this Agreement shall expire (except as otherwise expressly provided herein). 19. Risk of Loss and Insurance. Between the Effective Date and the Closing Date, the risks and obligations of ownership and loss of the Property and the correlative rights against insurance carriers and third parties shall belong to Seller. In the event of the damage or destruction of any material portion of the Project prior to Closing, Buyer shall have the right, at Buyer's option, to terminate this Agreement by giving written notice thereof to Seller prior to Closing, in which event the Earnest Money shall be refunded to Buyer immediately upon request and all rights and obligations of the parties under this Agreement shall expire and this Agreement shall become null and void. For the purposes of this Section 19, the phrase "damage or destruction of any material portion of the Project" shall mean any damage or destruction to the Project that is estimated by Seller's insurance carriers to cost in excess of FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000.00) to repair. If Buyer does not so terminate this Agreement or if the estimated cost of repair is less than FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000.00), (a) the Purchase Price shall be reduced by the total of any insurance proceeds received by Seller prior to Closing by reason of such damage or r destruction, and (b) at Closing, Seller shall assign to Buyer all insurance proceeds payable thereafter by reason of such damage or destruction. 20. Condemnation. In the event of the taking of a material part of the Property by condemnation or eminent domain proceedings, or agreement in lieu thereof, or the commencement or bona fide threat of the commencement of any such proceedings prior to Closing, Buyer shall have the right, at Buyer's option, to terminate this Agreement by giving written notice thereof to Seller prior to Closing, in which event the Earnest Money shall be refunded to Buyer immediately upon request, all rights and obligations of the parties under this Agreement shall expire and this Agreement shall become null and void. For purposes of this subsection a "material part of the Property" shall be (i) all of the Property, or (ii) any portion of the Property with a value in excess of $500,000.00. If Buyer does not so terminate this Agreement, the Purchase Price shall be reduced by the total of any awards or other proceeds received by Seller prior to Closing with respect to any taking, and, at Closing, Seller shall assign to Buyer all rights of Seller in and to any awards or other proceeds payable thereafter by reason of any taking. 21. Negotiation of Documents. The parties agree that prior to Closing they will in good faith negotiate all Closing Documents with the understanding that the Closing Documents will contain such provisions, representations, warranties and indemnifications as are customarily contained in documents designed to effect similar transactions and as are consistent with the provisions of this Agreement. 22. [Intentionally deleted.] 23. Assignment. This Agreement may not be assigned by Buyer, in whole or in part, without the prior written consent of Seller, which consent shall not be unreasonably withheld, conditioned or delayed. 24. Parties. This Agreement shall be binding upon and enforceable against, and shall inure to the benefit of, Buyer and Seller and their respective legal representatives, successors and assigns. 25. Broker and Commission. All negotiations relative to this Agreement and the purchase and sale of the Property as contemplated by and provided for in this Agreement have been conducted by and between Seller and Buyer without the intervention of any person or other party as agent or broker, except as provided otherwise in this Section 25. Seller and Buyer warrant and represent to each other that there are and will be no broker's commissions or fees payable in connection with this Agreement or the purchase and sale of the Property by reason of their respective dealings, negotiations or communications except a commission payable to CBRE Richmond to be paid by Seller in accordance with the terms of a separate agreement. 26. Reimbursement Obligations. 15 (a) Seller hereby agrees, to the extent permitted by law, to be responsible for Seller's agents' and employees' acts or omissions within the scope of their duties which cause injury to persons or property, arising after the Closing Date. This Section 26(a) shall survive the consummation of the transactions contemplated in this Agreement for a period of twelve (12) months after Closing. Notwithstanding anything in this Agreement to the contrary, in no event shall Seller's aggregate liability for all liabilities arising under this Section 26(a) exceed $750,000. (b) Buyer hereby agrees, to the extent permitted by law, to be responsible for Buyer's agents' and employees' acts and omissions within the scope of their duties which cause injury to persons or property, arising after the Closing Date. This Section 26(b) shall survive the consummation of the transactions contemplated in this Agreement for a period of twelve (12) months after Closing. (c) Any party entitled to reimbursement under this Agreement (the "Reimbursed Party") shall give prompt written notice to the party against whom reimbursement is sought pursuant to this Agreement (the "Reimbursing Party") as to the assertion of any claim, or the commencement of any suit, action or proceeding in respect of which reimbursement may be sought under this Agreement. Except as otherwise provided in Section 26(a) and Section 26(b) hereof, the omission of the Reimbursed Party to notify the Reimbursing Party of any such claim shall not relieve the Reimbursing Party from any liability in respect of such claim that such Reimbursing Party may have to the Reimbursed Party on account of this Agreement, except, however, the Reimbursing Party shall be relieved of liability to the extent that the failure so to notify (i) shall have caused material prejudice to the defense of such claim, or (ii) shall have materially increased the costs or liability of the Reimbursing Party by reason of the inability or failure of the Reimbursing Party (because of the lack of prompt notice from the Reimbursed Party) to be involved in any investigations or negotiations regarding any such claim, nor shall the omission of the Reimbursed Party to notify the Reimbursing Party of any such claim relieve the Reimbursing Party from any other liability that the Reimbursing Party may have to the Reimbursed Party. In case any such claim shall be asserted or commenced against an Reimbursed Party and such Reimbursed Party shall notify the Reimbursing Party thereof, the Reimbursing Party shall be entitled to participate in the negotiation or administration thereof and, to the extent such Reimbursing Party may desire, to assume the defense thereof with counsel reasonably satisfactory to the Reimbursed Party, and, after notice from the Reimbursing Party to the Reimbursed Party of such Reimbursing Party's election so to assume the defense thereof, which notice shall be given within thirty (30) days of the Reimbursing Party's receipt of such notice from such Reimbursed Party, the Reimbursing Party will not be liable to the Reimbursed Party hereunder for any legal or other expenses subsequently incurred by the Reimbursed Party in connection with the defense thereof other than reasonable costs of investigation. In the event that the Reimbursing Party does not desire to assume the defense, conduct or settlement of any claim, the Reimbursed Party shall not settle such claim without the written consent of the Reimbursing Party, which consent shall not be unreasonably withheld or delayed. (d) Nothing in this Section 26 shall be construed to mean that the Buyer or Seller shall be responsible for any obligations, acts or omissions of others prior to Closing except for such obligations and liabilities expressly assumed pursuant to this Agreement. 27. Further Assurances; Survival. At Closing, and from time to time thereafter, Seller and Buyer shall do all such additional and further acts, and shall execute and deliver all such additional and further instruments and documents, as they or their counsel may reasonably require to effectuate the purchase and sale of the Property as contemplated by and provided for in this Agreement. The parties acknowledge that Seller may wish to treat the transaction contemplated by this Agreement pursuant to applicable bargain sale provisions under the Code and Buyer agrees to reasonably cooperate with Seller in connection therewith. All the provisions of this Agreement (including, without limitation, the representations, covenants and warranties of Seller as set forth in this Agreement), shall survive the consummation of the purchase and sale of the Property on the Closing Date, the delivery of the Deed and the payment of the Purchase Price for a period of twelve (12) months following the Closing Date. Notwithstanding anything to the contrary contained herein, the survival of any claim or cause of action for any intentional fraud shall be for the period of the applicable statute of limitations following the Closing Date. The reimbursement provisions of this Agreement shall survive both Closing and any termination of this Agreement for a period of twelve (12) months. 28. Modification. This Agreement supersedes all prior discussions and agreements between Seller and Buyer with respect to the purchase and sale of the Property and other matters contained herein, and this Agreement contains the sole and entire understanding between Seller and Buyer with respect thereto. This Agreement shall not be modified or amended except by an instrument in writing executed by or on behalf of Seller and Buyer. 29. Applicable Law. This Agreement shall be governed by, construed under and interpreted and enforced in accordance with the laws of the Commonwealth of Virginia without regard to principles of conflicts of law. For any and all matters of dispute between the parties to this Agreement, the parties shall bring any legal proceeding(s) only in the United States District Court for the Eastern District of Virginia, and each party hereby submits to the exclusive jurisdiction of those courts for purposes of any such proceeding. Each party hereby waives any claim that any legal proceeding has been brought in an inconvenient forum or that the venue of that proceeding is improper. The provisions of this Section 29 shall survive the Closing or earlier termination of this Agreement. 30. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all of such counterparts together shall constitute one and 17. the same instrument. Signatures provided by facsimile or electronic transmission shall have the same force and effect as original signatures and shall be binding upon the parties. 31. Time. Time is and shall be of the essence in this Agreement. 32. Captions. The captions and headings used in this Agreement are for convenience only and do not in any way restrict, modify or amplify the terms of this Agreement. 33. Exhibits. Each and every Exhibit referred to or otherwise mentioned in this Agreement is attached to this Agreement and is and shall be construed to be made a part of this Agreement by such reference or other mention at each point at which such reference or other mention occurs, in the same manner and with the same effect as if each Exhibit were set forth in full and at length every time it is referred to or otherwise mentioned. 34. Notices. All notices, requests, demands, tenders and other communications under this Agreement shall be in writing. Any such notice, request, demand, tender or other communication shall be deemed to have been duly given when actually delivered, or the next business day following delivery to a nationally recognized commercial courier for next business day delivery, to the address for each party set forth below, or when transmitted by facsimile to the facsimile number for each party set forth below. Rejection or other refusal to accept, or inability to deliver because of changed address of which no notice was given, shall be deemed to be receipt of such notice, request, demand, tender or other communication. Any party, by written notice to the others in the manner herein provided, may designate an address different from that stated below. To Buyer: COUNTY OF CHESTERFIELD, VIRGINIA Dr. Joseph P. Casey County Administrator County of Chesterfield, Virginia 9901 Lori Road Chesterfield, Virginia 23832 Telephone: (804) Facsimile: (804) E-mail: And with a copy to: Jeffrey L. Mincks, Esq. County Attorney 9901 Lori Road P.O. Box 40 Chesterfield Virginia 23832 Telephone: (804) 748-1491 Facsimile: (804) 706-2615 E-mail: mincksj@chesterfield.gov_ 18 y"IL To Seller: Sports Complex Holdings, LLC Attn: Don Archer c/o Shaw Industries Group, Inc. 616 East Walnut Avenue P.O. Drawer 2128 Dalton, GA 30721-2128 Telephone: (706) 532-3694 Facsimile: (706) 532-4712 E-mail: Dan. ArchergShawlnc.com And with a copy to: Samuel C. Haisley, Esq. McCandlish Holton, PC 1111 East Main Street, Suite 2100 Richmond, VA 23219 Telephone: (804) 775-3885 Facsimile: (804) 775-7285 E-mail: shaisley@lawmh.com 35. [Intentionally deleted.] 36. Effective Date; Holidays. For the purposes of this Agreement, "Effective Date" means the date of this Agreement set forth at the top of the first page of this Agreement. In the event any time period specified in this Agreement expires on a Saturday, Sunday or banking holiday, then the time period so expiring shall be extended to expire on the next business day. 37. Number and Gender. As used in this Agreement, the singular number shall include the plural and the plural shall include the singular, and the use of any gender shall be applicable to all genders, unless the context would clearly not admit such construction. All capitalized terms defined in this Agreement shall have the same meanings when used in the Exhibits attached hereto. 38. Entire Agreement. This Agreement, the Exhibits and Schedules annexed hereto (which are incorporated herein by reference), and any contemporaneously executed agreements, are the entire agreement between Seller and Buyer concerning the sale of the Property and all understandings and agreements heretofore had or made between the parties are merged in this Agreement which, together with aforementioned agreements and other items, alone fully and completely expresses the agreement of the parties hereto. 39. Press Releases. Seller and Buyer shall consult with each other before issuing any press release with respect to this Agreement and shall not issue any such press release without the consent of the other party, which shall not be unreasonably withheld, conditioned or delayed. 19 F The press release to be issued with respect to the closing of the transactions contemplated by this Agreement shall be in a form to be mutually agreed to by Seller and Buyer. This Section 39 shall survive the consummation of the transactions contemplated in this Agreement for a period of twelve (12) months after Closing. 40. Construction. The headings and captions of the various Sections of this Agreement have been inserted solely for purposes of convenience, are not part of this Agreement, and shall not be deemed in any manner to modify, explain, expand or restrict any of the provisions of this Agreement. Unless stated to the contrary, all references to Articles, Sections, paragraphs or clauses herein shall be to the specified Section, paragraph or clause of this Agreement, and all references to Exhibits and Schedules shall be to the specified Exhibits and Schedules attached hereto. All Exhibits and Schedules attached hereto are made a part hereof. All terms defined herein shall have the same meaning in the Exhibits and Schedules, except as otherwise provided therein. All references in this Agreement to "this Agreement" shall be deemed to include the Exhibits and Schedules attached hereto. The terms "hereby", "hereof', "hereto", "hereunder" and any similar terms as used in this Agreement, refer to this Agreement in its entirety and not only to the particular portion of this Agreement where the term is used. Whenever in this Agreement provision is made for the payment of attorneys' fees, such provision shall be deemed to mean reasonable attorneys' fees and paralegals' fees. The term "including" when used herein shall mean "including, without limitation". 41. Agreements Enforceable Against Named Parties Only. (a) The covenants and agreements of Buyer herein are accepted by Seller as the covenants and agreements of the entity named as Buyer at the top of the first page of this Agreement and of no other Person, and shall be enforceable by Seller against Buyer and its permitted successors and assigns only and not against any other Person as either disclosed or undisclosed principals. (b) The covenants and agreements of Seller herein are accepted by Buyer as the covenants and agreements of the entity named as Seller at the top of the first page of this Agreement and of no other Person, and shall be enforceable by Buyer and its permitted successors and assigns against Seller only and not against any other Person as either disclosed or undisclosed principals. 42. Ambiguities. Each party acknowledges that it and its counsel have reviewed this Agreement, and the parties hereby agree that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement. 43. Third Party Beneficiaries. Except as expressly set forth herein, no Person other than the parties hereto and their permitted successors and assigns, shall have any rights or claims under this Agreement. 20 44. No Recording. Each party hereto covenants and agrees that it has no right and in no event will either party record or cause to be recorded this Agreement or any memorandum hereof or affidavit, assignment or other document relating to this Agreement 45. No Waiver. Except as may otherwise be expressly provided herein, the failure of either party hereto to seek redress for any breach, or to insist upon the strict performance, of any covenant or condition of this Agreement by the other shall not be, or be deemed to be, a waiver of the breach or failure to perform (unless the time specified herein for the exercise of such right, or satisfaction of such condition, has expired), nor prevent a subsequent act or omission in violation of, or not strictly complying with, the terms hereof from constituting a default hereunder. 46. Severability. If any term, condition or provision of this Agreement or the application thereof to any circumstance or party hereto, is invalid or unenforceable as against any person or, as to certain circumstances, then the remainder of this Agreement and the applicability of such term, condition or provision to other persons or circumstances shall not be affected thereby. Each term, condition or provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 47. Illegality. If any term or provision of this Agreement or the application thereof to any Person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement or the application of such term or provision to Persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law. 48. Binding Agreement. Subject to the provisions of this Agreement, including Sections 23 and 24, the terms, covenants, agreements, conditions, representations and warranties contained in this Agreement shall inure to the benefit of and be binding upon the respective parties hereto. This Agreement shall not inure to the benefit of or be enforceable by any other Person. 49. All obligations and payments of Buyer herein shall be subject to approval of the Chesterfield County Board of Supervisors and appropriation of necessary funds for such purposes. If such approval is not received or funds are not appropriated, on or before November 18, 2016, Seller shall have the option, by delivery of written notice to Buyer at any time thereafter, and upon return of the Earnest Money in full to Buyer, to declare this Agreement terminated and all future obligations of the parties shall cease. 117►i�1�17�:Z�7�'7�L��llr•fl��r•��[�),/_\IIII•/I1�I�r31/_\r•Il 21 IN WITNESS WHEREOF, the parties have executed this Agreement through their authorized representatives as of the Effective Date. 1-casey, County Administrator of Chesterfield County, Virginia L* ate:— By: Michael S.J. Chernau Senior Assistant County Attorney SELLER: SPORTS COMPLEX HOLDINGS, LLC a Georgia limited liabty company • 19 I= KPA C IN WITNESS WHEREOF, the parties have executed this Agreement through their authorized representatives as of the Effective Date. Approved as to Form: 0 Michael S.J. Chernau Senior Assistant County Attorney COUNTY OF CHESTERFIELD, VIRGINIA 1-2 Joseph Casey, Ph.D. County Administrator of Chesterfield County, Virginia Date: SELLER: SPORTS COMPLEX HOLDINGS, LLC a Georgia limited liability company By: Name: FREDERtCK L. HUUFtK, il Title: ASSISTAN 1 SECRETARY Date:— to In' /I, 22 SCHEDULEI DEFINITIONS For all purposes of this Agreement, the following terms shall have the respective meanings specified below: "Agreement" means this Agreement, the Exhibits and Schedules and all amendments, modifications and extensions hereto and thereto "Assumed Obligations" shall have the meaning set forth in Section 15(e). "Buyer" shall have the meaning set forth in the preamble. "Claim" shall have the meaning set forth in Section 26(a). "Closing" shall have the meaning set forth in Section 5. "Closing Adjustments" shall have the meaning set forth in Section 10. "Closing Costs" shall have the meaning set forth in Section 12. "Closing Date" shall have the meaning set forth in Section 5. "Closing Documents" shall have the meaning set forth in Section 5. "Closing Statement" shall have the meaning set forth in Section I I (a)(viii). "Code" shall mean the Internal Revenue Code of 1986, as amended and the regulations promulgated thereunder. "Deed" shall have the meaning set forth in Section l l (a)(i). "Due Diligence Information" shall have the meaning set forth in Section 6(b). "Earnest Money" shall have the meaning set forth in Section 4. "Effective Date" shall have the meaning set forth in Section 36. "Environmental Assessment" shall have the meaning set forth in Section 9. "Environmental Reports" shall have the meaning set forth in Section 6(b)(v). "Escrow Agent" means Safe Harbor Title Insurance Company. "FIRPTA Certificate" shall have the meaning set forth in Section I I (a)(iv). "Hazardous Substances" shall mean all materials and substances now or hereafter subject to any environmental laws, and the rules and regulations promulgated thereunder, including without 23 limitation (i) all substances which are designated pursuant to Section 311(b)(2)A) of the Federal Water Pollution Control Act ("FWPCA"), 33 U.S.C. §1251, et seq., (ii) any element, compound, mixture, solution or substance which is designated pursuant to Section 102 of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §9601, et seq., (iii) any hazardous waste having the characteristics which are identified under or listed pursuant to Section 3001 of the Resource Conservation and Recovery Act, 42 U.S.C. §6901, et seq., (iv) any toxic pollutant listed under Section 307(a) of FWPCA, (v) any hazardous air pollutant which is listed under Section 112 of the Clean Air Act, 42 U.S.C. §7401 et seq., (vi) any imminently hazardous chemical substance or mixture with respect to which action has been taken pursuant to 7 of the Toxic Substances Control Act, 15 U.S.C. §2601, et seq., (vii) "hazardous materials" within the meaning of the Hazardous Materials Transportation Act, 49 U.S.C. §5101, et seq., (viii) any element or compound contained in the list of hazardous substances adopted by the United States Environmental Protection Agency or by the Virginia Department of Environmental Quality, (ix) petroleum or petroleum by-products, (x) asbestos containing materials, (xi) any radioactive material or substance, (xii) all toxic wastes, hazardous wastes and hazardous substances as defined by, used in, controlled by, or subject to all implementing regulations adopted and publications promulgated pursuant to the foregoing statutes, and (xiii) any other hazardous or toxic substance or pollutant identified in or regulated under any other applicable federal, state or local environmental laws. "Improvements" shall have the meaning set forth in Section 2(b). "Reimbursed Party" shall have the meaning set forth in Section 26(c). "Reimbursing Party" shall have the meaning set forth in Section 26(c). "Inspection Period" shall have the meaning set forth in Section 6. "Knowledge of Seller", "To the Best Knowledge of Seller" shall mean the actual, present knowledge of Chuck Dobbins. "Land" shall have the meaning set forth in Section 2(a). "Permitted Exceptions" shall have the meaning set forth in Section 7. "Person" shall mean an individual, corporation, partnership, limited liability company, limited liability partnership, joint venture, association, joint stock company, trust, unincorporated organization or the federal government or any state or local government or any agency or political subdivision thereof. "Personal Property" shall have the meaning set forth in Section 2(c). "Project" shall have the meaning set forth in Section 2(f). "Property" shall have the meaning set forth in Section 2(f). 24 �- "Purchase Price" shall have the meaning set forth in Section 3(a). "Rejected Agreements" shall have the meaning set forth in Section 14(h). "Seller" shall have the meaning set forth in the preamble. "Survey" shall have the meaning set forth in Section 8. Exhibit A Property Description All that certain piece or parcel of land with the improvements thereon and appurtenances thereto belonging, lying, being and situate in the Cover Hill District, Chesterfield County, Virginia containing 115.200 Acres, more or less and being more fully described as follows: BEGINNING AT A VDOT MONUMENT FOUND, SAID MONUMENT BEING ON THE NORTHEAST CORNER OF GENITO ROAD AND STATE ROUTE 288 AND BEING THE TRUE AND ACTUAL POINT OF BEGINNING: ' THENCE, N 02006'43" W, 722.97 FEET TO A VDOT MONUMENT FOUND; THENCE, N 05-16'30" E, 400.27 FEET TO A VDOT MONUMENT FOUND; THENCE, N 05008'18" W, 328.01 FEET TO A VDOT MONUMENT FOUND; THE -NICE, N 16-2552" W, 200.73 FEET TO A VDOT MONUMENT FOUND; THENCE, N 02-41'33" W, 650.40 FEET TO A VDOT MONUMENT FOUND; THENCE, N 18013'47" E, 432.56 FEET TO A VDOT MONUMENT FOUND; THENCE, N 31044'17" E, 981.51 FEET TO A VDOT MONUMENT FOUND; THENCE, N 51046'37" E, 564.82 FEET TO VDOT MONUMENT FOUND; THENCE, N 85-43'56" E, 329.19 FEET TO A VDOT MONUMENT FOUND; THENCE, N 86007'46" E, 2.00.11 FEET TO A VDOT MONUMENT FOUND; THENCE, N 80031'49" E, 144.29 FEET TO AYDOT MONUMENT FOUND; THENCE, N 81003'40" E, 106.91 FEET TO AN IRON ROD FOUND, THENCE, 8 08028'17" E, 588.60 FEET TO AN IRON ROD SET; THENCE, N 83-13'33'- E, 58,58 FEET TO AN IRON ROD SET; THENCE, 8 26°44'51" W, 785.27 FEET TO AN IRON ROD FOUND; THENCE, S 08-24'35" E, 51.48 FEET TO AN IRON ROD FOUND; THENCE, S 81-3 0'07" W, 455.30 FEET TO AN IRON ROD FOUND; THENCE, ALONG A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 520.00 FEET, A CENTRAL ANGLE OF 20046'15", A TANGENT LENGTH OF 95,30 FEET, Exhibit A Property Description (continued) THE LONG CHORD OF WHICH BEARS S 14002'06" E FOR A DISTANCE OF 187,48 FEET WITH A RADIAL LINE IN OF N $6°2I T I" E AND A RADIAL LINE OUT OF 8 65-3446" W FOR AN ARC LENGTH OF 188.51 FEET TO AN IRON ROD FOUND; THFNCE, S 24-25'14" 1,, 138.54 FEET TO AN IRON ROD FOUND; TIIENTCE, ALONG A TANGENT CURVE TO THE LIFT WITH A RADIUS OF 30.00 FEET, A TANGENT LENGTH OF 22.64 FEET, A CENTRAL ANGLE OF 74-05'00", THE RADIUS OF WHICH BEARS N 65034'4&'r -,,THE CHORD OF WHICH BEARS S 61 "27'44" E FOR A DISTANCE OF 36.14 FEET; THENCE -ALONG THE ARC OF SAID CURVE FOR A DISTANCE OF 38.79 Fp'.ii'r TO A IRON ROD SET; THENCE, N 81°29'46" E, 92.68 FEET TO AN IRON ROD SET; THENCE, S 26"44'51" W, 48.55 FEET TO A AN IRON ROD SEI`; THENCE, S 01008'25" W, 396.14 FEET TO AN IRON ROD FOUND; THENCE, S 04014'58" W, 223.87 FEET TO'A. IRON PIPE FOUND; THENCE, 8 08°14'31" W, 803.59 FEL�TTO AN IRON ROD SET; THENCE, N 81-45'29-'W, 55.00 Fuvro AN IRON ROD SET; THENCE, 8 08014'31'' W, 90 FEET TO AN IRON ROD SE.T;- THENCE,S81-45'29" R, 55.00 FEET TO AN IRON ROD SET; THENCE, S 08014'31" W, 704.12 FEET TO AN IRON ROT) SET; TIIENCE, S 86046'10" W, 961.18 :FEEL TO A VDOT MONUMENT FOUND; THENCE, N 68-28'37" W, 112.38 FEET TO THE TRUE AND ACTUAL POINT OF BEGINNING AND CONTAINING 115.200 ACRES OF LAND OR 5,018,124 SQUARE FEET. Being the same property conveyed to Sportsquest, LLC, a Virginia limited liability company by Deed from J. Mark Sowers and Oakbridge Corporation, a Virginia corporation, dated June 16, 2010 and recorded on July 14, 2010 in Book 9130 at Page 0454 among the land records of Chesterfield County, Virginia, Exhibit B Description of Personal Property 000000003315 GATOR TRACTOR 000000003322 STAINLESS COMMSBS FRIDGE 000000003323 STAINLESS COMM SBS K=R IDG P 000000003324 STAINLESS COMM REACH!.—%' FREEZER 000000003325 COMMERCIAL ICS MAKER 000000003326 WORKTABLES CONCESSIONAREA 000000003327 RANGE &HOOD CONCESSION AREA 000000003328 DEEP ;:RY;-:R CONCESSION AREA 000000008829 STAINLESS HAND SINK -CONCESSION 000000003330 STAINLESS HAND SINK -CONCESSION 000000003331 WIRE C01MVISHELVING CONCESSIONS 000000003332 FOOD PREP SINK CONCESSION AREA 000000003136 SECURITY CAMERA AV512.50NVI 000000003337 SECURITY CAMERA AV5125DNV1 000000003338 SECURITY CAMERA AV512,5DNVI 000000003339 SECURITY CAMERA AV5125DNV1 000000008840 SECURITY CAMER A AV51250NVI 000000003341 SECURITY CAMERA AV5125DNV1 000000003342 SECURITY CAMERA AV5125DNV1 000000003343 SECURITY CAMERA AV5125DNVI 000000003344 S ; C U R ITY C AMER A AV5125D N V I 000000003345 SECURITY CAMERA AV5125DNV1 000000003346 SECURITY CAMERA AV5125DNV1 000000003347 SECURITY CAMERA AV5125DNV1 000000003348 SECURITY CAMERA AV5125DNV1 000000003349 SECURITY CAMERA AV5125DNV1 000000003371 SCOREBOARD 000000003372 PICNIC TABLES 000000003374 5 E C UR ITY 5 YST=-,,Vi 000000003376 LACROSSE GOALS 000000003536 AL[ M11NUM BENCHES Exhibit C List of Facility Agreements 1. Advertising Agreement by and between Seller and Uptown Alley, dated June 23, 2016. 2. Facility Rental Agreement by and between Seller and US Lacrosse, Inc., dated April 1, 2016. 3. Facility Rental Agreement by and between Seller and Richmond Strikers, dated July 5, 2016. 4. Facility Rental Agreement by and between Seller and Richmond Strikers, dated July 11, 2016. 5. Facility Rental Agreement (February 2018) by and between Seller and Club Champions League, dated June 2, 2016. 6. Facility Rental Agreement (February 2017) by and between Seller and Club Champions League, dated June 2, 2016. 7. Facility Rental Agreement (December 2017) by and between Seller and Club Champions League, dated June 2, 2016. 8. Facility Rental Agreement by and between Seller and Legacy Global Sports, dated February 5, 2016. 9. Agreement by and between Richmond Region Tourism and Seller, dated March 31, 2016. 10. Agreement by and between Richmond Region Tourism and Seller, dated July 15, 2015. 11. Agreement by and between Richmond Region Tourism and Seller, dated February 19, 2016. 12. Advertising Agreement by and between Seller and Chuy's Opco, Inc., dated August 4, 2016. 13. Facility Rental Agreement by and between Seller and 3STEP Sports, LLC, dated June 28, 2016. Exhibit D List of Rejected Agreements 1. Agreement for Property Management Services by and between Seller and CB Richard Ellis of Virginia, Inc., dated May 22, 2012. 2. Professional Services Agreement by and between Rink Management Services Corporation and CB Richard Ellis of Virginia, Inc., dated March 1, 2014. Exhibit E Form of Escrow Agreement :� SafeHarbar Tutu : (tea; mr ,)anv ESCROW AGREEMENT THIS ESCROW AGREEMENT (this "Escrow Agreement), dated effective as of March 28, 2016, is made and entered into, by and among by and between COUNTY OF CHESTERFIELD, VIRGINIA, ('Buyer"), and SPORTS COMPLEX HOLDINGS, LLC, a Georgia limited liability company ("Seller") and SAFE HARBOR TITLE (the "Escrow Agent"). Whereas, the parties to this Escrow Agreement desire to have Escrow Agent hold Buyer's Earnest Money deposit delivered to Escrow Agent (the "Escrow Funds") pursuant to Section 4 of that certain Purchase and Sale Agreement by and between Buyer, Seller, dated as of October _, 2016 (the "Purchase Agreement"). Capitalized terms used in this Escrow Agreement and not otherwise defined herein shall have the meanings given such terms in the Purchase Agreement. 1. GENERAL PROVISIONS. It is understood and agreed by the parties to this Escrow Agreement as follows: a) The Escrow Funds shall be paid and delivered in accordance with the written instructions jointly executed by the parties to this Escrow Agreement. b) The Escrow Agent is not a trustee for any party for any purpose, and is merely acting as a depository and in a ministerial capacity hereunder with the limited duties herein prescribed. c) The Escrow Agent has no responsibility in respect of any instructions, certificate or notice delivered to it, other than to carry out the obligations undertaken in this Escrow Agreement and to follow the directions in such instructions or notice provided in accordance with the terms hereof. d) The Escrow Agent shall not be liable for any action taken or omitted by it in good faith and may rely upon, and act in accordance with, the advice of its counsel without liability on its part for any action taken or omitted in accordance with such advice. e) The Escrow Agent may conclusively rely upon and act in accordance with any certificate, instructions, notice, letter, telegram, or other written instrument believed to be genuine and to have been signed or communicated by the proper party or parties. f) The Escrow Agent shall not be required to defend any legal proceeding which may be instituted against it in respect of the subject matter of this Escrow Agreement unless requested to do so by the parties to this Escrow Agreement and after being indemnified to the Escrow Agent's satisfaction against the cost and expense of such defense. If any such legal proceeding is instituted against it, the Escrow Agent agrees promptly to give notice of such proceeding to the parties to this Escrow Agreement. The Escrow Agent shall not be required to institute legal proceedings of any kind. g) The Escrow Agent may resign by giving written notice of its resignation to the parties to this Escrow Agreement. Upon resignation, the Escrow Agent's sole responsibility shall be to deliver the Escrow Funds to the successor escrow agent who shall be promptly appointed in writing by the parties to this Escrow Agreement and which successor will issue to Safe Harbor Title Company its receipt for the Escrow Funds so delivered. The Escrow Agent shall have the right to petition any court of competent jurisdiction for the appointment of a successor escrow agent. INDEMNIFICATION. The parties to this Escrow Agreement agree not to hold Escrow Agent responsible for any loss, damage, cost, charge, liability, cost of litigation, or other expense, including attorney's fees and court costs, the parties may incur arising out of a dispute between the parties concerning (i) amounts of money to be paid, (ii) funds available for such payments, (iii) persons to whom payments should be made or (iv) any delay in the electronic wire transfer of funds under this agreement. 2. LIABILITY. The parties to this Escrow Agreement shall be jointly and severally liable to Escrow Agent for payment of its reasonable expenses in carrying out the duties set forth herein. In no event shall the Escrow Agent be required or expend its own funds for any out of pocket costs, but may give notice of such cost, without being required to do so, to the parties to this Escrow Agreement and decline to proceed unless and until such costs have been paid or advanced. NOTICES. Each notice, instruction or other certificate required or permitted by the terms hereof shall be in writing and shall be communicated by personal delivery, facsimile, registered or certified mail, return receipt requested, or overnight delivery to the parties hereto at the addresses shown below, or at such other address as any of them may designate by notice to each of the others: To Buyer: COUNTY OF CHESTERFIELD, VIRGINIA Joseph P. Casey, Ph.D. County Administrator County of Chesterfield 9901 Lori Road P.O. Box 40 Chesterfield Virginia 23832 Telephone: (804) Facsimile: (804) E-mail: And with a copy to: Jeffrey L. Mincks County Attorney 9901 Lori Road P.O.Box 40 Chesterfield VA 23832 Telephone: (804) Facsimile: (804) E-mail: To Seller: Sports Complex Holdings, LLC Attn: Don Archer c/o Shaw Industries Group, Inc. 616 East Walnut Avenue P.O. Drawer 2128 Dalton, GA 30721-2128 Telephone: (706) 532-3694 Facsimile: (706) 532-4712 E-mail: Don.Arcller >Shawlnc�xorn And with a copy to: Samuel C. Haisley, Esq. McCandlish Holton, PC 1111 East Main Street, Suite 2100 Richmond, VA 23219 Telephone: (804) 775-3885 Facsimile: (804) 775-7285 E-mail: shaisley@lawmh.com To Escrow Agent: Melissa M. Canavos Safe Harbor Title Company 4900 Augusta Ave., Ste., 150 Richmond, VA 23230 Telephone: (804) 282-2329 Facsimile: (757) 369-0767 E-mail: iTicariavos ii)safelarbortc.con.7. [Signatures appear on the following page.] .�r WITNESS, the following signatures. BUYER: COUNTY OF CHESTERFIELD, VIRGINIA Joseph Casey, Ph. D. County Administrator of Chesterfield County, Virginia Date: SELLER: SPORTS COMPLEX HOLDINGS, LLC a Georgia limited liability company By: Name: Title: Date: ESCROW AGENT: SAFE HARBOR TITLE By: Name: Title: Exhibit F Form of Deed [See attached.] Exhibit F - 1 This instrument was prepared by: GIS Code: PUR PIN: 734 690 099600000 Easement No: 2016-0507 Consideration: $5,500,000 Assessed Value: $5,529,900 THIS DEED made and entered as of the day of December 2016, by and between SPORTS COMPLEX HOLDINGS, LLC, a Georgia limited liability company, as Grantor, and, COUNTY OF CHESTERFIELD, VIRGINIA, a political subdivision of the Commonwealth of Virginia, as Grantee. WITNESSETH: That for and in consideration of the covenants contained herein, the sum of ten dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Grantor, Grantor does hereby grant and convey with Special Warranty, unto Grantee, the Property, in fee simple, more particularly described as follows: See Attached Schedule A. This conveyance is made subject to those restrictions, conditions, and easements of record to the extent that they may lawfully apply to the Property hereby conveyed. This conveyance to the County of Chesterfield, Virginia is made in compliance with Section 15.2-1803 of the Code of Virginia, 1950, as amended, and is approved by the Assistant County Attorney as to form, and accepted on behalf of the Board of Supervisors by the County Administrator, authorized to so act, as evidenced by him affixing his signature to this deed. [Signatures appear on the following page.] Exhibit F - 1 WITNESS the following signature and seal: Grantor: SPORTS COMPLEX HOLDINGS, LLC a Georgia limited liability company By:_ Name: Title: STATE OF GEORGIA CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of December 2016, by , as of Sports Complex Holdings, LLC, a Georgia limited liability company, on behalf of such company. [Affix Seal] Accepted on behalf of the County: Deputy County Administrator Approved as to form: Senior Assistant County Attorney Notary Public Notary Registration No.: My commission expires: Exhibit F - 2 EXEMPT FROM TAXATION PER VIRGINIA CODE SECTION 58.1-811 A (3) SCHEDULE A Legal Description of the Property All that certain piece or parcel of land with the improvements thereon and appurtenances thereto belonging, lying, being and situate in the Cover Hill District, Chesterfield County, Virginia containing 115.200 Acres, more or less and being more fully described as follows: BEGINNING AT A VDOT MONUMENT FOUND, SAID MONUMENT BEING ON THE NORTHEAST CORNER OF GENITO ROAD AND STATE ROUTE 288 AND BEING THE TRUE AND ACTUAL POINT Or BEGINNING: ' TH8NCE, N 02-06'43" W, 722.97 FEET TO A VDOT MONUMENT FOUND; THENCE, N 05016'30" E, 400.27 FEET TO A VDOT MONUMENT FOUND; THENCE, N 05008'18" W, 328.01 FEET TO A VDOT MONUMENT FOUND; THENCE, N 16-25'52" W, 200.73 FEET TO A VDOT MONUMENT FOUND; THENCE, N 02.41'33" W, 650.40 FEET TO A VDOT MONUMENT FOUND; THENCE, N 18013'47" E, 432.56 FEET TO A VDOT MONUMENT FOUND; THENCE, N 31044'17" E, 981.51 FEET TO A VDOT MONUMENT FOUND; THENCE, N 51-4637" E, 564.82 FEET TO VDOT MONUMENT FOUND; THENCE, N 85-4356" E, 329.19 FEET TO A VDOT MONUMENT FOUND; THENCE, N 86'007'46" E, 200.11 FEET TO A VDOT MONUMENT FOUND; THENCE, N 80037'49" E, 144.29 FEET TO AYDOT MONUMENT FOUND; THENCE., N 81-03'40" E, 106.91 FEET TO AN IRON ROD FOUND; THENCE, S 08-28'17" E, 588.60 FEET TO AN IRON ROD SET; THENCE,, N 83-13'33" E, 58,58 FEET TO AN IRON ROD SET; THENCE, S 26°44'51" W, 785.27 FEET TO AN IRON ROD FOUND; THENCE, S 08-24'35" E, 51.48 FEET TO AN IRON ROD FOUND; THENCE, S 81-30'07" W, 455.30 FEET TO AN IRON ROD FOUND; THENCE, ALONG A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 520.00 FEET, A CENTRAL ANGLE OF 20-46'15", A TANGENT LENGTH OF 95.30 FEET, Exhibit F - 3 Schedule A Legal Description of the Property (continued) THE LONG CHORD OF WHICH BEARS S 14"02'06" E FOR A DISTANCE OF 187.48 FEET WITH A RADIAL LINE IN OF N 86021'01" E AND A RADIA, LINE OUT OF S 65034'46" W FOR AN ARC LFNGTH OF 188.51 FEET TO AN IRON ROD FOUND; THENCE, S 24025'l 4" E, 138.54 FEET TO AN IRON ROD FOUND; THENCE, ALONG A TANGENT CURVE, TO THE LEFT WITH A RADIUS OF 30.00 FEET, A TANGENT LENGTH OF 22.64 FEET, A CENTRAL ANGLE OF 74605'00", THE RADIUS OF WHICH BEARS N 65034'46" E, THE CHORD OF WHICH BEARS S 61627'44" E FOR A DISTANCE OF 36.14 FEET; THENCE - ALONG THE ARC OF SAID CURVE I" OR A DISTANCE OF 38.79 FFET TO A IRON ROD SET; THENCE-, N -81029'46" E, 92.68 FEET TO AN IRON ROD SET; THENCE, S 26644'51" W, 48.55 FEET TO A AN IRON ROD SE: t; THENCE, S 01608'25" W, 396.14 FELT TO AN IRON ROD FOUND; THENCE,, S 04014'58" W, 223.87 FEET TO- A IRON PIPE FOUND; THENCE, S 08°14'31" W, 803.59 FRET TO AN IRON ROD SET; THENCE-, N 8104529" W, 55.00 FEET TO AN IRON ROD SET; THENCE, S 08614'31" W, 90 FEETTO AN IRON ROD SKf,-- THENCE, S81645'29" E, 55.00 FEET TO AN IRON ROD SET; THENCE, S 08°14'31" W, 704.12 FEET TO AN IRON ROD SET; I TI -M -NCE, S 86-46'10" W, 961.18 FEET TO A VDOTMONUMENT FOUND; THENCE-, N 68628'37" W, 112.38 FEET TO THE TRUE AND ACI -UAL POINT OF BEGINNING AND CONTAINING 115.200 ACRES OF LAND OR 5,018,124 SQUARE FEET. Being the same property conveyed to Sportsquest, LLC, a Virginia limited liability company by Deed from J. Mark Sowers and Oakbridge Corporation, a Virginia corporation, dated June 16, 2010 and recorded on July 14, 2010 in Book 9130 at Page 0454 among the land records of Chesterfield County, Virginia. Exhibit F - 4 EXHIBIT G FORM OF BILL OF SALE AND ASSIGNMENT OF PERMITS By a Special Warranty Deed (the "Deed") of even date with the date hereof ("Effective Date"), SPORTS COMPLEX HOLDINGS, LLC, a Georgia limited liability company ("Seller"), conveyed to COUNTY OF CHESTERFIELD, VIRGINIA, ("Buyer"), the real property described on Exhibit A attached hereto and made a part hereof for all purposes, together with all improvements located thereon (the "Real "). As consideration for (a) the conveyance of the Realty, (b) the conveyance of the personal property described herein, and (c) the assignments contained herein, Buyer has paid the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration to Seller. NOW, THEREFORE, for the consideration above specified, the receipt and sufficiency of which are expressly acknowledged: Seller has GRANTED, CONVEYED, SOLD, TRANSFERRED, SET OVER and DELIVERED, and by these presents does hereby GRANT, CONVEY, SELL, TRANSFER, SET OVER and DELIVER unto Buyer, all right, title and interest of Seller in and to the goods, equipment, machinery, apparatus, fittings, furniture, furnishings, supplies, spare parts, appliances, tools, and other personal property used in connection with the operation, management or maintenance of the Realty, as listed on Exhibit B attached hereto and incorporated herein by this reference (collectively, the "Personal Property"). 2. Seller has ASSIGNED, TRANSFERRED and SET OVER, and by these presents does ASSIGN, TRANSFER and SET OVER unto Buyer, to the extent it lawfully may do so, any and all of Seller's right, title and interest in, to and under certificates, licenses, permits, authorizations, consents and approvals, but only to the extent the foregoing are related to the use, occupancy, possession and/or operation of the Realty and only to the extent the same are assignable (collectively, the "Permits"). This Bill of Sale and Assignment of Permits is binding upon and shall inure to the benefit of the parties hereto, and their respective successors and assigns. TO HAVE AND TO HOLD the Personal Property and the Permits (collectively, the "Property") unto Buyer, its successors and assigns forever, and Seller does hereby bind itself, its successors and assigns, to forever WARRANT AND DEFEND the title to the Property unto Buyer, its successors and assigns, against any person whomsoever lawfully claiming, or to claim the same or any part thereof, by, through or under Seller. The Personal Property is conveyed in its "as is" condition without any warranty of merchantability or fitness for a particular purpose. Exhibit G - 1 This Bill of Sale and Assignment of Permits may be executed in one or more counterparts, and all so executed shall be binding upon both parties hereto, notwithstanding that both parties are not signatory to the original or same counterpart. [Signatures appear on the following page.] Exhibit G - 2 IN WITNESS WHEREOF, the parties hereto have caused this Bill of Sale and Assignment of Permits to be duly executed as of the day and year first above written. SELLER: SPORTS COMPLEX HOLDINGS, LLC a Georgia limited liability company BUYER: Approved as to Form: ME Michael S.J. Chernau Senior Assistant County Attorney By:_ Name: Title: Date: COUNTY OF CHESTERFIELD, VIRGINIA go Joseph Casey, Ph.D. County Administrator of Chesterfield County, Virginia Date: Exhibit G - 3 Exhibit A Realty All that certain piece or parcel of land with the improvements thereon and appurtenances thereto belonging, lying, being and situate in the Cover Hill District, Chesterfield County, Virginia containing 115.200 Acres, more or less and being more fully described as follows: BEGINNING AT A VDOT MONUMENT FOUND, SAID MONUMENT BEING ON THE NORTHEAST CORNER OF GENITO ROAD AND STATE ROUTE 288 AND BEING THE TRUE AND ACTUAL POINT OF BEGINNING: THENCE, N 02°06'43" W, 722.97 FEET TO A VDOT MONUMENT FOUND; THENCE, N 05016'30" E, 400.27 FEET TO A VDOT MONUMENT FOUND; THENCE, N 05008'18" W, 328.01 FEET TO A VDOT MONUMENT FOUND; THENCE, N 16°25'52" W, 200.73 FEET TO A VDOT MONUMENT FOUND; THENCE, N 02°41'33" W, 650.40 FEET TO A VDOT MONUMENT FOUND; THENCE, N 18013'47" E, 432.56 FEET TO A VDOT MONUMENT FOUND; THENCE, N 31044'17" E, 981.51 FEET TO A VDOT MONUMENT FOUND; THENCE, N 51046'37" E, 564.82 FEET TO VDOT MONUMENT FOUND; THENCE, N 85°43'56" E, 329.19 FEET TO A VDOT MONUMENT FOUND; THENCE, N 86007'46" E, 200.11 FEET TO A VDOT MONUMENT FOUND; THENCE, N 80031'49" E, 144.29 FEET TO A VDOT MONUMENT FOUND; THENCE, N 81-03'40" E, 106.91 FEET TO AN IRON ROD FOUND; THENCE, S 08°28'17" E, 588.60 FEET TO AN IRON ROD SET; THENCE, N 83°13'33" E, 58,58 FEET TO AN IRON ROD SET; THENCE, S 26°44'51" W, 785.27 FEET TO AN IRON ROD FOUND; THENCE, S 08°24'35" E, 51.48 FEET TO AN IRON ROD FOUND; THENCE, S 81-30'07" W, 455.30 FEET TO AN IRON ROD FOUND; THENCE, ALONG A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 520.00 FEET, A CENTRAL ANGLE OF 20-46'15", A TANGENT LENGTH OF 95.30 FEET, Exhibit G - 4 Exhibit A Realty (continued) THE LONG CHORD OF WHICH BEARS S 14-02'06" E FOR A DISTANCE OF 187.48 FEET WMI A RADIAL LINE IN OF N $6-21'01" E AND A RADIAL LM OUT OF 6503446" W FOR AN ARC LENGTH OF 188.51 FEET TO AN IRON ROD FOUND; THENCE, S 24-25'14" 9, 138.54 FEET TO AN IRON ROD FOUND; THENCE, ALONG A TANGENT CURVE TO THE LEFTWITH A RADIUS OF 30.00 FEET, A TANGENT LENGTH OF 22.64 FEET, A CENTRAL ANGLE OF 74-05'00", THE RADIUS OF WHICII BEARS N 65034'46" E, THE CHORD OF WHICH BEARS S 61-27-44" E FOR A DISTANCE OF 36.14 FEET; niEN.CE-ALONG THE ARC OF SAID CURVE FOR A DISTAN( M OF 38.79 FEET TO A IRON ROD SET; THENCE, N 81-29'46" E, 92.68 FEET TO AN IRON ROD SET; THENCE, S 26°44'51" W, 48.55 FEET TO A AN IRON ROD SET; THENCE, S 01008'25" W, 396.14 FEET TO AN IRON ROD FOUND; THENCE, S 04-14'58" W, 223.87 FEET TO` A IRON PIPE FOUND; THENCE, S 08°14'31" W, 803.59 FRLTr TO AN IRON ROD SET, mENcE, N 81045'29" W, 55.00 FEET `2'O AN IRON ROD SET; THENCE, 8 08014'3 14'31" W, 90 Ff,,ETTO AN IRON ROD SF,r;, THENCE, S81-45'29" 1,, 55.00 FEET TO AN, IRON ROD SET; THENCE, S 0814'31" W, 704.12 FEET TO AN IRON ROD SET; THENCE, S 86046'10" W, 961.18 FEET TO A VDOT MONUMENT FOUND; THE-NCF, N 68-28'37" W, 112.38 FEET TO THE TRUE AND ACTUAL POINT OF BEGINNING AND CONTAINING 115.200 ACRES OF LAND OR 5,018,124 SQUARE FEET. Being the same property conveyed to Sportsquest, LLC, a Virginia limited liability company by Deed from J. Mark Sowers and Oakbridgo Corporation, a Virginia corporation, dated June 16, 2010 and recorded on July 14, 2010 in Book 9130 at Page 0454 among the land records of Chesterfield County, Virginia. Exhibit G - 5 Personal Property 000000003315 GATOR TRACTOR 000000003322 STAINLESS COMMSBS FRIDGE 000000003323 STAINLESS COMMSBS FRIDGE 000000003324 STAINLESS COMM REACHIN FREEZER 000000003325 COMMERCIAL ICE MAKER 00O000003326 WORK TA5LES CONCESSION AREA 000000003327 RANGE &HOOD CONCESSION AREA 000000003328 DEEP FRYER CONCESSION AREA 000000003329 STAINLESS HAND SINK -CONCESSION 000000003830 STAINLESS HAND SINK -CONCESSION 000000003331 WIRE CCiMM SHELVING CONCESSIONS 000000003332 FOOD PREP SINK CONCESSION AREA 000000003336 SECURITY CAMERA AV5125DNV1 000000003337 SECURITY CAMERAAV5125DNV1 000000003388 SECURITY CAMERA AV5125DNV1 000000003339 SECURITY CAMERA AV5125DNVI 000000003340 SECURITY CAMERA AV5125DNV1 000000003341 SECURITY CAMERA AV5125DNVI 000000003342 SECURITY CAMERA AV5125DNV1 000000003343 SECURITY CAMERA AV5125DNV1 000000003344 SECURITY CAMERA AV5125DNV1 000000003345 SECURITY CAMERA AV5125DNV1 000000=3346 SECURITY CAMERA AV5125DNV1 000000003347 SECURITY CAMERA AV5125DNV1 000000003348 SECURITY CAMERA AV5125DNV1 000000003349 SECURITY CAMERA AV5125DNV1 000000003871 SCOREBOARD 000000003372 PICNIC TABLES 000000003374 SECURITY SYSTEM 000000003376 LACROSSE GOALS 000000003536 ALUMINUM BENCHES Exhibit G - 6 Exhibit H ASSIGNMENT AND ASSUMPTION OF FACILITY AGREEMENTS THIS ASSIGNMENT AND ASSUMPTION OF FACILITY AGREEMENTS ("Assignment") is made as of 2016, by and between SPORTS COMPLEX HOLDINGS, LLC, a Georgia limited liability company ("Assignor'), and COUNTY OF CHESTERFIELD, VIRGINIA, ("Assignee'). RECITALS: A. This Assignment is made in connection with that certain Purchase and Sale Agreement dated as of October 25, 2016 (the "Purchase Agreement'), by and between Assignor and Assignee pursuant to which, among other things, Assignee is acquiring from Assignor real property and improvements located on Genito Road in Midlothian, VA 23112 (the "Project'). Capitalized terms not otherwise defined herein shall have the same meaning ascribed to them in the Purchase Agreement. B. Pursuant to the terms of the Purchase Agreement, Assignor is to assign to Assignee, all of its right, title and interest to the Facility Agreements set forth on Schedule 1 attached hereto. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, the parties hereto, intending to be legally bound, agree as follows: 1. Assignor assigns, releases and transfers to Assignee all of Assignor's right, title and interest, if any, in and to the Facility Agreements as set forth on Schedule 1 attached hereto. 2. Assignee hereby assumes the duties and obligations of Assignor under the Facility Agreements, which duties and obligations arise and accrue from and after the date hereof. 3. Except as may be expressly set forth in the Purchase Agreement (and as limited thereby), Assignor makes no representations or warranties of any kind with respect to the Facility Agreements assigned herein. 4. This Assignment shall be binding upon and inure to the benefit of Assignor and Assignee and their respective successors and permitted assigns. 5. This Assignment shall be governed by the laws of the Commonwealth of Virginia as to, including, but not limited to, matters of validity, construction, effect and performance but exclusive of its conflicts of laws provisions. 6. This Assignment may be executed in one or more counterparts, and all counterparts so executed shall constitute one agreement binding on all of the parties hereto, notwithstanding that all of the parties are not signatory to the same counterpart. This Assignment may be executed by any party by the delivery of such party by facsimile, by portable document via electronic mail, or by other electronic means, a copy of the signature page of this Assignment duly executed by such party. Any copy of this Assignment so delivered by facsimile, by portable document format, or by other electronic means, shall be deemed to be an originally executed copy of this Assignment. [Signature Page to Assignment and Assumption offacilityAgreements] IN WITNESS WHEREOF, the parties hereto have caused this Assignment to be signed, sealed and delivered as of the date first set forth above. ASSIGNOR: SPORTS COMPLEX HOLDINGS, LLC a Georgia limited liability company By: Name: Title: Date: ASSIGNEE: COUNTY OF CHESTERFIELD, VIRGINIA Joseph Casey, Ph.D. County Administrator of Chesterfield County, Virginia Date: Approved as to Form: Michael S.J. Chernau Senior Assistant County Attorney SCHEDULE 1 Facility Agreements 1. Advertising Agreement by and between Assignor and Uptown Alley, dated June 23, 2016. 2. Facility Rental Agreement by and between Assignor and US Lacrosse, Inc., dated April 1, 2016. 3. Facility Rental Agreement by and between Assignor and Richmond Strikers, dated July 5, 2016. 4. Facility Rental Agreement by and between Assignor and Richmond Strikers, dated July 11, 2016. 5. Facility Rental Agreement (February 2018) by and between Assignor and Club Champions League, dated June 2, 2016. 6. Facility Rental Agreement (February 2017) by and between Assignor and Club ZID Champions League, dated June 2, 2016. 7. Facility Rental Agreement (December 2017) by and between Assignor and Club Champions League, dated June 2, 2016. 8. Facility Rental Agreement by and between Assignor and Legacy Global Sports, dated February 5, 2016. 9. Agreement by and between Richmond Region Tourism and Assignor, dated March 31, 2016. 10. Agreement by and between Richmond Region Tourism and Assignor, dated July 15, 2015. 11. Agreement by and between Richmond Region Tourism and Assignor, dated February 19, 2016. 12. Advertising Agreement by and between Assignor and Chuy's Opco, Inc., dated August 4, 2016. 13. Facility Rental Agreement by and between Assignor and 3STEP Sports, LLC, dated June 28, 2016. 11/16/2016 Key Takeaways Provides needed field space for residents Supports continued success of sports tourism efforts O Revenue diversification O Funding plan utilizes existing parks resources Other Considerations O Eliminates $9M CIP request for fields O Operating: 1 FTE, maintenance/utility costs; offset by new revenue 0 Capital: funds for site improvements proposed in FYI CIP; projected debt service covered by hotel taxes Plan for backfilling Western Area *� e,, .� Regional Park funding in progress Long term vision with Parks and Recreation Master Plan Information Sharing and Citizen Input U Widespread media coverage Public information session Nov. 2 at CHHS/RCSP Generally Positive Feedback U Common Concerns: traffic impacts and parking, other countywide needs, seating and concessions, communication and process W-� 4Z -44M.- - - / - CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA 1W9 Meeting Date: November 16, 2016 Item Number: 9.A. Subject: Report of Planning Commission Substantial Accord Determination for Chesterfield County Public Schools (Case 17PD0147) to Permit a Public Elementary School in an Agricultural (A) District Located in the Dale Magisterial District (Beulah Elementary School) County Administrator's Comments: County Administrator: Board Action Requested: On November 15, 2016, the Planning Commission determined that the proposed new elementary school (a replacement facility for the existing Beulah Elementary School) is in substantial accord with the Comprehensive Plan, as per attached (Case 17PD0147). (AYES: Wallin, Freye, Jackson, Jones and Sloan). Staff recommends no action. Summary of Information: State law provides that the Board may overrule the Planning Commission's determination or refer the matter back to the Planning Commission for an additional public hearing and decision. If the Board takes no action, the substantial accord determination will become final. Preparer: Kirkland A. Turner Title: Director of Planning Attachments: E Yes F-1No # CASE NUMBER:17PDO147 APPLICANT: Chesterfield County Public Schools APPROVAL CHESTERFIELD COUNTY, VIRGINIA Magisterial District: DALE ADDENDUM 0M9 5377 & 5441 Beulah Road 1-1 Board of Supervisors (BOS) Public Hearing Date: NOVEMBER 16, 2016 cy Applicant's Agent: G,P C'y [�Requo.sot CHRISTOPHER A. SORENSEN (804-748-1729) Planning Department Case Manager: �NGSLAIypRD RYAN RAMSEY (804-768-7592) s APPLICANT'S REQUEST Substantial accord determination to permit a public elementary school in an Agricultural (A) District. Construction of a new elementary school with a design capacity of 900 students is planned. Notes: A. Conditions may be imposed. B. Conditions, a memorandum from Schools, and supplemental information from the Dale District Planning Commissioner are located in Attachments 1- 3. ADDENDUM The purpose of this Addendum is to provide the Planning Commission's recommendation from their November 15, 2016 public hearing. The Planning Commission held a public hearing on this case at their meeting on November 15, 2016. Their determination is provided below. Staff continues to recommend approval of this request as outlined on the followi DETERMINATION PLANNING APPROVAL COMMISSION (11/15/2016) Providing a FIRST CHOICE community through excellence in public service RECOMMENDATION RECOMMEND APPROVAL • Satisfies the criteria of location, character and extent as specified in the Code of Virginia • Complies with Public Facilities Plan (Plan) an element of the Comprehensive Plan STAFF . While the Plan suggests a design capacity of between 600-750 students for new elementary school facilities, the proposed design capacity of 900 students offers a flexible design to better meet the needs of the community • Ordinance and conditions minimize the possibility of any adverse impact on area properties 17PDO147-2016NOV16-BOS-ADD 17PDO147-2016NOV16-BOS-ADD ^r Applicant Submittals 10/14/2016 Application submitted Community Meeting 11/2/2016 Issues Discussed • Questions and comments from citizens included: • Is there adequate long-term capacity being provided in new school facility • Parking for staff and parents at school events • Proposed use of existing Beulah Elementary School • Planned road improvements (turn lanes, shoulders and sidewalk along property frontage) to facilitate a larger design capacity • Construction timeframe for school and area road improvements • Changes to existing attendance zones • Plan's recommendation does not support a larger design capacity • Schools should review alternative proposals that could keep school design capacities at the Plan's recommendation of 600- 750 students Planning Commission Meeting 11/15/16 Citizen Comments Two citizens spoke in opposition to the request, noting that: • Additional time needed to analyze impact of a larger school design on area roads • Concern that additional property may be needed along Beulah Road to accommodate road improvements for the school • Design capacity needs for new elementary schools should be evaluated on a county -wide basis to ensure equity One citizen spoke in support of the request, being the principal of Beulah Elementary, noting that: • Additional space was needed to accommodate the school's pre- school and special education programs • The additional design capacity will accommodate smaller class sizes Commission Discussion Mr. Jackson noted the following: • Community meeting held to inform property owners of the revised design capacity as well as hear feedback on the proposal • Desire to maintain fidelity of zoning process, provide transparency, and analyze potential educational impacts relative to the request • Noted that the Schools has the ability to program school sizes • Mr. Jackson desire to forward supplemental documentation presented to the Planning Commission for the Board's consideration (Attachment 3) 17PDO147-2016NOV16-BOS-ADD Planning Commission Meeting (Continued) Determination: APPROVAL SUBJECT TO THE CONDITIONS IN ATTACHMENT 1 Motion: Jackson Second: Jones AYES: Wallin, Sloan, Freye, Jackson and Jones The Board of Supervisors on Wednesday, November 16, 2016, beginning at 3:00 p.m., will consider this request 17PDO147-2016NOV16-BOS-ADD ATTACHMENT 1 Note: The following conditions were recommended by both Staff and Planning Commission 1. Design District. Except where the requirements of the underlying Agricultural (A) zoning are more restrictive, development of the property shall conform to the requirements of the Zoning Ordinance for Corporate Office (0-2) Districts in the Emerging Growth Design District. (P) 2. Recreational Facility Setbacks. a. With the exception of playground areas which accommodate swings, jungle gyms or similar facilities, outdoor play fields, courts, swimming pools and similar active recreational facilities shall be located a minimum of 100 feet from any proposed or existing single-family residential lot line and a minimum of fifty (50) feet from any existing or proposed public road. Nothing herein shall prevent development of indoor facilities and/or parking within the 100 setback. Within the 100 foot and fifty (50) foot setbacks, a fifty (50) foot buffer shall be provided along the perimeter of all active recreational facilities except where adjacent to any existing or proposed public roads. These buffers shall conform to the requirements of the Zoning Ordinance for fifty (50) foot buffers. b. Any playground area (i.e. area accommodating swings, jungle gyms or similar such facilities) shall be located a minimum of forty (40) feet from all property lines. A forty (40) foot buffer shall be provided along the perimeter of these facilities except where adjacent to any existing or proposed public roads. These buffers shall conform to the requirements of the Zoning Ordinance for fifty (50) foot buffers. (P) 3. Dedication. Prior to any site plan approval, or within sixty (60) days of a written request by the Transportation Department, whichever occurs first, forty-five feet of right of way on the south side of Beulah Road, measured from the centerline of that part of Beulah Road immediately adjacent to the property shall be recorded. (T) 4. Access. Direct vehicular access from the property to Beulah Road shall be limited to two (2) entrances/exits. The exact locations of these accesses shall be approved by the Transportation Department. (T) Road Improvements. Prior to the issuance of an occupancy permit, the following road improvements shall be completed, as determined by the Transportation Department: a. Construction of additional pavement along Beulah Road to provide left and right turn lanes at each approved access. 5 17PDO147-2016NOV16-BOS-ADD b. Construction of pedestrian accommodations, as determined by the Transportation Department, which may include a sidewalk along the south side of Beulah Road for the entire property frontage. C. Installation of school area traffic control signs along Beulah Road, as determined by the Transportation Department, which include flashing school zone signs. d. Recordation of any additional right-of-way (or easements) required for the improvements identified above. (T) 6 17PD0147-2016NOV16-BOS-ADD James F. Lane, Ed.D. superintendent 10) Chesterfield County Public Schools wwvagoe. 6popMa ftlevant. TO: Dr. Edgar Wallin, Chair Chastertieid County Planning Convnission FROM: James F. Lane, Ed.D.s Superintendent Christopher A. Sorensen Assistant Superintendent far BLWron and Finance DATE: October 17, 2016 SUBJECT. Beulah Elenhentary School Substantial Accord Application 804.748.1434 superintendents*ccpsnetrhet The Public Favi tt s Plan within the Ctwsterbid County Comprehensive Plan outlines recommended criteria for a new elementary school. The criteria includes a recommended design capacity of 600-750 studen& initially, the school division proposed a prototype school for the Beulah Elementary replacement school Consisting of a design capacity of 750 students. The Planning Commission granted approval of substantial accord for this design at the August 16, 2016 Planning Commission meeting. The Board of Supervisors granted approval of the K b ow" accord at their August 24. 2016 me*". Based on subsequent meetings with school administrators. IrMuding the sdhools principal, the division is now propoeft to corWA& an elementary school with a design capacity of 900 for the Beulah replacement school. Beulah Elernartry is a Title 1 school and receives additional resources to provide enhanced instruction to the students. These resources stow the school to have smaller pupil teschher retios than the 25:1 design standard. The additional 64 classrooms provided in the larger budding design will better accommodate the shelf. Therefore, as part of our new substantial accord determination, we request an exception to the recommended design capacity in the Public Facilities Plan. In addition to the additional resources provided to a Tolle I school, there are several other reasons for the proposal to construct a larger school: 1. Functional capacity. or the actual Instructional implementation of the facility. Is almost always RM than design capacity. Overall design capacity can be reduced for the following reasons: a. Spacial aducation will have a varying number students per classroom. b. English Speakers of Other Languages will have a varying number students per Office of the Superintendent P.O. Box 10 mycheslerfieldsdhools.00m Chester%W VA, 23832 An eauat oppodunlh 17 P DO147-2016N OV 16-BOS-AD D c. Additional space is required for intensive and/or individual instruction and related services. d. Preschool programs that require smaller class sizes. 2. The fire -year plans continues to include funding targeted at reducing pupil -to -teacher ratios (PTR). Building a larger school will provide the space for the additional teachers necessary for this enhanced Instructional initiative. 3. Enrollment per grade does not always fail Into an even number of students that can be divided by 25 (design capacity). The additional space allows the placement of students in additional classrooms allowing class sizes to remain in compliance with the Commonwealth's Standards of Duality. Ultimately. this decision only adds between six and eight Classrooms. providing the school division the ilexibilty necessary to implement enhanced and innovative instructional initiatives and effectively manage the future needs of our school comrnunity. We feel the decision to propose a 9004ulent elementary school for the Beulah Elementary replacement school area is a prudent fiscal decision and forward4 inkking planning decision that will have positive academic and community outcomes as well. 17PD0147-2016NOV 16-BOS-ADD 'y( `•, I, Chesterfield County, Virgini,2_ M T Memorandum DATE: NOVEMBER 16, 2016 TO: THE HONORABLE MEMBERS OF THE BOARD OF SUPERVISORS FROM: KIRKLAND A. TURNER, DIRECTOR OF PLANNING SUBJECT: CASE 17PDO147 — SUPPLEMENTAL INFORMATION FROM THE PLANNING COMMISSION TO THE BOARD OF SUPERVISORS FOR THE BEULAH ELEMENTARY SUBSTANTIAL ACCORD DETERMINATION The attached information was provided to the Planning Commission at their public hearing on November 15, 2016. The Dale District Planning Commissioner, Mr. Michael Jackson, requested that staff provide this supplemental information to the Board in their consideration of the Beulah Elementary School substantial accord determination. The first document is a memorandum prepared by Chesterfield County Public Schools (CCPS) to the Planning Commission based upon information that Mr. Jackson requested from CCPS. The second document is an excerpt from a Joint Legislative Audit and Review Commission report titled "Efficiency and Effectiveness of K-12 Spending" that Mr. Jackson shared with the Planning Commission. 9 17PDO147-2016NOV16-BOS-ADD Chris Sorensen Assistant Superintendent Business and Finance Chesterfield County Public Schools Innovative. Engaging. Relevant. TO: Dr. Edgar Wallin Planning Commission Chair FROM: Christopher A. Sorensen(* Assistant Superintendent for Business and Finance DATE: November 14, 2016 SUBJECT: Beulah Substantial Accord Public Hearing 804-748-1729 Chris�-Sorensen@ccpsnet.net Thank you for placing the substantial accord determination application for the new Beulah Elementary School on the Planning Commission's November 1S, 2016, agenda. This allows the school division to continue with an aggressive construction schedule for all four elementary schools. Maintaining this schedule will allow the division to deliver these schools to the respective communities in a timely and cost effective manner. On November 4, 2016, school staff received an email from Ryan Ramsey of the County's Planning Department containing several questions from Commissioner Michael Jackson. As a courtesy to the Planning Commission, I wanted to provide the school division's responses directly to you to ensure all members of the Commission receive the same information at the same time. I hope you will find our responses informative. Please let me know if you or any other commissioner has any additional questions. The questions and responses are below. 1. Will the current attendance zone for Beulah elementary school be the attendance zone used for the new Beulah elementary school? Chesterfield County Public Schools (CCPS) response: There are currently no plans to amend the attendance zone. However, the division annually reviews enrollment and school capacities. It is not anticipated that any changes that may be considered by the School Board would increase the enrollment at Beulah. 2. Does CCPS have any current plans to adjust the attendance zone for Beulah elementary school? CCPS response: No. See above. 3. Provide paper copies of the Beulah elementary school zone map be given to each planning commission (please provide 8 copies total) CCPS response: Map of the current attendance zone is Attachment A. 4. Does the CCPS superintendent currently have the authority to shift up to 10% of students at any given school? If so, what process is utilized to initiate such a shift? CCPS response: School Board policy 4040 allows the Superintendent to "... administratively adjust school attendance areas, after consultation with the affected School Board representative(s), when James F. Lane, Ed.D. ggoo Krause Road mychesterfieldschools.com Superintendent Chesterfield, VA 23832 An equal opportunity employer less than fifteen percent of the enrollment of each school will be affected, and any one of the following circumstances occurs: 1. an emergency or other overriding public need requires such a change; 2. new unoccupied housing or a planned housing development where reassignment would alleviate school crowding or facilitate student transportation; or 3. analysis indicates that change will improve the operating efficiency of the division S. Provide paper copies of the school board policy that grants the in superintendent authority to shift up to 10% of students. Provide a copy of said policy to each planning commission. (please provide 8 copies total) CCPS response: See answer above. School Board policy 4040 is Attachment B. Please note that the policy allows "..less than fifteen percent.. ". 6. Provide paper copies of the school board policy 7240 be provided to each planning commission (please provide 8 copies total) CCPS response: School Board policy 7240 is Attachment C. 7. Provide a timeline within your presentation noting when the following events occurred: a. When the architect was first initiated to work on the school proposal for Beulah b. Filing dates for the initial and current substantial accord applications c. Any and all actions of the School Board related to the new Beulah Elementary school (i.e. date they approved filing the initial substantial accord application, and when was the School Board's vote to amend substantial accord application design capacity from 750 to 900) d. Dates of each community meeting held to discuss case (for the original and current substantial accord application, also include other community meetings held to discuss this request) e. Dates of each CPC/BOS meeting held to discuss case (for the original and current substantial accord application) f. When CCPS informed architect to redesign (change order) Beulah based on the increase design capacity June 6, 2016 — CCPS staff submits draft substantial accord application to County Planning Department. June 16, 2016 - School Board approves substantial accord determination application for 750 student design. June 16, 2016, School Board memo is Attachment D approving substantial accord application for 750 student design. July 12, 2016 - School Board awards design contract to RRMM architects. July 12, 2016, School Board memo is Attachment E awarding the contract to RRMM Architects. August 1, 2016 - Community meeting conducted to discuss substantial accord application for 750 design rapacity. August 16, 2016 - Public hearing and approval by Planning Commission. August 24, 2016 - Approval by Board of Supervisors September 27, 2016 - School Board approves change of scope, including a design capacity of 900 students. September 27, 2016, School Board memo is Attachment F changing the scope of the project. October 14, 2016 — CCPS staff submits draft substantial accord application for a 900 student design to County Planning Department. October 25, 2016 - School Board approves the substantial accord application for a 900 student design. October 25, 2016, School Board memo is Attachment G approving application for 900 student design. November 2, 2016 - Community meeting conducted to discuss substantial accord application for 900 design capacity. November 15, 2016 - Public hearing before Planning Commission November 16, 2016 - Board of Supervisors consideration. JFL/CAS/sj C: Dr. James F. Lane, Superintendent Mr. John Erbach, School Board Member Mr. Ryan Ramsey, Planning Department Attachment B File: 4040 SCHOOL ATTENDANCE AREAS A student shall attend the school in his or her attendance area as established by the School Board unless the Superintendent assigns an individual student to a different school. The Superintendent or the Superintendent's designee is authorized to administratively adjust school attendance areas, after consultation with the affected School Board representative(s), when less than fifteen percent of the enrollment of each school will be affected, and any one of the following circumstances occurs: an emergency or other overriding public need requires such a change; 2. new unoccupied housing or a planned housing development where reassignment would alleviate school crowding or facilitate student transportation; or 3. analysis indicates that change will improve the operating efficiency of the division. The School Board will approve all other changes in attendance areas, upon recommendation of the Superintendent based on the need to provide for the orderly administration of the schools, the competent instruction of the students, and the health, safety, best interests and general welfare of all students. Parents whose students will be moved as a result of a proposed change in attendance areas will be notified prior to action being taken by the School Board, or by the Superintendent or the Superintendent's designee. In circumstances where 25 percent or more of the students in a school will be moved, notice of the change in attendance areas will be provided to the families of all students attending that affected school. Adopted: December 8, 2009 Legal Ref.: Code of Virginia, 1950, as amended, §§ 22.1-79, 22.1-253.13:7.C.3. Cross Ref.: 1020 Duties and Powers 4020 Attendance 4040-R Waiver for Student to Attend Other Than Home School 4041 Transfers by Student Victims of Crime 4042 School Choice for Students Enrolled in Title I School Identified for Improvement [VSBA: JC] CHESTERFIELD COUNTY PUBLIC SCHOOLS Attachment C File: 7240 Page 1 of 4 LONG-RANGE EDUCATIONAL FACILITIES PLANNING The School Board shall take appropriate actions to enable Chesterfield County Public Schools to address changing enrollment patterns and provide the facilities necessary to sustain quality educational programs at reasonable cost. The School Board encourages citizens and school communities to identify and communicate to the School Board and Superintendent their priorities and concerns for resolving facility issues. However, nothing in this policy is intended, nor shall it be construed, to limit the authority of the Superintendent or the School Board to adopt or amend its Capital Improvement Plan. The School Board desires to anticipate and appropriately prepare for population growth and fluctuations in student enrollment by preserving neighborhoods and maximizing long-term cost benefit. Where feasible, the School Board will plan for new schools and renovations based on community -oriented principles, such as plan additions and renovations with neighboring community in mind; strive to locate new facilities within new or established neighborhoods; capitalize on existing facilities and infrastructure; share facilities through joint use or co -location of public facilities; create safer environments for students to walk or bike; make schools a focal point of neighborhood revitalization; and consider the impact of public and private sector energy consumption when making school location and districting decisions. A. Purpose The School Board desires to promote public understanding of the Capital Improvement Plan and the process by which decisions are made. Policy objectives include: 1. Provide permanent classrooms to accommodate long-term enrollment trends and address changing enrollment patterns; 2. Anticipate and accommodate the needs of both regular students and students with special needs; 3. Promote continuity and stability of the K-12 program; 4. Use existing space consistent with sound educational practice; 5. Anticipate and accommodate future improvements in educational programs and services to the extent possible; 6. Recognize that older facilities must be renovated to continue their usefulness on a cost-effective basis and to maintain program quality; 7. Provide options as alternatives to "bricks and mortar", construction of physical plants, to address changing community needs; 8. Use innovative, sustainable designs and construction principles to maximize existing land and space in anticipation for future land use/growth patterns; and utilize best construction design that encourages best practices in energy consumption. CHESTERFIELD COUNTY PUBLIC SCHOOLS File: 7240 Page 2 of 4 B. Process School Board decisions regarding facilities will be based on the available data to include membership projections, housing trends, student yield in residential developments, instructional capacity models, and space utilization surveys of each school. Further, decisions regarding facilities will consider the impact on student transportation times. 1. Annually, the Superintendent will review the available data and solicit the input of school communities in their feeder patterns through the principals prior to reporting to the School Board on the existence of overcrowding or declining enrollment, renovation needs, mobile classrooms/trailers and major maintenance needs. The Superintendent also will identify the level of support needed to implement other plans, such as the School Board's Five -Year Technology Plan, the Growth Task Force Report, and the County's Comprehensive Plan/Public Facilities Plan. 2. After consultation with School Board members, the Superintendent will present a proposed Capital Improvement Plan to the School Board no later than its first meeting in December of each year. The Capital Improvement Plan will include recommendations for new building requirements and restoration and renewal of existing school facilities. 3. The School Board may meet in joint session with the Board of Supervisors to discuss the proposed Plan. 4. The School Board will hold a public hearing no later than its regularly scheduled December meeting each year to solicit input from the community regarding the proposed Plan and the need for facility improvements. 5. Approval is required no later than the first meeting in January in order to have the School Board's adopted plan included in the County Administrator's Countywide Capital Improvement Plan presented to the Board of Supervisors. 6. The Superintendent will make quarterly or semi-annual status reports to the School Board regarding the implementation of the Capital Improvement Plan. Such reports will provide updates on existing projects and any adjustments needed to address unforeseen circumstances. C. Overcrowding In circumstances of overcrowding, the Superintendent will provide the School Board with options for alleviating the condition. The following options may be considered individually or in combination: 1. Use portable classrooms or alternative space on a temporary basis to alleviate short-term overcrowding; 2. Identify the location of special programs and determine whether relocation of any or all of these programs can provide sufficient relief; CHESTERFIELD COUNTY PUBLIC SCHOOLS File: 7240 Page 3 of 4 3. Expand online learning opportunities. 4. Implement alternative school schedules or calendars. 5. Offer dual enrollment through classes taken on college campuses. 6. If long-range enrollment projections indicate continued overcrowding, review the instructional capacity of neighboring schools to determine if modifications in the attendance zone boundaries are feasible and report such to the School Board; 7. If long-range enrollment projections indicate continued overcrowding, provide options for addition and renovation of existing facilities; and 8. Propose the construction of new schools once all other alternatives have been examined and eliminated. D. Declining Enrollment In circumstances of declining enrollment, the Superintendent will provide the School Board with options that may include the following: 1. Identify the location of special programs and determine whether relocation of these programs can effectively use available capacity; 2. If long-range enrollment projections indicate continued declining enrollment, review the instructional capacity of neighboring schools to determine if modifications in the attendance zone boundaries are feasible and report such to the School Board; 3. If long-range enrollment projections indicate continued declining enrollment, propose options for alternative use other than traditional school; and 4. If long-range enrollment projections indicate continued declining enrollment and other options are not feasible, recommend discontinuing use of the facility by Chesterfield County Public Schools. E. School Board Input to the Planning Commission and the Board of Supervisors The Superintendent shall consult with School Board members prior to providing input that does not adhere to the criteria listed below. The School Board will advise the Superintendent as to exceptions. Input to the Planning Commission and the Board of Supervisors relating to growth will be based upon the following criteria: 1. A strong education system benefits all citizens; therefore, the cash proffer amount that is requested should not be lowered in those cases where certain developments are anticipated to produce fewer students than the average countywide yield. 2. Land may be substituted for cash as a requested proffer when beneficial to the school system. CHESTERFIELD COUNTY PUBLIC SCHOOLS File: 7240 Page 4 of 4 3. Overcrowding is not a health and safety issue for students or staff when appropriate steps are taken. 4. Development should be viewed from a division perspective as well as from the perspective of an individual school or feeder pattern. While certain schools may have capacity, that capacity may be needed to provide relief for other schools in the division. 5. All zoning cases are assessed for school impact only, without judging or commenting upon the characteristics of a particular type of development. F. Funding of Capital Needs Various funding options exist for financing the School Board's Capital Improvement Plan. The options range from direct county contributions, such as the Reserve for School Capital Projects; proceeds from the sale of bonds; direct contributions from sources such as private developers requested cash proffers; and state funds. Adopted: December 8, 2009 Legal Ref.: Cross Ref Code of Virginia, 1950, as amended, §§ 22.1-28, 22.1-79(3), 22.1-253.13:6.B. Chesterfield County Charter, § 5.2. 1012 1020 1110 2030 4043 6010 6011 6012 [VSBA: FA, FB] Comprehensive Plan Duties and Powers Public Participation at Meetings Role and Duties of the Superintendent School Census Educational Partnerships Community Relations Communications CHESTERFIELD COUNTY PUBLIC SCHOOLS Attachment D CHESTERFIELD COUNTY PUBLIC SCHOOLS CHESTERFIELD, VIRGINIA CCPS MEMORANDUM #62 (2016) JUNE 16, 2016 TO: School Board FROM: Dr. Marcus J. Newsome Superintendent SUBJECT: Approval of Substantial Accord Applications PERTINENT INFORMATION The school division is currently in the process of acquiring land for the Beulah and Enon Elementary School replacement schools. Both sites require substantial accord determination through the Planning Commission and Board of Supervisors. On May 31, 2016, CCPS Business and Finance and Operations staff met with County departments for a substantial accord pre -application meeting to discuss the substantial accord determination process for both schools. Tentative substantial accord determination applications were submitted to the County Planning Department for Beulah and Enon replacement school sites on June 6, 2016 (attachments A and B). Section 19.1-40. of the Zoning Ordinance for Chesterfield County states that, "a substantial accord application for a county facility may also be initiated by the director of any county department or county office, and by school administration with the approval of the school board." Therefore, before the applications can be acted upon, the School Board must approve the application. If approved, the items are anticipated to go before the Planning Commission on August 16, 2016 and the Board of Supervisors on August 24, 2016. RECOMMENDED ACTION: It is recommended that the School Board approve Christopher A. Sorensen to act as the agent for Chesterfield County Public Schools for submittal of all substantial accord determination applications for review of new school facilities. It is also recommended that the School Board approve that the substantial accord applications for Beulah and Enon Elementary sites be submitted to the county planning department for consideration by the Chesterfield County Planning Commission and Board of Supervisors. MJN/CAS/aa CHESTERFIELD COUNTY PUBLIC SCHOOLS CHESTERFIELD, VIRGINIA CCPS MEMORANDUM #61 TO: School Board FROM: James F. Lane, Ed.D. SUPERINTENDENT Attachment E Date: July 12, 2016 SUBJECT: Approval of Prototype Design Contract for Four (4) Elementary Schools PERTINENT INFORMATION Chesterfield County's 2013 Bond Referendum identified three school replacement projects and one new additional school. The replacement schools identified are Beulah, Enon, and Matoaca Elementary Schools. The Midlothian area Elementary School is the new school. Because of the aggressive timeline to complete construction, the School Board considered utilizing either a new design prototype (Track 1) or a prototype from the Architectural/Engineering Firm's construction portfolio of as -built elementary schools (Track 2). Nine (9) companies submitted proposals and eight (8) were accepted by Purchasing. The top three (3) companies were interviewed: Ballou Justice Upton Architects, BCWH Inc., and RRMM Architects. The selection committee reviewed proposals for both Tracks 1 and 2, and subsequently recommended utilizing an existing "as -built" prototype as described in the Track 2 option in order to meet the aggressive construction timeline. Two one-story prototype designs were selected. The base design for each is an approximately 85,000 square foot prototype that effectively accommodates 750 to 778 elementary school students based upon programming. Utilizing an existing as -built prototype design provides significant cost savings as reflected below. While the design for the first school is significantly discounted versus an original design, subsequent schools are further discounted due to the decreased level of effort by using the same design. The award represents the following costs: 1. Design Fees — up to $2,955,160.00 which includes: a. Original Prototype Design School 1 - $879,198 (Creekside; see attached) b. Original Prototype Design School 2 - $598,382 c. Original Prototype Design School 3 - $598,382 d. Original Prototype Design School 4 - $598,382 e. Optional use of an Alternate Prototype Design to replace any Original Prototype Design for School 2, 3, or 4 is an additional cost of $280,816 (the difference between $879,198 and $598,382) 2. Additional Services for all 4 schools - $771,042 3. Offsite Improvements (includes design budget costs for roadway improvements, offsite utilities, and offsite drainage pending final site determination, evaluation, and analysis) - $864,760 4. Meeting attendance over the next 5 years (excluding construction administration) - $69,552 The costs listed above represent a total award of $4,660,514 for A&E services to design and administer construction administration services for four (4) elementary schools. Not included in the costs are 1. Early Separate Site Prep Package — (Additional costs for preparing and bidding the site work by itself prior to the schools being built) 2. Traffic studies 3. Additive alternate or deductive alternate design work 4. Special use permitting or other public hearing attendance not in 5 year plan 5. Mirror imaging of plans The cost summary is provided in the attached table. The CIP budget for design services for all four elementary schools is $10M. This contract falls well within the budget for the elementary school construction. 1 • N u_ 1 O The selection committee recommends that the School Board award the prototype design contract for Beulah, Enon, Matoaca, and Midlothian area Elementary Schools construction project to RRMM Architects, in the amount of $4,660,514. Attachments: Creekside School Design RRMM Architects Cost Summary Sheet Project Schedules Attachment F CHESTERFIELD COUNTY PUBLIC SCHOOLS CHESTERFIELD, VIRGINIA CCPS MEMORANDUM #83 (REVISION #01) September 27, 2016 TO: School Board FROM: Dr James Lane Superintendent SUBJECT. Change Order to RRMM for 4 New Elementary Schools Prototype Design PERTINENT INFORMATION On July 12, 2016, the School Board Approved the prototype design contract for four new elementary schools with Memo #61. The award to RRMM Architects consisted of: 1. Two elementary one-story prototype designs with approximately 85,000 square feet and a student capacity of 750 to 778 elementary school students. Of the two prototype options, CCPS chose the "Creekside" model now known as the Chesterfield model. 2. Design Fees awarded totalled up to $2,674,344 and included • Original Prototype Design School 1 - $879,198 • Original Prototype Design School 2 - $598,382 • Original Prototype Design School 3 - $598,382 • Original Prototype Design School 4 - $598,382 • Optional use of an Alternate Prototype Design to replace any Original Prototype Design for School 2, 3, or 4 is an additional cost of $280,816 (the difference between $879,198 and $598,382 • Additional Services for all 4 schools - $771,042 • Off-site Improvements (included design budget costs for roadway improvements, off-site utilities, and off-site drainage pending final site determination, evaluation, and analysis) - $864,760 • Meeting attendance over the next 5 years (excluding construction administration) - $69,552 • The costs listed above represent a total award of $4,660,614 for A&E services to design and administer construction administration services for four (4) elementary schools. 3. Not included in the costs were • Additional costs for separating the paired schools in the bid documents • Traffic studies • Additive alternate or deductive alternate design work • Special use permitting or other public hearing attendance not in 5 year plan • Mirror imaging of plans In collaboration with instructional and community stakeholders, minor prototype changes are recommended that will result in a prototype that fully meets the needs and desires of those stakeholders. A summary of the changes requested and associated costs are as follows: 1. Customization of the administrative suite, clinic, music room, media center, art room and The requested changes modify the scope of the original contract with an associated fee of $153,340. The original award identified $280,816 for the "Optional use of an Alternate Prototype Design to replace any Original Prototype Design" that will not be used as a result of the customization and mirror imaging. The net result is an original award overage of $127,476 that can be utilized to offset any additional unforeseen design costs or deducted from the contract at the end of the project. RECOMMENDED ACTION: I recommend that the Board approve the change order modifying the scope of the prototype contract with RRMM as requested by instructional and community stakeholders that results in a net contract allowance of $127,476 versus the original allowance of $280,816 Attachments: RRMM Summary of Additional Services teacher work areas for the original prototype - $ 68,336 2. Four front entry options and graphic work for voting - $ 18,218 3. Mirror imaging of prototype (Enon) - $ 21,751 4. Minor revisions to classroom casework - $ 0 5. Enon site 4 vs. site 1 design cost and building demo - ($124,875)- 6. Deductive alternate for terrazzo to rubber tile floor - $ 4,179 7. Deductive alternate for metal roofing to asphalt shingles - $ 0 8. Prototype expansion to 900 students $165,731 Total $153,340 (*Includes pricing for church property only. Additional change order needed if additional property is purchased) The requested changes modify the scope of the original contract with an associated fee of $153,340. The original award identified $280,816 for the "Optional use of an Alternate Prototype Design to replace any Original Prototype Design" that will not be used as a result of the customization and mirror imaging. The net result is an original award overage of $127,476 that can be utilized to offset any additional unforeseen design costs or deducted from the contract at the end of the project. RECOMMENDED ACTION: I recommend that the Board approve the change order modifying the scope of the prototype contract with RRMM as requested by instructional and community stakeholders that results in a net contract allowance of $127,476 versus the original allowance of $280,816 Attachments: RRMM Summary of Additional Services Attachment G CHESTERFIELD COUNTY PUBLIC SCHOOLS CHESTERFIELD, VIRGINIA CCPS MEMORANDUM #98 (2016) October 25, 2016 TO: School Board FROM: Dr. James F. Lane, Ed.D. Superintendent SUBJECT. Approval of Substantial Accord Determination Application for the new Beulah Elementary School PERTINENT INFORMATION: On June 16, 2016, the School Board approved the submittal of a substantial accord determination package for the site of the new Beulah Elementary School to the Chesterfield Planning Commission. The Planning Commission approved the request at their August 16, 2016 meeting. The Chesterfield County Board of Supervisors approved the request for substantial accord for the same site at their August 24, 2016 meeting. Since that time, however, the School Board has approved a change in the design capacity for the school from 750 to 900 students. This change in design capacity requires substantial accord approval by the Planning Commission and Board of Supervisors. The attached exemption paper outlines the Board's decision for change to the design capacity (attachment A). A tentative substantial accord determination application has been submitted to the County Planning Department for the new Beulah Elementary School site (attachment B). Section 19.1-40. of the Zoning Ordinance for Chesterfield County states that, "a substantial accord application for a county facility may also be initiated by the director of any county department or county office, and by school administration with the approval of the school board." Therefore, before the application can be acted upon, the School Board must approve the application. If approved for submission, it is anticipated that the application will go before the Planning Commission on November 15, 2016 and the Board of Supervisors on November 16, 2016. A community meeting to discuss the application is scheduled for 6 PM November 2, 2016 at the current Beulah Elementary School. RECOMMENDED ACTION: It is recommended that the School Board approve that the substantial accord determination application and submission to the County Planning Department for the new Beulah Elementary School site. J UCAS/ Senate Document 11 Commonwealth of Virginia September 2015 Report to the Governor and the General Assembly of Virginia JLARC JOINT LEGISLATIVE AUDIT AND REVIEW COMMISSION Joint Legislative Audit and Review Commission Chair Senator John C. Watkins Vice -Chair Delegate Robert D. Orrock, Sr. Delegate David B. Albo Senator Charles J. Colgan Delegate M. Kirkland Cox Senator Janet D. Howell Delegate Johnny S. Joannou Delegate S. Chris Jones Delegate R. Steven Landes Delegate James P. Massie III Senator Thomas K. Norment, Jr. Delegate John M. O'Bannon III Delegate Lionell Spruill, Sr. Senator Walter A. Stosch Martha S. Mavredes, Auditor of Public Accounts Director Hal E. Greer JLARC Staff for This Report Justin Brown, Associate Director Jamie Bitz, Project Leader Bridget Marcek Joe McMahon Nichelle Williams Report No. 472 02015 Joint Legislative Audit and Review Commission http://jlarc.virginia.gov C®1V11�®NWEAI.�'H ®f VIRGINIA Joint Legislative Audit and Review Commission Hal E Greer 201 North 9th Street, Gene YdAswmbly Building, Suite 1100 (804) 786.1258 Director Richmond, Virginia 23219 March 24, 2016 The Honorable John C. Watkins, Chair Joint Legislative Audit and Review Commission General Assembly Building Richmond, Virginia 23219 Dear Senator Watkins: In 2013, the General Assembly directed the Joint Legislative Audit and Review Commission (JLARC) to study K-12 spending in Virginia, and to identify opportunities for improving the quality of education in consideration of the funds spent (HJR 328). In 2014, the General Assembly further directed JLARC to examine virtual instruction as part of its study of K-12 spending (Item 30, Appropriation Act). This report was briefed to the Commission and authorized for printing on September 14, 2015. On behalf of Commission staff, I would like to express appreciation for the cooperation and assistance of the staff of the Virginia Department of Education and the Virginia Department of Planning and Budget. I would also like to thank the staff of local school divisions who provided information and assistance. Sincerely, 1 Hal E. Greer Director Contents Summary i Recommendations v Chapters 1. K-12 Education in Virginia and Compared to Other States 1 2. Total K-12 Spending 9 3. Instructional Spending 15 4. Facilities Spending 29 5. Transportation Spending 41 6. Role of Online Learning Programs in Virginia 49 Appendixes 61 Appendixes Appendix E: Change in Spending by School Divisions This appendix provides the percentage change in total per -student operational spending by school divisions since FY 2005 and FY 2009. All spending figures are adjusted for inflation. Of the 128 di- visions for which useful data is available, 108 spent less on K-12 operations in FY 2014 compared to FY 2005. These 108 divisions tended to be larger, accounting for 94 percent of students statewide and including 19 of the 20 largest divisions. All but four divisions spent less in FY 2014 compared to FY 2009, when K-12 spending peaked be- fore the recession of 2008-2009. Over 99 percent of students are in divisions that decreased spend- ing per student over this time period. Overall, the median reduction in per -student operational spending by divisions was 7.1 percent between FY 2005 and FY 2014, and 12.5 percent between FY 2009 and FY 2014. TABLE E-1 Change in per -student operational spending by school divisions % change % change Division FY 2005 FY 2009 FY 2014 (FY OS -14) (FY 09-14) Accomack $11,900 $11,382 $9,873 -17.0% -13.3% Albemarle $13,462 $13,848 $12,767 -5.2% -7.8% Alexandria $20,356 $20,323 $17,622 -13.4% -13.3% Alleghany $11,283 $11,793 $10,896 -3.4% -7.6% Amelia $9,887 $10,584 $9,730 -1.6% -8.1% Amherst $10,062 $11,165 $10,292 2.3% -78% Appomattox $9,763 $10,764 $8,635 -11.6% -19.8% Arlington $21,191$22,,214 $18736 -11.6% -15.7% Augusta $9,855 $10,727 $9,034 -8.3% -15.8% Bath $15,407 $15,050 $16,411 6.5% 9.0% Bedford $9,996 $9,890 $9,137 -8.6% -7.6% Bland $10,860 $10,508 $10,454 -3.7% -0.5% Botetourt $10,525 $11,281 $10,446 -0.8% -7.4% Bristol $11,404 $11,173 $10,139 -11.1%° -9.3 /o Brunswick $12,730 $12,854 $10,793 -15.2% -16.0% Buchanan $11,809 $12,655 $10,910 -7.6% -13.8% Buckingham $11,433 $12,567 $10,140 -11.3% -19.3% Buena Vista $10,659 $11,211 $9,624 -9.7% -14.2% Campbell $9,661 $10,276 $8,733 -9.6% -15.0% Caroline $10,192 $10,573 $9,000 -11.7% -14.9% Carroll $10,581 $11,239 $10,159 -4.0% -9.6% Charles City $16,519$14,,919 $12919 -21.8% -13.4% Charlotte $10,422 $11,691 $10,975 5.3% -6.1% Charlottesville $15,655 $17,568 $14,407 -8.0% -18.0% Chesapeake $10,815$12,,206 $10618 -1.8% -13.0% 75 Appendixes Division FY 2005 FY 2009 FY 2014 % change (FY 05-14) % change (FY 09-14) -6.4% -15.5% Clarke $10,754 $10,615 $10,456 -2.8% -1.5% Colonial Beach -- $13,060 $11,585 -- -11.3% Colonial Heights $12,081 $13,217 $12,617 4.4% -4.5% Covington $14,092 $13,821 $11,045 -21.6% -20.1% Craig $10,927 $11,047 $10,306 -5.7% -6.7% Culpeper $10,062 $10,800 $9,199 -8.6% -14.8% Cumberland $12,026 $12,190 $10,263 -14.7% -15.8% Danville $10,698 $12,022 $10,238 -4.3% -14.8% Dickenson $10,997 $12,138 $10,484 -4.7% -13.6% Dinwiddie $10,607 $10,835 $9,518 -10.3% -12.2% Essex $11,033 $11,700 $10,157 -7.9% -13.2% Fairfax $14,557 $14,901 $13,931 -4.3% -6.5% Falls Church $19,696 $20,879 $17,016 -13.6% -18.5% Fauquier $11,841 $12,540 $11,898 0.5% -5.1% Floyd $10,186 $10,550 $9,670 -5.1% -8.3% Fluvanna $9,785 $11,345 $9,229 -5.7% -18.7% Franklin City $10,477 $11,309 $10,158 -3.0% -10.2% Franklin County $12,975 $14,190 $12,599 -2.9% -11.2% Frederick $11,037 $11,341 $10,487 -5.0% -7.5% Fredericksburg $12,957 $14,418 $12,593 -2.8% -12.7% Galax $9,896 $10,591 $9,943 0.5% -6.1% Giles $9,910 $10,442 $9,523 -3.9% -8.8% Gloucester $10,660 $11,198 $9,712 -8.9% -13.3% Goochland $11,306 $12,463 $11,022 -2.5% -11.6% Grayson $10,939 $12,458 $11,997 9.7% -3.7% Greene $11,077 $11,317 $9,514 -14.1% -15.9% Greensville -- $11,849 $9,755 -- -17.7% Halifax $11,666 $12,007 $9,817 -15.9% -18.2% Hampton $10,926 $12,006 $10,193 -6.7% -15.1% Hanover $9,600 $10,758 $8,981 -6.4% -16.5% Harrisonburg $12,513 $14,684 $11,459 -8.4% -22.0% Henrico $9,754 $10,336 $8,879 -9.0% -14.1% Henry $10,223 $11,014 $9,335 -8.7% -15.2% Highland $14,224 $18,167 $17,864 25.6% -1.7% Hopewell $11,453 $12,056 $9,769 -14.7% -19.0% Isle of Wight $10,359 $11,852 $9,551 -7.8% -19.4% King and Queen $14,127 $15,440 $12,257 -13.2% -20.6% -10.1% King William $10,431 $11,346 $9,926 -4.8% -12.5% Lancaster $11,720 $12,283 $11,575 -1.2% -5.8% 76 Appendixes Division FY 2005 FY 2009 FY 2014 % change (FY 05-14) % change (FY 09-14) Lee $11,690 $13,041 $9,664 -17.3% -25.9% Lexington $10,233 $10,900 $9,073 -11.3% -16.8% Loudoun $14,424 $14,891 $12,556 -13.0% -15.7% Louisa $10,726 $11,653 $11,571 7.9% -0.7% Lunenburg $11,327 $11,759 $9,666 -14.7% -17.8% Lynchburg $10,990 $12,458 $10,618 -3.4% -14.8% Madison $10,667 $10,667 $11,945 12.0% 12.0% Manassas $13,185 $14,474 $12,624 -4.3% -12.8% Manassas Park $12,626 $12,999 $10,432 -17.4% -19.7% Martinsville $11,221 $12,309 $10,502 -6.4% -14.7% Mathews $10,224 $10,805 $10,824 5.9% 0.2% Mecklenburg $9,981 $10,801 $9,156 -8.3% -15.2% Middlesex $10,817 $11,146 $10,056 -7.0% -9.8% Montgomery $10,780 $11,625 $9,985 -7.4% -14.1% Nelson $11,922 $13,102 $12,590 5.6% -3.9% New Kent $9,962 $10,656 $9,195 -7.7% -13.7% Newport News $10,933 $12,173 $10,157 -7.1% -16.6% Norfolk $11,555 $12,175 $10,125 -12.4% -16.8% Northampton $12,415 $13,152 $12,109 -2.5% -7.9% Northumberland $11,163 $11,910 $10,853 -2.8% -8.9% Norton $10,320 $10,771 $9,231 -10.6% -14.3% Nottoway $11,092 $11,031 $9,106 -17.9% -17.5% Orange` Page $10,063 $11,338 $9,500 -5.6% -16.2% Patrick $9,960 $10,828 $8,999 -9.6% -16.9% Petersburg $11,431 $12,383 $10,365 -9.3% -16.3% Pittsylvania $9,544 $10,311 $8,715 -8.7% -15.5% Poquoson $9,270 $10,191 $9,492 2.4% -6.9% Portsmouth $11,145 $12,031 $9,837 -11.7% -18.2% Powhatan $10,626 $11,277 $10,106 -4.9% -10.4% Prince Edward $11,044 $12,264 $10,822 -2.0% -11.8% Prince George $9,818 $10,806 $9,244 -5.8% -14.5% Prince William $11,522 $11,826 $10,393 -9.8% -12.1% Pulaski $10,390 $10,809 $9,948 -4.3% -8.0% Radford $10,361 $10,931 $9,370 -9.6% -14.3% Rappahannock $12,360 $13,344 $13,704 10.9% 2.7% Richmond City $10,408 $11,634 $10,973 5.4% -5.7% Richmond County $15,569 $15,004 $12,036 -22.7% -19.8% Roanoke City $10,569 $10,937 $9,661 -8.6% -11.7% Roanoke County $12,534 $13,004 $11,593 -7.5% -10.9% Rockbridge $12,073 $12,041 $10,910 -9.6% -9.4% 77 Appendixes % change % change Division FY 2005 FY 2009 FY 2014 (FY 05-14) (FY 09-14) Rockingham $10,826 $11,096 $10,007 -7.6% -9.8% Salem $10,764 $11,390 $10,820 0.5% -5.0% Suffolk $10,273 $11,392 $9,257 -9.9% -18.7% Shenandoah $10,978 $11,414 $9,703 -11.6% -15.0% Smyth $9,882 $10,803 $9,462 -4.3% -12.4% Southampton $11,092 $11,828 $9,858 -11.1% -16.7% Spotsylvania $10,280 $10,844 $9,922 -3.5% -8.5% Stafford $9,705 $10,568 $9,854 1.5% -6.8% Staunton $11,707 $12,595 $10,092 -13.8% -19.9% Suffolk $10,273 $11,392 $9,257 -9.9% -18.7% Surry $15,329 $17,876 $16,020 4.5% -10.4% Sussex $15,594 $17,801 $16,856 8.1% -5.3% Virginia Beach $11,047 $12,177 $10,729 -2.9% -11.9% Warren $9,443 $9,995 $9,590 1.6% -4.1% Washington $10,064 $10,546 $9,878 -1.8% -6.3% Waynesboro $11,304 $11,152 $9,806 -13.3% -12.1% West Point -- $13,270 $11,049 -- -16.7% Westmoreland $10,909 $11,566 $10,467 -4.1% -9.5% Williamsburg -James City -- $12,748 $10,722 -- -15.9% Winchester $13,456 $13,733 $12,067 -10.3% -12.1% Wise $10,441 $11,297 $9,315 -10.8% -17.5% Wythe $10,150 $10,496 $9,341 -8.0% -11.0% York $10,234 $10,765 $9,876 -3.5% -8.3% Source: JLARC staff analysis of data from the Virginia Department of Education. Note: Inflation-adjusted to 2014 dollars. Uses operations spending as defined by VDOE for the Superintendents Annual Report for Vir- ginia. Does not include non -regular day school programs, debt service, or capital outlay additions. In some cases, data for Colonial Beach, Greensville, West Point, and Williamsburg -James City were excluded due to changes in how data was reported. 78 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 _ AGENDA R, 114Y Meeting Date: November 16, 2016 Item Number: 14.A. Subiect: Resolution Recognizing Mr. Joseph Scott Combs Upon Attaining the Rank of Eagle Scout County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution. Summary of Information: Staff has received a request for the Board to adopt a resolution recognizing Mr. Joseph Scott Combs, Troop 2860, sponsored by Woodlake United Methodist Church, upon attaining the rank of Eagle Scout. Mr. Combs is a resident of the Matoaca District. He will be present at the meeting, accompanied by members of his family, to accept the resolution. Preparer: Janice Blakley Attachments: ® Yes Title: Clerk to the Board ❑ No RECOGNIZING MR. JOSEPH SCOTT COMBS UPON ATTAINING THE RANK OF EAGLE SCOUT WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law, Mr. Joseph Scott Combs, Troop 2860, sponsored by Woodlake United Methodist Church, has accomplished those high standards of commitment and has reached the long -sought goal of Eagle Scout, which is received by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Joe has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 16th day of November 2016, publicly recognizes Mr. Joseph Scott Combs, extends congratulations on his attainment of Eagle Scout, and acknowledges the good fortune of the county to have such an outstanding young man as its citizen. November 16, 2016 Speakers List Evening Session #1 (Following Presentation of Resolutions) 1. Dominic Carter 2. Nicholas Briley 3. Mike Harton 4. Cloud Ramirez 5. Jane Dowrick Evening Session #2 (End of the Evening Agenda) .:►ti��.�R�ll�J1�C:�r 3. EJ 5. Do tvt N I i C ccLr-i er �aq� ()Lt4- DOO Rapid Transit The below is the text of a talk given by The Reverend Ben Campbell at Eyes on Richmond, on October 21st, 2016 In metropolitan Richmond today there are two massive artifacts of the Confederacy, which still need to be completely dismantled. • They are far more prominent than the Confederate Battle Flag that was flying over the statehouse in South Carolina. • They are far more extensive than the Great Promenade of Confederate heroes we call Monument Avenue. • They are extremely damaging—in the horrible, hidden, destructive tradition of the long - buried but just -now -being -excavated Shockoe Valley Slave Market. These artifacts do not have names that identify them with the Confederacy. They bear no racial titles. They also are hidden from many of our citizens. But they were put in place on purpose when racial segregation was the single most important criterion used to evaluate every system, every funding mechanism, every state expenditure, and every piece of legislation in this Commonwealth of Virginia. They were put in place in the three decades from 1945 to 1977—when Virginia's General Assembly and the four major governments of metropolitan Richmond were completely obsessed by race. Today, they are unworthy of this community. If we were to remove these artifacts today, we would prosper majestically in a way that would make all of our ancestors proud, both white and black. Metropolitan Richmond would become a beacon of inter -racial hope to the world. Next week you will hear from Dr. Genevieve Siegel -Hawley about one of these destructive artifacts of Virginia's last period of aggressive segregation: the Richmond Public School system. The system was deliberately segregated by the state 45 years ago, and has been under -resourced and mercilessly attacked ever since. Today I'm going to talk about the second great artifact of the Confederacy in metropolitan Richmond: our public transportation system. Once the envy of the world—Richmond had the world's first electric streetcar system, in 1888—our full-service public transportation system is now confined to 5% of the territory of this metropolitan city and was designed to perpetuate racial segregation. The great death throes of the Confederacy lasted in Virginia and Richmond for more than a century—from the time that Richmond burned up until the early 1970's. Like the Union troops in blue who came into the city in April, 1865, Federal courts came in the 1950's and `60's to overthrow our system of racial segregation in situation after situation—schools, parks, public assembly, voting, employment, housing. But the segregationist Virginia General Assembly fought a pitched battle—a disgusting "holy war"—against the Federal invaders. Our legislative leaders were willing to cripple our own community rather than recognize that we were being saved from our own idiocy. As it had so many times through the centuries, our General Assembly looked desperately for new ways to maintain racial segregation, and it hit upon Virginia's unique independent city system. Racial segregation could be maintained, the legislators believed, by ending annexation, hardening the jurisdictional boundaries of center cities, and applying segregation to two key areas: school districts and public transportation. Here in Richmond, the new laws were very effective. Within a decade, the public schools were almost completely segregated again—not only by race but by income. In transportation, the effect was dramatic. Segregation by mode of transportation replaced the law requiring people to sit at the back of the bus. The new policy was backed up by massive capital expenditures and built into state and county budgets: state and county budgets provided dedicated taxes and enormous expenditures for roads but little or nothing for public transport. Up until the 1950's, Richmond had an excellent public transportation system. But now the white suburbs had expressways. And the center city folk had the buses, which stopped at the city line, unable to cross to where the new jobs and stores were fleeing and the new subdivisions and schools were being built. Between 1980 and 2000 the State and Federal governments spent $1.1 billion in public money to build a circumferential highway around metropolitan Richmond, capitalizing economic development for the counties and allowing complete bypassing of the center city. But still, the state did not extend—or require the extension of—public transportation across the county lines. We built eight -lane roads with no streetcar, no bus rapid transit, not even a bus. If you had a car, you could live in the counties. If you didn't you had to live in the central city. The result: 50 years after the General Assembly's actions, so far as we can determine, metropolitan Richmond is the only city of 1 million or more people in the world that does not have full-service public transportation along its major arteries. Today, 90% of our jobs are inaccessible by public transportation. All of our major community colleges—which were promoted in the General Assembly as places to enable people to train for their first job—are inaccessible by public transportation. Our three major universities can only be reached on the bus by people in the central city. Neither our airport nor our train service is accessible by public transportation. As everyone knows, the new "town centers" and retail malls are not accessible except by private automobile. Nowhere else in the world... I know it's not nice to talk about racial segregation in metropolitan Richmond. We're ashamed of it and it starts fights to talk about it. It's a bummer. This talk is really in bad taste. But believe it or not, I'm not telling this story to make anybody feel guilty or angry. I just want to excavate the heavy artifact and get us moving. I'm saying this because I don't think most of the people in metropolitan Richmond really believe in racial segregation anymore. I'm saying this because I think we're sitting in the middle of a mess we no longer want or need to preserve. I'm saying this because metropolitan Richmond is a single step away from an explosion of culture and economy which can be brought about by the simple act of running four major bus rapid transit lines down the four major highways: • From Short Pump down Broad and Main Streets up Fulton Hill to the Airport—Routes 250 and 60; • From Westchester Commons on Route 288 down Midlothian Turnpike, Route 60, to the Capitol; • From Ashland to Petersburg—Route l; and • From Woodlake to Mechanicsville—Route 360. It is not rocket science. In no more than five years we can go from having the 8th worst public transportation coverage of America's 100 largest cities to having the 8th best just like that. If we were a single jurisdiction or if the state funded public transportation like it does highways we would have done it 40 years ago. A simple regional system on four highways would immediately make five times as many of our jobs accessible and 60% more several years after. It will inaugurate a period of growth and vitality that will make everyone glad. Everybody wins—in Chesterfield, Henrico, Hanover, and Richmond. It will also be the very first really significant piece of economic cooperation among our four jurisdictions in the half century since the Race Wars of 1970 and 1971. It does not demand any change in our near -sacred jurisdictional lines. The economic investment will return at least tenfold within ten years. It will save from 500 to 1000 life -trajectories a year—at least—for persons who cannot currently reach a place of employment. So why did I start by talking about the Confederacy? Because there is, frankly, no other explanation for the absolute absurdity of our present situation. There is no other reason why, alone among the world's 500 largest cities, metropolitan Richmond, Virginia, has no public transportation. There is no other reason—no reason other than the strange spiritual paralysis that remains from the Confederacy—that we would allow our transportation system in Richmond, Hanover, Henrico, and Chesterfield to be so constipated. We think this is normal! We are like soldiers on the battlefield who haven't heard that the war is over. Our jurisdictions aren't segregated now! Today Chesterfield is 32% non-white. Henrico is more than 40% non-white; and Hanover is 15% non-white. We are poised for great prosperity, but not for long. We are also at increasing risk. We have a window of opportunity. Economically, here's what's happening. Because we don't have good public transportation on our major corridors, development is being driven outside the beltway. Shopping centers continue to be built and retired, moving further and further out. The center of Richmond will be fine, but parts of Chesterfield and even Henrico are beginning to resemble a giant donut of former prosperity. The hole in that donut will be an increasing drag on our economy. The reason is this: 80% of major economic development in America today is happening on 5% of the land in metropolitan cities—along major arteries, where there is public transportation, where there are sidewalks, and bike paths. Walkable centers are where people want to live and to be able to get to and from them by public transportation. The lack of density in our suburban sprawl is economically and socially unsustainable. Even major new employment is hamstrung by our failure. It cost Chesterfield more than $20 million for the state to build Chesterfield a new interchange on Route 295 to attract the Amazon plant. But that plant pays entry-level wages, and there is no way to get there on public transportation. Owning and operating a car costs a worker from one-fourth to one-third of Amazon's entry-level wage. I could go on—having good public transportation is the best way to build a healthy city and a diverse and energetic community. People get accustomed to one another. It is a way to build civic pride and overcome the absurd, self- destructive jurisdictional warfare of our city and counties. It spreads employment and housing. With good public transportation, the economic development in our competing jurisdictions benefits everybody—we become economic partners rather than hidden enemies. So what's out there right now? 1. This past week Jarrett Walker, one of the nation's top transportation consultants, came here and worked with our local partners to design a new, faster, frequent bus service to come into being with the new BRT on Broad Street. Everybody will want to ride it—it will be frequent and convenient for everybody currently riding it and many who aren't. It's called the Richmond Transit Network Plan and will be out for our evaluation in January. Once approved, it will begin implementation a year from now. Here in Richmond City we will have an excellent public transportation system. 2. Within several weeks, the Virginia Department of Rail and Public Transportation will come out with a Vision Plan for regional Public Transportation in Metropolitan Richmond. This plan will almost certainly call for bus rapid transit or rapid, frequent service along the four major arteries of metropolitan Richmond, tying us together within the beltway and from Ashland to Petersburg. It's a professional product and will be there for us to implement. 3. In November, we will get a look at a plan for Transit Oriented Development along the route of the Pulse—with opportunities for development, zoning, lowering of parking requirements, pedestrian life which will help the stretch from Fulton to Willow Lawn become a powerful enhancement to our common life. 4. RVA Rapid Transit and the Metro Clergy for Rapid Transit have a website, Facebook Page, and regular e-mails which will tell you what is going on. But most of all, we are interested in helping people be a part of our action network. So if you would like to be a part of helping this happen—of taking down this artifact of the Confederacy and making us proud to be Virginians in Metropolitan Richmond—please give me your contact information or contact us at RVARapidTransit.org to get on the e- mail list. We'd like to get into the supervisors meetings at Henrico and Chesterfield and tell them we're ready for this. How about a nice spring walk of 2,000 people along Broad Street from Willow Lawn to Short Pump? Or a caravan of bikes down Route 1 South to John Tyler Community College? 5. The General Assembly has passed legislation to empower the RMTA—Richmond Metropolitan Transit Authority—to operate a regional transit system if we want it. And it has enabled Northern Virginia and Hampton Roads to collect 7/10 of a cent of sales tax to support it. That money would build and operate a full 100 -mile BRT system for our region, and it could be operating in five years. Folks, I don't know how to say this, but time is short. I don't know how to communicate the fierce urgency of now. I can tell you about the young people and parents I know who can't get to jobs they have found. I can tell you about the hidden economic time bombs in our suburban sprawl. I can tell you about the young adults who will be leaving metro Richmond because we are a metro city that doesn't have public transportation. But I think what I'd like to say most of all is this: It's time for all of us to stop hanging our head and making excuses for metropolitan Richmond. It's absurd to talk about a "world-class city" that doesn't have public transportation from its airport or train station. It's time to stop pretending that just because we have some multi -racial gatherings we've dismantled the artifacts of racism. We've only done the first part of it. This next piece won't be done by the Federal government—it takes work on our part. Today we are envisioning a city where everyone thrives. We have a story to tell. Let it not be the story of our failure. Let us make the Capital of the Confederacy into the Capital of Reconciliation. That's the one place where we can truly be world-class. That means public education—and it means public transportation. And it means we have to do something about it. Fiercely, urgently. Now! A 90 O S 0) 1. (D 1+ (D 7 O C a O C N C O (D d 0 S h (D 0 0 N O x v 0 O 3 0 (D m 0 C N (D n (D fn �M.. Ai E3 _ n D D D D rlD n [7 3 n Q a. Q• Q- ,+ (D(D �° rD Q' C' a a 3 n r m o r rD O O 0 N O0 fD mf�D fD rDD a - CA Ln fD C :3 (D (D (D C � C r+ O - Q CL - -h N MrD r+ =r fD ' Q � a" rr rr rr � rDD tA ND EA rDD 3' rDD o rh rF r+ f7 N rh << < O fi -i+fD 3 dq GQ oq C O O 0 ,G O f c rt 3 l0 N W Ln O 0 0 1.110 0 0 0 0 N 00 cn w -Ph N 0 0 0 0 0 NOR o w Ln Ili Ln 00 w 0 N Ln Ln m Ln Ln V V o mi'Q 4cw 4z)-) � ctv) d a ,�- 0 o CL 0 0 r+ r+ CL r) C V r A• ' (D r) w ,,^ 1V V rt _. 0 3 D 0 TT O 1 rt 3 ID r+ C7• � un 0 0 D 0 M xr+ .0 = rv�v 0.) ` V / /1 V 1 � V • 0 0 �D tin S n Page 1 of 1 Meeting Date: November 16, 2016 Item Number: W.A. Subiect: Public Hearing Date to Consider Various Changes to the County Charter County Administrator's Comments: County Administrator: Board Action Request The Board is requested to hold a public hearing to consider the proposed charter changes. Summary of Information: Various changes to the county charter are proposed as a legislative request in the County's proposed legislative program for the 2017 General Assembly. Charter changes require a public hearing, followed by an affirmative action of the Board. This item is to hold a public hearing to consider the proposed charter changes. A copy of the proposed changes is attached. Preparer: Louis Lassiter Title: Deputy County Administrator Attachments: ® Yes No # PART I THE CHARTER CHAPTER 1. CHARTER AND BOUNDARIES § 1.1. Charter. The General Assembly hereby charters the County of Chesterfield, a political subdivision of the Commonwealth of Virginia, as a county within the Commonwealth of Virginia and as such shall have perpetual succession and all other powers and responsibilities granted by this charter or general law. § 1.2. Transition to charter form of government. Upon granting of this charter, the County of Chesterfield shall be liable for the bonded indebtedness and current debts and obligations of the County of Chesterfield as such obligations exist immediately preceding existence of the Charter. The County of Chesterfield shall succeed in right and title to all assets, properties, contracts and rights of every nature then possessed by the county, including all money belonging to the county and its books, records, papers and all other things of value. All ordinances, rules, regulations, policies and orders made by the County of Chesterfield, all Special Acts of the General Assembly conferring any authority, powers and privileges upon the County of Chesterfield, in force at the effective date of this charter insofar as they, or any portion thereof are not inconsistent herewith, shall remain in full force and effect until amended or repealed in accordance with the provisions of this charter and general law. The County of Chesterfield shall succeed to all rights and privileges of the former county with respect to laws under which its water supply system and its sewerage and sewage disposal system have been and are being installed, maintained and operated. All the county levies and taxes, both current and delinquent, and all school and other funds held by the Commonwealth to the credit of the County of Chesterfield shall be turned over to the chartered County of Chesterfield. The tax levy and assessments made for the current and ensuing year or years shall stand as the levy and assessment of the county. All contracts entered into by the county for materials or supplies or construction work in force on the date of chartering shall thereby become the contracts of the chartered county. § 1.3. Transition of office holders. Upon granting of the charter the persons holding office as members of the board of supervisors of the county at the moment of the granting of a charter shall become members of and shall constitute the Board of Supervisors of the County of Chesterfield and shall continue to constitute such board until the election and qualification of their successors subject to the following specific requirements and qualifications: As members of the new board of supervisors they shall continue to have and exercise all of the rights, powers, and privileges conferred on such board, and shall be subject to all of the duties, liabilities and restrictions now imposed by law on the government of counties using the nonoptional form of government and as vested in members of the board by the provisions of.this charter. 0423(25):97408.2 Those persons who shall hold office as Commonwealth's attorney, clerk of the circuit court, sheriff, treasurer and commissioner of revenue, immediately preceding granting of a charter, shall by virtue of such chartering become respectively the Commonwealth's attorney, clerk of the circuit court, sheriff, treasurer and commissioner of revenue of the County of Chesterfield, and shall continue to hold office until the expiration of the respective terms for which they were elected or appointed and until their successors have been elected and have qualified. Such officers and their successors shall have and exercise all of the rights, powers and privileges conferred upon them and shall be subject to all of the duties, liabilities and restrictions imposed by law upon such officers of counties of the Commonwealth. § 1.4. Effective date. This charter shall be in effect from January 1, 1988, and thereafter until repealed or amended as provided by law. CHAPTER 2. POWERS OF COUNTY § 2.1. General grant of powers. The powers set forth in title 15.2 of the Code of Virginia, and all other powers which are now or may be conferred upon or delegated to counties under the Constitution and laws of the Commonwealth and all other powers pertinent to the conduct of a county are hereby specifically conferred upon the County of Chesterfield, and no enumeration of particular powers in this charter shall be held to be exclusive but shall be held to be in addition to this general grant of powers. The scope of all powers conferred by this charter shall be liberally interpreted so as to best effectuate the responsibility of the board of supervisors to perform its duty to govern the county. § 2.2. Additional powers. In addition to the powers granted by other sections of this charter and general law, the county shall have the power to raise annually by taxes and assessments as permitted by general law, in the -eo such sums of money as the board shall deem necessary to pay the debts and defray the expenses of the county, in such manner as the board shall deem expedient. In addition to, but not as a limitation upon this general grant of power the county shall have power to levy and collect ad valorem taxes on real estate and tangible personal property and machinery and tools; to levy and collect taxes on hotel and motel rooms; to levy and collect business taxes, local general retail sales and use tax as provided by law; unless prohibited by general law to require licenses, prohibit the conduct of any business, profession, vocation or calling without such a license, require taxes to be paid on such licenses in respect of all businesses, professions, vocations and callings which cannot, in the opinion of the board be reached by the ad valorem system; to franchise any business or calling so as to protect the public interest; and to require licenses of all owners of vehicles of all kinds. In addition to the other powers conferred by law, the County of Chesterfield shall have the power to impose, levy and collect, in such manner as its board may deem expedient, a consumer tax upon the amount paid for the use of water, gas, electricity, te,cak�l� televisiencommunications services, and any other public utility service within the county or upon 0423(25):97408.2 2 the amount paid for any one or more of such public utility services, subject to provisions of general law and may provide that such tax shall be added to and collected with bills rendered consumers and subscribers for such services. The county may establish and collect such fees as the board of supervisors may deem reasonable for the rendering of special services. § 2.3. Acquisition of real estate. In addition to the powers granted by other sections of this charter the county may acquire property within or without its boundaries for any of its facilities or functions, in fee simple or lesser interest or estate, by purchase, gift, devise, lease, or eminent domain for property within the county, and may sell, lease, hold, manage, and control such property as the county's interest may require. No judicial process need precede the exercise of these powers except for acquisition of property by eminent domain. § 2.4. Special districts. The county, in addition to any other authority provided by law, may by ordinance create special districts or areas within the county if those areas desire additional or more complete governmental services than are desired in the county as a whole. The board of supervisors shall have the power to levy a higher tax in such areas, and the proceeds therefrom shall be so segregated as to enable the same to be expended in the areas in which raised. § 2.5. Abandonment of road. The governing body of the county on its own motion may cause any section of the secondary system of highways deemed by it to be no longer necessary for the uses of the secondary system of highways to be abandoned altogether as a public road by complying substantially with the procedure provided for in § 33.1-1-5133.2-909 of the Code of Virginia including notice of intention to abandon any such road by publication in two (2) or more issues of some newspaper having general circulation in the county. Such notice shall specify the time and place of the hearing at which persons affected may appear and present their view, which shall not be less than six (6) days nor more than twenty-one (21) days after the second newspaper advertisement. A finding by the governing body, after a public hearing, that a section of the secondary system of highways is no longer necessary for the uses of the secondary system may be made if the following conditions exist: 1. The road is located within a residence district as the latter is defined in § 46.2-100 of the Code of Virginia; 2. Continued operation of the section of road in question constitutes a threat to the public safety and welfare; and 3. Alternate routes for use after abandonment of the road are readily available. Any order of abandonment issued in compliance with this section shall give rise in subsequent proceedings, if any, to a presumption of adequate justification for the abandonment. 0423(25):97408.2 3 Appeals from any order of abandonment may be made as provided for in § 33.1 15233.2-910 et seq. of the Code of Virginia. CHAPTER 3. BOARD OF SUPERVISORS § 3.1. Composition and election. The County of Chesterfield shall be divided into five (5) magisterial districts, which shall comprise the five (5) magisterial districts of the County of Chesterfield as existing immediately preceding the effective date of this charter and shall be known as the Districts of Bermuda, Clover Hill, Dale, Matoaca and Midlothian. The county board shall consist of five (5) members and shall be elected one (1) from each district. Such board members shall qualify and be elected as provided by general law for members of county boards of supervisors. The board may redistrict or change the number, form of the membership or manner of electing board members in accordance with general law without the necessity of amending the charter. Vacancies in the office of supervisor, from whatever cause, shall be filled within sixty (60) days by an interim appointment by a majority vote of the remaining members of the board; provided that, so long as any supervisor is elected from a magisterial district, such vacancy shall be filled by a qualified voter residing in the same magisterial district. If a vacancy is not filled by the board within sixty (60) days as provided herein, the vacancy shall be filled in accordance with general law. In either event the person so appointed shall serve until the vacancy is filled by an elected member in accordance with general law. Members of the board of supervisors shall act in accordance with the Virginia State and Local Government Comprehensive Conflict of Interests Act, as now written or as amended. § 3.2. Compensation. The board members shall receive as compensation for their services such amounts as the board may determine, provided that no salary increase approved by the board shall be effective during the term of such board. The salary in effect upon chartering shall remain in effect until changed by the board. No member of the board shall be appointed to any paid office under the county government during the term for which elected and for one (1) year thereafter. In addition to a salary, members of the board may receive reimbursement for reasonable expenses incurred in the conduct of county business. § 3.3. Presiding officer. The board at its first meeting and annually thereafter, unless otherwise provided by the board, shall elect one (1) of its members, who shall have the title of chairman and shall preside at meetings of the board and shall be recognized as head of the county government for all official ceremonial purposes. The chairman shall be selected as the person best able to lead the board in its responsibility to act collectively on behalf of the county as a whole. The board shall elect a new chairman when a vacancy occurs in that office. The board shall also elect a vice-chairman who shall act as chairman during the absence or disability of the chairman. The chairman shall have the same powers and duties as other members of the board and shall have a vote but no power of veto. 0423(25):97408.2 4 § 3.4. Procedural powers. The board shall have the power, subject to the provisions of this charter, to adopt its own rules of procedure and other guidelines controlling the actions of its members. Such rules shall provide for the time and place of holding regular meetings of the board which shall be not less frequently than once a month. The procedure for calling special meetings shall be as provided by general law in the Code of Virginia. A majority of the board shall constitute a quorum for the transaction of business. The board collectively has the power to censure or otherwise discipline its members, excluding removal from office, for failure to comply with its rules of procedure or guidelines. No member shall be excused from voting except on matters involving the consideration of his own official conduct or where his financial or personal interests are involved. § 3.5. Powers. The board of supervisors shall be the policy determining body of the county and shall be vested with all rights and powers conferred on governing bodies by general law not inconsistent with this chapter. All powers vested in the county by this charter, and to counties generally by the Code of Virginia, shall be exercised by the board collectively except as otherwise provided in this charter, or in the Constitution of Virginia. In addition to the foregoing, the board shall have the following powers: a. To control and manage the fiscal affairs of the county and all property, real and personal, belonging to the county. b. To provide revenue for the county and appropriate the revenue for expenses, also to provide the annual assessments of taxable persons and property in the county, and it may adopt such ordinances, orders and bylaws relating to the powers of this charter as it shall deem proper and necessary. C. To adopt such ordinances, bylaws, orders and regulations as it may deem desirable to carry out the following powers which are hereby vested in them: (1) To provide for the preservation of the general health of the inhabitants of the county. (2) To provide and regulate county -owned or county -operated hospitals or nursing homes within the county limits. (3) To require and compel the abatement and removal of all nuisances within the county, at the expense of the person or persons causing the nuisance, or the occupant or owner of the ground where the nuisance may be. (4) To preserve public peace and good order; to prevent and quell riots, disturbances, disorderly assemblages, environmental hazards and shortages; and the board shall also have the power to adopt such additional ordinances as it may deem necessary for the general welfare of the county. 0423(25):97408.2 5 � d. To create, alter or abolish departments, bureaus, divisions, offices or agencies except where such bureaus, divisions, offices or agencies are specifically defined by this charter or general law. e. To create, alter and abolish commissions and advisory boards to assist the county in accomplishing its statutory responsibilities except where such commissions and advisory boards are specifically defined by this charter or general law. f. To provide for the number, title, qualifications, powers, duties, classification and compensation for all officers and employees of the county. g. To provide for the form of oaths who shall administer oaths and the amount and condition of surety bonds to be required of certain officers and employees of the county. h. To make such investigation relating to the financial affairs and internal operations of the county government as they may deem necessary. i. As a collective body, to make appointments to boards, commissions and other bodies as provided by law or board action provided that all such appointments shall serve as county -wide appointments and make decisions reflective of general county needs rather than magisterial district needs. j. To cause to be abandoned as a public road, a street or section of a street within a recorded subdivision upon a finding by the board that (i) continued operation of the street or section constitutes a threat to the public safety and welfare and (ii) alternate transportation routes will be readily available after abandonment of such street or section. Nothing contained herein shall be construed to deprive the board of supervisors or county of any of the powers conferred upon them, either by general or special laws of the Commonwealth of Virginia, except insofar as the same may be inconsistent with the provisions of this charter. § 3.6. County clerk. The board may appoint a county clerk who shall serve at the pleasure of the board. He shall be clerk of the board and custodian of the corporate seal of the county and he shall have such other public duties as prescribed by general law or as the board may prescribe. The clerk shall in addition: (1) Record in a book to be provided for that purpose all of the proceedings of the board. (2) Make regular entries of all the board's resolutions and decisions on all questions concerning the raising of money. (3) Record the vote of each board member on any question submitted to the board if required by any member present. 0423(25):97408.2 6 , �� = 9 (4) Preserve and file all accounts and papers acted upon by the board with its action thereon. If the board chooses not to appoint a county clerk, such duties and responsibilities shall be performed by the county administrator. CHAPTER 4. COUNTY ADMINISTRATOR § 4.1. Appointment of county administrator. The board shall appoint a county administrator who shall be the administrative head of the county government responsible for the proper administration of the government as reflected by the legislative and policy directions of the board and by general law. He shall be chosen solely on the basis of his executive and administrative qualifications. He shall serve at the pleasure of the board and shall enforce the laws of the county and, where applicable, the Commonwealth and shall ire -ensure the faithful performance of all administrative duties required by the board. The board may enter into an employment agreement with the county administrator, defining terms of employment. § 4.2. Duties and responsibilities. The county administrator shall have all the responsibility and shall carry out all the duties prescribed by § 15.2-407 of the Code of Virginia, as now and hereafter may be amended and in addition, such other duties and responsibilities as may be established by the board of supervisors. The county administrator shall devote his full time to the work and services of the county under the direction of the board of supervisors to whom he shall be accountable. He need not be a resident of the county at the time of his appointment but must become an actual resident of the county within a time prescribed by the board. Any person, other than a member of the board, holding an elective office may be appointed county administrator but his qualification for office shall not be valid until the expiration of one year from the time he shall resign his elected office. In the case of the absence or disability of the county administrator, the board shall designate a county official to perform the duties of his office. In addition to such responsibilities, it shall be the duty of the county administrator: (1) To execute and enforce all lawful resolutions and orders of the board concerning any department in the county government, and to see that all laws of the Commonwealth required to be enforced through the board are faithfully executed. (2) To make reports to the board in regard to matters of administration, and keep it fully advised as to the financial condition of the county. (3) To appoint qualified officers and employees to head the administrative departments of the county and to dismiss, suspend and discipline, in accordance with duly adopted personnel regulations, all officers and employees in such 0423(25):97408.2 7 A._, departments, except as otherwise specifically provided by law or this charter. Department heads who are appointed by the county administrator shall serve at the pleasure of the county administrator. Deputy county administrators shall be appointed by the county administrator upon the approval of the board of supervisors. The real estate assessor shall be appointed by the county administrator. (4) To designate himself or some other officer or employee to perform the duties of any office or position of the administrative service under his control which is vacant or which lacks administration due to the absence or disability of the incumbent. (5) To recommend to the board appropriate ordinances to carry out the policies of the board. (6) To assign any employee of the county to any department requiring services in accordance with duly adopted personnel regulations. (7) To prescribe such rules and regulations as he deems necessary or expedient for the conduct of administrative departments or agencies subject to his authority, and he shall have the power to revoke, suspend or amend any rule or regulation of any such department or agency, promulgated by any officer or employee subject to his control, so long as such rules or regulations are not promulgated by the board of supervisors. (8) To investigate and examine or inquire into the affairs or operation of any department, division, office or agency of the county. (9) To attend and address the board at any meeting thereof. (10) May direct any department, division or agency of the county to perform work for any other department, division or agency and may, subject to his retention of general supervision and control, delegate any powers and duties conferred upon him by this charter to any other officer or employee who is subject to his supervision. In addition to the foregoing enumerated duties and responsibilities, the county administrator shall have all other duties and responsibilities imposed upon or granted to him by other provisions of this charter or conferred upon him by the board of supervisors. CHAPTER 5. BUDGET AND ACCOUNTING § 5.1. Fiscal year. The fiscal year of the county shall begin on the first day of July of each year and shall also constitute the budget and accounting year. Except as provided for in this charter, the provisions of title 15.2 of the Code of Virginia shall control the preparation, consideration, adoption and execution of the budget of the county. 0423(25):97408.2 8 r=. § 5.2. Submission of budget and budget message. The county administrator shall submit to the board a recommended operating and capital improvement budget and a budget message by March 15th of each year. The budget message shall contain the recommendation of the county administrator concerning the fiscal policy of the county, a description of the important features of the budget, a five-year capital budget, a three-year projection for revenues and expenditures and an explanation of all significant changes in the budget as to estimated receipts and recommended expenditures as compared with the current and last preceding fiscal years. No later than March 1 st of each year, the superintendent of schools shall submit to the county administrator his estimate of projected revenues and expenditures for the next fiscal year in a form requested by the county administrator as well as a five-year capital improvements program. By January 1st of each year the director of social services, the director of mental health support services and mental --e*^Z, the extension agent, the circuit court and district court and the constitutional officers shall submit to the county administrator their estimates of projected revenues and expenditures for the next fiscal year in a form requested by the county administrator. § 5.3. Introduction of appropriation resolution. At the same time that he submits the budget, the county administrator shall recommend to the board an appropriation resolution and any ordinances recommending new taxes or altering the rate of any existing tax necessary to balance the budget. § 5.4. Adoption of budget. After the public hearing as required by law the board may make such changes in the budget as it may determine, except that no item of expenditure for debt service shall be reduced or omitted below what the county is obligated to pay. The operating budget and capital improvements budget shall be adopted by resolution by the vote of at least a majority of all members of the board not later than May 1 st of each year. Appropriations in addition to those contained in the general appropriation ordinance may be made by the board only if there is available in the general fund an unencumbered and unappropriated sum sufficient to meet such appropriations. § 5.5. Borrowing. The board of supervisors may incur indebtedness by issuing bonds, notes or other obligations for the purposes, in the manner and to the extent provided for by the Constitution of Virginia and the Code of Virginia. The term indebtedness shall not include contractual obligations of the county, lease/purchase agreements subject to annual appropriations and revenue bonds payable solely from revenue producing properties or activities. Ml ER 0 1*111Y11W.3 Our I lei RJ 9 HOW § 6.1. Creation of 'Departments and divisions. 0423(25):97408.2 9 ' 4-' The departments and divisions of the county in existence on July 1, 2017 shall remain in existence unless chanced in accordance with this charter. The board of super-visefs county administrator, in consultation with the board of supervisors, may create,, new ae,,,,,. Amts eF divisions er combine, or abolish existing departments or divisions, ate—distribute the functions thereof, erand establish temporary departments or divisions for special work, provided, however, that neither the county administrator nor the board shall have the power to abolish, transfer or combine the functions of the constitutional officers; or public school -functions ^r the dee ,.,meats ereated by this seer e § 6.2. Responsibilities of department heads. There shall be a director at the head of each department. The director of each aa, mist,,,,.. department, except the constitutional officers and the county attorney, shall be appointed by the county administrator ,,,..o advising and inf ,.ming in consultation with the board in advance of such proposed appointment and sueh appeintmei:A shall be subjeet to board vete in aeeei:da-nee with this ehai4er. Such directors shall serve in accordance with applicable personnel policies and may be removed by the county administrator upon advising and informing the board in advance of such decisions. The director of each department shall be chosen on the basis of his executive and administrative ability, experience and education. The s"er-rote dent of seheals, th' director of social services; and the director of mental health support servicesand manta' ,.etafa.,+;,.,,, the dire to f of the i ealt,, ,aepaf+,.,.,e„+ shall be appointed in accordance with this charter. § 6.3. Responsibility of department directors to the board and county administrator. The directors of each „d,,. mist,.., department, except the constitutional officers and those departments not appointed by the county administrator or board of supervisors, shall be responsible to the county administrator and board for the administration of their respective departments and their advice may be required by the board on all matters affecting their 0423(25):97408.2 10 _�'` departments. They shall make reports and recommendations concerning their departments, but unless specifically requested, such reports and recommendations shall be made by the county administrator under such rules as the board may prescribe. § 6.4. Personnel rules and regulations. Personnel system shall be established by the board of supervisors for county administrative officials and employees. Such a system shall be based on merit and professional ability without regard to race, national origin, religion, sex or political affiliation. The personnel system shall include a classification plan for service, a staff development plan, a uniform pay plan and a procedure for resolving grievances for employees of the county as provided by general law. Employees of constitutional officers and other agencies may participate in the personnel system at the discretion of the board and upon the concurrence of the constitutional officer. § 6.5. County attorney. The county attorney shall be the chief civil legal advisor of the board, the county administrator and of all departments, boards, commissions and agencies of the county in all matters affecting the interests of the county and shall represent such departments and its employees in all civil litigation arising out of the provision of services. In addition to the duties of the county attorney provided by general law, the county attorney shall perform such other appropriate responsibilities as are assigned to him by the board. The county attorney shall be appointed by the board, shall serve at its pleasure, and his compensation shall be fixed by the board. He shall devote his full time and attention to the work and services of the county and the board may authorize the employment of assistant county attorneys as needed. § 6.6. Department of budget and managementgReserved. The +y +,.ease er- � •a the—dir-ef z iz�E6iznc� crca�ccrc�tlii—E:@i�33iisj'pit=rizc�v�re�L@i3ii�mc�. ...... m ...... ZMA ------------------- MR 0423(25):97408.2 11' OUR ------------------- MR 0423(25):97408.2 11' § 6.7. Department of police. The police department shall be composed of a chief of police and such officers, patrolmen and other employees as the board of supervisors may determine. The powers and duties set forth in § f 15.2-1704 and 15.2 174-0 of the Code of Virginia shall apply to the police force. The chief of police shall be responsible for the immediate direction and control of the department. The chief shall solely, within his discretion and subject to the other provisions herein, select, employ, promote, and terminate such officers, patrolmen and employees. He shall also select, employ, promote, and terminate the animal warden and his deputies, provided that all other provisions of § 3.' ''�04 3.2-6555 of the Code of Virginia remain in effect. The chief may adopt rules and regulations for the police department in the same manner as rules and regulations are adopted for other departments. The chief of police shall be appointed by the county administrator upon the approval of the board of supervisors. The chief of police may only be dismissed with approval of the board of supervisors. § 6.8. Depa Reserved. 0423(25):97408.2 12 W , M- a- 111111101. MENOMONIE=, § 6.7. Department of police. The police department shall be composed of a chief of police and such officers, patrolmen and other employees as the board of supervisors may determine. The powers and duties set forth in § f 15.2-1704 and 15.2 174-0 of the Code of Virginia shall apply to the police force. The chief of police shall be responsible for the immediate direction and control of the department. The chief shall solely, within his discretion and subject to the other provisions herein, select, employ, promote, and terminate such officers, patrolmen and employees. He shall also select, employ, promote, and terminate the animal warden and his deputies, provided that all other provisions of § 3.' ''�04 3.2-6555 of the Code of Virginia remain in effect. The chief may adopt rules and regulations for the police department in the same manner as rules and regulations are adopted for other departments. The chief of police shall be appointed by the county administrator upon the approval of the board of supervisors. The chief of police may only be dismissed with approval of the board of supervisors. § 6.8. Depa Reserved. 0423(25):97408.2 12 W , § 6.9. Department of social services. The department of social services shall consist of the director of social services, a social services board, and such other officers and employees organized in such manner as may be provided by the director. The department shall be responsible for the duties imposed by the laws of the Commonwealth of Virginia relating to public assistance and relief of the poor and such other powers and duties as may be assigned by the board of supervisors or the social services board. The director of social services shall be appointed by the social services board and he shall have general management and control of the department. The director shall in all ways cooperate with the county administrator so that the provision of social services is fairly coordinated with the provision of other governmental services. The social services board shall consist of members appointed in the same fashion as existed prior to the adoption of a charter or modified in accordance with general law. The social services board shall have such authority as is vested in it by general law and may adopt necessary rules and regulations not in conflict with this charter or general law concerning such department. The social services board and the board of supervisors shall meet jointly at least annually for the purpose of discussing common issues and methods of providing the most efficient services to the public. In addition, at least annually prior to January 1 st, the director shall meet with the county administrator to discuss program plans and budgetary needs for the next fiscal year. § 6.10. Department of mental health support servicesand mental retardation. The department of mental health support services and menta' r -et ,-dat o shall consist of the director of mental health support servicesan menta' retar- atior, a community services board, and such officers and employees organized in such manner as may be provided by the director. The department shall be responsible for the duties imposed by the laws of the Commonwealth of Virginia relating to mental health and mental retardation and such other powers and duties as may be assigned by the board of supervisors or the community services board. The director of mental health support servicesand mental feta,.datiei shall be appointed by the community services board and he shall have general management and control of the department. The director shall in all ways cooperate with the county administrator so that the provision of mental health and mental retardation services is fairly coordinated with the provision of other governmental services. The community services board shall consist of members appointed in the same fashion as existed prior to the adoption of a charter. The community services board shall have such authority as is vested in it by general law and may adopt necessary rules and regulations not in conflict with this charter or general law concerning such department. The community services board and the board of supervisors shall meet jointly at least annually for the purpose of discussing common issues and methods of providing the most efficient services to the public. In addition, at least annually prior to January 1 st, the director shall meet with the county administrator to discuss program plans and budgetary needs for the next fiscal year. 0423(25):97408.2 13 `' �' § 6.11. Department of health. The department of health shall perform such responsibilities as are placed on leea47-health departments by the general laws of the Commonwealth and shall be responsible for the protection of the public health as existed prior to the adoption of a charter. The dir-eeter- of heals shall be appek4ed ftem a list ef eligible appeintees in aeeei4anee with gene Jaw aftkr_ eensultation withthe board of s rpei=visefs. The management of the department shall be the responsibility of the director of health who shall coordinate the provision of services with the county administrator. The director shall appoint and remove such employees in such a manner as is authorized by the Commonwealth of Virginia and in accordance with established state and county personnel policies. § 6.12. Internal auditor. The internal auditor shall be responsible for providing internal accounting and auditing controls to assure compliance with applicable laws, contractual obligations and accepted accounting practices to safeguard against loss or inefficiency. Such internal auditor shall have access to all eeuu43—records or documents of the county and the school board of the county subject to applicable law. § 6.13. Department of economic development. The department of economic development shall consist of a director and such officers and employees organized in such a manner as may be provided by the county administrator. The department shall be responsible for administering a comprehensive economic development program which focuses on attracting new businesses to the county and expanding existing businesses. In addition to these duties, the department shall perform such other responsibilities as may be assigned by the county administrator or board of supervisors. CHAPTER 7. PLANNING AND ZONING § 7.1. Planning commission. There shall be a county planning commission which shall consist of five (5) members, one (1) from each magisterial district, who shall be appointed and organized as provided by general law. If the size of the board of supervisors is revised, the size and composition of the planning commission shall be changed so that the number of its members shall be consistent with the size of the board of supervisors. § 7.2. Functions of planning commission. The planning commission shall be responsible for making recommendations to the board of supervisors on all phases of county planning, including a master plan, long-range planning, zoning, and subdivision regulations. It shall have the powers and duties provided by general law and such other powers and duties as may be assigned by the board of supervisors. 0423(25):97408.2 14 § 7.3. Board of zoning appeals. There shall be a board of zoning appeals appointed as provided by law and with those powers granted by general law. § 7.4. BDirector of planning department. planning and sueh employees as the beaf of s pefvisers may detem+ine—.The director of planning aef�nshall perform such responsibilities as are imposed by general law and as may be assigned by the planning commission and board of supervisors. The director of planning shall have immediate direction and control of the planning department, shall be appointed by the county administrator and shall serve subject to the same terms and conditions as are applicable to other department heads. In addition to the authority granted to the board of zoning appeals pursuant to § 15.2-2309 of the Code of Virginia, the board of supervisors by ordinance may authorize the director of planning to grant a variance of not more than two (2) feet from any building setback requirement contained in the county's zoning or subdivision ordinance if he finds in writing: (i) that the strict application of the ordinance would produce undue hardship; (ii) that such hardship is not shared generally by other properties in the same zoning district and in the same vicinity; and (iii) that the authorization of such variance will not be of substantial detriment to adjacent property and that the character of the zoning district will not be changed by the granting of the variance. range§ 7.5. Committee on the future of the eountyw equal r-epr-esei#atien from eaeh magisterial dis4iet. The eommiAee shall meet per-iodieally an revisions to fiseal and land use planning, and any other- matter-s eeneemm- approaehes meeting the gevenimen4a! needs of the people of Chester-field in the e. The --n—iftee sshaI4 meet at least annually with the board of s"er-visors and shall pr-epa,-e a writ4efl r-epoI4 detailing with AAdfe needs or problems that are likely to eeeuf in the fulufe. The eommittee shall seek to w4ieipate long b seepe of the i s responsibilities shall not be limited by any etiff en� b oilies of pereeived long range issues f4eing the eourAy. Staff suppoi4 shall be pr-ovided by the planfling beafd of supervisors shall be required to respond in b to all issues, > or- solutions raised in the eammittees annual r pe f § 7.6. Substantial accord review of public facilities. Any public area, facility or use, as defined by § 15.2-2232 of the Code of Virginia, which has been approved by the board of supervisors following a public hearing held pursuant to the county's zoning ordinance shall be exempt from the requirement for submittal to and approval by the county's planning commission or governing body under § 15.2-2232 of the Code of Virginia, 0423(25):97408.2 15 so long as such public area, facility or use remains subject to the requirements of the zoning ordinance. Once a public facility has been determined to be in substantial accord with the county's comprehensive plan or is shown on the public facilities plan, then additional property for such facility may be added without submittal and approval under § 15.2-2232 of the Code of Virginia. In addition, all telecommunications facilities of the nature defined in the count zoning ordinance as "communication small cell" shall be exempt from the requirements for submittal and approval under § 15.2-2232 if the facilities are located within a zoning district where such use is either permitted by right, or permitted with restrictions provided that all such restrictions are satisfied. Property not owned by the county but used by the county pursuant to a rental, lease, or license agreement shall be exempt from the requirements of submittal and qpproval under § 15.2-2232. § 7.7. Transportation improvement districts. The board of supervisors may create transportation improvement districts relating to interstate, primary and secondary roads in commercial or industrial areas, subject to the procedures, conditions and limitations provided in chapter 47 of title 15.2 of the Code of Virginia, to the extent that such procedures, conditions and limitations are not inconsistent with the authority granted by this section. The provisions of §§ 15.2-4526 and 15.2-4533 of the Code of Virginia shall also apply, mutatis mutandis. The petitions required to create or enlarge a district must be signed by fifty-one (51) percent of the owners of land within the proposed district. Each district which may be created shall include only one (1) highway project, and the boundaries of one district may not overlap those of any other district. CHAPTER 8. EDUCATION § 8.1. Appointment of sehool board members. 0423(25):97408.2 16 } fi ^v NYMN9,112MININ 1M111101 I WHIM, M-0111111111 1111i _. 0423(25):97408.2 16 } fi ^v -F9 8AXAM. Election of school board members. Beginning T.,,,uar-., 1, 1996, and eei4inuing �e er-,4The school board of the county shall consist of five (5) members and shall be elected one (1) from each magisterial district. The terms of the members of the school board shall be the same as the members of the board of supervisors and elections of school board members shall be held simultaneously with the election of board of supervisors. If the size of the board of supervisors is revised, the size and composition of the school board shall be changed so that the number of its members shall be consistent with the new size of the board of supervisors. The elected- sehool board shall be eleete,a in the November- 1995 general eleetion. § 8.2. Management of school system. The administration of the public school system shall remain the responsibility of the school board in accordance with the Constitution and general laws of the Commonwealth. The superintendent shall be appointed by a majority vote of the school board members. The superintendent of schools shall be responsible for providing in a timely fashion to the county administrator all financial documents, long-term projections and other materials that the county administrator and the board deem necessary to make appropriate decisions regarding budget and appropriation decisions by the board of supervisors. The County of Chesterfield shall receive state aid for education in the same manner as existed prior to the adoption of the charter. Title to all real property of the school system shall be vested in the County of Chesterfield. CHAPTER 9. MISCELLANEOUS PROVISIONS § 9.1. Immunity from liability. The county and all its officers, employees and agents shall retain all immunities from liability available to counties in the Commonwealth of Virginia. No actions or claims shall be instituted against the county unless the claimant shall have complied with all procedural prerequisites to such actions or claims as are contained in the Constitution and general laws of the Commonwealth. § 9.2. Retention of funding. Unless revised or changed by this charter, the County of Chesterfield shall continue to receive state and federal funds in the same manner as if the County of Chesterfield had no charter. § 9.3. Amendments to charter. This charter may be amended upon approval of any amendments by the Virginia General Assembly in accordance with the Constitution and general law of the Commonwealth. 0423(25):97408.2 17 § 9.4. Severability. Should any part of this charter be declared unconstitutional by a court of competent jurisdiction, such action shall have no effect on the constitutionality or validity of any other part of this charter. § 9.5. Incorporation of statutes in ordinances. Ordinances enacted by the governing body may incorporate into such ordinances by reference statutes related to traffic infractions or misdemeanors involving a motor vehicle which are contained within the following chapters and articles: (i) Chapter 1; Articles 1, 6.1, 8, 9, 11 and 15 of Chapter 3; Articles 1, 2 and 7 through 11 of Chapter 6; Chapter 8; Articles 1 and 3 through 22 of Chapter 10; Chapter 12; Chapter 15; and Chapter 16 of Title 46.2 of the Code of Virginia; (ii) Article 2 (§ 18.2-266 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia; and (iii) Article 9 of Chapter 11 of Title 16.1 of the Code of Virginia upon the effective date of such amendments; such incorporation shall include all future amendments to the incorporated statutes without further legislative action by the governing body unless a contrary intent is stated. Nothing contained in this section shall require the reenactment of ordinances heretofore validly adopted. 0423(25):97408.2 18 Ricbmonb times-315patirb Advertising Affidavit 300 E. Franklin Street Richmond, Virginia 23219 (804) 649-6208 COUNTY OF CHESTERFIELD BOARD OF SUPERVISORS P.O. BOX 40 9901 LORI RD. CHESTERFIELD, VA 23832 Account Number 3005440 Date November 09, 2016 Date Category Description Ad Size Total Cost 11/09/2016 Meetings and Events CHESTERFIELD COUNTY BOARD OF SUPERVISORS MEE] 6 x 21.00 IN 8,835.00 Publisher of the Richmond Times -Dispatch This is to certify that the attached CHESTERFIELD COUNTY BOARD was published by the Richmond Times -Dispatch, Inc. in the City of Richmond, State of Virginia, on the following dates: 11/02,11/09/2016 The First insertion being given ... 11/02/2016 Newspaper reference: 0000420950 Sworn to and subscribed before me this Nota Pu lic Supervisor KIMBERLY B HARRIS NOTARY PUBLIC State of Virginia Commonwealth f Virginia 5653 City of Richmond My Commission Expires Jan 31, 2017 My Commission expires THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU IWZ Take notice Ibet Duauant to §15.2-20201 the 1950, es amentlCard of Sucervis0rs of CbeSalield County, Vifpinia, at an adpurneo meeting on 'Norember 16, 2016, at 6:30 0 m. in the Canty udiP C Ma2tiIp R00m at Ch05f¢rlieltl Aldramebalunn Boiling, th lO antl Lori Road, Che er ield, Vagina will hd0 8 W loC bearing to Consider amending the Chesterfield County Charter to Tire Amendments to the Charter are as follows: PART I THE CHARTER department shot be Cnoach on the basis of his executive NmOinated with he provisrpo of other governmental wo and admmistratwe ability, experience and educotrOn The services. The Community services board shall consist of CHAPTER 2. POWERS OF COUNTY recta Of social services, memo as appointed in the same fashion as existed Drva 000 SOD the direcbr Of mental health Wooal senses 8nd Po Ihe BWptipo of 8 CharW1 The Community Servc¢9 ban" shall revs such outhonry, as is whaed m H by Qeo- § 2.2. Additional powers. Mea shall be appointed b accadaace with Itis charter. mal aw and may apopl necessary MOS and ragulalare In addition to the powers granted by other auto m of 46.3. Responsitoity of dNNkrrartt department m( in conllklwithmrschareragereml law concerning ma Charter and ferrel Ww, the cowry Stell have the tli-ears to the hood end county a laddstretor. sum department. The community sennceS board and Ina power to mise annually by taxes and assssalena as Wr- Thetlireclors Ofeach O:rabmFredeWrlment except baITpf sl,as sOmshal meetpntly at least pnnuely for milled by genehal Mw, kiheSouth such sums Of Mon" me constitutional offers Ond hand departments Out fop. ON phNpc6e of diacUtu ing Cannan Issues and metho05 of as fin board shall deem necessary to Pay tla debt and pOMteO by the County administrator or board 01 Sinew- IRWiN fate most elfcs nt services to the public, In So defray the expenses of the carry, in such manner as the sors, yap be resplxkble tome county adnMi,,rat*r arm dawn, a Wast anaelly prior to Jamazy Ist, the director board shall deem expWant, board IN the adnonera0m of their respecCve depart shall meet with IIIA County administrator In di5a n pro. 000 mems and their amu may be required p We board On gram pans and budgetary needs for the next fiscal year. In Sodium to DN offer powers Common by law, m¢ all mailers aflccting that, WIDNIN encs. They Shall make 16.11. Department of health. County 01 Choslerlldd Shore have the power to impose, repots ane remmm nDalions conceming their Wperh The department o1 health shall perform Such respon - levy antl cokcb M such manner as its board may deem menus, but IUIWss specifically requested, SUM ,"pons bilife$ a6 are placed W f asH eafth departments by fie expedient, a COreumdr ax upon Ise amount paid far tit and recommendations Stell be made by the County ad- general 1346 of the Canmorree beth and shall be respOm OR of wear, gas, electricity, NWpMM,Rule So, mar minislmtor under SuCn,Wes as the board may prescribe. STOW la the protection of the pubic heath as existed prior 'Carybeficatod; throCeeand aM offer public unity can 56.4. Personnel rules and regulations. to the adoption of a charter. iAt9kedlBr-eHN¢Na-61eN vice within the county a upon the amount Deal W any Personnel system shy" be esab 0ed by ihe IoarO We a mine of such panic may SOMMS,s ood 10 pro- of Ste NiW$ IN County mdMWWHMkve-0fl"Cora and v"sions 0lgenmal law and may prpbe that such ax snag employees. Such a System shall be based w meal and 0151 Bene -The maWmenl of the WparMal Shd1 be added to and Collected with bills rendwee conalmen pole5ya01 ability without regard to once, nohwal aim, be the respomidety o1 Ma OiredIX of health who span and suWCraere fa anon Services. the tasty may eslao- relgion, sex or PODS W aft"ration. The cersonrel sysem cacrdilae me Drpsbn 01 servkes with Ibe county ad- liwand cdWct soon Nes as tte Wertl of sucervaas may shell klclude a casakation plan for servke, a staff ore mnisimla. The director stall appoint and remove soon deem reawnable la the nowemi of Spi services. stem,or plan, a uniform pay plan and a procedure fa employeesm such a mama, as is authorized p the Com- 92.S.Abandonment 010retOY�laIN employees cliirealcaccordance with established Voted aI law. Employees onatu�aolices sandcantyMsnbnia andel po es. The gpemilg body of Me County On its awn mollon may and Other arocies may pari Opole rn IN Dersonrel sys 96,12. Internal Sooner. cause all whoa of the secondary system o1 Ngre, s tem at Ina sCrekn d the board and Won the candle- The internal audita shall be respasible IN pro, ang Warned W it e be M bnper recessary Por me uses of Me mace of ton conshfuton J omcer internal accawpog and won! ng contras to assure cord. Secondary system d h=s tObeabandOnedM81 etha a. planta with applicable laws, wniractual 00gahws and asaaNlic mad b/Wmpysepq subeantlalywwtlleprpoe- 56,6, adcepled acoun(rlg VadhCn to"faguard Sit est lass nice prpiWd IOr M § 33:+ASk332�.9d tle Code OIVk a irNflWNnrry. SUCH inlamal auatur Stell taw access to ginka iKteDing auto OlmenlNn b abendwap such road all ¢6unly-recalls a dOcumenis of the county and hN by p"dllpban a two(2)Or more Ws of sane newspaper school board of to coolly SabieCt to Applicaok, law, h�BBVvNsqp gBrerel CMCUNtkn In the County. Such mace SINN CHAPTER 7. PLANNING AND ZONING 600cify VN nine and pace Of fie neem at which persons 000 affected they appear and present Mak vow, which stag ON be less Man am(6)days normae than twomy-ak 121) 47A. la.. days after ma S6aMd rewspal" aavvbwnnL poo peµi9 ReydiserMkraThed68g19[.Wdwnilgaepwt• APOM Rape aH q0a a de OMM may be a" US Dn} Mex! 51611 perform such re5pac5kWlies as are mposeo J 3. W o my cluck. 1Pd sap. dMeCOde olVryNk. by gaeral law antl es may be assired by MN Planning 4 J.6. County clerk. MUMaW and board of supervaas. The Mania of 000 CHAPTER 3. BOARD OF SUPERVISORS 000 TIN board may appoint a County Clear who shall serve a1 ton pleasure of the board. He shall be Clerk of mon board and dustodan of the Corporate Sean Of the County and Ile Shall have suCh outer pudic chase as prescNed by gem' eat W a as the board may Prescribe. The Cloak yes in addition: (1I Record in a back to be provided far that papas¢ as Of IN aaeedings gLthe board (2) Mak regular Mines of ah the boards asdNWns and dec"sracs W at questions comanMg the mamg of money. 000 CHAPTER e. COUNTY ADMINISTRATOR 4 e.1. Appoebnenl of county admimatrata. TOO board shall Sophia county adowisbalawlN yap be IN aulderes"bins he ll of the county 11 0T re� secnaMe la the proper aw nalmtbn d theqovernmeal as refected by Nlegis etrie and policy Coal: 01 It board end bygcrerallax.kyeabedow old 10 bass d he execuMve ab WmMstmtlre palilaet. He Sha) save of fie DWaslsO of the =his yore enface It. awe of be County and, where=his, hN CMegm weer ab sldl geweyputucl ellml pa Loma de of all apareaslretive duties regdred by the Wad. The bunco may mer into an emp bund nt agreement with the county aankustan,, defining arms 0t ahikyment. apo CHAPTER 5. BUDGET AND ACCOUNTING OOO 6 5.2. Submissiota n of budget ono budget message. The county=MistraBARU submit t0 me Prouda recommended operating and Copies lmprovemem tudgeI and a budget Message Oy March 15th o1 each year The budget message man contain the rOacllYllematbll Of IM dumb aanidstraw caexas, the hscal policy OI the COOVI a Description 01 the important features of it* bad I. a fve-Year Capital Dattel, a tNa2-ye:r,= hbn fur mvenues and expenaMes and an Upl fop agnrltWnt Clente6 M the Oudpef ore to estimated /B - carols and recommended excendi Wes secomparod with the current and last preceding Real Years . No later than March 151 of each year, the Superintendent of Schools shall submit t0 the county administrala his estimate of projected rewroes and Upend Wes IN the next I"1W1 year M a form requested by the way adnrnestrabr as W ell M e Hv0 -year CSan kap Maine prOpmm. By January 1st of e0M year the Putor 01 ancial seniles, the director of mems health support si robes sed— IN ote6 a gent, the crmdl Court aro dsincl Court and the C Stih lbna ollkeni snap Submit , e the Coupe acmMrstr8tor their estimates of projected revenbe and expeadtures IN the nout Intal year in 0 form requested by the county aweinalmor. eYHae-eaa/d 000in), WIN be Rope Read by It 5.4. AdOeHal of budget. Aller It* Pas NC bearing as required Oy aw the Ward eexe V a 10 to Thu ON 01 a' Peat MR ei he 8 SP Base may mak suCA Manges in the budget as rl `w`= MO., exce mai m lam of exgendllee la Or 568• Sall be reto M dcet IX called "'hot UScornN Is onfee ==Wft - bought on. The operagnp budget and CeDpa imoroM- men a bLOpt Shall be atlopWamton by Me voled by res of at West a majority 01 all members of the Ward n0l later than May tat of each mar. Appropretwas in adblkn to moss cwaMed M ffe gerera aDproprietiac ordnerce maybe made by the 000th onry f mare S are late M Ma gereml flab an lelemandr led and mappOprlaed San an Indent to breetauch SWvrati0la. he spo led Bid let be 8 "a ad a 4 5.5, Borrowing. The board 0f supeMm may Incur indebWdess by S. 96.9. Depa=t of W0.1 makes. SDirg bacOs, notes a Omer Wtlpalbm ro, MIB W/Doses, The ceWrlmeat 01 Racial SBrvWes shoe Consist of Ihe in the manrer and t0 me exam provide0 fa p tle Cps- «recta 0f social 9erviC81. 0 Spool 60rvke6 board, and sti ation of Vinrdrea and "N Code 0f Vlrginla. The arm such Other of -irs and employees organized in men Indebtedness shins not include conlrachaa Obagadere of reamer esmay be poi by the director The depart - Me County, lease/Wrclaae ell mmena """a annus meat Slee be responsible Ifo the allies Imposed by the approuseliaa and revenue OoeNs payable sourly nom laws of 1. Canmortnealm of vique reefing on Panic, revenue prancing propenie98Lact v t So assisaavan nce and Mae( O1 the pea end such other Ps CIAPTEn S. ADMINISTRATION and dries as may be assigned by the board Of superri- Sas a the soca) sepias 00310. The Director 01 social bn 9 6.1-CressiayMdQeparmt services Well be appointed by the Social ounces board and heshell have Dumb mahoWmenland Cannot of the Named, awartM The daecW Wren in all wave cooaerale with Van at Sm aces, The Sodal services board shall of members appointed in the Same fashion as prior to MIB Saki of a charter Or Mod, Und fan rice wits geneml in, The sial servkes Wm resuch authority, as a vested In it by general lax y;:t necessary Ne$ and YQUIe" a OBI in Wim mus Charter IX Dererd IBw conalmiag SUM em The sacal Serve05 board Bnd IN Ward BI on Mae at jointly at Wast annually for the Our. "Cusyngg conlmm issues am melnas of pm S, moll ellicanlsenices la Ihe pudic. In add (m annually prm to Jamary tat, IN Oibut. wdl inn Ire Carly adninisheta 10 dscuss pop.w uudgeary, needs IN he rest fiscal year, Depannent of mental health g„„men mwrry se 46.2 Rescemibllitiesof*ANH.M dwano,heeds. argon it Thera 81131 be a del W at IN bead of each depart. rector. Th meal. The dleckr d each eeminieNBBvt Woarimenl, ImpOssO except the WaStifuWrel Officers end the cooly all reawg t nay, shoe be appointed by the County administrator apex Such Ofhe the Ward in team 01 eManne 01 mtn Drwwd avuntmBnlbxd SIMA 00 The drec' Soil directors shall serve M aCCadame Caendar, i ComNeblB Der$aMlBlpdiCleBandmayberempetl Dy eralewB me county adorn OI WC upon aW Shp and rnfolmine hN arab won board in adrelrR of SUCK 000iapo6. TM dr¢cbr Oi Bach Of mesal OW CHAPTER 8. EDUCATION IIkfl.nlor.UoOs Wand Wle cxLvtJeffmy L.MYNks CWmy AtW*Ya748-1191,belwknheteas018:30amto5:OOp.m., MaNaythoagh Frlbey. A Cap of Ma pro0i haeratlasalamswfilaa Be CounMAdnwksoeNr's OfliceandBNCadbMe Bmm's Olke(Roan50a)etthelane8RMYAdmwlstrakn Budng,9901 LM Bred, CreagNto. Virginia,btNk ex bon between Me laxed8:308... to 500 p. m, MaNay t1,OAPk'lbey. The Awmgsheol at a Cubic adlrry Oeapned to be a¢esside to Persons wild MM..Mypasnns with queslbm on the aoxssNMy of efadh a read for amnabe xWm OHMS SNdd con Jake Bartley, ClakmtAOBoom,Bi7d8-120Rude lNBdag marprelafOw,far the deal mug ndayHe Clink to IN Boum an war Man Frady NowmBer 11. 2016. panning mall hate knnoaaW direction and control of the . W80010 Department, Sall be appointed by had cowry -Side as wootned By Va administmla arN $hall Serve Subject to fie Same lama and caafbm as are appliCdOb to other department fin addition to file authority grinned to IN Ward of nbuff appeals pursuant to § 15.2.2309 of the Cale of Virginia, the board of supemeors by ordinance may au- IhOrbe Ire director Of Clean to Qrant a rerem of Out more Man Iwo (2) feet Iron am baNlrlg Setback Ro me- menl conarred in IN cowry's zohelg or soodvta0n on drence it be hinds in writing: IO mal de strict appecatbn of the IXdinence would DrWuce undue hBmSAb; (i) Hat SUCK h1r06tlip ls n0151ar8d geNl1IIy W OlheI proportiss We In tle Sarre inning daim(and is the name vainly; and (19) that He u mmadowl of Such variance will Out be of and 0 riblefied by earth ad. 1 eft The "6811061. := SWsanlel Spot at to,=t property and that Iry character d tre mnrng dislrcl will not be changed by the 08 SAIV eMM 99181111 af 91 fee"hol, am ex y yet Me less I'm late 1.15 a Vow granting of the variance, 9 DeperbneN of polio!. The ac hNe of The Imul department sats be Coand poke and SUM Other and Other hmpIntentas account ors may dl a5 He Wartl of rmin r§ IS may d¢lermre. The powers and doles xl eon in 8515.2 -the pone 01 the fore Th Code of Vvpinia ylal apply ro me unite torte, The coal of Poace shoe be respony0e fa the mltedaa d1ec- lon ane coned Of tae department. Tae che15he1, projected rewroes and Upend Wes IN the next I"1W1 year M a form requested by the way adnrnestrabr as W ell M e Hv0 -year CSan kap Maine prOpmm. By January 1st of e0M year the Putor 01 ancial seniles, the director of mems health support si robes sed— IN ote6 a gent, the crmdl Court aro dsincl Court and the C Stih lbna ollkeni snap Submit , e the Coupe acmMrstr8tor their estimates of projected revenbe and expeadtures IN the nout Intal year in 0 form requested by the county aweinalmor. eYHae-eaa/d 000in), WIN be Rope Read by It 5.4. AdOeHal of budget. Aller It* Pas NC bearing as required Oy aw the Ward eexe V a 10 to Thu ON 01 a' Peat MR ei he 8 SP Base may mak suCA Manges in the budget as rl `w`= MO., exce mai m lam of exgendllee la Or 568• Sall be reto M dcet IX called "'hot UScornN Is onfee ==Wft - bought on. The operagnp budget and CeDpa imoroM- men a bLOpt Shall be atlopWamton by Me voled by res of at West a majority 01 all members of the Ward n0l later than May tat of each mar. Appropretwas in adblkn to moss cwaMed M ffe gerera aDproprietiac ordnerce maybe made by the 000th onry f mare S are late M Ma gereml flab an lelemandr led and mappOprlaed San an Indent to breetauch SWvrati0la. he spo led Bid let be 8 "a ad a 4 5.5, Borrowing. The board 0f supeMm may Incur indebWdess by S. 96.9. Depa=t of W0.1 makes. SDirg bacOs, notes a Omer Wtlpalbm ro, MIB W/Doses, The ceWrlmeat 01 Racial SBrvWes shoe Consist of Ihe in the manrer and t0 me exam provide0 fa p tle Cps- «recta 0f social 9erviC81. 0 Spool 60rvke6 board, and sti ation of Vinrdrea and "N Code 0f Vlrginla. The arm such Other of -irs and employees organized in men Indebtedness shins not include conlrachaa Obagadere of reamer esmay be poi by the director The depart - Me County, lease/Wrclaae ell mmena """a annus meat Slee be responsible Ifo the allies Imposed by the approuseliaa and revenue OoeNs payable sourly nom laws of 1. Canmortnealm of vique reefing on Panic, revenue prancing propenie98Lact v t So assisaavan nce and Mae( O1 the pea end such other Ps CIAPTEn S. ADMINISTRATION and dries as may be assigned by the board Of superri- Sas a the soca) sepias 00310. The Director 01 social bn 9 6.1-CressiayMdQeparmt services Well be appointed by the Social ounces board and heshell have Dumb mahoWmenland Cannot of the Named, awartM The daecW Wren in all wave cooaerale with Van at Sm aces, The Sodal services board shall of members appointed in the Same fashion as prior to MIB Saki of a charter Or Mod, Und fan rice wits geneml in, The sial servkes Wm resuch authority, as a vested In it by general lax y;:t necessary Ne$ and YQUIe" a OBI in Wim mus Charter IX Dererd IBw conalmiag SUM em The sacal Serve05 board Bnd IN Ward BI on Mae at jointly at Wast annually for the Our. "Cusyngg conlmm issues am melnas of pm S, moll ellicanlsenices la Ihe pudic. In add (m annually prm to Jamary tat, IN Oibut. wdl inn Ire Carly adninisheta 10 dscuss pop.w uudgeary, needs IN he rest fiscal year, Depannent of mental health g„„men mwrry se 46.2 Rescemibllitiesof*ANH.M dwano,heeds. argon it Thera 81131 be a del W at IN bead of each depart. rector. Th meal. The dleckr d each eeminieNBBvt Woarimenl, ImpOssO except the WaStifuWrel Officers end the cooly all reawg t nay, shoe be appointed by the County administrator apex Such Ofhe the Ward in team 01 eManne 01 mtn Drwwd avuntmBnlbxd SIMA 00 The drec' Soil directors shall serve M aCCadame Caendar, i ComNeblB Der$aMlBlpdiCleBandmayberempetl Dy eralewB me county adorn OI WC upon aW Shp and rnfolmine hN arab won board in adrelrR of SUCK 000iapo6. TM dr¢cbr Oi Bach Of mesal OW CHAPTER 8. EDUCATION IIkfl.nlor.UoOs Wand Wle cxLvtJeffmy L.MYNks CWmy AtW*Ya748-1191,belwknheteas018:30amto5:OOp.m., MaNaythoagh Frlbey. A Cap of Ma pro0i haeratlasalamswfilaa Be CounMAdnwksoeNr's OfliceandBNCadbMe Bmm's Olke(Roan50a)etthelane8RMYAdmwlstrakn Budng,9901 LM Bred, CreagNto. Virginia,btNk ex bon between Me laxed8:308... to 500 p. m, MaNay t1,OAPk'lbey. The Awmgsheol at a Cubic adlrry Oeapned to be a¢esside to Persons wild MM..Mypasnns with queslbm on the aoxssNMy of efadh a read for amnabe xWm OHMS SNdd con Jake Bartley, ClakmtAOBoom,Bi7d8-120Rude lNBdag marprelafOw,far the deal mug ndayHe Clink to IN Boum an war Man Frady NowmBer 11. 2016. V1, Members of the Board of Supervisors, Dr. Casey and community members of Chesterfield County, The Advocatus Diaboli (Latin for Devil's Advocate), was formerly an official position within the Catholic Church; one who "argued against the canonization (sainthood) of a candidate in order to uncover any character flaws or misrepresentation of the evidence favoring canonization. "LJ In common parlance, the term a "devil's advocate" describes someone who, given a certain point of view, takes a position they do not necessarily agree with (or simply an alternative position from the accepted norm), for the sake of debate or to explore the thought further. For the purposes of this discussion I have taken a position of the "devils advocate" I have prepared these remarks in an effort to remain on point. First, words matter in the rule of law. As a law enforcement officer for over 30 years that is an absolute fact. It is my opinion that by removing the proposed language from our charter you are in fact changing the way our county is governed substantially. In section 6.1 of the proposed changes the recommendation is to strike all of the departments listed from the charter. One sentence stands out among all "the department and divisions of the county in existence on July 1, 2017 shall remain in existence unless changed in accordance with this charter." This is significant because in the very next paragraph the proposal is to grant the county administrator in consultation with the board of supervisors the ability to abolish or create existing departments or divisions. Which means the proposed language "the department and divisions of the county in existence on July 1, 2017 shall remain in existence unless changed in accordance with this charter" Is a worthless sentence. The following language change in the very next paragraph grants the authority within the Charter for those departments to be dismantled. Under section 6.2 Responsibilities of Division or Department Heads language is stricken that removes the veto authority from the Board of supervisors. (and such appointment shall be subject to the board veto in accordance with this charter) I am not sure why our elected leaders would not want to have the opportunity to deny such an appointment if they saw fit. The next proposal is to strike the entire section of 6.6 Department of Budget and Management and accounting. This specific language grants the authority and responsibility to the commissioner of revenue and the county treasure in the charter. I am assuming that perhaps the language does not conform to a modern accounting practice and that is why the change is proposed. My fear for the future is the effect will be to phase out two constitutional officers in Chesterfield County. By removing this language and granting all of the authority under the Director of Finance and the County administrator an argument could be made that the other two elected officers are no longer needed and that they can be disposed of. That would require a referendum be advertised and a vote of the majority of citizens to be approved under. 15.2-206 So, although at this time there is not a written proposal to remove these elected officials I fear that these actions will allow perhaps a future board or a future county manager to argue that these positions are no longer needed and should be abolished. Section 6.7 Department of Police: Under this proposed change the authority to hire and fire the chief of police would be removed from the board of supervisors and vested with the County administrator. The proposal removes the language specifically inserted in 1987 that requires cause. Also removed is the hiring process that was specifically developed in my opinion to reduce political maneuvering on the part of the board of supervisor and hold them accountable for their actions. I realize that most other counties, cities and towns in Virginia and across the country for that matter grant that authority to their managers. I have always thought of Chesterfield County as a model form of government that others should try to emulate. By removing this check and balance system you open the door for politics to now dictate what laws are enforced and upon who. Currently the Board has to show cause for dismissal. The Board cannot fire a Chief because of political affiliation or a difference of opinion on how a situation was handled. Under the current charter, if a Chief deserves to be fired then all five of the board of supervisors should vote for their removal not just three. I am not standing here accusing anyone on this board of nefarious intent. I am however bound as a member of this community to bring forward the consequence of action that can happen in the future under a different board and a different county administrator. We have selected two Chiefs under the current process, one from outside and one from within the police department. Both served this community with honor and distinction. I do not see a reason to change this process. I feel with the right panel the best possible selection for a new police Chief in Chesterfield County will take place. I have no idea why you want to strike the language under 6.8 which establishes the role and responsibility of the fire department. One could only surmise that is may be related to the change granting the authority to the county manager to control all of the departments and who they report to. The charter also established a Committee for the future of the County under 7.5. If this language is stricken from the charter then this committee will no longer be required to exist. I find the fact that we are trying to remove from our planning process valuable input from our community members disturbing. There is an old Idiom, "Written in Stone" if something is written in stone or in this case written in our Charter it is permanent and cannot be changed. Well, at least not without the input of the people of the community those changes affect. In summation I cannot support the proposed changes to this charter. As president of the Fraternal Order of Police of Chesterfield County and the Fraternal Order of Police of Virginia I have a responsibility to my members and the citizens of Chesterfield. According to many political pun dents in the most recent presidential election it can be argued that the voters invoked a desire for change and government transparency. These proposed changes are in direct conflict to that premise. Fraternally, Kevin P. Carroll President Fraternal Order of Police of Virginia Charter Reference: § 15.2-100. Charter powers not affected by title. Except when otherwise expressly provided by the words, "Notwithstanding any contrary provision of law, general or special," or words of similar import, the provisions of this title shall not repeal, amend, impair or affect any power, right or privilege conferred on counties, cities and towns by charter. § 15.2-1103. Charter provisions not affected; conflict between chapter and charter. A municipal corporation, in addition to the powers granted by § 15.2-1102, shall have all the powers granted to it in its charter; and nothing contained in this article shall be construed to in anywise repeal, amend, impair or affect any provision of any existing charter or of any charter hereafter granted to a municipal corporation or any provision of any other applicable law, unless such amendment or repeal so provides. Whenever there appears to be a conflict between any provision of this article, or any amendment hereof, and that of any charter of a municipal corporation, the provisions of the charter shall be construed and held to take precedence over such conflicting or apparently conflicting provisions of this article or of any amendment hereof. § 15.2-206. Special elections; request for abolition of certain local constitutional offices. No bill to enact or amend a charter which has the effect of abolishing any office set forth in Article VII, Section 4 of the Constitution of Virginia shall be considered unless a referendum, elsewhere authorized by law, has been conducted in accordance with the provisions of § 24.2-685, and a majority of the qualified voters voting thereon have approved the request for the enactment or amendment of the charter. CHESTERFIELD COUNTY `Gyr, BOARD OF SUPERVISORS Page 1 of 2 AGENDA % i Age Meeting Date: November 16, 2016 Item Number: 17.13. Subiect: Public Hearing to Consider the Exercise of Eminent Domain for the Acquisition of Right -of -Way and Easements for the Lucks Lane (Spirea Road to East Evergreen Parkway) Widening Project County Administrator's Comments: County Administrator: Board Action Requested: Hold a public hearing and authorize the exercise of eminent domain for the acquisition of right-of-way and easements for the Lucks Lane (Spirea Road to East Evergreen Parkway) Widening Project, including the filing of certificates of deposit, so that construction may begin prior to the commencement of eminent domain proceedings. Summary of Information: On October 24, 2012, the Board authorized staff to proceed with the Lucks Lane (Spirea Road to East Evergreen Parkway) Widening Project, including acquisition of right-of-way and easements. The Board also authorized the advertisement of an eminent domain public hearing for each project, if needed. The county's right-of-way acquisition consultant has been successful in acquiring right-of-way and easements from thirty-six (36) property owners. The county's consultant has been unable to reach agreement with one (1) property owner. (Continued on next page) Preparer: Jesse W. Smith Title: Director of Transportation Attachments: Yes No # CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Summary of Information: (continued) The county's consultant has recommended eminent domain on one (1) property in order to allow construction to take place without further delay. Plan sheets showing the impacted areas and plats showing the proposed acquisitions are attached. Parcel 001: The property located at 1201 Walton Bluff Parkway, GPIN 7356962333, is owned by Evergreen Recreational Association, Inc. The county needs to acquire 0.114 acre in fee right-of-way, 0.371 acre in permanent slope and drainage easement, and 0.156 acre in temporary construction easement. The county's consultant valued the acquisition at $4,850. The county's consultant made an offer, based on the valuation, to the president of the association (Mr. Ellison) on December 31, 2015. Mr. Ellison advised he did not know who had authority to sign the documents. He further advised they were getting ready to sell the property to Swim Metro. On January 29, 2016 Mr. Ellison requested we wait until the sale has gone through and let the new landowner handle the acquisition. On February 17, 2016 Mr. Ellison confirmed Evergreen Recreation Association is refusing to sign because of their lack of authority to sign the documents. The county's consultant coordinated with Mr. Ellison and Swim Metro throughout 2016 and the property has still not been sold. Diligent efforts to obtain voluntary conveyance from the property owner have failed. Staff has sent notification to the owner of the eminent domain request before the Board. If the county proceeds with eminent domain, a certificate of deposit will be filed with the court, which will allow the county to immediately enter and use the right-of-way and easements so the project can proceed without delay. Sufficient funds are available in the budget to pay the anticipated condemnation costs. Staff will continue to negotiate with the property owners in an attempt to reach a settlement after the certificate is filed, and, if requested, the owners will be paid the county's value for the property prior to the condemnation hearing. Recommendation: Staff recommends that the Board authorize the exercise of eminent domain on the following parcel, including the filing of a certificate of deposit, for the acquisition of right-of-way and easements for the Lucks Lane (Spirea Road to East Evergreen Parkway) Widening Project: 1. Evergreen Recreational Association, Inc., 1201 Walton Bluff Parkway, GPIN 7356962333 District: Clover Hill LUCKS LANE (SPIREM ROAD TO EAST E-tTRGR.EENPARKIII-.4,Y)WIDE-NING PROJECT PARCEL 001 EVERGREEN RECREAMNALASSOCIATION, INC GPIN 7366962333 E::7V F71 El C,t LAO UP 901 6M.Ga hwDr, 133NS --- Rictmoub alnes-3xfivatcb Advertising Affidavit 300 E. Franklin Street Richmond, Virginia 23219 (804) 649-6208 COUNTY OF CHESTERFIELD BOARD OF SUPERVISORS P.O. BOX 40 9901 LORI RD. CHESTERFIELD, VA 23832 Account Number 3005440 Date November 09, 2016 Date Category Description Ad Size Total Cost 11/15/2016 Meetings and Events Take Notice Take notice that the Board of Supervisors of Chest 2 x 22 L 114.00 Takellotice Take notice that the Board of "son of Chesterfield County, Vr. pima, at a re0ar scheduled meeting on November 142016 9 00 pm. in the Courdy Public Meetq Room at the Chesterfield Mministration Building, Rt 10 and tori Road Chesterfield Yr 'ria, will hold a public hear' where persons atieded may appear and present their views W C0119:1 The exercise ofeminent domainfortheacquisitionoffeesimple interest for right-of-way, a permariet slope and drainage easement, and a temporary conshd on easement for the Lucks lane (Spmea Road to E Evergreen Pkwy) Widening Project (Itrgnia Department of Transportation Number 0720420-1180, RW201, CSOI) across property 91201 Walton Bluff Parkway, GPIN; 7356961393. N bather information is desired please contact Mr. Brent Epps, En neeing Supervisor, at 7481037, between the burs of ✓b30 aA and R pmMondaythr Mat The head is h6at a public Wlq. designed to be accessible to per. soy with diSabBities. My persons with questions on the accessibility 0 the favi�y a reed for reasonable accommodations should contact Jan. ice B. I ey, de k to the Board, at 7461200. Persons needing inter. then November for the2016 must notify the Berk to the Board no later Publisher of the Richmond Times -Dispatch This is to certify that the attached Take Notice Take notice t was published by the Richmond Times -Dispatch, Inc. in the City of Richmond, State of Virginia, on the following dates: 11/09/2016 The First insertion being given ... 11/09/2016 Newspaper reference: 0000423547 Sworn to and subscribed before me this oWo 0- tW.-Tn# l Nojajy Public Supervisor KIM159RLY El HARRIS N0TAAY 1+1.1113LIr✓ State of Virginia Commonwealth of Virginia 356753 City of Richmond My Commission Expires Jan 31, 2017 My Commission expires THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 5 AGENDA Meeting Date: November 16, 2016 Item Number: 17.C. Subiect: Public Hearing to Consider the Exercise of Eminent Domain for the Acquisition of Right -of -Way and Easements for the Magnolia Green Community Development Authority Road Widening Project County Administrator's Comments: County Administrator: Board Action Requested: Hold a public hearing and authorize the exercise of eminent domain for the acquisition of right-of-way and easements for the Magnolia Green Community Development Authority Road Widening Project, including the filing of certificates of deposit, so that utility relocations and construction may begin prior to the commencement of eminent domain proceedings. Summary of Information: On May 28, 2008, the Board authorized staff to proceed with the Magnolia Green Community Development Authority Road Widening Project, including acquisition of right-of-way. The county's right-of-way acquisition consultant has been successful in acquiring right-of-way and easements from thirty-eight (38) property owners. The county's consultant has been unable to reach agreement with four (4) property owners. The county's consultant has recommended eminent domain on seven (7) parcels in order to allow utility relocation and construction advertisement to take place without further delay. Plan sheets showing the impacted areas and proposed acquisitions are attached. (Continued on next page) Preparer: Jesse W. Smith Title: Director of Transportation Attachments: ®Yes F No # _-g J CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 5 AGENDA Summary of Information: (continued) REFUSALS (RECOMMENDING EMINENT DOMAIN PROCEEDINGS) PARCEL PROPERTY PIN PARCEL RIGHTS OFFER OFFER COUNTER- # OWNER NUMBER ADDRESS TO BE DATE AMOUNT OFFER ACQUIRED 6200 Fee, 030 Anderson 7106769757 Woolridge PSE, 9/19/2016 $31,466 None Road DVP/VZN 6120 Fee, 035 Glenn 7116760696 Woolridge PSE, 9/20/2016 $6,116 None Road DVP/VZN Foxfire 15710 Fee, 041 Community 7136784169 Fox Light PSE, 7/22/2016 $1,667 None Association, Place DVP/VZN, Inc. WAT Foxfire 5925 Fee, 041 Community 7146783126 Fox Light PSE, PSD 7/22/2016 $222 None Association, Parkway Inc. Foxcroft 15400 Fee, PSE 042 Homeowners 7146774428 Foxgate 7/22/2016 $951 None Association, Place Inc. Foxcroft 15407 Fee, 042 Homeowners 7156789326 Foxvale Way PSE, 7/22/2016 $231 None Association, TCE, Inc. DVP/VZN Foxcroft 5511 042 Homeowners 7166783028 Houndmaster DVP/VZN 7/22/2016 $17 None Association, Road Inc. DVP/VZN = DOMINION VIRGINIA POWER AND VERIZON FEE = FEE SIMPLE RIGHT-OF-WAY PSE = PERMANENT SLOPE EASEMENT PSD = PERMANENT SIGHT DISTANCE EASEMENT TCE = TEMPORARY CONSTRUCTION EASEMENT WAT = PERMANENT WATERLINE EASEMENT ,y C£ t'a+ CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 3 of 5 AGENDA Summary of Information: (continued) Parcel 030: The property located at 6200 Woolridge Road, GPIN 7106769757, is owned by John and Sharon Anderson. The county needs to acquire 6,186 square feet in fee right-of-way, 2,091 square feet in permanent slope easement, and 5,053 in Dominion Virginia Power and Verizon easement. The county's consultant valued the acquisition at $31,466. The county's consultant made an offer, based on the valuation, to Mr. Anderson and his attorney, Mr. Frank Rennie IV, on September 12, 2016. On September 19, 2016, Mr. Anderson requested the easement lines be staked on his property. On October 17, 2016 Mr. Rennie questioned the location of the stakes so a subsequent meeting was held on October 27, 2016 to confirm the location of the staking was accurate. At this meeting, Mr. Anderson notified the county's consultant that he would be out of town for the next three weeks and that a counter offer could be expected within the next two weeks. The county's consultant has yet to receive a counter offer. Diligent efforts to obtain voluntary conveyance from the property owners have failed. Staff has sent notification to the owners, and their representative, of the eminent domain request before the Board. Parcel 035: The property located at 6120 Woolridge Road, GPIN 7116760696, is owned by Faye Glenn. The county needs to acquire 8,102 square feet in fee right-of-way, 1,220 square feet in permanent slope easement, and 5,314 square feet in Dominion Virginia Power and Verizon easement. The county's consultant valued the acquisition at $6,116. The county's consultant made an offer, based on the valuation, to Ms. Glen on September 20, 2016. The county received notification on October 4, 2016 that Joshua E. Baker of the law firm of Waldo & Lyle was hired to handle the negotiations. The county's consultant has provided Mr. Baker additional information and no response has been received in return. Diligent efforts to obtain voluntary conveyance from the property owner have failed. Staff has sent notification to the owner, and her representative, of the eminent domain request before the Board. Parcel 041: The property located at 15710 Fire Light Place, GPIN 7136784169, is owned by Foxfire Community Association, Inc. The county needs to acquire 3,572 square feet in fee right-of-way, 7,579 square feet in permanent slope easement, 30,318 square feet in Dominion Virginia Power and Verizon easement, and 3,615 square feet in waterline easement. The county's consultant valued the acquisition at $1,677. The property located at 5925 Fox Light Parkway, GPIN 7146783126, is owned by Foxfire Community Association, Inc. The county needs to acquire 44 square feet in fee right-of-way, 348 square feet in permanent slope easement, 1,220 square feet in permanent sight distance easement, and 5,837 square feet in Dominion Virginia Power and Verizon easement. The county's consultant valued the acquisition at $222.; CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 4 of 5 AGENDA Summary of Information: (continued) The county's consultant made an offer, based on the valuations, to Foxfire Community Association on July 22, 2016. The county's consultant attended the Community Association's board meeting on September 19, 2016. The county's consultant was informed on October 14, 2016 that the community association requires 2/3 vote of all residents to allow any transfer of property. No counter offer has been received from the property owner. Diligent efforts to obtain voluntary conveyance from the property owner have failed. Staff has sent notification to the owner of the eminent domain request before the Board. Parcel 042: The property located at 15400 Foxgate Place, GPIN 7146774428, is owned by Foxcroft Homeowners Association, Inc. The county needs to acquire 6,534 square feet in fee right-of-way and 7,841 square feet in permanent slope easement. The county's consultant valued the acquisition at $951. The property located at 15407 Foxvale Way, GPIN 7156789326, is owned by Foxcroft Homeowners Association, Inc. The county needs to acquire 1,133 square feet in fee right-of-way, 1,658 square feet in permanent slope easement, 784 square feet in temporary construction easement, 1,481 square feet in Verizon easement, and 305 square feet in Dominion Virginia Power easement. The county's consultant valued the acquisition at $231. The property located at 5511 Houndmaster Road, GPIN 7166783028, is owned by Foxcroft Homeowners Association, Inc. The county needs to acquire 610 square feet in Dominion Virginia Power and Verizon easement. The county's consultant valued the acquisition at $17. The county's consultant made an offer, based on the valuations, to Foxcroft Homeowners Association on July 22, 2016. The HOA board met on September 14, 2016. The county's consultant was informed on October 14, 2016 that the homeowners association requires 2/3 vote of all residents to allow any transfer of property. No counter offer has been received from the property owner. Diligent efforts to obtain voluntary conveyance from the property owner have failed. Staff has sent notification to the owner of the eminent domain request before the Board. If the county proceeds with eminent domain, a certificate of deposit will be filed with the court, which will allow the county to immediately enter and use the right-of-way and easements so the project can proceed without delay. Sufficient funds are available in the budget to pay the anticipated condemnation costs. Staff will continue to negotiate with the property owners in an attempt to reach a settlement after the certificate is filed, and, if requested, the owners will be paid the county's value for the property prior to the condemnation hearing. CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 5 of 5 AGENDA Recommendation: Staff recommends that the Board authorize the exercise of eminent domain on the following parcels, including the filing of a certificate of deposit, for the acquisition of right-of-way and easements for the Magnolia Green Community Development Authority Road Widening Project: 1. John H. Anderson, Jr. and Sharon L. 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Ida g '14 lwn — qSS v5 �d tqw� 00'00+68Z 'VIS - 8Z 133HS 3NIIHOiVVq ""'U" a .HH -H i33HS NV-ld SiNaW3AMWI OVO'd ilV"C'I'�3`'J-L0 GNV OVO'd BE)ON100M dnouoSNOWWII . ..... .. ..... oo,00+coC'ViS 4C 133HS 3NIIHOiVVi Coe W as0 z Z Lu r a) Z :) D Lu uj z woo ZOO Z UJ LU w < MZZ x 12 0 u 3 q4H Z' A," 2 15', a,' 1j I p L6Z L Ix 00'00+96Z'ViS 6Z 123HS 3NIIHOiVA Rieb oub 79imes-3ifivato Advertising Affidavit 300 E. Franklin Street Richmond, Virginia 23219 (804) 649-6208 COUNTY OF CHESTERFIELD BOARD OF SUPERVISORS P.O. BOX 40 9901 LORI RD. CHESTERFIELD, VA 23832 Account Number 3006440 Date November 09, 2016 Date Category Description Ad Size Total Cost 11/15/2016 Meetings and Events Take Notice Take notice that the Board of Supervisors of Chest 2 x 40 L 195.00 Take Notice Take notice that the Board of &u misars of Chesterkld County, Vi• ghia, at a regular sttueduled meeting on November 14 2016 at 6.30 pm in the County Public Meeting roam at the Chesterfield Administration Building, RL 10 and Lori Road, Cliestefield, Y'nia, will hold a public heard where persons affected may appear and present their views to consider. The exercise of eminentdomain forthe acquisition of fee simple irdereestfor right•of-way, a peon M slope easement, and permanentDominion 14igima Power and Verkon easemerri forthe h1gnoliaGreen Community Development Authority Road Widening Rged across property at 6200 Woolndge Road, GPIN: 7106769757. The exercise of eminent domain forthe acquisition of fee simple in terestfor niq 4 -way, a permanent slope easemeK and WiMkmng Proj¢ct across property 96120Wooldoe Road, GPIN: 7116760896. The exerciseof eminentdomain forthe acquisition of feesimple irterestforright-of-way,apermanent slope easemeK permanent Dominion Virginia Power and Verizon easement, andpermanent waterline easement for the Magnolia Green Community Development Authority Road Widening Proect across properties at 15710 Fire Lght Place M5 Fox UglitParkwapp, GPIN:713631169and 11a61B3126. The exercise of eminent domain forthe acquisition of fee simple interestfor right-of-way, permanent slope easement, temporary coaMction easement, pemucent Dominion Yrr'�na Power easemeK and Verizon easement for the MagnoOa Green Comoanity 5Widening Meet across properties a 16 Fur Place W7ag5511N RoadGPI1146778715126and71661 N tither information is desired, please contact Mr. Brent Epps, Eng. neering Supervisor, 9 7481037, between the hours 9 &30 am. and 5:00 pm Malaythrouoh Friday. The hearing is helat a Ic faclitr designed to be accessible to per. sons with disablities. My persons with questions on the accessibility of the forilry a need for reasonable accommodations should contact Jan- ice & 8akley, Clerk to the Board, 9 741200. Persons needing inter• preter smims for the deaf must notify the Clerk to the Board no later than November 11, 201 Publisher of the Richmond Times -Dispatch This is to certify that the attached Take Notice Take notice t was published by the Richmond Times -Dispatch, Inc. in the City of Richmond, State of Virginia, on the following dates: 11/09/2016 The First insertion being given ... 11/09/2016 Newspaper reference: 0000423555 Sworn to and subscribed before me this Public Supervisor KIM), EFILY B HARRIS NOTARY PUBLIC Commonwealth of Virginia State of Virginia 356753 City of Richmond My Commission Expires Jan 31, 2017 My Commission expires THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU We, the residents of the Fox Creek subdivision located in the Matoaca District of Chesterfield County, petition the county to move with all haste to construct the Magnolia Green CDA road widening project as proposed as a t the December 1St 2015 meeting at Cosby High School. Additional Requests: 1. The use of any traffic circles to be excluded from the road design. 2. Pedestrian crosswalks at all lighted intersections include fully actuated controls with red light strobes. 3. The intersection of Fox Creek Crossing / Swift Fox Drive and Woolridge road should include LED illuminated pedestrian crosswalks and LED flashing pedestrian signs. Please note that this intersection involves a neighborhood pool and clubhouse on the east side of Woolridge road that will incur significant pedestrian traffic due to the fact that the Fox Creek neighborhood spans the east and the west of Woolridge road. Name Address Phone # Signature Soo -s S-) -J �r. LJ,11ja.•n ,A'd i 7I[ 600 tre11 P G r1o�e, al r2.0 god—GIZ=fB'lS a i ha�n�9� 3 S-�l� goQ06 lj-50 '7©Y �� 1"11L7 3 Z VII a3 1,40 &-je' �,�-� w paws �6 uo 7 Pr-� y►,, � sC �'�'�� Q � �o `1-9 �,-?S�d G�/�c.�-- p� n; fie. CooZ`t&Y-CA 1 C� SN is r� ore Z3\2.0 322Z 11�' + + X144 �aua a.4&x4,._ It, -s e_ eL, gv y - co sr 3 ,,Gros l tl�t ,/a0 �? 0 3 C►rt' QvXK�er Tv; .e— 'MG -->e\ 9y3S aa ;506 QVUd'U 4"Y x L'.My mold VA V311'0 600)a �Olo C��o/1�r [ I.ar� t�39-S3aJO_ Jv1Ase 4 A aala 0 6hrI-$fop4,r 15-7o3 slanicl f?V 2 90y'9Z2�19'1SA, S ru,'ll v /hose -ley /4 2 3/ We, the residents of the Fox Creek subdivision located in the Matoaca District of Chesterfield County, petition the county to move with all haste to construct the Magnolia Green CDA road widening project as proposed on the December 1St 2015 meeting at Cosby High School. Additional Requests: 1. The use of any traffic circles to be excluded from the road design. 2. Pedestrian crosswalks at all lighted intersections include fully actuated controls with red light strobes. 3. The intersection of Fox Creek Crossing / Swift Fox Drive and Woolridge road should include LED illuminated pedestrian crosswalks and LED flashing pedestrian signs. Please note that this intersection involves a neighborhood pool and clubhouse on the east side of Woolridge road that will incur significant pedestrian traffic due to the fact that the Fox Creek neighborhood spans the east and the west of Woolridge road. Name Address Phone # Signature 9q --O- `� ego t i wokmw s Gtr t ( bo %— rdh yrc f rvcW 31 ;Z -b l S�11e, � CerAm �.J l5%�6 �ob.(nsmefeWaY 23 1 LO 1,2- -5-C) '73 J<arevu I go/ h/a fee r CAas'e a �9 d 31 s % D(�1 ZOW AACItIko, W— (AY Un v Na3 q O C•nu = C c 3 _cr fD' f7 M Q. cr � G)CD O �J'1 CD Z 3 N O [D rD c c -n �N-h fD O w r+ rD O M cl T 00 aq m =3 O (D (D 3 D Q- cu m• cu p� Ln O 00 Ln Cu w - �. N O X n r � prq' O r+ N � n CD = a)Q p cr :3-' L n�-3� Q in)A rD C;-0 m m Q� N 3 O � I � —. N i r -r : fD M Q N r-+ N rD rD �+ M '�* O n <• N 0 q � r+ � � rD �, O m 3 rD (D rD N M QM CL N _. _ < n r�-r cn �q C;. rD cn M M O XeO �. O� N 3 p r -r .a C 3 n Q CD O O Q' rh p rh M m [D O D = A :3Q. Cr m rD " O p N O a) 7v (D D r -+p n C�� M r 0 _ `. 0 rD rD =�• Q. C O= Q= A(D 0 �N r+ r -r r'' N =3 CD fli MN N rDD N N � rD i M r+ cr o. O Q (D = cD � C 0 O On 0n 7v p rr m Q M. O A O m r+JUc O O NcrfD e -rt Q N aq -G CLCL O O � rr M CU N N Q Q N rD Welcome to this years series of roundabout facts. Next Wednesday we will have a new Roundabout fact, but we wanted to start off and summarize the previous series to remind you of their many benefits. A Modern Roundabout is a new form of intersection control that provides safe and efficient traffic flow. It operates with a yield traffic control at the entry points, and gives priority to vehicles within the roundabout. SAFETY - Modern Roundabouts are the safest at -grade intersection. They move traffic safely and efficiently through an intersection because of: • Slower speeds • Fewer conflict points • Easy decision-making Studies show that roundabouts provide a: • 90% reduction in fatal crashes • 75% reduction in injury crashes • 30-40% reduction in pedestrian crashes • 10% reduction in bicycle crashes Slower vehicle speeds (under 25mph) mean: • Drivers have more time to judge and react to other vehicles and pedestrians • Easier to use for older and novice drivers • Reduction in the severity of accidents • Pedestrians are safer • Provides traffic calming Increased Capacity - Reduced Delay • 30-50% increase in traffic capacity • Traffic always on the move–less delay Environmental: • Reduction in pollution and fuel use • Less noise due to fewer stops and starts Low Maintenance: • No signal equipment to install and repair – Averages savings of $5,000 per intersection per year Aesthetics: • Improves visual quality and character through landscaping I 1 D . >0 0 CD CD CO ca 0 rn N !y (D C. 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C o cr CL m �d o 0 CL O 61 . _ I g� m I T. 0 Cn� ao n w = O O O N N �' M O 01 o n o a m m 3 N O: CD CO co 3.O -.3 aN a0 rt N iK -cDi m ` - - 1 Q 01 0 `° 02 X O E" O. 0 II X •C Cn 01 pq, 3 3 o � CD 3v �� Naw = a° o �� a CD cp 01 p N N O Cl. CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 3le Meeting Date: November 16, 2016 Item Number: 17.D. Subject: PUBLIC HEARING: Ordinance to Vacate a Portion of a Sixteen -Foot Drainage Easement Across Lot 8, Stone Harbor Subdivision County Administrator's Comments: County Administrator: Board Action Requested: Adopt an ordinance to vacate a portion of a 16 -foot drainage easement across Lot 8, Stone Harbor Subdivision. Summary of Information: Stephen A. Shaffer and Carla M. Shaffer have submitted an application requesting the vacation of a portion of a 16 -foot drainage easement across Lot 8, Stone Harbor Subdivision. This request has been reviewed by Environmental Engineering and Planning Department. Approval is recommended. District: Midlothian Preparer: John W. Harmon Attachments: 0 Yes FI No Title: Real Property Manager W1411011wM196L am PUBLIC HEARING: Ordinance to Vacate a Portion of a Sixteen -Foot Drainage Easement Across Lot 8, Stone Harbor Subdivision PUBLIC HEARING. ORDINANCE TO VACATE A PORTION 01 A 16" DRAINAGE EASEMENT CO N Chf-.terfiEld COUnty DepSrtMert Of UtilftieS IN E S 1 rp,"i - 416 67 lW, Tr kn CL Luz --• _. — - r n. 54S 00VI CD -XT T -- gNoa ILoz ©z _ w w $ zC-) o raw a? ?\. CL 13250 LU ar o cars .a co i L Q c ' n wcn s4Wo n �` O ¢ %t.1 CLw d C a' m Z i 54q '01 $ 1U 1 60.40' 0- �• `� lu . t§uj 1u { o 4 LUIS t- m � � I I z 160A4' I 1 _� 1icbminnD Mmes-Dispato Advertising Affidavit 300 E. Franklin Street Richmond, Virginia 23219 (804)649-6208 CHESTERFIELD COUNTY RIGHT OF WAY OFFICE 9840 GOVERNMENT CENTER PKWY. P.O. BOX 608 CHESTERFIELD, VA 23832 Account Number 6025752 IDate November 09, 2016 Date Category Description Ad Size Total Cost 11/09/2016 Meetings and Events TAKE NOTICE That on November 16, 2016, at 6:30 p.m. or as 2 x 20 L 195.00 TAME Ir4TICE That aI tbrember 142016, at 6•JO pm a as spin tllreaila as may be hard ft fiord of Soperdsas of Ches<eW Caalty 9 b gWar m¢etiog�pq� n the Prait I r q Room d t�tlft Co. 4. row patior� of i 16 "vase" Cos Lot t Stale kW Subtfads x is shorn M i pfd fry W. ODX 8 kcsocbr 14 diced September A N ad r* d Odiber 22. 211 reroded Mw 12018, is the 01M Orfe, prank Caul, hdlg oa Rfleproposed oidnance't; oo ik hl the Po d Way Cl<we n Coad, t ad may be eMaairledy 91 d 0rbes beMeei � hous of &30 am ad S�0 pall, iladay �y The a ildd it a pLdc f0q d*kq to be immO W per - Publisher of the Richmond Times -Dispatch This is to certify that the attached TAKE NOTICE That on Novem was published by the Richmond Times -Dispatch, Inc. in the City of Richmond, State of Virginia, on the following dates: 11/02,11/09/2016 The First insertion being given ... 11/0212016 Newspaper reference: 0000422478 Sworn to and subscribed before me this at, tary Public Supervisor State of Virginia City of Richmond My Commission expires KIMBERLY e HARRIS NOTARY PUBLIC Commonwealth of Virginia 356753 My Commission Expires Jan .i 1, 2n17 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU 4 CHESTERFIELD COUNTY ' BOARD OF SUPERVISORS Page 1 of 1 � AGENDA Meeting Date: November 16, 2016 Item Number: W.E. Subiect: PUBLIC HEARING: Ordinance to Vacate a Twelve -Foot and Sixteen -Foot Alley Adjacent to Lots 1-14 and 26-27, Block 21, Rayon Park County Administrator's Comments: County Administrator: Board Action Requested: Adopt an ordinance to vacate a 12 -foot and 16 -foot alley adjacent to Lots 1- 14 and 26-27, Block 21, Rayon Park. Summary of Information: Bill W. Spence, Sr. has submitted an application requesting the vacation of a 12 -foot and 16 -foot alley adjacent to Lots 1-14 and 26-27, Block 21, Rayon Park. This request has been reviewed by Utilities, Transportation, Environmental Engineering, Planning, Comcast, Dominion Power and Verizon. Approval is recommended. District: Bermuda Preparer: John W. Harmon Title: Real Property Manager Attachments: ®Yes F-1No #43 JxitJ VICINITY SKETCH PUBLIC HEARING: Ordinance to Vacate a Twelve -Foot and Sixteen -Foot Alley Adjacent to Lots 1-14 and 26-27, Block 21, Rayon Park ME 0 1 *<k l?"33 ?,1D 3R[) a N Chesterfield County Department of Utilities W _* E S I Mn - 500 lee', , �, A IOU 150 ri 000 I V i �Il� �N1 1111111 HIM 1111 1 illilli ill1111111 1111111mol GARY AVENUE -- [I'l,1Z -1 L341 78 1 /0. jSi 789 /a. I 1-10moub Onlefi-DifivatO Advertising Affidavit 300 E. Franklin Street Richmond, Virginia 23219 (804)649.6208 CHESTERFIELD COUNTY RIGHT OF WAY OFFICE 9840 GOVERNMENT CENTER PKWY. P.O. BOX 608 CHESTERFIELD, VA 23832 rAccount Number 6025752 Date November 09, 2016 Date Category Description Ad Size Total Cost 11/09/2016 Meetings and Events TAKE NOTICE That on November 16. 2016. at 630 p.m. or as 2 x 20 L 195.00 TAE NOTICE Triton Nosellder VIA at IlLorasoar tll m*amaybe W the Bond of Supervisors ai t field 0* 9 its tegulir InlEtrl9 in tk P& 8aola of County, Vr• Wa mbinaate sa or 111ard26n. Bhidv 21 Oft IkPalk, is shown on a plat by WA L"8 Braes,dattdJuhS,1928andlatter6ed1u1y31,1928.lwon ed bo7,1928, Vi d ft ft Cradt Cawt defafiell Canty, Vr- gilia, in Pfa: Book 1N, at Pals 192and 151. hdornlabotl tle or6renat k on fik io the � t of way Office n�tid �y Vkgilia and nay be aamisdj iI i�skdpar4abdwadltllt boos of &30 am and S�0 pm, Ibnday sansa id 9 a Pik fdtl . dasiW 10 Ea ac t%& to per. Aly parsons wltllpft on h am ssb4 of the�'. aa�for nsasauhlai0 . Ckrk10 ffieBoard�s far tlw deaf mit Ia6fy tlIe Cldk to the Bond no later UI81110A dIt21IE Publisher of the Richmond Times -Dispatch This is to certify that the attached TAKE NOTICE That on Novem was published by the Richmond Times -Dispatch, Inc. in the City of Richmond, State of Virginia, on the following dates: 11/02.11/09/2016 The First insertion being given ... 11/02/2016 Newspaper reference: 0000422414 Sworn to and subscribed before me this Nota PublicSupervisor KIMBERLY B HARRIS NOTARY PUBLIC Commonwealth of Virginia State of Virginia 356753 City of Richmond My Comm-ssion Expires ,Jan 31, 2nt 7 My Commission expires THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 Meeting Date: November 16, 2016 Item Number: 17.F. Subject: PUBLIC HEARING: Ordinance to Vacate a Right of Way Adjacent to Meadowville Road Within Meadowville Landing at River's Bend, Section 2 County Administrator's Comments: County Administrator: l Board Action Requested: Adopt an ordinance to vacate a right of way adjacent to Meadowville Road within Meadowville Landing at River's Bend, Section 2. Summary of Information: Twin Rivers LLC, has submitted an application requesting the vacation of a right of way adjacent to Meadowville Road within Meadowville Landing at River's Bend, Section 2. This request has been reviewed by county staff, Comcast and Verizon. Approval is recommended. District: Bermuda Preparer: John W. Harmon Title: Real Property Manager No Attachments: ■ Yes # "VICINITY SKETCH PUBLIC HEARING: Ordinance to Vacate a Right of Way Adjacent to Meadowville Road Within 1" endo Landing at River's Bend, Section 2 MEADOMILLE RD ytb PUBLIC HEARING. ORDINANCE PUBLIC VACATE A RIGHT OF MY N Chsstarfisld Csunty Department of Wilfti-es W #1 r - S 1 halms -416 67 tet 8So84>n-n $?2 r".x=agR�TP-z gnmL h m!R R :9 ' a : " r o o $ ��rr�rt�w��rfrnwr��m�rrttri�r�w:"��1v�w�r�tt !rW �� z 'z ZS w F. ff `�"8""sa��g�a's.g��as$aa�asgsasaga�a'sa's&asa's�� =�ff�� 4 11,1N 4^ U Uni! iT kV N 4 Ux^n -U a^ V$ L�`r# Ch m ^a 5.6. 6 O QN r Fa o �FW syr � I Stl12 DA i77VdiidH3.LS _, a a r'Sr I ti .... yy �•• M.OSaLCQS .Crvtr ¢o i , ;oi'ty 'i'dYL'. ppl' �uriw a — 1 rL a eWwl �3 14 V.fJ - "ZaT.TA') f— a52'w � �e'LZL")— � ios: r roru..•_ SUM'� t00.� X100.0.'7' NOJjQ�4'C y," I R :9 ' a : " r o o $ ��rr�rt�w��rfrnwr��m�rrttri�r�w:"��1v�w�r�tt !rW �� z 'z ZS w F. ff `�"8""sa��g�a's.g��as$aa�asgsasaga�a'sa's&asa's�� =�ff�� 4 11,1N 4^ U Uni! iT kV N 4 Ux^n -U a^ V$ L�`r# Ch m ^a 5.6. 6 O Ricbmonb Mimeo-Dispnto Advertising Affidavit 300 E. Franklin Street Richmond, Virginia 23219 (804)649-6208 CHESTERFIELD COUNTY RIGHT OF WAY OFFICE 9840 GOVERNMENT CENTER PKWY. P.O. BOX 608 CHESTERFIELD, VA 23832 Account Number 6026762 Date November 09, 2016 Date Category Description Ad Size Total Cost 11/09/2016 Meetings and Events TAKE NOTICE That on November 16. 2016. at 6:30 p.m. or as 2 x 20 L 195.00 TA9 fioM ThWonk elter142016,96.30Morissoon*of*asmalbe Wt the Bond d of Cfleslafidd CAM 9 b roar �a,w ttre0af k=iaadoption III D&W cam, W. # XPAMCE b IlM i r ai wal *At lledor & Road avidin IlredaMrile tmfiilg re i R*1 Bed, SKb 2, as sfloral on a Pit b Townes Site dated llae 21, Na * J01 Il, A a the CWA Coat. CflestaN rAM. rigira, m plt 800k21 at Pages 16l It klfonadon tlw ordirelre is m fik a tlw 0 of War Office it Ifrgilia, ald may be awed all prbesbe mthehors09 am rd51P& Way solait 4Wd9i*kf desigredtokaaaskWpa• 0 prion w�hquatia� m tlw aaesslbfiry d Maa reed fa rasollabk aaaarnodatiarrs chalk cabctlarr ice B t day, (lark to tie Boal, at 161200. PerA Wk uta. pita sauces for tlw dei rd Ildify ft Oak to ft Board ao lata flan iioifffoba 1Q 201ti Publisher of the Richmond Times -Dispatch This is to certify that the attached TAKE NOTICE That on Novem was published by the Richmond Times -Dispatch, Inc. in the City of Richmond, State of Virginia, on the following dates: 11/02,11/09/2016 The First insertion being given ... 11/02/2016 Newspaper reference: 0000422469 Sworn to and subscribed before me this > tu Notary Public0 Supervisor T�l KIM5030 $ HARRIS N(YfARY PUBLIC State of Virginia Commonwealth of Virginia 356753 City of Richmond My Commission Expires Jan 31, 201 My Commission expires THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU CHESTERFIELD COUNTY ¢� BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: November 16, 2016 Item Number: 20. Subiect: Adjournment and Notice of Next Scheduled Meeting Supervisors County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Motion of adjournment and notice Supervisors and Planning Commission 502 at the County Administration Plan update. Preparer: Janice Blakley of the Board of of joint work session of the Board of on November 29, 2016, at 1 p.m. in Room Building to initiate the Comprehensive Attachments: F-1 Yes ® No Title: Clerk to the Board F