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10-13-1999 PacketMeetinq Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Qc~ob~r 15, lP9~ Ite~ Number: 5.^. Su~ect: Recognizing October, 1999 as "Quality Month" County Administrator's Comments: County Administrator: ~/~ ~//~~~~.~ Board Action Rea~st-~d~-/' Adoption of attached resolution Summary_ of Information; For nearly two decades, October has been celebrated as "National Quality Month." Organizations are encouraged to partake in festivities to increase awareness of the need for quality and continuous improvement. For the past three years, the Board has issued a resolution to recognize October as "Quality Month" in Chesterfield County and to recognize local organizations dedicated to quality and continuous improvement; namely, the Richmond Chapter of the American Society for Quality (ASQ) and the Association for Quality and Participation (AQP). Sharon L. Randol, Quality Coordinator for Chesterfield County; Mr. Victor Gray, Vice Chairman of the Richmond Chapter of ASQ; and Ms. Virginia Adkins, President of the Richmond AQP; will be present on October 13 to each receive a copy of the resolution and to thank the Board for their support of quality efforts in Chesterfield County. Sharon L. Randol Title: Quality Coordinator Attachments: Yes ~-~No RECOGNIZING OCTOBER 1999 AS ~NATIONAL QUALITY MONTH" WHEREAS, a commitment to excellence in manufacturing, government is essential to our nation's well-being; and service, and WHEREAS, over the years, Virginians have shown great personal pride and interest in developing quality goods and services and in promoting a high standard of excellence in both the public and private sectors; and WHEREAS, from the smallest to largest manufacturing service organizations in the Commonwealth of Virginia, quality is a major concern; and WHEREAS, the individual workers, business leaders, educators, and government officials must work together to promote excellence in the public and private sectors; and WHEREAS, in February 1992, the Chesterfield County Board of Supervisors directed the County Administrator to develop and initiate an ongoing total quality improvement effort aimed at reinventing the way Chesterfield County government services its customers; and WHEREAS, many County employees have already joined the ranks of those in the private sector who are applying quality improvement tools and training in the workplace; and WHEREAS, Chesterfield County has developed ongoing partnerships with quality leaders in the private sector; and WHEREAS, Chesterfield County has distinguished itself as a leader in quality and productivity as evidenced by the receipt of the 1998 Award for Continuing Excellence; and WHEREAS, the Richmond Chapter of the American Society for Quality, and the Richmond Association of Quality and Participation, have provided leadership, programs and networking opportunities in the Greater Richmond area which have been beneficial to both the public and private sectors. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes October 1999 as ~Quality Month" in Chesterfield County and calls its significance to the attention of all its citizens. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: October 13, 1999 Item Number: 5 .Bo Subject; Resolution Recognizing the Richmond Association of Realtors Court _ty Administrator's Comments: Board Action Requested: Adoption of attached Resolution Summary_ of Information; Mr. Daniel requested that the attached resolution be adopted. This resolution is in recognition of the Richmond Association of Realtors for recruiting mentors to work with stullgnts in the City of Richmond and Chesterfield County, and congratulates the Association on its 125th birthday. Attachments: Yes [---] No Director, Public Affhirs RECOGNIZING THE RICHMOND ASSOCIATION OF REALTORS ON ITS 125TH BIRTHDAY WHEREAS, the Richmond Association of Realtors was established in 1874; and WHEREAS, the Richmond Association of Realtors has a long history of active community involvement; and WHEREAS, the association is recruiting mentors to work in the schools in both the City of Richmond and Chesterfield County; and WHEREAS, approximately seventy volunteers will each share an hour per week with a student who needs the attention of a caring adult; and WHEREAS, this mentorship program is an excellent example of community pride and commitment; and WHEREAS, it is noteworthy for an organization such as the Richmond Association of Realtors to celebrate its birthday by giving of itself to the communities in which it works. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the Richmond Association of Realtors and congratulates the association on its 125th birthday, commends its members on their commitment to the youth of Richmond and Chesterfield County and extends best wishes for continued success and many more years of service to the region. Meeting Date: October 13, 1999 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Item Number: Page.~ofl Subject: Resolution Recognizing Nancy Carter Crump County_ Administrator's Comments: Board Action Requested: Adoption of attached Resolution Summary_ of Information: Mr. Daniel requested that the attached resolution be adopted. This resolution is in recognition of Nancy Carter Crump for her vision and dedication as Executive Director of the Chesterfield Historical Society for almost six years. ~o~ald J. Kafi~el ' ~ ~' Attachments: Yes ~ No Director, Public Affairs I# RECOGNIZING MS. NANCY CARTER CRUMP FOR HER SERVICE TO THE CHESTERFIELD HISTORICAL SOCIETY WHEREAS, Ms. Nancy Carter Crump served as the Executive Director, Chesterfield Historical Society for nearly six years; and WHEREAS, under her direction, the historic Magnolia Grange was extensively stabilized and renovated; and WHEREAS, Ms. Crump was responsible for the careful and deliberate restoration of the first floor of the Historic 1917 Courthouse; and WHEREAS, under her direction, the County Museum was reconfigured and modernized, and the gift shop became viable; and WHEREAS, Ms. Crump began the popular Lunchtime Lecture Series and other successful programs and events; and WHEREAS, Ms. Crump was instrumental in the creation and success of major, ongoing efforts, including the County's 250th anniversary, an intern program and more. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Ms. Nancy Carter Crump and expresses its appreciation for her vision, outstanding and dedicated service, and her pursuit of excellence on behalf of all Chesterfield County residents and others who will enjoy and benefit from the work she has done to preserve our history, and wishes her well in her future endeavors. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Ms. Crump and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Meeting Date: October 13, 1999 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Item Number: PageL of_3 Subject: Resolution Recognizing Yvette B. Ridley County_ Administrator's Comments: County Administrator: ~ Board Action Requested: Adoption of attached Resolution Summary_ of Information: Mr. Barber requested that the attached Resolution be adopted. This resolution is in recognition of Yvette B. Ridley's devotion and commitment for nearly three decades to Chesterfield County and the region in a wide range of Human Services programs. Attachments: Yes ~--~ No Director, Public Affairs RECOGNIZING MRS. YVETTE B. RIDLEY FOR OUTSTANDING HUMANITARIAN VOLUNTARISM WHEREAS, Mrs. Yvette B. Ridley has given unselfishly of her time and talents to the youth of Chesterfield County as professor and Chair of Psychology at John Tyler Community College; and WHEREAS, Mrs. Ridley has served children and families as Chairman, Screening Committee of the Children's Home of Virginia Baptist Board from 1975-1995; and WHEREAS, Mrs. Ridley served those in need on the Chesterfield Human Services Coalition from 1990-1992 and as a member and Chair, County Community Services Board; and WHEREAS, Mrs. Ridley served families for many years in the Chesterfield/Colonial Heights Christmas Mother Program, and was chosen as Christmas Mother in 1987; and WHEREAS, Mrs. Ridley represented the interests of Chesterfield's senior citizens on the Capital Area Agency on Aging Board from 1989-1995 and also received the Westminster Canterbury Award for Service to Seniors in 1997; and WHEREAS, Mrs. Ridley devoted her talents to serving as Chair of the Domestic Violence Committee of CARES, an emergency shelter for the homeless, from 1990 to the present; and WHEREAS, in all these endeavors, Mrs. Ridley has personified the caring, commitment and concern for others that mark an exemplary humanitarian. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby public recognizes Mrs. Yvette B. Ridley and expresses its gratitude for nearly three decades of devotion to Chesterfield County and the region in a wide range of Human Services programs, wishes her well on her upcoming ~e!ocation to Florida and commends her for setting the standard for outstanding humanitarian voluntarism, which will long be her legacy. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Ms. Ridley and that this resolution be permanently recorded among the papers of this~o~rd of Supervisors of Chesterfield County, Virginia. CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page__ AGENDA 1 of Meeting Date: October 13, 1999 Item Number: Subject: Work Session to Discuss Background Checks for Certain Employees and Volunteers County Administrator's Comments: Board Action Requ t~eed: Summary_ of Information: Staff will discuss the issue of background checks for certain employees and volunteers. A report on the issue will be delivered to the Board prior to the work session. Preparer: ~ ~--- ,, Title: County Attorney t 0405:46624.1(46445.1) Attaclunents: []Yes 1No [# REPORT ON BACKGROUND SEARCHES ON EMPLOYEES AND VOLUNTEERS PROVIDING SERVICES TO JUVENILES II. III. History and Benchmarked Practices Historically the County has conducted background searches for certain employee groups (such as foster parents, mental health workers, juvenile detention workers, law enforcement, etc.) as required by law or if a "reasonable suspicion" exists to believe that an employee has engaged in misconduct. Other jurisdictions (such as Virginia Beach and Chesapeake) do extensive background checks on their volunteers and still maintain large and successful volunteer programs. Some jurisdictions, including Henrico County, conduct background searches on employees who: (1) handle money, (2) are responsible for or handle financial documents, (3) have access to County records generally and (4) have access to confidential information, in addition to those employees who work with juveniles. What Databases Can Be Searched? Central Criminal Records Exchange (CCRE). The CCRE only includes information on Virginia criminal arrests and convictions. There is no authority to access the national criminal history background check system maintained by the FBI for criminal justice agency use. A bill to permit access to the national system was defeated during the last General Assembly session. Sex Offender and Crimes Against Minors Registry_. National register of serious sexual offenses available through the internet. Co Child Protective Services Central Regist _ry. The Child Protective Services Central Registry of"founded" cases of child abuse and neglect can only be accessed if the data subject signs a release. Whose Records Will Be Searched? The attached ordinance, which is recommended by the County Administrator, would require a background search on County employees and applicants, and on volunteers in the County's established volunteer program, who provide services to juveniles. Searches would also be required on non-clerical Fire Department applicants for employment and volunteers. The ordinance would also permit the County, on a random basis, to search the backgrounds of volunteers who provide services to juveniles from "co-sponsored" organizations (such as youth athletic leagues) should the organization elect to participate. Bo The ordinance would permit searches on the following categories of individuals and require each individual to sign a release form enabling the County to access the records (form is attached): 1. Existing employees who provide services to juveniles. Applicants for County employment who will provide services to juveniles and who have received a conditional offer of employment. ° Current and prospective volunteers who are part of the County's volunteer program and who provide services to juveniles. Non-County volunteer organizations who are "co-sponsored" by the County would be offered an opportunity to use background County searches on their volunteers who provide services to juveniles. Upon receiving a list of all volunteers, County would then conduct a random search and notify co- sponsored organization of any relevant information. The organization would have to remove any individual who has a significant criminal or protective service background in order to continue to use County property or equipment. Upon a written request, an organization may request an individualized search of a volunteer if there is a reasonable suspicion that the volunteer may be in violation of the ordinance. For all participating organizations, the County will automatically search the Sex Offenders and Crimes Against Minors Registry for their volunteers. Non-clerical Fire Department applicants, both for employment and volunteer service. Employees and applicants whose background records are required by state or federal statute to be searched. IV. Administrative Cost of Ordinance: A° The combined direct cost of the background searches is $30.00 per person. Indirect administrative costs are estimated to be $42,800 for the first year which should be reduced to $40,000 for future years. An estimated 400 employees and applicants would have their backgrounds searched in the first year of the program. The County also has 729 volunteers in its established volunteer program who serve juveniles. Total first year cost for employees, applicants and County volunteers would be approximately $36,900. Future years would be at a lesser cost. 2 ge Co Approximately 120 applicants each year would have background checks which would cost $3,600. Do There are as many as 8,400 volunteers serving County programs during the most active seasons of spring through fall. The majority of these volunteers serve juveniles. If volunteers for co-sponsored organizations are searched randomly the annual cost is expected to be $18,000 to be paid by the organizations. Effects of the Recommended Ordinance: mo "Positive" Responses for Current Employees: We may discover that current employees have been arrested for, or convicted of, non-sex related offenses such as: 1. Domestic violence. 2. Drug possession. 3. Theft. 4. Felony bad check. Any offense that is discovered that relates to the employee's employment and is reasonably current would lead to a personnel consequence. We may also discover that an employee did not report a felony conviction on his employment application thereby violating the certification that he had no previous felony convictions. Bo Employee Resistance: We should expect some employees, even those with "spotless" records, to resist having their backgrounds checked. Some may consider this an unwarranted invasion of privacy. Some may simply refuse to sign release forms. The administrative procedure that implements this program will provide that failure to sign the release will result in termination in the same fashion as exists for the County's drug policy. Impact on Volunteers: We should expect that some volunteers will simply choose not to volunteer their time rather than be subjected to a background check. Do Random Searches: As an alternative to universal searches, random searches may be a sufficient deterrent to a person with a criminal background from applying for a County position, volunteering to be a county volunteer or, if a current employee, remaining in his or her position. Likelihood of Incomplete Sample: Given the fluid nature of volunteer work, it is unlikely that we will ever search the complete universe of volunteers. 3 Legislative Changes: We may want to sponsor or support legislative proposals to permit the County to access the national FBI criminal history background check system. Freedom of Information Act: We believe that the results of a background search are personnel records and should not be subject to disclosure under the Freedom of Information Act. 0421:46401.1 4 [COVER SHEET INCLUDING DATA SPECIFICALLY RELATED TO CO-SPONSORED ORGANIZATIONS] IN[ ~MATION REQUEST AND RELE E Pursuant to § 2-79 Chesterfield County Code and § 19.2-389, (-'.ode el' Virginia, Chesterfield County hereby requests background checks on the individual identified below from the Criminal History Records, Sex Offender and Crimes Against Minors Registry, and the Department of Social Services Central Registry. This information is being used for current or prospective employees and volunteers. MAIL REPLY TO: Name: Address: Phone: Identifying Information SEX LAS T NA ME FIRS T MIDDLE MALDEN Social Security # RACE BIRTHDATE LAST NAME FROM PREVIOUS MARRIAGES All other names by which individual has been known Add ress STREET CITY STATE ZiP Prior addresses and dates Current Spouse LAST NAME FIRST MIDDLE MALDEN SEX RACE BIRTHDATE Previous Spouse LAST NAME FIRST MIDDLE MALDEN SEX RACE BIRTHDATE Full Names of Children (Include adult children, step children, foster children, children not living with you. Attach additional page if needed.) NAME SEX RACE BIRTHDA TE NAME SEX RACE BIRTHDA TE NAME SEX RACE BIRTHDA TE NAME SEX RACE BIRTHDA TE I hereby certify that the information contained on this form is true, correct and complete to the best of my knowledge. Pursuant to Section 2.1-382 of the Code of Virginia, I authorize the release of personal information regarding me which is either found in the criminal history records maintained by the Virginia State Police or which is related to any disposition of Founded child abuse/neglect in which I am identified as responsible for such abuse/neglect maintained by the Virginia Department of Social Services or any local department of social services. I also certify that I have not been convicted of a felony or a crime involving a sexual offense or a juvenile. NOTARY SIGNA TURF City/County of Commonwealth/State of Acknowledged before me this~ day of ,19 My Commissioner expires Notary Public 46585.1 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY ADDING A NEW SECTION 2-79 RELATING TO CRIMINAL HISTORY AND CHILD PROTECTIVE SERVICES REGISTRY SEARCHES OF CERTAIN EMPLOYEES AND VOLUNTEERS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That the Code of the Count_ o_fChesterfield, 1997, as amended, is amended by adding a new section 2-79 as follows: ~ Section 2-79 Personnel background searches. P~~ ~' ~ a. In addition to other background searches authorized by local, state or federal law, the County Administrator and his designees are authorized to conduct (1) criminal history record searches (2) sex offender and crimes against minors registry searches and (3) child protective services central registry searches on the following individuals: 1. Full-time and part-time County employees who provide services to juveniles. Applicants for County employment, both full-time and part-time, who will provide services to juveniles and who have received a conditional offer of employment. Non-clerical Fire Department applicants who have received a conditional offer for full-time or part-time employment and applicants selected for Fire Department volunteer service. Current or prospective volunteers under the County's established volunteer program who provide services to juveniles. b. The County Administrator is authorized to identify both employee and volunteer positions which meet the criteria of subsection (a) and to incorporate such list into an administrative policy which implements the provisions of this section. c. The County Administrator or his designees are also authorized to conduct the searches described in subsection (a) on volunteers for organizations that are recognized by the County as co-sponsored organizations and who provide services to juveniles, provided, however that (1) each organization is permitted to elect whether or not to have the backgrounds of its volunteers searched, (2) an organization who elects to have such searches conducted shall submit to the County Administrator a list of its volunteers who provide services to juveniles, (3) background searches on such volunteers will be conducted randomly. d. Employees, applicants and volunteers identified in subsection (b) or randomly selected under subsection (c) shall execute, as a condition of employment or service, the necessary documents to permit the searches described in this section and shall cooperate with all agencies providing information. e. In the interest of public welfare and safety it is necessary to determine whether the past criminal or protective services conduct of each person described in subsections (a) and (c) is compatible with the nature of each person's employment or volunteer service. (2) That this ordinance shall become effective danuary 1, 2000. 0421:46419.1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page ;~ ofl Meeting Date: 09to~er 13. 1999 Item Number: 8.A.1. Subject: Nomination for Appointment to the Board of Building Code Appeals Coun~ Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: G. Warren Vaughan has resigned from the Board of Building Code Appeals due to retirement from active involvement in the practice of architecture. Appointment of an architect will maintain the composition of the Board of Building Code Appeals as previously determined by the Board of Supervisors and required by the Virginia Uniform Statewide Building Code. Under the existing Rules of Procedure, appointments to board and committees are nominated at one meeting and appointed at the subsequent meeting unless the rules of procedure are suspended by unanimous vote of Board members present. Nominees are voted on in the order in which they are nominated. District: Preparer: ' ~/N 1 li~m 'I~.~upler Title: Attachments: Yes No Building Official BOARD OF SUPERVISORS HARRY G. DANIEL CHAIRMAN DALE DISTRICT AR'rHUR S. WARREN VIGE CHAIRMAN CLOVER HILL DISTRICT J. L. McHALE, III BERMUDA DISTRICT RENNY BUSH HUMPHREY MATOACA DISTRICT EDWARD g. BARBER IvilDLOTHI/LN DISTRICT CHESTERFIELD COUN'rY DEPARTMENT OF BUILDING INSPECTION P.O. Box 40 CHESTERFIELD, VIRGINIA 23832-0040 WILLIAM D. DUPLER, BUILI~N~ OFfiCiAL PHONE: 748-1057; FAX:(804) 751-4713 MEMORANDUM LANE B. RAMSEY COUNTY ADMINISTRATOR TO: The Honorable Members of the Board of Supervisors FROM: Lane B. Ramsey, County Administrator DATE: September 21, 1999 SUBJECT: BOARD OF BUlLDING CODE APPEALS On August 16, 1999, G. Warren Vaughan resigned his position on the Board of Building Code Appeals following retirement from the practice of architecture. Mr. James D. Snowa has been suggested as a replacement. Mr. Snowa is an architect with Winks Architecture and resides at 3700 Old Gun Road East in the Midlothian Magisterial District. Mr. Snowa has previous experience as a member of the Richmond Board of Building Code Appeals. Appointment of this individual will maintain the composition of the Board of Building Code Appeals as previously determined by the Board of Supervisors and required by the Virginia Uniform Statewide Building Code. jw-c /A:APB2,1trab999 Providing a FIRST CHOICE community through excellence in public service. Cf l CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~l Date: October '13, 1999 Item Number: 8.^. 2. Subject: Nomination/Appointment to the Disability Services Board County Administrator's Comments: /I II County Administrator: Board Action Requeste .~ Appoint members to serve on the Chesterfield Disability Services Board Summary of Information: The purpose of the Chesterfield Disability Services Board (DSB) is to provide input to County agencies on service needs and priorities of persons with physical and sensory disabilities; provide information and resource referral to local government regarding the Americans with Disabilities Act; and to provide such other assistance and advice to local government as may be requested. The Board will not provide direct services nor employ service delivery staff. Midlothian District and Matoaca District are currently without proper representation on the DSB. The DSB would like to have Sue Golden, Midlothian District, and Janice John.~o~, Matoaca District, appointed as members of their Board. Sue G~ill be filling the u~-~x~ired term of Michael Tubb and the term will expire 12/31/2000. Janice Johnson will be filling the unexpired term of Alfred Cobbs and the term will expire 12/31/2000. Mrs. Humphrey and Mr. Barber concur with these recommendations. Under the existing Rules of Procedure, appointments to boards and committees are nominated at one meeting and appointed at the subsequent meeting unless the Rules of Procedure are suspended by a unanimous vote of the Board members present. Nominees are voted on in the order in which they are nominated. ~x [~ Title: Interaqency Services Administrator J~ne E.-~immelman - Attachments: ~-~ Yes No CHESTERFIELD COUNTY  BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meetin~l Date: October13, 1999 Item Number: $.^.3. Subject: Nomination/Appointment to the Personnel Appeals Board County Administrator's Comments: County Administrator: ~/~-~z2~ ~.~Z~ Board Action Requested: Nominate/appoint a new member to fill a vacancy on the Personnel Appeals Board which resulted from a member resigning. Summary of Information: Ms. Rebecca J. Harrison resigned her position on the Personnel Appeals Board effective August 26, 1999. Ms. Harrison's term was set to expire on December 31, 2000, so a replacement will be needed to serve the remainder of her term. Please see the attached memo regarding recommendation for an At Large appointment. Preparer: ~~ C'. ./~/v~A Title: Director, Human ResourceMgt. ~' ~_ Karla J. (~.~rner Attachments: I Yes -r No # BOARD OF SUPERVISORS HARRY G. DANIEL CHAIRMAN DALE DISTRICT ARTHUR S. WARREN VICE CHAIRMAN CLOVER HILL DISTRICT J. L. McHALE, III BERMUDA DISTRICT RENNY BUSH HUMPHREY MATOACA DISTRICT EDWARD B. BARBER MiDLOTHIAN DISTRICT CHESTERFIELD COUNTY P.O. Box 40 CHESTERFIELD, VIRGINIA 23832-0040 LANE B. RAMSEY COUNTY ADMINISTRATOR MEMORANDUM TO: FROM: Honorable Members of the Board of Supervisors Lane B. Ramsey, County Administrator DATE: September 24, 1999 SUBJECT: Nomination/Appointment to the Personnel Appeals Board Ms. Rebecca J. Harrison resigned her position on the Personnel Appeals Board effective August 26, 1999. Ms. Harrison's term was set to expire on December 31, 2000, so a replacement will be needed to serve the remainder of her term. Ms. Chris Zitzow has expressed interest in serving on the Personnel Appeals Board for the remainder of Ms. Harrison's term, and I am requesting that you consider her nomination/appointment. Her resume is attached. r,J h Attachment Providing a FIRST CHOICE community through excellence in public service. · ~ROM : DATGD ~ PHONE NO. : 8~4744~511 ~ S~p. 01 1999 12:12~M P2 CHRIS M. ZITZOW Ms. Zitzow is a Regional Vice President with DMG-MAXIMUS, Inc. She has over 20 years consulting experience with state and local governments and non- profit organizations, Ms. Zitzow has extensive experience with human resource management consulting, revenue enhancement and grants management accounting, particulaHy in the area of cost principles for state and local governments. She coordinates the firm's OMB Circular A-87 Committee with OMB and numerous federal agencies regarding cost allocation methodology and regulations. AREAS OF EXPERIENCF Directed a statewlde classification study for 122 local human services agencies. The purpose of the study was to examine how the classification system should be changed to reflect changes in welfare reform. Over 73 classifications were reviewed during the study. In addition, a random sample of ?,000 employees and 24 agency site visits were completed as part of the study. Directed local government cost allocation plan studies for several large Virginia human service agencies including Fairfax County and the City of Norfolk. These studies were used to allocate costs under the new Welfare Reform Act. Directed numerous cost allocation plans and Indirect cost rate studies for several states, including the Commonwealth of Virginia, State of Maryland, State of Delaware, State of New Jersey, and District of Columbia. Directed a regional government study for the Commonwealth of Virginia Senate Finance Committee. This study examined consolidation opportunities for human services, utilities and transportation services in the Richmond Metro area. · Directed user fee and organizational development studies in Virginia, DC, Maryland, Delaware, and New Jersey. Directed a project for frye United Nations specialized agencies to develop a cost methodology for allocating support costs to UN funded development projects in undeveloped countries. The result of this study was the implementation of a uniform method for allocating and charging tachnical assistance and administrative costs to United Nations development projects. This methodology was accepted and implemented by the United Nations system. Chris M. Zitzow F~ROM : DATGD ~ PHONE NO, : 80474445il ~ S~p. 01 lS99 12:$2PM P3 Page 2 Developed a public works labor rate costing methodology for projects administered by cities which was approved and implemented by the Virginia Department of Highways and Transportation, Developed grant proposals and budgets for the Virginia Center on Aging with the US Department of Health and Human Services. Developed over 350 grant funding packages for the Richmond Redevelopment and Housing Authority urban renewal program, including the Section 8, Section 202 and Mod-Rehab programs, Published articles and presented numerous seminars on Circular A,87 and A-122. Developed indirect cost proposals for the Commonwealth of Virginia. Assisted state agencies with the preparation of rate proposals. Authored a publication entitled "The Art of Indirect Cost Recovery." Wrote an article on the principles of OMB Circular A-8? for GFOA. Directed and developed several organizational studies to assess the efficiency and effectiveness of government services. Also directed studies to assist local governments with evaluating consolidation and privatization opportunities. · Coordinated development of a publication on Unfunded Mandates for the National Association of Counties (NACO). Coordinates the firm's OMG A-87 Committee with OMB and other federal agencies. EDUCATION Ms, Zitzow received a Bachelor's degree in Sociology from James Madison University and a Masters of Public Administration degree from Virginia Commonwealth University. She is an active member of the International Rotary Organization. CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of_3._ AGENDA Meeting Date: October 13, 1999 Item Number: 8. A. 4. Subject: Nomination and Appointment of Directors to the Greater Richmond Transit Company ("GRTC') Board of Directors and Authorization to Elect Directors at GRTC Annual Meeting County_ Administrator's Comments County Administrator: ~~.~~//~ ~~/~ Board Action Req suited: Nominate and appoint three County directors to the GRTC Board for a one-year term and authorize the County Administrator or his designee to appear at the October 20, 1999 GRTC annual meeting to vote for the directors appointed by the Board and by Richmond City Council Summary_ of Information: GRTC is a publicly-owned corporation which was formed to provide public transportation services in the Richmond regional area. Chesterfield County and the City of Richmond each own 50% of GRTC as its two sole shareholders. GRTC is governed by a six-member board of directors, three appointed by the County and three by the City. The term for David W. M.athe_ws, .Daniel K. ~ and S. Joseph Ward, the County's current GRTC Directors, w~i-e~e on October 20, 1999,- the date of the next GRTC annual share-holder's meeting. Under the GRTC by-laws, the Board may reappoint the current directors to the next term or may appoint new directors. There are no eligibility requirements to serve as a director on the GRTC Board and the term of office is one year. Mr. Mathews, Mr. Smith, and Mr. Ward have expressed their willingness to continue to serve an additional term. Under the existing Rules of Procedure, appointments to boards and committees are nominated at one meeting and appointed at the subsequent meeting unless the Rules of Procedure are suspended by a unanimous vote of the Board members present. Nominees are voted on in the order in which they are nominated. The GRTC Articles require the County and the City of Richmond, as GRTC's shareholders, to vote at the October 20, 1999 annual meeting for the three Directors appointed by the other jurisdiction. The Board should, therefore, also authorize the County Administrator or his designee to appear at the October 20 annual meeting and vote on behalf of the County for the GRTC Directors appointed by the Board and by City Council. Preparer: ~,(~~ Steven L. Micas Attachments: [] Yes I No Title: County Attorney 0421:46286.1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 4 Meeting Date: October 13, 1999 Item Number: 8. B. Subject: Streetlight Installation Approvals County Administrator's Comments: County Administrato~/~~~~~f Board Action Requested: This item requests Board approval of Streetlight Installations in the Dale District and requests additional funding for two Streetlight Installations in the Matoaca District. Summary of Information: Streetlight requests from individual citizens or civic groups are received in the Department of Environmental Engineering. Staff requests cost quotations from 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: Streetlights should be located at intersections; 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; 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. CONTINUED NEXTPAGE Preparer: f~~~~ 'l~ichard fi. M~fish, P.E. Attachments: Yes ~] No Title: Director, Environmental Engineering CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page2 of 4 Summary. of Information: (Continued) Cost quotations from 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 Virginia Power to install the streetlight. A denial will cancel the project and staffwill so notify the requestor. A deferral will be brought before the Board again when specified. DALE DISTRICT: Bryanwood Road, midway between Daleshire Drive and Dalebrook Drive, Meadowdale Subdivision Cost to install light: $365.54 Does not meet minimum critera for intersection or vehicles per day Daleshire Drive, vicinity of 5407, Meadowdale Subdivision Cost to install light: $270.28 Does not meet minimum critera for intersection or vehicles per day Claudehart Road, vicinity of 6325, Meadowdale Subdivision Cost to install light: $317.59 Does not meet minimum critera for intersection or vehicles per day Irongate Road and Tumgate Road, Irongate Subdivision Cost to install light: $4,200.73 Does not meet minimum criterion for petition MATOACA DISTRICT; These two installations were previously approved as noted. Both approvals were based on cost estimates that exceeded the 60 day validity period. Virginia Power has re-evaluated the costs based upon current market prices for materials. The new costs are valid until October 30, 1999. Approved at the July 28, 1999 Board meeting in the amount of $4,452.88 (Cost estimate was 99 days old on that date): Passaic Avenue and Sonnenburg Drive, Mistwood Forest Revised cost to install light: $ 5,041.49 Additional Funding Required for Installation: $588.61 CONTINUED NEXT PAGE CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 4 Summary. of Information: (Continued) MATOACA DISTRICT (Continued): Approved at the August 25, 1999 Board meeting in the amount of $5,451.48 (Cost estimate was 127 days old on that date): Eagle Rock Avenue and Mistwood Forest Drive (north intersection), Mistwood Forest Revised cost to install light: $ 5,514.60 Additional Funding Required for Installation: $63.12 # CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 4 of 4 Meetino Date: October 13. 1999 Number Budget and Management Comments: The unaudited balance in the Matoaca District Improvement Fund is $68,096; approval of uses totaling $7,652 will leave a balance of $60,444. The unaudited balance in the Dale District Improvement Fund is $68,102; approval of uses totaling $7,654 will leave a balance of $60,448. Preparer: Rebecca T. Dickson Title: Director, Bud,qet & Mana,qement STREETLIGHT REQUEST Dale District Request Received: Estimate Received: NAME OF REQUESTOR: ADDRESS: June 28, 1999 September 3, 1999 Estimate Requested: July 1, 1999 Days Estimate Outstanding: 64 Cost to install light: $ 270,28 Nancy Hughes 6317 Daleshire Drive Richmond, VA 23234 REQUESTED LOCATION IS THE INTERSECTION OF: REQUESTS ARE NOT AT AN INTERSECTION. REQUESTED LOCATIONS ARE: Daleshire Drive, vicinity of 6407, Meadowdale Subdivision POLICY CRITERIA: Intersection: Vehicles per Day: Petition: Staff or Requestor Comments: NONE Not Qualified, location is not an intersection Not Qualified, locations has less than 400 VPD Qualified STREETLIGHT REQUEST Dale District Request Received: Estimate Received: NAME OF REQUESTOR: ADDRESS: June 28, 1999 September 3, 1999 Estimate Requested: July 1, 1999 Days Estimate Outstanding: 64 Cost to install light: $ 317.59 Nancy Hughes 6317 Daleshire Drive Richmond, VA 23234 REQUESTED LOCATION IS THE INTERSECTION OF: REQUESTS ARE NOT AT AN INTERSECTION. REQUESTED LOCATIONS ARE: Claudehart Road, vicinity of 6325, Meadowdale Subdivision POLICY CRITERIA: Intersection: Vehicles per Day: Petition: Staff or Requestor Comments: NONE Not Qualified, location is not an intersection Not Qualified, locations has less than 400 VPD Qualified STREETLIGHT REQUEST Dale District Request Received: Estimate Received: NAME OF REQUESTOR: ADDRESS: June 28, 1999 September 3, 1999 Estimate Requested: July 1, 1999 Days Estimate Outstanding: 64 Cost to install light: $ 365,54 Nancy Hughes 6317 Daleshire Drive Richmond, VA 23234 REQUESTED LOCATION IS THE INTERSECTION OF: REQUESTS ARE NOT AT AN INTERSECTION. REQUESTED LOCATIONS ARE: Bryanwood Road, midway between Daleshire Drive and Dalebrook Drive POLICY CRITERIA: Intersection: Vehicles per Day: Petition: Staff or Requestor Comments: Not Qualified, location is not an intersection Not Qualified, locations has less than 400 VPD Qualified NONE Street Light Request Map October 1, 1999  YBROOK DR Cl L Street Light Legend ~] ~xisting light ~] requested light This map shows citizen requested streetlight installations in relation to existing streetlights. Existing streetlight information was obtained from the Chesterfield County Environmental Engineering De~. 1 ',, 721.~TIfiM Request Received: Estimate Received: NAME OF REQUESTOR: ADDRESS: POLICY CRITERIA: Intersection: Vehicles per Day: February 11, 1999 September 27, 1999 STREETLIGHT REQUEST Dale District Estimate Requested: Days Estimate Outstanding: Cost to install light: $4,200.73 Lucille T. Page 6631 Turngate Road Richmond, VA 23234 REQUESTED LOCATION IS THE INTERSECTION OF: Irongate Road and Turngate Road, Irongate Subdivision REQUESTS ARE NOT AT AN INTERSECTION. REQUESTED LOCATIONS ARE: Petition: Staff or Requestor Comments: NONE February 12, 1999 228 Qualified Qualified Not Qualified, 12.5% of residents within 200 feet of the location signed the petition; the Streetlight Policy petition requirement is 75% of residents within 200 feet Stre~ Light Request Map October 13~_1999 ~ rtu~ i~ a eopyr~ght~ p~t of tae ~ co~y ats offtee. Street Light Legend exisang light requested light This map shows citizen requested streetlight installations in relation to existing streetlights. Existing streetlight information was obtained from the Chesterfield County Environmental Engineering Department. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 13, 1999 Item Number: 8. c. 1. a. Subiect: Adoption of Resolution Recognizing Mr. Arthur L. Limerick Upon His Retirement from Chesterfield County County Administrator's Comments: County Administrator:/ /?_~~.~~/~ Z'z~ ,,Board Action Requested:~ Staff requests the Board adopt the attached resolution. Summary of Information: Staff requests the Board adopt the attached resolution recognizing Mr. Arthur L. Limerick upon his retirement from the Department of General Services. Mr. Limerick is unable to be present at the meeting. See attached resolution. Preparer: Franc'is M. Pitaro Title: Director, General Services Attachments: Yes RECOGNIZING MR. ARTHUR L. LIMERICK UPON HIS RETIREMENT WHEREAS, Mr. Arthur Limerick retired on October 1, 1999, after providing twenty-one years of dedicated and faithful service to Chesterfield County; and WHEREAS, Mr. Limerick began his service in July 1978 as a laborer in the Department of General Services' Buildings and Grounds Division; and WHEREAS, Mr. Limerick has seen the County's physical plant grow from one hundred thousand square feet to over one million square feet and fifty-five buildings; and WHEREAS, Mr. Limerick performed his duties and responsibilities in a dependable manner after responding to emergencies after normal work hours and on weekends; and WHEREAS, Mr. Limerick always placed the welfare and safety of citizens and fellow County employees above his own personal comfort and feelings and will be missed by his fellow co-workers; and WHEREAS, Mr. Limerick is known for his friendly, easy going manner and his ability to get along with his fellow workers. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mr. Arthur L. Limerick and extends their appreciation for his twenty-one years of dedicated service to the County, their congratulations upon his retirement, and their best wishes for a long and happy retirement. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: October 13, 1999 Item Number: $.C-l-c Subject: Resolution Recognizing October 13, 1999 as %AVE Day in Chesterfield County" County Administrator's Comment~: County Administrator: Board Action Requested: Summary of Information: Ms. Patricia Zimmerman, 2nd Vice President of the Richmond Academy of Medicine Alliance, Incorporated has requested that the Board adopt the attached resolution. Preparer: (-"~"~ c_ ~_~ Title: Lisa H. Elko Attachments: Yes ~-] No Clerk to the Board RECOGNIZING OCTOBER 13, 1999 AS '~SAVE DAY IN CHESTERFIELD COUNTY" WHEREAS, violence is among the leading causes of death in America, and has replaced disease as the number one killer of children; and WHEREAS, domestic violence has devastating effects on a woman's physical and emotional well-being, and her ability to care for her children; and WHEREAS, violence comes in many forms; sexual violence; gang and peer-related violence committed by youth of all ages; family violence; street violence; and violence in the media; and WHEREAS~ billions of dollars per year are attributable to preventable violence-related deaths and injuries and add a tremendous burden to America's health care system; and WHEREAS, the first step toward unraveling the many layers of our nation's violence problems can begin with awareness; and WHEREAS, awareness and prevention are the heart of the SAVE Program and of its cornerstone event, SAVE Today for Tomorrow, during which physicians' spouses across the country will join efforts to Stop America's Violence Everywhere (SAVE); and WHEREAS, members of the Richmond Academy of Medicine Alliance, Incorporated will lead the effort to urge local citizens to search for ways we can all help Save (Stop America's Violence Everywhere); NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes October 13, 1999 as "Save Day in Chesterfield County". CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: October 13, 1999 Item Number: 8.C. 1.d. Sub|ect: Riverside Regional Jail Authority - LEOS Benefits County Administrator's Comments: ~ Board Action Req~u_ e_~t~d: Staff recommends that the Board adopt the attached resolution. Summary_ of Information: At the August 26, 1999 meeting of the Riverside Regional Jail Authority, a resolution was adopted by the Board to include sworn officers and j ail superintendents into LEOS (Law Enforcement Officers Retirement System), an enhanced benefit program through the Virginia Retirement System. The addition of regional jail officers into LEOS was made possible by an amendment to the State Code passed by the 1999 General Assembly. The legislation was passed to allow Regional Jails to remain competitive in the hiring and retention of employees. In accordance with the process established by the General Assembly for all regional jails the Riverside Regional Jail may include their officers in the LEOS system with the approval of the local Regional Jail Authority and all of the governing bodies of the participating jurisdictions. Thus, all seven member localities must adopt a resolution agreeing with the Jail Authority action in order for enhanced benefit program to become effective. Preparer: ~)[~~]I ~  Title: County Attorney "X~e~'~'n L M:icas 1221:46587.1 Attachments:' Yes E3No I CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 rdeetin_o Date: October 13. t999 Number Budget and Management Comments: This item requests the Board to adopt a resolution supporting the inclusion of Riverside Regional Jail sworn officers and jail superintendents in the Law Enforcement officers Retirement System (LEOS). This is an enhanced benefit program through the Virginia Retirement System. The total cost of the enhanced benefit is approximately $600,000 annually. Additional Compensation Board funding will offset approximately $175,000 of this cost, for a net.cost of approximately $425,000. The seven member jurisdictions will share in 37.5% of the enhanced benefit cost. The financial obligation of Chesterfield County is $67,456, which represents 15.9% of the total member jurisdiction's costs. There is no projected increase to the County's annual per diems for FY2000. However, in future years, the County's share of the enhanced benefit may translate into an approximate $1 increase in per diems. The Riverside Regional Jail Authority is required to present a FY2001 Budget to the member jurisdictions in January, 2000 and adoption is required in March, 2000. For projection purposes, staff has assumed the $1.0 increase in per diems in FY2001 and beyond. Preparer: Rebecca T. Dickson Title: Director, Budget & Management AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA, ON OCTOBER 13, 1999 RESOLUTION ALLOWING SUPERINTENDENT AND SWORN JAIL OFFICERS OF THE RIVERSIDE REGIONAL JAIL AUTHORITY TO PARTICIPATE IN THE LEOS SYSTEM OF BENEFITS. RESOLUTION WHEREAS, the 1999 Virginia General Assembly enacted legislation allowing the Superintendent and sworn jail officers of regional jails to participate in the Law Enforcement Officers Retirement (LEOS) system of benefits available to state police officers, state correctional officers and sheriffs' deputies in those jurisdictions which have chosen to participate in such program; and WHEREAS, the Riverside Regional Jail Authority voted at its meeting of August 26, 1999 to include the Superintendent and sworn officers in such program in order to remain competitive in the hiring and retention of employees, subject to the approval by each of the governing bodies participating in the jail authority; and WHEREAS, the Riverside Regional Jail Authority requests each of the governing bodies to adopt this resolution authorizing such participation. NOW THEREFORE, be it resolved that Chesterfield County, a political subdivision which is a member of the Riverside Regional Jail Authority, acting by and through its governing body, does hereby concur that the Riverside Regional Jail Authority, participating in the Virginia Retirement System under Title 51.1, Chapter 1, Article 5 of the Code of Virginia, as amended, may elect to have such employees of the Jail who are employed in positions as full time salaried Page 2 of 2 Jail Superintendents and Jail Officers and whose tenure is not restricted as to temporary or provisional appointment, become eligible, effective November 1, 1999 or as soon thereafter as approval is received from each of the governing bodies of the participating jurisdictions, to be provided benefits in the Virginia Retirement System equivalent to those provided for State Police officers of the Department of State Police, state correctional officers and sheriff' s deputies in those jurisdictions which have chosen to participate in such program, as set out in Section 51.1- 138 of the Code of Virginia, in lieu of the benefits that would otherwise be provided as such Code has been or may be amended from time to time. Ayes ~ Nayes: Harry Daniel Chairman of the Board of Supervisors Lane B. Ramsey County Administrator CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~l Date: October 13, 1999 Item Number: 8.C.l.e. Subject: Adoption of Resolution approving the Hotel Tax Payment Agreement and Interlocal Agreement to support the Richmond Convention Center Financing County Administrator's Comments: County Administrator: Board Action Requeste -~// Approval of attached resolution. Summary of Information' In July, 1998, the Board reviewed plans for the expansion of the Richmond Convention Center and approved a change to the Transient Occupancy Tax to help finance that expansion. Since that time the Convention Center Authority has worked to finalize construction plans and the financing structure for the expansion. The Hotel Tax Payment Agreement and Interlocal Agreement describe the jurisdictions' intentions and responsibilities under the financing structure. These agreements have been reviewed and approved as to form by the County Attorney. The plans for financing the new Center anticipate the sale this year of approximately $160,000,000 in bonds to be repaid over 30 years. The Authority further plans to use funds transferred from the participating localities, equal to amounts the localities collect from transient occupancy taxes, to repay the bonds. The Hotel Tax Payment Agreement defines the jurisdiction's intention, subject to appropriation, to transfer these funds to the Authority. Preparer~/~~//~ Title~ Deputy County Administrator Attachments Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meetin~l Date: October 13, 1999 Item Number: Richmond, Henrico, Chesterfield and Hanover have agreed to share in the cost of the Center at specified rates(50%, 35%, 13%, and 2%, respectively). The Interlocal Agreement defines the terms by which the localities will achieve these cost shares. By approving the attached resolution the Board approves the form of the Agreements, and authorizes the County Administrator to execute the agreements in substantially the attached form. RESOLUTION APPROVING THE FORMS OF A HOTEL TAX PAYMENT AGREEMENT AND AN INTERLOCAL AGREEMENT, BOTH PREPARED IN CONNECTION WITH A FINANCING TO BE UNDERTAKEN BY THE GREATER RICHMOND CONVENTION CENTER AUTHORITY, AND AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH DOCUMENTS WHEREAS, pursuant to the Public Recreational Facilities Authorities Act (Chapter 56, Title 15.2, Code of Virginia of 1950, as amended), the City of Richmond, Virginia, and the Counties of Chesterfield, Hanover and Henrico, Virginia (each a "Participating Jurisdiction" and collectively, the "Participating Jurisdictions") have created the Greater Richmond Convention Center Authority (the "Authority") for, among others, the purpose of owning and operating the Greater Richmond Convention Center (the "Center") located in the City of Richmond; WHEREAS, pursuant to the terms of an Indenture of Trust (the "Indenture"), between the Authority and a corporate trustee (the "Trustee"), the Authority expects to issue its Hotel Tax Revenue Bonds (Convention Center Expansion Project), Series 1999, the proceeds of which will be used to acquire, construct, reconstruct, expand and equip the Center; WHEREAS, pursuant to the provisions of Section 58.1 - 3819 et seq. of the Code of Virginia of 1950, as amended, and Section 2.02 of Chapter 116 of the Acts of the Assembly of 1948, as amended and reenacted by Chapter 711 of the Acts of Assembly of 1998, and Article VII of the Code of the City of Richmond, Virginia (collectively, the "Hotel Tax Legislation"), the Participating Jurisdictions are authorized to levy a transient occupancy tax on hotels, motels, boarding houses, travel campgrounds and other facilities offering guestrooms rented out for continuous occupancy for fewer than thirty consecutive days (collectively referred to as the "Hotel Tax") in a maximum aggregate amount equal to eight percent (8%) of the charge for the occupancy of any room or space occupied; WHEREAS, each Participating Jurisdiction has by appropriate ordinance begun to levy the Hotel Tax and has agreed to use the revenues collected from the Hotel Tax for the benefit of the Center; WHEREAS, the Participating Jurisdictions propose to enter into a Hotel Tax Payment Agreement (the "Hotel Tax Payment Agreement") whereby each Participating Jurisdiction agrees, subject to the appropriation by its respective governing body of sufficient funds for such purpose, to transfer amounts equal to the Hotel Tax revenues collected by such Participating Jurisdiction to the Trustee for the account of the Authority; WHEREAS, the Participating Jurisdictions propose to enter into an Interlocal Agreement (the "Interlocal Agreement") providing for (a) the manner in which any moneys transferred from the Residual Fund established under the Indenture to a fiscal agent will be distributed to the Participating Jurisdictions and (b) an agreement by each Participating Jurisdiction that, to the extent its annual Tax Payments are less than its Allocated Share (as each term is defined in the Interlocal Agreement), it will, subject to the appropriation of its governing body of sufficient funds for such purpose and subject to the application of any credits, reimburse the other Participating Jurisdictions to the extent that their annual Tax Payments (less any prior disbursements from the Residual Fund) exceed their respective Allocated Shares; and WHEREAS, the most recent drafts of the Hotel Tax Payment Agreement and the Interlocal Agreement have been presented to this meeting for approval as to form; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, THAT: 1. The forms of the Hotel Tax Payment Agreement and the Interlocal Agreement presented to this meeting are hereby approved. The County Administrator is hereby authorized to execute and deliver the Hotel Tax Payment Agreement and the Interlocal Agreement, each in substantially the form presented hereto, with such completions, omissions, insertions and changes not inconsistent with this Resolution as shall be necessary to reflect accurately all negotiations among the Authority and the Participating Jurisdictions, all as may be approved by the County Administrator. Such approval shall be evidenced conclusively by the execution and delivery of such documents on behalf of the County. 2. The County Administrator and other County officials are authorized to do and perform such other things and acts as they shall deem necessary or appropriate to carry out the transactions authorized by this Resolution. Any such things and acts previously done or performed by the County Administrator and other County officials are in all respects hereby approved, ratified and confirmed. 3. This Resolution shall take effect immediately. 0421:46619.1 INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT entered into this ~ day of __. 1999 (the "Agreement"), by and between THE CITY OF RICHMOND, VIRGINIA, a public body corporate and a political subdivision of the Commonwealth of Virginia ("Richmond"); THE COUNTY OF CHESTERFIELD, VIRGINIA, a political subdivision of the Commomvealth of Virginia ("Chesterfield"); THE COUNTY OF HANOVER, VIRGINIA, a political subdivision of the Commonwealth of Virginia ("Hanover"); and THE COUNTY OF HENRICO, VIRGINIA, a political subdivision of the Commonwealth of Virginia ("Henrico"); WITNESSETH: WHEREAS, pursuant to the Public Recreational Facilities Authorities Act (Chapter 56, Title 15.2, Code of Virginia of 1950, as amended) (the "Act"), Richmond, Chesterfield, Hanover and Henrico (each a "Participating Jurisdiction" and collectively, the "Participating Jurisdictions") have created the Greater Richmond Convention Center Authority (the "Authority") for the purpose, among others, of owning and operating the Greater Richmond Convention Center (the "Center") located in the City of Richmond; WHEREAS, pursuant to the provisions of Section 58.1 - 3819 et seq. of the Code of Virginia of 1950, as amended (the "Code"), and Section 2.02 of Chapter 116 of the Acts of the Assembly of 1948, as amended and reenacted by Chapter 711 of the Acts of Assembly of 1998 and Article VII of the Code of the City of Richmond, Virginia (collectively, the "Hotel Tax Legislation"), the Participating Jurisdictions are authorized to levy a transient occupancy tax on hotels, motels, boarding houses, travel campgrounds and other facilities offering guestrooms rented out for continuous occupancy for fewer than thirty, consecutive days (collectively referred to as the "Hotel Tax") in a maximum aggregate amount equal to eight percent (8%) of the charge for the occupancy of any room or space occupied; WHEREAS, each Participating Jurisdiction has by appropriate ordinance begun to levy the Hotel Tax and has agreed to use the revenues collected from the Hotel Tax for the benefit of the Center; WHEREAS, pursuant to the terms of an Indenture of Trust dated as of . 1999 (the "Indenture"), between the Authority and . as trustee (the '°Trustee"), the Authority will issue its Hotel Tax Revenue Bonds (Convention Center Expansion Project), Series 1999 (the "Bonds"), the proceeds of which will be used to acquire, construct, reconstruct, expand and equip the Center; WHEREAS, pursuant to the terms of a Hotel Tax Payment Agreement dated as of , 1999 (the "Hotel Tax Payment Agreement"), each Participating Jurisdiction has agreed, subject to the appropriation by its respective governing body of sufficient funds for such purpose, to transfer its respective Tax Payments (as hereinafter defined) to the Trustee for the account of the Authority; WHEREAS, the Indenture establishes a Residual Fund and provides that any moneys on deposit in the Residual Fund at the end of each fiscal year of the Authority. will be transferred, subject to the approval of the Authority, to the Fiscal Agent (as hereinafter defined) under this Agreement to be distributed to the Participating Jurisdictions as set forth in this Agreement; WHEREAS, each Participating Jurisdiction intends that its respective Tax Payments will be sufficient to fund its Allocated Share (as hereinafter defined); and WHEREAS, each Participating Jurisdiction has agreed that, to the extent its annual Tax Pa.xanents are less than its Allocated Share, it will, subject to the appropriation of its governing body of sufficient funds for such purpose, reimburse the other Participating Jurisdictions to the extent that their annual Tax Payments (less any prior disbursements from the Residual Fund) exceed their respective Allocated Shares; NOW, THEREFORE, for and in consideration of the foregoing and of the mutual covenants herein set forth, the parties hereto agree as follows: 1. De£mifions. Unless otherwise defined in this Agreement, all capitalized terms shall have the meanings set forth in the Indenture. In addition, the following capitalized terms used herein shall have the following meanings, unless the context otherwise requires: "Allocated Share" shall mean a certain percentage of the Total Annual Costs of the Authority and which have been determined by the Participating Jurisdictions to be, respectively, 50% for Richmond, 35% for Henrico, 13% for Chesterfield and 2% for Hanover. "Fax Payments" shall mean the amounts equal to the Hotel Tax revenues collected by a Participating Jurisdiction and transferred to the Trustee for the account of the Authority pursuant to the terms of the Hotel Tax Payment Agreement. ''Fetal Annual Costs of the Authority" shall mean for each fiscal year of the Authority an amount equal to the difference between (x) the sum of (i) the aggregate amount of Operating Expenses of the Authority, (ii) the aggregate amount deposited to the Bond Fund, the Debt Service Reserve Fund, the Subordinated Debt Fund, the Operating Reserve Fund and the Renewal and Replacement Fund and (y) the sum of (i) the aggregate amount of revenues derived from the use and operation of the Center and (ii).the aggregate mount of investment earnings on the funds and accounts established under the Indenture. 2. Appointment of Fiscal Agent. '~ There shall be appointed by the Participating Jurisdictions a fiscal agent (the "Fiscal Agentz') under this Agreement, to receive, hold, invest and disburse the moneys to be paid to it pursuant to this Agreement and to perform certain other functions, all as hereinafter provided. The Participating Jurisdictions hereby appoint Chesterfield to serve as the initial Fiscal Agent. By executing and delivering the Acceptance -2- C48 Certificate attached to this Agreement, Chesterfield accepts the duties and obligations provided herein for the Fiscal Agent, but only upon the terms and conditions herein set forth. 3. Residual Tax Payment Fund. There is hereby created and established with the Fiscal Agent a special fund designated as the "Residual Tax Payment Fund," to be held by the Fiscal Agent as a trust fund for the benefit of the Participating Jurisdictions, separate and apart from all other funds and moneys held by the Fiscal Agent. The Fiscal Agent shall deposit to such Fund any moneys transferred by the Authority pursuant to the provisions of Section [509] of the Indenture and shall administer such Fund as expressly provided hereunder. 4. First Distribution of Residual Fund Moneys. The Fiscal Agent hereby agrees that it will disburse to the Participating Jurisdictions moneys deposited to the Residual Tax Payment Fund within 15 days of receipt, in the following manner: (a) to Richmond, an amount equal to 25% of the aggregate amount of Tax Payments made by Richmond during the preceding fiscal year of the Authority; (b) to Chesterfield, an amount equal to 25% of the aggregate amount of Tax Payments made by Chesterfield during the preceding fiscal year of the Authority; (c) to Hanover, an amount equal to 25% of the aggregate amount of Tax Payments made by Hanover during the preceding fiscal year of the Authority; and (d) to Henrico, an mount equal to 25% of the aggregate amount of Tax Payments made by Henrico during the preceding fiscal year of the Authority; provided, however, that, commencing July 1, 2001 (i) no payments shall be made to a Participating Jurisdiction if, during the preceding fiscal year of the Authority, the Tax Payments made by such Participating Jurisdiction were less than its Allocated Share and (ii) no payments shall be made to a Participating Jurisdiction if there is a cumulative "due to" payment balance owed by such Participating Jurisdiction under Section 6. Notwithstanding the preceding provisions of this Section 4, if at any time the Fiscal Agent is required to make the disbursements set forth above, and the Fiscal Agent holds insufficient moneys to make such disbursements, the Fiscal Agent shall make the disbursements from moneys available for such purpose in accordance with the following formula: (A) x [(B)/(C)] =(D), where "(A)" is the amount on deposit in the Residual Tax Payment Fund; "(B)" is the total amount of Tax Paym0nts made by a particular Participating Jurisdiction during the preceding fiscal year of the Authority; "(C)" is the total amount of Tax Payments made by the Participating Jurisdictions during the preceding fiscal year of the Authority entitled to payments pursuant to the preceding -3- 944 provisions of this Section 4; and "(D)" is the amount of Residual Tax Payment Fund moneys to be disbursed to the particular Participating Jurisdiction. 5. Second Distribution of Residual Fund Moneys. If, after making all the necessary transfers pursuant to Section 4, the Fiscal Agent holds moneys in the Residual Tax Payment Fund, the Fiscal Agent shall immediately disburse to the Participating Jurisdictions the remaining moneys on deposit in such fund according to the following formula: (A) x [(B)/(C)]=(D), where "(A)" is the amount of remaining moneys on deposit in the Residual Tax Payment Fund; "(B)" is the cumulative total amount of Tax Payments made by a particular Participating Jurisdiction in excess of its Allocated Share for the period commencing July 1,200[2], through the end of the preceding fiscal year of the Authority less the aggregate amount of any prior payments made to such Participating Jurisdiction pursuant to Section 4 (including any payments made in the then current fiscal year) and this Section 5; "(C)" is the cumulative total amount of Tax Payments made by all Participating Jurisdictions in excess of their respective Allocated Shares for the period commencing July 1, 20012], through the end of the preceding fiscal year of the Authority less the aggregate amount of any prior payments made to all Participating Jurisdictions pursuant to Section 4 (including any payments made in the then current fiscal year) and this Section 5; and "(D)" is the amount of remaining moneys on deposit in the Residual Tax Payment Fund to be distributed to the particular Participating Jurisdiction; ~ provided, however, that, to the extent a Participating Jurisdiction owes a cumulative "due to" payment under Section 6, any amounts that would be payable to such Participating Jurisdiction under this Section 5 shall instead be applied to, and credited against, any such cumulative "due to" payment. 6. "Due To, Due From" Payment Oblieations. Each Participating Jurisdiction agrees that, to the extent its annual Ne~ Tax Payments do not meet or exceed its Allocated Share, it will, subject to the appropriation of its governing body of sufficient funds for such purpose, reimburse the other Participating Jurisdictions the amount of such deficiency in accordance with the provisions of this Section. ~ (a) Calculation of "Due To, Due Fror~" Amounts. (i) From the information supplied by the Authority, the Fiscal Agent shall record the amount of total Tax Payments made by each Participating Jurisdiction during the preceding fiscal year of the Authority, including the incremental amount of such Tax Payments that is more than or less than the respective Allocated Share for such Participating Jurisdiction. The Fiscal Agent shall calculate the "due to, due from" -4- } amounts for each Participating Jurisdiction in accordance with the following formula: (A) - [(B) - (C)] = (D), where "(A)" is the cumulative total amount of Tax Payments made by a particular Participating Jurisdiction; "(B)" is the cumulative dollar amount of a particular Participating Jurisdiction's Allocated Share; "(C)" is the cumulative amount of any moneys disbursed to such Participating Jurisdiction pursuant to Sections 4 and 5; and "(D)" is the "Due To, Due From" amount for such Participating Jurisdiction whereby a positive amount signifies the aggregate amounts "due from" other Participating Jurisdictions to such Participating Jurisdiction and a negative amount signifies the aggregate amounts "due to" the other Participating Jurisdictions from such Participating Jurisdiction. (ii) The Fiscal Agent shall send to the Participating Jurisdictions within 45 days after the end of each fiscal year of the Authority a statement detailing such information. Co) Payment of "Due To, Due From" Amounts. (i) Commencing in the year in which the statement provided by the Fiscal Agent under Section 6(a)(ii) reflects that the cumulative amount of "due to" payments owed by a particular Participating Jurisdiction exceeds $1.5 million, such Participating Jurisdiction shall, subject to the provisions of Section 6(b)(iii), pay such amount of the cumulative "due to" ,paym~t balance that is in excess of $1.5 million. Any "due to" payment appropriated by a Participating Jurisdiction pursuant to the provisions of this Section 6 shall be paid to the Fiscal Agent prior to December 1 of the fiscal year to which such appropriation relates. (ii) The Fiscal Agent shall within 10 days after receipt distribute such "due to" payment pro rata among the Participating Jurisdictions to which such payment is due, as calculated under Section 6(a)(i) and reflected on the statement provided by the Fiscal Agent under Section 6(a)(ii). (iii) Notwithstanding an.vthing in this Agreement to the contrary, the obligation of a Participating Jurisdiction to make any "due to': payments hereunder shall be subject to and dependent upon appropriations being made from' time to time by the respective governing body of such Participating Jurisdiction for such purpose;' provided, however, that within 60 days after receipt of the statement provided by the Fist, al ,Agent pursuant to Section 6(a)(ii), the City Manager, County Administrator or County Manager, as appropriate, shall use his best efforts to introduce at a regularly scheduled meeting of t~he governing body a resolution or ordinance that amends, if necessary, the budget of such Participating Jurisdiction for the then current fiscal year in such a manner to permit an appropriation of the "due to" payment owed by such Participating Jurisdiction under Section 6(b)(i). -5- C4 3 (e) Preliminary Budgeting of "Due To, Due From" Amounts. (i) Based on the Authofity's budget for the then current fiscal year, the Fiscal Agent shall calculate, in accordance with the formula set forth in Section 6(a)(i), the projected "due to, due from" amounts of the Participating Jurisdictions payable in the immediately succeeding fiscal year. Contemporaneously with the report provided by the Fiscal Agent in Section 6(a)(ii), the Fiscal Agent shall send to each Participating Jurisdiction a report detailing the calculations of the projected "due to, due from" mounts of all Participating Jurisdictions for the immediately succeeding fiscal year. (ii) Based on the report provided by the Fiscal Agent in Section 6(c)(i), the City Manager, County Administrator or County Manager, as appropriate, of each Participating Jurisdiction projected to owe a "due to" payment during the immediately succeeding fiscal year shall include in the proposed budget for such fiscal year a payment to the Fiscal Agent in an amount equal to such "due to" payment. 7. Accounting by Fiscal Agent. Concurrently with each disbursement made by the Fiscal Agent to the Participating Jurisdictions pursuant to Sections 4, 5 and 6 above, the Fiscal Agent shall send to each Participating Jurisdiction a detailed accounting of all disbursements made pursuant such Sections. 8. Term of Agreement. This Agreement shall remain in full force and effect until the Hotel Tax Payment Agreement is terminated pursuant to its terms. 9. Amendments. This Agreement may be amended, supplemented or modified only in a writing consented to by all parties hereto. ' 10. Governing Law. This Agreement is to be governed by and construed in accordance with the laws of the Commonwealth of Virginia. 11. Severability. If any clause, provision or section of this Agreement shall be held to be illegal or invalid by any court, the illegality or invalidity of such clause, provision or section shall not affect the remainder of this Agreement which shall be construed and enforced as if such illegal or invalid clause, provision or section had not been contained in this Agreement. 12. Notices. Until otherwise provided by any of the parties hereto, all demands, notices, approvals, consents, requests and other communications hereunder shall be in writing and shall be deemed to have been given wl~en delivered in person or mailed by in'st class registered or certified mail, postage prepaid, addres'sed: (a) if to Richmond, at (Attention: ), -6- (b) if to Chesterfield or the Fiscal Agent, (Attention: ), at (c) if to Hanover, at (Attention: ), and (d) if to Henrieo, at (Attention: ). Any Participating Jurisdiction ma)', by notice given hereunder, designate any further or different addresses to which subsequent demands, notices, approvals, consents, requests and other communications shall be sent or persons to whose attention the same shall be directed. 12. Successors and Assigns. This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. 13. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument. -7- IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed and effective as of the date fkst written above by their duly authorized representatives. CITY OF RICHMOND, VIRGINIA By: Its: COUNTY OF CHESTERFIELD, VIRGINIA By: Its: COUNTY OF HANOVER, VIRGINIA By:. Its: COUNTY OF HENRICO, VIRGINIA By: Its: -8- ACCEPTANCE CERTIFICATE The undersigned hereby accepts and covenants to carry out thc duties and obligations imposed upon the Fiscal Agent by the provisions of the preceding Agreement. COUNTY OF CHESTERFIELD, VIRGINIA; as the Fiscal Agent under this Agreement By: Its: -9- HOTEL TAX PAYMENT AGREEMENT THIS HOTEL TAX PAYMENT AGREEMENT entered into this day of ,1999 (the "Agreement"), by and between THE CITY OF RICHMOND, VIRGINIA, a public body corporate and a political subdivision of the Commonwealth of Virginia ("Richmond"); THE COUNTY OF CHESTERFIELD, VIRGINIA, a political subdivision of the Commonwealth of Virginia ("Chesterfield"); THE COUNTY OF HANOVER, VIRGINIA, a political subdivision of the Commonwealth of Virginia ("Hanover"); THE COUNTY OF HENRICO, VIRGINIA, a political subdivision of the Commonwealth of Virginia ("Heurico"); the GREATER RICHMOND CONVENTION CENTER AUTHORITY, a political subdivision of the Commonwealth of Virginia (the "Authority"); and , a (the "Trustee"); WITNESSETH: WHEREAS, pursuant to the Public Recreational Facilities Authorities Act (Chapter 56, Title 15.2, Code of Virginia of 1950, as mended) (the "Act"), Richmond, Chesterfield, Hanover and Hendco (each a "Participating Jurisdiction" and collectively, the "Participating Jurisdictions") have created the Authority for, among others, the purpose of owning and operating the Greater Richmond Convention Center (the "Center") located in the City of Richmond; WHEREAS, pursuant to the provisions of Section 58.1 - 3819 et seq. of the Code of Virginia of 1950, as amended (the "Code"), and Section 2.02 of Chapter 116 of the Acts of the Assembly of 1948, as amended and reenacted by Chapter 711 of the Acts of Assembly of 1998, and Article VII of the Code of the City. of Richmond, Virginia (collectively, the "Hotel Tax Legislation''), the Participating Jurisdictions are authorized to levy a transient occupancy tax on hotels, motels, boarding houses, travel campgrounds and other facilities offering guestrooms rented out for continuous occupancy for fewer than thirty consecutive days (collectively referred to as the "Hotel Tax") in a maximum aggregate amount equal to eight percent (8%) of the charge for the occupancy of any room or space occupied; WHEREAS, each Participating Jurisdiction has by appropriate ordinance begun to the Hotel Tax and has agreed to use the revenues collected from the Hotel Tax for the benefit of the Center; WHEREAS, pursuant to the terms of an Indenture of Trust dated as of . 1999 (the "Indenture"), between the Authority and the Trustee, the Authority will issue its $ Hotel Tax Revenue Bonds~ (C6nvention Center Expansion Project), Series 1999 (the "Bonds"), the proceeds of which .will be used to acquire, construct, reconstruct, expand and equip the Center; and WHEREAS, each Participating Jurisdiction, while recognizing that it is not empowered to make any binding commitment beyond the current fiscal year, desires to express its intent (a) to levy, collect and refrain from seeking the repeal or reduction of the Hotel Tax, subject to certain provisions and (b) to transfer the Tax Payments (as hereinafter defined) to the Trustee on a monthly basis, subject to the appropriation by its respective governing body of sufficient funds for such purpose; NOW, TItEREFORE, for and in consideration of the foregoing and of the mutual covenants herein set forth, the parties hereto agree as follows: 1. Def'mitions. All capitalized terms contained in this Agreement and not otherwise defined shall have the meanings set forth in the Indenture, unless the context otherwise requires. In addition, the following capitalized term used herein shall have the following meaning, unless the context otherwise requires: "Tax Payments" shall mean the mounts equal to the Hotel Tax revenues collected by a Participating Jurisdiction and transferred to the Trustee for the account of the Authority pursuant to the terms of this Hotel Tax Payment Agreement. 2. Agreement to Levy and Collect Hotel Tax. (a) Each Participating Jurisdiction hereby expresses its intent that, during the term of this Agreement, it shall (i) levy the Hotel Tax to the fullest extent and at the maximum rate authorized by the Hotel Tax Legislation, (ii) use its best efforts to collect no later than the 20th day of each month the Hotel Tax revenues levied for the preceding month, and (iii) not seek the repeal or reduction of the Hotel Tax, subject to the permitted actions described in subsection 2(b). The City Manager, the County Administrator or County Manager, as appropriate, shall recommend that future governing bodies continue to take such actions. (b) Each Participating Jurisdiction hereby expresses its intent that, during the term of this Agreement, it shall not reduce the rate of the Hotel Tax levied in such jurisdiction or cease to levy and collect the Hotel Tax in such jurisdiction, and shall recommend that future governing bodies refrain from taking such actions} unless (i) the Participating Jurisdiction provides 60 days' prior notice to the Authority of the Participating Jurisdiction's intent to take any of such actions and (ii) the Trustee notifies the Participating Jurisdiction that it has received (A) a written certificate of the [Chairman or the Vice Chairman of the Authority] stating that the total amount of Pledged Revenues received and deposited in the Revenue Fund for the immediately preceding two Fiscal Years was at least 1.5 times the maximum Annual Debt Service due (taking into account the loss of P. ledged Revenues that would result from the proposed action by such jurisdiction to reduce the rate of the Hotel Tax levied in such jurisdiction or cease to levy and collect the Hotel Tax in such jurisdiction) and 03) a x~xitten certificate of [a Qualified Independent Consul~ant~ projecting that (1) the total amount of Net Pledged Revenues to be received and deposited in the Revenue Fund for the immediately succeeding two Fiscal Years is expected to meet or exceed 1.1 times the maximum aggregate Annual Debt Service anticipated to be due (taking into account the loss of Pledged Revenues that would result from the proposed actions by such jurisdiction to reduce the rate of the Hotel Tax -2- levied in such jurisdiction or cease to levy and collect the Hotel Tax in such jurisdiction) and (2) the total mount of Pledged Revenues to be received and deposited in the Revenue Fund for the immediately succeeding two Fiscal Years is expected to meet or exceed 1.5 times the maximum aggregate Annual Debt Service anticipated to be due (taking into account the loss of Pledged Revenues that would result from the proposed actions by such jurisdiction to reduce the rate of the Hotel Tax levied in such jurisdiction or cease to levy and collect the Hotel Tax in such jurisdiction). (c) If, at any time after a Participating Jurisdiction has taken any action permitted in subsection 2(b), the Authority presents a written certificate of the [Chairman or the Vice Chairman of the Authority] stating that either (il the total amount of Pledged Revenues received and deposited in the Revenue Fund for the immediately preceding Fiscal Year was less than 1.5 times the maximum Annual Debt Service due or (iil the total am011nt of Net Pledeed Revenues received and deposited in the Revenue Fund for the immediately preceding Fiscal Year was less than 1.1 times the maximum aggregate Annual Debt Service due, then the City Manager, the County Administrator or County Manager, as appropriate, of such Participating Jurisdiction shall recommend to the then current governing body of such Participating Jurisdiction that it increase or reinstate the Hotel Tax levied in such Participating Jurisdiction at a rate that is equal to the maximum rate authorized by the Hotel Tax Legislation.= The Authority shall send to all other Participating Jurisdictions a copy of any certificate presented to one Participating Jurisdiction as described in this subsection ¢c), 3. Transfer of Tax Payments. Subject to the limitations of paragraph 5 below, each Participating Jurisdiction agrees to transfer the Tax Payments to the Authority no later than the 15th day of each month. Such transfers shall be made to the Trustee for the account of the Authority by wire transfer or as otherwise instructed by the Authority. 4. Annual Budget. Each Participating Jurisdiction covenants that it shall deliver to the Authority not later than April 1 of each year a projection of the Tax Payments to be made by such Participating Jurisdiction for each month of the immediately succeeding fiscal year. The Authority covenants that on or before May 1 of each year it shall file with each Participating Jurisdiction, the Trustee and the Fiscal Agent a proposed budget for the Authority including the projected monthly Tax Payments to be made by each Participating Jurisdiction during the immediately succeeding fiscal year. 5. Subject to Appropriation. (a) Notwithstanding anything in this Agreement to the contrary, the obligation of each Participating Jurisdiction tolransfer any amounts under this Agreement to the Trustee shall be subject to and dependent upo~ appropriations being made from time to time by the respective governing body of each Participating Jurisdiction for such purpose; provided, however, that the City Manager, County Administrator or County Manager, as appropriate, shall include in the proposed budget for each fiscal year of such Participating Jurisdiction an appropriation to the Authority in an amount equal to the HOtel Tax revenues budgeted to be -3- collected during such fiscal year. (b) Throughout the term of this Agreement, the City Manager, County Administrator or County Manager, as appropriate, shall deliver to the Authority and the Trustee within 10 days after adoption of the annual budget for each fiscal year of such Participating Jurisdiction, but not later than the f'u-st day of the fiscal year of such Participating Jurisdiction, a certificate stating whether the respective governing body of such Participating Jurisdiction has included in its annual budget a payment to the Authority in an amount equal to the Hotel Tax revenues budgeted to be collected during such fiscal year. If a Participating Jurisdiction has not included in its annual budget such a payment to the Authority, the governing body of such Participating Jurisdiction shall take a roll call vote immediately after adoption of such annual budget acknowledging the impact of its failure to include such a payment in its annual budget. If, by 15 days after the beginning of such Participating Jurisdiction's fiscal year, the governing body of the Participating Jurisdiction has not appropriated to the Authority an amount equal to the Hotel Tax revenues budgeted to be collected during the then current fiscal year, the City Manager, County Administrator or County Manager, as appropriate, shall give written notice to the governing body of such Participating Jurisdiction setting forth the consequences of such Participating Jurisdiction's failure to appropriate, including the possible effects upon the Authority's ability to pay debt service due on the Bonds, and request the governing body to consider a supplemental appropriation for such purposes. (c) If at any time during any fiscal year, the aggregate amount of Hotel Tax revenues collected by a Participating Jurisdiction during such fiscal year exceeds the aggregate amount of Tax Payments budgeted and appropriated by the respective governing body of such Participating Jurisdiction to the Authority for such fiscal year, then the City Manager, County Administrator or County Manager, as appropriate, shall submit to the governing body of such Participating Jurisdiction at its next regularly scheduled meeting or as promptly as practicable, but in any event within thirty (30) days, a request for an amendment to the budget of the then current fiscal year and an additional appropriation that will provide sufficient moneys to cover such difference. The City Manager, County Administrator or County Manager, as appropriate, shall deliver to the Authority and the Trustee within five (5) days after such meeting of the governing body a certificate stating whether the governing body has taken action to provide to the Authority an amount equal to the excess amount of Hotel Tax revenues collected over the amount budgeted. (d) While recognizing that it is not empowered to make any binding commitment beyond the current fiscal year to' make Tax Payments to the Authority, each Participating Jurisdiction hereby expresses the intent of its respective governing body to take all necessary actions, including making annual or, supplemental appropriations, to transfer the Tax Payments t° the Authority. , (e) Notwithstanding that a Participating Jurisdiction may have budgeted and appropriated to the Authority a certain amount (as may be revised pursuant to Section 5(c)) in a particular fiscal year, if the actual amount of Hotel Tax revenues collected by such Participating Jurisdiction is less than the amount budgeted and appropriated, the Participating Jurisdiction shall be obligated to pay to the Authority only such lesser mount. 6. Agreement to Apply Tax Payments. The Authority covenants to apply the amount of Tax Payments received from each Participating Jurisdiction under this Agreement in accordance with the provisions of the Indenture and for no other purpose. 7. Agreement to Provide Certain Information. The Authority covenants to provide to the Fiscal Agent no later than the fifteenth day of each month a report detailing the estimated amount of Tax Payments received during the preceding month from each Participating Jurisdiction and, on July 15, to provide, in addition, information detailing for the preceding fiscal year of the Authority estimates of (a) the aggregate amount of Operating Expenses of the Authority, (b) the aggregate amount deposited in the Bond Fund, the Debt Service Reserve Fund, the Operating Reserve Fund and the Renewal and Replacement Fund, (c) the aggregate amount of revenues derived from the use and operation of the Center and (d) the aggregate amount of investment earnings on the funds and accounts established under the Indenture. 8. Term of Agreement. This Agreement shall remain in full force and effect until all Bonds have been paid or deemed no longer outstanding under the Indenture. 9. Amendments. This Agreement may be amended, supplemented or modified only in a writing consented to by all of the parties hereto. 10. Governing Law. This Agreement is to be governed by and construed in accordance with the laws of the Commonwealth of Virginia. 11. Severability. If any clause, provision or section of this Agreement shall be held to be illegal or invalid by any court, the illegality or invalidi~ of such clause, provision or section shall not affect the remainder of this Agreement which shall be construed and enforced as ff such illegal or invalid clause, provision or section had not been contained in this Agreement. 12. Notices. Until otherwise provided by any of the parties hereto, all demands, notices, approvals, consents, requests and other communications hereunder shall be in writing and shall be deemed to have been given when delivered in person or mailed by fa-st class registered or certified mail, postage prepaid, addressed: -5- (a) if to Richmond, at (Attention: ), (b) if to Chesterfield, at (Attention: ), (c) if to Hanover, at (Attention: ), (d) if to Henrico, at (Attention: ), (e) if to the Authority, at (Attention: ), and (f) if to the Trustee, at (Attention: ). Any Participating Jurisdiction, the Authority and the Trustee may, by notice given hereunder, designate any further or different addresses to which subsequent demands, notices, approvals, consents, requests and other communications shall be sent or persons to whose attention the same shall be directed. 13. Successors and Assigns. This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. 14. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed and effective as of the date first v, xitten above by their duly authorized representatives. CITY OF RICHMOND, VIRGINIA By: Its: -6- COUNTY OF CHESTERFIELD, By:. Its: VIRGINIA COUNTY OF HANOVER, VIRGINIA By: Its: COUNTY OF HENRICO, VIRGINIA By: Its: GREATER RICHMOND CONVENTION CENTER AUTHORITY By: Its: ' . as Tmstee By: Its: -7- CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: October 13, 1999 Item Number: 8.C.l.f. Subject: Adoption of a Resolution Designating the Crater Region as the Workforce Investment Act Area and Board for Southern Chesterfield County Coun .ty Administrator's Comments: Co untyAdministrator:_~/~~g4, ~~, - Board Action Requested: Approval of the attached resolution designating the Crater Region as the local Workforce Investment Act area and Board for southern Chesterfield County. Summary of Information: As a member of the Crater Partnership, Chesterfield County participates in jobs development and assessment programs that serve southern Chesterfield, the Tri-Cities and its surrounding environs. To complement this partnership, staff recommends that the Board consider joining the Workforce Development Board that will serve the same localities. The Workforce Development Board for the Crater Region will lead, coordinate and operate federal Department of Labor jobs programs that will serve approximately 50,000 county residents in southern Chesterfield. The participating jurisdictions of the Capital Area Training Consortium, the Richmond Private Industry Council and Workforce One have been advised of the County's interest in joining the Crater Workforce Investment Board and support this change. Preparer: Bradford S. Hammer Title: Deputy County Administrator Attachments: Yes ~-~ No # Resolution Designating The Crater Region as the Local Workforce Investment Area WHEREAS, the Virginia Workforce Council established its policy concerning the designation of Local Workforce Investment Areas at its initial meeting held on August 12, 1999; and WHEREAS, the designation of a local workforce investment area is required in order to implement the federal Workforce Investment Act, which will replace the Job Training Partnership Act on July 1, 2000; and WHEREAS, the Govemor and the Virginia Workforce Council have asked the chief elected officials to propose service area boundaries for the local workforce investment areas that represent their labor market areas; and WHEREAS, within the Crater Region the Crater Regional Partnership has several significant initiatives underway related to workforce development; and WHEREAS, John Tyler Community College serves the Crater Region, which will help to give focus to workforce development programs; and WHEREAS, working together within the Crater Region will position the region to take advantage of other workforce program initiatives as the Virginia Workforce Council streamlines all of Virginia's workforce-related programs. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Chesterfield County, on October 13, 1999, does hereby request that the Governor designate the Crater Region, encompassing the cities of Colonial Heights, Emporia, Hopewell and Petersburg and the counties of Dinwiddie, Greenville, Prince George, Surry and Sussex, and the southern portion of Chesterfield County, as the Local Workforce Investment Area; and BE IT FURTHER RESOLVED that the County Administrator is hereby authorized to execute all documents and take all necessary actions to implement the Workforce Investment Act policies, as established by the Virginia Workforce Council. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: October 13, 1999 Item Number: l~,=e Lofl__ 8.C .1.g. Subject: Resolution Recognizing the late Officer Craig W. Rath as a "Friend of Chesterfield County" County. Administrator's Comments: County Administrator: Board Action Requested: Adoption of attached Resolution Summary_ of Information: This resolution is in recognition of the late Officer Rath, who served the residents of Chesterfield County. Attachments: Yes ~-~ No Title: Director, Public Affairs RECOGNIZING THE LATE OFFICER CRAIG W. RATH AS A "FRIEND OF CHESTERFIELD COUNTY" WHEREAS, the late Chesterfield County Police Officer Craig W. Rath joined the Police Department in 1993; and WHEREAS, Officer Rath served the residents of Chesterfield County as a uniformed patrol officer; and WHEREAS, Officer Rath later had the distinction of being selected to serve in the Street Drug Enforcement Unit; and WHEREAS, Officer Rath received numerous accolades from the Police Department, the Commonwealth's Attorney, the Virginia State Police and private citizens for the courteous and professional nature of his service in a wide variety of situations; and WHEREAS, Officer Rath was killed in a tragic motor vehicle accident on May 27, 1999, on-duty and just moments after having assisted in making several arrests; and WHEREAS, Officer Rath lived his life and gave his life on behalf of the people of Chesterfield County. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the late Officer Craig W. Rath as a "Friend of Chesterfield County," and notes that through his legacy and the work being done in his name to support his favorite charity, "Make-a-Child-Smile," Craig W. Rath continues to serve Chesterfield County. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: October 13, 1999 Item Number: 8. ¢. 2 Subject: Award of Contract for the Construction of Additional Parking and Repaying at Point of Rocks Park County. Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to authorize the County Administrator to enter into a contract with William B. Sloan Company, Inc., in the amount of $328,200.00, for the construction of additional parking and repaving of existing parking and roadways at Point of Rocks Park. Summary. of Information: The Parks and Recreation 1996 Bond Referendum provided funds for additional parking and repaving at Point of Rocks Park. Staff recommends award of contract to William B. Sloan Company, Inc. to complete this project. Preparer: ~I~ ~(~~ ,,"-'""--Title: Michael S. Golden Director, Parks and Recreation Attachments: [Yes CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meetinn Date: October 13. 1999 Number Bud.qet and Mana.qement Comments: The Board is being asked to award a contract to the William B. Sloan Company, Inc., in the amount of $328,200 for road and parking improvements at Point of Rocks Park. Although only $240,000 was budgeted for this project in the Adopted 2000-2004 Capital Improvement Program, the full amount ($328,200) is currently available in FY2000 park improvement funds. Awarding this contract now will result in cost savings for park improvements projects scheduled for FY2001. Preparer: '7" h /'~'~;~7--'t....,,.~- - ~ Title: Director, Bud,qet & ManaRement Rebecca T. Dickson CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: October 13, 1999 Item Number: 8. c. 2. b. Subject: Award of Construction Contract for County Project #99-0136, Quail Hollow Water Line Rehabilitation Phase I County Administrator's Comments: County Administrator: ~~,~ /-~E~ Board Action Requested: Staff requests that the Board of Supervisors award t~he construction contract to Infra Corps of Va., Inc. in the amount of $109,767.00 and authorize the County Administrator to execute the necessary documents. Summary of Information: This project consists of replacing approximately 747 L.F. of 6" and 1129 L.F. of 4" water main and all associated appurtenances in Quail Hollow Lane, Quail Hollow Court and Quail Hill Court as shown on the attached map. These lines are being replaced because of numerous failures due to settlements resulting from poor trench compaction and road construction. The new system will provide improved fire protection and reliability. Staff received five (5) bids ranging from $109,767.00 to $139,588.00. The lowest bid was in the amount of $109,767.00 by Infra Corps of Va., Inc. The County's engineering consultant, Austin Brockenbrough & Associates, LLP, has evaluated the bids and recommends award of the contract to Infra Corps of Va., Inc. Funds for this project are available in the current C.I.P. Ci~[~.g~. B~r~a mt · Title: Preparer: _~'. !,yan~~~ Attachnxents: Yes No Director of Utilities QUAIL HOLLOW WATER LINE REHABILITATION PHASE I COUNTY PROJECT #99-0136 ~ILL · SEE GRID D8 SAGE WOOD TRACE SAGEWO00 IERR WOOOgRIOGE CROSSING SAGEWOOD CT SAGEWQOD PL STEfllll,fG 81UDGE PL .PROJECT 99 -0152. eek MS IcAII. VICINITY MAP [ket Sq Southsidc CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page. 1 of 1 Meeting Date: October 13, 1999 Item Number: 8.¢.2.e. Subject: Award of Construction Contract for County Project #99-0152, Quail Hill Water Line Rehabilitation Phase II County Administrator's Comments: County Administrator: ~ Board Action Requested: Staff requests that the Board of Supervisors award the construction contract to Gerald K. Moody, Inc. T/A Southern Construction Company in the amount of $134,746.26 and authorize the County Administrator to execute the necessary documents. Summary of Information: This project consists of replacing approximately 495 L.F. of 6" and 1050 L.F. of 4" water main and all associated appurtenances in Quail Meadows Lane, Quail Meadows Place and Quail Meadows Court as shown on the attached map. These lines are being replaced because of numerous failures due to settlements resulting from poor trench compaction and road construction. The new system will provide improved fire protection and reliability. Staff received five (5) bids ranging from $134,746.26 to $189,125.00. The lowest bid was in the amount of $134,746.26 by Gerald K. Moody, Inc. T/A Southern Construction Company. The County's engineering consultant, Austin Brockenbrough & Associates, LLP, has evaluated the bids and recommends award of the contract to Gerald K. Moody, Inc. T/A Southern Construction Company. Funds for this project are available in the current C.I.P. Preparer:C r a~/~-~j' B~rYan~~-~ Title: Attachments: Yes Director of Utilities No QUAIL HILL WATER LINE REHABILITATION PHASE II COUNTY PROJECT #99-0152 'omahawk" IILL lADE CTR · SEE GRID D8 '1 ~AGEWOOD TRACE 2 SAGEWOOD IERII WOODORIOGE CROSSING 4 SAGEWOOD CT 5 SAGEWOOD Pt STERIItJG BITIOGE PL South$id,. Speedway 99-0152. eek MS CIIESTNUT C1 I I It';I I I: rket Sq VICINITY MAP CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: October 13, 1999 Item Number: 8.¢.2.d. Subject: Award of Construction Contract for County Project #99-0031, Morning Hill Court and Morning Hill Lane Water Line Replacement County Administrator's Comments County Administrato Board Action Requested: Staff requests that the Board of Supervisors award the construction contract to Godsey & Son, Inc. in the amount of $182,575.40 and authorize the County Administrator to execute the necessary documents. Summary of Information: The project consists of replacement of approximately 150 L.F. of 6" and 980 L.F. of 4" water line and all associated appurtenances in Morning Hill Court and Morning Hill Lane as shown on the attached map. These lines are being replaced because of numerous failures due to settlements resulting from poor trench compaction and road construction. The new system will provide improved fire protection and reliability. Staff received four (4) bids ranging from $182,575.40 to $338,595.75. The lowest bid was in the amount of $182,575.40 by Godsey & Son, Inc. The County's engineering consultant, Earth Tech, Inc., has evaluated the bids and recommends award of the contract to Godsey & Son, Inc. Funds for this project are available in the current C.I.P.o Preparer: Attacknnents: Yes ~--~ No Title: Director of Utilities I MORNING HILL COURT & MORNING HILL LANE W/L REPLACEMENT COUNTY PROJECT #99-0031 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page i of i Meetin~ Date: October 13, 1999 Item Number: Subject: Award of the Construction Contract for County Project Number 98-0403 - Nash Road Water Pump Station to GMW General Contractors County Administrator's Comments: County Administrator: ~~7~;~ ~'t~/~ Board Action Reque~/~''''~ ~/' ~ Staff requests that the Board award the construction contract for the Nash Road Water Pump Station to GMW General Contractors in the amount of $415,298.00, authorize the appropriation of $150,000.00 from the water fund balance to 5H-58350-980403R and authorize the County Administrator to execute any necessary documents. Summary of Information: This project includes the construction of a 1,200 gpm water pump station. This pump station will increase the water pressure to Woodland Pond and Oakton Subdivisions, residents along Beach Road and the Pocahontas State Park. The bids ranged from $415,298.00 to $515,000.00. The low bid exceeds our appropriation for construction. The bids exceeded the original cost estimate primarily because of unanticipated soil conditions, increases in mechanical and instrumentation equipment costs and the requirements of zoning. Staff requests an additional $150,000.00 be appropriated from the water fund balance to this project. Preparer: /~~ E. Bec~ Jr. Attachments: Yes] Title: Assistant Director CONTRACT NUMBER 98-0403 SiTE NASH PUMP STATION CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: October 13, 1999 Item Number: 8.c.3.a. Subject: Approval of Change Order to RCC Consultants for Additional Services Required in the Amount of $70,000 for Construction Administration County Administrator's Comments: County Administrator: Board Action Request~ Authorize the County Administrator to authorize a change order for the Emergency Communications System Consultant Contract with RCC Consultants, Inc. in the amount of $70,000. Summary of Information: In February, 1997, the County entered into a contract with RCC Consultants, Inc. for consultant service for a new 800 MHZ Trunked Radio System. This included design services for the new Emergency Communications Center. As a result of the change of contractors for the Emergency Communications System project, additional construction administration services will be required. The additional services will cost $70,000. The County has filed a claim with Travelers, the bonding company of the contractor that was replaced, in an effort to recover this money. Preparer: Ro'b~rt L~ IF=a~s '~ ~ - Title: Assistant to the County Administrator Attachments: F'--~ Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meetin_n Date: October 13. 1999 Number Bud.qet and Mana,qement Comments: This item re~ests the approval of a change order to RCC Consultants in the amount of $70,000 for the new ~ergency Communications System design contract. Project contingency funds are available. Should the County be successful in its claim to recover these funds from the original contractor's bonding company, the project contingency will be rei~ursed. Preparer: ~ -- ~-- Title: Director,*Budqet & Management Rebecca T. Di~son CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meetin~ Date: October 13, 1999 Item Number: 8 .C.3.b. Subject: Change Order to the Jury Drive Project CounW Administrator's Comments: ~ County Administrator: (/~ Board Action Requested: The Board is requested to approve a change order to the Jury Drive Project for additional removal of existing pavement. Summary of information: In May 1999, the Board awarded a construction contract to Shoosmith for the construction of Jury Drive. The initial project design anticipated saving a short section of the existing Jury Drive pavement. After reviewing the pavement in the field, staff determined that removal of the pavement would facilitate construction of the new Jury Drive pavement and authorized Shoosmith to remove the existing pavement. A change order is needed for the removal of the existing pavement. Funding for the removal of the pavement will be provided from the construction contingency previously appropriated by the Board. The estimated cost of the pavement removal is $40,000. Recommendation: Staff recommends the Board authorize the County Administrator to approve a change order, not to exceed $40,000, for the removal of the existing pavement. District: Dale and Matoaca Attachments: Yes ~] No Director of Transportation CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Bud.qet and Mana.qement Comments: The Board is being asked to approve a change order not to exceed $40,000 to cover additional removal of existing pavement in the Jury Drive Road Project. While this project is only approximately 25% complete, all earthwork has been completed. Approval of this change order will leave a balance in the project's contingency funds of $140,000. Staff estimates that this contingency will be sufficient to complete the project. Preparer: Rebecca T. Dickson Title: Directorl Budget & Management JURY DRIVE PROdECT COURTHOUSE LUCY PROJECT 'N S CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meetin~l Date: October 13,1999 Item Number: 8. ¢. 3. c. Subject: Change Order to the Construction Contract with Kenbridge Construction Company, for the Juvenile and Domestic Relations Courts Project, in the Amount of $176,437 for Site Undercut and Backfill County Administrator's Comments: County Administrator: ~' Board Action Requested? Authorize the County Administrator to execute a Change Order to the construction contract with Kenbridge Construction Company, for the Juvenile & Domestic Relations Courts project, in the amount of $176,437 for site undercut and backfill. Summary of Information: Site work for the Juvenile & Domestic Relations Courts project rewired additional undercut and backfill beyond that which was originally anticipated. The building pad area of this site had a thick natural layer of organic soils ~low stoc~iles of excess topsoil and organic materials that were excavated and disposed of here during construction of the Circuit Courthouse. Soil borings did not define the exact ~antity of these materials; therefore, a unit price for their excavation and disposal was re~ested in the bid documents. Contract unit prices were used in dete~ining the cost of this additional work. Preparer:.. ~ ~ Title:Director of General Service~ F~ncis M. Pitaro Attachments: ~'~ Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 MeetJna Date: October 13. 1999 Number Bud.qet and Mana,qement Comments: This item requests Board approval of a change order to the construction contract with Kenbridge Construction. The change order, for the amount of $176,437, is required for additional undercut and backfill for the Juvenile and Domestic Relations Court Building project. Contingency funds in the project, as of September 1999, are $289,535. Available Balance: $1,839,967 Change Order: 176,437 Anticipated Expenses: $1.564.089 Balance: $ 99,441 Approval of this item will leave an available balance, less anticipated expenses as identified by Construction Management, of $99,441. The project is operating under an insufficient contingency balance, however, funds are sufficient to continue construction in FY2000. A Capital Improvement Project request has been submitted for additional funding totaling $1,365,000 in FY2001. Preparer: ~' 3 [~) "~"'-")Title: Director, Bud,qet & Management Rebecca T. Dickson CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: October 13, 1999 Item Number: 8. C. 4. a. Subject: Request to Set a Public Hearing Date to Consider the Restriction of Through Truck Traffic on Happy Hill Road County. Administrator's Comments: County. Administrato r.~. ~z~e~/~ ~//~ Board Action Requested: The Board is requested to set November 23, 1999, as a public hearing date to consider the restriction of through truck traffic on Happy Hill Road between Branders Bridge Road and South Happy Hill Road. Summary of Information: Staff has received a request to restrict any through truck or truck and trailer or semi-trailer combination, except pickup or panel trucks, from using Happy Hill Road (Route 619) between Branders Bridge Road (Route 625) and South Happy Hill Road. The recommended alternate route is South Happy Hill Road and Branders Bridge Road. The Virginia Department of Transportation (VDOT) has five (5) criteria it considers when a restriction is requested. Based on staff's preliminary review, this request will satisfy one (1) of VDOT's five (5) criteria for imposing a restriction, in that there is a reasonable alternate route. This request will not meet the remaining four (4) criteria in that: 1) the accident history does not indicate that the road is unsuitable for truck traffic, 2) the route is not classified as a local or collector road, 3) the volume of through trucks does not exceed VDOT's 175 per day minimum volume, and 4) there are not 12 dwellings per 1,000 feet of roadway along Happy Hill Road. A request that satisfies at least three (3) of VDOT's five (5) criteria will generally qualify for a restriction. Preparer: ~C~, [~¢ (~. ~ Title: R.J(j[vlcCrack'~n ,~fcr 0 Agen388 Attachments: Yes ~-~ No Director of Transportation CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Summary. of Information: (Continued) Recommendation: If the Board wishes to pursue this request, the Board should set November 23, 1999 as a public hearing date to consider a through track traffic restriction on Happy Hill Road between Branders Bridge Road and South Happy Hill Road, and authorize the advertisement for that hearing. District: Bermuda // / / Happy Hill Road (Route 619) Proposed Through Truck Traffic Restriction Proposed Restricted Route Proposed Alternate Route CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of :[ Meeting Date: October 13, 1999 8.C.4.b. Item Number: Subject: Set a Public Hearing Date of November 23, 1999 to Consider an Ordinance Providing for Background Checks for Certain Employees and Volunteers County Administrator's Comments: Set a public hearing date of November 23, 1999 Summary of Information: The Board has previously requested the County Administrator to prepare a recommendation regarding how the County could expand background investigations of employees and volunteers who work with juveniles. The County Administrator is scheduled to make his report to the Board today at a work session. Staff has prepared an ordinance which would provide for required background checks for all County employees and for volunteers who are part of the County's established volunteer program and who work with juveniles. In addition, the ordinance provides that co- sponsored organizations within the County who provide services to juveniles would be offered the opportunity to submit lists to the County of their volunteers and the County would then conduct a random search of those volunteers. A copy of the proposed ordinance will be delivered to the Board prior to the Board meeting. Preparer:~ ] ~t-~e enL. Micas ~, Title: County Attorney 0800:46445.1 Attachments: DYes f No ,r). ~_~.) CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page lof2 Meeting Date: October 13, 1999 Item Number: 8.C.4.c. Subject: Set a Public Hearing Date to Consider Appropriation of Funds and Authorization to Enter Into An Agreement for the Hickory Road/Butler Lane Improvement Project County Administrator's Comments: County Ad ministrato r :~/~/2.4~_ ~--w~c~-~ ~p Board Action Requested: The Board is requested to set a public hearing date to appropriate anticipated VDOT reimbursements and authorization to enter into a design/right-of-way/construction agreement for the Hickory Road/Butler Lane Improvement Project. Summary of Information: VDOT has agreed to allow the County to assume responsibility for the design, right-of-way acquisition, and construction of this safety project. If the County assumes the responsibility for the project, a VDOT/County design/right-of-way/construction agreement, similar to those the County has executed in the past, will be necessary. Under the terms of the agreement, the County will perform the various activities and be reimbursed by VDOT. Since the anticipated appropriation for the Hickory Road Project exceeds $500,000, a public hearing must be held to consider the appropriation. Recommendation: Staff recommends the Board take the following actions: 1) Set October 27, 1999, as the public hearing date to consider the appropriation of $1,000,000 in anticipated VDOT reimbursements and authorization to enter into a design/fight-of-way/construction agreement for the Hickory Road/Butler Lane Improvement Project. District: Matoaca Preparer: R.J. McCracken Agen419 Title: Director of Transportation Attachments: Yes --~No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: October 13. 1999 Number Budget and Mana.qement Comments: Staff is requesting to schedule October 27, 1999 as a public hearing to receive input on the appropriation of $1,000,000 in anticipated VDOT reimbursements for the Hickory Road/Butler Lane Improvement project. VDOT has agreed to allow the County to assume responsibility for the design, right-of-way acquisition, and construction of this safety project. Preparer: Rebecca T. Dickson Title: Director, Budget & Management I:' 11,791o000 E 11,792,000 £ 11,793 ~/NOEX£D (~ 790-614 · 40 4C 3 4201 ~Y ROAD INDEXED ON 790-614 I o~# 40~I 4.111 HICKORY ROAD SAFETY IMPROVEMENT VICINITY MAP HICKORY ROAD CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of ! Meeting Date: October 13, 1999 Item Number: 8.C.4.d. Subject: Set a Public Hearing For November 23, 1999, to Consider an Ordinance Amending the Code of Chesterfield County to Allow Property Owners to Authorize the Police Department to Prohibit Trespassing on Private Property Coun~ Administrator's Comments: County_ Administrator: Board Action Requested: Set a public hearing for November 23, 1999, to consider the proposed ordinance. Summary_ of Information: This year, the General Assembly amended the Code of Virginia to make it easier for property owners and the Police Department to enforce Virginia's trespass laws. Before this year, property owners themselves were required to give notice to trespassers that they were not allowed on property before the trespassers could be charged with a crime. The new amendment allows Police Departments to prohibit individuals from trespassing on private property when the property owner has authorized the Police Department to do so. However, before the Police Department can act on behalf of private property owners, the Board must adopt the attached ordinance accepting the grant of authority from the General Assembly. The Police Department believes that trespassing is a significant concern in Chesterfield and strongly supports the ordinance change. The ordinance will make it easier to enforce trespassing laws because police officers will be able to arrest trespassers as soon as they observe the trespassing without having to confirm that the property owner has prohibited that individual from trespassing. Additionally, there will no longer be a need for property owners to directly prohibit trespassers from trespassing. Such face-to-face confrontations frequently create other law enforcement issues. The ordinance will assist property owners who have disputes with specific individuals with whom they are having disagreements, such as in domestic situations. The ordinance will not change trespassing laws for property that is posted as "N9 Trespassing." Preparer: ~. (~j~ c-~ ,~ _ Title: County Attorney Steven L. Micas 1305:45942.1 Attachments: 1Yes [5]No 1# 0~4 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY ADDING SECTION 14-22.1 RELATING TO DESIGNATION OF POLICE TO ENFORCE TRESPASS VIOLATIONS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 14-22.1 of the Code qf the Count_ o_f Chestertqeld, 1997, as amended, is added to read as follows: Sec. 14-22.1 Designation of Police to Enforce Trespass Violations. The owner of real property in the county may designate the Chesterfield County Police Department as a "person lawfully in charge of the property" for the purpose of forbidding another to go on or remain upon the lands, buildings, or premises of the owner as specified in the designation. In order to be effective, any such designation must be in writing on a form prescribed by the Chesterfield County Police Department and must be on file with the Chesterfield County Police Department. (2) That this ordinance shall become effective upon adoption. 1305:45793. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: October 13, 1999 Item Number: $.C.4.e. Subject: Set A Public Hearing to Consider an Ordinance Amendment to Permit the County to Recover the Actual Costs of Locating, Capturing, or Disposing of Exotic or Poisonous Animals Found Running at Large County Administrator's Comments: Board Action Requested: Set a Public Hearing date of November 23, 1999. Summary_ of Information: The Board previously requested staffto schedule public heating dates to implement recent legislation from the General Assembly that permits changes to the County Code. During the 1999 Legislative Session, the General Assembly amended the Animal Control laws to permit localities to require that owners of any exotic or poisonous animals found running at large pay a fee to cover the locality's actual cost in locating and capturing or otherwise disposing of the animal. The attached amendment to County Code {}4-3 would implement the General Assembly legislation and permit the County to recover its costs for handling exotic or poisonous animals when running at large. Animal Control staff support the proposed ordinance change. Staff recommends that the Board set a public hearing to consider the attached ordinance change and approve the change at the public hearing. Preparer: ~)c4 [Q~~ Title: County Attorney ] ~t~venL Micas x 1918:46574.1 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTION 4-3 RELATING TO WILD, EXOTIC AND POISONOUS ANIMALS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (I) That Section 4-3 of the Code o_f the Coun_ty o_f Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 4-3. Wild or exotic animals. A. A wild or exotic animal means any (i) live monkey (nonhuman primate), raccoon, skunk, wolf, squirrel, fox, leopard, panther, tiger, lion, lynx or any other warm-blooded mammal, (ii) poisonous snake, (iii) tarantula, (iv) other poisonous animal normally found in the wild, or (v) any member of the crocodilian family including, but not limited to, alligators, crocodiles, caimans, and gavials. Nonpoisonous snakes, ferrets, rabbits, laboratory rats, gerbils, hamsters and other similar small mammals, and other domesticated animals which have been bred in captivity are not wild or exotic animals. B. No person shall keep or permit to be kept on his premises any wild or exotic animal as a pet, for display, or for exhibition purposes, whether gratuitously or for a fee. This prohibition shall not apply to performing animal exhibitions, circuses, veterinary clinics, or indoor/outdoor recreational facilities which have proper zoning and licenses from the government; provided however, that no person shall exhibit or display any wild or exotic animal in a manner so that persons other than their handlers can pet, fondle or come in direct physical contact with them. C_~. The owner of any exotic or poisonous animal found to be running at large off of the owner's property shall reimburse the county for its actual costs incurred, including without limitation the actual cost of the time expended by the animal warden, deputy animal warden or other county personnel, in locating and capturing or otherwise disposing of the animal. Gr. D. Nature centers, refuges or parks owned or operated by the federal, state or local government are exempt from this section. (2) That this ordinance shall become effective immediately upon adoption. 1914:45980.1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of ]- Meeting Date: October 13, 1999 Item Number: 8.C.4.£. Subject: Set Public Hearing To Consider Ordinance Requiring Payment Assessments of Interest On Erroneous Tax C ounWAdministrator's Co~~ County Administrator: ~~~--~rp ~-~. ~/B ~ Board Action Reqn : Set Public Hearing for November 23, 1999 Summary_ of Information: The 1999 General Assembly amended the state tax statutes to require that any locality which assesses interest on delinquent taxes must pay interest at the same rate on overpayments that were erroneously assessed by the locality. The County Treasurer has already implemented this change but the County Code must be amended to reflect the new interest requirement. The attached ordinance contains the new interest requirement. Staff estimates that the County will pay approximately $50,000 per year in interest under the new requirement. Preparer: ~en L. Micas Attachments: ~ Yes [] No Title: County Attorney 042q :46610.1 I# AN ORDINANCE TO AMEND AND REENACT SECTION 9-7 OF THE CODE OF THE COUNTY OF CHESTERFIELD, 1998, AS AMENDED, RELATING TO THE PAYMENT OF INTEREST ON ERRONEOUS TAX ASSESSMENT REFUNDS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: _ Co nO: of Chesterfield, 1998, as amended, is (1) 1hat Section 9-7 of the Code of the "u _ amended and re-enacted to read as follows: Sec. 9-7. Refunds. (a) If the commissioner of the revenue or the real estate assessor is satisfied that he has erroneously assessed any taxpayer with a local tax, he shall certify to the treasurer the amount erroneously assessed. If the tax has not been paid, the taxpayer shall be exonerated from payment of the tax. If the tax has been paid, the tax and applicable penalties and interest shall be refunded with interest to the taxpayer in accordance with Code of Virginia, § 58.1-3990, 3916. (b) The interest paid under subsection (a) shall be paid at a rate equal to the rate imposed by the county for delinquent taxes. Interest on the refund shall be calculated from the later of(i) the date the taxes were due, (ii) the date the taxes were paid, or (iii) July 1, 1999. IT-taxes-are c/ ~,~ tax lciUllU 3il(ltl ou III(tUG UllilUl tilt3 3U~LltJll ii LIIU 1 ckltlu3L l~.Jl ~t i ciUilU i~ illauc Ill[il ~ 6a*-) (c) The refund procedure established by this section shall not apply to refunds resulting from the commissioner of the revenue's decision to reclassify a business for business license taxation; however, those refunds may be processed in accordance with Code of Virginia, §§ 58.1-3980 and 58.1-3981. (Code 1978, § 8-12.7) (2~ That this ordinance shall become effective immediately upon adoption. 0421:46623.1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: October 13, 1999 Item Number: 8. ¢. 5. a. Subject: Acceptance of a Parcel of Land along the South Right of Way Line of Iron Bridge Road from Dynamic Associates, L.L.C. County_ Administrator's Comments: County Administrato~/~/ ~ ~KJ Board Action Requested: Staff recommends that the Board of Supervisors accept the conveyance of a parcel of land containing 0.047 acres along the south right of way line of Iron Bridge Road (State Route 10) from Dynamic Associates, L.L.C., and authorize the County Administrator to execute the necessary 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 John W. Harmon Attachments: Yes No Title: Right of Way Manaqer VICINITY SKETCH ACCEPTANCE OF A PARCEL OF LAND ALONG THE SOUTH RIGHT OF WAY LINE OF IRON BRIDGE ROAD FROM DYNAMIC ASSOCIATES LLC STA LAKEWOOD ESTATES ion Chester AME A3HTOFI I HOLLY CREEX 100 Z O..j ¢,,,, m 50 0 1 O0 GRAPHIC SCALE: 1" = 100' I 20O CARVER HEIGHTS ASSOC. DB 1978 PG 412 PIN No. 779-652-8201 5900 CARVER HEIGHTS DR. N80'36'OS"W'' ~ 512.85' SITE PLAN No. 99PR0348 MULBERRY CORPORATION .~~ DB 2201 PG 14.33 PIN No. 778-652-5106 11920 IRON BRIDGE RD N8O'36'orw -- I 241,08' ~ 1 ~ , ~o Z LINE TABLE L1 S09'25'5~W 20.74' L2 N09'25'57" E 8.45' L5 N09'25'57"E 7.15' 1 L4 N15'15'03" E 5.09' ~652949 ~8,~ L5 Nog'23'57"E 8.39' / 't 17801 ~.857 I/ .VAR WIDTH PARCEL FOR · VAR WIDTH PARCEL FOR ~ - I/ /DEDICATION 0.149 ACS. DEDICATION 0.047 ACS. .f ~o ~], g:~;.2~,?~ LAND AND A 0.047 ACRE PARCEL OF il. /. -' ,...~.,,,,¢' LAND TO BE DEDICATED TO THE COUNTY '~4'Osu~,,~ OF CHESTERFTEC]:) LOCATED IN THE BERUUDA , "~ DISTRICT, CHESTERFIELD COUNTY, VIRGINIA ~¢ALF: 1' = 100' GENE WATSON & ASSOCIATES, P.C. R~V.: 6.-22-99 4221 BONNI~ BANK RD OATF: 5-~4-99 JN 3202A RICHMOND VIRGINIA 23234 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: October 13, 1999 Item Number: 8. ¢. 5. b. Subject: Acceptance of a Parcel of Land along and Extending North from the North Right of Way Line of Hull Street Road from the Trustees of Chesterfield Baptist Church County Administrator's Comments: ~~~/~ County Administrator: _~?~, ~ Board Action Reqnested: staff recommends that the Board of Supervisors accept the conveyance of a parcel of land containing 0.928 acres along and extending North from the north right of way line of Hull Street Road (U. S. Route 360) from the Trustees of Chesterfield Baptist Church, and authorize the County Administrator to execute the necessary 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 John W. Harmon Attachments: YesI INo Title: Riqht of Way Manager VICINITY SKETCH ACCEPTANCE OF A PARCEL OF LAND ALONG AND EXTENDING NORTH FROM THE NORTH RIGHT OF WAY LINE OF HULL STREET ROAD FROM THE TRUSTEES OF CHESTERFIELD BAPTIST CHURCH CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: October 13, 1999 Item Number: ~. c,. 5_ c_. Subject: Acceptance of a Parcel of Land along the South Right of Way Line of Iron Bridge Road from C. F. Currin, Jr. and Betty L. Currin County_ Administrator's Comments: /~~ County Administrator ~/~~/~-~~~ ~/~ Board Action Requested: Staff recommends that the Board of Supervisors accept the conveyance of a parcel of land containing 0.149 acres along the south right of way line of Iron Bridge Road (State Route 10) from C. F. Currin, Jr. and Betty L. Currin, and authorize the County Administrator to execute the necessary 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:~,-~ '~J. ~~v~ John W. Harmon Attacb_ments: Yes No Title: Right of Way Manager VICINITY SKETCH ACCEPTANCE OF A PARCEL OF LAND ALONG THE SOUTH. RIGHT OF WAY LINE OF IRON BRIDGE ROAD FROM C F CURRIN JR AND BETTY L CURRIN 100 Z 50 0 1 O0 GRAPHIC SCALE: 1" = 100' I 2O0 CARVER HEIGHTS ASSOC. DB 1978 PO 412 PIN No. 779-652-8201 5900 CARVER HEIGHTS DR. N80'36'O3"W ~ 312.85' Z I cq IJJ ~ zr-'' o ~-~ SITE PLAN No. 99PR0348 I MULBERRY CORPORATION DB 2201 PG 1433 PIN No. 778-652-5106 11920 IRON BRIDGE RD N80'36'03"W ~ 241.08' Zrn I~ Z LINE TABLE L1 S09'23'57"W 20.74' L2 N09'23'57" E 8.43' L3 N09'23'57" E 7.15' L4 N15'15'03" E 5.09' i,i ,3652949-383 L5 NO9'23'57"E 8.39' VAR WIDTH PARCEL FOR - VAR WIDTH PARCEL FOR DEDICATION 0.149 ACS. DEDICATION 0.047 ACS. I / -- RD ~T'D. ~ g:~ · ~ ~ND AND A 0.047 ACRE PARCEL OF ~ , -' _~ ~ND TO BE DEDICATED TO THE COUN~ ~,~,~ OF CHESTERFIE~ LOCATED IN THE BERMUDA , ~ DISTRICT, CHESTERFIE~ COUNt, VIRGINIA SC~E: ~" = m00' GENE WATSON & ASSOCIATES, P.C. R~.: 6-22-99 4221 BONNIE BANK RD 0ATE: 5-24-99 JN 3202A RICHMOND, VIRGIN{A 23234 (804) 271-8038 FILE: CIT-S029A CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: October 13, 1999 Item Number: 8.C.5.d. Subject: Acceptance of a Parcel of Land along the West Right of Way Line of Woolridge Road from Richmond Baptist Association, Incorporated County Administrator's Comments: County Administrator.~. ~ . .~A~~f~ ~Z~{/~ Board Action Requested: Staff recommends that the Board of Supervisors accept the conveyance of a parcel of land containing 0.183 acres along the west right of way line of Woolridge Road (State Route 668) from Richmond Baptist Association, Incorporated, and authorize the County Administrator to execute the necessary 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 ~ohn W. Harmon Attactunents: Yes No Title: Right of Way Manager VICINITY SKETCH ACCEPTANCE OF A PARCEL OF LAND ALONG THE WEST RIGHT OF WAY LINE OF WOOLRIDGE ROAD FROM RICHMOND BAPTIST ASSOCIATION INCORPORATED NOIF~ C, PtN 717-680-4785 WILSON D. BRAITHWAITE & ELSIE ~. BRAITHWAITE D.B. 3118 PG. 206 '-------- -- ~86*3~'t9'%/ GPIN 716-680-0205 ELISABETN C. SMITH FAMILY P~NSHP D.B. 2846 PG. 6J4 N J880436.091 £ 117f7495.445 N 3680718.J21 £ I1717630.624 RLA T DF LAND TD BE CHESTERFIELD DF k/DDLRI1]GE SHDVING A 0,183 DEDICA TED SI TUA TED DN THE Wv'EST RDAD SDUTH DF GENITD MA TUACA DISTRICT CHESTERFIELD CDUNTY, VIRGINIA POTTS, MINTER and ASSOCIATES, En&~neez~, Laad ~~, ~nd Pl~ne~ 35~ Co~o~e Road S~te B ~chmond, ~a ~3~38 ACRE PARCEL TO THE CDUN T Y DF LINE RDAD P, C, Date: 8-2-99 Sca~e: 1 '=50' J.N. 9908-04 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 1 Meetin~ Date' October 13, 1999 Subject: Memorandum of Agreement For Extension Service County Administrator's Comments: ~ ~ Item Number:8, County Administrator: ~ Board Action Requested: The Board is requested to authorize the County Administrator to sign the updated Memorandum of Agreement with Virginia Cooperative Extension. Summary of Information: The existing Memorandum between Virginia Cooperative Extension and Chesterfield County was signed in 1994. The attached has been updated to cover minor administrative changes as suggested by Virginia Cooperative Extension. This memorandum has been approved as to form by the County Attorneys Office. " Richard A. NuCinally Attachments: ¥¢s I-~ No Director MEMORANDUM OF AGREEMENT between VIRGINIA COOPERATIVE EXTENSION (Virginia Polytechnic Institute and State University and Virginia State University) and Introduction THE COUNTY OF CHESTERFIELD, VIRGINIA Established in 1914, Cooperative Extension was designed as a partnership of the U.S. Department of Agriculture, the Land-Grant Universities, and local governments. Today, Virginia Cooperative Extension provides research based educational programs for the people of the Commonwealth through Extension Agents in 107 county and city offices. Local citizens are engaged in helping Extension Agents design, implement and evaluate educational programs to address the needs of local residents. I. Purpose of Memorandum The purpose of this Memorandum of Agreement is to establish a mutual agreement between Virginia Cooperative Extension (hereat~er referred to as "VCE") and the County of Chesterfield (hereinafter referred to as "County") related to VCE's department structure, administrative responsibility, program responsibility, personnel, and financial arrangement. lI. Department Structure The VCE Extension program in the County shall be conducted within a department known as the "Department of Extension and Continuing Education" or office known as "Virginia Cooperative Extension." Other County programs may be added to the department if they are consistent with the VCE mission and if mutually agreed upon by VCE and the County. llI. Administrative Responsibility_ All VCE personnel will report administratively to the Associate Director of VCE through the Unit and District Extension Director. The Director of VCE or the director's designee will appoint a Unit Coordinator for the office. The Unit Coordinator shall be responsible to the District Director and shall also be responsible to the County for those responsibilities assigned to him/her for County coordination purposes. The County may appoint the Unit Coordinator as Department director in accordance with the provisions of county policies and the laws of the Commonwealth of Virginia. The appointment of an Extension Agent to fulfill this responsibility must have the concurrence of the Director of VCE. W. Program ResponsibiliW Programs will be developed in accordance with the VCE process of program development, which involves citizens/residents in the determination, and implementation of programs that will address their needs. Supervision of the total program will be under VCE with the expectation that there will be close program coordination and collaboration with the County and other key agencies and organizations. VCE has implemented a program delivery process involving agent specialization. Specialization is the process of acquiring in-depth knowledge and skills to lead a designated program specialty. Area programming is programming across geographical areas, usually a planning district, with the intent to deliver better programs. It is mutually agreed upon by both parties that all efforts will be to support this new approach to Extension programming in Virginia. V. Personnel There may be two types of staff employees within the Extension Unit - employees of VCE and employees of the County assigned to VCE. The term "VCE employees" as used in this Memorandum of Agreement are those payrolled by VCE. Their salaries may be funded 100 percent by VCE, funded 100 percent by the County, or funded jointly by VCE and the County. These employees will be employed through the procedures prescribed by the Commonwealth of Virginia and the Virginia Tech EEO/Affirmative Action program. Employees payrolled by the County and assigned to VCE will be employed in accordance with the County's established hiring procedures. Extension agents are faculty of Virginia Polytechnic Institute and State University ("University") and subject to the guidelines of the Faculty Handbook. VCE employees who are members of the State of Virginia Personnel Classification System are subject to system guidelines, including salaries and fringe benefits. Wage employees payrolled by VCE are subject to the applicable state and university guidelines. The title of Extension Agent is reserved for VCE employees. No County employee can assume the title of Extension Agent. VCE is not liable for actions of County employees and the County is not liable for actions of VCE employees. 2114:46267. I - 2 - VI. Financial Arrangement VCE will annually submit a formal budget request for County funds to support the Extension program. The guidelines for the budget are: A. Salaries The County will pay extension Agents, jointly funded by VCE and the County, a minimum of 33-1/3 percent of their base salary. Salary adjustments for faculty members, including Extension Agents, are based on an annual evaluation. The County is encouraged to provide input to the Extension Agents' evaluations. The County is responsible for the approved salary increase on the County portion of the base salary. VCE will payroll all Extension state employees and will bill the County for the County's portion of salaries. The billing method, monthly or quarterly, should be specified in the Local Extension Budget Exhibit. The County will not provide any direct payments to these employees. Any employee payrolIed by the County and assigned to the Extension Office will receive 100 percent of his salary/wages from the County. B. Fringe Benefits The County will pay state fringe benefits on the County portion of salaries. VCE will pay fringe benefits on the state portion of salaries. The percentage of fringe benefits to be applied to salary costs will be requested in the County's budget document. The County is responsible for paying 'and administering fringe benefits according to County policy for County employees assigned to VCE. C. Operatin~ Funds VCE agrees to provide specialist assistance, One secretarial position, office equipment not furnished by the county, office furniture, publications, travel funds, office supplies, postage, plant disease diagnostic services, software upgrades, in-service training for Extension Agents, and fringe benefits for VCE employees as defined above. The County agrees to provide office space and appropriate insurance, additional secretarial assistance, telephone service, printing and other equipment and supplies approved by the County and not furnished by VCE. The County shall have no obligation to provide any of the aforementioned items except as appropriated by the Board of Supervisors. It is further agreed that VCE will provide all appropriate insurance coverage for thek employees and any property, either real or non real wl-dch is owned by the Commonwealth of Virginia 2114:46267.1 - 3 - and used in Extension programming. Likewise the county will protect its employees and any property, either real or non real which is owned or controlled by the county and used in Extension programming through a program of self insurance. VII. Amendment This Memorandum may be amended in writing upon consent of both parties. Before this Memorandum can be terminated by either party, three-months notice must be given in writing to the other party, unless termination is the result of non-appropriation of necessary funds by the County, in which case no notice shall be required. VIII. Signatures The following representatives of VCE and the County of Chesterfield agree to the above. Approved as to form: Assistant County Attor~ Lf tfh'~Coordinator, VCE,/ fi' Date:__~__~~;/q County Administrator Date: 2114:46267.1 -4- CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meetin~ Date' October 13, 1999 Item Number: 8.C.7. Subject: To Appropriate Supplemental Federal Funding for Child Care Programs Conducted by the Extension Service County Administrator's Comments: ~57~ ~ County Administrator: ~__/,!? ~~ / Board Action Requested: Acceptance of supplemental federal funding and appropriation of funds to continue the quality child care initiative. Summary of Information: During 1998-99 a quality child care program was initiated by the Extension Service with federal funds applied for by Social Services. The purpose of this project is to develop an initiative which focuses on assisting customers in selecting quality child care services. Components of the project include development of educational materials, conferences on quality child care for service providers, and presentations to parents on what to expect from child care providers. Due to the success of the first few months of the project, the funding has been renewed for '99 - '00. This $45,000 will be allocated to cover part time wages, educational supplies, local travel, conference expenses, and other supplies. Preparer: ,~A~N u n~lly~~/ Attachments: ~ Yes No Title: Director, Extension Service CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Mcctina Date: October '13. `1999 Number Bud.qet and Mana.qement Comments: During FY99 social Services applied for a program which focuses on assisting customers in selecting quality child care services. The program is coordinated in the Extension Service office. Due to the success of this program, federal funds are being renewed for FY2000. This item requests appropriation of $45,000 in federal funds in the Extension Service budget for this initiative. No local match is required. Preparer: i~,~.-~ ~-~/~"~ Title: Director, Bud.qet&Mana.qement Rebecca T. Dickson Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA October 13, 1999 Item Number: 8 .C.8. Page 1 Subject: FY2000 Budget Revision for Emergency Communications County Administrator's Comments: ~~ County Administrator: ~1~~~ Board Action Requested: Appropriate $98,778 in additional state revenue from the Virginia Wireless E9-1-1 Services Board for use in starting to take Wireless 9-1-1 calls in Chesterfield County and increase the Emergency Communications expenditure appropriations by $98,778, and authorize the creation of four positions to assist the Emergency Communications Center in handling the increase in calls. Summary. of Information: The Virginia General Assembly created the Virginia Wireless Eg-l-1 to provide funding to assist localities with implementing wireless (cellular, PCS, etc.) Enhanced 9-1-1 services to their citizens. These funds are to be used to directly assist the locality with staffing for wireless calls and for the equipment and services specifically required to handle these calls. Preparer: ~ Steve A. Elswick Attachments: ~--]Yes No Title: Fire Chief CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meetin_~ Date: October 13. 1999 Bud.qet and Mana.qement Comments: Number In recent years the number of 911 calls received from wireless phones has increased dramatically. Currently, all incoming 911 calls'placed by wireless callers are answered by the State Police. The State Police then determines the location of the emergency and routes the call to the affected locality. This process creates a delay due to the transfer. As intended by the General Assembly, the State Police are in the process of moving this responsibility to local 911 centers. Beginning June 15, 2000, the Chesterfield County Emergency Communications Center will begin accepting its own wireless 911 calls directly. It is anticipated that this service level enhancement will provide more efficient and quicker responses to emergencies within the County. At the same time, it will require new equipment and additional Emergency Communications Officers to manage the increase in calls. In order to accommodate this transfer of responsibility, the State has established a process to provide funding to localities. This funding is intended to offset the cost of equipment, maintenance and personnel related to answering wireless 911 calls. The amount approved by the State Wireless 911 Board for Chesterfield County during FY2000 is $98,778. It is anticipated that funding will also be available in FY2001, although the exact amount has not yet been determined. The addition of new positions, and the capability to accept wireless 911 calls, is within the planned scope of the communications upgrade project that is currently underway. This project involves the construction and implementation of new, state-of-the-art 911 Center and County-wide digital radio system. Preparer: "'~ -~'~/~O'~ Title: Director, Bud.qet & Manaqement Rebecca T. Dickson CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: October 13, 199~) Item Number: Subject: County Administrator: Award of Contract to Organic Waste Technologies, in the Amount of $315,645 to Cover the Cost of Improvements to the Landfill Gas Collection System at the Closed Chester Landfill ra or'soo n, = Board Action Requeste(;l: Award contract to Organic Waste Technologies in the amount of $315,645 and authorize the County Administrator to execute all necessary documents. Summary_ of Informatiort; The Landfill Gas Collection System was originally installed in 1990, and is in need of improvements. These improvements will enhance the collection efficiency of the system, which will ensure compliance with Federal and State regulations. Sufficient funds are available within the current allocation. Preparer: Francis M. Pitaro Title, Director of General Services Attachments: Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meetina Date: October t3. 1999 Number Bud.qet and Mana.qement Comments' Staff is requesting approval to award a contract in the amount of $315,645 for improvements to the landfill gas collection system at the closed Chester Landfill. The current landfill gas collection system was originally installed in 1990. These improvements will enhance the collection and efficiency of the system and ensure compliance with federal and state regulations. Sufficient funds are available in the project to cover the cost of the contract award. Preparer: Rebecca T. Dickson Title: Director, Bud,qet & Management CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meetinq Date: October 13, 1999 Item Number: 8.C.lO.a. Subject: Appropriation of $44,200 in Risk Management's Undesignated Retained Earnings to Initiate a Back Injury Prevention Program for the Fire Department in FY2000 County Administrator's Comments: C°unty Administrats~ -~~)/~ / ~'~ Board Action Requested: Appropriate $44,200 from the risk management's undesignated retained earnings to the Fire Department's FY2000 Budget for the implementation of a back injury prevention program. Summary of Information: In the last four years, the Fire Department has experienced an increase in the number of back injuries while the average medical expense per injury has more than doubled each year. A recent survey of departmental employees found that 68% of respondents have experienced a back injury, and 39% of respondents were currently experiencing back pain. The department is now facing career-threatening back injuries resulting from such routine actions as lifting and moving EMS patients. The proposed Back Injury Prevention Program is designed to reduce the County's incurred costs, promote a healthy lifestyle for employees, and provide a foundation for a complete fitness program. This is to be accomplished by educating employees and increasing awareness of back injury potential, assessing the abdominal and back strength of each firefighter, and monitoring the progress of employees through specific exercises and techniques. Preparer'~, ,~~g~-. ~/Cynthia B. Smith Title: Asst. Director, Risk Management Attachments: ~-~ Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: October 13. 1999 Number Bud.qet and Mana.qement Comments: The Board is being asked to appropriate $44,200 of Risk Management's undesignated retained earnings in order to initiate a back injury prevention program in the Fire Department during FY2000. These funds will cover training sessions from an identified vendor, instructor pay for peer trainers within the Department, and thirteen pieces of exercise equipment. As the program develops, it is anticipated that the Risk Management Department will process fewer workman's compensation claims related to the Fire Department's back injuries, while work time lost to injury, medical costs, and perhaps disability retirements can also be avoided. Beginning in FY2001, this program will become part of the Fire Department's operating budget. Preparer: Rebecca T. Dickson Title: Director, Bud,qet & Management CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: October 13, 1999 Item Number: 8.C.10.b. Subject: Appropriation of Funds for the Chester Village Streetlights Project County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to appropriate anticipated VDOT reimbursements and private contributions for the Chester Village Streetlights Project. Summary of Information: VDOT has asked the County to administer this project. The Board previously authorized the County Administrator to execute a VDOT/County "enhancement project agreement". The agreement allows the County to proceed with the design, right-of-way acquisition, and/or construction of this project. Staff is currently proceeding with the project. VDOT reimbursements of $120,000 and private contributions of $30,000 need to be appropriated by the Board for this project. Recommendation: Staff recommends the Board take the following actions: 1) Appropriate $120,000 anticipated VDOT reimbursements for the Chester Village Streetlights Project; and 2) Appropriate $30,000 anticipated private contributions for the Chester Village Streetlights Project. District: Bermuda Preparer: /~.,.], /~/~ s, R.J. McCracken Agen420 Attachments: Yes Title: Director of Transportation CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: October 13. 1999 Number Bud,qet and Mana.qement Comments: Staff is requesting appropriation of anticipated VDOT reimbursements in the amount of $120,000 and $30,000 in private contributions to proceed with the design, right-of-way acquisition, and installation of street lights in the Chester Village project. This project is estimated to cost a total of $180,000 for installation of 210 ornamental acorn style street lights in the Chester Village. The balance available is $30,000 in the project account. The on-going annual operating cost of these lights is estimated to be $42,462 beginning in FY01. This additional operating impact will be addressed in the FY01 budget process. Preparer: ~Z-P~4""~-~"~ ( C ~4¢Y-//'Title: Director, Budget & Management Rebecca T. Dickson CHESTER VILLAGE STREETLIGHTS VICINTY MAP .... '- ROUTE 10, PROJECT LIMITS CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: October 13, 1999 Item Number: 8.C.10.c. Subject: Appropriation of Funds for Two Separate Road Construction Projects (Genito Road/Woolridge Road Intersection and Old Bon Air Road). CountvAdministrator: ~ ~~~~ Board Action Requested: The Board is requested to appropriate funds for two separate secondary road highway projects. Summary of Information: When the Board approved the Secondary Road Six Year Improvement Plan in May 1999, staff was authorized to proceed with design, right-of-way acquisition, and construction of the projects in the plan. VDOT has agreed to allow the County to assume the design, right-of-way acquisition, and construction activities at VDOT cost, for two projects (see Attachment A). A VDOT/County design/right-of-way/construction agreement is being executed. Under the terms of the agreement, the County will perform the various activities and be reimbursed by VDOT. Recommendation: Staff recommends the Board take the following actions: · Appropriate $446,000 in anticipated VDOT reimbursements for the Genito/Woolridge project. Appropriate $475,000 in anticipated VDOT reimbursements for the Old Bon Air Road project. District: Preparer: Clover Hill, Matoaca and Midlothian it,e: McCracken Agen419 Director of Transportation Attachments: Yes --~No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meetina Date: October 13. 1999 Number Budget and Management Comments: Staff is requesting appropriation of anticipated VDOT reimbursements in the amount of $446,000 for the Genito/Woolridge Road project and $475,000 for the Old Bon Air Road project. VDOT has agreed to allow the County to assume responsibility for the design, right-of-way acquisition, and construction of the Genito/Woolridge Road project and the Old Bon Air Road project. The Genito Road at Woolridge Road intersection improvement project will construct turn lanes and improve vertical alignment. The Old Bon Air Road project (from Iron Mill Road to South of Groundhog Road) will reconstruct and realign roadway centerline and profile. Preparer: ~~za~-',~-~ ~C/~b--~ Rebecca T. Dickson Title: Director, Budget & Management SECONDARY ROAD PROJECTS Project Description Appropriation Genito Road at Woolridge Road - Construct turn lanes and $446,000 Intersection Improvement improve vertical alignment Old Bon Air Road Reconstruct and realign $475,000 From Iron Mill Road roadway centerline and profile To. 11 mile South of Groundhog Road IATTACHMENT A I PROJECT oK'O c~ 0 ROAD ,% £1F/£r CREEK RESERVOIR. GENITO-ROAD at WOOLRIDGE ROAD INTERSECTION IMPROVEMENT PROJECT VICINITY MAP ' ' ~:~:~."l GENITO ROAD OLD BON AIR SAFETY PROJECT CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 2 AGENDA Meeting Date: October 13, 1999 Item Number: 8. C. 11. Subject: Appropriation and ~ansfer of $250,000 to the Industrial Development Authority of Chesterfield County for the Acquisition of Property at the Meadowville Technology Park County Administrator's Comments: ~--e~~~c~ ~~ Countlt Administrator: (~~/ ~ ~_f~ Board Action Reque~d: Appropriate and transfer $250,000 from the Industrial Park Reserve to the Industrial Development Authority of Chesterfield County for the acquisition of property at the Meadowville Technology Park. Summary_ of Information: On December 12, 1997, the Industrial Development Authority of Chesterfield County ("IDA") and Meadowville, L.L.C. ("Meadowville") entered into a Development Agreement to market and sell approximately 1,000 acres of industrially-zoned property in the County known as the Meadowville Technology Park. The property is to be marketed to high technology and compatible industrial use businesses. Under the Development Agreement, the IDA and Meadowville share proceeds from the sale of the property to companies locating in the Industrial Park. The IDA controls the property under an exclusive option to purchase the property for $15,000 an acre with an annual escalator of 2.5%. The Development Agreement allowed the IDA to control the sale of the property without expending any funds for the last two years, but will only continue if Meadowville has received a minimum amount of proceeds from the sale of the property by the end of 1999 and each succeeding year. The Development Agreement establishes the amount of proceeds that Meadowville must receive each year. By December 31, 1999, Meadowville must receive proceeds totaling $250,000. Because there have been no sales in the Industrial Park during the last two years, the IDA is in the process of identifying property it desires to purchase from Meadowville in order to prevent the Development Agreement from terminating. The property acquired by the IDA will eventually be sold to a company locating in the Industrial Park. The IDA's purchase of the property is contingent upon receiving $250,000 from the County. Funds in the amount of $145,700 are currently available in the Industrial Park Reserve for this appropriation. The balance of $104,300 is anticipated from the pending sale of property in the Airport Industrial Park. / James G. Dunn Attaclnnents: [] Yes B No Title: Director, Economic Development 0600(21 ):46391 . ~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Mcctino Date: October 13. t999 Number Bud,qet and Mana.qement Comments: As referenced in the Summary of Information, the IDA and Meadowville share proceeds from the sale of the Technology Park property. The Development Agreement allowed the IDA to control the sale of the property without expending any funds for the last two years, but will only continue if Meadowville has received a minimum amount of proceeds from the sale of property by the end of 1999 and each succeeding year. By December 31, 1999, Meadowville must receive proceeds totaling $250,000. Subsequent years proceed requirements are defined in the Agreement; however, by December 31, 2000, Meadowville must receive proceeds totaling $750,000. Funds in the amount of $145,700 are currently available in the Industrial Park Reserve for this appropriation~ The balance of $104,300 is anticipated to be received from the pending sale of property in the Airport Industrial Park. Preparer: ~"~c~ t'~'. ~-~i¢[%~ Rebecca T. Dickson Title: Director1 Budget & Management CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page I of 1 AGENDA Meeting Date: October 13, 1999 Item Number: 8. C. 12. Subject: Request for a Permit to Stage a Fireworks Display at the 250a~ Anniversary Investiture of the Board of Supervisors on December 16, 1999 County Administrator's Comments: Board Action Requested: Summary_ of Information: The County Administration is requesting permission from the Board to stage a fireworks display at the Old Historic Courthouse as part of the 250t~ Anniversary 1999 Investiture of the Board of Supervisors. The fireworks will be shot from the roof of the Administration Building located at 9901 Lori Road in Chesterfield, Virginia. The fireworks display will last approximately 6 to 7 minutes and will be conducted after the ceremony at approximately 5:00 p.m. The County will contract with Dominion Fireworks, Inc. for the fireworks display. Mr. W.G. Bulifant of Dominion Fireworks, Inc. has previously conducted similar displays at Southside Speedway and elsewhere in the County and will oversee the discharge of the fireworks. Mr. Bulifant has submitted evidence of a fireworks liability insurance policy in the amount of $2,000,000 which names the County as an additional insured. The Fire Prevention Bureau has reviewed the County's plan and has indicated that the proposed display meets all applicable criteria under the Fire Prevention Code. Preparer: Attachments: [] Yes [] No Title: County Attorney 1221:46568.1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: October 13, 1999 Item Number: $. C. 13. Subj eot: Street Name Change County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to approve renaming a portion of Walton Park Road to Walton Park Lane. Summary of Information: The Virginia Department of Transportation is constructing a portion of North Woolridge Road from Coalfield Road to Route 60. In conjunction with this construction, Walton Park Road will be relocated to tie into North Woolridge Road approximately 700 feet south of its current intersection. This relocation will affect the addresses of two existing homes and one church located along a portion of existing Walton Park Road. Notification letters were sent to the three affected property owners, and all have approved the street name change to Walton Park Lane. Staff Recommendations: Recommend the Board of Supervisors approve renaming approximately 600 feet of Walton Park Road south of its old intersection with Route 60 to Walton Park Lane to be effective immediately. District.: Midlothian Preparer: Richard M. ~e~lfish, P.E. Attachments: Yes ~ No Title: Director of Environmental Engineering I Pa_ eel Map of Chesterfield Co ~tyA ~ Chesterfield County assumes no legal respom~ility for the inforrmtion contained on this rmp. ~ N n~p is not to be used for land conveyance. ~ horizontal data is based on lhe VA State Plane Coordinate system, NAD 1983. The topographic information is based on 1989 photo~ and NAVD29. 100 0 100 200 Feet 13137 201 210 Printed by: Environmental Engineering Date: Thu Sep 23 07:43:54 1999 Copyright 1999. Chesterfield County CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page1 of 1 Meeting Date: October 13, 1999 Item Number: 8. C. 14. Subject: State Road Acceptance County Administrator's Comments: Board Action Requested: BERMUDA: MATOACA: Summary of Information: Amherst, Section 1 Ashbrook, Section 9 Branders Estates Chesdin Landing, Section 1 Preparer: Attachments: · 'd M. ~M~fish, P~.E. Yes ~ No Title: Director, Environmental Engineering TO: Board of Supervisors FRO1Vk Department of Envirommmtal Engineering SUBJECT: State Road Acceptance - AMHERST, SEC. 1 DISTRICT: BERMUDA MEETING DATE: 13 October 1999 ROADS FOR CONSIDERATION: AMHERST RIDGE CT AMHERST RIDGE LN AMHERST RIDGE PL AMHERST RIDGE WY Vicinity Map: AMHERST, SEC. 1 TO: Board of Supervisors FROM: Depmm-mt of Environtmntal Engineering SUBJECT: State Road Acceptance - ASHBROOK, SEC.9 DISTRICT: MATOACA MEFTI'ING DATE: 13 October 1999 ROADS FOR CONSIDERATION: BLUE CEDAR DR GROUND FERN DR GROUND FERN PL Vicinity Map: ASHBROOK, SEC.9 TO: Board of Supervisors FROM: Depmmmt of Environrnental Engineering SUBJECI': State Road Acceptance- BRANDERS ESTATES DISTRICT: MATOACA MEbTIING DATE: 13 October 1999 ROADS FOR CONSIDERATION: Map: BRANDERS ESTATES TO: Board of Supervimm FROM~ Depammnt of Environnmtal Engineering SUBJECT: State Road Acceptance - CHESDIN LANDING, SEC. 1 DISTRICT: MATOACA MF, ETING DATE: 13 October 1999 ROADS FOR CONSIDERATION: Vicinity Map: CHESDIN LANDING, SEC. 1 LbyCh~di~ldCountyGiS CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: October 13, 1999 Item Number: $. C. 15. Subject: Authorize Execution of a Cooperative Communications Agreement with the City of Colonial Heights Regarding the County's Public Safety Communications System County Administrator's Comments: ~<~-~-~//rrZ~J ~ County A d m i n ,st rat o r:(~ .~//~~r~ ~ ~ l~ Board Action Reqtu~ted: Authorize County Administrator to enter into the attached Cooperative Communications Agreement Summary_ of Information: With the upgrade of the Public Safety Comunications System, the City of Colonial Heights is interested in becoming more involved in the regional communications system with Chesterfield, Richmond and Henrico. Accordingly, County staff has negotiated an agreement with the City of Colonial Heights that will permit the City to access the County's radio system infrastructure for its own new public safety system. Under the terms of the agreement, one of the towers supporting the County's new system will be constructed in the City of Colonial Heights at the City's expense. The City will also pay the County to maintain its equipment. A tower location in Colonial Heights will improve coverage of the County's system in the southern part of the County. The City's access of the County's radio system will not in any way interfere with the County's use of the system. Under the terms of the agreement, the City must complete construction of its tower at the same time the County' s other tower sites are completed. The term of the agreement is five (5) years with automatic renewals for five (5) year terms. Staff recommends that the County Administrator be authorized to enter into the Cooperative Communications Agreement. Preparer: ~~~~.~: R~)bX~t ~L. }~anes Attachments: · Yes [] No Title: Assistant to the County Administrator 0618:46583.1 COOPERATIVE COMMUNICATIONS AGREEMENT This Agreement, made this __ day of ,1999, by and between the County of Chesterfield ("County") and the City of Colonial Heights ("City"), WHEREAS, the County and the City are seeking to enhance public safety by implementing new 800 MHz wireless emergency communications systems in their respective jurisdictions; and WHEREAS, the County and the City desire to share resources in order to improve coverage of their respective emergency communications systems and to avoid unnecessary expenditures; and WHEREAS, the County and the City have determined that through a cooperative agreement relating to the implementation of each system that the public safety of each jurisdiction will be better secured; NOW, THEREFORE, in consideration of the premises and terms and conditions provided herein, the County and the City agree as follows: 1. Provided that the City fulfills its obligations under this agreement, the County will permit City subscriber units and consoles to access the County's 800 MHz digital simulcast tmnked radio system infrastructure with all the technical, coverage, and redundancy benefits associated therewith ("Communications System"). Provided that the County fulfills its obligations under this agreement, the City will permit County subscriber units and consoles to access the City's radio site. 2. In consideration of the County providing the City access to the Communications System, the City shall construct and implement, at no cost to the County, a remote radio site within the City's corporate limits, at a location that meets the approval of both the City and the County. The City ~hall seek to have the microwave capabilities of the site completed by July 1, 2000, and the Page 1 of 4 remaining portion of the site fully operational by July 1, 2001. The parties agree that the City's site upon completion shall be integrated into the Communications System and accordingly shall be constructed to be fully compatible with the Communications System. 3. After the applicable warranty periods expire on the equipment acquired by the City for the infrastrucmr~ of the Communications System, and for so long as it remains part of the Communications System, the County agrees that it will provide all common infrastructure and subscriber unit maintenance for the Communications System, and will charge the City for such : maintenance at rates equal to those charged to County agencies. Payment for such maintenance shall be paid to the County within thirty (30) days of the bill date. 4. The City shall be responsible for all costs associated with the purchase and ownership of the City's subscriber 'units, as well as all other costs associated with constructing and implementing the City's radio site and its integration of its emergency communications into the Communications System. 5. The County and the City agree to work cooperatively to ensure consistent operational capabilities of[he Communications System for both localities, including establishing policies and procedures governing use of the system which may be deemed necessary from time to time. 6. The term of this agreement shall l~e five (5) years and shall automatically renew for subsequent five (5) year terms unless terminated by either party. Either party may terminate this agreement upon six months advance written notice provided to the County Administrator for the County and the City Manager for the City. 7. All obligations undertaken by the parties shall be subject to nonappropriation by the respective governing bodies of the County and the City. Page 2 of 4 8. It is not the intent of the parties and nothing in this agreement shall be interpreted to require either the County or the City to provide any form of public safety service or response outside its respective jurisdiction. 9. Each party represents that the governing body of its respective jurisdiction has approved this agreement and authorized its execution. WITNESS the following signatures: COLrNTY OF CHESTERFIELD By Lane B. Ramsey County Administrator CITY OF COLONIAL HEIGHTS By Robert E. Taylor City Manager COMMONWEALTH OF VIRGINIA, County of Chesterfield, to-wit: The foregoing instrument was acknowledged before me this day of ,1999, by Lane B. Ramsey, County Administrator, on behalf of the County of Chesterfield, Virginia. My commission expires: / / Notary Public Page 3 of 4 COMMONWEALTH OF VIRGINIA, City of Colonial Heights, to-wit: The foregoing instrument was Heights, Virginia. acknowledged before me this day of ,1999, by Robert E. Taylor, City Manager, on behalf of the City of Colonial My commission expires: / / Notary Public Page 4 of 4 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: October 13, 1999 Item Number: 8. c. 16. Subject: Vacation and Re-dedication of a Water Easement Across the Property of Commonwealth of Virginia, State Board of Juvenile Justice County_ Administrator's Comments: ~~~ County Administrator: Q/~~ ~/~/~A~ Board Action Requested: Authorize the Chairman of the Board and County Administrator to execute a water easement agreement for the vacation and re-dedication of a water easement across the property of Commonwealth of Virginia, State Board of Juvenile Justice. Summary_ of Information: On April 17, 1996 a water easement agreement was recorded in deed book 2849, page 717, which conveyed a water easement according to three plats by Whitman, Requardt & Associates, dated November 8, 1995; however, the easement should have been granted according to three plats by Whitman, Requardt & Associates; one dated April 14, 1997, and two dated November 8, 1995. The relocation of this easement has been reviewed by staff and approval is recommended. District: Midlothian Preparer: Jo~n W. Harmon Attachments: Yes No Title: Right of Way Manaqer VICINITY SKETCH VACATION AND RE-DEDICATION OF A WATER EASEMENTACROSS THE PROPERTY OF COMMONWEALTH OF VIRGINIA STATE BOARD OF JUVENILE JUSTICE / / II II // (~ ~ N CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 1 Meetin~Date: October 13, 1999 Item Number: 8.c. 17. Subject: Approval of a Request from Rodney and Debra Hundley for an Exception to the Use of Public Water for a New Residential Structure Located at 9840 River Road County_ Administrator's Comments: County Administrator: Board Action RequestS.' Staff recommends that the Board of Supervisors approve Rodney and Debra Hundley's request for an exception to the use of public water. Summary of Information: On August 18, 1999, staff received a request from the property owners, Rodney and Debra Hundley, for an exception to the use of public water for their home to be located at 9840 River Road. Under Section 18-61 of the Chesterfield County Code, the Board of Supervisors may grant an exception to the requirement to use public water when a new residential structure requires an onsite water service line of more than 1,000 feet, thereby, qualifying this situation as an exception to the use of public water. Preparer: Title: r. Assistant Director Attachments: YeslINo \ \ \ / / 9840 RIVER ROAD CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: October 13, 1999 Item Number: 8.C.18.a. Subject: Request to Quitclaim a Portion of a Twenty Foot Sewer Easement Across Property of Cloverhill Development Company, L.L.C. County Administrator's Comments: County Administra /r~r~ Board Action Requested: Staff recommends that the Board of Supervisors authorize the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a 20' sewer easement across property of Cloverhill Development Company, L.L.C. Summary of Information: Balzer and Associates, Inc. has requested the quitclaim of a portion of a 20' sewer easement across property of Cloverhill Development Company, L.L.C. A new easement has been executed to replace this portion of easement. Staff has reviewed the request and recommends approval. District: Matoaca Preparer: ~t~ J.(~/~ John W. Harmon Attachments: Yes No Title: Riqht of Way Manaqer VIC!)T!TY SL/ETCH ~ REQUEST TO QUITCLAIM PORTIONS OF A 20' SE~ffER EASEMENt± ACROSS 'PROPERTY OF CLOVERHILL DEVELOPMENT 'COHPANY LLC CLOVET~L Ot'~LOP~ENr D.g.$~44 PG. 977 / \ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: October 13, 1999 Item Number: 8. ¢. 18.b. Subject: Request to Quitclaim a Portion of a Sixteen Foot Water Easement Across the Property of Macerich Partnership, L.P. County_ Administrator's Comments: County Administrator: ~ ~~ ~ ~/~/Q.~ Board Action Requested: Staff recommends that the Board of Supervisors authorize the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a 16' water easement across the property of Macerich Partnership, L.P. Summary_ of Information: Macerich Partnership, L.P. has requested the quitclaim of a portion of a 16' water easement across its property as shown on the attached plat. Staff has reviewed the request and recommends approval. District: Midlothian Preparer: ~~--;_._1. ~o~hn W. Harmon Attachments: Yes ~No Title: Riqht of Way Manaqer I VICINITY SKETCH REQUEST TO QUITCLAIM A PORTION OF A SIXTEEN FOOT WATER EASEMENT ACROSS THE PROPERTY OF MACERICH PARTNERSHIP LP C~ C Servil MOOR OFI REXMOOR 80LLIN ENG1NEE'RS * SIJR'VEYORS * LANDSCAPE. A~CHITECTS * .EN¥1R~NMENTAL SCiEN'I1STS * GEOGRAPHIC INFORMATION .C;YS'FF~,~ e~Nc:t I.T^NT~ * coNc~mllenn~l H~NAn~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: October 13, 1999 Item Number: 8.C.18.c. Subject: Request to Quitclaim a Variable Width Drainage Easement (Private) Across the Property of Crown Golf Realty, L.L.C. County_ Administrator's Comments: County AdministratoJ ~f~c/.~.~~;~/~ ~ ~/~ Board Action Requested: Staff recommends that the Board of Supervisors authorize the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a variable width drainage easement (private) across the property of Crown Golf Realty, L.L.C. Summary of Information: Crown Golf Realty, L.L.C. has requested the quitclaim of a variable width drainage easement (private) across its property as shown on the attached plat. Staff has reviewed the request and recommends approval. Districts: Bermuda Preparer: _C2~. -~ ~- ~~ John W. Harmon Attachments: Yes No Title: Right of Way Manaqer VICINITY SKETCH REQUEST TO QUITCLAIM A VARIABLE WIDTH DRAINAGE EASEMENT (PRIVATE) ACROSS THE PROPERTY OF CROWN GOLF REALTY LLC Henricu Park ISLAI~D R!V~RS BEND FARRAR MHP O£RMUOA ORCHARD CHESTE Bend IN CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: October 13, 1999 Item Number: 8.c. 18.d. Subject: Request to Quitclaim a Sixteen Foot Sewer Easement and Two Ten Foot Temporary Construction Easements Across Roslyn Farm Corporation County Administrator's Comments: County AOministrator:~~ A~/~/~/~ Board Action Requested: Staff recommends that the Board of Supervisors authorize the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a 16' sewer easement and two 10' temporary construction easements across the property of Roslyn Farm Corporation. Summary_ of Information: On June 7, 1999 a certificate was recorded to acquire a 16' sewer easement and two 10' temporary construction easements across the property of Roslyn Farm Corporation. A relocated easement has been conveyed and these easements are no longer needed. Staff has reviewed the request and recommends approval. District: Bermuda John W. Harmon Attachments: Yes No Title: Right of Way Manager VICINITY SKETCH REQUEST TO QUITCLAIM A SIXTEEN FOOT SEWER EASEMENT AND TWO TEN FOOT TEMPORARY CONSTRUCTION EASEMENTS ACROSS ROSLYN FARM CORPORATION OLIVER D. RUDY, TRUSTEE DEED BOOK 2800, PG. 863 GPN# 812639179200000 #1211 RUFFIN MILL ROAD 16' ROSLYN FARM CORPORATION DEED BOOK 1252, PG. 338 GPN# 809636966900000 #17i'1 RUFFIN MILL ROAD 10' N 3637595.61 E 11810972.76 '-~.~9.45' R=2829.79' 2,348.08' TO THE EAST LINE OF RUFFIN MILL RD. STATE TRE. 74-6 PO T WALTHALL 70' R/W GRAPHIC SCAI.~ YUKON ASSOCIATES DEED BOOK 2163, PG. 1344 GPN# 811637697800000 #940 PORT WALTHALL DRIVE O' 'T'IF~PORARy CONSTRUCTION EASEMENT C/L ESm'. To P/L , 249.03' ~.~ R= 1467.40 TOTAL DRIVE 1 ~nch ~ 200 IL. PLAT SHD~/ING A 16' SANI' SE~/ER AND T~CD 10' TEMPORARY C(3NSTRUCTIFIN EASEMENTS ACRE]SS THE PRF1PERTY F1F RF1SLYN FARM CF1RPF1RATIDN BERMUI)A DISTRICT CHESTERFIELI) COUNTY, SCALE ~ l' = 200' APRIL l, 1999 REVISE]) APRIL &, 1999 CHARLES C. TDVNES & ASSOCIATES, P,C, CIVIL ENGIN££R~ - PLANNERS - LANI) SURVEyrlR~: 9850 LDRI ROAD~ SUITE POI CHESTERFIELI3, VIRGINIA 748-9011 ATT~ DRAVN ~Y GHB/PAH FB APPROVE9 BY CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: October 13, 1999 Item Number: 8. ¢. 18. e. Subject: Request to Quitclaim a Portion of a Sixteen Foot Temporary Drainage Easement, and a Portion of a Sixteen Foot Sewer Easement Across the Property of JNB Company of VA, L.L.C., a Virginia Limited Liability Company County Administrator's Comments: ~~ County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors authorize the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a 16' temporary drainage easement, and a portion of a 16' sewer easement across the property of JNB Company of VA, L.L.C., a Virginia Limited Liability Company Summary of Information: JNB Company of VA, L.L.C., a Virginia Limited Liability Company has requested the quitclaim of a portion of a 16' temporary drainage easement, and a portion of a 16' sewer easement across its property as shown on the attached plat. Staff has reviewed the request and recommends approval. District: Clover Hill · Harmon Attacb_ments: Yes No Title: Right of Way Manager VICINITY SKETCH REQUEST TO QUITCLAIM A PORTION OF A SIXTEEN FOOT TEMPORARY DRAINAGE EASEMENT AND A PORTION OF A SIXTEEN FOOT SEWER EASEMENT ACROSS THE PROPERTY OF JNB COMPANY OF VA LLC ACORN ~t~. RIDGE 0 ROCKP~ ~'~ LANDI lORE I 2 B MILL SPRINI 4 OAK I(NOLL CI 5 BENT CREEK F A~I I.E / I CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: october 13, 1999 Item Number: 8.¢. 18. f. Subject: Request to Quitclaim a Portion of a Sixteen Foot Drainage Easement Across the Property of Crown Golf Realty, L.L.C. County_ Administrator's Comments: ~ ~~/ County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors authorize the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a 16' drainage easement across the property of Crown Golf Realty, L.L.C. Summary of Information: Crown Golf Realty, L.L.C. has requested the quitclaim of a portion of a 16' drainage easement across its property as shown on the attached plat. Staff has reviewed the request and recommends approval. Districts: Bermuda John W. Harmon Attacl~nents: Yes ~No Title: Riqht of Way Manaqer ¥ICINTIY SKETCH REQUEST TO QUITCLAIM A PORTION OF A SIXTEEN FOOT DRAINAGE EASEMENT ACROSS THE PROPBRTY OF CROWN GOLF REALTY LLC CHESTE Bend QC BERMUDA ORCHARD LA g'9 11~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page i of 1 Date: October 13, 1999 Item Number: 8, c. 19. a. Subject: Approval of Utility Contract for 8763 Belmont Road - Contract Number 97-0032-1 County Administrator's Comments: ~ 6~~ County Administrator: ~~ ~~/~ Board Action RequestS: ' ~/ / 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 consists of 130 L.F.± of 12" oversized water lines, which also includes 120 L.F.± of offsite water improvements. Staff has requested that the water lines be oversized to provide service to the adjoining properties. In accordance with the ordinance, the Developer is entitled to refunds for the construction cost of offsite and oversizing the water lines. Developer: Contractor: William A. and Jane B. Hall Bookman Construction Company Contract Amount: Estimated Total Total Estimated County Cost: Water (Oversizing) Water (Offsite) Estimated Developer Cost Code: (Cash Refund - Oversizing) (Refund thru connections - Offsite) District: Dale Preparer: Title: $4,000.00 $1,105.00 $870.00 $2,025.00 5B-572WO-E4C 5B-572VO-E4D Assistant Director Attachments: Yes I I No CONTRACT NUMBER 97-0032-1 ROAD THIS PROJECT LICKING C, eEEK DRI YE DRIVE ~.~ -x,. / CHES TERFIEL , \ COUNTY V, , . AIRPORT - ,~.0(~,,,,.,</06' ~~:: R O A O POCA H ON TA S STATE 8763 BELMONT ROAD CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meetin~ Date: October 13, 1999 Item Number: 8. c. 19. b. Subject: Approval of Utility Contract for 8747 Belmont Road - Contract Number 97-0032-2 County Administrator's Comments: County Administrator: ~~~~ Board Action RequestS. / 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 consists of 220 L.F.± of 12" oversized water lines, which also includes 210 L.F.± of offsite water improvements. Staff has requested that the water lines be oversized to provide service to the adjoining properties. In accordance with the ordinance, the Developer is entitled to refunds for the construction cost of offsite and oversizing the water lines. Developer: Contractor: Bernard A. and Joyce R. Heath Bookman Construction Company Contract Amount: Estimated Total - Total Estimated County Cost: Water (Oversizing) Water (Offsite) Estimated Developer Cost Code: (Cash Refund - Oversizing) (Refund thru connections - Offsite) District:~D~ Preparer: ~~,~ Jr. Title: $5,500.00 $1,870.00 $1,425.60 $2,204.40 5B-572WO-E4C 5B-572VO-E4D Assistant Director Attachments: YeslINo CONTRACT NUMBER 97-0032-2 POCAHON TA S STATE PARK ROAD THIS PRO~L'~ LICKING CREEK DRI ~ CORCORAN DRIVE VICINITY ROAD MAP CHES TERFtEL, COUNTY AIRPORT 8747 BELMONT ROAD CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: October 13, 1999 Item Number: Subject: Conveyance of an Easement to Bell Atlantic-Virginia, 8.C.20.a. IIlC . County_ Administrator's Comments: County Administrator.~~~~~ ~.~//~ Board Action Requested: Authorize the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Bell Atlantic-Virginia, Inc. to install underground cable to provide service for a school transportation office trailer on County property at Clover Hill High 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 Bell Atlantic-Virginia, Inc. to install underground cable to provide service for a school transportation office trailer on County property at Clover Hill High School. This request has been reviewed by staff and approval is recommended. District: Clover Hill Preparer:~ -t_/. (~~~ J~hn W. Harmon Attachments: Yes No Title: Riqht of Way Manager VICINITY SKETCH CONVEYANCE OF AN EASEMENT TO BELL ATLANTIC-VIRGINIA INC MILL SPRING ~ .......... Z___I ............................................... Clover Hill ~ ' High School ! ~ I Fire Department I I I I I I = DeCo,Les Bell DiTEL dob # B.A. dob # SHEET 3' OF BELL ATLANTIC - ¥?RG~NIA, INC. DISTRICT: ~_. lode.c couN~ PERMIT NO. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: October 13, 1999 Item Number:__8~ij~L~ Subject: Conveyance of an Easement to Bell Atlantic-Virginia, Inc. County_ Administrator's Comments: County Administrator.~ ~/ ~ Z~A~ Board Action Requested: Authorize the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Bell Atlantic-Virginia, Inc. to install underground cable to provide service to the School Facilities, at 4003 Cogbill Road. Summary_ of Information: Staff recommends that the Board of Supervisors authorize the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Bell Atlantic-Virginia, Inc. to install underground cable to provide service to the School Facilities at 4003 Cogbill Road. District: Clover Hill Attacl%ments: Yes I~No Title: Riqht of Way Manaqer I FROM BELL ATL. RICHMOND FMC PED $866H < ',/l (WED) 9. 29' 99 12:08/ST. 12:08/N0. 4261653100 P PEat To Accompm R/W Easement 42-104 (04-94) Sh.t .,~ of ~ CUS T. C 0 NDUI T 40 03 COG~BILL RD. Afl,relic - Vlrgini~, Inc. 3/~/v?// / VICINITY SKETCH CONVEYANCE OF AN EASEMENT TO BELL ATLANTIC-VIRGINIA INC SCHOOL FACILITIES AT 4003 COGBILL ROAD CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: October 13, 1999 Item Number: Subject: Declare a Parcel of Land Surplus and Offer for Sale 8.C.21. County Administrator's Comments: County Administrator: ~ Board Action Requested: Staff requests that the Board declare a 0.1580 acre parcel of land on Harrow Drive surplus, and offer the property for sale by sealed bids. Summary_ of Information: Staff has received a request to purchase a 0.1580 acre parcel of land on Harrow Drive. This parcel was acquired as a portion of the Carver Middle School site and is not needed for the school. Staff has reviewed this request and sees no future County use for the property and recommends that it be declared surplus. In keeping with County policy, staff requests that the Board direct the Purchasing Department to advertise the parcel for sale by sealed bids. A minimum bid will be set. Approval is recommended. District: Bermuda · Harmon Attach_merits: YesI INo Title: Riqht of Way Manaqer '" VICINITY SKETCH DECLARE A PARCEL OF LAND SURPLUS AND OFFER FoR SALE Excess County Property Carver Middle School 3800 Cougar Trail Pin # 7936359737 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page l of 1 AGENDA Meeting Date: October 13, 1999 Item Number: 8.C.22.a. Subject: Transfer of $350 from the Bermuda District Improvement Fund to the Transportation Department to Pay a Portion of'the Cost ora "Welcome to Chester" Sign to be Erected on VDOT Right-of-Way at the Western End of Chester CounW Administrator's Comments: ¢ount~,/~dmi nistrato r:~'3~'~)/~ Req· ~'---u,:~,,:u, f ' / Board Action Transfer of $350 from the Bermuda District Improvement Fund to the Transportation Department to pay a portion of' the cost of' a "Welcome to Chester" sign to be erected at the western end of' Chester. Summary_ of Information: Mr. McHale has requested that the Board transfer $350 from the Bermuda District Improvement Fund to the Transportation Department to pay a portion of the cost of a "Welcome to Chester" sign which will be erected in VDOT right-of-way on Route 10 at the western end of the Chester Village limits near Womack Road. This request originally came from the Junior Federated Woman's Club of Chester. The County is legally prohibited from donating money to this organization. The Board is authorized however to use County funds to erect a public sign on public property that commemorates an established regional area of the County. The unaudited balance in the Bermuda District Improvement Fund is $36,416; approval of uses totaling $5,350 will leave a balance of $31,066. Rebecca T. Dickson Attaclnnents: 1 Yes [] No Director, Budget and Management 0421:46492.1 ' BOARD OF SUPERVISORS HARRY G. DANIEL CHAIRMAN DALE DISTRICT ARTHUR S. WARREN VICE CHAIRMAN CLOVER HILL DISTRICT J. L. McHALE, III BERMUDA DISTRICT RENNY BUSH HUMPHREY MATOACA DISTRICT EDWARD B. BARBER MIDLOTHIAN DISTRICT CHESTERFIELD COUNTY P.O. Box 40 CHESTERFIELD, VIRGINIA 23832-0040 MEMORANDUM LANE B. RAMSEY COUNTY ADMINISTRATOR TO: FROM: DATE: SUBJECT: Kim Conley, County Administration Stan B. Newcomb, Transportation ~.~ September 17, 1999 Welcome to Chester Signs/Agenda Item Department and VDOT representatives met with members of the civic group concerning the 'Welcome to Chester' signs along Route 10. The appropriate highway permit for placing one sign of the western end of the Chester Village limits near Womack Road in VDOT right of way has been obtained. Therefore, the Transportation Department recommends approval of the application and preparation of the agenda item requesting $350.00 for the sign. The second sign will be located on Route 10 at the eastern limits of the village near Rock Hill Road. The sign may or may not be located in public right- of-way but no funds will be applied to this sign. The $350 will go towards the sign at the western end of Chester. Attachment NV92 Providing a FIRST CHOICE community through excellence in public service. THREE CENT ROAD FUND APPLICATION This application must be completed and signed before the .County can consider a reqve~t for,funding with Three Cent Road 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 Three Cent Road 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? .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? oG - Describe in detail the funding request and how the money, if approved, will be s~ent. Is any County Department involved in the project, event or program for which you are seeking funds? 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? 0407:23380.1 Page 2 If applicant is an organization, answer the following: Is the brganization a corporation? Is the organization non-profit? Is the organization tax-exempt? Yes No Yes ~ No Yes ~,,f No What is the address of the applicant making this funding request? What is the telephone number, fax number, e-mail address of the applicant? Cc, cnm~ i' Signature of applicant. If you are signing on behalf of an organization you must be the president, vice-president, chairman or vice- chairman' of the organization. Si~-~ature (~ / Title (if signing on behalf qtan orga~nization) Printed Name. 0407:23380.1 ~CE~7(P) Rev. 11-91 CO, ,MONWEALTH OF VIi ..~INIA DEPARTMENT OF TRANSPORTATION LAND USE PERMIT PERMITTEE , ~,~Ar~{~' Owner Juni?r Federaed Womans Club of Chester Agent Jam~s V. Daniels Address 4211 Old Hundred Rd., P.O. Box 261 City, State & Zip Chester, VA 23831 Permit No. 426-32745 Effective Date 07/20/99 Expiration Date 07/14/00 Total Fees Rcvd 40.00 Method Payment Check ~ 1096 Surety Information: Social Security or Tax ID ~ 226664078 Phone % 804-748-2240 804-796-5692 (24 Hour) Contact Fax # 804-748-2199 Name Amount 0.00 Account % Obligation Amount 0.00 Type of Surety None AUTHORIZATION: In compliance with your application number 179542, permission is hereby given insofar as the Commonwealth Transportation Board has the right, power, and authority under sections 33.1 ~ 12(3); 33.1 - 197; 33.1 - 198 and 9 - 6.1 of the Code of Virginia (1950) as amended, to grant by Special Agreement and/or by Land Use Permit for you to perform the work and or activity(s) described below: Erect a sign on the right of way of the old bed of Rte. 10 at the western edge of the Village of Chester that word "Welcome to Chester". Location: Tax Map Number Permittee Job $ Geographically in County/Town/City of Chesterfield on Highway Route(s) 10 Between 1506 Buckingham St. and 681 W. Hundred Rd. TERMS: Applicable as stated within the Land Use Permit Manual (current edition) and/or as per approved plan{s) and/or regulatory instructions and/or agreements attached hereto. THIS PERMIT IS NOT VALID WITHOUT ATTACHMENTS. Attachments: Plans-Yes Agreements-No Regulation Forms-Yes Special Instructions-No By: COMMONWEALTH TRANSPORTATION BOARD DAVID R. GEHR, COMMISSIONER Date: 07/20/99 Keith G. Goodrich, Transp Subd/Permits Spec Supervisor Typed Name and Title FINAL INSPECTION REQUIREMENTS: Upon Completion of the work and/or activities described under this permit, the permittee shall contact the Resident Engineer's office in writing to request inspection. CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: October 13, 1999 Item Number: 8. C. 22. b. Subject: Transfer of $120 from the Midlothian District Improvement Fund to Parks and Recreation Department to Rent a Stage From the City of Richmond for Entertainment During The Village of Midlothian Day Festival County Administrator's Comments: Board Action Requested: Transfer $120 from the Midlothian District Improvement Fund to Parks and Recreation Department to rent a stage from the City of Richmond for entertainment during the Village of Midlothian Day Festival. Summary_ of Information: Mr. Barber has requested that the Board transfer $120 from the Midlothian District Improvement Fund to Parks and Recreation Department to pay for the use of a stage for entertainment purposes during the Village of Midlothian Day Festival. The Festival is sponsored by the Midlothian Junior Women's Club. This request originally came from the Midlothian Junior Women' s Club. The County is legally prohibited from donating money to this organization. The County has been a co-sponsor of the Midlothian Day Festival for many years and the event is open to all County citizens. Accordinly, the Board is authorized to defray the cost incurred by County departments to provide assistance to this event. The unaudited balance in the Midlothian District Improvement Fund is $69,921; approval of uses totaling $10,120 will leave a balance of $59,801. Preparer: ~-'~/4 'q" ~")1"('¢c'~ Title: Rebecca T. Dickson Attaclnnents: ffi Yes [] No Director, Budget and Management 0421:46491. ~ ~ep- 02 - 99 11:32 Moslow Wood Products 804 598 4238 DISTRICT IMPROVEMENT FUNDS ThLt application must be completed and Ngned before the County can consldmr a request for funding with District Improvement Funds. Completing and signing this form doe~ not mean that you will receive funding or the! The County r.~n legally consider yom requelt. Vlrginil law places aub~tantill restrictions on the authority of the County to give public funds, ~uch as Dit~ct Improvement Funds, to private persons or organizations and these mtricdona may preclude the County's Board of Supervisors from even considering your request. What is the name of the applicant (person or organization) making this funding request? If an organization is the applicant, whet is the nature and purpose of the organization?' (Also attach organization's most recent articles of incorporation and/or bylaws to application.) F-I/ /./, /Y -dm: What is the amount of funding you ere .oki.g? Describe in detail the funding request and how the money, it appr~)veq, will be spent. Is any County Department involved in the you are seeking funds? If this request for funding will not fully fund your activity or program, what other individuals or organizations will provide the remainder of the funding? 040'/'333~0, I ;~I./TO 'd SEP-02-1999 E~'Z~t'E~5St'~l:6 01 'bl_~dR$ :lO'P8 (i-l_~Id~.t53H3 11: 54 804 598 4238 97Y. 666T-~.0-~ P. 02 §ep-02-99 11:33 Moslow Wood Products 8O4 4238 P.03 ~O'd Page 2 If applicant is an organization, answer the following: is the organization a corporation? II t~e organization non-profit? Is the organization tax-exempt? Yes No Y.s No What is the address of the applicant making thia funding request? What is the telephone number, fax number, e-mail address of the applicant? Signature of Bpplieant. If you are ~igning on behalf of .n organization you must be the pre.dent, vice-president, chairman or vice- chairman of ~he organizltion. l'itle (;f ~gnlng oa behdf of'~. PHnted N. rne / i SEP-02-19~9 8~'~86S~8 ~6 OJ. ' N_-~]O~ 11: 54 804 598 4238 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: October 13, 1999 Item Number: 8.C. 22.c. Subject: Transfer of $3,000 from Midlothian District Improvement Fund to the Chesterfield County School Board to Upgrade the Sound System at James River High School Theatre County Administrator's Comments: Board Action Requested: Transfer $3,000 from Midlothian District Improvement Fund to the School Board to upgrade the sound system at James River High School Theatre. Summary_ of Information: Mr. Barber has requested the Board to transfer $3,000 from the Midlothian District Improvement Fund to the School Board to be used for upgrading the sound system in the James River High School theatre, to include new microphones, mixers and speakers. The County is legally authorized to appropriate funds to the School Board to make capital improvements to County property. The unaudited balance in the Midlothian District Improvement Fund account is $69,921; approval of uses totaling $10,120 will leave a balance of $59,801. C, ' ~,?\'Cu.'~' ~"~ ~ Title: Preparer: ~! :~ Rebecca T. Dickson Attachments: I Yes [] No Director, Budget and Management 0421:46490.1 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? John B. Titus, Principal 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.) James River High School What is the amount of funding you are seeking? $6000.00 Describe in detail the funding request and how the money, if approved, will be spent. Upgrade the sound system in James River High School theatre, including new microphones, mixers and speakers making it more accessible and 'useable for school productions, assemblies and programs and for general community use. Se Is any County Department involved in the project, event or program for which you are seeking funds? No o 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? Fine/Performing Arts, Senior Class 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 Yes g No What is the address of the applicant making this funding request? 3700 James River Road Midlothian, Va. 23113 378-2420 379-2695 Fax jtitus~chesterfield.k 12.va.us 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 or vice-chairman o~rganization. Signat~~ Title (if signing on behalf of an organization) Printed Name CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of Z AGENDA Meeting Date: October 13, t999 Item Number: 8.C.22.d. Subject: Transfer $5,000 from the Bermuda District Improvement Fund to the School Board to Purchase and Install Playground Equipment at EcoffElementary School County Administrator's Comments: Board Action Request(~/ed: Transfer $5,000 from the Bermuda District Improvement Fund to the School Board to purchase and install playground equipment at EcoffElementary School. Summary_ of Information: Supervisor McHale requests the Board to transfer $5,000 from the Bermuda District Improvement Fund to the School Board to purchase and install playground equipment at EcoffElementary School. The EcoffElementary School PTA contacted Mr. McHale and requested a donation from the County to help the PTA purchase new playground equipment for the school. The County is not legally authorized to give money to private organizations like the PTA but the County can give money to the School Board to make capital improvements on County property. The unaudited balance in the Bermuda District Improvement Fund account is $36,416; approval of uses totaling $5,350 will leave a balance of $31,066. Rebecca T. Dickson Attachanents: I Yes [] No Title: Director, Budget and Management 0421:46497.1 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? 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.) 'T~ What is the amount of funding you are seeking? Describe in detail the funding request and how the money, if approved, will be spent. Is any County Department involved in the project, event or program for which you are seeking funds? 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? 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 Yes ~.- No Yes ..-" No What is the address of the applicant making this funding request? What is the telephone number, fax number,(~li'O~) 7~"" ~l~'~' 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 or vice- chairman of the organization. ~ig(~ature- - Title (if signing on behalf of an organization) Printed Name 0407:23380.1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 3_ of 2 AGENDA Meeting Date: October 13, 1999 Item Number: 8.C. 22.e. Subject: Transfer a total of $23,500 from the Dale, Midlothian, Clover Hill and Matoaca District Improvement Funds to the Parks and Recreation Department to Obtain Additional Gym Space for the County's Basketball Programs County Administrator's Comments: Board Action Requested: Transfer a total of $23,500 from the Dale, Midlothian, Clover Hill and Matoaca District Improvement Funds to the Parks and Recreation Department to obtain additional gym space for the County's basketball programs. Summary_ of Information: Supervisors Daniel, Barber, Warren and Humphrey have requested that a total of $23,500 be transferred from the Dale, Midlothian, Clover Hill and Matoaca District Improvement Funds to the Parks and Recreation Department to obtain additional gym space for the County's basketball programs. The space which has been used in the past for the program is not adequate for the expanded 1999-2000 program. Parks and Recreation will use the funds to pay the utility and janitorial costs of using additional County school gyms and to rent private gym space. Parks and Recreation may also rent space from the Richmond school system if necessary. The supervisors listed above request that the funds be transferred as follows: Midlothian $7,000 Clover Hill $7,000 Matoaca $7,000 Dale $2,500 The unaudited balance in the Midlothian District Improvement Fund is $69,921; approval of uses totaling $10,120 will leave a balance of $59,801. The unaudited balance in the Clover Hill District hnprovement Fund is $129,910; approval of uses totaling $7,000 will leave a balance of $122,910. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 The unaudited balance in the Matoaca District Improvement Fund is $68,096; approval of uses totaling $7,652 will leave a balance of $60,444. The unaudited balance in the Dale District Improvement Fund is $68,102; approval of uses totaling $7,654 will leave a balance of $60,448. Preparer: Rebecca T. Dickson Attachments: · Yes [] No Title: Director, Budget and Management 042q :40227. q THREE CENT ROAD FUND APPLICATION This application must be completed and signed before the County can consider a request for funding with Three Cent Road 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 Three Cent Road 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? 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.) ~ ,~~ m What is the amount of funding you are seeking? Describe in detail the funding request and how the money, if approved, will be Snent. Is any County Department involved in the project, event or program for which you are seeking funds? 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? 0407:23380.1 Page 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? 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 or vice- chairman of the organization. Signature ~ ~ ~ehalf of an Title organization) (if signing Printed Name 0407:23380.1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: October 13, 1999 Item Number: 8. c. 23. Subject: Initiate a Conditional Use for a Two Family Dwelling at 14512 Woodland Hill Drive County_ Administrator's Comments: County_ Administrator: Board Action Requested: That the Board of Supervisors Drive. Summary_ of information: initiate a conditional use for a two family dwelling at 14512 Woodland Hill Mr. McHale, Bermuda District Supervisor, requests that the Board of Supervisors initiate a conditional use request on behalf of Earl and Kaye Yarbrough for a two family dwelling. The Yarbrough's submitted a plan for review for a new house to the County which included a finished basement with a kitchen, living and sleeping area. The applicants subsequently decided not to finish the basement and County staff approved the building plans as a single family dwelling. During construction of the home, the applicant resubmitted plans to finish the basement. These plans, which included a separate living quarters for a family member, requires a conditional use for a two family dwelling in this single family zoning district. The Yarbrough's claim they should have been told about this earlier - before construction of the home began - and they would have redesigned the home to comply with zoning requirements. They request Chesterfield County to initiate the necessary zoning application. The fee for this use would have been $1325.00. Preparer: ~ Thomas E. Jacobs/on/ ' Title: Director of Planning (2:DATA/AGENDA/1999/oct 1399.2/gok Attachments: ~'-] Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meeting Date: October 13, 1999 Item Number: s. ¢. 24. Subject: Refer Zoning Ordinance Amendment Relating to Residential Uses in C-3, C-4 and C-$ Districts to Planning Commission and Set the Board Public Hearing County_ Administrator's Comments: County_ Administrator: ~ ~ Board Action Requested: Planning staff recommends the attached proposed ordinance amendment relating to townhouse and multifamily uses in C-3 through C-5 Districts be referred to the Planning Commission for public hearing and the Board of Supervisors set their public hearing for November 23, 1999. Summary_ of information: The Board of Zoning Appeals, has determined the Zoning Ordinance allows multifamily and townhouse residential uses in mixed use projects of 25 acres or more under certain conditions. Prior to that opinion, staff had interpreted that townhouse and multifamily uses must comply with the R-TH and R-MF requirements, therefore, each individual project must have 10 acres for R-TH uses and 20 acres for R-IMF uses. The Ordinance also requires that residential uses can occupy no more than 30% of the project; therefore, multifamily use would require a total project area of 67 acres and townhouse use would require 34 acres. Given the Board of Zoning Appeals ruling, it is recommended that a Zoning Ordinance amendment (see attached) be considered to clarify these required project acreage. Several projects have been constructed, such as Waterford and Bellgrade, which are consistent with these larger project acreage. The 25 acre threshold, established by the Board of Zoning Appeals, may allow apartments and townhouses in narrowcom~ner~l~ __ /~ _:°rrid°rs' which is not a suitable residential use. Preparer: ~ Title: Director of Planning Thomas E. Jacobsofl.~ C:DATA/AGENDA/1999/oct1399.1/gok Attachments: Yes ~] No AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 19-159 RELATING TO ZONING BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) 7hat Section 19-159 of the Code of the Coun_ty qf Chester_field, 1997, as amended, is amended and re-enacted to read as follows: Sec. 19-159.Uses permitted with certain restrictions. The following uses shall be permitted in the C-3 District subject to compliance with the following conditions and other applicable standards of this chapter. If the following restrictions cannot be met, these uses may be allowed by conditional use, subject to the provisions of section 19-13: OOO (j) Residential multifamily and townhouses, provided that: (1) No more than 30 percent of the gross acreage of any project may be used for R-MF or R-TH uses. Such uses shall be incorporated into an integrated schematic plan. (2) No such residential uses shall be permitted until the following requirements are satisfied: Construction has begun on a minimum of 50 percent of the gross site area devoted to nonresidential uses; · trey &i-e tu~.arcu iii pi' eCtS ut =; acres u, ,,,u,,, ,,tu The minimum size for a project incorporating R-TH uses is 34 gross acres, while the minimum size for a project incorporating R-MF uses is 67 gross acres; and Such uses comply with the requirements of the R-TH District or the R-MF Zoning District, except that densities for multifamily uses may be increased to 14 units per acre. 000 (2) ?hat this ordinance shall become eJfective immediately upon adoption. 1918:46370.1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page :[ of 2. Meeting Date: October 13, 1999 Item Number: 9. Subject: Consideration of Claim of Carlos Brown Board Action Reque e~d: Deny the Claim of Carlos Brown Summary_ of Information: Carlos V. Brown has made a claim against Chesterfield County and Police Officer Jeffrey Kencitzski in the amount of $600,000 arising out of Officer Kencitzski's arrest of Brown in February, 1998 for possession with the intent to distribute cocaine; possession of a pistol while in possession of cocaine; and possession of marijuana. Officer Kencitzski stopped Brown on the night of February 26, 1998 on Jefferson Davis Highway after having observed Brown operating his car on Dundas Road with his rear license plate inadequately lighted. When he first approached Brown's car, Officer Kencitzski observed what he believed to be a hand-rolled marijuana cigarette inside the car near the ashtray. Brown exited the car at Officer Kencitzski's request and the Officer showed Brown the unilluminated rear license plate. Brown then began to act nervously and Officer Kencitzski became suapicious that Brown was involved in illegal activity. The Officer asked Brown if he had any drugs On his person and Brown immediately began walking rapidly away. Brown then thrust his hands into me front of his pants as if reaching for a weapon. Fearing for his safety, Officer Kencitzski grabbed Brown and restrained Steven L. Micas 0505:46525. Attachments: II~'Yes V1 No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Summary_ of Information: him. Brown then admitted that he had a bag of marijuana hidden in his pants. Officer Kencitzski placed Brown under arrest and radioed for a K-9 unit to assist in searching Brown's vehicle for additional drugs. During the search, police found a .380 caliber colt pistol and a large bag of crack cocaine under the front seat of Brown's car. Brown was convicted of possessing marijuana in the Chesterfield courts, but before he could be tried on the weapon and cocaine charges, the cases were transferred to federal court by federal authorities pursuant to Project Exile, a federal law enforcement program which allows federal courts to prosecute drug cases when weapons are involved. The federal judge dismissed the charges against Brown based on an incomplete and incorrect recitation of the facts surrounding the search, which led the Judge to conclude that the search and arrest were improper. Brown then made this claim, contending that he was falsely arrested and illegally searched. The Police Department's Office of Professional Standards and the County Attorney's Office have both investigated this claim and believe that Officer Kencinzski lawfully arrested and searched Brown. Accordingly, staff recommends that Brown's claim be denied. A copy of Brown's claim is attached. 0505:46525.1 BRADFORD f~ JOHNSON ROBERT E. WALKER, JR. KATINA D. CLARKE JOrlI SON & WALKEIP.C. ATTORNEYS AT LAW 217 West Broad Street Richmond, Virginia 23220 804-780-2889., 800-973-7696., Fax 804-780-3146 August 30, 1999 Stylian P. Parthemos Senior Assistant County Attorney County of Chesterfield, Virginia P.O. Box 40 9901 Lod Road, St. 503 Chesterfield, Virginia 23832-0040 RE: Carlos Brown Dear Sir: Thank you for your letter of August 26, 1999. Accordingly, please accept this letter as a claim pursuant to § 15.1-554 of the Code of Virginia of 1950, as amended. The pertinent facts are as follows: On or about February 26, 1998 in Chesterfield County, Carlos Brown was stopped by a Chesterfield County Police Officer. He was charged and convicted of two misdemeanors in the Chesterfield General Distdct Court on April 30, 1998 and sentenced to 30 days on the misdemeanor marijuana charge and 12 months in jail with 1 month suspended on the misdemeanor concealed weapons charge. Although Mr. Brown timely appealed the conviction, he served approximately I ~ months in jail before he was released. Further, a felony drug charge was handed down by the grand jury in July 1998 stemming from the same incident that occurred in February 1998. He was arrested on that charge and released pending his trial. The tdal in Chesterfield never occurred. All charges in Chesterfield were nolle prossed on December 16, 1998 and Mr. Brown was immediately arrested by agents of The United States under Project Exile. Curiously, he had been indicted by the U.S. on April 9, 1998 for violation of seven federal laws under Project Exile even though he was indicted on July 20, 1998 in Chesterfield by the grand jury as stated above for the same charges. In short, Chesterfield County prosecuted Mr. Brown on April 30, 1998 in the general district court for the two misdemeanors when he already had been indicted by the U.S. on April 9th, including a federal charge that he had not been indicted for in Chesterfield but stemmed from the February 26, 1998 arrest. On February 17, 1999, a motion to suppress the evidence was heard before the Honorable Richard Williams in the U.S. District Court in Richmond. The motion was granted on February 23, 1999 and consequently, all charges were dismissed. Immediately after the charges were dismissed, Officer J.A. Kencitzski did maliciously and without concern for the consequences secured additional warrants on Mr. Brown, charging him with the exact offenses in violation of the existing statutes. We aver that the conduct of Officer J. A. Kencitzski constituted a violation of several federal constitutional protections as well as some county and state laws. Also, we feel that his acts were condoned by and he was acting under color of state and county authority. Because of Officer Kencitzski conduct throughout his encounter with Mr. Brown this firm is willing to settle this matter for $600,000. I have enclosed a copy of Judge Williams decision so that you may get a clearer picture of this overt abuse of power and the federal courts concern about the officer's misconduct, prior to accepting or denying this claim. Contact me when this case is ready for discussion. Bradford F. Johnson, Esquire cc: Carlos Brown Enc. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page i of ~ Meetin Date: October 13, 1999 Item Number: 10.^. Report On: Developer Water and Sewer Contracts Background: The Board of Supervisors has authorized the County Administrator to execute water and/or sewer contracts between the County and the Developer where there are no County funds involved. The report is submitted to the Board members as information. Summary of Information: The following water and sewer contracts were executed by the County Administrator: Contract Number: Project Name: Developer: Contractor: Contract Amount: District: County Administrator: Attachments: 98-0156 Union Branch Baptist Church 11521 River Road Union Branch Baptist Church Shoosmith Brothers Construction Company, Inc. Water Improvements - $7,469.00 Matoaca Prepared By: Yes No Agenda Item October 13, Page 2 1999 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: Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 98-0404 Goodwill at Hull Street and Castle Rock Road Sauer Properties Incorporated William M. Harmon Contractors Water Improvements - Matoaca $7,740.00 99-0051 Rosemont Section G Rosemont Associates Excalibur Construction Corporation Water Improvements - Wastewater Improvements - Midlothian $58,900.00 $98,607.50 99-0055 White Tire at Coach Road White Real Estate Group, LLC Bookman Construction Company Water Improvements - Wastewater Improvements - Bermuda $13,100.00 $6,000.00 99-0142 ABB Building at Waterford Wells Reit, LLC-VA I Castle Equipment Corporation Water Improvements - Wastewater Improvements - Clover Hill $28,069.00 $6,253.75 Agenda Item October 13, 1999 Page 3 o Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 99-0250 Court Square Phase III Court Square Incorporated William M. Harmon Contractors Water Improvements - Dale $13,680.00 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: October 13, 1999 Item Number: 10.~. Su~ect: Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Fund, and Lease Purchases County Administrator's Commen~: County Administrator: Board Action Requested: Summary of Information: Preparer: ~7/~ ~ ~/~/~ ~//~ La~e B. Rams~ Attachments: Yes ~ No Title: County Administrator ,'...,04 CHESTERFIELD COUNTY GENERAL FUND BALANCE October 7, 1999 BOARD MEETING DATE DESCRIPTION AMOUNT BALANCE 07/01/99 FY2000 Budgeted Beginning Fund Balance * $28,440,900 * Pending audit results. Board Meeting Date "~ CHESTERFIELD COUNTY RESERVE FOR FUTURE CAPITAL PROJECTS TRADITIONALLY FUNDED BY DEBT October 7, 1999 Description Amount FOR FISCAL YEAR 2000 BEGINNING JULY 1, 1999 4/28/99 FY2000 Budgeted Addition 8,034,500 4/28/99 FY2000 Capital Projects (7,120,900) 8/25/99 Transfer to LaPrade Library Project for construction (150,000) 9/17/99 Partial Release of designation for Henricus Land Purchase based on final gram award 104,425 Balance 8,650,602 1,529,702 1,379,702 1,484,127 DISTRICT IMPROVEMENT FUNDS October 7, 1999 District Prior Years FY2000 Carry Over* Appropriation Funds Used Balance Bermuda $19,428 $38,500 $21,513 Clover Hill 108,410 38,500 17,000 Dale 41,494 38,500 11,891 Matoaca 53,542 38,500 23,946 Midlothian 100,906 38,500 69,485 County Wide 0 13,500 0 36,415.72 129,909.61 68,102.16 68,096.20 69,921.20 13,500.00 *Pending outcome of audit results Prepared by Accounting Department September 30, 1999 Date Began 12/88 Description SCHEDULE OF CAPITALIZED LEASE PURCHASES APPROVED AND EXECUTED Airport State Police Hangar Additions County Warehouse Total * 12/93 Real Property Lease/ Purchase 09/96 04/99 School Technical Center Printing Press Public Facility Lease Juvenile Courts Project Original Amount $128,800 331,200 460,000 17,510,000 80,649 16,100,000 Date Ends 12/00 12/01 11/99 11/19 Outstanding Balance 09/30/99 $ 22,524 57,918 80,442 5,905,000 263 16,100,000 TOTAL APPROVED AND EXECUTED $34,150,649 $22,085,705 PENDING EXECUTION None *Second Refunding of Certificates of Participation, Series 1985 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of Meeting Date: October 13, 1999 Item Number: 11. Subject: CLOSED SESSION Coun _ty Administrator's Comments: Board Action Requ st~ed: Summary_ of Information: Closed session pursuant to § 2.1-344A.7., Code of Virginia, 1950, as amended, to discuss probable litigation requiring legal advice by counsel involving a claim for $600,000 by Carlos Brown. Preparer: ~)~ ~~~~ ' ~t~wen L ~lica% Attachments: [] Yes · ffi No Title: County Attorney 0505:46496.1 I CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: October 13, 1999 Item Number: ]_5. ^. Subject: Resolution Recognizing October 14, 1999 as "Christmas Mother Day" County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Mrs. Barbara McHale has been elected Christmas Mother for 1999. be present at the meeting to accept the resolution. She will Lisa H. Elko Attachments: XYes No Title: Clerk to the Board RECOGNIZING OCTOBER 14, 1999 AS "CHRISTMAS MOTHER DAY~ WHEREAS, most families in Chesterfield County enjoy peace and happiness during the Christmas holidays; and WHEREAS, there are many, including children, the elderly and the less fortunate, who do not have the means to enjoy this special time of year; and WHEREAS, the Chesterfield/Colonial Heights Christmas Committee has successfully provided food, gifts, and clothing to many of our citizens in the past; and WHEREAS, Mrs. Barbara McHale has been elected Christmas Mother for 1998 and requests support of all the citizens of the County to ensure that those less fortunate may enjoy this special season of the year. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes October 14, 1999 as "Christmas Mother Day" and urges all citizens of Chesterfield County to support this worthy endeavor. AND, BE IT FURTHER RESOLVED, that the Board of Supervisors publicly commends the Christmas Committee for their very successful efforts in past years and extends best wishes for a successful 1999 season. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mrs. McHale and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page Date: October 13, 1999 Item Number: 15.B. Subject: Resolution Recognizing the Former John Marshall High School Corps of Cadets County_ Administrator's Comments; County/tdtninistrator~~_~~ Board Action Requested; Adoption of attached Resolution Mr. Daniel requested that the attached Resolution be adopted. In recognition of former John Marshall High School Corps of Cadets who fought in the nation's wars since World War II, 76 of whom paid the ultimate sacrifice. These cadets distinguished themselves in war and peace, earning recognition from President Dwight D. Eisenhower, Sir Winston Churchill and many others. Attachments: Yes ~ No Director, Public Affair~ RECOGNIZING THE FORMER OLD JOHN MARSHALL HIGH SCHOOL CORPS OF CADETS WHEREAS, the Old John Marshall High School Corps of Cadets was established in Richmond, Virginia in 1915 by the Richmond City School Board; and WHEREAS, this Corps of Cadets produced many recognized leaders, including U.S. Senator Harry F. Bird, Jr.; Representative Norman Sisisky; Chesterfield County Board of Supervisors Chairman Harry G. Daniel; four mayors of Richmond; several members of the city council; several generals and admirals; a Medal of Honor winner; a winner of the Distinguished Service Cross and two winners of the Navy Cross; judges; doctors; corporate CEOs; and other noteworthy individuals; and WHEREAS, members of this exemplary band of young men fought in each of the nation's wars since World War I (World War II, Korea and Vietnam), and seventy-six cadets went on to make the ultimate sacrifice for their nation; and WHEREAS, these young men committed themselves to "Duty, Honor, Country" and have distinguished themselves in war and peace, earning recognition from President Dwight D. Eisenhower, Sir Winston Churchill and many others; and WHEREAS, the nation reveres the memory of such men, including this year on November 11 as we celebrate Veterans' Day; and WHEREAS, Chesterfield County recognizes with pride and respect the long and illustrious history of the Old John Marshall High School Corps of Cadets. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield Board of Supervisors expresses its gratitude to the Old John Marshall High School Corps of Cadets, and recognizes the special place this Corps holds in the history of Virginia and the nation. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: October 13, 1999 Item Number: :[5. C. Subject: Resolution Recognizing October 1999 as'~omestic Violence Awareness Month" County Administrator's Comments: County Administrator: Board Action Requested: The Chesterfield County Domestic Violence Resource Center and County Domestic Violence Staff request the Board to proclaim October 1999 as '~omestic Violence Awareness Month." Summary of Information: Domestic Violence/Sexual Assault Awareness Month is observed in Chesterfield and Nationwide as a gesture to draw attention to the reality of violence in the home and to the work being done to end this violence. Activities throughout the month remember those who have lost their lives as a result of domestic violence, celebrate those who have survived, and to support those who work all year to provide safety and support for victims and their children. Chesterfield County is working Together Against Violence with initiatives that strive to build a coordinated community response to domestic violence. Preparer: Glen R. Peterson Title:Director, Community Corrections Services Attachments: Yes No RECOGNIZING OCTOBER 1999 AS DOMESTIC VIOLENCE AWARENESS MONTH WHEREAS, violence in the home continues as a major social problem affecting all members of the family and community; and WHEREAS, Chesterfield County is committed to supporting the well being of families by advocating for intervention and prevention activities that decrease the incidents of domestic violence; and WHEREAS, we understand the problems of domestic violence cross all economic, racial and societal barriers and are supported by societal indifference; and WHEREAS, the crime of domestic violence violates an individual's privacy, dignity, security and humanity due to systematic use of physical, emotional, sexual, psychological and economic control and abuse; and WHEREAS, the impact of domestic violence is wide ranging, directly affecting women, men, and their children and our community as a whole; and WHEREAS, only a coordinated and integrated effort which obtains a commitment from all elements of the community to share responsibility in the fight against domestic violence will put an end to the horrific crime. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the month of October 1999 as "Domestic Violence Awareness Month" and urges all citizens to actively support the efforts of the Chesterfield County Domestic Violence Resource Center, the Domestic Violence Task Force and our local domestic violence service providers in working towards the elimination of domestic violence in our community. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~ Date: October 13, 1999 Item Number: 15 .D. Subject: Recognizing Richard "Ricky" B. Franklin, Jr., Keith Robert Bachman, Hunter Davidson Hanger and James I. Maher all from Troop 890, Sponsored by The Brandermill Church Upon Attaining Rank of Eagle Scout County Administrator's Comments: County Administrator: Board Action Requested: Adoption of attached resolutions. Summary of Information: Staff has received requests for the Board to adopt resolutions recognizing Mr. Franklin, Mr. Bachman, Mr. Hanger and Mr. Maher all from Troop 890 upon attaining rank of Eagle Scout. Ail will be present at the meeting, accompanied by members of their family, to accept the resolutions. Clover Hill District Richard "Ricky" B. Franklin Parents: Rick & Kathy Keith Robert Bachman Parents: Mike & Chris Matoaca District Hunter Davidson Hanger Parents: Harry & Elaine James I. Maher Parents: Jim & Judith Preparer: ~'~'~--~~ Lisa H. Elko Attachments: Ycs Title: No Clerk to the Board WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Richard B. Franklin, Jr., Troop 890, sponsared by The Brandermill Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Ricky is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Richard B. Franklin, Jr. and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Keith Robert Bachman, Troop 890, sponsored by The Brandermill Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Keith is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Keith Robert Bachman and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Hunter Davidson Hanger, Troop 890, sponsored by The Brandermill Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Hunter is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations' to Mr. Hunter Davidson Hanger and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. James I. Maher, Troop 890, sponsored by The Brandermill Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, James is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. James I. Maher and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page I of 1 AGENDA Meeting Date: October 13, 1999 Item Number: 16.A. Subject: Public Hearing to Consider Proposed Amendments to the Subdivision and Zoning Ordinance Updating References to State Law to Reflect the Recodification of Title 15.2 of the Virginia Code County Administrator's Comments: Board Action eq : Approve the attached ordinance updating references to state law to reflect the recodification of Title 15.2 of the Virginia Code. Summary_ of Information: Last year, the General Assembly recodified Title 15.1 of The Virginia Code, dealing with localities, into a new Title 15.2. Several of the subdivision ordinance and zoning ordinance provisions in the Chesterfield County Code reference state law provisions previously contained in Title 15.1 which need to be converted to Title 15.2 references. The attached ordinance updates these state law references. None of the proposed changes would substantively change the County Code in any way. At its February 10, 1999 meeting, the Board referred these amendments to the Planning Commission for their consideration and recommendation. The Planning Commission considered the amendments at its April 20, 1999 meeting, and recommends approval. The Board scheduled a public hearing for today to consider the proposed amendments. Staff recommends that the Board approve the amendments. Attachments: · Yes [] No Title: County Attorney 2018:46580.1 I ' AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AtMENDED, BY AMENDING SECTIONS 17-2, 17-61, 19-1, 19-22, 19-45, 19-53, 19-233, 19-238 and 19-301 TO UPDATE REFERENCES IN THOSE SECTIONS TO TITLE 15.1 OF THE VIRGINIA CODE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 17-2, 17-61, 19-1, 19-22, 19-45, 19-53, 19-233, 19-238 and 19-301 of the Code of the Count_ of Chesterfield, 1997, as amended, are amended and reenacted to read as follows: Sec. 17-2. Definitions. In the construction of this chapter, the definitions contained in this section shall be observed and applied, except when the context clearly indicates otherwise: ooo General plan: The plan delineated by Code of Virginia, § 15.1-466.1 ~. ooo Sec. 17-61. Conformity to applicable rules and regulations. In addition to the design standards established herein, all subdivision plats shall comply with the following laws, ordinances, roles and regulations as they may be applicable: (1) The provisions of Code of Virginia, tit. ,.,. ,, ~,,. ~ ~, ai~. 7 15.2. ch. 22. art. 6[§ ..... ~ ] _ ,.,. ,--,,,_, 15.2-2240 et seq.. ooo Sec. 19-1. Purpose of chapter. The purpose of this chapter is to promote the health, safety, convenience and general welfare of the public and to accomplish the objectives of Code of Virginia, §§ 15.1-427 ~ and 15. I-4~,9 15.2-2283. To these ends, this chapter is designed: ooo 0505:43644.1 1 Sec. 19-22. Certiorari to review decision of board of zoning appeals. Any person or persons jointly or severally aggrieved by any decision of the board of zoning appeals, or any aggrieved taxpayer or any officer, department, board or bureau of the county may present to the circuit court of the county a petition specifying the grounds on which aggrieved within 30 days ager the filing of the decision in the office of the board of zoning appeals in accordance with the provisions of Code of Virginia, § ,~. ~--,,, 15,2-2314. OOO Sec. 19-45. Designation of historic districts, landmarks and landmark sites. Pursuant to Code of Virginia, §§ -13:-1-489 ~ and 15. I-5C3.2 ~, the board of supervisors shall have the authority to (1) designate landmarks and landmark sites having an important historical, architectural, archaeological or cultural interest; (2) establish historic districts within the county containing one or more buildings or places in which historic events occurred or having special public value because of notable architectural, archaeological or other features relating to the cultural or artistic heritage of the county, of such significance as to warrant conservation and preservation; and (3) establish areas of unique architectural value located within designated conservation, rehabilitation or redevelopment districts. OOO Sec. 19-53. Appeal from decision of the board of supervisors. Any aggrieved property owner shall have the right to appeal any final decision of the board of supervisors pursuant to this division to the circuit court within 30 days, in conformity with Code of Virginia § '~l j.~-.,,,.," ~'~'. 2 15.2-2306. OOO Sec. 19-233. Resource management area regulations. Any use, development or redevelopment of land shall meet the following performance criteria: (d) OOO Stormwater runoff shall be controlled to achieve the following: (2) 000 The following stormwater management options shall be considered to comply with the requirements of subsection (d)(1): 0505:43644.1 000 Compliance with a locally adopted regional stormwater management program incorporating pro rata share payments pursuant to the authority provided in Code of Virginia, § 15.1-466 15.2-2243, that achieves equivalent water quality protection. 000 Sec. 19-238. Development regulations. Any use, development or redevelopment of land in the Upper Swift Creek Watershed shall meet the following performance criteria: 000 (d) (1) Stormwater runoff shall be controlled to achieve the following: 000 (2) The following stormwater management options shall be considered to comply with the requirements of subsection (d)(1): 000 bo Compliance with a locally adopted regional stormwater management program incorporating pro rata share payments pursuant to the authority provided in Code of Virginia, § 15.1-466, ~ that achieves equivalent water quality protection. 000 Sec. 19-301. Definitions. For the purposes of this chapter, the following words and phrases shall have the following meanings: 000 Comprehensive plan: The comprehensive plan adopted pursuant to Code of Virginia, tit. -}Svt-rctmH-, ~ [§ 15.1-427 ~ et seq.], particularly Code of Virginia, § 15.1-446. I 0505:43644.1 ooo (2) That this ordinance shall become effective immediately upon adoption. 0505:43644.1 4 Richmond, Virginia 23293-0001 Adve~ising Affidavi~ (Th~s ~s not a bill. P~e~se pay from invoice} CHE D BO~ OF SUPERV[$ORS ATTN LISA E~O P O BOX 40 CHESTERFIELD VA 238324)040 220806 10/06/1999 Code 10/06/19 121 TAKE NOT~CETAKE NOTICE THAT THE BOARD 2.00 x 14.00 259.36 ATTACH HERE Richmond Newspapers, Inc. Publisher of THE RICHMOND TIMES-DiSPATCH This is to certify that the attached TAKE NOTICETAKE ?OTIC was published bY Richmond Newspapers, Inc. in the City of Richmond, state of Virginia, on th~ fci~lowing dates: 09/2911999 10/06/1999 The first insertion being given.,. Sworn to and subscribed before N°tary Public State of Virginia City of Richmond My Commi~ion expires 03/31/0~ 09/29/1999 THIS IS NOT A BILL. PLEASE pAy FROM INVOICE. THANK YoU CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: October 13, 1999 Item Number: 16.B. Subject: Public Hearing to Consider Amending § 6-26 of the County Code to Require Refunding Excess Business License Taxes Collected By Motor Vehicle Dealers County Administrator's Comments: County Administrator~/~ Board Action Requested: Adopt amendment to §6-26 of the County Code Summary of information: Currently, the State Code permits motor vehicle dealers to separately state the amount of business tax applicable to each sale of a motor vehicle and add that tax to the purchase price of a vehicle. Over the years, many dealers in the state incorrectly calculated the tax resulting in an overcharge to the consumer which is neither refunded to the purchaser nor submitted to the locality as gross receipts tax. Accordingly, the 1999 General Assembly adopted § 58.1-3734(B) of the Code of Virginia allowing localities to require by ordinance that motor vehicle dealers who collect taxes in this manner to refund excess business license taxes collected from purchasers. In Chesterfield, the Commissioner of Revenue audited motor vehicle dealers in the County approximately 10 years ago and discovered many discrepancies in the calculation of the tax which we believe have already corrected most '~over billing" situations. For that reason, we do not expect this ordinance to have a significant impact on car purchasers in the County. Nevertheless, to the extent any confusion still remains, the ordinance will provide clear direction to motor vehicle dealers. At its June 23 work session, the Board requested staff to set a public hearing for October 13, 1999 to consider an ordinance to provide for refunds of excess taxes collected. Preparer: Attachments: · Yes [] No Title: County Attorney 06140 8):46~ 02.1 (4~q 0~.~) AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTION 6-26 RELATING TO THE COLLECTION OF BUSINESS LICENSE TAX BY MOTOR VEHICLE DEALERS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) 7hat Section 6-26 of the Code qf the Count_ o_f Chesterfield, 1997, as amended,, is' amended and re-enacted to read asJbllows: Sec. 6-26. Retail merchants. (a) (b) (c) (d) Every retail merchant shall pay a license tax of $0.20 per $100.00 of base year gross receipts. If goods, wares and merchandise not belonging to a retail merchant are offered for sale by the retail merchant or by any other person at the retail merchant's place of business, such retail merchant shall obtain a license as a commission merchant as provided in section 6-32. Such retail merchant, however, may elect to include the total gross receipts from the sale of all goods, wares and merchandise not belonging to him in the base year gross receipts for his retail merchant license in lieu of obtaining a commission merchant license. Every person who sells merchandise by means of a coin-operated machine or device shall pay the retail merchant's license tax prescribed in subsection (a) of this section. All such machines shall be plainly marked so as to show the name and address of the owner thereof. Every cooperative which sells to others (excluding sales to commercial, industrial, or institutional users) at retail only and not for resale shall pay the license tax prescribed in subsection (a). If a motor vehicle dealer collects excess business license tax from a purchaser, such dealer shall exercise due diligence to refund such tax to the purchaser within 120 days of discovering such overpayment, and such dealer shall produce evidence of such refund to the commissioner of the revenue upon request. Any amounts that are not refunded to purchasers shall be remitted to the commissioner of the revenue as additional business license tax. (2) 7hat this ordinance shall become effective immediately upon adoption. 0614:46101.1 An Affiliate of Uled~a Oe.erai Richmond, Virginia 23293~00~ (804} 649-6000 (~Js Js no~ a ~ill. Please pay from invoice} CHESTERFIELD BOARD OF SUPERVISORS A~ LISA ELKO P O BOX 40 CHESTERFIELD VA 2383243040 220806 10/06/1999 Descri fion 10/06/19 121 TAKE NOTICETAKE NOTICE THAT THE BOARD 2.00 x 13.00 239.72 ATTACH Richmond Newspapers, inc. Pub ~isher of THE RICHMOND TIMES-DIISPATCH TwhalS iS .tO.. C?rt[~ that ~he a[lached T~ NOTICET~ NOTIC as puo~s~e~ by Richmond Newspapers, Inc. In the City of RlChmon~, State of Vkginla, on th~ f~owing dates: p~ ~endm~ is m file in the may be e~md them. If ~er Im 09/29/1999 10/06/1999 first insertion being given... 09/29/1999 Sworn to and subscribed before me thJs HERE SuPerVisor State of Virginia City of Richmond My CommiSSion expires 03/31 TH iS iS NOT A BILL. PLEASE PAY FROI~I INVOICE. THANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: October 13, 1999 Item Number: 16. C. Subject: PUBLIC HEARING: Ordinance to Vacate a Sixteen Foot Alley Within Block 4, Crescent Park Subdivision County Administrator's Comments: County Administrator: ~ ~ ~ ~ goard Action Requested: Staff recommends that the Board of Supervisors adopt an ordinance to vacate a 16' alley within Block 4, Crescent Park Subdivision, shown on the attached plat. Summary_ of Information: Kingsland Baptist Church has submitted an application requesting the vacation of a 16' alley lying between Lots 3 and 12 through 16, Block 4 and Lots 6 through 11, Block 4, within Crescent Park Subdivision. This request has been reviewed by staff and approval is recommended. District: Bermuda Jo~n W. Harmon Attachments: Yes No Title: Riqht of Way Manaqer VICINITY SKETCH PUBLIC HEARING: ORDINANCE TO VACATE A SIXTEEN FOOT ALLEY WITHIN BLOCK 4, CRESCENT PARK SUBDIVISION "T~{$ ~$ /o 'Cer/i[y tho/ on JAN. '7. 1998 I mode on occuro/e surve/ of //~e prem/~es.s/~o~n hereon ~ t~al /here ore no eo~e~l~nfs or encroachments vi$~/e on the 9round o/her Ihon /~o~e sho~n hereon.' This properly IS NOT ~l'lh~n o F£tWA Flood~oy Hozord os Comm. Pone/ # ZONE 'C' 51003§ 0091 C- doled 5-2-94 NOTE ~ SEE D.B 1940, Pp, 417 FOR INFERENTIAl_ PRIVATE OWNERSHIP OF THE 16' ALLEY SHOWN HEREON. 50' --- P/T- (MAI~"[ENANCE OF GRAVEL DRIVE - UNKNOWN) - -OAK'--LAWN .... STREET" AXLE 150.0' RO0 FD, FD. Kmgsland Baptist Church O Pin # 792-671-2696 : ~ · ' ~ AREA TO BE ___ ALLEY --,- ~ I VACATED \ ,il6',LLEYI iii ~o }[ [ ROAD E,p/o'.,~, $19' 13' E ~ p, ~,Z ,~ ~; PERRYMONT 70' RIW JA?UARY 7, 1998 r//J~'~ Virginia Surveys P.O. BOX118 / ~ ~ ff CH~T~FI~D, VA ~ ~ ~ c[~T~[oa~ M,E, FLOYD 98C'138~9 SC*L[ I" = 50' (STATE MAINTAINED) MAP SHOWING THE IMPROVEMENTS ON LOTS 6 THROUGH 15, BLOCK 4, PLAN OF CRESCENT PARK, IN CHESTERFIELD COUNTY, VIRGINIA. Advertising Affidavit (This is not a bill Please pay from invoice) CHESTERFILD CO RIGHT WAY RIGHT OF WAY DEFT CHESTERFIELD VA 23832 P.O. Box 85333 ~ Richmond, Virginia 232934)00't (804) 649-6000 UTILITIES DEPT. ~ SECT code Descrip.~on Ad Size 220686 I0/06/1999 TOtal 10/06/19 121 TAKE NOTICE~T ON OCTOBER 13 1999 AT 70 2.00 x 13.00 239.72 ATTACH HERE Richmond Newspapers, inc. Publisher of THE RICHMOND TIMES-DISPATCH This is to Certify that the attached TAXE NOTICETHAT ON OC :was Published by Richmond Newspapers, Inc. in the City of Richmond; State of Virginia, on the following dates: 09/29/1999 10/06/1999 The first insertion being given... 09/29/1999 Sworn to and subscribed before State of Virginia City of Richmond I~Y Commission expires 03/3~/01 Supervisor THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meeting Date: October 13, 1999 Item Number: 17. Subject: Adjournment and Notice of Next Scheduled Meeting of the Board of Supervisors County Administrator's Comments: County Administrator:~ ~~--7--~~ Board Action Requested: Summary of Information: Motion of adjournment and notice of the next scheduled meeting on October 27, 1999 at 4:00 p.m. Preparer: ~ ~'~ Title: Lisa H. Elko Attachments: [~] Yes No Clerk to the Board