2020-03-25 Agenda PacketCHESTERFIELD COUNTY
CHESTERFIELD, VIRGINIA 23832
AGENDA
March 25, 2020
BOARD OF SUPERVISORS
LESLIE A.T. HALEY
CHAIR
MIDLOTHIAN DISTRICT
KEVIN P. CARROLL
VICE CHAIR
MATOACA DISTRICT
JIM A. INGLE
BERMUDA DISTRICT
CHRISTOPHER M. WINSLOW
CLOVER HILL DISTRICT
JAMES M. HOLLAND
DALE DISTRICT
JOSEPH P. CASEY, Ph.D.
COUNTY ADMINISTRATOR
1.Invocation
The Honorable Leslie Haley, Midlothian District Supervisor
2.Pledge of Allegiance
Ms. Sarah Snead, Deputy County Administrator
3.Requests to Postpone Agenda Items and Additions, Deletions or Changes in the Order of
Presentation
4.Reports
A.District Improvement Funds (DIF) Monthly Report
5.County Administration Update
A.Coronavirus Update
6.Board Member Reports
7.New Business
A.Consent Items
1.Adoption of Resolutions
a.Resolution Recognizing Ms. Darla W. Orr, Zoning and Special Projects
Manager, Planning Department, Upon Her Retirement
2.Real Property Requests
a.Acceptance of Parcels of Land
1.Acceptance of Parcels of Land Adjacent to Iron Bridge Road from
Austin Woods Development, Co.
Page 1 of 102
Chesterfield County Board of Supervisors Meeting
March 25, 2020
2.Acceptance of a Parcel of Land for the Extension of Magnolia Green
Parkway from 6801 Woolridge RoadMoseley, LP.
3.Acceptance of a Parcel of Land for the Extension of Woolridge Road
from 6801 Woolridge RoadMoseley, LP.
4.Acceptance of a Parcel of Land for Citory Way and Hallowell Ridge
from RREFII TFC GREENWICH, LLC.
3.2020 Building Bridges Grant Chesterfield County Sheriff's Office
4.Approval of a Fixed Tax Rate and Water and Wastewater Capacity and Service Agreement
with Peanut LLC
5.To Set a Public Hearing to Consider an Ordinance to Move the Polling Places for Five Forks
Voting Precinct, Winfree’s Store Voting Precinct, and Crestwood Voting Precinct
6.Assignment of Airport Hangar Lease from Innovation Hangar, Inc. to 5G Air LLC
7.Confirmation and Consent to the Declaration of a Local Emergency in Chesterfield County as
a Result of the Threat Posed by the COVID19 Virus
8.Emergency Adoption of an Ordinance 1) to Add Section 9160 to Chapter 9, Article XI, of
the Code of the County of Chesterfield Relating to Waiver of Penalties and Interest on
Unpaid Transient Occupancy Taxes During a Declared Emergency and 2) to Amend Section
1829 Relating to the Waiver of Penalties and Interest on Unpaid Utility Bills During a
Declared Emergency
9.Continuity of County Government Ordinance
10.Appointment of Emergency Management Coordinator
8.FifteenMinute Citizen Comment Period on Unscheduled Matters
9.Deferred Items
10.Public Hearings
A.Proposed Ordinance Amendments Relating to Department of Utilities Fee Changes
B.Proposed 2020 Tax Rates
C.FY2021 Proposed Budget
D.FY20212025 Proposed Capital Improvement Program
E.FY2021 Proposed Community Development Block Grant and the HOME Investment
Partnership Annual Plan
Page 2 of 102
Chesterfield County Board of Supervisors Meeting
March 25, 2020
F.Proposed Amendment to Section 9.25 of the Code of the County of Chesterfield related to the
Tax Relief Program
G.Proposed Issuance of General Obligation School Bonds and Adopt a Resolution Authorizing
the Issuance of Virginia Public School Authority (VPSA) School Financing Bonds for
Crestwood and Magnolia Green Area
11.FifteenMinute Citizen Comment Period on Unscheduled Matters
12.Adjournment
A.Adjournment and Notice of Next Scheduled Meeting of the Board of Supervisors
Page 3 of 102
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Meeting Date: March 25, 2020 Item Number: 4.A.
Subject:
District Improvement Funds (DIF) Monthly Report
Board Action Requested:
Accept the attached District Improvement Funds (DIF) Monthly Report.
Summary of Information:
The attached report details approved and proposed uses of DIF for FY2020. Acceptance of the report will serve
as approval for staff to expend DIF funds for the proposed uses as listed.
Attachments:
1.DIF Report - March 25, 2020
Preparer:Andrea Peeks, Director of Budget and Management
Approved By:
Page 4 of 102
1 | Page DIF Report 3/25/2020
CHESTERFIELD COUNTY
Monthly Report on District Improvement Funds
Report Date: March 25, 2020
Prepared By: Budget and Management
The County annually budgets $33,500 in discretionary funds, referred to as District Improvement Funds (DIF),
for each of the five magisterial districts that are used to improve the quality of life in each district. The DIF
allocations can be used for public improvements, purchase of county-owned equipment, public events or
programs, public school programs, and other legally allowable expenses. In addition, if funds remain in DIF
accounts at the end of each fiscal year, up to $37,500 may be reserved per district at year-end to be utilized in a
future year. With approval of this report, the Board consents to the use of available reserve balance, if needed.
This report shows the cumulative use of District Improvement Funds for FY2020 as well as the current funding
available for each district. Requests to use funds for the current month are detailed below and listed as a
proposed use on the summary chart for that district. Upon Board of Supervisors acceptance of this report each
month, staff will execute proposed DIF requests.
There are eight DIF uses proposed this month. Acceptance of this report by the Board constitutes Board
approval of these requests.
March 2020 Requests:
Transfer up to $685.13 from the Bermuda District Improvement Fund to Streetlights for new streetlight
installation in the Forest Heights subdivision.
Transfer up to $4,738.96 from the Clover Hill District Improvement Fund to Streetlights for new
streetlight installation in the Walnut Grove subdivision.
Transfer up to $1,688.11 from the Dale District Improvement Fund to Streetlights for new streetlight
installation in the Kingsland Garden subdivision.
Transfer up to $1,547.19 from the Matoaca District Improvement Fund to Streetlights for new
streetlight installation in the Eagle Cove subdivision.
Transfer up to $1,400.00 from the Bermuda District Improvement Fund to the Department of Parks and
Recreation to assist with funding in hosting Falling Creek Ironworks 400th Celebration event on April 25,
2020. This expenditure is appropriate because it is being used by the Department to commemorate a
historic event pursuant to Va. Code § 15.2-953.
Transfer up to $1,090.00 from the Clover Hill District Improvement Fund to the School Board to assist
with conference registration fees for two teachers from Crenshaw Elementary School to attend the
“Get Your Teach On” Conference in Orlando, Florida from June 28, 2020 – July 1, 2020. The County can
give money to the School Board to pay registration fees for teachers to attend educational conferences.
Page 5 of 102
2 | Page DIF Report 3/25/2020
Transfer up to $3,000.00 from the Dale District Improvement Fund to the School Board to assist with
the purchase and installation of a new scoreboard for the baseball field at Meadowbrook High School.
The County can give money to the School Board to purchase capital equipment to be owned by the
School Board. The scoreboard will be owned by the School Board and will become a part of the School
Board’s inventory of property. The purchase must be made by the School Board in accordance with the
Virginia Public Procurement Act and County purchasing policies.
Transfer funds from respective District Improvement Funds to the Chesterfield County School Board for
drug- and alcohol-free post-prom celebrations at various area high schools. The requested amounts
from each fund are as follows:
Bermuda: Up to $100.00 for the Appomattox Regional Governor’s School
Total: Up to $100.00
Clover Hill: Up to $1,000.00 for Monacan High School, and $100.00 for Appomattox Regional
Governor’s School
Total: Up to $1,100.00
Dale: Up to $1,000.00 for Meadowbrook High School, $500.00 for Matoaca High School, and
$100.00 for Appomattox Regional Governor’s School
Total: Up to $1,600.00
Matoaca: Up to $1,000.00 for Cosby High School, $500.00 for Matoaca High School, and
$100.00 for Appomattox Regional Governor’s School
Total: Up to $1,600.00
Midlothian: Up to $1,000.00 for Midlothian High School, and $100.00 for Appomattox Regional
Governor’s School
Total: Up to $1,100.00
A portion of this request is from the Appomattox Regional Governor’s School, which is located
in Petersburg and includes 225 Chesterfield County students. Since the Governor’s School is a
regional public-school facility and is legally independent of the Chesterfield County School
Board, the School Board will have to take action to authorize the transfer of the total, up to
$500.00 payment to the Governor’s School. Accordingly, if the Board of Supervisors approves
the transfer of the funds to the School Board, the money cannot be given to the Governor’s
School unless the School Board also takes public action to approve the transfer to the
Governor’s School. If the School Board does not approve the transfer, the $500.00 must be
returned to the County.
The remaining requests for funds originally came from each school’s PTSA or Prom Committee.
The County is not legally authorized to transfer funds to these organizations or committees. The
County is authorized to transfer funds to the School Board but only if the transfer is contingent
on the money being placed in capital projects or school operating accounts to be applied to
appropriate school-funded post-prom activities. The school system must write checks directly
to vendors who will be supplying goods or services to post-prom events and these goods and
services must be purchased in accordance with the Virginia Public Procurement Act.
Page 6 of 102
3 | Page DIF Report 3/25/2020
DIF Balances To Date:
Bermuda – Current Balance $21,176.56 (FY20 funding plus available reserves)
Request Date Use Amount
9/25/2019 Meadowville Landing-Riversbend subdivision streetlights $2,170.32
9/25/2019 Thomas Dale High School electronic sign $26,082.00
10/23/2019 Enon Volunteer Fire Department HVAC system replacement $5,000.00
10/23/2019
Falling Creek Ironworks Foundation monument in memory of Bryan
H. Walker $900.00
11/13/2019
Marguerite Christian Athletic Association concession building at Dodd
Park $500.00
12/11/2019 Bellwood Elementary School KaBoom playground equipment $800.00
12/11/2019 Thomas Dale High School electronic sign $5,000.00
1/22/2020 Meadowville Landing-Riversbend subdivision streetlights $1,388.13
2/19/2020 Route 10 banners $1,556.00
Proposed Forest Heights subdivision streetlights $685.13
Proposed Falling Creek Ironworks Celebration $1,400.00
Proposed Appomattox Regional Governor’s School post-prom celebration $100.00
Total FY2020 Bermuda uses $45,581.58
Clover Hill – Current Balance $21,476.03 (FY20 funding plus available reserves)
Request Date Use Amount
7/24/2019 Providence Elementary School playground equipment $3,000.00
8/28/2019 North Courthouse Road Library juvenile collection $4,432.89
10/23/2019
W. W. Gordon Elementary School teacher registration fees for "Get
Your LEAD On" conference $1,500.00
12/11/2019 Swift Creek Middle School cross country and track uniforms $800.00
Proposed Walnut Grove subdivision streetlights $4,738.96
Proposed Crenshaw Elementary School teacher registration fees for "Get Your
Teach On" conference $1,090.00
Proposed Monocan High School post-prom celebration $1,000.00
Proposed Appomattox Regional Governor’s School post-prom celebration $100.00
Total FY2020 Clover Hill uses $16,661.85
Page 7 of 102
4 | Page DIF Report 3/25/2020
Dale – Current Balance $54,369.71 (FY20 funding plus available reserves)
Request Date Use Amount
7/24/2019 Lloyd C. Bird High School stadium field $2,000.00
10/23/2019 Lloyd C. Bird High School Makerspace laser cutter replacement $1,495.00
11/13/2019 Hopkins Road Elementary School blacktop $2,000.00
Proposed Kingsland Garden subdivision streetlights $1,688.11
Proposed Meadowbrook High School baseball field scoreboard $3,000.00
Proposed Meadowbrook High School post-prom celebration $1,000.00
Proposed Matoaca High School post-prom celebration $500.00
Proposed Appomattox Regional Governor’s School post-prom celebration $100.00
Total FY2020 Dale uses $11,783.11
Matoaca – Current Balance $29,127.81 (FY20 funding plus available reserves)
Request Date Use Amount
8/28/2019 Grange Hall Elementary School Kindergarten playground equipment $3,625.00
10/23/2019 Spring Run Elementary School online Lexia® Core5® Reading program $1,000.00
12/11/2019 Matoaca High School softball dugout $5,000.00
12/11/2019 Matoaca Park press box improvements $8,550.00
12/11/2019 Ettrick Park press box improvements $8,550.00
12/11/2019 Ettrick Elementary School Early Learning Literacy Program part-time
temporary worker $12,000.00
Proposed Eagle Cove subdivision streetlights $1,547.19
Proposed Cosby High School post-prom celebration $1,000.00
Proposed Matoaca High School post-prom celebration $500.00
Proposed Appomattox Regional Governor’s School post-prom celebration $100.00
Total FY2020 Matoaca uses $41,872.19
Midlothian – Current Balance $58,417.00 (FY20 funding plus available reserves)
Request Date Use Amount
12/11/2019 J.B. Watkins Elementary School PBIS program book vending machine $1,596.00
12/11/2019 Robious Athletic Complex scoreboards $9,887.00
Proposed Midlothian High School post-prom celebration $1,000.00
Proposed Appomattox Regional Governor’s School post-prom celebration $100.00
Total FY2020 Midlothian uses $12,583.00
Page 8 of 102
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Meeting Date: March 25, 2020 Item Number: 5.A.
Subject:
Coronavirus Update
Board Action Requested:
Summary of Information:
A team of County and School personnel have been actively monitoring and preparing for the potential impacts
of COVID-19 on Chesterfield County residents and staff.
Dr. Alexander Samuel will provide an update on the status of COVID-19, county preparedness and response as
well as recommended preventative actions.
Attachments:
None
Preparer:Sarah Snead, Deputy County Administrator
Approved By:
Page 9 of 102
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Meeting Date: March 25, 2020 Item Number: 7.A.1.a.
Subject:
Resolution Recognizing Ms. Darla W. Orr, Zoning and Special Projects Manager, Planning Department, Upon
Her Retirement
Board Action Requested:
Adoption of the attached resolution.
Summary of Information:
Ms. Darla W. Orr retires from the Planning Department on April 1, 2020, after providing 23 years of service to
the residents of Chesterfield County.
Attachments:
1.Darla Orr Resolution
Preparer:Andrew Gillies, Director of Planning
Approved By:
Page 10 of 102
RECOGINIZING MS. DARLA W. ORR UPON HER RETIREMENT
WHEREAS, Ms. Darla W. Orr retires from the Chesterfield
Planning Department on April 1, 2020 after twenty-three years of
dedicated service; and
WHEREAS, Ms. Orr began her career in government service with
the Martin County Economic Development Commission and Building
Inspectors Office in North Carolina in 1987; and
WHEREAS, Ms. Orr began her service with Chesterfield County
in 1991 as a Planning Technician, then Planner, assisting with
residential building permit and subdivision plan reviews, and
guiding the community development processes; and
WHEREAS, Ms. Orr accepted an opportunity in 1996 as Brunswick
County’s Director of Planning, Zoning Administrator, E-911
Coordinator, and Erosion and Sediment Control Program
Administrator, managing all activities of these departments; and
WHEREAS, Ms. Orr returned to Chesterfield County in 2001 as
a Senior Planner, and through her hard work and dedication, rose
to serve in the positions of Principal Planner then Planning
Administrator for Zoning and Special Projects, during which time
the County grew from 260,000 to 349,000 persons; and
WHEREAS, during her tenure, Ms. Orr’s primary responsibility
was the management of zoning proposals requiring active
participation in approximately 444 Planning Commission and Board
of Supervisors public hearings, and an untold number of community
meetings during which she helped negotiate development proposals
in the best interest of all; and
WHEREAS, Ms. Orr participated in the management of cases
presented to the Board of Zoning Appeals, as well as ordinance
amendments, substantial accord determinations for public
facilities and implementation of the Comprehensive Plan; and
WHEREAS, during her career, Ms. Orr assisted with the
implementation of numerous improvements to the zoning process, to
include the Community Development Information System (CDIS),
permitting the web-based filing, distribution and review of zoning
applications, which won the 2014 National Association of Counties
(NACO) Achievement Award; and
WHEREAS, Ms. Orr forged effective working relationships with
the Planning Commission, Board of Supervisors, Board of Zoning
Appeals, citizen groups and the development community; and
WHEREAS, Ms. Orr enjoyed membership in two professional
planning organizations being a Certified Zoning Administrator with
the Virginia Association of Zoning Officials (VAZO) and serving as
a board member since 1997 with the Rural Planning Caucus (RPC);
and
WHEREAS, Ms. Orr worked tirelessly coordinating team review
of zoning cases by 18 different county departments and state
agencies; and
Page 11 of 102
WHEREAS, Ms. Orr continuously exerted a positive attitude and
provide exemplary customer service; and
WHEREAS, Ms. Orr worked diligently to make Chesterfield
County a better place for all citizens, today and in the future.
AND, BE IT FURTHER RESOLVED that a copy of this resolution be
presented to Ms. Orr and that this resolution be permanently
recorded among the papers of this Board of Supervisors of
Chesterfield County, Virginia.
Page 12 of 102
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Meeting Date: March 25, 2020 Item Number: 7.A.2.a.1.
Subject:
Acceptance of Parcels of Land Adjacent to Iron Bridge Road from Austin Woods Development, Co.
Board Action Requested:
Accept the conveyance of 2 parcels of land containing a total of 4.062 acres adjacent to Iron Bridge Road from
Austin Woods Development, Co. and authorize the County Administrator to execute the deed.
Summary of Information:
Staff requests that the Board of Supervisors accept the conveyance of 2 parcels of land containing a total of
4.062 acres adjacent to Iron Bridge Road from Austin Woods Development, Co. This conveyance is for the
development of Austin Woods Apartments Phase 1 and has been reviewed by the site plan team.
Approval is recommended.
Attachments:
1.austin woods ded sketch
2.austin woods plat
Preparer:John Harmon, Real Property Manager
Approved By:
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VICINITY SKETCHAcceptance of Parcels of Land Along Iron Bridge Road from Austin Woods Development, Co.
0.020 Acre Dedication
4.042 Acre DedicationIron B r i d g e R d
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PLANNERS / ARCHITECTS / ENGINEERS / SURVEYORS
ROANOKE / RICHMOND / NEW RIVER VALLEY / STAUNTON / HARRISONBURG / LYNCHBURG
15871 City View Drive, Suite 200 / Midlothian, Virginia 23113 / Phone (804) 794-0571 / www.balzer.cc
01-29-2020
CO. PLAN #20PR0106
CO. PROJ #19-0156
DATE: 01-29-2020
SCALE: 1" = 100'
JOB: 54170210.00
DRAWN BY: WRL
CHECKED BY: CMF
SHEET 1 OF 1
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Meeting Date: March 25, 2020 Item Number: 7.A.2.a.2.
Subject:
Acceptance of a Parcel of Land for the Extension of Magnolia Green Parkway from 6801 Woolridge Road-
Moseley, LP.
Board Action Requested:
Accept the conveyance of a parcel of land containing 7.438 acres for the extension of Magnolia Green Parkway
from 6801 Woolridge Road-Moseley, LP and authorize the County Administrator to execute the deed.
Summary of Information:
Staff requests that the Board of Supervisors accept the conveyance of a parcel of land containing 7.438 acres
for the extension of Magnolia Green Parkway from 6801 Woolridge Road-Moseley, LP. This conveyance is
for the development of Magnolia Green Parkway Ext.-Phase 3C and has been reviewed by the subdivision
team.
Approval is recommended.
Attachments:
1.mag gr py ded sketch
2.35079.031 - MG_Pkwy - SCANNED
Preparer:John Harmon, Real Property Manager
Approved By:
Page 16 of 102
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VICINITY SKETCHAcceptance of a Parc el of Land for Magnolia Green Parkway Extension from 6801 Woolridge Road-Moseley, LP.
7.438 Acre Dedic ation
Magnolia Green Py
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Meeting Date: March 25, 2020 Item Number: 7.A.2.a.3.
Subject:
Acceptance of a Parcel of Land for the Extension of Woolridge Road from 6801 Woolridge Road-Moseley, LP.
Board Action Requested:
Accept the conveyance of a parcel of land containing 4.770 acres for the extension of Woolridge Road from
6801 Woolridge Road-Moseley, LP and authorize the County Administrator to execute the deed.
Summary of Information:
Staff requests that the Board of Supervisors accept the conveyance of a parcel of land containing 4.770 acres
for the extension of Woolridge Road from 6801 Woolridge Road-Moseley, LP. This conveyance is for the
development of Magnolia Green Woolridge Road Ext.-Phase 3C and has been reviewed by the subdivision
team.
Approval is recommended.
Attachments:
1.mag green woolridge sketch
2.35079.032 - Woolridge_Rd - SCANNED
Preparer:John Harmon, Real Property Manager
Approved By:
Page 23 of 102
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VICINITY SKETCHAcceptance of a Parc el of Land for Woolridge Road Extension from 6801 Woolridge Road-Moseley, LP.
4.770 Acre Dedic ation
W o o l r i d g e R d
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Meeting Date: March 25, 2020 Item Number: 7.A.2.a.4.
Subject:
Acceptance of a Parcel of Land for Citory Way and Hallowell Ridge from RREF-II TFC GREENWICH, LLC.
Board Action Requested:
Accept the conveyance of a parcel of land containing 1.272 acres for Citory Way and Hallowell Ridge from
RREF-II TFC GREENWICH, LLC and authorize the County Administrator to execute the deed.
Summary of Information:
Staff requests that the Board of Supervisors accept the conveyance of a parcel of land containing 1.272 acres
for Citory Way and Hallowell Ridge from RREF-II TFC GREENWICH, LLC. This conveyance is for the
development of Greenwich Walk at Fox Creek Phase 4 and has been reviewed by the site plan team.
Approval is recommended.
Attachments:
1.RREF TFC Greenwich ded sketch
2.RREF II TFC Greenwich ded plat
Preparer:John Harmon, Real Property Manager
Approved By:
Page 28 of 102
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VICINITY SKETCHAcceptance of a Parcel of Land for Citory Way and Hallowell Ridge from RREF-II TFC GREENW IC H, LLC.
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Page 29 of 102
Page 30 of 102
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Meeting Date: March 25, 2020 Item Number: 7.A.3.
Subject:
2020 Building Bridges Grant - Chesterfield County Sheriff's Office
Board Action Requested:
The Board is requested to approve the grant agreement with Institute for Intergovernmental Research (IRR).
Summary of Information:
This grant is a joint effort between the Sheriff's Office, Commonwealth's Attorney, Community Corrections,
Chesterfield Fire and EMS, and Mental Health Support Services. The grant goals are to identify the at risk
population for expanded Medication Assisted Treatment (MAT) and treatment outside of incarceration. Grant
award is $93,750. There is no local match requirement for this grant.
Attachments:
None
Preparer:Karl Leonard
Approved By:
Page 31 of 102
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Meeting Date: March 25, 2020 Item Number: 7.A.4.
Subject:
Approval of a Fixed Tax Rate and Water and Wastewater Capacity and Service Agreement with Peanut LLC
Board Action Requested:
The Board is requested to approve a tax rate and water and wastewater capacity and service agreement with
Peanut LLC.
Summary of Information:
County staff is working with Peanut LLC to locate a project in Chesterfield County. The project investment
will provide significant economic benefits to the County including substantial tax revenues. Peanut’s decision
to locate the project in the County was based in part on the County’s favorable tax rates and reliable water
supply. Peanut has asked the County to enter into an agreement which will effectively maintain the current
business personal property tax rates applicable to the project and an adequate supply of water and wastewater
to the project for a term of 30 years. Peanut will be required to pay the same charges and fees as all other
similarly situated utility customers.
Staff recommends approval.
Attachments:
None
Preparer:Karen Aylward, Asst. Director
Approved By:
Page 32 of 102
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Meeting Date: March 25, 2020 Item Number: 7.A.5.
Subject:
To Set a Public Hearing to Consider an Ordinance to Move the Polling Places for Five Forks Voting Precinct,
Winfree’s Store Voting Precinct, and Crestwood Voting Precinct
Board Action Requested:
Adopt the attached ordinance to change the polling places for Crestwood Voting Precinct, Five Forks Voting
Precinct and Winfree’s Store Voting Precinct.
Summary of Information:
The current polling place for Crestwood Voting Precinct in Midlothian Magisterial District (Bon Air
Elementary School) does not have adequate parking to conduct an election when schools are open and
therefore cannot serve as polling place. Also, the polling place for Five Forks Voting Precinct in Dale
Magisterial District (Five Forks Village Clubhouse) is moving to Open Door Baptist Church. Additionally,
Winfree’s Store Voting Precinct in Matoaca Magisterial District (Union Branch Baptist Church) no longer
wants to be a polling place and will be moved to Lake Chesdin Golfers Club.
The attached ordinance proposes to move the polling place for Crestwood Voting Precinct to the Islamic Center
of Virginia, for the Five Forks Voting Precinct to Open Door Baptist Church, and for Winfree’s Store Voting
Precinct to Lake Chesdin Golfers Club. State law requires changes to polling places to be enacted at least 60
days before the November election. Accordingly, these changes must be adopted at the April Board meeting.
Although the General Assembly has enacted a moratorium on changing precinct boundaries until after the 2020
census and redistricting cycle has been concluded, this moratorium does not preclude polling place changes.
Attachments:
1.Ordinance Amendment - Polling Places for Five Forks, Winfree's Sto
2.precinct_210_pollplace_change
3.precinct_304_pollplace_change
4.precinct_502_pollplace_change
Preparer:Jeff Mincks, County Attorney
Page 33 of 102
Approved By:
Page 34 of 102
0433:116677.1 1
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF
CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND
RE-ENACTING SECTION 7-3 BY MOVING THE POLLING PLACES FIVE FORKS
VOTING PRECINCT, WINFREE’S STORE VOTING PRECINCT
AND CRESTWOOD VOTING PRECINCT
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
(1)That Section 7-3 of the Code of the County of Chesterfield, 1997, as amended, is
amended and re-enacted to read as follows:
Sec. 7-3. Precinct boundaries and polling places.
The following shall be the precinct boundaries and polling places for magisterial districts
in the county:
o o o
DALE MAGISTERIAL DISTRICT
o o o
Five Forks Voting Precinct (210):
o o o
The voting place of Five Forks Voting Precinct shall be Five Forks Village Clubhouse, 8301
Five Forks Lane Open Door Baptist Church, 7151 Belmont Rd.
o o o
MATOACA MAGISTERIAL DISTRICT
o o o
Winfree’s Store Voting Precinct (304):
o o o
The voting place for Winfree’s Store Voting Precinct shall be Union Branch Baptist
Church, 11519 River Road Lake Chesdin Golfers Club, 21801 Lake Chesdin Parkway.
o o o
Page 35 of 102
0433:116677.1 2
MIDLOTHIAN MAGISTERIAL DISTRICT
o o o
Crestwood Voting Precinct (502):
o o o
The voting place for Crestwood Voting Precinct shall be Bon Air Elementary School,
8701 Polk Street Islamic Center of Virginia, 1241 Buford Rd.
o o o
(2)That this ordinance shall become effective immediately upon adoption.
Page 36 of 102
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315
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402
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210 – Five Forks Voting Precinct
Chesterfield County, Virginia
0 1 20.5
Miles
Prepared By Chesterfield County GIS: March 09, 2020
Precinct Information
Magisterial District: Dale
VA House of Delegates District: 66
VA Senate District: 11
Congressional District: 7
Open Door Baptist Church
7151 Belmont Rd, 23832
Proposed New Polling Place:
Five Forks Village Clubhouse
8301 Five Forks Lane, 23832
Current Polling Place:
Page 37 of 102
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304 – Winfree’s Store Voting Precinct
Chesterfield County, Virginia
0 1 20.5
Miles
Prepared By Chesterfield County GIS: March 09, 2020
Precinct Information
Magisterial District: Matoaca
VA House of Delegates District: 63
VA Senate District: 11
Congressional District: 4
Lake Chesdin Golfers Club
21801 Lake Chesdin Parkway, 23838
Proposed New Polling Place:
Union Branch Baptist Church
11519 River Rd, 23838
Current Polling Place:
Page 38 of 102
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Beaufont
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Shenandoah
502 - Crestwood Voting Precinct
Chesterfield County, Virginia
0 0.5 10.25
Miles
Prepared By Chesterfield County GIS: March 09, 2020
Precinct Information
Magisterial District: Midlothian
VA House of Delegates District: 27
VA Senate District: 10
Congressional District: 7
Islamic Center of Virginia
1241 Buford Rd, 23235
Proposed New Polling Place:
Bon Air Elementary School
8701 Polk St, 23225
Current Polling Place:
Page 39 of 102
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Meeting Date: March 25, 2020 Item Number: 7.A.6.
Subject:
Assignment of Airport Hangar Lease from Innovation Hangar, Inc. to 5G Air LLC
Board Action Requested:
Authorize assignment of existing land lease for North Ramp Pad Site 4 held by Innovation Hangar, Inc. to 5G
Air LLC.
Summary of Information:
In 2018, the Board approved a land lease with Innovation Hangar, Inc. (Innovation) for construction of a
10,000 square foot aircraft hangar on Pad Site 4 of the Airport North Ramp. Efforts to construct the hangar
have progressed, but Innovation recently informed the County that business dealings of their parent company,
Blueprint Automation, are shifting increasingly overseas. Accordingly, their needs for domestic aviation
services are declining. Hence, they no longer have a need for the hangar.
Innovation entered into discussions with 5G Air, LLC (5G) for assignment of the lease, which is allowable
under lease terms, and agreement was reached. 5G currently holds a land lease with the County for North
Ramp Pad Sites 1 and 2 and is the LLC through which Richmond Executive Aviation, a Fixed Based Operator
at the Airport, is constructing their hangars.
Final assignment of the lease requires County approval. All lease terms will remain in force with the exception
that 5G will have two years from the date of assignment commencement to complete construction of the
hangar. This is the same construction timeline requirement as in the Innovation lease.
Staff recommends approval.
Attachments:
None
Preparer:Clay Bowles, Director
Approved By:
Page 40 of 102
Page 41 of 102
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Meeting Date: March 25, 2020 Item Number: 7.A.7.
Subject:
Confirmation and Consent to the Declaration of a Local Emergency in Chesterfield County as a Result of the
Threat Posed by the COVID-19 Virus
Board Action Requested:
Adopt the attached resolution confirming and consenting to the declaration of a local emergency in Chesterfield
County due to the threat posed by the COVID-19 virus.
Summary of Information:
The Coronavirus (COVID-19) pandemic has severely impacted localities in the Commonwealth. On March 12,
2020, the Governor declared a state of emergency in response to the continued spread of COVID-19. On March
13, 2020, pursuant to Sec. 44-146.21 of the Code of Virginia, the County’s Director of Emergency
Management declared the existence of a County-wide emergency, which declaration was publicly announced
by the Chair of the Board of Supervisors, Ms. Leslie Haley, in conjunction with similar announcements by
representatives of Central Virginia area localities.
Under Sec. 44-146.21, the Board needs to confirm and consent to the emergency declaration at its next public
meeting by adopting the attached resolution.
Adoption of the resolution will ensure that the County and its officials have the full authority granted by
Virginia law to respond to the threat posed by COVID-19.
Attachments:
1.Emergency Declaration COVID-19-ER
Preparer:Jeff Mincks, County Attorney
Approved By:
Page 42 of 102
1
A RESOLUTION TO CONFIRM AND CONSENT TO THE DECLARATION OF A
LOCAL EMERGENCY
WHEREAS, the World Health Organization declared on January 30, 2020 the coronavirus
(COVID-19), a communicable disease, to be a “public health emergency of international concern”
and characterized its spread internationally as a pandemic on March 11, 2020; and
WHEREAS, pursuant to the authority granted by § 44-146.21(A) of the Code of Virginia, Joseph
P. Casey, County Administrator, as Director of Emergency Management for the County of
Chesterfield, Virginia, declared the existence of a local emergency at 10:00AM on March 13, 2020
in order to provide preparedness, response, recovery and other activities to protect life, property,
and operations threatened by the effects of COVID-19; and
WHEREAS, COVID-19 may create significant impacts on the County, including reduced public
safety services, healthcare services, and county resources; and
WHEREAS, the County of Chesterfield faces an imminent public health threat posed by and
resulting from COVID-19; and
WHEREAS, the anticipated effects of COVID-19 constitute a disaster as described in § 44-146.16
of the Code of Virginia (Code); and
WHEREAS, in accordance with the local emergency declaration and § 44-146.21 of the Code of
Virginia, the County’s Emergency Operations Plan is activated and all furnishing of aid and
assistance thereunder is authorized, and the County Administrator, as the Director of Emergency
Management, is authorized by this Board to undertake all necessary actions authorized by § 44-
146.21(C) of the Code of Virginia.
NOW, THEREFORE, BE IT RESOLVED by the Chesterfield County Board of Supervisors
this 25th day of March 2020,
1) that the act of the County Administrator, as the Director of Emergency Management, in
declaring a local emergency is hereby consented to and confirmed, as are all actions set
forth above which are taken pursuant to that declaration;
2) that all actions, powers, functions, and duties of the Director of Emergency Management
and the emergency management organization have been and shall be those prescribed by
State law and the ordinances, resolutions, and approved plans of the County of Chesterfield
so as to mitigate the effects of said emergency; and
3) that once all emergency actions pursuant to the declaration of a local emergency have
been taken, as determined by the Director of Emergency Management, the declared
emergency shall be ended without further action of this Board of Supervisors.
_________________________________
Chair
Board of Supervisors of Chesterfield County
Page 43 of 102
2
Page 44 of 102
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Meeting Date: March 25, 2020 Item Number: 7.A.8.
Subject:
Emergency Adoption of an Ordinance 1) to Add Section 9-160 to Chapter 9, Article XI, of the Code of the
County of Chesterfield Relating to Waiver of Penalties and Interest on Unpaid Transient Occupancy Taxes
During a Declared Emergency and 2) to Amend Section 18-29 Relating to the Waiver of Penalties and Interest
on Unpaid Utility Bills During a Declared Emergency
Board Action Requested:
Adopt on an emergency basis the attached ordinance 1) adding Section 9-160 to Chapter 9, Article XI of the
Code of the County of Chesterfield waiving penalties and interest on unpaid transient occupancy taxes during a
declared emergency and 2) amending Section 18-29 relating to the waiver of penalties and interest on unpaid
utility bills during a declared emergency.
Summary of Information:
The Coronavirus (COVID-19) pandemic has severely impacted localities in the Commonwealth. On March 12,
2020, the Governor declared a state of emergency in response to the continued spread of COVID-19. On March
12, 2020, pursuant to Sec. 44-146.21 of the Code of Virginia, the County’s Director of Emergency
Management declared the existence of an emergency County-wide.
The hotel industry has been severely impacted by the COVID-19 pandemic and has requested temporary relief
from penalties and interests during the declared emergency to allow them to financially weather the
emergency. This will not have a significant impact on the County’s finances.
Additionally, many County citizens may be experiencing loss of a job, or decreased hours in their
employment. These citizens may ultimately be forced to use their reduced income to make mortgage or rental
payments and buy food and medical insurance with little left over to make utility payments. The Department
of Utilities has already suspended service disconnection for nonpayment. However, during the current
pandemic, County utility customers may need additional financial help to manage the payment of utility bills.
Staff is proposing that the County suspend the imposition of penalties and interest on unpaid utility bills for the
duration of the declared emergency and 30 days after the end of the declared emergency. During FY20, of the
average $2.4 million collected in payment of utility bills per week, approximately $32,000, or 1.3% of total
average revenue was penalties and interest.
The attached ordinance grants this temporary relief and will expire 30 days after the conclusion of the declared
emergency.
Page 45 of 102
The Board will need to hold a public hearing and readopt this ordinance within 60 days under state law. At that
time, the Board will be able to assess how these waiver programs are functioning and whether changes need to
be made. Also, staff will be analyzing applying similar waivers to the County's other taxation programs.
Attachments:
1.Ordinance - Add Section 9-160 - Transient Occupancy Tax - COVID-19 (1)
Preparer:Jeff Mincks, County Attorney
Approved By:
Page 46 of 102
AN ORDINANCE 1) TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD,
1997, AS AMENDED, BY ADDING SECTION 9-160 TO CHAPTER 9, ARTICLE XI
RELATING TO THE WAIVER OF PENALTIES AND INTEREST ON UNPAID
TRANSIENT OCCUPANCY TAXES AND 2) TO AMEND SECTION 18-29 RELATING
TO THE WAIVER OF PENALTIES AND INTEREST ON UNPAID UTILITY BILLS
DURING A DECLARED EMERGENCY
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
(1) That Section 9-160 of the Code of the County of Chesterfield, 1997, as amended, shall be
added to Chapter 9, Article XI of the County Code to read as follows:
Sec. 9-160. - Waiver of Penalties and Interest on Transient Occupancy Taxes During
Declared Emergency.
During an emergency declared by the Commonwealth of Virginia, or by the County, or both,
and for 30 days after the end of the declared emergency, the penalty and interest provisions of
County Code Section 9-157(a) shall be waived.
(2) That Section 18-29 of the Code of the County of Chesterfield, 1997, as amended, shall be
amended and re-enacted as follows:
Sec. 18-29. - Late payment of bills; penalty and interest charges.
o The county shall apply a delinquent charge of $1.50 or five percent of the unpaid bill, whichever
is greater, to all utility bills that are not paid within 25 days after the date of the bill. Additionally,
interest shall accrue on all bills that are not paid within 25 days of the date of the bill at the rate
of one percent per month. For purposes of this section, a bill is paid when payment is received
by the treasurer. The penalties and interest described in this section shall be waived during an
emergency declared by the Commonwealth of Virginia, or by the County, or both, and for 30 days
after the conclusion of the declared emergency.
(3) That this ordinance shall become effective immediately upon adoption.
0425-116687.1
Page 47 of 102
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Meeting Date: March 25, 2020 Item Number: 7.A.9.
Subject:
Continuity of County Government Ordinance
Board Action Requested:
Adoption of attached ordinance on emergency basis.
Summary of Information:
On March 12, 2020, the Governor of Virginia declared a state of emergency in Virginia in response to the
spread of the novel coronavirus COVID-19 (the “virus”). The Governor’s declaration also acknowledged the
existence of a disaster as defined by Virginia Code § 44-146.16 arising from the public health threat presented
by a communicable disease that is anticipated to spread widely. On March 13, 2020, the President of the United
States declared a national emergency in response to the spread of the virus.
Also, on March 13, 2020, pursuant to Va. Code § 44-146.21, the County’s Director of Emergency Management
declared the existence of a County-wide emergency, which declaration is subject to confirmation and consent
by the Board of Supervisors at this meeting. That action likewise recognizes that the threat of the virus
constitutes the existence of a disaster.
The virus presents an imminent public health threat and has seriously impacted the County, its officials,
employees, and citizens, as well as the provision of public services by County government. To ensure the
continuity of County government, Va. Code § 15.2-1413 provides that, during the time of a declared disaster,
the County may adopt an ordinance that provides a method for continuity of the County government,
notwithstanding other contrary provisions of law, for a time period not exceeding six months, unless extended
by the Board.
The attached ordinance would, among other things, provide the County with flexibility to respond to the
challenges and disruptions caused by the virus, and allow the Board and other Chesterfield County boards,
commissions, committees, and other entities to continue to meet when necessary under modified meeting and
public hearing rules and procedures. The ordinance generally allows the County to function during the disaster
as may be required to protect the health, safety, and general welfare of the County and County staff and citizens
and to ensure the continuity of County government and its operations. Staff recommends adoption of the
attached ordinance on an emergency basis.
Attachments:
Page 48 of 102
1.Ordinance - Continuity of Government
Preparer:Jeff Mincks, County Attorney
Approved By:
Page 49 of 102
116711.1
AN ORDINANCE PROVIDING FOR THE CONTINUITY OF COUNTY GOVERNMENT
DURING TIME OF DECLARED NATIONAL, STATE, AND LOCAL EMERGENCY AND
DISASTER
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
(1) That the following is hereby is enacted:
CONTINUITY OF COUNTY GOVERNMENT
(a)Declaration of policy. Because of the rapid spread of the novel coronavirus,
COVID-19 (the “virus”) in the County, and pursuant to the declarations of national, state and local
emergency and disaster pertaining to the virus, the Board of Supervisors desires to ensure the
continuation of effective, legally constituted governance of the County during this disaster, to
ensure the continuation of essential government functions and responsibilities, and to facilitate the
early resumption of functions temporarily suspended, eliminated, or modified. In accordance with
these declarations, and pursuant to the authority granted to the County by the General Assembly
in Va. Code § 15.2-1413 (providing for continuity of government during a disaster), as well as the
authority granted by Section 3.5 of the County’s Charter to preserve public peace and good order
and to adopt ordinances necessary for the general welfare of the County, the Board enacts this
ordinance.
(b)Provisions. During the duration of this emergency and disaster, but not to exceed
six months from adoption of this ordinance unless the ordinance is readopted by the Board, the
following provisions are in effect.
(i)The County Administrator is authorized to restrict County staff and the
public from entering or congregating around County-owned buildings, facilities, and real
property as necessary to ensure the health, safety, and welfare of the public and staff and
is authorized to regulate the use of such buildings, facilities, and real property for the public
health, safety, and welfare.
(ii) Meetings of the Board of Supervisors, the Planning Commission, and other
Chesterfield County governmental entities of any kind (including, without limitation and
the greatest extent legally permissible, boards, committees, authorities, commissions,
agencies, and other entities) are authorized to be held through electronic communication
means, without a quorum of members physically present in a single location, provided that
notice of such meetings is provided in accordance with applicable laws to the extent
practicable. Such meetings may be held without permitting the public to be physically
present in a central location, or in the same physical location as members of the Board or
other County bodies, so long as alternative arrangements for public access to such meetings
are made. Such alternative public access may include, without limitation, access by
electronic, social media, internet, audio, telephonic, or video broadcast means.
(iii)Public hearings that are usually required by law to be held before the Board,
Planning Commission, or other County entities may be modified to ensure the continuity
Page 50 of 102
116711.1
of government. The County Administrator is authorized to adopt procedures that will allow
participation by the public that is consistent with the need to protect the public health,
safety and welfare with respect to the virus. Such procedures may include, among other
things, solicitation of public comment by written, internet, email, electronic or telephonic
means prior to a vote. All such comments will be provided to Board members and made a
part of the record of such meeting.
(iv)The Board and the County Administrator are each authorized to modify,
limit, or suspend County programs, functions, or services as needed to ensure the effective
continuity of government.
(v)Any policy, rule, or regulation adopted by the Board, the Planning
Commission, or any other County body that is inconsistent with this ordinance, or
inconsistent with any policies or procedures adopted by the Board or the County
Administrator pursuant to this ordinance, is suspended to the extent of the inconsistency
during the duration of this ordinance.
(vi)Consistent with the requirements of the United States and Virginia
Constitutions, the Board of Supervisors and the County Administrator are each authorized
to adopt and implement such policies, rules, and procedures that are deemed reasonably
necessary to ensure the continuity of County government, the provision of County services
to citizens, and the protection of the health, safety, and general welfare of County citizens,
officials, and staff during the time that this ordinance is in effect.
(vii)References to the County Administrator shall include a designee authorized
by the County Administrator.
c. Limited duration. This ordinance shall be in effect until repealed by the Board, or until
six months from the date of adoption, whichever comes first. The ordinance may be readopted if
the Board deems it necessary. Upon repeal or expiration of the ordinance, governmental activity
shall resume as normal and in accordance with customary procedures to the extent, and as soon as,
practicable
(2) That this ordinance shall become effective immediately upon adoption.
Page 51 of 102
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Meeting Date: March 25, 2020 Item Number: 7.A.10.
Subject:
Appointment of Emergency Management Coordinator
Board Action Requested:
The Board is requested to consent to the appointment of Jessica Robison as Coordinator of Emergency
Management for Chesterfield County, effective March 7, 2020.
Summary of Information:
The Emergency Management Coordinator serves as a division head in the Chesterfield Fire and EMS
Department. The responsibilities of the position include the coordination of disaster mitigation, preparation,
response and recovery efforts for the County. Ms. Jessica Robison was serving as the County’s Deputy
Emergency Management Coordinator and, effective March 7, 2020, she was appointed the Interim Coordinator
of Emergency Management as the Coordinator position was vacant.
In accordance with Virginia Code §44-146.19(B)(2), the County Administrator, as Director of Emergency
Management for the County, must formally appoint a Coordinator of Emergency Management who will fulfill
the obligations imposed by Virginia’s Emergency Services and Disaster Law, as well as the corresponding
regulations. The appointment pursuant to Virginia Code §44-146.19(B)(2) requires the consent of the Board of
Supervisors. Accordingly, the Board is requested, pursuant to Virginia Code §44-146.19(B)(2), to consent to
the appointment of Jessica Robison as Emergency Management Coordinator for Chesterfield County.
Attachments:
None
Preparer:Joe Casey, County Administrator
Approved By:
Page 52 of 102
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Meeting Date: March 25, 2020 Item Number: 10.A.
Subject:
Proposed Ordinance Amendments Relating to Department of Utilities Fee Changes
Board Action Requested:
Hold a public hearing on proposed ordinance amendments relating to Department of Utilities fee changes.
Summary of Information:
This date and time has been scheduled to hold a public hearing on proposed Utilities ordinance fee changes.
The Utilities Department's analysis of the FY2021 budget, capital replacement and maintenance projects, and
projections over the next ten years indicate that current revenues, without fee increases, will not be sufficient to
cover operating and capital expenses. As an enterprise fund fully supported by payments from users, fee
increases are necessary to offset costs of capital projects for rehabilitation of pump stations, new and
replacement water tanks, new and replacement water and wastewater lines, investments in older neighborhoods
to replace water and wastewater lines, the County's contractual share of Richmond water plant projects, as well
as maintaining the integrity of the County's water and wastewater facilities. The additional revenues are
required to meet the projected longer term operating and capital costs. This rate setting approach supports a
financial plan to manage current and projected capital expenses and is prudent financial management necessary
to maintain the triple AAA bond rating. The proposed changes in utility rates are displayed below.
Fee: Rate:
Customer cost charges $5.08/month
Water commodity cost charge $2.25/CCF
Water capacity cost charge $7.95/ERU/month
Wastewater commodity cost charge $2.29/CCF
Wastewater capacity cost charge $14.15/ERU/month
A net total increase of $2.7 million in revenues is anticipated from the change in the unit rate of the commodity
charges and the water capacity charge ($2.1 million in commodity charges and $600,000 in the water capacity
charge). The customer and wastewater capacity charges are unchanged from FY2020. A typical residential
combined water and wastewater charge will increase $1.29 per month, from $57.67 to $58.96, based on
consumption of 7 CCFs (one CCF is 100 cubic feet or 748 gallons of water).
Page 53 of 102
Utility Connection Fees - The Department's analysis of costs for expansion projects and projections over the
next ten years reflect the need to adjust the water capital cost recovery charge portion of connection fees to
cover capital costs. For a 5/8" residential size meter, the water capital cost recovery charge is proposed to
increase from $5,725 to $6,000 (generating an additional $500,000 in revenue). The capital cost recovery
charge fees for larger meters will increase proportionately based on meter size. There are no proposed fee
changes for the wastewater capital cost recovery charge portion of connection fees.
Companion Meter Installation Charge - The Department's analysis of the materials, equipment, and
operational costs associated with the installation of a residential companion meter for irrigation usage indicates
an increase is necessary to recover the costs. The companion meter installation charge will increase $25, from
$500 to $525.
The proposed ordinance is attached.
Attachments:
1.Utilities Take Notice Ad
Preparer:Andrea Peeks, Director of Budget and Management
Approved By:
Page 54 of 102
TA KE NOTICE
Ta ke notice that the Board of Supervisors of Chesterfield County,Virginia,at an adjourned meeting on Wednesday,March 25,2020,
at 6 p.m.in the County Public Meeting Room at 10001 Iron Bridge Road,will hold a public hearing to consider:
An ordinance to amend the Code of the County of Chesterfield,1997,as amended,by amending and re-enacting
Sections 18-22 and 18-27 relating to utilities connection fees and utilities user charges.
This ordinance is being proposed pursuant to authority granted to the County by Va.Code §§15.2-2109,15.2-2118,15.2-2119,
15.2-2122,and 15.2-2143.The full text of the ordinance is reproduced below.A copy of the ordinance is also on file in the County
Administrator’s office,Room 504,9901 Lori Road,Chesterfield County,Virginia and may be examined by all interested persons
between the hours of 8:30 a.m.and 5:00 p.m.,Monday through Friday.
The hearing will be open to the public and will be accessible to persons with disabilities.The Board of Supervisors will allow the
public an opportunity to speak.To sign up to speak,or request special accommodations,call the Clerk to the Board of Supervisors
at 804-748-1200.Speakers may also sign up in person at 5:45 p.m.before the public hearing.Persons needing interpreter
services must notify the Clerk to the Board no later than Friday,March 20,2020.
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD,1997,AS AMENDED,BY AMENDING AND RE-
ENACTING SECTIONS 18-22 AND 18-27 RELATING TO UTILITIES CONNECTION FEES AND UTILITIES USER CHARGES
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
(1)That Sections 18-22 and 18-27 of the Code of the County of Chesterfield,1997,as amended,are amended and
re-enacted to read as follows:
Sec.18-22.-Connection fees.
(a)The water connection fee shall be the capital cost recovery charge plus the meter installation charge based on the
size of the water meter that the director installs.The wastewater connection fee shall be the capital cost recovery charge
for the size of the water meter that serves the property,or,if the property does not receive water service,the size of the
water meter that would serve the property if it received water service.The service(s)furnished through these facilities shall
not extend to another property/parcel nor will the service be transferable to another property/parcel.
(b)The capital cost recovery charge shall be:
Customer Class
Meter
Size
(inches)
Number
of ERU’s
per Unit
Capital Cost Recovery Charge
Water Wastewater
(i)
For a dwelling,single-family,including townhouses,
manufactured homes that are not located in a
manufactured home park,and individually metered
multifamily dwelling units
5/8 1.00 $6,000.00 $5,400.00
(ii)For a dwelling,two-family (per unit)5/8 1.00 6,000.00 5,400.00
(iii)
For manufactured homes that are located in a
manufactured home park and for master metered
multiple-family dwellings other than multiple-family
dwellings used exclusively as housing for colleges
and/or universities (per unit)
0.85 5,100.00 4,590.00
(iv)For all other customer classes 5/8 1.00 6,000.00 5,400.00
1 2.50 15,000.00 13,500.00
1½5.00 30,000.00 27,000.00
2 8.00 48,000.00 43,200.00
3 16.00 96,000.00 86,400.00
4 25.00 150,000.00 135,000.00
6 50.00 300,000.00 270,000.00
8 80.00 480,000.00 432,000.00
10 115.00 690,000.00 621,000.00
12 155.00 930,000.00 837,000.00
The capital cost recovery charge for meters that are larger than 12 inches shall be determined by the director
based on the number of ERUs per unit.
(v)The capital cost recovery charge for a dwelling that is served by a meter that is larger than five-eighths (5/8 )inch
shall be the same capital cost recovery charge in subsection (b)(iv).
(c)The meter and water service line installation charge shall be:
(1)For installing water service lines:
Inches Charge
5/8 $1,900.00
1 $2,150.00
1½$4,150.00
2 $4,700.00
(2)For installing meters:
Inches Charge
5/8 $80.00
1 $130.00
1½$320.00
2 $420.00
(3)For installing residential outside use meters using existing service lines:$525.00.
(i)A consumer who has paid a connection fee shall pay the monthly service charge and ancillary charges irrespective
of whether the consumer is actually receiving utility service.
Sec.18-27.-Utility charges.
Effective with bills issued on and after July 1,2020,the consumer shall pay charges for utility service in accordance with the
following schedules:
(a)Monthly service charges.The monthly service charge shall be:
(1)Customer cost charge.A customer cost charge of $2.54 for each service account.However,customers who
have only a water account or a wastewater account shall pay a customer cost charge of $5.08.
(2)Commodity cost charge.
(i)Water:$2.25 per 100 cubic feet (Ccf).
(ii)Wastewater:$2.29 per 100 cubic feet (Ccf).
(3)Capacity cost charge.
Customer Class Meter Size
(inches)
Number of
ERUs per
Unit
Monthly Capacity Charge
Water Wastewater
(i)
Dwelling,single-family,including townhouses and
manufactured homes that are not located in a
manufactured home park
5/8 1.00 $7.95 $14.15
(ii)Dwelling,two-family (per unit)5/8 1.00 7.95 14.15
(iii)
Manufactured homes that are located in a
manufactured home park and multiple-family
dwellings other than multiple-family dwellings used
exclusively as housing for colleges or universities
(per unit)
0.85 6.76 12.03
(iv)All other customer classes 5/8 and ¾1.00 7.95 14.15
1 2.50 19.88 35.38
1½5.00 39.75 70.75
2 8.00 63.60 113.20
3 16.00 127.20 226.40
4 25.00 198.75 353.75
6 50.00 397.50 707.50
8 80.00 636.00 1,132.00
10 115.00 914.25 1,627.25
12 155.00 1,232.25 2,193.25
(v)The capacity cost charge for a dwelling that is served by a meter that is larger than five-eighths inch shall be the
capacity cost charge in subsection (a)(3)(iv).
(d)Where service has been established through the payment of a connection fee,consumers shall
pay the monthly service charge and ancillary charges,irrespective of whether the consumer
is actually receiving utility service.
(2)That this ordinance shall become effective July 1,2020.Page 55 of 102
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Meeting Date: March 25, 2020 Item Number: 10.B.
Subject:
Proposed 2020 Tax Rates
Board Action Requested:
Hold a Public Hearing on the Proposed 2020 Tax Rates Ordinance
Summary of Information:
This date and time has been scheduled to hold a public hearing on tax rates for the tax year 2020. The County
Administrator's Proposed FY2021 Budget holds rates constant with those in tax year 2019.
The real estate tax rate advertised for this public hearing is $0.95. All tax rates were advertised unchanged from
2019. Based on the advertisement, the Board of Supervisors cannot adopt tax rates higher than those
advertised.
Attachments:
1.Ordinance to Establish the Annual Tax Levy on Various Classes - 2020
Preparer:Andrea Peeks, Director of Budget and Management
Approved By:
Page 56 of 102
0623:114106.1 1
AN ORDINANCE TO ESTABLISH THE ANNUAL TAX LEVY
ON VARIOUS CLASSES OF PROPERTY FOR THE
COUNTY OF CHESTERFIELD
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
(1)That for the year beginning on the first day of January, 2020, and ending on the
thirty-first day of December, 2020, the taxes on property in all the Magisterial Districts of
the County of Chesterfield shall be as follows:
Sec. 1. Real Property and Mobile Homes.
(a)Except as provided in Sec. 1 (b), on tracts of land, lots or improvements
thereon and on mobile homes the tax shall be $0.95 on every $100 of assessed value
thereof.
(b)On tracts of land, lots or improvements thereon and on mobile homes in the
Powhite Parkway-Charter Colony Parkway Interchange Service District the tax shall be the
tax provided in Sec. 1 (a) plus $0.15 on every $100 of assessed value thereof.
Sec. 2. Personal Property.
(a)On automobiles, trailers, boats, boat trailers, other motor vehicles and on all
tangible personal property used or held in connection with any mining, manufacturing or
other business, trade, occupation or profession, including furnishings, furniture and
appliances in rental units, the tax shall be $3.60 on every $100 of the assessed value thereof.
(b)On aircraft as defined by Section 58.1-3503 and -3506 of the Code of
Virginia, 1950, as amended, the tax shall be $.50 on every $100 of the assessed value
thereof.
(c)On motor vehicles owned or leased by members of volunteer rescue squads,
volunteer fire departments, volunteer police chaplains and by auxiliary police officers as
provided in Section 9-57, Code of the County of Chesterfield, 1997, as amended, the tax
shall be $.96 on every $100 of the assessed value thereof.
(d)On wild or exotic animals as defined by Section 58.1-3506 of the Code of
Virginia, 1950, as amended, the tax shall be $0.01 on every $100 of the assessed value
thereof.
(e)On motor vehicles which use clean special fuels as defined in Section 46.2-
749.3 of the Code of Virginia, 1950, as amended, the tax shall be $3.24 on every $100 of
the assessed value thereof.
Page 57 of 102
0623:114106.1 2
(f)On motor vehicles, trailers, and semitrailers with a gross vehicle weight of
10,000 pounds or more used to transport property for hire by a motor carrier engaged in
interstate commerce, the tax shall be $.96 on every $100 of the assessed value thereof.
(g)On motor vehicles which are specially equipped to provide transportation
for physically handicapped individuals, the tax shall be $.01 on every $100 of the assessed
value thereof.
(h)On computer equipment and peripherals used in a data center as defined by
Section 58.1-3506(A)(43) of the Code of Virginia, 1950, as amended, the tax shall be $0.24
on every $100 of assessed value thereof.
Sec. 3. Public Service Corporation Property.
(a)On that portion of real estate and tangible personal property of public
service corporations which has been equalized as provided in Section 58.1-2604 of the
Code of Virginia, 1950, as amended, the tax shall be $0.95 on every $100 of the assessed
value thereof determined by the State Corporation Commission.
(b)The foregoing subsections to the contrary notwithstanding, on automobiles
and trucks belonging to such public service corporations the tax shall be $3.60 on every
$100 of assessed value thereof.
Sec. 4. Machinery and Tools.
On machinery and tools used in a manufacturing or mining business the tax shall
be $1.00 on every $100 assessed value thereof.
Page 58 of 102
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Meeting Date: March 25, 2020 Item Number: 10.C.
Subject:
FY2021 Proposed Budget
Board Action Requested:
Hold a Public Hearing on the FY2021 Proposed Budget
Summary of Information:
This date and time has been scheduled to hold a public hearing on the County Administrator's FY2021
Proposed Budget which totals $1,524,158,100.
Attachments:
None
Preparer:Andrea Peeks, Director of Budget and Management
Approved By:
Page 59 of 102
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Meeting Date: March 25, 2020 Item Number: 10.D.
Subject:
FY2021-2025 Proposed Capital Improvement Program
Board Action Requested:
Hold a Public Hearing to Consider the FY2021-2025 Proposed Capital Improvement Program.
Summary of Information:
This date and time has been scheduled to hold a public hearing on the County Administrator's Proposed five-
year Capital Improvement Program for FY2021-2025, which totals $989,597,200 for County, Roads, Schools,
and Utility projects as follows:
General County Projects $256,224,500
Roads 96,466,600
School Projects 371,921,100
Utility Projects 264,985,000
Total $989,597,200
Attachments:
None
Preparer:Andrea Peeks, Director of Budget and Management
Approved By:
Page 60 of 102
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Meeting Date: March 25, 2020 Item Number: 10.E.
Subject:
FY2021 Proposed Community Development Block Grant and the HOME Investment Partnership Annual Plan
Board Action Requested:
Hold a Public Hearing on the FY2021 Proposed Community Development Block Grant and the HOME
Investment Partnership Annual Plan
Summary of Information:
This date and time has been scheduled to hold a public hearing on the FY2021 Proposed Community
Development Block Grant and the HOME Investment Partnership Annual Plan. The FY2021 recommendation
for this program totals $2,067,500, which is comprised of $1,464,100 in new CDBG allotments and $603,400
in new HOME Investment Partnership allotments. These allocations are based upon the final award notification
from HUD of an approved grant amount for FY2021.
The County's Community Development Block Grant and HOME Investment Partnership Annual Plan for
FY2021 is required to be submitted to the U.S. Department of Housing and Urban Development by May 15,
2020. The submission must follow a required public hearing by the Board of Supervisors.
Attachments:
None
Preparer:Andrea Peeks, Director of Budget and Management
Approved By:
Page 61 of 102
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Meeting Date: March 25, 2020 Item Number: 10.F.
Subject:
Proposed Amendment to Section 9.25 of the Code of the County of Chesterfield related to the Tax Relief
Program
Board Action Requested:
Hold a Public Hearing on the Proposed Amendment to Section 9.25 of the Code of the County of Chesterfield
related to the Tax Relief Program
Summary of Information:
This date and time has been scheduled to hold a public hearing on the proposed amendment to Section 9.25 of
the Code of the County of Chesterfield related to the Tax Relief Program.
In accordance with VA Code Section 58.1- 3210 Chesterfield County has exercised the option to provide real
estate tax relief to seniors aged 65 and over and citizens who are deemed permanently and totally disabled as
defined by VA Code Section 58.1-3217. The real estate tax relief program is administered by the
Commissioner of the Revenue. The Board of Supervisors has the authority to set eligibility requirements for
income and assets to quality for tax relief. These are set out in County Code Sections 9-24 to 9-27. The
proposed amendment to the Tax Relief Program changes the income level at which citizens receive 100% tax
relief from $27,200, to $28,000, retroactively effective January 1, 2020. The intent of this change is to restore
full relief to those citizens whose tax relief reduced from 100% to 60%, due to a 1.6% Social Security increase
effective December 2019. The chart listed below illustrates the current tax relief levels compared to the
proposed tax relief levels.
Current Income Level Proposed Income
Level
Tax Relief %
Up to $27,200 Up to $28,000 100%
$27,201-$39,000 $28,001-$39,000 60%
$39,001-$52,000 $39,001-$52,000 35%
Attachments:
1.Ordinance Amendment to 9-25 Tax Relief
Page 62 of 102
Preparer:Andrea Peeks, Director of Budget and Management
Approved By:
Page 63 of 102
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 9-25 RELATING TO REAL ESTATE TAX EXEMPTION
FOR THE ELDERLY AND DISABLED
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
(1)That Section 9-25 of the Code of the County of Chesterfield, 1997, as amended, is amended
and re-enacted to read as follows:
Sec. 9-25 - Schedule of exemptions permitted.
The amount of exemption from real estate taxation under this section shall be determined in
accordance with the following schedule:
Income Categories Percentage of Exemption
(i) $0.00 through $27,200.00 28,000 100
(ii) $27,201.00 28,001 through $39,000.00 60
(iii) $39,001.00 through $52,000.00 35
(2)That this ordinance shall be effective as of January 1, 2020.
0637:116666.1
Page 64 of 102
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Meeting Date: March 25, 2020 Item Number: 10.G.
Subject:
Proposed Issuance of General Obligation School Bonds and Adopt a Resolution Authorizing the Issuance of
Virginia Public School Authority (VPSA) School Financing Bonds for Crestwood and Magnolia Green Area
Board Action Requested:
Hold a public hearing on the proposed issuance of up to $40,750,000 maximum principal of general obligation
school bonds of the County. Following the public hearing, adopt a resolution granting authorization for the
issuance and delivery of Virginia Public School Authority (VPSA) School Financing Bonds not to exceed
$40,750,000 for Crestwood and Magnolia Green Elementary Schools.
Summary of Information:
Crestwood Elementary School was a 2013 Referendum project which was included in the adoption of the
FY2018 and FY2019 Capital Improvement Plan (CIP), totaling $34,628,300. This project was one of five
elementary schools which were deemed to be more fiscally responsible to replace, rather than renovate. As
adopted in the FY2020 CIP, this project employs the remaining balance of general obligation authority
($7,082,200), leaving a gap of approximately $5.7 million to be filled in - as planned - by VPSA.
The Magnolia Green Elementary School project, which was approved as part of the FY2020 CIP, is estimated
to cost approximately $34.6 million. This project was not included as part of the 2013 Referendum and is
needed prior to the timeline associated with a possible 2020 Referendum.
The Chesterfield County School Board adopted a resolution authorizing the issuance on February 25, 2020.
Bonds, not to exceed $40,750,000, will be issued by VPSA in the Spring of 2020, with proceeds to be used to
finance various capital improvements, including but not limited to the design, acquisition, installation,
construction and equipping of Crestwood Elementary School and Magnolia Green Elementary School.
Attachments:
1.Chesterfield - 2020 VPSA - Bond Resolution_79460070_3
2.Chesterfield - 2020 VPSA - Bond Sale Agreement_79462170_2
3.VPSA Spring 2020 - Standard Terms and Conditions - Appendix A to BSA - Final
4.VPSA Spring 2020 - Appendix D Form of Local Continuing Disclosure Agreement - Final
5.Schools VPSA Bond resolution
Page 65 of 102
Preparer:Andrea Peeks, Director of Budget and Management
Approved By:
Page 66 of 102
RESOLUTION AUTHORIZING THE ISSUANCE OF A SERIES OF
GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF
CHESTERFIELD, VIRGINIA, IN A PRINCIPAL AMOUNT NOT TO
EXCEED $40,750,000 TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL
AUTHORITY, AND PROVIDING FOR THE FORM AND DETAILS
THEREOF
WHEREAS, the Chesterfield County School Board (the “School Board”) has, by
resolution adopted on February 25, 2020, requested the Board of Supervisors (the “County Board”)
of the County of Chesterfield, Virginia (the “County”), to authorize the issuance of general
obligation school bonds and consented to the issuance of such bonds;
WHEREAS, the County Board held a public hearing, duly noticed, on March 25, 2020,
on the issuance of its general obligation school bonds in the estimated maximum principal amount
of $40,750,000 in accordance with the requirements of Section 15.2-2606 of the Code of Virginia
of 1950, as amended (the “Virginia Code”);
WHEREAS, the County Board has determined that it is necessary and expedient to issue
a series of general obligation school bonds in an aggregate principal amount not to exceed
$40,750,000 (as further described herein, the “Local Bond”) and use the proceeds thereof to
finance various capital improvements for the County’s public schools, including but not limited to
the design, acquisition, installation, construction and equipping of Crestwood Elementary School
and Magnolia Green Elementary School (collectively, the “Project”);
WHEREAS, the Virginia Public School Authority (“VPSA”) has offered to purchase the
Local Bond with a portion of the proceeds of certain bonds to be issued by VPSA in the spring of
2020 (the “VPSA Bonds”), in accordance with the terms of a Bond Sale Agreement (the “Bond
Sale Agreement”), between VPSA and the County, the form of which has been presented to this
meeting of the County Board;
WHEREAS, the Bond Sale Agreement shall indicate that $38,338,000 is the amount of
proceeds requested (the “Proceeds Requested”) from VPSA in connection with the sale of the
Local Bond;
WHEREAS, VPSA’s objective is to pay the County a purchase price for the Local Bond
that, in VPSA’s judgment, reflects the market value of the Local Bond (the “VPSA Purchase Price
Objective”), taking into consideration such factors as the amortization schedule the County has
requested for the Local Bond relative to the amortization schedules requested by other localities,
the purchase price to be received by VPSA for the VPSA Bonds and other market conditions
relating to the sale of the VPSA Bonds; and
WHEREAS, such factors may result in the Local Bond having a purchase price other than
par and consequently (i) the County may have to issue the Local Bond in a principal amount that
is greater than or less than the Proceeds Requested in order to receive an amount of proceeds that
is substantially equal to the Proceeds Requested or (ii) if the maximum authorized principal
amount of the Local Bond set forth in Section 1 below does not exceed the Proceeds Requested by
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at least the amount of any discount, the purchase price to be paid to the County, given the VPSA
Purchase Price Objective and market conditions, will be less than the Proceeds Requested;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF
THE COUNTY OF CHESTERFIELD, VIRGINIA:
1.Authorization of Local Bond and Use of Proceeds. The County Board hereby
determines that it is advisable and in the best interests of the County and its citizens to contract a
debt and issue and sell a general obligation school bond in a principal amount not to exceed
$40,750,000 (the “Local Bond”) for the purpose of financing the Project. The County Board
hereby authorizes the issuance and sale of the Local Bond in the form and upon the terms
established pursuant to this Resolution.
2.Sale of Local Bond. It is determined to be in the best interests of the County to
accept the offer of VPSA to purchase from the County, and to sell to VPSA, the Local Bond at a
price determined by VPSA to be fair and accepted by the Chairman or Vice Chairman of the
County Board or the County Administrator, any of whom may act, that is substantially equal to
the Proceeds Requested; except that the Local Bond may not be sold for a purchase price lower
than 95% of the Proceeds Requested. The Chairman or Vice Chairman of the County Board, the
County Administrator and such officer or officers of the County as any of them may designate,
any of whom may act, are hereby authorized and directed to enter into the Bond Sale Agreement
with VPSA, providing for the sale of the Local Bond to VPSA. The Bond Sale Agreement shall
be in substantially the form submitted to the County Board at this meeting, which form is hereby
approved, with such completions, omissions, insertions and changes not inconsistent with this
Resolution as may be approved by the officer executing the Bond Sale Agreement, his or her
execution to constitute conclusive evidence of the approval of any such completions, omissions,
insertions and changes.
3.Details of Local Bond. The Local Bond shall (a) be issued in fully registered form,
dated 16 days prior to the date of its issuance and delivery or such other date designated by VPSA,
(b) be designated “General Obligation School Bond, Series 2020” or such other designation as the
County Administrator shall determine, (c) bear interest from its dated date payable semi-annually
on each January 15 and July 15, beginning January 15, 2021 (each an “Interest Payment Date”),
at the rates established in accordance with Section 4 of this Resolution, and (d) mature in
installments on July 15 in the years (each a “Principal Payment Date”) and in the amounts to be
approved by the County Administrator and attached to the form of the Local Bond attached hereto
as Exhibit A (the “Principal Installments”), subject to the provisions of Section 4 of this
Resolution.
4.Interest Rates and Principal Installments. The County Administrator is hereby
authorized and directed to accept the interest rates on the Local Bond established by VPSA,
provided that each interest rate shall be five one-hundredths of one percent (0.05%) over the
interest rate to be paid by VPSA for the corresponding principal payment date of the VPSA Bonds,
a portion of the proceeds of which will be used to purchase the Local Bond, and provided further
that the true interest cost of the Local Bond does not exceed five and fifty one-hundredths percent
(5.50%) per annum. The Interest Payment Dates and the Principal Installments are subject to
change at the request of VPSA. The County Administrator is hereby authorized and directed to
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accept changes in the Interest Payment Dates and the Principal Installments at the request of VPSA
based on the final term to maturity of the VPSA Bonds, requirements imposed on VPSA by the
nationally-recognized rating agencies and the final principal amount of the Local Bond; provided
that the principal amount of the Local Bond shall not exceed the maximum amount authorized by
this Resolution and provided further that the final maturity of the Local Bond occurs no later than
December 31, 2041. The execution and delivery of the Local Bond as described in Section 8
hereof shall conclusively evidence the approval and acceptance of all of such terms of the Local
Bond by the County Administrator as authorized by this Resolution.
5.Form of the Local Bond. The Local Bond shall be initially in the form of a single,
temporary typewritten bond substantially in the form attached hereto as Exhibit A.
6.Payment; Paying Agent and Bond Registrar. The following provisions shall
apply to the Local Bond:
(a)For as long as VPSA is the registered owner of the Local Bond, all payments
of principal, premium, if any, and interest on the Local Bond shall be made in immediately
available funds to VPSA at or before 11:00 a.m. on the applicable Interest Payment Date,
Principal Payment Date or date fixed for prepayment or redemption, or if such date is not
a business day for banks in the Commonwealth of Virginia or for the Commonwealth of
Virginia, then at or before 11:00 a.m. on the business day next succeeding such Interest
Payment Date, Principal Payment Date or date fixed for prepayment or redemption.
(b)All overdue payments of principal and, to the extent permitted by law,
interest shall bear interest at the applicable interest rate or rates on the Local Bond.
(c)U.S. Bank National Association is designated as bond registrar and paying
agent for the Local Bond (the “Bond Registrar”). The County may, in its sole discretion,
replace at any time the Bond Registrar with another qualified bank or trust company as
successor Bond Registrar. The County shall give prompt written notice to VPSA of the
appointment of any successor Bond Registrar.
7.Prepayment or Redemption. Unless otherwise directed by VPSA, the Principal
Installments of the Local Bond held by VPSA coming due on or before July 15, 2030, and the
definitive bond(s) for which the Local Bond held by VPSA may be exchanged that mature on or
before July 15, 2030, are not subject to prepayment or redemption prior to their stated maturities.
The Principal Installments of the Local Bond held by VPSA coming due on or after July 15, 2031,
and the definitive bond(s) for which the Local Bond held by VPSA may be exchanged that mature
on or after July 15, 2031, are subject to prepayment or redemption at the option of the County prior
to their stated maturities in whole or in part, on any date on or after July 15, 2030, upon payment
of the prepayment or redemption prices (expressed as percentages of Principal Installments to be
prepaid or the principal amount of the Local Bond to be redeemed) set forth below plus accrued
interest to the date set for prepayment or redemption:
Dates Prices
July 15, 2030, through July 14, 2031 101%
July 15, 2031, through July 14, 2032 100½
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July 15, 2032, and thereafter 100
provided, however, that the Principal Installments of the Local Bond shall not be subject to
prepayment or redemption prior to their stated maturities as described above without first obtaining
the written consent of VPSA or any other registered owner of the Local Bond. Notice of any such
prepayment or redemption shall be given by the Bond Registrar to VPSA or any other registered
owner by registered mail not more than ninety (90) days and not less than sixty (60) days before
the date fixed for prepayment or redemption.
If VPSA refunds the VPSA Bonds in the future and such refunding causes the Local Bond
to be deemed refunded, the prepayment or redemption of the Local Bond by the County will be
subject to VPSA approval and subject to similar prepayment or redemption provisions as set forth
above that correspond to the call period of the VPSA bonds issued in part to refund the Local
Bond.
8.Execution of the Local Bond. The Chairman or Vice Chairman of the County
Board, either of whom may act, and the Clerk or any Deputy or Assistant Clerk of the County
Board, any of whom may act, are hereby authorized and directed to execute and deliver the Local
Bond and to affix the seal of the County thereto.
9.Pledge of Full Faith and Credit. For the prompt payment of the principal of and
premium, if any, and interest on the Local Bond as the same shall become due, the full faith and
credit of the County are hereby irrevocably pledged, and in each year while any portion of the
Local Bond shall be outstanding there shall be levied and collected in accordance with law, at the
same time and in the same manner as other taxes of the County are assessed, levied and collected,
an annual ad valorem tax upon all taxable property within the County, over and above all other
taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay
when due the principal of and premium, if any, and interest on the Local Bond as such principal,
premium, if any, and interest shall become due to the extent other funds of the County are not
lawfully available and appropriated for such purpose.
10.Use of Proceeds Certificate and Tax Compliance Agreement. The Chairman
and Vice Chairman of the County Board, the County Administrator and such other officer or
officers of the County as either may designate, any of whom may act, are hereby authorized and
directed to execute and deliver a Use of Proceeds Certificate and Tax Compliance Agreement (the
“Tax Compliance Agreement”) setting forth the expected use and investment of the proceeds of
the Local Bond and containing such covenants as may be necessary in order to show compliance
with the provisions of the Internal Revenue Code of 1986, as amended (the “Tax Code”), and
applicable regulations relating to the exclusion from gross income of interest on the VPSA Bonds.
The County Board covenants on behalf of the County that (a) the proceeds from the issuance and
sale of the Local Bond will be invested and expended as set forth in the Tax Compliance
Agreement and that the County shall comply with the other covenants and representations
contained therein and (b) the County shall comply with the provisions of the Tax Code so that
interest on the VPSA Bonds will remain excludable from gross income for federal income tax
purposes.
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11.SNAP Investment Authorization; Proceeds Agreement. The County Board has
heretofore received and reviewed the Information Statement describing the State Non-Arbitrage
Program of the Commonwealth of Virginia (“SNAP”) and the Contract Creating the State Non-
Arbitrage Program Pool (the “Contract”), and the County Board has determined to authorize the
County Treasurer to use SNAP in connection with the investment of the proceeds of the Local
Bond if the County Administrator, in consultation with the County Treasurer, determines that the
utilization of SNAP is in the best interests of the County. The County Board acknowledges the
Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the
County in connection with SNAP, except as otherwise provided in the Contract. The County
Administrator and such officer or officers of the County as he may designate, any of whom may
act, are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect
to the deposit and investment of proceeds of the Local Bond by and among the County, the other
participants in the sale of the VPSA Bonds, VPSA, the investment manager and the depository, in
such form as may be approved by the officer executing such Proceeds Agreement, such execution
to constitute conclusive evidence of such officer’s approval of any such completions, omissions,
insertions and changes.
12.Continuing Disclosure Agreement. The Chairman and Vice Chairman of the
County Board, the County Administrator and such other officer or officers of the County as any
of them may designate, any of whom may act, are hereby authorized and directed to execute a
Continuing Disclosure Agreement, substantially in the form attached as Appendix D to the Bond
Sale Agreement, setting forth the reports and notices to be filed by the County and containing such
covenants as may be necessary in order to show compliance with the provisions of Rule 15c2-12
promulgated by the Securities and Exchange Commission under the Securities Exchange Act of
1934, as amended, and are hereby directed to make all filings required by Section 4 of the Bond
Sale Agreement should the County be determined by VPSA to be a “material obligated person”
for purposes of the VPSA Bonds.
13.Refunding. The County Board hereby acknowledges that VPSA may issue
refunding bonds to refund any bonds previously issued by VPSA, including the VPSA Bonds
issued to purchase the Local Bond, and that the purpose of such refunding bonds would be to
enable VPSA to pass on annual debt service savings to the local issuers, including the County.
The Chairman or Vice Chairman of the County Board, the County Administrator and such officer
or officers of the County as any of them may designate, any of whom may act, are hereby
authorized to execute and deliver to VPSA, from time to time, such allonges to the Local Bond,
revised debt service schedules, IRS Forms 8038-G or such other documents reasonably deemed
by VPSA and VPSA’s bond counsel to be necessary to reflect and facilitate the refunding of the
Local Bond and the allocation of annual debt service savings to the County by VPSA. The Clerk
and any Deputy or Assistant Clerk of the County Board, any of whom may act, are hereby
authorized to execute and deliver such documents and to affix the seal of the County thereto.
14.Filing of Resolution. The appropriate officers or agents of the County are hereby
authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit
Court of the County.
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15.Election to Proceed under Public Finance Act. In accordance with Section 15.2-
2601 of the Virginia Code, the County Board elects to issue the Local Bond pursuant to the
provisions of the Public Finance Act of 1991, Chapter 26, Title 15.2 of the Virginia Code.
16.Further Actions. The members of the County Board and all officers, employees
and agents of the County are hereby authorized to take such actions as they or any one of them
may consider necessary or desirable in connection with the issuance and sale of the Local Bond,
and any such actions previously taken are hereby ratified and confirmed.
17.Effective Date. This Resolution shall take effect immediately.
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A-1
EXHIBIT A
(FORM OF TEMPORARY BOND)
NO. TR-1 $____________
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
COUNTY OF CHESTERFIELD
General Obligation School Bond
Series 2020
Dated Date: April___ [16 days prior to issuance], 2020
Issue Date: May ___, 2020
COUNTY OF CHESTERFIELD, VIRGINIA (the “County”), for value received, hereby
acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL
AUTHORITY (“VPSA”) the principal amount of __________________ ($____________), in
annual installments in the amounts set forth on Schedule I attached hereto payable on [July 15,
20__], and annually on each July 15 thereafter to and including [July 15, 20__] (each a “Principal
Payment Date”), together with interest from the dated date of this Bond on the unpaid installments,
payable semi-annually on each January 15 and July 15, beginning January 15, 2021 (each an
“Interest Payment Date” and, together with any Principal Payment Date, a “Payment Date”), at the
rates per annum set forth on Schedule I attached hereto, subject to prepayment or redemption as
hereinafter provided. Principal of and premium, if any, and interest on this Bond are payable in
lawful money of the United States of America.
For as long as VPSA is the registered owner of this Bond, U.S. Bank National Association,
or any successor appointed by the County, as bond registrar and paying agent (the “Bond
Registrar”), shall make all payments of principal of and premium, if any, and interest on this Bond,
without the presentation or surrender hereof, to VPSA, in immediately available funds at or before
11:00 a.m. on the applicable Payment Date or date fixed for prepayment or redemption. If a
Payment Date or date fixed for prepayment or redemption is not a business day for banks in the
Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal
of or premium, if any, or interest on this Bond shall be made in immediately available funds at or
before 11:00 a.m. on the business day next succeeding the scheduled Payment Date or date fixed
for prepayment or redemption. Upon receipt by the registered owner of this Bond of said payments
of principal, premium, if any, and interest, written acknowledgment of the receipt thereof shall be
given promptly to the Bond Registrar, and the County shall be fully discharged of its obligation
on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be
surrendered to the Bond Registrar for cancellation.
The full faith and credit of the County are irrevocably pledged to the payment of the
principal of and premium, if any, and interest on this Bond. The resolution adopted by the County
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A-2
Board of Supervisors authorizing the issuance of this Bond provides, and Section 15.2-2624 of the
Code of Virginia of 1950, as amended (the “Virginia Code”), requires, that there shall be levied
and collected, at the same time and in the same manner as other taxes of the County are assessed,
levied and collected, an annual ad valorem tax upon all taxable property within the County, over
and above all other taxes, authorized or limited by law and without limitation as to rate or amount,
sufficient to pay when due the principal of and premium, if any, and interest on this Bond as such
principal, premium, if any, and interest shall become due to the extent other funds of the County
are not lawfully available and appropriated for such purpose.
This Bond is duly authorized and issued in compliance with and pursuant to the
Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991,
Chapter 26, Title 15.2 of the Virginia Code, and resolutions duly adopted by the County Board of
Supervisors and the County School Board to provide funds to finance various capital
improvements for the County’s public schools, including but not limited to the design, acquisition,
installation, construction and equipping of Crestwood Elementary School and Magnolia Green
Elementary School.
This Bond may be exchanged without cost, on twenty (20) days written notice from VPSA,
at the office of the Bond Registrar on one or more occasions for one or more temporary bonds or
definitive bonds in marketable form and, in any case, in fully registered form, in denominations of
$5,000 and whole multiples thereof, and having an equal aggregate principal amount, having
principal installments or maturities and bearing interest at rates corresponding to the maturities of
and the interest rates on the installments of principal of this Bond then unpaid. This Bond is
registered in the name of VPSA on the books of the County kept by the Bond Registrar, and the
transfer of this Bond may be effected by the registered owner of this Bond only upon due execution
of an assignment by such registered owner. Upon receipt of such assignment and the surrender of
this Bond, the Bond Registrar shall exchange this Bond for definitive bonds as provided above,
such definitive bonds to be registered on such registration books in the name of the assignee or
assignees named in such assignment.
The principal installments of this Bond coming due on or before July 15, 2030, and the
definitive bond(s) for which this Bond may be exchanged that mature on or before July 15, 2030,
are not subject to prepayment or redemption prior to their stated maturities. The principal
installments of this Bond coming due on or after July 15, 2031, and the definitive bond(s) for
which this Bond may be exchanged that mature on or after July 15, 2031, are subject to prepayment
or redemption at the option of the County prior to their stated maturities in whole or in part, on
any date on or after July 15, 2030, upon payment of the prepayment or redemption prices
(expressed as percentages of principal installments to be prepaid or the principal amount of this
Bond to be redeemed) set forth below plus accrued interest to the date set for prepayment or
redemption:
Dates Prices
July 15, 2030, through July 14, 2031 101%
July 15, 2031, through July 14, 2032 100½
July 15, 2032, and thereafter 100
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provided, however, that the principal installments of this Bond shall not be subject to prepayment
or redemption prior to their stated maturities as described above without the prior written consent
of the registered owner of this Bond. Notice of any such prepayment or redemption shall be given
by the Bond Registrar to the registered owner by registered mail not more than ninety (90) days
and not less than sixty (60) days before the date fixed for prepayment or redemption.
If VPSA refunds its bonds issued in part to purchase this Bond in the future and such
refunding causes this Bond to be deemed refunded, the prepayment or redemption of this Bond by
the County will be subject to VPSA approval and subject to similar prepayment or redemption
provisions as set forth above that correspond to the call period of the VPSA bonds issued in part
to refund this Bond.
All acts, conditions and things required by the Constitution and laws of the Commonwealth
of Virginia to happen, exist or be performed precedent to and in connection with the issuance of
this Bond have happened, exist and have been performed in due time, form and manner as so
required, and this Bond, together with all other indebtedness of the County, is within every debt
and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia.
IN WITNESS WHEREOF, the Board of Supervisors of the County of Chesterfield,
Virginia, has caused this Bond to be issued in the name of the County of Chesterfield, Virginia, to
be signed by its [Chairman or Vice Chairman], its seal to be affixed hereto and attested by the
signature of its [Clerk of the Board of Supervisors or any of its [Deputy or Assistant] Clerks of the
Board of Supervisors], and this Bond to be dated the date first written above.
COUNTY OF CHESTERFIELD, VIRGINIA
(SEAL)
ATTEST:
_____________________________________________________________________
[Clerk], Board of Supervisors, [Chairman], Board of Supervisors,
County of Chesterfield, Virginia County of Chesterfield, Virginia
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ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
(PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF
ASSIGNEE)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF ASSIGNEE: ____________________________
the within Bond and irrevocably constitutes and appoints
__________________________________________________ attorney to exchange said Bond for
definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive
bonds on the books kept for registration thereof, with full power of substitution in the premises.
Date:
Signature Guaranteed:
(NOTICE: Signature(s) must be guaranteed
by an “eligible guarantor institution” meeting
the requirements of the Bond Registrar which
requirements will include Membership or
participation in STAMP or such other
“signature guarantee program” as may be
determined by the Bond Registrar in addition
to, or in substitution for, STAMP, all in
accordance with the Securities Exchange Act
of 1934, as amended.
(Signature of Registered Owner)
NOTICE: The signature above must
correspond with the name of the Registered
Owner as it appears on the front of this
Bond in every particular, without alteration
or change.)
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SCHEDULE I
[ATTACH DEBT SERVICE SCHEDULE]
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80962367.2
VIRGINIA PUBLIC SCHOOL AUTHORITY
BOND SALE AGREEMENT
Name of County, City or Town (the "Locality"): County of Chesterfield, Virginia
VPSA Sale Date: Expected to be on or about April 21, 2020
Closing Date: Expected to be on or about May 12, 2020
Proceeds Requested: $[38,338,000]
Maximum Authorized Par Amount: $40,750,000
Amortization Period:
Please specify your preferred amortization
schedule (check one preference):
Level Debt Service
Level Principal
Other (attach proposed amortization
structure)
Number of Years of Principal Amortization:
20 years, beginning (Check requested date):
July 15, 2021
July 15, 2022
Other
******************************************************************************
1.Virginia Public School Authority ("VPSA") hereby offers to purchase, solely from the
proceeds of VPSA's 2020 Spring Pool Bonds (the "VPSA Bonds"), your general obligation
school bond ("local school bond") at a price, determined by VPSA to be within the
parameters set forth in your local resolution (as defined below) that, subject to VPSA's
purchase price objective and market conditions described below, is substantially equal to
your Proceeds Requested set forth above (as authorized by your local resolution). The sale
date of the VPSA Bonds is tentatively scheduled for the week of April 20, 2020, but may
occur, subject to market conditions, at any time between April 7, 2020, and June 30, 2020
(the "VPSA Sale Date"). You acknowledge that VPSA has advised you that its objective
is to pay you a purchase price for your local school bond which in VPSA's judgment
reflects its market value ("purchase price objective") taking into consideration such factors
as the amortization schedule you have requested for your local school bond (as set forth
above) relative to the amortization schedules requested by the other localities for their
respective bonds, the purchase price received by VPSA for the VPSA Bonds and other
market conditions relating to the sale of the VPSA Bonds. You further acknowledge that
VPSA has advised you that such factors may result in your local school bond having a
value other than par and that in order to receive an amount of proceeds that is substantially
equal to your Proceeds Requested, you may need to issue your local school bond with a
par amount that is greater or less than your Proceeds Requested. You, at the request of
VPSA, agree to issue your local school bond in a par amount not in excess of the Maximum
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Authorized Par Amount to provide, to the fullest extent practicable given VPSA's purchase
price objective, a purchase price for your local school bond and a proceeds amount that is
substantially equal to your Proceeds Requested. You acknowledge that the purchase price
for your local school bond will be less than the Proceeds Requested should the Maximum
Authorized Par Amount be insufficient, based upon VPSA's purchase price objective, to
generate an amount of proceeds substantially equal to your Proceeds Requested.
2.You represent that on or before April 2, 2020, your local governing body will have duly
authorized the issuance of your local school bond by adopting a resolution in substantially the
form attached hereto as Appendix B (the "local resolution") and that your local school bond
will be in the form set forth in the local resolution. Any changes that you or your counsel
wish to make to the form of the local resolution and/or your local school bond must be
approved by VPSA prior to adoption of the local resolution by your local governing body.
You represent that a certified copy of the local resolution was filed with the Circuit Court of
the County of Chesterfield, Virginia, on [______ __, 2020].
3.You represent that the information provided in your VPSA financing application under the
Section entitled "Tax Matters," together with all attachments to such responses and
supplemental and/or amendatory letters and information, is true, accurate and complete on
the date hereof and there are no facts or circumstances that would cause such information
to be materially inaccurate or incomplete.
4.You hereby covenant that you will comply with and carry out all of the provisions of the
Continuing Disclosure Agreement in the form attached hereto as Appendix D, which
agreement is hereby incorporated by reference herein and expressly made a part hereof for all
purposes. VPSA has defined a Material Obligated Person ("MOP") for purposes of the
Continuing Disclosure Agreement as any Local Issuer (as defined in the Continuing
Disclosure Agreement) the principal amount of whose local school bond(s) pledged under
VPSA's 1997 Resolution (as defined in the Continuing Disclosure Agreement) comprises
more than 10% of the total principal amount of all bonds of VPSA outstanding under the 1997
Resolution. MOP status with respect to the VPSA Bonds will be determined by comparing
the principal amount of your local school bond(s) to the principal amount of the bonds
outstanding under the 1997 Resolution. MOP status for future VPSA bonds issued under the
1997 Resolution will be determined by adding the principal amount of your local school
bond(s) to be sold to VPSA and the principal amount of your outstanding local school bond(s)
previously sold to VPSA and pledged under VPSA's 1997 Resolution and measuring the total
against 10% of the face value of all bonds of VPSA outstanding as of a bond closing date
under VPSA's 1997 Resolution. If you are or may be a MOP with respect to the VPSA Bonds,
VPSA will require that you file all the information described in the following paragraph prior
to VPSA's distribution of its Preliminary Official Statement, currently scheduled for the week
of April 13, 2020.
You acknowledge that if you are, or in the sole judgment of VPSA may be, a MOP
following the issuance of your local school bond that is the subject of this Bond Sale
Agreement, VPSA will include by specific reference in its Preliminary Official Statements
and final Official Statements (for this sale and, if you remain a MOP or become a MOP
again after ceasing to be a MOP, for all applicable future sales) the information respecting
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you ("Your Information") that is on file with the Municipal Securities Rulemaking Board
(the "MSRB") through its Electronic Municipal Market Access System. Accordingly, if
VPSA has determined that you are at any time a MOP (I) following the delivery of your
local school bond to VPSA in connection with this sale, or (II) during the course of any
future sale, whether or not you are a participant in such sale, you hereby represent and
covenant to VPSA that you will file such additional information, if any, as is required so
that Your Information, as of each of (I)(A) the date of VPSA's applicable Preliminary
Official Statement (in the case of this sale, expected to be April 13, 2020), (B) the date of
VPSA's applicable final Official Statement (in the case of this sale, expected to be April
21, 2020) and (C) the date of delivery of VPSA's Bonds (in the case of this sale, expected
to be May 12, 2020) and (II) such other dates associated with future sales as VPSA may
specify to you, will be true and correct and will not contain any untrue statement of a
material fact or omit to state a material fact which should be included in Your Information
for the purpose for which it is included by specific reference in VPSA's Official Statement
or which is necessary to make the statements contained in such information, in light of the
circumstances under which they were made, not misleading. You further agree to furnish
to VPSA a copy of all filings related to your local school bond(s) you make with the MSRB
subsequent to the date of this Bond Sale Agreement. Such copy will be furnished to VPSA
on or before the day that any such filing is made.
VPSA will advise you in writing within 60 days after the end of each fiscal year if you were
a MOP as of the end of such fiscal year. Upon written request, VPSA will also advise you of
your status as a MOP as of any other date. You hereby covenant that you will provide the
certificate described in clause (a)(v) of Section 5 below if VPSA includes Your Information
by specific reference in its disclosure documents in connection with this sale or any future
sale, whether or not you are a participant in such sale.
5.VPSA's commitment to purchase your local school bond is contingent upon satisfaction of
the following conditions.
(a)VPSA's receipt on the Closing Date of
(i)your local school bond which shall include and otherwise meet the
Standard Terms and Conditions contained in Appendix A hereto;
(ii)certified copies of the local resolution (see Appendix B attached
hereto) and the school board resolution (see Appendix C attached hereto);
(iii)an executed agreement, among VPSA, you and the other, if
applicable, local units simultaneously selling their bonds to VPSA, the depository
and the investment manager for the State Non-Arbitrage Program® ("SNAP®"),
providing for the custody, investment and disbursement of the proceeds of your
local school bond and the other general obligation school bonds, and the payment
by you and the other local units of the allocable, associated costs of compliance
with the Internal Revenue Code of 1986, as amended, and any costs incurred in
connection with your participation in SNAP® (the "Proceeds Agreement");
Page 80 of 102
-4-
(iv)an executed copy of a Use of Proceeds Certificate and Tax
Compliance Agreement (the "Tax Compliance Agreement") in the form provided
by VPSA's bond counsel;
(v)if you are a MOP and VPSA has included by specific reference Your
Information into VPSA's Preliminary and final Official Statement, your certificate
dated the date of the delivery of the VPSA Bonds to the effect that (i) Your
Information was as of the date of VPSA's Preliminary and final Official Statements,
and is as of the date of the certificate which shall be dated the closing date, true and
correct and did not and does not contain an untrue statement of a material fact or
omit to state a material fact which should be included in Your Information for the
purpose for which it is included by specific reference in VPSA's Official Statements
or which is necessary to make the statements contained in such information, in light
of the circumstances under which they were made, not misleading, and (ii) you have
complied in all material respects with your undertakings regarding the amendments
adopted on November 10, 1994 to Rule 15c2-12 under the Securities Exchange Act
of 1934, as amended, for the preceding five years;
(vi)an approving legal opinion from your bond counsel in form
satisfactory to VPSA that:
(A)your local school bond is a valid and binding general
obligation of the Locality;
(B)the current and expected use of the proceeds of your local
school bond and the financed property by the Locality and the School Board
of the Locality will not result in the local school bond being considered a
"private activity bond" within the meaning of Section 141 of the Internal
Revenue Code of 1986, as amended;
(C)the terms and provisions of your local school bond conform
to the requirements of this Bond Sale Agreement including the appendices
attached hereto; and
(D)the Locality has duly authorized, executed and delivered this
Bond Sale Agreement, the Continuing Disclosure Agreement, the Tax
Compliance Agreement and the Proceeds Agreement, and the Continuing
Disclosure Agreement, the Tax Compliance Agreement and the Proceeds
Agreement are valid, binding and enforceable in accordance with their
terms;
(vii)a transcript of the other customary closing documents not listed
above; and
(viii)the proceeds of the VPSA Bonds.
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(b)If you will be using the proceeds of your local school bond to retire a bond
anticipation note, certificate of participation or other form of financing (the "Refunded
Debt"), receipt by VPSA of:
(i)an opinion of your bond counsel that, as of the Closing Date, the
Refunded Debt will have been paid in full or defeased according to the provisions
of the instrument authorizing the Refunded Debt (in rendering such opinion bond
counsel may rely on a letter or certificate of an accounting or financial professional
as to any mathematical computations necessary for the basis for such opinion); and
(ii)an executed copy of the escrow deposit agreement/letter of
instruction providing for the retirement of the Refunded Debt.
(c)Your compliance with the terms of this Bond Sale Agreement.
One complete original loose bound transcript (with tabs) of the documents listed
above shall be provided by your counsel to McGuireWoods LLP, bond counsel to
VPSA, on the Closing Date or, with VPSA's permission, as soon as practicable
thereafter but in no event more than thirty (30) business days after the Closing Date.
6.You hereby covenant that you will pay to VPSA the reasonable costs and expenses,
including reasonable attorneys' fees, if any, incurred by VPSA in connection with any
amendment to or discretionary action that VPSA undertakes at the request of the Locality
with respect to the local school bond, or the VPSA Bonds associated with the local school
bond, and the Locality shall pay such amounts no later than 30 days after VPSA sends the
Locality an invoice for such expenses.
7.Subject to the conditions described in Section 5 hereto, this Bond Sale Agreement shall
become binding as of the later of the VPSA Sale Date and the date you execute this Bond
Sale Agreement.
Page 82 of 102
[Signature Page to Bond Sale Agreement]
Dated as of April ___, 2020.
VIRGINIA PUBLIC SCHOOL AUTHORITY
By:
Authorized VPSA Representative
COUNTY OF CHESTERFIELD, VIRGINIA
By:
Dr. Joseph P. Casey, County Administrator
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APPENDIX A - Standard Terms and Conditions
APPENDIX B - Form of Bond Resolution
APPENDIX C - Form of School Board Resolution
APPENDIX D - Continuing Disclosure Agreement
Page 84 of 102
75659488.2
A-1
APPENDIX A
to the Bond Sale Agreement
STANDARD TERMS AND CONDITIONS
Described below are certain terms of the local school bond which must be embodied in your
local resolution and local school bond form and other conditions which must be met in order for
VPSA to purchase your local school bond on the Closing Date. VPSA will not purchase a local
school bond unless and until such terms are present in the related local resolution and local
school bond form adopted by your governing body and such conditions are met.
Interest and Principal Payments
Your local school bond will bear interest from the dated date, which date will be 16 days prior to
the Closing Date 1 set forth in the Bond Sale Agreement (or such other date set by VPSA) and
will mature on July 15 of the years and in the amounts as established by VPSA. Your local
school bond will bear interest payable in installments due semiannually on January 15 and
July 15. The first interest installment will be payable on January 15, 2021. The first principal
installment will be payable on July 15 of the year selected in the Bond Sale Agreement. The
principal installments of your local school bond will bear interest at rates 5 basis points (0.05%)
above the actual rates on the VPSA Bonds with corresponding principal payment dates.
Payment
For so long as VPSA is the registered owner of your local school bond,
(i) the paying agent and bond registrar therefor shall be a bank or trust company
qualified to serve as such, and
(ii) all payments of principal, premium, if any, and interest shall be made in funds that
shall be immediately available to VPSA on or before 11:00 A.M. on the applicable
interest or principal payment date, or date fixed for prepayment or redemption, or if
such date is not a business day for banks in Virginia or for the Commonwealth, then
on or before 11:00 A.M. on the business day next succeeding such scheduled due
date. Overdue payments of principal and, to the extent permitted by law, interest
shall bear interest at the applicable interest rates on your local school bond.
Prepayment or Redemption
The local school bond will be subject to redemption at the option of your governing body,
subject to the consent of VPSA or other registered owner. Your local resolution shall provide for
prepayment or redemption as follows:
1 See the Endnotes on page A-4.
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A-2
The principal installments of the local school bond coming due on or after July 15, 2031 are
subject to optional prepayment or redemption prior to their stated maturities by the issuer, from
any available moneys, in whole or in part, on any date on or after July 15, 2030, at the following
prepayment or redemption prices, plus accrued interest to the date fixed for prepayment or
redemption:
Dates Price
July 15, 2030 through July 14, 2031 101%
July 15, 2031 through July 14, 2032 100½
July 15, 2032 and thereafter 100
Provided, however, that the local school bond shall not be subject to prepayment or
redemption prior to the respective principal payment dates except with the prior written
consent of VPSA or other registered owner.
Notice of any such prepayment or redemption shall be given to VPSA or other registered owner, by
registered mail at least 60, but not more than 90, days prior to the date fixed for prepayment or
redemption.
If VPSA refunds the VPSA Bonds in the future and such refunding causes the local school bond
to be deemed refunded, the prepayment or redemption of the local school bond will be subject to
VPSA approval and subject to similar prepayment or redemption provisions as set forth above
that correspond to the call period of the VPSA bonds issued in part to refund the local school
bond.
Security
Your local school bond must constitute a valid and binding general obligation for the payment of
which the full faith and credit of the local unit are irrevocably pledged, and all taxable property
within the boundaries of the locality must be subject to the levy of an ad valorem tax, over and
above all other taxes and without limitation as to rate or amount, for the payment of the principal
of, and premium, if any, and interest on the bonds to the extent other funds of the locality are not
lawfully available and appropriated for such purpose.
Tax Matters
You shall execute the Use of Proceeds Certificate and Tax Compliance Agreement (the "Tax
Compliance Agreement") in the form provided by VPSA's bond counsel for receipt by VPSA at
least three business days prior to the Closing Date.2
2 VPSA requires that the Tax Compliance Agreement be executed separately from any tax
certificates prepared by your bond counsel. Your bond counsel may also prepare one or more
tax certificates that contain some information found in the Tax Compliance Agreement in
addition to information such as your reasonable expectations as to meeting the requirements to
any of the rebate exceptions.
Page 86 of 102
A-3
No Composite Issue
You will covenant not to sell, without VPSA's consent, any general obligation bonds which are
part of the same common plan of financing (and payable from the same source of funds) as your
local school bond, during the period beginning 15 days in advance of and ending 15 days after
the VPSA Sale Date. As noted in the Bond Sale Agreement, the VPSA Sale Date is expected to
be on or about April 21, 2020 but, subject to market conditions, may occur any time between
April 7, 2020 and June 30, 2020.
Binding Commitment
Subject to the satisfaction of the conditions in Section 5 of the Bond Sale Agreement, the Bond
Sale Agreement shall constitute a binding commitment of the Locality to sell its local school
bond to VPSA as of the later of the VPSA Sale Date and the date the Local Issuer executes the
Bond Sale Agreement.
Request and Consent of County School Board 3
Before the governing body of a County adopts the local resolution, the County School Board
must first request, by resolution, the governing body to take such action. The County School
Board must also consent to the issuance of local school bond by the County. (See form of
resolution in Appendix D attached to the Bond Sale Agreement.)
Public Hearing and Notice
Before the final authorization of your issuance of the local school bond by the governing body,
the governing body must hold a public hearing on the proposed issue unless the issuance of such
local school bond has been approved at referendum or no public hearing is required under
Section 15.2-2606(B), Code of Virginia 1950, as amended (the "Virginia Code"). The notice of
the hearing, meeting the requirements of Section 15.2-2606 of the Virginia Code must be
published once a week for 2 successive weeks (notices at least 7 days apart) in a newspaper
published or having general circulation in your locality. The public hearing may not be held less
than 6 nor more than 21 days after the date the second notice appears in the newspaper. In
addition, the public hearing requirement of § 15.2-2606 of the Virginia Code was recently
amended. Pursuant to Chapter 590, 2011 Virginia Acts of Assembly, the public notice must
state the proposed use of the proceeds of the bond issue and, if there are multiple proposed
uses, must state the proposed uses for which more than 10 percent of the total bond proceeds
are expected to be used.
Delivery
VPSA will accept delivery of your local school bond only in the form of a single, typewritten,
temporary bond, in registered form, payable to VPSA. The form of the local school bond is
included as Exhibit A to the resolution in Appendix B to the Bond Sale Agreement. On 20 days
written notice from VPSA, you agree to deliver, at your expense, in exchange for the typewritten
bond, on one or more occasions, one or more temporary bonds or definitive bonds in marketable
form and, in any case, in fully registered form, in denominations of $5,000 and whole multiples
3 Not applicable to cities and towns. (Section 15.2-2640, Virginia Code)
Page 87 of 102
A-4
thereof, and having the same aggregate principal amount and accruing interest at the same rates
as the local school bond surrendered in exchange, as requested by VPSA.
ENDNOTES
1 If VPSA does not purchase your local school bond on the Closing Date due to your fault, VPSA
will invest, in demand or overnight investments, the amount of its bond proceeds to be used to
purchase your local school bond. If you cure your failure to deliver your local school bond within
the sixty (60) day period following the Closing Date, VPSA will purchase your local school bond
and your bond will bear interest from the date that is fifteen days prior to the date of delivery and
payment or other date satisfactory to VPSA. You will, however, be required to pay to VPSA at
your actual closing an amount equal to the positive difference, if any, between (A) the amount of
interest that would have accrued on your local school bond had VPSA been able to purchase your
local school bond on the Closing Date and (B) the lesser of (i) the amount of interest income
VPSA was able to earn, during such period, from the investment of its bond proceeds pending
their use to purchase your bond and (ii) the arbitrage yield on the VPSA Bonds.
Page 88 of 102
B-1
APPENDIX B
BOND RESOLUTION
See Tab No. _________
Page 89 of 102
C-1
APPENDIX C
SCHOOL BOARD RESOLUTION
See Tab No. _________
Page 90 of 102
D-1
APPENDIX D
CONTINUING DISCLOSURE AGREEMENT
See Tab No. _________
Page 91 of 102
D-1
\63768060.2
APPENDIX D
to the Bond Sale Agreement
CONTINUING DISCLOSURE AGREEMENT
[This Continuing Disclosure Agreement will impose obligations on the
Local Issuer if and only if the Local Issuer is or has become and
remains a "Material Obligated Person," as defined below]
This Continuing Disclosure Agreement (the "Disclosure Agreement") is executed and
delivered by the [County/City/Town of ____________], Virginia (the "Local Issuer") in
connection with the issuance by the Virginia Public School Authority (the "Authority") of
$__________ aggregate principal amount of its School Financing Bonds (1997 Resolution)
Series 2020A (the "Series 2020A Bonds") pursuant to the provisions of a bond resolution (the
"1997 Resolution") adopted on October 23, 1997, as amended and restated. The Series 2020A
Bonds and all other parity bonds heretofore and hereafter issued under the 1997 Resolution are
collectively called the "Bonds." A portion of the proceeds of the Series 2020A Bonds are being
used by the Authority to purchase the general obligation school bond (the "Local School Bond")
of the Local Issuer pursuant to a bond sale agreement between the Authority and the Local Issuer
(the "Bond Sale Agreement"). Pursuant to paragraph 4 of the Bond Sale Agreement, the Local
Issuer hereby covenants and agrees as follows:
SECTION 1.Purpose of the Disclosure Agreement. This Disclosure Agreement is
being executed and delivered by the Local Issuer for the benefit of the holders of the Series
2020A Bonds and in order to assist the Participating Underwriters (defined below) in complying
with the Rule (defined below). The Local Issuer acknowledges that it is undertaking primary
responsibility for any reports, notices or disclosures that may be required under this Disclosure
Agreement.
SECTION 2.Definitions. In addition to the definitions set forth in the 1997 Resolution,
which apply to any capitalized term used in this Disclosure Agreement unless otherwise defined
in this Section, the following capitalized terms shall have the following meanings:
"Annual Report" shall mean any Annual Report provided by the Local Issuer pursuant to,
and as described in, Sections 3 and 4 of this Disclosure Agreement.
"bond sale agreement" shall mean the Bond Sale Agreement and any other comparable
written commitment of the Local Issuer to sell its Local School Bond to the Authority.
"Dissemination Agent" shall mean the Local Issuer, acting in its capacity as
Dissemination Agent hereunder, or any successor Dissemination Agent designated in writing by
such Local Issuer and which has filed with such Local Issuer a written acceptance of such
designation.
"Filing Date" shall have the meaning given to such term in Section 3(a) hereof.
Page 92 of 102
D-2
"Fiscal Year" shall mean the twelve-month period at the end of which financial position
and results of operations are determined. Currently, the Local Issuer's Fiscal Year begins July 1
and continues through June 30 of the next calendar year.
"holder" shall mean, for purposes of this Disclosure Agreement, any person who is a
record owner or beneficial owner of a Series 2020A Bond.
"Listed Events" shall mean any of the events listed in subsection (b)(5)(i)(C) of the Rule.
"local school bonds" shall mean the Local School Bond and any other bonds of the Local
Issuer pledged as security for Bonds issued under the Authority's 1997 Resolution.
"Material Obligated Person" (or "MOP") shall mean the Local Issuer if it has local school
bonds outstanding in an aggregate principal amount that exceeds 10% of the aggregate principal
amount of all outstanding Bonds of the Authority.
"MSRB" shall mean the Municipal Securities Rulemaking Board, or any successor
thereto or to the functions of the MSRB contemplated by this Disclosure Agreement.
"Participating Underwriter" shall mean any of the original underwriters of the Authority's
Series 2020A Bonds required to comply with the Rule in connection with the offering of such
Bonds.
"Rule" shall mean Rule 15c2-12 adopted by the Securities and Exchange Commission
under the Securities Exchange Act of 1934, as the same may be amended from time to time.
SECTION 3.Provision of Annual Reports. (a) The Local Issuer shall, or shall cause the
Dissemination Agent to, provide the MSRB an Annual Report which is consistent with the
requirements of Section 4 of this Disclosure Agreement. Such Annual Report shall be filed on a
date (the "Filing Date") that is not later than 12 months after the end of any Fiscal Year
(commencing with its Fiscal Year ended June 30, 2020) as of the end of which such Local Issuer
was a MOP, unless as of the Filing Date the Local Issuer is no longer a MOP1. Not later than
ten (10) days prior to the Filing Date, the Local Issuer shall provide the Annual Report to the
Dissemination Agent (if applicable) and shall provide copies to the Authority. In each case, the
Annual Report (i) may be submitted as a single document or as separate documents comprising a
package, (ii) may cross-reference other information as provided in Section 4 of this Disclosure
Agreement and (iii) shall include the Local Issuer's audited financial statements prepared in
accordance with applicable state law or, if audited financial statements are not available, such
unaudited financial statements as may be required by the Rule. In any event, audited financial
statements of such Local Issuer must be submitted, if and when available, together with or
separately from the Annual Report.
1 The Authority will covenant in the Bond Sale Agreement to advise the Local Issuer within 60 days of
the end of each Fiscal Year if such Local Issuer was a Material Obligated Person as of the end of such
Fiscal Year. Upon written request, the Authority will also advise the Local Issuer as to its status as a
MOP as of any other date.
Page 93 of 102
D-3
(b)If the Local Issuer is unable to provide an Annual Report to the MSRB by
the date required in subsection (a), the Local Issuer shall send a notice to the MSRB in
substantially the form attached hereto as Exhibit A.
SECTION 4.Content of Annual Reports. Except as otherwise agreed, any Annual
Report required to be filed hereunder shall contain or incorporate by reference, at a minimum,
annual financial information relating to the Local Issuer, including operating data,
(i)updating such information relating to the Local Issuer as shall have been included
or cross-referenced in the final Official Statement of the Authority describing the
Authority's Series 2020A Bonds or
(ii)if there is no such information described in clause (i), updating such information
relating to the Local Issuer as shall have been included or cross-referenced in any
comparable disclosure document of the Local Issuer relating to its tax-supported
obligations or
(iii)if there is no such information described in clauses (i) or (ii) above, initially
setting forth and then updating the information referred to in Exhibit B as it
relates to the Local Issuer, all with a view toward assisting Participating
Underwriters in complying with the Rule.
Any or all of such information may be incorporated by reference from other documents,
including official statements of securities issues with respect to which the Local Issuer is an
"obligated person" (within the meaning of the Rule), which have been filed with the MSRB or
the Securities and Exchange Commission. If the document incorporated by reference is a final
official statement, it must be available from the MSRB. The Local Issuer shall clearly identify
each such other document so incorporated by reference.
SECTION 5.Reporting of Listed Events. Whenever the Local Issuer is a Material
Obligated Person required to file Annual Reports pursuant to Section 3(a) hereof and obtains
knowledge of the occurrence of a Listed Event, such Local Issuer shall file in a timely manner,
not in excess of ten business days after the occurrence of the event, a notice of such occurrence
with the MSRB with a copy to the Authority.
SECTION 6.Termination of Reporting Obligation. The Local Issuer's obligations
under this Disclosure Agreement shall terminate upon the earlier to occur of the legal defeasance
or final retirement of the Local School Bond.
SECTION 7.Dissemination Agent. The Local Issuer may, from time to time, appoint
or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure
Agreement and may discharge any such Dissemination Agent, with or without appointing a
successor Dissemination Agent. The Local Issuer shall advise the Authority of any such
appointment or discharge. If at any time there is not any other designated Dissemination Agent,
the Local Issuer shall be the Dissemination Agent. [The initial Dissemination Agent shall be
_____________.]
Page 94 of 102
D-4
SECTION 8.Amendment. Notwithstanding any other provision of this Disclosure
Agreement, the Local Issuer may amend this Disclosure Agreement, if such amendment has been
approved in writing by the Authority and is supported by an opinion of independent counsel,
acceptable to the Authority, with expertise in federal securities laws, to the effect that such
amendment is permitted or required by the Rule.
SECTION 9.Additional Information. Nothing in this Disclosure Agreement shall be
deemed to prevent the Local Issuer from disseminating any other information, using the means
of dissemination set forth in this Disclosure Agreement or any other means of communication, or
including any other information in any Annual Report or notice of occurrence of a Listed Event,
in addition to that which is required by this Disclosure Agreement. If the Local Issuer chooses to
include any information in any Annual Report or notice of occurrence of a Listed Event, in
addition to that which is specifically required by this Disclosure Agreement, such Local Issuer
shall have no obligation under this Disclosure Agreement to update such information or include
it in any future Annual Report or notice of occurrence of a Listed Event.
SECTION 10.Default. Any person referred to in Section 11 (other than the Local Issuer)
may take such action as may be necessary and appropriate, including seeking mandate or specific
performance by court order, to cause the Local Issuer to file its Annual Report or to give notice
of a Listed Event. The Authority may, and the holders of not less than a majority in aggregate
principal amount of Series 2020A Bonds outstanding may, take such actions as may be necessary
and appropriate, including seeking mandate or specific performance by court order, to challenge
the adequacy of any information provided pursuant to this Disclosure Agreement, or to enforce
any other obligation of the Local Issuer hereunder. A default under this Disclosure Agreement
shall not be deemed an event of default under the applicable resolution or bonds of the Local
Issuer, and the sole remedy under this Disclosure Agreement in the event of any failure of the
Local Issuer to comply herewith shall be an action to compel performance. Nothing in this
provision shall be deemed to restrict the rights or remedies of any holder pursuant to the
Securities Exchange Act of 1934, the rules and regulations promulgated thereunder, or other
applicable laws.
SECTION 11.Beneficiaries. This Disclosure Agreement shall inure solely to the benefit
of the Authority, the Local Issuer, the Participating Underwriters, and holders from time to time
of the Authority's Series 2020A Bonds, and shall create no rights in any other person or entity.
SECTION 12.Form of Filings. Unless otherwise required by the MSRB, all notices,
documents and information provided to the MSRB pursuant to this Disclosure Agreement shall
be provided to the MSRB's Electronic Municipal Market Access (EMMA) system, the current
Internet address of which is www.emma.msrb.org. All notices, documents and information
provided to the MSRB shall be provided in an electronic format prescribed by the MSRB
(currently, portable document format (pdf) which must be word-searchable except for non-
textual elements) and shall be accompanied by identifying information as prescribed by the
MSRB. The Local Issuer shall include with each filing made under this Disclosure Agreement
the CUSIP identifier related to each of the Series 2020A Bonds and all other Bonds that are
outstanding at the time of such filing. The Local Issuer may obtain the relevant CUSIP identifiers
from the Authority in connection with any filing required under this Disclosure Agreement.
Page 95 of 102
D-5
SECTION 13.Counterparts. This Disclosure Agreement may be executed in several
counterparts, each of which shall be an original and all of which shall constitute but one and the
same instrument.
[Remainder of Page Intentionally Left Blank]
Page 96 of 102
D-6
Date: _______________________
[COUNTY/CITY/TOWN OF _________],
VIRGINIA
By:
Name:
Title:
[Signature Page to Continuing Disclosure Agreement]
Page 97 of 102
D-A-1
EXHIBIT A
NOTICE OF FAILURE TO FILE ANNUAL REPORT
[AUDITED FINANCIAL STATEMENTS]
Re: VIRGINIA PUBLIC SCHOOL AUTHORITY
SCHOOL FINANCING BONDS (1997 Resolution)
SERIES 2020A
CUSIP Numbers:
Dated: May 12, 20202
Name of Local Issuer: [COUNTY/CITY/TOWN OF ______________], VIRGINIA
NOTICE IS HEREBY GIVEN that the [County/City/Town of ________,] Virginia (the "Local
Issuer") has not provided an Annual Report as required by Section 3(a) of the Continuing
Disclosure Agreement, which was entered into in connection with the above-named bonds issued
pursuant to that certain Series Resolution adopted on [March __, 2020], by the Board of
Commissioners of the Virginia Public School Authority, the proceeds of which were used to
purchase $____________ [General Obligation School Bond], Series 2020 of the Local Issuer.
[The Local Issuer anticipates that the Annual Report will be filed by _____________.] The
Local Issuer is a material "obligated person" within the meaning of Rule 15c2-12 under the
Securities Exchange Act of 1934, as amended, with respect to the above-named bonds of the
Virginia Public School Authority.
Dated: ______________
[COUNTY/CITY/TOWN OF _________],
VIRGINIA
By:
Name:
Title:
2 The Series 2020A Bonds will be dated their date of delivery.
Page 98 of 102
D-B-1
EXHIBIT B
CONTENT OF ANNUAL REPORT
Description of the Local Issuer. A description of the Local Issuer including a summary of its
form of government, budgetary processes and its management and officers.
Debt. A description of the terms of the Local Issuer's outstanding tax-supported and other debt
including a historical summary of outstanding tax-supported debt; a summary of authorized but
unissued tax-supported debt; a summary of legal debt margin; a summary of overlapping debt;
and a summary of annual debt service on outstanding tax-supported debt as of the end of the
preceding fiscal year. The Annual Report should also include (to the extent not shown in the
latest audited financial statements) a description of contingent obligations as well as pension
plans administered by the Local Issuer and any unfunded pension liabilities.
Financial Data. Financial information respecting the Local Issuer including a description of
revenues and expenditures for its major funds and a summary of its tax policy, structure and
collections as of the end of the preceding fiscal year.
Capital Improvement Plan. A summary of the Local Issuer's capital improvement plan.
Demographic, Economic and Supplemental Information. A summary of the Local Issuer's
demographic and economic characteristics such as population, income, employment, and public
school enrollment and infrastructure data as of the end of the preceding fiscal year. The Annual
Report should also include a description of material litigation pending against the Local Issuer.
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Meeting Date: March 25, 2020 Item Number: 12.A.
Subject:
Adjournment and Notice of Next Scheduled Meeting of the Board of Supervisors
Board Action Requested:
Summary of Information:
Motion of adjournment and notice of the Board of Supervisors meeting to be held on April 8, 2020 at 6:00 p.m.
in the Public Meeting Room.
Attachments:
None
Preparer:Sara Hall, Clerk to the Board of Supervisors
Approved By:
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