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03-24-2004 PacketPUBLIC HEARING #1 - THOSE PEOPLE WISHING TO SPEAK AT THE PUBLIC HEARING TO CONSIDER THE APPROPRIATION OF REFUND FROM THE RIVERSIDE REGIONAL JAIL SHOULD PRINT THEIR NAME AND ADDRESS BELOW. SPEAKERS WILL BE CALLED IN ORDER. NAME .~~George Beadle~ 2. 3. 4. 5. 6. ADDRESS Public Hearing #2 THOSE PEOPLE WISHING TO SPEAK AT THE PUBLIC HEARING TO CONSIDER AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIEI,D, 1997, AS AMENDED. BY AMENDING AND REENACTING SEC. 9-5 RELATING TO FEES FOB COLLECTING DEL!NOUENT TAXE~; SHOULD PRINT THEIR NAME AND ADDRESS BELOW. SPEAKERS WILL BE CALLED IN ORDER. NAME ~~eoree Beadles 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. ADDRESS Public Hearing 03 THOSE PEOPLE WISHING TO SPEAK AT THE PUBLIC HEARING TO CONSIDER AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997. A~ AMENDED, BY AMENDING AND REENACTING SEC, 5-5 RELATING TO BUILDLING PERMIT FEES SHOULD PRINT THEIR NAME AND ADDRESS BELOW. SPEAKERS WILL BE CALLED IN ORDER. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Public Hearing #4 THOSE PEOPLE WISHING TO SPEAK AT THE PUBLIC HEARING TO CONSIDER AN ORDINANCE TO ESTABLISH AN ANNUAL TAX LEVY ON VARIOUS CLASSES OF PROPERTY FOR THE COUNTY OF CHESTERFIELD SHOULD PRINT THEIR NAME AND ADDRESS BELOW. SPEAKERS WILL BE CALLED IN ORDER. NAME George 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. PUBLIC HEARING #5 - THOSE PEOPLE WISHING TO SPEAK AT THE PUBLIC HEARING TO CONSIDER THE PROPOSED FY2005-2010 CAPITAL IMPRQVEMENT PROGRAM (CIP} SHOULD PRINT THEIR NAME AND ADDRESS BELOW. SPEAKERS WILL BE CALLED IN ORDER. ~ NAME . 1.~ge Bea~lle$ 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. PUBLIC HEARING #6 THOSE PEOPLE WISHING TO SPEAK AT THE PUBLIC HEARING TO CONSIDER THE COUNTY'S FY2005 PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME ANNUAL PLAN SHOULD PRINT THEIR NAME AND ADDRESS BELOW. SPEAKERS WILL BE CALLED IN ORDER. ~/1. Salathia Johnson, Va. Supportive Housing 788-6825 CXt, 205 HomeBuy 5 ..n qo u ~ 1~ t~J'~ve Shaffer. CARES Homeless Sheltet~ ' ..x~ 861-0865 (Dr, Olden) ~lex Pettierew. CARES Homele,s q'~ 861-0865 (Dr. Ol??n) Shelter - ~ ~ Mike Rosser Meals on Wheel~ ~ ~'lq o ~ I ~ · ,~ Ann Roeers 673-50~5 ~. Vince Burgess. Crop Baker ~qlr'q~ 358-1874 (Suzette Patter~oa) ~s. Ree H~. Jeff Davis Assoc. ''~ ~E 275-8003 ~ 7. ~~i~:~A~s~, 275-8003 ~. T. K. Somanath. Better Housing Coal. 6~-0546 ?x[, 19 ~etty Beverly. Chester House / _., ~x~ 383-3126 I ~ ~. George Beadles /Qig~: ~ 11. 12. 14. 15. 16. 17. 18. 19. 20. -:PUBLIC HEARING #7 THOSE PEOPLE WISHING TO SPEAK AT THE PUBLIC HEARING TO CONSIDER THE PROPOSED FY2005 BIENNIAL FINANCIAL PLAN SHOULD PRINT THEIR NAME AND ADDRESS BELOW. SPEAKERS WILL BE CALLED IN ORDER. NAME ~,~6 ADDRESS .[.,,l<'. Joan Lon~o. SheoherPs Cenl;er ~. Joyce Sanders/John Coombs. ResOurces f/or Indep. Living ~,~c~- ~7~' I)~n~b~ns' Resource~ for Iadep. I oa,~ Living 4. Dr. Thelma Bland-Watson. Senior Connections 706-9195 r,~l, 743-3798 (Barbar0 DeWi[t) 343 -3023 D,. Olsen - 86i-0565 · . c a er. , I ~hn Simpson· Swift Creek Spots Club ~ ~x ~ 334-9450 White. CASA ~Jeff Swanson. Midlo. Youth Soccer a0/z~ oq 744-1755 327-6354 (Tim Russell) C~t~hn Addison. Midlo. Youth Soccer ~i 327-6354 (Tim Russell) ~da ~11 Johnson, YWCA TI 5 .~ 643-6761 X 101 (Gerol0in~ Meeks) Tommy Baer. Council for America's~ egg.R 643-1786 (Shean Fkst F}eedom -- .~~k Sowers - meals tax orooosal / ~ %, % 794-6836 _ _ spons ~ena) udley D0nkom- meals t0x ./~ %~ ~%~ 3 ~ nnS ~ena) -~,,.~l-t °~l Ocj Duggan - meals tax / ~ ~q"l 2,z,.~ (~ns ~ena) ~B~ ..~ede Foerster. Senior Center ~ ~36 353-6256 Todd Acker. Senior Center o ~q cI t ,, lie Buker, Senior Center ~ o~'~ 353-6256 'TO CONSIDER THE PROPOSED FY200$ BIENNIAL FINANCIAL PLAN Page 2 NAME h.. Ed Ansello. Senior Center 2~.' ~,mm~iiatmr. Senior Cen~cr ~r. Senior , 23~~Duffer, Senior Cenl;cr .2C.~ohn Dugan. Richmond Kicker's Youth _Soccer League ~,~. Otis Patton. Waste Recover. F~es ,A 7_..5 , 2~pp Jeffers. School Board Budget ~~7. Bettv Hunter-Clarm. Qr¢cnwav~ ~_~onna Campbell. Commercial Urban L~~. Brerrester nda W_vnn. Green Infrastructpr¢ k~ q\~ /£ ~ 938-1893 30~Mike Pollack - Skateboard Park/Chester ~~h ' v Geranio~[~. Friends of thc Library Susan Stuller. Arts & Culutural F0nding ~onsonium ~Ted Athletic Ass0c, Balsamo. Davis svidence, Rems Coalition Stanton (education funding) ~s. Denise Noble. Greater Richmon0 SCAN ~ike Haiffield. Chesteffield Ouanerback ~lem Church Athletic Association K~en Jones (landfill decal~) ~w~ Jones (landfill decal~) ~~ Bureau) ~ ~ ~[ '~ '$~ I ~- ~ O - 794-5007 347-8230 763-4336 943-2762 (2 '~2-~ 379-1477 703-615-5263 739-6275 ~ 257-7226 ~q~X 275-5162 or 275-9329 796-1494 ~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~ Date: March 24,2004 Item Number: 6. Subiect: Work Session on County Administrator's Proposed FY2005/2006 Biennial Financial Plan County Administrator's Comments: County Administrator: Board Action Requested: Hold a work session on the County Administrator's Proposed FY2005/2006 Biennial Financial Plan. Summary of Information: This time has been set to continue work sessions on the County Administrator's Proposed FY2005/2006 Biennial Financial Plan. This is the final budget work session. On February 11th, staff presented FY2005 projected revenues and the Community Services Board budget. On February 25th, staff presented Human Services and the School Board presented its budget. On March 8th, staff provided budget presentations for Social Services, Police, the Constitutional Officers, and Fire and Emergency Medical Services. On March 10th, staff presented a review of the County Administrator's Proposed FY2005/2006 Expenditure Budget in addition to a presentation from Management Services. This work session will include presentations from the Community Development Division and the Community Development Block Grant Office. Preparer: Rebecca T. Dickson Title: Director, Budget and Manaqement Attachments: Ycs -]No ooooc,~ 000004 000005 000006 O0000S 000009 00003.0 0000:1.:1. 0000~.2 0000~.3 0000~4 E 0 o~1 0 0 o'3 >- II 0 >- LL 0 >" II u._ 0 O0 O0 0 O0 0 0 LO 0 LO 0 LO 0 LO 0 leoE) u{q:l, FW peNte{^e~ % O000 L6 OA p, oe~eQ % tO 0 LO 0 kO 0 tO 0 ~ ~ N N ,--- ,-- d d etunloA uo!loedsul 0000 ? O000.~$ 0000~.9 0O0020 oooo~Z 000022 000023 000024 000025 0000~6 0000;~? 000029 000030 00008:1. 0000~2 000083 0000~4 0000~6 0000~? 00003$ 0000,39 000040 000041 0000.~8 000044 :::~ ell 0 0 0(13 -0 0 --~m 0 ~ 000054 000055 I/ 0 Qo n,' o 000056 000057 0 000058 kl.! 000060 000061 000063 OOO064 ooo%s OOO066 000067 O~ 0 0 X~ 0 ~ 0 o=N ~ 0 ~zn 000068 '''i 0 N 000069 000070 0000~7~. 0 000072 · 000073 tl. 8 0 OOO0?4 0 o,,>_ ,,o°,I 0 0 0 0 0 0 0 0 OOO0?$ Ii {I 0 0 0 0 0 0 0 0 ~ 0 ~ ~ 0 0 0 0 0 0 0 OOO0?6 >-- 0 0 0 0 0 0 0 0 ~ 0 o c~ 0 0 000077 ~-. o LL.C) 0 0 ~ 0 0 OOO078 · · [] >- o 0 0 0 0 0 o 0 000079 0 0 OOO0$O 0 0 0 0 0 000081 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: March 24, 2004 Item Number: 7. Subject: Execute the Special Project Service Agreement First Addendum for Residential Recycling Services with the Central Virginia Waste Management Authority (CVWMA) to Extend the Contract with Tidewater Fibre Corporation for Residential Recycling Services for Chesterfield County Through June 30, 2009 County Administrator's Comments: //~c~4¢,~:~ /'~~~ County Administrator: Board Action Requested: Authorize the County Administrator to sign the Special Project Service Agreement First Addendum with the Central Virginia Waste Management Authority (CVWMA) to extend the contract with Tidewater Fibre Corporation for residential recycling services for Chesterfield County through June 30, 2009. Summary of Information: This item was deferred at the January 14, 2004 Board of Supervisors' meeting pending the determination that Tidewater Fibre Corporation was in compliance with all zoning conditions and requirements. At this time, Tidewater Fibre is in compliance with all conditions and requirements and has further agreed to twice per week litter collections along a section of Old Stage Road. They have also agreed to the installation of an additional eight (8) foot high sight barrier and windbreak and the replacement of dead plants and trees. The term of this addendum is the final allowable extension to the Special Project Service Agreement for residential curbside recycling. This Agreement shall be effective beginning on July 1, 2004 and ending on June 30, 2009. Preparer: Francis M. Pitaro Attachments: Yes ~-] No Title: Director of General Services CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: March 24, 2004 Budget and Mana.qement Comments: Funds are included in the Proposed FY2005 and FY2006 Waste and Resource Recovery base budget and in projected years FY2007-FY2009 to cover the cost of the residential recycling contract. Preparer: Rebecca T. Dickson Title: Director, Budget and Manaqement SPECIAL PROJECT SERVICE AGREEMENT FIRST ADDENDUM FOR RESIDENTIAL RECYCLING SERVICES WHEREAS, the Central Virginia Waste Management Authority (hereinafter "CVWMA") and Tidewater Fibre Corporation (hereinafter "Contractor") executed a Residential Recycling Services Contract on November 6, 1998 (the "Contract"), and WHEREAS, Section 2 (Terms of the Contract) provides for a five (5) year extension of the Contract based on mutual consent of the CVWMA and the Contractor, and WHEREAS, the Central Virginia Waste Management Authority executed a Special Project Service Agreement (hereinafter "Agreement") with certain participating Local Jurisdictions listed below for the collection, transportation and recycling of residential waste, and WHEREAS, the CVWMA and the Contractor mutually consented to extend the term of the Contract for a new five-year period commencing on or about July 1,2004 and ending June 30, 2009. NOW THEREFORE, in consideration of the forgoing recitals and the mutual covenants hereinafter provided: BE IT RESOLVED that this addendum to the Agreement is made by and between CVWMA, its successors and assigns, having its principal place of business at 2100 West Laburnum Avenue, Suite 105, Richmond, Virginia 23227, and (if executed on the appropriate page 4 - End -Signature page of this Addenda) TOWN OF ASHLAND (ASH), COUNTY OF. CHESTERFIELD (CHE), COUNTY OF GOOCHLAND (GCH), COUNTY OF HENRICO (HEN), CITY OF COLONIAL HEIGHTS (COL), CITY OF RICHMOND (RIC) (Hereinafter designated, collectively, "Participating Local Jurisdictions") BE IT FURTHER RESOLVED, that the CVWMA and the Participating Local Jurisdictions amend the Agreement as follows: ' 1. ARTICI,E ! - PURPOSE, the Section of the Agreement is deleted and substituted in its place is the following: A. The parties have entered into this Agreement pursuant to the authority of the Virginia Water and Waste Authorities Act (Tile 15.2, Chapter 51 of the Code of Virginia, 1950 as amended), and the Articles of Incorporation of the CVWMA. Its purpose is to establish a special project for Residential Recycling Service within the Participating Local Jurisdictions as authorized by Section 11 of the Articles. B. The parties agree that the CVWMA will implement Residential Recycling Services in accordance with the Residential Recycling Service Contract and Addenda (hereinafter "Service Contract") between Tidewater Fibre Corporation, Inc. (hereinafter "Contractor") and the CVWMA, fully executed on November 24, 2003, and effective July 1, 2004. 0 0 0 0"~ 4 SPECIAL PROJECT SERVICE AGREEMENT FOR RESIDENTIAL RECYCLING SERVICES Page 1 C. The CVWMA and Participating Local Jurisdictions agree to participate in the Special Project according to the terms and conditions of this Agreement and the terms of the Contract and its addenda to provide residential recycling services. 2. ARTICI,E III - TERM OF AGREEMENT, this Section of the Agreement is deleted and substituted in its place is the following: This Agreement shall be effective and run concurrently with the Service Contract for a term of five (5) years beginning on July 1, 2004 and ending on June 30, 2009. 3. ARTICI,E VI - PI)BIJIC AWARENESS AND EDUCATION PROGRAM, this Section of the Agreement is amended to add the following: F. Public education regarding curbside recycling remains a key component of this and any successful regional program. The CVWMA will invite a representative from each participating local jurisdiction to work in concert with the CVWMA staff to develop an educational program that promotes the regional benefits of the curbside recycling program while emphasizing the unique issues of each participating jurisdiction. The curbside recycling educational committee will meet quarterly to coordinate upcoming campaigns and establish priorities that address specific community needs. 4. ARTICLE VIII - SERVICE FEES PARAGRAPH A.: this Section of the Agreement is deleted and substituted in its place is the following: ARTICLE VIII - SERVICE FEES A. The participating Local Jurisdictions shall pay CVWMA for services provided pursuant to this Agreement as summarized below. The Local Jurisdictions agree to pay any service fee adjustments approved by the CVWMA, which are required under the Service Contract implementing this Agreement, or contained in the Agreement, which are applied to all Participating Local Jurisdictions. Each Participating Local Jurisdiction agrees to pay any service fee adjustments approved by the CVWMA that result in service implemented in each individual Participating Local Jurisdiction. Service Fee 18-gallon Recycling Container and Delivery Fee, infill and areas less than 300 dwelling units 18-gallon Recycling Container and Delivery Fee, areas of 300 or more new Dwelling units CVWMA Public Education Assessment CVWMA Customer Service Assessment Bi-Weekly Service $1.276 $ 9.00 $ 8.00 $ 0.075 per Dwelling Unit per month $ 0.06 per Dwelling Unit ter month Weekly Service $ 2.012 $ 9.00 $ 8.00 $ 0.075 per Dwelling Unit per month $ 0.06 per Dwelling Unit >er month 0000 5 SPECIAL PROJECT SERVICE AGREEMENT FOR RESIDENTIAL RECYCLING SERVICES Page 2 Adjustments to all Fees and Assessment shall be made annually on July 1 of each year, beginning on July 1, 2004, based on the increase in the CPI-U for the previous twelve months ending March 31st immediately preceding the anniversary of the Service Contract's effeCtive date. Annual increases shall not exceed five (5) percent of the previous year's service fees and assessments. OOO056 SPECIAL PROJECT SERVICE AGREEMENT FOR RESIDENTIAL RECYCLING SERVICES Page 3 IN WITNESS WHEREOF, the CVWMA and the Participating Local Jurisdictions have caused this Agreement to be executed. APPROVED AS TO FORM: McCandlish Holton, P.C. Date: CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY APPROVED AS TO FORM: COUNTY OF CHESTERFIELD Steven L. Micas County Attomey By: Lane B. Ramsey County Administrator Date: 00008? SPECIAL PROJECT SERVICE AGREEMENT FOR RESIDENTIAL RECYCLING SERVICES 4 - CHE - Signature - End TFC RECYCLING RECYCLING AND MANAGING AMERICA' S WASTE February l3,2004 Mr. Howard Heltman, Assistant Manager Division of Waste and Resource Recovery County of Chesterfield Department of General Services P.O. Box 290 CheSterfield, Virginia 23832 Dear Mr. Heltman: As a follow up to our meeting on February 3, 2004 and at the requeSt of County stafl~ TideWater Fibre Corp. (TFC) welcomes the opportunity to outline, ongoing initiatives related to the cleanliness of our processing facility along Old Stage Road.'TFC'is keenly aware of the need for goodcorporate relations with the county and with our neighbors. Curremly TFC dispatches a three to four person cleanup crew, twice a week south on Old Stage R-°ad to the railroad crossing and north.to Coyote road. The crew is responsHle, for cleaning up all litter and disposing of it properly. Dm-ing the two. and one half years of the facilities exiStence feedback l~om the County has been minimal; However, if daily inspections and/or feedback ~om our neighbors determine that our efforts are not entirely. effective, additional steps will be taken to address the situation at that time. It is our understanding that a concern has been voiced regarding the appearance of our facility'S property (bordering Old Stage Road) and the processing facility itself. We have inspected the outlying roadside property, ashas Ms. Annette poSey, a Chesterfield County Compliance Officer, On February 4, 2004. It was found that some of the sombs had died rendering certain sections ofthe roadside not in full compliance. We are expecting a letter l~om the Code Compliance Officer and outlining the issues and once received, TFC will respond immediately. Regarding our facility's processing .area, please be assured that al! processing continues, and will continue to take place within the confines of the building. We have recently installed a substantial windbreak next to the unloading area~ This break is in the form Corporate Office 1958 Diamond Hill Road Chesapeake. VA 23324 757 543-5766 Fax 757-543-9532 5602 Che~nutAvenue Newport News, VA 23605 757 247-5766 Fax 757.247-9532 1017 S, Hoover Road. Durham, NC 27703 919 957-8803 Fax 919-957-0704 12206 Old Stage Road Chester, VA 23836 804706-5877 Fax 804-706-1666 000088 TFC RECYCLING RECYCLING AND MANAGING : ~MERICA S WASTE Mr. Howard HeRman February 14,2004 Page 2 of concrete-key blocks forming a break eight feet in height and sixty feet long. It also acts as a sight barrier to anyone looking through the entrance ~om Old: Stage Road. Finally a suggestion was brought forth during our discussions concerning the possibility of extending the chain link netting, to the gated opening into the facility. This suggestion is being evaluated as to its effectivenesg .... Again, we f3ank you for this opportunity to discuss these issues. We reco~mai~,e that the nature of our business dictates a higher than normal'sensitivity to our.neighbors~ and County concerns. We will continue to respond to any and all concerns or 'complaints in an expeditious manner. - Sincerely, Vice President Operations Bill Felms General .Manager Cc: Mr. Thomas Jacobson, Director of Planning, Chesterfield County . Mr. John Mitchell, Executive Director, CVWMA Mr. Michael Benedetto, Vice President, TFC Corporate Office 1958 Diamond Hill Road Chesapeake, VA 23324 757 543-5766 Fax 757-543-9532 5602 Chestnut Avenue Newport News, VA 23605 757 247-5766 Fax 757-247-9532 1017 S. Hom'er Road Durham, NC 27703 919 957-8803 Fax 91%957-0704 12206 Old Stage Road Che~e~ VA 23836 804 706-5877 Fax 804-706-1666 0000 9 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 3 Meetin~l Date: March 24, 2004 Item Number: 8.A. Subject: Acceptance of a Bid to Purchase Chesterfield County Certificates of Participation, Series 2004A and Series 2004B Related to Financing for Various Capital Improvement Projects County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to accept and approve a bid to purchase (adjusted as permissible in accordance with the terms of the preliminary official statement) $14,900,000 principal amount of Certificates of Participation, Series 2004A, and $6,940,000 principal amount of Certificates of Participation, Series 2004B in connection with Certificates of Participation financing for a portion of the cost of the acquisition, construction, installation, furnishing and equipping of a new County Jail, a new Community Development Building, the Chester House Rehabilitative Facility, an Airport Hangar Project at the Chesterfield County Airport, and an Emergency Systems Integration Project. The responsible bidder, whose proposal must represent the lowest true interest cost to the County, and whose proposal must be in accordance with the Detailed Notice of Sale, as well as the principal amount of certificates sold will be identified on March 24th after the bids are received. Summary of Information: On December 17, 2003 the Board approved a resolution which authorized the Preparer: Rebecca T. Dickson Attachments: ~ Yes Title: Director, Budget and Management No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 Meetin l Date: March 24, 2004 issuance of Certificates of Participation for the County Jail Replacement, the Community Development Building, the Emergency Systems Integration Project, the Financial/Human Resource System, Chester House Rehabilitative Facility and Airport Hangar Space at the Chesterfield County Airport. After analyzing current available funds and cash flow projections, staff has determined that the sale of Certificates of Participation for the Financial/Human Resource System is not required at this time. This project will continue to proceed with available lease/purchase proceeds and other funding sources. As a result, the issuance of Certificates of Participation is scheduled for March 24,2004 to finance a portion of the costs for the County Jail Replacement, the Community Development Building, the Emergency Systems Integration Project, the Chester House Rehabilitative Facility, and Airport Hangar Space at the Chesterfield County Airport. On March 12, 2004 the Board held a public hearing to consider the approval of a ground lease of real property, which encompasses the Community Development Building site at the Chesterfield County Government Complex, the Chester House Rehabilitative Facility site at 11814 Chester Road, and Airport Hangar Space at the Chesterfield County Airport. Section 15.2-1800 of the Code of Virginia, 1950, requires that a public hearing be held prior to the leasing of real property owned by the County. With respect to the County Jail site at the Chesterfield County Government Complex, a ground lease for this site was executed as part of Certificates of Participation financing in 2003. Additional certificates will be issued under this existing ground lease; therefore no public hearing was required for this project. Additionally, on March 12, 2004 the Board adopted a resolution which authorized entering into a Ground Lease (with SunTrust Leasing as Lessee), and authorized entering into a Lease/Purchase Agreement, a Trust Agreement, and other related agreements (subject to approval by the County Attorney and Bond Counsel) related to the planned Certificates of Participation financing. Finally, on March 12, 2004 the Board appropriated up to $2,500,000 in anticipated proceeds to pay the costs of acquisition, construction, installation, furnishing and equipping of the Chester House Rehabilitative Facility and Hangar Space at the Chesterfield County Airport. Funds for the County Jail Replacement Project, the Community Development Building, and the Emergency Systems Integration Project have been appropriated. O000 l CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Meeting Date: March 24, 2004 As a result, $14,900,000 principal amount of Certificates of Participation, Series 2004A, and $6,940,000 principal amount of Certificates of Participation, Series 2004B (adjusted as permissible in accordance with the terms of the preliminary official statement) will be sold on March 24, 2004 to finance a portion of the cost of the acquisition, construction, installation, furnishing and equipping of a new County Jail, a new Community Development Building, the Chester House Rehabilitative Facility, an Airport Hangar Project at the Chesterfield County Airport, and an Emergency Systems Integration Project. 00009Z CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 3 Meetin~l Date: March 24, 2004 Item Number: 8.~. Subiect: Streetlight Installation Cost Approvals County Administrator's Comments: County Administrator: Board Action Requested: This item requests Board approval of new streetlight installations in the Bermuda and Dale Districts. Summary of Information: Streetlight requests from individual citizens or civic groups are received in the Department of Environmental Engineering. Staff requests cost quotations from Dominion Virginia Power for each request received. When the quotations are received, staff re-examines each request and presents them at the next available regular meeting of the Board of Supervisors for consideration. Staff provides the Board with an evaluation of each request based on the following criteria: 1. Streetlights should be located at intersections; o There should be a minimum average of 600 vehicles per day (VPD) passing the requested location if it is an intersection, or 400 VPD if the requested location is not an intersection; CONTINUED NEXT PAGE Preparer: Richard M. McElfish Attachments: Yes Title: Director, Environmental Engineering No # 000093 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 Summary of Information: (Continued) o Petitions are required and should include 75% of residents within 200 feet of the requested location and if at an intersection, a majority of those residents immediately adjacent to the intersection. Cost quotations from Dominion Virginia Power are valid for a period of 60 days. The Board, upon presentation of the cost quotation may approve, defer, or deny the expenditure of funds from available District Improvement Funds for the streetlight installation. If the expenditure is approved, staff authorizes Dominion Virginia Power to install the streetlight. A denial of a project will result in its cancellation and the District Improvement Fund will be charged the design cost shown; staff will notify the requestor of the denial. Projects cannot be deferred for more than 30 days due to quotation expiration. Quotation expiration has the same effect as a denial. BERMUDA DISTRICTs Branders Bridge Road, Vicinity of 12700 Cost to install streetlight: $123.48 (Design Costs $93.93) Does not meet minimum criterion for intersection In the Wellington Farms subdivision Intersection of Wellington Cross Way and Wellington Farms Drive Cost to install streetlight: $1,286.20 (Design Costs $187.86) Does not meet minimum criterion for vehicles per day In the Chester Run subdivision Intersection of Lilking Drive and Stebbins Street Cost to install streetlight: $1,627.24 (Design Cost: $187.96) Does not m~et minimum criterion for vehicles Der day CONTINUED NEXT PAGE 000094 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Summary of Information: (Continued) DALE DISTRICT: In the Hollymeade subdivision Intersection of Lockberry Ridge Court and Lockberry Ridge Loop Cost to install streetlight: $1,084.65 (Design Cost: $187.96) Does not meet minimum criterion for vehicles per day For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. 0000~5 STREETLIGHT REQUEST Bermuda District Request Received: January 7, 2004 Estimate Requested: January 7, 2004 Estimate Received: March 4, 2004 Days Estimate Outstanding: 57 NAME OF REQUESTOR: Mrs. Nora W. Nealy ADDRESS: 12700 Branders Bridge Road Chester, VA 23831 REQUESTED LOCATION: Branders Bridge Road, vicinity of 12700 Cost to install streetlight: $123.48 POLICY CRITERIA: Intersection: Vehicles Per Day: Petition: Not Qualified, location is not an intersection Qualified Qualified Requestor or Staff Comments: Requestor states: "Branders Bridge Road is a heavily traveled road. This is not a subdivision where extra lights are provided. Often people walk or ride bicycles along this area. Our house is set back off the highway and the streetlight would provide security to our home and yard. For safety factors a streetlight is needed at this location. Thank you for your consideration of this request." 00003,8 Street Light Request Map March 24, 2004 This map is a copyrighted product of the Chesterfield County GIS Office. Street Light Legend ~ existing light · requested light 1,000 5OO N This map shows citizen requested streetlight installations in relation to existing streetlights. Existing streetlight information was obtained from the Chesterfield County Environmental Engineering Department. 1,000 Feet 00003? STREETLIGHT REQUEST Bermuda District Request Received: January 6, 2004 Estimate Received: March 4, 2004 Estimate Requested: January 7, 2004 Days Estimate Outstanding: 57 NAME OF REQUESTOR: ADDRESS: Mr. Terry B. Cole Wellington Farms Homeowners Assoc. P. O. Box 3974 Chester, VA 23831 REQUESTED LOCATION: Intersection of Wellington Cross Way and Wellington Farms Drive Cost to install streetlight: $1,286.20 POLICY CRITERIA: Intersection: Vehicles Per Day: Petition: Qualified Not Qualified, less than 600 vehicles per day Qualified Requestor or Staff Comments: Requestor states: "We would like to request colonial light fixtures on black fiberglass poles to match existing ones installed in earlier years. Lights are requested to: 1) Assist emergency vehicles to locate homes, 2) Provide safe school bus stops for children, 3) Provide safety for pedestrians, and 4) Deter crime." Street Light Request Map March 24, 2004 This map is a copyrighted product of the Chesterfield County GIS Office. Street Light Legend ~ existing light · requested light N This map shows citizen requested streetlight installations in relation to existing streetlights. Existing streetlight information was obtained from the Chesterfield County Environmental Engineering Department. 86O 430 860 Feet 000039 STREETLIGHT REQUEST Bermuda District Request Received: January 16,2002 Estimate Requested: January 16, 2002 Estimate Received: March 4, 2004 Days Estimate Outstanding: 778 NAME OF REQUESTOR: ADDRESS: Mrs. Sandra Brasili 4319 Stebbins Street Chester, VA 23831 REQUESTED LOCATION: Intersection of Stebbins Street and Lilking Drive Cost to install streetlight: $1,627.24 POLICY CRITERIA: Intersection: Vehicles Per Day: Petition: Qualified Not Qualified, less than 400 Vehicles per Day Qualified Requestor or Staff Comments: Requestor states: "Requested light is for Chester Run subdivision. While the older adjoining neighborhood and street (Percival) are sparsely lighted, Chester Run is pitch black by comparison and an accident waiting to happen. If you were walking or driving after dusk you would hesitate coming onto Stebbins Street because it is so poorly lit. Thank you fro your time and consideration." 000 00 Street Light Request Map March 24, 2004 / ? / This map is a copyrighted product of the Chesterfield County GiS Office. Street Light Legend ~ existing light · requested light N This map shows citizen requested streetlight installations in relation to existing streetlights. Existing streetlight information was obtained from the Chesterfield County Environmental Engineering Department. 425 212.5 425 Feet O00.!.O,1, STREETLIGHT REQUEST Dale District Request Received: October 6, 2003 Estimate Received: March 5, 2004 NAME OF REQUESTOR: Ms. Tabitha Palmer Estimate Requested: October 7, 2003 Days Estimate Outstanding: 150 ADDRESS: 9736 Lockberry Ridge Loop Richmond, VA 23237 REQUESTED LOCATION: Lockberry Ridge Court and Lockberry Ridge Loop Cost to install streetlight: $1,084.65 POLICY CRITERIA: Intersection: Vehicles Per Day: Petition: Qualified Not Qualified, less than 600 Vehicles per Day Qualified Requestor or Staff Comments: Requestor states: "Upon speaking with residents there is a concern for the large amount of darkness in the area. Residents believe adding additional lighting may decrease the risk of crime and increase the value of persons looking to join Chesterfield's community. There are a number of small children in the area and as dusk settles in it becomes a necessity to add extra lighting to visualize these children. Thank you for your attention in this matter." The requestor later contacted staff and asked that the statement" "At least four cars have been broken into since January 1,2004," be added to this request. 000 02 Street Light Request Map March 24, 2004 3ARA KAY iR LO_CKB~E~ This map is a copyrighted product of the Chesterfield County GIS Office. Street Light Legend ~ existing light · requested light N This map shows citizen requested streetlight installations in relation to existing streetlights. Existing streetlight information was obtained from the Chesterfield County Environmental Engineering Department. 480 240 480 Feet 000103 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: March 24, 2004 Item Number: 8.~,.1.a. Subiect: Recognition of Captain Danny R. Jenkins Upon His Retirement, After Serving the County for Nearly 28 Years with Dedicated Service to the County County Administrator's Comments: County Administrator: Board Action Requested: Adoption of resolution. Summary of Information: Staff is requesting that the Board of Supervisors recognize Captain Jenkins for his 28 years of service to Chesterfield County and its citizens. Preparer: Frank H. Edwards, Jr. Attachments: Yes ~ No Title: 2® Deputy Fire Chief RECOGNIZING CAPTAIN DANNY R. JENKINS UPON HIS RETIREMENT WHEREAS, Captain Danny R. Jenkins will retire from the Fire and Emergency Medical Services Department, Chesterfield County, on April 1, 2004; and WHEREAS, Captain Jenkins started his career with the Chesterfield Fire Department in 1976 in Recruit School #6, and has faithfully served Chesterfield County for 27 years as a firefighter and officer at fire stations 1,2,9 and 8; and WHEREAS, Firefighter Jenkins was promoted to the rank of sergeant on July 16, 1978; and WHEREAS, Sergeant Jenkins was promoted to the rank of lieutenant on September 16, 1987 and his position was later reclassified to captain; and WHEREAS, Captain Jenkins served as ~B" shift administrative officer from 1999 to 2000; and WHEREAS, Captain Jenkins received an EMS Award on October 6, 1990 for a patient in cardiac arrest that was successfully resuscitated and later released from the hospital; and WHEREAS, Captain Jenkins received Chesterfield Fire and EMS Outstanding Career Officer award for 2001; and WHEREAS, Captain Jenkins served his last three years as a valued and well respected station captain at the Matoaca Fire and Emergency Medical Services Station. NOW, THEREFORE IT BE RESOLVED, that the Chesterfield County Board of Supervisors recognizes the contributions of Captain Danny R. Jenkins, expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service and congratulations upon his retirement. 0O0105 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: March 24, 2004 Item Number: 8.C,,1.b. Subiect: Adoption of Resolution Supporting Rail Access Funds for Bellwood Investment, LLC' s Expansion Count,/Administrator's Comments: //-~-~,~x.,~w_~.,~ //~~ County Administrator: C~~ Board Action Requested: Staff recommends adopting the attached resolution in support of Bellwood Investment, LLC receiving state industrial rail access funds for the relocation and expansion of Goodwyn Lumber operations at 2510 Bellwood Road. Summary of Information: Bellwood Investment, LLC has purchased two buildings, which total approximately 138,500 square feet. The 24-acre property is located at 2510 Bellwood Road. Goodwyn Lumber, will be relocating and expanding their facility at this location and in order to do so will require railroad access. Investment by the company is estimated to be approximately $4.5 million. In order to obtain state Industrial Rail Access Funds, the governing body for the locality where the investment is being made must pass a resolution supporting the fund's use. The attached resolution is in support of the company obtaining Industrial Rail Access Funds from the Commonwealth of Virginia, and fulfills that obligation. Preparer: James G. Dunn Attachments: Yes ~-~ No Title: Director, Economic Development 000::I.0(; RESOLUTION SUPPORTING BELLWOOD INVESTMENT, LLC IN THEIR REQUEST FOR INDUSTRIAL RAIL ACCESS FUNDS WHEREAS, Bellwood Investment, LLC, has expressed its intent and desire to the Chesterfield County Board of Supervisors to expand Goodwyn Lumber's industrial operations in the County; and WHEREAS, Goodwyn Lumber and its operations will require rail access; and whereas, the officials of Bellwood Investment, LLC have reported to the County their intent to apply for Industrial Access Railroad Track funds from the Commonwealth of Virginia's Department of Rail and Public Transportation in an amount not to exceed $300,000; and WHEREAS, Bellwood Investment, LLC has requested that the Chesterfield County Board of Supervisors provide a resolution concerning support for its application for rail funds which are administered by the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County hereby endorses and supports the application of Bellwood Investment, LLC in an amount not to exceed $300,000 in Industrial Access Railroad Track Funds; and BE IT FURTHER RESOLVED that the Chesterfield County Board of Supervisors hereby makes known its desire and intent to assist the Commonwealth Transportation Board in providing the maximum financial assistance to Bellwood Investment, LLC, for the purpose of locating Goodwyn Lumber's industrial facility in Chesterfield County. 000107 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: March 24, 2004 Item Number: 8.C.1.c. Subiect: Resolution Recognizing Joseph Aprile for His Dedicated Service to Salem Woods C ommun i ty County Administrator's Comments: County Administrator: Board Action Requested: Mr. Miller requested that the following resolution be adopted. Summary of Information: This resolution recognizes Joseph Aprile for his long and dedicated service to the Salem Woods community, as well as for his good citizenship and concern for others. Preparer: Donald J. Kappel Title: Director, Public Affairs Attachments: Yes ~-~ No 000108 RECOGNIZING MR. JOSEPH APRILE FOR HIS OUTSTANDING CITIZENSHIP AND DEDICATION TO THE SALEM WOODS COMPK3NITY WHEREAS, Chesterfield County is widely recognized as being a wonderful place to live, work and raise a family; and WHEREAS; one of the primary reasons why Chesterfield County is so highly regarded is that its residents care about their communities and about each other; and WHEREAS, Mr. Joseph Aprile is a longtime resident of the Salem Woods subdivision; and WHEREAS, Mr. Aprile has been an active and influential member of the Salem Woods Homeowners' Association for 15 years; and WHEREAS, Mr. Aprile has served that organization as President, Vice- President and Chairman of Finance; and WHEREAS, Mr. Aprile is also known in the Salem Woods community as "Christmas Joe" for his elaborate holiday lighting displays, which brought enjoyment to so many; and WHEREAS, Mr. Aprile is also a dedicated civil servant who will conclude 30 years with the United States Postal Service when he retires on April 2, 2004; and WHEREAS, Mr. Aprile is a good neighbor who has always tried to help his fellow county residents in any way that he could; and WHEREAS, it is appropriate to recognize such good citizenship and concern for others. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes Mr. Joseph Aprile and extends appreciation for his long and dedicated service to the Salem Woods community and to the county, wishes him congratulations on the occasion of his retirement, and sincere best wishes for a long and happy retirement. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: March 24, 2004 Item Number: 8.C.1.d. Subject: Resolution Recognizing Flat Stanley for Educating Students Through Children's Literature County Administrator's Comments: County Administrator: Board Action Requested: Mr. Barber requested that the following resolution be adopted. Summary of Information: This resolution recognizes the contributions of Flat Stanley. Preparer: Donald J. Kappel Title: Director1 Public Affairs Attachments: Ycs -~No 000~_~.0 RECOGNIZING FLAT STANLEY FOR EDUCATING STUDENTS THROUGH CHILDREN'S LITERATURE WHEREAS, the ability to read is one of the must fundamental and important skills a person can acquire; and WHEREAS, many children's books have become famous for their ability to entice children to want to learn to read; and WHEREAS, Mr. Jeff Brown wrote a book called Flat Stanley, which has become a tremendous success over the past several years; and WHEREAS, Stanley is a young boy who was flattened when a bulletin board fell on him; and WHEREAS, although unhurt, Stanley has remained flat, and is thus able to travel around the world through the mail; and WHEREAS, Stanley's visits to many foreign and exotic places have prompted elementary school classes to start their own ~Flat Stanley" projects; and WHEREAS, Flat Stanley has been helping children all over the United States, and the world, learn about geography, other cultures and much more; and WHEREAS, there are now hundreds, or maybe thousands, of ~Flat Stanleys" traveling around the world, helping children to learn and imbuing them with a love of reading. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield Board of Supervisors hereby extends its appreciation to Mr. Jeff Brown for his Flat Stanley character, and for the many exciting adventures Flat Stanley has had, all of which have enriched the field of children's literature, and the lives of young readers everywhere. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: March 24, 2004 Item Number: 8.~..2. Subiect: State Road Acceptance County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Matoaca: Beckenham, Section E Hampton Park, Section 16 Hampton Park, Section 17 Second Branch, Section 3 Midlothian: Bon Air Ridge Preparer: Richard M. McElfish Title: Director, Environmental Engineering Attachments: Yes --~No TO: Board of Supervisors FROM: Department of Environmental Engineering SUBJECT: State Road Acceptance - BECKENHAM, SEC. E DISTRICT: MATOACA MEETING DATE: 24 March 2004 ROADS FOR CONSIDERATION: APPLETREE CT APPLETREE DR BENMORE CT BENMORE RD Vicinity Map: BECKENHAM, SEC. E Produced By Chesterfield County GIS 000~.~3 TO: Board of Supervisors FROM: Department of Environmental Engineering SUBJECT: State Road Acceptance- HAMPTON PARK, SEC 16 DISTRICT: MATOACA MEETING DATE: 24 March 2004 ROADS FOR CONSIDERATION: HAMPTON VALLEY CT HAMPTON VALLEY DR HAMPTON VALLEY PL Vicinity Map: HAMPTON PARK, SEC 16 TON Z n,' I- Produced By Chesterfield County GIS 00 0 ~L.'~, ~ TO: Board of Supervisors FROM: Department of Environmental Engineering SUBJECT: State Road Acceptance - HAMPTON PARK, SEC 17 DISTRICT: MATOACA MEETING DATE: 24 March 2004 ROADS FOR CONSIDERATION: HAMPTON VALLEY DR HAMPTON VALLEY TER Vicinity Map: HAMPTON PARK, SEC 17 Z Produced By Chesterfield County GIS 000:1.~5 TO: Board of Supervisors FROM: Department of Environmental Engineering SUBJECT: State Road Acceptance - SECOND BRANCH, SEC. 3 DISTRICT: MATOACA MEETING DATE: 24 March 2004 ROADS FOR CONSIDERATION: BALTA RD BALTA TER BALTA TURN Vicinity Map: SECOND BRANCH, SEC. 3 Produced By Cheste~eld County GIS TO: Board of Supervisors FROM: Department of Environmental Engineering SUBJECT: State Road Acceptance- BON AIR RIDGE, SEC 1 DISTRICT: MIDLOTHIAN MEETING DATE: 24 March 2004 ROADS FOR CONSIDERATION: PULLIAM ST ROCKCREST CT Vicinity Map: BON AIR RIDGE, SEC 1 Produced By Chesterfield County GIS CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: March 24, 2004 Subiect: Street-Name Change County Administrator's Comments: County Administrator: Item Number: Board Action Requested: The Board of Supervisors is requested to approve renaming West Hensley Road, North Hensley Road, and a portion of existing Hensley Road to Springford Parkway and renaming the remainder of existing Hensley Road beginning at Beach Road east to its intersection with proposed Springford Parkway to West Hensley Road. Summary of Information: During development of Summerford Subdivision, Hensley Road was projected to maintain its existing route from its intersection with Spring Run Road, west 9000 feet, and then northwest through the woods and Summerford Subdivision to Winterpock Road. As area development plans materialized, it was determined through the land-use transportation plan that the road on the eastern property line of Spring Run Elementary School would be extended down and tie into Hensley Road and the collector road would run from the elementary school to Winterpock Road. Hensley Road to the east would be a cul-de-sac, and Hensley Road to the west would "T" into this new collector road. To inform the citizens of the impending name changes, two meetings were held at the Bethia United Methodist Church on August 3, 2000 and January 22, 2004. Several competing recommendations were made for renaming the new, through road (Attachment A). District: Matoaca Preparer: Richard M. McEIfish Title: Director, Environmental Engineering Attachments: Yes CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 After reviewing all recommendations, future impacts on citizens traveling this area, and in keeping with the rural, bucolic setting of the area, staff recommends that the proposed through road be renamed Springford Parkway. Staff Recommendations: Staff recommends that the Board of Supervisors approve renaming the east/west collector road beginning at Winterpock Road at the Summerford Subdivision through to its intersection with Spring Run Road adjacent to Spring Run Elementary School to Springford Parkway and Hensley Road from its intersection with Beach Road east to its intersection with Springford Parkway to West Hensley Road (Attachment B). 000:~9 Parcel Map of Chesterfield County Chestedield Counly assumes no legal responsibilib, for fl~e mtbm~ion conlain~d on ~his ~p, This I~p iS llOt i0 ~ uged for land co,yes, ncc Thc horizontal dala ~s based on the VA Stale Plane Coordinate system, NAD 1983. 'it~e topographic intbrmation is based on 1989 photogranunew,/and NAVD29. Feet N ), Attachment A 39 homes stay the same / 2 homes name 20 homes to W Hensley Rd, i Printed b.,,r I':n,~. I, ng. Il;dr: Frl l;rb 20 13:[}0:50 2004 Copyrighl 2,004. Cht~terfl,eid Coultt.,, Parcel Map of Chesterfield County Chestedle[d County assumes no legal responsibilib, for the inlbnnation contained on this map. This ~mp is not to be used for land convcs-,mce_ Attachment B Thc hortzon~ data is based on lhc VA State Plane Coordinate system, NAD 1983, The lopograph/c information is based on 1989 photogn~mmctD' and NAVD29. 10[E(10 Feet Scale: ~ N Springford Pkwy Hensley Rd Prt~te,l I}.~; En~, Eng. Date: Men Mar 88 1 $:48:1, I ZO04 000121 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: March 24, 2004 Item Number: 8.1~.4. Subject: Approval of a Lease of the Greenfield Community Association Community Building to Operate a Teen Center County Administrator's Comments: J/~--4:,'-,'~'mu~'lLdJ ~~~ County Administrator: BoardAction Requested: Authorize the County Administrator to enter into a lease agreement with the Greenfield Community Association for the use of the Greenfield Community Association Building from July 5, 2004 to August 6, 2004. Summary of Information: Since 1996 the County has operated a teen center at the Greenfield Community Association Building. The Greenfield Teen Advisory Committee, which includes parents and teenagers from the Greenfield area have requested that programs be held at this site. A $2,000 fee will be charged for use of the facility. Funds are available in the Parks and Recreation Department budget. These programs positively impact the teen population in the area. Approval is recommended District: Midlothian Preparer: John W. Harmon Title: Right of Way Manager Attachments: Ycs ]No VICINITY SKETC'H APPROVAL OF A LEASE OF THE GREENFIELD COMMUNITY ASSOCIATION COMMUNITY BUILDING TO OPERATE A TEEN CENTER N O00~.Z3 '1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~ Date: March 24, 2004 Item Number: 8.¢o5.a. Subject: Acceptance of a Parcel of Land Along the North Center Line of River Road from the Trustees of Matoaca Christian Fellowship County Administrator's Comments: County Administrator: Board Action Requested: Accept the conveyance of a parcel of land containing 0.657 acres along the north center line of River Road (State Route 36) from the Trustees of Matoaca Christian Fellowship, and authorize the County Administrator to execute the deed. Summary of Information: It is the policy of the county to acquire right of way whenever possible through development to meet the ultimate road width as shown on the County Thoroughfare Plan. The dedication of this parcel conforms to that plan, and will decrease the right of way costs for road improvements when constructed. District: Matoaca Preparer: John W. Harmon Title: Right of Way Manager Attachments: Ycs --]No VICINITY SKETCH ACCEPTANCE OF A PARCEL OF LAND ALONG THE NORTH CENTER LINE OF RIVER ROAD FROM THE TRUSTEES OF MATOACA CHRIST~ FELLOWSI-m> N NAD 8,3 EXISTING 15'--~ . WATERLINE EASEMENT __ EDWARD H. AND WEEDY S. UCCULLOUGH DB 1647 PG 58 DB 2991 PG 52 GPIN 772-611-8746-00000 N5609760.5928 7612 RN£R ROAD E1 393.91' DELTA-3.12'05" R=2775.11' L=155.05' T=77.55' 'CH BRG=N8~19'56"E CH=155.05' DELTA-3' 14'56" R=2820.11' L=159.92' T=79.98' CH BRG=S89'18'37'W. CH= 159.89' MATOACA CHRISTIAN FELLOWSHIP DB 3100 PG 512 GPIN 772-609-6892-00000 7700 RIVER ROAD ULTIMATE P~LALONG N5609766.5495 C/L ROAD El1772584.2155~ 280.90' SHIRLEY HOFFMAN ; DB ,3982 PG 701 (;PIN 771-610-g711-00000 7720 RIVER ROAD DEDICATED TO CHESTERFIELD COUNTY LOCATED IN THE MATOACA DISTRICT OF SCALE 1" JN 5459ROW CHESTERFIELD COUNTY, VIRGINIA COUNTY SITE PI.AN NO. 05PR0541 UTILmES PROJECT NO. 05-0174 lOO 75 50 25 O 100 GRAPHIC SCALE 1" =100' WATSON ~ AS~OC~T~S,, P~C. 4221 BONNIE BANK ROAD RICHMOND VIRGINIA 804-271-8058 20O REV: 7-50-05 OATE: 7-21-03 RI.E: CRT-52191~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meetin~l Date: March 24, 2004 Item Number: 8.(~,5.b. Subiect: Acceptance of a Parcel of Land West of Charter Colony Parkway from Trustees of Kingsway Community Church County Administrator's Comments: County Administrator: Board Action Requested: Accept the conveyance of a parcel of land containing 1.574 acres from Trustees of Kingsway Community Church formerly known as Southside Church of Richmond. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of a parcel of land containing 1.574 acres west of Charter Colony Parkway (State Route 950 This dedication is for the development of Kingsway Community Church. Approval is recommended. District: Midlothian Preparer: John W. Harmon Title: Ri.qht of Way Manaqer Attachments: ']No #000127 VICINITY SKETCH A£..£EPT~,I _..E OF A PA_RCEL OF LAND WEST OF C~TER C..OLONY P~KWAY FROM ~USTEES OF K~GSWAY C. OS'~,~Y C..~CH FO~.'IERLY KNOWN AS SO[~S~E C~CH OF ~C..~,IO~ ALDENGATE RD ~.N ETT LN VtLL4 ~ ~tLL D q' ~ LN SQ N WOOLRiDGE N Chesterfield Coun~ Department of Utilities 00012 S 0005L789 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: March 24, 2004 Item Number: 8.C,.5.c. Subiect: Acceptance of a Parcel of Land Adjacent to the West Right of Way Line of Charter Colony Parkway from Reynolds Real Estate Ventures, LLC County Administrator's Comments: /~'~_c_~/~z,~ /~~j7 County Administrator: Board Action Requested: Accept the conveyance of a parcel of land containing 0.271 acres from Reynolds Real Estate Ventures, 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 0.271 acres adjacent to the west right of way line of Charter Colony Parkway (State Route 950). This dedication is for the development of Kingsway Community Church. Approval is recommended. District: Midlothian Preparer: John W. Harmon Title: Ri.qht of Way Mana,qer Attachments: Ycs [-~No #0001~0 VICINITY SKETCH ACCEPTANCE OF A PARCEL OF LAND ADJACENT TO THE WEST RIGHT OF WAY LINE OF CHARTER COLONY PARKWAY FROM REYNOLDS REAL ESTATE VENTURES, LLC ALDENGATE RD ETT LN I'-- L~ LEG RD VL SQ Chesterfield Count~ Department of Utilities 1 bcl eq~a~ 666~ ~r TIMMONS GROUP.-""'" CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: March 24, 2004 Item Number: 8.C. 5.d. Subiect: Acceptance of a Parcel of Land Along the East Right of Way Line of Jefferson Davis Highway from T and S Builders County Administrator's Comments: ~"~_z~,,u,,,,.~ /~~ County Administrator: Board Action Requested: Accept the conveyance of a parcel of land containing 0.217 acres along the east right of way line of Jefferson Davis Highway (U.S. Route 1) from T & S Builders, and authorize the County Administrator to execute the deed. Summary of Information: It is the policy of the county to acquire right of way whenever possible through development to meet the ultimate road width as shown on the County Thoroughfare Plan. The dedication of this parcel conforms to that plan, and will decrease the right of way costs for road improvements when constructed. District: Bermuda Preparer: John W. Harmon Title: Ri,qht of Way Mana(~er Attachments: Yc$ No VICINITY SKETCH ACCEPTANCE OF A PARCEL OF LAND ALONG THE EAST RIGHT OF WAY LINE OF JEFFERSON DAVIS HIGHWAY FROM T & S BUILDERS N Chemrl~d Co.nty Dq~dmont of Utllflle~ ~oht Of W~y Oflioe 0 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: March 24, 2004 Item Number: 8.C.5.e. Subject: Acceptance of a Parcel of Land Along the North Right of Way Line of Hull Street Road from Chesterfield Land and Timber Corporation County Administrator's Comments: //~~c/ /~/~/~~ County Administrator: Board Action Reques~d: Accept the conveyance of a parcel of land containing 0.2388 acres along the north right of way line of Hull Street Road (U.S. Route 360) from Chesterfield Land and Timber Corp., and authorize the County Administrator to execute the deed. Summary of Information: It is the policy of the County to acquire right of way whenever possible through development to meet the ultimate road width as shown on the County Thoroughfare Plan. The dedication of this parcel conforms to that plan, and will decrease the right of way costs for road improvements when constructed. District: Clover Hill Preparer: John W. Harmon Title: Ri,qht of Way Mana.qer Attachments: ~'--] No VICINITY SKETCH ACCEPTANCE OF A PARCEL OF LAND ALONG THE NORTH RIGHT OF WAY LINE OF HULL STREET ROAD FROM CHESTERFIELD LAND AND TIMBER CORP PARCEL A OWNER: CHESTERFIELO LAND AND TIMBER CORP., SUCCESSOR TO CHESTERFIELD LAND. INVESTMENTS, INC.(D.B. 770, P;.518) ACREAGE: 0.2388 ACRES L-142.?t' (IX)TAL) Tm,,142.71' A.,ZO'4T'J3" HUU. STREET SOCIATES, LL.C. · 72767~4'31300000 HULL STREET ROAD .B;334-0 Pg.736 EXISTING I0' COI~_ OF ?HESTERFIELD~ P~.,m Pin No. 727673t20200~ \ D.B,1549 Pg,129 CVS 12 VA L.LC. Pin No. 727673522000000 13800 HULL STREET ROAD D.B.5511 Pg.190 PAR( A FIDELITY FEDERAL Pin Nb 7276737830043000 6512 HARBOUR ~ COURT D.B.2455 Pg:525 PLAT SHOWING A 0.2288 ACRE PARCEL OF LAND TO BE DEDICATED .TO CHESTERFIELD COUNTY, ACROSS PROPERTY BELONGING TO CHESTERFIELD LAND AND TIMBER CORP., SUCCESSOR TO CHESTERFIELD LAND INVESTMENTS, INC. CLOVER HILL DISTRICT, CHESTERFIELD COUNTY, VIRGINIA. INFORMATION ON PLAT BASED ON WATER EASEUENT PLAT, DB.1025 Pg.310, WATER EASEMENT PLAT, DB.5506 Pg.868 AND DEED O~ DEDICATION, DB.1024 P;J.476. GIS SYSTEM, CHESTERR£LD COUNTY, VIRGINIA UTILITIES DEPARTMENT ~'~ CHESTERFIELD COUNTY, SCALE REVIsIONs ORAWN BY: 1""'100' DATE VAO 3-.,10-04 ON 724.--670 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: Subiect: March 24, 2004 Item Number: 8.C.5.f. Acceptance of a Parcel of Land for the Relocation of a Portion of Meadowville Road from the Industrial Development Authority for the County of Chesterfield, Virginia County Administrator's Comments: County Administrator: Board Action Requested: Accept the conveyance of a parcel of land containing 3.686 acres from the Industrial Development Authority For The County of Chesterfield, Virginia, and authorize the County Administrator to execute the deed. Summary of Information: This dedication is for relocation of a portion of Meadowville Road through an industrial access project to improve access to the Meadowville Technology Park. Approval is recommended. District: Bermuda Preparer: John W. Harmon Title: Ri.qht of Way Mana.qer Attachments: --]No VICINITY SKETCH ACCEPTANCE OF A PARCEL OF LAND FOR THE RELOCATION OF A PORTION OF MEADOWVILLE ROAD FROM INDUSTRIAL DEVELOPMENT AUTHORITY FOR THE COUNTY OF CHESTERFIELD VIRGINIA i IMMONS GRO'UP ..-'."~ ----- -'--'-- CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: March 24, 2004 Item Number: 8.~,6. Subject: Request to Quitclaim a Temporary Ingress and Egress Easement for the Michaux Creek Wastewater Pump Station County Administrator: Board Action Requested: Authorize the Chairman of the Board of Supervisors and the County Administrator to execute quitclaim deeds to vacate a temporary ingress and egress easement for the Michaux Creek Wastewater Pump Station. Summary of Information: In 1992 the County acquired a temporary ingress and egress easement for the Michaux Creek Wastewater Pump Station. Public roads have been dedicated and constructed that replace the easement being quitclaimed. Approval is recommended. District: Midlothian Preparer: John W. Harmon Title: Right of Way Manager Attachments: [--~ No VICINITY SKETCH REQUEST TO QUITCLAIM A TEMPORARY INGRESS AND EGRESS EASEMENT FOR THE MICHAUX CREEK WASTEWATER PUMP STATION Chesterfield Coun~ Department of Utilities I I1¢I e,:lla~· 629.08 ~et 000~37 CH ESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: March 24, 2004 Item Number: 8.C.7. Subiect: Conveyance of an Easement to Virginia Electric and Power Company County Administrator's Comments: /~,~j //~,,,~~ County Administrator: Board Action Requested: Authorize the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company for underground cable for lighting the athletic fields at Ecoff Elementary School. Summary of Information: Staff recommends that the Board of Supervisors authorize the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company for underground cable for lighting the athletic fields at Ecoff Elementary School. ,District: Bermuda Preparer: John W. Harmon Title: Ri,qht of Way Mana.qer Attachments: Yes [--'~ No VICINITY SKETCH CONVEYANCE OF AN EASEMENT TO VIRGINIA ELECTRIC AND POWER COMPANY Chesterfield County Department of Utilities Right Of Way Office County of Chesterfield 5200 EcoffAvenue DB. 2055 PG. 710 PIN: 784656728500000 0~0140 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meetin~l Date: March 24, 2004 Item Number: 8.C. 8. III II Subiect: County Administrator's Comments: Approval of Water Contract for 10350 Ramona Avenue Waterline Extension, Contract Number 03-0365 County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors approve this contract and authorize the County Administrator to execute any necessary documents. Summary of Information: This project includes 40 L.F.± of additional 6" waterline work. Staff has requested that the additional waterline be installed to provide service to the adjoining property at 10351 Ramona Avenue. In accordance with the ordinance, the Developer is entitled to refunds for the construction cost of the additional work. Developer: Kevin Henshaw Contractor: Thomas E. Gibbs Utility Contractor Contract Amount: Estimated County Cost for Additional Work .............. $3,400.00 Estimated Developer Cost ............................... $6,000.00 Estimated Total ........................................ $9,400.00 Code: (Cash Refund - Additional Work) 5B-572W0-E4C District: Bermuda Preparer: Craiq S. Bryant Title: Attachments: Yes ~ No Director of Utilities VICINITY SKETCH Ramona Ave. (10350) Waterline Extension County Project # 03-0365 10326 10329 10335 10339 Watedine Extension Co. P~j. #03-0365 1034 5 10344 10351 Extra Work Co. P~j.#03-0365 10350 10355 10363 10358 10367 Pineburst Sf, reet Chesterfield County Department of Utilities Development Section OOol&;~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: March 24, 2004 Item Number: 8, c.,9. Subiect: Request Permission for a Proposed Sidewalk to Encroach Within a Ten-Foot Water Easement Across the Property of Wachovia Bank, National Association County Administrator's Comments: //~~.~c~ //~j County Administrator: BoardActionRequested: Grant Wachovia Bank, National Association, permission for a proposed sidewalk to encroach within a 10' water easement, subject to the execution of a license agreement. Summary of Information: Wachovia Bank, National Association has requested permission for a proposed sidewalk to encroach within a 10' water easement. This request has been reviewed by staff and approval is recommended. District: Midlothian Preparer: John W. Harmon Title: Right of Way Manaqer Attachments: ]No VICINITY SKETCH REQUEST PERMISSION FOR A PROPOSED SIDEWALK TO ENCROACH WITHIN A TEN FOOT WATER EASEMENT ACROSS THE PROPERTY OF WACHOVIA BANK, NATIONAL ASSOCIATION TOWER L!GHTRo DEPOT, S RD 'DR o ~ uJ z CT Chesterfield County Department of Utilities Right Of Way Office ooox~4 uJ 729708382300000 N/F 729708571900000 N/F HIBLOTHIAN PROFESSIONAL HENRY JONES GROUP FAMILY L CIZ D,B, t202 PG, 74 B,B, 3734 PG. 23 ~RF 883 87' IRF ON LINE ~g3 ¢ 729708360700000 ~c~ ~ N/F ~ ~ NACHOV~A BANK ~ D,B, 558~ PG, 649 0,989 ACRES t0' X7. ~ / 10 "ATER CONCRETE ~ON. I N 3707gg4.7~0 ' RTP ~n E LINEI SEARING NO ~ '58' 59"~ 3O, 38' PLAT SHOWING PROPOSED SIDEWALK ACROSS EXISTING WATER LINE EASEMENT ON PARCEL ID # 729708360700000 MIDLOTHIAN DISTRTCT CHESTERFTELB COUNTY, VIRGINIA DATE: 0t/28/2004 SCALE: 1' - 50' P,N, 98056,N07 RESOURCE , '/: ~,. ~ INTERNATIONAL, LTD. ENGINEERS . SCIENTISTS o SURVEYORS o PLANNERS P.O. ~ o1~o o 9560 KINGS CHART~ DRIVIg o ~HI.~D, VA ~O00~ (e0~,)550-9~0 o (604)§50-9~00 o F.~X (eo4)§50-9~59 98056WO7SDNLK. PRO 00145 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: March 24, 2004 Item Number: 8.C.9.b. Subiect: Request Permission to Construct a Portion of Branders Creek Drive County Administrator's Comments: County Administrator: Board Action Requested: Grant River Oaks Development Company, LLC., permission to construct a portion of Branders Creek Drive within a county right of way subject to the execution of a License agreement. Summary of Information: River Oaks Development Company, LLC., has requested permission to construct a portion of Branders Creek Drive within a county right of way as shown on the attached plan. This request has been reviewed by staff and approval is recommended. District: Bermuda Preparer: John W. Harmon Title: Right of Way Manager Attachments: --]No VICINITY SKETCH REQUEST PERMISSION TO CONSTRUCT A PORTION OF BRANDERS CREEK DRIVE N Bpll i'~i;~j iG~j:I~j~,t ;lilli,Iiiljtl~l JJi."ili lj~ !~,~, !,~.~,~. Ii,, Ill~ ~,J,~ , l, ,! ,,I,I, Iili, Ilj: , · '"[ili "",'""',- CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of ~ Meetin~l Date: March 24, 2004 Item Number: 8. C.10. Subiect: Acceptance and Appropriation of Virginia Department of Aviation Grant Funds for an Airport Project to Install Security Proximity Card Readers on Gates and Doors County Administrator: ~ Board Action Requested: The Board of Supervisors is requested to authorize the County Administrator to accept and appropriate State Department of Aviation grant funds in the amount of $79,555.50 for an airport project to install security proximity card readers on gates and doors, and authorize transfer of $8,839.50 from within the Airport Capital Projects Fund for the local match. Summary of Information: The airport gate card security system is antiquated and parts can no longer be secured for repairs. During the recent construction, proximity card access readers were installed in the new terminal and in two of the seven gates to enhance security. Installation of the same security system on the remaining five gates and two doors is recommended. The State Department of Aviation has approved the county's grant application for these security enhancements and will fund $79,555 of the cost. The funding breakdown at 90%(state)/10% (local) is as follows: 90% Department of Aviation 10% Local Match - Airport $79,555.50 8,839.50 Total Project Cost $88,395.00 Staff recommends approval. Preparer: Francis M. Pitaro Title: Director of General Services Attachments: -~ Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: March 24, 2004 Bud.qet and Management Comments: This request involves the acceptance and appropriation of State Department of Aviation grant funds in the amount of $79,555.50 for replacement of proximity access card readers on gates and doors at the Airport. This grant will accomplish the replacement of all of the older antiquated gate equipment and also update the remaining two doors with necessary security features. Local matching funds in the amount of $8,839.50 are available in the Airport capital projects fund to transfer for this grant match. Preparer: Rebecca T. Dickson Title: Director, Budget and Management CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meeting Date: March 24, 2004 Item Number: 8. C,11. Subiect: Execute an Extension of the Service Agreement with the Central Virginia Waste Management Authority (CVWMA) for Recycling Used Propane Tanks at the County Transfer Stations County Administrator's Comments: County Administrator: Board Action Requested: Authorize the County Administrator to sign the annual extended Service Agreement with the Central Virginia Waste Management Authority for recycling used propane tanks at the county transfer stations. Summary of Information: The county currently receives approximately 2,000 empty propane tanks per year for disposal at the transfer stations. At the present time, the county has an annual Service Agreement with the Central Virginia Waste Management Authority that provides collection of these tanks by Massey, Wood and West. The Central Virginia Waste Management Authority has extended their contract with Massey, Wood and West for one year to continue collecting and recycling these empty tanks from participating member jurisdictions. Through this service agreement, the county will not incur any cost for collection but will continue to receive revenue of $1 per tank. Staff recommends approval of this agreement. Preparer: Francis M. Pitaro Attachments: Yes ~-~ No Title: Director of General Services SECOND ADDENDUM TO THE SPECIAL PROJECT SERVICE AGREEMENT FOR PROPANE TANK COLLECTION SERVICES between CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY and PARTICIPATING LOCAL JURISDICTIONS WHEREAS, the Central Virginia Waste Management Authority (hereinafter "CVWMA") and Massey, Wood and West Inc. (hereinafter "Contractor") executed a Propane Tank Collection Services Contract dated July 31, 2002 (the "Contract"), and WHEREAS, Section2 - Term of the Contract provides for up to four (4) one year extensions of the Contract based on mutual consent of the CVWMA and the Contractor, and WHEREAS, the Central Virginia Waste Management Authority executed a Special Project Service Agreement (hereinafter "Agreement") with certain participating Local Jurisdictions listed below for the collection of obsolete and/or non usable propane tanks, and WHEREAS, the CVWMA and the Contractor previously agreed to an addendum to the Contract dated July 1, 2003 to extend the Contract for one year with a termination date of June 30, 2004, and WHEREAS, the CVWMA and the Contractor wish to extend the term of the Contract for a one year period commencing on or about July 1, 2004 and ending June 30, 2005 and accordingly have done so. NOW THEREFORE, in consideration of the forgoing recitals and the mutual covenants hereinafter provided: BE IT RESOLVED that this addendum to the Agreement is made by and between CVWMA, its successors and assigns, having its principal place of business at 2100 West Laburnum Avenue, Suite 105, Richmond, Virginia 23227, and (if executed on the appropriate page 2 - End - Signature page of this Addendum) COUNTY COUNTY COUNTY COUNTY COUNTY COUNTY OF CHESTERFIELD (CHE), OF GOOCHLAND (GCH), OF HANOVER (HAN), OF HENRICO (HEN), OF NEW KENT (NKT), OF POWHATAN (POW), COUNTY OF PRINCE GEORGE (PRG), and CITY OF RICHMOND (RIC) (hereinafter, collectively, "Participating Local Jurisdictions"). BE IT FURTHER RESOLVED, that the CVWMA and the Participating Local Jurisdictions amend the Agreement as follows: 1. Article III - Term of Aqreement, Paragraph A is deleted and substituted in its place is the following: A. The term of this Agreement shall be for a one-year period commencing on July 1, 2004 and ending June 30, 2005. BE IT FURTHER RESOLVED, that all other terms, conditions and provisions of the Agreement and the Contract are reaffirmed and remain in full force and effect as if set out in full in this addendum. IN WITNESS WHEREOF, the CVWMA and the Participating Local Jurisdictions have caused this Agreement to be executed. APPROVED AS TO FORM: McCandlish Holton, P.C. CENTRJ~L VIRGINIA By: ~RI'I'Y // Joh/~ ~. ~i_tchell ~ ~cutive Director Date: '~/~//~ APPROVED AS TO FORM: COUN'FY OF CHESTERFIELD Steven L. Micas County Attorney By: Lane B. Ramsey County Administrator Date: 2 - CHE - End - Signature 000150 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: Subiect: March 24, 2004 County Administrator's Comments: Item Number: 8.C.12. Authorization for T-Mobile to Apply for Conditional Use or Conditional Use Planned Development for Communications Antennae to be Installed on County Property County Administrator: Board Action Requested: Authorize T-Mobile to apply for conditional use or conditional use planned development for communications antennae to be installed on County property. Summary of Information: T-Mobile has requested permission to install communications antennae on the Physic Hill Water Tank (PIN: 720655538100000). If approved, the leasing of space will require approval by the Board at a Public Hearing. District: Matoaca Preparer: John W. Harmon Title: Right of Way Manaqer Attachments: ¥CS -]No VICINITY SKETCH AUTHORIZ&TION FOR T-MOBII.E TO APPLY FOR CONDITIONAL USE OR CONDITIONAL USE PLANNED DEVELOPMENT FOR COMMUNICATIONS ANTENNAE TO BE INSTALLED ON COUNTY PROPERTY Ri) Chesterfield County Department of Utilities 1 Iicl eqlag ?n833 ooo~k52 '144t~ 110~0 11101 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: March 24, 2004 Item Number: 8. Co13. Subiect: Consideration of Request of AFP, L.L.C. and Western Reserve Leasing III for Modification of the Airport Industrial Park Restrictive Covenants Relating to ~tback Requirements for Parking, Driveways and Buildings at 7840 and 7820 Whitepine Road County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors ("Board") is requested to approve a request by AFP, L.L.C. ("AFP") and Western Reserve Leasing III ("Western") to modify the Airport Industrial Park Restrictive Covenants relating to setbacks for parking, driveways and buildings at 7820 and 7840 Whitepine Road. Summary of Information: AFP is the owner of property located at 7840 Whitepine Road while Western owns adjacent property at 7820 Whitepine Road. Both properties are located in the industrial park. See attached map. AFP and Western have requested that the County waive that portion of its restrictive covenants that requires a ten (10) foot setback for parking, driveways and buildings from the properties' common side property line. The Board has the right under the restrictive covenants to waive, modify, alter or amend any of the covenants, conditions, and restrictions so long as such action does not reduce the overall quality of the property affected. Preparer: James G. Dunn Attachments: Vcs Title: Director of Economic Development 1923: 64612.1 0015 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 The request has been reviewed by the County's Planning Staff and Department of Economic Development. Staff recommends approval of the request. In particular, AFP and Western propose to construct a driveway that would serve both properties over a portion of the property line separating the two lots. The property line at this point has an unusual configuration that extends into the AFP property that necessitates constructing the driveway over a portion of the property line, which would make it impossible to comply with the 10-foot setback requirement. This waiver would only be for that portion of the property line indicated on the attached site plan. See attachment. Granting this waiver would not adversely affect neighboring properties and would not reduce the overall quality of the subject properties. Further, the County Attorney recommends that if the Board approves this request that, by such approval, both AFP and Western shall be required to record an instrument in the land records of the County Circuit Court that includes the Board's minutes and copy of this agenda item. Staff recommends approval of this request. 1923:64612.1 000: $5 'x \ 'x Z LU CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meetin~l Date: March 24, 2004 Item Number: 8.C.14. Subiect: Set Public Hearing for Public Facilities Plan, an Amendment to The Plan for Chesterfield Relating to Public Facility Needs Through 2022 CounW Administrator's Commen~: Proposed Amendments See attachment addressing · Clover Hill High School Replacement in 2009 or later · Flexibility to replace older school facilities · Flexibility for Fire/EMS Response · Note park projects can be met through public/private partnerships County Administrator: Board Action Requested: Set April 14, 2004 for a public hearing to consider adoption of the Public Facilities Plan. Summary of Information: The Public Facilities Plan update began in 1999. The Planning Commission reviewed the draft plan at three work sessions and two public hearings. At a regular hearing on February 17, 2004, the Planning Commission recommended approval of the Public Facilities Plan amendment. This Plan amendment would replace the existing Public Facilities Plan that was adopted in 1995. The Plan comprehensively assesses public facility needs. The principal goal of the Plan is to forecast when and where expanded and new facilities will be needed to most efficiently and conveniently serve county residents. The Plan quantifies demands for fire/rescue, stations, libraries, parks, police stations, and schools through a Preparer: Thomas E. Jacobson Title: Director of Planning C:DATNAGENDAI20041MAR/MAR24/GOK Attachments: Ycs CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 detailed analysis of current and projected service demands. The Plan recommends the following facilities by 2022: Six new and five expanded fire/rescue stations · Five new and one expanded elementary schools · Two new middle schools and one expanded middle school · Two new high schools (one of which is pending construction) and one expanded high school · Two new regional parks · Ten new community parks · 29 new neighborhood parks · Nine new special purpose parks · Four new and four expanded library branches · One new police station and three new community policing offices The attached plan reflects changes recommended by the Planning Commission. In addition, the County Administrator recommends minor text changes to incorporate updated information. These changes (p. 20 in the Parks and Recreation Section, and pp.47-48 in the Storm Water Drainage Section) would have no effect on Plan recommendations. 000159 County Administrator's Comments: Planning Commission recommendations in the draft Plan are based on land use principles and long-range growth needs countywide. However, to better accommodate budgeting and capital improvements programming, these recommendations should allow flexible prioritization of facility choices. The draft Plan does not provide this flexibility in two key areas: Schools and Fire/EMS. Also, minor text changes should be made to the Parks and Recreation and Storm Water Drainage sections to reflect updated information. Schools recommendations (pages 30-41) would not allow construction of a Clover Hill High School replacement school. To accomplish this goal, the following text changes would be necessary in the draft Plan: · Add new bullet point to "Other Criteria" on paqe 37: "Existing schools may be converted from one school type to another, or replaced with a new school, provided that the converted school is consistent with the Locational and Other Criteria of this Plan, and is located within the same geographic area identified in Plan recommendations. Original student capacity displaced by school conversion or replacement may be assigned to a new school facility in the original school's geographic service area, subject to the Locational and Other Criteria of this Plan. Should the existing Clover Hill High School be replaced with a new school, the new school should be located in the area generally north of Hull Street Road and east of Old Hundred Road"and open in 2009 or later. Fire/EMS recommendations (page 9) include a specific recommended order of construction for each facility. This approach may not be fully responsive to evolving Fire/EMS service capabilities (such as use of ~first response vehicles" and other non-facility solutions). To accomplish this goal, the following text changes would be necessary in the draft Plan: · Amend recommendation preface text on paqe 9: "Construct new fire/rescue stations to serve existing service gaps T ~ ~ ordcr cf pri~rit}~..~ ~ "Improve fire/rescue stations to serve existing service gaps: Parks and Recreation recommendations are ambitious, reflecting the recently adopted Parks and Recreation Master Plan project list. To clarify that some future park needs may be met through partnerships between the private and public sectors, the following language should be added to the draft Plan: · Add sentence at the bottom of the paqe 20: "Recommendations may be implemented through private/public sector partnerships for funding and developing future parks and recreational facili ties. ~ The Storm Water Drainage section requires minor technical changes to incorporate updated information accurately reflecting the roles and responsibilities of the Environmental Engineering Department and the Office of Water Quality. Amend the Existinq Facilities Section on paqe 47: "Storm water runoff is ultimately conveyed to adjacent/nearby waterways countywide. Key facility elements in this process include storm sewers, drainage ditches, swales, filters, retention (f ~^~ ~ ....... ~ ~"~ wet ponds), and detention areas or .... ~ .................... ~ facilities (for short-term water holding prior to ultimate release into nearby waterways). These ~..~ facilities are referred to as "best management practice" (BMP) facilities. Drainage facilities are most often built in conjunction with new development projects (subdivisions, commercial developments, etc.) as a developer responsibility. Retrofits and uU_pgrades of existing system deficiencies (especially in older developed areas) occur on an incremental, funds- available basis, through the Capital Improvements Program." Amend the Level of Service Section on paqe 48: "Accordingly, the county Of fi ce of Wa ter Qual i ty has developed a comprehensive storm water management program that includes bli ti ~^ . ......t ......... pu c educa on and outreach,~"~.... ~~'~~~ ~..~ -~' ....... water ~ality monitoring, and enforcement of Chesterfield Count y ........ Illicit Di cha di ~= ~ ~. ~ ........ ~ ~- ~ s rge Or nancc, ....... ~ ~ .... ~ ~-~ ~ ..... ~ ~ ..... In addition to these proqr~s, the .... ~ ..... ~ ~ ~ .... ~ ...... ~ Enviro~ental Engineering Department also enforces the Erosion and Sediment Control Ordinance, the Floodplain Management Ordinance, '~ rT~~=-- and the ChesaDeake Bay Preservation Act, which all limit the activities and development in and adjacent to s~ositive areas. The Enviro~ental Enqineerinq Department also inspects and monitors BMPs." 000161 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of i Meetin~l Date: March 24, 2004 Item Number: 8.C.14.b. Subject: Set a Public Hearing for April 14, 2004, to Consider Approval of a Lease of .the County Fairgrounds Exhibition Hall ,County Administrator's Comments- County Administrator: ~ Board Action Requested: Set a public hearing for April 14, 2004, to consider approval of the lease of the County Fairgrounds Exhibition Hall to F.C. Richmond Soccer Club for indoor soccer program usage. Summary of Information: Capital Area Soccer Association (CASA) has since 1996, leased the Exhibition Hall building from the County in order to run an indoor adult soccer program from January through mid-March. Due to the opening of the new RISE indoor soccer facility, CASA has been unable to draw enough teams to continue their indoor soccer program and has discontinued the lease. F.C. Richmond Soccer Club would now like to lease the Exhibition Hall for use for youth soccer training and clinics. The proposed lease would run for five-years from January through mid-March at a cost of $2,500 per year. Staff recommends setting a public hearing date of April 14, 2004, to consider this issue. Preparer: Michael S. Golden Title: Director, Parks and Recreation Attachments: Yes CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: March 24, 2004 Item Number: 8.C.15. Subiect: Authorization for the County Administrator to Proceed with the Addition of an Emergency Shelter at the Cosby Road High School County Administrator's Comments= County Administrator: Board Action Requested: The Board is requested to authorize the County Administrator to proceed with the addition of an emergency shelter at the new Cosby Road High School; to pursue grant funding for this project; and to pursue such actions as may be necessary with the School Board in order accomplish this project. Summary of Information: Subsequent to hurricane Isabel, staff completed a community needs assessment to identify opportunities for improvements to the county's ability to respond to citizen's needs in an emergency. One of the initiatives identified, which is also consistent with Homeland Security initiatives, is the need for another emergency shelter in the county. Staff has identified the new Cosby Road High School site as an appropriate place for another emergency shelter in the county. As construction begins on the Cosby Road project, electrical and structural changes need to be made now to the building plans in order to accorr~nodate the shelter. Staff estimates the cost of the generator including charges for redesign work to the electrical and structural plans to be approximately $480,000. Once bids are received the exact price will be known. Staff plans to pursue grant funding for the generator. In the event grant funds cannot be obtained, staff will recommend funding in the county's capital improvement program. Preparer: RebeccaT. Dickson Title: Director, Budget and Manaqement Attachments: --] Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: March 24, 2004 Item Number: 8.C.16.a. Subject: Transfer $1,450 Each From the Midlothian, Matoaca, Dale and Clover Hill District Improvement Funds ($5,800 Total) to Print and Distribute The Board of Supervisors' "Community Connections" Publication For Spring 2004 County Administrator's Comments: County Administrator: Board Action Requested: Transfer $1,450 each from the Midlothian, Matoaca, Dale and Clover Hill District Improvement Funds ($5,800 Total) to print and distribute The Board of Supervisors' "Community Connections" publication for Spring 2004. Summary of Information: The Board of Supervisors prints and distributes the "Community Connections" newsletter quarterly to inform citizens about County issues and events. The cost of preparing and distributing the newsletter is paid from the budget of the Clerk to the Board of Supervisors. There are currently insufficient funds in the Clerk's budget to prepare and distribute the Spring 2004 edition of "Community Connections". County Administration and Public Affairs have requested that the Board transfer $5,800 in District Improvement Funds to the Clerk of the Board for this purpose. The Board may transfer money to a County department to prepare this informational publication, which has a legitimate governmental purpose. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. Preparer: Rebecca T. Dickson Title: Director, Budget and Management 0425:64772.1 Attachments: Yes ~ No 000~63 DISTRICT IMPROVEMENT FUNDS APPLICATION This application must be completed and signed before the County can consider a request for funding with District Improvement Funds. Completing and signing this form does not mean that you will receive funding or that the County can legally consider your request. Virginia law places substantial restrictions on the authority of the County to give public funds, such as District Improvement Funds, to private persons or organizations and these restrictions may preclude the County's Board of Supervisors from even considering your request. What is the name of the applicant (person or organization) making this funding request? County Administration/Public Affairs If an organization is the applicant, what is the nature and purpose of the organization? (Also attach organization's most recent articles of incorporation and/or bylaws to application.) What is the amount of funding you are seeking? $5800 .. Describe in detail the funding request and how the money, if approved, will be spent. The funds will be used to print and distribute (postage) the Board of Supervisors newsletter (included in the Community Weekly) for the spring edition. The newsletters are distributed to the residents in the county. o Is any County Department involved in the project, event or program for which you are seeking funds? PublicAffairs/Clerk to the BOS If this request for funding will not fully fund your activity or program, what other individuals or organizations will provide the remainder of the funding? N/A 0407:23380.1 Page 2 If applicant is an organization, answer the following: Is the organization a corporation? Is the organization non-profit? Is the organization tax-exempt? Yes No X Yes No X Yes No x What is the address of the applicant making this funding request? P.O. Box 40 Chesterfield, VA What is the telephone number, fax number, e-mail address of the applicant? X1909 Signature of applicant. If you are signing on behalf of an organization you must be the president, vice-president, chairman/director or vice-chairman of the organization. an orgamzatlon) Title (if signing on beh~f of- v . . Printed Name 000 .65 0407:23380.1 8132 Forest HLll Avenue-..R~chmond, Virg~a 23235..560-5500. &x 560-4131 Cost of Inserts for Chesterfield County Department of Pubh'c Affairs 2002, 2003 & 2004 2002 January 8, 2002 April 16, 2002 July 23, 2002 October 15, 2002 8-page Annual Report 4-page Supervisors' Newsletter 4-page Supervisors' Newsletter 4-page Supervisors' Newsletter $10,650 $ 5,980 $ 5,980 $ 5,980 $28,590 2003 January 14, 2003 2003 July 8, 2003 October 7, 2003 October 28, 2003 8-page Annual Report 4-page Supervisors' Newsletter 4-page Supervisors' Newsletter 4-page Special, "Hurricane Isabel" 4-page Supervisors' Newsletter $10,525 5,675 5,675 5,900* 5,675 $33,450 * This was a special, 'spur of the moment', mailing that focused on the aftermath of Hurhcane Isabel Hence the higher price. 2004 January 27, 2004 April 13, 2004 July 20, 2004 October 12, 2004 8-page Annual Report 4-page Supervisors' Newsletter 4-page Supervisors' Newsletter 4-page Supervisors' Newsletter $10,863 $ 5,854 $ 5,854 $ 5,854 $28,425 Note: The variance in the prices, especially the reduction in price from 2002 to 2004, is due to our printer's prices going down, and the ability of our company to negotiate lower rates with our mailing company We will continue to pass along such savings xvhenever possible. However, ottr prices are subject to cost increases that may be imposed by our vendors, as well. Fortunately, they are few and far bet~O O ~1. 6 6 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: Subject: March 24, 2004 Item Number: 8.C.16.b. Transfer $912 in Matoaca District Improvement Funds to the Police Department to Purchase Replacement Bicycles for Community Policing Offices County Administrator's Comments: County Administrator: Board Action Requested: Transfer $912 in Matoaca District Improvement Funds to the Police Department to purchase replacement bicycles for the community policing offices. Summary of Information: Supervisor Humphrey has requested the Board to transfer $912 to the Police Department to purchase bicycles for the community policing program. The Board is legally authorized to give money to the Police Department for capital purchases, which will serve a public purpose. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. Preparer: Rebecca T. Dickson Title: Director, Budget and Management 0425:64771.1 Attachments: Yes ~ No DISTRICT IMPROVEMENT FUNDS APPLICATION This application must be completed and signed before the County can consider a request for funding with District Improvement Funds. Completing and signing this form does not mean that you will receive funding or that the County can legally consider your request. Virginia law places substantial restrictions on the authority of the County to give public funds, such as District Improvement Funds, to private persons or organizations and these restrictions may preclude the County's Board of Supervisors from even considering your request. What is the name of the applicant (person or organization) making this funding request? Chesterfield County Police Department If an organization is the applicant, what is the nature and purpose of the organization? (Also attach organization's most recent articles of incorporation and/or bylaws to application.) Community policing-purpose is to be able to meet the direct needs of the con~nunity and its citizens with effective policing and crime prevention. What is the amount of funding you are seeking? $911.96 Describe in detail the funding request and how the money, if approved, will be spent. policing bicycles and related equipn~nt. Funds will be~sed to purchase two new Is any County Department involved in the project, event or program for which you are seeking funds? Chesterfield County Police Department If this request for funding will not fully fund your activity or program, what other individuals or organizations will provide the remainder of the funding? None 0407:23380. 000168 Page 2 If applicant is an organization, answer the following: Is the organization a corporation? Is the organization non-profit? Is the organization tax-exempt? Yes No Yes /" No Yes /' No What is the address of the applicant making this funding request? P.O. Box 148 Chesterfield. Va. 2383~ What is the telephone number, fax number, e-mail address of the applicant? Signature of applicant. If you are signing on behalf of an organization you must be the president, vice-president, chairman/director or vice-chairman of the organization. Signature Title (if signing on behalf of an organization) Printed Name Date 0407:23380.1 000169 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: March 24, 2004 Item Number: 8.C.17, Subject: Approval of a Wetlands Mitigation Agreement with Virginia Habitats II, LLC County Administrator's Comments: County Administrator: BoardAction Requested: Authorize the County Administrator to execute a Wetlands Mitigation Agreement with Virginia Habitats II, LLC for the Bermuda Orchard Water Main Project. Summary of Information: Staff recommends that the Board of Supervisors authorize the County Administrator to execute an agreement with Virginia Habitats II, LLC for the purchase of wetlands mitigation credits for $13,650 for the Bermuda Orchard Water Main Project. Purchase of these credits is accepted by the USACE as mitigation for the project. Approval is recommended. District: Bermuda Preparer: John W. Harmon Title: Ri.qht of Way Manaqer Attachments: ~-~ Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 3 Meetin~l Date: March 24, 2004 Item Number: 10.A. Subiect: Developer Water and Sewer Contracts County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors has authorized the County Administrator to execute water and/or sewer contracts between County and Developer where there are no County funds involved. The report is submitted to Board members as information. Summary of Information: The following water and Administrator: sewer contracts were executed by the County Contract Number: Project Name: 01-0193 Watermill Phase II, Section 1 Developer: Centex Homes Contractor: Piedmont Construction Company, Inc. Contract Amount: Water Improvements - Wastewater Improvements - $119,334.00 $162,382.00 District: Matoaca Preparer: Craig S. Bryant Title: Director of Utilities Attachments: --~ Yes No #OOO170 Agenda Item March 24, 2004 Page 2 o Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 01-0398 Brookfield North C. & S. Associates, LLC Bookman Construction Company Water Improvements - Wastewater Improvements - Clover Hill $9,550.00 $13,500.00 o o o Contract Number: Project Name: Developer: Contractor: Contract Amount: District: Contract Number: Project Name: Developer: Contractor: Contract Amount: District: Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 02-0209 Five Forks Village South, Section 3 Cascade Creek Homes, Incorporated R. J. Smith Construction, Incorporated Water Improvements - Wastewater Improvements - Dale $149,201.30 $186,217.50 02-0356 CVS - 13800 Hull Street Road CVS 12 VA LLC G. L. Pruett, Incorporated Water Improvements - Wastewater Improvements - Clover Hill $6,439.49 $2,166.73 02-0404 Charter Colony - Tanner Village, Section B & C Daniel T. Schmitt Rhyne Contractors, Incorporated Water Improvements - Wastewater Improvements - Matoaca $69,064.00 $108,760.65 Agenda Item March 24, 2004 Page 3 o o Contract Number: Project Name: Developer: Contractor: Contract Amount: District: Contract Number: Project Name: Developer: Contractor: Contract Amount: District: Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 03-0250 The Village at Swift Creek Service/Office Swift Creek Associates, LP R. J. Smith Construction, Incorporated Water Improvements - Wastewater Improvements - Matoaca $119,050.00 $39,130.00 03-0261 Oaklake Boulevard - Road Extension DuVal Development DuVal Development Water Improvements - Wastewater Improvements - Clover Hill $13,748.60 $6,385.68 03-0264 Mitsubishi Gas Chemical - Port Walthall MGC Advanced Polymers, Incorporated Perkinson Construction Company Water Improvements - Wastewater Improvements - Bermuda $9,374.00 $1,545.90 000 Tz CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: March 24, 2004 Item Number: 10.B. Subiect: Status of General Fund Balance, District Improvement Fund, and County Administrator's Comments: Reserve for Future Lease Purchases Capital Projects, County Administrator: Board Action Requested: Summary of Information: Preparer: Lane B. Ramsey Title: County Administrator: Attachments: BOARD MEETING DATE 07/01/03 11/25/03 11/25/03 11/25/03 11/25/03 11/25/03 11/25/03 11/25/03 11/25/03 11/25/03 CHESTERFIELD COUNTY GENERAL FUND BALANCE March 24, 2004 DESCRIPTION FY2004 Budgeted Beginning Fund Balance Designate excess revenue (County) for non-recurring items in FY2005 Designate excess expenditures (County) for non-recurring items in FY2005 Designate excess expenditures (Schools) for non-recurring items in FY2005 Designate excess expenditures (Schools) for non-recurring items in FY2004 FY03 Results of Operations - Police for use in FY2004 FY03 Results of Operations - Fire for use in FY2004 FY2004 FY03 Results of Operations - MI-I/MR/SA for use in FY2004 FY03 Results of Operations - Projected CSA Shortfall for use in FY2004 AMOUNT (102,908) (3,133,048) (456,699) (349,922) (100,000) (100,000) (lO0,O00) (43,000) (156,000) BALANCE $42,264,186 $42,161,278 $39,028,230 $38,678,308 $38,221,609 $38,121,609 $38,021,609 $37,921,609 $37,878,609 $37,722,609 OO0:l. q Board Meeting Date CHESTERFIELD COUNTY RESERVE FOR FUTURE CAP1TAL PROJECTS TRADITIONALLY FUNDED BY DEBT March 24, 2004 Description FOR FISCAL YEAR 2002 BEGINNING JULY 1, 2001 4/4/2001 FY02 Budgeted Addition 4/4/2001 FY02 Capital Projects 7/25/2001 County's Master Plan Update 9/26/2001 Video equipment for Circuit and General District Courts 10/24/2001 360 West Corridor Plan 11/14/2001 Building Improvements (County Administration) 11/14/2001 Security Enhancements (MI-l/MR and County Administration) 2/27/2002 Consultant study to develop revitalization/ development strategy for the Cloverleaf Mall Area 4/24/2002 Settlement of the Route 10 widening condemnation lawsuit with Heritage Chevrolet 4/24/2002 Government Center Parkway Project - partial funding ($1.25 million project) FOR FISCAL YEAR 2003 BEGINNING JULY 1, 2002 4/10/2002 FY03 Budgeted Addition 4/10/2002 FY03 Capital Projects 8/28/2002 Purchase land for athletic facilities at Spring Run Elementary School, closing costs, and environmental assessment FOR FISCAL YEAR 2004 BEGINNING JULY 1, 2003 4/9/2003 FY04 Budgeted Addition 4/9/2003 FY04 Capital Projects 7/23/2003 National search for a developer to revitalize the Cloverleaf Mall area 10/8/2003 Debris pick-up program due to Hurricane Isabelle Amount 8,800,000 (7,579,700) (85,000) (90,000) (70,000) (170,000) (107,000) (50,000) (250,000) (75,OOO) 8,600,000 (7,277,800) (140,000) 9,354,000 (8,559,300) (44,0OO) (1,000,000) Balance 9,988,012 2,408,312 2,323,312 2,233,312 2,163,312 1,993,312 1,886,312 1,836,312 1,586,312 1,511,312 10,111,312 2,833,512 2,693,512 12,047,512 3,488,212 3,444,212 2,444,212 000175 ~ 0 0176 Prepared by Accounting Department February 29, 2004 SCHEDULE OF CAPITALIZED LEASE PURCHASES Date Began 04/99 06/99 1/01 03/01 04/01 11/00 09/01 03/03 APPROVED AND EXECUTED Description Public Facility Lease - Juvenile Courts Project School Copier Lease #1 - Manchester High School Certificates of Participation - Building Construction, Expansion and Renovation; Acquisition/Installation of Systems Telephone System Upgrade School Copier Lease #2 - Manchester High School School Copier Lease #3 - Chester Middle School School Server Lease Certificates of Participation - Building Construction, Expansion and Renovation TOTAL APPROVED AND EXECUTED Original Amount $16,100,000 43,587 13,725,000 1,222,411 20,268 20,268 278,372 6,100,000 $~7,509,90~ Date Ends 11/19 05/04 11/21 03/05 O3/06 09/05 07/05 11/23 Outstanding Balance 02/29/04 $12,880,000 2,617 11,885,000 200,413 9,62O 7,482 113,886 6,100,000 ~_,199,018 PENDING EXECUTION Description Certificates of Participation - Building Construction, Expansion and Renovation; Acquisition/Installation of Systems Approved Amount $44,560,000 00017? CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: March 24, 2004 Item Number: 10.C. Subject: Roads Accepted into the State Secondary System County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Preparer: Lisa H. Elko Title: Clerk to the Board Attachments: Ycs [---~ No #000175 ~0o~.$0 r~ FY2005 Proposed Budget Public Hearings on March 24, Suggested Text 2004 Chairman calls the meeting to order. "Good Board items: jail; eveninG, this date has been advertised for this to hold seven public hearings on the following (1) appropriation of a refund from the regional (2) proposed changes in the Treasurer's office administrative fees; (3) proposed changes in the Building Inspection ordinance; (4) proposed tax rates for 2004; (5) the proposed 2005-2011 Capital Improvement Program; (6) the proposed 2005 Community Development Block Grant and HOME Annual Plan; and (7) the proposed 2005 and 2006 Biennial Financial Plan commonly referred to as the ~Budget." "Are there any comments before we proceed?" (At this point, Conflict of interest statements will be read by Mr. Micas and Mr. Barber. ) "The purpose of these public hearings is to allow each County resident the opportunity to comment on these items. If you intend to speak, and have not signed one of the public hearing sign-up sheets, please see the Deputy Clerk. All speakers are asked to keep their comments brief and avoid repetition of prior comments. The Clerk will time each speaker, and I will limit each speaker to no more than minutes." ~Before we begin the public hearings, Becky Dickson, Director of Budget and Management, will make a very brief presentation. Becky will get up and quickly go through a few slides '~adamClerk, please call the first public hearing.~ Clerk calls public hearing on the proposed amendment to the FY2004 budget to appropriate $1,203,776.11 in a regional jail refund - introduces Ms. Dickson. Becky summarizes item. "We will now take comments on this item. Madam Clerk." Clerk reads names from list. Comments from public. "Are there any other speakers who wish to comment on the propose~ changes to the FY200~ budget to appropriate a $1,203,776.11 refun~ from the regional jail? This public hearing is now close~." Clerk calls public hearing on proposed changes in the Treasurer's office administrative fees- introduces Ms. Di ckson. Becky summarizes item. "We will now take comments on this item. Madam Clerk." Clerk reads names from list. Comments from the public. "Are there any other speakers who wish to comment on the proposed changes to the Treasurer's office administrative fees? This public hearing is now closed." Clerk calls public hearing on proposed changes in the Building Inspection fees- introduces Ms. Dickson. Becky summarizes item. "We will now take comments on this item. Madam Clerk." Clerk reads names from list. Comments from the public. 4 "Are there any other speakers who wish to comment on the proposed changes to the County's Building Inspection fees? This public hearing is now closed." Clerk calls public hearing on the proposed tax levy for 2004 for various classes of property - introduces Ms. Di ckson. Becky summarizes item. "We will now take comments on tax levies. Madam Clerk." Clerk reads names from list. Comments from the public. "Are there any other speakers who wish to comment on the proposed tax levies? This public hearing is now closed." Clerk calls public hearing on the Capital Improvement Program and introduces Mrs. Dickson. Becky summarizes item. "We will now take comments on the Proposed Improvement Program. Madam Clerk." Capital Clerk reads names from list. Comments from the public. "Are there any other speakers who wish to comment on the proposed Capital Improvement Program? This public hearing is now closed." Clerk calls public hearing on the Proposed 2005 Community Development Block Grant and Home Annual Plan and introduces Mrs. Dickson. Becky summarizes the item. "We will now take comments on the Proposed Community DeveloDment Block Grant and HOME program. Madam Clerk." Clerk reads names from list. Comments from the public. "Are there any other speakers who wish to comment on the proposed 2005 Community Development Block Grant and Home Annual Plan? This public hearing is now closed." Clerk calls public hearing on the proposed 2005 and 2006 Biennial Financial Plan and introduces Mrs. Dickson. Becky summarizes the item. "We will now take comments on the proposed FY2005 and FY2006 biennial budget. Madam Clerk." Clerk reads names from list. Comments from the public. 7 "Are there any other speakers who wish to comment on the proposed 2005 and 2006 biennial budget? This public hearing is now closed." ~This concludes Closing remarks. the public hearings." Disclosure Statement for Edward Barber For many years, I have publicly disclosed that I am emplo'yed as a teacher for the Chesterfield County school system. The Virginia State and Local G°vemment Conflict of Interests Act provides in § 2.2-3115 that I am legally permitted to participate and vote on issues which affect our schools and County employees. I am able to participate fairly, objectively and in the public interest on school-related and County matters and intend to participate in those issues coming before the Board. 0800:56556.3 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Date: irch 24.2004 Item Number: 15.A. Subiect: Public Hearing to Consider the Appropriation of $1,203,776.11 Refund Received from the Riverside Regional Jail Authority County Administrator's Comments: p~_~c.~,-~,~z~c/ ~/~,~ County Administrator: Board Action Requested: Hold a public hearing to consider the appropriation of the $1,203,776.11 per diem refund received from the Riverside Regional Jail Authority. The refund will be used to offset the expected shortfall in the regional jail budget. Summary of Information: This date and time has been scheduled to hold a public hearing to consider the appropriation of $1,203,776.11 received from Riverside Regional Jail Authority (RRJA) as a refund for per diem payments. Last year, the RRJA generated excess funds in the amount of $3,597,071. The RRJA generated excess revenue by selling beds to federal agencies, contracting with the State to hold inmates under the Jail Contract Bed program, and selling beds to member and non-member jurisdictions. The Authority voted to refund, to participating localities, $2,351,585, of which $1,203,776.11 is Chesterfield County's share. Of the funds remaining, $1,000,000 will be deposited into the RRJA expansion fund and $245,486 will be added to the RRJA operating reserve fund to meet bond indenture requirements. Preparer: Rebecca T. Dickson Title: Director, Budget and Mana,qement Attachments: Yes CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: March 24, 2004 Summary of Information (Cont.): The average daily population for Chesterfield County at the Regional Jail in FY2001 was 281.4. In FY2002, the average daily population was 444.6 and in FY2003 the average daily population was 504.7. The average daily population for the current fiscal year, through January, has been 557.4. More arrests and subsequent convictions are two factors contributing to the high populations at both the local and regional jails. If current factors remain constant, the average daily population for the twelve-month period could easily be 567, at a cost of approximately $7,697,500. The current fiscal year budget for per diem payments is $5,500,300. This would cause overspending of more than $2.1 million. The refunded $1.2 million will be used to offset the projected overspending. It is uncertain as to whether revenue excesses and refunds will be generated in the future. As the member jurisdictions continue to increase their utilization of beds, federal inmates, Jail Contract Beds, and non-member jurisdictions will continue to be removed to accommodate the needs of the member jurisdictions. It is also unclear what impact state funding will have on future refunds. An Affiliate of Media General Advertising Affidavit (This is not a bill Ple~ pay from invoice) P, O, Box 85333 Richmond, Virginia 23293-0001 (8O4) 649-6000 VA 23g~2-0040 Date Code ~.~%/'~ 7/2004 TAKE NOTICRTA R'R NOTfCR TH AT TH'f:~i ROARD (} Ad Size 2 O0 x 19.00 ATTACH Media General Operations, Publisher of THE RiCHmOND TIMES-DiSPATCH This is to certify that the attached TAK'R N©TIC'RTAKf~ NOTIC~ Was published by RichmOnd Times. Dispatch, Inc. in the City of R~ch~ond, State of Virginia, on the roll'wing dates: HERE 03/17/2004 The first insertion being given .... Newspaper reference: 1675886 Sworn to subscribed before 7/2004 Supervi State of Virginia C~ty of Richmond My COmmission expires CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~ Date: March 24, 2004 Item Number: 15.B. Subiect: Public Hearing on Proposed Ordinance Amendments Relating to Fees for Collecting Delinquent Taxes County Administrator'sComments: ~c/ /~tc),~--o~ ~ County Administrator: ~ Board Action Requested: Hold a Public Hearing to Consider the Attached Amendments Relating to Treasurer's Office Fee Increases. Summary of Information' This date and time has been scheduled to hold a public hearing on the proposed ordinance increasing fees for collecting delinquent taxes. Staff is recommending an increase in the administrative fee from $20 to $30 for collection of delinquent taxes and other charges and in the administrative fee from $25 to $30 if taxes are collected after judgment. These fees only apply in collection cases (primarily tax liens) where the taxpayer is unresponsive. This occurs in less than 1% of all taxpayers affected by this fee. The Treasurer's cost to pursue such cases exceeds $40 per case. This increase is expected to generate an additional $35,000 per year and will be used to help offset postage costs in the Treasurer's office. The proposed ordinance is attached. Preparer: RebeccaT. Dickson Attachments: Ycs Title: Director of Budget and Manaqement AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 9-5 RELATING TO FEES FOR COLLECTING DELINQUENT TAXES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 9-5 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 9-5. Fee imposed for collecting delinquent taxes. Any person who fails to pay taxes or other charges to the county when due shall be charged a delinquent collection fee. The delinquent collection fee shall consist of administrative costs, attorney's fees, and collection agency fees. Administrative costs shall be: (1) Thirty ~ dollars ($20.00 30.00) if the treasurer collects subsequent to 30 or more days after notice of delinquent taxes or other delinquent charges but prior to judgment; and (2) Thirty ~ dollars ($25.00 30.00) if the treasurer collects the taxes or other charges after judgment. Attorney's fees and collection agency fees shall not exceed 20 percent of the taxes or other charges collected. The entire delinquent collection fee imposed by this section shall not exceed twenty (20) percent of the delinquent tax bill or other delinquent charges and shall be in addition to all applicable penalties and interest. (2) That this ordinance shall become effective immediately upon adoption. 000:1.8 ; CHESTERFIELD COUNTY BOARD OFSUPERVISORS AGENDA Page I of I Meetin~l Date: March 24, 2004 Item Number: 15.C. Subiect: Public Hearing on Proposed Ordinance Amendments Relating to Department of Building Inspection Fee Increases Count, Administrator's Comments: p~~~ . ~ ~=~./z~/ ~/~/-~ County Administrator: Board Action Requested: Hold a Public Hearing to Consider the Attached Amendments Relating to Department of Building Inspection Fee Increases. Summary of Information: This date and time has been scheduled to hold a public hearing on the proposed ordinance amendments in the Building Inspection area. Staff is proposing fee increases that will fund additional positions for the Building Inspection Department. Three positions in the inspections area will help address workload (both the volume and complexity of plans have increased) as well as maintain quality and timely inspections. One additional residential plans reviewer will assist with the workload and allow for a reasonable plan review turnaround time. The proposed increases will also fund technology enhancements to expedite the inspection process for customers. Residential inspection fees are proposed to increase approximately $5 per inspection and will increase a typical single family dwelling permit from $840 to approximately $945. The commercial fees are proposed to increase proportionally by approximately 12%. The last commercial fee increase was in 1998 and was used to fund 2 Fire Department plans review positions. The proposed ordinance is attached. Preparer: Rebecca T. Dickson Title: Director of Budqet and Manaqement Attachments: Ycs AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 5-5 RELATING TO BUILDING PERMIT FEES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 5-5 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 5-5. Permit fees. (a) Generally. Except as provided in this section, every applicant for a building permit must pay the fees set forth in this section before the building official issues a building permit, as required by the Virginia Uniform Statewide Building Code. If an applicant makes a change in the scope of work, a permit amendment is required and additional fees may be assessed in accordance with this section. (b) Fees shall be charged in accordance with the following schedule: (1) General fees: ao State levy: The Commonwealth of Virginia imposes a state levy on all permit fees to fund the state's continuing education and training program for building inspection. All applicants shall be charged the state levy at the same rate charged to the county by the state. b. Administrative fees: Change in construction plans and/or setbacks... ?.0.00 Most closely related fee (i) If the amendment results in a change in the scope of work, additional permit fees may be assessed in accordance with this section. (ii) Change in contractor or lien agent, extensions, take- overs, transfers, reinstatements, and permits for CO purposes... ,10.99 45.00 (iii) Footing and foundation permits: available for permit holders accepting risk to commence with footing/foundation construction prior to building permit approval... 40:00 45.00 0505:64310.1 (iv) Change of use or change of occupancy (no work being done)... 50.00 (v) Credit card fees. All applicants who pay fees by Discover~ credit card shall pay the credit card company's charge for use of the card, in addition to the permit fee. c. Code investigation fees: Residential: 25 percent of applicable permit fee, or $25.99 45.00, whichever is greater. Commercial: 25 percent of applicable permit fee, or $50.99 100.00, whichever is greater. d. Reinspection fees:... 40~ 45.00 eo Refund requests. Refunds shall be allowed only in cases where construction was not started and shall be as follows: Residential: 25 percent of applicable permit fee, or $~ 45.00, whichever is greater. Commercial: 25 percent of applicable permit fee, or $100.00, whichever is greater. ° Environmental engineering fees and state levy are not refundable. f. Temporary certificates of occupancy and renewals: Residential building permits (per unit) and subsequent extensions.., n.9.99 45.00 ° Commercial building permits (per building) and subsequent extensions... 100.00 (i) "Tenant upfit" permits, where work is incomplete under the "shell" permit... No charge (2) Residential building permits: a. Single-family dwellings... 4ghlXl 540.00 b. Modular/manufactured/mobile homes: 2 0505:64310. l 000189 Industrialized buildings, modular homes (without a permanent chassis)... 299.99 225.00 Mobile and manufactured homes on private property... 89.99 90.00 o Mobile and manufactured homes in a mobile home park.. ~,9.99 45.00 c. Additions and other accessory structures:... 315.00 Florida rooms, attached garages, detached garages with occupiable space... ?,9.99 270.00 Detached garages (no second floor occupiable space), double- door car shed~ and finished pool house)... 200.00 225.00 Alterations, and converting deck/porch/garage to finished space ~ ~n nr~ 135.00 4. Porch and chimney additions... 129.99 135.00 o Deck, carport, gazebo, dormers, greenhouse, handicapped ramp, unheated pool house, retaining wall, and boat dock with roof... or~ r~r~ 90.00 6. Sheds: ~ 150-256 square feet including prefab sheds on skids and pole sheds... °.9.99 90.00 Less than 150 square feet and costing less than $500.00 in materials and labor... No permit required d. Renovations and repairs: 1. Renovation, alteration or conversion: (i) Resulting in a change in use of square footage. Unfinished space to finished space (with no new footings ........ 135.00 0505:643 lO. 1 3 000~.~0 (3) (ii) Resulting in no change in use of square footage, where a rough-in inspection is not required... 80.00 90.00 2. Exterior renovation and storm damage repairs... ~.0.00 45.00 3. Chimney relining... ~.0.00 45.00 4. Fire damage repair permits: shall be based upon the most similar permit fee and shall be a minimum fee of... S0.00 90.00 5. Floor joist and foundation repair... 40A~ 45.00 e. Other residential permits: 1. Residential foundation pour inspections... 335.00 (i) Additional fee if concrete testing is required because out- of-specification concrete is used... 100.00 (ii) Additional fee for reinspection when inspector is present and the concrete pour has been canceled or delayed in excess of one hour... 100.00 (iii) As an alternative to the county's foundation pour inspection, the building official may accept inspection reports from qualified, independent engineers who are approved and reliable. 2. Swimming pools (above and in-ground)... 40-Al0 45.00 3. Pool barrier fences (if permitted separately from pool)... 40:00 45.00 4. Relocation (house moving)... !~0.00 180.00 5. Demolition... 40:00 45.00 6. Elevator and wheelchair lift... 40:00 45.00 Residential auxiliary permits: a. Electrical: 1. New single-family dwellings... ,~,,,.,,v~ ~a aa 135.00 2. Industrialized building (modular home)... S0.00 90.00 0505:64310.1 4 000151 Co ° (i) (ii) Additions, renovations, and conversions: Where rough-in inspection is required... $9.99 90.00 Where rough-in inspection is pre-existing... 40:00 45.00 o o Gasl 1. Temporary poles, relocation, service change, installation, replacements, repairs... ,gh00 45.00 Mobile or manufactured homes on private property... 45.00 Mobile or manufactured homes in a mobile home park (hook- ups only)... No fee Natural gas--All new installation:... $90.00 2. Propane gas--all new installations: (i) Gas piping, propane tank and/or product line... 89.99 90.00 (ii) Gas piping to appliances only... 49.99 45.00 (iii) Propane tank and/or product line only... 40A}O 45.00 ~ 3_ Repairs or replacement with like appliance... 40d~ 45.00 Mechanical: 1. Heating, venting and air conditioning (HVAC): (i) New system installation:... 89.99 ,_,f"x System replacement with new ductwork ... ,, ,, . ,, ,,o r~ ar~ 90.00 (iii ii) System replacement without new ductwork... 45.00 2. Woodstove installation... 40d~ 45.00 3. Fuel tank installation and/or removal or replacement... 45.00 0505:64310.1 5 d. Plumbing: 1. New residential single-family dwelling, and condo, townhouse, and duplex (per unit)... 169.99 180.00 2. Industrialized building (modular homes)... $9.99 90.00 3. Addition, renovation and conversion: Where rough-in inspection is required... ~0.99 90.00 Where rough-in inspection is pre-existing... 40:00 45.00 4. Mobile or manufactured homes on private property... 4000 45.00 e. Boiler, and fire {md-w~ (each single-family dwelling)... ~.0.O0 45.00 ao bo do 0505:64310.1 6 go o j- 1 o (4) Commercial building permits: a. Fixed fee for each $1,000.00 or fraction thereof of the estimated construction cost above $2,000, to build, alter, repair, or replace... 7.00 b. Minimum fees: 1. New construction, including apartments (per unit)... 280.00 2. Communication tower... 225.00 3. Additions and commercial decks... 170.00 4. Commercial swimming pools... 170.00 a. Barrier permit, if permitted separately from the swimming pool permit... 50.00 0505:64310.1 7 000~1,94 (5) o o 11. Tenant upfits... 115.00 Pole buildings and pavilions... 115.00 Retaining wall... 115.00 Tents (greater than 900 square feet)... 50.00 Renovations... 115.00 Industrialized building, including foundations... 115.00 Construction/classroom/office trailer installation or relocation ... 5O.00 12. Flagpoles and tents (greater than 900 square feet)... 50.00 13. Satellite dish... 115.00 14. Demolition of a commercial structure... 115.00 15. Change of use, when no work is being performed... 50.00 16. Signs: 1. Estimated cost of $2,000.00 or less... 50.00 Fee for each additional $1,000.00 or fraction thereof of the estimated construction cost... 6.20 Commercial auxiliary permits: ao Electrical, mechanical, plumbing, gas, active solar system, boiler, and well permits, when the cost of labor and materials for installation, alteration, replacement and/or repair is (rounded up to the nearest dollar)? is $1,000.00 or less... 90.00 -2-:. 1_. For each additional $1,000.00 or fraction thereof, of the estimated cost over $1,000.00... 5.59 6.20 Fire/sprinkler and alarm system installations, alterations, replacement and/or repairs when the cost of labor and materials is, $1,000 or less... 90.00 0505:64310.1 8 For each additional $1,000.00 or fraction thereof, of the estimated costs over $1,000.00... 6.20 7.00 (6) Other commercial permits: Annual certificate of compliance for elevators, escalators (per floor), dumbwaiters and man lifts, payable on or before December 31st for the following year... 40A~ 45.00 b. Amusement devices: Administrative amusement permit, where no inspections are required... 10.00 2. Kiddie rides--Type A... 10.00 3. Kiddie rides--Type B... 15.00 4. Major rides... 25.00 5. Spectacular rides... 45.00 (7) Fee exemptions: A building permit fee will not be required where the cost of construction is less than $500.00 and would not require securing any permit for electrical, gas, mechanical or plumbing work in accordance with Section 107 of the Virginia Uniform Statewide Building Code. A building permit fee will not be required for the construction of buildings areas designed and used as a place of worship. Co A building permit fee will not be required for building permits for construction by county departments funded by the general fund. do A building or auxiliary permit fee will not be charged for commercial construction located in an "enterprise zone" as designated by the Commonwealth of Virginia and administered by the Chesterfield County Block Grant Office. This exemption shall continue for the life of the enterprise zone. (c) Disposition of fees. All permit fees required by this section shall be paid by the applicant to the county treasurer when the permit application is filed with the 0505:64310.1 9 building official. The treasurer shall deposit all permit fees in the county's general fund. (2) That this ordinance shall become effective July 1, 2004. 0505:64310.1 10 An Affiliate of Media Genera~ Advertising Affidavit (This is not a bill. P~ease pay ~from invoice) P, O. Box 85333 hmond, Virg inia 23293.0001 (804) 649~6000 CFI ~,~ TEE F}FJ' .D P~(~AR D (>F ,q~ l PER VI.q(~R ,q A~Fi'"N l' .D4A FJ Code Descr'~j~tiorl Ad Size THAT T'H'R P,©ARD © 2.00 x 2900 ATTACH HERE Media General Operations, Publisher of THE RlCHIVlON D TIMES-DISPATCH. This is to certify thai the attached TAKE NOTff;F, TAKR N'©2 : was published by Richmond Times. Dispatch, ~nc. ~n the City of R~chmond, State of Virginia, on the following dates: 03/10/2004 03/17/2004 Newspaper reference: ibed before 1675862 SUpermso CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 1 Meetin~l Date: March 24, 2004 Item Number: 15.D. Subiect: Public Hearing on Proposed 2004 Tax Rates County Administrator's Comments: County Administrator: Board Action Requested: Hold a Public Hearing on Proposed 2004 Tax Rates Ordinance. Summary of Information: This date and time has been scheduled to hold a public hearing on tax levies for the tax year 2004. The County Administrator's Proposed FY2005- FY2006 Biennial Financial Plan assumes a real estate tax rate of $1.07 and anticipates holding all other rates constant. The real estate tax rate advertised for this public hearing is $1.07. This gives the Board of Supervisors the flexibility to adopt a real estate tax rate of $1.07 or lower on April 14. Preparer: Rebecca T. Dickson Title: Director, Budget and Manaqement Attachments: AN ORDINANCE TO ESTABLISH THE ANNUAL TAX LEVY ON VARIOUS CLASSES OF PROPERTY FOR THE COUNTY OF CHESTERFIELD BE IT ORDAINED by the Board of Supervisors of the County of Chesterfield that for the year beginning on the first day of January, 2992 2004, and ending on the thirty-first day of December, 2992 2004, the taxes on property in all the Magisterial Districts of the County of Chesterfield shall be as follows: Sec. 1. Real Property and Mobile Homes. On tracts of land, lots or improvements thereon and on mobile homes the tax shall be $1.07 on every $100 of assessed value thereof. Sec. 2. Personal Property. (a) On automobiles, trailers, boats, boat trailers, other motor vehicles and on all tangible personal property used or held in connection with any mining, manufacturing or other business, trade, occupation or profession, including furnishings, furniture and appliances in rental units, the tax shall be $3.60 on every $100 of the assessed value thereof. (b) On aircraft as defined by Section 58.1-3503 and -3506 of the Code of Virginia, 1950, as amended, the tax shall be $.50 on every $100 of the assessed value thereof. (c) On motor vehicles owned or leased by members of volunteer rescue squads, volunteer fire departments, volunteer police chaplains and by auxiliary police officers as provided in Section 9-57, Code of the County of Chesterfield, 1997, as amended, the tax shall be $.96 on every $100 of the assessed value thereof. (d) On wild or exotic animals as defined by Section 58.1-3506 of the Code of Virginia, 1950, as amended, the tax shall be $0.01 on every $100 of the assessed value thereof. (e) On motor vehicles which use clean special fuels as defined in Section 58.1-2101 of the Code of Virginia, 1950, as amended, the tax shall be $3.24 on every $100 of the assessed value thereof. (f) On motor vehicles, trailers, and semitrailers with a gross vehicle weight of 10,000 pounds or more used to transport property for hire by a motor carrier engaged in interstate commerce, the tax shall be $.96 on every $100 of the assessed value thereof. 0505:64296.1 1 This ordinance will not be reproduced by Municode. Insert in Code book before page 9:1. 000199 Sec. 3. Public Service Corporation Property. (a) On that portion of real estate and tangible personal property of public service corporations which has been equalized as provided in Section 58.1-2604 of the Code of Virginia, 1950, as amended, the tax shall be $1.07 on every $100 of the assessed value thereof determined by the State Corporation Commission. (b) The foregoing subsections to the contrary notwithstanding, on automobiles and trucks belonging to such public service corporations the tax shall be $3.60 on every $100 of assessed value thereof. Sec. 4. Machinery and Tools. On machinery and tools used in a manufacturing or mining business the tax shall be $1.00 on every $100 assessed value thereof. 0505:64296.1 2 This ordinance will not be reproduced by Municode. Insert in Code book before page 9:1. 000200 Advertisin.q Affidavit (This is not a bill P~e~ pay from invoke) P, O, Box ~5333 Richmond, Virginia 23293-0001 (804) ~494000 P (~ '~©X 4(1 03/17/200~ lDate Code Desc~tion Ad Size -FAKE N©TICETAK'E NOTICE THAT THE t~C~ARD ATTACH Media General Operations, lnc. Publisher of THE RIC HIVION D TIMES-DISPATCH TwhaiS is to certify that the attached TAKE NOTiC-ETAK}~ N©T-fC~ S published by RiChmond Times-Dispatch, ]nc, in the Cityef Richmond, State of Virginia, on the following dates: 03/10/2004 03/17/2004 HERE The first insertion beinG Given Newspaper reference: 1675874 Sworn to and subscribed before me this ~~ 0% State of Virginia C~y o¢ Richmond My commission expires Supervisor CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meeting Date: March 24, 2004 Item Number: 15.E. Subject: Public Hearing to Consider the FY2005-2011 Proposed Capital Improvement Program County Administrator's Comments: County Administrator: Board Action Requested: Hold a Public Hearing to Consider the FY2005-2011 Proposed Capital Improvement Program. Summary of Information: This date and time has been scheduled to hold a public hearing on the County Administrator's Proposed Capital Improvement Program for FY2005-2011 which totals $702,834,900 for County, Schools and Utility projects as follows: General County Schools Utilities $227,662,200 324,475,700 150,697,000 $702,834,900 Preparer: RebeccaT. Dickson Attachments: ~ Yes Title: Director, Budget and Management No 000; 1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: March 24, 2004 Item Number: 15.F. Subiect: Public Hearing on the FY2005 Proposed Community Development Block Grant and HOME Annual Plan County Administrator's Comments: County Administrator: Board Action Requested: Hold a Public Hearing on the FY2005 Proposed Community Development Block Grant and HOME Annual Plan. Summary of Information: This date and time has been scheduled to hold a public hearing on the FY2005 Proposed Community Development Block Grant and HOME Annual Plan. The FY2005 recommendation for this program totals $2,446,300 which is comprised of $1,490,700 in new CDBG allotments and $604,500 in new HOME allotments, and $141,100 in Reprogrammed HOME funds, $210,000 in Reprogrammed CDBG funds. The County's Community Development Block Grant and HOME Annual Plan for FY2005 is required to be submitted to the U.S. Department of Housing and Urban Development by May 15, 2004. The submission must follow a required public hearing by the Board of Supervisors. A Review Committee has made its recommendation to the County Administrator on the County's FY2005 CDBG and HOME funding. Preparer: RebeccaT. Dickson Title: Director, Budget and Manaqement Attachments: -~ Yes No ooozoz CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I M tin- Date: March 24_ 2004 Item Number: Subject: Public Hearing on FY2005-FY2006 Proposed Biennial Financial Plan County Administrator: ~ County Administrator's Comments: Board Action Requested: Hold a Public Hearing on the FY2005-FY2006 Proposed Biennial Financial Plan. Summary of Information: This date and time has been scheduled to hold a public hearing on the County Administrator's FY2005-FY2006 Proposed Biennial Financial Plan, which totals $883,886,800 for FY2005 and $907,295,900 for FY2006. Staff will make a brief presentation prior to receiving public input. Preparer: RebeccaT. Dickson Attachments: Yes Title: Director, Bud.qet and Manaqement ~No 00O;804 000~05 000~06 000 ~0";' o ooa .~ ~ 000205 00020~ 0002:1.0 Disclosure and Disqualification Statement of R. M. "Dickie" King, Jr. March 24, 2004 Agenda item [~.t& on today's agenda is a public hearing and relates, in part, to the Fixed Base Operator's Lease Agreement between the County and Dominion Aviation Services, Inc. which governs the operation of the Chesterfield County Airport. The business which I own, King's Komer Enterprises, Inc., leases space from Dominion Aviation and operates the King's Korner Restaurant and catering business at the Airport. Since my business' lease is dependent on the County's FBO lease with Dominion Aviation and the FBO lease is a subject of this agenda item, I am declaring a conflict of interest under the Virginia Conflict of Interest Act and will not participate in the consideration of or voting on item 0425(00):64633.1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: March 24, 2004 Item Number: 15.H. Subiect: Public Hearing Date to Consider 1) Approving a Fourth Amendment to the FBO Services and Lease Agreement with Dominion Aviation Services, Incorporated and a Second Amendment to the Airport Ground Lease for Dominion's Aviation Hangar 2) Consenting the Refinancing of Dominion's Hangar by SunTrust Bank and 3) Authorizing the County Administrator to Execute the Fourth Amendment, the Second Amendment and the Refinancing Consent Agreement on Behalf of the County County Administrator's Comments:~ ~'//~-'~'~'z~-"~ ~~,=,c,~ ~ County Administrator: ~ 7 Board Action Requested: Staff requests that the Board approve and authorize the County Administrator to execute a Fourth Amendment to the existing FBO Services and Lease Agreement with Dominion Aviation Services, Inc., a Second Amendment to the Airport Ground Lease for Dominion's aviation hangar, and a refinancing consent agreement. Summary of Information: The county entered into a FBO Services and Lease Agreement with Dominion Aviation Services, Inc. in 1991 governing the operation of the Chesterfield County Airport. The Fixed Base Operator, Dominion Aviation, is requesting that the Agreement be amended due to (1) a change in the ownership of Dominion Aviation (buy-out of stock of one stockholder and reconfiguring stock ownership of remaining shareholders), and (2) the financing of the stock buy-out and the refinancing of Dominion's existing corporate aviation hangar by the fuel supplier at the Airport, Eastern Aviation Fuels of North Carolina, Inc. and SunTrust Bank. The refinancing of the aviation hangar Preparer: Francis M. Pitaro Attachments: Title: Director, Department of General Services 0425:64682.1 Yes ~ No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 will also require an amendment to the existing Airport Ground Lease and the County's consent to a deed of trust between Dominion and SunTrust for Dominion's aviation hangar. Under Virginia law, a lease of county property, or any amendment to an existing lease, can only be approved by the Board after holding a public hearing. Staff recommends that the Board approve, and authorize the County Administrator to execute on behalf of the County, the two lease amendments an agreement consenting to the hangar refinancing and a memorandum of lease, which will be recorded in the Circuit Court Clerk's Office to reflect the amended Ground Lease. Copies of the documents are attached. 0002~2 SECOND AMENDMENT TO LEASE AGREEMENT This Amendment is made this day of ,2004 by and among the County of Chesterfield, Virginia (hereinafter "Lessor"); Dominion Aviation Services, Inc., a Virginia corporation (hereinafter "Lessee"); Thomas T. Mickel, Jr., shareholder, President and Chief Executive Officer of Lessee (hereinafter "Mickel"); Eastern Aviation Fuels of North Carolina, Inc., a North Carolina corporation (hereinafter "Eastern"); and SunTrust Bank, a Georgia banking corporation (hereinafter, "Sun Trust"); WHEREAS, Lessor and Lessee entered into a ground lease agreement dated November 1, 1998, which ground lease agreement was amended by an Amendment of Lease Agreement dated May 16, 2002 (hereinafter collectively referred to as the "Lease"), and which Lease granted Lessee certain rights and imposed on Lessee certain obligations with respect to the property located at the Chesterfield County Airport and beating the street address of 7427 Airfield Drive; and, WHEREAS, Lessor, Lessee, Mickel, Eastern, and SunTrust desire to make certain amendments to the Lease in order to allow Lessee to obtain additional funds from Eastern and from SunTrust so as to make available to Lessee more resources with which to perform Lessee's obligations under the Lease; and, WHEREAS, Eastern has agreed to provide such additional funds to Lessee upon condition that: (1) Mickel obtains additional ownership interest in Lessee; (2) the shareholders of Lessee pledge their interest in Lessee to Eastern; (3) Eastern becomes entitled to perform the obligations of Lessee pursuant to the terms and conditions of the Lease; and, (4) Eastem be substituted as Lessee under the Lease upon the transfer to Eastern of any ownership interest in Lessee; and, WHEREAS, SunTrust has agreed to provide such additional funds to Lessee, including a $461,000.00 term loan (the "SunTrust Loan") upon the condition that, among other things, SunTrust acquire a collateral security interest in the Lease and the improvements located on the land subject to the Lease (collectively, the "Leasehold Interests"); and, WHEREAS, Eastern is a guarantor of the SunTrust Loan; and, WHEREAS, Lessor has determined that as of the date of this Amendment, Eastern is knowledgeable in airport operations such as those performed by Lessee under the 000213 Lease; that Eastern has knowledge of and access to FBO operators qualified to perform the FBO operations of the Chesterfield County Airport at a level at least equal to the level of the operations currently provided at said airport; that Eastern is financially capable of assuming the obligations of Lessee under the Lease and employing or procuring a FBO operator for the Chesterfield County Airport who will perform at a level at least equal to the current level of performance; that if Lessee ceases to perform its obligations under the Lease, it is in the best interests of Eastern that Eastern cause such obligations to be provided as soon as possible thereafter; and that it is in the best interests of Lessor by better ensuring that the obligations of Lessee under the Lease will be performed as required that Lessor grant to Eastern the right to allow Eastern to be substituted for Lessee as lessee in the Lease in the event Eastern desires to assume the obligations of Lessee under the Lease by acquisition of the stock of Lessee or otherwise; and, WHEREAS, Lessor has determined that it is in the best interests of the County to permit SunTrust to take a collateral interest in the Leasehold Interests; and, WHEREAS, Eastern and SunTrust have entered into an Intercreditor Agreement to determine their relative priorities with respect to their interests in the Lease (the "Intercreditor Agreement"); NOW, THEREFORE, in consideration of the premises and in consideration of the mutual covenants, promises and considerations set forth below, Lessor, Lessee, Mickel, Eastern and SunTrust hereby agree to the following amendments to the Lease. 1. The Lease shall remain in full force and effect and the terms therein shall be controlling to the extent not specifically amended herein. As of the date hereof, rent under the Lease is paid current and there are no defaults under the Lease. Any provision of the Lease to the contrary notwithstanding, the redemption of any ownership interest in Lessee, the transfer of any ownership interest in Lessee to Mickel or to Eastern shall not be a default under the terms and conditions of the Lease. Lessor hereby consents to the redemption of 2 0002 .4 o Ivor Massey's ownership interest in Lessee, the transfer of any ownership interest in Lessee to Mickel or to Eastern by transfer of stock or otherwise. The foregoing notwithstanding, in the event the ability of Eastern to perform the obligations of Lessee substantially changes after the date of this Amendment, Lessor shall have the right to withdraw the foregoing consent with respect to transfers to Eastern. For purposes of this Amendment, a "substantial change" shall mean (a) that Eastern has ceased to be engaged in the business in which it is engaged as of the date of this Amendment; or (b) the net worth of Eastern shall have declined to less than eighty percent (80%) of the net worth of Eastern as shown on the audited financial statements of Eastern for 2002, which financial statements have been provided to Lessor. From the date Eastern assumes the obligations of Lessee under the Lease until the earlier of (a) the date Eastern, with the consent of Lessor, ceases to perform the obligations of Lessee under the Lease; or, (b) the date of the expiration of the Lease, Eastern shall provide to Lessor, annually, audited financial statements of Eastern. In the event any ownership interest in Lessee is transferred to Eastern, Eastern shall be entitled to all of the rights of Lessee under the Lease and thereafter Eastern shall perform all of the obligations of Lessee under the Lease as if Eastern had been the original Lessee. 3 o The provisions of Section 8, Section 9.C., Section 15.A. and Section 20.A of the Lease to the contrary notwithstanding, the Lessee's conveyance of a collateral interest in the Leasehold Interests to SunTrust, and the resulting encumbrance of the Leasehold Interests, is hereby consented to by the County. In the event of a default under the SunTrust Loan, SunTrust shall be entitled to foreclose on its interest in the Leasehold Interests in accordance with the terms of its loan documents, including sale or assignment of the Leasehold Interests. Any such foreclosure shall not affect the validity and continued enforceability of the Lease or the rights of any purchaser or assignee who buys or takes an assignment of the Leasehold Interests from SunTrust, and Lessor shall recognize that purchaser or assignee as the successor lessee under the Lease. Provided that Eastern pays the SunTrust Loan in full, SunTrust is entitled to (and pursuant to the Intercreditor Agreement, is required to) assign its interests in the Leasehold Interests to Eastern, and such assignment shall be permitted under the Lease. From and after the date of this Second Amendment to Lease Agreement, Lessor shall provide each to Eastern and to SunTrust a copy of all notices, including, but not limited to, notices of default, given by Lessor to Lessee pursuant to the Lease, at the same time said notices are provided to Lessee. Lessor shall send the copy of all such notices to Eastern at PO Box 12327, New Bern, NC 28561 or such other address as Eastern provides to Lessor 4 o from time-to-time by notice pursuant to the terms of Section 10 of the Lease. Lessor shall send the copy of all such notices to SunTrust at 919 East Main Street, Richmond, Virginia 23219 (Attn: Commercial Lending) or such other address as SunTrust provides to Lessor from time to time by notice pursuant to the terms of Section 10 of the Lease. Any provision of the Lease to the contrary notwithstanding, in the event Lessee fails to cure any default of Lessee in Lessee's obligations pursuant to the Lease, Lessor shall notify both Eastern and SunTrust that Lessee has not cured such default. Thereafter, (a) if the default of Lessee is the non-payment of any rent or other payments due to Lessor from Lessee, Eastern and SunTrust shall each have the right to cure said default of Lessee within ten (10) business days after the receipt by such party of the notice from Lessor of Lessee's default; or (b) if the default of Lessee is other than non-payment of any rent or other payments due to Lessor from Lessee, Eastern and SunTrust shall each have the right to cure said default of Lessee within sixty (60) days after the receipt by such party from Lessor of the notice of Lessee's default. If Eastern or SunTrust cures the default of Lessee within the applicable cure period set forth above or, in the event the nature of the default of Lessee is such that the default reasonably cannot be cured within said period, if Eastern or SunTrust commences the cure of said default of Lessee within "A COPY TO: said period and pursues the completion of the cure of said default of Lessee with commercially reasonable diligence, then, in either such event, the default of Lessee shall be deemed cured within the terms of the Lease and shall not be a default under the Lease. In the event of the commencement of a bankruptcy proceeding concerning the Lessee, the Landlord agrees that the actual or deemed rejection of the Lease shall not effect a termination of the Lease or affect or impair the fights of Eastern and SunTrust as described in this Amendment. The following provisions of Section 10. "Notices" of the Lease hereby are deleted: Ivor Massey, Jr. 101 Massey Building 4 North Fourth Street Richmond, Virginia 23219." Any further modification of the Lease shall require the written consent of Eastern and SunTrust. 6 1N TESTIMONY WHEREOF, the parties have caused this instrument to be executed in such form as to be binding, this the day and year first above written. DOMINION AVIATION SERVICES, INC. By: President .(SEAL) COUNTY OF CHESTERFIELD, VIRGINIA Approved as to form: By: Lane B. Ramsey County Administrator (SEAL) Deputy County Attorney EASTERN AVIATION FUELS OF NORTH CAROLINA, INC. By: Robert L. Stallings, III President (SEAL) Thomas T. Mickel, Jr. .(SEAL) SUNTRUST BANK By: Name: Title: .(SEAL) 990020-0016-001 NBMAIN~577369\3 7 000 .9 Parcel Identification Number: Prepared by and return to: Margaret W. Swartz Williams Mullen P.O. Box 1320 Richmond, VA 23218-1320 MEMORANDUM OF LEASE 1. NAME OF LESSOR: County of Chesterfield, Virginia 2. NAME OF LESSEE: Dominion Aviation Services, Inc., a Virginia corporation 3. LEASE: (Ground) Lease Agreement, dated November 1, 1998, between the Lessor and the Lessee, as amended ADDRESS OF LESSOR: 9901 Lori Road Chesterfield, Virginia 23832 Attn: County Attorney (not listed in lease) o ADDRESS OF LESSEE: 7511 Airfield Drive Richmond, Virginia 23237 (not listed in lease) 6. DATE OF LEASE: November 1, 1998, as amended 7. DESCRIPTION OF LEASED PREMISES: 7427 Airfield Drive, Richmond, Virginia 23237, which land is improved by an aviation hanger. A description of the land leased is attached hereto and made a part hereof as Exhibit A. 8. TERM: Term of lease commenced November 1, 1998 and expires on December 31, 2028. WITNESS the following signatures and seals: LESSOR: County of Chesterfield, Virginia By: Name: Title: 000 0 LESSEE: Dominion Aviation Services, Inc., a Virginia corporation By: Name: Title: STATE OF CITY/COUNTY OF ., to-wit: The foregoing instrument was acknowledged before me in the City/County of , Virginia this __ day of ,2004, by ., as of County of Chesterfield, Virginia, on behalf of the county. My commission expires: Notary Public STATE OF CITY/COUNTY OF , to-wit: The foregoing instrument was acknowledged before me in the City/County of , Virginia this __ day of ,2004, by , as of Dominion Aviation Services, Inc., a Virginia corporation, on behalf of the corporation. My commission expires: 1014127.02 Notary Public FOURTH AMENDMENT TO THE CHESTERFIELD COUNTY AIRPORT FBO SERVICES AND LEASE AGREEMENT This Amendment is made this day of ,2004 by and between the County of Chesterfield, Virginia (hereinafter "Lessor"); Dominion Aviation Services, Inc., a Virginia corporation (hereinafter "Lessee"); Thomas T. Mickel, Jr., shareholder, President and Chief Executive Officer of Lessee (hereinafter "Mickel"); and Eastern Aviation Fuels of North Carolina, Inc., a North Carolina corporation (hereinafter "Eastern"); WHEREAS, Lessor and Lessee entered into the Chesterfield County Airport FBO Services and Lease Agreement on or about October 18, 1991, which agreement was amended by First Amendment to the Chesterfield County Airport FBO Services and Lease Agreement dated November 1, 1998, Second Amendment to the Chesterfield County Airport FBO Services and Lease Agreement dated February 13, 2003, and Third Amendment to the Chesterfield County Airport FBO Services and Lease Agreement dated October 1, 2003 (hereinafter referred to collectively as the "FBO Agreement"), which FBO Agreement grants Lessee certain rights and imposes on Lessee certain obligations with respect to the management and operation of the Chesterfield County Airport; and, WHEREAS, Lessor, Lessee, Mickel and Eastern desire to make certain amendments to the FBO Agreement in order to allow Lessee to obtain additional funds from Eastern so as to make available to Lessee more resources with which to perform Lessee's obligations under the FBO Agreement; and, WHEREAS, Eastern has agreed to provide such additional funds to Lessee upon condition that: (1) Mickel obtains additional ownership interest in Lessee; (2) Eastern becomes entitled to perform the obligations of Lessee pursuant to the terms and conditions of the FBO Agreement; and, (3) Eastern be substituted as Lessee under the FBO Agreement upon the transfer to Eastern of any ownership interest in Lessee; and, WHEREAS, Lessor has determined that as of the date of this Amendment, Eastern is knowledgeable in the operation of airport fixed base operations such as the fixed base operation of Lessee under the FBO Agreement; that Eastern has knowledge of and access to FBO operators qualified to perform the FBO operations of the Chesterfield County Airport at a level at least equal to the level of the operations currently provided at said airport; that Eastern is 0002 2 financially capable of assuming the obligations of Lessee under the FBO Agreement and employing or procuring a FBO operator for the Chesterfield County Airport who will perform at a level at least equal to the current level of performance; that if Lessee ceases to perform its obligations under the Lease, it is in the best interests of Eastern that Eastern cause such obligations to be provided as soon as possible thereafter; and that it is in the best interests of Lessor by better ensuring that the obligations of Lessee under the FBO Agreement will be performed as required that Lessor grant to Eastern the right to allow Eastern to be substituted for Lessee as lessee in the FBO Agreement in the event Eastern desires to assume the obligations of Lessee under the FBO Agreement by purchase of the stock of Lessee or otherwise. NOW, THEREFORE, in consideration of the premises and in consideration of the mutual covenants, promises and considerations set forth below, Lessor, Lessee, Mickel and Eastern hereby agree to the following amendments to the FBO Agreement. 1. The FBO Agreement shall remain in full force and effect and the terms therein shall be controlling to the extent not specially amended herein. Any provision of the FBO Agreement to the contrary notwithstanding, the redemption of any ownership interest in Lessee, the transfer of any ownership interest in Lessee to Mickel or to Eastern shall not be a default under the terms and conditions of the FBO Agreement. Lessor hereby consents to the redemption of Ivor Massey's ownership interest in Lessee, the transfer of any ownership interest in Lessee to Mickel or to Eastern by transfer of stock or otherwise. The foregoing notwithstanding, in the event the ability of Eastern to perform the obligations of Lessee substantially changes after the date of this Amendment, Lessor shall have the right to withdraw the foregoing consent with respect to transfers to Eastern. For purposes of this Amendment, a "substantial change" shall mean (a) 2 O00ZZ3 o that Eastern has ceased to be engaged in the business in which it is engaged as of the date of this Amendment; or (b) the net worth of Eastern shall have declined to less than eighty percent (80%) of the net worth of Eastern as shown on the audited financial statements of Eastern for 2002, which financial statements have been provided to Lessor. From the date Eastern assumes the obligations of Lessee under the Lease until the earlier of (a) the date Eastern, with the consent of Lessor, ceases to perform the obligations of Lessee under the Lease; or, (b) the date of the expiration of the Lease, Eastern shall provide to Lessor, annually, audited financial statements of Eastern. In the event any ownership interest in Lessee is transferred to Eastern, Eastern shall be entitled to all of the rights of Lessee under the FBO Agreement and thereafter Eastern shall perform all of the obligations of Lessee under the FBO Agreement as if Eastern had been the original Lessee. In the event Eastern fails to perform the obligations of Lessee under the FBO Agreement to the effect that a grant covenant governing the operation of the Chesterfield County Airport, in the opinion of the County, the Virginia Department of Aviation or the Federal Aviation Administration, will be violated, Lessor shall have the right to employ or procure a FBO operator for the Chesterfield County Airport and Eastern shall indemnify and hold harmless Lessor from and against all costs and expenses incurred by Lessor in procuring and employing said 3 000224 o FBO operator; provided, however, that this Section 4 shall not be applicable in the event that said failure is the result of matters or events not reasonably within the control of Eastern or another competent FBO operator similarly situated. From and after the date of this Fourth Amendment to Chesterfield County Airport FBO Services and Lease Agreement, Lessor shall provide to Eastern a copy of all notices including, but not limited to, notices of default given by Lessor to Lessee pursuant to the FBO Agreement at the same time said notices are provided to Lessee. Lessor shall send the copy of all such notices to Eastern at PO Box 12327, New Bern, NC 28561 or such other address as Eastern provides to Lessor from time-to- time by notice pursuant to the terms of Section X of the FBO Agreement. Any provision of the FBO Agreement to the contrary notwithstanding, in the event Lessee fails to cure any default of Lessee in Lessee's obligations pursuant to the FBO Agreement, Lessor shall notify Eastern that Lessee has not cured such default. Thereafter, (a) if the default of Lessee is the non-payment of any rent or other payments due to Lessor from Lessee, Eastern shall have the right to cure said default of Lessee within ten (10) business days after the receipt by Eastern from Lessor of the notice of Lessee's default; or (b) if the default of Lessee is other than non-payment of any rent or other payments due to Lessor from Lessee, Eastern shall have the right to cure said default of Lessee within sixty (60) days after the receipt by Eastern from Lessor of the notice of Lessee's default. If Eastern cures the default of Lessee within the applicable cure period set forth above or, in the event the nature of the default of Lessee is such that the default reasonably cannot be cured within said period, if Eastern commences the cure of said default of Lessee within said period and pursues the completion of the cure of said default of Lessee with commercially reasonable diligence, then, in either such event, the default of Lessee shall be deemed cured within the terms of the FBO Agreement and shall not be a default under the FBO Agreement. Section X.H, of the FBO Agreement is amended by adding at the end of the second sentence thereof the following: "which consent will not be unreasonably withheld." IN TESTIMONY WHEREOF, the parties have caused this instrument to be executed in such form as to be binding, this the day and year first above written. DOMINION AVIATION SERVICES, INC. By: President .(SEAL) COUNTY OF CHESTERFIELD, VIRGINIA Approved as to form: By: Lane B. Ramsey County Administrator (SEAL) Deputy County Attorney EASTERN AVIATION FUELS OF NORTH CAROLINA, INC. By: Robert L. Stallings, III President .(SEAL) NBMAINk577366\3 Thomas T. Mickel, Jr. (SEAL) OOOZZ'7 LANDLORD'S CONSENT, CERTIFICATION, AND NONDISTURBANCE AGREEMENT This Landlord's Consent, Certification, and Nondisturbance Agreement (the "Agreement") is entered into this __ day of ,2004, by and among COUNTY OF CHESTERFIELD, VIRGINIA (the "Landlord") and SUNTRUST BANK (the "Lender"). RECITALS: Ao By a ground lease dated November 1, 1998, as amended, and more particularly described in paragraph 3.1 below (the "Lease"), Landlord leased the premises described in the Lease to Dominion Aviation Services, Inc. (the "Tenant"). Bo The real property described in the Lease is located at 7427 Airfield Drive, Chesterfield County, Virginia, and is more particularly described in Exhibit A attached hereto (the "Premises"). Co The representations and agreements herein are made by and among the parties hereto as further consideration for a loan (the "Loan") made or to be made by Lender to Tenant in the original principal amount of FOUR HUNDRED SIXTY-ONE THOUSAND AND NO/100 DOLLARS ($461,000.00), which Loan is or will be secured by a leasehold Deed of Trust, Assignment of Rents, Security Agreement and Financing Statement (the "Security Instrument") covering Tenant's leasehold estate under the Lease. 1. Consent to Encumbrance. 1.1 Notwithstanding anything to the contrary in the Lease, Landlord hereby consents to the encumbrance of the Tenant's leasehold estate by the Security Instrument securing the Loan. 2. Notice/Right to Cure/New Lease Upon Termination. 2.1 In the event that Tenant defaults under the Lease giving Landlord the right to terminate the Lease (including without limitation any default by reason of bankruptcy or insolvency of Tenant or the Tenant's rejection of the Lease in any bankruptcy or insolvency proceeding), Landlord shall give Lender written notice of default and of Landlord's intention to terminate the Lease. Before terminating the Lease, Landlord shall grant Lender the right to cure or undertake the elimination of such default within 10 days after Lender's receipt of such notice in the event of a payment default and within 60 days after Lender's receipt of such notice in the event of a non-payment default; provided, however, if any default shall occur other than the payment of money which cannot with due diligence be cured within such sixty (60) day period, then Lender shall have such additional time as may be reasonably necessary to cure said default as long as Lender commences a cure within such sixty (60) day period and thereafter diligently proceeds to cure the default. In addition, if the default is non- monetary (including without limitation any default caused by Tenant's failure to discharge -1- 00027,8 2.2 2.3 2.4 or cause to be discharged any lien, charge or encumbrance junior in priority to the Security Instrument), such default shall be deemed cured and the Landlord shall not terminate the Lease if (1) Lender shall, within 60 days after receipt of notice of such default, commence and diligently prosecute such actions as may be necessary for the appointment of a receiver or to cause the foreclosure of its Security Instrument (including without limitation seeking relief from the automatic stay provisions of Section 362 of the Bankruptcy Code or any successor statute in any bankruptcy proceeding affecting such foreclosure); (2) all rents shall be brought current within such 60-day period and shall be kept current throughout such foreclosure proceedings; and (3) Lender or receiver shall undertake in writing to perform all other covenants of Tenant reasonably capable of performance by Lender throughout such foreclosure proceedings except as otherwise set forth herein. In the event of the commencement of a bankruptcy proceeding concerning the Tenant, the Landlord agrees and acknowledges that the actual or deemed rejection of the Lease (or any "New Lease" entered into pursuant to the terms of this Agreement) under any provision of the Bankruptcy Code (Title 11, United States Code) or any successor law having similar effect, shall not effect a termination of the Lease or affect or impair the Lender's lien thereon or rights with respect thereto. If it appears reasonably necessary to the Lender, in order to give legal or practical effect to paragraphs 2.1 and 2.2 hereof, or if a court of competent jurisdiction determines that the Lease has been terminated by operation of law, the Landlord agrees that promptly upon the written request of the Lender, the Landlord will enter into a new lease ("New Lease") of the demised premises to the Lender or its designee (the "New Tenant") upon the same terms and conditions as the Lease except as set forth herein and having a term expiring on the same date as the Lease (including all options to renew but excluding requirements which are not applicable or which have already been fulfilled). Notwithstanding anything to the contrary in the Lease or any other document, the New Lease shall be prior to any mortgage, deed of trust, deed to secure debt or other lien, charge or encumbrance on the fee interest of Landlord, and the New Tenant shall have the same right, title and interest in and to the demised premises and the buildings and improvements thereon as the Tenant had under the Lease. The effectiveness of any provisions of the New Lease entered into with Lender pursuant to this Paragraph 2.3 which are incapable of performance by Lender due to the laws, rules, and regulations pertaining to Lender as a financial institution shall be suspended while the Lender is the lessee under the New Lease. The New Tenant may, without the consent of Landlord, assign its interest under the New Lease by a written assignment pursuant to which the assignee would assume and agree to perform all covenants of tenant thereunder provided that Landlord is delivered a copy of the written assignment promptly following its execution and thereafter, the New Tenant shall be relieved of all obligations under the New Lease. No rejection or termination of the Lease shall operate to extinguish or impair permitted subleases of the demised premises, nor any security interest in or assignment of rents as to those subleases that are in favor of the Lender. Nothing contained in this Agreement shall be deemed to prevent Landlord from pursuing any legal or equitable relief Landlord may 2.5 have against Tenant. Nothing contained in this Agreement shall require Lender to cure any default by Tenant under the Lease or enter into a New Lease with Landlord. Notices hereunder shall be deemed given when personally delivered or one day after forwarding by an express courier service of national standing or two days after mailing by registered or certified mail, return receipt requested, to the parties at the addresses set forth below, as such addresses may be changed from time to time by notice provided in accordance with the provisions of this paragraph 2.5. 3. Certification. If to Landlord: County of Chesterfield 9901 Lori Road Chesterfield, VA 23832 Attn: County Attorney If to Lender: SunTrust Bank 919 E. Main Street Richmond, VA 23219 Attention: Commercial Lending Landlord hereby represents to Lender: 3.1 The Lease, including without limitation all amendments, consists of the following: 3.2 3.3 3.4 (a) (Ground) Lease Agreement dated November 1, 1998, by and between the Landlord and the Tenant. (b) Amendment to Lease Agreement dated May 16, 2002 between the Landlord and the Tenant. (c) Second Amendment to Lease Agreement dated ,2004 among Landlord, Tenant, Eastern Aviation Fuels of North Carolina, Inc., Thomas T. Mickel, Jr. and the Lender. That the commencement date of the Lease was November 1, 1998, and that all rents under the Lease have been paid through ,2004. No actions, whether voluntary or otherwise, are pending against the Landlord under the bankruptcy or insolvency laws of the United States or any state thereof. That the Lease is in full force and effect and has not been modified or amended, other than as may be set forth herein; that all rents and other charges due thereunder have been paid and that there exist no claims for damages or other liabilities of which the Landlord is aware -3- 000230 3.5 3.6 4.2 4.3 4.4 arising out of the Lease or the performance of any terms, covenants or conditions of the Lease. That there are no existing uncured defaults by any party to the Lease nor is Landlord aware of any facts which, with notice or the passage of time, would constitute a default by any party to the Lease. That there are no existing defenses or offsets which Landlord has against the enforcement of the Lease by Tenant. Nondisturbance and Other Agreements. In the event Lender should foreclose the Security Instrument by foreclosure or otherwise, or by acceptance of an assignment-in-lieu of foreclosure, the Lease shall remain in full force and effect and shall remain subject to the terms and provisions of this Agreement as modified hereby. Landlord agrees that the purchaser at such sale or the party accepting such assignment-in-lieu of foreclosure or the transfer thereof shall be entitled to all of the fights, privileges and benefits of Tenant provided under the Lease, including but not limited to application of any advance rents or deposits held by Landlord to obligations under the Lease, and such purchaser or party shall be subject to all the obligations of Tenant under the Lease except as otherwise set forth herein. In the event that Lender shall succeed to the interest of the Tenant under the Lease, whether by foreclosure or assignment-in-lieu of foreclosure, or in the event that Lender shall enter into a New Lease with Landlord in accordance with the terms of this Agreement, then Lender shall have the fight to assign its interest under the Lease or such New Lease to another party notwithstanding any contrary provision contained in the Lease (including without limitation, sections 8, 9(C), 15(A) and 20(A) of the Lease) or the New Lease. Upon the assignment of the Lease or New Lease by the Lender, and the assumption by the assignee of the obligations of the Lender under the Lease or New Lease, as the case may be, the Lender shall have no further liability with respect to the Lease or New Lease. Any assignee of the Lender shall be entitled to all of the fights, privileges and benefits of Tenant provided under the Lease or the New Lease, as the case may be, including, but not limited to, application of any advance rents or deposits held by Landlord to obligations under the Lease or New Lease, and such assignee shall be subject to all obligations under the Lease or New Lease, as the case may be. Landlord agrees that there shall be no merger of the leasehold estate and fee estate in the event that both estates are held directly or indirectly by the same person or entity, so long as the Security Instrument is not released of record. Landlord agrees that Landlord will, upon the request of Tenant or Lender, enter into either (a) an agreement substantially similar to this Agreement with any subsequent lender making a loan secured by the leasehold estate created by the Lease or any New Lease, or (b) an amendment to the Lease or any New Lease containing provisions substantially similar to the provisions of this Agreement. 4.5 This Agreement is governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to principles of conflict of laws. 4.6 This Agreement shall be binding upon and inure to the benefit of the Landlord, the Tenant and the Lender, and their respective heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, the undersigned has caused this agreement to be executed under seal as of the day and year first above written. LANDLORD: COUNTY OF CHESTERFIELD, VIRGINIA By: Name: Title: .(SEAL) LENDER: SUNTRUST BANK 1014434.03 By: Name: Title: (SEAL) 0;O0232 An Affiliate of [~¢~edia General Advertising Affidavit (This is not a bill Please pay from P. O. Bo× 85333 Richmond, V)rginia 23293-0001 (804) ~9-6000 I Date Code [~scdption Ad Size 0%/t 7/2(~04 1 ) i Pl I Ri,:[C NOT:[CETAKE N©TIf;E THAT THE I:{OARD 2 ATTACH Media General Operations, inc. Publisher of THE RICHMOND TllVlES-DISPATCH This is to certify that the attached was published by Richmond Times-Dispatch, Inc, in the City of Richmond, State of Virginia, on the following dates: 03/17/2004 Newspaper reference: t 681382 NOtarY pa blic Su HISIS NOT A BILL; PLEASE PAY FRO~ INVOICE; = CHESTERFIELD COUNTY ~~! BOARD OF SUPERVISORS Page I of 1 AGENDA Meetin~l Date: March 24, 2004 Item Number: 16. Subiect: Adjournment and Notice of Next Scheduled Meeting of the Board of Supervisors County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Motion of adjournment and notice of a regularly scheduled meeting to be held on April 14, 2004 at 3:30 p.m. Preparer: Lisa H. Elko Title: Clerk to the Board Attachments: --1Yes