2017-03-29 PacketV
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Page 1 of 1
Meeting Date: March 29, 2017 Item Number: 3.C.
Subiect:
Work Session - Department of Community Enhancement
County Administrator's Comments:
County Administrator:
Board Action Requested:
Hold a work session to discuss the proposed new Department of Community
Enhancement.
Summary of Information:
Dr. Casey's budget letter indicated that staff has been working toward the
goal of creating a new department focusing on preserving and revitalizing
county neighborhoods. This new department, Community Enhancement, will be
created by transferring employees from five county departments to create a
new operating unit focused on the maintenance, preservation, and
revitalization of our community. These transfers involve the following
departments:
Budget & Management 1 position
Building Inspection 2 positions
License Inspection 7 positions
Planning 7 positions
Revitalization 1 position
Community Enhancement 18 Positions Total
Preparer: William Q. Dupler Title: Deputy County Administrator for Community Development
No
Attachments: Yes
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 2 of 2
AGENDA
Summary of Information: (Continued)
Creation of this new department will not increase the number of departments
countywide as the new department will absorb an existing department.
Additionally, the relocation of existing county employees along with one
vacancy will allow this new department to be staffed without increasing the
county's overall employee count. The current roles of license inspection and
code compliance activities currently embedded elsewhere will continue within
this new department.
These existing employees currently working in different departments will come
together in a single unit to provide a countywide commitment to preservation,
maintenance, and revitalization of our neighborhoods. The new department will
support existing neighborhoods, promoting their vitality through a
combination of preservation and revitalization initiatives as necessary. This
will protect and support the quality of life the county is known for with a
focus on the earliest developed portions of the county. The department will
provide a single point of contact for citizens, community representatives and
other interested parties regarding the enhancement of their communities.
Finally, having a single department dedicated to neighborhoods will create
opportunities for partnerships with police, economic development, schools,
and social services to further strengthen achievements that preserve and
protect the quality of life in our neighborhoods.
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of I
Meeting Date: March 29, 2017 Item Number: 3.D.
Subiect:
Work Session - Public Safety Communications System Update
County Administrator's Comments:
County Administrator:
Board Action Requested:
Hold a work session to update the Board on the Public Safety Communications
System.
Summary of Information:
Provide an update to the Board of Supervisors on our Public Safety Radio
System replacement project. Will review the benefits of the new radio
system, project timeline and six new tower sites pending approval by the
Planning Commission.
Preparer: Rich Troshak - Title: Director of Emergency Communications
Attachments: Yes —1 No
F
PUWI,c
Safety
S Y S t
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Why have RegionaQ Radio Onteroperabihty for PUbhc Safety?
Law Enforcement, Fire and EMS personnel use this shared
system daily to communicate throughout the region,
responding to emergencies and protecting our citizens
Existwng Regional Radio Systern
Shared communications system:
Chesterfield
. Colonial Heights
Henrico
Richmond
System procured 1997-1999
Limited lifespan of critical system
components and radios
End of support for radio system
infrastructure in 2018
r System replacement required
1
09
M
Steeririg Comm�ttee
� Executive Level County Leadership
Core Project
I -earn
ECC
Rich Troshak
Ur Police
Capt. Wes Fertig
Fire/EMS
FF. Phillip Puccio
Sheriff
Lt. Rick Eggleston
Radio Shop
Robert Vest/Don Birdsong
IST
Tracie Chambers/Billy Plumb
Budget
Megan Coates
Purchasing
Laura Houser
Planning
Darla Orr
Radio project
$40M in CIIP
CAD/Data projecl,
$25M in 011
Public Safety referendum
$49M in bonds
croo mq
3
� I 5 ---site Design
Negotiated contract price $32,852,332
0 Includes reusing existing nine tower sites and
adding six new sites
Includes new portable and mobile radios, six
new towers, dispatch equipment, system
controller and microwave network
0, New system provides multiple benefits to the
community
> Highly reliable and
redundant
> Enhances interoperability
o Improved radio coverage
o Meets mission critical
needs for public safety
1!
Guaranteed comprehensive coverage
in critical buildings, including all
schools and hospitals
Officer, Deputy and Firefighter safety:
GPS location on radios (emergency)
Replacement of existing aging public
safety radios
Comprehensive 20 -year maintenance
plan
o System upgrades on a 2 -year cycle to
keep technology current
Chesterfield County, Virginia
New Tower
/4
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Existing Tower
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(Rktdfo on hip using remote speaker
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Regional Project Timeline
� 2017 (Sept)
- Site pre -construction complete
> 2018 (Mar) - Site development complete
2019 (Feb) -
Infrastructure installation complete
2019 (May)
- Coverage testing initiated
2019 (Nov) -
Coverage testing complete
> 2020 (Feb) -
In -building systems installed
> 2020 (May)
- New system cutover
Onvi 1113
Rich Troshak I
804-706-2595
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AGENDA
Page I of 1
Meeting Date: March 29, 2017 Item Number: 3.E.
Subject:
Work Session - Parks and Recreation/Richmond Volleyball Club Public -Private
Partnership
County Administrator's Comments:
County Administrator:
Board Action Requested:
Hold a work session to discuss the public-private partnership between
Chesterfield County Parks and Recreation and the Richmond Volleyball Club
Summary of Information:
As announced on March 16th, Chesterfield County Parks and Recreation and the
Richmond Volleyball Club (RVC) are entering into a public-private partnership
through the construction of a 50,000 square foot indoor recreation facility
at Stonebridge. The new facility will house league and tournament play for
RVC along with 5,000 square feet of dedicated Parks and Recreation space that
can be used for predominantly senior programming. In addition, Parks will
have access to the RVC portion of the building for larger scale recreation
activities during the week. This project provides needed recreational
opportunities for county residents, serves as a major boost for
Chesterfield's ongoing sports tourism initiative and marks another step
forward for the redevelopment of the former Cloverleaf Mall site. This work
session will provide additional details about the new partnership and preview
the associated financing action that is requested as part of the evening
session.
Preparer: Garrett Hart
Attachments:
Title: Director of Economic Development
F-1 Yes 0 No
# U11 0 010, 2 2
'I
AGENDA
9.• M-1 neal
Meetin•Date: March 29,2017 Item Rumber: 3.F.
Work Session on the County Administrator's Proposed FY2018 Budget
County Administrator's Comments:
County Administrator:
Board Action Requested:
Hold a work session on the County Administrator's Proposed FY2018 Budget.
111111 - * a 11111 ro1=1 , t•
This work session is a follow up to the March 15 Proposed FY2018 Budget Work
Session and will be used to bring back departments who were not able to
conclude their March 15th presentation - including schools - to discuss
specific, programmatic changes in their respective areas of service. In
addition, responses to questions raised on March 15, for which additional
research was needed, will also be presented, including questions about police
starting salaries and the operating schedule at the county's convenience
centers. Finally, staff will also be available provide summaries and feedback
from the community meetings and to answer any questions the Board may have
about the proposed budget.
The public hearing on the budget is set for the 6 p.m. session tonight and
the budget is scheduled to be adopted on Wednesday, April 26. Feedback can
also be provided at any time via email to blue�int(�chesterfieldgov.
Preparer: Matt Harris Title: Director, Budget and Management
Attachments: 0 Yes F-1 No
Ms-�'((TFR, vra-p-mv(
irr-MINMMMM4
- Technology enabled vs. dependent
• Cloud technologies and financial models
• Information security risks
• Department productivity
• Customer engagement and alignment
Technology
Dependent
Information
Security
Aging
Systems
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$14,660,R)nx,463% OP,
Key Challenges:
- Backlog of departmental systems, 709/o of IST
manpower devoted to modernization
® Skills for new technologies
® Agility and new environments
* Data management
190 Lagging Solutions,. - -
14 Funded
Mainframe
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INAARY
Discussion:
1 W17
• Contract Commitments - $622,000
(ELM Maintenance - $148.4k, Office 365 - $250k,
Other Contracts - $224k)
• Consulting Services - $200,000
(GIS updates and hard to find skill sets, as needed)
• System Modernization - $124,000
(Modernize assets and databases - $100k, Microsoft
Dynamics - $24k)
ULIIWV: (OMMUNHY DUE[ OPMBi
The number of county maintained
BMPs has doubled since 2005; "" —,
additional crew will be able to meet the
number of required inspections and
maintenance
• As development activity continues to
rise, so does the need for inspector's...
• Proffer changes increased zoning
workload in Transportation, address
influx of cases with part-time staffing
NO associated fee changes; revenue
from changes in activity levels
M
BITIMUMPT5
Utilities FY2018 Proposed Budget
$175.5 Million
OFY2017 MFY2018
Combined monthly increase $2'951
Average customer bills remain lower
than Fitch AAA averages, as well as
Henrico, Hanover, and Richmond
No increase in connection fees
(Water $5,500/Wastewater $5,400)
Proposed 5% rate reduction for
wastewater strong waste recovery fees
for nitrogen and phosphorus
TOTA,1!
OPERAR14G
56,13, 8 M
Operating Capital
- CIP Highlights:
9 Infrastructure replacement
- Advanced metering infrastructure
e Huguenot pump station and
transmission main
9 Wastewater plant expansion
,)0002 7
Chesterfield County Department of Utilities
&kill
Performance Plan FY2016
Discussion:
our 11WOM is to ftTempfftartry Owrelmomm, enfpmyees,
ros.latow ovwdo and (he uflfiffe; Oodwqu ai a trader In mild0ir
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• Strategic positioning to meet future
challenges:
-Aging infrastructure
- Unstable regulatory environment
-Water resource development
-Wastewater plant expansion
UP NUT- SCHou. Dvisui
OMMOROMM
906029
Planning for the Future
Five year planning process initiated with the combined leadership of the Board
ofSupervisors and School Board beginning inFY15
9 Great communication tool for the parents and community
o Provides parents with insight to future programs that are planned for their
children
o Allows parents tomake decisions today that will impact the overall
instructional experience oftheir children
o Allows the community toseethe funding and program priorities ofthe
School Board
o Demonstrates the sustainability of programs
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Financial Plan - allows funding of programs over time for budget planning
Financial Plan - allows funding of programs over time for budget planning
FY2018
FY2019
FY2020
FY2021
FY2022
Early College Academy
$151,000
$170,000
$191,000
$160,000
Pupil Teacher Ratio Reductions
1,635,000
1,632,000
1,664,649
1,697,900
1,731,900
Alt. Ed. - Phoenix Program
140,500
199,500
125,400
Code RVA
281,300
198,000
198,000
803,000
Digital Curriculum
125,000
125,000
125,000
125,000
Financial Plan - allows funding of programs over time for budget planning
FY2018
FY2019
FY2020
FY2021
FY2022
Student Wellness
$114,800
$172,200
School Nurses
728,700
813,000
813,000
School Start Times
500,000
1,200,000
Staff Computer Replacements
803,000
803,000
Financial Plan - plans for anticipated annual increases
e Actuary presented financially sustainable plan to School Board in
February
• Changes to qualifying experience
• Maintains 175% benefit
• Extends payout from 5 to 7 years
• Caps new participants to 175 annually
* Plan still being reviewed by legal team
e Other potential scenarios still being reviewed
A00 32
FY2018
FY2019
FY2020
FY2021
FY2022
Salary Increase
$7,785,200
$7,940,900
$8,099,700
$8,261,700
$8,426,900
Benefits Increase (VRS,
healthcare)
7,445,300
2,467,100
2,639,800
3,574,600
3,022,300
Bus Replacements
250,000
250,000
250,000
Musical Instrument
Replacements
20,000
20,000
20,000
20,000
20,000
Opening New Elementary
School
165,900
822,900
e Actuary presented financially sustainable plan to School Board in
February
• Changes to qualifying experience
• Maintains 175% benefit
• Extends payout from 5 to 7 years
• Caps new participants to 175 annually
* Plan still being reviewed by legal team
e Other potential scenarios still being reviewed
A00 32
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• The Operations team continues towork onstarting time scenarios.
o Planning for IOl8-I9school year change
o Adjusting begin ninc/endingtimes; makes changes financially viable
o Stress test conducted inFebruary
o Analysis and fine tuning will occur until implementation
m Funding isincluded inboth FY2OI8and FY2U19budgets.
o FY2Ol8funding: Adjust bus driver salaries ($5OOK)
o FY2OI9funding: Full implementation ofongoing operating costs ($l.2W1)
• If changes are adopted, FY 2017 budget will be amended to include reserve funding to
purchase buses (FY 2OI6funds reserved $2M).
e Working with a consultant to determine more efficient structure
for central office to support schools
o Budget proposal does not include any recommendations
that may result from the study.
o There are no anticipated significant costs associated
with any realignment.
School leadership identified more than 70 other high
priorities that could not be funded in the operating budget
based on available resources
o Following slide lists of the highest-ranking priorities
4
)Chesterfield county Public Schools
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Teacher Scale Salary Compression
Provides $100 increase to steps that are currently
$435,000
Additional 10 contract days
compressed on the teacher pay scales.
$287,000
2% increase for all supplemental pay
Temporary teachers for all programs, substitutes,
322,000
supplemental pay for academics and athletics
Supplemental Retirement Program
for teachers and instructional assistants to enhance
144,000
(current plan is to phase in over the
Improve funded liability
4,000,000
next 5 years)
To measure student growth to inform instructional practice,
Student Growth Measure
Teacher use with students to organize curriculum,
536,000
Learning Management System
collaborate and exchange assignments. Update online
272,000
Icurriculum guides moving off CNET.
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Funding;
Falling Creek Middle School - Increase the number of
Additional 10 contract days
contract days for teachers and instructional assistants to
$287,000
enhance instruction.
Ettrick Elementary-] ncrease the number of contract days
Additional 10 contract days
for teachers and instructional assistants to enhance
144,000
instruction.
To measure student growth to inform instructional practice,
Student Growth Measure
identify students for instructional interventions, and provide
536,000
a measure of growth for students that could be aggregated
to school and division level.
0 03
Capital Improvement Plan
ub
Expansion of Online Learning
Teaching position expand the online program and meet
opportunities/support for on-time
56,000
the anticipated enrollment increase.
graduation
Transition, Workplace, Life Ready
Career & Dropout Prevention
Staffing to increase efforts to reach out to students who
96,000
Specialist for Secondary Alternative
have dropped -out or are at risk of dropping out of school.
Education
Grants (using CCPS funds) provide resources to schools
Additional funding
and departments to implement innovative approaches to
300,000
for innovation grants
instruction and other business operations.
TO
Capital Improvement Plan
e Total five-year plan i6$223.6million; FY2018is $81.4 million
o Provides updated project costs for four new elementary schools - 95
percent design budget
o Provides additional funding for safety enhancements and delayed HVAC
maintenance projects
• Does not adjust project costs for pending elementary school renovations
that are part of the 2013 referendum
m Projects may be adjusted pending the ana|ysis
of a facility review (for those projects only)
Project
Adopted FY17
Conceptual
65% Design Budget
95% Design Budget
Beulah Elementary
$29,692,600
$31,262,000
$31,430,000
$31,407,000
Enon Elementary 1
31,588,000
30,123,000
30,121,000
30,975,000
Matoaca Elementary
31,428,000
33,528,000
34,851,000
33,760,000
Midlothian area elementary
31,862,000
35,430,000
34,197,000
34,169,000
Total
$124,570,600
$130,343,000
$130,782,000
$130,311,000
^ Project budget. Portion orall projects reflected mprior year column mp,z/Adopted op
' Approved c|pincludes advancement vfthe appropriation from p/zumu,nzo1r
C^mmm°ld County Public Schools
Total Project Cost Per Square Foot
Project
Adopted FY17
CIP 1/
Conceptual
65% Design Budget
95% Design Budget
Beulah Elementary
$381
$313
$315
$314
Enon Elementary
405
330
330
340
Matoaca Elementary
403
339
382
370
Midlothian -area elementary
409
331
342
342
1 Project budget. Portion of all projects reflected in prior year column in FY17 Adopted CIP
Chesterfield County Public Schools
Mrcrvrnt_ €nf)"a nu. RitlRvaril.
e Adds two new projects to the CIP
o FY 2017 Facility Assessment Study
Critical report required to develop future projects
including any potential referenda
o FY 2018 Food Services walk-in freezer replacements
Bon Air Elementary, Robious Elementary, and
Midlothian Middle School
Chesterfield County Public Schools
wro�rni�n Fn��rp np. tteie;�ani.
tj0
9 Manchester Middle School Project budget has not been
amended
e Current debt for referendum projects totals $281.5 million
o Referendum authorized $304 million
o Five-year operating plan does not include funds for
additional debt service
Chesterfield County Public Schools
Y
X
FY2022
CIP Reserve Transfer
$29,361,316
$7,008,400
$10,154,3QO
$10,738,300
$12,008,400
$16,292,400
$56,201,800
("Pay as you go" funding)
Pay as you go - County
-
-
4,850,000
4,850,000
Debt Financing-G.O.
145,681,384
64,924,500
22,660,100
48,279,200
-
135,863,800
Bonds
State Technology Grant
9,000,000
1,800,000
1,800,000
1,800,000
1,800,000
1,800,000
9,000,000
School Nutrition Services
2,580,200
484,000
484,000
Cash Proffers
1 10,000,000
7,200,000
2,500,000
2,500,000
1 2,500,000
2,500,000
17,200,000
4
A,
$87,114 x}00
7/,
�6,3 4of7
$2o 592;4(10
$223,599 600
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FY2G19 !
F,Y2017 „'
.O/ �% //✓ i i/� ////ii �// „ //„ � ;,,..,
�, f202U , Ff021 PY2022;
i, ,
;/ @Y2018
Major Maintenance
$ 18,184,200
$ 10,098,600
$ 6,938,600
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Providence Middle
27,970,000
0
Monacan High School
17,281,800
0
Manchester Middle School
38,100,000
0
Beulah Elementary
29,692,600
1,714,400
Refren lin rq e s %%
j
/2019 "
;
FY2018 ,;
IVo
/%iY %'FY2f11$';
PY2020 FY2021
,,FY2022; ,,
,"FY2022-
Matoaca Elementary
,
29,760,000
Security Enhancements
$1,203,200 $351,600
$351,600 $351,600
$351,600
$351,600
$1,758,000
Technology Plan/replacements
12,430,000 2,140,000
2,140,000 2,140,000
2,140,000
2,140,000
10,700,000
Blended Learning Technology
6,661,900 2,699,300
3,545,200 4,129,200
3,699,300
3,699,300
17,772,300
Program - all levels
18,339,000
20,339,000
Crestwood Elementary
Major Maintenance - Non
See Referendum Projects
6,317,500
10,601,500
16,919,000
Referendum
Midlothian Area Elementary
5,000,000
29,169,000
Facility Condition Assessment
1,000,000
29,169,000
Ettrick Elementary
1,000,000
1,000,000
17,911,700
School Nutrition Service
2,124,200
484,000
;$173x203 600
, $75;742;1700
'1$27;777,600
; $57i746,7Q0 ; `„ $0
484,000
Replacement schedule - school
1,300,000
1,300,000
1,300,000
1,300,000
5,200,000
furniture
Future Acquisitions
2,500,000
2,500,000
2;500,000
2,500,000
10,000,000
05
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$23 419 30U
$5,674 9009,836,8pM17
; $14 420;800
$16,30$;40f!
$20,592,406
$62,833;300
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FY2G19 !
F,Y2017 „'
.O/ �% //✓ i i/� ////ii �// „ //„ � ;,,..,
�, f202U , Ff021 PY2022;
i, ,
;/ @Y2018
Major Maintenance
$ 18,184,200
$ 10,098,600
$ 6,938,600
$ 6,938,600 See Non Referendum Funding
$23,975,800
Providence Middle
27,970,000
0
Monacan High School
17,281,800
0
Manchester Middle School
38,100,000
0
Beulah Elementary
29,692,600
1,714,400
1,714,000
Enon Elementary
30,975,000
Matoaca Elementary
4,000,000
29,760,000
29,760,000
Administrative Space
2,000,000
0
Harrowgate Elementary
1,000,000
1,000,000
16,485,000
18,485,500
Reams Road Elementary
2,000,000
18,339,000
20,339,000
Crestwood Elementary
1,000,000
16,410,900
17,410,900
Midlothian Area Elementary
5,000,000
29,169,000
29,169,000
Ettrick Elementary
1,000,000
1,000,000
17,911,700
19,911,700
;$173x203 600
, $75;742;1700
'1$27;777,600
; $57i746,7Q0 ; `„ $0
- '; $p
; $160,766;340
e School will provide relief in the western part of the County
e Attendance zones have not been established
o School will likely provide relief to Evergreen, Swift Creek, and
Watkins elementary schools
* Anticipated opening in Fall 2019
This budget funds School Board priorities I
e Innovating through autonomy and culture
9 Changing school starting times for high schools
e Getting Capital Improvement Plan back on track
9 Modernizing and continuing to address efficiency
e Review options for preschool expansion (grants, non -profits, etc.)
9 Expanding student wellness initiatives
'200041
Police Officer Starting Salary:
e Increase starting salary proposal to $44,289 (vs. $43,500);
3.5% over current level
• Closes gap with regional peers
• Requires additional funding of $261,600
Convenience Center Schedules:
• Add two hours to the beginning of each day (open at 7:30)
• In line with recent customer feedback
• Requires additional funding of $75,000
r
j,00042
3/16/2017
("I'l .,
,jU0043
u_M111JOUX
Ireward
U
leadershl
ISP IcIe
Workftow
ro,sesxh analysis
s d", 0* 9 ?.*
devel6pment
goals
Planning for the Future
3/16/2017
Five year planning process initiated with the combined leadership of the Board
of Supervisors and School Board beginning in FY15
Great communication tool for the parents and community
• Provides parents with insight to future programs that are planned for their
children
• Allows parents to make decisions today that will impact the overall
instructional experience of their children
• Allows the community to see the funding and program priorities of the
School Board
• Demonstrates the sustainability of programs 56
42
21
3/16/2017
000 4
3/16/2017
Financial Plan - plans for anticipated annual increases
59
9 Actuary presented financially sustainable plan to School Board in
February
o Changes to qualifying experience
o Maintains 175% benefit
o Extends payout from 5 to 7 years
o Caps new participants to 175 annually
9 Other potential scenarios still being reviewed 60
23
FY2018
FY2019
FY2020
FY2021
FY2022
Salary Increase
$7,785,200
$7,940,900
$8,099,700
$8,261,700
$8,426,900
Benefits Increase (VRS,
healthcare)
7,445,300
2,467,100
2,639,800
3,574,600
3,022,300
Bus Replacements
250,000
250,000
250,000
Musical Instrument
Replacements
20,000
20,000
20,000
20,000
20,000
Opening New Elementary
School
165,900
822,900
59
9 Actuary presented financially sustainable plan to School Board in
February
o Changes to qualifying experience
o Maintains 175% benefit
o Extends payout from 5 to 7 years
o Caps new participants to 175 annually
9 Other potential scenarios still being reviewed 60
23
3/16/2017
e The Operations team continues to work on starting time scenarios.
O Planning for 2O1D-I9school year change
O Adjusting beginning/ending times; makes changes financially viable
O Stress test conducted inFebruary
D Analysis and fine tuning will occur until implementation
e Funding is included in both FY 2018 and FY 2019 budgets.
o FY 2018 funding: Adjust bus driver salaries ($500K)
o FY 2019 funding: Full implementation of ongoing operating costs ($1.2M)
e If changes are adopted, FY 2017 budget will be amended to include reserve funding to
purchase buses (FY 2016 funds reserved - $2M). 62
ME
3/16/2017
9 Working with a consultant to determine more efficient structure
for central office to support schools
that may result from the study.
o There are no anticipated significant costs associated
.719
63
9 School leadership identified more than 70 other high
priorities that could not be funded in the operating budg
based on available resources •;-
o Following slide lists of the highest-ranking priorities
Chesterfield County Public Schools
R6 1, 64
4 0Q
25
3/16/2017
65
26
Teacher Scale Salary Compression
Provides $100 increase to steps that are currently
$435,000
compressed on the teacher pay scales.
2% increase for all supplemental pay
Temporary teachers for all programs, substitutes,
322,000
supplemental pay for academics and athletics
Supplemental Retirement Program
(current plan is to phase in over the
Improve funded liability
4,000,000
next 5 years)
Teacher use with students to organize curriculum,
Learning Management System
collaborate and exchange assignments. Update online
272,000
curriculum guides moving off CHET.
65
26
3/16/2017
ManiZXk4lnotmtkal
altalysis vm�
is t
awe aaa
develo CTRen
Is
27
3/16/2017
e Total five-year plan is $223.6 million; FY 2018 is $81.4 million
o Provides updated project costs for four new elementary schools - 95
percent design budget
o Provides additional funding for safety enhancements and delayed HVAC
maintenance projects
o Does not adjust project costs for pending elementary school renovations
that are part of the 2013 referendum
m Projects may be adjusted pending the analysis
of a facility review (for those projects only) 69
Project
Adopted FY17
Conceptual 1 65% Design Budget 95% Design Budget
CIP
Beulah Elementary
$29,692,600
$31,262,000 $31,430,000
$31,407,000
Enon Elementary 2
31,588,000
30,123,000 30,121,000
30,975,000
Matoaca Elementary
31,428,000
33,528,000 34,851,000
33,760,000
Midlothian area elementary
31,862,000
35,430,000 34,197,000
34,169,000
Total
$124,570,600
$130,343,000 $130,782,000
$130,311,000
1 Project budget. Portion of all projects reflected in prior year column in FY 17 Adopted CIP
2 Approved CIP includes advancement of the appropriation from FY 2018 to FY 2017
Chesterfield
County Public Schools
"n -a!"', R.k ..... 1.
70
W
3/16/2017
Total Project Cost Per Square Foot
Project
Adopted FY17
Conceptual 65% Design Budget 95% Design Budget 1:
CIP I/
Beulah Elementary
$381
$313
$315
$314
Enon Elementary
405
330
330
340
Matoaca Elementary
403
339
382
370
Midlothian -area elementary
409 1
331
342
342
I/ Project budget. Portion
of all projects reflected in prior year column in
FY17 Adopted CIP
Chesterfield County Public Schools
'-T-I'll 1111-j"g, Rele'It'
71
e Adds two new projects to the CIP
o FY 2017 Facility Assessment Study
m Critical report required to develop future projects
o FY 2018 Food Services walk-in freezer replacements
m Bon Air Elementary, Robious Elementary, and
Midlothian Middle School
Chesterfield County Public Schools
72
IJI
29
e Manchester Middle School Project budget has not been
9 Current debt for referendum projects totals $281.5 million
o Five-year operating plan does not include funds for
3/16/2017
Chesterfield County Public Schools
g4,g, W,- f. 73
74
30
3/16/2017
5 It
a
e School will provide relief in the western part of the County
e Attendance zones have not been established
o School will likely provide relief to Evergreen, Swift Creek, and
Watkins elementary schools
e Anticipated opening in Fall 2019
liq III
OMMM �� 11 M=
e Innovating through autonomy and culture
e Changing school starting times for high schools
e Getting Capital Improvement Plan back on track
e Modernizing and continuing to address efficiency
9 Review options for preschool expansion (grants, non -profits, etc.)
e Expanding student wellness initiatives
3/16/2017
77
IN
32
3/16/2017
e'll n r) :A5 6
'J'Ju
33
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 1 of 1
S
AGENDA
p]ri9�
Meeting Date: March 29, 2017 Item Number: 6.
Subiect:
Closed Session
County Administrator's Comments:
County Admin
Board Action I
Summary of Information:
Closed session 1) pursuant to § 2.2-3711.A.7., Code of Virginia, 1950, as
amended, for consultation with legal counsel requiring the provision of legal
advice regarding consideration by the Board of Supervisors of the
Chesterfield County Public Schools Supplemental Retirement Plan; 2) pursuant
to Section 2.2-3711.A.1., Code of Virginia, 1950, as amended, relating to the
performance of a specific County employee; 3) pursuant to Section 2.2-
3711.A.3., Code of Virginia, 1950, as amended, relating to the disposition of
an interest in publicly -held real property where discussion in an open
meeting would adversely affect the bargaining position and negotiating
strategy of the County; and 4) pursuant to Section 2.2-3711.A.3., Code of
Virginia, 1950, as amended, relating to the acquisition of real property for
a public purpose where discussion in an open meeting would adversely affect
the bargaining position and negotiating strategy of the County.
Preparer: Jeffrey L. Mincks
Attachments: El Yes
■ No
Title: County Attorney
0425:98121.1
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 2
Meeting Date: March 29, 2017 Item Number: 13.A.1.
Subiect:
Nomination/Appointment to the Community Policy and Management Team
County Administrator's Comments:
County Administrator:
Board Action Requested:
Nominate/appoint member to serve on the Community Policy and Management Team
(CPMT).
Summary of Information:
The purpose of the Community Policy and Management Team (Code of Virginia §
2.2-5204 and § 2.2-5205), is to implement the requirements of the
Comprehensive Services Act, including the expenditure of funds appropriated
by the localities and allocated by the State. The governing body of each
jurisdiction must appoint a CPMT.
Minimum mandatory membership of each CPMT includeslocal agency heads or their
designees from the Community Services Board, Department of Social Services,
Juvenile Court Service Unit and school division. Additional members include
a parent representative and private provider representative, if a private
organization or an association of providers is located within the locality's
region.
Preparer: Sarah Q. Snead Title: Deputy County Administrator, Human Services
Attachments: Yes No
F
30-58
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 2 of 2
AGENDA
Summary of Information: (Continued)
CPMT members and CSA staff recommend that the Board nominate and appoint Ms.
Samantha Hollins, Director of the Department of Special Education with
Chesterfield County Public Schools (CCPS) to serve on the Community Policy
and Management Team. Ms. Hollins will replace Mr. Michael Asip as the CCPS
representative.
Ms. Hollins meets all eligibility requirements to fill the vacancy and has
indicated her willingness to serve with a term ending 12/31/2018.
Under the existing Rules of Procedure, appointments to boards and committees
may be nominated and appointed at the same meeting. Nominees are voted on in
the order in which they are nominated.
'06105j
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of I
Meeting Date: March 29, 2017 Item Number: 13.B.I.
Subject:
Budget Amendment to the Schools Grant Fund
County Administrator's Comments:
County Administrator:
Board Action Requested:
Amend FY2017 school division appropriations to increase the grants fund by
$1,215,923.
Summary of Information:
The Board of Supervisors is requested to approve the increase in
appropriations to the grants fund by $1,215,923, the net amount, to date,
by which actual grant awards have exceeded the FY2017 original
appropriations for those grants. This net increase is primarily driven by
approximately $1.27 million in additional Title I grant funding.
The additional Title I funds will be targeted to enhance instruction
through initiatives such as divisional support; additional staffing
(teachers and/or instructional assistants) at Elizabeth Scott, Hening,
Falling Creek, Ettrick, and Beulah elementary schools; after-school
tutoring; in -class libraries; and Chromebooks. Additionally, the funds
will be utilized to expand parent involvement and increase professional
development opportunities.
The School Board has approved this action and the accompanying memorandum
is attached to this item. If outside resources are reduced or eliminated,
the additional positions and required funding will be reevaluated.
Preparer: Matt Harris Title: Director, Budget and Management
-------------
Attachments: YesNo # 0 G 0
---------- I
CHESTERFIELD COUNTY PUBLIC SCHOOLS
CHESTERFIELD, VIRGINIA
CCPS MEMORANDUM #16 (2017)
TO: SCHOOL BOARD
FROM: JAMES F. LANE
February 14, 2017
SUBJECT: MIDYEAR REVIEW OF THE FY2017 ANNUAL FINANCIAL PLAN
PERTINENT INFORMATION
On May 10, 2016, the School Board adopted an annual financial plan totaling $651,789,500 in all funds.
The FY2017 Financial Report reflecting actual revenues and expenditures as of December 31, 2016 as well
as a year-end projection for each fund is at Attachment A.
Operating Fund
Based on trends and information currently available to staff, the ending balance for the operating fund is
projected to be $14.6M net of projected losses of revenue reported during the first quarter review. The
following charts provides further information regarding this projected balance:
Projected Available Balance
$14.6
Funding of Subsequent Budgets
(3.0)
School Bus Replacements
(1.0)
Debt Reserve
(3.0)
Potential Reserve for Supplemental Retirement (based on retiree salary savings
surplus above required payment)
(2.2)
Remaining Balance
$5.2
All dollars are in millions
It should also be noted that this projection includes a number of vacancies in operations, transportation,
and instruction and is likely to be revised downward as vacancies are filled throughout the remainder of the
year. The status of the vacancies will be monitored throughout the year and the projection will be adjusted
based on the number of vacancies that are filled. For the present time, however, absent any other
changes, the adjustments for the required set asides will result in a fund balance that is less than one
percent of the adopted operating budget.
Uy 10 �
Grants Fund
There are a number of grant changes based on actual awards as compared to the adopted budget. These
changes are outlined in Attachment B and will require, collectively, an increase in the Instruction
appropriation category for the grants fund from the Board of Supervisors.
There are no changes to report at this time for the food services fund.
RECOMMENDED ACTION
The Superintendent recommends that the School Board approve the request to the Board of Supervisors
(Attachment C) for an appropriation increase in the Instruction appropriation category of $1,215,923 for the
actual grant awards that exceeded the amount in the adopted budget.
JFUCAS/sn
Attachments
Attachment A - Financial Fie art far the Period Endin December 31 2010
0
Attachment B
FY2017 Grant changes:
Grant Name
FY2017 Adopted
Actual Award
Net Change
Headstart
$ 1,329,500
$ 1,353,467
$ 23,967
Project Graduation
100,000
75,000
(25,000)
21 st Century -Christian
166,700
88,524
(78,176)
21st Century -Ettrick
188,700
81,342
(107,358)
21st Century -Falling Creek ES
188,200
132,691
(55,509)
21st Century-Harrowgate
187,900
157,667
(30,233)
21st Century -Falling Creek MS
187,000
138,738
(48,262)
21st Century -Carver Carver
and Career Academy
180,000
-
(180,000)
AEFLA
245,000
228,969
(16,031)
Title I Part D
40,000
-
(40,000)
IDEA
11,100, 000
11, 569,621
469,621
Bensley Tutorial
30,000
34,739
4,739
Title 11
1,120, 000
1,100,171
(19, 829)
063
Grant Name
FY2017 Adopted
Actual Award
Net Change
Title III LEP
355,000
344,453
(10,547)
Title III Immigrant
20,000
22,933
2,933
Title 1
6,000,000
7,272,480
1,272,480
Carl Perkins
600,000
622,009
22,009
Safe Routes to Schools
35,000
63,000
28,000
ISAEP
47,200
50,319
3,119
$ 22,120,200
$ 23,336,123
$ 1,215,923
Memo #16
Attachment C
VIRGINIA: At a regularly scheduled meeting of the Chesterfield County School Board held Tuesday
evening, May 10, 2016, at 6:30 pm in the Public Meeting Room at the Chesterfield County government
complex
PRESENT: Javaid Siddiqi, Chair
John Erbach, Vice -Chair
Carrie Coyner
Dianne Smith
Rob Thompson
RESOLUTION
WHEREAS, there is a need to for an increase in the FY2017 appropriation for the grants fund as shown on
Schedule A; NOW, THEREFORE, BE IT RESOLVED, that on motion of seconded
by , the School Board hereby requests the Board of Supervisors to increase the
appropriation for Instruction in the grants fund by $1,215,923, the amount by which actual grants awards to
date have exceeded the original appropriation for those grants.
Adrienne Hairston, Clerk
James F. Lane, Superintendent
"tn
' ,; , j
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: March 29, 2017 Item Number: 13.13.2.
Subject:
Award Construction Contract to Virtexco Corporation for Renovations to the
Central Library Building
County Administrator's Comments:
County Administrator:
Board Action Requested:
Authorize the Director of Purchasing to execute a contract with Virtexco
Corporation in the amount of $3,686,400 to renovate the Central Library
Building located at 9501 Lori Road.
Summary of Information:
The renovations to the Chesterfield County Central Library will provide a
more efficient floor plan including the build out of approximately 6,000
square feet of unfinished space built in 1991. The public space will be
renovated with new finishes, assembly space, business center, law library,
local history library and a new entrance. A portion of the space located in
the original 1975 building is to be renovated and adapted for occupancy by
the Chesterfield County Cooperative Extension Office.
The County received five (5) bids on March 1, 2017. The lowest bid came from
Virtexco Corporation, in the amount of $3,686,400. Existing appropriations
are sufficient to cover the cost of this contract. That said, the Central
Library project was originally coupled with renovations of the current
Cooperative Extension location and the Park administration building. Staff
is currently revisiting those phases and will present a revised scope,
schedule and budget at a later time.
Preparer: Clay Bowles
Preparer: Matt Harris
Attachments: El Yes
Title: Director of General Services
Title: Director of Budget and Management
No 66
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 2
Meeting Date: March 29, 2017 Item Number: 13.113.3.
I
Subiect:
Award a Requirements Contract for Electrical Arc Flash Engineering and
Analysis Services to RMF Engineering, Inc.
County Administrator's Comments:
County Administrator:
Board Action Requested:
Authorize the Director of Purchasing to execute a requirements contract with
RMF Engineering, Inc. for electrical arc flash engineering and analysis
services.
Summary of Information:
Arc flash is a violent explosion of electrical energy that can cause
substantial damage, ignition of nearby combustible materials, injury and
possibly death. It occurs during a fault or short circuit condition when
electrical energy forms a bridge in an air gap between two (2) electrodes
leading to ionization of air and generating temperatures as high as 35,000°F.
In accordance with OSHA regulations and National Electrical Code 70B
requirements, this contract will provide detailed analysis of electrical
systems, arc flash hazard assessments, apply appropriate equipment labeling,
recommend electrical system improvements for risk reduction, injury
prevention, safe working practices and provide employee training.
Preparer: Clay Bowles Title: Director of General Services
Preparer: Matt Harris Title: Director of Budget and Management
Attachments: Yes No
1:1 M # L"J�p 00 67
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 2 of 2
AGENDA
These services will be performed on a prioritized multi-year basis across the
County and the Chesterfield County Public Schools' (CCPS) system. Estimated
expenditures for the County will be $30,000 in FY2017 to assess three (3)
high-priority facilities and $135,000 annually thereafter until studies are
complete. A companion agenda item has been developed for consideration by
CCPS' Board.
Existing major maintenance appropriations are sufficient to cover the FY2017
costs. Moving forward, these costs will be programed into the major
maintenance program through General Services.
Multiple proposals were received for these services, and it was the unanimous
recommendation of the County and CCPS' evaluation committee that RMF
Engineering, Inc. be awarded the contract based on their overall experience
and approach to delivering the required services.
plell .11 "10V
AGENDA
Page 1 of 1
Meeting Date: March 29, 2017 Item Number: 13.B.4.
Subiect:
Award of Contract to Guernsey Tingle for Architectural and Engineering
Services for Fire and Emergency Medical Services Facilities
County Administrator's Comments:
County Administrator:
Board Action Requested:
Authorize the County Administrator to execute a requirements contract with
Guernsey Tingle for architectural and engineering services associated with
Fire and EMS facilities.
Summary of Information:
Following a request for proposals and interviews with five of the nine
submitting firms, Guernsey Tingle was chosen to provide architectural and
engineering services for Fire and EMS facilities. These services will include
site evaluation, programming of space needs, planning, basic professional
architectural and engineering services, civil engineering, roofing repairs
and/or replacements, landscape design, electrical engineering, mechanical
engineering, interior design, and other associated professional services for
renovation of buildings or portions of buildings and/or building or equipment
systems. As the Magnolia Green/North Woodlake, Midlothian, and Matoaca
fire/EMS stations are designed, utilizing the same architect will provide
opportunities to replicate common design features allowing economies of scale
to be applied. Specific architectural elements will be incorporated into the
station design to ensure compatibility with the community being served.
Preparer: Edward L. Senter, Jr. Title: Fire Chief
Attachments Yes No
ffU-AK"l•TF-SlIVEK! 111,
4GEND4
Page 1 of 1
Meeting Date: March 29, 2017 Item Number: 13.13.5.
Subiect:
Acceptance of State Roads
County Administrator's Comments:
County Administrator:
Board Action Requested:
Adoption of resolutions for the referenced state roads acceptances.
Summary of Information:
Matoaca District: Summer Lake Section 9
Midlothian District: Roxshire Section 15
Preparer: Scott B. Smedley
Attachments: Yes F-1 No
Title: Director, Environmental Engineering
0 0 70
TO: Board of Supervisors
FROM: Department of Environmental Engineering
SUBJECT. State Road Acceptance- Summer Lake Section 9
DISTRICT Matoaca
MEETING DATE: March 29, 2017
ROADS FOR CONSIDERATION: BootsyCt Shoreland Dr
Easter Rd Singing Bird Dr
Jenkip Ct Wild Bird Ct
Offer Dr
Vicinity Mapi: Summer Lake Section 9
pmduood E� ChosignWa County Gibs
TO: Board of Supervisors
FROM: Department of EmAronmental Engineering
SUBJECT State Road Acceptance- Roxshire Section 15
DISTRICT Midlothian
MEETING DATE: March 29, 2017
17,15 �219 I
Vicinity Map: Roxshire Section 15
Produo9d � CftesbrWd CoUntj G"
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 1 of 1
AGENDA
Meeting Date: March 29, 2017 Item Number: 13.113.6.
Subiect:
Request to Quitclaim a Portion of a Variable Width Impoundment Easement
Across Property of Ashlake, LLC
County Administrator's Comments:
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 variable
width impoundment easement across property of Ashlake, LLC.
Summary of Information:
Ashlake, LLC has requested the vacation of a portion of a variable width
impoundment easement across its property as shown on the attached plat. The
easement was for the impoundment of water for Swift Creek Reservoir but the
property owner was allowed to grade the property to mitigate wetlands for
Clover Hill Estates subdivision in 1998. This request has been reviewed by
Utilities and Environmental Engineering.
Approval is recommended.
District: matoaca
Preparer: John W. Harmon Title: Real Property Manager
Attachments: Yes No
F-1
0 0 73
VICINITY SKETCH
Request to Quitclaim a Portion of a Variable Width
Impoundment Easement Across Property of Ashlake, LLC
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 1 of I
AGENDA
Meeting Date: March 29, 2017 Item Number: 13.B.7.
Subiect:
Designation of Virginia Department of Transportation Drainage Easements for
Horner Park Road
County Administrator's Comments:
County Administrator:
Board Action Requested:
Designate VDOT drainage easements for Horner Park Road, vacate the
designation of a portion of an existing drainage easement along Horner Park
Road and authorize the County Administrator to execute the Designation.
Summary of Information:
On February 14, 2007 the Board designated right of way and easements for
Horner Park Road. The revised plan for Horner Park requires designation of
variable width VDOT drainage easements adjacent to Horner Park Road. A
portion of an existing VDOT drainage easement is no longer needed. This
request has been reviewed by the county site plan team and Parks and
Recreation.
Approval is recommended.
District: matoaca
Preparer: John W. Harmon
Title: Real Property Manager
Attachments: 0 Yes 1-1 No
VICINITY SKETCH
Designation of Virginia Department of Transportation
Drainage Easements for Horner Park Road
MEM
R
BRANc,H
Designation of Drainage
@NWEM,,
IN Chesterfield County Depadinert of Ultil Ries
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 1 of 1
AGENDA
Meeting Date: March 29, 2017 Item Number: 13.8.8.
Subiect:
Approval of Lease Extension for the Temporary Hull Street Road Police Station
County Administrator's Comments:
County Administrator:
Board Action Requested:
Approve a two-year extension to the lease with Woodlake Retail, LLC, for 1500
square feet of office space at 6812 Woodlake Commons Loop for the temporary
Hull Street Police Station and authorize the County Administrator to execute
the lease extension.
Summary of Information:
Staff has negotiated a two-year
31, 2019) for the temporary Hull
per year. This is the same rate
cost of the lease are included
Department is currently reviewing
in future years.
Approval is recommended.
District: matoaca
lease extension (September 1, 2017 - August
Street Police Station at a cost of $27,810
as the existing lease. Funds for the FY2018
in the proposed FY2018 budget. The Police
options for a permanent Hull Street Station
Preparer: John W. Harmon Title: Real Property Manager
Preparer: Matt Harris
Attachments: 0 Yes
Title: Director of Budget and Management
❑ No
# (I �' r- 0,
"J 00
VICINITY SKETCH
Amendment of Lease of Property for the
Temporary Hull Street Police Station
N
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Amendment of Lease of
Property for the Temporary
Hull Street Police Station
- - - - - - - - - - - - -
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HULLT ROAD
STREE. ./I
N Chesterfield County Right of Way Office
W March 7, 2017
1 inch = 351 .17 feet
IN
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 1 of 1
AGENDA
Meeting Date: March 29, 2017 Item Number: 1133.9.
Subiect:
Set a Public Hearing to Consider the Abandonment of a Portion of Deergrove
Road, State Route 7333
County Administrator's Comments:
County Administrator:
Board Action Requested:
Adopt the attached resolution setting a public hearing for May 24, 2017;
approving the posting and publishing of notices; and notifying the
Commissioner of Highways of the County's intention to consider the
abandonment of a portion of Deergrove Road, State Route 7333, from the
Secondary System of State Highways.
Summary of Information:
Hy -Tech Property Services, Inc. has requested the abandonment and vacation of
a portion of Deergrove Road, State Route 7333, for the Hy -Tech development.
The Board of Supervisors is requested to adopt the attached resolution to set
a public hearing for May 24, 2017; to post and publish notices; and notify
the Commissioner of Highways of the County's intention to consider the
abandonment of the portion of Deergrove Road, State Route 7333, shown on the
attached map from the Secondary System of State Highways. Upon certification
of no necessity by the Commissioner of Highways the Board will be requested
to vacate the right of way.
Approval is recommended.
District: Clover Hill
Preparer: John W. Harmon
Attachments: 0 Yes
Title: Real Property Manager
F� No #
VICINITY SKETCH
Set a Public Hearing to Consider the Abandonment
of a Portion of Deergrove Road, State Route 7333
Portion of Deergrove Road,
State Route 7333, to be
Abandoned, 0.01 Miles
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01,
IN Chesterfield County Right of Way Office
E March 7, 2017
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Changes in the Secondary System of State Highways;
Deergrove Road, State Route 7333,
Chesterfield County, Virginia
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MAIN
CHESTERFIELD COUNTY: At a regular
meeting of the Board of Supervisors, held in the
Public Meeting Room at the Chesterfield
Administration Building on March 29, 2017, at
6:30 p.m.
RESOLUTION
Resolution of Chesterfield County's intention to consider a Resolution and Order to abandon a
portion of Deergrove Road, State Route 7333.
Pursuant to Section 33.3-909 of the Code of Virginia, 1950, as amended, be it resolved that the
Chesterfield County Board of Supervisors hereby gives notice that at a public hearing to be held on
May 24, 2017, it will consider a Resolution and Order to abandon a portion of Deergrove Road, State
Route 7333, a distance of 0.01 miles, since it serves no public necessity and is no longer needed as
part of the Secondary System of State Highways.
Accordingly, the Clerk of the Board shall send a copy of this Resolution to the Commissioner of
Highways. The clerk shall further cause to be published and posted the required notices of the
Board's intention to abandon a portion of Deergrove Road, State Route 7333.
Certified By:
Janice Blakley
Clerk to the Board of Supervisors
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 1 of 2
AGENDA
Meeting Date: March 29, 2017 Item Number: 13.8.10.
Subiect:
Authorization to Transfer Funds, Appropriate Funds and Award Construction
Contracts for the Horner Park and Lake Chesdin Trail Projects
County Administrator's Comments:
County Administrator:_
Board Action Requested:
The Board is requested to transfer $182,500 in county appropriations and
$182,500 in anticipated VDOT reimbursements from the Route 360 (Winterpock
to Woodlake Village Pkwy) Widening project to the Horner Park Trail project
($92,500 county, $92,500 VDOT) and the Lake Chesdin project ($90,000 county,
$90,000 VDOT); transfer $150,000 in appropriated developer contributions
from the Bikeways and Trail Systems project to the Horner Park Trail project
($75,000) and the Lake Chesdin Trail project ($75,000); authorize the award
of construction contracts, up to $565,500 for Horner Park Trail and $296,000
for Lake Chesdin Trail, to the lowest responsive and responsible bidders;
and authorize the Director of Purchasing to execute all necessary change
orders, up to the full amount budgeted for the Horner Park and Lake Chesdin
Trail projects.
Summary of Information:
In September 2014, the Board designated the FY16 Revenue Sharing projects,
which included the Horner Park and Lake Chesdin Trail projects. Funding for
the trail projects became available July 1, 2015.
Preparer: Jesse W. Smith — Title: Director of Transportation
Preparer: Matt Harris Title: Director of Budget and Management
Attachments: YesF❑ No
U 7
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 2 of 2
AGENDA
Based on the most recent cost estimates, additional funds are needed for the
Horner Park and Lake Chesdin Trail projects. Staff has identified two sources
of funds that could be used to supplement the existing funding on the
projects: Bikeways and Trail Systems project and the available balance of
revenue sharing funds on the completed Route 360 (Winterpock Road to Woodlake
Village Parkway) Widening project.
The Horner Park and Lake Chesdin Trail projects are anticipated to be
advertised for construction in June. If favorable bids are received,
construction is anticipated to begin in late summer and should be completed
in three months.
Recommendation:
Staff recommends the Board take the following actions for the Horner Park
Trail project:
1. Authorize the county administrator to request the Virginia Department
of Transportation to transfer $92,500 in state revenue sharing funds
from the Route 360 (Winterpock Road to Woodlake Village Parkway)
Widening project;
2. Transfer $92,500 in anticipated VDOT reimbursements and $92,500 in
county appropriations for the required match from the Route 360
(Winterpock Road to Woodlake Village Parkway) Widening project;
3. Transfer $75,000 in appropriated developer contributions from the
Bikeways and Trails System project;
4. Authorize the award of a construction contract, up to $565,500, to the
lowest responsive and responsible bidder; and
5. Authorize the Director of Purchasing to execute all necessary change
orders for the work, up to the full amount budgeted for the project.
Staff recommends the Board take the following actions for the Lake Chesdin
Trail project:
6. Authorize the county administrator to request the Virginia Department
of Transportation to transfer $90,000 in state revenue sharing funds
from the Route 360 (Winterpock Road to Woodlake Village Parkway)
Widening project;
7. Transfer an additional $90,000 in anticipated VDOT reimbursements and
$90,000 for the required match from the Route 360 (Winterpock Road to
Woodlake Village Parkway) Widening project;
8. Transfer $75,000 in appropriated developer contributions from the
Bikeways and Trails System project;
9. Authorize the award of a construction contract, up to $296,000, to the
lowest responsive and responsible bidder; and
10.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 U �_J �.Yi
. I , 0 0
Date
Source
Amount
7/1/15
Revenue Sharing
$400,000
Construction Engineering
(VDOT: $200,000; County: $200,000)
Construction
3129117
PROPOSED: Parks & Recreation Funds
$75,000
Total
(11801 C2 Countywide, Bikeways)
PROPOSED: Revenue Sharing Transfer from
3129117
completed Route 360 (Winterpock to
$185,000
Woodlake) Widening project
(VDOT. $ 92,500; County: $ 92,500)
TOTAL
$660,000
J
W�JA
ilk' �*
Preliminary Engineering
$67,500
Right -of -Way
$0
Utility Relocation
$0
Construction Engineering
$25,000
Construction
$455,500
Construction Contingency
$110,000
Total
$658,000
Lake Chesdin Trail Project
PROJECT BUDGET
Date
Source
Amount
7/1/15
Revenue Sharing
$120,000
Construction Engineering
(VDOT: $60,000; County: $60,000)
Construction
3129117
PROPOSED: Parks & Recreation Funds
$75,000
Total
(11801 C2 Countywide Bikeways)
PROPOSED: Revenue Sharing Transfer from
3129117
completed Route 360 (Winterpock to
$180,000
Woodlake) Widening project
(VDOT.- $ 90,000; County: $ 90,000)
TOTAL
$375,000
Preliminary Engineering
$45,000
Right -of -Way
$0
Utility Relocation
$5,000
Construction Engineering
$25,000
Construction
$231,000
Construction Contingency
$65,000
Total
$371,000
Meeting Date: March 29, 2017
Subiect:
Adopt a Resolution
(VRA) Special Fund
at Stonebridge
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 2
Item Number: 13.13.11.a.
Authorizing the Issuance of Virginia Resources Authority
Revenue Bonds for Financing a New Indoor Sports Facility
County Administrator's Comments:
County Administrator:
Board Action Requested:
Adopt a resolution granting authorization and providing for the issuance and
delivery of Virginia Resources Authority Special Fund Revenue Bonds not to
exceed $7,595,000 for a portion of the financing associated with a new indoor
sports facility at Stonebridge.
Summary of Information:
The financing will allow for the construction of a 50,000 square -foot indoor
sports facility at Stonebridge, the former Cloverleaf Mall site. This
facility will be home to a new public-private partnership between Richmond
Volleyball Club (RVC), a non-profit 501(c)3 organization, and Chesterfield
County Parks and Recreation. RVC, which originated in 1981, has promoted
active lifestyles through year-round athletic programs for adults and juniors
with almost 400 visitors participating in programs daily, and RVC will bring
these efforts to Chesterfield County with this project. Further, RVC
sponsored tournaments will provide a major boost to the County's ongoing
sports tourism initiative. The addition of this facility will allow RVC to
Preparer: Matt Harris
Attachments: 0 Yes
Title: Budget & Management Director
1-1 No
0110,11,
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 2 of 2
AGENDA
Summary of Information (continued):
increase their one -day tournaments, which occur almost every weekend from
January to May, by approximately 32 teams each day. Additionally, this
facility will allow for an increase in the number of team entries, previously
limited due to space limitations, to two major tournaments held twice a year,
the combined Boys' East Coast Championships/Girls' South Atlantic
Championships, and the Monument City Classic. These two tournaments alone
generate approximately $9 million dollars in positive economic impact.
RVC will lease the majority of the facility for their programs, while 5,000
square -feet of the facility will be dedicated Parks and Recreation space for
senior programming to include classes, workshops, and special events as well
as other recreational opportunities. In addition to the dedicated space,
Parks will also have access to the RVC portion of the facility for large
scale programming Monday through Friday. In addition to being a recreational
resource to county residents and a further boost to local sports tourism
efforts, this project is another key milestone in the redevelopment of the
former Cloverleaf Mall site and the broader revitalization of eastern
Midlothian Turnpike. Anticipated completion date of this facility is
December 2017.
In order to finance the facility, Chesterfield County will be included in the
pooled Spring Virginia Resources Authority (VRA)issuance for approximately $7
million, allowing for the County to take advantage of an abbreviated issuance
process and reduced cost of issuance. This tax exempt debt will be serviced
via monthly rent payments from the tenant -- RVC is entering into a ten-year
lease with a ten-year renewal -- and general fund reserves that correspond to
the county use of the facility. The Spring VRA issue is projected to close
in early May. This project will be added as an amendment to the FY2017 CIP,
and therefore the appropriation of the funding will be included as part of
budget adoption in April. Staff recommends approval.
-42
RESOLUTION AUTHORIZING AND PROVIDING FOR THE
ISSUANCE OF A COUNTY PROJECT VRA SPECIAL FUND
REVENUE BOND, SERIES 2017, OF THE COUNTY OF
CHESTERFIELD, VIRGINIA, IN A PRINCIPAL AMOUNT
NOT TO EXCEED $7,595,000 TO BE SOLD TO THE
VIRGINIA RESOURCES AUTHORITY, AND PROVIDING
FOR THE FORM, DETAILS AND PAYMENT THEREOF
WHEREAS, the Board of Supervisors (the "Board") of the County of Chesterfield, Virginia
(the "County"), has determined that it is necessary and expedient to issue and sell its County Project
VRA Special Fund Revenue Bond, Series 2017 (the "Bond"), to the Virginia Resources Authority
("VRA") and use the proceeds thereof (a) to finance certain capital improvement projects for the
County, including but not limited to the construction of a 50,000 -square foot building for use by the
County and a recreation -focused non-profit (the "Project"), and (b) to pay the related costs of
issuance;
WHEREAS, the County has applied to VRA for the purchase of the Bond, and VRA has
indicated its willingness to purchase the Bond from the proceeds of one or more series of its
Infrastructure and State Moral Obligation Revenue Bonds (Virginia Pooled Financing Program)
(collectively, the "VRA Bonds"), in accordance with the terms of a Local Bond Sale and Financing
Agreement (the "Financing Agreement"), between VRA and the County, the form of which has been
made available in the papers for this meeting of the Board;
WHEREAS, pursuant to the Financing Agreement, the County will set forth the amount of
VRA Bond proceeds requested in an amount not to exceed $7,100,000 to finance the Project and pay
the related costs of issuance (the "Proceeds Requested"), and the par amount necessary to generate
the Proceeds Requested shall not exceed an aggregate principal amount of $7,595,000;
WHEREAS, pursuant to the Financing Agreement, VRA will agree to pay to the County a
purchase price for the Bond that, in VRA's judgment, reflects the Bond's market value (the "VRA
Purchase Price Objective"), taking into consideration such factors as the maximum authorized
principal amount of the Bond, the purchase price to be received by VRA for the VRA Bonds, the
issuance costs of the VRA Bonds (consisting of the underwriters' discount and other costs incurred
by VRA) and other market conditions relating to the sale of the VRA Bonds;
WHEREAS, VRA's determination of the VRA Purchase Price Objective may result in the
Bond having a purchase price other than par and consequently (a) the County may have to issue the
Bond in a principal amount that is greater than or less than the Proceeds Requested in order to
receive an amount of proceeds substantially equal to the Proceeds Requested or (b) if the maximum
authorized principal amount of the Bond set forth in Section 3 below does not exceed the Proceeds
Requested by at least the amount of any discount, the purchase price to be paid to the County, given
the VRA Purchase Price Objective and market conditions, will be less than the Proceeds Requested;
3
WHEREAS, the Bond shall constitute a limited obligation of the County to snake payments
thereunder subject to, and solely conditioned upon, an appropriation being made by the Board in
each fiscal year in which the Bond is outstanding to pay amounts coming due with respect to
principal of and interest on the Bond for such fiscal year;
WHEREAS, pursuant to the Financing Agreement, the County will agree to establish a
special fund within the County's General Fund to be designated the 2017 County Project VRA
Special Fund (the "VRA Special Fund") into which special fund all moneys appropriated by the
County for the payment of amounts due under the Financing Agreement with respect to the Bond
shall be deposited; and
WHEREAS, the Bond shall not constitute a debt of, or a pledge of the faith and credit of, the
County, and shall be payable solely from funds on deposit in the VRA Special Fund from
appropriations, if any, made by the County in each fiscal year to pay amounts coming due under the
Financing Agreement with respect to the Bond for such fiscal year;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF
THE COUNTY OF CHESTERFIELD, VIRGINIA:
Authorization and Issuance of Bond and Use of Proceeds. Pursuant to the Constitution
and statutes of the Commonwealth of Virginia, including Section 62.1-216 of the Virginia Resources
Authority Act (Chapter 21, Title 62.1 of the Code of Virginia of 1950, as amended (the "Act")), the
Bond shall be issued and sold to VRA to provide funds to finance the Project and to pay the related
costs of issuance. The Bond shall be delivered to or upon the order of VRA upon VRA's payment of
the purchase price set forth in the Financing Agreement.
Authorization of Financing Agreement. The form of the Financing Agreement submitted
to this meeting is hereby approved. The County Administrator is authorized to execute and deliver
the Financing Agreement in substantially such form, with such completions, omissions, insertions
and changes not inconsistent with this Resolution as may be approved by the County Administrator,
whose approval shall be evidenced conclusively by the execution and delivery thereof. The issuance
and sale of the Bond to VRA shall be upon the terms and conditions set forth in the Financing
Agreement. The proceeds of the Bond shall be applied in the manner set forth in the Financing
Agreement. All capitalized terms used but not otherwise defined herein shall have the same
meanings as set forth in the Financing Agreement.
Bond Details. The Bond shall be issued as a single, registered bond, shall be designated
"County Project VRA Special Fund Revenue Bond, Series 2017," shall be numbered R-1 and shall
be dated the date that is 30 clays prior to the closing date of the VRA Bonds. The Board authorizes
the issuance and sale of the Bond to VRA on terms as shall be determined by VRA subject to VRA's
Purchase Price Objective and other market conditions described in the Recitals hereof, provided,
however, that the Bond shall be issued in an aggregate principal amount not to exceed $7,595,000,
shall have a "true" interest cost not to exceed 5.00% (exclusive of "Supplemental Interest" as
provided in the Financing Agreement), shall be payable in principal installments ending not later
than December 31, 2036. Subject to the preceding terms, the Board further authorizes the County
Administrator to accept the final terms presented by VRA, including (a) the final principal amount of
4 �(,l �,-�0ci�'
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the Bond, (b) the amortization schedule (including the principal installment dates and amounts) for
the Bond and (e) the optional and extraordinary redemption provisions, if any, of the Bond, all in
such manner as the County Administrator shall determine to be in the best interests of the County.
As set forth in the Financing Agreement, the County agrees to pay such "Supplemental
Interest" and other charges as provided therein, including such amounts as may be necessary to
maintain or replenish the Capital Reserve Fund. The principal of and premium, if any, and interest
on the Bond shall be payable in lawful money of the United States of America.
The actions of the County Administrator in accepting the final terms of the Bond shall be
conclusive, and no further action shall be necessary on the part of the Board.
Payment and Redemption Provisions of Bond. The principal of and premium, if any, and
interest on the Bond shall be payable as set forth in the Bond and the Financing Agreement. The
County may, at its option, redeem, prepay or refund the Bond upon the terms set forth in the
Financing Agreement.
Execution and Form of Bond. The Bond shall be signed by the Chairman or Vice
Chairman of the Board, and the County's seal shall be affixed thereon and attested by the Clerk or
Deputy Clerk of the Board. The Bond shall be issued as a typewritten bond in substantially the form
of Exhibit A attached hereto, with such completions, omissions, insertions and changes not
inconsistent with this Resolution as may be approved by the officers signing the Bond, whose
approval shall be evidenced conclusively by the execution and delivery of the Bond.
Limited Obligation of County, Subject to Appropriation. The Bond shall not constitute a
debt of the County. Neither the faith and credit nor the taxing power of the County shall be pledged
to the payment of the Bond. The Bond shall constitute a limited obligation of the County, payable
solely from, and contingent upon, funds, if any, on deposit in the VRA Special Fund established by
the County from the appropriations, if any, made by the Board in each fiscal year for payment of
amounts coming due with respect to the Bond in such fiscal year. Nothing in this Resolution, the
Financing Agreement or the Bond shall constitute a pledge of the faith and credit or the taxing power
of the County or compel the Board to make any appropriations for the payments of amounts due with
respect to the Bond and the Financing Agreement. The Board hereby recognizes that, although the
Board is not empowered to make any binding commitment beyond the current fiscal year, it is the
Board's current intention to make sufficient annual appropriations during the term of the Bond and
the Financing Agreement for deposit to the VRA Special Fund to be applied to the payment of
amounts due with respect to the Bond. The Board hereby directs the County Administrator, during
the term of the Bond and the Financing Agreement, to include as a separate line item in each annual
budget of revenues and disbursements presented to the Board an item designated as "VRA Special
Fund Payments" in an amount sufficient, in the judgment of the County Administrator, to make all
payments coming due from the County with respect to the Bond and the Financing Agreement during
such fiscal year.
Preparation of Printed Bond. The County shall initially issue the Bond in typewritten
form. Upon request of the registered owner and upon presentation of the Bond at the office of the
Registrar (as hereinafter defined), the County shall arrange to have prepared, executed and delivered
.: L;
5
in exchange as soon as practicable the Bond in printed form in an aggregate principal amount equal
to the unpaid principal of the Bond in typewritten form, in denominations of $5,000 and multiples
thereof, of the same form and maturity and registered in such names as requested by the registered
owners or their duly authorized attorneys or legal representatives. The printed Bond may be
executed by manual or facsimile signature of the Chairman or Vice Chairman of the Board, and the
County's seal is to be affixed thereto and attested by the Clerk or Deputy Clerk of the Board;
provided, however, that if both such signatures are facsimiles, no Bond shall be valid until it has
been authenticated by the manual signature of the Registrar and the date of authentication noted
thereon. The typewritten Bond surrendered in any such exchange shall be canceled.
Registration, Transfer and Owner of Bond. The County appoints the County Treasurer as
paying agent and registrar (the "Registrar") for the Bond. If deemed to be in its best interests, the
County may at any time appoint a qualified bank or trust company as successor Registrar. Upon
surrender of the Bond at the office of the Registrar, together with an assignment duly executed by the
registered owner or its duly authorized attorney or legal representative in such form as shall be
satisfactory to the Registrar, the County shall execute, and the Registrar shall authenticate and
deliver in exchange, a new Bond or Bonds having an equal aggregate principal amount, of the same
form and maturity, bearing interest at the same rate and registered in such name as requested by the
then registered owner or its duly authorized attorney or legal representative. Any such exchange
shall be at the expense of the County, except that the Registrar may charge the person requesting
such exchange the amount of any tax or other governmental charge required to be paid with respect
thereto.
The Registrar shall treat the registered owner as the person or entity exclusively entitled to
payment of principal of and premium, if any, and interest on the Bond and the exercise of all other
rights and powers of the owner, except that installments shall be paid to the person or entity shown
as owner on the registration books on the 15th day of the month preceding each interest payment
date.
Mutilated, Lost or Destroyed Bond. If the Bond has been mutilated, lost or destroyed, the
County shall execute and deliver a new Bond of like date and tenor in exchange and substitution for,
and upon cancellation of, such mutilated Bond or in lieu of and in substitution for such lost or
destroyed Bond; provided, however, that the County shall so execute and deliver only if the
registered owner has paid the reasonable expenses and charges of the County in connection therewith
and, in the case of a lost or destroyed Bond, (a) has filed with the County evidence satisfactory to the
County that such Bond was lost or destroyed and (b) has furnished to the County satisfactory
indemnity.
Preparation and Delivery of Bond. The officers of the County are authorized and directed
to take all proper steps to have the Bond prepared and executed in accordance with its terms and to
deliver it to VRA as the purchaser thereof upon receipt of the Purchase Price from VRA as set forth
in the Financing Agreement.
State Aid Intercept. The County acknowledges that VRA is treating the Bond as a "local
obligation" within the meaning of Section 62.1-199 of the Act, including amendments thereto taking
effect as of July 1, 2011, which in the event of a nonpayment thereunder authorizes VRA or the VRA
6 U U is
Trustee to file an affidavit with the Governor of the Commonwealth of Virginia that such
nonpayment has occurred pursuant to Section 62.1-216.1 of the Act. In purchasing the Bond, VRA
is further relying on Section 62.1-216.1 of the Act providing that if the Governor is satisfied that
such nonpayment has occurred, the Governor will immediately make an order directing the
Comptroller to withhold all further payment to the County of all funds, or of any part of them,
appropriated and payable by the Commonwealth of Virginia to the County for any and all purposes,
and the Governor will, while the nonpayment continues, direct in writing the payment of all sums
withheld by the Comptroller, or as much of them as is necessary, to VRA, so as to cure, or cure
insofar as possible, such nonpayment.
Establishment of VRA Special Fund. The Board hereby authorizes and directs the County
to establish the VRA Special Fund within the County's General Fund into which appropriations, if
any, made by the Board with respect to the Bond shall be deposited and to cause the VRA Special
Fund to be identified in the County's audited financial statements.
Tax Compliance A14reement; Tax Covenants. Such officers of the County as may be
requested are authorized and directed to execute and deliver a nonarbitrage certificate and tax
compliance agreement (the "Tax Compliance Agreement") in a form not inconsistent with this
Resolution as may be approved by the officers of the County executing such document, whose
approval shall be evidenced conclusively by the execution and delivery thereof. The Board
covenants on behalf of the County that the proceeds from the issuance and sale of the Bond will be
invested and expended as set forth in the Tax Compliance Agreement and that the County shall
comply with the other covenants and representations contained therein.
State Non-ArbitralZe Program. The Board has previously received and reviewed the
Information Statement, describing the State Non -Arbitrage Program of the Commonwealth of
Virginia ("SNAP"), and the Contract Creating the State Non -Arbitrage Program Pool (the
"Contract"), and the Board hereby authorizes the County Treasurer in his discretion to utilize SNAP
in connection with the investment of the proceeds of the Bond. The Board acknowledges that the
Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the
County in connection with SNAP, except as otherwise provided in the Contract.
Inclusion of County Information in Official Statement relating to VRA Bonds. The
County authorizes and consents to the inclusion of information with respect to the County contained
in VRA's Preliminary Official. Statement and VRA's Official Statement in final form, both prepared
in connection with the sale of the VRA Bonds. The County Administrator is authorized and directed
to take whatever actions are necessary or appropriate to aid VRA in ensuring compliance with
Securities and Exchange Commission Rule 15c2-12.
Reimbursement. The County intends that the proceeds of the Bond be used to reimburse the
County for expenditures with respect to the Project made on or after the date that is no more than 60
days prior to the date hereof (the "Expenditures"). The County reasonably expects on the date hereof
that it will reimburse the Expenditures with the proceeds of the Bond.
Each Expenditure was or will be, unless otherwise approved by bond counsel, either (a) of a
type properly chargeable to a capital account under general federal income tax principles (determined
7 ="Y
.,;` �i3
�i �9.
in each case as of the date of the Expenditure), (b) a cost of issuance with respect to the Bond, (c) a
nonrecurring item that is not customarily payable from current revenues or (d) a grant to a party that
is not related to or an agent of the County so long as such grant does not impose any obligation or
condition (directly or indirectly) to repay any amount to or for the benefit of the County.
The County intends to make a reimbursement allocation, which is a written allocation by the
County that evidences the County's use of proceeds of the Bond to reimburse an Expenditure, no
later than 18 months after the later of the date on which the Expenditure is paid or the Project is
placed in service or abandoned, but in no event more than three years after the date on which the
Expenditure is paid. The County recognizes that exceptions are available for certain "preliminary
expenditures," costs of issuance, certain de minimis amounts, expenditures by "small issuers" (based
on the year of issuance and not the year of expenditure) and expenditures for construction of at least
five years.
The County intends to make a reimbursement allocation, which is a written allocation by the
County that evidences the County's use of proceeds of the Bond to reimburse an Expenditure, no
later than 18 months after the later of the date on which the Expenditure is paid or the Project is
placed in service or abandoned, but in no event more than three years after the date on which the
Expenditure is paid. The County recognizes that exceptions are available for certain "preliminary
expenditures," costs of issuance, certain de minimis amounts, expenditures by "small issuers" (based
on the year of issuance and not the year of expenditure) and expenditures for construction of at least
five years.
The County intends that the adoption of this Resolution confirms the "official intent" within
the meaning of Treasury Regulations Section 1.150-2 promulgated under the Internal Revenue Code
of 1986, as amended.
Filing of Resolution. The appropriate officers or agents of the County are hereby authorized
and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the
County.
Further Actions. All other actions of officers of the County in conformity with the purposes
and intent of this Resolution and in furtherance of the issuance and sale of the Bond are hereby
ratified, approved and confirmed. The officers of the County are hereby authorized and directed to
execute and deliver all certificates and instruments and to take all such further action as may be
considered necessary or desirable in connection with the issuance, sale and delivery of the Bond.
Repeal of Conflicting Resolutions. All resolutions or parts of resolutions in conflict
herewith are repealed.
Effective Date. This Resolution shall take effect immediately.
The undersigned Clerk of the Board of Supervisors of the County of Chesterfield, Virginia,
hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting
of the Board of Supervisors held on March 29, 2017, and of the whole thereof so far as applicable to
the matters referred to in such extract. I hereby further certify that such meeting was a regularly
scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was
present. Members present at the meeting were: . Members absent from
the meeting were: . Members voting in favor of the foregoing resolution were:
Members voting against the foregoing resolution were:
Members abstaining from voting on the foregoing resolution
were:
WITNESS MY HAND and the seal of the Board of Supervisors of the County of
Chesterfield, Virginia, this day of , 2017.
[SEAL] Clerk, Board of Supervisors of the
County of Chesterfield, Virginia
0
�:�
Interest on this bond is intended by the issuer hereof to be included in gross income
for federal income tax purposes.
REGISTERED REGISTERED
�l
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
COUNTY OF CHESTERFIELD
County Project VRA Special Fund Revenue Bond
Series 2017
, 2017
The County of Chesterfield, Virginia (the "County"), a political subdivision of the
Commonwealth of Virginia, for value received, promises to pay to the Virginia Resources Authority,
or its registered assigns or legal representative ("VRA"), solely from the sources hereinafter
described and pledged to the payment of this bond the principal sum of
DOLLARS ($ ). Principal of this bond shall be payable in
annual installments in the amounts and on the dates set forth in Schedule I attached hereto. Interest
on this bond shall be payable on each _ and _, commencing
_, 20_, computed on the basis of a 360 -day year of twelve 30 -day months at the rates set forth in
Schedule 1.
If any installment of principal of and interest on this bond is not paid to the registered owner
of this bond within ten days after its due date, the County shall pay to VRA a late payment charge in
an amount equal to five percent (5%) of the overdue installment.
Subjectto the provisions of the Local Bond Sale and Financing Agreement dated as of
_, 2017 (the "Financing Agreement"), between VRA and the County, so long as this
bond is held by or for the account of VRA or its registered assigns or legal representative, interest is
payable by (i) check or draft mailed to the registered owner of this bond at the address that appears
on the 15th day of the month preceding each interest payment date on the registration books kept by
the County Treasurer, who has been appointed registrar and paying agent, or any successor bank or
trust company (the "Registrar"), or (ii) wire transfer pursuant to the most recent wire instructions
received by the Registrar from such registered owner, except that the final payment is payable upon
presentation and surrender of this bond at the office of the Registrar. Principal of and premium, if
any, and interest on this bond shall be payable in lawful money of the United States of America. In
case the payment date on this bond shall not be a Business Day (as defined below), then payment of
principal, premium, if any, and interest need not be made on such date, but may be made on the next
succeeding Business Day, and, if made on such next succeeding Business Day, no additional interest
A-1
0
shall accrue for the period after such payment date. "Business Day" means any Monday, Tuesday,
Wednesday, Thursday or Friday on which commercial banking institutions generally are open for
business in New York and Virginia.
This bond has been authorized by a resolution adopted by the Board of Supervisors of the
County (the "Board") on March 29, 2017, (the "Resolution"), and is issued pursuant to the
Constitution and statutes of the Commonwealth of Virginia, including the Section 62.1-216 of the
Virginia Resources Authority Act (Chapter 21, Title 62.1 of the Code of Virginia of 1950, as
amended), the Resolution and the Financing Agreement. Proceeds of this bond will be used to
provide funds (a) to finance certain capital improvement projects for the County, including but not
limited to the construction of a 50,000 -square foot building for use by the County and a recreation -
focused non-profit (the "Project"), and (b) to pay the related costs of issuance.
This bond is issued to evidence the undertakings of the County pursuant to the Financing
Agreement. Under the terms of the Financing Agreement, the County has agreed to make payments
to the Authority on this bond solely from, and to the extent of, annual appropriations, if any, made by
the Board for such purpose and deposited into the Special Fund (as defined in the Financing
Agreement). The undertaking of the County to make payments under the Financing Agreement and
this bond constitutes a current expense of the County, subject to, at all times and in all cases, annual
appropriation by the Board for such purpose. The undertaking of the County to make payments
under the Financing Agreement does not and shall not constitute a debt of the County within the
meaning of any constitutional or statutory limitation or a liability of or a lien or charge upon any
funds or property of the County (other than the lien granted pursuant to the Financing Agreement on
the Special Fund) beyond any fiscal year for which the Board has appropriated moneys to make such
payments. Nothing in this bond or in the Financing Agreement shall constitute a pledge of the faith
and credit or the taxing power of the County. Nothing in this bond or in the Financing Agreement
shall obligate the Board to make appropriations for deposit in the Special Fund or for any other
payment with respect to this bond or the Financing Agreement.
If any failure of the County to pay all or any portion of any required payment of the principal
of or premium, if any, or interest on this bond results in a withdrawal from any VRA Reserve (as
defined in the Financing Agreement), the interest rates applicable to this bond shall be increased to
interest rates sufficient to reimburse the VRA Reserve for any foregone investment earnings and/or
pay any interest, fees or penalties assessed as a result of the drawing on the VRA Reserve. The
increment of interest payable pursuant to the increase in rates shall be referred to as "Supplemental
Interest." The term "interest" as used in this bond shall include Supplemental Interest, when and if
payable. The County's obligation to pay Supplemental Interest shall commence on the date of
VRA's withdrawal of funds from the VRA Reserve occasioned by the County's failure to pay a
required payment or portion thereof as described above (the "Supplemental Interest Commencement
Date"). The County's obligation to pay Supplemental Interest shall terminate on the date on which
the County remedies such failure to pay by making all payments required but outstanding since the
date of such failure to pay (the "Supplemental Interest Termination Date"). From the Supplemental
Interest Commencement Date to the Supplemental Interest Termination Date, Supplemental Interest
shall be due and payable on the regularly scheduled interest payment dates provided for in this bond.
As soon as reasonably possible after the Supplemental Interest Commencement Date and before the
next regularly scheduled interest payment date provided for in this bond, VRA shall deliver to the
Q. 101
✓wr1
County a certificate as to the increase in interest rates and the amount of Supplemental Interest. The
certificate shall set forth in reasonable detail the basis for the increase in interest rates and the
manner of calculation of the increase and the amount of Supplemental Interest. Such certificate shall
be conclusive (absent manifest error) as to the interest rate increase and amount of Supplemental
Interest set forth therein. In determining the interest rate increase and the amount of Supplemental
Interest, VRA may use any reasonable averaging and attribution methods.
This bond may be redeemed, prepaid or refunded at the option of the County upon the terms
set forth in the Financing Agreement.
If an Event of Default (as defined in the Financing Agreement) occurs and is continuing, the
principal of this bond may be declared immediately due and payable by the registered owner by
written notice to the County.
This bond is issuable as a fully registered bond. Upon surrender of this bond at the
Registrar's office, together with an assignment duly executed by the registered owner or such
owner's duly authorized attorney or legal representative in such form as shall be satisfactory to the
Registrar, the County shall execute, and the Registrar shall authenticate and deliver in exchange, a
new bond or bonds in the manner and subject to the limitations and conditions provided in the
Resolution, having an equal aggregate principal amount, in authorized denominations, of the same
series, form and maturity, bearing interest at the same rate and in the same manner, and registered in
such names as requested by the then registered owner of this bond or such owner's duly authorized
attorney or legal representative. Any such exchange shall be at the County's expense, except that the
Registrar may charge the person requesting such exchange the amount of any tax or other
governmental charge required to be paid with respect to it.
The Registrar shall treat the registered owner of this bond as the person exclusively entitled
to payment of principal of and premium, if any, and interest on this bond and the exercise of all other
rights and powers of the owner, except that interest payments shall be made to the person shown as
the owner on the registration books on the 15th day of the month preceding each interest payment
date.
All acts, conditions and things required by the Constitution and statutes of the
Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this
bond have happened, exist and have been performed.
IN WITNESS WHEREOF, the County of Chesterfield, Virginia, has caused this bond to be
signed by the [Chairman/Vice Chairman] of the Board of Supervisors, its seal to be affixed hereto
and attested by the [Clerk/Deputy Clerk] of the Board of Supervisors, and this bond to be dated the
date first above written.
(SEAL)
[Chairman/Vice Chairman], Board of Supervisors
of the County of Chesterfield, Virginia
A-3 0 2
Attest:
[Clerk/Deputy Clerk], Board of Supervisors
of the County of Chesterfield, Virginia
w
0 3
ASSIGNMENT
FOR VALUE RECEIVED the undersigned sell(s), assign(s) and transfer(s) unto
(PI
ease print or type name and address, including postal zip code, of Transferee)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF TRANSFEREE:
the within bond and all rights thereunder, hereby irrevocably constituting and appointing
'Attorney,
to transfer said bond on the books kept for the registration thereof, with full power of substitution in
the premises.
Dated:
Signature Guaranteed
NOTICE: Signature(s) must be guaranteed
by an Eligible Guarantor Institution such
as a Commercial Bank, Trust Company,
Securities Broker/Dealer, Credit Union
or Savings Association who is a member
of a medallion program approved by The
Securities Transfer Association, Inc.
A-5
(Signature of Registered Owner)
NOTICE: The signature above must
correspond with the name of the
registered owner as it appears on the
front of this bond in every particular,
without alteration or enlargement or any
change whatsoever.
SCHEDULEITO
COUNTY OF CHESTERFIELD, VIRGINIA
COUNTY PROJECT VRA SPECIAL FUND REVENUE BOND
SERIES 2017
Principal Principal Principal
Installment Installment Installment Interest
Number Amount Due Date Rate
[to be completed after pricing of VRA Bonds]
we
LOCAL BOND SALE AND FINANCING AGREEMENT
between
VIRGINIA RESOURCES AUTHORITY
and
COUNTY OF CHESTERFIELD, VIRGINIA
Dated as of March 31, 2017
Virginia Resources Authority
Infrastructure and State Moral Obligation Revenue Bonds
(Virginia Pooled Financing Program)
Series 2017A
Special Fund
New Money
a �G
8813195v2 McGuireWoods LLP draft dated as of March 21, 2017
117_\.3111[1] [K17►f 01►tM
Page
ARTICLE I
DEFINITIONS
1
Section1.1 Definitions............................................................................................................. 1
Section 1.2 Rules of Construction............................................................................................ 4
ARTICLE II
REPRESENTATIONS
5
Section 2.1 Representations by VRA....................................................................................... 5
Section 2.2 Representations by Local Government................................................................. 5
Section 2.3 Representations Remade as of the Sale Date ........................................................ 7
ARTICLE III
PURCHASE OF THE LOCAL BOND
7
Section 3.1
Purchase of the Local Bond.................................................................................. 7
Section 3.2
Issuance Expenses................................................................................................. 8
Section3.3
Schedule 1.1.......................................................................................................... 8
Section 3.4
Conditions Precedent to Purchase of the Local Bond ...........................................
9
ARTICLE IV
USE OF PURCHASE PRICE
10
Section 4.1
Deposit of Purchase Price; Investment of Amounts in Local Account ...............
10
Section 4.2
Agreement to Accomplish Project......................................................................
10
Section 4.3
Disbursement of Purchase Price and Earnings ....................................................
11
Section 4.4
No Sufficiency Warranty by VRA; Local Government Required to
CompleteProject.................................................................................................
12
ARTICLE V
PLEDGE AND SECURITY
12
Section 5.1
Creation of Special Fund; Purpose and Application of Special Fund .................
12
Section 5.2
Pledge of Special Fund........................................................................................
12
Section 5.3
Obligations of Local Government Subject to Appropriation ..............................
13
Section 5.4
Budget of Local Government..............................................................................
13
', a., 0 1
07
-1-
TABLE OF CONTENTS (cont.)
Page
ARTICLE VI
PAYMENT AND REDEMPTION OF LOCAL BOND
13
Section 6.1 Payment of Local Bond and Related Amounts ................................................... 13
Section 6.2 Defeasance and Redemption of Local Bond ....................................................... 15
Section 6.3 Payments and Rights Assigned........................................................................... 16
Section 6.4 Obligations Absolute and Unconditional............................................................ 16
ARTICLE VII
OPERATION AND USE COVENANTS
16
Section7.1
Maintenance........................................................................................................
16
Section 7.2
Additions and Modifications...............................................................................
16
Section7.3
Permits.................................................................................................................
17
Section7.4
Use.......................................................................................................................
17
Section 7.5
Inspection and Local Government's Books and Records ....................................
17
Section7.6
Ownership...........................................................................................................
17
Section 7.7
Sale or Encumbrance...........................................................................................
17
Section 7.8
Construction Contractors....................................................................................
18
ARTICLE VIII
INSURANCE, DAMAGE AND DESTRUCTION
18
Section8.1 Insurance............................................................................................................. 18
Section 8.2 Requirements of Policies..................................................................................... 19
Section 8.3 Notice of Damage, Destruction or Condemnation .............................................. 19
Section 8.4 Damage and Destruction..................................................................................... 19
Section 8.5 Condemnation and Loss of Title......................................................................... 19
ARTICLE IX
SPECIAL COVENANTS
20
Section9.1 Tax Covenants..................................................................................................... 20
Section 9.2 Maintenance of Existence................................................................................... 20
Section 9.3 Financial Records and Statements...................................................................... 20
Section 9.4 Certification as to No Default and Tax Compliance ........................................... 20
TABLE OF CONTENTS (cont.)
Page
Section 9.5
Further Assurances..............................................................................................
21
Section 9.6
Assignment by Local Government......................................................................
21
Section 9.7
Continuing Disclosure.........................................................................................
21
Section 9.8
Other Indebtedness..............................................................................................
24
Section 9.9
Litigation; Material Change................................................................................
24
Section11.6
ARTICLE X
26
Section11.7
DEFAULTS AND REMEDIES
26
Section 11.8
24
27
Section 10.1
Events of Default.................................................................................................
24
Section10.2
Acceleration........................................................................................................
25
Section10.3
Other Remedies...................................................................................................
25
Section 10.4
Delay and Waiver................................................................................................
25
Exhibit C
ARTICLE XI
Exhibit D
MISCELLANEOUS
Exhibit E
25
Section 11.1
State Aid Intercept...............................................................................................
25
Section 11.2
Successors and Assigns.......................................................................................
26
Section11.3
Amendments.......................................................................................................
26
Section 11.4
Limitation of Local Government's Liability.......................................................
26
Section 11.5
Applicable Law...................................................................................................
26
Section11.6
Severability.........................................................................................................
26
Section11.7
Notices.................................................................................................................
26
Section 11.8
Right to Cure Default..........................................................................................
27
Section 11.9
Term of Agreement.............................................................................................
27
Section11.10
Counterparts........................................................................................................
27
Exhibit A
Form of Local Bond
Exhibit B
Description of the Project
Exhibit C
Pending or Threatened Actions, Suits, Proceedings, or Investigations
Exhibit D
Form of Requisition
Exhibit E
Operating Data
Exhibit F
Form of Opinion of Counsel to the Local Government
Exhibit G
Form of Certification as to No Default and Tax Compliance
Schedule 1.1 Final Terms
CI
i
LOCAL BOND SALE AND FINANCING AGREEMENT
This LOCAL BOND SALE AND FINANCING AGREEMENT is dated as of March
31, 2017, and is between the VIRGINIA RESOURCES AUTHORITY, a public body
corporate and a political subdivision of the Commonwealth of Virginia ("VRA"), and the
COUNTY OF CHESTERFIELD, VIRGINIA, a political subdivision of the Commonwealth of
Virginia (the "Local Government").
A. VRA intends to issue its Related Series of VRA Bonds, as hereinafter defined,
and to use a portion of the proceeds thereof to acquire from the Local Government the Local
Bond, as hereinafter defined.
B. VRA and the Local Government wish to set forth herein certain terms, conditions
and provisions related to the purchase of the Local Bond, the application of the proceeds thereof,
the payment of the debt service thereon and the security therefor, and the use and maintenance of
the Related Financed Property, as hereinafter defined.
NOW, THEREFORE, VRA and the Local Government agree as follows:
ARTICLE I
DEFINITIONS
Section 1.1 Definitions. Each capitalized term contained in this Agreement has the
meaning set forth below:
"2017A Acquisition Fund" has the meaning set forth in the Related Supplemental
Series Indenture.
"Act" means the Virginia Resources Authority Act, Chapter 21, Title 62.1 of the Code of
Virginia of 1950, as amended.
"Agreement" means this Local Bond Sale and Financing Agreement dated the date first
written above, between VRA and the Local Government, as modified, altered, amended or
supplemented in accordance with the terms hereof.
"Business Day" means any day on which commercial banking institutions are generally
open for business in New York, New York and Richmond, Virginia.
"Closing Date" means May 24, 2017, or such other date as may be determined by VRA.
"Commonwealth" means the Commonwealth of Virginia.
"Consulting Engineer" means the Local Engineer or the Outside Engineer.
"Effective Date" means March 31, 2017.
"Event of Default" has the meaning set forth in Section 10.1.
.10
"Financing Parameters" means the parameters established by the governing body of
the Local Government regarding the terms and conditions of the Local Bond, which may include
a maximum par amount, maximum "true" interest cost or targeted savings.
"Fiscal Year" means the 12 -month period beginning July 1 of one year and ending on
June 30 of the following year, or if the Local Government has established another 12 -month
period as its annual accounting period such other 12 -month period.
"Government Obligations" means direct obligations of, or obligations the payment of
the principal of and interest on which is unconditionally guaranteed by, the United States of
America.
"Local Account" means the local account established for the Local Bond within the
2017A Acquisition Fund.
"Local Authorization" means the resolution adopted on March 29, 2017, by a majority
of the members of the governing body of the Local Government approving (i) the transactions
contemplated by and authorizing the execution and delivery of the Local Bond Documents and
(ii) the execution, issuance and sale of the Local Bond subject to the Financing Parameters.
"Local Bond" means the Local Government's County Project VRA Special Fund
Revenue Bond, Series 2107, issued in the original principal amount set forth in Schedule 1.1, as
such bond may be amended or modified.
"Local Bond Documents" means this Agreement and the Local Tax Document.
"Local Engineer" means an officer or employee of the Local Government so designated
in writing by a Local Representative, which officer or employee (i) is licensed as a professional
engineer in Virginia, (ii) has recognized standing and experience in the design and construction
of facilities similar to the Project and (iii) is subject to VRA's reasonable approval.
"Local Government" means the County of Chesterfield, Virginia.
"Local Representative" means (i) the chair or vice chair of the governing body of the
Local Government, (ii) the chief executive officer of the Local Government and (iii) any other
official or employee of the Local Government authorized by resolution of the governing body of
the Local Government to perform the act or sign the document in question.
"Local Tax Document" means the Nonarbitrage Certificate and Tax Compliance
Agreement dated the Closing Date, between the Local Government and VRA, as modified,
altered, amended and supplemented.
"Master Indenture" means the Master Indenture of Trust dated as of December 1, 2003,
between VRA and the Trustee, as modified, altered, amended and supplemented in accordance
with its terms.
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"Outside Engineer" means a firm of independent consulting engineers with recognized
standing in the field of structural engineering and licensed asp rofessional engineers in Virginia
that the Local Government designates in writing, subject to VRA's reasonable approval.
"Proceeds Requested" means $7,100,000 or such other amount requested in writing by
the Local Government and approved by VRA prior to the Sale Date.
"Project" means the project described in Exhibit B.
"Project Budget" means the budget for the Project set forth in Schedule 1.1.
"Project Costs" means the costs of the Project to the extent such costs are included in
the definition of "cost" set forth in Section 62.1-199 of the Act, and includes the refunding of
obligations of VRA or the Local Government issued to finance or refinance "costs" set forth in
Section 62.1-199 of the Act.
"Purchase Price" has the meaning set forth in Schedule 1.1 and represents the amount
received by the Local Government from the sale of the Local Bond to VRA. The Purchase Price
of the Local Bond will be determined by adding to or subtracting from the portion of the par
amount of the Related Portion of VRA Bonds the Local Government's share of the net original
issue premium or discount on the Related Series of VRA Bonds and by subtracting from the par
amount of the Related Portion of VRA Bonds the Local Government's share of VRA's expenses
as set forth in Section 3.2 and the Local Government's share of the deposit on the Closing Date to
any applicable VRA Reserve. It is acknowledged that the Purchase Price does not include any
accrued interest on the Local Bond from its dated date to the Closing Date.
"Qualified Independent Consultant" means an independent professional consultant
having the skill and experience necessary to provide the particular certificate, report or approval
required by the provision of this Agreement in which such requirement appears, including
without limitation an Outside Engineer, and an independent certified public accountant or firm of
independent certified public accountants; provided, however, all Qualified Independent
Consultants are subject to the reasonable approval of VRA.
"Registrar" means the officer or employee of the Local Government designated under
the Local Authorization to maintain the registration books for the Local Bond.
"Related Financed Property" means the land, building, equipment and other property,
the acquisition, construction, renovation, or equipping of which was financed by the Local Bond
as part of the Project.
"Related Portion of VRA Bonds" means the portion of the Related Series of VRA
Bonds allocable to the Local Bond (as determined by VRA), including any bonds issued by VRA
to refund such Related Series of VRA Bonds in whole or in part.
"Related Series of VRA Bonds" means the Virginia Resources Authority Infrastructure
and State Moral Obligation Revenue Bonds (Virginia Pooled Financing Program), Series 2017A
(or such other series of Infrastructure and State Moral Obligation Revenue Bonds (Virginia
Pooled Financing Program that is specified in Schedule 1.1), in the original aggregate principal
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amount set forth in Schedule 1. 1, and, unless the Local Government receives notice to the
contrary from VRA, any bonds issued by VRA to refund the Related Series of VRA Bonds in
whole or in part.
"Related Supplemental Series Indenture" means the Thirty -Eighth Supplemental
Series Indenture of Trust dated as of May 1, 2017, between VRA and the Trustee, as modified,
altered, amended and supplemented in accordance with its terms and those of the Master
Indenture.
"Revenue Fund" has the meaning set forth in the Master Indenture.
"Sale Date" means May 10, 2017, or such other date specified in Schedule 1.1.
"Special Fund" has the meaning set forth in Section 5.1.
"Supplemental Interest" has the meaning set forth in Section 6.1.
"Trustee" means U.S. Bank National Association, Richmond, Virginia, as trustee under
the Master Indenture and the Related Supplemental Series Indenture, or its successors serving in
such capacity.
"Virginia SNAP" means the Commonwealth of Virginia State Non -Arbitrage Program.
"VRA" means the Virginia Resources Authority, a public body corporate and a political
subdivision of the Commonwealth.
"VRA Bonds" means the Related Series of VRA Bonds and any additional bonds issued
under the Master Indenture.
"VRA Reserve" means any one or more of the Capital Reserve Fund, the Infrastructure
Debt Service Reserve Fund, the Operating Reserve Fund, a CRF Credit Facility or an
Infrastructure Revenue DSRF Facility, each as defined in the Master Indenture.
Section 1.2 Rules of Construction. The following rules apply to the construction of
this Agreement unless the context requires otherwise:
(a) Singular words connote the plural number as well as the singular and vice
versa.
(b) Words importing the redemption or calling for redemption of the Local
Bond do not refer to or connote the payment of the Local Bond at its stated maturity.
(c) All references in this Agreement to particular Articles, Sections or
Exhibits are references to Articles, Sections or Exhibits of this Agreement unless otherwise
indicated.
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(d) The headings and table of contents as used in this Agreement are solely
for convenience of reference and do not constitute a part of this Agreement and do not affect its
meaning, construction or effect.
ARTICLE II
REPRESENTATIONS
Section 2.1 Representations by VRA. VRA represents to the Local Government as
follows:
(a) VRA is a duly created and validly existing public body corporate and
political subdivision of the Commonwealth vested with the rights and powers conferred upon it
under the Act.
(b) VRA has full right, power and authority to (i) issue, sell and deliver the
Related Series of VRA Bonds, (ii) direct the Trustee to use a portion of the proceeds of the
Related Series of VRA Bonds to purchase the Local Bond from the Local Government as
contemplated under the Related Supplemental Series Indenture and this Agreement and
(iii) carry out and consummate all other transactions contemplated by this Agreement.
(c) VRA has duly authorized, executed and delivered this Agreement, and this
Agreement constitutes a legal, valid and binding obligation of VRA enforceable against VRA in
accordance with its terms.
Section 2.2 Representations by Local Government. The Local Government
represents to VRA as follows:
(a) The Local Government is a duly created and validly existing Virginia
"local government" (as defined in Section 62.1-199 of the Act) and is vested with the rights and
powers conferred upon it by Virginia law.
(b) The Local Government has full right, power and authority to (i) adopt the
Local Authorization and execute and deliver the Local Bond Documents and all related
documents, (ii) issue, sell and deliver its Local Bond to the Trustee, (iii) own and operate the
Related Financed Property, (iv) undertake the Project and (v) carry out and consummate all of
the transactions contemplated by the Local Authorization, the Local Bond and the Local Bond
Documents.
(c) The Local Authorization authorized the execution and delivery of this
Agreement and this Agreement is in substantially the same form as presented to the Local
Government's governing body at its meeting at which the Local Authorization was adopted.
(d) The Local Government has obtained all governmental permits, licenses,
registrations, certificates, authorizations and approvals required to have been obtained as of the
Effective Date for the Local Government's (i) adoption of the Local Authorization, (ii) execution
and delivery of the Local Bond Documents and the Local Bond, (iii) performance of its
obligations under the Local Bond Documents and the Local Bond, (iv) the undertaking of the
Project and (v) the operation and use of the Related Financed Property. The Local Government
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knows of no reason why any such required governmental permits, licenses, registrations,
certificates, authorizations or approvals not required to be obtained by the Effective Date cannot
be obtained as required in the future.
(e) The Local Government has executed and delivered this Agreement, and
this Agreement constitutes a legal, valid and binding obligation of the Local Government
enforceable against the Local Government in accordance with its terms.
(f) When executed and delivered in accordance with the Local Authorization
and this Agreement, the Local Bond will have been executed and delivered by duly authorized
officials of the Local Government and will constitute a legal, valid and binding limited
obligation of the Local Government enforceable against the Local Government in accordance
with its terms.
(g) The issuance of the Local Bond and the execution and delivery of the
Local Bond Documents and the performance by the Local Government of its obligations
thereunder are within the powers of the Local Government and will not conflict with, or
constitute a breach or result in a violation of (i) to the best of the Local Government's
knowledge, any federal, or Virginia constitutional or statutory provision, including the Local
Government's charter or articles of incorporation, if any, (ii) any agreement or other instrument
to which the Local Government is a party or by which it is bound or (iii) any order, rule,
regulation, decree or ordinance of any court, government or governmental authority having
jurisdiction over the Local Government or its property.
(h) The Local Government is not in default in the payment of the principal of
or interest on any of its indebtedness for borrowed money and is not in default under any
instrument under and subject to which any indebtedness for borrowed money has been incurred.
No event or condition has happened or existed, or is happening or existing, under the provisions
of any such instrument, including but not limited to this Agreement, which constitutes, or which,
with notice or lapse of time, or both, would constitute an event of default thereunder.
(i) The Local Government (i) to the best of the Local Government's
knowledge, is not in violation of any existing law, rule or regulation applicable to it in any way
that would have a material adverse effect on its financial condition or its ability to perform its
obligations under the Local Bond or the Local Bond Documents and (ii) is not in default under
any indenture, mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree or
other agreement, instrument or restriction of any kind to which the Local Government is a party
or by which it is bound or to which any of its assets is subject that would have a material adverse
effect on its financial condition or its ability to perforin its obligations under the Local Bond and
the Local Bond Documents. The Local Government's execution and delivery of the Local Bond
and the Local Bond Documents and its compliance with the terms and conditions thereof will not
conflict with or result in a breach of or constitute a default under any of the foregoing.
0) The Local Government reasonably expects that, unless otherwise
permitted by the terms of the Local Bond Documents or approved by VRA, the Local
Government will own, operate and control the Related Financed Property at all times during the
term of the Local Bond.
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(k) Except as set forth in Exhibit C, there are not pending nor, to the best of
the Local Government's knowledge, threatened against the Local Government, any actions, suits,
proceedings or investigations of a legal, equitable, regulatory, administrative or legislative nature
(i) affecting the creation, organization or existence of the Local Government or the title of its
officers to their respective offices, (ii) seeking to prohibit, restrain or enjoin the approval,
execution, delivery or performance of the Local Authorization or the Local Bond Documents or
the issuance or delivery of the Local Bond, (iii) in any way contesting or affecting the validity or
enforceability of the Local Bond, the Local Authorization, the Local Bond Documents or any
agreement or instrument relating to any of the foregoing, (iv) in which a judgment, order or
resolution may have a material adverse effect on the Local Government or its business, assets,
condition (financial or otherwise), operations or prospects or on its ability to perform its
obligations under the Local Authorization, the Local Bond Documents or the Local Bond or
(v) affecting the Project.
(1) The financial statements, applications and other information that the Local
Government furnished to VRA in connection with this Agreement fairly and accurately portray
the Local Government's financial condition, as of their dates, and there has been no material
adverse change in the financial condition of the Local Government since the date of the financial
statements provided to VRA in connection with this Agreement.
(m) Nothing that would constitute an Event of Default hereunder has occurred
and is continuing, and no event or condition exists that with the passage of time or the giving of
notice, or both, would constitute an Event of Default hereunder.
Section 2.3 Representations Remade as of the Sale Date. (a) It shall be a condition
precedent of VRA's obligation to sell the Related Series of VRA Bonds that the Local
Government's representations and warranties set forth in Section 2.2 be true and accurate in all
respects on the Sale Date.
(b) If prior to the Sale Date, any representation or warranty set forth in
Section 2.2 becomes untrue or inaccurate, then the Local Govermnent shall notify VRA within
one Business Day of becoming aware of such facts, and VRA, in its sole and absolute discretion,
shall determine whether to sell VRA Bonds on behalf of the Local Government, which series of
VRA Bonds (if any) to sell on behalf of the Local Government and any additional conditions
precedent to the sale of such VRA Bonds or the purchase of the Local Bond.
ARTICLE III
PURCHASE OF THE LOCAL BOND
Section 3.1 Purchase of the Local Bond. (a) Subject to the terms and conditions and
in reliance upon the representations, warranties and agreements set forth or incorporated herein,
VRA shall purchase, solely from the proceeds of the Related Series of VRA Bonds, all, but not
less than all, of the Local Bond from the Local Government, and the Local Government shall,
subject to the Financing Parameters, sell and deliver to VRA the Local Bond for the Purchase
Price. The Local Government acknowledges that the Purchase Price is determined by VRA, is
subject to VRA's Purchase Price Objective (as defined below) and market conditions as
described below, and is expected to be substantially equal to the Proceeds Requested. The Local
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Government shall issue the Local Bond pursuant to the Local Authorization and in substantially
the form of Exhibit A to this Agreement. As a condition of VRA entering into this Agreement,
the Local Government shall deliver to VRA a copy of the Local Authorization as adopted prior
to the date hereof.
(b) The Local Government acknowledges that VRA has advised the Local
Government that its objective is to pay the Local Government the Purchase Price for its Local
Bond which in VRA's judgment reflects the market value of the Local Bond ("Purchase Price
Objective"), taking into consideration the Financing Parameters, the purchase price received by
VRA for the Related Series of VRA Bonds, the underwriters' discount and other issuance costs
of the Related Series of VRA Bonds and other market conditions relating to the sale of the
Related Series of VRA Bonds. The Local Government further acknowledges that VRA has
advised it that such factors may result in the Local Bond having a value other than par and that in
order to receive an amount of proceeds that is substantially equal to the Proceeds Requested, the
Local Government may need to issue the Local Bond with a par amount that is greater or less
than the Proceeds Requested. The Local Government shall not issue the Local Bond if doing so
would violate any Financing Parameter. The Local Government shall issue the Local Bond at a
par amount that provides, to the fullest extent practicable given VRA's Purchase Price Objective,
a Purchase Price at least equal to the Proceeds Requested, all in accordance with the Local
Authorization. The Local Government acknowledges that the Purchase Price will be less than the
Proceeds Requested if any Financing Parameter prevents VRA from generating a Purchase Price
substantially equal to the Proceeds Requested, based upon VRA's Purchase Price Objective.
Section 3.2 Issuance Expenses. VRA shall pay, or cause to be paid, from the
proceeds of the Related Series of VRA Bonds all expenses incident to the performance of VRA's
obligations under and the fulfillment of the conditions imposed by this Agreement in connection
with the issuance, sale and delivery of the Related Series of VRA Bonds and the purchase of the
Local Bond on the Closing Date, including, but not limited to: (i) the cost, if any, of preparing
and delivering the Related Series of VRA Bonds; (ii) the cost of preparing, printing and
delivering the Preliminary Official Statement and the Official Statement for the Related Series of
VRA Bonds and any amendment or supplement thereto; (iii) the fees and expenses of the
financial advisor(s) and bond counsel to VRA; and (iv) all other costs and expenses incurred by
VRA. The Local Government shall pay all expenses of the Local Government incident to the
issuance, sale and delivery of the Local Bond, including, but not limited to the fees and
disbursements of the financial advisor, counsel and bond counsel to the Local Government from
the Purchase Price or other funds of the Local Government.
Section 3.3 Schedule 1.1. VRA shall complete Schedule 1.1, which shall set forth,
among other things, the principal amount, interest rates, payment schedule and Purchase Price
with respect to the Local Bond and the principal amount of the Related Series of VRA Bonds on
or after the Sale Date. VRA shall deliver the completed Schedule 1.1 to the Local Government
and shall attach Schedule 1.1 to this Agreement. Upon delivery to the Local Government, the
completed Schedule 1.1 shall become a part of this Agreement the same as if it were a part
hereof on the Effective Date.
Section 3.4 Conditions Precedent to Purchase of the Local Bond. VRA shall not
be required to cause the Trustee to purchase the Local Bond unless:
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(a) VRA has received the following, all in form and substance satisfactory to
VRA:
(1) Certified copies of the Local Authorization and all other
ordinances and resolutions of the Local Government relating to the Local Bond
Documents and the Local Bond, if any.
(2) A certificate of the appropriate officials of the Local Government
dated the Closing Date as to the matters set forth in Section 2.2 and Section 2.3 (to the
extent applicable), including appropriate certifications regarding the Local Bond
Documents, and such other matters as VRA may reasonably require.
(3) Evidence that the Local Government has performed and satisfied
all of the terms and conditions contained in this Agreement to be performed and satisfied
by it as of such date.
(4) An opinion of counsel to the Local Government in substantially the
form attached as Exhibit F.
(5) An opinion of bond counsel to the Local Government in form and
substance reasonably satisfactory to VRA.
(6) Evidence that the Local Government has complied with the
insurance provisions set forth in Section 8.1 and Section 8.2.
(7) The executed Local Bond and original executed counterparts of the
Local Tax Document.
(8) A certificate of the Consulting Engineer giving the Consulting
Engineer's estimate of the construction portion of the total Project Costs to be financed
with the proceeds of the Local Bond, which estimate must be in an amount and otherwise
compatible with the financing plan described in the Project Budget.
(9) A certificate of a Consulting Engineer (i) to the effect that the
Purchase Price and finds available from the other sources specified in the Project Budget
will be sufficient to pay all of the estimated Project Costs and (ii) specifying the date the
Local Government is expected to complete the Project.
(10) A certificate of the Consulting Engineer to the effect that (i) all
governmental permits, licenses, registrations, certificates, authorizations and approvals
for the undertaking of the Project required to have been obtained as of the Closing Date
have been obtained and (ii) the Consulting Engineer knows of no reason why any such
required governmental permits, licenses, registrations, certificates, authorizations and
approvals for the undertaking of the Project cannot be obtained as required in the future.
(11) Evidence that the Local Government is in compliance with the
construction contract provisions set forth in Section 7.8 with respect to any existing
contracts as of the Closing Date.
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(12) Such other documentation, certificates and opinions as VRA may
reasonably require as set forth in Schedule 1.1.
(b) The initial purchasers of the Related Series of VRA Bonds have paid in
full and VRA has accepted the purchase price for the Related Series of VRA Bonds on the
Closing Date. It is understood that the sole source of funds to pay the Purchase Price is a portion
of the proceeds of the Related Series of VRA Bonds.
ARTICLE IV
USE OF PURCHASE PRICE
Section 4.1 Deposit of Purchase Price; Investment of Amounts in Local Account.
(a) On the Closing Date, VRA shall cause the Trustee to deposit the Purchase
Price into the Local Account and to apply. the Purchase Price and the earnings thereon as set
forth in the Related Supplemental Series Indenture, this Agreement and the Local Tax
Document.
(b) The Local Government acknowledges and consents to the investment of
the Purchase Price and the earnings thereon in Virginia SNAP.
Section 4.2 Agreement to Accomplish Project. (a) The Local Government shall
cause the Project to be acquired, constructed, expanded, renovated, equipped or financed as
described in Exhibit B and in accordance with the Project Budget, this Agreement, the Local Tax
Document and the plans, specifications and designs prepared by the Consulting Engineer and
approved by the Local Government. The Local Government shall complete, or cause to be
completed, the Project by the date set forth in the certificate delivered under Section 3.4(a)(4).
The Local Government shall obtain the approval of all applicable regulatory agencies to all
plans, specifications and designs for the Project. The Local Government shall maintain complete
and accurate books and records of the Project Costs and permit VRA or the Trustee through their
representatives to inspect such books and records at any reasonable time.
(b) Upon completion of the Project, the Local Government shall promptly
deliver to VRA and the Trustee a certificate signed by a Local Representative and by the
Consulting Engineer stating (i) that the Project has been completed substantially in accordance
with this Article and in substantial compliance with all material applicable laws, ordinances,
rules and regulations, (ii) the date of such completion and (iii) that all certificates of occupancy
or other material permits then necessary for the use, occupancy and operation of the Related
Financed Property have been issued or obtained. Such certificate shall be accompanied by a
copy of the final requisition submitted to the Trustee pursuant to Section 4.3, including Schedule
1 thereto.
(c) If upon completion of the Project and payment of all related costs of
issuance, there is a balance remaining in the Local Account, the Trustee shall disburse any
remaining balance to the Local Government to partially reimburse interest on the Local Bond or
in such other manner that is permitted under the Act and will not, in the opinion of a nationally -
recognized bond counsel delivered to VRA and the Trustee, have an adverse effect on the tax
status of the Related Series of VRA Bonds.
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Section 4.3 Disbursement of Purchase Price and Earnings. Except as provided in
Section 4.2(c), the Local Government shall apply the amounts in the Local Account solely and
exclusively to the payment or reimbursement of the Local Government for the Project Costs.
Not more frequently than once per calendar month, the Trustee shall disburse amounts from the
Local Account to the Local Government or as directed by the Local Government upon the
Trustee's receipt of the following:
(a) A requisition (upon which the Trustee and VRA shall be entitled to rely)
signed by a Local Representative and containing all information called for by, and otherwise
being in the form of, Exhibit D (including the Schedules thereto).
(b) Receipts, vouchers, statements, bills of sale or other evidence of payment
of the related Project Costs.
(c) If any requisition includes an item for payment for labor or to contractors,
builders or materialmen:
(1) a certificate, signed by a Consulting Engineer, stating that such
work was actually performed or such materials, supplies or equipment were actually
furnished or installed in or about the construction of the Project; and
(2) a certificate, signed by a Consulting Engineer (that may rely on
representations of counsel or a title insurance agency reasonably acceptable to VRA),
stating that no notice of any lien, right to lien or attachment upon, or claim affecting the
right to receive payment of, any of the money payable under the requisition to any of the
persons, firms or corporations named in it has been received, or if any notice of any such
lien, attachment or claim has been received, such lien, attachment or claim has been
released or discharged or will be released or discharged upon payment of the requisition.
(d) If any requisition includes an item for payment of the cost of acquisition
of any lands or easements, rights or interests in or relating to lands, there shall also be attached to
such requisition:
(1) a certificate, signed by a Consulting Engineer, stating that such
lands, easements, rights or interests are being acquired and are necessary or convenient
for the construction of the Project; and
(2) a certificate, signed by a Consulting Engineer (that may rely on
representations of counsel or a title insurance agency reasonably acceptable to VRA),
stating that upon payment therefor the Local Government will have title in fee simple to,
or easements, rights or interests sufficient for the purposes of, the Project over and
through the subject lands.
Following VRA's approval of each such requisition and accompanying invoice(s) and
certificate(s), which approval will not unreasonably be withheld, the Trustee shall pay the
requisition from the Local Account in accordance with the instructions in such requisition.
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The Local Government agrees that any amounts disbursed to it or for its account
from the Local Account will be (i) immediately applied to reimburse the Local Government
for Project Costs it has already paid or (ii) actually spent to pay Project Costs not later
than five banking days after receipt.
Section 4.4 No Sufficiency Warranty by VRA; Local Government Required to
Complete Project. VRA makes no warranty, either express or implied, that the Purchase Price
will be sufficient to pay all or any particular portion of the Project Costs. If the Purchase Price is
not sufficient to pay in full the cost of the Project, the Local Government shall complete the
Project at its own expense and shall not be entitled to any reimbursement therefor from VRA or
any abatement, diminution or postponement of its payments under the Local Bond or this
Agreement.
ARTICLE V
PLEDGE AND SECURITY
Section 5.1 Creation of Special Fund; Purpose and Application of Special
Fund. As authorized under Section 62.1-216 of the Act, VRA hereby requires, and the
Local Government agrees, that as of the Closing Date the Local Government will have
created a Special Fund in the Local Government's General Fund to be known as the
"VRA 2017A Debt Service Fund" (the "Special Fund").
The Local Government shall hold the Special Fund and use it to account for and
accumulate the funds necessary for the payment of the principal of and premium, if any,
and interest on the Local Bond and all other amounts becoming due under this Agreement
and to make such payments when the same become due and payable.
The Local Government agrees to cause the Special Fund to be identified in a
supplemental schedule to the Local Government's annual financial statements.
Section 5.2 Pledge of Special Fund. The Local Government hereby pledges the
Special Fund and all amounts deposited therein for the payment of the principal of and premium,
if any, and interest on the Local Bond and all other amounts becoming due under this
Agreement. This pledge shall be valid and binding from and after the Closing Date. The
amounts deposited into the Special Fund shall immediately be subject to the lien of this pledge
without any physical delivery of them or further act. The lien of this pledge shall have priority
over all other obligations and liabilities of the Local Government payable from the Special Fund
and the amounts deposited therein, and the lien of this pledge shall be valid and binding against
all parties having claims of any kind against the Local Government regardless of whether such
parties have notice of this pledge.
Section 5.3 Obligations of Local Government Subject to Appropriation. The
obligations of the Local Government to make any deposits into the Special Fund to pay the
principal of and premium, if any, and interest on the Local Bond or any other amounts becoming
due under this Agreement are contingent upon the appropriation for each Fiscal Year by the
governing body of the Local Government of funds from which such deposits can be made. The
Local Govermnent shall not be liable for any amounts that may be payable pursuant to the Local
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Bond and this Agreement unless and until such funds have been appropriated for deposit into the
Special Fund and then only to the extent thereof. VRA and the Local Government understand
that nothing in the Local Bond or this Agreement shall be deemed to obligate the governing body
of the Local Government to appropriate any sums for deposit into the Special Fund or on account
of any payments to be made by the Local Government under the Local Bond or this Agreement.
Nothing in the Local Bond or this Agreement shall constitute a pledge of the full faith and credit
of the Local Government or a bond or debt of the Local Government issued or incurred in
violation of Section 10 of Article VII of the Virginia Constitution.
Section 5.4 Budget of Local Government. For each Fiscal Year during the term of
the Local Bond and this Agreement, the County Administrator of the Local Government shall
include as a separate line item in each annual budget of revenues and disbursements presented to
the governing body of the Local Government an item designated "VRA 2017A Special Fund
Payments" in an amount sufficient, in the judgment of the County Administrator, to make all of
the payments of debt service on the Local Bond and pay all other amounts payable by the Local
Government under this Agreement during such Fiscal Year. As set forth in the Local Resolution,
the governing body of the Local Government has stated that although it recognizes that it is not
empowered to make any binding commitment beyond the current Fiscal Year, it is the governing
body's current intention to make sufficient annual appropriations during the term of the Local
Bond and this Agreement to make the aforementioned payments.
ARTICLE VI
PAYMENT AND REDEMPTION OF LOCAL BOND
Section 6.1 Payment of Local Bond and Related Amounts.
(a) Until the principal of and premium, if any, and interest on the Local Bond
and all other amounts payable under this Agreement have been paid in full, the Local
Government shall pay the Trustee or VRA, as applicable, the following amounts:
(1) to the Trustee, the amounts required by the Local Bond on such
dates and in such manner as provided for in the Local Bond — the term "interest," as used
in the Local Bond and this Agreement, includes Supplemental Interest, when and if
payable;
(2) to the Trustee, on VRA's demand, or to VRA, any amounts
payable under the Local Tax Document, including without limitation the costs of any
rebate calculation agent;
(3) to VRA, on its demand, a late payment penalty in an amount equal
to 5.0% of the payment on the Local Bond not paid within 10 days after its due date;
(4) to the Trustee, the Local Government's share (as determined by
VRA) of the annual fees and expenses of the Trustee, less the Local Government's share
of the net earnings on the Revenue Fund, Infrastructure Revenue Debt Service Fund and
Moral Obligation Debt Service Fund established under the Master Indenture (as
determined by VRA), and the Local Government shall pay such amounts no later than 15
days after VRA or the Trustee sends to the Local Government a written bill for them; and
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(5) to VRA, the reasonable costs and expenses, including reasonable
attorneys' fees, if any, incurred by VRA in connection with (i) an Event of Default or
default by the Local Government under this Agreement (ii) any amendment to or
discretionary action that VRA undertakes at the request of the Local Government under
this Agreement, any other document related to the Related Series of VRA Bonds or the
Local Bond or (iii) any claim, lawsuit or other challenge to the Local Bond, the VRA
Bonds or this Agreement that arises, at least in part, out of the Local Government's
authorization of its issuance of the Local Bond, and the Local Government shall pay such
amounts no later than 15 days after VRA or the Trustee sends to the Local Government a
written bill for them.
(b) If any failure of the Local Government to pay all or any portion of any
required payment of the principal of or premium, if any, or interest on the Local Bond results in a
withdrawal from or a drawing on any VRA Reserve, the interest rates applicable to the Local
Bond shall be increased to interest rates sufficient to reimburse the VRA Reserve for any
foregone investment earnings on the funds withdrawn therefrom and pay any interest, fees or
penalties assessed as a result of the withdrawal from or drawing on the VRA Reserve. The
increment of interest payable pursuant to the increase in rates shall be referred to as
"Supplemental Interest." The Local Government's obligation to pay Supplemental Interest shall
commence on the date of the withdrawal or drawing of funds from the VRA Reserve occasioned
by the Local Government's failure to pay a required payment or portion thereof as described
above (the "Supplemental Interest Commencement Date"). The Local Government's obligation
to pay Supplemental Interest shall terminate on the date on which the Local Government makes
all payments required but outstanding since the date of the initial failure to pay (the
"Supplemental Interest Termination Date"). From the Supplemental Interest Commencement
Date to the Supplemental Interest Termination Date, Supplemental Interest shall be due and
payable on the regularly scheduled interest payment dates provided for in the Local Bond. As
soon as reasonably possible after the Supplemental Interest Commencement Date and before the
next regularly scheduled interest payment date provided for in the Local Bond, VRA shall
deliver to the Local Government a certificate as to the increase in interest rates and the amount of
Supplemental Interest. The certificate shall set forth in reasonable detail the basis for the
increase in interest rates and the manner of calculation of the increase and the amount of
Supplemental Interest. Such certificate shall be conclusive (absent manifest error) as to the
interest rate increase and amount of Supplemental Interest set forth therein. In determining the
interest rate increase and the amount of Supplemental Interest, VRA may use any reasonable
averaging and attribution methods.
(c) The Local Government shall pay the amounts described above and make
payments as scheduled under the Local Bond despite any amount being withdrawn from or
drawn on a VRA Reserve pursuant to the Master Indenture.
Section 6.2 Defeasance and Redemption of Local Bond.
(a) The Local Government shall not defease or redeem the Local Bond (in
whole or in part), except as provided in this Section 6.2.
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(b) The Local Government shall satisfy the following conditions prior to the
defeasance and redemption of the Local Bond:
(1) The Local Government shall provide to VRA not less than 60 days'
prior written notice of the deposit of the funds described in (2), (3) and (4) below.
(2) The Local Government shall deposit with the Trustee an amount
sufficient for VRA to establish an escrow of cash and non -callable, non -prepayable
Government Obligations the principal of and interest on which will be sufficient (without
reinvestment) to cause the defeasance under Article XII of the Master Indenture of the
portion of the Related Portion of VRA Bonds corresponding to the portion of the Local
Bond to be defeased or prepaid (the "Allocated Portion"). The defeasance of the
Allocated Portion may be either to maturity or an earlier redemption date as determined
by the Local Government.
(3) The Local Government shall deposit with VRA cash in an amount
sufficient, as determined by VRA, to pay for a verification report required for the
defeasance of the Allocated Portion under Article XII of the Master Indenture, any costs
incurred by VRA in connection with the redemption, refunding and defeasance of the
Allocated Portion, all amounts overdue or then due on the Local Bond (including,
without limitation, any Supplemental Interest) and all amounts overdue, due or to become
due under Section 6.1(a) of this Agreement.
(4) The Local Government shall deposit with VRA cash in an amount
equal to the present value of interest that would be paid on the principal of the Allocated
Portion at a rate equal to 0.125%, payable semiannually, to the maturity dates of the
Allocated Portion or, if earlier, the redemption date or dates of the Allocated Portion.
Present value shall be determined by using a discount rate equal to the true interest cost
of the Related Portion of VRA Bonds.
(c) VRA will determine which Related Portion of VRA Bonds will be
designated as the Allocated Portion and the amounts to be deposited under subsection (b)(2) and
(3) above using such reasonable allocation and estimation methods as may be selected by VRA,
and VRA's determinations shall be conclusive (absent manifest error).
(d) The Local Government acknowledges that no funds in any VRA Reserve
will be available to the Local Government for the defeasance or redemption of the Local Bond.
Section 6.3 Payments and Rights Assil4ned. The Local Government hereby consents
to VRA's assignment to the Trustee of VRA's rights under this Agreement and the Local Bond.
The Local Government also hereby acknowledges and consents to the reservation by VRA of the
right and license to enjoy and enforce VRA's rights under the Local Bond and this Agreement so
long as no Event of Default (as defined in the Master Indenture) with respect to the Related
Series of VRA Bonds has occurred and is continuing. Even though VRA will be the registered
owner of the Local Bond, the Local Government shall pay directly to the Trustee all amounts
payable by the Local Government under the Local Bond and this Agreement (except for those
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amounts specifically indicated as payable to VRA under Section 6.1 or Section 11.8, which the
Local Government shall pay directly to VRA).
Section 6.4 Obligations Absolute and Unconditional. The obligation of the Local
Government to snake the payments required by the Local Bond and this Agreement from the
sources pledged therefor shall be absolute and unconditional. The Local Government shall pay
all such amounts without abatement, diminution or deduction (whether for taxes or otherwise)
regardless of any cause or circumstance whatsoever including, without limitation, any defense,
set-off, recoupment or counterclaim that the Local Government may have or assert against VRA,
the Trustee or any other person.
ARTICLE VII
OPERATION AND USE COVENANTS
Section 7.1 Maintenance. At its own cost and expense the Local Government shall
operate the Related Financed Property in a proper, sound and economical manner in compliance
with all legal requirements and shall maintain the Related Financed Property in good repair and
operating condition and from time to time shall make all necessary repairs, renewals and
replacements.
Section 7.2 Additions and Modifications. At its own expense the Local Government
from time to time may make any renewals, replacements, additions, modifications or
improvements to the Related Financed Property that the Local Government deems desirable,
provided that any such renewal, replacement, addition, modification or improvement does not (i)
materially reduce the value of the Related Financed Property or (ii) negatively affect the
structural or operational integrity of any part of the Related Financed Property. The Local
Government shall ensure that all such renewals, replacements, additions, modifications or
improvements comply with all applicable federal, state and local laws, rules, regulations, orders,
permits, authorizations and requirements. All such renewals, replacements, additions,
modifications and improvements shall become part of the Related Financed Property.
Section 7.3 Permits. The Local Government shall, at its sole cost and expense, obtain
all permits, consents and approvals required by local, state or federal laws, ordinances, rules,
regulations or requirements in connection with the acquisition, construction, equipping,
occupation, operation or use of the Related Financed Property. The Local Government shall,
upon request, promptly furnish to VRA and the Trustee copies of all such permits, consents and
approvals.
Section 7.4 Use. The Local Government shall comply with all lawful requirements of
any governmental authority regarding the Related Financed Property, whether now existing or
subsequently enacted, whether foreseen or unforeseen or whether involving any change in
governmental policy or requiring structural, operational or other changes to the Related Financed
Property, irrespective of the cost of making the same.
Section 7.5 Inspection and Local Government's Books and Records. The Local
Government shall permit VRA, the Trustee and their duly authorized representatives and agents
such reasonable rights of access to the Related Financed Property as may be necessary to
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determine whether the Local Government is in compliance with the requirements of this
Agreement, and the Local Government shall permit such parties, at all reasonable times and upon
reasonable prior notice to the Local Government, to examine and copy the Local Government's
books and records that relate to the Related Financed Property and the Special Fund.
Section 7.6 Ownership. The Local Government shall not construct, reconstruct or
install any part of the Related Financed Property on (i) lands other than those which the Local
Government owns or can acquire title to or a perpetual easement over, in either case sufficient
for the Local Government's purposes or (ii) lands in which the Local Government has acquired a
right or interest less than a fee simple or perpetual easement, unless (1) such part of Related
Financed Property is lawfully located in a public street or highway or (2) the Local Govermnent
provides a written opinion of counsel or a report of a Qualified Independent Consultant, either of
which in a form reasonably acceptable to VRA, that indicates that the lands and the Local
Government's right or interest therein is sufficient for the Local Government's purposes.
Section 7.7 Sale or Encumbrance. No part of the Related Financed Property shall be
sold, exchanged, leased, mortgaged, encumbered or otherwise disposed of except (i) with the
written consent of VRA or (ii) as provided in any one of the following subsections:
(a) The Local Government may grant easements, licenses or permits across,
over or under parts of the Related Financed Property for streets, roads and utilities as will not
adversely affect the use of the Related Financed Property.
(b) The Local Government may sell or otherwise dispose of property
constituting part of the Related Financed Property if it uses the proceeds of such disposition and
any other necessary funds to replace such property with property serving the same or a similar
function.
(c) The Local Government may sell or otherwise dispose of property
constituting part of the Related Financed Property with a "book value" (as determined in
accordance with generally accepted accounting principles) that, when combined with the
aggregate "book value" of all of the other such property sold or otherwise disposed of under this
subsection during the Fiscal Year in question, will not cause the aggregate "book value" of all of
such property sold or otherwise disposed of under this subsection in such Fiscal Year to exceed
$125,000. The proceeds to be received from any such sale or disposition shall be applied first to
cure any default that may exist in the payment of the principal of or interest on the Local Bond.
(d) The Local Government may otherwise sell or dispose of property
constituting part of the Related Financed Property if there is filed with VRA a certificate of the
Consulting Engineer stating that such property is not necessary or useful to the operation of the
Related Financed Property. The proceeds to be received from any such sale or disposition shall
be applied first to cure any default that may exist in the payment of the principal of or interest on
the Local Bond.
Section 7.8 Construction Contractors. The Local Government shall cause each
general construction contractor employed in the accomplishment of the Project to furnish a
performance bond and a payment bond each in an amount equal to 100% of the particular
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contract price. Such bonds must list the Local Government, VRA and the Trustee as
beneficiaries. Neither VRA nor the Trustee shall make any claims or exercise any rights under
such bonds unless and until an Event of Default occurs. The Local Government shall cause each
contractor to maintain during the construction period covered by the particular construction
contract builder's risk insurance, workmen's compensation insurance, public liability insurance,
property damage insurance and vehicle liability insurance in amounts and on terms satisfactory
to the Consulting Engineer.
ARTICLE VIII
INSURANCE, DAMAGE AND DESTRUCTION
Section 8.1 Insurance. The Local Government shall maintain or cause to be
maintained insurance against such risks as are customarily insured against by public bodies
operating municipal facilities similar in size and character to the Related Financed Property,
including, without limitation:
(a) Insurance in the amount of the full replacement cost of the Related
Financed Property's insurable portions against loss or damage by fire and lightning, with broad
form extended coverage endorsements covering damage by windstorm, explosion, aircraft,
smoke, sprinkler leakage, vandalism, malicious mischief and such other risks as are normally
covered by such endorsements (limited only as may be provided in the standard form of such
endorsements at the time in use in Virginia). The determination of replacement cost shall be
made, in conjunction with representatives of the Local Government, by a recognized appraiser or
insurer selected by the Local Government and reasonably acceptable to VRA.
(b) Comprehensive general liability insurance with a combined single limit of
$1,000,000 per year against liability for bodily injury, including death resulting therefrom, and
for damage to property, including loss of its use, arising out of the ownership, maintenance,
operation or use of the Related Financed Property.
(c) Unless the Local Government qualifies as a self -insurer under Virginia
law, worker's compensation insurance.
Neither VRA nor the Trustee shall have any responsibility or obligation with respect to
(i) the procurement or maintenance of insurance or the amounts or the provisions with respect to
policies of insurance or (ii) the application of the proceeds of insurance.
The Local Government shall provide annually to VRA a certificate or certificates of the
respective insurers evidencing the fact that the insurance required by this Section is in force and
effect.
Section 8.2 Requirements of Policies. The Local Government shall maintain all
insurance required by Section 8.1 with generally recognized responsible insurance companies
selected by the Local Government and reasonably acceptable to VRA. Such insurance may be
written with deductible amounts comparable to those on similar policies carried by other public
bodies operating municipal facilities similar in size and character to the Related Financed
Property. If the Local Government does not maintain such insurance with an insurer licensed to
do business in Virginia or placed under the requirements of the Virginia Surplus Lines Insurance yy
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Law, Chapter 48, Title 38.2, Code of Virginia of 1950, as amended, or any successor statute, the
Local Government shall provide evidence reasonably satisfactory to VRA that such insurance is
enforceable under Virginia law.
Section 8.3 Notice of Damaj4e, Destruction or Condemnation. In case of (i) any
damage to or destruction of any material part of the Related Financed Property, (ii) a taking of all
or any part of the Related Financed Property or any right in it under the exercise of the power of
eminent domain, (iii) any loss of the Related Financed Property because of failure of title or
(iv) the commencement of any proceedings or negotiations which might result in such a taking or
loss, the Local Government shall notify VRA in writing within ten Business Days of the
occurrence describing generally the nature and extent of such damage, destruction, taking, loss,
proceedings or negotiations.
Section 8.4 Damage and Destruction. If all or any part of the Related Financed
Property is destroyed or damaged by fire or other casualty, and the Local Government shall not
have exercised its option, if such option is available, to redeem the outstanding Local Bond
pursuant to Section 6.2, the Local Government shall restore promptly the property damaged or
destroyed to substantially the same condition as before such damage or destruction, with such
alterations and additions as the Local Government may determine and which will not impair the
capacity or character of the Related Financed Property for the purposes for which it then is being
used or is intended to be used. The Local Government may apply so much as may be necessary
of the net proceeds of insurance received on account of any such damage or destruction to
payment of the cost of such restoration, either on completion or as the work progresses. If such
net proceeds are not sufficient to pay in full the cost of such restoration, the Local Government
shall pay so much of the cost as may be in excess of such net proceeds.
Section 8.5 Condemnation and Loss of Title. If title to or the temporary use of all or
any part of the Related Financed Property shall be taken under the exercise of the power of
eminent domain or lost because of failure of title, and the Local Government shall not have
exercised its option, if such option is available, to redeem the outstanding Local Bond pursuant
to Section 6.2, the Local Government shall cause the net proceeds from any such condemnation
award or from any title insurance to be applied to the restoration of the Related Financed
Property to substantially its condition before the exercise of such power of eminent domain or
failure of title. If such net proceeds are not sufficient to pay in full the cost of such restoration,
the Local Government shall pay so much of the cost as may be in excess of such net proceeds.
ARTICLE IX
SPECIAL COVENANTS
Section 9.1 Tax Covenants. The Local Government shall not directly or indirectly
use or permit the use of any of the proceeds of the Local Bond or any other of its funds, in such
manner as would, or enter into, or allow any other person or entity to enter into, any
arrangement, formal or informal, that would, or take or omit to take any other action that would,
cause interest on any of the Related Series of VRA Bonds to be includable in gross income for
federal income tax purposes or to become a specific item of tax preference for purposes of the
federal alternative minimum tax imposed on individuals and corporations. Insofar as the Local
Tax Document imposes duties and responsibilities on the Local Government, including the
sw :• r" r)
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payment of any arbitrage rebate in respect of the Related Series of VRA Bonds, as of the Closing
Date they are specifically incorporated by reference into this Agreement. The Local Government
also consents to the calculation of any "rebate amount" to be paid with respect to the Related
Portion of VRA Bonds by a rebate calculation service selected by VRA.
Section 9.2 Maintenance of Existence. The Local Government shall maintain its
existence as a political subdivision of the Commonwealth under Virginia law, and shall not
dissolve or otherwise dispose of all or substantially all of its assets or consolidate or merge with
or into another entity without VRA's prior written consent, which consent will not be
unreasonably withheld.
Section 9.3 Financial Records and Statements. The Local Government shall
maintain proper books of record and account in which proper entries shall be made in accordance
with generally accepted government accounting standards, consistently applied, of all its business
and affairs. The Local Government shall have an annual audit of the financial condition of the
Local Government made by an independent certified public accountant, within 180 days after the
end of each Fiscal Year. The Local Government shall furnish to VRA, in an electronic format, a
copy of such report immediately after it is accepted by the Local Government. Such report shall
include statements in reasonable detail, certified by such accountant, reflecting the Local
Government's financial position as of the end of such Fiscal Year and the results of the Local
Government's operations and changes in the financial position thereof for the Fiscal Year.
Section 9.4 Certification as to No Default and Tax Compliance. The Local
Government shall deliver to VRA, within 180 days after the close of each Fiscal Year, a
certification in substantially the form attached as Exhibit G and signed by a Local
Representative.
Section 9.5 Further Assurances. The Local Government shall to the fullest extent
permitted by law pass, make, do, execute, acknowledge and deliver such further resolutions, acts,
deeds, conveyances, assignments, transfers and assurances as may be necessary or desirable for
the better assuring, conveying, granting, assigning and confirming the rights and collateral, if
any, assigned or pledged by this Agreement, or as may be required to carry out the purposes of
this Agreement. The Local Government shall at all times, to the fullest extent permitted by law,
defend, preserve and protect the pledges made under this Agreement and all rights of VRA under
this Agreement against all claims and demands of all persons, including without limitation the
payment of certain costs of VRA as described in Section 6.1(a)(5).
Section 9.6 Assignment by Local Government. The Local Government shall not
assign its rights and obligations under the Local Bond or this Agreement, or both, without the
prior written consent of VRA.
Section 9.7 Continuing Disclosure. (a) For purposes of this Section 9.7, the
following terms and phrases have the following meanings:
"Annual Financial Information" with respect to any Fiscal Year for the Local
Government means the following:
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(i) the financial statements (consisting of at least a balance
sheet and a statement of revenues and expenses) of the Local Government ,which
financial statements must be (A) prepared annually in accordance with generally
accepted accounting principles in effect from time to time consistently applied
(provided that nothing in this clause (A) will prohibit the Local Government after
the date of this Agreement from changing such other principles so as to comply
with generally accepted accounting principles as then in effect or to comply with
a change in applicable law) and (B) audited by an independent certified public
accountant or firm of such accountants in accordance with generally accepted
auditing standards as in effect from time to time (provided that if audited financial
statements are not available for filing when required by this Section or the Rule
(as defined herein), unaudited financial statements will be filed and audited
financial statements will be filed as soon as possible thereafter); and
(ii) operating data of the type set forth in Exhibit E.
"Dissemination Agent" means any person, reasonably acceptable to VRA, whom the
Local Government contracts in writing to perform its obligations as provided in subsection (i) of
this Section.
"Make Public" or "Made Public" has the meaning set forth in subsection (c) of this
Section.
"Material Local Government" means the Local Government if the aggregate
outstanding principal amount of the Local Bond and any other of the Local Government's local
bonds purchased with proceeds of the VRA Bonds represent 15% or more of the outstanding
aggregate principal amount of the local bonds purchased with proceeds of the VRA Bonds.
"Rule" means Rule 15c2-12, as it may be amended from time to time, under the
Securities Exchange Act of 1934 and any similar rules of the SEC relating to disclosure
requirements in the offering and sale of municipal securities, all as in effect from time to time.
"SEC" means the U.S. Securities and Exchange Commission.
(b) The Local Government shall Make Public or cause to be Made Public:
(1) Within seven months after the end of the Local Government's
Fiscal Year (commencing with the Fiscal Year in which the Closing Date occurs), Annual
Financial Information for such Fiscal Year as of the end of which the Local Government
constitutes a Material Local Government. Annual Financial Information may be set forth
in the documents Made Public or may be included in a document Made Public by specific
reference to any document available to the public on the internet website of the Municipal
Securities Rulemaking Board ("MSRB") or filed with the SEC. If the document referred
to is a final official statement, then it must be available from the MSRB.
(2) In a timely manner, notice of any failure by the Local Government
to Make Public or cause to be Made Public Annual Financial Information pursuant to the
terms of part (1) of this subsection. 0
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(c) For purposes of this Section, information and notices shall be deemed to
have been "Made Public" if transmitted to VRA, to the Trustee and to the MSRB in an electronic
format as prescribed by the MSRB.
(d) The Local Government shall also notify VRA of the occurrence of any of
the following events that may from time to time occur with respect to the Local Bond, such
notice to be given in a timely manner not in excess of five Business Days after the occurrence of
the event:
(1) principal and interest payment delinquencies;
(2) non-payment related defaults;
(3) unscheduled draws on debt service reserves reflecting financial
difficulties;
(4) unscheduled draws on any credit enhancement maintained with
respect to the Local Bond reflecting financial difficulties;
(5) substitution of credit or liquidity providers, or their failure to
perform;
(6) adverse tax opinions, the issuance by the Internal Revenue Service
of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form
5701 — TEB) or other notices or determinations with respect to the Local Bond that could
affect the tax status of the Related Series of VRA Bonds, or other events with respect to
the Local Bond that could affect the tax status of the Related Series of VRA Bonds;
(7) modifications to rights of holders;
(8) bond calls and tender offers;
(9) defeasances;
(10) release, substitution, or sale of property securing repayment of the
Local Bond;
(11) rating changes;
(12) bankruptcy, insolvency, receivership or similar event of the Local
Government;
(13) the consummation of a merger, consolidation, or acquisition
involving the Local Government or the sale of all or substantially all of the assets of the
Local Government, other than in the ordinary course of business, the entry into a
definitive agreement to undertake such an action or the termination of a definitive
agreement relating to any such action, other than pursuant to its terms;
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(14) appointment of a successor or additional trustee for the Local
Bond, if any, or the change of name of a trustee; and
(15) the failure of the Local Government on or before the date required
by this Agreement to provide Annual Financial Information to the persons and in the
manner required by this Agreement.
(e) Additionally, upon request of VRA, the Local Government shall certify in
writing that it has made all filings and disclosures under this Section or any similar undertaking
pursuant to the Rule.
(f) Notwithstanding anything in this Agreement to the contrary, the Local
Government need not comply with the provisions of subsections (a) through (d) above unless and
until VRA has notified the Local Government that it satisfied the objective criteria for a Material
Local Government as of the end of VRA's immediately preceding fiscal year.
(g) (1) If the Local Government fails to comply with any covenant or
obligation set forth in this Section, any holder (within the meaning of the Rule) of VRA Bonds
then Outstanding may, by notice to the Local Government, proceed to protect and enforce its
rights and the rights of the other holders by an action for specific performance of the Local
Government's covenants or obligations set forth in this Section.
(2) Notwithstanding anything herein to the contrary, any failure of the
Local Government to comply with any disclosure obligation specified in this Agreement
(i) shall not be deemed to constitute an Event of Default under this Agreement and (ii)
shall not give rise to any right or remedy other than that described in part (1) of this
subsection.
(h) The Local Government may from time to time disclose certain information
and data in addition to that required under this Section. Notwithstanding anything in this
Agreement to the contrary, the Local Government shall not incur any obligation to continue to
provide, or to update, such additional information or data.
(i) The Local Government may, from time to time, appoint or engage a
Dissemination Agent to assist it in carrying out its obligation to cause to be Made Public the
information described in this Section and may discharge any such Dissemination Agent, with or
without appointing a successor Dissemination Agent. It is not necessary for purposes of this
Article that the Dissemination Agent have any agency relationship with the Local Government
for purposes of state law.
0) All documents Made Public under this Section shall be accompanied by
identifying information as prescribed by the MSRB.
Section 9.8 Other Indebtedness. The Local Government shall pay when due all
amounts required by any other indebtedness of the Local Government and perform all of its
obligations in connection with all other indebtedness of the Local Government.
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Section 9.9 Litiaation; Material Change. The Local Government shall promptly
notify VRA of (i) the existence and status of any litigation that County Attorney determines is
not reasonably certain to have a favorable outcome and which individually or in the aggregate
could have a material adverse effect on the financial condition or operations of the Local
Government or its ability to perform its payment and other obligations under this Agreement or
the Local Bond or (ii) any change in any material fact or circumstance represented or warranted
in this Agreement.
ARTICLE X
DEFAULTS AND REMEDIES
Section 10.1 Events of Default. Each of the following events is an "Event of Default":
(a) The failure to pay any installment of principal of or premium, if any, on
the Local Bond when due (whether at maturity, by mandatory or optional redemption, by
acceleration or otherwise).
(b) The failure to pay any installment of interest (including Supplemental
Interest) on the Local Bond when due.
(c) The failure to make any other payment or deposit required by this
Agreement within 15 days after its due date.
(d) The Local Government's failure to perform or observe any of the other
covenants, agreements or conditions of the Local Bond or this Agreement and the continuation
of such failure for a period of 60 days after written notice specifying such failure and requesting
that it be cured is given to the Local Government by VRA, or, in the case of any such failure
which cannot with diligence be cured within such 60 -day period, the Local Government's failure
to proceed promptly to commence to cure the failure and thereafter to prosecute the curing of the
failure with diligence.
(e) Any warranty, representation or other statement by or on behalf of the
Local Government contained in this Agreement or in any instrument furnished in compliance
with or in reference to this Agreement or in connection with the issuance and sale of the Local
Bond is false and misleading in any material respect.
(f) Any bankruptcy, insolvency or other similar proceeding shall be instituted
by or against the Local Government under any federal or state bankruptcy or insolvency law and,
if instituted against the Local Government, is not dismissed within 60 days after filing.
Section 10.2 Acceleration. Upon the occurrence and continuation of an Event of
Default, VRA may, by notice in writing delivered to the Local Government, declare the entire
unpaid principal of and interest on the Local Bond due and payable. Upon any such declaration,
the Local Government shall immediately pay to the Trustee the entire unpaid principal of and
accrued interest on the Local Bond, but only from the collateral and other funds specifically
pledged hereby. VRA may in its discretion waive an Event of Default and its consequences and
rescind any acceleration of maturity of principal of and interest on the Local Bond.
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Section 10.3 Other Remedies. Upon the occurrence and continuation of an Event of
Default, VRA may proceed to protect and enforce its rights by mandamus or other action, suit or
proceeding at law or in equity for specific performance of any agreement contained in the Local
Bond or this Agreement. No remedy conferred by this Agreement upon or reserved to the
registered owners of the Local Bond is intended to be exclusive of any other remedy, but each
such remedy shall be cumulative and shall be in addition to any other remedy given to VRA
under this Agreement or now or hereafter existing at law or in equity or by statute.
Section 10.4 Delay and Waiver. No delay or omission to exercise any right or power
accruing upon any default or Event of Default shall impair any such right or power or shall be
construed to be a waiver of any such default or Event of Default or acquiescence in it, and every
such right and power may be exercised from time to time and as often as may be deemed
expedient. No waiver of any default or Event of Default under this Agreement shall extend to or
shall affect any subsequent default or Event of Default or shall impair any rights or remedies
consequent to it.
ARTICLE XI
MISCELLANEOUS
Section 11.1 State Aid Intercept. The Local Government acknowledges that VRA is
treating the Local Bond as a "local obligation" within the meaning of Section 62.1-199 of the
Act, including amendments thereto taking effect as of July 1, 2011, which in the event of a
nonpayment thereunder authorizes VRA or the Trustee to file an affidavit with the Governor that
such nonpayment has occurred pursuant to Section 62.1-216.1 of the Act. In purchasing the
Local Bond, VRA is further relying on Section 62.1-216.1 of the Act, providing that if the
Governor is satisfied that such nonpayment has occurred, the Governor will immediately make
an order directing the Comptroller to withhold all further payment to the Local Government of
all funds, or of any part of them, appropriated and payable by the Commonwealth to the Local
Government for any and all purposes, and the Governor will, while the nonpayment continues,
direct in writing the payment of all sums withheld by the Comptroller, or as much of them as is
necessary, to VRA, so as to cure, or cure insofar as possible, such nonpayment.
Section 11.2 Successors and Assigns. This Agreement shall be binding upon, inure to
the benefit of and be enforceable by the parties and their respective successors and assigns.
Section 11.3 Amendments. VRA and the Local Government shall have the right to
amend from time to time any of this Agreement's terms and conditions, provided that all
amendments shall be in writing and shall be signed by or on behalf of VRA and the Local
Government.
Section 11.4 Limitation of Local Government's Liability. Notwithstanding anything
in the Local Bond or this Agreement to the contrary, the Local Government's obligations
hereunder and under the Local Bond are not its general obligations, but are limited obligations
payable solely from the Special Fund which is specifically pledged for such purpose. Neither the
Local Bond nor this Agreement shall be deemed to create or constitute a debt or a pledge of the
faith and credit of the Local Government and the Local Government shall not be obligated to pay
the principal of or premium, if any, or interest on the Local Bond or other costs incident to them
-25-
except from the Special Fund and other funds pledged for such purpose. In the absence of fraud
or intentional misconduct, no present or future director, official, officer, employee or agent of the
Local Government shall be liable personally to VRA in respect of this Agreement or the Local
Bond or for any other action taken by such individual pursuant to or in connection with the
financing provided for in this Agreement or the Local Bond.
Section 11.5 Applicable Law. This Agreement shall be governed by Virginia law.
Section 11.6 Severability. If any clause, provision or section of this Agreement shall
be held illegal or invalid by any court, the illegality or invalidity of such clause, provision or
section shall not affect the remainder of this Agreement which shall be construed and enforced as
if such illegal or invalid clause, provision or section had not been contained in this Agreement.
If any agreement or obligation contained in this Agreement is held to be in violation of law, then
such agreement or obligation shall be deemed to be the agreement or obligation of VRA and the
Local Government, as the case may be, only to the extent permitted by law.
Section 11.7 Notices. Unless otherwise provided for herein, all demands, notices,
approvals, consents, requests, opinions and other communications under the Local Bond or this
Agreement shall be in writing and shall be deemed to have been given when delivered in person
or mailed by first class registered or certified mail, postage prepaid, addressed (a) if to the Local
Government, at the address specified for notices on the signature page; (b) if to VRA, at 1111
East Main Street, Suite 1920, Richmond, Virginia 23219, Attention: Executive Director; or (c) if
to the Trustee, at 1021 East Cary Street, 181h Floor, Richmond, Virginia 23219, Attention:
Corporate Trust Department. A duplicate copy of each demand, notice, approval, consent,
request, opinion or other communication given by any party named in this Section shall also be
given to each of the other parties named. VRA, the Local Govermnent and the Trustee may
designate, by notice given hereunder, any further or different addresses to which subsequent
demands, notices, approvals, consents, requests, opinions or other communications shall be sent
or persons to whose attention the same shall be directed.
Section 11.8 Rijzht to Cure Default. If the Local Government fails to make any
payment or to perform any act required by it under the Local Bond or this Agreement, VRA or
the Trustee, without prior notice to or demand upon the Local Government and without waiving
or releasing any obligation or default, may (but shall be under no obligation to) make such
payment or perform such act. All amounts so paid by VRA or the Trustee and all costs, fees and
expenses so incurred shall be payable by the Local Government as an additional obligation under
this Agreement, together with interest thereon at the rate of 15% per year until paid. The Local
Government's obligation under this Section shall survive the payment of the Local Bond.
Section 11.9 Term of Agreement. This Agreement is effective as of the Effective
Date. Except as otherwise specified, the Local Government's obligations under the Local Bond
and this Agreement shall expire upon payment in full of the Local Bond and all other amounts
payable by the Local Government under this Agreement.
Section 11.10 Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be an original and all of which together shall constitute but one
and the same instrument.
K0
[Signature Pages Follow]
Z:)
-27-
WITNESS the following signatures, all duly authorized.
VIRGINIA RESOURCES AUTHORITY
Stephanie L. Hamlett, Executive Director
[Signature Page of Local Bond Sale and Financing Agreement]
XGUIZ`IMKIIWe001QRS 1191.E0lto] wIMIi1 III" wl01
By: _
Name:
Title:
Address for Notices:
Chesterfield County
Laine B. Ramsey Chesterfield County Administration Building
9901 Lori Road
Chesterfield, Virginia 23832
Attention: Director, Budget & Management
With a copy to:
Chesterfield County
Laine B. Ramsey Chesterfield County Administration Building
9901 Lori Road
Chesterfield, Virginia 23832
Attention: County Attorney
[Signature Page of Local Bond Sale and Financing Agreement]
The Trustee, by the execution hereof, accepts the duties imposed on it by this Agreement.
U.S. BANK NATIONAL ASSOCIATION, as
Trustee
Patricia A. Welling, Vice President
[Signature Page of Local Bond Sale and Financing Agreement]
EXHIBIT A
FORM OF LOCAL BOND
[To be provided by Local Bond Counsel]
A-1
The Project consists of the financing of certain capital improvement projects for the
Local Government, including but not limited to the construction of a 50,000 square foot building
for use by the Local Government and a recreation -focused non-profit, together with related costs
of issuance.
EXHIBIT C
PENDING OR THREATENED ACTIONS, SUITS, PROCEEDINGS, OR
INVESTIGATIONS
[To be provided by Counsel for the Local Government]
C-1
101,40611
FORM OF REQUISITION
Requisition No.
Date:
U.S. Bank National Association, as Trustee
Attention: Corporate Trust Department
1021 East Cary Street
18`x' Floor
Richmond, Virginia 23219
Virginia Resources Authority
1111 East Main Street
Suite 1920
Richmond, Virginia 23219
Attention: Executive Director
This Requisition, including Schedule 1 and Schedule 2 hereto, is submitted in connection
with the Local Bond Sale and Financing Agreement dated as of March 31, 2017 (the "Financing
Agreement") between the Virginia Resources Authority and the County of Chesterfield, Virginia
(the "Local Government"). Unless otherwise defined in this Requisition, each capitalized term
used herein has the meaning given it under Article I of the Financing Agreement. The
undersigned Local Representative hereby requests payment of the following amounts from the
Local Account established for the Local Government in the 2017A Acquisition Fund established
under the Thirty -Eighth Supplemental Series Indenture.
Payee (including wiring instructions if receiving electronic payment):
Address:
Amount to be paid:
Purpose (in reasonable detail) for which obligations(s) to be paid were incurred:
1 > j
D- I
Attached on Schedule 2 are the wire instructions for this requisition, and also attached
hereto is an invoice (or invoices) relating to the items for which payment is requested.
The undersigned certifies that (i) the amounts requested by this Requisition will be
applied in accordance with the Local Tax Document and solely and exclusively to the payment,
or the reimbursement of the Local Government for its payment, of Project Costs of the
construction portion of the Project, (ii) no notice of any lien, right to lien or attachment upon, or
claim affecting the right to receive payment of, any of the money payable under the Requisition
to any of the persons, firms or corporations named in it has been received, or if any notice of any
such lien, attachment or claim has been received, such lien, attachment or claim has been
released or discharged or will be released or discharged upon payment of the Requisition, and
(iii) this Requisition contains no items representing payment on account of any retained
percentage entitled to be retained at this date.
If this Requisition includes payments for labor or to contractors, builders or materialmen,
the attached Certificate of Consulting Engineer must be completed. If this Requisition includes
payments for any lands or easements, rights or interest in or relating to lands, the attached
Certificate of the Consulting Engineer must be completed and there must be attached to this
Requisition a certificate signed by a Local Representative stating that upon payment therefor the
Local Government will have title in fee simple to, or easements, rights or interests sufficient for
the purposes of the construction portion of the Project over or through such lands.
The Local Government has agreed in the Financing Agreement that any amounts it
receives pursuant to this Requisition will be (i) immediately applied to reimburse the Local
Government for Project Costs it has already paid or (ii) actually spent to pay Project Costs
not later than five banking days after receipt.
Local Representative
rU x �Y
M
Me I UKt
Form to Accompany Requisition
Requisition #
Recipient: County of Chesterfield, Virginia — VRA 2017A
Local Representative:
Title:
Date:
Cost Total Previous Disbursement Disbursements Remaining
Category Project Cost Disbursements This Period to Date Balance
TOTALS $ $ $ $ $
D-3
SCHEDULE
Wire Instructions for Requisition
[To be provided by the Local Government]
ME
CERTIFICATE OF CONSULTING ENGINEER
The undersigned Consulting Engineer for the Local Government hereby certifies that (i)
insofar as the amounts covered by this Requisition include payments for labor or to contractors,
builders or materialmen, such work was actually performed or such materials, supplies or
equipment were actually furnished or installed in or about the Project, and (ii) insofar as the
amounts covered by the Requisition include payments for land or easements, rights or interests in
or relating to lands, such lands, easements, rights or interests are being acquired and are
necessary or convenient for the undertaking and completion of the Project.
Date: , 20
Consulting Engineer
D-5
EXHIBIT E
OPERATING DATA
ALTERNATIVE LANGUAGE Description of Local Government. A description of the
Local Government including a summary of its form of government and budgetary processes.
Debt. A description of the terms of the Local Government's outstanding tax -supported
and revenue debt including a historical summary of such outstanding debt; a summary of
authorized but unissued debt; a summary of legal debt margin (if any); a summary of
overlapping debt; and a summary of annual debt service on outstanding debt as of the end of the
preceding fiscal year. The annual disclosure should also include (to the extent not shown in the
latest audited financial statements) a description of contingent obligations as well as pension
plans administered by the Local Government and any unfunded pension liabilities.
Financial Information and Operating Data. Financial information and operating data
respecting the Local Government including a description of revenues and expenditures for its
major funds and a summary of its tax policy, structure and collections as of the end of the
preceding fiscal year.
E-1
EXHIBIT F
FORM OF OPINION OF COUNSEL TO THE LOCAL GOVERNMENT
[Print on the Letterhead of Counsel for the Local Government]
20
Board of Supervisors
County of Chesterfield, Virginia, Virginia
Virginia Resources Authority
Richmond, Virginia
County of Chesterfield, Virginia
County Project VRA Special Fund Revenue Bond, Series 2107
Ladies and Gentlemen:
I have acted as counsel to the County of Chesterfield, Virginia, Virginia (the "Local
Government"), in connection with the issuance and sale by the Local Government of its
$ County Project VRA Special Fund Revenue Bond, Series 2107 (the "Local
Bond"), the net proceeds of which will be applied to finance the Project (as defined in the
hereafter defined Financing Agreement) and in such capacity, I have examined, among other
things, the following documents:
(a) a certified copy of the Local Authorization, authorizing the issuance and sale of
the Local Bond to Virginia Resources Authority ("VRA") to finance the Project;
(b) a copy of the Local Bond Sale and Financing Agreement (the "Financing
Agreement") dated as of March 31, 2017, and between the Local Government and
VRA; and
(c) a copy of the Local Tax Document.
The documents referred to in clauses (b) and (c) above are referred to collectively as the
"Local Bond Documents."
I have also examined such other records and proceedings of the Local Government and
conducted such investigations as I deemed appropriate and necessary for purposes of this
opinion.
Unless otherwise defined, each capitalized term used in this opinion has the same
meaning given to such term in the Financing Agreement.
F-1
As to questions of fact material to the opinions and statements set forth herein, I have
relied upon representations of the Local Government set forth in the Local Bond Documents and
other certificates and representations by persons including representatives of the Local
Government. Whenever an opinion or statement set forth herein with respect to the existence or
absence of facts is qualified by the phrase "to the best of my knowledge" or a phrase of similar
import, it is intended to indicate that during the course of my representation of the Local
Government in connection with the Local Bond Documents no information has come to my
attention that should give me current actual knowledge of the existence or absence of such facts.
Except to the extent expressly set forth herein, I have not undertaken any independent
investigation of the existence or absence of such facts, and no inference as to my knowledge or
the existence or absence of such facts should be drawn from the fact of my representation or any
other matter.
Based upon such examination and assuming the authorization, execution, delivery and
enforceability of all documents by parties other than the Local Government, I am of the opinion
that:
I. The Local Government is a duly created and validly existing political subdivision
of the Commonwealth and is vested with the rights and powers conferred upon it by Virginia
law.
2. The Local Government has full right, power and authority to (i) adopt the Local
Authorization and execute and deliver the Local Bond Documents and all related documents,
(ii) undertake the Project and (iii) carry out and consummate all of the transactions contemplated
by the Local Authorization and the Local Bond Documents.
3. The Local Bond Documents were duly authorized by the Local Authorization and
the Financing Agreement is in substantially the same form as presented to the Governing Body at
its meeting at which the Local Authorization was adopted.
4. All governmental permits, licenses, registrations, certificates, authorizations and
approvals required to have been obtained as of the date hereof have been obtained for (i) the
Local Government's adoption of the Local Authorization, (ii) the execution and delivery of the
Local Bond Documents and the Local Bond, (iii) the Local Government's performance of its
obligations under the Local Bond Documents and the Local Bond, and (iv) to the best of my
knowledge, the operation and use of the Related Financed Property. I know of no reason why
any such required governmental permits, licenses, registrations, certificates, authorizations or
approvals cannot be obtained as required in the future.
5. The Financing Agreement has been executed and delivered by duly authorized
officials of the Local Government and constitutes a legal, valid and binding obligation of the
Local Government enforceable against the Local Government in accordance with its terms. The
Local Bond has been executed and delivered by duly authorized officials of the Local
Govermnent and will constitute a legal, valid and binding limited obligation of the Local
Government enforceable against the Local Government in accordance with its terms.
'E"
F-2 _- 0
The obligations of the Local Government under the Financing Agreement and the Local
Bond, and the enforceability of such obligations, may be limited or otherwise affected by (i)
bankruptcy, insolvency, reorganization, moratorium and other laws affecting the rights of
creditors generally, (ii) principles of equity, whether considered at law or in equity, (iii) the
exercise of sovereign police powers of the Commonwealth, and (iv) rules of law which may limit
the enforceability on public policy grounds of any obligations of indemnification undertaken by
the Local Government.
6. The issuance of the Local Bond and the execution and delivery of the Local Bond
Documents and the performance by the Local Government of its obligations thereunder are
within the powers of the Local Government and will not conflict with, or constitute a breach or
result in a violation of (i) any federal or Virginia constitutional or statutory provision, (ii) to the
best of my knowledge, any agreement or other instrument to which the Local Government is a
party or by which it is bound or (iii) any order, rule, regulation, decree or ordinance of any court,
government or governmental authority having jurisdiction over the Local Government or its
property.
7. The Local Govermnent, to the best of my knowledge, is not in default in the
payment of the principal of or interest on any of its indebtedness for borrowed money and is not
in default under any instrument under and subject to which any indebtedness for borrowed
money has been incurred. To the best of my knowledge, no event or condition has happened or
existed, or is happening or existing, under the provisions of any such instrument, including but
not limited to the Financing Agreement, which constitutes, or which, with notice or lapse of
time, or both, would constitute an event of default thereunder.
8. The Local Government (i) to the best of my knowledge, is not in violation of any
existing law, rule or regulation applicable to it in any way which would have a material adverse
effect on its financial condition or its ability to perform its obligations under the Local Bond or
the Local Bond Documents and (ii) is not in default under any indenture, mortgage, deed of trust,
lien, lease, contract, note, order, judgment, decree or other agreement, instrument or restriction of
any kind to which the Local Government is a party or by which it is bound or to which any of its
assets is subject, which would have a material adverse effect on its financial condition or its
ability to perform its obligations under the Local Bond and the Local Bond Documents. The
execution and delivery by the Local Government of the Local Bond and the Local Bond
Documents and the compliance with the terms and conditions thereof will not conflict with,
result in a breach of or constitute a default under any of the foregoing.
9. Except as set forth in the Financing Agreement, there are not pending nor, to the
best of my knowledge, threatened against the Local Government, any actions, suits, proceedings
or investigations of a legal, equitable, regulatory, administrative or legislative nature (i) affecting
the creation, organization or existence of the Local Government or the title of its officers to their
respective offices, (ii) seeking to prohibit, restrain or enjoin the approval, execution, delivery or
performance of the Local Authorization or the Local Bond Documents or the issuance or
delivery of the Local Bond, (iii) in any way contesting or affecting the validity or enforceability
of the Local Bond, the Local Authorization, the Local Bond Documents or any agreement or
instrument relating to any of the foregoing, (iv) in which a judgment, order or resolution may
have a material adverse effect on the Local Government or its business, assets, condition
F-3 :.
(financial or otherwise), operations or prospects or on its ability to perform its obligations under
the Local Authorization, the Local Bond Documents or the Local Bond, or (v) affecting the
undertaking of the Project.
Very truly yours,
l=
EXHIBIT G
FORM OF CERTIFICATION AS TO NO DEFAULT AND TAX COMPLIANCE
[Insert Name]
Compliance & Financial Analyst
Virginia Resources Authority
1111 East Main Street, Suite 1920
Richmond, VA 23219
Dear [Mr./Ms.]
In accordance with Section 9.4 of the Local Bond Sale and Financing Agreement dated as
of March 31, 2017 (the 'Financing Agreement") between Virginia Resources Authority and the
County of Chesterfield, Virginia (the "Local Government"), I hereby certify that, during the
fiscal year that ended June 30, , and through the date of this letter:
[No event or condition has happened or existed, or is happening or existing, which
constitutes, or which, with notice or lapse of time, or both, would constitute, an Event of
Default as defined in Section 10.1 of the Financing Agreement.] [If an Event of Default
has occurred, please specify the nature and period of such Event of Default and what
action the Local Government has taken, is taking or proposes to take to rectify it].
2. [The ownership and status of all or a portion of the Related Financed Property has not
changed since the Closing Date.] [If untrue, please describe.]
3. [Neither the Related Financed Property nor any portion thereof is being used by a
Nongovernmental Person pursuant to a lease, an incentive payment contract or a take -or -
pay or other output -type contract.] [If untrue, please describe.]
4. [Neither the Related Financed Property nor any portion or function thereof is being used
pursuant to or is otherwise subject to a Service Contract that does not satisfy the
requirements of Revenue Procedure 97-13, as modified by Revenue Procedure 2001-39
and IRS Notice 2014-67.] [If untrue, please describe.]
5. [Other than as may be described in paragraphs 2, 3 and 4 above, neither the Related
Financed Property nor any portion or function thereof nor any portion of the Proceeds is
being used for a Private Business Use.] [If untrue, please describe.]
G-1
6. [The Local Government has not used or permitted the use of any Proceeds of the Local
Bond directly or indirectly to make a loan to an ultimate borrower other than itself within
the meaning of Section 4.3 of the Local Tax Document.] [If untrue, please describe.]
7. [Other than any amounts described in the Local Tax Document (as defined in the
Financing Agreement), between VRA and the Local Government and amounts that may
constitute or be on deposit in a Bona Fide Debt Service Fund, there neither have been nor
are now any moneys, securities, obligations, annuity contracts, residential rental property,
AMT Bonds, investment -type property, Sinking Funds, Pledged Funds, or other
Replacement Proceeds accumulated or held or pledged as security by the Local
Government or any other Substantial Beneficiary of the Local Bond as security for or the
direct or indirect source of the payment of the principal of or interest on the Local Bond.]
[If untrue, please describe.]
8. [The Local Government is in compliance with the recordkeeping requirements of Section
4.9 of the Local Tax Document.] [If untrue, please describe.]
9. [Other than as may be described above, the Local Government is not in default of any of
its obligations under the Local Tax Document.] [If untrue, please describe.]
10. Unless otherwise defined herein, each capitalized term used herein has the meaning set
forth in the Local Tax Document.
Sincerely,
[Insert Name]
Local Representative
G-2
SCHEDULE 1.1
I W 11M.1111111 of 904
Principal Amount of Related Series of VRA
Bonds
Principal Amount of Local Bond
Purchase Price
The Purchase Price was determined as follows: by adding to the par amount of the portion of the
Related Series of VRA Bonds ($�, the Local Government's share of the net premium on
the Related Series of VRA Bonds ($ ) and by subtracting from the par amount of the
Related Series of VRA Bonds the Local Government's share of VRA's Expenses set forth in
Section 3.2 ($) and the Local Government's share of the deposit on the Closing Date to
a VRA Reserve ($).
ADDITIONAL CONDITIONS PRECEDENT TO PURCHASE OF LOCAL BOND:
ADDITIONAL CONDITIONS PRECEDENT TO FIRST REQUISITION OF PROCEEDS
OFLOCAL BOND:
1.1-2
PROJECT BUDGET
Sources
Par Amount
Premium
Estimated E
Total Sources
Uses
Construction
Design & Engineering
Local Costs of Issuance
VRA Costs of Issuance
Capital Reserve Fund - Partial Allocation
Underwriter's Discount
Contingency
Total Uses
1.1-3
INTEREST RATES AND PAYMENT SCHEDULE FOR LOCAL BOND
1.1-4
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: March 29, 2017 Item Number: 133.11.b.1.
Subiect:
Resolution Recognizing Mrs. Cinthia Sprinkle, Department of Mental Health
Support Services, Upon Her Retirement
County Administrator's Comments:
County Administrator:
Board Action Requested:
Adoption of the attached resolution.
Summary of Information:
Mrs. Sprinkle is retiring from the Department of Mental Health Support
Services after providing over 15 years of service to the citizens of
Chesterfield County.
Preparer: Debbie Burcham Title: Executive Director of Chesterfield CSB/MHSS
RECOGNIZING MRS. CINTHIA SPRINKLE UPON HER RETIREMENT
WHEREAS, Mrs. Cinthia Sprinkle was hired by Chesterfield Mental
Health Support Services on August 20, 2001, and retired March 1, 2017,
after providing outstanding service to the residents of Chesterfield
County; and
WHEREAS, Mrs. Sprinkle began her career providing administrative
support as a Senior Office Assistant; and
WHEREAS, Mrs. Sprinkle served on the Employee Recognition
Committee from 2009 to 2016, the Rapid Cycle Change team in 2014 and as
a committee member for the new Psychiatric Evaluation process in 2016;
and
WHEREAS, Mrs. Sprinkle provided customer service and technical
support to numerous staff in various programs within the department for
which she received many certificates and accolades; and
WHEREAS, Mrs. Sprinkle served as the first point of contact both
in person and on the telephone from thousands of citizens seeking
services; and
WHEREAS, Mrs. Sprinkle served as the departmental liaison for the
Office of Security, Department of General Services, and numerous
vendors responsible for smooth and efficient operation and security of
the Rogers Building; and
WHEREAS, Mrs. Sprinkle used her experience and outstanding
skillsets to effectively train numerous full-time and part-time
administrative support employees as well as temporary employees; and
WHEREAS, Mrs. Sprinkle was committed to being a good steward of
the public trust by reviewing supply expenses and recommending changes
which resulted in a cost savings for the department; and
WHEREAS, for the past 10 years, Mrs. Sprinkle served as the
liaison for telecommunications requests; and
WHEREAS, Mrs. Sprinkle assisted the Facilities Manager with
various projects as well as worked with other intradepartmental
programs such as HRM, and provided guidance to CES workers.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board
of Supervisors recognizes the outstanding contributions of Mrs. Cinthia
Sprinkle, extends appreciation, on behalf of its members and the
citizens of Chesterfield County, for more than 15 years of dedicated
service to the county, and congratulations upon her retirement and best
wishes for a long, happy, and healthy retirement.
i. ,j 6
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: March 29, 2017 Item Number: 13.B.11.b.2.
Subject:
Resolution Recognizing Lieutenant Robert F. Burnette, Fire and Emergency
Medical Services Department, Upon His Retirement
County Administrator's Comments:
County Administrator:
Board Action Requested:
Adoption of attached resolution.
Summary of Information:
Lieutenant Robert F. Burnette retired from the Fire and Emergency Medical
Services Department on March 1, 2017, after providing over 34 years of
service to the citizens of Chesterfield County.
Preparer: Edward L. Senter Jr. Title
Attachments: 0 Yes No
Fire Chief
RECOGNIZING LIEUTENANT ROBERT F. BURNETTE
UPON HIS RETIREMENT
WHEREAS, Lieutenant Robert F. Burnette retired from the Chesterfield
Fire and Emergency Medical Services Department, Chesterfield County, on March
1, 2017; and
WHEREAS, Lieutenant Burnette started his career in Recruit School #12 in
May 1982 and has faithfully served the citizens of Chesterfield County for
over 34 years as a Firefighter and Officer at the Ettrick, Manchester,
Wagstaff, Dutch Gap, Bensley, Airport, Dale, Centralia, Rivers Bend and
Clover Hill Fire and EMS Stations; and
WHEREAS, Lieutenant Burnette was certified as one of the original 13
Advanced Life Support providers serving Chesterfield Fire and EMS; and
WHEREAS, Lieutenant Burnette served as an active member of the
Chesterfield Fire and EMS SCUBA Rescue Team since 1984 and Technical Rescue
Team since 1992; and
WHEREAS, Lieutenant Burnette was promoted to the rank of Lieutenant in
September 2002 and then served as the Tactical Safety Officer on A -Shift from
2008-2015; and
WHEREAS, Lieutenant Burnette served on numerous workgroups and assisted
with many organizational projects, including recruit school training
instructor, rewriting of the personnel water safety guidelines and the
development of Technical Rescue Team response procedures; and
WHEREAS, Lieutenant Burnette was awarded the Chesterfield Fire and
Emergency Medical Services Department Medal of Valor as well as an EMS
Lifesave Award for his heroic actions during Tropical Storm Gaston in August
2004 during which he was involved in the water rescue of two civilians under
extremely dangerous conditions; and was also recognized by the International
Association of Fire Chiefs receiving the Benjamin Franklin Fire Service Award
of Valor for those actions; and
WHEREAS, Lieutenant Burnette was recognized with several EMS Unit
Citation Awards over his career for the extraordinary teamwork and
outstanding level of care provided to patients with life-threatening injuries
and illnesses; and
WHEREAS, Lieutenant Burnette was recognized with a Unit Citation Award
for his effective teamwork during a water rescue of two citizens stuck on a
sandbar in June 2006; and
WHEREAS, Lieutenant Burnette was recognized with a Unit Citation Award
for his effective teamwork and lifesaving measures for a 13 -year old trapped
under a tree that had fallen on his house in September 2006; and
WHEREAS, Lieutenant Burnette was recognized with a Lifesave Award for
his actions in December 2009, when he rescued an elderly woman from a burning
apartment building.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of
Supervisors recognizes the valuable contributions of Lieutenant Robert F.
Burnette, expresses the appreciation of all citizens for his service to the
county, and extends appreciation for his dedicated service and
congratulations upon his retirement.
f"" - ?-X 1 p"J
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 1 of 1
AGENDA
Meeting Date. March 29, 2017 Item Number: 13.B.11.c.
Subiect:
Resolution Recognizing "Chesterfield County Classics Week"
County Administrator's Comments:
County Administrator:
Board Action Requested:
Adoption of the attached resolution.
Summary of Information:
Ms. Jaeckle requests that the Board adopt the attached resolution
recognizing "Chesterfield County Classics Week."
Preparer: Janice Blakley
Attachments: 0 Yes
Title: Clerk to the Board
1-1 No
RECOGNIZING "CHESTERFIELD COUNTY CLASSICS WEEK"
WHEREAS, the National Junior Classical League was founded
in 1936 to encourage an interest in and an appreciation of the
language, literature and culture of ancient Greece and Rome; and
WHEREAS, throughout Chesterfield County, there are 14
chapters of the Junior Classical League, comprised of nearly
1,500 middle and high school Latin, Greek, and Classics pupils;
and
WHEREAS, the Virginia Junior Classical League is a long-
time affiliate of the American Classical League, founded in 1919
for the purpose of fostering the study of classical languages in
the United States and Canada; and
WHEREAS, Chesterfield County's Junior Classical League
chapters are tangibly involved in the educational needs of their
student members and are committed to a better future for their
students and the community, through active participation in
service and outreach projects; and
WHEREAS, Chesterfield County's Junior Classical League
members believe that the Classics continue to hold a vital and
significant place in today's culture; and the Chesterfield
County Virginia Junior Classical League chapters, comprised of
students and teachers, believe that continued emphasis on the
study of the Classics is essential, if appreciation of the
Classics in language, arts, and Western culture is to remain
strong and valuable; and
WHEREAS, "Chesterfield County Classics Week" is held in
commemoration of April 21st, the traditional anniversary of the
founding of ancient Rome; and
WHEREAS, Chesterfield County recognizes the relevance of
Classical culture upon its own unique history, the wide interest
that countless Chesterfield citizens hold for the Classics, and
the advantages that a study of the Classical world offers to all
students.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County
Board of Supervisors recognizes "Chesterfield County Classics
Week," and calls this observance to the attention of its
citizens.
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 1 of 1
AGENDA
nay r
Meeting Date: March 29, 2017 Item Number: 13.B.12.a.
Subiect:
Transfer $4937 from the Dale District Improvement Fund to the Parks and
Recreation Department to Purchase and Install a Scoreboard on the Football
Field at Ironbridge Park
County Administrator's Comments:
County Administrator:
Board Action Requested:
The Board of Supervisors is requested to transfer $4937 from the Dale
District Improvement Fund to the Parks and Recreation Department to
purchase and install a scoreboard on the football field at Ironbridge Park.
Summary of Information:
Supervisor Holland has requested the Board to transfer $4937 from the Dale
District Improvement Fund to the Parks and Recreation Department to
purchase and install a scoreboard on the football field at Ironbridge Park.
This request was originally made by the Gates Athletic Association. While
the Board is not permitted under Virginia law to donate public funds to the
Athletic Association, the Board can transfer public funds to the Department
of Parks and Recreation to purchase and install a scoreboard since this is
a capital improvement to County property. The purchase must be made by the
Parks and Recreation Department in accordance with the Virginia Public
Procurement Act and County purchasing policies.
Preparer:
Matt Harris
Title: Director, Budget & Management
0425:98118.1
Attachments: 0 Yes F-1 No
CHESTERFIELD COUNTY
DISTRICT IMPROVEMENT FUNDS
APPLICATION
This application must be completed and signed before the County can consider a request for funding with
District Improvement Funds. Completing and signing this form does not mean that you 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
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 seek!
4. Describe in detail the funding request and how
the monev. if approved. will be scent.
S. Is any Chesterfield County Department involved
in the project, event or program for which you
are seeking funds?
Provide name of other department
6. If this request for funding will not fully fund
your activity or program, what other individual
or organization will provide the remainder of
the funding?
7. If the applicant is an organization, answer the
following
Is the organization a corporation
Gates Athletic Association
To provide organized play within the sports
organizations in which we participate. We are
committed to the highest standards of development
of each child within our organization. While it is our
goal to develop each child to their highest potential
we are committed to holding all of our members to
the hiahest level
To replace broken scoreboard at Ironbridge Park.
yes
Parks and Recreation
Gates Athletic Association. We are prepared to pay
1000.00 for installation.
No - corporation
Is the organization non-profit?
Yes - non-profit
Is the organization tax-exempt?
Yes - tax-exempt
8. Applicant Information:
Post office sox
Mailing Address
Chesterfield VA 23832 - address
Telephone Number
804-895-1398 - phone
Fax Number
_ fax
E -Mail Address
GATESGATORSFOOTBALL@a GMAIL.COM - email
Signature of the applicant — If you are signing on
behalf of an organization you must be the
Joshua field
president, vice-president, chairman/director or
Name of Applicant
vice-chairman.
Football Director—Title
If signing on behalf of organization
Joshua Field -printed name
3/212017 - date
Forinternal Use
)
Date Received:�---
District;
CHESTERFIELD COUNTY
=� BOARD OF SUPERVISORS Page 1 of 1
\' AGENDA
Meeting Date: March 29, 2017 Item Number: 133.12.1b.
Subject:
Transfer $5,000 in District Improvement Funds to the Chesterfield Fire
and Emergency Medical Services Department for the Memorial Wall Honoring
Firefighters and Emergency Medical Technicians Who Have Died in the Line
of Duty
County Administrator's Comments:
County Admin
The Board of Supervisors is requested to transf $1,000 each from the
Bermuda, Clover Hill, Dale, Matoaca and Midlothia District Improvement
Funds (total of $5,000) to the Chesterfield Fire EMS Department for
the memorial wall honoring firefighters and emergency medical
technicians who have died in the line of duty.
Summary of Information:
Supervisor Elswick has requested that the Board transfer $1,000 each
from the Bermuda, Clover Hill, Dale, Matoaca and Midlothian District
Improvement Funds (total of $5,000) to the Chesterfield Fire and EMS
Department to purchase bronze castings of firefighters' boots, coat,
gloves, helmet and an emergency technician's EMS response bag which will
be installed on the memorial wall honoring firefighters and emergency
medical technicians who have died in the line of duty. The wall is
located at the Eanes-Pittman Public Safety Training Center. The Board
may transfer public funds to a County department to make capital
improvements to public property.
Preparer:
Matt Harris
Title: Director, Budget & Management
0425:98148.1
Attachments: 0
Yes 1-1
No
AI on 100 1 a IN 9 1:11 1
IF! 11 ii I I III I 11 111iliffill JrliIllI�I� ii l il gri
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.
David Palumbo (retired battalion chief) on behalf of
1. What is the name of the applicant (person or Chesterfield County Fire and EMS Memorial Wall
organization) making this funding request? Committee clo CARES - Citizens Against Residential
Emeraencies
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 seeking?
4. Describe in detail the funding request and how the
money, if approved, will be spent.
5. Is any Chesterfield County Department involved in
the project, event or program for which you are
seeking funds?
Provide name of other department
6. If this request for funding will not fully fund your
activity or program, what other individual or
organization will provide the remainder of the
7. If the applicant is an organization, answer the
following
Provides emergency Fire and EMS to the citizens of
Chesterfield County
$5000.00 - Account - Citizens Against Residential
Emeraencies
Funding for two bronze castings - see attached
photographs:
1) Cost affirefighters` boots, coat, gloves and
helmet.
2) Emergency technician's EMS Response Bog.
Reoresents the EMS side and the firefiahters.
Yes
Chesterfield County Fire and EMS
David L Palumbo will request additional funds from
volunteer rescue squads, Chesterfield Firefighters
Local 2803, and locally owned fire departments
For Internal use
Is the organisation a corporation
No - corporation
Is the organization non-profit?
No - non-profit
Is the organization tax-exempt?
Drop -Down - tax-exempt
8. Applicant information:
14519 Blossom Place, Midlothian, VA 23112 -
Mailing Address
address
Telephone Number
804-514-8931 - phone
Fax Number
- fax
E -Mail Address
dlp1969@verizon.net - email
Signature of the applicant — If you are signing on
behalf of an organization you must be the president,
David L. Palumbo
Owpresident, chairman/director or vice-chairman.
Name of Applicant
� ��
Retired battalion chief with Chesterfield County fire
and EMS —Title
!f signing on behalf of organization
David L. Palumbo -printed name
March 8, 2017 - date
For Internal use
March 29, 2017
Speakers List
Evening Session #1
(Following Presentation of Resolutions)
1. David Lee
2. Kathryn Haines
3. Denisha Potts
4. Jenefer Hug_he_s
5. Rodney Martin
Evening Session #2
(End of the Evening Agenda)
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 1 of 2
AGENDA
L74.
Meeting Date: March 29, 2017 Item Number: 16.A.
Subiect:
Public Hearing on Proposed Ordinance Amendments Relating to Department of
Utilities Fee Changes
County Administrator's Comments:
County Administrator:
Board Action Requested:
Hold a public hearing on proposed ordinance amendments relating to Department
of Utilities fee changes.
Summary of Information:
This date and time has been scheduled to hold a public hearing on proposed
Utilities ordinance fee changes.
The Utilities Department's analysis of the FY2018 budget, capital replacement
and maintenance projects, and projections over the next ten years indicate
that current revenues, without fee increases, will not be sufficient to cover
operating and capital expenses. As an enterprise fund fully supported by
payments from users, fee increases are necessary to offset costs of capital
projects for rehabilitation of pump stations, new and replacement water
tanks, new and replacement water and wastewater lines, investments in older
neighborhoods to replace water and wastewater lines, the county's contractual
share of Richmond water plant projects, as well as maintaining the integrity
of the county's water and wastewater facilities. The additional revenues are
required to meet the projected longer term operating and capital costs. This
rate setting approach supports a financial plan to manage current and
projected capital expenses and is prudent financial management necessary to
maintain the triple AAA bond rating. The proposed changes in utility rates
are displayed below.
Preparer: Matt Harris Title: Director of Budget and Management
Attachments: Yes F1 No
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 2 of 2
AGENDA
Fee
Rate
Customer cost charges
$5.08 /month
Water commodity cost charge
$1.88/Ccf
Water capacity cost charge
$7.64/ERU/month
Wastewater commodity cost charge
$2.15/Ccf
Wastewater capacity cost charge
$14.15/ERU/month
A net total increase of $4.2 million in revenues is anticipated from the
change in the unit rate of the commodity, capacity, and customer charges
($1.6M in commodity charges, $2.4M in capacity charges, and $200,000 in
customer charges). A typical bi-monthly bill will increase from $120.38 to
$126.28. There are no proposed rate changes for utility connection fees for
water and sewer service.
The Utilities Department has improved the biological nutrient removal process
at the wastewater treatment plants resulting in a reduction in operational
costs to remove nutrients. An approximate 5 percent reduction in the strong
waste surcharge rate is being proposed for Total Nitrogen and Total
Phosphorus for industries that pay a strong waste surcharge. The proposed
strong waste surcharge rates are displayed below:
Strong Waste Surcharge Rate ($/lb.)
Total Nitrogen > 40 mg/L $1.56
Total Phosphorus > 8 mg/L $4.82
The proposed ordinance is attached.
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND
RE-ENACTING SECTION 18-27 RELATING TO UTILITIES USER CHARGES
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
(1) That Section 18-27 of'the Code of the County of Chesterfield 1997, as amended,
are amended and re-enacted to read as.follows:
Sec. 18-27. Utility charges.
Effective with bills issued on and after July 1, 2016-2017, the consumer shall pay
charges for utility service in accordance with the following schedules:
(a) Monthly service charges. The monthly service charge shall be:
(1) Customer cost charge. A customer cost charge of $2:44 $2.54 for each
service account. However, customers who have only a water account or a
wastewater account shall pay a customer cost charge of X1-8-8 $5.08.
(2) Commodity cost charge.
(i) Water: $ 4-411.88 per 100 cubic feet (Ccf).
(ii) Wastewater: $ 24-0 2.15 per 100 cubic feet (Ccf).
(3) Capacity cost charge.
0505:97951.1
Customer Class
Meter
Number
Monthly Capacity Charge
Size
of ERU's
(inches)
per Unit
Water
Wastewater
(i)
Dwelling, single-family, including
5/8
1.00
$ 7.40
$ i 3.02
townhouses and mobile homes that
7.64
14.15
are not located in a mobile home park
(ii)
Dwelling, two-family (per unit)
5/8
1.00
740
4W82
7.64
14.15
(iii)
Mobile homes that are located in a
0.85
&-04
4W07
mobile home park and multiple -family
6.49
12.03
dwellings other than multiple -family
dwellings used exclusively as housing
for colleges or universities (per unit)
(iv)
All other customer classes
5/8 and 3/4
1.00
74-0
43702
0505:97951.1
(b) Ancillary charges.
Type
Charge
000
(5)
7.64
14.15
1
2.50
17.75
32.55
pound
19.10
35.38
(6)
Septage dumping charge
1 1/2
5.00
35.50
65.10
38.20
70.75
2
8.00
56.90
184.1-6
61.12
113.20
3
16.00
113.60
208-32
122.24
226.40
4
25.00
177.58
325.50
191.00
353.75
6
50.00
355.00
651.00
382.00
707.50
8
80.00
568.00
1,041.
611.20
1,132.00
10
115.00
8160
1,497.3-0
878.60
1,627.25
12
155.00
1,'�8
2,018. wv
1,184.20
2,193.25
(v)
The capacity cost charge for a dwelling that is served by a meter that is larger than five-eighths inch
shall be the capacity cost charge in subsection (a)(3)(iv).
(b) Ancillary charges.
Type
Charge
000
(5)
Strong waste surcharge
BOD Surcharge Rate (RBOD) _ $0.23 per pound
TSS Surcharge Rate (RTSS) _ $0.21 per pound
TN Surcharge Rate (RTN) _ $4,64 1.56 per
pound
TP Surcharge Rate (RTP) _ $5-87 4.82 per pound
(6)
Septage dumping charge
$50.00 per 1,000 gallons
(2) That this ordinance shall become effective July 1, 2017.
0505:97951.1 2 ' "'
r
tCh1 oub 07imes-Diff atch
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
March 22, 2017
Date Category Description Ad Size Total Cost
03/22/2017 Meetings and Events CHESTERFIELD COUNTY UTILITY RATES CHANGE 4 x 10.50 IN 2,955.00
Publisher of the
Richmond Times -Dispatch
This is to certify that the attached CHESTERFIELD COUNTY UTILI was
published by the Richmond Times -Dispatch, Inc. in the City of
Richmond, State of Virginia, on the following dates:
03/15, 03/22/2017
The First insertion being given ... 03/15/2017
Newspaper reference: 0000494704
Sworn to and subscribed before me this
Notar� Public Supervisor
State of Virginia
City of Richmond
My Commission expires
Kimberly B. Harris
NOTARY PUBLIC
Commonwealth of Virginia
Notary Registration Number 356753
Commission Expires January 31, 2021
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
TAKE NOTICE
Take notice that the Board of Supervisors of Chesterfield County, Virginia, at an adjourned meeting on Wednesday, March 29, 2017
at 6 p.m. in the Chesterfield County Public Meeting Room at 10001 Iron Bridge Road, will hold a public hearing to consider:
An ordinance to amend the Code of the County of Chesterfield, 1997, as amended, by amending and re-enacting
Section 18-27 relating to utility user charges.
This ordinance is being proposed pursuant to authority granted to the County by Va. Code §§ 15.2-2109,15.2-2118, 15.2-2119 and
15.2-2143. The full text of the ordinance is reproduced below. A copy of the ordinance is also on file in the County Administrator's
office, Room 504, 9901 Lori Road, Chesterfield County, Virginia and may be examined between the hours of 8:30 a.m. and 5 p.m.,
Monday through Friday.
The hearing will be open to the public and will be accessible to persons with disabilities. The Board of Supervisors will allow the public
an opportunity to speak. To sign up to speak, or request special accommodations, call the Clerk to the Board of Supervisors at 804-
748-1200. Speakers may also sign up in person at 5:45 p.m. before the public hearing. Persons needing interpreter services must
notify the Clerk to the Board no later than Friday, March 24, 2017.
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND
RE-ENACTING SECTION 18-27 RELATING TO UTILITIES USER CHARGES
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
(1) That Section 18-27 of the Code of the County of Ches1997, as amended, are amended, and re-enacted to read as
follows..
Sec. 18-27. Utility charges.
Effective with bills issued on and after July 1, 2046 2017, the consumer shall pay charges for utility service in accordance
with the following schedules:
(a) Monthly service charges. The monthly service charge shall be:
(1) Customer cost charge. A customer cost charge of $2.44 $2.54 for each service account. However,
customers who have only a water account or a wastewater account shall pay a customer cost charge of $4:88 $5.08.
(2) Commodity cost charge.
(i) Water: $4$11.88 per 100 cubic feet (Ccf).
(i) Wastewater: $240 2.15 per 100 cubic feet (Ccf).
(3) Capacity costcharge-
(b) Ancillary charges.
type Charge
Customer Class
Meter Size
(inches)
Number of
ERUs per Unit
Monthly Capacity Charge
Water Wastewater
(i)
Dwelling, single-family, including townhouses and
manufactured homes that are not located in a
manufactured home park
5/8
1.00
$4.48 7.64
$13:02 14.15
Dwelling, two-family (per unit)
5/8
1.00
7-.% 7.64
4ae2 14.15
Manufactured homes that are located in a
manufactured home park and multiple -family dwellings
other than multiple -family dwellings used exclusively
as housing for colleges or universities (per unit)
0.85
6,04 6.49
44-87 12_03
(iv)
All other customer classes
5/8, 3/4
1.00
740 7.64
4392 14_15
1
2.50
1775 19_10
32:55 33.338
1 1/2
5.00
3530 38_20
65:40 70_75
2
8.00
56430 61.12
404.46 113.20
3
16.00
113.60 122.24
208.32 226.40
4
25.00
1 :50 191.00
3253053 3.75
6
50.00
35580 382.00
65180 707.50
8
80.00
56680161.20
1,041.60 1.132.00
10
115.00
816..50 878.60
1,497.30 1.627.25
12
155.00
1 1;100.60 1.184.20
2;018.18 2.1 33.25
(v)
The capacity cost charge for a dwelling that is served by a meter that is larger than five-eighths inch shall be the capacity
cost charge in subsection (a)(3)(iv).
(b) Ancillary charges.
type Charge
000
(5)
Strong waste surcharge
BOD Surcharge Rate (RBOD) = $0.23 per pound
TSS Surcharge Rate (RTSS) = $0.21 per pound
TN Surcharge Rate (RTN) = $4:641.56 per pound
TP Surcharge Rate (RTP) = $587 4.82 per pound
(6)
Septage dumping charge
$50.00 per 1,000 gallons
000
(2) That this ordinance shall become effective July 1, 2017
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: March 29, 2017 Item Number: 16.B.
Subiect:
Public Hearing on Proposed 2017 Tax Rates
County Administrator's Comments:
County Administrator:
Board Action Rec
Hold a Public Hearing on the Proposed 2017 Tax Rates Ordinance.
Summary of Information:
This date and time has been scheduled to hold a public hearing on tax rates
for the tax year 2017. The County Administrator's Proposed FY2018 Financial
Plan holds all rates constant with those in tax year 2016.
The real estate tax rate advertised for this public hearing is $0.96. All
other tax rates were advertised unchanged from 2016. Based on the
advertisement, the Board of Supervisors cannot adopt tax rates higher than
those advertised.
Preparer: Matt Harris Title: Director, Budget and Management
Attachments: 0 Yes ❑ No # 00,017,6
AN ORDINANCE TO ESTABLISH THE ANNUAL TAX LEVY
ON VARIOUS CLASSES OF PROPERTY FOR THE
COUNTY OF CHESTERFIELD
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
(1) That for the year beginning on the first day of January, 2017, and ending on the
thirty first day of December, 2017, the taxes on property in all the Magisterial Districts
of the County of 'Chesterfield shall be as follows:
Sec. 1. Real Property and Mobile Homes.
(a) Except as provided in Sec. 1 (b), on tracts of land, lots or improvements
thereon and on mobile homes the tax shall be $0.96 on every $100 of assessed value
thereof.
(b) On tracts of land, lots or improvements thereon and on mobile homes in
the Powhite Parkway -Charter Colony Parkway Interchange Service District the tax shall
be the tax provided in Sec. 1 (a) plus $0.15 on every $100 of assessed value thereof.
Sec. 2. Personal Property.
(a) On automobiles, trailers, boats, boat trailers, other motor vehicles and on
all tangible personal property used or held in connection with any mining, manufacturing
or other business, trade, occupation or profession, including furnishings, furniture and
appliances in rental units, the tax shall be $3.60 on every $100 of the assessed value
thereof.
(b) On aircraft as defined by Section 58.1-3503 and -3506 of the Code of
Virginia, 1950, as amended, the tax shall be $.50 on every $100 of the assessed value
thereof.
(c) On motor vehicles owned or leased by members of volunteer rescue
squads, volunteer fire departments, volunteer police chaplains and by auxiliary police
officers as provided in Section 9-57, Code of the County of Chesterfield, 1997, as
amended, the tax shall be $.96 on every $100 of the assessed value thereof.
(d) On wild or exotic animals as defined by Section 58.1-3506 of the Code of
Virginia, 1950, as amended, the tax shall be $0.01 on every $100 of the assessed value
thereof.
(e) On motor vehicles which use clean special fuels as defined in Section
46.2-749.3 of the Code of Virginia, 1950, as amended, the tax shall be $3.24 on every
$100 of the assessed value thereof.
0425:98069.1
(f) On motor vehicles, trailers, and semitrailers with a gross vehicle weight of
10,000 pounds or more used to transport property for hire by a motor carrier engaged in
interstate commerce, the tax shall be $.96 on every $100 of the assessed value thereof.
(g) On motor vehicles which are specially equipped to provide transportation
for physically handicapped individuals, the tax shall be $.01 on every $100 of the
assessed value thereof.
Sec. 3. Public Service Corporation Property.
(a) On that portion of real estate and tangible personal property of public
service corporations which has been equalized as provided in Section 58.1-2604 of the
Code of Virginia, 1950, as amended, the tax shall be $0.96 on every $100 of the assessed
value thereof determined by the State Corporation Commission.
(b) The foregoing subsections to the contrary notwithstanding, on automobiles
and trucks belonging to such public service corporations the tax shall be $3.60 on every
$100 of assessed value thereof.
Sec. 4. Machinery and Tools.
On machinery and tools used in a manufacturing or mining business the tax shall
be $1.00 on every $100 assessed value thereof.
7
0425:98069.1 2
cbtmanb glmefi-Aspatcb
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
March 22, 2017
Date Category Description Ad Size Total Cost
03/22/2017 Meetings and Events Take Notice Take notice that the Board of Supervisors of Chest 2 x 18 L 177.00
TakeNotice
Take notice that tfo Board of Supervisors of Chesterfield County, Vir•
gnia of an �joumed mleeting on Wednesday, twkr� 29 2017 at 6:05
pm, m the Chesterfiald Courtly Public Mee6rg Boom at 10001 Iral
Bridge Road, w�Il told a pu6Gc fcearirn�gg to connsider
An ordnance to estaalah the unlunal talc levy on various
Sof
property fa tl� County � Chesterfi�d, trrgmia,
A copy of the ord�ronce cs ou fik io the County Administrator's office,
Roan 504Al Lai Road, el County, Ifirginia and may be ex•
mined btan the fours of R am. old 5:00 pm, Monday tlualgh
Friday.
The head will lie open tothe puallo and ill be xmAle to persons
wh digN sties. The Board of Supervloors will allow the pilie an q
porWa0tos A TtoBoards* orrgest speaal accemmada.
Sup6sors at SM -41200. Spunk-
ers may & sill up in prion at 5:45 pm, before the public heanin;
Persons roedo mWer Woes must nobly the Udto dre Board
no later than friday, W6 14,2017,
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:
03/15, 03/22/2017
The First insertion being given ... 03/15/2017
Newspaper reference: 0000494268
Sworn to and subscribed before me this
►/allnjtj �) L-2-2-10
Notary Public Supervisor
State of Virginia
City of Richmond
My Commission expires
Kimberly B. Harris
NOTARY PUBLIC
Commonwealth of Virginia
Notary Registration Number 356753
,7ommission Expires January 31, 2021
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
Public Hearing #2 - 6:05 p.m.
To Consider Proposed 2017 Tax Rates
THOSE PEOPLE WISHING TO SPEAK AT THE PUBLIC HEARING TO CONSIDER AN ORDINANCE TO
CONSIDER PROPOSED 2017 TAX RATES FOR THE COUNTY OF CHESTERFIELD
SHOULD PRINT THEIR NAME BELOW. SPEAKERS WILL BE CALLED IN THAT ORDER.
TAX RATES
-'
Number
1
Name
Organization
Fred Demey
Z
Donald Wilms
Chesterfield Education Association
3
Sara Gilliam
President, County Council PTA
_ 4
-- - 5
6�
Car_olin_e Lee
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4
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10'
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_
-
11
12
13
14'
15
--
16I-
- -
- - - -- ------
17
18
- - -
20
21
22
23'
24
--
- - 25 -- -
-_ -
261
27
--- 28
- -
29:
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3031,'
- -_
32
33 ''.
r
2017 Tax Rate
T;-ej oe mc
SPCAbx -#I
Chesterfield has become the HIGH TAX, HIGH COST County in Central Virginia.
Chesterfield's real estate tax rate is 96 cents per $100 of assessed value, Henrico
County is 87 cents per $100, Hanover County is 81 cents per $100 of assessed value
and Amelia County is 51 cents per $100 of assessed value. In addition, our personal
property Car tax, is the highest in the area at $3.60 per $100 of assessed value,
while Henrico County is $3.50, and Hanover County is $3.57. Also according to the
chesterfield. gov website, we have a DOG tax, payable yearly, can't do without a
dog tax. Oh and Mrs. Jaeckle, you and Mr. Holland voted to raise our car
registration tax by 100%, several years ago, while all but you Mr. Winslow, voted
to add ANOTHER NEW TAX last year, the Rain Tax which taxes the rain runoff
on property owner's land, there are more, but time is limit. These taxes all add up to
unnecessarily put a large financial burden on households in Chesterfield.
With a School budget running 1.7% above the 2016 inflation rate of 2.1 %, and the
County budget running 1.6% above 2016 inflation, the excess expenditures, or
FAT, in the budgets is $22.4 Million. A combined School/County budget running
with $22.4 Million in excess expenditures is NOT fiscally Conservative by any
stretch of the imagination, and with four of you Supervisors being Republicans and
pledging to uphold the Republican Creed, which states: That fiscal responsibility
and budgetary restraints must be exercised at all levels of government, Chesterfield
taxpayers expect you to do your upmost to keep your promises to the people who
elected you and control government spending to keep taxes from spiraling out of
control as they have here in Chesterfield.
+-
Fiscally Conservative government spending, as mentioned in the Republican Creed,
is why many people voted for you, and we expect fiscal responsibility because that
is what you promised us. While there are many competing views, there is certainly
enough money to cut the 96 cent real estate tax rate to 94 cents, which will provide
taxpayers with no real estate tax increase, but no tax decrease either, (Obs3/15/17)
and it will still have both the School budget and the County budget rising far
beyond the 2016 inflation rate.
Ladies and Gentlemen, having Chesterfield be the HIGH TAX, HIGH COST
County in Central Virginia, having had our taxes raised substantially over the last
three years, and having some of the highest County taxes in ALL of Virginia is
NOT, in any way, where we need to be, and we are looking to you for fiscal
responsibility.
Donald Wilms, President S-fRonkcf� CHESTERFIELD
EDUCATION
Board of Supervisors (Tax Rate Public Hearing) ASSOCIATION
March 29, 2017 ,,, . ,, -f it- yP_A
Mrs. Jaeckle, Members of the Board of Supervisors, Dr. Casey:
On March 15, I spent 6 hours with you at your work session. There I saw and heard our sheriff,
our chief of police, and our director of social services request increases in starting salaries, citing
numerous unfilled positions and their problems recruiting qualified folks to take those positions.
50 vacancies in a police force of 5351 means over 9% of our police positions are unfilled. Am I
still safe in my own county? Like the departments these three leaders head, our schools also
cannot fill positions that work directly with our students. How many students not receiving an
appropriate education is acceptable?
According to Blueprint Chesterfield, our county's citizens ranked education and public safety as
numbers 1 and 3, respectively, in the top areas to focus on in the next five years. It's time to do
what the citizens of this county rank as important, time to do what's right for public education
and public safety. The County's tax structure does not support quality teachers in the front of
every classroom. We must not allow short-sightedness to take precedence over long-range
planning and doing what's right for our Chesterfield community.
According to the Observer of March 152, "there is support within the board for keeping the
property tax rate at 96 cents when fiscal year 2018 starts on July 1, then cutting it to 95 cents on
Jan. 1, 2018." If there are folks who say they can't afford to keep their homes at their current
taxes, let's not deceive them into thinking they will get relief with a reduction in their real estate
taxes. A one -cent reduction on a $250,000 home will give the homeowner an extra $25, not
enough to keep him in his home. Other places actually have programs to help seniors stay in
their homes. Perhaps it's time we started a program to do just that.
We may not have the lowest tax rate in the metro -Richmond area, but compared to the rest of the
state, we are in the middle of the pack. We're all tired of your telling us what a good job we do.
Your words don't pay the bills. Leave the real estate tax alone, this year and next, and fund
Chesterfield's future. It's time for you to address the teacher crisis.
1 Remmers, Vanessa. "Chesterfield Budget Plan Aids Public Safety, Health Services." Richmond Times -Dispatch:
B3
2 McConnell, Jim. "Casey Submits a Budget, Holds Line on Tax Rate." Chesterfield Observer 15 Mar 2017: 2.
Tax Rate Public Hearing
Mrs. Jaeckl , Members of the Board, Dr. Casey,
Kcy
My name is Nancy Rader. I have lived and worked in Chesterfield for 16
years. When we first moved here from North Carolina we were drawn
to the great schools, convenient shopping, a house that was big enough
for my growing teenagers and outdoor recreation for my family. As you
can see a low tax bill wasn't on that list. We are a practical family and
we know that to have great schools, county parks, plus support services
and first responders we must help pay the bill. I've never thought of it
as taxes...for me and my family, it's always been about investment.
Here we are again talking about cutting taxes to save a few dollars per
household. A single penny reduction in the rate prevents our county
residents from building the quality public school programs and
emergency services that create a sable community.
I teach the most amazing class of 3rd grade students at Swift Creek
Elementary School. This is my last year. I'll be joining my husband in
Chicago. He moved over a year ago for a fantastic work opportunity. It
will be bitter sweet to start a new adventure while leaving the school
and students I love. In my first year, I taught in a trailer. It rained on
me and the students when I went to open the door. It leaked when it
rained and swayed when we experienced that earthquake. I was told
that the trailers were temporarv.
Over my career I've been in the trailers, in the building, and in the
trailers, AGAIN! They are still here and I am back in one!
Again, it's temporary. What does that mean for instruction? My
students do not have access to the same technology as the classes in
the building. We lack working internet , in some of the trailers, smart
boards, access to materials and resources... and don't even get me
started about lining up 25 kids to go to a bathroom 200 feet away.
We recently bought a home in Homer Glen, Illinois. We looked for the
similar surroundings.... maybe a bit smaller as the kids have grown and
moved on. We bought the same size house for close to the same value
as our home in Powderham. Our taxes, rather investment, will be over
$10,500 to support the community we want to live in.
You each can continue to build a community that stands above our
nearest competitors. Please maintain the current tax rate and use the
revenue to do what is right for both county employees and the families
that choose to build their lives here.
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 1 of 1
AGENDA
Meeting Date: March 29, 2017 Item Number: 16.C.
Subiect:
Public Hearing on the FY2018 Proposed Community Development Block Grant and
the HOME Investment Partnership Annual Plan
County Administrator's Comments:
County Administrator:
Board Action Requested:
Hold a Public Hearing on the FY2018 Proposed Community Development Block
Grant and the HOME Investment Partnership Annual Plan
Summary of Information:
This date and time has been scheduled to hold a public hearing on the FY2018
Proposed Community Development Block Grant and the HOME Investment
Partnership Annual Plan. The FY2018 recommendation for this program totals
$1,735,000 which is comprised of $1,340,000 in new CDBG allotments, $142,400
in reprogrammed CDBG, and $395,000 in new HOME Investment Partnership
allotments. These allocations are based on a tentative notification posted
but are contingent upon final award notification from HUD of an approved
grant amount for FY2018. The County Administrator has incorporated
recommendations of the citizen review committee in the proposed budget.
The County's Community Development Block Grant and HOME Investment
Partnership Annual Plan for FY2018 is required to be submitted to the U.S.
Department of Housing and Urban Development by May 15, 2017. The submission
must follow a required public hearing by the Board of Supervisors.
Preparer: Matt Harris Title: Director, Budget and Management
—1
Attachments: Yes No
I OUC1179
County Administrator's Proposed FY2018 Community Development Block
Grant and HOME Investment Partnership Grants
HOME, Inc. Down payment Assistance Program 45,000
project: HOMES-Com prehensive Home Repair Program 250,000
CHDO Vacant Properties Rehab 100,000
Subtotal HOME
TOTAL
1,735,000
FY2018
Recommend
Activity
Funding
Bensley Extended Day Care
40,100
Better Housing Coalition Coordinated Care
35,000
BizWorks Enterprise Center
125,000
CDBG Housing Rehabilitation
250,000
CDBG Program Administration
160,100
Chesterfield Default and Foreclosure
14,500
Communities In Schools -At Risk Youth Program
25,000
Jefferson Davis Association
25,000
Pro -Active Code Compliance
151,300
Rebuilding Together
45,000
Richmond Metro Habitat for Humanity
99,000
St. Joseph's Villa
40,000
VSU Mixed Use Project
150,000
Commercial Building Fagade Improvement Program
175,000
Homeward
5,000
Subtotal CDBG
1,340,000
Reprogrammed
142,400
Total CDBG
1,197,600
HOME, Inc. Down payment Assistance Program 45,000
project: HOMES-Com prehensive Home Repair Program 250,000
CHDO Vacant Properties Rehab 100,000
Subtotal HOME
TOTAL
1,735,000
Public Hearing #3 - 6:10 p.m.
Community Development Block Grant and Home Annual Financial Plan
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 1 of 1
Ga AGENDA
Meeting Date: March 29, 2017 Item Number: 16.D.
Subiect:
Public Hearing to Consider the FY2018-2022 Proposed Capital Improvement
Program
County Administrator's Comments:
County Administrator:
Board Action Requested:
Hold a Public Hearing to Consider the FY2018-2022 Proposed Capital
Improvement Program.
Summary of Information:
This date and time has been scheduled to hold a public hearing on the County
Administrator's Proposed five-year Capital Improvement Program for FY2018-
2022 which totals $906,093,100 for County, Schools and Utility projects as
follows:
General County Projects
School Projects
Utility Projects
Total
Preparer: Matt Harris
Attachments: ❑ Yes No
$313,693,000
223,599,600
368,800,500
$906,093,100
Title: Director, Budget and Management
Public Hearing #4 - 6:20 p.m.
To Consider FY2018-2022 Capital Improvement Program
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 1 of 1
AGENDA
Meeting Date: March 29, 2017 Item Number: 16.E.
Subject:
Public Hearing on the FY2018 Proposed Budget
County Administrator's Comments:
County Administrator
Board Action Requested:
Hold a Public Hearing on the FY2018 Proposed Budget.
Summary of Information:
This date and time has been scheduled to hold a public hearing on the County
Administrator's FY2018 Proposed Budget which totals $1,372,919,100.
Preparer: Matt Harris
Attachments: 1:1 Yes
No
Title: Director, Budget and Management
CHESTERFIELD COUNTY, VIRGINIA
Proposed Budget For the Fiscal Year Ending June 30, 2018
CHESTERFIELD COUNTY
TAX RATES FOR CALENDAR YEAR 2017
iW Bow of SuaMeom of ChesterWk County w111 on WMnoday. March 29, 2017 .16 05 p.m. In iW Chesterfiek County Public Meetlnq Room M 10001
Iron Bridge Ilam, Wlo a WWIic AmMq to ronsker the e0ptWete
III Mw on reel... Wrmnel M,ft on-loary ends We no eopfirms for the to year W17. At the concluebn M the pubic Haring the Board of SupMsom may Mjam to mmol and fir Such tea estem m a mpmment
meMllq. The Wang well Be open to the publk SIM will W mdmob, to pemne wlm comoRlsa. The Boats M SM-m,m wiles .lbw the Wok an DMmmatly
to mimic To sign up to speak, m request sWmal -hlMa-
tbns, ,It the Clark to the Bard m SupMaors M m4 -7m-1200. Speakan may aim sign up In parson M 5:45 p.m. Whom the WMk hmring. Pontos madim mMpn ,,arts., Or WIN the Color on the Boats m titer
Ron Friday, March 24, 2017.
Tapibk Prop" Parmlrel
proprty fa Wotan
(eroadkg Proarty
Parsonal
Phonal
Whkms, Trak. and
Peroral
aMomoobs and Iaukmoeloss
Personh Properly
Proarty fp
Personal
Semflook. wfth
PmpeM for
V1ak,) rel Rol Pelmnaland imcco of
PmpeM Iceland
Vehicles using
Propmy for
. Grum Wight 0
Perm al SpeCHelty
Real
Estate for hook props". Public Service
Rescue Squad or bunk
Clean am
Mmmnery
1ONO the
proper" Em1ppM Mordr
Ban,
Seton Corporapans Sm note Ctaponllona
Voluntmn Anlmel,
SWIM Fuels
am Tools
or More
ARcnit VMime,
2016 General
0.86
096 360 1,611
0.96 0.01
3.24
1.00
0.96
050 0.01
Fundlevy
2017 Wnwd
0.96
0.96 3.60 360
0.96 0.01
3.24
100
0.96
0.50 0.01
Fund tory
Mote: v m,hm mmmop For PP1RA me he efi le for 55%ten MIM In 2017.
CHESTERFIELD COUNTY
PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE FISCAL YEAR ENDING JUNE 30, 2018
The Board of Sup asap of CNIambid County wB an Wednesday, March 29, 2017 at 6:1011 m. In the ChameNek County Public fissfinA Room at 10001 Iran III Rom, laid a pubik Waring to, Infor- W. ant fiscal
pIs,Mng Wmosm to mnsk,r the County Mminlelralors Propend Community Dealnpmeni Black Grmi am Home Imaetmmt Partnership tuns, $1,735,000
aId w81 W -881110 to prions Who dlamiMlsa. line Board of SupMsos Will allow the public an aprtuntly to,peek. To Sign up to mark, or ripest spcler
for the fiscal year 2018. The hearing will W open tome WMk
emanmMetlons, cell the Cte Ip the Board of SupeMmm at
804-748-1200. Speakers may elm sign up in pram M 5 45 p.m. Was. the who heaeng. P -m. -61M Interpreter service, most entity the Clerk1d the
BON no 10,11 of Friday, March 24, 2017.
CDBG Recommended Project list
edboy
"Me
Benalsy ErlenWd Day Care ...... ........ _.. _..........
...............40,100
Beller, Homing Coablm CardlWood Care ........ ......
35,000
Bixwares Ent". Center ....... ......... ......
.. 125,000
COeGHWMn9 Reheooatbn ..... ............ .......
...............250,000
COBG Program mminlahatbn....... ............ .........
........ 160,100
Chesimflek Default ant Foreclosure .......
...... 14.500
Comm obim In Schools -At RlskybMh Program ...... .....
...... 25,000
Je0alon Orals AsmckXon........... ............. ...
.......... 25,000
Pro-AmbleDOW Compliance......... ..... .......
....._ 151,300
FMmBWg TogetWt ........ .......... ...
.....45000
Richmond Morro Imiot for Humanity ... ...... .............
.....99,000
St. Joesfih's Ville ......... ............... ......
.......40.000
VSO Mho Om Prof .......
............ 150,000
ContrailBuilding FaaWImproament Ptogmm...... ..
......175,000
Mom.rdor.... .......
__.5,000
Subotal CUB9
I'M.=
HOME,1NDMv aymenlAmlsimce Pmgrsm ......... .......
45,000
"]act HOMES -L preheaWe Home Repair PmIto.. ......... ..
............250000
Samelde CHICO View Pltpra9 lMhap ...............
100Doo
Subtaol HOME
3aS,888
Tmu
1,73s,DDD
CHESTERFIELD COUNTY
PROPOSED CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2017-2021
The Ward of Sa,-Emra of Chesterfield County we on Wednesday, March 29, 2017 M 6:20 Om. In the ChesleMhd County Public Mowing Room at 10001 Ion Bridge Rad, hold a public heaMg for Informally, ant fiscal
planning puma s to mmker to County Admlni me&, Proposed Capel Improam.nt Progmm (CIP) for fiscal yeah 2018-2022 whkh (mals $906,093,100.
The hearing willW Open to the WMk arts will W mcemlMe to pons wlth dlsMlltlls,. The Board of Supmlsors w1H allow the took an WWunBy to
speak. To ala up to speak, or request sp-W-made9m,, call
the Cler %iW Bmm M Supr ,, M 804-748-1200. Saakem may Ww sign up In plmn at 5:45 p.m. Wipe the Wok hearing. Harmna WMinA Inimpreler se -1 must ho ltythe Ow totlle Bard not later than Friday,
Merck 24, 2017. Amp) Mile propos f3P o maibbb at w, w.che,temald.gaRudgM. The Inclusbn of a projw doe not ampture a mmmdmM M the out of the Dow M SupMma to approaate any Nils far mrd
majmt There b m albcaro, of funs for a1q purpose onto tare hes Wen an appopiatlon some by The Boom of Su om ore no CHP will est W adopted M this pubhc heesbg.
Copra' Improvement Pmgmm W'"em M"Mms
82019-2071 Prem
ps
AWW Fads. ... ..... ...
.........$255.200
cloth Pro0ers .. ....... .............
..........31,339,320
Deo ........... .... ......... ..
.........206,928.100
Rinser m)mt Balamee............ .....
........7,507,593
Geprel Fund. .. ........ ..................
....... .........96,762,650
State anF ......... .__........ _. ......_ __....
____58638650
Fund ........ _. ......
............34,068,900
,.mde"MFuma
School lGmeratlFo Fee ......... ....... ..
......36,306,387
SchoolsGeotel Fun _. ...... .........
.................56,201,800
SchoolNutrllbn ......... ............ ...... ........... .........
.......4m.DDD
Sclaol Teambgy Grant ....... ...... ..
.....9,000,000
no.. Operating
........368,800,500
Total E.9m.bd Nome.
$908,093,100
Eeemetad Pri Cab
FY2M8-2022 PrimWas
Abpart ...
.........$14.620.000
Llbrallea ..... ...... ........
.........16.100,000
Major MalMenana ... ..
........71.230,600
Pods ono WLMMa ...
13 168.000
Public Solely . .................. ............ ...
.........44.102.500
Rev0eke0on. ..
........13,525,000
Tmor`"Y.... .... .. .... ......
........5.758.000
TMDL......34,008,900
Itsits .... ... .. .....
........101.120.000
Schoab......... ........ .............. ............. .........
.........223.599.600
01111 es .....
368,800,500
Tool E.em.W Pmj,M Comb
"N.M,m0
CHESTERFIELD COUNTY
PROPOSED BUDGET FOR THE FISCAL YEAR ENDING JUNE
30, 2018
The Board of SupMors M Chestemmn County wgl on Wadnmday, March 29, 2017 M 6:30 0 or In the CWateNeld County Public Meeting Ram at 10001
Iron Bridge Road, Wk a Wok Waring ip mdpmMWe and fiscal
plannhg pummm to makMthe County A,fminlMratar'. Proposed 82018 Budget.
The hearing will W tan to the WMIC antl will W accemloe to persons with diso011 Re Board Of SuaMsois w01 at, the W ol, m opportunity to
Spook. To all, up to speak, at request sp al mmmmucadons, call
iWCWMMthe BoardotSupMmrs M804-748.1200.Spe,mayelmsignupinpmon.15:45pm. WipemepudicheaMg. Parona reading hhnhfilMse smust ratify the Clerk N the Boom to later than Friday,
March 24, 2017. A mpof the pmpWM b,dgM M milte M M www.chesteNeld.gmibudgM. The Inclu,bm of an W m In Ow pom,M WdgM dn, not rommhm
a rommMwM bythe Bram of S,mMsorsk appoaate fade
1pthat Hem. The ropm. Wdgh will est W adopted M this pudic Wang.
Cpmm d fluid Eetlmeted Rwena.
Real DOW Tama ...
..... $339,089,200
Pwoml PropeM .........
...6],897,900
DlWf property .................. ............ .. .............
.................25.335.400
I1IIMy& Other Lam Teres .....
........2 94.832,900
petition, Fees Mc ....... ...... .. ............ ..................
..... ...........27.762.200
CWmgm for SerM.. ..
61 714,900
MWplaneoa en Wcoamd Costa ........ ......... ...........
................37,538,900
State Funding..... ....... .......
............416,419,700
Federal Funding ........ .........
....9,427,400
other flanclag Strom ..... .............. .............. ........
................57.216.800
Os. of Menai it Propel
.........1,443,800
HeMhcare Cq thmuth , ..... .......
...31.195,400
RhAre from Other Funds- .................. ......... ..
............1366,381,100)
Beginning Fun Balance............
3,044,NO
Tafel EaemMed Reams $1,372,9,19,100
Con"Id.od Budget Esem.bd EapmdBum
Gemf&Goamm m ...... ................ ...
.....$67,960,900
AdminlMmtlon M Juhka .. .. ...... ......
........11,547,200
Public Safety. ....... .........
................177,74,700
Public Wates. ....... .....
45,770,400
mlm ant ...... ................. ... .................. .........
......... 68.079.800
pall mmun, Cu �...... ...
Pe Rity
......21,683,700
W`vebpmeuml
CommunityDeeM............. ......... .... ......
......20345000
Eoaeibn ...... .... .......
........631.391.100
hill Sellas ......... __._ ........ ......... ..........
.........175545500
Debt Senn _..__ .__.. _. __ __
13,9.,200
Mlscemnsoa ......... ........... ......... .................. ...
.........2.753.700
Reserves... ...... ...... .........
........1.050.700
Tmmfmto Otlwr Fund, ......... ......... ......
......43618,400
Hm0hcare ConirlWulbnf ......... .._Tool
Esem.tad Eapmadlora $1,372,919,100
-Flo, mmumdaam cambd fpward Hn all told, In an arrant est too-. $150 million, which will W re-apropMtad IMo the fiscal year
WgInnIN J.M 1.
Public Hearing #5 - 6:30 p.m.
To Consider the Proposed FY2018 Budget
THOSE WISHING TO SPEAK AT THE PUBLIC HEARING TO CONSIDER THE FY2018
BUDGET SHOULD PRINT THEIR NAME BELOW. SPEAKERS WILL BE CALLED
IN THAT ORDER.
FY2018 Budget
Number
Name
Organization
1
Greg Beasley
ChfId. Professional Firefighters Association
2
-Rachel Ramirez
Lifelong Learning Institue
3
Donna Blackwell
Lifelong Learning Institute
4
Timothy Pace
Lifelong Learning Institute
5
Fred Demey
Senior Center
j --
6
(Kerry Byrne
Resources for Independent Living
1353-6503 x12
7
Roslyn wines
Resources for Independent Living
8
9t�
---- - ---
Christa Donohue CCHASM
-- -
f r-
/ Lori
--. ----- ��C0.� ASM
-
21
I ivuaai
i rvn.vai 1 11 1 ivi I
-
.n luvi ici u a vci nci
12
-Joan -Fallon
Shepherd's Center - - -- -- - -- --- --
13
Jason Young
The Millhouse
14
Florence Rhue
-
Petersburg Symphony Orchestra
-
150"
- -
1819erel iey"
Senior Center
17
Arlene Price
Senior Center
18
Gloria Easterling
Senior Center
19
Donald Wilms
Chesterfield Education Association
20
Karen Bell
21
{Kathryn Haines
22
Sara Ward
3
Sara Gilliam
President, County Council PTA
Dorothy Walker
5
Jonathan Horne
26
27
Candace Graham
28
-
jr Ata -4'1 Chesterfield Food Bank
-
- -
----N4wA
29
l
-- -- 30
� � '�-S 1' V ` T` Itsv
31
M(�A1J
-
32
Cglest�
33-
34
--- aka µ
H'
-
36
Growth In
Active
Members
P,ac he �
Lifelong Learning Institute in Chesterfield �M j' r e, -Z
13801 Westfield Rd I P.O. Box 10901 Midlothian, VA 23113
804-378-2527 1 info@llichesterfield.org I www.Ilichesterfiield.org
State of the Institute Report
2017
Course and Trip Registration Information
F
For Most Recent Session
11�umber.af."lasses a
The diversity of learning opportunities covers an enormous field of interest. I love the classes and feel
enriched by the variety and caliber of the teachers. Add to that the opportunity to meet so many people
who share their opinions and experiences, and I feel I grow in understanding with every week.
Ann Danzi, LLI Member and Volunteer
I believe when you stop learning you stop living. I have found that living alone since the death of my
husband makes it very easy for me to sit and do nothing. All that does is create depression and poor
health. The interesting variety offered by LLI keeps my brain and my body moving. I am delighted that it
is available at a cost most seniors can afford. Thanks LLI!
Sandra Bullock, LLI Member
It is important as a senior to continue to challenge oneself both mentally, physically and academically.
Studies show that by continuing to exercise and learn new things, one can live a very productive and
rewarding life well into one's older years. I want to be one who does that and LLI offers me the
opportunity to do so at a reasonable cost.
Pat Brice, LLI Member
It feeds our minds, bodies, and souls and fosters a sense of well-being through the classes and
friendships that continue to develop us as valuable human beings.
Annette Alabaster, LLI Member and Volunteer
It keeps us old folks off of the streets and, therefore, reduces accidents. 0 Seriously, it is a unique place
where we gather and socialize with people our own age and stimulate our minds.
I personally believe it helps keep depression and dementia at bay.
Darnell Haase, LLI Member
It is very important for retirees to advance their knowledge, social life and mental health.
Lifelong learning can promote lifelong living.
Philip Ho, LLI Member and Volunteer
It is a "home" (away from home) for so many of us older folks where I always feel welcome and greeted
with smiles and "hellos". My home is empty now - except for the cat. How wonderful it is to have a
place to go to be with people where I am accepted, welcomed and can even learn new things without
feeling foolish or "dumb".
Edie Janis, LLI Member and Volunteer
It is an important source of educational, invigorating and enlightening programs good for mind and body.
The social aspect of interacting with others of a similar age group helps prevent isolation and promotes
the sharing of ideas.
Sharyn Lowry, LLI Member and Volunteer
2017 Budget �,rCJ Oe- M e-
y
According to the Chesterfield Observer (3/2017), and after having attended several
public meetings with three of you Supervisors, I see that the County is proposing a
$741 million budget, (Obs 3/17) approximately 3.7% more than last year, and the
School Board is proposing a $621 million budget, up about 3.8% over last year's
budget. (http://www.usinflationcalculator.com) The increase in inflation for all of
2016 was 2.1 %, and increasing the County's budget by 2.1 %, , instead of the
proposed 3.7% would reduce the proposed budget INCREASE by 1.6% or $11.8
Million, almost four times the amount needed to give the overburdened
Chesterfield taxpayers a 1 cent cut in the real estate tax rate. Reducing the school
system's proposed budget by 1.7% to match inflation, would producing a savings
of $10.6 Million, well over three times what it would cost to give taxpayers
ANOTHER 1 cent cut in the real estate tax rate.
Chesterfield taxpayer's suffer from excessive fat and waste in government, an
example would be the 20% cost overrun on the very first School refurbishment and
building project using the taxpayer funded bond money from 2013. According to
the Chesterfield Observer (5/2015), the school system had to go to the previous
board of Supervisors, hat in hand, and ask for $3.3 million of taxpayer money clean
up the messy cost over runs with the Monacan HS project. Several of the projects
that followed this debacle have also overrun their budgets substantially, and this
kind of school board mismanagement isn't limited to the building and refurbishment
programs. Now, the taxpaying citizens, some of who have been warning the school
board about the BIG deficits in the school system's SRP for several years, find out
that the School board has been underfunding the program for so many years that it
is $99 Million in the red, UNDERFUNDED by $99 Million?, we have been paying
the taxes, where did all our tax money go?
t.
Ladies and gentlemen, you are the taxing and spending authorities who have been
elected by the people to set tax rates, manage the revenue and spend the taxpayer's
money in our best interests, this kind of budget mismanagement is NOT in our best
interests, and it is just one of many examples of why Chesterfield budgets are
running substantially more than the inflation rate. Just by you five Supervisors and
the County and School finance depts. managing our budgets to rise at the rate of
inflation, and I say budgets, because you are the taxing authorities, you have control
and responsibility over how much County taxpayer money is provided to the school
system as well as the county itself, would still provide a substantial increases over
last year's school and County budgets, while at the same time making a much
needed 2 cent reduction in the property tax rate viable and funded. I would strongly
urge all of you Supervisors to seriously examine and question budgets running at
substantially more than the rate of inflation, because it will be very hard to justify to
the highest taxed county residents in central Virginia why you believe that YOU
have to overspend the ALREADY increasing county revenue so much that you
need to increase our taxes for the fourth year in a row.
BLUEPRINT CHESTERFIELD: Community Engagement Results
Headline Takeaways Prepared by Budget and Management August 2016
• Overwhelming response in a month's time, representative cross-section of the community was engaged
• Style of campaign well received by the community
• Community confirmed the county's general strategic direction, primary focus on education and
public safety
• Also, major emphasis on infrastructure (new and maintenance of existing) to support current population
and future growth, especially roads
• Planning for strong investment in commercial tax base development and managing the pace of
residential growth
• Low interest in scaling back service levels in core programs
• Consistent responses/community sentiment throughout survey questions
• Citizens do not generally recognize distinctions between local, state, and federal government
Q1. Top areas .focuson over next 5 years!1 Top areas to focus less on next 5 years
16,000+ responses (up to 3 responses per survey) 7,500+ responses (up to 3 responses per survey)
Education Residential/sprawl
Roads/Transportation Standarized testing in schools
Public Safety Oversaturation of strip malls and big box stores
Library Materials Mental Health - General
Park Facilities Sidewalks/Bike Lanes
Q4 asked respondents to share their thoughts specifically on the levels of service
and funding for education and public safety.
HP, 58% Invest/Focus More
=`r Education 36% Satisfied Public Safety
66% Satisfied
28% Invest/Focus More
ra �
6%Invest/Focus Less
6%Invest/Focus Less
. Classroom investment • Administration, more on
(teacher pay/training/ classroom investment
supplies) i • Waste/redistribute
• Smaller class sizes/ existing resources
overcrowding • Advanced subjects and
• General support for testing
V
education
• Parity/investment in
lower performing schools
• Existing foci lities/securityn j
This sheet summarizes the results of 6,200 survey responses and in person contacts. The full set of data can be viewed at blueprint.chesterfield.gov.
blueorint
cHESTEMELD
5k_sq►\
the center
of chesterfield
Chesterfield County Board of Supervisors
Thank you so very much for your generous support to our mission!
Since its inception in 2001, the Shepherd's Center has been enriching the lives of adults 50
and over by offering volunteer opportunities for community service and lifelong learning and
helping them remain healthy, active, safe and independent in their own homes for as long as
possible.
The Shepherd's Center's volunteers carry out this mission by providing:
1. Free, accompanied transportation for seniors to their medical appointments,
for prescription pickup, for food pantries and grocery shopping
2. A minor home repair service called "HandyHands"
3. And because there is more to life than just staying healthy and safe, our
seniors volunteer are instructors in our 24 -week lifelong learning program,
Adventures in Learning. This program allows other seniors to continue to engage
their minds and stay actively engaged in their communities.
This past year, Shepherd's Center volunteers and Chesterfield County financial support:
➢ Provided 669 free, accompanied door to door rides to critical medical
appointments and grocery shopping and enrolled over 593 senior adults
into our services.
➢ Made 41 minor home repairs to help those on fixed incomes and
living in their own homes
➢ Offered 89 educational classes resulting in 328 low-cost class
registrations
➢ Provided 1,400 lunches to those attending our Luncheon Forum
We have been blessed with over 300 volunteers, representing 41 congregations and
community organizations who donate their time, resources, and talents to enrich the lives of
our communities' seniors.
FREE TRANSPORTATION SERVICE* HAN DYHAN DS SERVICE* ADVENTURES IN LEARNING
PO Box Drawer 170, 6800 Lucy Corr Boulevard, Chesterfield, VA 23832 * (804) 706-6689 * (804) 706-9198
Email: shepcenter@gmail.com * www.shepcenter.org
Donald Wilms, President
Board of Supervisors (Budget Public Hearing)
March 29, 2017
Mrs. Jaeckle, Members of the Board of Supervisors, Dr. Casey:
CHESTERFIELD
CP& EDUCATION
ASSOCIATION
l Ori sl (�, of It. ` e
There are two items in your budget that are of dire concern to our teachers. The first is the 2%
raise. We can't get teachers as it is, and the Chesterfield Education Association doesn't think
that students spending months on end with long-term subs, because no one wants the jobs we
offer at the salary we pay, has any "up" side. Indeed, we find our current crisis unacceptable.
Henrico is proposing 2.5% raises to its employees, both schools and county government. It's
demoralizing that you don't think our employees arepof worth as much as Henrico thinks theirs
are worth. Additionally, having dozens of public jobs unfilled all over our county, including the
schools, doesn't send a message to us that you value the voice of your taxpayers, who,
overwhelmingly, rated education and public safety #1 and #3, respectively, in the Blueprint
Chesterfield. I'm certain that your low esteem of your employees bears a correlation to the high
turnover rate. If we are better than Henrico, we should be payed better than Henrico. If you
don't think we are better, then you should say so. Your actions speak louder than your words.
And your words don't pay our bills.
The second item is the school system's Supplemental Retirement Plan. You're very careful with
your words in regard to the SRP, but interpreting just what you think is difficult when you are
not clear. Mr. Winslow, you were the clearest when you stressed teachers in your remarks
reported by the RTD yesterday.' I want to tell you about Wayne Motley. He taught for us for 26
years before deciding to become the language arts instructional specialist. This made him a 12 -
month employee and gave him a 5% increase for the added responsibility and expertise his new
position required. Now with us for 36 years, he could lose out on what was promised to him if
you lower the salary cap to include just teachers.
I'd like to tell you about Christy Ellis, the principal at Manchester High—in the Matoaca
District, and Pam Lumsden, the principal at Thomas Dale High School—in the Bermuda District,
but I will tell you only about Belinda Merriman, the principal at Matoaca High School. I
remember when she came here, fresh out of college, to teach science at Manchester High School
in 1995. She was loyal to Chesterfield, working her way through the system to become first an
assistant principal at Monacan High School—in the Clover Hill District—and eventually to her
current position. These folks were all my colleagues. Indeed, they still are. Do they not deserve
the rewarded for their loyalty?
Our schools superintendent put together a committee to find a way to make the SRP sustainable
over the long run. It doesn't matter to us how it lost its sustainability. You all can certainly
figure that out if you want to. But we didn't have anything to do with whatever funding mistakes
were made. If you hurt my brother Wayne and my sisters Belinda, Pam, and Christy, you hurt all
of us. Accept the changes recommended by the SRP committee, the Superintendent, and the
School Board.
1 Remmers, Vanessa. "Session in Chesterfield Focuses on Taxes,Schools." Richmond Times -Dispatch: B1.
CHESTERFIELD FOOD BANK
2017 CAPITAL CAMPAIGN - BUILDING IMPROVEMENTS
[Improvement JPriority Cost
Roof Replacement/Repair (canned good room) $ 7,000.00
Middle Building Roof Replacement/Repair 10,000.00
Client Bathrooms (2)
40,000.00
Plumbing
18,000.00
Electrical Update
10,000.00
Utility Sink
2,000.00
Air Conditioning
15,000.00
Interior Sprinkler (fire safety)
40,000.00
Exterior Lighting for Back Parking
20,000.00
Extend Parking Lot & Repair Existing Lot
50,000.00
Extend Concrete Pad for Refigeration Units
8,000.00
Connect to County Water
38,000.00
Office Ceiling tiles
5,000.00
TOTAL COST OF IMPROVEMENTS/REPAIRS
$ 263,000.00
We have the unique opportunity in 2017 to apply for matching grants. With the
support of Chesterfield County, your investment can double. An investment of
5°e, $scan turn into $23(7,000, but that's not all. With additional support
from corporate, church and individual donations we believe we can reach our
goal of $263,000. This project is important to the many families in Chesterfield
who are depending on the Chesterfield County Food Bank for food.
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 1 of 1
AGENDA
Meeting Date: March 29, 2017 Item Number: 18.
Subiect:
Adjournment and Notice of Next Scheduled Meeting of the Board of
Supervisors
County Administrator's Comments:
County Administrator:
Board Action Requested:
Summary of Information:
Motion of adjournment and notice of the Board of Supervisors meeting to be
held on April 26, 2017, at 3:00 p.m. in Room 502 at the County
Administration Building.
Preparer: Janice Blakley
Attachments: 1:1 Yes
Title: Clerk to the Board
No #
OIJ0183