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2017-08-23 PacketCHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: August 23, 2017 Item Number: 3.C. Subiect: Work Session - Housing Updates from Richmond Association of Realtors and Home Building Association of Richmond County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Ms. Laura Lafayette, Chief Executive officer, Richmond Association of Realtors, will update the Board on Chesterfield's housing market, including trends in residential sales. Ms. Danna Markland, Chief Executive Officer, Home Building Association of Richmond, will also present a market update from the home building industry. Preparer: Janice BlakleV Attachments: Yes Title: Clerk to the Board of Supervisors No �fbM11 8/6/2017 A, jtll� 7TI, A0 CHESTERFIELD MARKET UPDATE Laura Lafayette, CEO Richmond Association of REALTORS' A C V R MLS nisi C 114 �(,I�N D .j. — '�,,n` 77 rginia Regional MLS gil', ily Residential Market . . ..... Ad'; �Av List Price�Sa�IePn�ce """10,76 $237,853 $228,051 41,133, $226,168 $216,903 2012: 12,1499 $229,816 $222,487 2013: '13,497 $257,288 $233,693 2014: 13,646 $269,654 $243,367 2015: 15,479 $293,486 $257,334 2016: 16,679 $291,270 $259,865 ,6A CVR MLS ON.., PC Go 1C I G Azl� 11 News job growth are outperforming istorically in Central Virginia: 7,200 jobs • Average annual job growth last six years: 12,400 • Unemployment Rate below 4% CVR het L 5 Powhatan: Richmond: 0 3,655 277 462 2,406 tesidential--2016 -30.4% 13.5% -1.2% -3.9% 3.2% -1.2% 12.6% 8.1% ULM 26, W GICIOOOZ]�, 8/6/2017 2 idential--2016 Charles Ptyvllll -21.6% Chesterfield $266..484 3.4% Go'bchland, $477,945 9.6% Hanover $292,851 4.1% Henrico $269,222 -6.0% New Kent $277,003 -1.2% Powhatan $299,490 2.6% Richmond $265,813 10.1% lee, coo I 8/6/2017 3 8/6/2017 'rice 2015, 2016, 2017 YTD 'ily Residential Chesterfield $257,623 $266,484 $282,105 Hanover $281,419 $292,851 $300,420 Henrico $286,482 $269,222 $285,122 Richmond $241,391 $265,813 $281,258 AA C 11 V R M L S MUM . f—.Ii Me 2016, 2017 YTD d6/Tbwn homes =mum Chesterfield 433 469 294 Hanover 175 244 115 Henrico 930 948 487 City of 291 333 197 Richmond C I .,114 O— N D . I 8/6/2017 Ratio 2017 YTD enily Residential U, Ratio 2017 YTD 9 .91% anover 99.24% H6nrico 99.38% Richmond, 98.96% Cumulative January— June 2017 C , N-11 nventory 2017 YTD I Residential RICK MtCND A "Winths,Supply Hanover 3.67 'kenrico 3.12 Richmond 2.57 Cumulative January—June 2017 RICK MtCND A 7 8/6/2017 $312,846 $300,420 Henrico N�*5�MPMMikb $305,632 $285,122 'Richmond 160• 1334 $303,994 $281,258 7 8/6/2017 8/6/2017 June Market Snapshot 2016 2017 2016 2017 Closed Sales 672 668 2,595 2,785 7.32% Pending Sales 556 621 3,392 3,523 3.86% New Listings 746 841 4,306 4,509 4.71% Average Sales Price $281,909 $297,908 $263,140 $282,105 7.21% Closed Volume 191.71 199,76 692.15 793.73 (Millions) -AA C WR,;, MSit 11 ; JOIdJune Market Snapshot Diimbtam w 11OW'n SAO by Ne lunp MIXA1 ��Z MAI 3 fk'-dl 4 NMI 5 [W and l 5.61%, 9.0 2 25 3 1 ess 15 $1 25001 7.05% 19.0 3 33 3 0 $0:000 150001 23.33% 10.0 2 94 31 2 200:000 t200001 275:00018.0 1 39 73 8 NOW $2354 5 0" :17.72% 24.5 0 14 62 22 $350001 11.75% 26,0 1 5 38 21 $425:000 $425001 1 3 27 39 12.66% 26.5 and up TOW Pell&ng Uww 5,53 17 0 10 213 237 93 Total Pen6,v Volume 155.378,275 2,02M 40,68M 7329M 39,38M Mod4n Usk�,g Plim $244,950 $162000 $178.100 $284,500 $3W000 ... . R 121C ...... AA CVR MLS TW �U, iLP ml Q4 DWributim ol`Clowd Sak,v by Nice Range 16,5 . . .. . .. . . . . . . .. . . $125,000 5 and less 15.90%�' $12601 2 $ 1 75000 25 175001 12.48%� 200:000 1 $200001 25 $275:OW 25.41W 1 275001 350:000 3 $350,001 113 $450,000 17.83%' $450,001 75 and up 71 Total Closed volunic 189,673,135 Median Closed Nim $245,000 irket Snapshot -16 NIIXW� 6213cd, 3Bed,, 4 Be& 5 Bed 4.46% 16,5 6 19 5 0 15.90%�' 10.0 i 2 80 25 0 12.48%� WO 1 57 25 1 25.41W 12.0 3 42 113 13 17.83%' 19.5 0 24 71 25 12.78% 31.0 0 3 45 38 11.14%� 26.0 1 2 31 41 15.0 13 227 3151181 21,06M $134.000 44,45M $184.000 93.17M $265.000 50.00101 S399.1601 Area P 5 570 613 703 699 819 847 774 890 955 280 306 302 'A 8/6/2017 H-0 8/6/2017 °ales rite 41, ar 54 191,826 202,716 224,383 230,784 236,756 257,773 285,090 300,165 313,466 347,155 349,153 391,705 It I Nr.,, M1 0 N D c 10 0 �cl I fj Q* Aity Remains a ?nge holds are cost burdened (pay -30-49% on housing) 11.5% are severely cost burdened (pay > 50%) The age co-horts of 65-74 and over 75 are the two fastest growing age co-horts in Chesterfield. -,,A1� - "WAIIIIR1,01" ", IM" MI, � "J1Y:010 UM WN . CVR NQU-1 MI n:.Nwi Strategies rri o"r, Strategies: Density, Land Banking Pursue 'uesue mixed use, mixed income Preserve/Revitalize older (affordable) housing stock * Create more affordable options for seniors -0 PH LW hiu HVI-L CVR MLS 8/15/2017 10 8/22/2017 HOME BUILDING ASSOCIATION OF RICHMOND Chesterfield County Board of Supervisors, New Home Market Update - 8.23.17 Danna Markland, Chief Executive Officer 1 Local subsidiary of the Home Builders Association of Virginia (HBAV) and the National Association of Home Builders (NAHB), serving Richmond region Trade association for 500+ member businesses Home Building involved in all aspects of the residential land Ass • • • development and construction industry: • • Richmmortgage Builders, developers, architects, engineers, brokers, interior designers, contractors, attorneys, etc. �1 '�; Significant increases in membership over the last \� •, several years 1 8/22/2017 New Home Closings by Product and Overall Average Price In the Richmond Area Market January - lune Six Month Periods Source: Integra Realty Resources -Richmond Charles City County was replaced with Caroline County in 2009 3,000 $425,000 10111sxKle-f-ily Detached condo/Townhouse-4s-Avg, Prk, 302 2,500 $3"1W6 $369,792 $374, $375,000 $as6,6o7 $332,1 21064 24,136 LOW $307,7 ... $325,000 99,110 $302,771 1.711 '.. 1,613 1,500 $275,000 1,194 1,169 1,192 3,279 110!0 1,000 !41 !66 $225,000 � 134 SOD $175,000 0 - $125,000 2006 tom 20( 2009 2010 2011 20:2 20:3 2014 toss 2016 2017 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............................................................................................................................................................................................................................................................................................................................. . . . . . . . . . . . . . . . . . . . . . . . . . . . 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. . . . . �...�...�...�...�...�...�...�...�.. Now Nemo Closing f by Jurisdiction ..:...:...:...:...:...:...:...:...:...:...:...:...1...;...;...:...:...1...1...1 Jan -Jun 2016 Jan -Jun 2017 Closings Avg. PHce E.. i••-E•'•-'--•?•••?-••i•••i•••i••••iction Jurisdiction Closings Avg. Price Closings Avg. Price Chane Chane i• ....... ...j ................. i..s...1...1...1...1...1...1...1...1.. ...j._.. .. .. .. .. .. .1...1...1...1...1. ••� Groyne County i i 25 $241 456 43 $255,668 72% 6% 1•••1•••1•••'•'•''••''••''•'1'-•�• ...................................................................... ... .... ...:...:...:...1.. .. ...:...... Chesterfield ,,,,•,,,,•,,,,,•,,, ,, ;111;1-,,-, County 529 $390,763 704 $398,467 33% 2% . . • Goochland County 36 $532,278 42 $464,812 17% -13% Hanover County i...i...i 233 $327,062 216 $343,688 -7% 5% ' ...............:...:...:...:...:..:...:...i.......:...:...:...: :...i Henrico County i.....i...':...i...i...i...i...i...i...i...i., 247 $400,687 343 $383,088 39% ........:...:..:...:...:.......:...:...:...:...:...1...1...1...:...1...:...:.. -4% i E ......i...�...i............i...i.. . -� New Kent County 51 $310 796 79 $318 797 , 55% 3% i.. :...:...1...1...1..1...1...1.. .1...1...1...:...: Powhatan County 1...1...1...1...1...1...1. 43 $406,125 54 $393,161 26% -3% . .!...1...1...1..1.. • ��i Ci of Rich mond 115 $283,151 132 $308,042 IS% ..1...1...:...1...1 .............. 9% ...: Condo ownhouse /T 283 288 664 $ 358 299,386 $ 27% 4% i.. ..i.....................i...i.. .:...:...:..:..:...:...:...:.. .i...i...i 5i n le-Fam'Iy Detach 9 $392,843 1,255 $395,673 26% 1% '•' ,'•'••1'••1'• ...............:...:..._......1...1...1...1...1...1...1...i...i...i ' :Taal 1 1.279 $369,792 1,613 $374,302 26% 1% i......�...`...`...`...:...:...:...:...:...:...:...:...:...:.. :.. :.. :.. V. ..1...1..........j..... .... i.. ....;...;..1...1...1 ...:...:..:..: . _Source: Integra Really Resources -Richmond .................... V. 2 Chesterfield New Home Closings and Average Sale Prices by Submarket Jan - June 2016 Total closings: 529 Avg. price: $390,763 Jan -June 2017 Total closings: 704 (+33%) Avg. price: $398,467 (+2%) El Chesterfield County Submarket Map (Integra Residential Report Submarkets) F11 8/22/2017 3 Sonrer. Affordability: Expensive to bring raw land to development ■ How to increase affordable housing inventory: Smaller homes; lower square footage requirements T Higher density along transit corridors - seniors and entry-level markets 8/22/2017 • Population Projections: Weldon Cooper Report Quly, 2017): Virginia's elderly population anticipated to double in size between 2010 and 2030. Increase in senior population to account for 53% of Virginia's total population growth. ■ Chesterfield County by 2040: WaT Pe. Projected Population: 435,294 Projected Population 55 and older: 123,513 55+ Age Range % of Total Population: 28% • What does this mean for the industry and the County? Quantifying the demand in Chesterfield County Design Requirements and Trends • Brighter lighting, low maintenance exteriors, open floor plans, `l first -floor master bed and bath, energy efficiency upgrades, etc '• Location s.cnooet enter ra/ . ' 4a:population-pmiection5/#im-vapoRRrgJ it 4 �;ri' �:'` / ■ Labor Shortages: Recession drove many from the construction industry - between April 2006 and January 2011, the construction industry eliminated more than 40% of its work force. ■ Nationally and regionally, many of those workers What Are We haven't returned. • • The Problem? Lack of technical training in schools; overall less emphasis on the trades; numerous workforce development initiatives locally, regionally, and statewide. Impact on the Housing Industry? !, Higher costs and longer project schedules 8/22/2017 5 SIFT CREEK GORDON ELEMENTARY BEULAN ELEMENTARY [_7 s:. ►,�, c l\y .w.,. 1-� 491# kk .�: 7� i. ii7♦"'a� v ' 1 j Mme+} ' :Q yrs �1 �`. j r i t SALEM MIDDLE SCHOOL Im ECS EI EMENTARY JAMES RWER HIGH SCHOOL BETTIE WEAVER ELEMENTAIRY DAVIS MIDDLE A�At ' - 1, BELir BETTIE WEAVER ELEMENTAIRY DAVIS MIDDLE h MARGUERITE rrE CHRISTIAN ELEMENTARY CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: August 23, 2017 Item Number: 3.F. Subiect: Work Session - Chesterfield County Public Library and Friends of the Chesterfield County Public Library Trends and Updates County Administrator's Comments: County Administrator: Board Action Requested: Hold a work session to update the Board k�n CCPL and FOCCPL trends and updates. Summary of Information: Mike Mabe (Library Director) and Andrea Brown (President of Friends of CCPL) will provide an update to the Board of Supervisors on CCPL/FOCCPL trends and updates and staff will be available to answer questions. Preparer: Michael R. Mabe Attachments: 0 Yes Title: Director of Library Services ❑ No CCPLCHESTERFIELD COUNTY PUBLIC LIBRARYCHESTERFIELD COUNTY PUBLIC LIBRARY INDIVIDUAL ORGANIZATIONS ��M ��^" � ° Card Holders —25[LO8O users ° Services: ^ Traditional —[oUecdons,Reference ^ C[PLWay —Individualized Learning Experiences AID 8/11/2017 ==== FRIENDS ° Membership: , 7OOdues paying members ° Fiscal Support: ^ $35'O0OCCPLpnogmrnsupport ^ $9,0OOCCPLscholarships ~ $D\0UOlocal branch support ° Advocacy: ^ Local Public Library Service ^ Library Budget ^ Library Facility Expansion 1 FACILITIES North Courthouse Road Library SERVICES 8/11/2017 w1rii/ giv i/A m Midlothian Library CCPUd1B"RA'kR;cY` r.. R �EN I DS CC P Lol"B"RARY III `RIENDS 8/11/2017 CCPL UPDATES The increased funding for hours and materials in FY2017 has resulted in: • Thursday Traffic — immediately regained 58% of traffic lost after hours restored • Library Visitors— visitors to the facilities up 2% • Circulation —total material use stable, no reductions. CCP LIBRARY �1 J, Li Is 3 A� 51, 01 z . PM, TR AV 5 z"i ou, aaw; rrfNOV Illaw CCPL UPDATES The increased funding for hours and materials in FY2017 has resulted in: • Thursday Traffic — immediately regained 58% of traffic lost after hours restored • Library Visitors— visitors to the facilities up 2% • Circulation —total material use stable, no reductions. CCP LIBRARY �1 J, Li Is 3 CCPL FRIENDS UPDATE 0 New Leadership— election of Andrea Brown, President - 2017 - 2019 • Copy Service Update — installation of the Envisionware DS scanning system to replace aged photocopy machines 0 Cooperative Fund Raising Committee — organization of the CCPL/Friends Financial Development Committee CCPL61`8'-'RA'-'4 R I III'""I"'" DS OUR PARTNERSHIP CCPL named Partner of the Year 2017 by Chesterfield County Public Schools • Joint Summer learning program • CCPL/CCPS open house program • Chromebook initiative support Chesterfield Community Services Board Contributing Partner Award • Diaper Drive • Suicide Prevention Programming CCPI FRENDS - LIBRARY � "1 -11 � ,,, � su, 6 IL a , , I 0 UTMNM Summer Lunch at the Library Program E VAV,'N H M Teen Spring Break Leadership Institute PlaySmart with Toddlers Winner of 2017 NACo and VACo awards Recipient of NACo's "Brilliant Ideas at Work" award TI .11 CCPLU'B"R�AkRY FRIENDS CCPLIBRARY I 1MlENDS 8/11/2017 9 August 23, 2017 Speakers List Afternoon Session 1. Louis McCrone 2. 3. 9 5. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: August 23, 2017 Item Number: 11.A. Subiect: Recognition of 2017 National Association of Counties (NACo) and Virginia Association of Counties (VACo) Achievement Award Winners County Administrator's Comments: It County Administrator: Board Action Requested: Summary of Information: Annually, the Board of Supervisors recognizes county departments that receive Achievement Awards from the National Association of Counties (NACo). We are proud to announce Chesterfield County is the recipient of 17 NACo Achievement Awards this year. Representatives from the appropriate departments are present to receive awards (see attached). The county also received four Achievement Awards, including one Best Large County Award, from the Virginia Association of Counties (VACo) . Mr. Dean Lynch, Executive Director for VACo, will present the VACo Awards. Preparer: Louis Q. Lassiter Attachments: 0 Yes F-1 No Title: Deputy County Administrator 2017 NACo ACHIEVEMENT AWARDS Chesterfield County, Virginia 17 winners (out of 19 entries) IL 11 Z", 00101011 Y Fire Department Loy Senter, Jr. Fire Chief Human Resources Kristi Brittle Principal HR Benefits Analyst Lynne Wingfield Wellness Coordinator IST and Social Services Joe Pugh, Deputy CIO, IST and Kiva Rogers, Executive Director Social Services Learninj4 & Performance Center Kevin Bruny Director & Chief Learning Officer Janet Roberts Assistant Director Libraries Carolyn Sears Assistant Director Carolyn Sears Assistant Director Carolyn Sears Assistant Director PROJECT Toxic Exposure Reduction Program Retirement Planning Seminar Wellness Incentive Program Social Services Case Management System Mentoring Pilot (Also VACo award) Microsoft Office 365 Training for County Employees Teen Leadership Institute at the Library Summer Food Program at the Library Play Smart with Toddlers: an early learning experience (Also VACo award) Mental Health Support Services Susan Medeiros Assistant Director of Clinical Services Parks and Recreation Margaret Carlini Henricus Education Supervisor Lisa Trapp Rockwood Nature Center Director Police Department Col. Thierry Dupuis Chief of Police Sheriff s Office James Pritchett Captain Donald Huff Captain Utilities Elizabeth Brooks Customer Operations Administrator Charlie Quaiff Water Operations Manager Court Clinician Seeding Community Participation Archery Program Larceny/Heroin Investigative Group (Also VACo award) Heroin Addiction Recovery Program (HARP) (Also VACo Best Large County award) Safe Exchange Zone Embracing a New Notification Process and Promoting Positive Customer Service Spoil Pile and Vehicle Wash Down Area Pollution Control Improvement Program AND Page 1 of 1 Meeting Date: August 23, 2017 Item Number: 11.1B. Subject: Resolution Recognizing Boy Scouts Upon Attaining the Rank of Eagle Scout County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution. Summary of Information: Staff has received requests for the Board to adopt resolutions recognizing Mr. Lamont Bruce Barnes and Mr. Kyle Ramon Bailey, both of Troop 178, sponsored by Ivey Memorial United Methodist Church; Mr. Daniel Robert Hall, Troop 897, sponsored by Mount Pisgah United Methodist Church; and Mr. Lindsay Lee Elkins and Mr. Charles Ward Nourse, both of Troop 876, also sponsored by Mount Pisgah United Methodist Church, upon attaining the rank of Eagle Scout. They will be present at the meeting, accompanied by members of their families, to accept their resolutions. Preparer: Janice Blakley Attachments: 0 Yes Title: Clerk to the Board ❑ No '�"i7 sko 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 21 merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to their community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law, Mr. Lamont Bruce Barnes and Mr. Kyle Ramon Bailey, both of Troop 178, sponsored by Ivey Memorial United Methodist Church; Mr. Daniel Robert Hall, Troop 897, sponsored by Mount Pisgah United Methodist Church; and Mr. Lindsay Lee Elkins and Mr. Charles Ward Nourse, both of Troop 876, also sponsored by Mount Pisgah United Methodist Church, have accomplished those high standards of commitment and have reached the long -sought goal of Eagle Scout, which is received by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through their experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare themselves for a role as leaders in society, Lamont, Kyle, Daniel, Lindsay and Charles have distinguished themselves as members of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 23rd day of August 2017, publicly recognizes Mr. Lamont Bruce Barnes, Mr. Kyle Ramon Bailey, Mr. Daniel Robert Hall, Mr. Lindsay Lee Elkins and Mr. Charles Ward Nourse, extends congratulations on their attainment of Eagle Scout, and acknowledges the good fortune of the county to have such outstanding young men as its citizens. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: August 23, 2017 Item Number: 11.C. ISubject: Resolution Recognizing Ms. Nancy Kirn Dewire, Department of Mental Health Support Services, Upon Her Retirement County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution Summary of Information: Ms. Dewire is retiring from the Department of Mental Health Support Services on September 1, 2017, after providing 30 years of service to the citizens of Chesterfield County. Preparer: Debbie Burcham Title: Executive Director of Chesterfield CSB/MHSS Attachments: Yes No RECOGNIZING MS. NANCY KIRN DEWIRE UPON HER RETIREMENT WHEREAS, Ms. Nancy Kirn Dewire is retiring from the Department of Mental Health Support Services on September 1, 2017, after providing 30 years of service to the youngest citizens of Chesterfield County and their families; and WHEREAS, Ms. Dewire was employed by Mental Health Support Services from September 1, 1983 to March 6, 1987, August 24, 1987 to July 10, 1989 and October 13, 1992 to present; and WHEREAS, Ms. Dewire was one of the original three staff hired for the Chesterfield Infant Program as a joint endeavor between the Community Services Board and Health Department; and WHEREAS, Ms. Dewire served in the capacity of early intervention speech and language pathologist and service coordinator; and WHEREAS, Ms. Dewire worked tirelessly with Chesterfield County infants and toddlers, from birth through the age of three, with developmental delays providing assessments and speech -therapy, as well as support for parents and family members; and WHEREAS, Ms. Dewire is a member of the American Speech, Language and Hearing Association where she participated in special interest groups involved with early intervention, swallowing and swallowing disorders, and cranio -facial and velo-pharyngeal disorders; and WHEREAS, Ms. Dewire brought her knowledge of assessment, oral motor and feeding, and cleft lip and palate to the program and attended numerous conferences and trainings for these special interests; and WHEREAS, Ms. Dewire saw the agency through five location changes and the progression from handwritten notes to electronic medical records; and WHEREAS, Ms. Dewire consistently demonstrated compassion, expertise in the field of early intervention services and good humor, and will be greatly missed by children, families, colleagues and co- workers alike. NOW THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 23rd day of August 2017, publicly recognizes the outstanding contributions of Ms. Nancy Dewire and extends appreciation, on behalf of its members and the citizens of Chesterfield County, for over 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. Dewire and that this resolution' be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. A lAM" N :44 Page 1 of 1 Meeting Date: August 23, 2017 Item Number: 11.D. Subiect: Resolution Recognizing Mr. Charles R. Quaiff Jr., Utilities Department, Upon His Retirement County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution. Summary of Information: Mr. Charles R. Quaiff Jr. retired from the Utilities Department on August 1, 2017, after more than 42 years of service to Chesterfield County. Preparer: George B. Hayes Attachments: 0 Yes F1No Title: Director of Utilities RECOGNIZING MR. CHARLES R. QUAIFF JR. UPON HIS RETIREMENT WHEREAS, Mr. Charles R. Quaiff Jr. retired from the Chesterfield County Utilities Department on August 1, 2017; and WHEREAS, Mr. Quaiff began his public-service career with Chesterfield County on June 14, 1971, when he was hired by the Chesterfield County Department of Utilities as a part-time Maintenance Worker to perform general maintenance around utility facilities throughout the county, and he served faithfully in that position while attending Virginia Polytechnic Institute and State University; and WHEREAS, Mr. Quaiff was hired full-time as a Meter Installer on December 16, 1974, until he was promoted to a Labor Foreman III on September 1, 1977, and then promoted to Water Distribution Supervisor on November 23, 1981, and he diligently worked with his team to ensure water mains and service lines throughout Chesterfield County were adequately maintained and repaired in an efficient and timely fashion; and WHEREAS, on November 25, 1991, Mr. Quaiff was promoted to Water Operations Manager, where he managed, planned, and tracked all aspects of the operation and maintenance of Chesterfield County's water distribution system to maintain water service to customers at all times and was especially conscientious of restoring service to customers during events such as hurricanes and droughts, and he has served faithfully in that position until his retirement; and WHEREAS, Mr. Quaiff extended his expertise to the water industry through active participation in the Virginia Section of the American Water Works Association for over 35 years and as a charter member of the Distribution System committee for over 29 years, and he also served as the chairman of the Water Distribution committee from 1997 to 1999, and was instrumental in the development of meter madness, one of the premier national competition events for water professionals; and WHEREAS, Mr. Quaiff was a Trustee for the Virginia Section of American Water Association from 1999 until 2001, and under his leadership the organization developed training programs and seminars for water professionals across the state to further improve the level of education and professionalism in the water industry; and WHEREAS, Mr. Quaiff volunteered his free time to serve on the Chesterfield Federal Credit Union Loan Audit and Delinquency committee to ensure the financial security of the Chesterfield Federal Credit Union from 2006 until 2017; and WHEREAS, Mr. Quaiff contributed to the department's role of being a responsible steward of the environment by aiding in the development of the Environmental Management System for the water distribution section and becoming an E2 participant in the Virginia Environmental Excellence Program; and WHEREAS, Mr. Quaiff assisted in the development of policies and procedures for the department of utilities and was the first chairman of the Fleet Steering Committee for the county; and WHEREAS, Mr. Quaiff was highly respected for his knowledge of the water distribution system in Chesterfield County; his knowledge and dedication to the Department of Utilities was demonstrated with his assistance in developing operational strategies for normal and emergency conditions, and these strategies will continue to be used in the future to ensure that the water customers of Chesterfield County continue to receive the customer service Mr. Quaiff and his staff are known for; and WHEREAS, Mr. Quaiff acted as an exemplary steward of the public trust by providing exceptional oversight of the water distribution system and staff, and routinely finding cost-saving projects that ensured the water customers of Chesterfield County continue to receive the lowest utility rates possible; and WHEREAS, throughout his career with Chesterfield County, Mr. Quaiff displayed outstanding dependability, aptitude, good character and values and is known for his exemplary customer -service skills by the hundreds of customers he has personally interacted with. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 23rd day of August 2017, publicly recognizes Mr. Charles R. Quaiff, Jr. and extends on behalf of its members and citizens of Chesterfield County, appreciation for more than 42 years of exceptional service to the county. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Quaiff and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: August 23, 2017 Item Number: 11.E. Subiect: Resolution Recognizing Colonel Thierry G. Dupuis, Chief of Police, Upon His Retirement County Administrator's Comments: County Administrator: Board Action Requested: Adoption of attached resolution. Summary of Information: Colonel Thierry G. Dupuis will retire from the Police Department on September 1, 2017, after providing over 38 years of service to the residents of Chesterfield County. Preparer: Capt. JW Thornton Title: Administrative Staff Officer No Attachments: Yes RECOGNIZING COLONEL THIERRY G. DUPUIS UPON HIS RETIREMENT WHEREAS, Colonel Thierry G. Dupuis will retire from the Chesterfield County Police Department on September 1, 2017, after providing 38 years of faithful and outstanding service, including 10 years as Chief of Police, to the residents of Chesterfield County; and WHEREAS, Colonel Dupuis' law enforcement career began in 1977 with the Richmond City Sergeant's Office, now known as the Richmond City Sheriff's Office, and continued with the Virginia Commonwealth University Police Department before he joined the Chesterfield County Police Department in 1979 and completed the 5th Basic Academy; and WHEREAS, Colonel Dupuis has held all ranks within the police department, including officer, sergeant, lieutenant, captain, major, lieutenant colonel, and colonel, and is the agency's seventh Chief of Police and the first in the department's history to have held every rank; and WHEREAS, Colonel Dupuis is a graduate of the Administrative Officers Management Program at North Carolina State University, the Drug Unit Commanders Academy at the Drug Enforcement Administration, the Professional Executive Development Leadership School at the University of Richmond, the F.B.I National Executive Institute, and the LEAD Program with the Weldon Cooper Center for Public Service at the University of Virginia; and WHEREAS, during his tenure as Chief, Colonel Dupuis has successfully overseen all police functions and operations within the 446 square miles of Chesterfield County and its growing community of diverse residents, and has led an agency that has grown in sworn strength from 471 officers in 2007 to 535 officers in 2017, with 636 full- and part-time employees; and WHEREAS, Colonel Dupuis has served on several community service boards, including the SAFE (Substance Abuse Free Environment)Board of Directors, the John Tyler ASAP policy board, and the Chesterfield County/Colonial Heights Community Criminal Justice Board, was past president of the Central Virginia Law Enforcement Chief Executives Association, and President and Vice - President of the Virginia Association of Chiefs of Police; and WHEREAS, Colonel Dupuis oversaw Chesterfield County's successful effort to earn the Virginia Department of Criminal Justice Services, Certified Crime Prevention Community certification, which required the county to meet or exceed 12 DCJS requirements by enhancing crime prevention programs and collaborating with the school system, the Chesterfield County Sheriff's Office, social services, and other community constituents; and WHEREAS, Colonel Dupuis promoted and facilitated the expansion of police community outreach efforts, including expanded Neighborhood and Business Watch programs, increased National Night Out activities, increased participation in the Community Academy program, which he is credited with creating, and implementation of a Medication Take -Back program and policy, and he oversaw enhanced school safety efforts in all county elementary, middle and high schools, the placement of School Resource Officers at each John Tyler Community College campus, and the opening of the Falling Creek Police Station in 2017; and WHEREAS, Colonel Dupuis fully supported, promoted, and recognized the Pipes and Drums Team and Departmental Police Honor Guard Team, which represents Chesterfield County and its police department at various memorial events, funerals, and civic functions, including Police Memorial Week events in the nation's capital, and made their activities and function a priority; and WHEREAS, Colonel Dupuis oversaw completion of the Enon Driving Facility, where law enforcement officers from this agency and others can participate in state-of-the-art training in their assigned patrol vehicles, exceeding the standards for in-service training and laying a foundation for the safe delivery of services; and WHEREAS, Colonel Dupuis oversaw the celebration and recognition of the department's Centennial Anniversary in 2014, including the introduction of a newly designed uniform patch; and oversaw a multi-year effort to remodel the department's headquarters facility to enhance employee and customer satisfaction and meet current building standards; and WHEREAS, Colonel Dupuis oversaw the department's 2017 achievement of accreditation through the Commission on Accreditation for Law Enforcement Agencies (CALEA), and oversaw the department's entry into the world of social media, including Facebook and Twitter, through which the department shares its story with the larger community; and HEREAS, Colonel Dupuis is leaving the Chesterfield County Police Department as a nationally recognized agency committed to excellence and the maintenance of community partnerships, and Chesterfield County and the Board of Supervisors will miss his professional experience and wise leadership. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 23rd day of August 2017, publicly recognizes Colonel Thierry G. Dupuis, and extends on behalf of its members and the residents of Chesterfield County, appreciation for his many years of service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Colonel Dupuis, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page I of 2 s. AGENDA Meeting Date: August 24, 2017 Item Number: 12.A.1. Subject: Nominations/Appointments to the Youth Services Citizen Board County Administrator's Comments: ............. County Administrator: Board Action Requested: Nominate/appoint members to serve on the Youth Services Citizen Board. Summary of Information: The purpose of the Youth Services Citizen Board is to advise the Board of Supervisors regarding planning and policies affecting youth development and to provide a community forum to focus on youth issues. Dale District. Supervisor Holland recommends that the board nominate and appoint Heaven Williams from Meadowbrook High School for a term of September 1, 2017, through June 30, 2018. Ms. Williams meets all the eligibility requirements to fill the vacancy and has indicated her willingness to serve. Matoaca District. Supervisor Elswick recommends that the board nominate and appoint Aaron Harkabus from Matoaca High School for a term of September 1, 2017, through June 30, 2018. Mr. Harkabus meets all the eligibility requirements to fill the vacancy and has indicated his willingness to serve. Preparer: Jana D. Carter Title: Director, Juvenile Services Attachments: Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA At -Large. Board members recommend the appointment of Lawrence Jia and Hannah Lee from Maggie Walker Governor's School for a term of September 1, 2017, through June 30, 2018. Mr. Jia and Ms. Lee meet all the eligibility requirementsandhave indicated their willingness to serve as at -large members. 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. J? 2 74 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: August 23, 2017 Item Number: 12.A.2. Subject: Nomination/Appointment to the Policy Board of the John Tyler Alcohol Safety Action Program County Administrator's Comments: County Administrator: Board Action Requested: Appointment of Lieutenant Colonel Dan Kelly to the John Tyler ASAP Policy Board for a term ending February 28, 2019. Summary of Information: The John Tyler Alcohol Safety Action Program (ASAP) is governed by a Policy Board wherein each city and county governing body appoints one member to serve as a representative to the John Tyler ASAP Policy Board for a term of three years. Colonel Thierry G. Dupuis has been an active John Tyler ASAP Policy Board member. He is currently serving in a three-year term, which expires February 28, 2019. Due to the impending retirement of Colonel Dupuis, Lieutenant Colonel Dan Kelly is willing to serve as a member of the John Tyler ASAP Policy Board and represent Chesterfield County should the Board of Supervisors choose to appoint him. 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: Joseph P. Casey Attachments: 1:1 Yes 0 No Title: County Administrator 33 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: August 23, 2017 Item Number: 12.A.3. Subiect: Nomination/Reappointment to the SAFE Board of Directors County Administrator's Comments: County Administrator: Board Action Requested: Nominate/reappoint representative to the SAFE Board of Directors. Summary of Information: SAFE is the county, school and community coalition working to prevent substance abuse in Chesterfield County. The SAFE bylaws allow for two SAFE board members to be appointed by the Board of Supervisors. Board members concur with the reappointment of Mr. Imad Damaj to the SAFE Board of Directors for a term effective October 1, 2017,' through September 30, 2020. Mr. Damaj meets all eligibility requirements and has indicated his willingness to serve. 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: Jana D. Carter Title: Director, Citizen Information and Resources Attachments: Yes No # I P., CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: August 23, 2017 Item Number: 12.A.4. Subject: Appointment of Trustee to the Supplemental Retirement Plan (Plan) County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to appoint a new Trustee to the Supplemental Retirement Plan. Summary of Information: The Plan provides supplemental retirement benefits to long-term employees in management and leadership positions. The primary responsibility of the Trustees is to administer the Plan for the exclusive benefit of the participants and their beneficiaries, subject to the specific terms of the Plan. The Trustees shall have the power and discretion to construe the terms of the Plan and to determine all questions arising in connection with administration, interpretation and application of the Plan. As stated in Section 7.7 of the Plan document, a Trustee shall be an eligible employee or retired participant. Col. Thierry G. Dupuis has elected to step down as a Trustee of the Plan upon his retirement, and Scott Zaremba, Craig Bryant and Patsy Brown will continue to serve as Trustees. The Board of Supervisors is requested to appoint Carey Adams as Trustee, effective September 1, 2017. Mr. Adams has indicated his willingness to serve. Preparer: Mary Martin Selby Title: Director, Human Resources Attachments: El Yes No BOARD OF SUCHESTERFIELD COUNTY PERVISORS AGENDA Page 1 of 1 Meeting Date: August 23, 2017 Item Number: 12.B.1.a.1. Subiect: Resolution Recognizing Firefighter Kevin C. Walton, Medical Services Department, Upon His Retirement County Administrator's Comments: County Administrator: Board Action Requested: Adoption of attached resolution. Summary of Information: Fire and Emergency Firefighter Kevin C. Walton retired from the Fire and Emergency Medical Services Department on August 1, 2017, after providing over 28 years of service to the citizens of Chesterfield County. Preparer: Edward L. Senter Jr. Title Attachments: 0 Yes No Fire Chief RECOGNIZING FIREFIGHTER KEVIN C. WALTON UPON HIS RETIREMENT WHEREAS, Firefighter Kevin C. Walton retired from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on August 1, 2017; and WHEREAS, Firefighter Walton started his career in Recruit School #21 in June 1989, and has faithfully served the citizens of Chesterfield County for over 28 years in various assignments as a firefighter at the Buford, Midlothian, Clover Hill, Bensley, Dale, Rivers Bend and Dutch Gap Fire and EMS Stations; and WHEREAS, Firefighter Walton served on the Chesterfield Fire and EMS Technical Rescue Team for 10 years; and WHEREAS, Firefighter Walton was recognized with an Emergency Medical Services Lifesave Award for his advanced lifesaving actions for an unresponsive patient in December 1990; and WHEREAS, Firefighter Walton was recognized with a Unit Citation Award for his exemplary emergency actions while fighting a fire that swept through a 58 -unit multifamily apartment building in the Old Buckingham Station Complex in May 1995; and WHEREAS, Firefighter Walton was selected as Chesterfield Fire and EMS Career Firefighter of the Year in 2009; and WHEREAS, Firefighter Walton was recognized with a Unit Citation Award for his actions in December 2011 during the rescue of a citizen who had fallen into the James River; and WHEREAS, Firefighter Walton was recognized with a Unit Citation Award for his actions in July 2012 during a successful rescue of citizens who had jumped into the water to escape their burning boat at the Dutch Gap Boat Ramp; and WHEREAS, Firefighter Walton was recognized with a Unit Citation Award involving a citizen who was stabbed in the neck during a domestic dispute in May 2016. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Firefighter Kevin C. Walton, 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 AGENDA Meeting Date: August 23, 2017 Item Number: 12.113.1.a.2. Subiect: Resolution Recognizing Ms. Johnna L. Casey, Parks and Recreation Department, Upon Her Retirement County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution. Summary of Information: Ms. Casey is retiring from the Department of Parks and Recreation on September 1, 2017, after providing 32 years of service to the citizens of Chesterfield County. Preparer: James D. Worsley Title: Director, Parks and Recreation Attachments: Yes No RECOGNIZING MS. JOHNNA L. CASEY UPON HER RETIREMENT WHEREAS, Ms. Johnna L. Casey will retire from the Chesterfield County Parks and Recreation Department on September 1, 2017, after providing 32 years of quality service to the citizens of Chesterfield County; and WHEREAS, Ms. Casey began her career in the Parks and Recreation Department in 1983 as a Seasonal Maintenance Worker and returned in 1984 as a summer worker and then in 1985 was employed as a full-time Principal Maintenance Worker; and WHEREAS, in 1996, Ms. Casey was promoted to Senior Labor Crew Chief for Landscaping, and in 2003, promoted to Park District Manager and is currently fulfilling the position of Park District Manager for District 1 known as Dodd Shop where she had the opportunity to champion and encourage employee participation, work with local athletic associations, school officials, community groups and other county departments and agencies and develop, monitor and oversee contractual services and construction projects and assist with special events with the various groups; and WHEREAS, Ms. Casey has received recognition for participation in the Fall River Renaissance, Team Spirit Award and served as a volunteer for Christmas Mother, and she was recognized in 1994 as a Chesterfield County Quality Leader and has collectively received 174 recognition letters and awards for her performance within the department during her career; and WHEREAS, Ms. Casey has received certifications in Small Engine Repair and Maintenance Training, Commercial Pesticide Application Certifications, Commercial Horticulture Training, Forklift Operator Training, Landscape Plant Materials I Training, Forklift Practices and Procedures Training and Labor Crew Chief Certification and attended Park and Recreation Maintenance Management School; and WHEREAS, Ms. Casey was Employee of the Month in September 1989 and again in April 1992, and was Employee of The Year in 2008, and again in 2010; and WHEREAS, Ms. Casey has served on numerous committees to include the Park Division Reorganization, Uniform, Timeclock and Attendance Committees; and WHEREAS, Ms. Casey has been a steadfast member of the parks division's Environmental Management System Team (EMS) since its inception in 2005; her dedication and leadership has created a model for reducing environmental impacts and provided for employee safety through procedures that reduce hazardous waste and provide exceptional environmental and safety training for staff, and during her 11 years on the team, the department has held an ISO 14001 certification from the International Organization for Standardization; and WHEREAS, Ms. Casey was recognized in 1997 by the Henricus Foundation for her efforts to "help make the Citie of Henricus a reality" and participated in the first Henricus Days and was instrumental in helping build the park and its amenities from the ground up; and WHEREAS, Ms. Casey has always performed above and beyond expectations and had the best interests of her employees in mind; on a normal work morning in 2015 while in route on a busy interstate with an employee to a site, the employee experienced a medical emergency and without hesitation, Ms. Casey took action to protect the employee and innocent citizens from harm and notified emergency personnel where immediate assistance was provided, and her quick thinking and direct actions provided a safe environment until assistance could be provided; and WHEREAS, Ms. Casey will be greatly missed by her colleagues, co-workers, and the citizens of Chesterfield County, who she has so expertly served, and her accomplishments as a model leader with a strong work ethic for the department provided an example and guide for generations to come, as they live, work and play in the county they and she call home. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Ms. Johnna L. Casey, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for her service to the county, congratulations upon her retirement, and best wishes for a long and happy retirement. CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: August 23, 2017 Item Number: 12.B.1.a.3. Subiect: Resolution Recognizing Mrs. Mary D Retirement County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution. Summary of Information: Garber, Police Department, Upon Her Mrs. Mary D. Garber will retire from the Police Department on September 1, 2017, after providing over 30 years of service to the residents of Chesterfield County. Preparer: Colonel Thierry G. Dupuis Attachments: 0 Yes 1-1 No Title: Chief of Police RECOGNIZING MRS. MARY D. GARBER UPON HER RETIREMENT WHEREAS, Mrs. Mary D. Garber will retire from the Chesterfield County Police Department on September 1, 2017, after providing over 30 years of outstanding quality service to the residents of Chesterfield County; and WHEREAS, Mrs. Garber has faithfully served the county in the capacity of School Crossing Guard, Assistant Child Safety Coordinator, and Child Safety Coordinator, and she also served as a General Instructor; and WHEREAS, Mrs. Garber was instrumental in the development and implementation of the Success Through Education and Proactive Policing (STEPP) Program in Chesterfield County Police Department, and has worked diligently to bring the program to its effective, efficient and highly -rated status; and WHEREAS, Mrs. Garber and the School Crossing Guards were recipients of a Unit Citation Award for professional services provided as they ensured children arrived home safely, provided quality information to school children and their parents and educated children regarding reporting suspicious behavior; and WHEREAS, Mrs. Garber and the Child Safety Office received a Unit Citation Award for working tirelessly and with great devotion in consistently providing quality presentations of over 3,700 STEPP Programs in 36 elementary schools; and WHEREAS, Mrs. Garber has twice been the recipient of the Mason T. Chalkley outstanding Civilian Employee Award and the recipient of the Mason T. Chalkley Award for Excellence for her outstanding contributions to the Police Department, her leadership in overseeing the implementation of the STEPP program, and for her positive leadership and outstanding dedication to the education and safety of school children; and WHEREAS, Mrs. Garber consistently worked effectively with a large number of departments and agencies within and outside of Chesterfield County in her role as supervisor of Child Safety Officers and School Crossing Guards, always promoting partnerships and good working relationships; and WHEREAS, Mrs. Garber worked with the Virginia Governor's office to share her knowledge of the STEPP program, which was used as a model in the development of the KIDSafe Virginia Initiative; and WHEREAS, Mrs. Garber received the 2015 Pat Cullen Award, which is presented by the Positive Parenting Coalition to an individual who has distinguished themselves in giving back to the youth and to the community; and WHEREAS, Mrs. Garber was responsible for organizing the first Youth Academy offered by the Chesterfield Police Department which was recognized as a major success• and WHEREAS, Mrs. Garber made significant contributions to many committees and task forces during her tenure dedicated to the well-being of the county's youth including the Partnership for Youth, the School Traffic Safety Committee, the Child Abuse Team, the Underage Drinking Task Force, and was a board member of Substance Abuse Free Environment (SAFE); and WHEREAS, Mrs. Garber was an excellent team player and always displayed great professionalism and knowledge of police and county policies in her daily interactions with internal and external customers; and WHEREAS, Mrs. Garber is recognized for her excellent communications and human relations skills, her work ethic and her teamwork, all of which she has utilized within the Police Department and in assisting citizens of Chesterfield County; and WHEREAS, Mrs. Garber 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 Mrs. Garber's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mary D. Garber, and extends on behalf of its members and the residents of Chesterfield County, appreciation for her service to the county, congratulations upon her retirement, and best wishes for a long and happy retirement. CHESTERFIELD COUNTY BOARD OF SUPERVISORS C� AGENDA Page 1 of 1 Meeting Date: August 23, 2017 Item Number: 12.B.I.a.4. Subi Ct- Resolution Recognizing Corporal Rodney Pretko, Police Department, Upon His Retirement County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution. Summary of Information: Corporal Rodney Pretko will retire from the Police Department on September 1, 2017, after providing nearly 27 years of service to the residents of Chesterfield County. Preparer: Colonel Thierry G. Dupuis Title: Chief of Police Attachments: Yes No # . RECOGNIZING CORPORAL RODNEY PRETKO UPON HIS RETIREMENT WHEREAS, Corporal Rodney Pretko will retire from the Chesterfield County Police Department on September 1, 2017, after providing -nearly 27 years of outstanding quality service to the residents of Chesterfield County; and WHEREAS, Corporal Pretko has faithfully served the county in the capacity of Patrol Officer, Detective, Detective First Class, Senior Police Officer, Master Police Officer, Career Police Officer and Corporal; and WHEREAS, during his tenure, Corporal Pretko also served as Field Training Officer, Patrol Rifle Operator, Instructor, Crisis Intervention Team Member and Towing Services Coordinator; and WHEREAS, Corporal Pretko was awarded the Police Star for his bravery and dedication to duty for three attempts to enter a burning smoke-filled home to rescue children trapped in an upstairs bedroom, repeatedly trying to gain access to the victims until the arrival of Fire and EMS, who were then able to locate the victims; and WHEREAS, during his tenure, Corporal Pretko earned three Life Saving Awards, two for actions he took on different occasions to prevent individuals from attempting suicide and one for utilizing a defibrillator and performing CPR prior to the arrival of rescue personnel to resuscitate an individual who was in cardiac arrest; and WHEREAS, Corporal Pretko was chosen as the 1992 Police Rookie of the Year and was selected as the 1999 Police Officer of the Year; and WHEREAS, Corporal Pretko received two Chief's Commendations for his investigative work and detailed plans of action in response to multiple acts of vandalism and theft in the Brandermill and Woodlake communities, which led to the identification and capture of multiple suspects responsible for well over $40,000 in damage and thefts; and WHEREAS, Corporal Pretko was the recipient of a Chief's Commendation for the successful resolution of a suicide attempt by a 17 -year-old in possession of a loaded weapon; he was able to develop a rapport with the teenager, which led to the surrender of the weapon; and WHEREAS, Corporal Pretko received a Chief's Commendation for his investigation and surveillance which resulted in the arrest of an individual involved in over 100 incidents of indecent exposure in the county over a four-month period; and WHEREAS, Corporal Pretko was recognized with three Chief's Commendation Awards specifically citing his outstanding intelligence and law enforcement skills, exceptional police actions and dedication utilized in identifying and apprehending criminal suspects in three difficult cases; and WHEREAS, Corporal Pretko received an Achievement Award for demonstrated leadership and teamwork in restructuring the Police Department towing program, including standardizing the contract process, tracking complaints and recommending the establishment of a Towing Advisory Board; and WHEREAS, Corporal Pretko earned an Achievement Award for coordinating with his fellow officers to identify, capture and obtain confessions from several suspects involved with $11,000 of vandalism against businesses on the Midlothian Turnpike corridor, and he also received an Achievement Award for his actions in the capture of two suspects involved in a breaking and entering and larceny investigation; and WHEREAS, Corporal Pretko was consistently praised by his supervisors for always being quick to volunteer for any community activities, such as National Night Out, Community Academy, Medication Takebacks and for taking time to become a certified Project Lifesaver Instructor, always willing to join in the search for a missing individual; and WHEREAS, Corporal Pretko is recognized for his teamwork and strong work ethic, his excellent communications and human relations skills, all of which he has utilized within the Police Department and in assisting residents of Chesterfield County; and WHEREAS, during his tenure, Corporal Pretko has received numerous letters of commendation, thanks and appreciation for services rendered; and WHEREAS, Corporal Pretko 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 Pretko's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Corporal Rodney Pretko 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. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: August 23, 2017 Item Number: 12.B.1.a.5. Subiect: Resolution Recognizing Ms. Betty Brown Thorpe, Health Support Services, Upon Her Retirement County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution Summary of Information: Department of Mental Ms. Thorpe is retiring from the Department of Mental Health Support Services on September 1, 2017, after providing 19 years of service to the citizens of Chesterfield County. Preparer: Debbie Burcham Title: Executive Director of Chesterfield CSB/MHSS Attachments: Yes No # RECOGNIZING MS. BETTY BROWN THORPE UPON HER RETIREMENT WHEREAS, Ms. Betty Brown Thorpe was hired by Chesterfield Mental Health Support Services on August 10, 1998, and will retire September 1, 2017, after providing outstanding service to the residents of Chesterfield County; and WHEREAS, Ms. Thorpe began her service for Chesterfield Employment Services (CES) as a Custodian and was promoted to Employment Assistant, Employment Specialist and Employment Supervisor; and WHEREAS, Ms. Thorpe worked as part of a self-directed team with her peers from 2003 - 2007; and WHEREAS, Ms. Thorpe assisted in the initial start-up of the Overnight Transportation (now UPS) contract in 2005 and was instrumental in other contracts including ten local group homes, Richmond Olympiad, Fleet Management and the Henricus Park office; and WHEREAS, Ms. Thorpe assisted with the start-up of the Rogers Building cleaning contract and assumed responsibility for oversight of that contract in 2008; and WHEREAS, Ms. Thorpe coordinated a small work group at CES/CATC (Capital Area Training Consortium) to better support the needs of individuals; and WHEREAS, Ms. Thorpe facilitated a Consumer Focus Group and played a key role in supporting staff during a significant reorganization of CES in 2009; and WHEREAS, Ms. Thorpe completed the Chesterfield University School of Quality Certificate in 2009; and WHEREAS, Ms. Thorpe participated in in Customized Employment Training from the Virginia Commonwealth University - Research Rehabilitation and Training Center in 2010; and WHEREAS, Ms. Thorpe consistently demonstrated a strong work ethic and will be greatly missed by all who know her. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Ms. Betty Thorpe and extends appreciation, on behalf of its members and the citizens of Chesterfield County, for 19 years of dedicated service to the county, congratulations upon her retirement, and best wishes for a long, happy and healthy retirement. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: August 23, 2017 Item Number: 12.B.I.a.6. Subiect: Resolution Recognizing Mr. Howard A. Johnson, Department of General Services, Fleet Services Division, Upon His Retirement County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution. Summary of Information: Mr. Howard A. Johnson will retire from the Department of General Services on September 1, 2017, after providing over 39 years of service to the citizens of Chesterfield County. Preparer: Clay Bowles Title: Director of General Services Attachments: Yes F-1 No # 00,049 0 RECOGNIZING MR. HOWARD A. JOHNSON UPON HIS RETIREMENT WHEREAS, Mr. Howard A. Johnson joined Chesterfield County Public Schools, Department of Pupil Transportation on March 3, 1978 as a Service Mechanic II in the Walmsley School Bus Shop; and WHEREAS, from 1981 to 1987, Mr. Johnson was promoted several times within the Department of Pupil Transportation; and WHEREAS, in 1992, Mr. Johnson became an employee of the Department of General Services, due to fleet consolidation between Chesterfield County Government and Chesterfield County Public Schools; and WHEREAS, in 2000, Mr. Johnson graduated from the Chesterfield County School of Quality and Continuous Improvement; and WHEREAS, in 2004, Mr. Johnson obtained his Virginia State Vehicle Inspection License; and WHEREAS, in 2008, Mr. Johnson's job title changed to Medium/Heavy Truck Technician; and WHEREAS, Mr. Johnson is the senior technician in the Heavy Vehicle Shop and over the years he has mentored and tutored his co-workers to become the best in their field; and WHEREAS, Mr. Johnson contributes to a positive work environment and maintains good working relationships; and WHEREAS, Mr. Johnson promotes teamwork and seeks new ideas to improve customer satisfaction; and WHEREAS, Mr. Johnson is a technically qualified, competent automotive technician, dedicated to providing first-class customer service to Chesterfield County and its citizens; and WHEREAS, Mr. Johnson has performed his duties and responsibilities in a professional manner and has always emphasized the welfare and safety of county citizens and employees. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Mr. Howard A. Johnson, expresses the appreciation of all residents for his service to Chesterfield County, and extends appreciation for his dedicated service to the County and congratulations upon his retirement, as well as best wishes for a long and happy retirement. 0,131 77 10) S Q0 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA 174 Meeting Date: August 23, 2107 Item Number: 12.B.1.b. Subject: Resolution Adopting the Richmond -Crater Multi -Regional Hazard Mitigation Plan 2017 Update County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the Richmond -Crater Multi -Regional Hazard Mitigation Plan, 2017 Update. Summary of Information: As required by the Disaster Mitigation Act of 2000, the 2017 update of the Richmond -Crater Multi -Regional Hazard Mitigation Plan forms the foundation for the region's long-term strategy to reduce disaster losses. The purpose of the plan is to identify risks associated with natural hazards and identifies actions that can be taken to reduce future damages to people and property. Each jurisdiction covered in the plan has a stake in its implementation; an approved plan is required for a locality to receive post disaster Public Assistance and multi mitigation grants. The plan is monitored and evaluated annually and is fully updated every five years. The updated plan shows no major significant changes from the original adoption in 2006. Preparer: Emily Ashley Attachments: 0 Yes F-1 No Title: Emergency Management Coordinator RESOLUTION ADOPTING THE RICHMOND -CRATER MULTI-REGIONAL HAZARD MITIGATION PLAN WHEREAS, the Disaster Mitigation Act of 2000, as amended, requires that local governments, develop, adopt, and update natural hazard mitigation plans in order to receive certain federal assistance; and WHEREAS, the safety and protection of the citizens and property are the foremost concern to the Board of Supervisors of Chesterfield County; and WHEREAS, the addition of the Hazard Mitigation Plan to the Chesterfield Emergency Operations Plan will bring Chesterfield County compliant with the Disaster Mitigation Act of 2000 standards; and WHEREAS, a Hazard Mitigation Technical Advisory Committee ("HMTAC") comprised of representatives from the cities of Colonial Heights, Emporia, Hopewell, Petersburg, and Richmond; the counties of Charles City, Chesterfield, Dinwiddie , Goochland , Greensville , Hanover, Henrico, New Kent, Powhatan, Prince George, Surry, Sussex; and the towns of Ashland, Claremont, Dendron, Jarratt, McKenney, Stony Creek, Surry, Wakefield, and Waverly; was convened in order to study the Richmond -Crater risks from and vulnerabilities to natural hazards, and to make recommendations for mitigating the effects of such hazards on the Richmond -Crater Region; and WHEREAS, a request for proposals was issued to hire an experienced consulting firm to work with the HMTAC to update a comprehensive hazard mitigation plan for the Richmond -Crater region; and WHEREAS, the efforts of the HMTAC members and the consulting firm of Dewberry, in consultation with members of the Region's public, private and non-profit sectors, have resulted in an update of the Richmond -Crater Multi -Regional Hazard Mitigation Plan including Chesterfield County. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Chesterfield, this 23rd day of August 2017, that the Richmond -Crater Multi -Regional Hazard Mitigation Plan dated 2017 is hereby approved and adopted for the County of Chesterfield. un) Executive Summary for County of Chesterfield Richmond Crater Hazard Mitigation Plan Executive County o Chesterfield Disasters have the potential to devastate a community's economic, social, and environmental well-being. Hazard mitigation is the effort to reduce loss of life and property by lessening the potential impact of future disasters. Mitigation planning is a key process to break the cycle of disaster damage, reconstruction, and repeated damage. The 26 localities of the Richmond and Crater regions of Virginia have worked together to update the Richmond, -Crater Multi -Regional Hazard Mitigation Plan to identify vulnerabilities associated with natural disasters and develop long-term strategies to reduce or eliminate long-term risks. The effort was guided by the Hazard Mitigation Technical Advisory Committee (HMTAC) consisting of emergency management staff from each of the 26 localities (appointed by each locality's chief administrative official). While the full plan is an exhaustive review of hazard mitigation within the multi-regional planning area, this executive summary highlights key information specific to County of Chesterfield with emphasis on the results from the Hazard Identification and Risk Assessment (NIRA). Additional information on the region, analysis methodologies, and mitigation actions can be found in the full plan posted on the RRPDC website (www.richmondregional.org ) ♦ wq' ♦ r' ,i f ,� ;Om♦ 2..1 Dernographic Chatacteri tics Population (2014): 324,337 Population projection (2040): 435,294 Land Area (2010): 423.3 sq. miles Density (2014): 766.21 persons per sq. mile Median household income (2014): $72,514 Percent below poverty level (2014): 7.2% Housing units (2014): 124,384 % of housing units in multi -unit structures (2014): 14.1% Homeownership rate (2014): 79.0% Median value owner occupied housing unit (2014): $225,400 Source: 2014 American Community Survey, 2010 Decennial Census, U.S. Census Bureau Summary of Richmond -Crater Multi -Regional Hazard Mitigation Plan page 1 'w�,J ��, Executive Summary for County of Chesterfield 2.2 About the County of C e terfiel Chesterfield County is the largest locality in the Richmond region whose development pattern varies immensely between numerous County -designated small planning areas; portions of the county are built out at suburban densities while other portions remain undeveloped and rural. The western part of the Southern and Western Planning Areas are designated as "rural conservation," with uses restricted to large -lot residential, forestry, or agriculture. Intensity of development increases with proximity to the City of Richmond. In this area, the Midlothian Turnpike corridor continues to provide prime locations for planned light industrial, commercial, and office uses. Leapfrog development has characterized the Central Area, creating a disjointed development pattern. Development in the Central Area has included single-family subdivisions, scattered multi -family complexes, and small- to medium-sized shopping areas often along highway corridors, large employment centers, industrial parks, and an airport. This area is experiencing rapid growth, particularly west of U.S. Route 10. Significant commercial and industrial development has occurred in the Eastern Area in recent years, and this trend is expected to continue. The Eastern Area also has a great deal of residential development, often adjacent to older commercial -strip zoning and uses. This pattern is particularly prevalent along U.S. Route 10. A dominant theme of the 2015 Comprehensive Plan is a commitment to maintain a strong and growing economic base in Chesterfield County. New and existing business and industrial development provide diverse employment opportunities and revenue, and are vitally important to providing the types of services that promote a high quality of life in the county. Since the 19th century, development patterns have been greatly influenced by the changing transportation and public utilities networks. Traditionally, the economic development base consisted primarily of large manufacturing and chemical industries. Today, the economic base has been enhanced by development of a variety of commercial and corporate office uses providing a range of services and employment opportunities for the county and region. The Richmond Regional Planning District Commission projects that Chesterfield County will have approximately 166,000 jobs by 2035, an increase of 47 percent over 2010. Chesterfield County is committed to promoting and maintaining a high quality of life for all citizens and employers. As such, it is important that the county's neighborhoods and business corridors be maintained in the highest quality possible and stabilized to ensure continued vitality. The public sector's role in ensuring long term stability and supporting a high quality of life is to provide equitable distribution and efficient allocation of public resources. Provision of equitable public services will promote private investment and reinvestment in aging and maturing areas. Between 2010 and 2035, the population is projected to grow by approximately 460,000 people (45% increase), at an average annual growth rate of 1.8%. More specifically, the 19 and under age group will increase by an estimated 32,000 people (35% increase); the 60-79 age group will have the largest numeric increase, growing by an estimated 44,000 persons (100% increase); and the 80 -plus age group will increase an estimated 16,000 persons (200% Summary of Richmond -Crater Multi -Regional Hazard Mitigation Plan page 2, Executive Summary for County of Chesterfield increase). While the pace of development slowed during the recession, residential and retail business growth extended along the Midlothian Turnpike and Hull Street western corridors. During the past several years the rapid development pace has increased. m � .. a .n . g a s 2. gift a . � ��.c. lues A critical facility is defined as a facility in either the public or private sector that provides essential products and services to the public; is otherwise necessary to preserve the health, welfare, and quality of life in the community; or fulfills important public safety, emergency response, and/or disaster recovery functions. In some instances, one or more critical facility is located within the identified hazard area and is so noted. For this update, critical facilities are defined as follows: • Public Safety: Police, Emergency Operations Centers, Sheriff, Fire, Correctional Facilities, and Emergency Management • Infrastructure: Cell towers, fuel storage, pumping stations, water and wastewater treatment facilities, and transportation structures • Government Facilities: Courthouses and judicial facilities, government offices and facilities • Medical Facilities: Hospitals, nursing facilities, rehabilitation centers and outpatient centers • Education: K — 12 public schools, colleges and universities, and technical schools 2m4 Identified Hazards A solid fact base is a key component of any plan. The Hazard Identification and Risk Assessment (HIRA) serves as the fact base for the regional hazard mitigation plan and evaluates the region's vulnerability to natural hazards so that mitigation strategies, activities, and projects can be developed to minimize hazard risks. It includes the identification of natural hazards and risks that are likely to impact the region based on historical experience, an estimate of the frequency and magnitude of potential disasters, and an assessment of potential loss to life and property. Emphasis is on hazards with a high likelihood of occurring, a significant level of impact, or both. The information below summarizes the effects on County of Chesterfield of the hazards identified for the multi-regional plan area. The statistics come from a National Climatic Data Center (NCDC) database. For some hazards, no data was available. Flooding (Moderate Repetitive Loss Structures: 1 Severe Repetitive Loss Structures: 1 RL/SRL Claims: 4 RL/SRL Building and Contents Payments: $70,732.52 Critical Facilities within Identified Floodplain Areas: 14 Annualized Flood Damages: $290,444 NFIP Policies: 864 Summary of Richmond—Crater Multi -Regional Hazard Mitigation Plan page 3 Executive Summary for County of Chesterfield NFIP Policy Coverage: $231,463,100 NFIP Claims Since 1978: 175 NFIP Payments Since 1978: $2,580,112 Significant Events: • 8/27/2011: Hurricane Irene impacted the area with heavy rainfall and gusty winds which knocked power out to millions of people in the area. It took electrical crews several days to fully restore power in the planning area. Irene originated east of the Lesser Antilles and tracked north and northwest into the western Atlantic. The hurricane reached Category 3 intensity with maximum sustained winds of near 120 mph at its strongest point. The hurricane made an initial U.S. landfall in the eastern portions of the North Carolina Outer Banks on August 27, 2011 as a Category 1 hurricane. The storm then tracked north/northeast along the coast slowly weakening before making its final landfall in Brooklyn, New York on August 28 as a high-end tropical storm. Rainfall totals with the hurricane ranged from around two inches in western sections of the planning region to 5 to 9 inches in eastern sections closest to the coast. At its closest pass, Irene brought sustained winds of 30 to 45 mph with gusts of 60 to nearly 70 mph to the planning area. The winds downed power lines and trees throughout the area. A man was killed when a tree fell on his home near Colonial Heights. • 9/4/2011: Tropical Storm Lee moved inland along the Mississippi/Louisiana Gulf Coast on September 4, 2011. The remnants of the weakening storm tracked northeast, producing rainfall over a wide swath extending from the Gulf Coast to New England. Rainfall totals generally ranged from 4 to 8 inches in the planning area with the heaviest totals falling just east of Interstate 95. The rain fell on soils saturated only days earlier with Hurricane Irene's passage. The result was widespread flooding, particularly over the eastern sections of the planning region. Gusty winds in thunderstorms knocked down trees that had already been weakened from the hurricane resulting in thousands of power outages. (2) Wind (Limited Threat), including winds from Hurricanes and Thunderstorins Annualized wind damages including thunderstorm winds: $2,545 Annualized hurricane wind damages: $1,961,710 Significant Events: 8/27/2011: Hurricane Irene - See full description in Flood section 9/4/2011: Hurricane Lee - See full description in Flood section. 6/29/2012: A devastating line of thunderstorms known as a derecho moved east- southeast at 60 miles per hour (mph) from Indiana in the early afternoon to the Mid - Atlantic region around midnight. Winds were commonly above 60 mph with numerous reports of winds exceeding 80 mph. Some areas reported isolated pockets of winds greater than 100 mph. Nearly every county impacted by this convective system suffered damages and power outages. To make matters worse, the area affected was in the midst of a prolonged heat wave. Unlike many major tornado Summary of Richmond -Crater Multi -Regional Hazard Mitigation Plan page 4 Executive Summary for County of Chesterfield outbreaks in the recent past, this event was not forecast well in advance. Warm - season derechos, in particular, are often difficult to forecast and frequently result from subtle, small-scale forcing mechanisms that are difficult to resolve more than 12-24 hours in advance. 10/26/2012: Hurricane Sandy made landfall along the southern New Jersey shore on October 29, 2012, causing historic devastation and substantial loss of life. The National Hurricane Center (NHC) Tropical Cyclone Report estimated the death count from Sandy at 147 direct deaths. In the United States, the storm was associated with 72 direct deaths in eight states: 2 in Virginia. The storm also resulted in at least 75 indirect deaths (i.e., related to unsafe or unhealthy conditions that existed during the evacuation phase, occurrence of the hurricane, or during the post-hurricane/clean-up phase). These numbers make Sandy the deadliest hurricane to hit the U.S. mainland since Hurricane Katrina in 2005, as well as the deadliest hurricane/post-tropical cyclone to hit the U.S. East Coast since Hurricane Agnes in 1972. • Total tornado touchdowns since 1950: 15 • Annualized tornado damages: $201,639 , Annualized Thunderstorm Events, 1956 — 2016: 3.98 Annualized Thunderstorm damages: $15,640 Significant Events: 6/29/2012: The June 2012 Mid -Atlantic and Midwest derecho was one of the most destructive and deadly fast-moving severe thunderstorm complexes in North American history. The progressive derecho tracked across a large section of the Midwestern United States and across the central Appalachians into the mid-Atlantic states on the afternoon and evening of June 29, 2012, and into the early morning of June 30, 2012. It resulted in 20 deaths, widespread damage and millions of power outages across the study region. 6/13/2013: On the morning of the 13, another linear complex of severe storms developed along a line near the southern border of Ohio. The storms eventually strengthened into a powerful derecho and raced to the south and east. Fatalities and injuries occurred as a result of falling trees and power lines as the storms ripped through Virginia, along with numerous reports of damaging winds and power outages. The derecho downed numerous tress and damaged structures winds up to 80 mph (130 km/h) in some areas. 5/22/2014: A large Hail and Thunderstorm event came through the region. Some hail was reported to be as large as ping pong balls. Several areas were affected from fallen electric lines. The NCDC data reports that 12 direct deaths in the study region resulted from this event. Summary of Richmond—Crater Multi -Regional Hazard Mitigation Plan pag��5 , Executive Summary for County of Chesterfield 2/24/2016: This storm started in the north eastern states and traveled down through Virginia and south. During the thunderstorm, hail in some parts of the region were as large as 3 inches in diameter. • National Weather Service Alerts (1986-2016): 122 • Annualized winter weather damages: $7,962 Significant Events: 12/25/2010: A 4- to 10 -inch snowfall blanketed the region with the heaviest amounts falling over the south and eastern sections. Amounts ranged from 4 inches northwest of the City of Richmond, 6 to 7 inches in the Cities of Petersburg and Emporia, and around a foot near the Town of Wakefield. 2/10/2014: This was a major ice and snow storm that affected the entire region and elsewhere in the Eastern United States. This event produced devastating amounts of freezing rain and snow along and east of Interstate 95 all the way down to the coast. Overall temperatures throughout the winter were much colder in 2014. This was rated as 3 (Major) on the NESIS scale. A Presidential Disaster event was declared in Chesterfield. 1/22/2016: What transpired was reasonably close to what was forecast, with a major snowstorm for our entire region, which also included a mix of some sleet across portions of the area as well as small amounts of freezing rain. NOAA ranks Northeast U.S. storms according to overall impact, part of which is dependent on societal and economic factors, thus population density is a key component. This particular storm was ranked as a 4 (crippling) on the NESIS scale of 1-5. It is now 4th on the list of historic storms that have been ranked on the NESIS scale, with only two storms ever ranked as a 5 (extreme). Presidential Disasters for this study region were declared for Sussex and Henrico Counties. • Annualized drought damages: $0 Significant Events: November 1976 — September 1977: The region experienced ten months of below average precipitation. The drought began in November 1976 when rainfall totaled only 50% to 75% of normal. During the rest of the winter, storms tracked across the Gulf. During the spring and summer storms tracked across the Great Lakes. These weather patterns created significant droughts throughout most of Virginia. June — November 1998: A heat wave over the Southeast produced warm and dry conditions over much of Virginia. Unusually dry conditions persisted through much of the fall. The drought produced approximately $38.8 million in crop damages over portions of central and south-central Virginia. December 2001 — November 2004: Beginning in the winter of 2001, the Mid - Atlantic began to show long-term drought conditions. The NWS issued reports of moisture -starved cold fronts that would continue throughout the winter. Stream Summary of Richmond—Crater Multi -Regional Hazard Mitigation Plan pag6 ; ; K - r Executive Summary for County of Chesterfield levels were below normal with record lows observed at gauges for the York, James, and Roanoke River basins. By November 2002, the U.S. Secretary of Agriculture had approved 45 counties for primary disaster designation, while 36 requests remained pending. • 2007: Unusually dry conditions persisted through a significant portion of the year through much of southern and central Virginia. Virginia as a whole experienced its tenth driest year on record. • 7/21/2011: This was one of the hottest July's in the last 75 years, breaking records for multiple. According to the NCDC data, all counties were recorded as having excessive heat waves and drought throughout the entire month. • 7/5/2012: Another year of record setting highs and ties throughout the states. These high were accompanied with droughts and heat waves. • Mass evacuations from urban areas can strain a community's resources and cause gridlock on major transportation routes, overcrowding of hospitals and shelters, and increased load on local utility infrastructures leading to potential failure. .. Wildfire (Limited Threat) Annualized wildfire damages: $4,129 Total acres burned (1995-2008): 631.2 Total dollar damage (1995-2008): $53,675 Annualized number of wildfire events: 18.92 High fire risk woodland communities: 189 Number of homes in high fire risk woodland communities: 25,142 Critical facilities within high risk wildfire areas: 94 The greatest landslide hazards are found in the higher elevations of western and southwestern Virginia. Analysis of the hazard here is limited by the availability of data. There is no comprehensive database documenting all landslide occurrences within the Commonwealth. According to the Virginia State Hazard Mitigation Plan, there have been no Federal Declared Disasters or NCDC recorded events for karst related events in the Commonwealth. Land subsidence is very site-specific. There is no comprehensive long-term record of past events in Virginia. Significant Events: 8/1/2010: Sinkholes in the Scottingham neighborhood were reported around storm drain infrastructure. Summary of Richmond—Crater Multi -Regional Hazard Mitigation Plan Executive Summary for County of Chesterfield (11) Earthquake (Limited Threat) • Annualized earthquake losses: $596,915 Significant Events: Significant earthquakes were first recorded in Virginia in 1774. Virginia has had more than 160 earthquakes since 1977, of which 16% were felt. This averages to approximately one earthquake every month, with two felt each year. There have been four significant earthquakes centered in the region. There is quaternary faulting in the Central Virginia Seismic Zone, running through Powhatan, Goochland, Fluvanna, and Cumberland Counties. Quaternary faults and folds are believed to be sources of earthquakes greater than magnitude 6 in the past 1,600,000 years; however, the USGS reports that only liquefaction features are evidence of strong shaking and that individual faults in the Central Virginia Seismic Zone remain unidentified. 8/23/2011: A 5.8 magnitude quake centered near Mineral, VA occurred at 1:51 pm EDT on August 23, 2011. The earthquake was reportedly felt as far north as Boston, as far south as Georgia and as far west as Chicago. Effects of the earthquake were reported to the USGS through its online survey from over 8,434 zip codes, and ranged from weak intensity to very strong. In terms of damage, particularly hard- hit were brick and unreinforced structures and infrastructure near the quake's epicenter. In addition to cracks and buckling, some buildings were knocked off of their foundations. Minor injuries were reported as a result of the damage and debris. The earthquake forced the North Anna Power Station nuclear power plant offline pending an all -clear from a Nuclear Regulatory Commission review. Aftershocks of a lesser magnitude continued to plague the area for several weeks after the event. The strongest aftershock measured 4.5 and occurred on August 25 at 1:08 am EDT. ` Summary of Richmond—Crater Multi -Regional Hazard Mitigation Plan t " )paU'; I I R O O ZZ 6 U) CY) E U) LL 0 0 0 0 E 0- E vi 7 0 c c CD < 0 < 0 0)Q) E N 0 0 > m CS O 0 (n -�; LL Q(D t� 0 N L6 CO d LO VJ 0 a C9 M (N CN 0 C\f 0 0 0 0 to r -i -i tm CL "a cl, C*4 (�o 4) 0 (1) 0) U(D L) a) 0 (1) c� .— E C E 0) a) 0)0) U) c: E Q) 4) E a) c: E a) a) 1,- 0 E E C4 0 UJ W UJ 0 0 m 0 0) - L)(n a) 0 0 > U5 m Fi O 0 > Co U 0 O)o (D CL a) 7t:! 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AshlariW P 11� . ... . . . . L .. .. . . ... .. .. .. .. - S,v New Kent H rco I, "If"11 "f, ......... . . . Chesterfield ".6 J a Cwe harles City C Colonial Heights . . . .... Ubpe ......... . Prince Peter sburg?" George I<1,11'. Surry Isle of Virginia North Carolina BOUNDARY DESCRIPTION Virginia's coastal zone encompasses 29 counties, 15 cities, and 42 incorporated towns in "Tidewater" region of the state. Virginia's costal one Includes 6,000 miles of shoreline, four tidal rivers reaching s far as 100 miles inland —the Potomac, Rappahannock, York, and James Riversand all of the waters therein, and out to, the three nautical mile Territorial Sea Boundary, including all of the Chesapeake Bay and Albemarle _ Pamlico Sound watersheds. FEDERAL CONSISTENCY Federal consistency is the CZMA requirement where Federal agency activities, Federal license or permit activities, and Federal financial assistance activities located inside or outside the state's coastal zone that have reasonable foreseeable effects on the costal use or resource must be consistent with the enforceable policies of the state's coastal zone management program. Suffolk 11 Chesapeake Virginia () 10 0 Delaware Accomack Virginia Coastal Zone MANAGE MEN- PPIGRAM CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: August 23, 2017 Item Number: 12.13.2. Subject: Acceptance of Grant and Appropriation of Funds from the Virginia Department of Environmental Quality for the James River High School,BMP retrofits County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to accept a grant award and appropriate $75,000 in anticipated grant reimbursements (for a total of $375,000 in grant funds for this project) from the Virginia Department of Environmental Quality, and authorize the County Administrator to execute any necessary documents. Summary of Information: The James River High School BMP Retrofit Project was identified in the FY2015 Capital Improvement Program as a means for county compliance towards the Chesapeake Bay Total Maximum Daily Load (TMDL) mandate. The proposed project includes retrofitting three stormwater treatment facilities located at James River High School. The pollutant reduction from the retrofits will be credited towards the county's stormwater regulatory responsibilities under Chesapeake Bay TMDL. The total project cost is estimated at $833,458, $375,000 of which will be funded with DEQ's Stormwater Local Assistance grant funds. District: Midlothian Preparer: Scott B. Smedley, RE, Title: Director of Environmental Engineering Preparer: Matt Harris Title: Director, Budget and Management Attachments: Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 23, 2017 Item Number: 12.113.3. Subiect: Page 1 of 3 Approval of the Chesterfield County Police Department Towing Contract County Administrator's Comments: County Administrator: Board Action Requested: Approval of the attached Towing Contract which is submitted for consideration by the Towing Advisory Board and the Chesterfield County Police Department. Summary of Information: The Police Department contracts with towing companies to tow vehicles that are inoperable due to varying circumstances such as vehicle crashes and mechanical problems. These companies are called upon when the owner of the vehicle has no preference on a wrecker. In accordance with Virginia Code § 46.2-1217, the Towing Advisory Board ("TAB"), which is appointed by the Board of Supervisors, is required to advise the Board of Supervisors regarding any changes to the contract between the Police Department and the tow company owners. The TAB requests approval of the revised Towing Contract which incorporates substantive amendments as follows: 1. Page 1. Section 4. Adding language to address change in ownership "If Contractor changes ownership or business name or reorganizes under a different name during the term of this Contract, the Contractor must immediately notify the Chesterfield County Police Towing Services Coordinator ("Towing Services Coordinator"). The Contract will be terminated upon transfer of ownership. An exception to termination of the Contract may be granted by the Chief of Police if the new owner of the business is an immediate family member of the current owner and the new owner meets all other Contract requirements, or if business changes name, but not ownership." Preparer: Thierry G. Dupuis Title: Chief of Police 0, Attachments: Yes F-1No 1-y ZJ CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 3 AGENDA 2. Page 3. Section 12. The removal of "This contract may be renewed by the County for additional one-year terms if the Contractor timely submits to the County the following: a signed, notarized form which is provided as Addendum C and an updated and completed criminal history form obtained from the Virginia State Police, and an updated Virginia DMV driving record. In addition, renewal is conditioned upon the Contractor's compliance with all terms of this contract in the past, and the County's approval of such renewal. Addendum C forms must be received by the County on or before August 1st of each year to facilitate uninterrupted placement on the Authorized Towing List." Renewal of the Towing Contract will the need for the Authorized Towing (Addendum C). occur every year, which eliminates List Agreement Renewal Application 3. Pages 3 through 12. Renumber the sections starting with Section 12 to account for the removal/deletion of the language discussed in 2. above. 4. Page 3. Section 12. a. Add additional language concerning the license/registration card issued by the Virginia Department of Criminal Justice Services ("DCJS") and instituting a requirement for the completion of training for Traffic Incident Management System (TIMS). The proposed language is: and forward a copy of each driver's DCJS card to the Towing Services Coordinator. In addition, all tow truck drivers are required to be certified with Traffic Incident Management System (TIMS) and Contractor must provide a copy of their certificates of completion to the Towing Services Coordinator. Current contractors must be TIMS certified by September 1, 2018. Newly hired tow truck drivers will be required to complete the TIMS training and Contract must supply a copy of their certificate to the Towing Services Coordinator within six months of their date of hire." 5. Page 7. Section 27. Adding language to clearly define the time towing services are called for in determining whether day or night fees will be charged. The proposed language is: "The time the tow company accepts the police requested tow call from a Chesterfield County dispatcher will be used to determine whether day or night time fees will be charged." 6. Addendum D will be referred to as Addendum C since the Authorized Towing List Agreement Renewal Application, formerly Addendum C, is no longer needed. CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 3 of 3 AGENDA 7. Addendum C. Insert "5. Traffic Infraction pickups with dual rear wheels, or vehicles requiring a medium -duty wrecker. (9,000-14,000 GVWR) $169 (Day) $193 (Night Weekend Holiday*)". 8. Addendum C. Change the GVWR (Gross Vehicle Weight Rating) in services 3. and 4. to a maximum of 9,000 GVWR. 9. Addendum C. change the GVWR (Gross Vehicle Weight Rating) in Services S. and 6. to a minimum 9,000 GVWR. Police Department staff is in agreement with the TAB and supports the recommended revisions to the Towing Contract. and between , ("Contractor") and the County of Chesterfield, Virginia ("Cou»t«")apolitical subdivision ofthe Commonwealth 0fVirginia; WHEREAS, the Chesterfield County Police Department finds it desirable to establish, pursuant to Virginia Code § 46.2-1217, an eligibility list of business establishments to provide towing services; and WHEREAS, the County deems it desirable to ensure that fair, uniform rates are charged for services rendered while serving on the Police Department's towing list and to protect the integrity of the County and the towing facilities from unfair pricing or incompetent services. NOW THEREFORE in consideration of the placement of Contractor on the eligible list of towing operators, Contractor agrees that itwill fully comply with all nfthe terms set out below. Rvsigning this Contract, Contractor certifies that its operation complies, and shall continue to comply, with all conditions, equipment specifications and requirements under this Contract and established by the laws of the Commonwealth of Virginia. Failure to comply or false statements concerning compliance shall be grounds for termination. 2. The County reserves the right to terminate this Contract at any time for any breach of the terms of this Contract. 8. |fContractor declares bankruptcy orotherwise ceases operations during the terms of this Contract, the Contractor shall notify the County in writing immediately. 4. |fContractor changes ownership Orbusiness name 0rreorganizes under a different name during the term of this Contract, GentFaeteF shall give the Geunty thiFty (30) days Chesterfield Co. Police Towing Contract Iof13- Revised 08/02/2017 this GeAtFaet the Contractor must immediately notify the Chesterfield County Police Towing Services Coordinator ("Towing Services Coordinator"). The Contract will be terminated upon transfer of ownership. An exception to termination of the Contract may be granted by the Chief of Police if the new owner of the business is an immediate family member of the current owner and the new owner meets all other Contract requirements, or if business changes name, but not ownership. 5. The Contractor shall maintain and furnish the County with no more than one day phone number and one night phone number. The Contractor agrees to give twenty-four (24) hour notice to the County prior to any changes in day or night numbers. 6. The Contractor's place of business and storage lot must be located within the boundaries of Chesterfield County and the business must be operated under an appropriate Chesterfield County business license. 7. Any towing contractor submitting an application to be placed on the Chesterfield County Police Authorized Towing Contract List shall have conducted towing services in Chesterfield County under its current business name for a minimum of one (1) year. Prior performance and reputation in the community, as reported through the Police Department and criminal history record information on the applicant, and input from the Chesterfield County Towing Advisory Board will be considered when a contractor submits his/her application. 8. Applicant must supply a copy of his criminal history record to the Towing Services Coordinator. Criminal History records will be obtained through the Virginia State Police. Applicant must also supply a current copy of his driving record. Records will be obtained through the Virginia Department of Motor Vehicles. An applicant with a felony conviction on his or her criminal history will generally be ineligible for a towing contract. All felony convictions of the applicant shall be evaluated by the Chesterfield Police Department for the severity of the offense, repeat offenses, elapsed time from last conviction and other relevant factors to assess an applicant's current trustworthiness and character. The Chesterfield Police Department will have the final authority on approval of a towing contract. The applicant will furnish proof of insurance that meet the requirements of Virginia Code § 46.2-649.1. 9. Contractor shall install and maintain a clearly visible sign at the storage lot providing the company name and a telephone number where the owner, manager or attendant may be reached at any time so a towed vehicle may be reclaimed by its owner during operating hours. The sign shall be installed in a conspicuous location, be legible and kept in good condition. 10. Contractor shall insure that service is provided for its storage lot seven (7) days a week from 8:00 a.m. until 6:00 p.m. to return vehicles upon the payment of towing and storage charges. If a vehicle is reclaimed from 8:00 a.m. to 6:00 p.m. response time to Chesterfield Co. Police Towing Contract - 2 of 13- Revised 08/02/2017 the storage lot by the Contractor or his designee shall not exceed one (1) hour. No office facilities are required to be maintained at the storage lot and the lot does not have to be constantly manned during the time that service is required to be provided under this contract. Contractor shall provide adequate security for all vehicles towed and their contents, including appropriate permanent fencing. The Contractor shall be responsible for the vehicle towed and its contents from the time it is towed until one of the following occurs: a. The vehicle is delivered to a location specified by the owner or operator. If the owner, manager, or agent of the specified location refuses the delivery of the vehicle, the mileage charge will continue to the Contractor's tow lot. b. The vehicle is released and accepted by the owner or the owner's agent; or c. The vehicle is otherwise disposed of according to law. 11. This Contract shall expire on August 311t, 2018 unless otherwise terminated pursuant to the terms of this Contract. 13-12. The Contractor shall meet the following minimum requirements, all requirements established by the Virginia Department of Criminal Justice Services ("'DCJS"), and any other reasonable requirements the County may impose in its discretion from time to time: All tow truck drivers must be duly licensed/registered with DCJS and such license/registration must be maintained and renewed in accordance with DCJS requirements. Contractor shall maintain a copy of each tow truck driver's DCJS issued license/registration, and forward a copy of each driver's DCJS card to the Towing Services Coordinator. In addition, all tow truck drivers are required to be certified with Traffic Incident Management System (TIMS) and Contractor must provide a copy of their certificates of completion to the Towing Services Coordinator. Current contractors must be TIMS certified by September 1, 2018. Newly hired tow truck drivers will be required to complete the TIMS training and Contract must supply a copy of ": w� ,, 12 v; C';, Chesterfield Co. Police Towing Contract - 3 of 13- Revised 08/02/2017 ._ .,, 13-12. The Contractor shall meet the following minimum requirements, all requirements established by the Virginia Department of Criminal Justice Services ("'DCJS"), and any other reasonable requirements the County may impose in its discretion from time to time: All tow truck drivers must be duly licensed/registered with DCJS and such license/registration must be maintained and renewed in accordance with DCJS requirements. Contractor shall maintain a copy of each tow truck driver's DCJS issued license/registration, and forward a copy of each driver's DCJS card to the Towing Services Coordinator. In addition, all tow truck drivers are required to be certified with Traffic Incident Management System (TIMS) and Contractor must provide a copy of their certificates of completion to the Towing Services Coordinator. Current contractors must be TIMS certified by September 1, 2018. Newly hired tow truck drivers will be required to complete the TIMS training and Contract must supply a copy of ": w� ,, 12 v; C';, Chesterfield Co. Police Towing Contract - 3 of 13- Revised 08/02/2017 their certificate to the Towing Services Coordinator within six months of their date of hire. b. All wreckers must be registered as required by law under Virginia Code § 46.2-649.1. Contractor shall display proper license plates as required by DMV. c. All wreckers must have business name, address, and phone number on both sides of the vehicle and visible to the naked eye from a distance of fifty (50) feet. (Virginia Code § 46.2-1076 D.) The lettering will be permanently affixed to the wrecker Magnetic signs are prohibited except in the use of rental wreckers as provided in paragraph 22 of this Contract. d. Contractor shall comply with the Code of the County of Chesterfield, including § 13-42 that states the following: No truck having wheels of the dual -tire type in excess of 6,000 pounds and no trailer, semitrailer or cab for such trailer shall be parked on any road in the County within any resid2ential district as defined in the zoning ordinance. e. Contractor shall not park a wrecker in a residential area while carrying or towing vehicles. f. All wreckers must have current Virginia State Inspections. g. All wreckers shall be standard vehicles originally designed and built as wreckers and shall not be pick-up or similar trucks with towing slings on the body. All wreckers shall be equipped with at least one (1) shovel, one (1) broom, one (1) container or pail for glass and debris, (1) 5 -pound operational/charged multi-purpose fire extinguisher and a sufficient amount of absorbent material equal to a five (5) gallon bucket and any other equipment required by the County. i. In addition to the required standard lighting equipment, each wrecker will be outfitted with a flashing, blinking, or alternating (rotating) amber light(s) as required by Virginia Code §§ 46.2-1025 and 46.2-1030(C). Additions or changes in equipment or storage facilities may be made to Attachment A after the police have inspected and approved all equipment/facilities to be added to said attachment and after the police have been notified in writing by the Contractor of the deletions/additions of Chesterfield Co. Police Towing Contract - 4 of 13- Revised 08/02/2017 equipment or storage facilities listed in Attachment A provided; however; that the Contractor shall at all times comply with minimum equipment and storage facility specifications of this Contract or this Contract shall be terminated. k. As mandated by the Commonwealth of Virginia in the 2011 Virginia Work Area Protection Manual, Section 6D.03, towing and recovery personnel who are exposed to traffic shall wear high -visibility safety apparel that meets Performance Class 3 requirements. 3-413. The County reserves the right to contract with no more approved wrecker/towing companies at any one time than it deems to be necessary. 114. The Contractor shall be able to respond to police calls for impoundment or seizure for towing and wrecker services every day of the week on a twenty-four (24) hour a day basis. 47615. Response time for the arrival on the scene by the tow truck shall not exceed thirty minutes from the time the call for service is made by the County. In the event the Contractor determines from the circumstances of the call for service, that a larger than normal wrecker is required, an additional thirty minutes will be allowed. In the event the response time exceeds such time limits, the County reserves the right to call any other available contractor. Frequent failures to respond within the appropriate time limits shall be considered grounds for termination of this Contract and removal from the eligibility list. The above time limit may be waived by the County for good cause. 1-716. In the event an owner or operator of a vehicle to be towed requests towing service from someone other than the County contracted towing services, such request shall be honored by the County unless circumstances prevent the request from being honored. 3-817. It shall be the responsibility of the Contractor to determine the appropriate wrecker to be sent on any call. In the event the Contractor deems it necessary to obtain additional assistance or equipment and the Contractor does not have the needed assistance or equipment, the Contractor will advise the police officer on the scene of this fact and the officer will call for another contractor to respond to assist. Contractor shall not accept calls for service that are beyond their capability or equipment limitations. Contractor shall not accept a service call from the County and then split the call with another contractor or give the call to another contractor. 1-318. The Contractor shall notify the Chesterfield County Emergency Communications Center Supervisor of a temporary change of telephone number. Any permanent change in address or phone number shall be made in writing to the Community Services Division, Chesterfield County Police Department, 2730 Hicks Road, North Chesterfield, Virginia 23235. Chesterfield Co. Police Towing Contract - 5 of 13- Revised 08/02/2017 2919. All wrecker operators employed by the Contractor shall be duly licensed as required by the Code of Virginia, and shall have such license in their possession at all times when operating wreckers or other equipment. -2420. The Contractor shall be responsible for the removal of all debris from the scene before departing. The Contractor shall also be responsible for the removal of injurious substances dropped upon the highway from such vehicle. See Va. Code § 18.2-324. If an injurious substance clean up warrants the use of resources beyond those required for a basic clean up, the Contractor may charge the hourly fee listed on Addendum -D C for additional labor and may also charge for its additional equipment expenses. The Contractor is required to document through photographs the before and after condition of the scene. The Contractor is required to maintain for a period of two years the photographic documentation, as well as the documentation substantiating the additional expenses charged. The documentation must be made available for inspection by the County upon request. In the event that two or more wreckers are at a scene, Contractor agrees to cooperate with all drivers as necessary for clean-up. If all other tow trucks have left the scene, the last tow will be responsible for cleaning up the debris. 2221. The Contractor shall not release any vehicles "seized" or "seized for forfeiture" by the County until the Contractor obtains permission from the County or is ordered by the Court to release the vehicle. 2822. In performance of its duties under this Contract, the Contractor shall use only that equipment which has been inspected and approved by the County. All approved equipment of the Contractor shall be listed on Addendum A hereto, which is made part of this Contract. Use by the Contractor of equipment of any other towing facility, regardless of ownership, or of unapproved equipment, shall constitute just cause for immediate termination of this Contract. If a Contractor's wrecker is temporarily disabled a rental wrecker may be utilized, with the written approval of Chesterfield County Police Department for up to 30 days. Extension of time to the 30 day time limit may be granted at the discretion of Chesterfield County Police Department. The rental wrecker must meet all of the requirements of this Contract and magnetic signs displaying the name, address and telephone number of the Contractor shall be affixed on both sides of the rental wrecker. (Magnetic signs are not otherwise allowed on wreckers owned and used by the Contractor.) The Contractor shall notify Chesterfield County Police Department's towing coordinator for approval prior to putting a rental wrecker in service. This provision shall not prohibit the use of "specialty equipment" under emergency conditions. When so instructed by the police, the Contractor shall provide whatever equipment is necessary to move the motor vehicle designated by the County, including, but not limited to, dollies, winches, cable extensions, and off road work. Chesterfield Co. Police Towing Contract - 6 of 13- Revised 08/02/2017 -2423. The Contractor hereby grants the County permission to inspect periodically all equipment and storage facilities listed in Attachments A and B at the convenience of the County. Whenever the County determines any storage facility or equipment to be unacceptable, the County shall give written or verbal notification to the Contractor of its determination, and said unacceptable equipment or storage facility shall not be used by the Contractor in performance of its obligations hereunder until corrected, and, if not reasonably corrected within 10 days, such equipment or storage facility shall be deleted from Attachment A. All findings of unacceptable equipment will be documented in the tow company's file at the Police Department. 2-524. The Contractor shall keep for two (2) years all records related to the towing of vehicles which have been towed under this Contract. These records will include copies of the itemized bill given to owner or operator as outlined in section 27(c) of this Contract. Contractor shall keep separate all towing charges billed under this Contract. Such records shall be available at any time for inspection by the police. 2625. The Contractor represents that no current employee or member of the governing body of the County of Chesterfield has any interest, direct or indirect, in the Contractor's business. 2726. The Contractor shall indemnify, hold and save harmless the County of Chesterfield, the Board of Supervisors of Chesterfield County, Virginia, and all County officers, agents, and employees from and against any and all claims, causalities, damages, injuries, suits, actions, or causes of actions, arising or asserted due to any act or omission of the Contractor, its officers, agents or employees in the performance of this Contract. 2927. The Contractor may charge three basic fees for its services: a night tow fee to cover the period from 7:00 p.m. to 7:00 a.m., a day tow fee to cover the period from 7:01 a.m. to 6:59 p.m. and a holiday fee. The time the tow company accepts the police requested tow call from a Chesterfield County dispatcher will be used to determine whether day or night time fees will be charged. The holiday fee may be charged on holidays recognized by Chesterfield County. The County holidays are listed on Addendum D C of this Contract. These basic fees shall include any charge for the storage of the vehicle towed. All fees shall be listed on Addendum 44 C of this Contract and approved by the County. To determine the proper category of charge, (disabled vehicle, accident, traffic infraction etc.) the tower must verify with the officer on the scene what classification will be assigned to the incident. If the tow driver on scene disagrees with the officer on scene about the proper category of charge, the driver may request for an on duty police supervisor to mediate. The decision of the on duty supervisor will be binding. Contractor shall give each owner or operator a written e copy of approved towing fees at the time of the tow. A master copy of the towing fees will be supplied to the Contractor by the County. The Contractor will give copies of the master copy to the owner or operator. Only the copy approved by the County will be supplied to the owner or operator. If operator or owner is not available at the time of tow a copy may be given Chesterfield Co. Police Towing Contract - 7 of 13- Revised 08/02/2017 when customer picks up vehicle. When requested at the scene of the tow or at the Contractor's storage lot, the Contractor shall release to the owner or his or her designee personal contents of vehicle that are not attached or considered to be necessary for the proper operation of any motor vehicle. At no time can the Contractor hold personal items not permanently affixed to the vehicle in lieu of payment of the tow bill. a. The allowable fees are listed on Addendum D C of this Contract. Contractor can charge for an additional wrecker, person or equipment if utilized for the same vehicle. The fees listed in Addendum 44 C for additional person, wrecker or equipment shall not exceed the fee for disabled passenger vehicles, pick-up, SUVs or vans. With prior approval from the Police Department Towing coordinator, Contractor may charge a fee not to exceed $100.00 for extraordinary circumstances. These circumstances could be but are not limited to a vehicle underwater, in a large ravine or some other circumstance which requires significant additional work as compared to a normal tow. At no time can this charge be levied without prior approval by the Police Department Towing Coordinator. b. If a wrecker responds and services are not required, no charge will be made by the Contractor if it has not hooked up to the vehicle. An example would be a parking violation where the owner arrives to claim the vehicle before the wrecker is attached to the vehicle in violation. c. The Contractor shall present to the owner or operator of any motor vehicle towed or stored an itemized bill containing the following information: Vehicle owner's name, address and/or; Vehicle description including manufacturer, color, model and license plate number and vehicle identification number; iii. Date and time vehicle towed, incident number assigned by Police Communications Center, location from which the vehicle was towed and the reason for the tow, list of services provided and individual cost; iv. Location, date and the vehicle was released. The itemized bill shall have the information from both 27.c.i. and ii, unless the information from i. is unavailable, in which case the bill shall contain the information required by 27.c.ii. d. A separate fee maybe charged for the release of a vehicle after normal business hours (5:00 p.m. 8:00 a.m.) Fees allowed are listed on Addendum B C of this Contract. Chesterfield Co. Police Towing Contract - 8 of 13- Revised 08/02/2017 2-928. a. The Chief of Police shall designate an officer to investigate all complaints made by the owner and/or operator of vehicles which are towed or stored pursuant to this Contract. b. When deemed necessary, the Chief of Police or his designee shall make written recommendations for corrective action, which shall be binding on the Contractor. c. The Chief of Police or his designee will determine whether or not the Contractor is providing satisfactory service. If service is determined to be unsatisfactory, this Contract may be terminated. 3829. a. The County may at any time, in its discretion, suspend or terminate this Contract after providing the Contractor 24-hour advance written notification. However, the County reserves the right to immediately, without 24-hour advance written notification, suspend the Contract and remove the Contractor from the Authorized Towing List if such suspension and removal is in the interest of public safety and, therefore, deemed necessary by the County. Grounds for termination or suspension shall include, but not be limited to: Failure to respond to requests from the County within the required 30 minute time period; ii. Failure to maintain equipment in accordance with requirements as enumerated in this contract and or failure to have new equipment or facilities approved prior to their use; iii. Lack of adequate insurance as required by Virginia Code § 46.2-649.1; iv. Arriving at the scene of an incident where Contractors are required without being called by the County; v. Operating in a manner which is inefficient or unsafe or allowing an inexperienced or unlicensed persons to operate any equipment which is used to tow a motor vehicle; vi. Storing a vehicle at a location other than an approved storage lot; vii. Failure to comply with any of the terms of this Contract; viii. Convictions for violating local, state, or federal laws; ix. Failure to clean roadways at the scene of an accident; Chesterfield Co. Police Towing Contract - 9 of 13- Revised 08/02/2017 x. Use of satellite telephone numbers or business locations to increase the number of operating points for Contractors within the County; xi. Substantiated complaint(s) of excessive or unnecessary fees for towing or storage charged to customers; xii. Any action or activity by the Contractor which, in the determination of the police, is not in the best interest of the police, the County, or the citizens of Chesterfield County; xiii. Involvement in criminal offenses or activity and/or failure to comply with all laws, ordinances, codes and regulations applicable to the operation of a motor vehicle towing and storage business; xiv. Operating a towing business without a valid Chesterfield County business license; xv. Failure to pay County or state taxes. b. The Contractor shall receive from the Chesterfield County Police Department written notice of such removal or suspension and the grounds therefore. The Chief of Police or his Designee's decision for removal or suspension shall be final and conclusive unless the Contractor appeals in writing to the Chief within ten (10) days of receipt of notice of removal or suspension. c. The Contractor's written appeal to the Chief of Police shall include the basis for its appeal and the relief sought, and shall state whether the Contractor wishes to have a hearing with respect to the appeal. d. If no hearing is requested, the Chief of Police or his designee shall render a decision to the Contractor within ten (10) days of receipt of appeal. e. If a hearing is requested, it shall be held within ten (10) days of receipt of the written appeal or as soon thereafter as possible, and a final decision shall be rendered by the Chief of Police or his designee within ten (10) days of the hearing. During the hearing, the Contractor, and the Police Department, shall have the opportunity to present pertinent information, and to cross-examine adverse witnesses. The hearing shall be an informal, administrative proceeding, rather than a judicial -type trial, and shall be conducted by the Chief of Police, or his designee. The Contractor may be represented by counsel at its own expense. f. If the final decision of the Chief of Police or his designee is removal of the Contractor from the list and termination of the Contract, the Contractor may appeal in writing to the County Administrator. Such appeal must be made to the County Chesterfield Co. Police Towing Contract - 10 of 13- Revised OS/i2/2(1 Administrator within ten (10) days of receipt of the Chief of Police's final decision issued pursuant to subsection 29(d) or (e). The County Administrator may consider the Contractor's notice of appeal and any documentation or evidence submitted to the Chief of Police for his consideration. The County Administrator shall issue a written decision upholding, reversing, or modifying the decision of the Chief of Police within thirty (30) days of receipt of the written appeal. X30. Contractor's records shall be open to inspection and subject to audit and/or reproduction by the County to the extent necessary to adequately permit evaluation and verification of any invoices, payments or claims submitted by Contractor of any of its payees pursuant to this Contract. Such records subject to examination shall also include, but not be limited to, those records necessary to evaluate and verify direct and indirect costs (including overhead allocations) as they may apply to costs associated with this Contract. For the purpose of such audits, inspections, examinations and evaluations, the County shall have access to said records from the effective date of this Contract, for the duration of the work, and until two (2) years after the date of final payment by the County to Contractor pursuant to this Contract. The County shall have access to Contractor's facilities, shall have access to all necessary records in order to conduct audits in compliance with this article. The County shall give Contractor reasonable advance notice of intended audits. Contractor shall require all subcontractors, insurance agents, and materials suppliers (payees) to comply with the provisions of this article by insertion of the requirements hereof in a written agreement between Contractor and payee. Failure to obtain such written contracts which include such provisions shall be reason to exclude some or all of the related payees' costs from the amount payable to Contractor pursuant to this Contract. If an audit inspection or examination in accordance with this article discloses overcharges (of any nature) by Contractor to the County in excess of five percent (5%) of the total Contract billings, the actual cost of the County's audit shall be paid by Contractor. X31. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, gender, disability, national origin, age, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Chesterfield Co. Police Towing Contract -11 of 13 - Revised 08/02/2017 X32. During the performance of this Contract, the Contractor agrees to: a. Provide a drug-free workplace for the Contractor's employees. b. Post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition. State in all solicitations or advertisements for employees placed by or on behalf of Contractor that Contractor maintains a drug-free workplace. For the purposes of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a Contractor in accordance with this paragraph, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the Contract. X433. The validity and construction of this Contract shall be governed by the laws of the Commonwealth of Virginia. Any claims, actions or disputes which arise concerning or relating to this Contract shall be brought in the Circuit Court of Chesterfield County. --534. This Contract constitutes the entire agreement of the parties with respect to the towing and storage of motor vehicles by the Contractor at the request of the County for police - requested towing or police towing requests as defined by Virginia Code § 46.2-1217. No changes to this Contract shall be made except in writing and signed by both parties. This Contract supersedes all other agreements between the parties hereto with respect to towing and storage of motor vehicles. Chesterfield Co. Police Towing Contract - 12 of 13- Revised 08/02/2017 Approved as to form: COUNTY OF CHESTERFIELD Ms Its: CONTRACTOR Company: Name: Position: Chesterfield Co. Police Towing Contract - 13 of 13- q - Revised 05/22/2017 Addendum A 49 Authorized Wreckers Names of Business: Business Address: Email: Business Phone: Wrecker #1 Year: Make: Model: . . . . . ..... .......... . . . . ...... . ........ . . .... ... ........ ........... . .......................... . . . . . . . . . ............. VIN # License No. . .......... . .. .... . ...................... ---... . . ............... Operational Fire F-1 Class 3 Vest/ Safety State Extinguisher Apparel Inspection Date Shovel F-] Broom Gross Weight Standard F-1 Roll Back ❑ Heavy Flashing Lights ❑ Container for removal of debris o Business/Address/Phone displayed o Wrecker #2 Year: Make: Model: VIN # License No. . . . . ..... . .. ........ . ......... Operational Fire ❑ Class 3 Vest/Safety State Extinguisher Apparel Inspection Date Shovel ❑ Broom Gross Weight Standard F Roll Back F-1 Heavy Flashing Lights ❑ Container for removal of debris o Business/Address/Phone displayed o Wrecker #3 Year: Make: Model: . . ........... .. . ............ . .. . . ........... . . VIN # License No. . . ...... ................ . ........ . ... Operational Fire ❑ Class 3 Vest/Safety State Extinguisher Apparel Inspection Date Shovel ❑ Broom Gross Weight Standard ❑ Roll Back ❑ Heavy Flashing Lights El Container for removal of debris o Business/Address/Phone displayed o Chesterfield Co. Police Towing Contract - 14 of 13- Revised 05/22/2017 Addendum B Authorized Towing List Agreement Application (Storage Lot) Name • Business: Principal Business Address: Operated by: Storage lot location: Owned by: (Name) Bus. Phone: Home Phone: Phone: (Address) Owned by ApplicantF-] Leased by Applicant ❑ If Lease, attach a copy of leasing agreement. Storage Facility: Fenced in ❑ LightsE] Security guard ❑ Guard dogs ❑ Closed and covered ❑ Describe type of fencing Normal hours storage lot is open: Charge per day for storage outside inside Show capacity for outside storage inside Applicant's signature: Applicant's title: Date: Chesterfield Co. Police Towing Contract - 15 of 13 - Revised 05/22/2017 Addendum 9-C Below are the maximurn allowable charges to citizens. No other fees except those specified below and in the Contract, are permitted without approval of Chesterfield County Police Department Towing Coordinator. By signing the Contract in whole (and Addendum D in part), Contractor agrees to accept these fees for any Chesterfield County Police Department originated call for towing or related services under the Contract. This Addendum is effective: 09/01/20167 Contractor: Phone: Owner's Signature: Date: *Nighttime rates are effective between the hours of 7:00 p.m. and 7:00 a.m. Monday -Friday. All hours on weekends and County holidays are charged as nighttime.* The County holidays include New Years Day, Lee Jackson Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and the day after Christmas Eve and Christmas Day. Chesterfield Co. Police Towing Contract - 16 of 1.3- Revised 05/22/2017 ti. Night Services Day weekend Holiday* 1. Towing wrecked passenger vehicle, light duty pick-ups, SUVs and vans (glass, $182 $218 metal, plastic sweep -up fee and basic injurious substance clean u included). 2. Towing disabled passenger vehicle, light duty pick-ups, SUVs and vans. $89 $101 Vehicles towed to Police impound lot in disabled type condition 3. Traffic Infractions (Under 9,000 GVWR) $126 $144 4. Towing wrecked delivery trucks, pick-ups with dual rear wheels, or vehicles (glass, metal, plastic sweep -up fee, and basic injurious substance clean up $251 $288 included). (Under 9,000 GVWR) 5. Traffic Infraction pickups with dual rear wheels, or vehicles requiring a $169 $193 medium -duty wrecker. (9,000-1GVW R)6. GVR) 6. Towing disabled pick-ups with dual rear wheels, or vehicles requiring a $1.37 $1.55 medium -duty wrecker. (9,000-14,000 GVWR) 7. Charge for disconnecting drive shaft, transaxle, transmission, transmission linkage in order to prevent drive train damage. Multiple charges are not $50 $50 allowed. 8 Storage fee — No storage fee for the first calendar day the vehicle was towed. Fees begin at 12:01. a.m. each calendar day after the first day the vehicle was $42 $42 towed. 9. After -hour release fee may be charged from 5:01 p.m. - 8:00 a.m. Mon —Fri., all day on Saturdays and Sundays, and on approved. County $46 $46 holidays*. 10. DMV Title search, lien holder/owner notification fees. $87 $87 11 One time charge per vehicle for use of winch for a vehicle with at least two $76 $93 wheels completely off the roadway, off the designated. shoulder, vehicles with no keys or overturned. Multiple winching charges shall not be allowed. 12. Charges per mile from the `hook-up' site if the destination is other than directly $4 $4 to your towing storage lot. 13. Snatch Block $65 $75 14. Hourly labor rate for injurious substance clean u not covered by 1. or 4. $47 $57 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 2 AGENDA Meeting Date: August 23, 2017 Item Number: 12.113.4.a. Subiect: Set a Public Hearing Date to Consider the FY2019 and FY2020 Transportation Alternatives Projects County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to set September 27, 2017, as a public hearing date to consider the FY2019 and FY2020 Transportation Alternatives Projects. Summary of Information: With the adoption of MAP -21, three programs - Safe Routes to School, Enhancements and Recreational Trails - have been restructured into one program called Transportation Alternatives. Projects eligible for Transportation Alternatives funding include: • On -road and off-road pedestrian and bicycle facilities • Safe routes for non -drivers (children, older adults and individuals with disabilities) to access daily needs • Conversion of abandoned railway corridors to bike and/or pedestrian trails • Construction of turnouts, overlooks and viewing areas • Historic preservation and rehabilitation of historic transportation facilities Preparer: Jesse W. Smith Preparer: Matt Harris — Attachments: El Yes • Inventory/control/removal of outdoor advertising • Vegetation management to improve safety, prevent against invasive species and provide erosion control • Archaeological activities relating to impacts from implementation of a transportation project • Environmental mitigation to address stormwater management, water pollution prevention due to road construction or runoff • Wildlife mortality mitigation Title: Director of Transportation Title: Director of Budget and Management No #1 '71 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Summary of Information: (continued) VDOT has moved to a biennial application process and the deadline for FY2019 and FY2020 Transportation Alternative projects is November 1, 2017. VDOT staff will review project applications for eligibility and the Commonwealth Transportation Board and Transportation Planning Organization will subsequently select projects for funding. Staff recommends continuation of the magisterial district rotation, as utilized previously, for project selection (Clover Hill, Midlothian, Bermuda, Matoaca, Dale). Staff recommends qualifying projects in the Clover Hill (FY2019) and Midlothian (FY2020) magisterial districts be submitted for consideration. The specific project recommendations will be provided as part of the formulation of the agenda item for the public hearing. Recommendation: Staff recommends the Board set September 27, 2017, as a public hearing date to consider the FY2019 and FY2020 Transportation Alternatives Projects and authorize the advertisement for that hearing. Districts: Clover Hill and Midlothian CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 2 J74? AGENDA Meeting Date: _August 23,2017 Item Number: 12.13.4.1b. I Subiect: Set Public Hearing to Consider Amending Sections 15-121, 15-122.1, 15-133, 15-163, and 15-246 of the County Code Pertaining to Regulated Occupations and Services County Administrator's Comments: County Administrator,: Board Action Requested: The Board is requested to set a public hearing for September 27, 2017, to consider amendments to the County Code pertaining to regulated occupations and services. Summary of Information: In 2012, after a review of county ordinances governing regulated occupations and services, the Board broadened the background check requirement to include a national criminal background check conducted by the State Police. Certain ordinances currently reflect both the processing fee due to the County and the costs of the national background check imposed by the State Police. The State Police recently reduced what it charges the County from $37.00 per national background check to $25.00 per background check. In order to reflect this reduction, amendments are required to the attached ordinances. In an effort to ensure consistency and to eliminate the need to amend these ordinances should the State Police costs change in the future, the proposed ordinance amendments now reflect that any specific county fee and the Preparer: Jeffrey L. Mincks Title: County Attorney 1333:98630.1 (98742.1) Attachments: 0 Yes F-1 No # 0,00059 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA additional costs of the State Police national background check will be borne by the applicant at the time of the application. Staff recommends setting a public hearing for September 27, 2017, to consider these proposed amendments. AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 15-121, 15-122.1, 15-133, 15-163, AND 15-246 RELATING TO PROCESSING FEES AND COSTS FOR BACKGROUND CHECKS FOR REGULATED OCCUPATIONS AND SERVICES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 15-121, 15-122.1, 15-133, 15-163, and 15-246 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted to read as follows: ARTICLE VI. NIGHTCLUBS AND OTHER ADULT ENTERTAINMENT DIVISION 1. NIGHTCLUBS [title] Sec. 15-121. Nightclub permit required from chief of police—Application; issuance. (a) Every person desiring a business license to operate a nightclub, as defined in chapter 6, shall first apply to the chief of police, or his designee, for a permit to conduct such activity. Each such application shall be accompanied by a fee in the amount of $62.00. $25.00. This fee and the additional costs charged by the Virginia State Police to conduct the background investigation set forth in subsection (b)(6), shall be paid to the treasurer of the county when the application is filed. 000 DIVISION 2. ADULT BUSINESSES att Sec. 15-122.1. Adult business permits required from chief of police—Application. (a) Every person desiring a business license to operate an adult business, as defined in chapter 19. 1, shall first apply to the chief of police, or his designee, for a permit to conduct such activity. Each such application shall be accompanied by a fee in the amount of $62.00 $25.00. This fee and the additional costs charged by the Virginia State Police to conduct the background investigation set forth in subsection (b)(61 shall be paid to the treasurer of the county when the application is filed. The permit shall be valid for a period of 12 months and may be renewed subject to the same requirements as the initial permit. Rrle] 1333:98742.1 ARTICLE VII. PRECIOUS METAL DEALERS ••• Sec. 15-133. Same—Method of obtaining. (a) The permit required by this article shall be issued by the chief of police upon payment of a $237.00 .,,-.,..h,.atie, fee of $200.00 and satisfaction of the requirements of this article. This fee, and the additional costs charged by the Virginia State Police to conduct the background investigation described herein, shall be paid to the treasurer of the county when the gpplication is filed. The applicant will provide written authorization to conduct a background investigation, including fingerprints and personal descriptive information for the purpose of obtaining criminal history record information, the costs of which shall be borne by the applicant. The fingerprints shall be forwarded to Virginia State Police for processing through the Central Criminal Records Exchange to the Federal Bureau of Investigation as authorized by Code of Virginia, § 15.2-1503.1. A permit will not be issued if the applicant has been convicted within the last ten years from the date of the application of a felony or any other crime materially affecting the applicant's ability to conduct the permitted activity including a crime of moral turpitude, or if the applicant has been denied a permit or has had a permit revoked under any statute or ordinance similar in substance to the provisions of this article. Information required on the application shall include, but not be limited to, the applicant's full name, aliases, address, age, sex, race, Social Security Number, date of birth; the name, address and telephone number of the applicant's employer, if any; and the location of the place of business of the dealer. The applicant shall date and sign the application and certify that the information contained in the application is true and correct. Before a permit is issued, the dealer must have all weighing devices used in his business inspected and approved by local or state weights and measures officials and present written evidence of such approval to the chief of police. (b) No license shall be valid for more than 12 months from the date of issuance. Any license may be renewed in the same manner as the initial license is obtained. The renewal application fee shall be $200.00. 000 ARTICLE VIII. SOLICITORS [title] Sec. 15-163. Fees. A fee of $57.00 $20.00 and the additional costs charged by the Virginia State Police to conduct the background investigation set forth in Section 15-162(b)(8) toeover- the eests of investigation f the . plie ntz andpr-eeessing of the applieati shall be paid to the treasurer of the county when the application is filed. 1333:93742.1 2 , -a ARTICLE XI. FORTUNE-TELLERS Sec. 15-246. Fortune-tellers. (a) Every person desiring a business license to operate as a fortune-teller (as defined in chapter 6) shall first apply for and obtain a permit from the chief of police, or his designee, to conduct such activity. Nothing contained in this section shall apply to a person pretending to act as a fortune-teller in a properly -licensed theater as part of any show or exhibition presented therein or as a part of any play, exhibition, fair or show presented or offered in aid of any benevolent, charitable or educational purpose. (b) The permit application shall include, but not be limited to, the following: (2) Written authorization to conduct a background investigation of the applicant, including fingerprints and personal descriptive information for the purpose of obtaining criminal history record information, the costs of which shall be borne by the applicant. The fingerprints shall be forwarded to Virginia State Police for processing through the Central Criminal Records Exchange to the Federal Bureau of Investigation as authorized by Code of Virginia, § 15.2- 1503.1. n a fee . f$37.000 to , ,. the eests of investigation of the ., plioa„+ -b and pr-eeessing of the ap h, ation,, The costs of the background investigation as set by the Virginia State Police shall be paid to the treasurer of the county when the application is filed. 4141VA (2) That this ordinance shall become effective immediately upon adoption. 1333:98742.1 3 fi CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 2 1749 AGENDA Meeting Date: August 23, 2017 Item Number: 12.13.4.c. Subiect: Set Public Hearing to Consider Amendments to Chapter 2, Article V (County Code Sections 2-41, et seg.) Pertaining to Procurement County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to set a public hearing for September 27, 2017, to consider amendments to the County Code pertaining to procurement. Summary of Information: The functions of the Procurement Department encompass a range of responsibilities greater than just the purchase of goods and services. For example, the procurement director is currently responsible for the disposal of surplus goods, certain aspects of contract administration, and promulgating, reviewing, and revising administrative policies and procedures. The Procurement Department recently conducted a comprehensive assessment of the County's purchasing ordinances and is proposing updates to various sections of these ordinances. Many of the proposed amendments are stylistic and not substantive in nature. Additionally, the amendments make the County's current practices for adopting procurement administrative policies and procedures a part of the County Code. Moreover, the sections regarding competitive sealed bidding and competitive Preparer: Jeffrey L. Mincks Title: County Attorney 1333:98659.1 (96128.6) Attachments: Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA negotiation were replaced by amendments to Section 2-46, which incorporate the methods of procurement set forth in the Virginia Public Procurement Act ("the Act") . Throughout the Article, applicable provisions of the Act are incorporated by reference. As set forth in Section 2-54, these amendments clarify the state law requirements of the Act, including any exemptions from these requirements, will be the procurement practices followed by the County. There will be no substantive effect on the day-to-day operations of the Procurement Department by virtue of adopting these amendments. Staff recommends setting a public hearing for September 27, 2017, to consider these proposed amendments. AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 2-41, 2-42, 2-43, 2-44, 2-45, 2-46, 2-47, 2-50, 2-51, 2-52 AND 2-53; AND REPEALING SECTIONS 2-48 AND 2-49; AND ADDING SECTION 2-54 RELATING TO PROCUREMENT BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 2-41, 2-42, 2-43, 2-44, 2-45, 2-46, 2-47, 2-50, 2-51, 2-52 and, 2-53 of the Code of the County of Chested eld, 1997, as amended, are amended and re-enacted; and Sections 2-48 and 2-49 of the Code of the County of Chestedeld, 1997, as amended, are repealed; and Section 2-54 of the Code of the County of Chesterfield, 1997, as amended, is added to read as follows: Sec. 2-41. County flreh-asring procurement director—Competitive purehaasing procurement; delegation of authority; other officers designated as county purehas procurement agents for certain purposes. (a) All goods, and services insurance and construction for all county departments, the public school system, and the department of social services or community services board shall, unless otherwise provided in this article or applicable law, be procured through competitive centralized pufehasing procurement administered by the county purElasing procurement director. The county pur-ehasing procurement director is authorized to delegate his authority. ien pufehasing agei4 for- spending eatinty (b) The director of food services for the county school board is the county's pur-chasiprocurement agent for pureeing procuring food supplies for county schools and school system related functions. (c) Every department shall request its goods= services, insurance, and construction from the county purelasing procurement director on requisitions prescribed by the county pufehasing procurement director, and departments shall be charged for such phases procurement. (d) The designation "county" as used in this article includes all county departments, the county's public schools and school board, and other entities for which the county procurement director acts as procurement agent, as the context may require. Sec. 2-42. Same—Duties generally. The county pufehasing procurement director shall: 0505:96128.6 1 (a) Pufehase Procure or supervise the pufehase procurement of all goods., arA services insurance and construction for the county. or- eotmty ,ao,.^r,-fnei s (b) Sell, trade or otherwise dispose of the county's surplus goods. (c) Establish and enforce standard specifications for goods., and services, insurance, and construction purchased procured by the county. (d) Establish, maintain and supervise programs to assist the county a^rAfnel4s with specifications development, contract administration and inspection and acceptance of goods, and services insurance and construction. (e) Make nonresponsiveness., and nonresponsibility, bid protest and debarment determinations. (fl Propose administrative policies and procedures to be issued as set forth in section 2-43 and to promulgate alternative small purchase procedures pursuant to Virginia Code Section 2.2-4303(G), as amended. Sec. 2-43. Same Rules an r-egul^+i^~�� Policies and procedures. b Consistent with the provisions of this article, the county's Charter, or state law, and subject to the approval of the county administrator, with such authority delegated to the county administrator by the board of supervisors, the county purehusing procurement director is authorized to adopt, promulgate and amend rules., and regulations, policies or procedures for the following purposes: (a) Prescribing the manner in which goods., and services insurance and construction shall be pufehased procured and delivered. (b) Providing for the disposal, by sale or • blie aeti of surplus goods whi h are obsolete ^ s b le by on behalf of the county. (c) Providing for such other matters as may be necessary to administer and enforce such rules, and regulations, policies and procedures, the provisions of this article, and applicable provisions of the Virginia Public Procurement Act (Virginia Code Sections 2.2-4300, et seq.). Sec. 2-44. Same—Joint pur-ehasin procurement agreements and cooperative procurement. The county „""� procurement director shall have the authority to enter into joint p",� procurement or cooperative procurement ei4s with othe,. pelifieal eiAit es when h gfeements afe in the ^ unty's best interests. pursuant to Virginia Code Section 2.2- 4304, as amended, when such agreements are in the county's best interests. Sec. 2-45. Competitive purehasing procurement generally; exceptions. All county contracts with nongovernmental contractors for the purchase or lease of goods, for the purchase of services insurance and construction, or for the Pale of obsolete ^r unusable disposal of surplus goods, shall be awarded only after compliance with the 0505:96128.6 2 requirements of the Virginia Public Procurement Act (Code of Virginia Sections 2.2-4300, et seg_) including any exemptions from competition as set forth therein, or as otherwise provided in the Code of Virginia or this article. Notwithstanding the above, pufohase-s procurement of goods, aPA services, insurance, and construction, shall be made with such competition as is practicable, as determined by the eoupt-y ptffehasing procurement director. Sec. 2-46. When eompetitive negotiation permitted. Methods of Procurement IN. NO FIMMURRMNI. 10111 WWW" W Notwithstanding the above, pufohase-s procurement of goods, aPA services, insurance, and construction, shall be made with such competition as is practicable, as determined by the eoupt-y ptffehasing procurement director. Sec. 2-46. When eompetitive negotiation permitted. Methods of Procurement IN. NO FIMMURRMNI. 10111 Notwithstanding the above, pufohase-s procurement of goods, aPA services, insurance, and construction, shall be made with such competition as is practicable, as determined by the eoupt-y ptffehasing procurement director. Sec. 2-46. When eompetitive negotiation permitted. Methods of Procurement IN. NO Mnftftr.�= R 0505:96128.6 All public contracts with nongovernmental sources for the purchase or lease of goods, or for the purchase of services, insurance, or construction, shall be awarded in accordance with Code of Virginia Section 2.2-4303, as amended, unless otherwise authorized or provided for by law. Sec. 2-47. . Cancellation of Bids, Waiver of Informality, Negotiations, and Tie Bids j i , quality,life eyele eesting, value analysis and any ether- er-itefia stteh as inspeetien, testing, evaluating The procrument director may cancel or reject any and all bids or proposals may be eanee le ^r r-ejeete , provided the reasons for such cancellation or rejection are made part of the contract file. The pur-ehasing procurement director may waive any informalities in bids or proposals. If the bid from the lowest responsive and responsible bidder exceeds available funds, the county may negotiate with the apparent low bidder to obtain a contract price within available funds. Such negotiation may include, but is not necessarily limited to, adjustment of the bid price and changes in the bid scope or requirements in order to bring the bid within the amount of available funds. Negotiation shall be conducted by the ptffehasing procurement director with assistance from the user department. In the case of a tie bid, the county may give preference to goods, services, insurance, and construction produced in the county or provided by persons, firms or corporations having principal places of business in the county. If such choice is not available, preference shall then be given to goods and services produced in the state Commonwealth of Virginia pursuant to Code of Virginia, §—Section 1-4-7 2.2-4324. If no county or ate Commonwealth of Vir ig nia preference is available, the tie shall be decided by lot. Sec. 2-48. Competitive negotiation Reserved. 0505:96128.6 4 FA PA . ................. . .. . ........ . .. . ....... ........ . ... . ......... M, MICICITur..". LLLJJ.� r�l v .......... .......... MW . . ... . ........ NMI RIMPTIM.M. . ........... R NIR r M11 mpffl�. t PROMM-9 men "IN. MIN I WV M. wil .�Rmr m Ing 0505:96128.6 MIMI ;ray' IMI w Sec. 2-50. Approval of contracts as to form; filing of copies of contracts. Except for these contracts ei4er-ed "*^ by the eeunt , sehoolb procured by the school board as set forth Sec. 2-41 (b) and approved by legal counsel for the school board, all contracts shall be approved as to form by the county attorney. Sec. 2-51. Withdrawal of bid for public construction contracts due to error; procedures allowed for withdrawal of bids other than construction contracts. (a) A bidder for a public construction contract, other than a contract for construction or maintenance of public highways, may withdraw his bid, and determinations regarding withdrawal of bids will be made by the procurement director, pursuant to the provisions of Code of Virginia Section 2.2-4330, as amended. (e) �b) The county pufehasifig procurement director may establish procedures for the withdrawal of bids for other than construction contracts. Sec. 2-52. Certification of sufficiency of appropriation; compliance with article; liability of department head when article violated. ,Y-�7-F7 fi 0505:96128.6 6 ;ray' (e) �b) The county pufehasifig procurement director may establish procedures for the withdrawal of bids for other than construction contracts. Sec. 2-52. Certification of sufficiency of appropriation; compliance with article; liability of department head when article violated. ,Y-�7-F7 fi 0505:96128.6 6 (a) Except in an emergency, no contract for goods_, services, insurance, or construction shall be awarded unless the unencumbered balance in the appropriation concerned, in excess of all unpaid obligations, is sufficient to pay the cost of such contract. Any purchase of goods_, and services, insurance, or construction which is intentionally made contrary to the provisions of this article or the rules_, and regulations, or procedures made pursuant to this article shall be deemed void and of no effect if in the best interest of the county. The difeet^" of depai4merzt An cy ountyemployee making such willful and improper purchase shall be personally liable for the cost of such purchase and, if the cost has already been paid with county funds, it may be recovered from such employee by p_propriate legal action. (b) The remedies and penalties for entering into contracts in contravention of this article, the Virginia Public Procurement Act (Code of Virginia Sections 2.2-4300, et seg.), or applicable law shall be as provided for by the provisions of the Virginia Public Procurement Act, unless otherwise provided by applicable law. Sec. 2-53. Certification of compliance. All employees wlm—a-re designated by theeatinty administ-ate having official responsibility for procurement transactions shall certify annually for such transactions in which they participated that they have fully complied with the provisions of this article and of Chapter 2, Article 6, of the Virginia Public Procurement Act (Ethics in Public Contracting, Code of Virginia Sections 2.2-4367, et seg.). Sec. 2-54. Applicability of State Law. This article should be read in conjunction with the Virginia Public Procurement Act (Code of Virginia, §§ 2.2-4300 et seg.) to apply to contracts for the procurement of goods, services, insurance, and construction entered into by the county. The provisions of the Vir inia Public Procurement Act shall apply unless specifically modified by provision of this article, or pursuant to the provisions of Section 2-43. (2) That this ordinance shall become effective immediately upon adoption. , `r r 2 0505:96128.6 7 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page I of I 1749 AGENDA Meeting Date: August 23, 2017 Item Number: 12.B.5. Subiect: Request to Quitclaim a Twenty -Foot Temporary Emergency Access Easement Across Lots 15 and 20, and Open Space A, Wynwood at Foxcreek, Section 2 County Administrator's Comments: County Administrator: Board Action Reauested: Authorize the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a 20 -foot temporary emergency access easement across Lots 15 and 20, and Open Space A, Wynwood at Foxcreek, Section 2. Summary of Information: RREF II -TFC Wynwood, LLC, has requested the vacation of a 20 -foot temporary emergency access easement across its property as shown on the attached plat. A new easement has been dedicated. This request has been reviewed by county staff. Approval is recommended. District: matoaca Preparer: John W. Harmon Title: Real Property Manager Attachments: Yes No VICINITY SKETCH Request to Quitclaim a Twenty -Foot Temporary Emergency Access Easement Across Lots 15 and 20, and Open Space A, Wynwood at Foxcreek, Section 2 Chrasterfield County Depadmait Df Utilities 114 17 WYNWOOD AT FOXCREEK SECTION 2 P,B. 226, PG. 99 GOSSAMER DRIVE 61 ' R/W P. B. 226, PG. 99 lotgs PG- 3AFOXCREEKOSECTiav 1 P.B. 226, PC. 59 384.28' TO THE WEST GOSSAMER DRIVE LINE OF STRIDER ROAD, EX 71D 61' R/4i' 7 '- P.B. 226, PG 59 21 22 WYN WOOD AT FOXCREEK SECTON 2 P.B. 226, PG- 99 LINE TABLE Ti ` 14, 20 _ DISTANCE EMPO�iR S4470'26 E EMERGENCY L2 ACCESS 20.02 EASEMENT N44'20;2 --6 -W f428 SQ, PT. o . m� N43`4819 E 20.01' c; 18 19 20 13.23' T7 N43'32'05 E 20.01 T8 N43'32 05"E (DIm Q 1.63' T10 S43'15'50"W 8.99' O T5 T4 OPEN SPACE Ait N T6 17 16 n c �a z lotgs PG- 3AFOXCREEKOSECTiav 1 P.B. 226, PC. 59 384.28' TO THE WEST GOSSAMER DRIVE LINE OF STRIDER ROAD, EX 71D 61' R/4i' 7 '- P.B. 226, PG 59 21 22 WYN WOOD AT FOXCREEK SECTON 2 P.B. 226, PG- 99 LINE TABLE LINE BEARING _ DISTANCE L1 S4470'26 E 221.30' L2 S4375'50 W 20.02 L3 N44'20;2 --6 -W 221.49' L4 N43`4819 E 20.01' OPEN RREF N- 7FC WYNWOOD, LLC E A D.B. 10561, PG348 P.B. 226, PG 99 GPIN 709676857200000 6303 KNOTGRASS ALLEY ".---- P.C. TIE LINE TABLE SME DEVELOPMENT SOLLMONS LINE I BEARING DISTANCE T1 N43'48'19"E 10.87' T2 N4348'19"E 6.17' 13 t4 T3 S43'32'05"W 6.17' T4 S43'32 05"W 20.01 T5 S43'32'05"W 7.64' T6 N43'32'05 E 13.23' T7 N43'32'05 E 20.01 T8 N43'32 05"E 5.42 T9 S4315 50"W 1.63' T10 S43'15'50"W 8.99' �o RREF 11 -TFC WYNWOOD, LLC D.B. 10581, PG346 P.B. 226, PG. 99 GPIN 709676626200000 16721 GOSSAMER DR. 349.17' TO THE WEST **RREF 11-7FC WYNWOOD, LLC LINE OF STRIDER ROAD, D.B. 10581, P0.348 EXT'D P.B. 226, PG 99 GPIN 709676744900000 16636 THORNAPPLE RUN .3676476.527.x' \-L-3.79' 11709757.325 R=1030.49' 7HORNAPPLE RUN 61 ' R/W P. B. 226, PG. 99 il IM J. KE9'CHEM a Uc, -No. 002478 0 30 60 90 COUNTY PROJECT # 10-0042 PLAT S80A'1NG A 20' TEMPORARY EMERGENCY ACCESS EASEMENT ACROSS LOTS 16 &20 AND OPEN SPACE A, WYNNOOD AT FOXCREEK SECTION 2 INKOONTZ-BRYANT, P.C. SME DEVELOPMENT SOLLMONS 1703 N. PARHAM ROAD. SUITE 100 RICHMOND. VIRGINIA 23229 (804)7409200 (804)740-7338 Fax kbpc@kovwJx Lccm , DATE: 04-22-2015 SCALE: 1' - 30' CHKD BY: LJK DRAWN BY: RLF JOB NO: 08146 ffl) CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 23, 2017 Item Number: 12.B.6. Subiect: Approval of Construction Reimbursement Agreement for Construction of Two Pedestrian Tunnels in the Magnolia Green Development, a Part of the Bikeways and Trails Plan County Administrator's Comments: County Administrator: Board Action Reauested: The Board of Supervisors is requested to approve the Construction Reimbursement Agreement with 6801 Woolridge Road -Moseley, LP for construction of two pedestrian tunnels, in the Magnolia Green Development, a part of the Bikeways and Trails Plan. Summary of Information: Moseley, LP ("WRM") at 6801 Woolridge Road, is currently constructing road improvements to Woolridge Road and Magnolia Green Parkway pursuant to proffered zoning conditions related to case No. 89SN0343. When a developer constructs road improvements required by a proffered zoning condition, the Code of Virginia permits the County to expand the scope of the project to include additional public transportation facilities without competitive bidding. Accordingly, the County and WRM have agreed to expand the scope of the planned road improvements to include two pedestrian tunnels that will be a part of the Bikeways and Trails Plan, one traversing underneath Woolridge Road and one traversing underneath Magnolia Green Parkway. The cost of the two tunnels will not exceed $710,000. Upon completion, the tunnels will be accepted into the State secondary road system and be maintained by VDOT. Funding is planned from Parks CIP. Staff recommends approval. Preparer: Dr. James D. Worsley Title: Director Parks and Recreation Preparer: Matt Harris Title: Director, Budget and Management Attachments: F� Yes No #, CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 23, 2017 Item Number: 12.B.7. Subiect: Award of Construction Contract for Dutch Gap/Henricus Relic River Parking and Boardwalk County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to authorize the Director of Purchasing to award and execute a construction contract with Dorin Landscaping, Inc. for Dutch Gap/Henricus Relic River Parking and Boardwalk in the amount of $239,831. Summary of Information: The scope of this project will be new construction of an 8 -space parking area and 150 feet of elevated boardwalk. This will be the initial development of public access to the relic river. The relic river is the old channel, now separated from the main channel of the James River. This swampy area was created during the Civil War, as part of Union forces effort to improve their naval warfare strategies by cutting off the oxbow river route around Farrar's Island [present day Dutch Gap lagoon]and Hatcher Island, to the north. This cutoff is now the main river channel as seen from Henricus, Park. Future steps will develop 800 feet of floating boardwalk and a portage access from relic river to the current James River. This facility will support historical and natural systems, interpretive programming and tourism for the Dutch Gap Conservation Area and Henricus Historical Park. The project is a high priority development recommendation of the 2013 Henricus Historical Park Master Plan and a longstanding element of the 2009 Dutch Gap Master Plan. The project is funded in part from a grant from the National Park Service, Chesapeake Bay Gateways, and Waterways Program. The project is projected to be complete fall 2017. Funding is currently available for the project. Preparer: Dr. James D. Worsley Title: Director, Parks and Recreation Preparer: Matt Harris Title: Director, Budget and Management Attachments: F-1 Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS III 4G E t -&84r - Page 1 of 1 Meeting Date: August 23, 2017 Item Number: 12.B.8. Subiect: Request from the Chester Kiwanis to Serve Alcoholic Beverages During the Veterans Appreciation Event at the County Fairgrounds County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends that the Board grant permission to the Chester Kiwanis to serve alcoholic beverages at the County Fairgrounds during the Veterans Appreciation event to be held October 4, 2017, subject to compliance with the attached conditions. Summary of Information: The Chester Kiwanis have been holding veteran appreciation events for several years. In 2017, the event will focus on Vietnam veterans. Because of an anticipated larger crowd, the Kiwanis asked to move the event to the County Fairgrounds. The event will feature music, recognitions, food and beverages. In order to serve alcoholic beverages on county property, the Kiwanis must obtain the approval of the Board. Preparer: Jeffrey L. Mincks Title: County Attorney 0525:98855.1 (98854.1) Attachments: Yes F-1 No CONDITIONS FOR APPROVAL OF VETERANS EVENT AT CHESTERFIELD COUNTY FAIRGROUNDS 1. The Event shall be conducted on October 4, 2017. The Event shall not begin before 4:00 p.m., and it shall end no later than 8:00 p.m. 2. No alcoholic beverages shall be served at the Event other than beer and wine, and no alcoholic beverages shall be served at any time other than during the hours set forth in Condition One, above. 3. Chester Kiwanis shall provide the Risk Manager with a Certificate of Insurance, in a form approved by the Risk Manager and the County Attorney, and making the County additional insured, with a Commercial General Liability Limit (including Liquor Liability) of $1,000,000 per occurrence. 4. Permit holder shall comply with all County noise ordinances and with all conditions imposed by County employees and representatives to minimize the impact of noise on neighborhoods in the vicinity of the Event. 5. If an ABC permit is required for the event, it shall be obtained at least 14 days prior to the event, and a copy of it shall be provided to the County's Risk Manager at least 10 days prior to the Event. The ABC permit shall be limited to the exact hours approved for the Event by the Board of Supervisors. 6. The terms and conditions of the ABC permit shall be complied with in all respects by both the Chester Kiwanis and all persons attending the Event. 7. Chester Kiwanis shall supply, at its expense, at least one bartender/server for the Event who shall be on duty at all times during the Event and who shall comply with all terms and conditions of the ABC permit for the event, if such a permit is necessary. The bartender shall refrain from drinking any alcoholic beverage while on duty. 8. Failure to comply with any of the aforementioned conditions shall be grounds for revoking the permit. The permit may be revoked by the County Administrator or his designee. 0525:98854.1 C7�'J1 9 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: August 23, 2017 Item Number: 12.B.9. Subiect: Authorize the County Administrator Anthem Blue Cross and Blue Shield Delta Dental of Virginia for 2018 County Administrator's Comments: County Administrator: - Board Action Requested: to Renew a Health Care Contract with and Renew the Dental tare Contract with The Board of Supervisors is requested to authorize the County Administrator to renew the county's contract with Anthem Blue Cross and Blue Shield (Anthem) and renew the contract with Delta Dental of Virginia (Delta) for 2018. Summary of Information: With the technical assistance of Wells Fargo Insurance Services, a national benefits consulting firm, County and Schools staff recently completed renewal negotiations for the 2018 Employee Health and Dental Programs. It is recommended that the County renew both contracts with Anthem and Delta. Under the proposed 2018 Health care program, employees will have the choice of the current Point -of -Service 20 (POS 20) Plan and a High Deductible Health Plan(HDHP) with a Health Savings Account (HSA) . County and Schools staff, along with our health care consultant, determined that by making some modest benefits changes, the renewal increase could be reduced from 9.9 percent to 8.8 percent. The changes include adding a fourth tier to the pharmacy benefit for specialty drugs, with 20 percent coinsurance to a maximum of $250 retail or to $500 for mail order. Preparer: Mary Martin Selby Title: Director, Human Resources Attachments: F-1 Yes No C8ESTERFIELD COILITT BOARD OF SUPERVISORS Page 2 of AGENDA I Summary of Information: (continued) Both the County and employees will see an 8.8 percent increase in their respective share of the total rates for 2018, which still allows the county to remain competitive with the benefit plans of other local government employers in the region. The County will continue to offer three dental plans (basic, comprehensive and a Dental Exclusive Provider Organization "Dental EPO"). The Dental HMO will no longer be administered out of Delta's Virginia office, so the plan offering will be changed to a Dental EPO, which has the same fee-for-service benefits, but offers a more expansive network. There will be no other changes in dental benefits, and because of a rate guarantee negotiated in 2016, there will be no increase in rates for 2018. Members of the Audit and Finance Committee were briefed on health care and dental care matters on June 14, 2017, and staff recommends approval to the Board of Supervisors and the School Board. The School Board passed a similar agenda item at its August 8, 2017 meeting. CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page I of 1 AGENDA ri Meeting Date: August 23, 2017 Item Number: 12.B.10. Subiect: Transfer $4,937 from the Bermuda District Improvement Fund to the Parks and Recreation Department to Purchase and Install a Scoreboard at the Point of Rocks Park Athletic Field County Administrator's Comments: County Administrator; Board Action Requested The Board of Supervisors is requested to" transfer $4,937 from the Bermuda \1 District Improvement Fund to the Parks and Recreation Department to purchase and install a scoreboard at the Point of Rocks athletic field. Summary of Information: Chairman Jaeckle has requested the Board to transfer $4,937 from the Bermuda District Improvement Fund to the Parks and Recreation Department to purchase and install a scoreboard at the Point of Rocks athletic field. This request was originally made by the Scott Athletic Association. While the Board is not permitted to donate public funds to an athletic association, the Board can transfer public funds to the Department of Parks and Recreation to purchase and install a scoreboard since this is a capital improvement to County property. The purchase must be made by the Parks and Recreation Department in accordance with the Virginia Public Procurement Act and. County purchasing policies. Preparer: Matt Harris Title: Director Budget and Management 0425:98844.1 Attachments:Yes —1 No v 'C ' " -21. 2, 0 F -i CHESTERFIELD COUNTY DISTRICT IMPROVEMENT FUNDS APPLICATION This application must be completed and signed before the County can consider a request for funding with District Improvement Funds. Completing and signing this form does not mean that you will receive funding or that the County can legally consider your request. Virginia law places substantial restrictions on the authority of the County to give public funds, such as District Improvement Funds, to private persons or organizations and these restrictions may preclude the County's Board of Supervisors from even considering your request. 1. What is the name of the applicant (person or Scott Athletic Association organization) making this funding request? l SDevelop Z. If an organization is the applicant, what is the well rounded young men and women who nature and purpose of the organization? learn not only the fundamentals of athletics, but also the importance of education, teamwork and (Attach organization's most recent articles of strong character while having a good time along the incorporation and/or bylaws to application.) way. 3. What is the amount of funding you are seeking? $426.-25 4a3,- 4. Describe in detail the funding request and how We are seeking to replace the broken scoreboard at the money, if approved, will be spent. Point of Rocks Park Football Field. till 111111110151P, 5. Is any Chesterfield County Department Involved in the project, event or program for which you Yes are seeking funds? Provide name of other department Parks and Recreation � Yap. st,j,y • .U'.. � .� .* 6. if this request for funding will not fully fund your activity or program, what other Individual Scott Athletic Association o 0 l opo. or organization will provide the remainder of the fundin ? I 7. if the applicant is an organization, answer the following Is the organization a corporation No - corporation Yes - non-profit is the organization non-profit? a� C U is the organization tax-exempt? S. Applicant information: Mailing Address Telephone Number Fax Number E -Mail Address signature of the applicant — if you are signing on behalf of an organization you must be the president, vice-president, chairman/director or vice-chairman. Date Received: .� District: Yes - tax-exempt PQ Box 2013 Chester, VA 23831- address 804-721-7819 -phone 804-796-2930 -fax c.h.faber.cnjvOstateform.com - emoll C.H. Faber, Jr Name of Applicant b ____ President - Title If signing on behalf of organization C. H. Faber, Jr -printed name 08108/2017 - date 6=1 W11:14=14 -V- 4 AGENDA Page 1 of 1 Meeting Date: August 23, 2017 Item Number: 12.13.11. Sub" -t- Acceptance of State Roads County Administrator's Comments: County Administrator: Board Action Requested: Adoption of a resolution for the referenced state roads acceptance. Summary of Information: Clover Hill District: Preparer: Scott B. Smedley Centerpointe Crossing section 2 Attachments: 0 Yes F-1 No Title: Director, Environmental Engineering TO: Board of, Supervisors FROM: Department of Environmental Engineering SUBJECT State Road Acceptance - Centerpointe Crossing Section 2 DISTRICT Glover Hill MEETING DATE: August 23, 20,,17 ROADS FOR CON SIDERATION: FernviewTrail Grey Goose Court Millpointe, Road Water Beech Road Vicinity Map: Centerpointe, Crossing Section 2 -V Vkss PL 2 5 1. OXYGEN DR 2. TITANIUM AVE T Qjy)� 3- N I CKEL LN ROC,4. COBALT AVE 5. PALLADIUM DR -C r VER 8&00KRD 'ONTE PKWY 0 % 0 0 QR de Proawc*d E� cwiarmwa county Gqs CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: August 23, 2017 Item Number: 12.B.12.a. Subject: Conveyance of an Easement to Virginia Electric and Power Company County Administrator's Comments: County Administrator: Board Action Requested: Authorize the Chairman of the Board of Supervisors and the County Administrator to execute an agreement with Virginia Electric and Power Company for a 15 -foot underground easement for service to trailers at Jacobs Road Elementary School. Summary of Information: Staff recommends that the Board of Supervisors and the County Administrator execute an agreement with Virginia Electric and Power Company for a 15 -foot underground easement for service to two new trailers at Jacobs Road Elementary School. This request has been reviewed by county and schools staff, Comcast and Verizon. Approval is recommended. District: Dale Preparer: John W. Harmon Title: Real Property Manager Attachments: Yes No VICINITY SKETCH Conveyance of an Easement to Virginia Electric and Power Company Chesterfield County DepsAtment of Utilities AdNEWM6. I .s ;a a 0 C o , I( , � 0.a -^ l ° Z, lz CENTER LINE OF CABLE TS CENTER ( fi CONVEYANCE ro ? LINE OF EASEMENT i ii OF EASEMENT COUNTY OF CMSTERFMM r n TAX MAF/GPIN#:7576836959 c 9900 JACOBS ROAD N r CBESTERFIkZD, VA 23832 OWNERS RRTIAM: W , t O la o a EXISTING TRANSFORMER RN4I�� i °c JACOBS ROAD 0,2 MILES ( m w O 1 l t4 ( l l i o i l i { m r� { { i { 15 t g Q t4 U i Od { i �p Ei -- m� JACOBS ROAD m 3 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of I J741 - AGENDA Meeting Date: August 23, 2017 Item Number: 12.B.12.b. Subiect: Conveyance of an Easement to Virginia Electric and Power Company County Administrator's Comments: County Administrator: Board Action Requested: Authorize the Chairman of the Board of Supervisors and the County Administrator to execute an agreement with Virginia Electric and Power Company for a 15 -foot underground easement for the Horner Park Trail project at 17901 Genito Road. Summary of Information: Staff recommends that the Board of Supervisors authorize the Chairman of the Board of Supervisors and the County Administrator to execute an agreement with Virginia Electric and Power Company for a 15 -foot underground easement for the Horner Park Trail project at 17701 Genito Road. This request has been reviewed by county staff. Approval is recommended. District: matoaca Preparer: John W. Harmon Title: Real Property Manager Attachments: Yes —1 No F L5 0I1 Conveyance of an Easement to Virginia Electric and Power Company Chesterfield County Department of Utilities t 0 oda \ i \ \ 33' Center line of conductor as installed will establish 1 15 center of easement CONVEYANCE OF m AN EASEMENT 3 t � Owner's Initial's o NOT TO SCALE -----_.--.-- 1 ss' o County of Chesterfield � GPIN 702688673800000 17701 Genito Road x, n i i Plat to Accompany Right--of--Way Agreement VIRGINIA ELECTRIC AND POWER COMPANY doing business as Dominion Vir inia Power UG District Legend Us rJc - owns ip- orough County -City State Chesterfleld VA ---------Location of Boundary Lines of flight—of—Woy Office Plat Number in Width. Midlothian 00-17-0161 --- Indicates Property Line is Right—of—Way s Uma a umber Grid Number Boundary 15' in Width.10137610 L1845 Page 5 of 5 79-ole- 6/10/17 tsy Brandon Miller ,000-132 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page I of 1 AGENDA Meeting Date: August 23, 2017 Item Number: 12.113.13. Subject: Acceptance of a Parcel of Land Along Johnston Willis Drive from NEURO MOB, LLC County Administrator's Comments: County Administrator: Board Action Requested: Accept the conveyance of a parcel of land containing, 0.02 acres along Johnston Willis Drive from NEURO MOB, 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 0.02 acres along Johnston Willis Drive from NEURO MOB, LLC. This dedication is for the development of Johnston Willis Medical Office Building. Approval is recommended. District: Midlothian Preparer: John W. Harmon Title: Real Property Manager Attachments: Yes No # "VICINITY SKETCH Acceptance of a Parcel of Land Along Johnston Willis Drive from NEURO MOB, LIC JX MARK HEAD CT 9. HOMEST D CT 1 -SREDU CT 11- R HON 0 0 ;U 0,. 02 Acre, Dedi ti o C"r iE < TP ti 0 X 1 0% O N Chesterfield County DepadmEnt of Utilities d9IffRb * vU S aoz ACRE 8E DE0IC41EO ` i' `. i-�' N p tAY 3I ZM7 . GRAPHIC SCALE 30 0 15 30 60 -- u' ' Z,uRNprKE xDy,O�'Kx�N , R7 OR AR PLA 160' R� 45 UPN - ( IN FEET ) 1 inch = 30 ft THIS PLAT IS SUBJECT TO ANY EASEMENT OF RECORD AND OTHER PERTINENT FACTS VHICH A TITLE SEARCH NIGHT DISCLOSE. THIS DOES NOT REPRESENT A CURRENT FIELD SURVEY CO. PROJECT# 17-0088 CO. SITE# 17PRO237 PLA T OF 0.02 ACRE OF LAND TO BE DEDICATED, ACROSS THE PROPERTY OF NEURO MOB, LLC, FORMERLY CHIPPENHAM & JOHNSTON— WLLIS HOSPITAL, INC. MIDLOTHAIN DISTRICT CHESTERFIELD COUNTY, VIRGINIA SCALE 1 1' = 30' MAY 25, 2017 Townes 81TE ENG'31NEERING 9850 LORI ROAN, SUITE 201 CHESTERFIELD, VIRGINIA 23832 P14171EK804) 748-9011 FA((, (804) 748-2590 S11R(ICAL ASSOCIATES OF Rl(.iIMOND REAL ESTATE OPIN.• 745709898900000 N 3709710.41 D.B. 7857, A 184 330.03' P.B. 179, P. 61-_ ----"'r 1051 JOHNSTON WLLIS DR N82h2 24 E - 324 96 5.07' ro � b � NEURO MOB, LLC, FORMERLY 1 CHIPPENHAM & JOHNSTON-WLLIS HOSPITAL, INC. is GPIN: 745710308000000 \s D.B. 2866, PG 424 iLA D.B. 1481, PG. 107 N %K 1401 JOHNSTON WILLIS DR 1 1 l O � U 1 aoz ACRE 8E DE0IC41EO ` i' `. i-�' N p tAY 3I ZM7 . GRAPHIC SCALE 30 0 15 30 60 -- u' ' Z,uRNprKE xDy,O�'Kx�N , R7 OR AR PLA 160' R� 45 UPN - ( IN FEET ) 1 inch = 30 ft THIS PLAT IS SUBJECT TO ANY EASEMENT OF RECORD AND OTHER PERTINENT FACTS VHICH A TITLE SEARCH NIGHT DISCLOSE. THIS DOES NOT REPRESENT A CURRENT FIELD SURVEY CO. PROJECT# 17-0088 CO. SITE# 17PRO237 PLA T OF 0.02 ACRE OF LAND TO BE DEDICATED, ACROSS THE PROPERTY OF NEURO MOB, LLC, FORMERLY CHIPPENHAM & JOHNSTON— WLLIS HOSPITAL, INC. MIDLOTHAIN DISTRICT CHESTERFIELD COUNTY, VIRGINIA SCALE 1 1' = 30' MAY 25, 2017 Townes 81TE ENG'31NEERING 9850 LORI ROAN, SUITE 201 CHESTERFIELD, VIRGINIA 23832 P14171EK804) 748-9011 FA((, (804) 748-2590 J74 74 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: August 23, 2017 Item Number: 12.B.14. Subiect: Authorize the Receipt and Appropriation of Grant Funds from the Federal Aviation Administration for Obstruction Removal Design Services for the Chesterfield County Airport County Administrator's Comments: County Administrator: Board Action Requested: Authorize the County Administrator to receive and appropriate $100,935 in grant funds from the Federal Aviation Administration. Summary of Information: The Board of Supervisors is requested to approve the acceptance and appropriation of grant funds from the Federal Aviation Administration (FAA) for obstruction removal design services for the Chesterfield County Airport. On August 15, 2017, the FAA requested approval and acceptance of this grant by no later than September 1, 2017 to ensure that the funds are allocated prior to processing deadlines associated with the closing of the federal fiscal year. With the recent approval of the Airport Environmental Assessment, the next major step toward completion of the runway extension project is the design of required obstruction (tree) removal. These federal funds will cover 90 percent ($100,935) of the design expenses, with Virginia Department of Aviation funds covering 8 percent ($8,972) and local funds covering the remaining 2 percent ($2,243). There is also a 100 percent locally funded component to this project totaling $52,863, to determine actions necessary to Preparer: Clay Bowles Preparer: Matt Harris Attachments: F]Yes 0 No Title: Director of General Services Title: Director of Budget and Managernent CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA ensure that existing, but previously cut, trees that have regrown over time (FAA regulations only allow trees to be cut, not removed) are brought into compliance with FAA requirements. These trees that were previously cut, but now require trimming, are no longer eligible for federal funding assistance. Funding for local match requirements is available and was approved by the Board during the FY17 budget process. CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 3 174 77 AGENDA Meeting Date: August 23, 2017 Item Number: 12.C. Subiect: Approval of Amendments to Agreements and Appropriation for the Baxter Perkinson Center for the Arts County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to appropriate $2.5 million and approve amendments to the development, operating, and lease agreements that primarily address the scope of the project and associated schedule; additional capital funding obligations of the Foundation and the County; operating terms to include use of the facility by the County; operational funding provisions; allocation of construction savings funds; and clarifying terms related to County processes for maintaining the facility. Summary of Information: In August and December 2015, Chesterfield County entered into agreements with the Chesterfield Center for the Arts Foundation to construct and operate a performing arts center, co -located with the Chester Library. During 2016, the construction drawings and specifications for the facility were completed, incorporating design considerations of likely users of the facility. Construction costs were subsequently prepared in December 2016; however, the project scope and associated costs exceeded available funding. The County and Foundation moved to redefine the building plans to reduce the project costs, while preserving a viable project positioned to operate successfully through flexible spaces designed to offer a variety of programmed uses. Preparers Allan M. Carmody Title: Finance Director Attachments: Yes —1 No 0 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 3 AGENDA Summary of Information: (continued) Staff is recommending a series of amendments to the existing agreements, the most significant amendment being described below. A.Development Agreement Amendments 1. Capital Funding i. Staff is recommending an additional $3 million in project funding comprised as follows: 1. County share: $2 million (through bond proceeds as part of an upcoming financing for County projects in the adopted CIP) 2. Foundation share: a.$500,000 capital contribution, and b. $500,000 contribution to be repaid in accordance with the revised lease agreement. 2. Construction Cost Savings i. Specifies cost savings are, in part, to be used to accelerate the Foundation's lease payments to the County. B. Operational Agreement Amendments 1. County access to facility and operating contribution. The amendment sets forth that the County and Schools shall be entitled to use the facility at the Foundation's most favorable rental rates. 2. County operating funding support. The amendment specifies a process for the Foundation to request operating support from the County and establishes an upper limit of $85,000. 3. Clarification of building maintenance processes. Per terms of the existing agreements, the County is responsible for building systems maintenance. Clarifying language in the amendment defines terms and conditions for addressing work orders and providing maintenance services. 4. Responsibilities for building systems replacements. The amendment clarifies the County's original intent to replace outdated building systems, therefore not obligating Foundation to this responsibility. C. Lease Amendments 1. Language addresses new terms and conditions associated with the Foundation making lease payments to repay the County for $500,000 of the Foundation's $2.1 million capital contribution. CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 3 of 3 AGENDA Summary of Information: (continued) Other amendments address operating reserve requirements of the Foundation, reporting requirements, and scheduling of custodial and maintenance activities. Amended agreements are attached to the item. Staff recommends the Board appropriate $2.5 million in bond proceeds to the arts center project. The $2.5 million allows the County to fund the County's $2 million share of the cost increase, and $500,000 of the Foundation's share of the cost, the latter to be repaid to the County, by the Foundation, in the form of lease payments in accordance with the amended lease agreement. The $500,000 cash contribution from the Foundation does not have to be appropriated as the Foundation will transfer their funds directly to the Economic Development Authority in accordance with the schedule in the agreements. The Foundation board and the Economic Development Authority are expected to act on the amendments prior to the Board of Supervisors meeting. Staff recommends the Board of Supervisors approve the action provided the amendments have been approved by the Foundation and the EDA. The proposed schedule anticipates a four-month design process, followed by building permitting and pricing, with award of a construction contract anticipated in February/March 2018. The project is anticipated to be complete in Fall 2019. Staff recommends authorizing the County Administrator to execute amended agreements that are substantially in accordance with the material terms contained in the form of the attached agreements. 8/15/2017 Partnership Makes Approved Arts Center Possible Facility brings long-awaited new community amenity tD Chesterfield Largest private capital contribution via Public - Private Private non-profit operator Specialized facility implemented under alternative delivery method 0 Operational Success Reliant on a Variety of Flexible •. 350 seat community theatre Multi-purpose room Classroom and Gallery Space 8/15/2017 Project initially envisioned at $14M (2004 referendum) 50/50 split with private funds Recession impacted schedule Amended to $8.5M project in FY2016 - Private capital funding obligation replaced with private operating responsibility Proposed $11.6M project in FY2018 Requesting $3M in additional funding - $1M from the Arts Foundation; $2M County , Recognize potential future County operating support 7, N 8/15/2017 Activities Ahead of Fall 2019 Opening Foundation Board and EDA Actions on Amended Agreements ,:k Actions scheduled prior to Board of Supervisors Finalize Design September through December Followed by owner/ permit reviews and pricing Construction/Furnishing Phase Award contract February/March 2018 Followed by furnishing and equipping Operational Fall 2019 3 DRAFT 8/14/17 AMENDED AND RESTATED DEVELOPMENT, ACQUISITION AND FINANCING AGREEMENT This Amended and Restated Development, Acquisition and Financing Agreement (the "Agreement") is made and entered into this day of , 241-52017, by and between the Economic Development Authority of the County of Chesterfield, a political subdivision of the Commonwealth of Virginia (the "EDA"), the County of Chesterfield, Virginia (the "County"), a political subdivision of the Commonwealth of Virginia and the Chesterfield Center for the Arts Foundation (the "Foundation"). STATEMENT OF PURPOSE The Chesterfield Center for the Arts (the "Arts Center"), has been in the planning stages for a number of years. The County included the Arts Center among the projects authorized to be funded by general obligation bonds approved at referendum in November 2004. The bond referendum, however, assumed that the County's contribution would be matching funds with those derived from private fundraising efforts. The private fundraising efforts have been successful but such efforts have taken longer than originally projected. The bond referendum approval from 2004 expired on November 2, 2014. With this funding source no longer available, the County desires to develop a mechanism for developing and funding the Arts Center through a public/private development arrangement that utilizes the powers of the EDA. The Foundation desires to assist the County in this effort by contributing funds raised by it to the cost of the Arts Center and by agreeing to operate and maintain the Arts Center and, ultimately, to assume ownership of the Arts Center. This Agr-eement sets forth the tefms and eonditions undef whieh the l2affies hereto will develop and aequife the Afts rester A Development Acquisition and Financing Agreement was entered into by and among the parties on August 21 2015 setting forth the terms and conditions under which the Parties hereto will develop and acquire the Arts Center ("Original Agreement"). Since the Originalgreement was entered into the scope and cost of the project has increased, and the respective commitments made by the parties have changed necessitating amendments to the Original Agreement. In particular, the amendments account for the need for additional funding from the Foundation and the County and the County's obligation to share in the operating; costs of the Arts Center. The parties have now modified the terms of their agreement and wish to enter into this Amended and Restated Development, Acquisition and Financing Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto hereby agree as follows: 4-3 DRAFT 8/11/17 ARTICLE I DEFINED TERMS In addition to other terms defined in the body of this Agreement, for purposes of this Agreement, each of the following capitalized terms shall have the meaning set forth below: "Act" shall mean the Industrial Development and Revenue Bond Act, Chapter 51, Title 15.2 of the Code of Virginia of 1950, as amended. "Actual Cost" shall mean the costs with respect to the Arts Center related to the applicable line items on the Budget adjusted by amounts relating to change orders described in Section 3.6, it being acknowledged by the Parties that such Actual Cost may be less or greater than the corresponding Budgeted Cost, which costs include: (i) costs for acquisition, development, construction and equipping the Arts Center and all related utilities, improvements, structures, rights, rights-of-way, franchises, easements, licenses, interests and other real or personal property acquired or to be acquired by or on behalf of the EDA; (ii) deposits, charges and fees payable to bonding companies or sureties with respect to payment or performance bonds required by governmental authorities; (iii) costs for architectural, design, engineering, environmental, financial, legal and other consultant services; and surveys; (iv) costs for plans, specifications, construction drawings, studies, permitting (v) administrative expenses; and (vi) other expenses as may be necessary or incident to the acquisition, construction, equipping and financing of the Arts Center. "Advisory Committee" is defined in Section 2.4. "A&E Costs" are defined in Section 2.3(a). "Agreement" is defined in the introductory paragraph hereof. "Applicable Law" shall mean any applicable constitution, treaty, statute, rule, regulation, ordinance, order, directive, code, building code and ordinances, interpretation, judgment, decree, injunction, writ, determination, award, permit, license, authorization, requirement or decision of, or agreement with, or by, Governmental Authorities. "Architect" shall mean the architect or firm of architects selected by the EDA to provide architectural services with respect to the Arts Center. 4-3 DRAFT 8/11/17 "Arts Center" shall mean the improvements to be built within or serving the Property and financed in part by the EDA through the issuance of the Bonds, all as more generally described on Exhibit A attached hereto and incorporated herein by reference. "Available Moneys" shall mean moneys that have been derived from proceeds of the Bonds, from Foundation Funds and from County Funds. "Bonds" shall mean revenue bonds or notes issued by the EDA with respect to the financing of the construction and acquisition of the Arts Center. "Budget" is defined in Section 3.1. "Budgeted Cost" shall mean the total anticipated development and construction cost for the Public Improvements or component thereof as shown on the Budget. "Business Day" shall mean a day of the year that is not a Saturday, Sunday, legal holiday "Ceiling Amount" shall mean $6,899,800. "Construction Documents" shall have the meaning attributable to such term in Section 3.2 hereof. "Consulting Architect or Engineer" shall mean the architect or engineer or firm of eineersdesign professionals selected by the EDA to provide consulting and inspection services with respect to the Arts Center. "County Funds" shall mean the money that the County has agreed to fund with respect to the acquisition, development, construction and equipping of the Arts Center and payable under the terms of the Support Agreement. "Force Majeure" shall mean labor disputes not due to a breach of an applicable collective bargaining agreement, a fire, earthquake, flood or similar casualty loss, adverse weather conditions that cannot reasonably be anticipated, construction material shortages due to market unavailability, acts of God, war, national emergency, civil disturbance or disobedience, riot, sabotage, terrorism, threats of sabotage or terrorism, restraint by court order or order of Governmental Authority, and similar occurrence beyond the reasonable control of the party claiming the occurrence of a Force Majeure that make compliance with any Person's material obligations under this Agreement in a timely manner impracticable or impossible and which, in any event, are not foreseeable or a result of the acts or omissions of, or in the control of, the party claiming Force Majeure. "Foundation Funds" is defined in Section 2.3(a). "Governmental Authorities" shall mean any and all jurisdictions, entities, courts, boards, agencies, commissions, authorities, offices, divisions, subdivisions, departments or bodies of any nature whatsoever or any governmental unit (federal, state, county, municipality or otherwise) whether now or hereafter in existence. 4-3, 3 DRAFr 8/11/17 "MOU" shall mean that certain Memorandum of Understanding dated as of November 19, 2014,.among the EDA, the County and the Foundation. "Parties" shall mean the Parties to this Agreement and "Party" in the singular shall mean any one of the Parties hereto as the context requires. "Person" shall mean any natural person, firm, partnership, association, corporation, limited liability company, trust, entity, public body, authority, governmental unit or other entity, or the successor or assigns of any such natural person, firm, partnership, association, corporation, limited liability company, trust, entity, public body, authority, governmental unit or other entity, as applicable. "Project Manager" shall mean a County employee designated by the EDA who is responsible for management of the project scope and budget, project progress and miscellaneous reporting. "Project Site" shall mean that certain approximately 4.2 acre parcel of real property located in Chesterfield County, Virginia more particularly described on Exhibit B attached hereto and incorporated herein by reference. "Requisition" is defined in Section 3.4. "Requisition Amount" is defined in Section 3.4. "Support Agreement" means that certain Support Agreement of eve date herewithdated December 1 2015 by and between the County and the EDA as same is amended from time to time, and which is incorporated herein by reference. In addition to the foregoing, certain other defined terms used in this Agreement will be defined in the context of their first use. Any references in this Agreement to a specific statute contained in the Code of Virginia shall be deemed to include such statute as subsequently amended from time to time hereafter. ARTICLE II UNDERTAKING, FINANCING AND OPERATION OF THE ARTS CENTER Section 2.1. Obligations of the EDA. (a) Construction of the Arts Center. The EDA will construct the Arts Center, and will use its best efforts to commence construction within eleve i444) six 6 months of the effective date of this Agreement, or as soon thereafter as is practicable, and to complete construction within fourteen (14) months or as soon as is practicable, all in accordance with the provisions of Article III. (b) Funding of Construction. The EDA will finance the cost of constructing the Arts Center through (i) the issuance of bonds in an amount up to the Ceiling Amount and (ii) monies it receives that constitute Foundation Funds and County Funds. The EDA will have no obligation 4-3 DRAFT 8/11117 to contribute any monies to the construction of the Arts Center except as expressly described in this paragraph (b). (c) Operation of the Arts Center. After completion of the construction, the EDA will cause the Arts Center to be operated for its intended purpose through a lease and/or operation agreement with the Foundation. To the extent the Foundation is unable or unwilling to enter into a lease or operation agreement consistent with the terms of this Agreement, the EDA may enter into a lease or operating agreement with another entity selected by the EDA and the County as they shall determine to be in the best interests of the Arts Center and the public. (d) Restrictions on Alienation of the Project Site. Subject to, and other than, any security interest that may be granted by the EDA in connection with securing financing or refinancing of the Arts Center, and other than the Project Lease, the EDA' shall not grant or convey the Project Site, or any portion of it, without the prior written approval of the County. Section 2.2. Obligations of the County. (a) Providing a Portion of the Project Site. The County will convey by ground lease at no charge to the EDA the land that will comprise the majority of the site for the Arts Center, as more particularly described in Exhibit B. The conveyance will be sufficient in scope and time to permit the EDA to meet its obligations hereunder, all as the EDA and the County may determine in their discretion to be in the best interest of the Arts Center and the public. The County also agrees to enter into such other easements or agreements as shall be necessary or desirable to ensure the Arts Center has ingress and egress to the Project Site. (b) Financial Assistance. The County agrees to transfer money to, or for the benefit of, the EDA in amounts sufficient to enable the EDA to meet its obligations under this Agreement including amounts sufficient to pay when due the principal of and interest on the Bonds as set forth on the payment schedule attached hereto as Exhibit C, plus any applicable premium associated with the optional redemption of the Bonds made at the request of the County. Exhibit C shall initially reflect the payment provisions of the Bonds upon their initial issuance and shall be amended upon advances of additional principal on the Bonds or upon the issuance of additional Bonds, in each case to reflect the payment provisions on the then outstanding principal amount thereof. The obligations of the County pursuant to this Section 2.2(b) shall be set forth in, and subject to the limitations of, the Support Agreement. (c) Development and Construction Assistance. Because the EDA does not maintain a staff with the experience and qualifications to administer the development and construction of the Arts Center, the County agrees to provide staff resources and support sufficient in skill and experience to enable the EDA to meet its obligations hereunder. Staff to be provided by the County shall include an individual designated by the County, with the concurrence of the EDA, as the "Project Manager." The Project Manager will have overall responsibility for the development and construction of the Arts Center. At least quarterly, the Project Manager will provide progress reports to the EDA and the Foundation concerning, among other matters, the status of design development and construction documentation, the status of the award of a construction contract prior to the award of any such contract and the status of construction activity. 4-3 5 DRAFT 8/11/17 Section 2.3. Obligations of the Foundation. (a) The Foundation will contribute not less than $4-2,100,000.00 in cash, or in-kind contributions as approved by the County, to the costs of the Arts Center (the "Foundation's Funds"). _The EDA's obligation to enter into a construction contract and commence construction of the Arts Center shall be contingent upon the Foundation «�ilnozzl—deliverdelivering, or demenstr-atedemonstrating to the satisfaction of the County its ability to deliver, the Foundation's Funds not later than commeneement of construction of the n 4s Gente,..six (6) months from the effective date of this Agreement. The Foundation's Funds will be payable when and as neees Hyin accordance with Section 3.4 and in an amount equal to one eighth of the ftfflds the EDA will de. i I f;,,,.,., eithef r,,A efpursuant to a payment schedule agreed to by the pfoeeeds of the Bend ap rties and County Fu attached as Exhibit . The Foundation's Funds will be applied to the costs of the construction and equipping of the Arts Center and not to the payment of architectural and engineering costs for the Arts Center ("A&E Costs"). In the event the Foundation's Funds are insufficient in time or amount to pay the Foundation's share of such construction costs and construction of the Arts Center does not occur, the Foundation will reimburse the EDA (or the County if the County advances County Funds for such purpose prior to the EDA's financing) in an amount equal to one-eighththe Foundation's proportionate share of the total Budget for constructingand nd equipping the facility multiplied by the A&E Costs incurred by the EDA. (b) Providing a Portion of the Project t Site. The Foundation will convey, or cause to be conveyed, at no charge to the EDA and the County, the portion of the land that will comprise the remainder of the Project Site for the Arts Center, as more particularly described in Exhibit B. (c) Lease and Operation of the Arts Center. The Foundation agrees to lease the Arts Center from the EDA. The lease will be for a term of 20 years and will automatically renew for two successive ten year terms unless otherwise terminated by either party, commencing on the first day of the first month following the substantial completion of construction of the Arts Center, all in accordance with a lease in form and substance satisfactory to the parties hereto. The Foundation further agrees to operate the Arts Center in a manner consistent with top-quality performance venues of a similar size and located in a similar market in accordance with the terms of an operation agreement in form and substance satisfactory to the parties hereto. The County agrees that the Foundation may, at its option, pay up to $500,000 of the $2,100,000 Foundations Funds in the form of monthly rental payments to the EDA under the initial 20 -year term of the lease. If the Foundation opts to pay $500,000 over 20 years, the terms and conditions shall be agreed to by the County and the EDA and shall be as defined in the Lease Agreement. The EDA will transfer all rental payments to the County pon receipt. Section 2.4. Arts Center Advisory Committee. The Parties agree that the development and construction of the Arts Center will benefit from an advisory committee consisting of representatives of the County and the Foundation (the "Advisory Committee") to provide advice and support in the planning and design of the Arts Center and to support the Project Manager, as desirable, in the construction and equipping of the Arts Center and readying it for service commencement. Such an Advisory Committee is hereby created and its members shall be the following: Deputy County Administrator for Hum Management Services 4-3. 6 DRAFT / /" Finance Director of Budget and Management ent Chairman, Chesterfield Center for the Arts Foundation Section 2.5. Other Assigned Roles. The Parties agree that Foundation member appointments be made to fill the followingroles: oles: (a) Liaison to the County Project Manager for design period coordination (b) Liaison to the County Project Manager for construction period coordination (c) Liaison to the County for administration of the Development and Operation agreements and the Lease ARTICLE III CONSTRUCTION AND EQUIPPING OF THE ARTS CENTER Section 3.1. Budget. Attached hereto as Exhibit D is a budget (as modified from time to time pursuant to the provisions hereof, the `Budget") that adequately reflects the costs expected to be incurred in the development and construction and equipping of the Arts Center. Any changes to the Budget will require the approval of the County in accordance with the procedure set forth in Section 3.5(a) hereof. The EDA, acting through the Project Manager, will have the right to reallocate line item costs as set forth in Section 3.5(b) hereof. Section 3.2. Development of Construction Documents. The Parties acknowledge that the EDA will employ the Architect and the Consulting Engineer and develop all construction plans and specifications (the "Construction Documents") necessary for the construction of the Arts Center. The selections of the Architect and Consulting Engineer shall be at the discretion of the EDA, in consultation with the County and the Advisory Committee. The Parties also acknowledge that the EDA will designate a Project Manager to facilitate all the steps necessary to develop "Construction Documents". The Project Manager will have authority to make decisions and ensure that Construction Documents are consistent with the approved project scope and the project is delivered within the anticipated project timeline. Section 3.3. Construction and Equipping. (a) Duties of EDA. The Arts Center shall be constructed and equipped by or at the direction of the EDA in accordance with the Construction Documents and this Agreement. The EDA shall cause a reputable and experienced general contractor or general contractors selected by the EDA utilizing a prequalified competitive bid process, and approved by the County, to commence and thereafter complete construction of the Arts Center in a good workman -like and commercially reasonable manner in compliance with all Applicable Laws. The EDA, acting through the Project Manager, shall monitor such work and such contractors compliance with the construction contracts, the Construction Documents, the Budget, and all Applicable Laws with the standard of diligence and care normally employed by duly qualified persons utilizing their customary efforts in performance of comparable work and in accordance with generally accepted practices appropriate to the activities undertaken. The EDA shall from time to time (but no less g+, M1 RAFT /1 / 7 frequently than quarterly) report on the status of construction as well as the general contractor's compliance with the matters listed in the preceding sentence to the Foundation and the County. (b) No Obligations if Foundation Funds Are Not Available. Notwithstanding anything herein to the contrary, the EDA and the County shall not be required to perform their respective obligations hereunder if the Foundation's Funds are not available at the commencement of construction of the Arts Center. Section 3.4. Payment of Construction and Equipment. As and when fe ire for- the pefformance of the constfuetion work and the aequisition and installation of equipment, but not more ftequently than monthly, the EDA shall prepare and submit to the Foundation a request f6i: aayment (ea^'�equisition) eh sh allThe Foundation shall make a one-time payment of $300,000 to the EDA within 30 days of execution of this agreement and upon receipt of a requisition from the EDA and thereafter in accordance with the Requisition payment schedule attached as Exhibit . The Foundation shall make payment of a Requisition within fifteen (15) Business Days after its receipt of the same. (i) set f fthln the amounts and r s r^,. which the amount requested (the "Requisition Amount") is to be tttilize4-, set forth a eei4i fie ,tio from the EDA -event that all sufflis ,.ilide a i th-e the Actual Costs of constructing and equipping the Arts Center are either (A) due and payable fof work and sefviees per-f4med and equipmeni acquired and ifistalled Of p.—Ously expended by the EPA for sueh wark, ser-viees and equipment ptifehases and, in I v 1. t� that stteh amounI is to be, of was, 1 tilized solely to pay eonstfuetion expenditures in ,,,,milli nee <, it less than the Budget (taking into a nt the flexibility provided to the EDA to the County and Foundation. (i) _T4w— will share in the savings up to $3 million with one-third of such savings allocated to the Foundation and two-thirds allocated to the County; for savings in excess of $3 million, the County and the Foundation will share in the savings in proportion to the respective level of funding provided. However, in either event, 50 percent of such savings of the Foundation shall makefirst be applied to accelerating payment of a Requisition ..>ithi, five (5) Business Days aftef its receipt of the wee. the Foundation's rent obligation. (ii) In the event that the Actual Costs of constructingand nd equipping the Arts Center are greater than the Budget, the County and Foundation agree to a) for cost increases, the County and Foundation will share in the increases in proportion to the respective level of funding provided, however, the Foundation's share of such cost increases shall be limited to $75,000; and b) for cost increases arising from requests of the Foundation beyond the final construction drawings and specifications, the Foundation will pay 100 percent of the increased costs. Section 3.5. EDA's Rights to Shift Costs under the Budget and Approve Change Orders. 4-3 8 "DRAFT 111117 (a) Change Orders. The EDA, acting through the Project Manager, shall have the right to make change orders to the Construction Documents, subject to the following provisions: (i) Change Orders Initiated Per Governmental Requirements. Change orders required by Governmental Authorities may be made by the Project Manager without the approval of the County. The County shall have the right to review and comment upon any such change order prior to execution thereof. (ii) Project Manager Initiated Change Orders. The Project Manager may initiate change orders to accelerate the construction schedule or to solve problems of availability of materials or for upgrades to the Arts Center from the Construction Documents. Subject to Section 3.5(b) below, no deductive change order (that is, one that reduces the cost of work to be performed under a specific line item in the Budget from the amount shown on the Budget) may be made without advising the County and the Foundation (which may occur through notice to the Advisory Committee), and no additive change order (that is, one that increases the cost of work to be performed under a specific line item in the Budget from the amount shown on the Budget), which at the time made would exceed the amount remaining unspent in the line item set forth in the Budget as "Contingency," will be made without the County's prior written approval which approval shall be in the County's reasonable discretion. (b) Cost Shifting Not Involving Change Orders. The Project Manager may shift unspent funds from any line item in the Budget, after completion of the work covered by the relevant line item to the line item in the budget entitled "Contingency;" provided that the EDA notify the County of such shift and demonstrates to the reasonable satisfaction of the County that all work associated with the applicable line item have been completed and fully paid. The EDA may expend funds from the Contingency Line item of the Budget on any component of the Budget in which the amount allocated in the line item for such component is less than the actual cost of the work or materials or both with respect to such component without the prior written consent of the County. ARTICLE IV REPRESENTATIONS AND WARRANTIES Section 4.1. Representations and Warranties of Parties. Each of the EDA, the County and the Foundation represents and warrants for itself and for the benefit of the other Parties that: (a) The Party is duly organized and validly existing under the laws of the Commonwealth of Virginia. (b) This Agreement has been duly authorized, executed and delivered by the Party and constitutes the legal, valid and binding obligation of such Party. (c) The Party is authorized to enter into this Agreement and deliver and perform all of its obligations under this Agreement. (d) No consent or approval of any third party is required to execute and deliver this Agreement. 44. 9 (e) The person signing this Agreement on the Party's behalf has been duly authorized to sign and deliver this Agreement on its behalf. (f) Neither the execution and delivery of this Agreement nor the performance of the Party's obligations hereunder shall (i) violate any statute, rule, judgment, order, decree, stipulation, injunction, charge or other restriction of any governmental authority or any provision of any of its governing document, or (ii) conflict with, result in a breach of, or constitute a default under, any contract, indenture, mortgage, instrument of indebtedness or other agreement to which it is party or by which it or its assets are bound, which conflict, breach, or default could reasonably be expected to have a material adverse effect on its ability to perform its obligations hereunder. (g) This Agreement has been duly authorized, executed and delivered by the Party and constitutes the legal, valid and binding obligation of such Party. (h) To its actual knowledge, there is no litigation, governmental proceeding or investigation pending or threatened against the Party which would have a material adverse effect on the Party's ability to fulfill its obligations under this Agreement. ARTICLE V DEFAULTS AND REMEDIES Section 5.1. Defaults. The following events (each a "County Default") shall constitute a default by the County hereunder: (a) The County shall fail to observe or perform any material term or covenant of this Agreement and such default or failure shall continue for a period of ninety (90) days after written notice thereof has been given to the County by other Parties specifying in reasonable detail the nature of the breach and the action required to cure; or (b) Any representation or warranty made by the County as set forth in this Agreement or any other document entered into in connection herewith shall be false or inaccurate in any material way. Notwithstanding any provision to the contrary, failure of the County Board of Supervisors to appropriate annually sufficient funds to fulfil the County's obligations hereunder shall not be considered a default by the County. In the event a County Default shall occur, and the County shall fail to cure such default within ninety (90) days after written notice thereof, or if such Event of Default is of the nature that it cannot be cured within ninety (90) days and the County has not commenced efforts to cure the same, then, in such event, the other Parties may exercise such rights and remedies as shall be available at law or in equity (other than any right to consequential damages or lost profits). Section 5.2. EDA Defaults. The following events (each a "EDA Default") shall constitute a default by the EDA under this Agreement: (a) The EDA shall fail to observe or perform any material term or covenant of this Agreement and such default or failure either is not cured within the applicable grace period, or 4-3 10 DRAFr 8/1.1/17 shall continue for a period of ninety (90) days after written notice thereof has been given to the EDA by the other Parties specifying in reasonable detail the nature of the breach and the action required to cure; or (b) Any representation or warranty made by the EDA as set forth in this Agreement shall be false or inaccurate in any material way. In the event a EDA Default shall occur, and the EDA shall fail to cure such default within ninety (90) days after written notice thereof, or if such Event of Default is of the nature that it cannot be cured within ninety (90) days and the EDA has not commenced efforts to cure the same then, in such event, the other Parties may exercise such rights and remedies available at law or in equity (other than any right to consequential damages or lost profits). Section 5.3. Foundation Defaults. The following events (each a "Foundation Default") shall constitute a default by the Foundation under this Agreement: (a) The Foundation shall fail to observe or perform any material term or covenant of this Agreement and such default or failure either is not cured within the applicable grace period, or shall continue for a period of ninety (90) days after written notice thereof has been given to the Foundation by the other Parties specifying in reasonable detail the nature of the breach and the action required to cure; or (b) Any representation or warranty made by the Foundation as set forth in this Agreement shall be false or inaccurate in any material way. In the event a Foundation Default shall occur, and the Foundation shall fail to cure such default within ninety (90) days after written notice thereof, or if such Event,of Default is of the nature that it cannot be cured within ninety (90) days and the Foundation has not commenced efforts to cure the same then, in such event, the other Parties may exercise such rights and remedies available at law or in equity (other than any right to consequential damages or lost profits). ARTICLE VI INDEMNIFICATION Section 6.1. Indemnification. The Foundation shall and hereby agrees to indemnify and save each of the EDA and the County harmless against and from all claims by or on behalf of any person, firm, corporation or other legal entity arising from the conduct or management of, or from any work or thing done on, the Arts Center, including without limitation, (i) any condition of the Arts Center, (ii) any breach or default on the part of the Foundation in the performance of any of its obligations under this Agreement, (iii) any act or negligence of the Foundation or of any of its agents, contractors, servants, employees or licensees or (iv) any act or negligence of any assignee or lessee of the Foundation, or of any agents, contractors, servants, employees or licensees of any assignee or lessee of the Foundation. The Foundation shall indemnify and save the EDA and the County harmless from any such claims arising as aforesaid, or in connection with any action or proceeding brought thereon, and upon notice from the EDA or the County, the Foundation shall defend them or either of them in any such action or proceeding. Notwithstanding the foregoing provisions, the Foundation shall not be required to indemnify either the EDA or the County for its gross negligence, willful misconduct or material misrepresentation. 4-3- 11 FT 8/11/17 ARTICLE VII MISCELLANEOUS Section 7.1. Limited Liability of EDA. The County and the Foundation agree that any and all obligations of the EDA arising out of or related to this Agreement are special obligations of the EDA, and the ERA's obligations to make any payments hereunder are restricted entirely to the Available Moneys, if any, the EDA receives and from no other source. No member of the EDA shall incur any liability, hereunder to the County and the Foundation or any other party in their individual capacities by reason of their actions hereunder or execution hereof. Section 7.2. Notices. Any notice, consent or other communication required or contemplated by this Agreement shall be in writing, and shall be delivered in person, by certified mail (return receipt requested), by reputable overnight carrier, by electronic mail or by telefax, to the intended recipient at the addresses set forth below or such other address as the addressee advise the other Parties of in a written notice sent in accordance with the provisions of this Section: EDA: Economic Development Authority of the County of Chesterfield 9401 Courthouse Road, Suite B Chesterfield, Virginia 23832 Attention: Chairman Facsimile Number: (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 FOUNDATION: Chesterfield Center for the Arts Foundation P.O. Box 3296 Chester, Virginia Attention: Hugh Cline, Chairman Facsimile Number: (804) 320-7766 COUNTY: County of Chesterfield, Virginia P.O. Box 40 Chesterfield, Virginia 23832 Attention: james j. T Ste male -Dr. Joseph P. Casey, County Administrator Facsimile Number: (804) 717-6297 with a copy to: Office of County Attorney P.O. Box 40 Chesterfield, Virginia 23832 Attention: Jeffrey L. Mincks Facsimile Number: (804) 7'��T706-2615 43 12 DRAFT 8/14/17 Notice shall be effective upon the date of receipt by the intended recipient; provided that any notice which is sent by telefax or electronic mail shall also be simultaneously sent by mail deposited with the U.S. Postal Service, certified mail (return receipt requested), by personal delivery, or by reputable national overnight courier. Section 7.3. Successor and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. This Agreement shall not be assigned by the Foundation without the prior written consent of the EDA or the County, which consent shall not be unreasonably withheld or delayed. In connection with any such consent, either the County or the EDA, however, may condition its consent upon the acceptability of the financial condition of the proposed assignee, upon the assignee's express assumption of all obligations of the Foundation hereunder, as applicable, and/or upon any other reasonable factor which the either the County or the EDA deems relevant in the circumstances. In any event, any such assignment shall be in writing, shall clearly identify the scope of the rights and/or obligations assigned and shall not be effective until approved by the EDA and the County, and, unless the EDA and the County shall expressly agree, shall not relieve the assignor of any of its obligations hereunder. The EDA may assign by a separate writing its rights hereunder with the approval of the County and the Foundation hereby consents to such assignment. Section 7.4. Amendments and Modifications. Neither this Agreement nor any provision hereof may be amended, waived, discharged or terminated except by an instrument in writing signed by all of the Parties hereto such instrument in writing not to be unreasonably withheld or delayed by any Party. Section 7.5. Entire Agreement. This Agreement shall constitute the entire agreement among the Parties pertaining to the subject matter hereof and shall supersede all prior agreements and all other understandings, negotiations and discussions, whether oral or written, of the Parties, and there shall be no warranties, representations or other agreements among the Parties in connection with the subject matter hereof except as specifically set forth in this Agreement. Section 7.6. Force Majeure. Except as otherwise herein expressly provided, if a Party shall be delayed or hindered in, or prevented from, the performance of any covenant or obligation hereunder, as a result of any Force Majeure, and, provided that the Party delayed, hindered or prevented from performing notifies the other party both of the commencement and of the expiration of such delay, hindrance or prevention, (each notice being required within ten (10) Business Days of the respective event), then the performance of such covenant or obligation shall be excused for the period of such delay, hindrance or prevention and the period for the performance of such covenant or obligation shall be extended by the number of days equivalent to the number of days of the impact of such delay, hindrance or prevention. Failure to so provide the foregoing notice will result in waivers of both excuse in performance and extension of time to perform under this Section 7.6 with respect to any such delay, hindrance or prevention. Section 7.7. Headings. The headings in this Agreement are for convenience of reference only and shall not limit or otherwise affect the meaning hereof. 13 Section 7.8. Counterparts. This Agreement may be executed in any number of counterparts and by different Parties hereto in separate counterparts, each of which when so executed shall be an original, but all of which shall together constitute one (1) and the same instrument. Section 7.9. Governing Law and Venue. THIS AGREEMENT SHALL BE GOVERNED BY, CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF VIRGINIA WITHOUT REFERENCE TO THE CONFLICTS OR CHOICE OF LAW PRINCIPLES THEREOF. THE PARTIES AGREE THAT THE EXCLUSIVE VENUE FOR ANY ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE IN THE COURTS OF THE COUNTY OF CHESTERFIELD, VIRGINIA. Section 7.10. Third Party Beneficiaries. This Agreement is solely for the benefit of the Parties and their successors and assigns permitted under this Agreement. Except as otherwise specifically provided herein, no provision of this Agreement shall be deemed to confer upon any other Person any remedy, claim, liability, reimbursement, cause of action or right. Section 7.11. Interpretation. Each of the Parties has agreed to the use of the particular language of the provisions of this Agreement and any questions of doubtful interpretation shall not be resolved by any rule or interpretation against the drafters, but rather in accordance with the fair meaning thereof, having due regard to the benefits and rights intended to be conferred upon the Parties hereto and the limitations and restrictions upon such rights and benefits intended to be provided. Section 7.12. Severability. If any article, section, subsection, term or provision of this Agreement or the application of the same to any party or circumstances shall, to any extent, be invalid or unenforceable, the remainder of the article, section, subsection, term or provision of this Agreement or the application of the same to the Parties or circumstances other than those to which it is held invalid or enforceable shall not be affected thereby and each remaining article, section, subsection, term or provision of this Agreement shall be valid and enforceable to the fullest extent as permitted by law. [SIGNATURE PAGES FOLLOW] 44 14 DRAFT 8/1111.7 ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD By:_ Name: Title: Chair COUNTY: COUNTY OF CHESTERFIELD, VIRGINIA By:_ Name: Title: FOUNDATION: CHESTERFIELD CENTER FOR THE ARTS FOUNDATION By:_ Name: Title: [Signature Page to Development, Acquisition and Financing Agreement] DRAFT 8/11 /17 DESCRIPTION OF ARTS CENTER The Arts Center will be a building consisting of approximately 18,50821_,800 square feet. The building will be a two-story structure consisting of, among other spaces, a theater, multipurpose r-oomsroom, class room,gallery, and display areas. A-1 PROJECT SITE 4225 03 0242 034 64 11641 3 6919 3 5517 305 060 3243 2009 0 11619 7202 0 I 80f), 9684 11700 PARCEL TO BE CONVEYED - A x Q> sQ - )e -o --I- � - 3634 12051 DRAFT 8/1, 1/17 EXHIBIT B 6767t,\ 7;-,- 11800 , V*- 4 340 1155,62 1661 1800 6 - 0 1800 420 864 0466 11 1 1 8553 11923 15:53 1191 1 90 a9 0240 11925 0631 11C 174E 420' 4267 1 3500 0,010 1 2438 118401 DRAFT 8/11/17 COUNTY PAYMENT SCHEDULE Year 9 3,794,890 344,990 206,994 551,984 Year 10 3,449,900 344,990 189,745 534,735 Year 11 3,104,910 344,990 172,495 517,485 Year 17 1,034,970 344,990 68,998 41.3,988 Year 18 689,980 344,990 51,749 396,739 Year 19 344,990 344,990 34,499 379,489 Year 20 0 344,990 17,250 362,240 ' (Pro -forma only - to be updated with final pricing upon issuance of the Bonds) 2 Chesterfield Community Arts Center prepared by Budget & Management as of April 22, 2015 C-1 PRINCIPAL INTEREST TOTAL PMT Principal Amount $6,899,800 5.00% Year 1 $6,554,81.0 $344,990 $344,990 $689,980 Year 2 6,209,820 344,990 327,741 672,731 Year 3 5,864,830 344,990 310,491 655,481 Year 9 3,794,890 344,990 206,994 551,984 Year 10 3,449,900 344,990 189,745 534,735 Year 11 3,104,910 344,990 172,495 517,485 Year 17 1,034,970 344,990 68,998 41.3,988 Year 18 689,980 344,990 51,749 396,739 Year 19 344,990 344,990 34,499 379,489 Year 20 0 344,990 17,250 362,240 ' (Pro -forma only - to be updated with final pricing upon issuance of the Bonds) 2 Chesterfield Community Arts Center prepared by Budget & Management as of April 22, 2015 C-1 RAF 8/1111.7 IWXwe113111117 �ARTS�[CAiI CENTER BUDGET Chesterfield Center for the Arts by: Budget & Management, as of April 20, 2015 FACILITY ASSUMPTIONS Design at/near schematics Auditorium at 330 seats; no classroom space Facility GSF 18,500 per existing schematics REVENUE BUDGET ALLOCATION Foundation Capital Contribution $1,100,000 County 7,074,825 $8,174,825 EXPENSE BUDGET ALLOCATION' Construction and Equipping Phase Construction $4,573,400 $247/sf Sitework 494,785 Utility connections 50,000 Equipment: Theatre, AV, Food Service 944,580 Furniture 90,000 Fixtures 12,000 Equipment 24,000 Security System 18,000 Orchestra Pit Equipment 330,000 $6,536,765 CPM 162,184 4% of construction Contingency/unallocated 767,224 Subtotal Construction/Equipping $7,466,173 Design Phase Design $450,960 7.5% of construction Testing/Inspection 25,340 0.5% of construction CPM 40,546 Contingency/unallocated 191,806 708,652 TOTAL $8,1.74,825 Expressed as of April 20, 2015 available balance, w/FY2016 appropriation and $3537 open encumbrance D-1 Chesterfield Center for the Arts by: Budget & Management, as of July 28, 2017 FACILITY ASSUMPTIONS Number of auditorium seats Square Feet Multi-purpose room Class room Gallery REVENUE BUDGET ALLOCATION County: Bonds/General Fund Additional contribution Developer Contribution (proferred condition) Foundation: Initial capital contribution Additional capital contribution Additional capital via loan TOTAL Original, 4/2015 330 18,500 Yes No No Revised, 7/2017 348 21,800 Yes Yes Yes $ 7,074,825 $ 6,530,832 $ 2,000,000 $ 1,100,000 $ 1,100,000 $ 500,000 500,000 $ 8,174,825 EXPENSE BUDGET ALLOCATION (Both columns represent future costs and exlude LTD costs) Construction, Sitework, Theater Equipment $ 6,410,765 FFE $ 126,000 Redesign, Construction Admin, Materials Testing $ 679,030 Contingency/unallocated $ 959,030 TOTAL $ 8,174,825 $ 10,000,000 $ 125,000 $ 418,250 $ 289,182 $ 10,832,432 $ 8,530,832 $ 201,600 $ 2,100,000 $ 10,832,432 (1) rz u c -00 M 0 0 0 0 0 0 0 0 CD CD 0 0 r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C 0 0 CD m 00000OLnLnLn Ln Ln M 0 0 0 0 0 � C 0 0 a C) d 6 6 6 6 6 h nr,i h' r--� r,: toLr� Lr� (5 0 06 06 06 06 Lr� 06 0 O0 0 00 r, W W W W W M cT r4 Ln mr, m 1-1 CL C� C� C� Lq N 0 C� 0) w 0 d N 0 cr 0 0 0 0 0 Ln 04 0 0 00 CD N 0 C, 0 0 0 0 0 C) 0 0 0 O 0 1 o 0 0 0 0 0 0 t -R = 0 tm Ln Lf) 0 U- u �o 00 rj to (U u C: 'a 0 0 0 (D 0 0 0 0 0 0 c)) c cO00000000 UA cp co 0 0 C) (D 0 0 Lr) Lr) Lr) C� 6 r-� r-�.jr4 16, r- 00 C) lzT WNM Lf) 0 4 k - LL. < 0 0 0 cu _0a 0 F- E E E .0 .0 .0 C) 0 u u ru C� m 0 C) C) 00 c: m Ln a) tio 0 Ln 4, IA < 0 o 0 0 (U Qj U u u o V) 0 LL0 m -i Q LL (1) u c -00 M 0 0 C) 0 0 0 0 0 0 0 0 0 0 0 0 0 CD CD 0 0 r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C 0 0 CD m 00000OLnLnLn Ln Ln M 0 0 0 0 0 � 0 0 a C) d 6 6 6 6 6 h nr,i h' r--� r,: toLr� Lr� (5 0 0 06 06 06 06 Lr� 06 0 O0 0 00 r, W W W W W M cT r4 Ln mr, m 1-1 , M C� C� C� Lq N 0 C� C� 0 w 0 d N 0 0 0 0 0 0 0 Ln c 0 i 0 0 0 0 CD N 0 C, 0 0 0 0 0 C) 0 0 0 O 0 1 o 0 0 0 0 0 0 t -R = 0 m V)- Ln Lf) r4 -1 rj to (U u C: 'a 0 0 0 (D 0 0 0 0 0 0 c)) c cO00000000 cp co 0 0 C) (D 0 0 Lr) Lr) Lr) C� 6 r-� r-�.jr4 00 C) lzT WNM Lf) 0 0 0 0 0 cu E E E .0 .0 .0 C) 0 u u u C� m 0 C) C) :3 t5 c: m CD 0 Ln Ln 0 0 0 U u u V) m 0 I r-4 coo C) C) I.D lO -I lD tD lD tD tD A lD lO 1,0 kD a) 0 0 0 0 0 It 'IT 0 It It It It 't0 It It : 't _1 eh 'L� 0 0 0 0 4 4 r, 4 4 j- 4 4 r, 4 4 rj 0 0 C) 0 ,i 0 6 06 0 6 06 .6 0 6 .6N O L 00 m m w m lo z3- lzt m 00 (3) N rr) C) 0 CD CD 0 0 0 0 0 0 0 0 0 0 0 CD 0 0 0 0 0 0 0 0 a 0 0 0 0 0 0 0 06 06 06 06 Lr� 06 0 0 0 0 0 0 0 CLr � 0 ! C� C� C� C� C� Lq N C� C� C� 0 w 0 d N 0 0 0 0 0 0 0 Ln 0 c5tn N 0 0 0 IT 0 w 0 0 to m 0 I r-4 coo C) C) I.D lO -I lD tD lD tD tD A lD lO 1,0 kD a) 0 0 0 0 0 It 'IT 0 It It It It 't0 It It : 't _1 eh 'L� 0 0 0 0 4 4 r, 4 4 j- 4 4 r, 4 4 rj 0 0 C) 0 ,i 0 6 06 0 6 06 .6 0 6 .6N O L 00 m m w m lo z3- lzt m 00 (3) N rr) � t.0 t.0 w -4 Lo 'IT 'ZT 'ZT 'IT (N 1* m 0 0 0 0 0 `3� 06 06 06 06 Lr� 06 w d C� d & w w Ln w o o o o m o w m w (b w to lD 0 m 0 m M m 0 0 0 r-4 N 0 0 0 m oo Mn L Ln 0 C4 w rH N m T to r -f N m t Ln to r- w m 0 r -A rN m m -IL 0 co 0 A_ T /9/1.7 AMENDED AND RESTATED CHESTERFIELD CENTER FOR THE ARTS OPERATION AGREEMENT This Agreement entered this day of , 24142017, between the County of Chesterfield (the "County"), the Economic Development Authority of the County of Chesterfield ("Authority"), and the Chesterfield Center for the Arts Foundation (the "Foundation") for the operation of a community arts center to be located adjacent to the Chester library t "Arts Genterat 11800 Centre Street (the "Arts Center") modifies, amends, and restates the terms of an Operation Agreement entered into between the parties dated August, 2015 "Operations Agreement"). WHEREAS, the County, the Foundation, and the Authority entered into of Under -standing ("MOU") outliningvarious agreements, including the pfineiple term efOperations Agreement, establishing a public/private development arrangement for construction, financing, and operation of the Arts Center; and WHEREAS, since the par-ties—anlieipateexecution of the Afts Gent of will be an. 10-1 PA _ . .. - M-1. . _. .. .. ,. Page 1 of 1 ]. DRAFT /9/17 LI_ -:1SR�ttTSSRtStI�/t�[SRR.�1•R�IRS��tt\�� '�tt�A 1��R' enter ipAo a Deyel,.pmet + ,,,,,a F;,,,,,,,.;,,bOperations Agreement sof substapAial e aleRl thereof) IRS\�\�I��''i�tl�l��t�l�l•�t!5�9��1t'�'�tt�t(S�IL\��<SS�I LSSS�ITI: � %�n)l%ttltlT'lel(!SS�liS�S.�t•tt�(!R�(�/t�S+��lT)l+l�tttf�*� ^rw, the scope of the project has expanded, the anticipated cost of constructing the WVUWWM�y -3M.1101 — _ � _1SSltl�It>t!S�\919t�1!S�l Lt�l!S�O�(��I\ 1 ��/\�1'�'1`�tttil�t♦l�lSrl�l�lt�(��t�l �� 1SS�Sw �!SO\�I�t �' �LTn�♦�iTli � � � � n � iR"1�I�Si LIrS� St•\��Sl!Sttltl �t�l�\VIS: ♦!S�: L rl S /t I: L t!Stt�titt\�t•��Rt��J�Itl�l�llt!St\R1 negotiate it good faith the terms of an operation facility has increased significantly, and the parties have modified their prior agreement as reflected in the Operations Agreement; and WHEREAS, the parties wish to enter into an Amended and Restated Operations Agreement that would delineate therevised responsibilities of the County and Foundation for the day-to-day and long-term operations of the Arts Center after it is constructed,-, and WHEREAS, the Authority has joined in this Agreement as owner of the property to memorialize its consent to the terms herein. NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: Page 2 of 11 �DRAFT 8/9/17 1. Term. The term of this Agreement shall be twenty (20) years and shall automatically renew for two successive terms of ten (10) years each unless terminated by either party as described in Section 910 of this Agreement. 2. Purpose. The Foundation shall have the sole responsibility for operating the Arts Center, and the Foundation covenants that it will do so continuously without interruption for the term of this Agreement. The Foundation agrees that it shall use its best efforts to support the development, promotion, and use of the Arts Center as a premier facility for performing, literary, and visual arts. 3. County Responsibilities. Commencing with the issuance of a certificate of occupancy for the Arts Center, the County shall become financially responsible for the following operating and capital expenses, unless otherwise covered by warranty, of the facility in accordance with County facilities management policies/procedures: a. repair—and, routine maintenance and replacement as needed of the structural elements of the building, defined as roof, exterior walls, structural supports, and windows; b. repair, routine/preventative maintenance and replacement as needed of plumbing, electrical, heating, and cooling systems; C. general facility lighting maintenance and replacement as needed (excludes performance lighting system and fixtures); and d. lawn maintenance, landscaping, walkway and parking lot maintenance; e. for the first three years of operation, all custodial services for the facility based on a mutually agreed upon scope and schedule, except for event related housekeeping i.e. Page 3 of 11 .. F T 8/9/1. 4 event porters). Existing County contracts shall be used for the provision of custodial services. Facility maintenance services after normal working hours (8:30 to 5:00 PM Monday through Friday) shall onlyprovided via existing on-call procedures and only for emergencies. County maintenance staff will respond to reported maintenance issues and shall not be embedded/dedicated to this facility. 4. Foundation Responsibilities. a. The Foundation shall be responsible for the provision of personnel and technical support systems sufficient for the operation and administration of the Arts Center to a level which conforms to commercially reasonable management practices of comparable facilities. The Foundation shall be financially responsible for all operating expenses associated with the Arts Center not specifically provided in Section 2, including: ai. phone, internet, water, sewer, electric and gas utilities; bii. all administrative and programming expenses, including personnel, professional services, insurances (which must be approved by the County's Risk Manager), telephone, and advertising; eiii. concession expenses; concession sales may include alcohol provided the Foundation secures all necessary ABC licenses; div. ticket office expenses, including ticket printing, credit card charges, and ticket office computer system; e_v. facility operating costs, including the personnel required to operate the facility on a day-to-day basis, and the services and staff required for performances and other uses of the facility, including stagehands, front of house staff, event security, and event related housekeeping; -and Page 4 of 11 r 4� RAF 8/9/1.7 fvi. repair and maintenance of the ' tefief of the f eilit<, ^i,,ding all ui�. in��.i furniture, seating, "'^, concession facilities, performance lighting and sound systems, and other fixtures; -and facility..-; gyii. after the first three years of operation, all custodial services for the viii. any pecialized kitchen/food service equipment solely related to providing concessions (e.g., refrigerators, ice makers, etc.) ix. any audio-visual equipment; and X. replacement of furniture, fixtures, and equipment. b. The Foundation shall provide full access to County staff for maintenance purposes. Maintenance work orders shall be submitted via the County's work order system. Custodial deficiencies shall be reported directly to the custodial contractor. Full and complete records regarding maintenance activities performed by the Foundation shall be maintained. C. The Foundation shall annually provide a report to the Counting that all associated manufacturers' recommended maintenance actions on the above -noted systems have been performed, and furthermore shall maintain records of all repairs that have been made to the noted systems; d. The Foundation shall annually prepare and submit reports to the County demonstrating the business activity and financial viability of the Foundation. Such reports shall include an annual performance schedule listing_ planned events and dates, annual operating budget including revenues and expenditures, actual revenues and expenditures, audited financial reports, and changes in Foundation Board membership. Page 5 of I I DRAFT //7 5. Rates, Fees, and Operating Revenues. a. All user fees and rental rates for the facility shall be established by the Foundation. The Foundation shall have the right to collect and retain all revenues associated with operating the facility including performance ticket sales, rental income, concession income, ticket office revenues, ticket surcharges, and other user fees. All revenue generated from use of the facility shall be used by the Foundation solely for expenses related to operating the facility. b. Subject to the approval of the County, the Foundation shall have the right to sell or lease naming rights to the facility or portions of the facility as part of its fundraising efforts. C. Prior to a notice to proceed with construction being issued, the Foundation shall demonstrate to the County commitments/pledges in an amount equal to one half of one shall provide evidence that such commitments/pledges have been received and have been deposited into an account ("Operating Reserve") no later than the mid -point of the established construction duration. Thereafter, the Foundation shall deposit in the Operating Reserve account the following amounts at the following times: a) an .,m, utA equal to one half of the first net eost of ^paratien $170,000 (or such an amount as is necessary to bring the account balance to +'��eaf's net eost of operas $340,000) prior to substantial completion of the construction; and b) one year after opening the facility, and annually for the next two (2) years, on or before the anniversary date of the opening, the Foundation shall deposit in the Operating Reserve account an amount equal to one yeaf's net eest of operations as estimated and approved by the Count. -sufficient to achieve a balance equal to $340,000. During the first three (3) years Page 6 of 11. of operations, the Foundation shall maintain at all times a minimum balance in the Operating Reserve a sum in the amount equal to six (C) meh-owe estimated net anniial es r oper-ations.$170,000. The Operating Reserve account will be used solely by the Foundation for necessary operating costs of the facility as outlined in Section 4. d. The parties acknowledge that the facility will be constructed adjacent to a public library operated by the County. To the extent practicable and legally permissible, the County will offer the Foundation the opportunity to reduce its costs of operating the facility when economies of scale arise. 66. County Use of Facility. The County, including Chesterfield County Schools, upon request to the Foundation, and based upon availability of the facility, will be permitted use of the facility upon payment of rental rates established by the Foundation, which rates shall be no greater than the most favorable rates charged by the Foundation to other non-profit entities. 7. County Operating Support. The parties agree that the Foundation may annually request operational funding support in an amount not to exceed $85,000 in any given fiscal ye from the County. Such requests shall be submitted in a form and at a time acceptable to the County. The County Administrator will present such request to the Board of Supervisors for consideration of funding upon receipt of such request. If such request is approved, the Foundation shall use the County's contribution for costs associated with operating the facility and for no other purpose. . 8. Capital Improvements and Site Development. a. The Foundation shall not undertake any structural alterations, structural changes, site improvements, or modifications requiring a building permit ("Structural Page 7 of '11 DRAFT 19117 Alterations") to the facility without the prior written consent of the GoupA* ,; Gountyl Count Director of General Services which consent will not be unreasonably withheld. b. -The Foundation shall keep County informed, through the Count's Director of General Services of any plans for any capital project at the facility. The Foundation agrees that it will not enter into any contract for any new construction or renovation work at the facility without first obtaining the approval of the GeCounty's Director of General Services. 7c. Major maintenance projects (e.g. HVAC replacement, site paving, etc.) will be identified, programmed, funded, and completed in accordance with the County CIP process unless negotiated otherwise. 9. Non -appropriation. All financial obligations of the County hereunder shall be subject to non -appropriation by the Board of Supervisors of the County. The County Administrator shall include annually in his proposed budget all costs anticipated to be expended by the County pursuant to this agreement. 810. Termination. This Agreement may be terminated by the County upon the default of the Foundation of any of its responsibilities hereunder or under the Development, Acquisition and Financing Agreement dated the Authority, or the Lease Agreement dated by and among the County, the Foundation, and by and between the EDA and the Foundation, "Lease"),, and failure of the Foundation to cure such default within ninety (90) days of written notice thereof. The County may also terminate this Agreement in the event that the Foundation exercises its right under section 4.9 of the Lease to purchase the property. 911. Access to Information and Documentation. The parties agree to make data and documentation related to the respective expenses incurred hereunder available to one another upon request. The Foundation shall provide the County with financial statements relative to Page 8 of 11 DRAFT /9/17 operations of the facility upon request. The Foundation shall maintain full and accurate records with respect to all matters covered under this Agreement in accordance with Library of Virginia Records Retention Schedules. Records shall be open to inspection and subject to audit and/or reproduction, during normal working hours by the County and its employees,gents, or authorized representatives to the extent necessary to adequately permit evaluation and verification of any invoices, payments, or claims arising from this Agreement. 4812. Personnel. Neither the Foundation members nor its employees shall be deemed to be employees of the County for any purpose. 4413. Assignment. The rights and obligations of the Foundation may not be assigned without the written consent of the County. 4214. Indemnification. The Foundation shall hold harmless and defend the County from any and all claims, liabilities, demands, suits, cause or causes of actions, judgments, obligations, fines, penalties, costs and expenses and reasonable attorneys' fees suffered or incurred by County and/or arising out of, or in any way connected to the Foundation's use of the premises, or by virtue of any negligence on Foundation's part, except such negligence as may be occasioned solely by the acts or omissions of the County, and County's employees and agents. The Foundation further acknowledges and agrees that the County will have no approval rights with respect to the artistic content of the programs and performances at the facility. Accordingly, this indemnification shall include all claims, liabilities, demands, suits, cause or causes of actions, judgments, obligations, fines, penalties, costs and expenses and reasonable attorneys' fees suffered or incurred by County and/or arising out of, or in any way connected to any claims, suits or proceedings brought against County based on the artistic content of the use of the facility by the Foundation or anyone permitted by the Foundation to use the facility. The Page 9 of 11 DRAFT 8/9/17 Foundation further indemnifies County against all costs and expenses for claims of direct or indirect infringement of any intellectual property rights or claims in connection with the use of the County facility for programs, performances and sale of merchandise at the facility by the Foundation, its employees, agents, contractors and licensees. 4-315. Notice. Any notice required to be provided to a party by the other shall be provided by first class mail to: The County: james j. h. StegmaieFf)r. Joseph P. Casey County Administrator 9901 Lori Road, Room 505 P. O. Box 40 Chesterfield, Virginia 23832-0040 with a copy to: Jeffrey L. Mincks County Attorney P. O. Box 40 Chesterfield, Virginia 23832-0040 The Foundation: Hugh Cline Chairman 11801 Centre Street P.O. Box 3296 Chester, VA 23831 4-416. Entire Agreement. This Agreement represents the entire agreement between the parties and supersedes all prior negotiations, representations or agreements, either written or oral..., including the Operations Agreement dated August 21, 2015. This Agreement may only be amended by written instrument signed by both parties. X517. Governing Law. This Agreement shall be governed by the laws of the Commonwealth of Virginia, and all legal actions to enforce its provisions must be initiated in the Circuit Court of the County of Chesterfield and no other venue. Page 10 of 11 DRAFT 8/9/17 4-618. Approvals Required. This Agreement is subject to approval by the County's Board of Supervisors, the Foundation's Board of Directors, and the Authority's Board of Directors. COUNTY OF CHESTERFIELD By: Its: CHESTERFIELD CENTER FOR THE ARTS FOUNDATION By: Its: ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD By: Its: Page I I of I I 01 P, DRAFT 8/2/17 FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN THE ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD AND THE CHESTERFIELD CENTER FOR THE ARTS FOUNDATION This First Amendment dated , 2017, modifies and amends the Lease Agreement dated December 15, 2015, ("Lease Agreement") by and between the Economic Development Authority of the County of Chesterfield ("Authority") and the Chesterfield Center for the Arts Foundation ("Foundation"). WHEREAS, the parties and the County of Chesterfield ("County") have entered into various agreements including the Lease Agreement related to the development, construction, and operation of a community arts center ("Arts Center"); and WHEREAS, since the execution of the Lease Agreement, the scope of the project has grown, the anticipated cost of constructing and operating the facility has increased, and the parties have revised their respective commitments, obligations, and responsibilities with respect to the project; and WHEREAS, the Foundation is obligated to increase its funding of the project by $1,000,000 ("Foundation Funds"); and WHEREAS, the parties have agreed that $500,000 of the Foundation Funds may be paid over time in the form of rent payments under the Lease Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein and as stated in the Lease Agreement and other valuable consideration, the parties agree as follows: 1. Section 4.2, Rental Payments, subsection (a), of the Lease Agreement shall be deleted and shall provide instead as follows: (a) The Foundation shall pay a total Basic Rent to the Authority no later than June 30 of each year over the Initial Term as follows: in years 1-3, $15,000 annually; and ii. in years 4-20, $40,000 annually. 0623:98733.1 DRAFT $/2/17 2. Section 4.9, Option to Purchase. The fourth sentence shall be replaced with the following: The purchase price for the Project under the purchase option shall be an amount equal to the sum of Seventy Thousand Dollars ($70,000.00) per acre for the land portion of the Leased Premises (adjusted as described below), plus the greater of: (a) fifty percent (50%) of the depreciated value of the Arts Center using a straight line depreciation method over a 50 year building life starting on the Commencement Date; or (b) Two Million Dollars ($2,000,000.00). 3. All other terms and conditions of the Lease Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this First Amendment to Lease Agreement to be duly executed and effective as of the day of , 2017, by their duly authorized representatives. ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD 51 Chairman CHESTERFIELD CENTER FOR THE ARTS FOUNDATION Its: 0623:98733.1 2 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 2 AGENDA L741 Meetina Date: Auaust 23, 2017 Item Number: 12.D. Subiect: Adopt a Resolution Authorizing the Issuance of Virginia Resources Authority (VRA) Special Fund Revenue Bonds for Financing County Projects County Administrator's Comments: County Administrator: Board Action Requested: Adopt a resolution granting authorization and providing for the issuance and delivery of Virginia Resources Authority Special Fund Revenue Bonds not to exceed $11,200,000. Projects to be financed with this issuance include River City Sportsplex, Rogers Building HVAC Replacement, and a portion of the financing of Baxter Perkinson Center for the Arts. Summary of Information: Financing will allow for the completion of two FY2018 adopted CIP projects: River City Sportsplex, $4,600,000 and Rogers Building HVAC, $3,500,000. Additionally, the issuance includes $3,000,000 towards the financing of the Baxter Perkinson Center for the Arts. The River City Sportsplex project will complete the 12 field complex, to include paving and construction of northern parking areas and driveways, new entrance sign, landscaping and miscellaneous fencing, electrical and water replacements and additions. This will also include Genito Road left turn and crossover, lighting, fencing, circulation, restroom, concession and parking for three rear fields. Preparer: Matt Harris Title: Budget & Management Director Attachments: Yes F-1 No # 000-175, CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Summary of Information (continued): The Rogers Building HVAC project consists of replacement of 42 heat pumps with associated ductwork and pumps, sprinkler heads and the fire alarm system. Additionally, this project includes replacement windows and related building envelope improvements. As described in the August 23, 2017 Approval of Amendments to Agreements and Appropriation for the Baxter Perkinson Center for the Arts agenda item, additional funding is needed to complete the construction of a performing arts center, co -located with the Chester Library. Chesterfield County will be included in the pooled Fall Virginia Resources Authority (VRA)issuance for approximately $11.2 million towards financing of the projects described above, allowing for the County to take advantage of an abbreviated issuance process and reduced cost of issuance. The Fall VRA issue is projected to close in mid-November. Staff recommends approval. RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF COUNTY PROJECT VRA SPECIAL FUND REVENUE BONDS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, IN A PRINCIPAL AMOUNT NOT TO EXCEED $11,985,000 TO BE SOLD TO THE VIRGINIA RESOURCES AUTHORITY, AND PROVIDING FOR THE FORMS, DETAILS AND PAYMENT THEREOF WHEREAS, the Board of Supervisors (the `Board") of the County of Chesterfield, Virginia (the "County"), has determined that it is necessary and expedient to issue and sell its County Project VRA Special Fund Revenue Bonds (the "Bond"), to the Virginia Resources Authority ("VRA") and use the proceeds thereof (a) to finance certain capital improvement projects for the County for parks and recreation, cultural and public health purposes, including but not limited to road improvements, parking improvements, landscaping improvements, utility improvements, building improvements and HVAC improvements (collectively, the "Project"), and (b) to pay the related costs of issuance; WHEREAS, the County has applied to VRA for the purchase of the Bond, and VRA has indicated its willingness to purchase the Bond from the proceeds of one or more series of its Infrastructure and State Moral Obligation Revenue Bonds (Virginia Pooled Financing Program) (collectively, the "VRA Bonds"), in accordance with the terms of one or more Local Bond Sale and Financing Agreements (collectively, the "Financing Agreement"), between VRA and the County; WHEREAS, pursuant to the Financing Agreement, the County will set forth the amount of VRA Bond proceeds requested in an amount of $11,200,000, or such other amount as requested in writing by the County and approved by VRA, to finance the Project and pay the related costs of issuance (the "Proceeds Requested"), and the par amount necessary to generate the Proceeds Requested shall not exceed an aggregate principal amount of $11,985,000; WHEREAS, pursuant to the Financing Agreement, VRA will agree to pay to the County a purchase price for the Bond that, in VRA's judgment, reflects the Bond's market value (the "VRA Purchase Price Objective"), taking into consideration such factors as the maximum authorized principal amount of the Bond, the purchase price to be received by VRA for the VRA Bonds, the issuance costs of the VRA Bonds (consisting of the underwriters' discount and other costs incurred by VRA) and other market conditions relating to the sale of the VRA Bonds; WHEREAS, VRA's determination of the VRA Purchase Price Objective may result in the Bond having a purchase price other than par and consequently (a) the County may have to issue the Bond in a principal amount that is greater than or less than the Proceeds Requested in order to receive an amount of proceeds substantially equal to the Proceeds Requested or (b) if the maximum authorized principal amount of the Bond set forth in Section 3 below does not exceed the Proceeds Requested by at least the amount of any discount, the purchase price to be paid to the County, given the VRA Purchase Price Objective and market conditions, will be less than the Proceeds Requested; 1 WHEREAS, the Bond shall constitute a limited obligation of the County to make payments thereunder subject to, and solely conditioned upon, an appropriation being made by the Board in each fiscal year in which the Bond is outstanding to pay amounts coming due with respect to principal of and interest on the Bond for such fiscal year; WHEREAS, pursuant to the Financing Agreement, the County will agree to establish one or more special funds within the County's General Fund (the "VRA Special Fund") into which special fund(s) all moneys appropriated by the County for the payment of amounts due under the Financing Agreement with respect to the Bond shall be deposited; and WHEREAS, the Bond shall not constitute a debt of, or a pledge of the faith and credit of, the County, and shall be payable solely from funds on deposit in the VRA Special Fund from appropriations, if any, made by the County in each fiscal year to pay amounts coming due under the Financing Agreement with respect to the Bond for such fiscal year; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: 1. Authorization and Issuance of Bond and Use of Proceeds. Pursuant to the Constitution and statutes of the Commonwealth of Virginia, including Section 62.1-216 of the Virginia Resources Authority Act (Chapter 21, Title 62.1 of the Code of Virginia of 1950, as amended (the "Act")), the Bond shall be issued and sold to VRA to provide funds to finance the Project and to pay the related costs of issuance. The Bond shall be delivered to or upon the order of VRA upon VRA's payment of the purchase price set forth in the Financing Agreement. 2. Authorization of Financing Agreement. The County Administrator is authorized to execute and deliver one or more Financing Agreements, in a form substantially similar to the Local Bond Sale and Financing Agreement executed in connection with the sale of the County's $6,550,000 County Project VRA Special Fund Revenue Bond, Series 2017, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the County Administrator. The County Administrator's approval shall be evidenced conclusively by the execution and delivery of the Financing Agreement. The issuance and sale of the Bond to VRA shall be upon the terms and conditions set forth in the Financing Agreement. The proceeds of the Bond shall be applied in the manner set forth in the Financing Agreement. 3. Bond Details. The County Administrator shall determine whether to issue the Bond as one or more series of bonds and shall determine the appropriate series designation(s) and numbering for the Bond. The Bond shall be dated the date that is 30 days prior to the closing date of the VRA Bonds. The Board authorizes the issuance and sale of the Bond to VRA on terms as shall be determined by VRA subject to VRA's Purchase Price Objective and other market conditions described in the Recitals hereof, provided, however, that the Bond shall be issued in an aggregate principal amount not to exceed $11,985,000, shall have a "true" interest cost not to exceed 5.00% (exclusive of "Supplemental Interest" as will be provided in the Financing Agreement), shall be payable in principal installments ending not later than December 31, 2038. Subject to the preceding terms, the Board further authorizes the County Administrator to accept the final terms presented by VRA, including (a) the final principal amount of the Bond, 2 (b) the amortization schedule (including the principal installment dates and amounts) for the Bond and (c) the optional and extraordinary redemption provisions, if any, of the Bond, all in such manner as the County Administrator shall determine to be in the best interests of the County. As will be set forth in the Financing Agreement, the County agrees to pay such "Supplemental Interest" and other charges as provided therein, including such amounts as may be necessary to maintain or replenish certain VRA reserve funds. The principal of and premium, if any, and interest on the Bond shall be payable in lawful money of the United States of America. The actions of the County Administrator in accepting the final terms of the Bond shall be conclusive, and no further action shall be necessary on the part of the Board. 4. Payment and Redemption Provisions of Bond. The principal of and premium, if any, and interest on the Bond shall be payable as set forth in the Bond and the Financing Agreement. The County may, at its option, redeem, prepay or refund the Bond upon the terms established by VRA in the Financing Agreement. 5. Execution and Form of Bond. The Bond shall be signed by the Chairman or Vice Chairman of the Board, and the County's seal shall be affixed thereon and attested by the Clerk or Deputy Clerk of the Board. The Bond shall be issued as a typewritten bond in substantially the form of Exhibit A attached hereto, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officers signing the Bond, whose approval shall be evidenced conclusively by the execution and delivery of the Bond. 6. Limited Obligation of County, Subiect to Appropriation. The Bond shall not constitute a debt of the County. Neither the faith and credit nor the taxing power of the County shall be pledged to the payment of the Bond. The Bond shall constitute a limited obligation of the County, payable solely from, and contingent upon, funds, if any, on deposit in the VRA Special Fund established by the County from the appropriations, if any, made by the Board in each fiscal year for payment of amounts coming due with respect to the Bond in such fiscal year. Nothing in this Resolution, the Financing Agreement or the Bond shall constitute a pledge of the faith and credit or the taxing power of the County or compel the Board to make any appropriations for the payments of amounts due with respect to the Bond and the Financing Agreement. The Board hereby recognizes that, although the Board is not empowered to make any binding commitment beyond the current fiscal year, it is the Board's current intention to make sufficient annual appropriations during the term of the Bond and the Financing Agreement for deposit to the VRA Special Fund to be applied to the payment of amounts due with respect to the Bond. The Board hereby directs the County Administrator, during the term of the Bond and the Financing Agreement, to include as a separate line item in each annual budget of revenues and disbursements presented to the Board an item designated as "VRA Special Fund Payments" in an amount sufficient, in the judgment of the County Administrator, to make all payments coming due from the County with respect to the Bond and the Financing Agreement during such fiscal year. 3 7. Preparation of Printed Bond. The County shall initially issue the Bond in typewritten form. Upon request of the registered owner and upon presentation of the Bond at the office of the Registrar (as hereinafter defined), the County shall arrange to have prepared, executed and delivered in exchange as soon as practicable the Bond in printed form in an aggregate principal amount equal to the unpaid principal of the Bond in typewritten form, in denominations of $5,000 and multiples thereof, of the same form and maturity and registered in such names as requested by the registered owners or their duly authorized attorneys or legal representatives. The printed Bond may be executed by manual or facsimile signature of the Chairman or Vice Chairman of the Board, and the County's seal is to be affixed thereto and attested by the Clerk or Deputy Clerk of the Board; provided, however, that if both such signatures are facsimiles, no Bond shall be valid until it has been authenticated by the manual signature of the Registrar and the date of authentication noted thereon. The typewritten Bond surrendered in any such exchange shall be canceled. 8. Registration, Transfer and Owner of Bond. The County appoints the County Treasurer as paying agent and registrar (the "Registrar") for the Bond. If deemed to be in its best interests, the County may at any time appoint a qualified bank or trust company as successor Registrar. Upon surrender of the Bond at the office of the Registrar, together with an assignment duly executed by the registered owner or its duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the County shall execute, and the Registrar shall authenticate and deliver in exchange, a new Bond or Bonds having an equal aggregate principal amount, of the same form and maturity, bearing interest at the same rate and registered in such name as requested by the then registered owner or its duly authorized attorney or legal representative. Any such exchange shall be at the expense of the County, except that the Registrar may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Registrar shall treat the registered owner as the person or entity exclusively entitled to payment of principal of and premium, if any, and interest on the Bond and the exercise of all other rights and powers of the owner, except that installments shall be paid to the person or entity shown as owner on the registration books on the 15th day of the month preceding each interest payment date. 9. Mutilated, Lost or Destroyed Bond. If the Bond has been mutilated, lost or destroyed, the County shall execute and deliver a new Bond of like date and tenor in exchange and substitution for, and upon cancellation of, such mutilated Bond or in lieu of and in substitution for such lost or destroyed Bond; provided, however, that the County shall so execute and deliver only if the registered owner has paid the reasonable expenses and charges of the County in connection therewith and, in the case of a lost or destroyed Bond, (a) has filed with the County evidence satisfactory to the County that such Bond was lost or destroyed and (b) has furnished to the County satisfactory indemnity. 10. Preparation and Delivery of Bond. The officers of the County are authorized and directed to take all proper steps to have the Bond prepared and executed in accordance with its terms and to deliver it to VRA as the purchaser thereof upon receipt of the purchase price from VRA as set forth in the Financing Agreement. 11 11. State Aid Intercept. The County acknowledges that VRA is treating the Bond as a "local obligation" within the meaning of Section 62.1-199 of the Act, including amendments thereto taking effect as of July 1, 2011, which in the event of a nonpayment thereunder authorizes VRA or the VRA trustee to file an affidavit with the Governor of the Commonwealth of Virginia that such nonpayment has occurred pursuant to Section 62.1-216.1 of the Act. In purchasing the Bond, VRA is further relying on Section 62.1-216.1 of the Act providing that if the Governor is satisfied that such nonpayment has occurred, the Governor will immediately make an order directing the Comptroller to withhold all further payment to the County of all funds, or of any part of them, appropriated and payable by the Commonwealth of Virginia to the County for any and all purposes, and the Governor will, while the nonpayment continues, direct in writing the payment of all sums withheld by the Comptroller, or as much of them as is necessary, to VRA, so as to cure, or cure insofar as possible, such nonpayment. 12. Establishment of VRA Special Fund. The Board hereby authorizes and directs the County to establish the VRA Special Fund within the County's General Fund into which appropriations, if any, made by the Board with respect to the Bond shall be deposited and to cause the VRA Special Fund to be identified in the County's audited financial statements. 13. Tax Compliance Agreement; Tax Covenants. Such officers of the County as may be requested are authorized and directed to execute and deliver one or more nonarbitrage certificates and tax compliance agreements (collectively, the "Tax Compliance Agreement") in a form not inconsistent with this Resolution as may be approved by the officers of the County executing such document, whose approval shall be evidenced conclusively by the execution and delivery thereof. The Board covenants on behalf of the County that the proceeds from the issuance and sale of the Bond will be invested and expended as set forth in the Tax Compliance Agreement and that the County shall comply with the other covenants and representations contained therein. 14. State Non -Arbitrage Program. The Board has previously received and reviewed the Information Statement, describing the State Non -Arbitrage Program of the Commonwealth of Virginia ("SNAP"), and the Contract Creating the State Non -Arbitrage Program Pool (the "Contract"), and the Board hereby authorizes the County Treasurer in his discretion to utilize SNAP in connection with the investment of the proceeds of the Bond. The Board acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the County in connection with SNAP, except as otherwise provided in the Contract. 15. Inclusion of County Information in Official Statement relating to VRA Bonds. The County authorizes and consents to the inclusion of information with respect to the County contained in VRA's Preliminary Official Statement and VRA's Official Statement in final form, both prepared in connection with the sale of the VRA Bonds. The County Administrator is authorized and directed to take whatever actions are necessary or appropriate to aid VRA in ensuring compliance with Securities and Exchange Commission Rule 15c2-12. 16. Reimbursement. In adopting this Resolution, the County intends to evidence its "official intent" (within the meaning of Treasury Regulations Section 1.150-2 promulgated under 5 the Internal Revenue Code of 1986, as amended) that expenditures with respect to the Project made prior to the issuance of the Bond will be reimbursed with Bond proceeds. 17. Filing of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County. 18. Further Actions. All other actions of officers of the County in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bond are hereby ratified, approved and confirmed. The officers of the County are hereby authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the issuance, sale and delivery of the Bond. 19. Repeal of Conflicting Resolutions. All resolutions or parts of resolutions in conflict herewith are repealed. 20. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of the County of Chesterfield, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on August 23, 2017, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. Members present at the meeting were: Members absent from the meeting were: Members voting in favor of the foregoing resolution were: Members voting against the foregoing resolution were: Members abstaining from voting on the foregoing resolution were: WITNESS MY HAND and the seal of the Board of Supervisors of the County of Chesterfield, Virginia, this day of 52017. [SEAL] Clerk, Board of Supervisors of the County of Chesterfield, Virginia Cel EXHIBIT A [FORM OF BOND] Interest on this bond is intended by the issuer hereof to be included in gross income for federal income tax purposes. REGISTERED R-1 UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA COUNTY OF CHESTERFIELD County Project VRA Special Fund Revenue Bond Series 2017B REGISTERED , 2017 The County of Chesterfield, Virginia (the "County"), a political subdivision of the Commonwealth of Virginia, for value received, promises to pay to the Virginia Resources Authority, or its registered assigns or legal representative ("VRA"), solely from the sources hereinafter described and pledged to the payment of this bond the principal sum of DOLLARS ($ ). Principal of this bond shall be payable in annual installments in the amounts and on the dates set forth in Schedule I attached hereto. Interest on this bond shall be payable on each _ and _, commencing _, 20_, computed on the basis of a 360 -day year of twelve 30 -day months at the rates set forth in Schedule 1. If any installment of principal of and interest on this bond is not paid to the registered owner of this bond within ten days after its due date, the County shall pay to VRA a late payment charge in an amount equal to five percent (5%) of the overdue installment. Subject to the provisions of the Local Bond Sale and Financing Agreement dated as of _, 2017 (the "Financing Agreement"), between VRA and the County, so long as this bond is held by or for the account of VRA or its registered assigns or legal representative, interest is payable by (i) check or draft mailed to the registered owner of this bond at the address that appears on the 15th day of the month preceding each interest payment date on the registration books kept by the County Treasurer, who has been appointed registrar and paying agent, or any successor bank or trust company (the "Registrar"), or (ii) wire transfer pursuant to the most recent wire instructions received by the Registrar from such registered owner, except that the final payment is payable upon presentation and surrender of this bond at the office of the Registrar. Principal of and premium, if any, and interest on this bond shall be payable in lawful money of the United States of America. In case the payment date on this bond shall not be a Business Day (as defined below), then payment of principal, premium, if any, and interest need not be made on such date, but may be made on the next succeeding Business Day, and, if made on such next succeeding Business Day, no additional interest shall accrue for the period after A-1 such payment date. "Business Day" means any Monday, Tuesday, Wednesday, Thursday or Friday on which commercial banking institutions generally are open for business in New York and Virginia. This bond has been authorized by a resolution adopted by the Board of Supervisors of the County (the "Board") on August 23, 2017, (the "Resolution"), and is issued pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the Section 62.1-216 of the Virginia Resources Authority Act (Chapter 21, Title 62.1 of the Code of Virginia of 1950, as amended), the Resolution and the Financing Agreement. Proceeds of this bond will be used to provide funds (a) to finance certain capital improvement projects for the County for parks and recreation, cultural and public health purposes, including but not limited to road improvements, parking improvements, landscaping improvements, utility improvements, building improvements and HVAC improvements, and (b) to pay the related costs of issuance. This bond is issued to evidence the undertakings of the County pursuant to the Financing Agreement. Under the terms of the Financing Agreement, the County has agreed to make payments to the Authority on this bond solely from, and to the extent of, annual appropriations, if any, made by the Board for such purpose and deposited into the Special Fund (as defined in the Financing Agreement). The undertaking of the County to make payments under the Financing Agreement and this bond constitutes a current expense of the County, subject to, at all times and in all cases, annual appropriation by the Board for such purpose. The undertaking of the County to make payments under the Financing Agreement does not and shall not constitute a debt of the County within the meaning of any constitutional or statutory limitation or a liability of or a lien or charge upon any funds or property of the County (other than the lien granted pursuant to the Financing Agreement on the Special Fund) beyond any fiscal year for which the Board has appropriated moneys to make such payments. Nothing in this bond or in the Financing Agreement shall constitute a pledge of the faith and credit or the taxing power of the County. Nothing in this bond or in the Financing Agreement shall obligate the Board to make appropriations for deposit in the Special Fund or for any other payment with respect to this bond or the Financing Agreement. If any failure of the County to pay all or any portion of any required payment of the principal of or premium, if any, or interest on this bond results in a withdrawal from any VRA Reserve (as defined in the Financing Agreement), the interest rates applicable to this bond shall be increased to interest rates sufficient to reimburse the VRA Reserve for any foregone investment earnings and/or pay any interest, fees or penalties assessed as a result of the drawing on the VRA Reserve. The increment of interest payable pursuant to the increase in rates shall be referred to as "Supplemental Interest." The term "interest" as used in this bond shall include Supplemental Interest, when and if payable. The County's obligation to pay Supplemental Interest shall commence on the date of VRA's withdrawal of funds from the VRA Reserve occasioned by the County's failure to pay a required payment or portion thereof as described above (the "Supplemental Interest Commencement Date"). The County's obligation to pay Supplemental Interest shall terminate on the date on which the County remedies such failure to pay by making all payments required but outstanding since the date of such failure to pay (the "Supplemental Interest Termination Date"). From the Supplemental Interest Commencement Date to the Supplemental Interest Termination Date, Supplemental Interest shall be due and payable on the regularly scheduled interest payment dates provided for in this bond. As soon as 01 N reasonably possible after the Supplemental Interest Commencement Date and before the next regularly scheduled interest payment date provided for in this bond, VRA shall deliver to the County a certificate as to the increase in interest rates and the amount of Supplemental Interest. The certificate shall set forth in reasonable detail the basis for the increase in interest rates and the manner of calculation of the increase and the amount of Supplemental Interest. Such certificate shall be conclusive (absent manifest error) as to the interest rate increase and amount of Supplemental Interest set forth therein. In determining the interest rate increase and the amount of Supplemental Interest, VRA may use any reasonable averaging and attribution methods. This bond may be redeemed, prepaid or refunded at the option of the County upon the terms set forth in the Financing Agreement. If an Event of Default (as defined in the Financing Agreement) occurs and is continuing, the principal of this bond may be declared immediately due and payable by the registered owner by written notice to the County. This bond is issuable as a fully registered bond. Upon surrender of this bond at the Registrar's office, together with an assignment duly executed by the registered owner or such owner's duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the County shall execute, and the Registrar shall authenticate and deliver in exchange, a new bond or bonds in the manner and subject to the limitations and conditions provided in the Resolution, having an equal aggregate principal amount, in authorized denominations, of the same series, form and maturity, bearing interest at the same rate and in the same manner, and registered in such names as requested by the then registered owner of this bond or such owner's duly authorized attorney or legal representative. Any such exchange shall be at the County's expense, except that the Registrar may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect to it. The Registrar shall treat the registered owner of this bond as the person exclusively entitled to payment of principal of and premium, if any, and interest on this bond and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as the owner on the registration books on the 15th day of the month preceding each interest payment date. All acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed. IN WITNESS WHEREOF, the County of Chesterfield, Virginia, has caused this bond to be signed by the [Chairman/Vice Chairman] of the Board of Supervisors, its seal to be affixed hereto and attested by the [Clerk/Deputy Clerk] of the Board of Supervisors, and this bond to be dated the date first above written. (SEAL) A-3 [Chairman/Vice Chairman], Board of Supervisors of the County of Chesterfield, Virginia Attest: [Clerk/Deputy Clerk], Board of Supervisors of the County of Chesterfield, Virginia ASSIGNMENT FOR VALUE RECEIVED the undersigned sell(s), assign(s) and transfer(s) unto (Please print or type name and address, including postal zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE: the within bond and all rights thereunder, hereby irrevocably constituting and appointing Attorney, to transfer said bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed NOTICE: Signature(s) must be guaranteed by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, Securities Broker/Dealer, Credit Union or Savings Association who is a member of a medallion program approved by The Securities Transfer Association, Inc. A-5 (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the registered owner as it appears on the front of this bond in every particular, without alteration or enlargement or any change whatsoever. SCHEDULEITO COUNTY OF CHESTERFIELD, VIRGINIA COUNTY PROJECT VRA SPECIAL FUND REVENUE BOND SERIES 2017B Principal Principal Principal Installment Installment Installment Interest Number Amount Due Date Rate [to be completed after pricing of VRA Bonds] • August 23, 2017 Speakers List Evening Session #1 (Following Presentation of Resolutions) 1. Denise Sandlin 2. Debra Gannawa 3. Sarah Wolfgang 5. Rev. Caitlin Deyerle Evening Session #2 (End of the Evening Agenda) 1. Cynthia Losen 3. Rodney Martin V 4. FI(CJ d I &IS 5 Ea L, 5. Update of project as of August 17 • Did not receive a detail drawing of the revision -therefore using original proposal drawings • Update -Chesterfield has withdrawn temporary easement proposal • Chesterfield has stated that it has "removed " us from the project. Technically they are doing the same thing just staying within the easement = Eliminating the proposed temporary easement Chesterfield claims —this construction will not kill the trees (no written proof of this statement) Per Gardens guide .com and hunker .com " The Leyland Cypress root spread is relatively small will depend on the size of the tree. For a 67- foot tree, main roots only spread about 30 feet outward. = Our trees are approximately 30 feet tall so based on the same calculation it would be a 15 foot spread which is beyond the easement of to feet and will be within the construction zone and the area for the new road. • Per Brett Epps, Engineer for Chesterfield Cozenty Since they are staying within the easement Chesterfield therefore has no responsibility if the trees are damaged due to the construction." Original Proposal going throughrees New .t, •� to . . . road FT Property J'r4WW 'I THO '� 1(ya IIV.7, �P DEN D (yellow) O liminated _-____... _-_ x _.._ _ / Q em�enn �e-V) Sind ��n Agenda • Project Proposal • Opinion of Arborist's • View of trees • Cost of replacement of trees • Proposals/Request from Sandlin • Chesterfield's Gain 8/18/2017 P/Jp•ac J Ark bd 'o. Another Tree that will be elimiQn�atted. L L r aS H. SANpp��JJN /PsJz E L SAN N 26na I- '9123 PG4/9 If' 1299 AC. Do Nat Dlslurb 7//6879/48 Brlck Wall and Plant f I M'r- SZ- AA f•ecf 1 Opinion of Arborist-Arborscapes • "Grading, excavating, and soil compaction, close to and inside the root zone of a tree can negatively impact the health of a tree" • "The plan that I was shown on paper, as well as the future work are adjacent to the trees, both supported the potential for negative impact" • "Damage that occurs to trees during the construction process is not always be evident right after the completion of construction. It may take 2 to 3 years for the damage to become obvious" 8/18/2017 Arborist -Wigglesworth Tree Service • "...these trees will die once the construction cuts through and jeopardizes the root system of these mature trees." Leyland Cypress Trees The flag represents the Sandlin's property line ends and easement line begins 2 Proposals/ Suggestions by the Sandlin's • Letter that states Chesterfield County will be responsible for the total cost for replacement of the trees, caused by this construction up to 3 years after construction is completed This will include removal of dead trees Grind stumps and clean up Purchase of new trees Planting of new trees • OR • Compensation for trees up front (would not expect as an option based on if the trees die or not) 8/18/2017 Quotes to Replace the Trees • Tree Removal Remove existing tree Grind stumps $375/tree X 21 $7,875 Tree Planting Purchase of new trees Plant new trees $425/tree X 21 $8.025 Total Cost $16,800 • Tree Removal $4.875 = Removal of dead tree • Grind Stumps • Tree Planting Purchase _ $199x21 $4,179 Planting $6.268 Total Cost $15,422 Original -CHESTERFIELD'S OFFER • We will lose 211,eland Cypress Tree which are 25+ years old • We will lose a 25 year old Evergreen Tree • We will lose another 25 YEAR OLD TREE • No Proof • COMPENSATION OFFERED BY THE COUNTY for Temp Easement (this now has been eliminated) 0$245-34 3 Chesterfield County's Gain • New Subdivisions =Increase of Tax Revenue Cambia Cove- 22o new homes Market Value Purchase Price- $350,000 to $380,000 Approximately New Tax Revenue- $802,650 Did not take into consideration the existing revenue you received on the vacant land Market value can vary with assessed value. QUESTIONS? 8/18/2017 What if this was your property! Is Chesterfield doing the right thing by its citizen? We just want our property to remain as is after all this construction is complete. To whom it may concern: The Genito and Otterdale traffic circle improvement project adjacent to Tom Sandlin's residence (listed below) has a significant possibility to negatively impact the health of his Leyland Cypress trees. The project has a tentative start date of Spring 2018. Tom Sandlin 4000 Hunters Ridge Drive Moseley, VA 23120 Grading, excavating, and soil compaction, close to and inside the root zone of a tree can negatively impact the health of a tree. Grading and excavating may result in significant root loss and added stress to a tree. Soil compaction can result in root damage, and make it more difficult for fine root growth to occur. During my visit with Mr. and Mrs. Sandlin and William A. Webb we discussed the proximity of the future road project to their trees along the roadway. The plan that I was shown on paper, as well as the future work area adjacent to the trees, both supported the potential for negative impact. Damage that occurs to trees during the construction process is not always evident right after the completion of construction. It may take 2 to 3 years for the damage to become obvious. This letter will be the extent of my involvement in this project. Mr. and Mrs. Sandlin consulted with me for my professional opinion on the health of their trees. I am basing my evaluation on my studies at Virginia Tech in Forestry, 6 plus years of experience in arboriculture, ISA certified Arborist certificate, and CVNLA certified horticultura list certificate. Sincerely, { George Hunter Matthews Consulting Arborist Arborscapes LLC Denise Sandlin From: Sandlin, Denise [sanO58@henrico.us] Sent: Friday, July 21, 2017 1:19 PM To: Denise Sandln Subject: FW: Tree Estimate: Sandlin,4000Hunter'sRidgeDr,23120 Attachments: Sandlin, Denise.pdf From: Wiglesworth Tree Service [ma ilto:wiglestump@verizon.net] Sent: Friday, July 21, 2017 1:13 PM To: Sandlin, Denise <sanOS8@henrico.us> Subject: Tree Estimate: Sandlin,4000Hunter'sRidgeDr,23120 Hi Denise, Following is the estimate for costs to remove the Leland Cyprus trees from your property in the event that the construction causes the trees to die. Jimmy agrees with your other Arborist that these trees will die once the construction cuts through and jeopardizes the root system of these mature trees. *** We would appreciate if you Would "Rep'jJ "to this message to confirm it's receipt (not necessary to type a message) -- Thgpt-k You * if you would like to schedule this work, you can reply by email with a message of "acce'lMiltce it/'(/ if, ScheCd"Ie" this wort: or give us a call at 304-408-5-36. Trete KernOvaj� Estimate for: Sandtin, Thomas £t Denise 4000 Hunter's Ridge Dr Mosetey, VA 23120 E-mail: dsarld1H) 'f le.gma;l oo.m (— Description Esti r `i 1.5! -. Project Location: Tree Work - take down approx 20 Leyland Cyprus trees along right side of property All Wood ft Brush Hauled off Grind Stumps -- from cut Leland Cyprus trees -- -- Stump Grindings will be mixed with soil during the grinding process and are not hauled off ............. . �-{ {'tical; .',....d1.N%lt?. �•��ti' F:<FC.�' iIIC'F? �r.x CnntrarMrc l i. 1770.90 70741 ��?tia-R:.lilll'}:`3ECl't>L:I:P.i�lL;i'111:i31=t{LiICa:��'L..::{::.. '�ilc` •f.;l:�a3 1{'1`� _ �. :1t.. ,• li• aC�•:•; ��;:iet.3L': i.� �i' ! T `I'`, `; i1f"{> I�'r.VC"11, ".1d _ ..., . h-1 alm:2tc ih �,lonr�-rEt;=l 'i4 rl:Ell��, 1��c ,< <;f11 t< K.- — _�1 ,n -,E-: pcl�,�;, �{.•i:il�ri;J1IL�.�� .332!{ t'�19Cllit;-'.i-. � t iilti� iCi.E:�' :flli ',.: IYi'I�! tE<.:'I 2 WLQ&6W&r6k Trw Sem Tree & jtump Removal 1202 i Southern Foints Dr Chesterfield, VA Z3L9 38 Estimate for: Sandlin, Thomas Ft Denise 4000 Hunter's Ridge Dr Moseley, VA 23120 I= -mail. riGandlin777ta�nmail-com Estimate # 150651 Date 7/21/2017 Pay» rentsAccepted: I Cash or Check VISA =;uin Foih DISC.: VER nnwniK .r3, Project Location: Description Total Tree Work -- take down approx 20 Leyland Cyprus trees along right side of property 4,875.00 All Wood ft Brush Hauled off Grind Stumps -- from cut Leland Cyprus trees -- -- Stump Grindings will be mixed with soil during the grinding process and are not hauled off 4 Total Safety is our #1 priority. Please mark/advise underground utilities (sprinUers/septic systems/invisible fenceletc). BBB We rarely drop trees or large sections of trees across residential yards for safety and to avoid damage to your property. 84,$75.00 NOW`•` This Fstimate is Void after 3O da s; ricase call to Re -activate Contractors Lic #2705120743 wialeotumpgverizon.net Phone # 804-739-8338 Fax # 804-739-0585 lneaoovepi"X",J(JUULLLVauutI--�.vaiauuv ---i .---.—_ -- - -- -- -- authorized to do the work as specified. Payment will be made in full on completion. Accepted by: Date: MOODY'S CORNER RESTORATION & CONSTRUCTION, L.L.C. 17250 MOODYS CORNER LANE MONTPELIER, VA 23192 804.307.3528 May 22, 2017 Customer: Denise L. Swidlin 4000 Hunters Ridge Rd. Moseley, VA 23120 VCB #2705-076665 CLASS -B CONTRACTOR BLD ENDORSEMENT The following is a per -item proposal by Moody's Corner Restoration & Construction, L.L_C. (!VICRC) to perform tree removal of the existing stand and replanting of Leland Cypress on the northwest property line for 4000 Htmters Ridge Rd., Moseley, VA 23120. Tree Removal (per tree): - Remove existing tree with accommodations made for protection of existing property, passing traffic and traffic control as needed. All tree debris will be removed from site- - Grind stump created from tree removal to include lower base and runner roots. Same accommodations will be made to protect property, passing traffic and provide traffic control as needed. - Stump grindings to be removed from site. Removal Expense: $375 ler tree Tree Planting (per tree): - Auger planting area with a 3 ft. diameter spade and appropriate depth for root ball of tree specimen. - Provide and install 15 gal. Leland Cypress tree (approximately 5-6 ft. tall). - Augment soil per soil analysis for general area. - Stake planted tree in-place with a three-point stake method utilizing wooden stakes and rubber chain bands. - Tree will be watered -in at time of planting. - Provide 3 ft. diameter mulch ring at the base for moisture management. Tree Planting: $425 per tree Cumulative quote for thirty-hvo (32) trees - Tree removal (32 « $375): $12,000 - Tree Planting (32 ® $425): 513,600 Cumulative Project Expense: $25,600 All impacted areas of the property will be returned to pre-existing conditions as part of the stated work. Earth disturbances and rutting will be graded smooth. All graded earthen areas not protected from erosion with mulch will be seeded and strawed in accordance State of Virginia's Responsible Land Disturber Program. Please feel free to contact MCRC with any questions or concerns. Respectfully, Mark D. Cumashot %eCtffnd the skCCof cna tsmanship •wit( the cmd-ition of tinte-honored techniques Sales Order Order #: 100127 CROSS CREEK Status: Pending Order Date: 06/16/17 NURSERY & GARDEN CENTER Sales Rep: Kim Lang Customer #: 128409 Bill To: Denise Sandlin 23114 Ship To: Denise Sandlin 23114 Qty Item # Description Price Ext Price 32 2905 CYPRESS LEYLAND 8-9' $199.00 $6,368.00 1 666 PLANTING $6,368.00 $6,368.00 Merchandise: $12,736.00 Shipping: : $0.00 Total: $12,736.00 Page 1 of 1 6936 Holly Bark Drive Midlothian, Virginia 23112 August 23, 2017 Chesterfield County Board of Supervisors P.O. Box 40 Chesterfield, VA 23832-0040 RE: Proposed revisions of Chapter 15, Schools section, of The Comprehensive Plan for Chesterfield County, Revision 1 CPC (8/15/17), created by Chesterfield County's Planning Commission Dear Esteemed Board Members; When I read the proposed changes for our public schools in "The Comprehensive Plan," I was aghast. What struck me first was the deliberate removal of the words, "equity," "equitably," and "parity' from the planning document. What struck me next, and what is much worse, is how the practices of equity and parity have also been removed from the proposed plan. The proposed revisions to "The Comprehensive Plan" call for the creation of four new schools in an affluent area near the county's newest high school, Cosby High, including two new elementary schools (in addition to Old Hundred Elementary School), one new middle school, and one new high school. Meanwhile, the creation of a new elementary school in the Ruffin MiII/Chester area, would no longer occur, and the creation of a new elementary and a new high school in the Branders Bridge/Matoaca area "may not happen" according to the revised plan. Further, a new technical center planned for the area near Chippenham Parkway and Hull Street, intended to "complement revitalization efforts in the area" has also been removed from the plan. How is equitable to build virtually all new schools in the affluent areas of the county while simultaneously removing planned construction of new schools in lower socioeconomic areas in need of revitalization? In addition to the lack of equity and parity with where new schools will be built, there is another staggering problem. Plans to renovate a total of fourteen aging schools in higher -poverty areas of the county have been removed from the plan pending a "Facility Assessment Study." The decision to remove these already promised renovations is baffling. I am sure studies were already conducted (and paid for with taxpayer money), that determined the need for the revitalizations to these fourteen schools promised in the previous plan. Calling for a new study conveniently means the county can rescind plans to revitalize these schools in higher -poverty areas of the county, including nine elementary schools, four middle schools, and one high school (Community High School in the Chester area, which is now Carver College & Career Academy). Under these proposed revisions, money that would have been spent on renovating schools in higher poverty areas can now be redirected to building schools in the affluent areas of our county. These is no equity or parity in these proposed revisions. In summary, four new schools would be built in affluent areas, three new schools would no longer be built in higher -poverty areas, and fourteen aging schools in higher -poverty areas will not get the renovations they were promised under the previous plan. The revised plan even proposes removing the School Board and Central Office from the older area around the Chesterfield Court House and moving these offices to CTC -Hull, in the booming and wealthy Hull Street Corridor. It seems that the core function of the proposed changes is to direct resources to the wealthy areas of the county while denying promised resources to areas in need of investment and revitalization. The proposed changes would have devastating impacts on students and communities in higher -poverty areas of the county while simultaneously unfairly benefiting students and communities in the more affluent areas of the county. These proposed changes lack any adherence to the principles of equity and parity, and I am here to ask for the Board's help in remedying this injustice. I strongly encourage the esteemed members of the Board to send these revisions back to the Planning Commission and insist they restore the focus on equity and parity and make changes to their proposed revisions consistent with this renewed focus. Thank you for your time, attention, and hard work for the citizens of Chesterfield County. Best regards, Sarah Wolfgang, MEd. Post -Script: For historical background, I feel it is important to point out that the 2013 bond referendum was passed for the purpose of funding parity and equity and, among other things, to equalize our schools. The 2012 Comprehensive Plan states plainly that, "The public sector's role for ensuring long-term stability and supporting a high quality of life is to provide equitable distribution and efficient allocation of public resources. Provision of equitable public services will promote investment and reinvestment in aging and maturing areas." Provision of govemment services should not depend on where you live in the county or how much you pay in taxes. It is unjust to have differentiated levels of service, and it damages Chesterfield County in the long-term. Poorer citizens have been increasingly isolated as a direct result of decisions made over the past two decades. The Comprehensive Plan talks about revitalization but ignores the vital role school revitalization can play in incentivizing investment in our struggling communities. Source: "Chapter 15: the Public Facilities Plan, Schools," Moving Formrd ...The Comprehensive Plan for Chesterfield County REVISION 1 CPC (8(15117), PF 30 -PF 53. CC: Chesterfield Planning Commission, P.O. 40, Chesterfield, VA23832-0040 Source: https://equitysocialjustice12.wikispaces.com/file/view/Equity-vs-Equality2. png/591661882/752x470/Eq uity-vs-Equality2. png r CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: August 23, 2017 Item Number: 16.A. Subject: Public Hearing to Amend Section 13-51 of the County Code to Grant an Exemption from Local Vehicle Registration Fees to Qualifying Antique Vehicles County Administrator's Comments: County Administrator�� Board Action Requested: Hold a public hearing and adopt amendments to Section 13-51 of the County Code pertaining to a local license fee exemption for qualifying antique vehicles. Summary of Information: The General Assembly amended the Code of Virginia to prohibit localities from imposing local license or registration fees on motor vehicles, trailers, or semi -trailers that qualify and are licensed as antique vehicles pursuant to State law. On June 28, 2017, the Board voted to hold a public hearing to amend the County Code in accordance with'this mandatory change. Accordingly, staff recommends adoption of the proposed ordinance amendment after the public hearing. Preparer: Jeffrey L. Mincks Title: County Attorney 1333:9881.7.1 (98460.1) Attachments: 0 Yes 1-1 No tC _12 2 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 13-51 RELATING TO EXEMPTION FROM REGISTRATION FEE FOR QUALIFYING ANTIQUE VEHICLES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 13-51 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 13-51. - Required; exceptions. (a) An annual registration fee is hereby imposed upon every motor vehicle, trailer or semitrailer normally garaged, stored or parked in the county. (b) The provisions of this article shall not apply to the following: (1) Any vehicle exempted by the provisions of Code of Virginia, §§ 46.2- 663--46.2-683, as amended, and Code of Virginia, § 46.2-755, as amended; (2) Any vehicle licensed pursuant to Code of Virginia, § 46.2-750, as amended; or, (3) Any vehicle otherwise exempted by state law. (c) A registration fee will not be charged on: (1) Vehicles owned by a volunteer rescue squad; (2) Vehicles owned by a volunteer fire department; (3) Vehicles owned or leased by a volunteer police chaplain. However, only one vehicle owned by the chaplain may qualify for the exemption provided by this subsection; (4) Any vehicle displaying special permanent plates as approved and issued by the department of motor vehicles pursuant to Code of Virginia, § 46.2- 739, as amended, to veterans with service -connected disabilities; (5) Vehicles owned or leased by an active member or active auxiliary member of a volunteer rescue squad, a volunteer fire department, or an auxiliary police unit; provided that the member submits to the treasurer a certification, signed under oath by the chief or head of the member's volunteer organization, certifying the member's active membership for the six-month period prior to the registration fee being due and payable. 1333:98460.1 However, only one vehicle owned by the member may qualify for the exemption provided by this subsection; (6) Vehicles owned by members of authorized police volunteer citizen support units who have served at least ten years in the county; (7) Vehicles owned by any of the following who served at least ten years in the county and end their service to the county after November 12, 2008: former members of volunteer rescue squads, former members of volunteer fire departments, former auxiliary police officers, former members of authorized police volunteer citizen support units, former volunteer police chaplains, and former volunteer special police officers appointed under Code of Virginia, § 15.2-1737; (8) Vehicles owned or leased by deputy sheriffs; however, no deputy sheriff shall be issued more than one such license free of charge; (9) Vehicles owned or leased by police officers; however, no police officer shall be issued more than one such license free of charge; (10) Vehicles owned or leased by officers of the state police; however, no officer of the state police shall be issued more than one such license free of charge; (11) Vehicles owned or leased by salaried firefighters; however, no salaried firefighter shall be issued more than one such license free of charge; and (12) Vehicles owned or leased by salaried emergency medical technicians; however, no salaried emergency medical technician shall be issued more than one such license free of charge. (13) The motor vehicle, trailer, or semi -trailer qualifies and is licensed as an antique vehicle pursuant to Code of Virginia § 46.2-730. (2) That this ordinance shall become effective immediately upon adoption. 1333:98460.1 2 Advertising Affidavit 300 E. Franklin Street Richmond, Virginia 23219 (804) 649-6208 COUNTY OF CHESTERFIELD BOARD OF SUPERVISORS P.O. BOX 40 9901 LORI RD. CHESTERFIELD, VA 23832 Account Number 3005440 Date August 16, 2017 Date Category Description Ad Size Total Cost 08/16/2017 Meetings and Events TAKE NOTICE Take notice that the Board of Supervisors of Ch 2 x 20 L 197.40 TAKE NOTICE Take notice that the Board of Supervisors of Chesterfield Counfy, Vir• ginia, at an adjoumed meeting on Wednesday, Aught 23, 2017 at 6 pa in the County Public Meeting Room at the Chesterfield Administration Building, Route 10 and Lori Road, Chesterfield, Virginia, will hold a pub- lic hearing where persons may appear and present their views concern. Anordinance to amend Couri Code Section 13.51 relating to exemp• tions from the motor vehicle license fee forqualifying Aquevehicles. A copy of the ordinance is on file in the County Adromistrator's Office and the Clerk to the Board's Office (Room 504) at the lane B. Ramsey Administration Building, 9901 Lori Road, Chesterfield, Virginia, for public examination between the hours of 830 a,m, and 5.00 pm. of each regu. lar business day, The hearing is held at a public facility designed to be accessible to per. sons with disabtldies, Any persons with questions on the accessibility of the facility or the need for reasonable accommodations should con. tactlarlce Blakley, Clerkto the Board, 974.1200. Persons needing in, terpreter services for the deaf must notify, the Clerk to the Board no lat• er than friday, August 18, 2017, Publisher of the Richmond Times -Dispatch This is to certify that the attached TAKE NOTICE Take notice t was published by the Richmond Times -Dispatch, Inc. in the City of Richmond, State of Virginia, on the following dates: 08/09, 08/16/2017 The First insertion being given ... 08/09/2017 Newspaper reference: 0000578537 Sworn to and subscribed before me this Notdry Public Supervisor State of Virginia City of Richmond My Commission expires Kimberly 8. Harris NOTARY PUBLIC Commonwealth of Virginia Notary Registration Number 356753 Commission Expires January 31, 2021 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: August 23, 2017 Item Number: 16.113. Subject: PUBLIC HEARING: Ordinance to Vacate a Portion of Deergrove Road, State Route 7333 County Administrator's Comments: County Administrator:_ Board Action Requested: Adopt an ordinance to vacate a portion of Deergrove Road, State Route 7333. Summary of Information: Mach 39, LLC, has submitted an application requesting the vacation of a portion of Deergrove Road, State Route 7333. This request has been reviewed by county staff. The vacation is for the Hy -Tech development in Clover Hill Industrial Park. Easements will be retained. Approval is recommended. District: Clover Hill Preparer: John W. Harmon Title: Real Property Manager Attachments: 0 Yes F-1 No VICINITY SKETCH PUBLIC HEARING: Ordinance to Vacate a Portion of Deergrove Road, State Route 7333 NIP"— m FW 9 w! 0 IN Ms FWTM I I FieW I N ChaastnrfieW County Depadment of Utilities dlmlab. I AdKmwmk W mp b2l, w RS14 �,s A kg HIPIAOR, IR Mi?t-, OSE 11z" z G) Q"I ZZ 5 ZT asd %8 R (Ave 09 -930 7) 77/Hy PIZ v 3NV7o £L1 '00.iTs R: EMUS 4-- - LJ "K Z2. 60 1 \ QZ 2i im ql 7 17 —Ij7! ol 177 r— 2 4Y n 5l'o/36D 00 16238, H L 0 00 0 < a 90 cs 8100901) OFO qqpgo t"o 4 99 C,Irl-, ;�Ii IS 1 131 0 P i o goo Iwo Z =W L 09)40,02 -171HY-430 Z.9 .1y 3NVI 9- — �� a 17 g-IZ OO..frs 00, Wzj v h_c?,Avj 90 cs 8100901) OFO qqpgo t"o 4 99 C,Irl-, ;�Ii IS 1 131 Advertising Affidavit CHESTERFIELD COUNTY RIGHT OF WAY OFFICE 9840 GOVERNMENT CENTER PKWY. P.O. BOX 608 CHESTERFIELD, VA 23832 300 E. Franklin Street Richmond, Virginia 23219 (804) 649-6208 Account Number 6025752 Date August 16, 2017 Date Category Description Ad Size Total Cost 08/16/2017 Meetings and Events TAKE NOTICE That on August 23, 2017, at 6:00 p.m. or as so( 2 x 19 L 186.00 TRK 01a That aI klgosf 2011, d Itis p nl a a5 saotl diaEatt� a< may bE heard tla lied d SupQrvsas d lll�tefidd Cwnty at i r¢goliir medirg p� a � Pu6liolieEi Rrom d gt«t�ir!IdCoulty, Vr• gida, wG corsitla thet�brrill trace �r atia�tiorl: AN OR�IWi!E to matt a pxtim d Road, as down Ma ydal by Bake and Assoaate~ hic, ddb Sepberll 2l. IOlfa reVaod S�Itt?laba 23, X16, u ad 6odc N1, Pad 31, in tlIe ggk's �(:�, CF• gilt Cook aa'd4 Couly, Y'a. Manatim re to Way dfia n 'efed Candy, �9b� rd may be ezalnir�d by dl hterdfed parCes beir�tn the Imus d � am and �t0 pm, lbrday Urdghfriday TIu s hdd M P*c favfdpp dt5iglecf to be aaess& to pe< sens es.Any ptrsaawih IpdaK onNacusrblod btac" areedfal�a�leatxoramoda6orashoiddtardacttlao- ice iG ey, qdk b the Baard d 148 i280. Persons nee�rg pW,erwasforkdeiMnAtkCOtDNBMnoldet ;hal1ko1B,xa Publisher of the Richmond Times -Dispatch This is to certify that the attached TAKE NOTICE That on Augus was published by the Richmond Times -Dispatch, Inc. in the City of Richmond, State of Virginia, on the following dates,: 08109, 08116/2017 The First insertion being given ... 08/09/2017 Newspaper reference: 0000587282 Sworn to and subscribed before me this Palo Nota Public Supervisor NOTARY PUBLIC Virginia c°Mmonwe4tmofVirglme State of Vir g Notary Registretbn NuMW 356753 City of Richmond commissionExOresJanuary 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: August 23, 2017 Item Number: 16.C. Subiect: PUBLIC HEARING: Consider the Sale of Industrial Park, Section B County Administrator's Comments: County Administrator: Board Action Requested: Property in Chesterfield County Approve the sale of a portion of Parcel Number 763 674 4474 5.3 acres, more or less, to Bradley Mechanical Company, LLC acre and authorize the Chairman of the Board of Supervisors Administrator to execute the deed. Summary of Information: 00000 containing for $55,000 per and the County Economic Development has negotiated a contract to sell a parcel of land containing 5.3 acres, more or less, within Chesterfield County Industrial Park, Section B, for $55,000 per acre. Bradley Mechanical Company is currently located in the airpark but needs to expand. They will be building a 25,000 square foot building for their 50 employees. A public hearing is required to convey county property. Approval is recommended. District: Dale Preparer: John W. Harmon Title: Real Property Manager Attachments: Yes —1 No F M I i IL I I VA16. 124 A PUBLIC HEARING: Consider the Sale of Property in Chesterfield County Industrial Park, Section B PROPERTY TO BE SO�LD "A in 1<1; 0 0 N ChestErfield County DepadmEnt of Utilities Adcjr-46L W*E mp 5 Advertising Affidavit 300 E. Franklin Street Richmond, Virginia 23219 (804) 649-6208 CHESTERFIELD COUNTY RIGHT OF WAY OFFICE 9840 GOVERNMENT CENTER PKWY. P.O. BOX 608 CHESTERFIELD. VA 23832 Account Number 6025752 Date August 16, 2017 Date Category Description Ad Size Total Cost 08/22/2017 Meetings and Events TAKE NOTICE That on August 23, 2017, at 6:00 p.m. or as soc 2 x 17 L 91.50 TAk W11 Thd m AIM Z"' 2017' ai 5% pm or 6 W WK is W1 heard h Board of WAS d Chesty N Coin at t *1 Mitt 0 h theNiklk" ROW, I Ch1 MOA up,Vf- giria w1 i al k ftp sale d a 000 of a pa>� o119d denoted as Rih; 76?',?4447OR n tk (6t�60 Cly InduSfri Park, 5Cbo1B. N im reoadog the sak L; or, ft � tk �t'O d Was 02 in Wiidd , �* ald may be wired by of into d w65 boa the rais of 0 as and 52 p•rrt, WY 8rolgil Fiday. Thehkan ist�ld of aicfacY desilg lobe atcessibk topFr solr;r�ti�sa.Ary pdsooswlh�latior� anlf�aaessi�ity d the �I. Of I�f�d f a rpS0112bk aCC�Cpdab�S �gUld WI1taC brl' pek tote Bwa at 7412M. Persa� r�eedplg nl� tot U�R6rrAlsolz V h deaf Inulr�Ei h Clerk he Board � � Publisher of the Richmond Times -Dispatch This is to certify that the attached TAKE NOTICE That on Augus was published by the Richmond Times -Dispatch, Inc. in the City of Richmond, State of Virginia, on the following dates: 08/16/2017 The First insertion being given ... 08/16/2017 Newspaper reference: 0000591405 Sworn to and subscribed before me this Nota Public9" Supervisor State of Virginia City of Richmond My Commission expires Klmberty 13. Harris NOTARY PUBLIC Commonweatth of Virginia Notary Registration Number 356753 Commission Expires January 31. 2021 THIS IS NOT A BILL. PLEASE PAY FROM INVUIct. t MANN T UU CHESTERFIELD COUNTY BOARD OF SUPERVISORS Pagel of 6 AGENDA 174 Meeting Date: August 23, 2017 Item Number: 16.11). Subject: Public Hearing to Consider Appropriation of Funds and Authorization to Execute Agreements and Proceed with Design and Right -of -Way Activities for the Route 288 Southbound (SB) to Route 360 Westbound (WB) Ramp Improvements and Park and Ride Lot Project, Route 10 (Whitepine Road to Frith Lane) Widening Project, and Route 360/Spring Run Road Intersection Improvement Project County Administrator's Com County Administrator: Board Action Requested: The Board is requested to hold a public hearing to consider appropriation of $33,361,500 in anticipated VDOT reimbursements for the projects and authorization for the County Administrator to execute VDOT/County, design/right-of-way/construction agreements and begin design and right-of- way acquisition for three projects: Route 288 SB to Route 360 WB Ramp Improvements and Park and Ride Lot Project ($14, 561, 500), the Route 10 (Whitepine Road to Frith Lane) Widening Project ($15,200,000), and the Route 360/Spring Run Road Intersection Improvement Project($3,600,000). Summary of Information: The Commonwealth Transportation Board (CTB) has approved SMART SCALE funds for the Route 288 SB to Route 360 WB Ramp Improvements and Park and Ride Lot Project. The Richmond Regional Transportation Planning Organization (TPO) has approved Regional Surface Transportation Program (RSTP) funds for the Route 10 (Whitepine Road to Frith Lane) Widening Project and Congestion Mitigation and Air Quality (CMAQ) funds for the Route 360/Spring Run Road Intersection Improvement Project. No county funds are involved with these projects. Preparer: Jesse W. Smith Title: Director of Transportation Preparer: Matt Harris Title: Director of Budget and Management Attachments: 0 Yes ❑ No CAESTERFIELD COITIAM 9 BOARD OF SUPERVISORS Page 2 of AGENDA Summary of Information: (Continued) In order to accelerate these projects, staff proposes to manage the associated design, right-of-way acquisition and construction activities. As a result, a VDOT/County design/right-of-way/construction agreement, similar to those the county has executed in the past, will be necessary. Under the terms of the agreement, the county will perform the various activities and be reimbursed by VDOT. Anticipated VDOT reimbursements, $33,361,500, need to be appropriated to the projects. The amount of anticipated VDOT reimbursements which need to be appropriated by the Board is greater than one percent of the county budget; therefore, a public hearing must be held to take this action. Recommendation: Staff recommends that, following the public hearing, the Board take the following actions for the Route 288 SB to Route 360 WB Ramp Improvements and Park and Ride Lot Project, Route 10 (Whitepine Road to Frith Lane) Widening Project, and Route 360/Spring Run Road Intersection Improvement Project: 1. Appropriate $14,561,500 in anticipated VDOT reimbursements to the Route 288 Southbound to Route 360 Westbound Ramp Improvements and Park and Ride Lot project, $15,200,000 in anticipated VDOT reimbursements to the Route 10 (Whitepine Road to Frith Lane) Widening project, and $3,600,000 in anticipated VDOT reimbursements to the Route 360/Spring Run Road Intersection Improvement project; 2 Authorize the County Administrator to enter into the customary VDOT/County agreements/ contracts, permits /mitigation agreements, and surety agreements, acceptable to the County Attorney; 3. Authorize the County Administrator to proceed with the design and right- of-way acquisition, including advertisement of an eminent domain public hearing if necessary and to accept the conveyance of right-of-way and easements that are acquired; 4. Authorize the Chairman of the Board of Supervisors and County Administrator to execute easement agreements for relocation of utilities; and 5. Authorize the Director of Purchasing to proceed with the advertisement of a construction contract for each project. District: matoaca, Dale and Clover Hill Route 288 SIB to Route 360 WB Ramp Improvement and Park and Ride Lot Project (1 of 2) 1 OWN �y/ Proposed Ramp Improvements -W.,oute 288 SIB to Route 360 WB Ramp Improvements and Park and Ride Lot Project (2 of 2) Proposed Park and Ride Lot Gr.`Ga� e teen et G0' G Route 288 SB to Route 360 14, a M-11031 2 N 2 10.1111 eel: a I Date Source Amount $1,530,000 PROPOSED: Anticipated VDOT $500,000 8/23117 Reimbursements $14,561,500 $946,500 (SMART SCALE Funds) $14,561,500 TOTAL $14,561,500 PROJECT ESTIMATE Preliminary Engineering $1,585,000 Right -of -Way & Utility Relocation $1,530,000 Construction Engineering $500,000 Construction $10,000,000 Construction Contingency $946,500 Total $14,561,500 Noute 10 (Whitepine Road to Frith Lane) Widenina Proiect Fe mfoop, si*lto .41 mm Courthouse Rd Lucy Corr Blvd Frith IL 40, 8,00 1,600 Feett 0M M- [1XV-11 MMIM Z- =*. q U*71 9M M PROJECT BUDGET Date Source Amount 8/23/17 PROPOSED: Anticipated VDOT Reimbursements $ 15,200,000 Construction (Regi nal Surface Transportation Program Funds) Construction Contingency $1,000,000 TOTAL $15,200,000 PROJECT ESTIMATE Preliminary Engineering $1,500,000 Right -of -Way & Utility Relocation $2,500,000 Construction Engineering $700,000 Construction $9,500,000 Construction Contingency $1,000,000 Total $15,200,000 Route 360/Spring Run Road Intersection Improvements Proposed Turn Lane Route 360/Spring Run Road Intersection Improvements PROJECT BUDGET Date Source Amount 8/23/17 PROPOSED: Anticipated VDOT Reimbursements $ 3,600,000 Construction (Congestion Mitigation and Air Quality Funds Construction Contingency $415,000 TOTAL $3,600,000 PROJECT ESTIMATE Preliminary Engineering $ 300,000 Right -of -Way & Utility Relocation $540,,000 Construction Engineering $160,000 Construction $2,185,000 Construction Contingency $415,000 Total $3,600,000 Rzfcbmonb almes-Nspatdj Advertising Affidavit 300 E. Franklin Street Richmond, Virginia 23219 (804)649-6208 COUNTY OF CHESTERFIELD BOARD OF SUPERVISORS P.O. BOX 40 9901 LORI RD. CHESTERFIELD, VA 23832 Account Number 3005440 Date August 16; 2017 Date Category Description Ad Size Total Cost 08/22/2017 Meetings and Events TAKE NOTICE Take notice that the Board of Supervisors of Ch 2 x 20 L 105.00 TAKE NOTICE Take notice that the Board of Supervisors of Chesterfield County, Vir pia, at an adjourned meeting on Wednesday, August 23, 2017 at 6 p.m. in the County Public Meeting Room at the Chesterfield Administration Building, Route 10 and Lori Road, Chesterfield, Virginia, will hold a pub. lic hearing to consider; Appropnatlon of b33,631 S00 in anticippatEd Vrginia Department of Transpartahon reimbursements for the following projects: Rahe 288 Southbound to Route's60Westbound Ramp Improvements and Park and Ride Lot Project, Route 10 (Whitepine ROad to frith Lane) Widinlir� Project, and Route 3601Spring Rur� Road Irdersection Improvement Project. If !on De parhment at (804) 746.1031. The hearing is held at a public facility designed to be accessible to per• sons with disabilities Any persons with questions on the accessibility of the Wity or the need for reasonable accommodations should con. tact Janice Blakley, Clerk to the Board, at 74-1200, Persons needing in• terpreter services for the deaf must notify the Clerk to the Board no lat• er than Inday, August 18, 2017. Publisher of the Richmond Times -Dispatch This is to certify that the attached TAKE NOTICE Take notice t was published by the Richmond Times -Dispatch, Inc. in the City of Richmond, State of Virginia, on the following dates: 08/16/2017 The First insertion being given ... 08/16/2017 Newspaper reference: 0000591809 Sworn to and subscribed before me this 90'01Supe isor Not Public State of Virginia City of Richmond My Commission expires Kimberly S. Harris NOTARY PUBLIC Commonwealth of Virginia Notary Registration Number 356753 Commission Expires January 31, 2021 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: August 23, 2017 Item Number: 19. Subiect: Closed Session County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Closed session pursuant to 1) Section 2.2-3711(A) (3), Code of Virginia, 1950, as amended, to discuss the acquisition by the County of real estate for a public purpose where discussion in an open meeting would adversely affect the bargaining position and negotiating strategy of the County; 2) Section 2.2- 3711(A) (5), Code of Virginia, 1950, as amended, to discuss prospective industries locating in the County where no previous announcement has been made of the industries, interest in locating in the County; and 3) Section 2.2-3711(A)(1), Code of Virginia, 1950, as amended, relating to the performance of a specific County employee. Preparer: Jeffrey L. Mincks Attachments: 1:1 Yes E No Title: County Attorney 0425:98836.1 0002TI CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA 71 Meeting Date: August 23, 2017 Item Number: 20. 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 September 27, 2017, at 3:00 p.m. in Room 502 at the County Administration Building. Preparer: Janice Blakley Attachments: 1:1 Yes Title: Clerk to the Board 0 No #