Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
10-13-2004 Packet
CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: Subiect: October 13, 2004 Item Number: 2.A. County Administrator's Comments County Administrator's Comments: County Administrator: ~ Board Action Requested: Summary of Information: Ms. Patty Carpenter, Chair, Citizens for Chesterfield Students~will make a presentation to the Board of Supervisors to provide a status of the bond referendum campaign efforts, an update on presentations, and an update on what is left to do. Preparer: Lisa Elko Attachments: ~--~ Yes No Title: Clerk to the Board #00o00 . CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 13, 2004 Item Number: 2.B. Subject: County Administrator's Comments County Administrator's Comments: County Administrator: ~_ Board Action Requested: Summary of Information: Chesterfield County Intimate Partner & Family Violence Review Project will brief the board on their findings and recommendations. This project, which was accepted by the Chesterfield Board of Supervisors as a resolution December 19, 2001, resulted in a fatality review report. The fatality review report will be distributed to county officials and the community at large in an effort to enhance our domestic violence coordinated response and protocols. This report was previously submitted to Board members. Presenters will be Ms. Beth Smyers(Chesterfield County Commonwealth Attorney representative), Ms. Sharon Lindsey (Domestic Violence Coordinator for the Chesterfield County Police Department) and Ms. Tisha Skinner (Supervisor for the Domestic Violence Unit with Chesterfield County's Community Correction Services). Preparer: Patricia Jones-Turner Title: Chesterfield County Domestic Violence Coordinator Attachments: [-~ Yes No #000002 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 13, 2004 Item Number: 5.A. Subiect: Resolution Recognizing Staff Sergeant Christopher Watson for His Contribution to the War Against Global Terrorism County Administrator's Comments: County Administrator: Board Action Requested: Mr. Warren requested the adoption of the attached resolution. Summary of Information: Staff Sergeant Christopher Watson, United States Army, will be present to receive a resolution for his courageous service and sacrifice. Preparer: Lisa Elko Title: Clerk to the Board Attachments: Yes ~ No 000003 RECOGNIZING STAFF SERGEANT CHRISTOPHER WATSON FOR HIS CONTRIBUTIONS TO THE WAR AGAINST GLOBAL TERRORISM WHEREAS, on September 11, 2001, the United States was stunned when terrorists hijacked airplanes and attacked the World Trade Center and the Pentagon, killing and injuring thousands of people; and WHEREAS, as a result of these attacks, the United States military entered into a war against global terrorism; and WHEREAS, this military response has included "Operation Noble Eagle," involving homeland defense and civil support missions; "Operation Enduring Freedom," formerly known as "Operation Infinite Justice," to destroy the terrorist training camps and infrastructure within Afghanistan, the capture of al Qaeda leaders, and the cessation of terrorist activities in Afghanistan; ~Operation Vigilant Resolve," to isolate and root out the terrorist forces responsible for repeated attacks on coalition forces in Fallujah, Iraq; and ~Operation Iraqi Freedom," to free the people of Iraq from years of tyranny under the Iraqi dictator Saddam Hussein, who also sponsored terrorism; and WHEREAS, each of these operations was conducted to make the United States, and the world, a safer place; and WHEREAS, among the hundreds of thousands of military personnel mobilized for this war effort were scores of Chesterfield County residents and employees who serve in the reserve components of the various military services; and WHEREAS, Staff Sergeant Christopher Watson, United States Army, is one of the courageous Americans who answered the call to duty unflinchingly and honorably; and WHEREAS, this Board of Supervisors supports the President and our troops, and commends the reserve military personnel who served in these military operations for their courageous service and sacrifice; and WHEREAS, the families of these military men and women also bear a great sacrifice and uncertainty in the absence of their loved ones serving in far- off lands; and WHEREAS, it is appropriate to recognize the courage and sacrifice of our reservists and their families during this difficult time. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 13th day of October 2004, publicly recognizes the sacrifice and courage of Staff Sergeant Christopher Watson, and expresses its gratitude to him for making the world a safer place for freedom-loving people everywhere. 000004 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 13, 2004 Item Number: 5.B. Subiect: Recognizing October 2004, as "Crime Prevention Month" in Chesterfield County County Administrator's Comments: County Administrator: Board Action Requested: Adoption of attached resolution. Summary of Information: Representatives from the Chesterfield County Police Department will be present at the meeting to accept the resolution. Preparer: Carl R. Baker Title: Chief of Police Attachments: Yes ~ No 000005 RECOGNIZING OCTOBER 2004, AS "CRIME PREVENTION MONTH" WHEREAS, the vitality of our county depends on how safe we keep our homes, neighborhoods, schools, workplaces, and communities; and WHEREAS, crime and fear of crime destroy our trust in others and in civic institutions, threatening the community's health, prosperity, and quality of life; and WHEREAS, people of all ages must be made aware of what they can do to prevent themselves and their families, neighbors, and co-workers from being harmed by crime; and WHEREAS, the personal injury, financial loss, and community deterioration resulting from crime are intolerable and require investment from the whole community; and WHEREAS, crime prevention initiatives must include self-protection and security, but they must go beyond these to promote collaborative efforts to make neighborhoods safer for all ages and to develop positive opportunities for younger people; and WHEREAS, adults must invest time, resources, and policy support in effective prevention and intervention strategies for youth, and teens must be engaged in driving crime from their communities; and WHEREAS, effective crime prevention programs excel because of partnerships among law enforcement, other government agencies, civic groups, schools, faith communities, businesses, and individuals as they help to nurture communal responsibility and instill pride. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 13th day of October 2004, publicly recognizes October 2004, as "Crime Prevention Month" in Chesterfield County and urges all citizens, government agencies, public and private institutions, and businesses to invest in the power of prevention and work together to make Chesterfield County a safer, stronger, more caring community. 000006 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 13, 2004 Item Number: 5.C. Subiect: Resolution Recognizing October 2004, as "Domestic Violence Awareness Month" County Administrator's Comments: County Administrator: Board Action Requested: The Chesterfield County Domestic Violence Resource Center, county domestic violence task force and service providers request the Board proclaim October 2004, as Domestic Violence Awareness Month." Summary of Information: Domestic Violence Awareness month is observed in Chesterfield County and nationwide as a gesture to draw attention to the harsh reality of violence in the home and 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 survive, and to support those who work all year to provide safety and support to victims and their children. County domestic violence staff, service providers and citizens request the clerk read the attached resolution and present to Patricia Jones- Turner, Domestic Violence Resource Center Coordinator, and members of the Chesterfield County Domestic Violence Task Force. Preparer: Bradford S. Hammer Attachments: Yes Title: Deputy County Administrator, Human Services [~-~ No %0000'7 RECOGNIZING OCTOBER 2004, 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 dramatically reduces the quality of life for many citizens; and WHEREAS, we understand the problems of domestic violence occur among people of all ages and in families of all economic, racial, and social backgrounds; 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, 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, 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, this 13th day of October 2004, publicly recognizes October 2004, as ~Domestic Violence Awareness Month" and urges all citizens to actively support the efforts of the Chesterfield County Domestic Violence Resource Center, the Chesterfield Domestic Violence Task Force and our local domestic violence service providers in working towards the elimination of domestic violence in our community. O0000S DOMESTIC VIOLENCE RESOURCE CENTER'S STATISTICAL REPORT Domestic Violence Civil and Criminal Protective Order Petitions Civil and Criminal Protective Order Petitions FY2003 Month Civil Criminal Total January 21 16 37 February 15 19 34 March 16 19 35 April 22 27 49 May 24 27 51 June 21 12 33 July 22 20 42 August 6 54 60 September 9 32 41 October 27 19 46 November 21 22 43 December 15 16 31 Total 219 283 502 Civil and Criminal Protective Order Petitions FY2004 Month Civil Criminal Total January 29 15 44 February 16 12 28 March 24 13 37 April 29 15 44 May 29 27 56 June 34 13 47 July 30 17 47 August 34 18 52 September 32 24 56 October 23 22 45 November 19 18 37 December 19 14 33 Total 318 208 526 000009 Civil and Criminal Protective Order Petitions FY2005 Month Civil Criminal Total January 16 9 25 February 13 12 25 March 25 20 45 April 26 23 49 May 25 13 38 June 30 17 47 July 22 15 37 August 25 17 42 September October November December Total 0000 .0 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 13, 2004 Item Number: 8.A. Subject: Approval of Agreements for Financing the Purchase of, and for Operation of, Cloverleaf Mall and Transfer of Funds from the Reserve for Future Capital Projects to Cover the Costs of the Agreements and Costs of Mall Operations County Administrator's Comments: County Administrator: Board Action Requested: Staff will provide detailed information prior to the Board meeting. Preparer: Thomas E. Jacobson Attachments: ~ Yes No Title: Director of Revitalization 0425:67039.1 000{):1;2 Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 October t3, 2004 Item Number: 8.A. Subject: Approval of Agreements and Financial Redevelopment of Cloverleaf Mall Designations Providing for the County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to take three actions regarding the redevelopment of Cloverleaf Mall: 1) Approve and authorize the County Administrator to execute a ~Support Agreement" between the County and the IDA obligating the County, subject to annual appropriations, to make payments under an IDA loan in an amount up to $10,000,000 as authorized by the Board of Supervisors to purchase the Cloverleaf Mall Buildings and land parcels. 2) Approve and authorize the County Administrator to execute a Lease between the County and the IDA obligating the County, subject to annual appropriations, to pay the cost of operating the Mall. 3) Approve the use of $1,050,000 from the Reserve for Future Capital Projects for FY2005 costs as follows: designate $500,000 for operating costs associated with the Mall for 2004/05; approve the use of $300,000 for debt service costs associated with the IDA loan, and approve the designation of $250,000 for other operating costs associated with the Mall, including costs associated with the acquisition of additional property. Preparer: Thomas E. Jacobson Title: Director of Revitalization 0425(05):67095.1 Attachments: Yes ~-~ No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Summary of Information: On August 11, 2004 the Industrial Development Authority (IDA) of the County of Chesterfield entered into an agreement to purchase certain property generally described as Cloverleaf Mall and nearby tracts for $6,100~001. The property being purchased consists of 43.11 acres subject to a ground lease and 21.2345 acres in fee simple. Additional property adjacent to or nearby these parcels may also be acquired in order to assembly a financially feasible and desirable land tract for redevelopment. The IDA's purchase of the property is contingent upon the financial support of Chesterfield County to pay purchase loans, mall operating costs, and the ground lease. This is estimated to cost $1,050,000 during FY2005. The IDA is entering into a "line-of-credit" loan up to $10,000~000 to make the $6.1 million initial purchase. The remainder of the $10,000,000 line of credit could be used to purchase additional property as necessary and approved by the Board at a later time. The Support Agreement obligates the County to make loan payments subject to annual appropriation only if the loan proceeds are used to purchase Cloverleaf Mall property in accordance with the County's redevelopment plan. The operation of the Mall will continue during the initial phase of the redevelopment plan. The IDA cannot provide the necessary management support to operate the Mall, but will lease the Mall to the County to operate~ primarily through a mall manager. A lease between the County and the IDA is being finalized to allocate the relative responsibilities of the parties. The County will be obligated under the Lease to pay the cost of the Mall's operation including operation losses, also subject to annual appropriation. The County Administrator is requesting that the Board approve the Support Agreement and Lease and authorize him to execute the documents. The Board is also requested to approve the expenditure of $1,050,000 from the Reserve for Future Capital Projects for FY2005 costs as follows: designate $500,000 for operating costs associated with the Mall; approve the use of $300,000 for debt service costs associated with the IDA loan, and approve the designation of $250,000 for other operating costs associated with the Mall, including costs associated with the acquisition of additional property. DRAFT SUPPORT AGREEMENT THIS SUPPORT AGREEMENT made as of October 1, 2004, between the COUNTY OF CHI~STERFIELD, VIRGINIA (the "County"), and the INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD (the "Authority"), a political subdivision of the Commonwealth of Virginia; WITNESSETH: WHEREAS, the Authority is organized and operating under the Virginia Industrial Development and Revenue Bond Act (the "Act"), Chapter 49, Title 15.2 of the Code of Virginia of 1950, as amended (the "Virginia Code"); and and facil obli~ whel inter WHEREAS, the Act authorizes the Authority to acquire, improve, maintain, equip, lease tispose of "Authority facilities," as defined in the Act, to finance or refinance and lease ties for use by, among others, a county, to issue its revenue bonds, notes and other ations from time to time for such purposes and to pledge all or any part of its assets, :~er then owned or thereafter acquired, as security for the payment of the principal of and :st on any such obligations; and rede' inck publ and WHEREAS, the Authority and the County desire to undertake a program involving the 'elopment of all or a portion of a retail shopping mall into a mixed use facility which may :le residential, office, retail and other commercial space (the "Project"), which will be in the c interest of the County and its environs and will benefit the Commonwealth of Virginia :s citizens by facilitating the public purpose of economic development in the County; and , WHEREAS, in furtherance of the purposes of the Act, the Authority will issue and sell its Tax,le Redevelopment Facility Note (Cloverleaf Mall Redevelopment Project), Series 2004, in an atnount up to $10,000,000 (the "Note"), to Wachovia Bank, National Association (the ar~k ), in accordance with the terms of a Note Purchase and Loan Agreement dated as of October 1, 2004 (the "Financing Agreement"), and will use the proceeds of the Note to acquire the.~roject and thereafter, lease the Project to the County to provide for the operation and maln[tenance of the Project prior to its redevelopment; and WHEREAS, the Board of Supervisors of the County (the "Board of Supervisors") on October 13, 2004, authorized the execution of an agreement providing for the County to ,c, onsider cert~n appropriations in connection with, among others, payments due on such Note ( Annual Payments"); and WHEREAS, all acts, conditions and things required by law to happen, exist and be perf ~C~ned precedent to and in connection with the execution of and entering into this Support Agreement have happened, exist and have been performed in regular and due time and in form and rganner as required by law, and the parties hereto are now duly empowered to execute and enteriinto this Support Agreement; i NOW, THEREFORE, in consideration of the mutual covenants and agreements here~after contained and other valuable consideration, the parties hereto covenant and agree as follows: of th Act, o acqu Pro j, The Authority will finance the cost of the acquisition of the Project through the issuance Note, in accordance with the provisions of the Industrial Development and Revenue Bond 2hapter 49, Title 15.2, Code of Virginia of 1950, as amended. Subject to the provisions of Section 3, the County will assist the Authority in the .sition of the Project and will assist the Authority and the Corporation in the operation of the :ct through an Agency Agreement with the Authority and the Corporation. 3. While recognizing that it is not empowered to make any binding commitment to make Ann tal Payments beyond the current Fiscal Year, the Board of Supervisors in authorizing the exec trion of this Support Agreement has stated its intent to make annual appropriations suffi ',ient to make the Annual Payments. Notwithstanding anything in this Support Agreement to the contrary, the County's obliSations to pay the cost of performing its obligations under this Support Agreement, including its o~)ligations to pay all Annual Payments, shall be subject to and dependent upon appropriations bei~ made from time to time by the Board of Supervisors for such purpose; provided, however, that ]the County Administrator or other officer charged with the responsibility for preparing the Cou ~ty's Annual Budget shall include in the budget for each Fiscal Year as a single app~ )priation the amount of all Annual Payments coming due during such Fiscal Year, with such Ann ~al Payments computed at assumed interest rate of [six] percent per annum. Throughout the terrr of this Support Agreement, the County Administrator or other officer charged with the resp )nsibility for preparing the County's Annual Budget shall deliver to the Authority and the Ban :promptly after the adoption of the Annual Budget for each Fiscal Year, a certificate stating whe her an amount equal to the estimated Annual Payments that will come due during such Fisc d Year has been appropriated by the Board of Supervisors in such budget. Adr subl as appi If at any time during any Fiscal Year of the County, the amount appropriated in the aal Budget for the fiscal year is insufficient to pay when due the Annual Payments and other ants due under the Financing Agreement, the Board of Supervisors directs the County tinistrator (or other officer charged with responsibility for preparing the Annual Budget) to fit to the Board of Supervisors, at the next scheduled meeting of the Board of Supervisors, or romptly as practicable, but in any event within 60 days, a request for a supplemental opriation sufficient to cover the deficit. For purposes hereof, the following words shall have the following meanings unless a different meaning clearly appears from the context: "Annual Budget" shall mean the budget of the County for a Fiscal Year. · "Fiscal Year" shall mean the twelve-month period beginning July 1 of one year and endi~ June 30 of the following year, or such other fiscal year of twelve months as may be selecied by the County. respe the p inure SUCC~ for tk (a) Neither the County nor the Authority shall have the fight to assign or transfer their :tive rights, liabilities and obligations under this Support Agreement, to any person without 5or written consent of the other party. This Support Agreement shall be binding upon, to the benefit of and be enforceable by the County and the Authority and their respective Isors and permitted assigns. The County consents to any such assignment by the Authority benefit of the holder of the Note. (b) ~ The Authority's rights, title and interest in this Support Agreement (but not its oblig~ tions) are hereby assigned to the holder of the Note as their interests may appear as coll/t~ral security for the payment in full of the Note. By its execution and delivery of this SuppOrt Agreement, the County has evidenced its consent to such assignment. 5. i The County and the Authority, as appropriate, shall furnish to the Bank the following financial information in each instance prepared in accordance with generally accepted accot~nting principles consistently applied and otherwise in form and substance satisfactory to the B~nk: (a) ,{ As soon as available and in any event within 180 days after the end of each Fiscal Year, a copy~f the audited financial statements of the Authority and the County as of the end of such Fisca~ Year and the notes thereto, in each case certified in a manner reasonably satisfactory to the Bankfby independent certified public accountants; and (b) Such other information respecting the condition or operations, financial or otherwise, of the ~thority as the Bank may from time to time reasonably request. o regisl Coun Direc (Atte other Any notices or requests required to be given hereunder shall be deemed given if sent by :red or certified mail, postage prepaid, addressed (a) if to the County, at Chesterfield :y, P.O. Box 40, Chesterfield, Virginia 23832 (Attention: Rebecca Dickerson, Purchasing :or), (b) if to the Authority, at 9401 Courthouse Road, Chesterfield, Virginia 23832 ttion: Chairman), and (c) if to the Bank, at Any party may designate any address for notices or requests by giving notice under this paragraph. 7. This Agreement shall be governed by the laws of the Commonwealth of Virginia. 8. If any clause, provision or section of this Agreement shall be held illegal or invalid by any a>urt, the illegality or invalidity of such clause, provision or section shall not affect the remai ~der of this Agreement which shall be construed and enforced as if such illegal or invalid claus{, provision or section had not been contained in this Agreement. 9. This Agreement shall remain in full force and effect until the Note has been paid in full. 10. ~ All capitalized terms used herein and not otherwise defined shall have the meanings ascribed thereto in the Financing Agreement. 3 11. This Agreement may be executed in several counterparts each of which shall be an original and all of which together shall constitute but one and the same instrument. 12. Any dispute relating in any way to this Agreement that cannot be resolved between the parties shall be resolved in the Circuit Court of Chesterfield County and in no other forum. IN WITNESS WHEREOF, the parties hereto have each caused this Agreement to be executed in their respective names as of the date first above written. COUNTY OF CHESTERFIELD, VIRGINIA By. INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD By. 5 24190.000197RICHMOND1298016v3 D AFT LEASE AGREEMENT between INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD, as Grantor and COUNTY OF CHESTERFIELD, VIRGINIA, as Grantee Dated as of October 18, 2004 TABLE OF CONTENTS Page ARTICLE I DEFINITIONS AND RULES OF CONSTRUCTION Section 1.1. Section 1.2. Definitions ................................................................................................................ 2 Rules of Construction .............................................................................................. 3 ARTICLE II REPRESENTATIONS Section 2.1. Representations by Authority .................................................................................. 4 Section 2.2. Representations by County ...................................................................................... 4 ARTICLE III 6 Section 3.1. Lease of Property ..................................................................................................... 6 ARTICLE IV LEASE TERM; PAYMENT OF RENTAL; MAINTENANCE; INSURANCE AND TAXES Section 4.1. Section 4.2. Section 4.3. Section 4.4. Section 4.5. Section 4.6. Section 4.7. Section 4.8. Section 4.9. Lease Term ............................................................................................................... 7 Rental Payments ....................................................................................................... 7 Obligation Unconditional ......................................................................................... 7 Appropriations of Additional Rent .......................................................................... 7 Net Lease ................................................................................................................. 8 Liens on Property ..................................................................................................... 8 Installation of County's Own Furnishings and Equipment ...................................... 8 Prepayment of Basic Rent ........................................................................................ 9 Option to Purchase. ARTICLE V MAINTENANCE, INSURANCE AND TAXES Section 5.1. Section 5.2. Section 5.3. Section 5.4. Section 5.5. Section 5.6. Section 5.7. Maintenance and Modifications by the County ..................................................... 10 Taxes, Other Governmental Charges and Utility Charges ..................................... 10 Insurance ................................................................................................................ 11 Management Contract ............................................................................................ 11 The County to Furnish Proof of Payment of Taxes, Etc ........................................ 11 Advances by the Authority .................................................................................... 11 Parties to Give Notice ............................................................................................ 11 -i- Section 5.8. Section 6.1. Section 6.2. Section 7.1. Section 7.2. Section 7.3. Section 7.4. Section 7.5. Section 7.6. Section 8.1. Section 8.2. Section 8.3. Section 9.1. Section 9.2. Section 9.3. Section 9.4. Section 9.5. Section 9.6. Section 9.7. Damage and Destruction ........................................................................................ 11 ARTICLE VI PARTICULAR COVENANTS Limitation of Liability of Members, Commissioners, etc. of Authority and County .................................................................................................................... 13 Maintenance of Existence of Authority ................................................................. 13 ARTICLE VII EVENTS OF DEFAULT AND REMEDIES Events of Default. Remedies ................................................................................................................ 14 Reinstatement after Event of Default ..................................................................... 15 No Remedy Exclusive ............................................................................................ 15 No Additional Waiver Implied by One Waiver ..................................................... 15 Attorneys' Fees and Other Expenses ..................................................................... 15 ARTICLE VIII TERMINATION OF LEASE Right To Terminate in the Event of Non-Appropriation ....................................... 16 Rights upon Termination in the Event of Non-Appropriation ............................... 16 Reinstatement after Termination ............................................................................ 16 ARTICLE IX MISCELLANEOUS Notices ................................................................................................................... 17 Severability ............................................................................................................ 17 Limited Liability of County ................................................................................... 17 Successors and Assigns .......................................................................................... 17 Counterparts .................................................... 2 ...................................................... 17 Entire Agreement ................................................................................................... 17 Governing Law and Exclusive Venue ................................................................... 18 Exhibit A - Property Description -ii- THIS LEASE AGREEMENT dated as of the 18th day of October, 2004, by and between the INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD, a political subdivision of the Commonwealth of Virginia (the "Authority"), and the COUNTY OF CHESTERFIELD, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "County"), provides: WITNESSETH: WHEREAS, the Authority is organized and operating under the Virginia Industrial Development and Revenue Bond Act (the "Act"), Chapter 49, Title 15.2 of the Code of Virginia of 1950, as amended (the "Virginia Code"); and WHEREAS, the Act authorizes the Authority to acquire, improve, maintain, equip, lease and dispose of "Authority facilities," as defined in the Act, to finance or refinance and lease facilities for use by, among others, a county, to issue its revenue bonds, notes and other obligations from time to time for such purposes and to pledge all or any part of its assets, whether then owned or thereafter acquired, as security for the payment of the principal of and interest on any such obligations; and WHEREAS, the Authority and the County desire to undertake a program involving the redevelopment of all or a portion of a retail shopping mall into a mixed use facility including residential, office, retail and other commercial space (the "Project"), which will be in the public interest of the County and its environs and will benefit the Commonwealth of Virginia and its citizens by facilitating the public purpose of economic development in the County; and WHEREAS, in furtherance of the purposes of the Act, the Authority will issue and sell its Taxable Redevelopment Facility Note (Cloverleaf Mall Redevelopment Project), Series 2004, in an amount up to $10,000,000 (the "Note"), to Wachovia Bank, National Association (the "Bank"), in accordance with the terms of a Note Purchase and Loan Agreement dated as of October 1, 2004 (the "Financing Agreement"), and will use the proceeds of the Note to acquire the Project and, thereafter, lease the Project to the County to provide for the operation and maintenance of the Project prior to its redevelopment; and WHEREAS, the Board of Supervisors of the County (the "Board of Supervisors") adopted a resolution on October 13, 2004, authorizing the execution of a Support Agreement dated as of October 1, 2004, between the Authority and the County (the "Support Agreement"), providing for the County to consider certain appropriations in connection with, among others, payments due on such Note ("Annual Payments"), as grants; and NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained and other valuable consideration, the parties hereto covenant and agree as follows: ARTICLE I DEFINITIONS AND RULES OF CONSTRUCTION Section 1.1. Definitions. The following words as used in this Lease Agreement shall have the following meanings unless a different meaning clearly appears from the context: "Act" shall mean the Virginia Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended. "Additional Rent" shall mean (a) reasonable costs and expenses directly related to the Property incurred by the Authority, (b) reasonable costs and expenses, including premiums, for any credit facility provider, (c) a reasonable share of the fees and expenses of the Authority, including the reasonable fees of its counsel and the cost of any audit of the funds of the Authority, and (d) all other amounts which the County agrees to pay to the Authority under the terms of this Lease Agreement, but not including Basic Rent. "Annual Budget" shall mean the budget by that name referred to in Section 4.4. "Annual Payment(s)" shall mean the payments made by the County under the Support Agreement. "Bank" shall mean Wachovia Bank, National Association, in its position as holder of the Note. "Basic Agreements" shall mean this Lease Agreement, the Support Agreement and the Financing Agreement. "Basic Rent" shall mean the payments payable by the County pursuant to Section 4.2(a). "Event of Default" shall mean the events enumerated in Section 7.1. "Financing Agreement" shall mean the Note Purchase and Loan Agreement dated as of October 1, 2004, between the Authority and Wachovia Bank, National Association. "Fiscal Year" shall mean the twelve-month period beginning July 1 of one year and ending on June 30 of the following year, or such other fiscal year of twelve months as may be selected by the County. "Lease Agreement" shall mean this Lease Agreement, as such Lease Agreement may be supplemented, amended or modified. "Note" shall mean the Authority's Taxable Redevelopment Facility Note (Cloverleaf Mall Redevelopment Project), Series 2004. -2- "Permitted Encumbrances" shall mean, as of any particular time as to the Property, (a) liens for taxes and special assessments not then delinquent, (b)liens for taxes and assessments which are delinquent but the validity of which is being contested in good faith and with respect to which the County shall have set aside adequate reserves, unless thereby any of the Property or the interest of the County therein may be in danger of being lost or forfeited, (c) this Lease Agreement and any security interests or other liens created hereby, (d) mechanics' and materialmen's liens incident to construction or maintenance now or hereafter filed of record which are being contested in good faith and have not proceeded to judgment, provided that the County shall have set aside adequate reserves with respect thereto, (e) restrictions, mineral rights, easements, rights of way, exceptions or reservations for the purpose of utilities (including but not limited to water and gas pipelines, sanitary and storm sewers, telephone lines, telegraph lines, power lines, substations and other facilities and equipment used in connection with such utilities), roads, streets, alleys, highways, railroads, dikes, canals, laterals, ditches, and other like purposes, or for the joint or common use of real property, in each case which do not materially impair the use of the Property for the purposes for which it is or may reasonably be expected to be held, (f) such defects, irregularities, encumbrances, easements, rights of way and clouds on title as normally exist with respect to property owned or leased by the County and similar in character to the Property and as will not, in the opinion of the County Attorney, impair the use of the Property affected thereby for the purpose for which it is or may reasonably be expected to be held by the County, and (g) present or future zoning laws and ordinances. "Project" shall mean the redevelopment of all or a portion of the retail shopping mall known as Cloverleaf Mall into a mixed use facility which may include residential, office, retail and other commercial space. "Property" shall mean the real property and any and all improvements now or hereafter existing thereon (but exclusive of any equipment, furnishings or other personal property located in or on the Property), as set forth in Exhibit A. "Support Agreement" shall mean the Support Agreement dated as of October 1, 2004, between the Authority and the County. Section 1.2. Rules of Construction. The following rules shall apply to the construction of this Lease Agreement unless the context otherwise requires: (a) Words importing the singular number shall include the plural number and vice versa. (b) Unless otherwise indicated, all references herein to particular Articles or Sections are references to Articles or Sections of this Lease Agreement. (c) The headings herein and Table of Contents to this Lease Agreement herein are solely for convenience of reference and shall not constitute a part of this Lease Agreement nor shall they affect its meaning, construction or effect. -3- ARTICLE II REPRESENTATIONS Section 2.1. Representations by Authority. The Authority makes the following representations: (a) The Authority is a political subdivision of the Commonwealth of Virginia duly created pursuant to the Act; (b) Pursuant to the Act, the Authority has full power and authority to enter into the Basic Agreements and to perform the transactions contemplated thereby and to carry out its obligations thereunder and by proper action has duly authorized, executed and delivered such Basic Agreements; (c) The execution, delivery and compliance by the Authority with the terms and conditions of the Basic Agreements will not conflict with or constitute or result in a default under or violation of, (1) any existing law, rule or regulation applicable to the Authority, or (2) any trust agreement, mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree or other agreement, instrument or other restriction of any kind to which the Authority or any of/ts assets is subject; (d) No further approval, consent or withholding of objection on the part of any regulatory body or any official, Federal, state or local, is required in connection with the execution or delivery of or compliance by the Authority with the terms and conditions of the Basic Agreements, except that no representation is made as to the applicability of any Federal or state securities laws; and (e) There is no litigation at law or in equity or any proceeding before any governmental agency involving the Authority pending or, to the knowledge of the Authority, threatened with respect to (1) the creation and existence of the Authority, (2) its authority to execute and deliver the Basic Agreements, (3) the validity or enforceability of the Basic Agreements or the Authority's performance of its obligations thereunder, or (4) the title of any officer of the Authority executing the Basic Agreements. Section 2.2. Representations by County. The County makes the following representations: (a) The County is a political subdivision of the Commonwealth of Virginia; (b) The County has full power and authority to enter into the Basic Agreements to which it is a party and to perform the transactions contemplated thereby and to carry out its obligations thereunder and by proper action has duly authorized, executed and delivered such Basic Agreements; -4- (c) The County is'not in default in the payment of the principal of or interest on any of its indebtedness for borrowed money and is not in default under any instrument under or subject to which any indebtedness for borrowed money has been incurred, and no event has occurred and is continuing that with the lapse of time or the giving of notice, or both, would constitute or result in an event of default thereunder; (d) The County is not in default under or in violation of, and the execution, delivery and compliance by the County with the terms and conditions of the Basic Agreements to which it is a party will not conflict with or constitute or result in a default under or violation of, (1) any existing law, rule or regulation applicable to the County or (2) any trust agreement, mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree or other agreement, instrument or restriction of any kind to which the County or any of its assets is subject, and no event has occurred and is continuing that with the lapse of time or the giving of notice, or both, would constitute or result in such a default or violation; (e) No further approval, consent or withholding of objection on the part of any regulatory body or any official, Federal, state or local, is required in connection with the execution or delivery of or compliance by the County with the terms and conditions of the Basic Agreements to which it is a party; and (f) There is no litigation at law or in equity or any proceeding before any governmental agency involving the County pending or, to the knowledge of the County, threatened with respect to (1) the authority of the County to execute and deliver the Basic Agreements to which it is a party, (2) the validity or enforceability of such Basic Agreements or the County's performance of its obligations thereunder, (3) the title of any officer of the County executing such Basic Agreements, or (4) the ability of the County to lease the Property and undertake the Project. -5- ARTICLE III LEASE OF PROPERTY Section 3.1. Lease of Property. The Authority demises and leases to the County and the County leases from the Authority the Property, for the term set forth in Section 4.1, for the Basic Rent and Additional Rent provided for in Section 4.2 and in accordance with the terms of this Lease Agreement. Subject to the provisions of Article VII, the County shall be entitled to the possession of the Property during the term of this Lease Agreement. THE AUTHORITY MAKES NO REPRESENTATION OR WARRANTY THAT THE COUNTY WILL HAVE QUIET AND PEACEFUL POSSESSION OF THE PROPERTY, except that the Property is free from encumbrances done, made or knowingly suffered by the Authority or anyone claiming by, through or under it. The County recognizes that since the leasing of the Property is being undertaken at the County's request, THE AUTHORITY MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE MERCHANTABILITY, CONDITION OR WORKMANSHIP OF ANY PART OF THE PROPERTY OR ITS SUITABILITY FOR THE COUNTY'S PURPOSES OR NEEDS. -6- ARTICLE IV LEASE TERM; PAYMENT OF RENTAL; MAINTENANCE; INSURANCE AND TAXES Section 4.1. Lease Term. The Lease Term shall commence on the date of execution hereof and, unless sooner terminated in accordance with the provisions hereof, shall terminate at midnight on Section 4.2. Rental Payments (a) Subject to Section 4.4, the County shall pay Basic Rent to the Authority on the dates and in the amounts that will enable the Authority to pay principal and interest on the Note, as the Note may be amended from time to time. (b) Subject to the limitation of Section 4.4, the County agrees to pay as Additional Rent (1) any expenses incurred by the Authority in connection with its obligations under this Lease Agreement and (2) all other amounts which the County agrees to pay under the terms of this Lease Agreement, but not including payments of Basic Rent. (c) The obligations of the County to make the payments of Basic Rent and Additional Rent and to perform and observe the other agreements contained herein shall be absolute and unconditional, except as provided in subsection (d) below and in Section 4.4. (d) Notwithstanding anything herein to the contrary, to the extent that the County pays in full each Annual Payment when due under the terms of the Support Agreement, the amount of such payment shall be credited in full against the corresponding obligation of the County hereunder to pay any installment of Basic Rent due hereunder. Section 4.3. Obligation Unconditional. Except as otherwise provided in this Lease Agreement, including the limitation in Section 4.4, the County shall be obligated to make all payments and to observe all other covenants, conditions and agreements under the Basic Agreements irrespective of any right of setoff, recoupment or counterclaim the County may otherwise have against the Authority. Section 4.4. Appropriations of Additional Rent. While recognizing that it is not empowered to make any binding commitment to pay Basic Rent and Additional Rent beyond the current Fiscal Year, the Board of Supervisors in authorizing the execution of this Lease Agreement has stated this Board's present intent to make annual appropriations sufficient to pay Basic Rent and Additional Rent. Notwithstanding anything in this Lease Agreement to the contrary, the County's obligations to pay the cost of performing its obligations under this Lease Agreement, including its obligations to pay all Basic Rent and Additional Rent, shall be subject to and dependent upon -7- appropriations being made from time to time by the Board of Supervisors for such purpose; provided, however, that the County Administrator or other officer charged with the responsibility for preparing the County's Annual Budget shall include in the budget for each Fiscal Year as a single appropriation the amount of all Basic Rent and Additional Rent coming due during such Fiscal Year. Throughout the term of this Lease Agreement, the County Administrator or other officer charged with the responsibility for preparing the County's Annual Budget shall deliver to the Authority promptly after the adoption of the Annual Budget for each Fiscal Year a certificate stating whether an amount equal to the estimated Basic Rent and Additional Rent that will come due during such Fiscal Year has been appropriated by the Board of Supervisors in such budget. If at any time during any such Fiscal Year the amount appropriated in the Annual Budget for the fiscal year is insufficient to pay when due Basic Rent and Additional Rent, the Board of Supervisors directs the County Administrator (or other officer charged with responsibility for preparing the Annual Budget) to submit to the Board of Supervisors, at the next scheduled meeting of the Board of Supervisors, or as promptly as practicable, but in any event within 60 days, a request for a supplemental appropriation sufficient to cover the deficit. Section 4.5. 1Net Lease. This Lease Agreement shall be deemed and construed to be a net lease, and during the Lease Term, the County shall pay Basic Rent and Additional Rent, free of all deductions, diminutions and set-offs, and without abatement for casualty, loss of title, condemnation or any other reason whatsoever except that (a) Basic Rent shall decrease as a consequent of each prepayment of Basic Rent in accordance with Sections 4.8 and 5.8. Section 4.6. Liens on Property. Except as provided in the Basic Agreements, the County shall not create, incur or grant any mortgage, pledge, security interest, lien or encumbrance other than Permitted Encumbrances on or with respect to the Property without the written consent of the Authority, which consent will not be unreasonably withheld. Section 4.7. Installation of County's Own Furnishings and Equipment. The County may from time to time, in its discretion and at its own expense, install furnishings and equipment at the Property. All furnishings and equipment so installed by the County shall remain the property of the County in which the Authority shall not have any interest and may be modified or removed at any time while the County is not in default under this Lease Agreement. Nothing contained in this Section shall prevent the County from purchasing furnishings and equipment and creating purchase money security interests therein pursuant to the Uniform Commercial Code of Virginia as security for the unpaid portion of the purchase price thereof. The County shall pay as due the purchase price of and all costs and expenses with respect to the acquisition and installation of any furnishings and equipment installed by it pursuant to this section. -8- Section 4.8. Prepayment of Basic Rent. To the extent that the County prepays any amounts due under the Support Agreement with respect to amounts payable by the Authority under the Note, the amount of such prepayments shall also be credited against the corresponding amount of Basic Rent due under this Lease Agreement. Section 4.9. Option to Purchase. Upon sixty (60) days prior written notice from the County to the Authority, and provided that there is no Event of Default, or an event which with notice or lapse of time, or both, could become an Event of Default, the County will have the fight to purchase the Property by paying to the Authority, on such date, the Basic Rent and Additional Rent then due together with the total outstanding principal amount of the Note. Upon the County's satisfaction of such purchase conditions, the Authority will transfer any and all of its fight, title and interest in the Property to the County or its assignee. -9- ARTICLE V MAINTENANCE, INSURANCE AND TAXES Section 5.1. Maintenance and Modifications by the County. It is the County's intent to transfer the Property for long-term redevelopment to private sector interests and retire the Note. Prior to such action and subject to the limitation of Section 4.4, the County shall, at its own expense, keep the Project in as reasonably safe condition as its operations shall permit and keep the Project in good repair and operating condition, making from time to time all necessary repairs, renewals and replacements. The County retains the discretion to close all or portions of the current commercial activity or discontinue existing leases or demolish all or portions of the Project in a way that furthers timely redevelopment of the Project. The Authority shall not be required to rebuild or to make any repairs, renewals or replacements of the Project of any nature whatsoever, and the County expressly waives any right it may have to make any repairs, renewals or replacements at the expense of the Authority. To the extent that any warranty exists between the builder and/or developer of the Project and the Authority, the Authority will take all reasonable action necessary to enforce the warranty. The County may, at its own expense, make any additions, modifications or improvements to the Project that it deems desirable and that further the goal of redevelopment, provided that all such additions, modifications or improvements comply with all applicable federal, state and local codes. All such renewals, replacements, additions, modifications and improvements, except the County's operating machinery and equipment shall become part of the Project. Section 5.2. Taxes, Other Governmental Charges and Utility Charges. The County shall pay, subject to Section 4.4, as the same become due, all taxes and governmental charges of any kind whatsoever lawfully assessed, levied or imposed against the Authority with respect to the Project or any machinery, equipment or other property installed or brought by the County therein or thereon. The County shall pay, subject to Section 4.4, as the same become due all utility and other charges incurred in the operation, maintenance, use and occupancy of the Project and all assessments and charges lawfully made by any governmental body for public improvements to the Project. The County may, however, after giving the Authority ten days' prior written notice of its intention to do so, at its own expense and in its own name or in the name of the Authority, contest in good faith any such tax, assessment, utility or other charge, in which event it may permit such tax or governmental charge to remain unpaid during the period of such contest and any appeal therefrom unless, in the opinion of the Authority, such action may result in any part of the Project being subject to loss or forfeiture, in which event such tax or governmental charge shall be promptly satisfied or secured by posting with appropriate court of record a bond in form and amount satisfactory to the Authority. The Authority shall cooperate with the County in the conduct, at the expense of the County, of any such contest and shall, to the extent it may lawfully do so, permit the County to conduct any such contest. -10- Section 5.3. Insurance. Subject to the limitations of section 4.4, the County shall continuously maintain insurance with respect to the Project against such risks as it customarily insures against, paying as the same become due all premiums in respect thereto, and add the property to its list of insured buildings. If all parties agree, the County may use its self insurance fund for all or a portion of such customary insurance coverage. Section 5.4. Management Contract. Subject to the limitations of Section 4.4, the County shall procure the services of a management company for the operation and management of the Project while it continues commercial activity or remains an operating retail shopping mall; provided, however, that if commercial activity is significantly reduced, with the agreement of all parties, the County may discontinue such services. Section 5.5. The County to Furnish Proof of Payment of Taxes, Etc. The County shall furnish the Authority, upon request, proof of payment of any taxes, governmental charges, utility charges, insurance premiums or other charges or payments required to be paid by the County under this Lease Agreement. Section 5.6. Advances by the Authority. If the County shall fail to make any payment or perform any act required of it hereunder, the Authority, without prior notice or demand upon the County and without waiving or releasing any obligation or default, may (but shall be under no obligation to) make such payment or perform such act. All amounts so paid by the Authority, and all costs, fees and expenses so incurred shall be payable by the County, together with interest thereon, as Additional Rent. Section 5.7. Parties to Give Notice. In case of any material damage to or destruction of any part of the Project, unless such disturbance is authorized by the County in furtherance of redevelopment, the County shall give prompt notice thereof to the Authority. In case of a taking of all or any part of the Project or any right therein under the exercise of the power of eminent domain or any loss thereof because of failure of title thereto or the commencement of any proceedings or negotiations which might result in such a taking or loss, the party upon which notice of such taking is served shall give prompt notice to the other. Each such notice shall describe generally the nature and extent of such damage, destruction, taking, loss, proceedings or negotiations. Section 5.8. Damage and Destruction. If before Basic Rent is paid all or any part of the Project is destroyed or damaged by fire or other casualty, subject to Section 4.4, the County shall promptly replace, repair, rebuild or restore the property damaged or destroyed to substantially its same condition as prior to such damage or destruction, with such alterations and additions as the County may determine and as will not impair the capacity or character of the Project for the purpose for which it is then being -11- used or is intended to be used; provided, however, that the County shall not be obligated to replace, repair, rebuild or restore if such action would not be in furtherance of prompt redevelopment of the Project. The County upon receipt of written request shall apply so much as may be necessary of the net proceeds of insurance received by it on account of any such damage or destruction to payment of the cost of such replacement, repair, rebuilding or restoration, either on completion thereof or as the work progresses unless such rebuilding or restoration would be contrary to the redevelopment plan. If such net proceeds are not sufficient to pay in full the cost of such replacement, repair, rebuilding or restoration, subject to Section 4.4, the County shall pay so much of the cost thereof as may be in excess of such net proceeds. Any balance of such net proceeds remaining after payment of the cost of such replacement, repair, rebuilding or restoration shall be paid to the County. -12- ARTICLE VI PARTICULAR COVENANTS Section 6.1. Limitation of Liability of Members, Commissioners, etc. of Authority and County. No covenant, agreement or obligation contained in this Lease Agreement shall be deemed to be a covenant, agreement or obligation of any present or future member, officer, commissioner, employee or agent of the Authority in his individual capacity, and neither the members of the Authority nor any officer thereof executing the Note shall be liable personally on such Note or be subject to any personal liability or accountability by reason of the issuance thereof. No member, commissioner, officer, employee or agent of the Authority shall incur any personal liability with respect to any action taken by him pursuant to this Lease Agreement or the Act or any of the transactions contemplated thereby provided that he acts in good faith. No covenant, agreement or obligation contained herein shall be deemed to be a covenant, agreement or obligation of any present or future Board member, officer, employee or agent of the County, in his individual capacity, and no Board member, officer, employee or agent of the County shall incur any personal liability with respect to any action taken by him pursuant to this Lease Agreement, provided that such Board member, officer, employee or agent acts in good faith. Section 6.2. Maintenance of Existence of Authority. Except for the assignment of its rights under the Support Agreement to the Bank pursuant to the Financing Agreement, the Authority agrees that it will not assign, transfer or convey its interest in the Basic Agreements or any of the revenues to be derived therefrom. The Authority further agrees that, until the Note has been paid in full, the Authority will not (a) dissolve or otherwise dispose of all or substantially all of its assets, (b) consolidate with or merge into any authority, corporation, association or other body, (c) permit any other authority, corporation, association or other body to consolidate with or merge into it, (d) act jointly with any other authority, corporation, association or other body (other than the County) with respect to the transactions contemplated by the Basic Agreements, or (e) take any action or refrain from taking any action which would (i) permit any of the foregoing to be required by operation of law or (ii) which would permit it, or require it by operation of law, to avoid its obligations under the Basic Agreements or any other agreement contemplated hereby; provided, however, that nothing contained in this Section shall prevent the consolidation of the Authority with, or the merger of the Authority into, or the transfer of the interest of the Authority in this Lease Agreement as an entirety to, any public corporation whose property and income are not subject to taxation and which has the corporate authority to carry out the transactions contemplated by the Basic Agreements, but only on the condition that (A) reasonable prior notice of such consolidation, merger or transfer is given to the County, and (B) upon any such consolidation, merger or transfer, the obligation of the Authority to perform and observe all of the agreements and conditions of the Basic Agreements shall be expressly assumed in writing by the corporation resulting from such consolidation or surviving such merger or to which the interest of the Authority in this Lease Agreement shall be transferred as an entirety. -13- ARTICLE VII EVENTS OF DEFAULT AND REMEDIES Section 7.1. Events of Default. (a) Subject to the provisions of Section 4.4, failure of the County to pay when due payments of Basic Rent due under Section 4.2(a) and continuation of such failure for a period of five days. (b) Subject to the provisions of Section 4.4, failure of the County to pay when due any payment, or to observe and perform any covenant, condition or agreement on its part to be observed or performed, which failure shall continue for a period of 30 days after notice is given, or in the case of any such default that cannot with due diligence be cured within such 30 day period but can be cured within the succeeding 60 days, failure of the County to proceed promptly to cure the same and thereafter prosecute the curing of such default with due diligence shall be an Event of Default. (c) Subject to the provisions of Section 4.4, the provisions of the foregoing subparagraph (a) are subject to the limitation that if by reason of force majeure the County is unable in whole or in part to perform any of its covenants, conditions or agreements hereunder, the County shall not be deemed in default during the continuance of such inability. The term "force majeure" as used herein shall include without limitation acts of God; strikes, lockouts or other industrial disturbances; acts of public enemies; orders of any kind of the government of the United States of America or the Commonwealth of Virginia or any political subdivision thereof or any of their departments, agencies or officials, or any civil or military authority; insurrections; hots; epidemics; landslides; earthquakes; fires; hurricanes; tornadoes; storms; floods; washouts; droughts; restraint of government and people; or civil disturbances. The County shall remedy with all reasonable dispatch the cause or causes preventing the County from carrying out its covenants, conditions and agreements, provided that the settlement of strikes, lockouts and other industrial disturbances shall be entirely within the discretion of the County, and the County shall not be required to make settlement of strikes, lockouts and other industrial disturbances by acceding to the demands of any opposing party when such course is in the judgment of the County not in its best interests. (d) Notwithstanding anything contained in this Section to the contrary, (1) failure by the County to pay when due any payment required to be made under this Lease Agreement or (2) failure by the County to observe and perform any covenant, condition or agreement on its part to be observed or performed under this Lease Agreement, either of which results from failure of the County to appropriate moneys for such purposes, as described in Section 4.4, shall not constitute an Event of Default. Section 7.2. Remedies. Whenever any Event of Default shall have happened and is continuing, the Authority may take whatever action at law or in equity may appear necessary or desirable to collect the Basic Rent and Additional Rent then due and thereafter to become due, or to enforce -14- performance and observance of any obligation, agreement or covenant of the County under this Lease Agreement. Section 7.3. Reinstatement after Event of Default. If all Basic Rent and Additional Rent shall have been made, then the County's default under this Lease Agreement shall be waived without further action by the Authority. Upon such payment and waiver, this Lease Agreement shall be fully reinstated. Section 7.4. No Remedy Exclusive. No remedy conferred by this Lease Agreement upon or reserved to the Authority is intended to be exclusive of any other available remedy or remedies, but every such remedy Shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof or acquiescence therein, but any such right and power may be exercised from time to time and as often as may be deemed expedient. Section 7.5. No Additional Waiver Implied by One Waiver. Failure by the Authority at any time to require performance by the County of any provision hereof shall in no way affect the Authority's rights hereunder to enforce the same, nor shall any waiver by the Authority of any breach of any provision hereof be held to be a waiver of any succeeding breach of any such provision, or as a waiver of the provision itself. Section 7.6. Attorneys' Fees and Other Expenses. Subject to the provisions of Section 4.4, the County shall on demand pay to the Authority the reasonable fees and expenses of attorneys and other reasonable expenses incurred in the collection of appropriated, but unpaid, Basic Rent or Additional Rent, or the enforcement of any other obligation of the County, or its agents, upon an Event of Default. -15- ARTICLE VIII TERMINATION OF LEASE Section 8.1. Right To Terminate in the Event of Non-Appropriation. If by July 15 of any year, the Board of Supervisors has failed to appropriate moneys sufficient for the payment of Annual Payments due under the Support Agreement and any other estimated payments for such Fiscal Year (which shall be credited in full against the Basic Rent and estimated Additional Rent due under this Lease Agreement for such Fiscal Year), the County Administrator shall give notice to the Authority of such failure to appropriate within five business days thereafter, and if no such appropriation has been made by July 30 of such Fiscal Year, the County and the Authority each shall have the right to terminate this Lease Agreement by giving notice of the exercise of its rights pursuant to this Section to the other party. Section 8.2. Rights upon Termination in the Event of Non-Appropriation. Upon termination of this Lease Agreement in accordance with Section 8.1, the County shall immediately surrender possession of the Property. In the event the County does not so deliver possession, the County shall be liable, but only from legally available funds, for payment of a pro-rata portion of the Basic Rent payments and Additional Rent attributable to the number of days during which the County fails to so deliver possession. Section 8.3. Reinstatement after Termination. Notwithstanding any termination of this Lease Agreement in accordance with Section 8.1, this Lease Agreement shall be fully reinstated, and the County shall be restored to the use, occupancy and possession of the Property provided that the conditions set forth in Section 7.3 are satisfied. -16- ARTICLE IX MISCELLANEOUS Section 9.1. Notices. Unless otherwise provided herein, all demands, notices, approvals, consents, requests, opinions and other communications hereunder shall be in writing and shall be deemed to have been given when delivered in person or mailed by first class registered or certified mail, postage prepaid, addressed (a) if to the County, to Lane B. Ramsey, County Administrator, 9901 Lori Road, Room 505, Chesterfield, Virginia 23832 and (b) if to the Authority, at 9401 Courthouse Road, Chesterfield, Virginia 23832 (Attn: Chairman). The County and the Authority may, by notice given hereunder, designate any further or different addresses to which subsequent demands, notices, approvals, consents, requests, opinions or other communications shall be sent or persons to whose attention the same shall be directed. Section 9.2. Severability. If any provision of this Lease Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not invalidate any other provision hereof. Section 9.3. Limited Liability of County. Notwithstanding any provision of the Basic Agreements to the contrary, the obligations of the County under the Basic Agreements are not general obligations of the County, but are limited obligations payable solely from payments of Basic Rent and Additional Rent. No officer, official, employee or agent of the County shall be personally liable on the County's obligations hereunder. The Authority shall not be liable under any circumstances for the actions of the County, as agent for the Authority, or for any actions of the County under the Basic Agreements. Section 9.4. Successors and Assigns. This Lease Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. Section 9.5. Counterparts. This Lease Agreement may be executed in any number of counterparts, each of which shall be an original, all of which together shall constitute but one and the same instrument. Section 9.6. Entire Agreement. The Basic Agreements express the entire understanding and all agreements between the parties and may not be modified except in writing signed by the parties. -17- Section 9.7. Governing Law and Exclusive Venue. This Lease Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. Any dispute relating in any way to this Lease Agreement that cannot be resolved between the parties shall be resolved in the Circuit Court of Chesterfield County and in no other forum. -18- IN WITNESS WHEREOF, the parties have caused this Lease Agreement to be duly executed and effective as of the 18th day of October, 2004, by their duly authorized representatives. INDUSTRIAL DEVELOPMENT AUTHORITy OF THE COUNTY OF CHESTERFIELD By: Chairman COUNTY OF CHESTERFIELD, VIRGINIA By: Its: -19- CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: Subiect: October 13, 2004 Item Number: 8.B.1. Nominations to the Chesterfield Emergency Planning Committee County Administrator's Comments: County Administrator: Board Action Requested: The staff requests that the Board approve the nominations listed in the attached memorandum for the Chesterfield Emergency Planning Committee. Summary of Information: The intent of the Superfund Amendment and Reauthorization Act of 1986 is for the local community to work with first responders, to create a working plan that outlines emergency response to natural disasters and hazardous materials situations, and to coordinate the Community's Right-to-Know Act. The Chesterfield Emergency Planning Committee is authorized to function under this Act. Under the existing Rules of Procedures, appointments to boards and committees are nominated at one meeting and appointed at the subsequent meeting unless the Rules of Procedures are suspended by a unanimous vote of the Board members present. Nominees are voted on in the order in which they are nominated. Preparer: Steve A. Elswick Title: Fire Chief Attachments: Yes ~ No O000~k3 Chesterfield County, Virginia Memorandum DATE: September 13, 2004 TO: The Honorable Members of the Board of Supervisors FROM: Steve A. Elswick, Chief SUBJECT: Chesterfield Emergency Planning The following individuals have resigned from the Chesterfield Emergency Planning Committee during the 2003/2004 term: Ryland Reamy, Community Group John Maloon, E. I. DuPont Beverly Hudgins, Johnson-Willis Hospital Please consider the following nominees for the 2004/2005 Chesterfield Emergency Planning Committee: Eddie Berry, Chesterfield Fire & EMS Kevin Garrett, State Police Don Rodgers, Defense Supply Center of Richmond c: file sae/bb Providing a FIRST CHOICE community through excellence in public service Meetin~l Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I October 13, 2004 Item Number: 8.B.2. Subiect: Nominations/Appointments to the Disability Services Board County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to reappoint/appoint members to serve on the Disability Services Board. Summary of Information: The purpose of the Chesterfield Disability Services Board is to provide input to County agencies on service needs and priorities of persons with physical and sensory disabilities; to 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. The Disability Services Board would like to have MS. M&=g&=et J~'zne F~elds appointed as a member At-Large of the Disability Services Board. This vacancy term is from January 1, 2003 to December 13, 2005. The Board of Supervisors concur with this appointment. 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 Board of Supervisors concurs with these appointments. Preparer: N.qozi Ukeje Attachments: [---] Yes NO Title: Human Services Specialist CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 13, 2004 Item Number: 8.B.3. Subiect: Nominations/Appointments to the Youth Services Citizen Board County Administrator's Comments: County Administrator: Board Action Requested: Nominate/appoint members to serve on the Youth Services Citizen Board. Summary of Information' The purpose of the Youth Services Citizen Board (YSCB) is to advise the Board of Supervisors regarding planning and policies affecting youth development and to provide a community forum to focus on youth issues. Dale District. Supervisor Miller recommends that the Board nominate and appoint Andre Walters, a junior at Meadowbrook High School, to the Youth Services Citizen Board for a term effective immediately through June 30, 20O5. Mr. Walters meets all eligibility requirements to fill the vacancy and has indicated his willingness to serve. Under 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. Preparer: Jana D. Carter Attachments: [---] Yes Title: Director, Youth Planning and Development No ~)00016 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 13, 2004 Item Number: 8.B.4. Subiect: Nomination and Appointment of Directors to the GRTC Transit System ("GRTC") Board of Directors and Authorization to Elect Directors at GRTC Annual Meeting County Administrator's Comments: County Administrator: Board Action Requested: 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, 2004 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 terms for David W. Mathews, Daniel K. Smith, and S. Joseph Ward, the County's current GRTC Directors, will expire on October 20, 2004, the date of the next GRTC annual shareholder'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 Preparer: Steven L. Micas Title: County Attorney 0425:66969.1 Attachments: ----[Yes No O000~L? CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 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, 2004 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 20th annual meeting and vote on behalf of the County for the GRTC Directors appointed by the Board and by City Council. 0425:66969.1 O000:tS CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: October 13, 2004 Item Number: 8.C. Subiect: Streetlight Installation Cost Approval County Administrator's Comments: County Administrator: Board Action Requested: This item requests Board approval of a new streetlight installation in the Bermuda 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 Dominion Virginia Power for each request received. When the quotations are received, staff re-examines each request and presents them at the next available regular meeting of the Board of Supervisors for consideration. Staff provides the Board with an evaluation of each request based on the following criteria: 1. Streetlights should be located at intersections; o There should be a minimum average of 600 vehicles per day (VPD) passing the requested location if it is an intersection, or 400 VPD if the requested location is not an intersection; CONTINUED NEXT PAGE Preparer: Richard M. McElfish Attachments: Yes Title: Director, Environmental Engineering No # 0000~9 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Summary of Information: (Continued) o Petitions are required and should include 75% of residents within 200 feet of the requested location and if at an intersection, a majority of those residents immediately adjacent to the intersection. Cost quotations from Dominion Virginia Power are valid for a period of 60 days. The Board, upon presentation of the cost quotation may approve, defer, or deny the expenditure of funds from available District Improvement Funds for the streetlight installation. If the expenditure is approved, staff authorizes Dominion Virginia Power to install the streetlight. A denial of a project will result in its cancellation and the District Improvement Fund will be charged the design cost shown; staff will notify the requestor of the denial. Projects cannot be deferred for more than 30 days due to quotation expiration. Quotation expiration has the same effect as a denial. BERMUDA DISTRICTs Happy Hill Road, vicinity of 16001 Cost to install streetlight: $667.03 (Design Cost: $93.93) Does not meet minimum criterion for intersection or vehicles Der day For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. 000020 STREETLIGHT REQUEST Bermuda District Request Received: September 16, 2004 Estimate Received: September 30, 2004 NAME OF REQUESTOR: Charlotte Gibbs ADDRESS: REQUESTED LOCATION: Estimate Requested: September 16, 2004 Days Estimate Outstanding: 14 16032 Happy Hill Road Colonial Heights, VA 23834 Happy Hill Drive, vicinity of 16001 Cost to install streetlight: $667.03 POLICY CRITERIA: Intersection: Vehicles Per Day: Petition: Not Qualified Not Qualified Qualified Requestor or Staff Comments: None oooo2 . Street Light Request Map October 13, 2004 _ WOODs EDGE RD N This map shows citizen requested streetlight installations in relation to existing streetlights. Existing streetlight information was obtained from the Chesterfield County Environmental Engineering Department. This map is a copyrighted product of the Chesterfield County GIS Office. Street Light Legend ~ existing light · requested light 29O 145 290 Feet 0000~.2 CHESTERFIELD COUNTY BOARD OF SUPERVISORS CONSENT AGENDA Page I of I Meetin~l Date: Subject: October 13, 2004 Item Number: 8.D.l.a. Adoption of Resolution Recognizing October 3-9, 2004, as "Fire Prevention Week" in Chesterfield County County Administrator's Comments: County Administrator: Board Action Requested: Approval of resolution for Fire Prevention Week Summary of Information: Chesterfield Fire & EMS is requesting, by consent, a resolution from the Board recognizing Fire Prevention Week as October 3-9, 2004. Preparer: Lt. Pete Hypes Attachments: Ycs Title: Community Programs Coordinator No # 0000~.3 RECOGNIZING OCTOBER 3-9, 2004, AS ~FIRE PREVENTION WEEK" WHEREAS, the 2004 Fire Prevention Week theme - ~Test Your Smoke Alarms" emphasizes the importance of working smoke alarms in homes; and WHEREAS, every 74 seconds, a home burns in the United States; and WHEREAS, approximately 4500 people die in fires each year; and WHEREAS, eight out of ten deaths in the United States occur in the home, with the majority of them occurring while people are asleep; and WHEREAS, roughly 70% of home fire deaths results from fires in homes with no smoke alarms or no working smoke alarms; and WHEREAS, a properly operating smoke alarm can detect smoke in the early stages of a fire's development, allowing for time to escape; and WHEREAS, testing smoke alarms once a month, replacing batteries when you change your clocks, unless you have alarms with ten year batteries, and replacing smoke alarms that have been in use for more than ten years will ensure proper operation of the smoke alarm, in the event of a fire; and WHEREAS, a working smoke alarm and a practiced home escape plan which includes everyone in the household knowing two ways out of each room - having an outdoor location in front of the home where everyone will meet upon exiting, and calling 9-1-1 from outside of the home will increase the chances of everyone in the home getting out safely; and WHEREAS, the members of Chesterfield Fire and EMS will check existing smoke alarms, replace batteries, or install new smoke alarms each time they enter a citizen's home. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the week of October 3-9, 2004, as ~Fire Prevention Week" and that this week commemorates the Great Chicago Fire of 1871, which killed more than 250 persons, left 100,000 homeless and destroyed more than 17,400 buildings. AND, BE IT FURTHER RESOLVED, that the Board of Supervisors calls upon the people of Chesterfield County to participate in fire prevention activities at home, work, and school and to ~Test Your Smoke Alarms" to ensure their safety and the safety of their families in the event of a fire. 000024 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 13, 2004 Item Number: 8.D.l.b. Subiect: Recognizing October 13, 2004, as "SAVE Day" in Chesterfield County County Administrator's Comments: County Administrator: Board Action Requested: Adopt the attached resolution. Summary of Information: The Richmond Academy of Medicine Alliance, the Board adopt the attached resolution. Incorporated has requested that Preparer: Lisa H. Elko Attachments: Yes ~ No Title: Clerk to the Board [(~00025 RECOGNIZING OCTOBER 13, 2004, AS "SAVE DAY" IN CHESTERFIELD COUNTY WHEREAS, violence is among the America, and has replaced disease as children; and leading causes of death in the number one killer of 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; youth gang and peer-related violence; family violence; street violence; and media violence; 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 Day, during which time alliances of physicians' spouses across the country will join efforts with the American Medical Association to Stop America's Violence Everywhere (SAVE); and WHEREAS, in a local effort to address this critical issue, the Richmond Academy of Medicine Alliance has joined with YWCA, and other organizations in memorializing persons in the metropolitan areas who have lost their lives because of domestic abuse; and WHEREAS, the Richmond Academy of Medicine Alliance has also sponsored a project to distribute rape crisis packages to hospital emergency rooms for victims of rape. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 13th day of October 2004, recognizes October 13, 2004, as "SAVE Day" in Chesterfield County. 000026 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 13, 2004 Item Number: 8.D.1.c. Subject: Resolution Supporting Federal Emergency Management Agency Funding the Restoration and Repair of the Old Stone Bridge at Falling Creek and Route 1 County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to approve the attached resolution. Summary of Information' A substantial portion of the Historic Stone Bridge (1823) at Falling Creek/Route 1 was destroyed by Hurricane Gaston. County officials have been in contact with FEMA and determined that this historic structure is eligible for federal assistance. The attached resolution officially requests that FEMA consider funding restoration/repairs through VDOT. Preparer: Bradford S. Hammer Title: Deputy County Administrator Attachments: Ycs -~No # 00002'7 Resolution Supporting Federal Emergency Management Agency Funding the Restoration and Repair of the Old Stone Bridge at Falling Creek and Route 1 WHEREAS, the Historic Stone Bridge on Jefferson Davis Highway, that was completed in 1828, was significantly damaged during tropical storm GASTON on August 30, 2004; and WHEREAS, Chesterfield County appreciates the historic significance of this structure to the community as the only remaining major visible evidence of one of Virginia's earliest toll roads; and WHEREAS, the Virginia Department of Transportation (VDOT) maintains the bridge as a historic site; and WHEREAS, Chesterfield County recognizes the hazardous safety issues due to the damage to the bridge; and the tradition of useful pleasure to its citizens provided by this once beautiful bridge; and WHEREAS, the federal government, through FEMA, has allocated funds for the purpose of assisting in the rebuilding of historic structures damaged by tropical storm GASTON. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recommends to and supports the efforts of V-DOT to apply for funds from FEMA necessary to repair the Historic Stone Bridge on Jefferson Davis Highway. O000Z$ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~ Date: October 13, 2004 Item Number: 8.D.2. Subiect: State Road Acceptance County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Clover Hill: Whitestone, Section 5 Preparer: Richard M. McEIfish Title: Director, Environmental Engineering Attachments: Yes No TO: Board of Supervisors FROM: Department of Environmental Engineering SUBJECT: State Road Acceptance - WHITESTONE, SEC 5 DISTRICT: CLOVER HILL MEETING DATE: 13 October 2004 ROADS FOR CONSIDERATION: TRICKLING CREEK RD Vicinity Map: WHITESTONE, SEC 5 Produced By Chesterfield County GIS 000030 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 3 Meetin~l Date: October 13, 2004 Item Number: 8.D.3. Subject: FY2005 School Board Capital Improvement Plan - Reserve for School Capital Improvements County Administrator's Comments: County Administrator: Board Action Requested: The School Board requests the Board of Supervisors to transfer the FY2005 Reserve for School Capital Improvements to the School Capital Improvements Fund (CIP) in the amount of $7,643,000. Summary of Information: The FY2005 School Capital Improvement Program totals $22,154,200. Of this amount, $14,511,200 was appropriated by the Board of Supervisors on April 14, 2004 as part of the approved budget. The remaining $7,643,000 is funded through the Reserve for School Capital Improvements (CIP Reserve) and requires a request for transfer from the School Board to the Board of Supervisors. For FY2005, an estimated $11,906,400 in General Obligation bonds, and $2,604,800 of proffered funds are planned for the following projects: New Elementary 360 West - $2,500,000; New Elementary Bermuda - $2,500,000; New Middle School-Clover Hill - $3,500,000; New Middle School - Bermuda - $3,500,000; and, replacement and/or repair of major systems at various schools (major maintenance) - $1,511,200. Preparer: Billy K. Cannada¥, Jr., Ed.D. Title: Superintendent Attachments: Yes [~ No OOO031 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 A request for transfer of the CIP Reserve is required prior to these funds being available for use. It is anticipated that $3,250,000 will be expended this year to continue to move towards a four-year replacement cycle for all computers and servers throughout the system. In addition, $2,544,200 is to be used for the technology master plan. An additional $360,000 will be used to purchase additional computers for the new Matoaca High School as the third and final year of the phase-in schedule. The remaining $1,488,800 of CIP Reserve will be used for major maintenance to include roof replacements, replacing carpet with tile in various schools, HVAC upgrades, window and door replacements. In addition to the above-mentioned funding sources, estimated interest earnings of $275,000 have been appropriated to help offset the first interest payment on the February 2004 VPSA bond debt. Other funds appropriated for FY2005 in this area include school construction management charges totaling $468,000. 000032 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Meeting Date: October 13, 2004 Budget and Manaqement Comments: This item requests the Board transfer the FY2005 adopted school reserve for capital projects in the amount of $7,643,000 from the reserve to the School capital projects fund. Approximately $3.2 million of the school's capital projects reserve will be used to replace computer equipment in all of the standards of learning computer labs at elementary and middle schools throughout the system and approximately $2.5 million will be used for a technology master plan. An additional $360,000 will be used to purchase additional computers at the new Matoaca High School. The remaining $1.5 million will be used for major maintenance to include roof replacements, carpet and tile replacement at various schools, HVAC upgrades, and window and door replacements. Subsequent to this transfer, the balance in the Schools capital projects reserve will be $30,887. Preparer: Rebecca T. Dickson Title: Director, Budget and Management 000033 VIRGINIA: At a regular meeting of the Chesterfield County School Board held Tuesday evening, August 24, 2004, at seven-thirty o'clock in the County meeting room at the Chesterfield County Courthouse Complex PRESENT: James A. Schroeder, Chairman Marshall W. Trammell, Jr., Vice-Chairman Elizabeth B. Davis Thomas J. Doland Dianne E. Pettitt RESOLUTION WHEREAS funds for the Reserve for School Capital Improvements have been programmed for the replacement of obsolete computers, and major maintenance needs in FY2005; and, WHEREAS those funds have been identified in the approved FY2005 County Annual Financial Plan; and, WHEREAS the procurement process requires that the funds be available before contracts can be awarded; NOW THEREFORE BE IT RESOLVED, that on motion of Mrs. Davis , seconded by Mrs. Pettitt , the School Board does hereby request that the Board of Supervisors transfer $7,643,000 of appropriation from the Reserve for School Capital Improvements to the School Capital Improvement fund in order to fund planned School CIP expenditures. Carol Timpano, Clerk to the School Board Billy K. Cannaday, Jr.~d-;D., Superintendent 000034 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: October 13, 2004 Item Number: 8.D.4. Subiect: Award of Multiple Physician Services Contracts for Physicals and Drug/Alcohol Testing for Various County and School Departments to COSHA, John Randolph/Retreat, Primary Health Group and Occuhealth Alliance County Administrator's Comments: ~/~~~ ~~ County Administrator: Board Action Requested: Authorize the County Administrator to execute four separate requirements contracts for physician services to provide physicals and drug/alcohol testing for various county and school departments with COSHA, John Randolph/Retreat Hospitals Joint Venture, Primary Health Group and Occuhealth Alliance. Summary of Information: These four firms were chosen out of six responses to the county's request for proposals for a requirements contract for physician services for basic physicals, drug test collections, and breath alcohol tests for various county and school departments. These services include but are not limited to providing school bus driver and perspective bus driver applicant basic physicals; Sheriff Deputy pre-employment physicals; Volunteer Firefighter pre-acceptance physicals; Police Department pre-employment physicals; County pre-employment drug testing for all full-time, part-time safety sensitive positions, and positions covered by DOT regulations; and random drug and alcohol testing. It is expected that the services rendered under these contracts shall cost approximately $120,000 annually, therefore, Board of Supervisors approval is required. Preparer: Karla J. Gerner Title: Director, HRM Attachments: '-~ Yes No #00OO35 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: October 13, 2004 Budget and Management Comments: This agenda item requests that the Board award multiple physician services contracts for physicals and drug and alcohol testing for various county and school departments. These contracts will replace a series of prior contracts that have expired. The new contracts are renewable annually for a total of five years and will cost approximately $120,000 each year. There is sufficient funding within the appropriate county and school department budgets to cover the cost of the contracts. Preparer: Rebecca T. Dickson Title: Director, Budget and Management 000036 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 3 Meetin~l Date: October 13, 2004 Item Number: 8.D.5. Subiect: Authorization of Change Orders and Transfer of Funds for the Meadowville Technology Park L2 Industrial Access Project County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to authorize the County Administrator to execute change orders up to $200,000 for the Meadowville Technology Park L2 Industrial Access project and transfer $70,000 from the Industrial Access Account to the project. Summaryoflnformation: On June 23, 2004, the Board awarded the construction contract for the Meadowville Technology Park L2 Industrial Access project. The County is managing the project under the customary VDOT/County industrial access project agreement. Underground springs and unsuitable material have been encountered on the project requiring areas to be undercut. The current estimated cost to address these conditions is approximately $100,000. As a result of the hurricanes, the project will take longer to complete than originally anticipated. This will cause the inspection costs to exceed the initial budget by approximately $15,000. Change orders will need to be executed to cover these costs. The undercut, backfill and increased inspection costs will nearly exhaust the project contingency. Additional funds should be transferred to the project from the Industrial Access Account to replenish the project contingency and the Administrator should be authorized to execute change orders, if required, up to $200,000 in order to complete the project. Preparer: R.J. McCracken Agen575 Attachments: Yes --']No Title: Director of Transportation # 00003'7 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 Recommendation: Staff recommends the Board: 1) Authorize the County Administrator to execute change orders for the Meadowville Technology Park L2 Industrial Access project up to $200,000, and 2) Transfer $70,000 from the Industrial Access Account to the project. District: Bermuda 000038 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Meeting Date: October 13, 2004 Budget and Manaqement Comments: This request involves authorization of change orders not to exceed $200,000 for the Meadowville Technology Park L2 Industrial Access Project. These changes are due to unsuitable soils, increased inspection costs, and extension of the project completion date. The project budget has a contingency allocation of $132,600. With the transfer of $70,000 from funds available in the Industrial Access account, these change orders will be sufficiently covered. Sufficient funding is available in the Industrial Access account to transfer. Preparer: Rebecca T. Dickson Title: Director, Budget and Management 000039 Meadowville Technology Park L2 Industrial Access Project Budget ACCESS ROAD ESTIMATED COST Preliminary Engineering $73,400 Utility Adjustments $27,623 Access Road Construction $932,235 Water and Sanitary Sewer Lines * $393,767 Construction Contingency $132,600 Construction Administration and Inspection $50,000 Mitigation $0 Capital Investment Surety Cost $30,000 Capital Investment Surety $450,000 Construction Contingency Supplement $70,000 Total $2,159,625 REVENUE ACCESS ROAD VDOT Unmatched 2/27/02 $300,000 VDOT Match 2/27/02 $150,000 County Match (IAF) 2/27/02 $150,000 County Unmatched 2/27/02 $320,000 County Capital Investment Surety Cost OAF) 2/27/02 $30,000 Utility Inducement Funds * $393,767 Additional County Unmatched 6/23/04 $295,858 Capital Investment Surety 2/27/02 $450,000 Contingency Supplement (Proposed 10/13/04) $70,000 Total $2,159,625 * Ineligible Items ATTACHMENT A O00O4O MEADOWVILLE TECHNOLOGY PARK L2 INDUSTRIAL ACCESS PROJECT MIEADOWVILL ROAD MEADOWVILLE TECHNOLOGY PARK L2 INDUSTRIAL ACCESS PROJECT 0.5 0 0.5 I Miles N S 6~7~04 00004:1. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 13, 2004 Item Number: 8.D.6.a. Subiect: Request Permission to Install a Private Water Service Within a Private Easement to Serve Property at 3920 Gill Street County Administrator's Comments: ~/~~c~ ~'~c~ County Administrator: Board Action Requested: Grant James Vernon Daniels permission to install a private water service within a private easement and authorize the County Administrator to execute the water connection agreement. Summary of Information: James Vernon Daniels has requested permission to install a private water service within a private easement to serve property at 3920 Gill Street. This request has been reviewed by staff and approval is recommended. District: Bermuda Preparer: John W. Harmon Title: Right of Way Manager Attachments: Ycs -]No 000042 VICINITY SKETCH REQUEST PERMISSI ON TO INSTALL A PRIVATE WATER SERVI CE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY AT 3920 GILL STREET / HOUSE ~,G F--- WOODS L~ Chesterfield County' Department of Utilities 000043 EASEMENT TABLE UNE LENG'I~ BEARING E1 10.00 $ 49'22'54' [2 20.oo ~; 40'57'26' E,t 10.00 N 4.9'22'54' E4 20.00 N 4.0~J7'26' LOT 28 REFERENCE: VILLAGE OF CHESTER P.B. 1, PG. 511 P.B. 2, PO 3~ P.B. 5, PG. 116 LOT27 COUR~EY~ O.B. 2329, PO. 1572 C-PIN: 790654975500000 COURTNEY WELLS D.B. 232g, PG. 1372 GPIN: 790654.975500000 3654.647.28 Man 1179115,t.87--, 85 JAMES ~RNON DANIELS W.B. 261, Pg. 448 D.B. 1874., PG. 1591 GPIN: 7go65499410000~ P/L 49'22'54.' W JAMES VERNON DANIELS W.B. 261, PG. 448 D.B. 187~., PG. 1591 ~°IN: 791654115400000 10.00 N._ _ N ~654025.59 Au U~E 11791128.4.~k EASE]dENT 100.00' S 49'22'54' E 110,00' WINFREE STREET STATE ROUTE 1515 40' R/W PLA T SHOW/NO A 10' x 20' PUBLIC WA TLR LINE EASEMENT AND A 10' PRIVATE WA TLR LINE EASEMENT ACR088 LOT 21, BLOCK B2 ON THE PLAN OF THE VILLAGE OF CHE87'ER BERMUDA DISTRICT ,: CHESTERFIELD COUNTY;, VIRGINIA ~~ ~/~~ ~ PROJECT NO.: 2004-0418 0 40 80 Virginia Surveys SCALE I~ FEET P.O. BOX 118 REVISED: 9-29-04 CHESTERFIELD, VA 23832 DATE: 9--23--04 (804) 748--9481 1"=40' COPYRIGHT Q VIRGINIA SURVEYS GERllFIED BY JEFFREY K. FLOYD SCALE: All rights reserved. VIRGINIA CERTIRCAE NO. 001905 ~Oe NO. 04097396 00004, CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 13, 2004 Item Number: 8.D.6.b. Subiect: Request Permission for a Gravel Driveway to Encroach Within a Fifty-Foot Unimproved Right of Way Known as Sunset Boulevard County Administrator: Board Action Requested: Grant Jefferson L. Hamilton and Jessica K. Hamilton, permission for a gravel driveway to encroach within a 50' unimproved right of way known as Sunset Boulevard, subject to the execution of a license agreement. Summary of Information: Jefferson L. Hamilton and Jessica K. Hamilton have requested permission for a gravel driveway to encroach within a 50' unimproved right of way known as Sunset Boulevard. This request has been reviewed by staff and approval is recommended. District: Bermuda Preparer: John W. Harmon Title: Right of Way Manager Attachments: ----]No 000045 VICINITY SKETCH REQUEST PERMISSION FOR A GRAVEL DRIVEWAY TO ENCROACH WITHIN A FIFTY FOOT UNIMPROVED RIGHT OF WAY KNOWN AS SUNSET BOULEVARD 8UNCGET 8L VD LA/ ~ Chesterfield County Department of Utilities 1 lick eqlal~ I16JE;? Bet 000046 'D~:s4.o,n~.c. ~,-o,m po,n-I- A--I-~ po,,,,,+ 8 N ,'7 iI I II o4.AAlo z. ~q -1' 00004? CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 13, 2004 Item Number: 8.D.6.c. Subiect: Request Permission for a Proposed Deck to Encroach Within an Eight-Foot Easement Across Lot 13, Meadowbrook Farm, Section F County Administrator's Comments: //~~~ County Administrator: BoardAction Requested: Grant Kin Yan Wong and Rong Sheng Huang, permission for a proposed deck to encroach within an 8' easement across Lot 13, Meadowbrook Farm, Section F, subject to the execution of a license agreement. Summary of Information: Kin Yan Wong and Rong Sheng Huang have requested permission for a proposed deck to encroach within an 8' easement across Lot 13, Meadowbrook Farm, Section F. This request has been reviewed by staff and approval is recommended. District: Dale Preparer: John W. Harmon Title: Right of way Manager Attachments: Yes [-~No 000048 VICINITY SKETCH RI=QUEST PERMISSION FOR A PROPOSED DECK TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT ACROSS LOT 13, MEADOWBROOK FARM, SECTION F el w Chesterfield County Department of Utilities I IlOJ e(Jlal~ 000049 ,' / ,~/c7,,~ I ',LICENSED AREA 000050 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 13, 2004 Item Number: 8.D.6.d. Subiect: Request Permission for a Proposed Concrete Sidewalk to Encroach Within a Sixteen-Foot Sewer Easement Across the Property of CMA Properties, Incorporated County Administrator's Comments: //~~ /<~~~J? County Administrator: Board Action Requested: Grant CMA Properties, Inc., permission for a proposed concrete sidewalk to encroach within a 16' sewer easement across its property, subject to the execution of a license agreement. Summary of Information: CMA Properties, Inc. has requested permission for a proposed concrete sidewalk to encroach within a 16' sewer easement across its property. This request has been reviewed by staff and approval is recommended. District: Bermuda Preparer: John W. Harmon Title: Right of Way Manager Attachments: -~No 600051 VICINITY SKETCH REQUEST PERMISSION FOR A PROPOSED CONCRETE SI DEWALK TO ENCROACH WITHIN A SIXTEEN-FOOT SEWER EASEMENT ACROSS PROPERTY EXIT 58 el W Chesterfield Coun~ Department of Utilities I Iici eqlal~ 62~ feet 000052 ~III CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: Subiect: October 13, 2004 County Administrator's Comments: Item Number: 8.D.6.e. Request Permission for a Proposed Fence to Encroach Within a Sixteen-Foot Drainage Easement Across Lot 18, Block A, Wrexham Estates, Phase I County Administrator: BoardAction Reques~d: Grant Edith A. Gavis, permission for a proposed fence to encroach within a 16' drainage easement across Lot 18, Block A, Wrexham Estates, Phase I, subject to the execution of a license agreement. Summary of Information: Edith A. Gavis has requested permission for a proposed fence to encroach within a 16' drainage easement across Lot 18, Block A, Wrexham Estates, Phase I. This request has been reviewed by staff and approval is recommended. District: Matoaca Preparer: John W. Harmon Title: Riqht of Way Manager Attachments: Ycs ]No #O000.q4 VICINITY SKETCH REQUEST PERMISSI ON FOR A PROPOSED FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 18, BLOCK A, WREXHAM ESTATES, PHASE I CT - YARD RD N © t 1. EVERGREEN4 :ORPL 2. PINTAIL LANDING PL 3, AUTUMN LANDING CT 4. BENT TREE PL 5. BEL ARBOR DR 6. MAPLE LANDING PL 7. ARBOR HIGHLANDS TER 8. CEDAR LANDING TER RD SP RIN GWOOD TER o ME PL z w Chesterfield County' Department of Utilities 0000S5 OF A TITLE NE~I' ~0 THEa~FOI~E OOE~ NOT 8A~ILV INOIOAT~ ALL EN~M~NC~ ~ THE ~O~R~. Field Suwey of the premises s~n her~n; Ihal all imp;~menls a~ easements kn~n FRANK F. '~ ,h~n her~n; thai there are ~ encfoachmenls by imp~emenis either from adjoining prem*ses ot POTT~ ~. '~ Imm su~ecl premises u~n adj~ni~ premises, other Ihan as s~n hereon. WAYNE K. ~Y . ~ , NO. isa3 ~ POTTS, MINTER AND ASSOCIATES, P.C. LAND PLANNERS ~ale- 1'- 3520 S. Coudhouse Ro~ Suile B Richmond. Vi;ginia 23236 J.N. ~ CHESTERFIELD COUNTY BOARD OFSUPERVlSORS AGENDA Page I of I Meetin~l Date: October 13, 2004 Item Number: 8.D.6.f. Subiect: Request Permission to Install a Private Sewer Service Within the Sherbourne Road Right of Way to Serve Property at 2620 Sherbourne Road County Administrator: Board Action Requested: Grant Interfaith Housing Corporation, permission to install a private sewer service within the Sherbourne Road right of way subject to receipt of a Virginia Department of Transportation permit and authorize the County Administrator to execute the sewer connection agreement. Summary of Information: Interfaith Housing Corporation has requested permission from Virginia Department of Transportation to install a private sewer service within the right of way of Sherbourne Road to serve its property at 2620 Sherbourne Road. This request has been reviewed by staff and approval is recommended. District: Bermuda Preparer: John W. Harmon Title: Right of Way Manager Attachments: '~No VICINITY SKETCH REQUEST PERMISSION TO INSTALL A PRIVATI= SI:WER SI=RVlC:I: WITHIN THI: SHI:RBOURNI= ROAD RIGHT OF WAY TO SERVE PROPERTY AT 2620 SHERBOURNE ROAD ~' BENSL~'¥ o o SHERBO RD ~ RD SLOAN CT HILl.. ABERDEEN RD W Chesterfield County Department of Utilities O000.~S CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 13, 2004 Item Number: 8.D.6.g. Subiect: Request Permission for a Proposed Screened Porch to Encroach Within a Sixteen-Foot Drainage Easement Across Lot 13, Birkdale, Section 1 County Administrator: Board Action Requested: Grant Renee Marten, permission for a screened porch to encroach within a sixteen-foot drainage easement across Lot 13, Birkdale, Section 1, subject to the execution of a license agreement. Summary of Information: Renee Marten has requested permission for a screened porch to encroach within a sixteen-foot drainage easement across Lot 13, Birkdale, Section 1. This request has been reviewed by staff and approval is recommended. District: Matoaca Preparer: John W. Harmon Attachments: Ycs --[No Title: Right of Way Manaqer # OOO0.q9 VICINITY SKETCH REQUEST PERMISSI ON FOR A PROPOSED SCREENED PORCH TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 13, BIRKDALE, SECTION 1 7ROPHYBUcK C7 ?L. Chesterfield County Department of Utilities 000060 G Pi N: 7~5668 0 322 0000 0 LICENSED 28.3' 14 AREA 49°23'02" E ---- 149.31' 134.34~ "m 13 TWO STORY' VINYL SIDING No. 14.336 ~5°-a~'~o t~ OPEN SPACE ~_ az) sine 8 4.94' "'"'-- S 50°12'00" W OLD FND without the benefit o! necellarlly lndlo~te all enoumbranoea on the property PLAT SHOWING I'MPROR~MENTS ON LOT 13, PLAN OF "BIRI<CALE " · I~ · , IN THE MATOACA DISTRICT CT' CHi~'IEI""""""'~RE~ CC~NTY, VIRGINIA. This is Io cerllfy Ihal on f:'F._J~.JAi~Y 5, 2.002 I mede an accurate Field Survey of the premises shown hereon; Ihat &Il improvemenle end easements known or visible ere shown hereon; Ihet Ihere ere no encroschmenl$ by improvements eilher from adjoining premiss or Irom eubjecl premises upon edjolning premises, olher Ihan ae shown hereon. POTTS, MINTER AND 'ASSOCIATES, P.C. ENGINEERS, LAND SURVEYORS LAND PLANNERS 3520 Courthouse Road Richmond, Virginia 23238 De,e: 2 / 5/02 Scale: r'- 2 5 ' CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 13, 2004 Item Number: 8.D.6.h. Subiect: Request Permission for a Proposed Deck to Encroach Within a Sixteen-Foot Sanitary Sewer Easement Across Lot 46, Krim Point at the Grove, Section 1 County Administrator: BoardAction Reques~d: Grant Carmen C. Reilly, permission for a proposed deck to encroach within a 16' sanitary sewer easement across Lot 46, Krim Point at the Grove, Section 1, subject to the execution of a license agreement. Summary of Information: Carmen C. Reilly has requested permission for a proposed deck to encroach within a 16' sanitary sewer easement across Lot 46, Krim Point at the Grove, Section 1. This request has been reviewed by staff and approval is recommended. District: Midlothian Preparer: John W. Harmon Title: Ri,qht of Way Manaqer Attachments: ]No 0000~;2 VICINITY SKETCH REQUEST PERMISSION FOR A PROPOSED DECK TO ENCROACH WITHIN A SIXTEEN-FOOT SANITARY SEWER EASEMENT ACROSS LOT 46, KRIM POINT AT THE GROVE, SECTION 1 N WOOL ,.% cASTLEWAy RD¥~O WOO W Chesterfield County Department of Utilities 000063 Thl~ proIMl'ty dO~l not IW~ to 3J~ ~JthJn 4 delJ~at~ F.E.N,A. fJ~d ~ eff~t~ve ~ LICENSED AREA .r~ROVENc"lfT SURVEY CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: Subiect: October 13, 2004 County Administrator's Comments: Item Number: 8.D.6.i. Request Permission for a Proposed Fence to Encroach Within an Eight-Foot Easement and a Sixteen-Foot Drainage Easement Across Lot 6, Edgewater at the Reservoir, Section 7 County Administrator: Board Action Requested: Grant Robert P. Watson and Gloria H. Watson, permission for a proposed fence to encroach within an 8' easement and a 16' drainage easement across Lot 6, Edgewater at the Reservoir, Section 7, subject to the execution of a license agreement. Summary of Information: Robert P. Watson and Gloria H. Watson have requested permission for a proposed fence to encroach within an 8' easement and a 16' drainage easement across Lot 6, Edgewater at the Reservoir, Section 7. This request has been reviewed by staff and approval is recommended. District: Hatoaca Preparer: John W. Harmon Title: Riqht of Way Manaqer Attachments: ¥C$ ----]No ~)000~;5 VICINITY SKETCH REQUEST PERMISSION FOR A PROPOSED FENCE TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT AND A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 6, EDGEWATER AT THE RESERVOIR, SECTI ON 7 SNOR~'WO, sHoREWOOD PL ILBOAT · OUNTAIN Vf6j.,V DR ~ ,,~ ER DR ~ RS W,r",.Y LN :> O o I,, Chesterfield County Department of Utilities 000067 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 13, 2004 Item Number: 8.D.7. Subiect: Conveyance of an Easement to Virginia Electric and Power Company County Administrator's Comments= //~d~ ~~ J //~~ County Administrator: Board Action Requested: Authorize the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company for underground cable to serve the Meadowville Water Tank. Summary of Information: Staff recommends that the Board of Supervisors authorize the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company for underground cable to serve the Meadowville Water Tank. District: Bermuda Preparer: John W. Harmon Title: Right of Way Manaqer Attachments: Ycs ['~No O000~;S VICINITY SKETCH CONVEYANCE OF AN EASEMENT TO VIRGINIA ELECTRIC AND POWER COMPANY RD EXIT 15 N DR / 000069 Chesterfield County Department of Utilities I licl 0 0 0 0 CD cDC'4 OOO0?O CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: October 13, 2004 Item Number: 8.D.8. Subiect: Award of Construction Contract for County Project #02-0086, Chesdin Road Pump Station Renovations County Administrator's Comments: /'~~c~ //~~ County Administrator: Board Action Requested: The Board of Supervisors is requested to award the construction contract to East Coast Utility Contractors, Ltd., in the amount of $1,174,000.00 and authorize the County Administrator to execute the necessary documents. Summary of Information: This project consists of the replacement of two existing water pumps with three larger capacity pumps, modification of associated piping, valves and instrumentation, installation of new electrical equipment and replacement of the emergency power generator. Staff received four (4) bids ranging from $1,174,000 to $1,321,421. The lowest bid, in the amount of $1,174,000, was submitted by East Coast Utilities Contractor, Ltd. The County's engineering consultant, R. Stuart Royer & Associates, has evaluated the bids and recommends award of the contract to the low bidder. Funds are available in the current CIP. District: Matoaca Preparer: Roy E. Covington Title: Assistant Director Attachments: Yes No 0000'7~. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: October 13, 2004 Budget and Manaqement Comments: This agenda item requests that the Board award a construction contract in the amount of $1,174,000 to East Coast Utility Contractors, Ltd. for renovations at the Chesdin Road Pump Station. Sufficient funding is available in the Utility CIP to award the contract. Preparer: Rebecca T. Dickson Title: Director, Budget and Manaqement 000072 CH ESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meetin~l Date: October 13, 2004 Item Number: 8.D.9.a. Subiect: Request to Quitclaim a Portion of a Sixteen-Foot Water Easement Across the Property of Evans Research, LLC CountyAdministrator'sComments: //~F_~~~J County Administrator: Board Action Requested: Authorize the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a 16' water easement across the property of Evans Research, LLC. Summary of Information: Evans Research, LLC has requested the quitclaim of a portion of a water easement across its property as shown on the attached plat. Staff has reviewed the request and approval is recommended. District: Clover Hill Preparer: John W. Harmon Title: Riqht of Way Manaqer Attachments: Ycs No 000073 VICINITY SKETCH RI=QUEST TO QUITCLAIM A PORTION OF A SIXTEEN-FOOT WATER I=ASI=MENT ACROSS THE PROPERTY OF EVANS RI=SI=ARCH, LLC KOGER CENTER, BLVO .RD CT ~,t,I. TER.NAT[ONAL DR SOUT~LAK6~V~ el Chesterfield County Department of Utilities I licl t,:lla b ~Ot~et 000074 11 II II II II II II II II 0 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meetin~l Date: October 13, 2004 Item Number: 8.D.9.b. Subject: Request to Quitclaim a Portion of a Sixteen-Foot Water Easement Across the Property of First Market Bank, FSB County Administrator's Comments: ~/~~(~.J County Administrator: Board Action Requested: Authorize the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a 16' water easement across the property of First Market Bank, FSB. Summary of Information: First Market Bank, FSB has requested the quitclaim of a portion of a water easement across its property as shown on the attached plat. Staff has reviewed the request and approval is recommended. District: Clover Hill Preparer: John W. Harmon Title: Right of Way Manager Attachments: Ycs No OOOO?6 VICINITY SKETCH REQUEST TO QUITCLAIM A PORTION OF A SIXTEEN-FOOT WATER EASEMENT ACROSS THE PROPERTY OF FIRST MARKET BANK, FSB OGER CENTER BLVD CT tNTERNAT~oNAL OR BUSiNgS'~ soUTHLAK68LV~ W Chesterfield Coun~ Department of Utilities 0000'~7 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: October 13, 2004 Item Number: 8.D.10. Subiect: Authorization to Execute the Special Project Service Agreement Between Central Virginia Waste Management Authority and Chesterfield County Regarding the Used Electronic Equipment Recycling Program County Administrator's Comments: County Administrator: Board Action Requested: Authorize the County Administrator to execute this Special Project Service Agreement between Central Virginia Waste Management Authority and Chesterfield County regarding the Used Electronic Equipment Recycling Program. Summary of Information: Central Virginia Waste Management Authority has signed a contract with Sims Group USA, to stage periodic eCycling events throughout the region at sites designated by the CVWMA member jurisdictions that participate in the program. The term of the agreement is for a two-year period commencing on or about November 1, 2004 and extending through October 31, 2006. The contract provides for a two-year renewal option. The service agreement provides for the locality that hosts an event to pay a $400 staging fee. The only other expense that a locality will incur for an event that it hosts is whatever that locality chooses to contribute to the promotion of the event. Any fees for recycling monitors and TVs will be paid directly to the contractor by the recycler. Ail events will be open to all residents in the CVWMA region regardless of where the event is held. County Attorney's office has reviewed the agreement and staff recommends approval. Preparer: Francis M. Pitaro Title: Director of General Services Attachments: Yes [~ No 000079 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: October 13, 2004 Budget and Management Comments: This request involves the approval of a service agreement with CVWMA for an electronic equipment(TV's, computer monitors, etc.) recycling program. The only cost involved will be the $400 fee that covers the charge for holding a recycling event in the County. It is anticipated that the County will only need to hold one event per calendar year. The cost for recycling these items would be paid directly to the contractor by the recycler. Preparer: Rebecca T. Dickson Title: Director, Budget and Management 000050 SPECIAL PROJECT SERVICE AGREEMENT FOR COLLECTING, TRANSPORTING, AND PROCESSING USED ELECTRONIC EQUIPMENT SERVICES This SPECIAL PROJECT SERVICE AGREEMENT (hereinafter "Service Agreement) is made by and between the CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY (hereinafter "CVWMA" or "Authority"), its successors and assigns, having its principal place of business at 2104 West Laburnum Avenue, Suite 105, Richmond, Virginia 23227; and (if executed on the appropriate page 10 - signature - end page of this agreement). COUNTY OF CHARLES CITY (CCC), COUNTY OF CHESTERFIELD (CHE), COUNTY OF GOOCHLAND (GCH), COUNTY OF HANOVER (HAN), COUNTY OF HENRICO (HEN), COUNTY OF NEW KENT (NKT), COUNTY OF POWHATAN (POW), COUNTY OF PRINCE GEORGE (PRG), CITY OF COLONIAL HEIGHTS (COL), CITY OF HOPEWELL (HOP), CITY OF PETERSBURG (PET), and CITY OF RICHMOND (RIC) (hereinafter, collectively, "Participating Local Jurisdictions"). ARTICLE I - PURPOSE The parties have entered into this Service Agreement pursuant to the authority of the Virginia Water and Waste Authorities Act (Title 15.2, Chapter 51 of the Code of Virginia, 1950 as amended), and the Articles of Incorporation of the CVVVMA. Its purpose is to establish a special project for Used Electronic Equipment Recycling Services within the Participating Local Jurisdictions as authorized by Section 11 of the Articles. The Participating Local Jurisdictions agree to participate in this special project according to the terms and conditions of this Service Agreement. The Participating Local Jurisdictions further agree that this Service Agreement shall take effect in each Participating Locality upon execution and return of a signed copy of this Service Agreement to the CVWMA. The parties agree that the CVWMA will implement this special project through a private vendor contract, based upon a Request for Proposals (RFP) 04-25 issued by the CVWMA on June 18, 2004, as reflected in Service Contract entered into between the CVWMA and the Contractor, Sims Group USA. SPECIAL PROJECT SERVICE AGREEMENT FOR COLLECTING, TRANSPORTING AND PROCESSING USED ELECTRONIC EQUIPMENT SERVICES I 000081 ARTICLE II - DEFINITIONS For the purpose of this Service Agreement, the definitions contained in this section shall apply unless otherwise specifically stated. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. Use of the masculine gender shall include the feminine gender. The word "shall" is always mandatory and not merely discretionary. Authority or CVWMA - shall mean the Central Virginia Waste Management Authority, the instrumentality created under the provisions of the Virginia Water and Waste Authorities Act, §15.2-5100, et seq., and includes the individual members (or voting alternates) of the CVWMA Board of Directors, and the officers, agents or employees of the Central Virginia Waste Management Authority. For the purposes of this Service Agreement, "Authority" shall not include the governing bodies, the individual elected officials of the Participating Local Jurisdictions served by this Service Agreement, except those elected officials who serve as members or alternates of the CVWMA Board of Directors, nor the employees or agents of the Participating Local Jurisdictions acting on behalf of their employer or principal, respectively. Bo Contract- shall mean the written Contract and all amendments thereto, between the CVWMA and the Contractor, governing the provision of used Electronic Equipment Collecting, Transporting and Processing services and other services as specified in the Contract. Contractor- shall mean the individual, Contractor, firm, partnership, joint venture, corporation, or association performing Used Electronic Equipment Collecting, Transporting and Processing Services under Contract with the Central Virginia Waste Management Authority (CVWMA) and for purposes of this service agreement shall mean Sims Group USA. Force Majeure - Any cause beyond the reasonable control of the party whose performance under this Service Agreement is affected, including but not limited to acts of God, change in law, war, riot, fire, explosion, wind storm, flood, inability to obtain or use fuel, power, or raw materials, shortage or failure of the usual means of transportation, injunction, action by governments not party to this Service Agreement, accident, and breakdown of machinery or equipment. "Reasonable control" of a party shall specifically exclude that party's ability to reach a resolution in a labor dispute and that party's ability to settle or compromise litigation. Member Jurisdictions - shall mean the members of the CVWMA including the Counties of Charles City, Chesterfield, Goochland, Hanover, Henrico, New Kent, Powhatan and Prince George; the Cities of Colonial Heights, Hopewell, Petersburg, Richmond and the Town of Ashland. eWaste - shall mean end of life electronics waste to include personal computers, computer monitors, central processing units, laptop computers, printers and copiers, keyboards, mice, wires, cables, scanners, fax machines, television sets, VCRs, hard drives, and other electronics equipment excluding mobile phones. G. eCycling - shall mean the recycling of eWaste. SPECIAL PROJECT SERVICE AGREEMENT FOR COLLECTING, TRANSPORTING AND PROCESSING USED ELECTRONIC EQUIPMENT SERVICES 2 O000SZ H. Monitor- shall mean the device utilized to display images generated by the computer. It may be a cathode ray tube (CRT) or liquid crystal display (LCD). Participating Local Jurisdictions - shall mean those Member Jurisdictions that have executed the Special Project Service Agreement for Used Electronic Equipment Collecting, Transporting and Processing Services pursuant to Article 11 of the CVVVMA Articles of Incorporation. Special Project Service Agreement - shall mean an agreement between the CVVVMA and the Participating Local Jurisdictions specifying the terms and conditions under which those jurisdictions will participate in the program outlined in the Contract between the CVVVMA and the Contractor. ARTICLE III - TERM OF AGREEMENT The term of this Service Agreement shall run concurrently with the term of the Contract with the Contractor, and shall terminate when such Contract terminates. The term of that Contract is on or about November 1, 2004, through October 31, 2006, with one (1) additional two (2) year renewal option. Renewal of any such Contract will be by mutual written consent of the CVVVMA and the individual Contractor. The CVVVMA and any Participating Local Jurisdiction may renew this Service Agreement by written consent given not less than ninety (90) days prior to the expiration of its then current term. This Service Agreement shall become effective and operations hereunder may commence in a Participating Local Jurisdiction following execution of this Service Agreement by such Participating Local Jurisdiction. ARTICLE Iv- SPECIAL PROJECT DESCRIPTION AND COMPENSATION FOR SERVICES A. Operations Schedule: The CVVVMA will contract with the Contractor to conduct periodic used electronic equipment collection events in the Participating Jurisdiction(s) at designated sites. Regional Electronics Recycling events may be held on any day of the week, including Saturday and Sunday as determined by CVWMA and the Participating Local Jurisdiction. Events will be from 9 am to 3 pm unless mutually agreed upon by the Contractor and CVVVMA. The Contractor will be advised of the designated collection site for events by the CVVVMA a minimum of 30 days prior to the scheduled event. The collection sites may be located in any of the CVWMA member jurisdictions. The Contractor and the Participation Jurisdictions will coordinate the periodic collection events. B. Operatin.q Procedures: The Contractor shall be responsible for all staffing, traffic control, logistics support, transportation and operation of the Regional Electronics Recycling Program (eCycle) events. SPECIAL PROJECT SERVICE AGREEMENT FOR COLLECTING, TRANSPORTING AND PROCESSING USED ELECTRONIC EQUIPMENT SERVICES 3 000083 bo Contractor will accept as a minimum, all eWaste as defined in Article II, paragraph F at all events. The Contractor shall ensure that all eWaste, used computers, electronics and associated materials collected (except residue) shall be donated, reused, remanufactured or recycled utilizing only North American markets unless otherwise approved by CVWMA. Residue is defined as any material that is not a computer or electronic item and any insignificant part of the computer that cannot be reasonably recycled. No material, other than residue, may be landfilled without approval by CVWMA. No material shall be illegally disposed. The Contractor shall accept eWaste from residents and businesses with up to 10 units per transaction at collection events. A unit shall be defined, as a computer system comprised of a monitor, keyboard, mouse, modem, central processor box, printer and associated wires and cables. The Contractor shall accept used electronics equipment from households at the facility located at 3220 Deepwater Terminal Road, Richmond, VA during normal business hours, Monday through Friday. The Contractor shall accept eWaste from Participating Local Jurisdictions. The Contractor shall pick-up collected eWaste from a Participating Local Jurisdictions for a hauling fee in addition to the eWaste recycling fees. The minimum quantity for a pick-up is ten (10) shrink-wrapped pallets, approximately five thousand pounds, of eWaste unless otherwise mutually agreed upon by the Contractor and the Participating Local Jurisdiction. The Participating Local Jurisdictions may deliver the eWaste to the Contractor at the Localities option. Residents from all member jurisdictions may participate in all events, regardless of where the event is held. Promotion of events shall be the responsibility of the Participating Local Jurisdiction in which the event is held. The CVWMA will work with the Localities to advertise and promote events. Service Fees: The CVWMA shall prepare monthly invoice for amounts due for Regional Electronics Recycling Program (eCycle) events. The Participating Local Jurisdictions shall pay invoiced amounts within thirty (30) days of the date of the invoice. The Participating Local Jurisdiction where the collection event is held shall be invoiced for the staging fee. The Participating Local Jurisdictions shall pay CVVVMA for services provided pursuant to this Agreement as summarized below. The Local Jurisdictions agree to pay any service fee adjustments approved by the CVVVMA that are SPECIAL PROJECT SERVICE AGREEMENT FOR COLLECTING, TRANSPORTING AND PROCESSING USED ELECTRONIC EQUIPMENT SERVICES 4 000084 required under the Contract implementing this Agreement or contained in this Agreement which are applied to all Participating Local Jurisdictions. Each Participating Local Jurisdiction agrees to pay any service fee adjustments approved by the CVWMA that result from changes in service implemented in that individual Participating Local Jurisdiction. Fees for Electronics Equipment Recycling: (i) Event Fees 1. Staging fee - $400 per event (to be paid by Participating Local Jurisdiction in which the event is held) 2. Monitor Recycling fee - $7 per unit (to be paid by recycler to the Contractor) 3. Television Recycling fee - $10 per unit (to be paid by recycler to the Contractor) 4. Wood Console Television Recycling fee - $20 per unit (to be paid by recycler to the Contractor) 5. Other eWaste as described in Section2, paragraph F - no charge 6. CVVVMA and the Participating Local Jurisdiction through prior arraignment may agree to pay the Contractor fees listed in above items 2, 3 and 4 in lieu of requiring the recycler to pay the fees. (ii) Recycling Fees for eWaste taken to Contractor's facility 1. Monitor Recycling fee - $7 per unit (to be paid by recycler to the Contractor ) 2. Television Recycling fee - $10 per unit (to be paid by recycler to the Contractor) 3. Wood Console Television Recycling fee - $20 per unit (to be paid by recycler to the Contractor) 4. Other eWaste as described in Section2, paragraph F - no charge (iii) Hauling Fee 1. $150 per pick-up for a minimum of ten (10) shrink wrapped pallets, approximately five thousand pounds, of eWaste The Contractor shall provide CVWMA with a monthly activity report not later than the 10th of the following month describing the equipment collected for the previous month. The Contractor shall provide, on a monthly basis, enumeration (if applicable), documentation (i.e.; bills of lading, receipts, certificates of recycling) of the proper management or disposal of materials collected in accordance with federal, state and local regulations of materials. The CVWMA, based upon documentation provided by the Contractor, shall provide to each Participating Locality monthly reports on collections for such Participating Locality and the associated fees owed assuming the relevant information is provided by the Contractor in a timely fashion. The Contract is a "requirements" contract and the CVWMA has not guaranteed any quantities of used electronics equipment to be processed to the Contractor. Nevertheless, the Contract provides that the Contractor shall process all used electronics equipment collected by the Participating Local Jurisdictions in accordance with the terms of the Contract. SPECIAL PROJECT SERVICE AGREEMENT FOR COLLECTING, TRANSPORTING AND PROCESSING USED ELECTRONIC EQUIPMENT SERVICES 5 000085 Title to, control of and responsibility for the used electronics equipment collected at the events shall vest to the Contractor upon collection by or delivery to the Contractor. ARTICLE V- NO PARTNERSHIP Nothing herein shall be construed to constitute a joint venture or the formation of a partnership among or between the CVVVMA, the Contractor and the Participating Local Jurisdictions any or all of them. ARTICLE VI - FORCE MAJEURE Should any Contractor fail to perform the services under the Contract with the CVVVMA by reason of Force Majeure, the CVVVMA shall, where practicable, take all reasonable steps to secure another Contractor to perform those services. Failure of the CVVVMA to perform under this Agreement by reason of Force Majeure affecting the CVVVMA or any Contractor shall not constitute a default or cause for termination of this Agreement. However, in case of non- performance due to Force Majeure, the CVVVMA shall immediately notify the Participating Local Jurisdictions in writing of the failure, including reasons for such failure, and shall make reasonable efforts to correct such failure and to continue performance at the earliest possible date. ARTICLE VII - TERMINATION AND NON-APPROPRIATION A Participating Local Jurisdiction desiring to withdraw from this Service Agreement shall give the CVVVMA thirty (30) days advance written notice of its intent withdraw. The parties to this Service Agreement agree that termination pursuant to Article VII shall be without penalty or liability to either party. Notwithstanding the withdrawal of any Participating Local Jurisdiction, this Service Agreement shall remain in effect with respect to any remaining Participating Local Jurisdiction(s). ARTICLE VIII- AUDIT PROVISIONS CVVVMA's records, which shall include but not be limited to all documents, accounting records, written policies and procedures, contract files (including proposals of successful and unsuccessful offerors), payroll records, original estimates, estimating worksheets, correspondence, change order files (including documentation covering negotiated settlements), and any other supporting evidence necessary to substantiate charges related to this Agreement, shall be open to inspection by the Participating Local Jurisdictions and subject to audit and/or reproduction, during normal working hours or at such other times as are mutually agreed upon by the parties, to the extent necessary to adequately permit evaluation and verification of any invoices, payments or claims submitted by CVVVMA or any of its agents or vendors pursuant to this Agreement. SPECIAL PROJECT SERVICE AGREEMENT FOR COLLECTING, TRANSPORTING AND PROCESSING USED ELECTRONIC EQUIPMENT SERVICES 6 000086 For the purpose of such audits, inspections, examinations and evaluations, the Participating Local Jurisdiction' agent or authorized representative shall have access to records from the effective date of this Agreement, for the duration of the Agreement, and until five (5) years after the date of final payment by Participating Local Jurisdictions' to CVVVMA for each fiscal year of service pursuant to this agreement. Participating Local Jurisdictions' agent or authorized representative shall have reasonable access to CVVVMA's facilities, shall have reasonable access to all necessary records, and shall be provided reasonable access to adequate and appropriate work space in order to conduct audits in compliance with this Article. Participating Local Jurisdictions' agent or authorized representative shall give the CVVVMA reasonable advance notice of intended audits. ARTICLE IX - COMPLIANCE WITH LAWS AND REGULATIONS AND GOVERNING LAW. The parties to this Service Agreement agree that the laws of the Commonwealth of Virginia shall govern the validity, construction, interpretation, and effect of this Service Agreement. This Service Agreement is entered into and is to be performed in the Commonwealth of Virginia. Any dispute or claim arising out of or relating to this Service Agreement shall be resolved in the Circuit Court of the City of Richmond, Virginia. ARTICLE X - SEVERABILITY AND WAIVER In the event any provision of this Service Agreement shall be held to be invalid and unenforceable, the remaining provisions shall be binding upon the parties. Should any term, provision or other part of this Service Agreement be held to be unenforceable, such provision or portion thereof shall be reformed to comply with applicable laws or regulations preserving to the greatest extent possible the original intent of the unenforceable provision. Waiver of a breach by any party of any provision, term, condition, or covenant of this Service Agreement shall not be construed by the other party as a waiver of a subsequent breach of such provision by the waiving party. ARTICLE Xl - NON-ASSIGNMENT Neither the Participating Local Jurisdictions nor the CVVVMA shall assign their respective duties under this Service Agreement without the written consent of all other signatories to this Service Agreement. This Service Agreement shall be binding upon and inure to the benefit of the permitted successors and assigns of the parties. ARTICLE Xll - INSURANCE AND INDEMNIFICATION Insurance. The Contractor shall be required to carry and maintain in effect public liability insurance coverage with a company licensed to do business in the Commonwealth of Virginia and in the amounts and coverages specified below. The Contractor shall, prior to commencement of work under the Contract, deliver Certificates of Insurance from carriers acceptable to the Contractor specifying such limits, with the CVVVMA and each Participating Local Jurisdiction participating in this proposed project named as additional SPECIAL PROJECT SERVICE AGREEMENT FOR COLLECTING, TRANSPORTING AND PROCESSING USED ELECTRONIC EQUIPMENT SERVICES 7 000087 insured parties. The Contractor shall ensure that the carrier or carriers shall agree to give the CVWMA thirty (30) days written notice of its decision to cancel, change or fail to renew coverage. The CVWMA reserves the option to increase the required insurance amounts if the contract is renewed beyond the initial three-year term. Worker's Compensation Coverage A - Statutory Requirements Coverage B - $100,000/$500,000/$100,000 Other States Endorsement Automobile Liability, Including Owned, Non-Owned and Hired Car Coverage Limits of Liability - $3,000,000 Combined Single Limit for Bodily Injury and Property Damage Comprehensive General Liability Limits of Liability - $3,000,000 Combined Single Limit for Bodily Injury and Property Damage Including: Completed Operations/Products Contractual Liability for Specified Agreements Personal Injury XCU (Explosion, Collapse and Underground Coverage) Broad Form Property Damage NOTE: The levels of coverage required in b. and c. can be met by the primary policy alone or in concert with an excess liability policy. The Contractor shall provide, if required, evidence showing compliance with the above requirements to the satisfaction of the CVWMA prior to commencement of work under the Contract. Failure to comply with this requirement may be cause for termination of the Contract, in the sole discretion of the CVWMA. Indemnification: The Contractor shall indemnify and hold the CVWMA and its member jurisdictions and their officers, agents and employees harmless from and defend against all claims, damages, losses, and expenses, including attorney's fees, of whatever kind or nature arising out of or resulting from the Contractor's or any of its subcontractor's providing or failing to provide any construction, product, goods, or services required under the Request for Proposals or a related Contract, including, but not limited to, any such claim, damage, loss, or expense that is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property; provided, however, that the Contractor's indemnification obligation under the scope of services of a Contract resulting from the Request for Proposals shall be limited to claims, damages, losses, and expenses caused by any negligent act or omission of the Contractor or any subcontractor performing work required by the Contractor's Contract with the CVWMA or anyone directly or indirectly employed by any of them or anyone for whose acts the Contractor or any subcontractor may be liable. The Contractor shall indemnify and hold the CVWMA and its members and/or participating, and their officers, agents and employees harmless from and defend against all claims (legal, equitable or administrative), damages, losses, expenses (including expert witness fees), consultant and attorney fees, remediation costs, removal SPECIAL PROJECT SERVICE AGREEMENT FOR COLLECTING, TRANSPORTING AND PROCESSING USED ELECTRONIC EQUIPMENT SERVICES 8 000088 costs, clean-up costs and all other costs, liabilities or expenses arising out of or resulting from the performance of services set forth in this Contract, or the failure to perform said services. It is understood that this indemnification shall extend to any and all claims against the CVVVMA or the Participating Local Jurisdictions by third-parties or agencies of the federal, state or local governments for any environmental liability due to a release of pollutants to the environment, whether imposed by statute, ordinance, regulation or common law, relating to activities under this Contract. This Section shall survive the expiration or termination of this Contract. ARTICLE XlII- ADDITIONAL PARTIES It is understood and agreed upon by the parties, upon written request from any of the other member local governments of the CVVVMA service area, that the CVVVMA may enter into a Service Agreement Addendum with such other member Jurisdiction(s) It shall be understood by the parties to this Service Agreement that no other additional parties shall be eligible to participate in this special project without a written addendum to this Service Agreement. C. This Service Agreement shall remain in full force and effect between the remaining parties notwithstanding termination with respect to any Participating Locality. ARTICLE XlV- ENTIRE AGREEMENT This Service Agreement represents the entire agreement between the CVVVMA and the Participating Local Jurisdictions and supersedes all prior negotiations, representations or agreements, either written or oral. This Service Agreement may only be amended by written document signed by the Participating Local Jurisdictions and the CVVVMA after approvals granted by the governing bodies of the Participating Local Jurisdictions and the CVVVMA unless said amendment authority has been previously delegated to the authorized representatives of the CVVVMA and the Participating Local Jurisdictions in the opinion of local and CVWMA legal counsel. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK SPECIAL PROJECT SERVICE AGREEMENT FOR COLLECTING, TRANSPORTING AND PROCESSING USED ELECTRONIC EQUIPMENT SERVICES 9 000089 IN WITNESS WHEREOF, the CVWMA and the Participating Local Jurisdictions have caused this Agreement to be executed. APPROVED AS TO FORM: McCandlish H~lton, P.C. Date: CENTRAL VIRGINIA Johr~ H. Miff~tell ' ~ Exec tiv'u~irector -- APPROVED AS TO FORM: COUNTY OF CHESTERFIELD Steven L. Micas County Attorney By: Lane B. Ramsey County Administrator Date: SPECIAL PROJECT SERVICE AGREEMENT FOR COLLECTING, TRANSPORTiNG AND PROCESSiNG USED ELECTRONICS EQUIPMENT SERVICES 10- CHE - End - Signature 000090 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 13, 2004 Item Number: 8.D.11.a. Subiect: Acceptance of Parcels of Land Along the South Right of Way Line of Justice Road from Romag, LLC County Administrator's Comments= /~~~..% ~/ County Administrator: BoardAction Requested: Accept the conveyance of two parcels of land containing a total of 0.038 acres along the south right of way line of Justice Road (State Route 973) from Romag, LLC, and authorize the County Administrator to execute the deed. Summary of Information: It is the policy of the county to acquire right of way whenever possible through development to meet the ultimate road width as shown on the County Thoroughfare Plan. The dedication of these parcels conform to that plan, and will decrease the right of way costs for road improvements when constructed. District: Midlothian Preparer: John W. Harmon Title: Right of Way Manaqer Attachments: Ycs --]No 00009~ VICINITY SKETCH ACCEPTANCE OF PARCELS OF LAND ALONG THE SOUTH RIGHT OF WAY LINE OF JUSTICE ROAD FROM ROMAG, LLC MJC. UX DR CT MIDLOTHIAN TPKE /'~JLOLO_THIAN WO( Chesterfield County Depan~ment of Utilities 1 bcl eqral~ 63333 000092 LINE BEARING DISTANCE !LINE BEARING DISTANCE L4L! N!3'08'55'E !88.89' L!5 S!5'36'47"W 3!.4g' 74,..~3~ L2 St3'08'55"W !88.90'. L!6 N76'5!'OS"N 32.22' L3 N76'Si'O§"W !6.00'; L!7 N60'00'54"E 46..0i' NSO '48' 02"kf t6.00' L~8 NO9 'i~'58"E 89.99' L5 S76'5~'06"E t6.00' Llg sog'tt'58"H 88.89' L6 S76'52'06"E t6.04' L20 N15'21'13"E · 24.60' L7 N76'St'OS"W 8.00' L2t N13'08'55"E 5.00' L8~ S76 '5~' 06" E 72.34' L~ St5 '32' ~4"W 5.00' L9 S~5'33'03"W i6.0t' LE3 Nt5'20'50"E 5.00' LtO N76'52'O6"W 64,67' LE4 N76'51'OS"W 8.00' L~ S76,52'06"E 1t.22' COUNTY PROdECT ~ 04-0~5t L~ S~,07'54"W t6.0t' ~6' ~N[TARY COUNTY SITE PLAN ~ 04 PR0339 7 ' ' " ~NER ~NT Lt3 N 6 52 06 W t~.46' · ..... ~ 5' ~W ~I~T[~ N 37tOSO7.67go /m, ~STZCE ~AD EASEHENT E t~Ta~079 OOEO/ 5' R/W ~[~TZ~ / ~1 ROUTE 973 ~ PRIVATE ~~ 0.0~0. A~S . / ~t ~0' R/" ~ ~O.~IBgooaSGFTAc ,,,.0. ',5 ~u ~ m. ~ ~== ,~ .~ ~[.~'~ 0.074 AC / ; -~ r.5 i~ m~. ,. 205 0 ~ ~/ . 7aa7to2eatooooo ~. "';~'"',.-m r~'~FI" -~:~'Z~ .... ~. o~ D.B. 5824 P6. 902 ~ { ~~ N/~ 03 U= , ~ ~ '~ t440t JUST[CE ROAD I t[ ~ m f I~ t6 WATER ~m , -- · oo~ t I ~ EASEMENT~ © m t6' ~NER EASENENT ;~ ~,,,-- ~ ~ 3022 SOFT ~ D,B.tgOO, PG, ~09~ E ~ ~ I I m ~m 0 069AC D.B. t799, PG.7J7 ~ ' oz~ I 1'" '~ ' P B 58, PO 50 . ~m~~ ~ ~ ROHA6, LLC u.= 2~u~, ~*. ~ ~ I I~ .~ D.a. 5aa4 pG. ODE P.B.SB. P6.50 ~<~ t ~ ~44~ dUSTZCE ROAD VAR. WIDTH ~Z~GE~ ~ o.o~ AC ~/ '~. --~ N 76 5i'05"N i58 92' N 76 5i'05"W t54.10.'/ o~,.°x'~ --~ D B 3410 PG 920 722710200600000 ~.~ ~m~ ' ' LOT E7A' OTTERDALE ASSOCZATES v~~ ~ - LOT E7B '~ ~ ~ . N Z~Z~ I-i 0~. ~e~ PLAT S~IN~ ORIINI6E (PRIVATE). SANITARY ~= SEWER & WATER EASE~NT~ A~ RXGHT-~-NAY DEDXCATXON ACROSS PARCEL XO' S 7aa7 0 =400000. ~_~' ~, MIDLOTHIAN DISTRICT, ~' '~ CHESTERFIELD COUNTY. VIRGINIA 0 30 60 ~ '~l ~ DATE: 7/~5/2004 SCALE: ~" 60' m m ~ ~_ ~ ~ P.N. a04004.0~ ~d e.~~l ~ REVISED: 09/t3/04 RESOURCE ~'~~ ~ INT~RNATION~, LTD. SOHNER EASE. PRO 0 0 0 (~ 9, CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 13, 2004 Item Number: 8.D.11.b.1. Subiect: Acceptance of Parcels of Land for the Extension of Walmart Way from Poseidon Swimming, Incorporated County Administrator's Comments: ~__c~c/ County Administrator: BoardAction Requested: Accept the conveyance of two parcels of land containing a total of 0.441 acres from Poseidon Swimming, Inc., and authorize the County Administrator to execute the deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of two parcels of land containing 0.441 acres for the extension of Walmart Way (State Route 961) from Poseidon Swimming, Inc. These dedications are for the development of Wal-Mart Expansion-Store # 1969-02. Approval is recommended. District: Midlothian Preparer: John W. Harmon Title: Riqht of Way Manager Attachments: Yes ---]No # 000094 VICINITY SKETCH ACCEPTANCE OF PARCELS OF LAND FOR THE EXTENSION OF WALMART WAY FROM POSEIDON SWIMMING. INC. GOY''!'A NNA LN DUCKB~.LL >F_..T T Y RD --I ~.DLO~ H~.AN ~pKE Chesterfield Count~ Department of Utilitie~ ! Itol eqEal~ ~6.67 ~et OOO095 NO. BEARING DISTANCE N 58'44'16"W 51.39 N 10'09'21"W 42.70 N 39'24'48"E 65.69 S 10'09'21"E 85.50 N 69'17'30"W 58.25 (~) \ N 10'09'21"W 102.65 N 27'12'26"E 68.52 \ (~) VIRGINIA POWER & ELECTRIC COMPANY D.B. 2076, PG. 906 TAX ID#: 735709594400000 R=350.00 ~=13'29'09" L=82.38 T=41.58 CB=S 16'53'55"E POSEIDON SWIMMING, INC. D.B, 5699, PG. 984 A PORTION OF TAX ID#: 756709566700000 12203 OLD BUCKINGHAM RD. & D.B. 5940, PG. 966 THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE BINDER. EASEMENTS MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. CH=82.19 (~ R=300.O0 Z~=5'11'41 / L=27.20 T=l 3.61 3709397.19 CB=N 12'45'11"W 736185.15 / CH=27.19 P.O.B. 2 ~ 10'09'21'E LEE GARRISON c" \t~. 3709327.72 D.B. 82, PG. 182 ~~ ~1736197.59 ~'TAX ~ ~D~: ~ 756709145900000 R~275.00 ~2~'51'52" ~CR~AG~ CH=127.76 ~ ~ I PARCEL ~ ~~,o~ = POSEIDON SWIMMING, INC. D.B. 5699, PG. 972 A PORTION OF TAX ID#: 756709422300000 #12218 MIDLOTHIAN TNPK. & D.B. 5940, PG. 966 SUMMARY = 0.242 ACRE = 0.199 ACRE 0.441 ACRE CONREAL, LLC D.B. 5406, PG. 868 / R=325.00 ~=29'08'50" TAX ID#: P.O.B. ! L--165.50 T=84.48 / CB=S 4'24'54"W 735709850300000 / ~ ~l, CH=163.55 ~ ~r~:, / ~ 1032.'92" ON THIS PLAT IS NOT INTENDED ~ FOR RESIDENTIAL USE. P~T SHOWING TWO PARCELS 0F ~ND W Y, LYING 961 MIDLOTHIAN DISTRICT * CHESTERFIELD COUNTY, CHKD BY: 0 100 200 300 JOB NO: 2478 TI'IlS IS TO CERTIFY THAT I MADE AN ACCURATE FIELD TRAVERSE OF THE PROPERTY SHOWN. TO THE BEST OF MY KNOWLEDGE AND BEEEF, THE MINIMUM FIELD AND OFFICE PROCEDURES FOR BOUNDARY SURVEYS ESTABLISHED BY THE COMMONWEALTH OF VIRGINIA HAVE BEEN COMPUED WtTH. g,~,~./v.~,~,~ ~" KOONTZ ; BRYANT, 'P.C. VIRGINIA FLOOD ZONE C - PANEL NO: 510035 0026 B KOONTZ-BRYANT, P.C. A Full Service Civil Consulting Firm 1703 N. PARHAM ROAD, SUITE 202 RICHMOND, VIRGINIA 23229 (804) 740-9200 (804) 740-7338 Fax kbpc~lkoontzbrya nt. com DATE: JUNE 8, 2004 SCALE: 1" = 100' DRAWN BY: MRS 2478ROWS.DWG 90096 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 13, 2004 Item Number: 8.D.11.b.2. Subiect: Acceptance of a Parcel of Land for the Extension of Walmart Way from Conreal, LLC Cou n,¥ Ad m in istrato r's Comments= /~__~-- O/'/~'~c~ County Administrator: Board Action Requested: Accept the conveyance of a parcel of land containing 0.123 acres from Conreal, LLC, and authorize the County Administrator to execute the deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of a parcel of land containing 0.123 acres for the extension of Walmart Way (State Route 961) from Conreal, LLC. This dedication is for the development of Wal- Mart Expansion-Store # 1969-02. Approval is recommended. District: Midlothian Preparer: John W. Harmon Title: Right of Way Manager Attachments: --]No 000097 VICINITY SKETCH ACCEPTANCE OF PARCELS OF LAND FOR THE EXTENSION OF WALMART WAY FROM CONREAL. LLC GOY'-tA NNrA LN M~LL LOCK ~D 7_ Chesterfield County Department of Utilities 1 b¢i eq~a~ ~,6.67 ~et 000098 THE PROPERTY REPRESENTED ON THIS PLAT IS NOT INTENDED FOR RESIDENTIAL USE. 3709417.78 11736130.66 THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE BINDER. EASEMENTS MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. COUNTY PROJECT NO.: 04-0074 COUNTY SITE NO.: 04PR0290 0.123 ACRES P.O.B. 3709276.97 ~ POSEIDON SWIMMING, INC. 11736155.89 I & THELMA ROSS ~o~/.~ D.B. 5699, PG. 972 ..~ ~/~o TAX ID#: ~/."" 736709422500000 (~ CONREAL, LLC I~) POSEIDON SWIMMING', INC. D.B. 5953, PG. 331 A PORTION OF TAX 73670914,3900000 12305 OLD BUCKINGHAM ROAD D.B. 5699, PG. 984 TAX ID#: 736709566700000 PLAT SH0~ING 0.123 ACRE OF LAND LYING EAST OF WALMART WAY, STATE ROUTE 961 MIDLOTHIAN DISTRICT * CHESTERFIELD COUNTY, I~-IIS IS TO CERTIFY 11-lAT I MADE AN ACCURATE FIELD 1RAVERSE OF THE PROPERTY SHOWN. TO THE BEST OF' MY KNOWLEDGE AND BELIEF, THE ~.~X'~ MINIMUM FIELD AND OFFICE PROCEDURES FOR BOUNDARY SURVEYS ESTABUSHED BY THE COMMONWEALTH OF VIRGINIA HAVE BEEN COMPUE. D WITH. KOONTZ · BRYANT~ P.C. 0 50 100 150 VIRGINIA FLOOD ZONE C - PANEL NO;, 510035 0026 B KOONTZ-BRYANT, P.C. A FuLl Service Civil Consulting Firm 1703 N. PARHAM ROAD, SUITE 202 RICHMOND, VIRGINIA 23229 (804) 740-9200 (804) 740-7338 Fax kbpc~koontzbrya nt.com DATE: JUNE 8, 2004 SCALE: 1" = 50' CHKD BY: ~,,~H DRAWN BY: MRS JOB NO: 2478 2478ROW4, DWG D00099 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 3 Meetin~l Date: October 13, 2004 Item Number: 8.D.12.a. Subiect: Set a Public Hearing for November 10, 2004 to Consider Amending the County Policy Regarding Criminal Background Checks for Coaches of Co-sponsored Groups to Require National Checks County Administrator's Comments: ~-~'~ J ~--~ ~ /~ County Administrator: f~/~ Board Action Requested: The Board of Supervisors is requested to set a public hearing for November 10, 2004, to amend County ordinances and policy regarding criminal background checks for coaches of co-sponsored groups to require national checks. Summary of Information: On August 22, 2001 the Board adopted an administrative policy requiring criminal background checks on coaches of co-sponsored youth athletic leagues. The current policy requires a check only of the State's criminal database. Since the inception of the process, approximately 9,500 coaches have been checked, 460 individuals have had criminal convictions, and 64 individuals have been disqualified based on their criminal history. In September 2002, the Board directed the Parks & Recreation Advisory Commission ("PRAC') to hold public hearings to consider expanding the database of crimes checked from the State's database to the FBI's national database. PRAC reported to the Board in November 2002 that, after reviewing the issue with various athletic organizations, it found national checks would be too difficult and expensive to administer. Since that time, new technology has been developed that permits portable fingerprint machines to be used for national checks. These machines significantly reduce the cost and burden of administering national checks. The County currently uses such machines to fingerprint applicants for County employment pursuant to the ordinance the Board adopted in July 2003 expanding checks to a national database. Preparer: Attachments: Michael S. Golden -~ Yes No Title: Director, Parks and Recreation 0623:66999.1 000 _00 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 Meeting Date: October 13, 2004 With the emergence of new technology, PRAC has reexamined the issue of expanding the background searches from state to national. PRAC, along with the Parks and Recreation Department, has held numerous meetings to inform the public of its proposal to implement national criminal background checks. PRAC used these informational meetings to share with the various athletic groups the new procedures and the portable fingerprinting machine that is now available. With input from the public and the positive response received from the athletic organizations, PRAC believes that national criminal background checks for volunteer coaches are ready for implementation. PRAC and the Parks & Recreation Department are recommending conducting a national check on all existing and new coaches beginning January 1, 2005. Staff recommends that the Board of Supervisors set a public hearing to consider conducting national criminal background checks on coaches of co- sponsored youth athletic organizations. 000_~_.0~- CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Meeting Date: October 13, 2004 Budget and Management Comments: This item requests that the Board of Supervisors set a public hearing for November 10, 2004 to consider amending County ordinances and policy regarding criminal background checks for volunteer coaches and co-sponsored groups. The change being considered will involve mailing out notification of the new process and new applications to be completed to an estimated 10,000 volunteer coaches currently on the approved volunteer list. Parks and Recreation estimates that approximately 2,750 national FBI background checks will be conducted in FY2005 at a cost of $71,500. The FY2005 Adopted Budget anticipated the potential $10 net increase in the cost for FBI background checks and, therefore, no additional funding will be needed to address this policy change. It is anticipated that Parks and Recreation will also incur approximately $7,850 in printing, postage and other material expenses in FY2005. If necessary, a minimal budget adjustment will be made to the Parks and Recreation operating budget later in the fiscal year to address these expenses. Preparer: Rebecca T. Dickson Title: Director, Budget and Manaqement 000_~.02 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 13, 2004 Item Number: 8.D.12.B. Subiect: Set Public Hearing for October 27, 2004 to Consider an Ordinance Creating a Separate Classification of Tangible Personal Property for Motor Vehicles Specially Equipped to Provide Transportation to Physically Handicapped Indivi dua 1 s County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to set a public hearing for October 27, 2004 to consider an ordinance creating a separate classification of personal property for motor vehicles specially equipped to provide transportation to physically handicapped individuals. Summary of Information: Mr. King has asked staff to prepare an ordinance as permitted by State Code § 58.1-3506(12) to establish a separate classification of tangible personal property for motor vehicles specially equipped to transport physically handicapped individuals so that those vehicles can be taxed at a lower rate than other motor vehicles. Staff recommends setting the rate of tax for such vehicles in April when rates are established for other personal and real property. At that time, staff will have determined the fiscal impact of the proposal, which is currently estimated to be less than $50,000 annually. Staff recommends that the Board set a public hearing for October 27, 2004 to consider the attached ordinance amendment. Preparer: Steven L. Micas Attachments: Yes ~ No Title: County Attorney 0623: 66946.1 (66945.1) ~000~0,2 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY ADDING SECTION 9-59.2 CREATING A SEPARATE CLASSIFICATION OF PERSONAL PROPERTY TAX FOR MOTOR VEHICLES SPECIALLY EQUIPPED TO PROVIDE TRANSPORTATION TO PHYSICALLY HANDICAPPED INDIVIDUALS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 9-59.2 of the Code of the County of Chester~eld, 1997, as amended, is added to read as follows: Sec. 9-59.2. Separate classification of personal property tax for specially equipped motor vehicles. There is hereby established a separate classification of tangible personal property for motor vehicles which are specially equipped to provide transportation for physically handicapped individuals. (2) That this ordinance shall become effective January 1, 2005. 0623:66945.1 000. 04 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: October 13, 2004 Item Number: 8.D.13.a. Subject: Acceptance of a Grant Awarded by the Bureau of Justice Assistance for the FY2005 Law Enforcement Technology Grant County Administrator's Comments= ~~-~.~ ~J County Administrator: Board Action Requested: Authorize the Police Department to accept and appropriate the award from the U.S. Department of Justice, Bureau of Justice Assistance, Law Enforcement Technology Grant in the amount of $98,948.00 and authorize the County Administrator to execute all documents. Summary of Information: The Chesterfield County Police Department has been awarded a federal grant from the U.S. Department of Justice, Office of Justice Law Enforcement Technology Grant Program. The funding will be used to purchase equipment to enhance the police department's community policing and crime prevention efforts. FY2005 Federal $98,948 Local $ 0 Total $98,948 Preparer: Colonel Carl R. Baker Title: Chief of Police Attachments: Yes No 000~,05 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: October 13, 2004 Budget and Management Comments: This item requests that the Board accept and appropriate funds for a Bureau of Justice Assistance Law Enforcement Technology grant in the amount of $98,948 The grant will be used to purchase equipment to enhance the police department's community policing and crime prevention efforts. There is no local match required. Preparer: Rebecca T. Dickson Title: Director, Budget and Manaqement 0001.06 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: October 13, 2004 Item Number: 8.D.13.b. Subject: Acceptance of a Grant Awarded by the Department of Motor Vehicles for the FY2005 Highway Safety Project Grant County Administrator's Comments: County Administrator: Board Action Requested: Authorize the Police Department to accept and appropriate the award from the Virginia Department of Motor Vehicles, Highway Safety Project Grant in the amount of $25,000 and authorize the County Administrator to execute all documents. Summary of Information: The Chesterfield County Police Department has been awarded a $25,000 state grant from the Virginia Department of Motor Vehicles, Highway Safety Project Grant Program. The funding will be used to purchase equipment and overtime to enhance the police department's traffic safety and accident prevention efforts. In addition, a required $6,250 in-kind match has been identified by the department and is already included within its FY2005 operating budget. Preparer: Colonel Carl R. Baker Title: Chief of Police Attachments: '~ Yes No # O00~t07 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: October 13, 2004 Budget and Management Comments: This item requests that the Board accept and appropriate funds for a Virginia Department of Motor Vehicles, Highway Safety Project grant in the amount of $25,000. The grant will be used to purchase equipment and pay overtime to enhance the Police department's traffic safety and accident prevention efforts. There is a $6,250 in-kind local match required which the department has identified within its FY2005 operating budget. Preparer: Rebecca T. Dickson Title: Director, Budget and Manaqement 00~10~8 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 1 Meetin~l Date: October 13, 2004 Item Number: 8.D.14. Subject: Donation of $2,000 from the Matoaca District Improvement Fund to the Virginia State University Scholarship Program County Administrator's Comments: County Administrator: Board Action Requested: Donation of $2,000 from the Matoaca District Improvement Fund to the Virginia State University Scholarship Program. Summary of Information: Supervisor Humphrey has requested that the Board appropriate $2,000 from the Matoaca District Improvement Fund to support the Virginia State Scholarship Fund. Virginia State has pledged to raise additional monies from corporate sponsorships. §23-3.1 of the Code of Virqinia, 1950, as amended permits the Board to make this donation to Virginia State since it is a state-owned institution of higher learning. This donation will be designated for a Chesterfield County student if approved by the Board. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. Preparer: Rebecca T. Dickson Title: Director, Budget & Manaqment 0425:66982.1 Attachments: Yes ~ No #000~09 DISTRICT IMPROVEMENT FUNDS APPLICATION Page 1 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? Virginia State University 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.) To educate students throuqh a challenging academic program, diverse student orqanizations and excitinq extracurricular activities. What is the amount of funding you are seeking? $2,000 Describe in detail the funding request and how the money, if approved, will be spent. Funds will be used to award scholarships for Chesterfield County students. Is any County Department involved in the project, event or program for which you are seeking funds? Yes, Community Development 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? corporations will support scholarship fund. Other orqanizations and 000 .0 Page 2 If applicant is an organization, answer the following: Is the organization a corporation? Yes __ Is the organization non-profit? Yes __ Is the organization tax-exempt? Yes __ X No X No X No What is the address of the applicant making this funding request? Virginia State University P.O. Box 90 Petersburq, VA 23806 What is the telephone number, fax number, e-mail address of the applicant? President Eddie Moore 8047-524-5070 Signature of applicant. If you are signing on behalf of an organization you must be the president, vice-president, chairman/director or vice-chairman of the organization. Signature ! ' o~ behaff of an organi(,ation) }f-~'- Pnnted Name Date ooo a. . CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 13, 2004 Item Number: 8.D.15. Subiect: Transfer $2,766 from the Matoaca District Improvement Fund to the School Board to Fund the Foster Grandparents Program at Ettrick Elementary School in Accordance with an Agreement Between the Foster Grandparents Program and the School County Administrator's Comments: County Administrator: Board Action Requested: Transfer $2,766 from the Matoaca District Improvement Fund to the School Board to fund the Foster Grandparents Program at Ettrick Elementary School in accordance with an agreement between the Foster Grandparents Program and the school. Summary of Information: Supervisor Humphrey has requested that the Board transfer $2,766 from the Matoaca District Improvement Fund to the School Board to fund the Foster Grandparents Program at Ettrick Elementary School in accordance with an agreement that has been entered into between the Foster Grandparents Program and the school. Under the program, volunteer senior citizens will work with 25 kindergarten and first grade students who are experiencing reading difficulty. This early intervention has been proven to prevent future reading problems for such students later in their education. This request was originally made by the Foster Grandparents Program. The Board is not authorized to give public funds to organizations like this program. The County can legally transfer public funds to the School Board to pay operating expenses of a public school program operated in a public school facility. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. Preparer: Rebecca T. Dickson Title: Director, Budget and Mana,qement 0425: 6? 024. J Attachments: Yes [~ No 000~.2 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. 1. What is the name of the applicant (person? or organization) making this funding request? Foster Grandparent Pro~ram 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.) The mission of the program is to provide opportunities for low-income seniors to volunteer in schools, child care centers~ iuvenile detention centers, homeless shelters, institutions for the mentally retarded and group foster homes. 3. What is the amount of funding you are seeking? $2,766 4. Describe in detail the funding request and how the money, if approved, will be spent. The requested funds will be used to supplement the cost of stipends for 2 foster grandparents for a nine month period. o Is any County Department involved in the project, event or program for which you are seeking funds? No 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? Additional funds will be requested from other local sources, such as United Way Services or federal funds. 8u~ ~0 04 O~:14p Hattie Rober~son 804 73~ ~45~ p.~ 7. If applicant is an organization, answer the following: Is the organization a corporation? Is the organization non-profit? Is the organization tax*exempt? 8. What is the address of the applicant making this funding request? 9. What is the telephone number, fax number, e-mail address of the applicant? Yes No X Yes X No Yes X No 23 Seyler Drive Petersburg, VA 23805 (804) 861-3185 Fax (804) 732-9459 FGPINCt~,AOL. COM Signature of applicant. If you are signing on behalf of an organization you must be the president, vice-president, chairman/director or vice-chairman of the organization. Signature Title (if signi~-on behalf of an organization) Printed Name Date 0407:23380.1 000 :14 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: October 13, 2004 Subject: Developer Water and Sewer Contracts County Administrator's Comments: County Administrator: Item Number: 10.A. Board Action Requested: The Board of Supervisors has authorized the County Administrator to execute water and/or sewer contracts between County and Developer where there are no County funds involved. The report is submitted to Board members as information. Summary of Information: The following water and sewer contracts were executed by the County Administrator: Contract Number: Project Name: Developer: Contractor: Contract Amount: 02-0191 Cloverhill Congregation of Jehovah's Witnesses Cloverhill Congregation of Jehovah's Witnesses LCT Construction Water Improvements - Wastewater Improvements - $20,400.00 $3,500.00 District: Dale Preparer: Craig S. Bryant Title: Director of Utilities Attachments: ---~ Yes No # O00:t:15 Agenda Item October 13, 2004 Page 2 o o Contract Number: Project Name: Developer: Contractor: Contract Amount: District: Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 03-0374 Collington, Section 5 Douglas R. Sowers RMC Contractors, Inc. Water Improvements - Wastewater Improvements - Matoaca $65,851.00 $3,325.00 04-0046 Watermill, Section 3 (Formerly Phase II, Section 2) Centex Homes Piedmont Construction Company, Inc. Water Improvements - Wastewater Improvements - Matoaca $52,100.00 $99,400.00 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 13, 2004 Item Number: 10.B. Subiect: Status of General Fund Balance, District Improvement Fund, and County Administrator's Comments: Reserve for Future Lease Purchases Capital Projects, County Administrator: Board Action Requested: Summary of Information- Preparer: Lane B. Ramsey Title: County Administrator Attachments: NO O00 L,7 BOARD MEETING DATE CHESTERFIELD COUNTY GENERAL FUND BALANCE October 13, 2004 DESCRIPTION 07/01/03 FY2004 Actual Beginning Fund Balance 11/25/03 Designate excess revenue (County) for non-recurring items in FY2005 11/25/03 Designate excess expenditures (County) for non-recurring items in FY2005 11/25/03 Designate excess expenditures (Schools) for non-recurring items in FY2005 11/25/03 Designate excess expenditures (Schools) for non-recurring items in FY2004 11/25/03 FY03 Results of Operations - Police for use in FY2004 11/25/03 FY03 Results of Operations - Fire for use in FY2004 11/25/03 FY2004 11/25/03 FY03 Results of Operations - MH/MR/SA for use in FY2004 11/25/03 FY03 Results of Operations - Projected CSA Shortfall for use in FY2004 07/01/04 FY05 Budgeted Beginning Fund Balance (Projected FY04 Results of Operations) *Pending outcome of FY2004 Audit Results AMOUNT (102,908) (3,133,048) (456,699) (349,922) (100,000) (lOO,OOO) (lOO,OOO) (43,000) (156,0OO) 750,000 BALANCE $42,264,186 $42,161,278 $39,028,230 $38,678,308 $38,221,609 $38,121,609 $38,021,609 $37,921,609 $37,878,609 $37,722,609 38,472,600 O00 L:18 Board Meeting Date CHESTERFIELD COUNTY RESERVE FOR FUTURE CAPITAL PROJECTS TRADITIONAIJX FUNDED BY DEBT October 13, 2004 Description FOR FISCAL YEAR 2003 BEGINNING JULY 1, 2002 4/10/2002 FY03 Budgeted Addition 4/10/2002 FY03 Capital Projects 8/28/2002 Purchase land for athletic facilities at Spring Run Elementary School, closing costs, and environmental assessment FOR FISCAL YEAR 2004 BEGINNING JULY 1, 2003 4/9/2003 4/9/2003 7/23/2003 10/22/2003 4/14/2004 4/14/2004 FY04 Budgeted Addition FY04 Capital Projects National search for a developer to revitalize the Cloverleaf Mall ama Debris pick-up program due to Hurricane Isabel To General Services for building unexpected repairs and maintenance items incurred during FY04 Trf to Sheriff for start-up expenses and capital for new replacement jail project Amount 8,600,000 (7,277,800) (140,000) 9,354,000 (8,559,300) (44,000) (1,000,000) (125,000) (260,000) Balance 10,111,312 2,833,512 2,693,512 12,047,512 3,488,212 3,444,212 2,444,212 2,319,212 2,059,212 4/14/2004 Designate funding for police vehicles associated with the new COPS grant. Funds to be transferred to Police in FY2006 FOR FISCAL YEAR 2005 BEGINNING JULY 1, 2004 4/14/2004 FY05 Budgeted Addition 4/14/2004 FY05 Capital Projects 7/28/2004 Pre-development studies for Cloverleaf Mall 8/11/2004 Deposit on acquisition of the mall buildings at Cloverleaf Mall 9/3/2004 Purchase of public safety equipment for search and rescue, natural disasters and other emergency situations (500,000) 9,600,000 (8,496,900) (65,000) (250,000) (59,600) 1,559,212 11,122,692 2,625,792 2,560,792 2,310,792 2,251,192 000119 000_~20 Prepared by Accounting Department September 30, 2004 SCHEDULE OF CAPITALIZED LEASE PURCHASES Date Began 04/99 1/01 03/01 04/01 11/00 09/01 O3/O3 03/04 APPROVED AND EXECUTED Description Public Facility Lease - Juvenile Courts Project Certificates of Participation - Building Construction, Expansion and Renovation; Acquisition/Installation of Systems Telephone System Upgrade School Copier Lease #2 - Manchester High School School Copier Lease #3 - Chester Middle School School Server Lease Certificates of Participation- Building Construction, Expansion and Renovation Certificates of Participation- Building Construction, Expansion and Renovation; Acquisition/Installation of Systems Original Amount $16,100,000 13,725,000 1,222,411 20,268 20,268 278,372 6,100,000 21,970,000 Date Ends 11/19 11/21 03/05 03/06 09/05 07/05 11/23 11/24 Outstanding Balance 09/30/04 $12,880,000 11,885,000 84,797 7,115 4,855 58,647 6,100,000 21,970,000 TOTAL APPROVED AND EXECUTED $59.436.319 $52,990,414 PENDING EXECUTION Description None Approved Amount 000 2 . CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 13, 2004 Item Number: 10.C. Subiect: Roads Accepted into the State Secondary System County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information' Preparer: Lisa H. Elko Title: Clerk to the Board Attachments: Ycs -~No 000~22 ~ 000~23 O00~_Z 000~25 000126 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 13, 2004 Item Number: 10.D. Subiect: Report of Planning Commission Substantial Accord VEPCO/Epic Road, Communications Tower (Case 05PD0140) County Administrator's Comments: Determination on County Administrator: Board Action Requested: On September 21, 2004, the Planning Commission confirmed the Planning Director's decision that Case 05PD0140 is in substantial accord with the Comprehensive Plan. Staff recommends no action. Summary of Information: The Commission confirmed the Planning Director's decision that this request is substantially in accord with the Comprehensive Plan. State law provides that the Board may overrule the Planning Commission's determination or refer the matter back to the Planning Commission for an additional public hearing and decision. If the Board takes no action, the substantial accord determination will become final. Staff recommends no action. Preparer: Kirkland A. Turner Title: Director of Planninq Attachments: Yes [---] No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 13, 2004 Item Number: 11. Subject: Closed Session County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Closed session pursuant to § 2.2-3711(A) (3), Code of Virqinia, 1950, as amended, to discuss the acquisition of real estate for a public purpose where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. Preparer: Steven L. Micas Title: County Attorney 66794.1 Attachments: -] Yes No 000.127 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 13, 2004 Item Number: 15.A. Subiect: Presentation of the Award for Continuing Excellence (ACE) County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Mr. Ken Harmon, of the Senate and Productivity Quality Award Board, will be in attendance to present this award. Preparer: Lisa Elko Title: Clerk to the Board Attachments: [-~ Yes No O007L~S CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 13, 2004 Item Number: 15.B. Subiect: Adoption of Resolution Recognizing October 2004, as ~Quality Month" County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the 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. In the past, the Board has issued a resolution to recognize October as "Quality Month" in Chesterfield County. Jo Lo Rohr, Quality Coordinator for Chesterfield County will be present to receive the resolution. Preparer: Jo L. Rohr Attachments: Yes [-~ No Title: Quality Coordinator 000,~29 RECOGNIZING OCTOBER 2004, AS ~NATIONAL QUALITY MONTH" WHEREAS, a commitment to excellence in government, education, manufacturing, service, and health care is essential to our nation's well-being; 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 organizations Commonwealth of Virginia, quality is a major concern; and in the 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 serves its customers; and WHEREAS, many county employees have 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 distinguished itself as a leader in quality and productivity as evidenced by the receipt of the Award for Continuing Excellence in 1998 and again in 2004, and by documented improvements that have accumulated to 62,000 hours avoided and $4.1 million costs avoided; and WHEREAS, the Chesterfield County Board of Supervisors recognizes that continuation of the county's commitment to Total Quality Improvement is a vital part of the county's strategies to provide a FIRST CHOICE community through excellence in public service. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 13th day of October 2004, publicly recognizes October 2004, as "Quality Month" in Chesterfield County and calls its significance to the attention of all its citizens. 000 .30 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 13, 2004 Item Number: 15.C. Subiect: Resolution Recognizing "Christmas Mother Day" in Chesterfield County County Administrator's Comments: County Administrator: Board Action Requested: Adopt the attached resolution. Summary of Information: Ms. Dona Link has been elected Christmas Mother for 2004. present at the meeting to accept the resolution. She will be Preparer: Lisa H. Elko Attachments: Yes ~ No Title: Clerk to the Board 000~.3~ RECOGNIZING OCTOBER 12, 2004, 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, Ms. Dona Link has been elected Christmas Mother for 2004 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 12, 2004, 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 its very successful efforts in past years and extends best wishes for a successful 2004 season. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Ms. Link 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 I of I Meetin~l Date: October 13, 2004 Item Number: 15.D. Subject: Recognizing Stephen James Ascher, Jared Kent Calfee, Devon John Doyle, Sean David Doyle, Nicholas John Lemza, John McLean, Landon Charles Michaels, and Michael Glenn Sanders, all of Troop 860, Sponsored by Woodlake United Methodist Church, Upon Attaining Rank of Eagle Scout County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolutions. Summary of Information: Staff has received requests for the Board to adopt resolutions recognizing Stephen James Ascher, Jared Kent Calfee, Devon John Doyle, Sean David Doyle, Nicholas John Lemza, John McLean, Landon Charles Michaels, and Michael Glenn Sanders, all of Troop 860, upon attaining the rank of Eagle Scout. Ail will be present at the meeting, accompanied by members of their family, to accept the resolutions. Matoaca District Jared Kent Calfee Parents: Kent and Rhea Clover Hill District Stephen James Ascher Parents: Ronald and Kathleen Devon John Doyle and Sean David Doyle Parents: Peter and Alice Michael Glenn Sanders Parents: Richard and Diane Nicholas John Lemza Parents: John and Laura John McLean Parents: Alexander and Valerie Catherine Landon Charles Michaels Parents: Stephen and Laura Preparer: Lisa H. Elko Title: Clerk to the Board Attachments: Ycs -]No 00O3.33 WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to their community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law Mr. Stephen James Ascher, Mr. Jared Kent Calfee, Mr. Devon John Doyle, Mr. Sean David Doyle, Mr. Nicholas John Lemza, Mr. John McLean, Mr. Landon Charles Michaels and Mr. Michael Glenn Sanders, all of Troop 860, sponsored by Woodlake United Methodist Church, have accomplished those high standards of commitment and have reached the long-sought goal of Eagle Scout which is received by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through their experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare themselves for roles as leaders in society, Stephen, Jared, Devon, Sean, Nicholas, John, Landon and Michael have distinguished themselves as members 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, this 13th day of October 2004, hereby extends its congratulations to Mr. Stephen James Ascher, Mr. Jared Kent Calfee, Mr. Devon John Doyle, Mr. Sean David Doyle, Mr. Nicholas John Lemza, Mr. John McLean, Mr. Landon Charles Michaels and Mr. Michael Glenn Sanders, and acknowledges the good fortune of the county to have such outstanding young men as its citizens. 000:1.,34 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 3 Meetin~l Date: October 13, 2004 Item Number: 16.A. Subiect: Public Hearing to Consider FY2006 Enhancement Projects County Administrator's Comments: /~~~ //~~ County Administrator: BoardAction Requested: Hold a public hearing to consider FY06 Enhancement Projects; approve the FY06 Enhancement Priority Project list and forward to area Metropolitan Planning Organizations (MPOs); adopt resolutions of support for the projects; and authorize the County Administrator to enter into agreements for the projects. Summary of Information: The Virginia Department of Transportation (VDOT) Enhancement Program is intended to creatively integrate transportation facilities into the surrounding communities and the natural environment. Projects eligible for funding include pedestrian and bicycle facilities; pedestrian and bicycle educational/safety activities; scenic easement/ historic site acquisition; scenic/historic highway programs; landscaping; historic preservation; rehabilitation of historic transportation buildings; preservation of abandoned railroad corridors/conversion to trails; control/removal of outdoor advertising; archaeological planning and research; mitigation of water pollution and wildlife protection; and establishment of transportation museums. It is estimated that a $15 million enhancement fund will be available statewide this year for VDOT to carry out the program. Transportation Enhancement Projects are financed with 80% VDOT funds and a minimum 20% local match. The local match is usually provided from county funds, from others and/or by in-kind contributions. VDOT staff will evaluate project applications and make a recommendation to the Commonwealth Transportation Board for inclusion in the FY06-FYll Virginia Transportation Six-Year Program. Preparer: R.J. McCracken Agen574 Title: Director of Transportation Attachments: Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 Summary of Information: (continued) The Board should confirm support for the priority enhancement projects by adopting a resolution of support, which guarantees the county will provide the local match. If approved and funded by VDOT, staff will prepare another agenda item requesting appropriation of the required match. The amounts for the local match, totaling $309,000, are as follows: Winchester Green Sidewalk and Landscaping ($80,000), Genito Road Streetlights ($10,000), Cogbill Road Sidewalk ($94,000), Virginia State University Sidewalk ($45,000) and Walton Park Sidewalk ($80,000). Enhancement projects are required to have endorsement from area Metropolitan Planning Organizations (MPOs). The project list, as approved by the Board, should be forwarded to the Richmond and Tri-Cities MPOs. The Genito Road Streetlight and Winchester Green Sidewalk and Streetscaping projects will require the county to bear the operating expense associated with the lights (approximately $2,100 and $3,000 respectively per year). Unless the Board directs otherwise, projects listed on Attachment A under "Other Projects" will not be submitted for funding consideration this year. These other projects will stay on the Enhancement Project list for the Board's consideration in the future. Recommendation: Staff recommends the Board take the following actions: 1. Approve the proposed FY06 Enhancement Priority Project list (Attachment A), and forward it to the Richmond and Tri-Cities Metropolitan Planning Organizations for approval; 2. Adopt the attached resolutions requesting VDOT approval and guaranteeing the local match for the projects. NOTE: If projects are approved and funded by VDOT, staff will return to the Board with an identified source for the required match, up to a total of $309,000. o Authorize the County Administrator to enter into agreements between VDOT/county/consultant/contractor, for design, right-of-way acquisition, and/or construction agreements, acceptable to the County Attorney, for projects approved by VDOT. District: Countywide O00.'t. 6 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Meeting Date: October 13, 2004 Bud.qet and Management Comments: This request involves holding a public hearing to consider the FY2006 road enhancement projects as detailed in the previous pages. In the event that VDOT agrees to fund all of these projects, the local match would be $309,000. Upon VDOT approval and funding, staff will return to the Board with a local match funding recommendation. Preparer: Rebecca T. Dickson Title: Director, Budget and Management 000~.3. ? CHESTERFIELD COUNTY PROPOSED FY06 ENHANCEMENT PROJECTS Priority Projects: Winchester Green Sidewalk/Landscaping, Jefferson Davis Hwy (from Alcott Rd to Bensley Commons BIvd), Alcott Road and Bensley Commons Blvd, Phase II of a $0.83M project Genito Road Streetlights - from Fox Chase Lane to Watercove Road Cogbill Road Sidewalk - from Meadowbrook HS to Meadowdale Library, Phase I of a $0.82M project VSU Sidewalk - Hickory Road/River Road from Woodpecker Rd to James St - $0.4M project Walton Park Road Sidewalk, located between North Woolddge Road and Queensgate Road, Phase II of a $1.1M project Other Projects: Point of Rocks Bike Trail on Enon Church Road - from Point of Rocks Park to Enon Library, Phase i (preliminary engineering) of $1.3M project Cogbill Road Sidewalk, from School Board Facility to Hopkins Road Spirea Road Sidewalk - from Mountain Laurel Ddve to Sunflower Lane Chesterfield Avenue Sidewalk Safety Improvements, Phase I Hickory Road Sidewalk - from Ravensbourne Drive to Woodpecker Road, Phase I of $1.2M project East River Road Sidewalk and Pedestrian Trail (RR RW to River) Westfield Road Sidewalk, between Sycamore Square Drive and Winterfield Road, Phase I of $1M project VSU Entrances Landscaping Route 10 Streetscaping (Courthouse Complex), between Centralia Road and Beach Road, Phase II Route 10/I-295 Landscaping Route 360 Landscaping, from Route 288 to Swift Creek Countywide Gateway Project Robious Road Streetlights, between Huguenot Road and Salisbury Road, Phase I Route 360 Streetlights, Old Hundred Road to Woodlake Village Parkway Dutch Gap Conservation Area Trail and Pedestrian Bridge Pocahontas State Park Perimeter Trail Powhite Parkway/Route 288 Sight & Sound Barriers, Phase I Funding Request $400,000 $50,000 $470,000 $225,000 $400,000 $240,000 $225,000 $500,o00 $300,o00 $400,000 $900,000 $5OO,OOO $140,000 $670,000 $50,000 $70,000 $220,000 $50,000 $200,000 $150,000 $340,000 $1,000,000 Local Match Transfers $80,000 $1o,ooo $94,000 $45,000 $80,000 ATTACHMENT A 000A38 Chesterfield County Proposed FY06 Priority Enhancement Projects Walton Park Road Phase II Genito Road Streetlights Cogbill Road Sidewalk Winchester Green Sidewalk/ )lng, Phase II VSU ATTACHMENT B 000~L39 WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Chesterfield County requests the CTB establish a project for Winchester Green Sidewalk and Landscaping, Phase II along Jefferson Davis Highway between and along Alcott Road and Bensley Commons Boulevard. BE IT FURTHER RESOLVED that the Board hereby agrees to pay 20 percent of the total estimated cost of $400,000 for planning, design, right-of-way, and construction of Phase II of the Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. 000 40 WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Chesterfield County requests the CTB establish a project for the installation of streetlights along Genito Road from Fox Chase Lane to Watercove Road. BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $50,000 for planning, design, right-of-way, and construction of the Genito Road Streetlight Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. 000 4 . WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Chesterfield County requests the CTB establish a project for Phase I of the Cogbill Road Sidewalk Project from Meadowbrook High School to Meadowdale Branch Library. BE IT FURTHER RESOLVED, that the Board agrees to pay 20 percent of the total estimated cost of $470,000 for planning, design, right- of-way, and construction of Phase I of the Cogbill Road Sidewalk Project from Meadowbrook High School to Meadowdale Branch Library, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. 000. 4Z WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Chesterfield County requests the CTB establish a project for VSU Sidewalk along Hickory, River and East River Roads from Woodpecker Road to James Street. BE IT FURTHER RESOLVED that the Board hereby agrees to pay 20 percent of the total estimated cost of $225,000 for planning, design, right-of-way, and construction of the Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. 000 43 WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Chesterfield County requests the CTB establish a project for Phase II of Walton Park Road Sidewalk Project located between North Woolridge Road and Queensgate Road. BE IT FURTHER RESOLVED that the Board hereby agrees to pay 20 percent of the total estimated cost of $400,000 for planning, design, right-of-way, and construction of Phase II of the Walton Park Road Sidewalk Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. 000. 44 Date An Affiliate of ~edia General P.O. Box 85333 Richmond, V]rg]n]a 23293-000i (804) 849-~00 Adverfis] ng Affidavit (This is not a bil]i plJea~ pay from ~nvoi~) CH'F,~TF, RFtF,~ J-)gO AR D C~F ~ql IPCR VI~OR fq VA 23832-0040 DasCription [Account Num, ] 220806 10i06/2804 Ad Size Tota} ~st 121 CHR~TERFiEI.D (!O1 FNTYPROP©~qED FY05 ENHAN Media General Operations, Inc. Publisher of THE RICHMOND T~MES-D~SPATCH This is to certify that lhe attached C, HF, STERFIEI J} COt JNT'YPR ~ ~h~ond Times. Bis~tch, ~nc. in the Ci~of Richmond, State of virginia, on the following dates: 10/06/2004 Newspa~r reference: Sworn to and subscribed before me this _~ _ Public 1873897 Su IVlY C°mmiss'°n expkes ILLiP iNVOiCE THANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: October 13, 2004 Item Number: 16.B. Subiect: Public Hearing to Consider Adoption of an Ordinance Authorizing Minors Sixteen (16) Years and Older to Volunteer to Serve in Volunteer Fire Departments in the County County Administrator's Comments: ~____ ~ ~(~/' County Administrator: Board Action Requested: The Board is requested to hold a public hearing to consider adoption of an ordinance authorizing minors sixteen (16) years and older to volunteer to serve in volunteer fire departments in the County. Summary of Information: The Virginia Department of Fire Programs (~VDFP') recently undertook an evaluation of its Junior Firefighting program to make sure that the program was in compliance with the current child labor and employment laws. As a result of their evaluation, the VDFP is now requiring all localities that wish to continue Junior Firefighter programs to adopt an ordinance, which specifically authorizes such programs. Va. Code §40.1-79.1 provides that programs, which are authorized by local ordinance are exempt from the child labor laws. The proposed ordinance which is attached allows minors 16 years and older who reside in Chesterfield to participate in activities of a volunteer company so long as they have been properly trained and have parental consent. The County's Volunteer Firefighting squads have operated junior programs for many years, but not pursuant to a County ordinance. The program has been governed by an administrative policy that outlines specific safeguards that must be followed to protect minors participating in the program including the Preparer: Steven L. Micas Attachments: Ycs Title: County Attorney 0623: 66930.1 (66413 . 1) No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 conditions imposed by the proposed ordinance. Therefore, adoption of the ordinance will not impact the current operation of the program except to help the volunteer firefighting programs comply with state requirements. Staff recommends adoption of the ordinance. The Fire Department has reviewed the ordinance and recommends that the Board adopt the ordinance. 0623: 66930.1 (66413.1) 000146 AN ORDINANCE TO AMEND TIlE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY ADDING SECTION 2-80 RELATING TO PARTICIPATION BY MINORS IN VOLUNTEER FIRE COMPANY ACTIVITIES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 2-80 of the Code of the County of Chesterfield, 1997, as amended, is added to read as follows: Sec. 2-80. Participation by minors in volunteer fire company activities. (a) Pursuant to the authority of section 40.1-79.1 Code of Virginia, the county hereby authorizes any minor sixteen (16) years of age or older who resides in the county, with parental or legal guardian approval, to work with or participate fully in all activities of a volunteer fire company, provided such minor has attained certification under National Fire Protection Association NFPA 1001, Level One, fire fighter standards, as administered by the Virginia Department of Fire Programs and subject to any restrictions that may be imposed by the volunteer fire department or the Chesterfield Fire/EMS Department. The certification record and consent for each participant shall be kept on file in the office of the Chesterfield Fire/EMS Department. (2) That this ordinance shall become effective immediately upon adoption. 0623:66413.1 000 ~.4 7 An Affiliate of A~edia General Advertisi ng Affidavit (This is not a bill P~ease pay from invoice) P, O~ Box 85233 Richmond, Vi rcj inia 23293~0001 (804) ~20g06 C~de Description Ad Size Total Cost ATTACH Med~a General Operations, Inc~ Publisher of THE R IOHMOND T~MES-D~SPATCH This is to certify that the attached TAKE NOT}CE THAT THE R( was published by Richmond T~mes-D~spatch, Inc, m the C~ty o~ R~chmond, State of Wrg~nia, on the following dates: 09/29/2004 10/06/2004 The first insertion being given HERE Newspaper reference: Sworn to and subscribed before me this _~ _ 1873940 sot State of Virginia C.y of Richmond ~4 /__© My Commission expkes .~ ~-- t TH~S ~ NO'-'[ A ~LL, PLEASE PAY FROM iNVOiCE. THANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 13, 2004 Item Number: 16.C. Subiect: Public Hearing to Consider Amendments to County Code § 9-132 Regarding the Expenditure of Courthouse Security Funds County Administrator: Board Action Requested: The Board set a public hearing for this date to consider amending County Code § 9-132 regarding the expenditure of funds for courthouse security. Summary of Information: During the work session on June 23, 2004, concerning the 2004 General Assembly session, the Board voted to consider amendments to the County Code regarding the expenditure of courthouse security fees collected in criminal and traffic cases. Under prior state law, the courthouse security fees which the county collects ($5.00 for each criminal and traffic case) could be appropriated by the Board to the Sheriff's office only for funding courthouse security personnel. The 2004 General Assembly broadened the enabling legislation to also allow the expenditure of these fees for equipment and other personal property used in connection with courthouse security. The ordinance amendment reflects this change and gives greater flexibility to the Sheriff to meet courthouse security needs. The Board set a public hearing for this date to consider this amendment. A copy of the proposed ordinance is attached. Preparer: Steven L. Micas Title: County Attorney 1300:66798.1 (66406. l) Attachments: Yes ~ No #000~..,~. S AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 9-132 RELATING TO COLLECTION OF FEE AND APPROPRIATION FOR COURTHOUSE SECURITY PURPOSES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 9-132 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Section 9-132. Collection of processing fees for person admitted to jail following conviction and fees for courthouse security. (a) (1) In addition to any other fees prescribed by law, a $25.00 processing fee is hereby imposed on every individual admitted to the county or regional jail following conviction in a district or circuit court. (2) This processing fee shall be ordered as a part of court costs collected by the clerk, deposited into the account of the county treasurer, and shall be appropriated to the sheriff to defray the costs of processing arrested persons into the jail. (b) (1) In addition to any other fees prescribed by law, a fee of $5.00 is hereby imposed in each criminal and traffic case in which the defendant is convicted of a violation of any statute or ordinance. The clerks of the district and circuit courts shall charge and collect this fee as a part of the fees taxed as costs. (2) After collection by the clerk of the court in which the case is heard, the fee shall be remitted to the county treasurer and held subject to appropriation by the board of supervisors to the sheriffs office for funding courthouse security personnel, and, if requested by the sheriff, equipment and other personal property used in connection with courthouse security. (2) That this ordinance shall become effective immediately upon adoption. 1325:66406.1 000 ~49 Affiliate of Media General Advertisin~l ~idavit (This is not a bill Piea~ pay from invoice) P.O. Box 85333 Richmor)d, Vi~inia 23293~0001 (804) e49~00 i ~e Code Des criptio~ Ad She Tota~ C~st ] 171 -FAK'R NOT)C.R TI::fAT T'[-~R 'ROARD OF ~ql JPRRVLqO~ 2 O0 x 23.O1~ 4~56.&R ATTACH Bedia General Operations, Publisher of THE R)CH~OND T)MES-D~SPATCH This is to certify that the attached TAK~ 'N(')TI'C¢: TH'AT T):.:[);; ):~( was pub))shed by Richmond Times-Dispatch, )nc, in the City of Richmond, State of Vkginia, on the following dates: 09/29/2004 10/06/2004 The first insertion being g~ven .... Newspa~r reterertce: 18757~9 Sworn to and subscribed before State of Vkginia City of R~chmond // My Commission expires ...../¢7__~(/~ THiS iS NOT A BILL, PLEASE PAY FROM I~JVOIOE. 09/2912{~n4 T HANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: October 13, 2004 Item Number: 16.D. Subject: Public Hearing to Consider Amendments to the County' s Inoperable Motor Vehicle Ordinance Comments: ~//~--7~~//~~'~'~~ ~ ''~ County Administrator's ~~a-~ ~t~. cc c,~~ ~ ,o.~--F_~ ~e_~__.~. County Administrator: ~ Board Action Requested: The Board set a public hearing for this date to consider amending the County's inoperable motor vehicle ordinance. Summary of Information: During the Board's work session on June 23, 2004, concerning the 2004 General Assembly session, the Board voted to consider amendments to the County's inoperable motor vehicle ordinance to comply with the new state code definition of when an inoperable vehicle is "shielded or screened from view" and therefore does not have to be removed from private property. The 2004 amendments to the state code require the County to define "shielded or screened from view" to mean "not visible by someone standing at ground level from outside of the property on which the subject vehicle is located." This definition is different from the current requirement that the vehicle be kept in a fully enclosed structure, be completely covered, or be behind a wall or landscape planting more than six feet high and ten feet long. Staff expects that the new language required by state law will allow some inoperable vehicles to remain on private property that would have been required to be moved under the existing ordinance. The changes to the state code also provide the property/vehicle owner the opportunity to prove that the vehicle in question is being legitimately Preparer: Steven L. Micas Title: County Attorney 1300:66797.1 (66300.1) Attachments: Yes [-~ No 0005S0 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 restored or repaired in which case it is not required to be removed. The other suggested changes to the ordinance are technical in nature and do not effect the substance of the ordinance. The Board set a public hearing for this date to consider amendments to County Code Section 13-62 in accordance with the new state legislation. A copy of the proposed ordinance is attached. AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 13-62 RELATING TO RESTRICTIONS ON KEEPING INOPERABLE MOTOR VEHICLES; REMOVAL OF SUCH VEHICLES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 13-62 of the Code o£ the County 0£ Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Section 13-62. Restriction on keeping----v-~-: ...... ....':-'~,.~ inoperable motor vehicles; removal of such vehicles. (a) It shall be unlawful for any person, firm or corporation to keep, except within a fully enclosed building or otherwise shielded or screened from view by a ~,u~.~ below, on any property zoned A, R, R-TH, R-MF, O and C, as those zoning classifications are defined in chapter 19, any motor vehicle, trailer or semitrailer, as such are defined in Code of Virginia, § 46.2-100, as amended, which is inoperable. The on v .................................. o ............o ....... ,,,:,k;,..i .... ,~;,-I~ ~ 47.11 ..... 1~,-I U,,:,,4: ..... * .... * ..... k,,, k~ ~ 4~^~, ...... As used in this section "shielded or screened from view' means not visible by someone standing at ground level from outside of the property on which the subject vehicle is located. (1) (b) Notwithstanding subsection (a) above, not more than one motor vehicle, trailer or semitrailer, as such are defined in Code of Virginia, § 46.2-100, as amended, which is haopemgw~ inoperable may be kept outside of a fully enclosed building, provided it is ~--'~ shielded or screened from view by covers, ......... ,, .... ~.~,;^~ ~w~ ~ ~o~ ~ w~ ab~,~ on any prope~y zoned A, R, R-TH, R-~, MH-1, MH-2, O and C: as defined in chapter 19: if the vehicle is kept in the rear yard of the propeffy. The rear yard shall be the yard extending between the rear line of the lot and the nearest line of the rear of the main building on the lot. (c) The owners of property zoned A, R, R-TH, R-MF, MH-1, MH-2, O and C, as defined in chapter 19, shall remove from their property any moporagve inoperable motor vehicles, trailers or semitrailers which are in violation of this section, within ten days after being given notice by the county to remove such mopemti-ve inoperable motor vehicles, trailers or semitrailers. Notice to remove shall be deemed given when 1325:66300.1 000 .. 2 (d) (e) (g) mailed by certified mail, return receipt requested, to the same address to which real estate tax bills are mailed to such owners of property. If the owners of the property do not remove the ~ inoperable motor vehicles, trailers or semitrailers from the property within ten days after being given notice to do so by the county, then the county, its agent or employees may remove the mopemgw inoperable motor vehicles, trailers or semitrailers from the property. After giving an additional ten days' notice to the owners of the vehicles, the county may dispose of such motor vehicles, trailers or semitrailers. Notice of disposal of such motor vehicles, trailers or semitrailers is given when mailed by certified mail, return receipt requested, to the last known address of the owner of the ~ inoperable motor vehicles, trailers or semitrailers. Notwithstanding the other provisions of this section, if the owner of such vehicle can demonstrate that he is actively restoring or repairing the vehicle, and if it is shielded or screened from view, the vehicle and one additional inoperable motor vehicle being used for restoration or repair may remain on the property. The cost of removal and disposal of the inoperative motor vehicles, trailers and semitrailers shall be chargeable to the owners of the property from which the mopemO-ve inoperable motor vehicles, trailers and semitrailers were removed an~ or to the owners of the ~ inoperable motor vehicles, trailers and semitrailers. The costs of removal and disposal may be collected in the same way that taxes and levies are collected. Every cost authorized by this section against the owner of the property from which the inoperative motor vehicles, trailers and semitrailers was removed shall constitute a lien against that property. The lien shall continue until payment of the assessed costs have been paid. As used in this section, the term "-mopemO-ve inoperable motor vehicle" means any motor vehicle which is not in operating condition.'- ;or which for a period of 60 days or longer has been partially or totally disassembled by the removal of tires and wheels, the engine, or other essential parts required for operation of the vehicle; or on which there are displayed neither valid license plates nor a valid inspection decal. This section shall not apply to any business lawfully conducted on property that is zoned to permit the keeping of haopemgve inoperable motor vehicles, trailers or semitrailers; nor shall this section apply to a licensed business that on June 26, 1970, was regularly engaged in business as an automobile dealer, salvage dealer or scrap processor. Compliance with this section shall not exempt any owner of an ~ inoperable vehicle from the license tax imposed by section 13-54 of this Code. (2) That this ordinance shall become effective immediately upon adoption. 1325:66300.1 000 . 3 Advertis ~ nS Affl davit (Th~s is ~ot a b~L P~ea~ pay from ~nvo~) P. O, Box 85333 Richmond, Virginia 23293-000i ¢04) 649~000 Date C~de DascrCption Ad Size TAKRNOT[CF~THATTHRR©AI{DOF~qIlp'ERVLq()'[ 200 x 2400 ATTACH Media Genera~ Operations, inc~ Publisher of TH ERIC HMON D TIMES-D~SPATCH This is to certify that the attached TAK F, N'©TIC¢ THAT T'H~i -g( was published by R~chmond T~mes-D~spatch, ~nc. ~n the C~ty o~ R~chmond, State of Vkg~nia, on the following dates: 09/29/2004 t0/06/2004 The first insertion being given Newspaper reference: Sworn to and subscribed before 1875707 09/29/2004 HERE State of virginia C~y of Richmond My Commission expires THIS IS NOT A BILL. PLEASE PAY FR~B iNVOICE. Su THAN K Ye U CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: October 13, 2004 Item Number: 16.E. Subiect: Public Hearing to Consider Comcast's Proposed Rate Increase for Limited Basic Cable Service and Installation and Equipment Rates County Administrator's Comments: County Administrator: Board Action Requested: Hold a public hearing to consider Comcast's proposed rate increase for limited basic cable service and installation and equipment rates. Summary of Information: Comcast has filed its annual rate forms that will allow it to raise the rate it charges for Limited Basic programming and its charges for installation and equipment such as converter boxes and remote controls. The Limited Basic tier is comprised of the first 14 channels of programming customers and must be purchased as part of any cable service. A small number of subscribers purchase only the Limited Basic tier. Pursuant to the FCC regulations, Comcast must submit to the County for review the forms calculating the maximum allowable increase under the federal regulations for basic tier programming, installation, and equipment. Currently, Comcast charges $8.76 for Limited Basic Service. Under the filings, Comcast will be permitted to increase the Limited Basic cable rate by $1.40 to a proposed maximum permitted rate of $10.16. Comcast will also be permitted to increase its various charges for installation of cable and its charges for different kinds of equipment such as converter boxes and Preparer: Steven L. Micas Attachments: Yes Title: County Attorney 0623: 66929.1 O00~.q4 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 remote controls. Under the filing, Comcast could increase the charge for installation to an unwired home by $0.17 to $52.23 and to a pre-wired home by $5.37 to $31.40. A converter box could cost $1.17 more. (Attached are Comcast's current Rate Card and 2004 Installation and Equipment Rates.) Comcast has not yet determined the extent of the rate increase for the coming budget year. In the past, Comcast has not raised its rates by as much as the regulations permit and is currently charging less than existing permissible rates. Comcast will provide the County prior notice of the actual rate increase. No rate increase may go into effect before December 1, 2004. Under federal law, the County may not prevent the rate increases from going into effect. The federal law does permit the County to audit Comcast's records related to the rate increases and order a rate reduction if the records do not support the proposed rate increases. The County has until July 31, 2005 to undertake and complete such an audit and take action to reduce rates. Such an audit could involve hiring an outside consultant, and staff believes that an audit would likely not be cost effective. Upon the advice of staff, the Board decided not to pursue such an audit in 2002 when the Board last held a hearing on Comcast's rates. Under local ordinance, the County is permitted, but is not required, to set a public hearing and have Comcast appear and justify the reasonableness of its rate increases. The Board has set this public hearing for that purpose. 0623:66929.1 000_ 55 RateOard Effective January 1, 2004 t imited Service* F×panded Service* $ 32.41 Valne Pak* $ 3.25 CahleGuard $ 0.28 Full Standard Service {i imit~d g~rvi~+F×p~nded Rervin~*V~hm P~k*C~N~R,,~rrh* $ 44.70 Basic Additional Outlets NO Monthly Fee Monthly Dahle Guide $ 2.75 Digital Pins (equipment required) $14.95 Digital Classic (equipment required) $ 9.95 DigitalAdditional Outlet (equipment reqnired) $ 9.95 Digital Receiver $ 3.66 Digital Ilniversal Remote $ 0.29 HBTV Receiver $ 5.00 DVR (Digital Video Recorde0 Service $ 9.95 High-Speed laternet Service $ 42.95* Mnltiple IP Connectinns $ 6.95 each Modem Rental $ 3.00 Wireless Home Networkinn $ 57.95* *Price for cable customers only. lut~rnet service for non-cable customers is $57.95 monthly. $6.95 per IP address applies to networked computers only. Non-networked computers require multiple modems. Wireless Nome Networking Sen/ice for non-cable customers is $72.95 monthly. HBO $17.99 Cinemax $14.99 Shnwtime $14.99 The Movie Channel $14.99 Starz! (available only on Digital Cable) $14.99 Addressahle Cnnveder $ 3.66 Non-addressable Converter $ 0.30 Remote Control $ 0.29 Hourly Service Charge Minimum Service Charge Change of Service (track mil) Administrative Fee-Service Change Ilnwired Home Installation Prewired Home Installation Additional Outlet Connectinn (initial installatinn) Additional O.tlet Connection (separate trip) Wireless Home Networking Installation Professional High-Speed Interact Installation * InslaPa~on ~ each addiUomJ wireless home eaiwork computer is $50.00 $ 26.03 $ 26.03 $ 26.03 $ 1.99 $ 52.06 $ 26.03 $ 13.02 $ 26.03 $199.00* $ 99.00 Late Fee $ 5.00 Non-S.fficient F.nds Charge $ 25.00 Collectinn Fee $ 15.00 Unreturned Digital Conveder Fee $450.00 I lnmtnrned Analog Converter Fee $300.00 Ilnreturned Remote Fee $ 25.00 FCC Regttlatory. User Fee(mnnthly) $ 0.04 *Channels included in Limited Service, Expanded Service and Value Pak are shown on channel line up Above rates do not include l[anchise fees or taxes which appear as separate line ilems on your statement. Rates are snbjegi to change. Lobby Hours Customer Service 6§10 Iron Bridge Road, Richmond, VA 23234 804-266-1900 Mon-Fri 7:30am - 9:00pm Sat 8:00am - 5:00pm www. comcast.com 0001. 6 MAXIMUM PERMITTED RATE ~$ OPERATOR SELECTED CURRENT RATE RATE on theaCtivity (1) Comcast:has not made a.fin~ decision as to the ne~v Operator sel~Cted::rate fOr:~i~ S~rvice- · ' : COMCAST CABLE Standard Service Rates CITY STATE ZIP ,. RATE Noato' CA i 94949 $ 42.00 San Rafael ~A i '9490~i $ 42~00 Chicago IL i 606~4i ~-43A9 Narrenville IL i 60555, $ 43.99 _enexa KS i 662151 $ 45.49 Baltimore MD ! 21201' $38:05 0cean~ity . iMD- '~ 21842 $ 37.90 Minneapolis MN ! 55406 $ 40.69 Portland OR i 97222'$ 41.45 sPringfield ' PA i i9064~ '$ 421~6 Allen TX i ~50;I 3 $ 4119,~ Arlingt°n tVA ~ 22206 $ 47.07 h~n~ico c0~ntY '. 'VA .2323~.~ $-40'8~ Midlothian ,VA I 23114 $ 44.70 RiChmond VA ! 2~222* $40189 An Aff)))ate of ~Jed)~ Genera) Advertising Affida¥it (This is r~t a bi)[ P)eas~ pay from invoice) P.O. Box 85333 Richmond, Virginia 23293-0001 (804) 8494000 Account Num, 1 I Date ~de ~scdption Ad Size TotaI ~st [ 10/06/?004 121 I'AKE NOTff!RTAK K NOTICE TiF-:[AT THE tqOARD C) ? 00 x i 7.0(} 175 36 ATTACH HERE Media Genera~ Operations, Inc. PuNisher of THE RICHMOND TIMES-DISPATCH This is to certify that the attached TAr'F, N©T)CF. TA KF. N'OT~C[ was published by Richmond ~mes-Dispatch, Inc. in the City of Richmond, State of Virginia, on the following dates: 10/06/2004 The first insertion being given Newspaper reference: Sworn to and subscribed before State of Virginia city of Ric~o.d My Commission expires HIS IS NOT A BILL. PLEASE PAY FROM INVOICE. 1881608 I0/06'2004 Super~sor THANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 3 Meetin~l Date: October 13, 2004 Item Number: 16.F. Subject: Public Hearing to Consider the Appropriation of $6,504,722 of Federal Department of Homeland Security Urban Area Security Initiative Funds Count'Adm,n,strator'sComments ~F~~~ ~~ ~ ~; ~ounty Administrator: ~~ Board Action Requested: The Board is requested to hold a public hearing and approve the appropriation of $6,504,722 million of Federal Department of Homeland Security Urban Area Security Initiative funds. Summary of Information: The Federal Department of Homeland Security has awarded the Richmond area an Urban Area Security Initiative (UASI) a grant totaling $6,504,722 million. The grant requires the development and approval of a Richmond Area Urban Strategy (Strategic Plan) for the use of funds intended to ready the local governments of Chesterfield, Goochland, Henrico, Hanover and Richmond against potential terrorism events. The Virginia Department of Emergency Management and the Federal Department of Homeland Security have reviewed and approved the plan submitted in September. Preparer: Bradford S. Hammer Attachments: r-~ Yes No Title: Deputy County Administrator CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 The funds will be used to facilitate the interoperability of communications equipment between first responders, provide comprehensive training for National Incident Management System Training (NIMS) for first responders and emergency operations center personnel, conduct detailed studies of long term emergency communications compliance needs, acquisition of hazardous material equipment, and acquisition of new radio equipment caches to support emergency personnel during terrorism or natural disaster events. Chesterfield County will serve as the lead administrative entity and fiscal agent for the Richmond UASI grant. Based on information from Federal Homeland Security officials, the Richmond Area can expect to receive a similar amount of federal funds next year for this program. The Richmond Area Security strategy includes plans to expend future funds on continued NIMS training, securing and hardening public utility fund infrastructure, acquiring additional radio caches, and in developing tactical plans to protect potential area targets from terrorism events through surveillance and intelligence systems staffed by area Police and Sheriff departments. 000~59 An Affiliate of ~ledia Germra~ Advertising Affidavit (This is not a bill, Plea~ pay from invoice) P.O. Box 85333 Richmond, Virginia 23293-0001 (804) ATTN [,f,qA FI,KO P 0 F~OX 40 CHESTF, R F'[ F~-LD VA l Date ~de ~scdption Ad Size Cost TAKE N©T[f~ETAKE NOT'ffTF Tf-{AF FIdE FI©ARD 0 2.0(} x 2~.O(} IVledia Genera~ Operations, ATTACH Publisher of THE R)CHiVlOND TI~/IES-DISPATCH This is to certify that the attached TAKE N©T~f';I~TAK F N(Ti-[CF was published by Richmond Times-Dispatch, )~c. in the City o( Richmond, State of Virginia, on the following dates: 10/06/2 004 The first insertion being given Newspaper re~erence: Sworn to and subscribed before me this / ~ 1881606 1 State of Virginia ~y Commission expires ~ 0 THIS IS NOT A BILL. PLEASE PAY F VOICE. THANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 13, 2004 Item Number: 16.G. Subiect: PUBLIC HEARING: Ordinance to Vacate a Portion of a Fifty-Foot Unimproved Right of Way Known as Manatee Road Within Land-O-Pines, Section A ~ ~~ County Administrator's Comments: - -, ~~:~/' County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors adopt an ordinance to vacate a portion of a 50' unimproved right of way known as Manatee Road within Land-O-Pines, Section A, as shown on the attached plat. Summary of Information: Dennis S. Capell and Karen D. Capell have submitted an application requesting the vacation of a portion of a 50' unimproved right of way known as Manatee Road within Land-O-Pines, Section A. Necessary easements will be retained. This request has been reviewed by staff and approval is recommended. District: Dale Preparer: John W. Harmon Title: Ri.qht of Way Mana.qer Attachments: Yes ['~No # 000~.60 VICINITY SKETCH PUBLIC HEARING: ORDINANCE TO VACATEA PORTION OF A FIFTY-FOOT UNIMPROVED RIGHT OF WAY KNOWN AS MANATEE ROAD W1THIN LAND-O-PINES, SECTION A ~ooK 07' FAIRPINES RD % 0 >~o Chesterfieldl IicICount~e,:llal~ 6~SfeetDepartment of Utilities 4 4867 5739 2 5256 5741 1 5757 7 5720 5801 6 5611 5809 5 5603 5817 16 7066 5640 17 7257 5648 18 7348 5656 ! ! 9 7714 5708 10 5716 4 9267 5641 9358 5649 2 5657 5865 50 000 62 An Affiliate of ~edia Genera~ Advertising Affidavit (This is not a bill Please pay from invoioa) C'N RNTRRFH ,D C(~ RI(714T W'AV 'RI fi{tiT OF WAY DRPT ~710 ¢7 KR AI TR~ ROAD VA 2~g~2 ?~ O~ Box 85333 Richmond, Virginia 23293-000J ID ate ~de Ad Size ' -~ ?ota] TAKF, N©TJCETHAT ON OCT©RRR ] 3 20f}4 AT 70 ATTACH H~RE Media Genera~ Operations, ~nc. Publisher of THE{ R~ICHMON D T~MES-D~SPATCH This is to certif~ that the attached TAKF, NOTICRTHAT ON (3Cq was pub~she~ by RJchmond ~mes~D~spatch, Inc. ~n the C~ty of R~chmond, State of V~rg~nia~'on the fo~ow~ng dates: 09/29/2004 10/06/2004 The first insertion being ~iven .... Newspa per reference: 1874874 Sworn to and subscribed before ry Pubhc State of Virginia c~ of ~ieh~ond My Commission expires Q9/29t2004 TH~S ~S NOT A BILL PLEASE PAY FROM ~NVOJCE. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 13, 2004 Item Number: 16.H. Subiect: PUBLIC HEARING: Ordinance to Vacate a Portion of Lot Bellwood Farm Subdivision Count, Administrator's Comments: ~c_~,~./~_./~c~ ,/~T'~~ 9, The County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors adopt an ordinance to vacate a portion of Lot 9, The Bellwood Farm, as shown on the attached plat. Summary of Information: William R. Purdy, Jr., and Dorothy E. Purdy have submitted an application requesting the vacation of a portion of Lot 9, The Bellwood Farm Subdivision. This request has been reviewed by staff and approval is recommended. District: Bermuda Preparer: John W. Harmon Attachments: Ycs ---]No Title: Ri.qht of Way Manaqer 006~.63 VICINITY SKETCH PUBLIC HEARING: ORDINANCE TO VACATE A PORTION OF LOT 9, THE BELLWOOD FARM SUBDIVISION N Chesterfield Coun~ Department of Utilities I llcl e,:lla k, ~590 l~et O00~G4 TH~ ~S TO ~ THaT ON 07-09-04 I ~ AH ACCURATE FI~LO ~ ~ ~ ~E ~ ~; ~T ~ ~E NO ~[~ THIS SU~ W~ PREPPED WI~OUT THE BENEFIT OF A ~TLE REPO~. ~NER: WI~ R. PURDY. JR. ~ DOROTHY E. PURDY DB 2915 PG 9 (PIN No. 796-676-2958-00~0) ~DRESS: 1700 BE~WOOD RD. ~NER: WI~ R. PURDY, JR. DB 2101 PG 1218 (PIN No. 796-676-3757-000~) '~DRESS: 1698 BELLWOOD RD. DB 5817 ~ 624 (PIN No. 796-676-3270-00000) ~DRE~: 1688 BE~WOOD RD. o~ ROD m BE S~ (DEED 1~.~') (UN,SS NO~O Om~S[) I02.~' N/F R~OLDS R~L ESTATE ~URES LLC DB 5182 PG ~1 PiN No. 795-677-7155-0~ 1706 BE~W~D RD. IMPROVEMENTS NOT SHOWN PROPERTY UNE PARALLEL TO ~ EASTERN LINE OF LOT 9 OF BEll. WOOD FARMS AS SHOWN'--'-"-------, IN PB 3 PG 18,3. (REMAINDER OF LOT 9) PARCELS EXEMPT NO CHANGE FROM EXISTING CONFIGURATION GENE R. WATSON 1,640':1: TO C/L OF ...._..__ --- FT. DARUNG ROAD EXACT LOCATION OF PARCEL C IS NOT DETERMINED BY OEED OF RECORD. PARCEL LOCATION SHOWN DETERMINED BY COUNTY GIS TAX ~ AND PAROL EVIDENCE. I I I ! 20' PUBLIC ROAD · ,COMMONWEALTH I/OF VIRGINIA rDB 181 PG ~82 [(NOT IN USE) 0,633 ACS. (No, 1688) LINE BY IMENTATION (No. 1700) (No. 100.00' = S69'59'4~'W 698) 16' WATERLINE EASEMENT 4 PG 1674 BELLWOOD ROAD (50' R/w) SCN.E 1" ,= ¢0' JN 6636A "P~SICAL SURVEY' PLAT SHOWING A PARCEL OF LAND SITUATED ON THE NORTH SIDE OF BELLWOOD ROAD BEING A PORTION OF LOT 9 THE BELLWOOD FARM IN THE BERMUDA DISTRICT, CHESTERFIELD COUNTY, VIRGINIA GENE WAI"SON ~ ,4SSOC/,41'E'S, P.C. DATE: 08-19-04 0ATE: 07-09-0¢ 4221 BONNIE BANK ROAD RICHMOND VIRGINIA 804.-271-8038 FILE: CBM-6391A ~ 9O165' Advertisiag Affidavit (This is not a bill, Please pay from iavoice) VA 238%2 P, O. Box 85~3 Richmond, Virginia 23293-0001 (804) C~494000 ~2068fi '10t0~512004 10/0fi/2004 ~de TAKE NOTTCETHAT ON OCTO'RER 13 2004 AT 70 2.00 x 1500 105.40 ATTACH HERE Media General Operations, Inc. Publisher of THE RIC HMON D Til~dES-DISPATCH his is to certify that 1he attached TAKF~ N©TtC. ETHAT as published by Richmond Times-Dispatch, Inc. in the City of R~ch~ond, State of Virginia, on the following dates: 09/29/2004 10/06/2004 The first insertion being given Newspaper reference: 1874883 Sworn to and subscribed before State of Virginia CRy of Richmond My Commission expkes 0912912004 THIS IS NOT A BILL. PLEASE PAY FRO~ INVOICE. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 13, 2004 Item Number: 16.1. Subiect: PUBLIC HEARING: Ordinance to Vacate a Portion of Revised Map of Pocoshock Hills County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors adopt an ordinance to vacate a portion of Revised Map of Pocoshock Hills, as shown on the attached plat. Summary of Information: Ronald C. Wheeler has submitted an application requesting the vacation of Lots 12, 14 and 16 within Revised Map of Pocoshock Hills. This request has been reviewed by staff and approval is recommended. District: Clover Hill Preparer: John W. Harmon Title: Right of Way Manager Attachments: -~No ~)0~66 VICINITY SKETCH PUBLIC HEARING: ORDINANCE TO VACATE A PORTION OF REVISED MAP OF POCOSHOCK HILLS sTONF.-TREI q DF_-L~ DR DR N Chesterfield County' Department of Utilities 1 bcl eqlal~ 65BlUet O00 ft. 6"7' An Affiliate of ~ed]a Genera~ AdYertis ing Affi davit (Th~s ~s not a bill P~ea~ pay from ~voi~) C'~'RgTRR'FT[,D C~ R ~GHT WAY [~[(T[q'T C}'F WAV BRPT 6710 W KRAT JS-E ROAD P~ O~ Box 85333 Richmond, Vi~ inia 23293~00 (804) 010612004 Ad Si {}106/2004 i 21 TAKF, NTOT[CF, TIqAT ()N f)CTf}I~F,]~ 1 ~; 2004 AT 70 2_00 x 14.00 285_24 ATTACH Media General Operations, lnc, Publisher of THE R]C HMON D T~IMES- D ~SPATCH This is to cert[fg that the a~ached TAKE NOT[CF, THAT ON ~C~ was Published ~y R~chmond.~mes. DJs~tch, Inc. in the Ci~ of R~ch~ond, State of Vkg~n~a, on the fo~l~w~ng dates: 09/29/2004 10/06/2004 The first insertion being given .... 09/29/2004 Newspaper reference: 1878524 Sworn to and subscribed before methis _ ~_ HERE _ '~ State of Vkg~n~a NOT AtoLL ' · CE. THANK U CHESTERFIELD COUNTY BOARD OFSUPERVISORS AGENDA Page I of I Meetin~l Date: October 13, 2004 Item Number: 17. Subiect: Adjournment and Notice of Next Scheduled Meeting of the Board of Supervisors County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Motion of adjournment and notice of a regularly scheduled meeting to be held on October 27, 2004 at 4:00 p.m. Preparer: Lisa H. Elko Attachments: ~ Yes Title: NO Clerk to the Board