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11-08-2000 PacketCHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~l Date: November 8, 2000 Item Number: 5. Subject: Resolution Honoring the 20th Professional Firefighters Association County Administrator's Comments; Anniversary of the Chesterfield County Administrator: Board Action Requested: Adoption of the attached resolution Summary. of Information: Mr. Barber requested that the following resolution be adopted. This resolution is to commemorate the 20th Anniversary of the Chesterfield Professional Firefighters Association and to recognize, with appreciation, the services it has rendered to the citizens of Chesterfield County. ~.~D~nald.l. Kaplb"¢l ' ' '/: Title: Director. Public Affairs Attachments: Yes ~ No o, 01 RECOGNIZING THE 20TH ANNIVERSARY OF THE CHESTERFIELD PROFESSIONAL FIREFIGHTERS ASSOCIATION WHEREAS, the Chesterfield Professional Firefighters Association (CPFFA), Local 2803, International Association of Firefighters, had its charter issued on November 13, 1980; and WHEREAS, the philosophy of the CPFFA is to serve the citizens of Chesterfield County, protecting their health, welfare and property while taking care of its members as they safeguard the community; and WHEREAS, the CPFFA has developed a strong partnership with the leadership of the Chesterfield County Fire Department in order to jointly pursue issues of mutual concern, including those regarding safety and health; and WHEREAS, the CPFFA purchased the first Personal Alert Safety System (PASS) devices and donated them to the County, which are lifesaving devices used by firefighters when they enter a contaminated area using self-contained breathing apparatus to locate downed or trapped firefighters by automatically activating a high decibel tone that lets other firefighters pinpoint their location; and WHEREAS, CPFFA members have been integrally involved in many process action teams and committees, along with representation on the Quality Council, to help improve working conditions and service delivery by using Total Quality Improvement tools; and WHEREAS, CPFFA helps to develop community coalitions by supporting such noteworthy organizations as the Old Dominion Professional Firefighters Burn Foundation; the Muscular Dystrophy Association; the Jerry Lewis Telethon; the Central Virginia Burn Camp -- a summer camp for children with burn injuries; the Chesterfield County Fire and EMS Department's Life Safety Fund and Educational Trailer; and the Chesterfield County Fire Department's Fourth Grade Program. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby congratulates the Chesterfield Professional Firefighters Association on its 20th anniversary, expresses its gratitude for CPFFA's outstanding contributions to public safety, and wishes the organization continued success. CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 2 AGENDA Meetin~l Date: November 8, 2000 Item Number: 8oAo Subject: FY2000 Results of Operations County Administrator's Comments: County Administrator: Board Action Requested: Approve the actions for year-end FY2000 Results of Operations as outlined below. Summary of Information: Undesignated ending general fund balance at June 30, 2000 was $45.5 million compared to the budgeted estimate of $32.2 million. As outlined on the attachment, the addition to undesignated general fund balance is comprised of approximately $2.9 million in unspent appropriations and $10.4 million in revenue over the budget. Staff recommends approval of the following actions with respect to undesignated ending fund balance. General County recommendations: 1) Set a public hearing for December 20, 2000 to consider the re- appropriation in FY2001 of $1,813,525 for the purposes outlined on the attached. This figure includes the revisions for additional staffing in the Fire Department. 2) Designate $4,153,374 million in revenue over the revised budget and $135,725 in unspent appropriations for use in FY2002 for non-recurring items. Preparer: ~ L~,~ ~ ,~ t,'(_,~,([ Title: Director, Budget and Management Rebecca T. Dickson Attachments: Yes ~ No [# {",03 Meetin~l Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA November 8, 2000 Page 2 of 2 Summary of Information (cont.) School recommendations: 1) Set a public hearing for December 20, 2000 to consider the re- appropriation in FY2001 of $996,388 for non-recurring items. The requested public hearing is pending School Board approval anticipated November 14. 2) Designate $3,822,401 in additional property tax revenue over the revised budget for use in FY2002 for non-recurring items. During the FY2002 budget process, the School Board will identify non-recurring items associated with these funds. If all recommendations are approved, undesignated fund balance is projected to be $34,772,658 million through FY2002. Projected Fund Balance at June 30, 2000 Property Taxes Over the Budget Real Estate Public Service Personal Property Machinery and Tools Penalties/Interest Budgeted Excess for FY01 Fund Balance Total Property Taxes Over the Budget All Other Revenue over the Budget (net of reserves) Total Unspent Appropriations (net of reserves) $ 4,186,977 666,305 3,919,921 321,704 280,716 (1,509,400) $ 7,866,223 $ 2,573,827 $ 32,244,700 $ 10,440,050 $ 2,945,638 Proposed Uses: To Schools: Use in FY2001--for non-recurring items Unspent Appropriations (net of state sales tax shortfall) Use in FY2002--for non-recurring items Property Taxes after FY2002 Fund Balance Addition & Tax Relief $ 996,388 $ 3,822,401 To County: Use in FY2001 (Unspent Appropriations) Budget Adoption and related issues: Fire- Staffing for Forest View Staffing for Enon/Rivers Bend Career Development Staffing-12 positions (per memo) Staffing-Manchester VRS (per memo) Parks and Recreation-New Facilities, Capital and Other Police-Surveillance van and Chester Precinct Costs Libraries-Books/Electronic resources & Furnishings Other Issues: Audit of Educational Effectiveness-SchoolMatch study Department Relocation in Admin Building $ 152,000 200,400 91,400 217,000 241,000 171,600 110,000 327,200 $ 92,925 210,000 $ 1,510,600 $ 302,925 Use in FY2002--for non-recurring items Unspent Appropriations Property Taxes after FY2002 Fund Balance Addition All Other Revenue $ 135,725 1,443,822 2,573,827 $ 4,153,374 Undesignated Fund Balance Projected thru FY2002 * Reflects difference between Actual and Projected Fund Balance ($72,042) * May be revised January, 2001 $ 34,772,658 * CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 1 Meetin~l Date: November 8, 2000 Item Number: Subiect: Nominations/Appointments to the Youth Services Citizen Board County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to 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. Clover Hill District. Supervisor Warren recommends that the Board nominate and appoint Kirstie Bullock, a student at Clover Hill High School, to the Youth Services Citizen Board for a term from July 1, 2000 through June 30, 2001. Ms. Bullock meets all eligibility requirements to fill the vacancy and has indicated her 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:~ Title: Director, Youth Se~ices Attach ments: Yes O No MEMORANDUM TO: FROM: SUBJECT: DATE: The Honorable Ed Barber Board of Supervisors Lane B. Ramsey, County Administrator Appointments to the Youth Services Citizen Board November 1, 2000 The following individuals have expressed an interest in serving on the Youth Services Citizen Board: Corey Amado, a senior at James River High School, requests appointment for a term from July 1, 2000 through June 30, 2001. Brittany Eddy, a junior at James River High School, requests appointment for a term from July 1, 2000 through June 30, 2001. Mr. Amado and Ms. Eddy meet all eligibility requirements to fill the vacancies. The applications for these individuals were previously forwarded to you by Youth Services. If you would like additional information on these candidates, please contact Jana Carter at 796-7100. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: November 8, 2000 Item Number: 8. c. 1. Subject: To Appropriate Supplemental Federal Funding for Child Care Programs conducted by the Extension Service County Administrator's Comments: County Administrator: Board Action Requested: Acceptance of supplemental federal funding and appropriation of funds to continue the quality child care initiative. Summary of Information: During 1998-99 a quality child care program was initiated by the Extension Service with federal funds applied for by Social Services. The purpose of this project is to develop an initiative which focuses on assisting customers in selecting quality child care services. Components of the project include development of educational materials, conferences on quality child care for service providers, and presentations to parents on what to expect from child care providers. Due to the success of the first two years of the project, the funding has been renewed for '00 - '01. This $45,000 will be allocated to cover part time wages, educational supplies, local travel, conference expenses, and other supplies. Prepare Title: Director, Extension Service Attachments: [--~ Yes No # CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meetino Date: November 8. 2000 Number Bud.qet and Mana.qement Comments' This item requests acceptance and appropriation of federal grant funds in the amount of $45,000 for the continuation of the Quality Child Care initiative. The Extension Service will monitor the use of these funds. Preparer: Rebecca T. Dickson CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 3 Meetin~l Date: November 8, 2000 Item Number: 8.c.2. Subject: Award Contract to Interstate Construction Corporation for Airport Improvement Projects and Appropriation of $36,940 in State Grant Reimbursement County Administrator's Comments: County Ad m i n istrato r~-'~"e'°~4'~l~&~ Board Action Requested: As outlined below, authorize the County Administrator to award contract to Interstate Construction Corporation for Airport Improvement Projects, and to appropriate $36,940 in state grant reimbursement. Summary of Information: On March 15, 2000, the Board accepted and authorized a state grant for construction of helipads at the Chesterfield County Airport totaling $120,000. On May 24, 2000, the Board authorized a state grant for hangar site preparation and t-hangar taxiway in the amount of $144,000. The local match for these grants totaled $66,000, which was available in the airport capital project account. Approved and included in the adopted FY01-05 CIP was the construction of twenty new t-hangars in the amount of $430,000. The total currently appropriated for these projects is $760,000. projects to $796,940) associated costs. Preparer: ~//~ ~en~. Attachments: ~ The bids have been received and an additional $36,940 in state grant reimbursement needs to be appropriated (bringing the total cost of these ~er to have sufficient funds budgeted to cover all / Title: Director, Aviation Services ~bro No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 Meetin~l Date: November 8, 2000 Summary of Information: (Continued) Item Number: Staff requests permission to award the contract for the t-hangar site preparation, t-hangar erection, construction of helipads, and t-hangar floor foundation and floor slab to Interstate Construction Corporation in the amount of $528,783. This item requests Board approval to award the contract to the lowest bidder and to enter into the necessary contracts and appropriate $36,940 in state grant reimbursement. Recommendation: Staff recommends that the Board of Supervisors: 1. Authorize the County Administrator to enter into contract with Interstate Construction Corporation for t-hangar site preparation, t-hangar erection, construction of helipads, and t-hangar floor foundation and floor slab. 2. Appropriate an additional $36,940 in state grant reimbursement. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Meetino Date: November 8. 2000 Number Bud.qet and Mana.clement Comments' This item requests award of a contract to construct helipads and erect twenty T-hangars at the Chesterfield County Airport. The Board has previously accepted and appropriated State grant funds, transferred the local required matches, and appropriated lease/purchase proceeds as the funding source for the purchase and erection of the T-hangars as stated in the summary section of this item. Based on bids received, an additional $36,940 in State grant reimbursement needs to be appropriated to cover all associated costs with these projects. The sources and uses table that follows details the funding sources and planned expenditures. Sources: Certificates of Participation State grant Local match Total Sources: $415,000 301,870 80,070 $796,940 Uses: Purchase of T-hangar building Construction of helipads, erection of hangars, site work Engineering, contingency, miscellaneous Total Uses: $174,400 528,783 93,757 $796,940 The Airport has already accepted three month deposits on 18 of the 20 new T-hangars. The Airport also has a waiting list of individuals who would like to rent hangar space and anticipates no problem renting the remaining two. This revenue will cover the debt service costs associated with the financing of these projects. Preparer: Rebecca T. Dickson Title: Director, Bud,qet & Management CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 1 Meetin~l Date: November 8, 2000 Item Number: 8. c. 3. a. Subject: Resolution Recognizing the Dale Ruritan Club County_ Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution Summary. of Information; Mr. Miller requested that the following resolution be adopted. This resolution is in recognition of the Dale Ruritan Club and its members, for their dedication' and contribution of hundreds of man hours generously given to Chesterfield County residents and surrounding areas. Preparer:/" ~/~;%-~-~( ~~'~i~,~ Title: Director, Public Affairs J. Kappel Attachments: Yes ~ No C13 RECOGNIZING THE DALE RURITAN CLUB FOR ITS DEDICATED COMMUNITY SERVICE WHEREAS, Ruritan is a national service organization; and WHEREAS, the Dale Ruritan Club was chartered on October 27, 1955 with 35 members; and WHEREAS, through the years since its founding, the Dale Ruritan Club has conducted barbecues, seafood festivals, auctions and numerous other fund-raising activities; and WHEREAS, these activities have enabled the members of the Dale Ruritan Club to complete many community service projects; and WHEREAS, more than 800 hours of donated time and $15,000 have already been provided to the community in 2000; and WHEREAS, the Dale Ruritans have earned many district and national awards. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors expresses its appreciation to the members of the Dale Ruritan Club, commends them on their dedicated service to the community in which they live, and wishes the members of the Dale Ruritan Club continued success in all their future endeavors. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of ! Meetin~l Date: November 8, 2000 Item Number:s.c. 3.b. 1. Subject: Resolution Recognizing Commander Paul E. Galanti, U.S. Navy (Retired) County_ Administrator's Comments: County Administrator: ~ Board Action ReQuested: Adoption of the attached resolution Summary. of Information: Mr. McHale requested that the following resolution be adopted. This resolution is in recognition of Commander Paul E. Gallanti's outstanding and courageous military career during the Vietnam War, including numerous awards such as the Silver Star, two Legions of Merit for combat and two Purple Hearts. Title: Director. Public Affairs Attachments: Yes ~ No RECOGNIZING COMMANDER PAUL E. GALANTI, U.S. NAVY /RETIRED) ON VETERANS DAY WHEREAS, Commander Paul E. Galanti, U. S. Navy (Retired) graduated from the U. S. Naval Academy in 1962; and WHEREAS, Commander Galanti subsequently underwent flight training and advanced flight training; and WHEREAS, Commander Galanti was assigned to Navy Light Jet Attack Squadron 216 aboard the carrier USS Hancock in November 1964; and WHEREAS, Commander Galanti flew 97 co,bat missions in Southeast Asia before being shot down and captured on June 17, 1966; and WHEREAS, Commander Galanti remained a prisoner of war of the North Vietnamese under arduous conditions for nearly seven years, and was released on February 12, 1973; and WHEREAS, Commander Galanti went on to serve as Executive Officer of the Navy Recruiting District in Richmond, Virginia, and later, as its Commanding Officer; and WHEREAS, in July 1979, Commander Galanti was assigned to the U.S. Naval Academy as a Battalion Officer responsible for the training of 750 academy midshipmen; and WHEREAS, in Commander Galanti's military career he earned the Silver Star; two Legions of Merit for corabat; the Meritorious Service Medal; the Bronze Star; nine Air Medals; the Navy Commendation Medal and two Purple Hearts; and WHEREAS, Commander Galanti retired from the Navy and went on to a successful second career as Executive Director of the Virginia Pharmaceutical Association; and WHEREAS, in all his service to his country and afterward, Commander Galanti distinguished himself by his courage, patriotism and "can do" attitude. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the outstanding valor, patriotism and spirit of Commander Paul E. Galanti, U.S. Navy (Retired), expresses appreciation for his service to our nation, and wishes him continued good health and happiness in all his future endeavors. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of J. Meeting Date: November 8, 2000 Subject: Resolution Recognizing Phyllis E. Galanti County_ Administrator's Commerlt$; Item Number:8. c. 3. b. 2,i, County Administrator: Board Action Requested; Adoption of the attached resolution Summary_ of Information: Mr. McHale requested that the following resolution be adopted. This resolution is in recognition of Ms. Galanti's dedication in having served on numerous commissions and boards, including the National League of Families of Prisoners and MIAs in Southeast Asia; support for the American POWs; and for her commitment to this nation and its citizens. Preparer: Attachments: Yes ~ No RECOGNIZING MRS. PHYLLIS E. GALANTI ON VETERANS DAY WHEREAS, Mrs. Phyllis E. Galanti is married to Commander Paul E. Galanti, U. S. Navy (Retired); and WHEREAS, Mrs. Galanti's courage, devotion and patriotism were unwavering during the nearly seven years of her husband's captivity in North Vietnam after he was shot down on June 17, 1966 while on his 98th combat mission; and WHEREAS, Mrs. Galanti served as Chairman of the National League of Families of Prisoners and MIAs in Southeast Asia; and WHEREAS, Mrs. Galanti appeared many times on national television on that group's behalf; and WHEREAS, Mrs. Galanti organized a letter drive in Richmond that resulted in 450,000 letters being sent to the North Vietnamese protesting their treatment of American Prisoners of War (POWs); and WHEREAS, Mrs. Galanti met with North Vietnamese leaders in Sweden and France as an official envoy from the National League of Families; and WHEREAS, Mrs. Galanti is Founding Director, the Women's Bank; and WHEREAS, Mrs. Galanti served on the Virginia Fine Arts Commission and as a member of the Women's Board, Boys Club of Richmond; and WHEREAS, among her many noteworthy activities, Mrs. Galanti served on the Virginia War Memorial Commission, the National Women's Coalition, the Board of Directors of the Memorial Foundation for Children, the Board of Directors for The Virginia Home, and dedicated herself and her energies to many other service-oriented organizations. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the outstanding devotion, patriotism and strength of character exhibited by Mrs. Phyllis E. Galanti, and expresses appreciation for her commitment to this nation and all its citizens. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~l Date: November 8, 2000 Subject: Resolution Recognizing Mr. Jack B. Wilbourne Count_v Administrator's COmments: Item Number:s.c. 3.b. 3. County Administrator: Board Action Requested: Adoption of the attached resolution Summary_ of Information: Mr. McHale requested that the following resolution be adopted. This resolution is in recognition of Mr. Wilbourne's courage and patriotism to his country in World War II and his commitment to excellence in all his endeavors. Preparer: ~...-~..-,~,--~ Director, Public Affairs ~Donald 3. Ka~ /'~/~/~ Attachments: Yes ~ No RECOGNIZING HR. JACK B. WILBOURNE ON VETERANS DAY WHEREAS, Mr. Jack B. Wilbourne graduated from Andrew Lewis High School in Salem, Virginia; and WHEREAS, Mr. Richmond; and Wilbourne also graduated from the University of WHEREAS, during World War II, Mr. Wilbourne served as a Lieutenant and Navigator on a B-17 Flying Fortress bomber stationed in England with the 95th Bomber Group; and WHEREAS, Mr. Wilbourne flew 30 combat missions over Germany, and, with his crew mates, was formation leader and first over the target; and WHEREAS, Mr. Wilbourne was awarded the Air Medal with five Oakleaf Clusters and the Distinguished Flying Cross; and WHEREAS, after the war, Hr. Wilbourne returned to the University of Richmond and excelled both academically and on the football field; and WHEREAS, Mr. Wilbourne is a member of the University of Richmond Athletic Hall of Fame; and WHEREAS, Mr. Wilbourne is a resident of Chesterfield County. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes Mr. Jack B. Wilbourne's courageous and patriotic contributions to his nation and his commitment to excellence in all his pursuits, expresses the good fortune of Chesterfield County to have him as a resident, and wishes him continued success. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I ofl Meetin~l Date: November 8, 2000 Item Number:8.c. 3.b. 4. Subject: Resolution Honoring The Late Colonel Carl L. sitter, USMC (Ret.) County Administrator's Comments; County Administrator: Board Action Requested: Adoption of the attached resolution Summary. of Information: Mr. Ramsey requested that the following resolution be adopted. This resolution is to honor and recognize the late Colonel Carl L. sitter, USMC (Ret.) for his bravery and patriotism during the Korean conflict, which earned him the Medal of Honor. Preparer: le: /,'I~onalc~ J. Kappel / ' ' ~ ~, Director, Public Affairs Attachments: Yes [---] No HONORING THE LATE COLONEL CARL L. SITTER, UNITED STATES MARINE CORPS (RETIRED) ON VETERANS DAY, NOVEMBER 11, 2000 WHEREAS, November 11 is recognized each year as Veterans Day across the nation, and this day is dedicated to all those military men and women who served the United States of America, particularly in time of war; and WHEREAS, the late Colonel Carl L. Sitter, United States Marine Corps, (Retired), served in the United States Marine Corps during World War II and the Korean conflict, earning various medals for his service; and WHEREAS, then-Captain Sitter was in command of Company G, 3d Battalion, 1st Marines, at Hagaru-ri, Korea, when his unit was confronted by a much larger force of the Chinese army; and WHEREAS, Captain Sitter continuously exposed himself to enemy fire as he urged his men forward to reinforce his battalion; and WHEREAS, Captain Sitter, despite receiving hand grenade shrapnel wounds to his face, arms and chest, successfully led his company to its objective; and WHEREAS, Captain Sitter and his company of Marines repulsed a major counter-attack that included fierce hand-to-hand fighting with Chinese soldiers during the night; and WHEREAS, Captain Sitter earned the Medal of Honor for his valor during this engagement; and WHEREAS, after the war, Captain Sitter remained on active duty, and went on to earn the rank of Colonel while serving a total of 30 years on active duty; and WHEREAS, Colonel Sitter later became an employee of the Defense General Supply Center and served there for many years until his retirement; and WHEREAS, Colonel Sitter was a founding member of the Chester Rotary; and WHEREAS, Colonel Sitter died April 4, 2000, and is survived by his wife, Ruth, three children and six grandchildren; and WHEREAS, Colonel Sitter was a Chesterfield County resident at the time of his death. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the valor and patriotism of the late Colonel Carl L. Sitter, and the good fortune of Chesterfield County in having had the honor of having him as a resident, and extends to his family on this Veterans Day 2000 the sincere gratitude of this Board of Supervisors for his service to his country. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 ofl Meeting Date:,,~ NOVEMBER 8, 2000 .......... Subject: Resolution Recognizing Felix Gonzalez, November 1, 2000 County Administrator's Comments: Jr./ Item Number: 8.C. Upon His Retirement County Administrator: ~ Board Action Requested: Adoption of Resolution Jr. for 22 years of service to the Chesterfield Summary of Information: recognizing Felix Gonzalez, County Sheriff' s Office. Preparer:, , Clarence G. Wi[~liams, Jr. Title:Sheriff Attachments: Yes No RECOGNIZING MR. FELIX GONZALEZ, JR. UPON HIS RETIREMENT WHEREAS, Mr. Felix Gonzalez, Jr. began his public service with Chesterfield County as a Deputy Sheriff on February 1, 1979 and has faithfully served the County for twenty-two years; and WHEREAS, by providing quality public service, Mr. Gonzalez has symbolized the type of employee Chesterfield County seeks; and WHEREAS, Mr. Gonzalez sets the standard for professionalism in his conduct, initiated the Sheriff's Office Color Guard and was an active member for four years, and performed the duties of the supervisor in the Lock-Up Transportation Section when required; and WHEREAS, Mr. Gonzalez has further improved the quality of life for Chesterfield County's citizens by participating as a Special Police Officer for three years; and WHEREAS, Mr. Gonzalez is a veteran of the Vietnam War and faithfully served in the National Guard for 25 years; and WHEREAS, Mr. Gonzalez has always gone beyond the call of duty to serve the citizens of Chesterfield County in his capacity as a Deputy Sheriff. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Mr. Felix Gonzalez, Jr., expresses the appreciation of all residents for his service to the County, and extends their appreciation for his dedicated service, their congratulations upon his retirement, and their best wishes for a long and happy retirement. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 ofl Meetin~l Date: November 8, 2000 Item Number: 8.c.3.d. Subject: Resolution Recognizing November 11, 2000 as'~eterans Da~' County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution Summary. of Information: Mr. Ramsey requested that the following resolution be adopted. This resolution is to honor the memory of all those who have made the supreme sacrifice for our nation and its citizens. Preparer: Donald Title: Director, Public Affairs Attachments: Yes [---] No RECOGNIZING NOVEMBER 11, 2000 AS "VETERANS DAY" WHEREAS, Armistice Day commemorated the signing of the armistice that ended World War I; and WHEREAS, President Woodrow Wilson changed the name to Veterans Day in 1954; and WHEREAS, Veterans Day was proclaimed from that time forevermore to be an annual day of mourning for all those who have fallen in all U.S. wars; and WHEREAS, Chesterfield County has lost some of its own citizens in war; and WHEREAS, it is fitting to affirm our respect and support for the sacrifices of our military men and women; and 11. WHEREAS, Veterans Day is observed this year on Saturday, November NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes November 11, 2000 as "Veterans Day" and honors the memory of all those who have made the supreme sacrifice for our nation and its citizens. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: November 8, 2000 Item Number: 8.C.3.e. Subject: Approval of Joint Powers Agreement Resolution for County to Participate in Pilot Project to Purchase Electricity Competitively County Administrator's Comments' County Administrator: Board Action Requested: The Board of Supervisors is requested to approve the attached Joint Powers Agreement Resolution and authorize the County Administrator to execute the attached Joint Powers Agreement and the Electricity Supply Service Agreement. Summary of Information: Pursuant to recent state legislation which will ultimately deregulate all electricity purchases in Virginia, Virginia Power has offered local governments the opportunity to participate in a pilot project to purchase electricity from competing electricity suppliers. The project will run for two years beginning January 1, 2001 and ending December 31, 2002. Participation in the project is voluntary. If a locality wishes to participate, its governing body must approve a resolution allowing the locality to enter into a "Joint Powers Agreement" (JPA). Upon execution of the JPA, electricity suppliers will be solicited by the VML/VACO Virginia Power Steering Committee to offer bids to provide electricity generation for up to 117,000,000 kwh per year. As a part of the bid, each supplier will be asked to reflect a cost savings compared to the rates currently charged by Preparer:~ ~~'~ ....... Title:Director, General Services 0423:51143.1(51133.1,51136.1,51139.1) Attachments: Yes ~ No Meeting Date: · HESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA November 8, 2000 Item Number: Page 2 of 2 Virginia Power. If the bids are lower than current electricity charges, the locality may accept the bid from the supplier and enter into an Electricity Supply Service Agreement. If the bids are higher, the locality can continue to purchase electricity from Virginia Power at current rates. It is possible that the County will not receive bids on some or any of the Chesterfield County potential electricity accounts. Twelve schools and four non-school accounts have been identified in Chesterfield County for possible participation. These accounts have a combined annual electricity expenditure of approximately $2,495,000. Suppliers will be required to guarantee the reliability of their electricity supply and electricity will flow through Virginia Power transmission and distribution lines. The costs for bid preparation and management of the project will cost the VML/VACO Virginia Power Steering Committee approximately $40,000. Participating localities will be required to return up to 25% of their savings to the Steering Committee to reimburse this cost but the total reimbursement from all localities is capped at $40,000. Participation in the pilot project involves little or no risk and may result in savings of up to 10% of the current costs for selected accounts. At any time localities may elect to opt out of the pilot project and return their accounts to the Virginia Power rate schedule. The pilot will be a good test of how retail competition will work and it is recommended that Chesterfield County participate. The attached draft Resolution, Joint Powers Agreement and Electricity Supply Service Agreement have been approved as to form by the County Attorney. If the Board wishes to participate in this pilot project the Board should approve the Resolution and authorize the County Administrator to execute the Joint Powers Agreement and the Electricity Supply Service Agreement on the County's behalf. Henrico County, Virginia Beach and other large urban counties have or will be passing similar resolutions to participate in the Joint Powers Agreement under the auspices of the VML/VACO Virginia Power Steering Committee. Attachment for Item 8.C.3.e. RESOLUTION APPROVING JOINT POWERS ASSOCIATION AGREEMENT WHEREAS, the VHL/VACo Virginia Power Steering Committee (the "Committee"), composed of representatives of the County of Chesterfield and other municipalities and political subdivisions of the Commonwealth, has for over several decades negotiated on behalf of such governmental units their purchase of electricity supply from Virginia Power as a sole source provider; and WHEREAS, Section 15.2-1300, et seq. of the Virginia Code (the "Joint Powers Act") authorizes political subdivisions to exercise jointly powers they otherwise are authorized to exercise independently, under the terms and conditions set forth in the Joint Powers Act; and WHEREAS, the Electric Utility Restructuring Act (the "EUR Act") further authorizes municipalities and other political subdivisions in the Commonwealth to aggregate their electricity supply requirements for the purpose of their joint purchase of such requirements from licensed suppliers, and the EUR Act provides that such aggregation shall not require licensure; and WHEREAS, the Virginia Public Procurement Act (the "Procurement Act") exempts from its competitive sealed bidding and competitive negotiation requirements (the "Requirements") the joint procurement by public bodies, utilizing competitive principles, of electricity supply purchased through member associations under the conditions set forth in the Procurement Act; and WHEREAS, the Committee has voted unanimously to fund an effort to aggregate local governmental purchases of up to approximately 117,000,000 kwh of annual electricity supply {the "Supply") from competitive licensed suppliers during a pilot period commencing no earlier than January 1, 2001, and extending through no later than December 31, 2002 (the "Pilot Period"); and WHEREAS, the Committee recommends (i) the aggregation and joint procurement of the Supply as provided in the form of the Joint Powers Association Agreement, a copy of which is attached to and made a part of this Resolution (the "Joint Powers Agreement"); (ii) that one or more requests for proposals ("RFP") be issued requesting licensed suppliers (the "Proposers") to submit proposals (the "Proposals") to furnish the Supply to the interval accounts (the "Accounts") selected by the Proposers from among approximately 200 interval accounts of the municipalities and other political subdivisions that presently purchase electricity supply from Virginia Power; (iii) that for the Accounts selected, approximately 30% of the kwh shall be for schools on Virginia Power's Rate Schedules 100 and 110 and approximately 70% of the kwh shall be for non-schools on its Rate Schedule 130; and (iv) that a contract or contracts for the furnishing of the Supply be awarded to the Proposer (or Proposers) by considering which Proposals best (i) meet the requirements and conditions of the RFP; (ii) offer the greatest dollar savings for the aggregated group as a whole; and (iii) offer a price for each Account selected that is projected to be lower than the projected price that would otherwise obtain applying the Virginia Power supply rate under which the Account would otherwise be served; and WHEREAS, the Committee has agreed to provide funds from its operating budget in an amount not to exceed $40,000 to pay the fees and expenses of its counsel, Christian & Barton, L.L.P., and its utility consultant, the Columbia Group, to prepare the documents necessary for the aggregation, the RFP process, the evaluation of the Proposals, and the award and execution of the contract or contracts on behalf of the municipalities and political subdivisions owning the Accounts for which the Supply will be furnished; and WHEREAS, the Committee recommends that the municipalities and political subdivisions participating in the aggregation process agree to contribute back to the Committee's budget up to 25% of the estimated savings projected to be realized with respect to such of their Accounts, if any, for which the Supply is to be furnished during the Pilot Period, provided that the aggregate of such contributions back to the Committee shall not exceed $40,000; and WHEREAS, the Committee recommends that the aggregation and procurement of the Supply for the Pilot Period be effectuated as provided in the Joint Powers Agreement utilizing competitive principles pursuant to an exemption from the Requirements; and WHEREAS, the procurement of the Supply through the Joint Powers Agreement is structured such that the projected costs of the electrical energy requirements of Chesterfield County can only be less than such costs would otherwise be under otherwise applicable rates, and it has heretofore been determined on behalf of Chesterfield County that competitive sealed bidding and competitive negotiations by Chesterfield County for such of the Supply as may be applicable to any of its Accounts are not fiscally advantageous to the public; and WHEREAS, it appearing to the Board of Supervisors of Chesterfield County that the joint procurement of the Supply pursuant to the Joint Powers Agreement is otherwise in the best interests of Chesterfield County. NOW, THEREFORE, BE IT HEREBY RESOLVED that: (1) The aggregation and joint procurement of the Supply during the Pilot Period pursuant to the Joint Powers Agreement is hereby approved. (2) The Joint Powers Agreement and the performance of the terms and conditions thereof on behalf of Chesterfield County are hereby authorized and approved. (3) The County Administrator is hereby authorized and directed to execute and deliver the Joint Powers Agreement on behalf of Chesterfield County in substantially the form presented to this meeting. (4) The return to the Committee of up to 25% of any savings projected to be realized by Chesterfield County on any of its Accounts, as provided in and subject to the overall limitation set forth in the Joint Powers Agreement, is hereby authorized and approved. (5) The payment obligations of Chesterfield County pursuant to the provisions hereof and the Joint Powers Agreement shall be subject to annual appropriation of requisite funds therefor by the County of Chesterfield. (6) This Resolution shall take effect immediately. And, further, the Board authorized the County Administrator to enter into a Joint Powers Association Agreement and an Electricity Supply Service Agreement. DRAFT C&B Draft: 09/15/00 VIRGINIA GOVERNMENTAL ELECTRICITY PURCHASING ASSOCIATION JOINT POWERS ASSOCIATION AGREEMENT THIS AGREEMENT ("Agreement"), made and entered into as of the ~ day of ,2000, by and among the local governments and other political subdivisions of the Commonwealth of Virginia which are signatories hereto and more particularly identified on Schedule B hereto (each a "Member" and, collectively, the "Members"). WITNESSETH: WHEREAS, the Members are each authorized by law to acquire electric utility services as necessary or appropriate for the operation of their respective public facilities; and WHEREAS, Virginia Code § 15.2-1300 (the "Code") provides that any power, privilege or authority exercised or capable of being exercised by a political subdivision of the Common- wealth of Virginia may be exercised and enjoyed jointly with any other political subdivision of the Commonwealth having a similar power, privilege or authority except where express statutory procedure is otherwise provided for the joint enterprise; and WHEREAS, the Code authorizes two or more political subdivisions to enter into agreements with one another for such joint action and to appropriate funds and sell, lease, give or otherwise supply such property, personnel or services therefor as may be within their legal power to furnish; and WHEREAS, the Members, pursuant to the authority granted in the Code, desire to create a joint powers association (the "Association") and associate as members hereunder with the assistance of the Consultant and Com~sel (identified below) for the purposes, among other things, of promoting the interest and welfare of the Members, and developing a closer relation among them, all as hereinafter more particularly set forth; and WHEREAS, Virginia Electric and Power Company ("Virginia Power") has agreed in principle to permit localities purchasing energy from Virginia Power ("Virginia Power Localities") to participate in a pilot program ("Pilot Program") whereby the Virginia Power Localities may purchase up to 117,000,000 kWh of their annual electricity supply ("Supply") commencing no sooner than January 1,2001, and continuing through no later than December 31, 2002, from one or more competitive licensed suppliers ("Suppliers"); and WHEREAS, the VML/VACo Virginia Power Steering Committee, which is composed of representatives of municipalities and other political subdivisions of the Commonwealth, including the Members ("Committee"), with the advice and consultation of the Consultant and Counsel, has assisted the Virginia Power Localities in connection with the negotiation of contracts for the supply of electricity, and the Committee has recommended that the Virginia Power Localities aggregate their purchases for the Pilot Program pursuant to one or more requests for proposals ("RFP") to provide electricity service to the accounts (the "Accounts") selected by the Suppliers from among approximately 200 interval accounts with a total kWh of approximately 1 billion kWh as identified on Schedule A hereto (the "Member Accounts") with the specifications (the "Specifications") that the contract or contracts awarded for the Pilot Program (the "Pilot Program Contracts") will (a) serve up to approximately 117,000,000 kWh on an annual basis for all or any portion of the period commencing no earlier than January 1, 2001, and ending no later than December 31, 2002 (the "Pilot Period") and (b) be allocated so that approximately 30% of the 117,000,000 kWh will be allocated to schools on Virginia Power Rate -2- Schedules 100 and 110 and approximately 70% of the 117,000,000 kwh will be allocated to non-schools on Virginia Power Rate Schedule 130; and WHEREAS, the Committee has further recommended that the Virginia Power Localities whose electricity accounts are included within the Member Accounts form a membership association pursuant to the authority granted to localities under the Code; and WHEREAS, the Members consist of all or a portion of the Virginia Power Localities whose electricity accounts are included within the Member Accounts; and WHEREAS, the Members desire to use an RFP process that will permit them during all or any portion of the Pilot Period to aggregate their purchases of the Supply from one or more Suppliers using competitive principles; and WHEREAS, the Members desire the continued assistance of the Committee, the Consultant and Counsel in connection with the matters to be undertaken by the Association. NOW, THEREFORE, in consideration of the premises and the undertakings hereinafter stated, the Members agree as follows: 1. Name. The undertaking of the Members hereunder shall be named and designated as the Virginia Governmental Electricity Purchasing Association (hereinafter the "Association"). 2. Term of the Agreement. This Agreement shall be effective for the period commencing on the date hereof (with each Member to adopt the Agreement on or after such commencement date) and shall terminate upon the earlier of (a) completion of the RFP process and, as applicable, the completion of the Pilot Program and any matters necessary to wind up the administration of the Pilot Program, or (b) a vote by 75% of the members of the Board (as - 3- ~ '3 [~7 defined below in this Agreement) to turn over the administration of the Pilot Program to a successor association. 3. Purpose of the Agreement. The Members enter into this Agreement for the purpose of acting jointly to promote their interests and welfare and to promote the interest and welfare of, and develop close relationships with, similar public bodies. This promotion and development shall consist of the following actions undertaken by the Association as the agent for the Members: (a) issuance of one or more RFPs, (b) evaluation of responses to the RFP, (c) award of one or more contracts to one or more Suppliers, if any, whose responses are selected pursuant to the evaluation of such responses in accordance with the terms of this Agreement, and (d) the administration of any Pilot Program Contracts that may be awarded pursuant to the RFP. All such actions by the Association shall be done with the advice and consultation of the Consultant and Counsel and approved by the Board. 4. Purchase of the Supply. (a) After evaluating any responses submitted by Suppliers to the RFP, the Board shall determine what contracts, if any, should be awarded for the purchase of the Supply for the Accounts for the Pilot Period. The purchase of the Supply shall be made pursuant to the exemption from competitive sealed bidding and competitive negotiation as set forth in Virginia Code Section 11-45.G of the Virginia Public Procurement Act (the "Act") using competitive principles, and, to the extent applicable, other relevant provisions of the Act. Each Member agrees, subject to annual appropriation, to purchase its respective share of the Supply for its Accounts selected by the successful Supplier(s) from among the Member Accounts and to pay therefor the rate for such Accounts negotiated in the procurement process for the Supply, subject to the provisions of subsection (b) of this Section 4. No member shall be liable or responsible -4- for any payments owed the successful Supplier(s) under any contract(s) for any portion of the Supply by any other Member with respect to the Account of any such other Member. (b) The Board shall determine which one or more of the responses to the RFP, if any, (i) best meets the requirements and conditions of the RFP, (ii) offers the greatest projected savings, in aggregate, for all or some portion of the Supply, (iii) meets the Specifications and (iv) proposes a price for each Account to be served under any Pilot Program Contract that is projected to be lower than the projected price that would otherwise pertain when applying the Virginia Power supply rate under which the Account would otherwise be served (the "Virginia Power Rate"). (c) The Pilot Program Contracts awarded hereunder by the Association for the purchase of the Supply shall be executed by the Chairman or the Vice Chairman of the Association on behalf of the Members owning the Accounts to be served under the Pilot Program Contracts subject to approval by the local government attorney representing the member. (d) The Association shall cause to be communicated to other municipalities and political subdivisions in the Commonwealth the advantages of this Agreement with a view to furthering their economic interests in the aggregation and procurement of electricity services on a competitive basis. 5. Governance. (a) The Board. The Association shall be governed by a Board (the "Board") that shall initially consist of the primary representatives of the Members listed on Schedule B hereto. The Members listed on Schedule B may also appoint a secondary representative who may attend all meetings of the Board, but who shall not have voting privileges unless the primary representative of the Member shall be absent. The Board shall have power to decide all matters relating to the Association's activities and operations, subject to the provisions set forth herein. Whenever any Member withdraws from the Association in accordance with this Agreement, that Member shall no longer have any representation on the Board. (b) Meeting of the Board. The Board shall meet at such times and places within the Commonwealth of Virginia as shall be designated by the Chairman. Three working days' notice by fax or E-mail shall be given in advance of all Board meetings. (c) Officers of the Board. Paul Proto is hereby designated as Chairman of the Board and Steve Sinclair is hereby designated as its Vice Chairman, to serve until the earlier of (a) the termination of the Association or (b) the submission of such officer's resignation or his removal and the election of a successor by the Board. The Chairman shall preside at all meetings of the Board, and in his absence, the Vice Chairman shall preside. Vacancies in such offices may be filled by the Board at any meeting. Steve Craig of the VML, or its designee, shall serve as the Board's secretary, but without vote. (d) Quorum. Twenty-five percent of the members of the Board shall constitute a quorum for any Board meeting. (e) Actions by the Board. All matters for action by the Board may be adopted upon the affirmative vote of a majority of the Members present and voting. (f) Consultant and Counsel. The Columbia Group is hereby initially designated as Consultant to the Association and Christian & Barton, L.L.P., is hereby initially designated as Counsel to the Association. 6. Budget of the Association. (a) There is hereby established a budget of $40,000 for the RFP process and the selection of and contracting with the successful Supplier, based upon an estimate therefor of $20,000 for the Consultant and $20,000 for Counsel, including fees and expenses. The budget shall be funded from amounts set aside by the Committee from its current operating budget. (b) Each of the Members owning any of the Accounts shall, subject to annual appropriation, contribute back to the Committee by December 31, 2001, for credit to the Committee's current operating budget an amount of up to 25% of such Member's savings projected to be realized from purchasing its respective share of the Supply for its Accounts compared to the amount that otherwise would be projected to be paid by applying the Virginia Power Rate for such Accounts; provided, that the aggregate of such contributions back to the Committee shall not exceed $40,000 total for all members. Such projected savings and contributions back to the Committee shall be reasonably determined by the Consultant following the award of the contract or contracts for the Supply and a written report thereof promptly delivered by the Consultant to the Committee and to each of the Members. Should the projected aggregate savings for all the Accounts exceed $160,000 (.25 x $160,000 = $40,000), the percentage of each Member's contribution back shall be adjusted by the Consultant in making its determinations by multiplying .25 by a fraction, the numerator of which shall be 160,000 and the denominator of which shall be the sum of the projected savings for all the Accounts. No Member shall be required to pay any portion of any contribution back assessed to, but unpaid by, any other Member. (c) The Association shall not create or incur any liability for the Members, jointly or severally, other than (i) the costs incurred by any Member in paying for any Accounts of the Member that are served under any Pilot Program Contracts and (ii) the reimbursement owed to the Committee pursuant to subsection (b) above. 7. Withdrawal of Members. A Member may withdraw from the Association effective upon the earlier of (a) notice from the Association that no Pilot Program Contract will serve any of the Member's Member Accounts, or (b) notice from the Association that the term of all Pilot Program Contracts serving any of the Member's Member Accounts has expired and the Member has reimbursed the Committee for any amounts owed under Section 6(b) of this Agreement. 8. Notices. Unless otherwise provided for herein, notices, approvals, requests, consents and other communications under this Agreement shall be in writing and shall be deemed to have been given when delivered in person, by fax or by E-mail or mailed by first class, registered or certified mail, postage prepaid, addressed to the primary representatives of the Members at the addresses shown on Schedule B. The Members may designate by notice given hereunder any further or different addressees or addresses to which subsequent communications under this Agreement shall be sent. 9. Execution of Multiple Ori§inals. This Agreement may be executed by the Members in multiple original counterparts, each of which shall be deemed to be an original and all of which together shall be deemed to be one and the same instrument. WITNESS the following signatures, effective as of the date first above written. MEMBERS: By: Title: [TO BE COMPLETED] #530251.10 0423:51133.1 -9- SCHEDULE A SCHEDULE OF ACCOUNTS [to come] SCHEDULE B LIST OF BOARD MEMBERS Members Designated members of the Board [to come] 10/4/00 Draft ELECTRICITY SUPPLY SERVICE AGREEMENT THIS SERVICE AGREEMENT ("Agreement") is effective as of December_, 2000 between ., a corporation ("Company"), and [Name of Local Government Entity] ("Customer"). WHEREAS, the Customer is a member of the Virginia Governmental Electricity Purchasing Association (the "Association"); and WHEREAS, the Association issued a request for proposals for the competitive procurement of electricity services for local government accounts that were eligible to participate in a pilot program, and one or more of the Customer's accounts was included in the pilot program accounts; and WHEREAS, the Association selected the Company to service one or more of the Customer's pilot program accounts in accordance with Company's response to the Association's request for proposals; and WHEREAS, the Chairman or Vice Chairman of the Association is authorized to execute this Agreement on behalf of the Customer. NOW, THEREFORE, the Customer and Company agree that one or more of the Customer's pilot program account shall be enrolled with Company for purposes of receiving the following services: t. ENERGY REQUIREMENTS. Customer agrees to purchase, subject to annual appropriations, and Company agrees to deliver, all of Customer's electric energy requirements for the account(s) listed on Schedule A (the "Accounts") on a firm basis subject to the tariffs and acceptance of Customer's utility and the transmission utilities or agencies serving such utility including but not limited to force majeure and transmission curtailment (the "Requirements"). The Requirements shall include all services previously provided by Virginia Power and Electdc Company ("Virginia Power") to Customer as purchaser of Virginia Power's bundled retail electdc services, except that the Requirements shall not include the unbundled distribution and metering services that are to be provided under the applicable tariff by Virginia Power (the "Distribution Services") or billing for such Distribution Services. Customer hereby designates Company to Customer's electdc distribution company ("EDC") as an authorized recipient of Customer's current and historical energy billing and usage data and authorizes Company to take such action it deems necessary to effectuate the purposes of this Agreement. 2. TERM. The initial term will commence on the date set forth above and, except as otherwise provided herein, Company will commence its provision of the Requirements and will end its provision of the Requirements on the actual meter reads in the months specified in Schedule A. 3. ENERGY PRICE. Company will provide electricity under the terms of this Agreement to the Account(s) at a fixed price per kWh of energy [[revise if using alternative pricing mechanism]] delivered to Customer as defined in the attached Schedule A ("Energy Price"). The Energy Price is an all-inclusive price for the Requirements and includes all charges for the following: energy; capacity; transmission; scheduling, system control and dispatch; voltage control; energy imbalance; spinning reserve; supplemental reserve; transmission losses; and distribution losses. Any applicable sales and local taxes will be included in the Energy Price. Company will not charge Customer the Virginia electric utility consumption tax because under Virginia law this tax does not apply to municipalities' own use or to use by divisions or agencies of federal, state, and local governments. 10/4/00 Draft 4. INVOICING AND PAYMENT. Company shall invoice for and Customer shall pay the Energy Price per kWh set forth in the attached Schedule A multiplied by the number of kWh delivered to the Account(s) during each billing period as metered by Customer's EDC [[revise if using alternative pricing mechanism]]. Company is responsible for coordinating with Customer's EDC for obtaining all information needed to prepare Company's invoices, and obtaining such information shall be considered part of the Requirements. Company will issue monthly invoices to Customer. Unless otherwise agreed in writing, Company will issue one bill for each of the Account(s) and will mail each bill to the billing addresses set forth on Schedule A and will send in electronic format ail interval usage data and billing determinant data for the Accounts to the email addresses specified on Schedule A . Each invoice for the services provided hereunder (except for any portion of the invoice concerning disputed amounts) shall be due and payable within thirty (30) days following the date of any invoice and shall be automatically subject to a late payment charge of one and one-half percent (1.5%) per month but only if required by law. If this Agreement is terminated for any reason, Customer agrees to immediately pay Company all undisputed amounts due hereunder within thirty (30) days of Customer's receipt of Company's final invoice. 5. DISPUTE RESOLUTION PROCEDURE In the event any portion of any invoice is in dispute, Customer shall pay the undisputed amount along with a written explanation of why Customer disputes a portion of the invoice (the "Dispute Explanation"), and the dispute shall be discussed and resolved using best efforts to amicably and promptly resolve the dispute. If the dispute cannot be amicably resolved within 30 days of Customer's submission of the Dispute Explanation, then the Dispute Explanation shall be deemed to be Customer's final decision in writing concerning the disputed portion of the invoice unless, on or prior to the expiration of such 30 day period, Customer submits in writing to Company another document that sets forth Customer's final decision. Upon determination of the correct billing amount, the proper adjustment shall be applied to the next bill or refunded within thirty (30) days. Interest shall accrue against the company at a rate equal to one and one-half percent (1.5%) per month from the due date of the disputed bill. 6. DAMAGES Liability of either party under this agreement is limited to direct actual damages. For Company this would be for non-delivery of electricity and for Customer this would be for failure to take or pay for electricity, subject to Customer's annual appropriations. Company agrees that if it fails to deliver the Requirements as provided in this Agreement and the Customer is forced to acquire the Requirements from another supplier, then the direct actual damages that Company is liable for under this Agreement shall include payment of any additional costs incurred by the Customer in obtaining the Requirements from another supplier, including higher rates charged by such supplier plus additional fees or other penalties Customer may incur in obtaining such replacement energy. [[in no event will either party be liable for any consequential, incidental, special, or punitive damages, however caused and on any theory of liability.]] 7. COMPLIANCE WITH LAWS Company will comply with the rules and regulations of the EDC, any and all other upstream providers of transmission services, the Virginia State Corporation Commission, and the Federal Energy Regulatory Commission that govem Company's provision of the Requirements, including those rules and regulations concerning imbalances, losses, billing pedods, and delivery. Company shall procure at its expense any licenses or permits necessary to fulfill any of its obligations under this Agreement. Penalties arising from Company's failure to comply shall be the sole responsibility of Company. 8. TITLE. Title to electricity provided under this Agreement shall pass from Company to Customer at Customer's meter or at other point as designated by Customer's Electric Distribution Company tariff. Customer shall pay all Electric Distribution Company distribution charges to the EDC regardless of point of title transfer. 9. NOTICES. All notices, requests or approvals required hereunder shall be in writing and shall be deemed given when received. All such notices shall be delivered personally, by facsimile, by certified 10/4/00 Draft mail, return receipt requested, or by overnight carrier to the addresses on this Agreement or such other addresses as one party may identify in wdting to the other party. 'lO. GOVERNING LAW. The validity, performance, and construction of this Agreement shall be governed and interpreted in accordance with the laws of the Commonwealth of Virginia, without regard to its conflicts of laws provisions. 'l'l. ENTIRE AGREEMENT. This Agreement, which includes Schedule A attached hereto, embodies the entire agreement and understanding of the Parties, supersedes all prior agreements and understandings between the Parties with respect to the subject matter hereof, and may not be contradicted by evidence of any prior or contemporaneous oral or written agreement. No amendment to this Agreement shall be valid unless executed by both Parties. '12. ASSIGNABILITY. Neither Party shall assign this Agreement without the pdor written consent of the other Party, which consent shall not be unreasonably withheld; provided, however, Customer hereby consents to the assignment of this Agreement to any subsidiary or affiliate of Company with substantially the same or better credentials than those set forth in Company's response to the Customer's Request for Proposal issued in November of 2000. This Agreement shall be binding upon the Parties and all permitted assigns and other successors-in-interest. '13. NO WAIVER. No waiver in requirements of this Agreement shall occur based on a failure of either Party to provide notice of any default or other requirement under this Agreement, and failure to object to any default shall not operate as or be construed as a waiver of any future default, whether like or different in character. 14. ACCEPTANCE OF AGREEMENT. Company shall have no obligation to accept this Agreement when submitted after the specified Expiration Date set forth in the attached Schedule A. 15. COMPANY SERVICE INFORMATION, Customers may contact Company regarding its invoice or services at Company's Customer Service Department by toll-free telephone at: 'l 6. FORCE MAJEURE. No party will be considered to be in default in the performance of any of its obligations under this Agreement if failure of performance is due to "Fome Majeure." Force Majeure is defined as any cause beyond the reasonable control of, and without the fault or negligence of, the party claiming Force Majeure, including, without limitation, sabotage, strikes, acts of God, war, riot, civil disturbance, drought, earthquake, flood, explosion, tire, lightning, landslide, and delays of common carriers. The party claiming Force Majeure shall notify the other party as soon as it is reasonably possible after the commencement of any Force Majeure condition, setting forth the full particulars in connection therewith, and shall exercise due diligence to remedy such occurrence with all reasonable dispatch, and shall promptly give notice to the other party of the cessation of such condition. In no event shall the economic hardship of either party constitute a Force Majeure condition. Likewise, neither the inability of Company to obtain transmission or generation resources, nor the event of actual costs exceeding the contracted costs to Company, shall constitute a Force Majeure condition. '17. GENEI~J~.L REPRESENTATIONS AND WARRANTIES. Company represents and warrants that (a) there are no suits, proceedings, judgments, rulings or orders by or before any court or government authority that materially adversely affect its ability to perform or the rights of Customer under this Agreement; (b) it is duly organized, validly existing and in good standing under the laws of the jurisdiction of its formation and it has the legal right, power and authority and is qualified to conduct its business and to perform its obligations; (c) execution of this Agreement has been duly authorized; (d) this Agreement constitutes a legal, valid and binding obligation enforceable in accordance with its terms, subject to bankruptcy, insolvency, reorganization and other laws affecting creditor's rights generally; (e) there are no bankruptcy, insolvency, receivership or reorganization or other arrangement proceedings regarding Company that are pending or being contemplated, or to its knowledge threatened, (f) within the past three 10/4/00 Draft years it has not been a party to, and has not been threatened with, a litigation, arbitration, or administrative proceeding alleging failure by Company to meet contractual obligations to deliver or supply electricity, and (g) the quality of the Requirements shall be at least as good as the services that the Customer would receive if Virginia Power continued to supply all of the Customer's electricity services. '18. TERM INATION. Either party may terminate this Agreement when the other party fails to perform any material term or condition of this Agreement, provided that such failure is not cured within 30 days of written notice by the other party or within another period mutually agreed by the parties. Failure to perform a material term shall include Customer's failure to pay undisputed amounts when due and shall also include Company's failure to deliver the Requirements. '19, EMPLOYMENT DISCRIMINATION During the term of this Agreement, Company agrees as follows: a. Company will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of Company. Company agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. b. Company, in all solicitations or advertisements for employees placed by or on behalf of Company, will state that such Company is an equal opportunity employer. c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. Company will include the provisions of the foregoing paragraphs a, b and c in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. 20. DRUG FREE WORKPLACE During the performance of this contract, Company agrees to (i) provide a drug-free workplace for Company's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in Company's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of Company that Company maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. [COMPANY NAME] By: Officer's Title: Address: Telephone: Facsimile: 10/4/00 Draft [Name of Local Government Entity] By: Paul Proto, Chairman, Virginia Governmental Electricity Pumhasing Association 0423:51139.1 534842v2 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 ,Meetin~l Date: November 8, 2000 Item Number: s.c.4. Subject: Award of a Contract for Construction to Kenbridge Construction Company, in the amount of $12,389,970 for the Expansion and Renovation of the Chesterfield Juvenile Detention Home County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to authorize the County Administrator to execute a Contract for Construction with Kenbridge Construction Company, in the amount of $12,389,970 for the Expansion and Renovation of the Chesterfield Juvenile Detention Home. Summary of Information: Kenbridge Construction Company submitted the low bid out of three for the Expansion and Renovation of the Chesterfield Juvenile Detention Home. This project consists of the construction of a new 90 bed housing wing and renovation of the existing Juvenile Home and Courts buildings as administrative and program space. Estimated completion time is late Spring 2003. Due to the contractor's schedule concerns, in that brick for the project could not be delivered in less than eight months, staff ordered the brick for the project. Kenbridge's base bid of $12,517,000 will be reduced by $127,030 to $12,389,970 to reflect this action. A Purchase Order in the amount of $119,866 has been issued to Riverside Brick & Supply Co., Inc. for the brick; the difference in cost being due to contractor mark-ups and sales tax the supplier included in his original quote, but that the County does not pay when ordering the brick directly. Preparer:~ -' ~~ .. Title~ Director of General Services F~ancis M. Pitaro Attachments: ~-~ Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: November 8. 2000 Number Budqet and Management Comments: This item requests Board authorization for the County Administrator to execute a contract for construction with Kenbridge Construction Company in the amount of $12,389,970 for the expansion/renovation of the Chesterfield Juvenile Detention Home. The bid received from Kenbridge, though 20% over the amount budgeted, was the lowest of the three received. The current appropriation is insufficient to award the contract at the bid price. Accordingly, it is staff's intent to structure the contract subject to future appropriations. There is however, adequate funding currently available to cover this fiscal year's projected expenses. In September, the County Administrator reviewed bids for this project and others with the Budget and Audit Committee. Subsequently, the Board was notified of the implications of recent construction bids, this project included, and his plans to address them. As part of that plan, staff intends to present the FY2002 - FY2006 Capital Improvement Program with the necessary funding to complete this project. Last month, the Board approved the financing of this project with a lease purchase agreement. A portion of those funds will need to be appropriated with the FY2002 Capital Improvement Program. Preparer: Rebecca T. Dickson Title: Director, Budget & Manaqement CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~l Date: November 8, 2000 Item Number: 8.c.5. Subject: Approval of the Contract for Great Branch Tributary Assessment Districts A & B - Contract Number 98-0041E County Administrator's Comments: County Administrator: Sewer Board Action Requested: Staff requests the Board award contract number 98- 0041E to G. L. Howard, Inc. in the amount of $1,916,696.00 and authorize the County Administrator to execute the necessary documents. Summary of Information: This project is associated with the "Great Branch Special Tax or Assessment Sewer Districts A and B" which were created by the Board of Supervisors on October 11, 2000 at a public hearing. This project includes the installation of 9,200 L.F. of 18"; 625 L.F. of 10"; and 2,808 L.F. of 8" wastewater lines to serve the property owners along Rt. 10 just east of Chalkley Road and four (4) property owners in Chesterbrook Farms Subdivision. Our consultant, Austin Brockenbrough and Associates, has reviewed the bids and recommends awarding the project to the lowest bidder, G. L. Howard, Inc., in the amount of $1,916,696.00. Funds for the project were appropriated by the Board on October 11, 2000 from the sewer fund balance. Preparer: ' Title: Assistant Director ~//J. E. Beck J~~. Attachments: Yes [----] No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 8, 2000 Item Number: 8.C.6.a. Subject: Acceptance of a Parcel of Land Lying West of Hampton Park Drive from Hampton Park Associates, L.L.C. County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors accept the conveyance of a parcel of land containing 4.632 acres lying west of Hampton Park Drive from Hampton Park Associates, L.L.C., and authorize the County Administrator to execute the necessary deed. Summary of Information: It is the policy of the County to acquire right of way whenever possible through development to meet the ultimate road width as shown on the Count' Thoroughfare Plan. The dedication of this parcel conforms to that plan, an~ will decrease the right of way costs for road improvements when constructed. District: Matoaca Preparer: ~'---.. John W. Harmon Title:Riqkt of Way Manaqer Attachments: Yes No VICINITY SKETCH ACCEPTANCE OF A PARCEL OF LAND LYING WEST OF HAMPTON PARK DRIVE FROM HAMPTON PARK ASSOCIATES, L.L.C. N HAMPTON MEADOWS ~ ~0~0 TAX IO NO. 7f0568330100000 EPISCOPAl.. DIOCESE SOUTHERNVA, DB 1805 PO 1242 16,511 HULL STRE'.PT t~OAD TAX tD NO, 710~88640900000 HUGH H. DICKERSON, III DB 2798 PG 872 '16421 HULL STREET ROAD ENGINE[RS * SURVEYORS "' LANDSCAPE ARCHITECTS * ENVIRONMENTAL SCI[N3tSTS '~ (3EOI~RAPHIC INFORMATION SYSI'~M$ CONSUL~ANT~ '~ COM$'~L~O'~ ~,~'~:~..~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 8, 2000 Item Number: 8.C.6.b. Subject: Acceptance of a Parcel of Land Lying Northeast of Grove Hill Road from The Grove, L.P. County Administrator's Comments: County Administrator: ~ Board Action Requested: Staff recommends that the Board of Supervisors accept the conveyance of a parcel of land containing 4.782 acres lying northeast of Grove Hill Road from The Grove, L.P., and authorize the County Administrator to execute the necessary deed. Summary of Information: It is the policy of the County to acquire right of way whenever possible through development to meet the ultimate road width as shown on the County Thoroughfare Plan. The dedication of this parcel conforms to that plan, and will decrease the right of way costs for road improvements when constructed. District: Midlothian Preparer: I~-)~ ~-~/- John W. Harmon Title:Right of Way Manager Attachments: Yes No VICINITY SKETCH ACCEPTANCE OF A PARCEL OF LAND LYING NORTHEAST OF GROVE HILL ROAD FROM THE GROVE, L.P. N NORTH WOOLRIDGE / / CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 8, 2000 Item Number: 8.C.7.a. Subject: Request for Permission for Tar and Gravel to Encroach Within a 50' Unimproved Right of Way County Administrator's Comments: County Administrator: ~ Board Action Requested: Staff recommends that the Board of Supervisors grant Robert D. Sadler permission to have tar and gravel encroach within a 50' unimproved right of way; subject to the execution of a license agreement. Summary of Information: Robert D. Sadler has requested permission to pave, with tar and gravel, a portion of a 50' unimproved right of way that provides access to his property at 604 Courthouse Road. This request has been reviewed by staff and approval is recommended. District: Clover Hill. Preparer: '~_~__m ~'~-- John W. Harmon Title:Right of Way Manaqer Attachments: Yes No VICINITY SKETCH REQUEST FOR PERMISSION FOR TAR AND GRAVEL TO ENCROACH WITHIN A 50' UNIMPROVED RIGHT OF WAY I 2 WESTBUR¥ RIDGE CT c~ / / / I 710 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 8, 2000 Item Number: 8.C.7.b. Subject: Request Permission for Concrete Curb and Gutter to Encroach Within a Sixteen Foot Water Easement County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors grant Chesterfield Crossing, L.L.C. permission for concrete curb and gutter to encroach within a 16' water easement; subject to the execution of a license agreement. Summary of Information: Chesterfield Crossing, L.L.C. has requested permission for concrete curb and gutter to encroach within a 16' water easement as shown on the attached sketch. This request has been reviewed by staff and approval is recommended. District: Clover Hill Preparer: John W. Harmon Title:Right of Way Manager Attachments: Yes No VICINITY SKETCH REQUEST PERMISSION FOR CONCRETE CURB AND GUTTER TO ENCROACH WITHIN A SIXTEEN FOOT WATER EASEMENT RANDERMILL SEE GRID D8 W MS AONWEALT~ OFC PK I ! ! ! I I I t I I I I I I I I I I I t I I 11 / / / / / / / ! / / / / ! / Area To Be Licensed Chesterfield Crossing LLC C/O CBL & Assoc Properties Inc. Chesterfield Crossing Shopping Center Pin # 737-681-5709-00000 I / / Existing 16" Waterline DB. 3836 PG. 588 -~"='="='=---~- ~' ~ ~-..Z"_ " .~'"--PROP. 1" METEI FOR IRRIGATIQN GRAPHIC SCALE PROJECT NO. 2000-0189 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 8, 2000 Item Number: 8.C.8. Subject: Request to Quitclaim a Portion of a Sixteen Foot Water Easement Across the Property of Pramod C. Amin County Administrator's Comments: County Administrator: BoardActionReques~d: Staff recommends that the Board of Supervisors authorize the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a 16' water easement across the property of Pramod C. Amin. Summary of Information' Pramod C. Amin has requested the quitclaim of a portion of a 16' water easement across its property as shown on the attached plat. Staff has reviewed the request and recommends approval. District: Bermuda Preparer: John W. Harmon Title:Right of Way Manager Attachments: Yes No VICINITY SKETCH REQUEST TO QUITCLAIM A PORTION OF A SIXTEEN FOOT WATER EASEMENT ACROSS THE PROPERTY OF PRAMOD C. AMIN N Z -H r'rl C~ PRAMOD C. AMII' CHESTERFIELD ASSOCIATES, L,C. / DB 3273, PG 884 / GPIN: 803654190900000 // 1911 WEST HUNDRED ROAD / ~ r-/ BNE RESTAURANT GrouP IV., I I ,.~ GPIN: 803654430600000 I I -~ DB. 3028, PG 822 ~ N~-EXCLU~ ~ ~ 16' ~R J~ IN~ES~ESS EASEMENT ~ ~ D~J78~PG427 , , ) ....... ~ ~ ~ I N ~...........,~..,:.~. - ...... - ....... ~ ro ~ ~ ~ -c/~ -~ 8o' ~ ~ ~ ~A~MENT EA~ ~ VA~ ~ , , __.__ ] I~ ~ PRAMOD C, AMIN ~ ~ ~ 12820 OLD STAGE ROAD [ ~' , GPiN: 803653266700000 I ~ ~ ~ FIBERS FEDERAL CREDIT UNION ~ ~ J 12902 OLD STAGE ROAD J ~ ~ GPIN: 803653415800000 --- ..~ B 2271, PO 395 W. M. NAULTY U No. 2067 16' ICA TERLINE ~- -J EA SEMEN T DB. J780, PC 427 LINE TABLE LINE I BEARING I D/STANCE COUNTY PROJ. NO. 99-0302 L/ S 86'51'34" E 224.78 ~, SITE PLAN NO. 00-PR0166 L2 S82'J4'OI"E 9&5f LJ S OJ'4J'14" Fl 22.77 ,.~ 0 60 L4 N 05'08'26" E 10.00 ,ca., ,, ,,E,TIMNIO_ $ PLAT SHOP~ING A PORTION OF A 16' PgATERLINE EASEMENT TO BE VACATED ACROSS THE PROPERTY OF PRAMOD C. AMIN IN THE BERMUDA DISTRICT CHESTERFIELD COUNTY, VA. PREIdOUS JOB NO. ENGINEERS * SURVEYORS PRINCE GEORGE OFFICE 4411 CROSSINGS BLVD. ~ PRINCE GEORGE, VIRGINIA TELEPHONIC; (804)458-86,85' FAX: (80,4 http://www,'dmmons.com DATE: 10-19-00 SCALE: 1"--60' DRAWN BY; AWS CHECKED BY: WMN CALC. CHK,: JOB NO,: 18760-05 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 8, 2000 Item Number: 8.C.9. Subject: Request to Exercise Eminent Domain for the Acquisition of a Variable Width Parcel of Land and a Variable Width Temporary Construction Easement for the Salem Church Road/Hollymeade Subdivision Sidewalk Project County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors authorize the County Attorney to proceed with the acquisition by eminent domain of a variable width parcel of land and a variable width temporary construction easement for public use across the property of Michael J. and Sandra S. Gizzi. Summary of Information: On December 17, 1999, an offer of $425.00 was made by the Right of Way Office to Michael J. and Sandra S. Gizzi, 9397 Salem Church Road, PIN: 7786668612, for the purchase of a variable width parcel of land containing 0.015 acres and a variable width temporary construction easement containing 0.020 acres for the Salem Church Road/Hollymeade Subdivision Sidewalk Project. This offer has not been accepted and no counteroffer has been received. In order for this public sidewalk project to proceed it is necessary to exercise eminent domain to acquire this parcel of land and temporary construction easement. Staff will continue to negotiate with the owners in an effort to reach a settlement. District: Dale Preparer: ~X~'~ i'~- ~.C'~ John W. Harmon Title:Right of Way Manager Attachments: Yes No VICINITY SKETCH REQUEST TO EXERCISE EMINENT DOMAIN FOR THE ACQUISITION OF A VARIABLE WIDTH PARCEL OF LAND AND A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT FOR THE SALEM CHURCH ROAD/HOLLYMEADE SUBDIVISION SIDEWALK PROJECT NO. DIRECTION D/STANCE ~4 s 05'45'08" ~ 9.03' L5 S 14'19'59" W 8.75' .,~ L~O S 07;55'19" E 47.32' 25 0 25 50 ,75 Sc,vie '/" =- 50' PLA T OF' VA/E/ABLE WIDTH R/W TA/<E A/VD ,4 T£'AdP COA/STIE'UCTIO/V EASEMENT A/.OAIG SAL£M CHU/eChl I?OAD REV ,I-23-99 DALE DISTRICT REV.. 4--5-99 CHEST£'RF-IEI D COUNT);, VIRGINIA D,4T_F: 3- 11-99 SCALf:. 1"=50' JOB NO.. 194186 1208 ~:~r~le Oira®* ~lo~nol~, Virglnle 2~01 B · Phone (540) 7~2-B~BO · F~ (540) 'BN_ZI CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 1 Meeting Date' November 8, 2000 Item Number: 8.C.10.a. Subject: Transfer $515.00 in Bermuda District Improvement Funds to the Parks and Recreation Department for Rental of Tents at Bensley Park County Administrator's Comments: County Administrator: Board Action Requested: Transfer $515.00 in Bermuda District Improvement Funds to the Parks and Recreation Department to rent tents for use at the Veterans Day ceremony at Bensley Park. Summary of Information: Supervisor McHale requests the Board to approve the transfer of $515.00 from the Bermuda District Improvement Fund to rent two tents for use at the Veterans Day ceremony at Bensley Park. The Bensley Civic Association, in conjunction with the Parks and Recreation Department, is sponsoring a Veterans Day ceremony on November 11, 2000 at Bensley Park to honor all military veterans and recognize the sacrifices they made to protect America's freedom. The $515.00 will be used by the Parks and Recreation Department to rent and erect a canopy tent for the Veterans Day ceremony. This expenditure is appropriate because it is being used by the Department to commemorate an historic event pursuant to Va. Code § 15.2-953. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. Preparer: Rebecca T. Dickson Title: Director, Budget and Management 0423:51045. l Attach ments: Yes -~No THREE CENT ROAD FUND AEEt J_C~_TJ_O_~ This application must be completed and signed before the County can consider a request for funding with Three Cent Road Funds. Completing and signing this form does not mean that you will receive funding or that the County can legally consider your request. Virginia law places substantial restrictions on the authority of the County to give public funds, such as Three Cent Road Funds, to private persons or organizations and these restrictions may preclude the County's Board of Supervisors from even considering your request. What is the name of the applicant (person or organization) making this funding request? William Stubbs (Bensley Civic Assoc.) 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.) Con~nunity Service - Veteran's Day ue±ebrat~on @ ~ensiey Park What is the amount of funding you are seeking? $515.00 Describe in detail the funding request and how the money, if approved, will be spent. of two tents - $465.00 Rental, delivery and take down Labor charge for st~ffing and cleaning community building - $50.00 Is any County Department involved in the project, event or program for which .you are seeking funds? Parks & Recreation 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? Other private funding sources and the Bensley Civic Association 0407:23380.1 Page 2 If applicant is an organization, answer the following: Is the organization a corporation? Is the organization non-profit? Is the organization tax-exempt? Yes No Yes 3; No Yes No What is the address of the applicant making this funding request? 2707 Sherbourne Road Richmond, VA 23237 (804) 275-6626 Se What is the telephone number, fax number, e-mail address of the applicant?' Signature of applicant. If you are signing on behalf of an organization you must be the president, vice-president, chairman or vice- cb~llr~,ar~of the orgal~ization ~ Signature ~ Title (if signing on behalf of an organization} William Stubbs (Bensley Civic Association) Printed Name 0407:23380. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meeting Date: November 8, 2000 Item Number: 8.C.10.b. Subject: Transfer $261.00 in Matoaca District Improvement Funds to Chesterfield Historical Society for a Memorial Plaque at River Road Schoolhouse County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to transfer $261.00 in Matoaca District Improvement Funds to the Chesterfield Historical Society to cover the cost of a memorial plaque for the historic schoolhouse on River Road. Summary of Information: Supervisor Humphrey is requesting the Board to transfer $261.00 in Matoaca District Improvement Funds to the Chesterfield Historical Society to cover the cost of a memorial plaque for the historic schoolhouse on River Road. The schoolhouse is owned by the County. The County is permitted to donate County funds to the Historical Society for this memorial plaque because (1) it is for the improvement of public property for a public purpose, and (2) the Historical Society is an organization which commemorates historic events and therefore qualifies under Va. Code ~ 15.2-953B for County donations. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. Preparer: l --, Rebecca T. Dickson Title: Director, Budget and Management 0423:5]_ ]44.! Attachments: Yes [-"-] No DISTRICT IMPROVEMENT FUNDS AP_ELLCATJD This application must be completed and signed before the County can consider a request for funding with District Improvement Funds. Completing and signing this form does not mean that you will receive funding or that the County can legally consider your request. Virginia law places substantial restrictions on the authority of the County to give public funds, such as District Improvement Funds, to private persons or organizations and these restrictions may preclude the County's Board of Supervisors from even considering your request. What is the name of the applicant (person or organization) making this funding request? If an organization is the applicant, what is the nature and purpose of the organization? (Also attach organization's most recent articles of incorporation and/or bylaws to application.) What is the amount of funding you are seeking? Describe in detail the funding request and how the money, if approved, will be spent. ~'~0~0__~ , Is any County Department involved in the project, event or program for which you are seeking funds? If this request for funding will not fully fund your activity or program, what other individuals or organizations will provide the remainder of the funding? 0407:23380. I Page 2 If applicant is an organization, answer the following: Is the organization a corporation? Is the organization non-profit? Is the organization tax-exempt? What is the address of the applicant making this funding request? What is the telephone number, fax number, e-mail address of the applicant? Yes No Yes ,-'/" No Yes ~ No Signature of applicant. If you are signing on behalf of an organization you must be the president, vice-president, chairman or vice- chairman of the organization. Signature Title (if signing on behalf of an organization) Printed Name 0407:23380.1 ' CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: November 8, 2000 Item Number: 8.C.10.c. Subject: Transfer of $3,000 from the Clover Hill District Improvement Fund, $600 from the Bermuda District Improvement Fund, and $1,000 from the Midlothian District Improvement Fund (Total of $4,600) to Chesterfield-Colonial Heights Christmas Mother, Inc. to Purchase Food, Toys, and Clothing for Needy Families County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to transfer $3,000 from the Clover Hill District Improvement Fund, $600 from the Bermuda District Improvement Fund, and $1,000 from the Midlothian District Improvement Fund (total of $4,600) to Chesterfield-Colonial Heights Christmas Mother, Inc. to purchase food, toys, and clothing for needy families. Summary of Information: Supervisors Warren, McHale and Barber are requesting the Board to transfer $3,000, $600 and $1,000 respectively from their District Improvement Funds for a total of $4,600 to the Chesterfield-Colonial Heights Christmas Mother, Inc. to purchase food, toys and clothing for needy families. Chesterfield- Colonial Heights Christmas Mother, Inc. ("Christmas Mother") is a non-profit charitable corporation that distributes food, toys and clothing to needy families during the Christmas season in Chesterfield and Colonial Heights. The Chesterfield-Colonial Heights Department of Social Services has actively assisted the Christmas Mother for many years. This year the Christmas Mother projects that the money it has already received from the County plus the money it has raised from private and corporate donors will be insufficient to meet the needs of the poor this Christmas. The Board is legally permitted to Preparer: Title: Director, Budget and Management Rebecca T. Dickson 0423:51260.1 Attachments: [ [ No # Yes ..HESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting date: November 8, ?.000 Item No. Page 2 of 2 give money to the Christmas Mother because (1) it is located in the County, (2) its exclusive function is to provide charity to the poor, and (3) it serves needy citizens of the County. Accordingly, the Christmas Mother is qualified under § 15.2-953A of the Code of Virqinia as a "charitable institution,, and the Board can donate funds to it. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. ID: NOd 07'00 13:59 No.010 P.02 DISTRICT IMPROVEMENT FUND8 This application must be completed and signed before the County can =on.lder a request for lundin0 with DLstrlct Improvement Fundg. Completing end alonlng tills form does not moan that you will raoslva funding or that the County can legally m~naldsr your request. Virginia law piece! aubetenttel reaTTIoTIon, on the authorJW of the County to give public funds, ~uoh al DiB~Gt Improvement Funds, to private persons or organEralJons and these relMctlone may preclude tho CounTy's Board of 8upervls~re from even oon~ldsrlng your request, e Whet ia the name of the applicant (pergon or organization) making This funding requa~? =Ch~.~terft eld~£olonial Hci~,ht§ Christmas Mother, Inc. If an °rganlzetlon the nature and purpole of the organization? ' {Also,attach organization's most repent articles of IncorporatiOn and/or bylaws to application,) Chart table organJ zati on r.~__sppnsible for cai]action of goods and f,nds d~strtbution in the Chesterftel'd;C°lon~'~l[lei. g~Jts-' ,1 arda ':tn the f~rln of clo~.~{.ng, to)~s and Iced to needy ~n~t'lles What Is the amount of funding you are seeking? . Desorlbe In dexelt the funding request and how the money, If approved, will ~e spent, clothin~ ~_~)~ed¥ fam~.] To purc_hase..fooc[,__ Jn Cheste'rfield and Colonial Heights. Is any County ~Department. Involved in tho pro|~ct, event or program for which you ere seeking fundS7`.. No If this request for funding will. not fully fund your. at~tivity or .program0 what other Indlvlcluala .or organlzauons WilI PrOVlda the remainder ,of th· fUnding? ; TT .... ' t~v ~,nr]Rt:ma.% Mother camrait.~ee _..actively so.~i~i~A__funds froln corporate and l. va~ cttlzens ~ fund their program. NOU-O?-201~[~ 13:30 97;: P. 02 ID: NOU 07'00 14:03 No.OIO P.IO If applicant Is an organization, answer the following: la the organization a corporation? la the organlzotlon non-profit? 18 the organl2atlon tax-exempt? Yes, Yes x No Wha~ ia the address of the appliGan! rrmRIng this fun~Ing requelt?' What la the telephone number° fax number, a-rrmll addrea8 of the applicant? None 81gnatur. of ~ppllcanl:. If you are Ngning On behalf of in organization you mu~t be ~e president, vlce-pr~tdent, ahalrman or ~- ~.lrm.n of ~e organ~aflon. Title (if Signing on behalf of an oraan~mtion) ' ~arakM. Printed Name ).t TOTRL P. 03 ID:..... NOV 07'00 14:00 No.OlO P.04 _. I certity this to be a true and exact c~_py 9! ~0 ortl;ltnal, .. STATE CORPORATION COMMISSION .7~,a_.~l ~7 ~ 1996 CHESTEI~FZEL1) - COLOAtZAL HE~GlCr& Cl~Tg'rldAS MOTHER, ZNC, NOU-O?-2000 13:30 P.04 ! 1 I I I I 1 I. I, I, I I I I ! ID: NOV 07'00 14:00 No.OlO P.O5 ARTICLES OF INCORPORATION OF CHESTERFIELD ~ COLONIAL HEIGHTS CHRISTMAS MOTHER, INC. We hereby associate to form a nonstock corporation under the provisions of Chapter 10 of Title 13.1 of the Code of Virginia, and ~o that end set forth the following: ARTICLE ONE The name of this Corporation shall be C~esterfteld - Colonial heights Christmas Mother, Inc. (hereinafter referred to as "the Corporation,,). ARTICLE TWO PURPOSE (1) Th~ purpose for which this Corporation is formed is exclusively for ~he charitable purpose of collecting goods and funds for distribution in the Chesterfield - Colonial Heights area in the form of clothing, toys and food during the Christmas season of every year, all of which is as contemplated, including for such purposes, the making of distributions to organizations that qualify as exemp~ organizations under Section 501(C)(3) of the Internal Revenue Code or the corresponding section of any future federal tax law. (2) No part of the net earnings of the corporation shall inure to the benefit of, or be distributable to its members, trustees, officers or other private persons, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in this Article. No substantial part of the activities of the corporation shall be the carrying on of ~ropaganda. or otherwisa attempting to influence legislation and the corporation shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of or in opposition to any candidate for p~blic office. Notwithstanding any other provision of these articles, the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any future federal tax code, or (b) by a corporation, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code, or the corresponding section of any future federal tax code. N0U-07-200B 1J: 31 97~. P.05 ID: NOV 07'00 14:0i No.OZO P.06 (3) Upon the dissolution of the corporation, assets shall be distributed for one or more exempt purposes within the meaning of Section $01(c)(3) of the Internal Revenue Code, or the corresponding section of any future federal tax code, or shall be distributed to the federal government, or to a state or local government, for a public purpose. Any such assets not so disposed of shall be disposed of by a Court of competent Jurisdiction of the County in which the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, as enid Court shall determine, which are organized and operated exclusSvely for such purposes. (4) The Corporation may solicit and receive funds and property by gift, transfer, devise or bequest, and may administer and apply such funds and property only in the furtherance of the recreational purposes set out in Paragraph (1) above. (5) The Corporation shall do any and all lawful things which may be necessary, useful, suitable or proper for the furtherance or accomplishment of the purposes and powers of the Corporation, and shall exercise all powers possessed by Virginia corporation of similar character, including the power to own, lease, contract for the purchase and sale of, and to mortgage or otherwise encumber, real and personal property. ARTICLE THREE MEMBERSHIP Membership in the Corporation shall be through application to and election by the existing membership, as initially constituted by vote of =he Board of Directors. Application shall be open to any individual eighteen (18) years or older interested in the purposes of the Corporation. Each member shall pay such dues as may from time to time be set by the Board of Directors in accordance with the By-Laws. Each member shall be entitled to one vote in all matters coming before the membership meetings. Each member shall have full voting rights. ARTICLE FOUR BOARD OF DIRECTORS (1) The affairs of the corporation shall be managed by the Board of Directors. (a) The initial number of directors of the corporation shall be six. The number of directors may be increased or decreased from time to time by amendment to the By-Laws. (b) The directors shall be elected by and from the voting membership at the annual membership and the immediate pa~t President shall serve 'as a director. 2 NOU-07-20~ l J: 32 97~ P.86 ID: NOV 07'00 14:01 No.010 P.O? (2) The names and addresses of the persons to serve as initial directors are as follows: Mrs. Sandy Noell Mrs. Marion R. Homer Sarah Snead Dona'S. Link Shirley A. Hudson Hrs. R. Garry Soyars 14505 Michaels Ridge Road Midlothian, VA 23113 1217 W. Roslyn Road colonial Heights, VA 23834 P.O.Box 430 Chesterfield, VA 23832 6007 Claypoint Road Chesterfield, VA 23832 4051 Randolph Road Richmond, VA 23236 5310 Kingsland Road Richmond, VA 23237 ARTICLE FIVE Registered Agent The initial'registered office of the Corporation is to be located at 9910 Wagners way,. Chesterfield, Virginia. The name of the County in which tile initial registered office is physically located is Chesterfield County, Virginia. The name of the initial registered agent is Oliver D. Rudy, who is a resident of the State of Virginia, a member of the Virginia State Bar and whose business address is 9910 Wagners Way, P.O.Box 58, Chesterfield, VA 23832. Dated this _~.~A~ day of December, 1995. rporators: 3 NOU-07-20~0 1J: 32 97% P.0? INTERNAL REWENUR SERVICE p. 0. BOX 2508 CINCINNATI, OH 452.01 D ,te'0 1 2000 CHEST~RF1E;~D-CO~ONIA~ HEIGHTS CHRISTMAS MOTHER INC PO BOX 250O CHESTERFIELD, WA 23832 DEPARTMBNT OF THE TREASURY Employer %denti£ioation Number~ 54-1~80~56 DLN: 1705~085552020 Contact person: MARK G pBARCE Contact Telephone Number: (B~ B29-5500 Our Letter Dated: June 1996 Addend~ Applies: No IDS 31181 Dear Applicant: This modifies our letter of the abOVe da~e in which we stated that you would be treated as an organlzat~on that is not a private foundation until the expiration o~ your advance rulln~ period. your exempt status under section 501(a) of the Internal ReVenUe code as an organization described in section 501(o)(3) is still in effect. Based on the information you submitted, we have determined that you are not a private foundation within the meaning of section 509(a) of the Code because you a~e an organization of the type described in section 509(s) (1) and l~0(b)(1)(A)(~i) · Grantors and contributors may rely on this determinat~on unless the Internal Revenue Service publishes notice to the contrary- However, if you lose your sect'.on 509(a)(1) status, a grantor or contributor may not rely on this determination if he or she wao in part responsible for, or was aware of, on the part of 'f he or she ~he act or failure to act, or the substantial or material change the organization that resulted in your Ices of such status, or l acquired knowledge that the Internal Revenue Service had given notice that you would no longer be classifY.ed as a section 509(a) (I) organization. You are required to make your annual information return, Form 990 or Form 990-Er, available Eot public inspectS, on for three years after the later of the due date Of the ret. urn or th~ date the return is fi].ed. You are also required to make available for public inspection your exemptS, on application, any supporting documents, and your exemption letter, copies of these documents are also required to be provided to any individual upon written or in person request without, charge other than reasonable fees for copying and postage. You may fulfill Uhis requirement by placing these clocumencs on the Internet. Penalties may be imposed for failure to comply with these requirements. Additional information is available in Publication 557, Tax-Exempt Status for Your Organization, or you may call our toll free number shown above. If we have indicated in the heading of this letter that an addendum applies, the addendum enclosed is an integral part of ~his letter. Letter 1050 (DO/CG) NOU-07-2000 1~:3~ 95% P.O~ .... 14:02 ID: NO~ 07'00 C]{ESTERFIELD-COLONIAL HEIG}{TS -2- Because this letter could help resolve any questions about your private foundation status, please keep it in your permanent records. If you have any questions, please contact the person whose name and telephone number are shown above. Sincerely yours, Bteven ~. Mille~ Steven T. Miller Director, Exempt Organizations Lette~ 1050 (DO/CG) N0~-~?-20~ 13:33 97~ P.09 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of ~ Meetin~l Date: Subject: November 8, 2000 Item Number: 8.C.11.a. Set a Public Hearing Date for December 20, 2000 to Revise FY01 School Board Grants County Administrator's Comments: County Administrator: Board Action Requested: The School Board requests the Board of Supervisors to hold a public hearing on December 20, 2000, to increase estimated revenues and appropriations in the School Grants Fund by $537,469. Summary of Information: Chesterfield County Public Schools (CCPS) receives grants form various funding sources each year. The FY01 School Board Approved Financial Plan included an appropriation of $13,188,300 in the School Grants Fund for twenty-three (23) grants plus Grants Administration. In addition, the School Board applies for additional grants during the year to enhance the instructional program. Some actual grant awards have been received and revisions need to be reflected in the School Grants Fund for an additional appropriation of $537,469. Attachments: Yes ~ No Superintendent CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of Evaluation/Analysis Notifications have been received from the various funding sources (Federal, State, and local) regarding the actual grant awards. Below is a brief description of each grant along with the requested revisions. Federal Grants FY01 Special Education IDEA 264,893 6.1 The Individuals with Disabilities Act (IDEA) is designed to ensure that all school-age children with disabilities are provided free, appropriate public education. CCPS prepares the application for IDEA funds each year based on a December 1 special education child count and estimates the per pupil rate for this grant for the following year. The FY01 budget was estimated at $4,880,000; however, the grant award was for $5,144,893, an increase of $264,893. FY01 Preschool Handicapped Grant ( 5,692) 0.0 Federal funds are provided to localities to assist in identifying and educating disabled preschool age students. State Superintendent's memo #43, dated August 18, 2000, notified CCPS of their FY01 Preschool Incentive grant award of $244,308, a decrease of $5,692 from the budget estimate. FY01 Carl Perkins Vocational Education 58,265 8.5 The Carl Perkins Vocational and Applied Technology Education Act was developed to provide assistance through vocational education programs for economically or academically disadvantaged, handicapped, and ESL students. CCPS received notification of this vocational education grant award of $483,265 through State Superintendent's Memo ~110 dated June 2, 2000. The FY01 budget was estimated at $425,000; therefore, this is an increase of $58,265. The positions are eight full-time instructional aides plus 0.5 teacher position that provide a special training program at the Chesterfield Technical Center that includes the student population described above. FY01 Title I 88,037 3.6 Federal Title I funds are distributed to localities to provide compensatory education services for educationally disadvantaged children in low-income areas. The FY01 budget was estimated at $2,000,000; however, CCPS received State Superintendent's Memo #152, dated August 11, 2000, that indicated a CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 8 grant award of $2,088,037, an increase of $88,037 from the approved financial plan. Additional instructional staff was needed to serve the educationally disadvantaged student population in Chesterfield County. JTPA/CATC Summer Title II (33,500) 0.0 In prior years CCPS assisted Capital Area Training Consortium (CATC) in developing and operating an in-school youth program for ages 14-21 designed to provide the Job Training Partnership Act (JTPA) eligible students with various services. The federal funds allocated for this program were reduced and CCPS was not allocated funds for the summer of 2000. This request eliminates this grant. FY01 Title VI ( 8,321) 0.0 Title VI federal funds are used to improve quality and promote innovation at all levels of education. These funds must target six broad purposes. CCPS received notification of its estimated allocation of $201,679 through State Superintendent's Memo 9148 dated August 4, 2000. This award is a decrease of $8,321 from the estimated budget for FY01. FY01 Title VI Class Size Reduction 3,373 1.0 Federal funds have been allocated to help reduce school class size. CCPS received notification through Superintendent's Memo 927 dated May 26, 2000 of our FY01 grant award in the amount of $584,673. This is an increase of $3,373 over estimated budget. Due to increased funding in FY01 over FY00, CCPS will be able to hire 14.0 teachers instead of 13.0 (FY00 level). FY01 Headstart 36,580 0.0 Federal funds are given to localities to provide instruction to preschool children of low-income families. The philosophy of the program is to work with the family unit, in addition to the pre-school child. CCPS received notification on May 25, 2000 of the FY01 grant award in the amount of $945,580. This is an increase of $36,580 over the FY01 budget estimate. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 4 of s FY01 Special Ed Interpreter Training 11,850 0.0 The State allocates federal funds to localities to provide training opportunities for educational interpreters employed by individual school divisions. CCPS received notification from the State Department of Education on August 31, 2000 of the award of $28,450 for FY01. This award is an increase of $11,850 over the FY01 budget estimate. FY01 Drug Free Schools ( 4,042) 0.0 Federal funds are distributed to localities for the expansion of existing substance abuse prevention efforts and creation of new initiatives to discourage alcohol and drug abuse. The Federal Drug Free Schools and Communities grant awards have stabilized recently and our FY01 award is $180,058 which is a decrease of $4,042 from the estimated FY01 budget. FY01 Harrowgate Conflict Resolution 10,645 0.0 CCPS received notification from the State Department of Education on June 19, 2000 that funding has been continued in FY01 for the Harrowgate Conflict Resolution program in the amount of $10,645. The grant period is July 1, 2000 through June 30, 2001 with no extension of this termination date. FY01 Meadowbrook High Schools that Work 1,000 0.0 Meadowbrook High School has applied for and received continued funding for a Carl Perkins block grant for high schools that work program. The purpose of this grant is to improve the achievement levels in English 9 and Algebra at Meadowbrook. The budget estimated $9,500 for FY01; however, CCPS received notification from the State Department of Education on September 5, 2000 of an additional $1,000 of funding. FY01 Jobs for Virginia Graduates 1,000 0.0 CCPS received notification on June 29, 2000 of a grant award of $21,000 for the Jobs for Virginia Graduates program. The FY01 budget was estimated at level funding of $20,000; therefore, this award increases the budget by $1,000. FY01 Manchester Community Services FY01 Thomas Dale Community Services 8,000 0.0 13,000 0.0 The Community of Caring program helps to create a caring, supportive environment in which home, family and community work together to assist CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 5 of 8 students to make responsible decisions, build caring relationships and create a school environment in which universal values such as trust, caring, respect, responsibility, and family are taught. CCPS received notification on June 29, 2000 from the State Department of Education of a continued grant award of $8,000 for Manchester High. In addition, Thomas Dale was awarded a first year grant of $13,500 to begin this type of program at that location. FY01 Special Education Project TRAIN 4,613 0.0 CCPS was awarded a mini-grant from the Virginia Department of Rehabilitative Services to purchase assistive technology devices and supplies. The funds must be spent and reported to the State by January 30, 2001. These funds need to be appropriated in order to spend them as intended. FY01 JTCC Tech Prep PEER Grant 3,875 0.0 CCPS received notification from John Tyler Community College on April 3, 2000 of anticipated funding for a Tech Prep PEER Grant in the amount of $3,875. The grant is titled Essential Workplace Skills Reinforcement and the program will take place at the Chesterfield Technical Center during FY01. Sub-total Federal Grant Revisions 453,576 19.2 State Grants FY01 Dropout Prevention ( 1,767) 1.0 State funds are disbursed to localities to assist school divisions in identifying potential dropouts, to assess each student's individual needs, and to provide each student with additional support or alternative program needs. The FY01 allocation for CCPS of $320,233 or $1,767 less than our anticipated budget for FY01. FY01 Individual Student Alternative Education Plan (ISAEP) 1,135 1.0 In FY00 CCPS was awarded an ISAEP to develop a program that serves students not currently served in either the GED or Literacy Development Program. The difference this program covers is either age or academic ability. The program strives to adequately prepare students to enter the GED program where they can obtain a GED and provide students with marketable job skills. The grant will provide a teacher position to oversee this program. CCPS received notification from the State Department of Education on July 21, 2000 of $48,335, which is $1,135 more than budget. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 6 of 8 FY01 Governor's Best Practice Centers ( 1,475) 0.0 In April 1999 the Governor announced that five new Best Practice Centers were~ being established to assist public schools by helping local school divisions meet the Virginia standards of Learning (SOLs) and Standards of Accreditation[ii (SOA) through raising student academic achievement. CCPS was selected fori the Region I center. Staffing provided by the State includes a director, al specialist for curriculum and instruction, a specialist for accreditation andi assessment, and a specialist for instructional technology. CCPS provides space for these four individuals plus provides clerical assistance as support for the staff. The actual allocation for FY01 is $58,525 or $1,475 less than budget. Sub-total State Grant Revisions ( 2,107) 2.0 Local Grants FY01 Life Skills Training (summer) 60,000 0.0 A life skills training program was developed by Dr. Gilbert Botvin, Director of Cornell's Institute for Prevention Research for middle school students on drug awareness information and skills such as goal setting and decision making. The program helps students learn to say "no" to tobacco, alcohol, and other drugs. During FY00 CCPS received notification from Brown and Williamson Tobacco and Phillip Morris, U.S.A. that funding of $99,354 would be provided to incorporate Life Skills Training in Chesterfield. In July 2000, CCPS received an additional $60,000 to be used for a summer program to provide a leadership conference ($35,000) and to provide student reward funding for students who successfully complete the program. The summer funds of $60,000 need to be appropriated at this time. FY01 Juvenile Accountability Incentive 20,000 0.0 CCPS has received notification from Chesterfield County of a $20,000 block grant award for the Juvenile Accountability Incentive Block Grant. The Chesterfield/Colonial Heights Community Criminal Justice Board (CCJB) serves as the advisory body that recommends expenditures under this grant. The CCJB has recommended establishing a pilot program at Falling Creek Middle to reduce truancy among court-involved youth in this area. For FY2001 the State truancy funds are also required to be spent in this area and can be used in conjunction with this program. Ail funds must be expended by December 31, 2000. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 7 of 8 FY01 Bensley Tutorial Block Grant 6,000 0.0 For the past four years with support from the Chesterfield County Outreach Program, the Park Lee Learning Center has provided a structured, supervised, after school homework program for first and second graders who need assistance. Due to the lack of unqualified staff and space, the Outreach Services coordinator contacted Bensley Elementary and now school personnel on site administer the program. Additional benefits of having the program at Bensley includes allowing more students to be served, providing instruction by certified teachers, and reinforcement of skills and curriculum taught during the regular day. The overall benefit is the increased student achievement. Funds have been awarded to CCPS for this program from the Community Development Block Grant in the amount of $6,000 for FY01. Sub-total Local Grant Revisions 86,000 0.0 Total School Grant Revisions $537,469 21.2 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 8 of 8 Meetino Date: November 8.2000 Number Bud.qet and ManaRement Comments' The School Board is requesting that the Board of Supervisors set a public hearing date to appropriate $537,469 in grant funds and creation of 21.2 positions for various grants as outlined in the summary of information. Notification has been received on various grants that have been awarded and the budget needs to be adjusted to reflect the actual grant awards. Preparer: ~-; Rebecca T. Dickson Title: Director, Budget & Manaqement VIRGINIA: At a regular meeting of the Chesterfield County School Board held Tuesday evening, October 24, 2000, at seven-thirty o'clock in the Public Meeting Room at the Chesterfield County Courthouse Complex PRE SENT: Dianne E. Pettitt, Chairman Marshall W. Trammell, Jr. Vice-Chairman Elizabeth B. Davis Lloyd A. Lenhart James R. Schroeder, D.D.S. RESOLUTION On motion of Mrs. Davis, seconded by Mr. Trammell, the School Board requests the Board of Supervisors to set a public hearing date and hold a public heating to approve an increase of $537,469 to the Instruction appropriation category in the School Grants Fund for the following grants: Grant Title Special Education IDEA Special Education Preschool Carl Perkins Vocational Grant Title I Title II Summer JTPA/CATC Title VI Title VI Class Size Reduction Headstart Special Education Interpreter Training Drug Free Schools Harrowgate Conflict Resolution High Schools That Work Jobs for Virginia Graduates Manchester Community Services Thomas Dale Learn & Serve America Project T.R.A.I.N. JTCC Tech Prep PEER Grant Dropout Prevention Individualized Student Alternative Ed Governor's Best Practice Centers Life Skills Training (Summer) Juvenile Accountability Block Grant Bensley Tutorial Block Grant Total Increase to Instruction Appropriation Funding Source Amount Federal IDEA $ 264,893 Federal IDEA (5,692) Federal Perkins 58,265 Federal 88,037 Federal (33,500) Federal (8,321) Federal 3,373 Federal 36,580 Federal 11,850 Federal (4,042) Federal 10,645 Federal 1,000 Federal 1,000 Federal 8,000 Federal 13,000 Federal 4,613 Federal 3,875 State (1,767) State GED 1,135 State (1,475) Local 60,000 Local 20,000 Local 6,000 Category in School Grants $ 537,469 Patricia W. Bartlam, Clerk ~' y ]-C ay, Jr., Ed.D., Su r' endent CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~l Date: November 8, 2000 Item Number: 8.c.n.b. Subject: Set a Public Hearing to Consider a Proposed Zoning Ordinance Amendment Regarding the Fee to Amend a Condition of. Zoning County Administrator's Comments: County Administrator: Board Action Requested' Recommend the Board of Supervisors set a Public Hearing for December 20, 2000, to consider a Zoning Ordinance Amendment regarding the fee to amend a Condition of Zoning. Summary of Information: During the budget process last spring, the Board of Supervisors approved a general fee increase and asked the Planning staff to review the fee to amend a condition of zoning. The current fee is $1600.00 per condition for an amendment to a proffer, textual statement or condition of zoning. Planning Commission and staff recommend the condition of zoning fee be amended as follows: $1,600 for the first two conditions, plus $400 for each condition thereafter. This change reflects a decrease in the amount of the current fee but is projected to have minimal impact on total revenues. The Planning Commission held a public hearing on the proposed change on October 17, 2000. Preparer: Title: Director of Planning C :DATA/BOS/AGENDA/2000/NOV800.1/GOK Attachments: Yes No AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTION 19-25 RELATING TO FEES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 19-25 of the Code of the Coun_W of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 19-25. Fees. The following fees, which include the costs of hearings, advertisements and notices when required, shall be deposited simultaneously with the filing of the application: OOO (b) Conditional uses and special exceptions: OOO (c) (3) Planned development: c. Amend condition of Planned development to include a condition of a textual statement, per first two conditions... 1,600.00 Each additional condition thereafter... 400.00 000 Amend condition of zoning, other than condition of planned development: (1) Per first two conditions... 1,600.00 Each additional condition thereafter... 400.00 000 That this ordinance shall become effective immediately upon adoption. 1914:50823.1 t ,:jO CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: November 8, 2000 Item Number: 8.C.11.c. Subject: Set a Public Hearing to Consider the Tax Exemption Request of the Kiwanis Club of Chester, Inc. Foundation Cou. j~tyK~c~Administrator's~/,~Comments:~.~! ;~c_..,~ County Administrator: Board Action Requested: Recommend that a public hearing be scheduled on November 21, 2000 to consider the tax exemption request of Kiwanis Club of Chester, Inc. Foundation. Summary of Information: The Kiwanis Club of Chester, Inc. Foundation ("Chester Kiwanis Foundation") is a non-stock, non-profit corporation which provides volunteer services to underprivileged citizens of Chesterfield County, as well as scholarships to graduating seniors of Chesterfield public high schools. The organization has recently acquired property located at 12321 Richmond Street, Chester, Virginia 23831, Block G-2, Chester, County Tax Map Number 7916530773; and intends to build and maintain a community park on the property for the use of the general public. The Chester Kiwanis Foundation is currently working with the County Extension Service on the design of the proposed community park (See Attached Map). Steven L. Micas (CONTINUED) /,/~'~ ¢ ~.~.<~ Title: County Attorney 1222 (00) :50994.3 Attachments: Yes '~No HESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: November 8, 2000 Item Number: The Kiwanis Club of Chester, Inc. Foundation recently purchased this property from the Chesterfield Kiwanis Foundation, Inc., a similar foundation of another local Kiwanis club. The 2000 General Assembly granted a tax exemption request for this parcel. A tax exemption granted by the General Assembly is held by the owning non-profit organization and does not attach to a specific property. This is because a non-profit organization will many times dispose of or sell tax exempt property in such a manner that it will return to the tax rolls under its new owner. Despite the fact that the property's proposed recreational use has not changed, the Chester Kiwanis Foundation must undertake this process and seek its own tax exemption. Under the Virginia Constitution, non-profit organizations seeking an exemption from local real estate taxation must obtain the exemption from the General Assembly. The General Assembly cannot, however, consider a tax exemption request until the request has been considered, after a public hearing, by the governing body of the locality in which the organization is located. The Code of Virginia sets out a number of conditions that all non- profit organizations must meet in order to qualify for the local real estate tax exemption. The Kiwanis Club of Chester, Inc. Foundation meets all of the necessary conditions and qualifies for such an exemption. The Kiwanis Club of Chester Inc. Foundation property has an assessed value of $60,000.00 and in 2000 will generate $648.00 in County real estate tax. When this property is fully developed as a park, the assessed value will increase. 1222:50994.3 51A 4737 12217 Scale: 53 6128 12132 53O6 12241 Pa,, el Map of Chesterfield Com. ty 100 0 Chesterfield County assumes no legal respomibility for the information contained on this map. This map is not to be used for land conveyance. The horizontal data is based on the VA State Plane Coordinate system, NAD 1983. The topographic infonmtion is based on 1989 photogrammet~ and NAVD29. 100 200 Feet 12148 41 2144 3901 42 47 093o 3921 7614 4O0O 4001 N 3813 RR 3813 3931 12217 78 81s6 12240 4778 12248 12301 359 4822 12316 12309 88 6070 4101 5715 12324 6441 12317 357 12332 78A 7485 7757 12316 12324 8127 12333 12332 12340 149 C010 12401 12321 142 1224 1240O 150 3923 143 2118 12408 144 136 3735 12409 128 3901 12310 137 12417 130 5744 12421 138 5421 12425 123OO 131 12429 12435 Printed by: Engineering Date: Mon Oct 16 11:19:33 2000 Copyright 2000. Ches.tel~'f'~l~a,,C~untI CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 8, 2000 Item Number: 8.C.12. Subject: Refer Ordinance to Planning Commission and Set a Public Hearing for January 10, 2001 to Consider Adoption of an Ordinance to Require BMP Maintenance by Developers County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to refer the proposed ordinance to the Planning Commission and set a public hearing for January 10, 2001 to consider adoption of an ordinance to require BMP maintenance by developers. Summary of Information: At the October 25, 2000 meeting the Board approved the use of Environmental Engineering operating funds to pay for long-term maintenance costs of residential BMPs and stream restoration projects. Prior to the last meeting Mr. Ramsey had identified an alternative method of providing for long-term BMP maintenance for new BMPs. In that alternative approach, developers would be given the choice of providing the County with a bond, letter of credit, assignment of assets or "per-lot" cash payment to insure long-term maintenance of new BMPs. This form of BMP maintenance by developers would be imposed by ordinance and Mr. Warren has recommended that the Board consider this option in January. Prior to January, the County's current consultant would develop a "per- lot" maintenance fee. (Currently estimated to be $100-$200 per lot.) Because the Chesapeake Bay ordinances are in the zoning ordinance, this proposed change must first be heard by the Planning Co ssion. < Preparer: -~--'--.~ , ~ ~ Title: County Attorney Steven L. Micas 0822:51191.1 Attachments: [-~'[ Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meetin~l Date: November 8, 2000 Subject: Developer Water and Sewer Contracts County Administrator's Comments: Item Number: 10.A. County Administrator: Board Action Requested: The Board of Supervisors has authorized the County Administrator to execute water and/or sewer contracts between the County and the Developer where there are no County funds involved. The report is submitted to the Board members as information. Summary of Information: The following water and sewer contracts were executed by the County Administrator: Contract Number: Project Name: 00-0010 Barrow Place, Phase 2 Developer: G. & H. Incorporated Contractor: Excalibur Construction Corporation Contract Amount: Water Improvements - Wastewater Improvements - $40,130.00 $60,271.00 District: Preparer: /~) ot hian C'/"//J S BeC, Jr. Title: Assistant Director Attachments: '~ Yes No Agenda Item November 8, 2000 Page 2 Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 00-0044 Oak Park, Section 1 Oak Park Ventures LLC Castle Equipment Corporation Water Improvements - Wastewater Improvements - Midlothian $80,524.50 $74,615.41 o Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 00-0223 Algroup Lawson Mardon Water Extension Liberty Property Development Corporation William M. Harmon Construction Water Improvements - Bermuda $71,730.00 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: III November 8, 2000 Subject: Status of General Fund Balance, District Improvement Fund, and County Administrator's Comments: Item Number: Reserve for Future Lease Purchases Capital iO.B. Projects, County Administrator: Board Action Requested: Summary of Information: Attachments: Yes No Title: County Administrator BOARD MEETING DATE 07/01/00 CHESTERFIELD COUNTY GENERAL FUND BALANCE November 2, 2000 DESCRIPTION FY2001 Budgeted Beginning Fund Balance AMOUNT BALANGE $~2,244,700 *Pending outcome of FY2000 Audit Results ~ CHESTERFIELD COUNTY RE~r-.RVE FOR FUTURE CAPITAL PROJECTS TRADITIONALLY FUNDED BY DEBT November 2, 2000 Board Meeting Date Description FOR FISCAL YEAR 2000 BEGINNING JULY 1, 1999 04/28/1999 FY2000 Budgeted Addition Amount $ 8,034,500 04/28/1999 FY2000 Capital Projects (7,120,900) 08/25/1999 Transfer to LaPrade Library Project for construction (150,0oo) 09/17/1999 Partial Release of designation for Henricus Land Purchase based on final grant award 104,425 12/15/1999 Transfer to Circuit Court Project for construction of courtrooms/chambers/parking lot 000,00o) 02/23/2000 Transfer to Coalboro Road Extended Project for construction in conjunction with Vulcan Materials Company 050,00o) 04/12/2000 Transfer for Ecoff Avenue Land Acquisition for recreational and athletic facilities (250,000) O5/22/2O0O Release designation for FY2000 road projects local match not approved by VDOT: Point of Rocks Road Bike Trail, Phase I Centre Street Streetlight Cogbill Road Sidewalk Salem Church Road Sidewalk 48,000 8,000 26,000 15,200 06/28/2000 Transfer for construction of the range master's and training buildings located at Public Safety Training Facility in Enon. 0oo,ooo) 06/30/2000 Remm unused funds; closure of various completed projects 30,724 Balance 8,650,602 1,529,702 1,379,702 1,484,127 1,184,127 834,127 584,127 681,327 381,327 412,051 FOR FISCAL YEAR 2001 BEGINNING JULY 1, 2000 04/12/2000 FY01 Budgeted Addition 04/12/2000 FY01 Capital Projects *Pending outcome of FY00 Audit Results 8,400,000 (6,939,600) 8,812,051 1,872,451 Prepared by Accounting Department October 31, 2000 SCHEDULE OF CAPITALIZED LEASE PURCHASES Date Began APPROVED AND EXECUTED Description Original Amount Date Ends Outstanding Balance ,10/31/00 * 12/93 04/99 06/99 Real Property Lease/ Purchase Public Facility Lease Juvenile Courts Project School Copier Lease** $17,510,000 16,100,000 43,587 12/01 11/19 06/04 3,680,000 15,295,000 33,607 TOTAL APPROVED AND EXECUTED $33,653,587 $19,008,607 PENDING EXECUTION Description Telephone System Upgrade - Lease Purchase Approved September 13, 2000 Building Construction, Expansion and Renovation and Systems - Certificates of Participation Approved October 25, 2000 Approved Amount $1,222,370 19,885,000 TOTAL APPROVED AND PENDING EXECUTION $21,107,370 * Second Refunding of Certificates of Participation, Series 1985 **A current year review of outstanding leases resulted in including this obligation as a capital lease. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: Nove~er $, 2000 Item Number: Subject: Dinner Meeting with the Legislative Delegation and Discussion of the Proposed 2001 Legislative Program County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: The purpose of this meeting is for the Board of Supervisors to discuss legislative objectives and concerns for the 2001 General Assembly with the County's Legislative Delegation. Additionally, unless directed to do otherwise, staff will schedule a public hearing for the proposed changes to the County Charter for November 21, 2000. Preparer: '.,~,~-I u"~"/C~,t C"~<i~'..~' '( Ua~Y_~nn curtin Title: Director, Intergovernmental Relations Attachments: Yes No Chesterfield County Board of Supervisors and Legislative Delegation Dinner Meeting November 8, 2000 Welcome and Introductions Thank You! 1. H.B. 599 2. School Funding 3. E-9-1-1 4. Cash Proffers 5. Rt. 288 Construction 6. Governor's Economic Development Funds 7. Car Tax Reimbursements How Have We Used Revenue? 1. H.B. 599 Community Policing Offices Northern and Southern Precincts School Resource Officeps How Have We Used Revenue? 2. Additional School Funding School Construction Grants - $1.5 Million Lottery Proceeds - $6 Million How Have We Used Revenue? 3. E-9-1-1 All funds used as required by statute County General Fund contributes $1.15 million beyond tax revenue collected How Have We Used Revenue? 4. Cash Proffers 1990-2000 $36.9 million proffered $5.2 million collected How Have We Used Revenue? Cash Proffers · In 1999, 11% of building permits issued paid a cash proffer · Proffers used for schools, libraries, roads, parks and fire stations 5. Route 288 $277 million included in Virginia Transportation Act of 2000 VDOT committed to completion by 2003 6. Governor's Opportunity Fund $450,000 for Algroup Lawson Mardon 7. Car Tax Reimbursement $21.8 million received in FY00 Legislative Priorities for 2001 Protection of All Existing Revenue Sources · Cash Proffers · H.B. 599 · E-9-1-1 In Millions Legislative Priorities for 2001 Additional Funding for Comprehensive Services Act Shortfalls · State approved allocation for FY01 is $922,000. Our projection for state share is $2.8 million · Local share of costs are projected to rise to $1.8 million for FY01 · County continually pursues more efficient ways to deliver services Legislative Priorities for 2001 Comprehensive Service Act · Comprehensive Services Act (CSA) is a state and local program that serves at-risk youth and families · Youth are referred to CSA by Department of Social Services, Court Services Units and Schools for interagency planning teams to develop collaborative community based plans · Youth served include all foster care children, special education students and others with severe emotional and psychological needs · Community Policy and Management Team (CPMT) provides guidance and oversight for local government implementation of C SA Legislative Priorities for 2001 CSA Local Costs $2.00 51.40 I Average Increase is 12.06% per year Legislative Priorities for 2001 CSA Funding Formulas Then Now All s0~o soao ~ro~rams .qchools Other 61.47% State/38.53% Local Other Legislative Requests Are Contained in the Draft 2001 Legislative Program Forecasts for 2001 Session 1. Predictions from Legislators 2. Input on new legislative initiatives that could affect local governments 6 Board of Supervisors and Legislative Delegation Discussion CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~l Date: Subject: November 8, 2000 Item Number: Recognizing Jonathan Francis Blaszak of Troop 888, Sponsored by Saint Augustine's Catholic Church, Robert Steven Boles, Jr., Troop 829, Sponsored by Saint Matthias' Episcopal Church, and Christopher Leland Sasser, Troop 877, Sponsored by Chester Presbyterian Church, Upon Attaining Rank of Eagle Scout County Administrator's Comments: County Administrator: Board Action Requested: Adoption of attached resolution Summary of Information: Staff has received a request for the Board to adopt a resolution recognizing Mr. Blaszak of Troop 888, Mr. Boles of Troop 829, and Mr. Sasser of Troop 877, upon attaining rank of Eagle Scout. They will be present at the meeting, accompanied by members of their family, to accept the resolutions. Dale District Jonathan Francis Blaszak Parents: John & Ellen Milano Midlothian District Robert Steven Boles, Jr. Parents: Robert & Martha Bermuda District Christopher Leland Sasser Parents: Gene and Kimberly Lisa H. Elko Attachments: Ycs Title: No Clerk to the Board WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy .Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Jonathan Francis Blaszak, Troop 888, sponsored by Saint Augustine's Catholic Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Jonathan is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Jonathan Francis Blaszak and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. 104 WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Robert Steven Boles, Jr., Troop 829, sponsored by Saint Matthias' Episcopal Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Robby is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Robert Steven Boles, Jr. and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Christopher Leland Sasser, Troop 877, sponsored by Chester Presbyterian Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his Country, Christopher is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Christopher Leland Sasser and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: November 8, 2000 Item Number: 15.A. - Subject: A Public Hearing to Consider the Restriction of Through Truck Traffic on Pocoshock Boulevard County Administrator's Comments. County Administrator: ~ Board Action Requested: A public hearing is scheduled for November 8, 2000, to consider the restriction of through truck traffic on Pocoshock Boulevard between Hull Street Road and Elkhardt Road. Summa~ oflnformation: Staff has received a request to restrict any through truck or truck and trailer or semi-trailer combination, except pickup or panel trucks, from using Pocoshock Boulevard (Route 733) between Hull Street Road (Route 360) and Elkhardt Road (Route 663). The recommended alternate route is Elkhardt Road (Route 663), Turner Road (650), and Hull Street Road (Route 360). The Virginia Department of Transportation (VDOT) has five (5) criteria it considers when a restriction is requested. Based on staff's preliminary review, this request will satisfy two (2) of VDOT's five (5) criteria for imposing a restriction, in that: (1) there is a reasonable alternate route, and 2) the route is classified as a local or collector road. This request will not meet the remaining three (3) criteria in that: 1) the volume of through trucks does not exceed VDOT's required daily volume, 2) there are not 12 or more dwellings per 1000 feet of roadway along Pocoshock, and 3) the accident history of the roadway does not indicate that it is not suitable for truck traffic. A request that satisfies at least three (3) of VDOT's five (5) criteria will generally qualify for a restriction. Preparer: ,~/~ ~ Title: ~. J. McCracken Agcn470 Director of Transportation Attachments: Yes ~--~No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Recommendation: If the Board wishes to pursue this request, the attached resolution requesting the Virginia Department of Transportation to restrict through truck traffic on Pocoshock Boulevard between Hull Street Road and Elkhardt Road should be adopted. District: Clover Hill Attachments WHEREAS, the Chesterfield County Board of Supervisors received a request to restrict any through truck or truck and trailer or semi- trailer combination except pickup or panel trucks from using Pocoshock Boulevard between Hull Street Road and Elkhardt Road; and WHEREAS, the recommended alternate route is Elkhardt Road, Turner Road, and Hull Street Road; and WHEREAS, Chesterfield County will use its good offices for enforcement of the proposed restriction; and WHEREAS, the Board has conducted a public hearing on the restriction. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors requests the Virginia Department of Transportation to restrict through truck traffic on Pocoshock Boulevard between Hull Street Road and Elkhardt Road. November 8, 2000 Agen470 Chippenham Parkway 1000 0 1000 2000 Feet Proposed Restriction Alternate Route N Pocoshock Boulevard Through Truck Traffic Restriction An AffiJ iate of Media Generat Advertising Affidavit (This is rml a bill Please pay from invoice) P, ©. Bo~: 85333 Richmond~ Virginia 23293~0001 (804) 649.6000 TA'K'E NO'F[CETAKR NOTICE THAT 'FHI~ Ig(}ARD (') 2.00' x 2)..0{) ATTACH HERE Media General Operations, Publisher of 1/01/2 000 Sworn to and subscribed before THIS IS NO A BILL. ASE PAY FROM INVOICE. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: November 8, 2000 Item Number: 15.B. Subject: Public Hearing to Consider an Ordinance Amending the Uniform Statewide Building Code to Increase Penalties County Administrator's Comments: County Administrator: ~~_ Board Action Requested: The Board of Supervisors is requested to adopt the attached ordinance. Summary of Information: In 2000, the General Assembly amended state law changing the penalties for violation of the Uniform Statewide Building Code (USBC). In order for the County's ordinance to be consistent with the changes to state law the County's code needs to be amended. The attached ordinance, which complies with the state law changes, makes the following changes to the County Code: 1) Increases the penalty for a third or subsequent conviction for violation of the USBC at the same property to confinement in jail for not more than 10 days and a fine of between $2500 and $5000. Previously, the penalty was only a fine ranging between $1500 and $2500; Preparer: Steven L. Micas Attachments: Yes ~ No Title: County Attorney 0522:50990.2 (50996.1) CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: October 25, 2000 Item Number: 2) 3) Provides that each day a violation continues after a conviction or after the court orders the violation corrected and the correction has expired shall constitute a separate violation of the building code; and Deletes the provision which provides that the minimum fines are only applicable in situations where the conviction was for a violation which caused a building or structure to be unsafe or unfit for human habitation. Now, minimum penalties apply to all violations. 0505:50990.2 (50996.1) AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTION 5-10 RELATING TO VIOLATIONS AND PENALTIES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: That Section 5-10 of the Code o_f the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 5-10. Violations and penalties. No owner or any other person, firm or corporation shall violate any provision of the Virginia Uniform Statewide Building Code. Any violation shall be a misdemeanor and any owner or any other person, firm or corporation convicted of such a violation shall be punished by a fine of not more than $2,500.00, except as otherwise provided in this section. If the violation concerns a residential unit and if the violation remains uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation. Except as otherwise provided by the court for good cause shown, any such violator shall abate or remedy the violation within six months of the date of conviction. Each day that a violation continues after conviction or after the court ordered abatement period has expired shall constitute a separate offense. Any person convicted of a second offense committed within less than five years after a first offense under this chapter shall be punished by a fine of not less than $1,000.00 nor more than $2,500.00. Any person convicted of a second offense committed within a period of five to ten years after a first offense under this chapter shall be punished by a fine of not less than $500.00 nor more than $2,500.00. Any person convicted of a third or subsequent offense involving the same property committed within ten years after an offense under this chapter shall be punished by confinement in jail for not more than ten (10) days and by. a fine of not less than~,~,.,,,,,.,,v*' ~ ~r~ $2,500.00 nor more than ~,,-,-,,,~,.v,,~"~ ~a ~c~ $5,000.00. (2) That this ordinance shall become effective immediately upon adoption. 0505:50996.1 An Affiliate of ~edia Genera~ Advertisin9 Affidavi~ (This is not a bi~l. P~e~se pa¥trom invoice) P, O. Box 85333 Richmond, Virginia 23293-8001 (804) 649-5000 Date Code TAKE F~C)TICETAK'F~ Nf)T[C,F~ THAT THF R()ARD ACH HERE ~edia General Operations, inc. Publisher of 10/25/2000 11 '01/2000 The first ioseAion bein9 9 iven .... 1012fit~ooo Sworn to and subscribed ~fore State of Vk§inia C~y of Richmond My Commission expires CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~l Date: November 8, 2000 Item Number: 15.c. Subject: Public Hearing to Consider Approval of Ground Lease with the Certificates of Participation Financing in Connection County Administrator's Comments: County Administrator: ~ Board Action Requested: Approval of ground lease Certificates of Participation Financing. in connection with the Summary of Information: On October 25, 2000, the Board approved a resolution authorizing the issuance of certificates of participation to finance the Juvenile Detention Home, Information Systems Technology Expansion, and Airport T-hangar projects. In addition the Board set a public hearing to consider ground lease in conjunction with that financing. Staff intends to accept bids on the financing in either December 2000 or January 2001, at which time, the Board will be asked to approve the award and corresponding documents associated with that sale. Preparer: Rebecca T. Dickson Attachments: Yes ~-] No Title: Director, Budget and Manaqement 114 HD&W DRAFT DATED NOVEMBER 1~ 2000 GROUND LEASE THIS GROUND LEASE, dated as of January 1, 2001, by and between the COUNTY OF CHESTERFIELD, VIRGINIA, a political subdivision of the Commonwealth of Virginia, as lessor (the "Lessor"), and , a corporation organized and existing under the laws of __ , as lessee (the "Lessee"); WITNESSETH: WHEREAS, the Lessee desires to acquire a leasehold interest in certain real property from the Lessor, and to provide funds, among other things, to pay the costs of the acquisition, construction, installation, furnishing and equipping thereon of (i) the expansion and renovation of the Lessor's existing Juvenile Detention Home and the renovation of the Lessor's existing Juvenile Courts Building for use as a juvenile detention facility; (ii) the expansion and renovation of the Lessor's existing Information Systems Technology Building; and (iii) a new Airport Hangar at the Chesterfield County Airport, as well as related on-site and off-site improvements; WHEREAS, the Lessee desires to lease such real property (other than the off-site improvements) to the Lessor pursuant to a Lease/Purchase Agreement, to be dated as of January 1, 2001 (the "Lease/Purchase Agreement"); and WHEREAS, the Lessor proposes to enter into this Ground Lease with the Lessee in order to enable the Lessee to acquire a leasehold interest in such real property and to finance the acquisition, construction, installation, furnishing and equipping thereon of (i) the expansion and renovation of the Lessor's existing Juvenile Detention Home and the renovation of the Lessor's existing Juvenile Courts Building for use as a juvenile detention facility; (ii) the expansion and renovation of the Lessor's existing Information Systems Technology Building; and (iii) the new Airport Hangar at the Chesterfield County Airport, as well as related on-site and off-site improvements, and to lease such real property (other than the off-site improvements) back to the Lessor under the Lease/Purchase Agreement; NOW, THEREFORE, for and in consideration of the premises and the mutual covenants hereinafter contained, the parties hereto covenant and agree as follows: SECTION 1. Lease of Site and Buildings. The Lessor hereby demises and leases to the Lessee, and the Lessee hereby leases from the Lessor, the real property described in Exhibit A, attached hereto and incorporated herein, as such. description may be amended from time to time with the consent of the Lessor (the "Sites"), together with the Lessor's existing Juvenile Detention Home, Juvenile Courts Building (which is being renovated for use as a juvenile detention facility) and Information Systems Technology Building and the new Airport Hangar at the Chesterfield County Airport and all other buildings, structures, improvements and equipment now and hereafter located thereon (the "Buildings") (the Sites and the Buildings are herein collectively referred to as the "Project"), upon the terms and conditions hereinafter set forth; provided, however, that any such 355581,3 022282 AGMT other building, or structures and improvements which constitute, or are part of, a separate and distinct building, which is primarily located on property other than the Sites shall not be a part of the Project for any purposes hereunder; and provided further that the demise and lease by the Lessor to the Lessee hereunder of the real property described in Exhibit A, attached hereto and incorporated herein, on which the Lessor's existing Information Systems Technology Building is located shall be subject and subordinate to the Ground Lease, dated as of December 15, 1993 (the "Prior Ground Lease"), by and between the Lessor and Signet Municipal Leasecorp, Inc., as lessee, as recorded in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia, in Deed Book 2443, pages 641 through 650, until such time as the Prior Ground Lease shall be discharged of record. The Lessee acknowledges and agrees that the Lessor shall at all times retain fee simple title to the Project and at no time shall fee simple title reside in the Lessee. SECTION 2. Term. The ten'n of this Lease shall commence on the date of its delivery and shall expire on December 31, 2030, unless such term is sooner terminated or relinquished as hereinafter provided. This Lease is not subject to renewal upon expiration of such term. SECTION 3. Rental. The Lessee has paid to the Lessor as and for rental hereunder the sum of $100 and other valuable consideration upon the execution of this Lease, receipt of which is hereby acknowledged, representing rental of the Project in advance for the term of this Lease. SECTION 4. Purpose. The Lessee shall use the Sites solely for the purpose of having the Lessor acquire, construct, install, furnish and equip thereon the expansion and renovation of the Lessor's existing Juvenile Detention Home and the renovation of the Lessor's existing Juvenile Courts Building, the expansion and renovation of the Lessor's existing Information Systems Technology Building and the new Airport Hangar at the Chesterfield County Airport pursuant to the Lease/Purchase Agreement, as well as for such purposes as may be incidental thereto; provided, however, that in the event of default by the Lessor under the Lease/Purchase Agreement, the Lessee may exercise the remedies provided in the Lease/Purchase Agreement. SECTION 5. Title to Sites. The Lessor represents and warrants that it is the owner in fee simple of the Sites. SECTION 6. Assignment and Sublease. The Lessee may assign its rights under this Lease or sell its leasehold interest in, or lease or sublease, the Project without the consent of the Lessor only (i) in connection with any assignment of its rights under the Lease/Purchase Agreement; (ii) if the Lease/Purchase Agreement is terminated for any reason; or (iii) if an "event of default" as defined in the Lease/Purchase Agreement has occurred and is continuing. SECTION 7. Deed of Trust. The Lessor consents to the granting of the Deed of Trust, dated as of January 1, 2001 (the "Deed of Trust"), from the Lessee to and ., as trustees, in order to secure payment of the rental payments provided for in the Lease/Purchase Agreement. -2- 355581.3 022282 AGMT SECTION 8. Termination. In the event the Lessor pays, or provides for the payment of, all the remaining rental payments payable under the Lease/Purchase Agreement, then this Lease shall be considered assigned to the Lessor and terminated through merger of the Lessee's leasehold interest with the Lessor's fee simple interest, and the Deed of Trust shall be released. The Lessee agrees, upon such assignment and termination or upon expiration of the term hereunder, to surrender the Project to the Lessor, and, upon the request of the Lessor, to execute an appropriate instrument evidencing such assignment and termination. Any permanent improvements and structures existing upon the Project at the time of termination of this Lease shall remain thereon and revert to the Lessor and shall be free from any encumbrance at the time of such termination. SECTION 9. Default. If an "event of default" under the Lease/Purchase Agreement occurs and is continuing or upon termination of the Lease/Purchase Agreement pursuant to Article VI thereof, the Lessee shall have the right to possess the leasehold estate created hereunder for the remainder of the term of this Lease as set forth in Section 2 hereof and shall have the right to sell, lease or sublease such leasehold estate or assign or sublet its interest in this Lease upon whatever terms and conditions it deems prudent; provided, however, that the Lessee shall provide the Lessor with adequate public liability insurance covering the Project for the remainder of the term of this Lease and shall furnish the Lessor with evidence thereof and provided further that, in such event, if the Lessee shall receive payments for sale of its leasehold estate or total rental payments for lease or sublease that are, after payment of the Lessee's expenses in connection therewith, in excess of the remaining rental payments payable under the Lease/Purchase Agreement applicable at the time of termination or default, then such excess shall be paid to the Lessor by the Lessee, its assigns, its lessee or its sublessee. The Lessor shall not have the right to exclude the Lessee from the Project or take possession of the Project (other than pursuant to the Lease/Purchase Agreement) or to terminate this Lease prior to the expiration of its term upon any default by the Lessee hereunder, except that if, after the payment or the provision for payment of all rental payments under the Lease/Purchase Agreement, the Lessee fails to transfer, convey and assign its leasehold estate hereunder to the Lessor, then the Lessor shall have the right to terminate this Lease, such termination to be effective thirty (30) days after delivery of written notice of such termination to the Lessee. However, in the event of a default by the Lessee hereunder, the Lessor may maintain an action for damages or for specific performance. SECTION 10. Quiet Eniownent. Subject to Section 11 of this Lease, the Lessee at all times during the term of this Lease shall peaceably and quietly have, hold and enjoy the entire leasehold estate hereunder. SECTION 11. Lease Back to Lessor. Contemporaneously herewith the Lessee will execute the Deed of Trust and the Lessee and the Lessor will execute the Lease/Purchase Agreement whereby the Lessee will lease back its leasehold estate in the Project to the Lessor subject to the Deed of Trust, and the Lessor will lease the same from the Lessee, all in accordance therewith. Section 3.9 of the Lease/Purchase Agreement provides that, upon payment or provision for payment of all remaining rental payments payable thereunder, the Lessee's leasehold interest in the Project shall be transferred, conveyed and assigned to the Lessor. -3- 355581.3 022282 AGMT SECTION 12. Notices. All notices to be given under this Lease shall be in writing and shall be deemed to have been given when delivered in person or when mailed by first class, registered or certified mail, postage prepaid, addressed (a) if to the Lessor, to the County of Chesterfield, Virginia, Chesterfield County Administration Building, P.O. Box 40, Chesterfield, Virginia 23832 (Attention: County Administrator), or (b) if to the Lessee to SECTION 13. Severability. If any provision of this Lease shall be held invalid by any court of competent jurisdiction, such holding shall not invalidate any other provision hereof. SECTION 14. Successors and Assigns. This Lease shall be binding upon and inure to the benefit of and be enforceable by the parties and their respective successors and assigns. SECTION 15. Applicable Law. This Lease shall be deemed to have been made in the Commonwealth of Virginia and its terms shall be governed by, and construed and enforced in accordance with, the laws of the Commonwealth of Virginia and any suits and actions arising out of this Ground Lease shall be instituted in a federal court in the Eastern District of Virginia or in a Circuit Court in Chesterfield County, Virginia. SECTION 16. Counterparts. This Lease may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which together shall constitute but one and the same Ground Lease. -4- 355581.3 022282 AGMT IN WITNESS HEREOF, the Lessor, acting through its Board of Supervisors, and the Lessee have caused this Lease to be duly executed as of the day and year first above written. LESSOR: COUNTY OF CHESTERFIELD, VIRGINIA By: Title: County Administrator LESSEE: [ By: Title: 355581.3 022282 AGMT COUNTY OF CHESTERFIELD ) ) COMMONWEALTH OF VIRGINIA ) The foregoing instrument was acknowledged before me in Chesterfield, Virginia, this __ day of , 2001, by Lane B. Ramsey, County Administrator of the County of Chesterfield, Virginia. My commission expires: Notary Public oF ) ) COMMONWEALTH OF VIRGINIA ) Virginia, this__ of The foregoing instrument was acknowledged before me in the day of ,2001, by , My commission expires: ,20 . Notary Public -6- 355581.3 022282 AGMT EXHIBIT A [To Comel A-1 355581 3 022282 AGMT Engineers · Surveyors · Planners · Landscape Architects Environmental Scientists · Geographic Information Systems Consultants · Construction Managers 711 N. Courthouse Road · Richmond, Virginia 23236 · (804) 794-3500 · FAX (804) 794-7639 Chesterfield County Juvenile Detention Center Facility Description DESCRIPTION of a parcel of land located in the Dale District, County of Chesterfield, Commonwealth of Virginia and being a portion of the property conveyed to the County of Chesterfield in Deed Book 929 Page 104 (a portion of Tax Parcel ID Number 773-665-2523) and Deed Book 870 Page 539 (a portion of Tax Parcel ID Number 773-663-0387). Said parcel being more fully described as follows: BEGINNING AT A POINT, said point being a rod set at the intersection of the western line of Krause Road (State Route 903), a 66 foot wide public right of way, and the northern line of a 60 foot wide Commonwealth Natural Gas Easement dedicated per Deed Book 870 Page 539. Said point also being approximately 369 feet south of the intersection of the western line of Krause Road and the southern line of Gatesgreen Drive (State Route 2013) extended. THENCE, from said point of beginning, leaving the western line of Krause Road and following the northern line of the Commonwealth Natural Gas Easement, N 39020'05'' W, 1007.79 feet to a rod set on the southern bank of a branch; Thence, N 39020'05" W, 9.00' to a point in the center of the branch; Thence, leaving the northern line of the Commonwealth Natural Gas Easement and following the center of the branch, N 47°49'15'' E, 38.92 feet to a point; Thence, N 61°09'10'' E, 39.90 feet to a point; Thence, N 72036'35'' E, 26.06 feet to a point; Thence, N 86045'30'' E, 36.01 feet to a point; Thence, N 50°53'19'' E, 13.42 feet to a point; Thence, N 71030'09'' E, 22.39 feet to a point; Thence, N 41049'59'' E, 38.88 feet to a point; Thence, N 57°10'31" E, 23.69 feet to a point; Thence, N 47°28'21" E, 30.47 feet to a point; TIMMONS Corporate Headquarters 711 N. Courthouse Road · Richmond, VA 23236 · (804) 794-3500 · FAX (804) 794-7639 Branch Offices 8803 Staples Mill Road · Richmond, VA 23228 · (804) 262-7396 · FAX (804) 266-7219 4411 Crossings Blvd. o Prince George, VA 23875 · (804) 458-8685 · FAX (804) 751-0798 6501 Mechanicsville Turnpike · Suite G-3 · Mechanicsville, VA 23111 · (804) 559-4520 · FAX (804) 559-4522 10705 Spotsylvania Avenue · Suite 101 · Fredericksburg, VA 22408 · (540) 891-4010 · FAX (540) 891-4665 8642 W. Market Street - Suite 436 · Greensboro, NC 27409 · (336) 662-0411 · FAX (336) 662-0420 Engineers · Surveyors · Pla nners · Landscape Architects Environmental Scientists · Geographic Information Systems Consultants · Construction Managers 711 N. Courthouse Road · Richmond, Virginia 23236 · (804) 794-3500 · FAX (804) 794-7639 JDC Description Page 2 Thence, N 58°1Y36" E, 44.86 feet to a point; Thence, leaving the center of the branch, S 17o35'09'' E, 8.14 feet to a rod set on the southem bank of the branch; Thence, S 17035'09" E, 220.66 feet to a rod set; Thence, N 86012'54" E, 153.02 feet to a rod set; Thence, S 64°00'36'' E, 120.65 feet to a rod set; Thence, N 26008'25'' E, 290.46 feet to a rod set; Thence, S 63051'35" E, 338.77 feet to a rod set on the western line of Krause Road; Thence, following the western line of Krause Road, S 25°16'14'' W, 481.80 feet to a rod found; Thence, S 26001'24'' W, 398.59 feet to the point of beginning. CONTAINING: 10.032 acres and encompassing a portion of the property being used as the Juvenile Detention Center Facility. Written by TIMMONS in conjunction with a field survey performed on October 27, 2000, TIMMONS reference number 55636. o~.0 i o - -z. --/ - o l> ~ 0 M. DWAYNE DUNEVANT & No. 2287 TIMMONS Corporate Headquarters 711 N. Courthouse Road · Richmone VA23236 · (804) 794-3500 · FAX (804) 794-7639 Branch Offices 8803 Staples Mill Road · Richmond, VA 23228 · (804) 262-7396 · FAX (804) 266-7219 4411 Crossings Blvd. · Pdnce George, VA 23875 · (804) 458-8685 · FAX (804) 751-0798 6501 Mechanicsville Turnpike · Suite G-3 · Mechanicsville, VA 23111 · (804) 559-4520 · FAX (804) 559-4522 10705 Spotsylvania Avenue · Suite 101 · Fredericksburg, VA 22408 · (5401 891-4010 · FAX (540) 891-4665 8642 W. Market Street · Suite 136 - Greensboro NC 27409 · (336) 662-0411 · FAX (336) 662-0420 Engineers · Surveyors · Planners · Lan dsca pe Architects Environmental Scientists · Geographic Information Systems Consultants · Construction Managers 711 N. Courthouse Road · Richmond, Virginia 23236 · (804) 794-3500 · FAX (804) 794-7639 Chesterfield County Information Services Technology Description DESCRIPTION of a parcel of land located in the Dale District, County of Chesterfield, Commonwealth of Virginia and being a portion of the property conveyed to the County of Chesterfield in Deed Book 627 Page 362 (a portion of Tax Parcel ID Number 772-663-9929). Said parcel being more fully described as follows: BEGINNING AT A POINT, said point being on the western line of Krause Road situated approximately 25 feet west of the physical center line of Krause Road (State Route 903) and approximately 47 feet north of the physical center line of Krause Road West and also being 0.5 feet southwest from a rod found disturbed. THENCE, leaving the western line of Krause Road from said point of beginning, along a curve to the right with a radius of 25.00 feet, a tangent length of 21.99 feet, a central angle of 82°39'38'', the long chord of which bears S 68028'23'' W for a distance of 33.02 feet; Thence along the arc of said curve for a distance of 36.07 feet to a rod found approximately 25 feet north of the physical center line of Krause Road West; Thence, N 70°11'48" W, 31.99 feet to a rod found approximately 25 feet north of the physical centefline of Krause Road West; Thence, along a curve to the left with a radius of 292.66 feet, a tangent length of 54.67 feet, a central angle of 21 °09'48% the long chord of which bears N 80046'42'' W for a distance of 107.49 feet; Thence along the arc of said curve for a distance of 108.10 feet to a rod found approximately 25 feet north of the physical center line of Krause Road West; Thence, S 88038'24'' W, 274.27 feet to a rod set approximately 25 feet north of the physical centerline of Krause Road West; Thence, along a curve to the right with a radius of 30.00 feet, a tangent length of 29.98 feet, a central angle of 89°58'08'', the long chord of which bears N 46o22'32'' W for a distance of 42.41 feet; Thence along the arc of said curve for a distance of 47.11 feet to a rod set approximately 14 feet east of the physical center line of Public Safety Way; Thence, N 01°23'27" W, 268.15 feet to a rod set approximately 14 feet east of the physical centerline of Public Safety Way; TIMMONS Corporate Headquarters 711 N. Courthouse Road · Richmond, VA 23236 · (804) 794-3500 · FAX (804} 794-7639 Branch Offices 8803 Staples Mill Road - Richmond, VA 23228 · (804) 262-7396 · FAX (804) 266-7219 441~' Crossings Blvd. · Pdnce George, VA 23875 · (8041 458-8685 · FAX (804) 751-0798 6501 Mechanicsville Turnpike · Suite G-3 · Mechanicsville, VA23111 · (804) 559-4520 · FAX 1804) 559-4522 10705 Spotsylvania Avenue · Suite 101 · Fredericksburg, VA 22408 · (540) 891-4010 · FAX (540) 89 t-4665 8642 W. Market Street - Suite 136 · Greensboro, NC 27409 · I336) 662-0411 · FAX (336) 662-0420 Engineers · Surveyors · Planners · Landscape Architects Environmental Scientists · Geographic Information Systems Consultants · Construction Managers 711 N. Courthouse Road · Richmond, Virginia 23236 · (804) 794-3500 · FAX (804) 794-7639 IST Description Page 2 Thence, N 00°45'31" E, 91.34 feet to a rod set approximately 16' east of the physical centerline of Public Safety Way; Thence, N 07o31'56'' W, 83.86 feet to a rod set approximately 15.5 feet east of the physical centerline of Public Safety Way; Thence, N 88033'23'' E, 288.97 feet to a rod set; Thence, S 64°55'17'' E, 400.41 feet to a rod found on the western line of Krause Road approximately 25 feet west of the physical centefline of Krause Road; Thence, S 27008'34'' W, 358.25 feet along the western line of Krause Road to the point of beginning. CONTAINING: 5.746 acres and encompassing the Chesterfield County Information Services Technology Building. Written by TIMMON$ in conjunction with a field survey performed on October 26, 2000, TIMMONS reference number 55635. TIMMONS Corporate Headquarters 711 N. Courthouse Road · Richmond, VA 23236. [804) 794-3500 · FAX (804) 794-7639 Branch Offices 8803 Staples Mill Road · Richmond, VA 23228 · (804) 262-7396 · FAX (804) 266-7219 4411 Crossings Blvd. · Prince George, VA 23875 · (804) 458-8685 · FAX (804) 751-0798 6501 Mechanicsville Turnpike · Suite G-3 · Mechanicsville. VA 23111 - (804) 559-4520 · FAX (804) 559-4522 10705 Spotsylvania Avenue · Suite 101 · Fredericksburg, VA 22408 · (540) 891-4010 · FAX (5401 891-4665 8642 W. Market Street · Suite 136 · Greensboro, NC 27409 · (336) 662-0411 · FAX (336) 662-0420 Engineers · Surveyors · Planners · Landscape Architects Environmental Scientists · Geographic Information Systems Consultants · Construction Managers 711 N. Courthouse Road · Richmond, Virginia 23236 · (804) 794-3500 · FAX (804) 794-7639 CHESTERFIELD COUNTY AIRPORT 'T-HANGAR BUILDING' DESCRIPTION DESCRIPTION of a parcel of land located in the Dale District, County of Chesterfield, Commonwealth of Virginia and being a portion of the property conveyed to the County of Chesterfield in Deed Book 1004 Page 312, Deed Book 1000 Page 374, Deed Book 996 Page 418, Deed Book 992 Page 64, Deed Book 985 Page 577, Deed Book 984 Page 622, Deed Book 983 Page 433, Deed Book 981 Page 712, Deed Book 981 Page 4, and Deed Book 484 Page 290 (a portion of Tax Parcel ID Number 768-671-3895). Said parcel being more fully described as follows: COMMENCING AT A PK-NAIL, said PK-nail being shown as BM-6 at Station 24+80.29 BL "RW" Offset 1318.69' RT on sheet 2 of 12, Chesterfield County Site Plan No. 01PR0101 by Delta Airport Consultants, Inc. dated August 2000, said PK-nail being S 39°23'23" E, 1000.00 from another PK nail shown on said Site Plan as BM-4 at Station 34+80.29 BL "RW" Offset 1318.76' RT; Thence, N 22031'08'' E, 123.89 feet to an iron rod set, said iron rod being true POINT OF BEGINNING; Thence, N 39°18'05" W, 441.00 feet to an iron rod set; Thence, N 50°41 '55" E, 50.00 feet to an iron rod set; Thence, S 39°18'05" E, 441.00 feet to an iron rod set; Thence, S 50°41'55" W, 50.00 feet to the true Point of Beginning; CONTAINING: 0.5062 acres and encompassing a proposed T-HANGAR BUILDING. Written by TIMMONS in conjunction with a field survey performed on October 26, 2000, TIMMONS TIMMONS reference number 55634. Corporate Headquarters 711 N. Courthouse Road · Richmond, VA 23236 · (804) 794-3500 - FAX (804) Branch Offices 8803 Staples Mill Road · Richmond, VA 23228 · (804) 262-7396 - FAX (804) 266-7219 4411 Crossings Blvd. · Prince George, VA 23875 · (804) 458-8685 · FAX (804) 751-0798 6501 Mechanicsville Turnpike · Suite G-3 o Mechanicsville, VA 23111 · (804) 559-4520 · FAX (804) 559-4522 10705 Spotsylvania Avenue · Suite 101 · Fredericksburg, VA 22408 · (540) 891-4010 - FAX (540) 891-4665 8642 W. Market Street · Suite 136 · Greensboro, NC 27409 · (336) 662-0411 · FAX (336) 662-0420 Ar~ Aff~tiate of Media General R O. Bo× 85333 Richmond, Virginia 23293~001 (804) 649-600O (~,Nf R~iTRR FI[RI J) Cod , ~ tion ~21 TAKR NO"FI{;F ['AKR N{'YFf(iY I'NAT TFIF t::~OARF) {) Media Ge~era~ Operations, Inc. Publisher of THE RICHMOND TI~ES~DlSPATCH This is to certify that the attached TAKF was punished ~y Richmond Newspapers, ]nc, state of V~rg~n~a, on the f°~ow]ng dates: 11/01/2000 Sworn to and subscribed before Su CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meeting Date: November 8, 2000 Item Number: 15.D. Subject: PUBLIC HEARING: Ordinance to Vacate a Fifty Foot Right of Way Known as Treport Road and Fifteen Foot Temporary Construction Easements Within Salisbury Heathland - Section A County Administrator's Comments: County Administrator: BoardAction Reques~d: Staff recommends that the Board of Supervisors adopt an ordinance to vacate a 50' right of way known as Treport Road between Lot 1, Block C and Lot 16, Block B, and 15' temporary construction easements within Salisbury Heathland - Section A. Summary of Information: Frederick M. Cozad and Linda W. Cozad have submitted an application requesting the vacation of a 50' right of way known as Treport Road between Lot 1, Block C and Lot 16, Block B, and 15' temporary construction easements within Salisbury Heathland - Section A. Necessary easements will be retained. This request has been reviewed by staff and approval is recommended. District: Midlothian Preparer: John W. Harmon Title:Right of Way Manager Attachments: Yes No VICINITY SKETCH PUBLIC HEARING: ORDINANCE TO VACATE A FIFTY FOOT RIGHT OF WAY KNOWN AS TREPORT ROAD AND FIFTEEN FOOT TEMPORARY CONSTRUCTION EASEMENTS WITHIN SALISBURY HEATHLAND - SECTION A ivlcGui~ One ~l~'""~-C~nt e r 901 East Carv Slreet Richmond, VA 23219-4030 Phone: 804,775. ! 000 Fax: 804.775.t 061 www. mc§uirewood s.c nm D, Brennen Keene C)irect: 604.775 November 8, 2000 bkeeneomc§u{rewoods.com Lgirec[ Fax: 804.698.20§$ BY FAX AND BY MAIL Mr. John Harmon, Manager Chesterfield County Right-of-Way Department P. O. Box 40 Chesterfield, Virginia 23832 Proposed vacation of Trepod Road Dear John: As we discussed, I would like to cladfy Atack Properties' deferral request for the Board of Supervisors action on the proposed Treport Road ordinance of vacation. As you will recall, Atack Properties will support the proposed ordinance of vacation after it has obtained approval for an entrance on Winterfield Road that serves the proposed residential subdivision on the parcel owned by Atack Properties (the "Property"). To that end, Atack Properties requests that the Board of Supervisors defer action on the Treport Road ordinance of vacation until such time that the earliest of the following occurs: (a) Atack Properties has an approved entrance plan and adequate right-of-way to construct that entrance on Winterfield Road; (b) the Right-of-Way Department, in conjunction with the County Transportation Department, determines that Atack Properties has an alternate access to a public road that serves the proposed residential subdivision on the Property; or (c) six months passes from the date of the Board's hearing. Please call me should you have any questions about this Thank you for your attention. deferral request. D. Brennen Kdene CC: The Honorable Edward B, Barber, Supervisor Midlothian Magisterial District Mr. Lane Ramsey, Chesterfield County Administrator Mr. Frederick M. and Ms, Linda W. Cozad Mr. James L. and Ms. Pauline A. Hudkins NOU-08-2000 11:EB HcGuineDoods LLP 97X P.02 McGuireWoods LLP One James Center ')Ol Fast Cary Street Richmond, VA 2321 Phone: 804.775. ! 000 Fax: 804.775.106I www. mcguirewoods.cr)m D. Brennen Keene Direct: 804.775,1005 November 6, 2000 b keene(,,'mcguirewoods.com Direct Fax: ~04.698.2085 BY FAX AND BY MAIL Mr. John W. Harmon, Manager Chesterfield County Right-of-Way Department P. O. Box 40 Chesterfield, Virginia 23832 Proposed vacation of Treport Road Dear John: As you may recall, we represent Atack Properties, Inc., the owner of a parcel of land that has a limited amount of frontage on Winterfield Road and has legal access to a public right-of-way called Treport Road (the "Property"). Atack Properties sought and obtained rezoning of the Property to permit a residential subdivision and proffered that the residential development would not have access onto Treport Road. My client agreed to this proffer with the understanding that the proposed residential development would have access via Winterfield Road and that the Treport Road access would be unnecessary. Unfortunately, the Winterfield Road access has not been fully resolved. Specifically, the existing right-of-way on Winterfield Road does not currently satisfy the entrance design criteria required by the County's Transportation Department and the Virginia Department of Transportation. We are working to resolve this issue. Frederick M. Cozad, an adjacent property owner to Treport Road, recently advised us that he and his wife intended to petition the County to vacate Treport Road. We advised Mr. Cozad that Atack Properties intends to support his request to vacate Treport Road once the Winterfield Road entrance issue is resolved. We were surprised that this matter has now appeared on the Board's agenda without the consent of Atack Properties. This proposed ordinance could have a significant detrimental impact on the ability of our client to provide adequate access to the Property. Therefore, our client must, at this time, respectfully oppose the proposed ordinance of vacation of Treport Road and requests that the Board of Supervisors defer its vote on this ordinance until such time as the Winterfield Road access issue is resolved. Thank you for your time and attention. Please call me should you have any questions. D. Brennen Keene CC: The Honorable Edward B. Barber, Supervisor Midlothian Magisterial District Mr. Lane Ramsey, Chesterfield County Administrator Mr. Frederick M. and Ms. Linda W. Cozad Mr. James L. and Ms. Pauline A. Hudkins A~ Affiiiate o~ Media General Advertising Affidavit (This is not a bill; Please pay from invoice) CHRSTRRRII,T} CO RIGHT WAY RI'GHT OF WAY T}RPT 6710 W KRAVNR CHR,qTRR FI'RI ,D VA 23fi32 R O, Box 85333 Richmond, Virginia 232934)001 (804) 649-6000 Account N um~ Date ~/(} 1/2000 Date Code Description Ad Size TOtal CoSt __ TAKR NOT[CRTHAT ON NOVRMF~RR 8 2000 AT 70 2.00 x 1%00 ATTACH HERE Media Ger~erai Operations, inc. Publisher of THE RICHMOND TIMES*DiSPATCH This is to certi~ that the attached TAKF, NOTICRTHAT C)N NCC was published by Richmond Newspapers, inc. in the C~y of Richm~d, State of Virginia, on the following dates: 1/01/2000 The first insertion being given .... ] 0125/2oo0 Sworn to and subscribed before me this State of Virginia C~y of RiChmond My CommNsion expires _ THIS IS NOT A BILL, PLEASE PAY FROM INVOICE. THANK CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 8, 2000 Item Number: 15.E. Subject: PUBLIC HEARING: Ordinance to Vacate a Portion of a Twenty-Six Foot Drainage and Sewer Easement Across Lot 18, Antler Ridge, Section 4 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 26' drainage and sewer easement across Lot 18, Antler Ridge, Section 4. Summary of Information' Roger K. White and Diane L. White have submitted an application requesting the vacation of a portion of a 26' drainage easement across Lot 18, Antler Ridge, Section 4. This request has been reviewed by staff and approval is recommended. District: Matoaca Preparer: John W. Harmon Title:Riqht of Way Manager Attachments: Yes No VICINITY SKETCH PUBLIC HEARING: ORDINANCE TO VACATE A PORTION OF A TWENTY SIX FOOT DRAINAGE AND SEWER EASEMENT ACROSS LOT 18, ANTLER RIDGE, SECTION 4 PARCEL INFORMATION OWNER: ROGER K. WHITE & DIANE L, WHITE DB 2372 PG 84O PIN No. 725-670-4335-00000 WILLIAH B. DUVAL ~ ANTLER RIDGE RECORDED GENE H, DUVAL IN PB 78 PG 73 DB 1993 PG 7~ PIN No. 725-670-3736-00000 7305 N. SPRING RUN RD. CHARLES W. BROWN, JR. 8 DIANE E. BROWN DB 3023 PG 856 PIN No. 725-670-2330-00000 73~ N. SPRING RUN RD. LOT ~7 MATTHEW T. WILLIAMS DB 3242 PG 524 ]44~5 TROPHY BUCK CT. PIN No. 725-670-4126-00000 N~.7 ' ESM' T 134.55' .' LOT :tS 26' DRAINAGE ~ ,, SEWER ESM'T ---, ATTACH· PB 78 PG 73 SHED EXISTING 2 ST FRAME #~44~6 GARAGE HILLIAM B. DUVAL & 6 H TRUSTEES DB 26~5 PG ~86 PIN NO. 725-670-2347-00000 730~ N. SPRING RUN RD. 3670442.10 15.56 -- SAN S__EH MH TOP 266.5 ZNV 257.5 4.8' · " LOT &9 ; WfLLTA~ R. & ,' PAULA K. SEXTON ,' OB 2358 PG ~474 , ~4414 TROPHY BUCK CT · PIN No, 725-670- ~. ~.~ / 4B15-00000 5.02' FROg HOUSE ..' COR. TO SEWER LINE ,' DETAIL · NOT TO SCALE TROPHY BUCK COURT; --n=50.O0' DELTA=39'57'54" (50' R/W) L=34.88' SAN SEW .H T=18.~8' TOP 257.9 6H=34.~7' INV 249.2 CH BRG:N~7'23'O3"E ,' / BLDG. .' \ ," \ t/Ii NEW ' k .;'~' ~. EASM' AREA IN VACATION 82 SO. FT. PLAT SHOWING AN AMENDED DRAINAGE & SANITARY SEWER EASEMENT ACROSS LOT 18 SECTION 4 ANTLER RIDGE LOCATED IN THE MATOACA DISTRICT OF CHESTERFIELD COUNTY, VIRGINIA SCALE ~" = 30' GENE NATSON ~ ASSOC£ATE~ P.C. REV.: OCT. ~2, 2000 422~ BONNIE BANK RD DATE: AUG. 23, ~993 JN 93-.225A RICHMOND VIRGINIA 804-27~-8038 FILE: 6TM-274 ~n Affiliate of Media General Adve~ising Affidavit (This is not a NIL Please pay f~om invoice) CHRFT'?RRFH,D CO RIGHT WAY RTGHT OF WAY DRPT 67t0 W KRANSE ROAD CHRSTRRFfRLD VA 23832 P.O. Box 85333 Richmond, Virginia 23293~0001 (804) 649-6000 220686 Date 1110112©©0 Code TAKR NOTICRTHAT ON NOVRMRRR g 2000 AT 70 2.00 x 17,ri0 ToBI Cosl Media General Operations, Inc. Publisher of THE RICHMOND Ti M ES-DiSPATCH This is ~o certify that the attached TAKR MOT[CRTHAT (}N was published by Richmond Newspapers, Inc. in the City of State of Wr~in~a, on the following dates: k !2 ~&~5 10/25/27~¢ 11/01/2000 The first insertion being given .... I o/25/2ooo HERE Sworn to and subscribed ~fore me this _..JO/~=~./O 0 S~ate of Virginia City ef Richmond ~Vly Commission e~kes SuPervisor t.~J THIS IS NOT ABILL PLEASE PAY FROM INVOICE, CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meeting Date: November 8, 2000 Item Number: 15.F. Subject: PUBLIC HEARING: Ordinance to Vacate a Forty Foot Right of Way Known as Aldridge Street and Portions of Arrowfield Street and Mansion Drive Within Kovac Acres Subdivision County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors adopt an ordinance to vacate a 40' right of way known as Aldridge Street and portions of two 50' right of ways known as Arrowfield Street and Mansion Drive within Kovac Acres Subdivision. Summary of Information' Calvary Baptist Church has submitted an application requesting the vacation of a 40' right of way known as Aldridge Street and portions of two 50' rights of way known as Arrowfield Street and Mansion Drive within Kovac Acres Subdivision. Necessary easements will be retained. This request has been reviewed by staff and approval is recommended. District: Matoaca Preparer: ~"'~---]~ ~ [-~'-- John W. Harmon Title:Right of Way Manaqer Attachments: Yes --~No !33 VICINITY SKETCH PUBLIC HEARING: ORDINANCE TO VACATE A FORTY FOOT RIGHT OF WAY KNOWN AS ALDRIDGE STREET AND PORTIONS OF ARROWFIELD STREET AND MANSION DRIVE WITHIN KOVAC ACRES SUBDIVISION Ivey M~mori WHITEHOUSE Happy Hill Shop Ctr 6-12,588 Allied Research Zll 9ll OBI l~l ~0~ ZC~ t 'Od ' 'B'O O0000zzg~.o£gooB :N/dO 2.4 ~' 20~21EI~IV OZg,Z .~OINll.~l '7 d1771Hd £Z l ~zE'£ 'Od 'e~££ 00000~10£900B :NldO '~A V ..TOCII~tOTV 3N2.~E0 'N'>I An AffiH~ of IVl~di~ G~a~ Advertising Affidavit (This is not a bill Please pay from iF~VOiCe) C[-~R,qTF, R F'[LD CO 'R~GNT WAY RfGHT OF WAY DNPT d?10 W KRANf~R 'ROAD (~HR~TRRF'f~RD VA 23~32 P, O, Box 85333 Richmond, Virginia 23293-0001 (804) 849-6000 11/01/2000 Date Code Descr!?t ion Ad Size TAKE NOT'[C. RTHAT ON N©V'RMf:~ER g 2000 AT 70 2.no x 1%00 ATTACH HERE Media Genera] OperatiOns, ]nc. Publisher of THE RICH~OND T~ES~DiSPATCH This is to cedi'~ that the a~ached TAKR MC~TfC, F, TI:IAT ON was published bY R~Chmond NeWspapers, ~nc, in the C~ty of state of V~rginia, on the following dates: 11/01/2000 The first insertion being given .... 10/25/2000 Sworn to and subscribed before this / me State of Virginia C~Y of Richmond I'dy Commission expires THiS iS NOT A BILL, PLEAS~ PAY FROM iNVOiCE. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 8, 2000 Item Number: :[6. Su~ect: 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 next scheduled meeting on November 21, 2000, at 4:00 p.m. Preparer = Lisa H. Elko Attachments: Yes Title: No Clerk to the Board