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2017-04-26 PacketCHESTERFIELD COUNTY BOARD OF SUPERVISORS rmel a z I Page 1 of 1 Meeting Date: April 26, 2017 Item Number: 3.13. Subiect: Work Session to Discuss the Refinancing of Chippenham Place Community Development Authority (Cloverleaf) County Administrator's Cc County Administrator: Board Action Requested: Hold a work session to discuss the refinancing of the Chippenham Place Community Development Authority. Summary of Information: The redevelopment of the former Cloverleaf Mall site into the mixed-use development, now known as Stonebridge, has been facilitated by the creation of the Chippenham Place Community Development Authority (CDA). The CDA is a financing mechanism that was used to fund the demolition of the former mall buildings and construct core infrastructure on the site, with the cost of those improvements paid back over time through revenues (sales and property taxes) generated from the subsequent development. over time as the development has matured, the CDA financing has been revised to reflect the increasing strength of the project. Currently, Stonebridge has reached a point where the levels of economic activity on the site are such that they can fully support a final iteration of the financing and do so under very favorable terms. This work session is intended to discuss the parameters of the proposed final financing for the project and preview the related actions that are requested as part of the evening agenda. Preparer: Matt Harris Title: Budget & Management Director Attachments: Yes No 04 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 1 Meeting Date: April 26, 2017 Item Number: 3.C. Subiect: Work Session - Galloway Place County Administrator: Work session to review information regarding operations of Galloway Place, Intermediate Care Facility for individuals with Intellectual Disabilities. Summary of Information: Staff will present information relative to ending the contract with ResCare, which had been operating Galloway Place since opening in August 2014, and staffing for the facility going forward. Preparer: Debbie Burcham Title: Director of Mental Health Support Services Attachments: Yes No # nn 02 Background 12- Bed Intermediate Care Facility Serves individuals with intellectual disabilities with high medical needs o, Opened in August 2014 �/, Certified by the Virginia Department of Health in February 2015 f� Operated by Community Alternatives Virginia, Inc. (subsidiary of ResCare) ro, Signed contract January 2014 ResCare notified the CSB and Purchasing Department of intent to end the contract on 7/1/17 �11`111 t , 5 1 e - J, o Continued Operations of Galloway Place o Purchasing Department issued new RFP February 22, 2017 lo 176 notices of the RFP sent to firms within the industry and advertised in the RTD o, Pre -proposal conference held March 3, 2017 with 1 firm attending RFP closed March 30, 2017 with no proposals received Po Chesterfield Community Services Board to operate Galloway Place o, Begin operations 7/1/17 �� No impact to budget of the CSB Special Revenue Fund > Creation of 38 FTEs ii,, Amendment to the Chesterfield County 2018 Budget 4/18/2017 oloaao 31 1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS 4GEk��.�� Page 1 of 1 Meeting Date: April 26, 2017 Item Number: 3.D. Subiect: Work Session - Police Department Update County Administrator's Comments: County Administrator:_ Board Action Requested: Hold a work session to update the Board on crime reports, body -worn cameras and the Commission on Accreditation for Law Enforcement Accreditation (CALEA). Summary of Information: Provide an update to the Board of Supervisors on crime reports, body -worn cameras and the Commission on Accreditation for Law Enforcement Accreditation (CALEA). Preparer: Colonel Thierry G. Dupuis Attachments: F-1 Yes 0 No Title: Chief of Police 210,000 200,000 190,000 180,000 170,000 160,000 150,000 140,000 220 200 gOLIfF Police Department Calls for Service and Assists 2012-2016 201,68E 2012 2013 2014 2015 2016 ■ Calls for Service and Assists QOLICF �f Police Department All Robberies: Reported Incidents 2012 - 2016 178 180 160 - 142 144 139,. 140 — 120 2012 2013 2014 2015 2016 Robberies QOLICF `^ ' Police Department _ �.� Street Robberies: Reported Incidents 2012 - 2016 160 147 138 140 120 - 110 102 100 --94-- 80 60 2012 2013 2014 2015 2016 Street Robberies Q O clz_ Police Department ��„i� Residential and Non -Residential Burglaries 2012-2016 1,600 1,400 1,200 1,000 800 600 400 200 0 2012 2013 2014 2015 2016 ■ Burglaries - Residential Burglaries - Non -Residential gOLICF Police Department _ Motor Vehicle Thefts 2012-2016 aoo 350 --- 300 250 200 150 100 50 0 333 2012 2013 2014 2015 2016 Motor Vehicle Thefts 'r Police Department Larceny From Automobiles Low Year 2012 2013 2014 2015 2016 • Unlocked 631 551 599 907 986 • Locked 264 210 208 304 339 Unknown 72 74 83 83 82 • Unlockable (ATV, Motorcycle, etc.) 43 32 34 29 27 Total 1010 867 924 1323 1434 QOLIC4c �t Police Department .,�. I - ��, Larceny From Autos: Condition of Entry Point Locked, Unlocked, or Unknown 2012-2016 1,200 1,000 800 631 600 ' 400 200 0 140 120 100 80 60 40 20 0 2012 2013 2014 2015 2016 ■ Unlocked • Locked ■ Unknown Police Department Weapons Stolen in Larceny From Auto Incidents 2012-2016 --------136 ----- 2012 2013 2014 2015 2016 ■ Handguns Rifles 0 Shotguns 18000 17000 16000 15000 13000 13000 12000 QOLIC"c Police Department 7, Reported Reported Group A Incidents: 2012 - 2016 17011 16461 16378 16225 16132 2012 2013 2014 2015 2016 Reported Incidents QOLICF rt Police Department _ Group A Reported Incidents Compared to Group A Incidents with Unlocked Cars Removed from the Total 2012-2016 17,500 17,000 16 16,500 380 16,225 16,132 00 674 . 16,0 15,500 15,000 14,500 2012 16,378 15.392 2013 2014 2015 2016 Reported Incidents Minus Unlocked 4/25/2017 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: April 26, 2017 Item Number: 3.E. Subiect: Work Session - Demographics and Development County Administrator's Comments: County Administrator: Work session to review information relative to demographics and development in the county. Summary of Information: Present latest information regarding major demographic trends and projections along with growth and development information of the county. Preparer: Kirkland A. Turner Attachments: 0 Yes 1:1 No Title: Director of Planning RaPHo OPME ��Ropulat'l'o��i'ri�,-ends & Projections 450,000 400,000 350,000 300,000 250,000 200,000 150,000 100,000 50,000 0 1970 1975 1980 1985 1990 1995 2000 2005 2010 2015 2020 2025 2030 Source: US Census Data, County Projections Age omuuum 2015 2030 Growth of 55 and Older Population +51% +42,000 people 0 20,000 40,000 60,000 80,000 100,000 120,000 140,000 Source: US Census Data, County Projections Growing Diveirsily Race and Ethnicity Trends �/% *Hispanic or Latino is an ethnicity and Hispanic or Latino** +234% individuals can be of any race. Other +70% 2015 Two or more races +152% 2000 Asian +83% Black/African American ,,,,, +61% White �a �� +13% 0 50,000 100,000 150,000 200,000 250,000 Source: 2015 American Community Survey 5 year estimates, U.S. Census Bureau. -%� O 0 Changfir��ig lhouseholds 0 0 1 �� 00 6ii Do Household and Family Trends 40,000 +30% 2000 ai 2015 35,000 30,000 -7% +60% 25,000 MEN 20,000 PER" Mr/1, 15,000 om 10,000 +23% +67% +21% 15,000 0 Married Couple Married Couple, Single with Kids Single, No Kids Living Alone Other Nonfamily Family Households Non -Family Households Source: 2015 American Community Survey 5 year estimates, U.S. Census Bureau. Incorne and ��Poverty Median Household Income Trends (Adjusted For Inflation) $90,000 -13% 2000 —2015 $80,000 $70,00011 1% -2% 1001/1, $60,000 10J, I 1 0 -10%1111 $50,000 lj 11/0 _7% $40,000 $30,000 iii $20,000 $10,000 Chesterfield Henrico Richmond Virginia United States 2015 Poverty Rate74% 10m7% 25.5% 11-5% 15�5% Source: 2015 American Community Survey 5 year estimates, U.S. Census BuI70 .0%008 Residen!"lal Developrneint Trends Chesterfield County Total Residential Building Permits 1975-2016 Housing Built 2010-2015 Midlrrthian� r` Legend Single -Family ISO Single -Family Sub Townhouse 'haver H rl I IMMultifamily Dale", Berm 10 Nla � t0a 0 Carnprehensive Mari U1,Aale - Chapters 1, 2, 3, 4, 5, 6, 7, 8, 10, 11 - Pending. 9, 12, 13, 14, 15, 16 - Chapters 1, 2, 3, 4, 8 • Joint Board/Com mission Meeting -Early Summer 2017 • Fall Community Workshops • CPC Public Hearing Winter 2017 • BOS Public Hearing Late Winter 2015 fo 0 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meeting Date: April 26, 2017 Item Number: 4.A. Subject: Report of Planning Commission Substantial Accord Determination for Chesterfield County Public Libraries (Case 17PD0207) to Permit Library Use in a Community Business (C-3) District County Administrator's Comments: County Administrat Board Action Requested: On March 21, 2017, the Planning Commission determined that the proposed facility expansion of the Clover Hill Library onto this property is in substantial accord with the Comprehensive Plan, as per attached (Case 17PD00207). (AYES: Sloan, Jackson, Freye, Jones, Wallin). Staff recommends no action. Summary of Information: State law provides that the Board may overrule the Planning Commission's determination or refer the matter back to the Planning Commission for an additional public hearing and decision. If the Board takes no action, the substantial accord determination will become final. Preparer: Kirkland A. Turner Attachments: 0 Yes � No Title: Director of Plannin CASE NUMBER: 17PDO207 APPLICANT: CHESTERFIELD COUNTY PUBLIC LIBRARIES CHESTERFIELD COUNTY, RECOMMENDATION VIRGINIA APPROVAL MATOACA DISTRICT APPROVAL STAFF'S ANALYSIS o Complies with Public Facilities Plan (Plan), an element of the Comprehensive AND RECOMMENDATION Request 'erty Board of Supervisors Meeting: APRIL 26, 2017 Plan Applicant's Agent: :P JENNY STEVENS (804-751-4998) Planning Department Case Manager: STEVEN HAASCH (804-796-7192) 1.0 Acre —13625 Hull Street Road -4. A Ktj *3 Substantial accord determination to permit a public library use in a Community Business (C-3) District. I Note: Conditions maybe imposed. J SUMMARY Library uses are planned. Specifically, the acquisition of this property would facilitate the expansion of the existing Clover Hill Library as recommended in the Public Facilities Plan. RECOMMENDATION COMMISSION APPROVAL APPROVAL o Complies with Public Facilities Plan (Plan), an element of the Comprehensive STAFF ------- ----- Plan Providing a FIRST CHOICE community through excellence in public service EM EM 2 17PD0207-3017APR|L36-D0SRPT-C Map 2: Comprehensive Plan Classification: NEIGHBORHOOD BUSINESS The designation suggests the r)ror)ertv is ar)r)ror)riate for neighborhood -scale commercial uses. liz N Subject Property 300 150 0 �300 Feet W+E 1:1 S 3: Surrounding Land Uses & Development Harbour Pointe Shopping Center Deer Run Drive Clover Hill Library Offices/Services Rt 360 Deer Run Subdivision Subject Property 3 17PD0207-2017APRIL26-BOS-RPT-C ,)00,015 Public Facilities Plan The an element of the Comprehensive Plan, recommends that libraries be located on at least six (6) buildable acres and accommodate a facility of at least 20,000 square feet. The Plan recommends that Clover Hill Library, built in 1994, be expanded on site or replaced in the 2018-2022 timeframe due to increased demand for library services in this growing area ofthe county. The Plan also states that libraries should 6elocated with convenient access to major arterial road, inthis case Hull Street Road, and 6econnected toarea pedestrian networks. The current site consists of4.7acres with a l5,l0Osquare foot building. This request would add one (1) acre to the facility, bringing it in closer alignment with the Plan. Case Number BOS Action Request 12SNO137 Approved Rezoning from Agricultural (A) to Community Business (1/25/2012) (C-3) . Commercial uses were planned. The previous zoning case on the property contained a condition that precluded direct vehicular access to Route 360 unless approval was granted from the Virginia Department of Transportation. If such approval was granted, the condition further states that an east -bound right turn lane be constructed into the property atthe approved access. The request property lies within the Route 360 West Development Standards area. Development of the site is expected to conform to these standards. ° 17PD0207-2017APR|L268OSRPT-C FIRE AND EMERGENCY MEDICAL SERVICES Staff Contact: Anthony Batten (804-717-6167) BattenA@chesterfield,gov When the property is developed, the number of hydrants, quantity of water needed for fire protection, and access requirements will be evaluated during the plans review process. COUNTY TRANSPORTATION Staff Contact: Jim Banks (804-748-1037) banksj@chesterfield.gov The Comprehensive Plan which includes the Thoroughfare Plan, identifies county -wide transportation needs that are expected to mitigate traffic impacts of future growth. The anticipated traffic impact ofthe proposal has been evaluated and it is anticipated to be minimal. UTILITIES Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov The proposed request will not adversely impact the public water and wastewater systems. ENVIRONMENTAL ENGINEERING Staff Contact: Rebeccah Ward (804-748-1028) wardr@chesterfield.gov Geograph The majority of the property drains southwest into the existing Clover Hill Library property. The Clover Hill Library site drains through an existing on-site basin and into a paved roadside ditch along Deer Run Drive. The paved ditch drains to an existing culvert, then through a natural channel to Spring Run. The entire property is located within the Lower Swift Creek Watershed. Stormwater Management The development of the subject property is subject to the Part 1113 technical criteria of the Virginia Stormwater Management Program Regulations for water quality and water quantity. VDOT supports the proposed use of the subject property. S 17PDO207-2017APR|L26-BOS-RPTfC � « � � ww�� 17PD02072017APK|L26-0OSRPT-C ME Applicant Submittals 2/3/2017 Application submitted Community Meeting 3/9/2017 Citizen Comments No citizens attended this meeting. Planning Commission Meeting 3/27/2017 Citizen Comments No citizens spoke to this case. Determination: APPROVAL Motion: Wallin Second: Freye AYES: Sloan, Jackson, Freye, Jones, Wallin The Board of Supervisors on Wednesday, April 26, 2017, beginning at 3:00 p.m., will consider this request. 17PD02072017APK|L26-0OSRPT-C CHESTERFIELD COUNTY BOARD OF SUPERVISORS 4GEND4 Page 1 of 1 Meeting Date: April 26, 2017 Item Number: 4.13. Subject: Report of Planning Commission Substantial Accord Determination for Chesterfield County Parks and Recreation (Case 17PD0218) to Permit a Neighborhood Park in a Regional Business (C-4) District Located in the Midlothian District County Administrator's Comments: County Administrator: Board Action R=t J J On April 18, 2017, the Planning Commission determined that the proposed neighborhood park is in substantial accord with the Comprehensive Plan, as per attached (Case 17PD0218). Staff recommends no action. Summary of Information: State law provides that the Board may overrule the Planning Commission's determination or refer the matter back to the Planning Commission for an additional public hearing and decision. If the Board takes no action, the substantial accord determination will become final. Development of a new neighborhood park is planned. Specifically, a 50,000 square -foot indoor recreation facility jointly operated by Richmond Volleyball Club and the county would be constructed and include 5,000 square feet of community programming space as well as outdoor park space. The Public Facilities Plan calls for neighborhood parks to supplement park shortfalls in developed areas, Preparer: Kirkland A. Turner such as this area. Attachments: 0 Yes 1-1 No Title: Director of Planning CASE NUMBER: 17PDO218 R&Wfls Applicant's Agent: STUART CONNOCK (804-751-4484) Planning Department Case Manager: STEVEN HAASCH (804-796-7192) O.V"�P,t4 I Cr--1P-:r;11 i �- 12.5 Acres — 200 Karl Linn Drive V Substantial accord determination to permit a neighborhood park use in a Regional Business (C-4) District. I Note: Conditions maybe imposed. ADDENDUM CHESTERFIELD COUNTY, as Revitalization Office comments and updated Case History. VIRGINIA PLANNING MIDLOTHIAN DISTRICT COMMISSION APPROVAL (4/18/17) ADDENDUM Board of Supervisors Meeting: APRIL 26, 2017 Applicant's Agent: STUART CONNOCK (804-751-4484) Planning Department Case Manager: STEVEN HAASCH (804-796-7192) O.V"�P,t4 I Cr--1P-:r;11 i �- 12.5 Acres — 200 Karl Linn Drive V Substantial accord determination to permit a neighborhood park use in a Regional Business (C-4) District. I Note: Conditions maybe imposed. ADDENDUM The purpose of this addendum is to provide action by the Planning Commission on 4/18/17 as well as Revitalization Office comments and updated Case History. RECOMMENDATION PLANNING COMMISSION APPROVAL (4/18/17) APPROVAL • Complies with Public Facilities Plan (Plan), an element of the Comprehensivel STAFF Plan Providing a FIRST CHOICE community through excellence in public service The project site is |ocated in 3 proposed revitalization area, as shown on the map presented to the 8nan] of Supervisors on December 14, 2016 for the purposes of implementing Road [ash Proffer Policy B.5 (locational and other criteria for revitalization or pneservation\.Although the Board did not adopt that map, it directed staff to use the map for the purposes of evaluating zoningcases untilthere is formal policyguidance. The Revitalization Office supports development in revitalization areas that represents a substantial improvement above current area conditions. This proposal represents a substantial improvement in terms of providing an activity center and public focus inadeveloping mixed use project (Stonebridge)andarecreatinna|faci|ityinanarea where such resources are currently very limited. This new use should be beneficial to surrounding retail and service uses, encouraging further revitalization of the area. The Revitalization Office supports the proposal. Applicant Submittals 3/9/2017 Application submitted Community Meeting 4/12/2017 Issues Discussed: • Number of parking spaces to be provided • Use of indoor space for various functions • Timeline of construction and funding Planning Commission Meeting 7 Citizen Comments | NOcitizens spoke tothis case Commission Discussion Commissioners discussed the impacts ofthis request on revitalization in the area Recommendation — APPROVAL Motion: Jones Second: Jackson AYES: Sloan, Jackson, Freye,Jones, Wallin The Board mfSupervisors onWednesday, April 26.2O17\beginning at3:00p'mn,will � consider this request. . I CASE NUMBER: 17PDO218 APPLICANT: CHESTERFIELD COUNTY PARKS & RECREATION CHESTERFIELD COUNTY, and include 5,000 square feet of community programming space as well as outdoor park space. The VIRGINIA MIDLOTHIAN DISTRICT oil - RECOMMENDATION COMMISSION STAFF WILL ADVISE THE BOARD OF THE COMMISSION'S ACTION 74 STAFF'S ANALYSIS AND RECOMMENDATION STAFF Board of Supervisors Meeting: APRIL 26, 2017 Applicant's Agent: STUART CONNOCK (804-751-4484) Planning Department Case Manager: STEVEN HAASCH (804-796-7192) 12.5 Acres — 200 Karl Linn Drive Substantial accord determination to permit a neighborhood park use in a Regional Business ([-4) I Note: Conditions may be imposed. I SUMMARY Development of a new neighborhood park is planned. Specifically, a 50,000 square -foot indoor recreation facility jointly operated by Richmond Volleyball Club and the County would be constructed and include 5,000 square feet of community programming space as well as outdoor park space. The Public Facilities Plan calls for neighborhood parks to supplement park shortfalls in developed areas, such as this area. RECOMMENDATION COMMISSION STAFF WILL ADVISE THE BOARD OF THE COMMISSION'S ACTION APPROVAL 0 Complies with Public Facilities Plan (plan), an element of the Comprehensive STAFF Plan Providing aFIRST CHOICE community through excellence inpublic semice�1�� Mro E ro E _j Ll 2 17 PD0218-2017AP R26-BOS- R PT -Q C, 9023 0 (D CL > . CL FK C) 41 fJ z z LC6) O CL13 o c\j r,- Cj CL (D 2 M U) � X (D cu <10 C) co 2 17 PD0218-2017AP R26-BOS- R PT -Q C, 9023 3 17PD0218-2017AP R2 6- BOS- R PT -C Public Facilities Plan The an element of the Comprehensive Plan recommends that neighborhood parks be located on between 5 and 20 acres. The Plan recommends that neighborhood parks include items such aspicnic shelters, playgrounds, bicycle/fitness/walking trails, open fields, parking and restrooms. This park type also allows community centers, including indoor recreation spaces. This request would provide indoor recreation space, community activity space and outdoor green space. While the |Plan Ldoes not specifically call for a park in this area, the Plan does state that neighborhood parks should supplement areas where there isinsufficient park space currently. In addition, the Plan encourages green spaces aspart of new developments, especially in revitalization areas and mixed use areas. This request meets the guidance and intent of the Plan. Zoning Histor Case Number BOS Action Request Rezoningto Regional Business (C-4) with Conditional 07SNO333 Approved Use and Conditional Use Planned Development to (4/23/2008) permit 520 residential units and 400,000 square feet of I I commercial and office uses. n�� FIRE AND EMERGENCY MEDICAL SERVICES Staff'Contact: Anthony Batten (804-717-6167) BattenA@chesterfield.gov When the property is developed, the number of hydrants, quantity of water needed for fire protection, and access requirements will be evaluated during the plans review process. COUNTY TRANSPORTATION Staff Contact: Jim Banks (804-748-1037) banksj@chesterfield,gov The Comprehensive Plan which includes the Thoroughfare Plan, identifies county -wide transportation needs that are expected to mitigate traffic impacts of future growth. The anticipated traffic impact ofthe proposal has been evaluated and itiaanticipated to be minimal. UTILITIES Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov The proposed request will not adversely impact the public water and wastewater systems. ENVIRONMENTAL ENGINEERING Staff 'Contact: Rebeccah Ward (804-748-1028) wardr@chesterfield.gov Geography The property drains into the existing on -she retention basin installed with the development of Stonebridge Phases 1and 2. The basin discharges into onunnamed tributary toPocoshnckCreek, a tributary toFalling Creek. The entire property islocated within the Falling Creek Watershed. Stormwater Management The development of the property is covered by the existing on-site stornnwater management BMP. VDOT has no concerns since access is provided from an existing privately maintained road, VDOTalso supports the proposed use ofthe subject property. �a ��~��u��7� Applicant Submittals 3/9/2017 Application submitted Community Meeting 4/12/2017 A community meeting is scheduled. Planning Commission Meeting 4/18/2017 TSTAFF WILL ADIVSE THE BOARD OF THE COMMISSION'S ACTION The Board of Supervisors on Wednesday, April 26, 2017, beginning at 3:00 p.m., will consider this request. 17PD0218-2017APR26-BOS-RPT-C9 .09,027 1. Karen Zimmer 2. Jenefer Hughes 0 4. Brenda Stewart 5. Rodney Martin April 26, 2017 Speakers List Afternoon Session D U I CG CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: April 27, 2016 Item Number: 11.A. Subiect: Resolution Recognizing May as "Older Americans Month" in Chesterfield County County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution. Summary of Information: Older Americans month is observed in Chesterfield County, the Commonwealth of Virginia and the nation in May to show our appreciation for the older adults in our community. The older Americans Month theme for this year - Age Out Loud, focuses on how older adults in our community are redefining aging, and use this opportunity to learn how we can best support and learn from our community's older members. In celebration of Older Americans Month, the Board is asked to recognize the students from local elementary schools who are the winners of the Older American's Month Student Essay Contest, as well as the winner in our adult essay contest, sponsored by the Office of the Senior Advocate. Preparer: Debbie Leidheiser Title: Chesterfield County Senior Advocate Attachments: Yes F-1 No IN CHESTERFIELD COUNTY WHEREAS, Chesterfield County includes a thriving community of older Americans who richly contribute to our community; and WHEREAS, Chesterfield County and the Office of the Senior Advocate acknowledge that what it means "to age" has changed - for the better; and WHEREAS, Chesterfield County is committed to supporting older adults as they take charge of their health, explore new opportunities and activities, and focus on independence; and WHEREAS, Chesterfield County can provide opportunities to enrich the lives of individuals of all ages by involving older adults in the redefinition of aging in our community; promoting home- and community-based services that support independent living; encouraging older adults to speak up for themselves and others; and providing opportunities for older adults to share their experiences; and WHEREAS, many organizations and Chesterfield County departments provide services and programs to help older residents in Chesterfield County lead active, fulfilling and independent lives and to remain in their homes; and WHEREAS, Chesterfield TRIAD declares the first Wednesday in May, as Senior Day in Chesterfield County; and WHEREAS, the Senior Advocate's office sponsored an essay contest for fourth and fifth grade Chesterfield County students to acknowledge positive older adult role models, celebrate intergenerational relationships and demonstrate good writing skills, and Sandhya Gentius-Harris of J. B. Watkins Elementary School is being recognized as the grand prize winner of the contest in which she acknowledged her grandfather; and WHEREAS, the following students are being recognized as the school winners in the contest: Marjorie Rawlings, Bettie Weaver Elementary; R'Mia Crutchfield, C. C. Wells Elementary; Maddie Cross, Crestwood Elementary; Kychaun Goode, Ettrick Elementary; Ethan Minter, Harrowgate Elementary; Kendall Rodriguez, Matoaca Elementary; Virginia Collins, Swift Creek Elementary; Natalie Sanner, J. B. Watkins Elementary; and Alyssa Williams, Winterpock Elementary; and WHEREAS, Lois Boone is being recognized as the winner in the adult essay contest to recognize and celebrate what getting older looks like today. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes May as "Older Americans Month" in Chesterfield County and urges every resident to take time during this month to acknowledge older adults and the people who serve them as influential and vital parts of our community. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: April 26, 2017 Item Number: 11.13. Subject: Resolution Recognizing Ms. Dawn Missory, Department of Mental Health Support Services, Upon Her Retirement County Administrator's Comments: County Administrator: Board Action Requests Adoption or tne attacnea resoiution. Summary of Information: Ms. Missory is retiring from the Department of Mental Health Support Services on May 1, 2017, after providing 30 years of service to the citizens of Chesterfield County. Preparers Debbie Burcham Title: Executive Director of Chesterfield CSB/MHSS Attachments: Yes ❑ No 90 0'0 3 0 RECOGNIZING MS. DAWN MISSORY UPON HER RETIREMENT WHEREAS, Ms. Dawn Missory was hired by Chesterfield Mental Health Support Services on May 4, 1987, and will retire May 1, 2017, after providing 30 years of outstanding service to the residents of Chesterfield County; and WHEREAS, Ms. Missory served in many capacities at Chesterfield Employment Services (CES) including Data Entry Operator, Administrative Assistant, Administrative Supervisor, Administrative Manager and Transit Manager; and WHEREAS, Ms. Missory provided oversight and supervision to CES's transportation service which included the expansion of its fleet from six vans to 30 vehicles, expanded hours of operation to over 20 hours a day, and she helped manage a $1.3 million annual budget; and WHEREAS, Ms. Missory was awarded a grant in 1996 from the Department of Rehabilitative Services to computerize transportation scheduling, was responsible for annual completion of 5310 Grant Applications which resulted in awards of over 30 vehicles, and submitted a Technology Improvement Program (TIP) project in 2013 that resulted in the implementation of GPS in fleet vehicles; and WHEREAS, Ms. Missory worked with the Department of Medical Assistance Services (DMAS) to become an authorized Medicaid Transportation Provider bringing new revenue to offset transportation expenses; and WHEREAS, Ms. Missory developed and provided insight and supervision to the Access Chesterfield Program including working with the Deputy County Administrator of Human Services to create a voucher program for elderly, people with disabilities and low-income residents of Chesterfield, as well as participating in the Request for Proposal (RFP) process to select vendors for this service; and WHEREAS, Ms. Missory led a team on the Re -Route Project in 2009, eliminating $35,000 in overtime pay resulting in the receipt of a NACo award; and WHEREAS, Ms. Missory completed three County Certification Courses: the Supervisory Institute in 1992, the School of Quality and Continuous Improvement in 2006, and the School of Leadership and Personal Effectiveness in 2009; and WHEREAS, Ms. Missory also completed many external certifications including Community Transit Manager, Training and Safety Reviewer, Passenger Assistance Safety and Sensitivity (PASS) Trainer, and CPR/First Aid Trainer, and she also completed Levels 100 through 400 of the Pennsylvania Transportation Resource and Information Network's Professional Supervisor Program; and X00'-031 WHEREAS, Ms. Missory had extensive involvement with Community Transportation Association of Virginia (CTAV) including serving on the Board since 2001 and as Vice President from 2008-2012 and President from 2012-2016, was twice awarded the CTAV President's Award, participated in over 20 Paratransit ROADEO competitions and attended 17 EXPOS which provided training to paratransit providers across the state; and WHEREAS, Ms. Missory worked with Chesterfield County Human Services, the Richmond Chapter of the American Red Cross, Lucy Corr Nursing Home, Chesterfield County Health Department and Social Services to form the Human Service Transit Services; and WHEREAS, Ms. Missory collaborated with many organizations including the Governor's Specialized Transportation Council, Hanover Community Services Board, Chesterfield County Fleet Steering Committee and other departments within Chesterfield Mental Health Support Services. NOW THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 26th day of April 2017, publicly recognizes the outstanding contributions of Ms. Dawn Missory and extends appreciation, on behalf of its members and the citizens of Chesterfield County, for 30 years of dedicated service to the county, congratulations upon her retirement, and best wishes for a long, happy and healthy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Ms. Missory and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. UO'32 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: April 26, 2017 Item Number: 11.C. Subject: Resolution Recognizing Mr. Bryan H. Walker for His Service on the Chesterfield Preservation Committee County Administrator's Comments: County Administrator: Board Action Request Adoption of tne attacnea resolution. Summary of Information: Mr. Bryan H. Walker represented a local historical society for ten 3 -year terms of his appointment on the Chesterfield Preservation Committee. Preparer: Kirkland A. Turner Attachments: 0 Yes 1-1 No Title: Director of Planning 0`0 3 3 RECOGNIZING MR. BRYAN H. WALKER FOR HIS SERVICE ON THE CHESTERFIELD PRESERVATION COMMITTEE WHEREAS, Mr. Bryan H. Walker served as a dedicated and faithful member of the Chesterfield County Preservation Committee since his appointment by the Board of Supervisors on March 11, 1987; and WHEREAS, Mr. Walker served ten consecutive terms as the local historic society representative; and WHEREAS, Mr. Walker served with distinction as member of the original organizing committee and for 30 additional years as a member of the Preservation Committee; and WHEREAS, Mr. Walker was a diligent and contributing member of the Preservation Committee and recommended the local designation of 48 historic sites and structures in Chesterfield County; and WHEREAS, Mr. Walker advocated for the preservation and donation of the site of the Falling Creek Ironworks, the first iron furnace in America built in 1619, and served for many years as the first president of the Falling Creek Ironworks Foundation; and WHEREAS, Mr. Walker is a lifelong resident of Chesterfield County and has been actively involved in contributing and improving the community by serving on many other community organizations, including the Chesterfield Historical Society, the Parks and Recreation Advisory Committee, the Jefferson Davis Association, the Friends of Chesterfield's Riverfront, as well as a volunteer at the Bensley Fire Station; and NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 26th day of April 2017, publicly recognizes Mr. Bryan H. Walker and expresses sincere appreciation for his many years of commitment and significant contributions in the promotion and preservation of the historic fabric of Chesterfield County. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Bryan H. Walker and that it be permanently recorded among the papers of the Board of Supervisors of Chesterfield County, Virginia. (A eiou 3 J CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: April 26, 2017 Item Number: 11.13. Subject: Resolution Recognizing the 150th Anniversary of the First Baptist Church (Centralia) County Administrator's Comments: County Administrator: Board Action Requested: Mr. Holland requests that the Board of Supervisors adopt the attached resolution recognizing the 150th anniversary of this historic church and its congregation. Summary of Information: In 1867, the African American members of Salem Baptist Church founded a new church called Salem African Baptist Church. The new congregation held worship services under a brush arbor before constructing a building in 1867 on a one -acre tract deeded in 1869 by members of the mother church. The congregation changed its name to the First Baptist Church (Centralia) . Early in the 20th century, members erected a church incorporating elements of the Gothic Revival and Colonial Revival styles. Razed by fire in 1996, this historic structure was rebuilt to original specifications in 1997. In November 2014, the site of the Historic First Baptist (Centralia) was designated a Chesterfield County Historic Landmark. Preparer Chris Ruth Title: Assistant Director, Dept. of Communications and Media Attachments: 0 Yes FI No X00.035 RECOGNIZING THE 150TH ANNIVERSARY OF FIRST BAPTIST CHURCH (CENTRALIA) WHEREAS, on April 7, 1867, just two years following the end of the Civil War, the First Baptist Church was organized under the name of the Salem African Baptist Church, and the name was later changed to the First Baptist Church (Centralia); and WHEREAS, the small group of members who formed this church had previously worshiped with the Salem Baptist Church; and WHEREAS, with help and blessings from their mother church, members originally worshiped under a brush arbor on the property, then moved to a modest frame structure located on the west side of the land; and WHEREAS, the one -acre plot of land on which they worshiped was given by Mr. and Mrs. P. A. Chalkley, and lumber for the church was donated by Mr. Ben Duval, members of Salem Baptist Church; and WHEREAS, in 1897, that modest sanctuary was erected under the leadership of the Reverend T. H. Johnson; and WHEREAS, circa 1910, during the administration of the Reverend William Thomas, the church was remodeled into the building we know today as Historic First Baptist (Centralia); and WHEREAS, admired for its twin towers, this second church building combined elements of the Gothic Revival, Colonial Revival and Shingle styles; and WHEREAS, in 1950, the Reverend Samuel Moss Carter was called to be its pastor and served for 40 years; and WHEREAS, in 1962, the church purchased 72 acres of land, which it later sold to purchase land for its present site on Kingsdale Road; and WHEREAS, on July 1, 1962, a groundbreaking ceremony was held for the new church, and the congregation attended its first service at the new site on August 4, 1963; and WHEREAS, on Homecoming Sunday, October 21, 1973, ten years after the new church was built, a ceremony was held to burn the mortgage to the church, thereby liquidating all debt held by First Baptist Church (Centralia); and WHEREAS, Dr. Wilson Edward Brown Shannon was called to First Baptist in January of 1991, and was installed on March 17, 1991; and I Cd) 010'101 3 6 WHEREAS, with a vision for an even greater ministry, Dr. Shannon is expanding the Samuel Moss Carter Family Life Center to a 45,000 square foot extension to include Pre -School accommodations for 150 children, banquet facilities for 750 occupants, an indoor Olympic -sized swimming pool, and other amenities supportive of family life ministry; and WHEREAS, in 1996, a groundbreaking ceremony was held for the extension of this Family Life Center under the theme, "It can be done, and we can do it"; and WHEREAS, On April 16, 1996, members mourned the loss of the Historic First Baptist Church (Centralia) by fire; and WHEREAS, Dr. Shannon expressed forgiveness for the arsonists, and told parishioners that "God said to me, Wilson Shannon, I want you to put it back"! WHEREAS, Dr. Shannon's pronouncement was the rallying call to the church community, and members who were professionals in architectural drafting, brick masonry, plastering and contracting, in addition to others in the community, came together to restore the historic church; and WHEREAS, the renovation was completed in April 1997, and a grand celebration was held to rededicate the historic church, just one year after fire devastated it; and WHEREAS, on March 19, 2017, Dr. Shannon and his family celebrated 26 years of being at the helm of what he calls "The Flagship Church," and Dr. Shannon takes seriously his charge to lead the members in keeping the faith and upholding the legacy of the church for future generations; and WHEREAS, on November 22, 2014, in recognition of its architectural and historical significance, parishioners and the community celebrated the approval of the site of Historic First Baptist Church (Centralia) as a designated Chesterfield County Historic Landmark, and Virginia Historical Highway Marker was installed on November 7, 2015; and WHEREAS, the First Baptist Church (Centralia) has always continued to grow and prosper in fellowship, stewardship and service to its members and the surrounding community; and WHEREAS, the church also has been a spiritual beacon for its members for 150 years, helping them through the challenges of independence, the Great Depression, societal changes, physical growth, world wars, arson, and familial joys and sorrows. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 26th day of April 2017, on behalf of the citizens of Chesterfield County, publicly recognizes and congratulates the congregation of First Baptist Church (Centralia) on its 150th anniversary and wishes them continued success and joy in all their endeavors. 3 ,J, CJ 0*0 3 7 AGENDA Page 1 of 1 Meeting Date: April 26, 2017 Item Number: 12.A.1. Subiect: Nomination/Appointment of Alternate Existing Alternate Board Member to a Virginia Waste Management Authority County Administrator's Comments: 7 County Administrator: Board Action Requested: Board Member and Reassignment of an Different Board Member of the Central Nominate/appoint alternate board member and reassign an existing alternate board member to be the alternate for a different board member of the Central Virginia Waste Management Authority (CVWMA). Summary of Information: Mr. Al Pace was recently hired as Assistant Director of General Services. This action will appoint Mr. Pace as the alternate to existing board member, Mrs. Marcia R. Phillips. As part of this action, Board approval is also requested to reassign Mr. Clay Bowles, Director of General Services, to be the alternate for Mr. Scott Zaremba, Deputy County Administrator. This reassignment action is necessary as the CVWMA assigns specific alternates for each board member. 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. Preparer: Clay Bowles Title: Director of General Services Attachments: F]Yes No #000038 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: April 26, 2017 Item Number: 12.A.2. Subiect: Nomination/Reappointment to the Camp Baker Management Board County Administrator's Comments: County Administrator: Board Action Requested: Nominate/ reappoint Mr. James Lumpkin, representing the Dale District, to serve on the Camp Baker Management Board, with a term effective May 1, 2017, through April 30, 2020. Summary of Information: The Camp Baker Management Board has the responsibility of overseeing and monitoring the operation of Camp Baker. The positions representing the Dale Magisterial District position expires April 30, 2017. one application was received for this position. Mr. James Lumpkin resides at 5020 Southmoor Road, Richmond, VA 23234, and has served on the Camp Baker Management Board for numerous years, and has expressed a willingness to continue for another term should the Board of Supervisors so choose. The Camp Baker Management Board and Mr. Holland concur with the appointment of Mr. Lumpkin. The term would be effective May 1, 2017, through April 30, 2020. 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. Preparer: Debbie Burcham Title: Executive Director, Community Services Board Attachments: F]Yes No # 0 00 0 3 9 eco CHESTERFIELD COUNTY �BOARD OF SUPERVISORS Page 1 of 1 z AGENDA Meeting Date: April 26, 2017 Item Number: 12.13. Subject: Amendment, Restatement, and Approval of the School Board Supplemental Retirement Plan County Administrator's Comments: County Administrator: Board Action Reques The Board of Supervisors is requested to approve the amendment and restatement of the School Board Supplemental Retirement Plan (SRP) Summary of Information: Chesterfield County Schools has a supplemental retirement plan for eligible school board employees as is permitted by the State and County codes. The supplemental retirement plan is subject to review and approval of the Board of Supervisors. Under Section 2-78 of the County Code, the Schools may make changes to the Plan documents which are required by the Internal Revenue Code and related regulations. These kinds of changes must be made and need not be reviewed by the Board of Supervisors. Other substantive changes to the SRP Plan must be approved by the Board of Supervisors. The attached plan document reflects changes to the Plan for the Board of Supervisor's consideration. The changes reflect a commitment to honor a longstanding employee benefit balanced with a fair, rational and fiscally responsible approach to providing such benefit. The county administrator's substantive recommendation to the Board of Supervisors was communicated in a letter to the school superintendent dated April 5, 2017 (attached). Modifications to that recommendation have been communicated to the superintendent in a subsequent letter dated April 17, 2017 (attached) . Preparer: Scott Zaremba Preparer: Allan M. Carmody Attachments: 0 Yes F-1No Title; Deputy County Administrator Title: Finance Director # 0100040 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Based upon assumptions stated in the letters, which served as direction to the County Attorney in preparing the SRP Plan document, the following are highlights of the proposed SRP benefits/eligibility criteria: • 175% salary benefit paid over a seven-year term • Maximum salary benefit of the first $95,000 in salaries earned for all eligible employees • 20 years of Chesterfield School service, except those that have attained age 65, for which 15 years of service required and 20 years of Virginia Retirement System (VRS) service • 175 maximum entrants per year with seniority to access based upon age • Qualifying age at pre -2010 employment raised to 55 and post -2010 employment remaining at 60 years of age As a companion Board of Supervisors action, there is a recommendation to amend the County's financial policies in conjunction with adoption of the budget. The policy will address sound management practices for contributions for long term liabilities that will govern both County and School plans; such as both the County and School supplemental retirement programs. The policy statement will be placed within a new subsection of the Operating Budget Policies contained in the budget document and read as follows: "Payments for Defined Pension Benefits - The County is committed to making annual payments to an established trust in an amount that is the greater of a) the actuarially determined contribution or b) the expected benefit payments, to sustain funding levels associated with defined pension benefits offered by the employer. initial payments to the respective trusts will be made annually prior to September 1 and any additional contributions, if needed, would occur prior to year-end and be paid from appropriated amounts or other sources targeted for trust deposits." The attached SRP amendment also includes changes to the SRP administrative structure to ensure that the fiscal health of the School's SRP program is improved and maintained. This includes a more detailed description of the duties of the Administrative Committee (referred to in the attachments as the "Board of Trustees") which will include both County and School members. The Administrative Committee will regularly meet and advise the SRP Plan Administrator on investment strategies and on sound actuarial assumptions, in conjunction with consulting investment advisors and actuaries. r 004 BOARD OF SUPERVISORS DOROTHYJAECKLE, CHAIR &imuda District LESLIE A. T. HALEY, VICE CHAIR Midlothian District CHRISTOPHER M. WINSLOW Covet Hill District JAMES M. "Jim" HOLLAND We District STEPHEN A. ELSWICK Matoaca District April 5, 2017 Dr. James Lane School Administration 9900 Krause Road Chesterfield, VA 23832 Dr. James Lane Chesterfield County, Virginia Joseph P. Casey, Ph.D., County Administrator 9901 Lori Road — P.O. Box 40 — Chesterfield, VA 23832-0040 Phone: (804) 748-1211— Fax: (804) 717-6297 — Internet: chesterfield.gov I appreciate the time and effort you have expended since your start on July 1, 2016 to address the School Supplemental Retirement Program (SRP). I drafted this letter with the sole intent to best protect the teachers and other support staff who have worked so hard over their careers with Chesterfield Schools. This letter is comprised of the following sections: • Executive Summary • Principles Which Will Ensure Sustainability and Professional Integrity of SRP • Quantitative Plan Amendments to Ensure a Sustainable SRP • Employee Impact Profiles • Qualitative Plan Amendments to Ensure Professional Integrity of SRP • Next Steps to Position SRP for Amendment, Restatement, and Implementation Executive Summary The inherent challenges with the SRP (Current Plan) have been well-documented. The purpose of this letter is not to go through the SRP history of plans, policy interpretations, actuarial reports, payments and related methodologies or funding. The purpose of this letter is to define the County's role going forward in its approval of an authoritative "Plan" document that will govern the SRP throughout its remaining life. The process the County went through in defining any Plan amendments was done with the upmost respect to the valued School employees. Those workers who joined the Schools reviewed, in good faith, the many attributes of School employment (e.g., salary, benefits, career potential, work environment). While there are never any guarantees on what a future salary will be or whether there will be a future change in benefits (e.g., healthcare has experienced many changes over an employee's career), many considered the SRP in their retirement planning. Unfortunately, as actuarial and financial statements clearly illustrate, the SRP Current Plan was not a sustainable program. O.4 2 Dr. James Lane April 5, 2017 Page 2 Since the Board of Supervisors is the authoritative approving body of the Schools SRP Plan under Code of Virginia provisions, the Board has identified deficiencies in the Current Plan which need attention. Since the County received your appointed SRP Committee's recommendation (Committee Plan) in February 2017, we have applied the County's fiscal, employee management and legal resources to reviewing the Committee Plan and making modifications, as needed, to develop critical Plan principles. Our efforts have changed the Committee Plan into what will be the County Administrator's proposal (County Plan) to the Board of Supervisors. As this letter is publicly available, it should be seen by all School employees so that any anxiety of SRP uncertainty that has arisen over the past nine months can be addressed. Therefore, I encourage you to disseminate this letter to your employees. The County has spent numerous hours to ensure that as many as possible are not impacted by the changes with only those changes made to ensure SRP sustainability. Such sustainability is also a trait of the County's prestigious and long-standing Triple AAA bond rating and must guide the appropriation of our taxpayer's funds for any employee benefit. The County Plan results in a $63.4 million unfunded liability; which is a 25.6% decrease from the current unfunded liability of $85.2 million with the attainment of an 80% funded ratio by 2027 (2018 funded ratio in Current Plan is 20.1% which increases to 25.3% in County Plan; an increase of 25.9%). The key assumptions of the County Plan are as follows: • 175% salary benefit over a seven-year term (unchanged from Committee Plan) • Maximum salary benefit of the first $85,000 in salaries earned for all eligible employees • 20 years of Chesterfield School service, except those that have attained age 65, for which 15 years of service required and 20 years of Virginia Retirement System (VRS) service • 175 maximum entrants/year with seniority to access based upon age • Qualifying age at pre -2010 employment raised to 55 and post -2010 employment remaining at 60 years of age This County Plan must be subject to joint County -School Board oversight with a professionally managed investment trust, regular actuarial reports meeting the standards of the profession for completeness and accuracy, and subject to the County's internal audit risk assessment model and related internal audits. As additional School funds become available (e.g., year-end surplus), these funds will be paid to the SRP Trust which will further reduce the liability and shorten the duration until the 80% funded ratio is attained. All these actions and related reports must be further presented in future public Audit and Finance Committee (AFC) meetings to ensure transparency to the School employees who are concerned about the sustainability of the SRP and so the citizens know that their tax dollars are being accounted for in a professionally managed pension plan. I want to personally thank you and Chris Sorensen, Assistant Superintendent for Business and Finance, for the collaborative efforts put forth to date in providing feedback to many of the County Plan attributes. Such collaboration has enabled the County to design a professional and sustainable SRP that mitigates adverse impacts to the School employees to the greatest extent feasible. Principles Which Will Ensure Sustainability and Professional Integrity of SRP 1000043 Dr. James Lane April 5, 2017 Page 3 The following principles formed the basis for the County Plan: • Board of Supervisors approval, as mandated by Code of Virginia Sec. 51.1-801 of a SRP Plan document that amends the 1997 SRP Plan document and is compliant with all current State and Federal regulations, at their April 26, 2017 meeting (1997 was most recent request from School Board to amend SRP Plan). • Understand and respect the Committee Plan and use their plan as a base from which any modifications warranted are made to ensure fiscal integrity and sustainability. • Respect that SRP benefits may have contributed to the desire of School employees to choose Chesterfield Schools for their career and that the fiscal challenges of the Current Plan were not due to hard working School employees. • Ensure that unfunded liabilities, which are far too great, are mitigated in both dollars and duration (and related funded ratio maximized to healthy benchmark indicator of 80%). • Ensure that the County's Triple AAA bond rating which may be at risk with such unfunded liability is preserved with a fiscally prudent plan. • Ensure that annual appropriations of taxpayer funds are reasonable, payments into trust accounts are timely performed at targeted amounts, and that the citizen's perspective of a fair, rational and fiscally responsible SRP is achieved. • Honor the Current Plan's benefit program for those SRP members who are currently serving the Schools in their first year of retirement (SRP Working Year) and those others who are retired and benefiting from SRP -related income. • Realize that this benefit was ended for all new employees hired or re -hired on or after July 1, 2013; that the liability will decline to $0 when last eligible member enters the SRP service period around 2050; and that the SRP will then cease to exist. • Have a SRP Plan that no longer needs to be modified after April 26, 2017. • Have no policies, related documents or interpretations about the SRP Plan referenced in the SRP Plan or existing outside of the SRP Plan that might otherwise be used to define, create, or modify the provisions of the SRP Plan. • Designate management responsibility for monitoring the SRP Plan, its financial position, and Plan compliance, with annual reports and presentations, as needed, to the Audit and Finance Committee (AFC). • Recognize the economies of scale and shared -knowledge expertise of the County's retirement plan administrators in providing shared oversight of the SRP Plan. Quantitative Plan Amendments to Ensure a Sustainable SRP For purposes of illustrating key initial fiscal indicators at prudent actuarial assumptions, the following represent Current Plan and Committee Plan liabilities, cash balances, unfunded liabilities and funded ratios that have been restated to reflect a 6.5% discount rate. The Current Plan's last liability calculation was based upon a discount rate of 7.5% and the Committee Plan lowered it to 7.0%. The lower the discount rate, the higher the liability, as it reflects a lower level of investment rate return on the cash balances held in the SRP trust. Dr. James Lane April 5, 2017 Page 4 The 6.5% discount rate is aligned with more fiscal conservative assumptions integral to a Triple AAA bond - rated locality and is still higher than 3 -year trends of actual returns (average 6.2%/year). However, the 6.5% assumption is prudent as it aligns with the County's assumption and pension investment portfolios with a focused investment advisor and Board of Trustee oversight, as proposed. In addition, it is more fiscally conservative than the VRS's 7.0% assumption; which is a large and actively managed investment portfolio that is highly recognized for its investment management. The restated fiscal indicators with the 6.5% discount rate are as follows for June 2017 ("SRP Participating' refers to those already in their retirement starting with their SRP Working Year and "SRP Eligible" refers to all existing employees eligible to access SRP benefit in the future): ($ in millions (M)) Current Plan Committee Plan County Plan SRP Participating $49.2M $49.2M $49.2M SRP Eligible $57.4M $47.OM (18.1% decrease) $35.6M (38.0% decrease) Total Liability $106.6M $96.2M (9.8% decrease) $84.8M (20.5% decrease) Total Cash Reserved $21.4M $21.4M $21.4M Net Unfunded Liability $85.2M $74.8M (12.2% decrease) $63.4M (25.6% decrease) Funded Ratio 2018 20.1% 22.3% (10.9% increase) 25.3% (25.9% increase) Funded Ratio at 80% n/a 2028 2027 As the preceding table indicates, the SRP Eligible has decreased 38.0%from the Current Plan's $57.4 million to County Plan's $35.6 million as compared to the Committee Plan's 18.1% decrease. In addition, it is projected through actuarial reports that such liability under the County Plan will achieve a benchmark funded ratio of 80% in 2027 as compared to the Committee Plan in 2028. The County Plan was based upon information provided directly from the actuary and was evaluated by staff. Therefore, it is a good measure of liability and funded ratio. As the last assumption assigned to the actuary (65 years of age with 15 years of Chesterfield service and 20 years of VRS service) has not been received, the County Plan does not yet include such results in the preceding table. However, it is expected that such results will not be a significant increase in the liability (< $1.0 million) and will be quantified in the formulation of the Board of Supervisors agenda item by April 19, 2017. In addition, the SRP Participating amount was equalized amongst the three plans illustrated, although initial actuarial reports had included those entering their SRP Working Year starting July 2017 in such amount. To illustrate the fixed liability of those in the plan, only those who are in their SRP Working Year in FY17 and those already retired receiving up to four years of the SRP benefit are illustrated. While the $49.2 million may not be the exact amount, the total liability in each of the plans illustrated is accurate. In the future, the actuary can classify such SRP Participating and Eligible into their rightful categories. The individual criteria for eligibility and benefits under the County Plan are as follows: • Salary Benefit and Term: The salary benefit is the most valued from the employee's perspective. Current Plan has 35% per year of ending salary paid to employees evenly over five years (175% total payout). The Committee Plan retained the benefit, but lengthened the term to seven years (25% per year). The County Plan retains the Committee Plan assumption. U 0 Dr. James Lane April 5, 2017 Page 5 • Maximum Number of New Entrants: The Current Plan has no maximum for new entrants per year which has potential for adverse impacts in certain fiscal years as the existing low cash balances (low funded ratio) may not be sufficient to meet retiree benefits. The Committee Plan recognized this constraint and determined that 175 maximum entrants peryearwould mitigate such adverse impacts from arising. The County Plan retains the Committee Plan assumption. While there is recognition that additional County Plan constraints may result in lower number of entrants and thereby not produce salary savings to invest in the SRP Trust, this risk will be actively managed by the Board of Trustees to best position the cash flow and whatever additional funding needed to meet the obligation. • Seniority to Access: In determining the selection of new entrants when over 175 apply for SRP, the County Plan will have it be based solely upon age. Because of the other County Plan changes to the SRP, those that appear to be most affected are those who may need to work a few additional years to qualify, therefore to mitigate their impact and have them still retire at a generally -accepted retirement age without worrying that others younger than they may have service -based seniority, helps ensure that all those eligible have a pathway to SRP. • Qualifying Age and Service Years: While these are two separate criteria, they are illustrated together as they are the criteria being changed that impacts liability the greatest. The Current Plan has the current age for pre -2010 hires at 50 and post -2010 hires at 60 with the Committee Plan retaining this threshold. The experience factor for the Current Plan was 10 years of Chesterfield service and 20 years of VRS service or "granted" with the Committee Plan raising the Chesterfield service to 15 years working for Chesterfield County. The County Plan raises the pre - 2010 age to 55 years and Chesterfield service to 20 years working for Chesterfield County and VRS service. These adjustments are determined to be reasonable pension -based assumptions and have taken into consideration not just employees who have served long tenures with the Schools, but even those who entered the Schools at a much later age to also access such benefit (e.g., 44 - year -old teacher hired before July 1, 2013 can access such benefit at age 64). o Additional Age -Service Consideration: There are some school employees who may have chosen Chesterfield Schools as their employer post age 44 with plans to retire by age 65 with SRP Working Year. The County respects these employees and has added a provision to this age -service eligibility that enables those once they turn age 65 to retire with 15 years of Chesterfield service. This should help address those employees who do not have the 20 years of Chesterfield service by age 65 but do have 20 years of VRS service. As there is no mandatory retirement, there may be some of these employees who would need to work beyond age 65 if they wanted the SRP benefit. • Maximum Salary: The Current Plan had no salary threshold to restrict the payout balance and the Committee Plan created a maximum of $135,000. The County Plan maximum is $85,000. This maximum applies to all eligible SRP Participants (employee's above $85,000 still receive SRP, but only up to the benefit of $85,000, which will still yield a payout at 175% = $148,750). The rationale for the $85,000 is that it preserves the entire teacher pool at its current maximum salary step of a master's scale ($66,761) that would be accommodated for the foreseeable future with any salary step escalations. For those positions greater than $85,000, the additional benefits of a higher VRS benefit via future salary increases also help with retirement planning and mit ates the impact of the $85,000 maximum. ari.o A, wee ,Mta•�, sm.rr'.:Ra.cq Dr. James Lane April 5, 2017 Page 6 The topic of "grandfathering" was considered as a strategy in the County Plan in conjunction with other strategies, but it was not in the Committee Plan as there are many dynamics as to where to draw the line while still being fiscally prudent. Therefore, the design of the County Plan sought to minimize impacts by emulating "grandfathering" in two manners: • Additional age -service consideration helps those attaining age 65 with lesser service years than those below the age of 65 (15 years as compared to 20 years) • Maximum entrants/year gives preference to those with age to not otherwise delay their retirement plans that are taking effect sooner than later While there may be some employees that must work additional years beyond what their retirement plans were under the Current or Committee Plan, the County Plan criteria of giving them priority based upon age to access SRP and lesser years at age 65 hopefully mitigates such impact. Employee Impact Profiles The County Plan criteria was designed with primary focus upon the teachers and all the other school eligible positions earning up to $85,000 per year. Simply stated, all employees earning up to $85,000 who have worked with the Schools for 20 years and are greater than or equal to age 55 (pre -2010 hire) or greater than or equal to age 60 (post -2010 hire) will be eligible to receive a 175% payout of their ending salary over a period of seven years; assuming they are within the 175 maximum entrants/year that has age as the determining criteria for access. The impact to those with salaries greater than $85,000 may appear to be the most impacted by the County Plan. However, with the County Plan financial sustainability, the Board of Supervisors Five -Year Financial Plan assumption of salary increases of 2% per year have a much higher probability of occurrence. The salary impact of a compounding assumption cannot be understated as a $125,000 salary after five years of 2% salary growth equals $138,000 or an additional $38,500 in total additional income over those five years. In addition, with a $13,000 higher average final compensation and assuming 30 years of service, VRS income increases by $6,630 per year or $99,450 over the first 15 years of retirement of the employee or their surviving spouse. These assumptions exclude the salary and related retirement benefits of any promotions or benchmark salary adjustments that may occur in the future. As an example, the School Board's FY2O18 budget proposes to adjust principals' salaries by an average of $10,897/year which also correlates to a higher VRS benefit of $5,557/year (assuming VRS income = 51% of salary). In many cases, these additional salary sources result in a higher overall income during retirement years than under the Current Plan's five-year payout. Every School employee should formulate their retirement plan with reasonable assumptions and make an informed decision as to the timing of their retirement. While each employee may have a unique profile, the earning of 25% of a salary and —51% in VRS retirement income in a SRP Working Year, then earning that same 25% for six subsequent years may not be a beneficial to other employee options (e.g., additional working years and higher VRS income potential). Dr. James Lane April 5, 2017 Page 7 The preceding examples are meant to illustrate that the value of investing in the workforce via salary increases and benchmark adjustments must also be factored when reviewing the impact of the County Plan upon retirement planning. Those additional salary assumptions and the increased VRS income during retirement years are both valuable sources of income during the end of a career and throughout the retirement years of the employee and the VRS income then provided to the surviving spouse, if applicable. As noted previously, with a sustainable SRP, the probability of Five -Year Financial Plan assumption of 2% per year salary increases occurring is more probable. Qualitative Plan Amendments to Ensure Professional Integrity of SRP In addition, the following qualitative adjustments will be made in the County Plan to ensure the environment exists for continued monitoring to illustrate to participants, citizens, and public officials that the pathway towards an 80% funded plan is as intended through proper financial, employee management and legal oversight. • Board of Trustees: A formal appointed body of five individuals proficient in knowledge about pension plans (County (2) and School (3)) will meet quarterly, at a minimum, to review Plan compliance, actuary information, investment trust performance and metrics established to ensure that pathways towards funded ratio goals are on target. Four of these positions will be standing positions of the Board of Trustees and one at -large person appointed by the School Board. The four standing positions and their current employee are: 1) County's Deputy County Administrator (Scott Zaremba), 2) County's Finance Director (Allan Carmody), 3) School's Assistant Superintendent of Business and Finance (Chris Sorensen); and 4) School's Assistant Superintendent for Human Resource and Administrative Services (Lyle Evans). I would like the School Board to appoint the at - large person at their April 18, 2017 meeting for the Board of Trustees to have their first meeting by May 1, 2017. This ensures that this important topic gets our fullest attention immediately. • Joint County -Schools Investment Advisor and Actuary: There are economies of scale and shared knowledge that exist with joint procurement and contract oversight of an investment advisor, investment custodian and actuary contracts. These firms will be contracted via a procurement and selection process monitored by the Board of Trustees. It is anticipated that the investment advisor contract will be in effect by January 1, 2018, with the other contracts following at the end of the corresponding contract term. • Change in SRP Position Scope: While the predominant disposition of those serving in their first year of working in retirement (SRP Working Year) is to remain in their current position (pre -SRP teacher remains a teacher in their SRP Working Year), there may be circumstances for which a lateral job from their last employment are not available. In these cases, no positions during SRP Working Year can be higher or lower than two pay grades from their last employment grade. • Recurring Reports: The AFC, with representation comprising County and School elected officials, shall receive an annual report of the SRP. Such report shall be distributed to all Board of Supervisors and School Board members, and be available to the public. Included in the annual report shall be the actuarial report results and analysis of how such results compare to the projections of the SRP Plan. If there are any variances between the Plan projections and actual results, such variances will be analyzed and reported back to the AFC. IIJ r U 0 rul 4 8 Dr. James Lane April 5, 2017 Page 8 • Appropriation Resolution: Each year, until the funded ratio of 80% is achieved, the Board of Supervisors shall have the following statement in its annual Appropriation Resolution — "To ensure dedicated funding is placed into the SRP Trust for the benefit of continued SRP Participants, the School Board shall make direct payment into the SRP Trust equal to the appropriated amount and 75% salary savings of the newly -enrolled SRP Working Year participants; not to be less than the actuarially determined contribution. This payment shall be reinforced by the County's holdback of new fiscal year General Fund local revenue transfer to the School Operating Fund until direct payment is made. If such payment is not made by September 1 annually, then the General Fund will make such payment directly into the trust up to the holdback amount." • Audits: The Internal Audit Director will be briefed in detail by the Board of Trustees about the SRP Plan and, out of respect for the independence of their position and standards of the profession, the Internal Audit Director shall make determinations of how best to incorporate the SRP in risk assessment models and related internal audits. The AFC approves all Internal Audit Plans and all internal audit reports are presented to the AFC and publicly available. In addition, at an AFC meeting to be held prior to July 1, 2017, the external auditors (Cherry Bekaert Holland) will be briefed on this topic with discussions about what roles, if any, are needed from external auditors related to SRP Plan compliance, auditing, budgeting, accounting, and reporting; including, but not limited to, Comprehensive Annual Financial Report disclosures. All such internal and external audit results and reporting related to SRP shall also be shared with the Board of Trustees. • Additional Pay Down Opportunities: To illustrate the priority in reducing the unfunded liability and achieving the funded ratio of 80% sooner than projected, additional cash payments to the SRP Trust will be provided annually from year-end surpluses of the School Operating Fund in an amount equal to $2.0 million of year-end surplus balances above $3.0 million, and after set asides for encumbrances and planned debt service reserves. Additional amounts beyond such thresholds are also encouraged to be done by the School Board. Because such surplus balances are not guaranteed to occur, they are not included in County Plan actuarial assumptions. Any exception to this additional pay down opportunity must be approved by the Board of Supervisors. Next Steps to Position SRP for Amendment, Restatement, and implementation I hope that the preceding information reflects a combination of support for the entire school workforce and fiscal stewardship. While the County Plan is more fiscally conservative than the Committee Plan, I hope you respect the balance the County had to apply between professional fiscal responsibility and compassion to your workforce. I also understand that the School Board may simply take action of the Committee Plan as a School Board recommendation to the Board of Supervisors on April 18, 2017. Such intent, while permissible, will not deter my recommendation to the Board of Supervisors of the County Plan. It is my understanding that since the SRP Plan must ultimately be a Board of Supervisor approved document, that the School Board does not have to act on such document prior to, or even after, Board of Supervisor action. I would prefer the School Board discern all the information included in this letter prior to reaching a conclusion, but again, respect that you and the School Board may take actions separate and apart from the County Plan. I would be glad to convene a meeting with your School Board chair, County Board chair and the two of us if any aspects of this letter aren't clear or if there are any material flaws in the assumptions. Dr. James Lane April 5, 2017 Page 9 I hope that you respect that I am trying to negate the prolonged confusion that may exist with your workforce if a School Board adopted Plan is different than a County Plan and would encourage that a singular and identical Plan be adopted by both elected bodies. I am especially mindful of those School employees seeking the facts to determine their retirement planning sooner than later. Therefore, the County Attorney will be drafting a blackline version of the formal and legally compliant SRP Plan (County Plan) using last version approved by the Board of Supervisors (in 1997) as the base document. This blacklined version will be shared with you and the School Board, as well as available to your employees and citizens. The SRP Plan is a complex legal document and there will be many legal edits to the 1997 SRP Plan to ensure compliance with current legal standards, but I don't anticipate that any of those edits should deter a School employee from making an informed decision. In addition, as there are no new eligible employees to benefitfrom the SRP since July 1, 2013,1 am also askingthe County Attorney to have language in the SRP Plan that automatically brings closure to the SRP when the last eligible employee receives the last of their seven-year payout of SRP benefits. To ensure nothing gets taken out of context, you are welcome to share this letter with the School Board and employees as we plan to make this letter publicly available. In addition, I will forward the 2017 SRP Plan blackline to you upon the completion of the County Attorney's compilation; which is expected to occur prior to April 19, 2017.1 know that this date is after your School Board meeting. Therefore, please consider what actions of the School Board are necessary using the information in this letter as a guide at your April 18, 2017 School Board meeting. I look forward to working with you further in transitioning the SRP to its rightful position of being a well- managed and fiscally -sound benefit program that provides meaningful benefits to School employees. incerely Jose P.a , PFi D unty Administrator Cc: The Honorable Members of the Board of Supervisors The Honorable Members of the SchoAl Board Jeff Mincks, County Attorney Scott Zaremba, Deputy County Administ ator Allan Carmody, Director of Finance Chris Sorensen, Assistant Superintendent for Business and Finance Wendell Roberts, School Board Attorney Greg Akers, Director of Internal Audit 050 BOARD OF SUPERVISORS DOROTHY JAECKLE, CHAIR Bcrosuda District LESLIE A. T. HALEY, VICE CHAIR Midlothian District CHRISTOPHER M. WINSLOW Clover Hill District JAMES M. "Jim" HOLLAND Dale District STEPHEN A.ELSWICK Matoaca District April 17, 2017 Dr. lames Lane School Administration 9900 Krause Road Chesterfield, VA 23832 Dr. James Lane: Chesterfield County, Virginia Joseph P. Casey, Ph.D., County Administrator 9901 Lori Road — P.O. Box 40 — Chesterfield, VA 23832-0040 Phone: (804) 748-1211 — Fax: (804) 717-6297 — Internet: chesterfield.gov Since my prior letter dated April 5, 2017 that framed my proposal (Proposed Plan) to the Board of Supervisors for the School Supplemental Retirement Program (School SRP), the County has had many discussions with School employees, School senior leaders and the School Board itself. These discussions have further helped solidify many of the attributes outlined in the Proposed Plan and have helped refine other attributes. The goal of this letter is to recognize those attributes that will be further refined in the Proposed Plan. The proposed modifications to the Proposed Plan still adhere to the overarching statement from my prior letter— "combination of support forthe entire school workforce and fiscal stewardship." There were many other fiscal attributes referenced in the prior letter and references to the precious Triple AAA bond rating, but the intent of this letter is to not be redundant of such prudent fiscal strategies. Quantitative Plan Amendments to Ensure a Sustainable School SRP • Additional Age -Service Consideration: While no changes are proposed, a pending item regarding liability impact existed April 5, 2017. The impact of enabling those at age 65 to have seniority with 15 years of service and 20 years VRS service in accessing the plan was not known April 5, and is now calculated as an increase of $2.4 million in the liability. In addition, in further review of the eligible population, the 350th eligible employee with 20 or more years of Chesterfield service qualifying today has 25 years of experience and is 55 years old. Therefore, within two years it appears that not only those who are near 65 years of age, but also those with long tenure who may be much younger would qualify for SRP within the next two years. This should mitigate the anxiety expressed by many School employees. • Maximum Salary: From a detailed review of impacted employees, it appears that an increase to the maximum salary to $95,000 (previous Proposed Plan was $85,000) will enable an additional Dr. lames Lane School Administration April 17, 2017 Page 2 19 employees to fully realize the maximum salary benefit today and even more employees in subsequent years. The new higher salary is more inclusive of other instruction -related positions (e.g., counseling coordinators, speech therapists, on-line learning manager, library system administrator). While the School SRP is no longer utilized as a recruitment tool because of its closure, its importance as a retention tool is better recognized in positioning these existing and future leaders for a productive Chesterfield career. The impact upon the liability is approximately $900,000. Maximum Number of New Entrants: With Proposed Plan retaining the 175 maximum entrants as proposed by School Committee, concerns raised by you noted that Proposed Plan may have approximately 125 new entrants and that would lessen the current salary savings into the School SRP trust to meet current obligations to School SRP recipients. This issue is mitigated each subsequent year as the actuarially determined contributions decline annually from FY18's $14.4 million. While the existing cash balances of the School SRP Trust ($21.4 million) are sufficient to address any shortfall anticipated, l do respect your perspective to not reduce the School SRP Trust going forward. Therefore, I suggest that as part of the year-end fiscal review for FY17 and first quarter FY18 projections, that the Administrative Committee propose strategies to negate any decline in the SRP Trust and formulate positive cash flow models (e.g., year-end school surplus funds, additional pay down opportunities noted in April 5, 2017 letter). The preceding changes retains the fiscal stewardship goals of the Proposed Plan. This revises the Proposed Plan fiscal indicators as follows and comparison to Current Plan: School SRP Participating $49.2 million School SRP Eligible $38.9 million (32.2% decrease) Total Liability $88.1 million (17.4% decrease) Total Cash Reserved $21.4 million Net Unfunded Liability $66.7 million (21.7% decrease) Funded Ratio 2018 24.3% (21.0% increase) Funded Ratio at 80% 2027 (Current Plan was n/a) ualitative Plan Amendments to Ensure Professional Integrity of School SRP • Board of Trustees: While my initial letter indicated a goal to have the first Board of Trustee meeting by May 1, to ensure proper public notices, complete agenda, and preparation time, the first meeting is now proposed to occur prior to May 15, 2017. In addition, your senior staff has indicated that a more appropriate standing position should be the Director of Compensation and Benefits and not the Assistant Superintendent for Human Resources and Administrative Services. I concur with such revision, but also encourage you to appoint the at -large person at your April 19, 2017 meeting to ensure a fully functioning Administrative Committee (actual name per School SRP document replaces my prior reference of "Board of Trustees"). This at -large position should be anyone that the School Board desires, and does not necessarily have to be a school employee. If such person has a representative perspective of school workforce at -large or a technical expertise in pension management, then I would assume that the Administrative Committee is well -served. Dr. James Lane School Administration April 17, 2017 Page 3 • Appropriations Resolution: In lieu of a singular School -related SRP appropriations resolution that dictated holdbacks and timing of school payments, I am modifying this to not be wording embedded in an appropriations resolution. Instead, I will propose to the Board of Supervisors that a financial policy statement be added to the Board of Supervisor's formal financial policies for adoption with the budget. The policy will address sound management practices for contributions for long term liabilities that will govern both County and School plans; such as both of our supplemental retirement programs. Compliance with this policy statement will be part of the Recurring Reports to the Audit and Finance Committee with any noncompliance acted on accordingly (e.g., redirection of local funding directly into trust). The policy statement will be placed within a new subsection of the Operating Budget Policies contained in the budget document and read as follows: "Payments for Defined Pensions and Other Postemployment Benefits - The County is committed to making annual payments to an established trust in an amount that is the greater of a) the actuarially determined contribution or b) the expected benefit payments, to sustain funding levels associated with defined pension and other postemployment benefits offered by the employer. Initial payments to the respective trusts will be made prior to September 1 annually based upon appropriated amounts or other sources targeted for trust deposits." The School Board action requested April 19, 2017 would be acknowledgement of this letter and the prior April 5, 2017 letter, with support for the County Attorney to draft a School SRP compliant with these letters. Therefore, I suggest that you consider a resolution put forth before your School Board that recognizes the substance of these letters. The County Board of Supervisors will still be positioned to act on the official School SRP Plan as part of its April 26, 2017 meeting; which will also include the financial policy amendment previously noted. After such meeting, the School Board is welcome to adopt the School SRP Plan and financial policy statement. I sincerely hope you find these modifications are fiscally prudent and worthy of your recommendation to the School Board, and that they can adopt. ;Casey, Ph.D. unty Administrator cc: The Honorable Members of the Kloard of Supervisors The Honorable Members of the Sc of Board Jeffrey L. Mincks, County Attorney Scott Zaremba, Deputy County Administrator Allan Carmody, Director of Finance Chris Sorensen, Assistant Superintendent for Business & Finance Wendell Roberts, School Board Attorney Greg Akers, Director of Internal Audit U3 4/25/2017 Chesterfield County Public Schools Supplemental Retirement Plan PRESENTATION TO THE BOARD OF SUPERVISORS APRIL 26, 2017 1 Employee and Financial Considerations Shaped the Plan Review and understanding of the existing plan and the proposed school committee plan Respect for the decisions of employees choosing Chesterfield Schools Protect the benefits of those in their SRP working year or retired and receiving payouts under the plan Adherence to fiscal stewardship and responsibility Reasonable cost of benefit Liability reduction Improved funded status of the trust Protection of the Triple — AAA credit ratings Credit Ratings are Multi- dimensional, ulti- dimensional, Yield Various Benefits A Summary Primer on a Credit Rating • Beneficial aspects of a high credit rating A testament to having an environment conducive to growing business investment A testament to the strength of management's capabilities Provides an issuer access to capital at the lowest cost of funds • Ratings reflect the relative strength of a variety of characteristics Economy and tax base (30%) Finances (30%) o Management (20%) o Debt/Pensions (20%) Represent an independent third party validation of environment Characteristics and relative importance sourced from Moody's Investor Services 4/25/2017 2 4/25/2017 Rating Agency's Focus on Pensions - Liability and Ability to Pay Pensions and Rating Criteria: • Pensions comprise 10% of Moody's weighted rating scorecard • Moody's focus is on Adjusted Net Pension Liability • Adjusted Net Pension Liability evaluated relative to: An entity's tax base An entity's operations Other equally important criteria: Value of tax base Fund balance (as a percentage of operating revenues) Management Practices Even More Important Recent independent research/ commentary: "The rigor of a government's financial management practices is an important factor in Standard & Poor's analysis of that governments creditworthiness." — Standard & Poor's, U.S. Local Governments General Obligation Ratings: Methodology and Assumptions , September IT, 201 "... we have considered consistent adherence to a prudent actuarially determined pension funding plan as an indicator of sound budget managgement practices" — Moody's Investors Service, US Local Government General Obligation Debt, January 15, 2014 "Past Pension Costs to Compete for Future Resources of Many US State and Local Governments" — Moody's Investors Service November 9, 2015 Rating Agencies Recognize Chesterfield's Strong Management Practices Rating agency commentary from Chesterfield credit reports: Fitch Ratings -June, 2016 credit report: "The AAA' IDR and GO rating reflects the county's robust financial management as demonstrated by the solid maintenance of reserves, low debt and pension liabilities. The county's strong revenue and expenditure flexibility support Fitch's expectation for resilient operations going forward." Moody's Investors Service - June, 2016 credit report: "Continued careful financial management and commitment to maintaining sound financial flexibility are expected to support Chesterfield's strong fiscal operations." Proposed Plan Best Positioned for Longer Viability Plan financials focus on reduction in unfunded liability and improvement in funded ratio Funded ratio is a point -in time measure of a plan's financial health 80% funded ratio an industry standard of a well funded plan School SRP Participating $49.2 million School SRP Eligible $38.9 million (32.2% decrease) Total Liability Total Cash Reserved Net Unfunded Liability Funded Ratio 2018 Funded Ratio at 80% $88.1 million (17.4% decrease) $21.4 million $66.7 million (21.7% decrease) 24.3% (21.0% increase) 2027 (Current Plan was n/a) 4/25/2017 4 Proposed Plan Reduces Annual Costs Lower unfunded liabilities Estimated Annual Savings $1,800,000 result in lower contribution $1,600,000 levels $1,400,000 Proposal has lower projected $1,200,000 contribution levels than CCPS $1,000,000 plan $800,000 Savings total $14.2M over 12 $600,000 years $400,000 Creates flexibility/ capacity for other priorities $200,000 $o — FY18 FY19 FY20 FY21 FY22 FY23 FY24 FY25 FY26 FY27 FY28 FY29 Plan Design Highlights of the Plan design consist of: Value of benefit equals 175% of final annual compensation Benefit paid out over a seven year period 175 maximum entrants per year with seniority to access plan based on age Maximum salary on which the benefit is calculated is $95,000 Service requirement of 20 years with Chesterfield Schools and with VRS, except those employees 65 or older, 15/20 years Age requirement of 55 (pre -2010 employment), 60 years post -2010 employment 4/25/2017 5 Plan Governance and Enhanced Transparency Formation of a joint county -school Administrative Committee Primarily financially oriented responsibilities Membership County: Deputy County Administrator and Finance Director Schools: Asst. Superintendent of Finance, Director of Compensation & Benefits, and At- large t- Iarge Enhanced reporting to elected bodies and appointed committee • Uses Internal Audit, external auditors, and Audit & Finance Committee • Annual, and as needed reporting requirements on Plan finances Amendment to Financial Policies Specifies payments on Defined Benefit Plans Governance Embedded in Board Policy Financial Policy Amendment (presented for consideration via companion item): Payments for Defined Pension Benefits - The County is committed to making annual payments to an established trust in an amount that is the greater of a) the actuarially determined contribution or b) the expected benefit payments, to sustain funding levels associated with defined pension benefits offered by the employer. Initial payments to the respective trusts will be made annually prior to September 1 and any additional contributions, if needed, would occur prior to year-end and be paid from appropriated amounts or other sources targeted for trust deposits. Companion Appropriations Resolution grants County Administrator authority to make necessary payments. 4/25/2017 N! 4/25/2017 Supplemental Retirement Program for Employees of Chesterfield County Schools Amendment and Restatement Effective July 1, 201a2017 Table of Contents Page Introduction....................................................................................................................................1 Article1 Definitions..................................................................................................................2 Section 1.1 Actuarial Equivalent.............................................................................................2 Section1.2 Beneficiary............................................................................................................2 Section1.3 Contributions.........................................................................................................2 Section 1.4 Defined Benefit Plan.............................................................................................2 Section 1.5 Defined Contribution Plan....................................................................................2 Section 1.6 Early Retirement Age...........................................................................................3 Section 1.7 Effective Date.......................................................................................................3 Section1.8 Employee..............................................................................................................3 Section1.9 Employer.............................................................................................:.................3 Section1.10 Fiduciary...............................................................................................................3 Section 1.11 Final Annual Compensation.................................................................................3 Section 1.12 Full -Time Regular Employee...............................................................................4 Section1.13 Fund......................................................................................................................4 Section1.14 IRC........................................................................................................................4 Section 1.15 Leased Employee..................................................................................................4 Section 1.16 Limitation Year.....................................................................................................4 Section 1.17 Normal Retirement Age........................................................................................5 Section1.18 Participant.............................................................................................................5 Section1.19 Plan .......................................................................................................................5 Section 1.20 Plan Administrator................................................................................................5 Section1.21 Plan Year...............................................................................................................5 Seetion 1.22 D.,1;..5. 521 !1 Section 1.232 Total and Permanent Disability or Totally and Permanently Disabled ................5 Section1.243 Trust Agreement...................................................................................................5 Section1.264 Trustee...................................................................................................................6 Section1.265 Year of Service.....................................................................................................6 Article 2 Eligibility and Participation.....................................................................................7 Section 2.1 Eligibility for Participation...................................................................................7 Section 2.2 Eligibility for Benefits..........................................................................................7 Section2.3 Participation..........................................................................................................8 Section 2.4 Status of Participant Receiving Benefits...............................................................8 Section 2.5 Break in Service Requirement..............................................................................8 Article 3 Early Retirement Incentive Benefits.......................................................................9 Section 3.1 Early Retirement Incentive Benefit......................................................................9 Section 3.2 Disability Benefit................................................................................................11 Section3.3 Death Benefit......................................................................................................11 Section3.4 Vesting................................................................................................................11 Section 3.5 Election of Payment Option................................................................................12 Section 3.6 Rollover Distributions.........................................................................................12 Section 3.7 Disciplinary Action.............................................................................................13 Section3.8 USERRA.............................................................................................................13 Article4 Funding....................................................................................................................14 Section 4.1 Contributions by the Employer...........................................................................14 Section4.2 Trust Fund...........................................................................................................14 Article 5 Fiduciaries and Administration of the Plan.........................................................15 Section5.1 General................................................................................................................15 Section 5.2 Employer Responsibilities..................................................................................15 Section5.3 Trustee.................................................................................................................15 Section 5.4 Plan Administrator..............................................................................................15 Section 5.5 Claims for Benefits.............................................................................................16 Section 5.6 Claims Procedures..............................................................................................17 Section5.7 Records...............................................................................................................18 Section5.8 Missing Persons..................................................................................................18 Section5.9 Audits............................................................................................................ 20 Article 6 Maximum Benefits and Required Distribution of Benefits.................................19 Section 6.1 Maximum Retirement Benefit............................................................................19 Section 6.2 Required Distribution of Benefits.......................................................................19 Article 7 Amendment and Termination of the Plan............................................................22 Section 7.1 Amendment of the Plan......................................................................................22 Section 7.2 Termination of the Plan......................................................................................22 Article8 Miscellaneous...........................................................................................................24 Section8.1 Governing Law...................................................................................................24 Section8.2 Construction........................................................................................................24 Section 8.3 No Employment Contract...................................................................................24 Section 8.4 Receipt Prior to Payment....................................................................................24 Section 8.5 Payments to Incompetents..................................................................................24 Section 8.6 Non -alienability of Benefits................................................................................24 Section 8.7 Domestic Relations Order...................................................................................25 Section8.8 Merger of Plans...................................................................................................28 Section8.9 Mistake of Fact...................................................................................................28 Section 8.10 Exclusive Benefit................................................................................................28 Section8.11 Expenses.............................................................................................................28 Section 8.12 Counterparts........................................................................................................29 Adoptionof the Plan....................................................................................................................30 AppendixA—Aetuar-ial Equivalents.........................................................................................31 Introduction Effective July 1, 1995, the Chesterfield County School Board adopted the Early Retirement Incentive Plan for Employees of Chesterfield County Schools (hereinafter rororroa to as4he for the benefit of employees eligible to participate therein. Subsequent to that date, the name of the Plan was changed to the "Supplemental Retirement Program for Employees of Chesterfield County Schools_;" and a number of pehey ehan es were made to the Plan. I. W, "0, IN WAVUE"NO1111A The Plan is hereby amended and restated generally effective July 1, 2015-2017 in order to incorporate prior amendments to the Plan and make certain other changes required by ,•.. The purpose of the Supplemental Retirement Plan for Employees of Chesterfield County Schools (hereinafter referred to as the "Plank is to provide early retirement benefits for eligible employees. Benefit payments received by a Participant during the period of time the Participant is providing services to the Employer in a temporary, part-time position shall be made from the general assets of the Employer. Thereafter, benefit payments received by the Participant shall be considered made from a plan qualified under Section 401(a) of the Internal Revenue Code of 1986 ("IRC"), as amended. The Plan is a "governmental plan" under IRC Section 414(d) and Section 3(32) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"). As a "governmental plan" under ERISA, the Plan is exempt from the provisions of Title I of ERISA. It is intended that this Plan, together with the Trust Agreement established to carry out the funding of the Plan, provided that the Employer has sufficient funds to meet its obligations hereunder as set forth under applicable law, meet all the—applicable requirements of the IRC and, wherever possible, the Plan shall be interpreted to comply with the terms of the IRC and all formal regulations and rulings issued under the IRC. Article 1 Definitions As used herein and in the concomitant Trust Agreement, unless otherwise required by the context, the following words and phrases shall have the following meanings i: Section 1.1 Actuarial Equivalent Actuarial Equivalent means a benefit of equivalent value when computed on the basis of the factorsdenoted in Appendix ^ to this Pl—aa determined by the Administrative Committee. Section 1.2 Beneficiary Beneficiary means any person designated by a Participant or otherwise entitled to receive such benefits as may become payable under the provisions of the Plan after the death of such Participant. The designation of a Beneficiary shall be made on forms provided by the Plan Administrator, and such forms shall be maintained in files held by the Plan Administrator. From time to time, a Participant may change his Beneficiary by written notice to the Plan Administrator. Upon such change, the rights of all previously designated Beneficiaries to receive any benefits under the Plan shall cease. If there is no valid and current Beneficiary designation on file with the Plan Administrator at the date of death of the Participant, any death benefits which would have been payable to the Beneficiary shall be payable to the Participant's spouse, if any; if none, equally to the Participant's surviving children, if any; or if none, then to the Participant's estate. Subject to applicable law, the interpretation of the Plan Administrator with respect to any Beneficiary designation shall be binding and conclusive upon all parties, and no person who claims to be a Beneficiary, or any other person, shall have any right to question any action of the Plan Administrator, which in the judgment of the Plan Administrator fulfills the intent of the Participant who filed such designation. Section 1.3 Contributions Contributions means the payments as provided herein by the Employer to the Fund. Section 1.4 Defined Benefit Plan Defined Benefit Plan means a plan established and qualified under IRC Section 401 or 403, except to the extent it is, or is treated as, a Defined Contribution Plan. Section 1.5 Defined Contribution Plan Defined Contribution Plan means a plan established and qualified under IRC Section 401 or 403 which provides for an individual account for each Participant therein and for benefits based solely on the amount contributed to each Participant's account and any income and expenses or gains or losses (both realized and unrealized) which may be allocated to such accounts. 2 Section 1.6 Early Retirement Age Early Retirement Age means the date a Participant shall become eligible for benefits under this Plan as described in Section 2.2. Section 1.7 Effective Date Effective Date means July 1, 1995, or such later date as of which an Employer adopts the Plan for its Employees. The Effective Date of this amended and restated Plan is July 1, 241-52017. Section 1.8 Employee Employee means any person who is employed by the Employer on a full-time basis under the terms of an annual employment contract or notification of assignment, except any person considered a Leased Employee within the definition of IRC Section 414(n). Section 1.9 Employer Employer means the Chesterfield County Public Schools or any successor to such entity. Section 1.10 Fiduciary Fiduciary means the Employer, Trustee, Plan Administrator and any individual, corporation, firm or other entity which assumes in accordance with Article 5 responsibilities of the Employer, Trustee or Plan Administrator respecting management of the Plan or the disposition of its assets. Section 1.11 Final Annual Compensation Final Annual Compensation means, for any Employee, the annual rate of contract compensation in effect at the commencement of retirement paid by the Employer including: (a) any portion of said Employee's base pay which would be due and payable had he not signed a salary reduction agreement in order to participate in a tax sheltered annuity program pursuant to IRC Section 403(b); (b) any amount which said Employee could have elected to receive as cash in the current year as taxable income in lieu of a non-taxable benefit under a plan which is maintained pursuant to IRC Section 125; and (c) effective on or after January 1, 2010, any amount paid to said Employee as differential wage payments (as defined in IRC Section 414(u)(12)(D)) during a period of qualified military service (as defined in IRC Section 414(u)(5)). Compensation shall exclude any contributions by the Employer to this or any other employee benefit program, other than the amount(s) specifically stated herein. In no event shall compensation as hereinbefore determined exceed the dollar limitation or such adjusted amount as may be determined by the Secretary of Treasury pursuant to IRC Section 401(a)(17) from time to time, provided that the adjustment determined as of any January 1 of a calendar year by the Secretary of Treasury shall be effective for Plan Years beginning in such calendar year. The change in the dollar limitation under IRC Section 401(a)(17) required by the Omnibus Budget Reconciliation Act of 1993 shall have no force and effect, and any required adjustment to the limitation shall not be considered an amendment to this Plan, until July 1, 1996. Compensation of an Employee who is at any time simultaneous!y in the employ of more th—all. one Employer- shall be the sum of sueh eamings Feeeived by the Employee from all Employers. For an Employee who begins receiving benefits under the Plan on or after July 1, 2017, the term Final Annual Compensation shall not exceed $95,000.00 for the purpose of calculating such benefits in accordance with Section 3.1. Section 1.12 Full -Time Regular Employee Full -Time Regular Employee means any Employee hired to work the normal, full-time thirty (30) to forty (40) hour workweek on a regular basis. Section 1.13 Fund Fund means the trust fund created in accordance with Article 6. Section 1.14 IRC IRC means the Internal Revenue Code of 1986, as amended from time to time. Any reference to any section of the IRC shall be deemed to include any applicable regulations and rulings pertaining to such section and also shall be deemed a reference to comparable provisions of future laws. Section 1.15 Leased Employee Leased Employee means any person (other than an employee of the recipient) who provides services to the recipient if such services are provided pursuant to an agreement between the recipient and any other person ("leasing organization"), such person has performed such services for the recipient (or for the recipient and any related persons determined in accordance with Code Section 414(n)(6)) on a substantially full-time basis for a period of one (1) year, and such services are performed under the primary direction or control of the recipient. A Leased Employee shall be treated as employed by the Employer for purposes of calculating Service even if not eligible for participation in the Plan. Section 1.16 Limitation Year Limitation Year means the twelve (12) month period commencing on July 1 and ending on June 30. 4 Section 1.17 Normal Retirement Age Normal Retirement Age means age 62as determined in Section 6.2. Section 1.18 Participant Participant means any Employee who becomes a Participant as provided in Article 2. Section 1.19 Plan Plan means the Supplemental Retirement Program for Employees of Chesterfield County Schools, formerly the Early Retirement Incentive Plan for Employees of Chesterfield County Schools, as contained herein or as duly amended. Section 1.20 Plan Administrator Plan Administrator means the administrator of the Plan provided for in Article 5. If a Plan Administrator is not so appointed, the Employer shall be deemed to be the Plan Administrator. Section 1.21 Plan Year Plan Year means each twelve (12) month period beginning on July 1 and ending on the following June 30. Section 1.232 Total and Permanent Disability or Totally and Permanently Disabled Total and Permanent Disability or Totally and Permanently Disabled means the total incapacity of a Participant due to bodily injury or physical or mental disease to such an extent as to render it impossible for him to perform his customary or other comparable duties with the Employer as determined by the Plan Administrator on the basis of competent medical advice and such other evidence as the Plan Administrator may deem sufficient in accordance with uniform principles consistently applied. Section 1.243 Trust Agreement Trust Agreement means the agreement entered into between the Employer and the Trustee pursuant to Article 4. 5 Section 1.254 Trustee Trustee means such individual, individuals or financial institution, or a combination of them as shall be designated in the Trust Agreement to hold in trust the assets of the Plan and shall include any successor Trustee to the Trustee initially designated thereunder. Section 1.265 Year of Service Year of Service means for any Employee a stated twelve (12) month period during which the Employee is credited with a year of service under the Virginia Retirement System. Cel Article 2 Eligibility and Participation Section 2.1 Eligibility for Participation Each Full -Time Regular Employee on July 1, 1995, and each person who becomes a Full -Time Regular Employee after such date and before July 1, 2013, shall become a Participant on his date of employment. Each person who becomes a Participant shall remain a Participant as long as he is entitled to future benefits under the terms of the Plan. An Employee hired or rehired with an effective date on or after July 1, 2013 is not eligible to participate in the SRP Plan. Section 2.2 Eligibility for Benefits Each Participant on July 1, 1995, and each person who becomes a Participant after such date and before July 1, 2013, shall become eligible for benefits provided hereunder provided the Participant meets the following requirements: (a) the Employee is a full-time employee of the Employer retiring from a covered position under the Virginia Retirement System; (b) effective for benefits commencing on or after August 1, 2004, the Employee retires from the Virginia Retirement System as of July 1 of a given year; (c) the Employee has attained at least the age of=€ft�593 fift -five _(55), or thea e of sixty (60) if hired after 2010, prior to completing the service described in Section 3.1(a); (d) the Employee is not eligible for disability retirement benefits under the Virginia Retirement System; (e) the Employee has completed at least ten twenty -(1020) Years of Service with the Employer, or at least fifteen (15) Years of Service but only if the Employee is 65 years of age orrg eater prior to completing the service described in Section 3 1(a) of which five (5) Years of Service must have been completed immediately prior to retirement; (f) the Employee has completed at least twenty (20) years of service as defined in the Virginia Retirement System or related e granted by the Employer; and (g) effective for benefits commencing on or after August 1, 2004, the Employee complies with the break in service requirement set forth in Section 2.5. (g)(h) effective for benefits commencing on or after July 1 2017 only One Hundred Seventy -Five (175) Participants annually shall become eligible for benefits under the Plan. For each Participant that submits a written application for benefit commencement in accordance with Section 2.3, the Plan Administrator, or its designee, shall rank the Participants that apply for benefit commencement by from oldest (highest) to youngest (lowest) and the highest -ranked 175 Participants 7 each year shall become eligible to receive benefits under the Plan In the event of a tie, the Participant who first submitted a written application for benefit commencement shall become eligible. Participants who are not eligible to commence benefits in aig ven year will be permitted to apply for benefit commencement in subsequent years. Upon meeting the requirements specified in this Section and upon the completion of the service rendered in a temporary, part-time position classification, as required under Section 3. 1, the Participant will attain "Early Retirement Age." Notwithstanding any provision of the Plan to the contrary, in no event shall any period of employment with the Employer after July 1, 2014 by a person who becomes a Participant on or after July 1, 2013 be considered Years of Service for purposes of the Plan. Section 2.3 Participation Each Participant shall be eligible for Plan benefits beginning with the date he first meets the requirements in Section 2.2. In order to commence a benefit, a Participant must submit a written application for benefit commencement to the Plan Administrator, or its designee, at least 90 days prior to the anticipated date of retirement as a Full -Time Regular Employee. Section 2.4 Status of Participant Receiving Benefits A Participant receiving benefits under the Plan shall be considered a temporary, part-time Employee and shall not be considered a Full -Time Regular Employee. Section 2.5 Break in Service Requirement As a condition of receiving benefits under the Plan, effective for benefits commencing on or after August 1, 2004, a Participant shall be required to comply with a break in service period. Such break in service shall occur immediately prior to the commencement of the temporary, part-time period of service required under Section 3.1. During such break in service period, the Participant shall not be allowed to perform any services for the Employer, including non -contractual assignments. A Participant who fails to comply with the break in service requirement shall no longer be eligible for benefits under the Plan. The break in service requirement for each employment classification is as follows: 10 -month employees Calendar month of September 11 -month employees Calendar month of August 12 -month employees Calendar month of July Article 3 Early Retirement Incentive Benefits Section 3.1 Early Retirement Incentive Benefit Upon l.,o,,,,m ing eligible for aeafly retirement ineentivecommencipg benefits €rem -under the Plan, a Participant shall provide service to the Employer in a temporary, part-time position classification, for the period specified herein below, in the same or o,,,,iv le position as when the Participant was last employed by the Employer as a Full -Time Employee, or in a position no more than two pay grades from the position in which the Employee was last emploved as a Full -Time 1) A Participant_ shall be required to fulfill all work assignments and obligations associated with the temporary, part-time assignment and work the time period required prior to the end of the fiscal year. A maximum of one day of approved leave per month during the required work period may be granted for unforeseen emergencies. Participants will not be compensated for days remaining unused at the end of the required work period. (2) Participants shall be accountable to the supervisor, building or departmental administrator in all ways applicable to active Employees. (3) A Participant shall be given no credit for days beyond those worked nor for which the Participant is ineligible. (4) Participants may not work for any other VRS covered employer during their SRP work period. (5) A Participant failing to comply with these requirements will be terminated from the SRP program. (b) The Participant shall receive a retirement benefit which shall commence as of the date the Participant commences temporary, part-time employment under the provisions of the Plan. In the event the retirement benefit results in a lower payment than the federal minimum wage rate, as published by the Employer ffem tifne to time, the Participant shall be paid at the -the federal minimum wage rate. In this event, benefit payments shall cease when the total payments after retirement equal 175% of final annual compensation. higher substittite or- temperary rate during his temper-ar-y, paA time assignment. Benefits Ull\.IV1 the e e e e (c) For a Participant whose period of service required under this Section commences after August 1, 2004, and before July 1, 2017, the amount of the monthly benefit shall equal one -twelfth (1/12) of one hundred and seventy-five percent (175%) of Final Aver -age -Annual Compensation divided by the number of years in the payout period. The minimum monthly benefit shall be fifty dollars ($50). One- half of the monthly benefit shall be paid twice a month during the period the Participant is working in a temporary, part-time position, and the monthly benefit shall be paid in twelve (12) monthly installments thereafter. The benefit shall be paid for a minimum period of five (5) years. The period of service required to receive benefits under the Plan shall be based on the Participant's employment classification and shall be as follows: 10 .�. IA.AA LA. • .. • ----------- ap • A. •PM EN M.W3 A NMI • (c) For a Participant whose period of service required under this Section commences after August 1, 2004, and before July 1, 2017, the amount of the monthly benefit shall equal one -twelfth (1/12) of one hundred and seventy-five percent (175%) of Final Aver -age -Annual Compensation divided by the number of years in the payout period. The minimum monthly benefit shall be fifty dollars ($50). One- half of the monthly benefit shall be paid twice a month during the period the Participant is working in a temporary, part-time position, and the monthly benefit shall be paid in twelve (12) monthly installments thereafter. The benefit shall be paid for a minimum period of five (5) years. The period of service required to receive benefits under the Plan shall be based on the Participant's employment classification and shall be as follows: 10 10 -MONTH EMPLOYEES—The Participant shall provide services to the Employer in a temporary, part-time position classification for all student instructional days during the school year from October through June. The Participant shall not be eligible for overtime or any non -contractual assignments or supplements during such period of service. 11 -MONTH EMPLOYEES—The Participant shall provide services to the Employer in a temporary, part-time position classification for all student instructional days during the school year, as well as any work days in September prior to the beginning of the school year. The Participant shall not be eligible for overtime or any non -contractual assignments or supplements during such period of service. 12 -MONTH EMPLOYEES—The Participant shall provide services to the Employer in a temporary, part-time classification, up to a maximum of eight (8) hours per day, for all work days from August through June. The Participant shall not be required to perform services during the Spring Break week. The Participant shall not be eligible for overtime or any non -contractual assignments or supplements during such period of service. .SUS. d) For a Participant whose period of service required under this Section commences after August 1, 2017, the amount of the monthly benefit shall equal one -twelfth (1/12) of one hundred and seventy-five percent 175%) of Final Annual Compensation divided by the number of years in the payout period One-half of the monthly benefit shall be paid twice a month during the period the Participant is working in a temporary part-time position, and the monthly benefit shall be paid in twelve (12) monthly installments thereafter. The payout period shall be a minimum period of seven (7) years unless the period is reduced in accordance with the requirements of Section 3.1(b). The period of service required to receive benefits under the Plan shall be based on the Participant's employment classification and shall be as follows: 10 -MONTH EMPLOYEES—The Participant shall provide services to the Employer in a temporary, part-time position classification for all student instructional days during the school year from October through June. The Participant shall not be eligible for overtime or any non -contractual assignments or supplements during such period of service. 11 -MONTH EMPLOYEES—The Participant shall provide services to the Employer in a temporary, part-time position classification for all student instructional days during the school year, as well as any work days in September prior to the beginning of the school year. The Participant shall not be eligible for overtime or any non -contractual assignments or supplements duringsuch period of service. 11 12 -MONTH EMPLOYEES—The Participant shall provide services to the Employer in a temporary, part-time classification, up to a maximum of eight (8) hours per day, for all work days from August through June The Participant shall not be required to perform services during the Spring Break week. The Participant shall not be eligible for overtime or any non -contractual assignments or supplements duringsuch uch period of service. Section 3.2 Disability Benefit Upon the Total and Permanent Disability of a Participant during the period of service required under Section 3. 1, such Participant shall receive payment for the period of service actually worked in .,^,.,-chane A4th Pokey 52 10, and no additional benefits shall be payable from the Plan. Section 3.3 Death Benefit Upon the death of a Participant during the period of service required under Section 3. 1, such Participant shall receive payment for the period of service actually worked in aeeer- areo wit-. Pokey and no additional benefits shall be payable from the Plan. Section 3.4 Vesting A Participant shall be fully vested upon the attainment of his Early Retirement Age as specified in Section 2.2. Prior to the completion of the period that the Participant is providing services to the Employer in a temporary, part-time position as provided hereunder, the Participant's benefit shall be paid from the general assets of the Employer. In the event the Participant does not, for any reason, complete the service required under Section 3. 1, the benefits provided hereunder shall be forfeited. Notwithstanding the preceding sentence, effective for Participants whose period of service required under Section 3.1 is performed in calendar year 2005 or later, in the event the Participant does not complete the service required due to a documented temporary medical condition, the period under which the service required may be completed shall be extended for a period ending not later than the last day of the calendar year during which the required service was to have been completed. The sufficiency of such documentation of temporary medical condition shall be determined by the Plan Administrator at the Plan Administrator's discretion but based on uniform and nondiscriminatory standards. Benefit payments made after the completion of the period that the Participant is providing services in a temporary, part-time position shall be made from the Fund. Section 3.5 Election of Payment Option No less than 180 days prior to becoming eligible for benefits provided hereunder, each eligible Employee shall be given a written notice of his eligibility to commence a benefit from the Plan. The notice shall describe, in a manner intended to be understood by the Participant, the terms and conditions of the benefits provided under the Plan which shall include a general explanation of the financial effect of the election or absence of election to participate. A Participant shall make such an election by written request to the Plan Administrator at least 90 days prior to the anticipated date of retirement as a full-time employee of the Employer or as 12 otherwise determined appropriate by the Plan Administrator. Such election shall be made on forms provided by the Plan Administrator. The Participant shall elect among the options set forth in Section 3.1 before August 1,z20043, and he shall also elect the length of the payment period. After retirement benefit payments have commenced, no future elections or revocations of an option or payout period will be permitted under any circumstances. Section 3.6 Rollover Distributions Notwithstanding any provision of the Plan to the contrary that would otherwise limit a Distributee's election under this Article, a Distributee may elect, at the time and in the manner prescribed by the Employer, to have any portion of an Eligible Rollover Distribution paid directly to an Eligible Retirement Plan specified by the Distributee in a Direct Rollover. (a) Definitions. (i) An Eligible Rollover Distribution is any distribution of all or any portion of the balance to the credit of the Distributee, except that an Eligible Rollover Distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the Distributee or the joint lives (or joint life expectancies) of the Distributee and the Distributee's designated Beneficiary, or for a specified period of ten (10) years or more; and any distribution to the extent such distribution is required under IRC Section 401(a)(9). For purposes of the preceding sentence, a portion of a distribution shall not fail to be an Eligible Rollover Distribution merely because the portion consists of after-tax employee contributions which are not includible in gross income. However, such portion may be paid only to an individual retirement account or annuity described in IRC Section 408(a) or (b), or to a qualified defined contribution plan described in Section 401(a) or 403(a) that agrees to separately account for amounts so transferred, including separately accounting for the portion of such distribution which is includible in gross income and the portion of such distribution which is not so includible. (ii) An Eligible Retirement Plan is an individual retirement account described in IRC Section 408(a), an individual retirement annuity described in IRC Section 408(b), an annuity plan described in IRC Section 403(a), a qualified trust described in IRC Section 401(a), an eligible deferred compensation plan described in IRC Section 457(b) which is maintained by an eligible employer described in IRC Section 457(e)(1)(A), or an annuity contract described in IRC Section 403(b), that accepts the Distributee's Eligible Rollover Distribution. Also, an Eligible Retirement Plan includes a Roth IRA, as defined in IRC Section 408A(b). (iii) Distributee: A Distributee means the Employee or former Employee, the Employee's or former Employee's surviving spouse and the Employee's or 13 former Employee's spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in IRC Section 414(p), with regard to the interest of the spouse or former spouse. A Distributee shall include a Beneficiary who at the time of the Employee's death was neither the spouse nor former spouse of the Employee. For such Distributee, a direct rollover is payable only to an individual retirement account or individual retirement annuity (IRA) that has been established on behalf of the Beneficiary as an inherited IRA (within the meaning of IRC Section 408(d)(3)(C)). (iv) Direct Rollover: A Direct Rollover is a payment by the Plan to the Eligible Retirement Plan specified by the Distributee. Section 3.7 Disciplinary Action During his temporary, part-time assignment, a Participant shall be required to meet satisfactory performance standards established by the Employer and shall be accountable to the supervisor, building, or departmental administrator in all ways applicable to Full -Time Regular Employees. If dismissed by the Employer during his temporary, part-time assignment, the Participant shall receive payment only for the period of service actually worked, and no additional benefits shall be payable from the Plan. Section 3.8 USERRA Notwithstanding any provision of this Plan to the contrary, effective December 12, 1994, contributions, benefits and service credit with respect to qualified military service will be provided in accordance with IRC Section 414(u). If a Participant dies while performing qualified military service, as defined under the Uniformed Services Employment and Reemployment Rights Act ("USERRA"), the Participant shall be treated as having died while an active participant in the Plan. However, the Participant will not receive accruals for the period of military leave. In the event the Employer pays differential pay, the differential pay will be included in compensation for purposes of limitations under Code Section 415. 14 Article 4 Funding Section 4.1 Contributions by the Employer The entire cost of benefits under the Plan shall be borne by the Employer. Benefits provided to Participants during the period of service required under Section 3.1 shall be provided from the general assets of the Employer; thereafter, benefits under the Plan shall be provided through the Fund. The Employer intends to will make its Contributions in such actuarially determined amounts as shall be sufficient to provide the benefits of the Plan as may be required by law, provided that the Employer has sufficient funds to meet its obligations hereunder as set forth under applicable law. Funds released through terminations of employment in a fiscal year shall be applied to r -ed ee the EW!eyer's fu4u .o Con4ib i paid into the Fund in the next fiscal year. Salary savings realized from retirements in a fiscal year shall be paid into the Fund in the next fiscal year. Additionally, the Employer shall make an annual contribution to the Fund from year-end sWlus balances above $3.0 million (after set -asides for encumbrances and planned debt service reserves). The annual contribution amount shall be equal to $2.0 million unless the year-end surplus balance is less than $5.0 million in which case the Employer shall make an annual contribution to the Fund equal to the amount of year-end surplus exceeding $3.0 million Any deviation from this contribution will be considered a Plan amendment that must be approved by the Chesterfield County Board of Supervisors. Contributions shall be made to ensure a funded ratio of 80% no later than 2027. So long as the funded ratio of at least 80% is obtained and maintained, this contribution can be discontinued. This contribution shall be reinstated, however, if the funded ratio ever falls below 80% and shall continue until the 80% funding ratio is again obtained and maintained. In addition to the provisions of this Section 4 1 if the Employer fails for any reason to make a contribution described in this section or elsewhere in this Plan, the Chesterfield County Administrator shall withhold and adjust appropriations to the Employer in a sufficient amount so that the Chesterfield County Administrator can make the contribution. Section 4.2 Trust Fund The Employer shall enter into an agreement with the Trustee whereunder the Trustee will receive, invest and administer as a trust fund all Contributions made under this Plan in accordance with the Trust Agreement. The provisions of such Trust Agreement are incorporated by reference as a part of the Plan, and the rights of all persons hereunder are subject to the terms of the Trust Agreement. The Trust Agreement specifically provides, among other things, for the investment and reinvestment of the Fund and the income thereof, management of the Fund, responsibilities and immunities of the Trustee, removal of the Trustee and appointment of a successor, accounting by the Trustee and disbursement of the Fund. Mi Article 5 Fiduciaries and Administration of the Plan Section 5.1 General Each Fiduciary who is delegated specific duties or responsibilities under the Plan or any Fiduciary who assumes such a position with the Plan shall discharge his duties solely in the interest of Participants and Beneficiaries and for the purpose of providing such benefits as stipulated herein to such Participants and Beneficiaries. In carrying out such duties and responsibilities, each Fiduciary shall act with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and familiar with such matters would use in exercising such authority or duties. A Fiduciary may serve in more than one Fiduciary capacity and may employ one or more persons to render advice with regard to his Fiduciary responsibilities. If a Fiduciary is serving as such without compensation, all expenses reasonably incurred by such Fiduciary shall be reimbursed by the Employer or, at the Employer's direction, from the Fund, provided that the Fund has sufficient funds to meet its obligations hereunder as set forth under applicable law. A Fiduciary may delegate any of his responsibilities for the operation and administration of the Plan. In limitation of this right, a Fiduciary may not delegate any responsibilities as contained herein relating to the management or control of the Fund except through the employment of an investment manager as provided in Section 5.3 and in the Trust Agreement. Section 5.2 Employer Responsibilities The Employer established and maintains the Plan for the benefit of its Employees and of necessity retains control of the operation and administration of the Plan. In accordance with specific provisions of the Plan, the Employer has, as herein indicated, delegated certain of these rights and obligations to the Trustee and Plan Administrator and these parties shall be responsible solely for these delegated rights and obligations. The Employer shall supply such full and timely information for all matters relating to the Plan as the Plan Administrator, Trustee, member of the Administrative Committee, Chesterfield County Administrator, or any actuary, investment mana eg r, or -accountant, ' , engaged on e€ the under the Plan., by the Employt may Vie -request for the effective discharge of their respective duties. Section 5.3 Trustee Although the Trustee, Tin accordance with the Trust Agreement,_ t13e. TRUstee. -has shall exelusive authority and discretion to manage and control the Fund, e ee. . .ie Employer in is sole dice -etio , m employ a4 a time and f em time to time shall retain an investment manager to direct the Trustee with respect to all or a designated pe ffien ef the assets comprising the Fund and to advise the Administrative Committee. The Employer shall also retain an actuary to review and make recommendations concerning the Plan and the actuarial assumptions governing the Plan established by the Administrative Committee and the Plan Administrator. 16 Section 5.4 Plan Administrator The Employer shall appoint a Plan Administrator to hold office during the pleasure of the Employer. No compensation shall be paid from the Fund to the Plan Administrator for service as Plan Administrator. The Plan ^ dmin '*fate" may Chesterfield Superintendent of Schools shall appoint a committee of not less than Offee (3) five 5 persons, two of whom shall be selected by the County Administrator. ,Such committee shall Abe known as the Administrative Committee and may be shall, at a minimum, have delegated such duties and discretionary authority as specified herein. No compensation shall be paid from the Fund to members of the Administrative Committee for service on such Administrative Committee. In the event an Administrative Committee is appointed, the Administrative Committee shall choose from among its members a chairman and a secretary. Any action of the Administrative Committee shall be determined by the vote of a majority of its members. Either the chairman or the secretary may execute any certificate or other written direction on behalf of the Administrative Committee. The Administrative Committee shall, at a minimum: (a) compute and certify to the Employer at least annually the sums of money necessary and the sums of money desirable to be contributed to the Fund, (b) consult with the Employer regarding the short -and -long- term liquidity needs of the Plan in order to exercise appropriate investment discretion, c) determine, in accordance with professional standards, appropriate actuarial assumptions (,including, but not limited to, investment return (interest or discounted rate) recommended by a professional actuary by reference to a) the average annual return of the fund over 10 or moreeat rs, b) peer comparison with comparable plans, and c) future investment return expectations as determined by professional investment advisor; administrative and investment expenses; annual salary growth; retirement rates; rates of withdrawal (turnover); and mortality rates using standard actuary -selected mortalityt) which will govern whether contributions are adequate and appropriate, (d) advise the Employerppropriate investment decisions and strategies to protect the sustainability of the Plan, (e) assist the Plan Administrator in reporting to the Employer and the Chesterfield County Board Supervisors, at least annually, on the financial health of the Plan which report shall make recommendations concerning necessary and advisable financial contributions to the Plan; and (fl assist the Plan Administrator in developingand nd updating, at least annually, overall funding plan for the Plan, which will be submitted at least annually to the Employer and the Chesterfield County Administrator. In accordance with the provisions hereof, the Plan Administrator has been delegated certain administrative functions relating to the Plan with the duty and discretionary authority necessary 17 to enable it properly to carry out such duties. The Plan Administrator shall have no power in any way to modify, alter, add to or subtract from, any provisions of the Plan. The Plan Administrator shall have the duty and discretionary authority to construe the Plan and to determine all questions that may arise thereunder relating to (a) the eligibility of individuals to participate in the Plan, (b) the amount of retirement benefit or other benefits to which any Participant may become entitled hereunder, and (c) any situation not specifically covered by the provisions of the Plan. All disbursements by the Trustee, except for the payment of operating expenses of the Plan and Fund at the direction of the Employer as provided in Section 8.11, shall be made upon, and in accordance with, the written directions of the Plan Administrator. When the Plan Administrator is required in the performance of its duties hereunder to administer, construe or reach a determination under any of the provisions of the Plan, it shall do so on a uniform, equitable and nondiscriminatory basis. The Plan Administrator shall establish rules and procedures to be followed by Participants in filing applications for benefits and for furnishing and verifying proofs necessary to establish age, Years of Service, Final Annual Compensation, and any other matters required in order to +h -determine their rights to benefits in accordance with the Plan. Section 5.5 Claims for Benefits All claims for benefits under the Plan shall be submitted to the Plan Administrator, which shall have the responsibility for determining the eligibility of any Participant for benefits. All claims for benefits shall be made in writing and shall set forth the facts which such Participant (the "applicant") believes to be sufficient to entitle him to the benefit claimed. The Plan Administrator may adopt forms for the submission of claims for benefits, in which case all claims for benefits shall be filed on such forms. The Plan Administrator shall provide applicants with all such forms. Upon receipt by the Plan Administrator of a claim for benefits, it shall determine all facts which are necessary to establish the right of an applicant to benefits under the provisions of the Plan and the amount thereof as herein provided. The Plan Administrator shall either approve or deny a claim and shall investigate all questionable claims. Upon request, the Plan Administrator shall afford any applicant the right of a hearing with respect to any finding of fact or determination related to any claim for benefits under the Plan. If any claim for benefits is denied, the applicant shall be notified of such decision in accordance with the provisions of Section 5.6. Section 5.6 Claims Procedures The applicant shall be notified in writing of any adverse decision with respect to his claim within ninety (90) days after its submission. The notice shall be written in a manner calculated to be understood by the applicant and shall include: (a) The specific reason or reasons for the denial; (b) Specific references to the pertinent Plan provisions on which the denial is based; 18 (c) A description of any additional material or information necessary for the applicant to perfect the claim and an explanation why such material or information is necessary; and (d) An explanation of the Plan's claim review procedures. If special circumstances require an extension of time for processing the initial claim, a written notice of the extension and the reason therefor shall be furnished to the applicant before the end of the initial ninety (90) day period. In no event shall such extension exceed ninety (90) days. If a claim for benefits is denied or the applicant has no response to such claim within ninety (90) days of its submission (in which case the claim for benefits shall be deemed denied), the applicant or his duly authorized representative, at the applicant's sole expense, may appeal the denial to the Plan Administrator within sixty (60) days of the receipt of written notice of the denial or sixty (60) days from the date such claim is deemed denied. In pursuing such appeal, the applicant or his duly authorized representative may: (e) request in writing that the Plan Administrator review the denial; (f) review pertinent documents; and (g) submit issues and comments in writing. The decision on review shall be made within sixty (60) days of receipt of the request for review, unless special circumstances require an extension of time for processing, in which case a decision shall be rendered as soon as possible but not later than one hundred twenty (120) days after receipt of the request for review. If such an extension of time is required, written notice of the extension shall be furnished to the applicant before the end of the original sixty (60) day period. The extension notice shall indicate the special circumstances requiring an extension of time and the date by which the Plan Administrator expects to render the decision on review. The decision on review shall be made in writing, shall be written in a manner calculated to be understood by the applicant, and, if the appeal is denied, shall include: (h) the specific reason or reasons for the denial; (i) specific references to the pertinent Plan provisions on which the denial is based; and (j) a statement that the applicant is entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information relevant to the applicant's claim for benefits. Section 5.7 Records/Reports All acts and determinations of the Plan Administrator shall be duly recorded, and all such records and other documents as may be necessary in exercising its duties under the Plan shall be preserved in the custody of the Plan Administrator. Such records and documents at all times shall 19 be open for inspection to, and for the purpose of making copies by, any person designated by the Employer or the Chesterfield County Administrator, to the extent permitted by law. The Plan Administrator shall provide such timely information, resulting from the application of its responsibilities under the Plan, as needed by the Trustee, actuary and accountant, if any, engaged on behalf of the Plan by the Employer for the effective discharge of their respective duties. The Plan Administrator shall submit, at least annually, to the Employer, the Chesterfield County Board of Supervisors, the Chesterfield County Administrator, and the Audit and Finance Committee, reports describing the financial health of the Plan, including the financial forecast for the Plan; contributions both which must be made and also which it would be adviseable to make to the Fund in order to achieve and sustain the Plan at a minimum funded ratio of 80%; the performance of the Plan and the Fund as compared to projections and expectations contained in the previous year's financial forecast; and any other information which should be reported in order to provide a complete description of the financial health of the Plan. Section 5.8 Missing Persons The Plan Administrator shall make a reasonable effort to locate all persons entitled to benefits under the Plan; however, notwithstanding any provision in the Plan to the contrary, if after a period of five (5) years from the date such benefit is due, any such person entitled to benefits has not been located, his rights under the Plan shall be forfeited. Before this provision becomes operative, the Plan Administrator shall send a certified letter to such person at his last known address advising him that his interest or benefits under the Plan shall be forfeited. However, if a person subsequently makes a valid claim with respect to such forfeited benefits, his right to benefits shall be reinstated. Section 5.9 Audits The Chesterfield Countv Internal Auditor shall have access to all records of the SRP upon request for such records to the Plan Administrator, in order to conduct audits of the SRP Program. 20 Article 6 Maximum Benefits and Required Distribution of Benefits Section 6.1 Maximum Retirement Benefit (a) Notwithstanding any provisions of the Plan, the maximum annual benefit to which a Participant is entitled to under the Plan shall not, in any Limitation Year, exceed the applicable limitation of IRC Section 415, as adjusted in accordance with IRC Section 415(d). Such Section 415, to the extent applicable to governmental plans within the meaning of IRC Section 414(d), is hereby incorporated by reference. (b) If the maximum annual benefit under this Plan (but for this Section) would exceed the limitations of IRC Section 415(f) (after aggregating the benefits payable under this Plan and the benefits payable under the Virginia Retirement System or any other Defined Benefit Plan maintained by the Employer), the maximum annual benefit under this Plan shall be reduced prior to the reduction of the maximum annual benefit under any other Defined Benefit Plan maintained by the Employer. (c) In the event that the annual pension otherwise payable to a Participant who has retired or terminated employment has been limited by Section 415(b) as it existed at his retirement or termination date, his annual pension shall be increased, pursuant to IRC Section 415(d)(1)(A), but only to the amount of the original benefit. (d) The Uruguay Round Agreement Act of 1994 ("GATT") which made changes to IRC Section 415(b)(2)(E) shall not be applicable for benefits accrued prior to July 1, 2000. The Employer elects Method Three of Q&A 14 of Rev. Rul. 98-1 to comply with the requirements of IRC Section 415. Section 6.2 Required Distribution of Benefits Unless the Participant otherwise elects under the provisions of the Plan, any payment of benefits to the Participant shall begin not later than sixty (60) days after the close of the Plan Year in which occurs the latest of: (a) the date on which the Participant attains his normal retirement age as determined under the Virginia Retirement System; (b) the tenth (10th) anniversary of the date the Employee becomes a Participant; and (c) the date the Participant terminates his service with the Employer. Notwithstanding anything contained herein to the contrary, the entire interest of each Participant shall begin to be distributed not later than the later of (i) April 1 of the calendar year following the calendar year in which the Participant attains age seventy and one-half (701/2) or (ii) the April 1 of the calendar year following the calendar year in which a Participant retires. 21 If, pursuant to the preceding paragraph, a Participant's benefit is delayed beyond the April 1 of the calendar year following the calendar year in which he attains age seventy and one-half (701/2), the Participant's benefit upon his retirement shall be actuarially increased. The actuarial increase shall be for the period measured from April 1 of the calendar year following the calendar year in which the Participant attained age seventy and one-half (701/2) until his benefit commencement date. The actuarial adjustment shall be determined utilizing the Actuarial Equivalent factors set forth in Appendix A. All distributions under this Plan shall be made in accordance with IRC Section 401(a)(9). Distributions shall be made in accordance with the IRC Section 401(a)(9) regulations published on April 17, 2002, and amended on June 14, 2004. Distributions may be made only over one of the following periods: (a) the life of the Participant, or the joint lives of the Participant and his designated Beneficiary, or (b) a period certain not extending beyond the life expectancy of the Participant or the joint life expectancy of the Participant and his designated Beneficiary. (d) If the distributions of a Participant's interest has begun and the Participant dies before his entire interest has been distributed to him, the remaining portion of such interest shall be distributed at least as rapidly as under the method of distribution in effect as of his date of death. (e) If the designated beneficiary (as defined in Section 1.401(a)(9)-4, Q&A -1 of the IRC Section 401(a)(9) regulations published on April 17, 2002, and amended on June 14, 2004) is the spouse of the Participant, the beneficiary may elect to commence the benefit within a reasonable period of time after the Participant's death but in no event may such election be made later than (i) the December 31 of the calendar year immediately following the calendar year in which the Participant died or (ii) the December 31 of the calendar year in which the Participant would have attained age seventy and one-half (701/2). The benefit may be paid over the life or over a period certain not extending beyond the life expectancy of the designated beneficiary. If the spouse dies before the distribution begins, then the five (5) year distribution requirement of subsection (g) of this Section shall apply as if the beneficiary were the Participant. (f) If the benefit is paid to a designated beneficiary (as defined in Section 1.401(a)(9)-4, Q&A -1 of the IRC Section 401(a)(9) regulations published on April 17, 2002, and amended on June 14, 2004), other than the Participant's spouse, the distribution shall commence no later than December 31 of the calendar year immediately following the calendar year in which the Participant died. The benefit may be paid over the life or over a period certain not extended beyond the life expectancy of the designated beneficiary. (g) If there is no designated beneficiary (as defined in Section 1.401(a)(9)-4, Q&A -1 of the IRC Section 401(a)(9) regulations published on April 17, 2002, and amended on June 14, 2004), as of the September 30 of the year following the year of the death of the Participant, distribution of the Participant's entire interest shall 22 be completed by December 31 of the calendar year containing the fifth (5th) anniversary of the Participant's death. Life expectancies shall be computed by the use of the applicable table set forth in Section 1.401(a)(9)-9 of the IRC Section 401(a)(9) regulations published on April 17, 2002. 23 Article 7 Amendment and Termination of the Plan Section 7.1 Amendment of the Plan The Employer shall have the right at any time by action of the Chesterfield County School Board and approved by action of the Chesterfield County Board of Supervisors,-_ to modify, alter or amend the Plan in whole or in part; provided, that the duties, powers and liability of the Trustee shall not be increased without its written consent; the amount of benefits which at the time of any such modification, alteration or amendment have accrued for any Participant hereunder shall not be affected adversely thereby; and no such amendment shall have the effect of causing a reversion to the Employer of any part of the principal or income of the Fund. The Employer may, by aetion of the Chester -field GeuipAy Seheel 13ear-d, auth - i more employees of the Employer- te adopt sueh amendments to the Plan as shall be neeessar-y e appropriate te maintain the Plan's status as a ta* qualified planiander- Seetion 4 0 1 (a) of the 1RG, ineluding, but not limited to, amendments eenferming the tefms of the Plan deeumei# to ehanges adopted by the Chester -field GottfAy Seheel Board to Pehey 5210. Section 7.2 Termination of the Plan The Employer expects to continue the Plan indefinitely, but continuance is not assumed as a contractual obligation, and the Employer reserves the right at any time by action of the Chesterfield County School Board and approved by action of the Chesterfield County Board of Supervisors, -_to terminate the Plan. If the Employer terminates or partially terminates the Plan, or it is otherwise terminated or partially terminated, the rights of the Participants affected thereby to benefits then accrued shall be non -forfeitable, and the Trustee shall continue to administer the Fund as instructed by the Plan Administrator in accordance with the provisions hereof. Notwithstanding the above, no Participant shall have any recourse toward the satisfaction of his benefit accrued under the Plan other than from assets of the Plan. The Plan Administrator shall allocate and administer the Fund to provide benefits for Participants on the date of termination then receiving benefits in accordance with Article 3. The allocation of that portion of the Fund computed above shall be based on the method of payment of monthly benefits or death benefits as specified in the Plan. If upon termination of its participation in the Plan, an Employer fails to pay or reimburse the Trustee, actuary, accountant or attorney for the outstanding charges or expenses incurred hereunder, the Trustee is empowered to satisfy such claims by lien upon that portion of the Fund attributable to such Employer prior to making any allocation to Participants, vested terminated Participants, retired Participants, or Totally and Permanently Disabled Participants of the Plan in accordance with this Article. The application of the Fund on the foregoing basis shall be calculated by the actuary and certified to the Trustee by the Plan Administrator as of the date on which the Plan terminated. When the calculations are completed, the interest of each Participant shall continue to be held in the Fund pursuant to the terms of this Article-VU7, or at the direction of the Plan Administrator, 24 the appropriate portion of the Fund shall be liquidated, and each of their interests shall be distributed to them in the form of annuity contracts, annuity payments or installments. Any funds remaining after the satisfaction of all liabilities to such Participants under this Plan due to erroneous actuarial computation or assumptions shall be returned to the Employer. 25 Article 8 Miscellaneous Section 8.1 Governing Law The Plan shall be construed, regulated and administered according to the laws of the Commonwealth of Virginia, except for Virginia laws governing conflict of laws and except in those areas preempted by the laws of the United States of America. Any legal action arising out of the alleged performance, non-performance or breach of this agreement shall be instituted and prosecuted in the circuit court of the County of Chesterfield, Virginia, and in no other state or federal court or agency unless required by law to be heard in another court jurisdiction. Section 8.2 Construction The headings and subheadings in the Plan have been inserted for convenience of reference only, and shall not affect the construction of the provisions hereof. In any necessary construction, the masculine shall include the feminine and the singular the plural, and vice versa. Section 8.3 No Employment Contract This Plan shall not be deemed to constitute a contract between the Employer and any Participant or to be a consideration or inducement for the employment of any Participant or employee. No Participant shall acquire any right to be retained in the Employer's employ by virtue of the Plan, nor upon his dismissal or voluntary termination of employment, shall he have any right or interest in and to the Fund other than as specifically provided herein. Except to the extent required by law, the Employer shall not be liable for the payment of any benefit provided for herein; all benefits hereunder shall be payable only from the Fund and only to the extent that the Fund is sufficient therefor. Section 8.4 Receipt Prior to Payment The Trustee, Plan Administrator, or Employer, jointly or severally, may but need not, require a written receipt as a condition precedent to any payment called for by the Plan to be made to Participants or to their heirs, successors, executors and legal representatives. Section 8.5 Payments to Incompetents In the sole judgment of the Plan Administrator, if any Participant is physically or mentally incapable of personally receiving and giving a valid receipt for any payment due him under the Plan, the Plan Administrator may make such payment or any part thereof to or for the benefit of such Participant or directly to or for the benefit of any person determined by the Plan Administrator to have incurred expense or assumed responsibility for the expenses of such Participant. Section 8.6 Non -alienability of Benefits No benefits or other amounts payable under the Plan shall be subject in any manner to anticipation, sale, transfer, assignment, pledge, encumbrance, charge or alienation. If the Plan Administrator determines that any person entitled to any payments under the Plan has become 26 insolvent or bankrupt,or has attempted to anticipate, sell, transfer, assign, pledge, encumber, charge or otherwise in any manner alienate any benefit or other amount payable to him under the Plan or that there is any danger of any levy or attachment or other court process or encumbrance on the part of any creditor of such person entitled to payments under the Plan, against any benefit or other amounts payable to such person, the Plan Administrator may, at any time, in its discretion, direct the Trustee to withhold any or all payments to such person under the Plan and apply the same for the benefit of such person in such manner and in such proportion as the Plan Administrator may deem proper. Notwithstanding anything contained herein to the contrary, with respect to a debt due by the Participant to the Employer, a Participant in pay status may assign or alienate rights to future benefit payments provided that any such assignment or alienation: (i) is voluntary and revocable, (ii) does not exceed ten percent (10%) of any benefit payment, and (iii) is neither for the purpose, nor has the effect, of defraying plan administrative costs. Section 8.7 Domestic Relations Order Notwithstanding anything contained herein to the contrary, upon the receipt by the Plan of a Domestic Relations Order, the following provisions of this Section shall become effective. (a) Determination of Qualified Domestic Relations Order—Upon receipt by the Plan of a Domestic Relations Order, the Plan Administrator shall promptly notify the Participant and any Alternate Payee of such receipt and the Plan's procedures for determining if such order is a Qualified Domestic Relations Order. In accordance with reasonable procedures established by the Plan Administrator, the Plan Administrator shall determine whether such order is a Qualified Domestic Relations Order and shall notify the Participant and Alternate Payee of such determination within a reasonable time thereafter. Notwithstanding anything contained herein to the contrary, if a benefit is being paid pursuant to a Domestic Relations Order on January 1, 1985, such order shall be considered to be a Qualified Domestic Relations Order. During the period of time in which the Plan Administrator is making the determination of whether the Domestic Relations Order is a Qualified Domestic Relations Order, the Plan Administrator shall segregate in a separate account in the Plan or in an escrow account the amounts which would have been payable to the Alternate Payee during such period if the order had been determined to be a Qualified Domestic Relations Order. In the case of any payment before a Participant has separated from service with the Employer, a Domestic Relations Order shall be a Qualified Domestic Relations Order regardless of the fact that such order requires that payment of benefits be made to an Alternate Payee 27 (i) on or after the date which the Participant attains or first would have attained his retirement date, (ii) as if the Participant had retired on the date on which such payment is to begin under such order taking into account only the present value of the benefits actually accrued and not taking into account the present value of any Employer subsidy for early retirement based on the interest rate specified in the Plan or, if no rate is specified, five percent (5%), and (iii) in any form in which such benefit may be paid under the Plan to the Participant (other than in the form of a joint and survivor annuity with respect to the Alternate Payee and his or her subsequent spouse). (b) Payment to Alternate Payee—If the Domestic Relations Order is determined to be a Qualified Domestic Relations Order within eighteen (18) months, the Plan Administrator shall pay the segregated amounts to the person or persons entitled thereto. If it is determined that the order is not a Qualified Domestic Relations Order or the issue as to whether such order is a Qualified Domestic Relations Order is not resolved within eighteen (18) months, then the Plan Administrator shall pay the segregated amount to the person who would have been entitled to such amounts as if there had been no order. Any determination that an order is a Qualified Domestic Relations Order which is made after the close of the eighteen (18) month period shall be applied prospectively only. (c) Definitions—For purposes of this Section, the following definitions shall be applicable: (i) Alternate Payee means any spouse, child or other dependent of a Participant who is recognized by a Domestic Relations Order as having a right to receive all, or a portion of, the benefits payable under a Plan with respect to such Participant. (ii) Domestic Relations Order—Any judgment, decree or order (including approval of a property settlement agreement) which (A) relates to the provisions of child support, alimony payments, or marital property rights to a spouse, child or other dependent of a Participant, and (B) is made pursuant to a state domestic relations law (including a community property law). (iii) Qualified Domestic Relations Order—A Domestic Relations Order which creates or recognizes the existence of an Alternate Payee's right to, or 28 assigns to an Alternate Payee the right to, receive all or a portion of the benefits payable with respect to a Participant under the Plan; provided that such Domestic Relations Order clearly specifies (A) the name and last known mailing address (if any) of the Participant and the name and mailing address of each Alternate Payee covered by the order, (B) the amount or percentage of the Participant's benefit to be paid by the Plan to each Alternate Payee or the manner in which such amount or percentage is to be determined, (C) the number of payments or period to which such order applies, and (D) each plan to which such order applies. A Domestic Relations Order meets the requirements of this subsection only if such order does not require the Plan (1) to provide any type or form of benefits, or any optional payment form, not otherwise provided under the Plan, (2) to provide increased benefits (determined on the basis of Actuarial Equivalent value), or (3) to make payment of benefits to an Alternate Payee which are required to be paid to another Alternate Payee under another order previously determined to be a Qualified Domestic Relations Order. (d) Establishment of Plan Procedures—For purposes of this Section, reasonable procedures shall be established under the Plan to determine the qualified status of Domestic Relations Orders and to administer distributions under Qualified Domestic Relations Orders. The procedures established by the Plan shall: (i) be set forth in writing, (ii) provide for the notification of each person specified in a Domestic Relations Order as entitled to payment of benefits under the Plan (at the address included in the Domestic Relations Order) of such procedures promptly upon receipt by the Plan of the Domestic Relations Order, and (iii) permit an Alternate Payee to designate a representative for receipt of copies of notices that are sent to the Alternate Payee with respect to a Domestic Relations Order. 29 Section 8.8 Merger of Plans If the Plan is merged or consolidated with another plan or assets or liabilities of the Plan are transferred to another plan, each then Participant shall not, as a result of such event, be entitled on the day following such merger, consolidation or transfer under the termination of Plan provisions to a lesser benefit than the benefit to which he was entitled to on the date prior to the merger, consolidation or transfer if the Plan had then terminated. Section 8.9 Mistake of Fact Notwithstanding anything herein to the contrary, there shall be returned to the Employer any Contribution which was made as follows: (a) By a mistake of fact, as determined by the Internal Revenue Service or in such other manner as the Internal Revenue Service may permit; (b) Prior to the receipt of initial qualification; provided that the Plan received an adverse determination with respect to its initial qualification, and the application for determination of initial qualification was made by the time prescribed by law for filing the Employer's tax return for the taxable year in which the Plan was adopted, or such later date as the Secretary of Treasury may prescribe; or (c) In an amount that exceeded the deductible limits on such Contribution as set forth under IRC Section 404, as determined by the Internal Revenue Service or in such other manner as the Internal Revenue Service may permit. The return of any Contribution as hereinbefore provided shall be made within one (1) year after the payment of the Contribution, denial of the initial qualification or disallowance of the deduction (to the extent disallowed), whichever is applicable. Any Contribution returned due to mistake of fact under subsection (a) of this Section or disallowance of a tax deduction under subsection (c) of this Section shall be reduced by its share of the losses and expenses of the Fund but shall not be increased by income or gains of the Fund. Any Contribution returned to the Employer due to denial of initial qualification under subsection (b) of this Section shall be equal to the entire assets of the Plan attributable to Contributions by the Employer. Section 8.10 Exclusive Benefit The Employer shall not be entitled to any part of the corpus or income of the Fund, and no part thereof shall be used for or diverted to purposes other than for the exclusive benefit of Participants hereunder except as provided in Section 8.9 and Section 8.11. Section 8.11 Expenses The operating expenses of the Plan and Fund shall be paid upon the direction of the Employer from the Fund. The determination of whether expenses may be charged against the Fund shall be made by the Employer. kro Section 8.12 Counterparts The Plan and the Trust Agreement may be executed in any number of counterparts, each of which shall constitute but one and the same instrument and may be sufficiently evidenced by anyone counterpart. 31 Adoption of the Plan Notwithstanding anything contained herein to the contrary, this Plan is amended and maintained under the condition that it shall continue to be approved and qualified by the Internal Revenue Service under IRC Section 401(a) and that the Trust hereunder shall continue to be exempt under IRC Section 501(a), or under any comparable section(s) of any future legislation which amends, supplements or supersedes such section(s). As evidence of its adoption of this amended and restated Plan, the Chesterfield County Public Schools has caused this instrument to be signed by its duly authorized officers and its corporate seal is affixed hereto this day of , 20 Attest: Chesterfield County Public Schools IC Signature Name Signature Name Title As evidence of its approval of this amended and restated Plan, the Chesterfield County Board of Supervisors has caused this instrument to be signed by its Chair this day of , 2017. Chesterfield County Board of Supervisors By: Dorothy A.Jaeckle Chair 32 interest :7.5oi 33 Supplemental Retirement Program for Employees of Chesterfield County Schools Amendment and Restatement Effective July 1, 2017 Table of Contents Article 2 Eligibility and Participation.....................................................................................6 Section 2.1 Eligibility for Participation...................................................................................6 Section 2.2 Eligibility for Benefits..........................................................................................6 Section2.3 Participation..........................................................................................................7 Section 2.4 Status of Participant Receiving Benefits...............................................................7 Section 2.5 Break in Service Requirement..............................................................................7 Article 3 Early Retirement Incentive Benefits.......................................................................8 Section 3.1 Early Retirement Incentive Benefit......................................................................8 Section 3.2 Page Introduction....................................................................................................................................1 Section 3.3 Article1 Definitions..................................................................................................................2 Section3.4 Section 1.1 Actuarial Equivalent.............................................................................................2 Election of Payment Option................................................................................10 Section1.2 Section 3.6 Beneficiary............................................................................................................2 l Section1.3 Disciplinary Action.............................................................................................12 Contributions.........................................................................................................2 Section 1.4 Defined Benefit Plan.............................................................................................2 Section 1.5 Defined Contribution Plan....................................................................................2 Section 1.6 Early Retirement Age...........................................................................................3 Section1.7 Effective Date.......................................................................................................3 Section1.8 Employee..............................................................................................................3 Section1.9 Employer...............................................................................................................3 Section1.10 Fiduciary...............................................................................................................3 Section 1.11 Final Annual Compensation.................................................................................3 Section 1.12 Full -Time Regular Employee...............................................................................4 Section1.13 Fund......................................................................................................................4 Section1.14 IRC........................................................................................................................4 Section 1.15 Leased Employee..................................................................................................4 Section 1.16 Limitation Year.....................................................................................................4 Section 1.17 Normal Retirement Age........................................................................................4 Section1.18 Participant.............................................................................................................5 Section1.19 Plan.......................................................................................................................5 Section 1.20 Plan Administrator................................................................................................5 Section1.21 Plan Year...............................................................................................................5 Section 1.22 Total and Permanent Disability or Totally and Permanently Disabled ................5 Section1.23 Trust Agreement...................................................................................................5 Section1.24 Trustee...................................................................................................................5 Section1.25 Year of Service.....................................................................................................5 Article 2 Eligibility and Participation.....................................................................................6 Section 2.1 Eligibility for Participation...................................................................................6 Section 2.2 Eligibility for Benefits..........................................................................................6 Section2.3 Participation..........................................................................................................7 Section 2.4 Status of Participant Receiving Benefits...............................................................7 Section 2.5 Break in Service Requirement..............................................................................7 Article 3 Early Retirement Incentive Benefits.......................................................................8 Section 3.1 Early Retirement Incentive Benefit......................................................................8 Section 3.2 Disability Benefit................................................................................................10 Section 3.3 Death Benefit......................................................................................................10 Section3.4 Vesting................................................................................................................10 Section 3.5 Election of Payment Option................................................................................10 Section 3.6 Rollover Distributions.........................................................................................1 l Section 3.7 Disciplinary Action.............................................................................................12 Section3.8 USERRA.............................................................................................................12 Article4 Funding....................................................................................................................13 Section 4.1 Contributions by the Employer...........................................................................13 Section4.2 Trust Fund...........................................................................................................13 Article 5 Fiduciaries and Administration of the Plan.........................................................14 Section5.1 General................................................................................................................14 Section 5.2 Employer Responsibilities..................................................................................14 Section5.3 Trustee.................................................................................................................14 Section 5.4 Plan Administrator..............................................................................................15 Section 5.5 Claims for Benefits.............................................................................................16 Section 5.6 Claims Procedures..............................................................................................16 Section 5.7 Records/Reports..................................................................................................17 Section 5.8 Missing Persons..................................................................................................18 Section5.9 Audits..................................................................................................................18 Article 6 Maximum Benefits and Required Distribution of Benefits.................................19 Section 6.1 Maximum Retirement Benefit............................................................................19 Section 6.2 Required Distribution of Benefits.......................................................................19 Article 7 Amendment and Termination of the Plan............................................................22 Section 7.1 Amendment of the Plan......................................................................................22 Section 7.2 Termination of the Plan......................................................................................22 Article8 Miscellaneous...........................................................................................................23 Section8.1 Governing Law...................................................................................................23 Section8.2 Construction........................................................................................................23 Section 8.3 No Employment Contract...................................................................................23 Section 8.4 Receipt Prior to Payment....................................................................................23 Section 8.5 Payments to Incompetents..................................................................................23 Section 8.6 Non -alienability of Benefits................................................................................23 Section 8.7 Domestic Relations Order...................................................................................24 Section 8.8 Merger of Plans...................................................................................................27 Section 8.9 Mistake of Fact...................................................................................................27 Section 8.10 Exclusive Benefit ................................................................................................27 Section8.11 Expenses.............................................................................................................27 Section8.12 Counterparts........................................................................................................28 Adoptionof the Plan....................................................................................................................29 Introduction Effective July 1, 1995, the Chesterfield County School Board adopted the Early Retirement Incentive Plan for Employees of Chesterfield County Schools for the benefit of employees eligible to participate therein. Subsequent to that date, the name of the Plan was changed to the "Supplemental Retirement Program for Employees of Chesterfield County Schools." The Plan is hereby amended and restated generally effective July 1, 2017 in order to incorporate prior amendments to the Plan and make certain other changes. The purpose of the Supplemental Retirement Plan for Employees of Chesterfield County Schools (hereinafter referred to as the "Plan") is to provide early retirement benefits for eligible employees. Benefit payments received by a Participant during the period of time the Participant is providing services to the Employer in a temporary, part-time position shall be made from the general assets of the Employer. Thereafter, benefit payments received by the Participant shall be considered made from a plan qualified under Section 401(a) of the Internal Revenue Code of 1986 ("IRC"), as amended. The Plan is a "governmental plan" under IRC Section 414(d) and Section 3(32) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"). As a "governmental plan" under ERISA, the Plan is exempt from the provisions of Title I of ERISA. It is intended that this Plan, together with the Trust Agreement established to carry out the funding of the Plan, provided that the Employer has sufficient funds to meet its obligations hereunder as set forth under applicable law, meet all applicable requirements of the IRC and, wherever possible, the Plan shall be interpreted to comply with the terms of the IRC and all formal regulations and rulings issued under the IRC. Article 1 Definitions As used herein and in the concomitant Trust Agreement, unless otherwise required by the context, the following words and phrases shall have the following meanings: Section 1.1 Actuarial Equivalent Actuarial Equivalent means a benefit of equivalent value when computed on the basis of the factors determined by the Administrative Committee. Section 1.2 Beneficiary Beneficiary means any person designated by a Participant or otherwise entitled to receive such benefits as may become payable under the provisions of the Plan after the death of such Participant. The designation of a Beneficiary shall be made on forms provided by the Plan Administrator, and such forms shall be maintained in files held by the Plan Administrator. From time to time, a Participant may change his Beneficiary by written notice to the Plan Administrator. Upon such change, the rights of all previously designated Beneficiaries to receive any benefits under the Plan shall cease. If there is no valid and current Beneficiary designation on file with the Plan Administrator at the date of death of the Participant, any death benefits which would have been payable to the Beneficiary shall be payable to the Participant's spouse, if any; if none, equally to the Participant's surviving children, if any; or if none, then to the Participant's estate. Subject to applicable law, the interpretation of the Plan Administrator with respect to any Beneficiary designation shall be binding and conclusive upon all parties, and no person who claims to be a Beneficiary, or any other person, shall have any right to question any action of the Plan Administrator, which in the judgment of the Plan Administrator fulfills the intent of the Participant who filed such designation. Section 1.3 Contributions Contributions means the payments as provided herein by the Employer to the Fund. Section 1.4 Defined Benefit Plan Defined Benefit Plan means a plan established and qualified under IRC Section 401 or 403, except to the extent it is, or is treated as, a Defined Contribution Plan. Section 1.5 Defined Contribution Plan Defined Contribution Plan means a plan established and qualified under IRC Section 401 or 403 which provides for an individual account for each Participant therein and for benefits based solely on the amount contributed to each Participant's account and any income and expenses or gains or losses (both realized and unrealized) which may be allocated to such accounts. 2 Section 1.6 Early Retirement Age Early Retirement Age means the date a Participant shall become eligible for benefits under this Plan as described in Section 2.2. Section 1.7 Effective Date Effective Date means July 1, 1995, or such later date as of which an Employer adopts the Plan for its Employees. The Effective Date of this amended and restated Plan is July 1, 2017. Section 1.8 Employee Employee means any person who is employed by the Employer on a full-time basis under the terms of an annual employment contract or notification of assignment, except any person considered a Leased Employee within the definition of IRC Section 414(n). Section 1.9 Employer Employer means the Chesterfield County Public Schools or any successor to such entity. Section 1.10 Fiduciary Fiduciary means the Employer, Trustee, Plan Administrator and any individual, corporation, firm or other entity which assumes in accordance with Article 5 responsibilities of the Employer, Trustee or Plan Administrator respecting management of the Plan or the disposition of its assets. Section 1.11 Final Annual Compensation Final Annual Compensation means, for any Employee, the annual rate of contract compensation in effect at the commencement of retirement paid by the Employer including: (a) any portion of said Employee's base pay which would be due and payable had he not signed a salary reduction agreement in order to participate in a tax sheltered annuity program pursuant to IRC Section 403(b); (b) any amount which said Employee could have elected to receive as cash in the current year as taxable income in lieu of a non-taxable benefit under a plan which is maintained pursuant to IRC Section 125; and (c) effective on or after January 1, 2010, any amount paid to said Employee as differential wage payments (as defined in IRC Section 414(u)(12)(D)) during a period of qualified military service (as defined in IRC Section 414(u)(5)). Compensation shall exclude any contributions by the Employer to this or any other employee benefit program, other than the amount(s) specifically stated herein. In no event shall compensation as hereinbefore determined exceed the dollar limitation or such adjusted amount as may be determined by the Secretary of Treasury pursuant to IRC Section 401(a)(17) from time to time, provided that the adjustment determined as of any January 1 of a 3 calendar year by the Secretary of Treasury shall be effective for Plan Years beginning in such calendar year. The change in the dollar limitation under IRC Section 401(a)(17) required by the Omnibus Budget Reconciliation Act of 1993 shall have no force and effect, and any required adjustment to the limitation shall not be considered an amendment to this Plan, until July 1, 1996. For an Employee who begins receiving benefits under the Plan on or after July 1, 2017, the term Final Annual Compensation shall not exceed $95,000.00 for the purpose of calculating such benefits in accordance with Section 3.1. Section 1.12 Full -Time Regular Employee Full -Time Regular Employee means any Employee hired to work the normal, full-time thirty (30) to forty (40) hour workweek on a regular basis. Section 1.13 Fund Fund means the trust fund created in accordance with Article 6. Section 1.14 IRC IRC means the Internal Revenue Code of 1986, as amended from time to time. Any reference to any section of the IRC shall be deemed to include any applicable regulations and rulings pertaining to such section and also shall be deemed a reference to comparable provisions of future laws. Section 1.15 Leased Employee Leased Employee means any person (other than an employee of the recipient) who provides services to the recipient if such services are provided pursuant to an agreement between the recipient and any other person ("leasing organization"), such person has performed such services for the recipient (or for the recipient and any related persons determined in accordance with Code Section 414(n)(6)) on a substantially full-time basis for a period of one (1) year, and such services are performed under the primary direction or control of the recipient. A Leased Employee shall be treated as employed by the Employer for purposes of calculating Service even if not eligible for participation in the Plan. Section 1.16 Limitation Year Limitation Year means the twelve (12) month period commencing on July 1 and ending on June 30. Section 1.17 Normal Retirement Age Normal Retirement Age as determined in Section 6.2. H Section 1.18 Participant Participant means any Employee who becomes a Participant as provided in Article 2. Section 1.19 Plan Plan means the Supplemental Retirement Program for Employees of Chesterfield County Schools, formerly the Early Retirement Incentive Plan for Employees of Chesterfield County Schools, as contained herein or as duly amended. Section 1.20 Plan Administrator Plan Administrator means the administrator of the Plan provided for in Article 5. If a Plan Administrator is not so appointed, the Employer shall be deemed to be the Plan Administrator. Section 1.21 Plan Year Plan Year means each twelve (12) month period beginning on July 1 and ending on the following June 30. Section 1.22 Total and Permanent Disability or Totally and Permanently Disabled Total and Permanent Disability or Totally and Permanently Disabled means the total incapacity of a Participant due to bodily injury or physical or mental disease to such an extent as to render it impossible for him to perform his customary or other comparable duties with the Employer as determined by the Plan Administrator on the basis of competent medical advice and such other evidence as the Plan Administrator may deem sufficient in accordance with uniform principles consistently applied. Section 1.23 Trust Agreement Trust Agreement means the agreement entered into between the Employer and the Trustee pursuant to Article 4. Section 1.24 Trustee Trustee means such individual, individuals or financial institution, or a combination of them as shall be designated in the Trust Agreement to hold in trust the assets of the Plan and shall include any successor Trustee to the Trustee initially designated thereunder. Section 1.25 Year of Service Year of Service means for any Employee a stated twelve (12) month period during which the Employee is credited with a year of service under the Virginia Retirement System. Article 2 Eligibility and Participation Section 2.1 Eligibility for Participation Each Full -Time Regular Employee on July 1, 1995, and each person who becomes a Full -Time Regular Employee after such date and before July 1, 2013, shall become a Participant on his date of employment. Each person who becomes a Participant shall remain a Participant as long as he is entitled to future benefits under the terms of the Plan. An Employee hired or rehired with an effective date on or after July 1, 2013 is not eligible to participate in the SRP Plan. Section 2.2 Eligibility for Benefits Each Participant on July 1, 1995, and each person who becomes a Participant after such date and before July 1, 2013, shall become eligible for benefits provided hereunder provided the Participant meets the following requirements: (a) the Employee is a full-time employee of the Employer retiring from a covered position under the Virginia Retirement System; (b) effective for benefits commencing on or after August 1, 2004, the Employee retires from the Virginia Retirement System as of July 1 of a given year; (c) the Employee has attained at least the age of fifty-five (55), or the age of sixty (60) if hired after 2010, prior to completing the service described in Section 3.1(a); (d) the Employee is not eligible for disability retirement benefits under the Virginia Retirement System; (e) the Employee has completed at least twenty (20) Years of Service with the Employer, or at least fifteen (15) Years of Service but only if the Employee is 65 years of age or greater prior to completing the service described in Section 3.1(a), of which five (5) Years of Service must have been completed immediately prior to retirement; (f) the Employee has completed at least twenty (20) years of service as defined in the Virginia Retirement System; and (g) effective for benefits commencing on or after August 1, 2004, the Employee complies with the break in service requirement set forth in Section 2.5. (h) effective for benefits commencing on or after July 1, 2017, only One Hundred Seventy -Five (175) Participants annually shall become eligible for benefits under the Plan. For each Participant that submits a written application for benefit commencement in accordance with Section 2.3, the Plan Administrator, or its designee, shall rank the Participants that apply for benefit commencement by age from oldest (highest) to youngest (lowest) and the highest -ranked 175 Participants each year shall become eligible to receive benefits under the Plan. In the event of D a tie, the Participant who first submitted a written application for benefit commencement shall become eligible. Participants who are not eligible to commence benefits in a given year will be permitted to apply for benefit commencement in subsequent years. Upon meeting the requirements specified in this Section and upon the completion of the service rendered in a temporary, part-time position classification, as required under Section 3. 1, the Participant will attain "Early Retirement Age." Notwithstanding any provision of the Plan to the contrary, in no event shall any period of employment with the Employer after July 1, 2014 by a person who becomes a Participant on or after July 1, 2013 be considered Years of Service for purposes of the Plan. Section 2.3 Participation Each Participant shall be eligible for Plan benefits beginning with the date he first meets the requirements in Section 2.2. In order to commence a benefit, a Participant must submit a written application for benefit commencement to the Plan Administrator, or its designee, at least 90 days prior to the anticipated date of retirement as a Full -Time Regular Employee. Section 2.4 Status of Participant Receiving Benefits A Participant receiving benefits under the Plan shall be considered a temporary, part-time Employee and shall not be considered a Full -Time Regular Employee. Section 2.5 Break in Service Requirement As a condition of receiving benefits under the Plan, effective for benefits commencing on or after August 1, 2004, a Participant shall be required to comply with a break in service period. Such break in service shall occur immediately prior to the commencement of the temporary, part-time period of service required under Section 3.1. During such break in service period, the Participant shall not be allowed to perform any services for the Employer, including non -contractual assignments. A Participant who fails to comply with the break in service requirement shall no longer be eligible for benefits under the Plan. The break in service requirement for each employment classification is as follows: 10 -month employees Calendar month of September 11 -month employees Calendar month of August 12 -month employees Calendar month of July 7 Article 3 Early Retirement Incentive Benefits Section 3.1 Early Retirement Incentive Benefit (a) Upon commencing benefits under the Plan, a Participant shall provide service to the Employer in a temporary, part-time position classification, for the period specified herein below, in the same position as when the Participant was last employed by the Employer as a Full -Time Employee, or in a position no more than two pay grades from the position in which the Employee was last employed as a Full -Time Employee. (1) A Participant shall be required to fulfill all work assignments and obligations associated with the temporary, part-time assignment and work the time period required prior to the end of the fiscal year. A maximum of one day of approved leave per month during the required work period may be granted for unforeseen emergencies. Participants will not be compensated for days remaining unused at the end of the required work period. (2) Participants shall be accountable to the supervisor, building or departmental administrator in all ways applicable to active Employees. (3) A Participant shall be given no credit for days beyond those worked nor for which the Participant is ineligible. (4) Participants may not work for any other VRS covered employer during their SRP work period. (5) A Participant failing to comply with these requirements will be terminated from the SRP program. (b) The Participant shall receive a retirement benefit which shall commence as of the date the Participant commences temporary, part-time employment under the provisions of the Plan. In the event the retirement benefit results in a lower payment than the federal minimum wage rate, the Participant shall be paid at the federal minimum wage rate. In this event, benefit payments shall cease when the total payments after retirement equal 175% of final annual compensation. (c) For a Participant whose period of service required under this Section commences after August 1, 2004, and before July 1, 2017, the amount of the monthly benefit shall equal one -twelfth (1/12) of one hundred and seventy-five percent (175%) of Final Annual Compensation divided by the number of years in the payout period. The minimum monthly benefit shall be fifty dollars ($50). One-half of the monthly benefit shall be paid twice a month during the period the Participant is working in a temporary, part-time position, and the monthly benefit shall be paid in twelve (12) monthly installments thereafter. The benefit shall be paid for a 8 minimum period of five (5) years. The period of service required to receive benefits under the Plan shall be based on the Participant's employment classification and shall be as follows: 10 -MONTH EMPLOYEES—The Participant shall provide services to the Employer in a temporary, part-time position classification for all student instructional days during the school year from October through June. The Participant shall not be eligible for overtime or any non -contractual assignments or supplements during such period of service. 11 -MONTH EMPLOYEES—The Participant shall provide services to the Employer in a temporary, part-time position classification for all student instructional days during the school year, as well as any work days in September prior to the beginning of the school year. The Participant shall not be eligible for overtime or any non -contractual assignments or supplements during such period of service. 12 -MONTH EMPLOYEES—The Participant shall provide services to the Employer in a temporary, part-time classification, up to a maximum of eight (8) hours per day, for all work days from August through June. The Participant shall not be required to perform services during the Spring Break week. The Participant shall not be eligible for overtime or any non -contractual assignments or supplements during such period of service. (d) For a Participant whose period of service required under this Section commences after August 1, 2017, the amount of the monthly benefit shall equal one -twelfth (1/12) of one hundred and seventy-five percent (175%) of Final Annual Compensation divided by the number of years in the payout period. One-half of the monthly benefit shall be paid twice a month during the period the Participant is working in a temporary, part-time position, and the monthly benefit shall be paid in twelve (12) monthly installments thereafter. The payout period shall be a minimum period of seven (7) years unless the period is reduced in accordance with the requirements of Section 3.1(b). The period of service required to receive benefits under the Plan shall be based on the Participant's employment classification and shall be as follows: 10 -MONTH EMPLOYEES—The Participant shall provide services to the Employer in a temporary, part-time position classification for all student instructional days during the school year from October through June. The Participant shall not be eligible for overtime or any non -contractual assignments or supplements during such period of service. 11 -MONTH EMPLOYEES—The Participant shall provide services to the Employer in a temporary, part-time position classification for all student instructional days during the school year, as well as any work days in September prior to the beginning of the school year. The Participant shall not be eligible for overtime or any non -contractual assignments or supplements during such period of service. 12 -MONTH EMPLOYEES—The Participant shall provide services to the Employer in a temporary, part-time classification, up to a maximum of eight (8) hours per day, for all work days from August through June. The Participant shall not be required to perform services during the Spring Break week. The Participant shall not be eligible for overtime or any non -contractual assignments or supplements during such period of service. Section 3.2 Disability Benefit Upon the Total and Permanent Disability of a Participant during the period of service required under Section 3. 1, such Participant shall receive payment for the period of service actually worked and no additional benefits shall be payable from the Plan. Section 3.3 Death Benefit Upon the death of a Participant during the period of service required under Section 3. 1, such Participant shall receive payment for the period of service actually worked and no additional benefits shall be payable from the Plan. Section 3.4 Vesting A Participant shall be fully vested upon the attainment of his Early Retirement Age as specified in Section 2.2. Prior to the completion of the period that the Participant is providing services to the Employer in a temporary, part-time position as provided hereunder, the Participant's benefit shall be paid from the general assets of the Employer. In the event the Participant does not, for any reason, complete the service required under Section 3. 1, the benefits provided hereunder shall be forfeited. Notwithstanding the preceding sentence, effective for Participants whose period of service required under Section 3.1 is performed in calendar year 2005 or later, in the event the Participant does not complete the service required due to a documented temporary medical condition, the period under which the service required may be completed shall be extended for a period ending not later than the last day of the calendar year during which the required service was to have been completed. The sufficiency of such documentation of temporary medical condition shall be determined by the Plan Administrator at the Plan Administrator's discretion but based on uniform and nondiscriminatory standards. Benefit payments made after the completion of the period that the Participant is providing services in a temporary, part-time position shall be made from the Fund. Section 3.5 Election of Payment Option No less than 180 days prior to becoming eligible for benefits provided hereunder, each eligible Employee shall be given a written notice of his eligibility to commence a benefit from the Plan. The notice shall describe, in a manner intended to be understood by the Participant, the terms and conditions of the benefits provided under the Plan which shall include a general explanation of the financial effect of the election or absence of election to participate. A Participant shall make such an election by written request to the Plan Administrator at least 90 days prior to the anticipated date of retirement as a full-time employee of the Employer or as otherwise determined appropriate by the Plan Administrator. Such election shall be made on forms provided by the Plan Administrator. The Participant shall elect among the options set forth in Section 3. 1, and he shall also elect the length of the payment period. After retirement benefit payments have commenced, no future elections or revocations of an option or payout period will be permitted under any circumstances. Section 3.6 Rollover Distributions Notwithstanding any provision of the Plan to the contrary that would otherwise limit a Distributee's election under this Article, a Distributee may elect, at the time and in the manner prescribed by the Employer, to have any portion of an Eligible Rollover Distribution paid directly to an Eligible Retirement Plan specified by the Distributee in a Direct Rollover. (a) Definitions. (i) An Eligible Rollover Distribution is any distribution of all or any portion of the balance to the credit of the Distributee, except that an Eligible Rollover Distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the Distributee or the joint lives (or joint life expectancies) of the Distributee and the Distributee's designated Beneficiary, or for a specified period of ten (10) years or more; and any distribution to the extent such distribution is required under IRC Section 401(a)(9). For purposes of the preceding sentence, a portion of a distribution shall not fail to be an Eligible Rollover Distribution merely because the portion consists of after-tax employee contributions which are not includible in gross income. However, such portion may be paid only to an individual retirement account or annuity described in IRC Section 408(a) or (b), or to a qualified defined contribution plan described in Section 401(a) or 403(a) that agrees to separately account for amounts so transferred, including separately accounting for the portion of such distribution which is includible in gross income and the portion of such distribution which is not so includible. (ii) An Eligible Retirement Plan is an individual retirement account described in IRC Section 408(a), an individual retirement annuity described in IRC Section 408(b), an annuity plan described in IRC Section 403(a), a qualified trust described in IRC Section 401(a), an eligible deferred compensation plan described in IRC Section 457(b) which is maintained by an eligible employer described in IRC Section 457(e)(1)(A), or an annuity contract described in IRC Section 403(b), that accepts the Distributee's Eligible Rollover Distribution. Also, an Eligible Retirement Plan includes a Roth IRA, as defined in IRC Section 408A(b). 11 (iii) Distributee: A Distributee means the Employee or former Employee, the Employee's or former Employee's surviving spouse and the Employee's or former Employee's spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in IRC Section 414(p), with regard to the interest of the spouse or former spouse. A Distributee shall include a Beneficiary who at the time of the Employee's death was neither the spouse nor former spouse of the Employee. For such Distributee, a direct rollover is payable only to an individual retirement account or individual retirement annuity (IRA) that has been established on behalf of the Beneficiary as an inherited IRA (within the meaning of IRC Section 408(d)(3)(C)). (iv) Direct Rollover: A Direct Rollover is a payment by the Plan to the Eligible Retirement Plan specified by the Distributee. Section 3.7 Disciplinary Action During his temporary, part-time assignment, a Participant shall be required to meet satisfactory performance standards established by the Employer and shall be accountable to the supervisor, building, or departmental administrator in all ways applicable to Full -Time Regular Employees. If dismissed by the Employer during his temporary, part-time assignment, the Participant shall receive payment only for the period of service actually worked, and no additional benefits shall be payable from the Plan. Section 3.8 USERRA Notwithstanding any provision of this Plan to the contrary, effective December 12, 1994, contributions, benefits and service credit with respect to qualified military service will be provided in accordance with IRC Section 414(u). If a Participant dies while performing qualified military service, as defined under the Uniformed Services Employment and Reemployment Rights Act ("USERRA"), the Participant shall be treated as having died while an active participant in the Plan. However, the Participant will not receive accruals for the period of military leave. In the event the Employer pays differential pay, the differential pay will be included in compensation for purposes of limitations under Code Section 415. 12 Article 4 Funding Section 4.1 Contributions by the Employer The entire cost of benefits under the Plan shall be borne by the Employer. Benefits provided to Participants during the period of service required under Section 3.1 shall be provided from the general assets of the Employer; thereafter, benefits under the Plan shall be provided through the Fund. The Employer will make its Contributions in such actuarially determined amounts as shall be sufficient to provide the benefits of the Plan as may be required by law, provided that the Employer has sufficient funds to meet its obligations hereunder as set forth under applicable law. Funds released through terminations of employment in a fiscal year shall be paid into the Fund in the next fiscal year. Salary savings realized from retirements in a fiscal year shall be paid into the Fund in the next fiscal year. Additionally, the Employer shall make an annual contribution to the Fund from year-end surplus balances above $3.0 million (after set -asides for encumbrances and planned debt service reserves). The annual contribution amount shall be equal to $2.0 million unless the year-end surplus balance is less than $5.0 million in which case the Employer shall make an annual contribution to the Fund equal to the amount of year-end surplus exceeding $3.0 million. Any deviation from this contribution will be considered a Plan amendment that must be approved by the Chesterfield County Board of Supervisors. Contributions shall be made to ensure a funded ratio of 80% no later than 2027. So long as the funded ratio of at least 80% is obtained and maintained, this contribution can be discontinued. This contribution shall be reinstated, however, if the funded ratio ever falls below 80% and shall continue until the 80% funding ratio is again obtained and maintained. In addition to the provisions of this Section 4. 1, if the Employer fails for any reason to make a contribution described in this section, or elsewhere in this Plan, the Chesterfield County Administrator shall withhold and adjust appropriations to the Employer in a sufficient amount so that the Chesterfield County Administrator can make the contribution. Section 4.2 Trust Fund The Employer shall enter into an agreement with the Trustee whereunder the Trustee will receive, invest and administer as a trust fund all Contributions made under this Plan in accordance with the Trust Agreement. The provisions of such Trust Agreement are incorporated by reference as a part of the Plan, and the rights of all persons hereunder are subject to the terms of the Trust Agreement. The Trust Agreement specifically provides, among other things, for the investment and reinvestment of the Fund and the income thereof, management of the Fund, responsibilities and immunities of the Trustee, removal of the Trustee and appointment of a successor, accounting by the Trustee and disbursement of the Fund. 13 Article 5 Fiduciaries and Administration of the Plan Section 5.1 General Each Fiduciary who is delegated specific duties or responsibilities under the Plan or any Fiduciary who assumes such a position with the Plan shall discharge his duties solely in the interest of Participants and Beneficiaries and for the purpose of providing such benefits as stipulated herein to such Participants and Beneficiaries. In carrying out such duties and responsibilities, each Fiduciary shall act with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and familiar with such matters would use in exercising such authority or duties. A Fiduciary may serve in more than one Fiduciary capacity and may employ one or more persons to render advice with regard to his Fiduciary responsibilities. If a Fiduciary is serving as such without compensation, all expenses reasonably incurred by such Fiduciary shall be reimbursed by the Employer or, at the Employer's direction, from the Fund, provided that the Fund has sufficient funds to meet its obligations hereunder as set forth under applicable law. A Fiduciary may delegate any of his responsibilities for the operation and administration of the Plan. In limitation of this right, a Fiduciary may not delegate any responsibilities as contained herein relating to the management or control of the Fund except through the employment of an investment manager as provided in Section 5.3 and in the Trust Agreement. Section 5.2 Employer Responsibilities The Employer established and maintains the Plan for the benefit of its Employees and of necessity retains control of the operation and administration of the Plan. In accordance with specific provisions of the Plan, the Employer has, as herein indicated, delegated certain of these rights and obligations to the Trustee and Plan Administrator and these parties shall be responsible solely for these delegated rights and obligations. The Employer shall supply such full and timely information for all matters relating to the Plan as the Plan Administrator, Trustee, member of the Administrative Committee, Chesterfield County Administrator, or any actuary, investment manager, or accountant engaged under the Plan, may request for the effective discharge of their respective duties. Section 5.3 Trustee Although the Trustee, in accordance with the Trust Agreement, has authority and discretion to manage and control the Fund, the Employer shall retain an investment manager to direct the Trustee with respect to the assets comprising the Fund and to advise the Administrative Committee. The Employer shall also retain an actuary to review and make recommendations concerning the Plan and the actuarial assumptions governing the Plan established by the Administrative Committee and the Plan Administrator. 14 Section 5.4 Plan Administrator The Employer shall appoint a Plan Administrator to hold office during the pleasure of the Employer. No compensation shall be paid from the Fund to the Plan Administrator for service as Plan Administrator. The Chesterfield Superintendent of Schools shall appoint a committee of six (6) persons, three of whom shall be selected by the County Administrator with one of the three being a citizen with investment or banking experience. Such committee shall be known as the Administrative Committee and shall, at a minimum, have delegated such duties and discretionary authority as specified herein. No compensation shall be paid from the Fund to members of the Administrative Committee for service on such Administrative Committee. In the event an Administrative Committee is appointed, the Administrative Committee shall choose from among its members a chairman and a secretary. Any action of the Administrative Committee shall be determined by the vote of a majority of its members. Either the chairman or the secretary may execute any certificate or other written direction on behalf of the Administrative Committee. The Administrative Committee shall, at a minimum: (a) compute and certify to the Employer at least annually the sums of money necessary and the sums of money desirable to be contributed to the Fund, (b) consult with the Employer regarding the short -and -long- term liquidity needs of the Plan in order to exercise appropriate investment discretion, (c) determine, in accordance with professional standards, appropriate actuarial assumptions (including, but not limited to, investment return (interest or discounted rate) recommended by a professional actuary by reference to i) the average annual return of the fund over 10 or more years, ii) peer comparison with comparable plans, and iii) future investment return expectations as determined by a professional investment advisor; administrative and investment expenses; annual salary growth; retirement rates; rates of withdrawal (turnover); and mortality rates using standard actuary -selected mortality tables) which will govern whether contributions are adequate and appropriate, (d) advise the Employer on appropriate investment decisions and strategies to protect the sustainability of the Plan, (e) assist the Plan Administrator in reporting to the Employer and the Chesterfield County Board Supervisors, at least annually, on the financial health of the Plan which report shall make recommendations concerning necessary and advisable financial contributions to the Plan; and (f) assist the Plan Administrator in developing and updating, at least annually, an overall funding plan for the Plan, which will be submitted at least annually to the Employer and the Chesterfield County Administrator. In accordance with the provisions hereof, the Plan Administrator has been delegated certain administrative functions relating to the Plan with the duty and discretionary authority necessary to enable it properly to carry out such duties. The Plan Administrator shall have no power in any way to modify, alter, add to or subtract from, any provisions of the Plan. The Plan Administrator 15 shall have the duty and discretionary authority to construe the Plan and to determine all questions that may arise thereunder relating to (a) the eligibility of individuals to participate in the Plan, (b) the amount of retirement benefit or other benefits to which any Participant may become entitled hereunder, and (c) any situation not specifically covered by the provisions of the Plan. All disbursements by the Trustee, except for the payment of operating expenses of the Plan and Fund at the direction of the Employer as provided in Section 8.11, shall be made upon, and in accordance with, the written directions of the Plan Administrator. When the Plan Administrator is required in the performance of its duties hereunder to administer, construe or reach a determination under any of the provisions of the Plan, it shall do so on a uniform, equitable and nondiscriminatory basis. The Plan Administrator shall establish rules and procedures to be followed by Participants in filing applications for benefits and for furnishing and verifying proofs necessary to establish age, Years of Service, Final Annual Compensation, and any other matters required in order to determine their rights to benefits in accordance with the Plan. Section 5.5 Claims for Benefits All claims for benefits under the Plan shall be submitted to the Plan Administrator, which shall have the responsibility for determining the eligibility of any Participant for benefits. All claims for benefits shall be made in writing and shall set forth the facts which such Participant (the "applicant") believes to be sufficient to entitle him to the benefit claimed. The Plan Administrator may adopt forms for the submission of claims for benefits, in which case all claims for benefits shall be filed on such forms. The Plan Administrator shall provide applicants with all such forms. Upon receipt by the Plan Administrator of a claim for benefits, it shall determine all facts which are necessary to establish the right of an applicant to benefits under the provisions of the Plan and the amount thereof as herein provided. The Plan Administrator shall either approve or deny a claim and shall investigate all questionable claims. Upon request, the Plan Administrator shall afford any applicant the right of a hearing with respect to any finding of fact or determination related to any claim for benefits under the Plan. If any claim for benefits is denied, the applicant shall be notified of such decision in accordance with the provisions of Section 5.6. Section 5.6 Claims Procedures The applicant shall be notified in writing of any adverse decision with respect to his claim within ninety (90) days after its submission. The notice shall be written in a manner calculated to be understood by the applicant and shall include: (a) The specific reason or reasons for the denial; (b) Specific references to the pertinent Plan provisions on which the denial is based; (c) A description of any additional material or information necessary for the applicant to perfect the claim and an explanation why such material or information is necessary; and 16 (d) An explanation of the Plan's claim review procedures. If special circumstances require an extension of time for processing the initial claim, a written notice of the extension and the reason therefor shall be furnished to the applicant before the end of the initial ninety (90) day period. In no event shall such extension exceed ninety (90) days. If a claim for benefits is denied or the applicant has no response to such claim within ninety (90) days of its submission (in which case the claim for benefits shall be deemed denied), the applicant or his duly authorized representative, at the applicant's sole expense, may appeal the denial to the Plan Administrator within sixty (60) days of the receipt of written notice of the denial or sixty (60) days from the date such claim is deemed denied. In pursuing such appeal, the applicant or his duly authorized representative may: (e) request in writing that the Plan Administrator review the denial; (f) review pertinent documents; and (g) submit issues and comments in writing. The decision on review shall be made within sixty (60) days of receipt of the request for review, unless special circumstances require an extension of time for processing, in which case a decision shall be rendered as soon as possible but not later than one hundred twenty (120) days after receipt of the request for review. If such an extension of time is required, written notice of the extension shall be furnished to the applicant before the end of the original sixty (60) day period. The extension notice shall indicate the special circumstances requiring an extension of time and the date by which the Plan Administrator expects to render the decision on review. The decision on review shall be made in writing, shall be written in a manner calculated to be understood by the applicant, and, if the appeal is denied, shall include: (h) the specific reason or reasons for the denial; (i) specific references to the pertinent Plan provisions on which the denial is based; and (j) a statement that the applicant is entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information relevant to the applicant's claim for benefits. Section 5.7 Records/Reports All acts and determinations of the Plan Administrator shall be duly recorded, and all such records and other documents as may be necessary in exercising its duties under the Plan shall be preserved in the custody of the Plan Administrator. Such records and documents at all times shall be open for inspection to, and for the purpose of making copies by, any person designated by the Employer or the Chesterfield County Administrator, to the extent permitted by law. The Plan Administrator shall provide such timely information, resulting from the application of its 17 responsibilities under the Plan, as needed by the Trustee, actuary and accountant, if any, engaged on behalf of the Plan by the Employer for the effective discharge of their respective duties. The Plan Administrator shall submit, at least annually, to the Employer, the Chesterfield County Board of Supervisors, the Chesterfield County Administrator, and the Audit and Finance Committee, reports describing the financial health of the Plan, including the financial forecast for the Plan; contributions both which must be made and also which it would be advisable to make to the Fund in order to achieve and sustain the Plan at a minimum funded ratio of 80%; the performance of the Plan and the Fund as compared to projections and expectations contained in the previous year's financial forecast; and any other information which should be reported in order to provide a complete description of the financial health of the Plan. Section 5.8 Missing Persons The Plan Administrator shall make a reasonable effort to locate all persons entitled to benefits under the Plan; however, notwithstanding any provision in the Plan to the contrary, if after a period of five (5) years from the date such benefit is due, any such person entitled to benefits has not been located, his rights under the Plan shall be forfeited. Before this provision becomes operative, the Plan Administrator shall send a certified letter to such person at his last known address advising him that his interest or benefits under the Plan shall be forfeited. However, if a person subsequently makes a valid claim with respect to such forfeited benefits, his right to benefits shall be reinstated. Section 5.9 Audits The Chesterfield County Internal Auditor shall have access to all records of the SRP Program, upon request for such records to the Plan Administrator, in order to conduct audits of the SRP Program. 18 Article 6 Maximum Benefits and Required Distribution of Benefits Section 6.1 Maximum Retirement Benefit (a) Notwithstanding any provisions of the Plan, the maximum annual benefit to which a Participant is entitled to under the Plan shall not, in any Limitation Year, exceed the applicable limitation of IRC Section 415, as adjusted in accordance with IRC Section 415(d). Such Section 415, to the extent applicable to governmental plans within the meaning of IRC Section 414(d), is hereby incorporated by reference. (b) If the maximum annual benefit under this Plan (but for this Section) would exceed the limitations of IRC Section 415(f) (after aggregating the benefits payable under this Plan and the benefits payable under the Virginia Retirement System or any other Defined Benefit Plan maintained by the Employer), the maximum annual benefit under this Plan shall be reduced prior to the reduction of the maximum annual benefit under any other Defined Benefit Plan maintained by the Employer. (c) In the event that the annual pension otherwise payable to a Participant who has retired or terminated employment has been limited by Section 415(b) as it existed at his retirement or termination date, his annual pension shall be increased, pursuant to IRC Section 415(d)(1)(A), but only to the amount of the original benefit. (d) The Uruguay Round Agreement Act of 1994 ("GATT") which made changes to IRC Section 415(b)(2)(E) shall not be applicable for benefits accrued prior to July 1, 2000. The Employer elects Method Three of Q&A 14 of Rev. Rul. 98-1 to comply with the requirements of IRC Section 415. Section 6.2 Required Distribution of Benefits Unless the Participant otherwise elects under the provisions of the Plan, any payment of benefits to the Participant shall begin not later than sixty (60) days after the close of the Plan Year in which occurs the latest of: (a) the date on which the Participant attains his normal retirement age as determined under the Virginia Retirement System; (b) the tenth (10th) anniversary of the date the Employee becomes a Participant; and (c) the date the Participant terminates his service with the Employer. Notwithstanding anything contained herein to the contrary, the entire interest of each Participant shall begin to be distributed not later than the later of (i) April 1 of the calendar year following the calendar year in which the Participant attains age seventy and one-half (701/2) or (ii) the April 1 of the calendar year following the calendar year in which a Participant retires. 19 If, pursuant to the preceding paragraph, a Participant's benefit is delayed beyond the April 1 of the calendar year following the calendar year in which he attains age seventy and one-half (701/2), the Participant's benefit upon his retirement shall be actuarially increased. The actuarial increase shall be for the period measured from April 1 of the calendar year following the calendar year in which the Participant attained age seventy and one-half (701/2) until his benefit commencement date. The actuarial adjustment shall be determined utilizing the Actuarial Equivalent factors set forth in Appendix A. All distributions under this Plan shall be made in accordance with IRC Section 401(a)(9). Distributions shall be made in accordance with the IRC Section 401(a)(9) regulations published on April 17, 2002, and amended on June 14, 2004. Distributions may be made only over one of the following periods: (a) the life of the Participant, or the joint lives of the Participant and his designated Beneficiary, or (b) a period certain not extending beyond the life expectancy of the Participant or the joint life expectancy of the Participant and his designated Beneficiary. (d) If the distributions of a Participant's interest has begun and the Participant dies before his entire interest has been distributed to him, the remaining portion of such interest shall be distributed at least as rapidly as under the method of distribution in effect as of his date of death. (e) If the designated beneficiary (as defined in Section 1.401(a)(9)-4, Q&A -1 of the IRC Section 401(a)(9) regulations published on April 17, 2002, and amended on June 14, 2004) is the spouse of the Participant, the beneficiary may elect to commence the benefit within a reasonable period of time after the Participant's death but in no event may such election be made later than (i) the December 31 of the calendar year immediately following the calendar year in which the Participant died or (ii) the December 31 of the calendar year in which the Participant would have attained age seventy and one-half (701/2). The benefit may be paid over the life or over a period certain not extending beyond the life expectancy of the designated beneficiary. If the spouse dies before the distribution begins, then the five (5) year distribution requirement of subsection (g) of this Section shall apply as if the beneficiary were the Participant. (f) If the benefit is paid to a designated beneficiary (as defined in Section 1.401(a)(9)-4, Q&A -1 of the IRC Section 401(a)(9) regulations published on April 17, 2002, and amended on June 14, 2004), other than the Participant's spouse, the distribution shall commence no later than December 31 of the calendar year immediately following the calendar year in which the Participant died. The benefit may be paid over the life or over a period certain not extended beyond the life expectancy of the designated beneficiary. (g) If there is no designated beneficiary (as defined in Section 1.401(a)(9)-4, Q&A -1 of the IRC Section 401(a)(9) regulations published on April 17, 2002, and amended on June 14, 2004), as of the September 30 of the year following the year of the death of the Participant, distribution of the Participant's entire interest shall 20 be completed by December 31 of the calendar year containing the fifth (5th) anniversary of the Participant's death. Life expectancies shall be computed by the use of the applicable table set forth in Section 1.401(a)(9)-9 of the IRC Section 401(a)(9) regulations published on April 17, 2002. 21 Article 7 Amendment and Termination of the Plan Section 7.1 Amendment of the Plan The Employer shall have the right at any time by action of the Chesterfield County School Board, and approved by action of the Chesterfield County Board of Supervisors, to modify, alter or amend the Plan in whole or in part; provided, that the duties, powers and liability of the Trustee shall not be increased without its written consent; the amount of benefits which at the time of any such modification, alteration or amendment have accrued for any Participant hereunder shall not be affected adversely thereby; and no such amendment shall have the effect of causing a reversion to the Employer of any part of the principal or income of the Fund. Section 7.2 Termination of the Plan The Employer expects to continue the Plan indefinitely, but continuance is not assumed as a contractual obligation, and the Employer reserves the right at any time by action of the Chesterfield County School Board, and approved by action of the Chesterfield County Board of Supervisors, to terminate the Plan. If the Employer terminates or partially terminates the Plan, or it is otherwise terminated or partially terminated, the rights of the Participants affected thereby to benefits then accrued shall be non -forfeitable, and the Trustee shall continue to administer the Fund as instructed by the Plan Administrator in accordance with the provisions hereof. Notwithstanding the above, no Participant shall have any recourse toward the satisfaction of his benefit accrued under the Plan other than from assets of the Plan. The Plan Administrator shall allocate and administer the Fund to provide benefits for Participants on the date of termination then receiving benefits in accordance with Article 3. The allocation of that portion of the Fund computed above shall be based on the method of payment of monthly benefits or death benefits as specified in the Plan. If upon termination of its participation in the Plan, an Employer fails to pay or reimburse the Trustee, actuary, accountant or attorney for the outstanding charges or expenses incurred hereunder, the Trustee is empowered to satisfy such claims by lien upon that portion of the Fund attributable to such Employer prior to making any allocation to Participants, vested terminated Participants, retired Participants, or Totally and Permanently Disabled Participants of the Plan in accordance with this Article. The application of the Fund on the foregoing basis shall be calculated by the actuary and certified to the Trustee by the Plan Administrator as of the date on which the Plan terminated. When the calculations are completed, the interest of each Participant shall continue to be held in the Fund pursuant to the terms of this Article 7, or at the direction of the Plan Administrator, the appropriate portion of the Fund shall be liquidated, and each of their interests shall be distributed to them in the form of annuity contracts, annuity payments or installments. Any funds remaining after the satisfaction of all liabilities to such Participants under this Plan due to erroneous actuarial computation or assumptions shall be returned to the Employer. 22 Article 8 Miscellaneous Section 8.1 Governing Law The Plan shall be construed, regulated and administered according to the laws of the Commonwealth of Virginia, except for Virginia laws governing conflict of laws and except in those areas preempted by the laws of the United States of America. Any legal action arising out of the alleged performance, non-performance or breach of this agreement shall be instituted and prosecuted in the circuit court of the County of Chesterfield, Virginia, and in no other state or federal court or agency unless required by law to be heard in another court jurisdiction. Section 8.2 Construction The headings and subheadings in the Plan have been inserted for convenience of reference only, and shall not affect the construction of the provisions hereof. In any necessary construction, the masculine shall include the feminine and the singular the plural, and vice versa. Section 8.3 No Employment Contract This Plan shall not be deemed to constitute a contract between the Employer and any Participant or to be a consideration or inducement for the employment of any Participant or employee. No Participant shall acquire any right to be retained in the Employer's employ by virtue of the Plan, nor upon his dismissal or voluntary termination of employment, shall he have any right or interest in and to the Fund other than as specifically provided herein. Except to the extent required by law, the Employer shall not be liable for the payment of any benefit provided for herein; all benefits hereunder shall be payable only from the Fund and only to the extent that the Fund is sufficient therefor. Section 8.4 Receipt Prior to Payment The Trustee, Plan Administrator, or Employer, jointly or severally, may but need not, require a written receipt as a condition precedent to any payment called for by the Plan to be made to Participants or to their heirs, successors, executors and legal representatives. Section 8.5 Payments to Incompetents In the sole judgment of the Plan Administrator, if any Participant is physically or mentally incapable of personally receiving and giving a valid receipt for any payment due him under the Plan, the Plan Administrator may make such payment or any part thereof to or for the benefit of such Participant or directly to or for the benefit of any person determined by the Plan Administrator to have incurred expense or assumed responsibility for the expenses of such Participant. Section 8.6 Non -alienability of Benefits No benefits or other amounts payable under the Plan shall be subject in any manner to anticipation, sale, transfer, assignment, pledge, encumbrance, charge or alienation. If the Plan Administrator determines that any person entitled to any payments under the Plan has become 23 insolvent or bankrupt or has attempted to anticipate, sell, transfer, assign, pledge, encumber, charge or otherwise in any manner alienate any benefit or other amount payable to him under the Plan or that there is any danger of any levy or attachment or other court process or encumbrance on the part of any creditor of such person entitled to payments under the Plan, against any benefit or other amounts payable to such person, the Plan Administrator may, at any time, in its discretion, direct the Trustee to withhold any or all payments to such person under the Plan and apply the same for the benefit of such person in such manner and in such proportion as the Plan Administrator may deem proper. Notwithstanding anything contained herein to the contrary, with respect to a debt due by the Participant to the Employer, a Participant in pay status may assign or alienate rights to future benefit payments provided that any such assignment or alienation: (i) is voluntary and revocable, (ii) does not exceed ten percent (10%) of any benefit payment, and (iii) is neither for the purpose, nor has the effect, of defraying plan administrative costs. Section 8.7 Domestic Relations Order Notwithstanding anything contained herein to the contrary, upon the receipt by the Plan of a Domestic Relations Order, the following provisions of this Section shall become effective. (a) Determination of Qualified Domestic Relations Order—Upon receipt by the Plan of a Domestic Relations Order, the Plan Administrator shall promptly notify the Participant and any Alternate Payee of such receipt and the Plan's procedures for determining if such order is a Qualified Domestic Relations Order. In accordance with reasonable procedures established by the Plan Administrator, the Plan Administrator shall determine whether such order is a Qualified Domestic Relations Order and shall notify the Participant and Alternate Payee of such determination within a reasonable time thereafter. Notwithstanding anything contained herein to the contrary, if a benefit is being paid pursuant to a Domestic Relations Order on January 1, 1985, such order shall be considered to be a Qualified Domestic Relations Order. During the period of time in which the Plan Administrator is making the determination of whether the Domestic Relations Order is a Qualified Domestic Relations Order, the Plan Administrator shall segregate in a separate account in the Plan or in an escrow account the amounts which would have been payable to the Alternate Payee during such period if the order had been determined to be a Qualified Domestic Relations Order. In the case of any payment before a Participant has separated from service with the Employer, a Domestic Relations Order shall be a Qualified Domestic Relations Order regardless of the fact that such order requires that payment of benefits be made to an Alternate Payee 24 (i) on or after the date which the Participant attains or first would have attained his retirement date, (ii) as if the Participant had retired on the date on which such payment is to begin under such order taking into account only the present value of the benefits actually accrued and not taking into account the present value of any Employer subsidy for early retirement based on the interest rate specified in the Plan or, if no rate is specified, five percent (5%), and (iii) in any form in which such benefit may be paid under the Plan to the Participant (other than in the form of a joint and survivor annuity with respect to the Alternate Payee and his or her subsequent spouse). (b) Payment to Alternate Payee—If the Domestic Relations Order is determined to be a Qualified Domestic Relations Order within eighteen (18) months, the Plan Administrator shall pay the segregated amounts to the person or persons entitled thereto. If it is determined that the order is not a Qualified Domestic Relations Order or the issue as to whether such order is a Qualified Domestic Relations Order is not resolved within eighteen (18) months, then the Plan Administrator shall pay the segregated amount to the person who would have been entitled to such amounts as if there had been no order. Any determination that an order is a Qualified Domestic Relations Order which is made after the close of the eighteen (18) month period shall be applied prospectively only. (c) Definitions—For purposes of this Section, the following definitions shall be applicable: (i) Alternate Payee means any spouse, child or other dependent of a Participant who is recognized by a Domestic Relations Order as having a right to receive all, or a portion of, the benefits payable under a Plan with respect to such Participant. (ii) Domestic Relations Order—Any judgment, decree or order (including approval of a property settlement agreement) which (A) relates to the provisions of child support, alimony payments, or marital property rights to a spouse, child or other dependent of a Participant, and (B) is made pursuant to a state domestic relations law (including a community property law). (iii) Qualified Domestic Relations Order—A Domestic Relations Order which creates or recognizes the existence of an Alternate Payee's right to, or 25 assigns to an Alternate Payee the right to, receive all or a portion of the benefits payable with respect to a Participant under the Plan; provided that such Domestic Relations Order clearly specifies (A) the name and last known mailing address (if any) of the Participant and the name and mailing address of each Alternate Payee covered by the order, (B) the amount or percentage of the Participant's benefit to be paid by the Plan to each Alternate Payee or the manner in which such amount or percentage is to be determined, (C) the number of payments or period to which such order applies, and (D) each plan to which such order applies. A Domestic Relations Order meets the requirements of this subsection only if such order does not require the Plan (1) to provide any type or form of benefits, or any optional payment form, not otherwise provided under the Plan, (2) to provide increased benefits (determined on the basis of Actuarial Equivalent value), or (3) to make payment of benefits to an Alternate Payee which are required to be paid to another Alternate Payee under another order previously determined to be a Qualified Domestic Relations Order. (d) Establishment of Plan Procedures—For purposes of this Section, reasonable procedures shall be established under the Plan to determine the qualified status of Domestic Relations Orders and to administer distributions under Qualified Domestic Relations Orders. The procedures established by the Plan shall: (i) be set forth in writing, (ii) provide for the notification of each person specified in a Domestic Relations Order as entitled to payment of benefits under the Plan (at the address included in the Domestic Relations Order) of such procedures promptly upon receipt by the Plan of the Domestic Relations Order, and (iii) permit an Alternate Payee to designate a representative for receipt of copies of notices that are sent to the Alternate Payee with respect to a Domestic Relations Order. 26 Section 8.8 Merger of Plans If the Plan is merged or consolidated with another plan or assets or liabilities of the Plan are transferred to another plan, each then Participant shall not, as a result of such event, be entitled on the day following such merger, consolidation or transfer under the termination of Plan provisions to a lesser benefit than the benefit to which he was entitled to on the date prior to the merger, consolidation or transfer if the Plan had then terminated. Section 8.9 Mistake of Fact Notwithstanding anything herein to the contrary, there shall be returned to the Employer any Contribution which was made as follows: (a) By a mistake of fact, as determined by the Internal Revenue Service or in such other manner as the Internal Revenue Service may permit; (b) Prior to the receipt of initial qualification; provided that the Plan received an adverse determination with respect to its initial qualification, and the application for determination of initial qualification was made by the time prescribed by law for filing the Employer's tax return for the taxable year in which the Plan was adopted, or such later date as the Secretary of Treasury may prescribe; or (c) In an amount that exceeded the deductible limits on such Contribution as set forth under IRC Section 404, as determined by the Internal Revenue Service or in such other manner as the Internal Revenue Service may permit. The return of any Contribution as hereinbefore provided shall be made within one (1) year after the payment of the Contribution, denial of the initial qualification or disallowance of the deduction (to the extent disallowed), whichever is applicable. Any Contribution returned due to mistake of fact under subsection (a) of this Section or disallowance of a tax deduction under subsection (c) of this Section shall be reduced by its share of the losses and expenses of the Fund but shall not be increased by income or gains of the Fund. Any Contribution returned to the Employer due to denial of initial qualification under subsection (b) of this Section shall be equal to the entire assets of the Plan attributable to Contributions by the Employer. Section 8.10 Exclusive Benefit The Employer shall not be entitled to any part of the corpus or income of the Fund, and no part thereof shall be used for or diverted to purposes other than for the exclusive benefit of Participants hereunder except as provided in Section 8.9 and Section 8.11. Section 8.11 Expenses The operating expenses of the Plan and Fund shall be paid upon the direction of the Employer from the Fund. The determination of whether expenses may be charged against the Fund shall be made by the Employer. 27 Section 8.12 Counterparts The Plan and the Trust Agreement may be executed in any number of counterparts, each of which shall constitute but one and the same instrument and may be sufficiently evidenced by anyone counterpart. 28 Adoption of the Plan Notwithstanding anything contained herein to the contrary, this Plan is amended and maintained under the condition that it shall continue to be approved and qualified by the Internal Revenue Service under IRC Section 401(a) and that the Trust hereunder shall continue to be exempt under IRC Section 501(a), or under any comparable section(s) of any future legislation which amends, supplements or supersedes such section(s). As evidence of its adoption of this amended and restated Plan, the Chesterfield County Public Schools has caused this instrument to be signed by its duly authorized officers and its corporate seal is affixed hereto this day of , 20 Attest: Chesterfield County Public Schools By: By: Signature Signature Name Name Title As evidence of its approval of this amended and restated Plan, the Chesterfield County Board of Supervisors has caused this instrument to be signed by its Chair this day of , 2017. 98231.4 29 Chesterfield County Board of Supervisors Dorothy A. Jaeckle Chair CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 2 AGENDA L74t, Meeting Date: April 26, 2017 Item Number: 12.0.1. Subject: Ordinance Amendments Relating to Department of Utilities Fee Changes County Administrator's Comments: County Administrator: Board Action Requested: Adopt Attached Amendments to Section 18-27 of the County Code relating to Department of Utilities fee changes. Summary of Information: The Board of Supervisors held a public hearing on March 29, 2017 concerning 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 Attachments: Title: Director of Budget and Management 0 Yes 11 No 94 Page 2 of 2 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 $126.28. There are no proposed rate changes for utility connection fees for water and sewer service. The Utilities Department has also improved the biological nutrient removal process at the wastewater treatment plants resulting in a reduction in operational costs to remove nutrients. An approximate 5 percent reduction in the strong waste surcharge rate is being proposed for Total Nitrogen and Total Phosphorus for industries that pay a strong waste surcharge. The proposed strong waste surcharge rates are displayed below: Waste Surcharge Rate ($/lb.) -Strong Total Nitrogen > 40 mg/L $1.56 Total Phosphorus > 8 mg/L $4.82 The 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 I8-27 of the Code of the County of Chested field, 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 $244 $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 " $5.08. (2) Commodity cost charge. (i) Water: $ 44-t 1.88 per 100 cubic feet (Ccf). (ii) Wastewater: $ 249 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 $ 74-0 $ 13.02 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 74-0 13.02 7.64 14.15 (iii) Mobile homes that are located in a 0.85 "4 11.07 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 1.00 748 4-3-0-2 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 56.80 104.16 61.12 113.20 3 16.00 113.60 208.3-2 122.24 226.40 4 25.00 i77.50 325.59 191.00 353.75 6 50.00 355.00 6588 382.00 707.50 8 80.00 568.00 1,041. 611.20 1,132.00 10 115.00 816.50 1,497.3-0 878.60 1,627.25 12 155.00 1,'�0 2,0 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 (RISS) _ $0.21 per pound TN Surcharge Rate (RTN) _ $4-64 1.56 per pound TP Surcharge Rate (RTP) _ $5:07 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 BOARD OF SUPERVISORS Page 1 of 1 AGENDA '1, 171 Meeting Date: April 26, 2017 Item Number: 12.C.2. Subiect: Adoption of an Ordinance Establishing the Annual Tax Levy on Various Classes of Real Estate and Personal Property County Administrator's Comments: County Administrator: Board Action Requested: Adopt a tax rate ordinance establishing tax rates for calendar year 2017. Summary of Information: The Board held a public hearing on March 29, 2017 concerning the attached ordinance regarding annual tax rates. Tax rates on existing classes of property for calendar year 2017 were advertised as follows: $0.96 for real estate; $3.60 for personal property; $1.00 for machinery and tools personal property; $.50 for aircraft personal property; $0.96 for personal property for volunteer firefighters, rescue squads, and auxiliary members; $0.01 for wild and exotic animals personal property; $3.24 for vehicles using clean and special fuels; $0.01 for specially equipped motor vehicles for the physically handicapped, and $0.96 for vehicle trailers and semi -trailers with a gross weight of 10,000 pounds or more. There is no change proposed to the current rate structure. Staff recommends approval. The ordinance is attached. Preparer: Matt Harris Title: Director, Budget and Management Attachments: 0 Yes F-1 No 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. 0 0425:98069.1 2 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 3 ° AGENDA Meeting Date: April 26, 2017 Item Number: 12.C.3. Subject: Adoption of the FY2018 Annual Budget, FY2018-2022 Capital Improvement Plan (CIP), FY2018 Appropriations Resolution, and the FY2018 Community Development Block Grant and the HOME Investment Partnership Annual Plan County Administrator's Comments: County Administrator:Of&§� ..A ki Board Action Requested: Adopt the FY2018 Annual Budget, amend the FY2017-2021 CIP, adopt the FY2018- 2022 CIP, Appropriations Resolution, and Community Development Block Grant and the HOME Investment Partnership Annual Plan with changes as approved. Summary of Information: The County Charter requires that the budget, inclusive of the CIP, be adopted by May 1 and that an appropriations resolution be adopted to authorize the expenditure of funds. In addition, 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. CDBG and HOME allocations are based on a tentative notification but are contingent upon final award notification from HUD for FY2018. Public hearings were held on each the aforementioned items on March 29, 2017. Preparer: Matt Harris Title: Director, Budget and Management Attachments: Yes ❑ No # U 101 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 3 AGENDA Summary of Information: (continued) The attached presentation outlines the recommended changes to the budget, the FY2017-2021 CIP (the inclusion of the public-private partnership at Stonebridge), the FY2018-2022 CIP, and the Community Development Block Grant and HOME Investment Partnership Annual Plan, based on feedback received at the community meetings and public hearings, and other subsequent developments. Any additional changes requested by the Board during this session will be incoporated into the FY2018 budget upon adoption. Additionally, a number of changes are recommended to the proposed appropriations resolution and the revised financial policies (that were already included in the proposed budget) to clarify the governance of school capital projects (sections 5 and 6 below) and to add language to address payments for defined pension benefits (section 13 below). Sec. 5 The School Board or School Superintendent may make revenue and expenditure transfers among school appropriations categories or between capital projects during the fiscal year with approval delegated, in aggregate, in the following increments: $0-50,000 Superintendent, $50,001-499,999 School Board, $500,000+ Board of Supervisors. The School Board and/or the School Superintendent shall prepare a budget status report reflecting changes to the approved school budget between appropriation categories or capital projects, as amended, and present it to the County Administrator quarterly. Sec. 6 The School Superintendent is authorized to reallocate funding sources for capital projects as long as funding sources are consistent and total appropriation is not increased. Upon completion of a capital project or grant program, staff is authorized to close out the project and transfer any remaining balances to the original funding source or the Reserve for Future Projects. Savings in projects initiated as part of a major maintenance or food services program are authorized to be transferred to the corresponding major maintenance or food services account for future improvements. If outside contributions or external revenues do not materialize at the level budgeted, the School Superintendent may reduce revenue and expenditure appropriations to the level received. Sec. 13 The County Administrator, on behalf of the Board of Supervisors, will ensure that the payment amounts for defined benefit pension plans for each liability is funded and paid annually. The County Administrator is authorized to withhold and adjust general fund contributions to other funds to make pension plan payments for the respective funds if not paid on the policy established timeline as applicable. !-", nj u u 01 0 2 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 3 of 3 AGENDA FINANCIAL POLICY STATEMENT Payments for Defined Pension Benefits - The County is committed to making annual payments to an established trust in an amount that is the greater of a) the actuarially determined contribution or b) the expected benefit payments, to sustain funding levels associated with defined pension benefits offered by the employer. Initial payments to the respective trusts will be made annually prior to September 1 and any additional contributions, if needed, would occur prior to year-end and be paid from appropriated amounts or other sources targeted for trust deposits. OJ 0 -11 0 3 4/19/2017 • Budget built around enhanced community feedback efforts • Existing and new dollars focused on public safety, education and transportation • Budget also supports renewed revitalization efforts • Tax rate structure unchanged • Real, per capita cost of operations flat to FY2017 0' 4 1 • Total operating amendments would increase general fund by $727.1k (see table) • Sources comprised of health lease ($197.7k), Cloverleaf revenue ($409.4k), RVC lease ($120k Y2year) • Creation of 38 full-time positions in Mental Health fund to convert existing ICF staffto county employees • Formal creation of Community Enhancement department • Salary funds address compression issues for approximately 1,400 teachers; no additional phases contemplated in five-year plan • Amendments leave approximately $143k in state revenue unappropriated for future needs, contingencyfbr revenue fluctuations 4/19/2017 Police Starting Pay to $44,289 (vs. $43,500) $261,600 Expand Convenience Center Hours (open at lam; includes 2 full-time positions; one new, one from Health) Community Enhancement Resource Alignment (no new positions; funds moving from five depts.) Debt Service (Parks/RVC project) CDA Payments (related to Cloverleaf refinancing; more than offset by associated revenue) Community Contracts (Metropolitan Business League) Reductions in Contingency, Health Department Funds (would leave $70.7k in the contingency) Additional State Revenue Medicaid Revenue Revenue Subtotal Teacher Salary Compression Medicaid Billing Positions Contingency Richmond Symphony Expenditure Subtotal $80,000 $75,000 $189,300 $270,300 $500 ($149,600) $475,000 $200,000 $675,000 $435,000 $130,000 $100,000 $10,000 $675,000 N YrP-M D 4/19/2017 • Recommended amendment to CDBG plan to remove the VSU mixed use project • FY2017 CIP amendment to include public- private partnership at Stonebridge; appropriate ($7.3M) and transfer related funds • Also, amendments recommended to (revised) financial policies and appropriations resolution to address SRP payments, capital project transfers 3 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of I AGENDA Meeting Date: April 26, 2017 Item Number: 12.13.1.a. Subject: Resolution Recognizing "National Law Enforcement Week" in Chesterfield County County Administrator's Comments: County Administrator: Board Action Request Adoption of the attached resolution. Summary of Information: County staff plans to present three of these resolutions - Chesterfield County Police Department, Chesterfield County Sheriff's Office and Virginia State Police Area 6 on May 18, 2017, at the Law Enforcement Memorial Service at an evening ceremony at the Iron Bridge Baptist Church. Preparer: Colonel Thierry G. Dupuis Attachments: 0 Yes F-1 No Title: Chief of Police � 4 L # 0-20,107 RECOGNIZING "NATIONAL LAW ENFORCEMENT WEEK" IN CHESTERFIELD COUNTY WHEREAS, one of Chesterfield County's five strategic goals is "to partner with residents to provide a safe and secure community through prevention, readiness, and professional response"; and WHEREAS, no community goal is more precious and vital than maintaining the safety of family, self and others we hold dear; and WHEREAS, the dedication, steadfastness and bravery of our law enforcement teams that operate in Chesterfield County are well known as they provide essential services to all community members; and WHEREAS, this service, provided 24 hours a day and 365 days a year, is the keystone upon which our quality of life rests; and WHEREAS, since the first known line -of -duty death in 1791, over 20,000 law enforcement officers have made the ultimate sacrifice; on average one officer dies in the line of duty every 61 hours and as such, there are more than 20,000 names engraved on the walls of the National Law Enforcement Officers Memorial; and WHEREAS, in 1962, President John F. Kennedy signed a proclamation which designated May 15th as Peace Officers Memorial Day, and the week in which that date fell as Police Week; and that week is now recognized across the country as National Law Enforcement Week, honoring the national law enforcement officers who gave their lives in the line of duty during the previous year; and WHEREAS, Chesterfield County is grateful and honored to have such outstanding and professional individuals serving as law enforcement officers to protect the health, safety, and welfare of its community. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors hereby recognizes the week during which May 15th falls as "National Law Enforcement Week" in Chesterfield County and calls this recognition to the attention of all its community members, as well as publicly salutes the service of law enforcement officers in our community. !"11 11Q'l 0 1 JV U-1 08 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: April 26, 2017 Item Number: 12.D.1.b. Subject: Resolution Recognizing the Third Week in May as "Emergency Medical Services Week" in Chesterfield County County Administrator's Comments: County Administrator: Board Action Requested: Adoption of attached resolution. Summary of Information: The attached resolution recognizes the contributions of Chesterfield County Career and Volunteer EMS responders during "National Emergency Medical Services Week." Preparer: Edward L. Senter, Jr. Title: Fire Chief Attachments: Yes F-1 No 0 X99 RECOGNIZING THE THIRD WEEK IN MAY AS "EMERGENCY MEDICAL SERVICES WEEK" IN CHESTERFIELD COUNTY WHEREAS, providing emergency medical services is a vital public function; and WHEREAS, the members of emergency medical services are ready to provide high quality lifesaving care to those in need twenty-four hours a day, seven days a week; and WHEREAS, immediate access to high quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and WHEREAS, injury prevention and the appropriate use of the EMS system will help reduce national health care costs; and WHEREAS, the emergency medical service is comprised of emergency physicians, emergency nurses, emergency medical technicians, paramedics, firefighters, communications officers, educators, administrators and others; and WHEREAS, working together, Chesterfield County's emergency crews responds to more than 30,000 medical emergencies annually, representing countless hours of dedicated service to the community; and WHEREAS, the members of emergency medical services, whether career or volunteer, engage in many hours of specialized training and continuing education to enhance their lifesaving skills; and WHEREAS, the residents and guests of Chesterfield County benefit daily from the knowledge, skills, and dedication of these highly trained individuals; and WHEREAS, it is appropriate to recognize the value and the accomplishments of the emergency medical services providers from Chesterfield Fire and EMS, DLA Richmond Fire and Emergency Services, Chesterfield County's Emergency Communications Center, and the volunteer rescue squads of Bensley - Bermuda, Ettrick-Matoaca, Forest View, and Manchester. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the third week in May as "Emergency Medical Services Week" in Chesterfield County. AND, BE IT FURTHER RESOLVED that a copy of this resolution be permanently recorded among the papers of this Board of. Supervisors of Chesterfield County, Virginia. ti 110 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meeting Date: April 26, 2017 Item Number: 12.D.1.c.1. Subject: Resolution Recognizing Firefighter Donald W. Hall, Fire and Emergency Medical Services Department, Upon His Retirement County Administrator's Comments: County Administrator: Board Action Request Adoption of attacl Summary of Information: Firefighter Donald W. Hall retired from the Fire and Emergency Medical Services Department on April 1, 2017, after providing over 36 years of service to the citizens of Chesterfield County. Preparer: Edward L. Senter Jr. Title Attachments: 0 Yes F-1 No Fire Chief RECOGNIZING FIREFIGHTER DONALD W. HALL UPON HIS RETIREMENT WHEREAS, Firefighter Donald W. Hall retired from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on April 1, 2017; and WHEREAS, Firefighter Hall started his career in Recruit School #11 in 1981 and has faithfully served the citizens of Chesterfield County for over 36 years in various assignments as a firefighter at the Manchester, Ettrick, Wagstaff, Midlothian, Bon Air, Dale and Matoaca Fire and EMS Stations; and WHEREAS, Firefighter Hall achieved the Emergency Medical Technician -Cardiac Certification in 1989; and his Nationally Registered Emergency Medical Technician -Paramedic Certification in 1992; and WHEREAS, Firefighter Hall served in the Chesterfield Fire and EMS Technical Service Unit for 13 years, and the EMS Med-Flight program with the Virginia State Police Med-Flight 1 program from 2012 to retirement; and WHEREAS, Firefighter Hall completed the didactic and practical requirements from the University of Maryland, Baltimore County Department of Emergency Health Services to receive his Critical Care Paramedic certificate in 2010; and WHEREAS, Firefighter Hall was recognized with two Emergency Medical Services Awards for his advanced lifesaving actions for unresponsive patients in December 1991 and in July 1992; and WHEREAS, Firefighter Hall was recognized with a Unit Citation Award for his actions in April 1994 during a successful swift water rescue on the Appomattox River of two patients clinging to a tree; and WHEREAS, Firefighter Hall was recognized with an EMS Lifesave Award and Retail Merchants Association Gold Valor Award for his heroic actions in October 1998 during a motor vehicle accident on Iron Bridge Road where he administered lifesaving EMS procedures while a portable fire extinguisher had to be used to keep fire off the trapped patient; and WHEREAS, Firefighter Hall was chosen Chesterfield Fire and EMS Career Firefighter of the Year in 2000, and he received the Chief's Award in 2006 recognizing his tireless efforts in the acquisition, design and deployment of the Chesterfield County Public Safety Mobile Command Center; and WHEREAS, Firefighter Hall was recognized with two EMS Unit Citation Awards for providing exemplary teamwork in caring for a child who fell out of a moving vehicle in 1997 and an adult who jumped from a moving vehicle in 2012; and WHEREAS, Firefighter Hall was presented the Shining Knight Award from the Virginia Commonwealth University Health System Trauma Program for his exemplary patient care during a Med-Flight response to assist Goochland County Fire Rescue with a motor vehicle accident involving a motorcycle in April 2015, that resulted in saving a life; and NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Firefighter Donald W. Hall, expresses the appreciation of all citizens for his service to the county, and extends their appreciation for his dedicated service and congratulations upon his retirement. CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 fi AGENDA Meeting Date: April 26, 2017 Item Number: 12.13.1.c.2. Subiect: Resolution Recognizing Mr. David I. Henin, Building Inspection Department, Upon His Retirement County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution. Summary of Information: Mr. David I. Henin is retiring from the Building Inspection Department on May 1, 2017, after providing more than 30 years of service to the citizens of Chesterfield County. Preparer: Richard C. Witt Title: Director of Building Inspection Attachments: Yes Noq.� �� ti 11 4 0' "' LD�� 4 13 RECOGNIZING MR. DAVID I. RENIN UPON HIS RETIREMENT WHEREAS, Mr. David I. Henin joined Chesterfield County, Virginia as a Senior Structural Engineer on December 1, 1986; and WHEREAS, Mr. Henin used his structural expertise to verify that many of the largest buildings in the county were correctly engineered; and WHEREAS, he received recognition for helping develop the gatekeeping program as well as development and implementation of residential plan submission policies; and WHEREAS, Mr. Henin valued continuous learning, which he exemplified by learning the non-structural life safety aspects of the code and performing combination plan reviews; and WHEREAS, Mr. Henin earned promotions during his career with the county leading to his promotion to principal engineer on January 1, 1990; and WHEREAS, Mr. Henin's work to provide a safe -built environment in Chesterfield County has greatly enhanced the well-being of our residents and visitors; and WHEREAS, he is known for his technical knowledge of the profession and dedication in seeking opportunities to be a mentor and share his knowledge and experiences with staff members and the public; and WHEREAS, Mr. Henin always performed his job with kindness and compassion for customers and co-workers; and WHEREAS, Mr. Henin generously devoted his time, talent and leadership to service with the Virginia Structural Engineers Council throughout his career at Chesterfield County; and WHEREAS, he faithfully served the county and its residents with honor and integrity; and WHEREAS, Mr. Henin will retire from the Chesterfield County Department of Building Inspection on May 1, 2017, after providing more than 30 years of dedicated service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mr. David I. Henin for his contributions to Chesterfield County, the Commonwealth of Virginia and both the code enforcement and engineering professions, expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service to the Building Inspection Department and congratulations upon his retirement. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: April 26, 2017 Item Number: 12.D.1.c.3. Subject: Resolution Recognizing Corporal Matthew T. Williams, Police Department, Upon His Retirement County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution. Summary of Information: Corporal Matthew T. Williams will retire from the Police Department on May 1, 2017, after providing over 27 years of service to the residents of Chesterfield County. Preparer: Colonel Thierry G. Dupuis Attachments: 0 Yes F-1 No Title: Chief of Police RECOGNIZING CORPORAL MATTHEW T. WILLIAMS UPON HIS RETIREMENT WHEREAS, Corporal Matthew T. Williams will retire from the Chesterfield County Police Department on May 1, 2017, after providing over 27 years of outstanding service to the residents of Chesterfield County; and WHEREAS, Corporal Williams has faithfully served the county in the capacity of Patrol Officer, Senior Police Officer, Master Police Officer, Career Police Officer, Career Detective and Corporal; and WHEREAS, during his tenure, Corporal Williams also served as a Field Training officer, Breathalyzer Operator, Patrol Rifle Operator, Community Policing Officer, General Instructor, Firearms Instructor and Defensive Tactics Instructor; and WHERAS, Corporal Williams has served in various specialty units, including the Street Drug Enforcement Unit, Anti -Crime Unit and Tactical Investigations Unit; and WHEREAS, Corporal Williams received a Unit Citation for his teamwork in creating and implementing multiple work process improvements in the Tactical Investigations Unit that resulted in a significant increase in the number of cases cleared, the number of suspects apprehended, and a sizeable reduction in the overtime hour expenditures; and WHEREAS, Corporal Williams was selected for the Retail Merchants Association Valor Award; and WHEREAS, Corporal Williams was the recipient of a Chief's Commendation for placing himself at personal risk while assisting another officer in subduing and arresting an intoxicated subject who had displayed a weapon outside a restaurant/lounge; a friend of the subject initiated a fight with Corporal Williams and was also taken into custody, and due to the quick thinking and actions of both officers, the situation was deescalated; and WHEREAS Corporal Williams is an exceptional detective in the area of surveillance, and his experience, training, flexibility, knowledge and leadership has been invaluable to the Covert Operations Section and the Chesterfield County Police Department; and WHEREAS, Corporal Williams is recognized for his communications and human relations skills, his strong work ethic, and his teamwork, all of which he has utilized within the Police Department and in assisting residents of Chesterfield County in a professional manner during his exemplary career; and WHEREAS, during his tenure, Corporal Williams has received numerous letters of commendation, thanks and appreciation for services rendered; and WHEREAS, Corporal Williams has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Corporal Williams, diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Corporal Matthew T. Williams and extends on behalf of its members and the residents of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. .17 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: April 26, 2017 Item Number: 12.13.1.c.4. Subject: Resolution Recognizing Sergeant Jerry L. Kennon, Jr., Police Department, Upon His Retirement County Administrator's Comments: County Administrator: Board Action Request Adoption of the attached resolution. Summary of Information: Sergeant Jerry L. Kennon, Jr. will retire from the Police Department on May 1, 2017, after providing over 27 years of service to the residents of Chesterfield County. Preparer: Colonel Thierry G. Dupuis — Title: Chief of Police Attachments: Yes No RECOGNIZING SERGEANT JERRY L. KENNON, JR. UPON HIS RETIREMENT WHEREAS, Sergeant Jerry L. Kennon, Jr. will retire from the Chesterfield County Police Department on May 1, 2017, after providing over 27 years of outstanding quality service to the residents of Chesterfield County; and WHEREAS, Sergeant Kennon has faithfully served the county in the capacity of Patrol Officer, Senior Police Officer, Master Police Officer, Master Detective, Career Police Officer, Corporal and Sergeant; and WHEREAS, during his tenure, Sergeant Kennon also served as a Field Training Officer, General Instructor, Breathalyzer Operator, Patrol Rifle Operator, K-9 Officer and as a member of the Marine Patrol; and WHEREAS, Sergeant Kennon was recognized with a Chief's Commendation for distinguishing himself while assisting in the search for an armed robbery suspect, and his thorough interview of the suspect and detailed report documentation was instrumental in the arrest and clearance of this armed robbery, as well as six other armed robbery cases in the surrounding jurisdictions; and WHEREAS, Sergeant Kennon received a actions taken by him and his co-worker committing suicide; the unconscious victim, was lifted enough to allow Sergeant Kennon his neck, and the victim was placed on consciousness; and Lifesaving Award for the quick to prevent an individual from who was found hanging in a shed, to remove the rope from around the ground where he regained WHEREAS, Sergeant Kennon was awarded an Achievement Award for his actions during an extensive, joint FBI investigation, into a Counterfeit Products/Money Laundering operation, and the investigation yielded hundreds of thousands of dollars in counterfeit products, fake identifications, and illegal documents and resulted in nine suspects being arrested on 21 felony charges; and WHEREAS, while serving as a member of the Crimes Against Persons Unit, Sergeant Kennon was recognized with an Achievement Award for working tirelessly with his fellow detectives to identify, arrest and charge a suspect who had committed a homicide during a carjacking in Chesterfield County; and WHEREAS, Sergeant Kennon has a "lead by example" attitude, exhibiting the utmost professionalism of a Chesterfield County police officer, and he has long established himself as a leader in the law enforcement field, is a great source of knowledge, and willingly provides guidance and direction to other officers; and f'� --, ro J J n" 9 WHEREAS, Sergeant Kennon is recognized for his communications and human relations skills, his strong work ethic, and his teamwork, all of which he has utilized within the Police Department and in assisting residents of Chesterfield County in a professional manner during his exemplary career; and WHEREAS, during his tenure, Sergeant Kennon has received numerous letters of commendation, thanks and appreciation for services rendered; and WHEREAS, Sergeant Kennon has provided the Chesterfield County Police Department with several decades of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Sergeant Kennon's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Sergeant Jerry L. Kennon, Jr. and extends on behalf of its members and the residents of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. 00 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: April 26, 2017 Item Number: 12.D.1.c.5. Subject: Resolution Recognizing Mrs. Stella A. Olsen, Utilities Department, Upon Her Retirement County Administrator's Comments: County Administrator: Board Action Requested: Staff requests the Board adopt the attached resolution. Summary of Information: Mrs. Stella A. Olsen retired from the Utilities Department on April 1, 2017, with over 17 years of service. Preparer: George B. Haves Attachments: 0 Yes 1-1 No Title: Director of Utilities RECOGNIZING MRS. STELLA A. OLSEN UPON HER RETIREMENT WHEREAS, Mrs. Stella A. Olsen retired from Chesterfield County Utilities Department on April 1, 2017; and WHEREAS, in August 1999, Mrs. Olsen began her public service with the Chesterfield County Building Inspection Department, working as a customer service representative assisting homeowners and contractors with acquiring permits and scheduling inspections; and WHEREAS, in 2001, Mrs. Olsen was promoted while working for the Building Inspection Department to a citizens assistance and code compliance coordinator handling citizen complaints and processing the associated paperwork with the Citizens Assistance Program; and WHEREAS, in March 2002, Mrs. Olsen began working with the Department of Utilities where she served as the secretary for the Utilities Construction - Inspection Section until her retirement; and WHEREAS, Mrs. Olsen was a front-line employee who proactively developed her administrative, customer service, and technical skills using classroom and online educational opportunities, and successfully integrated what she learned into her job duties; and WHEREAS, Mrs. Olsen has always worked diligently to ensure customers, needs were met in a timely and professional manner; and WHEREAS, Mrs. Olsen has displayed a cooperative and willing attitude whenever her assistance was requested, even if the tasks required learning new skills and procedures she was not familiar with; and WHEREAS, throughout her career with Chesterfield County, Mrs. Olsen displayed dependability, good character and adhered vigilantly to the Chesterfield County Code of Ethics. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mrs. Stella A. Olsen and extends on behalf of its members and the citizens of Chesterfield County, appreciation for over 17 years of exceptional service to the county. CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: April 26, 2017 Item Number: 12.D.1.d. Subject: Resolution Recognizing Mr. Connor West Upon Attaining the Rank of Eagle Scout County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution. Summary of Information: Staff has received a request for the Board to adopt a resolution recognizing Mr. Connor West, Troop 819, sponsored by Saint John's Episcopal Church, upon attaining the rank of Eagle Scout. Mr. West is a resident of the Bermuda District. Preparer: Janice Blakley Attachments: 0 Yes Title: Clerk to the Board 1-1 No 9 U r-) , 0 C, I if] 3 RECOGNIZING MR. CONNOR WEST UPON ATTAINING THE RANK OF EAGLE SCOUT WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law, Mr. Connor West, Troop 819, sponsored by Saint John's Episcopal Church, has accomplished those high standards of commitment and has reached the long -sought goal of Eagle Scout, which is received by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Connor has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mr. Connor West, extends congratulations on his attainment of Eagle Scout, and acknowledges the good fortune of the county to have such an outstanding young man as its citizen. U CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 2 . .... . AGENDA Meeting Date: April 26, 2017 Item Number: 12.13.1.e. Subject: Resolution Recognizing Smart Beginnings Greater Richmond and the Launch of the Regional Plan for School Readiness 2017-2020 County Administrator's Comments: County Administrator: Board Action Requested: Request that the Board adopt the attached resolution. Summary of Information: Smart Beginnings Greater Richmond has requested that local elected officials from each of the region's localities adopt a resolution in support of the launch of the new Regional Plan for School Readiness 2017-2020. Recognizing the importance of school readiness, businesses, nonprofits, governments, schools, and philanthropic leaders in Greater Richmond have been working together to bring attention to the value of investing early to help young children thrive. In 2006, Smart Beginnings Greater Richmond was created by the merger of two initiatives; Youth Matters, a project of ChamberRVA, and Success By 60, a project of United Way of Greater Richmond and Petersburg. Since that time, SBGR has served as the region's convener and coordinator for strategic school readiness initiatives. Preparer: Jana D. Carter Attachments: Yes a No Title: Director, Juvenile Services 00001-:95 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA SBGR leverages the strengths of ChamberRVA and United Way as its anchor organizations. ChamberRVA has helped to establish school readiness as a crucial component of the workforce pipeline and to raise awareness of the issue among business leaders. SBGR is affiliated with the Virginia Early Childhood Foundation, which has established 17 Smart Beginnings initiatives across the state to mobilize communities around early childhood priorities. In the spring of 2016, Smart Beginnings Greater Richmond convened 110 coalition partners to update the Regional Plan for School Readiness, recommitting to the 2010 vision that "all children from birth through five in the Richmond region will be healthy, well -cared for, and ready to succeed in school, work and in life." The plan builds on the understanding that success requires a multi -sector alliance and investment from private, nonprofit, public, and charitable sectors with families at the center. The Regional Plan for School Readiness 2017-2020 provides a road map for the entire Richmond region and builds on the premise that a strong start for children of all incomes is good for the economic vitality and well-being of the region. The plan focuses on four priority strategies: raising awareness of early childhood, helping families connect to quality resources, advocating for policy alignment, and building provider capacity. 26 SUPPORTING THE REGIONAL PLAN FOR SCHOOL READINESS 2017-2020 WHEREAS, in the earliest years, from birth through age five, children rapidly absorb information, their brains developing at an exponential rate unmatched in any other period of life; and WHEREAS, providing infants and young children with supportive, nurturing relationships and enriching environments during this critical phase of development helps put them on a path to success in later years; and WHEREAS, investing in children's early development and school readiness reaps returns across different sectors - workforce, health care, education, public safety, and business - resulting in a human capital investment strategy proven to improve lives and encourage economic growth for the Richmond region; and WHEREAS, quality early childhood services can reduce socio-economic and health disparities between children of different backgrounds and provide a stronger foundation for a healthy start; and WHEREAS, there are nearly 24,000 children in Chesterfield County from birth to five -years old, and 72.8 percent of the parents of those children are in the labor force; and WHEREAS, the Smart Beginnings Greater Richmond partnership of more than 110 organizations has raised awareness about the importance of the early years and leveraged resources and organizing power to create more opportunities for families to support a healthy start for their children; and WHEREAS, numerous partner organizations in Chesterfield County contributed to the Regional Plan for School Readiness 2017-2020, including Chesterfield County Public Schools, Chesterfield County Public Library, Chesterfield County Mental Health Support Services, Chesterfield County Youth Planning and Development, Chesterfield -Colonial Heights Families First, Chesterfield Health District, and Chesterfield -Colonial Heights Social Services; and WHEREAS, the Regional Plan for School Readiness 2017-2020 builds on the premise that a strong start for children of all incomes is good for the economic vitality and well-being of Chesterfield County and the region; and WHEREAS, the Regional Plan for School Readiness 2017-2020 is inspired by the vision that all children from birth through five in the Richmond region will be healthy, well -cared for, and ready to succeed in school, work and in life. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield 'County Board of Supervisors supports the Regional Plan for School Readiness 2017-2020, and recognizes the many Chesterfield County agencies and partnerships that contributed to the development of this new regional plan to advance school readiness in Chesterfield County and throughout the region. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: April 26, 2017 Item Number: 12.13.1.f. Subject: Resolution Guaranteeing Completion of Work Within VDOT Right -of -Way County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to adopt the attached resolution guaranteeing work performed within VDOT right-of-way. This is an update to the resolution the Board approved in 1993. Summary of Information: The county regularly performs work within VDOT right-of-way under the auspices of a land use permit. VDOT exempts localities from posting a surety for the work if the governing body adopts a resolution guaranteeing the work will be performed in a satisfactory manner. The Board previously adopted a similar resolution in 1993, and an updated resolution was requested by VDOT. County staff has reviewed the updated resolution and finds the language to be acceptable. Recommendation: Staff recommends the Board adopt the attached resolution. District: Countywide Preparer: Jesse W. Smith Attachments: 0Yes Title: Director of Transportation No # . RESOLUTION GUARANTEEING WORK WITHIN VDOT RIGHT-OF-WAY WHEREAS, it becomes necessary from time to time for Chesterfield County to obtain land use permits from the Virginia Department of Transportation to install, construct, maintain and operate certain public works and public utilities projects along, across, over and upon highway systems of the Commonwealth of Virginia; and, WHEREAS, expense, damage or injury may be sustained by the Commonwealth of Virginia as a result of the granting to Chesterfield County by the Virginia Department of Transportation of said permits for the work aforesaid; NOW, THEREFORE, BE IT RESOLVED by the Chesterfield County Board of Supervisors this 26th day of April, 2017: Section 1: That in accordance with the provisions of Section 24VAC30-151-720 of the Land Use Permit Regulations of the Virginia Department of Transportation, Chesterfield County does hereby grant assurances to the Virginia Department of Transportation (VDOT) that it shall in all respects comply with all of the conditions of the permit or permits that have been, or will be, granted to Chesterfield County and guarantees the successful completion of the work, or, if appropriate, restoration of the right of way to its original condition. Section 2: That the County Administrator, or his/her designee, be, and hereby is authorized to execute on behalf of Chesterfield County all land use permits and related documents of the Virginia Department of Transportation. Section 3: That this resolution shall be a continuing resolution and shall not be revoked unless and until sixty (60) days written notice of any proposed revocation be submitted to the Virginia Department of Transportation. Section 4: That Chesterfield County shall, if requested by the Virginia Department of Transportation, provide a letter that commits to using the surety provided by its contractor or to have the contractor execute a dual obligation rider that adds the Virginia Department of Transportation as an additional obligee to the surety bond provided to the locality, with either of these options guaranteeing the work performed within state maintained right-of- way under the terms of the land use permit for that purpose. BE IT STILL FURTHER RESOLVED that the County Administrator, or his/her designee, be, and hereby is authorized and directed to procure insurance required by Section 1 herein. OM " r" 2 9 CHESTERFIELD COUNTY BOARD OF SUPERVISORS 4GEk� Page 1 of 1 Meeting Date: April 26, 2017 Item Number: 12.13.1.g. Subject: Resolution Recognizing May as "Internal Audit Awareness Month" County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution. Summary of Information: The Institute of Internal Auditors, the profession's most widely recognized advocate, educator, and provider of standards, guidance, and certifications recommends the month of May to raise awareness and showcase the internal audit profession. Preparer: Gregory L. Akers Attachments: 0 Yes F-1 No Title: Director of Internal Audit J 0150 RECOGNIZING MAY AS "INTERNAL AUDIT AWARENESS MONTH" WHEREAS, internal auditors serve an essential role as independent, objective professionals who help organizations improve their operations and accomplish their objectives; and WHEREAS, internal auditors provide a systematic approach to evaluate and improve the effectiveness of managing risks, controls, and processes; and WHEREAS, internal auditors raise awareness for important issues, including reliability and integrity of information, transparency and compliance with policies and regulations; and WHEREAS, internal auditors analyze their findings and offer recommendations for management to improve their operation and/or productivity; and WHEREAS, internal auditors promote an ethical culture and accountability, and provide methods to report suspected fraud, waste and abuse; and WHEREAS, Internal Audit Awareness Month is an opportunity to acknowledge the efforts and contributions of internal auditors to residents and employees in Chesterfield County. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors hereby recognizes the month of May as "Internal Audit Awareness Month" in Chesterfield County and encourages all citizens to join in commemorating this observance. 100131 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 2 AGENDA Meeting Date: April 26, 2017 Item Number: 12.D.2. Subiect: Approval of a Memorandum of Understanding Between the Defense Logistics Agency Aviation and the Chesterfield County Police Department County Administrator's Comments: County Administrator: Board Action Requested: Authorize the Chief of Police to execute the Memorandum of Understanding on behalf of the Chesterfield County Police Department. Summary of Information: This Memorandum of Understanding is entered into between the Defense Logistics Agency (DLA) Aviation and the Chesterfield County Police Department in order to establish procedures for the exchange of information related to domestic violence or child abuse cases involving active duty military personnel assigned to DLA. This Agreement is an updated version of an existing Memorandum of Understanding and the modifications made in the attached Agreement include the following: 1. The Virginia Code section has been updated to reflect current and applicable code. 2. Department of Defense Instruction (DODI) and DLA policy citations have been updated. Preparer: Colonel Thierry G. Dupuis Title: Chief of Police Attachments: 0 Yes F-1No # 1-32 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA 3. Defense Supply Center Richmond has been changed to Defense Logistics Agency Aviation to reflect current facility name. 4. Definitions have been removed. The Agreement sites terms that are already defined in the Code of Virginia. Re -stating them in this document is unnecessary. The remaining definitions are specific to DLA. 5. The notification procedure is largely unchanged from the previous MOU but the formatting is different. 6. The Agreement establishes points of contact regarding the exchange of pertinent information. 7. The new Agreement is set to expire 9 years from the effective date. This Agreement has already been approved by the Commander for the DLA division. j ,3:00.1 133 Memorandum of Understanding Between Defense Logistics Agency (DLA) Aviation And The Chesterfield County Police Department For Support Services Agreement # 2017 -DLA AVN -045 Subject: Procedures for exchange of information 1. References. a. 63.2 et seq, Code of Virginia b. 16.1-228, Code of Virginia C. DODI 6400.01, Family Advocacy Program (FAP), 13 February 2015 d. DODI 4000.19, Support Agreements, 25 April 2013 e. DLAI 4000.19, Agreements, 27 December 2016 2. Purpose. To establish procedures for the exchange of information between the Chesterfield County Police Department and Defense Logistics Agency (DLA) Aviation related to domestic violence or child abuse cases involving active duty military personnel assigned to DLA. 3. General. This agreement does not purport to create additional jurisdiction nor to limit or modify the existing jurisdiction vested in the parties. This agreement supersedes all previous agreements between the Chesterfield County Police Department and DLA Aviation pertaining to the exchange of information related to domestic violence or child abuse cases involving active duty military personnel assigned to DLA. 4. DEFINITIONS: a. The ChesterfieldlColonial Heights Department of Social Services, Citild Protective Services hereinafter referred to as CPS, is the agency primarily responsible for intake, investigation, and management of child abuse cases in Chesterfield County. b. The Family Advocacy Program (FAP), is a DLA program, established by the Department of Defense and designed to promote the growth, development and general welfare of children by coordinating human services provided to such children and by interceding on their behalf when necessary. 0 of).: 3- f The Security Branch of Public Safety Office, hereinafter referred to as DLA Police, coordinates all law enforcement activity on DSCR. The DLA Police coordinate such investigations with federal and state law enforcement authorities, as appropriate. The DLA Police receive all reports of child and spouse abuse occurring on or off post, and notify all agencies required by regulation and this MOU. d. On -Post Incident is an act of child and/or domestic abuse involving a military member and/or a dependent of a military family that occurs within the boundaries of DSCR. e. Off -Post Incident is an act of child and/or domestic abuse involving a military member and/or a dependent of a military family that occurs beyond the boundaries of DSCR and that is within the jurisdiction of Chesterfield County. f Military Family. A military family is comprised of an active duty service member stationed at DSCR, including its tenant activities, and his/her dependents. g. Child of a Military Family is a person under the age of eighteen who is a natural or adopted child or stepchild of any member of the military. 5. Procedures: a. The Chesterfield County Police Deportment, upon investigating family violence cases and child abuse cases, will ascertain if the offending party or victim is active duty military assigned to DLA. If the subject is active duty military assigned to DLA, the Chesterfield County Police officer/domestic violence coordinator/records personnel will notate on the top of the police report "Copy to DLA Police." Chesterfield County Police personnel will ensure that a copy of the report is made available to DLA Police by contacting Security and Emergency Services, Installation Support at (804) 279-2916 and facilitate the appropriate exchange of information within 72 hours of knowledge of occurrence. DLA Police should refer active duty or civilian family members to the Family Advocacy Program (FAP) for safety planning, shelter placement, referrals and services. b. Upon written request to the Domestic Violence Coordinator, the Chesterfield County Police Department will provide a copy of the incident k report to the DLA Police. 6. Points of Contact: r U1�5 a. April Weaver, Management/Program Analyst, DLA Aviation Support Manager (SAM), DLA Aviation Command Programs Office/DOA, Phone: (804) 279-3167/DSN: 695-3167. Email: April.W�dla.mil. b. Thomas Reinard, Security and Emergency Services (DS -FRS), DLA Installation Support at Richmond, Phone (804) 279-2916 or 4890 DSN: 695-2916 or 4890. Email: 'fhomas.Reinard�dla.mil or Chad.Tearne@d1a.mil. c. Anita Baines, Management/Program Analyst, DLA Installation Support at Richmond, Support Agreement Manager, (SAM)/Installation Support. Phone: (804) 279-2973. DSN 695-2973. Email: Anita.Baines@dla.nnil. d. Africa Miller, Family Advocacy Program Manager. DLA Installation Support at Richmond, Phone: (804) 279-4337. DSN 695-4337. Email: Africa.Millet@dla.mil. e. Chesterfield County Police Department, Domestic Violence Coordinator, 10001 Iron Bridge Road, Chesterfield, Virginia 23832. Phone: (804) 748-1268. 7. Funds and Manpower: This MOU does not document nor provide for the exchange of funds or manpower between the Parties nor does it make any commitment of funds or resources. 8. Modification of MOU: This MOU may only be modified by the written agreement of the Parties, duly signed by their authorized representatives. This MOU will be reviewed annually on or around the anniversary of its effective date, and triennially in its entirety. 9. Disputes: Any disputes relating to this MOU will, subject to any applicable Iaw, Executive order, directive, or instruction, be resolved by consultation between the Parties or in accordance with DoDI 4000.19. 10. Termination of Understanding: 'This MOU may be terminated in writing at will by either Party. 11. Transferability: This MOU is not transferable except with the written consent of the Parties. 12. Entire Understanding: It is expressly understood and agreed that this MOU embodies the entire understanding between the Parties regarding the MOD's subject matter. 13. Effective Date: This MOU takes effect beginning on the day after the last Party signs. I 4. Expiration Date: This MOU expires 9 years from the effective date. I S. Cancellation of Previous MOU: This MOU cancels and supersedes the previously signed MOU between the same parties with the effective date of 28 September 2009. 16. The signatories, below, have the authority to bind their respective parties. Approved: DLA Aviation A,' Signature Allan E. Day Brigadier General, USAF Commander, DLA Aviation 2ffe, Date Chesterfield County Police Dept. Signature Thierry Dupuis Chief of Police Chesterfield County Date r�37 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: April 26, 2017 Item Number: 12.13.3.a. Subject: Set Public Hearing to Consider an Amendment to Section 9-57 of the County Code to Provide for a Separate Tax Classification for Motor Vehicles Owned or Leased by Auxiliary Deputy Sheriffs County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to set a public hearing for May 24, 2017, to consider an amendment to § 9-57 of the County Code to provide for a separate tax classification for motor vehicles owned or leased by auxiliary deputy sheriffs. Summary of Information: The County currently has special tax classifications for motor vehicles owned or leased by auxiliary police officers and members of volunteer rescue squads and volunteer fire departments. Only one vehicle per person is entitled to the special tax rate, which is currently $0.96 on every $100 of assessed value. State law also permits the County to establish a separate tax classification for motor vehicles owned or leased by auxiliary deputy sheriffs. Creating a special classification for auxiliary deputy sheriffs will correct the inequity that has been created by exempting other public safety volunteers, but not auxiliary deputy sheriffs. Currently, the Sheriff's Office utilizes only two auxiliary deputies, so the fiscal impact will be nominal. Preparer: Karl S. Leonard Title: Chesterfield County sheriff 0623:98182.1(98181.1) Attachments: Yes No AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 9-57 RELATING TO CLASSIFCATION OF TANGIBLE PERSONAL PROPERTY TAXES FOR AUXILIARY DEPUTY SHERIFFS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 9-57 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Chapter 9. Finance & Taxation Article III. Tangible Personal Property Taxes Division 1. General Provisions [OXM7 Sec. 9-57. - Motor vehicles owned by members of volunteer rescue squads, members of volunteer fire departments and auxiliary police officers. (a) Motor vehicles (i) owned by members or auxiliary members of a volunteer rescue squad or volunteer fire department or persons appointed to serve as auxiliary police officers pursuant to Code of Virginia, § 15.2-1731, or persons who serve as auxiliary, reserve, or special duty sheriffs collectively, "auxiliary deputy sheriff') or (ii) leased by members or auxiliary members of a volunteer rescue squad or volunteer fire department or by an auxiliary deputy sheriff if the memberep rson is obligated by the terms of the lease to pay tangible personal property tax er-on the motor vehicle hereby constitute a separate classification for tangible personal property taxation, subject to the standards, conditions and requirements provided in this section. (b) For any tax year, only one motor vehicle per owner may be separately classified pursuant to subsection (a); however, if a volunteer rescue squad or fire department member and an auxiliary member are members of the same household, that household shall be allowed no more than two special classifications. (c) To qualify for separate classification under this section, the motor vehicle must: (1) Be owned or leased by a member or auxiliary member of a volunteer rescue squad or volunteer fire department or auxiliary deputy sheriff or owned by a person appointed to serve as an auxiliary police officer pursuant to Code of Virginia, § 15.2-1731; 0623:98181.1 (2) Be used regularly by the member to respond to rescue squad, fire department or police department emergency calls or used by a member who regularly performs other duties for the rescue squad, fire department or police department-, or is regularly used by the auxiliary deputy sheriff to respond to auxiliary deputy sheriff duties; and (3) Be used for such calls or to perform such other duties more often than any other motor vehicle owned by the member or deputy. (d) Any member or auxiliary member of a volunteer rescue squad or volunteer fire department or person appointed to serve as an auxiliary police officer pursuant to Code of Virginia, § 15.2-1731, or auxiliary deputy sheriff who seeks to have a motor vehicle separately classified for a tax year under this section must, prior to January 31 of the tax year, furnish the commissioner of the revenue with a certification, signed under oath by the fire chief or head of the member's volunteer organization or department stating that: (1) The member is a member of the organization or department; (2) The member regularly responded to emergency calls received by the organization or department or regularly performed other duties for the organization or department during the previous calendar year; (3) The motor vehicle for which a separate classification is sought was regularly used to respond to such calls or to perform such other duties; and (4) Such motor vehicle was used for such calls more often than any other vehicle owned by the member. (e) Any member or auxiliary member of a volunteer rescue squad or volunteer fire department or person appointed to serve as an auxiliary police officer or auxiliary deputy sheriff may replace a motor vehicle certified pursuant to this section as of January 31 of the current tax year at the time that the certified vehicle is sold or transferred. (f) Notwithstanding the January 31 deadline provided by subsections (d) and (e), the commissioner of revenue shall be authorized, in his discretion, and for good cause shown and without fault on the part of the member, to accept a certification after January 31. (2) That this ordinance shall become effective immediately upon adoption. "1 4 0 0623:98181.1 2 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: April 26, 2017 Item Number: 12.D.3.b. Subiect: Set Date for Public Hearing to Consider Amendments to Section 10-10 of the County Code Related to Service Fees for Emergency Ambulance Transport County Administrator's Comments: County Administrator: Board Action Rec Set May 24, 2017, as a public hearing to consider amendments to the County Code related to service fees for emergency ambulance transport. Summary of Information: The Board is requested to schedule a public hearing on the proposed changes to the ordinance regarding service fees charged for emergency ambulance transports, fees for other emergency medical services as might be approved, and additional technical changes. The ambulance transport fee was established to recover costs typically reimbursed by Medicare and commercial insurance companies for the cost of emergency transport services and to enhance emergency medical services. The allowable Medicare reimbursement rates for emergency medical care and transportation are adjusted annually and are higher than Chesterfield's current charges. The requested changes in the emergency ambulance transport fee schedule would allow the county to recover costs in accordance with current allowable insurance and Medicare rates without further ordinance updates. This change has been recommended by the Internal Audit Department and is supported by the Fire and EMS Department. This rate change will take effect immediately upon adoption to maximize reimbursements from Medicare and private insurance to the county without delay. Preparer: Edward L. Senter, Jr. Title: Fire Chief Attachments: Yes F-1 No CHESTERFIELD COUNTY Page 2 of 2 BOARD OF SUPERVISORS AGENDA A paragraph was also added to the ordinance allowing for fees to be charged, only after approved by resolution of the Board, for other emergency medical services not currently covered by the Medicare fee structure. '9 0 1.4 2 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 10-10 RELATING TO SERVICE FEES FOR EMERGENCY AMBULANCE TRANSPORT BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 10-10 of the Code of the County of Chested eld, 1997, as amended, is amended and re-enacted to read as, follows: (a) Pursuant to Code of Virginia, § 32.1-111.14, it is hereby determined and declared that the exercise of the powers and duties set forth herein is necessary to assure the provision of adequate and continuing emergency services and to preserve, protect and promote the public health, safety and general welfare. (b) Definitions. The following definitions shall apply to ambulance charges: Basic life support (BLS), Advanced life support level I (ALS -1), and Advanced life support level 2 (ALS -2) shall be those services as defined by applicable federal or state regulations and administered in accordance with applicable law. Ground transport mileage (GTM) shall be assessed from the location of the point of pick-up of the patient to a hospital or other facility where a patient is transported. (c) The r^'��rates for emergency ambulance transport services provided by the county department of fire and emergency medical services (including any volunteer rescue squad with which the county fire and EMS has a billing agreement) shall be set at 135% of the Medicare Allowable Charges, as established by the Centers for Medicare & Medicaid Services. The schedule of rates shall be published by the county department of fire and EMS.asf SeEviee Fee BL -9 $465.00 ALS—1- 552.00 ALS -2 799.00 GTN4 10. 00 per- patient leaded mile in addition to t eA ehafges Reasonable fees may also be charged for services provided by the county department of fire and emergency medical services (including any volunteer rescue squad with which the county fire and EMS has a billing agreement) and which are not covered by the Medicare Allowable Fee Schedule. The schedule of fees for these services shall be established by resolution. (d)Le) The chief of the county department of fire and emergency medical services is hereby authorized and directed to establish policies and procedures, and to execute and maintain documentation necessary for the administration of this program, including, but not limited to, a subscription program for county residents or other eligible persons, and payment standards for those persons who demonstrate economic hardship, as permitted by applicable law. 14.3 3025:98175.1 (2) That this ordinance shall become effective immediately upon adoption. RUM 3025:98175.1 A 1749 .1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: April 26, 2017 Item Number: 12.D.3.c. Subiect: Set Date for Public Hearing on Code Amendment Relating to Commercial and Industrial Uses (17PJ0119) County Administrator's Comments: County Administrator; Set May 24, 2017 for public hearing on the attached Code Amendment relating to Commercial and Industrial uses. Summary of Information: On March 21, 2017, the Planning Commission held a public hearing on the proposed amendment. The public hearing was closed and a decision was deferred to April 18, 2017. On April 18, 2017, the Commission, on a vote of 5-0, recommended approval of the attached amendment. A detailed description of the project is attached along with the proposed amendment. The major highlights of the proposed changes can be found on pages 4 and 5 of the attached Background Paper. Attachments: • Background Paper • Attachment A -Existing Use Matrix • Attachment B -Proposed Ordinance • Attachment C -Explanation of Proposed Amendment Preparer: Kirkland A. Turner Title: Director of Planni Attachments: Yes No #7a 014 5 Background Paper E9zm 4/19/2017 111 11111 Background Paper PROJECT: Asrecommended bythe comprehensive plan,evaluate industrial uses and the districts im which they are permitted by right, with restrictions, or with conditional use. The industrial uses enumerated in the zoning ordinance have not been comprehensively evaluated since the early 1970's. Many new uses and technologies have evolved since that time. The Qua| is to determine if any such uses should be changed to a different zoning category based upon current technology, to add additional uses based upon evolving industries, and to accommodate targeted industries necessary forasLronganddiverseeoonomy.BasedupunLheeva|uadon'thep|amsugQeststhat the ordinance beamended, asappropriate. The Planning Deportment, in concert with the Economic Development Department, evaluated the enumerated industrial uses ineach zoning category and also identified industrial uses which are not specifically addressed by the current ordinance. During this process, a limited number of commercial uses were identified for possible amendment. A 2012 Richmond Regional Planning District study comparing various localities' industrial districts and permitted uses permitted was used to benchmark Chesterfield's ordinance with Henrico, Richmond, Caroline, Prince William, Stafford, Charlottesville, Virginia 0euuh' Norfolk, Chesapeake, Loudoun and Fairfax. The recommendations herein would place Chesterfield in a competitive market with similar localities in the Commonwealth. The amendment will require public input and hearings by the Planning Commission and Board of Supervisors. The Planning Commission held work sessions in December 2016 and February 2017 and a public hearing on March 21' 2O17.The public hearing was closed and adecision was deferred to April 2017. The Board of Supervisors, following a recommendation by the Planning Commission, will make the final decision. Prior to formal public meetings and hearings, the proposed amendment was posted to the web for public comment. There were no comments received. During this period' the Economic Development Department continued to evaluate the emerging craft brewery, distillery and winery industries and based upon their recommendation, the proposal was amended to allow consideration of permitting outside dining and nightclubs asaccessory insuch uses. Background Paper IMPLEMENTATION OF THE COMPREHENSIVE PLAN Attachment A shows the industrial uses permitted byright, with restrictions, and with conditional use in the existing ordinance. The C~4and C-5 Districts are included in the matrix assome industrial uses are either permitted by right or with restrictions in those districts. Generally, those uses permitted by right in the Light Industrial(I-1) District are allowed in General Business(C-S) Districts. In addition, the current ordinance allows in Agricultural(A) by conditional use most uses permitted byright, with restrictions, or with conditional use in the commercial and industrial districts; therefore, the Agricultural (A) District has been included inthe matrix. The following map depicts those areas currently zoned to permit industrial uses and the estimated acreages of each zoning district: Land Use Plan mdww 18572�A4,rC�s � ooip~alpuff(ceRev?".^&o=wpn=**mfn&smm- Q,112.8,am,os m�mrA=*L;W**S^ w3 38kren nW�KIW*upPav°-°ovY, Ac,° ��r�� 0��u 2 Background Paper T-roposed Ordinance and Existing Land Use Plan Attachment B is a blackine version showing the corresponding amendments. Generally, it is recommended that the ordinance be amended to bring the districts in which particular industrial uses are permitted in line with localities benchmarked in the 2012 Richmond Regional Planning District study. The following comprehensive plan land use map depicts those areas designated for zoning that would accommodate industrial uses and the estimated acreage within each land use category. This map isone of many tools used by staff, the Planning Commission and Board of Supervisors to guide rezoning and other land use decisions. MT FkIP4!ZMI Legend -Zoning C-4 -84375ACM S 11 C-5 - 2471 e4 ACICS �� u 3 Background Paper IMPLEMENTATION OF THE COMPREHENSIVE PLAN Overview of Specific Uses Following isanoverview of some ofthe uses addressed bythe proposed ordinance. Amore detailed explanation ofeach change can befound inAttachment L �+ NEW USES— Itisrecommended that the following new uses beadded: " Data center ° Data services office � Dye manufacturing � Furniture and fixtures manufacturing, assembly only from finished materials w Outside dining w Mattress manufacturing, assembly only from finished materials w Nuclear medicine preparations manufacturing * Perfume manufacturing w Printing ink manufacturing m Railroad car manufacturing ° Soap manufacturing w Tire manufacturing � |nsome cases, the existing ordinance does not address these uses orthe uses are not enumerated based upon current terminology. Further, there have been gate law changes that oUovv these uses in conjunction with form use, and without an associated restaurant. The recommended amendment addresses the state law changes and market trends. In addition, nightclub and outside dining xvuu|d be permitted as accessory to these uses in certain �USES RECOMMENDED FOR CHANGES WHERE PERMITTED BY RIGHT, WITH RESTRIcriONS OR ° Asbestos product manufacturing -Currently pennitted by right in 1-3. Recommend aconditional use in |-3. * Conference center -Currently allowed inC-S.Recommend not beallowed in[-5.|naddition, allow asorestricted use inO-2and with oconditional use in| -1. w Crematorium -Currently a conditional use in in |-1 Recommend usarestricted use inO-2and (-2 through C-4 as accessory to a funeral home or veterinary hospital. Recommend as a permitted use inC-S'|-1through |'3. • Floor manufacturing -Currently a restricted use in C-4 and a permitted use in C-5 and 1-1 through I- 3. Recommend use not be allowed as a restricted use in C-4 and not be allowed in C-5 and 1-1. w Greenhouse, wholesale -Currently a restricted use in 1-1. Recommend the use not be permitted in I- 1. • Mass transportation -Recommend use bepermitted inC-4. w Mini-storage/mini-warehouse facility- Use currently permitted in 1-2 and 1-3. Recommend use not be permitted in those districts. ��~�A �K��^�u � Background Paper IMPLEMENTATION OF THE COMPREHENSIVE PLAN * Restaurants, carry out and fast food -Uses currently not allowed inindustrial districts within project of 25 acres or more. Recommend the uses bepermitted with restrictions insuch projects. ~ Storage, outside -Currently allowed in A Districts with a conditional use. Recommend use not be allowed byconditional use. • Warehouse, accessory to principal use- Currently allowed in A Districts with o conditional use. Recommend use not beallowed byconditional use. �ANTIQUATED USES OR RESTRICTIONS FOR SPECIFIC USES PROPOSED TO BE ELIMINATED • Junkyards; Construction, Demolition and Debris Landfills; Borrow Pits; Mines; and Quarries -The existing ordinance outlines the standards under which each one of these uses is either allowed with restrictions or with conditional use. The recommended amendment would require a conditional use and eliminate antiquated standards developed in the late 1960's and early 1970's. In many cases the uses are regulated by state and 6e6eo| laws. Through the zoning process, additional standards may beapplied Loaddress site specific conditions. * Dead animal incinerating, reducing, ordumping for compensation- This use is proposed to he eliminated and would be covered under either a sanitary landfill or crematorium. �, CORRECT OVERSIGHT IN RECENT ORDINANCE RECODIFICATION o Conditional uses for commercial or industrial uses inAgricultural (A) DistrictsGenemUy, in an Agricultural (A) District, the ordinance allows by conditional use any commercial or industrial use permitted by right' with restrictions, or by conditional use in office, commercial or industrial districts. During the ecodification'sevem| uses were overlooked. The recommendation is to correct the oversight and a||ovv motor vehicle service station, unmanned and warehouse, principal use with conditional use inAgricultural (A) Districts. w Retail sale ofgoods orarticles manufactured orassembled asaccesoorytoapennitteduse-Thb use was inadvertently omitted from the use list as o restricted use in industrial districts. Recommend that the use be added. � ordinance generally establishes that any use permitted by right or with conditional use in industrial districtsbeallowed by conditional use in Agricultural (4) Districts. Therefore, the proposed amendment ca/hes this philosophy forward byadding the new uses enumerated in the industrial districts as uses permitted by conditional use inAgricultural (A) Districts. �PARKING REQUIREMENTS FOR OUTSIDE DINING AND MANUFACTURING AREA FOR BREWERIES, DISTILLERIES AND WINERIES- The ordinance includes provisions for parking requirements for these � �� 3, 51' 5 Use MAR. RIP N M M M E E M 0 Y�Pt A -an iME; Conditional Use S=ouA--ry A=C cVt Zoning Districts d. A 04 0-2 C -I C-2 C-3 C-4 C-5 1-1 1-2 1-3 Abrasive products rusatufacturing C p Access (public or private) to accommodate nonresidential development in an A, 0, C or I district or used for office, business or industrial propose R P P P P P P P P P P Accessory uses not otherwise listed or proldbited which are customarily accessory and incidental to permitted use A A A A A A A A A A A Adult business C C C C Airport C C C C C Alternative financial institution C C C C Ammunition and necessaries manufacturing and storage C Amusement goods manufacturing C R(2) P P P P Annual (dead) indnertiting, reducing or dumping for compensation, including loading or transfer thereof C C Antique shop, excluding Pawnbroker, Flea Mm,kcl, Second Hand and Consignment Store C p p p P C C C Apparel mmufacturing C R(2) P P I P P Appliance Appliance i—jacturing, Itouseltold C R(Z) P P P P Applimwe slore C P p p p C C C Arena C Artist material Ar&t midetiat inanufixturing C R(2) P P p p Arhst matenal mWl# store C 11(I) P P P P R(3) R(3) R(3) Art gallery at, museum C P P P P P C C C Asbestos product manufacturing C p Assisted living without dwelling units for assisted living with dwelling units refer to dwellht& multiple -family C P p p P C C I C I I Astrologist C C C C Athletic AtIdetkfieldprivae.5, o,--" C R R R R R R R R(3) W3) R(3) .4ftkficjkldpubIkIy operated P R R R R R R R P P P Athletic goods manq/4chiring C p p p P sales es C JR'j I R C I C Restrictions A=Accessary C=Conditional Use Use ZanhtaDistricts A 0-1 0-2 C-1 C-2 C-3 CA C-5 1-1 1-11 1-3 Automobile Aummobife arcentuy store C R R R P P R(3) W3) R(3) Automobile consigionent lot C C C C AuffintoWe mamobehuft P AuminoWerentat C R R R P C C C ,,lubinoWe repair, excluding bo*, nu#or engine or C tral"InhVion R R P C C AminnoWe rep* including body, nzi#or engine or transmission R C C Auhnnobife safes, eArhuting C consignment lot R R P C C Anionwhife selfservke station C R R R R R R(3) P P Aumnsobite sey-service station, unmanned R R R R R(3) P P ,tuivinobife servvre s*dkn C R R R p P Automobfie Me leader C C C C Aulonwbilestorage lat R R P P Autontobdetowlat C R R Aulmnobfie trash C R P P C C C Bakery Baker y gootft store C R(1)1 P P P P P W3), R(3). R(3) Bakery products mangf-turing C R(2) P P P Banks with or without drive-in C window R( 1) P P P P P R(3) R(3) R(3) Barber shop C R(1) P P P P P R(3) R(3) R(3) Beauty shop C R(l) P P P P P R(3) W3) R(3) Bicycle sale mid rental C P P P P C C C Blast flarnace C p Blending, mixing and compounding C of manufactured goods R(2) P P P P Boardinghouse C Boat Boat nvaulf"Atring C p Boat sales, senice, repair and C rental R I p p Bookstore C WI) P P P P P I R(3) R(3) W3) Bondsman C C C C Borrow Pit (Conditional Use is subject to the restrictions for borrow C pit in 1-3 Districts outlined in See. 19.1-53) C R Brandy and braudy spirits C manufacturing R(2) pp p P Broom manufacturing C R(Z) P P p P Brushmanuracturing C R(21) P p p p PRI 1 41. IP'. I P tic Wal 9(=-413. opm- U' RasUictians A=Accessy C=C-ditionalUse Use Zoningliistricts A 0-1 0-2 C-I� C-Z C-3 CA C-5 11 1-2 13 Building materials sales yard, C R P P excluding concrete mixing Business frout the home Bus&esxj)vPu Me home, loin R occupaiYon Businessj)vnz the 1wine, other than a home occaw&n' operated by Me pe-on(S) IAO reske on the preinises caul who C are. the onner(s) of the business not to include one cha&, beauty or barber shoA orftniA07 &(v care home Businessftont the Itonw; beauty S or barber shop), one chair B-&—j)vnj the house, beamy or barber shoA snore fitan one C chair Button manufacturing C R(2) P P P P Cabinet maker's office and display room C P p P C C C Camera store C R(l) P P P P P R(3) R(3) R(3) Coady store C R(1) P P P P P R(3) R(3) R(3) Cane manufacturing C R(2) P P p p Card reader C C C C Cailwitter's office and display room C P P P C C C Carport sales C R C C Catering establishment C P P P P P P P Cement (hydraulic) manufacturing C P Cemetery C Check cashing Check cashing incidental use R R R R R P(3) R(3) R(3) Cluck cashing prianny use C C C C Chemical and allied products C p manufacturing Chrome plating and arredi2ing C P Church P P P P P P P C C C Clairvoyant C C C C Clay products (Anictural) C manufacturing Clinic, medical, dental or optical C R P R P P P P R(3) W3) R(3) Clock manufacturing C I R(2)1 P P P P Clothingstore C P P I P P C C C Club or lodge Club or lartgeftaternal, non- C C C C C P P P C C C POP Club or lodgejhzirrnal, profit C C C C P P P C C C Coal storage C P Costing mid allied services C R(2) P P P P Cocktail lourige C P p P C C C Coffet products manufacturing C R(2) P P P P t .5 Rasa istions A=Ai,—ry C=C-ditional Use: _ ryr� so,i' ' M, = 14 fanyfutureri.IL.m. Use Zotiin Districts A. 0-1 0-2 C-1 C-2 C-3 CA C -S 1-1 I-2 L3 Coke storage C P Cold storage C R(2) P P P P Columb ariunt R R R R R R R Commercial vehicle parking with associated residential use, excluding P schools bus parking Communication Conummicadion equipment C R(2) P P P P nuut;#ilcluring Conuauanicatlon qp%e C P P P P P P P P Coinnunaieatian snudl cell R R R R R R R R R R R Contnuanicidmn studio mut C P P P P P P P P sdMdon Communication Imaer R R R R R R R R R R P Computer equipment manufacturing C R(2) P P P P Concrete products manufacturing C P Confectionery and related products C R(2) P P P P manufacturing Conference center C P P C C Consignment store, excluding motor C P P P C C C vehicle Construction buildingitrailer, R R R R R R R R R R R temporary Consumer finance company C C C C Contractor's Coadraetor s offke and ddsphay Motu C P P P C C C Contractor Is offIve, shop mud C R P p storage yard Controlling instrument C R(2) P P P P manufacturing Convenience store C R(1) P P P P P R(3) R(3) R(3) Cooking oils manufacturing, C P P excluding animal and marine fads Cosmetic manufacturing C R(2) P P P P (compounding only) Cottonseed oil milling C P P Craniologist C C C C Crematorh C C P Curio shop C P P P P I C C I dP Dairy products manufacturing C P t .5 V = F—ifted bylbgbt Kondltli= Porinittedi with Restrictions A-Accessory C= ConditionlUse Use %Zontin A 0-1 0-2 C-I C-2 C-3 CA C-5 1-1 1-22 1-3 Day ewe P4T rare, adult C P P P P P P P R(3) R(3) R(3) Day care, child C I P P P P P p P R(3), R(3), R(3) Day care, fam4l (Iq care home R I Department store C P p P P C I C C Discarded material storage C Display, outside R R R R C C Drugstore C R R(I) P P P P P R(3) R(3) R(3) Dry Cleaning Dry cleaning pick up, drop off, C R(l) P P P P P R(3) R(3) R(3) and coin operated Dry clemung plant C R(2)1 P P P P Dwelling DfveH&gjbr the onto operates P p p P p P P C C C of business an the inoperly Driviling, mullYple-f-id(v C R R R C C Divefting, singlefivni#, P R R R R R R R Duelling, singlefivnio, McwWrtdea into a building R R R R R R R with ajwrmAled non-imArkniYal use DwIfing, health care unit 14velling, lonwhouse C R R R C C Dwileffing, Ork-di-Ifty C Dwellaig two separme dwelling C units on one lot Electricpower E, lech* pinve r plant 1-oda cing C C electric*,fibrothers Electra power transforming C P P station Electrk ponrr Wind Energy R R R R R RI R I RI R R R Electrical Electrical equipment C R(2) I P P P P --nipe"'Ang Elearkal hidurtrial *parmus C P p Elecirkalinachbierp, equipment and supply C P P ma aurin Electrical supply sales, se)vke C p p P C C C anti display room Electrical frausstdWon and distribsibn equipsient C P p —OaChIrAog Electronic component and C R(Z) P I P P p accessories nianufaduring I I Engraving and allied services C R(2) P P p p Event, limited R I I P Rcatrietions A=Accessory C= Conditional Use L Use Zimitng Districts A 0-1 0-21 C-1 C-2 C-3 CA I C-5 1-1 1-2 1-3 Exposition building or center C Eyewear sales mid service C R R R P P P P R(3) W3) W3) Fabric goods manufacturing C R(2) P P P P Farm Farm, less than 3 acres R Fann, 3 acres or more P Fann isinejy P Farm equipment, implement mid C R C C machinery sales, repair and rental Fat mid oil manufacturing, smintal C and marine Feed Feedstorage C p P reedsaks C P P P C C C Fertilizer immufacturing C C Fire station C R Flavor extracts manufacturing C R(2) P P P P Flea market Rea market, indoor C P P P C C C Flea inarket, outdoor C C C C Floor manufacturing (linoleum, asphalt felt base and other hard C R(2) P P P p surface) I I Florist shop C R(J.) P P P P P R(3) W3) R(3) Food preparation manufacturing, C P P not otherwise listed Fortune teller C C C C Foundry (non-ferrous)/other C P primarymetal Industry Fraternity in conjunction with school C Freight for'"Wiling, packaging and crating services, excluding truck C R(2), R P p P terminal Fruit canning mid preserving C P Fuel storage and distribution Fuel storage and distnUdion, prhWestin gas or lAquid 401 C P P storage less than 18,000 gallons or tithe et rue] storage and WvhiNdion, pebviewn gas or liquid iWilt C C P storage of 18, 000 to 50,000 gallons or calieftet fuel storage and pefrokunt gas or I*k isifit no C I Is j storage Mynit I I I I A10 03 15 Use S A F=Prrnn"m by fught R`an d RN = Pnuttw —u, Renrictions A-A—wry C=C.nditiou.IUs� S -dl F—fi.. 7..oitih Districts 01 0-2 C-1 C-2 C-3 CA C-5 1-1 1-2 1-3 Funeral honte C P P p P p C C C Fur dressing and dyeing C R(Z) P P P P Furniture mid fixtures rArrafture raid jtalrrrrsaamnfhchnlag C p p Puncture andjh1ures store C P P P P C C C Garage Garage Widing saks C R C C Curage, phW* accessory to &wlfine A Garage, put4k C R C C Garl)age incinerating, reducing or durnping far compensation, including loading or transfer C C Gas, natural or manufactured Gu, nalmraf or inansifixture4 PrO&Cdon Plant C P C,u, natural or inamaj'befured slorageand dirftUtionpoints C p Gift shop C P P P P C C C Glass mid glassware manufacturing C p Goff course C R Govertunent building C Grain Graut null products —0 -taring C p Gratin sforeW C P p Graveyard p Greenhouse Greenhouse, conunerrial retaft C R P P P C C C Greenhouse, nfwks4fe C R P P Grocery store C R(l) P R R P P W3) R(3) R(3) Group care facility C P P P P P P C C C Gypsmn products manufacturing C P Halfway house C C C C C C C Hardware store C R(I) P P P P P R(3) R(3) R(3) Health dub C R(l) P P P P R(3) R(3) R(3) Renting supply sales, service and display room C p p p C C C Robby store C P P P P C C C Horne center C P P P C C C Horne entertainment sales mid service C P p P p p C C C Hospital C R R P P P C C C Hotel C R(I) P P P R C C Ice Ice nuumftefuring C I p P Ice sales C — P P P C C C U 9 5 3 Use -: nemut P_... t an = eemstt vn s.... Restrutions A-Ascesaorp C=Canditimxal Use . . mufar oning Districts A r.... 0-1 0-2 C-1 �Gn C-2 C3 C4 .. C-5 I -L I-2 I-3 Industrial fibers manufacturing C P Intercom accessory to permitted use R R R R R R(3) R(3) R(3) Iron foundry C P Jewelry J—hy nuuen_ febtring C R(2) P P P P Jenrhy store C P P P P C C C Junkyard C R Kennel Kenne; comenerchd C C C P P P C C C Kennel, private P Laboratory Laboralmy, rental or medical, primary ase C P P P P P P P P Laboralmy, rental or medical, in eonjanchon nft a med(cal or dente[ q,Q7ce or clink on the property C P P P P P P P P P P Laborahny, other C, R(2) P P P P Lamp shade manufacturing C R(2) P P P P Landfill Lrarlv7ll, construction, denroMon and debris (Conditional. Use is sabjact m el+o S¢c. 19.1-51.D.3.) C C C C C C C C C LanVff, sanitary C C Laundromat C R(I) P P P P P R(3) R(3) R(3) Leather Leather tanning C P Leatherprodacts ma WWchning, excluding tannin C R(2) P P P P Legal service facility, non-profit C Library library, private C P P P P P P C C C Library; publk P P P P P P P C C C Lighting equipment manufacturing C R(2) P I P P P Liquor mzmufacturing Liquor nuanfiiectaring, blemift and recgfting only excluding matt C R(2) P P P P Liquormrmafhehaingjrom rttW entderials excluding nuatf C P P Liquor store C P P P C C C Locksmith C P P P P C C C Lumber products manufacturing, excludingFurffittu•e and fhlure manufacturing C P Machine shop C R(2) P P P P Machinery monutacturhn,& excluding Electrical machinery, equipment and supplies manufacturing C P 1 201 1221Z E Ell XMd KN= rarMitted Wh "RiPervIM41t W, 3dandmutr2d Home Use Zonis a: Districts A 0-1 0-2 C-I. C-2 C-3 CA C-5 1-1 1-2 1-3 Magazine store C R(l) P P P P P R(3) R(3) R(.1) Mailing services C P P P P C C C Maintenance and grounds keeping buildingprivate accessory to d"',at within which located Malt and malt liquor manufacturing C p Manufactured home Manqfarfured1wine RS M--qjbct-ed lion-, tempormy M M M M Miusqfactured Itomesalew, C R C C ,service, repair and rented Manql7whired1wine P inannYwchrrint Marine terminal C C C Massage clinic C P P P P P P P R(3) R(3) R(3) Mass transportation station/terminal C p P P Msdcb, manufacturing C P Meat Ment market C R(I) P P P p P P(3) R(3)1 P,(3)1 Me&nwWactudng C p Messenger service C p P P P P R(3) R(3) R(3) Metal products manufacturing Metalwkwis manglUctunng, fthricaedproducir not C, P P ofter"ire Wed Metalv&wfs indatupchinng, ftrmus metal robing mm2 C p ffrtsrung Metal pvt*wfs man"J71cluring non-ferrous sinefthig and C p re, Inhsg1mLYytg, d—vjWg or e,vIm&Wg Metal products manqPchinnro C sheet R(2) P P P P Microbrewery R R R R R P(3) R(3) R(S) Mineral products manufacturing, C P "Ormletalfic Mining (Conditional Use is subject to the restrictions for mining In 1-3 C C R Districts outlined in Sec. 19.1-53) Mint-storage/mini-Nvarehouse facility C R(2) P P p p Model bome in subdivision or development Model manufactured home in development Modular ]ionic sales, service, repair C R C C and rental Morticians' goods manufacturing C R(2) P P P P Mortuary C P Pr P p p C C C Motel C R C Motion picture production C R(2) P P P P , Go Use _.. eP itt y.:..... itan = mmitt wt t Restrictions A=truce—y C=C-ditional U. "P �M `Ztatin Districts A ,�.d. 0-1 0-21 C-1 C-2 C-3 '. C-4 CS 1-1 I-2 I-3 Motorcycle, go-cart, all -terrain vehicle or similar type vehide operation, non-commercial R R R R R R R R R R R Motor vehicle Motor vehicle manufacturing C P Motor vehicle rental C R P P Motor vehicle repair C R C C Motor vehicle safes P C C Motor vehicle selfservke station! rnnrmnned R(3) P P Motor vehicle storage lot R R P P Motor vehicle &k fender C C C C Motor vehicle tow lot C R R Moving company C R(2) P P P P Museum Museum, private{r operated C P P P P P P C C C Museum, pubticly operated P P P P P P P C C C Musical instrument and parts Musical instrument and pmts numuf}uturing C R(2) P P P P Musical instrraneent mad pmts store C P P P P C C C Newspaper store C R(I) P P P P P R(3) R(3) R(3) Nightclub C P P P C C C Noodle manufacturing C P P Notions manufacturing C R(2) P P P P Novelty manufacturing C R(2) P P P P Numerologist C C C C Nursinghome C P P P P P P C C C Occult science C C C C Office C P P P P P P P P P P Office, management accessory to, and for, development within which located Office supply Offkesupply ntanrfJkctnring C R(2) P P P P O,,Okesupp#,store C R(I) P P P P R(3) R(3) R(3) Off-trackbettingfacility C C Ott and fat manufacturing, animal mrd murine C C Optical goods manufacturing C R(2) P P P P Ordnance mid accessories manufacturing and storage C C Packaging film manufacturing C P Use A =+. ermateti y:_i at .:ala—.armxtt Rostrictimaa A=Accessory C=Conititimaa]Use' _* RSY M�tt�if°rnerr�l ' ZoatimtDistricts 0-1 0-2 C-1 C-2 C-3 CA C-5 I:-1 vnt 1-2 I-3 Paint Paint rrranrfractrming C P P Pabst store C R(1) P P P P P R(3) R(3) R(3) Palmist C C C C Pagner Paper carrenkin to paperboard prodiwis, C R(2)F P P P Paper, pulp and allied Prod-ftnnanrl/'aeluring C P Paper recycling by the chemical method C C C P Paper recycling by the Compaction method C R(2) P P P P Parking lot parking tori connnercial C R R R P P 3' 3 3 Parking lot; park and ride C P P P P P P Park Park; lnitote C R It 12 12 R R R R(3) R(3) R(3) Par,,; publie P R R R R R R R P P P Pasta manufacturing C P P Pawnbroker C C C C Paydaylender C C C C Pen manufacturing C R(2) P P P P Pencil manufacturing C R(2) P P P P Pet Petgroorming C R P P P P R(3) R(3) R(3) Pefshop C P P P P C C C Petroleum Petrolearm reflning and allied butusbies C C Petroleum storage and "rilmdon (see Fuelsibrage and dfFidbution, petrolean# Pharmaceutical products manufacturing C R(2) P P P P Photographic goods manufacturing C R(2) P P P P Photography studio C P P P P C C C Phrenologist C C C C Planned development C C C C C C C C C C C Plant nursery Plant nursery, retail C R P P P C C C Plant nuneq,»fsolesale C R P P Plaster products manufacturing C P Plastic products manufacturing C R(2) P P P P Phded ware manufacturing C R(2) P P P P Plumbing supply sales, service mid display room C PP P C C C Post office C" P P P P P C C C � O'Ll, IL 6 3 MARIZ1,14 z4mZMEzmM= y1upt Resukti— A=Aecesmry C: B Conditional Use Use lip Dititriets A 0-1 U2 C -I G 2 C-3 CA C-5 1-1 1-21 1-3 Pottery and related products C P P manufacturing Precious metals dealer C C C C Printing PHhhWg and alflea Manstift C R(2) P P P P Printing shop C R R R R C C Professional instruments C R(2) P P P P manufacturing Prophet C C C C Psychic C C C C Public address system, outside in C C C C C C P P conjunction with print use Public service vehicle parking with associated residential use, excluding school bus parking P Public utility service building, includingfocuities for construction or repair, or for the service or C R I P storage of utility materials or —M—t Publishing and allied industries C I R(2)1 P I P P P QumTyhig (Conditional Use is subject to the restrictions for C C R quarrying in 1-3 Districts outlined in Sec. 19.1-53) Radio sales and service C P P P P C C C Recreational I Recreafional establishment, C C P PP C I C C commetr4W-indoor RecmWomal estafflAftiprit4 C C C P R C C C comneirki-omWor Recreational equipment evel"ng boa&, sal-, service C R C C and repair Re. creadomal e(ptip-&, R R P P peuMng mdsturage RecreefiYonal neigldwrhood jhrfiftv prop -4 serving the C summytaing residential mmoulwly RecremYonalprivalefacifiYy -e-wry iii, -djbi; Me development in which Awafe(f Recreational, private accessory to dwelling Boal house A Pier A mvinum . HgPOOI A leymis comil A � O'Ll, IL 6 3 MMPRIP". PZMM3EMzMM= y1ugla A.MA =r—MW-M STtestrictions fi-aU�. io C -C..diM'= Mmufarwred,"Rome Use Zonfirg Districts A 0-1 0-2 C-1 C-2 C-3 C-4 1 C-5 1-1 1-2 1-3 Recycling Recyc&g —e&jW.* center, -cAu0jg -cVchng d -p -off C bins R R R C C Recycflng and processing ofafty YnatedW pemfted to be ountalbehired in the dAfrkt, C exceptpWr (see Paper RecychWO R(2) p p p p Rental Rental .rheafth q e(ptiputent C P P P P P P P Rental offtemy equilwitent C R P P Rental ofparr)7 eqrdpnent C P p P p P p p Rental ofsatall home hardunre, C toot and equiptient p P p p p p p Repair services, excluding motor C vehicle repair P p p C C C Residential ewe houre p Rescue squad C R Research mid development facility C I R(2)1 P I P P P Restaurant I Restaurant. carry -oat C R R P PI C C C Restauran4jUrtJood or drive -1n C C R R R I C C C Restaurant, xft doun C R(I) P P P P P I R(3), R(3) R(3), Rubber products manufacturing C I p Salad dressing manufacturing C p p Salvage barn C R C C Satellite dish C R R R R R R R R P P School S-hoo4 ad C p p p P P R R R School budness C p P P P P R R R School, dance C R P P P P R R R School, Inalwar arty P P P P R R R School njusk C R P P P P R R R School private C p p School public p p School vocational C R p p p R R R School bus parking in conjunction P with a residential use Scientific instruments marulacturing C R(Z) P p P p Seafood Se4ybod conning andpreserving C p Sei#bod inarket C R(l) P P P P P R(3) R(3) R(3) Second-hand store, excludinginotor C vehicle consignment lot I I I I p p p C C I C I I Use A Restrictions A=A,,—ryConditionaConditional Use AC Manufactured Home ZoninaDistricts 0-1 0-2 C-1 C-2 C-3 CA C-5 1-1 1-2 1-3 Seed Wes C p p P C C C Scmingroachinc sales, instruction and service C P p P P C C C Shed building soles C R C C Shoe repair shop C R(1) P P P P P R(3) R(I) R(3), sig.xl Sign, Compaki, CoftImIkd vaAahk message efeefronk C C C C C C C SIVt —Mf-fsFdng C P p Silverware manufacturing C R(2) P P P P Slaughterhouse C C Soft drink bottling and conning C R(2) P P P P Sorority in conjunction with school C Spice Manufacturing C R(2) P P P P Spiritual reader C C C C Sporthiggoods Sporting goods —Owfuring C R(2)1 P I P P P Spoithig goods, sales C P P P P C C C Stadium C Stationery store C R(I) P P P P P R(3) R(3) W3) Steam generation plant producing steam for others C C C Steel foundry p Stockyard C C Stone and cut stone products manufacturing p Storage buildings, accessory to dwelling A Storage, outside C R R R R R Sugar manufacturing C P p Syrup Manufacturing C R(2) P P P p Tailor shop C R(l) P P P P P R(3) R(3)1 W3) I Taxidermy C P P P C C I C Tealeafreader C C C C Teamanufacturing C R(2) P P P P Telegraph service C P P P P P R(3) W3) R(3) Telephone exchange C P P P P P C C C Telephone soles and service C P P P p C C I C Television salts and service C P P P p C C Textile mill products manufacturing C P P — HC p P Use = mmttt y tt an = crural �n Rcxtrictions A=Accossory C=Conditional Use •. _ +�wiidntt M= h, Home ZontrizDistricts A 0-1 0-2 C-1 C-2 C-3 CA C 5 1-1 1-2 1-3 Theater TheatersAduwu C P P P C C C Deater dirlre-in C R C C Tire Tire recopying C P P Tire umtcaniing C P P Tobacco products manufacturing C P P Toiletry manufacturing (compounding only) C R(2) P P P P Toy Toy uuaulJhctaring C R(2) P P P P Toy stare C P P P P C C C Tractor traller service station C C C Trailer manufacturing C P Transportation equipment manufacturing C P Travel agency C P P P P P P P P P Travel trailer Tranelf afierpark C R C C Travel frailer sales, service, repair and rental C R C C Truck Track rental C R P P Track tenninal C C R P P Umbrella manufacturing C R(2) P P P P Utility trailer Utility trailer rental C R. P P Oility hailer sales, servrce and repair C R C C Utility uses requiring a structure but not Including; water and wastewater Hues and appurtenances; service lines to constmrers; and below or above ground cables, wires or pipes, when the uses are located in easements C R. R R R R R. R R R R Varnish manufacturing C P P Vegetable cmmingand preserving C P Vendor Vendor, outdoor, Otrishrms frees C R R R R C C Vendor, outdoor, preparedJooa4 jYu#amiregetabie C R R R R C C Veterinary Veterinary clhtic C R R R P P P P R(3) R(3) R(3) Velerinary fraspital C P P P C C C Video rental and sales store C R(i) P P P P P R(3) R(3) R(3) Wallpaper store C R(I) P P P P P I R(3) R(3) R(3) D,V 6124(2015 MOW 6122(2016 '.G7 M[WATO AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 19.1-52,19.1-53,19.1-54, 19.1-236 and 19.1-570 OF THE ZONING ORDINANCE RELATIVE TO COMMERCIAL AND INDUSTRIAL USES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section] 9.1-52, 19.1-53, 19.1-54, 19.1-236 and 19.1-570 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted, to read as follows: Chapter 19.1 ZONING 000 000 D. Special Limitations for Specific Uses. The following uses shall be subject to the limitations as specified: 000 :'j ATTACHMENT B -PROPOSED ORDINANCE J16' `0 ATTACHMENT B -PROPOSED ORDINANCE g—.4-3o4ff s-m"etbo4is- ATTACHMENT B-PROPOSED ORDINANCE 000 ATTACHMENT B -PROPOSED ORDINANCE J'ICO A 73 Asbestos productmanufacturing it i NEW= III 0 Conferencecenter EME ■MME MMM Crematorium EME noun=== �-11 MMM■MMEM M MEMMUMUMMM Dataserviresq Dining,outside EMEMMMEMMMM Li MMMMMMMMMMM EMEMMMEMMMM MOMMM MM J'ICO A 73 Use ermine by.i t m� �'= .er tied wl r estrie ns A=Accessary C = Conditional Use AT - Manufactured Home FmA = Zonin Distracts A at 0-2 C -i C -a c.:s C-4 c s z -i 1.2 r -a axe-,,,rraex� P 000 Floor manufacturing (linoleum, asphalt -felt base and other hard surface) C R(2) P P P P 000 Ilurniture and fixtures Turn&ure mtdibigres mmmefacttairep assemble orate C R(2) P P P rwnfinre mtdfsdm es mmetiractming rom raw materials C P P 000 Greenhouse, wholesale C R P P 000 Junkyard CC 000 Lmtd(Hi, coruiruedon, demolition road debris �uuuwawrs+„- s ar sa 044 C C C C C C C C C 000 Liquor emauding mal - E P P P Mquor Fwwmate E P P 'Uquoitistowe G 000 P 000 Mass transportation station terminalC P P P P 000 Mattress Mattress mmmAchrrft assemble only front fished materlala C R(2) P P P Md&ess mwmfacPr r&,e firm rmvmateridls C — P — P 20 J, 17 MY =onn a y,:t.an '= a tu: estr tions A--Accessory C = Conditional Use Use Zoning Districts A . '0-1 0-2 GI c.2 C-a CA c-.® f-r 1-2 1.3 000 000 Mining C oee 19.153) C K Mini-storage/mini-warehouse facility C R(2) P P PC PC 000 .Hotorvehicle seyse»,rce sftdory ummwuted R(3) P P 000 Nightclub C P P P RG RU R 000 Nuclear medicine preparations C manufacturing P 000 Perfttmemanufacturing C P P 000 Plana nursery, wholesale C 77777,p 000 Prlrttkw LOk mwurfaelru*o C P P 000 Quarrying {litiettal leis subjeet C DiStFiEtS Outlined in see. 194 53) C RC 000 Railroad car manufacturing C P 000 Restaurant Restwtrwt; every-out C R R P P GR (3) GR(3) GR(3) Restwrrwr, fast food or ebive-iu C C R R R OR(3) ER(3) GR(3) 000 Retail sale of goods or articles manufactured or assembled as accessory to a permitted use R R R 000 $oap manufacturing C P P J03 175 "3 ,A -0176 _. Pennitted by an Ript R flo=Fest nittedrAthReArktions A=Accessory C= Conditional Use S—WE.—tian m = Ma Use nufft ZoningIllstricts ctu"LawaxILM" A 0-1 0-2 C-1 I C-2 1 C-3 1 C-4 C, 5 1 11 1 1-2 1 1-3 000 Storage, outside C "I IR I R I RI I R I R 000 Tire, manafawaing C I I I I E 000 Warehouse, accessory to penmilleduse 4-= R R I R P P I P P Warehouse, primipal use C I I I R(2)1 P I P I P P 000 Wine Oxelu&flg fffi-M R -R) P p p p Winery, cruel C R(I) R R R R R(3) PHhety, /WfM p Wine. maWfEftaing 000 "3 ,A -0176 ATTACHMENT B -PROPOSED ORDINANCE Those uses listed as "R" or "RS" in Table 19.1-52.A. shall be permitted in the respective zoning districts provided that the restrictions as outlined below are met. If the restrictions cannot be met, the use may be allowed in the respective zoning district through either a Conditional Use or Special Exception. 000 4-3-DhMet- ATTACHMENT B -PROPOSED ORDINANCE 1. C-2 DistActs: a. Use is accessory to a restaurant, b. Use produces primarily for on-site consumption or sale-, c. Yearly, use produces a maximum of 10,000 barrels, each holding no more than 31 gallons o beer or other malt liquors, and d. Maximum of 10 persons are engaged in the production of beer or malt liquors. 2. C-3, C-4, C-5 Districts: a. Use produces primarily for on-site consumption or sale-, and b. Yearlv. use produces amaximum of 10.000 barrels, each holding no more than 31 siallons of beer or other malt liquors,-, and c. Maximum of 15 persons are engaged in the production of beer or malt. 000 z"M 1. 0-2 Distiiet C-2, C-3, C-4, C-5 Districts: a. Use is accessory to a funeral home,, b. Cremation is limited to only those bodies that will be serviced at the location of the funeral h2ML c. Cremation is limited to one body at a time-, and d. The crematorium is located within the same structure as the funeral home. 2. C-3, C-4, C-5 Districts a. Use is accessory to a veterinary hospital; b. Cremation is limited to only those bodies that will be serviced at the location of the veterinary hospital; c. Cremation is limited to one body at a time; and d. The crematorium is located within the same structure as the veterinary hospital. ATTACHMENT B -PROPOSED ORDINANCE C-32 C-4 Districts 1-1 District: a. Outside associated utility infrastructure is limited to a maximum of one generator, b. Outside generator area does not exceed the gr . eater of 200 square feet, or 1 percent of the gross floor area of the principal use; and c. Outside generator is screened in accordance with Section 19.1-319. 000 C-2, C-3, C-4, C-5 Districts 1-1, 1-2,1-3 Districts: a. Use is accessory to a permitted or restricted use; b. Area conforms to the parking setback requirements of the district-, c. Area is located within courtyard areas, covered sidewalks, or patios generally abutting the use to which it is accessory, d. Area is delineated by buildings, fences, landscaping, other similar barriers, or a combination thereof. all of which are comnatible with the desip-ii and architecture of the vrincival use; and e. Pedestrian ways are not obstructed. 000 DisfilleM er-aft 1. C-2 Distincts: a. Use is accessory to a restaurant; b. Use produces primarily for on-site consumption or sale; c. Yearlv, use nroduces a maximum of 3,000 barrels, each holding no more than 53 gallons of liquor-, and d. Maximum of 10 persons are engaged in the production of liquor. 2. C-3, CA C-5 Districts: a. Use produces primarily for on-site consumption or sale-, and b. Yearlv. use nroduces a maximum of 3,000 barrels, each holding no more than 53 gallons of liquor; and c. Maximum of 15 persons are engaged in the production of liquor. 000 Greenhowerwhokmak 000 ATTACHMENT B -PROPOSED ORDINANCE 000 ,a---X)04eet4onj-j in-�-tteh -easue -4he "kip-eem*iRing 0-14beek- OWN w 000 ,a---X)04eet4onj-j in-�-tteh -easue -4he "kip-eem*iRing 0-14beek- ATTACHMENT B -PROPOSED ORDINANCE 000 1-1, 1-2,1-3 Dishicts: Use is accessory to a craft brewery or brewery manufacturing. 000 000 4-34AAAet+ a.......... ---R-W.--pf eperl,T—ar---A—pf apeil�—dessigaaled---e"-ie L"� a 1, 8 1 J. ATTACHMENT B -PROPOSED ORDINANCE 000 Retail sale of V_oods or articles manufactured or assembled as accessory to a peiigitted use 1-1, 1-2, 1-3 Districts: Sales area does not exceed 30% of gross floor area of primary use up to maximum of 2,000gross scluare feet. 000 1. C-2 Districts: a. Use is accessory to a restaurant; b. Use produces primarily for on-site consumption or sale; c. Yearlv, use vroduces a maximum of 3,000 cases, each case holding a maximum of 12 bottles containing no more than 750 ml per bottle or each case holding a maximum of 9 liters of wine; and d. Maximum of 10 persons are engaged in the production of wine. r, * ,U) Uj 0 S 2 ATTACHMENT B -PROPOSED ORDINANCE 2. C-3, C-4, C-5 Districts: a. Use produces primarily for on-site consumption or sale; .a,b. Yearly., use produces a maximum of 3,000 cases, each case holding a maximum of 12 bottles containing no more than 750 ml per bottle or each case holding a maximum of 9 liters of wine-, and c. Maximum of 15 persons are engaged in the production of wine. 000 Those uses listed as "R(l)", "R(2)"or "R(3)" in Table 19.1-52.A. shall be permitted in the respective zoning districts provided that the restrictions as outlined below are met. If the restrictions cannot be met, the use may be allowed in the respective zoning district through either a Conditional Use or Special Exception through either a Conditional Use or Special Exception. Uses noted with R(1)l" [21 0-2 District: 1. Uses are located in projects of 25 acres or more; 2. Uses are located internally to the project, not along any road on the periphery of the project; and 3. Uses collectively do not exceed a gross floor area of 30 percent of the gross floor area of permitted by -right uses which are under construction or occupied in the project. The uses noted with R(1) include the following: Artist material and supply store-, Bakery goods store, Banks with or without drive-in window; Barber shop-, Beauty shop-, Book store; Camera store-, Candy store; Conference, center-, Convenience store; Drug store; Dry cleaning pick up, drop off and coin operated; Florist shop; Grocery store-, Hardware store-, Health club-, Hotel; Laundromat; Magazine store; Meat market- Newspaper store; Office supply store; Paint store-, Restaurant, sit down; Seafood market; Shoe repair shop; Stationery store; Tailor shop; Video rental and sales store, and Wallpaper store The uses noted with RW also include the following and are only permitted provided the restrictions listed under RW plus the restrictions listed in Sectionl9.1-53, for the specific use in a C-3 District are met: Brewery, craft-, Distillery, craft-, Winery, craft Uses noted with R(2)I" C-4 District: Uses collectively do not exceed 30 percent of the gross acreage of the project. [I] The uses noted with R(2) include the following: Amusement goods manufacturing-, Apparel manufacturing; Appliance manufacturing, household-, Artist material manufacturing- 'Athletic goods manufacturing-, Bakery products manufacturing-, Blending, mixing and compounding of manufactured goods- manufacturing; Brush manufacturing; Button manufacturing; Cane manufacturing-, Clock manufacturing, Coating and allied services-, Coffee product manufacturing., Cold storage-, Communication equipment manufacturing; Computer equipment-, Confectionery and related products manufacturing; Controlling instrument manufacturing; Cosmetic manufacturing (compounding only); Dry cleaning plant-, Electrical equipment manufacturing; Electronic component and accessories manufacturing; Engraving and allied services-, Fabric good manufacturing; Flavor extracts manufacturing, Freight forwarding, packaging and crating services, excluding truck terminal-, Fur dressing and dyeing; Furniture and fixtures manufacturing, assembly only from finished materials-, Jewelry manufacturing; 18 ATTACHMENT B -PROPOSED ORDINANCE Laboratory, other-, Lamp shade manufacturing; Leather products manufacturing, excluding tanning; Lighting equipment manufacturing-, Machine shop; Mattress manufacturing_ assembly only from finished materials, Metal products manufacturing, sheet; Mini-storage/mini-warehouse facility, Mortician's goods manufacturing; Motion picture production; Moving company; Musical instrument and parts manufacturing, Notions manufacturing; Novelty manufacturing-, Office supply manufacturing; Optical goods manufacturing-, Paper conversion to paperboard products-, Paper recycling by the compaction method; Pen manufacturing; Pencil manufacturing; Pharmaceutical products manufacturing; Photographic goods manufacturing, Plastic products manufacturing-, Plated ware manufacturing; Printing and allied industries- Professional instruments manufacturin& Publishing and allied industries-, Recycling and processing of any material permitted to be manufactured in the 1-1 District except paper; Research and development facility-, Scientific instruments manufacturing-, Silverware manufacturing; Soft drink bottling and canning; Spice manufacturing-, Sporting goods manufacturing; Syrup manufacturing; Tea manufacturing; Toiletry manufacturing (compounding only); Toy manufacturing-, Umbrella manufacturing-, Warehouse, principal use; Watch manufacturing-, Water bottling and canning, carbonated; Wholesale house and distributor, excluding greenhouse or plant nursery-, Wi x�fa far: in Uses noted with 11(3)I11 [21 f3l 1-1, 1-2,1-3 Districts: 1. Uses are located in projects of 25 acres or more; 2. Uses are located internally to the project, not along any road on the periphery of the project; 3. Uses collectively do not exceed a gross floor area of 30 percent of the gross floor area of permitted by-riglit uses in the district in which located (either 1-1, 1-2 or 1-3) which are under construction or occupied in the project; and 4. Uses are primarily for the convenience of the employees of the industrial uses. The uses noted with R(3) include the following: Artist material and supply store; Bakery goods store-, Banks with or without drive-in window; Barber shop; Beauty shop; Book store; Camera store; Candy store; Convenience store-, Day care adult; Day care child-, Drug store-, Dry cleaning pick up, drop off, and coin operated; Florist shop; Grocery store-, Hardware store; Laundromat; Magazine store-, Massage clinic, Meat market-, Messenger service; Newspaper store-, Office supply store- Paint store, Restaurant, carry -out', Restaurant, fast food or drive-in; Restaurant, sit down; Seafood market; Shoe repair shop-, Stationery store-, Tailor shop-, Telegraph service-, Video rental and sales store; Wallpaper store In addition to the above, in the 1-1 District, Automobile self service station; Automobile self service station, unmanned-, and Motor vehicle self service station4 unmanned are permitted with the restrictions outlined herein. 121 The uses noted with R(3) also include the following and are only permitted provided the restrictions listed under R(3) plus the restrictions listed in Sectionl9.1-53. for the specific use in a C-1 District are met: Athletic field, privately operated; Automobile accessory store; Check cashing incidental use; Clinic, medical, dental or optical- —Eyewear sales and service; Intercom accessory to permitted use; Mi4r-ebr-ewepj", Parking lot commercial; Park, private-, Pet grooming-, Veterinary clinic 133 The uses noted with RO) also include the following and are only pennitted provided the restrictions listed under RQ plus the restrictions listed in Sectionl9.1-53. for the specific use in a C-3 District are met: Brewery., craft, Distillery, craft-, Winery, craft 000 ATTACHMENT B -PROPOSED ORDINANCE 000 I V)5 Number of S aces Required Specific Use All Areas Excluding General Use Special Design or Special Design Category Districts Size of Use Districts [21 [31 [41 [11 [21 [31 [41 000 ' 4.4 1000 s/f of Restaurant_ " ger Outside Dining „, "' "'� ' 1 per 100 s/f [g1 4.4 per 1000 s/f [$1[9] 000 Industrial or Manufacturing Area Associated with a ,, ��' 1 per 750 s/f of gfa 1 per 750 s/f of Craft Brewery, Distillery or Winery I V)5 ATTACHMENT B -PROPOSED ORDINANCE Notes for Table 19.1-236.A. [1] In the Northern Jefferson Davis Highway Corridor, parking requirements shall be based upon the lesser of that outlined in the Table or 4.4 per 1.000 s/f of gfa. [2] In the Northern Jefferson Davis Highway Corridor, Employment Center, Special Design Districts and C-1 Districts, the required number of parking spaces may be reduced by 10% if the development contains a sidewalk or other pedestrian system which connects, or will connect, to existing or future sidewalks or pedestrian systems. [3] In the Northern Jefferson Davis Highway Corridor and Special Design Districts, parking spaces in a road may be counted toward the required number of parking spaces when more than 1/2 of the space adjoins the use. [4] Within a non-residential development adjacent to a bikeway required by Sec. 19.1- 208., the number of parking spaces may be reduced by I for each 6 bicycle storage spaces, with a maximum reduction of 3 and provided a minimum of 5 parking spaces shall be provided. [5] For residential uses, parking spaces within a garage or an enclosed or covered space may be counted toward parking requirements. [6] In an MH -1 District, one of the required parking spaces may be located in a common parking area within the park. [7] If a drop-off or pick-up area is provided directly from vehicles to the building, stacking space shall be provided. If such an area is not provided, 5 additional parking spaces shall be installed. If care is provided for school age children, a sidewalk shall be installed from the building to the school bus stop for the facility. f8l In the Ettrick Special Design District, parking requirements for the use shall be based upon 2.2 parking spaces per 1,000 s/f of gfa. 4-49] The required number of spaces shall be based upon the square footage of the outside dining that exceeds 20 percent of the gfa of the associated principal use. ATTACHMENT B -PROPOSED ORDINANCE 000 000 Brewery, farm: Farm licensed as a limited brewery in accordance with the Code of Virginia. Greenhouses, hothouses or plant nurseries are permitted for the purpose of starting seedlings to be planted for faun use, but not for direct sale. On premise sale, tastuig, or consumption of beer produced or raised on the tract- and sale of beer -related items incidental to the sale of beer is permitted. Constniction of a stand or shelter for the sale of such goods is also permitted. Outdoor amplified music is not permitted. 000 Crematorium: A room or space within a building where cremation of deceased humans or animals occurs. Data center: A facility used primarily for the storage, management, processing, and transmission of digital data, which houses computer and/or network equipment, systems, servers, appliances and other associated components related to digital data operations. A facility may also include air handlers, power generatons, water cooling and storage facilities, utility substations, and other associated utility infrastructure to support the operations. Data services office: A facility used primarily for the storage, management, 12rocessing, and transmission of digital data which is stored in a cloud and is accessible by a wide range of systems and devices. Such facility does not have outside air handlers, power generators, water cooling, storage facilities, utility substations and other outside utility infrastructure to support the operation. 000 Distillery, farm: Farm licensed as a limited distillery in accordance with the Code of Virginia. Greenhouses, hothouses or plant nurseries are permitted fore th purpose of starting seedlings to be planted for farm use, but not for direct sale. On premise sale, tasting, or consumption. of alcoholic beverages, other than wine or beer, produced or raised on the tract, and sale of alcoholic -related items, other than the wine or beer, incidental to the sale of such alcoholic beverages is permitted. Construction of a stand or shelter for the sale of such goods is also permitted. Outdoor amplified music is not permitted. 000 000 11 1 7 ATTACHMENT B -PROPOSED ORDINANCE 000 LandfiR, ewistruction, demolition and debris: A place to bury waste consisting primarily of construction and land cleared material and covering it over with an acceptable cap material. Waste shall be limited to: • stumps, wood, brush and leaves from land clearing ol2erations, • lumber, wire, sheetrocL brick., shingles, glass, pipe, concrete, metal, plastics or any empty containers of such materials from construction sites; • waste from the demolition of buildings and stnictures and their foundations, including construction waste• and o inert waste to include concrete, broken brick, brick, blocks and rubble. 000 000 (2) That this ordinance shall become effective immediately upon adoption. 1928:98093.3 08 Attachment C W S)9 .:'L � rl A-Auesmxy C^^Corvlifioreltlse House NINE Use Zaniu Didricts A 0-I 0-2 C-1 C-2 C-3 C-4 CIS I-1 1-21 I -S 000 Alcoholic beverago slam s d � � � s: � Use currently listed as `Liquor store". Term would be replaced with this terminology. District, in which use is allowed would not change. 000 t�NMo``.. @n11� m C1ill9�fl�l lit g�-P4•di161n�- ordumping-forsou""'afrosr, k; 'C Thts ix au nntiquar,d uxe. Uxe would be covered as either a "Cremntonum" or ax a part o£a including-Fonding—tronA'er-thereof "Sanitary lmndhll". 000 Asbestos product mannfaeturing C p_1 Due to threat that use presents to health, saf`cty and welt"are, change from a permitted use to a conditional ucc in I-3 Districts. 000 Borrow Pit{Ganditional-Usoi�subjeo tMhe reslrietions-fer-borrow-pini C C . Requirements outlined For conditional use in A and I-2 Distncts and for the restneted use in I-3 Hislziets outlined-in-5ut -S3j Districts are antiquated,R.ecommendthat they be eliminated andthat a conditional usebe requiredin I-3. Each conditional would be evaluated on a case by came basis according to site ,specific conditions and technology available at the time to address the impacts of the use Brandy-and4nemody--9.4,11 p R -P P Usewouldbecover.d under "Distillery" and allowed by right in I-2 and I-3 Districts, and with —'afneturing conditional us c in A Dixtri cts. Br every This is anowuseand addresses recentstate code changers. Usewouldbe allowed as Anrerv. coxa , ,$ }j, BM conditional use in A Districts; arcstnctedusein O-2Distnctsiflocatedwithin anofficepark of 25 ormorc acres; a resin clad use in C-2 Districts if, among other thing,, the use is accessary to a, a restricted use in C-3, Cal and C-5 Dishicts if, among other things, tlxe use em to ees atnmilxtutn of l5 crsons in the roduction. ASnrt M. form This is anewuse and addresses recent state code changes. Use would be allowed by right m A Districts at a farm thatis licensed as afamx brewery by the state code. 6nnrerv. moxufxamiciur ,� ,� P IIs, currently listed as "Matt manufacturing` and allowed byrightin the 1-3 District. The proposal would allow use by right in I-2 & I-3 Districts. 000 Conform—canter C .j. P P Q C C propose to allow as arestricted use in 0-2 Districts iflocated within anof6ce park. of25 or to ore acres. Eliminate the use as pemxittedin C-5 Districts since C-5 uses tend to be of an intensity that is not compatible with Conference center u se. The option to obtain conditional use for a conference center in an I -I District has been added. 000 Crematorium C R R R R F F Bp p Use, technology has changed such that impacts on adjacent properties a reverylimited, especially given Department of Environmental(,luality regulations and oversight. Propose to allow as a restricted u se in 0-2, C-2, C-3 and C-4 Districts as, am ong other things, accessory to either a funeral home or a veterinary hospital. 000 W S)9 .:'L � rl Attachment C 1) G . 3 � 10" 90 P - P-11fixi by KWIt K 3W X -N -)VMdt%W with I(eMettloa, A—A"—,y Use ZoninaDiastHers, -7 0-1 0-2 C-1 C-2 1 C-31 C-4 GS 1-1 1-2 1�3 Data Doi. -.1, ]1 P a Y— E This is new use and addresses current technolo needs. Data mmicues office This is new use said has histon rally been interpreted to be an office type of operation 000 This use is not surroarly enumerate d in ordinance. Practice has been t o allow as accessary to Pinin., outside R R R R R R R permitted uses, 000 Thi— iorownse and add ... — recent state code charge, Use would be allowed as a R(l) RO) coachhomd use inADistrints; arestncteduein02Ditnctsiflocatedmthin anofficepork of 25 or more acres; arestristed use in C-2 Districts if, among other things, the use it accessory toIa restaurant; C—' 5 Districts if, among th,,thi.ge,the use suipl.ye"treacirimmoll —.nsmthcr.dcti.n. This is anew use and addresses recent state code changes. The use wouldbe .1low,dby,ight in A Distn cts at a farm thaz is li tensed as a distiller b state code. Di'tillarp .... f-I—iog Use currently listed as 'Liquor manufacturing". The districts in which permitted has not 000 Dy.Man.fartirrhog aI 000 Use would be covered under "Farm, winery." The district in which permitted hars not changed 000 Floor manufacturing (linalsocarr resplialt-folt base and other hard C uponmitarl ... hti,s, recen-oncl use rerfire) no longer be permitted by tight in C-5 and I-1 Districts 000 Furniture and fixtures &'Miplre and Aistagre's IF only C P P P This is ii new I'll man uzf—taring Iroas Mee C P P .a(Mah, Clarification that use is dependent upon raw materials. 000 Gnmarboar., rehoherk C In, to use having outside growing areas, recommend use not be permitted with restrictions in 1-1 Districts vh— outside storage not permitted 000 Junkyardnd use not be allowed with restrictions in 1-3 Districts due to the intensity of the use, Recommend 000 I—dpg oos&-tion, demolition and dbri, C C C C C C C C Re quirements outlined For conditional use are me coated. Recommend that th ey be eliminated and each conditional use be evaluated on a cast by case basin according to site specific conditions and technology available at the time to address the imports of the use, 000 1 1) G . 3 � 10" 90 Attachment C F-IN,mm"abyXigat I K4MKS - k%nt A -A;, C,'&IHd,..I U. Uso zanisigAia6ets M-Mmiftity"d A 0-1 0-2 C-1 C-2 C-51 C-4 G5 1 1-1 1 1-2 1-3 G R-* fL fL AP PL and would b, permitted byright mI-2&1-3 Distriassind allc—dby Conditional U,,i.ADiitict,. P P This use is now listed u u Jcr'Diifill cry in anuFactunrug' mid would be permitted by right in 1-2 P 1-3 Districts and allowed by Conditional Use in A Districts. C Us, would be covered under "Alcoholic beverage to,," and district wh..e permitted would not change. 000 Use would be covered under "Brewery, manufacturing" and the distriettin which permittedby right would be 1-2 and 1-3 and by conditional use in A. 000 Man transportation station'terminalI F e Rccomm ad use be allowed by right in C4 Districts where ordinance supports intense mixedsd use developments capable of supporting some type of mass transporation. 000 Mattress ren—f--Ming, gA,tainkk only fivm fiojechd C 11� 2 P P P Mamek This is a.,, use. Afami,c', manor -luring from C P M. matetiak This is cnew cso. 000 mi—b—T R R I4 -P4 -04 -04 Use covered imle, "Brewery, craft" Districts in which permitted with restrictions would be 0- 2, C-2 through C-5 and I-1 and by conditional use in A 000 Mining -{Cr hti .. Requirements outlined for a conditional use we m6 quated. Recommend that they be tbe'resn`rcnanrfot`mimng-tri F-3- C C RL eliminated and that each conditional use be evaluated on a cast by case basis according to site specific conditions and technology ivirrelcibl, at the time to address the impacts of the use Further recommend that use not be allowed as a re,itri ciod use in 1-3 Districts but rather require a conditional use in those districts Use is not a manufactoring operation, but rather provides ase—se to general public. Mini aoragelinini-warehousefaciUty C R(2) P P 14:� P_Q Recommend use no longer be permitted by right, but rather allowed by conditional nze,in 1-2 and I-3Distracts. 000 Co riects an oversightin last ordinance recodificatioa Would aluse as a conditional use in self —k,. C R(3) R(3) P P any A Districts, consistent with former oforchrance which generally allows y industrial or naithns, unmanned as, permitted by right, with restrictions, or by conditional use as a conditional use Jr. in the A Di,tict 000 Nightclub C P p I jj_ j&_ U_ The amendment would allow nightclubs as accessory tocraft brewery a db,,,,ey manufacturing in industrial districts Nightclubs ore customarily accessory tothese emerging industries. 000 -C Thi s anew cse. 000 L 1 This 000 Pisasl ..—,Y, wA,akeik C R P P Due to no, having outside growing areas, use should not be permitted with restrictions in I -I Districts where outside storage is not 000 Iinfeideir ink mnnafaclarinr 717 71-1 This i, anew use. 000 1 Attachment C Quarrying �oatnlitiou."J."—.hj-oet- Requirement, outlined for conditional use are antiquated. R—curu,nd that they be eliminated to the reirtried—for-qrsiarryiing-i. 1-3- C C RV- and that each con clition al use be evaluated on x case by case basic according to site specific Distrio—thised us 8-194-53) conditions -ditions and technology available at the time to addr— the impacts of the use Further recommend that use not be allowed as a rcstricte,l use in 1-3 Districts, but rather require a conditional as, in those districts 000 Railroad mor so mxufartarirsg C P This is a now a se. 000 RoAsuraint R.'antartert, crtmrroru C R R F F --R(3) C -R(3) --R(3) Recommend use be allowed as u ... hictd use in I-1,1-2 & 1-3 Districts if, among other things, the use is lcrat,d,u ap,oj,,t.f25 acres cr more. R,,xa-4f.ref—d .,dsi—in C C R R R CR(3) C -R(3) C -R(3) Recommend use be allowed is a restricted use in 1-1, T-2 & 1-3 District, if, among other things, the use is located in a project of 25 acres or more- ore000 000 Rot.il sale of goods or articles ux bled as "I E R R Corrects an oversight in last ordinance recodificaro.. The prior ordinance allowed as an areesxory to ;Itmitted use accessory use some limited retail of articles or goods manufactured in industrial &,,tncti. 000 IOLMMULUMM CP,L $ This is ac,wae. 000 Storage, outside E R R R R R This use has caused scarr, confusion in ADiarittv R,c.,—,cd that the use not be allowed by conditional use in ADistricts rather if a conditional use is obtained for commercial or industrial use needing outside storage the use would be addressed through the conditional use, 000 Bm manufacturing Flusicarew- 000 IF—heisse, —""'Y ir, R PP P 13 peresciaed useR This use has caused aosine confusion in A District- Recommend that the use not be allowed by conditional use '."in cts rather if a conditional use i s obtained for commercial or indictrind use n 'adma . war ho.11, I e use would be addresssed through the conditional use. W—h—s" jivi—iP.1 usa R R(2) P P P p Corrects an oversight in last ordinance recodtficatiou The prior ordinance permitted the use by conditional use in,i,Districts. 000 Wime—sif.ftnerez-4.4ing-fisrot- R(4 g It P P This is a new use and addresses the recent state code changes. The use would be allowed use conditional use in ADistricts; a restricted use in 0-2 District,, iflocated within an office park o£25 or more net,, a restricted use in C-2 Districts if, among other things, the use is accessory I reatauramt;a restricted u to n - -4 d C -I Districts if, among the, thing,, the use soas'�Cn ."occ . .1 1;1,1c r th:n ca "o"'c' This users carrent1hylistedas "Farm winery' The—would continue tobe allowed by right m &vtnct ata farm that is licensed as aftem --y by the state code TV'Woc 'WOMM&xj&=I asp—isaily Jl.—dbynght in all iridusurid districts & C-5 Dnr�,rni Tl,,p,.p.,A of all— the in the I-1 &C-5Disrn.t, 000 +,,hto. 30, , J 192 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: April 26, 2017 Item Number: 12.D.4. I Subject: Authorize Application for Federal Grant Assistance from the Land and Water Conservation Fund (LWCF) for Facility Development of Parking Area and Trail System at Brown and Williamson Conservation Area on the James River and Transfer and Appropriation of Matching Funds Upon Award County Administrator's Comments: County Administrator: The Board of Supervisors is requested to adopt and authorize a resolution in support of an application for grant funds fro ni the Land and Water Conservation Fund (LWCF) for development of a parking area and trail system at Brown and Williamson Conservation area on the James River, and authorize the County Administrator to execute the grant agreement and transfer and appropriate up to $255,000 in matching funds upon grant award. Summary of Information: This application for federal assistance from the Land and Water Conservation Fund (LWCF) , administered by the Commonwealth of Virginia, Department of Conservation and Recreation, in the amount of $255,000 would be paired with matching funds from the County of $255,000 for a total grant budget of $510,000. Grant funds will be used to implement a parking area and two-mile trail system at Brown and Williamson Conservation Area on the James River. This project will make the conservation area open to the public for the first time, currently open by appointment only. Should the grant be awarded, the County Administrator would execute the grant agreement, and transfer and appropriate the matching share of the grant. There are sufficient funds available to meet the grant requirements. Staff requests that the attached resolution be submitted as a required part of the grant application to LWCF. Preparer: James D. Worsley Title: Director, Parks and Recreation Preparer: Matt Harris Title: Director, Budget and Management Attachments: 0 Yes 1-1 No # 0 00", RESOLUTION IN SUPPORT OF APPLICATION FOR FEDERAL FUNDING FROM THE VIRGINIA LAND AND WATER CONSERVATION FUND (LWCF) TO THE VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION (DCR) WHEREAS, under the provision of LWCF, federal funding assistance is requested to aid in financing the cost of land acquisition and/or facility development; and WHEREAS, County of Chesterfield, VA considers it in the best public interest to complete the land acquisition and/or development project described in the application; NOW, THEREFORE, BE IT RESOLVED that: 1. The County Administrator, or his designee, be authorized to make formal application to DCR for funding assistance; and 2. Any fund assistance received be used for implementation and completion of (land acquisition and facility development) within the specified timeframe; and 3. County of Chesterfield, VA hereby certifies that project funding is currently available and is committed for this project from the Parks CIP; and 4. We are aware that the grant, if approved by the National Park Service, will be paid on a reimbursement basis. This means we may only request payment after eligible and allowable costs have already been paid to our vendors and evidence of such has been provided to DCR in the format required; and 5. We acknowledge that any property acquired and/or developed with financial aid from the Land & Water Conservation Fund must be placed in use and be retained in perpetuity as a public outdoor recreation area in accordance with the provisions and requirements of the Land & Water Conservation Fund Act of 1965, as amended; and 6. We acknowledge that any non -recreational uses may not be made of the property without undergoing a conversion of use process and obtaining approval from the Department of Conservation and Recreation and the U.S. Department of Interior/National Park Service; and 7. We acknowledge that we are responsible for compliance with the National Environmental Policy Act, Endangered Species Act, Historic Preservation Act, Executive Orders 11988 and 11990 (Floodplain Management and Wetlands Protection) and all other applicable state and federal laws; and J C�q I U.j D, Z t 8. We acknowledge that appropriate opportunity for public comment will be provided on this application and evidence of such is a required component for approval. 9. This resolution becomes part of a formal application to the Virginia Department of Conservation & Recreation. Adopted this 26th day of April, 2017. A COPY TESTE (Name) (Title) ;q � U 0`0 19- 5 q C CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 2 AGENDA Meeting Date: April 26, 2017 Item Number: 12.13.5. Subject: Authorization to Award a Construction Contract and Change Orders for the Arch Road (Route 60 to Arboretum Parkway) Widening and Roundabout Project County Administrator's Comments: County Administrator: — Board Action Reauested: The Board is requested to authorize the Director of Purchasing to award a construction contract, up to $2,700,000, to the lowest responsive and responsible bidder; and execute all necessary change orders, up to the full amount budgeted, for the Arch Road (Route 60 to Arboretum Parkway) Widening and Roundabout Project. Summary of Information: On October 9, 2013, the Board authorized staff to proceed with the Arch Road (Route 60 to Arboretum Parkway) Widening and Roundabout Project. The design of the project is complete, right-of-way has been acquired and utilities are being relocated. Also, on October 12, 2016, as part of the FY2018 Revenue Sharing program, the Board adopted a resolution in support of additional state revenue sharing funds and authorized the local match upon approval from VDOT and with the adoption of the FY2018 Capital Improvement Program. These anticipated funds will fully fund the project based on the current estimate. (Continued on next page) Preparer: Jesse W. Smith — Preparer: Matt Harris Attachments: 0 Yes Title: Director of Transportation Title: Director of Budget and Man gemeet No #o 0 '61, 07 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Summary of Information: (continued) Pending completion of utility relocations, the Arch Road (Route 60 to Arboretum Parkway) Widening and Roundabout Project will be advertised for construction in May. If favorable bids are received, an award for the construction contract would occur on or after July 1, 2017. Construction is anticipated to begin this summer and should be completed by the end of the year. The Board is requested to authorize the Director of Purchasing to award a construction contract, up to $2,700,000, to the lowest responsive and responsible bidder and to execute all necessary change orders, up to the full amount budgeted, for the project. Recommendation: Staff recommends the Board take the following actions for the Arch Road (Route 60 to Arboretum Parkway) Widening and Roundabout Project upon approval from VDOT for the requested state revenue sharing funds and adoption of the FY2018 CIP: I 1. Authorize the Director of Purchasing to award a construction contract, up to $2,700,000, to the lowest responsive and responsible bidder; and 2. Authorize the Director of Purchasing to execute all necessary change orders for the work, up to the full amount budgeted, for the project. District: Clover Hill Arch Road (Route 60 to Arboretum Parkway) Widening and Roundabout PROJECT REVENUE Date Source Amount 7/1/14 VDOT FY 15 Revenue Sharing $ 1,365,000 Construction Engineering (VDOT: $682,500; County: $682,500) Construction 7/1/15 VDOT FY16 Revenue Sharing $ 1,135,000 Total (VDOT: $567,500; County: $567,500) 10/12/16 Anticipated VDOT FY18 Revenue Sharing $ 1,980,000 (VDOT: $990,000; County: $990,000 TOTAL $ 4,480,000 PROJECT ESTIMATE Prelimina Engineering $ 480,000 Right -of -Way $ 270,000 Utility Relocation $ 280,000 Construction Engineering $ 260,000 Construction $ 2,700,000 Construction Contingency $ 490,000 Total $ 4,480,000 �l9 A.. . . . . . . . . Arch Road (Route 60 to Arboretum Parkway) Widening and Roundabout Project T o' 11", 11131111 -AYMMIN CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: April 26, 2017 Item Number: 12.13.6. Subject: 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: Clover Hill District: Rountrey Section 2 Midlothian District: North Otterdale Road Connection Preparer: Scott B. Smedley Title: Director, Environmental Engineering Attachments: 0 Yes F-1 No # Q 0,03 3 2 TO: Board of Supervisors FROM: Department of Environmental Engineering SUBJECT: State Road Acceptance - Ro u ntrey S ecti o n 2 DISTRICT Clover Hill MEETING DATE: April 26, 2017 ROADS FOR CONSIDERATION: Distaff Rd Edstone Tri Graythorne Dr Norland Road Vicinity Map: Rountrey Section 2 Port Savage Dr Rankin Ct Rankin Dr produo9d � cheslerm" county G" GJ, 2 0 2 70: Board of Supervisors FROM: Department of Environmental Engineering SUBJECT State Road Acceptance DISTRICT Midlothian Vicinity Map: North Otterdale Rd Prodmd � ChosbrfWd Owntl G" 0 '020 � ") 02 , 03 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meeting Date: April 26, 2017 Item Number: 12.D.7. Subiect: Streetlight Cost Approvals in the Five Forks Village Subdivision and Transfer of Dale District Improvement Funds to Streetlights to Fund the Project County Administrator's Comments: County Administrator: Board Action Requested: This item requests Board approval of District and authorize the transfer Streetlights to fund this project. Summary of Information: streetlight installations in the Dale of District Improvement Funds to Requests for streetlights, from individual citizens or civic groups, are received in the Department of Environmental Engineering. Staff requests cost quotations from Dominion Virginia Power for each request received. When the quotations are received, staff re-examines each request and presents them at the next available regular meeting of the Board of Supervisors for consideration. Staff provides the Board with an evaluation of each request based on the following criteria: 1. Streetlights should be located at intersections; and 2. A petition is required which must be signed by 75 percent of the residents within 200 feet of the proposed light and shall include a majority of the homeowners living at the proposed locations. CONTINUED NEXT PAGE Preparer: Scott B. Smedley Title: Director, Environmental Engineering Attachments: 0 Yes 1-1 No 4 000204 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Summary of Information: (Continued) Cost quotations from Dominion Virginia Power are valid for a period of 60 days. The Board, upon presentation of the cost quotation, may approve, defer, or deny the expenditure of funds from available District Improvement Funds for the streetlight installation. If the expenditure is approved, staff authorizes Dominion Virginia Power to install the streetlight. A denial of a project will result in its cancellation and the District Improvement Fund will be charged the design cost shown; staff will notify the requestor of the denial. Projects cannot be deferred for more than 30 days due to quotation expiration. Quotation expiration has the same effect as a denial. Approval of these installations will result in an annual general fund expenditure increase of $90.24 in streetlight electrical costs for each streetlight approved. DALE DISTRICT: • In the Five Forks Village subdivision At the intersection of Five Forks Lane and Mill River Lane Cost to install streetlight: $2,500.00 (Design Cost: $435.00) Location meets criteria • In the Five Forks Village subdivision At the intersection of Five Forks Lane and Mill River Lane Cost to install streetlight: $2,500.00 (Design Cost: $435.00) Location meets criteria • In the Five Forks Village subdivision At the Five Forks Lane entrance to the Five Forks Village community clubhouse area Cost to install streetlight: $2,500.00 (Design Cost: $435.00) Location meets criterion J STREETLIGHT REQUEST Dale District Request Received: July 26, 2016 Estimate Requested: July 26, 2016 Estimate Received: February 8, 2017 Days Estimate Outstanding: 197 NAME OF REQUESTOR: Five Forks Village Home Owners Association ADDRESS: c/o Mr. Clay Thomas 7919 Waterman Lane Chesterfield, VA 23832 REQUESTED LOCATION: In the Five Forks Village subdivision At the intersection of Five Forks Lane and Mill River Lane Cost to install streetlight: $2,500.00 POLICY CRITERIA: Qualified Requestor Comments: "The intersection of Five Forks Lane & Mill River Lane (between Cogbill Road & Belmont Road) is one of three intersections on the 600+ home Five Forks Village Community without a streetlight. The Five Forks Village Home Owners Association represents the entire community & has expressed full support for this light fixture." Staff notes that the total cost of this installation is $4,611.79. The Five Forks Village Homeowners Association has agreed to fund balance of the cost and has paid $2,111.79 towards the installation. '0206 WI4 PO ) LN F- R LNC C CT T April 26, 2017 LU C7- C CENTERB 0 OA OIRV EN TER69,0 0 X, S OV (n C C 0 T —4 :E n 0 This map is a copyrighted product of This map shows citizen requested the Chesterfield County GIS Office- streetlight installations in relation Streetlight Legend to existing streetlights. existing light requested light 1,000 500 0 1,000 Feet By chesty CountIGIS L.) OD 2 STREETLIGHT REQUEST Dale District Request Received: July 26, 2016 Estimate Requested: July 26, 2016 Estimate Received: February 8, 2017 Days Estimate Outstanding: 197 NAME OF REQUESTOR: Five Forks Village Home Owners Association ADDRESS: c/o Mr. Clay Thomas 7919 Waterman Lane Chesterfield, VA 23832 REQUESTED LOCATION: In the Five Forks Village subdivision At the intersection of Five Forks Lane and Waterman Lane Cost to install streetlight: $2,500.00 POLICY CRITERIA: Qualified Requestor Comments: "The intersection of Five Forks Lane & Waterman Lane (between Cogbill Road & Belmont Road) is one of three intersections on the 600+ home Five Forks Village Community without a streetlight. The Five Forks Village Home Owners Association represents the entire community & has expressed full support for this light fixture." Staff notes that the total cost of this installation is $4,262.68. The Five Forks Village Homeowners Association has agreed to fund balance of the cost and has paid $1,762.68 towards the installation. Lj Streetlight Request Ma;t April 26, 2017 VVI4 PO LN An \NP, ER L tA CT -0 C7 - -U CENTEp,690() O?v� S CT 0 0 n 0 0 Z This map is a copyrighted product of N This map shows citizen requested the Chesterfield County GIS Office. streetlight installations in relation Streetlight Legend to existing streetlights. ► existing light requested light v 1,000 600 0 1,000 Feet Product! a] Cftestmw4 County G13 J, a 0 9 STREETLIGHT REQUEST Dale District Request Received: July 26, 2016 Estimate Received: February 8, 2017 Estimate Requested: July 26, 2016 Days Estimate Outstanding: 197 NAME OF REQUESTOR: Five Forks Village Home Owners Association ADDRESS: c/o Mr. Clay Thomas 7919 Waterman Lane Chesterfield, VA 23832 REQUESTED LOCATION: In the Five Forks Village subdivision At the intersection of Five Forks Lane entrance to the Five Forks Village community clubhouse area at 8201 Five Forks Lane Cost to install streetlight: $2,500.00 POLICY CRITERIA: Qualified. Requestor Comments: "The clubhouse entrance intersects with Five Forks Lane approximately 300 feet north of Cogbill Road and provides access to the clubhouse, tennis courts, & swimming pool for the 600+ home community. The Five Forks Village Home Owners Association represents the entire community & has expressed full support for this light fixture." Staff notes that the total cost of this installation is $4,941.50. The Five Forks Village Homeowners Association has agreed to fund balance of the cost and has paid $2,441.50 towards the installation. r"', j') a 0 Streetlight Request Map April 26, 2017 1, �- N< S 0 < CT R- 0 0 � QZ) -U 0 SPA RF ry 0 4U SLUpp LN EARB' CT This map is a copyrighted product of the Chesterfield County GIS Office. Streetlight Legend existing light requested light 1,000 500 N This map shows citizen requested streetlight installations in relation to existing streetlights. 0 1,000 Feet PToduo9d By ChesbrWI County Gas �XJ211 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: April 26, 2017 Item Number: 12.D.8. Subiect: Approval of Documents Related to the Refinancing of the Chippenham Place Community Development Authority (CDA) County Administrator's Comments: County Administrator: Board Action Requested: Adopt a resolution approving a plan of refinancing for the Chippenham Place Community Development Authority (CDA). Summary of Information: The redevelopment of the former Cloverleaf Mall site into the mixed use development now known as Stonebridge has been facilitated by the creation of the Chippenham Place Community Development Authority (CDA). The CDA is a financing mechanism that was used to fund the demolition of the former mall buildings and construct core infrastructure on the site, with the cost of those improvements paid back over time through revenues (sales and property taxes) generated from the subsequent development. Over time as the development has matured, the CDA financing has been revised to reflect the increasing strength of the project. Currently, Stonebridge has reached a point where the levels of economic activity on the site are such that they can fully support a final iteration of the financing and do so under very favorable terms. Preparer: Matt Harris Title: Budget & Management Director Attachments: Yes No # �-J'0'0�' 12 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Under the final arrangement, the CDA improvements will be financed for additional 15 years at an interest rate of 2.89 percent. By comparison, an early financial projection for the CDA envisioned a 30 -year term and rates in excess of 7 percent, whereas this plan will wrap up the CDA in 20 years (the remaining 15 years plus the five previous). More practically, that shorter window and lower rate structure mean that the project will begin contributing revenue back to general government operations much sooner than previously anticipated. In fact, under the proposed terms, the CDA will contribute approximately $140,000 to the general fund in FY2018, and that figure should grow considerably as the rest of the project builds out. Given the activity levels on site currently, there is projected to be more than sufficient project -generated revenue to pay the annual debt service on the CDA over the remaining term. That said this proposed plan leaves the project's debt service reserve in place along with the back-up special assessments on private property owners in the district, both of which offer additional layers of financial protection for the CDA. The attached resolution references associated CDA documents - a memorandum of understanding and a support with agreement with the Economic Development Authority (EDA) (which are also attached) - that need to be updated to reflect this plan of refinance. The CDA Board and the EDA Board have both made all of their required approvals for this refinancing at their most recent meetings. Staff recommends approval. J213 RESOLUTION APPROVING A PLAN OF REFINANCING OF PRIOR OBLIGATIONS ISSUED BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD AND THE CHIPPENHAM PLACE COMMUNITY DEVELOPMENT AUTHORITY, AUTHORIZING THE EXECUTION OF CERTAIN DOCUMENTS IN CONNECTION THEREWITH AND APPROVING THE FORMS OF SUCH DOCUMENTS WHEREAS, the Economic Development Authority of the County of Chesterfield (the "EDA") purchased certain property comprising approximately 83 acres located in the County of Chesterfield, Virginia (the "County"), formerly known as Cloverleaf Mall, to be sold and redeveloped into a mixed-use facility including residential, office, retail and other commercial space (the "Project") for the public purpose of facilitating economic development in the County; WHEREAS, on June 25, 2008, the Board of Supervisors of the County (the "Board of Supervisors") adopted an ordinance, which, among other things, (a) created the Chippenham Place Community Development Authority (the "CDA") to finance certain infrastructure improvements related to the Project (the "Improvements") for the peculiar benefit of the property owners within and abutting the geographic boundaries of the CDA's district (the "CDA District") and (b) approved a plan of financing for the Improvements pursuant to which the CDA was authorized to issue bonds secured in part by the collection of special assessments on and tax increment revenues from the real property comprising the CDA District; WHEREAS, on June 15, 2011, at the request of the CDA, the Board of Supervisors adopted an ordinance, which, among other things, (a) approved the execution of a Memorandum of Understanding dated as of October 1, 2011 (the "Original MOU"), between the County, the CDA and Stonebridge Realty Holdings LLC, providing for the financing of the Improvements through the payment of special assessments and tax increment revenues and (b) established and apportioned a special assessment on the real property comprising the CDA District in accordance with the Rate and Method of Apportionment of Special Assessments attached to the Original MOU; WHEREAS, in October 2011, the EDA issued and sold its Tax -Exempt Revenue Note (Stonebridge Project), Series 2011 (the "2011 EDA Note"), to Wells Fargo Bank, National Association ("Wells Fargo"), in accordance with the terms of a Note Purchase Agreement dated as of October 1, 2011 (the "2011 Purchase Agreement"), and loaned the proceeds of the 2011 EDA Note to the CDA to finance the Improvements, with the loan to be paid from and secured by payments representing the collection of special assessments on and tax increment revenues from certain parcels located in the CDA District described in the Original MOU and pledged in accordance with the terms of a Financing Agreement dated as of October 1, 2011, between the EDA and the CDA, and the CDA's Special Assessment Revenue Note, Series 2011 (the "2011 CDA Note"), issued pursuant thereto; WHEREAS, in December 2014, the EDA and Wells Fargo amended and restated the terms of the 2011 Purchase Agreement (as amended and restated, the "2014 Purchase Agreement") and substituted the EDA's Tax -Exempt Revenue Note (Chesterfield Mall Redevelopment — Stonebridge Project Restatement), Series 2014B (the "2014 EDA Note"), issued pursuant to the 2014 Purchase Agreement, for the 2011 EDA Note; WHEREAS, pursuant to the terms of a Financing Agreement dated as of December 1, 2014, the CDA issued its Special Assessment Revenue Note, Series 2014 (the "2014 CDA Note"), in exchange for the 2011 CDA Note to facilitate the amendment and restatement of the 2011 Purchase Agreement; WHEREAS, the CDA and the EDA have adopted resolutions on April 7, 2017, and April 20, 2017, respectively, approving a plan of refinancing the Improvements, pursuant to which (a) the EDA will issue and sell its Tax -Exempt Revenue Refunding Bond, Series 2017 (the "2017 EDA Bond"), to Pinnacle Public Finance, Inc. (the "Bank"), and use the proceeds thereof to refund the 2014 EDA Note, and (b) simultaneously, the EDA will restructure the obligation of the CDA represented by the 2014 CDA Note by extinguishing the 2014 CDA Note and acquiring the CDA's Special Assessment Revenue Note, Series 2017 (the "2017 CDA Note"); WHEREAS, the EDA and the County administration have determined that the 2017 EDA Bond shall be secured by and payable from appropriations made by the County (the "Support Agreement Revenues") pursuant to a Support Agreement (the "Support Agreement") between the County and the EDA and shall be further secured by an assignment of the EDA's rights, title and interests in the Support Agreement; WHEREAS, the County desires to amend the Original MOU to, among other things, provide for the issuance of the 2017 CDA Note and revise the provisions governing the funding requirements for the Surplus Fund established thereunder; and WHEREAS, there have been submitted to this meeting drafts of the following: (a) a First Amendment to Memorandum of Understanding (the "First Amendment") between the County, the CDA, the EDA and the other owners of the land comprising the CDA District; and (b) the Support Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: 1. The following plan of refinancing the Improvements is hereby approved. The EDA shall issue the 2017 EDA Bond to refund the 2014 EDA Note. The EDA shall issue and deliver the 2017 EDA Bond to the Bank and agree to repay the loan evidenced thereby pursuant to the terms of a loan agreement (the "Loan Agreement"). The County shall undertake, subject to appropriation by the Board of Supervisors, to provide for the payment of any amounts due under the 2017 EDA Bond, pursuant to the terms of the Support Agreement. The obligation of the EDA to make payments under the 2017 EDA Bond and the Loan Agreement shall be limited to the Support Agreement Revenues, which shall be assigned to the Bank pursuant to the Loan Agreement and the Support Agreement. The 2017 EDA Bond shall be further secured by an assignment to the Bank of the FDA's rights, title and interests in the Support Agreement pursuant to the Loan Agreement and the Support Agreement. In connection with the refunding of the 2014 EDA Note, the EDA shall acquire the 2017 CDA Note and extinguish the 2014 CDA Note pursuant to terms of a financing agreement. This plan of refinancing shall contain such additional requirements and provisions as the County Administrator may approve and determine, in collaboration with the Chairman or Vice -Chairman of the EDA, to be in the best interests of the County and the EDA. 2. As required by Section 1 of the Original MOU, the Board of Supervisors hereby approves of the issuance of the 2017 CDA Note. 3. The form of the First Amendment submitted to this meeting is hereby approved. The County Administrator is hereby authorized to execute and deliver the First Amendment 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. 4. In consideration of the EDA's undertakings with respect to the 2017 EDA Bond, the County Administrator is hereby authorized and directed to execute and deliver the Support Agreement. The Support Agreement shall be in substantially the form presented to this meeting, which is hereby approved, with such completions, omissions, insertions or 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. 5. As provided by the Support Agreement, the Board of Supervisors hereby undertakes a non-binding commitment to appropriate to the EDA such amounts as are necessary to pay the debt service due on the 2017 EDA Bond as well as other payments due under the Loan Agreement, to the fullest degree and in such manner as is consistent with the Constitution and laws of the Commonwealth of Virginia. The Board of Supervisors, while recognizing that it is not empowered to make any binding commitment to make such appropriations in future fiscal years, hereby states its intent to make such appropriations in future fiscal years, and hereby recommends that future Boards of Supervisors do likewise during the term of the Support Agreement. 6. All other actions of officers of the County in conformity with the purposes and intent of this Resolution and in furtherance of the plan of refinancing 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 completion of the plan of refinancing. 7. All resolutions or parts of resolutions in conflict herewith are repealed. 8. This Resolution shall take effect immediately. 3' r' SUPPORT AGREEMENT THIS SUPPORT AGREEMENT made as of [ , 2017], between the COUNTY OF CHESTERFIELD, VIRGINIA (the "County"), and the ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD (the "Authority"), a political subdivision of the Commonwealth of Virginia; WITNESSETH: WHEREAS, the Authority is organized and operating under the Virginia Industrial Development and Revenue Bond Act (the "Act"), Chapter 49, Title 15.2 of the Code of Virginia of 1950, as amended (the "Virginia Code"); WHEREAS, the Act authorizes the Authority to acquire, improve, maintain, equip, lease and dispose of "Authority facilities," as defined in the Act, to finance or refinance and lease facilities for use by, among others, a county, to issue its revenue bonds, notes and other obligations fiom time to time for such purposes and to pledge all or any part of its assets, whether then owned or thereafter acquired, as security for the payment of the principal of and interest on any such obligations; WHEREAS, the Authority and the County have undertaken the redevelopment of a retail shopping mall into a mixed-use facility including residential, office, retail and other commercial space (the "Project"), which was and continues to be in the public interest of the County and its environs and benefits the Commonwealth of Virginia and its citizens by facilitating the public purpose of economic development in the County; WHEREAS, in October 2011, the Authority issued and sold its Tax -Exempt Revenue Note (Stonebridge Project), Series 2011 (the "2011 Note"), to Wells Fargo Bank, National Association ( "Wells Fargo"), in accordance with the terms of a Note Purchase Agreement dated as of October 1, 2011 (the "2011 Purchase Agreement'), and loaned the proceeds of the 2011 Note to the Chippenham Place Community Development Authority to finance certain public improvements in connection with the Project (the "Improvements"); WHEREAS, the Authority and the County entered into a Support Agreement dated as of October 1, 2011, to provide for the County's consideration of appropriations to the Authority for payments on the 2011 Note; WHEREAS, in December 2014, the Authority and Wells Fargo amended and restated the terms of the 2011 Purchase Agreement (as amended and restated, the "2014 Purchase Agreement") and substituted the Authority's Tax -Exempt Revenue Note (Chesterfield Mall Redevelopment — Stonebridge Project Restatement), Series 2014B (the "2014 Note"), issued pursuant to the 2014 Purchase Agreement, for the 2011 Note; WHEREAS, the Authority and the County entered into a Support Agreement dated as of December 1, 2014, to provide for the County's consideration of appropriations to the Authority for payments on the 2014 Note; WHEREAS, the Authority desires to refund the 2014 Note through the issuance and sale of its Tax -Exempt Revenue Refunding Bond, Series 2017 (the "2017 Bond"); WHEREAS, the Board of Supervisors of the County (the "Board of Supervisors") on 2017], authorized the execution of an agreement providing for the County to consider certain appropriations in connection with, among other things, payments due on the 2017 Bond ("Annual Payments"); and WHEREAS, all acts, conditions and things required by law to happen, exist and be performed precedent to and in connection with the execution of and entering into this Support Agreement have happened, exist and have been performed in regular and due time and in form and manner as required by law, and the parties hereto are now duly empowered to execute and enter into this Support Agreement; NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained and other valuable consideration, the parties hereto covenant and agree as follows: 1. The Authority will refinance a portion of the costs of the acquisition, development, construction and equipping of the Improvements through the issuance of the 2017 Bond, in accordance with the provisions of the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended. 2. Subject to the provisions of Section 3, the County will assist the Authority in the refinancing of the acquisition, development, construction and equipping of the Improvements. 3. Notwithstanding anything in this Support Agreement to the contrary, the County's obligations to pay the cost of performing its obligations under this Support Agreement, including its obligations to pay all Annual Payments, shall be subject to and dependent upon appropriations being made from time to time by the Board of Supervisors for such purpose; provided, however, that the County Administrator or other officer charged with the responsibility for preparing the County's Annual Budget shall include in the budget for each Fiscal Year as a single appropriation the amount of all Annual Payments coming due during such Fiscal Year. If such budget as it is adopted does not include the appropriation described above, the County shall promptly send written notice to the Authority and each lender designated by the Authority (the "Lender(s)") of the adoption of such budget without such appropriation. Throughout the term of this Support Agreement, the County Administrator or other officer charged with the responsibility for preparing the County's Annual Budget shall deliver to the Authority and the Lender(s) promptly after the adoption of the Annual Budget for each Fiscal Year, a certificate stating whether an amount equal to the estimated Annual Payments that will come due during such Fiscal Year has been appropriated by the Board of Supervisors in such budget. The Authority hereby designates [ ], and each of its permitted assigns as the Lender for all purposes of this Support Agreement, including this Section 3. If at any time during any Fiscal Year of the County, the amount appropriated in the Annual Budget for the fiscal year is insufficient to pay when due the Annual Payments and other amounts due under the [financing agreement] relating to the 2017 Bond, the Board of Supervisors directs the County Administrator (or other officer charged with responsibility for preparing the Annual Budget) to submit to the Board of Supervisors, at the next scheduled meeting of the Board of Supervisors, or as promptly as practicable, but in any event within 60 days, a request for a supplemental appropriation sufficient to cover the deficit. For purposes hereof, the following words shall have the following meanings unless a different meaning clearly appears from the context: "Annual Budget" shall mean the budget of the County for a Fiscal Year. "Fiscal Year" shall mean the twelve-month period beginning July 1 of one year and ending June 30 of the following year, or such other fiscal year of twelve months as may be selected by the County. 4. (a) Neither the County nor the Authority shall have the right to assign or transfer their respective rights, liabilities and obligations under this Support Agreement to any person without the prior written consent of the other party. This Support Agreement shall be binding upon, inure to the benefit of and be enforceable by the County and the Authority and their respective successors and permitted assigns. The County consents to any such assignment by the Authority for the benefit of the holder of the 2017 Bond. (b) The Authority's rights, title and interest in this Support Agreement (but not its obligations) are hereby assigned to the holder of the 2017 Bond (including assigns permitted in accordance therewith) as their interests may appear as collateral security for the payment in full of the 2017 Bond. By its execution and delivery of this Support Agreement, the County has evidenced its consent to such assignment. 5. The County will make available its annual audited financial statements through the Electronic Municipal Market Access System within seven (7) months after the end of each Fiscal Year. The County will also provide such additional financial information as the holder of the 2017 Bond may reasonably request, including, but not limited to, the Annual Budget for any Fiscal Year. 6. Any notices or requests required to be given hereunder shall be deemed given if sent by registered or certified mail, postage prepaid, addressed (a) if to the County, at Chesterfield County, P.O. Box 40, Chesterfield, Virginia 23832 (Attention: Matt Harris, Budget Director), (b) if to the Authority, at 9401 Courthouse Road, Chesterfield, Virginia 23832 (Attention: Chairman), and (c) if to the Lender(s), at the address given by each such Lender to the Authority. Any party may designate any other address for notices or requests by giving notice under this Section. 7. This Support Agreement shall be governed by the laws of the Commonwealth of Virginia. 8. If any clause, provision or section of this Support Agreement shall be held illegal or invalid by any court, the illegality or invalidity of such clause, provision or section shall not 3 2j9 affect the remainder of this Support Agreement, which shall be construed and enforced as if such illegal or invalid clause, provision or section had not been contained in this Support Agreement. 9. This Support Agreement shall remain in full force and effect until the 2017 Bond has been paid in full. 10. All capitalized terms used herein and not otherwise defined shall have the meanings ascribed thereto in the [financing agreement] relating to the 2017 Bond. 11. This Support Agreement may be executed in several counterparts; each of which shall be an original, and all of which together shall constitute but one and the same instrument. 12. Any dispute relating in any way to this Support Agreement that cannot be resolved between the parties shall be resolved in the Circuit Court of Chesterfield County and in no other forum. [Remainder of Page Intentionally Left Blank; Signature Page Follows] 22Q M IN WITNESS WHEREOF, the parties hereto have each caused this Support Agreement to be executed in their respective names as of the date first above written. COUNTY OF CHESTERFIELD, VIRGINIA I: County Administrator ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD Chairman L; [Signature Page to Support Agreement] FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING THIS FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING (this "First Amendment") is made as of April 1, 2017, by and between the COUNTY OF CHESTERFIELD, VIRGINIA (the "County"); [S2 CAPITAL PARTNERS], or its successor or assigns, as the successor to the original developer and a landowner ("S2 Capital"); [KROGER], or its successors or assigns, as a landowner ("Kroger"); [BOYD HOMES], or its successors or assigns, as a landowner ("Boyd"); the ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD, or its successors or assigns, as a landowner (the "EDA" and, together with Kroger, S2 Capital and Boyd, the "Landowners"); and CHIPPENHAM PLACE COMMUNITY DEVELOPMENT AUTHORITY (the "CDA"). WITNESSETH WHEREAS, the EDA purchased certain property comprising approximately 83 acres located in the County, formerly known as Cloverleaf Mall (such property and the improvements thereon and as shown on Exhibit A to the hereinafter defined Original MOU, the "Property"), to be sold and redeveloped into a mixed-use facility including residential, office, retail and other commercial space (the "Project") for the public purpose of facilitating economic development in the County; WHEREAS, the Board of Supervisors of the County (the "Board of Supervisors") received a petition (the "Petition") pursuant to Sections 15.2-5152 et seq. of the Code of Virginia of 1950, as amended (the "Virginia Code"), from the EDA requesting the Board of Supervisors to create a community development authority to assist in the development of certain infrastructure improvements as described in the Petition and Exhibit B to the Original MOU (the "Improvements") in conjunction with the development of the Project; WHEREAS, on June 25, 2008, the Board of Supervisors adopted an ordinance (the "2008 Ordinance"), which, among other things, (a) created the CDA and the CDA district (as described in the 2008 Ordinance, the "CDA District") and (b) approved a plan of financing for the Improvements pursuant to which the CDA was authorized to issue bonds secured in part by the collection of special assessments on and incremental tax revenues derived from certain parcels of real property comprising the CDA District; WHEREAS, on June 15, 2011, at the request of the CDA, the Board of Supervisors adopted an ordinance, which, among other things, (a) approved the execution of a Memorandum of Understanding dated as of October 1, 2011 (the "Original MOU"), between the County, the CDA and Stonebridge Realty Holdings LLC, providing for the financing of the Improvements and (b) established and apportioned the Special Assessments (as defined in the Original MOU) on the real property comprising the CDA District in accordance with the Rate and Method of Apportionment of Special Assessments attached to the Original MOU; WHEREAS, in October 2011, the EDA issued and sold its Tax -Exempt Revenue Note (Stonebridge Project), Series 2011 (the "2011 EDA Note"), to Wells Fargo Bank, National Association ("Wells Fargo"), in accordance with the terms of a Note Purchase Agreement dated as of October 1, 2011 (the "2011 Purchase Agreement"), and loaned the proceeds of the 2011 EDA Note to the CDA to finance the hnprovements, with the loan to be paid from and secured by payments representing the collection of the Special Assessment and Incremental Tax Revenues (as defined in the Original MOU) derived from certain parcels located in the CDA District described in the Original MOU and pledged in accordance with the terms of a Financing Agreement dated as of October 1, 2011, between the EDA and the CDA, and the CDA's Special Assessment Revenue Note, Series 2011 (the "2011 CDA Note"), issued pursuant thereto; WHEREAS, in December 2014, the EDA and Wells Fargo amended and restated the terms of the 2011 Purchase Agreement (as amended and restated, the "2014 Purchase Agreement") and substituted the FDA's Tax -Exempt Revenue Note (Chesterfield Mall Redevelopment — Stonebridge Project Restatement), Series 2014B (the "2014 EDA Note"), issued pursuant to the 2014 Purchase Agreement for the 2011 EDA Note; WHEREAS, pursuant to the terms of a Financing Agreement dated as of December 1, 2014, the CDA issued its Special Assessment Revenue Note, Series 2014 (the "2014 CDA Note"), in exchange for the 2011 CDA Note to facilitate the amendment and restatement of the 2011 Purchase Agreement; WHEREAS, the EDA has indicated its desire to refund the 2014 EDA Note and issue a new tax-exempt bond to a banking or other financial institution pursuant to a bond purchase and loan agreement, which bond will be secured solely by funds appropriated by the County and paid to the EDA pursuant to the terms of a support agreement between the EDA and the County; WHEREAS, the CDA desires to facilitate the refinancing of the Improvements and the refunding of the 2014 EDA Note through the issuance of its Special Assessment Revenue Note, Series 2017 (the "2017 CDA Note") and the prepayment of the 2014 CDA Note; and WHEREAS, the parties hereto desire to amend the Original MOU (as amended by this First Amendment, the "MOU") to facilitate the issuance of the 2017 CDA Note and to revise the provisions governing the funding requirements for the Surplus Fund; NOW, THEREFORE, in consideration of the foregoing and subject to the terms, provisions and conditions of the Original MOU and this First Amendment, the parties set forth the following agreements and understandings: Section 1. First Amendment. This First Amendment is authorized and executed by the parties pursuant to and in accordance with Section 10 of the Original MOU to amend certain provisions thereof as set forth herein and for no other purpose. Except as expressly modified herein, all terms, covenants, conditions and agreements of the Original MOU shall continue to apply with full force and effect. Section 2. Definitions. Capitalized terms not otherwise defined in this First Amendment shall have the meanings assigned to them in the Original MOU, as amended by this First Amendment. L.'4 Section 3. Amendments to Original MOU. (a) Amendment to Section 1 of the Original MOU. Section 1 of the Original MOU shall be amended and restated in its entirety to read as follows: 1. Issuance of Bonds. The CDA proposes to issue bonds or notes in three or more series (such bonds or notes, including any refunding bonds or notes, collectively defined herein as, the "Bonds") pursuant to Virginia Code Sections 15.2-5158(A)(2) and 15.2-5125, in the maximum aggregate principal amount not to exceed $17,250,000. The proceeds of the Bonds will be used to finance or refinance, as applicable, the costs associated with the acquisition, design, construction, project management and development of the Improvements, capitalized interest through not more than approximately 36 months after the date of issuance of the first or second series of Bonds, as applicable, required reserves, the costs of issuing the Bonds (including, but not limited to, attorneys' fees, underwriter fees, engineering fees and appraisal fees) and any additional administrative costs to be incurred by the County in connection with the administration and operation of the CDA. The Bonds shall have a term of no longer than approximately thirty (30) years from their respective dates of issuance. Any costs associated with the acquisition, design, construction and development of the Improvements that exceed the proceeds of the Bonds allocated therefor shall be the sole responsibility of the Developer. If there are any Bond proceeds remaining after the completion of the acquisition, design, construction and development of the Improvements, such excess proceeds shall be used to pay down the Bonds. The CDA will not issue any Bonds, including any refunding Bonds, without the prior approval of the Board of Supervisors. (b) Amendment to Section 4(a)(vi) of the Original MOU. Section 4(a)(vi) of the Original MOU shall be amended and restated in its entirety to read as follows: (vi) Surplus - If, in any calendar year, (1) the Incremental Tax Revenues (as hereinafter defined) computed pursuant to the provisions of paragraph 4(b) below exceed the Annual Installment for such calendar year attributable to the Bonds, such excess shall be deemed a "Surplus," and (2) "Excess Revenues" (as defined in paragraph 4(b)(iii)) are generated and pursuant to the terms of paragraph 4(b)(iii) are not eligible to be credited against the Annual Installments owing on parcels that are owned by the 3i Developer or any other owner, then to the extent, but only to the extent that the Developer or any other owner pays its Annual Installments on such parcels, such Excess Revenues shall also be deemed to be "Surplus." Any Surplus shall, to the extent appropriated by the Board to the CDA, be deposited by the County in an account (the "Surplus Fund") to be established with (or on behalf of) the EDA to be used in the event that Incremental Tax Revenues in any year are less than amounts needed to pay the applicable Annual Installment for such year; provided, however, that if (y) in any year the financial report submitted in accordance with paragraph 5(f) below shows that (I) the sum of (A) Incremental Tax Revenues available for debt service on the Bonds in the prior year plus (B) any amounts on deposit in the Surplus Fund and (II) the sum of (A) Incremental Tax Revenues projected to be available for debt service on the Bonds in the current year plus (B) any amounts on deposit in the Surplus Fund are each at least equal to 1.5 times debt service on the Bonds for the applicable year, and (z) there are no owners of portions of the Property eligible for reimbursements resulting from having paid Annual Installments in prior years (as described below), the County shall not be required to deposit any Surplus in the Surplus Fund in the current year. In any year for which the County is not required to deposit any Surplus in the Surplus Fund in accordance with the debt service coverage provisions set forth immediately above, then there shall be no credit against Special Assessments levied for subsequent periods. If any portion of the Annual Installment for a given calendar year was collected by the County from the owner of any portion of the Property, the Surplus shall be used to reimburse such owner for that portion of the Annual Installment applicable to the Bonds for such calendar year that was actually collected from such owner by the County in accordance with the Rate and Method. If there is more than one owner entitled to such reimbursement, reimbursement payments will be made on a pro rata basis to each such owner in proportion to the aggregate amount of the Annual Installments actually paid by each such owner. The County and the CDA agree that any Surplus payable to such owner pursuant to this subparagraph (vi) shall be paid to the EDA or other entity legally authorized to make payments to such owner. The County may, but is not required to, contribute additional moneys to the Surplus Fund from sources other than appropriated Surplus moneys to satisfy the debt service coverage requirements set forth above. After the Bonds have been re -paid in full, or provision for their re -payment in full has been made, and any reimbursements to M the owner(s) of any portion of the property have been made as provided above, any amounts on deposit in the Surplus Fund shall be paid to the County. Section 4. Successors and Assigns. This First Amendment shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. Section 5. Severability. If any clause, provision or section of this First Amendment is held to be illegal or invalid by any court, the invalidity of the clause, provision or section shall not affect any of the remaining clauses, provisions or sections, and this First Amendment shall be construed and enforced as if the illegal or invalid clause, provision or section had not been contained in it. Section 6. Counterparts. This First Amendment may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which together shall constitute but one and the same instrument. Section 7. Notices. Any notice, request or other deliveries required to be given under the MOU shall be deemed given if sent by registered or certified mail, or overnight delivery service, postage prepaid, addressed to the following addresses: County: County of Chesterfield 9901 Lori Road P.O. Box 40 Chesterfield, Virginia 23832-0400 Attention: County Administrator Facsimile Number: (804) 717-6297 with a copy to: County of Chesterfield 9901 Lori Road P.O. Box 40 Chesterfield, Virginia 23832-0400 Attention: County Attorney Facsimile Number: (804) 717-6297 CDA: Chippenham Place Community Development Authority c/o County of Chesterfield Department of Budget and Management 9901 Lori Road P.O. Box 40 Chesterfield, Virginia 23832-0400 Facsimile Number: (804) 751-4988 with a copy to: Hunton & Williams LLP Riverfront Plaza - East Tower 951 East Byrd Street Richmond, Virginia 23219 5 0`26 Attention: John D. O'Neill, Jr. Facsimile Number: (804) 788-8218 EDA: 9401 Courthouse Road Centre Court Building Suite B, P.O. Box 760 Chesterfield, Virginia 23832 Attention: Chairman Facsimile: (804) 796-3638 with a copy to: Hunton & Williams LLP Riverfront Plaza - East Tower 951 East Byrd Street Richmond, Virginia 23219 Attention: John D. O'Neill, Jr. Facsimile Number: (804) 788-8218 S2 Capital: [ ] Kroger: ( ] Boyd: [ ] Any party may designate any other addresses for notices or requests or other deliveries by giving notice under this Section 7. [Remainder of Page Intentionally Left Blank] 6 ' _w t.r , WITNESS the following signatures. COUNTY OF CHESTERFIELD, VIRGINIA By: Joseph P. Casey, County Administrator ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD By: [Name], Chairman CHIPPENHAM PLACE COMMUNITY DEVELOPMENT AUTHORITY By: [Name], Chairman [S2 CAPITAL PARTNERS], By: [Name], [Title] [KROGER], By: [Name], [Title] [BOYD HOMES], In [Name], [Title] 0�``1 [First Amendment to Memorandum of Understanding] ` v -) 2 �' CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: April 26, 2017 Item Number: 12.D.9.a. Subject: Acceptance of Parcels of Land Along Iron Bridge Road and Cogbill Road from George T. Andreadis and Luann W. Andreadis County Administrator's Comments: County Administrator: Board Action Requested: Accept the conveyance of parcels of land containing a total of 0.575 acres along Iron Bridge Road and Cogbill Road from George T. Andreadis and Luann W. Andreadis and authorize the County Administrator to execute the deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of parcels of land containing 0.575 acres along Iron Bridge Road and Cogbill Road from George T. Andreadis and Luann W. Andreadis. This dedication is to provide a turn lane and sidewalk along Iron Bridge Road and Cogbill Road and is a requirement for the development of Lidl US Operations, LLC Grocery Store (Cogbill and Iron Bridge). Approval is recommended. District: Dale Preparer: John W. Harmon Attachments: 0 Yes 1-1 No Title: Real Property Manager 00022 VICINITY SKETCH Acceptance of Parcels of Land Along Iron Bridge Road and Coghill Road from George T. Andreadis and Luann W. Andreadis Chesterfield County Department of Utilities gni E I hm - 553.33 Isal 3 i � `o? 9 2 31 we CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 1749 AGENDA Meeting Date: April 26, 2017 Item Number: 12.D.9.b. Subject: Acceptance of a Parcel of Land Along Ruffin Mill Road from CMA Properties, Incorporated County Administrator's Comments: County Administrator: Board Action Requested: Accept the conveyance of a parcel of land containing 0.11 acres along Ruffin Mill Road from CMA Properties, Inc. and authorize the County Administrator to execute the deed. Summary of Information: Staff requests that the Board of parcel of land Properties, Inc. Road Storage Lot. containing 0.11 This dedication i Approval is recommended. District: Bermuda Supervisors accept the conveyance of a acres along Ruffin Mill Road from CMA s for the development of 2022 Ruffin Mill Preparer: John W. Harmon Title: Real Property Manager Attachments: 0 Yes F-1 No "VICINIT' SKETCH Acceptance of a Parcel of Land Along Ruffin Mill Road from CMA. Properties, Inc. IN Chesterfield County Department of Utilities CMA PROPER AES INC GPIN. 805638752300000 2100 RUFRIN A41LL ROAD D8. 11318 PG.587 CUA PROPERITES INC GP/N. 806638072300000 2022 RUMN MILL ROAD D8.11318 PG 587 N 3637843 30 ST159.TFO3• .`, � d ZaIf2 ACRES/ 1. 4,E DEDICATEFTT D ........... DRAFT KARL T. LIPSCOMB LICC, N7. 3218 04-05-2077 GRAPHIC SCALE so o 25 50 too ( IN FEE r ) 1 inch s 50 ft. THIS PLAT IS SUBJECT TO ANY EASEMENT OF RECORD AND DTHER PERTINENT FACTS WHICH A TITLE SEARCH MIGHT DISCLDSE THIS DOES NOT REPRESENT A CURRENT FIELD SURVEY CO. PROJECT# CO, SITE# ;.� : N 3637715.1 PLA T OF 0.11 ACRES OF LAND TO BE DEDICATED, ACROSS THE PROPERTY OF CMA PROPERTIES, INC BERMUDA DISTRICT CHESTERFIELD COUNTY, VIRGINIA SCALE , 1' = 50' APRIL 5, 2017 Townes SITE ENGINEERING 9850 LDRI ROAD, SUITE 201 CHESTERFIELD, VIRGINIA 23832 PHONEt(804) 748-9011 FAX: (804) 748-2590 000-934 o CHESTERFIELD COUNTY a, BOARD OF SUPERVISORS Page I of I AGENDA Meeting Date: April 26, 2017 Item Number: 12.13.9.c. Subiect: Acceptance of a Parcel of Land Along Iron Bridge Road from GTALAA, LLC County Administrator's Comments: County Administrator: Board Action Requested: Accept the conveyance of a parcel of land containing 0.095 acres along Iron Bridge Road from GTALAA, LLC. and authorize the County Administrator to execute the deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of a parcel of land containing 0.095 acres along Iron Bridge Road from GTALAA, LLC. This dedication is to provide a turn lane and sidewalk along Iron Bridge Road and is a requirement for the development of Lidl US Operations, LLC Grocery Store (Coghill and Iron Bridge). Approval is recommended. District: Dale Preparer: John W. Harmon Title: Real Property Manager Attachments: Yes No F J. 'I, J2 "VICINITY SKETCH Acceptance of a Parcel of Land Along Iron Bridge Road from GTALAA, LLC DR f 0 0.0,96 Acre Dedication JL 0 ca 4V N Chesterfield Gounty Department of Utilities s I Inn - M333 I -el 23 6 < cf) U C) WVN < Lu �-Ik FP - oz I E z < �;t 'e, og a. A-1 u z ut 4% IQ 0 i'a . I o do ui jg i5 lo U'll �44 1,0' c 74 K, 2 'g ia ic' Z.. 331'2050T 1593'-- 92k ZE 8 9 0� ow 0., 029 1, 25 00, § n 0 0 H ,LL 0 w 021H U) -2 0 �Z2 JwlZ 1. § 7jr0 7, z z z ab" JUOI�137 Air CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: April 26, 2017 Item Number: 12.D.9.d. Subject: Acceptance of a Parcel of Land Along Jefferson Davis Highway from H. E. Wamsley Trucking, Incorporated County Administrator's Comments: County Administrator: Board Action Requested: Accept the conveyance of a parcel of land containing 0.709 acres along Jefferson Davis Highway from H. E. Wamsley Trucking, Inc. and authorize the County Administrator to execute the deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of a parcel of land containing 0.709 acres along Jefferson Davis Highway from H. E. Wamsley Trucking, Inc. This dedication will provide the ultimate right of way for Jefferson Davis Highway. Approval is recommended. District: Bermuda Preparer: John W. Harmon Title: Real Property Manager Attachments: 0 Yes F] No # U, "] 3 k � ON M I ilk I I CA &I M a I to] 9 Acceptance of a Parcel of Land Along Jefferson Davis Highway from H. E. Wamsley Trucking, Inc. N ChL5terfiefd County Depadment of Utilfties VM'-* E S IV& -66667$:-t G r j U U I., J Om Aay 16 R '6 O.".CoN m -n m 1-4 o5 a M m mrWn o oQv 2 -n m co on > "ag Co oz 00> z -2 0 z 0 T I M M O N S GROUP CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: April 26, 2017 Item Number: 12.13.9.e. Subiect: Acceptance of Parcels of Land Along Old Otterdale Road from Powhatan Community Church, Incorporated County Administrator's Comments: County Administrator: Board Action Requested:. Accept the conveyance of two parcels of land containing 0.288 acres along Old Otterdale Road from Powhatan Community Church, Inc. and authorize the County Administrator to execute the deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of two parcels of land containing 0.288 acres along Old Otterdale Road from Powhatan Community Church, Inc. This dedication is for the development of The Powhatan Community Church. Approval is recommended. District: Midlothian Preparer: John W. Harmon Title.- Real Property Manager Attachments: 0 Yes FI No # r) 4 U 'VICINITY SKETCH Acceptance of Parcels of Land Along Old Otterdale Road from Powhatan Community Church, Inc. A W 0ti 0,.i,14�' cre Dedicatio, [Di- HIAN TPKE 0 it R LE RD M,IDL 0.147 Acre Dedication 7 -7 r4 1� > Lit D O(X A N Chesterfield County Department of utilities *F S i hm -;553.3.3' Tpel 4 2 1.9 (1vloj) miq 09-Z Q 2 z co oov 10N to 9ll COMPILED PLAT SHOWING a tPOP �1119 9,10 H 0)A 5 0.288 ACRE DEDICATED Nil 11 i H o' 9 2 NTO CHESTERFIELD COUNTY 'o -n BEING PART OF GPIN: 722-708-2876 MIDLOTHIAN DISTRICT R a CH I ESTERFIELD COUNTY, VIRGINIA wok CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: April 26, 2017 Item Number: 12.D.9.f. Subiect: Acceptance of a Parcel of Land Along Iron Bridge Road from Southside Baptist Church County Administrator's Comments: County Administrator. Board Action Requested: Accept the conveyance of a parcel of land containing 0.055 acres along Iron Bridge Road from Southside Baptist Church and authorize the County Administrator to execute the deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of a parcel of land containing 0.055 acres along Iron Bridge Road from Southside Baptist Church. This dedication is to provide a turn lane and sidewalk along Iron Bridge Road and is a requirement for the development of Lidl US Operations, LLC Grocery Store (Cogbill and Iron Bridge). Approval is recommended. District: Dale Preparer: John W. Harmon Title- Real Property Manager Attachments: Yes No Acceptance of a Parcel of Land Along Iron Bridge Road from Southside Baptist Church DR 0 Dedication 4tt- �, s �% 01 cc Q 1A Chesterfield County Department of Utilities HIP o 40u) T w 0 ui T, cf) ca rl lv 'Wh 1 c At 19, �Z 10 z< 46 hi's �7M 00 19'W "El O ZO* > O 00 T, 1�0 d, CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: April 26, 2017 Item Number: 12.D.10.a. Subiect: Approval of the Purchase of Off -Site Right of Way for the Beulah Elementary School Replacement Project County Administrator's Comments: County Administrator: Board Action Requested: Approve the purchase of two parcels of land containing 0.269 acres, for $8,445 from Bernard Huff, Inc., for road improvements for the Beulah Elementary School Replacement Project, and authorize the County Administrator to execute the deed. Summary of Information: Staff requests that the Board of Supervisors approve the purchase of two parcels of land containing 0.269 acres, PIN: 775674212700000, 5710 Kingsland Road, for $8,445, from Bernard Huff, Inc., for the road improvements for the Beulah Elementary School Replacement Project. Approval is recommended. District: Dale Preparer.- John W. Harmon Title: Real Property Manager Preparer: C. Matthew Harris Attachments: 0 Yes 1-1 No Title: Budget Director VICINITY SKETCH APPROVAL of the PURCHASE of PG of LANJ ; for the BEULAH EL' MENT RY SCHOOL ID N Chesterfie4d County Department of Utildies rz s ur vvr�i ,vrvu wm 1 a 0 m NAO B3 --�- D� m z U) O z0 > OmC) �7 :K T mm z :� —i ��-GO >n0p QU)o m0�m C) ij —n V z 0D c� z m W wrr .uwy 1 r,ouuu un omizu 1 r o:41 rm t \ 1 ,Z _ x , h vxb� O(l avw� ,a„m o i mx �6gEi6�dr��bPeaw N � s Q ,Z _ h a 2 2 2 y ti yV y x � 2 a m m 2 W h h r 111 x Q __ _ _ _ _ _ _ - 15 DPAWI G PP£ AED♦ YE T I M M O N S GROUP.--"* GY0.V61DYA 111E DiMPAUGx WAG ni GG�..P�GE.. 100t YouAvi Pu.kwy, Sune 300 �+�, V/.21325 Et 66t.IW,65PA NJl6C1.560.101t rnw.4mm�F.sm ,Z _ a __ _ _ _ _ _ _ - 15 DPAWI G PP£ AED♦ YE T I M M O N S GROUP.--"* GY0.V61DYA 111E DiMPAUGx WAG ni GG�..P�GE.. 100t YouAvi Pu.kwy, Sune 300 �+�, V/.21325 Et 66t.IW,65PA NJl6C1.560.101t rnw.4mm�F.sm CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: April 26, 2017 Item Number: 12.D.10.b. Subject: Approval of the Purchase of Off -Site Right of Way for the Beulah Elementary School Replacement Project County Administrator's Comments: County Administrator:_ Board Action Requested: Approve the purchase of a parcel of land containing .013 acres for $600 from Kimberly Grammer for road improvements for the Beulah Elementary School Replacement Project, and authorize the County Administrator to execute the deed. Summary of Information: Staff requests that the Board of Supervisors approve the purchase of a parcel of land containing .013 acres, PIN: 775674519600000, 5539 Beulah Road, for $600, from Kimberly Grammer, for the road improvements for the Beulah Elementary School Replacement Project. Approval is recommended. DistriCt: Dale Preparer: John W. Harmon Title: Real Property Manager Preparer: C. Matthew Harris Attachments: 0 Yes FI No Title: Budget Director "TrIcr(IIATT�-, �Z' APPROVAL of the PURCHASE OF OFF-SITE, RIGHT OF WAY for the BEULAH LEMENTARY' SCHOOL REPLACEMENT PROJECT .013 Acres 5539 Beulah Road ..... . ...... - . . .... Chesterfield County Department of Utilities tiN '3 2 5 dnouoS N 0 W W I I Z '0 8 x ae, t4 Q Z5 i 0. Uf— 0 ,' < 0 Lu r uj Oo r u UU 2 -5 z < 5 < uj LO 2: LU U) LU ZNI, ZE2asemant `—\ 27) r---------------------- m` Ey1�4j Q y ' =h �� W� ��WMM t' � \ E�� M\ 3V rt C� WZpiZ D \8� L6 IV :k: u 252 JOWJed UAIIJBW AQ I WV LZ:6 LLOZILM UO PaROld I 6MV82MV241) SIW(,;a C3NVkVM =10 J JOWJed UAIIJBW AQ I WV LZ:6 LLOZILM UO PaROld I 6MV82MV241) SIW(,;a C3NVkVM =10 J CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 fix 5 71 -,j' j_ LAGENDA Meeting Date: April 26, 2017 Item Number: 12.D.11. -- - I Subiect: Designation of Right of Way for the New Beulah Elementary School County Administrator's Comments: County Administrator: Board Acti Designate right of way along Beulah Road Dor the New Beulah Elementary School and authorize the County Administrator to execute the designation. Summary of Information: In order to construct the New Beulah Elementary School, it is necessary that parcels of county property containing 0.876 acres be designated as public right of way. This request has been reviewed by the county site plan team and schools. Approval is recommended. District: Dale Preparer: John W. Harmon Title: Real Property Manager Attachments: 0 Yes No # 000253 19 MOMMOPP--s MW "VICINITY SKETCH M 5377 Beulah Road .469 acres to be designated as right of way Beulah Elementary School Replacement f441 Beulah Road .407 acres re designated as right of way Beulah Elementary School Replacement Che5terfipld County Department of Utilities 1 hZn - 23 1.671ml ,woes $ 1- Ur WhY crus i tMt-itLu-Lr ra.owg 1 monea on aro/zvi it i:,iv rm I qy mamyn rarmei 'D n tJ -� C �na0 C) on nm -M r D V)n E G) 1 0 o :r rn 0 Z —I —n —n Q rn ;n �,5Et5•itN `$ EooE�� •gd) & a (95sn �d aewi!M (MM ,05) tom I n "o N S Hs T' M M O N S GROUP ROU ••��• vauayss�ou uxisv�omaoanouu. I sooiews,,. w.i,wr wm�,.w,v�s nus • • ru.er.:aa.ssov�r ea sm ,n.. cm s. mm Site Development I Residential I Infrastructure Technology "1r)t"y n �o n m a �,5Et5•itN `$ EooE�� •gd) & a (95sn �d aewi!M (MM ,05) tom I n "o N S Hs T' M M O N S GROUP ROU ••��• vauayss�ou uxisv�omaoanouu. I sooiews,,. w.i,wr wm�,.w,v�s nus • • ru.er.:aa.ssov�r ea sm ,n.. cm s. mm Site Development I Residential I Infrastructure Technology "1r)t"y n n m y r a n y ITI — — a •� N N A v� m � 2 ?NW g � tbp V t�po V .•mn aai n �,5Et5•itN `$ EooE�� •gd) & a (95sn �d aewi!M (MM ,05) tom I n "o N S Hs T' M M O N S GROUP ROU ••��• vauayss�ou uxisv�omaoanouu. I sooiews,,. w.i,wr wm�,.w,v�s nus • • ru.er.:aa.ssov�r ea sm ,n.. cm s. mm Site Development I Residential I Infrastructure Technology "1r)t"y n � -1 0 Z > h, 'o :oc Lon n w R 0 m 0 m a 0 m z TIMMONS GROUP 11 Pao" 1u; . . ..... CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 1!749 AGENDA Meeting Date: April 26, 2017 Item Number: 12.D.12.a. Subject: Request to Quitclaim Portions of a Sixteen -Foot Sewer Easement Across Properties of Emerson -Roper Companies, LLC and EVB, Incorporated 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 portions of a 16 -foot sewer easement across properties of Emerson -Roper Companies, LLC and EVB, Inc. Summary of Information: Emerson -Roper Companies, LLC has requested the vacation of portions of a 16 - foot sewer easement across its property and EVB, Inc. as shown on the attached plat. This request has been reviewed by the Utilities Department. A new easement will be dedicated and a new line will be constructed. Approval is recommended. District: Bermuda Preparer: John W. Harmon Title: Real Property Manager Attachments: Yes No 5; MWM21:10 '101 Request to Quitclaim Portions of a Sixteen Foot Sewer Easement Across Properties of Emerson -Roper Companies, LLC and EVB, Inc. N Chestwfield County DepartmEnt of Utilities WW S 1 M -M3..33 feet 4D 9' zwuo he =U)Z Z Nn SE0 E- r4 w WQ 0. O 14 1A ID'- I'l U.] Au vi'g d cc bdF ENO C% Z ZWy z OZ 6 m_*z,9i,.zts '29"ta 1 all. ✓yiQVINim i 52 Id NP 4 'Woo FF�Q�n Or C, nj 1Ki !3 V�Ov1 Or Wad c; Sa MR zo: ;o— C64i C5 �hhol Wb70 ' -q MdLi �ai IAN ei 46E WE 0, 16 1-1 b lie md" .00t 0-961. 3 vZ.9s,.ZtN V (1V102) .99'94C j, � Ve <0 Ogg - .12 apt ?,,B W wl. dd CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: April 26, 2017 Item Number: 12.D.12.b. Subject: Request to Quitclaim Sixteen -Foot Drainage Easements Across the Property of Mach 39, 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 16 -foot drainage easements across the property of Mach 39, LLC. Summary of Information: Mach 39, LLC has requested the vacation of 16 -foot drainage easements across its property as shown on the attached plat. This request has been reviewed by county staff and is required for the development of Hy -Tech Cloverhill. Approval is recommended. District: Clover Hill Preparer: John W. Harmon Title: Real Property Manager Attachments: 0 Yes 1-1 No 'VICINITY SKETCH Request to Quitclaim Sixteen Foot Drainage Easements Across the Property of Mach 39, LLC 0 > 10 E 16' Drainage Easements to be� Q, ui tcl aim d DE N Chesterfield County Department of Utilities 1w I v00 'bNM 2 znnn Z '2 A I 1� 1.1) Z41 zi 1z"t, III uz 9V CR L ivra c�zZ" Z3 C- ------------ ---------------------- ----------- ---------- ----- 'O17, Z, -91d w �zkn 4 w -) - - - ------ 77/8833a - ZZ, X g6,103, (0 H '9117 Nr L pu 4j q 07 *CIO *elO 60 7-7 Qi ID LQ zi It, t2 -n u bi 'zi e.ols 0/,v T- tP, 01) '0 0 0 05 Z5� 0 06 $P o�iE 469 Sgt 0,,q 0,,q 9G- 1245 23, VG. 0 965. 0. CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of I AGENDA Meeting Date: April 26, 2017 Item Number: 12.13.13. Subject: Designation of Easements for the LeGordon Drive Sidewalk Project County Administrator's Comments: County Administrator: Board Action Requested: Designate a Virginia Department of Transportation sidewalk easement and a VDOT sight distance easement for the LeGordon Drive Sidewalk Improvement Project and authorize the County Administrator to execute the designation. Summary of Information: In order to construct the LeGordon Drive Sidewalk Improvements Project, it is necessary that a VDOT sidewalk easement and a VDOT sight distance easement be designated. This request has been reviewed by staff. Approval is recommended. District: Midlothian Preparer: John W. Harmon Title: Real Property Manager Attachments: Yes No # VICINITY SKETCH Designation of Easements for the LeGordon Drive Sidewalk Improvements Project N Chesterfield County Right of Way Office W E April 5, 2017 1 inch = 666.67 feet 0 to J M.,DLQTHIAN..TPKE:. ZLqC, G) 0 MIDL IANPtA C'0 ct MARTI aR N� TqN XI NG>Wp G) OR - 4 .0 00C7 o TR 4 Z CR' /V C ALDENGATE z ALe L RD �`v —�V 0 'UJ W! a. �gNET LN Designation of Easements for the ... . ..... LeGordon Drive Sidewalk A/VOING . Improvements Project �-J C, Midlothian High School [AND - 2 0 , D/IV(3-Cr 1. CHARTER LANDING -DR BRAHAA48—' N 2. CHARTERS BLUFF PL V 3 3. CHARTER WALK LN 4. CHARTERS 'BLOFF TRL, 5. WESTWOOD VILLAGE DR, N Chesterfield County Right of Way Office W E April 5, 2017 1 inch = 666.67 feet MATCHI.*JF BELOW [Vol Awry �e wJ+ y A •.,� f� MATCHLWE ABOVE r all TIMMONS GROUP r 1 i d � / r r r m fli r a K `®OOO`, vcw vcwauHsatwm nwxrcwows. aw.u., wwt1N`•n�1e»o�Oi uWw.u. xnas ineuxxaum rwr w.046 v..nvrevaam « 8xe davd✓aVn+ep! 1 Raeeitantlal I IalnimknK4ure I TetMafyy � s wmwaaaesa nw» � ,g LE 3ORDON SIDEWALK IMPROVEMENTS EE h $ r RIGHT OF WAY PLAN SHEET CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 . ... .....1789AGENDA Meeting Date: April 26, 2017 Item Number: 12.D.14. Subiect: Request Permission to Install a Private Water Service Within a Private Easement to Serve Property at 10800 Hull Street Road County Administrator's Comments: County Administrator:"��" Board Action Requested: Grant Lim Family Partnership permission to install a private water service within a private easement, and authorize the County Administrator to execute the water connection agreement. Summary of Information: Lim Family Partnership has requested permission to install a private water service within a private easement to serve property at 10800 Hull Street Road. This request has been reviewed by the Utilities Department. Approval is recommended. District: Clover Hill Preparer: John W. Harmon Title: Real Property Manager Attachments: 0 Yes 1-1 No # "VICINITY SKETCH Request Permission to Install a Private Water Service Within a Private Easement to Serve Property at 10800 Hull Street Road kt oe kNA L REQUEST PERMISSION TO M NE D INSTALL A PRIVATE WATER SERVI GE 1c) T1 G N ChEnterfield County Dspartment of Utilities VIP S I hM - 416.67 tel EM UJ L', ic-d-m � (n N Cl c U., 51 w C'.7 2 eL-g 6 L2--. 8�;EF-a ,V I- w Q di — U<, E co MwI8 cn Ld L, 0 to OCTO 2 6 8 W 2 LU W Z LU W 0 U&N z (j U) 00 3t, :r CC LLI Lo , 2 ul cc "d - 00 U) W < CC to Q -q 0 0 Z Li A C9 W a: v 0 L (1) 0 CZ, 0 > - 0 18 Ic IL xC) LLS t8zm 'A Ld L, 0 to OCTO 2 6 8 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: April 26, 2017 Item Number: 12.13.15. Subject: Designation of a Drainage Easement for Virginia Department of Transportation Maintenance and a Temporary Construction Easement for the Route 10 at Branders Bridge Right Turn Lane Project County Administrator's Comments: County Administrator:_ Board Action Requested: Designate a drainage easement for VDOT maintenance and a temporary construction easement for the Route 10 at Branders Bridge Right Turn Lane Project and authorize the County Administrator to execute the designation. Summary of Information: In order to construct the Route 10 at Branders Bridge Right Turn Lane Project, it is necessary that a variable width drainage easement for VDOT maintenance and a 5 -foot temporary construction easement be designated. This request has been reviewed by the Transportation Department and schools. Approval is recommended. District: Bermuda Preparer: John W. Harmon Attachments: 0 Yes Title: Real Property Manager No #N 2'6 9 "VICINITY SKETCH Designation of a Drainage Easement for Virginia Department of Transportation Maintenance and a Temporary Construction Easement for the Route 10 at Branders Bridge Right Turn Lane Project -47 F, 1K . . . ..... . ....... DR Variable Width Drainage, GIR Easement for VDOT Mai nte,nance and a 5' Temporary Construction AR RD >- Easement to be Designated . ..... ........ tA IRV oft .0 C,A, ER/HEIGHTS A V �,m G) 11C z Hyl �y'PINEY E Chesterfield County Department of Utilities I M1 - X383.331 --e m TIMMONS GROUP BRANDERS BRIDGE TURN LANE ROUTE 10 AT j 11 105/ / / / / / / / / / / ' / / / / / / / / / / / / / / / / / / / / / / / / ~~ / / / / / / / TIMMONS GROUP BRANDERS BRIDGE TURN LANE ROUTE 10 AT j 11 AGENDA Page 1 of 2 Meeting Date: April 26, 2017 Item Number: 12.D.16. Subiect: Approval of a "First Amendment to Amended Water Contract" with the City of Richmond for an Additional Five Million Gallons Per Day of Water Capacity County Administrator's Comments: County Administrator: Board Action Requested: Staff requests the Board of Supervisors approve the "First Amendment to Amended Water Contract" with the City of Richmond in a form acceptable to the County Attorney and authorize the County Administrator to execute the necessary documents. Summary of Information: In December 1989, the County entered into a contract with the City of Richmond to purchase 20.5 percent of the water capacity in the City of Richmond's water plant. The contract was amended in October 1994, and it is valid through July 1, 2045. Based on the current plant capacity of 132 million gallons per day (MGD), the County's peak day allocation is 27 MGD. Per the contract, the county pays a portion of the city's direct and joint capital improvement project costs based on the percentage of the county's allocation through each treatment and distribution facility. The County's current average day demand from the City of Richmond supply is approximately 9 MGD, however, the County's peak day demand from this supply has, at times, reached the current capacity of 27 MGD. Current peak day demands in the northern portion of the County are being supplemented by the Addison -Evans Water Treatment Plant and the Appomattox River Water Authority. Preparer: George B. Hayes Title: Director of Utilities Attachments: Yes o No # ON272 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Summary of Information: (Continued) To allow for the delivery of the additional water, the County will construct, own and operate the Huguenot Water Pump Station and Ground Tank located in the City of Richmond, adjacent to the City of Richmond's Huguenot Road Fire Station. To connect the water supply from the pump station to our water distribution system, the County will also construct approximately 4.4 miles of water transmission mains. The project, including the pump station and transmission mains, is anticipated to cost $22.2M and is planned to be completed in fiscal year 2020. As a First Choice Community, Chesterfield County depends on a reliable and safe drinking -water supply to meet the needs of our existing and future customers. Although Chesterfield County is positioned well with our current capacity to meet the needs of our customers well into the 21st century, we must take advantage of solid, feasible cost-effective plans for expanding our water supply as they become available. The City of Richmond supply is critical to the long-term health of maintaining a diversified and adequate water supply, especially during localized drought or emergency situations. 000273 THIS FIRST AMENDMENT, dated the day of ,2017 to the AMENDED WATER CONTRACT of October 24, 1994 (the "Amended Water Contract") by and between the CITY OF RICHMOND, a municipal corporation of the Commonwealth of Virginia (hereinafter "City") and the COUNTY OF CHESTERFIELD, a political subdivision of the Commonwealth of Virginia (hereinafter "County") provides as follows: RECITAL ONE: WHEREAS, by Contract drafted December 1, 1989, the City and the County entered into an agreement whereby the City would, under the terms and conditions set forth therein, sell water to the County for resale by the County to its customers; and RECITAL TWO: WHEREAS, by the Amended Water Contract dated October 24, 1994 (the "Amended Water Contract"), the City and the County entered into a new, amended agreement whereby the City would, under the terms and conditions set forth in the Amended Water Contract, sell water to the County for resale by the County to its customers: and RECITAL THREE: WHEREAS, the Amended Water Contract currently provides, in paragraph 4b for the County to purchase 20.5 percent of the City's water utility plant rated capacity of 132 million gallons per day (MGD), which is equivalent to 27 MGD of water from the City; and RECITAL FOUR: WHEREAS, the County has notified the City that the County wishes to increase its purchase of water from the City from the current 27 MGD peak day volume to a new peak day volume of 32 MGD; and RECITAL FIVE: WHEREAS, the City is willing to sell additional water to the County, and the County is willing to purchase additional water from the City in accordance with the County's notification, as set forth in Recital Four above, under the following terms and conditions. NOW, THEREFORE, for and in consideration of the mutual benefits to be derived by the parties herein, the City and County covenant and agree, each with the other, that the Amended Water Contract is hereby amended as follows: 1. Section Paragraph 4b of the Amended Water Contract is deleted in its entirety and replaced with the following: 4b. For the purposes of making the percentage calculations for payment of Joint Capital Costs in other parts of this Section 4, the peak day volumes desired by the County shall be the numerator and the Water Utility plant rated capacity shall be the denominator. The percentage of Water Utility capacity to be purchased by the County shall be 20.5 percent until increased to 24.2 percent (the "New Water Capacity") pursuant to the following requirements: 000274 a. In order to provide the infrastructure necessary to allow for the delivery of additional water to the County by the City, the County shall design, construct, own, and operate a new water pumping station and new ground storage tank (the "New Water Capacity Facilities") in the City of Richmond. i. The New Water Capacity Facilities shall be built at a mutually agreeable location on property owned by the City of Richmond which property is adjacent to the City's existing Huguenot Road pumping station and the City's Huguenot Road Fire Station. ii. The City shall lease to the County the land for the New Water Capacity Facilities for the rental fee of $1 per year. The lease of the land necessary for construction and operation of the New Water Capacity Facilities shall be subject to the provisions of the Virginia Code Section 15.2-2100. If the lease is not renewed pursuant to Section 15.2-2100, then either the City shall pay the County a one- time lump sum payment equivalent to the then fair market value of the New Water Capacity Facilities, subject to appropriation; or the City shall credit the County the same value towards the County's share of future Joint and Direct Capital Costs. In the alternative, the parties may agree within the initial lease and any lease extensions to a mutually acceptable and equitable alternative mechanism for addressing the County's capital investments in the New Water Capacity Facilities at the end of the lease term. iii. The property on which the New Water Capacity Facilities are to be constructed shall at all times be owned by the City. b. The County shall design, construct, own, operate, and maintain an additional approximately 4.4 miles of transmission water main, to be located on the discharge side of the new water pumping station. C. The City shall design, construct, own, operate, and maintain approximately 4,000 feet of new water transmission main to supply the new ground storage tank. d. After completion of the construction of the new ground storage tank, the County shall provide and install a flow meter for billing purposes, in a location mutually deemed most practical by the City and the County. The County will dedicate the flow meter to the City for purposes of operation and maintenance. e. The County shall design and construct a new access road to the New Water Capacity Facilities and 10 parking spaces for public parking in locations mutually agreed upon by the City and the County. The City shall own and maintain the new access road and parking spaces. 00102,15 f. The City and the County, by mutual agreement, shall establish appropriate controls in order to regulate instantaneous flow from the City's system in connection with the construction of the New Water Capacity Facilities. The County shall implement all reasonable measures necessary to ensure that it does not take a peak day water volume in excess of 105% of the County's then available peak day capacity at this location under this Agreement. The City may implement measures, including but not limited to flow restrictions devices, to enforce this provision. g. The cost for facilities designed, constructed, owned, and maintained by the County shall be borne by the County. The cost for facilities designed, constructed, owned, and maintained by the City shall be allocated in accordance with the terms and conditions of the Amended Contract and attachments. The information contained in the attachments are the current good faith estimate of the parties and is subject to change. h. The County began design of the New Water Capacity Facilities, the additional transmission water mains, and the new access road during the 2016 Fiscal Year. The City shall begin design of the new supply line feeding the new ground storage tank in the 2017 Fiscal Year and shall be complete by Fiscal Year 2020. It is anticipated that all facilities shall be complete in the 2020 Fiscal Year. The City shall begin billing and the County shall make payment for Joint and Direct County Capital Costs in the Fiscal Year of Substantial Completion of the New Water Capacity Facilities, or for Fiscal Year 2020, whichever comes first, for the new 32 MGD peak day volume. Upon completion of the New Water Capacity Facilities, the additional transmission water mains, the new supply line, and the new access road, the County shall have rights to 24.2% of the City's water capacity and shall be entitled to purchase 32 MGD of water fiom the City. For purposes of this section, "completion" shall mean the designation of "substantial completion" pursuant to contracts for construction of such facilities, by the designing engineer(s) for such facilities. 2. The City and the County shall assist and cooperate with each other in the development, construction, and operation of all facilities contemplated to be built in order to effectuate this agreement. Such cooperation shall include each party providing to the other access to all property under that party's control, as necessary to design, construct, maintain, and operate the facilities and shall also include cooperating on joint visits and inspections, joint maintenance, exchange of engineering plans and details, sharing of operational data, and cooperation in the review of plans. 3. Except as set forth herein, all other terms and conditions of the Amended Water Contract shall remain in full force and effect. 000276 I- — U) M o 0 0 'It N N M Cfl 0 M CO ti ti 0 0 0 M CO C'I- ti ccti I .— — oc m co to w� t --m w o m CO M cc 0 0 O M 0 c�S co co "t co ti m � a U M t M 0 Il- N O O N O c0 d d M M LO M M CO _ �- M W c1 M M 0 r --M LO +� O �; CO N N M M M ti Cfl 0 O M V LO co co O O CO I- N Cfl i O N N rt' L6 Lf) C CL L CL chO N d M M� "IT N 0 Cfl 0 LO 0 QO N t0 0'�-N Lt) "It Ln oc d' N N "L Lt! C0 _ r dO d Cfl O to O N_ 00 0 *+ V Cfl N CO M "T r O N Cfl r --O CL d t0 t0 O 0 0 Cfl M 'ICT CC) O O n m p N M N N N U i - a � O L CV -Fu c N V W � d LCL E � N _ N N N N N N J L .V F N cu a N l� o � �3 O I N M 4 Ln �O a E N N N N N N N .(DUa'� N CL 0 O O O O O i Q O N E ^O ctl U E N N N N N N ' W Q I- — U) M o 0 0 'It N N M Cfl 0 M CO ti ti 0 0 0 M CO C'I- ti ccti I .— — oc m co to w� t --m w o m CO M cc 0 0 O M 0 c�S co co "t co ti m � a U M t M 0 Il- N O O N O c0 d d M M LO M M CO _ �- M W c1 M M 0 r --M LO +� O �; CO N N M M M ti Cfl 0 O M V LO co co O O CO I- N Cfl i O N N rt' L6 Lf) C CL L CL chO N d M M� "IT N 0 Cfl 0 LO 0 QO N t0 0'�-N Lt) "It Ln oc d' N N "L Lt! C0 _ r dO d Cfl O to O N_ 00 0 *+ V Cfl N CO M "T r O N Cfl r --O CL d t0 t0 O 0 0 Cfl M 'ICT CC) O O n m p N M N N N U i - a -Fu c Cc, �H a) w E � N _ N N N N N N O N N l� 00 I O I N M 4 Ln �O a N N N N N N N aO O O O O O O N O N O N O N N N N N N N N U- Q � Q CO r C N CN N E O N N N N N U- R'f C `0 I� w � O� O N N N M V LO ,�,� r 0 U O O O O N O N O N O N O N O N O r N t i' N N N N CN N N N N N U- >- LL Z CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 uez= Meeting Date: April 26, 2017 Item Number: 12.D.17. Subiect: Limiting Participation in The Urban Archery Deer Hunting Season to the Midlothian Magisterial District County Administrator's Comments: County Administrator: The Board is requested to authorize the County Administrator to notify the Virginia Department of Game and Inland Fisheries that Chesterfield County is limiting participation in the urban archery deer hunting season to the boundaries of the Midlothian Magisterial District for the upcoming season. Summary of Information: In April 2011, after concerns were expressed about the then -increasing number of deer in the County, the Board authorized the County Administrator to notify the Department of Game and Inland Fisheries ("DGIF") that the county was opting to participate in the urban archery deer hunting season. The urban archery season extends the bow hunting season for antlerless deer by four months by allowing bow hunting for the months of September, January, February, and March. The season was first established by DGIF in 2002 to reduce the deer population in urban areas. Antlerless deer include does, young males, and males who have shed their antlers. Preparer: Jeffrey L. Mincks Title: County Attorney 1325:98261.1 Attachments: 1:1 Yes 0 No 00028 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Based on currently available statistics from DGIF, it appears the deer population in the county has decreased significantly. Accordingly, it is proposed that Chesterfield's participation in urban archery be eliminated in the Bermuda, Dale, Clover Hill and Matoaca Districts. The urban archery program is proposed to be retained within the Midlothian Magisterial District for the upcoming season at the request of the Midlothian District Supervisor. Continuations in the program beyond this season will be reviewed after the urban archery season has ended. DGIF is proposing an amendment to its regulations which would permit the county to limit its urban archery participation to a single magisterial district. The county's current ordinance regulating bow hunting will still apply during the special urban archery season. Accordingly, bow hunters will be required to remain at least 150 feet away from businesses, public buildings, or residences and will not be able to hunt on any property without the permission of the property owner. Staff requests that the Board authorize the County Administrator to notify DGIF that participation in the urban archery program in Chesterfield will be limited to the Midlothian Magisterial District, contingent on DGIF amending their regulations as described above. CHESTERFIELD COUNTY ° BOARD OF SUPERVISORS Page 1 of 1 AGENDA ..L74. Meeting Date: April 26, 2017 Item Number: 12.D.18. Subiect: Transfer $4,200 from the Bermuda Department Of Parks And Recreation Area And Install Benches At Falling County Administrator's Comments: County Administrato W District Improvement Fund To The To Improve The Lawn/Special Events Creek Ironworks Park Transfer $4,200 from the Bermuda District Improvement Fund to the Department of Parks and Recreation to improve the lawn/special events area and install benches at Falling Creek Ironworks Park. Summary of Information: Ms. Jaeckle has requested the Board to transfer $4,200 from the Bermuda District Improvement Fund to the Department of Parks and Recreation to improve lawn/special events area adjacent to Jefferson Davis Highway, located at Falling Creek Ironworks Park. The funds will be used to add four benches and install a set of removable soccer goals so that the property can be used by the community for youth soccer and other appropriate recreational purposes. The Board can transfer public funds to the Department of Parks and Recreation to purchase and install the benches and soccer goals since this is a capital improvement to County property. The purchase will 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 0425:98264.1 Attachments: 0 Yes 1-1 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. goo') -81 5. Is any Chesterfield County Department involved in the project, event or program for which you are seeking funds? No Provide name of other department NIA 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 Parks and Recreation funding? - 7. If the applicant is an organization, answer the following No - corporation Is the organization a corporation Is the organization non-profit? No - non-profit Is the organization tax-exempt? Yes - tax-exempt 8. Applicant information: ME _ Mailing Address P.O. Box 40 Chesterfield va 23832 - address Telephone Number 804-7514484 or 804-314-7815 - phone Fax Number 804 -751 -4486 -fax E -Mail Address connocks@chesterfield.gov - email Signature Signature of the applicant— If you are signing on of an organization you must be the president, vice-president, chairman/director or vice-chairman. Name of Applicant rChliefarks; Planning and Construction Services — on behalf of organization 000282 Stuart W. Connock, Jr. -printed name 4.17.2017; amended -date For Internal Use Date Received: 4-p.jq District: LklryVlU. _, Form: Updated 2/7/2013 - 000283 April 26, 2017 Speakers List Evening Session #1 (Following Presentation of Resolutions) David Paxton 2. Judy Stoneman 3. Donald Wilms 5. Ben Pearson -Nelson Evening Session #2 (End of the Evening Agenda) 1. I�e�vis 2. ToddKVIQJ� 93 9 5. to]: ,• =� � 40111 � Page 1 of 3 Meeting Date: April 26, 2017 Item Number: 14.A. Subject: Road Cash Proffer Policy Update County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to revise the Road Cash Proffer Policy. Summary of Information: Policy Revisions On January 25, 2017 the Board deferred further consideration of a road cash proffer policy until its April meeting. Since that time county staff has been focusing on implementation of the newly adopted cash proffer policy the Board approved on September 28, 2016. The adoption did not define what was originally called "Revitalization and Preservation Areas." In addition, certain aspects of the road cash proffer policy need to be further clarified in order to provide a more consistant and goal oriented process. Over the course of the last several months staff has been engaged in a number of follow-up conversations with the Board as well as members of the Planning Commission. Subsequently, the Board and Planning Commission have approved 35 cases since January resulting in an increased practical understanding of how the new law and policy come together. In addition, on April 18, 2017, the Planning Commission approved 18 more cases, and there are another 14 cases on the board agenda for this meeting. Preparer: William Q. Dupler Title:: Deputy County Administrator Attachments: 0 Yes 1-1 No # 000284 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 3 AGENDA As a result of this experience and these conversations, staff proposes further clarifications to the road cash proffer policy. Proposed changes are highlighted in the attached draft policy: • Reduction in the transportation impact is applied to the board's adopted maximum road proffer of $9,400. • While offsite work generally reduces the impact of development, onsite work does not reduce the impact of a development unless it is in excess of the impact (provides additional lanes) of the proposed development. • Completed improvements constructed within the last five years as part of the development can be utilized to reduce impact on the road proffer where these improvements are in excess of the impact created by the development. This is the timeframe utilized for developer reimbursement of utility extensions. • The statement indicating cash proffers will not be accepted to fund other public facilities is proposed for elimination since this language is unrelated to road cash proffers. • Revitalization areas will be determined using a criteria based approach to assess the revitalization need in the surrounding area. As a result, staff no longer proposes utilizing a map for any revitalization determinations. Criteria for Implementing Road Cash Proffer Policy On December 14, 2016 the Board discussed criteria for revitalization and preservation areas to implement the Road Cash Proffer Policy. The proposed policy allows the County to consider unique circumstances for revitalization projects when the development proposal meets established criteria updated annually by staff for revitalization. For development proposals considered under these circumstances, staff will provide a recommendation regarding the acceptance of a road cash proffer. With these changes staff no longer recommends the adoption of a map. Recommended Criteria Staff recommends a simplified and flexible approach to determine where cash proffers would not be accepted, as follows: 1) Cash proffers would not be accepted for zoning cases located in areas identified through the zoning process using a criteria based approach. Such areas will be: a. Largely developed; b. Have buildings that are generally older than countywide averages; and c. Have a demonstrated need for additional private investment, as measured by permit activity, assessment trends, code violations, or other similar objective measures. aori1) to "f)Qc� CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 3 of 3 AGENDA 2) The criteria will be reviewed annually by staff and updated as needed. 3) Revitalization staff will review the merits of zoning cases through the zoning process and make a recommendation on a case by case basis in each staff report. The proposed revisions to the policy are attached. C, 0 0 2 80" CHESTERFIELD COUNTY, VIRGINIA ROAD CASH PROFFER POLICY This road cash proffer policy is effective as of September 28, 2016. This policy applies to all zoning applications filed on or after September 28, 2016 as well as any pending zoning case which has not received final action from the Board of Supervisors. Cases approved prior to September 28, 2016 which contain cash proffers will continue to be governed by the earlier cash proffer policy which was reaffirmed by the Board on June 24, 2015. A. General Guidelines 1. New residential development has an impact on the health, safety and welfare of county citizens, especially with respect to use of the county's public facilities. For rezoning requests that permit residential uses, the Board will evaluate and accept proffers for transportation facilities in accordance with this policy. In its review of zoning requests, the Board will consider health, safety and welfare issues and measures taken by zoning applicants to address impacts on transportation facilities in accordance with this policy; however, an application containing proffers that satisfactorily mitigate the impact on transportation facilities may not necessarily satisfy allalth, safety and welfare issues. 2. In accordance with Virginia Code §15.2-2303 4an casi3xoffer must be reasonable to be accepted by the Board. A reasonable proffer is offered o raddress an impact that is specifically attributable to the proposed new—g,; restdential do elopment. Moreover, the proposed residential development must creat"e a need or a portion of a need for the Z transportation -facility improvement(" "),,,,in excess o:xsting transportation facility capacity at the time of the rezoning, and theiropered deve�bpment receives a direct and material benefit from a proffer made with resperansportation facility ii-nprovement(s). tar if 3 3. Staff determines the .... crustof ansportadn facilities generated by new growth by relying i ij r �:'iFt t t' on the assumptiop thaty'eendederived from growth (residential and commercial real estate taxes, �sles tabes, fees etc) will pay all the normal operating costs for services to residents,, ew develt mer with no funds remaining to pay for the cost of transportation facilities needed to seri° these residents. State and county laws permit the Board to accept cash proffer s I fund' certain public facility needs generated by any new residential development` " 4. Transportation facilities may be funded by cash proffers. Cash preff ..s will not 5. A development proposal's impact on transportation facilities will be evaluated based on the gross number of proposed dwelling units and transportation needs related to the proposed development. 2723:97339.2 Page 1 of 4 0O.r B. Methodology and Policy Terms 1. There are eight steps involved in calculating the impact of a new residential dwelling unit on the transportation network. The components are as follows: a. Demand Generators: Using the County's Land Use Plan parcel -level database for build- out, the transportation model generates and assigns trips to the County's road network, as identified in the Thoroughfare Plan, per Institute of Transportation Engineers (ITE) standards. b. Typical Improvement Costs: Typical road improvement costs are based on actual construction costs derived from recently completed projects in the county. c. Capacity Improvements: The model calculates the opacity improvements necessary to maintain a Level of Service E network wide, brit tfie Board could adopt a different Level of Service standard for a particular delopmen, area, or region of the County t or for the entire County. d. Gross Cost of Improvements The model uso,the typical road improvement costs and the capacity improvements to blalculate the t*dross cost of the improvements to the network required to maintain a L�eveF6fiServicesE at build -out. s'�`tv e. Credit: The credit i�calx �. fated using the average annual amount of funding assigned to network improve nents,,over the doming six years and applying that each year until build -out f Net G& of Impr' meii� "'The net cost of improvements is calculated by subtracting the creel om the rosscost of improvements. g. Trip Cost: et cost of improvements is divided by the total number of trips generated. h. The transportation proffer for a dwelling unit is calculated by multiplying the number of trips generated by a typical single family dwelling unit by the trip cost. 2. In order to ensure that money proffered by an applicant is used to fund the transportation facilities necessitated, in whole or in part, by the applicant's development, geographic service areas or districts are established across the County. For road cash proffers, rezoning requests are analyzed based on two geographic service districts, one north of Route 360 and one south of Route 360, to determine costs and impact. These service districts are used to calculate a road cost per dwelling unit. The Transportation Department has identified 4-9—traffic sheds across the County and money collected from a development within a 9d®08i 2723:97339.2 Page 2 of 4 particular shed will be spent on road improvements within that shed or on roads that provide relief to that shed. 3. An applicant may choose to mitigate the development's calculated impact on public facilities by dedicating property or doing in-kind improvements in lieu of all or a portion of the maximum road cash proffer of $9,400 as established by the Board of Supervisors. For property designated for dedication (excluding roads) staff will follow the County's procedure for "Acquisition of Private Property for Public Use". The value of donated land generally will be based on the current assessed value of the property, not to exceed the cost per acre used in the calculation of the proffer. The value of improvements shall be the estimated cost as determined by the County and calculated as if constructed by a governmental entity. Generally, onsite work will not be considered unless it provides additional travel lanes ��yond what is required of the development. Consideration can be given to improvements that have been constructed within five _years as part of an overall development, prior to the traffic impact of the entire development being present. If the dedication or in-kind improvement does not fully mitigate the development's calculated impact on transportation facilities, then the dedication and/or improvement's value may be applied as an offset against, but not more than, the developriient's calculated impact on the applicable transportation facility. The offset cannot ex bed the development's calculated impact on the applicable transportation facility �� If'te value of the dedication or improvement is more than the calculated impact rthe aplxcable transportation facility, the County may pay the difference. An offset for roa�tnay be allowed if the Transportation Department determines that�re,rpct on rows created by development will be affected by off-site land dedication or irnzovements. 4. The County will continue to consid'r an;�crcumstances about a proposed development that: (i) mitigate the develop ent's p�o3e'cte��rtr pact on transportation facilities; and (ii) create a demonstiabled n in tra sportatron facility needs. The County, the zoning applicant, or any other°ersor nay rden and demonstrate such mitigating circumstances. r Y�M, , f }i1,0 to +x,41 ,T 5 . The County rel cotiszder r rque circumstances of areas surrounding a „ , evit„' i z„+, o o prese � e�ej clop nei:A proposal proposed development that will benefit adi 'tient areas 14 need of revitalization. based upon revitalization is leealed i tracked annuall b the county. f revitalization of pr-esefvatio.n.. For development proposals considered under these circumstances, a road cash proffer will not be accepted. 6. Notwithstanding the provisions of any proffer for a dwelling unit calculated on a per unit basis and accepted in any zoning case, the County will accept the road cash proffer payment on such unit after final inspection but before issuance of a certificate of occupancy, whether temporary or final. Under no circumstances shall the County issue a certificate of occupancy for such dwelling unit until the road cash proffer for the unit has been paid in full to the County. Other proffered cash contributions, the payment of which is tied in the proffer to a particular time or event, shall continue to be payable in accordance with the terms of the proffer. Timing for dedication of property or in-kind improvements should be specified in the proffer. 2723:97339.2 Page 3 of 4 000289 7. Transportation proffers, land dedications and in-kind improvements must be used for projects identified in the Capital Improvement Program. The Capital Improvement Program is based in part on the County's Public Facilities Plan, which projects long-term facility needs. Transportation proffer payments shall be used to fund transportation facilities. Payments shall be expended in accordance with state law. 8. The Board of Supervisors has established $9,400 as the maximum per dwelling unit road cash proffer that it will accept in a zoning case to address the transportation impacts of a proposed new residential development on the County's transportation facilities. For the purpose of applying this policy, reduction in impact shall be applied to the maximum per dwelling unit road proffer of $9,400 established by the Board of Supervisors. Revised: September 18, 2013 Policy reaffirmed June 24, 201 S Revised: September 28, 2016 2723:97339.2 Page 4 of 4 ` 002,90 CHESTERFIELD COUNTY, VIRGINIA ROAD CASH PROFFER POLICY This road cash proffer policy is effective as of September 28, 2016. This policy applies to all zoning applications filed on or after September 28, 2016 as well as any pending zoning case which has not received final action from the Board of Supervisors. Cases approved prior to September 28, 2016 which contain cash proffers will continue to be governed by the earlier cash proffer policy which was reaffirmed by the Board on June 24, 2015. A. General Guidelines New residential development has an impact on the health, safety and welfare of county citizens, especially with respect to use of the county's public facilities. For rezoning requests that permit residential uses, the Board will evaluate and accept proffers for transportation facilities in accordance with this policy. In its review of zoning requests, the Board will consider health, safety and welfare issues and measures taken by zoning applicants to address impacts on transportation facilities in accordance with this policy; however, an application containing proffers that satisfactorily mitigate the impact on transportation facilities may not necessarily satisfy all health, safety and welfare issues. 2. In accordance with Virginia Code § 15.2-2303.4, any cash proffer must be reasonable to be accepted by the Board. A reasonable proffer is offered to address an impact that is specifically attributable to the proposed new residential development. Moreover, the proposed residential development must create a need or a portion of a need for the transportation facility improvement(s) in excess of existing transportation facility capacity at the time of the rezoning, and the proposed development receives a direct and material benefit from a proffer made with respect to such transportation facility improvement(s). 3. Staff determines the cost of transportation facilities generated by new growth by relying on the assumption that any revenue derived from growth (residential and commercial real estate taxes, sales taxes, fees, etc.) will pay all the normal operating costs for services to residents of new developments with no funds remaining to pay for the cost of transportation facilities needed to serve these residents. State and county laws permit the Board to accept cash proffers to fund certain public facility needs generated by any new residential development. 4. Transportation facilities may be funded by cash proffers. Cash proffers will not be accepted to fund other public facilities. 5. A development proposal's impact on transportation facilities will be evaluated based on the gross number of proposed dwelling units and transportation needs related to the proposed development. 2723:97339.2 Page 1 of 4 B. Methodology and Policy Terms 1. There are eight steps involved in calculating the impact of a new residential dwelling unit on the transportation network. The components are as follows: a. Demand Generators: Using the County's Land Use Plan parcel -level database for build- out, the transportation model generates and assigns trips to the County's road network, as identified in the Thoroughfare Plan, per Institute of Transportation Engineers (ITE) standards. b. Typical Improvement Costs: Typical road improvement costs are based on actual construction costs derived from recently completed projects in the county. c. Capacity Improvements: The model calculates the capacity improvements necessary to maintain a Level of Service E network -wide, but the Board could adopt a different Level of Service standard for a particular development, area, or region of the County or for the entire County. d. .Gross Cost of Improvements: The model uses the typical road improvement costs and the capacity improvements to calculate the gross cost of the improvements to the network required to maintain a Level of Service E at build -out. e. Credit: The credit is calculated using the average annual amount of funding assigned to network improvements over the upcoming six years and applying that each year until build -out. f. Net Cost of Improvements: The net cost of improvements is calculated by subtracting the credit from the gross cost of improvements. g. Trip Cost: The net cost of improvements is divided by the total number of trips generated. h. The transportation proffer for a dwelling unit is calculated by multiplying the number of trips generated by a typical single family dwelling unit by the trip cost. 2. In order to ensure that money proffered by an applicant is used to fund the transportation facilities necessitated, in whole or in part, by the applicant's development, geographic service areas or districts are established across the County. For road cash proffers, rezoning requests are analyzed based on two geographic service districts, one north of Route 360 and one south of Route 360, to determine costs and impact. These service districts are used to calculate a road cost per dwelling unit. The Transportation Department has identified traffic sheds across the County and money collected from a development within a particular shed will be spent on road improvements within that shed or on roads that provide relief to that shed. 3. An applicant may choose to mitigate the development's calculated impact on public facilities by dedicating property or doing in-kind improvements in lieu of all or a portion 2723:97339.2 Page 2 of 4 of the maximum road cash proffer of $9,400 as established by the Board of Supervisors. For property designated for dedication (excluding roads) staff will follow the County's procedure for "Acquisition of Private Property for Public Use". The value of donated land generally will be based on the current assessed value of the property, not to exceed the cost per acre used in the calculation of the proffer. The value of improvements shall be the estimated cost as determined by the County and calculated as if constructed by a governmental entity. Generally, onsite work will not be considered unless it provides additional travel lanes beyond what is required of the development. Consideration can be given to improvements that have been constructed within five years as part of an overall development, prior to the traffic impact of the entire development being present. If the dedication or in-kind improvement does not fully mitigate the development's calculated impact on transportation facilities, then the dedication and/or improvement's value may be applied as an offset against, but not more than, the development's calculated impact on the applicable transportation facility. The offset cannot exceed the development's calculated impact on the applicable transportation facility. If the value of the dedication or improvement is more than the calculated impact for the applicable transportation facility, the County may pay the difference. An offset for roads may be allowed if the Transportation Department determines that the impact on roads created by development will be affected by off-site land dedication or improvements. 4. The County will continue to consider any circumstances about a proposed development that: (i) mitigate the development's projected impact on transportation facilities; and (ii) create a demonstrable reduction in transportation facility needs. The County, the zoning applicant, or any other person may identify and demonstrate such mitigating circumstances. The County will consider unique circumstances of areas surrounding a proposed development that will benefit adjacent areas in need of revitalization, based upon revitalization criteria tracked annually by the county. For development proposals considered under these circumstances, a road cash proffer will not be accepted. 6. Notwithstanding the provisions of any proffer for a dwelling unit calculated on a per unit basis and accepted in any zoning case, the County will accept the road cash proffer payment on such unit after final inspection but before issuance of a certificate of occupancy, whether temporary or final. Under no circumstances shall the County issue a certificate of occupancy for such dwelling unit until the road cash proffer for the unit has been paid in full to the County. Other proffered cash contributions, the payment of which is tied in the proffer to a particular time or event, shall continue to be payable in accordance with the terms of the proffer. Timing for dedication of property or in-kind improvements should be specified in the proffer. 7. Transportation proffers, land dedications and in-kind improvements must be used for projects identified in the Capital Improvement Program. The Capital Improvement Program is based in part on the County's Public Facilities Plan, which projects long-term facility needs. Transportation proffer payments shall be used to fund transportation facilities. Payments shall be expended in accordance with state law. 2723:97339.2 Page 3 of 4 8. The Board of Supervisors has established $9,400 as the maximum per dwelling unit road cash proffer that it will accept in a zoning case to address the transportation impacts of a proposed new residential development on the County's transportation facilities. For the purpose of applying this policy, any reduction in impact shall be applied to the maximum per dwelling unit road proffer of $9,400 established by the Board of Supervisors. Revised: September 18, 2013 Policy reaffirmed June 24, 2015 Revised: September 28, 2016 Revised: April 26, 2017 2723:97339.2 Page 4 of 4 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: April 26, 2017 Item Number: 14-13. Subiect: Page 1 of 2 Deferred Item - Consideration of Code Amendment Relative to Mailed Written Notice (17PJ0124) County Administrator's Comments: County Administrator: Board Action Rec Consideration of code amendment relative to mailed written notice. Staff recommends that the Board adopt an alternative ordinance to that recommended by the Planning Commission. (Attachment A [Alternative Ordinance] and Attachment A [Sample Map]) Summary of Information: On March 15, 2017, the Board conducted a public hearing and deferred action until April 26, 2017. The Board requested additional information regarding the ordinance and practices used to notify citizens of pending zoning actions. In addition, the Board requested that staff explore additional notification avenues. That information is found in Attachment C. Since the Board's March meeting, staff has reconsidered the amendment heard by the Planning Commission and originally recommended by staff (Attachment B [Commission Recommended Ordinance]). As a matter of background, the Board may recall that subsequent to adoption of the existing comprehensive plan, staff reformatted the zoning ordinance to make it more user friendly while at the same time not change requirements. The pending amendment was prompted when staff discovered that a mistake had been made in the reformatting relative to notification. The prior ordinance required, for any proposal to amend a conditional use or conditional use planned development, notice be given to owners whose property was included in the original zoning and was within 1500 feet of the subject amendment. Preparer: Kirkland A. Turner Attachments: 0 Yes FI No Title: Director of Plannin U 91 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Summary of Information (Continued) When the ordinance was reformatted, staff inadvertently reworded the requirement resulting in notification of any zoning proposal to everyone who was subject to the original zoning and everyone whose property is within 1,500 feet of the subject property. The reformatting resulted in significantly expanding written notice requirements. The existing requirements have resulted in citizens receiving notice that are not actually impacted by the proposal and caused many to be needlessly concerned. On February 21, 2017, the Commission on a vote of 5-0 recommended approval of an amendment which would address state law requirements, but would not bring the ordinance back in line with notice requirements prior to reformatting. (Attachment B [Commission Recommended Ordinance] and Attachment B [Sample Map]) Based upon the concerns expressed at the Board's public hearing, staff has prepared an alternative ordinance for consideration which would bring notice requirements in line with that required prior to reformatting (Attachment A [Alternative Ordinance] and Attachment A [Sample Map] ) . In addition, the alternative includes the Commission's recommendation that notice be given to property owners within 1500 feet of communication towers zoning proposals. Mr. Winslow requested that staff provide a cost estimate of written notifications based upon the existing ordinance versus the ordinance outlined in Attachment A. That comparison is attached and includes not only the estimated county cost, but also the development community cost (Attachment D) . The comparison is based upon a representative hypothetical case. Costs per request can vary depending upon the size of the property subject to the zoning proposal. It should also be noted that the costs are for one public hearing or one informational citizen meeting only. While a zoning case requires 2 public hearings, most cases have multiple hearings requiring written notice of each one. In addition, many cases required more than 1 informational citizen meeting for which the development community provides written notice. The second part of the proposed amendment eliminates a duplication in two sections of the ordinance related to notification deadline to adjacent localities and adds a requirement to notify any property owner's associations within the development of the property subject to a zoning proposal. These changes are in compliance with state code. Attachments • Attachment A -Alternative Ordinance and Sample Map • Attachment B -Commission Recommended Ordinance and Sample Map • Attachment C -Notification Requirements and Practices • Attachment D -Example Cost Comparison of Existing Ordinance and Alternative Ordinance 4' 0 0 219 2 Attachment A- Alternative Ordinance AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTION 19.1-42 OF THE ZONING ORDINANCE RELATIVE TO MAILED WRITTEN NOTICE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: That Section 19.1-42 of the Code of'the County of Chesterfield, 1997, as amended, is amended and re-enacted, to read as follows: E. Notice to Subject Property Owners, Adjacent Property Owners and Specific Others. 1. Notice Recipients. For properties located within the county, staff will obtain the names and addresses of property owners from the department of real estate assessments. For property which ties outside the county, the applicant shall provide the planning department with the names and addresses of those property owners which shall be obtained from the real estate assessor's office of the applicable locality. a. Zoning Approval, Appeal of the Decision of the Director of Planning, Historic District or Landmark Designation, Schematic Plan, Administrative Site Plan or Planning Commission Site Plan Applications. The planning department shall provide written notification of these applications to the following: • the owner of the subject property; • persons owning any adjacent property, including property across any road, railroad right-of-way, or body of water; • if the subject property is located at, or within 100 feet of, the intersection of any 2 or more roads or within 100 feet of the intersection of the right-of-way of any 2 railroads, the owners of property situated at all comers of the intersection; • if the subject property is located within 0.5 miles of the boundary of an adjoining locality, that locality's chief administrative officer or designee; • if the subject property is located within 3,000 feet of the boundary of a military base, installation, airport, excluding armories operated by the Virginia National Guard, the commander of the applicable military operation; and 1923:98260.1 Attachment A- Alternative Ordinance if the subject property is located within 3,000 feet of the boundary of a public use airport, the owner of the airport. b. Amendment to Condition of Zoning, Conditional Use, or Conditional Use Planned Development Iin addition to those persons outlined in I. a., the planning department shall notify in writing 6pffatifib .,;.. eendition, all prepeft3-owners whose property was subject to the original zoning or condition provided , such propertyis located within 1,500 feet of the subject property. 1}c.Zoning Approval. In addition to those persons outlined in La. and l.b., if the subject property is located within a development containing open space, the planning department shall notify in writing an incorporated 'ncorporated propertv owner's association within the development. d_Zoning Ordinance Text Amendments Decreasing Allowable Density. Except for the owners of subdivision lots having less than 11,500 square feet, the planning department shall notify, in writing, the owners of property which may be impacted by a zoning ordinance text amendment that would decrease the allowable dwelling unit density of their lot. e—.e. Zoning Approval for a Communications Tower. In addition to those persons outlined in l.a., Lb. and l.c., the planning department shall notify in writing all owners of property within 1,500 feet of the subject property_ 4-. Comprehensive Plan Amendments. The planning department shall provide written notice of a proposed comprehensive plan amendment to the following: • if the proposed amendment impacts property within 0.5 miles of the boundary of an adjacent locality, that locality's chief administrative officer or designee; • if the subject property is within 3,000 feet of the boundary of a military base, installation, airport, excluding armories operated by the Virginia National Guard, the commander of the applicable military operation; and • if the subject property is within 3,000 feet of the boundary of a public use airport, the owner of the airport; • if the proposed amendment designates or alters previously designated corridors or routes for electric transmission lines of 150 kilovolts or more, each electric utility with a certificated service territory that includes all or any part of such designated electric transmission corridors or routes. 000 1923:98260.1 2 Attaclunent A- Alternative Ordinance 2. Notice Deadline. a. For those applications requiring notice to commanders of military operations or, owners of public use airports, b , the notice shall be postmarked a minimum of 30 days before any hearing. OR (2) That this ordinance shall become effective immediately upon adoption. 0q �_J 1923:98260.1 0 0 500 1,000 1,500 2,000 Feet S Attachment A -Sample Map Legend - Attachment A - Sample Map Original Case Boundary subject Amendment Adjacent Notification [_-] Expanded Notification (1,500'- Old Ordinance) Note: If Subject is within a development with a Homeowners'Association, also notify the HOA. ATTACHMENT [Commission Recommended Ordinance] AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTION 19.1-42 OF THE ZONING ORDINANCE RELATIVE TO MAILED WRITTEN NOTICE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That .Section 1.9.1-42 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted, to read as follows: E. Notice to Subject Property Owners, Adjacent Property Owners and Specific Others. I . Notice Recipients. For properties located within the county, staff will obtain the names and addresses of property owners from the department of real estate assessments. For property which lies outside the county, the applicant shall provide the planning department with the names and addresses of those property owners which shall be obtained from the real estate assessor's office of the applicable locality. 000 b. .4-m-A-4-Affieffil- to C;@+iditiea 4 ;4@aing, C-Andilienal L C pevelepmel# E)r- Af)plieatieR to Rei�eae Zoning Approval A royal and Appeal of Director ......._ of Planning's Decision. For an application for zoning approval or appeal of director of planning's decision to the board of zoning appeals, Faf ffiy aetion feteffed +e in AAiele 11 Tin addition to those persons outlined in La.; if any portion of the subject property is within a planned development, the planning department shall notify in writing the last known representatives of all incorporated property owner's or homeowner's eiv4c- associations off the eivie asseeiation notiee4st-operating within the development that has members owning property within 2000 feet of the subject property. area eneompassed by the pfopefty-whic-h is s4jee4 te the ar-igi+iai i�eniHg of eead4ion, all pr-epeAy awffefs Whose pFopet4y was SHI�M t@ the ffigilia4 i�E)RiHg @F 68+lditieH, Mj all E)W*ef-S 4PFE)Pe14�'l8@at@E1 W4444 1,500 4�Ap* A44hp SHI�eet pr-epe+vy. In addition, for an application for zoning approval to permit a communication tower, the Planning department shall notify in writing all owners of property located within 1,500 feet of the subject property. 0 2 k9 1928:97907.2 0 0 7 ATTACHMENT B [Commission Recommended Ordinance] 000 2. Notice Deadline. a. For those applications requiring notice to commanders of military operations or, owners of public use airports, „a;.,,,@„+ i,,eality's ,.t„ef ,:.,;�+,. +;., ,.ff:pee-4: desia: we the notice shall be postmarked a minimum of 30 days before any hearing. 1111101 (2) That this ordinance shall become effective immediately upon adoption. 1928:97907.2 Attachment B- Sample Map 0 500 1,000 1,500 2,000 `"" CJ j Feet s ATTACHMENT C NOTIFICATION REQUIREMENTS AND PRACTICES On March 15, 2017, following the public hearing on the proposed code amendment relating to written notice of pending zoning approvals, the Board requested information regarding existing methods used to inform the citizenry of pending zoning cases and how those methods might be improved or expanded upon. Existing Ordinance and Practices • Richmond Times Dispatch- Cases are advertised for 2 consecutive weeks prior to each public hearing. State Code and the Zoning Ordinance require this advertisement. Written Notice- Fifteen (15) days prior to the hearing, the Planning Department provides a written notice to all owners of adjacent properties and owners within 1500 feet of the property and which is the subject of the zoning proposal. In addition, if the zoning proposal is to amend a prior case, all owners of property which are subject to the original zoning are notified. Notice is provided for each public hearing. State Code and the Zoning Ordinance require this notice. This is the section of the ordinance that is currently under consideration for amendment. Pre Application Conferences -Staff advises applicants during the pre -application process to coordinate their proposal with the District Planning Commissioner. The policy is that applicants conduct information meetings for adjacent property owners and area civic and homeowners' associations at least 60 days prior to the first public hearing. The Planning Department maintains a list of civic and homeowners' associations that have requested to be notified of pending development proposals. Often staff and the Planning Commissioner- are aware of active individuals or associations in the area of the pending proposal that are not on the list and will advise an applicant that those persons or associations should also be notified. This has been a practice for many years. • Email -The Planning Department maintains an email list of individual citizens, homeowner's associations, civic associations, and other organizations who have requested to be notified of public hearings. Currently approximately 1500 citizens receive these emails. During meetings on pending development proposals citizens will express interest of obtaining notice on pending development proposals and staff will obtain their information to add to the email list. This procedure is viewed as a Freedom of Information request and therefore, required by State Code. Sign Posting and Teleworltis-Twenty (21) days prior to the first hearing, signs are posted on the property subject to a zoning proposal. In addition, if the property is at the terminus of a road, signs are generally posted along roads leading to the property, at neighborhood entrances or intersections of connecting roads. The Zoning Ordinance requires this notice. The signs provide a phone number to call for information that can be obtained 24 hours a day. (Attachment C- Sample Sign Posting Map) 00300 BOUXOl`■_NVINk l • Website-Zonung agendas are posted on the Planning Department's web site which also has other interactive online tools such as maps where information may be obtained on pending development proposals. Proposed Future Notification Efforts Weekly Update -The Department of Communications and Media emails approximately 6000 individuals and associations with weekly updates on county affairs. This effort is known as "Weekly Update, Chesterfield County, Virginia." The newsletter is being updated to provide a link to the Planning Department's Development Proposals web page which contains not only Planning Commission, Board of Supervisors and Board of Zoning Appeals agendas, but also pending site and subdivision plan reviews. Brochure- Throughout the year planning staff meets with citizens in a variety of forums and on a wide variety of topics. Staff will at each such meeting explain briefly that citizens may be kept up to date on upcoming agendas via our website and by signing up for our email delivery. We will be preparing an updated pamphlet to hand out in such forums furthering explaining notice procedures and opportunities. 0000301 0 0 500 1,000 1,500 2,000 — Feet Attachment G Sample Sign Posting Map Original Case Boundary Subject Amendment Um DU0302 O 00 W o .00303 0303 4-4an ;-4 M rA kr) 4-4 kc) 4-4, 00 CIO On 7t 4.1 O 00 W o .00303 0303 p - FE 00a sm J 0 0 C,4 Ell) 0U "61 00 Ca O Cd A4 'Cd O to oz d 0 bn CS bn 0 p - FE 00a sm J 0 0 C,4 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA J74 Meeting Date: April 26, 2017 Item Number: 16.A. Subiect: PUBLIC HEARING: Ordinance to Vacate an Existing Eight -Foot Easement Across Lots 1-17, Wynwood at Foxcreek, Section 2 County Administrator's Comments: County Administrator: Board Action Requested: Adopt an ordinance to vacate an existing eight -foot easement across Lot 1-17, Wynwood at Foxcreek, Section 2. Summary of Information: RREF II -TFC Wynwood, LLC, has submitted an application requesting the vacation of an existing eight -foot easement across Lot 1-17, Wynwood at Foxcreek, Section 2. This request has been reviewed by county staff, Comcast Cablevision and Verizon. There are no improvements in the easement. Approval is recommended. District: matoaca Preparer: John W. Harmon Title: Real Property Manager Attachments: 0 Yes F-1 No # 000 3 0 5 "VICINITY SKETCH PUBLIC HEARING: Ordinance to Vacate an Ex sting Eight Foot Easement Across Lots 1-17, Wynwood at Foxcreek,. Section 2 RJ BLI C HEARING: ORDINANCE TO VACATE AN EXISTING 8' EASEMENT -- — -- - - - - ------ ------------------------ ------------ j PUBLIC 14EARING: ORDINANCE TO VACATE AN EXISTING S' EASEMENT WAY N Chesterfield County Department of Utilities WW I A cu GA:tl co *0 N n V C6 a: co co 00 rb N h z 2 QF 0 ti z9_61; .9d .9, z CIA MIN HIGM -:nSV18VA . . C9 Mal &3GI& S -T4 to N I A Q2: 0 66 0 0 tRtR z r- z Cj r - 41 tAj 7w: a, 1-19 ?5 owm U,) 01 "all V. 0 -1 Q 4 oco� Ili C. O Q 4" Z ci Z�8 1 k1ZZz A377V Z zt z 0 30 VdS N3d0 A377V SSY&DIONN V 30 Vd,9 N3d0 3.9elif!;f-5 3.9e,if.9fS —J� !moo 000 . 00.91 !9 '45 W 14 14 iL lez -.Qj E'9699Z 9r2222222 A. A, to E, c cs NE th- C4 'a a: co -Z C-4 CY) Ch C:l (A 1.,- 0 CL a0. CL 00 k6 CA E - C6 a: CIA .222222222 . . A W4 LU w 41 tAj Z OPEN SPACE owm 0- Q 4 Ili 1 k1ZZz Z zt z . 00.91 !9 '45 W 14 14 to CY) op Op cht�l 1 ul (a i 1O'1 96 xw 10, v N 6-44-10 to 'o 'o 'o 'o 'o 'o 'o '01,01 d(S ocze& < IP (018 12 R, CRI tR' RIZI V to CL ocn Ricbmona Mmes-Dispatcb Account Number Advertising Affidavit 6025752 300 E. Franklin Street Date Richmond, Virginia 23219 (804) 649-6208 April 19, 2017 CHESTERFIELD COUNTY RIGHT OF WAY OFFICE 9840 GOVERNMENT CENTER PKWY, P.O. BOX 608 CHESTERFIELD. VA 23832 Date Category Description Ad Size Total Cost 0 411 912 0 1 7 Meetings and Events TAKE NOTICE That on April 26. 2017, at 6:00 p.m. or as soon 2 x 20 L 195.00 TW OME Thi on AO I toll, at 69 pm 01 is saln ihExtilbr as q be Publisher of the hard Bard d d petvfieb Cowdy at � regubr NOTARY PUBLIC meding iltkPldu RaomofdlestefieldCanty,Vr alwlrc � tkJo1b*=lor14 W Richmond Times -Dispatch 9eaw 8 easarnnt in lots 1.17, AN OPDINNICE to VW an ==on wrmrood11,0 �sedm2 =onapW�r Koolt- alf, This is to certify that the attached TAKE NOTICE That on April was P.C, dated Mlr �,l014 terordo. fr er l6 2011, m too t2lrk �Ofhce Cdtuit Coat, (Iles6rrfield Colntr, Vrgba 11 Pbt gook 22Q 9 Pige published by the Richmond Times -Dispatch, Inc. in the City of It Richmond, State of Virginia, on the following dates: Thetoal ltwofthe o►�mnonfit 0the �fficetight wap Oiilce n Canty, VWA and may be Nnmined by 04112.0411912017 of all iliertsted porbesbetwedl the Mans d Do am wit PX Wm. do to* rriinggFF�' ssomjwNld6adTii� ppr0i h b1haaeletoper ontleaoassibiryol The First insertion being given ... 04/12/2017 hefa*arneedfor OVA aaolano 61SshouldtadadJam ce & Blaldey, Clerk to the Board 9 76120. Persons ne* titer pnOr sel a br IN deaf must aofily Ore Clellli to to Board ra Iyer Newspaper reference: 0000514634 %00121, 209. Swom to and subscribed before me this V61. (� I No Public Supervisor THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU KimbOdY B. Harris NOTARY PUBLIC State of Virginia Commonweelth of Vlrginis Notary Registration Number 356753 City of Richmond Commiss,on Expires January 31, 2021 My Commission expires THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: April 26, 2017 Item Number: 16.B. Subiect: PUBLIC HEARING: Ordinance to Vacate and Conveyance of a Portion of a Seventy -Foot Unimproved County Right of Way Dedicated with Winterfield Station Subdivision, Section 1 County Administrator's Comments: County Administrator: Board Action Reauested: Adopt an ordinance to vacate a 70 -foot -unimproved county right of way dedicated with Winterfield Station Subdivision, Section 1 and authorize the Chairman of the Board and County Administrator to execute a quitclaim deed to convey a portion of the right of way. Summary of Information: Rebkee Partners Winterfield, LLC has submitted an application requesting the vacation of a 70 -foot unimproved county right of way dedicated with Winterfield Station Subdivision, Section 1. This vacation is part of the Winterfield Road abandonment and relocation associated with the Villages at Midlothian Town Center (Michaux Village Phase 1) . This request has been reviewed by county staff, Comcast Cablevision and Verizon. Necessary easements will be retained. Approval is recommended. District: Midlothian Preparer: John W. Harmon Title: Real Property Manager Attachments: 0 Yes FI No # 000308 VICINITY SKETCH Public Hearing: Vacation and Quitclaim of a Portion of West Winterfield Road XWT7 UJ,,' �IG Z- LL j........ -l-1--l" Vacation and Quitclaim of a ix- lij Portion of West Winterfield Road - --- -------- GS '0 -J AZI 4 N Chesterfield County Right of Way Offcie E April 5, 2017 1 inch = 33333 feet NOTE.' THIS COMPILED PLAT WAS PREPARED WITHOUT THE BENERT OF A TITLE REPORT AND IS SUBJECT TO INFORMATION WHICH MAY BE DISCLOSED BY SUCH. NOT ALL EASEMENTS AND NO IMPROVEMENTS SHOWN. 16' DRAINAGE EASEMENT i P8.150 P020-26 4WvA,hmate Location kuCO Easement D.B.8231 Pg. 747 15' Gas Easement D.8.6187 Pg. 190 15' Comcast Easement 0.8.6256 Pg. 254 20' vedron Easement D.B.6256 Pg.249 20' Gas Easement 0.8.6125 Pg.526 + 20' Gas Esmt. D. B. 6187 Pg.190 Peter T. & She4y A tW&w1&'X 'Al / 725-711-3130-00000 e' W/NIZ74f7ELDTA77ON D.B. 9411 Pg.920 / �� 5ECT10N 1 1437 4094sbone Lane / P.B1.50 Pg.20-26 , LOr AZZ , / / Drew Jrot= & J.P. COMPILED PLAT SHOWING 5 NeWIle PORTIONS OF A 70' PUBLIC 725-711-2421-00000 LOT 41 0.8.10900 Pg. 479 1431 Marylebane Lane � 70 15' Comcost Es PUBLIC O. Fs. 6256 Py.25 aM 61bY Cecile AL Fumagar-Mun 725-711-1610-00000 /TO19E CA TED r u / MDTH WA7 AND DRAIN, EASEMENT �P4WS_ F TO BE PARCEL iALLEY .f. PARCEL A 2,851 PARCEL B 4,200 PARCEL C 3953 PARCEL 9 6,140 PARCEL E 1,289 o L .-- r c de A. Bridges Ue. No. 3332 41512017 REBKLT PARTNERS W/AVRFIELD LLC 725-711-3604-00000 - 9.8.10917 Pg.312 0..8.10962 Pg.481 11418 1Inteffleld Rd. 0 60 120 SCALE- 1"=60' URS COMPILED PLAT SHOWING 5 rev.•41512017 PORTIONS OF A 70' PUBLIC Update Owner info RIGHT OF WAY TO BE VACATED DATE: 1/27 JWl DR A LWIN aM 61bY aWl TAN XMW JFDNGT_H C1 30.00 173945 38. '05'05 S16W 12 ' 35M' 22.06 L1 562°2805' 06 C2 5&00 WOW' 112.29 S14'4835 112.13 563( L2 S37313W 112.29 Zj 663.00 45F14 52.28 335-T 48 5226 26.15 13 N=218 76t6t C4 73500 7760 9536 AGti'4851 9531 47.76 L4 N3731 ?06T8 tN 3t.00 89'5933147.12 5077751 4242 3LI00 L5 W28W ,I500 700,00 547 7u72 Ra226 70.69 35.39 L6 =8'05'f,1500 C 7X00 07304 +i22 5372423 22 3 1.61 t 352'2805 35.00 0 60 120 SCALE- 1"=60' URS COMPILED PLAT SHOWING 5 rev.•41512017 PORTIONS OF A 70' PUBLIC Update Owner info RIGHT OF WAY TO BE VACATED DATE: 1/27 SCALE: MIDLOTHIAN DISTRICT JOB NO:: 4 54150245.00 15 CHESTERFIELD COUNTY, VIRGINIA • PLANNERS • ARCHITECTS • ENGINEERS • SURVEYORS• 15871 City View Drive - Suite 200 • Midlothian, Virginia 23113 • Phone (804) 794-0571 -Fax (804) 794-2635 CODA lRiOW00 aimes-DifivatO Account Number Advertising Affidavit 6025752 300 E. Franklin Street Date Richmond, Virginia 23219 ( April 19, 2017 804) 649-6208 CHESTERFIELD COUNTY RIGHT OF WAY OFFICE 9840 GOVERNMENT CENTER PKWY. P.O. BOX 608 CHESTERFIELD, VA 23832 Date Category Description Ad Size Total Cost 04/19/2017 Meetings and Events TAKE NOTICE That on April 26. 2017, at 6:00 p.m. or as soon 2 x 20 L 195.00 TAME That on *1120D, at w PA or as on therslter is mar Da Publisher of the W to Board of Wr0 as of Chestafald County 9 b regular meto eil he Pail: IaomofChesterWcam, vr• Richmond Times -Dispatch l slka �tl�tabr�g�rlcelaadoPGon, M ORDINANCE to soda old a me" d a patan of We yAdetfieldbad,fha fekiswim Sedoni,asiawrionI W This is to certify that the attached TAKE NOTICE That on April was jy*cr�w"D ,R' dakdAad 16,20M the Clerk's OiBce, Cupp Court, gl6terfdd Cauety, published by the Richmond Times -Dispatch, Inc. in the City of r>� 20, �, m inpgtBook)SD atPagets Richmond, State of Virginia, on the following dates: ted of ero�Fmqbe �TohgIad la 04/12.04119/2017Wce � iterated Pubs btbreah Ile taws � B30 am and iAp Pm,Mon• daythrolo' Tta hs d iapk desF d tobe lass& to per. s��eLArjpersaw nthi p tidwenlaaasslifool The First insertion being given ... 04/12/2017 the facilh a reed fa r�onaDle aaamrodatiaw shadd arbot Lao- it- E & lark to the Board, at 76121. le= rkek � sKe for h dai most nobly tk W to the Board n0l W Newspaper reference: 0000514631 17. Sworn to and subscribed before me this C� �r1L L Notary Public Supervisor Klmbarly ea. NOM* NOTARY PU6LIC Commonwealth of Virginia State of Virginia Notary Registration Number 356753 City of Richmond-nmmissinn Expires January 31, 2021 My Commission expires THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: April 26, 2017 Item Number: 19. Subiect: Adjournment and Notice of Next Scheduled Meeting Supervisors County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: of the Board of Motion of adjournment and notice of the Board of Supervisors meeting to be held on May 24, 2017, at 3:00 p.m. in Room 502 at the County Administration Building. Preparer: Janice Blakley Attachments: a Yes Title: Clerk to the Board 0 No #