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11-21-2000 PacketCHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~ Date: Subject: November 21, 2000 Item Number: 2. County Administrator's Comments County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: The Accounting Department has completed preparation of the County's FY00 Comprehensive Annual Financial Report, which includes financial statements audited by KPMG,LLP, independent auditors. Representatives of KPMG, LLP will be at the meeting to formally present the report to the Board as required by the Code of Virginia. Preparer: Mary Lou Lyle Title: Attachments: ~-~ Yes No 001 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~l Date: November 21, 2000 Subject: Work Session on Tax Structure Committee Report County Administrator's Comments: Item Number: County Administrator: Board Action Requested: Hold a work session with the Board appointed Tax Structure Committee to receive the Committee's report. Summary of Information: In January, 2000, the Board appointed a 16 member Tax Structure Committee to evaluate the County's tax structure. The Committee, comprised of representatives from business, industry, and citizens' groups, was charged to recommend a stable, equitable, and fair tax structure, consistent with economic development priorities. Recommendations of the committee were to be revenue neutral. The Committee spent the winter and spring gathering and reviewing financial information and spent the summer months working in three different sub- committees; a residential/personal taxes subcommittee, a business tax/ economic development subcommittee, and a strategic planning subcommittee. In early October, the Committee released a list of discussion items and held two public hearings, to receive citizen input on those items. The Committee plans to present their findings and recommendations to the Board at this work session. Preparer: ' I~.~-zz '-j'Z~ ~./cl(.-.,~ Title: Director, Bud,qet and Manaqement Rebecca T. Dickson Attachments' ~-~ Yes No CHESTERFIELD COUNTY TAX STRUCTURE COMMITTEE FINAL REPORT NOVEMBER 21, 2000 INTRODUCTION Taxes have become a "hot topic" in Virginia in recent years. The State has significantly altered the financial outlook for Virginia's 95 counties and 40 cities. Localities across Virginia are faced with increased costs for state mandates in education, mental health, and health related services. Implementation of the Personal Property Tax Relief Act of 1998 has further restricted local government flexibility over a significant source of local revenue. These changes have made state and local taxation an area of interest for all Virginians. Tn response to these and other issues, the General Assembly formed the "Commission to Study Virginia's State and Local Tax Structure for the 21st Century." The Commission includes 13 citizens from across the state. They were asked to "study the proper division of revenues and responsibilities for services between the state and local governments and how the state and local tax structure should be changed to adapt to the tremendous economic, social, demographic, and technological trends that are clearly overwhelming the current tax structure." Like the rest of the Commonwealth, Chesterfield County has been affected by these and other tax issues, including continuing interest in the Business, Professional and Occupational License ("BPOL") Tax. Responding to these issues, the Board of Supervisors created the Tax Structure Committee ("Committee") on .]anuary 12, 2000. The Board desired that the Committee's membership represent the interests of citizens and businesses throughout the County and appointed members from a variety of backgrounds, avocations, and community groups. (A list of the voting members of the Committee is included in the Appendix). The Committee examined all aspects of Chesterfield's local tax structure to ensure its equity, viability and appropriateness for the future. It was also asked to recommend a reliable, stable, fair and equitable tax structure that balances the responsibility for service delivery among all segments of the County's citizens and businesses. All recommendations from the Committee are to be both "revenue neutral" and consistent with the County's economic development priorities. The Committee has met biweekly since February 1, 2000. Members elected Mr. Gary Thomson of the Bermuda District as Chairman. All meetings were open to the public as prescribed by the Freedom of Information Act. After an initial data gathering process, the Committee divided into three subcommittees: one to examine business taxes and economic development strategies, one to review individual and residential taxes, and one to examine the impact of the current tax structure and proposed changes and to provide strategic planning for the Committee. The Committee found the County to be fiscally sound and conservatively managed, with a stable tax structure in light of State constraints on the County's ability to generate revenue. As an example, the County has not raised real estate or personal property tax rates in over 14 years, and, in fact, the County decreased -1- the real estate tax rate by one cent in 1998. The Committee supports the Board of Supervisors' decision to generate revenue from available tax sources other than real estate taxes in an effort to maintain a broad and diverse revenue base. There are, however, stresses currently placed on the Chesterfield business community through the BPOL tax and other business taxes which the Committee believes should be addressed. While the County has taken steps on behalf of its business community to be competitive with surrounding localities, the Committee has concluded that more should be done. The Strategic Planning Subcommittee created several models of Chesterfield's revenues and expenditures. These models showed that the percentage of tax revenue generated by the business community and the percentage generated by the residential community have not significantly varied from year to year, nor over the course of the past ten years. The growth in each sector of the community has kept pace with the level of overall growth within the County, and neither sector has experienced significant changes in the total percentage of the County's tax burden which it pays. The models indicate that business growth within Chesterfield County benefits the whole community by generating additional revenues used for providing services to County residents. The Subcommittees met through the summer, with occasional full Committee meetings to update the other members. The Subcommittees reported to the full Committee during September. A half-day planning session was held later that month to prepare preliminary ideas for public input. The Committee held two public hearings on October 16 and 17, 2000. After those public hearings, the Committee began the task of drafting its final recommendations. At the direction of the Board, the Committee has been bold in developing recommendations that encompass new directions for the County. Some recommendations will require additional legislative steps by other jurisdictions or the General Assembly. -2- II. MISSION STATEMENT The purpose of the Committee is to make recommendations to the Board of Supervisors that will result in a reliable and stable tax structure that assures tax equity and fairly balances the responsibility for service delivery among all segments of the community. These recommendations are revenue neutral and consistent with the County's economic development priorities. III. RECOMMENDATIONS The Committee believes the following recommendations wilt achieve the Board's goal of a "reliable and stable tax structure that assures tax equity and fairly balances the responsibility for service delivery among all segments of the community." To achieve revenue neutrality among the various proposals, some recommendations will have to be implemented concurrently, or phased in as the County's fiscal condition permits. Further, the Committee recognizes that implementation of certain recommendations may affect the current method of allocating County resources among services and functions. The recommendations that follow are not in priority order and they should be given equal consideration. -3- RECOMMENDATION I Reduce And Then Eliminate The Business, Professional And Occupational License Tax (BPOL) Revenue Source: Business License Taxes Assessed On The Gross Receipts Of Chesterfield County Businesses Discussion: The Committee recommends a two-step approach for the BPOL tax. First, the Committee recommends that Chesterfield's BPOL tax rate structure be reduced, so that it is equivalent, and therefore competitive, with the lowest rates in neighboring localities. Accordingly, this downward adjustment in Chesterfield's tax rate structure should be phased in annually over a three to five year period. Immediately following the rate structure changes, the County should take further steps to repeal the BPOL tax. The Committee believes that eliminating the BPOL tax will further business growth within the County and correspondingly increase other County revenues. Second, the Committee recommends that new BPOL tax rate classifications be immediately implemented for certain types of businesses, including biotechnology, information services, research and development, and software development. Favorable rates for these categories will allow economic development advantages for industries which do not currently conduct business in the County. These businesses would generate new revenue streams, as well as further economic growth. The selection of those business categories should be made in close consultation with the Department of Economic Development and the Commissioner of the Revenue. Fiscal Impact: The Business License tax currently generates $16.5 million annually in revenue for Chesterfield County. Making the rates competitive with surrounding localities will cost Chesterfield approximately $4.0 million of this revenue each year. To lessen the financial impact, the Committee recommends a uniform phase-in of competitive rates, over a three to five year period, with the reductions targeted to reduce revenues by approximately $1 million each year. Repeal of the BPOL tax, through another phase-in period if necessary, would result in an elimination of the remaining $12.5 million per year. The Committee recommends alternative revenue sources be collected, as noted elsewhere in this Final Report, to support this reduction. -4- RECOMMENDATION 2 Obtain Authority From The General Assembly To Increase Local Option Sales Taxes By One-Percent For The Richmond Region Revenue Source: Sales Taxes Collected On Point-Of-Sale Transactions Within The County Discussion: In Chesterfield County, state and local sales taxes are currently assessed at the rate of four and one-half percent (41/2%) on all retail sales. Of that tax assessment, Chesterfield receives the local one percent (1%) portion of every sales tax dollar (ie., for a $100 sale, there is a state and local sales tax of $4.50, and Chesterfield receives $1.00 of that amount). The County also receives a portion of the state's sales tax that is dedicated to the County School system based on the average daily membership in the system and which therefore is restricted in use. The School's portion accordingly is not considered part of this recommendation. The Committee recommends that the local sales tax option be increased, on a region-wide basis, by one percent (1%), thereby making the total state and local sales tax five and one-half percent (51/2%) - with Richmond, Henrico and Hanover joining Chesterfield to impose the tax concurrently. Such a change would require approval by the General Assembly. The Committee further recommends that the additional one percent sales tax be divided, with one-half being distributed to the local jurisdictions, and with one-half allocated to designated regional projects (which will need to be identified). This allocation is consistent with the regional concept behind the Metropolitan Area Program Strategies (IVlAPS) request that the Region has forwarded to the General Assembly for consideration. Fiscal Impact: Based on current information, the Committee believes that an additional one percent local sales tax will generate new sales tax revenues within Chesterfield County of $25 million annually, of which Chesterfield would receive approximately $12.5 million. The Committee recommends that the additional local sales tax revenue be allocated to capital improvements for which debt would have been issued. RECOMMENDATION 3 [ncrease Motor Vehicle Decal Fees Revenue Source: Fees Paid By Chesterfield Residents And Businesses For Decals Required To Be Displayed On Their Motor Vehicles Discussion: The Committee recommends a $5 increase on all decal fees for motor vehicles, with the exception of categories where the maximum fee as allowed by the State would be exceeded. For most owners of passenger vehicles, this would increase the current motor vehicle decal fee from $20 to $25. This amount would be less than the maximum allowed by State law, which is equivalent to the State motor vehicle license fee for each class of vehicle. This is a broad-based tax imposed equally upon all motor vehicle owners, both individuals and businesses. The Committee proposes this change, in part, to compensate for a reduction in revenues in other tax categories. An important function of the vehicle decal has been its use to monitor the collection of personal property tax payments for cars, 'trucks, trailers, boats, motorcycles, and other forms of personal property. :It also serves to distinguish locally owned vehicles throughout Virginia localities. Even though the state Personal Property Tax Relief Act will ultimately eliminate the personal property tax on individually owned vehicles of less than $20,000 value, the County must continue to issue decals as an enforcement tool to ensure proper registration, as well as proper reimbursement of County revenues by the State. Fiscal Impact: Current systems do not provide the data needed to predict accurately the exact amount of revenue if the fee on each motor vehicle decal is increased by $5 (or to the state limit, if less). However, based on available information, staff has estimated that additional revenue would be approximately $0.8 to $1.25 million annually. -6- RECOMMENDATION 4 Support Collection Of Fees For Emergency Medical Services Revenue Source: Emergency Medical Service User Fees Discussion: The Committee supports the concept of revenue recovery, although it recognizes that the establishment of a fee structure and the specifics of a methodology for revenue recovery must be determined by the Board. The Committee would support a compassionate billing and collection practice for patients unable to pay for services. The intent of this recommendation is not to deny prompt and effective emergency medical services, but rather to shift the burden for funding those services directly to the population that uses or benefits from the service. Tn most cases, such services are covered expenses in medical plans and group insurance plans. Fiscal Impact: Currently, the County General Fund incurs costs of approximately $6.2 million to provide emergency medical services to County residents. The increase in revenue from this source is estimated to be approximately $3.6 million annually, which would be used generally to the benefit of emergency medical and health-related services. -7- RECOMMENDATION 5 Reduce Real Estate Taxes By [mplementing A Meals Tax Revenue Source: A Tax On Food And Beverages Served By Chesterfield County Businesses Discussion: The Committee recommends that Chesterfield County impose a meals tax on all meals sold and consumed in Chesterfield at the rate of four percent (4%) of sales price, and that all revenues generated by the meals tax offset the current tax on real property. Under existing legislation, a meals tax would require approval by referendum vote by the citizens of Chesterfield County. The meals tax is a broad based tax on prepared meals within the County. is paid by residents and visitors alike and it is already enacted in several neighboring municipalities. A meals tax would result in a further diversification of the County's revenue sources. The Committee additionally believes that this recommendation is welt timed with the construction of the Richmond Convention Center and expected growth in tourism activity. Fiscal Impact: Staff estimates that a 4% meals tax would generate approximately $9.6 million annually in General Fund revenue. Tt is anticipated that the current real property tax rate of $1.08 per hundred dollars of value could be correspondingly reduced by six cents to $1.02 per hundred dollars, once the meals tax is fully implemented. -8- RECOMMENDATION 6 Request The Return Of A Portion Of The State :Income Tax To Chesterfield; Alternatively, Request That The State Fund Currently Underfunded State Mandates Tn Mental Health, Health, And Education Revenue Source: State Income Taxes Discussion: In addition to limiting the taxing authority of localities, the State has established programs that the County must implement without providing the funds needed to cover their costs. This is particularly true in the areas of education, health services, and mental health services. Sharing income tax revenues with localities would diversify the tax base and allow Chesterfield another revenue source to ease reliance on the real estate tax. Alternatively, state funding of mandates would also alleviate the expenditure burdens on Chesterfield County and allow existing revenues to be redirected or tax rates to be reduced. Fiscal Tmpact: The State's Commission on Virginia's State and Local Tax Structure for the 21st Century has examined both issues - returning a portion of the state income tax and providing additional funding for state-imposed mandates. Under the proposal made by the Virginia Association of Counties to the Commission, a statewide sharing of 10% of state income tax revenues would provide $26.25 million to Chesterfield County. With that source, local funds could then be made available for local initiatives or could be used to reduce local real estate tax rates with the effect of further strengthening the diversity and stability of local revenue sources. For example, in Fiscal Year 2000, the County funded $4.8 million of expenditures for Mental Health and $2.6 million for Social Services. -9- RECOMMENDATION 7 Request State Legislation Clarifying The Definition Of Manufacturers For Business License And Personal Property Taxation Revenue Source: Personal Property And Business License Taxes Paid To The County By Processors And Other Business Entities Similar To Manufacturers Discussion: The Committee recommends that the County support the adoption of clear and consistent definitions of manufacturing to ensure equal treatment of business taxpayers throughout Virginia. Currently, businesses falling within the definition of a manufacturer do not pay business license taxes on their manufacturing operations, while they pay a lower machinery and tools rate on property used in the manufacturing process. Fiscal Impact: To be determined - 10- RECOMMENDAT:ZON 8 Consolidate Functions Performed By Both County Government And County Schools Revenue Source: Not Applicable Discussion: The Committee recommends a thorough review be made on how to consolidate functions performed by both the County Government and School System. Consolidating functions could potentially reduce the cost of County operations to partially offset the need for additional tax revenues. The Board should request that appropriate officials of County Government and County Schools be charged by the County Administrator and Superintendent of Schools to identify functions now performed by both organizations that could be properly and more economically performed by a single organization. As examples, the County and Schools currently operate separate payroll, legal, construction management, and human resource services. These are areas where consolidation should be considered. While the Committee recognizes that the County Administrator and Superintendent of Schools regularly take steps to reduce unnecessary duplication of their operations, the potential for additional consolidation must continually be explored. Fiscal Tmpact: To be determined -11- RECOMMENDATION 9 Study The Privatization Of Current County Services Revenue Source: Not Applicable Discussion: The Committee recommends privatizing or franchising solid waste collections and other appropriate services. Areas of potential privatization which could reduce County expenditures include, but are not limited to: Solid Waste/recycling collections/leaf collection Ambulance/EMS Services School Bus Operation Print Shop :Information Technology Support Redirecting services not required to be provided by the County to private sector organizations with particular expertise could increase the value of these services to County residents and could reduce County expenditures. The Committee also recommends the review and possible elimination of County support for private entities. Fiscal Zmpact: To be determined - 12- RECOMMENDAT:[ON :LO Establish A Committee To Study :Impact Fees, Proffers, And Recordation Taxes Revenue Source: Various Discussion: The Committee recommends the establishment of a committee to review impact fees, proffers and additional recordation taxes on real estate transfers. The review should include an analysis of the equity of these fees, the County's competitiveness with surrounding jurisdictions, the impact of such fees on families, and the continuing increase in the maximum proffer amount. The Committee recognizes that proffers are the only mechanism currently available under state law to generate revenue to offset the cost of growth. This Final Report does not include recommendations concerning the alternative use of proffers or impact fees, nor does it recommend change in recordation tax rates. These revenue sources are closely related because they affect the cost of new or resale homes in the County and are ultimately paid by homebuyers. The Committee recommends that the Board initiate a separate study dedicated primarily to the use of proffers, impact fees, or some combination of both to provide funds for capital improvements - schools, emergency services facilities, and other - that generally must accompany new development. Fiscal Impact: To be determined -13- IV. CONCLUSION The Committee appreciates this opportunity to work with the Board of Supervisors in formulating plans to ensure Chesterfield County's continued financial stability into the 21st century. These recommendations represent the consensus of the Committee, although individual members may not agree with all recommendations. We respectfully request the Board's favorable consideration of the recommendations presented by the Committee. Respectfully submitted, Norman R. "Dick" Arnold, Vice Chairman Lawrence R. Belcher Gary R. Thomson, Ch a i r.rrl~/~ ,,-j ,]~.~ Steven Erie, Esq. Rober~ Franklin ~ I~ol~ert R. Palmer, William H. Baxter Walter R. Beam .~. ~ - --7/~_T~ N) ~_~-rette ike~rmichael Frank E. Genovese Patricia H. Harper David B. Robinson Susan R. Sprigg APPENDIX Tax Structure Committee: Mr. Norman R. "Dick" Arnold, Retired, Dale District Mr. William H. Baxter, President, Retail Merchants Association Dr. Walter R. Beam, Bermuda District Mr. Lawrence R. Belcher, President, Ettrick Business Council, Matoaca District Mr. N. Everette "Ike" Carmichael, Commissioner of the Revenue, Chesterfield County, Clover Hill District Mr. ]. Steven Erie, Esq., Law Office of ]. Steven Erie, Esq.f Clover Hill District Mr. Robert Franklin, Human Resources Manger, Carter Wallace, Inc., Matoaca District Mr. Frank E. Genovese, President, The Rothbury Corporation, Midlothian District Ms. Patricia H. Harper, Dale District Mr. Mark G. Long, Regional Vice President, Macerich Company, Midlothian District Mr. Robert R. Palmer, E.I. Dupont, Midlothian District Mr. David B. Robinson, CPA, Midlothian District Ms. Susan R. Sprigg, Executive Vice-President, Homebuilders Association of Richmond, Midlothian District Mr. Gary R. Thomson, CPA, Partner, Goodman & Company, LLP, Bermuda District Mr. ]ames M. Traudt, Davenport & Co., LLC., Midlothian District Staff: Ms. Rebecca T. Dickson, Director, Department of Budget and Management Mr. ]ames G. Dunn, Director, Department of Economic Development Mr. Stylian P. Parthemos, Senior Assistant County Attorney Ms. Kathryn S. Kitchen, Assistant Superintendent for Business and Finance, Chesterfield County Schools Ms. Sheila Minor, Revenue Analyst, Department of Budget and Management CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meetin Date: Subject: November 21, 2000 Adoption of 2001 Legislative Program County Administrator's Comments: Page 1 of 1 8.A~\ County Administrator: Board Action Requested: To adopt the 2001 Legislative Program Summary of Information: The attached document show board members comments and changes to the proposed 2001 Legislative Program and it serves as a guide to the items where Board decisions are required. Ma~Ann Curtin Title: Director of Intergovernmental Relations Attachments: Yes No 003 Board of Supervisors Work Session Proposed 2001 Legislative Program- (As Revised) November 21, 2000 Legislative Priorities Protect all existing revenue sources and taxing authority (includes: Cash Proffers, HB 599, 9-1-1) Provide additional state funding for Comprehensive Services Act shortfalls Amend County Charter to (i) to reflect recodification of Title 15.1 to 15.2 Bullet 3 - All Board members agreed to delete first part of County Charter request relating t~' Bu~lg~t Jirecter receivin~ certain tax information. 2 Legislative Priorities · Support legislative requests of High Growth Coalition · Support equal taxing authority for counties · Support state return of portion of income tax revenues to localities · Support full funding for Rt. 288 as a four lane road Bullet 1, 2, and 3 All five Board members supported moving these items to the Priority category Bullet 4 The Chairman requested the addition of an item to support funding for Route 288. Legislative Priorities · Oppose any new mandates on local governments · Oppose proposals to allow VDOT to bypass local zoning in the siting of telecommunications towers in VDOT rights of way · Oppose any legislation that will weaken the ability of local governments of regulate land use (language from VACo Legislative Program) Bullet 1 All five Board members agreed to move this item to Priority category. Bullet 3 Incorporates VACo language related to local land use authority 4 Legislative Requests Strategic Goal: Model for Excellence in Government Tolls - waiting for JLARC study (due December 11, 2000) Create State certification program for construction site operators for erosion and sediment control plans Deleted item on Health Department fee for restaurant permits - 4 Board members agreed to delete. 5 Legislative Requests Strategic Goal: Model for Excellence in Government · Provide that any proceeding before the BZA would be stayed in the event there is a pending criminal proceeding on the same matter. · Allow localities the discretion not to require finger printing for concealed weapons permit applicants on subsequent applications by a permit holder. Deleted claims procedure item at County Attorney's request (accomplished last session). 6 Legislative Requests Strategic Goal: To be the safest and most secure community of its size in the U.S.A. Amend the State Code to clarify the maximum fine a locality may charge for an uncontested parking violation and increase from a $20 to a $50 maximum. The proposed maximum fines will not apply to fines for illegally parking in handicapped parking areas. Grant summons authority to zoning inspectors Bullet 2 Three Board members wished to retain item on summons authority in legislative program. At a Board member's request, the following information was compiled: Request for Summons for Zoning Violations by Magisterial District October 1999 to October 2000 Bermuda 52 Clover Hill 10 Dale 23 Matoaca 23 Midlothian 47 Total 155 7 State Budget Requests · Continue funding for new van service from new state revenue sources · Continue HB 599 funding · Fully fund staffing standards for Constitutional Officers · Fund Court Services Unit positions Bullet 1 All five Board members wished to clarify that these funds should be new funding from the State for the van service. Support Requests · Provide state funding for operation of Drug Court Expand misdemeanor exceptions for which a juvenile may be taken into custody (brandishing a firearm and vandalism to property on commercial grounds) Bullet 1 Four Board members wished Drug Court item moved to Support category Bullet 2 Expand misdemeanor exceptions item moved to Support category at Col. Baker's request, all five Board members agreed. 9 Support Requests State budget requests of Virginia League of Social Services Executives · State budget requests of Virginia Association of Community Services Boards · State budget requests of Henricus Foundation 10 Support Requests Statewide Emergency Management Association proposal for mandatory tornado drills in schools, and an upgrade of the State Emergency Operations Center Enforcement of primary seatbelt law to promote safety of d~g/ citizens Legislation to provide equitable state funding support for existing regional and independent criminal justice training academies Bullet 1 Four Board members agreed to delete statewide ban on open burning. 11 Support Requests Requiring Compensation Board to fully fund additional positions for Clerk of Circuit Court offices when new judgeships are created Metro Clerks Association position eliminating Compensation Board role in use of technology trust funds and removal of the sunset clause on this statute Support increased State funding for the State Workf0rce Services program Bullet 1 All five Board members agreed to add words "fully" fund. 12 Support Requests · Support state funding for Eppington · Support state funding for Camp Baker · Support state funding for Carpenter Center Bullet 1, 2 and 3 All five Board members agreed'to add items on Eppington, Camp Baker and the Carpenter Center. 2001 Changes to Proposed Legislative Program November 21, 2000 Changes to Legislative Priorities Delete the portion of the Charter change pertaining to the Budget Director receiving certain tax information from Commissioner of Revenue Insert the following Support items as Priorities: · Legislative Requests of Coalition for High Growth Communities · Equal Taxing Authority for Counties · State return of a portion of income tax revenues to localities · Full funding for Rt. 288 as a four lane road Changes to Legislative Priorities Insert the following Oppose items as Priorities: · New mandates on local governments · Proposals to allow VDOT to bypass local zoning in siting of telecommunications towers in VDOT rights of way · Any legislation that will weaken the ability of local governments to regulate land use Changes to Legislative Requests Deleted item on Health Department fee for restaurant permits and renewals Deleted item on claims procedure 2 Changes to State Budget Requests · Added clarification that funding was to be from new state funds for van service Changes to Support Requests · Moved from Priority to Support: · State funding for Drug Court · Expand misdemeanor exception for which a juvenile may be taken into custody (brandishing a firearm and vandalism to property on commercial grounds) · Deleted Statewide ban on open burning · Added full funding to request regarding positions to support new judgeships Changes to Support Requests · Added Support for State funding for Eppington · Added Support for State funding for Camp Baker · Added Support for State funding for the Carpenter Center Changes to Oppose Requests Moved to Priority - item opposing new mandates on local governments - Oppose proposals to allow VDOT to bypass local zoning in the siting of telecommnnications towers in VDOT rights of way · Moved from Priority - oppose any new mandated benefits 4 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 21, 2000 Item Number: s.s. Subject: State Road Acceptance County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: DALE: Government Center Parkway MATOACA: Seaview, Section 2 Preparer: Attachments: Yes NO Title: Director of Environmental Enqineering TO: Board of Supervisors FROM: Department of Environmental Engineering SUBJECT: State Road Acceptance - GOVERNMENT CENTER PKWY DISTRICT: DALE MEETING DATE: 21 November 2000 ROADS FOR CONSIDERATION: GOVERNMENT CENTER PKWY Vicinity Map: GOVERNMENT CENTER PKWY COURTHOUSE RD I STONINGTON CT D 2 SHELTON CT m  3 3 HOTCHKISS CT ~"~ 4 PINE ORCHARD DR IRYDR '~OO~ 5 ST ANNAS CT '~ 6 STABLE GATE RD m° c~ CT X~/-,,~ 7 FOX GRN W '~ 8 FOXG;RN E 9 PADDOCK GROVE CT 10 TREE LINE TR ~ '%,,~UCY CORR BLVD Produced by Chesterfield County GIS TO: Board of Supervisors FROM: Departrmnt of Environmental Engineering SUBJECT: State Road Acceptance - SEAVIEW, SEC. 2 DISTRICT: MATOACA MEETING DATE: 21 Novexdxx 2000 ROADS FOR CONSIDERATION: ROI I INGMIST IN SEAV[EWCr SEAVIEWDR Vicinity Map: SEAVIEW, SEC. 2 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~l Date: November 21, 2000 Item Number: 8.B. 2.a. Subject: Resolution Recognizing Peggy T. Shoosmith Upon Her Retirement County Administrator's Comments: County Administrator: Board Action Requested: The adoption of the attached resolution. Summary of Information: Emergency Communications Officer Peggy T. Shoosmith retired from the Emergency Communications Center having served 16 years of service to the citizens of Chesterfield County. Title: Lieutenant Title: Police Department Senior Captain Fire Department Attachments: Yes [--'--] No RECOGNIZING MS. PEGGY T. SHOOSMITH UPON HER RETIREMENT WHEREAS, Ms. Peggy T. Shoosmith began her public service with the County as a Fire Dispatcher with the Fire Department en July 23, 1984, and has faithfully served Chesterfield County for sixteen years until September 1, 2000; and WHEREAS, Hs. Shoesmith grew with the County and Emergency Communications Center and demonstrated an ability te adapt to technological change as she went from a period ef working without 9-1-1 and working with an antiquated radio system to the current period ef operating with a state ef the art E-9-1-1 system and Trunked Radio System; and WHEREAS, Ms. Shoosmith displayed a helpful, courteous and caring attitude while working with internal and external customers; and WHEREAS, Ms. Shoosmith has provided a high level of commitment to her work performance by being a thorough and conscientious employee; and WHEREAS, Ms. Shoosmith has provided the Emergency Communications Center and Chesterfield County with many years ef loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Hs. Shoosmith's diligent service. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes Ms. Peggy T. Shoosmith, and extends on behalf of its members and the citizens of Chesterfield County their appreciation for her service to the County, their congratulations upon her retirement, and their best wishes for a long and happy retirement. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: November 21, 2000 Item Number: 8.B.2.b. Subiect: Resolution Confirming Proceedings of the Chesterfield Industrial Development Authority Which has Received a Request on Behalf of Grafton Schools, Incorporated, Requesting That the Authority Concur in the Resolution Adopted by the Issuer, the Industrial Development Authority of Clarke County, Virginia, on October 30, 2000 County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors adopt the attached resolution. Summary of Information: On November 16, 2000, the Chesterfield Industrial Development Authority held a public hearing and approved the request on behalf of the Grafton School, Incorporated, a Virginia non-stock, nonprofit corporation, requesting that the Authority concur in the resolution adopted by the Industrial Development Authority of Clarke County, Virginia (the Issuer) on October 30, 2000(the Inducement Resolution), relating to the issuance of the Issuer's education facilities revenue bonds in an amount not to exceed $13,425,000, a certified copy of which has been filed with the Authority. A portion of the proceeds of the Bonds in an amount estimated at $2,900,000 will be used by the Grafton School to acquire, construct and equip a 32,000 square foot building to be located at 4100 Price Club Boulevard in Chesterfield County, Virginia, to be used as an administrative and academic center. The Grafton School provides educational and custodial services to children and adults with serious disabilities. Preparer:, _~4 O~ r-~,c/v---- James G. Dunn Title: Director, Economic Development Attachments: Yes ~-~No I# RESOLUTION OF THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA WHEREAS, the Industrial Development Authority of the County of Chesterfield (the "Authority") has considered the application of Grafton School, Inc., a Virginia nonstock, nonprofit corporation (the "Applicant"), including a resolution adopted on October 30, 2000 (the "Inducement Resolution"), by the Industrial Development Authority of Clarke County, Virginia (the "Issuer"), relating to the issuance of the Issuer's education facilities revenue bonds in an amount not to exceed $13,425,000 (the "Bonds") to assist in the financing or refinancing of one or more of the following capital projects (collectively, the "Projects"): (i) acquisition, construction and equipping of an approximately 32,000 square foot building to be located at 4100 Price Club Boulevard in Chesterfield County, Virginia, to be used by the Applicant as an administrative and academic center; (ii) construction of an approximately 75-bed dormitory and a gymnasium, renovation of an existing dormitory for classroom, therapy and administrative purposes and related improvements and the equipping of such improvements on the Applicant's main campus at 180 Grafton Way' in Berryville in Clarke County, Virginia; (iii) acquisition and renovation of an approximately 35,866 square foot building located at 120 Bellview Avenue in the City of Winchester, Virginia, to be used by the Applicant for offices, adult services, and administrative and maintenance facilities; (iv) refunding of indebtedness incurred for the acquisition of the Applicant's group homes in Clarke County and Frederick County, Virginia, and for the acquisition and improvement of the Applicant's main campus described in item (i) above, and has held a public hearing thereon on November 16, 2000; and WHEREAS, the Authority has recommended that the Board of Supervisors of Chesterfield County, Virginia (the "Board"), concur in the Inducement Resolution for the issuance of the Bonds by the Issuer to comply with Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Tax Code"), and Section 15.2-4906 of the Code of Virginia (1950), as amended (the "Virginia Code"); and WHEREAS, a copy of the Authority's resolution concurring in the issuance of the Bonds to assist with the financing of the Projects, a copy of the Inducement Resolution, a record of the public hearing and a "fiscal impact statement" with respect to that portion of the ProjectS located in Chesterfield County have been filed with the Board; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: 1. The Board of Supervisors of Chesterfield County, Virginia, concurs in the Inducement Resolution for the issuance of the Bonds by the Issuer for the benefit of the Applicant, to the extent required by the Tax Code and the Virginia Code, to permit the Issuer to assist in the financing of that portion of the Projects located in Chesterfield County. 2. The Board's concurrence in the Inducement Resolution for the issuance of the Bonds, as required by the Tax Code and the Virginia Code, does not constitute an endorsement of the Bonds or the creditworthiness of the Applicant. 3. This resolution shall take effect immediately upon its adoption. I ',WM CDLIB' HARTLEE'~0670126 OI -2- CERTIFICATE OF PUBLIC HEARING The undersigned Chairman of the Industrial Development Authority of the County of Chesterfield (the "Authority") hereby certifies as follows: 1. A meeting of the Authority was duly called and held on November 16, 2000, at 3:30 p.m. in the conference room of the Chesterfield County Economic Development Department at 9401 Courthouse Road, Suite B, Chesterfield, Virginia. The meeting was open to the public, and persons of differing views were given an opportunity to be heard. At such meeting all of the Directors of the Authority were present or absent throughout as follows: PRESENT: ABSENT: John Ruckart James E. Briggs James A. Spencer William F. Seymour Henry L. Moore John Hughes Willie Lanier 2. The Chairman announced the commencement of a public hearing on the application and plan of finance of Grafton School, Inc., a Virginia nonstock, nonprofit corporation (the "Applicant"), for concurrence by the Authority and the Board of Supervisors (the "Board") of Chesterfield County in the issuance of up to $13,425,000 education facilities revenue bonds (the "Bonds") by the Industrial Development Authority of Clarke County, Virginia (the "Issuer"), for the benefit of the Applicant, and that a notice of the hearing was published once a week for two consecutive weeks, the first publication being not more than 28 days nor less than 14 days prior to the hearing in The Richmond Times-Dispatch, a newspaper having general circulation in the County of Chesterfield, Virginia (the "Notice"). A copy of the Notice and a Certificate of Publication of such Notice have been filed with the records of the Authority and are attached hereto as Exhibit A. 3. R. Hart Lee of Williams, Mullen, Clark & Dobbins, bond counsel for the proposed issue, advised the directors that, under the Virginia Industrial Development and Revenue Bond Act and federal tax law, the issuance of the Bonds by the Issuer to finance facilities in the County of Chesterfield required a public hearing and the concurrence in the issuance of the Bonds by the Authority and the Board. The Applicant has previously filed with the Authority a certified copy of a resolution of the Issuer granting its preliminary approval of the proposed Bonds, a copy of which resolution is attached hereto as Exhibit B. Mr. Lee then introduced Karren Tompkins, Educational Administrator of the Applicant, who described the history and operations of the Applicant and the components of the proposed financing project, including the background of the Applicant in Chesterfield County and the Richmond metropolitan area, the proposed project to be financed in Chesterfield County and the benefits expected to be derived from the project. Mr. Patrick Clawson of the Clarke Taxpayers Action Group, spoke against the adoption of the resolution by the Authority. A reasonably detailed summary of their statements and the fiscal impact statement required by the Industrial Development and Revenue Bond Act are attached hereto as Exhibits C and D. 4. Attached hereto as Exhibit E is a true, correct and complete copy of the resolution (the "Resolution") concurring in the issuance of the Bonds by the Issuer, adopted at such meeting of the Authority by the following vote: Director John Ruckart James E. Briggs Vote AYE AYE 2 James A. Spencer AYE William F. Seymour AYE Henry L. Moore AYE John Hughes AYE The Resolution constitutes all formal action taken by the Authority at such meeting relating to matters referred to in the Resolution. The Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. WITNESS my hand and the seal of the Authority this 16th day of November, 2000. (SEAL) Chai~r~an, '"~ ~'~// ~ ~' ky Industrial Develoj~ent Authority of the County of Chesterfield ~' A B C D E Copy of Notice, Certified by Newspaper Resolution of the Industrial Development Authority of Clarke County, Virginia Summary of Statements Fiscal Impact Statement Concurring Resolution An Affiliate of Media General Advertising Affidavit (This is not a bill. Please pay from invoice) R IVFR FRO\'T Pt R [CHM~N'D VA 2~21g P.O. Box 85333 Richmond, Virginia 23293-0001 (804) 649-6000 Account Num. [ EXHIBIT A I °.,. i Date Code Descript ion Ad Size Total Cost N'C)TICF OF PT~'RT.TC HFARI~'G RV THF I-N~DTrS;TRf 2 (50 x 4~ f)O NOTICE CF PUBUC HEARING BY THE iNOUSTRIAL DEVELOPMENT AUTHORFrt' OF THE COUNTY OF CHESTERFIELD ON PROPOSED INDUSTRIAL OEVELOPMENT BONO FINANCING N or, ce is hereoy given that the Indusmai Development Authority of the County of Chesterfieid the "Au~hom'y') '~11 hold a pud ic ?~nn9 ~n ~e ~pplica~n and plan of financing of Grafto~ ~n091, I?. ~ vlrgina nonstock, nonprofit cor~ration (the ' op,canrh WhOSe pnncipal place of bus ness s boated at 120 ~e~i~ew S~t, W[nchesta'. Wginia. The applicant has asked e mou~a ueve~opment Authodty of Clarke County Wgina, to issue up to $13,425,000 of ~s inclusti'ia development revenue 0ends, pursuant to We Virginia Indu..~dai Oeveic0ment and ~evenue ~nd Act the 'Act', to pay al or a Dorian of the c~sts of (i) acquiring, con~c~ng and equipping an aoproximateh/ 32,00(3 s~uare foot academic and admmi~atJve cent~- at 41 Pdce CluO 8oulevard in the County of Chesterfield Virginia, (i~ refunding pnor [~de~3tednes& renovating exJsl~g facJ i~es and const~c'ang new tacil~es at the Bern/Wile Campus of the Appli- cam I,oc~.ted .at 18o Graffoq Lane in t~a County of Cla~e, Virg n- ,a, i,~ renmcmg pdor incientedness and renovating a facNity of aoDr0xi~ateJy' 35; .,8~6.. ~uare feet located 3t 120 BeIMew Ave- r. ua ~n me Cr~ or winchester, Virginia, (iv refunding pn~ n. ;eDtedness of ~e App Jcant incurred to finance ~he acquisitions 3t ]rou~ home rasiden~al facil~es located at 109 Chelan Place, ~88 Village CourL ~06 HilltoD Ter~aue 1577 Marlboro Road, ; 532 Fa~Pax Pike, and 2128 MaflJnsburg Pike in the Court' of ?ederJck, V~rginJa, ~cJ at 536 Grsfton Lane in t~e County of ~;arke, Virgima, and (v) 0aying certain costs of issuance of'the ~e :uOlJc heanng, which may be contmueQ or ad burned, w~lt ;e he,d at 3:30 D.m on Novemba' 6. 2000. before ~e Auth~ ~/~n :~e conference room of the Chesterfield County Economic ~eveicDment Deoanment Chester~etd, ~rginia. As reou~r~ Cy :he Act, the Pon0s W~ll not ;edge +,he cr~ or the ;a,xtng powe~ of Chesterfieic Courtly or :he A~cr~/ob~[ will be DavaDie solely from revenues dedved ~,;m ~e Af~licant an0 C~eo~g~ therefor. Any pe~son interested r :,"e ssuance of the '~cnCs or the roca~3n or puq:)oae of the ;rc0csed ~rolects may aoeea~ to pany's a DcJicaticn may be :~ spected at the Aul~orttys office at the Cou~t? Office of Economic Deve~mant at 9401 Cou~t- house Road, Cheste~e~, iNCUS,TRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERRELD By: Wiiliafll F, Seymour, III, Chairman ~ Media General Operations, Inc. Publisher of THE RICHMOND TIMES-DISPATCH This is to certify that the attached '~'OTTCF C)F pT ~Rr tC NFA R I'N was published by Richmond Newspapers, Inc. in the City of Richmond, State of Virginia, on the following dates: 11/01/2000 11/08/2000 The first insertion being given .... 1 ~,o~:~.noo sworn to and subscribed before me this Notary Public "' - ~upervisor State of Virginia city of Richmond My commission expires THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU EXHIBIT B RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF CLARKE COUNTY, VIRGINIA AUTHORIZING THE ISSUANCE OF UP TO $13,425,000 EDUCATIONAL FACILITIES REVENUE BONDS FOR THE PURPOSE OF FINANCING AND REFINANCING FACILITIES LOCATED IN THE COUNTIES OF CLARKE, CHESTERFIELD AND FREDERICK AND THE CITY OF WINCHESTER, VIRGINIA WHEREAS, the Industrial Development Authority of Clarke County, Virginia (the "Authority"), a political subdivision of the Commonwealth of Virginia (the "Commonwealth"), is empowered by the Virginia Industrial Development and Revenue Bond Act (the "Act") to issue its revenue bonds for the purposel among other purposes, of financing the acquisition, construction, equipping, expansion, enlargement, improvement and refinancing of facilities for use by organizations described in §501(c)(3) of the Internal Revenue Code of 1986; as amended (the "Code") and which are exempt from federal income taxation pursuant to §501(a) of the Code, in order to benefit the inhabitants of the Commonwealth and to protect and promote the safety, health, welfare, convenience, or prosperity of the citizens of the Commonwealth; WHEREAS, the Authority has received a request dated October 12, 2000, on behalf of Grafton School, Inc., a Virginia nonstock, nonprofit corporation (the "Applicant") which has represented that it is an organization described in §501(c)(3) of the Code and is exempt from federal income taxation pursuant to §501(a) of the Code, requesting that the Authority issue its revenue bonds to assist in the financing or refinancing of one or more of the following capital projects (collectively, the "Projects"): (i) construction of an approximately 75-bed dormitory and a gymnasium, renovation of an existing dormitory for classroom, therapy and administrative purposes and related improvements and the equipping of such improvements on the Applicant's main campus at 180 Grafton Way in Berryville in Clarke County, Virginia; (ii) acquisition, construction and equipping of an approximately 32,000 square foot building to be located at 4100 Price Club Boulevard in Chesterfield County, Virginia, to be used by the Applicant as an administrative and academic center; (iii) acquisition and renovation of an approximately 35,866 square foot building located at 120 Bellview Avenue in the City of Winchester, Virginia, to be used by the Applicant for offices, adult services, and administrative and maintenance facilities; (iv) refunding of indebtedness incurred for the acquisition of the Applicant's group homes in Clarke County and Frederick County, Virginia, and for the acquisition and improvement of the Applicant's main campus described in item (i) above, all as more particularly described on Attachment A to this Resolution; The proceeds of such bonds would also be used to pay certain costs of issuance of the bonds. The Projects will be owned by the Applicant and used in the Applicant's business of providing educational and custodial services to children and adults with serious disabilities; WHEREAS, preliminary plans for the acquisition, construction, renovation, equipping and refinancing of the Projects have been described to the Authority by representatives of the Applicant, and a public heating on the issuance of the Bonds for the Projects has been held by the Authority as required by §147(f) of the Code and §15.2-4906 of the Act; WHEREAS, the Applicant has represented that the estimated cost of the acquisition, construction, renovation, equipping and refinancing of the Projects and certain of the expenses of issue will require an issue of revenue bonds in the aggregate principal amount not to exceed $13,425,000.00; WHEREAS, the Applicant has acknowledged the necessity of obtaining, prior to the issuance of such bonds, the approval of the Projects. by the Board of Supervisors of Clarke County, Virginia (the "Board of Supervisors"), in accordance with the requirements of § 147(f) of the Code and §15.2-4906 of the Act, and the necessity of obtaining the concurrence of the governing bodies of the City of Winchester, Frederick County and Chesterfield County in the adoption of this preliminary approval for the financing or refinancing of the portions of the Projects respectively located in each of those political jurisdictions, in accordance with the requirements of § 147(f) of the Code and § 15.2-4905 of the Act. NOW, THEREFORE, BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF CLARKE COUNTY, VIRGINIA: 1. It is hereby found and determined that the acquisition, construction, renovation, equipping and refinancing of the Projects will be in the public interest of the County, will serve the purposes of the Act and will benefit the Commonwealth of Virginia and its inhabitants through the protection and promotion of their safety, health, welfare, convenience, or prosperity. 2. To induce the Applicant to undertake the Projects in the Commonwealth of Virginia, the Authority hereby agrees to assist the Applicant in financing the acquisition, construction, renovation, equipping and refinancing of the Projects by undertaking the issuance of its revenue bonds in an amount not to exceed $13,425,000 (the "Bonds"), upon terms and conditions to be mutually agreed upon between the Authority and the Applicant. The Bonds will be issued pursuant to documents satisfactory to the Authority. 3. It having been represented to the Authority that it is necessary to proceed immediately with the acquisition, construction, renovation and equipping of the Projects, the Applicant may proceed with plans for the acquisition, construction, renovation and equipping of the Projects, and enter into contracts for the same, and to take such other steps as it may deem 2 appropriate in connection therewith, including the location of a purchaser or purchasers for the Bonds, provided that nothing herein shall be deemed to authorize the Applicant to obligate the Authority, without its consent, in each instance, to the payment of any moneys or the performance of any acts in connection with the Projects. The Authority agrees that the Applicant may be reimbursed from the proceeds of the Bonds for all costs so incurred by it, provided such expenditures and costs are properly reimbursable under applicable federal and state laws. 4. All costs and expenses in connection with the financing and the acquisition, construction, renovation, equipping and refinancing of the Projects, including the fees and expenses of counsel to the Applicant, counsel to the purchaser of the Bonds or credit facility provider, counsel to the Authority and Bond Counsel, shall be paid from the proceeds of the Bonds, to the extent permitted under the Code, and otherwise by the Applicant. If for any reason such Bonds are not issued, it is understood that all such expenses shall be paid by the Applicant and that the Authority shall have no responsibility therefor. 5. The Applicant having requested the appointment of Williams, Mullen, Clark & Dobbins, P.C., as Bond Counsel in connection with the issuance of the Bonds, the Authority hereby appoints Williams, Mullen, Clark & Dobbins, P.C., as Bond Counsel to supervise the proceedings and approve the issuance of the Bonds. 6. The Bonds shall be issued only after (i) approval of the issuance of the Bonds by the Board of Supervisors within sixty (60) days of the public hearing referred to above, (ii) receipt of evidence of the concurrence of the governing bodies of the City of Winchester, Frederick County and Chesterfield County in the adoption of this preliminary approval for the financing or refinancing of the portions of the Projects respectively located in each of those political jurisdictions, in accordance with the requirements of §147(f) of the Code and §15.2- 4905 of the Act, and (iii) receipt by the Authority of the approving opinion of Bond Counsel as to the qualification of the Bonds under the Act. 7. The Chairman, Secretary or Assistant Secretary of the Authority is hereby authorized and directed to deliver to the Board of Supervisors (i) a reasonably detailed summary of the comments expressed at the aforesaid public hearing, (ii) a fiscal impact statement concerning the Projects in the form specified in §15.2-4907 of the Act, and (iii) a copy of this Resolution, which constitutes the recommendation of the Authority that the Board of Supervisors approve the financing of the Projects and the issuance of the Bonds. 8. The Authority intends that the adoption of this resolution be considered as a declaration of "official intent" within the meaning of Treasury Regulations § 1.150-2 promulgated under the Code. To that end, the Authority, based on representations of the Applicant, reasonably expects to finance or refinance all or a portion of the Projects through the issuance of the Bonds in a principal amount not to exceed $13,425,000.00. Based on representations of the Applicant, the Authority reasonably expects that the Applicant may receive reimbursement from the proceeds of the Bonds for certain costs of the Projects paid prior to the issuance of the Bonds and not paid from the proceeds of any other borrowing. The officers of the Authority are directed to make a copy of this resolution continuously available for inspection by the general 3 public during normal business hours at the main administrative offices of the Authority from the date of adoption hereof th_rough the date of the issuance of the Bonds. 9. This resolution shall take effect immediately upon its adoption and shall remain in full force and effect until the next regularly scheduled meeting of the Authority occurring two years after the date of adoption of this resolution, at which time it shall terminate unless specifically extended by the Authority. CERTIFICATE The undersigned Secretary or Assistant Secretary of the Industrial Development Authority of Clarke County, Virginia, hereby certifies that the foregoing is a true, correct and complete copy of a r~solution duly adopted by a majority of the directors of 1/he Authority present and voting at a meeting duly called and held on October 30, 2000, in accordance with law, and that such ~esolution has 1/ot been repealed, revoked, rescinded, or amended, but is in full force and effect on the date hereof. WITNESS my hand this ~ day of O~er, 2000. [Assistant] Secretary Industrial Development Authority of Clarke County, Virginia 1 :\WMCDL IB~,ARTLEE\0~4502.02 4 ATTACHMENT A EXHIBIT C SUMMARY OF STATEMENTS Mr. R. Hart Lee of Williams, Mullen, Clark & Dobbins, bond counsel for the proposed issue, advised the directors that, under the Virginia Industrial Development and Revenue Bond Act and federal tax law, the issuance of the Bonds by the Issuer to finance facilities in the County of Chesterfield required a public hearing and the concurrence in the issuance of the Bonds by the Authority and the Board. Ms. Karren Tompkins, Educational Administrator of the Applicant, who described the history and operations of the Applicant and the components of the proposed financing project, including the background of the Applicant in Chesterfield County and the Richmond metropolitan area, the proposed project to be financed in Chesterfield County and the benefits expected to be derived from the project. She described that the Chesterfield facility will consolidate multiple leased facilities into an academic and administrative center. Mr. Patrick Clawson with the Clarke Taxpayers Action Group asked the Authority to defer action or deny the adoption of the resolution. He voiced respect for the Applicant and its programs. His objection related to claims of irregularities in the procedures approving the debt by the Industrial Development Authority of Clarke County, Virginia. EXHIBIT D FISCAL IMPACT STATEMENT1 November16,2000 Date Grafton School, Inc. Applicant 4100 Price Club Boulevard Facility 1. Maximum amount of financing sought $13,425,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality N/A Estimated real property tax per year using present tax rates N/A N/A N/A Estimated personal property tax per year using present tax rates 5. Estimated merchants' capital tax per year using present tax rates 6. a. Estimated dollar value per year of goods that will be $250,000 purchased from Virginia companies within the locality b. Estimated dollar value per year of goods that will be purchased from non-Virginia companies w,;nin the locality c. Estimated dollar value per year of services that will be purchased from Virginia companies within the locality $30,000 d. Estimated dollar value per year of services that will be purchased from non-Virginia companies within the locality 7. Estimated number of regular employees on year round basis 65 8. Average annual salary per employee $24,000 '" - Auth6rity Cl/airman Industrial Development Authority of the County of Chesterfield Name of Authority I W \~C DL I B/,HARTLEE' 0666040 02 -8- Exhibit E RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD WHEREAS, the Industrial Development Authority of Clarke County, Virginia (the "Issuer"), a political subdivision of the Commonwealth of Virginia (the "Commonwealth"), is empowered by the Virginia Industrial Development and Revenue Bond Act (the "Act") to issue its revenue bonds for the purpose, among other purposes, of financing the acquisition, construction, equipping, expansion, enlargement, improvement and refinancing of facilities for use by organizations described in §501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code") and which are exempt from federal income taxation pursuant to §501(a) of the Code, in order to benefit the inhabitants of the Commonwealth and to protect and promote the safety, health, welfare, convenience, or prosperity of the citizens of the Commonwealth; WHEREAS, pursuant to Section 15.2-4905 of the Act, the Issuer may issue its bonds with respect to facilities outside Clarke County if the governing body of the locality where the facilities are or will be located concurs with the inducement resolution for such bonds adopted by the Issuer; WHEREAS, the Industrial Development Authority of the County of Chesterfield (the "Authority") has received a request on behalf of Grafton School, Inc., a Virginia nonstock, nonprofit corporation (the "Applicant"), requesting that the Authority concur in the resolution adopted by the Issuer on October 30, 2000 (the "Inducement Resolution"), a certified copy of which has been filed with the Authority, evidencing the Issuer's preliminary intention to issue its revenue bonds to assist in the financing or refinancing of one or more of the following capital projects (collectively, the "Projects"): (i) acquisition, construction and equipping of an approximately 32,000 square foot building to be located at 4100 Price Club Boulevard in Chesterfield County, Virginia, to be used by the Applicant as an administrative and academic center, at a cost currently estimated at $2,900,000; (ii) construction of an approximately 75-bed dormitory and a gymnasium, renovation of an existing dormitory for classroom, therapy and administrative purposes and related improvements and the equipping of such improvements on the Applicant's main campus at 180 Grafton Way in Berryville in Clarke County, Virginia; (iii) acquisition and renovation of an approximately 35,866 square foot building located at 120 Bellview Avenue in the City of Winchester, Virginia, to be used by the Applicant for offices, adult services, and administrative and maintenance facilities; (iv) refunding of indebtedness incurred for the acquisition of the Applicant's group homes in Clarke County and Frederick County, Virginia, and for the acquisition and improvement of the Applicant's main campus described in item (i) above, all as more particularly described on Attachment A to this Resolution; The proceeds of such bonds would also be used to pay certain costs of issuance of the bonds. The Projects will be owned by the Applicant and used in the Applicant's business of providing educational and custodial services to children and adults with serious disabilities; WHEREAS, preliminary plans for the acquisition, construction, renovation, equipping and refinancing of the Projects have been described to the Authority by representatives of the Applicant, and a public hearing on the issuance of the bonds for the Projects has been held by the Authority as required by § 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), and § 15.2-4906 of the Act; WHEREAS, the Applicant has represented that the estimated cost of the acquisition, construction, renovation, equipping and refinancing of the Projects and certain of the expenses of issue will require an issue of revenue bonds in the aggregate principal amount not to exceed $13,425,000.00; WHEREAS, the Applicant has acknowledged the necessity of obtaining, prior to the issuance of such bonds, the concurrence of the Board of Supervisors of Chesterfield County (the "Board of Supervisors") in the adoption of the Inducement Resolution for the financing or refinancing of the portion of the Projects to be located in Chesterfield County (the "County"), in accordance with the requirements of § 147(f) of the Code and § 15.2-4905 of the Act. NOW, THEREFORE, BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD: equipping and public interest It is hereby found and determined that the acquisition, construction, renovation, refinancing of the portion of the Projects to be located in the County will be in the of the County and will promote the well-being of the inhabitants of the County. 2. The Authority hereby concurs in the Inducement Resolution with respect to that portion of the Projects to be located in the County. 3. All costs and expenses in connection with the financing, including the fees and expenses of the Authority and its counsel, shall be paid from the proceeds of the bonds, to the extent permitted under the Code, and otherwise by the Applicant. If for any reason such bonds are not issued, it is understood that all such expenses shall be paid by the Applicant and that the Authority shall have no responsibility therefor. 4. The Authority hereby directs the Secretary or Assistant Secretary, either of whom may act, to deliver to the Board of Supervisors (i) a reasonably detailed summary of the comments expressed at the aforesaid public hearing, (ii) a fiscal impact statement concerning the Projects in the form specified in § 15.2-4907 of the Act, and (iii) a copy of this Resolution, which 2 constitutes the recommendation of the Authority that the Board of Supervisors concur in the Inducement Resolution with respect to that portion of the Projects to be located in the County. 5. This resolution shall take effect immediately upon its adoption and shall remain in full force and effect until the next regularly scheduled meeting of the Authority occurring two years after the date of adoption of this resolution, at which time it shall terminate unless specifically extended by the Authority. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: November 21,2000 Item Number: 8.B.2.c. Subiect: Resolution Confirming Proceedings of the Chesterfield Industrial Development Authority for Financing of Industrial Revenue Bonds for Bon Secours Health Systems County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors adopt the attached resolution. Summary of Information: On November 16, 2000, the Chesterfield Industrial Development Authority held a public hearing and approved issuance of Industrial Revenue Bonds up to $75,000,000. This issuance is to assist Bon Secours Health Systems in the acquisition, refinancing, construction and equipping of a health facility in the County. The company is acquiring, constructing and equipping a 130 licensed bed acute care hospital and related facilities to be located on approximately 28 acres located at the southwest corner of Coalfield Road and Center Pointe Parkway Extended, Chesterfield County, Virginia and 2820 Waterford Lake Drive, Suite 206, Midlothian (Chesterfield County), Virginia. The company estimates that 521 persons will be regular employees on a year round basis. Preparer: Faith V. McClintic Title: Assistant Director, Economic Development Attachments: Yes ~-] No RESOLUTION - APPROVAL OF ISSUANCE OF BONDS - BON SECOURS-ST. FRANCIS MEDICAL CENTER, INC. (BON SECOURS HEALTH SYSTEM, INC.) - ECONOMIC DEVELOPMENT AUTHORITY WHEREAS, Bon Secours-St. Francis Medical Center, Inc. ("St. Francis Medical Center"), a Virginia nonstock, nonprofit corporation affiliated with Bon Secours Health System, Inc., a Maryland nonstock, nonprofit corporation ("BSHSI"), has facilities located in the County of Chesterfield, Virginia; and WHEREAS, the Industrial Development Authority of the County of Chesterfield (the "Authority"), on November 16, 2000 adopted an inducement resolution (the "Inducement Resolution") wherein the Authority has agreed to issue not to exceed $75,000,000 in aggregate principal amount, excluding my original issue discount, of its Revenue Bonds, Series 2000 (Bon Secours Health System, Inc.) (the "Bonds"), for the benefit of St. Francis Medical Center to: (i) pay or reimburse St. Francis Medical Center for the payment of the costs of acquiring, constructing and equipping certain medical facilities of St. Francis Medical Center (the "Project"), (ii) provide working capital for St. Francis Medical Center, (iii) pay a portion of the interest on the Bonds, (iv) fund a debt service reserve fund and (v) pay certain expenses incurred in connection with the issuance of the Bonds; and, WHEREAS, the Bonds will be issued pursuant to the Virginia Industrial Development and Revenue Bond Act, Chapter 49, Title 52, Code of Virginia of 1950, as amended (the "Act"), and will be limited obligations of the Authority payable solely from the revenues and receipts derived from payments provided by St. Francis Medical Center, BSHSI, and certain other affiliated corporations; and, WHEREAS, on November 16, 2000, pursuant to the requirements of Section 147(0 of the Intemal Revenue Code of 1986, as amended (the "Code"), the Authority held a public hearing concerning the proposed issuance of the Bonds; and, WHEREAS, the Authority has recommended and requested that the Board of County Supervisors (the "Board") of Chesterfield County, Virginia (the "County") approve the issuance of the Bonds to comply with Section 147(0 of the Code and Section 15.2-4906 of the Act; and, WHEREAS, copies of the following documents have been fried with the Board: (i) the Inducement Resolution; (ii) notice of public heating published once a week for two consecutive weeks; (iii) a summary of the proceedings of the public heating; and (iv) the fiscal impact statement of BSHSI. Now, THEREFORE, BE IT RESOLVED, by the Board of County Supervisors of Chesterfield County, Virginia: 1. The Board hereby approves the issuance of the Bonds by the Authority for the benefit of St. Francis Medical Center, to the extent required by Section 147(0 of the Code and Section 15.2-4906 of the Act, to permit the Authority to assist in the f'mancing of certain medical facilities of St. Francis Medical Center. CH: 1132895vl 2. Approval of the issuance of the Bonds as required by Section 147(0 of the Code does not constitute an endorsement of the Bonds or the creditworthiness of St. Francis Medical Center or BSHSI and, as required by Section 15.2-4908 of the Act, the Bonds shall provide that neither the County nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the County or the Authority shall be pledged thereto. 3. The Board hereby authorizes and directs the Clerk of the Board to forward a certified copy of this resolution to the Authority. 4. This resolution shall take effect immediately upon its adoption. CH: 1132895vl ~'i}~ ~-~ ~ CERTIFICATE OF PUBLIC HEARING The undersigned Chairman of the Industrial Development Authority of the County of Chesterfield (the "Authority"), hereby certifies as follows: 1. A meeting of the Authority was duly called and held on November 16, 2000, at 3:30 p.m. in the Authority's offices in 9401 Courthouse Road, Suite B, Chesterfield, Virginia. The meeting was open to the public, and persons of differing views were given an opportunity to be heard. At such meeting all the Directors of the Authority were present or absent throughout as follows: PRESENT: John Ruckart James E. Briggs James A. Spencer William F. Seymour Henry L. Moore John Hughes ABSENT: Willie Lanier 2. The Chairman announced the commencement of a public hearing on the application of Bon Secours Health System, Inc., a Maryland nonstock, nonprofit corporation on behalf of Bon Secours - St. Francis Medical Center, Inc., a Virginia nonstock, nonprofit corporation (the "Applicant"), and that a notice of the hearing was published once a week for two consecutive weeks, the first publication being not more than 28 days nor less than 14 days prior to the hearing in The Richmond Times-Dispatch, a newspaper having general circulation in the County of Chesterfield, Virginia (the "Notice"). A copy of the Notice and a certificate of publication of such Notice have been filed with the records of the Authority and are attached hereto as Exhibit A. 3. John Simpson of Bon Secours Health System, Inc. described the background of the Applicant in Chesterfield County, the Applicant's business, the proposed project to be financed and the benefits expected to be derived from the project. Lynn Coe, with Jones Day Reavis & Pogue reviewed certain aspects of the Applicant's application with the Authority. A reasonably detailed summary of their statements and the fiscal impact statement required by the Industrial Development Revenue Bond Act are attached hereto as Exhibits B and C. 4. Attached hereto as Exhibit D is a true, correct and complete copy of the resolution (the "Resolution") preliminarily approving the issuance of the bonds, adopted at such meeting of the Authority by a majority of the Directors of the Authority, with the ayes and nays being recorded in the minutes of such meeting as follows: Director Vote John Ruckart AYE James E. Briggs AYE James A. Spencer AYE William F. Seymour AYE Henry L. Moore AYE John Hughes AYE The Resolution constitutes all formal action taken by the Authority at such meeting relating to matters referred to in the Resolution. The Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. WITNESS my hand and seal of the Authority this 16th day of November, 2000. (SEAL) ~/~ ,.,~/.,/,~ -,--, ,("-'-~"'~ Ch~tirman'~ ,,'~" :~'~- ~'-/~ Industrial Deve?6pment Authority of the County of Chesterfield B- C- D- Copy of Notice, Certified by Newspaper Summary of Statements Fiscal Impact Statement Approving and Ratifying Resolution An Affiliate of Media General Advertising Affidavit (This is not a bill. Please pay from invoice) K I'M1' FI R[VFR FRC>NT pr R I(~H\IO\'T-) P.O. Box 85333 I Account Num. Richmond, Virginia 23293-0001 (804) 649-6000 .×HtBIT A I Date Code Description Ad Size Total Cost \'OTTCF OF PI;RI' TC HF~RI'N'GPTTRI IC NOTICE Tg 2 Oh × 47 OO Media General Operations, Inc. Publisher of NOT~CE OF PUBLIC HEJ~ING ~u~tic No,ce is ~efeW gven that a ouoitC hea~r~J will be held on November 6. 2000 at 3'30 p.m.. n he conference room of 't-e Chester~eld County Econom,c Deve*opmem Oe~ar~Tne~t at T H E R I C H M O N D TI M E S-D I S PAT C H ~0~ r'ourthouse Road S~r[e B. Chesterfield. Virginia. by the In- ~.stn~.l Development ~.uthor~ of the County of Chesterfield, This is to certify that the attached NOTICE OF PT V~rginia ithe "Authon¥), regarding a ~lan ot~e A~o~ to sbe one or mare senes of ~ R~ue Bonds, Senas20OOt~n was published by Richmond Newspapers~ Inc. in the City of Richmc~ld, secours Hea~ System, thc.) (the 'Senes 2000 Boncls') in an s~regate ~nncipal amoum not to exceed $75,000.000. The State of Virginia, on the following dates: ;roceede of t. ne Senes 2000 Bonds will ~e Ioan~ to Bon Se- cours Hea~ System, Inc., a ~en/land nonstocJx, nonl=ro~ mem~ers~ p comora~n 'BSH$1' or "Borrower'). to ~ u_sed, together w~ cern other moneys, to i) f~ay or reimburse Secours - St. Francis Medical Ce~te~, Inc., a VJrgina nonatoc~, :~onpro~t cor~2ra~n (the 'Hosp~') for the ~ayment of ~e 1 1,'0 1/2000 11/08/2000 cos~ of aclu nna. cons~ucnng aha ecluiDpin~a 1~ !ice, sad ~ed acute cate ~os~l end relat~ fac41i~es (~e 'Prolecf), (ii) DrG¥iOe workma~ ca~al for the Hospital. (ii[) I~a¥ a pomon of ~e :n:erest on theSenes 2000 ~nds, (iv) ~nd a cleqt senace serve fund end [v) pay cert~n expenses incurred in CoflnectJon ,~r~h the ~ssuance of the Senes 2000 BOn~e, all as parma',ed un- .~er T~tle ~5.2, Chapter 49 Section 15.24900 et sad, Code of' '., r],r'~a of 1950. as amenc~ecl (the 'AcC). A;I of ~e tmprovements financed or refinanced by ,'he Series ~nO0 Bonc~s are or w~tl be owned Dy BSHSI or the Hosprtal end ~'~[I ~e o~ted on iend awned, menaced or o~erated Dy BSHSI or 'be HosD~tal at t~e aDprox~rnata~y 28 acres located at the scdthwest comer of CoarfleM Road and Center Po,nte Parkway :_.~encie~, Chesterfield County, Virginia enci 2820 Watedo~ The first insertion being given .... I 1,,'fl1 _a.~e Or. Sb,te 206. MiOIothtan (Cheste~eid County), Virginia. T~..~ DuDiic rearing is required by SeclJon 147(t~ of the Internal ~e~be Co~e ct 1986. Ar~y pemon interested in the issuancel ~t,~e Senes 2000 Bonds or the }ocaaon and ~ature of the Pro-I e¢~ may acceat ~nc[ ~ heatO. Wn=en comments may Ce sub- m~ea to the C~airman of ~e At~thorT~/~t h,s office located at Sworn to and subscri bed before ?e Cou~W O~ice of Ecc~cmic Ce~eioDrnent at 9401 Court- -.~¢,~ Rn~d ""estarfie~ Vir~'tma unt] Novem0~ 16. '~ ,:.reef{ c,r :,'~e ax n,~ :ower of the Comrnonwearah of vLrginla, me t his i'r~ County of Chesmrfie~a or the AL~,Om'y but w~ll ce payaote - ' s~e*y ~cm revenues cer~ved ,'rom the HospltaJ alld pledges ::'ere,or. NOT!CE CATED: N°vemO' 1' 200q~ ~ ~bl ~ ~ /3Chairman -'~ _'~..A,z--~--'- '& '"~ County of Cheste,'~eici, Virginu'~ ~upervisor of Richmond IMy Commission expires THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU Exhibit B SUMMARY OF STATEMENTS Mr. John Simpson described the background of the Applicant in Chesterfield County, the Applicant's business, the proposed project to be financed and the benefits expected to be derived from the project. Lynn Coe, with Jones Day Reavis & Pogue reviewed certain aspects of the Applicant's application with the Authority. FISCAL IMPACT STATEMENTI Exhibit C October 26. 2000 Date Bon Secour~ Health SY~;tem, Inc. Applicant Br~n .gecotJrs ,gt Franci.~ M~.dical C. entc. r Facility Maximum amount of financing sought $__75,000,000 Estimated taxable value of the facility's real property to be constructed in the municipality 41,250,000 Estimated real property tax per year using present tax rates 448,000 Estimated personal property tax per year using presenttax rates -0- 5. Estimated merchants' capital tax per year using present tax rates -0- a. Estimated dollar value per year of goods that will be purchased from Virginia companies within the locality 510,000 b. Estimated dollar value per year of goods that will be purchased from non-Virginia companies within the locality 204000 c. Estimated dollar value per year of services that will be purchased from Virginia companies within the locality 610,000 d. Estimated dollar value per year of services that will be purchased from non-Virginia companies within the locality 244.000 Estimated number of regular employees on year round basis 521 38.605 Average annual salary per e.~ee /_ Authority ¢)~airman Industrial Development AUthority of the County of Chesterfield Name of Authority -8- ×HIB T D INDUCEMENT RESOLUTION WITH RESPECT TO THE PROPOSED ISSUANCE OF REVENUE BONDS BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD FOR BON SECOURS-ST. FRANCIS MEDICAL CENTER, INC. WHEREAS, Bon Secours-St. Francis Medical Center, Inc. (the "Hospital"), with facilities to be located in Chesterfield County, Virginia, is a Virginia nonstoclq nonprofit corporation and an organization described under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, affiliated with Bon Secours Health System, Inc., a Maryland not-for-profit corporation ("BSHSI"); and WHEREAS, BSHSI and the Hospital have requested that the Industrial Development Authority of the County of Chesterfield (the "Authority") issue one or more series of its Revenue Bonds, Series 2000 (Bon Secours Health System, Inc.) in an aggregate principal amount not to exceed $75~000,000 (the "Series 2000 Bonds") in order to (i) pay or reimburse the Hospital for the costs of acquiring, constructing and equipping an acute care hospital facility and related facilities (the "Project"), (ii) provide working capital for the Hospital, (iii) pay a portion of the interest on the Series 2000 Bonds, (iv) establish a debt service reserve fund and (v) pay certain costs incurred in connection with the issuance of the Series 2000 Bonds; and WHEREAS, the Series 2000 Bonds will be issued pursuant to the Virgin/a Industrial Development and Revenue Bond Act, Chapter 49, Iitle 15.2, Code of Virginia of 1950, as amended (the "Act"), and will be limited obligations of the Authority payable solely from the revenues and receipts derived from payments by BSHSI and related entities; and WHEREAS, in materials submitted to the Authority, and in its appearance before the Authority, BSHSI has described on behalf of the Hospital the Project and the benefit thereof to BSHSI and the Hospital in providing quality medical care to the residents of Chesterfield County and surrounding environs at the lowest possible cost; and WHEREAS, the Authority has determined that financing the costs of the Project by the Authority for the Hospital and BSHSI will protect and promote the health and welfare of the inhabitants of the Commonwealth of Virginia and in particular of Chesterfield County and surrounding environs, will be in the public interest and will be consistent with and serve the purposes of the Act; and WHEREAS, a public hearing has been held as required by Section 147(0 of the Internal Revenue Code of 1986, as amended (the "Code"), and Section 15.2-4906 of the Code of Virginia of 1950, as amended. CH: 1130382v2 719070-171005 Now, THEREFORE, BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD: (1) It is hereby found and determined that financing the costs of the Project will reduce the cost of providing medical care to residents of the Commonwealth of Virginia and in particular Chesterfield County, will result in improved medical facihties in Chesterfield County, will be in the public interest, will be of benefit to the inhabitants of the area served by the Authority, and will be consistent with and serve the purposes of the Act. (2) In order to finance the costs of the Project, the Authority hereby agrees to issue its Series 2000 Bonds in a principal amount (excluding original issue discount) not to exceed $75,000,000, upon terms and conditions to be mutually agreed upon among the Authority, the Hospital, BSHSI and the purchasers of the Series 2000 Bonds, and subject to the requirements of the Act. (3) Payment of the Series 2000 Bonds shall be secured by an assignment, for the benefit of the holders thereof, of the Authority's rights (excluding the Authority's rights to indemnification, fees, expenses and notice) under notes or other obligations of BSHSI and other related entities requiring payments sufficient in the aggregate to pay all principal of, premium, if any, and interest on the Series 2000 Bonds. (4) The Series 2000 Bonds may be issued in one or more series issued on one or more dates. All Series 2000 Bonds shall bear such title or designation, shall bear interest at such rate or rates, shall be in such denominations, shall be subject to such terms of redemption, shall be in such form, and shall contain such other terms and conditions as may be approved by the Authority. (5) It having been represented to the Authority that it is necessary to proceed mediately with the financing of the Project, the Authority hereby authorizes BSHSI and the Hospital to proceed with their plans for the Project and to take steps as they may deem appropriate in connection therewith, provided that nothing herein shall be deemed to authorize BSHSI and the Hospital to obligate the Authority without its consent in each instance to the payment of any moneys or the performance of any acts in connection with the Project. The Authority agrees that BSHSI and the Hospital may be reimbursed from the proceeds of the Series 2000 Bonds for all such costs they so incur to the extent permitted by the Act and applicable Federal law. (6) The Authority hereby agrees to the recommendation of BSHSI that Jones, Day, Reavis & Pogue, Ctficago, Illinois, be appointed as bond counsel and hereby appoints such firm to supervise the proceedings and approve the issuance of the Series 2000 Bonds. (7) At the request of BSHSI, the Authority hereby appoints Merrill Lynch, Pierce, Fenner & Smith, Incorporated, New York, New York, as purchaser and placement agent (the "Placement Agent") for the purchase and sale of the Series 2000 Bonds pursuant to terms to be mutually agreed upon. CH: 1130382v2 719070-171005 2 (8) The Authority does hereby authorize and approve the execution and delivery, in the name of, for, and on behalf of. the Authority by the Chairman or Vice Chairman of the Purchase Contract, in substantially the form presented and filed with the minutes of this meeting at which this resolution is being adopted, among the Authority, BSHSI, the Hospital and the Placement Agent, or, with the approval of the BSHSI, such other or additional purchaser or purchasers as shall be determined by the individual executing the Purchase Contract in the name of, for, and on behalf of, the Authority, providing for the issuance and sale of the Series 2000 Bonds in an aggregate principal amount, excluding any original issue discount, not exceeding $75,000,000, maturing no more than 35 years from the date of issuance with such Series 2000 Bonds to be subject to mandatory bond sinking fund redemption and redemption in such other circumstances at such times and at such prices as may be specified in the Purchase Contract, all upon such terms and conditions as shall be set forth in the Purchase Contract; provided, however, that with respect to the Series 2000 Bonds initially bearing interest at fixed interest rates such interest shall be at stated rates not exceeding 9.50% per annum, that the Series 2000 Bonds initially beating interest at variable rates shall bear interest at rates not in excess of 20.0% per annum, that the Series 2000 Bonds shall not bear interest at rates in excess of 20.0% per annum at any time and that under the Purchase Contract the purchase price of the Series 2000 Bonds, excluding any original issue discount, shall not be less than 98% of the aggregate principal amount thereof, plus accrued interest, if any, thereon; and provided further that the total compensation paid for the services of the Placement Agent, including any underwriting discount, shall not exceed an amount equal to 2.0% of the aggregate face amount of the Series 2000 Bonds. The final terms and conditions of the Series 2000 Bonds are subject to ratification by the Authority. (9) Nothing contained in this resolution shall require the expenditure of any funds of the Authority for any purpose whatsoever except such as may be derived fi.om the proceeds of the Series 2000 Bonds issued pursuant hereto, it being understood that BSHSI and the Hospital w/Il reimburse the Authority for all expenses that the Authority may incur arising from the adoption of this resolution and the performance by the Authority of its obligations hereunder and that are not paid with the proceeds of Series 2000 Bonds, including the fees and expenses of counsel to the Authority, regardless of whether the Series 2000 Bonds are issued. (10) The Authority hereby recommends that the Board of Supervisors of Chestertield, County, Virginia, approve the issuance of the Series 2000 Bonds. (11) This resolution shall take effect immediately and shall expire one year from the date hereof unless Series 2000 Bonds are issued within such time. CH: 1130382v2 719070-171005 3 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meetin~ Date: November 21, 2000 Item Number: 8.B.2.d. Subject: Resolution for Statewide Mutual Aid Agreement with Ail Virginia Jurisdic t ions County Administrator's Comments: County Administrator: Board Action Requested: The Staff request that the Board adopt the attached Resolution approving the County's participation in the Statewide Mutual Aid Agreement. Summary of Information: Earlier this year, the General Assembly adopted the emergency services and disaster law of 2000 which provides for the State Department of Emergency Management to develop a program coordinating and streamlining interjurisdictional cooperation for emergency fire, police, rescue and all other responses during major disasters. Pursuant to the emergency services and disaster law, the State Department of Emergency Management has worked with localities to establish a standard procedure for localities to use when seeking interjurisdictional assistance from other localities in responding to disasters. This new process will allow the (Continued) Stephen A. Elswick Attachments: Yes [---] No Title: Chief of Fire Department 0505 (23) :51304.1 # Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA November 21, 2000 Item Number: Page 2 of 2 provision of emergency assistance more quickly and efficiently. Under the procedure, localities agree that when they receive assistance from another locality, they will reimburse the other locality all of the assisting locality's out-of-pocket expenses (such as payroll and equipment cost) in providing assistance. Each locality will insure its own employees for workers compensation and liability as a result of the activities of their employees while providing interjurisdictional aid to other localities. In order to subscribe to the Statewide Mutual Aid Agreement Program, the Board should adopted the attached Resolution which has already been approved by approximately 35 localities throughout the state and which staff anticipates will be approved by the remaining localities over the course of the next couple of months. In addition to the Resolution, a copy of the Agreement is attached. 0505:51304.1 RESOLUTION TO PARTICIPATE IN A STATEWIDE MUTUAL AID PROGRAM WHEREAS, disasters may occur in Chesterfield County and in any jurisdiction in the state, that stress the resources of that jurisdiction, and WHEREAS, the Statewide Mutual Aid Program was developed to assist cities and counties to exchange emergency response and recovery services and resources, especially in response to a major disaster, and WHEREAS, the Statewide Mutual Aid Program provides for a two- party mutual aid agreement or contract that can be consummated quickly, provides form and structure, setting forth the common procedures and expectations for implementation, solves potential problems and concerns related to liability, insurance, and reimbursement up-front, and WHEREAS, the Statewide Mutual Aid Program makes available the services of all local government officials, including fire, police and rescue and provides procedures to assure in advance, that each deployment is needed and will be cost-effective, and WHEREAS, the Statewide Mutual Aid Program establishes simple procedures to assure proper reimbursement and that the necessary records are maintained for auditing purposes and for maximizing the reimbursement to localities of deployment related costs from federal and/or state government sources, NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors approves the participation of Chesterfield County in the Statewide Mutual Aid Agreement. AND, BE IT FURTHER RESOLVED, that a copy of this resolution and its attachment be permanently recorded among the papers of the Board of Supervisors of Chesterfield County, Virginia STATEWIDE MUTUAL AID Committee The SMA Implementation Guidebook was developed bythe SMA Committee which consists of the following representatives from the following agencies and organizations: Selby C. Jacobs, Chairman Lisa Barker James D. Campbell Jack Carper Eddie Carter Carl Cimino Ed Cook Grog Dickie John W. Jones Bill Edmonson Stephen T. Eilert Walter Green L. Ralph Jones, Jr. Carl losephson Bob Koester Steve Kopczynski Paul Logan Don Morton Larry McAndrews Tedd E. Povar William C. Porter Wanda Reed Lou $outhard C. Everette Vaughan, Jr. Jim Wagenbach State Fire Chiefs Association of Virginia Local Government Attomeys of Virginia Virginia Association of Counties Virginia Professional Fire Fighters Virginia State Fire Fighters Association (Staunton) Virginia Department of Fire Programs Virginia State Association of Volunteer Rescue Squads Virginia Municipal League Virginia Sheriffs Association Virginia Department of Emergency Management Virginia Association of Chiefs of Police Office of Emergency Medical Services/University of Richmond Virginia Department of Emergency Management Office of the Attorney General Virginia Search and Rescue Council State Fire Chiefs Association of Virginia Virginia Hazardous Materials Association Virginia Department of Forestry (Retired) Virginia Department of Fire Programs Virginia Institute of Government Virginia Municipal League (James City County) Virginia Emergency Management Association (City of Roanoke) Virginia Department of Forestry Office of Emergency Medical Services State Fire Chiefs Association of Virginia This committee will continue to promote Statewide Mutual Aid after the program is implemented and will continue to provide policy-making guidance and oversight as needed. Staff support will be provided by the Virginia Department of Emergency Management. Commonwealth of Virginia STATEWIDE MUTUAL AID Fact Sheet Was developed to assist cities and counties to exchange emergency response and recovery services and resources, especially in response to a major disaster. Provides for a two-party mutual aid agreement or contract that can be consummated quickly and efficiently by pre-authorized officials. Provides form and structure setting forth common procedures and expectations for implementation. Solves potential problems and concerns related to liability, insurance, and reimbursement up-front. Has the active support of local government management and professional emergency responder organizations statewide. Collectively, they constitute the Statewide Mutual Aid Committee. Does not interfere with day-to-day agreements or other state agency sponsored mutual aid arrangements or programs already in-place. Makes available the services of all local government officials--not just police, fire, and rescue. Provides procedures to assure in advance, insofar as possible, that each deployment is truly needed and will be cost-effective. Establishes simple procedures to assure proper reimbursement and that the necessary records are maintained for auditing purposes. Provides procedures for maximizing the reimbursement to localities of deployment- related costs from federal and/or state government sources. Includes provisions for the VDEM to provide guidance and assistance to localities as needed with implementation and reimbursement. Designates the VDEM to prepare, during implementation, a "big picture" status report of all event-specific deployments statewide. For additional information, see the SMA Implementation Guidebook, the VDEM web site (www.vdem.state.va.us), or contact your representative on the SMA Committee. STATEWIDE MUTUAL AID The Statewide Mutual Aid (SMA) program was developed to assist cities and counties to more effectively and efficiently exchange services and resources, especially in response to a major disaster wherein assistance needs to be provided from one area or region of the state to another. SMA resolves inconsistencies and uncertainties concerning the insurance and liability coverage of emergency workers when deployed from one locality to another and takes full advantage of opportunities for federal/state reimbursement of deployment-related costs. This program is supplemental to, and does not affect, existing day-to-day mutual aid agreements between adjacent or nearby localities. The program is in two parts. Under the Authorizing Resolution (see Attachment 1), cities and counties will sign-on to the concept of statewide mutual aid thereby agreeing to provide assistance when asked and ffable to do so. Then, in time of emergency, an Event Agreement (see Attachment 2) can be quickly developed and consunnnated whereby the specific manpower and equipment resources to be provided and the terms and conditions of the assistance will be identified and officially agreed to by both Requesting Party and Assisting Party. Under SMA, anytype of assistance may be requested and provided. However, the typos of personnel or task forces to be deployed most ofmn will have been pre-identified and expected practices for insurance, liability coverage, and reimbursement will have been established in advance. In other words, form and structure will be provided in advance in order to establish common expectations and procedures for implementation. This guidance will be included in this Implementation Guidebook. Although provisions for reimbursement are provided, assistance under the SMA program should be requested and provided based only on the need to respond to an emergency, not because it is anticipated that federal/state reimbursement will be available. Each member city or county must maintain public officials, law enforcement, general, and automobile liability for its own exposures. Each member locality must maintain workers' compensation coverage for its own employees and determine the extent of same coverage for potential emergency response personnel from volunteer and other non-governmental and/or contractual organizations. Volunteer fire and/or rescue organizations should have policies that provide at least $1,000,000 of liability coverage per occurrence. Within 10 days of the termination of mutual aid provided under this agreement, an altar- action or summary report will be submitted by each Requesting/Receiving Party to each Assisting Party and to the SMA program manager at the Virginia Department of Emergency Management (VDE1V0. It should include lessons-leamed and suggested recommendations for improving the program. Once a city, county, or other political subdivision signs the Authorizing Resolution, it remains in effect for one year and is automatically renewed for successive one-year terms. The SMA program manager will keep the official record of, and report periodically on, the status Of SMA. An event-specific after-action report will be provided whenever the program is implemented. Figure 1: Statewide Mutual Aid What It Does · Provides form and structure setting forth common procedures and expectations. · Solves potential problems and concerns related to liability, insurance, and reimbursement up-front. Has the active support of all local govemment management and professional emergency responder member organizations statewide. Does not interfere with day-to-day agreements or other state agency sponsored mutual aid arrangements or programs already in-place. Provides for the reimbursement of all deployment-related costs from the Requesting Party to the Assisting Party and, in turn, for the subsequent reimbursement of most of these costs from the federal govemment and/or the state government to the Requesting Party, especially in the event of a federal disaster declaration. Implementation Procedures Statewide Mutual Aid (SMA) will be implemented by an official Event Agreement or contract between two member political subdivisions. Ifa city, county, or other political subdivision suffers, or expects to suffer, a major disaster and needs assistance from another, the local chief administrative official (City Manager or County Administrator) orthe local Director of Emergency Management, as pre-authorized in the Guidebook, may: (1) implement SMA on their own by contacting another member directly and consummating a two party event agreement; or (2) call the State EOC and request guidance about how to implement. The SMA program manager, or his designee, can be accessed through the State EOC to assist member political subdivisions to implement SMA at anytime. The VI)EM web site (www.vdem.state.va.us) and the State Fire Chiefs Association of Virginia web site (www.sfcav.org) will provide the latest version of the SMA Implementation Guidebook, to include a listing of member political subdivisions with authorized points-of-contact and the forms needed for implementation. When SMA is being implemented, the SMA program manager, or his designee, will prepare a daily, or as needed, status report to reflect all on-going SMA activities statewide. These reports will be provided as needed until all deployed personnel have returned to their home locality at which time a final status report will be prepared. This final report will then serve as the basis for each Assisting Party putting together its request-for-reimbursement package which is to be submitted directly to the Requesting Party. Each status report should include names, duty assignments, the duration of each deployment, and a good working cost estimate. A copy will also be provided to each participating political subdivision and posted to the VDEM and SFCAV web sites. The three part SMA Event Agreement form (see Attachment 2) is the official form to be used by member localities when requesting or providing assistance under this program. Each SMA deployment can be officially implemented only with the completion of this form. Each part requires the signature of an official who has been pre-authorized to coordinate assistance under SMA and who is so designated in the SMA Implementation Guidebook. Parts I and III will have the signature of the Requesting Party's chief administrative official, or his pre-authorized designee, and Part II will have the signature of the chief administrative official of the Assisting Party, or his pre-authorized designee. An officially completed SMA Event Agreement form constitutes, in effect, a contract between Requesting Party and Assisting Party. The primary emphasis of SMA is to facilitate the provision of mutual aid between member political subdivisions~those that have signed-on through an Authorizing Resolution. Ifa non-member city, county, or other political subdivision wants to sign-on in anticipation ora major disaster, it may do so, thereby, upon acknowledgement from VDEM, becoming eligible to participate. The SMA program manager, or his designee, is available to facilitate this process. The State Emergency Management Coordinator will, in coordination with the Chair of the SMA Committee, resolve any problematic policy or procedural issues during the activation and implementation of SMA as needed. Once the SMA program manager, or his designee, is alerted by the potential Requesting Party, the SMA network of member political subdivisions will be activated. This will be accomplished by direct e-mail messages and by posting a notification to the VDEM and SFCAV web sites. The program manager will begin to list resources being offered from other member political subdivisions not affected, or not likely to be affected, by the current storm or event. At some point, and definitely no later than when deployments begin, a daily or as needed status report will be provided. It should clearly reflect the following information for each participating political subdivision: potential requests, assistance being offered, active requests not yet filled (emphasized), assistance being provided (in some detail), and completed actions. This report will be posted to the VI)EM web site and the SFCAV web site in order to keep participating localities and other interested parties informed about on-going SMA activities. To officially request assistance, the Requesting Party will complete Part I of the SMA Event Agrcement form. The signature of the Requesting Party's chief administrative official, or pre-authorized representative, is required. Requests for SMA assistance may be initiated verbally when an urgent response is needed. However, verbal requests must be followed-up within 24 hours by completing and submitting Part I of the SMA Event Agreement form and this, except under extenuating circumstances, must be received before the Assisting Party responds by completing and submitting Part II. Then, Part II of the SMA Event Agreement form is to be completed by the responding and potential Assisting Party. Necessary information about the personnel and resources to be provided and a good working cost estimate must be included. This information becomes the basis for the agreement. Direct coordination bc~20veen program managers, or perhaps even in-the-field supervisors, in both the requesting locality and the assisting locality is essential so that what is being provided and the terms are clearly understood by both parties. Experienced local govemment officials can provide much-needed guidance to their counterparts in other localities who haven't recently experienced a major disaster but are about to. Such assistance can be provided under SMA and should be offered and requested by member political subdivisions as needed. These officials may need to visit for only a day or two. Figure 2: How to Implement Statewide Mutual Aid Requesting Party · Sign-on through an Authorizing Resolution. · Attend training when provided. · In response to a disaster-related cdtical need, complete Part I of the Event Agreement requesting assistance from one or more other SMA member political subdivisions. A direct verbal request followed by the form within 24 hours is acceptable. · Request guidance and assistance in implementing SMA from the State EOC, if needed. · Coordinate with responding potential assisting localities to determine the best available assistance. Be specific about what is being requested and what is being provided. · Receive via fax a completed Part II with authorized signature from one or more potential assisting political subdivisions. · Select the preferred provider. If you accept the services, terms and conditions presented, consummate the contract by signing and returning Part III via fax. Aisc provide a copy to the mutual aid program manager through the State EOC. · Receive deployed personnel and make work assignments as needed and in accordance with the contract. · VVithin 10 days after the return of all deployed personnel, provide a SMA after action report to the SMA program manager at VDEM in order to capture lessons-learned. · After deployment and an official request for reimbursement from each Assisting Party, provide a one lump-sum payment to each as appropriate. · Coordinate with VDEM to request federal/state reimbursement as appropriate. Assisting Party · Sign-on through an Authorizing Resolution. · Attend training when provided. · Inventory personnel and resources. Consider insurance coverage and liability protection for those selected for potential deployment to anotl~er locality, especially volunteers. · Receive a Part I or an unofficial "heads up" from a Requesting Party. Consider the availability of personnel. · If your locality can help, respond directly to the Requesting party. Coordinate to determine the personnel, conditions, and terms of the assistance to be provided. · Obtain an official Part I from the Requesting Party if not yet provided. · Once there is a verbal understanding and agreement, follow-up by completing and submitting a detailed Part II of the Event Agreement form. If accepted, a completed Part III will be provided by the Requesting Party. · Mobilize for deployment. Just prior to deployment, bdef the team about what to expect and the documentation needed for reimbursement. · Deploy and assist. · Mobilize and retum. ., · Submit to the Requesting Party a Notification of Intent to Seek Reimbursement within 10 days and an official Request for Reimbursement package within 30 days of the return of deployed personnel. If the services to be provided, terms, and conditions reflected in Part II meet with the approval of the Requesting Party's chief administrative official, he will then sign Part III of the SMA Event Agreement form. The authorizing signatures of the Requesting Pa~y (Part III) and the Assisting Party (Part II) will, in effect, constitute a contract for services to be provided. Should the assistance provided or the terms and conditions change during deployment, the contract should be renegotiated. The following records will be maintained by each Requesting Party Eec: - Official completed SMA Event Agreements - Summary report of each SMA conference call - Copies of e-mail messages among participating localities - Requesting Party Eec Situation Reports reflecting all outside assistance provided - Manning document for all SMA-deployed personnel provided When a SMA member locality receives a request for assistance (i. e., a SMA Event Agreement form with Part I completed) from another SMA member political subdivision, it will: - Confirm the availability of the resources requested. - Notifythe chief administrative official of the emergency declaration in the Requesting Party's locality, of the resources requested, and request approval to provide assistance under the terms of SMA. Obtain his approval. - Respond telephonically within two hours of the receipt of the request advising the Requesting Party Eec the extent to which the requested assistance can be provided. Do not offer more than you can provide expeditiously so that other options, i.e., resources from other localities, can be pursued. - Complete and submit Part II of the SMA Event Agreement form within 12 hours of the receipt of the Part I request informing the Requesting Party of tho specific assistance being offered and a cost estimate. The signature of the Assisting Party's chief administrative official or his authorized representative is required. During Part II of the SMA process, direct coordination between Requesting Party and Assisting Party program managers or other responsible parties is strongly encouraged. Each should have a working understanding of what is needed, what is going to be provided, and the terms of reimbursement. Such a discussion would also serve to confirm the legitimacy of the request and the appropriateness of tho response. The logistical arrangements for the reception of Assisting Party personnel in the Requesting Party's locality (time, place, point-of-contact, lodging arrangements, etc.) should also be included in Part II. Workers' Compensation Coverage: Each member political subdivision will be responsible for its own actions and those of its employees and is responsible for complying with the Virginia Workers' Compensation Act. Coverage under this Act may be obtained (1) by a policy with an insurance company licensed to do business in the Commonwealth of Virginia, (2) by being a qualified self-insured, or (3) by being a member ora group self-insurance association. Each member political subdivision should understand that workers' compensation coverage does not automatically extend to volunteers. Each local government may obtain accident insurance for any volunteer at the locality's discretion. Workers' compensation coverage for certain volunteers (volunteer firefighters, volunteer lifesaving or volunteer rescue squad members, volunteer law enforcement chaplains, auxiliary or reserve police, auxiliary or reserve deputy sheriffs, volunteer emergency medical technicians, and members of volunteer search and rescue organizations) may be obtame~i by adding this exposure to the locality's workers' compensation coverage. As an alternative, the individual volunteer company may obtain workers' compensation insurance coverage for this exposure. Automobile Liability Coverage: Each Member Locality is responsible for its own actions and is responsible for complying with the Virginia motor vehicle financial responsibility laws. Coverage under these laws may be obtained (1) by a policy with an insurance company licensed to do business in the Commonwealth of Virginia, (2) by being a qualified self insured, or (3) by being a member of a group self insurance association. Each Member Locality agrees to obtain automobile liability coverage with a limit of at least $1,000,000 combined single limit and a coverage symbol "1" extending coverage to owned, non-owned, and hired vehicles. It is understood that the local government may include in the emergency response, volunteer companies that have motor vehicles tiffed in the name of the volunteer company. It is the responsibility of the Member Locality to determine if the volunteer company has automobile liability coverage as outlined in this section. General Liability, Public Officials Liability, and Law Enforcement Liability: To the extent permitted by law and without waiving sovereign immunity, each party to this Agreement will be responsible for any and all claims, demands, suits, actions, damages, and causes for action related to or arising out of or in any way connected with its own actions, and the actions of its personnel in providing mutual aid assistance rendered or performed pursuant to the terms and conditions of this Agreement. Each Member Locality agrees to obtain general liability coverage with a limit of at least $1,000,000 combined single limit. Each Member Locality agrees to obtain public official liability coverage and law enforcement liability coverage with a limit of at least $1,000,000 combined single limit. These coverages may be obtained (1) by a policy with an insurance company licensed to do business in the Commonwealth of Virginia, (2) by being a qualified self insured, (3) by being a member of a group self insurance association, or (4) by any insurance plan administered through the Department of General Services Division of Risk Management. The Requesting Party's EOC will monitor and assist personnel deployed under SMA from other localities providing logistical and technical support as needed. SMA-deployed personnel will be instructed to report to the Requesting Party's EOC upon arrival and departure and to advise him of any change of status. A pre-deployment briefing should be provided to persons to be deployed by the Assisting Party just prior to their departure. They will need to know what working conditions to expect and how to keep the records needed for requesting reimbursement. Should an Assisting Party provide a strike team or other substantial in-the-field resources, it should also provide a Liaison Officer as a part of the deployment. This SMA Liaison Officer will document missions requested and assigned, assure that reimbursement documentation is maintained, and prepare a demobilization plan to retum personnel and equipment in a safe and timely manner. Significant follow-up activity will be required by the Requesting Party's finance officer and the Assisting Party's finance officer, in coordination with the VI)EM finance officer, to assure proper reimbursement and to assure that the necessary records are maintained for auditing purposes. See below. The SMA program manager will prepare a SMA deployment summary report evaluating and recommending improvements to existing guidance and procedures. This report will be submitted to the State Coordinator of Emergency Management and to the Chair of the Statewide Mutual Aid Committee. Reimbursement under SMA The Requesting Party will reimburse the Assisting Party for all deployment-related costs to include those related to personnel, use of equipment, and travel. All such costs must be well documented in order to be eligible for reimbursement. Only if this policy and practice is pre-existing will the Requesting Party in mm be eligible for reimbursement from the Federal Emergency Management Agency (FEMA) in accordance with the Stafford Act which provides disaster relief in the event ora Presidential disaster declaration. Rapid and accurate collection and submission of documentation will expedite the reimbursement process for all parties. Each Assisting Locality will request, and the Requesting Locality will provide, reimbursement in the form of one lump-sum payment. Only after each Assisting Party has been reimbursed by the Requesting Party may the Requesting Party then request reimbursement of eligible costs from FEMA pursuant to the Stafford Act and, then, from the Commonwealth. Before deployment, the Requesting Party and the Assisting Party will agree to, at least in general terms, what services are to be provided and a cost estimate. This is to be accomplished in Part II of the SMA Event Agreement form. Each Assisting Party will provide notice to the Requesting Party of its intention to seek reimbursement within 10 days of the retum of deployed personnel. Such notification should include a brief summary of the services provided, an estimated total amount to be requested (which the Requesting Party will need for budgeting purposes), and an official point-of-contact or finance project officer who will be responsible for the package. The Requesting Party should officially acknowledge receipt of each letter of notification and of its intent to reimburse the Assisting Party for expenses incurred once the SMA-required documentation is provided. The Assisting Party will then prepare and submit a Request for Reimbursement package to the Requesting Party within 30 days of the return of deployed personnel. This package will consist of: - A cover letter that summarizes the assistance provided under SMA and officially requests reimbursement for expenses incurred. The finance officer responsible for the package should be identified as the point-of-contact for additional information or clarification. - A copy of the official SMA Event Agreement form with authorizing signatures. - A single invoice listing services provided with one total cost. - Supporting documentation. Reimbursement is based on the personnel, fringe benefits, and travel policy of the supporting or home agency/locality/organization. Costs can include labor, equipment, rental equipment, contracts, and materials. Travel costs should be included with all names specified. Generally, only actual and documented expenses may be claimed. Reimbursement is permitted for per diem costs. However, complimentary rooms, meals, and other services are not eligible and per diem expenses may need to be prorated accordingly. Keimbursement is permitted for the travel and per diem costs of volunteers. Separate documentation is required for each crew to include names, work performed, location of work, and date/time of work. Requests for reimbursement for damaged equipment must be accompanied by photographs, a detailed narrative report, and cost information. The Requesting Party will reimburse any amounts paid or due for compensation to employees of the Assisting Party under the terms of the Workers' Compensation Act due to personal injury or death occurring while such employees are engaged in rendering aid under this agreement. Whi. 'le providing services to the Requesting Party, employees of the Assisting Party will be considered "borrowed servants" of the Requesting Party and will be considered in "dual employment" with the Requesting and Assisting Parties. ? While the Requesting Party will reimburse the Assisting Party for payments made in workers' compensation benefits required to be paid to its employees due to personal injury or death, both the Requesting Party and the Assisting Party will enjoy immunity from civil prosecution. The Requesting Party will reimburse the Assisting Party for all reasonable expenses. A one lump sum payment will be made to each Assisting Party within 30 days of the receipt ora complete Request for Reimbursement package. Figure 3: Reimbursement for Statewide Mutual Aid Assisting Party · Attend training when provided. · Based on existing personnel, payroll, and travel policies; develop procedures to document SMA deployment-related costs as needed. · Prior to deployment, brief personnel on reimbursement procedures. Assign one team member to be responsible for facilitating and collecting the needed documentation. · If reimbursement is going to be requested, send a Notice of Intent to Request Reimbursement to the Requesting Party within 10 days of the return of deployed personnel. If reimbursement is not going to be requested, provide an official notification to that effect. · Complete the Request for Reimbursement package. Coordinate with the designated mutual aid finance officer of the Requesting Party as needed to assure that you have put together a complete package. · Within 30 days of the return of deployed personnel, submit the official request for reimbursement package to the Requesting Party. · Receive one lump-sum payment for all deployment-related costs from the Requesting Party. Requesting Party · Attend training when provided. · Receive a Notification of Intent to Request Reimbursement or a waiver statement from each Assisting Party. This notification is due within 10 days of the return of deployed personnel. Acknowledge receipt. · Receive the official Request for Reimbursement package from each Assisting Party. This is due within 30 days of the return of deployed personnel. Acknowledge receipt and request any additional information needed. · Provide a one lump sum reimbursement payment to each Assisting Party within 30 days of the receipt of a complete Request for Reimbursement package. · If eligible and if appropriate, request federal and/or state reimbursement. Assisting Parties will not charge for incidental expenses not directly related to the deployment of personnel to another locality, such as stafftime to prepare for deployment or to document costs for reimbursement. In the spirit of SMA, Assisting Parties are expected to accomplish a cost-effective deployment while providing a much-needed service. The extent to which this is accomPlished will be reflected in the SMA Summary Report of each disaster. Future SMA deployments will be based on those that have proven to work best. Substantive changes during the deployment to the terms and conditions in the original SMA Event Agreement form may require a supplemental request and agreement. A copy o£the original SMA Event Agreement form, and any supplemental SMA Event Agreement forms with supplemental terms and conditions, must be included in the Request for Reimbursement package. The SMA program manager, or his designee, should keep a record of all deployment-related documentation, from the original SMA Event Agreement to the final payment from the Requesting Party. He should actively coordinate with participating localities to encourage and facilitate proper reimbursement. Reminder notices in anticipation of key due dates (such as the Notification to Seek Reimbursement within 10 days and the official Request for Reimbursement package within 30 days) should be provided as needed. A VI)EM financial officer will be designated to monitor and provide guidance to participating localities concerning reimbursement as needed. Training The mutual aid program manager, two or more part time mutual aid specialists, and the designated mutual aid finance officer will constitute the VDEM mutual aid staff. They should be prepared at all times to implement mutual aid--either EMAC or SMA--on short notice. Training will be provided by the mutual aid program manager as needed to assure an appropriate level of preparedness. Detailed after action reports will be compiled after all mutual aid deployments in order to capture lessons-learned and to improve policies and practices for future deployments. Only those types of deployments that have proven to be truly beneficial and cost-effective will be emulated. SMA is a local government program. Local governments and their emergency services providing departments, agencies, and organizations need to know how to participate. The member organizations on the SMA Committee will provide training and "marketing" as needed. Such training should also incorporate interstate mutual aid under EMAC and the day-to-day, reciprocal agreements between adjacent localities. Figure 4: Statewide Mutual Aid Building a Capability The current version of the SMA Implementation Guidebook is bdef and open-ended by design. As with EMAC, the capability to implement effectively and to provide for reimbursement efficiently will be developed over time based on lessons-learned from actual events. The Guidebook will then be expanded accordingly, eventually including member localities and their points-of-contact, good examples of consummated agreements, after action reports from successful deployments, and example reimbursement packages. The Guidebook will be maintained on the web sites of the State Fire Chiefs Association of Virginia (SFCAV) at www. sfcav.org and the Virginia Department of Emergency Management (VDEM) at www.vdem.state.va.us thereby providing easy access to the most current information. Intemet links will be also be established with other state-level supporting organizations, such as VML, VACo, VEMA, etc. ; Attachment 1 STATEWIDE MUTUAL AID FOR EMERGENCY MANAGEMENT MODEL RESOLUTION WHEREAS, the Commonwealth of Virginia Emergency Services and Disaster Law of 2000, as amended, (Title 44, Chapter 3.2 of the Virginia Code) authorizes the Commonwealth and its political subdivisions to provide emergency aid and assistance in the event of a major disaster; and WHEREAS, the statutes also authorize the State Emergency Operations Center to coordinate the provision of any equipment, services, or facilities owned or organized by the Commonwealth or its political subdivisions for use in the affected area upon request of the duly constituted authority of the area; and WHEREAS, this Resolution authorizes the request, provision, and receipt of interjurisdictional mutual aid in accordance with Title 44, Chapter 3.2 of the Code of Virginia among political subdivisions, other authorized entities and officers within the Commonwealth; NOW, THEREFORE, the [governing body] resolves that the [political subdivision] shall have the authority to participate in Statewide Mutual Aid in the event of emergency or disaster in accordance with the following terms and conditions, which shall be in the nature of a compact and agreement among participating entities which have adopted similar executive orders, ordinances or resolutions. This Statewide Mutual Aid program may include requests for and provision of personnel, equipment, materials, and other forms of assistance, or any combination of assistance, to any entity within the Commonwealth, pursuant to the following terms and conditions: SECTION 1. DEFINITIONS "EVENT AGREEMENT" -- a contract between two member political subdivisions entered into at the time of emergency in which the Assisting Party agrees to provide specified resources to the Requesting Party under the terms and conditions specified in the Agreement. "REQUESTING PAR'FY" - the member political subdivision requesting aid in the event of an emergency or disaster and participating in the Statewide Mutual Aid Program pursuant to the terms and conditions of this Resolution. "ASSISTING PARTY" - the member political subdivision furnishing equipment, services and/or manpower to the Requesting Party, and participating in the Statewide Mutual Aid Program ("the Program'3 pursuant to terms consistent with those in this Resolution. "AUTHORIZED REPRESENTATIVE" - an officer or employee of a member political subdivision authorized in writing by that entity to request, offer, or provide assistance under the terms of this Resolution. E. ~DEPARTMENT" - the Department of Emergency Management. "EMERGENCY" - any occurrence, or threat thereof, whether natural, or caused by man, in war or in peace, which results or may result in substantial injury or harm to the population, substantial damage to or loss of property, or substantial harm to the environment. "DISASTER" -- any natural, technological, or civil emergency that causes damage of sufficient sevedty and magnitude to result in a declaration of a state of emergency by the Governor or the President of the United States. Ho "IMPLEMENTATION GUIDEBOOK" -- Guidance document promulgated by the Department to assist member political subdivisions with Statewide mutual aid activities, to provide procedures and minimum standards for participation, and to provide for compliance with state and federal reimbursement requirements. "MAJOR DISASTER" - a disaster which is likely to clearly exceed local capabilities and require a broad range of state and federal assistance. "MEMBER POLITICAL SUBDIVISION" - any political subdivision or authorized officer or agency within the Commonwealth of Virginia which maintains its own emergency services organization and plan and which enacts an ordinance or resolution or promulgates an executive order with terms substantially similar to those set out in this Resolution, authorizing Statewide mutual aid pursuant to Title 44 of the Virginia Code. "STATE EOC" -- the Virginia Emergency Operations Center from which assistance to localities is coordinated when local emergency response and recovery resources are overwhelmed. This facility is operated by the Virginia Department of Emergency Management. SECTION 2. PROCEDURES FOR PROVISION OF MUTUAL AID When a member political subdivision either becomes affected by, or is under imminent threat of an emergency or disaster and, as a result, has officially declared an emergency, it may request emergency-related mutual aid assistance by: (1) submitting a Request for Assistance to an Assisting Party or to the State EOC, or (2) orally communicating a request for mutual aid assistance to an Assisting Party or to the State EOC, followed as soon as practicable by written confirmation of the request. Mutual aid shall not be requested by a member political subdivision unless resources available within the stricken area are deemed to be inadequate. All requests for mutual aid must be transmitted by the Authorized Representative of the member political subdivision or the Director of Emergency Management. No member political subdivision shall be required to provide mutual aid unless it determines that it has sufficient resources to do so. REQUESTS DIRECTLY TO ASSISTING PARTY: The Requesting Party may directly contact the Authorized Representative of the Assisting Party and provide the information in the Request Form prescribed in the SMA Implementation Guidebook. Each Assisting Party must communicate directly with the Requesting Party in order to execute an Event Agreement. The Requesting Party shall be responsible for keeping the State EOC advised of the status of mutual aid activities. REQUESTS ROUTED THROUGH, OR ORIGINATING FROM THE STATE EOC: The Requesting Party may directly contact the State EOC, in which case it shall provide the information in the Request Form in the SMA Implementation Guidebook. The State EOC may then contact other member political subdivisions on behalf of the Requesting Party. Once identified, each Assisting Party must communicate directly with the Requesting Party in order to execute an Event Agreement. ASSESSMENT OF AVAILABILITY OF RESOURCES AND ABILITY TO RENDER ASSISTANCE: When contacted by a Requesting Party, or by the State EOC on behalf of a Requesting Party, the Authorized Representative of any member political subdivision agrees to assess local resources to determine available personnel, equipment and other assistance. SUPERVISION AND CONTROL: When providing assistance under the terms of this Agreement, the personnel, equipment, and resources of any Assisting Party will be under the operational control of the Requesting Party, which shall advise supervisory personnel of the Assisting Party of work tasks, for assignment to personnel. Direct supervision and control of personnel, equipment and resources shall remain with the designated supervisory personnel of the Assisting Party. The designated supervisory personnel of the Assisting Party shall: maintain daily personnel time records, material records, and a log of equipment hours; be responsible for the operation and maintenance of the equipment and other resources furnished by the Assisting Party; and shall report work progress to the Requesting Party. The Assisting Party's personnel and other resources shall remain subject to recall by the Assisting Party at any time, subject to reasonable notice to the Requesting Party. At least twenty-four hour advance notification of intent to withdraw personnel or resources shall be provided to the Requesting Party unless such notice is not practicable, in which case such notice as is reasonable shall be provided. FOOD, HOUSING, AND SELF-SUFFICIENCY: Unless specifically instructed otherwise, the Requesting Party shall have the responsibility of providing food and housing for the personnel of the Assisting Party from the time of their arrival at the designated location to the time of their departure. However, Assisting Party personnel and equipment should be, to the greatest extent possible, self-sufficient while working in the emergency or disaster area. The Requesting Party may specify only self-sufficient personnel and resources in its request for assistance. COMMUNICATIONS: Unless specifically instructed otherwise, the Requesting Party shall have the responsibility for coordinating communications between the personnel of the Assisting Party and the Requesting Party. Assisting Party personnel should be prepared to furnish communications equipment sufficient to maintain communications among their respective operating units. RIGHTS AND PRIVILEGES: VVhenever the officials, employees and volunteers of the Assisting Party are rendering aid pursuant to this Agreement, such employees shall have the powers, duties, dghts, privileges, and immunities, and shall receive the compensation, incidental to their employment or position. TERM OF DEPLOYMENT: The initial duration of a request for assistance is normally seven days and may be extended, if necessary, in seven day increments. However, the duration may be shorter or longer as reflected in the Event Agreement. SUMMARY REPORT: VVithin ten days of the return of all personnel deployed under SMA, the Requesting Party will prepare a Summary Report of the event, and provide copies to each Assisting Party and to the Department. The Report shall be in a format prescribed by the Department and shall include a chronology of events and description of personnel, equipment and materials provided by one party to the other. SECTION 3. REIMBURSABLE EXPENSES The terms and conditions governing reimbursement for any assistance provided pursuant to this Resolution shall be in accordance with the following provisions, unless, otherwise agreed upon by the Requesting and Assisting Parties and specified in the Event Agreement. PERSONNEL: Dudng the period of assistance, the Assisting Party shall continue to pay its employees according to its then prevailing ordinances, rules, and regulations. The Requesting Party shall reimburse the Assisting Party for all direct and indirect payroll costs and expenses (including travel expenses, benefits, workers' compensation claims and expenses) incurred dudng the pedod of assistance, unless agreed to otherwise by the parties in the Event Agreement. EQUIPMENT: The Assisting Party shall be reimbursed by the Requesting Party for the use of its equipment dudng the period of assistance according to either a pre-established local or state houdy rate or according to the actual replacement, operation, and maintenance expenses incurred. For those instances in which some costs may be reimbursed by the Federal Emergency Management Agency, the eligible direct costs shall be determined in accordance with 44 CFR 206.,228, or other regulations in effect at the time of the disaster. Each Party shall maintain its own equipment in safe and operational condition. At the request of the Assisting Party, fuels, miscellaneous supplies, and minor repairs may be provided by the Requesting Party, if practical. If the equipment charges are based on a pre-established local or state hourly rate, then these charges to the Requesting Party shall be reduced by the total value of the fuelS, supplies, and repairs fumished by the Requesting Party and by the amount of any insurance proceeds received by the Assisting Party. MATERIALS AND SUPPLIES: The Assisting Party shall be reimbursed for all materials and supplies furnished by it and used or damaged during the period of assistance, except for the costs of equipment, fuel and maintenance materials, labor and supplies, which shall be included in the equipment rate established above, unless such damage is caused by gross negligence, or willful and wanton misconduct of the Assisting Party's personnel. The measure of reimbursement shall be determined in accordance with 44 CFR 206.228 or other regulations in effect at the time of the disaster. In the alternative, the Parties may agree that the Requesting Party will replace, with like kind and quality as determined by the Assisting Party, the materials and supplies used or damaged. If such an agreement is made, it shall be reduced to writing and transmitted to the Department. RECORD KEEPING: The Assisting Party shall maintain records and submit invoices for reimbursement by the Requesting Party in accordance with existing policies and practices. Requesting Party and Department finance personnel shall provide information, directions, and assistance for record keeping to Assisting Party personnel. Later, Department personnel will provide assistance to the Requesting Party in seeking federal/state reimbursement. PAYMENT: Unless otherwise mutually agreed, the Assisting Party shall bill the Requesting Party for all reimbursable expenses with an itemized statement as soon as practicable alter the expenses are incurred, but not later than sixty (60) days following the pedod of assistance, unless the deadline for identifying damage is extended in accordance with applicable federal or State regulations. The Requesting Party shall pay the bill, or advise of any disputed items, not later than sixty (60) days following receipt of the statement, unless otherwise agreed upon. WAIVER OF REIMBURSEMENT: A member political subdivision may assume or donate, in whole or in part, the costs associated with any loss, damage, expense or use of personnel, equipment and resources provided. SECTION 4. INSURANCE WORKERS' COMPENSATION COVERAGE: Each member political subdivision shall be responsible for its own actions and those of its employees and is responsible for complying with the Virginia Workers' Compensation Act. AUTOMOBILE LIABILITY COVERAGE: Each member political subdivision shall be responsible for its own actions and is responsible for complying with the Virginia motor vehicle financial responsibility laws. Member political subdivisions agree to obtain automobile liability coverage with a limit of at least $1,000,000 combined single limit and coverage for owned, non-owned, and hired vehicles. It is understood that the local government may include in the emergency response volunteer companies that have motor vehicles titled in the name of the volunteer company. It is the responsibility of each member political subdivision to determine if the volunteer company has automobile liability coverage as outlined in this section. GENERAL LIABILITY, PUBLIC OFFICIALS LIABILITY, AND LAW ENFORCEMENT LIABILITY: To the extent permitted by law and without waiving sovereign immunity, each member political subdivision shall be responsible for any and all claims, demands, suits, actions, damages, and causes for action related to or arising out of or in any way connected with its own actions, and the actions of its personnel in providing mutual aid assistance rendered or performed pursuant to the terms and conditions of this Resolution. Each member political subdivision agrees to obtain general liability, public officials liability and law enforcement liability, if applicable, with minimum single limits of no less than one million dollars. SECTION 5. ROLE OF THE DEPARTMENT OF'EMERGENCY MANAGEMENT The Department shall, dudng normal operations, provide staff support to political subdivisions, officers and authorized agencies, serve as the central depository for agreements, resolutions, ordinances and executive orders, maintain a current listing of member political subdivisions, and provide a copy of this listing to each on an annual basis. The State EOC shall, dudng emergency operations, (1) request mutual aid on behalf of a member political subdivision, under the cimumstances identified in this Agreement, (2) keep a record of all Requests for Assistance and Acknowledgments, (3) report on the status of ongoing emergency or disaster-related mutual aid as appropriate, and assist participants in meeting all procedural and other requirements, including those pertaining to federal and statecost reimbursement. SECTION 6. SEVERABILITY AND THE EFFECT ON OTHER RESOLUTIONS Should any portion, section, or subsection of this Resolution be held to be invalid by a court of competent jurisdiction, that fact shall not affect or invalidate any other portion, section or subsection; and the remaining portions of this Resolution shall remain in full fome and effect without regard to the section, portion, or subsection or power invalidated. In the event that any parties to this Resolution have entered into other mutual aid agreements, those parties agree that said agreement will remain in effect unless they conflict in principle with this Resolution in which case they are superseded by this Resolution. In the event that two or more parties to this Resolution have not entered into another agreement, and the parties wish to engage in mutual aid, then the terms and conditions of this Resolution shall apply between those parties. ADOPTED BY POLITICAL SUBDIVISION: DATE: I certify that the foregoing is an accurate copy of the Resolution/Ordinance adopted by the [governing body] on BY: TITLE: DATE: COMMONWEALTH OF VIRGINIA DEPARTMENT OF EMERGENCY MANAGEMENT ACKNOWLEDGED BY: DATE: (Name of Official) (Title) Attachment 2 PART I: Emergency or disaster event: Requesting Party: REQUEST FOR ASSISTANCE 1. General description of the event: (Attach latest local Situation Report or summarize bdefly.) 2. Identification of the emergency sen/ices function(s)for which assistance is needed (e.g., fire, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, mass care, resoume support, search and rescue etc.) and the particular type of assistance needed. 3. Identification of the public infrastructure system(s) for which assistance is needed (e.g., sanitary sewer, potable water, storm water systems, etc.) and the type of work assistance required. 4. The amount and type of personnel, equipment, materials, and supplies needed and a reasonable estimate of the length of time they will be needed: Identify the Requesting Party's representative or point-of-contact. Authorized Requesting Party Official: Title: Date: Time: After completion of Part I, fax this entire three page form to the potential assisting party and to the State EOC: (804) 674-2419. Assisting Party: PART I1: ASSISTANCE TO BE PROVIDED The request for assistance from has been received. (Check one box only.) ~---] Assistance can be provided as follows: 1. Personnel: (List pdmary point-of-contact/team leader and all personnel. Provide titles and Social Security #s for each. Provide additional information on page 3 as needed.) 2. Equipment: 3. Place of Arrival: 4. Estimated Date and Time of Arrival: 5. Estimated Date and Time of Departure: 6. The above terms and information have been coordinated with the Requesting Party's point- of-contact: Phone: -'~ Assistance cannot be provided at this time. Bdefly explain why. Authorized Assisting Party Official: Title: Date: Time: After completion of Part II, fax this entire three page form to the requesting locality:and to the State EOC: (604) 674-2419. PART I1: ASSISTANCE TO BE PROVIDED - CONTINUATION (OPTIONAL) PART II1: REQUESTING PARTY'S APPROVAL Assistance in accordance with the Statewide Mutual Aid Guidebook and the terms and conditions described in Part II of this agreement is hereby: Accepted J~l Declined J'-'--J (Check only one box.) I I I ! Authorized Requesting Party Official: Title: Date: Time: After completion of Part III, fax this entire three page form to the locality offering assistance and to the State EOC: (804) 674-2419. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: November 21, 2000 Item Number: 8.B.2.e. Subiect: Resolution Recognizing Mrs. Pearl M. Perkins Upon Her Retirement County Administrator's Comments: County Administrator: Board Action Requested: Adoption of attached resolution Summary of Information: Mrs. Pearl M. Perkins will retire from public service having served twenty- two years of service to the citizens of Chesterfield County. Preparer: ./(_,/--~',~ / ~--'-~)~"'"~~"'~ Title: Director1 Information Systems Technology Rick Parks Attachments: Yes No WHEREAS, Mrs. Pearl M. Perkins retired on October 5, 2000, from the Information Systems Technology Department; and WHEREAS, Mrs. Perkins has provided 22 years of quality service to the citizens of Chesterfield County; and WHEREAS, Mrs. Perkins performed administrative and accounting functions for the General Services Department, where she always demonstrated a positive and professional attitude; and WHEREAS, Mrs. Perkins, as Communications Electronic Specialist, demonstrated exceptional communication skills in providing quality telephone services; and WHEREAS, Mrs. Perkins has been formally recognized for her external and internal customer service skills and commitment to excellence; and WHEREAS, Mrs. Perkins' active participation in community service activities, in particular, the Christmas Mother Program, exhibited thoughtful concern for her fellow citizens; and WHEREAS, Mrs. Perkins has been very supportive in volunteering her services to the Voter Registrar's Office over the last decade; and WHEREAS, Mrs. Perkins has been involved with the Total Quality Improvement program from the onset, up to and including, her recent graduation from the TQI University; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Mrs. Perkins' diligent service; and WHEREAS, Mrs. Perkins' cheerfulness, enthusiasm, friendliness, and loyalty will be remembered by all. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes Mrs. Pearl M. Perkins and extends their appreciation for her dedicated service to the County, their congratulations upon her retirement, and their best wishes for a long and happy retirement. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~l Date:, November 21, 2000 Item Number: 8.B.2.f. Subject: Resolution Recognizing James G. "Punky" Lumpkin on His Retirement as Chairman, State Mental Health, Mental Retardation and Substance Services Board Abuse County Administrator's Comments: County Administrator: Board Action Requested: That the Board adopt the Resolution recognizing James G. Retiring Chairman of the State MHMRSAS Board. Summa~ of Information' (See Attached) "Punky" Lumpkin, Pr ep~rer~/"~//~,yZ ~ k > George~. Braunstein Title: Executive Director MH/MR/SA Department Attachments: Yes ~ No RECOGNIZING MR. JAMES G. "PUNKY" LUMPKIN ON HIS RETIREMENT AS CHAIRMAN, STATE BOARD OF MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE SERVICES WHEREAS, Mr. James G. "Punky" Lumpkin, resident of Dale Magisterial District has been a valued member and chairman of the State Board of Mental Health, Mental Retardation and Substance Abuse Services since 1990; and WHEREAS, during this time Mr. Lumpkin has been an articulate spokesman and advocate for quality mental health, mental retardation and substance abuse services in Chesterfield County and across the Commonwealth; and WHEREAS, Mr. Lumpkin was instrumental in establishing a specialized program for persons with autism in Chesterfield County through a public- private cooperative initiative in July, 1989; and WHEREAS, Mr. Lumpkin has for many years demonstrated his commitment and support of the programs and services provided for Chesterfield citizens with behavioral health care needs. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes Mr. James G. "Punky" Lumpkin on his retirement from the State Board of Mental Health, Mental Retardation and Substance Abuse Services and for his ten years of significant contributions and dedicated commitment to ensure quality services for persons with mental disabilities across the Commonwealth and in Chesterfield County. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meetin~l Date: November 21, 2000 Item Number: 8.B.2.q. 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: ~. ,~":i~.~ ~._ Title: Director, General Services / Franci~ M. Pitaro 0423:51143.1(5]133.], 5]136.], Attachments: Yes [---] No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meetin Date: November 21, 2000 Item Number: 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. 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. 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 subject to approval as to form of any Electricity Supply Service Agreement by the County Attorney. (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. 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 Counsel (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 hereinat~er 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 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 ~ ~,commended that the Virginia Power Localities whose electricity accounts are included within the" 'ember 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 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 Memben (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 (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 ora 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 Originals. 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 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: '1. 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 Electric Company ("Virginia Power") to Customer as purchaser of Virginia Power's bundled retail electric 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 electric 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 [[rev/se/f using a/ternat/ve pr/c/ng mechan/srn]] 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 all 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. 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 govern Company's provision of the Requirements, including those rules and regulations concerning imbalances, losses, billing periods, 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 mail, return receipt requested, or by overnight carrier to the addresses on this Agreement or such other addresses as one party may identify in writing to the other party. 10/4/00 Draft .10. 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. 'I'1. 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 prior 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. · !5. COMPANY SERVICE INFORMATION. Customers may contact Company regarding its invoice or services at Company's Customer Service Department by toll-free telephone at: '1 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 "Force 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, fire, 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. GENERAL 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 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 10/4/00 Draft (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. '! 8. TERM I NATION. 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. t 9. 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: [Name of Local Government Entity] 10/4/00 Draft By: Paul Proto, Chairman, Virginia Governmental Electricity Purchasing Association 0423:51139.1 534842v2 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 21, 2000 Item Number: 8.B.3.a. Subject: Transfer $2,492 from the Matoaca District Improvement Fund to Parks and Recreation Department to Install Fencing at Alberta Smith Elementary School County Administrator's Commen~: County Administrator: Board Action Requested: The Board is requested to transfer $2,492 from the Matoaca District Improvement Fund to the Parks and Recreation Department to install fencing at Alberta Smith Elementary School. Summary of Information: Supervisor Humphrey requests that $2,492 from the Matoaca District Improvement Fund be transferred to the Parks and Recreation Department to install fencing at Alberta Smith Elementary School. The fencing is needed to stop motorbikes and four-wheel drive vehicles from driving onto school property. The County is legally authorized to donate public funds to the Parks and Recreation Department to make capital improvements on County property for a public purpose. For information regarding the available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. Rebecca T. Dickson Attachments: Ycs r-]No Title: Director, Budget and Management 0423:5129].] THREE CENT ROAD FUND Thi~ application must be ~ted and signed before the County can consider a request for funding with Three Cent Road Funds. Completing end Mgning this form · doe~ not mean that you will receive funding or that the County c~- I~IMIy consider your request. Virginia law pltols sub41tantiM restriclton8 on the authority of the County to give publi= funds, suoh as Thru Cent Road Funds, to private persons or organizations and these restriotJons may preclude the County's Board of Supervisors from even considering your request. What is the name of the applicant (pm'son ,~ or organization) making this funding /~,/~' ~ . ~ ,'.. ("'? ///c:/', request? . ,,~ee~ If an organization is the applicant, what is the nature and purpose of the organization? (Also attach organization's most recant articles of incorporation and/or bylaws to application.) 3. What is the amount of funding you are 4. Describe in derail ~e Mnding request and ~ how th8 =on,v, if approved, will bp ,pent. 5. Is any Coun~ Department involved in ~e project, event or program for w~ch .you are seeking funds? 6. If this request for funding will not ~lly ~nd your ~vi~ or program, what o~er individuals or organiza~ons will provide ~e remainder of ~e ~ndlng? 0407:13380. ! Page 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 lttis funding request? What i8 the telephone number, fax number, e-mail address of the. applicant? Yas No Signature of applicant. If you ara signing on behalf of an organization you must be the president, vice-president, chairmen or vice- T~le (if signing on behalf of an organization} Printed Name/ ' '- 10/25/00 12:25 HURRICANE FENCE-* ?514486 N0.952 ool P.o. FAX (004) CHESTEPJIELD PARKS & RECS. Att~: IX)UG SA~YF~S OCT. 25, 2000 RE: ALBERTA SMITR ELE~. This conlm~ is subjKt to terms, covenants, and conditions on mveme s~e We propose to furnish and install 380' of ~' high c~ain li~ fence. New ~terial to consist of= 9 gauge chain lin~ fabric 2 1/2" O.D. terminal post 2" O.D, line post SS-¢0 1 5/8" O.D. toprail SS-40 All post set in concrete PRICE ............... $ 2,492.00 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 1 Meetin~l Date: November 21, 2000 Item Number: 8.B. 3.b. Subject: Transfer $3,300 in Matoaca District Improvement Fund Department to Purchase a Computer and Cell Phones Community Policing Office County Administrator's Comments: to the Police for Ettrick County Administrator: Board Action Requested: The Board is requested to transfer $3,300 in Matoaca District Improvement Funds to the Police Department to purchase a computer and two cell phones for the Ettrick Community Policing Office. Summary of Information: Supervisor Humphrey has requested the Board to transfer $3,300 to the Police Department to purchase a computer and two cell phones for the Ettrick Community Policing Office. The Board is legally authorized to give money to the Police Department for capital purchases which will serve a public purpose. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. Preparer: Rebecca T. Dickson Attachments: Yes Title: Director, Budget and Management 0423:51343.1 No DISTRICT IMPROVEMENT FUNDS APPLICATION This application must be completed and signed before the County can consider a request for funding with District Improvement Funds. Completing and signing this form does not mean that you will receive funding or that the County can legally consider your request. Virginia law places substantial restrictions on the authority of the County to give public funds, such as District Improvement Funds, to private persons or organizations and these restrictions may preclude the County's Board of Supervisors from even considering your request. What is the name of the applicant (person or organization) making this funding request? Colonel Carl R. Baker, Police Department If an organization is the applicant, what is the nature and purpose of the organization? (Also attach organization's most recent articles of incorporation and/or bylaws to application.) What is the amount of funding you are seeking? $3,300 Describe in detail the funding request and how the money, if approved, will be spent. This request is for 1 personal computer ($2,500) and 2 cell phones ($800) for the Ettrick Community Policing Office. (see attached letter) Is any County Department involved in the project, event or program for which you are seeking funds? ~ I~ '[~O,~~ 0407:23380.1 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? If applicant is an organization, answer the following: Is the organization a corporation? Is the organization non-profit? Is the organization tax-exempt? Yes No Yes No Yes No What is the address of the applicant making this funding request? Chesterfield County Police Department P.O. Box 148 Chesterfield, VA 23832 What is the telephone number, fax number, 804-748-1266 804-748-6025(fax) e-mail address of the applicant? Signature of applicant. If you are signing on behalf of an organization you must be the president, vice-president, chairman or vice- chairman of the organization. Signature Commander, Administrative Services Bureau Title (if signing on behalf of an organization) Louis W. Moore Printed Name 0407:23380.1 xS6 &IL t~SS 6~'0I Chesterfield County Police Department P. O. Box 148 Chesterfield, Vixg~ 23832 A~flOn ($04)74g-1266 Colonel Ca~t IL Baker Chief of Police Lt. Colonel Dem~ G. McDonald Deputy C.~ief Mrs. Penny Bush Humphrey Board of Supervisors, Matoaca Disu'ict P.O.Box 40 Chesterfield, Virginia 23838 Mrs. Humphrey; November 3, 2000 I have obtained the information on the equipment we talked about last Monday night at Etlrick Elementary School. I am pleased to tell you that we will be able to purchase thc cell phones and the computer staying under the $4,000.00 limiL The computer will be the most expensive piece of equipment costing approximately $2,500,00. Steven Wilson, Automation Coordinator for the police department, gave this figure to me. Steve said ~uld purchase a Dell Computer that is office ready and includes a fax/scanner/printer. This would enable the community police officers a~signed to the Village of Ettrick to receive and send e-mail as wall as tie into the police department's mainframe computer. They would also be able to send and receive fanes as well as copy a~d scan documents. We use this same system in the Meadowdale Commu~ty POlice Office and have had great success with it. We would also like to purchase two cellular telephones for the office in Ettrick. This would allow citizens to contact the community police officers assigned to th~ area as well as leave them messages on the voice mail systems included on the phone. Due to the phone lines, we have not been able to set up an answezing maahine system in the office. I have included a price sheet from Sun Corn Wireless Network and would recommend the $30.00 per month plan costing $720.00 pea' year to operate both phones. Included in this plan would be the telephones, which would be free, as welf'~e voice mail and several other options. SUn Corn does have towers in the area and service is available in all parts of Ettrick Village. Thank you very much for your monetary offer and your continued support of our community policing effort. Sincerely, Sergeant Clinton C. Schott Community Policing Supervisor-South District Chesterfield County Police Department CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~l Date: November21, 2000 Item Number: 8.B.4. Subject: Approval of Utility Contract for Stor-All Mini Warehouse - Contract Number 98-0134 County Administrator's Comments: County Administrator: Board Action Requested' Staff recommends that the Board of Supervisors approve this contract and authorize the County Administrator to execute any necessary documents. Summary of Information: This project includes the extension of 919 L.F.± of 12" oversized water lines, which encompasses 503 L.F.± of 12" of offsite water improvements. The Developer is required to have an 8" water line to serve his development. Staff has requested that the water lines be oversized to provide service to the adjoining properties. In accordance with the ordinance, the Developer is entitled to refunds for the construction cost of the offsite and oversized water lines. Developer: Contractor: Stor-All Ltd. H & B Construction Company, Inc. Contract Amount: Total Estimated County Cost: Water - Oversizing Water - Offsite Estimated Developer Cost Code: (Cash Refund District: Estimated Total - Preparer: Oversizing) (Refunds thru Connection Fees - Offsite) Matoaca Title: $35,285.00 $7,043.00 $1,582.35 $26,659.65 5B-572VO-E4C 5B-572WO-E4D Assistant Director Attachments: Yes [-'-] No CONTRACT NUMBER 98-0134 Harbour Pointe [~11 Street Road Proposed Stor- Ail Mini Warehouses # 98-0134 ~cr Run Drive STOR-ALL MINI WAREHOUSE ~00 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 21, 2000 Item Number: 8.B.5. Subject: Acceptance of a Parcel of L~nd A~jacent to the Public Safety Training Complex on Allied Road County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors accept the conveyance of a parcel of land adjacent to the Public Safety Training Complex from Honeywell International, Inc., and authorize the County Administrator to execute the deed. Summary of Information: Honeywell International Inc. has proposed to dedicate a parcel of land adjacent to the Public Safety Training Complex as shown on the attached map. Staff recommends accepting this dedication. District: Bermuda Preparer: C~~ 7~J. ~ John W. Harmon Title:Riqht of Way Manaqer Attachments: Yes No VICINITY SKETCH ACCEPTANCE OF A PARCEL OF LAND ADJACENT TO THE PUBLIC SAFETY TRAINING COMPLEX ON ALLIED ROAD HONEYWELL INTERNATIONAL, INC. (FORMERLY ALLIED-SIGNAL) PIN: 830648844300000 DEED BOOK 413 PAGE 128 PUBLIC SAFETY TRAINING COMPLEX PIN: 829644268800000 DEED BOOK 2190 PAGE 1457 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 21, 2000 Item Number: 8.B.6. Subject: Request Authorization for County to Enter Into a License Agreement with Robert K. White and Diane L. White County Administrator's Comments: County Administrator: BoardActionRequestsd: Staff recommends that the Board of Supervisors authorize the Chairman of the Board of Supervisors and County Administrator to execute a license agreement with Roger K. White and Diane L. White for the construction and maintenance of County drainage and sewer facilities. Summary of Information' On November 8, 2000, the Board of Supervisors adopted an ordinance vacating a portion of a 26' drainage and sewer easement across Lot 18, Antler Ridge, Section 4 because the White's house encroached into the easement. This ordinance was adopted subject to the White's entering into a license agreement to hold the County harmless from any claims for injury or damage to any person or property resulting from the construction, operation, maintenance, repair or use of the drainage and sewer facilities within the easement. Board approval is required for the license agreement. District: Matoaca Preparer: Jo--~n W. Harmon Title:Right of Way Manaqer Attachments: Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page i of i Meeting Date: November 21, 2000 Item Number: 8.B.7.a. Subject: Set a Public Hearing Date to Consider the Conveyance of Leases of Real Property at Various Park Sites and Athletic Complexes for Operation of Food Concessions by Co-sponsored Athletic Associations and Leagues County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to set a public hearing date of December 20, 2000 to consider the conveyance of leases of real property for operation of food concessions at various park sites. Summary of Information: In the past, the concession facilities have been operated by co-sponsored athletic associations or leagues that use the adjoining ballfields. Attached is a list of current concession facilities and leaseholders, as well as a request from Central Chesterfield Little League to operate the new concession building at Iron Bridge Park. Ail current leaseholders have expressed an interest in renewing their respective leases with the County. The term of the new leases will be January 1, 2001 - December 31, 2003. Mmchael S. Golden Director, Parks and Recreation Attachments: Yes No LONG TERM CONCESSION FACILITY LOCATIONS Lease Expiration: Decen%ber 31, 2000 LOCATION LEASEHOLDER Bensley Park Bird Athletic Complex Ettrick Park Goyne Park Harrowgate Park Iron Bridge Park Iron Bridge Park Iron Bridge Park Point of Rocks Park Manchester High School Matoaca Park Rockwood Park Robious Athletic Complex Woodlake Athletic Complex Warbro Complex Bensley Athletic Association Chesterfield Youth Softball Association Ettrick Youth Sports Association Chester Youth Sports Boosters, Inc Harrowgate Athletic Association Central Chesterfield Little League Chesterfield Baseball Clubs, Inc. Chesterfield Softball Association Enon Athletic Association Chesterfield Little League Matoaca Athletic Association Chesterfield Baseball Clubs, Inc. Huguenot Little League Midlothian Youth Soccer League Chesterfield Softball Association CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 3 Meetin~Date: November 21, 2000 Item Number: 8.B.7.b. Subject: Set a Public Hearing for Appropriation of Funds and Authorization to Enter VDOT/County Agreement for Two Separate Secondary Road Construction Projects County_ Administrator's Comments: County_ Administrator: Board Action Requested: The Board is requested to set December 20, 2000, as the public hearing date to consider the appropriation of funds for two separate secondary road highway projects. Summary ofinformatiou: When the Board approved the Secondary Road Six Year Improvement Plan on March 15, 2000, the Administrator was authorized to execute VDOT/County agreements for the design, right-of-way acquisition and construction of projects in the plan. VDOT has asked the County to assume the design, right-of-way acquisition and/or construction activities, at VDOT cost, for the Newby's Bridge Road (Walmsley to Hagood)reconstruction project and the Winterfield/Salisbury intersection improvement project in order to accelerate their construction. If the County assumes the responsibility for these projects, VDOT/County design/right-of-way/construction agreements, similar to those the County has executed in the past, will be necessary. Under the terms of the agreements, the County will perform the various activities and be reimbursed by VDOT. The estimated cost of the Newby's Bridge Road (Continued on next page) Preparer: Attachments: ~.J. McCracken Agen471 Title: Director of Transportation Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 Summary of Information: (Continued) design and right-of-way acquisition is approximately $6.1 million. The estimated cost of the design, right-of-way acquisition and construction of the Winterfield/Salisbury intersection improvements and signalization is approximately $770,000. Since the costs of the projects exceed $500,000, an appropriation public hearing is required. Recommendation: Staff recommends the Board set December 20, 2000, as the public hearing date to consider the appropriation of $6.1 million in anticipated VDOT reimbursements for the Newby's Bridge Road (Walmsley to Hagood) reconstruction project and $770,000 for the Winterfield/Salisbury Intersection Project. District: Clover Hill, Dale, Midlothian CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Meetino Date: November 21. 2000 Number Budoet and Management Comments: This request is to schedule a public hearing to consider the appropriation of $6,870,000 in anticipated VDOT reimbursement for the design, right-of-way acquisition, and/or construction for the Newby's Bridge Road (Watmsley to Hagood) reconstruction project ($6,100,000) and the Winterfield/Salisbury intersection improvement project ($770,000). VDOT has asked the County to assume these projects in order to accelerate the construction process. Staff has established a system for monthly monitoring of VDOT projects for which the County has assumed construction and design activities. Staff will closely monitor reimbursement activity for these projects to avoid potential cash flow issues for the County. Preparer: Rebecca T. Dickson Title: Director, Budget & Management NEWBY'S BRIDG RECONSTRUCTION 2 0 2 4 Miles , I WINTERFIELD & SALISBURY INTERSECTION IMPROVEMENT 0.6 0 0~6 1.2 Miles , I CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 3 Meeting Date: November 21, 2000 Item Nmnber: 8-B-7.c. Su~ect: Set Public Hearing Date to Consider the FY02 Enhancement Projects County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to set December 20, 2000, as a public hearing date to consider FY02 Enhancement Projects. Summary oflnformation: The Virginia Department of Transportation (VDOT) Enhancement Program is intended to creatively integrate transportation facilities into the surrounding communities and the natural environment. Projects eligible for funding include pedestrian and bicycle facilities, scenic easements, historic highway projects, landscaping, historic preservation, rehabilitation of historic buildings, preservation of railroad corridors, removal of outdoor advertising, archeological planning, and research and mitigation of pollution due to highway runoff. A $19 million per year statewide Enhancement Fund has been established for VDOT to carry out the program. Transportation Enhancement Projects are financed with 80% VDOT funds and a minimum 20% local match. The local match is usually provided from County funds, from others or by in-kind contributions. VDOT staff will evaluate project applications and make a recommendation to the Commonwealth Transportation Board for inclusion in the FY02-07 Virginia Transportation Development Plan. (Continued next page) Preparer: Agen473 Title:Director of Transportation Attachments: Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 Summary of Information: (Continued) The proposed FY02 Enhancement Projects (see Attachments A and B) are the same as those approved by the Board for FY01 with the following changes: Increase the estimated costs of the Cogbill Road Sidewalk Project at the School Board Facility, the Westfield Road Sidewalk, and the Hickory Road Sidewalk Project (Ravensbourne Drive to Woodpecker Road). Delete the Route 360 Landscaping Project (Turner Road to Courthouse Road) Phase II. This project has been completed. Add the Route 360 Streetlight Project (Old Hundred Road to Woodlake Village Parkway). Add the Spirea Sidewalk Project (Gordon School Road to Sunflower Lane). This project will provide sidewalks on one side of Spirea Road. Add Walton Park Sidewalk Project Phase II. This project will extend the sidewalk on the west side of Walton Park Road between Watch Hill to Walton Park Lane. Adjust the priority list to identify a priority project for each district. Each year the Board must reconfirm support for requested enhancement projects by adopting a resolution of support which guarantees the County will provide the local match. After discussions with VDOT representatives, staff is of the opinion that the County should limit the projects submitted for consideration. If the Board wishes to request enhancement funds for the top five proposed FY02 projects listed on Attachment A, a resolution of support must be adopted for these projects and the Board would need to designate funds for the local matches. Unless the Board directs otherwise, no other requests for funds will be submitted this year. The remaining projects will stay on the "Proposed Enhancement Project" list for the Board's consideration in the future. Recommendation: Staff recommends the Board set December 20, 2000, as the public hearing date to consider FY02 Enhancement Projects, and authorize the advertisement for that hearing. District: Countywide November 21, 2000 Agen473w/Attachments CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Meeting Date: November 21. 2000 Number Budqet and Mana.qement Comments: This request is to schedule a public hearing to consider the FY02 Road Enhancement Projects. Local matches are needed as follows: $80,000 for the Walton Park Sidewalk, Phase II project, $94,000 for the Cogbill Road Sidewalk (Meadowbrook HS to Meadowdale Library), $48,000 for the Point of Rocks Bike Trail, Phase I Project, $10,000 for Genito Road Street Lights Project, and $57,000 for the Halloway Avenue Sidewalk, Phase II Project. The balance in the FY01 General Road Improvements Account is $754,457. Staff recommends approval of the transfer of up to $289,000 from the General Road Improvements Account, subject to VDOT approval and match for these specific projects. Should these projects be approved by VDOT, the remaining balance in the General Road Improvements Account after the required County matches will be $465,457. Preparer: ( ~~4~' ~,-~'J'("'~ Title: Director, Budget& Management Rebecca T. Dickson CHESTERFIELD COUNTY PROPOSED FY02 ENHANCEMENT PROJECTS Priority Projects: Point of Rocks Bike Trail - Ph I of $1.3M Genito Road Streetlights - Fox Chase Lane to Watercove Road Cogbill Road Sidewalk - Meadowbrook HS to Meadowdale Library, Phase I of a $820,000 Halloway Avenue Sidewalk- Ph II of $1M project Walton Park Sidewalk, Phase II of a $1.1 M project Other Projects: Salem Church Road Sidewalk - Public Phase of $350K project Cogbill Road Sidewalk at School Board Facility Spirea Road Sidewalk - Gordon School to Sunflower Lane Chestedield Avenue Sidewalk Hickory Road Sidewalk - Ravensbourne to Woodpecker, Phase I of $1.2M project East River Road Sidewalk and Pedestrian Trail (RR RW to River) Westfield Road Sidewalk, Phase I of $1M project VSU Entrances Landscaping Route 10 Streetscaping (Courthouse Complex) - Ph II Route 10/I-295 Landscaping Route 360 Landscaping, Route 288 to Swift Creek Centre Street Streetlights Countywide Gateway Project Robious Road Streetlights, Phase I Route 360 Streetlights, Old Hundred to Woodlake Dutch Gap Conservation Area Trail and Pedestrian Bridge Pocahontas State Park Perimeter Trail Powhite Parkway/Route 288 Sight & Sound Barriers - Ph I Estimated Cost $240,000 $50,000 $470,000 $285,000 $40O,000 $76,000 $225,000 $5OO,00O $95,00O $400,000 $900,000 $500,000 $140,000 $670,000 $50,000 $70,000 $40,000 $220,000 $50,000 $200,000 $150,000 $340,000 $1,000,000 Local Match Appropriations $48,000 $10,000 $94,000 $57,000 $80,000 ATTACHMENT A Z O0 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meeting Date: November 21, 2000 Item Number: 8.B.8.a. Subject: Request to Install a Private Sewer Service Within a Private Easement to Serve Property at 11301 Gravier Road County Administrator's Comments: County Administrator: Board Action Requested' Staff recommends that the Board of Supervisors approve a request to install a private sewer service to serve property at 11301 Gravier Road and authorize the County Administrator to execute the sewer connection agreement. Summary of Information: Betty E. Watts has requested approval to install a private sewer service within a private easement to serve property at 11301 Gravier Road. This request has been reviewed and staff recommends approval. District: Clover Hill Preparer: ~ o~~w · Harmon Title:Right of Way Manaqer Attachments: Yes No VICINITY SKETCH REQUEST TO INSTALL A PRIVATE SEWER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY AT 11301 GRAVIER ROAD 1 WESTBUR 2 WESTBURY RIDGE CT 'W MAP SHOWING A PROPOSED PRIVATE 10 FT. SEWER EASEMENT THROUGH A PARCEL OF LAND ADJACENT TO LOT 58, BLOCK N OF LAKE GENITO, SECTION C, IN CLOVERHILL DISTRICT OF CHESTERFIELD COUNTY, VIRGINIA. NOTE: Information reflected on this plat has been taken from a plat prepared bi! Barton-Corso & Associates, Ltd., Certified Land Surveyors, dated August 23, 1978~ recorded in Deed Book 1375, Page 819. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 21, 2000 Item Number: 8.B.8.b. Subject: Request for Permission to Install a Private Sewer Service Within a Private Easement to Serve Lot 37, Jessup Farms, Section C County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends approval subject to the execution and recordation of an agreement acceptable to the County Attorney. Summary of Information: Jessup Farms, L.C., has requested to extend a private sewer service across Lot 36, Jessup Farms, Section C, to serve a proposed new residence on Lot 37, Jessup Farms, Section C. This request has been reviewed by staff and approval is recommended. District: Dale Preparer: ~---.~~ 7~J.~-~, ~..~.~,~-~ John W. Harmon Title:Right of Way Manaqer Attachments: Yes No OOK FAIRP~NES / / / TRAI 40 0 40 80 Scale 1"= 40' 120 N--J, 685, 65J. 74 E-- ! 1,768,997.66 Jessup Forms, SecUon "C '~, 16' Sewer £osement (P.s. 1o6 Lot 34 / LOT36 252. 40' to the NiL of Hockne ?erroce LOT3$ Kenneth ~. & A. K/esmon 5152 N--J, 685,832.85 1,769,207. 14 Pg. 711 Lot 51 100 Yeor Flood Pie/rtL/mits of F/eld De//ne~ted 25' Wet/ends ~:etbock 50' Per/meter Yard Jessup Forms, 5148 Hackney Rood 769685107600000 D.B. J J J7 Pg. 79 tO' 'W ,, ,~ L~46.50 ' Variable Width VDO? Sight Distance Easement end Var/able Width S~znitory Sewer £osement (P.B. 106 P9.25,26) Plat Showing A Variable Width Sewer Easement and A fO' SewerEasement (P#vate)Across Across LOT 35 and LOT36, SECT/ON C, JESSUP FARMS DATE: October 16, 2000 Dale District SCALE: 1"=40' Chesterfield Coutny, Virginia JOB NO: C0010805 File nome: d: \ CO010000 \ CO010805 \ cO010805 · PLANNERS · ARCHITECTS. ENGINEERS · SURVEYORS- 1208 Corporote Circle· Roanoke, Virginia 2~018 * Phone (540) 772-g .SpO · Fax (540) 772-8050 11058 Lakeridge Parkwey · Suite I · Ashland, Virginia 25005 · Phone (80~)550--288~ · Fax (804) 550--2057 Jessup Forms, Section "C. Lot 57 10' £osement end StreeUight £osement ~(P.B. 106 P9.25,26) AND ~,S$OCIATE$ INC. REFLECTIN(~ TOMORROW CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 21, 2000 Item Number: 8.B.8.C. Subject: Request Permission for Asphalt Driveway to Encroach Within a Variable Width and Sixteen Foot Drainage Easement Across Lot 4, Gravity Hill at the Grove, Section 1 County Administrator's Comments: County Administrator: Board Action Reques~d: Staff recommends that the Board of Supervisors grant Parker & Lancaster Corporation permission for an asphalt driveway to encroach within a variable width and 16' drainage easement across Lot 4, Gravity Hill at the Grove, Section 1; subject to the execution of a license agreement. Summary of Information: Parker & Lancaster Corporation have requested permission for an asphalt driveway to encroach within a variable width and 16' drainage easement across Lot 4, Gravity Hill at the Grove, Section 1. This request has been reviewed by staff and approval is recommended. District: Midlothian Harmon Title:Right of Way Manager Attachments: Yes No VICINITY SKETCH REQUEST PERMISSION FOR ASPHALT DRIVEWAY TO ENCROACH WITHIN A VARIABLE WIDTH AND SIXTEEN FOOT DRAINAGE EASEMENT ACROSS LOT 4, GRAVITY HILL AT THE GROVE, SECTION 1 JUL-O?--00 09 ' 28 PI'I ..fO ::'H. COY, ,~ RSSOC ! ~TES 8848 P-02 LoT ~ AREA TO BE LICENSED /14 F'F: Z. 7¢, ~ Parker & Lancaster Corp 1000 Gravity Hill Road Pin # 728-701-8465-0000t} DB. 3689 PG. 391 LO'T + Joseph, Cox & Associates, Inc. 1909 Hu~aot R~ad, Suit, 201, ~chm~nd,VA 23235 ~04) 750.1800 fax C~ ENG~E~O ~ S~~G CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of t Meeting Date: November 21, 2000 Item Number: 8.B.9. Su~ect: Conveyance of an Easement to Virginia Electric and Power Company County Administrator's Comments: County Administrator: Board Action Reques~d: Authorize the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company to install power lines to provide service to the new Police and Fire Training Facility, located on Allied Road. Summary of Information: Staff recommends that the Board of Supervisors authorize the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company to install power lines to provide service to the new Police and Fire Training Center, located on Allied Road. District: Bermuda Preparer:~w.~ 7~J · Harmon Title:Riqht of Way Manager Attachments- Yes No VICINITY SKETCH CONVEYANCE OF AN EASEMENT TO VIRGINIA ELECTRIC AND POWER COMPANY Hov O! O0 03:52p --' .-,,- p.2 The County of Chesterfield, Vi rg inia PROPERTY OWNER: HONEYWELL INTERNATIONAL, Inc. o Delaware Corporation By name change with ALLIED SIGNAL, Inc., a Delaware Corporation By: William A. Wulfsohn Vice- President/Oeneral Manager Nylon Products and Services Legend Location of Boundary Lines of Right-of-Way 20' -- ¢~-~lndicates Property Line is Right-of-Way Boundary 20' Page 5 of 5 20'1 .., Plat to Accompany Right-of-Way Agreement VI~T4;INIA POW£I'~ Virginia Electric and Power Company U(~ District PETERSBURG District-Township-Borough County-City State Ber~udc~ Che$t;erF'ietd Virginia Office Plat Number Peter'sbur9 02-00-0083 Estimate Number ~/R I¢ P03587 Date By Grid Number H-0440 i zo z~- · ~bO CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: November 21, 2000 Item Number: S.B.10. Subject: Request for a Permit to Stage a Fireworks Display on the James River Near Dutch Gap on December 9, 2000, with a December 10 2000 R~in Date ' County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to approve a permit to stage a fireworks display on the James River near Dutch Gap on December 9, 2000, with a December 10 rain date. Summary of Information: The Chesterfield County Parks and Recreation Department has requested permission from the Board of Supervisors to stage a fireworks display in conjunction with the Parade of Lights on December 9, 2000, with a rain date of December 10. The Parade of Lights is a regional Holiday Season event which has been held annually for several years by Richmond, Chesterfield and Henrico. This is the first year that fireworks are planned as part of the Parade. The event involves a parade of boats illuminated with seasonal decoration processing down the James River through each of the three localities. The parade ends at the Varina-Enon Bridge. There will be viewing stations for the Parade at Henricus Park and the Dutch Gap Boat Landing, and the fireworks will be set off from a barge in one of the channels of the James River, near Dutch Gap. Steven L. Micas Attachments: Ycs Title: County Attorney 0505:51381.1 Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA November 21, 2000 Item Number: Page 2 of 2 The fireworks supplier, Dominion Fireworks, Inc., has obtained a liability insurance policy naming the County of Chesterfield as an additional insured party in the amount of $2,000,000, which has been approved by Risk Management. Lt. James R. Picardat of the Fire Prevention Bureau reviewed this fireworks request and indicated that it meets the criteria under the Fire Prevention Code. 0505:51381.1 Application for Fireworks Display (Print or Type All Information) Date of Application: Event Name:, Time of Fireworks: G: 6>0 P~{ Event Location: Rain Date: Shooting site/Display area: (include map) Sponsoring Organ ,,at on: Z/ Person In Charge of Event: - ~-t~ xS",~/~/E Mailing Address: ~.tg. ~'~h" ~"0 CiW: ~A&5 ~e ~/ State: .,,, ~ Zip: Work Phone:' ~ - //3 / Home Phone: Person Coordinating Fireworks: (for the sponsor) Mailing Address: City: Work Phone: State:~ Zip:. Home Phone: Work Phone: Shooters Name: State: Zip: d After Hours:/- 7o° g Company Responsible for Shooting: Mailing Address: ci,: Note: 1. 2. 3. Date: Attach a list of fireworks to be used in the display. Attach a copy of the certificate of insurance. Include a site drawing noting disch .arge site, spectator viewing area, parking, and any nearby structures. Should you have any questions, call the Fire and Life Safety Division at 748-1426. Remm application to: Chesterfield Fire Department Fire and Life Safety P. O. Box 40 Chesterfield, VA 23832 //17/~>0 -Applicant's Signature: Print Name: / (office use only) Site suitable for display pending County Attorney and Board of Supervisors approval. Site unsuitable. Fire O ~c'~~"'c'~----c~'~/ /f~ f7/z~/~/4/~ate: Event Representative: Date: Exit-62 Landing l/l°°~es Lake , OLD STAGE IND CTR DR Dutch RI FER Park /S/AND lattlefield ~.~Park Brady Exit-61 DA Lake Richmond ?o Petersburg7 VA GRID 2.320,000 Joins Map 29 HARBOR 808 77°22'30' muda GC 2.330,000 FT Britton-Gallagher &Assom 6240 SOM Center Rd. Cleveland, OH 44139-2985 440-248-4711 DOH[H[ON F[EE~)0EKS hi PAG£ 02 THIS CERTIFICATE iS ISSUED AS A MA~ER OF INFORMA~)N ONLY AND CONFERS NO RIGHTS U~N THE CER~FICATE ALTER THE COVE~GE AFFORD~ BY COMFA~ES AFFORDINe C~PANY A Lexi~ton Insurance Co. COMPANY Dominion Fireworks, InC, B Granite ~ate Ineurance Co. P. O. Box 3015 f Petersburg VA 23805 1 . C I I COMPANY THiS ~S TO CERT~Y ~aT ~E ~UC~ES OF ~NSU~CE UST~ BELOW HAVE ~ ~UED TO THE INSU~D NAMED ~VE ~R ~E ~L~ iNDICATED. NO~H~NDiNG ~Y REQUtREM~T, TERM OR CONDITION OF ~Y CONTRACT OR O~N~ D~UM~T WITH R~ECT TO WHICH CE~iF~CATE MAY BE I~U~D OR ~Y P~AIN, ~E INSU~NCE ~FO~ ~Y THE ~LIC~ES OESC~E~ H~EIN 18 ~ TO A~ THE ~CLUSIONS ~D COND~S OF SUCH ~LICIES. UMITS SHOWN ~Y HAVE BE~ R~UC~ BY RAIO TYt~ OF INIUIMN~I ANY AU,. OWNED AUTOS t$CH~EO AUTO HII'~ D AUTOS NON-OWNED AUTO8 ,&l~lUdl UAIL,'TV ANY AUTO WOl~ll THI~ ~IOPNITOI~ PAR?N~q~/T~X gC UTIVE OFFICERS 401&023 Blind 118:380 s~o993 ..... I~T~GFC'~TIONS/L0,~TI~I/V'~I/II~JT~M8 ADDITIONAL DATE: 12/09/00 #2 HENRICO COUNTY, RAIN DATE, 12/10/00 FOU~Y Eqqt.'qWl 3123/O0 3t23t00 3123/00 IPOLk~Y P. Xlqib~TtOid 3123f01 312310! 312,3101 GENI!RAL AGGREGATE llfl0OUCT~ · K~RSON~t. & AC)V EACH OCCURRENCE uMrr$ 1~0~0 AUTO ONLY - EA ACCIDI~ OTHER THAN AUTO ONLY: INSURED #1 CHESTERFIELD COUNTY,VA. VA. #4 OWNER HATCHERS ISLAND ~5 TRIDENT MARINE ,~..0_~,.0~: JAM~S. R..I~E,~ (~STE.RFIELD/H~NRICO .,C.._OUN~VA~.~BF~,TWEEN DUTCH .CAP&HEN~ICt CHESTERFIELD COUNTY PARKS & RECRP, ATION ~ ~Y M ?Ne ~ove ~ ~l ~ Gaa~--~.Lr,. IU~eI P.O BOX 40 CHESTERFIELD,.VA 23832 000,50 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 21, 2000 Item Number: 10. Su~ect: Status of General Fund Balance, Reserve for Future District Improvement Fund, and Lease Purchases ,County Administrator's Commen~- Capital Projects, County Administrator: Board Action Requested: Summary of Information' Attachments: Yes Title: County Administrator BOARD MEETING DATE 07/01/00 CHESTERFIELD COUNTY GENERAL FUND BALANCE November 16, 2000 DESCRIPTION FY2001 Budgeted Beginning Fund Balance AMOUNT BALANC!~ $32,244,700 *Pending outcome of FY2000 Audit Results CHESTERFIELD COUNTY RESgRVE FOR FUTURE CAPITAL PROJECTS TRADITIONALLY FUNDED BY DEBT November 16, 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 (150,000) 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 0oo,ooo) 02/23/2000 Transfer to Coalboro Road Extended Project for construction in conjunction with Vulcan Materials Company 05o,ooo) 04/12/2000 Transfer for Ecoff Avenue Land Acquisition for recreational and athletic facilities (250,000) 05/22/2000 Release designation for FY2000 mad projects local match not approved by VDOT: Point of Rocks Road Bike Trail, Phase I Centre Street Strcetlight 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 &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 0 0 0 0 0 0 Prepared by Accounting Department October 31, 2000 SCHEDULE OF CAPITALIZED LEASE PURCHASES Date Began APPROVED AND EXECUTED Description 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,~53,58~ $19,008,607 PENDING EXECUTION Description Telephone System Upgrade - Lease Purchase Approved September 13, 2000 Budding 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 Meetin~l Date: November 21, 2000 Item Number: [4. Subject: Resolution Recognizing Ms. Rada Ellen Owen County_ Administrator's Comments: County Administrator: Board Action ReQuested: Adoption of the attached resolution Summary. of Information: Mr. Warren requested that the fellewin~ reselutien ~e ade~te~. This resolution is in recognition of Ms. Rada Ellen ~wen's athletic achievements in representing the United States in the 2000 Olympics iN Sydney, Australia. Donald J. Kabel ' ~? ( Title: Director. Public Affairs Attachments: Yes [---] No RECOGNIZING OLYMPIAN RADA ELLEN OWEN WHEREAS, Ms. Rada Ellen Owen is a 1996 graduate of Manchester High School; and WHEREAS, Ms. Owen went on to win multiple All-America honors at Auburn University; and WHEREAS, Ms. Owen represented the United States in the 2000 Olympics in Sydney, Australia; and WHEREAS, Ms. Owen competed in the 200 meter freestyle and 800 meter freestyle relays; and WHEREAS, this status, along with her diligence and spirit, have brought honor to Chesterfield County; and WHEREAS, such distinction is worthy of recognition by this Board and by the citizens of Chesterfield County, Virginia. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Ms. Rada Ellen Owen for her athletic ability and her achievements on a national and international scale, and wishes her well in her future endeavors in swimming and her other career and athletic endeavors. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Ms. Owen and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: November 21, 2000 Item Number: 16.A. Subject: Public Hearing to Consider Proposed Charter Amendments County Administrator's Comments: Board Action Requested: The Board of Supervisors is requested to hold a public hearing on proposed Charter amendments. Summary of Information: This time has been set for a public hearing to consider proposed Charter changes to be taken to the 2001 General Assembly. A list of the proposed Charter changes is as follows: Amend sections 2.1, 4.2, 5.1, 6.7, 7.4, 7.6, and 7.7 of the County Charter to replace all references to state law under Title 15.1 of the Code of Virginia, with the equivalent reference under Title 15.2 of the Code of Virqinia. The 1997 General Assembly repealed Title 15.1 and enacted Title 15.2 on December 1, 1997. The purpose of the proposed amendments is to revise the County Charter so that it reflects Title 15.2. If enacted, the proposed amendments will not result in any substantive change to the County Charter. If the Board votes to approve these changes, the 2001 General Assembly must approve the Charter changes by a 2/3 vote for the changes to be incorporated in our Charter. Preparer: Steven L. Micas Title: County Attorney 1222:51240.1(51155.1) Attachments: Yes ----]No AN ORDINANCE TO AMEND TIlE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 2.1, 4.2, 5.1, 6.7, 7.4, 7.6 AND 7.7 OF THE CHARTER BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 2.1, 4.2, 5.1, 6. 7, 7. 4, Z 6 and Z 7 of the Charter of the Code of the Coun~ o_f (..:hesterfield, 199 7, as amended are amended and reenacted to read as follows: § 2.1. General grant of powers. The powers set forth in title 15.1 15.2 of the Code of Virginia and all other powers which are now or may be conferred upon or delegated to counties under the Constitution and laws of the Commonwealth and all other powers pertinent to the conduct of a county are hereby specifically conferred upon the County of Chesterfield, and no enumeration of particular powers in this charter shall be held to be exclusive but shall be held to be in addition to this general grant of powers. The scope of all powers conferred by this charter shall be liberally interpreted so as to best effectuate the responsibility of the board of supervisors to perform its duty to govern the county. § 4.2. Duties and responsibilities. The county administrator shall have all the responsibility and shall carry out all the duties prescribed by § 15. I- 117 15.2-407 of the Code of Virginia, as now and hereafter may be amended and in addition, such other duties and responsibilities as may be established by the board of supervisors. O O §5.1. Fiscal year. The fiscal year of the county shall begin on the first day of July of each year and shall also constitute the budget and accounting year. Except as provided for in this charter, the provisions of title 15.1 15.2 of the Code of Virginia shall control the preparation, consideration, adoption and execution of the budget of the county. §6.7. Department of police. The police department shall be composed of a chief of police and such officers, patrolmen and other employees as the board of supervisors may determine. The powers and duties set forth in § 15. I- 13 § §§ 15.2-1704 and 15.2-1710 of the Code of Virginia shall apply to the police force. The chief of police shall be responsible for the immediate direction and control of the department. The chief shall solely, within his discretion and subject to the other provisions herein, select, employ, promote, and terminate such officers, patrolmen and employees. He shall also select, employ, promote and terminate the animal warden and his deputies, provided that all other provisions of {}3.1-796.104 of the Code of Virginia remain in effect. The chief may adopt rules and regulations for the police department in the same manner as rules and regulations are adopted for other departments. 0 0 0 § 7.4. Planning department. The planning department shall be composed of a director of planning and such employees as the board of supervisors may determine. The planning department shall perform such responsibilities as are imposed by general law and as may be assigned by the planning commission and board of supervisors. The director of planning shall have immediate direction and control of the department, shall be appointed by the county administrator and shall serve subject to the same terms and conditions as are applicable to other department heads. In addition to the authority granted to the board of zoning appeals pursuant to §, ~,. ,--,~J~ 15.2-2309 of the Code of Virginia, the board of supervisors by ordinance may authorize the director of planning to grant a variance of not more than two (2) feet from any building setback requirement contained in the county's zoning or subdivision ordinance if he finds in writing; (i) that the strict application of the ordinance would produce undue hardship; (ii) that such hardship is not shared generally by other properties in the same zoning district and in the same vicinity; and (iii) that the authorization of such variance will not be of substantial detriment to adjacent property and that the character of the zoning district will not be changed by the granting of the variance. §7.6. Substantial accord review of county facilities. Any public area, facility or use owned by the County of Chesterfield within its territorial limits which has been approved by the board of supervisors following a public hearing held pursuant to the county's zoning ordinance shall be exempt from the requirement for submittal to and approval by the county's planning commission or governing body under § 15.1-456 15.2-2232 of the Code of Virginia, so long as such public area, facility or use remains subject to the requirements of the zoning ordinance. {}7.7. Transportation improvement districts. The board of supervisors may create transportation improvement districts relating to interstate, primary and secondary roads in commercial or industrial areas, subject to the procedures, conditions and limitations provided in,,,,,[,~,-' ............ ~,...~ ,,~'~:~',,~ ~,~.~ ~ ~ chapter 47 of title 15.2 of the Code of Virginia, to the extent that such procedures, conditions and limitations are not inconsistent with the authority granted by this section. The provisions of § § I.,., -, o u, ,~,,u 15.1- 1371 15.2-4526 and 15.2-4533 of the Code of Virginia shall apply, mutatis mutandis. The petitions required to create or enlarge a district must be signed by fifty-one (51) percent of the owners of land within the proposed district. Each district which may be created shall include only one (1) highway project, and the boundaries of one district may not overlap those of any other district. (2,) That this ordinance shall become effective immediately upon adoption. 1222:51155.1 An Affiliate of Media Genem~ Advertisi ng Affidavit {This is not a bill P~ease pay from invoice) P~ O, Box 85333 Richmond, Virginia 23293~0001 (804) Date t 2000 t 2 TAKE N©Ti[C'IF~TAKE N'QT[CE THAT P![ FRR[ IA MT TC 2.00 x ~2_00 Date ATTACH Media General Operations, )nc. Publisher of THE R)CH~OND This is to certify that the attached TAK[~ was published by Richmond Newspapers, State of Virginia, on the fo~]owing dates: 11/10/2000 The first insertion being given Sworn to and subscribed before me this Su TH~S l$ NOT A . PL~SE PAY FRO~ )NVO]CE. THANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 3 Meeting Date: November 21, 2000 Item Number: 16 .B. Subject: Public Hearing to Consider the Tax Exemption Request of the Kiwanis Club of Chester, Inc. Foundation County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached Resolution recommending that the Kiwanis Club of Chester, Inc. Foundation be exempted from local real estate taxes. Summary of Information: The Board set a public hearing for this date to consider adoption of a resolution recommending to the General Assembly that property owned by the Kiwanis Club of Chester, Inc. Foundation be exempted from real estate taxes. Under the Virginia Constitution, non- profit organizations seeking an exemption from local real state 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 Kiwanis Club of Chester, Inc. Foundation is a non-stock, non- profit corporation which provides public service to underprivileged citizens of Chesterfield County, as well as scholarships to graduating seniors of Chesterfield public schools. The Kiwanis Club of Chester, Inc. Foundation has recently acquired property ~.~,~~. ~ (Continued)~ Preparer: . ~(~_~ Title: County Attorney Steven L. Micas 1222:5!219.1(51221.1) Affachments: Yes I I No I I CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 Meeting Date: November 21, 2000 Item Number: located at 12321 Richmond Street, Chester, Virginia 23831, Block G- 2, Chester, County Tax Map Number 7916530773. The Kiwanis Club of Chester, Inc. intends to build and maintain a community park on the property for the use and benefit of the general public. The Kiwanis Foundation is currently working with the County Extension Service on the design of the proposed community park. (See Attached Map) 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. The Code of Virginia sets forth a number of factors the Board is required to consider before it makes an exemption recommendation to the General Assembly. These factors are listed in the attached resolution. The Kiwanis Club of Chester, Inc. Foundation has supplied the County with information indicating that: The Kiwanis Club of Chester, Inc. Foundation is exempt from federal income taxation pursuant to Section 501(c) (3) of the Internal Revenue Code of 1986. The EI Number is 54-1926703. No current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to the Kiwanis Club of Chester, Inc. Foundation for use on the organization's property. o No director of the Kiwanis Club of Chester, Inc. Foundation, is paid any compensation for service in such position with the corporation. No part of the net earnings of the Kiwanis Club of Chester, Inc. Foundation, inures to the benefit of any individual. (Continued) 1222:51219.1(51221.1) CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Meeting Date: November 21, 2000 Item Number: o The Kiwanis Club of Chester, Inc. Foundation provides services for the common good of the public. No part of the activities of the Kiwanis Club of Chester, Inc. Foundation, involves carrying on propaganda or otherwise attempting to influence legislation. The corporation does not participate in, or intervene in, any political campaign on behalf of any candidate for public office. The Kiwanis Club of Chester, Inc. Foundation has no rule, regulation, policy or regulation which discriminates on the basis of religious conviction, race, color, gender or national origin. o This year the above-mentioned property is assessed at a value of $60,000 and generated $684.00 in County real estate tax. In 1999, the property generated $684.00 in County real estate tax. Based on this information, the Kiwanis Club of Chester, Inc. Foundation would qualify under Virginia law as an organization which may receive a local tax exemption. 1222:51219.1(51221.1) Scale: 12217 53 12132 12225 4813 12233 12241 76 6O70 359 4822 12316 358 5715 12324 6441 r.,'cel Map of Chesterfield Cutmty 12317 357 65O8 12332 Chesterfield County assumes no legal respomibility for the infonmtion contained on this map. This rmp is not to be used for land conveyance. The horizontal data is based on the VA State Plane Coordinate system, NAD 1983. The topographic information is based on 1989 photograrrrnetry and NAVD29. 100 0 100 200 Feet 12140 12148 41 2144 3901 42 3921 RR 3813 3931 78 78A 97 7334 12325 90 7757 12316 98 12333 12324 149 oo10 12401 142 1224 12400 143 2118 12408 3923 144 12416 136 3735 12409 128 4158 3901 Printed by: Engineering Date: Mon Oct 16 11:19:33 2000 N 129 4,950 12310 137 12417 12217 38 Ecz41 12225 123OO 12311 138 12425 130 5744 12421 139 6214 12433 131 6636 12429 7OO7 12437 7428 12435 Copyright 2000. Chesterfield Coulmty AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA, ON NOVEMBER 21, 2000 RESOLUTION SUPPORTING THE DESIGNATION OF PROPERTY OF THE KIWANIS CLUB OF CHESTER, INC. FOUNDATION AS EXEMPT FROM TAXATION BY THE GENERAL ASSEMBLY OF VIRGINIA WHEREAS, Kiwanis Club of Chester, Inc. Foundation is a non-stock, non-profit corporation which provides public services to underprivileged citizens of the County, including scholarships to graduating seniors of Chesterfield County Public Schools; and WHEREAS, Kiwanis Club of Chester, Inc. Foundation owns real property located in the Bermuda Magisterial District of Chesterfield County, Virginia at 12321 Richmond Street in Chester; and WHEREAS, real property used exclusively for public park and playground purposes by a qualifying organization shall be exempt from taxation as authorized by Article X, Section 6(a)(6) of the Constitution of Virginia, upon action by the General Assembly of Virginia and so long as such organization is operated not for profit and the property so exempt is used in accordance with the purpose for which the organization is classified; and WHEREAS, the Board of Supervisors of Chesterfield County, Virginia has considered the following factors before the adoption of this resolution in support of the tax exempt status of the Kiwanis Club of Chester, Inc. Foundation as follows: 1. The Kiwanis Club of Chester, Inc. Foundation is exempt from federal income taxation pursuant to Section 501(c) of the Internal Revenue Code of 1986. 2. No current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to the Kiwanis Club of Chester, Inc. Foundation for use on the organization's property. 3. No director or officer of the Kiwanis Club of Chester, Inc. Foundation is paid any compensation in excess of the value of the services performed in such position with the corporation. 4. No part of the net earnings of the Kiwanis Club of Chester, Inc. Foundation inures to the benefit of any individual. 5. The Kiwanis Foundation, Inc. provides services for the common good of the public. 6. No part of the activities of the Kiwanis Club of Chester, Inc. Foundation involves carrying on propaganda or otherwise attempting to influence legislation. The corporation does not participate in, or intervene in, any political campaign on behalf of any candidate for public office. 7. The Kiwanis Club of Chester, Inc. Foundation has no rule, regulation, policy or practice which discriminates on the basis of religious conviction, race, color, gender or national origin. 8. This year the above-mentioned property is assessed at a value of $60,000 and generated $684.00 in County real estate tax. In 1999, the property generated $684.00 in County real estate taxes. THEREFORE, be it resolved by the Board of Supervisors of Chesterfield County as follows: 1. That this Board supports the request of the Kiwanis Club of Chester, Inc. Foundation for exemption from taxation of its real property pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia and the provisions of Chapter 36 of Title 58.1 of the Code of Virginia, 1950, as amended, and that such exemption should be categorized as public park and playground. 2. That the County Administrator is directed to forward a certified copy of this resolution to the Kiwanis Club of Chester, Inc. Foundation, so that they may request that legislation be introduced in the 2001 General Assembly to achieve the purposes of this resolution. 3. The effective date of this resolution shall be November 21, 2000 On motion and second to adopt resolution, motion was carried by the following recorded vote: Ayes: Nayes: Absent: Warren, Humphrey, Barber, McHale, Miller None None Arthur S. Warren Chairman of the Board of Supervisors Lane B. Ramsey County Administrator 1222:51221.1 i An Affiliate of Media Genera~ Adve~tisin9 Affidavii (This is not ~ bill P~e~se pay from ~nvoice) P.O. ~o× 85333 Richmond~ Vircma 23293-0001 (804) 649=6000 Code Descriptio Ad Size t 1/14/20()0 121 TAKR NOT [CETAKF NI(2~TICR THAT THE -R©AR D O 2 00 x ATTACH HERE Media General Operations, Inc. Publisher of THE RICHMOND TIMES-D~SPATCH This is to certify that the attached TAKE N©TfCETAKR NOT[Cf was Published by Richmond Newspapers, inc, in the City of Richm~d, State of Wrgin~a, o~ the fo~in9 ~ates: tl t4/2000 Sworn to and subscribed ~fore lblic Su TH~$ IS NOT A BiLL PL~SE PAY FRO iCE. THANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page t of 1 Meeting Date: November 21, 2000 Item Number: 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 December 20, 2000, at 1:30 p.m. for a joint work session with the School Board to be held in the Public Meeting Room. Lisa H. Elko Attachments: [-~ Yes Title: No Clerk to the Board