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2020-08-26 Agenda PacketCHESTERFIELD COUNTY CHESTERFIELD, VIRGINIA 23832 AGENDA August 26, 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 2:00 p.m. Work Session ­ Public Meeting Room    1.Approval of Minutes     2.Requests to Postpone Agenda Items and Additions, Deletions or Changes in the Order of  Presentation     3.Work Sessions      A.Everyday Excellence ­ County Administration      B.Dominion Energy Annual Update      C.Richmond Region Tourism and Sports Backers Update      D.Community Enhancement Department Update      E.General Assembly Update     4.Reports      A.District Improvement Funds (DIF) Monthly Report     5.Fifteen­Minute Citizen Comment Period on Unscheduled Matters     6.Closed Session       A.Pursuant to 1) Section 2.2­3711(A)(7), Code of Virginia, 1950, as Amended, for Consultation  with Legal Counsel Regarding Specific Legal Matters Involving Riverside Regional Jail,  Which Require the Provision of Legal Advice, 2) Section 2.2­3711(A)(8), Code of Virginia,  1950, as Amended, Pertaining to Actual Opioid Litigation Involving the County Where  Discussion in an Open Meeting Would Adversely Affect the Litigating Posture of the  County, and (3) Section 2.2­3711(A)(1), Code of Virginia, 1950, as Amended, Relating to  the Performance of the County Administrator     7.Recess for Dinner     Page 1 of 408 Chesterfield County Board of Supervisors Meeting August 26, 2020 6:00 p.m. Evening Session ­ Public Meeting Room    8.Invocation      The Honorable Jim Holland, Dale District Supervisor    9.Pledge of Allegiance      Deputy County Administrator Matt Harris    10.County Administration Update      A.School Capital Maintenance and Finance Update      B.Recent Storm Update/Addison­Evans Info      C.Police Accreditation ­ Center for Exploited and Missing Children       D.Introduction ­ New Deputy County Administrator       E.Other County Administration Updates     11.Board Member Reports     12.Resolutions and Special Recognitions      A.Recognizing Ms. Jane H. Peterson, Planning and Special Projects Manager, Planning  Department, Upon Her Retirement      B.Recognizing Mr. Harry D. Baird, III, Fire & Emergency Medical Services, Upon His  Retirement      C.Recognizing Ms. Laureen M. Evans, Library Department, Upon Her Retirement      D.Recognition of 2020 Virginia Association of Counties (VACo) Achievement Award  Winners      13.New Business      A.Appointments      1.Policy Board of the John Tyler Alcohol Safety Action Program        2.Chesterfield­Colonial Heights Social Services Board      3.Lower Magnolia Green Community Development Authority      B.Consent Items      1.Adoption of Resolutions     Page 2 of 408 Chesterfield County Board of Supervisors Meeting August 26, 2020  a.Recognizing Captain Christopher H. Hawkins, Fire & EMS, Upon His  Retirement      b.Recognizing Career Deputy Gill M. Muscat, Jr., Sheriff's Office, Upon His  Retirement      c.Recognizing Mr. Stephen Wilson, Information Systems Technology  Department, Upon His Retirement.      d.Recognizing Mrs. Rhonda Barker, Department of Social Services, Upon Her  Retirement      e.Recognizing Mrs. Lynda W. Wray, Police Department, Upon Her Retirement       f.Resolution Supporting Construction of The Station at Chester Village Using  Proceeds from Taxable Bonds Issued by the Virginia Housing Development  Authority Under Their Mixed­Income Program      g.Confirmation and Consent to the Declaration of a Local Emergency in  Chesterfield County as a Result of the Flooding on August 15, 2020      2.Real Property Requests      a.Acceptance of Parcels of Land      1.Acceptance of a Parcel of Land Along Iron River Drive from Iron Mill  Development Company, LLC      2.Acceptance of a Parcel of Land Adjacent to Ruffin Mill Road from  Carrie Coyner, Trustee of the Goodrich River Trust      3.Acceptance of Parcels of Land Adjacent to Woolridge Road and  Grandin Avenue from Woolridge Development, LC      4.Acceptance of Parcels of Land Adjacent to Genito Road from Deerhill  Properties, LLC      5.Acceptance of Parcels of Land Adjacent to Hull Street Road from 8424  Hull Street Road, LLC      6.Acceptance of a Parcel of Land Adjacent to Bellwood Road from  CBM Properties, LLC      b.Requests to Quitclaim       1.Request to Quitclaim a Variable Width Temporary Reduced  Imperviousness Best Management Practice Easement across the  Property of John P. Kirwan, Jr. and Becky H. Kirwan     Page 3 of 408 Chesterfield County Board of Supervisors Meeting August 26, 2020   2.Request to Quitclaim a Variable Width Drainage Easement (Public)  across the Property of Carrie Coyner, Trustee of the Goodrich River  Trust      3.Award of Construction Contract for Bensley Park Athletic Field and Trails  Renovation Project      4.Award Construction Contract and Execute Agreement for Bensley Park Parking Lot  Addition      5.Award of Construction Contract for County Project #17­0149, Physic Hill Tank  Rehabilitation      6.Award of Construction Contract for County Project #19­0226, Bermuda Tank  Rehabilitation      7.Award of Contract for County Project #15­0158, Advanced Metering Infrastructure.      8.Approval of the Purchase of a Parcel of Land from the Commonwealth of Virginia      9.State Roads Acceptances and Abandonment, Centralia Station, Section 1      10.Amendment of Lease for the Chester Police Station      11.Set Date to Hold Public Hearing to Amend and Reenact County Code Section 5­8  Regarding Designation of Land Bank Entity      12.Amend the Minutes of May 27, 2020       13.Authorize the Receipt and Appropriation of Grant Funds from the Department of  Homeland Security and the Federal Emergency Management Agency for the 2020  Local Emergency Management Performance Grant      14.Set Public Hearing to Consider Readoption of Continuity of Government Ordinance       15.Approvals Relating to a Refinancing Plan Through the Economic Development  Authority (EDA) for the Refinancing of Meadowville Technology Park Issuances and  the Cloverleaf Taxable Redevelopment Facility Note        16.Set a Public Hearing and Grant Approvals Relating to a Financing Plan Through the  Economic Development Authority (EDA) for Schools Major Maintenance and  County Projects      17.Accept and Appropriate a Grant of $227,493 in FY2021 Federal Transit  Administration (FTA) Section 5310 Operating and Mobility Management Funding       18.Authorize the County Administrator to Renew a Health Care Contract with Anthem  Blue Cross and Blue Shield and Execute a Dental Care Contract with Delta Dental of  Virginia for 2021, and to Transfer Related Savings to the Health Care Fund     Page 4 of 408 Chesterfield County Board of Supervisors Meeting August 26, 2020  19.Acceptance of State Roads       20.Conveyance of an Easement to Virginia Electric and Power Company for a 15'  Underground Easement for Service to the New Ettrick Elementary School at 20910  Chesterfield Avenue      21.Approval by the Board of Supervisors of the Appointment of Dr. James D. Worsley  as Deputy County Administrator     14.Fifteen­Minute Citizen Comment Period on Unscheduled Matters     15.Deferred Items     16.Requests for Manufactured Home Permits and Rezoning Placed on the Consent Agenda to be  Heard in the Following Order:  Withdrawals/Deferrals Cases Where the Applicant Accepts the Recommendation and There is No Opposition Cases Where the Applicant Does Not Accept the Recommendation and/or There is  Public Opposition Will Be Heard at Section 18     A.20SN0559 ­ S.L. Nusbaum Realty Co, Salisbury Corp., and Ralph L. Costen, Jr. ­ Midlothian  District      B.20SN0570 ­ Emerson Companies, LLC ­ Bermuda District      C.20SN0599 ­ PREMIER RE FUND V LLC ­ Dale District     17.Public Hearings      A.To Adopt an Ordinance to Vacate Portions of a 50' Unimproved County Right of Way known  as Glendale Street within Plan of Normandale Terrace Subdivision      B.To Consider the Exercise of Eminent Domain for the Acquisition of Easements for the Route  10 (Whitepine Road to Frith Lane) Widening Project      C.To Consider Amendments to Chapter 5 of the County Code adding § 5­12 Regarding  Blighted Property Declarations and to Declare Two Properties Blighted      D.To Consider the Abandonment of a Portion of Deerleaf Court, State Route 7335      E.To Consider Repealing the Ordinances Waiving Penalties and Interest on Unpaid Transient  Occupancy Taxes and Unpaid Utility Bills      F.To Consider the Appropriation of up to $51.6 Million in Federal CARES Act Funding in  FY2021     Page 5 of 408 Chesterfield County Board of Supervisors Meeting August 26, 2020   G.To Consider the Readoption of an Amendment to Section 9­51 of the County Code to Waive  the Accrual of Penalty and Interest on Delinquent Personal Property Tax Payments Due on  June 5, 2020 Until After August 31      H.To Consider Establishment of Two Satellite Voting Locations     18.Remaining Manufactured Home Permits and Zoning Requests     19.Fifteen­Minute Citizen Comment Period on Unscheduled Matters     20.Adjournment      A.Adjournment and Notice of Next Scheduled Meeting of the Board of Supervisors     Page 6 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 3.B. Subject: Dominion Energy Annual Update Board Action Requested: Summary of Information: Mr. James Beazley, Manager-Regional, State and Local Affairs, Dominion Energy, will update the Board of Supervisors on activities of Dominion Energy. Attachments: 1.2020 State Local Affairs Chesterfield Update817 Preparer:Sara Hall, Clerk to the Board of Supervisors Approved By: Page 7 of 408 Chesterfield County Board of Supervisors Update 1 August 26, 2020 James K. Beazley Regional Public Policy, Dominion Energy Page 8 of 408 2 COVID-19 Pandemic Response We remain committed to providing reliable energy service 24-7 One Dominion Energy •Implemented social distancing policies •Following best-practices in distribution and use of PPE •Maintained excellent safety performance and low restoration times Customers and Community •Donation to Red Cross and local non-profits to assist directly with COVID relief •Voluntarily suspended non-payment service disconnections and late fees across all regulated territories •Committed additional funds through the EnergyShare program to provide relief for customers and offering more flexible payment arrangements Page 9 of 408 3 Community Giving, Social Justice, Rebuilding Efforts ▪HBCU recipients across Virginia, Ohio, North and South Carolina representing ~35,000 enrolled students ▪Includes $10 million scholarship fund created to support African American and under-represented minority students across the company’s service territory ▪In addition to $5 million commitment social justice, community rebuilding efforts ▪Complements existing diversity and inclusion goals Dominion Energy commits $35 million to initiative supporting historically black colleges and universities, minority student scholarships 3 Page 10 of 408 4 Our Major Assets: •Midlothian Operations Office •Chesterfield Power Station •Chesterfield Training Center(s) •Dominion Energy Credit Union Property Taxes Paid in 2019/2020: •$7.1 million in December 2019 •$6.2 million in June 2020 Number of Dominion Energy Virginia Customers: •151,519 (+2,730 from 2019) Number of Employees Living in Chesterfield County: •1,300+ Dominion Energy’s Impact in Chesterfield County Page 11 of 408 5 •Due to increased electrical growth in Chesterfield County, a new substation is needed •Parcel size is 28 acres; substation size is 1.5 acres •Recently filed conditional use permit Genito Rd Genito Substation Page 12 of 408 6 Energy Storage Pumped Storage Bath County Pumped Storage Station •Located in Virginia's Allegheny Mountains •3,003 MW (750,000 homes); world’s largest •48 full-time jobs •$3.9 million annually to Bath County Tazewell County Pumped Storage Station •Located on East River Mountain in Tazewell, this project is in the early feasibility stages. Battery Storage The Grid Transformation and Security Act of 2018 allows Dominion Energy to invest in up to 30 MW of battery storage pilot projects. The State Corporation Commission has approved four pilot projects totaling 16 MW. Electric School Bus Program •In 2019, Dominion Energy announced plans to partner with Virginia school districts to replace retiring diesel buses with electric models. •50 electric school buses will be rolled out to localities within Dominion Energy’s service territory, including Chesterfield County. •Dominion Energy has partnered with Sonny Merryman, a full service bus dealer headquartered in Evington, Virginia for this initial phase of the school bus program. The Virginia Clean Economy Act of 2020 calls for the development of 2,700 MW of energy storage by 2035. Page 13 of 408 7 Preparing for Outages During COVID-19 Page 14 of 408 8 Facebook.com/DominionEnergy Twitter.com/DominionEnergy Storm Communications: A Multi-Channel Approach Page 15 of 408 9 Power Restoration & Recovery Page 16 of 408 10 Transforming the Distribution Grid What is Dominion Energy doing to strengthen and improve its system? •The General Assembly recently passed the Grid Transformation and Security Act of 2018—landmark bipartisan legislation that supports transformative investments in the grid •Comprehensive measure will allow Dominion Energy to pursue grid modernization projects, deploy more renewable energy, and expand energy conservation efforts, all while promoting stable rates Possible grid transformation investments: •Advanced metering infrastructure (smart meters) •LED streetlights •Electric vehicle infrastructure •Energy storage coupled with renewables •Undergrounding of outage-prone neighborhood lines •Transmission undergrounding (pilot program) •Digital grid-monitoring devices •Physical and cybersecurity upgrades Page 17 of 408 11 Solar Energy Development •Dominion Energy is evaluating multiple sites throughout Virginia to expand our solar portfolio. These potential sites are both large-and small-scale. •In addition, Dominion Energy is evaluating potential “front of the meter” solutions for public buildings, such as schools and local government buildings. •Achieved our previous commitment to have at least 3,000 MW of solar/wind in service or under development in Virginia ahead of schedule. Virginia Clean Economy Act of 2020: •Development of 16,100 MW of solar or onshore wind energy by 2035; including 1,100 MW small-scale and 200 MW on brownfield sites. •Systemwide net metering cap increases from 1% to 6% of previous year’s peak adjusted load •Third-party PPA pilot program aggregate cap raised to 1,000 MW and individual project size cap raised to 3 MW Page 18 of 408 12 Solar Energy Request for Information (RFI) •Dominion Energy is seeking to partner with localities to explore opportunities for the development of solar energy generation sites. •Dominion Energy has issued a request for information (RFI) to help identify large-scale areas of land, greater than approximately 500 acres, that could potentially support the company’s solar development and procurement initiatives. •The RFI will be accessible starting August 11, and responses are requested by October 1, 2020. •Recently passed solar tax legislation could help localities grow local tax revenues and add clean energy jobs. For more information, please visit www.dominionenergy.com/SolarLandRFI Page 19 of 408 13 Chesterfield County –Strategic Undergrounding Projects 100+ projects totaling 50.2 miles of overhead lines converted to underground lines Timeline: •1.2 miles in 2014 •6.3 miles in 2015 •12.1 miles in 2016 •9.4 miles in 2017 •4.5 miles in 2018 •15 miles in 2019 •1.7 miles in 2020 •1.0 mile* in 2020 *Work in progress Page 20 of 408 14 Chesterfield County –Strategic Undergrounding Projects Page 21 of 408 15 Dominion Energy Activities Page 22 of 408 16 Chesterfield Power Station –76th Year of Service to Chesterfield County and the Commonwealth •150+ full-time employees •Currently ~200 contractors on site •1,415 megawatts of coal (units 5 and 6) and natural gas -fired generation (units 7 and 8) o Units 5 and 6 will be retired in the spring of 2023 •Environmental improvements at the station o 90% reduction in mercury emissions o 96% reduction in sulfur dioxide emissions Announced in December of 2019 development activities for a new natural gas-fired peaking unit •Adjourning Chesterfield Power Station property •Close to existing utilities and infrastructure Dominion Energy Generation Activities Page 23 of 408 17 Dutch Gap Trail Closure -Extension to September 1st Page 24 of 408 18 Coal Ash Next Steps; MOU Page 25 of 408 19 James K. Beazley Dominion Energy Regional Public Policy 804-814-5448 james.k.beazley@dominionenergy.com Dominion Energy Contact Page 26 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 3.C. Subject: Richmond Region Tourism and Sports Backers Update Board Action Requested: A Sports Tourism Update will be given by Richmond Region Tourism and Sportsbackers. Summary of Information: Mr. Jack Berry, President and Chief Executive Officer of Richmond Region Tourism and Mr. Jon Lugbill, Executive Director with Sportsbackers will update the Board on Sports Tourism and other tourism-related activities in Chesterfield County and the surrounding region. Attachments: 1.Cheserfield BOS Aug. 2020 Final 8-2 Preparer:Scott Zaremba, Deputy County Administrator Approved By: Page 27 of 408 Page 28 of 408 RVA Tourism is Big Business Page 29 of 408 24,483 Jobs in 2018 40% of  workers  who began their  career in travel reach  a career salary of  $100,000 Page 30 of 408 COVID Tourism Update Page 31 of 408 Hotel Sales by Fiscal Year 179 184 181 187 207 215 230 252 271 241 225 236 259 274 267 301 330 346 367 375 330 HOTEL/MOTEL SALES RICHMOND REGION MILLIONS OF DOLLARS 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Page 32 of 408 Hotel Update Occupancy •March: Richmond-Petersburg 46.9%, -46.6% YOY; Chesterfield 53.4% •April: Richmond-Petersburg 30.9%, -54.4% YOY; Chesterfield 43.9% •May: Richmond-Petersburg 36.6%, -46.6% YOY; Chesterfield 43.9% •June: Richmond-Petersburg 43%, -40% YOY; Chesterfield 53.9% •July: Richmond-Petersburg 48.3%, -28.4% YOY; Chesterfield, 55.8% Chesterfield Closures and Openings •Four Points by Sheraton Richmond Midlothian (194 rooms) closed April 13 – reopened June 25  •Hyatt Place Richmond Arboretum (127 rooms) Closed April 8 – reopened May 1  •Residence Inn Richmond West/Midlothian (111 rooms) opened June 4 new hotel •Hotel Conference Center at Stonebridge (200 rooms) upcoming •Hampton Inn and Home2Suites Hotel in Chester (180 rooms) upcoming  Page 33 of 408 Attraction Update 23 Chesterfield Attractions open 10 remained closed Page 34 of 408 Tourism Diversity Will Help Market Segments Equally Divided Page 35 of 408 Traveler Sentiment Varies 48.5% report having  leisure trip plans  during one or more  months in 2020 51.5% do not  currently have any  leisure trip plans in  2020  Page 36 of 408 Traveler Sentiment Meetings & Conventions Sports Tournaments •84% of American athlete parents feel safe  allowing their athletes to participate in  summer sports •80% feel safe in Fall •14.1% of American travelers have  tentative plans to travel to a convention,  conference or other group meeting •60% of will take place this year, 40% in  2021 Page 37 of 408 Tourism Recovery Page 38 of 408 •Chesterfield County •Colonial Heights—new! •Hanover County •Henrico County •New Kent County •Richmond •Town of Ashland RRT Footprint Page 39 of 408 VisitRichmondVA.com TravelSafeRVA.com New Web Site Page 40 of 408 Resources for Things to Do RVA Blog Page 41 of 408 Threshold 360 Videos •23 Venues in  Chesterfield: hotels,  attractions, theater  entertainment, sports  venues •Virtual 360-degree tour •Mapping Page 42 of 408 Limited Advertising •21 billboards •11 messages •VA Beach,  Hampton Page 43 of 408 Media Relations Page 44 of 408 Meetings & Conventions Cancelled, Postponed:  •56 groups •40,700+ hotel room nights •$29.6 million economic impact Future Business Booked During COVID-19 •36 groups •31,700 room nights •$23 million economic impact Meetings in 2020 •31 groups •23,646 room nights •$13.7 million economic impact Business Event Recruitment 2021 Conference, DoubleTree  Richmond-Midlothian $65,000+  economic impact Page 45 of 408 RVA Champions •29 RVA Champions •$10.2 million  economic impact  •81 event  participants Page 46 of 408 Visitor Services 20,000+ Guides delivered to Washington Post subscribers Page 47 of 408 Sports Tourism Update Page 48 of 408 Page 49 of 408 Chesterfield is Sportier Than Ever Page 50 of 408 Sports Tourism Fastest Growing Richmond Region Tourism Bookings Sports Association Religious 171,000 out-of-town visitors in 2019 Page 51 of 408 Sports During COVID-19 •43 sports events cancelled  or postponed; $29 million in  economic impact •Sports events returned in  full force in Phase 2 •30 events from June 10- Labor Day;  $15.5 million in EI;  •14 events from Labor Day  through end of 2020 Ironbridge Park, Senior Softball World Championships, Aug 7-9 Page 52 of 408 Return to Play at River City Page 53 of 408 Sports Tourism in the Media Page 54 of 408 River City Sportsplex River City Sportsplex Numbers in 2018/2019 23 Out-of-town tournament weekends hosted (down from 26) $27.6M Chesterfield impact from RCS events (down from $32.4M) $1M Chesterfield tax revenue from RCS sports tourism events Visitors Numbers at River City in 2018/2019 496,200 # of total visits to facility 149,900 Tournament visitors 347,100 Recreational / open-play visitors (65%) Page 55 of 408 More and More Competition Panama City Beach Sports Complex Page 56 of 408 More and More Competition WRAL Soccer Complex – Raleigh, NC Championship Field – 3,200 seats Page 57 of 408 More and More Competition DE Turf Complex Page 58 of 408 County Impact 2018/19 Chesterfield County Economic Impact $28.4 Million & 46 events (from July 1, 2018 – June 30, 2019) Page 59 of 408 2021 New Events USCAA Event Announcement – February 2020 Estimated $7.5 million in Direct Impact to Chesterfield Page 60 of 408 One-Up the Competition Complimentary KD Ticket PlayInRVA.com Page 61 of 408 Sports Backers Update Page 62 of 408 Page 63 of 408 •Tacky Light Run Sports Tourism  Challenges Page 64 of 408 Sports Tourism  Opportunities Page 65 of 408 42 Mile Trail from  Ashland to Petersburg Chesterfield County Page 66 of 408 Page 67 of 408 Page 68 of 408 Quality of Life Page 69 of 408 Page 70 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 3.D. Subject: Community Enhancement Department Update Board Action Requested: None; Dan Cohen, Director of Community Enhancement, will provide an update on the Department's work program. Summary of Information: The Department of Community Enhancement strives to improve the value, quality, desirability and attractiveness of the county’s neighborhoods and business commercial corridors through partnerships and coordination of public and private partnerships. We bring together dedicated professionals with a wide range of expertise in the following areas: The department is focused on four broad areas: strategic code enforcement, targeted investment, research and development, and volunteerism. These four areas include code enforcement; property maintenance; business license and county vehicle registration enforcement; Community Development Block Grant; real estate, housing and revitalization; and Keep Chesterfield Beautiful. Attachments: 1.BOS Presentation 26AUG2020 Preparer:Daniel Cohen, Director Approved By: Page 71 of 408 Board Presentation August 26, 2020 Page 72 of 408 Enhancement Increase or improvement in value, quality, desirability, or attractiveness. Page 73 of 408 Keep Chesterfield Beautiful Volunteer Programs •Mobilizing residents to improve our community •Volunteer hours increase 40% from FY19 •Yard maintenance program for seniors Anti Litter & Forgotten Areas •Litter pickup increased 100% from FY19 •Forgotten areas & medians •Streetlights Page 74 of 408 Keep Chesterfield Beautiful Median Landscaping and Signage Management of Route 60 medians Renewal of Chesterfield Towne Center/ Southport Area Service District 34 new trees planted in Courthouse Rd. median 25 new trees pending for Lucks Lane median Community entrance sign (Ridgedale Parkway) Page 75 of 408 Page 76 of 408 Rehabilitation Tax Exemption •Improved program marketing •34 more applications in 2020 than 2019 –a 180% increase •Example projects: Huguenot Village and Meadowbrook shopping centers •Pending improvements to commercial and industrial exemption program Page 77 of 408 Code Enforcement Consolidated Code Enforcement •Property Maintenance •Zoning ordinance •Licensing Blight •A new option for improving property Inop vehilces 24% Tall grass 29% Discarded material 32% CE Zoning 12% Property maintenance 2% Trash & Garbage 1% 92% Voluntary Compliance 3,858 Code Enforcement Cases in FY20 $6M in Delinquent Revenue Collected Page 78 of 408 Trash & Garbage Enforcement Page 79 of 408 Survey Criteria Results Property is Developed 80% Violations of Conditions of Zoning of those that have conditions 32% Violation of Site Plan of those that have site plans 55% Zoning Violations Exist Signs were not included in this survey 53% Locally Owned 74% Commercial Code Enforcement •Commercial Enforcement •Setbacks and right of way •Screening and buffers •Site plan violations •Marketing Incentives •NJDSAP Revitalization Incentive •Rehab tax exemption •Technology zone •Dumpster screening North Jeff Davis Special Area Plan Page 80 of 408 Illegal Junk Yard Page 81 of 408 March 2020January 2020 Page 82 of 408 2018 2020 Page 83 of 408 Organization Program/Project Title Description Better Housing Coalition Winchester Forest New 160 unit apartment building for low-moderate income households along the Route 1 corridor Communities in Schools Surrounding Students with a Community of Support Program Implement student educational support programs at 6 county schools, in order to provide comprehensive community- based interventions to at risk students and their families Dept. of Community Enhancement Dumpster Program for Commercial Code Violation Assist business owners along Route 1 corridor with remedying commercial code violations by paying for cost of dumpster enclosures. Homeward Regional Homeless Services Coordinated Entry System Implementation of a Regional Homeless Services Coordinated Entry System to coordinate access to homeless services within the Richmond region. HumanKind Ways to Work Program This program provides fair interest vehicle loans and financial literary education to working individuals with challenging credit histories through its Way to Work program. LISC Financial Opportunity Centers Program Operation of four Financial Opportunity Centers, where Chesterfield residents receive financial and employment coaching services Maggie Walker Community Land Trust (MWCLT) Permanently Affordable Homeownership Opportunities Acquisition of a minimum of four homes in Chesterfield for MWCLT to rehabilitate and sell to homebuyers in the county earning below 80% AMI under the land trust model of permanent affordability Project: HOMES Mobile Home Repair/Replacement Program Provision of a mobile home repair and replacement program for income-eligible mobile homeowners living in Chesterfield County Project: HOMES Critical Home Repair Program Provision of critical home repairs to 30% to 80% AMI homeowners living in Chesterfield County. Project: HOMES Lead Hazard Control Grant Program CDBG Match CDBG Match for the Lead Hazard Control Grant Program Rebuilding Together Homeowners Safe and Healthy Housing Provision of the Homeowners’ Safe and Healthy Housing program to provide home repairs for approximately 5 low- income households (at 80% or less AMI) Habitat for Humanity Critical Home Repairs Critical Home Repair program for extremely low to moderately low-income homeowners (at 80% or less AMI) in Chesterfield County. Housing Opportunities Made Equal (HOME) Chesterfield Down Payment and Closing Cost Assistance Program Provide direct homebuyer assistance, housing counseling and loan services to low and moderate-income homeowners. FY21 CDBG Programs/Projects Page 84 of 408 Organization Program/Project Title Description YMCA YMCA's Camp Home and Summer Day Camp Programs Provide financial assistance to low-income families impacted by COVID-19 for their children's enrollment in YMCA's Camp Hope emergency childcare and summer day programs. Better Housing Coalition BHC's Rental Assistance Program Provide rental assistance and career counseling to residents of BHC's Winchester Green and Market Square Apartment communities whose employment and income were impacted by the COVID-19 pandemic. Partnership for Housing Affordability PHA's Financial Analysis of Shopping Centers Impacted by COVID-19 Conduct a financial analysis of two shopping centers and provide a final report with revitalization recommendations to be used as a blueprint for sustained economic stability in response to COVID-19. Homeward Homeward's Non-Congregate Shelter Program Operate a non-congregate shelter program for persons experiencing homelessness and at risk of COVID-19. Housing Opportunities Made Equal (HOME) HOME's Foreclosure Prevention Program Provide foreclosure prevention and educational services for persons facing imminent foreclosure as a result of the COVID-19 crisis Center for Healthy Hearts Satellite Support Site -8820 Metro Court Establish a new Satellite Support Site (8820 Metro Court) to increase access to medical services and provide free/low- cost medication to an area of need along Jefferson Davis Highway. Colonial Heights Alliance for Social Ministry (CCHASM) Crisis Financial Support Fund Provide one-time financial assistance to qualifying low-to moderate-income households impacted by COVID-19 to assist with utilities, mortgage/rent, emergency care repairs, medicine, etc. LISC Local Initiatives Support Corporation (LISC)'s Chesterfield Business Recovery Fund (CBRF) Provide financial relief grants (up to $10,000) and technical assistance to micro businesses in Chesterfield County owned by low-moderate-income residents to assist with urgent needs such as rent, payroll, utilities, and vendors. Central Virginia Legal Aid Society Central Virginia Legal Aid Society's COVID-19 Eviction Protection program Assist low-income residents with civil legal needs and education with a focus on eviction prevention amidst the COVID- 19 crisis. Health Brigade Health Brigade's Integrated Care for Vulnerable Chesterfield Residents program Provide integrated medical and mental health care to low-income, uninsured residents of Chesterfield a combination of tele-health and safe on-site delivery. Chesterfield Food Bank Chesterfield Food Bank Programs Assist with the operating costs of the Food Bank’s Food on the Move, Kids Program, and No Senior Hungry programs to help address food insecurity as a result of the COVID-19 crisis. FY21 CDBG-CV Programs/Projects Page 85 of 408 Page 86 of 408 Page 87 of 408 Page 88 of 408 Page 89 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 3.E. Subject: General Assembly Update Board Action Requested: Summary of Information: Ms. Mary Ann Curtin, Director of Intergovernmental Relations, will present an update to the Board of Supervisors on the status of the General Assembly. Attachments: None Preparer:Sara Hall, Clerk to the Board of Supervisors Approved By: Page 90 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 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 FY2021. Acceptance of the report will serve as approval for staff to expend DIF funds for the proposed uses as listed. Attachments: 1.DIF Report - August 26, 2020 Preparer:Andrea Peeks, Director of Budget and Management Approved By: Page 91 of 408 1 | Page DIF Report 8/26/2020 CHESTERFIELD COUNTY Monthly Report on District Improvement Funds Report Date: August 26, 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. On July 22, 2020, the Board authorized a one-time waiver of the rollover cap on District Improvement Funds to make available in FY2021 funds that were unable to be spent due to the COVID-19 pandemic. 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 FY2021 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 is one DIF use proposed this month. Acceptance of this report by the Board constitutes Board approval of this request. August 2020 Request: Transfer up to $2,500 from the Clover Hill District Improvement Fund to the School Board. The funds will be utilized by Communities in Schools to fund the mentoring program across nine schools, helping to improve student attendance, reduce behavior referrals, and improve academics, all with the ultimate goal of promotion and graduation. The Board can legally transfer public funds to the School Board to fund programs for public educational purposes. DIF Balances To Date: Bermuda – Current Balance $54,776.56 (FY21 funding plus available reserves) Request Date Use Amount Total FY2021 Bermuda uses $0.00 Page 92 of 408 2 | Page DIF Report 8/26/2020 Clover Hill – Current Balance $38,120.82 (FY21 funding plus available reserves) Request Date Use Amount Proposed Communities in Schools mentoring program $2,500.00 Total FY2021 Clover Hill uses $2,500.00 Dale – Current Balance $89,469.71 (FY21 funding plus available reserves) Request Date Use Amount Total FY2021 Dale uses $0.00 Matoaca – Current Balance $64,227.81 (FY21 funding plus available reserves) Request Date Use Amount Total FY2021 Matoaca uses $0.00 Midlothian – Current Balance $93,017.00 (FY21 funding plus available reserves) Request Date Use Amount Total FY2021 Midlothian uses $0.00 Page 93 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 6.A. Subject: Pursuant to 1) Section 2.2-3711(A)(7), Code of Virginia, 1950, as Amended, for Consultation with Legal Counsel Regarding Specific Legal Matters Involving Riverside Regional Jail, Which Require the Provision of Legal Advice, 2) Section 2.2-3711(A)(8), Code of Virginia, 1950, as Amended, Pertaining to Actual Opioid Litigation Involving the County Where Discussion in an Open Meeting Would Adversely Affect the Litigating Posture of the County, and (3) Section 2.2-3711(A)(1), Code of Virginia, 1950, as Amended, Relating to the Performance of the County Administrator Board Action Requested: Summary of Information: Pursuant to 1) Section 2.2-3711(a)(7), Code of Virginia, 1950, as Amended, for consultation with legal counsel regarding specific legal matters involving Riverside Regional Jail, which require the provision of legal advice, 2) Section 2.2-3711(a)(8), Code of Virginia, 1950, as Amended, pertaining to actual opioid litigation involving the County where discussion in an open meeting would adversely affect the litigating posture of the County, and (3) Section 2.2-3711(a)(1), Code of Virginia, 1950, as Amended, relating to the performance of the County Administrator Attachments: None Preparer:Jeff Mincks, County Attorney Approved By: Page 94 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 10.A. Subject: School Capital Maintenance and Finance Update Board Action Requested: Summary of Information: Attachments: 1.10A - BOS MMNeedsPrioritization.08262020 Preparer: Approved By: Page 95 of 408 Capital Maintenance Program Update Board of Supervisors Josh Davis, Chief Operations Officer, CCPS August 26, 2020 Page 96 of 408 Maintenance Opportunity The County has an opportunity to work with CCPS to address Major and Preventive Maintenance needs ●Ability to secure cheaper funding due to low interest rates●CCPS has a robust backlog of Major Maintenance projects that additional funding can begin to address●Reinvesting existing debt service savings can better support Preventive and Recurring Maintenance needs●This is a promising step toward achieving long-term sustainability of our Maintenance programs Page 97 of 408 June 25, 2020 Page 3 High Schools: 13High Schools: 13 CCPS Schools 64 Schools within 65 Buildings Bellwood ES Bensley ES Beulah ES Bon Air ES Chalkley ES M Christian ES Clover Hill ES Crenshaw ES Crestwood ES Curtis ES Davis ES Ecoff ES Enon ES Ettrick ES Evergreen ES Falling Creek ES Gates ES Gordon ES Grange Hall ES Greenfield ES Bird HS Carver Academy Clover Hill HS Cosby HS T Dale HS Main T Dale HS West James River HS Manchester HS Matoaca HS Meadowbrook HS Midlothian HS Monacan HS CTC Courthouse CTC Hull Harrowgate ES Hening ES Hopkins ES Jacobs ES Matoaca ES Old Hundred ES Providence ES Reams ES Robious ES Salem Church ES E Scott ES A Smith ES Spring Run ES Swift Creek ES Watkins ES B Weaver ES Wells ES Winterpock ES Woolridge ES Bailey Bridge MS Carver MS Davis MS Falling Creek MS Manchester MS Matoaca MS Elementary Schools: 39 Middle Schools: 12 Thomas Dale HS Tech Centers 14 Buildings Midlothian MS Providence MS Robious MS Salem Church MS Swift Creek MS Tomahawk Cr MS Page 98 of 408 August 11, 2020 Page 4 •Preparing system-wide evaluation of HVAC components and range of upgrades to meet new standards •Identification of “quick hit” Filtration opportunities being implemented •Longer term modification planning next step CCPS Facilities COVID-19 Response Coordination across multiple teams and scopes Air Quality •Flow & volume •Filtration •Active sanitation Personal Hygiene •Facilities •Supplies •Behaviors Building Interiors •Cleaning •Housekeeping Methods •Procurement •Construction •Facilities •Planning Safe Schools Page 99 of 408 August 11, 2020 Page 5 HVAC Strategy development Cause for Filtration standards change Existing systemsNew / Evolving system needs •Coronavirus particles are smaller than the “typical” impurities the existing HVAC filtering systems are designed to eliminate •Existing systems require modification or replacement to enable higher filtering standards Example particle sizes Page 100 of 408 August 11, 2020 Page 6 HVAC Strategy development Quick Hit: Higher MERV filtration Lowest cost / non-commercial spaces Existing standards and typical range for CCPS school AHU(1) filters $$$ Specialty environments, e.g., chip manufacturing, high-risk applications ASHRAE(2) Covid-19 Recommendation (1) AHU == Air Handling Unit (2) American Society of Heating, Refrigerating and Air-Conditioning EngineersPage 101 of 408 August 11, 2020 Page 7 Air Quality Improvement Planning Utilize experts for design of replacements Process Steps HVAC Prototype Scope Actions complete Proof of concept Engage Engineering firm (Dewberry) & develop scope; define representative subset of schools to study Sept 2020 Cost / benefit evaluation Review design alternatives and extrapolate to all school buildings; prepare Rough Order of Magnitude budgets Dec 2020 Go / No-Go decision Final report and recommendations; affordability deliberations and confirmation of long-term, on-going need Mar 2021 Implementation planning Final designs, budget commitment, construction permits, procurement processes June 2021 Delivery Install system-wide solution(s)July-Nov 2021 Page 102 of 408 June 25, 2020 Page 8 Facility Condition Index = •Costs included for all building SYSTEM components •Building Value assumption = $218 / SF •FCI provides relative measure of Capital Need for buildings and systems investments •Multi-year Index most appropriate to assess overall Condition Capital Strategy Metrics: Facility Condition Index Site Structure Roof Vertical Envelope Interiors HVAC Plumbing Electrical(1) Elevators Fire Replacement Costs Building Value 10 System Component Segments 5-yr Building FCI (2020 – 2024) Assessment # CCPS Buildings FCI < 5%Good 4 5% < FCI < 10% Fair 21 10% < FCI < 60% Poor 40 > 60%Very Poor 0(1)Access Control Components are included in Electrical ❶ ❷ ❸ Page 103 of 408 June 25, 2020 Page 9 Major Maintenance Budgeting Prioritized Needs vs. ANNUAL Plans 1 yr FCI FY21-22 FY22-23 FY23-24 FY24-25 FY25-26 Annual Avg. >10%$9m $30m $6m $7m $19m $14m 5%- 10%$17m $28m $10m $7m $24m $17m <5%$10m $18m $17m $11m $19m $15m Annual $36m $75m $32m $24m $62m $46m $231m over 5 years ❶ ❷ ❸ •FCI-Level1 projects are highest priority because of scope and long-term benefits •Deferred projects will negatively impact FCI measures and increase higher priority Needs FCI-Level1 •Estimated Capital Needs total $231m between 2021-2025 •All EUL projects accomplished in 5 years with $46m annual budget •If smaller budgets are necessary, projects shifted to later years •Once Annual Budget LEVELS are set, prioritization and communication about individual projects will take place (Level 1 only) (Levels 1+2) (Levels 1+2+3) Annual FLAT Budget examples FCI-Level2 FCI-Level3 ❷ ❶ ❸ ❷ ❶ ❸ Page 104 of 408 •FY2021 PM budget is $2.9M with the following priorities: •HVAC •Elevator •Fire Protection •Plumbing Backflow Prevention•Budgeted PM funding shortfall is $4.3M•Allocating Debt Service savings will help offset this shortfall•Recurring repairs of HVAC and plumbing systems•Interiors (Painting), Electrical if possible Preventive Maintenance (PM) HVAC Roofing Access Control Fire Structure Electrical Plumbing Vertical Envelope Elevators Interiors Site Trailers Page 105 of 408 Major Maintenance Priority Projects for FY21 School Project Type Project Weaver ES HVAC Water Source Heat Pump / Boiler Replacement Curtis ES HVAC Water Source Heat Pump / Boiler Replacement Wells ES HVAC Water Source Heat Pump / Boiler Replacement Hopkins ES HVAC Water Source Heat Pump / Boiler Replacement Bailey Bridge MS HVAC Boiler Replacements Bellwood ES HVAC Rooftop Unit Replacement Manchester HS HVAC System Replacements Various Sites HVAC Kiln Room, Kitchen, Network Closet Venting Meadowbrook HS Roof Repair / Sector Replacement Matoaca MS Roof Repair / Sector Replacement Falling Creek ES Roof Repair / Sector Replacement Chalkley ES Roof Repair / Sector Replacement Thomas Dale HS (Main and West)Roof Repair / Sector Replacement Various MS Facilities Access Control Middle School CCTV Systems Five Sites in FY21, Four Sites in FY22 Various MS Facilities Access Control Exterior Door Access Control at MS Various HS Facilities Access Control Exterior Door Access Control at HS Various Sites Access Control SAM Box Installation Matoaca HS Site Track Resurfacing Various Sites Electrical Arc Flash Safety Repairs - Phase One Various Sites Structure/Vertical Envelope Structural Repairs Various Sites Plumbing Water Bottle Filling Stations All Sites Interiors Restroom Partitions Page 106 of 408 Major Maintenance Priority Project Categories Project Type Projected Expenditure FY21 (% of Budget) Projected Expenditure FY 22 to FY23 (% of Budget) HVAC 44%30% Roofing 11%15% Access Control 20%5% Structure / Vertical Envelope 3.5%14% Electrical 3%5% Fire 2%5% Site 3%6% Interiors 1.5%5% Plumbing 2% Equipment 2% Elevators 1% Contingency / Other 12%10%Page 107 of 408 Maintenance Opportunity The County has an opportunity to work with CCPS to address Major and Preventive Maintenance needs ●Ability to secure cheaper funding due to low interest rates●CCPS has a robust backlog of Major Maintenance projects that additional funding can begin to address●Reinvesting existing debt service savings can better support Preventive and Recurring Maintenance needs●This is a promising step toward achieving long-term sustainability of our Maintenance programs Page 108 of 408 Capital Maintenance Program Update Board of Supervisors Josh Davis, Chief Operations Officer, CCPS August 26, 2020 Page 109 of 408 Back-Up Slides Page 110 of 408 Major Maintenance in Year 2020 School District Year 2020 Projects Bellwood ES Bermuda Door Hardware Replacement, Exterior Door Access Control Bensley ES Bermuda Door Hardware Replacement, Exterior Door Access Control, Exterior Lighting Repairs Curtis ES Bermuda Exterior Door Access Control Ecoff ES Bermuda Door Hardware Replacement, Exterior Door Access Control, Exterior Light Pole Repair/Replacement Elizabeth N. Scott ES Bermuda Exterior Door Access Control, Exterior Light Pole Repair/Replacement Enon ES Bermuda Athletic Field Fencing, Exterior Admin Door, Storage Shed, Walking Trail Harrowgate ES Bermuda Replacement School Construction Marguerite F Christian ES Bermuda Door Hardware Replacement, Exterior Door Access Control Wells, CC ES Bermuda Door Hardware Replacement, Exterior Door Access Control, Parking Lot Expansion/Landscaping, Chiller Replacement (Winter '20) Carver MS Bermuda Door Hardware Replacement, Replace Pneumatics w/ DDC HVAC Controls, Tennis Court Repairs Elizabeth B. Davis MS Bermuda Exterior Door Access Control, Tennis Court Repairs Carver College & Career Academy Bermuda Gym Floor Resurfacing, Tennis Court Repairs Thomas Dale HS Bermuda CCTV, Gym Floor Resurfacing, Interior/Exterior Finishes (Richmond Symphony-related), Roof Repair/Replacement, Tennis Court Repairs Thomas Dale HS West Bermuda CCTV System, Chiller Replacements Page 111 of 408 Major Maintenance in Year 2020 School District Year 2020 Projects Crenshaw, Thelma ES Clover Hill Door Hardware Replacement, Exterior Door Access Control, Water Source Heat Pump / Boiler Replacement (Winter '20) Evergreen ES Clover Hill Door Hardware Replacement, Exterior Door Access Control, Replace 6 Rooftop HVAC Units, Replace Boiler Gordon, WW ES Clover Hill Door Hardware Replacement, Exterior Door Access Control, Replace Boilers Providence ES Clover Hill Door Hardware Replacement, Exterior Door Access Control, Water Source Heat Pump / Boiler Replacement (Winter '20) Reams Road ES Clover Hill Replacement School Construction Swift Creek ES Clover Hill Door Hardware Replacement, Exterior Door Access Control, Replace Boilers, Replace 5 Rooftop HVAC Units (Fall '20) Swift Creek MS Clover Hill Cooling Tower Replacement (Fall '20), Door Hardware Replacement, Tennis Court Repairs Tomahawk Creek MS Clover Hill Door Hardware Replacement, Tennis Court Repairs Clover Hill HS Clover Hill CCTV System, Door Hardware Replacement, Gym Floor Resurfacing, Locker Pod Classroom Conversions Monacan HS Clover Hill Door Hardware Replacement, Gymnasium Equipment and Seating Repairs / Maintenance, Tennis Court Repairs CTC @ Hull Street Clover Hill Page 112 of 408 Major Maintenance in Year 2020 School District Year 2020 Projects Beulah ES Dale Exterior Admin Door, Storage Shed, Walking Trail Falling Creek ES Dale Door Hardware Replacement, Exterior Door Access Control Gates, OB ES Dale Door Hardware Replacement, Exterior Door Access Control, Replace 4 Rooftop HVAC Units Hening, JG ES Dale Door Hardware Replacement, Exterior Door Access Control, K-pod Heat Pump Replacements, Replace Boilers Hopkins Road ES Dale Door Hardware Replacement, Exterior Door Access Control, Replace Boilers, Chiller Replacement (Winter '20) Jacobs Road ES Dale Exterior Door Access Control, Water Source Heat Pump / Boiler Replacement (Winter '20) Salem Church ES Dale Door Hardware Replacement, Exterior Door Access Control Bailey Bridge MS Dale Door Hardware Replacement, Replace Pneumatics W/ DDC HVAC Controls, Tennis Court Repairs Falling Creek MS Dale CCTV System, Door Hardware Replacement Salem Church MS Dale Door Hardware Replacement Bird, Lloyd C. HS Dale Band Tower Installation, Boiler Replacement, Door Hardware Replacement, Gym Floor Resurfacing, Replace Pneumatics W/ DDC HVAC Controls Meadowbrook HS Dale Band Tower Installation, Chiller Replacement (Winter '20), Door Hardware Replacement, Gym Floor Resurfacing, Gymnasium Equipment and Seating Repairs and Maintenance, Locker Pod Classroom Conversions, Tennis Court Repairs CTC @ Courthouse Dale CCTV System Page 113 of 408 Major Maintenance in Year 2020 School District Year 2020 Projects Alberta Smith ES Matoaca Door Hardware Replacement, Exterior Door Access Control, Exterior Light Pole Repair/Replacement Clover Hill ES Matoaca Exterior Door Access Control, Exterior Lighting Repairs Ettrick ES Matoaca Replacement School Construction Grange Hall ES Matoaca Door Hardware Replacement, Exterior Door Access Control, K-pod Heat Pump Replacements Matoaca ES Matoaca Replacement School Construction, Relocate Ettrick To Old Matoaca ES (W/ Trailer Installation) Spring Run ES Matoaca Door Hardware Replacement, Exterior Door Access Control, Exterior Light Pole Repair/Replacement, Chiller Replacement (Winter '20) Winterpock ES Matoaca Door Hardware Replacement, Exterior Door Access Control, Mega Trailer Utility Installation, Exterior Light Pole Repair/Replacement Woolridge ES Matoaca Exterior Door Access Control, Exterior Lighting Repairs Matoaca Middle East Matoaca Door Hardware Replacement, Exterior Door Access Control, Running Track Resurfacing, Replace Boilers Cosby HS Matoaca CCTV System, Gym Floor Resurfacing, Locker Pod Classroom Conversions, Tennis Court Repairs Manchester HS Matoaca Band Tower Installation, Door Hardware Replacement, Gym Floor Resurfacing, Gymnasium Equipment and Seating Repairs /Maintenance, Tennis Court Repairs Matoaca HS Matoaca CCTV System, Gym Floor Resurfacing, Locker Pod Classroom Conversions, Tennis Court Repairs Page 114 of 408 Major Maintenance in Year 2020 School District Year 2020 Projects Bon Air ES Midlothian Door Hardware Replacement, Exterior Door Access Control Chalkley, JA ES Midlothian Door Hardware Replacement, Exterior Door Access Control Crestwood ES Midlothian Replacement School Construction Davis, Am ES Midlothian Door Hardware Replacement, Exterior Door Access Control Greenfield ES Midlothian Door Hardware Replacement, Exterior Door Access Control Old Hundred ES Midlothian Exterior Admin Door, Storage Shed, Walking Trail Robious ES Midlothian Door Hardware Replacement, Exterior Door Access Control Watkins, JB ES Midlothian Door Hardware Replacement, Exterior Door Access Control, Exterior Lighting Repairs, K- pod Heat Pump Replacements Weaver, Bettie ES Midlothian Door Hardware Replacement, Exterior Door Access Control, Exterior Lighting Repairs Manchester MS Midlothian Replacement School Construction Midlothian MS Midlothian Door Hardware Replacement, Tennis Court Repairs Providence MS Midlothian Door Hardware Replacement, Tennis Court Repairs Robious MS Midlothian Door Hardware Replacement, Tennis Court Repairs, Track Resurfacing James River HS Midlothian CCTV System, Door Hardware Replacement, Tennis Court Repairs Midlothian HS Midlothian CCTV System, Door Hardware Replacement, Gym Floor Resurfacing, Replace Boilers, Tennis Court Repairs Page 115 of 408 Finance Update Board of Supervisors Meeting August 26, 2020 Page 116 of 408 Finance Overview Favorable market conditions, coupled with significant debt service savings from recent issuance and refinancings have created an opportunity for an additional new money deal Financing plan would allow funding for schools major maintenance and county road and drainage improvement projects (specific road/drainage projects being identified now) Actions Requested: adopt a resolution, grant authorization for financing plan, and set public hearing for 9/23/20 Also, requesting approval of a second contingency focused on economic development-related debt Page 117 of 408 Finance Overview Requested Issuance Amount EDA Revenue Bond $95M 2020A General Obligation Premium $7.6M Total $102.6 M Proposed Appropriation Amount Schools Major Maintenance $57M County Road and Drainage Improvements $45M Issuance Costs $0.6M Total $102.6 M Page 118 of 408 Finance Overview Schools Amoun t Rate Savings from 2020A GO (Avg. annual)$1.5M Refunding Savings (Avg. annual)$600K Estimated Debt Service on $50M (break even at around $35M) Approx. $3MCountyAmoun t Prior Refunding Savings (Avg. annual)$315K Requested Economic Development Refinancing (Estimated avg. annual)$100K Estimated Debt Service on $35M Approx. $2M* Also, eliminates balloon payment due in October; and removes variable rate risk Page 119 of 408 Finance Update Board of Supervisors Meeting August 26, 2020 Page 120 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 10.B. Subject: Recent Storm Update/Addison-Evans Info Board Action Requested: Summary of Information: Attachments: 1.10B - BOS Presentation on Flooding Event Preparer: Approved By: Page 121 of 408 CH E S T E R F I E L D C O U N T Y , V A 1 BOARD OF SUPERVISORS AUGUST 26, 2020 BOARD OF SUPERVISORS UPDATE FLOODING EVENTS OF AUGUST 15, 2020 Chief Loy Senter Fire & EMS Chief Scott Morris Assistant Director, Utilities Jess Robison Interim Coordinator, Emergency Management Falling Creek Reservoir DamPage 122 of 408 CH E S T E R F I E L D C O U N T Y , V A 2 BOARD OF SUPERVISORS AUGUST 26, 2020 Weather Event August 15, 2020: •Flash flooding began at approximately 7:15 a.m. •Widespread 8”-10” of rain. •Up to 12” in isolated areas. •700-year flood = 0.15% probability for such levels of precipitation. •August 2020 is 2nd wettest August on record for Metro- Richmond area and 4th wettest month in recorded history. Page 123 of 408 CH E S T E R F I E L D C O U N T Y , V A 3 BOARD OF SUPERVISORS AUGUST 26, 2020 Impacts Transportation: •Nearly 60 roads were impassible, including major highways. •Closures tracked through maps accessible in TEAMS. •Public referred to Virginia 511 for road conditions via Chesterfield Alert system. •Parks and Recreation and Environmental Engineering cleared 14 trees across roadways. Page 124 of 408 CH E S T E R F I E L D C O U N T Y , V A 4 BOARD OF SUPERVISORS AUGUST 26, 2020 Impacts Infrastructure: •Spring Run Road damaged. •Dams (Emergency Stage): •Woodland Pond •Swift Creek Reservoir •Falling Creek Reservoir •Swift Creek – Pocahontas •Beaver Lake – Pocahontas •Lakeview – Colonial Heights •Water treatment facilities and sanitary sewer damage. Spring Run Road WashoutPocahontas State Park Recreation Area Addison-Evans Water Treatment Plant Falling Creek Reservoir DamSpring Run Road Washout Page 125 of 408 CH E S T E R F I E L D C O U N T Y , V A 5 BOARD OF SUPERVISORS AUGUST 26, 2020 Response Emergency Management Actions: •Local Emergency Declaration •Virtual EOC activation Emergency Communications Volume: •732 911-calls; •2,218 non-emergency & administrative calls. Fire & EMS Demand: •178 incidents handled (+66%); •11 above-water rescues; •Assisted with Falling Creek evacuations. Police Activities: •537 incidents handled (+47%); •113 high-water calls; •Coordinated Falling Creek evacuations. Water Rescue – Otterdale Road Spring Run Road Cloverleaf Lake Apartments Page 126 of 408 CH E S T E R F I E L D C O U N T Y , V A 6 BOARD OF SUPERVISORS AUGUST 26, 2020 Response Falling Creek Evacuation: •Evacuation began at approx. 6:45 p.m. and concluded before midnight. •12 two-man teams (one PD, one Fire) went door to door notifying residents of evacuation. •ECC tracked evacuation status by address. •Meadowbrook High School shelter opened for evacuees: •19 evacuees arrived at the shelter; •4 evacuees housed overnight. •Animal Services opened shelter for evacuated pets. Falling Creek Evacuations Total Homes: 286 No answer: 74 (26%) Evacuated: 140 (49%) Stayed: 72 (25%) Page 127 of 408 CH E S T E R F I E L D C O U N T Y , V A 7 BOARD OF SUPERVISORS AUGUST 26, 2020 Impacts - Utilities Preparedness: •Emergency Operations Plans •Established Emergency Response Protocols •Reliable and Redundant Water Supply Page 128 of 408 CH E S T E R F I E L D C O U N T Y , V A 8 BOARD OF SUPERVISORS AUGUST 26, 2020 Impacts - Utilities •No disruption of water or wastewater service. •Repaired 10” aerial sewer line across Falling Creek. •Bailey Bridge Wastewater Pump Station flooded. •Repaired two waterlines adjacent to roadways that had been washed out due to flood conditions. •High flows at both wastewater treatment plants. Page 129 of 408 CH E S T E R F I E L D C O U N T Y , V A 9 BOARD OF SUPERVISORS AUGUST 26, 2020 Impacts - Utilities Addison-Evans Water Plant Flooding: •Proactively took plant offline to mitigate damages. •Seamlessly transitioned customers’ water supply; critical pump stations manned 24/7; no service interruptions. •Swift Creek Reservoir crested at approximately 3.5 feet over spillway. •Over 11 feet of standing water; basement filled with water; 4 feet of water on elevated first floor offices. •Addison-Evans Water Plant remains offline, assessing damage and replacing equipment. Page 130 of 408 CH E S T E R F I E L D C O U N T Y , V A 10 BOARD OF SUPERVISORS AUGUST 26, 2020 Impacts - Utilities Jahnke Road Pump Station: •On Aug. 16, service from City of Richmond was interrupted due to a flooding condition at their pump station. •Transitioned service area provided by Jahnke Road Pump Station to water supplied by third source; no service interruptions. •The City of Richmond and Chesterfield established a temporary feed on Hull Street Road. •Emergency Water Restrictions were established to maximize water capacity in the system and prevent any water-quality concerns. •Jahnke Road Pump Station feed was partially re -established, and restrictions were lifted on Aug. 21. Page 131 of 408 CH E S T E R F I E L D C O U N T Y , V A 11 BOARD OF SUPERVISORS AUGUST 26, 2020 Impacts - Utilities Mitigation of Future Events: •Previously applied for Pre-disaster Mitigation Grant Program – Application submitted on Oct. 31, 2018, for floodwall around Addison-Evans Water Treatment Plant. •Federal grant funding available for up to 75 percent of eligible costs with grant cap of $10M, current total estimated cost of the project is $11.56M. •Additional environmental assessment and hydraulic studies approved in July of 2020; work began in August of 2020. •Expect final grant approval in July of 2021. Currently providing environmental assessment and hydraulic studies for VDEM and FEMA for final approval; floodwall construction anticipated to be completed in late calendar year 2023 to early calendar year 2024. Page 132 of 408 CH E S T E R F I E L D C O U N T Y , V A 12 BOARD OF SUPERVISORS AUGUST 26, 2020 Recovery State Public Assistance: •Chesterfield County and Colonial Heights were the only localities in the region to declare a state of emergency. •Our local threshold to be considered for state assistance is $1.26M. Only local costs are eligible. •Our initial damage assessment was submitted to VDEM on Wednesday, August 19, 2020 in the amount of $2,791,821. •Actively working with our recovery team and VDEM to determine overall eligibility for State Public Assistance. Page 133 of 408 CH E S T E R F I E L D C O U N T Y , V A 13 BOARD OF SUPERVISORS AUGUST 26, 2020 Next Steps •Conduct after action meetings. •Refine plans by incorporating lessons learned. •Explore Survey 123 as a means to better collect and utilize field data during an event. •Continue adapting Microsoft Teams to fit the needs of departments operating within the virtual EOC. Page 134 of 408 CH E S T E R F I E L D C O U N T Y , V A 14 BOARD OF SUPERVISORS AUGUST 26, 2020 Safety Concerns Falling Creek Page 135 of 408 CH E S T E R F I E L D C O U N T Y , V A 15 BOARD OF SUPERVISORS AUGUST 26, 2020 Questions? www.chesterfield.gov facebook.com/chesterfieldVA Page 136 of 408 NATIONAL ASSOCIATION OF COUNTY PARK AND RECREATIONAL OFFICIALSEstablished 1964 NACPRO AWARDS Page 137 of 408 NACPRO AWARDS About us The annual NACPRO Awards recognize and honor excellence in parks and recreation at the county, regional, special district level throughout the nation. Page 138 of 408 Park & Rec Program - Class I Rec-n-Roll Mobile Playground Chesterfield County Parks and Recreation, VA NACPRO AWARDS Page 139 of 408 Page 140 of 408 NACPRO AWARDS Removing Barriers Initiative Adaptive Kayaking and Archery Chesterfield County Parks and Recreation, VA Page 141 of 408 Page 142 of 408 06 NACPRO AWARDS Page 143 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 12.A. Subject: Recognizing Ms. Jane H. Peterson, Planning and Special Projects Manager, Planning Department, Upon Her Retirement Board Action Requested: Adoption of the attached resolution. Summary of Information: Ms. Jane H. Peterson retires from the Planning Department on July 1,2020, after providing 34 years of service to the residents of Chesterfield County. Attachments: 1.Peterson - Resolution Preparer:Andrew Gillies, Director of Planning Approved By: Page 144 of 408 RECOGINIZING MS. JANE H. PETERSON UPON HER RETIREMENT WHEREAS, Ms. Jane H. Harrell, professionally known as Jane H. Peterson, retired from the Chesterfield Planning Department on July 1, 2020 after thirty-four years of dedicated service; and WHEREAS, Ms. Peterson began her service with Chesterfield County in 1985 as a Zoning Inspector; and WHEREAS, Ms. Peterson, as a result of her hard work and dedication, rose through the ranks of the Planning Department’s Development Review section, serving in positions of Planner and Senior Planner, managing the Customer Assistance Branch, then Subdivision Plans and Permitting Review; and WHEREAS, Ms. Peterson, in 1997 joined the newly created Zoning and Special Project team of the Planning Department, first serving as a Principal Planner, then Planning Administrator, Acting Assistant Director, and Planning Manager, with the responsibility for guiding the management of land use cases considered by the Planning Commission, Board of Supervisors and Board of Zoning Appeals as well as numerous special projects; and WHEREAS, Ms. Peterson, actively participated in approximately 600 Planning Commission and Board of Supervisors public hearings, and an untold number of community meetings, assisting in the negotiation of development proposals in the best interest of all; and WHEREAS, Ms. Peterson, was a valued member of a specially selected cross departmental team responsible for the development and ultimate adoption, of Moving Forward… The Comprehensive Plan for Chesterfield County, the first countywide comprehensive plan since 1976; and WHEREAS, Ms. Peterson later participated in the development and community outreach for the Ettrick VSU and Bon Air Special Area Plans, components of the comprehensive plan; and WHEREAS, Ms. Peterson, during her tenure, trained and mentored a multitude of young planners, always with patience and perseverance; and WHEREAS, Ms. Peterson, forged effective working relationships with the Planning Commission, Board of Supervisors, Board of Zoning Appeals, community associations, citizens and development community, as well as numerous county departments and state agencies, during the time Chesterfield County’s population grew from 166,556 to 349,000; and WHEREAS, Ms. Peterson served under a total of 21 different Planning Commissioners, and was appreciated by the Planning Commission and Board of Supervisors for her dedication, experience and professional judgement; and Page 145 of 408 WHEREAS, Ms. Peterson, consistently applied a fair, uniform and logical approach to development issues, exemplifying the creative ability to promote a comprehensive vision for the future and the technical expertise to execute that vision on a detailed level; and WHEREAS, Ms. Peterson continuously exerted a positive attitude and provided exemplary customer service; and WHEREAS, Ms. Peterson’s commitment to public service continued in her private life, including her love and compassion for animals through volunteer work with various county and nonprofit animal shelters; and WHEREAS, Ms. Peterson worked diligently to make Chesterfield County a first choice community to live, work and play for all citizens, today and in the future and where her mark will be felt by generations far into the future. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield Board of Supervisors, on this 26th day of August 2020, publicly recognizes the contributions of Ms. Jane H. Peterson, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for her service to the County and congratulations upon her retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Ms. Peterson and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Page 146 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 12.B. Subject: Recognizing Mr. Harry D. Baird, III, Fire & Emergency Medical Services, Upon His Retirement Board Action Requested: The adoption of the attached resolution. Summary of Information: Mr. Harry D. Baird III, retired from Fire & EMS after having provided over 28 years of service to the citizens of Chesterfield County. Attachments: None Preparer:Loy Senter, Fire Chief Approved By: Page 147 of 408 RECOGNIZING EMERGECNY MEDICAL SERVICES TRAINING PROGRAMS MANAGER HARRY D. BAIRD, III UPON HIS RETIREMENT WHEREAS, Harry D. Baird, III retired from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on August 1, 2020; and WHEREAS, Mr. Baird faithfully served the citizens of Chesterfield County for over 28 years; and WHEREAS, Mr. Baird provided a superior level of devotion and dedication to his work in the Training and Education Division; and WHEREAS, Mr. Baird received Exceptional Employee of the Year in 1996 as a result of his passion, excellence, and overall commitment that he provided to the organization; and WHEREAS, Mr. Baird maintained certifications as an EMT instructor/educational coordinator, CPR instructor, pre-hospital trauma life support instructor, and paramedic during his tenure; and WHEREAS, Mr. Baird taught numerous Emergency Medical Technician certification programs for both volunteer and career personnel during his tenure; and WHEREAS, Mr. Baird maintained a passion for imparting his knowledge of EMS with great empathy towards all those he encountered. He would frequently coordinate study sessions for his EMT programs late into the evening and on weekends to ensure students’ success in the program; and WHEREAS, Mr. Baird functioned as the American Heart Association training coordinator for Chesterfield Fire & EMS for numerous years; and WHEREAS, Mr. Baird coordinated and taught first aid training classes for numerous agencies within the county, including the Chesterfield Police Department, the Chesterfield Sheriff’s Department, and the Chesterfield Emergency Communications Center, the Virginia State Police and the Federal Bureau of Investigation; and WHEREAS, Mr. Baird continued his passion for EMS through service to his community as an active volunteer with Southside Virginia Emergency Crew for 20 years, and has remained a Life Member of that organization for the last 44 years; and WHEREAS, Mr. Baird maintains a calendar of significant dates to include birthdays, anniversaries, and the loss of a loved one of those within the department and would frequently contact individuals to wish them Happy Birthday or remind them that they were in his thoughts and prayers during difficult times. This exemplifies the character and compassion he displayed through his work and personal life; and Page 148 of 408 NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 26th day of August 2020, publicly recognizes the contributions of Harry D. Baird III, expresses the appreciation of all citizens for his service to the county, and extends appreciation for his dedicated service and their congratulations upon his retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Baird, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Page 149 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 12.C. Subject: Recognizing Ms. Laureen M. Evans, Library Department, Upon Her Retirement Board Action Requested: The adoption of the attached resolution. Summary of Information: Laureen Evans will retire from the Library Department, on August 29, 2020, after providing 29 years of service to the citizens of Chesterfield County. Attachments: 1.Evans Laureen Retirement Resolution 08262020 Preparer:Michael Mabe, Library Administrator Approved By: Page 150 of 408 RECOGNIZING MS. LAUREEN M. EVANS UPON HER RETIREMENT WHEREAS, Laureen M. Evans has been a valued employee at the Chesterfield County Public Library since April 22, 1991, beginning service as a part-time Library Page and, in less than six months, was promoted to a full-time Senior Library Assistant. On June 19, 2004, Ms. Evans began as a Customer Service Supervisor and completed her career as the Customer Service Supervisor at the Midlothian location of the Chesterfield County Public Library (CCPL); and WHEREAS, Ms. Evans has made customer service the focus of her 29-year library career; and WHEREAS, Ms. Evans supervised and expertly oversaw the development of many Chesterfield County Public Library employees motivating them by her work ethic and dedication to CCPL; and WHEREAS, early in Ms. Evans career, she ushered in a computerized checkout system replacing the stamped due date cards, and once again led library customer service staff through transition at the end of her career with the adoption of a new model of customer assistance; and WHEREAS, Ms. Evans was instrumental in the development of several customer focused and user-friendly training programs for the Library Web Catalog which included embedded video presentations; and WHEREAS, Ms. Evans has served on the Tech Council and has collaboratively contributed to many strategic decisions; and WHEREAS, Ms. Evans’ positivity, compassion and sense of humor has inspired and enriched the lives of those who have had the opportunity to work with her. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 26th day of August 2020, recognizes the outstanding contributions of Ms. Laureen Evans, expresses the appreciation of all residents for her loyal and dedicated service to Chesterfield County, and extends appreciation for her many years of service to the county and congratulations upon her retirement, as well as best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Ms. Evans, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Page 151 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 12.D. Subject: Recognition of 2020 Virginia Association of Counties (VACo) Achievement Award Winners Board Action Requested: Summary of Information: The county has received three Achievement Awards from the Virginia Association of Counties (VACo), including one of the program’s highest recognitions, the “Best Large County Achievement Award.” Mr. Dean Lynch, Executive Director for VACo, will present the VACo Awards. Further details for some of these award winners will be shared with the Board of Supervisors and the public at future board meetings. Attachments: None Preparer:Christopher "Matt" Harris, Deputy County Administrator Approved By: Page 152 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 13.A.1. Subject: Policy Board of the John Tyler Alcohol Safety Action Program Board Action Requested: Reappointment of Lieutenant Colonel Dan Kelly to the John Tyler ASAP Policy Board for a term from September 1, 2020 through August 31, 2023. Summary of Information: The John Tyler Alcohol Safety Action Program (ASAP) is governed by a Policy Board wherein each city and county governing body appoints one member to serve as a representative to the John Tyler ASAP Policy Board for a term of three years. Lieutenant Colonel Dan Kelly is willing to serve as a member of the John Tyler ASAP Policy Board and represent Chesterfield County should the Board of Supervisors choose to reappoint him to serve from September 1, 2020 through August 31, 2023. Under the existing Rules of Procedure, appointments to boards and committees may be nominated and appointed at the same meeting. Nominees are voted on in the order in which they are nominated. Attachments: None Preparer:Jeffrey Katz, Chief of Police Approved By: Page 153 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 13.A.2. Subject: Chesterfield-Colonial Heights Social Services Board Board Action Requested: Nominate/Appoint Heather Shortall to the Chesterfield-Colonial Heights Social Services Board Summary of Information: The purpose of the Social Services Board is to administer and provide oversight for the services rendered by the department. In collaboration with individuals, families and the community, our mission is to provide advocacy and excellent services that encourage self-sufficiency; preserve and restore families; and protect the well-being of children, the elderly and the disabled. Request the appointment of Ms. Heather Shortall (Midlothian resident) as a county At-large representative to the Social Services Board for a four-year term effective September 1, 2020 through June 30, 2024. Under the existing Rules of Procedure, appointments to boards and committees are nominated at one meeting and appointed at the subsequent meeting unless the Rules of Procedure are suspended by a unanimous vote of the Board members present. Attachments: None Preparer:Kiva Rogers, Executive Director Approved By: Page 154 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 13.A.3. Subject: Lower Magnolia Green Community Development Authority Board Action Requested: The Board is requested to appoint Sergeant Aaron Quenan to the Lower Magnolia Green Community Development Authority Board. Summary of Information: The Lower Magnolia Green Community Development Authority was created on August 22, 2007, for the purpose of issuing bonds to finance infrastructure improvements to serve the residents and businesses within the CDA District. Sergeant Quenan (Matoaca resident) has requested to serve a four-year, At-large term on the Board of the Lower Magnolia Green Community Development Authority, effective September 1, 2020 and expiring August 31, 2024. The Board of Supervisors concurs with this appointment. Under the existing Rules of Procedure, appointments to boards and committees may be nominated and appointed at the same meeting. Nominees are voted on in the order in which they are nominated. Attachments: None Preparer:Christopher "Matt" Harris, Deputy County Administrator Approved By: Page 155 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 13.B.1.a. Subject: Recognizing Captain Christopher H. Hawkins, Fire & EMS, Upon His Retirement Board Action Requested: The adoption of the attached consent resolution. Summary of Information: Captain Christopher H. Hawkins retired from Fire & EMS after having providing over 31 years of service to the citizens of Chesterfield County. Attachments: None Preparer:Loy Senter, Fire Chief Approved By: Page 156 of 408 RECOGNIZING CAPTAIN CHRISTOPHER H. HAWKINS UPON HIS RETIREMENT WHEREAS, Captain Christopher H. Hawkins retired from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield on August 1, 2020; and WHEREAS, Captain Hawkins attended Recruit School #20 in 1989 and has faithfully served the county for over thirty-one years; and WHEREAS, Captain Hawkins served in various assignments as a firefighter at the Bensley, Dale, and Dutch Gap Fire & EMS Stations, as a lieutenant at the Buford Fire & EMS Station, and as a captain at the Bensley Fire & EMS Station. During his tenure in Emergency Operations Captain Hawkins served on Trucks 14 and 3 at the Dutch Gap and Bensley Fire & EMS Stations respectively; and WHEREAS, Captain Hawkins served the organization as a lieutenant in the Training and Education Division managing the Fire In-service Program, developing and teaching programs not only for Chesterfield Fire & EMS, but also programs that were delivered on a regional scale benefiting fire service professionals throughout the Metro-Richmond area and beyond; and WHEREAS, Captain Hawkins served as the Lieutenant and Lead Instructor of Recruit School 38 in the Training and Education Division; and WHEREAS, Captain Hawkins served as the Captain of Primary Fire Programs in the Training and Education Division overseeing 16 Fire and Emergency Medical Services Recruit Schools; and WHEREAS, Captain Hawkins invested many years developing the organization’s newest members and mentoring the firefighters and officers in his cadre contributing to the ongoing effort to create a world class fire and emergency services department reflective of the community it serves; and WHEREAS, Captain Hawkins’ steadfast guidance, compassion, and candid input have been an enormous benefit to Chesterfield Fire and EMS, fostering a culture of pride and respect that spans generations of our workforce and will continue to benefit our community for years to come; and WHEREAS, Captain Hawkins received a Unit Citation for an automobile accident on September 13, 1993; a Unit Citation for the rescue of a twelve year old victim trapped inside a burning two story home on December 20, 1994; a unit citation for the fire that swept through the 58 unit apartment complex at Old Buckingham Station on May 19, 1995; an EMS Lifesave Award for his assistance in the treatment and transport of a critical patient involved in a motorcycle accident on June 1, 2002; a Lifesave Award for his bravery and skill demonstrated under extremely dangerous conditions during the rescue of a subject who was pinned after a trench collapsed in the City of Richmond on March 25, 2009; and Page 157 of 408 WHEREAS, Captain Hawkins was awarded Career Officer of the Year in 2008; and County Employee of the Year for Chesterfield Fire & EMS in 2009; and WHEREAS, Captain Hawkins served as an emergency medical services provider at the paramedic level providing compassionate care and advanced life support for the sick and injured since 1995, and as a member of the Technical Rescue Team since 1996; and NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the contributions of Captain Christopher H. Hawkins, expresses the appreciation of all residents for his service to the county, and extends their appreciation for his dedicated service and their congratulations upon his retirement. Page 158 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 13.B.1.b. Subject: Recognizing Career Deputy Gill M. Muscat, Jr., Sheriff's Office, Upon His Retirement Board Action Requested: Adoption of the attached resolution. Summary of Information: Career Deputy Gill M. Muscat, Jr. retires from the Sheriff's Office after providing over 26 years of service to the residents of Chesterfield County. Attachments: 1.Gill Muscat Resolution Preparer:Pam Lester, HR Specialist Approved By: Page 159 of 408 RECOGNIZING CAREER DEPUTY GILL M. MUSCAT, JR. UPON HIS RETIREMENT WHEREAS, Career Deputy Gill Muscat has faithfully served Chesterfield County for 26 years; and WHEREAS, December 20th of 1993, Career Deputy Gill Muscat joined the Chesterfield County Sheriff’s Office as a deputy under then Sheriff Clarence G. Williams, and faithfully served Clarence G. Williams, Jr., Sheriff Dennis S. Proffitt; and current Sheriff Karl S. Leonard; and WHEREAS, Career Deputy Gill Muscat has demonstrated his versatility, skill and strong work ethic in a wide range of departmental assignments in both the Correctional and Court Services sections of the department; and WHEREAS, on January 21st of 2012, Career Deputy Gill Muscat met all requirements to qualify as a Deputy First Class, on October 8th of 2014, Career Deputy Gill Muscat met all requirements to obtain the status of Master Deputy, on July 13th of 2019, Career Deputy Gill Muscat met all requirements to obtain the status of Career Deputy; and WHEREAS, Career Deputy Gill Muscat served on the Sheriff’s Office Process Action Team for the selection of new paint scheme and emergency lighting equipment for Sheriff’s Office cruisers; and WHEREAS, Career Deputy Gill Muscat served on the Sheriff’s Office Process Action Team for the selection of new 9mm holster transition; and WHEREAS Career Deputy Gill Muscat served as member of the Sheriff’s Office Senior in Touch Program, Sheriff’s Office Honor Guard, Sheriff’s Office Community Relations Program; and WHEREAS, Career Deputy Gill Muscat is a Member of the Virginia Sheriffs’ Association; and WHEREAS, through the years, Career Deputy Gill Muscat has supported Chesterfield County, the Sheriff’s Office and county citizens through participation in numerous activities such as Shop with A Cop, Special Olympics, National Night Out and Inmate Outreach Program; and Page 160 of 408 WHEREAS, Career Deputy Gill Muscat has aided in ensuring that employees of the Sheriff’s Office meet the highest standards by serving as a field training officer; and WHEREAS, Career Deputy Gill Muscat received numerous letters of appreciation and commendation for his dedication and service to the employees and citizens of Chesterfield County; and WHEREAS, Career Deputy Gill Muscat was selected as Employee of the Quarter in 1996; and WHEREAS, Career Deputy Gill Muscat received the Exceptional Performance in Community Services Award; and WHEREAS, Career Deputy Gill Muscat received a Unit Citation Award for Honor Guard; and WHEREAS, Career Deputy Gill Muscat has been actively involved in supporting the Virginia Special Olympics for several years; and NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Career Deputy Gill Muscat, expresses the appreciation of all residents for his service to Chesterfield County and extends appreciation for his dedicated service to the county and congratulations upon his retirement, as well as best wishes for a long and happy retirement. Page 161 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 13.B.1.c. Subject: Recognizing Mr. Stephen Wilson, Information Systems Technology Department, Upon His Retirement. Board Action Requested: The adoption of the attached consent resolution. Summary of Information: Stephen Wilson retired from the Information Systems Technology Department after providing 22 years of service to Chesterfield County. Attachments: 1.Stephen Wilson Resolution 2020 Preparer:Barry Condrey, CIO, Information Systems Technology Approved By: Page 162 of 408 RECOGNIZING Mr. Stephen R. Wilson UPON HIS RETIREMENT WHEREAS, Mr. Stephen R. Wilson will retire from the Chesterfield County Information Systems Technology Department on July 1, 2020, after providing 22 years of quality service to the citizens of Chesterfield County; and WHEREAS, Mr. Wilson began his career in the Police Department in January 1998 as an Automation Coordinator; and WHEREAS, Mr. Wilson served in the capacity of Automation Coordinator, Senior Automation Analyst, IT Specialist III, CAD System Administrator and Taxation Management System Administrator and consistently exceeded expectations in his annual reviews; and WHEREAS, Mr. Wilson has been a key contributor to many projects in the Police Department including the Records Management System Front End, Field Based Reporting, Police Operational Data Store, Police Property and Evidence Management System and Telestaff System rollout, and many other operational support efforts; and WHEREAS, Mr. Wilson has been a key contributor to many projects in the Information Systems Technology Department including maintenance and operation of the WebEOC system, Computer Aided Dispatch system, Taxation and Management system, DSX Video Security system, and Telestaff system upgrades; and WHEREAS, Mr. Wilson has been recognized many times for superior performance and commitment to his customers and has received special recognitions and accolades for his timely and thoughtful support; and WHEREAS, Mr. Wilson contributed his time for many years to the Information Systems Technology Department as the department photographer, always willing to volunteer his expertise; and WHEREAS, Mr. Wilson has provided excellent customer service throughout his career and served as a model for his co-workers in the Information Systems Technology Department; and WHEREAS, Mr. Wilson has been a valued friend and co-worker to many in the Information Systems Technology Department, demonstrating his pleasant personality, always willing to help his coworkers and commit his time generously; and NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 26th day of August 2020, extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Page 163 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 13.B.1.d. Subject: Recognizing Mrs. Rhonda Barker, Department of Social Services, Upon Her Retirement Board Action Requested: The adoption of the attached resolution. Summary of Information: Mrs. Rhonda Barker retired from the Department of Social Services on July 31, 2020 after 18 years of dedicated service to the citizens of Chesterfield County and City of Colonial Heights. Attachments: 1.Rhonda Barker Resolution Preparer:Kiva Rogers, Executive Director Approved By: Page 164 of 408 RECOGNIZING MRS. RHONDA BARKER UPON HER RETIREMENT WHEREAS, Mrs. Rhonda Barker began her tenure of public service with Chesterfield County as a Permanency Secretary with the Chesterfield - Colonial Heights Department of Social Services on March 4, 2002; and WHEREAS, in her role as Permanency Secretary, Mrs. Barker provided vital support to child welfare staff, ensuring all needed administrative functions and Foster Care Title IV-E functions were performed accurately and timely for children receiving foster care and adoption services; and WHEREAS, Mrs. Barker was acknowledged for her assistance in the Foster Care Unit, she was recognized for her willingness to help and cross train others during times of change and implementation of new systems; and WHEREAS, Mrs. Barker established a reputation of being a team player and collaborating with other units and County Departments; and WHEREAS, in addition to timely and accurately processing of IV-E applications for children entering foster care, she monitored and processed changes in placements, completed payments for foster children and local foster homes, and was known as a subject matter expert in the area of Foster Care IV- E; and WHEREAS, throughout her career Mrs. Barker has been steadfast in her commitment to children and families of Chesterfield County and the City of Colonial Heights, and her efforts have aided the department in successfully meeting key performance goals; and NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes Mrs. Rhonda Barker and extends on behalf of its members and the citizens of Chesterfield County, appreciation for her service to the county, congratulations upon her retirement, and best wishes for a long a happy retirement. Page 165 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 13.B.1.e. Subject: Recognizing Mrs. Lynda W. Wray, Police Department, Upon Her Retirement Board Action Requested: The adoption of the attached resolution. Summary of Information: Mrs. Lynda W. Wray will retire from the Police Department after having provided over 25 years of service to the citizens of Chesterfield County. Attachments: 1.Wray - Resolution Preparer:Jeffrey Katz, Chief of Police Approved By: Page 166 of 408 RECOGNIZING LYNDA W. WRAY UPON HER RETIREMENT WHEREAS, Lynda W. Wray will retire from the Chesterfield County Police Department on September 1, 2020 after providing over 25 years of outstanding service to the residents of Chesterfield County; and WHEREAS, Mrs. Wray’s county service began in 1995 at the Chesterfield County Circuit Court where she served as a Deputy Clerk III. In 1998, she continued her career at the Chesterfield County Police Department where she served as a Secretary, Senior Human Resources Technician, Human Resources Specialist, Human Resources Analyst, and Senior Human Resources Analyst; and WHEREAS, Mrs. Wray has been a valuable asset to the Police Personnel Unit and the Police Department as a whole; and WHEREAS, Mrs. Wray was the initial employee to manage the department’s employee identification and proximity card system for secure building access; and WHEREAS, Mrs. Wray was one of the project leaders for the complete redesign of the Police Human Resources Division which provided a more professional looking administrative area to welcome police officer candidates; and WHEREAS, Mrs. Wray was dedicated to process improvements that enhanced efficiency. She developed, implemented and continuously updated a police officer applicant tracking database system and created on-line white boards to aid in applicant management, monitor employee activities and assist in keeping police department management updated on employment processes; and WHEREAS, Mrs. Wray was the coordinator of the police officer hiring process timeline, allowing for synchronization of events between the Personnel and Training Divisions for the start of academy recruit classes; and WHEREAS, Mrs. Wray managed the police department’s employment function overseeing the training and development of background investigators, educating them in the various processes of the division and providing guidance on procedural issues; and WHEREAS, Mrs. Wray and her co-workers successfully planned and coordinated the implementation of police officer applicant testing; and WHEREAS, Mrs. Wray received two Unit Citations in recognition of her contributions to two different Personnel Division initiatives. The two initiatives were to reengineer and accelerate the police officer hiring process and increase recruiting strategies to more effectively market the police officer position with the objective of filling all vacant police officer positions; and WHEREAS, Mrs. Wray was genuinely dedicated to hiring police officers that would positively contribute to making Chesterfield County a more safe Page 167 of 408 and secure environment in which to live and work; WHEREAS, Mrs. Wray is recognized for her strong work ethic, her teamwork, and her excellent human relations skills which she has utilized effectively with all areas within the Police Department; and WHEREAS, Mrs. Wray has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Mrs. Wray's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors publicly recognizes Lynda W. Wray and extends on behalf of its members and the residents of Chesterfield County, appreciation for her service to the county, congratulations upon her retirement, and best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mrs. Wray, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Page 168 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 13.B.1.f. Subject: Resolution Supporting Construction of The Station at Chester Village Using Proceeds from Taxable Bonds Issued by the Virginia Housing Development Authority Under Their Mixed-Income Program Board Action Requested: Adoption of the attached resolution that will allow construction financing through the VHDA mixed-income program. Summary of Information: The Station at Chester Village is a proposed 201-unit apartment complex located along the west line of Chester Road in the northeast quadrant of West Hundred Road and Chester Road. It is comprised of 5 parcels with addresses 11810, 11812, 11818, 11910, and 11912 Chester Road. The developer for the apartments, Wexler Chester, LLC., has applied for financing through VHDA’s mixed-income program. To qualify for VHDA financing, state law requires that the Board of Supervisors pass a resolution supporting development of the mixed-income project. The benefit of this program to Chesterfield County is its inclusion of affordable housing as a percentage of the total housing allowed. The HUD median household income for Chesterfield County for FY 2020 is $89,400. For this loan, the requirement is for at least 20 percent of the dwellings to be leased to persons making no more than $71,520 (80 percent of the County’s median income), and the remaining 80 percent of the dwelling units will not be restricted. For the developer to obtain this financing, the Chesterfield County Board of Supervisors shall by resolution make a determination that providing residential housing and supporting facilities that serve people of low to moderate income will be enhanced if a portion of the units therein are occupied or held available for occupancy by people who are not of low and moderate income. Background information including location map, site plan, elevations and unit information is attached. There are no costs to the county associated with the mixed-income project and no county debt will be created through the VHDA financing applied for by the developer. Staff recommends that the Board adopt the attached resolution. Page 169 of 408 Attachments: 1.Chester Station BOS Resolution 2.Chester Station EXHIBIT A pdf 3.Chester Station Location Map and Site Plan Preparer:Andrew Gillies, Director of Planning Andrea Peeks, Director of Budget and Management Approved By: Page 170 of 408 A RESOLUTION CONCERNING THE STATION AT CHESTER VILLAGE PROJECT WHEREAS, the Board of Supervisors of the County of Chesterfield, Virginia, desires to make the determination required by Section 36-55.30:2.B of the Code of Virginia of 1950, as amended, in order for the Virginia Housing Development Authority to finance the economically mixed project (the “Project”) described on Exhibit A attached hereto: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA THAT: 1. the ability to provide residential housing and supporting facilities that serve persons or families of lower or moderate income will be enhanced if a portion of the units in the Project are occupied or held available for occupancy by persons and families who are not of low and moderate income; and 2. private enterprise and investment are not reasonably expected, without assistance, to produce the construction or rehabilitation of decent, safe and sanitary housing and supporting facilities that will meet the needs of low and moderate income persons and families in the surrounding area of the Project and this Project will induce other persons and families to live within such area and thereby create a desirable economic mix of residents in such area. Adopted by the Board of Supervisors of the County of Chesterfield, Virginia, on the ____ day of ____________, 2020. Page 171 of 408 EXHIBIT A Architectural View of Proposed Apartments GENERAL INFORMATION Location Existing Zoning and Land Use R-MF; Single Family house and Vacant Size 6.7 Acres Number of Apartment Units 201 Units: (65) 1-bedroom, (126) 2-bedroom, (10) 3-bedroom Page 172 of 408 Location Map Site Layout Chester Road Page 173 of 408 A RESOLUTION TO CONFIRM AND CONSENT TO THE DECLARATION OF A LOCAL EMERGENCY WHEREAS, a threat to life, property and the environment exists due to localized heavy rainfall in Chesterfield County on August 15, 2020 that created widespread severe flooding and potential dam failures, which resulted in evacuations and damage to local infrastructure. WHEREAS, pursuant to the authority granted by § 44-146.21(A) of the Code of Virginia, Dr. Joseph P. Casey, County Administrator, as Director of Emergency Management for the County of Chesterfield, Virginia, declared the existence of a local emergency at 0800 on August 15, 2020 in order to provide preparedness, response, recovery and other activities to protect life, property, and operations threatened by the effects of severe flooding; and WHEREAS, the flood event created significant impacts on the County, including reduced public safety services, healthcare services, and County resources; and WHEREAS, the effects of the severe flooding constitute a disaster as described in § 44-146.16 of the Code of Virginia; and WHEREAS, in accordance with the local emergency declaration and § 44-146.21 of the Code of Virginia, the County’s Emergency Operations Plan was activated and all furnishing of aid and assistance thereunder was authorized, and the County Administrator, as the Director of Emergency Management, is hereby authorized by this Board to undertake all further 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 at its public meeting held this 26th day of August: 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 have been and will be 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 174 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 13.B.2.a.1. Subject: Acceptance of a Parcel of Land Along Iron River Drive from Iron Mill Development Company, LLC Board Action Requested: Accept the conveyance of a parcel of land containing 0.061 acres along Iron River Drive from Iron Mill Development Company, LLC and authorize the County Administrator to execute the deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of a parcel of land containing 0.061 acres along Iron River Drive from Iron Mill Development Company, LLC. This conveyance is for the development of Iron Mill Section 3, is on the County Thoroughfare Plan and has been reviewed by Planning, Environmental Engineering and Transportation Departments. Approval is recommended. Attachments: 1.Iron Mill Development Company, LLC sketch 2.Iron Mill Development Company, LLC Plat Preparer:Dean Sasek, Real Property Manager Approved By: Page 175 of 408 I R O N R I V E R D R C L A I M O N T M I L L D R ECOFF AVE BERKLEY MILL DR Board of Supervisors Meeting - August 26, 2020Acceptance of a Parcel of Land Along Iron River Drive from Iron Mill Development Company, LLC Chesterfield CountyReal Property Office 1 inch = 200 feetPulleyK 07-06-2020 µ 0.061 Acre Dedication Page 176 of 408 2,669 SO. FEET OR 0.061 ACRES TO BE DEDICATED . . . .. .. .. ....... • . • C2 • • ..... ....... C1. -N/ tri Pr) EXISTING 100' VEPCO EASEMENT DB. 125 PG. 145 1.49' N70'04'34"W N 3655499. 76 E 11784721.41 N 3655599.85 E 11784753.34 4 C.3 ................ • • . ........ . . .... . • IRON MILL DEVELOPMENT COMPANY, LLC GP1N: 784655062000000 DS. 12698 PG. 405 #5011 ECOFF AVE L=93.97' R=835.00' .6=626'52" TAN= 47. 03' CH0=93.92' BRG-N 20:55'10"E o ,aC it '0 CURVE TABLE CURVE RADIUS LENGTH DELTA CHORD BEARING CHORD DIST Cl 25.00' 38.30' 87'46'18" N2611'25"W 34.66' C2 272.50' 1737' 3'39'11" N7154'10"W 1737' C3 32750' 18.56' 374'49" S72 197'17"E 18.56' C4 25.00' 40.06' 9148'24" N63*35'56"E 35.91' GRAPiiiC SCALE 60 J AS D SK P R OJ \2 0 30 0 15 30 ( IN FEET ) 1 inch = 30 ft. THIS PLAT IS SUBJECT TO ANY EASEMENT OF RECORD AND OTHER PERTINENT FACTS WHICH A TITLE SEARCH MIGHT DISCLOSE. THIS DOES NOT REPRESENT A CURRENT FIELD SURVEY Ca PROJECT# co. SI TE# DRAWN BY: SDF PLAT SHOVING a 061 ACRES OF LAND TO BE DEDICATED ACROSS THE PROPERTY OF IRON MILL DEVELOPMENT COMPANY, LLC BERMUDA DISTRICT CHESTERFIELD COUNTY, VIRGINIA SCALE: 1" = 30' MAY 6, 2020 Townes site ENC3INEEFUNC3 1 PARK WEST CIRCLE, SUITE 108 MIDLOTHIAN, WRGINIA 23114 PHONE: (804) 748-9011 FAX: (804) 748-2590 CHECKED BY Page 177 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 13.B.2.a.2. Subject: Acceptance of a Parcel of Land Adjacent to Ruffin Mill Road from Carrie Coyner, Trustee of the Goodrich River Trust Board Action Requested: Accept the conveyance of a parcel of land containing 1.31 acres adjacent to Ruffin Mill Road from Carrie Coyner, Trustee of the Goodrich River Trust, 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 1.31 acres adjacent to Ruffin Mill Road from Carrie Coyner, Trustee of the Goodrich River Trust. This conveyance is for the development of CW Wright Office/Shop Ashton Park Drive and has been reviewed by the site plan team. Approval is recommended. Attachments: 1.Goodrich River Trust Dedication Sketch 2.Goodrich Rivers Trust Dedication Plat Preparer:Dean Sasek, Real Property Manager Approved By: Page 178 of 408 R U F F I N M I L L R D PORT WALTHALL DR A S H T ON PA R K D R R U F F I N M I L L P L S A B R A W A Y RUFFIN MILL CT M A J E S T I C C R E E K C T Board of Supervisors Meeting - August 26, 2020Acceptance of a Parcel of Land Adjacent to Ruffin Mill Road from Carrie Coyner, Trustee of the Goodrich River Trust Chesterfield CountyReal Property Office 1 inch = 600 feet µ 1.31 Acre Dedication Page 179 of 408 Page 180 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 13.B.2.a.3. Subject: Acceptance of Parcels of Land Adjacent to Woolridge Road and Grandin Avenue from Woolridge Development, LC Board Action Requested: Accept the conveyance of 3 parcels of land containing a total of 0.016 acres adjacent to Woolridge Road and Grandin Avenue from Woolridge Development, LC and authorize the County Administrator to execute the deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of 3 parcels of land containing a total of 0.016 acres adjacent to Woolridge Road and Grandin Avenue from Woolridge Development, LC. This conveyance is for the development of Watercrest Assisted Living Facility and has been reviewed by the site plan team. Approval is recommended. Attachments: 1.Woolridge Development LC Dedication Sketch 2.Woolridge Development, LC Dedication Plat Preparer:Dean Sasek, Real Property Manager Approved By: Page 181 of 408 W O O L R I D G E R D F O X L I G H T P K W Y H I D D E N F A L L S D R F I R E L I G H T T E R F O X V A L E W A Y W I N D Y RI D G E R D FOX MARSH DR M A R S H L I G H T L N T I M B E R B L U F F P K W Y F O X C O V E C I R F O X L A K E T E R D U S K L I G H T T E R W I N D Y R I D G E D R HIGH FALLS DR M O S S L I G H T P L W I N D Y R I D G E T E R F O X M A R S H P L R E D F E R N C T MOSS FIRE CT H O U N D M A S T E R R D S A N D Y S H O A L S T E R F O X M A R S H C T HI D D E N F A L L S P L Board of Supervisors Meeting - August 26, 2020Acceptance of Parcels of Land Adjacent to Woolridge Road and Grandin Avenue from Woolridge Development, LC Chesterfield CountyReal Property Office 1 inch = 600 feet µ 0.012 Acre Dedication 0.002 Acre Dedication 0.002 Acre Dedication Page 182 of 408 J:\ 1 5 \ 5 0 \ 5 4 1 5 0 1 5 9 . 0 0 W O O L R I D G E T R A C T \ S U R V E Y \ D R A W I N G S \ 5 4 1 5 0 1 5 9 R O W D E D I C A T I O N 2 . d w g 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 PR E L I M I N A R Y 07-08-2020 CO. PLAN #19PR0243 CO. PROJ #19-0140 DATE: 07-08-2020 SCALE: 1" = 100' JOB: 54150159.00 DRAWN BY: WRL CHECKED BY: CMF SHEET 1 OF 1 PARCEL 'A' SCALE: 1" = 30' PARCEL 'C' SCALE: 1" = 30' Page 183 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 13.B.2.a.4. Subject: Acceptance of Parcels of Land Adjacent to Genito Road from Deerhill Properties, LLC Board Action Requested: Accept the conveyance of 7 parcels of land containing a total of 0.425 acres adjacent to Genito Road from Deerhill Properties, LLC and authorize the County Administrator to execute the deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of 7 parcels of land containing a total of 0.425 acres adjacent to Genito Road from Deerhill Properties, LLC. This conveyance is for the development of Genito Industrial Park and has been reviewed by the site plan team. Approval is recommended. Attachments: 1.Deerhill Properties LLC Dedication Sketch 2.Deerhill Properties, LLC Dedication Plat Preparer:Dean Sasek, Real Property Manager Approved By: Page 184 of 408 GENITO RD W A R B R O R D P E A S E R D B R O O K F O R E S T R D S O U T H R I D G E D R D E E R H I L L R D MCMANAWAY DR S H I L O H C H U R C H R D DEW LN T A M M A W A Y D R D E E R H I L L L N O A K L A K E B L V D T I M B E R C R E S T C T GARDENGATE RD DUCK RIVER RD R E S P E S S R D D U C K R I V E R C T D E E R T R E E P L H O L L Y G L E N C T DEERHILL CT DEE R GR OV E R D SOUTH RIDGE TER MCKENNA CIR BIGELOW RD GENITO RD Board of Supervisors Meeting -August 26, 2020Acceptance of Parcels of Land Adjacent to Genito Road from Deerhill Properties, LLC Chesterfield CountyReal Property Office 1 inch = 600 feet µ 0.063 Acre Dedication 0.069 Acre Dedication 0.018 Acre Dedication 0.084 Acre Dedication 0.063 Acre Dedication 0.062 Acre Dedication 0.066 Acre Dedication Page 185 of 408 J:\ 1 9 \ 5 0 \ 5 6 \ 5 6 1 9 0 0 4 4 . 0 0 G E N I T O I N D U S T R I A L P A R K P L A N M O D I F I C A T I O N \ S U R V E Y \ D r a w i n g s \ 5 6 1 9 0 0 4 4 _ R W D E D I C A T I O N . d w g PLANNERS / ARCHITECTS / ENGINEERS / SURVEYORS ROANOKE / RICHMOND / NEW RIVER VALLEY / STAUNTON / HARRISONBURG / LYNCHBURG DATE: SCALE: 1" = JOB: DRAWN BY:KTL 54190044.00 60' 06-15-2020 CHECKED BY:CMF SHEET OF1 115871 City View Drive, Suite 200 / Midlothian, Virginia 23113 / Phone (804) 794-0571 / www.balzer.cc PRE L I M I N A R Y 6-12-2020 Page 186 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 13.B.2.a.5. Subject: Acceptance of Parcels of Land Adjacent to Hull Street Road from 8424 Hull Street Road, LLC Board Action Requested: Accept the conveyance of 2 parcels of land containing a total of 0.0174 acres adjacent to Hull Street Road from 8424 Hull Street Road, LLC 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 0.0174 acres adjacent to Hull Street Road from 8424 Hull Street Road, LLC. This conveyance is for the development of Diversity Parking Expansion and has been reviewed by the site plan team. Approval is recommended. Attachments: 1.8424 Hull Street Road LLC Dedication Sketch 2.8424 Hull Street Road LLC Dedication Plat Preparer:Dean Sasek, Real Property Manager Approved By: Page 187 of 408 H U L L S T R E E T R D H I C K S R D RA M S XI N G L U T O N R D D O W D L N L O C K H A R T R D MT GILEAD BLVD HUNTWOOD RD TANBARK RD BROADSTONE RD S N Y D E R R D L L A M A L N WALMSLEY BLVD W Y N T R E B R O O K E D R L Y N D A L E D R ASTO R RD B A G E T T E R D EWES CT LI B R O L O O P H U N T O N C I RFOXGLOVE R D R A M S C T D E N B A R K D R DOWD CT F A L L B R O O K E D R SUMMERBROOKE DR C A R D I F F R D I V Y B R I D G E X I N G LUTO N CT E A G L E R U N L N BIRKDALE LN LYNDALE CT WYNTREBROOKE CT H U L L S T R E E T R D H U N T O N C I R Board of Supervisors Meeting - August 26, 2020Acceptance of Parcels of Land Adjacent to Hull Street Roadfrom 8424 Hull Street Road, LLC Chesterfield CountyReal Property Office 1 inch = 600 feet µ 0.0007 Acre Dedication 0.0167 Acre Dedication Page 188 of 408 Page 189 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 13.B.2.a.6. Subject: Acceptance of a Parcel of Land Adjacent to Bellwood Road from CBM Properties, LLC Board Action Requested: Accept the conveyance of a parcel of land containing 0.113 acres adjacent to Bellwood Road from CBM Properties, LLC and authorize the County Administrator to execute the deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of a parcel of land containing 0.113 acres adjacent to Bellwood Road from CBM Properties, LLC. This conveyance is for the development of Finley’s Stoneyard and has been reviewed by the site plan team. Approval is recommended. Attachments: 1.CBM Properties LLC Dedication Sketch 2.CBM Properties LLC Dedication Plat Preparer:Dean Sasek, Real Property Manager Approved By: Page 190 of 408 S I - 9 5 N I - 9 5 B E L L W O O D R D J E F F E R S O N D A V I S H W Y S H E L L R D F O R T D A R L I N G R D NORCLIFF RD C H E S T E R R D M Y R O N A V E P A M S A V E P E R R Y M O N T R D B U R G E A V E B A L L A N D S T D W I G H T A V E G R E S H A M A V E G E T T I N G S L N B E L W O O D S T 6 T H S T M E T R O C T D G S C B E L L W O O D D R L R D C R O S S S T J E F F E R S O N D A V I S H W Y Board of Supervisors Meeting - August 26, 2020Acceptance of a Parcel of Land Adjacent to Bellwood Road from CBM Properties, LLC Chesterfield CountyReal Property Office 1 inch = 600 feet µ 0.113 Acre Dedication Page 191 of 408 J:\ 1 9 \ 5 0 \ 5 6 \ 5 6 1 9 0 0 3 4 . 0 0 B E L L W O O D R O A D S T O N E Y A R D \ S U R V E Y \ D r a w i n g s \ 5 6 1 9 0 0 3 4 R W D E D I C A T I O N . d w g 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 08-05-2020 DATE: 08-05-2020 SCALE: 1" = 50' JOB: 56190034.00 DRAWN BY: WRL CHECKED BY: CMF SHEET 1 OF 1 CO. PLAN #20PR0176 CO. PROJ #19-0169 Page 192 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 13.B.2.b.1. Subject: Request to Quitclaim a Variable Width Temporary Reduced Imperviousness Best Management Practice Easement across the Property of John P. Kirwan, Jr. and Becky H. Kirwan Board Action Requested: Authorize the Chair of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a Variable Width Temporary Reduced Imperviousness (BMP) Easement across the property of John P. Kirwan, Jr. and Becky H. Kirwan. Summary of Information: John P. Kirwan, Jr. and Becky H. Kirwan have requested the vacation of a Variable Width Temporary Reduced Imperviousness (BMP) Easement as shown on the attached plat. This request has been reviewed by Environmental Engineering. This easement is being replaced by purchasing nutrient offset credits. Approval is recommended. Attachments: 1.kirwan Temp Reduced Impervious BMP Quitclim Sketch 2.Kirwan Temp Reduced Impervious BMP Quitclaim Plat Preparer:Dean Sasek, Real Property Manager Approved By: Page 193 of 408 BEACH RD W I N T E R P O C K R D C E L T I C R D S U M M I T R D A M B R I D G E R D RAN GER RD PHYSIC HILL RD CELTIC CT B E E C H G R O V E D R SALK RD Board of Supervisors Meeting - August 26, 2020Request to Quitclaim a Variable Width Temporary Reduced Imperviousness Best Management Practice Easement across the Property of John P. Kirwan, Jr. and Becky H. Kirwan Chesterfield CountyReal Property Office 1 inch = 600 feet µ Temporary Reduced Impervious BMP Easement to be Quitclaimed Page 194 of 408 Page 195 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 13.B.2.b.2. Subject: Request to Quitclaim a Variable Width Drainage Easement (Public) across the Property of Carrie Coyner, Trustee of the Goodrich River Trust Board Action Requested: Authorize the Chair of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a Variable Width Drainage Easement (Public) across the property of Carrie Coyner, Trustee of the Goodrich River Trust. Summary of Information: Carrie Coyner, Trustee of the Goodrich River Trust has requested the vacation of a Variable Width Drainage Easement (Public) as shown on the attached plat. This request has been reviewed by Environmental Engineering. A new SWMBMP Easement will be dedicated. Approval is recommended. Attachments: 1.Goodrich River Trust Quitclaim Sketch 2.Goodrich River Trust Quitclaim Plat Preparer:Dean Sasek, Real Property Manager Approved By: Page 196 of 408 R U F F I N M I L L R D PORT WALTHALL DR AS H T ON PA R K D R R U F F I N M I L L P L RUFFIN MILL CT S A B R A W A Y Board of Supervisors Meeting - August 26, 2020Request to Quitclaim a Variable Width Drainage Easement (Public) Across the Property of Carrie Coyner, Trustee of the Goodrich River Trust Chesterfield CountyReal Property Office 1 inch = 600 feetdutyj 08-05-2020 µ Drainage Easement (Public) to be Quitclaimed Page 197 of 408 Page 198 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 13.B.3. Subject: Award of Construction Contract for Bensley Park Athletic Field and Trails Renovation Project Board Action Requested: The Board of Supervisors is requested to authorize the Procurement Director to award and execute a construction contract with Southwood Building Systems in the amount of $183,000 to renovate existing athletic playing field, trails and park amenities at Bensley Park. Summary of Information: The Board of Supervisors is requested to authorize the Procurement Director to award and execute a construction contract with Southwood Building Systems in the amount of $183,000 to renovate the existing large athletic playing field, trails and park amenities at Bensley Park. These renovations will expand the field size for increased use and improve the field turf, trail and other amenities to enhance the park experience. Funding is available from Park Improvements and CDBG Funding. Staff recommends approval. Attachments: None Preparer:James Worsley, Director Approved By: Page 199 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 13.B.4. Subject: Award Construction Contract and Execute Agreement for Bensley Park Parking Lot Addition Board Action Requested: The Board of Supervisors is requested to authorize the Procurement Director to award and execute a construction contract with Southwood Building Systems in the amount of $200,007 for expansion of the Recreation Center Parking Lot at Bensley Park. Summary of Information: The Board of Supervisors is requested to authorize the Procurement Director to award and execute a construction contract with Southwood Building Systems in the amount of $200,007 for expansion of the Recreation Center Parking Lot at Bensley Park. This project will add 50 new paved and lighted parking spaces which will enhance capacity for Recreation Center events and programming and provide greater access for citizens to use the Park. Funding is available from Park Improvements. Staff recommends approval. Attachments: None Preparer:James Worsley, Director Approved By: Page 200 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 13.B.5. Subject: Award of Construction Contract for County Project #17-0149, Physic Hill Tank Rehabilitation Board Action Requested: The Board of Supervisors is requested to authorize the Director of Procurement to award the construction contract to Utility Service Company, Inc in the amount of $1,385,400 and execute all necessary change orders up to the full amount budgeted for the Physic Hill Tank Rehabilitation project. Summary of Information: This project consists of painting the interior and exterior of the Physic Hill water storage tank along with miscellaneous minor structural repairs. Staff received a total of two responsive bids ranging from $1,385,400 to $1,665,774. The county's engineering consultant, Whitman, Requardt and Associates, has evaluated the bids and recommends award of the contract. Funds for the project are available in the current CIP. Attachments: None Preparer:George Hayes, Director of Utilities Andrea Peeks, Director of Budget and Management Approved By: Page 201 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 13.B.6. Subject: Award of Construction Contract for County Project #19-0226, Bermuda Tank Rehabilitation Board Action Requested: The Board of Supervisors is requested to authorize the Director of Procurement to award the construction contract to Manolis Painting, Inc. in the amount of $1,356,590 and execute all necessary change orders up to the full amount budgeted for the Bermuda Tank Rehabilitation project. Summary of Information: This project consists of painting the interior and exterior of the water Bermuda storage tank along with miscellaneous minor structural repairs. Staff received a total of three responsive bids ranging from $1,356,590 to $1,656,600. The county's engineering consultant, Whitman, Requardt and Associates, has evaluated the bids and recommends award of the contract. Funds for the project are available in the current CIP. Attachments: None Preparer:George Hayes, Director of Utilities Andrea Peeks, Director of Budget and Management Approved By: Page 202 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 13.B.7. Subject: Award of Contract for County Project #15-0158, Advanced Metering Infrastructure. Board Action Requested: The Board of Supervisors is requested to authorize the Director of Procurement to award the advanced metering infrastructure system to Badger Meter, Inc., in the amount of $21.813 million and execute all necessary change orders up to the full amount budgeted for the advanced metering infrastructure project. Summary of Information: In fiscal year 2015 a feasibility study on an Advance Metering Infrastructure (AMI) system concluded that moving forward with an AMI system would be beneficial for the County. An AMI system offers water meters with electronic endpoints that communicate with a software system in the Utilities Department. The AMI system will provide portal access for customers to view high-resolution water usage data providing an opportunity for customers to make informed choices about their water use. Customers’ decisions to conserve water will help reduce peak demands, slowing the need for costly oversized capital infrastructure. Other benefits include meter reading accuracy, early leak identification and an opportunity for monthly billing. In fiscal year 2018 the Board of Supervisors approved funding for moving forward with the AMI project. In FY2019 a project management firm was hired to guide the Department of Utilities through implementing an AMI system. In FY 2020, the county issued a Request for Proposals for vendors to provide a complete AMI system, which includes over 120,000 metering locations. The Department received responses from six national firms that have the dominant market share of installations in the United States. Of those six firms, the three highest ranked vendors were selected for onsite interviews. The Department’s AMI evaluation team, along with consultation from our project management firm, Excergy, evaluated the RFP responses and entered negotiations with Badger Meter, Inc. The evaluation team recommends award of the contract to Badger Meter, Inc. A separate Request for Proposal will be issued for a meter installation contractor and the contract award will require separate Board of Supervisors’ approval. Budgeted funds are available in the current CIP. Attachments: None Page 203 of 408 Preparer:George Hayes, Director of Utilities Approved By: Page 204 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 13.B.8. Subject: Approval of the Purchase of a Parcel of Land from the Commonwealth of Virginia Board Action Requested: Approve the purchase of a parcel of land containing 0.2825 acres, at the northeast corner of Courthouse Road and West Providence Road for $5,000, from the Commonwealth of Virginia and authorize the County Administrator to execute the deed. Summary of Information: Staff requests that the Board of Supervisors approve the purchase of a parcel of land, containing 0.2825 acres, at the northeast corner of Courthouse Road and West Providence Road from the Commonwealth of Virginia for future bicycle, pedestrian, or other public needs. The property was purchased by the Commonwealth of Virginia in 1992 for improvements to Courthouse Road, State Route 653, and West Providence Road, State Route 678. After road improvements were made the remaining portion of the parcel was declared surplus and offered to the County for purchase. The purchase has been reviewed and approved by staff. Approval is recommended. Attachments: 1.Purchase of Property at Courthouse Road and West Providence Road Vicinity Sketch 2.Purchase of Property at Courthouse Road and West Providence Road Plat 3.Purchase of Property at Couthouse Road and West Providence Road Plat Preparer:Dean Sasek, Real Property Manager Approved By: Page 205 of 408 A R R O W P O I N T T R L C A D I L L A C T R L G RE GL Y N N R D W A R R I O R T R L A C ADE MY DR C O U R T H O U S E R D C O U R T H O U S E R D W P R O V I D E N C E R D C H I E F T A I N T R L C R I P P L E C R E E K D R S U N S E T H I L L S D R G R A S S Y K N O L L L N Board of Supervisors Meeting - August 26, 2020Approval of the Purchase of a Parcel of Land from the Commonwealth of Virginia Chesterfield CountyReal Property Office 1 inch = 200 feetSnowD 08-03-2020 µ Purchase of a Parcel of Land from theCommonwealth of Virginia Page 206 of 408 Page 207 of 408 Page 208 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 13.B.9. Subject: State Roads Acceptances and Abandonment, Centralia Station, Section 1 Board Action Requested: Adoption of a resolution for state roads acceptances and abandonment for Centralia Station, Section 1 Summary of Information: The Virginia Department of Transportation has requested the acceptances and abandonment of roads in Centralia Station, Section 1. This request has been reviewed by the Virginia Department of Transportation and Environmental Engineering. Approval is recommended Attachments: 1.Centralia Station Section 1 Vicinity Map 2.Centralia Station Section 1 Resolution 3.Centralia Station Section 1 Node Map 4.Centralia Station Section 1 VDOT Report Preparer:Dean Sasek, Real Property Manager Approved By: Page 209 of 408 C H E S T E R R D CENTRALIA RD C H A L K L E Y R D H O P K I N S R D C E N T R A L I A S T A T I O N R D H A M L I N D R C H I P P O K E R D W E L L I N G T O N F A R M S D R G L E N O A K S D R H A ML IN T E R GRAVEL NECK DR JAYMONT DR H E A T H S T E A D R D FARM FIELD DR WALTERS DR O L D C H E S H I R E D R P A C E S F E R R Y R D HILLTOP FIELD DR K I N G S T R E A M L NKINGS G A T E R D S H U M A R K D R HAMLIN AVE B R A G A W D R H I L L T O P F A R M S D R W E B B T R E E T E R LYNBROOK LN H A M L I N C I R BURKWOOD CT F A R M F I E L D C T BRITTONWOOD CT H A M LI N P L HAMLIN CT Changes in the Secondary System of State Highways; Centralia Station, Section 1 Chesterfield County, Virginia Chesterfield CountyReal Property Office 1 inch = 700 feet µ State Roads Acceptances and Abandonment; Centralia Station, Section 1 Page 210 of 408 GIS Code: ABANDON PIN: 786 663 0000 00000 Document NO.: 2020-0398 CHESTERFIELD COUNTY: At a regular meeting of the Board of Supervisors, held in the Public Meeting Room at the Chesterfield Administration Building on August 26, 2020, at 6:00 p.m. §33.2-705 & §33.2-912 - Addition to Secondary Route & Abandonment with Replacement Road RESOLUTION WHEREAS, a portion of Route 2005 has been realigned and a new segment constructed to standards equal to the Virginia Department of Transportation's Subdivision Street Requirements as a requisite for acceptance for maintenance as part of the Secondary System of State Highways; and WHEREAS, the Virginia Department of Transportation has inspected this street and found it to be acceptable for maintenance; and NOW, THEREFORE, BE IT RESOLVED by the Chesterfield County Board of Supervisors, this 26th day of August, 2020, that the old segment of Route 2005, identified on the attached Form AM 4.3, is no longer needed as part of the Secondary System of State Highways as the new road serves the same citizens as the old road and is hereby requested to be abandoned by the Virginia Department of Transportation pursuant to §33.2-912, Code of Virginia, 1950 amended. BE IT FURTHER RESOLVED, that the Virginia Department of Transportation be, and it hereby is, requested to add and maintain the new segment(s) identified on the attached Form AM 4.3 as part of the Secondary System of State Highways, pursuant to §33.2-705, Code of Virginia, 1950 amended, and the regulatory requirements of VDOT. BE IT FURTHER RESOLVED, the County Board of Supervisors does hereby guarantee unencumbered rights-of-way plus the necessary easements for cuts, fills, and drainage for this added segment(s); BE IT FURTHER RESOLVED, a copy of this resolution be forwarded to the Virginia Department of Transportation. Page 211 of 408 Page 2 Certified By: ___________________________ Sara Hall Clerk to the Board of Supervisors Page 212 of 408 Centralia Station See 1 Adandonment (Rt.2005) Centralia Station A -B 0.10 Mi Prescriptive B I-0.10 Mi Centralia Station Rt.2005 Chester Road Rt.144 In~••• .o ••••% CD••• .....%+1 a:oN1:J •••o 0a: •• •••• rot ••L+I C CDU .o ••••% ('I)••• A Hopkins Road Rt.637 § ~., .s/...,b 1i:J.~'"tfIC~0.~.,">t" AtJ ~~JJ~.~•&Qt~ ~.tO)tJOI) -9o~q ~/~Z aeCD-••.•0>(\1•••.•.•0 •.•a~uC\lc..a CD~~em CDu Not to Scale VDOT Page 213 of 408 VDOT Form AM-4.3 (4/20/2007) Maintenance Division Date of Resolution: Page 1 of 3 In the County of Chesterfield County By resolution of the governing body adopted August 26, 2020 The following VDOT Form AM-4.3 is hereby attached and incorporated as part of the governing body's resolution for changes in the secondary system of state highways. A Copy Testee Signed (County Official): ____________________________________________ Report of Changes in the Secondary System of State Highways Project/Subdivision Centralia Station Sec 1 Type Change to the Secondary System of State Highways: Abandonment The following facilities of the Secondary System of State Highways are hereby ordered abandoned, pursuant to the statutory authority cited: Reason for Change:Abandonment, Developer Project Related Pursuant to Code of Virginia Statute:§33.2-912 Street Name and/or Route Number Centralia Station, State Route Number 2005 Old Route Number: 0 From: Centralia Road, (Rt. 145) To: End of Prescriptive Easement, a distance of: 0.10 miles. Page 214 of 408 VDOT Form AM-4.3 (4/20/2007) Maintenance Division Date of Resolution: Page 1 of 3 Report of Changes in the Secondary System of State Highways Project/Subdivision Centralia Station Sec 1 Type Change to the Secondary System of State Highways: Addition The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: 33.2-705, 33.2-334 Street Name and/or Route Number Centralia Station Road, State Route Number 8210 Old Route Number: 0 From: 0.09m S of Centralia Road, (Rt. 145) To: Ganymede Drive, (Rt. 8211), a distance of: 0.59 miles. Recordation Reference: PB 248, PG 11 Right of Way width (feet) = 50 Street Name and/or Route Number Amalthea Lane, State Route Number 8213 Old Route Number: 0 From: Centralia Station Road, (Rt. 8210) To: Centralia Station Lane, (Rt. 8210), a distance of: 0.11 miles. Recordation Reference: PB 248, PG 11 Right of Way width (feet) = 50 Street Name and/or Route Number Centralia Station Road, State Route Number 8210 Old Route Number: 0 From: Amalthea Lane, (Rt. 8213) To: Cul-de-Sac, a distance of: 0.18 miles. Recordation Reference: PB 248,PG 11 Right of Way width (feet) = 50 Street Name and/or Route Number Ganymede Court, State Route Number 8214 Old Route Number: 0 From: Ganymede Drive, (Rt. 8211) To: Cul-de-Sac, a distance of: 0.03 miles. Recordation Reference: PB 248, PG 11 Page 215 of 408 VDOT Form AM-4.3 (4/20/2007) Maintenance Division Date of Resolution: Page 1 of 3 Right of Way width (feet) = 50 Street Name and/or Route Number Centralia Station Road, State Route Number 8210 Old Route Number: 0 From: Ganymede Drive, (Rt. 8211) To: Centralia Station Cove, (Rt. 8212), a distance of: 0.24 miles. Recordation Reference: PB 248,PG 11 Right of Way width (feet) = 50 Street Name and/or Route Number Centralia Station Road, State Route Number 8210 Old Route Number: 0 From: Centralia Road, (Rt. 145) To: .09m S of Centralia Road, (Rt. 145), a distance of: 0.09 miles. Recordation Reference: PB 248, PG 11 Right of Way width (feet) = 50 Street Name and/or Route Number Ganymede Drive, State Route Number 8211 Old Route Number: 0 From: Ganymede Court, (Rt. 8214) To: Cul-de-Sac, a distance of: 0.09 miles. Recordation Reference: PB 248, PG 11 Right of Way width (feet) = 50 Street Name and/or Route Number Ganymede Drive, State Route Number 8211 Old Route Number: 0 From: Centralia Station Road, (Rt. 8210) To: Ganymede Court, (Rt. 8214), a distance of: 0.05 miles. Recordation Reference: PB 248, PG 11 Right of Way width (feet) = 50 Street Name and/or Route Number Centralia Station Cove, State Route Number 8212 Old Route Number: 0 From: Centralia Station Road, (Rt. 8210) Page 216 of 408 VDOT Form AM-4.3 (4/20/2007) Maintenance Division Date of Resolution: Page 1 of 3 To: Cul-de-Sac, a distance of: 0.06 miles. Recordation Reference: PB 248, PG 11 Right of Way width (feet) = 50 Street Name and/or Route Number Centralia Station Road, State Route Number 8210 Old Route Number: 0 From: Centralia Station Cove, (Rt. 8212) To: Amalthea Lane, (Rt. 8213), a distance of: 0.10 miles. Recordation Reference: PB 248,PG 11 Right of Way width (feet) = 50 Page 217 of 408 VDOT Form AM-4.3 (4/20/2007) Maintenance Division Date of Resolution: Page 1 of 3 Page 218 of 408 VDOT Form AM-4.3 (4/20/2007) Maintenance Division Date of Resolution: Page 1 of 3 Page 219 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 13.B.10. Subject: Amendment of Lease for the Chester Police Station Board Action Requested: Authorize the County Administrator to execute a lease amendment with The New Chester Police Station, LLLP, successor in interest to The Chester Police Station, L.L.C., for 4000 square feet of office space at 2920 W. Hundred Road for the Chester Police Station. Summary of Information: Staff has negotiated an amendment to extend the lease for the Chester Police Station. The lease will expire October 23, 2020, and the amendment extends the lease five years and has two options to renew the lease for two additional years for each option. The rent for the extension and options remains at the current rate of $6,333.33 per month. Rent payments are subject to annual appropriation by the Board. Approval is recommended Attachments: 1.Chester Police Station Vicinity Sketch 2020 Preparer:Dean Sasek, Real Property Manager Approved By: Page 220 of 408 I" a G R E D W A T E R R I D G E R D J E F F E R S O N D A V I S H W Y SOU T H L A N D D R W HUNDRED RD J E F F E R S O N D A V I S H W Y W HUNDRED RD R O C K H I L L R D F S 1 4 MOUNTCLAIR RD W HUNDRED RD B E R M U D A C R O S S R O A D L N WOODSIDE RD J E F F E R S O N D A V I S H W Y Board of Supervisors Meeting - August 26, 2020Amendment of Lease for the Chester Police Station Chesterfield CountyReal Property Office 1 inch = 250 feetSasekD 07-29-2020 µ Amendment of Lease forthe Chester Police Station Page 221 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 13.B.11. Subject: Set Date to Hold Public Hearing to Amend and Reenact County Code Section 5-8 Regarding Designation of Land Bank Entity Board Action Requested: The Board is requested to set a public hearing on September 23, 2020 to consider amending County Code § 5-8 regarding Designation of Land Bank Entity. Summary of Information: In 2019, the Board adopted an ordinance designating Maggie Walker Community Land Trust as the County’s land bank entity to assist the County in addressing vacant, abandoned, and tax delinquent properties. During the 2020 session, the General Assembly amended the Land Bank Entities Act, which is the basis of the County’s ordinance. The new language specifies that “With regard to any contract or proposed contract for materials or services to be furnished to or used by a land bank entity, members of the board and employees of a land bank entity are subject to the provisions of the State and Local Government Conflict of Interests Act.” This language became effective July 1, 2020. This ordinance amendment is requested to remove the references to financial interests in sections 5-8(m), (n), and (o) of the County’s land bank ordinance. These changes will remedy the conflict between the County Code and the Code of Virginia, while ensuring that the provisions remain enforceable through the Code of Virginia. Staff requests the Board to set a public hearing on September 23, 2020 to consider these amendments and to adopt the amendments after the public hearing is closed. Attachments: 1.Ordinance amending 5-8(n) Preparer:Jeff Mincks, County Attorney Approved By: Page 222 of 408 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 5-8 RELATING TO DESIGNATION OF LAND BANK ENTITY BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1)That Section 5-8 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 5-8. – Designation of Land Bank Entity. o o o (m) No member of the board or employee of the land bank entity shall acquire any interest, direct or indirect, in real property of the land bank entity, in any real property to be acquired by the land bank entity, or in any real property to be acquired from the land bank entity. (n) No member of the board or employee of a land bank entity shall have any interest, direct or indirect, in any contract or proposed contract for materials or services to be furnished to or used by a land bank entity. (o) In addition to the financial interest statutes of the Land Bank Entities Act, Tthe land bank entity may adopt supplemental rules and regulations addressing potential conflicts of interest and ethical guidelines for members of the board and employees of the land bank entity. (p) (m) The land bank entity may convey, exchange, sell, transfer, lease as lessee, grant, and release any and all interests in, upon, or to real property of the land bank entity. (q) (n) The acquisition, management, and disposition of any historic property as designated by the County in accordance with Code of Virginia, § 15.2-2306 or within a historic area as defined in Code of Virginia, § 15.2-2201 shall be considered subject to the requirements of Code of Virginia, § 15.2-2306. (r) (o) When real property is conveyed by the land bank entity, 50 percent of the real property taxes collected on such property shall be remitted to the land bank entity. Such remittance of real property taxes collected shall commence with the first taxable year following the date of conveyance and continue for a period of ten years. The remittance shall not be renewed at the conclusion of the ten-year period. (s) (p) The land bank entity is hereby declared to be performing a public function on behalf of the county and to be a public instrumentality of the county. Accordingly, the land bank entity shall not be required to pay any taxes upon any property acquired or used by the land bank entity under the provisions of the Act. Page 223 of 408 (t) (q) The land bank entity may be dissolved 60 calendar days after an affirmative resolution is approved by two-thirds of the membership of its board. Sixty calendar days' advance written notice of consideration of a resolution of dissolution shall be (i) given to the board of supervisors (ii) published in a local newspaper of general circulation in the county, and (iii) sent by certified mail to the trustee of any outstanding bonds of the land bank entity. Upon dissolution of the land bank entity, all real property, personal property, and other assets of the land bank entity shall become the assets of the county. (u) (r) Notwithstanding subsection (t)(q), no land bank entity shall be dissolved unless all obligations and debts of such land bank entity have been lawfully satisfied or otherwise provided for. (2)That this ordinance shall become effective immediately upon adoption. 3137:117635.1 Page 224 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 13.B.12. Subject: Amend the Minutes of May 27, 2020 Board Action Requested: The Board is requested to amend the minutes of May 27, 2020 to include a resolution approving the FY2021 Secondary Road Improvement Budget. Summary of Information: Due to a clerical error, the following resolution was omitted from the May 27, 2020 minutes: 11.A. TO CONSIDER THE FY2021-FY2026 SECONDARY ROAD SIX-YEAR PLAN AND FY2021 SECONDARY ROAD BUDGET o o o WHEREAS, the Virginia Department of Transportation (VDOT) has submitted its proposed FY2021 Secondary Road Improvement Budget to the county; and WHEREAS, the Budget represents the implementation of the first year of the FY2021 through FY2026 Six- Year Secondary Road Improvement Plan adopted by the Board. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors approves the FY2021 Secondary Road Improvement Budget as presented by VDOT. o o o Staff requests the Board to approve the amendment of the minutes to include this resolution. Attachments: None Preparer:Sara Hall, Clerk to the Board of Supervisors Page 225 of 408 Approved By: Page 226 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 13.B.13. Subject: Authorize the Receipt and Appropriation of Grant Funds from the Department of Homeland Security and the Federal Emergency Management Agency for the 2020 Local Emergency Management Performance Grant Board Action Requested: Authorize the receipt and appropriation of additional grant funding in the amount of $50,000 for the 2020 Emergency Management Performance Grant to enhance emergency preparedness for Chesterfield County. Summary of Information: The FY21 budget was adopted with the appropriation of $26,409 for the 2020 Local Emergency Management Performance Grant. The actual grant award is $76,409. This request is for authorization to accept and appropriate the additional funding of $50,000. Fire and EMS is required to provide an in-kind match, which will be met through expenses associated with already budgeted personnel costs within the Fire and EMS budget. The grant award will be utilized to enhance emergency management’s preparedness capabilities for the citizens and businesses of Chesterfield County. Attachments: None Preparer:Loy Senter, Fire Chief Approved By: Page 227 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 13.B.14. Subject: Set Public Hearing to Consider Readoption of Continuity of Government Ordinance Board Action Requested: Set Public Hearing to readopt the attached Continuity of Government ordinance. Summary of Information: On March 12, 2020, the Governor of Virginia declared a state of emergency in response to the novel coronavirus COVID-19 (“virus”). The Governor’s declaration 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 anticipated to spread widely. On March 13, 2020, the President of the United States declared a national emergency in response to 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 that recognizes that the threat of the virus constitutes the existence of a disaster. 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 Board adopted this ordinance on an emergency basis at its March 25, 2020 meeting and readopted the ordinance after a public hearing at its April 22, 2020 meeting. The ordinance provides that it will expire six months from the date of adoption (September 25, 2020). Readoption of the ordinance by the Board would allow the ordinance to continue in effect for another six months unless repealed by the Board at an earlier date. Attachments: 1.Ordinance - Continuity of Government Preparer:Jeff Mincks, County Attorney Page 228 of 408 Approved By: Page 229 of 408 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 230 of 408 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 231 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 13.B.15. Subject: Approvals Relating to a Refinancing Plan Through the Economic Development Authority (EDA) for the Refinancing of Meadowville Technology Park Issuances and the Cloverleaf Taxable Redevelopment Facility Note Board Action Requested: Adopt a resolution, approve the execution and delivery of a support agreement, and grant authorization for the plan of refinancing for the Meadowville Technology Park variable rate 2005 and 2010 Taxable Recovery Zone Economic Development issuances, the Cloverleaf Taxable Redevelopment Facility Note, and payment of related closing costs. Summary of Information: The refinancing plan encompasses three issuances detailed below and will allow for an advantageous stable fixed interest rate and a more uniform debt service schedule. (1) The 2005 EDA issued Variable Rate Revenue Bonds tax exempt Series 2005A, and taxable Series 2005B. These bonds were issued to finance the acquisition of real property for the development of the Meadowville Technology Park and to finance certain infrastructure improvements within the Park. (2) The 2010 EDA issued Taxable Recovery Zone Economic Development Bonds, Series 2010B. These bonds were issued to finance a portion of the costs of the acquisition of real property and construction of the I-295 interchange at Meadowville Technology Park. (3) The 2014 Cloverleaf Taxable Redevelopment Facility Note, Series 2014A. This issuance was a refinancing of a portion of the original 2004 Note that was issued to to acquire the former Cloverleaf Mall property. The EDA refinancing will be supported by one or more agreements between the County and The EDA whereby the County will provide funding to satisfy the debt service on the bonds, subject to annual appropriations. The amount of the refinancing will not exceed $14,600,000 and will mature no later than December 31, 2035. The Board of Supervisors is requested to adopt a resolution authorizing the County Administrator to execute and deliver the support agreements under which, as security for the payment of the debt service on the Bonds, the County would agree to make such payments on behalf of the Authority. The debt service payments to be made by the County will be subject to annual appropriation by the Board of Supervisors. Staff requests the Board adopt the attached resolution to approve the refinancing plan necessary to consummate the transaction. Page 232 of 408 Attachments: 1.Chesterfield - 2020 EDA Refunding - County Resolution Preparer:Andrea Peeks, Director of Budget and Management Approved By: Page 233 of 408 RESOLUTION APPROVING A PLAN OF REFINANCING OF PRIOR OBLIGATIONS ISSUED BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD, AUTHORIZING THE EXECUTION OF ONE OR MORE SUPPORT AGREEMENTS IN CONNECTION THEREWITH AND APPROVING THE FORM OF THE SUPPORT AGREEMENT WHEREAS, the Economic Development Authority of the County of Chesterfield (the “Authority”) has previously issued its (a) Variable Rate Revenue Bonds, Series 2005A (Meadowville Technology Park Project) (the “2005A Bonds”), and Variable Rate Revenue Bonds, Taxable Series 2005B (Meadowville Technology Park Project) (the “2005B Bonds”), to finance the costs of the acquisition of real property for Meadowville Technology Park, (b) Taxable Recovery Zone Economic Development Revenue Bonds, Series 2010B (Meadowville Technology Park Project) (the “2010B Bonds”), to finance the costs of the acquisition and construction of an interchange to connect Meadowville Technology Park with I-295, and (c) Taxable Revenue Note (Chesterfield Mall Redevelopment – Stonebridge Project Restatement), Series 2014A (the “2014A Note”), to finance the costs of the redevelopment of Cloverleaf Mall; WHEREAS, the County of Chesterfield, Virginia (the “County”), has entered into a development agreement or a support agreement in connection with each of the 2005A Bonds, the 2005B Bonds, the 2010B Bonds and the 2014A Note, pursuant to which the County has agreed to make payments of debt service on such bonds, subject to annual appropriation of sufficient amounts therefor by the Board of Supervisors of the County (the “Board of Supervisors”); WHEREAS, the County administration, in consultation with Davenport & Company LLC, acting in its capacity as the County’s financial advisor (the “Financial Advisor”), has recommended that the Authority and the County refinance the outstanding principal of the 2005A Bonds (such refinanced portion, the “Refunded 2005A Bonds”), the 2005B Bonds (such refinanced portion, the “Refunded 2005B Bonds” and, together with the Refunded 2005A Bonds, the “Refunded 2005 Bonds”), the 2010B Bonds (such refinanced portion, the “Refunded 2010B Bonds”) and the 2014A Note (such refinanced portion, the “Refunded 2014A Note” and, together with the Refunded 2005 Bonds and the Refunded 2010B Bonds, the “Refunded Obligations”) in order to (a) fix the interest rate on the indebtedness represented by the Refunded 2005 Bonds, (b) achieve debt service savings with respect to the Refunded 2010B Bonds and (c) reamortize the principal of the Refunded 2014A Note over a longer term commensurate with the life of assets financed thereby; WHEREAS, the Board of Supervisors desires to effect the refinancing of the Refunded Obligations by requesting that the Authority issue (a) a federally tax-exempt revenue refunding bond (the “2020C Bond”), the proceeds of which will be applied to refund the Refunded 2005A Bonds and the Refunded 2010B Bonds and to pay related costs of issuance and refunding, (b) a federally taxable revenue refunding bond (the “2020D Bond”), the proceeds of which will be applied to refund the Refunded 2005B Bonds and to pay related costs of issuance and refunding, and (c) a federally taxable revenue refunding bond (the “2020E Bond”), the proceeds of which Page 234 of 408 2 will be applied to defease the Refunded 2014A Note and to pay related costs of issuance and defeasance; WHEREAS, the Board of Supervisors desires to facilitate the issuance of the Bonds by entering into one or more support agreements (each a “Support Agreement”) with the Authority, the form of which has been presented to this meeting and pursuant to which the County will agree to make payments of debt service on the Bonds (such payments are referred to herein as the “Support Agreement Revenues”), subject to annual appropriation of sufficient amounts therefor by the Board of Supervisors; WHEREAS, each Bond will be secured by and payable from Support Agreement Revenues, which, together with the Authority’s rights, title and interests in the corresponding Support Agreement, will be assigned to the holder of such Bond; WHEREAS, the County has requested that the Financial Advisor solicit proposals from banking and other financial institutions to make three loans to the Authority to be evidenced by the Bonds; and WHEREAS, the Board of Supervisors has reviewed a summary of the proposals received and has determined to authorize the County Administrator (such term as used herein shall include the County Administrator and the Deputy County Administrator for Finance and Administration) to (a) select the proposal or proposals from the banking or other financial institution or institutions that the County Administrator deems to offer the most favorable loan terms to the County and the Authority, (b) to determine the final terms of the Bonds within certain parameters set forth below, and (c) request that the Authority award the Bonds to such institution or institutions; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: 1.The following plan of refinancing of the Refunded Obligations is hereby approved: (a) the Lender or Lenders (as hereinafter defined) shall make three loans to the Authority; (b) the Authority shall issue and deliver the Bonds to the Lender or Lenders as evidence of such loans, agree to repay the loans evidenced thereby pursuant to the terms of one or more bond purchase and loan agreements (each a “Loan Agreement”) and apply the proceeds of the loans to defease and refund the Refunded Obligations; and (c) the County shall undertake, subject to appropriation by the Board of Supervisors, to provide for the payment of any amounts due under each Bond pursuant to the terms of the corresponding Support Agreement. The obligation of the Authority to make payments under each Bond and the corresponding Loan Agreement shall be limited to the Support Agreement Revenues, which shall be assigned to the applicable Lender. Each Bond shall be further secured by an assignment to the applicable Lender of the Authority’s rights, title and interests in the corresponding Support Agreement. This plan of refinancing shall contain such additional requirements and provisions as the County Administrator may approve and determine, in collaboration with the Authority, to be in the best interests of the County and the Authority. Page 235 of 408 3 2.The Board of Supervisors hereby authorizes the County Administrator to select the proposal or proposals that he, in consultation with the Financial Advisor and in collaboration with the Authority, deems to offer the most favorable loan terms to the County and the Authority (each such selected proposal shall be referred to herein as a “Proposal”) and, subject to the parameters set forth below, to negotiate the final terms of the loans evidenced by the Bonds with each banking or other financial institution offering such Proposal or Proposals (each such institution shall be referred to herein as a “Lender”), all in such manner as the County Administrator, in collaboration with the Authority, shall determine to be in the best interests of the County and the Authority. The 2020C Bond shall (i) be issued in a principal amount not to exceed $5,750,000, (ii) mature in installments ending no later than December 31, 2031, (iii) have an initial fixed interest rate not to exceed 2.50% per year, subject to adjustment, if any, as required by the terms of the applicable Proposal and approved by the County Administrator in collaboration with the Authority, and (iv) be sold to the applicable Lender at a price not less than 100% of the principal amount thereof. The 2020D Bond shall (i) be issued in a principal amount not to exceed $2,650,000, (ii) mature in installments ending no later than December 31, 2025, (iii) have an initial fixed interest rate not to exceed 2.50% per year, subject to adjustment, if any, as required by the terms of the applicable Proposal and approved by the County Administrator in collaboration with the Authority, and (iv) be sold to the applicable Lender at a price not less than 100% of the principal amount thereof. The 2020E Bond shall (i) be issued in a principal amount not to exceed $6,750,000, (ii) mature in installments ending no later than December 31, 2037, (iii) have an initial fixed interest rate not to exceed 3.50% per year, subject to adjustment, if any, as required by the terms of the applicable Proposal and approved by the County Administrator in collaboration with the Authority, and (iv) be sold to the applicable Lender at a price not less than 100% of the principal amount thereof. Each Bond may be subject to prepayment at the option of the Authority on or after dates, if any, determined by the County Administrator in collaboration with the Authority, in whole or in part at any time, at a redemption price equal to the principal amount to be redeemed, together with any interest accrued to the date fixed for redemption, plus a redemption premium, if any, determined by the County Administrator in collaboration the Authority to be acceptable to the County and the Authority (which may include a “make-whole” redemption price as negotiated with the applicable Lender). Following the sale of the Bonds, the County Administrator shall file a certificate with the records of the Board of Supervisors setting forth the final terms of the Bonds. The actions of the County Administrator in approving the terms of the Bonds shall be conclusive, and no further action shall be necessary on the part of the Board of Supervisors. 3.The Board of Supervisors hereby authorizes and directs the County Administrator to request that the Authority undertake the issuance, sale and award of the Bonds to the Lender or Lenders in accordance with the terms of the Proposal or Proposals and this Resolution. Page 236 of 408 4 4.In consideration of the Authority’s undertakings with respect to the Bonds, the County Administrator is hereby authorized and directed to execute and deliver a Support Agreement for each Bond. Each Support Agreement shall be in substantially the form presented to this meeting, which is hereby approved, with such completions, omissions, insertions or changes not inconsistent with this Resolution as may be approved by the County Administrator, whose approval shall be evidenced conclusively by the execution and delivery thereof. 5.As provided by each Support Agreement, the Board of Supervisors hereby undertakes a non-binding commitment to appropriate to the Authority such amounts as are necessary to pay the debt service due on the corresponding Bond or Bonds as well as other payments due under the corresponding Loan Agreement, to the fullest degree and in such manner as is consistent with the Constitution and laws of the Commonwealth of Virginia. The Board of Supervisors, while recognizing that it is not empowered to make any binding commitment to make such appropriations in future fiscal years, hereby states its intent to make such appropriations in future fiscal years and recommends that future Boards of Supervisors do likewise during the term of each Support Agreement. 6.The Board of Supervisors hereby authorizes and directs the County Administrator to (a) request that the Authority take all proper steps to call for redemption the Refunded Bonds and prepare and deliver any notices and correspondence necessary therefor and (b) take such action as may be considered necessary or desirable to assist the Authority in redeeming the Refunded Bonds. 7.All other actions of officers of the County in conformity with the purposes and intent of this Resolution and in furtherance of the plan of refinancing are hereby ratified, approved and confirmed. The officers of the County are hereby authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the completion of the plan of refinancing. 8.All resolutions or parts of resolutions in conflict herewith are repealed. 9.This Resolution shall take effect immediately. Page 237 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 13.B.16. Subject: Set a Public Hearing and Grant Approvals Relating to a Financing Plan Through the Economic Development Authority (EDA) for Schools Major Maintenance and County Projects Board Action Requested: Adopt a resolution, grant authorization for the plan of financing, and set a public hearing for September 23, 2020 to consider appropriation of up to $102.6 million in bond proceeds for Schools Major Maintenance and County road and drainage improvement projects. Summary of Information: The Board is being asked to set a public hearing for September 23, 2020 to consider the appropriation of up to $95 million of EDA Revenue Bond proceeds (inclusive of an estimated premium of $10) and approximately $7.6 million of 2020A General Obligation premium. Approximately $57 million of the (up-to) appropriation will be for Schools major maintenance projects, approximately $600,000 will be for issuance costs related to the 2020A General Obligation and EDA sale, and approximately $45 million of the (up-to) appropriation will be for County road and drainage improvement projects. The financing plan will allow funding for Schools Major Maintenance and County road and drainage improvement projects. A summary of Schools Major Maintenance needs and priorities was presented to the School Board at the August 11, 2020 work session. Priority projects include: HVAC, access controls, roofing, structural/vertical envelope improvements, electrical, fire, plumbing, elevators, interiors, and site improvements. Schools projection placeholder related to these priority projects totals $75 million over the FY2022-23 cycle. Funding needs for County road and drainage improvement projects resulted from the August 15, 2020 weather event which lead the County Administrator to declare a State of Emergency. Rainfall totals in excess of nine inches, in some areas of the County, over a 24 hour period produced significant damage. Although the issuance was not programmed in the FY2021 cycle, due to current favorable market conditions, Schools has realized significant debt service savings from the most recent Board approved 2020A General Obligation issuance. Additionally, market conditions allowed for the Board approved 2020B General Obligation Refunding which produced savings for both County and Schools. The Board of Supervisors is requested to set a public hearing, adopt the attached resolution authorizing a sale, not to exceed a principal amount of $85,000,000, for Schools Major Maintenance and County road and Page 238 of 408 drainage improvement projects. The issuance will mature no later than December 31, 2041. Subsequent to Board approval, the EDA will approve a similar resolution at their September 2020 meeting. Staff requests the Board adopt the attached resolution to approve the financing plan necessary to consummate the transaction. Attachments: 1.Chesterfield - 2020 Revenue Bonds (County Projects) - County Resolution_81460166_5 2.Chesterfield - 2020 Revenue Bonds (County Projects) - First Supplemental Financing Agreement_81586652_2 3.Chesterfield - 2020 Revenue Bonds (County Projects) - Second Supplemental Agreement of Trust_81585304_2 Preparer:Andrea Peeks, Director of Budget and Management Approved By: Page 239 of 408 RESOLUTION APPROVING A PLAN TO FINANCE CERTAIN CAPITAL IMPROVEMENTS FOR GOVERNMENTAL PURPOSES THROUGH THE ISSUANCE OF REVENUE BONDS BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD WHEREAS, the Economic Development Authority of the County of Chesterfield (the “Authority”), pursuant to the Industrial Development and Revenue Bond Act (the “Act”) under which it is created, is authorized to exercise all the powers set forth in the Act, which include, among other things, the power to make loans to, among others, a county in furtherance of the Act, to finance facilities for use by, among others, a county, to issue its revenue bonds, notes and other obligations from time to time for such purposes and to pledge all or any part of its revenues and receipts derived from payments received by the Authority in connection with its loans or from any source, as security for the payment of principal of and premium, if any, and interest on any such obligations; WHEREAS, the Board of Supervisors (the “Board of Supervisors”) of the County of Chesterfield, Virginia (the “County”), desires to undertake, in conjunction with the Authority, the financing of the costs of capital improvements for governmental purposes, including but not limited to (a) major maintenance for school buildings and other school system facilities and (b) road and drainage improvements (collectively, the “2020 Project”); WHEREAS, the County desires to finance the 2020 Project by requesting the Authority to issue a series of its public facility revenue bonds (the “2020 Bonds”) and use the proceeds thereof to finance the 2020 Project and to pay related costs of issuance of the 2020 Bonds; WHEREAS, the 2020 Bonds will be secured by payments appropriated from time to time by the Board of Supervisors and payable to the Authority in accordance with the terms of the Financing Agreement (as hereinafter defined); WHEREAS, there have been circulated prior to this meeting drafts of the following documents (collectively, the “Documents”), proposed to be executed in connection with the issuance and sale of the 2020 Bonds: (a)A Second Supplemental Agreement of Trust, supplementing the Agreement of Trust dated as of August 1, 2019, as previously supplemented (collectively, the “Trust Agreement”), all between the Authority and U.S. Bank National Association, as trustee (the “Trustee”), pursuant to which the 2020 Bonds are to be issued; (b)A First Supplemental Financing Agreement (the “Supplemental Financing Agreement”), supplementing a Financing Agreement dated as of August 1, 2019 (collectively, the “Financing Agreement”), all between the Authority and the County, pursuant to which the Authority will loan the proceeds of the 2020 Bonds to the County and the County will undertake, subject to appropriation, to make payments to the Authority in amounts sufficient to pay the principal of and premium, if any, and interest on the 2020 Bonds and certain other related costs; Page 240 of 408 2 (c)A Preliminary Official Statement of the Authority relating to the public offering of the 2020 Bonds (the “Preliminary Official Statement”); (d)A Notice of Sale (attached as an appendix to the Preliminary Official Statement) (the “Notice of Sale”) (applicable only if the 2020 Bonds are sold through a competitive sale); and (e)A Continuing Disclosure Agreement (attached as an appendix to the Preliminary Official Statement), pursuant to which the County agrees to undertake certain continuing disclosure obligations with respect to the 2020 Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: 1.The Board of Supervisors hereby finds that the undertaking of the 2020 Project will be in the best interests of the County and its citizens and hereby authorizes the County, in collaboration with the Authority, to undertake the following plan of finance to accomplish the same. The Authority will issue the 2020 Bonds in an aggregate principal amount not to exceed $85,000,000. The Authority will use the proceeds of the 2020 Bonds to finance the 2020 Project and to pay related costs of issuance of the 2020 Bonds. Pursuant to the Financing Agreement, the County will undertake to make certain Basic Payments and Additional Payments (each as defined in the Financing Agreement) to the Authority in amounts sufficient to amortize the 2020 Bonds, to pay the fees or expenses of the Authority and the Trustee and to pay certain other related costs. The obligation of the Authority to pay principal of and premium, if any, and interest on the 2020 Bonds will be limited to Basic Payments and Additional Payments received from the County. The 2020 Bonds will be secured by an assignment of the Basic Payments and certain Additional Payments due under the Financing Agreement, all for the benefit of the holders of the 2020 Bonds. The undertaking by the County to make Basic Payments and Additional Payments will be subject to the appropriation by the Board of Supervisors from time to time of sufficient amounts for such purposes. The plan of finance for the 2020 Project shall contain such additional requirements and provisions as may be approved by the County Administrator (such term as used herein to include the County Administrator and the Deputy County Administrator for Finance and Administration) and the Chair or Vice-Chair of the Authority. 2.The Board of Supervisors, while recognizing that it is not empowered to make any binding commitment to make appropriations beyond the current fiscal year, hereby states its intent to make appropriations in future fiscal years in amounts sufficient to make all payments due under the Financing Agreement and hereby recommends that future Boards of Supervisors do likewise during the term of the Financing Agreement. The Board of Supervisors hereby confirms that the components of the 2020 Project are either essential to the efficient operation of the County or important to the welfare or quality of life of the citizens of the County, and the Board of Supervisors anticipates that such components will continue to be so during the term of the Financing Agreement. 3.The Chair and Vice Chair of the Board of Supervisors and the County Administrator, any of whom may act, are hereby authorized and directed to execute the Page 241 of 408 3 Documents to which the County is a signatory, which shall be in substantially the forms circulated prior to this meeting. Such forms of the Documents are hereby approved, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officer signing such Documents, whose execution and delivery thereof shall constitute conclusive evidence of such officer’s approval of any such completions, omissions, insertions and changes. 4.In making completions to the Supplemental Financing Agreement, the County Administrator, in collaboration with Davenport & Company LLC, the County’s financial advisor (the “Financial Advisor”), and the Authority, shall provide for Basic Payments in amounts equivalent to the payments principal of and interest on the 2020 Bonds, which shall be sold to the purchaser(s) thereof on terms as shall be satisfactory to the County Administrator; provided that the Basic Payments shall be equivalent to the 2020 Bonds, which shall (a) mature or be subject to mandatory sinking fund redemption in annual installments ending no later than December 31, 2041; (b) have a “true” or “Canadian” interest cost not exceeding 3.00% (taking into account any original issue discount or premium); (c) be subject to optional redemption, if at all, at a premium not to exceed 2.00% of the principal amount thereof; and (d) be sold to the purchaser(s) thereof at a price not less than 95% of the aggregate principal amount thereof (without taking into account any original issue discount or premium). The County Administrator is also authorized to approve a lesser principal amount for the 2020 Bonds, a maturity schedule (including serial maturities and term maturities for the 2020 Bonds) and the redemption provisions of the 2020 Bonds, all as the County Administrator shall determine to be in the best interest of the County. 5.The Board of Supervisors approves the following terms of the sale of the 2020 Bonds. (a)The 2020 Bonds shall be sold through a competitive sale or a negotiated sale, as the County Administrator, in collaboration with the Financial Advisor and the Authority, determines to be in the best interests of the County. (b)If the County Administrator determines that the 2020 Bonds shall be sold by competitive sale, the County Administrator is authorized to receive bids for such 2020 Bonds and award such 2020 Bonds to the bidder(s) providing the lowest “true” or “Canadian” interest cost, subject to the limitations set forth in Section 4. Following a competitive sale, the County Administrator shall file a certificate with the Authority and the Board of Supervisors setting forth the final terms of the 2020 Bonds. The actions of the County Administrator in selling the 2020 Bonds by competitive sale shall be conclusive, and no further action with respect to the sale and issuance of the 2020 Bonds shall be necessary on the part of the Board of Supervisors. (c)If the 2020 Bonds are sold by competitive bid, the County Administrator, in collaboration with the Financial Advisor, is authorized and directed to take all proper steps to advertise the 2020 Bonds for sale substantially in accordance with the form of the Notice of Sale, which is hereby approved; provided that the County Administrator, in collaboration with the Financial Advisor, may make such changes in the Notice of Sale not inconsistent with this Resolution as he may consider to be in the best interests of the County. Page 242 of 408 4 (d)If the County Administrator determines that the 2020 Bonds shall be sold by negotiated sale, the County Administrator is authorized, in collaboration with the Financial Advisor and the Authority, to choose one or more investment banks or firms to serve as underwriter(s) for the 2020 Bonds and to execute and deliver to the underwriter(s) a bond purchase agreement (the “Bond Purchase Agreement”) in a form to be approved by the County Administrator and the County Attorney, in consultation with the County’s bond counsel and the Financial Advisor. Following a negotiated sale, the County Administrator shall file a copy of the Bond Purchase Agreement with the records of the Board of Supervisors. The actions of the County Administrator in selling the 2020 Bonds by negotiated sale to the underwriter(s) shall be conclusive, and no further action with respect to the sale and issuance of the 2020 Bonds shall be necessary on the part of the Board of Supervisors. 6.The Preliminary Official Statement in the form circulated prior to this meeting is approved with respect to the information contained therein (excluding information pertaining to the Authority). The Board of Supervisors hereby authorizes distribution of the Preliminary Official Statement to prospective purchasers of the 2020 Bonds in a form deemed to be “final” (within the meaning of the Rule) as of its date, except for the omission of certain pricing and other information permitted to be omitted pursuant to Rule 15c2-12 of the Securities and Exchange Commission (the “Rule”) and with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the County Administrator. Such distribution shall constitute conclusive evidence that the County has deemed the Preliminary Official Statement to be “final” (within the meaning of the Rule) as of its date, with respect to the information therein pertaining to the County. The County Administrator is authorized and directed to approve such completions, omissions, insertions and other changes to the Preliminary Official Statement that are necessary to reflect the terms of the sale of the 2020 Bonds, determined as set forth in paragraph 4, and the details thereof and that are appropriate to complete it as an official statement in final form (the “Official Statement”), and distribution thereof to the purchaser(s) of the 2020 Bonds shall constitute conclusive evidence that the Board of Supervisors has deemed the Official Statement “final” (within the meaning of the Rule) as of its date. The County shall arrange for the delivery to the purchaser(s) of the 2020 Bonds of a reasonable number of printed copies of the final Official Statement, within seven business days after the 2020 Bonds have been sold, for delivery to each potential investor requesting a copy of the Official Statement and to each person to whom a purchaser initially sells 2020 Bonds. 7.Such officers of the County as may be requested by bond counsel for the County are authorized and directed to execute an appropriate certificate setting forth (a) the expected use and investment of the proceeds of the Financing Agreement in order to show that such expected use and investment will not violate the provisions of Section 148 of the Internal Revenue Code of 1986, as amended (the “Code”), and (b) any elections such officers deem desirable regarding rebate of earnings to the United States for purposes of complying with Section 148 of the Code. Such certificate shall be prepared in consultation with bond counsel for the County, and such elections shall be made after consultation with bond counsel. 8.All costs and expenses in connection with the financing of the 2020 Project and the issuance of the 2020 Bonds, including the Authority’s fees and expenses and the fees and expenses of bond counsel, counsel for the Authority, and the Financial Advisor for the sale of the 2020 Bonds shall be paid from the proceeds of the 2020 Bonds or other legally available funds of Page 243 of 408 5 the County. If for any reason the 2020 Bonds are not issued, it is understood that all such expenses shall be paid by the County from its legally available funds and that the Authority shall have no responsibility therefor. 9.Any authorization herein to execute a document shall include authorization to deliver it to the other parties thereto and, if applicable, to record such document. 10.All other acts of the County Administrator and other officers of the County that are in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the 2020 Bonds and the financing of the 2020 Project are hereby approved and ratified. 11.This Resolution shall take effect immediately. 025219.0000010 EMF_US 81460166v5 Page 244 of 408 FIRST SUPPLEMENTAL FINANCING AGREEMENT between ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD and BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA on behalf of THE COUNTY OF CHESTERFIELD, VIRGINIA Dated as of October 1, 2020 NOTE:THIS FIRST SUPPLEMENTAL FINANCING AGREEMENT HAS BEEN ASSIGNED TO, AND IS SUBJECT TO A SECURITY INTEREST IN FAVOR OF, U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER AN AGREEMENT OF TRUST DATED AS OF AUGUST 1, 2019, WITH THE ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD, AS FURTHER AMENDED OR SUPPLEMENTED FROM TIME TO TIME. INFORMATION CONCERNING SUCH SECURITY INTEREST MAY BE OBTAINED FROM THE TRUSTEE AT 1021 EAST CARY STREET, SUITE 1850, RICHMOND, VIRGINIA 23219. Page 245 of 408 (i) TABLE OF CONTENTS Page Parties...............................................................................................................................................1 Recitals.............................................................................................................................................1 Granting Clauses ..............................................................................................................................2 ARTICLE I DEFINITIONS AND RULES OF CONSTRUCTION Section 1.1.Definitions................................................................................................................2 Section 1.2.Rules of Construction ..............................................................................................3 ARTICLE II REPRESENTATIONS Section 2.1.Representations by Authority ..................................................................................3 Section 2.2.Representations by County ......................................................................................4 ARTICLE III AGREEMENT TO MAKE LOANS AND ISSUE SERIES 2020 BONDS Section 3.1.Agreement to Make Loan to Finance the Series 2020 Project.................................5 Section 3.2.Agreement to Issue Series 2020 Bonds ...................................................................5 ARTICLE IV PAYMENT OBLIGATIONS Section 4.1.Amounts Payable .....................................................................................................5 ARTICLE V PREPAYMENT AND REDEMPTION Section 5.1.Prepayment and Redemption ...................................................................................6 ARTICLE VI ARBITRAGE REBATE FUND Section 6.1.Series 2020 Arbitrage Rebate Fund .........................................................................6 Section 6.2.Rebate Requirement.................................................................................................6 Section 6.3.Calculation and Payment of Series 2020 Rebate Obligation ...................................7 Section 6.4.Reports by Trustee ...................................................................................................7 Page 246 of 408 (ii) Section 6.5.Disposition of Balance in Series 2020 Arbitrage Rebate Fund ...............................8 ARTICLE VII MISCELLANEOUS Section 7.1.Severability ..............................................................................................................8 Section 7.2.Successors and Assigns............................................................................................8 Section 7.3.Counterparts .............................................................................................................8 Section 7.4.Governing Law ........................................................................................................8 Section 7.5.Patriot and U.S.A. Freedom Act Requirements of Trustee......................................8 Signatures.........................................................................................................................................9 Receipt ...........................................................................................................................................10 Exhibit A - Schedule of Payments...............................................................................................A-1 Page 247 of 408 THIS FIRST SUPPLEMENTAL FINANCING AGREEMENT dated as of the 1st day of October, 2020, by and between the ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD, a political subdivision of the Commonwealth of Virginia (the “Authority”), and the BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, on behalf of the COUNTY OF CHESTERFIELD, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the “County”), provides: W I T N E S S E T H: WHEREAS, the Authority is a political subdivision of the Commonwealth of Virginia duly created under the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended (the “Act”); WHEREAS, the Authority is authorized to exercise all the powers set forth in the Act, which include, among other things, the power to make loans to, among others, a county in furtherance of the purposes of the Act, to finance or refinance and lease facilities for use by, among others, a county, to issue its revenue bonds, notes and other obligations from time to time for such purposes and to pledge all or any part of its revenues and receipts derived from payments received by the Authority in connection with its loans or from the leasing by the Authority of such facilities or from any other source, as security for the payment of the principal of and premium, if any, and interest on any such obligations; WHEREAS, the County desires to undertake a program of financing the acquisition, construction and equipping of various public facilities that the County determines to undertake from time to time; WHEREAS, in furtherance of the purposes of the Act, the County has requested the Authority to undertake one or more Projects (as defined in the Financing Agreement, as hereinafter defined), and the Authority has determined to issue from time to time pursuant to the terms of an Agreement of Trust dated as of August 1, 2019, between the Authority and U.S. Bank National Association, Richmond, Virginia (the “Trustee”), as previously supplemented and as further supplemented by a Second Supplemental Agreement of Trust dated as of October 1, 2020, between the Authority and the Trustee (collectively, the “Agreement of Trust”), its public facility revenue bonds and to loan the proceeds thereof to the County to finance costs incurred in connection with such Projects and costs of issuing such bonds; WHEREAS, in furtherance of the purposes of the Act, the Authority and the County have entered into a Financing Agreement dated as of August 1, 2019 (the “Master Financing Agreement”), pursuant to which the Authority has agreed to loan from time to time such proceeds to the County and the County has agreed to repay such loans, subject to appropriation by the Board of Supervisors of the County from time to time of sufficient moneys for such purpose; WHEREAS, within the limitations and in compliance with the Agreement of Trust, the County has requested the Authority to issue a series of Bonds in the aggregate principal amount of $[______] (the “Series 2020 Bonds”) and to loan such proceeds to the County (a) to finance Page 248 of 408 2 cost of the Series 2020 Project (as hereinafter defined) and (b) to pay the related costs of issuance pursuant to the terms of this First Supplemental Financing Agreement; and WHEREAS, all acts, conditions and things required by law to happen, exist and be performed precedent to and in connection with the execution of and entering into this First Supplemental Financing Agreement have happened, exist and have been performed in regular and due time and in form and manner as required by law, and the parties hereto are now duly empowered to execute and enter into this First Supplemental Financing Agreement; NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained and other valuable consideration, the parties hereto covenant and agree as follows: ARTICLE I DEFINITIONS AND RULES OF CONSTRUCTION Section 1.1.Definitions. Unless otherwise defined in this First Supplemental Financing Agreement, all capitalized terms used herein shall have the meanings assigned to such terms in the Agreement of Trust or the Master Financing Agreement. The following capitalized terms as used in this First Supplemental Financing Agreement shall have the following meanings unless a different meaning clearly appears from the context: “Agreement of Trust” shall mean the Agreement of Trust dated as of August 1, 2019, as previously supplemented and as further supplemented by the Second Supplemental Agreement of Trust. “Basic Agreements” shall mean the Agreement of Trust and the Financing Agreement. “Financing Agreement” shall mean the Master Financing Agreement, as supplemented by this First Supplemental Financing Agreement. “First Supplemental Financing Agreement” shall mean this First Supplemental Financing Agreement dated as of October 1, 2020, between the Authority and the County, which supplements the Master Financing Agreement. “Master Financing Agreement” shall mean the Financing Agreement dated as of August 1, 2019, between the Authority and the County. [“Rebate Amount” shall mean the amount due under the rebate obligations of the Code.] [“Rebate Amount Certificate” shall mean a certificate prepared or approved, at the expense of the County, by an independent certified public accountant or a firm of independent certified public accounts or rebate specialist of recognized standing setting forth the Rebate Amount determined to be due to the United States of America as of the applicable fifth Page 249 of 408 3 anniversary date (under the Treasury Regulations) of the issuance of the Series 2020 Bonds, or as of the final payment date of the Series 2020 Bonds, and the computation thereof.] “Second Supplemental Agreement of Trust” shall mean the Second Supplemental Agreement of Trust dated as of October 1, 2020, between the Authority and the Trustee, which supplements the Agreement of Trust. “Series 2020 Arbitrage Rebate Fund” shall mean the fund established in Section 6.1. “Series 2020 Bonds” shall mean the Authority’s $[_____] Public Facility Revenue Bonds (County Projects), Series 2020, authorized to be issued pursuant to the Second Supplemental Agreement of Trust. “Series 2020 Project” shall have the meaning assigned to such term by the Second Supplemental Agreement of Trust. Section 1.2.Rules of Construction. The following rules shall apply to the construction of this First Supplemental Financing Agreement unless the context otherwise requires: (a)Words importing the singular number shall include the plural number and vice versa. (b)Words importing the redemption or calling for redemption of Series 2020 Bonds shall not be deemed to refer to or connote the payment of Series 2020 Bonds at their stated maturity. (c)Unless otherwise indicated, all references herein to particular Articles or Sections are references to Articles or Sections of this First Supplemental Financing Agreement. (d)The headings herein and the Table of Contents herein are solely for convenience of reference and shall not constitute a part of this First Supplemental Financing Agreement and shall not affect its meaning, construction or effect. (e)All references herein to payment of Series 2020 Bonds are references to payment of principal of and interest on the Series 2020 Bonds. ARTICLE II REPRESENTATIONS Section 2.1.Representations by Authority. The Authority makes the following representations: (a)The Authority is a political subdivision of the Commonwealth of Virginia duly created under the Act; Page 250 of 408 4 (b)Pursuant to the Act, the Authority has full power and authority to enter into the Basic Agreements and to perform the transactions contemplated thereby and to carry out its obligations thereunder and by proper action has duly authorized, executed and delivered such Basic Agreements; (c)The execution, delivery and compliance by the Authority with the terms and conditions of the Basic Agreements will not conflict with or constitute or result in a default under or violation of, (1) any existing law, rule or regulation applicable to the Authority or (2) any trust agreement, mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree or other agreement, instrument or other restriction of any kind to which the Authority or any of its assets is subject; (d)No further approval, consent or withholding of objection on the part of any regulatory body or any official, federal, state or local, is required in connection with the execution or delivery of or compliance by the Authority with the terms and conditions of the Basic Agreements, except that no representation is made as to the applicability of any federal or state securities laws; and (e)There is no litigation at law or in equity or any proceeding before any governmental agency involving the Authority pending or, to the knowledge of the Authority, threatened against the Authority with respect to (1) the creation and existence of the Authority, (2) its authority to execute and deliver the Basic Agreements, (3) the validity or enforceability of the Basic Agreements or the Authority’s performance of its obligations thereunder, (4) the title of any officer of the Authority executing the Basic Agreements or (5) the ability of the Authority to issue and sell its bonds. Section 2.2.Representations by County. The County makes the following representations: (a)The County is a political subdivision of the Commonwealth of Virginia; (b)The County has full power and authority to enter into the Basic Agreements to which it is a party and to perform the transactions contemplated thereby and to carry out its undertakings thereunder and by proper action has duly authorized, executed and delivered such Basic Agreements; (c)The County is not in default in the payment of the principal of or interest on any of its indebtedness for borrowed money and is not in default under any instrument under or subject to which any indebtedness for borrowed money has been incurred, and no event has occurred and is continuing that with the lapse of time or the giving of notice, or both, would constitute or result in an event of default thereunder; (d)The County is not in default under or in violation of, and the execution, delivery and compliance by the County with the terms and conditions of the Basic Agreements to which it is a party will not conflict with or constitute or result in a default under or violation of, (1) any existing law, rule or regulation applicable to the County or (2) any trust agreement, mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree or other agreement, instrument Page 251 of 408 5 or restriction of any kind to which the County or any of its assets is subject, and no event has occurred and is continuing that with the lapse of time or the giving of notice, or both, would constitute or result in such a default or violation; (e)No further approval, consent or withholding of objection on the part of any regulatory body or any official, federal, state or local, is required in connection with the execution or delivery of or compliance by the County with the terms and conditions of the Basic Agreements to which it is a party; and (f)There is no litigation at law or in equity or any proceeding before any governmental agency involving the County pending or, to the knowledge of the County, threatened against the County with respect to (1) the authority of the County to execute and deliver the Basic Agreements to which it is a party, (2) the validity or enforceability of such Basic Agreements or the County’s performance of its undertakings thereunder, (3) the title of any officer of the County executing such Basic Agreements or (4) the ability of the County to undertake the Series 2020 Project. ARTICLE III AGREEMENT TO MAKE LOANS AND ISSUE SERIES 2020 BONDS Section 3.1.Agreement to Make Loan to Finance the Series 2020 Project. The Authority hereby agrees to make, but solely from the proceeds of the Series 2020 Bonds, and the County hereby agrees to accept, a loan to finance the Costs of the Series 2020 Project and to pay the related costs of issuing the Series 2020 Bonds. Subject to the limitation of Section 4.4 of the Master Financing Agreement, the County agrees to make all Basic Payments and Additional Payments when and as the same shall become due and payable to repay such loan. Section 3.2.Agreement to Issue Series 2020 Bonds. In order to provide funds for making the loan described in Section 3.1, the Authority shall contemporaneously with the execution and delivery hereof proceed with the issuance and sale of the Series 2020 Bonds bearing interest, maturing and having the other terms and provisions set forth in the Agreement of Trust. ARTICLE IV PAYMENT OBLIGATIONS Section 4.1.Amounts Payable. The Master Financing Agreement is hereby amended to replace in its entirety the Exhibit A attached thereto with the new schedule of payments attached hereto as Exhibit A. Pursuant to Article IV of the Master Financing Agreement and subject specifically to the limitation of Section 4.4 thereof, the County shall pay to the Authority or its assignee, the Basic Payments specified in Exhibit A attached hereto on or before the due dates set forth in Exhibit A. Page 252 of 408 6 The Basic Payments shall be payable without notice or demand at the designated corporate trust office of the Trustee. ARTICLE V PREPAYMENT AND REDEMPTION Section 5.1.Prepayment and Redemption. The County shall have the option to prepay any Basic Payment at the times and in the amounts as necessary to exercise its option to cause the Series 2020 Bonds to be redeemed as set forth in such Series 2020 Bonds. Such prepayments of Basic Payments shall be made at the times and in the amounts as necessary to accomplish the optional redemption of the Series 2020 Bonds as set forth in Section 2.301 of the Second Supplemental Agreement of Trust. The Series 2020 Bonds shall be prepaid or redeemed in the manner and at the times set forth in Article III of the Second Supplemental Agreement of Trust. Upon the exercise of such option, the County shall also pay as Additional Payments, the amounts necessary to pay the premium, if any, due on such Series 2020 Bonds on the date or dates fixed for their redemption. The County shall direct the Authority to send to the Trustee notice of any redemption of such Series 2020 Bonds at least five days prior to the latest date that notice of redemption may be given pursuant to Section 402 of the Agreement of Trust. Such notice to the Trustee shall specify the date fixed for redemption, the principal amount of such Series 2020 Bonds to be redeemed, the maturities of such Series 2020 Bonds, or portions thereof, to be redeemed, the premium, if any, the section of the Agreement of Trust pursuant to which such redemption is to be made and any conditions applicable to such redemption. ARTICLE VI ARBITRAGE REBATE FUND Section 6.1.Series 2020 Arbitrage Rebate Fund. There is hereby established the County of Chesterfield, Virginia, Series 2020, Public Facility Revenue Bond Arbitrage Rebate Fund (the “Series 2020 Arbitrage Rebate Fund”) to be held by or on behalf of the County. Subject to the limitation in Section 4.4 of the Master Financing Agreement, the County shall deposit moneys in the Series 2020 Arbitrage Rebate Fund from time to time for payment of the Rebate Amount. The County may establish separate accounts in the Series 2020 Arbitrage Rebate Fund for such payments. Section 6.2.Rebate Requirement. (a)The County covenants that (1) all actions with respect to the Series 2020 Bonds required by Section 148(f) of the Code shall be taken and (2) it shall at its sole expense (from legally available funds) make the rebate determinations required under the Code with respect to the Series 2020 Bonds and deposit in the Series 2020 Arbitrage Rebate Fund such amounts as are shown to be due by such calculations. Page 253 of 408 7 (b)If requested by the Trustee or the Authority, the County shall provide a statement signed by an Authorized County Representative to the effect that the County is then in compliance with its covenants contained in clauses (1) and (2) of subsection (a), together with supporting calculations, or furnish an opinion of Bond Counsel to the effect that no further action by the County is required for such compliance with respect to the Series 2020 Bonds. Notwithstanding the foregoing, the County shall take such steps and provide such information to the Authority as may be required by the Authority for it to meet any requirements (relating to rebate or otherwise) required by the Code, the Internal Revenue Service, or any other federal or state government agency. Section 6.3.Calculation and Payment of Series 2020 Rebate Obligation. (a)The County selects April 1 as the end of the bond year with respect to the Series 2020 Bonds pursuant to Treasury Regulation Section 1.148-1. The County acknowledges that the first bond year will be short. (b)Unless the County has determined that it meets an exception to the payment of arbitrage rebate, the County agrees to deliver to the Authority and the Trustee a Rebate Amount Certificate not later than 30 days after each fifth anniversary date of the issuance of the Series 2020 Bonds, and the County shall pay from legally available funds to the United States of America an amount equal to not less than 90% of the Rebate Amount set forth in such Rebate Amount Certificate. (c)Not later than 45 days after final payment of the Series 2020 Bonds, the County shall deliver to the Authority and the Trustee a final Rebate Amount Certificate, and the County shall pay from legally available funds to the United States of America the amount, if any, by which 100% of the Rebate Amount set forth in such Rebate Amount Certificate exceeds the aggregate of all payments theretofore made pursuant to subsection (b). (d)Notwithstanding any provision of this Article to the contrary, no such calculation or payment shall be made if the County receives and delivers to the Authority and the Trustee an opinion of Bond Counsel to the effect that (1) such payment is not required under the Code in order to prevent the Series 2020 Bonds from becoming “arbitrage bonds” within the meaning of Section 148 of the Code or (2) such payment should be calculated and paid on some alternative basis under the Code, and the County complies with such alternative basis. (e)The Authority covenants that, if so requested by the County, it shall execute any form required to be signed by an issuer of tax-exempt bonds in connection with the payment of any Rebate Amount (including Internal Revenue Service Form 8038-T) based on information supplied to the Authority by the County. The County shall supply all information required to be stated on such form and shall prepare such form. Except for the execution and delivery of such form upon timely presentation by the County, the Authority shall have no responsibility for such form or the information stated thereon. Section 6.4.Reports by Trustee. The Trustee shall provide the County within 30 days after each April 1 and within 30 days after the final payment of the Series 2020 Bonds with standard account transaction Page 254 of 408 8 statements showing information with respect to earnings of amounts held under the Second Supplemental Agreement of Trust. The Trustee shall not be responsible for the accuracy of any Rebate Amount Certificate or for monitoring the payment of any Rebate Amount. Section 6.5.Disposition of Balance in Series 2020 Arbitrage Rebate Fund. After each payment required in Section 6.3 is made and any additional amount necessary to pay the full rebate obligation is retained, the remaining amount in the Series 2020 Arbitrage Rebate Fund shall be retained by the County and used for any lawful purpose. ARTICLE VII MISCELLANEOUS Section 7.1.Severability. If any provision of this First Supplemental Financing Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not invalidate any other provision hereof. Section 7.2.Successors and Assigns. This First Supplemental Financing Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. Section 7.3.Counterparts. This First Supplemental Financing Agreement may be executed in any number of counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument. Section 7.4.Governing Law. This First Supplemental Financing Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. Section 7.5.Patriot and U.S.A. Freedom Act Requirements of Trustee. To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. For a non-individual person such as a business entity, a charity, a trust, or other legal entity, the Trustee may request documentation to verify such non-individual person’s formation and existence as a legal entity. The Trustee may also request financial statements, licenses, identification and authorization documents from individuals claiming authority to represent the entity or other relevant documentation. [Remainder of Page Intentionally Left Blank] Page 255 of 408 [Signature page to First Supplemental Financing Agreement] IN WITNESS WHEREOF, the parties have caused this First Supplemental Financing Agreement to be duly executed and effective as of the 1st day of October, 2020, by their duly authorized representatives. ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD By: John Cogbill, Chair BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, ON BEHALF OF THE COUNTY OF CHESTERFIELD, VIRGINIA By: Dr. Joseph P. Casey, County Administrator Approved as to form: By Jeffrey L. Mincks, County Attorney Seen and agreed to: U.S. BANK NATIONAL ASSOCIATION, as Trustee By: Monique L. Green, Vice President Page 256 of 408 [Receipt of Trustee to First Supplemental Financing Agreement] RECEIPT OF TRUSTEE Receipt of the foregoing original counterpart of the First Supplemental Financing Agreement dated as of October 1, 2020, between the Economic Development Authority of the County of Chesterfield and the Board of Supervisors of the County of Chesterfield, Virginia, on behalf of the County of Chesterfield, Virginia, is hereby acknowledged. U.S. BANK NATIONAL ASSOCIATION, as Trustee By: Monique L. Green, Vice President Page 257 of 408 A-1 EXHIBIT A SCHEDULE OF BASIC PAYMENTS [TO BE COMPLETED] Page 258 of 408 SECOND SUPPLEMENTAL AGREEMENT OF TRUST between ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD and U.S. BANK NATIONAL ASSOCIATION, as Trustee Dated as of October 1, 2020 Page 259 of 408 (i) TABLE OF CONTENTS ARTICLE I SECOND SUPPLEMENTAL AGREEMENT Section 2.101 Authorization of Second Supplemental Agreement ............................................1 Section 2.102 Definitions............................................................................................................2 Section 2.103 Rules of Construction ..........................................................................................2 ARTICLE II AUTHORIZATION, DETAILS AND FORM OF SERIES 2020 BONDS Section 2.201 Authorization of Series 2020 Bonds and Series 2020 Project .............................3 Section 2.202 Details of Series 2020 Bonds ...............................................................................3 Section 2.203 Form of Series 2020 Bonds..................................................................................4 Section 2.204 Securities Depository Provisions .........................................................................4 Section 2.205 Delivery of Series 2020 Bonds ............................................................................5 ARTICLE III REDEMPTION OF SERIES 2020 BONDS Section 2.301 Redemption Date and Price .................................................................................5 Section 2.302 Selection of Series 2020 Bonds for Redemption .................................................5 Section 2.303 Notice of Redemption ..........................................................................................6 ARTICLE IV APPLICATION OF PROCEEDS OF SERIES 2020 BONDS Section 2.401 Application of Proceeds of Series 2020 Bonds....................................................6 ARTICLE V ESTABLISHMENT OF ACCOUNTS Section 2.501 Series 2020 Project Account ................................................................................6 Section 2.502 Debt Service Reserve Fund..................................................................................6 ARTICLE VI SECURITY FOR SERIES 2020 BONDS Section 2.601 Security for Series 2020 Bonds............................................................................6 Page 260 of 408 (ii) ARTICLE VII MISCELLANEOUS Section 2.701 Limitations on Use of Proceeds ...........................................................................7 Section 2.702 Limitation of Rights .............................................................................................7 Section 2.703 Severability ..........................................................................................................7 Section 2.704 Successors and Assigns........................................................................................7 Section 2.705 Applicable Law ....................................................................................................7 Section 2.706 Counterparts .........................................................................................................7 Section 2.707 Patriot and U.S.A. Freedom Act Requirements of Trustee..................................8 Exhibit A - Form of Series 2020 Bonds ......................................................................................A-1 Page 261 of 408 THIS SECOND SUPPLEMENTAL AGREEMENT OF TRUST dated as of the 1st day of October, 2020, by and between the ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD, a political subdivision of the Commonwealth of Virginia (the “Authority”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association, having a corporate trust office in Richmond, Virginia, as trustee (in such capacity, together with any successor in such capacity, herein called the “Trustee”), provides: WHEREAS, the Authority and the Trustee have entered into an Agreement of Trust dated as of August 1, 2019 (the “Master Agreement of Trust”), pursuant to which the Authority has agreed to issue from time to time public facility revenue bonds or notes and use the proceeds thereof to finance or refinance costs incurred in connection with certain Projects (as hereinafter defined) for the benefit of the County of Chesterfield, Virginia (the “County”); WHEREAS, within the limitations of and in compliance with the Master Agreement of Trust, the County has requested the Authority to issue a series of public facility revenue bonds in the aggregate principal amount of $[______] (the “Series 2020 Bonds”) to finance the costs of the Series 2020 Project (as hereinafter defined); WHEREAS, the Authority has agreed to issue the Series 2020 Bonds, secured by a pledge of the revenues and receipts derived from a Financing Agreement dated as of August 1, 2019, as supplemented by a First Supplemental Financing Agreement dated as of October 1, 2020 (collectively, the “Financing Agreement”), between the Authority and the County, and the County has agreed, subject to the appropriation by the County Board of Supervisors from time to time of sufficient amounts for such purposes, to make Basic Payments that will be sufficient to pay the principal of and interest on the Series 2020 Bonds as the same shall become due; and WHEREAS, the Authority has taken all necessary action to make the Series 2020 Bonds, when authenticated by the Trustee and issued by the Authority, valid and binding limited obligations of the Authority and to constitute this Second Supplemental Agreement a valid and binding agreement authorizing and providing for the details of the Series 2020 Bonds; NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter contained, the parties hereto agree as follows: ARTICLE I SECOND SUPPLEMENTAL AGREEMENT Section 2.101 Authorization of Second Supplemental Agreement. This Second Supplemental Agreement is authorized and executed by the Authority and delivered to the Trustee pursuant to and in accordance with Articles III and X of the Master Agreement of Trust. All terms, covenants, conditions and agreements of the Master Agreement of Trust shall apply with full force and effect to the Series 2020 Bonds and to the holders thereof, except as otherwise provided in this Second Supplemental Agreement. Page 262 of 408 2 Section 2.102 Definitions. Except as otherwise defined in this Second Supplemental Agreement, capitalized terms defined in the Master Agreement of Trust are used in this Second Supplemental Agreement with the meanings assigned to them in the Master Agreement of Trust. In addition, the following capitalized terms shall have the following meanings unless a different meaning clearly appears from the context: “Closing Date” shall mean October 13, 2020. “Second Supplemental Agreement” shall mean this Second Supplemental Agreement of Trust between the Authority and the Trustee, which supplements and amends the Master Agreement of Trust. “Letter of Representations” shall mean the Blanket Letter of Representations dated September 16, 1996, from the Authority to the Securities Depository and any amendments thereto or successor agreements between the Authority and any successor Securities Depository with respect to the Series 2020 Bonds. Notwithstanding any provision of the Master Agreement of Trust, including Article X regarding amendments, the Trustee may enter into any such amendment or successor agreement without the consent of Bondholders. “Securities Depository” shall mean The Depository Trust Company, a corporation organized and existing under the laws of the State of New York, and any other securities depository for the Series 2020 Bonds appointed pursuant to Section 2.204, and their successors. “Series 2020 Bonds” shall mean the Authority’s $[______] Public Facility Revenue Bonds (County Projects), Series 2020, authorized to be issued pursuant to this Second Supplemental Agreement. “Series 2020 Project” shall mean certain capital improvements for governmental purposes, including but not limited to (a) major maintenance for school buildings and other school system facilities and (b) road and drainage improvements. “Series 2020 Project Account” shall mean the Series 2020 Project Account established in Section 2.501 of this Second Supplemental Agreement. Section 2.103 Rules of Construction. The following rules shall apply to the construction of this Second Supplemental Agreement unless the context otherwise requires: (a)Words importing the singular number shall include the plural number and vice versa. (b)Words importing the redemption or calling for redemption of Series 2020 Bonds shall not be deemed to refer to or connote the payment of Series 2020 Bonds at their stated maturity. Page 263 of 408 3 (c)Unless otherwise indicated, all references herein to particular Articles or Sections are references to Articles or Sections of this Second Supplemental Agreement. (d)The headings herein and Table of Contents to this Second Supplemental Agreement herein are solely for convenience of reference and shall neither constitute a part of this Second Supplemental Agreement nor affect its meaning, construction or effect. (e)All references herein to payment of Series 2020 Bonds are references to payment of principal of and interest on the Series 2020 Bonds. ARTICLE II AUTHORIZATION, DETAILS AND FORM OF SERIES 2020 BONDS Section 2.201 Authorization of Series 2020 Bonds and Series 2020 Project. There are hereby authorized to be issued the Series 2020 Bonds in an aggregate principal amount of $[_______] to (a) finance the Cost of the Series 2020 Project in accordance with Article IV hereof and (b) pay the related costs of issuing the Series 2020 Bonds. Section 2.202 Details of Series 2020 Bonds. (a)The 2020 Bonds shall be designated “Public Facility Revenue Bonds (County Projects), Series 2020,” shall be dated the Closing Date, shall be issuable only as fully registered bonds in denominations of $5,000 and integral multiples thereof and shall be numbered R-1 upward. The 2020 Bonds shall bear interest at rates, payable semiannually on each April 1 and October 1, beginning April 1, 2021, and shall mature in installments on April 1 in years and amounts, as follows: Year Amount Rate Year Amount Rate 2021 2031 2022 2032 2023 2033 2024 2034 2025 2035 2026 2036 2027 2037 2028 2028 2029 2039 2030 2040 (b)Each Series 2020 Bond shall bear interest (1) from its date, if such Series 2020 Bond is authenticated prior to the first interest payment date, or (2) otherwise from the interest payment date that is, or immediately precedes, the date on which such Series 2020 Bond is authenticated; provided, however, that if at the time of authentication of any Series 2020 Bond payment of interest is in default, such Series 2020 Bond shall bear interest from the date to which Page 264 of 408 4 interest has been paid. Interest shall be calculated on the basis of a 360-day year of twelve 30- day months. (c)Principal of the Series 2020 Bonds shall be payable to the registered holder(s) upon the surrender of Series 2020 Bonds at the designated corporate trust office of the Trustee in Richmond, Virginia, or such other office as the Trustee may designate in writing, from time to time. Interest on the Series 2020 Bonds shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the registration books kept by the Trustee on the 15th day of the month preceding the month in which each interest payment date occurs; provided, however, if the Series 2020 Bonds are registered in the name of a Securities Depository or its nominee as registered holder or at the option of any registered holder of at least $1,000,000 of Series 2020 Bonds, payment shall be made by wire transfer pursuant to the wire instructions received by the Trustee from such registered holder(s). Principal and interest shall be payable in lawful money of the United States of America. Section 2.203 Form of Series 2020 Bonds. The Series 2020 Bonds shall be in substantially the form set forth in Exhibit A, with such appropriate variations, omissions and insertions as are permitted or required by the Master Agreement of Trust and this Second Supplemental Agreement. Section 2.204 Securities Depository Provisions. Initially, one certificate for each maturity of the Series 2020 Bonds will be issued and registered to the Securities Depository, or its nominee pursuant to the terms of the Letter of Representations relating to the book-entry system to be maintained by the Securities Depository with respect to the Series 2020 Bonds. In the event that (a) the Securities Depository determines not to continue to act as a securities depository for the Series 2020 Bonds by giving notice to the Trustee and the Authority discharging its responsibilities hereunder or (b) the Authority, at the direction of the County, determines (1) that beneficial owners of Series 2020 Bonds shall be able to obtain certificated Series 2020 Bonds or (2) to select a new Securities Depository, then the Trustee shall, at the direction of the Authority, attempt to locate another qualified securities depository to serve as Securities Depository or authenticate and deliver certificated Series 2020 Bonds to the beneficial owners or to the Securities Depository participants on behalf of beneficial owners substantially in the form provided for in Exhibit A; provided, however, that such form shall provide for interest on the Series 2020 Bonds to be payable (x) from the Closing Date, if it is authenticated prior to March 15, 2021, or (y) otherwise from the March 15 or September 15 that is, or immediately precedes, the date on which it is authenticated (unless payment of interest thereon is in default, in which case interest on such Series 2020 Bonds shall be payable from the date to which interest has been paid). In delivering certificated Series 2020 Bonds, the Trustee shall be entitled to rely conclusively on the records of the Securities Depository as to the beneficial owners or the records of the Securities Depository participants acting on behalf of beneficial owners. Such certificated Series 2020 Bonds will be registrable, transferable and exchangeable as set forth in Sections 204 and 205 of the Master Agreement of Trust. Page 265 of 408 5 So long as there is a Securities Depository for the Series 2020 Bonds, (A) it or its nominee shall be the registered holder(s) of the Series 2020 Bonds; (B) notwithstanding anything to the contrary in this Second Supplemental Agreement, determinations of persons entitled to payment of principal and interest, transfers of ownership and exchanges and receipt of notices shall be the responsibility of the Securities Depository and shall be effected pursuant to rules and procedures established by such Securities Depository; (C) the Authority and the Trustee shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by the Securities Depository, its participants or persons acting through such participants; (D) references in this Second Supplemental Agreement to registered holder(s) of the Series 2020 Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial owners of the Series 2020 Bonds; and (E) in the event of any inconsistency between the provisions of this Second Supplemental Agreement, other than those set forth in this paragraph and the preceding paragraph, and the provisions of the Letter of Representations such provisions of the Letter of Representations shall control. Section 2.205 Delivery of Series 2020 Bonds. The Trustee shall authenticate and deliver the Series 2020 Bonds when there have been filed with or delivered to it all items required by Section 303 of the Master Agreement of Trust. ARTICLE III REDEMPTION OF SERIES 2020 BONDS Section 2.301 Redemption Date and Price. The Series 2020 Bonds may not be called for redemption by the Authority except as stated herein. The Series 2020 Bonds maturing on and before April 1, 2030, will not be subject to redemption prior to maturity. The Series 2020 Bonds maturing on and after April 1, 2031, will be subject to redemption prior to maturity, at the option of the Authority upon the direction of the County, on or after April 1, 2030, in whole or in part (in $5,000 integral multiples) at any time, upon payment of 100% of the principal amount to be redeemed, plus interest accrued to the date fixed for redemption. Section 2.302 Selection of Series 2020 Bonds for Redemption. If less than all of the Series 2020 Bonds are called for optional redemption, the maturities of the Series 2020 Bonds, or portions thereof, to be redeemed shall be selected by the County. If less than all of the Series 2020 Bonds of a maturity are called for optional redemption, the Series 2020 Bonds to be redeemed shall be selected by the Securities Depository or any successor securities depository pursuant to its rules and procedures or, if the book-entry system is discontinued, shall be selected by the Trustee by lot in such manner as the Trustee in its discretion may determine. The portion of any Series 2020 Bond to be redeemed shall be in the principal amount of $5,000 or some multiple thereof. In selecting Series 2020 Bonds for redemption, each Series 2020 Bond shall be considered as representing that number of Series 2020 Bonds that is obtained by dividing the principal amount of such Series 2020 Bond by $5,000. If a portion of a Series 2020 Bond shall be called for redemption, a new Series 2020 Page 266 of 408 6 Bond in principal amount equal to the unredeemed portion thereof shall be issued to the registered owner upon the surrender thereof. Section 2.303 Notice of Redemption. Notice of redemption of Series 2020 Bonds shall be given in the manner set forth in Section 402 of the Master Agreement of Trust. ARTICLE IV APPLICATION OF PROCEEDS OF SERIES 2020 BONDS Section 2.401 Application of Proceeds of Series 2020 Bonds. (a)Contemporaneously with the issuance of the Series 2020 Bonds, the Trustee shall transfer the proceeds of the good faith check for the Series 2020 Bonds in the amount of $[______] from the Series 2019B Project Account to the Series 2020 Project Account. (b)The remaining proceeds of the Series 2020 Bonds ($[_______]), shall be paid to the Trustee and upon receipt shall be deposited in the Series 2020 Project Account. ARTICLE V ESTABLISHMENT OF ACCOUNTS Section 2.501 Series 2020 Project Account. There shall be established within the Project Fund a special account entitled “Series 2020 Project Account.” The proceeds of the Series 2020 Bonds specified in Section 2.401 shall be deposited in the Series 2020 Project Account. Money in the Series 2020 Project Account shall be used in accordance with the provisions of Section 503 of the Master Agreement of Trust to pay Costs of the Series 2020 Project. Section 2.502 Debt Service Reserve Fund. No Series account shall be established in the Debt Service Reserve Fund in connection with the Series 2020 Bonds and no moneYs in the Debt Service Reserve Fund (if later funded in connection with the issuance of Additional Bonds) shall secure the Series 2020 Bonds. ARTICLE VI SECURITY FOR SERIES 2020 BONDS Section 2.601 Security for Series 2020 Bonds. The Series 2020 Bonds shall be equally and ratably secured under the Master Agreement of Trust with any other Series issued pursuant to Article III of the Master Agreement of Trust, Page 267 of 408 7 without preference, priority or distinction of any Bonds over any other Bonds, except as provided in the Master Agreement of Trust. ARTICLE VII MISCELLANEOUS Section 2.701 Limitations on Use of Proceeds. The Authority intends that interest on the Series 2020 Bonds shall be excluded from gross income for federal income tax purposes. The Authority covenants with the holders of the Series 2020 Bonds not to take any action that would adversely affect, and to take all action within its power necessary to maintain, the exclusion of interest on all Series 2020 Bonds from gross income for federal income tax purposes. Section 2.702 Limitation of Rights. With the exception of rights herein expressly conferred, nothing expressed or mentioned in or to be implied from this Second Supplemental Agreement or the Series 2020 Bonds is intended or shall be construed to give to any person other than the parties hereto and the holders of Series 2020 Bonds any legal or equitable right, remedy or claim under or in respect to this Second Supplemental Agreement or any covenants, conditions and agreements herein contained since this Second Supplemental Agreement and all of the covenants, conditions and agreements hereof are intended to be and are for the sole and exclusive benefit of the parties hereto and the holders of Series 2020 Bonds as herein provided. Section 2.703 Severability. If any provision of this Second Supplemental Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not invalidate any other provision hereof and this Second Supplemental Agreement shall be construed and enforced as if such illegal provision had not been contained herein. Section 2.704 Successors and Assigns. This Second Supplemental Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. Section 2.705 Applicable Law. This Second Supplemental Agreement shall be governed by the applicable laws of the Commonwealth of Virginia. Section 2.706 Counterparts. This Second Supplemental Agreement may be executed in several counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument. Page 268 of 408 8 Section 2.707 Patriot and U.S.A. Freedom Act Requirements of Trustee. To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. For a non-individual person such as a business entity, a charity, a trust, or other legal entity, the Trustee may request documentation to verify such non-individual person’s formation and existence as a legal entity. The Trustee may also request financial statements, licenses, identification and authorization documents from individuals claiming authority to represent the entity or other relevant documentation. [Remainder of Page Intentionally Left Blank] Page 269 of 408 [Signature Page to Second Supplemental Agreement of Trust] IN WITNESS WHEREOF, the Authority and the Trustee have caused this Second Supplemental Agreement to be executed in their respective corporate names as of the date first above written. ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD By John Cogbill, Chair U.S. BANK NATIONAL ASSOCIATION, as Trustee By Monique L. Green, Vice President Acknowledged and Consented To: BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, ON BEHALF OF THE COUNTY OF CHESTERFIELD, VIRGINIA By Dr. Joseph P. Casey, County Administrator Page 270 of 408 A-1 EXHIBIT A Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation (“DTC”), to the issuer or its agent for registration of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED REGISTERED RB-1 $_____________ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD Public Facility Revenue Bond (County Projects), Series 2020 INTEREST RATE MATURITY DATE DATED DATE CUSIP ____%[April 1, 20__]October [13], 2020 [______ ___] REGISTERED OWNER:CEDE & CO. PRINCIPAL AMOUNT: [____________] DOLLARS The Economic Development Authority of the County of Chesterfield, a political subdivision of the Commonwealth of Virginia (the “Authority”), for value received, hereby promises to pay upon surrender hereof at the designated corporate trust office of U.S. Bank National Association, Richmond, Virginia, as trustee, or its successor in trust (the “Trustee”), under the Agreement of Trust (as hereinafter defined) solely from the source and as hereinafter provided, to the registered owner hereof, or its registered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay, solely from such source, interest hereon on each April 1 and October 1, beginning April 1, 2021, at the annual rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Interest is payable (a) from the Dated Date, if this bond is authenticated prior to March 15, 2021, or (b) otherwise from the March 15 or September 15 that is, or immediately precedes, the date on which this bond is authenticated (unless payment of interest hereon is in default, in which case this bond shall bear interest from the date to which interest has been paid). Interest is payable by check or draft mailed to the registered owner hereof at its address as it appears on the 15th day of the month preceding the month in which Page 271 of 408 A-2 each interest payment date occurs on registration books kept by the Trustee; provided, however, that (x) if the 2020 Bonds (as hereinafter defined) are registered in the name of The Depository Trust Company (“DTC”), or any successor securities depository, or its nominee as registered owner or (y) at the option of a registered owner of at least $1,000,000 of 2020 Bonds, payment will be made by wire transfer pursuant to the most recent wire instructions received by the Trustee from such registered owner. If such interest payment date is not a Business Day (as defined in the Agreement of Trust), such payment shall be made on the next succeeding Business Day with the same effect as if made on the day such payment was due and no interest shall accrue hereon. Principal and interest are payable in lawful money of the United States of America. Notwithstanding any other provision hereof, this bond is subject to book-entry form maintained by DTC, and the payment of principal and interest, the providing of notices and other matters shall be made as described in the Authority’s Letter of Representations to DTC. This bond is one of an issue of $[______] Public Facility Revenue Bonds (County Projects), Series 2020 (the “2020 Bonds”), authorized and issued pursuant to the Virginia Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended. The 2020 Bonds are issued under and secured by an Agreement of Trust dated as of August 1, 2019, between the Authority and the Trustee, as previously supplemented and as further supplemented by a Second Supplemental Agreement of Trust dated as of October 1, 2020 (collectively, the “Agreement of Trust”). The Series 2020 Bonds will be secured on a parity with the outstanding principal amount of the Authority’s $45,705,000 Public Facility Revenue Bonds (County Project), Series 2019B (the “2019B Bonds”). The Agreement of Trust assigns to the Trustee, as security for the 2019B Bonds, the 2020 Bonds and any additional bonds to be issued under the Agreement of Trust, (a) the revenues and receipts derived from a Financing Agreement dated as of August 1, 2019, as supplemented by a First Supplemental Financing Agreement dated as of October 1, 2020 (collectively, the “Financing Agreement”), between the Authority and the County of Chesterfield, Virginia (the “County”), and (b) the Authority’s rights under the Financing Agreement (except for the Authority’s rights under the Financing Agreement to the payment of certain fees and expenses and the rights to notices). Reference is hereby made to the Agreement of Trust for a description of the provisions, among others, with respect to the nature and extent of the security, the rights, duties and obligations of the Authority and the Trustee, the rights of the holders of the 2020 Bonds and the terms upon which the 2020 Bonds are issued and secured. Additional bonds secured by a pledge of revenues and receipts derived from the County under the Financing Agreement on a parity with the 2019B Bonds and the 2020 Bonds may be issued under the terms and conditions set forth in the Agreement of Trust. Capitalized terms not otherwise defined herein shall have the meanings assigned such terms in the Agreement of Trust. The 2020 Bonds are issued to (a) finance costs of certain capital improvements for general governmental purposes, including but not limited to (i) major maintenance for school buildings and other school system facilities and (ii) road and drainage improvements and (b) pay the related costs of issuing the 2020 Bonds. Under the Financing Agreement, the County has agreed to make payments that will be sufficient to pay the principal of and interest on the 2020 Bonds as the same shall become due in accordance with their terms and the provisions and the Page 272 of 408 A-3 terms of the Agreement of Trust; provided, however, that the undertaking of the County to make such payments constitutes a current expense of the County that is subject to appropriation by the County Board of Supervisors from time to time of sufficient moneYs for such purposes. The undertaking of the County to make payments under the Financing Agreement constitutes neither a debt of the County within the meaning of any constitutional or statutory limitation nor a liability of or a lien or charge upon funds or property of the County beyond any fiscal year for which the County has appropriated moneys to make such payments. THE 2020 BONDS AND THE INTEREST THEREON ARE LIMITED OBLIGATIONS OF THE AUTHORITY PAYABLE SOLELY FROM REVENUES AND RECEIPTS DERIVED FROM THE COUNTY RECEIVED BY THE AUTHORITY UNDER THE FINANCING AGREEMENT AND FROM CERTAIN FUNDS, TOGETHER WITH THE INVESTMENT INCOME THEREON, HELD UNDER THE AGREEMENT OF TRUST, WHICH REVENUES, RECEIPTS AND FUNDS HAVE BEEN PLEDGED AND ASSIGNED TO SECURE PAYMENT THEREOF. THE 2020 BONDS AND INTEREST THEREON SHALL NOT BE DEEMED TO CONSTITUTE A GENERAL OBLIGATION DEBT OR A PLEDGE OF THE FAITH AND CREDIT OF THE COMMONWEALTH OF VIRGINIA OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE COUNTY. NEITHER THE COMMONWEALTH OF VIRGINIA NOR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE COUNTY, SHALL BE OBLIGATED TO PAY THE PRINCIPAL OF OR INTEREST ON THE 2020 BONDS OR OTHER COSTS INCIDENT THERETO EXCEPT FROM THE REVENUES AND RECEIPTS PLEDGED AND ASSIGNED THEREFOR, AND NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE COMMONWEALTH OF VIRGINIA, OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE COUNTY, IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THE 2020 BONDS OR OTHER COSTS INCIDENT THERETO. THE AUTHORITY HAS NO TAXING POWER. No covenant, condition or agreement contained herein shall be deemed to be a covenant, agreement or obligation of any present or future director, officer, employee or agent of the Authority in their individual capacity, and neither the Chair of the Authority nor any officer thereof executing this bond shall be liable personally on the 2020 Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. The 2020 Bonds may not be called for redemption by the Authority except as provided herein and in the Agreement of Trust. Optional Redemption. The 2020 Bonds maturing on and before April 1, 2030, will not be subject to redemption prior to maturity. The 2020 Bonds maturing on and after April 1, 2031, will be subject to redemption prior to maturity, at the option of the Authority upon the direction of the County, on or after April 1, 2030, in whole or in part (in $5,000 integral multiples) at any time, upon payment of 100% of the principal amount to be redeemed, plus interest accrued to the date fixed for redemption. If less than all of the Series 2020 Bonds are called for optional redemption, the maturities of the Series 2020 Bonds, or portions thereof, to be redeemed shall be selected by the County. If Page 273 of 408 A-4 less than all of the 2020 Bonds of any maturity are called for optional redemption, the 2020 Bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book-entry system is discontinued, shall be selected by the Trustee by lot in such manner as the Trustee in its discretion may determine. The portion of any 2020 Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof. In selecting 2020 Bonds for redemption, each 2020 Bond shall be considered as representing that number of 2020 Bonds that is obtained by dividing the principal amount of such 2020 Bond by $5,000. If any of the 2020 Bonds or portions thereof are called for redemption, the Trustee shall send notice of the call for redemption, identifying the 2020 Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the date fixed for redemption, by facsimile or other electronic means, registered or certified mail, overnight express delivery or such other means acceptable to the registered owner, to the registered owner of the 2020 Bonds. Such notice may state that (1) it is conditioned upon the deposit of moneys, in an amount equal to the amount necessary to effect the redemption, with the Trustee no later than the date fixed for redemption or (2) the Authority retains the right to rescind such notice on or prior to the date fixed for redemption, and such notice and optional redemption shall be of no effect if such moneys are not so deposited or if the notice is rescinded. Provided funds for their redemption are on deposit at the place of payment on the date fixed for redemption, all 2020 Bonds or portions thereof so called for redemption shall cease to bear interest on such date, shall no longer be secured by the Agreement of Trust and shall not be deemed to be Outstanding under the provisions of the Agreement of Trust. If a portion of this bond shall be called for redemption, a new bond in principal amount equal to the unredeemed portion hereof will be issued to DTC or its nominee upon surrender hereof, or if the book-entry system is discontinued, to the registered owners of the 2020 Bonds. The registered owner of this bond shall have no right to enforce the provisions of the Agreement of Trust or to institute any action to enforce the covenants therein or to take any action with respect to any Event of Default under the Agreement of Trust or to institute, appear in or defend any suit or other proceedings with respect thereto, except as provided in the Agreement of Trust. Modifications or alterations of the Agreement of Trust or the Financing Agreement, or of any supplement thereto, may be made only to the extent and in the circumstances permitted by the Agreement of Trust. The 2020 Bonds are issuable as registered bonds in the denomination of $5,000 and integral multiples thereof. Upon surrender for transfer or exchange of this bond at the designated corporate trust office of the Trustee in Richmond, Virginia, together with an assignment duly executed by the registered owner or its duly authorized attorney or legal representative in such form as shall be satisfactory to the Trustee, the Authority shall execute, and the Trustee shall authenticate and deliver in exchange, a new bond or bonds in the manner and subject to the limitations and conditions provided in the Agreement of Trust, having an equal aggregate principal amount, in authorized denominations, of the same series, form and maturity, bearing interest at the same rate and registered in the name or names as requested by the then registered owner hereof or its duly authorized attorney or legal representative. Any such exchange shall be at the expense of the Authority, except that the Trustee may charge the person requesting such Page 274 of 408 A-5 exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Trustee shall treat the registered owner as the person exclusively entitled to payment of principal and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as holder on the 15th day of the month preceding the month in which each interest payment date occurs. All acts, conditions and things required to happen, exist or be performed precedent to and in connection with the issuance of this bond have happened, exist and have been performed. This bond shall not become obligatory for any purpose or be entitled to any security or benefit under the Agreement of Trust or be valid until the Trustee shall have executed the Certificate of Authentication appearing hereon and inserted the date of authentication hereon. IN WITNESS WHEREOF, the Economic Development Authority of the County of Chesterfield has caused this bond to be signed by its Chair, its seal to be imprinted hereon and attested by its Secretary, and this bond to be dated the Dated Date. ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD (SEAL)By_______________________________________ Chair Attest: Secretary Page 275 of 408 A-6 CERTIFICATE OF AUTHENTICATION Date Authenticated: _______________ This bond is one of the 2020 Bonds described in the within mentioned Agreement of Trust. U.S. BANK NATIONAL ASSOCIATION, as Trustee By Authorized Representative Page 276 of 408 A-7 ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto ______________________________________________________________________________ ______________________________________________________________________________ (please print or typewrite name and address, including zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE _________________________________ : : : : :________________________________: the within Bond and all rights thereunder, hereby irrevocably constituting and appointing ______________________________________________________________________________ ____________, Attorney, to transfer said Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: _______________________ Signature Guaranteed _________________________________________________________________ NOTICE: Signature(s) must be guaranteed (Signature of Registered Owner by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company,NOTICE: The signature above must Securities Broker/Dealer, Credit Union,correspond with the name of the or Savings Association who is a member registered owner as it appears on the of a medallion program approved by The front of this bond in every particular, Securities Transfer Association, Inc.without alteration or enlargement or any change whatsoever. Page 277 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 13.B.17. Subject: Accept and Appropriate a Grant of $227,493 in FY2021 Federal Transit Administration (FTA) Section 5310 Operating and Mobility Management Funding Board Action Requested: Accept and appropriate FY2021 Federal Transit Administration (FTA) Section 5310 Operating and Mobility Management Funding grant, in the amount of $227,493, from the Virginia Department of Rail and Public Transportation. Of this total, $200,000 is intended to purchased transportation to be used solely for providing accessible transport to individuals with disabilities and $27,493 is to be used to support a part-time Mobility Coordinator to support the Access On Demand service. Summary of Information: Chesterfield County Citizen Information and Resources (CIR), Mobility Services, has been notified that the proposed FY2021 Federal Transit Administration (FTA) Section 5310 grant requests have been awarded. Specifically, CIR is awarded a total of $227,493; $22,493 in operating funds to support a part-time Mobility Coordinator and $200,000 for purchased transportation services provided to people with disabilities. This grant requires a 10 percent match in the amount of $22,750 which will be met through in-kind Other Contractual Services (transportation services) expenses incurred during the project activities. The funding for the Other Contractual Services is already included in the department’s FY2021 adopted operating budget. Attachments: None Preparer:Emily Ashley, Director, Citizen Information and Resources Andrea Peeks, Director of Budget and Management Approved By: Page 278 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 13.B.18. Subject: Authorize the County Administrator to Renew a Health Care Contract with Anthem Blue Cross and Blue Shield and Execute a Dental Care Contract with Delta Dental of Virginia for 2021, and to Transfer Related Savings to the Health Care Fund Board Action Requested: The Board of Supervisors is requested to authorize the County Administrator to renew the County’s contract with Anthem Blue Cross and Blue Shield (Anthem), execute a new contract with Delta Dental of Virginia (Delta) for 2021, and to authorize the County Administrator to transfer budgeted FY2021 savings to the health care fund. Summary of Information: With the technical assistance of USI Insurance Services, a national benefit consulting firm, County and Schools staff recently completed renewal negotiations for the 2021 employee health programs. It is recommended that the County renew the contract with Anthem and execute a new contract with Delta. Under the proposed 2021 Health Care Program, employees will have the choice of the current Point-of-Service 25 (POS 25) Plan and a High Deductible Health Plan (HDHP) with a Health Savings Account (HSA). County and Schools staff, along with our health care consultant, are not recommending any benefit changes. The renewal increase for health care is 4.1 percent. (2020/2021 rates comparison chart is attached.) Both the County and employees will see a 4.1 percent increase in their respective share of the total rates for 2021, which allows the County to remain competitive with the benefit plans of other local government employers in the region. A team consisting of staff from both County and Schools recently completed the RFP process for dental insurance beginning in 2021. The team ultimately chose to remain with Delta Dental. The overall increase for dental premiums is 3.3 percent. Contract negotiations resulted in rate guarantees for 2022 & 2023, and rate caps of 4.5 percent for year 2024 and 5 percent for 2025. The County plans to continue to contribute $10 per month toward the cost of dental coverage for 2021. The County will continue to offer three dental plans (basic, comprehensive and a Dental Exclusive Provider Organization “Dental EPO”). There will be no changes in dental benefits. Members of the Audit and Finance Committee were briefed on health care and dental care matters on June 1, Page 279 of 408 2020; and the School Board passed a similar agenda item (attached) at its August 11, 2020, meeting. Benefits Open Enrollment is scheduled for October. Detailed information describing the benefits plans will be distributed to employees to assist them in making an informed decision. The new plan year begins January 1, 2021. The FY2021 budget assumed an increase in health care rates in line with longer run renewal trends. Based on the rates being considered here, it is possible there will be savings across all funds, including Schools, that could materialize in FY2021. As was done in FY2020, the recommendation would be to grant the County Administrator the authority to continue to more positively position the health care fund by transferring savings to the fund at year-end. A healthy health care fund balance helps meet liabilities for incurred but not reported claims, and also helps mitigate rate increases during years with less favorable renewals. Attachments: 1.Monthly HC Rates for BOS 2020 to 2021 2.Monthly Dental Rates for BOS 2020 to 2021 3.CCPS - MEMO #095-20 2021 Health and Dental Contracts Preparer:Wanda Kidd, Admin. Assistant Approved By: Page 280 of 408 CH E S T E R F I E L D   C O U N T Y   20 2 0 / 2 0 2 1   H E A L T H C A R E   R A T E S   C O M P A R I S O N MO N T H L Y An t h e m   A n t h e m A n t h e m A n t h e m A n t h e m A n t h e m HS A H S A P O S   2 5 P O S   2 5 P P O P P O 20 2 0 2 0 2 1 2 0 2 0 2 0 2 1 2 0 2 0 2 0 2 1 Em p l o y e e   O n l y          E m p l o y e e   C o s t $2 3 . 0 0 $ 2 4 . 0 0 $ 7 0 . 0 0 $ 7 3 . 0 0 $ 2 6 7 . 0 0 $ 2 7 8 . 0 0          E m p l o y e r   C o s t $5 9 9 . 0 0 $ 6 2 4 . 0 0 $ 6 0 9 . 0 0 $ 6 3 4 . 0 0 $ 6 0 9 . 0 0 $ 6 3 4 . 0 0          T o t a l   C o s t $6 2 2 . 0 0 $ 6 4 8 . 0 0 $ 6 7 9 . 0 0 $ 7 0 7 . 0 0 $ 8 7 6 . 0 0 $ 9 1 2 . 0 0 Em p l o y e e   &   C h i l d          E m p l o y e e   C o s t $2 2 2 . 0 0 $ 2 3 1 . 0 0 $ 3 1 4 . 0 0 $ 3 2 7 . 0 0 $ 6 2 8 . 0 0 $ 6 5 4 . 0 0          E m p l o y e r   C o s t $7 7 4 . 0 0 $ 8 0 6 . 0 0 $ 7 7 4 . 0 0 $ 8 0 6 . 0 0 $ 7 7 4 . 0 0 $ 8 0 6 . 0 0          T o t a l   C o s t $9 9 6 . 0 0 $ 1 , 0 3 7 . 0 0 $ 1 , 0 8 8 . 0 0 $ 1 , 1 3 3 . 0 0 $ 1 , 4 0 2 . 0 0 $ 1 , 4 6 0 . 0 0 Em p l o y e e   &   C h i l d r e n          E m p l o y e e   C o s t $3 6 4 . 0 0 $ 3 7 9 . 0 0 $ 4 7 7 . 0 0 $ 4 9 7 . 0 0 $ 8 6 0 . 0 0 $ 8 9 5 . 0 0          E m p l o y e r   C o s t $8 5 0 . 0 0 $ 8 8 5 . 0 0 $ 8 5 0 . 0 0 $ 8 8 5 . 0 0 $ 8 5 0 . 0 0 $ 8 8 5 . 0 0          T o t a l   C o s t $1 , 2 1 4 . 0 0 $ 1 , 2 6 4 . 0 0 $ 1 , 3 2 7 . 0 0 $ 1 , 3 8 2 . 0 0 $ 1 , 7 1 0 . 0 0 $ 1 , 7 8 0 . 0 0 Em p l o y e e   &   S p o u s e            E m p l o y e e   C o s t $3 6 4 . 0 0 $ 3 7 9 . 0 0 $ 4 7 7 . 0 0 $ 4 9 7 . 0 0 $ 8 6 0 . 0 0 $ 8 9 5 . 0 0            E m p l o y e r   C o s t $8 5 0 . 0 0 $ 8 8 5 . 0 0 $ 8 5 0 . 0 0 $ 8 8 5 . 0 0 $ 8 5 0 . 0 0 $ 8 8 5 . 0 0            T o t a l   C o s t $1 , 2 1 4 . 0 0 $ 1 , 2 6 4 . 0 0 $ 1 , 3 2 7 . 0 0 $ 1 , 3 8 2 . 0 0 $ 1 , 7 1 0 . 0 0 $ 1 , 7 8 0 . 0 0 Em p l o y e e   &   F a m i l y            E m p l o y e e   C o s t $5 4 5 . 0 0 $ 5 6 8 . 0 0 $ 7 1 6 . 0 0 $ 7 4 6 . 0 0 $ 1 , 2 9 6 . 0 0 $ 1 , 3 5 0 . 0 0            E m p l o y e r   C o s t $1 , 2 9 0 . 0 0 $ 1 , 3 4 3 . 0 0 $ 1 , 2 9 0 . 0 0 $ 1 , 3 4 3 . 0 0 $ 1 , 2 9 0 . 0 0 $ 1 , 3 4 3 . 0 0            T o t a l   C o s t $1 , 8 3 5 . 0 0 $ 1 , 9 1 1 . 0 0 $ 2 , 0 0 6 . 0 0 $ 2 , 0 8 9 . 0 0 $ 2 , 5 8 6 . 0 0 $ 2 , 6 9 3 . 0 0 August, 2020 Page 281 of 408 CHESTERFIELD COUNTY 2020/2021 DENTAL RATES COMPARISON MONTHLY Delta Delta Delta Delta Delta Delta Basic Basic Comprehensive Comprehensive EPO/PPO EPO/PPO 2020 2021 2020 2021 2020 2021 Employee Only Employee Cost $15.66 $16.02 $30.98 $32.38 $15.74 $17.90 Employer Cost $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 Total Cost $25.66 $26.02 $40.98 $42.38 $25.74 $27.90 Employee & Child Employee Cost $26.02 $26.52 $47.36 $49.32 $26.14 $29.18 Employer Cost $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 Total Cost $36.02 $36.52 $57.36 $59.32 $36.14 $39.18 Employee & Children Employee Cost $26.02 $26.52 $47.36 $49.32 $26.14 $29.18 Employer Cost $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 Total Cost $36.02 $36.52 $57.36 $59.32 $36.14 $39.18 Employee & Spouse Employee Cost $43.90 $44.66 $76.04 $78.98 $44.04 $48.58 Employer Cost $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 Total Cost $53.90 $54.66 $86.04 $88.98 $54.04 $58.58 Employee & Family Employee Cost $61.92 $62.94 $104.72 $108.62 $62.12 $68.18 Employer Cost $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 Total Cost $71.92 $72.94 $114.72 $118.62 $72.12 $78.18 *Delta Dental guaranteed their rates for the first 3 years of the contract. They also guaranteed the rate cap for years 4-5 as follows: Year 4 4.50% Year 5 5.00% August, 2020 Page 282 of 408 CHESTERFIELD COUNTY PUBLIC SCHOOLS CHESTERFIELD, VIRGINIA CCPS MEMORANDUM #095-20 Aug. 11, 2020 TO:School Board FROM:Mervin B. Daugherty, Ed.D. Superintendent SUBJECT:2021 Health and Dental Contracts SUPPORTING DOCUMENTS ATTACHMENT A: 2021 Health and Dental Rate Chart PERTINENT INFORMATION This is the fifth year of a five-year contract with Anthem Health Plan. The renewal called for a 4.1% increase with no benefit changes. This increase will be split evenly between the School Board and employees. Employees will continue to have a choice of the Lumenos High Deductible Health Plan (HDHP) with a Health Savings Account (HSA) and the Point of Service 25 (POS) plan. The dental plan underwent a competitive bid process following a five-year contract with Delta Dental that is ending on Dec. 31, 2020. Following negotiations, Delta Dental is being recommended for award of a contract beginning Jan. 1, 2021. For 2021, the dental rates will increase by 3.3% with no benefit changes and will include a rate cap for each year of the five-year contract. The school division will continue to contribute $10 per month toward the cost of the dental insurance. School Board and Board of Supervisor members through the joint Audit and Finance Committee were briefed on the renewal on June 1, 2020. Open enrollment is scheduled for October. Detailed information describing the benefit plans will be distributed to our employees to assist them in making an informed decision. The new plan year begins Jan. 1, 2021. RECOMMENDED ACTION It is recommended that the School Board authorize the Superintendent to renew the health contract with Anthem and begin a new dental contract with Delta Dental for 2021. Page 283 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 13.B.19. Subject: Acceptance of State Roads Board Action Requested: Adoption of resolutions for the referenced state roads acceptances. Summary of Information: Dale District: Glen Kilchurn Section 2 Attachments: 1.2020-08-26 Dale - Glen Kilchurn Section 2 Preparer:Scott Smedley, Director of Environmental Engineering Approved By: Page 284 of 408 Page 285 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 13.B.20. Subject: Conveyance of an Easement to Virginia Electric and Power Company for a 15' Underground Easement for Service to the New Ettrick Elementary School at 20910 Chesterfield Avenue Board Action Requested: Authorize the Chair of the Board of Supervisors and the County Administrator to execute an agreement with Virginia Electric and Power Company for a 15' underground easement for service to the new Ettrick Elementary School at 20910 Chesterfield Avenue. Summary of Information: Staff recommends that the Board of Supervisors authorize the Chair of the Board of Supervisors and the County Administrator to execute an agreement with Virginia Electric and Power Company for a 15' underground easement for service to the new Ettrick Elementary School at 20910 Chesterfield Avenue. This request has been reviewed by county and schools staff. Approval is recommended. Attachments: 1.Ettrick Elementary Virginia Power Vicinity Sketch 2.Ettrick Elementary Virginia Power Easement Plat Preparer:Dean Sasek, Real Property Manager Approved By: Page 286 of 408 Ettrick Elementary School20910 Chesterfield Avenue P A I N E S T RUTLEDGE AVE G R E E N W O O D D R H O P K I N S S T ORANGE HILL AVE G R A N G E R S T CHESTERFIELD AVE J A M E S S TCHESTERFIELD PLZ RIVER RD J A C K S O N S T C O N N E C T O R R D SECOND AVE Board of Supervisors Meeting - August 26, 2020Conveyance of an Easement to Virginia Electricand Power Company Chesterfield CountyReal Property Office 1 inch = 200 feetSnowD 07-29-2020 µ Page 287 of 408 15' ----- LEGEND Dist rict CENTRAL PLAT TO ACCOMPANY 1-D -ist-ri-ct---To_w_n-sh-ip---B-or-o-ug _h ____ C_o_u_nty- --C-ity __ _._ ___ S_ta-te----1 RIGHT -OF-WAY AGREEMENT 80'± UG - - - Location of Boundary Lines of Right-of-Way 15' in Width. ,___MATOACA_____ _______ CH_E_S_T _ER_F_IE_L_D ____ V_A __ __, V IRGINIA ELECTRIC AND POWER COMPANY ffice Plat Number doing business as -� -Indicat es Property Line is WEST BROAD 00-20-0215 Right-of-Way Boundary 15'in Width.1---------------------------1 Dominion Energy VirginiaWork Request Number Grid Number Proposed Buil ding Layout 1 02591 30 MO 135 DATE 05/15/2020 BY J. MILLER OW NER INITIALS ____ _ Page 5 of 5 Page 288 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 13.B.21. Subject: Approval by the Board of Supervisors of the Appointment of Dr. James D. Worsley as Deputy County Administrator Board Action Requested: The Board is requested to approve the appointment of Dr. James D. Worsley as Deputy County Administrator. Summary of Information: Under § 4.2 of the County Charter, the Board must approve the appointment of Deputy County Administrators as recommended by the County Administrator. The County Administrator recommends that the Board approve the appointment of Dr. James D. Worsley as Deputy County Administrator effective October 1, 2020. Attachments: None Preparer:Wanda Kidd, Admin. Assistant Approved By: Page 289 of 408 Providing a FIRST CHOICE community through excellence in public service CASE NUMBER: 20SN0559 APPLICANTS: S. L. Nusbaum Realty Co., Salisbury Corp., and Ralph J. Costen, Jr. CHESTERFIELD COUNTY, VIRGINIA MIDLOTHIAN DISTRICT STAFF’S ANALYSIS AND RECOMMENDATION 12.8 Acres – 14726 Wylderose Ave 14731 Midlothian Tpke Board of Supervisors (BOS) Public Hearing: AUGUST 26, 2020 BOS Time Remaining: 365 DAYS Applicant’s Contact: Jeffrey Geiger (804-771-9557) Planning Department Case Manager: Harold Ellis (804-768-7592) REQUEST Rezoning from Light Industrial (I-1) to Multi-Family Residential District (R-MF) with Conditional Use Planned Development (CUPD) to permit multi-family uses plus exceptions to ordinance requirements. Notes: A. Conditions may be imposed or the property owner may proffer conditions. B. Proffered conditions, Textual Statement, and Exhibits are located in Attachments 1 - 2 SUMMARY A multifamily residential development, known as Wylderose Apartments, is proposed on property located along Wylderose Ave. A total of 160 dwelling units are planned, yielding a density of approximately 14.5 dwelling units per acre. Exceptions to ordinance requirements are requested to provide for flexibility in overall development design. Per Chesterfield County Board of Supervisors policy, the traffic impact per multi-family unit is assessed at $5,640. The traffic impact of the development based on this calculation would be valued at $902,400 (160 units x $5,640). The applicant has proffered to pay $5,640 per dwelling unit to address the traffic impact of the development. Proffered conditions offered by the applicant with this case provide quality design and architectural standards that will complement the surrounding area. RECOMMENDATIONS PLANNING COMMISSION APPROVAL STAFF PLANNING – APPROVAL Quality design and architecture provide for a convenient, attractive, and harmonious community. TRANSPORTATION – APPROVAL The development’s traffic impact will be addressed by providing cash payments. Page 290 of 408 Providing a FIRST CHOICE community through excellence in public service Page 291 of 408 3 20SN0559-2020AUG26-BOS-RPT Comprehensive Plan Classification: REGIONAL MIXED USE The designation suggests the property is appropriate for an integrated mixture of highly concentrated corporate office, commercial, light industrial/research and development, and higher density residential uses, with the majority of uses being non-residential. Residential uses should be developed in conjunction with non- residential uses. Urban or Traditional Neighborhood design standards are suggested. Surrounding Land Uses and Development VA Rt. 288 Midlothian Tpke Wylderose Ave Commercial/Retail/ Residential Uses -Westchester Commons Commercial Uses Multi-family Residential Page 292 of 408 4 20SN0559-2020AUG26-BOS-RPT PLANNING Staff Contact: Harold Ellis (804-768-7592) ellish@chesterfield.gov Zoning History Case Number Request 87SN0064 Approved (9/1987) • Rezoning of approximately 375 acres from Agricultural (A), Residential (R-9), and Residential (R-40) to Residential (R-9), Residential (R-25), Office Business (O), and Light Industrial (M-1) with Conditional Use Planned Development. A mixed-use development with residential, office, and light industrial uses was planned. 99SN0229 Approved (4/1999) • Amendment to Conditional Use Planned Development (87SN0064) o Amendment to previously approved textual statement to allow a maximum of the 128 multi-family units to have less than 900 gross square footage, but no less than 740 square feet. The previously approved minimum square footage was 900. o Amendment to previously approved textual statement and zoning conditions to allow a portion of the property (Tract F) to be developed without submitting a schematic plan. o Amended previously approved master plan to allow a portion of Tract C to be developed with permitted uses allowable in Tract A. 03SN0267 Approved (6/2003) • Amendment to Conditional Use Planned Development (87SN0064, Condition 22) to allow individual property owners to file schematic/subdivision plans independent of other property owners, rather than for an entire Tract as originally approved. Proposal A multi-family residential development, known as Wylderose Apartments, with a maximum of 160 dwelling units is proposed. The development concept for the proposed apartments consists of a clubhouse with pool, four (4) buildings, with 32 units in two of the buildings, and 48 units in the other two buildings, and four (4) stories, as detailed in Exhibit A, Concept Plan. Two points of access to the property are planned, both from Wylderose Avenue. Ordinance Exceptions Conditional Use Planned Development is requested to permit exceptions to ordinance requirements. Exceptions are requested to development standards, including: Page 293 of 408 5 20SN0559-2020AUG26-BOS-RPT • Total project size: o 10 acres proposed, minimum 20 required per zoning ordinance • Density: o 14.54 units per acre proposed, 10 units per acre maximum per zoning ordinance • Width of access drives: o 26 feet proposed, minimum 30 feet required per zoning ordinance • Total parcel coverage: o 50% proposed, maximum 40% per zoning ordinance • Maximum dwelling units per floor: o 12 proposed, maximum 10 per zoning ordinance • Maximum building height: o 4 stories, maximum 3 stories per zoning ordinance Staff is supportive of the ordinance exceptions in order to allow flexibility in overall project design. Design High quality residential development addresses the Comprehensive Plan goals for strong and sustainable neighborhoods that are visually attractive, well-planned and well-maintained. Further, the purpose and intent of the zoning ordinance to promote the health, safety, convenience and general welfare of the public includes the creation of convenient, attractive and harmonious communities, protection against overcrowding of land, and protection of the natural environment. As such, developments that promote unique, viable and long-lasting places and enhance the community are encouraged. The following provides an overview of design requirements offered as part of this request. Community Design • Concept Plan (Exhibit A) • Active and passive recreational provisions o Indoor: Clubhouse (3,750 square feet), and to include interior and exterior gathering spaces o Outdoor: pool o Additional outdoor amenities such as benches, a pergola, outdoor grilling with seating areas, and/or pavers that accommodate and facilitate gatherings o Indoor and outdoor (subject to weather) amenities open prior to issuance of sixtieth certificate of occupancy Building Design • Building elevations (Exhibit B) • Variety of building materials including, brick, brick veneer, cast stone, stone, stone veneer, composition, hardiplank, engineered wood, high-grade vinyl, and horizontal lap siding Page 294 of 408 6 20SN0559-2020AUG26-BOS-RPT • Screening of ground-mounted mechanical units; HVAC units located on the roof shall be screened from view from the adjacent public right of way. HVAC units located on the ground shall be screened from view by landscaping or low maintenance material. As suggested by the Comprehensive Plan goals and the Zoning Ordinance, the proffered conditions of this request include design and architectural elements that will complement the overall development. BUDGET & MANAGEMENT Staff Contact: Natalie Spillman (804-318-8767) spillmann@chesterfield.gov County finance staff is responsible for managing the finances of the County and making recommendations to the County Administrator regarding the allocation of available resources for the provision of services and capital facilities to serve the citizens of the County. Finance staff will advise the County Administrator if changed economic circumstances require adjustments to the County’s budget or capital improvement program. COUNTY TRANSPORTATION Staff Contact: Steve Adams (804-751-4461) Adamst@chesterfield.gov The property could be developed for 160 multi-family units (Textual Statement 1.b.). Based on those numbers of units and applying trip generation rates for a multi-family (mid-rise) unit, development could generate approximately 870 average daily trips. Traffic generated by development of the property will be initially distributed via Wylderose Drive to North Otterdale Road and Midlothian Turnpike (Route 60). North Otterdale Road is identified on the County’s Thoroughfare Plan as a collector with a recommended right of way width of 70 feet. North Otterdale Road is a two-lane road that has been widened/improved by adjacent developments. In 2018, the Virginia Department of Transportation (VDOT) traffic count on the road was 4,100 vehicles per day. Route 60 is identified on the County’s Thoroughfare Plan as a major arterial with a recommended right of way width of 120 to 200 feet. Route 60 is a four-lane divided road. In 2018, the VDOT traffic count on Route 60 between Route 288 and North Otterdale Road was 37,636 vehicles per day (Level of Service ‘D’). Section 19.1-231 of the County Code outlines the general requirements to meet the needs of the traffic generated by a proposed development, including acceptable levels of service. This proposed residential development would contribute to an identifiable need for transportation improvements. The applicant has not offered to provide any mitigating road improvements. The property is within Traffic Shed 2, which encompasses the northwest area of the County, west of Huguenot Road and north of Midlothian Turnpike. Several roads in this part of the county have little or no shoulders, fixed objects (trees) adjacent to the edge of the pavement and poor vertical and horizontal alignments. The traffic volume generated from this proposed mixed-use development Page 295 of 408 7 20SN0559-2020AUG26-BOS-RPT will contribute to an identifiable need for transportation facility improvements to these roads in excess of existing transportation facility capacity. Roads in this shed or which serve this shed need to be improved or widened to address safety and accommodate increased traffic, including the increased traffic from the proposed development. An applicant may choose to address the development’s impact on the county’s road transportation network through dedication of property, construction of road improvements, or a cash proffer. If an applicant elects to offer cash to address the impact on the county’s road transportation network, Transportation staff has calculated the average impact of a single-family dwelling unit on the transportation network to be $12,652; however, the Board of Supervisors has adopted a policy establishing that it would accept a maximum cash proffer of $9,400 per dwelling unit as addressing the traffic impacts of residential development, with all of the funds to be dedicated towards improvements to the road network. The Policy allows the county to consider mitigating circumstances about a proposed development. In this case, the residential development will be limited to multi-family (apartment/condominium) dwelling units which generate approximately 60% of the traffic of single-family dwelling unit. The traffic impact of the multi-family unit could be addressed with $5,640 ($9,400 x 60%) per unit. The traffic impact of the development could be valued at $902,400 (160 units x $5,640). The applicant has proffered to pay $5,640 per dwelling unit (Proffered Condition 5). Staff supports the request. VIRGINIA DEPARTMENT OF TRANSPORTATION Staff Contact: Willie Gordon (804-674-2907) willie.gordon@vdot.virginia.gov The applicant is proposing 160 multi-family apartment units along Wylderose Avenue. Wylderose Avenue is not currently a state-maintained roadway. VDOT recommends that the proposed development comply with the 2011 SSAR regulations for public maintained roadways. The proposed case will be subject to meet the policy for VDOT Access Management if Wylderose Avenue is to be brought into the state maintenance in the future. During the site plan review process VDOT will require a turn lane analysis and trip generations for the proposed entrances. More comments may be generated during the site plan review process. FIRE AND EMERGENCY MEDICAL SERVICES Staff Contact: Anthony Batten (804-717-6167) battena@chesterfield.gov Mission The mission of Fire and Emergency Medical Services (EMS) is to protect life, property and the environment through a comprehensive fire and life safety program that ensures an adequate and timely response to emergencies. Page 296 of 408 8 20SN0559-2020AUG26-BOS-RPT Response Times The proposed development is located in the urban response zone for which Fire & EMS has a goal of responding to at least 90% of the calls for service in under seven (7) minutes. Fire and EMS is currently unable to meet that goal. Nearby Fire/EMS Facilities • The Midlothian Fire Station, Company Number 5 • The Forest View Volunteer Rescue Squad Anticipated Fire & EMS Impacts/Needs Based on an average of .199 calls per dwelling, it is estimated that this development will generate 32 annual calls for Fire/EMS services. Additional Fire and EMS Comments When the property is developed, the number of hydrants, quantity of water needed for fire protection, and access requirements will be evaluated during the plans review process. SCHOOLS Staff Contact: Atonja Allen (804-318-8740) atonja_allen@ccpsnet.net Mission High performing, high quality public schools contribute to the quality of life and economic vitality of the County. The comprehensive plan suggests a greater focus should be placed on linking schools with communities by providing greater access, flexible designs and locations that better meet the needs of the communities in which they are located. Capital Improvements The School Board FY2020 adopted Capital Improvement Plan (CIP) continues to support the 2013 voter approved school revitalization program that will replace or renovate ten schools and construct one new elementary school to add capacity in the Midlothian area of the county. The ten existing facilities that are part of the revitalization program are Beulah Elementary School, Crestwood Elementary School, Enon Elementary School, Ettrick Elementary School, Harrowgate Elementary School, Matoaca Elementary School, Reams Elementary School, Manchester Middle School, Providence Middle School, and Monacan High School. A replacement Manchester Middle School is under construction on the existing school site, a replacement Harrowgate Elementary School is under construction on a new site, and a replacement Matoaca Elementary School is under construction on the site of the former Matoaca Middle School west campus building. The Beulah Elementary School, Enon Elementary School, Old Hundred Elementary School (the new elementary school in the Midlothian district), Providence Middle School, and Monacan High Page 297 of 408 9 20SN0559-2020AUG26-BOS-RPT School projects are complete. The Matoaca Middle School wing addition at the east campus site, an additional school construction project, is complete and the school now operates as a single, unified campus. Information on the CIP and School Board approved construction projects can be found in the financial section of the CCPS Adopted Budget for FY2020. Anticipated School Impacts Elementary (PK – 5) Middle (6 – 8) High (9 – 12) Total (1) Anticipated Student Yield by School Type 11 5 13 29 Schools Currently Serving Area Watkins Midlothian Midlothian 2019-20 School Year Current Enrollment 831 1,364 1,834 Design Capacity (2) 1,022 1,400 1,970 Enrollment Percent of Design Capacity 81% 97% 93% Program Capacity (3) 843 1,416 1,918 Enrollment Percent of Program Capacity 99% 96% 96% Total Number of Trailers 8 1 0 Number of Classroom Trailers 0 0 0 Note: (1) Based upon the average number of students per multi-family dwelling unit for each of the school attendance zones where the proposal is located. Student Generation Factor (2017) is the actual total number of students by grade level divided by the actual total number of housing units by housing type. Updated 2019 SGFs reflecting redistricting and a new school attendance zone will be provided by County IST. (2) Design capacity is the maximum number of students the building can accommodate based on the Virginia Department of Education Standards of Quality and the architectural program design of the existing building including all interior and exterior renovations to date and an inventory of all available space. Design capacity does not include site-based initiatives and is thus not subject to frequent change and represents prototypical design capacity using VDOE standards. (3) Program capacity is the maximum number of students the building can accommodate based on the Virginia Department of Education Standards of Quality and the current school programming that may adjust the number of rooms used for core or grade-level classrooms in the overall building design capacity. Public Facilities Plan Post 2020, the Public Facilities Plan recommends a new high school in the vicinity of Genito and Otterdale Roads northwest of Swift Creek Reservoir. However, at this time, a budget has not been developed for the acquisition of land or construction of this school facility as recommended in the Plan. Additional School Comments Page 298 of 408 10 20SN0559-2020AUG26-BOS-RPT Over time, this case combined with other tentative residential developments, infill developments, and approved residential zoning cases in the area may cause these schools to reach or exceed their capacity. LIBRARIES Staff Contact: Jennifer Stevens (804-751-4998) stevensj@chesterfield.gov County Library Needs The public library system’s role in the county has expanded beyond its traditional function as a resource for information and materials, and now serves as a community gathering place for educational, cultural and informational services; community support during emergencies; economic development; and revitalization activities. The Public Facilities Plan, as part of the comprehensive plan, indicates the following library needs countywide: Expand/Replace: 5 Libraries New Facilities: 5 Libraries 1 Community Arts Center Nearby Library While all county libraries could be potentially impacted by the proposed development, the following libraries are nearby: • Midlothian Library Additional Library Comments The Public Facilities Plan suggests the Midlothian library should be replaced with a new facility on the current site. Land for expansion or replacement of this facility has not been acquired. PARKS AND RECREATION Staff Contact: Janit Llewellyn (804-751-4482) Llewellynja@chesterfield.gov Mission The County supports a high-quality park system to provide residents and visitors with balanced access to active and passive recreation opportunities. The 2018 level of service is 7.5 acres of regional, community and neighborhood parkland per 1,000 persons whereas the target level of service is 9 acres per 1,000 persons. Nearby Parks & Facilities Midlothian Mines Park Page 299 of 408 11 20SN0559-2020AUG26-BOS-RPT Public Facilities Plan The Public Facilities Plan identifies the need for a regional park or two community parks in Western Midlothian. The Bikeways and Trails Chapter of the Comprehensive Plan recommends provision of pedestrian/bicycle facilities along all routes shown on the Plan and connections from these routes and existing pedestrian/bicycle facilities to adjacent developments. The Plan shows a route on or along N. Otterdale Road and Otterdale Woods Road. Recommendation By using existing internal road system, this property has an opportunity to connect in the future to the County Bikeways and Trails proposed along N. Otterdale Road and Otterdale Woods Road. Additional Parks Comments Parks and Recreation accepts the sidewalk option internal to the site in lieu of the shared use path. UTILITIES Staff Contact: Randy Phelps (804-796-7126) phelpsc@chesterfield.gov Existing Water and Wastewater Systems Utility Type Currently Serviced Size of Closest Existing Lines Connection Required by County Code Water No 12”, 8” Yes Wastewater No 8” Yes Additional Utility Comments: The subject property is located within the mandatory water and wastewater connection areas for new residential structures. The applicant has proffered connection to the public water and wastewater systems. A 12” water line is located along Wylderose Avenue, and an 8” water line is located at Lancaster Gate Drive. Development of the subject property for multi-family use will require interconnection of those water lines. An 8” wastewater line is located off Creekwillow Drive with recorded easements allowing for extension to the subject property. The applicant has been advised that the extension of this wastewater line through the subject property must be designed to allow for future extensions to serve adjacent property and an area immediately to the south side of Midlothian Turnpike. Page 300 of 408 12 20SN0559-2020AUG26-BOS-RPT The Utilities Department supports this case. Page 301 of 408 13 20SN0559-2020AUG26-BOS-RPT ENVIRONMENTAL ENGINEERING Staff Contact: Rebeccah Rochet (804-748-1028) RochetR@chesterfield.gov Geography The majority of the subject properties drains into a stream located on the eastern portion of the properties. The stream drains through the Brookcreek Crossing subdivision and into Michaux Creek, which is a tributary of James River. The northwestern corner of the subject properties currently drains to an existing ditch along the rear of several lots within the Brookcreek Crossing subdivision, which discharges to the stream located on the eastern portion of the properties. Both properties are located within the James River Watershed. Environmental Features A Resource Protection Area (RPA) Designation must be confirmed by the Department of Environmental Engineering – Water Quality Section prior to the submittal of any site plans. In addition, wetlands shall not be impacted without prior approval from the U.S. Army Corps of Engineers and/or the Virginia Department of Environmental Quality. Per site inspections by Department staff, a minimum 20-foot head cut exists at the origin of perennial flow in the stream located on the southeastern portion of the property. The stream is not adequate to receive any drainage from the proposed development. In addition, it represents a safety hazard to future residents of the proposed project. As a result, a stabilization plan shall be submitted to the Department of Environmental Engineering for approval for any areas in the natural stream that are actively eroding and are deemed as a safety hazard by the Department of Environmental Engineering. The stabilization of such slopes shall be completed prior to the issuance of the first certificate of occupancy. In addition, the stormwater runoff from the proposed development shall be captured in a stormwater conveyance system and discharged to a stable section of the natural channel. The applicant has offered Proffered Condition 6 to address this impact. Drainage The subject properties currently drain to an unnamed tributary which drains through the Brookcreek Crossing subdivision. Any increase in the 100-year discharge rate from the development of the subject properties may result in increased flooding on several lots within the existing neighborhood. As a result, the maximum post-development discharge rate for the 100- year storm shall be based on the maximum capacity of the existing facilities downstream, and shall not increase the recorded 100-year backwater and/or floodplain. On-site detention of the post-development discharge rate for the 100-year storm to below the pre-development discharge rate may be provided to satisfy this requirement. The applicant has offered Proffered Condition 7 to address this impact. Page 302 of 408 14 20SN0559-2020AUG26-BOS-RPT Stormwater Management The development of the subject property will be subject to the Part IIB technical criteria of the Virginia Stormwater Management Program Regulations for water quality and water quantity. CASE HISTORY Applicant Submittals 12/4/19 Application submitted 11/06/19 Proffered Conditions, Textual Statement and Exhibits submitted 12/04/19 Proffered Conditions and Textual Statement submitted 04/21/20 Proffered Conditions, Textual Statement and Exhibits submitted 05/29/20 Proffered Conditions submitted 06/30/20 Proffered Conditions submitted Community Meeting 06/05/20 Adjacent owner letter mailed to adjoining property owners by the applicants. A traditional community meeting was not conducted for this zoning request. In lieu of a community meeting, citizens or interested persons were asked to submit feedback or comments via e-mail to the District Commissioner, the Applicant’s contact, and the Planning Department Case Manager. Planning Commission 07/21/2020 Citizen Comments: No citizen spoke to this request. Recommendation – APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS IN ATTACHMENT 1. Motion: Petroski Second: Sloan AYES: Freye, Sloan, Hylton, Owens, Petroski The Board of Supervisors on Wednesday, August 26, 2020, beginning at 6:00 p.m., will consider this request. Page 303 of 408 15 20SN0559-2020AUG26-BOS-RPT ATTACHMENT 1 PROFFERED CONDITIONS June 30, 2020 Note: The Planning Commission and Staff recommend acceptance of the following proffered conditions as offered by the applicant. The property owner and applicant in this rezoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950, as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the property under consideration (the “Property”) will be developed according to the following proffers if, and only if, the rezoning request submitted herewith is granted with only those conditions agreed to by the owner and applicant. In the event this request is denied or approved with conditions not agreed to by the owner and applicant, the proffers shall immediately be null and void and of no further force or effect. These Proffered Conditions include two (2) Exhibits attached hereto: Exhibit A: Conceptual Plan – Wylderose Apartments, Midlothian District, Chesterfield County, Virginia, dated January 17, 2020, prepared by Townes Site Engineering (“Conceptual Plan”). Exhibit B: Perspective Renderings, titled “Wylderose Apartment Homes”, dated April 8, 2020, (“Elevations”). 1. Master Plan. The Textual Statement dated April 8, 2020 shall be considered the Master Plan. 2. Conceptual Plan. The site shall be developed in general conformance with the layout depicted on the Conceptual Plan dated January 17, 2020. The layout on the Conceptual Plan is conceptual in nature and may vary based on the final site plan depending on the final soil studies, RPA lines, parking lot design, building footprints, other engineering reasons or as otherwise approved by the Planning Commission at the time of plans review. 3. Recreation Area/Focal Point. A recreation area shall be provided to include a clubhouse a minimum of 3,750 gross square feet and a pool. A certificate of occupancy shall be obtained for the clubhouse prior to the issuance of a certificate of occupancy for the 60th dwelling unit on the Property. The pool shall be constructed simultaneously with the clubhouse, weather permitting. Part of the area around the clubhouse shall be “hardscaped” (concrete, asphalt or pavers) and have a combination of other amenities such as benches, a pergola, outdoor grilling with seating areas, and/or pavers that accommodate and facilitate gatherings. There shall be no outside events or parties at the clubhouse after 8 p.m. 4. Utilities. The public water and wastewater systems shall be used. Page 304 of 408 16 20SN0559-2020AUG26-BOS-RPT 5. Road Cash Proffer. The applicant, sub-divider, or assignee(s) shall pay $5,640 for each dwelling unit to the County of Chesterfield for road improvements within the service district for the property. Each payment shall be made prior to the issuance of a building permit for a dwelling unit unless state law modifies the timing of the payment. 6. Slope Stabilization. For the areas in the natural stream that are actively eroding and are deemed as a safety hazard by the Department of Environmental Engineering based on engineering standards, a stabilization plan shall be submitted to the Department of Environmental Engineering for approval. The stabilization of such slopes within the RPA shall be completed prior to the issuance of the first certificate of occupancy. In addition, the stormwater runoff from the proposed development will be captured in a stormwater conveyance system and discharged to a stable section of the natural channel. 7. Stormwater. The maximum post-development discharge rate for the 100-year storm shall be based on the maximum capacity of the existing facilities downstream, and shall not increase the recorded and /or established 100-year backwater and /or floodplain. On- Site detention of the post-development 100-year discharge rate to below the pre- development 100-year discharge rate may be provided to satisfy this requirement. 8. Hours of Construction. Exterior construction, including operation of bulldozers and other earthmoving equipment, shall end no later than 8:00 p.m. Monday through Saturday, and there shall be no exterior construction on Sundays; provided, however, except in emergencies or where unusual circumstances require extending the specific hours in order to complete work such as asphalt pours, concrete pours or utility connectors. Page 305 of 408 17 20SN0559-2020AUG26-BOS-RPT EXHIBIT A Page 306 of 408 18 20SN0559-2020AUG26-BOS-RPT EXHIBIT B Page 307 of 408 19 20SN0559-2020AUG26-BOS-RPT Page 308 of 408 20 20SN0559-2020AUG26-BOS-RPT ATTACHMENT 2 TEXTUAL STATEMENT April 8, 2020 S. L. NUSBAUM REALTY CO. TEXTUAL STATEMENT This is a request to rezone approximately 11 acres of property to R-MF with a Conditional Use Planned Development (CUPD) to permit ordinance requirement exceptions with respect to the R-MF uses, as described in this Textual Statement. I. The project, consisting of a new residential community, shall be constructed subject to the Project Standards (Section 19.1-121.A.), the Other Required Project Standards (Section 19.1-121.B.) and the Building Standards (Sections 19.1-121.C) in the Zoning Ordinance for the Residential-Multi-Family District, except as follows: 1. Project Standards a. The minimum project size shall be 10 acres. b. The maximum density shall be 160 dwelling units. c. The minimum width of access drives adjacent to a building shall be 26 feet. The other access drives shall have a minimum width of 24 feet as shown on the Conceptual Plan (as defined in the accompanying proffered conditions). d. The maximum parcel coverage for this project shall be 50%. 2. Architectural/Design Requirements a. Elevations. Construction of the buildings on the Property shall be in general conformance with the architectural appearance shown on the Elevations included with and defined in the accompanying proffered conditions. Any substantial modifications to the Elevations shall be approved by the Planning Commission in conjunction with plans review. b. Roofs. Roof materials shall be 30 year architectural/dimensional asphalt composition shingle. c. Materials. Acceptable building materials for the front, side and rear elevations of the buildings shall be brick, brick veneer, cast stone, stone, stone veneer, composition, hardiplank, engineered wood (e.g. LP Smartside), high-grade vinyl (a minimum of .042” nominal thickness as evidenced by manufacturer’s printed literature), and horizontal lap siding. Horizontal lap siding shall be manufactured from natural wood or cement Page 309 of 408 21 20SN0559-2020AUG26-BOS-RPT fiber board. Plywood and metal siding are not permitted. Painted wood trim is not permitted. d. Exterior Walls. The exterior wall of any building parallel and adjacent to the off ramp of Route 60 shall be standard construction, with the addition of an RC sound attenuation channel creating a 1/2” dead air space. Windows installed in these walls will have a minimum sound transmission coefficient rating of 32. A cross-sectional detail, reviewed and approved by a certified architect or engineer as to the methodology accomplishing the sound coefficient rating, shall be included in the building permit application. e. Sidewalks. Continuous and connected sidewalks shall be provided along the parking lot where the parking lot is adjacent to a building. A pedestrian path shall be provided commencing at the existing sidewalk along Creekwillow Drive at the Property’s northeast boundary, along the Property’s frontage on Wylderose Avenue within the building setback area and ending at the Property’s eastern boundary line, with the exact location to be determined at the time of plans review. f. Supplemental Landscaping. Supplemental landscaping shall be provided around the perimeter of all buildings, between buildings and entrances, within medians, and within common areas not occupied by recreational facilities or other structures. Such landscaping shall be designed to: minimize the predominance of building mass and paved areas; define private spaces; and enhance the residential character of the development. The Planning Department, at the time of plans review, shall approve the landscaping plan with respect to the exact numbers, spacing, arrangement and species of plantings. Foundation planting beds shall be incorporated within such landscape plan along the façades of buildings which face public streets and internal drive aisles and shall (i) have a width of at least four feet from the building foundation, (ii) be defined with a trenched edge or suitable landscape edging material, and (iii) include medium shrubs spaced a maximum of four (4) feet apart or an alternate plant variety approved at the time of plans review. g. Heating, Ventilation and Air Conditioning (HVAC) Units. HVAC units located on the roof shall be screened from view from the adjacent public right of way. HVAC units located on the ground shall be screened from view by landscaping or low maintenance material. h. Street Trees: Street trees shall be provided along the project’s frontage on Wylderose Avenue. These street trees shall be large deciduous trees spaced a maximum of 50 feet on center; however, if large deciduous trees will conflict with overhead utility lines, small deciduous trees spaced a maximum of 50 feet on center shall be installed. In the event of conflicts with other utilities, sightlines, driveway areas and pedestrian paths, the required spacing shall be increased and a small deciduous tree may be Page 310 of 408 22 20SN0559-2020AUG26-BOS-RPT used. Trees shall be installed within the individual building setback. Tree species shall be suitable for growing in the county’s vegetative zone and be drought tolerant. Existing vegetation that is preserved shall be credited toward the street tree requirement. i. Native Species. Landscaping planted by the owner will consist of native plants where practical and all plants shall be non-invasive species. 3. Building Standards a. Buildings constructed along a public road shall not be required to front on the road. b. In the event the RPA line shown on the Conceptual Plan is located closer to Wylderose Avenue upon final determination of the RPA line, then the thirty -five foot (35’) individual building setback from Wylderose Avenue shall be reduced by an amount equal to the distance the determined RPA line is located closer to Wyldrose Avenue then the line shown on the Conceptual Plan. The ultimate building setback from Wylderose Avenue shall be established prior to plans review and provided on the site plan in accordance with Section 3.b. c. The maximum number of dwelling units per floor shall be 12 units per Floor. d. The maximum principle building height shall be 4 stories. e. Balconies and columns supporting balconies may extend up to 6 feet into required setbacks. Page 311 of 408 20SN0559 Midlothian S. L. Nusbaum Realty Co., Salisbury Corp., and Ralph J. Costen, Jr. Rezoning from Light Industrial (I-1) to Multi-Family Residential District (R-MF) with Conditional Use Planned Development (CUPD) to permit multi-family uses plus exceptions to ordinance requirements This is case 20SN0559, in the Midlothian district.  The request is to rezone  property from Light Industrial (I‐1) to Multi‐Family Residential District (R‐MF)  with Conditional Use Planned Development (CUPD) to permit multi‐family  uses plus exceptions to ordinance requirements. A multi‐family residential  development, known as Wylderose Apartments, with a maximum of 160  dwelling units is proposed.  1 Page 312 of 408 The subject property is located along Wylderose Ave, north of Midlothian  Turnpike, and east of Route 288, and is currently zoned I‐1.   2 Page 313 of 408 The property is currently undeveloped, and properties on to the north of the  site are developed as multi‐family residential uses, both apartments and  townhouses.  Properties to the east are occupied by office and commercial  uses, Midlothian Turnpike is to the south, and Route 288 and then  Westchester Commons to the west.  3 Page 314 of 408 As stated, a multi‐family residential development, known as Wylderose Apartments, with a maximum of 160 dwelling units is proposed.  The  development concept for the proposed apartments consists of a clubhouse  with pool, four (4) buildings, with 32 units in two of the buildings, and 48 units  in the other two buildings.   Two points of access to the property are planned,  both from Wylderose Avenue.   Per Chesterfield County Board of Supervisors policy, the traffic impact per  multi‐family unit is assessed at $5,640. The traffic impact of the development  based on this calculation would be valued at $902,400 (160 units x $5,640).   The applicant has proffered to pay $5,640 per dwelling unit to address the  traffic impact of the development. Ordinance exceptions requested include minimum project size, maximum  density, parcel coverage, number of units per floor, and building height. 4 Page 315 of 408 These are proffered Building Elevations.  The buildings are 4 story, and contain  a variety of building materials, including brick, brick veneer, cast stone, stone,  stone veneer, composition, hardiplank, engineered wood, high‐grade vinyl,  and horizontal lap siding.  HVAC screening is also proffered and surface  parking is provided for residents and guests. 5 Page 316 of 408 6 Recommendation Proposed multifamily residential uses comply with Plan, providing opportunity for integration of higher density residential uses with existing commercial and office uses as part of the larger community Quality design and architecture offered by the applicant provide for a convenient, attractive and harmonious community that will complement the surrounding development The development’s traffic impact will be addressed by providing cash payments Both the Commission, with a unanimous vote, and Staff recommend approval  with proffered conditions, which help ensure quality design and  architecture offered by the applicant provide for a convenient, attractive  and harmonious community that will complement the surrounding  development. Page 317 of 408 7 Page 318 of 408 ZONING OPINION NUMBER: 19ZO0521 REZONING CASE NUMBER: 20SN0559 DISCLOSURE AFFIDAVIT LAND USE APPLICATION I, Ralph L. Costen, Jr., do hereby swear or affirm that to the best of my knowledge and belief, the following information is true: 1. I am the Applicant for the land use amendment on the property identified as Parcel ID Number(s): 719-711-6712 and am requesting Rezoning, Conditional Use Planned Development 2. With the exception of governmental entities and public service companies owning recorded easements over the Subject Property which is the subject of the land use amendment application referred to in Paragraph 1, the following is a list of the names and addresses of all persons owning any legal or equitable interest in the Subject Property as a title owner, lessee, easement owner, contract purchaser, assignee, optionee, licensee or noteholder, including trustees, beneficiaries of trusts, general partners, limited partners and all other natural or artificial persons: NAME ADDRESS TYPE OF OWNERSHIP COSTEN RALPH L JR 9840 Mayland Drive, Richmond, VA, 23233 Title Owner S. L. Nusbaum Realty Co.440 Monticello Avenue, Suite 1700, Norfolk, VA, 23510 Contract Purchaser Twin Creek Development Co.,unknown Easement Owner 3. I hereby certify that the following corporations disclosed in Paragraph 2 are regularly traded on a stock exchange or in the over the counter market or have more than 100 shareholders: 4. I hereby certify that after the exercise of due diligence, I have been unable to learn the identities of the owners of the following corporations, partnerships, joint ventures, trusts or other artificial persons disclosed in Paragraph 2: Twin Creek Development Co., 5. The following is a list of the names and addresses of all natural or artificial persons owning an interest in any corporation, partnership, joint venture, trust or other artificial person disclosed in Paragraph 2 (other than those listed in Paragraph 3 or Paragraph 4) which has a total of ten or fewer shareholders, partners, beneficiaries or owners: NAME ADDRESS NAME OF ARTIFICIAL PERSON 6. The following is a list of the names and addresses of all natural or artificial person owning 10% or more of any class of stock issued by a corporation or an interest of 10% or more in any partnership, joint venture, trust or other artificial person disclosed in Paragraph 2 (other than those listed in Paragraph 3 or 4): NAME ADDRESS NAME OF CORPORATION Tom Johnson 440 Monticello Avenue, Suite 1700, Norfolk, VA, 23510 S. L. Nusbaum Realty Co. Page 1 of 3 Page 319 of 408 7. If any of the persons disclosed in Paragraphs 5 or 6 above is a corporation, partnership, joint venture, trust or other artificial person, the following is a list of all members of the Board of Supervisors of Chesterfield County, the Chesterfield County Planning Commission or their immediate households owning any interest in the Subject Property as a title owner, easement owner, contract purchaser, lessee, assignee, optionee or licensee, either individually or by ownership of an interest in a corporation, trust, partnership, joint venture or other artificial person owning any such interest: CORPORATION/NAME OF HOUSEHOLD NAME OF SUPERVISOR DESCRIPTION OF ARTIFICIAL PERSON MEMBER OR COMMISSIONER OWNERSHIP INTEREST 8. If any of the persons disclosed in Paragraphs 5 or 6 above is a corporation, partnership, joint venture, trust or other artificial person, I hereby certify that no member of the Board of Supervisors of Chesterfield County, the Chesterfield County Planning Commission or their immediate households, other than those Supervisors, Commissioners or household members named in Paragraph 7 above, owns any interest in the Subject Property as a title owner, easement owner, contract purchaser, lessee, assignee, optionee or licensee, either individually or by ownership of an interest in a corporation, trust, partnership, joint venture or other artificial person owning any such interest. 9. Prior to every public hearing in connection with the land use amendment application referred to in Paragraph 1 above, I will file a revised Zoning Disclosure Affidavit if there has been any change in the information set forth above. Page 2 of 3 Page 320 of 408 WITNESS the following signature Signature: ____________________________________ Ralph L. Costen, Jr. STATE OF ____________________________ COUNTY/CITY OF ____________________________________ to-wit: This day_______________________________________personally appeared before me, _____________________________________________, a Notary Public in and for the County and State aforesaid, and swore or affirmed that the matters stated in the foregoing Zoning Opinion Disclosure Affidavit are true to the best of his/her knowledge and belief. Given under my hand this ___________________________ day of _______________________________,20_____. __________________________________________ Notary Public Registration No. ___________________________________ My Commision expires: _____________________________________________ Page 3 of 3 Page 321 of 408 ZONING OPINION NUMBER: 19ZO0521 REZONING CASE NUMBER: 20SN0559 DISCLOSURE AFFIDAVIT LAND USE APPLICATION I, Leroy Vaughan, do hereby swear or affirm that to the best of my knowledge and belief, the following information is true: 1. I am the Agent for the land use amendment on the property identified as Parcel ID Number(s): 720-710-0681 and am requesting Rezoning, Conditional Use Planned Development 2. With the exception of governmental entities and public service companies owning recorded easements over the Subject Property which is the subject of the land use amendment application referred to in Paragraph 1, the following is a list of the names and addresses of all persons owning any legal or equitable interest in the Subject Property as a title owner, lessee, easement owner, contract purchaser, assignee, optionee, licensee or noteholder, including trustees, beneficiaries of trusts, general partners, limited partners and all other natural or artificial persons: NAME ADDRESS TYPE OF OWNERSHIP SALISBURY CORPORATION 14005 Steeplestone Drive, Midlothian, VA, 23113 Title Owner S. L. Nusbaum Realty Co.440 Monticello Avenue, Suite 1700, Norfolk, VA, 23510 Contract Purchaser American Trust Company unknown Easement Owner UDR Virginia Properties LLC unknown Easement Owner 3. I hereby certify that the following corporations disclosed in Paragraph 2 are regularly traded on a stock exchange or in the over the counter market or have more than 100 shareholders: 4. I hereby certify that after the exercise of due diligence, I have been unable to learn the identities of the owners of the following corporations, partnerships, joint ventures, trusts or other artificial persons disclosed in Paragraph 2: American Trust Company 5. The following is a list of the names and addresses of all natural or artificial persons owning an interest in any corporation, partnership, joint venture, trust or other artificial person disclosed in Paragraph 2 (other than those listed in Paragraph 3 or Paragraph 4) which has a total of ten or fewer shareholders, partners, beneficiaries or owners: NAME ADDRESS NAME OF ARTIFICIAL PERSON 6. The following is a list of the names and addresses of all natural or artificial person owning 10% or more of any class of stock issued by a corporation or an interest of 10% or more in any partnership, joint venture, trust or other artificial person disclosed in Paragraph 2 (other than those listed in Paragraph 3 or 4): NAME ADDRESS NAME OF CORPORATION Page 1 of 3 Page 322 of 408 James K. Timmons Family Trust 5004 Monument Avenue Richmond, VA 23230 SALISBURY CORPORATION Joanne S. Goode Trust 200 S. 10th Street, Suite 1010, Richmond, VA 23219 SALISBURY CORPORATION C. Porter Vaughan, II #5 Welwyn Place, Richmond, VA 23239 SALISBURY CORPORATION Leroy B. Vaughan 227 Randolph Square Lane Richmond, VA 23238 SALISBURY CORPORATION Tom Johnson 440 Monticello Avenue, Suite 1700, Norfolk, VA, 23510 S. L. Nusbaum Realty Co. 7. If any of the persons disclosed in Paragraphs 5 or 6 above is a corporation, partnership, joint venture, trust or other artificial person, the following is a list of all members of the Board of Supervisors of Chesterfield County, the Chesterfield County Planning Commission or their immediate households owning any interest in the Subject Property as a title owner, easement owner, contract purchaser, lessee, assignee, optionee or licensee, either individually or by ownership of an interest in a corporation, trust, partnership, joint venture or other artificial person owning any such interest: CORPORATION/NAME OF HOUSEHOLD NAME OF SUPERVISOR DESCRIPTION OF ARTIFICIAL PERSON MEMBER OR COMMISSIONER OWNERSHIP INTEREST 8. If any of the persons disclosed in Paragraphs 5 or 6 above is a corporation, partnership, joint venture, trust or other artificial person, I hereby certify that no member of the Board of Supervisors of Chesterfield County, the Chesterfield County Planning Commission or their immediate households, other than those Supervisors, Commissioners or household members named in Paragraph 7 above, owns any interest in the Subject Property as a title owner, easement owner, contract purchaser, lessee, assignee, optionee or licensee, either individually or by ownership of an interest in a corporation, trust, partnership, joint venture or other artificial person owning any such interest. 9. Prior to every public hearing in connection with the land use amendment application referred to in Paragraph 1 above, I will file a revised Zoning Disclosure Affidavit if there has been any change in the information set forth above. Page 2 of 3 Page 323 of 408 WITNESS the following signature Signature: ____________________________________ Leroy Vaughan STATE OF ____________________________ COUNTY/CITY OF ____________________________________ to-wit: This day_______________________________________personally appeared before me, _____________________________________________, a Notary Public in and for the County and State aforesaid, and swore or affirmed that the matters stated in the foregoing Zoning Opinion Disclosure Affidavit are true to the best of his/her knowledge and belief. Given under my hand this ___________________________ day of _______________________________,20_____. __________________________________________ Notary Public Registration No. ___________________________________ My Commision expires: _____________________________________________ Page 3 of 3 Page 324 of 408 Providing a FIRST CHOICE community through excellence in public service CASE NUMBER: 20SN0570 APPLICANT: Emerson Companies CHESTERFIELD COUNTY, VIRGINIA BERMUDA DISTRICT STAFF’S ANALYSIS AND RECOMMENDATION 37.5 Acres – 14500 Ramblewood Drive and 501 Dove Path Lane WALTHALL ACRES Board of Supervisors (BOS) Hearing: AUGUST 26, 2020 BOS Time Remaining: 365 DAYS Applicant’s Agent: KERRY HUTCHERSON (804-748-3600) Applicant’s Contact: GEORGE EMERSON (804-536-5868) Planning Department Case Manager: JOSH GILLESPIE (804-796-7122) REQUEST A Conditional Use Planned Development (CUPD) to permit an Agricultural residential parcel subdivision with exceptions to road frontage, front yard setbacks, lot widths and lot area requirements. Notes: A. Conditions may be imposed or the property owner may proffer conditions. B. Proffered conditions, a Textual Statement and Concept Plan are in Attachments 1-3. SUMMARY A single-family residential parcel subdivision (Walthall Acres) is planned, with access through the Walthall Mill subdivision and Ramblewood Drive. A steep drainage channel divides the properties into eastern and western sections. The subdivision of land in the Agricultural (A) District would create seven (7) parcels from approximately thirty-five (35) acres. The Dove Path Lane and Quail Crossing stub roads provide the only reasonable access to the western section since the Walthall Mill subdivision was extended into the Walthall Ridge subdivision without stubs south of the subject properties. Lots along Ramblewood Drive have mixed setbacks. The applicant requests Conditional Use Planned Development (CUPD) with exceptions that would allow three (3) parcels to have sole access from stub roads, reduce lot widths from ordinance standards for the Agricultural (A) District for those three (3) parcels, allow one (1) parcel less than five (5) acres otherwise required and reduce the front setback for parcels that access Ramblewood Drive. RECOMMENDATION PLANNING COMMISSION (7/21/20) APPROVAL STAFF APPROVAL Page 325 of 408 2 20SN0570-2020AUG26-BOS-RPT • Access stub roads. Stub roads access remote land bordering a steep ravine. Existing development patterns along the southern and western portions of the subject properties preclude an extension of the existing road network. • Reduced lot widths. Lacking other practicable road access, reduced lot widths are requisite to develop parcels at the ends of Dove Path Lane and Quail Crossing. • Lot area reduction for one (1) parcel. The Conceptual Plan layout avoids standing forest and establishes lot configurations appropriate for each of the seven (7) parcels to be created. The area exception is appropriate for the one (1) parcel adjoining R-15 subdivision lots in keeping with the character of that portion of this development. • Setback exception. The exception for parcels fronting Ramblewood Drive is consistent with the established setback pattern on adjoining and neighboring properties to the south that are also zoned Agricultural (A). Dedication of additional right-of-way from Ramblewood Drive and the creation of a landscape easement will provide for the necessary future roadway improvements and preserve an area for existing trees to remain. Page 326 of 408 3 20SN0570-2020AUG26-BOS-RPT Page 327 of 408 4 20SN0570-2020AUG26-BOS-RPT Comprehensive Plan Classification: SUBURBAN RESIDENTIAL II The designation suggests the property is appropriate for residential development at a maximum density of 2.0 to 4.0 dwellings per acre. Surrounding Land Uses and Development Quail Crossing Single family residential – acreage lots Ramblewood Dr Single family residential – Walthall Mill subdivision Single family residential – Walthall Ridge subdivision Dove Path Ln Page 328 of 408 5 20SN0570-2020AUG26-BOS-RPT PLANNING Staff Contact: Josh Gillespie (804-796-7122) gillespiejo@chesterfield.gov Proposal The Walthall Acres development is proposed with a Conditional Use Planned Development (CUPD) to allow subdivision of two (2) parcels with a combined land area of thirty-five (35) +/- acres into seven (7) new parcels (Concept Plan, Attachment 3). A steep ravine running from northwest to southeast divides the property. The new parcels would access the existing Ramblewood Drive, Dove Path Lane and Quail Crossing. General Overview Requirements Details Master Plan The Textual Statement, last revised July 13, 2020, shall be considered the Master Plan. Proffered Condition 3 Density The number of dwelling units shall not exceed seven (7). Proffered Condition 3 Parcel Area One (1) of the seven (7) parcels shall be 3.5 acres. Textual Statement Condition 2.a. Setbacks Front yard setbacks are 75’, an exception to the 150’ standard. A landscape easement of 15’ depth is provided for preservation of mature trees (having 6” diameter at breast height) Textual Statement Condition 2.b. Road Frontage Twenty (20) feet each for parcels fronting on either Dove Path Lane or Quail Crossing. Textual Statement Condition 2.c. Exceptions to Road Frontage Requirement for Stub Streets One (1) parcel may access the stub of Dove Path Lane and two (2) parcels may access the terminus of Quail Crossing. Textual Statement Condition 3 Density The conceptual layout protects substantial acreage from development. Proffered Condition 4 limits density to no more than seven (7) dwelling units, yielding 0.2 dwelling units per acre. Page 329 of 408 6 20SN0570-2020AUG26-BOS-RPT Design The Concept Plan (Attachment 3) shows four (4) parcels that would access Ramblewood Drive, two (2) parcels to access the stub road of Quail Crossing and one (1) parcel to access the stub road of Dove Path Lane. Parcels are configured to encompass steep slopes and parts of the ravine and drainway. Areas with slopes greater than fifteen percent (15%) are to be protected as forested lands and left undisturbed. Public water will be extended and serve all parcels. Individual private septic systems are planned. Exceptions to Standards The applicant requests the following exceptions: 1. Three (3) parcels to access the termini of stub roads Dove Path Lane and Quail Crossing 2. Reduced lot widths of twenty-five feet (25’) for these three parcels 3. Reduced minimum lot area for one (1) parcel, from five (5) acres to three and one-half (3.5) acres 4. Reduced front setback for parcels fronting Ramblewood Drive from one hundred-fifty feet (150’) to seventy-five feet (75’) Page 330 of 408 7 20SN0570-2020AUG26-BOS-RPT The Comprehensive Plan and Evaluation of the Request The designation suggests the property is appropriate for Suburban Residential II, with residential development at a maximum of 2.0 - 4.0 dwellings per acre. The Comprehensive Plan calls for the extension of utilities (public water and wastewater) to support Suburban Residential II uses and density. While the proposed Agricultural Subdivision at 0.2 dwelling units per acre is inconsistent with the Comprehensive Plan, the exceptions allow infill development of property with topographic and environmental limitations. A mixed development pattern is present in the area, consisting of properties zoned Agricultural (A) and Residential (R-15, R-12 and R-25). Given the existing development patterns around the property, staff offers the following comments on the requested exceptions to standards: • Access stub roads. Stub roads access remote land bordering a steep ravine. Existing development patterns along the southern and western portions of the subject properties preclude an extension of the existing road network. • Reduced lot widths. Lacking other practicable road access, reduced lot widths are requisite to develop parcels at the ends of Dove Path Lane and Quail Crossing. • Lot area reduction for one (1) parcel. The Conceptual Plan layout avoids standing forest and establishes lot configurations appropriate for each of the seven (7) parcels to be created. The area exception is appropriate for the one (1) parcel adjoining R-15 subdivision lots in keeping with the character of that portion of this development. • Setback exception. The exception for parcels fronting Ramblewood Drive is consistent with the established setback pattern on adjoining and neighboring properties to the south that are also zoned Agricultural (A). Dedication of additional right-of-way from Ramblewood Drive and the creation of a landscape easement will provide for the necessary future roadway improvements and preserve an area for existing trees to remain. BUDGET & MANAGEMENT Staff Contact: Natalie Spillman (804-318-8767) spillmann@chesterfield.gov County finance staff is responsible for managing the finances of the County and making recommendations to the County Administrator regarding the allocation of available resources for the provision of services and capital facilities to serve the citizens of the County. Finance staff will advise the County Administrator if changed economic circumstances require adjustments to the County’s budget or capital improvement program. COUNTY DEPARTMENT OF TRANSPORTATION Staff Contact: Steve Adams (804-748-1037) adamsSt@chesterfield.gov The Comprehensive Plan, which includes the Thoroughfare Plan, identifies county-wide transportation needs that are expected to mitigate traffic impacts of future growth. In accordance with the Thoroughfare Plan, the applicant has proffered to dedicate forty-five (45) of right-of-way along the development’s frontage to Ramblewood Drive (Proffered Condition Page 331 of 408 8 20SN0570-2020AUG26-BOS-RPT 2). The anticipated traffic impact of the proposal has been evaluated and it is anticipated to be minimal. FIRE AND EMERGENCY SERVICES Staff Contact: Anthony Batten (717-6167) battena@chesterfield.gov Mission The mission of Fire and Emergency Medical Services (EMS) is to protect life, property and the environment through a comprehensive fire and life safety program that ensures an adequate and timely response to emergencies. Response Times The proposed development is located in the urban response zone for which Fire & EMS has a goal of responding to at least 90% of the calls for service in under seven (7) minutes. Fire and EMS is currently unable to meet that goal. Nearby Fire/EMS Facilities • The Enon Station, Company Number 6 • The Rivers Bend Fire Station, Company Number 18 Anticipated Fire & EMS Impacts/Needs Based on an average of .329 calls per dwelling, it is estimated that this development will generate 2 annual calls for Fire/EMS services. Additional Fire and EMS Comments When the property is developed, the number of hydrants, quantity of water needed for fire protection, and access requirements will be evaluated during the plans review process. SCHOOLS Staff Contact: Atonja Allen (804-318-8740) atonja_allen@ccpsnet.net Mission High performing, high quality public schools contribute to the quality of life and economic vitality of the County. The comprehensive plan suggests a greater focus should be placed on linking schools with communities by providing greater access, flexible designs and locations that better meet the needs of the communities in which they are located. Capital Improvements The School Board FY2020 adopted Capital Improvement Plan (CIP) continues to support the 2013 voter approved school revitalization program that will replace or renovate ten schools and construct one new elementary school to add capacity in the Midlothian area of the county. The ten existing facilities that are part of the revitalization program are Beulah Elementary School, Crestwood Elementary School, Enon Elementary School, Ettrick Elementary School, Harrowgate Elementary School, Matoaca Elementary School, Reams Elementary School, Manchester Middle Page 332 of 408 9 20SN0570-2020AUG26-BOS-RPT School, Providence Middle School, and Monacan High School. A replacement Manchester Middle School is under construction on the existing school site, a replacement Harrowgate Elementary School is under construction on a new site, and a replacement Matoaca Elementary School is under construction on the site of the former Matoaca Middle School west campus building. The Beulah Elementary School, Enon Elementary School, Old Hundred Elementary School (the new elementary school in the Midlothian district), Providence Middle School, and Monacan High School projects are complete. The Matoaca Middle School wing addition at the east campus site, an additional school construction project, is complete and the school now operates as a single, unified campus. Information on the CIP and School Board approved construction projects can be found in the financial section of the CCPS Adopted Budget for FY2020. Anticipated School Impacts Elementary (PK – 5) Middle (6 – 8) High (9 – 12) Total (1) Anticipated Student Yield by School Type 2 1 1 4 Schools Currently Serving Area Elizabeth Scott Elizabeth Davis Thomas Dale 2019-20 School Year Current Enrollment 802 1,219 2,457 Design Capacity (2) 1,023 1,358 3,037 Enrollment Percent of Design Capacity 78% 90% 81% Program Capacity (3) 942 1,219 2,948 Enrollment Percent of Program Capacity 85% 100% 83% Total Number of Trailers 7 4 1 Number of Classroom Trailers 1 0 0 Note: (1) Based upon the average number of students per single-family dwelling unit for each of the school attendance zones where the proposal is located. Student Generation Factor (2019) is the actual total number of students by grade level divided by the actual total number of housing units by housing type. Updated 2019 SGFs reflecting redistricting and a new school attendance zone used for this analysis was provided by County IST. (2) Design capacity is the maximum number of students the building can accommodate based on the Virginia Department of Education Standards of Quality and the architectural program design of the existing building including all interior and exterior renovations to date and an inventory of all available space. Design capacity does not include site-based initiatives and is thus not subject to frequent change and represents prototypical design capacity using VDOE standards. (3) Program capacity is the maximum number of students the building can accommodate based on the Virginia Department of Education Standards of Quality and the current school programming that may adjust the number of rooms used for core or grade-level classrooms in the overall building design capacity. Public Facilities Plan Post 2020, the Public Facilities Plan recommends a new middle school in the vicinity of Chester and West Hundred Roads, and a new high school in the vicinity of Chester Road and Route 288, Page 333 of 408 10 20SN0570-2020AUG26-BOS-RPT north of Route 10. However, at this time, a budget has not been developed for the acquisition of land or construction of these school facilities as recommended in the Plan. Additional School Comments Over time, this case combined with other tentative residential developments, infill developments, and approved residential zoning cases in the area may cause these schools to reach or exceed their capacity. ENVIRONMENTAL ENGINEERING Staff Contact: Rebeccah Rochet (804-748-1028) RochetR@chesterfield.gov Geography The subject properties drain into a natural channel which transverses through the center of the properties. This channel drains south through Ruffin Mill Pond and into Ashton Creek. Both properties are located within the Ashton Creek Watershed. Natural Resources A Resource Protection Area (RPA) Designation must be submitted to and confirmed by the Department of Environmental Engineering – Water Quality Section prior to the submittal of any construction plans and/or subdivision plats. A Water Quality Impact Assessment must be submitted to and approved by the Department of Environmental Engineering and/or the Board of Supervisors for any improvements which encroach into the RPA. In addition, wetlands shall not be impacted without prior approval from the U.S. Army Corps of Engineers and/or the Virginia Department of Environmental Quality. Erosion and Sediment Control The subject properties contain areas of extremely steep slopes along the natural channel which transverses the center of the properties and abut the existing stream. The soils in the areas of these steep slopes, as well as the along the stream, have a severe erosion potential. As a result, slopes greater than 15% should not be impacted and should remain in their natural, undisturbed state, as they have a high potential to erode and impact adjacent natural resources and downstream properties. As shown on the proffered Conceptual Plan, the applicant has agreed to place all slopes greater than 15% within a Virginia Stormwater Management Program Forested Area so that these slopes will be preserved in their natural state. Stormwater Management The development of the subject property will be subject to the Part IIB technical criteria of the Virginia Stormwater Management Program Regulations (VSMP) Regulations for water quality and quantity. Page 334 of 408 11 20SN0570-2020AUG26-BOS-RPT HEALTH Staff Contact: Richard Michniak (804-748-1695) richard.michniak@vdh.virginia.gov The Health Department must approve any new or expanded use of and septic tank systems. UTILITIES Staff Contact: Randy Phelps (796-7126) phelpsc@chesterfield.gov Existing Water and Wastewater Systems Utility Type Currently Serviced Size of Closest Existing Lines Connection Required by County Code Water No 8” Yes Wastewater No 8” No Additional Utility Comments: The applicant is proposing a parcel subdivision, with seven lots ranging in size from 3.54 acres to 5.6 acres, as shown on concept plan entitled “Walthall Acres.” The county water system is within 200 feet of each new parcel, with 8” waterlines existing within or adjacent to the Ramblewood Drive, Quail Crossing, and Dove Path Lane, so connection is required by Code. The applicant has proffered to connect to the county water system (Proffered Condition 4). Connection to the county wastewater system is not required by Code for new parcels as the county wastewater system exceeds 200 feet from the new parcels. Public wastewater is not immediately available and would require an extension of approximately 1,100 feet from an existing 8” line located southeast of the property within the Ivystone at Southbend subdivision to serve the parcels proposed along Ramblewood Drive. Acquisition of off-site easements would be necessary. A conceptual cost to design and construct this wastewater line extension is $192,000. The parcels proposed to be accessed off of Quail Crossing and Dove Path Lane would require offsite improvements including a regional wastewater pumping station, sanitary force main, and wastewater trunk line. These improvements are not in the Facilities Plan and estimated to cost several million dollars. The use of septic systems must be approved by the Health Department. Should the proposal be modified to propose creation of lots an exception to the use of county wastewater as described above would be required, however, as currently proposed with parcels these improvements are not required. The Utilities Department supports this case. Page 335 of 408 12 20SN0570-2020AUG26-BOS-RPT Page 336 of 408 13 20SN0570-2020AUG26-BOS-RPT VIRGINIA DEPARTMENT OF TRANSPORTATION Staff Contact: Willie Gordon (804-674-2907) willie.gordon@vdot.virginia.gov PARKS AND RECREATION Staff Contact: Janit Llewellyn (804-751-4482) llewellynja@chesterfield.gov LIBRARIES Staff Contact: Jennifer Stevens (804-751-4998) stevensj@chesterfield.gov This request will not impact these facilities. Page 337 of 408 14 20SN0570-2020AUG26-BOS-RPT CASE HISTORY Applicant Submittals 1/6, 5/1 & 5/13/20 Application submitted 1/6, 02/20, 3/22, 5/13, 6/17, 6/30 & 7/13/20 Proffered conditions, textual statement and concept plan submitted Community Meeting 6/2/20 Adjacent owner letter mailed by certified delivery to adjoining property owners by the applicant. Citizens or interested persons were asked to submit feedback or comments via e-mail to each of the following individuals: The District Commissioner, the Applicant’s contact, and the Planning Department Case Manager. 6/30/20 Following the letter mailings, the application was substantially revised and a community meeting was held using a virtual meeting platform. Updated letters were sent to surrounding property owners and event details were published online at https://www.chesterfield.gov/4736/20SN0570. Topics discussed: • Protection of environmental features and minimized deforestation with loss of wildlife habitat • Effect(s) of reduced setback from Ramblewood Drive relative to vehicular safety, the pattern of development and shifting future road widening to the opposite side of the road • Thresholds for sidewalks and bikeways • Access to public rights-of-way within the existing subdivision Planning Commission 6/16/20 Action – DEFERRED TO JULY 21, 2020 TO ALLOW TIME FOR A COMMUNITY MEETING ON THE COMMISSION’S OWN MOTION WITH THE APPLICANT’S CONSENT. 7/21/20 Citizen Comments: No one spoke to this request Recommendation – APPROVAL Motion: Hylton Second: Owens AYES: Freye, Sloan, Hylton, Owens, Petroski The Board of Supervisors on Wednesday, August 26, 2020, beginning at 6:30 p.m., will consider this request. Page 338 of 408 15 20SN0570-2020AUG26-BOS-RPT ATTACHMENT 1 PROFFERED CONDITIONS July 13, 2020 Note: Both the Planning Commission and staff recommend acceptance of the following proffered conditions, as offered by the applicant. The Applicant in this case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for itself and its successors or assigns, proffer that the property known as Chesterfield County Tax Identification Numbers 812-646-0991 and 812-646-4326 (“the Property”) will be used according to the following proffer(s) if, and only if, the request submitted herewith is granted with only those conditions agreed to by the Applicant. In the event this request is denied or approved with conditions not agreed to by the owners and Applicant, the proffer shall immediately be null and void and of no further force or effect. 1. Master Plan. The Textual Statement, last revised July 13, 2020, shall be considered the Master Plan. (P) 2. Right-of-Way Dedication. The Applicant/Developer/Subdivider shall be responsible for the following right-of-way dedication: In conjunction with recordation of the initial subdivision plat or within sixty (60) days from a written request by the Transportation Department, whichever occurs first, forty- five (45) feet of right of way along the west side of Ramblewood Drive, measured from the centerline of that part of Ramblewood Drive immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 3. Density. The number of dwelling units shall not exceed seven (7). (P) 4. Connection to County Water. The applicant or developer shall connect the Property to County water at time of construction. (U) Page 339 of 408 16 20SN0570-2020AUG26-BOS-RPT ATTACHMENT 2 TEXTUAL STATEMENT July 13, 2020 RE: Application made by Emerson Companies, LLC pertaining to the property known as Chesterfield County Tax Identification Numbers 812-646-0991 and 812-646-4326 (“the Property”) for a Conditional Use Planned Development (CUPD) for exceptions to development standards in County Code and Zoning Ordinance requirements, as provided hereinbelow. 1. Concept Plan. The Property shall be designed as generally depicted on the conceptual layout plan last revised June 17, 2020, entitled, “Walthall Acres Preliminary Subdivision Layout, Bermuda District, Chesterfield County, Virginia” prepared by Highmark Engineering (referred to herein as the “Concept Plan”); provided, however the exact location of the parcels, dwellings, streets, and other improvements may be modified provided that the general intent of the Concept Plan is maintained. 2. Parcel Area, Setback, and Minimum Road Frontage Exceptions. Exceptions to parcel area, setbacks, and road frontage requirements shall be provided such that the following standards shall apply to development of the Property: a. Minimum Parcel Area: The minimum parcel area for one (1) of the seven (7) permitted parcels shall be three and one-half (3.5) acres each, and the minimum parcel area for the other six (6) parcels shall be five (5) acres each, all as generally shown on the Concept Plan. b. Setbacks: i. Front Yard: 75 feet As mitigation for the reduced front yard setback, there shall be provided a landscape easement, measuring fifteen (15) feet in width from the Property boundary toward the interior of the Property, in which trees having a diameter at breast height of at least six (6) inches shall be retained. Clearing of invasive, diseased, or dying species and clearing of brush shall be permitted within the landscape easement. Clearing of trees and other vegetation in the landscape easement shall be permitted to facilitate driveway access points and utilities (including drainfields). c. Minimum Road Frontage: Twenty (20) feet for parcels fronting on either Dove Path Lane or Quail Crossing. 3. Exception Regarding Road Frontage Requirement for Stub Streets. There shall be an exception to the road frontage requirement provided in Ordinance Section 19.1-133 to allow one parcel containing a dwelling to be accessed from the terminus of Dove Path Lane and to allow two parcels, each containing a dwelling, Page 340 of 408 17 20SN0570-2020AUG26-BOS-RPT to be accessed from the terminus of Quail Crossing, all as generally shown on the Concept Plan. Page 341 of 408 18 20SN0570-2020AUG26-BOS-RPT ATTACHMENT 3 CONCEPT PLAN June 17, 2020 Page 342 of 408 20SN0570 Bermuda Emerson Companies, LLC Request I: Conditional use Planned Development (CUPD) with exceptions to allow: Access to the termini of stub roads and reduced frontage widths for three (3) parcels Reduced minimum acreage for one (1) parcel Reduced front setbacks for four (4) parcels 20SN0570 20SN0570 This is case #20SN0570 in the Bermuda District. Emerson Companies, LLC, requests Conditional use Planned Development (CUPD) with exceptions to allow: Access to the termini of stub roads and reduced road frontage widths for three (3) parcels Reduced minimum acreage for one (1) parcel Reduced front setbacks for four (4) parcels 1 Page 343 of 408 20SN0570 20SN0570 The subject properties are zoned Agricultural (A). Properties in the vicinity are zoned Agricultural (A) and Residential (R-15, R-25 and R- 12). 2 Page 344 of 408 20SN0570 Bermuda Emerson Companies, LLC Request I: Conditional use Planned Development (CUPD) with exceptions to allow: Access to the termini of stub roads and reduced frontage widths for three (3) parcels Reduced minimum acreage for one (1) parcel Reduced front setbacks for four (4) parcels 20SN0570 20SN0570 This is case #20SN0570 in the Bermuda District. Emerson Companies, LLC, requests Conditional use Planned Development (CUPD) with exceptions to allow: Access to the termini of stub roads and reduced road frontage widths for three (3) parcels Reduced minimum acreage for one (1) parcel Reduced front setbacks for four (4) parcels 3 Page 345 of 408 Overview Use existing Agricultural (A) zoning for acreage parcels Proposal for development with ordinance exceptions As conditioned, environmental features are preserved Staff supportive of request 20SN0570 20SN0570 The subject properties are located between Ramblewood Drive and the Walthall Creek, Walthall Mill and Walthall Estates subdivisions. The two subject parcels total 35 +/- acres and are zoned Agricultural (A). The request for a Conditional Use Planned Development (CUPD) would allow ordinance exceptions to access the ends of two stub roads with new parcels with reduced road frontage, reduce the minimum acreage for one (1) parcel and reduce front building setbacks for four (4) parcels. Staff is supportive of this request as: •Existing development patterns preclude an extension of the road network •Use of the stub roads for lot access diminishes the available road width •Standing forest and steep slopes are preserved, and the lot area exception is consistent for the one (1) parcel •The setback exception is consistent with the existing 4 Page 346 of 408 development pattern, and is further mitigated through the dedication of additional right-of-way and a landscape easement End 4 Page 347 of 408 20SN0570 The subject properties and surrounding areas are designed for Suburban Residential II, with residential development of 2-4 dwellings per acre. 5 Page 348 of 408 Ramblewood Dr Single family  residential – Walthall  Mill subdivision Quail Crossing Dove Path Ln Single family  residential – Walthall  Ridge subdivision Single family residential – acreage lots 20SN0570 20SN0570 The subject properties are vacant and wooded. A drainage stream bisects the properties into eastern portion fronting Ramblewood Drive and western portions with access to the ends of Dove Path Lane and Quail Crossing. Properties along Ramblewood Drive are primary characterized as acreage lots, with a few exceptions being smaller properties. The predominant land development pattern in the surrounding area of residential subdivsions, including Walthall Creek, Walthall Mill, Cameron Farms and Ramblewood Forest. 6 Page 349 of 408 7 Proffered Conditions 1. Master Plan. The Textual Statement, last revised July 13, 2020, shall be considered the Master Plan. (P) 2. Right-of-Way Dedication. The Applicant/Developer/Subdivider shall be responsible for the following right-of-way dedication: In conjunction with recordation of the initial subdivision plat or within sixty (60) days from a written request by the Transportation Department, whichever occurs first, forty- five (45) feet of right of way along the west side of Ramblewood Drive, measured from the centerline of that part of Ramblewood Drive immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 3. Density. The number of dwelling units shall not exceed seven (7). (P) 4. Connection to County Water. The applicant or developer shall connect the Property to County water at time of construction. (U) 20SN0570 20SN0570 The four (4) proffered conditions propose a master plan, dedication of right-of-way, a maximum number of dwelling units and connection to County water. Page 350 of 408 8 Textual Statement 1. Concept Plan. The Property shall be designed as generally depicted on the conceptual layout plan last revised June 17, 2020, entitled, “Walthall Acres Preliminary Subdivision Layout, Bermuda District, Chesterfield County, Virginia” prepared by Highmark Engineering (referred to herein as the “Concept Plan”); provided, however the exact location of the parcels, dwellings, streets, and other improvements may be modified provided that the general intent of the Concept Plan is maintained. 20SN0570 20SN0570 The Textual Statement list the three following items: 1. Concept Plan 2. Parcel Area, Setback, and Minimum Road Frontage Exceptions 3. Exception to Road Frontage Requirement for Stub Streets The Concept Plan for the Property was last revised June 17, 2020 Page 351 of 408 9 Textual Statement (continued) 2. Parcel Area, Setback, and Minimum Road Frontage Exceptions. Exceptions to parcel area, setbacks, and road frontage requirements shall be provided such that the following standards shall apply to development of the Property: a. Minimum Parcel Area: The minimum parcel area for one (1) of the seven (7) permitted parcels shall be three and one-half (3.5) acres each, and the minimum parcel area for the other six (6) parcels shall be five (5) acres each, all as generally shown on the Concept Plan. b. Setbacks: a. Front Yard: 75 feet* *As mitigation for the reduced front yard setback, there shall be provided a landscape easement, measuring fifteen (15) feet in width from the Property boundary toward the interior of the Property, in which trees having a diameter at breast height of at least six (6) inches shall be retained. Clearing of invasive, diseased, or dying species and clearing of brush shall be permitted within the landscape easement. Clearing of trees and other vegetation in the landscape easement shall be permitted to facilitate driveway access points and utilities (including drainfields). 20SN0570 20SN0570 The Textual Statement list the three following items: 1. Concept Plan 2. Parcel Area, Setback, and Minimum Road Frontage Exceptions 3. Exception to Road Frontage Requirement for Stub Streets The Minimum Parcel Area, Setbacks and Minimum Road Frontage include exceptions to fit the land characteristics as follows: a. Minimum Parcel Area: The minimum parcel area for one (1) of the seven (7) permitted parcels shall be three and one-half (3.5) acres each, and the minimum parcel area for the other six (6) parcels shall be five (5) acres each, all as generally shown on the Concept Plan. b. Setbacks: i. Front Yard: 75 feet* *As mitigation for the reduced front yard setback, there shall be provided a landscape easement, measuring fifteen (15) feet in width from the Property boundary toward the interior of the Property, in which trees having a Page 352 of 408 diameter at breast height of at least six (6) inches shall be retained. Clearing of invasive, diseased, or dying species and clearing of brush shall be permitted within the landscape easement. Clearing of trees and other vegetation in the landscape easement shall be permitted to facilitate driveway access points and utilities (including drainfields). c. Minimum Road Frontage: Two-hundred and fifty (250) feet for parcels fronting on Ramblewood Drive and twenty (20) feet for parcels fronting on either Dove Path Lane or Quail Crossing. 9 Page 353 of 408 10 Textual Statement (continued) 2. Parcel Area, Setback, and Minimum Road Frontage Exceptions. Exceptions to parcel area, setbacks, and road frontage requirements shall be provided such that the following standards shall apply to development of the Property: a. …Minimum Parcel Area… b. …Setbacks… c. Minimum Road Frontage: Twenty (20) feet for parcels fronting on either Dove Path Lane or Quail Crossing. 3. Exception Regarding Road Frontage Requirement for Stub Streets. There shall be an exception to the road frontage requirement provided in Ordinance Section 19.1-133 to allow one parcel containing a dwelling to be accessed from the terminus of Dove Path Lane and to allow two parcels, each containing a dwelling, to be accessed from the terminus of Quail Crossing, all as generally shown on the Concept Plan.20SN0570 20SN0570 Minimum Road Frontage: Two-hundred and fifty (250) feet for parcels fronting on Ramblewood Drive and twenty (20) feet for parcels fronting on either Dove Path Lane or Quail Crossing. 3. Exception Regarding Road Frontage Requirement for Stub Streets. There shall be an exception to the road frontage requirement provided in Ordinance Section 19.1-76A to allow one parcel containing a dwelling to be accessed from the terminus of Dove Path Lane and to allow two parcels, each containing a dwelling, to be accessed from the terminus of Quail Crossing, all as generally shown on the Concept Plan. Page 354 of 408 20SN0570 Concept Plan The plan shows the parcel subdivision of thirty-five (35) acres into seven (7) parcels. Four (4) parcels are located on the eastern side a ravine and drainage channel, and would be accessed from Ramblewood Drive. The two (2) central eastern parcels include land in the far reaches of the ravine, which effective puts those areas outside the control of the three (3) western parcels. Three (3) parcels are located on the western side of the ravine and would be accessed from Dove Path Lane and Quail Crossing. Areas for an existing power easement and for resource protection and protected forested area are shown. 11 Page 355 of 408 12 Recommend Approval with Conditions • Planning Commission recommends approval with the proffered conditions 20SN0570 20SN0570 Planning Commission recommends approval with the proffered conditions. Page 356 of 408 20SN0570 20SN0570 13 Page 357 of 408 P a g e 3 5 8 o f 4 0 8 P a g e 3 5 9 o f 4 0 8 P a g e 3 6 0 o f 4 0 8 Providing a FIRST CHOICE community through excellence in public service CASE NUMBER: 20SN0599 APPLICANT: Premier RE Fund V LLC CHESTERFIELD COUNTY, VIRGINIA DALE DISTRICT STAFF’S ANALYSIS AND RECOMMENDATION 16.8 Acres – 5700 Hopkins Rd Board of Supervisor (BOS) Public Hearing: AUGUST 26, 2020 BOS Time Remaining: 365 DAYS Applicant’s Contact: Mark Baker (804-874-6275) Planning Department Case Manager: Harold Ellis (804-768-7592) REQUEST Conditional Use Planned Development (CUPD) to permit ordinance and development standards exceptions, and amendment of zoning district map in a Community Business (C-3) District Notes: A. Conditions may be imposed or the property owner may proffer conditions. B. Conditions and an Exhibit are located in Attachments 1 and 2. SUMMARY The applicant is requesting approval of a Conditional Use Planned Development which will allow the replacement of a canopy which was damaged in an automobile accident. The canopy will encroach into the required setback from Hopkins Road. A Conditional Use Planned Development is requested to replace the structure in the location it was constructed prior to being struck and damaged by an automobile. RECOMMENDATION PLANNING COMMISSION APPROVAL STAFF APPROVAL • Allows canopy to be reconstructed after auto accident • No adverse impact to adjacent or surrounding properties • Allows a business which has been in operation since 1969 to continue operations with a canopy over fueling stations approved by the County in 1980 Page 361 of 408 2 20SN0599-2020AUG26-BOS-RPT Page 362 of 408 3 20SN0599-2020AUG26-BOS-RPT Comprehensive Plan Classification: COMMUNITY BUSINESS The designation suggests the property is appropriate for commercial uses that serve community-wide trade areas. Limited outside storage and display may occur as accessory to the primary uses. Surrounding Land Uses and Development Single-family uses- Meadowbrook Manor Chippenham Pkwy Hopkins Rd Single-family uses- North Chesterwood Single-family uses- Edgewood Page 363 of 408 4 20SN0599-2020AUG26-BOS-RPT PLANNING Staff Contact: Harold Ellis (804-768-7592) ellish@chesterfield.gov Zoning History Case Number Request 80AN0110 • Approved 10-foot variance to the (then) 22-foot setback requirement for a canopy. This approval permitted the canopy which is the subject of the current zoning case. Proposal The applicant is proposing to replace a fueling station canopy which was damaged beyond repair as the result of an automobile accident. The subject property is located within the Meadowbrook Shopping Center. The canopy, constructed after a variance approval in 1980, was located 12-feet from Hopkins Road, within the 22-foot setback required at that time. The Zoning Ordinance currently requires a 50-foot setback along Hopkins Road, with a 10-foot encroachment permitted for gasoline canopies. The applicant is proposing to locate the new canopy a minimum of 15-feet from Hopkins Road. Since the setback has changed since the time of construction of the canopy and variance approval, the original canopy was considered non-conforming. As such, it cannot be replaced in the same location it was constructed originally without the approval of the requested Conditional Use Planned Development for a setback exception. The applicant has proffered conditions which will require that the new canopy be compatible with the architectural treatment for the shopping center including finish materials, color and style. Additionally, the height of the canopy is also proffered to be a maximum height of 19-feet, in general accordance with the original canopy. The image below illustrates the canopy on site prior to being damaged. Page 364 of 408 5 20SN0599-2020AUG26-BOS-RPT COUNTY DEPARTMENT OF TRANSPORTATION Staff Contact: Steve Adams (804) 748-1037 adamsSt@chesterfield.gov The Comprehensive Plan, which includes the Thoroughfare Plan, identifies county-wide transportation needs that are expected to mitigate traffic impacts of future growth. This request is to permit the continued operation of automobile repair and reconstruction of a canopy structure. The anticipated traffic impact of the proposal has been evaluated and it is anticipated to have a similar traffic impact as the existing use on the property. UTILITIES Staff Contact: Randy Phelps (796-7126) phelpsc@chesterfield.gov Existing Water and Wastewater Systems Utility Type Currently Serviced Size of Closest Existing Lines Connection Required by County Code Water Yes 12” Yes Wastewater Yes 8” Yes Additional Utility Comments: The subject property is located within the mandatory water and wastewater connection area for new non- residential development. The automobile service center is located within an existing retail development, and all structures are connected to the public water and wastewater systems. The request to replace a canopy and install a sign will not encroach upon an existing public water line and easement along the west side of Hopkins Road, and will not impact the public water and wastewater systems. The Utilities Department supports this case. FIRE SERVICE Staff Contact: Anthony Batten (717-6167) battena@chesterfield.gov This request will have minimal impact on Fire and EMS. Nearby Fire and Emergency Medical Service (EMS) Facilities Fire Station The Dale Fire Station, Company Number 11 EMS Facility The Dale Fire Station, Company Number 11 VIRGINIA DEPARTMENT OF TRANSPORTATION Staff Contact: Willie Gordon (804-674-2907) willie.gordon@vdot.virginia.gov ENVIRONMENTAL ENGINEERING Staff Contact: Rebeccah Rochet (804-748-1028) rochetr@chesterfield.gov The proposal will not impact these facilities. Page 365 of 408 6 20SN0599-2020AUG26-BOS-RPT CASE HISTORY Applicant Submittals 7/08/20 Revised Textual Statement and Proffered Conditions submitted 4/10/20 Application and Textual Statement submitted Planning Commission 7/21/2020 Citizen Comments: One citizen spoke in favor of this request. Recommendation – APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS IN ATTACHMENT 3. Motion: Hylton Second: Owens AYES: Freye, Sloan, Hylton, Owens, Petroski The Board of Supervisor’s on Wednesday, August 26, 2020, beginning at 6:00 p.m., will consider this request. Page 366 of 408 7 20SN0599-2020AUG26-BOS-RPT ATTACHMENT 1 TEXTUAL STATEMENT Textual Statement March 17, 2020 Revised July 8, 2020 Development of the Property shall comply with the Zoning Ordinance requirements except as outlined herein: 1. A canopy shall be permitted in conjunction with an Automobile Service Station so long as the following standards are met: a. The canopy may be constructed with the same general size and location as a previous canopy on the Property as shown the survey plat entitled “ALSA/NSPS LAND TITLE SURVEY OF 16.884 ACRES OF LAND LYING ON THE NORTEAST SIDE OF CHIPPENHAM PARKWAY” (the “Survey”), dated May 1, 2019 and prepared by Koonz, Bryant, Johnson, Williams (EXHIBIT A). b. The canopy shall have minimum setbacks of fifteen (15) feet from Hopkins Road and sixty-nine (69) feet from Bonniebank Road. Page 367 of 408 8 20SN0599-2020AUG26-BOS-RPT ATTACHMENT 2 EXHIBIT A (Page 1 of 2) Page 368 of 408 9 20SN0599-2020AUG26-BOS-RPT ATTACHMENT 2 EXHIBIT A (Page 2 of 2) Page 369 of 408 10 20SN0599-2020AUG26-BOS-RPT ATTACHMENT 3 PROFFERED CONDITIONS July 8, 2020 Note: The Planning Commission and Staff recommend acceptance of the following proffered conditions as offered by the applicant. Proffered Conditions Case # 20SN0599 The Owner-Applicant in this zoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for itself and its successor or assigns, proffers that the development of the property (the “Property”) will be developed as set forth below; however, in the event the request is denied or approved with conditions not agreed to by the Owner-Applicant, these proffers shall be immediately null and void and of no further force or effect. 1. Master Plan. The Textual Statement dated March 17, 2020, and last revised July 8, 2020, and the survey plat entitled “ALSA/NSPS LAND TITLE SURVEY OF 16.884 ACRES OF LAND LYING ON THE NORTEAST SIDE OF CHIPPENHAM PARKWAY”, dated May 1, 2019 and prepared by Koonz, Bryant, Johnson, Williams (EXHIBIT A) shall be considered the Master Plan. 2. Architecture: The canopy design shall be compatible with the architectural treatment for the shopping center including finish materials, color and style. Canopy columns shall be wrapped with brick or stone veneer a minimum of 5 feet in height above the foundation footing. 3. Canopy Height. The canopy shall be a maximum of nineteen (19) feet in height. Page 370 of 408 20SN0599 Dale Premier Fund RE V, LLC Conditional Use Planned Development (CUPD) to permit ordinance and development standards exceptions, and amendment of zoning district map in a Community Business (C-3) District This is case 20SN0599, in the Dale District. Premier Fund RE V LLC is requesting Conditional Use Planned Development (CUPD) to permit ordinance and development standards exceptions, and amendment of zoning district map in a Community Business (C-3) District. More specifically, the applicant is requesting relief from the current setback along Hopkins Road, which will allow them to be able to reconstruct a fueling station canopy that was damaged beyond repair as the result of a car accident. 1 Page 371 of 408 The subject property is located along the north side of Chippenham Pkwy and east side of Hopkins Road, in the Meadowbrook Shopping Center, and is zoned C-3. As stated, the applicant requests approval of a CUPD to allow the replacement of a previously existing canopy which would encroach into the 50’ Hopkins Road setback. The Canopy was originally constructed following approval of 1980 variance which allowed encroachment to the then 22-foot setback along Hopkins Road. Since the time of the approval and construction, the setback has increased to 50 feet. 2 Page 372 of 408 This is an aerial of the property, Meadowbrook Shopping Center. 3 Page 373 of 408 This is a photo of the canopy prior to it being damaged. The applicant has proffered to replace the same location, at approximately the same height, and bring the support columns up to current Emerging Growth District standards, which requires them to be wrapped in masonry to match the shopping center. 4 Page 374 of 408 5 Recommendation • Allows canopy to be reconstructed after auto accident • No adverse impact to adjacent or surrounding properties • Allows a business which has been in operation since 1969 to continue operations with a canopy over fueling stations approved by the County in 1980 The Planning Commission, with a unanimous vote, and staff, recommends approval with the proffered conditions discussed. The approval will Allow the canopy to be reconstructed after auto accident; Pose no adverse impact to adjacent or surrounding properties; And allows a business which has been in operation since 1969 to continue operations with a canopy over fueling stations approved by the County in 1980. Page 375 of 408 6 Page 376 of 408 ZONING OPINION NUMBER: 20ZO0338 REZONING CASE NUMBER: 20SN0599 DISCLOSURE AFFIDAVIT LAND USE APPLICATION I, Jonathan M Cutler, do hereby swear or affirm that to the best of my knowledge and belief, the following information is true: 1. I am the Agent for the land use amendment on the property identified as Parcel ID Number(s): 780-686-5569 and am requesting Conditional Use Planned Development 2. With the exception of governmental entities and public service companies owning recorded easements over the Subject Property which is the subject of the land use amendment application referred to in Paragraph 1, the following is a list of the names and addresses of all persons owning any legal or equitable interest in the Subject Property as a title owner, lessee, easement owner, contract purchaser, assignee, optionee, licensee or noteholder, including trustees, beneficiaries of trusts, general partners, limited partners and all other natural or artificial persons: NAME ADDRESS TYPE OF OWNERSHIP PREMIER RE FUND V LLC 7910 Woodmont Avenue, Suite 1405, Bathesda, MD, 20814 Title Owner 3. I hereby certify that the following corporations disclosed in Paragraph 2 are regularly traded on a stock exchange or in the over the counter market or have more than 100 shareholders: 4. I hereby certify that after the exercise of due diligence, I have been unable to learn the identities of the owners of the following corporations, partnerships, joint ventures, trusts or other artificial persons disclosed in Paragraph 2: 5. The following is a list of the names and addresses of all natural or artificial persons owning an interest in any corporation, partnership, joint venture, trust or other artificial person disclosed in Paragraph 2 (other than those listed in Paragraph 3 or Paragraph 4) which has a total of ten or fewer shareholders, partners, beneficiaries or owners: NAME ADDRESS NAME OF ARTIFICIAL PERSON 6. The following is a list of the names and addresses of all natural or artificial person owning 10% or more of any class of stock issued by a corporation or an interest of 10% or more in any partnership, joint venture, trust or other artificial person disclosed in Paragraph 2 (other than those listed in Paragraph 3 or 4): NAME ADDRESS NAME OF CORPORATION Page 1 of 3 Page 377 of 408 7. If any of the persons disclosed in Paragraphs 5 or 6 above is a corporation, partnership, joint venture, trust or other artificial person, the following is a list of all members of the Board of Supervisors of Chesterfield County, the Chesterfield County Planning Commission or their immediate households owning any interest in the Subject Property as a title owner, easement owner, contract purchaser, lessee, assignee, optionee or licensee, either individually or by ownership of an interest in a corporation, trust, partnership, joint venture or other artificial person owning any such interest: CORPORATION/NAME OF HOUSEHOLD NAME OF SUPERVISOR DESCRIPTION OF ARTIFICIAL PERSON MEMBER OR COMMISSIONER OWNERSHIP INTEREST 8. If any of the persons disclosed in Paragraphs 5 or 6 above is a corporation, partnership, joint venture, trust or other artificial person, I hereby certify that no member of the Board of Supervisors of Chesterfield County, the Chesterfield County Planning Commission or their immediate households, other than those Supervisors, Commissioners or household members named in Paragraph 7 above, owns any interest in the Subject Property as a title owner, easement owner, contract purchaser, lessee, assignee, optionee or licensee, either individually or by ownership of an interest in a corporation, trust, partnership, joint venture or other artificial person owning any such interest. 9. Prior to every public hearing in connection with the land use amendment application referred to in Paragraph 1 above, I will file a revised Zoning Disclosure Affidavit if there has been any change in the information set forth above. Page 2 of 3 Page 378 of 408 WITNESS the following signature Signature: ____________________________________ Jonathan M Cutler STATE OF ____________________________ COUNTY/CITY OF ____________________________________ to-wit: This day_______________________________________personally appeared before me, _____________________________________________, a Notary Public in and for the County and State aforesaid, and swore or affirmed that the matters stated in the foregoing Zoning Opinion Disclosure Affidavit are true to the best of his/her knowledge and belief. Given under my hand this ___________________________ day of _______________________________,20_____. __________________________________________ Notary Public Registration No. ___________________________________ My Commision expires: _____________________________________________ Page 3 of 3 Page 379 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 17.A. Subject: To Adopt an Ordinance to Vacate Portions of a 50' Unimproved County Right of Way known as Glendale Street within Plan of Normandale Terrace Subdivision Board Action Requested: Adopt an ordinance to vacate portions of a 50' unimproved county right of way known as Glendale Street within Plan of Normandale Terrace subdivision. Summary of Information: Rolling Ridge, LLC, has submitted an application requesting the vacation of portions of a 50' unimproved county right of way known as Glendale Street within Plan of Normandale Terrace subdivision. This request is for the future development of Lambert Landing and has been reviewed by County staff, VDOT and Comcast Cablevision. Approval is recommended. Attachments: 1.Rolling Ridge LLC vicinity sketch 2.Rolling Ridge LLC Vacation Plat 3.Rolling Ridge LLC Vacation Ordinance Preparer:Dean Sasek, Real Property Manager Approved By: Page 380 of 408 E L O K O M I N A V E R I O V I S T A S T O A K R D S H I E L D S R D A S P E N A V E S E M I N O L E A V E R B 1 J E F F E R S O N D A V I S H W Y J E F F E R S O N D A V I S H W Y GLENDALE ST B U E N A V I S T A B L V D H O LI D A Y B O W L R D Board of Supervisors Meeting - August 26, 2020 Adopt an Ordinance to Vacate Portions of a 50'Unimproved County Right of Way known as Glendale Street within Plan of Normandale Terrace Subdivision Chesterfield CountyReal Property Office 1 inch = 200 feet µ VACATION OF PORTIONS OF A 50' UNIMPROVED RIGHT OFWAY KNOWN AS GLENDALE STREET Page 381 of 408 P a g e 3 8 2 o f 4 0 8 \\job-cc-az-001\TempUpload\c603b3427f\stream/CHESTERFIELDCOVA/f40c136403.doc/jls/jbc/Rolling Ridge GIS CODE:VAC PINS:797 660 5931 00000 797 660 4744 00000 797 660 4371 00000 Document No:2020-0399 CHESTERFIELD COUNTY: At a regular meeting of the Board of Supervisors held at the Courthouse on AUGUST 26, 2020 at 6:00 p.m. AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to ROLLING RIDGE, LLC, a Virginia limited liability company and JEFF DAVIS, LLC a Virginia limited liability company, ("GRANTEES"), portions of a 50’ county right of way known as Glendale Street within Plan of Normandale Terrace Subdivision, BERMUDA Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office, Circuit Court, Chesterfield County, Virginia in Plat Book 7, at Page 114. WHEREAS, Rolling Ridge, LLC petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate portions of a 50’ unimproved right of way known as Glendale Street within Plan of Normandale Terrace Subdivision, BERMUDA Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 7, Page 114, by Temple Waddill Inc., dated November 4, 1929 and recorded March 5, 1940. The portions of right of way petitioned to be vacated are more fully described as follows: Portions of a 50’ county right of way known as Glendale Street within Plan of Normandale Terrace Subdivision, the locations of which are more fully shown on a plat made by Townes Site Engineering, dated August 7, 2020, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2-2204 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the portions of right of way sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF Page 383 of 408 \\job-cc-az-001\TempUpload\c603b3427f\stream/CHESTERFIELDCOVA/f40c136403.doc/jls/jbc/Rolling Ridge CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid portions of right of way be and are hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office, Circuit Court, Chesterfield County, Virginia pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2-2274 is to destroy the force and effect of the recording of the portions of the plat vacated. This Ordinance shall vest fee simple title to the portions of right of way hereby vacated in the adjacent lot owners free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the GRANTOR and GRANTEES, or their successors in title. Certified by: __________________________________ DEPUTY COUNTY ADMINISTRATOR APPROVED AS TO FORM: SENIOR DEPUTY COUNTY ATTORNEY Page 384 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 17.B. Subject: To Consider the Exercise of Eminent Domain for the Acquisition of Easements for the Route 10 (Whitepine Road to Frith Lane) Widening Project Board Action Requested: Hold a public hearing and authorize the exercise of eminent domain for the acquisition of easements for the Route 10 (Whitepine Road to Frith Lane) Widening Project, including the filing of certificates of take, so that construction can proceed on schedule. Summary of Information: On August 23, 2017, the Board authorized staff to proceed with the Route 10 (Whitepine Road to Frith Lane) Widening Project, including acquisition of right-of-way. The Board also authorized the advertisement of an eminent domain public hearing for the project. The county needs to acquire temporary construction easements in order to construct the project. The county’s right-of-way acquisition consultant has been successful in acquiring easements from five of the seven property owners impacted by the project. The county’s consultant has been unable to reach agreement with two property owners and recommends eminent domain, so construction can proceed on schedule. Construction is scheduled to begin March 2021. If the county proceeds with eminent domain, certificates of take will be filed with the court, which will allow the county to enter and use the easements at the time of construction. The county will then be obligated to purchase the easements from the property owner as identified on Attachments A. Sufficient funds are available in the budget to pay the anticipated condemnation costs. Staff recommends the Board authorize the exercise of eminent domain, including the filing of certificates of take, for the acquisition of easements for the Route 10 (Whitepine Road to Frith Lane) Widening Project as identified on Attachments A. Attachments: Page 385 of 408 1.Route 10 (WP-F) Eminent Domain Attachment A 2.Route 10 (WP-F) Eminent Domain Exhibit Preparer:Brent Epps, Director of Transportation Approved By: Page 386 of 408 Route 10 (Whitepine Road to Frith Lane) Widening Project Refusals (Recommending Eminent Domain Proceedings) Parcel Number Owner Name Parcel ID (GPIN) Property Address Rights to Be Acquired Original Offer Date Original Offer Amount 001 Domanic A. Jernigan and Christopher Jernigan, Heirs at Law of Donald S. Jernigan 7706706845 8021 Iron Bridge Road TCE 3/18/20 $2,000 002 Trustees of Chesterfield Christian Center 7706705734 8031 Iron Bridge Road TCE 3/11/20 $1,100 Legend TCE = Temporary Construction Easement Route 10 (Whitepine Road to Frith Lane) Widening Project Right-of-Way Data Sheet Parcel Number Owner Last Name RW Sheet Number 001 Jernigan 4RW 2.50 AC 0 SF 0 SF 2.50 AC 0 SF 0 SF 0 SF 1,606 SF 002 Trustees of CCC 4RW 2.52 AC 0 SF 0 SF 2.52 AC 0 SF 0 SF 0 SF 1,148 SF Fee TakingExist Area Temporary Construction Easement Dominion Easement Verizon Easement Permanent Easement Fee Remainder Prescriptive R/W ATTACHMENT A Page 387 of 408 Page 388 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 17.C. Subject: To Consider Amendments to Chapter 5 of the County Code adding § 5-12 Regarding Blighted Property Declarations and to Declare Two Properties Blighted Board Action Requested: The Board is requested to hold a public hearing to consider amending Chapter 5 of the County Code to add § 5- 12 regarding blighted property declarations and to declare two properties blighted and to adopt the ordinance amendments at the close of the public hearing. Summary of Information: This proposed ordinance amendment, attached, pertains to two properties in the county that have been declared blighted by the building official, 1358 Old Bon Air Road and 4731 Black Oak Road. When the building official makes a preliminary determination that a property is blighted, the property owner is given an opportunity to provide a plan to remedy the blight. If no plan is submitted or the plan will not cure the blight, the director of community enhancement may request the Board of Supervisors to declare the property blighted. Once that declaration is made, the county may proceed with acquiring or repairing the property to cure the blight. To remedy the longstanding blight at these two properties, the Board is requested to hold a public hearing on August 26, 2020 to consider amending Chapter 5 of the County Code to add § 5-12 regarding Blighted Property Declarations, which will declare that 4731 Black Oak Road and 1358 Old Bon Air Road are blighted. The adopted ordinance will facilitate the Department of Community Enhancement’s efforts, in coordination with the Departments of Planning and Building Inspection, to improve the structural and aesthetic characteristics of these properties, increase safety, and remedy long-standing code violations at these properties. After the public hearing is closed, the Board is requested to adopt the ordinance amendments. Attachments: 1.Ordinance amending 5-12 Preparer:Daniel Cohen, Director Approved By: Page 389 of 408 Page 390 of 408 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING CHAPTER 5 BY ADDING SECTION 5-12 “BLIGHTED PROPERTY DECLARATIONS” BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Chapter 5 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to add section 5-12, which section shall read as follows: Sec. 5-12. - Blighted Property Declarations In accordance with the definition of “blighted property” in section 5-7.3 and the provisions of section 5-7.4, the following properties are declared to be blighted properties: (a) 4731 Black Oak Road, N. Chesterfield, Va 23237 (parcel ID: 779676310900000) (b) 1358 Old Bon Air Road, N. Chesterfield, Va 23235 (parcel ID: 750712434100000) (2) That this ordinance shall become effective immediately upon adoption. 3137:117503.1 Page 391 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 17.D. Subject: To Consider the Abandonment of a Portion of Deerleaf Court, State Route 7335 Board Action Requested: Adopt the attached resolution to abandon a portion of Deerleaf Court, State Route 7335, from the Secondary System of State Highways. Summary of Information: On July 22, 2020, the Board authorized the posting and publishing of notices to abandon a portion of Deerleaf Court, State Route 7335, from the Secondary System of State Highways. The request has been reviewed by the county staff, the Virginia Department of Transportation, Comcast and Verizon. Approval is recommended, as there is no public necessity for the portion of road to be abandoned. Attachments: 1.Deerleaf Court Vicinity Map 2.Deerleaf Court Resolution and Order 20200300 3.Deerleaf Court Node Map Preparer:Dean Sasek, Real Property Manager Approved By: Page 392 of 408 T A P L O W R D P E A S E R D D E E R L E A F W A Y D E E R L E A F C T DEW LN DE ER G R O V E R D BIGELOW RD TAPLO W CIR W A R B R O R D D E E R H I L L R D D E E R H I L L L N TAPLOW TER Changes in the Secondary System of State Highways Chesterfield County, Virginia Chesterfield CountyReal Property Office 1 inch = 250 feet µ Portion of Deerleaf Ct, State Route 7335 to be Abandoned Page 393 of 408 GIS Code: ABANDON PIN: 738 686 2751 00000 Document NO.: 2020-0300 CHESTERFIELD COUNTY: At a regular meeting of the Board of Supervisors, held in the Public Meeting Room at the Chesterfield Administration Building on August 26, 2020, at 6:00 p.m. RESOLUTION and ORDER WHEREAS, a sketch has been provided to the Board of Supervisors of Chesterfield County depicting a portion of Deerleaf Court, State Route 7335, to be abandoned from the Secondary System of State Highways; and, Whereas, pursuant to a resolution of this Board, dated July 22, 2020, the required notices of the County’s intent to abandon a portion of Deerleaf Court Road, State Route 7335, identified as segment B-D 0.03 miles on the attached sketch, have been given in that: on July 23, 2020, a notice was posted in at least three places along Deerleaf Court, State Route 7335, and on August 12, 2020, and on August 19, 2020, a notice was published in the Richmond Times-Dispatch having general circulation within the County announcing this Public Hearing to receive comments concerning the proposed abandonment; and on July 30, 2020, a notice was sent to the Commissioner of Highways; and, WHEREAS, after considering all evidence available, this Board is satisfied that no public necessity exists for the continuation of this portion of Deerleaf Court, State Route 7335, identified as segment B-D 0.03 miles, since it serves no public necessity and is no longer necessary as part of the Secondary System of State Highways. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby abandons the above described segment of Deerleaf Court, State Route 7335, and removes it from the Secondary System of State Highways, pursuant to Section 33.2-909, Code of Virginia, 1950, as amended. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Chesterfield Residency Engineer for the Virginia Department of Transportation at 3301 Speeks Drive, Midlothian, VA 23112. AND, BE IT FURTHER RESOLVED, that the Board of Supervisors does hereby request that the Commissioner of Highways certify in writing that the portion of Deerleaf Court, State Route 7335, hereby abandoned is no longer necessary for uses of the Secondary System of State Page 394 of 408 Highways pursuant to Section 33.2-913, Code of Virginia, 1950, as amended. Certified By: ___________________________ Sara Hall Clerk to the Board of Supervisors Page 395 of 408 ! ! ! C A B D MACH 39, LLCChanges in the Secondary System of State Highways;Deerleaf Court, State Route 7335Chesterfield County, Virginia Chesterfield CountyReal Property Office µ D E E R L E A F C O U R T S T A T E R O U T E 7 3 3 5 D E E R L E A F W A Y S T A T E R O U T E 7 3 3 4DEERLEAF R O A D W A R B O R O A D S T A T E R O U T E 9 0 7 D E E R H I L L L A N E S T A T E R O U T E 7 3 8 5 PORTION OF DEERLEAF COURT, STATE ROUTE 7335 TO BE ABANDONED A - B Rt 7334 0.10 MILES REMAIN B - C Rt 7335 0.05 MILES REMAIN B - D Rt 7335 0.03 MILES ABANDON ! S T A T E R O U T E 7 3 3 2 Page 396 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 17.E. Subject: To Consider Repealing the Ordinances Waiving Penalties and Interest on Unpaid Transient Occupancy Taxes and Unpaid Utility Bills Board Action Requested: Hold a Public Hearing to Consider Repealing the Ordinances Waiving Penalties and Interest on Unpaid Transient Occupancy Taxes and Unpaid Utility Bills Summary of Information: This public hearing is to consider repealing ordinances that waive the penalties and interest on past-due balances for transient occupancy taxes and utility bills. Background: 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 a countywide emergency in response to COVID-19. Immediate financial impacts were felt by the hotel industry and by individual citizens affected by the pandemic-induced economic disruption. Accordingly, on March 25, 2020, the Board of Supervisors approved an ordinance to add Section 9- 160 to Chapter 9, Article XI, of the Code of the County Chesterfield to waive penalties and interest on unpaid transient occupancy taxes. Similarly, on this same date, the Board also approved an amendment to Section 18-29 relating to the waiver of penalties and interest on unpaid utility bills. By extending the date on which penalties and interest accrue, these extensions of temporary relief provide the target recipients with payment relief. This public hearing is to consider repealing these waivers so that they expire after August 31, 2020. Effectively, the accrual of penalties and interest on these past-due balances would apply starting September 1, 2020. These actions would align with the sunset date for the waiver of penalties and interest extended to personal property taxes. Attachments: 1.Ordinance repealing Section 9-160 & amending Section 18-29 Preparer:Andrea Peeks, Director of Budget and Management George Hayes, Director of Utilities Approved By: Page 397 of 408 AN ORDINANCE 1) TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY REPEALING 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 REPEALING 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 repealed. 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. 0637:117726.1 Page 398 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 17.F. Subject: To Consider the Appropriation of up to $51.6 Million in Federal CARES Act Funding in FY2021 Board Action Requested: Hold a Public Hearing Regarding the Appropriation of up to $51.6 million in federal CARES Act funding in FY2021 Summary of Information: On June 1, 2020, the County received $30.8 million in federal stimulus funding in accordance with the Coronavirus Aid, Relief and Economic Security (CARES) Act. Subsequently, the County received notice from the state on July 28, 2020 of receipt of an additional $30.8 million in CARES Act funding; for a total County allocation of $61.6 million. On June 24, 2020, the Board of Supervisors appropriated up to $5.0 million of these funds for use towards eligible expenses incurred in FY2020. Also on June 24, 2020, the Board approved $5.0 million for use in FY2021 to support the Back in Business grant program. Finally, on July 22, 2020, the Board approved $50,000 for rental and mortgage assistance. Accordingly, of the total $61.6 million, this public hearing is to consider the appropriation of the remaining approximately $51.6 million in CARES Act funds for use in FY2021. The County has developed a proposed outline for the expenditure of remaining CARES appropriation for eligible expenses in FY2021. A listing of the proposed expenditures included in the attachment is intended to address critical County needs in a manner that complies with guidance issued by the U.S. Department of Treasury as of August 20, 2020. A high-level overview of expenditure categories as they stand now is as follows: -Business assistance: Programs that support the Chesterfield business community. Examples include business grants, workforce development initiatives, and reopening libraries to serve as flexible short-term work spaces. -Community Assistance: Costs to bolster community infrastructure and supports for Chesterfield residents that are needed due to the pandemic. Examples include increasing Wi-Fi coverage at strategic County facility locations, providing funding for rental and mortgage assistance, and the installation of self-service kiosks at all County library locations to bolster library services while minimizing person-to-person contact. -Address Food Insecurity: County contribution to the local food bank to ensure access to food for those experiencing financial hardship as a result of the pandemic. -Equipping Schools: Costs to support the Chesterfield County Public Schools’ efforts to provide educational services in a safe and effective manner. Examples include PPE and thermometers for all school locations, Chromebook purchases to supplement distance learning efforts, and major maintenance HVAC improvements. -Technology to Support Remote Access to the County: Costs to enable the County to maximize its capability to provide services remotely. Examples include laptops and information technology and corresponding infrastructure to support a larger number of workers and residents accessing County networks and services remotely. -Virus mitigation and public health: Costs to equip County facilities and employees for best practice recommendations to address virus mitigation. Examples include the purchase of personal protective equipment (PPE) and hand sanitizer, partitions for office areas to enable safe employee and Page 399 of 408 customer interactions, and building modifications to implement safer HVAC protocols. Note that current U.S. Treasury guidance limits use of CARES Act funds to specific purposes that assist with impacts from the COVID-19 pandemic, restricts use of the funds for general revenue recovery support, and states that the funds must be used to support one-time expenses incurred between March 1, 2020 and December 30, 2020. In the event this official funding guidance is amended, or additional essential needs are determined, staff with work closely with the Board of Supervisors to revise the spending plan as needed to ensure maximum benefit is derived from use of these funds. Attachments: 1.Proposed CARES Spending Plan August 27 2020 Preparer:Andrea Peeks, Director of Budget and Management Approved By: Page 400 of 408 Category Item Amount Business Assistance Community Enhancement Partnership to provide employment counseling 75,000 Community Enhancement Workforce development (employment and training programs)300,000 Economic Development Back in Business grants (already approved)5,000,000 Economic Development Daycare support, including YMCA program 3,000,000 Economic Development Greater Richmond Convention Center - support for COVID expenditures 50,000 Subtotal 8,425,000 Community Assistance Community Enhancement Rental and mortgage assistance ($50,000 already approved)500,000 IST Increase Wi-Fi coverage at strategic County locations (libraries, select park sites, etc.)100,000 Library Install self check-out kiosks to reduce person-to-person interaction and improve service 150,000 Library Install self service lockers to reduce person-to-person interaction and improve service 75,000 Library Convert six closed libraries for teleworking/distance learning support centers 530,000 Social Services Economic hardship grants for water and sewer utility fee assistance for continued service connections 500,000 Subtotal 1,855,000 Food Insecurity Chesterfield Food Bank Food assistance 500,000 Subtotal 500,000 Schools Capital Trailer repositioning to support spatial distancing requirements 1,500,000 Capital Major maintenance HVAC improvements 11,200,000 Capital Buses to support distancing requirements during transport 3,000,000 Facilities Air filtration enhancements 500,000 Student Health Nurses (partial year)500,000 Technology Chromebooks and software 5,181,000 Transportation Bus reroute efforts to accommodate alternative schedules 50,000 Various PPE and cleaning supplies (for general education, special education, student health, transportation, and facilities)6,141,000 Subtotal 28,072,000 Technology Courts Courts building technology to support social distancing 89,400 IST Technical support for remote work capabilities 1,373,000 IST Customer service enhancements to remote or online capabilities 363,400 IST Laptops for County workforce to bolster telework capabilities (to include deployment costs)6,405,000 Subtotal 8,230,800 Virus Mitigation and Public Health Countywide FY2020 eligible reimbursements 5,000,000 Countywide FY2021 eligible reimbursements 2,631,728 Countywide VEC and FFRCA Claims 365,400 Countywide PPE and cleaning supplies for County buildings for the protection of staff and citizens; includes public safety 1,720,700 Countywide Building modifications to facilitate social distancing and air quality enhancements 1,059,200 Proposed Allocation of CARES Act FundingAugust 27, 2020 1 of 2 Page 401 of 408 Category Item Amount Proposed Allocation of CARES Act FundingAugust 27, 2020 Virus Mitigation and Public Health, cont. Courts, Sheriff Staff and building modification costs to implement social distancing in Courts (to include jury trials)1,290,000 Fire and EMS Ambulances equipped for COVID calls (six)2,086,400 Registrar Registrar support increased absentee/early voting demand 300,000 Sheriff Riverside Regional Jail - support for COVID expenditures 25,000 Subtotal 14,478,428 Total CARES Grant Amount 61,561,228 2 of 2 Page 402 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 17.G. Subject: To Consider the Readoption of an Amendment to Section 9-51 of the County Code to Waive the Accrual of Penalty and Interest on Delinquent Personal Property Tax Payments Due on June 5, 2020 Until After August 31 Board Action Requested: Readopt Amendments to Code Section 9-51 Waiving Penalty and Interest on Delinquent Personal Property Tax Bills until After August 31, 2020 Summary of Information: Pursuant to County Ordinance, personal property taxes are due on June 5, 2020. Failure to make payment on June 5 results in the imposition of a penalty of 10% on June 6, 2020. Interest also begins to accrue on such delinquent payments on July 1. At its July 2020 Board meeting, the Board adopted on an emergency basis an amendment to Code Section 9-51, which states that no penalty or interest shall be imposed on any delinquent personal property tax payment until after August 31, 2020. This ordinance amendment must be readopted by the Board to remain effective. In order to readopt the amendment, the Board must hold a public hearing. Attachments: 1.Ordinance amending Section 9-51 Preparer:Jeff Mincks, County Attorney Approved By: Page 403 of 408 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD,1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 9-51 RELATING TO THE IMPOSITION OF PENALTIES AND INTEREST FOR THE LATE PAYMENT OF PERSONAL PROPERTY TAX BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1)That Section 9-51 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 9-51. - Payment. (a)  The tangible personal property tax levied on personal property, including mobile homes, and the machinery and tool tax levied on machinery and tools is due and payable on June 5 of each calendar year; however, any prorated tax levied on motor vehicles shall be due and payable in accordance with sections 9-52 et seq. Any person failing to pay such taxes on or before the due date shall incur a penalty of ten percent which shall be added to the amount of taxes owed from such taxpayer. The treasurer shall account for the penalty collected in his settlement. (b)  All returns of tangible personal property subject to taxation, including mobile homes, machinery and tools, shall be filed by every person liable for the tax with the office of the commissioner of the revenue on forms furnished by it, on or before March 1 of each calendar year; however, every person liable for any prorated tax shall file a return in accordance with section 9-53. Any person failing to file such return on or before the due date shall incur a penalty of ten percent which shall be added to the amount of taxes or levies due from such taxpayer. The treasurer shall account for the penalty collected in his settlement. There shall be no penalty for any person liable for a prorated tax who fails to file a return or when the property subject to taxation is a motor vehicle or a mobile home if the billing date is January 1, 2017 or later. (c)  In addition to the penalties provided herein, any such taxes remaining unpaid on the first day of the month next following the month in which such taxes become due, shall be delinquent and shall accrue interest at ten percent per annum. (d)  Upon a written request, the commissioner of the revenue may extend the time for filing tangible personal property returns. The taxpayer must submit a request for an extension of time on or before March 1, including the reason for the extension request. Upon receipt of such request, the commissioner of the revenue may grant or refuse the request, and shall notify the taxpayer of his decision. Any extension of the filing date shall be for a fixed number of days, but not more than 60 days. (e)  Motor vehicle, boat or trailer owners are required to file a new personal property tax return on or before March 1 of any tax year for which there is (i) a change in the name or address of the person or persons owning the vehicle; (ii) a change in the situs of the vehicle; or (iii) any other change affecting the assessment of the personal property tax on the vehicle for which a tax return was previously filed. Unless and until such a new personal property tax return is filed, the most recent tax return filed prior to January 1, 1996 or any return filed thereafter shall be the basis for the assessment of a motor vehicle boat or trailer. Motor Page 404 of 408 vehicle, boat or trailer owners are required to file a return as stated in sections 9-51(b) and 9- 53 when acquiring one or more vehicles for which no personal property tax return has been filed with the county. (f)Notwithstanding the provisions provided above to the contrary, no payment due on June 5, 2020 shall, if delinquent, accrue interest or incur a penalty until after July 31 August 31, 2020. (2)That this ordinance shall become effective immediately upon adoption. 0637:117288.2 Page 405 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 17.H. Subject: To Consider Establishment of Two Satellite Voting Locations Board Action Requested: Establish two satellite absentee voting locations at (1) LaPrade Library, 9000 Hull Street Rd, North Chesterfield, VA 23236 and (2) Meadowdale Library, 4301 Meadowdale Blvd, North Chesterfield, VA 23234 Summary of Information: Given recent changes to state law allowing “no excuse” absentee voting for everyone and the ongoing COVID- 19 pandemic, it is anticipated that there will be a large increase in the number of citizens voting with absentee ballots in the upcoming election. In an effort to foster accessibility and promote social distancing, the County proposes the establishment of two satellite absentee voting locations. Two satellite absentee voting locations are proposed to be located at (1) LaPrade Library, 9000 Hull Street Rd, North Chesterfield, VA 23236 and (2) Meadowdale Library, 4301 Meadowdale Blvd, North Chesterfield, VA 23234. State law requires the creation of satellite offices to be enacted at least 60 days before the November election. Moreover, two additional sites are also being considered and will be before the Board of Supervisors for approval at a special meeting on September 2, 2020. Attachments: 1.Satelitte Absentee Voting - LaPrade & Meadowdale - Ordinance Amendment Preparer:Jeff Mincks, County Attorney Approved By: Page 406 of 408 0533:115580.3 1 Adopted as Written 8/28/19 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY ADDING SECTION 7-4 REGARDING SATELLITE ABSENTEE VOTING LOCATIONS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1)That Section Chapter 7 of the the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted by adding: Sec. 7-4. Satellite Absentee Voting Locations. The following are established as satellite absentee voting locations: (1) LaPrade Library, 9000 Hull Street Rd, North Chesterfield, VA 23236 and (2) Meadowdale Library, 4301 Meadowdale Blvd, North Chesterfield, VA 23234. (2)That this ordinance shall become effective immediately upon adoption. Page 407 of 408 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: August 26, 2020 Item Number: 20.A. Subject: Adjournment and Notice of Next Scheduled Meeting of the Board of Supervisors Board Action Requested: Summary of Information: Motion of adjournment to a special Board of Supervisors meeting to be held on September 2, 2020 at 6:00 p.m. Attachments: None Preparer:Sara Hall, Clerk to the Board of Supervisors Approved By: Page 408 of 408