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2017-11-15 PacketCHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 15, 2017 Item Number: 3.8. Subiect: Smart Beginnings Greater Richmond Presentation County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Smart Beginnings Greater Richmond is a partnership among public and private agencies, businesses, and individuals serving the cities of Richmond, Colonial Heights, as well as Chesterfield, Charles City, Goochland, Hanover, Henrico, New Kent and Powhatan counties. The partnership works to enhance the quality of early childhood care and learning for young children, so they will be well prepared to ultimately enter the workforce. Smart Beginnings and its regional partners recently launched the Regional Plan for School Readiness 2017-2020. The Regional Plan was developed through a collaborative process that engaged more than 250 participants from 110 public and private organizations across Greater Richmond. The Board of Supervisors adopted a resolution of support for the Regional Plan in April 2017. Ms. Gail Johnson, chair of the Smart Beginnings board of directors, will review the plan, provide highlights of a partnership with Chesterfield County, and answer questions Board members might have about the organization's work. Preparer: Sarah Snead Title: Deputy County Administrator for Human Services Attachments: ® Yes No #000001 '= m m Cr O t V m -C V � LUr �«4t� # X1100006 �Iliaoe'108 0 I "X 4-1 CL CL cu I Luu L IRI M, 1101,1001 _0 C: ro 0 C: _0 C: 0 -0 its c ra V) 0 Ln Ln 0 Ul) V) I— m V) Ln I.... 0 L- 0 0 V) 01-V) ro .5 0 > CL Q- D -0 Ul) Ln > (1) (3) D MV) c ro 0 Ct D 0 0U > Ul) -0 -0 c L- 4- V) 4- 0 4- 0 Ln I- ro L- (D D 0 0 _0 0 0 co 0 co u LI) L- ru ro 0 0 >1 4- 0 ru 0 1- ra 0 0 c CO IA 4-1 4-J u co 0 0 0 a D Ln >1 4-d u 0 U 0 0 C: 41 D t� u 'E C: c D to -70 (a L- (3) 0 co m (3) ru 4-J 0 0 0 V) �E _0 > 0 ro -C -0 its 0 0 0 0 0 cr 0 0 0 0 U W u 0 u U) U m u ca m LA Ln Z V) CL tel cj� 0 - Ln 0 0 w w 0 -7v > E C: m — 4-J ro 4-J m Q) :D 0 z —0 air 0 -0 <QU U 0 D C: m D0 — E Ln V) 0 U 0 (V n ro 0 E a) -o u 'cn E -d o u D Ln , N4 D C < u U Lu �n E — E C-0 > 0� -0 Ln co u7 a o� L- E -o :Lj Q) as .- co u _0 H C:� — Q) C E C u Ln > ro -Y, c It (- 0 ro E 0 u E Q) —L u c: Ln -o a) " -0 4-J 2�' 4-d > 0 0 . t- C: u CK- u u w u < u u u U- 1101,1001 1 10001, ull� M V) Ln 0 ru 0 C: L- 0 Q- C: 0 t t 0 ai 0 C: CL Ln > _0 0 ro 4-J 0 0 C L- Ln 4-J 0 0 >1 D t 0 ru D M C: 0 < 1 10001, ull� m 0- E E E 0 M Ln E �\ POP` m 0- E E E 0 M Ln E �\ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 15, 2017 Item Number: 3.C. Subiect: Department of Community Enhancement - Overview of Programs and Services County Administrator's Comments: 7 County Administrator: Board Action Requested: Summary of Information: Mr. Kirk Turner, Community Enhancement Director, will update the Board of Supervisors regarding the programs and services of the Department of Community Enhancement. Preparer: Kirk Turner Attachments: Title: Director of Community Enhancement 0 Yes ❑ No aG4�r,�r �t pout 6 Mission 11/8/2017 302o 11/8/2017 k`�'00021. 11/8/2017 Community Partnerships WHO WE ARE ACCOMPLISHMENTS ❖ SERVICES CHALLENGES ❖ DIRECTIONS ,'jrye,2 11/8/2017 0) a CIV () 2 a 11/8/2017 11/8/2017 t 11/8/2017 11/8/2017 11/8/2017 Wo 11/8/2017 �Illollricllll 1"115 AL, 11 11/8/2017 (� Ol 0 ul 3 0 17M Goals: 2019 a id Beyond Practical Ideas ,,f Home Owner/Buyer Assistance AfF, 0 Home Repair I Foreclosure Prevention 'fY%', 0 Hniming Prniprt Rpvipw Afo* 11/8/2017 14 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: November 15, 2017 Item Number: 3.D. Subiect: Work Session - Chesapeake Bay Total Maximum Daily Load (TMDL) Update County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Mr. Scott Smedley, Environmental Engineering Director, will update the Board of Supervisors regarding potential policy changes to the Chesapeake Bay model that could impact Chesapeake Bay TMDL nutrient allocations for the state and county. Preparer: Scott Smedley Attachments: 0 Yes 1-1 No Title: Director of Environmental Engineering , 1 �3o, 4) 0 L" a Chesapeake Bay TMDL Update November 15, 2017 • ll 1 ••' knia re wg.4 * Key policy decisions in December 2017 Conowingo dam on Susquehanna River in Maryland 0 Sediment infill — increased loads to Chesapeake Bay 0 Climate change/sea level rise 11/2/2017 ��',""0042,34 1 11/2/2017 111) 4i 110 a 5- Q Climate change/sea level rise Increased water ternp Sea level rise actually decreases hypoxia in the bay 1.08 1,06 1 _04 Bay 1.02 Mainstem Hypoxia I (km) 0.98 0.96 0.94 0.92 Base Case Increased Loads Increased Loads + Sea (2025) I.,cvcl Effect 6 (2025) 11/2/2017 3 eciddensation and atrrlo%phoric storage decreased winter storage in ico/srfow f a"�'Iwwallklw' fall "Pilat ioll elrlcd rcr"s rrv�lfjmeea�rqva poraborl i� ty Ae Increased water ternp Sea level rise actually decreases hypoxia in the bay 1.08 1,06 1 _04 Bay 1.02 Mainstem Hypoxia I (km) 0.98 0.96 0.94 0.92 Base Case Increased Loads Increased Loads + Sea (2025) I.,cvcl Effect 6 (2025) 11/2/2017 3 11/2/2017 Chesapeake Bay Model & Planning Targets Important dates • December 19-20, 2017 • Final decision on how to address Conowingo dam and climate change in CBM 6 • December 22, 2017 - draft planning targets • May 7, 2017 - release of final planning targets M 11/2/2017 1,1211,00-333 11/2/2017 11/2/2017 11/2/2017 11/2/2017 ,11, I, �fl-� 11/2/2017 17H 11/2/2017 11 C?iESTERFIELD ••HITT 'TIOARD OF ' : ' • AGENDA Page 1 of 1 Meeting Date: November 15, 2017 Item Number: 3.E. Subiect: Work Session - Human Resources Annual Report for Fiscal Year 2017 County Administrator's Comments: County Administrator: Board Action Requested: Hold a work session to present the Human Resources (HR) FY17 Annual Report to the Board. Summary of Information: Mary Martin Selby, Director of Human Resources, and Nancy Brooking and Candace Lackey, Assistant Directors, will present HR's FY17 Annual Report to the Board of Supervisors, and HR staff will be available to answer questions. Preparer: Mary Martin Selby Title: Director of Human Resources Attachments: ■ Yes F-1No # °0 0 X45 11/8/2017 Human Resources Fiscal Year 2017 Annual Report Presentation to the Board of Supervisors November 15, 2017 HR Vision &Objectives Vision To Provide HR Programs and Services in Support of a H�gfi-peifiorming Workforce and Organizational Excellence Objectives Attract and retain quality employees Provide an attractive total rewards package Promote and encourage employee engagement and empowerment Partner with customers to create business solutions that meet their needs TTn Page 1 P,d Introduction 1-5,Tp/O�ee 7 11/8/2017 Page 2 11/8/2017 Workforce Demographics Page 3 MffngLChesterfield County Workforce Statistics 3000 2619 2603 2612 2648 2603 2500 11 loz") 2000 go, V.) N, 78./ 0) ? 1500 1000 712 736 785 815 500 2100 22-4[ 2 4 '/p) is IM 11 0 FY13 FY14 FY15 FY16 FY17 m FT Non Minority Employees M FT Minority Employees Page 3 11/8/2017 Workforce Demographics Gender & Race by Division Public Safey ManAgeinow ' ervice,,, NMI Hmnan Sen'qces IMIM finance Adndnmation' SO, Conswwi'plal Offi, es I (omrruniy Dowk�jpmont KUKI/111 0 200 400 6(X) SW 1000 1)00 1,100 1600 Wvlal(pMirlor4 MMleNonfoinofity 'IffFemjdemmowy Female Non-MinoOy -For reporting purposes, Finance& Administration includes HR, County Attorney and Internal Workforce Demographics Page 4 Promotion Trend - Women and Minorities S (), (K.) % 44,20% 45.00% 45M% QCK.)% 36,36'/c 35 (X)% 30.00% MCC% 23,91% . . ....... 25. W% 220 CX)9/o 16,08% FY15 FY16 FY17 Page 4 11/8/2017 Recruitment and Talent Acquisition 1l 161 zb /A i 425 Full Time FY1 6: 472 Advertisements tFV16:911 51,275 z Applications I -M Mw -e- 372 Part Time 1+ FVI 6: 413 Processed FVI 6: 49,981 iii o Senior Leader 59 Veterans Recruitments Hired Top 4 Reasons Applicants . ..... Select Chesterfield County as a Place to Work Recruitment and Talent Acquisition FY13 FY14 FY15 FY16 FY17 Page 5 11/8/2017 Recruitment and Talent Acquisition Total Payroll Compensation IIIS.553,748 M/l/l/a/m/ Page 6 Compensation 11/8/2017 Chesterfield County Overtime Expenditures $10,0x,ow $8,(X)0,fX)0 $6,00),C�)o $7,853,763 $8,420,853 $8,594,422 $4,000,000 52,0001000 50 FY14 HIS FY16 FY17 Health and Dental Benefits - County Over 65',�'�VU Under 6, 563 Summary of Offerings o Lumenos HDHP — Designed to empower you to take control of your health, including the dollars you spend on healthcare for you and your family. c Healthkeepers POS2L; —This plan is like an HMO, because you are required to obtain most of your healthcare services from your PCP (Primary Care Physician). Page 7 11/8/2017 Health Care Rates TH,Y LY 'A �T , Full-time 211/1 Employees Total Employer Employee Enrolled HK 25 OA POS Employee Only $630.00 $565.00 $65.00 1,540 Employee + Child $1,010.00 $718.00 $292.00 314 Employee + Children $1,232.00 $789.00 $44100 214 Employee + Spouse $1,232.00 $789.00 $443.00 204 Family $1,862.00 $1,197.00 $665.00 434 HSA Employee Only $578.00 $556.00 $22.00 210 Employee + Child $924.00 $718.00 $206.00 20 $1,587.00 Employee + Children $1,127.00 $789.00 $338.00 18 Employee + Spouse $1,127.00 $789.00 $338.00 21 Family $1,703.00 $1,197.00 $506.00 71 PPO Employee Only $813.00 $565.00 $248.00 Employee + Child $1,301.00 $718.00 $583.00 mployee + Children $1,587.00 $789,00 $79&00 Employee + Spouse $798.00 Family $2,400,00, $1,197.00, $1,203.00 , 1 Health Care Benefits -Trends $1,587.00 $78900 Lumenos High Deductible Health Plan w/HSA - Enrollment steadily increasing - Aggressively marketed this year - Expect enrollments to increase Page 8 11/8/2017 Wellness Incentive Results • Employee age range: 3o-64 • Lab work to test for cholesterol and glucose levels • Well-being assessment • Most noted results: • BMI: overweight/obese • Blood Pressure: Prehypertension &Hypertension Unhealthy eating • Stress Services Coordinated clinics to provide 3,936 flu shots to employees, retirees and spouses Page 9 3,229 Wellness Visits - 20% + 1,042 Physical Exams 1,062 Occupational Injuries 269 Radiology (x-rays) Employee 39% + in return -to -work physicals Medical 6.4 lost work days per Center 100 employees injured on the job Services Coordinated clinics to provide 3,936 flu shots to employees, retirees and spouses Page 9 VRS Retirement Outlook 0 3.o6 Service Retirements 0 9 Disability Retirements 0 25% Increase from FY16 0 73 Retirees Working in Part-time County Positions 0 353 Employees Eligible for Full Retirement in FY18* Other Retirement Outlook BE 0 44% Enrolled * 1.5% Increase in Plan Assets ($126,401,523) * Deferrals Increased 5% from 11/8/2017 Page 10 11/8/2017 Employee Assistance Program Utilization Rate Same as FVI 6 76% 40% Employee 60% Male Utilization Female Utilization Utilization Utilization 6% Dependent Spouse Utilization Utilization Q0 '.003 Page 11 22,449 POCK" b. 11/8/2017 Page 12 Turnover 11/8/2017 Chesterfield County Turnover Trend 0.12 1. Myjob provides the opportunity 0.1 1o ii 0.08 work. 0.06 0.04 43% 31 jr 0.02 0 Favorable Norms National Norms 1 FY15 FY16 FY17 Vi Vo lu n ta ry Tu rnover Involuntary Turnover ffiTotalTurnover Retention Top Reasons They Stay Work Environment 1. Myjob provides the opportunity Employee Engagement Survey to do challenging and interesting work. 0 2014 Results 2. 1 am treated with respect as an County us National PublicSector individual. Favorable Norms National Norms 1 1 feel proud to work for Norms 67% 671�., 80/6 6 3 4% Chesterfield County. My job makes good use of my skills and abilities. Page 13 Retention 2oi6 Committee Guidelines Since 2oo8 Six-month Pilot Launched 115 Employees Participate Must be Granted by Supervisor/Director NA"czt h;4\/,n "q"rrn-z-zf"1" Fr)P Patin Customer Service Drug and Alcohol Testing Career Development Plans - Rp,,,,wpose Plans in 3111[9 Departments (110 New Plans Approved Since Guidelines Revised Background Investigations Background Investigations 11.5%t from M 6 3811 dfu alk"11 Verificah(ms 11/8/2017 Page 14 11/8/2017 Grievances and EEO Investigations Page 15 Career Development Plans Future Enhanced HRTra'o'rw'cng for Managers/Supervisors Initiatives o r, n c F 1 2017 Eirnployee Engagement Survey Streamfine Public Safety Hiring Practices PaW Time Off Plait Open EnroUinieint Selection/Implementation of Supplemental Retirement Plan Record Keeper and Investment Manager Countywide Salary Study Page 15 Challenges & Opportunities How do we attract and retain quaky emp�oyees in the future? 0 Leverage the power of social media * Market and increase exposure of employee referral program 0 Competitive pay and benefits * Build ourtalent pool — succession planning * Innovativejob advertisements that appeal to high caliber applicants * Strengthen our employer brand Differentiate ourselves from competitors ,WnrWIifP h;41;4nrp ridtiirp 11/8/2017 Page 16 cf CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 1749,1 AGENDA iscia .Y Meeting Date: November 15, 2017 Item Number: 3.F. Subject: Work Session on Chesterfield County and Chesterfield County Schools Supplemental Retirement Plans County Administrator's Comments: County Administrator:_ Board Action Requested: Work session only. No action required. Summary of Information: Staff will present information on the County Supplemental Retirement Plan and the Supplemental Retirement Program for Employees of Chesterfield County Schools. The April 2017 Amendment and Restatement of the School Program requires, at least annually, reporting by the Plan Administrator to the Employer, the Chesterfield County Board of Supervisors, the Chesterfield County Administrator, and the Audit and Finance Committee. Presentation materials, and the required School report are attached to the item. The School report includes those items that can be reported now, and denotes other required items that would be reported later in the business cycle given the timing between the April Amendment and Restatement and the availability of such required information. During the transition period between the old plan and the new plan, all the required information is not yet available as is further explained in the report. Preparer: Allan M. Carmody Attachments: 0 Yes 1-1 No Title: Finance Director James F. Lane, Ed.D. Superintendent 4) Chesterfield County Public Schools Innovative. Engaging. Relevant. Report on the Supplemental Retirement Program for Employees of Chesterfield County Schools November 8, 2017 Submitted to: Chesterfield County Board of Supervisors Chesterfield County School Board Chesterfield County Audit and Finance Committee Chesterfield County Administrator 804.748.1434 superintendent@ccpsnet.net Submitted by: Plan Administrator, Dr. James Lane, Superintendent of Chesterfield County Schools Signed:tti Background The Supplemental Retirement Program for Employees of Chesterfield County Schools, being the plan noted as an Amendment and Restatement effective July 1, 2017 (the Plan), requires periodic reporting to those listed above, at least annually. This report includes those items that can be reported now, and denotes other required items that would be reported later in the business cycle given the timing between the April 2017 amendment and restatement and the availability of such required information. During the transition period between the old plan and the new plan, all the required information was not yet available as is further explained in the report. Summary In summary, the Plan is operating with the guidance of an administrative committee that first met on May 2, 2017, soon after the Board of Supervisors amendment and restatement of the Plan on April 26, 2017. The committee has developed an annual work plan, approved a short-term investment strategy, is scheduled to act on a long-term investment strategy as of this writing, and will be entertaining other work items to ensure compliance with the Plan going forward. Ancillary to the committee's work, two solicitations for consulting services are currently in progress: 1) Actuary Services and 2) Investment Manager Services. Internal Audit is also auditing the Plan with a report due late in 2017 or early in 2018. Financial Health With respect to the Plan financial performance as of June 30, 2017, the position of the Plan has improved based on the results from the GASB 67 and 68 actuary report (see table below). The FY2017 contribution to the trust fund ($14.8M) exceeded the actuarially determined contribution ($12.4M), the net pension liability has declined, and the funded status has improved. These figures do not include the additional $2 million contribution to the trust fund that was set aside as a reserve in FY2017, as that payment is subject to final report Office of the Superintendent P.O. Box 10 mychesterfieldschools. com Chesterfield VA, 23832 An equal opportunity employer out of the County's annual financial audit. It is anticipated that the $2 million payment would be made prior to the end of January 2018, and thus reported with the FY2018 Plan financials. School Supplemental Retirement Plan Key Indicators -Financial Reporting Basis Plan assets Total pension liability Net pension liability Funded ratio Contributions Actuarially determined contribution Benefit payments Net investment income Annual money -weighted rate of return Discount rate used to estimate total pension liability Fiscal Year Fiscal Year 2017 2016 $ 24,278,726 $ 19,840,239 107, 463, 28 4 119, 038, 439 83,184,558 99,198,200 22.59% 16.67% 14,840,273 10, 305, 625 12, 367, 273 13, 352, 847 12, 270, 641 11, 252, 201 1,954,218 72,592 9.63% 0.33% 6.50% 4.73% Other elements required to be reported include: the financial forecast for the Plan; contributions to be made to the trust fund, and comparison of forecasted Plan performance to actual Plan performance. Financial Forecast The groundwork for the above-mentioned components have be established, however the first order of business for the actuary was to produce information for the FY2017 Comprehensive Annual Financial Report (CAFR) in accordance with GASB 67 and 68. With the CAFR work completed, the financial forecast for the Plan will be refined upon receipt of the funding method calculations currently being performed by the actuary and in conjunction with the FY2019 budget development process. Contributions Likewise, the actuary work to establish an updated FY2018 contribution level is underway. That said, as of April 2017, the FY2018 expected contribution to the trust was $14.3 million. The School division has made a $13.1 million contribution to the trust prior to September 1, 2017 and anticipates making another deposit to the trust prior to the end of January 2018. The next deposit consists of a $1.1 million contribution for which a reserve was established in FY2017 — this funding source is subject to final report out of the FY2017 audit and a recommendation from the Administrative Committee. This deposit would be in addition to the $2 million deposit mentioned earlier in the report. 0,4300 2 To summarize current and planned deposits to the trust for FY2018: Timing Amount Source August 2017 $13.1M Salary savings/base payment Prior to the end of January 2018 $1.1M FY2017 Reserve* Prior to the end of January 2018 $2M FY2017 Reserve TOTAL $16.2M As noted above *Subject to recommendation of the Administrative Committee Under this scenario, for the combined FY2017 and FY2018 period, the School division will have contributed $31 million to the trust in comparison to an actuarially determined contribution level of $26.8 million. Comparison In terms of comparative reporting of forecasted vs. actual performance, see the funding method table below which is based on work developed in conjunction with the Plan amendments in April 2017. Funding Method Basis April 2017 Forecast Actual Liability (as of 6/30/2017) $85.7M TBD Assets (as of 6/30/2017) $21.4M $24.3M Funded Ratio (as of 6/30/2017) 25.0% TBD Expected FY2018 Contribution $14.4M TBD (new forecast)! 1 Actual to be reported with FY2018 CAM Recognition of Transition Between Plan Design and Impacts on Reporting During the transition period between the old plan and the new plan, all the required information was not yet available as is noted within the report. As the business cycle continues, additional information will be made available to meet the intentions of preserving the long-term viability of the Plan. The Plan administrator will continue to seek guidance and support from the administrative committee. 11/8/2017 Report on Supplemental Retirement Plans PRESENTATION TO THE BOARD OF SUPERVISORS NOVEMBER 15,2O27 Both • Supported l l Guidance CCPS Administrative Committee 6 person committee appointed by Superintendent 3 of which selected by County Administrator CCPS Administrative Committee Role Assist Employer and Plan Administrator Emphasis on Plan financials Recent Activities of CCPS Administrative Committee Annual Work Plan Established Investment Strategies Approved County Plan Guided by Board of Trustees * 4 person committee * Emphasis on plan financials Meets Quarterly, at a minimum Financials Reflective of FY2017 Activity Actuary reports prepared under two methodologies: 1. Financial Reporting method for figures in CAFR 2. Funding Method report addresses: a Funded status comparison, FY2016 vs. FY2017 • FY2018 recommended contribution to the trust fund Inclusion of April 2017 School plan design/ assumption changes Will be reflected in FY2018 financial reporting Will be reflected in this year's funding report (in -progress) 11/8/2017 K CCPS Plan Positioned in FY2017 Contributions Exceeded Requirements Net Pension Liability Reduced Funded Ratio Improved Driver = Discount rate Additional $2M Deposit prior to Feb 2018 (reported in FY2018) Full extent of Plan Revisions Effective in FY2018 School Supplemental Retirement Plan Key Indicators -Financial Reporting Basis Plan assets Total pension liability Net pension liability Funded ratio Contributions Actuarially determined contribution Benefit payments Net investment income Annual money -weighted rate of return Discount rate used to estimate total pension liability Fiscal Year Fiscal Year 2017 2016 $ 24,278,726 $ 19,840,239 107,463, 284 119,038,439 83,184,558 99,198,200 22.59% 16.67% 14, 840, 273 10, 305, 625 12,367,273 13,352,847 12, 270, 641 11,252,201 1,954,218 72,592 9.63% 0.33% 6.50% 4.73% County PositionImproved in FY2011 Contributions met Requirements Net Pension Liability Reduced Funded Ratio Improved County Supplemental Retirement Plan Key Indicators -Financial Reporting Basis Plan assets Total pension liability Net pension liability Funded ratio Contributions Actuarially determined contribution Benefit payments Net investment income Annual money -weighted rate of return Discount rate used to estimate total pension liability Fiscal Year Fiscal Year 2017 2016 $ 35,688,348 $ 32,693,775 36,470,629 36,792,661 782,281 4,098, 886 97.86% 88.86% 1,614,144 1,779,372 1,614,144 1,579,372 1,753,487 1,574,809 3,212,058 (78,505) 11.34% 0.30% 6.50% 6.50% 11/8/2017 3 Consulting Services Used to Support Plani Solicitations in progress Ontwo fronts: Actuary Services Investment Manager Considering Single Provider of Each Service for Both Plans " Improve efficiency in administration " Leverage benefit Ofeconomies ofscale CCPS Working Through Plan Restatement Transitior Forward focus on multiple fronts " Adherence tostrong financial principles and oversight ° Alignment ofprocesses and forms with Plan design • Internal Audit of Plan — report out in late 2017/early 2018 Reporting requirements delivered over time °Some impact due 10timing ofPlan restatement and business cycle " Initial report includes available information ° Additional information will fulfill requirements "Stabilization insubsequent year reporting 11/8/2017 1H November 15, 2017 Speakers List Afternoon Session 1. Virginia Cowles 2. Lorraine Waddill 3. Valerie lia� 5. COMMENTS TO THE CHESTERFIELD COUNTY BOARD OF SUPERVISORS SUBJECT: Bus transit on Route 1 Date: 15 November 2017 Speaker: Virginia Cowles 4001 Monument Avenue Richmond, VA 23230 viCOWIes ?Ema_iLCCorn (804) 353-0926 Thank you for this opportunity to speak. I am a resident of the City of Richmond, but today I am speaking as a former professor at John Tyler Community College. I am grateful for the opportunity I had to teach at John Tyler where among the broad and diverse student population I often had students who were financially, linguistically challenged, or educationally challenged. As you know, John Tyler offers workforce training in information technology, nursing, business and accounting, computer-aided drafting, geospational information systems and in many other areas to provide employment opportunities to its graduates. It also provides general education to students who want to transfer to a four-year institution of higher education. This community college offers great opportunities to the residents of the Jefferson -Davis corridor, if they have transportation to the school. Many of the residents in this area have no private automobile, as we have seen in the Chesterfield Observer article by Rich Griset, "Poverty on Jeff Davis: Dreaming of Mass Transit." That is why I am urging the Chesterfield Board of Supervisors to support the extension of reliable GRTC local fixed route transit from Ampthill to John Tyler Community College. I hope that you will use the Department of Rail and Public Transportation's Greater RVA Transit Vision Plan proposal for doing so. If this plan is implemented, residents of the area who want to transfer to a four-year college after John Tyler could then take a bus to the City of Richmond without transferring. I believe that there is sufficient density in this low-income area of one or no car ownership to justify extending regular bus service along the Jefferson Davis highway. Frequently I read reports that employers are having difficulty in finding qualified workers. On Monday an Op/Ed article in the Times -Dispatch noted, "The National Federation of Independent Business survey ... found that in October, more than half (52 percent ) of companies reported few or no qualified applicants for positions they're trying to fill. That's also nearly an all-time high" (November 13, 2017, p. A9). You can help meet these needs of the business community by supporting bus service along Route 1 so that Jefferson -Davis corridor residents are able to attend John Tyler Community College and become productive members of the workforce. I also read a great deal about the school to prison pipeline, and I'm sure that you want to put an end to that. The benefits of job training or a liberal arts education are immense, as you know. You can help the residents of the Jefferson -Davis highway corridor qualify for exciting job opportunities that will improve their lives as well as improve the economic health of Chesterfield County. My name is Lorraine Waddill and I live in Chesterfield County. I have lived in Stonehenge in Clover Hill District for over 40 years. Chris Winslow is my Supervisor. Thank you, Madam Chairman and other members of the Board of Supervisors, for this opportunity to speak about an issue that is very import to the League of Women Voters of the Richmond Metropolitan Area. Almost 30 years ago the Richmond Area League adopted a transportation position that "supports a regionally planned, balanced transportation system which efficiently and economically meets the region's need for moving people, goods, and materials without adversely affecting planned growth or the environment." Specifically, we support regional cooperation and involvement in setting transportation policy, the promotion of alternatives to the use of automobiles, and a mixture of public and private funding for public transportation. We are happy to see that in Chesterfield's North Jefferson Davis Special Area Plan one of the goals is to make pedestrian and bicycling improvements along Route 1 and within the surrounding neighborhoods. We would like extended regular public transportation service from the City along Jefferson Davis highway to improve the quality of life for the residents in the area, to mitigate highway congestion, and to improve air quality. Public transportation helps smart land use by reducing the need for more traffic lanes, which frees more space for sidewalks, landscaping and other amenities. We believe that the Route 1 corridor has sufficient density in population and commerce to support a viable public transit route. We commend Chesterfield County for the North Jefferson Davis Special Area Plan, a blueprint for the type of controlled and directed growth that our local League supports and for its objective of stabilizing and improving existing housing along the corridor, which is also supported by the League. Thank you for allowing me to speak. Lorraine Waddill League of Women Voters Richmond Metro Area TO: Board of Supervisors of Chesterfield County FROM: Valarie Faidley Fillgrove, League of Women Voters of Virginia DATE: November 15, 2017 RE: Expansion of Bus Service Thank you madam chairman and supervisors for this opportunity to speak. I am addressing you today on behalf of the Virginia League of Women Voters of Virginia and as a resident of Chesterfield County. How would you handle your transportation needs if you did not own or have access to a car? Planning trips to the doctor for you and your family would be a nightmare. A trip to the grocery store or pharmacy sounds routine for most of the people in this room. How would you get to our job or school if the bus service was late or routes cancelled altogether? These are just a couple of the problems facing residents of Chesterfield County every day. Lack of access to transportation is the number one deterrent to employment and community engagement across the country. Yes public transportation can create employment opportunities and is the key to creating communities for all citizens. The Virginia League supports 'regionally balanced transportation systems which efficiently and economically meet regional needs without adversely affecting planned growth or the economy." The League commends Chesterfield County for considering the establishment of transit coordinator and acknowledging the enhancement of service from Chippenham Parkway to John Tyler Community College as recommend by the RVA Transit Vision Plan. But we need you to go the extra mile and make that consideration a full commitment for the citizens of Chesterfield County. Meeting Date: November 15, 2017 Item Number: 6. Subiect: Closed Session County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Page 1 of 1 Closed session pursuant to Section 2.2-3711(A)(1), Code of Virginia, 1950, as amended, for discussion and consideration of prospective candidates for employment for the position of Chief of Police. Preparer: Jeffrey L. Mincks Attachments: 1-1 Yes LZ Title: County Attorney 0425:96096.1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meeting Date: November 15, 2017 Item Number: 10.13. Subiect: Audited Financial Report Presentation by Independent Auditor County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: The Accounting Department has completed Comprehensive Annual Financial Report statements audited by Cherry Bekaert, Churchman, the engagement partner from meeting to formally present the report of Virginia. Preparer: Patsy J. Brown preparation of the County's FY2017 (CAFR), which includes financial LLP, independent auditors. Robert Cherry Bekaert, LLP, will be at the to the Board as required by the Code Title: Director of Accountin Attachments: El Yes No # 071 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA I \ Page 1 of 1 Meeting Date: November 15, 2017 Item Number: 10.D. Subiect: County Administration Update - John Tyler Community College Update County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Dr. Edward "Ted" Raspiller, President of John Tyler Community College (JTCC), will update the Board of Supervisors regarding the college's activities and accomplishments. Others from JTCC who will take part in the presentation include Ms. Elizabeth Creamer, Vice President of Workforce Development and Credential Attainment, Community College Workforce Alliance; Mr. Fred Taylor, Director of Governmental and Administrative Services; and Ms. Holly Walker, Public Relations Manager. Preparer: Louis Lassiter Title: Assistant County Administrator Attachments: Yes No #,01300`22 W z� oa �a A Z 140 w H H � yw x o �a R ° M �- O O 1-4 0 LC) N i t0 '' N 00 w O 7i O N 0) CO CO i R N O � M omo r N o b L1 M 00 �+ ON N N O O O CO N CD '" CD0 00 O m O H N 0 0 0 oN M M N l 14 tt'z C j O t co N i NN 0 N 00 LO 0 -,r 00 Cc CN C11 N w 0 O 4 CA N M M 00 ~ 0 N O N 00 CO w 4 4 4 00 M M 0 S� M N 00 rZ i M M -44 O tp N C71 0 O N N D7 m CD N N M t0 0 N N N M O 0 I`- t.. 00 M C- M O O O N M O in O N c6 L 't t0 LO i r,LO N �R 91 N r+ -W W 00 N r- i� 0 o ~ 0 4J a) b a � 0a o � � O cti ro u a "0 �, ° 0 a 0 a a y t0 N U b x a U A E�: PA 4 O Z x R L`" M O cd r i -i 4! 0 "C3 0 rd LD N O O O P4 0 U 41 Fa 41 y 47 U o 8 0 0 0 spuesnc�tjS, d d d N c u ° M �- o� TS y+ N ' M 0 A 0 H 0 0 0 oN b:0 LO t co N i O O O CN C11 N N cliO L`" M O cd r i -i 4! 0 "C3 0 rd LD N O O O P4 0 U 41 Fa 41 y 47 U o 8 0 0 0 spuesnc�tjS, d d d N c u E-4 En 0 0 0 0 0 0 0 0 0 0 O LO m0 110 � -,T MN i[I- E-1 Z N o wa as 0 4 C) U 0 U 0 �v 0 z 0) co C, N 20 N cli as m o E-4 N cn 0 P4 ZZ 0 0o 0 0 0 0 0 0 0 o 00 (D -:r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LO m0 110 � -,T MN i[I- Id C6 0 0 4 C) U 0 U 0 �v 0 z 0) 00 C, N 20 N cli u o P4 ZZ 0 d (0) LO --I' N u 0 0 co cv) Qu CD Lo as Lo U) 4 z r4 0o 0 0 0 0 0 0 0 o 00 (D -:r LO 0) 0 m 0 (D CY) LO OC) C7 q) 0) 'i C3) � CD N (0 0 N CY) CY) LO Lo e CO e e e rl- (D 0CD -:v CY LO m Co rl H) 0 0 i[I- H r --It Co 1-4 -41 )-4 0 0 0) 00 m N N N cli 0 L`'- (0) LO --I' N 0 Co co cv) CD Lo --T Lo U) 4 tt tn4� C) rl- co co LO 'CI�4 0 0 0 0 0 CH4 CH4 NH fo 6 M N 0 r -q 0 0 -1 0 H 0 CN C14 C4 N N LO 0) 0 m 0 (D CY) LO OC) C7 q) 0) 'i C3) � CD N (0 0 N CY) CY) LO Lo e CO e e e rl- (D LO -:v CY 0 0O H rl H) 0 0 Co LO -41 CM C14 0 0 0 0 0 N N N N cli Clq C14 cr) �o (0 al (cl 00 C%4 0 0 N H m m CO r 0) 00 N tM — CY) CD m -41 m rn � 0 04 * m oui ci ci CY7) CD LO -41 cy) O o o o .0, C� N N 'ro Lo 0 0 0 0 0 CN N CN CN N 4i 11/2/2017 - 61% of John Tyler students live in Chesterfield County - 8,291 Chesterfield residents attended Tyler (2016-17) • Chesterfield residents enrolled in: 0 Transfer Degrees: 3,102 0 Career & Technical: 969 • Certificate Program: 418 • Pre -major: 3,802 Op", si� 4FORWARD jimedu Dual Enrollment • 2,400 Chesterfield high school students enrolled • 17,590 credit hours taken • Course subjects include: biology, college composition, engineering statistics, Cisco, architectural drafting, history, EMS, Spanish, HVAC, anatomy, CAD, database fundamentals, chemistry Numbers are from 2016-17 academic year° ftcaedu LIM • Chesterfield high school students participate in Tyler's Advanced Manufacturing High School Program in Precision Machining. • Gives students the opportunity to learn in Tyler's high- tech machining labs. • Students who complete earn a Career Studies Certificate in Basic Precision Machining Technology before they graduate high school. • Students can also earn industry -recognized credentials & FORWARD Jtec.edu 11/2/2017 N I'll ITS I! I 111 111111211 • Focuses on workforce credentials aligned with regional, in - demand jobs • During the past year, CCWA produced more workforce credentials than any other community college in Virginia • Provides individualized training, custom-designed training, consulting, skills assessments and other workforce development services - During the past year, CCWA served 5,700 learners and 220 organizations &FoRWARD ftec. edu Community College Workforce Alliance (CCWA) Over the past year: • Nearly 400 people in Chesterfield participated in CCWA courses • 64 companies in Chesterfield served • Companies include: Amazon, DuPont, HillPhoenix, Niagara Bottling and Sabra &FORWARD Jim edu 11/2/2017 3 • Recent additions include: Nurse Aide, Computer Science, Advanced Manufacturing, Electrical Engineering, Energy Technology • Refining programs: stackable credentials, restructuring math courses • Reducing textbook costs through OERs • Career and internship support 0'I aEoawnuu j r ... _ _...�, cc.edu Supporting Student Success • Free tutoring, including Writing Center and Math Center • Support services for veterans, members of the military and their dependents • Opportunities to grow as leaders through the Student Ambassador Program • More than 20 student groups and organizations aFOFORWARD free. edu 4 11/2/2017 4 I • $34 million construction project to renovate Bird Hall (37,000 Sq. Ft.) and add a 24,500 Sq. Ft. addition to the Nicholas Center to create a Workforce Development Center - Bird Hall will include new Science, Nursing and EMS labs • Nicholas Center will have conference and meeting space and a technical skills lab - Project to be completed in summer 2019 ;aAJ &FORWARD ftee. edu lik FORWARD ftce. edu 11/2/2017 5 11/2/2017 441 Sc; jimedit &FORWARD WWI V ]OM M-11 a 112, A OA qI§ :241011 Page 1 of 1 Meeting Date: November 15, 2017 Item Number: 110.E. Subject: County Administration Update - Virginia State University Update County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Dr. Makola Abdullah, President of Virginia State University, will update the Board of Supervisors regarding the university's activities and accomplishments. Preparer: Louis Lassiter Attachments: 0 Yes Title: Assistant County Administrator F-1No # 0 0oo, 61- Reestablished Partnership with the space needs stiort-term E11ROLLME'J"T A-7+/- 4,600, STRATEGYTO NIAMN/HZE EXASTNG RESOURCES V "All, "gp 11000 iii` r/1 New Building: 120,000 ASF, 4 stories T ado,, FMOOTIFTOM VSU Welcoilie C'ente,r GRAPHIC WALL Sl 1 R I M ()P' H"N R S6iemkjo Bridge, i;NIQ L.--. Promwmale R. Traflhrad Pwk Site Section AA-Fleet/Canal St., Petersbur2 - VSU Pedestrian Bridge 02tion K�7/ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 15, 2017 Item Number: 13.A.1. Subject: Nominations/Appointments to the Appomattox River Water Authority Board County Administrator's Comments: County Administrator: Board Action Requested: Nominate and reappoint Joseph Casey, County Administrator, and alternate members William Dupler, Deputy County Administrator, and George Hayes, Director of Utilities, to serve on the Appomattox River Water Authority Board. Summary of Information: The purpose of the Appomattox River Water Authority Board is to provide treated water as needed to member jurisdictions including the Counties of Chesterfield, Dinwiddie and Prince George and the Cities of Colonial Heights and Petersburg. The current terms of Dr. Casey, Mr. Dupler and Mr. Hayes expire November 21, 2017. The new terms will be effective November 21, 2017 and expire November 21, 2021. The Board concurs with these reappointments. 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: Janice BlakleV — Title:. Clerk to the Board Attachments: 1:1 Yes 0 No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 15, 2017 Item Number: 13.A.2. Subiect: Nominations/Reappointments to the South Central Wastewater Authority Board County Administrator's Comments: County Administrator: Board Action Requested: Nominate and reappoint Joseph P. Casey, County Administrator, and alternate members Bill Dupler, Deputy County Administrator, and George Hayes, Director of Utilities, to serve on the South Central Wastewater Authority Board. Summary of Information: The purpose of the South Central Wastewater Authority is to provide wastewater treatment services to protect and enhance the environment for the cities of Petersburg and Colonial Heights, and the counties of Chesterfield, Dinwiddie and Prince George. The current terms of Dr. Casey, Mr. Dupler and Mr. Hayes expire November 21, 2017. The new terms will be effective November 21, 2017 and expire November 21, 2021. The Board concurs with these reappointments. 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: Janice Blakley Title: Clerk to the Board Attachments: 1:1 Yes 0 No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 15, 2017 Item Number: 13.B.1.a.1. Subject: Resolution Recognizing Assistant Fire Marshal Todd C. Stoudt, Fire and Emergency Medical Services Department, Upon His Retirement County Administrator's Comments: County Administrator: Board Action Requested: Adoption of attached resolution. Summary of Information: Assistant Fire Marshal Todd C. Stoudt retired from the Fire and Emergency Medical Services Department on November 1, 2017, after providing 20 years of service to the citizens of Chesterfield County. Preparer: Edward L. Senter Jr. Title: Fire Chief Attachments: Yes No # 000104 RECOGNIZING ASSISTANT FIRE MARSHAL TODD C. STOUDT UPON HIS RETIREMENT WHEREAS, Assistant Fire Marshal Todd C. Stoudt retired from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on November 1, 2017; and WHEREAS, Assistant Fire Marshal Stoudt began his career with Chesterfield County on March 10, 1997, as a Plans Review Engineer in the Fire Prevention Bureau of the department; and WHEREAS, Assistant Fire Marshal Stoudt has positively impacted fire safety for citizens and visitors of Chesterfield County by ensuring commercial buildings are constructed properly and safely, and fire protection systems function properly as designed; and WHEREAS, Assistant Fire Marshal Stoudt was assigned to some of the most challenging construction projects in Chesterfield County based on size and complexity which required him to think outside the box in code enforcement; and WHEREAS, Assistant Fire Marshal Stoudt had extraordinary knowledge and abilities that enhanced decision making for various construction groups to effectively complete building projects; and WHEREAS, Assistant Fire Marshal Stoudt continued to seek opportunities to engage firefighters on new construction projects and fire protection systems in their district to enhance firefighters' pre -plans and techniques of fire protection systems for effective incident responses; and WHEREAS, Assistant Fire Marshal Stoudt attended additional training classes to achieve state certification as a fire inspector and fire investigator; and WHEREAS, Assistant Fire Marshal Stoudt was selected as the Chesterfield Fire and EMS outstanding Civilian Employee of the Year for 2016 for his dedication to protecting life and property through effective code enforcement and education of our members; and WHEREAS, Assistant Fire Marshal Stoudt led by example and faithfully followed the mission of Chesterfield Fire and Emergency Medical Services, providing great service, and conducing himself with pride and our organizational values. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Assistant Fire MarshalTodd C. Stoudt, 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 AGENDA Page 1 of 1 Meeting Date: November 15, 2017 Item Number: 13.113.1.a.2. Subiect: Resolution Recognizing Firefighter Walter M. "Mack" Tatum, Fire and Emergency Medical Services Department, Upon His Retirement County Administrator's Comments: County Administrator: Board Action Requested: Adoption of attached resolution. Summary of Information: Firefighter Walter M. "Mack" Tatum retired from the Fire and Emergency Medical Services Department on September 1, 2017, after providing 28 years of service to the citizens of Chesterfield County. Preparer: Edward L. Senter Jr. Title: Fire Chief Attachments: Yes FI No 10010, (3 RECOGNIZING FIREFIGHTER WALTER M. "MACK" TATUM UPON HIS RETIREMENT WHEREAS, Firefighter Walter M. "Mack" Tatum retired from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, Virginia, on September 1, 2017, after serving 28 years of dedicated service; and WHEREAS, Firefighter Tatum served as a volunteer firefighter at the Bensley Fire and EMS Station from 1981 to 1988 prior to being hired as a career firefighter with Chesterfield County in 1989; and WHEREAS, Firefighter Tatum attended Recruit School #19 and had various assignments, including Engine and Truck 14 at the Dutch Gap Fire and EMS Station, Engine 5 at the Midlothian Fire and EMS Station, Truck 2 at the Manchester Fire and EMS Station, Truck 7 at the Clover Hill Fire and EMS Station, Engine 10 at the Wagstaff Fire and EMS Station, and Engine 16 at the Swift Creek Fire and EMS Station; and WHEREAS, in 1997, while assigned to Truck 7 at the Clover Hill Fire and EMS Station, Firefighter Tatum assisted in teaching and training firefighters on truck company operations, including the implementation of the first all - steer type truck chassis; and WHEREAS, Firefighter Tatum positively impacted numerous lives performing his duties over the years, and was formally recognized with a Unit Citation and Lifesave Award for his actions on August 14, 2013, when he helped to rescue a citizen from a structure fire and saved the individual's life after extensive search and rescue efforts; and WHEREAS, Firefighter Tatum was also recognized with a Unit Lifesave Award for his actions and extraordinary teamwork on December 11, 2014, when he assisted in the rescue of a citizen from a structure fire; and WHEREAS, in 2015, Firefighter Tatum, was assigned to Engine 16 at the Swift Creek Fire and EMS Station, where he faithfully finished his rich career serving the department, citizens, and visitors of Chesterfield County. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Firefighter Walter M. "Mack" Tatum, expresses the appreciation of all citizens for his service to the county, and extends appreciation for his dedicated service and congratulations upon his retirement. 4 C";X''t Page I of 1 Meeting Date: November 15, 2017 Item Number: 13.B.1.a.3. Subject: Resolution Recognizing Mrs. Jeanne T. Harper, Chief Services, Human Resources Department, Upon Her Retirement County Administrator's Comments: County Administrator: Board Action Requested: Adoption of attached resolution. Summary of Information: of Administrative Mrs. Jeanne T. Harper will retire from the Human Resources Department on January 1, 2018, after providing over 30 years of service to the citizens of Chesterfield County. Preparer: Mary Martin Selby Title: Director of Human Resources No Attachments: Yes 1-1 Oof&s RECOGNIZING MRS. JEANNE T. HARPER UPON HER RETIREMENT WHEREAS, Mrs. Jeanne T. Harper will retire from the Chesterfield Human Resources Department, Chesterfield County, on January 1, 2018, after faithfully serving the County of Chesterfield and its citizens for 30 years in various assignments; and WHEREAS, Mrs. Harper began employment with Chesterfield County in 1987 as an Administrative Assistant for Purchasing; and WHEREAS, Mrs. Harper's exemplary performance and service moved her rapidly through the ranks, earning her a position with Human Resources as an Administrative Supervisor, a promotion to Administrative Manager, and a promotion to Chief of Administrative Services; and WHEREAS, Mrs. Harper has provided 20 years of dedicated service to the Department of Human Resources; and WHEREAS, Mrs. Harper successfully earned human resources professional designations including her Senior Professional in Human Resources (SPHR) certification in 2014 followed by her Society for Human Resource Management (SHRM) Senior Certified Professional certification in 2015; and WHEREAS, Mrs. Harper was named as Human Resources' Employee of the Year in 2011 due to her exemplary work performance, dedication to the department, loyalty and consideration for county employees, citizens and fellow workers; and WHEREAS, Mrs. Harper was a key contributor in Human Resources, and her solid leadership of administration for Human Resources had a positive impact on the work environment; and WHEREAS, Mrs. Harper created and improved numerous processes and procedures that positively impacted Human Resources and the county; and WHEREAS, more than anything else, Mrs. Harper has been a committed and talented HR professional employee, loyal friend to many, a loving mother and devoted wife, whose patience, kindness and knowledge endures and leaves a legacy for us in the county; and WHEREAS, the Department of Human Resources is very happy for Mrs. Harper and wishes her all the best during her retirement. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Mrs. Jeanne T. Harper, expresses the appreciation of all employees and citizens for her service to the county and extends appreciation for her dedicated service and congratulations upon her retirement. C11 43) 3j ID CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 4€ AGENDA a Meeting Date: November 15, 2017 Item Number: 13.113.1.a.4. Subiect: Resolution Recognizing Mrs. Althea F. Campbell, Department of General Services, Buildings and Grounds Division, Upon Her Retirement County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution. Summary of Information: Mrs. Campbell will retire from the Department of General Services on December 1, 2017, after providing over 19 years of service to the citizens of Chesterfield County. Preparer: Clay Bowles Title: Director of General Services Attachments: Yes F-1 No RECOGNIZING MRS. ALTHEA F. CAMPBELL UPON HER RETIREMENT WHEREAS, Mrs. Althea F. Campbell was hired by the Department of General Services on May 18, 1998, as a part-time custodian in the Buildings and Grounds Division; and WHEREAS, in June 2001, Mrs. Campbell was promoted to a full-time custodian; and WHEREAS, Mrs. Campbell demonstrated her commitment to the county and contributed to a positive work environment; and WHEREAS, Mrs. Campbell performed her daily tasks efficiently and promptly completed customer requests; and WHEREAS, Mrs. Campbell always displayed a positive attitude and professional image when interacting with customers; and WHEREAS, Mrs. Campbell improved efficiency and effectiveness in serving county citizens and employees; and WHEREAS, Mrs. Campbell was instrumental in utilizing environmentally friendly housekeeping practices; and WHEREAS, Mrs. Campbell provided quality service while adhering to ethical standards of behavior; and WHEREAS, Mrs. Campbell supported the county's and Department of General Services' goals, values and objectives through teamwork and professionalism; and WHEREAS, Mrs. Campbell will retire on December 1, 2017, after providing over 19 years of service to the citizens of Chesterfield County. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Mrs. Althea F. Campbell, expresses the appreciation of all residents for her service to Chesterfield County, and extends appreciation for her dedicated service to the County and congratulations upon her retirement, as well as best wishes for a long and happy retirement. oua CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 15, 2017 Item Number: 13.113.1.a.5. Subiect: Resolution Recognizing Sergeant Department, Upon His Retirement County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution. Summary of Information: William C. "Billy" George, Police Sergeant William C. "Billy" George will retire from the Police Department on December 1, 2017, after providing nearly 35 years of service to the residents of Chesterfield County. Preparer: Lt. Colonel Brian C. Smith Title: Deputy Chief of Police Attachments: Yes C_1 No RECOGNIZING SERGEANT WILLIAM C. "BILLY" GEORGE UPON HIS RETIREMENT WHEREAS, Sergeant William C. "Billy" George will retire from the Chesterfield County Police Department on December 1, 2017, after providing nearly 35 years of outstanding quality service to the residents of Chesterfield County; and WHEREAS, Sergeant George has faithfully served the county in the capacity of Patrol Officer, Detective, Detective First Class, Senior Detective, Master Detective and Sergeant; and WHEREAS, during his tenure, Sergeant George also served as Field Training Officer, Evidence Technician, Field Training Sergeant and as a member of the Special Response Unit and Marine Patrol; and WHEREAS, Sergeant George received a Chief's Commendation for the investigative skills, teamwork and professionalism he demonstrated in assisting in a double homicide investigation, and due to his diligent efforts, all involved in the homicides were arrested, brought to trial, and convicted of their crimes; and WHEREAS, Sergeant George received the National Service Award for his two-week deployment to Mississippi to assist fellow law enforcement officers and the citizens of Mississippi while working under extreme conditions following the devastation of Hurricane Katrina; and WHEREAS, Sergeant George was recognized with the Mason T. Chalkley Supervisory Concern for People Award for continually demonstrating the highest degree of genuine concern for his subordinates and their families, and also for showing empathy and support to victims; and WHEREAS, Sergeant George was consistently praised by his supervisors for his use of strong mentoring skills and his exceptional interpersonal and teamwork skills; and WHEREAS, Sergeant George is recognized for his excellent communications and human relations skills, his strong work ethic and his teamwork, all of which he has utilized within the Police Department and in assisting residents of Chesterfield County during his exemplary career; and WHEREAS, during his tenure, Sergeant George has received numerous letters of commendation, thanks and appreciation for services rendered; and WHEREAS, Sergeant George 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 Sergeant George's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Sergeant William C. "Billy" George 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. 91*31:3114 111 � 0 0 BOARD OF 511PERTISO 4GEV&4,�—IIII Page 1 of 1 Meeting Date: November 15, 2017 Item Number: 13.B.1.a.6. Subiect: Resolution Recognizing Mr. Carroll J. Briggs, Utilities Department, Upon His Retirement County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution. Summary of Information: Mr. Carroll J. Briggs retired from the Utilities Department on October 31, 2017, after more than 23 years of service to the Chesterfield County Utilities Department. Preparer: George B. Hayes Attachments: 0 Yes F-1 No Title: Director of Utilities 0,001-14 RECOGNIZING MR. CARROLL J. BRIGGS UPON HIS RETIREMENT WHEREAS, Mr. Carroll J. Briggs retired from the Chesterfield County Utilities Department on October 31, 2017; and WHEREAS, Mr. Briggs began his public service with Chesterfield County on March 11, 1994, when he was hired by the Chesterfield County Utilities Department as an Senior Maintenance Worker; and WHEREAS, Mr. Briggs was promoted to Principal Plant Operator at the Proctor's Creek Wastewater Treatment Plant on June 15, 1999; and WHEREAS, Mr. Briggs served faithfully as a Principal Plant Operator until his retirement; and WHEREAS, Mr. Briggs contributed to the day-to-day operations and maintenance activities of the Proctors Creek Wastewater Treatment Plant; and WHEREAS, Mr. Briggs supported the department's role of being a responsible protector of the environment by providing wastewater treatment that is safe, reliable, and environmentally sound; and WHEREAS, Mr. Briggs' daily efforts resulted in recognition by the wastewater industry through numerous awards associated with the operation and maintenance of Chesterfield County's wastewater treatment facilities; and WHEREAS, Mr. Briggs provided operational support which resulted in the Proctor's Creek Wastewater Treatment Plant earning the Virginia Water Environment Association's Facility Safety Award in 2015; and WHEREAS, Mr. Briggs acted as an exemplary steward of the public trust by working with fellow operators to optimize plant operations in the most cost- effective manner; and WHEREAS, Mr. Briggs continuously utilized his knowledge of the operations and equipment at the Proctor's Creek Wastewater Treatment Plant to ensure effluent quality met state discharge permit requirements; and WHEREAS, Mr. Briggs was highly respected and liked by his peers and coworkers; and WHEREAS, Mr. Briggs willingly and faithfully worked after hours and during emergencies to ensure continued permit compliance at the Proctor's Creek Wastewater Treatment Plant; and WHEREAS, throughout his career with Chesterfield County, Mr. Briggs displayed dependability, aptitude, good character, and values. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mr. Carroll J. Briggs and extends on behalf of its members and citizens of Chesterfield County, appreciation for more than 23 years of exceptional service to the county. _174 � F, `1 111111 111 ii� 11 1 . 1 *3 9:1 lill OWN BOARD OF SIPERTIS 4GEVS-4�- Page 1 of 1 Meeting Date: November 15, 2017 Item Number: 13.B.2. Subiect: Authorize the Receipt and Appropriation of Grant Funds from the Department of Homeland Security and the Federal Emergency Management Agency for the 2017 Local Emergency Management Performance Grant County Administrator's Comments: County Administrator: Board Action Requested: Authorize the receipt and appropriation of additional grant funding in the amount of $50,000 for the 2017 Emergency Management Performance Grant to enhance emergency preparedness for Chesterfield County. Summary of Information: The FY18 budget was adopted with the appropriation of $26,409 for the 2017 Local Emergency Management Performance Grant. The actual grant award is $76,409. This request is for authorization to accept and appropriate the additional funding of $50,000. Fire and EMS is required to provide an in-kind match, which will be met through expenses associated with already budgeted personnel costs within the Fire and EMS budget. The grant award will be utilized to enhance emergency management's preparedness capabilities for the citizens and businesses of Chesterfield County. Preparer: Edward L. Senter, Jr. Preparer: Matt Harris Attachments: 1:1 Yes 0 No Title: Fire Chief Title:Director, Budget and Management CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 15, 2017 Item Number: 13.113.3. Subiect: Adoption of the 2018 Legislative Program County Administrator's Comments: County Administrator: Board Action Requested: Adopt the 2018 Legislative Program. Summary of Information: Attached is the proposed Legislative Program for the 2018 General Assembly. Preparer: Mary Ann Curtin — Attachments: 0 Yes ❑ No Title: Director of Intergovernmental Relations 2018 Legislative Initiatives Guiding Principles: ■ Maintain quality public education and public safety ■ Provide quality of life consistent with community expectations ■ Maintain local autonomy Strategic Goals: ■ Model for excellence in government ■ Safety and security ■ Economic prosperity and educational excellence ■ Healthy living and well-being ■ Thriving communities and environmental stewardship Issues and Concerns: ■ K-12 full funding ■ State budget ■ Local Land Use Authority ■ Cost Shifts/Mandates ■ Local Revenue Authority ■ Transportation ■ New Wireless Infrastructure ■ Tax Reform Proposals ■ Short Term Rentals ■ Checkbook on -Line Legislative Requests: Support Items: 0 Maintaining K-12 education funding ■ Flexibility in use of K-12 education funds 0 Transportation funding Legislative Requests: Oppose Items: M oppose elimination or reduction of local revenue sources 0 Oppose additional mandates/cost shifts N oppose limitations/caps on existing land use authorities 6013-1-11 9 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: November 15, 2017 Item Number: 13.B.4. Subiect: Set a Public Hearing to Consider Amendments to the County Code Related to Business Licenses County Administrator's Comments: County Administrator: Board Action Requested: Set a public hearing for December 13, 2017, to consider proposed changes to the Business License Ordinance. Summary of Information: The County's Business License tax ordinance as it relates to itinerant merchants, peddlers, and vendors at events such as flea markets, trade shows, and craft shows is dated and confusing. It was primarily written in the 70s and 80s. Since that time, many small business innovations have occurred, such as farmer's markets, festival vending, and food trucks. The current ordinance does not clearly account for some of these new activities, treats similar vendors differently and, in some cases, discourages compliance due to high administrative burdens. County staff and the Commissioner of the Revenue are proposing amendments to the Business License ordinance to clarify its application, reduce unnecessary bureaucracy, increase compliance, and reduce costs to small businesses. The most significant changes are as follows: 1. Replacing the license classifications of flea market, craft show, and trade show with a new classification called "vendor event" which will now explicitly include events such as art shows, festivals, farmer's markets, sporting events, and events where food trucks operate; 2. Replacing the daily $2 fee per individual vendor per event with a one- time $25 fee, or $100 annual fee to be paid by the promoter of the event; Preparer: Louis Lassiter Title: Assistant County Administrator Attachments: Yes No r CAESTERFIELD COIATT BOARD OF SUPERVISORS Page 2 of 3 AGENDA 3. Providing that non-profit promoters who are exempt from licensure may choose to purchase an event license so that individual merchants will be exempt; 4. Reducing the itinerant merchant from $250 per location per half-year to $250 per location for the full year and peddler license tax to $250 per year; 5. Creating a two-tiered licensing for peddlers: $25 per vendor or vehicle for peddlers who do not stay in any one location for longer than 30 minutes and $250 per year for peddlers like food truck vendors that can remain in one location for up to 8 hours/day; 6. Expanding the license exemption for cart merchants in an enclosed shopping mall to cart merchants in any shopping center; and 7. Adding fish or animal products harvested from water to the list of homegrown products exempt from the licensure requirements. Additionally, it is requested that the Board amend the Business License tax threshold escalator language. Currently, the ordinance exempts the first $300,000 from BPOL taxes with a CPI -U escalator to be calculated at the end of this year. Due to the nominal increase in the CPI this past year, it is anticipated that taxpayer confusion and the administrative costs associated with implementing the change will outweigh the benefits of applying the escalator. The Commissioner of the Revenue has estimated that less than 250 of businesses would benefit from the escalated threshold for an average savings of $12 per taxpayer. The proposed change is to remove the escalator provision and instead require the county administrator to review the threshold level at least every three years and recommend changes to the Board as he deems appropriate. It is requested that the Board set a public hearing to receive input from the public on the proposed amendments. AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 6-1, 6-4, 6-7, 6-15, 6-23, 6-40, 6-42, 6-47, 6-48, AND 6-50 RELATING TO BUSINESS LICENSES FOR EVENTS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 6-1, 6-4, 6-7, 6-15, 6-23, 6-40, 6-42, 6-47, 6-48, and 6-50 of the Code of the County of Chestedeld, 1997, as amended, are amended and re-enacted to read as follows: Chapter 6 — BUSINESS LICENSES ARTICLE 1. GENERAL PROVISIONS Sec. 6-1. Definitions. Vendor event means a -show an event at a single location and with ^ single r..^m^*^r, whether inside or outside, consisting of a group of five or more persons selling or offering for sale goods, wares or merchandise such as hobby crafts, antiques, art works, new or secondhand articles, souvenirs, meats, fruits and vegetables, prepared foods or drinks, or any combination of these. This definition shall include but not be limited to flea markets, craft shows, trade shows, bazaars, farm markets, art shows, festivals, sporting events, and yard sales where such vendors are present. Yard sales and s' owsVendor events conducted by nonprofit organizations that are exempt from federal taxes by the Internal Revenue Service are may elect to be excluded from this definition, in which case any and all vendors at the event would be responsible for their own license as an individual itinerant or other retail merchant; otherwise such nonprofit organizations may elect to obtain the vendor event license as the promoter. Itinerant merchant means a retail merchant or person who engages in any temporary or transient business in the county selling goods, wares, and merchandise and who for the purpose of carrying on such business, hires, leases, uses or occupies any space for a period of less than one year. Any merchant who does business within a shopping center and operates pursuant to a lease of at least one year shall not be defined as an itinerant merchant. No person shall be deemed an itinerant merchant solely because the person exhibits or otherwise displays goods or services or information concerning goods or services so long as the person does not sell, contract to sell, or offer to contract to sell, such goods or services. Any itinerant merchant who sells alcohol shall also be subject to relevant laws and license fees described in § 6-38, 6-39, or 6-39.1 of this chapter, in addition to any itinerant merchant license fees imposed in § 6-47. ••• 0623:110280.1 f 01,31t i Sec. 6-4. - License fees. a. Every person engaged in a business which is licensable pursuant to this chapter shall pay an annual fee if the total gross receipts, or gross purchases in the case of wholesale merchants, from the licensable business activity are $10,000.00 or more, but less than $300,000.00 ("license fee cap"), during the base year. An annual license fee shall be paid for each licensable business activity. The annual fee shall be calculated as follows: Gross Receipts/Purchases of Each Licensable Business Activity IFee $1.00—$9,999.99 $0.00 $10,000.00—$299,999.99 $10.00 b. > – nm f ,,,,., the ,.,.;,.,..,eaf The county administrator shall review the license cap at least every three years and recommend changes to the board of supervisors he deems appropriate. Sec. 6-7. - Certain permits or certificates required. Every person subject to licensure for acting as a bondsman, fortune-teller, massage thefapist, massage elinie epefater, nightclub operator, taxi driver or solicitor, or adult business operator shall first obtain a permit or certificate as required by chapter 15. Sec. 6-15. - Due dates and penalties. (a) Each person subject to licensure under this chapter shall apply for a license and pay the applicable tax and fee prior to beginning business if he was not subject to licensure in the county on or before January 1 of the license year, or no later than March 1 of the license year if he was subject to licensure in the county prior to January 1 of the license year. In the case of licenses for non -continuous. beriodic. or annual events or sales. including those for itinerant merchants, vendor events, performances or amusements (such as public shows, athletic events, or exhibitions, or operation of amusement devices), carnivals, circuses, and going -out -of -business sales, such payment and application for license shall be due prior to beginning operations for the sale or event in the current year, whether or not a license was obtained in a prior year, unless otherwise stated within this chapter. For events for which a promoter is responsible for a vendor event license or other license based on attendance or vendor count, the commissioner shall have discretion to allow payment after start of the event. 0623:110280.1 ARTICLE II. - TAX RATES FOR LICENSE TAXES COMPUTED UPON BASE YEAR GROSS RECEIPTS Sec. 6-23. - Imposition of taxes generally. a. -No tax shall be levied pursuant to this article on any business whose base year gross receipts, or gross purchases in the case of wholesale merchants, were less than $300,000.00. If the base year gross receipts of the licensable business activity are greater than or equal to $300,000.00 ("license cap fee"), the amount of such gross receipts shall be reduced by $300,000.00 for the purpose of calculating the applicable tax and the business shall pay the tax on the reduced amount or a license fee of $10.00, whichever is greater. The $300,000.00 reduction shall not apply to any estimates made under section 6-24 but shall apply to the correction of such estimates. :��ErasI'll V r .. ..• ARTICLE III. - FLAT FEE LICENSE TAXES Sec. 6-40. - Promoters of athletic contests, races, etc. Every person presenting a professional or for-profit basketball, baseball, football, wrestling or boxing match or similar competitive athletic performance or exhibition, or presenting an automobile, motorcycle or go-cart or similar vehicle, horse, dog or animal race or contest, and who charges an admission fee to spectators for such event shall pay a license tax of $20.00 for every day of the event. If the event includes outside vendors, the promoter may also be subject to licensure under § 6-50 (vendor event) of this chapter; likewise, individual vendors, including the promoter if he is selling at retail, may be subject to additional license requirements within this chapter, including § 647 (itinerant merchants) or other relevant license categories. 5XMI Sec. 6-42. - Carnivals and circuses. (a) Every person operating a carnival or circus shall pay a license tax of $300.00 for the first week of the carnival or circus and $100.00 for each additional week. No additional license shall be required of the carnival or circus licensee for the privilege of selling soft drinks, confections, food, souvenirs and novelties on the grounds on which the carnival or circus is operated. If the carnival or circus includes outside vendors, the promoter may also be subject to licensure under 6-50 (vendor event) of this chapter; likewise, individual vendors, including the promoter if he is selling at retail, may be subject to a separate or additional license under § 6-47 (itinerant merchants) or other relevant license(s) under this Code. 0623:110280.1 Sec. 6-47. - Itinerant merchants. (a) Except as provided in subsections (b), (c), (d), (e), (f), and (g), every itinerant merchant shall pay a license tax of $250.00 for each location used during r^r,,ar through june of the lieense year, and shall pay a lieense tax ef $250.00 for eaeh loeation used during 44Y fl,,.,.,,,,rl, December of the l;eense year a calendar. (b) No license tax shall be imposed on any itinerant merchant who sells or offers for sale in person or by his employees only the following items or any of them if such items were grown, or -produced, or harvested by him or by his employees and were not purchased by them for sale: ice, wood, charcoal, meats, milk, butter, eggs, poultry, game, vegetables, fruits or other family supplies of a perishable nature or farm, domestic or nursery products or fish or animal broducts harvested from the water. (c) A license tax of $50.00 shall be imposed on each itinerant merchant for each location used during the license year by such itinerant merchant to sell or offer for sale in person or by his employees only the following items or any of +her food and drinks of a perishable nature, including farm or domestic or nursery products or fish or animal products harvested from the water if such items were not grown, or --produced, or harvested by him or by his employees: , b , r;uits o other- ,edible family supplies e f a perishable ,,.,tune ••• (e) A license tax of $50.00 shall be imposed on an itinerant merchant for each location used during the license year for activities conducted as part of an event conducted or sponsored by any department of the county or state government. The commissioner of the revenue may reauire written verification and/or other bresumbtive proof from an authorized representative of such government department as evidence of sponsorship. Presumptive proof of sponsorship should include, but may not be limited to, a significant contribution of time, money, or other resources. (h) An itinerant merchant who does business within a fully enel„sshopping center building pursuant to a valid lease shall be considered a retail merchant under this chapter if the following conditions are met: (1) The merchant has engaged in the business at the shopping center for 12 continuous months and has obtained the license and paid the tax required by this section for such 12 -month period; 0623:110280.1 4 (2) The merchant applies for a retail merchant license at the expiration of such 12 - month period; and (3) The merchant continues to engage in the business at the shopping center on a continuous basis. Upon satisfying conditions (1) and (2) above, the merchant shall be taxed as if the merchant had been a retail merchant for the entire 12 -month period described in subsection (1) above. (k) An itinerant merchant who does business at a vendor event at which the promoter of such event has obtained a vendor event license shall be considered to be doing business under such license. For that event location, the itinerant merchant license tax shall not apply. Nonbrofit organizations are exembt from having to obtain a vendor event license. An exempt organization may voluntarily choose to purchase a vendor event license, in which case itinerant merchants who participate in the event shall be considered to be doing business under that license and for that event location the itinerant merchant tax shall not apply. Sec. 6-48. - Peddlers. Every peddler who is not expressly exempt from a license tax under the provisions of this chapter shall obtain a license for the privilege of doing business in the county and shall pay a license tax as set forth below: (a) Unless otherwise provided in this section or in some other section of this chapter, the license tax for each peddler selling or offering for sale goods, wares and merchandise shall be X500:98$250.00 for the license tax year. r•t (c) No license shall be imposed on any peddler who sells or offers for sale in person or by his employees only the following items or any of them if such items were grown, or -produced, or harvested by him or by his employees and were not purchased by him for sale: ice, wood, charcoal, meats, milk, butter, eggs, poultry, game, vegetables, fruits or other family supplies of a perishable nature or farm, domestic or nursery products or fish or animal products harvested from the water. (d) A license tax of $25.00 per vendor or vehicle for the license year shall be imposed on any peddler who sells or offers for sale in person or by his employees food, drinks, or otherog ods the following 4ems or an), of them if such items were not grown_, or -produced, or harvested by him or by his employees.meats,mi'— <« eggs,pouitry, fish,oysters, seafood, game,vegetables, fruit or other edible family lies of a perishable „^* rn; and who, for the purpose of peddling such food, drinks, or goods, does not stay in one location or allow his vehicle to remain in 0623:110280.1 place any than is necessary to conclude a sale of any goods, wares, or merchandise or a continuous uninterrupted series of sales thereof, for any than a maximum of 30 minutes. (fe) A peddler whose activities are conducted solely for charitable purposes and who is not paid for his services shall not be required to pay any license tax under this section. (1}f) A peddler who sells fire wood for home consumption shall not be required to pay any license tax under this section. (ig) A peddler's license shall not be transferable and shall not be subject to proration. The full amount of the license tax shall be paid when assessed. (jh) It shall be unlawful for a peddler to park, stand, stop or allow a vehicle to remain in any place for the purpose of peddling any lengei• than i , to e0fielude ., goods,sale of any park,sales thereof-, and in any evei4 it shall be unlawful fer- a peddler- to stand, stop or allowehiele t rl., e f the pufpese of peddling more than 3-0 minutes8 hours in any day. (lei) The license tax imposed under this section shall be imposed upon each person and each agent of a corporation, association, or other entity who conducts the activities of a peddler; except that peddlers who all peddle from or in close proximity to a vehicle and who all peddle the same type of goods, wares or merchandise may obtain a single peddler license for each vehicle, w-hieh shall list the names of all The license tax for such license shall be the amount of tax that would otherwise have been charged to one of those peddlers. Sec. 6-50. - Flea markets, aft shows and trade s' owsVendor events. (a) Every person engaged in the business of organizing, promoting or managing a flea market, er^ft showor- t -Fa e sho vendor event shall pay a license tax calculated in accordance with subsection (c). 0623:110280.1 (b) No person participating in a flea mafket, sr -aft show of tfade—sh&wvendor event as a merchant shall be liable for any license taxation on his gross receipts generated at such show event or for a flat fee license as an itinerant merchant at the event under this chapter if the promoter, manager or organizer of the show event obtains a license and pays the license tax as provided in this section. If the promoter fails to file and pay a license application pursuant to this section, all vendors participating in the event shall be subject to the applicable licenses enumerated in this chapter. Vendors selling alcohol, irrespective of participation in a vendor event, are also subject separately to requirements set forth in § 6-38, 6-39, and/or 6-39.1 of this chapter. (c) The license tax imposed by this section shall be equal to $2.00 per day fef eaeh mer-,.h—ant paffieipating in a flea market, er-aft show or- tfade show dufing sueh day or- an�, peftk)sueh day. The maximum IfflE shall not exeeed $250.00 fef eaeh lieense for- a show, but eael flea mar-ket, tfade show or- er-aft show shall r-equife a separate heefise. Stteh lieefise not be b length,ranAed for- a period E)f time in exeess E)f seven eonseeUtive days. in the evei4 that show tfflEed ptffsuai4 to this seetion exceeds seven eenseeutive days in the Ewga-fii > pfemetef of manager- shall be required to obtain a new lieense for- eaeh additional se;' days, and the mffldmum tax pr-evided for- by this seetion shall apply to the new lieense. Sueh lieense tax shall be dtte and payable not latef than Offee business days followiRg4he onelusio of the she«,$25 per event per site or $100 annually for an unlimited number of events at a single site vendor event. Within one week following the conclusion of an event, or quarterly for all events within a quarter if such license is annual, the promoter shall provide the commissioner of the revenue a list of vendors who participated at the event. The commissioner may, at his discretion, require this list before the event in the case of promoters who are based outside of the county. (d) A pfemotef, managef liable tmdei: this seelion to pay fner-e than $500.00 per- individual mer-ehaiA per- sin&b > the > manage. — of stteh show shall not be liable under- this seetion to pay mofe than $500.00 for- s merchapA at that leeation dwing—that lieenseyear-. Promoters that are nonprofit organizations are exempt from having to obtain a vendor event license. An exempt organization may voluntarily choose to purchase a vendor event license, in which case individual vendors participating in the event will not be required to obtain a separate itinerant merchant license for that location. (2) That this ordinance shall become effective January 1, 2018. 0623:110280.1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 15, 2017 Item Number: 13.8.5. Subject: 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: Matoaca District: Wynstone Park at Magnolia Green Section 2 Preparer: Scott B. Smedley Title: Director, Environmental Engineering Attachments: 0 Yes F]No # 'TO: Board of Supervisors FROM: Department of Environmental Engineering SUBJECT: State Road Acceptance - Wy nston e Park at Magnolia Green Section 2 DISTRICT Matoaca MEE-nNG DATE: November 15, 2017 ROADS FOR CONSIDERATON: Lupice Ln Memorial Tournament Dr Wynstone Park Ln =111041w, Produced Qj Chesivftzl County GIs CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page I of I AGENDA Meeting Date: November 15, 2017 Item Number: 13.113.6. Subiect: Designation of Virginia Department of Transportation Sidewalk, Virginia Department of Transportation Drainage and Temporary Construction Easements for the Bailey Bridge Road Sidewalk Project County Administrator's Comments: County Administrator: Board Action Requested: Designate VDOT sidewalk, VDOT drainage and temporary construction easements for the Bailey Bridge Road Sidewalk Project and authorize the County Administrator to execute the designation. Summary of Information: In order to construct the Bailey Bridge Road Sidewalk Project, it is necessary that a variable width temporary construction easement, a VDOT drainage easement and a VDOT sidewalk easement be designated for VDOT maintenance. This request has been reviewed by the Transportation Department and Schools. Approval is recommended. District: matoaca Preparer: John W. Harmon Title: Real Property Manager Attachments: 0 Yes F-1 No # IN ilk F6 N A I IN M I Designation of Virginia Department of Transportation Sidewalk, Virginia Department of Transportation Drainage and Temporary Construction Easements for the Bailey Bridge Road Sidewalk Project M �Bailey Bridge Middle Schoof Sidewalk Easement f o VDOT Maintenance an Temporary Constructi• EaseueTt a Manchester High School M1 No 10 IN Chesterfield County Department of Utilities A119I �A- Ali" VIA 3:4Q;� 19 Qj dy j 5 vy VIA 3:4Q;� 19 Qj dy j 5 fXV V L 3Z N 7fiNDI IV AVf, R7 Jf P,, IVA 1p4 MX r VA, to Cs i OAK 1p4 to Cs to Cs i OAK 0-I.D,�d wwlol 'VIS M." '1 014", 3NOH,7�Vn "I i3l, _J2 isu. the" ..... ml ...... "PIP"I-, o o 41 fu Gi ut �-vh VV, ------ - --- - 4r, Q1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of I AGENDA Meeting Date: November 15, 2017 Item Number: 13.113.7. Subiect: Request to Vacate a Portion of a Sixteen -Foot Water Easement and a Portion of a Twenty -Foot Drainage Easement (Private) Across the Property of Breckenridge 2017 LLC County Administrator's Comments: County Administrator: Board Action Requested: Authorize the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a 16 -foot water easement and a portion of a 20 -foot drainage easement (private) across the property of Breckenridge 2017 LLC. Summary of Information: Breckenridge 2017 LLC has requested the vacation of a portion of a 16 -foot water easement and a portion of a 20 -foot drainage easement (private) across its property as shown on the attached plats. This request has been reviewed by the Utilities Department and Environmental Engineering. A new water easement will be dedicated and a new water line constructed prior to recordation of the quitclaim deed. Approval is recommended. District: Bermuda Preparer: John W. Harmon Title: Real Property Manager Attachments: 0 Yes FI No # Ld A VICINITY SKETCH Request to Vacate a Portion of a Sixteen-F'oot Water Easement and a Portion of a Twenty -Foot Drainage Easement (Private), Across the Property of Breckenridge 2017 LLC 0 Portion of a 20' Drainage Easement (Private) and a Portion of a 116' Water Easement to, be Quitclaimed "t MIN IN 0- 12 r1w N Chesterfield County Depadment of Utilities dzslb� - AMEmqk W_* E S lll&'—"M.�leefl %; Po VAVI�) 301 Ln (Nf, Ln SON -,-� I F < jEff E OVT (Nn I �o ,INO"�A 0 < 05• S V) uj 0 Z, uj z co <1 7- ODU < 0 Z, x 0. < 0 0 Z F= 0 10 0 ro 0 7-- 0 R 11 0 E" �q O " z o C5 0 W LU 04 04 LL Z. . < m o 'lz� NM, z w w < co i Ld -j cQ 0 cn < Z Lo Lo C6 Z. 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O O OCa 00 2)y S N a U S _j'o� n �I��oQ> wa� ww�Q�� o o � oN, 4 N LLJM WN waN �0 C7 c0 d I 04 rA 44 =v zTN� QWW EE- o LLL W wCL N O w N H < Q J zvw t,. d m ~ j W 0 Q z_ 0 od a z > S C C) 0 F Q 000 Z_ O w O C. x3�Mz 0 w O w 3 u Z n Q O O C_- 0 O NM Z V=1 d M K OL H J Q W C a d z J Q O 7 p O W N wNw 0 '> w 0 Q m > c a O Z : d p to002 M O F=-�+J- 2 O Z z N M d co N W N -4.0000�^ W � co W M O 0 �p V coM W M cD OR OO It R'r, Ln OU" �OMi / duj v J w w w 3 3 3 3 3 w w m 3 w w w w 3 W w 3 3 3 3 m o oN O O N O o O o N Q f- Z �n N M 'o O M M M M M M M o LU 2' CC u<, Pr); n -Or- .- 00 N it Nd'r-.t.-O � W :- Co :- d' Lo:jt0 h OJ Cn O J J \ W}W -� ZZZZzZz \ V)2 (n V) NM d'M O r- OD H I JZ -) J J J J J J _) J J J J N O w N H < Q J zvw t,. d m ~ j W 0 Q z_ 0 od a z > S C C) 0 F Q 000 Z_ O w O C. x3�Mz 0 w O w 3 u Z n Q O O C_- 0 O NM Z V=1 d M K OL H J Q W C a d z J Q O 7 p O W N wNw 0 '> w 0 Q m > c a O Z : d p to002 M O F=-�+J- 2 O Z z N M d iR , c'D co m. C z j J U) t- co N W N m t�C\l W � co W M O 0 �j N mto� i'� U� M m w� 45?). cr�cj J / duj v W w w w 3 3 3 3 3 w w m O m N!`)MM N .- •- N� O!n •- C,4Mtn C7 V �- n. r N 0 'to 0 iD W 6 w ' ' �` O O D M J m N 0cn 0 CO N ]` W inz Z cnw tnz�zZ z Z M d' Lo:jt0 h OJ Cn O J J \ W}W iR , c'D co m. C z j J U) t- t� v 1 i 4 " , 7� S�W T W � co w� 45?). cr�cj Q3a0ca� / duj v W U .. wj CL CL c� UJ c5 � — -'j .� �6a d t 0 , a z�aO0- \ C7 V n. r _ W C, cd cd ' ' �` O �O o aa y. o U to ]` W ` N NNN \ W}W \ Z z r A H I y Z �N d .Lwj I �` / Y r a w�U 3 W d a O Z O p 0 I~JZ4' i NCu)) S M C $ J � t� v 1 i 4 " , 7� r` W � co w� 45?). cr�cj Q3a0ca� / duj v ildNa Ln D N (ILj 1'tt i �6a d o V,O C7 V t� v 1 i 4 " , 7� CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: November 15, 2017 Item Number: 13.B.8. Subiect: Acceptance of a Parcel of Land Along Bermuda Hundred Road from Polytec, Inc. County Administrator's Comments: County Administrator: Board Action Requested: Accept the conveyance of a parcel of land containing 0.052 acres along Bermuda Hundred Road from Polytec, Inc., and authorize the County Administrator to execute the deed. Summary of Information: Staff requests that the Board of Supervisors parcel of land containing 0.052 acres along Polytec, Inc. This dedication will provide the Bermuda Hundred Road, and is a requirement for Inc. Chesterfield. Approval is recommended. District: Bermuda accept the conveyance of a Bermuda Hundred Road from ultimate right of way for the development of Polytec, Preparer: John W. Harmon Title: Real Property Manager Attachments: Yes No # 000..141 VICINITY SKETCH Acceptance of a Parcel of Land Along Bermuda Hundred Road from Polytec, Inc. Chesterfield County Department of Utilities dgmmftL " 1 Mn -666.671,et a s wj'i m z m 0 i 0 rP r N N y O O mby NVOv2 A4D to NoAn 4W�m o m n 0 W !N oA�Aa o ��hC NO V a mtan'Dm � b o t C) m ''GG�pp77 O� n m v o H STATE '9 m BERMUDA HUNDRED ROAD A 80' R/W ° D.A. 471, PG. 43 i z� • o y F z m 0 i T I M M O N S GROUP I ceepe, vn avl5 i�89�.593.U90 tAx 60aA58.151] mn.timmauwn CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page I of 1 AGENDA Meeting Date: November 15, 2017 Item Number: 13.B.9. --- N I Subiect: Request to Vacate a Portion of a Fifty -Five -Foot Sewer Easement Across the Property of Stone Harbour LLC County Administrator's Comments: County Administrator: Board Action Requested: Authorize the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a 55 -foot sewer easement across the property of Stone Harbour LLC. Summary of Information: Stone Harbour LLC has requested the vacation of a portion of a 55 -foot sewer easement across its property as shown on the attached plat. The request has been reviewed by the Utilities Department and this portion of the easement is not needed. Approval is recommended. District: matoaca Preparer: John W. Harmon Title: Real Property Manager Attachments: 0 Yes F-1 No # . 000144 VICINITY SKETCH Request to Vacate a Portion of a Fifty Five -Foot Sewer Easement Across the Property of Stone Harbour LLC F REQUEST TO QUITCLAIM A P ORTI ON OFA 55' SEWER EASEMENT 10 N Chesterfield County Department of Utilities Idgmallokk I ANS17--41% I NAA 63 3611955.66--) 11782410.31 S6°5T36"E t6' DRAINAGE & 1 U77LITY EASEMENT P.B. 31, PG. 76 MATOAGA MANOR 7 P.B. 31, PG. 76 ❑ D � -,8 RRIoR ORNE __._..- -----SAN- 4"' ----SAN-- 5�, � 1 " , TEMPORARY40' 1 Based an graphic detemunativn This property , /1 �` '� , TURNAROUND EASEMENT 1 Is In zone '7C° of the HUD defined flood Y 4? P.B. 31, PG. 76 hazard area as shown onFEMA Flood Insurance Rate Map, CommunNy Panel �� t MATOACA MANOR #51041C0430D dated December 18, 2017 1 P.B. 3f, PG, 76 This survey was prepared without the benefit ,19 t0' DRAINAGE & 120 of a title binder and may dserefore not show ,/ �� U ' DRAI NASE & 1 al! existutg easements or other pertinent facts 1 which may affect the property. g' P.O. 31, PG. 76 SCALE 1 "--NY 0 50' 100' SH o,4 W. M. NAuLTY Lie. No. 2067 e h 11-7-17 <4,,D G`�11,j EXISTING SANITARY SEWER LINE ALLAN P PHELPS GPIN: 782611027300000 D.B. 11412, PG. 550 55'SANITARY SEWER EASEMENT R.B. 1221, PG. 46 POR770M OF' 55' SAMTARY WER EASEMENT' TD BE VACATED PLAT SHOWING A PORTION OF A 55' SANITARY SEWER EASEMENT TO BE VACATED LOCATED NORTH OF THE TERMINUS OF WARRIOR DRIVE AND EAST OF HALLOWAYAVENUE MATOACA DISTRICT CHESTERFIELD COUNTY, VIRGINIA N.'3611637.69 E: 11782005.02 EXISTING SANITARY SEWER MANHOLE (TYPICAL) SY SANITARY STONE HARBOR LLC GPIN.- 762612395400000 , \--t/1 f 20901 HALLOWAYAVENUE vn v / D.B. 9654 PG. 541 ` P.B. 103, PG 96 SCALE 1 "--NY 0 50' 100' SH o,4 W. M. NAuLTY Lie. No. 2067 e h 11-7-17 <4,,D G`�11,j EXISTING SANITARY SEWER LINE ALLAN P PHELPS GPIN: 782611027300000 D.B. 11412, PG. 550 55'SANITARY SEWER EASEMENT R.B. 1221, PG. 46 POR770M OF' 55' SAMTARY WER EASEMENT' TD BE VACATED PLAT SHOWING A PORTION OF A 55' SANITARY SEWER EASEMENT TO BE VACATED LOCATED NORTH OF THE TERMINUS OF WARRIOR DRIVE AND EAST OF HALLOWAYAVENUE MATOACA DISTRICT CHESTERFIELD COUNTY, VIRGINIA N.'3611637.69 E: 11782005.02 EXISTING SANITARY SEWER MANHOLE (TYPICAL) TMS DRAWING PREPARF9ATTHE Date: Nov. 7, 2017 Sca/e:1 "=50' PR1I4Cl 6SEOItiiE 6FlICZ YW0.VISION ACfltB/ED THROUGH OURS. 4701 CwV : way, E 900 j PrYia w VA 23615 Sheet 1 of 1 J N.: 40441-903 m 804-541.6600 FAX W4A-4 .1511 www.Wnmpnsxam Drawn by.JNL Checked by: WMN SY SANITARY SEWER EASEMENT D.B. 122t, PG. 46 \i ` ROBERT D. &SHERYL P. FISHER GPI 1611 906500000 1 D.B. 6927, PG. 987 1 TMS DRAWING PREPARF9ATTHE Date: Nov. 7, 2017 Sca/e:1 "=50' PR1I4Cl 6SEOItiiE 6FlICZ YW0.VISION ACfltB/ED THROUGH OURS. 4701 CwV : way, E 900 j PrYia w VA 23615 Sheet 1 of 1 J N.: 40441-903 m 804-541.6600 FAX W4A-4 .1511 www.Wnmpnsxam Drawn by.JNL Checked by: WMN CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 2 AGENDA Meeting Date: November 15, 2017 Item Number: 13.13.10. Subiect: Approval of Grant Application and Agreement, Approval of a Contract and Appropriation of Funds for the Purchase of a Special Purpose Park at the Ware Bottom Church Battlefield County Administrator's Comments: County Administrator: Board Action Requested: Authorize the County Administrator or his designee to execute a grant application and agreement; approve a contract for the purchase of a Special Purpose Park at the Ware Bottom Church Battlefield from Miles and Wells; appropriate up to $161,212 in occupancy tax reserves to cover the county's share of the purchase and closing costs, and up to $608,845 in anticipated reimbursements from other partners; and authorize the County Administrator to execute the contract and deed. Summary of Information: Staff requests that the Board of Supervisors approve the purchase of a parcel of land containing approximately 52 acres as shown on the attached plat for $913,268, plus closing costs estimated at $9,000. The parcel is adjacent to the existing 10 -acre Ware Bottom Church Battlefield Park and preserves Civil War earthworks, a unique piece of the county's history and a cornerstone of the county's heritage tourism program. The purchase is contingent on receipt of a grant from the American Battlefield Protection Program, which will provide half of the purchase price, $456,634, toward this preservation effort. The remaining half will be split evenly three ways between the county, the land owners (as a donation), and the Civil War Trust at approximately $152,211 each. The contract includes contingency language requiring all governmental approvals to be obtained prior to closing, including obtaining substantial accord approval. Preparer: John W. Harmon Title: Real Property Manager Preparer: Matt Harris Attachments: 0 Yes 1:1 No Title: Budget Director CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA The Board is requested to appropriate up to $161,212 in occupancy tax reserves (restricted for tourism related expenses) to cover the county's share of the purchase and closing costs, and up to $608,845 in anticipated reimbursements from other partners. DistriCt: Bermuda Ware Bottom Church Battlefield Land Acquisition Expenses Purchase price 913,268 Less in-kind contribution from owners (152,211) Closing costs 9,000 Total Expenses 770,057 REVENUES American Battlefield Protection Program 456,634 Civil War Trust 152,211 Subtotal reimbursements 608,845 County (occupancy tax reserves) 161,212 Total Revenues 770,057 M 101hymMa Approval of a Contract and Appropriation of Funds for the Purchase of a Special Purpose Park at the Ware Bottom Church Battlefield ApiprovalofaCoritract,and Apprropriation 5PR" of Funds for the Purchase of a Special Park at the, Ware Bottom Church Battlefield 511 AMIMII M- 00 0 1 oil MITMI1.1 M -I @ H M. 1. LEtGHW RTHBLVD 2. ESR,. ST a MIkLGOLM I ' tW ' BLM ST / 4- GALSWOR DR 5- CHAMMOIN 6- HILLER DR. T STE NEE INH' 'RST R 1 8- DONNAFORD 9AANEIB RN N Chesterfield County Dep fitment of Util Ries Mdzgllb� - A w E --- acs--- - ra (1 :C-- Q a 0 fflH u Qpt� �q bd Qa m CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 2 AGENDA Meeting Date: November 15, 2017 Item Number: 13.B.11. Subiect: Adoption of Guidelines and Procedures Pursuant to the Public -Private Education Facilities and Infrastructure Act of 2002, as Amended (Code of Virginia § 56-575.1 et seq.) (the "PPEA") County Administrator's Comments: County Administrator: Board Action Requested: Adoption of attached proposed PPEA Guidelines and Procedures. Summary of Information: The PPEA grants responsible public entities t private partnerships for the development of projects for public use. Pursuant to the PPEA, and make publicly available guidelines that compliance with the PPEA prior to requesting a qualifying project. The attached proposed consistent with the requirements of state law ae authority to create public - a wide range of qualifying Chesterfield County must adopt are sufficient to enable the or considering a proposal for Guidelines and Procedures are for this purpose. The proposed Guidelines and Procedures are based on the Model Guidelines and Procedures developed by the PPEA Working Group as directed by the General Assembly. The County Guidelines and Procedures set forth the requirements of the County with respect to soliciting, receiving, and evaluating proposals for qualifying projects as well as entering into interim and comprehensive agreements with private entities pursuant to the PPEA. The Guidelines and Procedures also set forth the requirements for submission of both solicited and unsolicited proposals from private entities to the County. Preparer: Keith Gagnon Title: Procurement Director Attachments: ■ Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Public-private transportation projects generally are not advanced through PPEA procedures, but rather through the Public -Private Transportation Act of 1985 (Code of Virginia § 33.2-1800 et seq.) (the "PPTA") and are not covered by these PPEA Guidelines and Procedures. Staff intends to bring forth PPTA guidelines at a future date. Staff presented the PPEA structure and concepts to the Audit and Finance Committee on October 31, 2017. The PPEA Guidelines and Procedures have been sent to Chesterfield County Public Schools staff for review and future consideration by the Chesterfield County School Board so that both public bodies may adopt similar Guidelines and Procedures. The proposed PPEA Guidelines and Procedures are attached. Staff recommends adoption of the proposed PPEA Guidelines and Procedures. MM Public -Private Education Facilities and Infrastructure Act of 2002, as Amended (PPEA) Guidelines and Procedures County of Chesterfield Adopted by the Chesterfield County Board of Supervisors on November 15, 2017 Table of Contents Introduction................................................................................................................................................................................................ l A. Overview...................................................................................................................................................................................... l B. Adoption of Guidelines................................................................................................................................................................. l 1. General Provisions........................................................................................................................................................................... l A. Qualifying Projects.......................................................................................................................................................................1 B. Proposal Submission.....................................................................................................................................................................2 C. Affected Local Jurisdictions.........................................................................................................................................................4 D. Freedom of Information Act; Disclosure of Records....................................................................................................................4 E. Use of Public Funds......................................................................................................................................................................6 F. Applicability of Other Laws......................................................................................................................................................... 6 II: Solicited Proposals...........................................................................................................................................................................6 III. Unsolicited Proposals....................................................................................................................................................................... 7 A. Decision to Accept and Consider Unsolicited Proposal; Notice...................................................................................................7 B. Posting Requirements................................................................................................................................................................... 8 C. Proposal Review Fees...................................................................................................................................................................9 D. Initial Review at Conceptual Stage.............................................................................................................................................10 IV. Proposal Preparation and Submission.........................................................................................................................................10 A. Format for Submissions at the Conceptual Stage.......................................................................................................................10 B. Format for Submissions at the Detailed Stage............................................................................................................................14 V. Proposal Evaluation and Selection Criteria....................................................................................................................................15 A. Qualifications and Experience....................................................................................................................................................16 B. Project Characteristics................................................................................................................................................................16 C. Project Financing........................................................................................................................................................................17 D. Public Benefit and Compatibility................................................................................................................................................17 E. Other Factors..............................................................................................................................................................................18 VI. Additional Review Procedures...................................................................................................................................................18 A. Advisory Committee...................................................................................................................................................................18 B. Appropriating Body....................................................................................................................................................................18 VII. Interim and Comprehensive Agreements....................................................................................................................................18 A. Interim Agreement Terms...........................................................................................................................................................19 B. Comprehensive Agreement Terms.............................................................................................................................................19 C. Public Hearing; Notice and Posting Requirements.....................................................................................................................21 VIII. Governing Provisions.................................................................................................................................................................22 IX. Terms and Definitions................................................................................................................................................................22 Introduction A. Overview The Public -Private Education Facilities and Infrastructure Act of 2002, as amended (Code of Virginia § 56-575.1 et seq.) (the "PPEA"), grants the County of Chesterfield (the "County"), as a responsible public entity ("RPE") as defined in the PPEA, the authority to create public-private partnerships for the development of a wide range of projects for public use if the County determines there is a need for the project and that private involvement may provide the project to the public in a timely or cost-effective fashion, lead to productivity or efficiency improvements in the County's processes or delivery of services, considering among other things, the probable scope, complexity or priority of the project, risk sharing including guaranteed cost or completion guarantees; added value or debt or equity investments proposed by the private entity; or an increase in funding, dedicated revenue source or other economic benefit that would not otherwise be available. Individually negotiated interim or comprehensive agreements between a private entity and the County will define the respective rights and obligations of the private entity and the County. Although guidance regarding the application of the PPEA is provided herein, it is incumbent upon the County and all private entities to comply with the provisions of the PPEA. B. Adoption of Guidelines Section 56-575.3:1 of the PPEA provides that "A responsible public entity shall, prior to requesting or considering a proposal for a qualifying project, adopt and make publicly available guidelines that are sufficient to enable the responsible public entity to comply with this chapter. Such guidelines shall be reasonable, encourage competition, and guide the selection of projects under the purview of the responsible public entity." Accordingly, these guidelines (the "Guidelines") are hereby adopted by the Board of Supervisors (the "Board") as the governing body of the County. These Guidelines are intended to supplement, and enable the County to comply with, PPEA's requirements. They shall govern all County PPEA projects and shall apply to all County agencies, boards, commissions, and committees. If these Guidelines and the PPEA conflict, the terms of the PPEA control. I. General Provisions A. Qualifying Projects In order for a project to be eligible for delivery through the PPEA, it must meet the PPEA definition of a "qualifying project." The PPEA contains a broad definition of "qualifying project" that includes public buildings and facilities of all types and certain infrastructure and services such as: 1. any education facility, including, but not limited to a school building, any functionally related and subordinate facility and land to a school building (including any stadium or other facility primarily used for school events), and any depreciable property provided for use in a school facility that is operated as part of the public school system or as an institution of higher education; Page 1 of 23 Chesterfield County PPEA Guidelines and Procedures 2. any building or facility that meets a public purpose and is developed or operated by or for any public entity; 3. any improvements, together with equipment, necessary to enhance public safety and security of buildings to be principally used by a public entity; 4. utility and telecommunications and other communications infrastructure; 5. a recreational facility; 6. technology infrastructure, services, and applications, including, but not limited to, telecommunications, automated data processing, word processing and management information systems, and related information, equipment, goods and services; 7. any services designed to increase the productivity or efficiency of the responsible public entity through the use of technology or other means; 8. any technology, equipment, or infrastructure designed to deploy wireless broadband services to schools, businesses, or residential areas; (ix) any improvements necessary or desirable to any unimproved locally- or state-owned real estate; or 9. any solid waste management facility as defined in Code of Virginia § 10.1-1400 that produces electric energy derived from solid waste. B. Proposal Submission 1. Pursuant to Section 56-575.4 of the PPEA, a proposal to provide a qualifying project to the County may be either solicited from private entities by the public entity (a "Solicited Proposal") or delivered to the public entity by a private entity on an unsolicited basis (an "Unsolicited Proposal"). Proposers must follow a two-part proposal submission process consisting of an initial conceptual phase and a detailed phase. The initial phase of the proposal should contain specified information on proposers qualifications and experience, project characteristics, project financing, anticipated public support or opposition, or both, and project benefit and compatibility. The detailed proposal should contain specified deliverables. In either case, any such proposal shall be clearly identified as a "PPEA Proposal." 2. The requirements for any particular Solicited Proposal shall be as specified in the solicitation by the County for that particular proposal and shall be consistent with all applicable provisions of the PPEA. 3. Any Unsolicited Proposal shall be submitted to the County by delivering both paper submission (hard copies) and electronic submission (digital copies) as specified below, together with the required initial review fee as provided in section III.0 of these Guidelines, to the Procurement Director, Chesterfield County, 9901 Lori Road, Chesterfield, VA 23832. Page 2 of 23+� Chesterfield County PPEA Guidelines and Proceduresi a. Paper submission (hard copies) i. One (1) original signed proposal marked as "ORIGINAL" ii. Six (6) duplicate copies of above each marked as "COPY" iii. One (1) redacted copy marked as "REDACTED" only if Private Entity has invoked protection from disclosure of certain proprietary and confidential information contained in their proposal in accordance with section I.D of these Guidelines. Private Entity must also include a written request in accordance with section I.D.2.b of these Guidelines to invoke such protection from disclosure. b. Electronic Submission (provide on CD -R, DVD -R or USB Flash/Thumb drive) i. One (1) electronic copy of proposal in a text searchable format (either MS Word, or text searchable PDF). ii. One (1) redacted electronic copy of proposal in a text searchable format only if Private Entity has invoked protection from disclosure of certain proprietary and confidential information contained in their proposal in accordance with section I.D of these Guidelines. Other requirements for Unsolicited Proposals are as set forth below in section III of these Guidelines. 4. The County may require that any proposal be clarified. Such clarification may include but is not limited to submission of additional documentation, responses to specific questions, and interviews with potential project participants. Proposals should be prepared simply and economically, providing a concise description of the proposer 's capabilities to complete the qualifying project and the benefits to be derived from the project by the County. Project benefits to be considered are those occurring during the construction, renovation, expansion or improvement phase and during the life cycle of the project. Proposals also should include a scope of work and a financial pian for the project, containing enough detail to allow an analysis by the County of the financial feasibility of the proposed project. The cost analysis of a proposal should not be linked solely to the financing plan, as the County may determine to finance the project through other available means. 6. Private entities may include innovative financing methods, including the imposition of user fees or service payments in a proposal. Such financing arrangements may include the issuance of debt instruments, equity or other securities or obligations, including, if applicable, the portion of the tax-exempt private activity bond limitation amount to be allocated annually to the Commonwealth of Virginia pursuant to the Economic Growth and Tax Relief Reconciliation Act of 2001 for the development of education facilities using Page 3 of 23 Chesterfield County PPEA Guidelines and Procedures public-private partnerships, and to provide for carryovers of any unused limitation amount. The PPEA is a flexible development tool that allows the use of innovative financing techniques. 7. Proposals from the private sector that offer the assumption of commensurate risk by the private partner through innovative approaches to project financing, development and/or use are encouraged. However, while substantial private sector involvement is encouraged, qualifying facilities must be devoted primarily to public use, typically involving facilities critical to public health, safety and welfare. Private entities proposing projects shall be held strictly accountable for representations regarding their qualifications, experience and any other content of their proposals, including all aspects of work to be performed. C. Affected Local Jurisdictions 1. The term "affected local jurisdiction" includes any county, city or town in which all or a portion of a qualifying project is located. 2. Any private entity requesting approval from or submitting a conceptual or detailed proposal to the County as the responsible public entity for a qualifying project must provide any other affected local jurisdiction with a copy of the proposal by certified mail, express delivery, or hand delivery within five (5) business days of submission of the proposal to the County. The private entity is responsible for documenting delivery of the request or proposal. Any such other affected local jurisdiction shall have 60 days from the date it receives its copy of the proposal to submit written comments to the County and to indicate whether the proposed qualifying project is compatible with the (i) local comprehensive plan, (ii) local infrastructure development plans, or (iii) capital improvements budget, or other government spending plan. The County will consider comments received within the 60 -day period in evaluating the request or proposal; however, no negative inference shall be drawn from the absence of comment by an affected jurisdiction. The County may begin or continue its evaluation of any such proposal during the 60 -day period for the receipt of comments from affected local jurisdictions. D. Freedom of Information Act; Disclosure of Records 1. General applicability of disclosure provisions Proposal documents submitted by private entities are generally subject to disclosure under the Virginia Freedom of Information Act (Code of Virginia § 2.2 — 3700 et seq. ("FOIA") except to the extent that they relate to: a. Trade secrets of the private entity as defined in the Uniform Trade Secrets Act (Code of Virginia §59.1-336 et seq.); b. Financial records of the private entity that are not generally available to the public through regulatory disclosure or otherwise, including but not limited to, balance sheets and financial statements; or Page 4 of 23 Chesterfield County PPEA Guidelines and Procedures Other information submitted by a private entity, where if the record or document were made public prior to the execution of an interim or comprehensive agreement the financial interest or bargaining position of the public or private entity would be adversely affected. Additionally, to the extent access to proposal documents submitted by private entities are compelled or protected from disclosure by a court order, the County must comply with the provisions of such order. 2. Protection from mandatory disclosure for certain documents submitted by a private entity a. Any confidential and proprietary information provided to the County by a private entity pursuant to the PPEA shall be subject to disclosure under the Virginia Freedom of Information Act ("FOIA") except as provided by § 56-575.4(G) of the PPEA. b. Documents of a private entity may be withheld from disclosure, only if the private entity makes a written request to the County at the time the documents are submitted designating with specificity the sections of the document, data, or other materials for which the protection is being sought and a clear statement of the reasons for invoking the protection with reference to one or more of the three classes of records listed in Section II. D. 1 of these Guidelines. A private entity may request and receive a determination from the County as to the anticipated scope of protection prior to submitting the proposal. The County is authorized and obligated to protect only confidential proprietary information, and thus will not protect any portion of a proposal from disclosure if the entire proposal has been designated confidential by the private entity without reasonably differentiating between the proprietary and non- proprietary information contained therein. 3. Protection from mandatory disclosure for certain documents produced by the County a. Memoranda, staff evaluations, or other records prepared by or for the County, its staff, outside advisors or consultants, exclusively for the evaluation and negotiation of proposals may be withheld from disclosure if the disclosure of such records required by the PPEA would adversely affect the financial interest or bargaining position of the County or private entity, and the basis for the determination of adverse affect is documented in writing by the responsible public entity. b. Cost estimates relating to a proposed procurement transaction prepared by or for the County shall not be open to public inspection. 4. Records that may not be withheld from disclosure The County may not withhold from public access: a. Procurement records other than those subject to the written determination of the public entity; Page S of 23 Chesterfield County PPCA Guidelines and Procedures 7 ' b. Information concerning the terms and conditions of any interim or comprehensive agreement, service contract, lease, partnership, or any agreement of any kind executed by the County and the private entity; Information concerning the terms and conditions of any financing arrangement that involves the use of any public funds; or d. Information concerning the performance of any private entity developing or operating a qualifying project. E. Use of Public Funds Commonwealth of Virginia constitutional and statutory requirements as they apply to appropriation and expenditure of public funds apply to any interim or comprehensive agreement entered into under the PPEA. Accordingly, the processes and procedural requirements associated with the expenditure or obligation of public funds shall be incorporated into planning for any PPEA project or projects. F. Applicability of Other Laws Nothing in the PPEA shall affect the duty of the County to comply with all other applicable law not in conflict with the PPEA. The applicability of the Virginia Public Procurement Act (the "VPPA") is as set forth in the PPEA. II. Solicited Proposals The County may issue Requests for Proposals (RFPs) inviting proposals from private entities to develop or operate qualifying projects. The County may use a two-part proposal process consisting of an initial conceptual phase and a detailed phase. An RFP may invite proposers to submit proposals on individual projects identified by the County. In such a case the County should set forth in the RFP the format and supporting information that is required to be submitted, consistent with the provisions of the PPEA. The County may establish suggested timelines for selecting proposals for the review and selection of solicited proposals. The RFP should specify, but not necessarily be limited to, information and documents that must accompany each proposal and the factors that will be used in evaluating the submitted proposals. The RFP should be posted in such public areas as are normally used for posting of County procurement notices, including the County's e -Procurement website (Procurement Information Gateway or PInG). Notices should also be published in a newspaper or other publication of general circulation and may be advertised in Virginia Business Opportunities and posted on the Commonwealth's electronic procurement site. In addition, solicited proposals should be posted pursuant to Section III.B. The RFP should also contain or incorporate by reference other applicable terms and conditions, including any unique capabilities or qualifications that will be required of the private entities submitting proposals. Pre -proposal conferences may be held as deemed appropriate by the County. Page 6 of 23 010101-62 Chesterfield County PPEA Guidelines and Procedures III. Unsolicited Proposals The PPEA permits public entities to receive, evaluate and select for negotiations unsolicited proposals from private entities to develop or operate a qualifying project. The County may publicize its needs and encourage interested parties to submit unsolicited proposals subject to the terms and conditions of the PPEA. When such a proposal is received without issuance of an RFP, the proposal shall be treated as an unsolicited proposal under the Act. Unsolicited proposals should be submitted to the County's Procurement Director in accordance with section I.B of these Guidelines. A working group comprised of appropriate County staff may be designated by the County Administrator or his designee to review and evaluate any unsolicited proposals. Additionally, the County may engage the services of qualified professionals, which may include an architect, professional engineer, or certified public accountant, not otherwise employed by the County, to provide independent analysis regarding the specifics, advantages, disadvantages, and the long- and short-term costs of any proposal submitted by a private entity for a qualifying project. The process for evaluating an Unsolicited Proposal, which is described in detail below, consists of four steps. Briefly summarized, upon receipt of an Unsolicited Proposal the County's first step will be to determine whether to accept it for consideration at the conceptual stage. If so, then in step two the County will give public notice of the Unsolicited Proposal. In step three the County will proceed with a review at the conceptual stage of the original Unsolicited Proposal and/or any proposal received in response to the public notice and accepted for consideration at the conceptual stage. Step four is an in- depth review at the detailed stage of the original Unsolicited Proposal and/or any proposal received in response to the public notice and accepted for consideration at the detailed stage. However, the County may discontinue its evaluation of any proposal at any time. Furthermore, if the County determines that it is in the County's interest to do so with respect to any Unsolicited Proposal, the County may eliminate review at the conceptual stage and proceed directly to a review at the detailed stage. A. Decision to Accept and Consider Unsolicited Proposal; Notice 1. The County reserves the right to reject any and all proposals at any time. 2. Upon receipt of any unsolicited proposal or group of proposals and payment of the required fee by the proposer or proposers, the County will determine whether to accept the unsolicited proposal for publication and conceptual -phase consideration. If the county determines not to accept the proposal and proceed to publication and conceptual -phase consideration, it will return the proposal, together with all fees and accompanying documentation, to the proposer. 3. If the County chooses to accept an unsolicited proposal for conceptual -phase consideration, it shall post a notice in a public area regularly used by the County for posting of public notices for a period of not less than 45 days. The County's electronic procurement website known as PInG shall be the public area. The County shall also publish the same notice for a period of not less than 45 days in one or more newspapers or periodicals of general circulation in the jurisdiction to notify any parties that may be interested in submitting competing unsolicited proposals. In addition, the notice may be advertised in Virginia Business Opportunities and on the Commonwealth's electronic procurement website. The notice shall state that the Page 7 of 23 Chesterfield County PPEA Guidelines and Procedures yrt County (i) has received and accepted an unsolicited proposal under the PPEA, (ii) intends to evaluate the proposal, (iii) may negotiate an interim or comprehensive agreement with the proposer based on the proposal, and (iv) will accept for simultaneous consideration any competing proposals that comply with the procedures adopted by the County and the PPEA. The notice also shall summarize the proposed qualifying project or projects, and identify their proposed locations. Copies of unsolicited proposals shall be available upon request, subject to the provisions of FOIA and §56-575.4 G of the PPEA. 4. Prior to posting of the notices provided for in this subsection, the County shall receive from the initial proposer the balance due, if any, of the required project proposal review fee. To ensure that sufficient information is available upon which to base the development of a serious competing proposal, representatives of the County familiar with the unsolicited proposal and the guidelines established by the County shall be made available to respond to inquiries and meet with private entities that are considering the submission of a competing proposal. The County shall conduct an analysis of the information pertaining to the proposal included in the notice to ensure that such information sufficiently encourages competing proposals. Further, the County shall establish criteria, including key decision points and approvals to ensure proper consideration of the extent of competition from available private entities prior to selection. B. Posting Requirements 1. Conceptual proposals, whether solicited or unsolicited, shall be posted by the County within 10 working days after acceptance of such proposals. 2. Posting shall be made on the County's e -Procurement website (known as "Procurement Information Gateway" or "PInG") of a summary of the proposals and the location where copies of the proposals are available for public inspection. At the discretion of the County, posting may also be by publication, in a newspaper of general circulation in the area in which the contract is to be performed, or on the Commonwealth's Department of General Service's web -based electronic procurement program commonly known as eVA. 3. Nothing shall be construed to prohibit the posting of the conceptual proposals by additional means deemed appropriate by the County to provide maximum notice to the public of the opportunity to inspect the proposals. 4. In addition to the posting requirements, at least one copy of the proposals shall be made available for public inspection. Trade secrets, financial records, or other records of the private entity excluded from disclosure under the provisions of subdivision 11 of §2.2-3705.6 shall not be required to be posted, except as otherwise agreed to by the County and the private entity. Any inspection of procurement transaction records shall be subject to reasonable restrictions to ensure the security and integrity of the records. Page 8 of 23 Chesterfield County PPEA Guidelines and Procedures4 C. Proposal Review Fees No fee will be charged to process, review or evaluate any solicited proposal submitted under the PPEA. 2. A review fee will be charged a private entity submitting an Unsolicited Proposal to the County, to cover the County's costs of processing, reviewing, and evaluating the proposal, including the cost to compare it to any competing proposals. Such costs include but are not limited to County staff time, the cost of any materials or supplies expended, and the cost of any outside advisors or consultants, including but not limited to attorneys, consultants, financial and technical advisors, used by the County in its sole discretion to assist in processing, reviewing, or evaluating the proposal. Such fees generally shall be in the amount necessary to completely cover all of the County's costs. 3. For unsolicited proposals and competing proposals, review fees shall be imposed based on the reasonably anticipated costs to the County in accordance with the following schedule: a. Initial fee. Payment of an initial fee must accompany the submission of the Unsolicited Proposal to the County in order for the County to proceed with its review. The initial fee shall be two and one-half percent (2.5%) of the reasonably anticipated total cost of implementing the proposal, but shall be no less than $5,000 nor more than $50,000, regardless of the anticipated total cost. For purposes of initial processing of the proposal, the County may accept the $5,000 minimum fee with the balance to be due and payable prior to proceeding beyond the initial review stage. If the County chooses to proceed with evaluation of the proposal(s) under the PPEA, it shall not do so until the entire, non-refundable proposal fee has been paid in full. b. Additional fees. Additional fees shall be imposed on and paid by the private entity throughout the processing, review, and evaluation of the Unsolicited Proposal if and as the County reasonably anticipates incurring costs in excess of the initial fee paid by the private entity. The County will notify the private entity of the amount of such additional fees as and when it anticipates incurring such costs. Prompt payment of such additional fees is required before the County will continue to process, review, and evaluate the proposal. c. Reimbursement of excess fees paid. In the event the total fees paid by the private entity exceed the County's total costs incurred in processing, reviewing, and evaluating the proposal, the County shall reimburse the difference. Otherwise, the County shall retain all fees paid. If during the initial review, the County decides not to proceed to conceptual -stage review of an unsolicited proposal, the proposal fee, less any direct costs of the initial review, shall be refunded. Page 9 of 23 Chesterfield County PPEA Guidelines and Procedures A Initial Review at Conceptual Stage 1. Only proposals complying with the requirements of the PPEA and these Guidelines that contain sufficient information for a meaningful evaluation and that are provided in an appropriate format, as described below, will be considered by the County for further review at the conceptual stage. 2. The County should determine at this initial stage of review whether it will proceed using: a. Standard procurement procedures consistent with the VPPA; or b. Guidelines developed by the County that are consistent with procurement of other than professional services through "competitive negotiation" as the term is defined in § 2.2-4301 of the Code of Virginia. The County may proceed using such guidelines only if it makes a written determination that doing so is likely to be advantageous to the County and the public based upon either (i) the probable scope, complexity or priority of need; (ii) the risk sharing including guaranteed cost or completion guarantees, added value or debt, or equity investments proposed by the private entity; or (iii) the increase in funding, dedicated revenue or other economic benefit that would otherwise not be available. 3. After reviewing the original proposal and any competing proposals submitted during the notice period, the County may determine: a. not to proceed further with any proposal; b. to proceed to the detailed phase of review with the original proposal; C. to proceed to the detailed phase with a competing proposal; d. to proceed to the detailed phase with multiple proposals; or e. to request modifications or amendments to any proposals. 4. Discussions between County and private entities about the need for infrastructure improvements shall not limit the ability of a County to later determine to use standard procurement procedures to meet its infrastructure needs. The County retains the right to reject any proposal at any time prior to the execution of an interim or comprehensive agreement. IV. Proposal Preparation and Submission A. Format for Submissions at the Conceptual Stage The County may require that proposals at the conceptual stage contain information in the following areas: (i) qualifications and experience, (ii) project characteristics, (iii) project financing, (iv) anticipated public support or opposition, or both, (v) project benefit and compatibility and (vi) any Page 10 of 23 Chesterfield County PPEA Guidelines and Procedures 00016 additional information as the County may reasonably request to comply with the requirements of the PPEA. Suggestions for formatting information to be included in proposals at this stage include the items listed below, as well as any additional information or documents that County may request: 1. Qualification and Experience a. Identify the legal structure of the firm or consortium of firms making the proposal. Identify the organizational structure for the project, the management approach and how each partner and major subcontractor in the structure fits into the overall team. b. Describe the experience of the firm or consortium of firms making the proposal and the key principals involved in the proposed project including experience with projects of comparable size and complexity. Describe the length of time in business, business experience, public sector experience and other engagements of the firm or consortium of firms. Describe the past safety performance record and current safety capabilities of the firm. Describe the past technical performance history on recent projects of comparable size and complexity, including disclosure of any legal claims of the firm. Include the identity of any firms that will provide design, construction and completion guarantees and warranties and a description of such guarantees and warranties. Provide resumes of the key individuals who will be involved in the project. c. Provide the names, addresses, and telephone numbers of persons within the firm or consortium of firms who may be contacted for further information. d. Provide a current or most recently audited financial statement of the firm or firms and each partner with an equity interest of twenty percent or greater. e. Identify any persons known to the private entity who would be obligated to disqualify themselves from participation in any transaction arising from or in connection to the project pursuant to The Virginia State and Local Government Conflict of Interest Act, Chapter 31 (§ 2.2-3100 et seq.) of Title 2.2. 2. Project Characteristics a. Provide a description of the project, including the conceptual design. Describe the proposed project in sufficient detail so that type and intent of the project, the location, and the communities that may be affected are clearly identified. b. Identify and fully describe any work to be performed by the County or any other public entity. Page 11 of 23 do'0 67 Chesterfield County PPEA Guidelines and Procedures 9 c. Include a list of all federal, state and local permits and approvals required for the project and a schedule for obtaining such permits and approvals. d. Identify any anticipated adverse social, economic and environmental impacts of the project. Specify the strategies or actions to mitigate known impacts of the project. Indicate if environmental and archaeological assessments have been completed. Identify the projected positive social, economic and environmental impacts of the project. Such social and economic impacts should include but are not limited to community benefits, including the economic impact the project will have on the local community in terms of the amount of additional tax revenue to be generated for the County, the number of jobs generated for County residents and level of pay and fringe benefits of such jobs, the training opportunities for apprenticeships and other training programs for County residents generated by the project, and the number and value of subcontracts generated for County subcontractors. f. Identify the proposed schedule for the work on the project, including the estimated time for completion. g. Identify contingency plans for addressing public needs in the event that all or some of the project is not completed according to projected schedule. h. Propose allocation of risk and liability for work completed beyond the agreement's completion date, and assurances for timely completion of the project. i. State assumptions related to ownership, legal liability, law enforcement and operation of the project and the existence of any restrictions on the public entity's use of the project. j. Provide information relative to phased or partial openings of the proposed project prior to completion of the entire work. k. Describe any architectural, building, engineering, or other applicable standards that the proposed project will meet. 1. List any other assumptions relied on for the project to be successful. in. List any contingencies that must occur for the project to be successful. 3. Project Financing a. Provide a preliminary estimate and estimating methodology of the cost of the work by phase, segment, or both. b. Submit a plan for the development, financing and operation of the project showing the anticipated schedule on which funds will be required. Describe the anticipated Page 12 of 23 Chesterfield County PPEA Guidelines and Procedures costs of and proposed sources and uses for such funds, including any anticipated debt service costs. The operational plan should include appropriate staffing levels and associated costs. Include any supporting due diligence studies, analyses, or reports. c. Include a list and discussion of assumptions underlying all major elements of the plan. Assumptions should include all fees associated with financing given the recommended financing approach. In addition, complete disclosure of interest rate assumptions should be included. Any ongoing operational fees, if applicable, should also be disclosed as well as any assumptions with regard to increases in such fees. d. Identify all anticipated risk factors and methods for dealing with these factors. e. Identify any local, state or federal resources that the private entity contemplates requesting for the project. Describe the total commitment, if any, expected from governmental sources (and identify each such source) and the timing of any anticipated commitment. Such disclosure should include any direct or indirect guarantees or pledges of the County's credit or revenue. f. Identify the amounts and the terms and conditions for any revenue sources. g. Identify any aspect of the project that could disqualify the project from obtaining tax- exempt financing. h. Identify any third parties that the private entity contemplates will provide financing for the project and describe the nature and timing of each such commitment. 4. Project Benefit and Compatibility a. Describe the anticipated benefits to the community, region or state, including anticipated benefits to the economic condition of the County, and identify who will benefit from the project and how they will benefit. Such social and economic impacts should include but are not limited to community benefits, including the economic impact the project will have on the local community in terms of the amount of additional tax revenue to be generated for the County, the number of jobs generated for County residents and level of pay and fringe benefits of such jobs, the training opportunities for apprenticeships and other training programs for County residents generated by the project, and the number and value of subcontracts generated for County subcontractors. b. Identify any anticipated public support or opposition, as well as any anticipated government support or opposition, for the project. c. Explain the strategy and plans that will be carried out to involve and inform the general public, business community, and governmental agencies in areas affected by the project. Page 13 of 23 Chesterfield County PPEA Guidelines and Procedures d. Describe the compatibility of the project with local, regional, and state economic development efforts. e. Explain the compatibility with the County's comprehensive plan, infrastructure development plans, capital improvements budget, or other government spending plan. f. Provide a statement setting forth participation efforts to be undertaken in connection with this project with regard to the following types of businesses: (i) minority-owned businesses, (iii) woman -owned businesses, (iii) small businesses, and (iv) Chesterfield businesses. B. Format for Submissions at the Detailed Stage If the County decides to proceed to the detailed phase (part 2) of review with one or more Proposals, then the following information must be provided by the private entity unless waived by the County: 1. 1. A topographical map (1:2,000 or other appropriate scale) depicting the location of the proposed project. 2. A conceptual site plan indicating proposed location and configuration of the project on the proposed site; 3. Conceptual (single line) plans and elevations depicting the general scope, appearance and configuration of the project. 4. A detailed description of the proposed participation, use and financial involvement of the County in the project. Include the proposed terms and conditions for the project if they differ from the County's Standard Form contract. 5. A list of public utility facilities, if any, that will be crossed by the qualifying project and a statement of the plans of the private entity to accommodate such crossings. 6. A statement and strategy setting out the plans for securing all necessary property. The statement must include the names and addresses, if known, of the current owners of the subject property as well as a list of any property the private entity intends to request the public entity to condemn. 7. A detailed listing of all firms that will provide specific design, construction and completion guarantees and warranties, and a brief description of such guarantees and warranties. 8. A total life -cycle cost specifying methodology and assumptions of the project or projects and the proposed project start date. Include anticipated commitment of all parties; equity, debt, and other financing mechanisms; and a schedule of project revenues and project costs. The life -cycle cost analysis should include, but not be limited to, a detailed analysis of the Page 14 of 23 Chesterfield County PPEA Guidelines and Procedures 2j projected return, rate of return, or both, expected useful life of facility and estimated annual operating expenses. 9. A detailed discussion of assumptions about user fees or rates, and usage of the projects. 10. Identification and discussion of any known government support or opposition, or general public support or opposition for the project. Government or public support should be demonstrated through resolution of official bodies, minutes of meetings, letters, or other official communications. 11. Demonstration of consistency with appropriate local comprehensive or infrastructure development plans or indication of the steps required for acceptance into such plans. 12. Explanation of how the proposed project would impact local development plans of each affected local jurisdiction. 13. Description of an ongoing performance evaluation system or database to track key performance criteria, including but not limited to schedule, cost, cash management, quality, worker safety, change orders, and legal compliance. 14. Identification of any known conflicts of interest or other limitations that may impact the County's consideration of the proposal, including the identification of any persons known to the private entity who would be obligated to disqualify themselves from participation in any transaction arising from or in connection to the project pursuant to The Virginia State and Local Government Conflict of Interest Act, Chapter 31 (§ 2.2-3100 et seq.) of Title 2.2. 15. Detailed analysis of the financial feasibility of the proposed project, including its impact on similar facilities operated or planned by the County. Include a detailed description of any financing plan proposed for the project, a comparison of that plan with financing alternatives that may be available to the County, and all underlying data supporting any conclusions reached in the analysis or the selection by the private entity of the financing plan proposed for the project. 16. Additional material and information as the County may request. 17. Any additional information that the private entity finds appropriate. V. Proposal Evaluation and Selection Criteria Some or all of the following matters may be considered in the evaluation and selection of PPEA proposals. However, the County retains the right at all times to reject any proposal at any time for any reason whatsoever. Page 15 of 23 :9 Chesterfield County PPEA Guidelines and Procedures A. Qualifications and Experience Factors to be considered in either phase of the County's review to determine whether the private entity possesses the requisite qualifications and experience may include but are not necessarily limited to: 1. Experience, training and preparation with similar projects; 2. Demonstration of ability to perform work; 3. Demonstrated record of successful past performance, including timeliness of project delivery, compliance with plans and specifications, quality of workmanship, cost -control and project safety; 4. Demonstrated conformance with applicable laws, codes, standards, regulations, and agreements on past projects; 5. Leadership structure; 6. Project manager's experience; 7. Management approach; 8. Project staffing plans, the skill levels of the proposed workforce, apprenticeship and other training programs offered for the project, and the proposed safety plans for the project; 9. Financial condition; and 10. Project ownership. B. Project Characteristics Factors to be considered in evaluating the project characteristics may include but are not necessarily limited to: 1. Project definition; 2. Proposed project schedule; 3. Operation of the project; 4. Technology; technical feasibility; 5. Conformity to laws, regulations, codes, guidelines and standards; 6. Environmental impacts; 7. Condemnation impacts; Page 16 of 23 Chesterfield County PPEA Guidelines and Procedures 8. State and local permits; and 9. Maintenance of the project. C. Project Financing Factors to be considered in determining whether the proposed project financing allows adequate access to the necessary capital to finance the project may include but are not necessarily limited to: 1. Cost and cost benefit to the County; 2. Financing and the impact on the debt or debt burden of the County; 3. Financial plan, including overall feasibility and reliability of the plan; operator's past performance with similar plans and similar projects; degree to which the operator has conducted due diligence investigation of proposed financial plan and results of any such inquiries or studies 4. Estimated cost; 5. Life -cycle cost analysis; and 6. The identity, credit history, and past performance of any third party that will provide financing for the project and the nature and timing of their commitment; 7. Such other items as the County deems appropriate. The County may elect to accept the private entity's financing proposal or may select its own finance team, source, and financing vehicle. A Public Benefit and Compatibility Factors to be considered in determining the proposed project's compatibility with the appropriate local or regional comprehensive or development plans may include but are not necessarily limited to: 1. Community benefits, including the economic impact the project will have on the County in terms of amount of tax revenue generated for the County, the number of jobs generated for area residents, the level of pay and fringe benefits of such jobs, and the number and value of subcontracts generated for County subcontractors; 2. Community support or opposition, or both; 3. Public involvement strategy; 4. Compatibility with existing and planned facilities; and 5. Compatibility with local, regional, and state economic development efforts. Page 17 of 23 000171 Chesterfield County PPEA Guidelines and Procedures E. Other Factors Other factors that may be considered in the evaluation and selection of PPEA proposals include: 1. The proposed cost of the qualifying project; 2. The general reputation, industry experience, and financial capacity of the private entity; 3. The proposed design of the qualifying project; 4. The eligibility of the project for accelerated documentation, review, and selection; 5. Local citizen and government comments; 6. Benefits to the public; including whether the project will lead to productivity or efficiency improvements in the County's processes or delivery of services to the public; 7. The private entity's minority business plan or good faith effort to comply with the goals of such plan; 8. The private entity's plan to employ local contractors and residents; and 9. Other criteria that the County deems appropriate. VI. Additional Review Procedures A. Advisory Committee The County may establish criteria to trigger establishment of an advisory committee consisting of representatives of the County to review the terms of the proposed interim or comprehensive agreement. The criteria should include, but not be limited to, the scope, total cost and duration of the proposed project, and whether the project involves or impacts multiple public entities. Timelines for the work of the committee should be developed and made available to proposers. B. Appropriating Body If the County is not the Responsible Public Entity ("RPE") for appropriating or authorizing funding to pay for a qualifying project, then the County in reviewing or approving the project should establish a mechanism for that appropriating body to review any proposed interim or comprehensive agreement prior to execution. When a school board is the RPE, review by the local governing body shall satisfy this requirement. VII. Interim and Comprehensive Agreements The County shall not accept liability for any part or phase of a project prior to entering into a properly executed interim or comprehensive agreement. The Board of Supervisors shall approve any interim or comprehensive agreement executed pursuant to the PPEA. Any changes in the terms of an executed interim or comprehensive agreement shall be in the form of a written amendment. Page 18 of 2300 '7 Chesterfield County PPEA Guidelines and Procedures A. Interim Agreement Terms Interim agreements may be used when it is necessary or advisable to segment a project to produce distinct and clear deliverables necessary to keep the project moving towards development of a comprehensive agreement. An interim agreement may not be used to have the County assume risks that should be assumed by the proposer or to pay costs attributable to the private entity's efforts in making the proposal. Interim agreements require the same level of approval as Comprehensive Agreements. Development of an interim agreement is in the sole discretion of the County and in no way limits the rights reserved by the County to terminate the evaluation of any or all proposals at any time. Prior to or in connection with the negotiation of the comprehensive agreement, the responsible public entity may enter into an interim agreement with the private entity proposing the development or operation of the qualifying project. Such interim agreement may: 1. Permit the private entity to commence activities for which it may be compensated relating to the proposed qualifying project, including, but not limited to, project planning and development, design and engineering, environmental analysis and mitigation, survey, and ascertaining the availability of financing for the proposed facility or facilities; and 2. Establish the process and timing of the negotiation of the comprehensive agreement; The scope of an interim agreement may include but is not limited to: 1. Project planning and development; 2. Design and engineering; 3. Environmental analysis and mitigation; 4. Survey; 5. Ascertaining the availability of financing for the proposed facility through financial and revenue analysis; 6. Establish a process and timing of the negotiation of the comprehensive agreement; and 7. Any other provisions related to any aspect of the development or operation of a qualifying project that the parties may deem appropriate prior to the execution of a comprehensive agreement. B. Comprehensive Agreement Terms Prior to developing or operating any qualifying project, a selected private entity shall enter into a comprehensive agreement with the County as provided by the PPEA. Such comprehensive agreement and any amendment thereto, must be approved by the Board of Supervisors before it is entered into on behalf of the County. Page 19 of 23 Chesterfield County PPEA Guidelines and Procedures 75 The scope of the comprehensive agreement shall include but not be limited to: 1. The delivery of maintenance, performance and payment bonds or letters of credit in connection with any development or operation of the qualifying project, in the forms and amounts satisfactory to the County; 2. The review and approval of plans and specifications for the qualifying project by the County; 3. The right of the County to inspect the qualifying project to ensure compliance with the comprehensive agreement and any development plans and specifications; 4. The maintenance of a policy or policies of liability insurance or self-insurance, each in form and amount satisfactory to the County and reasonably sufficient to insure coverage of tort liability to the public and employees and to enable the continued operation of the qualifying project; The monitoring of the practices of the private entity by the County to ensure proper maintenance; 6. The terins under which the private entity will reimburse the County for services provided; 7. The policies and guidelines governing the rights and responsibilities of the County and the private entity in the event that the comprehensive agreement is terminated or there is a material default by the private entity, including the conditions governing assumption of the duties and responsibilities of the private entity by the County and the transfer or purchase of property or other interests of the private entity by the County; 8. The terms under which the private entity will file appropriate financial statements on a periodic basis; The mechanism by which user fees, lease payments, or service payments, if any, may be established from time to time upon agreement of the parties. Any payments or fees shall be set at a level that is the same for persons using the facility under like conditions and that will not materially discourage use for the qualifying project. The agreement shall also contain the following requirements: a. A copy of any service contract shall be filed with the County b. A schedule of the current user fees or lease payments shall be made available by the private entity to any member of the public upon request. c. Classifications according to reasonable categories for assessment of user fees may be made. 10. The terms and conditions under which the County may contribute financial resources, if any, for the qualifying project; Page 20 of 23y Chesterfield County PPEA Guidelines and Procedures?' 11. The terms and conditions under which existing site conditions will be assessed and addressed, including identification of the responsible party for conducting the assessment and taking necessary remedial action; 12. The terms and conditions under which the County will be required to pay money to the private entity and the amount of any such payments for the project. 13. Any other provisions required by the PPEA and/or other applicable law. 14. Such other terms and conditions as the public entity may deem appropriate. Any changes in the terms of the comprehensive agreement as may be agreed upon by the parties from time to time shall be added to the comprehensive agreement only by written amendment. The comprehensive agreement may provide for the development or operation of phases or segments of a qualifying project. C. Public Hearing; Notice and Posting Requirements 1. In addition to the posting requirements of Section III.B of these Guidelines, the County shall hold a public hearing on the proposals during the proposal review process, but not later than 30 days prior to entering into an interim or comprehensive agreement. 2. Once the negotiation phase for the development of an interim or a comprehensive agreement is complete and a decision to award has been made by the County, the County shall post the proposed agreement in the following manner: a. Posting shall be made on the County's e -Procurement website (known as "Procurement Information Gateway" or "PInG") of a summary of the proposals and the location where copies of the proposals are available for public inspection. At the discretion of the County, posting may also be by publication, in a newspaper of general circulation in the area in which the contract is to be performed, or on the Commonwealth's Department of General Service's web -based electronic procurement program commonly known as eVA. 3. Once an interim agreement or a comprehensive agreement has been executed, the County shall make procurement records available for public inspection, in accordance with the Virginia Freedom of Information Act (§2.2-3700 et seq.). a. Such procurement records shall include documents initially protected from disclosure on the basis that the release of such documents would adversely affect the financial interest or bargaining position of the County. b. Such procurement records shall not include (i) trade secrets of the private entity or (ii) financial records, including balance sheets or financial statements of the private entity Page 21 of 23 Chesterfield County PPEA Guidelines and Procedures that are not generally available to the public through regulatory disclosure or otherwise. c. To the extent access to procurement records are compelled or protected by a court order, then the County must comply with such order. VIII. Governing Provisions In the event of any conflict between these Guidelines and the PPEA, the PPEA shall control whether as currently enacted or as amended in the future. IX. Terms and Definitions "Affected jurisdiction" means any county, city, or town in which all or a portion of a qualifying project is located. "Appropriating body" means the body responsible for appropriating or authorizing funding to pay for a qualifying project. "Comprehensive agreement" means the comprehensive agreement between the private entity and the responsible public entity that is required prior to the development or operation of a qualifying project. "Conceptual stage" means the initial phase of project evaluation when the public entity makes a determination whether the proposed project serves a public purpose, meets the criteria for a qualifying project, assesses the qualifications and experience of a private entity Proposer, reviews the project for financial feasibility, and warrants further pursuit. "Detailed stage" means the second phase of project evaluation where the public entity has completed the conceptual stage and accepted the proposal and may request additional information regarding a proposed project prior to entering into competitive negotiations with one or more private entities to develop an interim or comprehensive agreement. "Develop" or "development" means to plan, design, develop, finance, lease, acquire, install, construct, or expand. "Interim agreement" means an agreement between a private entity and a responsible public entity that provides for phasing of the development or operation, or both, of a qualifying project. Such phases may include, but are not limited to, design, planning, engineering, environmental analysis and mitigation, financial and revenue analysis, or any other phase of the project that constitutes activity on any part of the qualifying project. "Lease payment" means any form of payment, including a land lease, by a public entity to the private entity for the use of a qualifying project. "Material default" means any default by the private entity in the performance of its duties that jeopardizes adequate service to the public from a qualifying project. "Operate" means to finance, maintain, improve, equip, modify, repair, or operate. "Private entity" means any natural person, corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, nonprofit entity, or other business entity. Page 22 of 23 Chesterfield County PPEA Guidelines and Procedures �,� "Public entity" means the Commonwealth and any agency or authority thereof, any county, city or town and any other political subdivision of the Commonwealth, any public body politic and corporate, or any regional entity that serves a public purpose. "Qualifying project" means (i) any education facility, including, but not limited to a school building, any functionally related and subordinate facility and land of a school building (including any stadium or other facility primarily used for school events), and any depreciable property provided for use in a school facility that is operated as part of the public school system or as an institution of higher education; (ii) any building or facility that meets a public purpose and is developed or operated by or for any public entity; (iii) any improvements, together with equipment, necessary to enhance public safety and security of buildings to be principally used by a public entity; (iv) utility and telecommunications and other communications infrastructure; (v) a recreational facility; (vi) technology infrastructure and services, including, but not limited to, telecommunications, automated data processing, word processing and management information systems, and related information, equipment, goods and services; (vii) any technology, equipment, or infrastructure designed to deploy wireless broadband services to schools, businesses, or residential areas; (viii) any improvements necessary or desirable to any unimproved locally- or state-owned real estate; or (ix) any solid waste management facility as defined in Code of Virginia § 10.1-1400 that produces electric energy derived from solid waste. "Responsible public entity" or "RPE" means a public entity that has the power to develop or operate the applicable qualifying project. "Revenues" means all revenues, income, earnings, user fees, lease payments, or other service payments arising out of or in connection with supporting the development or operation of a qualifying project, including without limitation, money received as grants or otherwise from the United States of America, from any public entity, or from any agency or instrumentality of the foregoing in aid of such facility. "Service contract" means a contract entered into between a public entity and the private entity pursuant to § 56-575.5. Public -Private Education Facilities and Infrastructure Act of 2002, as amended. "Service payments" means payments to the private entity of a qualifying project pursuant to a service contract. "State" means the Commonwealth of Virginia unless the context dictates otherwise. "User fees" mean the rates, fees, or other charges imposed by the private entity of a qualifying project for use of all or a portion of such qualifying project pursuant to the comprehensive agreement pursuant to § 56-575.9. Page 23 of 23 Chesterfield County PPEA Guidelines and Procedures .v �. dooms �RFIELO COGyT� i • • . • • • • W_ AGENDA Page 1 of 2 Meeting Date: November 15, 2017 Item Number: 13.B.12. Subiect: Initiate an Application for Conditional Use Approval to Permit a Private Museum in an Agricultural (A) Zoning District for Property Located at 1611 County Line Road County Administrator's Comments: County Administrator: Board Action Requested: Initiate an application for conditional use to permit continued operation of a private museum at 1611 County Line Road (Tax ID 704-700-3328), in an Agricultural (A) zoning district, and appoint Andrew Gillies, Director of Planning, as agent for the Board of Supervisors for the purposes of this application and waive disclosure. Summary of Information: Mrs. Haley is requesting that the Board initiate an application for conditional use approval to permit continued operation of a private museum for a non-profit civic club. The civic club, known as Old Dominion Chapter of the National Railway Historical Society, stores and maintains historical railroad cars. The property received special exception approval in 1975 (Case 75A003) to allow the operation of a non-profit civic club. In 2012, the Board approved a conditional use to permit operation of a private museum that allows members of the public to be onsite for special events. The conditional use approval was granted for five (5) years and has expired. Approval of another conditional use is required to permit continued operation of the museum. Preparer: Andrew G. Gillies Attachments: ® Yes FINo Title: Director of Plannin CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 /749 AGENDA Virginia law permits the Board of supervisors to initiate a rezoning application on the principles of good zoning practice and general welfare to consider land uses that are not permitted under current zoning regulations. Consideration of this request will provide for a public process to review and determine if any adverse impacts would be generated on the property(s), on adjacent property owners, or the County in general and, if so, to determine what conditions might alleviate any adverse impacts and enhance land use compatibility. M0118x2 November 15, 2017 Speakers List Evening Session #1 (Following Presentation of Resolutions) 1. Frances War o fcak 2. Howard Cannon 3. Brenda Stewart 4. Rodney Martin 5. Phil Lohr Evening Session #2 (End of the Evening Agenda) 1. Ron Hayes 2. Ken Davis 93 H 5. BRENDA L. STEWART 5911 Woodpecker Rd Chesterfield, VA 23838 Phone: 804-313-9911 E-mail: bl-stewart@comcast.net November 15, 2017 COMMENTS TO BOARD OF SUPERVISORS DURING PUBLIC COMMENT PERIOD School Board Policy 1190 proclaims: "The School Board is charged by the Constitution of Virginia and elected by the citizens of Chesterfield County with governing Chesterfield County Public Schools. The School Board's leadership and governance are exercised through the promulgation of policy. The power to enact policy cannot be delegated_ to an employee or agent such as the Superintendent or a single member of the School Board. (Emphasis added.) Through statements to the media and emails to citizens, both Boards have adopted the position taken by a forensic examiner in a report by PBMares that eligibility requirements in documents approved by the governing body of this County under the authority of the Code of Virginia and the Code of Chesterfield County and approved by the IRS as a qualified deferred income payment plan can be overruled by a Superintendent. The examiner formulated his position without even reading the SRP Plan document as the record shows. No one provided him a copy. Careful reading of that report will reveal that the facts in the body of the report do not support the conclusion stated in the Executive Summary that the employee's "assignment ... was not inconsistent with her SRP Agreement." The sitting Attorney General's Opinion 14-049 involves a very similar case in Powhatan County, and inf orms the reader that the Plan's requirement f or assignment to the same or equivalent position is critical, and failure to fulfill that requirement makes the employee ineligible to participate in the SRP. The examiner stated that the requirements of the Plan are "irrelevant." He disregarded the requirement in the SRP Agreement that Participants must comply with the requirements of the Plan, including the equivalency in assignments requirement. By adopting the examiner's "conclusion," you are agreeing that the SRP Plan alone will no longer govern the administration of this program. Some Plan requirements will be subject to being overruled by the Superintendent. How can either Board effectively represent the citizens when you have decided that your authority as expressed through your own published policies and the SRP Plan can be neutralized and nullified by the Superintendent's insertion of a single sentence into a single form? If you as Supervisors can no longer control the administration of the Plan, then you cannot ensure that it has been "fixed." Without that control, actions similar to those taken by CCPS administrators in the past are free to continue, and that lack of discipline is certain to expose this County to unacceptable risk once again. Under these circumstances, how can you continue the Plan? What are the implications for governance in other areas? Both Boards are ignoring plain language, guidelines for establishing precedence when conflicting rules exist, and the Attorney General's opinion in favor of hiding behind the examiner and lawyers, none of whom have yet addressed our detailed written concerns about the examiner's report. Moving on and ignoring these governance issues is irresponsible and unacceptable. Please respond to these concerns publicly. P h% ► LAt,- NOVEMBER 1, 2017 MATOACA MEGA SITE TIMELINE COMPREHENSIVE PLAN COVERUP This is the sequence of events for the Matoaca Mega Site as researched by BARD and describes how the Chesterfield Economic Development Authority (CEDA) and Chesterfield County have tried to covertly allow heavy industrial rezoning for the site despite it not being in compliance with the 2012 Comp Plan or Zoning Ordinance 19.1-180. The Comprehensive Plan's (Comp Plan) purpose is to guide development in the County that will "promote the health, safety, prosperity and general welfare of the community." It is reviewed every 5 years. A 2017 revision is being drafted. The Zoning Ordinance is the implementation tool to move the plan forward, determine whether the zoning request is appropriate for the area, and proposed improvements for the property are consistent with the requested zoning. WHAT YOU CAN DO to help stop the Mega Site and the County from allowing heavy industrial zoning adjacent to residential or proposed residential areas is on Page 3. August 2016 -- CEDA signs secret option for purchase of 1500 acres for $14 million for the Mega Site. No public announcement is made. No independent appraisal obtained. CEDA agrees to pay real estate taxes for this property during the 1 year option period ($100,000+). Seller not to provide soil test results, environmental studies, and RPA study to CEDA until 5 days after full execution of option agreement -- results have no impact on sale. A very unusual arrangement as a buyer would normally want to know of any problems with the property being purchased, or even whether it is suitable for proposed use. November 2016 -- CEDA representative meets with County Planning - NO written record of meeting or discussions. CEDA and the County would have realized the difficulty to get 1-3 heavy industrial rezoning needed to attract a major heavy industrial company. The current County Zoning Ordinance 19.1-180, restricts 1-3 heavy industrial adjacent to existing or proposed residential. A few months after the November meeting, a change had been drafted for Comp Plan Chapter 10, The Land Use Plan, to allow heavy industrial in an 1-2 Light Industrial (1-2 Limited) zone under certain conditions. (The current 2012 Comp Plan for light industrial DOES NOT support heavy industrial use.) There is NO written research or documentation to support this proposed change to Comp Plan Corporate Office/Research & Development/Light Industrial use (zoning equivalent 1-2 Limited). A major land use change is requested by the Planning Department with no written documentation — very unusual. If adopted, 1-2 Limited would allow heavy industrial uses adjacent to residential communities all over the county. March 21, 2017 -- Planning staff includes the proposed 1-2 Limited change for DRAFT Chapter 10, The Land Use Plan, in staff summary and agenda for the afternoon session of the public monthly Planning Commission meeting. The proposed additional paragraph for 1-2 Limited allows heavy industrial, under certain conditions, to be located adiacent to existing or proposed residential in an area zoned light industrial. The name 1-2 Limited" is also misleading, since it does not LIMIT the scope of 1-2, but actually broadens it! From April to August this change appeared several times on the Planning Commission agenda. During that time, it WAS NEVER briefed by County staff or discussed by the Planning Page 1 of 9 Commissioners at the public Planning Commission afternoon sessions. Sessions are video-taped and put on-line for public viewing and have been reviewed. May 2017 -- CEDA signs option for purchase of an additional 137+ acres for the Mega Site. No independent appraisal obtained. Seller not to provide soil test results, environmental and RPA studies until after full execution of option agreement -- results have no impact on sale. County did not agree to pay real estate taxes during option period. June 30, 2017 -- John Cogbill is appointed by Board of Supervisors to CEDA Board. A retired land use attorney with McGuire, Woods, he represented Shoosmith in the land fill case in 1997. According to County records the largest portion of land being purchased for Mega Site (1500 acres for $14 million) is owned by The Thomas Co. LLC/co-owner Jack Shoosmith, Manager Nina Shoosmith. July 2017 -- Planning prepares a Zoning Opinion Synopsis on CEDA's pending rezoning request for 1-3 heavy industrial. Planning research comments state "Plan supports employment center uses here, including up to 1-2 when mitigation on nearby properties provided." (1-2 is light industrial.) August 8, 2017 -- CEDA turns in rezoning application to Planning requesting 1-3 heavy industrial for Mega Site. A $75,000 filing fee is paid. County Application Case Number 18SN0560. August 2017 -- Draft Chapter 10, The Land Use Plan posted on County website GGTerneia.aoviriannina.aspx"eia=8590.137758 for public comment. The proposed 1-2 Limited change is buried among a host of other Chapter 10 revisions. No public comments were submitted on proposed 1-2 Limited use, most likely due to the fact that it is buried in the other 29 pages of Chapter 10 revisions. August 31, 2017 — Governor McAuliffe, State and County officials announce the Mega Site Plan on the old Court House steps. This is the date the Public is first made aware of the "Matoaca" Mega Site project in the Bermuda District; over one year after CEDA put an option on most of the property. September 20, 2017 -- County holds Mega Site Open House in Carver Middle School cafeteria. No formal presentation. No public forum for questions and answers. Information arranged on tables with County Staff present to answer questions. Most attendees found this format unsatisfactory. For future meetings, citizens' protests demanded a formal presentation with a question and answer period following. October 2, 2017, October 3, 2017 -- County held three Mega Site community meetings with a power point presentation and displays -- Carver Middle School October 2 at 7pm; The Heights Baptist Church, Colonial Heights October 3 at 1 pm; and at Thomas Dale High School Oct 3 at 7 pm. John Cogbill, CEDA, was the principal spokesperson; Joe Casey, County Administrator; and Jesse Smith, Director of Chesterfield Transportation (CDoT) spoke and responded to questions. Mr. Cogbill maintained CEDA's 1-3 heavy industrial rezoning request is consistent with the current Comp Plan. A Frequently Asked Questions handout, prepared by CEDA, included Question 3. Is the proposed use consistent with the Comprehensive Plan? The answer -- "YES". This was despite the Zoning Opinion Synopsis supporting only up to 1-2 (light industrial) as well as current 2012 Comp Plan Chapter 10, and Zoning Ordinance 19.1-180 not supporting 1-3 heavy industrial adjacent to existing or proposed residential. Both the County and CEDA were fully aware it was not consistent; otherwise, why the need to find a way to circumvent County Zoning Ordinance 19.1-180 restrictions. Page 2 of 9 Spring 2018 -- It is anticipated the proposed 2017 Comp Plan, to include Chapter 10, the Land Use Plan, with the change for 1-2 Limited use will go to the Planning Commission and the Board of Supervisors for consideration and approval or denial. CONCLUSION: Failure of certain County and CEDA officials to publicly disclose and discuss the 1-2 Limited change and insistence that an 1-3 heavy industrial rezoning request for the Mega Site is consistent with the current Comp Plan is a cover-up. Knowing it would be extremely difficult to get 1-3 heavy industrial approved, they conceived a loophole -- light industrial 1-2 Limited. According to the Zoning Opinion Synopsis, uses for the site up to 1-2 (light industrial) are supported. If passed, the 1-2 Limited added paragraph allows heavy industrial use, under certain conditions, in an area zoned light industrial adjacent to residential. The CITIZENS are correct in their assertion, supported by County Ordinance 19.1-180; that the Mega Site property should not allow heavy industrial use. There is too much residential adjacent to the site. One has to question the integrity and transparency of both CEDA and County officials involved in this elaborate scheme. The proposed 1-2 Limited change is loosely written and open to interpretation — who determines when "tract having sufficient size", and "compatibility with nearby less intense uses" meet 1-2 Limited conditions. If 1-2 is passed by the Planning Commission and the Board of Supervisors, its use is not limited to the Mega Site. In Jim McConnell's October 25, 2017 Chesterfield Observer article, Steve Haasch, Chesterfield Planning Department, is quoted as saying "The land -use category would be applied across the county, not just for this project." If you live in an area with large undeveloped tracts near a major arterial, such as Route 288— BEWARE!! WHAT YOU CAN DO: VOICE YOUR OPPOSITION; SIGN THE PETITION, attend the public meetings; email or call your Planning Commissioner and Supervisor — let them know THIS PROJECT IS NOT CONSISTENT WITH THE COMPREHENSIVE PLAN AND NOT IN THE RESIDENTIAL COMMUNITY'S BEST INTEREST. 1-2 Limited change has not been passed. DRAFT Comp Plan's updates are still under review by the Planning Commission. Once complete, there will be public comment periods prior to a Spring 2018 vote by the Planning Commission and the Board of Supervisors. Defeat of 1-2 Limited can delay and help defeat the Mega Site. If 1-2 Limited is defeated, CEDA's current 1-3 rezoning request for the Mega Site would require proffering numerous restrictions -- giving citizens more leverage in their opposition. On the Web: http://bit.IV/nomegasite FACEBOOK: https•/ WWW.TaceDOOK.COM/maToacamegast�- - Page 3 of 9 Info in this timeline was obtained from Chesterfield County. Attachments: 1. Excerpt -Current Chesterfield County Zoning Ordinance —June 24, 2015 19.1-180 Heavy Industrial (1-3) District 2. Excerpt — Draft Chapter 10: The Land Use Plan Corporate Office/Research & Development/Light Industrial Equivalent Zoning: 0-2, 1-1; 1-2 Limited 3. Zoning Opinion Synopsis Content 4. E-mails Page 4 of 9 Attachment 1 Excerpt from Current Chesterfield County Zoning Ordinance —June 24, 2015 19.1-180 Heavy Industrial (1-3) District A. The purpose and intent of a Heavy industrial (1-3) District is to provide locations for intense manufacturing uses which process raw materials. This district should not be located adjacent to existing or proposed residential, office or commercial areas. B. An 1-3 District should generally be located in areas with access to arterial or collector roads and, where practical, in locations where rail and water access is available. This district should generally be buffered from residential, office or commercial districts by less intense uses. Sites should be designed to ensure maximum compatibility with, and minimal impact on, existing and future residential development in the area. Page 5 of 9 Attachment 2 Excerpt from Draft Chapter 10: The Land Use Plan, page LU 22 DRAFT CHAPTER 10: THE LAND USE PLAN CORPORATE OFFICE/RESEARCH & DEVELOPMENT/LIGHT INDUSTRIAL Equivalent Zoning: 0-2;1-1;1-2 Limited Uses The following uses are appropriate: o Corporate office, research, laboratories, and light manufacturing and assembly uses that are generally dependent upon raw materials first processed elsewhere. The uses are located completely within an enclosed building. Typical uses could include corporate headquarter offices and various types of laboratories; warehousing; and optical goods, cosmetic, jewelry, musical instruments and artist materials manufacturing. (Equivalent zoning categories 0-2 and 1-1). o Moderate industrial uses when designed, located and/or oriented to ensure compatibility with less intense uses; and are of a nature that has a similar impact as light manufacturing/research and development uses. Typical uses could include furniture, noodle, dairy and sign manufacturing. (Equivalent zoning category 1-2). o Heavy industrial uses when designed, located and/or oriented to ensure compatibility with nearby less intense uses, on tracts having sufficient size to mitigate potential impacts (such as noise and traffic) on surrounding property, and having adequate access to major arterial and limited access roads. o Under certain circumstances, within larger tracts developed for industrial uses, integrated supporting retail and service uses. Utilities New development should use the public water and wastewater systems. Moving Forward... The Comprehensive Plan For Chesterfield County Revision 4 CPC (7/18/17) LU 22 Page 6 of 9 Attachment 3 - Chesterfield County Zoning Opinion Synopsis Content Case Number: Contact Name: Timothy Davey Work Phone: (804) 200-6954 Fax: Zoning Opinion Synopsis CONTACT 18ZOO129 Business Name: Cell Phone: Email: PROPOSAL/LOCATION Page 1 of 1 Proposal: Industrial Inquiry Date: 07/15/2017 Proposal Type: Commercial Staff: Comments: Jane Peterson Parcel Tax Identifiers Address 780-644-8171-00000 13301 BRADLEY BRIDGE RD 784-641-6810-00000 15400 BRANDERS BRIDGE RD 781-641-6250-00000 13901 SKYBIRD RD 781-637-6541-00000 15004 BRANDERS BRIDGE RD 781-639-3251-00000 6010 GLEBE POINT RD 783-635-0505-00000 15008 BRANDERS BRIDGE RD RESEARCH Project Manager: Peterson, Jane Comprehensive Plan: The Comprehensive Plan Comprehensive Plan Designation: Corp Office, R & D, I, RMU (part) Other Comprehensive Plan(s): Research Complete: Yes Public Facility Plan: No Riverfront Plan: No Estimated # of Dwellings: 0 Thoroughfare Plan: No Water Quality Plan: No Cases to Be Amended: Conditions: Change Date Staff Comments 07/24/2017 Haasch, Steven Plan supports employment center uses here, including industrial up to 1-2 when mitigation on nearby properties provided. Location of RMU area flexible depending upon access to site. Previous zoning case provided HS and ES sites, these may not be needed if property does not develop primarily for residential uses as zoned today. Page 7 of 9 Attachment 4 SUBJECT: Chapter 10 Comp Pian Revision Phil Lohr <p11Cam68 gma H.com> Oct 18 (7 days ago) Steve ,we would like to meet with you and other staff regarding the proposed change to 1-2 LIMITED on Page LU 20 that we discussed yesterday.1 would like to FOIA all staff notes, all correspondence,any emails ,any County records that exist specifically discussing this one revision. Please respond electronically,I am available to examine files in your office to prevent additional costs.Please advise if there are any costs before completing. Regards, Phil Lohr CCRG Haasch, Steven Oct 18 (7 days ago) Kirk Michael Garrett Mr. Lohr, The only documentation I am aware of regarding this change is the draft Chapter 10 that was presented to the Planning Commission on March 21, 2017 (available on CPC web site and attached page 20) with the proposed change included as a staff recommendation. The draft chapter was also released for initial public review during the month of August. The draft comprehensive plan has not been acted upon by the Commission or the Board of Supervisors and is still under review. Until the revised draft plan is officially adopted by the Board, the current (10-2012) plan is the county's comprehensive plan to guide rezoning requests. I would be happy to discuss your thoughts on this proposed change, or you can send me your opinion on the matter — we are tracking citizen comments on the draft plan and sharing with the Commission as they undertake their review. Steve Haasch Page 8 of 9 Attachment 4 (continued) SUBJECT: March 21 PC meeting -1-2 Limited Proposal LIZEL, MICHAEL Oct 19 (6 days ago) So they were leaving it buried in the other Comp Plan proposed changes to try to slip it through? Mike On October 19. 2017 at 10:50 PM Phil Lohr <plcam68(a gmail.com> wrote: After our conversation where you said the 1-2 Limited Proposal was on the Agenda for Comp Plan proposed Changes for Chapter 10 for the March 21,2017 PC meeting I read a copy of the minutes and watched the video of the afternoon sessionA did NOT at any time hear any specific comments of this proposed change during the PC meeting nor did I see any mention of any specific of I-2 Limited proposal in the approved minutes of that meeting.Can you confirm this? Did you advise PC members that this proposal was on the agenda for that meeting?Did you receive any questions before or after the PC meeting from individual Planning Commissioners specifically concerning the 1-2 Limited proposal. Phil Lohr CCRG Haasch, Steven Oct 20 (5 days ago) It would appear that this proposed change was not specifically- discussed at the meeting on 3/21. To my knowledge, this change has not been discussed since, but is included in the list of all changes being proposed to the draft plan update that we will be sharing with the Commission and public for the November 21 planning commission work session. It is important to note that staff and the Commission are still in the process of reviewing changes to the plan, and the document has not been endorsed in any official capacity yet. Steve Page 9 of 9 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: November 15, 2017 Item Number: 15.A. Subject: Deferred Item - Approval of Internal Audit Policy Revisions County Administrator's Comments: County Administrator: Board Action Requested: Approval of attached proposed policy revisions for Internal Audit. Summary of Information: Proposed updates to County Administrative Policies for Internal Audit (8-1 and 8-2) are attached. A blackline version with changes marked is also included for each policy. The Audit and Finance Committee (AFC) asked that proposed revisions be provided to the Board of Supervisors and the School Board for approval. These have been discussed at Audit and Finance Committee meetings on June 14, August 7, and September 25, 2017. The updates are primarily to better match our existing practices, with primary revisions for: Policy 8-1, Internal Audit -Introduction • Reflect new AFC and reporting structure for Auditor established September 2016. • Acknowledge performance • Reflect County Charter Schools throughout. • Describe unique update approval. feedback to Internal Auditor through the AFC. section 6.12 change to insert reference to process for Internal Audit policy with AFC Policy 8-2, Internal Audit -Fraud, Waste, and Abuse Prevention and Detection • Provide additional description for Hotline operation, and fraud, waste, and abuse definitions. • Describe whistleblower protection. Preparer: Gregory L. Akers Attachments: 0 Yes 1:1 No Title: Director of Internal Audit CHESTERFIELD COUNTY f` ADMINISTRATIVE POLICIES AND PROCEDURES Department: Internal Audit Policy Number: 8-1 Subject: Introduction Supersedes: 07I01113 Date Issued ##1##117 I. INTRODUCTION The County of Chesterfield, Office of Internal Audit (01A) was established as an independent review and evaluation service function to conduct and evaluate financial, and perform ance,,audits ot�programs, functions, and activities as a service to County and School management. The Internal Audit Director (Auditor) reports to the County Admmistfdtor;,,S6hoo1 Superintendent, and the Audit and Finance Committee (AFC). The Auditor also provides"periodc Internal audit reports and updates to the Board of Supervisors and School Board through the AFC. The; four, member AFC consists of two members of the Board of Supervisors and two members of the Seho61�`'Board appointed by their respective Chairs. Annual performance review feedback for the Auditor is pr6vided from elected officials via their representatives on the Audit and Finance Committee,?andthrough"the County Administrator and School Superintendent. Independence — To be independent in fact and appearance,'auditors"rnust be free from conflicts of interest and free from interference in how the work is conducted and reported. The Auditor will comply with Government Auditing Standards to identify; safeguard against, or report threats to independence. The Audit Director has no direct authority overi�other persons in the organization whose work he/she reviews. Such authority is vested in the D6partr et f head. Further, his review and evaluations do not in any way relieve other persons in ganization` of the responsibilities and accountability for duties assigned to them. Complete objectivity is essen-fial to`the,audit function. The Auditor, therefore, should not develop and/or install procedures, prepare records, or`,JdPgage in any activity, which he/she would normally expect to review. Management Support 11�e organizational status of the Auditor and the support of his function by County and School Manage`ttentprovides the benchmark for the success of the internal audit program. The Auditor must -""%,Have, access to management at all levels to ensure adequate consideration and satisfactory resoliitionto all'`eornments, recommendations and findings. Unique Creation `and Update Process for Internal Audit Administrative Policy and Procedure — County A" ministrat've Policy (CAP) 09-01, County Administration — Administrative Policies and Procedures establish guidelines for creating, updating, and rescinding County Administrative Policies and Procedures:, Based on Internal Audit's organizational placement, Internal Audit administrative policy and procedure creation or updates use an alternate approval process to CAP 09-01. Internal Audit will provide administrative procedure creation or update to the County Administrator and School Superintendent, and present to the AFC for approval. II. OBJECTIVES AND SCOPE The Auditor shall have responsibility to conduct audits of all County and School departments, agencies, and activities as stipulated by County Code Chapter 6.12 to independently and objectively determine whether: Page 1 of 5 10-25-17 BOS Agenda Item IA Policy Updates *^ Page 1 of 26 " A. Activities and programs being implemented have been authorized by either the Board of Supervisors, School Board, County Administrator, School Superintendent, state or federal law or regulations and are being conducted and funds expended in compliance with applicable laws; B. The department, office, or agency is acquiring, managing, protecting, and using its resources, including public fiends, personnel, property, equipment, and space, economically, efficiently, equitably, and effectively and in a manner consistent with the objectives intended by the authorizing entity or enabling legislation; C. The entity, programs, activities, functions, or policies are effective, including the identification of any causes of inefficiencies or uneconomical practices; D. The desired result or benefits are being achieved; E. Financial and other reports are being provided that disclose fairly, accurrately,and fully all information required by law, to ascertain the nature and scope of prografris an"." tivities, and to establish a proper basis for evaluating the programs and activities infilud1 the„collection of, accounting for, and depositing of any funds, revenues, and other resources; F. Management has established adequate operating and administrative procedures and practices, systems or accounting internal control systems and internal management controls; and, G. During the course of audit work, there are no indications>of`fraud,'4vaste, abuse or illegal acts. III. ANNUAL AUDIT PLAN A. At the beginning of each fiscal year, the Auditor shallsubmit a revised annual audit plan to the County Administrator and School Superintendent for -review and approval. This audit plan is also approved by the AFC. The plan "shall include"lhe departments, offices, boards, activities and agencies scheduled for audit during the",year. This plan may be amended during the year after review with the County Adi inistrator/School Superintendent. Additionally, the Auditor may initiate and conduct anyoiher audit deemed necessary to undertake. B. In the selection of audit areas,he determination of audit scope and the timing of audit work, the auditor may consult with the Coilnty's external auditors, Deputy County Administrators, School Division Chiefs and Department,'Heads so that desirable audit coverage is provided and audit effort may be properly coordinated. Proposed audit plan will allocate resources between County and School projects proportionate to the auditable unit population. C. Risk Assessment Internal Audit in developing or revising its Annual Audit Plan shall conduct a County wider.`frsk assessment. This allows Internal Audit to systematically evaluate risks related to'uditable%,units. It also provides for an audit frequency for each auditable unit based upon a calculated risk score and other relevant factors. Auditable units and the assessed risk levels are over time. litFollow-up — On an annual basis, the Auditor will furnish the County Administrator, School erintendent and AFC with a summary of all material unresolved comments, recommendations management responses. IV. SPECIAL EXAMINATION The AFC, County Administrator, School Superintendent, Deputy County Administrator, School Division Chief or Department Head may request the Auditor to perform special examinations or unplanned audits that are not included in the amival audit plan. The Auditor will determine the performance of requested items based on audit plan priorities, professional standards, available staff, and resources. Page 2 of 5 10-25-17 BOS Agenda Item IA Policy Updates Page 2 of 26 V. AUDIT PROCESS A. The Office of Internal Audit will make every effort to inform the auditee about an upcoming audit and be flexible in scheduling. Factors such as auditee's seasonal workload, or other issues, will be taken into consideration when scheduling audits and developing the timetable for completion. This notification will take the form of an Entrance Conference Memorandum th, 'ill outline the general scope, objectives of the audit, a proposed timetable for completion, request for'general information, and the responsibility of the Auditor and Department Head. This memorandum will be sent to the Department Head at least two weeks in advance of the Entrance"00riferenee B. At the Entrance Conference, the auditee and the auditor will discuss aper oaches and>expectations about the way the audit will be conducted. The Auditor will also determine �tyhom'xanagement designates to receive Point Sheets. The Auditor will then conducta `Survey, ;Which enables the Auditor to gain a working understanding of the mission, operations and functions of the entity or function being audited. C. The Fieldwork will commence after completion of the survey. Tlie fieldwork stage involves testing of transactions, vouching of account balances acid evaluation o" administrative and internal policies and procedures and other audit procedures deemed necessary. ` The fieldwork is conducted generally within the general framework of generally adcepted government auditing standards. D. Upon completion of any function or activity diiririg; fieldwork the In -charge Auditor will prepare Point Sheets. Point Sheets are written documents .}which list: Criteria, Condition, Cause, Effect and Recommendation(s) for each audit finding. Thesepoint sheets will be provided as drafts to management and discussed. The auditor will document point sheet discussion with management, noting if there was agreement and deseribr �g�any disagreements. Based on supporting information from management, the hi -Charge Au'dtor'nay revise the draft findings and/or perforin additional testing. The evaluation of;the Point Sheets` by management and concurrence by the In -Charge Auditor only represents acliiowledgement that the issues were discussed. It does not indicate approval or any final 0', ri lament. E. An Exit Confer encu'"will be scheduled by the Auditor. At the Exit Conference, the auditee and the Audit Director will ,discuss each comment and recommendation. This conference provides an opportunityfor the:audtee to produce evidence that may result in changes due to material y; inconsistencies, omissions, an or errors in the point sheets. It also provides for a sound evaluation of the recommendations in tennis of cost/benefit, timetables for implementation, or other resources that the audit process"may not have identified. The Exit Conference takes place after the issuance of all pomtfsheets and discussion with management. F "` Based upon Ilio results of the Exit Conference, the Auditor will provide the auditee with a DRAFT REPQRT,� which will include revised comments and recommendations. The department must return they Draft Report with responses within 21 days from the draft report date. The Audit Drractor and auditee will then discuss this Draft with the appropriate Deputy County Administrator v';or School Division Chief when necessary. If material disagreement remains after this meeting, the ``Audit Director must document points of disagreement and will be responsible for mutually scheduling a meeting with the Auditee, County Administrator or School Superintendent, and /or appropriate Deputy County Administrator or School Division Chief to resolve the issues. G. The last stage will result in the issuance of a Final Audit Report. The report will include: 1. An Executive Summary to summarize the audit for top management and an Auditor's Opinion (if necessary), Page 3 of 5 10-25-17 BOS Agenda Item IA Policy Updates Page 3 of 26 2. A precise statement of the objectives and scope encompassed by the audit, as well as, some background information, 3. A statement that the audit was performed in accordance with generally accepted government auditing standards, 4. A statement of material and immaterial audit findings, including a statement of the underlying cause and evaluative effects, 5. A statement that internal control systems were examined and report o y rh aterial weaknesses found in the internal control systems, 6. Statements of response submitted by the audited department or agencyreleant to the audit findings, 7. A concise statement of corrective actions taken or contemplated as""" the audit findings and a time table for their accomplishments 8. Recommendations for additional necessary or desirable, �acti8�n,and'f 10w -up procedures, 9. A statement disclosing we are a department within Chesterfield nty/Schools. 'A VI. REPORT OF IRREGULARITIES/FRAUD If the auditor suspects violations of law or malfeasance,,,' isfeasance,41onfeasance, or dereliction of duty A by an officer or employee, the Auditor shall reposuch, i e antics to the County Administrator or School Superintendent. If the irregularity is crimi al'in nattrrejA he Auditor shall immediately notify the County Administrator or School Superintendent and the Cornnronwealth Attorney or Police in addition to those previously cited. VII. CONTRACT AUDITORS, CON,,,,,S , U,LTANTS, AND EXPERTS contact must be An audit that is performed by,,co" conducted by persons who have no financial interests in ,V "L(1,1111111, the affairs of the governmentalits officers. The Auditor will coordinate and monitor auditing performed by public accounting or other;,organizations employed under contract by the County to assist with audit related activities )`',•.,;,Contracting for external audits will be awarded in accordance with VIII. ACCESS TO RECORDS,,AND PROPERTY (COUNTY CODE CHAPTER 6.12) All officers and employees of the County and School system as designated by the County and School Attorney" 1*11 furni (within legal constraints) the Auditor with requested information and records within 4`111" P" - theif,`,,,'�'cust6dy regarding powers, duties, activities, organization, property, financial transactions and methods ""","O'f'b'u"'s"l"e'ss required to conduct an audit or otherwise perform audit duties. In addition, they shall proynde access for the Auditor to inspect all property, equipment, and facilities within their custody. If such ` fficeis or employees fail to produce the aforementioned information, then the Auditor, subject to County Administrator's or School Superintendent's approval, may request a search to be made and exhibits to be taken from any book, paper or record of any such official or employee, excepting personal information, and every office having the custody of such records shall make a search and forward such requested information to the Auditor. The Auditor shall retain in accordance with "the Commonwealth of Virginia Records Retention and Disposition Schedules" all audit reports, including examinations, investigations and reviews made. Audit work papers and other supportive material directly pertaining to the audit report will be retained for 8 years. Page 4 of 5 10-25-17 BOS Agenda Item JA Policy Updates Page 4 of 26 '&Goni S" IX. AUDIT REPORT DISTRIBUTION A. Point Sheets — Limited between In -Charge auditor and the auditee Management Designee. B. Draft Report — After Exit Conference, distribution will include Department Head, Assistant Department Head, and Audit Director. C. Final Audit Report —Distribution to the AFC, Department Head, appropriate Dputyy�County Administrator, School Division Chief, and County Administrator or School SuperintendentAudit Director may send courtesy copies of appropriate sections to the Director of Accounting, Budget and Management, Human Resources, Information System Technology (]S, and other departments, if situations warrant Department Head will be notified before aelease X. PEER REVIEW ,K, The Internal Audit activities of the Auditor's office shall be subject to peer, review at least once every three years by a professional, nonpartisan objective group utilizing guidelines endorsed by the Association of Local Government Auditors. A copy of the written report of, s independ6if review shall be furnished to the County Administrator, School Superintendent and the AFG The peer review will use generally accepted government auldlting standards to evaluate the quality of audit effort and reporting. Specific peer review areas �lia"nclude staff qualifications, preparation and evidence, and the adequacy of systems for reviewing, internal Is, fraud, waste and abuse, program compliance, and automated systems. The peer review will also"°assess the form, distribution, timeliness, content, staff qualifications, independence, due pr„ofessionae, quality control, fieldwork, (+ planning ♦ evidence ♦ internal control ♦ supervision`s legal ;and regulatory requirements) reporting, and presentation of Internal Audit reports. Page 5 of 5 . 10-25-17 BOS Agenda Item IA Policy Updates Page 5 of 26 CHESTERFIELD COUNTY ADMINISTRATIVE POLICIES AND PROCEDURES Department: Internal Audit Policy Number: 8-2 Subject: Fraud, Waste and Abuse Prevention and Detection Supersedes:1}7101106 Date Issued "#W=17 I. PURPOSE Chesterfield County's Strategic Plan goal "Model for excellence in government" .neludes,,an objective to "Require the highest standards of professionalism, ethics, and integrity? ' To helpZ11achieve this objective this policy has been developed to prevent and detect fraud. Theoltcy also defines what constitutes fraud and outlines expectations and procedures all employees,mustfoll,ow when fraud, waste or abuse is suspected. This policy also addresses requirements of the"Code, of Mrginia, §15.2-2511.2, Duties of local government auditors for the fraud, waste, and abuse hotline. School Board Policy 2170 or abuse. viduals, or an organization or could result in a tangible or ese detriment to others or the -ther by words or by conduct, should have been disclosed, ud include but are not limited way from work or excessive property or the property of ,rvisors, consumers, clients, property or the property of -rvisors, consumers, clients, lvegiecung or suovening foo responsiomues in exenange for an actual or .promised reward. 8. Improperly influencing or misleading auditors or investigators. Page 1 of 7 10-25-17 BOS Agenda Item IA Policy Updates Page 6 of 26 B. Waste — Intentional or unintentional, thoughtless or careless expenditure, consumption, mismanagement, use, or squandering ofresources resources owned or operated by the County or Schools to the detriment or potential detriment of the organization. Waste also includes incurring unnecessary costs because of inefficient or ineffective practices, systems, or controls. Speck examples of waste include but are not limited to: C. Abuse — Excessive or improper use of something, orilhe employment of something in a manner contrary to the natural or legal rulex or its, use; the intentional destruction, diversion, manipulation, misapplication, malifeatmut, or misuse of resources owned or operated by the County or Schools; or extravagant ofexcessive use so as to abuse one's position or authority. Specific examples of abuse include but are, not limited to: 1. Minor Count '411 uaisuse, such as unauthorized work absence or conducting personal business, including: a. Taking Jong lunelies or other excessive breaks b. Artryng to work late or leaving early, not working a complete work day. c Farlm`g toieport leave for absences. d Conducting secondary employment activity during work hours (such as selling products, preparing tax returns, selling real estate, scheduling or receiving deliveries). e Conducting significant personal business during work hours. 2 Improper personal use of County resources, including: a. Using government vehicle for commercial purposes, personal gain, or advancing or inhibiting religious beliefs or political positions. b. Using government equipment, computer, email, services, materials or supplies for commercial purposes, personal gain, or advancing or inhibiting religious beliefs or political positions. C. Failure to report damage to government property or equipment. d. Unnecessary travel or conference attendance. e. Inflated travel or expense reimbursement. Page 2 of 7 10-25-17 BOS Agenda Item IA Policy Updates Page 7 of 26 D 'ss f. Receiving favors for awarding contracts to certain vendors. g. Using one's position to gain an advantage over another resident when conducting personal business with the government. 3. Unfair hiring, promotion, and severance practices including: a. Pre -selection of candidates. b. Selection of unqualified candidates. 4. Intentionally circumventing or overriding policy, procedure or internal controls out appropriate justification or approval. D. Internal Controls — Organization's system to provide reasonable assurance of effective and efficient operations, reliable financial and performance reporting, compliance„ with applicable laws and regulations, and safeguarding assets. The fundamdn[al difference :Between internal control weaknesses resulting in errors and those weaknesses resulti g in frad' is intent. E. County Funds — Currency, checks, or other negotiable instruments ,Uelonging to the County of Chesterfield or Chesterfield County Public Schools (CGPS);,,or fon- which the County or CCPS is the fiscal agent or has a fiduciary responsibrlrty,,, F. County Property — Any tangible item owned by the County of Chesterfield or CCPS. G. Retaliation — When an individual `isdrseM." inaterl against or penalized for reporting fraud or for cooperating, giving testimony, or participating in any manner in an audit/investigation, proceeding, or hearing IV. BACKGROUND A. Studies have shown that "redhllags" of fraud within an organization were ignored by the organization in rnany�o the frauds reported. Downsizing and repositioning of an organization increases the risk of,`fraud. Internal controls are the best method of preventing fraud. Poorly written or`poorlyenforced internal controls allow most frauds to occur. I: 1. 3. 4. 5. 6. for the following reasons (note: there are multiple reasons in some cases): nternal controls override of internal controls Type of organization (industry with high risk of fraud) Collusion between employees and third parties Poor or non-existent company ethical standards Lack of control over managers by their supervisors Page 3 of 7 10-25-17 BOS Agenda Item IA Policy Updates Yfy Page 8 of 26 C. Some "red flags" of fraud are: 1. Changes in an employee's lifestyle, spending habits or behavior 2. Poorly written or poorly enforced internal controls, procedures, policies or security 3. Irregular/unexplained variances in financial information 4. Inventory shortages 5. Failure to take action on results of internal/external audits or reviews G. Unusually high expenses or purchases 7. Frequent complaints from customers 8. Missing files 9. Ignored employee comments concerning possible fraud D. Perpetrators of fraud typically live beyond their reasonably ayailable,`,.',me 'Other indicators of "n fraud include: the borrowing of small amounts of money from co-workerg collectors or creditors appearing at the place of business, excessive use of telephone to stall di6ditors, falsifying records, refusing to leave custody of records during the day, , , ,�,,,�,working�,,,,,,,�ex6essive overtime, refusing vacations, and excessively rewriting records under tlf ise", f neatness. E. The following internal controls help prevent fraud: 1 Adherence to all organizational procedures especially those concerning documentation and authorization of transa6tiolis�",,,",,"",/",,""'„ 2. Physical and logical security over l assets such as locking doors, firewalls, password protection and restricting access 3. Proper training of 'employees 4. Independent,,, iewan monitoring of tasks 5. Separation ofduties sothat no one employee is responsible for a transaction from start to finish 6. Clear lines rity 7. Conflict of intereststatements that are enforced 8. Rotation of duties in positions more susceptible to fraud Ens"uring that employees take regular vacations independent audits of areas susceptible to fraud To.",,,-,provi e opportunities for employees and citizens to report allegations of fraud, waste and abuse, Internal Audit shall administer a telephone hotline, website and other methods through V which employees and residents of Chesterfield County may report anonymously any incident of fraud, waste and abuse. Internal Audit will coordinate investigations with other departments as necessary. Page 4 of 7 10-25-17 BOS Agenda Item IA Policy Updates .�l Page 9 of 26 kDO10 if 92 V. EXPECTATIONS A. All County employees should practice the following as it applies to their job: 1. Know the fraud -related exposures in your area. 2. Know the symptoms or indicators of fraud. 3. Put in place methods to identify wrongdoing. 4. Make sure transactions you personally approve are not fraudulent. 5. Personally monitor for frauds which only you are in a position to detect. 6. Question and challenge the unusual. 7. Set an example of honest and ethical behavior by personal examp]erand by not tolerating dishonest or unethical behavior in others. 8. Strive to prevent fraud by minimizing the exposures temptation. 9. Never inappropriately subordinate the needs of the o 10. Recognize and respond to increased exposures %:�,' 11. Do not seek to achieve goals through dishonest or,p such behavior from others. 12. After a fraud, initiate corrective action tduce .,t1 recur. the'opnortunities and your own needs. means, and do not tolerate risk that fraudulent activity will A. All Employees Any employee who has knowledge of an occurrence of fraud, waste or abuse, or has reason to susppct-that a fraud, waste or abuse has occurred, shall immediately notify his/her supervisor of Infernal Audit. If the employee has reason to believe that the employee's supervisor, rxiay ylie involved, the employee shall immediately notify the Department Diarector/Chcf of his/her department or Internal Audit. Every employee shall cooperate with ` adn inistrativc investigations pursuant to this administrative procedure in accordance with C'untytPersonnel Policies and Procedures. The employee shall not discuss the matter with anyone other than his/her supervisor, the Department Director/Chief, the Internal Audit department and the Police Department. H ` Supervisor — Upon notification from an employee of suspected fraud, waste or abuse, or if the supervisor has reason to suspect that a fraud, waste or abuse has occurred, the supervisor shall immediately notify the Department Director/Chief of his/her department or Internal Audit. The supervisor shall not attempt to investigate the suspected fraud or to discuss the matter with anyone other than the Department Director/Chief, the Internal Audit Department and the Police Department. However, if the supervisor has reason to believe that the Department Director/Chief Page 5 of 7 10-25-17 BOS Agenda Item IA Policy Updates `" G(%L - Page 10 of 26 may be involved in a fraud, the supervisor shall contact the Internal Audit Department or Police Department. C. Department Director/Chief — Upon notification from an employee or supervisor- of suspected fraud, waste or abuse, or if the Department Director/Chief has reason to suspect that a fraud, waste or abuse has occurred, the Department Director/Chief shall immediately,utact the Internal Audit Department. The Department Director/Chief shall not attempt to investigate the suspected fraud or to discuss the matter with anyone other than the Internal Audit Department and the Police Department.��, D. Internal Audit — Internal Audit logs all Fraud, Waste, and Abuse, allegations received and evaluates if conditions warrant: a special project investigation by Internal Audit, referral or consultation of matter with the related County or School departrint;„referral to�another entity or jurisdiction (i.e. items not involving Chesterfield County oe"I'sch061S personnel, resources, or - operations), insufficient information to initiate an action, or no action required. Internal Audit determines if a separate report is necessary for each specific case. If applicable, such separate reports are provided to the County Administrator or School Superintendent, and the Audit and Finance Committee. Internal Audit documents disposition and if the allegation was substantiated for each case. All opportunrtre§,4o improycinternal controls or disagreements with management's decisions are not necessarily Fraud; Waste or Abuse. Internal Audit provides a fiscal year report to the Audit and FinanceCommittee summarizing all allegations with dispositions. When Internal Audit suspects fraud; the Internal Audit Department will investigate the fraud and promptly notify the Chesterfield Con fifv'Police Department. E. Record Security — Asuccessful audit/investigation can only be performed if the documentation relating to an alleg4'fraud rs available for review in its original form. Therefore, once a suspected fraud is reported Department Directors/Chiefs and supervisors shall take immediate action to prevent theQtlib$, alteration, or destruction of relevant records. Such actions include, but are not necessarily limited to, removing the records and placing them in a secure location, limiting access to tlne =1`0 ion where the records currently exist, and preventing the individual suspected'ofcornnrnnattng the fraud from having access to the records. The records must be adequately secureduntil Internal Audit obtains the records to begin the audit investigation. F �<Contaets/P otocols — After an initial review and a determination that the suspected fraud "warrants additional investigation, Internal Audit will notify the County Administrator or School Superintendent, Appropriate Deputy County Administrator or School Division Chief, Human Resources, County or School Attorney, Police Department, and Commonwealth Attorney of the allegations. Internal Audit shall coordinate the investigation with the appropriate law enforcement officials and shall report its investigative findings as described below. At the conclusion of such fraud investigations, Internal Audit will document the results in a confidential memorandum report to the County Administrator or School Superintendent with a copy to the appropriate Deputy County Administrator or School Division Chief and Department Director/Chief. If the report concludes that the allegations are founded, the report will be copied to Human Resources, the County or School Attorney, and the Accounting Department. If the Page 6 of 7 10-25-17 BOS Agenda Item IA Policy Updates (^� Page 11 of 26 i 4G,04til tt'sa report documents that criminal offenses may have occurred, copies will also be sent to the Chief of Police and the Commonwealth's Attorney. If the fraud has resulted in County or School property loss, Internal Audit shall report such loss to the Risk Management Department. Risk Management shall seek restitution for any property loss. G. Confidentiality — All participants in a fraud investigation shall keep the details wind results of the investigation confidential except as expressly provided in this administrative procedure. However, Internal Audit and the Police Department may discuss the investigation with,'�any person if such discussion would further the investigation. Internal Audit obtains reports of suspected fraud, waste and abuse in confidence, specific details cannot be release d'in order to maintain confidentiality and anonymity (Code of Virginia, §2.2-3761,13. (7)) ,r. Information for completed investigations will not reveal the identity of the corn,plarnanis, or p%rsons supplying information to investigators. If an investigation does not lea' to correctrion, the identity of the person who is the subject of the complaint may be released only, with the consent of the subject person. �; a H. Personnel Actions — If a suspicion of fraud rs substantiated by the audit investigation, disciplinary action shall be taken in conforxnano',e with the,County's Personnel Policies and Procedures. A false and vindictive allegation of° fraind`"is a violation of this administrative procedure. All violations of this administrativeFypocedure, including violations of the confidentiality provisions, shall result mdsciplinary�iictions up to and including termination and loss of retirement benefits and retiree he�tib.. benefits. I. Retaliation (Whistleblov✓er protection) —,"'It is a violation of this administrative procedure to discriminate against any nidividual for their reporting, cooperation, testimony, participation, or other activities related to a fraud, waste or abuse investigation. This includes threatening, attempting, taking, or directingsothers, on any reprisal or personnel action. Any such reprisals by employees will bexsubject `to disciplinary procedures under personnel policies. Reckless accusations of fraud waste, or abuse that an employee or citizen knew, or should have known, were false or malicious are not protected. whiscomplaints should be filed with the Fraud, Waste and Abuse Hotline and describe thes Related original fraud, waste or abuse allegation or investigation, 2„ Retaliatory action taken or withheld, and 3 Responsible person(s) performing and/or directing the retaliation. J Media Issues — If the media becomes aware of an audit investigation, the appropriate supervisor or Department Director/Chief shall refer the media to the Office of Communications and Media. The alleged fraud and audit investigation shall not be discussed with the media other than through the Office of Communications and Media. K. Upon completion of the audit investigation and all legal and personnel actions, records will be returned by Internal Audit to the appropriate department if acceptable. Page 7 of 7 10-25-17 BOS Agenda Item IA Policy Updates Page 12 of 26 d CHESTERFIELD COUNTY ADMINISTRATIVE POLICIES AND PROCEDURES Department: Internal Audit Policy Number: 8-1 Subject: Introduction Supersedes: 44VOO Date Issued: 07/01/13 I. INTRODUCTION The County of Chesterfield, Office of Internal Audit (01A) was established as awindependent review and evaluation service function to conduct and evaluate financial, and perforinance"audits of programs, functions, and activities as a service to County and School management., of Sut)ervisors and on the A — To be indenendent in fact and at)t)earance,. auditors must The Audit Director has no dire6tauthority over other persons in the organization whose work he/she reviews. Such authority is vested in the Department head. Further, his review and evaluations do not in any way relieve other persons in the, organization of the responsibilities and accountability for duties assigned to them. Complete objectivity is essential to the audit function. The-Goa Auditor, therefore, should not develop and/or install procedures, prepare records, or engage in any activity, which he/she would normally expect to review. Management Suppqk —'The organizational status of the Gean-Auditor and the support of his function by Countyvand School Management provides the benchmark for the success of the internal audit program. The a . Auditor must have access to management at all levels to ensure adequate consideration and safisfiictorv, rpsolution to all comments, recommendations and findings. In a"tiea, the County Auditof 0--i , �'i AA—;n;cfrqf;A7P Pnl;o-,7 WAP) 00-011 Cminfv Admirtiqft-niinn – Adminiqfrntivi-. Polio.ii-.q and I administrative procedure creation or IMdate to the County Administrator and School Superintendent, and present to the AFC for approval. Page 1 of 6 10-25-17 BOS Agenda Item IA Policy Updates Page 13 of 26 I II. OBJECTIVES AND SCOPE The Co*nt-�-Auditor shall have responsibility to conduct audits of all County and School departments, agencies, and activities as stipulated by County Code Chapter 6.12 to independently and objectively deterinine whether: A. Activities and programs being implemented have been authorized by either the <Board of Supervisors, ,School Board, County Administrator,,,,, School compliance with applicable laws; B. A4,The department, office, or a2encv is accluiri -eensing its resources, including public funds, personnel, property, equipment, and space, economically, efficiently, equitably, and effectively and in a manner"men-10 mp4shc2nsistent with the objectives intended by the autliorizin�,;entity, or enabling legislation; C. The entity, programs, activities, furtctions, or polici D. The desired result or benefits are being eery achieved; L)Financialand U r.,.414 .n.,eiip6-other reports are being provided that disclose fairly, accurately, and fully all information required by law to ascertain the nature and scope ,of programs and activities, and to establish a proper basis for evaluating the programs and activities; includini the collection of accounting for, and depositing of any funds, 1-4. During the course of audit work, there are no indications of fraud, waste, abuse or illegal acts III.ANNUAL AUDIT PLAN A. At the beginning of each fiscal year, the-G� Auditor shall submit a revised annual audit plan to the County Administrator and School Superintendent for review and approval. _This audit plan is also reviewedAppLoved by the n,.,,a4y's Budget and Audit C,,.ri., k4 „AFC. The plan shall include the departments, offices, boards, activities and agencies scheduled for audit during the year. This plan may be amended during the year after review with the County Administrator/School Superintendent. Additionally, the Auditor may initiate and conduct any other audit deemed necessary to undertake. B. In the selection of audit areas, the determination of audit scope and the timing of audit work, the auditor may consult with the County's external auditors, Deputy County Administrators, School Page 2 of 6 10-25-17 BOS Agenda Item IA Policy Updates Page 14 of 26 Division Chiefs and Department Heads so that desirable audit coverage is provided and audit effort may be properly coordinated. Proposed audit plan will allocate resources between County and School projects proportionate to the auditable unit population, C. Risk Assessment — Internal Audit in developing or revising its Annual Audit Plan ffmyshall conduct a County -wide risk assessment. This allows Internal Audit to systematically evaluate risks related to auditable units. It also provides for an audit frequency for each auditable ,,,unit base upon a calculated risk score and other relevant factors. Auditable units and the assessed risk levels are subject to change overtime. D. Audit Follow-up — On an annual basis, the Goanl-y-Auditor will furnish the County Administrator aff4, School Superintendent and AFC with a summary of all material unresolved comments, recommendations and management responses. IV. SPECIAL EXAMINATION The AFC, County Administrator, School Superintendent, Deputy County Administrator, School Division Chief or Department Head may request the Auditor to perforin special examinations or unplanned audits that are not included in the annual audit plan. The Auditor wilt determine the'verformance of requested V. AUDIT PROCESS A. The Office of Internal Audit will make every effort to inform the auditee about an upcoming audit and be flexible in scheduling. Factors such as auditee's seasonal workload, or other issues, will be taken into consideration when scheduling audits and developing the timetable for completion. This notification will take the form of an "in" trance Conference Memorandum that will outline the general scope, objectivels'of the audit, a Proposed timetable for completion, request for general information, and the responsibility of the Auditor and Department Head. This memorandum will be sent to the Department Head at least two weeks in advance of the Entrance Conference. B. At the Entrance Conference, the auditee and the auditor will discuss approaches and expectations about the way the audit, will be conducted. The Auditor will also determine whom management designates to receive Point Sheets. The Auditor will then conduct a Survey, which enables the Auditor to gain a working understanding of the mission, operations and functions of the entity or function 'being, audited. C. The Fieldwork ''Will "commence after completion of the survey. The fieldwork stage involves testing of transactions, vouching of account balances, and evaluation of administrative and internal policies and procedures and other audit procedures deemed necessary. The fieldwork is conducted generally within the general framework of generally accepted government auditing standards. Upon completion of any function or activity during tom—fieldwork, the In -charge Auditor will prepare Point Sheets. Point Sheets are written documents which list: Criteria, Condition, Cause, Effect and Recommendation(s) for each audit finding. These point sheets will be provided as drafts to management and discussed. The auditor will document —g—em—eat -4point sheet discussion en the --f4--sheet-.with management, noting if there was agreement and describing any disagreements. Based opeff4ap+ion supporting inforanation from management, the In -Charge Auditor may revise the draft findings and-+epeat the ee%­/or perform additional testing. The 4ignia&valuation of the Point Sheets by the wapeFA4effn AgAgement and concurrence by the In -Charge Auditor only represents acknowledgement that the issues were discussed. It does not indicate approval or any final commitment. Page 3 of 6 10-25-17 BOS Agenda Item IA Policy Updates Page 15 of 26 E. An Exit Conference will be scheduled by the Ge+H+t-�Auditor. At the Exit Conference, the auditee and the Audit Director will discuss each comment and recommendation. This conference provides an opportunity for the auditee to produce evidence that may result in changes due to material inconsistencies, omissions, and/or error-, in the point sheets. It also provides for a sound evaluation of the recommendations in terms of cost/benefit, timetables for implementation, or other resources that the audit process may not have identified. The Exit Conference takes place after the issuance of all point sheets and discussion with management. F. Based upon the results of the Exit Conference, the Auditor will provide the auditee with a DRAFT REPORT, which will include revised comments and recommendations. 'fhe'department','must return the Draft Report with responses within 21 days from the draft report date. The Audit Director and auditee will then discuss this Draft with the appropriate De put inistrator or School Division Chief when necessary. If material disagreement remains after this,,i-neeting, the Audit Director must document points of disagreement and will, be'responsible for mutually scheduling a meeting with the Auditee, County Administrator,6i 96hool"Superintendent, and /or appropriate Deputy County Administrator or School Division Chief to resolve the issues. G. The last stage will result in the issuance of a Final And ' it Report. The report will include: I . An Executive Summary to summarize the audit' for top management and an Auditor's Opinion (if necessary), 2. A precise statement of the objectives acid scope encompassed by the audit, as well as, some background information, 3. A statement that the audit was performed, it accordance with generally accepted government auditing standards, 4. A statement of material and ' imeffects,aterial audit findings, including a statement of the underlying cause and ' evaluative ects, 5. A statement that ,,internal control systems were examined and report of any material weaknesses fourid'ia"the internal control systems, 6. Statements,,' ofresponse ,submitted by the audited department or agency relevant to the audit findings,,' 7. A concise :,statement of corrective actions taken or contemplated as a result of the audit findings and a4ime table for their accomplishments, 8. RecOmmendationsfor additional necessary or desirable action and follow-up procedures, 9. A statement'disclosing we are a department within Chesterfield County/Schools. V1.' REPORT OF IRREGULARITIES/FRAUD Iftheauditor —e-+ malfeasance, ltee4s appafe suspects violations of law or misfeasance, nonfeasance, or dereliction of duty by an officer or employee, the Auditor shall report such irregularities in—w44ig-to the County Administrator or School Superintendent. If the irregularity is criminal in nature, the Auditor shall immediately notify the County Administrator or School Superintendent and the Commonwealth Attorney or Police in addition to those previously cited. Page 4 of 6 10-25-17 BOS Agenda Item IA Policy Updates Page 16 of 26 �aG(313"9 I VII. CONTRACT AUDI'T'ORS, CONSULTANTS, AND EXPERTS An. audit that is performed by contract must be conducted by persons who have no financial interests in the affairs of the governmental units or its officers. The Auditor will coordinate and monitor auditing performed by public accounting or other organizations employed under contract by the County to assist with audit related activities. Contracting for external audits will be awarded in accordance with established procurement procedures. VIII. ACCESS TO RECORDS AND PROPERTY (COUNTY CODE CHAPTER 6.12) All officers and employees of the County and School system as designated by the County and School Attorney shall furnish (within legal constraints) the Auditor with requested information and'records within their custody regarding powers, duties, activities, organization, property, ,Financial transactions and methods of business required to conduct an audit or otherwise perform audit duties. In addition, they shall provide access :for the Auditor to inspect all property, equipment, and"f`acilities 'w" ithin,their custody. If such officers or employees fail to produce the aforementioned in-formation,,theril the Auditor, subject to County Administrator's or School Superintendent's approval, may request ;k search to be made and exhibits to be taken from any book, paper or record of any suchofficial or employee, excepting personal information, and every office having the custody of such records shall make a search and forward such requested information to the Auditor. The Auditor shall retain in accordance with "the Commonwealth of Virginia Records Retention and Disposition Schedules" all audit reports, including examinations,, investigations and reviews made. Audit work papers and other supportive material directly pertaining to the audit report will be retained for 8 years. IX. AUDIT REPORT DISTRIBUTION A. Point Sheets — Limited between In -Charge auditor and the auditee Management Designee. B. Draft Report After Exit 'Conference, distribution will include Department Head, Assistant Department I -lead, and Audit Director. C. Final Andit Report — Distribution to the AFC, Department Head, appropriate Deputy County Administrator, School Division Chief, and County Administrator or School Superintendent. Audit Director may send courtesy copies of appropriate sections to the Director of Accounting, Budget and Managemerut, Human Resources, Information System Technology (IST);i and other, ,departments,if situations warrant Department Head will be notified before X. PEER REVIEW The Internal Audit activities of the Auditor's office shall be subject to peer review at least once every three years by a professional, nonpartisan objective group utilizing guidelines endorsed by the Association of Local Government Auditors. A copy of the written report of this independent review shall be furnished to the County Administrator, School Superintendent and the AFC. Page 5 of 6 10-25-17 BOS Agenda Item IA Policy Updates �a.r Page 17 of 26 i The peer review will use generally accepted government auditing standards to evaluate the quality of audit effort and reporting. Specific peer review areas shall include staff qualifications, preparation and evidence, and the adequacy of systems for reviewing internal controls, fraud, waste and abuse, program compliance, and automated systems. The peer review will also assess the form, distribution, timeliness, content, staff qualifications, independence, due professional care, quality control, fieldwork, (i planning + evidence ♦ internal control ♦ supervision t legal and regulatory requirements) reporting, and presentation of Internal Audit reports. Page 6 of 6 y, 10-25-17 BOS Agenda Item IA Policy Updates `•'+ Page 18 of 26 CHESTERFIELD COUNTY r w ' ADMINISTRATIVE POLICIES AND PROCEDURES Department: Internal Audit Policy Number: 8-2 Subject: Fraud, Waste and Abuse Prevention and Detection Supersedes: . Date Issued: I. PURPOSE Chesterfield County's '��* <`�•, .. „1^= �-�" �z ve4.04- Stfategac Plan goal "Model for excellence in goveminent" objective to "Require the highest standards of professionalism, ethics,, and integrity." "T'6,;help achieve this visienob'eci tive, this policy has been developed to prevent and detect fraud. The policy also defines what constitutes fraud and outlines expectations and procedures all employees must follow when fraud, waste or abuse is suspected. This policy also addresses requirements of the Cade of Virginia, §15.2- 2511.2, Duties of local government auditors for the fraud waste' and abuse hotline. II. SCOPE This procedure applies to all. County employees. Chesterfield County School Board Polio 2170 includes similar emnlovee resnonsibilities to rerriart susnecW fraud. waste or abuse. III. DEFINITIONS A. I'v ,a benefit to misleaamg statements or Dy conceaimem or that wnlcn snouia nave Deen aisciosea, wmen deceives "andis intended'to deceive. Specific examples of fraud include but are not limited to: 1. Theft of County Funds. 2. Serious abuse of County time such as unauthorized time away from work or excessive use of County time for personal business. 3. Unauthorized use or misuse of County property or records. 4. Falsification of records. 5. 'Theft or unauthorized removal of County records, County property or the property of other persons (to include the property of employees, supervisors, consumers, clients, customers, inmates or visitors). 6. Willful destruction or damage of County records, County property or the property of other persons (to include the property of employees, supervisors, consumers, clients, customers, inmates or visitors). 7. Neglecting or subverting job responsibilities in exchange for an actual or promised reward. Page 1. of 8 10-25-17 BOS Agenda Item IA Policy Updates Page 19 of 26 Improperly influencing or misleading auditors or investigators. B. Waste — Intentional or unintentional, thoughtless or careless expenditure, consumption, mismanagement, use, or squandering pfresources owned or operated by the County or Schools examples of waste include but are not limited to:. I Unnecessary spending to purchase items including: a. Unneeded items that have no business purpose. b. Purchases at inflated prices. C. Overstocking inventory. d. Replacing functional items without cause. 2. Unnecessary use of resources including: a. Wasteful use of government property or equipment. b. Performing unnecessary work. C. Wasting energy including electricity and fuel: 3. Mismanagement of resources. or misuse of resources products, preparing tax returns, selling real estate, scheduling or receiving deliveries). e. Conducting significant personal business during work hours. 2. Improver personal use of County resources, including: a. Using government vehicle for commercial purposes, personalgain, o advancing or inhibiting religious beliefs or political positions. b. Using government equipment, computer, email, services, materials or supplies for commercial purposes, personal gain, or advancing or inhibiting religious beliefs or political positions. C. Failure to report damage to government property or equipment. Page 2 of 8 10-25-17 BOS Agenda Item IA Policy Updates *%,001> Page 20 of 26 d. Unnecessary travel or conference attendance. e. Inflated travel or expense reimbursement. f. Receiving favors for awarding contracts to certain vendors. 9. Using one's position to gain an advantage over another resident when conducting personal business with the government. 3. Unfair hiring, promotion, and severance practices including: a. Pre -selection of candidates. b. Selection of unqualified candidates. appropriate justification or approval, efficient -&-E. County Funds — Currency, checks, or otherjiegotiable instruments belonging to the County of ChesterfieldT, or Chesterfield County Public Schools (CCP9,) or for which the County or CCPS is the fiscal agent or has a fiduciary responsibility. F. _County Property — Any tangible item, owned by the County of Chesterfield-. or COPS. Retaliation —When an individual is discriminated against or penalized for reporting fraud or for cooperating, giving je'sti iniony, or participating in any manner in an audit/investigation, proceeding, or hearing. IV. BACKGROUND A. Studies have shown ,that "red flags" of fraud within an organization were ignored by the organization iln;,m4ny,of the frauds reported. Downsizing and repositioning of an organization increases the risk of fraud. Internal controls are the best method of preventing fraud. Poorly Written or poorly enforced internal controls allow most frauds to occur. J3. Fraud occurs for the following reasons (note: there are multiple reasons in some cases): 1. Poor internal controls 2. Management override of internal controls 3. Type of organization (industry with high risk of fraud) 4. Collusion between employees and third parties 5. Poor or non-existent company ethical standards 6. Lack of control over managers by their supervisors Page 3 of 8 10-25-17 BOS Agenda Item IA Policy Updates I N Page 21 of 26 C. Some "red flags" of fraud are: 1. Changes in an employee's lifestyle, spending habits or behavior 2. Poorly written or poorly enforced internal controls, procedures, policies or security 3. Irregular/unexplained variances in financial information 4. Inventory shortages 5. Failure to take action on results of internal/external audits or reviews 6. Unusually high expenses or purchases 7. Frequent complaints from customers 8. Missing files 9. Ignored employee comments concerning possible fraud D. Perpetrators of fraud typically live beyond their reasonably available means. Other indicators of fraud include: the borrowing of small amounts of money from co-w4k917s, collectors or creditors appearing at the place of business, excessive use of telephone to stall creditors, falsifying records, refusing to leave custody of records during the day, working,, excessive overtime, refusing vacations, and excessively rewriting records under the"guise of neatness. E. The following internal controls help prevent fraud: 1. Adherence to all organizational procedures,,/,especially those concerning documentation and authorization of transactions'',,,' 2. Physical and logical security, over, ,assets such as locking doors, firewalls, password protection and restricting access 4e-4eFk4R-*Fei,& 3. Proper training qf'Qmployees 4. Independent, review'and,monitoring of tasks 5. Separation of 4uties so that no one employee is responsible for a transaction from start to finish', 6. Clear lines of"authority 7. Conflict of interest statements that are enforced S. k6tation 6H' uties in positions more susceptible to fraud that employees take regular vacations independent audits of areas susceptible to fraud F. To,`Orovide opportunities for employees and citizens to report allegations of fraud, waste and abuse Internal Audit shall be r-espensible4er- admi-ifffist--iffgAAminister a telephone hotline -and -i+, website and other methods through which employees and residents of Chesterfield County may report anonymously any incident of fraud-, waste and abuse. Internal Audit will coordinate investigations with other departments as necessary. Page 4 of 8 10-25-17 BOS Agenda Item IA Policy Updates Page 22 of 26 �,`)QGZDa V. EXPECTATIONS A. All County employees should practice the following as it applies to their job: 1. Know the fraud -related exposures in your area. 2. Know the symptoms or indicators of fraud. 3. Put in place methods to identify wrongdoing. 4. Make sure transactions you personally approve are not fraudulent. 5. Personally monitor for frauds which only you are in a position to detect. 6. Question and challenge the unusual. 7. Set an example of honest and ethical behavior by personal example and by not tolerating dishonest or unethical behavior in others. 8. Strive to prevent fraud by minimizing the exposures and reducing the opportunities and temptation. 9. Never inappropriately subordinate the needs of the organization to your own needs. 10. Recognize and respond to increased exposures. I I. Do not seek to achieve goals through dishonest ormethieal means, and do not tolerate such behavior from others. 12. After a fraud, initiate corrective action to"Teduce"the risk that :fraudulent activity will recur. 13. Take appropriate disciplinary, action. 14. Immediately refer suspected wrongdoing to Internal Audit or your supervisor for investigation. 15. Encourage other employees to be vigilant in reporting suspected wrongdoing. 1.6. Do the right thing. VI. PROCEDURES A. All Employees — Any employee who has knowledge of an occurrence of fraud, waste or abuse, or has reason to suspect that a fraud, waste or abuse has occurred, shall immediately notify his/her supervisor or Internal Audit. If the employee has reason to believe that the employee's supervisor may be involved, the employee shall immediately notify the Department Director/Chief of his/her department or Internal Audit. Every employee shall cooperate with. administrative investigations pursuant to this administrative procedure in accordance with County, Personnel Policies and Procedures. The employee shall not discuss the matter with anyone other than his/her supervisor, the Department Director/Chief, the Internal Audit department and the Police Department. B. = Supervisor — Upon notification from an employee of suspected fraud, waste or abuse, or if the supervisor has reason to suspect that a fraud, waste or abuse has occurred, the supervisor shall immediately notify the Department Director/Chief of his/her department or Internal Audit. Tire supervisor shall not attempt to investigate the suspected fraud or to discuss the matter with. anyone other than the Department Director/Chief, the Internal Audit Department and the Police Department. However, if the supervisor has reason to believe that the Department Director/Chief Page 5 of 8 10-25-17 BOS Agenda Item IA Policy Updates Page 23 of 26 may be involved in a fraud, the supervisor shall contact the Internal Audit Department or Police Department. C. Department Director/Chief --- Upon notification from an employee or supervisor of suspected fraud, waste or abuse, or if the Department Director/Chief has reason to suspect that a fraud., waste or abuse has occurred, the Department Director/Chief shall immediately, contact the Internal Audit Department. The Department Director/Chief shall not attempt to investigate the suspected fraud or to discuss the matter with anyone other than the Internal I Audit Department and the Police Department. D. Internal Audit — referral or diseevefyc2nstiltation of no action required. Internal Audit determines if a separate report is nec6tsat*,"for each specific case. If applicable, such separate reports are provided to the County Administrator or School Superintendent, and the Audit and Finance Committee. Internali Au&documenis disposition and if the allegation was substantiated for each case. All opportunities to improve internal controls or disaffeements with management's decisions are not necessarily Fri d, Waste or Abuse. Internal Audit provides a fiscal year report to theTAutdit and Finance Committee summarizing all allegations with dispositions. When Internal Audit suspects fraud, ihe"internal Audit Department will prefliptl-investigate the fraud and promptly notifylhee"Chesterfield,;CoLinty Police Department. E. Record Security, —."A successful audit/investigation can only be performed if the documentation relating to an alleged fraud is, available for review in its original form. Therefore, once a Suspected ftaiid'is,,reported Department Directors/Chiefs and supervisors shall take immediate action to prevent the theft, alteration, or destruction of relevant records. Such actions include, but are not, necessarily; limited to, removing the records and placing them in a secure location, limitingaccess, t0l,the location where the records currently exist, and preventing the individual suspected of cominitting the fraud from having access to the records. The records must be , adequately secured until Internal Audit obtains the records to begin the audit investigation. 'Contacts/Protocols — After an initial review and a determination that the suspected fraud warrants additional investigation, Internal Audit will notify the County Administrator or School Sutierintendent, Appropriate Deputy County Administrator or School Division Chief,Human 4040+wee Mea*gemeFAResources, County or School Attorney, Police Department, and Commonwealth Attorney of the allegations. Internal Audit shall coordinate the investigation with the appropriate law enforcement officials and shall report its investigative findings as described below. At the conclusion of such fraud investigations, Internal Audit will document the results, in. a confidential memorandum report to the County Administrator or School Superintendent with a copy to the appropriate Deputy County Administrator or School Division Chief and Department. Page 6 of 8 10-25-17 BOS Agenda Item IA Policy Updates Page 24 of 26 000-'), Z Director/Chief If the report concludes that the allegations are founded, the report will be copied to Human Resources, the County or School Attorney, and the Accounting Department. If the report documents that criminal offenses may have occurred, conies will also be sent to the Chief of Police and the Commonwealth's Attorney. If the fraud has resulted in County or School yrope& loss, Internal Audit shall rep.QA such loss loss. G. Confidentiality - All participants in a fraud investigation shall keep the details and results of the investigation confidential except as expressly provided in this administrative procedure. However, Internal Audit and the Police Department may discuss the investigati any person if such discussion would further the investigation. Internaf.`Audii"`,'obtafiis reports o subject person. H. Personnel Actions - If a suspicion of fraud is, substantiated by the audit investigation, disciplinary action shall be taken in conformance; with the County's Personnel Policies and Procedures. A false and vindictive 'allegation of fraud is a violation of this administrative procedure. All violations of this administrative procedure, including violations of the confidentiality provisions, shall result, in &S-ciplinary actions up to and including termination and loss of retirement benefits and retiree health benefits. I. Retaliation (Whistleblower j)rotection) - It is a violation of this administrative procedure fet-to discriminate against any individ, I *^b14 dig-AffiffliRatd EtgaifiSt r their reporting444-ei-44 t4v4'ag, cooperation., testimony, participation, or other activities related to a fraud, waste or paA*e'--4----- -n-ai+-au&abuse investigation-, — , tfeeee&nt. This includes_threatenin& will be sublect to discinli Related original fraud, waste or abuse allegation or investigation, 2. Retaliatory action taken or withheld., and 3. Responsible person(s) performing and/or directing the retaliation. J. Media Issues - If the media becomes aware of an audit investigation, the appropriate supervisor or Department Director/Chief shall refer the media to the Office of A44ie 494iFs-.Communications. and Media. The alleged fraud and audit investigation shall not be discussed with the media other than through the Office of P+44e-�Comrnunications and Media. Page 7 of 8 10-25-17 BOS Agenda Item IA Policy Updates ^<-, 0 11�� "I., I` Page 25 of 26 Q 414008 44-K. Upon completion of the audit investigation and all legal and I returned by Internal Audit to the appropriate department if ace Page 8 of 8 10-25-17 BOS Agenda Item IA Policy Updates Page 26 of 26 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 15, 2017 Item Number: 17.A. Subiect: Public Hearing to Consider Amending and Reenacting Chapter 9, Article II, Division 3 of the County Code to Add § 9-34 "Exemption for Surviving Spouses of Certain Emergency Services Providers Killed in the Line of Duty" County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to hold a public hearing to consider amending and reenacting Chapter 9, Article II, Division 3 the County Code to add § 9-34 relating to tax exemption for surviving spouses of certain emergency services providers killed in the line of duty. Summary of Information: The proposed ordinance (attached) would provide an exemption from real estate taxation for the qualifying real property of surviving spouses of certain emergency services providers killed in the line of duty as determined by the Comptroller and the Virginia Retirement System. The amount of the exemption in any given tax year is based on the average assessed value of single-family homes in the County for that tax year. Individuals eligible for the exemption are the surviving spouses of emergency services providers who are killed in the line of duty and are qualified to receive benefits as beneficiaries under the state Line of Duty Act. The exemption applies only to the principal dwelling of the spouse and it no longer applies if the spouse moves out of the County or remarries. The proposed effective date of the ordinance is January 1, 2018. Staff estimates that the fiscal impact is about $20,000 per year, but that figure could increase if more spouses qualify for exemption. Preparer: Jeffrey L. Mincks Title: Count V Attorney 3128:110110.1 Attachments: Yes No # , AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING CHAPTER 9 FINANCE AND TAXATION, ARTICLE II, DIVISION 3 TO ADD A NEW § 9-34 PROVIDING A REAL ESTATE TAX EXEMPTION FOR SURVIVING SPOUSES OF CERTAIN EMERGENCY SERVICES PROVIDERS KILLED IN THE LINE OF DUTY BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Chapter 9, Article II, Division 3 of the Code of the County of Chester geld, 1997, as amended, is amended and re-enacted by adding the following § 9-34: Chapter 9 FINANCE AND TAXATION Sec. 9-34. Exemption for Surviving Spouses of Certain Emergency Services Providers Killed in the Line of Duty (a) The purpose of this section is to provide an exemption from taxation for the qualifying real property of spouses of certain emergency services providers killed in the line of duty. This section is authorized by Va. Constitution, Art. 10, § 6-13 and Code of Virginia, Title 58.1, Ch. 32, Art. 2.5, §§ 58.1-3219.13 through 58.1-3219.16. (b) As used in this section, unless the context requires otherwise, "covered person" means any person set forth in the definition of "deceased person" in Va. Code § 9.1-400 whose beneficiary, as defined in Va. Code § 9.1-400, is entitled to receive benefits under Va. Code § 9.1-402, as determined by the Comptroller prior to July 1, 2017, or as determined by the Virginia Retirement System on and after July 1, 2017. (c) Pursuant to Article X, Section 6-B of the Constitution of Virginia, for tax years beginning on January 1, 2018, the real property described in subsection (d) of the surviving spouse of any covered person who occupies the real property as his principal place of residence is exempt from taxation. If the covered person's death occurred on or prior to January 1, 2017, and the surviving spouse has a principal residence on January 1, 2017, eligible for the exemption under this section, then the exemption for the surviving spouse shall begin on January 1, 2017. If the covered person's death occurs after January 1, 2017, and the surviving spouse has a principal residence eligible for the exemption under this section on the date that such covered person dies, then the exemption for the surviving spouse shall begin on the date that such covered person dies. If the surviving spouse acquires the property after January 1, 2017, then the exemption shall begin on the date of acquisition, O d"0 2 and the previous owner may be entitled to a refund for a pro rata portion of real property taxes paid pursuant to Va. Code § 58.1-3360. The County shall not be liable for any interest on any refund due to the surviving spouse for taxes paid prior to the surviving spouse's filing of the affidavit required by subsection (i). Any such refund shall payable subject to the applicable provisions of Va. Code §§ 58.1-3980 through -3995. (d) Those dwellings in the county with assessed values in the most recently ended tax year that are not in excess of the average assessed value for such year of a dwelling situated on property that is zoned as single-family residential shall qualify for a total exemption from real property taxes under this section. If the value of a dwelling is in excess of the average assessed value as described in this subsection, then only that portion of the assessed value in excess of the average assessed value shall be subject to real property taxes, and the portion of the assessed value that is not in excess of the average assessed value shall be exempt from real property taxes. Single-family homes, condominiums, town homes, manufactured homes as defined in Va. Code § 46.2-100 whether or not the wheels and other equipment previously used for mobility have been removed, and other types of dwellings of surviving spouses, whether or not the land on which the single- family home, condominium, town home, manufactured home, or other type of dwelling of a surviving spouse is located is owned by someone other than the surviving spouse, that (i) meet this requirement and (ii) are occupied by such persons as their principal place of residence shall qualify for the real property tax exemption. If the land on which the single-family home, condominium, town home, manufactured home, or other type of dwelling is located is not owned by the surviving spouse, then the land is not exempt. For purposes of determining whether a dwelling, or a portion of its value, is exempt from county real property taxes, the average assessed value shall be such average for all dwellings located within the county that are situated on property zoned as single-family residential. (e) The surviving spouse shall qualify for the exemption so long as the surviving spouse does not remarry and continues to occupy the real property as his or her principal place of residence. The exemption applies without any restriction on the spouse's moving to a different principal place of residence. (f) The exemption from real property taxes is provided for (i) the qualifying dwelling, or that portion of the value of such dwelling and land that qualifies for the exemption pursuant to subsection d, and (ii) with the exception of land not owned by the surviving spouse, the land, not exceeding one acre, upon which it is situated. A real property improvement other than a dwelling, including the land upon which such improvement is situated, made to such one acre exempt from taxation pursuant to this subsection shall also be exempt from taxation so long as the principal use of the improvement is (a) to house or cover motor vehicles or household goods and personal effects as classified in subdivision A 14 2 `00 - of Va. Code § 58.1-3503 and as listed in Va. Code § 58.1-3504 and (b) for other than a business purpose. (g) For purposes of this exemption, real property of any surviving spouse of a covered person includes real property (i) held by a surviving spouse as a tenant for life, (ii) held in a revocable inter vivos trust over which the surviving spouse holds the power of revocation, or (iii) held in an irrevocable trust under which the surviving spouse possesses a life estate or enjoys a continuing right of use or support. Such real property does not include any interest held under a leasehold or term of years. (h) In the event that (i) a surviving spouse is entitled to an exemption under this section by virtue of holding the property in any of the three ways set forth in subsection (g) and (ii) one or more other persons have an ownership interest in the property that permits them to occupy the property, then the tax exemption for the property that otherwise would have been provided shall be prorated by multiplying the amount of the exemption by a fraction the numerator of which is 1 and the denominator of which equals the total number of people having an ownership interest that permits them to occupy the property. In the event that the principal residence is jointly owned by two or more individuals including the surviving spouse, and no person is entitled to the exemption under this section by virtue of holding the property in any of the three ways set forth in subsection (g), then the exemption shall be prorated by multiplying the amount of the exemption by a fraction the numerator of which is the percentage of ownership interest in the dwelling held by the surviving spouse and the denominator of which is 100. (i) The surviving spouse claiming the exemption under this section shall file with the real estate assessor, on forms to be supplied by the department of real estate assessments, an affidavit (i) setting forth the surviving spouse's name, (ii) indicating any other joint owners of the real property, (iii) certifying that the real property is occupied as the surviving spouse's principal place of residence, and (iv) including evidence of the determination of the Comptroller or the Virginia Retirement System pursuant to subsection (b). The surviving spouse shall also provide documentation that he or she is the surviving spouse of a covered person and of the date that the covered person died. The surviving spouse is required to refile the information required by this subsection when the surviving spouse's principal place of residence changes. The surviving spouse shall promptly notify the department of real estate assessments if he or she remarries. (j) The fact that surviving spouses who are otherwise qualified for tax exemption pursuant to this section are residing in hospitals, nursing homes, convalescent homes, or other facilities for physical or mental care for extended periods of time shall not be construed to mean that the real estate for which tax exemption is sought does not continue to be the 3 0002-14 sole dwelling of such persons during such extended periods of other residence, so long as such real estate is not used by or leased to others for consideration. $V (2) That this ordinance shall become effective January 1, 2018. 3128: 110111.1 cbmanb 79imes-3ispateb Advertising Affidavit 300 E. Franklin Street Richmond, Virginia 23219 (804) 649-6208 COUNTY OF CHESTERFIELD BOARD OF SUPERVISORS P.O. BOX 40 9901 LORI RD. CHESTERFIELD, VA 23832 Account Number 3005440 Date November 08, 2017 IDate Category Description Ad Size Total Cost 11/08/2017 Meetings and Events TAKE NOTICE Take notice that the Board of Supervisors of Ch 2 x 25 L 247.20 TAKE NOTICE Take notice that the Board of Supervisors of Chesterfield County, Vh- gnia: at an adjourned meeting on Wednesday, November 1S, 2017, at 6 pm. in the County PuNiic Meet' Rom at the Chesterfield Administra• tion BuildiN, Route 10 and Lonload, Chesterfield, tfirgnia, will hold a pubic heanng where persons may appear and present their views cW canxg An adinance to amend of the Code_pf the Court of Chesterfield, 1997, as amended by amending and reeriaeting Chapter 9 Finaroe and Taxa- mer"" Artide II, Dnveon 3 to add a crew Section 9 34 provrQing a real es tate tax ezempfion for,: sirrvmng spouses of certain emergency services providers tiled in e fine of duly A copy of the ordnance is on file n the Cour Admin'strator's Office and L Berk to the Board s Office (Room 904) at the Lane 6 Ramsey Adm. ishation o .Idi g, 9901 Lori Road, Chesterfield vrgirla for pblic examination between tle hours of 890 a m. and 5 00 p m of each regu• larbusinessday. For further information, please contact the Coo Attorney's office, at W76149L The hearing is held at a public facility designed to be accessible to per• sons with disabilities Any persons vdth questions on the accessibility of the facil'dv or the need for reasonable accomnadahons should con- tact lance B aley, Berk to the Board, at 7612K Persons needing no- terpreter services for the deaf must notify the Clerk to the Board no lat• er to Friday, November 10, 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: 11/01, 11/08/2017 The First insertion being given ... 11/01/2017 Newspaper reference: 0000638908 Sworn to and subscribed before me this ll II 2 II Notary Public Supervisor State of Virginia City of Richmond My Commission expires KiMOorly 6- Hilrris NOTARY PU90C Commonwealth of Virginia Notary Registration Number 356753 commission Expires January 31, 2021 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YL)U CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 2 AGENDA rRGi Meeting Date: November 15, 2017 Item Number: 17.13. Subiect: Public Hearing to Consider the Exercise of Eminent Domain for the Acquisition of Right -of -Way and Easements for the Route 10 Widening Project from Route 1 to 1-95 County Administrator's Comments: County Administrator: Board Action Requested: Ul- Hold a public hearing and authorize the exercise of eminent domain for the acquisition of right-of-way and easements for the Route 10 Widening Project from Route 1 to 1-95, including the filing of certificates of deposit, so that utility relocations and construction may begin prior to the commencement of eminent domain proceedings. Summary of Information: In October 2011, the Board authorized staff to proceed with the Route 10 Widening Project from Route 1 to 1-95, including acquisition of right-of- way. The Board also authorized the advertisement of an eminent domain public hearing for the project. The widening will help relieve traffic congestion in the area. The county needs to acquire variable width right-of-way, temporary and permanent construction easements, permanent drainage easements as well as utility easements in order to construct the project. The county's right-of-way acquisition consultant has been successful in acquiring right-of-way and easements from seven of the twelve property owners impacted by the project. The county's consultant has been unable to reach agreement with five property owners and recommends eminent domain in order to allow utility relocations to take place in advance of the road widening. (Continued on next page) Preparer: Jesse W. Smith — Title: Director of Transportation Attachments: ■ Yes FI No 1# CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Summary of Information: (continued) If the county proceeds with eminent domain, certificates of deposit will be filed with the court, which will allow the county to immediately enter and use the right-of-way and easements so the project can proceed without delay. The county will then be obligated to purchase the right-of-way and easements from the landowners as identified on Attachments A & B. Sufficient funds are available in the budget to pay the anticipated condemnation costs. Recommendation: Staff recommends the Board authorize the exercise of eminent domain, including the filing of certificates of deposit, for the acquisition of right-of-way and easements for the Route 10 Widening Project from Route 1 to 1-95 from the properties identified on Attachments A and B. 000211`' 4 w ro E+� r, Ln 0 0 0' O m �D N M 01' E cri o0 I6 gyri t. a 0 L 0 0 L L L W V W W F- d CL w I- O Lr) l O �t w U- W N N N — LULL -I c -I m Ln r- l 0 0 0 0 0 0 L c1 -4 Ln 0 0 v C J 0 J = 41 Lr) v — O U N . SD C y N O E Iw Q u Z o o d Q C Y v Q °o m v i -I m Ln tD O rHm w E E+� N N Z > w 0 m o 0 CG m w U > w w w w +- a 0 L 0 0 L L N 41a W V W W F- r p CL w I- O Lr) l O �t w U- W N N N — LULL -I c -I m Ln —y M d d -'Zr d v C J 0 J = 41 Lr) v — O U N . SD C y N O E Iw Q u Z o o d Q C Y v Q °o m v i -I m Ln tD O rHm E E+� N N Z In InILI m m o 0 0 CO N +- a 0 L 0 0 L L �? In Cr) {L.� �o r- r p 0) 1 0 n � 1 0 m LO a—, Zt O Lr) l O �t N N N N N — r -I -I c -I m Ln v C J 0 J = 41 Lr) v — O U N . SD C y N O E Iw Q u Z o o d Q C Y v Q °o m v i -I m Ln tD O rHm E E+� N N Z OO w O O O 0 CO N +- °- 0 0 0 W 0 �? In Cr) O �o r- 0) C N M 0 M o "o m w -I — O r, w m Ln —y M d d -'Zr d CLC i lD lD lD lD lD `'. f6 00 00 00 00 01 a rn rn rn rn rn (U b,O r� r, r- r- r - v C J 0 J = 41 Lr) v — O U N . SD C y N O E Iw Q u Z o o d Q C Y v Q °o m v i -I m Ln tD O rHm E E+� N N w w mv CO N +- C — v W C v -v O N L v C E N 4- C N M 0 M M O u w w CL M M :DN CLC C CCL LL L oL I- C H 0 > II (U b,O 11 Lu w 11 II w LL a I- E- > w z ❑ z w Z w ❑w U) 0 a- 0 x CL In GG,02:19 U z w 0 a: Z LU X g 2 < w� w w I --LU LL z w 'T C) a) Z w cc� a: W n 0) n < WCl) LU Z W 0 (1) D w a U. Z W j� w Cl) w w 1�00 M E < :D w C) r— C-4 co 0 a U. W U) W z< QW < w (D CY LL Cl) w ❑ w Z w in w CK Lol 0 N O 0 (o L, LL < 2 CL 0. 0) "Y W w < a co 161016101 W of LO co co m < j D w 0) 1-- W LL 0 U. ❑ w w uj w z 0 D (Y) C5 O C5 0� 0 0 0 F- (.) w w Ix (L ci X W LL w (L 0 ITJ w 0 LO m z U) Z C) 0 Lc) b CID (Y C) W F - 0 w Z w W- X w 3� 0 < W CL 0 0 0 a Q Of < W w z z M z < w I �4 < C) < :E w w w (D cr ca D co w MLO LO (0 0 C) C) CD CD < m w z ❑ z w Z w ❑w U) 0 a- 0 x CL In GG,02:19 D • 1 0 lklk ROOt\E 1 1- 95 PARCELS] - GEL F'�Rti I ., 0 a 4 8, 5 W HUMMED RI) 42, err IPR' OJECT LOCATION) P A 200 400 Richntanb Mmes-INSpatirb Advertising Affidavit 300 E. Franklin Street Richmond, Virginia 23219 (804)649-6208 COUNTY OF CHESTERFIELD BOARD OF SUPERVISORS P.O. BOX 40 9901 LORI RD. CHESTERFIELD, VA 23832 Account Number 3005440 Date November 08, 2017 Date Category Description Ad Size Total Cost 11/14/2017 Meetings and Events Take Notice Take notice that the Board of Supervisors of Chest 2 x 24 L 123.00 Take Notice Take notice that the Board of Supervisors of Chesterfield County, Vir• pinna, at a regular scheduled meeting on November 15, 2017 at &00 pm. in the County Public Meeting roan at the Chesterfield Administration Building, t 10 and Lori Road Chesterfield, Vi 'nia, will hdd a public hearing where persons affected may appear Vpresent their views to consider. The exercise d eminent domain for the acquisition d fee simple irteestfa right•d•wap �and easements forthe Route 10 (Rade Ito 1.95) Widening PrOect Rginia Department al Transportation Number 001H&RA, RW201) for the following properties 12100 JeNerson Davis Highway, GPIN 7960419M, U500 Jefferson Davis f0ghway, GPIN 79�54T03900000;12d31 Jefferson Daws Hi way,GPINi9865489T000000;2530W.HundredRoad,GPIN 2420 W. Hunted Road, GfNN 199�451T100000 R (urtller idormatiar a desired, please contact Mr. Stan Newcomb, Principal Engirree, at 1461D31, between the hours of 89D am. and 5.10 P m. Mondaythau Fndayy. The hearing ns hel at a pubkc fxilty designed to be aceessible to per. sore with disabilities, any persons wrth questions on the accessibility d the faral'ddyy a need for reasonable accommodations should contact Jan• prelice err I ey, Clerk to the Board, 9 74 1100. Persons needing inter• ethan N� ices ber or ththe deg must nolify the Clerk to the Board no late Publisher of the Richmond Times -Dispatch This is to certify that the attached Take Notice Take notice t was published by the Richmond Times -Dispatch, Inc. in the City of Richmond, State of Virginia, on the following dates: 11/08/2017 The First insertion being given ... 11/08/2017 Newspaper reference: 0000642919 Sworn to and subscribed before me this TVIRM 1-110C Nota Public Supervisor 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 Page 1 of 1 AGENDA 71 Meeting Date: November 15, 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 joint meeting of the Board of Supervisors, School Board and members of the county's Legislative Delegation to be held on Tuesday, December 5, 2017, at 5:00 p.m. at the Chesterfield Technical Center, 13900 Hull Street Road. Preparer: Janice Blakley Attachments: E Yes Title: Clerk to the Board 0 No #