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04-13-2005 PacketCHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 13, 2005 Item Number: 2. Subiect: County Administrator' s Comments County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Mr. Randy Dillard, Area Manager update the Board members on Chesterfield County. for External Affairs for enhancements to Verizon's Verizon will network in Preparer: Lisa Elko Title: Clerk to the Board Attachments: Ycs No 00000~. VERIZON FTTP PRESENTATION CHESTERFIELD COUNTY BOARD OF SUPERVISORS APRIL 13, 2005 PRESENTED BY Randy Dillard Verizon Area Manager External Affairs Table of Content I. Fact Sheet - The Technology: Fiber to the Premises (FTTP) II. Fact Sheet - The Services: Verizon FiOS III. FTTP Architecture IV. What Others Are Saying About Verizon's FTTP Deployment and FiOS Services News Release - Verizon Brings Blazing - Fast Computer Connections to Leesburg, McLean, Springfield Area Customers VI. Signage- Upgrading Your Service VII. Ivy H. Smith Company Letter- Notification VIII. Signage- Verizon FiOS Installed Here IX. Ivy H. Smith Company Letter-Completion X. Homeowner Memo XI. Article byTom Whipple verizg_n FACT SHEET The Technology: Fiber to the Premises (FTTP) Fiber to the Premises Fiber to the Premises (FTTP) refers to Verizon's new network that will utilize fiber-optic cables and associated optical electronics instead of copper wire to connect a customer to the Verizon network. Fiber-optic systems have been used in telecom networks for years, but primarily in the long-haul or inter-city portions, as well as directly connecting some large-business customers that have heavy data transfer needs. How does it work? Fiber-optic cables consist of bundles of hair-thin glass strands. Laser-generated pulses of light transmit voice, data and video signals via the fiber at speeds and capacities far exceeding today's copper-cable systems. What will it do? Serving primarily residential and small-to- medium-sized business users, FTTP will provide voice service and associated features while offering nearly unlimited bandwidth for an array of data and video applications. It will also accommodate new broadband products and services not possible with today's network. Installation Types · Greenfield - New building construction will feature FTTP where possible, instead of initially installing copper phone lines. Overlay - Involves installing new fiber to replace existing copper-wire networks on a market-by-market basis, with fiber mn to the home or small-to-medium-sized business based on market demand. Equipment Features Optical Line Terminals - Located in Verizon's central switching office, this equipment serves as the point of origination for FTTP transmissions coming into and out of the national Verizon network. Optical splitters/splitter hubs - A focal point for the main fiber feed in a neighborhood or development, where the optical signals from a fiber link are split off to serve multiple customers over individual strands of fiber. Optical Network Terminals - The termination point for fiber at the home or business, where the optical signal is converted into voice, data or video feeds to equipment in the customer's premises. A battery backup will provide power for voice service during any loss of commercial power. FTTP advantages · Fiber technology provides nearly unlimited bandwidth, as much as 20 times faster than today's fastest high-speed data connections. FTTP provides more reliable service that is less susceptible to inclement weather and easier to maintain. Verizon can monitor the performance of the network and make repairs prior to customers noticing problems. · The new technology enables a wide variety of uses, from interactive content and home shopping to telecommuting to telemedicine and audio/video on demand. FTTP is easier to maintain and extremely flexible to customer preference - new products and services can be activated remotely, either permanently or on demand. FTTP provides a "blank canvas" for technology innovators at Verizon and elsewhere to create the tools and uses of FTTP for the burgeoning broadband economy. [Verizon customers looking for updated information on Verizon's FTTP initiative should visit www. verizon, net/fiber to check for regular updates.] FiOS FACT SHEET The Services: Verizon FiOS veri Introducing Verizon FiOS Internet Service. It's the next generation in broadband. Verizon FiOS (FYE'-ose) is the new suite of fiber-optic services over FTTP, an advanced fiber-optic technology that can be used to connect a home or business directly to Verizon's network. Fiber-optic systems use strands of glass fiber and laser-generated pulses of light to transmit voice, data and video signals at speeds and capacities far exceeding today's systems. This new network will have greater reliability and lower maintenance costs. By deploying fiber to homes and businesses in our territory, Verizon is reinventing its wireline business. FiOS leapfrogs competitors. It's the most powerful connection we have ever offered. FiOS service consists of three consumer broadband speeds: up to 5 Mbps downstream and up to 2 Mbps upstream (5 Mbps/2 Mbps), 15 Mbps/2 Mbps and 30 Mbps/5 Mbps. Verizon FiOS enables customers to do more with the Intemet than ever before, such as download purchased digital movies in a flash, play online games at lightning speeds, share large photo files, and video chat with friends and family. Work-at-home customers will enjoy speeds comparable to their office environment. With FiOS, Verizon offers superior broadband speeds at very competitive prices along with Verizon's existing wireline and wireless, local and long-distance telephony services - and, eventually, new video services. Pricing for FiOS: · 5 Mbps/2 Mbps for $34.95 a month as part of a calling package, or $39.95 a month stand-alone 15 Mbps/2 Mbps for $44.95 a month as part of a calling package, or $49.95 a month stand- alone · 30 Mbps/5 Mbps at $199.95 All FiOS Intemet Service packages include: · Free installation by Verizon professionals · Ultra high-speed Intemet access · Free networking router · MSNTM Premium Intemet Software - a $99 annual value · 24/7 live technical support · Up to nine verizon.net e-mail accounts · Access to newsgroups · Personal Web space of 10 MB 'er z n What Others Are Saying About Verizon's FTTP Deployment and FiOS Services: "This is very good news. It will help to bring Virginia into the 21st century relative to having the best of information technology available to residential consumers as well as small businesses." - Virginia General Assembly Del. Joe May (R-Leesburg, Loudoun County), chairman of the Joint Commission On Technology and Science "In 1976, our nation set a goal of universal access to advanced telecommunications technologies and services. The Alliance welcomes Verizon's initiative to begin deploying fiber to the premises as a positive step towards that goal." ~ Debbie Goldman, president of the Alliance for Public Technology "We're very excited about Verizon's announcement and its potential benefits for Arlington County residents and businesses. This tells the world that Arlington is a high- tech community." - Barbara A. Favola, chair, Arlington County Board "As a national small and minority business owner membership organization, we truly understand the need for fast and reliable Intemet connections. Verizon's commitment to bring fiber to our communities is vital to our members' competitive positioning. The promise of job creation is an added critical benefit." Harry Alford, president and CEO, National Black Chamber of Commerce "The Chamber is excited about today's announcement. It's good for our businesses, our residents, and economic development. We'll see new services, new investment, and possibly new jobs." - Rich Doud, president, Arlington Chamber of Commerce "Affordable high speed telecommunications technologies are critical to the disability community. Verizon's fiber to the premises network will mean more employment opportunities, increased access to health care and distance learning, and a higher quality of life for millions of Americans with disabilities." - Andrew J. Imparato, president and CEO, American Association of People with Disabilities "Verizon's new network brings with it the promise of new jobs and equal access to leading edge technology. The Hispanic Technology and Telecommunications Partnership looks forward to this promise as a way to unite and strengthen all of our communities." - Manny Mirabal, co-chair and founder, Hispanic Technology and Telecommunications Partnership "I am pleased that Verizon has selected northern Virginia .and especially Faiffax County to introduce its 'fiber to the premises' network. This will be of great benefit to residential and business customers alike." - Dr. Gerald Gordon, president and CEO, Fairfax County Economic Development Authority. "The ability to better communicate with loved ones, and receive medical attention and advice at home, are not only benefits that seniors and others may benefit from, but are issues that they need to help shape so that they can truly benefit from the newest technologies. Installing broadband fiber to the premises could make a big difference to our members and their quality of life." - Susan Murany, executive director, Gray Panthers "As a technology center, Fairfax County is excited that Verizon, through its fiber-optic upgrade, will be offering our residents improved telephone service as well as increased options for high speed Intemet and video services." - Gerald E. Connolly, chairman, Fairfax County Board of Supervisors "ATA is encouraged by Verizon's decision to accelerate deployment of fiber to the premises. The availability of fiber optic cable can accelerate the deployment of telemedicine systems into the home. Telemedicine improves patient outcomes, adds efficiency to heath systems, and helps alleviate the disparity in health care resources." - Jonathan Linkous, executive director of the American Telemedicine Association veriT_p_ NE }VS REL EA SE FOR IMMEDIATE RELEASE April 12, 2005 Media Contact: Harry Mitchell 804-772-1460 harry.j.mitchell~verizon.com Verizon Brings Blazing-Fast Computer Connections To Leesburg, McLean, Springfield Area Customers New Fiber-to-the-Premises Network Delivers FiOS Broadband Services, With Prices as Low as $34.95 ARLINGTON, Va. - Verizon customers in several more Northern Virginia communities now can experience breathtaking high-speed Intemet access as the company begins to offer its Verizon FiOSSm(FYE'-ose) Internet Service to homes here. Verizon is rolling out the industry's premier consumer broadband services to many of its customers in the Franconia, Leesburg, McLean, Springfield and Tyson's Comer areas. The new services currently are available to customers in Annandale, Falls Church and adjacent areas of Arlington and Fairfax counties. The company is offering three tiers of service with downstream (download) speeds of up to 5, 15 and 30 Mbps (megabits per Verizon News Release, page 1 second).* While FiOS services are not immediately available to all customers in all locations, the services now are available to many Verizon residential customers in these areas: · Leesburg: in the 571 area code, prefix 258; in the 703 area code, prefixes 443,581,589, 669, 737, 771, 777 and 779. · McLean/Tyson's Comer: in the 571 area code, prefixes 204, 280, 382, 594 and 633; in the 703 area code, prefixes 275, 285, 287, 288, 356, 377, 388, 394, 442, 448, 482, 506, 556, 610, 613,676, 712, 714, 720, 734, 744, 747, 748, 749, 760, 761,762, 790, 821,827, 847, 848, 854, 873, 874, 883, 893, 902, 903,905, 917, 918 and 983. · Springfield/Franconia: in the 703 area code, prefixes 286, 440, 451,452, 455,569, 644, 866, 9t2, 913 and 923. Customers who want to determine whether they can order FiOS Intemet Service can call 888-GET FIOS (888-438-3467) or visit Verizon's FiOS Web site at www. verizon, net/fios. Verizon is delivering FiOS services over its new fiber-to-the-premises (FTTP) network, which the company is currently building in portions of Virginia and 13 other states. The company will announce FiOS Interact Service in other areas as it becomes available. FTTP technology utilizes fiber-optic connections - instead of copper wire - directly into homes to enable a broad array of voice, data and video applications. In addition to its current FiOS Interact Service, Verizon plans to launch FiOS TV in 2005 to compete directly with cable TV providers. FiOS TV will be available in markets where Verizon has negotiated cable franchise agreements with local authorities. "FiOS is setting the new standard for consumer broadband services in America," said Bob Ingalls, president of Verizon's Retail Markets Group. "Our customers who already subscribe to FiOS services are astounded at what they now can do with their online experience. Video chats and conferencing, purchased digital movie downloads and interactive multi-player games have become a part of their daily lives." Customer reaction to Verizon's new fiber-based Intemet access service has been very positive, with broadband subscribers already more than doubling in the company's inaugural FiOS market of Keller, Texas, just outside Dallas/Fort Worth. Ingalls added that Verizon is using the most advanced technology to deliver downstream and upstream Verizon News Release, page 2 speeds that will give customers truly interactive, two-way broadband capabilities. "The Internet is an increasingly interactive place where quickly sending information is just as important as quickly receiving it," Ingalls said. "From uploading multi-megabyte e-mails with photo attachments, to interacting with the office from home, FiOS gives customers unprecedented speed, efficiency and productivity at very competitive prices." Each FiOS service is available either as part of a bundle of local and long-distance calling services from Verizon, or as a stand-alone Intemet access service. There are three tiers ofVerizon FiOS Internet Service for consumers: Up to 5 Mbps downstream and 2 Mbps upstream. Suited for Intemet surfmg and basic computer functions. $34.95 a month as part of a calling package, or $39.95 a month stand-alone. · Up to 15 Mbps downstream and 2 Mbps upstream. Appealing to families that have multiple computers and various needs such as media downloads and the ability to access or share large files. $44.95 a month as part of a calling package, or $49.95 a month stand-alone. Up to 30 Mbps downstream and 5 Mbps upstream. Designed for communications-intensive power users with significant bandwidth needs, such as telecommuters or work-at-home households and avid online garners. $179.95 a month as part of a calling package, or $199.95 a month stand-alone. "In addition to an outstanding array of high-speed access options, we will provide our customers with a first-class installation experience, in which a Verizon technician visits the home, sets up the connection and configures the service," said Ingalls. Each consumer data offer includes the suite of services currently available to Verizon Online DSL customers at no additional charge, including: MSN Premium content; Verizon's new Broadband Beat entertainment portal optimized for high-speed access featuring news, games, streaming video and more; up to nine e-mail accounts with 30 megabytes (MB) of storage for the primary account and an additional 10 MB for each sub-account; address book and calendar; 10 MB personal Web space and a Web site building tool; and access to newsgroups. · NOTE: Actual (throughput) speeds will vary With more than $71 billion in annual revenues, Verizon Communications Inc. (NYSE:VZ) is one of the world's leading providers of communications services. Verizon has a diverse work force of more than 210,000 in four business units: Domestic Telecom serves customers based in 29 states with wireline telecommunications services, including broadband and other services. Verizon Wireless owns and operates the nation's most reliable wireless network, serving 43.8 million voice and data customers across Verizon News Release, page 3 the United States. Information Services operates directory publishing businesses and provides electronic commerce services. International includes wireline and wireless operations and investments, primarily in the Americas and Europe. For more information, visit www. verizon, com VERIZON'S ONLINE NEWS CENTER: Verizon news releases, executive speeches and biographies, media contacts, high quality video and images, and other information are available at Verizon's News Center on the World Wide Web at www. verizon, com/news. To receive news releases by e-mail, visit the News Center and register for customized automatic delivery of Verizon news releases. Providing service since 1926 Dear Homeowner, Ivy H. Smith Company, an authorized contractor for Verizon Communications, will soon begin placing buried utility lines in this Community. This project is to provide enhanced offerings and service improvements to customers of Verizon. First indications of this work will be colored lines painted at various locations on the street and in the grass areas around your community. This is necessary to locate existing utility lines in the area and is part of a normal construction process in Virginia. A "door hanger" will be placed at your home to notify you three to five days before actual construction is started. At that time you will provided contact phone numbers. In the event any of our efforts cause you concern you will be able to contact us Monday through Friday (7am to 7pm and Saturday (9am to 3pm); we will address your concems as quickly as possible. Ivy H. Smith Company's goal is to perform our work as unobtrusively and quickly as possible. Ivy H, Smith Company 1-800-768-8831 Providing service since 1926 Dear Homeowner, The construction of the new telephone cable through your property is complete. It was our goal to leave your property as it was found however, there may have been unseen damages to non- detectable items buffed in your yard; i.e. sprinkler systems, invisible fences, etc. In the event you become aware of any issues related to our work please contact us so that we can address your concerns as quickly as possible. If there was any sod replacement on your property please water it in order to help it establish itself. Our toll-free contact number is: 1-800-768-8831 Thank you, Ivy H. Smith Company Dear Homeowner, Ivy H. Smith, an authorized contractor forVerizon will be commencing buried utility placing operations in your community within the next 30 days. This project will provide new fiber optic enhanced services to customers of Verizon Communications as well as potential new customers. First indications of this work will be colored lines painted at various locations on the street and in the grass areas around your community. The markings are necessary to locate existing public utility lines inthe area. Thisdoes not include your private facilities such as well lines, invisible fences or underground sprinklers. Locating and marking existing utilities is required by law andis part of the normal construction process. The painted markings will fade and disappear over time. Additionally, an informational "door hanger" will be placed at your home to notify you three days before the actual construction process begins. Our goal is toperform the work as unobtrusively and quickly as possible. In the event that our efforts cause you concem or inconvenience, you maycontact us at: 1 800 768-8831 We will address your concerns as quickly as possible. Thank You By Tom Whipple The advent of widespread fiber-to-the-home is a major milestone in the development of the information age and will one day be recognized as having the same importance to our civilization as paving the roads had a century ago. This is because a single strand of optical fiber can, for practical purposes, carry a virtually unlimited amount of information. Now, you ask, why on earth would I want millions upon millions of bits streaming into my home? I am getting along just fine with my dial-up, or cable modem, or DSL, or whatever. The notion of my needing a xoo million bits per second is absurd and besides there is nothing in my house that could absorb such a flood of bits. Until recent years, this would have been a very respectable and rational answer, but the world is moving faster than we can imagine. The reason that you are going to need unprecedented amounts of bandwidth is that our lives -- yours and mine -- are about to change markedly. Two almost certain to happen developments will lead to your wanting far better communications at home: x. The world, and most particularly, our little part here in northern Virginia, is filling up with people; and 2. Oil will certainly be selling for upwards of Sxoo per barrel -- perhaps this year. Either there will be no room for us on our roads to take us where we want to go, or there will no affordable gasoline to take us there. It seems dear that avoiding travel -- particularly by automobile -- may soon become a highly desirable thing to do. Some ten years ago a very smart man at MIT, Nicholas Negroponte, wrote a little book in which he pointed out that until recently the world had been mostly about atoms (things) but that a lot of what happens was rapidly changing to bits (the tiny ephemeral snippets of information that fly around in our computers). Armed with this notion, we can begin to think about people falling into one of two groups --- those that work largely with information and those who work largely with things. Given adequate bandwidth, information workers can do their thing from nearly anywhere on earth -- as evidenced by the flow of call center, programming, and book-keeping jobs to India. Atom workers, however, need to be in the specific place where their stuff (atoms) needs to be worked with. If whatever you get paid to work with can be picked up, then you are an atom worker; if it can be displayed on a screen equally well as on paper, you are an information worker. Once we get used to the notion that sometime in the future we won't be able to go places as freely as we have for most of the past century, or that there is more to life than spending three hours a day stating out the windshield at somebody else's license plate, we are ready to start looking at the alternative -- staying at home to a greater extent than we have become accustomed to in the automobile age. Most commentators, who have studied the issue, have concluded that the average information worker household will need bandwidth approaching ~oo million bits per second by the end of the decade. Why so much? High definition video. While telecommuting can be done by phone, fax, and modem, the addition of high-resolution video pictures to the "telecommute" will change people's perception of this form of "working". None of this is pie-in-sky science fiction. The bandwidth and the technology is here now and all it will · take is few more subdivisions in Loudoun or more likely a major spike in the price of gasoline for more people to start looking seriously at this alternative. Commuting to work, however, is only one reason we travel from home. I seem to recall that only a fraction of the miles driven around Northern Virginia have to do with getting to the office. The rest are a combination of shopping, moving the kids through life, visiting, and entertainment. Does all this fiber provided bandwidth have a role to play in all this? Of course! The trend toward more and more online shopping continues unabated. Bandwidth can only accelerate this trend as high-quality full-motion images of whatever we are interested in buying start appearing on our screens. Online food shopping and delivery has been around Northern Virginia for several years. It may be too soon to predict the demise of the mall, but watch what happens during the next gasoline shortage. Another reason for which we travel is entertainment -- nothing new here -- we have been watching televised sports and movies for some 60 years now. It is just going to get better and better -- high definition, more camera angles, very large video-on-demand selections. Education, some aspects of medicine, and perhaps even visiting with friends (the jargon is virtual presence) will gradually move to the screen. No communications technology short of optical fiber running to every home, business and office, appears likely to move the trillions and trillions of bits that we are going to need in the 2xst century. Tom ~ipple Chairs the Arlingto~ County Board Cable and Information Technology Advisory Commission. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 13, 2005 Item Number: 6. Subject: Work Session on County Administrator's Amended 2006 Biennial Financial Plan, the Proposed FY2006 Community Development Block Grant and HOME Annual Plan, and the Proposed FY2006-FY2011 Capital Improvement Program County Administrator's Comments: County Administrator: Board Action Requested: Hold a final work session on the County Administrator's Amended 2006 Biennial Financial Plan, the Proposed FY2006 Community Development Block Grant and HOME Annual Plan, and the Proposed FY2006-FY2011 Capital Improvement Program as well as other ordinance changes. Summary of Information: This time has been scheduled for a final work session on the County Administrator's Amended FY2006 Biennial Financial Plan, the Proposed FY2006 Community Development Block Grant and HOME Annual Plan, and the Proposed FY2006-FY2011 Capital Improvement Program as well as other ordinance changes. Staff will review the attached proposed revisions to the plans at the work session. These revisions and any additional revisions requested will be incorporated prior to adoption. Preparer: Rebecca T. Dickson Title: Director, Budget and Manaqement Attachments: Ycs No # 000002 ~D 000003 ! ! 000004 000005 000006 <<< © > 000007 000005 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: April 13, 2005 Item Number: 8.A.1. Subiect: Adoption of Ordinance Amendments Relating to Department of Utilities Fee Changes County Administrator's Comments: P~_.,~ ,/'~~ County Administrator: Board Action Requested: Adopt Attached Amendments to Section 18-22 and 18-27 of the County Code Relating to Department of Utilities Fee Changes. Summary of Information: The Board of Supervisors held a public hearing on March 23, 2005 concerning the proposed changes to Utilities fees. A cost of service study was conducted to determine if current rates were covering the operating expenses involved in delivering water and wastewater services. The outcome of the study indicates that a rate increase in the capacity and customer charges for water and wastewater is warranted in order to cover services being rendered. The proposed rate increases are indicated on the attachment. These changes will increase a typical bi-monthly water bill by $2.58 and a typical wastewater bi-monthly bill by $3.00. A typical combined water and wastewater bi-monthly bill will increase by $3.54. Base charges were last adjusted in 1992 and commodity charges in July 2003. Even after the proposed rate increases (assuming a typical bill for combined services), Chesterfield's rates are still among the lowest compared to neighboring localities. Preparer: Rebecca T. Dickson Attachments: Ycs Title: Director of Bud.qet and Manaqement ~O000D CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: April 13, 2005 SUMMARY OF INFORMATION (continued) There are several other increases being recommended. Increases in these areas last occurred in 1992 or prior. Installation charges for water service lines are proposed to increase depending on the size of the line. The increases are: from $465 to $777 for a 5/8" line, from $610 to $981 for a 1" line, from $900 to $1,641 for a 1 ~" line, and from $1,000 to $1,836 for a 2" line. Staff is also proposing to increase the bacteriological test fees for new construction from $16 to $21.50 and the portable water meter deposit, which is refunded upon return, is recommended to be increased from $550 to $750. The meter deposit was last changed in 1988. The increased revenue will offset operating cost increases in the cost of purchased water (City of Richmond and Appomattox River Water Authority), chemicals, and payments for wastewater treatment (City of Richmond). In addition, increases in capital projects to comply with Chesapeake Bay requirements and to maintain the integrity of the facilities contributed to the increase in the rates. The ordinance is attached. oooo .o AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 18-22 AND 18-27 RELATING TO WATER AND SEWER CONNECTION FEES AND UTILITY CHARGES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 18-22 and 18-27 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 18-22. (c) (1) Connection fees. 000 The meter and water service line installation charge shall be: For installing water service lines: 5/8" $ ~.65.00 $ 777.00 1" 6!0.00 981.00 1 1/2" 901XO0 1,641.00 2" ~ nnn an 1,836.00 000 00001 . Sec. 18-27. Utility charges. Effective~..,,~.~T ........ I, ~/~' r~nn July 1, 2005, the consumer shall pay charges for utility service in accordance with the following schedules: (a) Monthly service charges. The monthly service charge shall be: (1) Customer cost charge. A customer cost charge of $9.99 $1.50 for each service account. However, customers who have only a water account or a wastewater account shall pay a customer cost charge of $1.98 $3.00. ooo (3) Capacity cost charge. Monthly Capacity Charge Customer Class Meter Number Water Wastewater Size of ERU's (inches) per Unit (i) Dwelling, single-family, including 5/8 1.00 $ :.~ $2.15 $ ~.52 $7.00 townhouses and mobile homes that are not located in a mobile home park (ii) Dwelling, two-family (per unit) 5/8 1.00 !.~ 2.15 ~.52 7.00 (iii) Mobile homes that are located in a mobile 0.85 !.~0 1.85 5.54 5.95 home park and multiple-family dwellings other than multiple-family dwellings used exclusively as housing for colleges or universities (per unit) (iv) Allother customer classes 5/8 and 1.00 !.~ 2.15 ~.52 7.00 3/4 1 2.50 ~.70 5.40 !~.30 17.50 I 1/2 5.00 9~0 10.75 22.~0 35.00 2 8.00 15.04 17.20 52.!~ 56.00 3 16.00 20.02 34.40 !04.22 112.00 4 25.00 47.72~ 53.75 1~3.00 175.00 6 50.00 9~..00 107.50 32~.00 350.00 8 80.00 4--50,40 172.00 52!.~r'0 560.00 10 115.00 21~.20 247.25 g40:g0 805.00 12 155.00 ~a, ~n 333.25 !,0!0.~0 1,085.00 (v) The capacity cost charge for a dwelling that is served by a meter that is larger than five-eighths inch shall be the capacity cost charge in subsection (a)(3)(iv). 0505:68065.1 2 0000'1 Z (b) Ancillary charges. Type Charge (1) Portable water meter deposit $550.00 $750.00 (2) Bacteriological test for new construction !6.~n0 21.50 per test (3) Meter testing charges: (i) 5/8-inch 30.00 (ii) 1-inch 30.00 (iii) 1 l/2-inch 40.00 (iv) 2-inch 40.00 (v) Meters that are larger than two inches will be charged the actual cost of the test. (4) Temporary voluntary meter disconnection fee Customer cost charge plus capacity costs charge for each billing period of disconnection, plus service reconnection fee. (5) Strong waste surcharge (See section 18-107.) (6) Septage dumping charge $25.00 per 1,000 gallons (2) That this ordinance shall become effective July 1, 2005. 0505:68065.1 3 000018 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: Subject: April 13, 2005 Item Number: 8.A.2. Adoption of Ordinance Amendments Relating to Fees for Collecting Delinquent Taxes County Administrator's Comments: County Administrator: Board Action Requested: Adopt Attached Amendments to Section 9-5 of the County Code Relating to Fees for Collecting Delinquent Taxes. Summary of Information: The Board of Supervisors held a public hearing on March 23, 2005 concerning the proposed ordinance amendment relating to fees for collecting delinquent taxes. The FY2005 Adopted Budget included an increase in the delinquent collection fee from $20 to $30 if the treasurer collects subsequent to 30 or more days after notice of delinquent taxes or other charges, but prior to judgment and in the administrative fee from $25 to $30 if the treasurer collects the taxes or other charges after judgment. The treasurer's cost to pursue these cases exceeds the fee. Staff is requesting an additional modification to the ordinance effective immediately upon adoption that would remove the stipulation that the delinquent fee shall not exceed 20% of the delinquent tax bill. This ordinance change clarifies the collection of fees imposed on delinquent taxes and other charges and aligns the county code with the state code. The ordinance is attached. Preparer: RebeccaT. Dickson Attachments: Ycs Title: Director of Budqet and Mana.qement No # 0000'14 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 9-5 RELATING TO FEES FOR COLLECTING DELINQUENT TAXES OR OTHER CHARGES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 9-5 of the Code o[ the County o£ Chester~eld, 1997, as amended, is amended and re-enacted to read as follows: Sec. 9-5. Fee imposed for collecting delinquent taxes or other charges. Any person who fails to pay taxes or other charges to the county when due shall be charged a delinquent collection fee. The delinquent collection fee shall consist of administrative costs, attorney's fees, and collection agency fees. Administrative costs shall be: (1) Thirty dollars ($30.00) if the treasurer collects subsequent to 30 or more days after notice of delinquent taxes or other delinquent charges, but prior to judgment; and (2) Thirty dollars ($30.00) if the treasurer collects the taxes or other charges after judgment. Attorney's fees and collection agency fees shall not exceed 20 percent of the taxes or other charges collected. (2) That this ordinance shall become effective immediately upon adoption. 0423:68159.1 000015 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 1 Meetin~l Date: A~ril 13, 2005 Item Number: 8.A.3. Subject: Adoption of an Ordinance Relating to Motor Vehicles Owned by Members of Volunteer Rescue Squads, Members of Volunteer Fire Departments, and Auxiliary Police Officers County Administrator's Comments: County Administrator: Board Action Requested: Adopt Attached Amendments to Sections 9-57 and 13-51 of the County Code Relating to Motor Vehicles Owned by Members of Volunteer Rescue Squads, Members of Volunteer Fire Departments, and Auxiliary Police Officers. Summary of Information: The Board of Supervisors held a public hearing on March 23, 2005 concerning the proposed ordinance amendments relating to motor vehicles owned by members of Volunteer Rescue Squads, Volunteer Fire Departments, and Auxiliary Police officers. Current county policy allows one vehicle per household to be classified separately and eligible for the lower tax rate of $0.96. This amendment expands the ordinance so that if a volunteer rescue squad or fire department member and an auxiliary member are members of the same household, that household shall be allowed two vehicle special classifications rather than one. This change is estimated to cost about $4,000 annually and would become effective January 2006. The other amendment expands the ordinance so that vehicles not only owned or leased by an active member but also an active auxiliary member of a volunteer rescue squad, fire department, or auxiliary police unit can be exempt from the decal license fee. The ordinance is attached. Preparer: RebeccaT. Dickson Title: Director, Budget and Management Attachments: Ycs -~No 000016 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 9-57 AND 13-51 RELATING TO MOTOR VEHICLES OWNED BY MEMBERS OF VOLUNTEER RESCUE SQUADS, MEMBERS OF VOLUNTEER FIRE DPEARTMENTS AND AUXILIARY POLICE OFFICERS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 9-57 and 13-51 of the Code o£ the Count_ of Chesterfield, 1997, as amended, are amended and re-enacted to read as follows: Sec. 9-57. Motor vehicles owned by members of volunteer rescue squads, members of volunteer fire departments and auxiliary police officers. (a) Motor vehicles (i) owned by members or auxiliary members of a volunteer rescue squad or volunteer fire department or persons appointed to serve as auxiliary police officers pursuant to Code of Virginia, § 15.2-1731 or (ii) leased by members or auxiliary members of a volunteer rescue squad or volunteer fire department if the member is obligated by the terms of the lease to pay tangible personal property tax or the motor vehicle hereby constitute a separate classification for tangible personal property taxation, subject to the standards, conditions and requirements provided in this section. (b) For any tax year, only one motor vehicle per owner may be separately classified pursuant to subsection (a); however, if a volunteer rescue squad or fire department member and an auxiliary member are members of the same household, that household shall be allowed no more than two special classifications. (c) To qualify for separate classification under this section, the motor vehicle must: (1) Be owned or leased by a member or auxiliary member of a volunteer rescue squad or volunteer fire department or owned by a person appointed to serve as an auxiliary police officer pursuant to Code of Virginia, § 15.2-1731; (2) Be used regularly by the member to respond to rescue squad, fire department or police department emergency calls or used by a member who regularly performs other duties for the rescue squad, fire department or police department; and (3) Be used for such calls or to perform such other duties more often than any otffer motor vehicle owned by the member. (d) Any member or auxiliary member of a volunteer rescue squad or volunteer fire department or person appointed to serve as an auxiliary police officer pursuant to Code of Virginia, § 15.2-1731, who seeks to have a motor vehicle separately classified for a tax year under this section must, prior to January 31 of the tax year, furnish the commissioner of the revenue with a certification, signed under oath by the fire chief or head of the member's volunteer organization or department stating that: 0623:68155.1 1 Revised 2/10/05 2:10 PM 000017 (1) (2) (3) (4) The member is a member of the organization or department; The member regularly responded to emergency calls received by the organization or department or regularly performed other duties for the organization or department during the previous calendar year; The motor vehicle for which a separate classification is sought was regularly used to respond to such calls or to perform such other duties; and Such motor vehicle was used for such calls more often than any other vehicle owned by the member. (e) Any member or auxiliary member of a volunteer rescue squad or volunteer fire department or person appointed to serve as an auxiliary police officer may replace a motor vehicle certified pursuant to this section as of January 31 of the current tax year at the time that the certified vehicle is sold or transferred. (f) Notwithstanding the January 31 deadline provided by subsections (d) and (e), the commissioner of revenue shall be authorized, in his discretion, and for good cause shown and without fault on the part of the member, to accept a certification after January 31. 000 Sec. 13-51. Required; exceptions. (a) A license tax is hereby imposed upon every motor vehicle, trailer or semitrailer normally garaged, stored or parked in the county. (b) (1) (2) (3) (c) (1) (2) (3) The provisions of this article shall not apply to the following: Any vehicle exempted by the provisions of Code of Virginia, §§ 46.2-663--46.2- 683, as amended, and Code of Virginia, § 46.2-755, as amended; Any vehicle licensed pursuant to Code of Virginia, § 46.2-750, as amended; or, Any vehicle otherwise exempted by state law. A county license will be issued free of charge to: Vehicles owned by a volunteer rescue squad; Vehicles owned by a volunteer fire department; Vehicles owned or leased by a volunteer police chaplain. However, only one vehicle owned by the chaplain may qualify for the exemption provided by this subsection; 0623:68155.1 2 O0 0 0 ~.S Revised 2/10/05 2:10 PM (4) (5) Any vehicle displaying special permanent plates as approved and issued by the department of motor vehicles pursuant to Code of Virginia, § 46.2-739, as amended, to veterans with service-connected disabilities; and Vehicles owned or leased by an active member or active auxiliary member of a volunteer rescue squad, a volunteer fire department, or an auxiliary police unit; provided that the member submits to the treasurer a certification, signed under oath by the chief or head of the member's volunteer organization, certifying the member's active membership for the six-month period prior to obtaining a license. However, only one vehicle owned by the member may qualify for the exemption provided by this subsection. (2) That this ordinance shall become effective January 1, 2006. 0623:68155.1 Revised 2/10/05 2:10 PM 3 000019 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: Subject: April 13, 2005 Item Number: 8.A.4. Adoption of an Ordinance Establishing the Annual Tax Levy on Various Classes of Real Estate and Personal Property County Administrator's Comments: County Administrator: Board Action Requested: Adopt a Tax Rate Ordinance Establishing Tax Rates for Calendar Year 2005. Summary of Information: The Board held a public hearing on March 23, 2005 concerning the attached ordinance regarding annual tax levies. Tax levies on existing classes of property for calendar year 2005 were advertised as follows: $1.07 for real estate; $3.60 for personal property; $1.00 for machinery and tools; $0.50 for airplanes; $0.96 for personal property for volunteer firefighters, rescue squads, and auxiliary members; $0.01 for wild and exotic animals; $3.24 for vehicles using clean and special fuels; $0.01 for specially equipped motor vehicles for the physically handicapped, and $0.96 for vehicle trailers and semi-trailers with a gross weight of 10,000 pounds or more. The FY2006 amended budget was prepared at a $1.07 real estate tax rate. The ordinance is attached. Preparer: RebeccaT. Dickson Attachments: Ycs Title: Director, Bud.qet and Manaqement ~No gO00020 AN ORDINANCE TO ESTABLISH THE ANNUAL TAX LEVY ON VARIOUS CLASSES OF PROPERTY FOR THE COUNTY OF CHESTERFIELD BE IT ORDAINED by the Board of Supervisors of the County of Chesterfield that for the year beginning on the first day of January, 299~. 2005, and ending on the thirty-first day of December, gO04 2005, the taxes on property in all the Magisterial Districts of the County of Chesterfield shall be as follows: Sec. 1. Real Property and Mobile Homes. On tracts of land, lots or improvements thereon and on mobile homes the tax shall be $1.07 on every $100 of assessed value thereof. Sec. 2. Personal Property. (a) On automobiles, trailers, boats, boat trailers, other motor vehicles and on all tangible personal property used or held in connection with any mining, manufacturing or other business, trade, occupation or profession, including furnishings, furniture and appliances in rental units, the tax shall be $3.60 on every $100 of the assessed value thereof. (b) On aircraft as defined by Section 58.1-3503 and -3506 of the Code of Virginia, 1950, as amended, the tax shall be $.50 on every $100 of the assessed value thereof. (c) On motor vehicles owned or leased by members of volunteer rescue squads, volunteer fire departments, volunteer police chaplains and by auxiliary police officers as provided in Section 9-57, Code of the County of Chesterfield, 1997, as amended, the tax shall be $.96 on every $100 of the assessed value thereof. (d) On wild or exotic animals as defined by Section 58.1-3506 of the Code of Virginia, 1950, as amended, the tax shall be $0.01 on every $100 of the assessed value thereof. (e) On motor vehicles which use clean special fuels as defined in Section 58.1-2101 of the Code of Virginia, 1950, as amended, the tax shall be $3.24 on every $100 of the assessed value thereof. (f) On motor vehicles, trailers, and semitrailers with a gross vehicle weight of 10,000 pounds or more used to transport property for hire by a motor carrier engaged in interstate commerce, the tax shall be $.96 on every $100 of the assessed value thereof. 0623:68211.1 1 This ordinance will not be reproduced by Municode. Insert in Code book before page 9:1. O00O125. Lg~ On motor vehicles which are specially equipped to provide transportation for physically handicapped individuals, the tax shall be $.01 on every $100 of the assessed value thereof. Sec. 3. Public Service Corporation Property. (a) On that portion of real estate and tangible personal property of public service corporations which has been equalized as provided in Section 58.1-2604 of the Code of Virginia, 1950, as amended, the tax shall be $1.07 on every $100 of the assessed value thereof determined by the State Corporation Commission. (b) The foregoing subsections to the contrary notwithstanding, on automobiles and trucks belonging to such public service corporations the tax shall be $3.60 on every $100 of assessed value thereof. Sec. 4. Machinery and Tools. On machinery and tools used in a manufacturing or mining business the tax shall be $1.00 on every $100 assessed value thereof. 0623:68211.1 2 This ordinance will not be reproduced by Municode. Insert in Code book before page 9:1. O000Zg CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meeting Date: April 13, 2005 Item Number: 8.A.5. Subject: Adoption of the FY2006-2011 Capital Improvement Program and Revisions to 2005 Capital Improvement Program County Administrator's Comments: County Administrator: Board Action Requested: Adopt the FY2006-2011 Capital Improvement Program with revisions and approve revisions to 2005 Capital Improvement Program. Summary of Information: The County Charter requires that the Capital Improvement Program be adopted by May 1. Staff recommends that the Capital Improvement Program be adopted at this meeting. Following the work session, staff will incorporate any requested revisions into the adopted document. Preparer: Rebecca T. Dickson Attachments: [--] Yes Title: Director, Budget and Manaqement No #O00023 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meeting Date: April 13, 2005 Item Number: 8.A.6. Subject: Adoption of the FY2006 Community Development Block Grant and HOME Investment Partnership Annual Plan County Administrator's Comments: County Administrator: Board Action Requested: Adopt the FY2006 Community Development Block Grant and HOME Investment Partnership Annual Plan. Summary of Information: The FY2006 Community Development Block Grant and HOME Annual Plan totals $2,026,000 which is comprised of $1,420,400 in new Block Grant allotments and $501,800 in new HOME allotments, as well as $22,600 in Reprogrammed HOME funds and $81,200 in Reprogrammed CDBG funds. The County's Community Development Block Grant and HOME Investment Partnership Annual Plan for FY2006 is required to be submitted to the U.S. Department of Housing and Urban Development by May 17, 2005. The submission must follow a required public hearing by the Board of Supervisors, which was held on March 23, 2005. A Review Committee has made its recommendation to the County Administrator regarding the FY2006 CDBG and HOME funding. Following the work session, staff will incorporate requested revisions into the adopted plan. Revisions cannot be made in the Public Services or Administration categories because the funding recommendations are already at the allowable caps. Preparer: Rebecca T. Dickson Attachments: ~ Yes Title: Director, Budget and Management NO O000Z4 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 1 Meetin.q Date: April 137 2005 Item Number: 8.A.7. Subiect: Adoption of the Amended FY2006 Biennial Financial Plan County Administrator: ~1~ Board Action Requested: Adopt the Amended FY2006 Biennial Financial Plan with revisions as approved and Set a Public Hearing for June 22, 2005 to Consider Changes to the Tax Relief For the Elderly Program Ordinance. Summary of Information: The County Charter requires that the Budget be adopted by May 1. Staff recommends that the Budget be adopted at this meeting. Following the work session, staff will incorporate requested revisions into the adopted document. Preparer: Rebecca T. Dickson Title: Director, Bud.qet and Mana.qement Attachments:l-l es 9000Z5 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin,cj Date: April 137 2005 Item Number: 8.A.8. Subiect: Adoption of a Resolution Appropriating Funds for Fiscal Year 2006 County Administrator's Comments: County Administrator: Board Action Requested: Adopt the attached Appropriations Resolution for Fiscal Year 2006. Summary of Information: The County Charter requires passage of an appropriations resolution to authorize the expenditure of funds. Last April 2004, the Board approved a spending plan for FY2006, the second year of the biennial budget. Funds were approved but not appropriated as part of this spending plan. The attached resolution details and authorizes the expenditure of funds for FY2006. Any changes approved by the Board at the final budget work session will be incorporated into the resolution. Staff is recommending two noteworthy changes in the appropriations resolution for FY2006. 1) To increase the County Administrator's authority to appropriate and transfer funds as specifically described in the resolution from $20,000 to $50,000. A similar increase is recommended for the School Superintendent. Preparer: Rebecca T. Dickson Attachments: Ycs Title: Director, Budget and Manaqement ['-'~ No # O000Z6 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meetin¢ Date: 2005 Summary of Information (continued): 2) Past resolutions have allowed for the withholding of $4.5 million in local funding for schools. This amount was allocated to the schools at intervals during the year. This resolution increases the withholding amount to $6.0 million and authorizes the County Administrator to transfer $2.0 million to Schools at three specified times during the fiscal year contingent upon funds availability. These times are December 15th, February 15th and May 5th. This practice allows for flexibility to adjust the School appropriation should the need arise due to a downturn in revenues or some other unplanned event. School staff is supportive of the recommended changes to the appropriations resolution. O000Z? FY2006 SECOND YEAR APPROPRIATIONS RESOLUTION A RESOLUTION TO APPROPRIATE DESIGNATED FUNDS AND ACCOUNTS FROM DESIGNATED ESTIMATED REVENUES FOR FY2006 FOR FISCAL PLANNING PURPOSES FOR THE OPERATING BUDGET AND THE CAPITAL IMPROVEMENTS PROGRAM FOR THE COUNTY OF CHESTERFIELD, VIRGINIA BE IT HEREBY RESOLVED by the Board of Supervisors of the County of Chesterfield: That for the fiscal year beginning on the first day of July 2005 and ending on the thirtieth day of June 2006, the following sections shall be adopted: Sec. 1 The following designated funds and accounts shall be appropriated from the designated estimated revenues to operate and to provide a capital improvement program for the county. It is the intent of the Board of Supervisors that general property taxes levied on January 1, 2005 and due December 5, 2005 be appropriated for FY2006. Sec. 2 Appropriations in addition to those contained in the general appropriation resolution may be made by the Board only if there is available in the fund an unencumbered and unappropriated sum sufficient to meet such appropriations. General Fund Estimated Revenue: From Local Sources: General Property Taxes Other Local Taxes Licenses, Permits, Fees Fines, Forfeitures and Uses of Money & Property Service Charges Miscellaneous and Recovered Costs FY06 Amended $296,062,100 85,839,500 9,682,600 3,374,100 27,163,500 8,714,300 From Other Agencies: State and Federal $125,642,300 Other Financing Sources: Reserves Transfer from General Fund Transfer from County Capital Projects Transfer from Vehicle & Communications Maintenance Fund Transfer from Water Improvement, Replacement & Extension Fund Transfer from Water Operating Fund Transfer from Wastewater Operating Fund Anticipated Fund Balance 7/1/05 Total Revenues $6,624,400 120,500 230,700 5,800 1,300 1,214,500 1,300 40,898,800 $605,575,700 Appropriations: General Government Administration of Justice Public Safety Public Works Health and Welfare Parks, Rec., Cultural Cormnunity Development Debt Service Operating Transfers Reserves Ending Fund Balance, 6/30/2005' Total General Fund: $37,043,200 6,534,900 117,146,200 15,812,100 49,798,500 18,222,500 11,763,100 20,138,600 283,309,300 3,908,500 41,898,800 $605,575,700 *This includes encumbrances carried forward in all funds not to exceed $15 million. (See "Section 5") 000028 FY2006 SECOND YEAR APPROPRIATIONS RESOLUTION Comprehensive Services Fund Estimated Revenue: Reimbursement, Colonial Heights State Aid, Comprehensive Services State, Miscellaneous Transfer from Social Services Transfer from Schools Transfer from General Fund Total Revenue Appropriations: Operating Expenses Total Appropriations School Operating Fund Estimated Revenue: Local Sources State Federal Transfer from School CIP Use of Reserve Transfer from School Operating Transfer from School Food Service Transfer from General Fund: State Sales Tax Local Taxes Prior Year Revenue Grounds Maintenance Total General Fund Beginning Balance Total Revenues, Transfers & Reserves Appropriations: Instruction Administration / Attendance & Health Pupil Transportation Operations & Maintenance Debt Service Food Service Grounds Maintenance Total Appropriations School Capital Proiects Fund Estimated Revenue: Bond Proceeds Interest Earnings Proffered Funds State Construction Allocation Reimbursement for Services Transfer from Food Services Total Revenue School Capital Projects Fund Appropriations: Transfer to School Operating Fund: School Projects CIP Management Total Appropriations School Capital Projects Fund $200,600 5,345,900 120,000 445,200 1,187,200 1,759,600 $9,058,500 $9,058,500 $9,058,500 $15,976,000 190,050,200 23,243,200 0 865,900 592,000 705,000 46,170,600 207,277,700 0 1,627,000 $255,075,300 1,000,000 $487,507,600 341,187,881 18,346,381 20,688,858 48,122,880 41,233,700 16,301,000 1,627,000 $487,507,700 $50,390,000 0 3,125,800 0 569,000 375,000 $54,459,800 $53,890,800 569,000 $54,459,800 000029 FY2006 SECOND YEAR APPROPRIATIONS RESOLUTION Schools - Appomattox Regional Governor's School Fund Estimated Revenue: Local Sources State Federal Transfer from Operating Total Revenues Beginning Fund Balance Total Revenues, Transfers and Reserves Appropriations Education Transfer to Grants Total Appropriations County Grants Fund: Estimated Revenue: From Other Governments From the General Fund Total Revenue Appropriations: Commonwealth Attorney - Drug Court Community Corrections Services: Domestic Violence Resource Center Options Pretrial Post Trial Targeted Capacity Expansion Grant Community Development Block Grant Community Services Board Part C Grant Domestic Violence Prosecutor Domestic Violence Victim Advocate (V-STOP) Edward Byrne Memorial Justice Assistance Grant Families First Federal Day Care Grant Juvenile Drug Court Grant Litter Grant Police - Domestic Violence Coordinator Police - School Resource Officers Police - COPS/Universal Hiring Practices Grant Project Exile Grant (Commonwealth's Attorney) Terrorism Coordinator Grant USDA Juvenile Detention Grant Victim/Witness Assistance VJCCCA Total Appropriations County CIP Fund $2,215,600 792,200 500,000 5,200 $3,513,000 $50,000 $3,563,000 $3,557,800 $5,200 $3,563,000 $7,030,000 1,888,600 $8,918,600 $347,000 81,300 64,OOO 407,500 1,551,600 0 2,026,000 484,200 86,200 38 400 105 700 346 300 30 000 207 500 26 000 49 500 87 000 966 000 127,500 59,100 40,000 420,500 1,367,300 $8,918,600 Estimated Revenue: Lease/Purchase Proceeds Interest Earnings $0 0 OOO030 FY2006 SECOND YEAR APPROPRIATIONS RESOLUTION General Obligation Bonds Transfer from General Fund Transfer from Utilities Transfer from Cash Proffers State Grants/Reimbursements Total Revenue Appropriations: County Capital Projects Transfer to the General Fund Total County CIP Funds County Maintenance Proiects Fund Estimated Revenue: Transfer from General fund General Obligation Bonds Total Revenue Appropriations: County Maintenance Projects Total County Maintenance Projects Cash Proffer Fund Estimated Revenue: Cash Proffers Total Revenues Appropriations: Reimbursement Transfer to County Capital Projects Fund Total Appropriations Vehicle and Communications Maintenance Estimated Revenue: Fleet Management Charges Radio Shop Charges Total Revenue Appropriations: Fleet Management Charges Radio Shop Charges Total Appropriations Capital Proiects Management Fund Estimated Revenue: Reimbursement for Services Total Revenue Appropriations: Construction Management Operations Total Appropriations Risk Manaeement Fund Estimated Revenue: Operating Revenues Interest Earnings Beginning Retained Earnings Total Revenue 4,958,500 9,546,300 0 1,124,000 425,000 $16,053,800 $16,053,800 $16,053,800 $1,200,000 $11,300,000 $12,500,000 $12,500,000 $12,500,000 $1,299,000 $1,299,000 $175,000 1,124,000 $1,299,000 $11,097,800 1,797,800 $12,895,600 $11,097,800 1,797,800 $12,895,600 $573,300 $573,300 $573,300 $573,300 $5,558,600 0 200,000 $5,758,600 00003 . FY2006 SECOND YEAR APPROPRIATIONS RESOLUTION Appropriations: Risk Management Operations Ending Retained Earnings Total Appropriations Airport Fund Estimated Revenue: Operating Revenue Total Revenue Appropriations: Airport Operations Total Appropriations Airport Capital Fund Estimated Revenue: Federal Grant State Grant Total Revenue Appropriations: Airport Improvements Total Appropriations Utilities Fund Estimated Revenue: Service Charges Capital Cost Recovery Charges Hydrant/Fire Protection Transfer from General Fund Used from Water/Wastewater Improvement Replacement Fund Other Revenue Anticipated Future Revenue Total Revenue Appropriations: Operations Debt Service Transfer to County Capital Projects Transfer to Capital Projects Payment in Lieu of Taxes Transfer to Water Improvement Replacement Fund Total Appropriations Utilities Capital Proiect Funds Estimated Revenue: Transfer from Water/Wastewater Operating Fund Anticipated Future Revenues Total Revenue Appropriations: Capital Projects Total Appropriations $5,558,600 200,000 $5,758,600 $650,400 $650,400 $65O,40O $650,400 $1,516,500 $134,800 $1,651,300 $1,651,300 $1,651,300 $47,180,000 12,563,000 1,214,500 0 0 7,233,9OO 12,556,700 $80,748,100 $40,813,200 7,900,300 0 30,437,000 1,214,500 383,100 $80,748,100 $30,437,000 $30,437,000 $30,437,000 $30,437,000 000032 FY2006 SECOND YEAR APPROPRIATIONS RESOLUTION Sec. 3 Sec. 4 Sec. 5 Sec. 6 Sec. 7 Sec. 8 Sec. 9 Sec. 10 The County Administrator may, as provided herein, except as set forth in Sections 7, 12, 13, 15, 16, 17 and 19, authorize the transfer of any unencumbered balance or portion thereof from one classification of expenditure to another within the same department or appropriation category. The County Administrator may transfer up to $50,000 from the unencumbered appropriated balance of one appropriation category to another appropriation category. No more than one transfer may be made for the same item causing the need for a transfer, unless the total amount to be transferred for the item does not exceed $50,000. The County Administrator may increase appropriations for non-budgeted revenue that may occur during the fiscal year as follows: a) Insurance recoveries received for damage to any county property, including vehicles, for which County funds have been expended to make repairs. b) Refunds or reimbursements made to the county for which the county has expended funds directly related to that refund or reimbursement. c) Revenue not to exceed $50,000. All outstanding encumbrances, both operating and capital, in all county funds up to $15 million, at June 30, 2005 shall be an amendment to the adopted budget and shall be reappropriated to the 2005-2006 fiscal year to the same department and account for which they were encumbered in the previous year. At the close of the fiscal year, all unencumbered appropriations lapse for budget items other than: capital projects; general fund transfers for capital projects and grants; District Improvement Funds; construction reserve for capital projects; reserves; refunds for off-site and oversized water and wastewater facilities; federal and state grants, other revenue and program income; Title IV-E funds; cash proffers; Economic Development incentive funds; actual transient occupancy tax revenues received and budgeted expenditures in connection with the Richmond Convention Center; donations restricted to specific purposes; and reserves for county and school future capital projects. Appropriations designated for capital projects will not lapse at the end of the fiscal year. The County Administrator may approve transfers between funds to enable the capital projects to be accounted for correctly. Upon completion of a capital project, staff is authorized to close out the project and transfer any remaining balances to the original funding source. The County Administrator may approve construction contract change orders up to an increase of $49,999 and approve all change orders for reductions to contracts. The Board of Supervisors must approve all change orders of $50,000 or more or when the aggregate of all changes to a contract exceeds 10% of the original contract amount (or 20% if the contract is for less than $500,000). The County Administrator may authorize the transfer of Utilities capital projects funds that are either 20% or up to $100,000 of the original project cost, whichever is less, from any Utilities capital project to any other Utilities capital project. Should the actual contract price for a project be less than the appropriation, the County Administrator may approve the transfer of excess funds upon completion of the project. Upon completion of a grant project, the County Administrator is authorized to close the grant and transfer balances back to the funding source. The County Administrator is authorized to reprogram Community Development Block Grant funds by closing program cost centers and transferring funding to newly approved programs based on adoption by the Board of Supervisors. The County Administrator may reduce revenue and expenditure appropriations related to programs funded all or in part by the Commonwealth of Virginia and/or the federal government to the level approved by the responsible state or federal agency. The Director of Accounting is authorized to make transfers to various funds for which there are transfers budgeted. The Director shall transfer funds only as needed up to amounts budgeted, or in accordance with any existing bond resolutions that specify the manner in which transfers are to be made. 000033 FY2006 SECOND YEAR APPROPRIATIONS RESOLUTION Sec. 11 Sec. 12 Sec. 13 Sec. 14 Sec. 15 Sec. 16 Sec. 17 Sec. 18 Sec. 19 Sec. 20 The Treasurer may advance monies to and from the various funds of the county to allow maximum cash flow efficiency. The advances must not violate county bond covenants or other legal restrictions that would prohibit such an advance. The Treasurer may also advance cash in support of employee benefit accounts. The County Administrator is authorized to make expenditures from Trust & Agency Funds for the specified reasons for which the funds were established. In no case shall the expenditure exceed the available balance in the fund. The County Administrator is authorized to transfer among appropriation categories and/or appropriate funds in excess of $50,000 for supplemental retirement, Worker's Compensation, healthcare for retirees, and other compensation costs. The portion of the reserve for capital projects related to the school budget will be designated for school projects in the general fund. The County Administrator may appropriate revenues and increase expenditures in excess of $50,000 for funds received by the county from asset forfeitures for expenditures related to drug enforcement or other allowable expenditures. The balance of these funds shall not lapse but be carried forward into the next fiscal year. The County Administrator may increase the general fund appropriation in the School Operating Fund contingent upon availability of funds and other circumstances, based on the following schedule: a) Increase general fund transfer/appropriation on December 15 by $2,000,000. b) Increase general fund transfer/appropriation on February 15 by $2,000,000. c) Increase general fund transfer/appropriation on May 05 by $2,000,000. The County Administrator is authorized to reallocate funding sources for capital projects, arbitrage rebates/penalties, and debt service payments and to appropriate bond interest earnings to minimize arbitrage rebates/penalties. This authority would include the appropriation of transfers among funds to accomplish such reallocations. Budgets for specific capital projects will not be increased beyond the level authorized by Sections 3 and 4. Salaries for Planning Commissioners will be increased equivalent to the increase given to all county employees. The effective date for pay increases, including the Planning Commission and the Board of Supervisors, may cross fiscal years. Increases will be effective on the first day of the pay period that includes July 01. The County Administrator is authorized to approve transfers among funds and capital projects as long as total net appropriation is not increased. Beginning with the FY97 budget and effective upon adoption of this resolution, the Utilities Department rate stabilization reserve shall be created and maintained as per guidelines outlined below: a) The minimum annual contribution to the reserve will be 50% of the previous year's depreciation on fixed assets. b) The annual contribution to the reserve will continue until 100% of accumulated depreciation on the fixed assets is funded. If at the beginning of a fiscal year a reserve balance exceeds 100% of accumulated depreciation, a reduction in the annual contribution may be considered. c) Funds cannot be used from the rate stabilization reserve if the balance falls below 25% of that utility's fixed asset accumulated depreciation, other than for Utility internal borrowing purposes. 000034 FY2006 SECOND YEAR APPROPRIATIONS RESOLUTION Sec. 21 Sec. 22 Sec. 23 Sec. 24 d) The declaration of a financial emergency by the Director of Utilities and a corresponding four-fifths vote by the Board of Supervisors at a publicly advertised meeting declaring the existence of such an emergency is required to suspend Sec. 20 a, Sec. 20 b, and Sec. 20 c. Upon adoption of this resolution, the School Board and/or the School Superintendent may make expenditure changes within the school appropriations as follows: a) Transfers of $50,000 or less are subject to the approval of the Superintendent. b) Transfers of $50,001 to $499,999 require the approval of the Superintendent and the School Board. c) Transfers of $500,000 or more require the approval of the Superintendent, the School Board, and the Board of Supervisors. The School Board and/or the School Superintendent shall prepare a budget status report reflecting changes to the approved school budget between appropriation categories, as amended, and the report shall be presented to the County Administrator quarterly. The County Administrator is authorized to reclassify budgeted revenues to reflect implementation of the state's Personal Property Tax Relief Act reimbursement. The County Administrator is authorized to reduce a department's current year budget appropriation by a dollar amount equal to the prior year's overspending inclusive of encumbrances carried forward. Staff is authorized to make changes to FY2006 appropriations, including consolidating, separating or re- classifying appropriations in connection with the county's new financial system and its functionality. This section will not apply after FY2006. 000035 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: April 13, 2005 Item Number: 8.B.l.a. Subiect: Consideration to Allocate from the Utility Inducement Fund an Amount not to Exceed $80,000 to Pay for Extending and Upgrading a Public Water Line to Accommodate at Least Four New Companies Wanting to Locate in the Cloverhill Industrial Park on Warbro Road County Administrator: Board Action Requested: Approval to use Utility Inducement Funds not to exceed $80,000 to design, install and expand a public water line for the industrial property at Warbro Road. Summary of Information: The County has adopted the Utility Inducement Program to fund the extension of water and sewer lines for significant economic development projects. The program criteria requires that a performance bond be posted; that the County's share of the total cost of extending utilities does not exceed 75%; and that the taxes generated from the industry(s)during the first three years of operation in Chesterfield must meet or exceed the County's cost for the utility extension. The anticipated revenue from this project is projected to meet the repayment requirements of the Utility Inducement Program in one and one-half years. The extension will also be capable of accommodating development of other parcels in the Park. Preparer: James G. Dunn Attachments: ~ Yes No Title: Director, Economic Development 0OO036 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: April 13, 2005 Budqet and Manaqement Comments: This item requests that the Board consider allocating up to $80,000 from the Utility Inducement Fund to pay for extending and upgrading a public water line at the Cloverhill Industrial Park at Warbro Road. Sufficient funds are appropriated and available in the current Utilities Capital Improvement Plan to pay for the water line extension and upgrade. Preparer: Rebecca T. Dickson Title: Director, Budget and Manaqement 000037 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2. Meetin~l Date: April 13, 2005 Item Number: 8.B.l.b. Subiect: Consideration to Allocate from the Utility Inducement Fund an Amount Not to Exceed $133,000 to Pay for Extending and Upgrading a Public Wastewater Line to Accommodate a New Company, Atlantic Constructors, LLC Locating in the James River Industrial Center on Battery Brooke Parkway County Administrator's Comments: /'~-<:~~ County Administrator: Board Action Requested: Approval to use Utility Inducement Funds not to exceed $133,000 to design, install and expand a public wastewater line for the industrial property at Battery Brooke Parkway, and to waive the requirement to post a performance bond and the requirement that the County's share of the total cost does not exceed 75%. Summary of Information' The County has adopted the Utility Inducement Program to fund the extension of water and sewer lines for significant economic development projects. The program criteria requires that a performance bond be posted; that the County's share of the total cost of extending utilities does not exceed 75%; and that the taxes generated from the industry(s)during the first three years of operation in Chesterfield must meet or exceed the County's cost for the utility extension. Atlantic Constructors, LLC has purchased approximately 21.43 acres of land and will construct a 132,000 square foot building at Battery Brooke Parkway. There will be 150 employees on site in Chesterfield County. Their headquarters will now be Chesterfield and they will have a total of 475 employees on their payroll out of Chesterfield. The anticipated revenue from this project is projected to meet the repayment requirements of the Utility Inducement Program within three years. The extension will also be capable of accommodating development of other parcels in the Park. Preparer: James G. Dunn Attachments: ~ Yes NO Title: Director, Economic Development CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: April 13, 2005 Budqet and Management Comments: This item requests that the Board consider allocating up to $133,000 from the Utility Inducement Fund to pay for extending and upgrading a public wastewater line at the James River Industrial Center on Battery Brooke Parkway. Sufficient funds are appropriated and available in the current Utilities Capital Improvement Plan to pay for the wastewater line extension and upgrade. Preparer: Rebecca T. Dickson Title: Director1 Budget and Manaqement ooo039 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meetin~l Date: April 13, 2005 Item Number: 8.B.2. Subiect: Appropriate Revenue and Expenditures for the Community Services Board Administrator's County Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to appropriate $120,193 in revenue and expenditures, and establish one full time position for the Community Services Board in their pharmacy area. Summary of Information: Final funding awards from the State Mental Health, Mental Retardation, and Substance Abuse Department has resulted in additional funds for the FY2005 Part C, Infant and Toddlers Grant, in the amount of $51,215. These funds will be used to provide early intervention services for infants and toddlers and meet the developmental needs of each child. The appropriation of these funds brings the Part C grant award to $484,215, $60,380 less than the FY2004 final grant award. In addition, the final state award for FY2005 Chapter 10 MHMRSA funds reflects an increase of $68,978. These funds will be used to provide for the mental health needs of county residents, including preventive, medical and outpatient services. The Community Services Board also requests a portion of these funds ($8,800) be used to establish a full time pharmacy staff position which was previously part time to provide improved coordination, consistency as well as improved overall service to consumers and department staff. Preparer: George E. Braunstein Title: Executive Director, Chesterfield CSB Attachments: [Yes No 000040 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: April 13, 2005 Budget and Mana.qement Comments: This item requests the Board to accept and appropriate $51,215 in additional Part C funds and $68,978 in state Chapter 10 MHMRSA funds. The requested appropriation will bring the current FY2005 budget into alignment with the actual grant awards. In addition, the Community Services Board requests the creation of a new full-time position in their pharmacy area and funding to change it from part-time to full-time. There are no county matching funds required. Preparer: Rebecca T. Dickson Title: Director, Budget and Management 00004:1. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 3 Meetin~l Date: April 13, 2005 Item Number: 8.B.3. Subiect: Approval of FY2005 School Board Grant Mid-Year Revisions County Administrator's Comments: P~-a~~J /'~~ County Administrator: Board Action Requested: The School Board requests the Board of Supervisors to increase the FY2005 School Grants Fund instruction appropriation category by $60,315 and increase the FY2005 School Grants Fund pupil transportation appropriation category by $26,500 for a total change to the School Grants Fund of $86,815. Summary of Information: Chesterfield County Public Schools (CCPS) includes anticipated grant funding in their annual financial plan. In addition, staff applies for and receives additional grants at various times during the fiscal year. CCPS has received notification of the award of one (1) new grant that needs appropriation in order to spend the funds as intended. In addition, our Title IVe Partners with Social Services grant needs local funds of $26,500 to complete the payroll needs for 2005 and $30,343 has been received for training through the Governor's Technology Initiative Grant. All of these revisions total $86,815 requiring approval by the Board of Supervisors. Preparer: Billy K. Cannaday, Jr., Ed.D. Title: Superintendent Attachments: Ycs --]No # 000042 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 EVALUATION/ANALYSIS New Grant FY05 Teacher Mentor Development (State) $ 29,972 CCPS is the recipient of a special mentor teacher program during FY2005. These funds are to be used to implement and enhance mentor teacher programs in designated hard-to-staff schools. The funding level is based on the number of teachers with zero experience located in the hard-to-staff schools in CCPS. Revised Grants FY04 Title IVe Partners with Social Services $ 26,500 CCPS began this grant as partners with Social Services during FY2004. A bus driver and aide were to be funded with this grant but were not hired until late in FY2004; therefore, funds of $27,461 were left at the end of the school year. Because funding was not available for FY2005, CCPS was allowed to continue spending these funds for the same purpose in FY2005. The bus driver and aide salary and benefits will amount to $26,500 more than the available funding. Funds need to be transferred from the School Operating fund to cover this payroll need through June 30, 2005. Governor's Technology Initiative Grant $ 30,343 CCPS received reimbursement from the City of Richmond for technology training provided to that locality through our Governor's Technology Initiative Grant program. The payroll expenses occurred this year and Richmond City reimbursed CCPS for their share of the cost of training. Total revised grants Total appropriation increase $ 56,843 $ 86,815 O0004G CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Meeting Date: April 13, 2005 Budget and Management Comments: This item requests the Board to approve an $86,815 increase in the School Grants Fund (increase of $60,315 in Instruction and $26,500 in Pupil Transportation) to reflect the appropriate dollar amounts per approved grant agreements for FY2005. Included in these revisions is the addition of one new grant in the amount of $29,972 for a teacher mentoring program, to aid in filling positions in those schools that are more challenging to staff. Revisions are also requested for the Partners with Social Services grant which provides funding of $26,500 for a bus driver and aide, as well as $30,343 for reimbursement from the City of Richmond for technology training. Preparer: Rebecca T. Dickson Title: Director, Budget and Management 000044 VIRGINIA: At a regular meeting of the Chesterfield County School Board held Tuesday evening, Ma'rch 22, 2005, at seven-thirty o'clock in the County meeting room at the Chesterfield County Courthouse Complex PRESENT: Dianne E. Pettitt, Chairman Tom Doland, Vice-Chairman Elizabeth B. Davis James A. Schroeder Marshall W. Trammell, Jr. RESOLUTION On motion of Mrs. Davis seconded by Mr. Trammell, the School Board requests the Board of Supervisors to approve an increase of $29,972 in State revenue, an increase of $30,343 of reimbursed services revenue, and an increase of $26,500 of local transfer for an increase of $60,315 to the Instruction appropriation category and an increase of $26,500 to the Pupil Transportation appropriation category for the following grants: Grant Title Teacher Mentor Development Grant Title IV-e Partners w/Social Services Governor's Technology Initiative Grant Total increase to School Grants Fund Fundinq Source Amount State $ 29,972 Local Transfer 26,500 Local 30,343 $ 86,815 Carol Timpano ~ Clerk to the School Board Billy K.~annaday, J~.? E~.D. Superintendent ~ 000045 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of i Meetin~l Date: April 13, 2005 Subject: Item Number: 8.B.4.a. Set Public Hearing to Consider Amending the County's Emergency Response Cost Recovery Ordinance to Eliminate the Provision Relating to Driving Without a License or Driving with a Suspended or Revoked License County Administrator's Comments: /~ c,~/~ ~ /~ ~ ? County Administrator: Board Action Requested: The Board is requested to hold a public hearing on April 27, 2005 to consider revising the county's emergency response cost recovery ordinance to eliminate the provision which allows the county to recover its reasonable costs incurred for incidents relating to driving without a license or driving with a suspended or revoked license. Summary of Information: Pursuant to state law, the county has adopted an ordinance allowing the county to recover its expenses incurred for emergency responses to several categories of traffic offenses: the operation of a vehicle while impaired (DUI), reckless driving, driving without a license and leaving the scene of an accident. When originally adopted in 2002, the ordinance provided for cost recovery for only DUI incidents, but it was amended in August 2003 to include the other traffic offenses. The addition of the new offenses has greatly increased the number of invoices from approximately 100 per month to 400 per month. Since the addition of the additional offenses in August 2003, 65-70% of the invoices have been for offenses under the driving without a license category, but only 10% of the amount collected relates to those offenses. Consequently, the county has been spending significantly more staff time and financial resources on collecting for these offenses than it has recovered. After the adoption of the amendments staff will continue collection of the fee for all other listed offenses. Staff requests that the revised ordinance become effective as of May 1, 2005. Preparer: Steven L. Micas Attachments: Ycs Title: County Attorney 2723: 68565.1 (68564.1) # 000046 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 13-71 RELATING TO REIMBURSEMENT OF EXPENSES INCURRED IN RESPONDING TO DUI AND OTHER TRAFFIC INCIDENTS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 13-71 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 13-71. Reimbursement of expenses incurred in responding to DUI and other traffic accidents or incidents. (a) A person convicted of violating any of the following provisions shall be liable in a separate civil action for reasonable expenses incurred by the county or by any volunteer rescue squad, or both, when providing an appropriate emergency response to any accident or incident related to such violation. Personal liability under this section for reasonable expenses of an appropriate emergency response shall not exceed $1,000.00 in the aggregate for a particular accident or incident occurring in the county: (1) The provisions of Code of Virginia §§ 18.2-51.4, 18.2-266 or 29.1-738, as amended, or a similar county ordinance, when such operation of a motor vehicle, engine, train or watercraft while so impaired is the proximate cause of the accident or incident; (2) The provisions of Code of Virginia, tit. 46.2, ch. 8, art. 7 (§§ 46.2-852 et seq.), as amended, relating to reckless driving, when such reckless driving is the proximate cause of the accident or incident; and am , ........ e, ......... ~, ..... I~A !~ ........ A ~ (3)The provisions of Code of Virginia, ~ 46.2-894, as amended, relating to improperly leaving the scene of an accident. (b) In dete~ining "reasonable expenses", the county may bill a flat fee of $250.00 or a minute-by-minute accounting of the actual costs incu~ed. As used in this section "appropriate emergency response" includes all costs of providing law-enforcement, fire-fighting, rescue, and emergency medical se~ices. The cou~ may order as restitution the reasonable expenses incu~ed by the county for fire-fighting, rescue and emergency medical services. (c) The police depaament shall compile a repoa of the reasonable expenses of the appropriate emergency response for each accident or incident and fo~ard that info~ation to the county attorney's office or the accounting dep~ment for appropriate proceedings. The tim depaament shall have the same reposing requirements except for accidents or incidents for which restitution is sought. (2) That this ordinance shall become effective May 1, 2005. 2723:68564.1 00004'? CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: April 13, 2005 Item Number: 8.B.4.b. Subject: Set a Public Hearing to Consider an Ordinance Dividing Deer Run Voting Precinct in Matoaca District into Two Precincts and Changing the Polling Place for Winterpock Voting Precinct in Matoaca District County Administrator's Comments: . ~_~/~/~__/)~_ ?' ~W_~/ County Administrator: Board Action Requested: The Board is requested to set a public hearing for May 25, 2005 to consider the attached ordinance. Summary of Information: The Registrar is proposing to make two changes to County voting precincts and polling places which will increase the efficiency of the election process and the convenience of voting for County citizens. The proposed changes are as follows: Preparer: Steven L. Micas Attachments: Yes ~ No Title: County Attorney 0505: 68540.3- (68539.3-) 000048 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Split of Deer Run Voting Precinct in Matoaca Magisterial District: Due to population growth in Deer Run Voting Precinct, the population of the precinct now exceeds 5,000 registered voters, which is the maximum number of registered voters allowed in a voting precinct by state law. This has caused increased back-ups for voters on Election Day. Accordingly, the Registrar is proposing to divide Deer Run Voting Precinct into two precincts. The western part of Deer Run would remain Deer Run Precinct; however, the Eastern Portion of Deer Run would be split off to become Birkdale Voting Precinct. The attached map shows the boundaries of the proposed new Birkdale precinct The proposed voting place for Birkdale Voting Precinct is Spring Run Elementary School, which is more conveniently located for most voters in the proposed Birkdale Voting Precinct than the polling place for Deer Run Voting Precinct, which is the Clover Hill Library. Change of Polling Place for Winter]~ock Voting Precinct= The Registrar is proposing to return the polling place for Winterpock Voting Precinct to Bethia United Methodist Church. Bethia United Methodist Church had been the polling place for Winterpock Voting Precinct for many years, but the polling place was moved to Pire Station 19 at the request of the Church several years ago because the Church no longer felt that it could adequately serve as a polling place in light of the increased number of voters in Winterpock precinct. Recently, however, the Church has undergone an expansion and has indicated that it would like to resume its traditional role as polling place for Winterpock Precinct. The renovation has made the Church more accessible and convenient, and it is now a superior polling place for Winterpock in comparison to the Fire Station which currently serves in that capacity. If the Board approves these changes, they must be submitted to the United States Department of Justice (DOJ) for pre-clearance before they can be implemented. DOJ has a period of sixty days in which to act on the pre- clearance submission. Staff anticipates that all of these changes would be implemented before the general election this November. 0505: 68540.1 (68539.1) 000049 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 7-3 RELATING TO PRECINCT BOUNDARIES AND POLLING PLACES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 7-3 of the Code of the County o[ Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 7-3. Precinct boundaries and polling places. The following shall be the precinct boundaries and polling places for magisterial districts in the county: DEER RUN VOTING PRECINCT (302): Beginning at the point where the center line of Baldwin Creek Road (State Route 730) intersects the center line of U.S. Route 360 (Hull Street Road); thence eastward along the center line of U.S. Route 360 (Hull Street Road) to its intersection with Swift Creek; thence southward along the center line of Swift Creek to its intersection with Spring Run Creek; thence along the center line of Spring Run Creek as it meanders southward to its intersection with North Spring Run Road (State Route 654); thence westward along the center line of North Spring Run Road to its intersection with McEnnally Road; thence westward along the center line of McEnnally Road to its intersection with Winterpock Road; thence southward along the center line of Winterpock Road to its intersection with Beach Roa .......... v ..... e, .......................... v .... o ..... ............ ~ ....~ ........ x .............. / ..... h.t ..... t .......... (State v~,.,~ 659) *~ ;** ;.,, ..... .~,.~*; ..... ;,~ o~.~~.v~-a. re,.,~ D~,.,~ ~CCX. thence westw~d along the center line of Beach Road (State Route 655) to its intersection with Baldwin Creek Road (State Route 730); thence noahward along the center line of Baldwin Creek Road (State Route 730) to its intersection with U.S. Route 360 (Hull Street Road), the point and place of beginning. The voting place for Deer Run Voting Precinct shall be Clover Hill Library, 6701 Deer Run Drive. BIRKDALE VOTING PRECINCT (317) Beginning at the point where the center line of North Spring Run Road (State Route 654) intersects the center line of McEnnally Road; thence southeastwardly along the center line of North Spring Run Road (State Route 654) to its intersection with Spring Run Road (State Route 662); thence eastwardly along the center line of Spring Run Road (State Route 662) to its 0505:68539.1 1 O O 0 0 5 0 intersection with Hensley Road (State Route 659); thence southwestwardly along the center line of Hensley Road (State Route 659) to its intersection with Beach Road (State Route 655); thence westward along the center line of Beach Road (State Route 655) to its intersection with Winterpock Road; thence north along the center line of Winterpock Road to its intersection with McEnnally Road; thence eastwardly along the center line of McEnnally Road to its intersection with North Spring Run Road, the point and place of beginning. The voting place for Birkdale Voting Precinct shall be Spring Run Elementary School, 13901 Spring Run Road. WINTERPOCK VOTING PRECINCT (306): Beginning at the point where the center line of U.S. Route 360 (Hull Street Road) intersects the boundary line between the County of Chesterfield and the County of Amelia as said boundary line follows the Appomattox River in a southeastwardly direction to its intersection with the western line of Nooning Creek as flooded by Lake Chesdin; thence northwardly along the western line of Nooning Creek continuing along the center line of said creek to its intersection with the southwestern boundary line of census block 1007034014; thence in a northwardly direction along said boundary line to its intersection with Second Branch Road (State Route 653); thence northwardly along the center line of Second Branch Road (State Route 653) to its intersection with Beach Road (State Route 655); thence westward along the center line of Beach Road (State Route 655) to its intersection with Baldwin Creek Road (State Route 730); thence northwardly along the center line of Baldwin Creek Road (State Route 730) to its intersection with U.S. Route 360 (Hull Street Road); thence westward along the center line of U.S. Route 360 (Hull Street Road) to its intersection with the boundary line between the County of Chesterfield and the County of Amelia, the point and place of beginning. The voting place for Winterpock Voting Precinct shall be F:.re Stat]en 19 l'!.OlO Beach Read Bethia United Methodist Church, 10700 Winterpock Road. (2) That this ordinance shall become effective immediately upon adoption. 0505:68539.1 2 0000~ 0 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: April 13, 2005 Item Number: 8.B.4.c. Subiect: Set Public Hearing Date to Consider the Appropriation of Funds Received from the Department of Medical Assistance Services and Authorization to Execute Related Documents County Administrator's Comments: J~-.~"'r~v~'~ /~~ ;3 ? County Administrator: Board Action Requested: Set April 27,2005 to conduct a public hearing to consider the appropriation of up to $10,709,356 from the Department of Medical Assistance Services and authorize the County Administrator to execute documents and complete the transaction. Summary of Information' Lucy Corr Nursing Home, like virtually all other public and private nursing home facilities, receives a large percentage of its revenue form the federal Medicaid program. In Virginia the Department of Medical Assistance Services (DMAS) administers the Medicaid program pursuant to the Virginia State Medicaid Plan. Under the program, whenever Lucy Corr provides Medicaid- eligible services, it receives Medicaid reimbursement from DMAS. For years, DMAS has reimbursed Lucy Corr based on an established reimbursement schedule. In turn, the federal government reimburses DMAS. Last year, the Commonwealth realized that it was eligible under federal regulations to receive a large reimbursement amount. In order to recover this additional reimbursement, Medicaid regulations require DMAS to make enhanced payments in a lump sum to a public nursing home provider like Preparer: Bradford S. Hammer Title: Deputy County Administrator Attachments: [-~ Yes No 000053 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Lucy Corr. On June 24, 2001, the Commonwealth amended the Virginia State Medicaid Plan to permit recovery of enhanced payments. The Commonwealth has planned and the Health Care Financing Administration has authorized, transactions which for the County will total $10,709,356. Under the plan, participating localities will borrow respective shares of the Statewide total. The borrowed funds will be transferred to a state account, then returned to the local account and used to repay the loans. In addition, the Commonwealth will pay an incentive fee of about 1.5% of the transaction amount, and pay an amount to cover transaction costs, to the locality. DM_AS calculates this fee to total $266,129 that the locality can use for any purpose. The Health Center Commission will use 100% of the actual incentive payment to pay off a portion of the outstanding loan ($694,000) with the County. Because this money will have to be appropriated and the amount will exceed $500,000 a public hearing is required by law. Staff also asks the Board to authorize the County Administrator to execute all necessary closing documents, which will be substantially in the form of the documents attached, subject to approval as to form by the County Attorney. 000054 Meetin~l Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I April 13, 2005 Item Number: 8.B.5.a. Subject: Resolution Confirming Proceedings of the Chesterfield County Industrial Development Authority for Issuance of Industrial Revenue Bonds not to Exceed $9,100,000 to Assist ACI Building and Development, LLC in Acquiring, Constructing, and Equipping and Development of a Manufacturing Facility of Approximately 132,000 Square Feet to be Located on 21 acres of land on Battery Brook Parkway in Chesterfield County, Virginia County Administrator's Comments: ½'~_~.~~ County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors adopt the attached resolution. Summary of Information: On March 17, 2005, the Chesterfield Industrial Development Authority held a public hearing and approved the financing of Industrial Revenue Bonds in the amount not to exceed $9,100,000. This issuance will be used to acquire, construct and equip a 132,000 square foot development to be located on Battery Brook Parkway, near its intersection with Coach Road in Chesterfield County, Virginia. The manufacturing facility will be built for Atlantic Constructors Incorporated. They make and erect specialty steel construction. There will be 150 employees on site in Chesterfield County. Their headquarters will now be Chesterfield and they will have a total of 475 employees on their payroll out of Chesterfield. Preparer: James G. Dunn Title: Director, Economic Development Attachments: Ycs [No # 000055 SUMMARY OF PUBLIC HEARING The undersigned officer 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 Thursday, March 17, 2005 at 3:30 p.m. pursuant to proper notice given to each Director of the Authority prior to such meeting. The meeting was held in the Authority's offices at the Chesterfield County Office of Economic Development at 9401 Courthouse Road, Suite B, Chesterfield, Virginia. The meeting was open to the public. The time of the meeting and place at which the meeting was held provided a reasonable opportunity for persons of differing views to appear and be heard. 2. The Chairman announced the commencement of the public heating on the application of ACI Building & Development, LLC ("ACI"). A notice of the public heating was published once a week for two successive weeks in a newspaper having general circulation in Chesterfield County (the "Notice"). A copy of the certification of publication for the Notice is attached hereto as Exhibit A. 3. The individuals identified on Exhibit B attached hereto appeared and addressed the Authority. A summary of the statements made at the public hearing by such individuals is included on Exhibit B. 4. Attached hereto as Exhibit C is a true, correct and complete copy of a resolution (the "Inducement Resolution") adopted by a majority of the Directors of the Authority present at such meeting. The Inducement Resolution constitutes all formal action taken by the Authority at the March 17, 2005 meeting relating to matters referred to in the Inducement Resolution. The Inducement Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. 5. Attached hereto as Exhibit D is a copy of ACI's Fiscal Impact Statement. 6. Attached hereto as Exhibit E is a draft of a Resolution to be presented to the Board of Supervisors of the County of Chesterfield, Virginia. March ~.__~, 2005 INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD t~tle: c~ ~ W-~ t~ to Exhibit A - Certificate of Publication for Notice Exhibit B - Summary of Statements Exhibit C - Inducement Resolution Exhibit D - Fiscal Impact Statement Exhibit E - Resolution for the Board of Supervisors 1348288v 1032289.000002 000056 An Affiliate of Media General Advertising Affidavit (This is not a bill Please pay from invoice) 'F~XHIBIT A P.O. Box 85333 Richmond, Virginia 23293-0001 (804) 649-6000 TROI ITMAN RANI3ER.R MA¥.q ~'. VAI.ENTINE ATTN: KAREN EARI.R PO ROX 1122 rlc~-r~o~ VA 2321 Account Num. 923552 03/10/2005 Date Code Description Ad Size Total Cost 03/1012005 121 NOTICE OF PI IR!.TC HEARING ON PROPO.qED REV 2.00 x 40.00 1.01 1.74 Media General Operations, Inc. Publisher of THE RICHMOND TIMES-DISPATCH This is to certify .that the attached NOTICE OF PT 'IRT.TC REARIN was published by Richmond 'nines-Dispatch, Inc. in the City of Richmond, State of Virginia;on the following dates: 03/03/2005 03/10/2005 The first insertion being given .... o3/o3/2oo.~ NeWsPaper. reference: 2007035. Sworn, to and, SubsCribed:before State of Virgin'm / / City of Richmond My Commission expires THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU 000057 NOTICE OF PUBLIC HEARING ON PROPOSED REVENUE BOND FINANCING BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD Notice is hereby given that the Industrial Development Authority of the County of Chesterfield (the "Authority") will hold a public hearing on the application and plan of financing of ACI Building & Development, LLC (the "Borrower"), for the Authority to issue, pursuant to the Virginia Industrial Development and Revenue Bond Act (the "Act") up to $9,100,000 of its industrial development revenue bonds (the "Bonds"). The proceeds of the Bonds will be used to assist the Borrower in acquiring, constructing, equipping and developing a manufacturing facility of approximately 132,000 square feet (the "Project"). The Project will be located in the County of Chesterfield, Virginia, on approximately 21.43 acres of land on Battery Brook Parkway, near its intersection with Coach Road, contiguous with and just west of the Rehrig Manufacturing facility. It is expected that the Project will be owned by the Borrower and leased to its affiliated-entity, Atlantic Constructors, Inc. (the "Lessee"), for the purpose of manufacturing and processing structural and miscellaneous steel components and sheet metal duct work, piping, stairs, cat walks, etc. It is possible, however, that the Lessee may be substituted for the Borrower or may be a co-borrower. The Borrower is a Virginia limited liability company and the Lessee is a Virginia corporation. Both the Borrower and the Lessee have their principal place of business at 4500 Oakleys Lane, Richmond, Virginia 23221. The public hearing, which may be continued or adjourned, will be held at 3:30 p.m. on Thursday, March 17, 2005, before the Authority in the conference room of the Chesterfield County Economic Development Department at 9401 Courthouse Road, Suite B, Chesterfield, Virginia. As required by the Act, the Bonds will not pledge the credit or the taxing power of the County of Chesterfield, Virginia, or the Authority, but will be payable solely from revenues derived from or on behalf of the Borrower and the Lessee and pledges therefor. Any person interested in the issuance of the Bonds or the location or nature of the Project may appear and be heard. A copy of the Borrower's application may be inspected at the Authority's office at the Chesterfield County Economic Development Department at 9401 Courthouse Road, Suite B, Chesterfield, Virginia 23832 and written comments to the Authority may be sent to such address or to Post Office Box 760, Chesterfield, Virginia 23832. Industrial Development Authority of the County of Chesterfield 1344886v2 032289.000001 0o0O58 EXHIBIT B SUMMARY OF STATEMENTS MADE AT PUBLIC HEARING Members of the Public Appearing Before the Authority: Arthur M. Hungerford III, President and CEO, ACI Building & Development, LLC Sandra Jones McNinch, Troutman Sanders LLP, Bond Counsel Summary of Statements Made by Members of the Public: The individuals named above reviewed the plans for financing the acquisition, construction, equipping and development of a manufacturing facility expected to be owned by ACI, leased by ACI to Atlantic Constructors, Inc. and used by Atlantic Constructors, Inc. in its business of manufacturing and processing structural and miscellaneous steel components and sheet metal duct work, piping, stairs, cat walks, etc. Such individuals answered questions from the Authority regarding such matters. Such individuals reiterated that completing the financing through the Authority would reduce ACI's borrowing costs and would assist ACI in adding to the employment base and tax base in Chesterfield County. 1348288vl 032289.000002 000059 EXHIBIT C INDUCEMENT RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD The Industrial Development Authority of the County of Chesterfield (the "Authority") is empowered by the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended (the "Act"), to issue its revenue bonds for the purposes of, among other things financing manufacturing, industrial and commercial facilities, thereby benefiting the residents of the Commonwealth of Virginia (the "Commonwealth") through the increase of their commerce and through the promotion of their safety, health, welfare, convenience and prosperity. The Authority has received a request from ACI Building & Development, LLC, a Virginia limited liability company ("ACI"), requesting that the Authority issue its revenue bonds to assist ACI in financing the acquisition, construction, equipping and development of a manufacturing facility of approximately 132,000 square feet (the "Project"). The Project will be located in the County of Chesterfield, Virginia (the "County"), on approximately 21.43 acres of land on Battery Brook Parkway, near its intersection with Coach Road, contiguous with and just west of the Rehrig Manufacturing facility. The Project will be owned by ACI and leased to its affiliated-entity, Atlantic Constructors, Inc. (the "Lessee"), for the purpose of manufacturing and processing structural and miscellaneous steel components and sheet metal duct work, piping, stairs, cat walks, etc. ACI has advised the Authority that the estimated cost of acquiring, constructing, equipping, developing and financing the Project will require an issue of revenue bonds in an aggregate principal amount now estimated not to exceed $9,100,000. Just prior to the consideration of this Inducement Resolution, a public hearing was held by the Authority on the Project and the issuance of such revenue bonds, following reasonable public notice, as required by, and in compliance with, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code") and Section 15.2-4906 of the Act. The Authority desires to recommend approval of the Project and the issuance of such revenue bonds to the Board of Supervisors of the County of Chesterfield, Virginia (the "Board"). NOW, THEREFORE, BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD: 1. It is hereby found and determined that the acquisition, construction, equipping, development and financing of the Project will increase the commerce of the residents of the Commonwealth and will promote their safety, health, welfare, convenience and prosperity. 2. As a further inducement to ACI and the Lessee to acquire, construct, equip and develop the Project in the County, the Authority hereby agrees to assist ACI in every reasonable way to finance the acquisition, construction, equipping and development of the Project and to undertake the issuance of its qualified small issue revenue bonds or notes in an aggregate principal amount now estimated not to exceed $9,100,000 (the "Bonds") upon terms and conditions mutually agreeable to 000060 the Authority and ACI. The proceeds of the Bonds shall be loaned to ACI pursuant to a loan agreement, the terms of which loan agreement shall obligate ACI to make payments to or on behalf of the Authority sufficient to pay interest on, premium (if any), and principal of the Bonds and to pay all other expenses in connection with the Project. The Bonds will be issued pursuant to documents satisfactory to the Authority and a bond trustee or the purchaser of the Bonds which (a) will set forth the form and terms of the Bonds and (b) as security for the Bonds, will assign the Authority's rights to payments under the loan agreement with ACI to the bond trustee or the purchaser of the Bonds. The Bonds may also be secured by other collateral. The Bonds shall be issued after the Authority has received the approving opinion of bond counsel as to the qualification of the Bonds under the Act. The Bonds may be issued at one time or from time to time in one or more series. ACI will provide for an acceptable bank letter of credit or for the purchase of the Bonds by a financial institution in a private placement; provided, that in either event, retail distribution of the Bonds in authorized principal denominations of less than $100,000 shall not be permitted. Principal of and premium, if any, and interest on the Bonds shall be limited obligations of the Authority payable solely from the revenues and receipts derived by the Authority under the loan agreement and the security therefor. The principal of and premium, if any, and interest on the Bonds shall not be deemed to constitute a debt or pledge of the faith and credit of the Commonwealth or any political subdivision thereof, including the Authority and the County. Neither the Commonwealth nor any political subdivision thereof, including the Authority and the County, shall be obligated to pay the principal of or premium, if any, or interest on the Bonds or other costs incident thereto except from payments received pursuant to the loan agreement and the security therefor, and neither the faith and credit nor the taxing power of the Commonwealth or any political subdivision thereof, including the Authority and the County, will be pledged to the payment of the principal of or premium, if any, or interest on the Bonds or other costs incident thereto. No covenant, condition or agreement contained in the Bonds or in any financing instrument executed and delivered in connection therewith shall be deemed to be a covenant, condition or agreement of any past, present or future director, officer, employee or agent of the Authority in his or her individual capacity, and no officer of the Authority executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. 3. It having been represented to the Authority that it is necessary to proceed immediately with the acquisition, construction, equipping, development and financing of the Project, the Authority hereby agrees that ACI may proceed to develop further plans for the Project, enter into contracts for the acquisition, construction, equipping, development and financing of the Project and take such other steps, including interim borrowing, as ACI may deem appropriate in connection therewith, including the location of a purchaser or purchasers for the Bonds; provided that nothing herein shall be deemed to authorize ACI 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 or the Bonds. The Authority agrees that ACI may be reimbursed from the proceeds of the Bonds for all expenditures so made and costs so incurred, insofar as such expenditures and costs are properly reimbursable under the Act and applicable state and federal laws. 4. All fees, costs and expenses in connection with the acquisition, construction, equipping, development and financing of the Project, including the Authority's administrative fee and -2- 00006:1. the other fees and expenses of the Authority, bond counsel and Authority counsel, shall be paid from the proceeds of the Bonds or from moneys provided by ACI or the Lessee. If for any reason such Bonds are not issued, it is understood that all such expenses shall be paid by ACI or the Lessee and that the Authority shall have no responsibility therefor. 5. By submitting this Inducement Resolution to the Authority, ACI has agreed to indemnify and save harmless the Authority, its officers, directors, employees and agents from and against all liabilities, obligations, claims, damages, penalties, losses, costs and expenses in any way connected with the Project or the Bonds. Further, by submitting this Inducement Resolution to the Authority, ACI has agreed to pay the Authority the fees set forth in the Authority's application materials. 6. In adopting this Inducement Resolution, the Authority intends to declare its "official intent" to allow for the use of the proceeds of the Bonds to reimburse ACI, the Lessee or the Authority for "original expenditures" associated with the development or financing of the Project, to the full extent permitted by U. S. Treasury Regulation Section 1.150-2. The Authority (based solely upon information provided by ACI and the Lessee), ACI and the Lessee reasonably expect that they will reimburse the "original expenditures" with the proceeds of the Bonds. 7. Adoption of this Inducement Resolution by the Authority does not carry with it any representation or assurance that any portion of the State Ceiling, as set forth in Chapter 50 of Title 15.2 of the Code of Virginia of 1950, as amended, will be allocated to the Bonds. Upon approval by the Board, an application for an allocation under the State Ceiling may be filed on behalf of the Authority. 8. The Authority hereby recommends and requests that, within sixty days hereof, the Board approve the issuance of the Bonds and the acquisition, construction, equipping, development and financing of the Project. The Authority hereby directs the Secretary or Assistant Secretary of the Authority to submit to the Board this Inducement Resolution, the Fiscal Impact Statement submitted by ACI, and a summary of the comments made at the public hearing held by the Authority. 9. As requested by ACI, the Authority approves the use of Troutman Sanders LLP as bond counsel for the Bonds. 10. The financing arrangements and structure for the Bonds has not yet been finally determined. It is expected that the Project will be owned by ACI and leased to the Lessee. It is possible, however, that the Lessee may be substituted for ACI or may be a co-borrower. The Authority agrees that the approvals and consents given to ACI in this Inducement Resolution will also extend to the Lessee. 11. Neither the Authority, including its officers, directors, employees and agents, nor the County shall be liable and hereby disclaim all liability to ACI and the Lessee and all other persons or entities for any damages, direct or consequential, resulting from the failure of the Authority to issue the Bonds for any reason. 000062 -3- 12. All other acts of the Authority that are in conformity with the purposes and intent of this Inducement Resolution and in furtherance of the issuance and sale of the Bonds and the acquisition, construction, equipping, development and financing of the Project are hereby ratified, approved and confh'med. 13. This Inducement Resolution shall take effect immediately upon its adoption. All or a portion of the Bonds issued hereunder shall be issued within two years of the date of the adoption of this Inducement Resolution, unless this Inducement Resolution is extended by the Authority. Adopted: March 17, 2005. -4- 000063 CERTIFICATE The undersigned Secretary of the Industrial Development Authority of the County of Chesterfield (the "Authority"), certifies that: 1. A meeting of the Authority was held on March 17, 2005, at the time and place established and noticed by the Authority, at which the following members were present and absent: PRESENT/ABSENT: James A. Spencer X /.~ John W. Hughes X / John L. Ruckart, Jr. X / John V. Cogbill llI X /~ Lloyd A. Lenhart X / James E. Briggs X /.~ Willie Lanier × /.~ 2. The foregoing Inducement Resolution was adopted by a majority of the quorum of the Authority present by a roll call vote, the ayes and nays being recorded in the minutes of the meeting as shown below: VOT~ James A. Spencer Ave John W. Hughes Ave John L. Ruckart, Jr. Ave John V. Cogbill m Aye Lloyd A. Lenhart A_ge James E. Briggs Aye Willie Lanier Aye 3. The foregoing Inducement Resolution is a true and correct copy of such Inducement Resolution as adopted on March 17, 2005. The foregoing Inducement Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. WITNESS my signature and the seal of the Industrial Development Authority of the County of Chesterfield, this 17th day of March, 2005. /,i' ..... ~:;~7~ ~ _~ ;Secretary, industrial Development/3~'~ority of the County of Chesterfield (SEAL) -5- 000064 EXHIBIT D FISCAL IMPACT STATEMENT Date: March 17, 2005 ACI BUILDING & DEVELOPMENT, LLC ATLANTIC CONSTRUCTORS, INC. MANUFACTURING FACILITY 1. Maximum amount of financing sought $ 9,100,000 2. Estimated taxable value of the facility' s real property to be constructed in the locality $ 7,500,000 3. Estimated real property tax per year using present tax rates $ 76,500 4. Estimated personal property tax per year using present tax rates $ 15,000 5. Estimated merchants' capital tax per year using present tax rates $ 0 6. (a) Estimated dollar value per year of goods that will be purchased from Virginia companies within the locality $ 1,643,000' (b) Estimated dollar value per year of goods that will be purchased from non-Virginia companies within the locality $ 850,000* (c) Estimated dollar value per year of services that will be purchased from Virginia companies within the locality $ 322,000* (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 4,560,000* 475 8. Average annual salary per employee $ 43,789.72# 1349054vl 032289.003 INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD By/~~ ~anJ~h fl~ ate Although ACI does not tr~(c)(its purchases of goods and services in a way which would fac' 't its ability to respond to tl~se breakdowns precisely, ACI purchased approximately $17,000,000 in goods and approximately $7,600,000 in services in 2004. In addition to the amounts listed in 6(a) and (c) as purchases from Virginia companies in Chesterfield County, ACI estimates that 5% of its goods and 60% of its services are purchased from non-Virginia companies in Chesterfield County. ACI makes every effort to buy locally to support the local economy as well as to ensure local support of our needs. This number does not include employee benefits. 000065 EXHIBIT E RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD~ VIRGINIA The Industrial Development Authority of the County of Chesterfield (the "Authority"), has considered the application of ACI Building & Development, LLC ("ACI"), requesting the issuance of the Authority's revenue bonds in a principal amount not to exceed $9,100,000 (the "Bonds"). The proceeds of the Bonds will be used to assist ACI in financing the acquisition, construction, equipping and development of a manufacturing facility of approximately 132,000 square feet (the "Project"). The Project will be located in the County of Chesterfield (the "County") on approximately 21.43 acres of land on Battery Brook Parkway, near its intersection with Coach Road, contiguous with and just west of the Rehrig Manufacturing facility, and the new building will contain approximately 132,000 square feet of space. The Project will be owned by ACI and leased to its affiliated-entity, Atlantic Constructors, Inc. (the "Lessee"), for the purpose of manufacturing and processing structural and miscellaneous steel components and sheet metal duct work, piping, stairs, cat walks, etc. ACI is a Virginia limited liability company and the Lessee is a Virginia corporation. Both ACI and the Lessee have their principal place of business at 4500 Oakleys Lane, Richmond, Virginia 23221. Section 147(f) 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 (the "Virginia Code") provide that the highest elected governmental unit of the locality having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds. The Authority issues its bonds on behalf of the County and the Project is located in the County. The Board of Supervisors of the County of Chesterfield, Virginia (the "Board") constitutes the highest elected governmental unit of the County. Following the public heating held by the Authority on March 17, 2005, the Authority adopted a resolution (the "Inducement Resolution") in which it recommended and requested that the Board approve of the issuance of the Bonds by the Authority. A copy of the Inducement Resolution, a brief summary of the Authority's public heating and ACI's Fiscal Impact Statement have been filed with the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: 1. The Board approves the issuance of the Bonds by the Authority in a principal amount not to exceed $9,100,000 for the benefit of ACI, as required by Section 147(f) of the Code and Section 15.2-4906 of the Virginia Code, to permit the Authority to assist in the financing of the Project. 000066 2. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the creditworthiness of the Project or ACI, but, as required by Section 15.2-4909 of the Virginia Code, 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 and credit nor the taxing power of the Commonwealth of Virginia nor any political subdivision thereof, including the County and the Authority, shall be pledged thereto. 3. ACI has informed the Authority that the financing arrangements and structure for the Bonds have not yet been finally determined. It is expected that the Project will be owned by ACI and leased to the Lessee. It is possible, however, that the Lessee may be substituted for ACI or may be a co-borrower. The Board agrees that the approvals and consents given for the benefit of ACI in this Resolution will also extend to the Lessee. 4. This Resolution shall take effect immediately upon its adoption. Adopted: ,2005 A Copy Teste: (SEAL) Clerk, Board of Supervisors of the County of Chesterfield, Virginia 1348303vl 032289.000002 000067 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: Subiect: April 13, 2005 Item Number: 8.B.5.b. Adoption of Resolution Publicly Acknowledging that the National Incident Management System (NIMS) is Established as the County Standard for Incident Management County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to publicly acknowledge the National Incident Management System (NIMS) as the County standard for incident management. Summary of Information: A National Incident Management System (NIMS), will provide a consistent nationwide approach for Federal, State, and local governments to work together more effectively and efficiently to prevent, prepare for, respond to and recover from domestic incidents, regardless of cause, size or complexity. The NIMS standardized procedures for managing personnel, communications, facilities and resources will improve the county's ability to utilize federal funding to enhance local agency readiness, maintain first responder safety, and streamline incident management processes. Preparer: Paul W. Mauqer Attachments: Yes ~ No Title: Fire Chief 000065 Resolution of the BOARD OF SUPERVISORS of CHESTERFIELD COUNTY, VIRGINIA Recognizing the National Incident Management System WHEREAS, the Board of Supervisors of Chesterfield County, Virginia, does hereby find as follows: WHEREAS, the President of the United States of America in Homeland Security Directive (HSPD)-5, directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS), which would provide a consistent nationwide approach for Federal, State, and local governments to work together more effectively and efficiently to prevent, prepare for, respond to and recover from domestic incidents, regardless of cause, size or complexity; WHEREAS, the collective input and guidance from all federal, state, and local homeland security partners has been, and will continue to be, vital to the development, effective implementation and utilization of a comprehensive NIMS; WHEREAS, it is necessary and desirable that all federal, state, and local emergency agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management; WHEREAS, to facilitate the most efficient and effective incident management it is critical that federal, state, and local organizations utilize standardized terminology, standardized organizational structures, interoperable communications, consolidated action plans, unified command structures, uniform personnel qualification standards, uniform standards for planning, training, and exercising, comprehensive resource management, and designated incident facilities during emergencies or disasters; WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities and resources will improve the county's ability to utilize federal funding to enhance local agency readiness, maintain first responder safety, and streamline incident management processes, WHEREAS, the Incident Command System components of NIMS are already an integral part of various county incident management activities, including current emergency management training programs and the Chesterfield Emergency Operations Plan; and WHEREAS, Commission) System. the National Commission on Terrorist Attacks (9-11 recommended adoption of a standardized Incident Command NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly acknowledges that the National Incident Management System (NIMS) is established as the County standard for incident management and formally adopts the NIMS principles and policies. 000069 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 13, 2005 Item Number: 8.B.5.c. Subiect: Resolution to Readopt the Updated Emergency Operations Plan with Annexes for Chesterfield County as Required by the Commonwealth of Virginia Emergency Management and Disaster Law of 1973, Title 44, Chapter 3.2, Section 44-146.33 through 44-146.28, Code of Virginia County Administrator's Comments: County Administrator: Board Action Requested: The Board to adopt the resolution modifying and updating the Emergency Operations Plan with annexes. Summary of Information: The Commonwealth of Virginia and Federal Government statutes require the adoption of an Emergency Operations Plan with annexes for each locality every five years. The Emergency Operations Plan and annexes for Chesterfield County have been modified and updated, and require adoption by the Board of Supervisors. The staff requests that the Board of Supervisors adopt the new plan by resolution. Preparer: Lynda F. Price Attachments: Ycs Title: Emergency Management Coordinator oooo RESOLUTION WHEREAS, there exist dangers of many types including man-made disasters, natural disasters and possible hostile actions of an unknown enemy; and WHEREAS, the safety and protection of the citizens and property are the foremost concern to the Board of Supervisors of Chesterfield County; and WHEREAS, the revision of the Emergency Operations Plan will bring Chesterfield County compliant with the National Incident Management System, also known as NIMS; and WHEREAS, the Board of Supervisors desires and the Commonwealth of Virginia and federal government require the adoption of appropriate planned protection measures. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of Chesterfield this 13th day of April 2005 that it hereby adopts the Chesterfield County Emergency Operations Plan with annexes as written as the necessary basic plan for county emergency management. 00007 . CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 13, 2005 Item Number: 8.B.5.d. Subject: Resolution Recognizing Mrs. Deborah C. Franciscus, Police Department, Upon Her Retirement County Administrator's Comments: County Administrator: Board Action Requested: The adoption of the attached resolution. Summary of Information: Deborah C. Franciscus retired from the Police Department after having provided 23 years of service to the citizens of Chesterfield County. Preparer: Colonel Carl R. Baker Attachments: Yes ~ No Title: Chief of Police # 0000'7~ RECOGNIZING MRS. DEBORAH C. FRANCISCUS UPON HER RETIREMENT WHEREAS, Mrs. Deborah C. Franciscus began her public service with Chesterfield County as Dispatcher in the Police Department on August 17, 1981 and has faithfully served the county for twenty-three years; and WHEREAS, Mrs. Franciscus has served the Police Department in the capacity of Dispatcher, Police Aide, Sr. Clerk Typist, Secretary, and Administrative Secretary; and WHEREAS, Mrs. Franciscus was the recipient of the 1995 Mason T. Chalkley Civilian Employee of the Year Award in recognition of her dedicated work and professionalism; and WHEREAS, Mrs. Franciscus has received numerous letters of appreciation and thanks for the excellent customer service she has provided to her fellow employees, the citizens of Chesterfield County, and members of outside agencies who were visitors to the Eanes-Pittman Public Safety Training Center; and WHEREAS, Mrs. Franciscus has been instrumental in the successful organization of Police Academy Graduations, the Police Retiree's picnics, and various other functions, for many years; and WHEREAS, Mrs. Franciscus displayed excellent organizational skills while providing assistance with the Public Safety Communications System project, for which she was recognized for her ~unfaltering support of the project and the team members"; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Mrs. Franciscus' diligent service. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby recognizes Mrs. Deborah C. Franciscus and extends on behalf of its members and the citizens of Chesterfield County appreciation for her dedicated service to the county. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mrs. Franciscus, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County. 000073 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 13, 2005 Item Number: 8.B.5.e. Subject: Resolution Recognizing April 10-16, 2005 as Telecommunications Week" in Chesterfield County "National Public Safety County Administrator's Comments: County Administrator: Board Action Requested: Adoption of attached resolution. Summary of Information: Staff requests that the Chesterfield County Board of Supervisors publicly declare the week of April 10-16, 2005 as "National Public Safety Telecommunications Week" in Chesterfield County, in honor of the men and women whose diligence and professionalism keep our county and citizens safe. Preparer: Barbara H. Mayfield Title: Director Attachments: Ycs -~No # 000074 RECOGNIZING APRIL 10-16, 2005, AS "NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK" WHEREAS, Emergency Communications Officers are the first and most critical contact our citizens have with emergency services; and WHEREAS, Chesterfield County citizens depend on the skill, expertise, and commitment of these communications professionals; and WHEREAS, Emergency Communications Officers are the single vital link for our police officers, sheriff deputies, animal control units, firefighters and emergency medical personnel by monitoring their activities by radio, providing them information and ensuring their safety; and WHEREAS, Emergency Communications Officers of the Chesterfield Emergency Communications Center have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients; and WHEREAS, each Emergency Communications Officer has exhibited compassion, understanding and professionalism during the performance of their job in the past year. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the week of April 10-16, 2005, as "National Public Safety Telecommunications Week" in Chesterfield County, in honor of the men and women whose diligence and professionalism keep our county and citizens safe. 0000'75 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meetin~l Date: April 13, 2005 Item Number: 8.B.5.f. Subiect: Resolution Recognizing the Third Week in April, as "Volunteer Appreciation Week" in Chesterfield County County Administrator's Comments: County Administrator: Board Action Requested: Adopt the attached resolution. Summary of Information: The attached resolution is to recognize: First ~National Volunteer Week" was recognized in 1973. Further support came through presidents, mayors, and other officials signing proclamations. For recognition of Chesterfield County residents who have volunteered over millions of hours to this county government and the whole county! at-large. For commitment to increase awareness, expansion of volunteer opportunities within Chesterfield County, and, recognition of our valuable volunteers. Preparer: N,qozi Ukeie Title: Attachments: Yes ~-] No Volunteer Coordinator RECOGNIZING THE THIRD WEEK IN APRIL, AS ~VOLUNTEER APPRECIATION WEEK" IN CHESTERFIELD COUNTY WHEREAS, volunteers contribute significantly to the quality of life in Chesterfield County, in the Commonwealth, and in the nation; and WHEREAS, volunteering is recognized as an integral part of the government and industry in contributing to the achievements that enhance our nation; and WHEREAS, volunteers provide the human resources for programs that strengthen our community and add to the quality of life in Chesterfield; and WHEREAS, volunteers enrich our cultural diversity with their backgrounds, experiences and talents; and WHEREAS, volunteers bring energy and wisdom together by bridging the gap between younger and older generations; and WHEREAS, volunteers enable us to meet and often exceed the strategic goals of the organization, thereby increasing the quality of service provided to citizens. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the third week in April, as ~Volunteer Appreciation Week" in Chesterfield County and urges all citizens to honor volunteers for their contributions to the county. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 13, 2005 Item Number: 8.B.6.a. Subiect: Acceptance of a Parcel of Land Along the East Right of Way Line of Old Stage Road from William H. Parsons, III and Elizabeth D. Parsons County Administrator's Comments: County Administrator: Board Action Requested: Accept the conveyance of a parcel of land containing 0.035 acres from William H. Parsons, III and Elizabeth D. Parsons, and authorize the County Administrator to execute the deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of a parcel of land containing 0.035 acres along the east right of way line of Old Stage Road (State Route 732). This dedication is for a turn lane for Battery Dantzler Road and Court. Approval is recommended. District: Bermuda Preparer: John W. Harmon Title: Riqht of Way Mana.qer Attachments: Ycs No 000076 VICINITY SKETCH ACCEPTANCE OF A PARCEL OF LAND ALONG THE EAST RIGHT OF WAY LINE OF OLD STAGE ROAD FROM WILLIAM H PARSONS !!i AND ELIZABETH D PARSONS 00 ~0 EXIT 61 ipRLNG RD N Chesterfield County' Depar[ment of Utilities 1 Ilcl eqma~ ~6~? aet 0 0 00'7"F BERMUDA TRIANGLE PROPERTY LP OB 2886 PG 725 PIN NO. 804-655-2647-00000 1851 BATTER DANTZLER RD. LI N84'OS'lS"E 10.05' 1.2 S01'26'42"E 26.58' 1.5 N8g'54'50'W 10.00' L4 NOl'26'42'W 25.66' ARCHIE I LYNCH 08 985 PG 279 PIN No. 803-655-7579-00000 12501 OLD STAOE RD. CO. PROd. No. 04-0150 CO. SITE PLAN No. 04PR0325 WILLIAM H. PARSONS, III & EUZASD'H O. PARSONS OB 4457 I:~ 459 PIN No. 80`3-65,5-796,,x-O0000 12505 OLD STAGE RD ORE2. B. BABCOCK & B.L BABCOCK DB 20,10 I:~ 167 PIN No. 803-655-8949-00000 12~11' OLD STAGE RD 20' TEMPORARY CONSTRUCTION ESM'T. 10' DEDICATION 0.055 AC. BIJ~ L ANO BARBARA P. ~ OB 1040 I~ 491 PIN No. 805-655-6947-00000 125O90LO STAGE RD SCALE: 1' ,- 50' JN 584.6RW4 50 0 .50 100 GRAPHIC SCALE: 1' = 50' PLAT SHOWING A 0.055 ACRE PARCEL OF LAND TO BE DEDICATED TO THE COUNTY OF CHESTERFIELD ACROSS THE PROPERTY OF WILLIAM H. PARSONS III AND EUZABETH O. PARSONS LOCATED IN THE BERMUDA DISTRICT, CHESTERFIELD COUNTY, VIRGINIA GENE WATSON &:'ASSOCIATES, P.C. REV.: 06-10-04 4221 BONNIE BANK RD. DATE: 0,3-22-04 RICHMOND, VIRGINIA 2,3234 (804) 271-8038 RI.E: CBT-5619RW4 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 13, 2005 Item Number: 8.B.6.b. Subiect: Acceptance of a Parcel of Land Along the West Right of Way Line of Iron Bridge Road from Shoosmith Brothers, Incorporated County Administrator's Comments: /~¢_~..,-/¢..~,~ ,d~ //-~c,¢_.~-[/~ County Administrator: BoardAction Requested: Accept the conveyance of a parcel of land containing 0.18 acres along the west right of way line of Iron Bridge Road (State Route 10) from Shoosmith Bros., Inc., and authorize the County Administrator to execute the deed. Summary of Information: It is the policy of the county to acquire right of way whenever possible through development to meet the ultimate road width as shown on the County Thoroughfare Plan. The dedication of this parcel conforms to that plan, and will decrease the right of way costs for road improvements when constructed. District: Dale Preparer: John W. Harmon Title: Right of Way Manager Attachments: Yes --] No ~000079 VICINITY SKETCH ACCEPTANCE OF A PARCEL OF LAND ALONG THE WEST RIGHT OF WA Y LINE OF IRON BRIDGE ROAD FROM SHOOSMITH BROS INC DGE PKW¥ WOO t oN ~ Chesterfield County Department of Utilities 1 bcl eq~al~ 625]]0 ~et O000SO Curve Table Curve Lencjth Radius Tanc, lent ChdBr Chd Delta Cl 67.90' 809,06' 33,99' S29'11°57"W 57.{~7' 6'23'1§" C2 1.65' 509,0~' O,8,Y $2~'05'00'W 1.85' 0'09'21" C3 413,76' 3899,72' 207.07' S18'34'46"E 413,56' 6'04'45" C4 35,90' 3899.72' 17.9~)' $13'48'13'E 35,90' 0'31'39" C5 396.30' 3879,72' 198,32' S1§'~4'30"E 395.13' 5'51'09" N3655949.90 E 11772611.00 Line Table Line Length Bearin(~ L1 209.74' S73'10'55"W L2 41.13' S62'00'55"W L3 13.37' S62'00'55"W L4 22,96' N29'43'OT"W L5 57.04' S29'43'07"E L6 28,25' S50'50'55"W L7 32,39' ~39'30'16"W L8 150.48' $59"18'20"E LL190 16.27' S30'31'01"W 19.86' ~Q'31'01"W Lll 18.23' N57'03°47"W L12 21.32' N83'18'58'W L13 21.53' N 48'40'4,;3"[ Shoosmlth Brothers Inc. GPIN 772-649-6037-00000 (port of) D.B. 573 Pg. 551 11800 Lewis Road 445.28' Imperviousness Best Management Practices Bm Easement Detail ~1 Detail #2 E 11773626.5f -~ 26.51 Ac ~ ~ ~ E 11773460 88 ~ ~ Shoosmlth Brothers Inc, J .~ ' .,~ (~GPIN 772-649-6037-00000 (port of) ',~.~Q,~ c~/~,,~' % ~ O~3~ D.B. 573 Pg. 551 .c.....ww? -~ '~-~ 11800 Lewis Road See ~' ~J / ( ~ ~'~;~ Proposed D~i~t<~' ~' /.~ Wetertower Properties LLC .. -, (0 22 Acre) ~ - O O 4050 Pg 55 ~ ~ ~ ' Detall~2 ~ ' ' ' ~.'~' N 3655624.~4 ~~ ~-- 11328 Iron Bridge Road ~ ~ ~- ~. 16' Dralnog~ '..':Ati; ~ ~ ~ ~aseme~t ~T~] ~ G~PHIC SCALE _0.~* mL to ~%~ .(Priv~t'). _ the ntersection ~ {003 acre/ . ........ ~ ~/ - ' ~L~' "I.~ //zu uemcauon o~ cew~s Roa~ ~ ........ ~~~ ~.18 acre) . 10 Rood 16' Drolnoge ~ STATE ROUTE10 I E 11774080.51 Dedicutlon Easement J(~ISTiNG 160' ~) ~ ~R~ST~l ~9 ~g']~/ 15' Woter /$16'32'48"1Ei "... /" i '", ". ~lud ~ .' · .. o.oH ...' ............ ~'~.i ...... Easement D.B.1460 Pg.802 Existing 15' Permanent Water Easement D.B.1471 Pg.146 DATE: 1-20-05 SCALE: 1"= 200' JOB NO: 04-009-00 SHEET 1 OF 1 Detail 13 PLAT SHOWING A BMP EASEMENT, A 16' WATERLINE EASEMENT, A 16' DRAINAGE EASEMENT (PRIVATE), AND AN 0.18 ACRE PARCEL DEDICATION ACROSS THE PROPERTY OF SHOOSMITH BROTHERS, INC. DALE MAGISTERIAL DISTRICT CHESTERFIELD COUNTY, VIRGINIA COUNTY PROJECT NO: 04,-0451 and COUNTY SITE PLAN NO: 05-PR0184 008:1. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 13, 2005 Item Number: 8.B.6.c. Subject: Acceptance of a Parcel of Land for Ramblewood Drive Properties, LLC County Administrator's Comments: County Administrator: from PP&J Board Action Requested: Accept the conveyance of a parcel of land containing 0.619 acres for Ramblewood Drive (State Route 617) from PP&J Properties, LLC, and authorize the County Administrator to execute the deed. Summary of Information: It is the policy of the county to acquire right of way whenever possible through development to meet the ultimate road width as shown on the County Thoroughfare Plan. The dedication of this parcel conforms to that plan, and will decrease the right of way costs for road improvements when constructed. District: Bermuda Preparer: John W. Harmon Title: Right of Way Manaqer Attachments: Ycs No 0000_82 VICINITY SKETCH ACCEPTANCE OF A PARCEL OF LAND FOR RAMBLEWOOD DRIVE FROM PP&J PROPERTIES LLC WARE I~OTTOM SPP'[NG P,D 1. SE~ 2. CAF 3. KEE 4. SCI- 5. BU( Chesterfield County Department of Utilities 00008,3 o I ~ooos4 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 13, 2005 Item Number: 8.B.6.d. Subject: Acceptance of a Parcel of Land Along the South Right of Way Line of Center Pointe Parkway from Bon Secours-Saint Francis Medical Center, Incorporated County Administrator's Comments: ~C~.~-)[~ County Administrator: Board Action Requested: Accept the conveyance of a parcel of land containing 0.081 acres from Bon Secours-St. Francis Medical Center, Inc., and authorize the County Administrator to execute the deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of a parcel of land containing 0.081 acres along the south right of way line of Center Pointe Parkway). This dedication is for the development of Center Pointe Parkway Extension Phase III. Approval is recommended. District: Matoaca Preparer: John W. Harmon Title: Right of Way Manager Attachments: Ycs -~No # 000085 VICINITY SKETCH ACCEPTANCE OF A PARCEL OF LAND ALONG THE SOUTH RIGHT OF WA Y LINE OF CENTER POINTE PARKWAY FROM BON SECOURS-ST FRANCIS MEDICAL CENTER INC o\R POiNTE WY CEN OLD HUNDRED RD el Chesterfield County Department of Utilities 1 llcl eqral~ 666&? ~eet OO0056 II II II 0087 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~ Date: A?ril 13, 2005 Item Number: 8.B."/o Subject: County Administrator: Approve a Change Order in the Amount of $133,764 to Daniel and Company, Incorporated for the Replacement of Poor Soils at the Police Evidence Building Count, Administrator's Comments: Board Action Requested: Authorize the county administrator to execute a change order in the amount of $133,764 to Daniel and Company Incorporated for the replacement of poor soils at the Police Evidence Building. Summary oflnformation: During the excavation of the building site a large former trash and borrow pit was discovered that required complete excavation and replacement with soils that were approved in the specifications. Total costs for this effort involving approximately 5,500 cubic yards was $133,764. Preparer: Francis M. Pitaro Title: Director, Department of General Services Attachments: ]Yes No 000088 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: April 13, 2005 Budget and Management Comments: This item requests that the Board execute a change order in the amount of $133,764 to Daniel and Company Incorporated for the replacement of poor soils at the Police Evidence Storage Facility, currently under construction. Staff believes the current project contingency will be sufficient to cover the cost of this work. Preparer: Rebecca T. Dickson Title: Director, Budget and Manaqement OO0089 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: April 13, 2005 Item Number: 8.B.8.a. Subject: County Administrator's Comments: Award of Construction Contract for County Project #03-0033, Chester Road Water Line Rehabilitation County Administrator: Board Action Requested: The Board of Supervisors is requested to award the construction contract to Godsey & Son, Inc. in the amount of $872,895 and authorize the County Administrator to execute the necessary documents. Summary of Information: This project consists of construction of approximately 7,950 feet of 12-inch water line and associated appurtenances. Staff received two (2) bids ranging from $872,895 to $1,285,910. Godsey & Son, Inc. submitted the lowest bid in the amount of $872,895. The County's engineering consultant, URS Corporation, has evaluated the bids and recommends award of the contract to the low bidder. Funds are available in the current CIP. District: Bermuda Preparer: Roy E. Covinqton Title: Assistant Director Attachments: Yes No OOO090 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: April 13, 2005 Bud.qet and Management Comments: This item requests that the Board award a construction contract to Godsey & Son, Inc. in the amount of $872,895 to construct approximately 7,950 feet of water line and associated appurtenances in the area of Chester Road. Sufficient funds are available in the current Utilities Capital Improvement Plan to award the contract. Preparer: Rebecca T. Dickson Title: Director, Budget and Manaqement 00009 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: April 13, 2005 Item Number: 8.B.8.b. Subiect: Award of Construction Contract for County Project #05-0014 Repairs to the Falling Creek Dam County Administrator'sComments: /~_~~J /~4~~ County Administrator: Board Action Requested: The Board of Supervisors is requested to award the construction contract to United Unlimited Construction, Inc., in the amount of $346,394 and authorize the County Administrator to execute the necessary documents. Summary of Information' This project consists of replacement of the damaged catwalk, ladder, fencing, electrical equipment and installation of new instrumentation. Staff received one (1) bid in the amount of $346,394. The bid was submitted by United Unlimited Construction, Inc. The County's engineering consultant, Michael Baker Jr., Inc. has evaluated the bid and recommends award of the contract to United Unlimited Construction, Inc. This project will be funded by the operating budget. District: Dale Preparer: Roy E. Covington Title: Assistant Director Attachments: Yes No # 000092 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: April 13, 2005 Bud.qet and Management Comments: This item requests that the Board award a construction contract in the amount of $346,394 to United Unlimited Construction, Inc. for repairs to the Falling Creek Dam. Sufficient funding is available in the fiscal year 2005 water operating budget to award the contract. Preparer: Rebecca T. Dickson Title: Director, Budget and Manaqement 00009;3 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 3 Meeting Date: April 13, 2005 Item Number: 8.B.8.c. Subiect: Award of Construction Contract for Route 360 (Swift Creek - Winterpock Road) Westbound Lane Widening Project County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to authorize the County Administrator to award a construction contract, up to $3,100,000, to the lowest responsible bidder, for the Route 360 (Swift Creek - Winterpock Road) Westbound Lane Widening Project. Summary ofinformation: In 1999, the Board authorized the County Administrator to execute a customary highway project administration agreement with VDOT for the Route 360 widening project from Swift Creek to Winterpock Road. Numerous delays have occurred on the project. On March 22, 2005, the County Administrator met with VDOT's Commissioner and requested authorization to immediately advertise the westbound lane widening section of the project. Staff is hopeful we will receive authorization within a few days. In order to expedite the construction of the project, staff is requesting the Board's authorization for the County Administrator, upon VDOT's authorization, to proceed with the project advertisement to award a construction contract, up to $3,100,000, to the lowest responsible bidder. Preparer: R.J. McCracken Title: Agen592 Attachments: Yes Director of Transportation 000094 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 Summary of Information: (Continued) RECOMMENDATION: Staff recommends the Board authorize the County Administrator to award a construction contract, up to $3,100,000, to the lowest responsible bidder, for the Route 360 (Swift Creek to Winterpock Road) Westbound Lane-Widening Project. District: Clover Hill and Matoaca 000095 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Meeting Date: April 13, 2005 Budget and Mana.qement Comments: This request is to award a construction contract up to $3.1 million to the lowest responsible bidder for the Route 360 (Swift Creek to Winterpock Road) Westbound Lane Widening Project. Funds are available in the project to award this contract. Preparer: Rebecca T. Dickson Title: Director, Bud,qet and Manaqement 000096 Route 360 (Swift Creek - Winterpock Road) Westbound Lane Widening Project Budget Preliminary Engineering Right-of-Way Road Construction Construction Contingency Total ESTIMATED COST $900,000 $670,000 $3,001,926 $300,193 $4,872,119 APPROPRIATIONS January 13, J999 (Anticipated VDOT Reimbursements) October 10, 2001 (Anticipated VDOT Reimbursements) Total $700,000 $5,800,000 $6,5O0,O0O 000097 ROUTE 360 (SWIFT CREEK- WINTERPOCK) WESTBOUND LANE WIDENING 360(SC-W P)W BL_AWARD 3/29/05 OOO098 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 13, 2005 Item Number: 8.B.9.a. Subiect: Conveyance of an Easement to Virginia Electric and Power Company County Administrator's Comments= County Administrator: Board Action Requested: Authorize the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company for underground cable to serve the Enon Water Pump Station at 15701 Happy Hill Road. Summary of Information: Staff recommends that the Board of Supervisors authorize the Chairman of the Board of Supervisor and the County Administrator to execute an easement agreement with Virginia Electric and Power Company for underground cable to serve the Enon Water Pump Station at 15701 Happy Hill Road. District: Bermuda Preparer: John W. Harmon Title: Riqht of Way Manaqer Attachments: Ycs J-~No 000099 VICINITY SKETCH CONVEYANCE OF AN EASEMENT TO VIRGINIA ELECTRIC AND POWER COMPANY ~ TINSBE.,.__RRy el W Chesterfield County' Department of Utilities 000~00 E Existing OH Line County of Chesterfield 15701I-Iappy Hill Road DB. 3217 PG. 257 PIN: 800637533000000 160' - -Jefferso.n Davis Hw~ Owner: County of Chesterfield GPI,N- 800- 657- 5,550-00000 Plat No: 00.05-0055 Legend --Loc(Rion of Boundary I.inea of Right-of-Way -- -- I~- -- -- Indicatea Property Line ia Right-of-Way Boundar~ Page 5 of 5 Plat to Accompany Right-of-Way Agreement VIRGINIA ELECTR. IC ANI) POWER. C(')MPANY doing busine, as as Dominion Virginia Power ua District PETERS:BURG ]~[ERMUDA CHESTERFIELD VA Office Plat Number CENTRAL 00-05.-0055 Estimate Number Grid Number 5991996 M0238 Date By 000101 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 13, 2005 Item Number: 8.B.9.b. Subject: Conveyance of an Easement to Virginia Electric and Power Company County Administrator's Comments: ~ d~v~'/~.~(~ /~~crz~-~< County Administrator: Board Action Requested: Authorize the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company for underground cable to serve the new Police Storage building. Summary of Information: Staff recommends that the Board of Supervisors authorize the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company for underground cable to serve the new Police Storage building. District: Dale Preparer: John W. Harmon Title: Ri.qht of Way Mana.qer Attachments: Yes -~No # O00 .Oe VICINITY SKETCH CONVEYANCE OF AN EASMENT TO VIRGINIA ELECTRIC AND POWER COMPANY COURTHOUSE RD ~ CORR BLVD 0 Z Z 0 Z LUCY CORR C) CIR Chesterfield County Department of Utilities 1 llcl eqlal~ ,H6.67 l~et 000103 "-1"13' (.,~6 "z.'~ 7.3. o ocoo County of Chesterfield 9401 Lucy Corr Drive DB. 929 PG. ~04 PIN: 773665252300000 ~ ~da~mm,,m.No. 7~4#{OeG 87) PLAT NO: 05050022 Location of ~oundary Llne~ of Right of W~y Plat to Accompany Right of Way Agreement COR 16 ........ 000~.04 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 13, 2005 Item Number: 8.B.10.a. Subiect: Request Permission for a Proposed Row of Shrubs to Encroach Within a Fifty-Foot Unimproved Right of Way Known as Applewood Lane County Administrator's Comments: County Administrator: Board Action Requested: Grant Winifred G. Rogers, Trustee, permission for a proposed row of shrubs to encroach within a 50' unimproved right of way known as Applewood Lane, subject to the execution of a license agreement. Summary of Information: Winifred G. Rogers, Trustee has requested permission for a proposed row of shrubs to encroach within a 50' unimproved right of way known as Applewood Lane. This request has been reviewed by staff and approval is recommended. District: Bermuda Preparer: John W. Harmon Title: Right of Way Manager Attachments: Ycs No OO0:I.05 VICINITY SKETCH REQUEST PERMISSION FOR A PROPOSED ROW OF SHRUBS TO ENCROACH WITHIN A FIFTY FOOT UNIMPROVED RIGHT OF WAY KNOWN AS APPi..EWOOD CANE WARFIELD ESTATEs PL !D RD RE) Chesterfield County* Department of Utilities 1 lack eq~al~ ¢16~57 ~et 000106 ./ ~'~/' ' ~~~Ma~SI~ ' Winifred G. ROgers, T Fustee 3230 West Grove Avenue 5393 PG. 254 PIN: 794656522300000 A VENUE.. O0010? CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 13, 2005 Item Number: 8.B.10.b. Subiect: Request Permission to Install a Private Sewer Service Within a Private Easement to Serve Property at 10618 Hamlin Drive County Administrator's Comments: ?~__c~,~j_~c~ /~t~cr~f__ Coun~ Administrator: BoardAction Requested: Grant J. Mac Homes, Inc., permission to install a private sewer service within a private easement and authorize the County Administrator to execute the sewer connection agreement. Summary of Information: J. Mac Homes, Inc., has requested permission to install a private sewer service within a private easement to serve property at 10618 Hamlin Drive. This request has been reviewed by staff and approval is recommended. District: Bermuda Preparer: John W. Harmon Title: Ri.qht of Way Manaqer Attachments: Ycs --] No VICINITY SKETCH REQUEST PERMISSION TO INSTALL A PRIVATE SEWER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY AT 10618 HAMLIN DRIVE LI~ RD OLD N Chesterfield County Department of Utilities 1 lacl eq;a~ l16.e;',' eat 000~.09 GLEN OAKS Section P.B.5~, PG.~6-~7 29 27 30 R-50. O0' i I / / / 26 / MAC HOM~ INC. 4103 WALTERG DRIVE D.IL5850 N E 11,787,835.78 ,~ ]~C HOIVI~ INC. Pin No.7876618~ 10618 HAMUN DRIVE D.B.5850 Pg.60 100' I 294.70' S54'56'OS'E R-35' CH-42.05' T E BRIAND.& TRBVENA B. McCLINTON Pin No.787~618078000000 10624 HAMUN DRIVE D.a.6182 i~.633 231.66' N88°8'6''E-''' HAMLIN AVENUE Rt. 4477 N41'38'14"E R-,35' CH-50.79' PLAT SHOWING A 16' PRIVATE SEWER EASEHENT, ACROSS THE PROPERTY OF J HAC HOHES INC. BERMUDA DISTRICT, CHESTERFIELD COUNTY, VIRGINIA. INFORblA'nON ON. PLAT BASED ON SUBDIVISION PLAT OF GLEN OAKS SECTION 3, AND A RESUBDIVISION OF LOT 20, BLOCK B, SECTION ONE P,B, 54., Pg, 16-17 CHESTERRELD COUNTY (;IS SYSTEM Chesterfield County, Virginia Utilities Depa~a,uem )ATE: 3-7-05 SCALE: 1'=50' DRAWN BY: VAG CHECKED BY: ~u~ .UMB~: 7~ , ~0 0110 PROJECT NUMBER: 05-0078 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 13, 2005 Item Number: 8.B.11. Subiect: Authorization to Exercise Eminent Domain for the Acquisition of Offsite Sewer and Temporary Construction Easements for Bendahl Valley, Section A County Administrator's Comments: /?~c'~x.~ //~~~'-~ County Administrator: Board Action Requested: Authorize the County Attorney to proceed with eminent domain and exercise immediate right of entry pursuant to Sections 15.2-1904 and 1905 of the Code of Virqinia, and that the County Administrator be instructed to notify the owner by certified mail on April 15, 2005, of the County's intention to take possession of the easements. Summary of Information: On October 19, 2004, an offer of $1,000.00 was made by the Right of Way Office to Otis P. Morris, Jr. and Elizabeth M. Morris, PIN: 780673256600000 for the purchase of a 16' permanent sewer easement and two 10' temporary construction easements for Bendahl Valley, Section A. Staff will continue to negotiate with the owner in an effort to reach a settlement. District: Dale Preparer: John W. Harmon Attachments: -]No Title: Ri,qht of Way Mana,qer 000111 VICINITY SKETCH AUTHORIZATiON TO EXERCISE EMINENT DOMAIN FOR THE ACQUISITION OF OFFSITE SEWER AND TEMPORARY CONSTRUCTION EASEMENTS FOR BENDAHL VALLEY SECTION A Kingsland Rd~-~ 3HANT0 000112 Chesterfield County Department of Utilities 1 Iici eqral~ 666&? ~et N $,~z4, o?.4.,~2. E 11,780. I25.8b ~ NORRIS OTIS P JR · OJZ~9="TH ~PIN 780-673-2586-00000 4704 KIND. SI. AND ROAD DB: 1002, P¢9. 1189 TURNAROUND D£DICATION R=§O' DB: !3 !6, PG. 605 1442.80"~ I'0 rile EASTL~N UNE OF SALLrTW CHURCH ROAD EDWARD o. & MARY A FAG, ,,- 4700 K/NGSLANn ',o'.~'~,,'GART Ob'IN 780 672 -'--- .... ~" - ~-z'~84-00000 50 0 50 100 150 Scole 1" = 50' ~/~ , /o~-~r~mo~s couNrr COMUr~ PLAT SHOWlN~ A I0~: ~ ~O ~ ~EME~ ~o ~0 I0' ~~Y ICom l ucr l ~NS~UC~ON ~EM~ ORO~IN~ THE OA~: 4/o~/o4 ~DS OF OTIS P JR ~ EU~H M MORRIS SCALE: ~ ~80' JOB NO: 002~24 CO, PR~ O4-O~2a ~1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 3 Meetin~l Date: April 13, 2005 Item Number: 8.B.12. Subiect: Transfer of Funds and Designation of Projects for the FY2005 Supplemental Chesterfield Road Fund County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to transfer $63,810 from the General Road Improvements Account and designate Newbys Bridge Road east of Qualla Road and Branders Bridge Road (Carver Heights Drive to Bradley Bridge Road) as the FY05 Supplemental Chesterfield Road Fund Projects. Summary oflnformation: The Virginia Department of Transportation (VDOT) has advised the County that $63,810 in supplemental road funds is available for FY05. To maximize the amount of funding available for county road improvements, staff is recommending that the Board match VDOT's supplemental funds with a $63,810 transfer from the General Road Improvements Account. Staff recommends the supplemental allocation be designated for the Newbys Bridge Road east of Qualla Road and Branders Bridge Road (Carver Heights Drive to Bradley Bridge Road) as the FY05 Supplemental Chesterfield Road Fund Projects. (Continued on next Dage) Preparer: R.J.McCracken agen594 Title: Director of Transportation Attachments: Ycs ---] No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 Summary of Information: (Continued) Recommendation: Staff recommends that the Board: Transfer $63,810 from the General Road Improvements Account for the FY05 Supplemental Chesterfield Road Fund; and o Adopt the attached resolution designating the FY05 Supplemental Funds for the Newbys Bridge Road east of Qualla Road and Branders Bridge Road (Carver Heights Drive to Bradley Bridge Road) projects. Districts: Bermuda and Dale 000~1 ~5 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Meeting Date: April 13, 2005 Budget and Management Comments: This request is to transfer a total of $63,810 from the county's General Road Improvements account to provide a FY2005 supplemental revenue sharing match for two road projects as follows: $1,570 for Newbys Bridge Road (East of Qualla) and $62,240 for Branders Bridge Road (Carver Heights Drive to Bradley Bridge Road). Sufficient funds are available in the General Road Improvements account to cover these transfers. Preparer: Rebecca T. Dickson Title: Director, Budget and Management 000116 WHEREAS, Section 33.1-75.1 of the Code of Virginia permits the Commonwealth Transportation Board to make an equivalent matching allocation to any county for designations by the governing body of up to 25% or $500,000, whichever is greater, of funds received by it during the current fiscal year pursuant to the "State and Local Fiscal Assistance Act of 1972" for use by the Commonwealth Transportation Board to construct, maintain, or improve primary and secondary highway systems within such county; and WHEREAS, the Virginia Department of Transportation (VDOT) has notified the county that $63,810 is the maximum amount of Chesterfield County funds that will be matched by the state as a supplemental FY05 allocation. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors has allocated $63,810 from the General Road Improvements Account for the FY05 Supplemental Allocation Program and requests VDOT to provide an equivalent match. AND, BE IT FURTHER RESOLVED that the FY05 Supplemental Matched Funds be allocated for the following projects: $3,140 Newbys Bridge Road east of Qualla Road Right-of-way and Construction ($1,570 VDOT and $1,570 county) $124,480 Branders Bridge Road (Carver Heights Drive to Bradley Bridge Road) Preliminary Engineering, Right-of-way, and Construction ($62,240 VDOT and $62,240 county) ooo .a.? CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of~ Meetin~l Date: Subject: April 13, 2005 Item Number: Consideration of Amendments to the Connectivity Policy 8. B.13. County Administrator's Comments: County Administrator: Board Action Requested: Recommended clarification that the policy applies to any zoning case approved after November 23, 2004 and to remove the requirement that the separate vote on connectivity must be subsequent to the vote on a rezoning request. Summary of Information: The Plannning Commission during recent consideration of a zoning case in which the applicant was seeking a waiver of connectivity expressed concern regarding the applicability of the policy. The policy presently reads as follows: "This policy shall apply to any zoning case filed or any tentative subdivision plat that receives approval after November 23, 2004" Confusion arises regarding whether November 23, 2004 applies to when the rezoning case was filed or received approval. The Planning Commission has asked the Board to amend the policy to eliminate any confusion in this matter. Staff recommends that any reference to the filing of a zoning case be eliminated. One other policy requirement which staff would recommend be eliminated is the requirement that any vote to waive connectivity shall be taken subsequent to the decision on the pending zoning request. From a process perspective an applicant will proffer not to connect to adjacent stub road in a zoning case in order to garner support from an adjacent community. In this circumstance the commission or Board must decide the issue of connectivity in order to act upon the zoning request. This renders a separate subsequent vote on connectivity superfluous. Staff recommends that the requirement be eliminated. Preparer: Kirkland A. Turner Title: Director of Planning Attachments: Ycs No # O00~.&8 CHESTERFIELD COUNTY RESIDENTIAL SUBDIVISION CONNECTIVITY POLICY Purpose The purpose of street interconnectivity shall be to (a) improve public safety response time to residents by providing multiple means of access; (b) reduce travel time and distance between neighborhoods by providing alternative travel paths; (c) maintain an acceptable quality of life in the residential neighborhoods by preventing excessive through traffic on local streets where individual lots have direct access onto the street; and (d) maintain the traffic carrying capacity of arterial and collector streets. Standards 1. New streets shall be stubbed to undeveloped land unless an evaluation of the adjacent property at the time of tentative subdivision plat review determines that: (a) the undeveloped property at that location has development constraints such as but not limited to, wetlands, topographic features, size, etc; (b) a through street is not required to conform to access requirements in the Subdivision Ordinance; (c) the street connection creates a violation of the Planning Commission's Stub Road Policy; or (d) the connection would provide sole access to non-residential property. 2. Streets in new subdivisions shall connect to all adjacent stubs designated as local streets, residential collectors or thoroughfare streets. Only those connections to a stub street within a subdivision that complies with street access requirements as specified in Section 17-76 (h) of the Subdivision Ordinance may be waived if: (a) there are a sufficient number of other stub streets to adequately disperse the traffic and not cause a concentrated use of any one stub street connection; or (b) the connection to a particular stub will cause a concentrated traffic at that location. (c) the projected traffic volume on any local street within the existing subdivision exceeds 1500 vehicle trips per day. 3. The Planning Commission or the Board of Supervisors during its review of a rezoning or a tentative subdivision request may waive connectivity requirements. Such waiver shall be by a sep~ate m on ................................ ~ .....................r ....... r ....... o ....... o ~- preceding .... au~diviaian ....... ~ 4. Subdivision design shall facilitate interconnectivity within its limits through the layout of the overall street network. The design concept of solely using multiple unconnected cul de sacs shall be evaluated and approved based upon circulation, topographic and environmental constraints. Connectivity Policy 000119 Page 2 The following table depicts the recommended guidelines for spacing of through streets to facilitate travel through residential areas. The spacing or frequency of the streets decreases with density so as to provide more alternatives and avoid or reduce the construction of streets in excess of four lanes. Density Through Street Spacing * < 1 du/a 1 1/2 miles in each direction 1.01 - 2 du/a 4,000 to 2,500 feet in each direction ** 2.01 - 4 du/a 2,500 to 2,000 feet in each direction ** > 4.01 du/a Street spacing will be reviewed on a case by case basis * Through streets include arterial, collector and residential collector streets. ** Spacing between streets decreases proportionally to increase in density. 5. Where street extensions are not required, the subdivider may be required to construct a system of pedestrian pathways which will facilitate pedestrian travel within and to adjacent development. 6. The subdivider shall initially install and maintain thorough the life of the project signs(s) on all stub roads. The purpose of such signs shall be to advise the public that the extension of the stub is planned. Applicability This policy shall apply to any zoning case filed or any tentative subdivision plat that receives approval after November 23, 2004. Any property that received zoning or tentative subdivision plat approval prior to the effective date of this policy and has conditions that conflict with provisions of this policy shall be governed by those conditions. Adopted November 23, 2004 000 i20 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: Subiect: April 13, 2005 Item Number: 8.B.14. Initiation of a Variance Application to the Board of Zoning Appeals and Appoint an Agent County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to 1) initiate an application for a variance to the height requirement for a fence on a corner lot located at 15042 Creek Edge Place, and 2) appoint Mr. Ted Barclay, Code Compliance Supervisor, to act as agent for the Board of Supervisors. Summary of Information: The Planning Department is requesting the Board of Supervisors to initiate a request for a Variance. On February 27, 2005, staff received an anonymous complaint concerning fence height located at 15042 Creek Edge Place. Staff visited the subject property on February 1, 2005 and observed a six foot fence around a pool. A portion of the fence is in the corner side yard along South Creek Drive. The height requirement in the Zoning Ordinance for a fence in a corner side yard is four feet. Preparer: Kirkland A. Turner Title: Director of Planning Attachments: Yes ~ No # 00012~. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 The applicants had obtained the necessary building permits for the pool and fence along with necessary approval from the homeowner's association. The permit for the fence was not routed to the Planning Department and was evaluated for compliance with the building code only. The property owner attempted to comply with county requirements and due to the County's failure to communicate all pertinent requirements is in violation of the zoning ordinance. Therefore staff recommends that the board initiate this application. Staff has discussed this issue with the Building Inspection Department. They are in the process of working out a better way to disseminate information regarding fence heights. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 13, 2005 Item Number: 8.B.15.a. Subject: Transfer $4,000 from the Dale District Improvement Fund to the Parks and Recreation Department 1) to Extend Electrical Service to the Baseball Scoreboard at Meadowbrook High School and 2) to Improve the Meadowbrook Football/Soccer Practice Field County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to transfer $4,000 from Dale the District Improvement Fund to the Parks and Recreation Department 1) to extend electrical service to the baseball scoreboard at Meadowbrook High School and 2) to improve the Meadowbrook football/soccer practice field. Summary of Information: Supervisor Miller has requested the Board to transfer $4,000 of Dale District Improvement Funds to the Parks and Recreation Department to extend electrical service to the baseball scoreboard at Meadowbrook High School and improve the football/soccer practice field at Meadowbrook High School. This request was originally made by the Meadowbrook High School Director of Student Activities. It is legally appropriate for the Board to transfer funds to the Department of Parks and Recreation to make capital improvements to County property. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. Preparer: Rebecca T. Dickson Attachments: Ycs Title: Director, Bud.qet & Manaqement 0423:68640.2 [--~ No 001 4 DISTRICT IMPROVEMENT FUNDS APPLICATION This application must be completed and signed before the County can consider a request for funding with District Improvement Funds. Completing and signing this form does not mean that you will receive funding or that the County can legally consider your request. Virginia. law places substantial restrictions on the authority of the County to give public funds, such as District Improvement Funds, to private persons or organizations and these restrictions may preclude the County's Board of Supervisors from even considering your request. What is the name of the applicant (person or organization) making this funding request? If an organization is the applicant, what is the nature and purpose of the organization? (Aisc attach organization's most recent articles of incorporation and/or bylaws to application.) iL~, What is the amount of funding you are seeking? Describe in detail the funding request and how. the money, if app~roved, wi!l be spent. Lb,,', ~ /~$~'/~,~.( , £ , / Is any County Department involved in the project, event or program for which you are seeking funds? If this request for funding will not fully fund your activity or program, what other individuals or organizations will provide the remainder of the funding? 0407:23380.1 000 . $ Page 2 If applicant is an organization, answer the following: Is the organization a corporation? Yes Is the organization non-profit? Yes Is the organization tax-exempt? Yes No No No .. What is the address of the applicant making this funding request? What is the telephone number, fax number, e-mail address of the applicant? Signature of applicant. If you are signing on behalf of an organization you must be the president, vice-president, chairman or vice- chairman of the organization. Title (if signing on behalf of an organization) doe ;cheson Printed am 0407:23380.1 000 . 6 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 13, 2005 Item Number: 8.B.15.b. Subiect: Transfer $3,750 Each (Total of $7,500) from the Dale and Bermuda District Improvement Funds to the Parks and Recreation Department to Construct a 16 x 16 Picnic Shelter to be Located at Lloyd C. Bird High School Athletic Complex County Administrator's Comments: County Administrator: Board Action Requested: Transfer $3,750 each (Total of $7,500) from the Dale and Bermuda District Improvement Funds to the Parks and Recreation Department to construct a 16 x 16 picnic shelter to be located at Lloyd C. Bird High School athletic complex. Summary of Information: Supervisors Miller and King have requested $3,750 from each ($7,500 total) of their District Improvement Funds be transferred to the Parks and Recreation Department to construct a 16 x 16 picnic shelter to be located at Lloyd C. Bird High School athletic complex. Although this request was originally made by the Chesterfield Youth Softball Association, Inc., the County is not legally authorized to give money to private organizations like the Association. The Board is authorized to transfer public funds to Parks and Recreation to make capital improvements to County property. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. Preparer: Rebecca T. Dickson Title: Director, Budget and Manaqement 0425:68642.1 Attachments: Yes ~ No 000127 Feb 25 05 04:23p Kitt_~ Belcher, et al 804-748-Bb~ P.~ FEB-16-2085 16:18 FROM CHESTERF I ELD Bd. OF SUPER. TO 9?488522 DISTRICT IMPROVEMENT FUNDS 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 aulhority of the County to give public funds, such as District Improvement Funds, to private persons or organizations and these restrictions may preclude the County's Board of Supervisors from even considering your request. What is the name of the applicant {person or organization) making this funding request? If an organization is the applicant, what is the nature and purpose of the organization? (Also attach organization's most recent articles of incorporation and/or bylaws to ap~lication. I What is the amount of funding you are seeking? Describe in detail the funding request and how the money, if approved, will be spent. Is any County Department involved in the project, event or program for which you are seeking funds? If this request for funding will not fully fund your activity or program, what other individuals or organizations will provide the remainder of the funding? 0407:~3380.1 000:1.28 FEB-25-2005 l$: 28 8[34 ?48 8522 9S~. P. [32 Feb 25 05 04:23p Kitty Belcher, et ai uu~-/~u-uo~ M.o FEB-1G-2005 1G: i0 FROM CHESTERFI£LD B~.OF SUPER. TO 97q88522 P.SJ~J · 7. 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 Page 2 What is the address of the applicant making this funding request? What is the telephone number, fax number, e-mail address of the applicant? Signature of applicant. If you are signing on behalf of an organization you must be the president, vice-president, chairman/director or vice-chairman of the organization. Title (if signing on behalf of an o~ganization) Printed Name' / Date TDTgL P.03 000129 FEB-25-2005 16:28 804 748 8522 95Z P.03 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 13, 2005 Item Number: 9.A. Subiect: Citizens' Request to Address the Board Under "Hearings of Citizens on Unscheduled Matters" County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: In accordance with Board procedures, Eileen McAfee, Robin Starr, Pat Brown, Kasey Hammond, Jamie Buckmaster, and Paige Collier have requested the opportunity to speak to the Board to address concerns about animal treatment at the Chesterfield County Animal Shelter and recommended policy changes and improvements at the Shelter. Preparer: Steven L. Micas Title: County Attorney 0800:68618.1 Attachments: Ycs No 000:1.80 Page 1 of 2 Elko, Lisa From: Eileen McAfee [eileenmcafee@yahoo.com] Sent: Wednesday, March 23, 2005 3:25 PM To: Elko, Lisa Subject: Fwd: Request to Speak to Board of Supervisors Meeting 4/13/05 Lisa Elko, Clerk to the Board of Supervisors Ms. Elko: I have learned through other speakers who sent their requests directly to the Board of Supervisors, that "the procedure for signing up to address the Board" must be made through you. Although I have not personally been advised of this requirement by any Board Member in response to my request to speak on 4/13/05, I am nonetheless sending you my request to ensure I am placed on the Agenda. I would also like to ask you to please advise me, in a timely fashion, if there are any other requirements I should know about in order to speak to the Board on 4/13/05 at 3:30pm. Thank you very much. My request follows my name. Eileen McAfee Eileen McAfee <eileenrncafee@yahoo. corn> wrote: Date: Tue, 22 Mar 2005 11:39:27 -0800 (PST) From: Eileen McAfee <eileenmcafee @ yahoo.com> Subject: Request to Speak to Board of Supervisors Meeting 4/13/05 To: Renny Humphrey <humphreyr@chesterfield.gov>, Kelly Miller <millerk@chesterfield.gov>, Art Warren <warrena@chesterfield.gov>, Dickie King <kingd@chesterfield.gov>, Ed Barber <barbere@chesterfield.gov> CC: Greg Pearson <editor@chesterfieldobserver.com> Chesterfield County Board of Supervisors Dear Sirs and Madam and Lisa Elko: I am writing to request to speak to the Board at your next Board of Supervisors Meeting on 4/13/05 at 3:30pm. I wish to address the following issues: 1. Animal abuse, neglect and cruelty violations occurring at the Chesterfield County Pound. 2. The risk these on-going, illegal and inhumane practices places the County for Civil Penalties (our tax dollars), levied by the Attorney General through the Office of the State Veterinarian. 000:1.3 4/7/2005 Page 2 of 2 3. Recommendations for improvements. Thank you very much. Eileen McAfee Do you Yahoo ! ? Yahoo! Small Business - Try our new resources site! Do you Yahoo ! ? Yahoo! Small Business -Try our new resQ~rces site! )o you Yahoo!? Y-ahoo! Small Business - Try our new resources site! 000 .32 4/7/2005 From: Robin Starr [mailto:RStarr@RichmondSPCA.Org] Sent: Wednesday, Harch 23, 2005 8:38 AM To-' Elko, Lisa C¢: Barber, Ed Subject: Request to Speak Dear Mrs. Elko - In accordance with Mr. Barber's instructions, I am sending this request to you. Thank you, Robin Starr To the Chesterfield County Board of Supervisors Dear Sirs and Madam: I am writing to request the opportunity to speak to the Board at your next Board of Supervisors Meeting on 4/13/05 at 3:30 pm. I wish to address the following issues: 1. Unacceptable practices and conditions for animals at the Chesterfield County Pound, 2. The failure to spay and neuter animals adopted from the Chesterfield County Pound, and 3. The offer of help to achieve improvements. Thank you very much, Robin Starr Chief Executive Officer Richmond SPCA 2519 Hermitage Road Richmond, VA 23220 Phone: 521-1322 000188 FW: Request to speak at Board of Supervisors Meeting 4-13 Page 1 of 1 Elko, Lisa .From: Sent: To: Cc: Pat Brown [patriciabrown2OO4@comcast.net] Wednesday, March 23, 2005 6:07 PM Elko, Lisa Gregory Pearson Subject: Request to speak at Board of Supervisors Meeting 4-13 Ms. Lisa Elko Clerk, Board of Supervisors I am writing to request to speak to the Board at your next Board of Supervisors Meeting on 4/13/05 at 3:30pm. I wish to address the following issues: 1. Animal abuse, neglect and cruelty violations occurring at the Chesterfield County Pound. 2. Recommendations for improvements. Thank you very much. Patricia L. Brown Midlothian, VA 4/7/2005 000134 FW: Request to speak at Board of Supervisors Meeting 4-13 Page 1 of 1 Elko, Lisa From: Sent: To: Cc: Kasey Hammond [kaseyhammond@comcast.net] Wednesday, March 23, 2005 2:18 PM Elko, Lisa editor@ chesterfieldobserver.com Subject: FW: Request to speak at Board of Supervisors Meeting 4-13 Hi Ms. Elko, Please see my request below to speak at the meeting on 4/13/05. Please let me know if you need anything else. Thank you for your help. Sincerely, Kasey Hammond ..... Original Message ..... From: Kasey Hammond [mailto:kaseyhammond@comcast.net] Sent: Tuesday, March 22, 2005 6:30 PM To: Humphrey, Renny; Miller, Kelly; Warren, Art; King, Dickie; Barber, Ed Cc: editor@chesteffieldobserver.com Subject: Request to speak at Board of Supervisors Meeting 4-13 To Whom it May Concern > > I am writing to request to speak to the Board at your next Board of > Supervisors Meeting on 4/13/05 at 3:30pm. > > I wish to speak about animal abuse, neglect and cruelty violations occurring at the Chesterfield County shelter. > > Thank you in advance. Sincerely, Kasey Hammond ...... End of Forwarded Message 000 .35 4/7/2005 Page 1 of 1 Elko, Lisa From: JsLittleWorld @ aol.com Sent: Wednesday, March 30, 2005 11:29 AM To: Elko, Lisa Subject: Request to speak 4/13/05 Attention Ms. Lisa Elko I am writing to request to speak to the Board at the next Board of Supervisors Meeting on 4/13/05 at 3:30pm. I wish to speak about the following issues: 1. Animal abuse, neglect and cruelty violations occurring at the Chesterfield County Pound. 2. The risk these on-going, illegal and inhumane practices places the County for Civil Penalties (our tax dollars), levied by the Attorney General through the Office of the State Veterinarian. Thank you very much. Jamie Buckmaster Jslittleworld @ aol.com 4/7/2005 000136 Page 1 of 1 Elko, Lisa From: KayliesGammy@ aol.com Sent: Wednesday, March 30, 2005 11:38 PM To: Elko, Lisa Subject: permission to speak at meeting Ms. Lisa EIko: I am requesting permission to speak to the Board of Supervisors at their meeting on 4/13/05 at 3:30 pm. I would like to address Animal care concerns at the Chesterfield Animal Pound. Thank you, in advance, for your prompt attention to this request. Please e-mail confirmation to this address: KayliesGammy @ aol.com. Sincerely, Paige Collier 4/7/2005 000i37 INDEX 1. VIOLATIONS 2. ADMISSION BY POLICE CATS GASSED INHUMANELY (12/2/04) 3. WITNESSES & OFFERS (2) TO BRING WITNESSES FORWARD TO POLICE (1/13/04 and 1/20/04) 4. FALSIFIED STATE VETERINARIAN INSPECTION REPORTS (6/3/98, 8/8/00, 2/15/01, 8/30/0, 5/22/03 and 8/25/04) 5. ACKNOWLEDGMENT BY ADMINISTRATOR RAMSEY POUND MANAGER BERRY HAS NO TRAINING IN ANIMAL CARE (3/22/05) 6. DEFINITIONS OF CATEGORIES EVALUATED ON INSPECTION REPORTS 7. INTERNAL AUDIT ON CHESTERFIELD ANIMAL POUND (p. 16) re: FALSIFIED INTERNAL RECORDS and NON-COMPLIANCE WITH STATE/COUNTY CODES. (Despite these findings, Auditors presented Management with a "Commendation" as well as a "Commendation for compliance with euthanasia") 8. ANNUAL SUMMARY TO STATE VETERINARIAN re: "ANIMALS DIED IN CAGE Y2003 (525)". Comparison Stats: Fairfax (4); Virginia Beach (30) 9. CORRESPONDENCE a. 8/20/04 Eileen McAfee's Request to meet with Col. Baker and others b. 10/15/04 Eileen McAfee's Request for State Police intervention - Denied by Major Dupuis. 11/2/04 State Veterinarian affirms Carbon Monoxide cannot be used to euthanize sick, injured or elderly animals (as well as under-aged animals <4 months) d. 12/2/04 Summary of Meeteings with Police Officials: 8/26/04, 11/1/04 and 11/17/04 e. 1/31/05 Summary of Efforts to Help Remedy Problems at the Chesterfield Animal Pound (to Asst. Commonwealth Attorney Robert Fierro) 10. CORRESPONDENCE BETWEEN CITIZENS & COUNTY OFFICIALS re:CONDITIONS AT CHESTERFIELD ANIMAL POUND 1993 - 2002 11. MEDIA ARTICLES a. 4/3/02 "Chesterfield Volunteers Allege Abuse" (Style Weekly) b. 4/17/02" 'Abuse? No Way' Shelter Says" c. 3/05 RSPCA Newsletter expresses concerns 12. PHOTOGRAPHS (I994 - 2003) a. Water-soaked puppies b. Filthy Cage c. Cat in cage with "puddled" urine d. Sick Dog 13. PRESENTATIONS TO BOARD of SUPERVISORS 4/13/05 a. Eileen McAfee b. Kasey Hammond c. Patricia Brown d. Robin Start (not available) e. Paige Collier f. Jamie Buckmaster VIOLATIONS OF VA'S ANIMAL WELFARE LAWS, STATE VETERINARIAN DIRECTIVES, GUIDELINES AND REGULATIONS at The Chesterfield Animal Shelter Prepared by: Eileen McAfee and Presented to Major Thierry Dupuis at our Meeting August 26, 2004 Phone: (804) 360-5993; Fax: (804) 360-8145 eileenmcafee~yahoo.com VIOLATION VR 80, 3.1-796.96 & Dir. 79-1 1. Cats are not placed in the chamber individually in separate, lightweight, open-wire cages with solid metal pan bottoms. 2. The chamber is over-crowded. 3. Euthanasia is not humane. 3.1-796.66 4. Care of Animals: Animals are not handled with care. They are not transported, treated or euthanized with care. VR 90 5. Animals are not determined to be dead before carcass disposal. EYEWITNESS ACCOUNTS Cats - "The Hearse": "The hearse" is an open-wire, rabbit-like cage on wheels. The bottom is open except for small wooden slats on the bottom to hold each of the four wheels. The "hearse" is rolled through the shelter by Donald Rose. He collects cats in the "hearse" from the various areas where they are housed in the shelter. This includes: the Quarantine area, the General Kennel area and the Garage. Cats are not placed in the "hearse" with care. They are "crammed" into it by Mr. Rose. Mr. Rose puts them in, in a very rough manner. The cats are piled on top of one another. When it is full, the cats end up sitting on top of each another. They are very frightened. They fight with each other. The "hearse" full of cats is then put into the chamber and the cats are all gassed together. Mr. Rose "does a load" of cats. The ."hearse" is stored next to the chamber. - Other Cages Used: Cages other than the "hearse" are also used. These cages are also crowded with cats (8-9 cats/cage). The cats are very frightened. The cats fight with each other. These cages are put in the chamber and the cats are all gassed together. Dogs Dogs - The chamber is over-crowded with dogs. - The dogs fight with each other in the chamber. - Mr. Rose does not turn on the gas immediately so he can watch the dogs fight. - Mr. Rose "laughs" and "enjoys" watching them fight. Sick, injured and elderly animals are "dragged by a catchpole" down the corridors inside the shelter to the outdoors where they are "dragged by a catchpole" across the ground to the gas chamber for euthanasia. Animals are not pre-sedated prior to CO euthanasia (Note by McAfee: As recommended in Appendix C of Dir. 79-1 to reduce stress in animals euthanized by carbon monoxide.) A stethoscope is not used to determine death prior to disposal of their bodies. Other means of determining death are not always used (thoracic palpation, visual observation, corneal reflexes and toe-pinch reflexes) VR 40 & 3.1-796.68 1. Animal enclosures are not clean, dry and in a sanitary condition. 2. Each animal enclosure does not protect animals from injury. 3. Animals are not separated according to sex. 5. Animals' water and food receptacles are not clean. 3.1-796.66 6. Care of Animals: Animals are not confined with care. Animals are not protected. 7. Animals are exposed to water spray from hose. 8. Animals are exposed to hazardous chemicals or disinfectants. EYEWITNESS ACCOUNTS Cages are hosed (cleaned) while animals are present in the cages. Animals are exposed to water, chemicals and disinfectants. The disinfectant is "greasy and caustic and it sticks to everything". "Animals' hind parts (especially males) are irritated and scalded" from exposure to this disinfectant. Their skin is "red, inflamed and scalded" from the disinfectants and chemicals. Cages remain wet after cleaning. Animals are exposed to this wetness mixed with chemicals and disinfectants. -2- There are no resting pallets in the cages for animals to escape wetness and caustic chemicals. (Note by McAfee: State Veterinarian Inspector graded "pallets" as being In Compliance.) Animals are not separated by sex. Animals have become pregnant while housed at the shelter. These litters have been bom in the shelter. In one instance, the same dog became pregnant two (2) times while housed at the shelter. She gave birth to two (2) separate litters while in the shelter. Animals' water and food bowls are washed in the same water as the cats' litter pans. 3.1-796.68 1. VR 80, 3.1-796.96 & Dir. 79-1 Veterinary care is not provided when needed (i.e. to stabilize animal in a life-threatening condition), or to prevent suffering, disease transmission or further disease progression. IC (intra-cardiac) euthanasia in .conscious animals by Chesterfield Veterinarian Dr. Dunnavent. EYEWITNESS ACCOUNTS Sick and Injured animals are euthanized in the gas chamber without ever having received Veterinary Care. (Note by McAfee: The Chesterfield Shelter's 2003 Annual Summary to the State Veterinarian shows 525 animals died in their cage that year.) Animals with upper respiratory disease are euthanized by carbon monoxide. There are many sick animals in the shelter. Disease transmission is rampant due to improper cleaning practices. The animals come into the shelter healthy but become sick once they are housed in the shelter. Many citizens who adopt animals from the shelter have complained that the animals have become sick and even died shortly after the animal was adopted. Some of the animals have died of Parvo. Rescue organizations have complained that the animals they have transferred from the shelter have become sick and/or died. Some rescue organizations have stopped taking animals from the shelter because of this. One of these rescue groups complained that 13:13 animals they transferred from the shelter died within two (2) weeks. Sick and Injured animals are euthanized prematurely (before the required "holding time" has expired) without ever having received Veterinary Care. Dr. Dunnavent prescribes medication for Chesterfield's impounded animals "over the phone without ever seeing the animals". (Note by McAfee: Dr. Dunnavent could lose his Veterinary License for doing this.) -3- Staff (who are not licensed Veterinary Technicians) fax Dr. Dunnavent a piece of paper with the animals' symptoms written on it. Staff calls this document the "sick sheet". Dr. Dunnavent faxes the "sick sheet" back to staff with instructions on it about how to treat these animals and what medications to administer to them. The "sick sheet" is shredded at the end of each day. Dr. Dunnavent has stated IC (Intra-cardiac) euthanasia in conscious animals is legal. Donald Rose also states that IC euthanasia in conscious animals is legal. Note by McAfee: Donald Rose and Police Captain Alice Berry routinely provide information to the State Veterinarian on Inspection Reports. They have repeatedly verified to the State Veterinarian Inspector on Inspections Reports that none of the foregoing violations occur. Mr. Rose and Captain Berry have signed their initials next to these verifications as being true statements. -4- HAl L Print - Close Window Subject: Chesterfield Animal Control Date: Thu, 2 Dec 2004 16;11:08 -0500 From: "Duke, Carol" <DukeC@chesterfield.gov> To: eileenmcafee@yahoo.com in response to the complaint you flied concerning the actions of Animal Shelter Manager Alice Berry and Animal Control Officer Donald Rose, the investigation and review are complete. As a result of this investigation, it was concluded that the one allegation of the euthanasia of more than one cat in the same cage was a practice that was not in compliance with the State Veterinarian directives. This practice has been stopped. The remaining information that you provided does not support the preliminary allegation. Accordingly, based upon the information currently available, no further action will be taken. The investigative report has been reviewed by Ms. Berry's chain of command including the Office of the Chief of Police. I understand that individual perceptions of an incident may vary but I can assure you that a diligent effort has been made to reach a fair and accurate resolution of this matter. If you have any further questions, please do not hesitate to contact my office at 804-748-1207. ShowLettergbox Chesterfield%20Pound&Msgld 6943 0 1/28/05 http://us.f411.mail.yahoo.com/yrn/ · = = - '" WITNESS LIST EILEEN McAFEE (H) 360-5993 (C) 339-1016 1. Inhumane euthanasia of cats. Document to me from Police Dept. dated 12/2/04 admitting one of the violations I presented to them 8/26/04: Multiple cats were gassed together in the same cage. Although the Police document states in this memo that this practice stopped, confidential informants told me the practice continued until 1/05. 2. Inhumane euthanasia of ill, injured and elderly animals. State Veterinarian Inspection Reports of 5/22/03, 8/30/01, 2/15/0 ! and 8/8/00 indicate that sick, injured and/or elderly animals were euthanized by carbon monoxide. Witness Tracey Crittenden can verify this as well. (See below) All confidential informants state this is routinely done. The only animals not gassed are underaged ones which Chesterfield County Contract Vet Dr. David Dunnavant euthanizes. 3. Falsification of official government documents; State Vet Inspector lied to at the time of inspection. Evidence proving official government documents were falsified to cover-up wrongdoing and the Inspector was lied to at the time of inspection. (Inhumane Euthanasia, Improper Handling, Care and Transportation of Animals and the Failure to Isolate Sick Animals). See State Veterinarian Inspection Reports of 8/25/04, 5/22/03, 8/30/01, 2/15/01 and 6/3/98. 4. Pound Manager Alice Berry has not received mandated training. Verified by County Administrator Lane Ramsey in a FOIA to me. 5. The failure of Chesterfield Police to adequately investigate allegations of animal abuse/cruelty/neglect. Refused request for State Police intervention; little or no investigation by CPD; refused/failed to interview eyewitnesses willing to speak with Police; closing the case despite outstanding admissions of Class 6 Felonies (3.1-796.122H), Misdemeanors and the Falsification of Official Government Documents. -1- EILEEN MC AFEE (Cont.) There were only 2 things Chesterfield Police (Major Dupuis and Sgt. Polk) were interested in: 1. The names of my informants; and 2. Who have I told about the violations at the pound. It was clear to me they wanted the names of any possible employee informants. When I offered on two (2) occasion, in writing (1/13 and 1/20/05) to bring witnesses forward, they ceased all communication with me. 6. Evidence of the possible destruction of documents and obstruction of justice. Per Captain Daniel Kelly in a phone conversation with me 12/04, Chesterfield Police Intemal Affairs, there is no evidence of any complaints about the Chesterfield Pound attached to the Human Resources Exit Interviews of former staff members who stated they specifically told HR about the abusive conditions at the Pound. Former staff members stated: "HR took pages and pages of notes" about these complaints. The statements by these former employees of having told HR about complaints were made in a meeting at my home with Style Weekly Reporter Brandon Walters in August, 2002. PATRICIA BROWN - Former Volunteer at Chesterfield Animal Pound (H) 744-5730 (C) 938-5730 1. Eyewitness to injury (caustic chemical bums) to animals at the Chesterfield pound from chemicals used improperly to clean cages. (Summer 2004 and 4/1/05) Caustic cleaning chemicals are not properly removed from animal enclosures. Dogs' abdomens, testicles and feet are burned by these chemicals. Because they lick these body parts to gain some pain relief, their mouths and tongues are then burned. 2. Lack of Veterinary Care by County for injured (burned) animals. 3. Failure to house animals in a clean, dry and sanitary condition. 4. Failure to provide an enclosure that protects animals from injury. 5. Improper cleaning and disinfecting of floor surfaces. Animals are exposed to hazardous chemicals or disinfectants. 6. Failure to provide Resting Boards/Pallets in order for animals to escape wetness and caustic chemicals. (Pallets are required if animals cannot escape wetness.) 7. Sick animals are housed with healthy animals, not in the Isolation Room. o Animals are not provided with adequate care (good animal husbandry), management, confinement, protection, shelter or treatment. -2- STEFANIE BRAGDON (Cont.) 3. Animals are not provided with adequate care (good animal husbandry), management, confinement, protection, shelter or treatment. 4. Animal enclosures are unsanitary. TRACEY CRITTENDEN - Former Volunteer (H) 288-1236 (C) 837-5824 .1. Animals are not handled with care. They are not transported, treated or euthanized with care. Eyewitness to ACO Rob Leinberger dragging a dog down the kennel corridor inside the pound; dragging the dog to the outdoors where the dog was then dragged across the ground and over to the gas chamber for euthanasia. (Note by McAfee: Eyewitnesses not willing to come forward for fear of retaliation, verify that Captain Berry and Don Rose have set the standards for staff that handling animals in this manner is acceptable. Mr. Leinberger was simply following standard protocol as set forth by Management.) 2. Inhumane Euthanasia. Eyewitness to disabled animals (sick, injured or elderly) taken to the gas chamber for euthanasia. When eyewitness observed ACO Leinberger dragging a dog through the kennel at the end of a catchpole because the dog was unable to walk and whom she believed was going to be euthanized,, eyewitness offered to help Leinberger "hold" the dog (as required for IV euthanasia). ACO Leinberger replied, "Tracey, we use the gas chamber." Eyewitness helped Vet Assistant Linda Lacey put an elderly, brown, Chocolate Lab in the gas chamber for euthanasia. No one else could lift the dog because of his/her size, so eyewitness helped. Eyewitness to animal(s) removed from gas chamber and immediately "bagged". No Death Determination was made. 4. Animals are not protected from injury. a.) Eyewitness to docile animals being placed in a cage with a known vicious dog. Although this vicious dog had previously attacked a dog in its enclosure at the pound and killed it, another docile dog was subsequently placed in the same cage with the known vicious dog. b.) Eyewitness to horrific attack by a vicious dog against a dog in the adjacent cage. Vicious dog reached through to the dog in the adjacent cage and ripped its leg completely off. -4- TRACEY CRITTENDEN (Cont.) 5. Lack of Veterinary Care to prevent suffering. Boxer with broken pelvis received no Veterinary Care or pain medication. When eyewitness repeatedly asked for help for this dog, staff responded: "Boxer Rescue is coming to get him." This dog laid in his enclosure without ever receiving any Veterinary care for several weeks before Boxer Rescue took him. 6. Dr. Dunnavant never comes to pound to see or treat sick/injured animals. At a Rabies Clinic held in the pound's parking lot, eyewitness asked Dr. Dunnavant who was present (outside), to come into the pound to see a very sick dog. He entered the facility but refused to go into the kennels. He demanded that eyewitness bring the animal to him, which she did. When eyewitness asked him if he had a stethoscope, etc. with him so he could examine the dog, he replied his equipment was "in the car." He would not retrieve it to properly examine the dog. 7. Animals are not provided with adequate care (good animal husbandry), management, confinement, protection, shelter or treatment. DR. MARC NAY, DVM (W) 639-3900 1. Eyewitness to injury (bums) to animals at the Chesterfield pound from caustic chemicals used to improperly clean cages. (Most recently 4/1/05 - a Border Collie) 2. Eyewitness to ill animals from the Chesterfield pound for whom no Veterinary Care was provided. 3. Lack of Veterinary Care by the County for injured/ill animals. 4. Dr. Nay met with Captain Alice Berry and/or Donald Rose (Summer 2004) to discuss the conditions in the pound and the injury to the animals from cages not being properly cleamed. DR. JULIE BERGERON, DVM (W) 639-3900 Dr. Bergeron is a colleague of Dr. Nay's. She too has witnesses ill and burned animals from the Chesterfield Pound for whom no Veterinary care was provided at the pound (most recently 4/1/05 - Border Collie with bums). ASHLEY WORNER (Ms. Womer was a former employee at the Chesterfield Pound) (H) 561-7316 (C) 437-2497 (VI/) 639-3900. She currently works for Dr. Nay. 1. Eyewitness to rampant illness in the pound. 2. Eyewitness to lack of Veterinary Care for sick/injured animals 3. Eyewitness to dogs with chemical bums. (Summer 2004 and 4/1/05 - Border Collie) 4. Eyewitness to use of the "hearse" to gas all cats together. 5. Eyewitness to cages routinely cleaned with animals in them. 6. Eyewitness to dogs being hosed in the face on purpose during cage cleaning if the dogs come too close to the kennel worker. JAMIE BUCKMASTER - Pitbull Rescuer (H) 744-1206 1. Eyewitness to improper cleaning of cages; dogs hosed in faces during cleaning by Don Rose. Filthy and odoriferous kennels. Animals housed in kennels with an abundance of feces and urine. Animals lie on cold wet cage floors or (cats) on urine-soaked newspapers. There is so much urine, it "pools" in grooves of cages. To escape filth and wetness, cats lay in their litter boxes. There are no pallets in kennels for dogs to escape wetness and caustic chemicals. 3. Rampant illness in pound. Buckmaster describes the sound of coughing dogs with severe difficulty breathing as she "imagines it would be walking into a TB ward." Animals left in cage to suffer and die with no Veterinary Care as required by law (to either relieve suffering or humanely euthanize). E.g. 1/22/04 Ms. Buckmaster found a Golden Retriever stuck to the floor in an "enormous" pool of"sticky" blood. When Buckmaster asked staff why the dog was not getting veterinary care, she was told, "It's got Parvo; it's going to die." Since animals with Parvo die, this violation is a Class 6 Felony (lack of Veterinary care to relieve suffering which results in the death of the animal). Spread of disease infects other animals. - Parvo is extremely contagious. While the above dog was left to die in the kennel, all other dogs were exposed to Parvo. The longer the animal remained there, the more risk of contagion there was. - (Note by McAfee: In 2003, 525 animals simply died in their cages at the Chesterfield Pound. This is the highest "dead in cage" for any reporting County in VA.) -6- JAMIE BUCKMASTER (Cont.) - Improper washing of animals' bowls. Bowls are stacked one on top of the other; only the inside of the bowl is washed; the underside is just "rinsed off'. - Cat litter pans are washed in dirty water after food bowls were washed in it. - Design of the pound allows dogs to go nose-to-nose under partition. (Note by McAfee: Dr. Barry Dawkins, former State Veterinarian Inspector - now with IVOR Labs, State Vet's Office - told Eileen McAfee the $1.5M Pound was constructed completely wrong and that he advised Chesterfield of this during its construction. The County ignored him and did not change their architectural plans.) As a Volunteer with the pound, Buckmaster routinely witnessed Chesterfield Humane Society Animals receive immunization shots at the pound, at County (taxpayer) expense, while impounded animals received no shots which would have prevented their becoming ill. o Most of the animals taken to the County Contract Veterinarian, Dr. David Dunnavant, are Chesterfield Humane Society Animals, not the publicly-impounded animals. (Despite this, the Chesterfield County Animal Control webpage states" While at the shelter, animals are provided with necessary medical care." Document attached.) 8. The only time eyewitness has ever seen Dr. Dunnavant at the pound is when he came to re- stock meds. He did not ever treat or see sick animals even though illness was rampant. Early 2004: Pound was sanded and painted. Animals were not removed from their cages. They were covered in sanding dust to the extent the dust could be seen on their coats. Paint fumes caused them to cough severely - not from kennel cough - a "different kind of cough, from the fumes." 10.New Info: Animals being tested for rabies are decapitated in the garage (aka: "bay area") in front of cats housed there. (This is a serious violation of the law). Decapitation is done on a board set up next to the sink. PAIGE COLLIER - Rescuer who routinely visits Pound (H) 739-6686 1. Kennels are filthy. 2. Food & Water bowls are filthy; new food put on top of old food. 3. Rampant illness among animals. 4. Sick animals are placed with healthy ones leading to increased illness/death of animals. Dr. Dunnavant's staff verified to Collier that he never goes to the pound to treat animals: "Pound staff tell us what's wrong with the animals and Dr. Dunnavant sends over the meds." -7- PAIGE COLLIER (Cont.) (Note by McAfee: This corroborates other eyewitness statements that animals are treated by a "sick sheet". (Untrained) Staff faxes Dr. Dunnavant information on animals' symptoms. Dr. D. then faxes information on how the animals shold be treated, without his ever seeing the animals. Medications, including antibiotics, are stored at the pound for use by staff on sick animals. This procedure of treating animals without ever seeing them, could cost him his Veterinary License and it certainly has cost animals their lives.) (Note by McAfee: On 3/7/05, Eileen McAfee recorded a member of Dr. Dunnavant's staff (Julie) stating Pound Management decides which animals to bring for treatment; that Dr. Dunnavant depends on Management to determine who is sick; that Dr. Dunnavant rarely goes to the pound - "maybe once a month", that they know there are many sick animals at the pound; that Dr. Dunnavant depends on Pound Management to call him to come to pound.) 6. Improper Record-Keeping: Collier saw kittens bom at the pound. When she inquired what happened to the kittens staff didn't know what happened, nor if they had died. RACHEL HALL (H) 595-0383 1. Eyewitness to improper cleaning of kennels. Dogs were left in cages during cleaning. 2. Eyewitness to abuse of animals during cleaning. Kennel worker hosed dogs with the full force of water right in their faces when dogs barked at worker and if dogs came too close to the worker. LAURA DODSON (H) 794-1425 1. Eyewitness to rampant illness in pound. 2. Eyewitness to filthy kennels. 3. Eyewitness to sick animals placed in kennels with healthy animals. Witness took about 30 pictures of very sick animals in the pound and filthy conditions. (Pictures are available.) Note by McAfee: All witnesses have many of the same stories of animal abuse, cruelty and neglect to recount. Witnesses were incredulous at the 3/17/05 TV-8 news story on the Pound which showed a meticulous kennel with animals appearing to be clean, dry, healthy and well cared for, as well as Reporter Massee's statement that she "toured the kneel and fbund no violations to support Collier or McAfee's claims." (Tape available) -8- 'SleLU!Ue/{pePle Jo/pus peJn!u! 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Sl~w!ue jo lOelSaU pu~ ~llenJo/esnqe Jo slunoooe sseul!~e/~e jieLi1 e^!B ol ~peeJ sesseul!~ e^eq I '~lle>l u!eIdeo 'no~ ~tueq/ eeJVOl~ Ueel!q :uJOJ-j (1Sd) 00~0- O~:LS:~:L SO0~ uel' ~ 'nqj. :eleC] :e]OJ~ <~oo'oolt~,~eej~Ou. luae/!a> aaJtfo~ uaa!!~ ee,tVOl~l UeelFI · qonw ~eA no~ 3ueql A~opu!M aSOlO - iU!Jd , t,.;o I LllOO'OOU~/~')OOIP~OtlIIIOOfl3 ' lIP, TAT iOOtlP. Z MEMORANDUM FROM: Eileen McAfee 360-5993 RE: Chesterfield Pound Fax: 360-8145 Falsified State Veterinarian e-mail: eileenmcafee~¥ahoo.com Inspection Reports Attached are the Inspection Reports falsified by Chesterfield Pound Manager Captain Alice Berry and Gas Chamber Operator Donald Rose for the period 1998 - 2004. While Police Internal Affairs verified in writing to me that cats were gassed inhumanely, you will note on these Inspection Reports that Berry and/or Rose repeatedly told the Inspectors (at the time of on-site inspections), that cats were no._.~t gassed improperly. Berry and Rose falsely affixed their signatures and/or initials to these statements as being true. The Law Per the Inspection Reports, the inhumane euthanasia of cats falls under VA Codes 3.1-796.96, VR 80 and State Veterinarian Directive 79-1 (Methods Prescribed or Approved for Animal Euthanasia and Competency Certification Requirements). Under new Animal Welfare Laws passed by the General Assembly in 2003, the inhumane euthanasia of animals could also fall under VA Code 3/1-796.122H. _Captain Daniel Kelly, Police Internal Affair,~ In a telephone conversation with Captain Kelly 12/04, he stated Captain Berry told him gassing multiple cats together in the same cage .was always legal. However, in 4/04 she learned from the State Veterinarian's Office that this practice "was going to become illegal effective 11/1/04. Rather than waiting until 11/1/04, Captain Berry immediately stopped gassing multiple cats together in the same cage.* This, of course, begs the question: "If it was always legal, why did Berry and Rose repeatedly tell the State Vet Inspectors prior to 4/04 that they did not gas multiple cats together in the same cage?" I told Captain Kelly that Berry's explanation was nonsense (see my memo to him dated 1/13/05) for these reasons: 1. The practice was alw_!_l_l_l_l_l_l_~3~ ilIegal. 2. Berry's supposedly learning from the State Vet's Office in 4/04 that this practice was going to become illegal 11/1/04 was a lie. The State Vet never issued such a statement or Directive. -1- *Note by McAfee: Informants state cats continued to be gassed together in the same cage until 1/05. While (then) State Veterinarian Dr. Donald Butts did send out a letter dated 4/20/04 to all "Shelter/Pound Managers and Adm~mstrators of localities using Carbon Monoxide, ~ in this letter pertained to any changes in the law about gassing cats together in the same cage. Several months prior to the issuance of this letter I was asked for input about Carbon Monoxide (CO) euthanasia by Deputy State Veterinarian Dr. David Cardin. I produced a report in 12/03 entitled "Rationale for the Use of Euthanasia by Injection (EBI) (Injection by I. V. and, in selected cases, by I.P.) vs. The Use of Euthanasia by Carbon Monoxide Chambers in the Commonwealth of Virginia". I was aware revised Directives would be issued. o On 10/28/04, Dr. Donald Butts sent a letter to the same localities which simply advised them the revised Directive 79-1 was enclosed, effective 11/1/04. I suggested to Drs. Cardin and Butts that the cover letter should indicate the specific changes that were made and the location in the Directive where these changes could be found. On 11/22/04, Dr. Butts sent out a more-detailed letter to the localities which included the suggested information. Nowhere in any correspondence from the State Veterinarian nor in both the old nor revised Directive 79-1 does it state the gassing of cats together in the same cage is legal, ever has been legal or ever will be legal. FALSIFIED STATE VETERINARIAN INSPECTION REPORTS: 6/3/98, 8/8/00, 2/15/01, 8/30/01, 5/22/03 and 8/25/04 Captain Alice Berry and Gas Chamber operator Don Rose have repeatedly made false statements for many categories evaluated on the above-noted Inspection Reports, e.g. that animals are provided good care while impounded in accordance with all Animal Welfare Laws; that animals are not exposed to water spray nor hazardous chemicals during cleaning of the cages; that each animal is provided Veterinary care when required, etc. None of these statements are true. Since the Police Department has unequivocally admitted in writing that cats were gassed improperly, the following information focuses only on questions pertaining to euthanasia. .6,/3/98 - Inspector: Dr. D.A. Dieh! Pg. 1: Alice Berry and Don Rose ~igned their names next to the statement: "Contents of this evaluation have been reviewed with me by the above-named evaluator." -2- 6/3/98 Inspection (cont.) Pg. 2: Don Rose printed his name next to the statements: 1. Animals are not crowded into the chamber; 2. Only compatible animals of same size and age placed together in the chamber; 3. Cats placed in chamber individually in separate, lightweight open-wire cages with metal pan bottoms. Pg. 3: Berry and Rose verified under VA Code 3.1-796.68 and .66 that each animal is provided with adequate euthanasia under VA Animal Welfare Laws. Pg. 4.' Don Rose signed his name next to the statement: "According to 'Don Rose' Animals are disposed of by Humane euthanasia". 8~/8/?0 - Ins ector: Dr. Christonher McNeill - Others Pres · Pg. 1' Don Rose signed his name nex a th~ ~_ ,, ,eh!. D~on Rose Ca thin Bert . ' t t ..... statement Contents of this evaluation have been reviewed with me by the above-named evaluator." Pg. 2: Inexplicably, the signature line was left blank next to each of these statements: 1. Animals are not crowded into the chamber; 2. Only compatible animals of same size and age placed together in chamber. 3. Cats placed together individually in separate, lightweight open-wire cages with metal pan bottoms. Inspector graded all the foregoing categories as being in compliance. Since Inspector did not note this inspection was a umanasia Monitoring Inspection" wherein he would have observed the actual gassing of animals, and because Mr. Rose signed his name on Pg. 1, that the evaluation was "reviewed" with him, Mr. Rose falsely confirmed for Inspector that all categories evaluated were in compliance with the law. Pg. 3: Rose verified under VA Code 3.1-796.68 and .66 that each animal is provided with adequate euthanasia under VA Animal Welfare Laws. Pg. 3: Rose signed his name next to the statement: "According to 'Don Rose' Animals are disposed of by Humane euthanasia". Pg. 1: While Inspector lists the Shelter Supervisor as "Don Rose", Inspector failed to have Rose or Berry sign on any of the lines provided for their signature. Inspector does not list Rose as being "Present". In his cover letter to the County dated 2/20/01, Ins ector C 'n Be information on the "floors" of the facilit Aeain Punl ~ tn-°~t-es~,~-pt-a~i .... ~ provided him with ' ' Y' o ' , eso ~.~Ol~tu~ nOtiOn this "E '- ' was a umanasia Monitoring Inspection", (which he did not), Inspector would have been given information by Captain Berry on all categories for euthanasia. -3- 2/15/01 (cont.) Pg. 2: Inspection Report notes that the only animals euthanized by "Local Veterinarian" are "Animals <8 wks. old". This means that sick, injured and elderly animals are gassed - a serious violation of the law. (Note by McAfee: According to informants, sick, injured and elderly animals are routinely gassed.) Pg. 2: The signature line was left blank next to each of these statements: 1. Animals are not crowded into the chamber; 2. Only compatible animals of same size and age placed together in chamber. 3. Cats placed together individually in separate, lightweight open-wire cages with metal pan bottoms. Inspector graded all the foregoing categories as being in compliance. ,8/30/01 - Inspector: Dr. Christopher McNeill Pg. 1: Don Rose signed his name next to the statement: "Evaluation was reviewed with" (him). He printed his name next to the statement "Personnel verifying information during inspection." Pg. 2: Report notes that the only animals euthanized by "Local Veterinarian" are "Animals <8 wks. old". This means that sick, injured and elderly animals are being gassed - a serious violation of the law. Pg. 2: Don Rose printed his initials next to the statements: 1. Animals are not crowded into the chamber; 2. Only compatible animals of same size and age placed together in the chamber; 3. Cats placed in chamber individually in separate, lightweight open-wire cages with metal pan bottoms. Pg. 3: Rose verified under VA Code 3.1-796.68 and .66 that each animal is provided with adequate euthanasia under VA Animal Welfare Laws. Pg. 4: Alice Berry printed her initials next to the category: "Animals are disposed of by Humane euthanasia". .5/22/03 - Inspector: Dr. Christopher McNeill Pg. 1: Alice Berry signed her name next to the statement: "Evaluation was reviewed with" (her). Alice Berry and Don Rose printed and initialed their names next to the statement: "Personnel verifying information during inspection." Pg. 2: Report notes that the only animals euthanized by "Local Veterinarian" are "Animals <8 wks. old". This means that sick, injured and elderly animals are being gassed - a serious violation of the law. Pg. 2: Don Rose printed his initials next to the statements: 1. Animals are not crowded into the chamber; 2. Only compatible animals of same size and age placed together in the chamber; 3. Cats placed in chamber individually in separate, lightweight open-wire cages with metal pan bottoms. Pg. 3: Rose and Berry verified under VA Code 3.1-796.68 and .66 that each animal is provided with adequate euthanasia under VA Animal Welfare Laws. Pg. 4: Alice Berry printed her initials next to the statement: "Verify Animals are disposed of by Humane euthanasia". .8/25/04 - Inspector: Dr. Christopher McNeill This inspection, which included a "Euthanasia Monitoring Inspection", occurred one (1) day prior to my first meeting with County officials (Police Major Thierry Dupuis). In his Inspection Report cover letter to County Administrator Lane Ramsey dated 9/4/04, Inspector McNeill stated: "I have had complaints on the euthanasia practices at this facility. When I conduct a euthanasia audit, the practices and procedures are carried out correctly. When asked questions about the procedure, ! am informed of the correct answers. I can only hope that those charged with ending animals lives when I am not present carry out the procedure as they do when I am present. Within the past two years* I have witnessed Officer's (sic) Rose and Leinberger euthanize an animal in the CO chamber. The procedure and practice were carried out correctly.** From time to time I conduct euthanasia classes for Animal Control, Humane Societies. I tell those attending there is no excuse for not conducting this practice with professionalism and dignity. The animals do not ask to be put here and not looked after and they certainly do not ask to be euthanized. The correct information is there for this to be carried out humanely and professionally." */** Pg. 1: Alice Berry signed her name next to the statement: "Evaluation was reviewed with" (her). Alice Berry printed and initialed her name next to the statement: "Personnel verifying information during inspection." Pg. 2: ACO Rob Leinberger demonstrated for Inspector how animals are gassed (not the usual Chamber Operator, Donald Rose). Inspector marked all categories as being in compliance. Pg. 3: Alice's Berry's initials are in two (2) separate places on this page. She verified for Inspector under VA Code 3.1-796.68 and .66 that each animal is provided with adequate euthanasia under VA Animal Welfare Laws. Pg. 4: Alice Berry printed her initials next to the category: "Verify Animals are disposed of by Humane euthanasia". Notes by McAfee: * I do not have any inspection reports for 2002 for the Chesterfield Pound. **Since Rose knows how to perform CO euthanasia properly, and has performed it properly in the presence of the Inspector, this makes his inhumane gassing of cats even more egregious. It also shows that he .intended to do it inhumanely all other times. (In my meeting with Sgt. Phillip Polk, Internal Affairs, on 11/1/04, he told me the Police investigation was not a criminal investigation because I would have to be able to show "intent".) -5- END ACOs: .. ACO Address: CONTENTS OF THIS DeIJartme/~t of,4griculture and Consumer ~en,ices DiHsion or Animal lndust~ Senqces P.O. Bo~ 1163, ~chmond, Virginia ~3218 Phone: 804/786-2483 F~: S04/371-294~ ~eaHng Impaired: 804/3714344 Animal Shelter~ound Evaluation E~ aluator ~ City M~/Coun~ Admin: Owned by: ~ounty/City ~Hum S~SPCA ~Veterinadan ~Othe Address: Operated by: ~County/City ~Hum SodSPCA UVete~na~an ~Oth HS/SPCA, Vet, Other Address: Shelter Supen;~son_~O,~ ~ e Custodians: ~r Individuals Present: - TKE ABOVE-NAMED EVAI Date: r provided secured disposal meets Provided protected from, protected from the hail ~d cold ~rmt~ proper cloning and d/sin, surfaces perm~l proper cleaning and disinfi maintained between 55' & equate ventilation provided for each animal Bnclosure is prevents; enclosure protects, ~nng Cotd& ilo/weather a san/tary COndition w rolo & though so<ne/alh I~un~ a~d wall~ co~me~t~ ruIl~ separated according to: ~Perament age floors have solkf bottoms Of materials stolen ~ edg,-,, in cnclamm m same u and £mmi~ m ~.mc ~r~lo,ure~ anlmah m r.~ne enclosan~ u old acceptable __See VR $. ections are ucet and hose are used; locations s/germicidal agents used to animal housing area. are easily cleanab - , ".nc ilg/confinemen! areas .< ' :. on'osive and nontoxic is stored in foed b~ns on oolJabJe ~,asters or (m shelves or pa/Jets a I/n/mum of 12 inches above the floor and cold water ts provided. Page I of 4 nol have ~ ~rfac~ m when soiled no, on 2 L~ above flo~- 1 .4 '~'v . em..~., c~:i::l~ i,I o, in~.,.~..im.ls I~1~:~'1 ~?1 I ,en,o~m~a~ Adminlsler~ In ~ncentnfion ol 5 gmin~ or more · :... ..:.::: ~ " Adminlsler~ on~ IV ~ IP ro~lne y (Nole: ir lC, only in prior / /~'~1'~ 't :o~/ase or ane~hetized a lmal, & o ro~lnel ' 3~ commercial g.de ~inde,. CO us~ ~ ... )f gas ~ ~am~ & ~hieve ~n~iou~s of a~imals w~n /~. ~ to ~ s~onds. ACCORDING TO: ~4 ~ /~ Fq:~?:~?J / . gals p!ac~ a ~m~r ~di~ually ~ ~parate, Iigh~eight J I~;~::~i~ I ~::~ I I ~fo, co... ~ Page 2 of' 4 ,ion of Law ( Rcgulatlo~ VR S.9. A. VR S. 9. R_ VR S. IO ~:: ~3,1-796.68 Animal Shelter/Pound Evaluation of carcass disposal I$ acce~lable ~o the local heath department ~nimals are ~sitively dete~in~ t~ dead ~fore ~r~ dis~ ~G TO:~ & ~e~er ~nn~ are ~te~ ~ifi~ to ~fi~ d~ of mrmss dis~l & ma~ ~e, a sign ~st~) as such r~m Is: & I~Jat~ from main animal housing areas hdd ~ffsus~t~ iff anl~ls at l~ ~ hm ~f~ )lac~ In main housing areas Acco animal pro~d~ ad~uate f~ (sufficient, n~ive, a~sible, ea~ f~ provid~ in clean, ~nla~ mann~ & pla~ ~ as to ml~mEe by ~ste or ~sts) animal provided adequate water (clean, fresh, potable, accessible wale' temperature provided In clean, durable receptacles & placed so as tion by waste or Evaluation Date: anima ;s provided ~dequale Commea~: No documcnlal~on to No documeatalio~ m v,:h~7 mimala ,n me enclosure~ ;6): ~'xercise (op~nun~ to move sufac~nUy lo mainta~ ~ (g~ animat husband~, ~ndling, management, :o. n ment, te ng, ot on, ea r, reatment, e~ana~ &, ~en n~ to prevent ~ffe~ mpai~ent of heath, veteHna~ care ~ ) Is Prope~ Ughl~ (su~ficJ~t ~ean~g, ~k~p~g & ~ of Pfo~ CI~ (~. de~, sucn a ~y that animals are n~ he ' -~ ........ -~ Page 3 of 4 CO.M)IO:' 'WEAL'I'H of_ ¥'iRGI.NIA Department of .qgriculture and Consumer Set'.'ices Division of Animal Ind.ustU' St.'vices P.O. Box 1163, Richmonq. Vi~inia 23218 Phane: 804/786,2483 FAX: 804/371,2945 Rearqng fmpaired: 804/371-6344 Animal Shelter/Pound Evaluation :valuator: ..~--~. ¢. ~[c~ ~.,x\ ~::~4 lv-,,. Owned by: (X/~Count. y ()Cit. y ( )Other (specie):_ Op~:ated by: ~County ( )Cit-v ( )Other (specify): ' RS/,~PCA. Vet, Other AddresS: ' -- Shelter Supe~isor:_~5o ~--'"~ ? er Custodians: Other lndividt~als Present:_~-~. ~', ~-rt~ _ 'eleph°ne Number: -6r°q'~ '7 t"'/- &2-$~ ~'~ D ~ and ~ J . - . ~c~ enclosure orote~ afllmal$ from ~ V'R S.5. B. VR S.5. C. VR 5.6, A. -~'~'-----.~ ~e protects ~ from oelng stolen S. 4. C. separateO ~ .____.__.____.___ accorOln~ ~o: VR s. 5. A. :ages construm~ ~ acceDtaOle matenal~-- ~rs naves~ ~rowaeo) are non.oo~us ~a~r ~ ,,~._ ~ ...... ~ ~n a~lmal in ~e onma~ enclosur ~auce~ & Hose CO,he.ions -.-- .......... ,, ,_._~ ~ ~m.~=y ~nclosur~ are us~ rot was~ano c~eanm~ ~ne animal housm u~a agenm us~ to clean nousmg/confinemen~ areas ~ s. ~. Fooo u[ens,s are easuv c~eanaole. non¢orros~e ano nomomc. n rooo bins on rollable cas~em o~ on shelves or parleys a ~2 ~cnes a~ve ~ floor ~ ~~~ean fooo eou~Dmen~ a~ Patze t or' 4 ,// Aaimal Shelter/Pound EYaldation §S.I-796.96 & tare Vet Dir 79- S.9. A. VR S.9. B. Evaluation Date: ~'-'-o~-c/~ Commenu [] Animals < 8 wks old ~ Critica itl or ~nJurea animals Adm~m~er~ by hypoae~c nerve ana syringe A~mmister~ in concert[ration of 5 graln~cc or more Oraer~ in inje~bte fo~ only =eaeral O~ De~ current VA Bd of Pha~aW pe~ current 3rug ~s mor~ unaer aouble lock aha key ~dmm~mer~ only IV or IP rou~nmy {No~: if lC, only in prior ~ma~se or an~ffiafl~ animal, & ~ rouanaly). A~CORBING TO: ~imal restrmn~ humanely 0y ~ pemon or by use of a humane re.iht aevice ACCORDING TO: 'nmv~uals g~ng ~mg are competency ce~ifi~ for use P~rea~s are ~imal sh~ng a~we signs of raDi~ & u~a to ~nfinement is imoo~ible or imDmmicaDle e~hamze ~ In a~ bt kilting or ~njurmg tNestocWpoult~ ammals ~ ~na~ions ~ Pe~ use of Na penlobamRat when: ~r CO A~em~s at ~umane capture fail~ or, ~ue .. emergenw cona~Jons, not -~rearms ooerator Is comDe[enw cemfi~ for use ~mal gm~e cylin~eree CO us~. ;hamer ~s w~ll ~Ci~vld~ in c~amoer ~~anlmal aas flow pre.ute & rate aa~uate to achieve 6% ',oncentratmn of gas in chamaer & acmeve unconsciousness o ~mmals w/in 45 to 60 s~onas. ACCORDING TO: ]'_~ uthan~e for puppies & ~tten$ < 8 w~ old O: ~~- n~L ACCORDING TO: pen-~re cages ~tb metal pan CCORDING TO: mmals are leR in chamber 10 mm aRer ~eam & ~fore ~am0er o~n~ ACCORDING TO: ~mals te~ In chamber a~mtional 10 m~n aRer chamber ~ene~ ACCORDING TO: ~ 3amOer operators) i~are competency cemfi~ for CO Use ss o'sDos is acceptable to t,e local ,ealth ~epa~ment ~~~ ,~, ~twely ~etermm~ to De Qea~ before carca~ =~s~sal Local Veterinarian eutnanlzes Soc~um mentobaroital Firearms: Accordin{ 'Jaroon Monoxiae (co) Metnoa of carca DoSltlV G TO: Page 2 of 4 ~ec~mn of Law I~) ' Regulatioa vRS. IO .~3.1-796.96 Animal Shelter/Pt}unO Lvaluanon Requirement ~,COs & Shelter personnel are competency cemfied to confirm death of animals Defcre carcass diSPosal ~,n ~solatlon &~mar~eq (lo a sign ~osteo) as such ol=servatlon ~ ~"~s~la-ted~al ~lOuslng areas room ~s: [.,. .... pseq to holcl flffsuspected fll amma~s at least 48 hfs before )emg place(3 in main Iqousmg areas According to: =ach ammal prOV~dect ."clequa~e foo<~ (sufficient. nutritive, accessible, easily :onsumed food provided in ciean, sanitary manner & placed so as to 'nimm~ze contamination by waste or pests) ~ provIded eqe~3uate water (clean. fresh, potaDle, across,Die water at dnnkable temperature provided in clean, cluraDle receptacles & placed so as to mmim;ze contammation by waste or S a.S.S.S.S.S.S.S.S_~ tallows each ammal to easily s~ancl, srt fie, turn about is providecl ~, make all o~er-'"~ormal hotly movements in a normal, adequate (as :omfortable DosRion ancl allows each an;mat to interac :lefine~l in Nith other animals in the enclosure} }3.1-796.66): - . ~ (opportumty to move sufficiently to mamtam normal ~uscle tone 8, mass for animars age, species, size & conclltion ) ~~mal husl3an~ry, nanoting, management, =ontinement. feeqing, watenng, prote~on, shetter, transport, :reatment. euthanasia &, winch needed to prevent suffering or mDa,rment of health, veterinary carol ects animal from injury; see VR (sufficient natural ot'artificFa light to permit routine ~nspections, housekeepmg& observation of each limal. & provided in regular cliumal cyclesl s Properly Cleaned (carcasses. cleDns, food excrement removed otter) enough to anima! contact wi contammants, sanRized often enough to minimize sease. & enclosures cleaned in a way that ammals are not sprayed :lirectly or inairec~ly w/water or expose(3 to qazardous chemicals o~ clisinfectants amma~s from aaverse effects of s from rain. sleet, snow. hall direct sunlight provided when neeqe(3 (]e, to staOUize an:mai n life-threatemng conclition), or to prevent suffenng, disease or further Uisease orogresslon held requtre~ hOld~ng periods anas;a (see VR sect 8) or sale to fecleral agency, licenseq fe~3eral dealer, agency ~f VA or another state, or state supported instrtution, whici~ of ~ts prmc~pal place of business in VA & agree to hold by: animal 5 aOdltionaJ days after receive. Delivery to humane society in VA (or [] humane society of another state that has be~n approved by State Vet) ~,do~eo to res,3ent of city or county, or I--)to resident of ~ c)tv/count'y of Virginie. tot wmcn pound s ooerateo ~ an)ma~ check, es to oetermlne )f has license". ~ ~ .----.-.---__ Icense, tag, tattoo or collar "aclllt¥ acc~ uuu~mc a[ reasonal31e hours clurlno [ilo week Page 3 of 4 Evaluad0n Date: oc/-g-<-~.0 Commenu Animal Shelter/Pound Evaluation uoa of Law ~)] ~ , '.~ulation I Requiremen~ ~No re°re tr~an 2 animals or farn,ly of an reals oehvereo ~o ~yny ~ ~0-aav cenoe. ~n -.3.~-796 104'1 Each aTM ............. ~ .,mai war~en nas rece~vee :raining ~. 1 496.105.B. ~ecorcs and Date of~m= c~t~v R~rd ~una ~eccros nave c~eany desmnate~ spaces for i. ~aen oIt~e ~DroxtmateAge ~P0rox~mate -oca/Ion of Secure ~ollar ~emnanrzeo. 3.1-796.125:1. ~oo~~ aoonteo, etc. l [o ~ave animal sDa-~ ..... . ~ gas sterll~zation agreemen~ 3.1-795.126:2. -~ ur neu[ereo ~unless a~reaov stenlizeo) before release Evaluation Date: Co m/ll ¢i115 Statement JStenltzat~on reau~rea =y law 3rinted in ~ . :onspicuoua ir'et'son WhO wo~ates ~w'~.!ect to cw, 0ena~l .er: ACO = Animal Control O~cer/Animai Warden/D ~--= Compliance ^,. ..... _ epu~v Animal Warden: Yes = In Compliance: .No = Not in corn liance n,,, ,~,~=rmmea or was not determinable based on informano}n available at the time of the e~-' ' P : = Not Applicable: VR Reeulation VR 115-02-09. issued pursuant to §3.1-796.96 of the Code of Virginia:, = See Comments; - a~uatton: Section of the Code of Virginia: :F = Degrees Fahrenheit: etc. = et cetera: ie = that is: eg = for example . / ,,or; ,,, oG._<,_r,~.~,~. ;';o1~,¢,'o,. r"o-r~,,..r ~-r ,.,,et{ ~ ~/,,o,. . ' ' ' Division of~im~ Indm~U S~ic~ 1 · , , Phnne: ~04/786,Z~83 FAX. 804~71,Z94~ ~ea~ng [mpai~: 804/371-6344 Animal ShelterWound Evaluation locX ar~ Xey rouane~y (Note: ff lC, onJy in f~ or anesthat~fzecl anita,W, & ~ rout~ne~y]. ~. remra~ c~evtca ACC~RDZNG TO: Wrlen: comeemn~ cmTn~ea for use ammam ac~ve ~gns at ra3e~ & eu~a~ze for PUpptea ~ J~as ( 8 weeks old TO: TO: · ~n seoara:e, ltg~twe~jn! metal lan oo{r. om&' TO: mm a~ter c~eatn & belore ~ ACCORDING TO: ACCOR 10 rain attar cnamoer cen~e~ for CC) use fO:al tleaff~ Oel~3nrnerlt oefore C3~ 0~1 [ or Regulattoa [ v~ s. Io ~n Iso~a~on & & mance~ lie. a s~n o~ as su~ ~om ~ '~ & ~t~ f~m m~ ani~ ho~ng ~l~s~ dj ammaa at laa~ ~ h~ before or animal ~ 0~0~ . ma~ aU ~ am~ to ~ ~n~ ~ li~ t~ a~ut (as ~er no~ b~ ~eme~ m a no~ anrmam m m~ ~~ to ~n no~aJ tone & mm ~ ~J~'s age, sp~ ~ & ~. 1-796.g6 trmTI r~n, stool, snow, nail aL'lilly aCCe~d~lf~tp fA ,, ,.,, prov~ea wnefl neeae~ (le, [o S~lOd~T,e animal con~:lonl, otto ~ su~enng, ~ omg~mn P~s e~a s~ 8) ~o li~M f~f Oemer. agefl~ ~er r~ b~fle s~ in VA ~ t S~ V~) for ~i~ Ooun~ ~ ooe~ to ome~lne tag, t~oo or coliar Evaluation Date:~.-~_! Commeau .... ~,~,~.,,~o.c ,.-.~uvT1~ ~ '""'"~ ~'~ "/ L~'alua~JO~ ~-- ~--~ ~o ~ore man 2 gnl~gi5 or fam,v of animals ,v J I I ~av~eno _ ~e ereato any onepe~onrn , j 04:1. ~an~mal wamen nas recesv~ :raining as rea~,~ Dy me VA ~~. ' . APl=fox, mate Wmgnt .ocaaon of Se~re :~vners Name, n' known rs Acl~ress, if known ~ollar ~ccor~ ~ ~:3L~[ [ne agreement '.ne recoras ~ ',-.~n,,,,,=,, t~. !:--z -. Irtame ..... ~w,,e~ ~ Name I I I ot oog or ca~ ~mng a~ooreo , 1 re~ulreo ~y law ACO = Animal C0mrol O~eer/AnimaJ Warden~Depu~ Animal Warden Corn pliance ~o~ delermi~ed or wa~ no~ de~e~inable based on i.fomado, a~silable s~ ~he dine of lhe evaluation: Applicable: ~ = Regulation ~,~ 1 l J-01-09. is~u~ punuan~ Io ~3.1-796.96 ofthe"C0de of X"i~inia: ~ = ~ee Commen[ Section or,he Code of Vi~nia: ,~ = De~rees Fahrenbeiz: em = e~ ce~er~: ie ~ ~h~[ is~ e~ = for example -valuatio~vced ~/th: Inspected by: ../' ~ Signature' I Note: Additional facility information GUIDELINES FOR POb~D AND SHELTER INSPECTION: ' ATrACHMENq' A POUND AND SHELTER INSPECTION FORM Persohnel verifying information during inspection: Print Name & Initials~. ~J~r~ c .,t ~. Print Name & Initials Print Name & Initials Collllllents VA., Regulation Requirement or Dir~ve V~ § 10 Potable water provided V~ ~20 ;)urable, no"-"~ntoxic, secured or non-t~ppable water receptacles provided V~ §30 Solid was disposal meets all applicable taws VE §40 Each ~ animal protected from direct sunlight, rain, sleet, s~ow and half §3. !-7~.68 Each animal protected from the adverse effects of heat and cold Floor surfaces permit proper cleaning and disinfectng ~_s pe.rmit proper cleaning and disinfecting ____.._ ~ man, ary ~ "'~ a sentra condi~on VR §40 ity/enctosure prevents animal escape ry protects animals from injury . R §40 ! ~'~m bel~ig stolen V'R §70 constn, mted of acceptable materials have solid bottoms (if provided) are non-porous ace provided each animal in the primary enclosures ose Connections are provided at convenient locations are used for washing and cleaning the animal housing area. agents used to clean housing/confinement areas utensils are easily deanable, non-corrosive and nontoxfc. [t'stm-~ ia bass, the bags arc 12" offthe floor on ~ under the food/eo~taiaer (on rollers or easters) i~ clean. Sink wffh hot and cold water is provided. hot and cold water Is used to clean food equipment and utensils. '~so, -796.96 & Dh' 79.1 euthanizes [] All animals ~ Animals < 8 wks old /j~ Crillcally ill or injured animals by hyPodermic needle and syringe ~n concentration of 5 grains/cc or more in injectable form ody permit is current Bd of Pharmacy permit is current is stored under double lock and key only IV or IP routinely (Note: if lC, only in n~, or anesthetized animal, & not routinely). .. humanely by 2"~ person or by use of a t device VERIFY: drug are competency cerlJfled for use ~' animals -rearms are showing acl~ve signs of rabies & is impossible or impra~ceble GUIDELINES FOR POUND .~X/D SHELTER INSPECTIOt · CONTrNU~ ,'CC) ~ot permit use of Na pentobarbital Carbon Monoxide :O). capture failed or, due to possible. competency certified for use operated in a well-ven'dlated area. ._~co.?mercial qrade cylindered CO used. sealed. light provided in chamber Window enables observation of lhe animal flow pressure ~-rate adequate to achieve 6% ~ of gas in chamber & achi~qmconsciousness w/in 45 to 60 seconds. puppies & klttem < 8 weeks old are not crowded into the chamber., & age placed together placed in chamber individually in separate, lightweight pan bottoms. left in after death & before · opened in c'h/affi~ddi~ona110 rain after chamber VERIFY: ~.L_~_ for CO use §90 V'R ~90 ~3.1-796.68 Method of carcass disposal is acceptable to the local health department determined to be dead before carcass disposal elter personnel are competency certified to confirm death of animals before carcass disposal marked (ie, a sign posted) as such is: cally separate & isolated from main animal housing areas hold ill/suspected ill animals at least 48 hrs before lng placed in main housing areas VERIFY: animal provided adequate food (sufficient, nulritive, accessible, easily 3d provided in clean, sanitary manner & placed so as to t. contamination by waste or .pests) provided adequate water (clean, fresh, potable, accessible rl3.1-796.66): muscle tone & mass for animal's age, species, size & drinkable temperature provided in clean, durable receptacles & so as to minimize contamination by waste or pests) animsi -----. ~ animal to ~ stand, sit, lie, turn about provided make all other normal body movements in a normal, adequate (as portion and allows ~ animal to i~ ~ defined in other animals in the enclosure) move sufficleni~y to maintain normal animal husbandry, handling, management, feeding, watering, protection, shelter, t~ansport, euthanasia &, when needed to prevent suffering or of hea~ that: Safe (protects animal from injury; see VR 40) - (sufficient natural or e Inspections ~, provided In regular diurnal ,1 of each Properly Ciea~ (carcaese~, debris, food removed often enough to contact w/contaminants, sanitized often enough to minimize ~, & enclosures cleaned in a way that animals are not sprayed or exposed to ~hemicals or disinfectants) animals from adverse effects of from rain, sleet, snow, hail direct sunlight needed (ie, to stabilize prevent suffering, or further disease p~rogression CONT~NU~ required holding periods Humane e._..._~anasia (see VR §80) .3iff or sale to federal agency, agency of VA or another state, ~r state supported institution, licensed federal dealer (which has its principal place of business in VA) ~ they hold the animals at least 5 days after the date of receipt. Delivery to humane society in VA ~ a humane society of an~ state that has been approved by State Vet) ~,dopted to resident of city or county, to resident of ~ :ity/county of Virginia, for which pound is operated, or adopted to any person if animal is neutered. checked to determine if has license, tag, tattoo or collar accessible to public at reasonable hours during the week .796,96 i3.1-796.104:1. '3.1-796.105.B an 2 animals or family of animals delivered to any one person in animal warden has received training as required by the VA Code the have Species Date of taking custody of animals :)ate of Record Color Breed Sex ~proximate Age ~Pproximate Weight Reason for Se~e Loc~on of Selz~c ~3wner's Name, if known ::)wner'a Address, if known Ucense, Tag, Tattoo and Collar Disposition of Animal (eg, euthanized, adopted, etc.) i3.1-796.126:1, of each dog or cat adopted f~om pound signs sterilization agreement ~payed or neutered (unless already sterilized) before release i3.1-796.126:2. According to Date of the agreement Ihe records C~y or Name reviewed the ,"terJl~zation 3,ounty'a: "---------- Address agreement Signature (ACO, Custodian or other contains: ~ 'epresentative) New Owner's/ Name ~,dopter's '--------- Address _._..__..__ Signature ~go .o! _cat being adopted ~ date by which dog or cat to be sterilized ~ .may be comp~ ~o"'~ply with ~ Drovlaons of this law GUIDELINES FOR POUND &ND SHELTER INSPECTION e/~:~/t9 / ~ ~F)'~c_ ATTACHMENT, ' CONTINUE2 VI)ACS, 0~ o.f_ yete , -673 ! Fa~: 454,947.2280 YR§$0,. Lo,al 1:3 All animals "~ · 1.796.% '-'Vete~arian f.~ 'YC).l / euthantzes ,gi'/'Animala < 8 wks old , ri C~le, ally I~ or injured animelo ............ Sodium '(Ne) Admird~red by hyp~derml0 needle and ~nge ~, ........ Pentob$~l ~.ciininl~erea Xn con.o.e.~atlon of 5 graln~co or more ,., . . ~mane r~t ~ ~: .. e~a~e ~ ~ a~ of abU or bj~g ~~u~ '~ I .... ~ a~ma~ on~ ........ ~g ~nd~ enabl~ o~ of I ~a~ p~ ~ch~m~ ~ op~e~ ~ meal p~ bo~. ~ma~ ~e leR ~ ~am~ ~ a~r ~ & before ~mab ~R ~ c~e~~tO m~ aR~ ~am~r AG~ & ~e~r p~l am compe~w ca~ed to ¢on~ dea~ of a~mals ~fo~ ~ ~ ..... J~l~o~' Pro~ed & m~ed (le, a ~ ~d) ~oo~ 10'. ~med food pm~d ~ de~, ~a~ manner & plaid ~ch ~m~ p~ded ade~ ~r (~n, ~, ~e, a~e · pro~ded & make aU o~r ~ ~ mo~m~ a~ (as ~mf~ble ~n ~d ~ ~ 3,1-1~.~}= ~eml~ (oppo~ ~ m~e ~ m~e ~e & m~ for ~e a~, ~n) i.mPa~e~ Of hen~e~ ~e] ~ ~: Is Safe ~r~ a~al ~m ~; !4°) / L, ~ Prop~ U~ (~e~ ~ or ~11 ~ & ex=emem rem~ o~ e~ugh ~lm~ anlma~ m~ ~ ~ ~n ~ and ~ase, & ~ ~aned ~ a ~y ~t ~ are ~ ~myed. ~d. _ · · and d~ed ~ ~.!.796.~ An~malsh.~ld.r~equ~redhol~lngpefiods , '~i .d '1 I I .......... .... t I ........ '--- A ..... , _, as ~ p~pm p~ace of b~ ~ VA ~ey ~Id ~ -. ma~ at least 5 da~ e~er ~e da~ of receipt , ~ ~, to ~ of ad , ' - - ~ '~ ~"'~ ~ ~'~'~, ~ ~ "~, ~, ~ ~ ~r /I I ~ 1 ............. 30~ay p~, ,1~.t~:1, ~d ~t~ a~reCred by ~ VA ~ ..... .~-z~.,os.s. aco ~ '~ ~ _ . am~v~m~n9~a~lma~ ~o~ co~r ' ~ ~ ~-- ~ .... ' re~ have ~t~d ....... · ' ~,,~,fors~, ~~~ . . ~~~ ...... , ~~~ ....... ,, ~ *~OO,~n~r ...... ~~ . ' .... ~ d.~ ~ ~ a~ °r ~i~ ~*-~d- -" , .... , ..... : '; ' ~ ' ' .............. ' I 1, J. Carlton Courter, 111 Corem i.¥sioner COMMONWEALTH of VIRGINIA Department of Agriculture and Consumer Services Division of Animal & Food Industry Services Office of Veterinary Services P.O. Box 1163, Richmond, Virginia 23218 Phone: 804/786-2483 · Fax: 804/371-2380 · Hearing Impaired: 800/828-1120 Office of V~tetma~.8o~ices 4832 Tyreeanna Road Lynchburg, VA 24504 434-947-6732 Fax: 434-947-2280 9-4-04 Lane B. Ramsey PO Box 40 Chesterfield, VA 23832 Dear Mr. Ramsey; S EP - 9 ?'~n4 VDACS-DAFIS Please find enclosed the most recent inspection made to the Chesterfield County Animal Pound on 8-_~25-04. There are a few areas of noncompliance that need to be addressed. Floors and walls should be perfectly smooth and nonporous so as to aid custodial efforts to keep the facility clean and disinfected. There are still some areas of the floors and wails that need some attention in the way of surface preparation and sealing/painting. Some of the painting that has already been done is peeling. Vigilance and perseverance must be used to maintain the facility in its required condition. Floors and walls should be continuously monitored and corrective actions taken when deficiencies are noted by facility staff. Cages for housing cats should have solid bottoms. Some cages were noted with slatted bottoms only. The easiest solution to this is to place a rubber mat of some type on the cage floor. This mat then can be cleaned and disinfected with the cage itself. I understand that this facility is in the process of arranging for a local veterinarian to euthanize animals such that the Carbon Monoxide (CO) chamber can be abolished. If this comes to fruition, I for one will not mourn its passing. I have had complaints on the euthanasia practices at this facility. When I conduct a. euthanasia audit, the practices and procedures are carried out correctly. When asked questions about the procedure, I am informed of the correct answers. I can only hope that those charged with ending animals lives when I am not present carry out the procedure as they do when I am present. -Equal Opportunity Employer- With/n the past two years I have witnessed Officer's Rose & Leinberger euthanize an animal in the CO chamber. The procedure and practice were carried out correctly. From time to time I conduct euthanasia classes for Animal Control, Humane Societies. I tell those attending that there is no excuse for not conducting this practice with professionalism and dignity. The animals do not ask to be put here and not looked after & they certainly do not ask to be euthanized. The correct information is there for this to be carried out humanely and professionally. I would respectfully request a whtten response to tiffs inspection report within 45 days of the date of this letter. Outline the steps to be taken to address problems at the facility and what will be done to address problems as soon as they arise to personnel at the facility. Sincerely, Christopher McNeill DVM Cc~ Richard Wilkes DVM, Program Manager Alice Berry, Chesterfield County Pd. Supervisor File POUND AND INSP TION FORM VDACS, Office of Veterinar~Services, 4_832 Tyreeanna Ro~vA 24504:434-947-6731 Fax: 434-947-2280 Facility: ~, eslr~c 1~ ~o,,,.,~r~ Date:__~-~t"-O~- Personnel verifying information during inspection: Evaluation reviewed with.~. Signature:_ Note: Addition~ facili~ i~o~ation - see page 6 Print Name & Initials Print Name & Initials Citation fo~ Cod, of VA, Regulation Requirement or Directive VR §10 Potable water provided VR §20 Durable, nontoxic, secured or non-lippable water receptacles provided VR §30 Solid waste disposal meets all applicable laws V'R §40 Each animal protected from direct sunlight, rain, sleet, snow and hail and §3.1-796.68 Each animal protected from the adveme effects of heat and cold Floor surfaces permit Proper cleaning and disinfecting Wall surface._..____~s permit proper cleaning and disinfecting maintained between 55OF & 85OF Adequat~ ______.______ Each building and animal enclosure is clean, dry and in a sanitary condition VR §40 Each facility/enclosure prevents animal escape Each enclosure protects animals from i.__njury ----------- Each facility/enclosure protects animals from being stolen VR §40 ~i~ according to: ~ ~ _________~l emperament VR ~50 Cages con.__....~cted of acceptable materials Cage floors have solid bottoms VR §50 Pallets/Resting boards (if provided) are non-porous VR §50 adequate space provided each animal in the primary enclosures VR §60 Faucet & Hose Connections are provided at convenient locations Faucet and hose are used for washing and cleaning the animal housing area VR §60 dD~fectantrdgermicidal agents used to clean housing/confinement areas VR §70 =ood utensils are easily cleanable, non-corrosive and nonto~c. Food stored away fi-om vermin. If stored in bags. ~hc bags am 12" offthe floor on a shelf or pallet. Area under the food/container (on rollem or easters) is clean. Sink with hot and cold water is provided. ~ Sink with hot and cold water is used to clean food equipment and utensilS. Dir 79-] euthanizes Pentobarbital (co) [] All animals 8 wks old ill or injured animals needle and syringe ~n concentration of 5 grains/cc or more form only DEA permit Js current under double lnck an-'~ey only IV or IP routinely {Note: if lC, only in n~ or anesthetized animal, & no._..~t routinely). restrained humanely by 2"d person or by use of a resl~aint device VERIFY: for use ely to euthanize animals showing active .~gns of rabies & no__~t permit use of Na pentobarbital ~ne capture failed or, due to is ! certified for use operated in a well-ventilated area. commercial grade cylindered CO used. well sealed. in chamber window enables obsen/afion of the animal flow pressure-& rate adequate to achieve 6% of gas in chamber & ac w/'m 45 to 60 seconds. VERIPt' s VERIFy: ! ~.~thanize for puppies & kittem < 8 weel~ old not crowded into the ~amber. VERIFY compatible animj~ls~pf same size & age placed together VERIFY: I(~C t,- in chamber in separate, lightwe~gh~ with metal pan boltoms. are left in chamber. 1 after death & before r opened VERIFY.. in charr~er addYdonal VERIFY: ~...~ 10 rain after chamber is/are for CO ~ v-~ §9o V'R §90 §3.1-796.68 ~ disposal is acceptable to the health department to be dead before carcass disposal & shelter pemonneJ are competency certified to confirm death of carcass disposal marked (ie, a sign posted) as such is: ! separate & isolated from main animal. }il animals at least 48 hm before VERIFY: animal provided adequate food (sufficient, nulritive, in clean, sanitary manner & accessible, contamination by waste or placed so as to animal provided adequate water (clean, fresh, Potable, accessible temperature provided in clean, durable receptacles & to minimize ~ animal (allows ea_.q~ch animal to ~ stand, sit, lie, turn about make all other normal body movements in a normal, position and allows each animal to i~ ' animals in lhe enclos~-~ move sufficiently to maintain normal tone & mass for animal's age, species, size & (good animal husbandry, handling, management, feeding, watering, protection, shelter, fransport, eulhanasia &, when needed to prevent suffering or animal from injury; see VR 40) Lighted (sufficient natural or permit rouline inspections, housekee.ping & observalion of each & excrement removed often enough to animal contact wi contaminants, sanitized often enough to minimize IJsease, & enclosures cleaned in mimals are not sprayed chemicals ~r exposed to ~is from adverse effects from rain, sleet, snow, hail When needed (~e, to stabilize prevent suffering, §3.1-796.96 §3.1-796.104:~ §3.1-796.105.B held required holding pedods sia (see VR §80) or sale to federal agency, agency of VA or another ate supporte .d in_slit?. 'on, licensed federal dealer (which pJace eT business in VA) & they hold the the date of receipt. society in VA o~ a humane society of been approved by State Vct) resident of city or county, to resident of..~_.j~acent ., for which pound is operated, ~ any person if animal is neutered. animal checked I , tag, taltoo or collar to public at reasonable hours during the week more than 2 animals or family of animals delivered to any one pemon in animal .. VA Code king custody of animals }3.1-796.126:1. i3.1-796.126:2. for Age Weight for Seizure of Seizure if known Tag, Tattoo and Collar of Animal (eg, euthanized, adopted, etc.) dog or cat adopted from pound signs sterilization agreement , .. an_.~.lmal spayed or neutered (unless alrea ste" ~ccorelng to [Date of ~m~-- ~ dy dl~zed) before rele,=se ne records ~~." .... =greement :ontains: Signature (ACO~ or other .----______ representative) ~ew Owner's/ Name 6,dopter's . . _ ~,ddress ~-_'.~""i' u~ uog or cat being adopted ~ date by which dog or cat to b~-stedlized ..mo/day/year) ......... u ul ~intn ~uiredbylaw -- =onspicuous ~o violat~ . .. ' ~j~t~[ tO CIVIl ~l.d ~rir~t-" I_New. o.---~'~er may be compelled t~oo comply with Page 1 of 1 M A I L Subject: Date: From: To/ RE: FOZA re Alice Berry's Training Tue, 22 Nar 2005 17:30:i0 -0500 "Ramsey, Lane" <RarnseyL@chesterfield.gov> "Eileen McAfee" <eileenmcafee@yahoo.com> Dear Ms. McAfee, Print - Close Window Regarding your March 16 e-mail, we have double-checked with the Police Department, and you have received all of the training documents which are responsive to your request. Very truly yours, ~. Lane B. Ramsey ..... Original Message ..... From: Eileen McAfee [mailto:eileenmcafee@yahoo.com] Sent: Wednesday, March :;[6, 2005 1:i.:23 AM To.' Ramsey, Lane Subject.. FOLA re Alice Berry's Training Mr. Ramsey: I received information on training programs' attended by Animal Control Officers and, inadvertently I assume, those attended by Clerk Althea Short, which I had not requested. I did not receive any information at all, however, for Alice Berry as I had requested. I am writing to ensure that the failure to supply this information was not simply an oversight. Please remember, my FOIA asked for information on "animal care training" only. Thank you very much. Eileen McAfee Do you Yahoo!? Yahoo! Small Business - Try our new resources site! http://us.£411.mail.yahoo.com/ym/ShowLetter?box=Chesterfield%20Pound&Msgld=5635 4... 4/I 1/05 DEFINITION OF CATEGORIES EVALUATED BY STATE VETERINARIAN INSPECTORS ON ANIMAL POUND/SHELTER INSPECTION REPORTS Prepared by Eileen McAfee (804) 360-5993 eileenmcafee(~yahoo.com Resources: VA Animal Welfare Laws and State Veterinarian Directives, Regulations & Guidelines FOREWARD: Although some of the categories evaluated may appear benign, e.g. Floors/Walls, Signage, Accessibility to public, they can have far-reaching, devastating consequences. Spread of disease in pounds can result in increased euthanasia rates which contributes to low employee morale, high employee turnover, increased costs to the locality to hire and train new staff, and higher taxes. The failure of pounds to enforce State Sterilization Laws (and the failure of the Office of Veterinary Services to ensure pounds comply with this requirement), that all adopted animals be sterilized contributes to the homeless animal overpopulation problem so evident throughout the Commonwealth. The enormous cost to maintain and, in most cases, ultimately euthanize these animals is passed on to the taxpayer. (E.g. 2 unsterilized dogs and all their offspring will produce 67K dogs in 7 years; 2 unsterilized cats 240K cats. This is a solvable problem.) ACO: Animal Control Officer CAGES: Must be constructed of acceptable material to facilitate ease of cleaning, reduce spread of disease and prevent injury to animals. No protruding sharp pieces of metal or metal bolts, no rusted, broken cages; cages must have solid floors vs. wire floors to prevent injury to animals' toes and legs. Roofs must be provided on outside kennels to protect animals from the elements. .CARE: Animals must be handled and confined humanely; provided adequate food and water which is accessible and easily consumed, provided in a clean, sanitary manner (vs. scattered on the floor/ground), and placed in food receptacles so as to minimize contamination by waste or pests. .CLEANING: Each building and animal enclosure must be clean, dry and in a sanitary condition to reduce spread of disease. Faucet with hot and cold water, hose and sink must be available to wash cages and food utensils. Disinfectants (vrot~erl¥ measured) must be used to clean cages daily. ' .... Animals must be removed from cages during cleaning. Not removing them results in cold, water-soaked animals, exposure to hose spray and hazardous chemicals or disinfectants, resulting in illness, injury (especially to eyes), and body scald from chemicals/disinfectants. DROP BOXES: Although there is no category for "drop boxes" on the Inspection Report (and there should be), Inspectors occasionally note in their reports that a "drop box" is located on the premises. Like "laundry chutes", drop boxes are used by the public to "drop" off their unwanted animals when the pound is closed. Large and small animals alike are dumped in these boxes: cats, dogs, wildlife and poultry with no regard to their safety. Consequences: Animals are injured/killed through fights/cannibalism. Left unchecked for long periods of time, animals in these drop boxes receive no food/water/veterinary care. (See Appomattox, Halifax and Southampton) EUTHANASIA: (Greek origin meaning "good death") Training & Certification: To provide a humane death for animals, staffmust be trained and certified to euthanize animals. To avoid incinerating or burying animals alive, staff must also be trained and certified to determine death in an animal (through the use of visual observation, testing of reflexes and use of a stethoscope). Euthanasia staff must be trained and certified by a Licensed Veterinarian and must demonstrate to a Licensed Veterinarian their ability to perform all aspects of euthanasia performed at their facility. Euthanasia re-certification is required every 3 years. Observation of Euthanasia by Inspector: To verify euthanasia is performed according to law, Inspectors must personally observe its performance. (Inspectors, however, routinely evaluate all aspects of euthanasia administration and" " humaneness based on .the word of staff. Staff simply places their initials by their statements on the inspection Reports. There are currently no ramifications by the Office of Veterinary Services for misleading Inspectors.) There is currently no catego _ry on the Inspection Report to .indicate euthanasia was personally observed by Inspector. ~: Federal DEA and VA Board of Pharmacy permits must be current for euthanasia drags. To prevent abuse/theft, drugs must be stored at the facility under double lock and key. _Methods of Euthanasia: 1. Intravenous (IV): The term "IV Euthanasia does not mean IV "drip". IV "drip" is only used to administer medications (for humans and animals) over varying lengths of time. IV euthanasia takes seconds to perform whether in a veterinarian's office or at an animal pound/shelter. In IV Euthanasia, a small, virtually painless needle is inserted into the animal's vein (usually a foreleg) and a small amount of drug is injected. The animal dies within a few .seconds (approx. 5 seconds). IV Euthanasia requires the use of an approved drag; correct dosage for the weight of animal; an appropriate-sized needle for size of the animal; a new needle (minimal cost) for each animal (a dull needle is more painful); shaved injection site with clippers* (with sharp blades); proper injection site; the humane restraint of the animal by a 2nd person or -2- *Veterinarians and experienced technicians may not always have to shave the injection site. Methods of Euthanasia (IV} cont.) by a humane restraint device; animals are not euthanized in front of other animals and the removal of their bodies from the euthanasia area prior to bringing another animal into the area for euthanasia. Because "stress pheronomes" (odors) and produced by animals during the process, other animals are sensitive to these ordors. Removal of the bodies of already euthanized animals reduces the stress on other animals. IV euthanasia is used for all conscious or unconscious, healthy or sick, adult or elderly, non-fractious dogs and cats*. (See note below re cats). 2. Intracardiac (IC): Is never to be performed on conscious animals. May occasionally be used for euthanasia, but only in prior comatose or anesthetized animals and not as a routine form of euthanasia. 3. Intraperitoneal (IP): Although IV is the preferred method for adult animals, IP is preferred for kittens and puppies. When non-Veterinarian.q perform injectable euthanasia, IP,is also preferred for adult cats instead of IV. All animals euthanized IP should be placed individually in individual, small enclosures to prevent injury at they pass through the stages of anesthesia. During these stages, animals "thrash" around and could suffer from injuries in this process. By placing them in their own individual enclosures, they will also endure stress associated with observing each other die. All other criteria under "IV Euthanasia" must be observed. 4. Carbon Monoxide (CO-Gas Chamber): Chamber Operator must be currently certified to use carbon monoxide and to operate a CO chamber; chamber must not be located in an area where other animals are present and where they can see animals placed in the chamber and/or hear their vocalization as they are being gassed. Animals less than 8 weeks of age must not be euthanized by carbon monoxide. (The Humane Society of the United States aka: HSUS, experts in shelter management, recommends not euthanizing .animals less than 4 months of age by CO.) Due to their under-developed lungs, these young animals cannot properly assimilate the gas and their death is prolonged. Sick, injured and elderly animals also cannot be gassed as they too may not be capable of properly assimilating the gas. Only compatible animals of the same size, age and species can be placed in the chamber together; animals must not be crowded into the chamber; cats must be placed in the chamber in individual, lightweight, open-wire cages with solid, metal pan bottoms (to prevent bodily fluids, which animals excrete during death, from dropping to animals below, thereby increasing stress in these animals); chamber must be well sealed (to ensure a humane death for the animal and prevent injury to Chamber Operator); there must be a viewing window for Chamber Operator to observe animals during the gassing process to ensure the chamber is operating effectively and animals become unconscious within 45-60 seconds; natural or -g- *Veterinarians and experienced technicians can perform IV euthanasia on adult cats, however, it is recommended that all other personnel use IP (interperitoneal) euthanasia on adult cats as well as on kittens and puppies. ~Methods of Euthanasi~ artificial light (flashlight) must be provided so that Chamber Operator can observe animals in chamber; adequate gas flow, pressure, and rate must achieve 6% concentration of gas in chamber and achieve unconsciousness of animals within 45-60 seconds (to ensure a humane death for the animals and to prevent explosion of the chamber. Explosion will occur at concentrations of 10% or greater); animals must be left in the chamber 10 minutes after death is observed This ,and. 10 more minutes after the chamber door is opened (to ensure death oft~e animals and allow gas to be vented from the chamber. is also to ensure the safety of staff entering the chamber to remove animals' bodies); must use only commercial grade, cylindered CO f_no truck exhaust); chamber must be operated in a well-ventilated area to prevent injury to other animals in the facility and to the Chamber Operator. (Carbon Monoxide is a cumulative poison, consequently, the potential short and long-term personnel hazards are great and should be taken into consideration if a locality intends to continue using this method to euthanize its animals.) 5. Firearms: Staff must be certified for euthanasia by firearms and knowledgeable about species-specific sites for humane euthanasia by gunshot in order to provide humane euthanasia for animals, safety of the public and avoid liability for the locality. Firearms are only to be used in the following instances: 1. When an animal is showing active signs of rabies and confinement is impossible or impracticable; 2. When a dog is in the act of killing livestock or poultry; 3. When conditions do not permit use of Na (sodium) phenobarbital or Carbon Monoxide (CO); and, 4. When all attempts at humane capture have failed or, due to emergency conditions, are not possible. FOOD: Stored at least 12" above the floor to protect it from dampness and infestation by pests (food 1/ce/rodents), which could result in disease in animals. Must be stored in a sanitary manner to reduce the spread of disease. HOLDING TIME: Animals are held the required holding time prior to adoption or euthanasia. Animals without ID are held 7 days, which includes the day they enter the shelter and the day they are disposed of; animals ~ ID are held 12 days with the same criteria. ~: Increased ability for owners to re-claim their lost pets; income derived from the collection of impound fees from owner; limits liability of locality for premature euthanasia of an owner's animal); lower euthanasia rates; increased employee morale, lower employee turnover (also a tax savings), and good public relations. Each animal is checked to determine if it has a collar, license, tag, tattoo, or other form of ID (microchip) so its owner can re-claim it. ~: Increased ability for owners to re-claim their lost pets; tax savings to the locality (decreased time to house and care for pets and income derived from the collection of impound fees from owner); lower euthanasia rates; increased employee morale, lower employee turnover (a tax savings); positive PR. -4- ISOLATION: An Isolation Room must be provided and marked (i.e. a sign posted as such), and physically separated from the main animal housing areas. Isolation Room is used to hold ill/suspected ill animals at least 48 hrs. before placing them in the main housing areas to prevent the spread of disease. Drains in Isolation Room must not open directly into main kennel area, exposing healthy animals to disease. LIGHTING: In kennels: Sufficient natural or artificial lighting to permit routine inspections, maintenance, cleaning and observation of each animal in order to detect illness and/or distress. Adequate light is necessary for animals' sense of well-being, stress reduction and physical health. Diurnal lighting (dark and li , . · . animals must have periods of dark tnioh~ · ..... g,h.t ,c.y, cles) is also required. Companion animals are no_.!t nocturnal. · ,...~,1~ ~u t~t. unn~:e some wildlife, companion in Gas Chamber_: To observe the proper functioning of the chamber; to ensure animals' death within the legal time limit; and to ensure chamber door is not o ened rematurel PALLETS: Provided so animals can escape wetness and avoid urine and fecal scald (especially crucial for puppies and kittens). Made of easily cleaned, non-porous material to reduce the spread of disease· PUBLIC ACCESS: RECORD KEEPING: Facility must be accessible to the public at reasonable hours during the week. ~: Increased ability for public to adopt animals and for owners to re-claim their lost pets; tax savings to the locality (decreased time to house and care for animals and income derived from the collection of impound/adoption fees from owners/adopters); lower euthanasia rates; increased employee morale, lower employee turnover (a tax savings), and good public relations. Records must include: Date an/mai is taken into custody; date of making the record; ful__!l description of animal; reason for seizure, location &seizure; owner's name & address; identification on animal; health condition of the animal; disposition of animal (euthanized/adopted/re-claimed by owner). ~: Limits liability of locality for premature euthanasia of an owner's animal if date on record is incorrect); increased ability for owners to re-claim their lost pets; tax savings to the locality (decreased time to house and care for pets; income derived from the collection of impound fees from owner; lower euthanasia rates; increased employee morale, lower employee turnover (also a tax savings), and good public relations. -5- SAFETY: Facility and cages must be in good repair to protect animals, staff and the public from injury (no protruding wires nor sharp metal). Facility and cages must adequately protect animals from escape and theft, a liability issue for the locality when an owner attempts to re-claim their pet. SEPARATION: By species, size, sex, age and temperament to prevent injury and/or death, pregnancy, fighting and dominance (which could result in smaller and elderly animals not having access to food and water). SIGNAGE: Signs on the facility indicating it is a pound/animal shelter and signs at major intersections are necessary to direct the public to the facility. Consequences: Increased ability for public to adopt animals and for owners to re-claim their lost pets; tax savings to the locality (decreased time to house and care for animals and income derived from the collection of impound/adoption fees from owners/adopters); lower euthanasia rates; increased employee morale, lower employee turnover (a tax savings), and good public relations. SPACE: Adequate to allow each animal to easily stand, lie, sit, turn about and make all other normal body movements in a normal, comfortable position and allow each animal to interact safely with other animals in the enclosure. Not overcrowded: to prevent fighting, injury, death (including cannibalism in some instances - (See Wise County) and spread of disease. Mother dogs and Mother cats must have enough room in their cages to prevent them from suffocating their litters. (See City of Richmond) STERILIZATION: State Law mandates that all animals adopted from VA pounds be sterilized within 60 days or, if under aged, by 6 months of age. Pounds must follow-up and ensure adopters have complied with this law. Consequences: The saving of MILLIONS of taxpayer dollars currently spent on the maintenance of pounds throughout the Commonwealth due to animal overpopulation; the lessening of animal suffering through abandonment, homelessness, illness/injury and euthanasia. (E.g. 2 unsterilized dogs and all their offspring will produce 67K dogs in 7 years; 2 unsterilized cats 240K cats.) SURFACES: Damaged surfaces results in improper cleaning and disinfecting and spreads disease (results in increased euthanasia, decreased employee morale and high employee turnover). Floor and Wall surfaces should be smooth and sealed to avoid harboring disease and ensure ease of cleaning. Surfaces must not be cracked, broken, pitted, porous, rusted or rough. Paint must not be peeling. TEMPERATURF,: Protection from the.elements (direct sunlight, rain, sleet, snow and hail). Temperature must be maintained between 55 F. - 85 F. degrees. TRAINING: Each animal control officer must be trained as required by the Virginia Code and receive at least 15 hrs. of continuing education in animal care and protection eve~. ~: Employee safety; tax savings on Workman's Compensation Insurance claims; public safety; reduced risk of liability to locality. Humane treatment of animals; good public relations. ..TRANSPORT: VENTILATION_: VETERINARY CARE: - WASTE: WATER: Animals must be humanely transported in vehicles which provide protection from direct sunlight, rain, sleet, snow, hail and exhaust fumes from the transporting vehicle. Area on transport vehicle in which animals are contained must be ventilated and clean. Animals must not be left in vehicle any longer than necessary to transport them. (Not to exceed 85 degrees for more than 45 minutes without supplemental ventilation; not to fall below 45 degrees for more than 45 minutes without supplemental heat.) Vehicle must contain at least 1 gallon of fresh water, a blanket, ~ flashlight, safety gloves, proper restraint equipment for species transported and a First Aid kit. (See "Animal Control Vehicle Regulations 2 VAC 5-120-10 thru 2 VAC 5-150-230" for all requirements.) Facility and cages must be adequately ventilated to reduce the spread of disease. Must be provided when necessary to stabilize an animal in a life- threatening condition or to prevent suffering, disease transmission or further disease progression. _Solid & Carcas~: For employee and public safety, disposal of animal waste by- products and carcasses must comply with local health standards. For the safety of staff and the public and to reduce illness in animals, water must be potable (drinkable) and comply with local health standards. Clean, fresh water must be provided to animals at a drinkable temperature, in clean, durable receptacles, placed to minimize contamination by waste or pests and placed in a position accessible to the animal. WATER RECEPTACLES: Durable, non-toxic, secured and non-tippable. Made of a substance that is easily cleaned to ensure proper sanitizing and reduce the spread of disease. Non-tippable feature ensures water is available for the animal. Must be placed in a location accessible to the animal and be of~ for the animal. (Small puppies and kittens must be capable of drinking from the receptacle). -7- END FINDINGS, RECOMMENDATIONS, RESPONSES X X CAUSE(S): Based on discussions with management and staff: · Staff records unsterilized animals as "sterilized" in order to perform monthly counts/statistics. · Animal Control was not notified of the change in the State Code, whereby a signed statement regarding animal cruelty, neglect, abandonment is necessary. ,, With the volume of paperwork already filed in animal records, Animal Control did not think it was necessary to keep copies of rabies vaccine and license as proof of compliance. * Animal Control makes unwritten exceptions to the fees required by County Code. · Verbal approval is often given when releasing an animal at no charge. EFFECT(S}: Some conditions resulted in noncompliance with State and/or County Code, while others increase the risk of noncompliance. In addition, boarding fees belonging to Chesterfield County may not be properly collected. '%/~ A~'~ 6~,~ ~ ~.~ .~,?~ gL. C¢)MMENDATION(S): u ~ p~. (g We qommend Animal Contro~l for compliance wilh policies., procedures, laws and regulations in Iht areas ofcuth.'lnasla~ quarantined animals, and dangc,'ous dogs. ~ C1~/¢ We r¢colTimcnd Ihal animal records be improved by: a. Oblaining a s~gnctl :,;JillCfllCnl from persons and organizations gaining custody of animals from ('hc.s112rficld Ammal Sh1211er, whereby individuals ccrlify they have never be12n con~,,l¢112d iii' illlll¥1l, lJ CrL~121l~. Ilc~Jccl. or abandorllTlenl: b. /\¢cLIra1121y rccortling slc'riJl,,'illlOll 'q~.llLIS of alllmLlJ,',; (12 tZ 110[ recording animals as Slcrilizcd wh12n cv~d12ncc sho~x Ihc¥ arc nol s112ri lizcd). c Initial thc ~m~mal t'ccords Ih01 Iht' rabies vaccine cerlil'ication (dogs and ci~ts) and license {dog,si WCl'C reviewed. d. ('ollccling hoarding Ikcs as rcqti'cd by County Code (prior audit finding), Any c~ccpllon should bc documClllcd in wriling and approved by mallagement, MA NA GEMENT'S RESPONSE(Si: IlL a. C"tntcui: Alice IL~ Bero,. Mt#ta,eer Aittntai C)mlrtd is tz..~7~ottsible fi)r [mplemeittilte 7/I/04, ( ~..rected u'ilh u'ritteit directive.. ' a. Ct,tu'ur. Ali~'e 1:. Berry. Maitager Am.ud C'tmlrtd is re.~fonsihle./br implementing 7/I/04. C'm're{'led the eml~lOycc n'lu~ n'ux It,vitt,e the i. tprol~er xvstem field lo c'ottnl h. I)o NtH ('tlllUttl-. AIII'III(II ,~'ltt'Jter n ill ,ccd to atbl tree additional .vla/]'nlelllJ>er (tt'co,qdixh llti.v Itt.v~'. ]iitdq, el ~.,,tt.vll.ttilll~. dtJ Itel ti[Iow tl.¥ Io hire th[.¥ .vlc~[]'member at this Z/I/04. Any ~tv(.<7>tit~n Io I/lc J}oclt'd J{'¢'~ will bt, itlq~rol,ed by a .~'tq~ervi. vor t'llld,vi,[,nt~d Providing a FIRST CHOICE cornmunity through excellence in pubhc service MEMORANDUM TO: Colonel Carl Baker Chesterfield County Chief of Police DATE: August 20, 2004 FROM: Eileen McAfee 360-5993 Fax: 360-8145 e-mail: .eileenmcafee@yahoo.com RE: Request for Meeting re: Chesterfield Animal Shelter Dear Colonel Baker: I would like to request a meeting with you and perhaps others selected by you in regard to the Chesterfield County Animal Shelter. For several years I received information on abusive animal practices at the Chesterfield Animal Shelter from then currently employed and former staff members, volunteers and citizens. I continue to receive information on illegal practices at the facility. I would like to meet with you and present this information. If agreeable to you and to Deputy State Veterinarian Dr. David Cardin, I would like to invite him and State Veterinarian Inspector Dr. Chris McNeill to attend our meeting along with Board of Agriculture Representatives for Chesterfield County, Theodore'Hardison and Jennifer Nolen Peterlin. The State Veterinarian Representatives' participation may be helpful in interpreting your shelter's Inspection Reports. Under the category of Euthanasia, for example, eyewitness statements indicate Mr. Rose has consistently lied to State Veterinarian Inspectors. To tell you something about my experience: My educational and professional background is in Criminal Justice (Chino Institute for Men and Los Angeles County Probation Dept.) and Social Work (DPSS and Medical Oncology). I currently serve on the Executive Committee of the Metropolitan Richmond Task Force on Animal Cruelty & Human Violence. My colleagues on this Committee are Richmond Deputy Commonwealth's Attorney Michelle Welch and Robin Starr, Executive Director & CEO of the Richmond SPCA. Our membership comprises representatives from Hanover, Henrico, Richmond and Chesterfield Commonwealth Attorneys, Police Departments, Social Workers and Animal Control personnel, as well as attorneys from both the U.S. Attorney and the Attorney General's offices. Colonel Carl Baker Page 2 August20,2004 Via televised media reports in 1996, I became aware of the very serious conditions at the City of Richmond Municipal Pound and I worked hard to bring about improvements there. I subsequently undertook the task of reviewing conditions in all of Virginia's pounds and shelters by examining thousands of pages of documentation provided by the Office of the State Veterinarian. These documents included Inspection Reports, Correspondence, Complaints, Permits and Certificates for 110 facilities. Some of the documentation dated back ten (10) years. In 1999 1 produced a report entitled "A Review of Virginia's Animal Pounds & Shelters". This study was used by the General Assembly-appointed Task Force created to propose ideas for improving Virginia's pounds and shelters. One of their recommendations was the levying of civil penalties against facilities chronically in violation of Virginia's Comprehensive Animal Welfare laws and making no effort to comply. The Civil Penalties Bill (HB 1514) crafted by the Task Force unanimously passed both the House & Senate in Y2000. In 2002 1 updated my original study by reviewing the most current documents available for 136 Virginia Pounds and Shelters. The results of this study were submitted to the Governor's Commission on Efficiency & Effectiveness in Government. My focus was the high cost and waste of tax dollars in the operation and oversight of our public pounds. Problematic localities often spend thousands of dollars in studies, research and personnel tumover in efforts to resist change. Likewise, the Office of the State Veterinarian expends valuable time and resources when repeated inspections to recalcitrant fac. ilities are required. I hope that my knowledge of Virginia's Pounds & Shelters and the information provided to me about the Chesterfield Animal Shelter can be of assistance to you. May I suggest the attendance of the following individuals at our proposed meeting? County Administrator Lane Ramsey, Major Thierry Dupuis, Shelter Manager Alice Berry, Veterinarian Dr. Dunnavent and Supervisor Donald Rose. Sincerely, ............ ,- ,~-,~m-cm~,yanoo.com Page 1 of 2 AIL Date: From: Subject: To: Fri, 15 Oct 2004 08:14:42 -0700 (PDT) "Eileen McAfee" <eileenmcafee@yahoo.com> RE: *****SPAM***** State Police "Dupuis, Thierry" <DupuisT@chesterfield.gov> Print - Close Window I understand. Thank you. *Dupuis, Thierry* <Dupuis T@chesterfield. gov> wrote: Mrs. McAfee Chesterfield County Police Department has at its disposal a well trained and professional investigat ve body that enjoys an excellent reputation. Some small agencies employ the services of the state police because they do not have the same resources at their disposal as we do. There is no need for the services of the state police. will be contacting you in the near future to schedule a meeting to discuss your concerns. ..... Original Message ..... From: Eileen McAfee [rnailto:eileenmcafee@yahoo.com] Sent: Friday, October 15, 2004 9:56 AM To: Dupuis, Thierry Subject: *****SPAH***** State Police Dear Major Dupuis: Would it be appropriate to ask the State Police to be involved in the Chesterfield Pound issues to ./~ avoid any appearance of a conflict of interest? Eileen McAfee Top Stories Animal warden accused of violating animal adoption laws, suspended without p; By JENAY TATE, Coalfield Progress Editor and Publisher March ( Wise County Animal Warden Carter McCoy has been accused of violating the state's ani[ seizure and impoundment laws and been suspended without pay. McCoy is scheduled to be arraigned today in Wise County General District Court on two misdemeanor arrest warrants issued Thursday. He was suspended Friday. Acco~:ding to complaints attached to the warrants, on around Feb. 10 McCoy "arranged Adve, and authorized the giving away of two black Labrador retriever dogs to citizens who were not tl original owners." McCoy admitted to state police that the dogs, named Sadie and Jasmine, were away without the adoption agreement having been completed, according to Virginia State Polic Special Agent J.J. Daniels. http://us~f4~~~mai~~yah~~~c~m/ym/Sh~wLette.r?b~x=Chesterfie~d%2~P~und&Msg~d=3282 0... 1/30/05 ............. - ,--,-~m-ca~e~.yanoo.com Page 2 of 2 A citizen who wanted to adopt the two dogs complained to County Administrator Ed Sealover, · then contacted Wise County Sheriffs Investigator Mike Holbrook. Before he did anything else, Holbrook said Monday, he first needed to determine whether a crime had potentially occurred o whether this was just a violation of county policy. After researching the question, Holbrook said he concluded there was the potential a crime had committed. //~The case was turned over to ' ' 1' ' · state pohce, Sher~ffRonme Oakes smd, because his department nee to avoid the appearance of conflict since it works closely with McCoy. Dotson, whose office works closely with McCoy on criminal cases, may ask the court to appoint a special prosecutor the same reason. Dotson hopes to decide this week. Dotson said Monday that McCoy is accused of circumventing state law to give away two dogs ~ shelter without making arrangements for them to be spayed and neutered. Dotson said he under., that McCoy knew of someone interested in breeding the two Labrador retrievers. He is alleged t have "circumvented the law so as to cause that to happen." Dotson stressed that there has been no allegation that McCoy benefited monetarily or otherwise "One of the things that concerned us was that his statement of the matter didn't match up with facts as we knew them," Dotson said, "and that's when we started getting concern about it." County Administrator Ed Sealover was out of town and could not be reached for further comm¢ Assistant County Administrator Shannon Scott confirmed Monday that McCoy was suspended without pay on Friday. ©Coalfield. con, 2004 Do you Yahoo!? vote.yahoo.corn - Register online to vote today! Do you Yahoo!? vote.yahoo.corn - Register online to vote today! http://us.f411.mail.yahoo.corn/ym/ShowLetter?box=Chesterfield%20Pound&Msgid=3282 0... 1/30/05 Page 1 of 2 w/A oO[ Date: Tue, 02 Nov 2004 16:08:33 -0500 From: "David Cardin" <David. Cardin@vdacs.virginia.gov> To: eileenmcafee@yahoo.corn Subject: Re: Sgt. Polk, Chesterfield P.D. Will Call You Eileen: Dr. Butts and I discussed this and we believe Sgt Polk is correct in his citation of the Code whereby animals can be euthanized for humane purposes; however, when that occurs, he still must abide by the guidelines outlined in our euthanasia directive i e. carbon monoxide · cannot be used as the euthanasia method if the animal is sick, elderly or injured. Dave David E. Cardin, DVM, MSPH Deputy State Veterinarian Division of Animal & Food Industry Services Virginia Department of Agriculture and Consumer Services 804/786-4560 dcardin@vdacs.state.va.us Print - Close Window >>> Eileen McAfee <eileenmcafee@yahoo.com> 11/1/2004 4:48:42 PM >>> Dear Drs. Butts & Cardin: I have just returned from a 3-hour meeting with Sgt. Phillip Polk of the Chesterfield Police Department, Office of Professional Standards. He tape recorded our conversation, which was agreeable to me. Sgt. Polk will be calling you for clarification of a couple of issues we discussed and were at an impass over. · 1. One of the complaints by eyewitnesses is that si6k, elderly and injured animals are routinely gassed at the Chesterfield pound. Sgt. Polk defended this by pointing out that VA Animal Welfare Law 3.1-796.96 (D) states: "Nothing in this section shall prohibit the immediate destruction of a critically injured, critically ill, or unweaned animal for humane purposes. Any animal destroyed pursuant to the provisions of this chapter shall be euthanized by one of the methods prescribed or approved by the State Veterinarian.,, Sgt. Polk stated that since carbon monoxide is one of the "approved,, methods, nothing prohibits them from gassing the foregoing animals. (He did state, however, that even though the foregoing appears to allow the gassing of unweaned animals, he knew this was not allowed.) I said gassing the foregoing animals is not allowed because they are unable to properly assimilate the gas thus prolonging their death. 2. Inspection Report 8/25/04: "VR 90 ACO's and shelter personnel are competency certified to confirm death of animals before carcass http://us.f411.mail.yahoo.com/ym/ShowLetter?box=Chesterfield%20Pound&Ms~,id=2472 o · ahoo! Mall - elleenmca~ee(,~ya~oo.com disposal." Dr. McNoill marked this category as beiqg "In Compliance" and wrote in the Comments section: Rose, Raines, (looks like) Leinburger". Sgt. Polk disagreed with my statement that all ACO's needed to be certified in death determination. Sgt. Polk stated only those ACO's and staff who operate the gas chamber need to be certified because VDOT, not ACO's, pick up dead animals in the field. FOIA REQUEST: Under FOIA, may I have a copy of all Inspection Reports for the Chesterfield Pound subsequent to 8/25/04 and all correspondence to and from the County since that date in regard to the Pound? Thank you very much. Eileen McAfee }'age 2 oi'2 Do you Yahoo!? Check out the new Yahoo! Front Page. www.yahoo.com/a http://us.f411.mail.yahoo.com/ym/ShowLetter, box=Chesterfield ¼20Pound&Msgld=2472 0... 1/31/05 HAIL. Date: From: Subject: To: Thu, 2 Dec 2004 22:47:27 -0800 (PST) "Eileen McAfee" <elleenmcafee©yahoo.com> Summary of Meetings "Thlerry Dupuis" <dupuisl:@chest:erfield.gov> Major Dupuis: ~agc ~. Ol 0 Pdnt - Close Window The following is a summary of my contacts with you' ahd Sgt. Polk (Office of Professional Standards) which have led us to where we now stand. I am not wdting this letter as a representative of the Executive Committee for the MetroPolitan Richmond Task Force on Animal Cruelty & Huma~n tViolence primarily because my colleagues on this committee were not present for any of these meetings.. ' After my last meeting with you on 11t17/04, I have no confidence that Chesterfield County is capable of, nor interested in investigating any of the allegations of animal abuse, cruelty or neglect at the County pound. Contrary to your statement in the press imploring people to "work with us to build a relationship; work with us for the common good - not against us" (Chesterfield Observer 9/04), it is clear to me your sole intention is to discredit the messengers; defend pound management and maintain the status quo.' As a former Social Worker, I experienced the reluctance of the public to step forward with their concerns and/or suspicions, especially in regard to issues Of abuse. The public often feels they must be able to prove a crime was committed before speaking out and that they themselves must investigate the issue. We repeatedly tried to educate citizens that it is not up to them to investigate or prove anything; this is the job of the professionals. This is the spirit in which I first came to you,. an individual with information i thought, you should know. Unfortunately, it is clearly not the manner in which you do business. While it was a pleasure to meet with you the first time on 8/26/04, I found you to be a c.ompletely changed man at our subsequent meeting on 11/17/04. I was met with a belligerent, ridiculing and, frankly, unprofessional attitude. You and Captain Alice Berry rePeatedly (audibly) laughed at what appeared to be "' ,, ns de jokes about many of the issues; When I.finally called you on this behaviour, you insisted you were not-laughing, you were merely "smiling" because you and Captain Berry "know things you don't". When I asked to be let in on the 'Joke", you stated you couldn't tell me because they were "personnel is. sues". It was very mUch a feeling of 2 against 1. '. The simplest of questions were responded to with disdain, e.g. Why wasn't eyewitness to abuse Tracey Crittenden interviewed? Answer: 'Tm sure you still have Sgt. Polk's business card; why don't you call and ask hi_.~_m. I'm not part of the investigation." This certainly raised another question; though I did not ask it: If you're not part of the investigation, why were we' meeting? I can only assume your performance was for the benefit of Captain Berry. I was surprised to see Ms. Berry at the meeting because not only had you not given me the courtesy of telling me beforehand that others would be present, but because you denied my request that she and Don Rose be present at our first meeting. (I had requested this in writing to Col. Carl Baker on 8/20/04. -You responded that we would meet alone.) Within the first few minutes of my arrival at our meeting, you became incen§ed over my referring to the Chesterfield animal facility as a "pound". I honestly did not know what I had ~one or said to anger you. You · stated: "We don'.t appreciate your using ttie derrogatory term 'pound' for our shf~lter. It's a telling you I meant no insult, that "pound and shelter" have very different leg shelter." Despite my chose to ~l'definitions*, you nonetheless continue to feel offended. Your erroneous perception that I intentii~nally insulted you seemed to set the tone for the rest-of the meeting..(I assume you too tape recorded our meeting, You will hear. how soon into the meeting this incident occurred.) While I had hoped to quietly work with you and other officials behind the sge. nes to help remedy some of the http://us.f41 l,mail.yahoo,conffym/ShowLetter?bOx__.SentAMsgid=6447.5819357 148939 6,.. 12/3/04 i~c z oi o alleged problems (as I have done in numerous other situations), ! feel I have run into a brick wall and this approach is not possible. Summary - 8/26/04 First meeting. You expressed relief and appreciation that I was not there to debate you over use of the gas chamber~ You spoke briefly on CO vs. IV euthanasia, stating: "What Veterinarians are able to do in a clinical setting cannot be done in an animal shelter. Vets have time to hang an IV bottle on a pole, but we don't have that kind of time." I gave you the list of alleged abuses categorized by the VA Code, Regulations and Guidelines under which they fall. In addition to the alleged abuse of animals, of particular concern to me was the appearance that Captain Berry and Donald Rose falsified official government d~)cuments(the. State Veterinarian Inspection Reports) by affixing their signatures and initials to statements that may not be true. You asked if I was looking to have people prosecuted, fired, e[~. t'l said I just wanted the problems fixed, not necessarily prosecution or termination. I also told you my meeting with you was confidential and that I had not told the media we were meeting, nor would-I tell them. I stated I felt it was important for Captain Berry and Mr. Rose to be present; that I felt they had a right to hear the allegations, see the list of violations and the eyewitness statements. You did not agree, .stating you felt it could be too confrontational. I countered that I had done this at other localities and it worked; that I was not there to accuse anyone of anything, but to simply lay out the allegations for all to see and let County officials deal with it outside of my presence. You remained firm that this is not how you wanted to handle it. I understood and accepted your position. I provided you with the Annual Stats as reported to the State Veterinarian by Capatain Barry that 525 animals were found dead in their cages at the Chesterfield pound in 2003. I also gave you the Stats for the City of Richmond and Henrico County pounds. 133 and 122 animals respectively died in their cages at these facilities. A review of al_] pound/shelter stats for all facilities in VA, which included others of similar size to Richmond, Henrico and Chesterfield, revealed that no others came close to the City of Richmond or Henrico County in the number-of animals who died in their facilities, let.alone to Chesterfield County's 525., I left this very cordial meeting with the understanding that you took the allegations seriously; they would be investigated, and we would have a follow-up meeting. The following day, I sent you a "thank you" note for what I thought was a productive meeting. - 9/04 Chesterfield Observer news article "Controversy swirls aroun'd (~ounty shelter": "Animal mistreatment claims are unfounded, said Dupuis, citing the results of an internal audit completed in July and the State Veterinarian's .latest inspection report which showed only two'minor violations." I was very disappointed to read your statement. You had not contacted me to set up another meeting, nor given me any indication you thought they were unfounded. When I stated this at our most recent meeting, you angrily replied: "You knew an investigation was going on." I did not know this when I read your statement in the newspaper. - 10/15/04 I asked if it would it be'appropriate for the State Police to be involved in the Chesterfield Pound issues to avoid any appearance of a conflict of interest? You responded: "Chesterfield County Police Department has at. its disposal a well trained and professional investigative body that enjoys an excellent reputation. Some ~all agencies employ the services of the state police because t.hey do not have the same resources at their disposal as we do, There is no need for the services of the state I' " po ~ce. - 11/1/04 At his request, I met with Sgt. Phillip Polk. Sgt. Polk tape recorded our meeting. I told him I was surprised that an investigation was continuing, based on what I had read in the newspaper.. He said County employees are prohibited from speaking to the media. I showed him your statement. He was unaware you had http://us.f411,rnail,yahoo.com/ym/ShowLetter?b~)x=Sent&Msgld=6447 5819357 148939±6... 12/3/04 made this statement. Sgt. Polk presented me with VA's Animal Welfare Laws and cited the section that carbon monoxide is an "approved" method of euthanasia in Virginia. He argued that al_JI animals (sick, injured, elderly and pregnant) could, therefore, be gassed. I argued that although CO is an approved method, it is no__jt an approved method for ail categories of animals. He did acknowledge that under-aged animals could not be gassed, but remained convinced CO was approved for everyone else. I suggested he contact the State Veterinarian's Office for clarification. He agreed to do this. (In a subsequent meeting at the State Veterinarian's Office on 11/5/04, I learned that Sgt. Polk may have called the Office and may have spoken to Dr. Robert Pitts. 'Dr. Pitts was just recently hired and he could not recall absolutely that he spoke to Sgt. Polk.) Sgt. Polk told me he wanted "Names, names, I can't do anything without names" (of informants.) I refused to provide him with any names without approval of the individuals involved. When I suggested he review the exit interviews in Human Resources of staffwhose employment at the pound was terminated and who freely spoke to H.R. about the problems at the pound, he refused, stating I wanted him "to go on a-fishing expedition" and he wouldn'.t do that; "it wouldn't make for good relations with Human Resources." My next suggestion was that he interview Tracey Crittenden. He wrote her name down. (On 11/17/04, I contacted Ms. Crittenden, whom I had never met nor spoken to Prior'to this time, to ascertain if she had been interviewed by Sgt. Polk in regard to her allegations. She had not.)- To the allegation that animals are not always determined to be dead prior to disposal of their carcasses and that a stethoscope is never used, Sgt. Polk stated he saw a stethoscope at the facility just days before our meeting. 1 asked where was the stethoscope located? Sgt. Polk refused to tell me. When I asked again, stating I didn't understand why he couldn't tell me this, all he would say is it is "at the facility." I asked why he couldn't tell me what room it is in, again stating I couldn't understand what difference it would m~ke for me to know this since I had repeatedly been. told by'eyewitnesses that a stethoscope was definitely not Used. Finally, Sgt.-Polk stated: "It's by the gas chamber." I replied I didn't understand why he was so reluctant to tell me something so benign, to which he replied: 'Tve told you more than I should have." At that point, I did not Et all understand the importance of the stethoscope being located by the gas chamber and still did not understand Sgt. Polk's reluctance to tell me its location. · . Concerned that I had been given misinformation, if not outright lied to, I called the informant who had told me "a stethoscope is never used". The.informant laughed and stated, 'q'hat stethoscope has been hanging out there unprotected from the elements 24/7. It's been rained on, snowed on and baked by the sun' for years and it doesn't workJ It is never used? A day later, the stethoscope disappeared. 11/18/04 I met.with you and Captain Berry, I, unknowingly and unintentionally,, insulted both of you, according to you, though CaptainlBerry subsequently acknowledged she knew there was a difference between the term "pound" and "shelter". You repeatedly termed the meeting and issues "ridiculous, ridiculous". When I asked why eyewitness Tracey Crittenden was pot contacted for a statement, you stated: "We don't believe anything Ms. Crittendon has to say. She has no credibility. She did qot see sick animals gassed. 'We have-means to prevent this;" When I asked if you thought Ms. Crittenden was lying, you and Captain Berry both laughed (again) while stating to each other, "We're not going there, are we? We're not going there." When I asked if Ms.' Cri~endon were willing to provide a signed statement about the abuse of animals she has http://us.f411.raail.ijahoo.com/ym/ShowLetter?~ox=Sent&Msgld=6447 5819357 148939 6... 12/3/04 t'age ~ ot o witnessed at the pound, would you believe her? You, leaned back in your chair, threw your arms up in the air and said, "Bring 'er in; have her sign an affidavitl" You did not answer that you would then believe her allegations were credible, however. ' (I called Ms. Crittenden later that evening and asked if she would be willing to sign a sworn statement. She replied, "Absolutelyl") I reported that people have stated they feel the RFP for off-site injectable euthanasia is a "sham" (and please remember, "sham" is not my word; this is the term used by individuals reporting to me). You and Captain Berry stated there were specific reasons injectable euthanasia had to be performed off-site: a.) There was no room to do it at the facility; b.) 2 room~ were required, one room in which to euthanize the animal and a second room to lay out the animals while they died which, you were told, would take about 40 minutes; c.) A lift table was required. I asked what was a "lift table"? You explained it was a table that went down to the floor and lifted the animal up like an elevator to the level of the person performing euthanasia. In a challenging tone, Captain Berry-asked me, "How would you euthanize wildlife?" (.without CO). She semed surprised that I could answer that question (netting and pole~syringe to pre-sedate prior to. IV/IP euthanasia). FYI, by the way, most pounds/shelters do not use CO, but all pounds/shelters euthanize wildlife. Captain Berry should know this and know that it can be done without CO. (Henrico/Hanover/City of Richmond for example) To the allegation that Captain Berry smokes around animals as young as 2 weeks old, Captain Berry stated she smokes in her Office. I replied the complaint was not that she smokes in her Office. 'You then literally tried to provide an excuse for her by stating~ "1 can imagine people bring, young animals into her Office when she's smoking." I reiterated that was not the allegation. Captain Berry expounded on her original statement by adding she also smokes "outside and in the garage." I then stated the garage is where the very young animals are housed. In others words, Captain Berry had just admitted to the allegation. You suggested, we "move on". To the allegation that Dr. Dunnavent rarely, if ever, comes into the pound, Captain Berry replied that was simply not true. When I asked how often he comes in, Captain Berry stated he was there 11/5, 11/10 and 2x's last week". She stated the reason no one sees him come in is because he usually comes in early in the morning or late in the evening when no one is there. To my statement that there should be invoices to reflect these visits, Captain Berry replied, "Not necessarily because he does a lot-of pro bonowork." When I asked if there were months he did not comes in at all, Captain Berry answered "Yes." Since there are no months when there are no sick animals at the pound, this statement by Captain Berry verifies the allegation that sick animals do not receive Veterinary care. (I subsequently spoke to informants. They stated Dr. Dunnavent has come into the pound to attend Chesterfield Humane Society Meetings, but not to examine or treat animals. They also stated that if he comes in to examine and treat animals when no one is present, how does he knows which ones to treat and examine? Further, how would he know what their most current symptoms are with no staff present to inform him? The idea that he would search through hundreds of animals and find them on his own is "ludicrous" according to one informant. Another informa'nt provided me with new information when I raised the foregoing scenario... Informant stated s/he was present at the pound during a weekend Rabies Clinic held outside the facility. Dr. Dunnavent was also present outside. Informant asked Dr. Dunnavent to come into the pound to look at a very sick dog. Dr. Dunnavent, "who .never.goes into the kennel area", demanded informant retdeve the animal from the kennel area and bring the dog.lo him in the exam room, which s/he did. http://us.f411 .mail.yahoo.conffyngShowLetter?t~ox=Sent&Msgld=6447_5819357" i 48939 6... 12/3/04 Upon seeing that Dr. Dunnavent had no medical equiPment with him in order to perform an exam on this critically ill animal, informant asked him where his equipment was. He stated it was "in the car". He did not retrieve his equipment when asked to do so, did not perform an adequate examination on the animal as he was incapable of listening to its heart, lungs and abdominal sounds; he also could not properly examine the dogs eyes, ears nor mouth. To the allegation that "sick sheets" are faxed to Dr. Dunnavent and he prescribes medication and treatment for the animal based on information contained on the sick sheet without ever seeing the animal, Captain Berry presented a lengthy, convoluted explanation about the sick sheet format. Captain Berry never answered the question, "Does Dr. Dunnavent treat animals withoUt ever seeing them and if so, does he charge the County the same amount of money as he does for:those animals taken by staff to his office for treatment? You challenged me with the question: "Why don't you go to th;' ~ .. Veterinary Board and report it yourself?" I replied that l could certainly go to the Board of Veterinary Medicine; they would investigate and Dr. Dunnavent could end up losing his Veterinary License. Again, my first choice was to simply go to County officials, present the allegations and let you handle it all quietly. YOUR MISCONCEPTIONS: 1. IV Euthanasia is no_j the same as iV drip. An IV "bottle" is not "hung". A small needle, is simply inserted into the animals foreleg (the most common site); the animal dies within seconds, not 40 minutes. An IV bottle is only hung when medication is given to a person or animal to treat an illness. (See Dr. Butts' 11/22/04 letter, pg. 1 "Part III -Approved Methods (Page 1) The use of injectable euthanasia agents is the most rapid and reliable method of performing euthanasia.") 2. A "lift table" is no__Jt required for IV euthanasia. If the animal is too large to lift up to a stationary table, euthanasia can be performed on the floor. This is also less stressful for large dogs especially, who do not like to be elevated. (This is why the two-tier cage system in kennels is not a recommended design.) The numerous Veterinarians I know all have stationary stainless steel tables. Lift tables in Vet's offices may be required for x- ray purposes. This is not something you would be doing at your facility. 3. A se.c.ond room is not required to "la,, out ani--' ................. -- ~, ,,,,~ wn,e [ney oie. IV eutnanasia is almost instant death. After determining death through use of a stethoscope or toe pinch, corneal relex testing AND visual observation of the lack of respiration, dead animals can be immediately bagged and disposed of. Animals euthanized by IV do not What you described to me in our meeting as taking "40 minutes" is IP (intraperitoneal) euthanasia. This type of euthanasia is no_j recommended for adult dogs or for cats when euthanasia is performed by a Veterinarian. IP euthanasia is recommended for young kittens and puppies whose veins may be too small for IV euthanasia. Some say it is also recommended for adult cats when euthanasia is performed by non-veterinarians. In any case, a second room is not necessary for IP either. Young animals euthanized by IP .[;nust be placed in a small container and must pot be laid out together to die. During the course of dying from IP euthanasia, animals thrash around as they go through the planes of anesthesia and lose bowel and bladder control. Unless contained individually, they will hurt themselves and each other while still conscious, during the process of dying. Very young puppies and kittens can be placed in a "pig pile". They are most comfortable in this position because it is how they sleep at this age. 4. IP euthanasia is no__jt administered in the chest. IP is administered 1" below the umbillicus so that organs are not hit with the qeedle, a very painful experience for the animal. When you asked Captain Berry what was the name of the euthanasia "given here", you pointed to your chest. Captain Berry replied "IP". This is wrong. It is lC (intracardial) injection and is illegal to. perform in conscious animals. It is a serious violation of Animal Welfare Laws. It is very painful for a conscious animal to be euthanized lC. (Please remember, one of the allegations is that Dr. Dunnavent has performed lC euthanasia in http://~.f'4 ] ] .ma~Lyaboo.com/¥m/ShowLetter?l~ox=Ser~t~lVlsgid=6447_58 ! 93'57 "2:148939_(~... 12/3/04 I-'age 0 otO conscious animals and that both he and Don Rose have stated it is "legal".) 5. Staff will not be traumatized by administering IV euthanasia or by holding the animal during IV euthanasia any more than they are by watching and hearing animals being gassed. IV euthanasia is a far more peaceful and quiet death than CO euthanasia. We have all held our own beloved animals during euthanasia. Certainly holding an animal not our own, is far less emotional. Fractious animals can be pre-sedated in order to perform IV euthanasia on them. (None of the foregoing is intended to minimize the toll it takes on sensitive and caring staff members who euthanize large numbers of animals on a weekly basi,s by any method ofeuthanasia.). Sincerely, Eileen McAfee co: County Administrator Lane Ramsey Col. Carl Baker *The Cheste~eld County, tax-supported, animal facility is a pound; not a shelter. If you choose to be a shelter, you must be privately funded, or contract with a pdvate shelter to perform the duties required for cities and counties to maintain a pound, and, you must meet different criteria for operating a shelter vs. a pound. That you choose to call your facility a "shelter" does not make it a shelter under the legal definition of "shelter". In 2002, the General Assembly specifically dealt with the definition of pound vs. shelter-vs, releasing agency in regard to SB 260. As you can see in the most recent letter dated 11/22/04 from State Veterinarian Dr. Donald Butts explaining in detail the revisions made in Euthanasia Directive 79-1 (originally sent 10/28/04), the words "pounds or animall~ shelters" are used. Do you Yahoo!? Yahool Mail - Find what you need with new enhanced search. Learn more. http://us.f411.mail.yahoo.congym/ShowLetter?b'ox=Sent&Msgld=6447_5819357_148939_6... 12/3/04 MEMORANDUM. TO: Robert J. Fierro, Jr. Assistant Commonwealth Attorney DATE: January 31, 2005 FROM: Eileen McAfee 360-5993 Fax: 360-8145 e-mail: eileenmcafee@yahoo.com Request for Animal Cruelty/ Abuse/Neglect Charges & Falsification of Government Documents On 1/28/05, I, along with three (3) eyewitnesses, met with Chesterfield County Magistrate Shawn Barnes and requested the filing of criminal compiaints against Chesterfield Pound Manager Captain Alice Berry and Gas Chamber Operator Mr. Donald Rose in regard to the above violations. Magistrate Barnes referred us to you. We look forward to meeting with you on 2/2/05 at 1:00pm. SUMMARY 1. On 8/26/04, I met with Chesterfield Police Major Thierry Dupuis and presented him with a list of violations and eyewitness accounts of animal cruelty, abuse and neglect occurring at the Chesterfield Animal Pound for the period 1998 to 2004. 2. On 8/26/04, I also presented Major Thierry Dupuis with evidence that Chesterfield Pound Manager Captain Alice Berry and Gas Chamber Operator Mr. Donald Rose falsified official government documents (State Veterinarian Inspection Reports) for the period 1998 - to at least 4/04* in an effort to cover up violations of numerous Virginia Animal Welfare Laws. 3. Since 8/26/04, I have worked behind the scenes with various members of Chesterfield County Administration and Police Departments in an effort to remedy the problems and improve conditions for animals impounded at the Chesterfield pound. 4. On 10/15/04, I requested that the Chesterfield Police Department request the services of the VA State Police in an effort to avoid any appearance of a conflict of interest in their investigation of the allegations. Major Thierry Dupuis, CPD, denied this request. 5. Chesterfield Police repeatedly demanded of me the names of confidential informants, stating they could not undertake an investigation without eyewitness accounts. I explained that witnesses, at that point, were fearful of retaliation. I countered there were many aspects of the investigation they could undertake without the identities of my informants. I offered several suggestions, essentially evidence that was right under their noses. They accused me of wanting them to go on a "fishing expedition" and refused my suggestions. They also complained that I was "trying to tell (them) how to do their job". -1- o On 12/2/04, Chesterfield Police finally admitted to me, in writing, that animals were inhumanely euthanized at the Chesterfield Pound. They also stated, in writing, that this practice had stopped and, therefore, they were closing their file. On 1/13/05, I wrote Chesterfield Police stating it was unacceptable to me for the police to admit crimes were committed and resolve the matter by simply closing their file. I requested an explanation as to how the admitted Class 6 Felonies and the repeated falsification of State Veterinarian Inspection Reports would be addressed. I received no response. I questioned how private citizens can selectively be prosecuted for animal abuse, cruelty and neglect, but County employees get a "pass" by merely stating "it won't happen again". I received no response. I advised them that witnesses were now ready and willing to give statements to the police, and I asked how this should be undertaken. Should we come as a group or individually? To date, I have received no response. ' 8. Documentation is attached in support of the foregoing allegations. END * On 12/22/04 Captain Daniel Kelly informed me by telephone that Captain Alice Berry told him the gassing of multiple cats together in the same cage was legal. However, in April, 2004 she claimed to have learned from the State Veterinarian's Office that they were coming out with new Directives, effective 11/1/04, making this practice ~. Rather than waiting until 11/1/04, Captain Berry immediately ceased gassing multiple cats together in the same cage. Captain Berry's story is absolute nonsense; she blatantly lied to Captain Kelly, unbeknownst to him. The gassing of multiple cats together in the same cage has been illegal for many years, is still illegal and the new Directives do not have anything to do with changing this aspect of euthanasia by carbon monoxide. (I worked with the State Veterinarian's Office in developing ideas for some of the new Directives for CO euthanasia.) Were Captain Berry's story even true, how do she and Don Rose account for verifying - with their initials and signatures - to the State Veterinarian Inspector on all Inspection repons prior to 4/04 that cats were ..not placed together in the same cage and gassed? (See Inspection Reports of 6/3/98, 8/8/00, 2/15/01, 8/30/01 and 5/22/03) -2- 3620 Luckylee Crescent Richmond, Va 23234 December 9, 1993 Mr. Donald Rose Chesterfield Animal Control P. O. Box 148 Chesterfield, VA 23832 Dear Mr. Rose: Last week it was disturbing to learn of two kittens that were put to death when two ladies were at the shelter and one lady wanted to adopt the two kittens but was told by two kennel workers that it was "too late". Then on Friday when the TV presentation was cancelled and Karen Karvelis did not have the opportunity to show "Amber", Karen requested that Amber be kept until Saturday but your kennel worker told her that Amber could not be kept...that she would be put to death in about an hour and a half.., that she had been there for thirty days. Lisa had listed Amber and her seven puppies for the newspaper ad two weeks ago which was the Friday before Thanksgiving; they had just come into the shelter from the couple moving to West Virginia. Virginia Reynolds spoke with you on the following Monday about Amber and her puppies. You told her three of the unweaned puppies had been adopted. As this little mother was very adoptable, it is difficult to understand why she could not have been given another day. Arrangements would have been made on Saturday to get her out of the shelter. While your employees apparently view the animals as mere objects of their work, our committee members view them as warm- blooded, responsive, desirable and appealing companion animals that deserve more consideration. Some shelters and SPCAs give the animals extra time...not sticking to the limited number of days as set by law. A better adoption rate could be attained, no doubt, if the animals were given some extra time. With the TV presentation on Fridays and the ads on Sundays, the ones due to be destroyed on Fridays and Mondays should be given extra thought and consideration. In addition, there have been three puppies adopted by Karen Karvelis and Virginia Reynolds that have died with distemper complications. It is very troubling to care for a puppy for a week or 10 days and then lose it to this terrible disease. Lysol spray is'used in addition to bleach at the Southside SPCA shelter to control this airborne disease. An inquiry was made as to whether lysol spay is used at the County shelter and we were told it is not used. Also, when Dr. Barry Dawkins, State Veterinarian, met with us recently, he went over the regulations for kennels and told us of pads which are to be used to keep the animals off the wet concrete surface. There are no such pads at the County shelter. Several animals recently adopted have had kennel cough. Lying on a wet concrete surface contributes to upper respiratory problems which could be avoided in some instances if the pads were used. I hope you will give consideration to getting pads and using lysol spray so as to provide better health conditions for the animals. Also, this would provide a ~ore positive situation for new owners adopting from the shelter.' In addition, enclosed is a copy of a letter recently received from a Chesterfield citizen regarding conditions at the shelter. ~ Thank you. Sincerely, EDUCATIONAL/ADViSORY COMMITTEE cc: Mr. Lane Ramsey Mr. Louis Moore Mrs. Karen Karvelis David E. Bailey Chairman ~.~s. Virginia Reynolds 3620 Lucky!ce Cre~ Richmond, Virginia 23234~ E. Sanders-Prioleau 14906 Orchard Grove Ct. ~4idlothian, Virginia 23113 RE: Chesterfield County .Animals Facility Dear Virginia, On entering the Chesterfield County Animal Control Facility one is immediately struck with the ambiguity of a sign warnin~ potential adoption applicants that the facility is not ~ responsible for the health of the animals. After going through the door where this sign is posted, one is almost overcome with the stench. Female animals ar.e kept .on one and males on ~he other. When I observed the animals I'was immediately struck by their lack of animation. The dogs were so lethargic I thought at first that they ~'~ere all sick. Upon further inspection I understood ~-.~hy the v~ere so non'responsive. The dogs are housed in very small pens ~.zith no room to run or exercise. The Dens are stacked one on too of the other. ~h_ animals were unkemDt. Another thing that I found strange was the lack of information on the anir;:als. None of the pens had any information on breed, disposition, ~,,;here or why they were in the facility, or ho%.; p.;uch time they had left. - The one staff member that I spoke to was, after telephoning someone, able to give me the information that 1%;as seeking. !~y husband is an ex-service member and I have had an opportunity to visit many of these facilities in many areas of the country. I can say unequivocally that Chesterfield County Animal Control Facility is the worst that I have ever seen. I cannot thin]; of one that was even a close second. It is not my nature to voice complaints ~ithout offering solutions, however I am not familiar with the process here. I do have ideas for improvement at the facility and certainly would do all that is in my power to bring them to fruition. If there is a volunteer group or somewhere to place .suggestions I would be very interested in knowing about them. I know how facilities are operated elsewhere and would certainly like to see some chan~es ~ implemented at our facility. Sincerely, E. Sanders-Prioleau 9345 Donachy Drive Richmond, VA 23235 March 3, 1994 Mr. Edward B. Barber Chesterfield Board of Supervisors 110 Natural Bridge Court Richmond, VA Dear Mr. Barber: On several occasions recently I have'visited the Chesterfield /~Animal Shelter. The conditions at the shelter are not good. On /every occasion I found the cages dirty with urine and feces. On one occasion there was a sick u . ' . eye~ runnzng, and he was 1 ~h~ .P DDY Hms gums were white, his contagious with a virus ~-r~l~.. I~. wa~ apparent.that he was · z uam~ea to zne 1.a~a~y at the d sk about~- veterinarian assistant I knew it was a puppy. I offered to take the puppy, and she insisted that mt was an o~~ am a the puppy with me to the veterinarian,s office but she paid no attention to me and my offer. I turned to a kennel worker and explained the situation; the kennel worker ignored me. The neglect of a sick animal should not be permitted. Veterinary care is among duties that owners and shelters are to provide, as stated in the Virginia State Code. The TV-8 presentations are a great way to promote the shelter animals· However, the conditions at the ~ositive appearance for citi~=~ ~ .... ~helter do not give a aoes the uncarin~ att~..~_ _~ mooKln~ Eor a pet to ado t n ani = ~uu~ u£ some of the . P , or mals much of a chance personnel gxve the Chesterfield citizens are paying taxes f . ms proper care of the animals ..... ~r servmces, among which ' ~ ~ne s~e±~er. The County officials should take a long look at animal welfare in k_Chesterfield County· It is not a pretty picture. Sincerely, cc: Dr. Barry Dawkins Whaley Colbert Arthur S. Warren J.'L. McHall, III Harry G. Daniel Lane Ramsey Klm Griffin CHLSTERFIELD COUNTY P.O. Bo~ 40 Chesterfield, Virginia 23832-0040 (804) 748-1200 Ed Barber Board of Supervisors Midlothian District March 16, 1994 Ms. Klm Griffin 9345 Donachy' Dr~v~ Richmond, VA" 23235 Dear Kim: Thank you for your letter concerning the conditions at our animal shelter. I have forwarded your letter to our supervisor of animal control. Although he cannot do a lot about the size of his building, the care of these animals must be of concern to us all. Klm, you will be happy to know that money is being scheduled in our Chesterfield County Capital Improvement Program to expand the animal shelter. This will not be done this year, however, I would agree with you that the money is long over due. Prior to that expansion of the shelter, I will see to it that we do the best we can. to care for these animals. Adoption is the best thing that can happen, but it will not happen if the animals are unhealthy. Sincerely, Edward B. Barber Midlothian District Supervisor EBB/btam BOARD OF SUPERVISORS WHALEY M. COLBERT, CHAIRMAN MATOACA DISTRICT J,L. McHALE, III, VICE CHAIRMAN BERMUDA DISTRICT ARTHUR S. WARREN CLOVER HILL DISTRICT HARRY G. DANIEL DALE DISTRICT EDWARD B. BARBER MIDLOTHIAN DISTRICT CHESTERFIELD COUNTY P.O. BOX 4b CHESTERFIELD, VIRGINIA 23832 (804) 748-1211 COUNTY ADMINISTRATO~ LANE B. RAMSEY March 16, 1994 Ms. Klm Griffin 9345 Donachy Drive Richmond, Virginia 23235 Dear Ms. Griffin: Thank you for expressing your concerns to me and members of the Board of Supervisors pertaining to the Chesterfield County Animal Shelter. Potential problems cannot be addressed if left unquestioned. The cleanliness of the cages is a c ~t_yoQ are ~ware. Housing so man,, ~%~%%t~battl~., as I am sure un~ personnel at the shelter. .? ~x~,d~ ~axes t~e resources of ~er~i~or, is ~ware of cleanlin~ ~~ Ro~e, .Animal Control \ e~or~ to deal with the situatio .... ~' .~e is making ever ~ is less than authorized and t~ "'- u~rreg~lY' the ~helter stgffin~ the shelter. . n~ s~ralns ~ne effective operation of ~I t~tally agree wlth you that sl~k animals should not be neglected. ~It ~s our practice that sic~ ~n~mals b? taken to the veteri · /fr?m th? shelter when identlfze .... . . narlan ~thls philosophy will be discuss;da~i~.s~;. Relnforcement of ~If you have further concerns or ue ' David p. ,ope, Chesterfield Co -~,, ~~,_plea~e contact Ca tain u ~z ~u~u~ uepartment at 748-~265. Providing a FIRST CHOICE community through excellence in public service. Ms. Klm Griffin March 16, 1994 Page -2- Again, thank you for expressing your concerns. Sincerely, Lane B. Ramsey County Administrator LBR/de cc: Board of Supervisors Col. J. E. Pittman, Jr. Captain David P. Hope August 20, 2002 Chesterfield County Board of Supervisors P.O. Box 40 Chesterfield, Virginia 23832-0040 Reft Animal Cruelty at Chesterfield Pound Dear Supervisors: I am writing to bring to your attention an incident at your County Animal Pound on Memorial Day, May 27, 2002. On this date, kennel worker "Dana" discovered a dog ~ug in his cage. (This animal had been brought into the pound in good health on 5/10/02). As required by Chesterfield pound policy, Dana placed telephone calls to Captain Alice Bony and Supervisor Don Rose for permission to transport this critically ill animal to a veterinarian. Neither supervisor could bo reached. (Ms. Berry and pound Veterinarian Dr. Dunnavent were on a gambling vacation together in Las Vegas; Don Rose did not return tho phone message lef~ for him). Dana "bagged" this stilMiving animal in a plastic "dead bag", leaving his head exposed. She then placed the bagged dog in the back cfa County pick up truck where he continued to die - a black truck which had been siuing in the hot sun for many hours. After news spread about the plight of this animal lef~ on the truck, he was eventually transported (without the knowledge or permission of Ms. Berry or Mr. Rose), to an emergency hospital. Sadly, he died en route. The foregoing is not the first time such an atrocity has occurred at the Chesterfield pound. This type of "euthanasia" has been employed in the past - dying animals have been remov~'5 from their cages and placed on the "dead truck" to die. Kennel workers are routinely unable to reach senior personnel for help in emergenzies. Dana was recently fired for her actions. My question is this: Axe criminal animal crueiiy charges going to be brought against her as they routinely are against private citizens? ', .~ -- Conditions at Chesterfield Pgund As you are aware, media attention has focused on deplorable conditions at your pound. (Style Weekly 4/2/02 and 6/26/02). While Major Warner Williams of tho Chesterfield Police Department, and others, deny the existence of problems, nonetheless they d._q exist. In fact, these unacceptable violations of the Animal Welfare Laws were reported to Major Williams in August 2001, over one year ago, when concerned employees met with him. Although he promised to look into these very serious issues, nothing was ever done to remedy them. Staff who have quit in disgust and exasperation have also voiced their complaints to Human Resources personnel during their exit interviews. "HR takes pages of notes but nothing is done." As a result, animals entrusted to your care by the public taxpayer, continue to suffer needlessly. It is apparent to all involved that Major Williams relies on the word of Captain Berry and the whitewashed State Veterinarian Inspection Reports for his assessment of the pound. sP ,c ncs' Lack of Veterinary Care,: Animals routinely die in their cages without having received veterinary care. During a three (3) month period (7/1/01 - 9/1/01), eighty (80) to ninety (90) animals were found dead in their cages. -2- An employee found a dying kitten in a cage and showed him/her to Captain Berry and Clerk Althea Short. Instead of taking this animal to the veterinarian for treatment or euthanasia, Ms. Berry told the employee to "Just put it back with its mother so they can bond." The next morning, the employee found both this kitten and another one dead next to the mother. A dog with his eyeball 1/terally "hanging out" did not receive veterinary care, Although enormous amounts of monies are paid to Dr. Dunnavent for veterinarian services and medications are indeed prescribed for some of the animals, medications are haphazardly administered by shelter personnel. Clerk Althea Short, untrained in animal care, often administers haedication to the animals though not on a consistent basis. It is a total waste of money and completely inadequate care to give an animal only partial dosage of medication. Medications must be administered as prescribed. Ms. Short has also practiced veterinary medicine without a license - ,a violation of State law. She has made diagnoses of illness and administered medication left over from other animals. In at least one instance, Ms. Short diagnosed a "bloated" dog as being'pregnant. He was a Male! This animal was a walking skeleton, had a severe cough and extreme difficulty breathing. His impoundment record (ID#0- 136-0) notes he was in fll health at the time he entered the pound, yet he did not receive any veterinary care. He was let~ to die on his own or to be gassed, if he did not die "in a timely manner", both of which are violations of State law. ' .Overcrowding: Due to overcrowding in cages, males and females are inadvertently housed together. This has resulted in females becoming pregnant. Examples: A Lab mix, in the shelter for over 2 years, delivered 2 separate litters of puppies. Two Beagles, in the pound over 6 months, also produced litters. These animals ,became pregnant while in the pound. In other words, the pound is functioning as a,puppy mi~ Serious dog fights have resulted in this overcrowded situation and dogs have been injeCts'and ldlled in these ghts. , The pound is chronically overcrowded and illness rampant. Many animals become sick and unadoptable and must be euthanized. At least one humane rescue organization refuses to accept any more animals from the Chesterfield pound. 13:13 dogs rescued by them died within two weeks. Inhumane Euthanasia: Shelter worker Don Rose forces too many dogs in the gas chamber at one time and _enioys, watching them fight while being gassed. Eyewitness statemeats report that he "laughs" at this sad spectacle..Overcrowding of the ..chamber during euthanasia is against the law. Mr. Rose also forces numerous cats into cages (8-9/cage) and stacks these cages one on top of the other in the gas chamber. Both these practices violate the law. Cats are to b.e placed .'individually in cages and these cages are n. ot to be stacked. During death, animals defecate and urinate. Those bodily functions cause increased stress during the dying process to those animals subjected to them in lower cages. (Death by carbon monox/de, though legal in Virginia, is, in and of itself, a brutal death for animals. This antiquated method of euthanasia is fast becoming extinct in more progressive pounds). -3- Mr. Kose vehemently states that "heart sticking" conscious animals is "okay". He is absolutely wrong. Animal Welfare Laws clearly and specifically state this form of euthanasia is _'inhumane and against the law (even when practiced by veterin~_fi~n~)~ Sick animals are routinely euthanized in the gas chamber. This is against the law; Sick animals are unable to properly assimilate carbon monoxide. This causes a prolonged "agony of death" Sick animals must be euthanized by injection, not by gas. ' .Inadequate Cleaning of Cages Animals are not removed from their cages when tho cages ar"6 ~cleaned, as req~tired by law. The cages are washed down with high preSsure hoses which soak tho animals and predispose them to eye injury and other illness. Tho water "spray" also spreads bacteria throughout the pound. This results in a high incidence of illness at tho pound and, therefore, an increased need for euthanasia. There is little or no understanding on tho part of staffabout problems associated with cross contamination. Until recently, cages were filthy. Animals could not escape their own waste; it was even in their drinking water. Urine and hair still encrust the cages, however. lsr~roper Record Keeping - Paperwork is non-existent on some animals, Dogs and cats remain caged for months on end (in some instances years). No one can remember where these animals came from. - Paperwork on some animals does not correspond with the aox'ual animal in the designated cage. - Paperwork is "doctored" to remedy "discrepancies" (e.g, males become "females", Chows become Cockers, etc.) ..This is a violation of the law~ - It is likely (probable) animals have been prematurely adopted out and/or euthanized - .also against the law. .]'he "Clique" ... ~ As is so often the case at pounds with a history of chronic problems, a powerful "cliq.ue' is in coInplete control and the status quo is maintained - nothing changes. Tho clique at Chesterfield is Captain'h~lice Berry, Dr. Dunnavent, Don Rose, Althea Short and Nancy Brown (President 0i:the Chesterfield Humane Society and live- in companion of Ms. Berry). Anyone who complains about inferior care of tho animals, the unbalanced work load, etc. is retaliated against, This has resulted in high employee turnover, low employee morale and needless animal suffering. (High employee turnover translates into increased costs for hiring and training). ..Allocation of Staff There is an abundance ofstaffin supervisory positions and a paucity ofstaffin animal care (kennel workers) positions. .Questionable Business Arrangements Dr. Dunnavent has a lucrative monthly contract with the County to provide veterinary services. He rarely, i_f _ever, comes to the pound. His ciose personal association with Alice Berry (though not a romantic one), appears suspicious to many. The cost for some animals who receive routine immunizations at his clinic is charged to the "Injured Animal" category. There are many other questionable financial dealings as well, some involving the expenses of the Chesterfield Humane Association's expenses. An audit of Dr. Durmavent's business arrangements with Chesterfield would be appropriate. The close association between the Chesterfield Humane Society and Ms. Berry should also be scrutinized. ~ ~t0r4~, ~Mandatory Sterilization ~z~ ~lJ ~~ ~'~do;~e~r~2~hSet~t~s~eW~i~lld ~oa~,~ ~sff~o_p_,t~:l~,.m p,oun~ds~u~ be stefiliz.ed within~,rrl~'n~t'~s. Many an/reals · . ~,. ~,~ ,~ uot s~omtzea, btart e~mer cannot locate adopters and/or do not follow up to ensure comphance w~th th~s law. Last year, a non-profit mobile spay/neuter clinic offered - at nB' cost to the County - to sterilize animals being adopted by you. They offered to provide veterinarians and technicians and sot up their mobile surgical unit in the pound's parking lot. Ms. Berry declined the offer stating it would '~ake away business from local vets." Facil/tating the success of private businesses is not the responsibility of Ms. Berry. Ens/~ring that an an/mai adopted from our public facility does not reproduce tenfold, and ensuring tax dollars are not recklessly spent on a "revolving door" policy of adopting out one animal only to got 10 back, must be the focus. (2 unsterilized dogs and their litters will produce 67,000 dogs in 7 years; 2 unsterilized cas will produce 420,000 cats in 7 years). ~Tax-Saving Solutions/Revenue to County 1. All animals must be sterilized prior to adoption. All adopters must be carefully screened to ensure responsible "ownership" and avoid the never-ending, time-consuming task of picking up stray, neglected and abused animals and the cost to the County of caring for them. How7 An adopter selects an animal and completes an application. The application is reviewed within a 24-hr. period and references verified. //'qualified, the potential adopter pays the adoption fe~' this er(PAL) on Cary Street in Richmond for sterilization. The adopter picks up the animal ~ro~ PAL. If the adopter changes their mind, they do not receive a refund and the animal is returned to the pound. The County is not "out" any money and, in fact, stands to make money if this an/mai is adopted a second time. 2. *Breeders Ordinance: "Owners" of animals picked up by the County must either prove their animals have been sterilized or agree to have their animals steril/zed with/n one week of retrieval fi'om the pound. "Owners" unwilling to sterilize their pets must pay a $100 fee per year per an/mai for a "Breeders Permit". This will help defray the cost to the County for picking up and caring for the litters of these o~imes "back yard breeders". Why should these individuals reap profits from the untaxed business of selling puppies/kittens and the County incur the expense associated with their litters who are invariably picked up as strays? It is hard to/magine why any pound official would oppose the foregoing except, of course, the belief that an abundance of homeless animals translates into "job security". C0nclusion~ In 1998, Chesterfield County built its now pound at a cost of $1.5M. taxpayer dollars. It was touted as a "No Kill" shelter. "Killing of Strays is Halt~" heralded a Times-Dispatch articlo. "Ceasing euthanasia.., was a choice that is unprecaxtented among area shelters...Chestorfield is truly m/sing the bar for animal shelters". 'Whe -5- an/real shelter is responsible for the safety and welfare of homeless and unwanted an/reals. We constantly strive to create a better, healthier environment for these animals...said Chesterfield Police Captain Alice Berry." '~Fhe shelter cannot close its doors so if the animals keep coming and tho now shelter reaches capacity we will have to return to euthanizing...ifthe public abuses this facility, we will go down in flames." All good intentions aside, you are unfortunately "going down in flames" due to various policies and m/smanagement. H would appear that Chesterfield is taking the same path tho C-~ity of Richmond trod for many years in regard to their pound. The RAS completely accepted the deceitful words of its Manager, Selina Deale, her Supervisor, Anthony Romanello and their "clique". The City turned a deaf ear to complaints of abuse and mismanagement brought to them by concerned employees, citizens and volunteers. Sadly, for the anknals, Richmond also relied on the wh/tewashed and useless Inspection Reports of the State Veterinarian who, despite overwhelming evidence to the contrary, routinely gave the RAS a passing grade. As a result, tho City o'f Richmond spent hundreds of thousands of taxpayers' dollars ($350K) in high employee turnover, several internal and external audits (the recommendations of which they also refused to believe/implement) and State and Federal lawsuits brought against pound management -to say nothing of enormous negative media attention and devastating public relations). I urge you to hsten to tho unrest with an open mind and fix your problems NOW. Don't wait until public outrage and increasing negative media attention forces your hand. Do what Richmond finally did and bring in, at minimal cost, the Humane Society of tho United States (HSUS), shelter experts, for an ~ evaluation of your "shelter". Don't bo too proud to say '~re need expert help". Practice the "Strategic Goals" posted on your website, '~Fo be exemplary stewards of the public trust." Kn w Stao Animal W lfare Laws. not d end 9n pound adminim-ation for their interpretation. Chesterfield County, the animals, your employees and the tax-paying public will all'~.oh'~fit. *The C/ty of Richmond passed the Breeders' Ordinance in 2001. I am sure they would be available to assist you in its formulation for Chesterfield. CC: William Davenport, Commonwealth Attorney Lane Ramsey, County Administrator Colonel Cad R. Baker, Chief of Police Major Warner W. Williams, Operations Support Bureau Bradford S. Hammer, Human Services Marilyn E. Cole Assistant County Administrator Samuel A. Nixon, State Delegate Stephen H. Martin, State Senator Dr. William Sims, State Veterinarian Page 1 of 2 ................ '~"~' 'J~la'~L'~'~ fea t ur e s,~ar, tfi'~culture food.~drink nj ;', . .... · . · .................. ght,.da ba ~ ~~ ..... ck page Cheste~ield Volunteers Allege Animal Abuse Street Talk bY Brandon WaEers Apfll 3, 2002 An alarming number of dogs are dyig. g at the Chesterfield Animal Shelter, claims a' group of pound volunteers. "Medically, it's just a nightmare," says Tracey Cdttenden, who has volunteered at the shelter since October. Sick dogs that could have been adopted if treated are instead being euthanized, say some volunteers. "The dogs are slowly going insane," Crittenden says. Last week, Crittenden helped pull two neglected dogs from cages, she says. An ad~ Rottweiler that normally should weigh between 80 and 120 pounds weighed less th. pounds, Crittenden says. Another dog, she says, had mange, a highly contagious s disease. In January, Crittenden recalls, two dogs died from eating paint chips after' kennels were painted. The dogs were left inside during the painting, she adds. Former Chesterfield Police Capt. Alice Berry, who manages the shelter, did not rek Style's calls to her offices. Chesterfield County Police oversees the shelter's operat The Richmond animal shelter was bombarded with criticism several years ago after reports were made by volunteers there. The Richmond shelter has since changed., policies and has joined fomes with the local SPCA. In Chesterfield, Crittenden says she and other volunteers have for months "raised questions' with Berry and other administration officials about conditions at the poun volunteers -- and two shelter workers who previously contacted Style with similar r, -- claim they've been shut out by an administration awash in mismanagement. .Additionally, volunteers say the shelter and the Chesterfield Humane Society routin ~gnore complaints and requests that dogs receive medical attention. At a shelter board meeting last week, volunteers said the long-established dog-walt program was restricted to volunteers who agreed to sign a paper supporting the hu~ society and shelter. So.me contend the move is an effort to thwart whJstieblowers ar investigation of the pound. The Chesterfield Animal Shelter is located on Public Works Road behind the courth complex. Conditions at the pound are cramped with as many as 300 dogs sitting tw three to a cage. More than 40 people volunteer there. On a recent visit it was possil see that the dogs in the ~bserva____~fion_._kennel h;d food a;.d water and the place appe/ relatively clean.~her reoms containing dogs were not open to the public. Volunteers like Crittende ......... , ~. ~ · ,, a~y me Shelter s a earanc ' · · , - ~~an~,-~iC~," ....... ~P e ~s deceiving. No one is mnnu a,-~ ~,,A.,-'".;',_ ,_ r~ uu .' ~ulor~ are~ now many are found d --~ ~" - ~'__ _~ ~,~_uemen~nnurrlar~el¥ · . ___-: . earl ~n th.e~[ca. ~ shelter ,ne Sa~, would have ~;gYaSniCzreltdt.enden' who has aoopted four dogs ~r~ http://www, styleweekly.com/article.asp?idarticle=4337 9/6/02 Something has to change, she insists, "People need to know the chances of your d, making it oUt alive are one in 100." .2.' BRANDON WALTERS http://www, stylcweekly.conffarticle.asp?idarticl~--433 7 9/6/02 Weekly in Richmond, Virginia t Page 1 of 1 letters Apdl 17, 2O02 "Abuse? No Way, Shelter Says "Chesterfield Volunteers Allege Animal Abuse" (Street Talk, April 3) was inaccurate, unbalanced, misleading and totally unfair to the way the Chesterfield County Animal Shelter actually operates. The a~elter is well managed and many' insp..e,.clions of this facility by the V r.q nia Office of _ ~Ve_terin~ SerViCes support thi~;.~lfle sheiter i,~" regularly~{~-pecYed and £ecei~-es fi~gl~'-ma~ks":[or'its operations. -~---- -- ~ ~-- --,~---~ The Style article quoted volunteers [as saying] dogs [are] being neglected. There are many dogs at the shelter that have been neglected by owners that have abandoned them and/or turned them in to the shelter because they did not want to attempt to care for them. Thai neglect of pets is a major reason any locality needs a shelter. Attempting to place blame on an animal shelter that is working hard to care for animals neglected and/or abused by others is unfair and wrong. The shelter receives animals in all conditions, from healthy to near death. The shelter workers do not have the option to choose which animals they will accept but are obligated to handle all animals that come through their door. The Chesterfield County Animal Shelter is often an animal's only chance of surViving. The article states that the shelter manager did not return calls to her office. This is true but also misleading. One message was left for the shelter manager on Friday morning before the article was published. The manager was out of state for four days and did not receive the message until the story had been printed. The writer noted that the operations of the shelter came under the police department but did not contact anyone in an agency that works 24 hours a day. This is not what most journalists or readers would expect in writing a balanced story. Publishing innuendo and distortions from disgruntled volunteers is unworthy cf a 20-year-old newsweekly. Chesterfield County Police Departrnent.~ Editor's note: Style stands by its story. We Must Speak for Animals Re Chesterfield Animal Shelter's requirement that volunteers must sign a paper supporting the humane society and shelter: Why force their silence if there is nothing to hide? Animals have no voice, so the people who care about them must speak up on their behalf. Thank God there are people willing to do that. It has recently been well documented that conditions in animal shelters across Virginia are in violation of the animal-cruelty laws and t~:~arged wi_th enforcing thl,g, se laws are look' .the . y ,~ me suffering goes on. Marl Valentenyi ttp://www, styleweekly.corrdarticle.asp?idarticle=4408 9/6/02 ~, ~.~,~..~u.u orr. A: lwessage/rom the CEO Page 1 of 2 RICHMOND Every life L~ precious. Home Programs & Services Humane Education Behavior & Training Adoption News & Events Calendar of Events Message from the CEO Press Page Publications About Us Please Help conv, o J i Username i" Password message from the ceo Dear Friends and Supporters: I enjoy writing this column because it allows me to communicate with our supporters about the big picture. It gives me a chance to let you know how I believe the work of the Richmond SPCA, and the humane cause in general, is progressing in our community. I usually sound pretty positive and up beat here and that is honest because I am very proud of how far we have come in a very few years in Richmond in the care of homeless animals. We have made enormous strides toward a no-kill community. But, there are some things that still trouble me deeply about our community, and I think that you should be aware of them. Chesterfield County is still killing homeless animals at its pound in a gas chamber. While use of a gas chamber is, strictly speaking, in compliance with state regulations, there are few counties in Virginia still using this method of euthanasia, and it is widely viewed as archaic and inhumane. Most of the ones who still use a gas chamber are rural and impoverished which is not true of Chesterfield County. To make matters worse, Chesterfield County has admitted to having utilized the gas chamber in ways that are not in compliance with the state regulations. They have acknowledged these transgressions that resulted in inhumane euthanasia but there has been no action taken to discipline the responsible staff members. We at the Richmond SPCA have offered on numerous occasions to provide the Chesterfield County pound with the assistance of our staff veterinarians to teach their staff how to properly euthanize an animal by intravenous injection. This is the swiftest, most humane way to euthanize an animal and is the method that your private veterinarian would use for a pet that is too old or too ill to have any further life of quality. Chesterfield County has consistently refused our offers of help. I have had a number of discussions on this subject with representatives of Chesterfield County. I am always told that things will change; but so far they have not. There is a book of which I am very fond. It is called "Dominion" and was written a few years ago by Matthew Scully, a speechwriter for the first President Bush. I have copies of it both at my office and at home since I reread it often. The situation that continues to exist in Chesterfield County reminds me of one of my most beloved passages from that book one that brings clarity to things for me. It says: "Such people are a reminder that animal welfare is not just a moral problem to be solved in statutes, but a moral opportunity to fill our own lives with acts of compassion. Kindness to animals is not our most Cli( the ex6 ma To me ple~ To Roi ple~ http//www nchmondspca org/s~te/Pa eServer9 a ename : ' ' ' ' g ' P g =NEWS_MessagefromtheCEO 312/0q Richmond SPCA: Message from the CEO Page 2 of 2 important duty as human beings, nor is it our least important. How we treat our fellow creatures is only one more way in which each of us, every day, writes our own epitaph bearing into the world a message of light and life, or just more darkness and death, adding to the world's joy or to its despair." I believe that it is our responsibility as members of this community to insist that Chesterfield County officials treat homeless animals with compassion. I hope you will call or write Lane Ramsey, Chesterfield's County Manager, and tell him what you think about their continued use of a gas chamber to take the lives of homeless animals. His phone number is 748-1211 and his e-mail address is rarnseyl@chestedield.gov. I am very grateful for your concern. Sincerely, Robin Robertson Starr Chief Executive Officer Privacy Policy J Site Map I Contact Us I Home Printer Friendly Version http://www.richmondspca.org/site/PageServer?pagename=NEWS MessaeefromtheCFO Agency Name: Your Name: Agency Address: OF TIlE UNITED STATES~ ANIMAL SERVICES CONSULTATION PROGRAM COST ESTIMATE FORM Date: Relationship to Agency: Phone: Fax: Email: How did you find out about the Animal Services Consultation program? Please list the specific services your agency provides. What is the size of your building? Do you have plans to build a new facility in the next several years? What is your agency's annual budget? If you are a municipal agency, what is the budget of your town, city or county? If your agency is non-profit, do you now have any animal control contracts? For what services? What is the size of your staff (full and part-time)? How many animals do you handle per year? What area(s) do you serve, what is the total square mileage, and how large is the human population? Why are you requesting a consultation? Please return answers to Kim Intino Fax: 301-258-3081, kintino~ 1/05 2100 L Street, NW, Washington, DC 20037 202-452-1100 · www. hsus. org HSUS ANIMAL SERVICES CONSULTATION PROGRAM POPULATION AND CONTACT INFORMATION When contacting agencies that have been evaluated please bear in mind that while no employee is ever directly referenced, some employees, including the shelter manager or executive director may have not been pleased with the comments regarding the operation of the facility. The HSUS believes that in most cases the Board President in the case of private humane organizations and the division or department director for government operated animal control agencies would be the fairest barometer regarding the quality of the HSUS Animal Services Consultation report. Danville Area Humane Society Danville, VA Serves City of Danville (pop. 48,411) Contact: Board President, 434.799_5306 Norfolk Animal Protection Unit/Animal Management Center Norfolk, VA Serves City of Norfolk (pop. approx 234,000) Contact: Assistant City Manager, 757-664-4236 Miami-Dade Department of Animal Services Miami, FL Serves Miami-Dade County (pop. 2,253,362) Contact: Assistant County Manager who oversees the department, 305-375-5311 Edison Municipal Animal Shelter Edison, NJ Serves Townships of Edison and Piscataway and Borough of Metuchen (pop. 157,616) Contact: Director, Department of Health and Human Resources, 732-248-7290 Riverside City/County Animal Shelter Riverside, CA Serves Riverside City and most areas of Riverside County (pop. 1,037,850) Contact: Administrative Director, Community Health Agency, 909-358-5415 Humane Society of Southern New Jersey Blackwood, NJ Serves Camden County (pop. 508,932) Contact: County Freeholder, 856-225-5575 Lycoming County SPCA Williamsport, PA Serves Lycoming County (pop. 118,977) Contact: Board President, 570-322-4646 Ottawa Humane Society Ottawa, Ontario Serves Ottawa city (pop. 768,000) Contact: Board President, 613-725-3166 City of Dallas Dallas, TX Serves Dallas city (pop. 1,188,580) Contact: Code Compliance, 214-670-5708 San Diego Department of Animal Control San Diego County, CA Serves San Diego County (pop. 2,862,819) Contact: Community Services, Deputy Chief Administrative Officer, 619-515-6966 B. Martin Peek Animal Shelter, Inc. Ottawa, Kansas Serves Franklin County (pop. 24,943) Contact: Board President, 785-242 2967 Humane League of Lancaster County Millersville, PA Serves Lancaster County (pop. 474,601) Contact: Board President, 717-393-6551 Albuquerque Animal Services Division Albuquerque, NM Serves Bernalillo County (pop. 562,458) Contact: Environmental Health Department, 505-768-2600 Baltimore City Bureau of Animal Control Baltimore, MD Serves Baltimore city (pop. 651,154) Contact: Environmental Health Department, 410-396-4428 City of Oklahoma City Animal Welfare Division Oklahoma City, OK Serves Oklahoma City (pop. 506,132), Del City (pop.22,128), Nichols Hills (pop. 4056), Hall park (pop. 1088), Valley Brook (pop. 817), and the unincorporated portions of Oklahoma County (Oklahoma County pop. 662,153) THE HUMANE SOCIETY OF THE UNITED STATES ANIMAL SERVICES CONSULTATION PROGRAM OVERVIEW The Humane Society of the United States 2100 L Street, NW Washington, DC 20037 The Humane Society of the United States (HSUS) is the nation's largest animal protection organization, with more than seven million constituents. The HSUS was founded in 1954 to promote the humane treatment of animals and to foster respect, understanding, and compassion for all creatures. Today, our message of care and protection embraces nqt only the animal kingdom, but also the Earth, its environment, and human inhabitants. To achieve our goals, The HSUS works through legal, educational, legislative, and investigative means. The HSUS's efforts in the United States are facilitated by our regional offices, and globally through our international arm, Humane Society International (HSI). Our programs include those in humane education, animal control and sheltering, wfldhfe and habitat protection, farm ammals and b~oethics, and animal research issues. The HSUS believes that the objective examination of shelter procedures and operations is best accomplished through independent consultations. Recognizing the need for such a service, The HSUS developed the professional Animal Services Consultation (ASC) program, designed to provide animal care and control agencies with standardized analyses of their programs, recommendations for improvement, and assistance with implementation. Numerous agencies have sought the help of, and have been greatly improved by, The HSUS ASC program. Since June 1999, our expertise in animal services management has helped numerous private and public animal care and control agencies in their desire to provide the most humane, responsive, and cost-effective services possible. The enclosed reference list will illustrate the wide array agencies The HSUS has performed comprehensive evaluations for; including some of the nation's largest sheltering agencies. The HSUS believes the success of our professional ASC program is based on the nature of its foundation: objective, comprehensive assessments of animal care and control services by teams of experts, specifically tailored to meet the requesting agency's needs. Too often, animal-related issues, programs, policies and problems are addressed individually, without consideration for how each affects the others. The success of any animal care and control program hinges directly on many, if not all, aspects of sheltering services. Further, no agency can be studied in a vacuum without regard to other areas; an understanding of the history, mission, and goals is essential. There are no broad, sweeping solutions to success that can be applied to all agencies and service areas. Each is dramatically unique in its needs, resources, public perceptions and expectations. Animal care and control programs that have proven extremely successful in one commtmity sometimes fail miserably in another. Agencies therefore must not only be creative in assessing their own communities but also be willing to evolve in order to continue to best meet both the ever-changing animal and human needs. > Employee Manual > Staff Training 9. Financial Information > Financial Statements/Audits > Current Budget Information > Fundraising 10. General Information (newsletters, brochures, etc.) 11. Miscellaneous (.past reports, manuals, evaluations, surveys, etc.) 12. Any additional information you feel would be useful to the evaluation process Demographic research is a valuable tool for assisting with both short- and long-range planning. Information about human and animal populations helps determine current and future needs of agencies and communities. Public perceptions (and expectations) of the level and scope of animal care and control services are unfortunately too often based on misconceptions. Crucial to effecting long-term change, however, is widespread community awareness and public support. With that in mind, The HSUS will assist you in improving public perceptions through the enhancement of animal care and control services. Public Comment: The HSUS ASC program uses a variety of approaches to gain an understanding ofcommumty needs and perceptions. For example, an effective medium has been the solicitation of public comment on current ammal sheltering and/or animal care and control services. As part of our evaluation, The HSUS will accept written comments fi-om interested individuals (including those representing local animal care, protection, and sheltering organizations) regarding the level of services provided, experiences with the agency, and community expectations. With the agency's assistance, this effort to solicit public opinion will occur for a minimum two- week period prior to the on-site visit, and The HSUS encourages the agency to communicate this opportunity to all members of the community it serves, not just to those interested in animal welfare. A variety of forums - including letters to active community members and coverage by the media- may be used to assure the success of this effort. Often, media outlets are eager to provide these notifications in the form of free public service announcements. In addition, The HSUS requests an oppommity to meet with members of any citizens advisory committee (if applicable) as part of the evaluation process. Other active community members with a vested interest in animal care and control may also be considered for a brief, on-site discussion. The HSUS believes there is much to be learned from widespread input fi-om the public (and the identification of needs) that can guide the development of programs. However, a true assessment of the community's perspectives regarding any animal sheltering and/or animal care and control agency, while extremely valuable, is beyond the scope of any animal services consultation program. The HSUS believes that in order to adequately assess and evaluate community perspectives, a public opinion survey (by a professional research team or local college or university) should be conducted at some point before, during or after our consultation, to: a) identify key target areas; b) evaluate community awareness levels; procedures involving incoming animals, animal care and handling, health care and veterinary services, redemption, adoptions, and euthanasia. Volunteer programs and fostering relationships will be reviewed. In addition, a review of all animal-related recordkeeping forms, including statistics and any routine or required documentation or reports (weekly/monthly/annually) will be performed. · ~Mana~ement/Administrativ_e: Overall agency management and governance will be studied, including the roles, duties, and responsibilities of those agents, and the dynamics of both internal and external relationships. Specific attention will also be paid to human resources-related issues, statTmg infrastructures, contractual relationships and obligations, and community outreach efforts (including those with area animal interest groups). General budgeting and strategic and long-range planning will be evaluated. Animal Control/Field Services: (If applicable) All animal care and control field services efforts will be studied carefully. Emphasis will be placed on a review of existing and pending legislation relating to animal care and control (and related services), current enforcement programs and procedures, field officer staffing and training, rabies and quarantine policies, normal and emergency procedures and protocols, and the demographics of the area served. A potential timeline* for completion of a comprehensive assessment would be as follows: Contract awarded to The HSUS ASC Program Solicitation of Public Comment Begins Background Documentation Due to The HSUS Solicitation of Public Comment Ends Team Itinerary Development HSUS ASC Team Site Visit HSUS ASC Report Completed To Be Determined 2 weeks following contract 4 weeks following contract 6 weeks following contract 6 weeks following contract 8 weeks following contract 12 weeks following completion of site visit * Please bear in mind that the ASCprogram receives numerous inquiries peryear, all of which are subject to various stages of negotiation. Based on level of demand and time constraints, your evaluation may be handled by either the manager or assistant manager of the program. The final confirmation of any specific evaluation timeline is not possible untt'l a mutually agreed upon contract has been executed Timelines for services will be established on a first come first served basis, which may result in a delay of up to 90 days from the date of contract to commencement of services. ~e Hum~e s~iety of the U~t~ States ~SUS)ia the nafim,S largest:: animai~proteeti0ti ~rg~ii~i:; With mo~ :th~ Sev~; ~1~~ ~0nstituents. ~HSUS ~as founded !954 to P~t~ :the ~¢ matment of ~a!~ and t0 fost~ res~e[, ::~derst~d~g} ahd ~mpassion for al! creatUreSi T°day fiur message of Care and pm~fion embraCe~ not Only the ~al ~om but also tii~ E~ :~ its ~Viromen!i T0 achieve ~ gfiaiS, ~e HSUS WOrkS thr%~ ieg~; educational, legislative, and ~vestig0tive means.: ~ H~SIS efforts ~ ~e u~t~ states~e facilitated by ou~ regional:omees; we are n0tl gowe~% affiliated; ~i~ ~y 16eat ~ai sheli~ Sti lium~e ~dlife and habitat pmte~ir~n~ farm ~a!~ and bioethi6~; eO~mp~ animalS; ~d ~a! reSearCh ~Si ~e HSUSls W0i)!d~y 6utrehch is supp0r~ed btam ~lobfl X[~!y of ~!iated ! ;~SPCA: National Shelter Outreach Page 1 of 2 emall neWSle~ Repeat visitc persona zed Wed. April 13, 2005 Fight Animal Cruelty Animal Poison Control Center National Shelter Outreach Pet Care and Nutrition Humane Education Animal Precinct Leg~ Information Corporate Partners Media and Publicatior~ Empioyment Opportunities About Us Hew York City Resources Get Our Free Newsletter National SY National Shelter Outreach works with local animal protection organizations to create more humane communities. We offer expertise, tools, and resources that help increase adoptions, prevent animal cruelty, and promote the humane treatment of animals everywhere. Take a look at what we have to offer... Meet Your Match_ I Want to Start a Shelter_.__. ? I Prevent on of An ma Crue ty Month Shelter FA_Q~ I Fr~e.e NS_O Po_.sters_ I NS~O Event Calendar Workshops We Offer J loin Our Nat ona She ter D re~;t~Ey ~MATCH!/ An imaland. _r- Just: f_o_r Kids_k B~'i Learn how to run a successful this comprehensive kit from Neighborhood Cats· Meet Your Matc__h .loin our FREE day-long seminar and learn more about this innovative new method for matching dogs and adopters. -W_or~k~fer m t:t nlBa Our National Shelter Outreach Department offers workshops on various topics in the following areas: · H~.D.~.g e.m.~.~; · Q~u~l~y ~nvest~ · H.u re.an e.. L. egi~.!a ~!eo Attention Shelter and Rescue Groups: Please take a few moments to fill out this..~h.o, rt q_ue__s_ti_onn____a_w~e aboul~"'~REE pet health insurance, microchips and shelter software. All submitted questionnaires will be automatically eligible for a free monthly drawing. lmagine Huma Developing leadershi fundraising and strat competence. Ani_ -Med Pet Ca Znfor.mati.on Order up to 2000 FR brochures for your si i PetEducati Each state has a St, Veterinarian who is state government b animal health matt( monitoring herds ar animals for disease regulating the mov( animals within and lines· Find out mot( http://www, aspca, org/site/PageServer?pagename=shelters 4/13/2005 ~or ~..,x: r~ auonal ~belter Outreach ,, Page 2 of 2 State Veterinarian's your area. W.a. nt to.. Start a. Sh~.!ter? These 10 essential tips -- gleaned from the pages of our popular three-ring binder book, Keys to a Great Shelter: The ASPCA/Vationa/ Shelter Outreach .Guide to Starting and Improving a Humane Organization -- just might help change your dream into a reality. ~.or~,.~ ~ http://www.aspca.org/site/PageServer?pagename=shelters 4/13/2005 ~FICER$ David O. Withers, . . Cba/r of the EOar# M D Anita [~ Coupe Es It/ce Cha/r ' q' ~prae$yne Pacelle G. Thomas Waite II 7reagur~ & CFO ~Oger A. Ki~dle[ Es ~gera/ Couplet'~ q. ~.~drew N. ROWan ~ ~S Operatiofl~ /uent ~egion~ ~ m~ March 30, 2005 cMhr' Edward 13. Bar . esterfiel~ ~ be_r, Cha~ P.O. Box 4~ '~ounty Board o~Sf~ · Chesterfield, VA 23832-0040 upervisors RE: Chesterfield County Animal Shelter ; Martha C. Armstrong Eeo/or V/ce Pres/d, ~ DOmest/~An/m eot ·. - .Po/tat Protect/bn ~ichael C. APPlebz B 8c ~'"?me Benedict Nichola. ~ o~y RiChar~ M. Clugsto H/gber Edaca?/o~ n, Ph.D. Ran~all Lockwood Ph.D. ~eSearc~ & Educa' Outreac~ t/ona/ Steve Putnam COrporate Robe~ G. ~oo~ p Human 8a.e- gauvati~ ff ~?rees · -', F/al~ & O/va~t& ?n, Esq. ~in L, 8teOh ~Char~ ~ Swa' investigative ~retchen ~Yler ~v/ces H°/~Woo~ O~/ca Patr Cia Mares Asip Pete, A. Bender Dona d ~ Cashen, Ph.D Inita ~ Coupe, Esq. ' udi g iceman 'ice fi Garey ~vid j )hn Jhirafl, Ph.D. ~nifet Leaning, M.D. ~ene I ~ Lorenz ~m g ~ancuso :k L. YcOonnell J. Pc, ~msey, ESn · RO~s, Esq. G. StYler Stewa~ Esq Eiebers M n ~eriti Dear Chairman Barber: The Humane Socie difficulty ,L _ ty oft ,~ ~,., . : me Ches b~ tJnlteq St extend Our h~,.~, . terfield Counh. ~ rites (HSUs~ [_ . and We wa~.~'u to offer vo,, ~ v ~mmal Sh~.- ~ ,as ~een ma~ - -,- to let You k;d;~ our aSsistance e~jfr ~s experienci~L~ aWqre of the .w We Would h~ ~,°uUaOons SUc[ - "'~' ~a WouM Recognizing the n~ed . _ ~ p~eased to h-~- y us YOurs c~ ~ ~ -~e to standardized anal- ~' W~thin the ani~, - ~'p m any wa- oc Comple. Consultation Pro ys~s, The HSUs h~"~~ Shelterin c . "Y Possible. agencies rbo~ff gram (ASC) ~. ~ aeVelone~ ~ °mmunity fo ..... se~ices. , m m~icipal ~ff ~ftaOhshed to ~}~oy~r prOfessiona ' PrOfeSsional, pr°Ve~ents to-r~ coutrol P Ograms and The HSUs believe, °~ pe. rations is bes, _s that the objecti-^ 11atlOtl,e 1~._ t ~lCCOlllnl;~_ . · v~ exam; mc eDectiv~- ,u~al prOtect:- ~ l~den~. '~elter provide ~o~'Jess Or lo~al n °rg~izati.L~"u?t COnsult;~:~res and bae~a _ -~o,~tance wi~u . ',,,ual Care a~ _ ~"' ~d is u-;-.. ;-,,uns. The _ y~ on the n~,.- '~" ~mplemen~.. ~"~ cOntrol .... '"uuelYpos;,_ ~SUs is the inA:` ._ ,c un~ com~, ruination, o_ -. ~clleve tho+., ~,v~aual reou .... ,u~ se~ices [.. ' m~ °OjeCtive ~_ ,t me SUccess .c.'f~UaOons, and ~ c~tlng a,~ .... oy a te~ ~c_ ' cU~preh n-:- ~tms Pr o~,,~ y s needs '~ eXpens od~ .r~''*'ve asses~_- ° ~'"'u IS ~ muored to ~eet the The HSUs Anim . ~ore co~o ~ : ~ oe eval ..... u proEra~ OVerview ~'~ ~rom OY~cialo _ -area. A Spec'~ :J" hOWever i : Offer to'"e progr verseeing request for ~ avdable only and r~*. :u~ eo~un;,.. ,,~mc~ explain~ _v~uons. I h~,,~ ~ux~sultation ~,.~ "' me ~,urn the eneloo ]'y- u3 u are in,2 Our C°nsultati~2~* enclosed a o~ Cost estim~,~ ~ CSted in re-~: ~u process ~ _ --'-'~ ~o~ to me ~vmg ~ estim~d wyat We can ..... '% please fill out Premoting &e #rotectlen of all animals 2100 I. Street, NW, Fta$/~ingto;. n,., ._ J. Carlton Courter, I11 Commissioner COMMONWEALTH of VIRGINIA Department of Agriculture and Consumer Services PO Box 1163, Richmond. Virginia 23218 Phone: 804/786-3501 · Fax: 804/371-2945. Hearing Impaired: 800/828-1120 hltp://www.stat¢.va.us/_vdacs/vdacs.htm Lane B. Ramsey PO Box 40 Chesterfield, VA 23832 4-8-05 Dear Mr. Ramsey, Please find enclosed the report on the most recent inspection made to the Chesterfield County Animal Pound on the afternoon of 4-7-05. I appreciate the cooperation of the staff at the pound and their willingness to produce docmnentation as requested. The only area of noncompliance that was documented on the report was the failure to have all cage floor surfaces finished to permit proper cleaning and disinfecting. I was informed and saw evidence that this problem of deteriorated floor surfaces with chipping paint was currently being addressed. Since this problem is currently being addressed, there is no need for you to respond to this inspection report. A visit will be made by a member of the Office of Veterinary Services in the future to document the progress made with the floor repairs. Respectfully, Robert E. Pitts, DVM Cc: Alice Berry, Chesterfield County Pound Supervisor File -Equal Opportunity Employer- Evaluation revie,E.q~ ~I~._ ~ /_ Signature:... ~~,~-- .~/rt~-~,~.~ Inspected by.;~;-~! / C'ff'~x- /r Signature:, .t~, _t~ ~j_¢(~ 1%._~~ __' Note: Additional facility information - see page 6 POUND AND SHELTER INSPECTION FORM VI)ACS, Office of Veterinary_Services, 1100 Bank St., Richmond, VA 23219:804-786-2483 Fax: 804-371-2380 Personnel verifying information during inspection: Print Name & Initials_ ~.~ ~. c '~et'r~ Print Name & Initials ~/4~{d'~ '~'C~0'4 mrintName& lnitials~ta.{C~ L ~5~3¢ 5£ Citation for Code of VA, Regulation or Directive VR §10 VR §20 VR §30 VR §40 and §3.1-796.68 VP.. §40 VP, §40 VR §50 VR §50 V~ §50 V~ §60 VR §60 VR §70 Requirement Potable water provided Durable, nontoxic, secured or non-tippable water receptacles provided Solid wast._____.__~e disposal meets all applicable laws Each animal protected from direct sunlight, rain, sleet, snow and hail Each animal protected from the adverse effects of heat and cold Floor surfa._.._~s permit proper cleaning and disinfecting Nail surfaces permit proper cleaning and disinfecting 3uilding temperature maintained between 55°F & 85OF Adequate ventilation provided for each animal Each building and animal enclosure is clean, dry and in a sanitar Each facility/enclosure prevents animal escape Each enclo..__._~sure protects animals from injury Each facility/enclosure protects animals from being stolen s~epara...ted ~ according to: ~ Cages cons.__.__~ucted of acceptable materials Cage floors have solid bottoms Pallets/Resting boards (if provided) are non-porous Ad_._~uate space provided each animal in the primary enclosures Faucet & Ho____._~se Connections are provided at convenient locations Faucet and hose are used for washing and cleaning the animal housing trea. :)isinfectants/germicidal agents used to clean housing/confinement areas dail~ Food utensil.__.__~s are easily cleanable, non-corrosive and nontoxic. Food stored away from vermin. ].f'storcd in bags, thc bags arc 12" off.thc floor on a shelf or pallc....__~t. Area under thc food/container (on rollers or casters) is clean. Sink with h...__._.__..~ot and cold water is provided. Sink with hot and cold water is used to clean food equipment and utensils. Comments VDACS-031.40 (Rev. 8/01) Page 1 of 6 VR§80, · §3. 1-796.96 & Dir 79-1 !Local Veterinarian euthanizes [] All animals El' Animals < 8 wks old Sodium (Na) Administered by hypodermic needle a ~ nd s 'ne Pentobarbit~ Administered in ~~ ~,; ~_~'~ s. ynnge u, u 9rains/cc or more Ordered in injectable form only Federal DEA permit is current VA Bd of Pharmacy permit is current :)rug is stored under double lock and key Administered only IV or IP routinely (Note: if lC, only in comatose or anesthetized animal, & not routinely). VERIFY: Animal restrained humanely by 2"~ person or by use of a humane restraint device VERIFY: Indiv'~uals giving ---------__ drug are competency certified for use Firearms: Firearms are N___O_~OT used routinely to euthanize animals Firearms are Animal showing active signs of rabies & VERIFY: Jsed to confinement is impossible or impracticable euthanize ---------- animals ~ Dog in act of killing or injuring when: Conditions no__.~t permit use of Na pentobarbital 3r Carbon Monoxide (CO). Mtempts at humane capture failed or, due to __________ -~mer.___.gency conditions, not possible. Firearms operator is competency certified for use Chamber is operated in a well-ventilated area. 3nly commercial grade cylindered CO used. ~,hamber i.___~s well sealed. Natural or artificial light provided in chamber qewing wi_______?ow enables observation of the animal Gas flow pressure & rate adequate to achieve concentration of gas in chamber & achieve of animals w/in 45 to 60 seconds. VERIFY CO not used t e hanize for puppies & kittens < 8 weeks old ~tnimals are not crowded into the chamber. VERIFY 3nly compatible animals~,~.~ame size & age placed together 3ats placed in chamber individually in separate, lightweight open-wire cg, g_e,s with metal pan bottoms. nimals are left in chamber l~.roin after death & before ~ ...... ~,~, ~u~) is/are competency certified for C-~'~ use Carbon Monoxide (CO) VDACS-03140 (Rev. 8/01) Page 2 of 6 Vlethod of carcas, s disposal is acceptable to the local health department Ycs No ND NA § ~,nimals.a 'vel de ermined to be dea'-'-~ ~ ==~ - ~,COs & shelter personnel are competency certified to confirm death of _________.____ ;~nimals before carcass disposal VR §100 Isolation/ Provided & marked (ie, a sign posted) as such ~ 3bservation 'oom is: Physically separate & isolated from main animal housing areas v/ Used to hold ill/suspected ill animals at least 48 hrs before ~ -_.__.____ being placed in main housing areas VERIFY: -796.68 iEach animal provided adequate food (sufficient, nutritive, accessible, easily consumed food provided in clean, sanitary manner & placed so as to V/ minimize contamination by waste or pests) :Each animal provided adequate water (clean, fresh, potable, accessible water at drinkable temperature provided in clean, durable receptacles & / ~laced so as to minimize contamination by waste or pests) !Each animal Space (allows each animal to easily stand, sit, lie, turn about Is provided & make all other normal body movements in a normal, iadequate (as comfortable position and allows each animal to interact :lefined in safel~ with other animals in the enclosure) · 3.1-796.66): Exercise (opportunity to move sufficiently to maintain normal muscle tone & mass for animal's age, species, size & condition) v/ Care (good animal husbandry, handling, management, confinement, feeding, watering, protection, shelter, transport, treatment, euthanasia &, when needed to prevent suffering or [rnpairment of health, veterinary care) Shelter that- Is Safe (protects animal f[om injury;, see VR ~} 40) V/ IS Properly Lighted (sufficient natural or artificial light to permit routine inspections, maintenance, cleaning, housekeeping & observation of each animal, & provided in regular diurnal cycles) Is Properly Cleaned (carcasses, debris, food waste & excrement removed often enough to minimize animal contact w! contaminants, enclosures sanitized often enough to minimize odors and disease, & enclosures cleaned in such a way that animals are not sprayed directly or indirectly w/water or exposed to hazardous chemicals or disinfectants) Protects animals from adverse effects of heat/ ~/' cold Protects animals ~orn rain, sleet, snow, hail and direct sunlight Veterinary Care: provided when needed (ie, to stabilize V/ - - animal in life-threatening condition), or to prevent suffering, disease transmission or further disease progression VDACS-03140 (Rev. 8/01) Page 3 of 6 .. Yes , §3.1-796.96 Animals,held~ required holding pedods Verify~ ~ Humane euthanasia (see VR §80) Gift or sale to federal agency, agency of VA or another state, A~rn~ls are' or state supported institution, licensed federal dealer (which disposed of has its principal place of business in VA) _.& they hold the by:. a.nimals at least 5 days after the date of receipt. i Delivery to humane society in VA o~ a humane society of another state that has been approved by State Vet) ~lopted to resident of city or county, to resident of adiacent :ity/county of Virginia, for which pound is operated, or 3dopted to any person if animal is neutered. Each animal checked to determine if has license, tag, tattoo or cellar Facility accessible to public at reasonable hours dudng the week No more than 2 animals or family of animals delivered to any one person in 30-day period. §3.1-796.104:1. Each animal warden has received training as required by the VA Code . Both fl3e Species §3.1-796.105.B. ACO field Date of taking custody of animals records, and custodial Date of Record )ound Color records have Breed clearly desi,qnated Sex spaces for .A. pproximate Age each of the ~,pproximate Weight ~°ll°wing: Reason for Seizure Location of Seizure 3wner's Name, if known ~)wner's Address, if known License, Tag, Tattoo and Collar Disposition of Animal (eg, euthanized, adopted, etc.) §3.1-796.126:1. Adopter of each dog or cat adopted from pound signs sterilization agreement to have animal spayed or neutered (unless already sterilized) before release §3.1-796.126:2. According to Date of the agreement the records City or ~lame reviewed the County's: sterilization ~,ddress agreement Signature (ACO, Custodian or other contains: representative) New Owner's/ ~lame Adopter's Address Signature Description of dog or cat being adopted Specific date by which dog or cat to be sterilized (mo/day/year) IStatement Sterilization required by law 3rinted in Person who violates law subject to civil penalty :onspicuous ~3old print New owner may be compelled to comply with i'h'at: )rovisions of this law VDACS-03140 (Rev. 8/01) Page 4 of 6 Animal Control Vehicle Inspection Regulations 2 VAC 5-120-10 thru 2 VAC 5-150-230 PRIMARY ENCLOSURES USED TO TRANSPORT COMPANION ANIMALS 'Primary Enclosure' means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, n ca e, corn artmentor hutch. Enclosures are strong enough to contain animal and withstand normal ~ortation. Enclosure is free of protrusions that could injure animals. Enclosure opens easily & accessibly for emergency removal of animals. Enclosures are propedy ventilated enabling the animals to breath Portable enclosures have adequate extedor handholds. Portable enclosures have sufficient space for each animal. Portable enclosures have a solid bottom surface preventing leakage durin trans rtation exce t live tra s. Enclosures are adequately cleaned after each use. Enclosures contain only companion animals and grouped: With the same species and compatible animals, Separate young from adults other than their dams, except for hamsters, guinea pigs and rabbits; and Separate females in estrus from contact with adult males, except hamsters, uinea ' s and rabbits. Primary Conveyance cargo spa~_~ ~' s-'~fely and comfortably constructed to ensure the health of animal and prevent ingress of ~haust fumes and ,qases. Primary conveyances and vehicles: Not to exceed 85 °F for more than 45 minutes without supplemental ventilation. Not to fall below 45 °F for more than 45 minutes without ~ heat. Provide suitable abs---o ent bedding material. Suitable bedding material is safe and non-toxic to animals in sufficient quantity to absorb or cover excreta ransportation time may be extended in cases of unforeseen problems such as vehicle failure or in'ured an' ' [o carry ammals shall be enclosed so that: All sides and top of the vehicle are covered ........................... Adequate ventilation for each an mai is assured by use of screens or ventilation systems, and. . ............... The vehicle is insulated to provide protection from weather extremes or is equipped with an automatic heating/cooling system. Vehicles shall be equipped with appropriate safety equipment to include: Working flashlight .......................................................... Pair of safety gloves ..................................................... Proper restra nt equ pment for spec es transported ................ First aid kit ..................................................................... At least one-gallon potable water: and ................................ A blanket ........ ACO = Animal Control Officer Yes=In Compliance ND=Not Determined No = Not in compliance NA=Not Applicable Comments DIR= Directive issued by State Veterinarian VR-- Regulation 2 VAC 5-110 section of the Code of Virq_inia VDACS-03140 (Kev. 8/01) Page 5 of 6 Owned by: I~ County [] Independent City Humane Society/SPCA [3 Other Operated by: lff County I21 Independent City Humane Society/SPCA [] Other Facility Mailing Address Facility Physical Address: Facility Telephone: Facility Fax: Facility email: Facility Supervisor: ,Facility Personnel: Animal Control Officers ~c. rry~ ACO Mailing Address: ACO Physical Address: ACO Telephone: ACOFax: ~,Oh/_ '7i7-~,036 ACO email: Hours of operation & directions to facility: ,'fl- ~ /o :'~ /b t - 5:0o pr,,. 54. / ,'~ , /'e '7-d k c VDACS-03140 (Rev. 8/01) Page 6 of 6 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 4 Meetin~l Date: April 13, 2005 Item Number: 10.A. Subiect: Developer Water and Sewer Contracts County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors has authorized the County Administrator to execute water and/or sewer contracts between County and Developer where there are no County funds involved. The report is submitted to Board members as information. Summary of Information: The following water and sewer contracts were executed by the County Administrator: 1. Contract Number: Project Name: Developer: Contractor: Contract Amount: 03-0014 Ashley Village - Phase II Community Development Partners, LLC R.M.C. Contractors, Inc. Water Improvements - Wastewater Improvements - $201,375.00 $165,180.50 District: Clover Hill Preparer: Crai.q S. Bryant Attachments: --]Yes No Title: Director of Utilities # uo0135 Agenda Item April 13, 2005 Page 2 Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 03-0223 Sycamore Springs at Southbend (formerly Lindhurst) Southbend Landing, LLC R. J. Smith Construction, Incorporated Water Improvements - Wastewater Improvements - Bermuda $87,607.10 $104,490.65 Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 04-0037 Riverdowns - Queen's Grant, Section 4 River Downs, LC Excalibur Construction Corporation Water Improvements - Wastewater Improvements - Midlothian $26,400.00 $115,420.00 o Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 04-0109 The Shops at Stonehenge Conreal, LLC Possie B. Chenault, Incorporated Water Improvements - Wastewater Improvements - Midlothian $90,125.00 $50,85O.00 000 .39 Agenda Item April 13, 2005 Page 3 o o Contract Number: Project Name: Developer: Contractor: Contract Amount: District: Contract Number: Project Name: Developer: Contractor: Contract Amount: District: Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 04-0139 Kingsland Glen, Section 3 Kingsland Partners, LLC Excalibur Construction Corporation Water Improvements - Wastewater Improvements - Dale 04-0234 Beulah Road $55,853.00 $144,346.00 (5207 & 5211 - Water and Sewer) (5201 - Water) Myers Enterprises, Incorporated R.M.C. Contractors, Incorporated Water Improvements - Wastewater Improvements - Dale $25,021.60 $9,832.00 04-0394 Rivers Bend Medical Offices Rivers Bend Medical Offices LLC Castle Equipment Corporation Water Improvements - Wastewater Improvements - Bermuda $33,099.50 $18,028.25 000 .40 Agenda Item April 13, 2005 Page 4 o Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 05-0027 Commons at Winchester Green - Phase 4 Richmond Affordable Housing R. J. Smith Construction, Incorporated Water Improvements - Wastewater Improvements - Bermuda $12,725.00 $14,910.00 000 .4 . CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page I of 1 AGENDA Meetin~l Date: April 13, 2005 Item Number: 10.B. Subject: Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Fund, and Lease Purchases County Administrator's Comments: County Administrator: (~ Board Action Requested: Summary of Information: Preparer: Lane B. Ramsey Title: County Administrator Attachments: I Yes --INo # 000'142 BOARD MEETING DATE 07/01/04 07/01/04 07/01/04 07/01/04 11/23/04 11/23/04 11/23/04 11/23/04 11/23/04 11/23/04 CHESTERFIELD COUNTY GENERAL FUND BALANCE April 13, 2005 DESCRIPTION FY2005 Actual Beginning Fund Balance Hurricane Isabel accrual FY2005 Adjusted Beginning Fund Balance FY05 Addition to Fund Balance Designate excess revenue (County) for non-recurring items in FY2006 Designate excess expenditures (County) for non-recurring items in FY2006 Designate excess expenditures (Schools) for non-recurring items in FY2005 FY04 Results of Operations - restore CSA fund balance shortfall for use in FY2005 FY04 Results of Operations - Bond referendum expenditures in FY2005 FY04 Results of Operations - Pay plan adjustments in three departments in FY2005 AMOUNT (3,379,255) 750,000 (2,163,220) (226,540) (3,077,862) (90,237) (60,000) (257,800) BALANCE $49,403,714 $46,024,459 $46,024,459 $46,774,459 $44,611,239 $44,384,699 $41,306,837 $41,216,600 $41,156,600 $40,898,800 000'143 Board Meeting Date CHESTERFIELD COUNTY RESERVE FOR FUTURE CAPITAL PROJECTS TRADITIONALLY FUNDED BY DEBT April 13, 2005 Description FOR FISCAL YEAR 2003 BEGINNING JULY 1, 2002 4/10/2002 FY03 Budgeted Addition 4/10/2002 FY03 Capital Projects 8/28/2002 Purchase land for athletic facilities at Spring Run Elementary School, closing costs, and environmental assessment FOR FISCAL YEAR 2004 BEGINNING JULY 1, 2003 4/9/2003 FY04 Budgeted Addition 4/9/2003 FY04 Capital Projects 7/23/2003 National search for a developer to revitalize the Cloverleaf Mall area 10/22/2003 Debris pick-up program due to Hurricane Isabel 4/14/2004 To General Services for building unexpected repairs and maintenance items incurred during FY04 4/14/2004 Trf to Sheriff for start-up expenses and capital for new replacement jail project 4/14/2004 Designate funding for police vehicles associated with the new COPS grant. Funds to be transferred to Police in FY2006 FOR FISCAL YEAR 2005 BEGINNING JULY 1, 2004 4/14/2004 FY05 Budgeted Addition 4/14/2004 FY05 Capital Projects 7/28/2004 Pre-development studies for Cloverleaf Mall 8/11/2004 Deposit on acquisition of the mall buildings at Cloverleaf Mall 9/3/2004 Purchase of public safety equipment for search and rescue, natural disasters and other emergency situations 10/13/2004 Operating costs associated with Cloverleaf Mall for 2004/2005 10/13/2004 Debt Service costs associated with IDA loan for Cloverleaf Mall 10/13/2004 Other Cloverleaf Mall operating costs (including costs associated with the acquisition of additional property) 11/10/2004 Woodmont Drive road and waterline repairs resulting from damage from Tropical Storm Gaston Amount 8,600,000 (7,277,800) (140,000) 9,354,000 (8,559,3OO) (44,000) (1,000,000) (125,000) (260,000) (500,000) 9,600,000 (8,496,900) (65,000) (250,000) (59,600) (500,000) (300,000) (250,000) (30,455) Balance 10,111,312 2,833,512 2,693,512 12,047,512 3,488,212 3,444,212 2,444,212 2,319,212 2,059,212 1,559,212 11,122,692 2,625,792 2,560,792 2,310,792 2,251,192 1,751,192 1,451,192 1,201,192 1,170,737 oooa.44 000~.45 Prepared by Accounting Department March 31, 2005 SCHEDULE OF CAPITALIZED LEASE PURCHASES Date Began 04/99 1/01 04/01 11/00 09/01 03/03 03/04 10/04 11/04 12/04 12/04 APPROVED AND EXECUTED Description Public Facility Lease - Juvenile Courts Project Certificates of Participation- Building Construction, Expansion and Renovation; Acquisition/Installation of Systems School Copier Lease #2 - Manchester High School School Copier Lease #3 - Chester Middle School School Server Lease Certificates of Participation- Building Construction, Expansion and Renovation Certificates of Participation - Building Construction, Expansion and Renovation; Acquisition/Installation of Systems Cloverleaf Mall Redevelopment Project School Archival/Retrieval System Lease Energy Improvements at County Facilities Energy Improvements at School Facilities Original Amount $16,100,000 13,725,000 20,268 20,268 278,372 6,100,000 21,970,000 9,225,OOO 21,639 1,519,567 427,633 Date Ends 11/19 11/21 03/06 09/05 07/05 11/23 11/24 10/06 01/08 12/17 12/10 Outstanding Balance O3/31/05 $12,075,000 10,965,000 4,855 2,485 58,647 5,780,000 21,970,000 9,225,000 18,706 1,519,567 427,633 TOTAL APPROVED AND EXECUTED $69,407.,747 $62~046.893 PENDING EXECUTION Description Approved Amount 000146 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 13, 2005 Item Number: 14.A. Subiect: Recognizing the Contributions of County Administrative Professionals and Proclaiming the Week of April 24, 2005, as "Administrative Professionals Week" and April 27, 2005, as "Administrative Professionals Day" County Administrator's Comments: County Administrator: Board Action Requested: Adopt the "Administrative Professionals Week" resolution at the April 13, 2005, Board of Supervisors meeting. Summary of Information: The attached resolution is to recognize the vital contribution of county administrative professionals and to proclaim the week of April 24, 2005, as "Administrative Professionals Week" and April 27, 2005, as "Administrative Professionals Day" throughout Chesterfield County. Preparer: Karla J. Gerner Title: Director, HRM Attachments: Yes ~ No OO014? RECOGNIZING APRIL 24-30, 2005, AS ~ADMINISTRATIVE PROFESSIONALS WEEK" WHEREAS, administrative professionals work in a variety of fields and make up a significant portion of office personnel throughout our nation and across our great Commonwealth; and WHEREAS, administrative professionals utilize first-rate managerial and organizational skills to master innovative techniques and advanced office technologies which increase office efficiency and work performance to the benefit of their employers and the public; and WHEREAS, administrative professionals are essential to the modern workplace; and WHEREAS, ~Administrative Professionals Week" presents employers with the opportunity to promote and reward professional excellence, provide employees with advanced training and continuing education, and offer additional networking and career-enhancing resources to administrative professionals; and WHEREAS, it is fitting to recognize administrative professionals for the vital role they play in the success of business and government operations throughout our great Commonwealth and nation. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 13th day of April 2005, publicly recognizes April 24-30, 2005, as ~Administrative Professionals Week" and Wednesday, April 27, 2005, as ~Administrative Professionals Day" in Chesterfield County, and calls this observance to the attention of all county citizens. 000:1.48 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 13, 2005 Item Number: 14.B. Subject: Resolution Recognizing the L. C. Bird High School Skyhawks Varsity Football Team for its Outstanding Accomplishments and Sportsmanship County Administrator's Comments: County Administrator: Board Action Requested: The Honorable Kelly E. Miller has requested that the Board of Supervisors commend and recognize the L. C. Bird High School Skyhawks Varsity Football Team for their superior achievements and representation of Chesterfield County. Summary of Information: The L.C. Bird High School Skyhawks Varsity Football Team was the 2004 Dominion District Champion and the Central Region Champion AAA Division Six and a semi-finalist in the Virginia Division Six. Preparer: Michael S. Golden Title: Director, Parks and Recreation Attachments: Yes -~No # 000:149 RECOGNIZING THE 2004 LLOYD C. BIRD HIGH SCHOOL VARSITY FOOTBALL TEAM FOR ITS OUTSTANDING REPRESENTATION OF CHESTERFIELD COUNTY WHEREAS, participation in high school sports has long been an integral part of Chesterfield County's educational, physical and emotional development for students; and WHEREAS, Mr. David Bedwell, coach of Lloyd C. Bird High School varsity football completed his fifth year as coach; and WHEREAS, under Mr. Bedwell's and his staff's guidance and direction, the 2004 Lloyd C. Bird Skyhawks finished the regular season with an eight and two record; and WHEREAS, the Lloyd C. Bird Skyhawks won the Dominion District championship; and WHEREAS, the Skyhawks won the Central Region championship in AAA Division Six and were state semi-finalists in Virginia AAA Division Six; and WHEREAS, the Lloyd C. Bird Skyhawks have compiled a five-year regular season record of 43-6; and WHEREAS, the citizens of Chesterfield County continue to support high school football teams. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 13th day of April 2005, publicly recognizes the Lloyd C. Bird High School Skyhawks Varsity Football Team for its outstanding representation of Chesterfield County. AND, BE IT FURTHER RESOLVED, that the Board of Supervisors, on behalf of the citizens of Chesterfield County, hereby commends the Skyhawks for their splendid sportsmanship and expresses best wishes for continued success. 000 .$0 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetinq Date: A?ril 131 2005 Item Number: 14.C. Subiect: Resolution Recognizing the Exemplary Achievements of Napier Realtors ERA County Administrator's Comments: County Administrator: Board Action Requested: Mr. Barber has requested that the Board of Supervisors adopt this resolution recognizing the exemplary achievements of Napier Realtors ERA Summary of Information: This resolution will recognize the exemplary achievements of Napier Realtors ERA Preparer: Donald J. Kappel Title: Director, Public Affairs Attachments: Yes ~ No #O00151 RECOGNIZING NAPIER REALTORS ERA FOR OUTSTANDING ACCOMPLISHMENTS WHEREAS, Napier Realtors ERA is located in Chesterfield County, Virginia; and WHEREAS, Napier has approximately 600 locations in the United States; and WHEREAS, the Chesterfield office has been named the Top All- Around Company for high personal and ethical standards, strong business sense and consistent growth; and WHEREAS, Napier also earned national distinction as the leading company in selling home protection through AON Home Warranty Services, Incorporated; and WHEREAS, the company is one of the largest locally owned real estate companies, with $382 million in gross sales in 2004; and WHEREAS, Napier's Terry Adcock and her sales team were ranked fifth in the nation for the number of houses sold; and WHEREAS, Dianne Long was among the top one percent of brokers for individual sales; and WHEREAS, to add to its list of achievements, Napier was inducted this month into Cendant Mobility's 2005 Platinum Club in recognition of the fact that it was 33rd of 1,050 companies in the Cendant network for its relocation results; and WHEREAS, Napier was awarded the Five-Star Circle of Excellence Award for referral closings and the Destination Services Award for the highest closing rate on corporate relocations; and WHEREAS, Napier also was awarded the Cendant Mortgage Award for the top mortgage production results among companies of similar size. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 13tn day of April 2005, publicly recognizes the exemplary leadership exhibited by Napier President Jim Napier and his team of professionals, congratulates them on their outstanding achievements, is proud to have Napier Realtors ERA as a member of Chesterfield County's business community, and wishes Napier Realtors continued success. 000 .5;8 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~ Date: April 131 2005 Item Number: 14.D. Subiect: Resolution Recognizing the Manchester Middle School Math Team for Placing Third in a Math Competition Representing 13 Virginia Regions County Administrator's Comments: County Administrator: Board Action Requested: Mr. Warren has requested that the Board of Supervisors adopt this resolution recognizing the Manchester Middle School math team for placing third in a math competition representing 13 Virginia regions. Summary of Information: This resolution will recognize the Manchester Middle School math team for placing third in a math competition representing 13 Virginia regions. Preparer: Donald J. Kappel Title: Director, Public Affairs Attachments: Yes ~-~ No # 000153 RECOGNIZING MANCHESTER MIDDLE SCHOOL'S MATH TEAM FOR ITS EXCELLENT REPRESENTATION OF CHESTERFIELD COUNTY WHEREAS, On March 26, 2005, more than 80 students from middle schools throughout Virginia competed in the MATHCOUNTS championships; and WHEREAS, the students represented 13 regions; and WHEREAS, MATHCOUNTS is a national mathematics competition program; and enrichment and WHEREAS, participating students individually and as teams; and must solve math problems WHEREAS, the Manchester Middle School team members were Jae Chon, Cody Talmadge, Matthew Ha and Cameron Orth; and WHEREAS, Ms. Pamela Haner served as coach for the team; and WHEREAS, the Manchester Middle School Math Team earned third place in the Virginia MATHCOUNTS championships; and WHEREAS, such an exemplary accomplishment is worthy of recognition. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 13th day of April 2005, publicly recognizes the outstanding achievements of Jae Chon, Cody Talmadge, Matthew Ha and Cameron Orth, as well as the exemplary mentorship provided by Ms. Pamela Haner, congratulates the Manchester Middle School Math Team on its award, and extends to each member of the team best wishes for continued success in their academic endeavors. 0001.54 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 13, 2005 Item Number: 14.E. Subiect: Resolution Recognizing the Chesterfield Basketball League for their Participation in a Tobacco-, Alcohol-, and Drug-Prevention Initiative Sponsored by SAFE, Chesterfield's Substance Abuse Prevention Coalition County Administrator's Comments: County Administrator: Board Action Requested: Mr. Barber has requested that the Board of Supervisors adopt the attached resolution. Summary of Information: The Chesterfield Basketball League (CBL) joined with SAFE in a project to use coaches as positive role models in substance abuse prevention. Coaches taught a series of eight short lessons on tobacco, alcohol and drugs following a team practice each week. Twelve teams in the instructional, minors, and intermediate divisions participated in the pilot project. SAFE developed a handbook for coaches containing the lessons that guided their discussions with team members. This resolution recognizes the partnership between SAFE and the Chesterfield Basketball League and the coaches who participated in the project. Preparer: Jana D. Carter Title: Director, Chesterfield Youth Planning and Development Attachments: Yes ~ No # 000:I.$$ RECOGNIZING SAFE, INCORPORATED AND CHESTERFIELD BASKETBALL LEAGUE COACHES FOR THEIR CONTRIBUTIONS TO SUBSTANCE ABUSE PREVENTION WHEREAS, the mission of SAFE, Incorporated, Chesterfield's substance abuse prevention coalition, is to unite organizations and individuals to promote and sustain a healthy community free of substance abuse; and WHEREAS, the Chesterfield Basketball League promotes the healthy development of youths through building character and developing sports-related skills; and WHEREAS, tobacco-, alcohol- and drug-use are problems adversely affect the health and well-being of our youth; and that WHEREAS, prevention messages are most effective when youths hear them in multiple settings - at home, at school and in the community; and WHEREAS, the use of tobacco, alcohol and other drugs hampers athletic performance; and WHEREAS, young people look up to their coaches and listen to what they say; and WHEREAS, SAFE developed a handbook for coaches to help them talk to their players about avoiding smoking, drinking and illegal drug use; and WHEREAS, the Chesterfield Basketball League enthusiastically joined with SAFE in a pilot project to teach these lessons to players in their instructional, minor and intermediate divisions; and WHEREAS, the pilot project has been successfully completed and received positive feedback from both coaches and parents. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 13th day of April 2005, publicly recognizes SAFE Incorporated, and the Chesterfield Basketball League, including Robert Hodges, president, and participating coaches Greg Bauldrick, Rob Bracey, Randy Brown, Roger Evans, E. G. Martin, Dan Meeker, Danny Osterbind, Ray Payne, Marshall Phillips, Jeff Orth, Eddie Ransom, and Don Wilmoth for their involvement in helping to prevent youth substance use among young athletes. 000156 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 13, 2005 Item Number: 14.F. Subiect: Resolution Recognizing Mr. Daniel Spencer Whitt, Mr. Kenneth Eugene Lankey, Mr. Kevin Scott Rouse, Mr. Kevin Michael Mann, Mr. Nicholas Andrew Voss, Mr. Jeffrey Alan Beall, all of Troop 874, sponsored by Saint Luke's United Methodist Church, Mr. John Edward Drake, Jr., Troop 806, sponsored by Woodlake United Methodist Church, Mr. Michael David Tesh, Mr. Brian Douglas Riggs, Mr. Grant Thomas Comstock and Mr. Matthew Raymond Faszewski, all of Troop 894, sponsored by Saint David's Episcopal Church; and Mr. Jeffrey Paul Vlk, Troop 842, sponsored by Swift Creek Baptist Church, Upon Attaining Rank of Eagle Scout County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution. Summary of Information: Staff has received requests for the Board to adopt resolutions recognizing Mr. Daniel Spencer Whitt, Mr. Kenneth Eugene Lankey, Mr. Kevin Scott Rouse, Mr. Kevin Michael Mann, Mr. Nicholas Andrew Voss, Mr. Jeffrey Alan Beall, all of Troop 874, Mr. John Edward Drake, Jr., Troop 806, Mr. Michael David Tesh, Mr. Brian Douglas Riggs, Mr. Grant Thomas Comstock and Mr. Matthew Raymond Faszewski, all of Troop 894, and Mr. Jeffrey Paul Vlk, Troop 842, upon attaining the rank of Eagle Scout. Ail will be present at the meeting, accompanied by members of their families, to accept the resolutions. Preparer: Lisa H. Elko Attachments: Ycs Title: Clerk to the Board O00.1.S7 WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to their community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law Mr. Daniel Spencer Whitt, Mr. Kenneth Eugene Lankey, Mr. Kevin Scott Rouse, Mr. Kevin Michael Mann, Mr. Nicholas Andrew Voss, Mr. Jeffrey Alan Beall, all of Troop 874, sponsored by Saint Luke's United Methodist Church; Mr. John Edward Drake, Jr., Troop 806, sponsored by Woodlake United Methodist Church; Mr. Michael David Tesh, Mr. Brian Douglas Riggs, Mr. Grant Thomas Comstock and Mr. Matthew Raymond Faszewski, all of Troop 894, sponsored by Saint David's Episcopal Church; and Mr. Jeffrey Paul Vlk, Troop 842, sponsored by Swift Creek Baptist Church, have accomplished those high standards of commitment and have reached the long-sought goal of Eagle Scout which is received by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through their experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare themselves for roles as leaders in society, Daniel, Kenneth, Kevin, Kevin, Nicholas, Jeffrey, John, Michael, Brian, Grant, Matthew and Jeffrey have distinguished themselves as members of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 13th day of April 2005, hereby extends its congratulations to Mr. Daniel Spencer Whitt, Mr. Kenneth Eugene Lankey, Mr. Kevin Scott Rouse, Mr. Kevin Michael Mann, Mr. Nicholas Andrew Voss, Mr. Jeffrey Alan Beall, Mr. John Edward Drake, Jr., Mr. Michael David Tesh, Mr. Brian Douglas Riggs, Mr. Grant Thomas Comstock, Mr. Matthew Raymond Faszewski and Mr. Jeffrey Paul Vlk, and acknowledges the good fortune of the county to have such outstanding young men as its citizens. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meeting Date: April 13, 2005 Item Number: 15.A. Subiect: Public Hearing to Consider an Ordinance Providing for the Removal and Disposal of Unattended or Immobile Motor Vehicles County Administrator's Comments: /(~C~~d~ ~~~ County Administrator: Board Action Requested: The Board is requested to adopt the attached ordinance. Summary of Information: Currently, the Police Department has the authority under state law to remove and dispose of motor vehicles which are immobile or left unattended on primary highways. As part of its Community Policing Program, the Police Department is requesting the authority to remove and dispose of vehicles when left unattended on other roads, such as subdivision roads, or on private property. State enabling law permits the Board to adopt an ordinance granting the Police Department such authority. The attached ordinance provides this authority. Under the ordinance, any such vehicle may be towed when it constitutes a traffic hazard; when it is illegally parked; when it is left unattended for 10 days or more; or when it is immobilized by weather conditions or other emergency situations. In such circumstances, the Police Department will contact the vehicle's owner, explain the law to the owner and work with the owner to attempt to gain voluntary removal of the vehicle. The Police Department will only tow vehicles when it is apparent that the owner will not cooperate voluntarily. Such vehicles would be towed pursuant to the County's already existing contracts with towing companies. The towing companies would collect the costs of towing and storage from the vehicles' owners, and dispose of any vehicles not claimed, all at no expense to the County. Preparer: Steven L. Micas Title: County Attorney 0505: 68315.2 (68314.1) Attachments: Yes ~ No 000159 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY ENACTING SECTION 13-64, PROVIDING FOR THE REMOVAL AND DISPOSAL OF UNATTENDED OR IMMOBILE MOTOR VEHICLES FROM PUBLIC OR PRIVATE PROPERTY BE IT ORDAINED by the Board of Supervisors of Chesterfield County. (1) That Section 13-64 of the Code of the County of Chesterfield, 1997, as amended, is hereby enacted to read as follows: Sec. 13-64 Removal and disposal of unattended or immobile motor vehicles. (a) The County, its agents or employees, may remove to a storage area for safekeeping any motor vehicle that: Is left unattended on a public highway or other public property and constitutes a traffic hazard; (2) Is illegally parked; Is left unattended for more than ten days either on public property or on private property without the permission of the property owner, lessee or occupant; or (4) Is immobilized on a public roadway by weather conditions or other emergency situations. (b) For purposes of this section, the term motor vehicle shall also include trailers, semi-trailers and any part or parts of a motor vehicle, trailer or semi-trailer. (c) Removal shall be carried out by or under the direction of the Chief of the Police Department or his designee, who shall be a law enforcement officer. (d) No motor vehicle shall be removed from private property without the written request of the owner, lessee or occupant of the premises. However, upon such request such motor vehicle shall be removed upon a showing by the owner, lessee or occupant that it has complied with the posting requirements of Va. Code § 46.2-1215, if applicable. Additionally, the person making such written request shall indemnify the County against any loss or expense incurred by reason of removal, storage or sale of the motor vehicle. (e) As promptly as possible after removal of the motor vehicle, the Chief of the Police Department or his designee shall report the removal of the motor vehicle to the office of the Commander of the Police Department's Uniformed Operations. 0505(23):68314.1 1 000~I~60 Additionally, the Chief of Police or his designee shall report the removal to the owner of the motor vehicle. LQ Before reclaiming possession of the motor vehicle, the owner thereof shall pay to the County or other party entitled thereto all costs incurred for its removal and storage. If the owner fails or refuses to pay the cost or if his identity or whereabouts is unknown and unascertainable after a diligent search has been made, and after notice to him at his last known address and to the holder of any lien of record with the Office of the Department of Motor Vehicles against the motor vehicle, the vehicle shall be treated as abandoned under the provisions of Va. Code § 46.2-1200 et.seq. Lgl Any motor vehicle that (i) lacks either a current license plate or sticker; or a valid state safety inspection certificate or sticker; and (ii) has been in a specific location for four days without being moved shall be deemed abandoned and shall be treated as abandoned under the provisions of Va. Code § 46.2-1200 et.seq. (h) Disposal of any motor vehicle not claimed by the owner or sold pursuant to provision of state law shall be performed in accordance with Va. Code § 46.2-1205. (2) This ordinance shall be effective upon adoption. 0505(23):68314.1 2 0 0 0 ~_ 6 ~- P. O, Box 85~3 R~chmond, Virginia 23293~0001 ¢04) ~49-~00 Ad Size Total C~st I TA K ~ N(TFIC,'F:TA K F~ NC~T-ICF: THAT THR ROARD HERE Media General Operatior~s, kin, Publisher of THE RICHMOND TiMES-DiSPATCH [his is to certify that the attached TAKR N'f-}TfCFtTA [4R N'©TICf WaS published by Richmond T~mes-Dispatch, inc. in the City of Richmond, State of Virginia, on the fei?wing dates: 03/30/2005 04/06/2005 The first insertion being given .... Newspaper reference: 2009245 Sworn to and subscribed before Public State of Virginia City of RiChmond My Commission expires ~ Supervisor THiS iS NOT A BILL, LEASE PAY FROM iNVOiCE, THA CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: April 13, 2005 Item Number: 15.B. Subject: This Item Encompasses Three Components: 1) Public Hearing to Consider the Approval of a Ground Lease in Connection with Certificates of Participation Financing for the Police Property/Evidence Storage Facility; 2) Approval of a Resolution to Authorize Entering Into a Ground Lease and Other Actions Related to Certificates of Participation Financing for Various Capital Improvement Projects, and 3) Appropriation of Up to $450,000 in Anticipated Proceeds for the Airport Hangar Project County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to 1) hold a public hearing to consider the approval of a ground lease to be entered into in connection with the planned Certificates of Participation financing for the Police Property/Evidence Storage Facility, and 2) approve the attached resolution to approve entering into a Ground Lease, a Lease/Purchase Agreement, a Trust Agreement, and other related agreements in connection with Certificates of Participation financing for the Police Property Evidence/Storage Facility, the Community Development Building, Airport Hangar Project and the Finance/Human Resources Information System, and 3) appropriate up to $450,000 in anticipated proceeds for the Airport Hangar Project at the Chesterfield County Airport. Summary of Information: A Certificates of Participation (lease/purchase) financing in the amount of approximately $14.5 million is scheduled to be sold in late April 2005. This transaction will finance four capital improvement projects that have Preparer: Rebecca T. Dickson Title: Director, Budget and Manaqement Attachments: Yes ~ No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: April 2005 previously been approved in the Capital Improvement Program: the Community Development Building, the Financial/Human Resources Information System, Airport Hangar Project and the Police Property/Evidence Storage Facility. This item requests that the Board hold a public hearing to consider the approval of a ground lease of real property, which encompasses the Police Property/Evidence Storage Building at 9221 Public Works Road. Section 15.2- 1800 of the Code of Virginia, 1950, requires that a public hearing be held prior to the leasing of real property owned by the County. With respect to the Community Development Building at 9800 Government Center Parkway and the Airport Hangar Space at the Chesterfield County Airport, a ground lease for these sites was executed as part of Certificates of Participation financing in 2004. Additional certificates will be issued under this existing ground lease; therefore no public hearing is required for these projects. After the public hearing is held to consider the approval of a ground lease, the Board is requested to approve the attached Authorizing Resolution which authorizes entering into a Ground Lease for the Police Evidence/Storage Facility (with SunTrust Leasing as Lessee), and authorizes entering into a Lease/Purchase Agreement, and Trust Agreement, and other related agreements (subject to approval by the County Attorney and Bond Counsel) related to planned Certificates of Participation financing. Finally, the Board is requested to appropriate up to $450,0000 in anticipated proceeds to complete the Airport Hangar Project at the Chesterfield County Airport. Funds for the Community Development Building, the Financial/Human Resources Information System, and the Police Property/Evidence Storage Facility have previously been appropriated. RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, APPROVING THE FORMS AND THE TERMS, CONDITIONS AND PROVISIONS AND AUTHORIZING THE EXECUTION AND DELIVERY OF A SECOND SUPPLEMENTAL LEASE/PURCHASE AGREEMENT, DATED AS OF APRIL 15, 2005, BY AND BETWEEN SUNTRUST LEASING CORPORATION, AS LESSOR, AND THE COUNTY, AS LESSEE, SUPPLEMENTING A LEASE/PURCHASE AGREEMENT, DATED AS OF JANUARY 1, 2001, BY AND BETWEEN SUCH PARTIES, AND A SECOND SUPPLEMENTAL TRUST AGREEMENT, DATED AS OF APRIL 15, 2005, BY AND AMONG THE COUNTY, SUNTRUST BANK, AS TRUSTEE, AND SUNTRUST LEASING CORPORATION, SUPPLEMENTING A TRUST AGREEMENT, DATED AS OF JANUARY 1, 2001, BY AND AMONG SUCH PARTIES, IN CONNECTION WITH THE AUTHORIZATION, ISSUANCE, SALE AND DELIVERY OF NOT TO EXCEED $4,300,000 PRINCIPAL AMOUNT OF CERTIFICATES OF PARTICIPATION, SERIES 2005A, TO FINANCE A PORTION OF THE COST OF ACQUISITION AND INSTALLATION OF A FINANCIAL/HUMAN RESOURCES INFORMATION SYSTEM FOR THE COUNTY; APPROVING THE FORMS AND THE TERMS, CONDITIONS AND PROVISIONS AND AUTHORIZING THE EXECUTION AND DELIVERY OF A FIRST SUPPLEMENTAL LEASE/PURCHASE AGREEMENT, DATED AS OF APRIL 15, 2005, BY AND BETWEEN SUNTRUST LEASING CORPORATION, AS LESSOR, AND THE COUNTY, AS LESSEE, SUPPLEMENTING A LEASE/PURCHASE AGREEMENT, DATED AS OF MARCH 1, 2004, BY AND BETWEEN SUCH PARTIES, AND A FIRST SUPPLEMENTAL TRUST AGREEMENT, DATED AS OF APRIL 15, 2005, BY AND AMONG THE COUNTY, SUNTRUST BANK, AS TRUSTEE, AND SUNTRUST LEASING CORPORATION, SUPPLEMENTING A TRUST AGREEMENT, DATED AS OF MARCH 1, 2004, BY AND AMONG SUCH PARTIES, IN CONNECTION WITH THE AUTHORIZATION, ISSUANCE, SALE AND DELIVERY OF NOT TO EXCEED $8,950,000 PRINCIPAL AMOUNT OF CERTIFICATES OF PARTICIPATION, SERIES 2005B, TO FINANCE A PORTION OF THE COST OF ACQUISITION, CONSTRUCTION, INSTALLATION, FURNISHING AND EQUIPPING OF A NEW COMMUNITY DEVELOPMENT BUILDING AND AN AIRPORT HANGAR PROJECT (COMPRISED OF A NEW CORPORATE HANGAR AND A NEW T-HANGAR) AT THE CHESTERFIELD COUNTY AIRPORT FOR THE COUNTY; APPROVING THE FORMS AND THE TERMS, CONDITIONS AND PROVISIONS AND AUTHORIZING THE EXECUTION AND DELIVERY OF A GROUND LEASE, DATED AS OF APRIL 15, 2005, BY AND BETWEEN THE COUNTY, AS LESSOR, AND SUNTRUST LEASING CORPORATION, AS LESSEE, A LEASE/PURCHASE AGREEMENT, DATED AS OF APRIL 15, 2005, BY AND BETWEEN SUNTRUST LEASING CORPORATION, AS LESSOR, AND THE COUNTY, AS LESSEE, AND A TRUST AGREEMENT, DATED AS OF APRIL 15, 2005, BY AND AMONG THE COUNTY, SUNTRUST BANK, AS TRUSTEE, AND SUNTRUST LEASING CORPORATION, IN CONNECTION WITH THE AUTHORIZATION, ISSUANCE, SALE AND DELIVERY OF NOT TO EXCEED $1,245,000 PRINCIPAL AMOUNT OF CERTIFICATES OF PARTICIPATION, SERIES 2005C, TO FINANCE A PORTION OF THE COST OF ACQUISITION, CONSTRUCTION, INSTALLATION, FURNISHING AND EQUIPPING 472466.2 027986 RES OF A NEW POLICE PROPERTY AND EVIDENCE STORAGE FACILITY FOR THE COUNTY; AUTHORIZING AND DIRECTING THE PREPARATION AND DISTRIBUTION OF A PRELIMINARY OFFERING STATEMENT AND THE PREPARATION, EXECUTION AND DELIVERY OF AN OFFERING STATEMENT AND DEEMING THE PRELIMINARY OFFERING STATEMENT FINAL FOR PURPOSES OF SECURITIES AND EXCHANGE COMMISSION RULE 15c2-12; DELEGATING TO THE COUNTY ADMINISTRATOR THE AUTHORITY, AMONG OTHER THINGS, TO APPROVE THE SALE OF THE CERTIFICATES AND THE DEFINITIVE DETAILS OF THE CERTIFICATES; AUTHORIZING THE MEMBERS OF SUCH BOARD AND THE OFFICIALS AND EMPLOYEES OF SUCH COUNTY TO TAKE FURTHER ACTION TO CARRY OUT, GIVE EFFECT TO AND CONSUMMATE THE TRANSACTIONS CONTEMPLATED By THIS RESOLUTION; APPROVING AN APPROPRIATION FOR THE AIRPORT HANGAR PROJECT IN THE AMOUNT OF $450,000; AND MAKING CERTAIN FINDINGS AND DETERMINATIONS BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, AS FOLLOWS: SECTION 1. Findings and Determinations. The Board of Supervisors (the "Board") of the County of Chesterfield, Virginia (the "County"), hereby finds and determines as follows: (a) The Board in a resolution adopted by the Board on January 10, 2001 (the "January 10, 2001 Resolution") determined that it was advisable for the County to enter into a Ground Lease, dated as of January 1, 2001 (the "2001 Ground Lease"), by and between the County, as lessor, and SunTrust Leasing Corporation (the "Leasing Corporation"), as lessee, providing for the leasing by the County to the Leasing Corporation of the sites for the County's existing Juvenile Detention Home, Juvenile Courts Building and Information Systems Technology Building and an Airport Hangar at the Chesterfield County Airport and such buildings now or hereafter existing thereon. (b) The Board in the January 10, 2001 Resolution determined that it was advisable for the County to enter into a Lease/Purchase Agreement, dated as of January 1, 2001 (the "2001 Lease/Purchase Agreement"), by and between the SunTrust Leasing Corporation (the "Leasing Corporation"), as lessor, and the County, as lessee, providing for the leasing by the County from the Leasing Corporation of the Project as defined in the 2001 Lease/Purchase Agreement (the "2001 Project"), including the Finance/Human Resources Information System. (c) The Board in the January 10, 2001 Resolution determined that it was advisable for the County to enter into a Trust Agreement, dated as of January 1, 2001 (the "2001 Trust Agreement"), by and among SunTrust Bank, as Trustee (the "Trustee"), the Leasing Corporation and the County. -2- 472466.2 027986 RES (d) On January 24, 2001, there were issued under the 2001 Trust Agreement, $13,725,000 principal amount of Certificates of Participation, Series 2001, dated January 1, 2001 (the "Series 2001 Certificates"), for the purpose of financing a portion of the costs of the acquisition, construction, installation, furnishing and equipping of the 2001 Project, including the Finance/Human Resources Information System. (e) The 2001 Trust Agreement authorizes the issuance of Additional Certificates payable from rentals payable under the 2001 Lease/Purchase Agreement and entitled to the lien and charge securing the Outstanding Certificates issued under the 2001 Trust Agreement to pay any Cost of the Project described in the 2001 Trust Agreement which is not provided from the proceeds of the Series 2001 Certificates. (f) The Board has determined that it is advisable for the County to enter into (i) a Second Supplemental Lease/Purchase Agreement, dated as of April 15, 2005 (the "2001 Second Supplemental Lease/Purchase Agreement"), by and between the Leasing Corporation, as lessor, and the County, as lessee, supplementing the 2001 Lease/purchase Agreement and (ii) a Second Supplemental Trust Agreement, dated as of April 15, 2005 (the "2001 Second Supplemental Trust Agreement"), by and among the Trustee, the Leasing Corporation and the County, supplementing the 2001 Trust Agreement, in connection with the issuance of not to exceed $4,300,000 principal amount of Certificates of Participation, Series 2005A (the "Series 2005A Certificates"), as Additional Certificates under the 2001 Trust Agreement for the purpose of financing additional costs of the 2001 Project, including the Finance/Human Resources Information System. (g) The Board in a resolution adopted by the Board on March 10, 2004, as amended by a resolution adopted on April 14, 2004 (the "March 10, 2004 Resolution"), determined that it was advisable for the County to enter into a Ground Lease, dated as of March 1, 2004 (the "2004 Ground Lease"), by and between the County, as lessor, and the Leasing Corporation, as lessee, providing for the leasing by the County to the Leasing Corporation of the sites for a new Community Development Building, the Chester House Rehabilitative Facility and an Airport Hangar Project (comprised of a new corporate hangar and a new T-hangar) at the Chesterfield County Airport and such buildings now or hereafter existing thereon. (h) The Board in the March 10, 2004 Resolution determined that it was advisable for the County to enter into a Lease/Purchase Agreement, dated as of March 1, 2004 (the "2004 Lease/purchase Agreement"), by and between the Leasing Corporation, as lessor, and the County, as lessee, providing for the leasing by the County from the Leasing Corporation of the Project as defined in the 2004 Lease/Purchase Agreement (the "2004 Project"), including a new Community Development Building. (i) The Board in the March 10, 2004 Resolution determined that it was advisable for the County to enter into a Trust Agreement, dated as of March 1, 2004 (the "2004 Trust Agreement"), by and among the Trustee, the Leasing Corporation and the County. -3- 472466.2 027986 RES (j) On April 15, 2004, there were issued under the 2004 Trust Agreement, $6,990,000 principal amount of Certificates of Participation, Series 2004B, dated April 15, 2004 (the "Series 2004B Certificates"), for the purpose of financing a portion of the costs of the acquisition, construction, installation, furnishing and equipping of the 2004 Project, including a new Community Development Building and an Airport Hangar Project (comprised of a new corporate hangar and a new T-hangar) at the Chesterfield County Airport. (k) The 2004 Trust Agreement authorizes the issuance of Additional Certificates payable from rentals payable under the 2004 Lease/Purchase Agreement and entitled to the lien and charge securing the Outstanding Certificates issued under the 2004 Trust Agreement to pay any Cost of the Project described in the 2004 Trust Agreement which is not provided from the proceeds of the Series 2004B Certificates. (1) The Board has determined that it is advisable for the County to enter into (i) a First Supplemental Lease/Purchase Agreement, dated as of April 15, 2005 (the "2004 First Supplemental Lease/Purchase Agreement"), by and between the Leasing Corporation, as lessor, and the County, as lessee, supplementing the 2004 Lease/purchase Agreement and (ii) a First Supplemental Trust Agreement, dated as of April 15, 2005 (the "2004 First Supplemental Trust Agreement"), by and among the Trustee, the Leasing Corporation and the County, supplementing the 2004 Trust Agreement, in connection with the issuance of not to exceed $8,950,000 principal amount of Certificates of Participation, Series 2005B (the "Series 2005B Certificates"), as Additional Certificates under the 2004 Trust Agreement for the purpose of financing additional costs of the 2004 Project, including a new Community Development Building and an Airport Hangar Project (comprised of a new corporate hangar and a new T- hangar) at the Chesterfield County Airport. (m) The Board has determined that it is advisable for the County to enter into a Ground Lease, dated as of April 15, 2005 (the "2005 Ground Lease"), by and between the County, as lessor, and the Leasing Corporation, as lessee, providing for the leasing by the County to the Leasing Corporation of the site of a Police Property and Evidence Storage Facility and such buildings now or hereafter existing thereon and has determined to conduct a public hearing with respect to the same in accordance with Section 15.2-1800.B of the Code of Virginia, 1950, on April 13, 2005 at the regular meeting of the Board at which this resolution is being adopted. (n) The Board has determined that it is advisable for the County to enter into a Lease/Purchase Agreement, to be dated as of April 15, 2005 (the "2005 Lease/purchase Agreement"), by and between the Leasing Corporation, as lessor, and the County, as lessee, providing, among other things, for the leasing by the County from the Leasing Corporation of the Project as defined in the 2005 Lease/Purchase Agreement (the "2005 Project"), including a new Police Property and Evidence Storage Facility. (o) The Board has determined that it is advisable for the County to enter into a Trust Agreement, dated as of April 15, 2005 (the "2005 Trust Agreement"), by and among the Trustee, the Leasing Corporation and the County. -4- 472466.2 027986 RES (p) The Board has determined that it is advisable for the County to enter into (i) the 2005 Ground Lease, (ii) the 2005 Lease/Purchase Agreement and (iii) the 2005 Trust Agreement, in connection with the issuance of not to exceed $1,245,000 principal amount of Certificates of Participation, Series 2005C (the "Series 2005C Certificates" and, collectively with the Series 2005A Certificates and the Series 2005B Certificates, the "Certificates"), under the 2005 Trust Agreement for the purpose of financing a portion of the costs of the acquisition, construction, installation, furnishing and equipping of a new Police Property and Evidence Storage Facility. (q) The Board has determined that it is advisable to take certain other actions in connection with the authorization, issuance, sale and delivery of the Certificates, including delegating to the County Administrator the authority, among other things, to approve the interest rates for and other details of the Certificates SECTION 2. Definitions. "Certificates" shall mean collectively the Series 2005A Certificates, the Series 2005B Certificates and the Series 2005C Certificates. "Leasing Corporation" shall mean SunTrust Leasing Corporation, a corporation organized and existing under the laws of Commonwealth of Virginia. "Project" shall have the meaning given to such term in each of the 2001 Lease/Purchase Agreement, the 2004 Lease/Purchase Agreement and the 2005 Lease/purchase Agreement. "Projects" shall mean collectively the Project as such term is defined in the 2001 Lease/Purchase Agreement, the Project as such term is defined in the 2004 Lease/Purchase Agreement and the Project as such term is defined in the 2005 Lease/Purchase Agreement. "Series 2005A Certificates" shall mean the not to exceed $4,300,000 principal amount of Certificates of Participation, Series 2005A, to be issued as Additional Certificates under the 2001 Trust Agreement. "Series 2005B Certificates" shall mean the not to exceed $8,950,000 principal amount of Certificates of Participation, Series 2005B, to be issued as Additional Certificates under the 2004 Trust Agreement. "Series 2005C Certificates" shall mean the not to exceed $1,245,000 principal amount of Certificates of Participation, Series 2005C, to be issued as the initial series of Certificates under the 2005 Trust Agreement. "Trustee" shall mean SunTrust Bank, a banking corporation organized and existing under the laws of the State of Georgia and having a corporate trust office in the City of Richmond, Virginia. "2001 Lease/Purchase Agreement" shall mean the Lease/Purchase Agreement, dated as of January 1, 2001, by and between the Leasing Corporation, as lessor, and the County, as lessee. 472466.2 027986 RES "2001 Second Supplemental Lease/Purchase Agreement" shall mean the Second Supplemental Lease/Purchase Agreement, dated as of April 15, 2005, by and between the Leasing Corporation, as lessor, and the County, as lessee, supplementing the 2001 Lease/Purchase Agreement. "2001 Second Supplemental Trust Agreement" shall mean the Second Supplemental Trust Agreement, dated as of April 15, 2005, by and among the Trustee, the Leasing Corporation and the County, supplementing the 2001 Trust Agreement. "2001 Trust Agreement" shall mean the Trust Agreement, dated as of January 1, 2001, by and among the Trustee, the Leasing Corporation and the County. "2004 First Supplemental Lease/Purchase Agreement" shall mean the First Supplemental Lease/Purchase Agreement, dated as of April 15, 2005, by and between the Leasing Corporation, as lessor, and the County, as lessee, supplementing the 2004 Lease/Purchase Agreement. "2004 First Supplemental Trust Agreement" shall mean the First Supplemental Trust Agreement, dated as of April 15, 2005, by and among the Trustee, the Leasing Corporation and the County, supplementing the 2004 Trust Agreement. "2004 Lease/Purchase Agreement" shall mean the Lease/purchase Agreement, dated as of March 1, 2004, by and between the Leasing Corporation, as lessor, and the County, as lessee. "2004 Trust Agreement" shall mean the Trust Agreement, dated as of March 1, 2004, by and among the Trustee, the Leasing Corporation and the County. "2005 Ground Lease" shall mean the Ground Lease, dated as of April 15, 2005, by and between the County, as lessor, and the Leasing Corporation, as lessee. "2005 Lease/Purchase Agreement" shall mean the Lease/Purchase Agreement, dated as of April 15, 2005, by and between the Leasing Corporation, as lessor, and the County, as lessee, providing for the leasing of the Project (as defined in the 2005 Lease/purchase Agreement) to the County. "2005 Trust Agreement" shall mean the Trust Agreement, dated as of April 15, 2005, by and among the Trustee, the Leasing Corporation and the County. SECTION 3. Additional Findings and Determinations. The Board hereby further finds and determines as follows: (a) The leasing of each of the Projects is presently essential to the County and are anticipated to continue to be essential to the County. -6- 472466.2027986 RES (b) (i) The representations set forth in Section2.1 of the 2001 Lease/Purchase Agreement, as supplemented by the 2001 Second Supplemental Lease/Purchase Agreement, are true and correct on and as of the date of adoption of this resolution. (ii) The statements set forth in Section 4.4 of the 2001 Lease/Purchase Agreement, as supplemented by the 2001 Second Supplemental Lease/Purchase Agreement, accurately reflect the intention of the Board with respect to the subject matter thereof, subject to the qualification recited therein that the Board is not empowered to make any commitment beyond the current fiscal year of the County. (c) (i) The representations set forth in Section 2.1 of the 2004 Lease/Purchase Agreement, as supplemented by the 2004 First Supplemental Lease/purchase Agreement, are true and correct on and as of the date of adoption of this resolution. (ii) The statements set forth in Section 4.4 of the 2004 Lease/purchase Agreement, as supplemented by the 2004 First Supplemental Lease/Purchase Agreement, accurately reflect the intention of the Board with respect to the subject matter thereof, subject to the qualification recited therein that the Board is not empowered to make any commitment beyond the current fiscal year of the County. (d) (i) The representations set forth in Section 2.1 of the 2005 Lease/Purchase Agreement are true and correct on and as of the date of adoption of this resolution. (ii) The statements set forth in Section 4.4 of the 2005 Lease/Purchase Agreement accurately reflect the intention of the Board with respect to the subject matter thereof, subject to the qualification recited therein that the Board is not empowered to make any commitment beyond the current fiscal year of the County. SECTION4. Approval of the Form of the 2001 Second Supplemental Lease/Purchase Agreement and the Terms, Conditions and Provisions Thereof; Execution and Delivery of the 2001 Second Supplemental Lease/Purchase Agreement. The form of the 2001 Second Supplemental Lease/purchase Agreement presented to and filed with the minutes of the meeting of the Board at which this resolution is being adopted and the terms, conditions and provisions thereof (including in particular the Base Payments and Additional Base Payments required to be paid thereunder as the same shall be set forth in the exhibits thereto and the other rental payments required to be paid thereunder) are hereby approved, ratified and confirmed, and the County Administrator or any Deputy County Administrator is hereby authorized and directed to execute and deliver to the Leasing Corporation the 2001 Second Supplemental Lease/Purchase Agreement in such form, together with such changes as shall be approved by the County Administrator or Deputy County Administrator executing the same upon the advice of counsel to the County, such approval to be conclusively evidenced by his execution thereof. SECTION 5. Approval of the Form of the 2001 Second Supplemental Trust Agreement and the Terms, Conditions and Provisions Thereof; Execution and Delivery of the 2001 Second Supplemental Trust Agreement. The form of the 2001 Second Supplemental Trust -7- 472466.2 027986 RES Agreement presented to and filed with the minutes of the meeting of the Board at which this resolution is being adopted and the terms, conditions and provisions thereof, are hereby approved, ratified and confirmed, and the County Administrator or any Deputy County Administrator is hereby authorized and directed to execute and deliver the 2001 Second Supplemental Trust Agreement to the Trustee and the Leasing Corporation, together with such changes as shall be approved by the County Administrator or Deputy County Administrator executing the same upon the advice of counsel to the County, such approval to be conclusively evidenced by his execution thereof. SECTION6. Approval of the Form of the 2004 First Supplemental Lease/Purchase Agreement and the Terms, Conditions and Provisions Thereof; Execution and Delivery of the 2004 First Supplemental Lease/purchase Agreement. The form of the 2004 First Supplemental Lease/Purchase Agreement presented to and filed with the minutes of the meeting of the Board at which this resolution is being adopted and the terms, conditions and provisions thereof (including in particular the Base Payments and Additional Base Payments required to be paid thereunder as the same shall be set forth in the exhibits thereto and the other rental payments required to be paid thereunder) are hereby approved, ratified and confirmed, and the County Administrator or any Deputy County Administrator is hereby authorized and directed to execute and deliver to the Leasing Corporation the 2004 First Supplemental Lease/purchase Agreement in such form, together with such changes as shall be approved by the County Administrator or Deputy County Administrator executing the same upon the advice of counsel to the County, such approval to be conclusively evidenced by his execution thereof. SECTION 7. Approval of the Form of the 2004 First Supplemental Trust Agreement and the Terms, Conditions and Provisions Thereof; Execution and Delivery of the 2004 First Supplemental Trust Agreement. The form of the 2004 First Supplemental Trust Agreement presented to and filed with the minutes of the meeting of the Board at which this resolution is being adopted and the terms, conditions and provisions thereof, are hereby approved, ratified and confirmed, and the County Administrator or any Deputy County Administrator is hereby authorized and directed to execute and deliver the 2004 First Supplemental Trust Agreement to the Trustee and the Leasing Corporation, together with such changes as shall be approved by the County Administrator or Deputy County Administrator executing the same upon the advice of counsel to the County, such approval to be conclusively evidenced by his execution thereof. SECTION 8. Approval of the Form of the 2005 Ground Lease and the Terms, Conditions and Provisions Thereof; Authorization and Direction of Execution and Delivery of the 2005 Ground Lease. The form of the 2005 Ground Lease presented to and filed with the minutes of the meeting of the Board at which this resolution is being adopted and the terms, conditions and provisions thereof, are hereby approved, ratified and confirmed, and the County Administrator or any Deputy County Administrator is hereby authorized and directed to execute and deliver to the Leasing Corporation the 2005 Ground Lease in such form, together with such changes as shall be approved by the County Administrator or Deputy County Administrator executing the same upon advice of counsel to the County, such approval to be conclusively evidenced by his execution thereof. -8- 472466.2 027986 RES SECTION 9. Approval of the Form of the 2005 Lease/Purchase Agreement and the Terms, Conditions and Provisions Thereof; Execution and Delivery of the 2005 Lease/Purchase Agreement. The form of the 2005 Lease/purchase Agreement presented to and filed with the minutes of the meeting of the Board at which this resolution is being adopted and the terms, conditions and provisions thereof (including in particular the Base Payments required to be paid thereunder as the same shall be set forth in the exhibits thereto and the other rental payments required to be paid thereunder) are hereby approved, ratified and confirmed, and, subject to the execution and delivery by the County of the 2005 Ground Lease in accordance with Section 8, the County Administrator or any Deputy County Administrator is hereby authorized and directed to execute and deliver to the Leasing Corporation the 2005 Lease/purchase Agreement in such form, together with such changes as shall be approved by the County Administrator or Deputy County Administrator executing the same upon the advice of counsel to the County, such approval to be conclusively evidenced by his execution thereof. SECTION 10. Approval of the Form of the 2005 Trust Agreement and the Terms, Conditions and Provisions Thereof; Execution and Delivery of the 2005 Trust Agreement; Approval of Appointment of Trustee. (a) The form of the 2005 Trust Agreement presented to and filed with the minutes of the meeting of the Board at which this resolution is being adopted and the terms, conditions and provisions thereof, are hereby approved, ratified and confirmed, and, subject to the execution and delivery by the County of the 2005 Ground Lease in accordance with Section 8, the County Administrator or any Deputy County Administrator is hereby authorized and directed to execute and deliver the 2005 Trust Agreement to the Trustee and the Leasing Corporation, together with such changes as shall be approved by the County Administrator or Deputy County Administrator executing the same upon the advice of counsel to the County, such approval to be conclusively evidenced by his execution thereof. (b) The Board hereby approves the appointment of SunTrust Bank as Trustee under the 2005 Trust Agreement. SECTION 11. Preparation and Distribution of Preliminary Offering Statement and Preparation, Execution and Delivery of Offering Statement; Preliminary Offering Statement "Deemed Final" for Purposes of Rule 15c2-12 of the Securities and Exchange Commission. (a) The County Administrator and other appropriate officials and employees of the County are hereby authorized and directed to prepare and distribute or disseminate, or cause to be prepared and distributed or disseminated, to prospective purchasers of the Certificates a Preliminary Offering Statement relating to the Certificates (the "Preliminary Offering Statement"), such Preliminary Offering Statement to be in substantially the form presented to and filed with the minutes of the meeting of the Board at which this resolution is being adopted. All actions taken by the officials, employees, agents and attorneys of the County with respect to the preparation and distribution or dissemination of such Preliminary Offering Statement prior to the date hereof are hereby approved, ratified and confirmed. (b) The County Administrator and other appropriate officials and employees of the County are hereby authorized and directed to prepare, or to cause to be prepared, an Offering Statement relating to the Certificates (the "Offering Statement"), such Offering Statement to be in substantially the form of the Preliminary Offering Statement with the -9- 472466.2 027986 RES completion therein of the information with respect to the interest rates to be borne by the Certificates as specified by the successful bidder for the Certificates and other definitive details of the Certificates determined upon the sale of the Certificates to the successful bidder therefor. (c) The County Administrator is hereby authorized to execute and deliver to the representative of the purchasers of the Certificates the Offering Statement relating to the Certificates in accordance with the provisions of the Detailed Notice of Sale relating to the Certificates. (d) The Preliminary Offering Statement shall be "deemed final" as of its date for purposes of Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934 ("Rule 15c2-12") except for the omission of certain information permitted to be omitted by Rule 15c2-12. The County Administrator is hereby authorized to execute and deliver to the representative of the purchasers of the Certificates a certificate dated the date of the Preliminary Offering Statement stating that the Preliminary Offering Statement is "deemed final" as of its date by the County for purposes of Rule 15c2-12. SECTION 12. Sale of Certificates; Details of Certificates. (a) There is hereby delegated to the County Administrator authority, without further action by the Board, to approve the sale of the Certificates at competitive sale at not less than 100% of the principal amount thereof, plus accrued interest thereon from their date to the date of the delivery thereof and payment therefor, and on such other terms and conditions as shall be provided in the Detailed Notice of Sale relating to the Certificates. The County Administrator is hereby authorized to cause to be published and distributed a Detailed Notice of Sale relating to the Certificates in such form and containing such terms and conditions as he may deem advisable, subject to the provisions hereof. In lieu of publishing the full text of the Detailed Notice of Sale relating to the Certificates in accordance with the provisions of the immediately preceding sentence, the County Administrator is hereby authorized to cause a Summary Notice of Sale of the Certificates in such form as the County Administrator shall approve to be published in The Bond Buyer on a date selected by the County Administrator and is hereby further authorized to cause to be prepared and distributed a Detailed Notice of Sale relating to the Certificates, such Detailed Notice of Sale to be in substantially the form set forth in Appendix F to the Preliminary Offering Statement relating to the Certificates presented to the meeting at which this resolution is being adopted. (b) The County is hereby authorized to receive bids for the purchase of the Certificates and, the County Administrator, without further action by the Board, is authorized to approve the acceptance of the bid offering to purchase the Certificates at the lowest true interest cost to the County, computed in accordance with the provisions of the Detailed Notice of Sale; provided that (i) such bid is accompanied by a surety bond meeting the conditions specified in the Detailed Notice of Sale relating to the Certificates and is otherwise in conformity with such Detailed Notice of Sale, (ii) no premium payable upon the redemption of the Certificates shall be in excess of two percent (2%) and (iii) the true interest cost to the County as specified in such bid is not in excess of six percent (6%). The County Administrator is hereby authorized to determine the date of the Certificates, the dates on which interest shall be payable on the Certificates, the maturity dates of the Certificates, the aggregate principal amounts of the Certificates of each series and the principal amounts of the Certificates maturing in each year. -10- 472466.2 027986 RES (c) The County Administrator, the Director of Accounting and the County Attorney are hereby authorized to execute and deliver to the purchasers of the Certificates one or more certificates in the forms provided for in the Offering Statement relating to the Certificates. (d) The County Administrator is hereby authorized to approve the definitive details of the Certificates as the same shall be set forth in the Detailed Notice of Sale, the Preliminary Offering Statement, the Offering Statement and the bid submitted by the successful bidder for the Certificates. SECTION 13. Tax Covenant. The County covenants and agrees to comply with the provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986 and the applicable Treasury Regulations promulgated thereunder throughout the term of the Certificates. SECTION 14. Further Action of the Board and of the Officials and Employees of the County. The members of the Board and the officials and employees of the County are hereby authorized and directed to take any and all such further action as upon advice of counsel to the County they shall deem necessary or desirable in order to carry out, give effect to and consummate the transactions contemplated by this resolution and by the terms of the 2001 Second Supplemental Lease/Purchase Agreement, the 2001 Second Supplemental Trust Agreement, the 2004 First Supplemental Lease/Purchase Agreement, the 2004 First Supplemental Trust Agreement, the 2005 Ground Lease, the 2005 Lease/Purchase Agreement and the 2005 Trust Agreement and by any of the documents referred to herein or therein or approved hereby or thereby. SECTION 15. Appropriation for Airport Hangar Project. The Board hereby appropriates the amount of $450,000 of the net proceeds of sale of the Series 2005B Certificates to pay costs of acquisition, construction, installation, furnishing and equipping of the Airport Hangar Project at the Chesterfield County Airport. SECTION 16. Repeal of Conflicting Resolutions. All resolutions, or portions thereof, heretofore adopted by the Board which are in conflict or inconsistent with this resolution are hereby repealed to the extent of such inconsistency. SECTION 17. Effectiveness of Resolution. This resolution shall be effective from and after its adoption. -11- 472466.2 027986 RES An Affiliate of ~ed~a Genem~ Advertising ~i~avit {This is not a bill P~ease pay from P, O, Bo:< 85333 Richmond, Virginia 23~93~0001 (8O4) 649.6O00 220g06 ~de ~scrytion ~ ?.~ FAKR 'N©T'~CETA'EF: N©T;t(TF, fflqAT Ti[4R ROAR Ad Size Total ~st Media General Operations, Publisher of HERE THE RiC HMON D TIMES* DISPATCH This is to certify that the attached TAER 'N©TICF/T'AEE NOT,Cf was published by RiChmond T~mes-Dispatch, Inc, in the City of Richmond, State of Vkcnia, on the foli~w~ng dates: 04/06/2005 The first insertion being given .... Newsier reference: 2024471 Sworn to and subscribed before me this _~/~[ } ~ State of Virginia C~y of Richmond ~y Commission ex~ires ' '- - TH~SISNO ABILL. P iCE. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 13, 2005 Item Number: 15.C. Subiect: PUBLIC HEARING: Ordinance to Vacate a Portion of a Fifty-Foot Unimproved Right of Way Known as Rycliff Avenue, Formerly Known as Gary Avenue, Within Revised Plan of Rayon Park County Administrator's Comments: County Administrator: Board Action Requested: Adopt an ordinance to vacate a portion of a 50' unimproved right of way known as Rycliff Avenue, formerly known as Gary Avenue, within Revised Plan of Rayon Park, as shown on the attached plat. Summary of Information: Richmond Metropolitan Habitat for Humanity, Inc., has submitted an application requesting the vacation of a portion of a 50' unimproved right of way known as Rycliff Avenue, formerly known as Gary Avenue, within Revised Plan of Rayon Park. This request has been reviewed by staff and approval is recommended. District: Bermuda Preparer: John W. Harmon Title: Right of Way Manager Attachments: Ycs No 000175 VICINITY SKETCH PUBLIC HEARING: ORDINANCE TO VACATE A PORTION OF A FIFTY FOOT UNIMPROVED RIGHT OF WAY KNOWN AS RYCMFF AVENUE FORMERLY KNOWN AS GARY AVENUE WITHIN REVISED PLAN OF RAYON PARK m z !-i'1 ALCOTT RD Chesterfield County Department of Utilities 000176 16' Drainage Easement ////VACATED AREA Metropolitan Habitat for Humanity, Inc. 3104 & 3106 Rycliff Avenue DB. 5668 PG. S81 PIN~. 788677703800000~ 788677683700000, 7886776K:3700000, 788~77603600000 Douglas W. & Frauc~a A. Payne 7724, 3107, 3109, 3113 & 3115 Rycliff Avenue DB. 2800 PG. 745 PINS: 788677732000000, 788677681900000, 788677651800000, 788677611800000, 788677561600000 000177 P~J Media G( ners~ Operations THE RICHMOND Ti MES*DtS PA FCH ~ Su~;~r'~sor THiS iS NO, a B~EL PLa~ASE PAY FRO~¢a CNVOICE. THANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: April 13, 2005 Item Number: 15.D. Subiect: PUBLIC HEARING: To Consider the Exercise of Eminent Domain for the Acquisition of Offsite Right of Way and Permanent and Temporary Construction Easements for the Cosby Road High School Project County Administrator's Comments: //~.¢_~ //~~~ County Administrator: Board Action Requested: Approve the exercise of eminent domain for the acquisition of offsite right of way and permanent and temporary construction easements for the Cosby Road High School Project and authorize the right to enter and take such right of way easements prior to eminent domain proceedings. Summary of Information: The County needs to acquire a variable width right of way and variable width permanent and temporary construction easements for construction of the extension of Fox Club Parkway and Village Square Parkway. The construction of these roads is a condition of the site plan approval for the Cosby Road High School. The right of way and easements are needed across three properties: 1. The Washington Owens Estate, PIN: 716673143200000; 2. The Bettie Owens Estate, PIN: 715673148600000 and, 3. The John Porter Estate, PIN: 715673148600000. Staff has made diligent efforts to identify and negotiate acquisition of the right of way and easements from all the heirs of the estates that own the subject parcels. However, some heirs remain unknown and others are unwilling to negotiate. Staff has not been able to identify any heirs of John Porter. District: Matoaca Preparer: John W. Harmon Title: Ri.qht of Way Mana.qer Attachments: Ycs 000/.7 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 An offer was made to some of the identifiable common heirs of the Washington Owens and Bettie Owens estates. The County made an offer of $65,200.00 to those individuals based on an appraisal of the properties and the easements to be taken. A counteroffer of $228,000.00 was made and rejected because staff believes it is excessive. If the Board authorizes the action requested after a Public Hearing, staff will file certificates in the land records of the County that will immediately vest title to the right of way and easements in the County and obligate the County to purchase the right of way and easement sought. Staff will continue to attempt to identify heirs and negotiate with known heirs in an effort to acquire the right of way and easements. Approval is recommended. VICINITY SKETCH PUBLIC HEARING: To Consider the Exercise of Eminent Domain for the Acquisition of Off-site Right of Way and Permanent and Temporary Construction Easements for the Cosby Road High School Project BET[IE OWEN8 :JOHN PORTEF E8TATE ESTATE EXISTING FOX CLUB PARKWAY & WASHINGTON OWEN8 ESTATE COSBY ROAD HIGH SCHOOL EXISTING VILLAGE SQUARE PARKWAY RIQHT OF WAY N Cheslerlleld County Department of Utilities 8 I inch aquila 0,08 feet 000:1.80 LIO i8 TIMMONS GROUP.'""'-.-. 3053 PO 612 O~SZ 18~3 Good Evening. I am Jodie Felice, Vice-President of Foxcroft Community Association. We document for the public record ... The residents of Foxcroft appreciate the dedication the County has maintained in regard to the extension of Fox Club Parkway at this time. The eminent domain case that will be approved this evening speaks to the energy and money that Chesterfield has committed to relieve traffic congestion on Hull Street Road by re-directing that traffic through a community of 364 homes to Woolridge Road, an arterial road that County Transportation has described as little more than an asphalted cow-path an~has not yet~entered on the five-year plan for road improvement. The County's dedication to make this connection has been extraordinary. From the extra funds required to redesign Hull Street Road at the main entrance to Hampton Park to the money saved by not instituting a traffic study for the impact of this road beyond stating that 'the numbers cannot be determined at this time' is remarkable. Our community's concern for roadway safety prompted Foxcroft and Foxfire Communities to fund a traffic safety study by Traffic Safety Consultants, Inc., which we forwarded to County offices this year. Only the School Board has shown any concern that the most accident prone driving group of high school drivers will mix with the estimated 7,000 to 10,000 daily commuter car trips within our residential community. To date, only the School Board has requested that VDOT adjust their guidelines in order to establish a four-way stop at Fox Club Parkway and Village Mill Parkway, as well as a through truck restriction on Fox Club Parkway. We continue to wait for any indication that the Board of Supervisors or County Transportation has even read the report produced by this leading traffic study group, which has "friend of the court" status in Chesterfield County. Our County's dedication to this road connection has been documented each time County Transportation has advised that nothing can be done because VDOT won't allow it. As you know, we have gone to VDOT itself ... the State Secretary of Transportation, the Regional VDOT Representative and our local County VDOT Representative ... and we have been assured that any adjustments that a County forwards to VDOT are met. The problem for VDOT is that Chesterfield County Transportation hasn't initiated any requests in terms of the design or safety on Fox Club Parkway beyond what would expedite traffic relief for Hull Street Road. We are impressed with the workings of our County Government to make a 'done deal' done. We are impressed that our County's participation in a Public-Private Partnership has oiled the wheels of government so well (or presented such a slippery slope that none dare retrace their very hasty steps) ... we are impressed that in this case neither public safety, nor the interests of private property owners has shown themselves to be worthy of protection. Thank you. Jodie Felice 15507 Fox Club Way Midlothian, VA 23112 639-1199 R 0 Box 85333 {}4 '{'h'/' ? 'fi!", ? i Ad St:~! T;Oia/ 70{t x i4{}{~ Si ATTACH HERE Media Generat Operations, Pubtiehe~' of THE RICHMOND TIMES~DtSPATCH (,(}¢ ,'?(XP, Sworn to and subscribed before me this o4/{}6,'?0{}s THiS 18 NOT A BILL. PLEASE PAY FR()M INVOICE. THANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 13, 2005 Item Number: 16. Subject: Adjournment and Notice of Next Scheduled Meeting of the Board of Supervisors County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Motion of adjournment and notice of a regularly scheduled meeting to be held on April 27, 2005 at 4:00 p.m. Preparer: Lisa H. Elko Title: Clerk to the Board Attachments: Yes No # ~,~0184