The URL can be used to link to this page

07-27-1994 PacketMeeting Date: CHESTERFIELD COUNTh BOARD OF SUPERVISORS AGENDA July 27, 1994 Item Number: P~e ~ of J_ ~.~. Subject: COUNTY ADMINISTRATOR'S COMMENTS Count}, Administrator's Comments: County Administrator: BoardAction Requested: Summary of Information: Mike Golden will introduce Mr. Carlton Abbott to make a presentation on the Eppington Plantation Master Plan. Chesterfield County contracted with Carlton Abbott and Associates for development of a Master Plan to guide the Parks and Recreation Department in the future preservation and development of Eppington Plantation. Carlton Abbott put together a team of qualified individuals from the James River Institute of Archaeology and Colonial Williamsburg to assist in the development of this Master Plan. Preparer: Attachments: ~-~ Yes No Title: Director of Parks and Recreation f# Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA July 27 ~ 1994 Item Number: Page i of 1 Subject: COUNTY ADMINISTRATOR'S COMMENTS Count~ Administrator's Comments: County Administrator: BoardAction Requested: Summary of Information: Mr. Bradford S. Hammer, Deputy County Administrator for Management Services, will present an update on the LaPrade and Ettrick/Matoaca Branch Libraries. Preparer: Attachments: Yes ~--~ No Title: OO;2 LIBRARY PROJECT UPDATES LaPrade, Ettrick-Matoaca Schedule Update July 18 July 22 July 25 July 25 July 29 Aug 1 Aug 15' Aug 21 Sept 8* Oct 5 Start non-structural and structural demolition at LaPrade Actual Start: July 13 Finish non-structural and structural demolition at LaPrade Start non-structural and structural demolition at Ettrick Actual Start: July 20 Perform structural inspection at LaPrade Finish non-structural and structural demolition at Ettrick Perform structural inspection at Ettrick Submit repair documents to County for review Advertise repair project Receive bids for repair project Award contract Jan 6,'95* Complete construction *Major Milestones Design Update Request for proposal (change order to Stroud, Pence purchase order) for additional professional services is presently as follows: 4. 5. 6. 7. 11. Roof or ceiling insulation replacement (removal will already be completed) Replacement/redesign of ceiling and ceiling fixtures (light fixtures, mechanical grilles, etc.) New carpet New interior paint finishes Infill of story pit in Ettrick-Matoaca Interior lighting evaluation/improvements Assistance with any architectural aspects of wall bracing design options Removal and replacement of roof at LaPrade (presently funded in another center - suggest work be done in conjunction with repairs) Compliance with Building Code accessibility requirements Distribute contract documents for bidding purposes and other normal bid phase services Construction administration Midlothian Notice to Proceed issued Contract execution in progress Library closing scheduled for 8/29/94 (90 days) O03 Midlothian Structural Investigation Field work completed - observations minor Report due first week in August Minimal repair recommendations will include wall bracing Clover Hill Schedule: 6/24/94 7/18 - 8/12 7/25 - 8/25 Late August Mid October Substantially complete 60 day temporary co in effect from 6/24/94 FFE, telephones, computer installations Book delivery/installations Soft opening Dedication Construction: Punch list work behind schedule; little/no impact on opening date Chester Selection committee ready to make award recommendation to Bard Meeting Date: CHESTERFIELD COUNT~ BOARD OF SUPERVISORS July 27, 1994 AGENDA Item Number: Page ~__..of 1 8.C.10. Subject.'. Buy out of Trailer Leases Administrator's Comments: County Administrator: tardAction Requested:, Transfer on September 1, 1994, $280,964 from the CIP Reserve for School Projects to the School Capital Project Fund for the purchase in FY95, of one hundred twenty-five (125) trailers currently under lease. Summary of Information: The School Board has requested authorization to use $280,964 from the CIP Reserve to fund the purchase, in FY95, of one hundred twenty-five (125) trailers currently under lease. Repayment of this amount to the ClP Reserve will be made on July 1, 1995 from operating funds designated in previous years for trailer leases. Pertinent information and evaluation/analysis of various alternatives is attached. According to school staff, this proposed alternative is expected to save $258,000 over the next three years when compared to the current method for securing temporary classroom space. If approved, the available balance in the school ClP Reserve will be $466,296 (this available balance is net of the $1.58 million designation for John Tyler Community College). Preparer: James J. L. Stegmaier Attachments: No Title: Director of Budget and Management BO22.wp5/ 131 CHESTERFIELD COUNTY PUBLIC SCHOOLS CHESTERFIELD, VIRGINIA CCPS MEMORANDUM #116 (93-'94) FROM: OFFICE OF THE SUPERINTENDEN1v SUBJECT: PROPOSED FY1995 BUY OUT OF TRAILER LEASES JUNE 28, 1994 PERTINENT INFORMATION: The following describes a proposal to borrow $280,964 from the CIP Reserve, on September 1, 1994, to execute the option to purchase trailers we currently have under lease. Repayment would be made on July 1, 1995 from operating funds designated in previous years for trailer lease. The goal of this proposal is to provide the necessary temporaryclassroom space using the most economical method possible. EVALUATION/ANALYSIS: In determining the most economical method to provide temporary classroom space, three alternatives, each covering a three year period beginning in FY1995, were developed. Alternative I was to purchase the trailers at the point of lowest total cost to Chesterfield County Public Schools. Alternative 2 was to purchase the trailers as possible within existing line item budget limits. Alternative 3 was to continue leasing the trailers. Under Alternative 1, the cumulative cost for each of the years FY1995, FY1996, and FY1997 was determined for each of the trailers currently under lease. For each individual trailer, the year in which the cumulative cost was lowest was designated as the year in which the trailer should be purchased. That methodology resulted in a recommendation for Alternative i to purchase all but ten (10) of the trailers effective September 1, 1994 and the remaining ten (10) trailers effective September 1, 1995. The FY1995 cost to purchase one hundred twenty-five (125) trailers is $1,131,000. The current trailer lease budget for FY1995 is $850,000, resulting in a shortage of $28%.964. The cost in the second year to purchase the remaining ten (10} trailers currently under lease is $7,129. There will be no rental cost in the third year for a total three year cost under Alternative I of $1,138,129. Alternative 2, a plan designed to remain within the existing budget for trailer lease of $850,000, used the same methodology as Alternative 1. The number of trailers to be purchased in FY1995, however, will be lower in order that the total expenditure for purchased and leased trailers does not exceed the current budget of $850,000. This results in an expenditure of $849,111 in FY1995. The remainder of the trailers would be purchased in FY1996 at a cost of $413,903. There will be no rental cost in the third year. The resulting three year cost would be $1,263,015 or $124,886 more than Alternative 1. In Alternative 3, trailers would continue to be rented as long as there is a need for temporary classroom space unless they become property of Chesterfield County Public Schools because the contract has a lease-to-own clause. That clause will provide forty-two (42) in September 1995, twenty (20) in September 1996 and forty-three {43) in September 1997. This method will result in a cost of $629,593 in FYlgg5, $438,613 in FY1996, and $328,206 in FY1997. In addition, under this alternative, there are twenty-nine {29) trailers for which there is no lease-to-own option. For those trailers, we will continue to pay $115,380 annually for as long as they are needed. This would result in a three year cost of $1,396,413 with the continuing $115,380 payment, thereafter. The total three year cost for Alternative 3 is approximately $258,000 more than in Alternative 1. Chesterfield County Public Schools will have a continuing need for additional trailers, since the student population is projected to expand at nearly 1,200 per year and we are not building classrooms at that rate. By purchasing the trailers as early as possible and eliminating the annual rental cost, the funding previously designated for trailer lease can be used to purchase the additional trailers in future years without an increase in the facilities budget. RECOMMENDATIONS: It is recommended that the School Board approve the Alternative ) buy out plan and request the Board of Supervisors to authorize the use of $280,964 from the CIP Reserve on September 1, 1994 to fund the FY1995 purchase of one hundred twenty-five (125) trailers currently under lease. Repayment will be made to the CIP Reserve on July 1, 1995. This alternative is expected to save $258,000 over the next three years when compared to current method 'for securing temporary classroom space (Alternative 3). TRF/SRN/ldm Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA July 27, 1994 Item Number: Page 1 of 1 Subject: Resolution Recognizing the Retirement of Mr. William H. Howell, Director of the Department of General Services Count~' Administrator's Comments: County Administrator: BoardAction Requested: Request approval of the attached resolution. Summary of Infor mation: Mr. William H. Howell, Director of General Services has provided 16 years of exemplary service to Chesterfield County. Mr. Howell's public service career includes his service as a Colonel in the U.S. Army as well as service to the County as a Budget Analyst, Assistant to the County Administrator, and Director of General Services. Preparer: Title: Bradford S. Hammer Attachments: Yes D No Deputy County Administrator for Mgmt. Serv O04 RECOGNIZING MR. WILLIAM H. HOWELL UPON HIS RETIREMENT WHEREAS, Mr. William H. Howell will retire from Chesterfield County on July 31, 1994 after serving the citizens of the County for over 16 years with an unselfish quality and energy that is to be admired and exemplified by all; and WHEREAS, Mr. Howell served as Budget and Management Analyst, as Assistant to the County Administrator, Acting Director of General Services, and Director of General Services during that period indicating the County Administration's respect for his expertise and management abilities; and WHEREAS, Mr. Howell's service began when the County's citizen population was 127,365 in 1978 and grew to 232,900 in 1994 at the time when services to its citizens and the business community dramatically expanded; and WHEREAS, with the changing demands of the general population, the expanding leaf collection program; the solid waste management program; recycling drop-off centers; and the curbside recycling collection were developed, implemented, and monitored to provide the quality of life we now have and that which should be preserved for future generations; and WHEREAS, Mr. Howell's last ten years of service was devoted to promoting, supervising, and maintaining the County Airport, the buildings and grounds of the County Complex, the building construction program, the collection and disposal of solid waste, the management of County records, the County vehicle fleet, and the County printing and supplies operation and others; and WHEREAS, during Mr. Howell's tenure with Chesterfield County, he was a "nuts and bolts" individual whose responsibilities varied from being accountable for such as projects as, but not limited to, the conception of the Construction Management Division; the completion of the Juvenile Group Home; the new County garage and the 800 Mhz Maintenance Repair Program; the construction of two County landfills; the completion of many improvements to the County Airport and the conversion to aviation privatization; the completion of the Courts Building, the IST building, the Human Services building, the Mental Health/Mental Retardation Services Building, numerous fire stations and libraries; and the renovation of the Public Meeting Room and many others; and WHEREAS, Mr. Howell also exhibited a caring attitude for his fellow employees by taking on responsibility for quality of life issues facing the office complex by initiating projects such as the parking lot repaving, providing for a suitable cafeteria, and constant monitoring of all working conditions of employees to provide for a safe and healthy environment in which to work; and WHEREAS, Mr. Howell was a member and past president of the General Services Association of Virginia, a member of the Solid Waste Association of North America, a member of the American Public Works Association and a Charter member of the Board of Directors and Treasurer of the Central Virginia Waste Management Authority; and WHEREAS, Mr. Howell's dedication, loyalty, and involvement has been of such magnitude it has brought credit not only upon himself and his family, but Chesterfield County and the metropolitan area as well. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mr. William H. Howell and extends their appreciation for over 16 years of dedicated service to the County, their congratulations upon his retirement, and their best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED, that a copy of this resolution ~e appropriately prepared and presented to Mr. Howell and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. 005 Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA July 27, 1994 Item Number: Page _l_of_ Sabject: Work sesSion on Solid Waste Management County Administrator's Comments! CountyAdministrator: Bo ar dAction Requested:, Hold a work session on Solid Waste Management Summary of Information: This item requests the Board to hold a work session on Solid Waste Management on July 27, 1994. Prepa lrector ~/ ~i~liam H./H~611 of General Services # O06 Attachments: Yes ~ No UPDATE ON SOLID WASTE INITIATIVES Solid Waste Committee A. Review of integrated solid waste collection alternatives 1. Laize Faire (Current System) More strict licensing of waste haulers in the County Divide the County into various collection districts and allow the waste haulers to bid on servicing those districts Subdivision by subdivision service - waste hauler to be determined by the subdivision homeowner's association 5. Municipal collection by contracting entire County 6. One bid franchise for the entire County B. Recommendation of committee concerning collection alternatives C. Long-range goals of the Solid Waste Committee Northern Area Transfer Station (formerly Northern Area Landfill B. C. D. Closure Methane Extraction New Disposal Area Park Complex Development Bon Air Landfill Remediation Update on Plans Scope of Work to be completed Curbside recycling program OO7 Long-term Contracts ke Northern Area Transfer Station Southern Area Transfer Station Curbside Recycling Program Curbside Recycling Program Program Expansion New Materials to be Recycled Update on Program thus far Tire Recycling A. New Opportunity through the CVWMA B. Details of Program Household Hazardous Waste Collection A. New Program through the CVWMA B. Update on our Quarterly Program for herbicides, etc. OOS CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: July 27, 1994 Item Number: Page i of 2 Subject: DEFERRED NO~INATIONS/APPOINTMENTS Boards and. Committees with Terms June 30, 1994 Expiring Through County Administrator's Comments: CountyAdministrator: BoardAction Requested: Summary ofl nformafion: Consideration of nominations for members to serve on the following committees were deferred from the Board meeting on June 22, 1994. Under the existing Rules of Procedure, appointments to boards and committees are nominated at one meeting and appointed at the subsequent meeting unless rules are suspended by a unanimous vote of the Board. Nominees are voted on in the order in which they are nominated. See attached. Preparer: ~J~J~ ~j 7~ i', '~'~-~ Theresa M. Pitts Attachments: ~Yes No Title: Clerk to Board of Supervisors # 054 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page : of 2 Summary of Information: (Continued) CITIZENS TRANSPORTATION ADVISORY COMMITTEE One alternate member, representing the County at large. The Committee is currently changing membership requirements which may affect the status of alternates serving on this Committee, therefore, staff requests the Board defer this nomination until such time as the changes are completed. YOUTH SERVICES CITIZEN BOARD Matoaca District Mr. Duane Brickhouse, representing Matoaca High School Mr. Ryan Teten, representing Manchester High School Mr. Brickhouse is ineligible for reappointment and staff recommends Miss Melanie Stewart to represent Matoaca High School. Mr. Teten has expressed a desire to continue serving. Terms would be effective immediately and expire June 30, 1995. # 055 Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Item Number: Page 1 of 1 Subject: Appointment of Lieutenant Brian D. Riffe as an Assistant Fire Marshal pursuant to Section 27-36 of the Code of Virginia and removal of Lieutenant Jeffrey A. Howe as Assistant Fire Marshal. Count~ Administrator's Comments: County Administrator: BoardAction Requested: Request that the board appoint Lieutenant Brian Riffe as Assistant Fire Marshal pursuant to Sections 27-36 of the Code of Virginia and remove Lieutenant Jeffrey A. Howe as Assistant Fire Marshal. The code designates the governing body as the authority to appoint assistant fire marshals to do the duties of the fire marshal in his absence. Summary of Infor marion: This action will allow Lieutenant Riffe to exercise the authority to issue summons for fire prevention code violations granted by Section 9.1-8, "Authority of Fire Marshal and Assistant Fire Marshals" of the Code of the County of Chesterfield. Lieutenant Riffe has satisfactorily completed the required training course designed specifically for local fire marshals by the Commonwealth of Virginia. This appointment will greatly enhance his effectiveness as a fire safety inspector. Lieutenant Jeffrey A. Howe no longer holds a position appropriate for retention of the appointment as Assistant Fire Marshal. Preparer: ~ober~ L'. Eane~ Attachments: Y~s ~ No Title: Chief of Fire Department I# 056 person has satisfactorily completed a course ~or fire marshals with police ~powers, designed by the Department of Fire Programs in cooperation with the Department of Criminal Justice Services, which course shall be approved by the Virginia Fire Services Board. In addition, fire marshals with police powers shall continue to exercise those powers only upon satisfactory participation in in-service and advanced courses and programs designed by the Department of Fire Programs in cooperation with the Department of Criminal Justice Services, which courses shall be approved by the Virginia Fire Services Board. § 27-34.3. Power to order immediate compliance with law, etc., or prohibit use of building or equipment.--The local fire marshal shall, if authorized by the governing body of the county, city or town appointing him, have the authority to exercise the powers authorized by the Fire Prevention Code. However, an order prohibiting the use of a building or equipment - issued pursuant to this section shall not be effective beyond the date of a determination made by the authorities identified in and pursuant to § 27-97, regardless of whether or not said determination overrules, modifies or affirms the order of the local fire marshal. If an order of the local fire marshal issued pursuant to this section conflicts to any degree with an order previously issued by an authority identified in and pursuant to § 27-97, the latter order shall prevail. The local fire marshal shall immediately report to the authorities identified in § 27-97 on the issuance and content of any order issued pursuant to this section. § 27-34.4. Inspection and review of plans of buildings under construction.--Inspection of buildings other than state-owned buildings under construction and the review and approval of building plans for these structures for enforcement of the Uniform Statewide Building Code shall be the sole responsibility of the appropriate local building inspectors. Upon completion of such structures, responsibility for fire safety protection shall pass to the local fire marshal or official designated by the locality to enforce the Statewide Fire Prevention Code (§ 27-94 et seq.) in' those localities which enforce the Statewide Fire Prevention Code. § 27-35. Penalty for failure to discharge duty.--For his failure to discharge any duty required of him by law the fire marshal shall be liable for each offense to a fine not exceeding $100, to be imposed by the governing body and to be collected as other fines are collected. § 27-36. Appointment, powers and duties of assistant fire marshals.--The governing body of any county, city or town may appoint one or more assistants, who, in the absence of the fire marshal, shall have the powers and perform the duties of the fire marshal. 79 FIRE PROTECTION §9.1-10 shall not excuse the violation or permit it to con- tinue, and each day that such violation continues shall constitute a separate offense. (b) In addition to the penalties specified in sub- section (a), the chief of the fire department or his duly authorized representative may invoke any other lawful procedure, such as injunction, abate- ment, or otherwise, as may be necessary to pre- vent, restrain, correct or abate any violation of this chapter. (2-9-83, § 2; 4-27-88; 9-25-91, § 3) Sec. 9.1-8. Authority of fire marshal and as- sistant fire marshals. The county fire marshal or his assistants, ap- pointed pursuant to Code of Virginia, section 27-36 shall have the authority to arrest, to procure and serve warrants and to issue summonses in the manner authorized by general law for violations of this chapter and of all fire safety, fire preven- tion and related ordinances, as permitted by Code of Virginia, section 27-34.2. (2-9-83, § 2; 4-27-88) Sec. 9.1-8.1. Right of entry to investigate re- leases of hazardous materials, hazardous waste, or regulated substances. The fire official shall have the right to enter upon any property from which a release of any hazardous materials, hazardous waste, or regu- lated substance, as defined by state law, has oc- curred or is reasonably suspected to have occurred and which has entered into the groundwater, sur- face water or soils of the county, in order to in- vestigate the extent and cause of any such re- lease. If, in undertaking such an investigation, the fire official makes an affidavit under oath that the origin or cause of any such release is undeter- mined and that he has been refused admittance to the property, or is unable to gain permission to enter the property, any magistrate of the county may issue an investigation warrant to the fire official authorizing him to enter such property for the purpose of determining the origin and source of the release. If the fire official, after gaining access to any property pursuant to such investi- gation warrant, has probable cause to believe that the release was caused by any act constituting a criminal offense, he shall discontinue the investi- gation until a search warrant has been obtained or consent to conduct the search has otherwise been given. (10-28-92, § 1) Sec. 9.1-9. Severability. If any provision of this chapter or any applica- tion thereof to any person or circumstances is held invalid, such invalidity shall not affect other pro- visions of applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. (2-9-83, § 2) ARTICLE II. SMOKE DETECTORS IN HOTELS AND MOTELS* Sec. 9.1.10. Required. Pursuant to the authority set forth in Code of Virginia, section 15.1-29.9, smoke detectors shall be installed in (i) each building containing one (1) or more dwelling units which are rented or leased; (ii) each room intended or used for overnight oc- cupancy in all hotels or motels regularly used, offered for or intended to be used to provide over- night sleeping accommodations to one (1) or more persons; and (iii) rooming houses regularly used, offered for, or intended to be used to provide over- night sleeping accommodations. (a) Smoke detectors shall mean mechanical de- vices po~vered by batteries or alternating current capable of sounding an audible alarm upon sensing visible or invisible products of combustion, meeting the specifications set forth by Underwrit- ers' Laboratories for single-station smoke detec- tors. *Editor's note-Section 1 of an ordinance adopted May 27, 1987, amended article II by amending §§ 9.1-10-9.1-10.4 and adding § 9.1-10.5. Section 2 of the ordinance provided that such amendments become effective 1 year after passage. Meeting Date: July 27, 1994 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Item Number: Page Z o f_~_~ Subject: Streetlight Replacement Approval County Administrator's Comments: CountyAdministrator: BoardAction Requested: This item requests Board approval of the replacement of 26 streetlights in the Rivers Bend Development of the Bermuda District. Summary of Information: BACKGROUND: Pioneer Properties III, Inc., developer of Rivers Bend, has requested that the 26 colonial style streetlights currently installed there be replaced by 26 acorn style streetlights on fluted fiberglass poles. Pioneer Properties III, Inc. has further agreed to bear the $13,196.81 cost of this replacement project if approved by the County. The existing 26 colonial style streetlights cost the County $9.24 per month each for electrical services. This is the minimum charge for an 8000 lumen streetlight. The acorn style lights would each have a monthly charge of $19.06, a increase of $9.82 per light per month. The replacement of these lights will increase yearly operating costs for streetlights by $3,064, constituting a 2 percent increase in electrical services charges. Pioneer Properties has estimated that they will have a future requirement to install an additional 17 acorn style lights in this development. While the installation costs would be born by Pioneer Properties under the New Development Streetlights Program, over time these installations will result in $9,830 per year in service costs for 43 acorn style streetlights compared to $4,768 for 43 standard style streetlights. Preparer: CONTINUED NEXT PAGE " Title: ~.,,; Richard M. McElfish, P.E. ['-'~ Yes 0.59 Attachments: No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page ~ of~ Summar~ of Information: (Continued) BERMUDA DISTRICT: * Replacement of 26 Colonial Style streetlights with 26 Acorn Style streetlights. Cost to Chesterfield County to Replace Streetlights: $ 0.00 (Developer paid replacement) Additional cost of electrical service County resulting from replacement: $3,064 per year. 060 Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA July 27, 1994 ltemNumber: Page i of i 8.C.5. Subject: Amendment to Moral Obligation Agreement Between the County of Chesterfield' and the Richmond Metropolitan Authority (RMA) for Refinancing Bonds for the Diamond County Administrator's Comments: CountyAdministrator: BoardAcfion Requested: Approval of Amendment to Moral Obligation Agreement with RMA. Summaryoflnformation: The RMA is proposing to refinance the Series 1984 Bonds issued to finance the Diamond. In connection with the 1984 issue, the County entered into a Moral Obligation agreement with the RMA. The proposed refunding will save approximately $926,000 on the life of the Bonds. Chesterfield's allocation of the savings is estimated at about $309,000 on the life of the Bonds. While the savings will be spread over the next ten years, the actual amount of savings per year cannot be determined until after the sale. Preparer:~ /~~L4~~Title: Deputy County Administrator for Bradford S. Hammer Management Serviv,~.,~ # :l. OS Attachments: Yesr'-'-]l I No THIS AGREEMENT, made this sixth day of July 1994, by and among the City of Richmond ("Richmond"), the County of Henrico ("Henrico"), the County of Chesterfield ("Chesterfield") (Richmond, Henrico and Chesterfield being political subdivisions of the Commonwealth of Virginia and being hereinafter sometimes referred to as the "Localities" and the Richmond Metropolitan Authority, a political subdivision of the Commonwealth of Virginia ("RMA"). WITNESSETH: WHEREAS, by Agreement entered into August 31, 1984 ("the Moral Obligation Agreement"), by and among the Localities and RMA, the Localities entered into a non-binding, but moral obligation to assist RMA, on the terms and conditions set forth in the Moral Obligation Agreement, with respect to the ownership, operation, maintenance and improvement of the Stadium and the payment of the RMA's Stadium Bonds issued in connection therewith (all terms not defined herein being defined in the Moral Obligation Agreement); and WHEREAS, the RMA desires to issue bonds to refund the Stadium Bonds to reduce the debt service associated therewith, thereby lessening the amount payable pursuant to the moral obligations of the localities; and WHEREAS, there will be no Letter of Credit associated with such refunding bonds. 109 NOW, THEREFORE, for and in consideration of the premises and the mutual benefit to be derived therefrom and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agrees as follows: References in the Moral Obligation Agreement to Stadium Bonds shall be deemed to include bonds issued by RMA to refund Stadium Bonds. References in the Moral obligation Agreement to the Letter of Credit Bank and the Stadium Bonds Reimbursement Agreement are hereby deleted. IN WITNESS THEREOF, the County of Chesterfield has caused its name to be subscribed hereunto by its County Administrator, and its seal to be affixed and attested by its Deputy Clerk of the Board of Supervisors, they being duly authorized so to do by Resolution adopted by the Board of Supervisors of Chesterfield, on the day of , 1994. ATTEST: [SEAL] By COUNTY OF CHESTERFIELD By County Administrator ATTEST: [SEAL] By RICHMOND METROPOLITAN AUTHORITY By G~neral Manager 110 Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA July 27, 1994 Item Number: Page 3_ of 1 8.C.l.a. Subject: Approval of Articles of Incorporation for Development, Inc. Count}/Administrator's Comments: the Public-Private Partnership for Economic CountyAdministrator: BoardAction Requested: Summary of Information: On Wednesday, July 13th, the Public-Private Partnership for Economic Development ("Partnership") was incorporated by the State Corporation Commission. The Partnership is composed of 5 members: Chesterfield, Henrico, Richmond and Hanover from the public sector and the Chamber of Commerce from the private sector. There is an eight member Board of Directors, four from the public sector and four from the private sector. Harry Daniel is Chesterfield's representative on the Board of Directors. The purpose'of the Partnership is to further economic development in the region and, with the private sector contribution, will have a budget twice the existing Metropolitan Economic Development Council budget. MEDC will merge with the Partnership and transfer its assets to the new entity. Hanover, Richmond and Henrico have already approved the Articles of Incorporation. For Chesterfield County to join the Partnership, the Board must approve the attached Articles of Incorporation. Preparer: ~~~-~ Title: Steven L. Micas Attachments: Yes ~ No County Attorney 0800:7159.1(7051.9) 061 ARTICLES OF INCORPORATION OF PUBLIC-PRIVATE PARTNERSHIP FOR ECONOMIC DEVELOPMENT, INC. ARTICLE I NAME The name of the corporation is Public-Private Partnership for Economic Development, Inc., hereinafter referred to as the "Corporation." ARTICLE II PURPOSES The primary purpose of the Corporation is to promote the economic development of the Richmond Metropolitan Area in order to develop a broader tax base, provide more employment opportunities and improve the standard of living through the cooperative efforts of all of the Members, as defined in the Bylaws of the Corporation. More specifically, the purposes of the Corporation arc (i) to attract new businesses and industries to locate within the participating jurisdictions of the Corporation, (ii) to retain existing businesses and industries within the participating jurisdictions of the Corporation, and (iii) to facilitate .the location of new businesses and industries and the expansion and redevelopment of existing businesses and industries within the participating jurisdictions in all appropriate ways, including, but not limited to, coordinating and assisting the economic development activities of the participating jurisdictions, serving as a source of information and technical expertise, and providing assistance in arranging for financing for new and existing businesses and industries. 0800:7051.9 -1- ARTICLE III ORGANIZATION AND OPERATION Pursuant to Sec. 501(c)(6) of the Internal Revenue Code of 1986, as amended, from time to time (the "Code"), or the corresponding provision of any subsequent federal tax law, the Corporation is formed to promote a common business interest in the economic and industrial development of the entire Richmond Metropolitan Area. The Corporation is not organized for profit and any such activities shall be an insubstantial part of the Corporation's activities. No part of the net earnings of the Corporation shall inure to the benefit of any Member or individual, except that the Corporation shall be empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes of an organization qualified as exempt under Code Section 501(c)(6). The Corporation shall not participate in or intervene in (including the publishing or distributing of statements) any political campaign on behalf of any candidate for public office or any other activity which is not deemed to be an "exempt purpose" under Code Section 501(c)(6). ARTICLE IV DISSOLUTION In the event action is taken to dissolve the Corporation prior to June 30, 1997, all assets up to the initial equity contribution from the Metropolitan Economic Development Corporation shall be distributed to the City of Richmond and the counties of Chesterfield, Hanover and Henrico in accordance with the ratio of each jurisdiction's fiscal 1993-1994 contribution to the Metropolitan Economic Development Council to the total of such contributions. In any subsequent dissolution, assets will be distributed 50% to .the 0800:7051.9 -2- 063 Metropolitan Richmond Chamber of Commerce (the "Metro Chamber"), so long as it remains exempt under Code Section 501(c)(6), or such organizations exempt under Code Section 501(c)(6) at the time as the Metro Chamber's Board of Directors may designate, and 50% to the local government Members at the time. The local government Members' share will be divided equally among the then existing local government Members. ARTICLE V MEMBERS The Corporation shall be composed of Members as defined in the Bylaws. ARTICLE VI DIRECTORS The number and qualifications for directors of the Corporation shall be fixed in the Bylaws. The directors shall be appointed by the Members. ARTICLE VII REGISTERED OFFICE AND REGISTERED AGENT The address of the initial registered office of the Corporation, which is located in the City of Richmond, Virginia, is 2509 E. Broad Street, Richmond, Virginia 25225. The initial registered agent of the Corporation is Roger L. Gregory who is a resident of Virginia, and a member of the Virginia State Bar and whose business address is identical with the Corporation's initial registered office. 0800:7051.9 -3- · 084 ARTICLE VIII LIMIT ON LIABILITY AND INDEMNIFICATION 8.1 Definitions. For purposes of this Article the following definitions shall apply: (a) "Corporation" means this Corporation only and no predecessor entity or other legal entity; (b) "Expenses" include counsel fees, expert witness fees, and costs of investigation, litigation and appeal, as well as any amount expended in asserting a claim for indemnification; (c) "Liability" means the obligation to pay a judgment, settlement, penalty, fine or other such obligation, including, without limitation, any excise tax assessed with respect to any employee benefit plan, or under the Code rules applicable to exempt organizations; (d) "Legal Entity" means a corporation, partnership, joint venture, trust, employee benefit plan or other enterprise; (e) "Predecessor Entity" means a legal entity the existence of which ceased upon its acquisition by the Corporation in a merger or otherwise; and (f) "Proceeding" means any threatened, pending, or completed action, suit, proceeding or appeal whether civil, criminal, administrative or investigative and whether formal or informal. 8.2 Limit on Liability. In every instance in which the Virginia Nonstock Corporation Act, as it exists on the date hereof or may hereafter be amended, permits the limitation or elimination of liability of directors or officers or a corporation to the 0800:7051.9 -4- ..., 0(55 corporation or its Members, the directors and officers of the Corporation shall not be liable to the Corporation or its Members. 8.3 Indemnification of Directors and Officers. The Corporation shall indemnify any ind/vidual who is, was or is threatened to be made a party to a proceeding (including a proceeding by or in the right of the Corporation or by or on behalf of its Members) because such individual is or was a director or officer of the Corporation or because such individual is or was serving the Corporation, or any other legal entity in any capacity at the request of the Corporation while a director or officer of the Corporation, against all liabilities and reasonable expenses incurred in the proceeding except such liabilities and expenses as are incurred because of such individual's willful misconduct or knowing violation of the criminal law. Service as a director or officer of a legal entity controlled by the Corporation shall be deemed service at the request of the Corporation. The determination that indemnification under this Section 8.3 is permissible and the evaluation as to the reasonableness of expenses in a specific case shall be made, in the case of a director, as provided by law, and in the case of an officer, as provided in Section 8.4 of this Article; provided, however, that if a majority of the directors of the Corporation has changed after the date of the alleged conduct giving rise to a claim for indemnification, such determination and evaluation shall, at the option of the person claiming inderrmification, be made by special legal counsel agreed upon by the Board of Directors and such person. Unless a determination has been made that indemnification is not permissible, the Corporation shall make advances and reimbursements for reasonable expenses incurred by a director or officer in a proceeding upon receipt of an undertaking from such director or officer is not entitled 0800:7051.9 -5- 066 to indemnification. Such undertaking shall be an unlimited, unsecured general obligation of the director or officer and shall be accepted without reference to such director's or officer's ability to make repayment. The termination of a proceeding by judgment, order, settlement, conviction, or upon a plea or of nolo contendere or its equivalent shall not of itself create a presumption that a director or officer acted in such a manner as to make such director or officer ineligible for indemnification. The Corporation is authorized to contract in advance to indemnify and make advances and reimbursements for expenses to any of its directors or officers to the same extent provided in this Section 8.3. 8.4 Indemnification of Others. The Corporation may, to a lesser extent or the same extent that it is required to provide indemnification and make advances and reimbursements for expenses to its directors and officers pursuant to Section 8.3, provide indemnification and make advances and reimbursements for expenses to its employees and agents, the directors, officers, employees and agents of its subsidiaries and predecessor entities, and any person serving any other legal entity in any capacity at the request of the Corporation, and may contract in advance to do so. The determination that indemnification under this Section 8.4 is permissible, the authorization of such indemnification and the evaluation as to the reasonableness of expenses in a specific case shall be made as authorized from time to time by general or specific action of the Board of Directors, which action may be taken before or after a claim for indemnification is made, or as otherwise provided be law. No person's rights under Section 8.3 of this Article shall be limited by the provisions of this Section 8.4. Nothing provided for herein shall be construed to be a waiver of applicable constitutional, statutory and common law immunities. 0800:7051.9 -6- 067 8.5 Miscellaneous. The rights of each person entitled to indemnification under this Article shall inure to the benefit of such person's heirs, executors and administrators. Special legal counsel selected to make determinations under this Article may be counsel for the Corporation. Indemnification pursuant to this Article shall not be exclusive of any other right of indemnification to which any person may be entitled, including indemnification pursuant to a valid contract or indenmification under policies of insurance purchased and maintained by the Corporation or others. However, no person shall be entitled to indemnification by the Corporation to the extent such person is indemnified by another, including an insurer. The Corporation shall purchase and maintain insurance or provide self-insurance against any liability it may have under this Article or to protect any of the persons named above against any liability arising from their service to the Corporation or any other legal entity at the request of the Corporation regardless of the Corporation's power to indemnify against such liability. The provisions of this article shall not be deemed to preclude the Corporation from entering into contracts otherwise permitted by law with any individuals or legal entities, including those named above. If any provision of this Article or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the invalidity shall not affect other provisions or applications of this Article, and to this end the provisions of this Article are severable. 8.6. Application; Amendments. The provisions of this Article shall be applicable from and after adoption of this Article. No amendment, modification or repeal of this Article shall diminish the rights provided hereunder to any person arising from conduct or events occurring before the adoption of such amendment, modification or repeal. 0800:7051.9 -7- 8.7 Statutory Immunity_ for Local Government Appointees Members or representatives of local governments serving on the Board of Directors for the Corporation shall retain all applicable constitutional, statutory and common law immunities including but not limited to the protections afforded by § 15.1-7.01 of the Code of Virginia. By: By: Phyllis L. Cothran Incorporator Harry G. Daniel Incorporator, Chesterfield County 0800:7051.9 -8- 069 Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA July 27, 1994 Item Number: Page 1 of 1 8.C.2.a. Subject: Adoption of Resolution Supporting the U. S. Olympic Festival Held in the Richmond Area County Administrator's Comments: CountyAdministrator: C~ BoardAction Requested: Summary of Information: The CEO group has met and discussed the proposal for the Richmond area to host the U. S. Olympic Festival and, specifically, the need for additional sports facilities to accommodate the Festival. The Sportsbackers, the lead organization for the bid, have rallied significant support for attracting the Olympic Festival to our region. Earlier this month, approximately 140 people visited St. Louis to attend some of the opening events associated with the Festival. We believe that an event like this can have a very positive economic impact on the region. This resolution does not make any commitments for the Virginia Swimming and Diving Center, but expresses our intent to be a part of the project and requests that further study and analysis be completed for the project. Preparer: Attachments: Yes ~-~ No Title: I# 092 ADOPTION OF RESOLUTION SUPPORTING THE U. S. OLYMPIC FESTIVAL HELD IN THE RICHMOND AREA WHEREAS, the Metropolitan Richmond Sportsbackers have identified an opportunity for the Richmond region to bid on the 1997 or 1999 U. S. Olympic Festival; and WHEREAS, the event will generate attendance of over 400,000; create an economic impact of approximately $60 million; and leave a legacy of new world class sports facilities for citizens to enjoy; and WHEREAS, the event will bring unity to the metropolitan area by involving over 15,000 volunteers in a regional effort; and WHEREAS, the four Richmond area jurisdictions have supported efforts to bring the U. S. Olympic Festival to Richmond by adopting a resolution at the Regional Summit held on May 13, 1994; and WHEREAS, the Counties of Chesterfield, Hanover, and Henrico and the City of Richmond each have appropriated $10,000 towards the cost of bidding on the Festival; and WHEREAS, the metropolitan Richmond area can win the Olympic Festival bid only if major new sports facilities are constructed, including a track and field stadium and a swimming and diving center; and WHEREAS, the construction of such world class sports facilities will require the cooperative efforts of the four area jurisdictions as well as the Commonwealth of Virginia and the private sector; and WHEREAS, conceptual plans have been developed for constructing a major amateur sports complex at the Diamond; and WHEREAS, the Richmond Metropolitan Authority is a regional entity created by the State and governed by representatives of Richmond, Chesterfield, and Henrico, with the capability and authority to undertake regional sports facilities. NOW, THEREFORE BE IT RESOLVED, that the Counties of Chesterfield, Hanover, and Henrico and the City of Richmond hereby requests that the Richmond Metropolitan Authority prepare detailed cost estimates, a preliminary conceptual design, a detailed financing plan, and a project timetable by September 15, 1994, so that area jurisdictions may be able to make a final decision regarding construction of the Virginia Swimming and Diving Center in time for consideration by the U. S. Olympic Festival Site Selection Committee. Costs for such studies shall be paid by the Metropolitan Richmond Sportsbackers, Incorporated. 093 Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Ju].y 27~ 1994 ltemNumber: Page 1 of~_ 8.C.2.b. Subject: RESOLUTION TO DESIGNATE THE COUNTY'S TREASURER AS THE AGENT FOR CHESTERFIELD COUNTY, VIRGINIA County Administrator's Comments: CountyAdministrator:~ BoardAction Requested: The staff requests that the Board authorize the Treasurer to make application to the State of Virginia for reimbursement of expenses incurred by the County due to damages caused by the February 2-10, 1994, ice storm, accept and appropriate these funds when reimbursed, and adopt the following resolution. Summary of Information: The State of Virginia requires a resolution to designate an applicant's agent for Chesterfield County, Virginia to accept and appropriate reimbursement of expenses incurred due to damage caused by the ice storm in February 1994. Richard Cordle being Treasurer for Chesterfield County is requested to be accepted as Chesterfield's agent for this purpose. Preparer: Robert-~.x E4nes- Attachments: Y~s 6-16-94 [-] No Title: Fire Chief 094 RESOLUTION TO DESIGNATE THE APPLICANT'S AGENT FOR CHESTERFIELD COUNTY, VIRGINIA WHEREAS, as a result of the winter storm which occurred in Virginia during February 8 through 10, 1994, President Clinton has issued a major disaster declaration for the State of Virginia, to include Chesterfield County, and implemented the Public Assistance Program; and WHEREAS, Chesterfield County has applied for reimbursement in the amount of approximately $150,000 for federal disaster assistance; and WHEREAS, in order to receive the federal disaster assistance, the State of Virginia has requested Chesterfield County to designate an applicant's agent; and WHEREAS, the applicant's agent for Chesterfield County will be authorized to execute for and in behalf of Chesterfield County the application for federal disaster assistance and to file the application according to the regulations, policies, guidelines, and requirements outlined on FEMA Form 90-63, MAR 81; and WHEREAS, the applicant's agent will be authorized to accept and appropriate for and in behalf of Chesterfield County the funds for expenses incurred due to damage from the February, 1994, ice storm; and NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors on behalf of its members, designates Mr. Richard Cordle, County Treasurer, as the applicant's agent for Chesterfield County. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. 095 Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA July 27, 1994 Item Number: Page ~of 1 8.C.2.c. Subject: Resolution Recognizing Miss Laura Ludeke Upon Attaining the Gold Award Count}, Administrator's Comments: CountyAdministrator: BoardAction Requested: Summary oflnformation: Staff has received a request for the Board to adopt a resolution recognizing Miss Laura Ludeke (Clover Hill District), Troop 871, sponsored by Saint Mark's Methodist Church, upon attaining the Gold Award. Miss Ludeke is unable to be present at the meeting and will be attending college next month, therefore per her request, staff will forward the resolution to her. See attached. Preparer: Theresa M. Pitts Attachments: Yes No Title: Clerk to Board of Supervisors RECOGNIZING MISS LAURA LUDEKE UPON ATTAINING THE GOLD AWARD WHEREAS, the Girl Scouts of the United States of America is an organization serving over 2.6 million girls and was founded to promote citizenship training and personal development; and WHEREAS, after earning four interest project patches, the Career Exploration Pint the Senior Girl Scout Leadership Award, the Senior Girl Scout Challenge, and designing and implementing a Girl Scout Gold Award project; and WHEREAS, the Gold Award is the highest achievement award in Girl Scouting and symbolizes outstanding accomplishments in the areas of leadership, community service, career planning, and personal development; and WHEREAS, the Girl Scout Gold Award can only be earned by girls aged 14-17 or in grades 9-12 and is received by less than 6 percent of those individuals entering the Girl Scouting movement; and WHEREAS, Miss Laura Ludeke, Troop 871, sponsored by Saint Mark's United Methodist Church, has accomplished these high standards and has been honored with the Girl Scouts of the United States of America Gold Award by the Commonwealth Girl Scout Council of Virginia; and WHEREAS, growing through her experiences in Girl Scouting, learning the lessons of responsible citizenship, and priding herself on the great accomplishments of her County, Laura is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Miss Laura Ludeke and acknowledges the good fortune of the County to have such an outstanding young woman as one of its citizens. Meeting Date: July 27~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA 19 9 4 Item Number: Page~___.of 1 8.C.3. Subject: Reconfirm Resolutions and Special Recognitions from Board of Supervisors Meeting of June 22, 1994 County Administrator's Comments: CountyAdministrator: BoardAction Requested: Summary of Information: During Mr. Warren's absence on June 22, 1994, the Board adopted the following resolutions: Recognizing Mr. William V. Driskill upon His Retirement from the Police Department Recognizing Mrs. Dorothy B. Meldrum upon Her Retirement from the Electoral Board The resolutions should be reaffirmed as they included Mr. Warren's signature for ceremonial purposes. Preparer: ~ .~ ~.~ ~,~ ~ "/>?. ~ ~, £CZ~ Theresa M. Pitts Attachments: Y~s ~-~ No Title: Clerk to Board of Supervisors 09S RECOGNIZING CAPTAIN WILLIAM V. DRISKILL UPON HIS RETIREMENT WHEREAS, Captain William V. Driskill will retire from the Chesterfield County Police Department on July 1, 1994; and WHEREAS, Captain Driski11 has provided over 31 years of quality service to the citizens of Chesterfield County; and WHEREAS, Captain Driski11 has faithfully served the County in the capacity of Patrol officer, Sergeant, Lieutenant, and Captain; and WHEREAS, Captain Driskill has used his tremendous insight in human relations for the benefit of the Police Department and the County; and WHEREAS, Captain Driskill has, for many years, commanded the operations of the South District of the County and directly impacted the safety of the community by being instrumental in the implementation of the community policing effort, specifically in the Village of Ettrick and along the Jefferson Davis Corridor; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Captain Driskill's service. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Captain William V. Driskill and extends, on behalf of its members and the citizens of Chesterfield County, their appreciation for his service to the County. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be appropriately prepared and presented to Captain Driskill and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. RECOGNIZING MRS. DOROTHY BOWERS MELDRUM UPON HER RETIREMENT WHEREAS, Mrs. Dorothy Bowers Meldrum retired on June 18, 1994 after serving from 1971 to 1994 as Secretary of the Chesterfield County Electoral Board; and WHEREAS, Mrs. Meldrum has served as a member of the Virginia Electoral Board Association; and WHEREAS, Mrs. Meldrum was instrumental in establishing the Central Absentee Precinct for Chesterfield County; and WHEREAS, Mrs. Meldrum assisted in obtaining modern voting equipment for the County; and WHEREAS, Mrs. Meldrum's attention to detail in ascertaining the results of the elections to the State Board of Elections and to the governing body of Chesterfield County has earned her respect from those two bodies; and WHEREAS, Mrs. Meldrum's dedication and loyalty will be missed by the Registrar's Office and the Officers of Election at the precincts. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby recognizes Mrs. Dorothy Bowers Meldrum for her many years of dedicated service to the voters of Chesterfield County and wishes her well in her retirement. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be appropriately prepared and presented to Mrs. Meldrum and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. ,: 1.00 Meeting Date: SHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA July 27, 1994 Item Number: Page _z of., Subject: Approval of Proposed Financing Count}, Administrator's Comments: County Administrator: BoardAction Requested: The Capital Region Airport Commission has requested that member localities approve the issuance of bonds or other financial obligations of the Commission for the purpose of funding proposed expansions of the Airport. Approval by the Board of Supervisors is required by the Commission's enabling legislation and by the internal Revenue Code for tax exempt bonds. Summa~ of Information: The Board's approval of the plan does not constitute an endorsement of the creditworthiness of the project, does not create a moral obligation for the County to pay the obligations, and does not pledge the faith and credit of the County. The proposed obligations will be secured by revenues of the projects, passenger facility charges, or other Commission revenues. Therefore, the proposed financing will not directly impact the county's debt capacity. The financing will provide for expansion of the terminal building, parking facilities, extension of runways and taxiways, and other improvements outlined in the attached "Plan of Finance." The Commission held a public hearing on the "Plan of Finance" on July 15, 1994. The Board of Supervisors is not required to hold a public hearing on the Plan. The Commission has asked that the Board approve the attached resolution authorizing issuance of the obligations at this meeting in order to allow critical portions of the project to proceed. Preparer: /:~ / ~--. x /--, . -;d--:,--.'"/",~.,~a'.4':~ James ~L. Stegmaibr Attachn~ents: Yes ~'] No Title: Director of Budget and Management # ,): t01 Agenda~Airport.wp5 RESOLUTION OF THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY APPROVING THE PLAN OF FINANCING FOR THE CAPITAL REGION AIRPORT COMMISSION FOR THE PURPOSE OF FINANCING OR REFINANCING IMPROVEMENTS AND EXTENSIONS TO THE RICHMOND INTERNATIONAL AIRPORT WHEREAS, the Capital Region Airport Commission was created pursuant to the provisions of Chapter 380 of the Acts of Assembly of 1980, as amended (the "Enabling Act"), and owns and operates the Richmond International Airport (the "Airport"); and WHEREAS, in order to expand its facilities due to increasing passenger and cargo demand, the Commission desires to undertake any or all of the improvements, enlargements or replacements at the Airport (the "Project") and issue its bonds, notes or other obligations (the "Obligations") pursuant to a plan of finance, all as set forth in Exhibit A attached hereto; and WHEREAS, the Enabling Act requires that the governing body of each participating political subdivision of the Commission approve the maximum amount and general purposes of the issuance of indebtedness by the Commission; and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that, following a public hearing, the plan of finance for the issuance of exempt facilities bonds or notes be approved by certain elected public bodies in respect of the issuer of such bonds or notes, which in the case of the Commission includes the Board of Supervisors of the County of Chesterfield, Virginia (the "County"); and W-~EREAS, the plan of finance for the issuance of the Obligations for the Project was the subject of a public hearing by the Commission on July 15, 1994, pursuant to the provisions of Section 147(f) of the Code; and W~EREAS, the Commission has requested that the Board of Supervisors of the County approve the plan of finance for the issuance of the Obligations to finance or refinance any or all parts of the Project and their maximum amount, as required by the Enabling Act and by the Code; and W-~EREAS, it is in the best interests of the County to approve the Commission's plan of finance as set forth in Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: 1. The Board hereby approves the issuance of the Obligations by the Commission pursuant to the plan of finance for the Project, all as described in Exhibit A, and the general purposes thereof for the financing or refinancing of the Project, as required by the Enabling Act and by Section 147(f) of the Code. 2. The approval of the plan of finance for the issuance of the Obligations does not constitute an endorsement to prospective purchasers of the Obligations of the creditworthiness of the Project, the Airport or the Commission. As set forth in the plan of finance, the Obligations shall provide that neither the County nor the Commission shall be obligated to pay the Obligations or - 2 - the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor and from any other funds which may become available, and neither the faith or credit nor the taxing power of the Commonwealth, the County or the Commission shall be pledged thereto. 3. This resolution shall take effect immediately upon its adoption. ~4061. l CAPITAL REGION AIRPORT COMMISSION Exhibit A Airport Development Program PLAN OF FINANCE The Capital Region Airport Commission (the "Commission") was created by and pursuant to chapter 537 of the Acts of Assembly of 1975, as amended, and continued by Chapter 380 of the Acts of Assembly of 1980, as amended (the "Enabling Act") and is authorized to issue its bonds or other obligations for the purpose of financing, among other things, the cost of maintaining, enlarging and improving any of its facilities. The Commission is undertaking a capital expansion program (the "Airport Development Program") that presently consists of the following projects: The acquisition, construction and equipping of an expansion to the Commission's existing terminal building, such expansion to consist of an approximately 24,000 square feet expansion of Concourse "A" and the addition of approximately four gates and the expansion of the existing baggage claim area; The acquisition and renovation or construction and equipping of an office/administration building to consist of approximately 40,000 square feet and associated real estate; The renovation, expansion, conversion and equipping (including site work) of the current WADS hangar for air cargo purposes and for aircraft maintenance purposes; The acquisition and construction of additional parking facilities for approximately 2100 vehicles; The construction, reconstruction, relocation, extension or rehabilitation of the control tower; The construction, reconstruction, extension or rehabilitation of taxiways and runways; The purchase of air-rescue-fire fighting and snow removal equipment; The construction and reconstruction of drainage improvements; and The acquisition, construction or renovation of other functionally related and subordinate facilities. The Commission may also refund all or part of the outstanding principal balance of its $4,120,000 Airport Revenue Note (the "1984 Note"). The 1984 Note was issued December 12, 1984, to finance the acquisition, construction and equipping of improvements to the terminal building and related facilities. The present outstanding balance is approximately $1,648,000. The Airport Development Program will provide better airport services to the inhabitants of the Participating Political Subdivisions (as that term is defined in the Enabling Act), which presently consist of the City of Richmond and the Counties of Chesterfield, Hanover and Henrico. The Airport Development Program will promote the welfare, convenience and prosperity of the inhabitants of the Participating Political Subdivisions and the Commonwealth of Virginia, and the increase of their commerce. The Commission anticipates that it will finance or refinance all or a part of the Airport Development Program through the issuance of its bonds, notes or other obligations in an aggregate maximum amount now estimated not to exceed $80,000,000. As described further below, the Commission also contemplates that it may also issue bonds, notes or other obligations to refund any bonds, notes or other obligations issued to finance or refinance the Airport Development Program, also in an aggregate maximum amount now estimated not to exceed $80,000,000. Any such bonds, notes or other obligations and refunding bonds, notes or other obligations are together referred to in this plan of finance as "Obligations". Obligations for initial financing or refunding may be issued at different times in several series of different amounts, with the timing, amounts and number depending on the Commission's need for funds and the market conditions. The Commission expects that the first issuance of Obligations will occur no later than one year after the approval of the last Participating Political Subdivision to approve the issuance of the Obligations and the general purposes thereof and the last such issuance to occur no later than three years after the first issuance pursuant to the plan of finance. The Obligations may be issued on either a taxable or tax- exempt basis and may be secured by or payable (i) from the revenues of the Commission generally, (ii) exclusively from the income and revenues of the Airport Development Program or any part thereof, (iii) exclusively from the income and revenues of certain designated projects of the Airport Development Program, or (iv) from passenger facility charges approved by the Federal Aviation Administration and collected by or on behalf of the Commission. The Commission may additionally secure the Obligations by a pledge of any grant or contribution from a Participating Political Subdivision, the Commonwealth of Virginia - 2 - or any political subdivision, agency or instrumentality thereof, any federal agency or any unit, private corporation, copartnership, association, or individual, as such Participating Political Subdivision, or other entities may be authorized to make under general law or by a pledge of any income or revenues of the Commission, or where such mortgage has been approved by the Participating Political Subdivisions, a mortgage of any facilities of the Commission. The Commission may also obtain credit enhancement, such as bond insurance, to secure the Obligations, but it does not now contemplate that it will seek the moral obligation support of the Participating Political Subdivisions. The Obligations shall not be a debt of the Commonwealth of Virginia or any political subdivision thereof (including the Participating Political Subdivisions), other than the Commission, and neither the Commonwealth of Virginia nor any political subdivision thereof (including the Participating Political Subdivisions), other than the Commission, shall be liable thereon, nor shall such bonds be payable out of funds or properties other than those of the Commission. While the Airport Development Program likely will be financed ultimately through the issuance of the Commission's long term revenue bonds, the Commission anticipates that it will finance some or all of it initially through a short term credit facility, line of credit or bond anticipation notes. Accordingly, the plan of finance includes not only the issuance of bonds, note or other obligations in an aggregate amount now estimated not to exceed $80 million to finance the Airport Development Program, but also the issuance of refunding bonds, notes or other obligations, also in an aggregate amount now estimated not to exceed $80 million, to refinance indebtedness issued to finance or refinance the Airport Development Program. #93319.3 - 3 - Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA July 27, 1994 Item Number: Page 1 of~ 8.C.6. Subject: Consideration to appropriate from the Utility Inducement Fund an amount not to exceed $25,000 to pay for water and wastewater capital recovery charges to serve a parcel currently optioned by the County fronting Ruffin Mill Road and known as Tax Map Parcel #150-9-1-7. County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to authorize the use of the Utility Inducement Fund in an amount not to exceed $25,000 for water and wastewater capital recovery charges based on the need of water and wastewater meters (1 1/2 inch each) to serve tax map parcel #150-9-1-7. ,,,Summary of Information: The Department of Economic Development has been working with Hill Refrigeration, Inc. to locate a major manufacturing f:acility in Chesterfield County. The company plans to design and manufacture a new product line of refrigeration display cases from the proposed facility. To induce this company to locate to Chesterfield County the Board of Supervisors, at a regularly scheduled meeting on May 11, 1994, approved by unanimous vote to use Utility Inducement Funds for the extension of water to the property and to pay off sewer assessment and develop- ment district fees on 20 acres of tax map parcel #150-9-1-7. The purchase of Hill Refrigeration, Inc. by another refrigeration company has resulted in the need to approximately double the size of the originally proposed facility and significantly increase their initial employment projection. Staff Recommendation: As an inducement to capture the additional employment and investment, staff recommends that the Board of Supervisors appropriate from the Utility Inducement Fund an amount not to exceed $25,000 for water and wastewater capital recovery charges. Preparer: .~~'~/'/~ ~ ~~~-~ Title: / Gary R/1V[cLaren Director # ,;' 111 Attachments: [~ Yes CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of, 1 Meeting Date: July 27, 1994 AGENDA Item Number: 8.c. 7. Subject: Authorize the County Administrator to Execute the Police Mutual Aid Joint Aviation Agreement between Chesterfield County, Henrico County and the City of Richmond County Administrator's Comments: County Administrator: BoardAction Requested: Staff recommends that the County Administrator be authorized to execute the Police Mutual Aid $oint Aviation Agreement on behalf of the County. Summary of Information: Chesterfield County, Henrico County and the City of Richmond originally executed an agreement effective January 4, 1988 which created a joint Public Safety Aviation Unit. This agreement permitted all three jurisdictions to utilize two aircraft owned by Henrico for police surveillance purposes. On April 27, 1988, the Board approved an amendment to the agreement which added a third aircraft to the Aviation Unit. The third plane is jointly owned by all three jurisdictions. If the Board of Supervisors desires that the agreement continue in effect for the 1994-1995 fiscal year, it is necessary that the Board authorize the County Administrator to execute on behalf of the County an agreement substantially in the form of the attached agreement. The County Attorney has reviewed the attached agreement and approved it as to form. Preparer: ( .~i.,,~,~ . ~ Title: Attachments: Yes ~ No County Attorney llU3:TU26.1 POLICE MUTUAL AID JOINT AVIATION AGREEMENT This Agreement made this 1st day of July, 1994, between the County of Henrico, a political subdivision of the Commonwealth of Virginia ("Henrico"), the County of Chesterfield, a political subdivision of the Commonwealth of Virginia ("Chesterfield"), and the City of Richmond, ("Richmond"). WHEREAS, THE Henrico Division of Police owns'and operates two fixed wing aircraft, a Cessna 172 Skyhawk #N5337D and a Cessna 172 Skyhawk ~N2322E, which provide patrol, investigation, special operation, extradition and vice services to the Division; and WHEREAS, The Henrico Division of Police, the Richmond Bureau of Police and the Chesterfield Police Department jointly own and operate a third fixed wing aircraft, a Cessna 182-RG Skylane #N737GD, which provides patrol, investigation, special operation, extradition and vice services to all three jurisdictions. WHEREAS, Chesterfield and Richmond require, the occasional assistance of the Henrico Police personnel and aircraft; and WHEREAS, 15.1-131 e__t .seq. of the Code of Virginia, as amended, authorizes the governing bodies of political subdivisions to enter into Police Mutual Aid Agreements for cooperation in the furnishing of police services; and , 11 3 WHEREAS, the chief law enforcement officials of the Henrico Division of Police, the Chesterfield Police Department and the Richmond Bureau of Police agree that it would be beneficial to create a joint aviation unit, the purpose of which would be to support certain aerial law enforcement activities of both counties and the city; and WHEREAS, by this Agreement, Henrico, Chesterfield and Richmond are establishing the terms and conditions under which joint aviation services will be provided by the parties of this Agreement; NOW THEREFORE, WITNESSETH: For and in consideration of the monetary payments described herein together with the mutual benefits to be derived by Henrico, Chesterfield and Richmond from this Police Mutual Aid Joint Aviation Agreement, Henrico Chesterfield and Richmond hereby covenant and agree as follows: Upon execution of this Agreement, a joint aviation unit will be created by Henrico, Chesterfield and Richmond. The unit will consist of police officers from each jurisdiction and will be governed by an advisory group. The advisory group will consist of one uniformed operations commander or his designee from Henrico, One uniformed operations commander or his designee from Chesterfield, and one uniform operations commander or his designee from Richmond. The purpose of the advisory group is to. ensure that 114 the objectives of this Joint Agreement and of the Joint Aviation unit are met. A) Chesterfield will designate two full time police officer pilots for joint aviation unit assignments. All salaries, overtime, pensions, relief, disability, workers' compensation, and other benefits enjoyed by the Chesterfield officers shall extend to the services they perform under this Agreement. Each Chesterfield officer shall be paid his or her salary and benefits by Chesterfield, irrespective of when, where or for what purpose the officer provided services pursuant to this Agreement. B) Richmond will designate two full time police officer pilots for joint aviation unit assignments. All salaries, overtime, pensions, relief, disability, workers' compensation, and other benefits enjoyed by the Richmond officers shall extend to the services they perform under this Agreement. Each Richmond officer shall be paid his or her salary and benefits by Richmond, irrespective of when, where or for what purpose the officer provides services pursuant to this Agreement. C) Ail salaries, overtime, pensions, relief, disability, workers' compensation, and other benefits enjoyed by the Henrico officers shall extend to the services they perform under this Agreement. Each Henrico officer shall be paid his or her salary and benefits by Henrico, irrespective of when, where or for what purpose the officer provides services pursuant to this Agreement. 4-- A) The primary purpose of this Agreement is to provide Henrico, Chesterfield and Richmond with the joint benefits of an aerial unit, while providing for the sharing of the associated costs of the unit and equipment. B) ~he specific uses to which the joint aviation unit and aircraft may be put are: Routine patrol of all geographical areas within Henrico, Chesterfield and Richmond for the detection of actions or events requiring police service. (2) Responding to any calls of a type which may benefit from the presence of an aerial observation platform. The type of calls include, but are not limited to: (3) Assistance in surveillances criminal suspects. (a) suspected criminal activities with fleeing perpetrators or barricaded suspects; (b) lost persons in wooded areas, boaters in distress, and other similar instances; and (c) situations wherein aerial assistance will restore normal traffic flow. and/or the following of (4) Securing aerial photographs to be used for project planning, evidence, court preparation, and other similar uses. (5) The transportation of prisoners from or to other jurisdictions when it is determined by the advisory group to be economically feasible and legally permissible. (6) The transportation of members of the Henrico County Division of Police, the Chesterfield Police Department and the Richmond Bureau of Police from any jurisdiction to any other location for the purpose of conducting County or City related business provided, however, that use of the aviation unit aircraft is determined by the advisory group to be the most economically feasible mode of travel. The joint aviation unit shall not be used for tasks for which insurance coverage is not provided or for which coverage is excluded in the insurance policies referred to in ~ 14 of this Agreement. The officers assigned to the joint aviation unit shall adhere to all Henrico County policies and procedures specifically governing the operation of such unit. All conflicts concerning either the content or applicability of the aviation unit policies and 6 procedures will be resolved by the advisory group. In all other respects, the officers assigned to the unit shall adhere to the policies and procedures established by their respective jurisdictions. Conduct which requires disciplinary action against a joint aviation unit member shall be reported through the joint aviation unit channels and the advisory group to the appropriate official of the Henrico Division of Police, the Chesterfield Police Department or the Richmond Bureau of Police. Henrico will provide Federal Aviation Administration (F.A.A.) certified instruction at no charge to the Chesterfield and Richmond police officers assigned to the joint aviation unit. The assigned officers must complete, to the satisfaction of the F.A.A. certified flight instructor, all phases of the required flight training. During the term of this Agreement Chesterfield and Richmond shall, at their own expense, provide a compatible radio communications system for each of the aircraft assigned to the unit. Upon receipt of an invoice, Chesterfield and Richmond shall each periodically pay to Henrico one third of the joint aviation unit operating expenses beginning on the date of this Agreement and ending on June 30, 1995. The aggregate amount of Chesterfield's payment during this time period shall not exceed $60,000.00. The 118 7 aggregate amount of Richmond's payment during such time period shall not exceed $60,000.00. Irrespective of the percentage use of the aircraft by each of the jurisdictions, the operating expenses to be paid by Henrico, Chesterfield and Richmond shall be determined by summing the cost of each of the following items and dividing the resultant total cost by three: A. Aircraft maintenance and repair; B. Fuel; C. Oil; D. Charts and maps; E. Insurance; F. Hangar rent; G. Engine replacement cost; and H. Federal Aviation Administration (FAA) pilot certification. In the event of a partial termination as provided in paragraph 17, and notwithstanding the above, the remaining jurisdictions'shall share equally the joint aviation unit operating expenses. 119 10. 8 The services performed and expenditures made under this Agreement shall be deemed for public and governmental purposes. All members of the joint aviation unit shall have the same powers, rights, benefits, privileges and immunities in each jurisdiction. 11. The parties hereto, to the extent practicable, will share equally in the use of the joint aviation unit provided, however, that all non regular patrol use of the aircraft will be permitted through specific requests for use by the parties on an as needed and as available basis. Henrico shall retain title to and ownership of two of the aircraft used by the joint aviation unit, the Cessna 172 Skyhawk ~N5337D and the Cessna 172 Skyhawk ~N2322E. Henrico, Chesterfield and Richmond shall jointly own the third aircraft, the Cessna 182 RG Skylane ~N737GD. If this Agreement should be terminated as provided in paragraph 17, ownership of the third aircraft shall rest absolutely in the parties not terminating this Agreement. If, and when, there is no longer a Police Mutual Aid Joint Aviation Agreement in force between the parties or any combination of the parties, the third aircraft, unless another arrangement is agreed to by all the parties to this Agreement, shall: (1) be sold to a third party and the proceeds of the sale shall be disbursed in equal amounts to each party, or (2) be sold to one of the parties at the fair market value of the aircraft on the date when there is 1;80 9 no longer a Police Mutual Aid Joint Aviation Agreement in place between the parties or any combination of the parties. If the aircraft is sold to one of the parties, the purchasing party shall pay each of the other parties one-third (1/3) of the fair market value. In any event, if the third aircraft is ever sold, each of the parties shall receive one-third (1/3) of the net proceeds of the sale. 12. There shall be no liability to any of the parties to this Agreement for reimbursement from any of the other parties for injuries to police personnel or damage to police equipment caused by or arising out of acts taken pursuant to this Agreement. The parties shall have no liability to either of the others for injuries to equipment or personnel incurred when members of the unit are going to, operating in or returning from another jurisdiction. There shall further be no liability to any of the parties for any other cost associated with or arising out of the rendering of assistance pursuant to this Agreement and the operation of the joint aviation unit. 13. No party to this Agreement shall be liable to any other party hereto for any loss, damage, personal, injury or death to police personnel or, all other persons or equipment resulting from the performance of this Agreement, whether such loss, damage, personal injury or death occurs within or without the jurisdictional boundaries of Henrico, Chesterfield or Richmond. 14. Henrico, Chesterfield and Richmond each understand that an aircraft liability and property damage insurance policy, a copy of which is attached hereto as Exhibit A, concerning the joint aviation unit aircraft, is presently in effect. The parties hereto agree that the aircraft shall not be used for any purpose not authorized by or insured under Exhibit A or for any purpose excluded by such insurance policy. The parties hereto further agree that, in the event of cancellation of the above described insurance policy, this Agreement shall terminate upon the effective date of such .cancellation. 15. Ail persons serving under this Agreement, including members of the joint aviation unit, shall not become involved with police or law enforcement matters outside of their respective jurisdictions other than those matters clearly pertaining to the joint aviation unit operations and permitted by this Agreement. 16. 17. This Agreement shall remain in effect through and including June 30, 1995. This Agreement may be terminated at any time by either the Chief of the Henrico County Division of Police, the Chief of the Chesterfield Police Department or the Chief of the Richmond Bureau of Police. Termination shall be effective sixty (60) days after delivery of a written notice by the Chief of Police of the terminating jurisdiction to each of the Chiefs of the remaining jurisdictions. If such action is taken by the Chief of the Henrico County Division of Police, there shall be a complete termination of this Agreement. If such action is taken by one of the other Chiefs, there shall be only a partial termination of the Agreement, and the remaining two jurisdictions shall continue to constitute the unit. In the event of a complete termination engendered by the withdrawal of Henrico from the unit, Richmond and Chesterfield, within forty five (45) days of the delivery of the notice of termination, may enter into a Police Mutual Aid Joint Aviation Agreement between these two jurisdictions (and only these two jurisdictions)-to commence upon the termination of this Agreement. Under such a circumstance, ownership of the third aircraft shall rest absolutely in Richmond and Chesterfield while their Police Mutual Aid Joint Aviation Agreement remains in place. In the event of a partial termination engendered by the withdrawal of Richmond or Chesterfield, this Agreement shall remain in force for the remainder of its term. Further, the remaining parties to the Agreement may renegotiate and enter into subsequent Police Mutual Aid Joint Aviation Agreements and ownership of the third aircraft shall rest absolutely in these jurisdictions while any Police Mutual Aid Joint Aviation Agreement between these parties remains in force. In the event of a partial or complete termination, the pro rate share of all expenses accrued through the effective date of such termination, upon receipt of an invoice, shall be paid promptly to Henrico. 18. The parties to this Agreement recognize that they are each fully capable of independently providing police aviation services to adequately serve their respective jurisdictions and political subdivisions. The governing bodies of the parties to this Agreement each agree that this Agreement shall neither be used against each of the counties in any future annexation proceedings nor shall any cooperative undertaking arising out of this Agreement be used against each of the counties in any future annexation proceedings. This cooperative Agreement is entered into in furtherance of the policies set forth in 15.1-1041(bl) (v) of the Code of Virginia, 1950, as amended, and shall be without prejudice to either of the counties. IN WITNESS WHEREOF, the County of Henrico, Virginia through the Chief of the DivisiOn of Police, the County of Chesterfield, Virginia through the County Administrator, and the City of Richmond through the Chief of Police have executed this Police Mutual Aid Joint Aviation Agreement pursuant to the signatory authority granted by their respective governing bodies. 13 Agproved as to form: Ass~tant County Attorney COUNT O I Ot ,VIRGINIA By Colonel R. ~,: Engels Chief of Pdiioe County Attoz~ney '~' COUNTY OF CHESTER,.~ELD, VIRGINIA Lane B. Ramsey ~ County Administrator CITY OF RICHMOND, VIRGINIA By, Colonel Marty M. Taps¢ott Chief of Police Approved as to form: Assistant City Attorney Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS July 27, 1994 AGENDA Item Number: Page 8.C.$. ,Subject: Part H Federal Funds ,County Administrator's Comments: CountyAdministrator: BoardAction Requested: Approve Chesterfield Interagency Coordinating Council applying annually for Part H federal funding for services to developmentally delayed infants and appropriate the $113,900 in Part H funding now being applied for. Summary of Information: The Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services (VDMHMRSAS) requires the Chesterfield Interagency Coordinating Council, through its fiscal agent, the Chesterfield Community Services Board, to apply for Part H federal funding for services to developmentally delayed infants. This is a continuing program in which the Council has participated since the 1990- 91 fiscal year. The Council is applying for $113,887.23 for the period of October 1, 1994 through September 30, 1995. Burt H. Lowe, Ph.D. ~Yes Title: Director, MH/MR/SA Attachments: No Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS July 27, 1994 AGENDA Item Number: Page ~L of, 3 8.C.9. Subject: Economic Market Analysis and Strategy for Central Area Plan County Administrator's Comments: Coun~Administmtor:._~~ BoardAcfion Requested: Authorize $38,000 to retain an Economic Market Consultant and provide staff support to develop the economic analysis and strategy. Summary of Information: The purpose of this proposed market analysis is twofold: 1) to include more detailed economic analysis as part of the Planning Department's current update of the 1986 Central Area Plan, and 2) provide valuable information about market trends to existing and potential future businesses in the area. As part of the Central Area planning process, to date, thirteen community meetings have been held in the study area. Although a variety of issues and concerns were discussed at the meetings, one prominent issue raised by citizens and businesses in the study area centers on the current, as well as the future, economic vitality of the Central Chesterfield County. Identified concerns include changing demographics, vacant and underused land along the Rt. 10 Corridor, the development potential of land surrounding the County's airport, the redevelopment of older commercial centers, the long term impact of vacant commercial buildings on commercial centers and surrounding residential areas, and the possible adaptive reuse of older, existing commercial and non- residential structures such as vacant churches. Preparer: ~ Title: Attachments: Yes ~ No Director of Planning CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page : of 3 Summary of Information: (Continued) Scope, Cost Estimates and Scheduling The scope of the Central Area Market Analysis would be similar to the analysis recently completed in conjunction with the pending Route 360 Corridor Study, and would include a demand analysis and general recommendations for future residential, office, retail and industrial development. Planning Department project scheduling originally called for a draft of the Central Area Plan to be reviewed by the Planning Commission this fall. Assuming six months for preparation of the proposed market analysis, completion of the draft plan would be delayed until the spring of 1995 in order to include necessary findings and recommendations. The total cost of the study is estimated by Planning Department Staff to be $38,000. These funds will be used to hire an Economic Consultant to prepare the analysis and implementation strategy, printing of documents, marketing brochures and related staff data collection and other support tasks. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page, z of z Summary of Information: (Continued) BUDGET & MANAGEMENT COMMENTS: If the Board of Supervisors approves this item, the fund balance for General Fund is a possible source to cover the cost. The adopted ending fund balance for FY95 is $21,830,900. James J. l~.. Stegm~ier Director of Budget & Management Central Area Plan Existing Generalized Land Use CITY OF RICHMOND RT, 150 RT. 288 Residential Commercial Industrial Public/Semi-Public North Arrow Prepared by the Chesterfield County Planning Department July, 1994 Ff~ lO OLD BERMUDA HUNDRED Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA July 27, 1994 Item Number: Page 1 of ~ RF.P LACF~_FNT 8.C.10. Subject:, Buy out of Trailer Leases Administrator's Comments: County Administrator: BoardAction Requested: Transfer $280,964 from the ClP Reserve for School Projects to the School Capital Project Fund for the purchase in FY95, of one hundred twenty-five (125) trailers currently under lease. Summary of Information: The School Board has requested authorization to use $280,964 from the CIP Reserve to fund the purchase, in FY95, of one hundred twenty-five (125) trailers currently under lease. Repayment of this amount to the CIP Reserve will be made on July 1, 1995 from operating funds designated in previous years for trailer leases. Pertinent information and evaluation/analysis of various alternatives is attached. According to school staff, this proposed alternative is expected to save $258,000 over the next three years when compared to the current method for securing temporary classroom space. If approved, the available balance in the school CIP Reserve will be $466,296 (this available balance is net of the $1.58 million designation for John Tyler Community College). Preparer: ~d/~ames i J//. L. Stegmaier Attachments: [--~ Yes No Title: Director of Budget and Management B022.wp5/ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: July 27, 1994 Item Number: Page 1 of,2 8.C.11.a. Subject: Appropriation for Construction of a Fence Along Robious Road at James River West Subdivision Count}, Administrator's Comments: CountyAdministrator: ~ BoardAction Requested: The Board is requested to appropriate $10,000 for the construction of a fence along Robious Road at James River West Subdivision. Summary of Information: BACKGROUND: Mr. Barber has received a request from the James River West Homeowners' Association to pay one half of the $29,497 cost to install a fence along Robious Road at the James River West Subdivision. Robious Road was recently reconstructed as part of the James River School complex project. The fence will help reduce the impact of the reconstruction on James River West. Mr. Barber has recommended the County provide $10,000 toward the construction of the fence. RECOMMENDATION: If the Board wishes to have the fence constructed, $10,000 should be appropriated from the Midlothian Three Cent Road Fund for the construction of the fence. Preparer: /~~~~ .... Title: R.J. McCracken Attachments: Yes ~-] No Director of Transportation 134 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Summary of Information: (Continued) Budget and Manaqement Comments: Funds in the amount of $41,959 are available in the Midlothian Three Cent Road Account; use of $10,000 will leave an approximate balance of $31,959. J~mes J/~ L. Stegmaier,~Di~ector Budget & Management l# ' ~!35 James Powderham ~er West Salisbury Charter Woods llillanne Roxshire James River West Project Location of Fence Meeting Date: July 27, 1994 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Item Number: Page _~._of_~_ 8.C.11.b. Subject: Appropriation of Funds for Paving Gill Street Count~, Administrator's Comments: CountyAdministrator: BoardAction Requested: The Board is requested to appropriate $3,500 from the Bermuda District Three Cent Road Fund to pave Gill Street. Summary of Information: BACKGROUND: Mr. McHale has received a request from citizens to pave Gill Street from Winfree Street, southward to the dead end (approximately 400 feet). The cost for the County to perform the work is $3,500. RECOMMENDATION: If the Board wishes to pave Gill Street, $3,500 should be appropriated from the Bermuda District Three Cent Road Fund to pave Gill Street. DISTRICT: Bermuda Preparer: R~J'. McCracken Attachments: Yes ~-] No Title: Director of Transportation BOARD OF SUPERVISORS Page 2 of AGENDA Summary of Information: (Continued) Budget and Management Comments: Funds in the amount of $28,053 are available in the Bermuda Three Cent Road Account~ use of $3,500 for paving of Gill Street and an additional request on the agenda for $8,000 for concrete pipe installation will leave an approximate balance of $16,553. J~ J. L~. stegmaier, · BUdget W Management Gill Street Project ~ Location of Paving CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: Page 1 of 3 July 27, 1994 Item Number: 8.c. ll.c. Subject: Appropriation of Bermuda District Three Cent Road Funds County Administrator's Comments: CountyAdministrator:~ BoardAction Requested: The Board of Supervisors is being requested to appropriate $8,000.00 to purchase approximately 550' of concrete pipe. Summaryoflnformation: The Chester Presbyterian Church located at the corner of Route 10 and Osborne Road has been preparing for expansion over the past 10 months. There have been numerous meetings with area residences where citizens expressed their concerns regarding existing drainage patterns, as well as the potential affect of a BMP facility needed for quantity control on-site. There have been approximately three different designs which are all approvable; however, only one meets the needs and requirements of the church and the four citizens. Some of the citizens will be dedicating easements, the County will supply the pipe for the existing and proposed off-site residential easements, and the church will provide all additional materials and installation costs for the off-site improvements. The cost of purchasing the pipe will be $8,000.00. Mr. McHale has been kept apprised of the different alternatives and is comfortable with the final results. DISTRICT: Bermuda Preparer: Attachments: Richard M. McElfish No Title~irector, Environmental Engineering 140 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page : of__~. Summary of Information! (Continued! RECOMMENDATION: Recommend that the Board of Supervisors appropriate $8,000.00 from the Bermuda District three cent road fund for the purchase of pipe downstream of Grove Avenue. # 141 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Summary of Information: (Continued) BUDGET & MANAGEMENT COMMENTS: The available balance in the Bermuda three cent road account is $28,053; use of $8,000 for concrete pipe installation and an additional request on the agenda for paving of Gill Street in the amount of $3,500 will leave an approximate balance of $16,553. J.a~es J~:L. Steg~aier ,/Direct'6r of Budget & Management # 142 Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA July 27, 1994 Item Number: Page _~. of~ 8.C.12. Subject: Special Project Agreement with Central Virginia Waste Management Authority for Waste Tire Recycling. Count}, Administrator's Comments: CountyAdministrator: BoardAction Requested: (1.) Authorize the County Administrator to execute a Special Project agreement with the Central Virginia Waste Management Authority (CVWMA) for a Waste Tire Recycling program and set fees at a level to recover cost (estimated at $1.25/tire). (2.) Appropriate $25,000 in anticipated revenue and expenditures. SummaryofInformation: Currently, Chesterfield County collects and recycles used tires, from citizens only, at the Northern Area Transfer Station (the former Northern Area Landfill). The Central Virginia Waste Management Authority has entered into an agreement with a tire recycling vendor that will provide the County the opportunity to recycle tires from commercial tire generators, as well as the general public. Commercial business bringing tires to the landfill will continue to pay disposal charges for each tire. Because this contract also proposes for disposal of tires from the commercial sector, it will enhance the County's tire recycling program. The additional expense for disposal will be offset by the anticipated increase in revenue. Residents will still be permitted to bring up to four tires to the transfer station for recycling at no charge. Funds for Residential Tire Recycling have been appropriated in the FY 95 budget. -William ~. H6w~ll ~7~ Attachments: [~ Yes No Director of General Services 143 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page Summary of Information: (Continued) Staff anticipates that this expanded service will help eliminate illegal dumping of tires on public and private property within the County. In addition, this program will help the County meet the 25% recycling mandate set for 1995. 144 Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA July 27, 1994 Item Number: Page i of 2 8.C.!3. Subject: Award of Risk Management Contracts for Brokerages, Loss Control, and Actuarial Services County Administrator's Comments: CountyAdministrator: BoardAction Requested: Approval of three contracts for professional services consisting of insurance broker, loss prevention, and actuarial services. Summaryoflnformation: 1. Award a contract to Johnson & Higgins of Virginia for brokering services including but not limited to: a) b) c) d) property, casualty and group disability programs primary and excess insurance and bond placements claims management audit services general insurance assistance The annual cost of this service will be $36,000. This will be a one-year contact with an option to renew for an additional four years. 2. Award a contract to COS}IA, INC., a Chesterfield County business, for loss prevention services. K~en F. Russell Yes Title: Risk Manaqer 145 Attachments: No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Summary of Information: (Continued) This company will provide OSHA required training to public school and County employees. This is an annual contract with an option to renew for an additional four years. The annual expenditure will not exceed $75,000. 3. Award a contract to Coopers & Lybrand (N.Y.) to perform an actuarial study of the risk management internal service fund. This is an annual contract with an option to renew for an additional four years. The annual cost of this service will be $12,600. These contracts require Board approval because they are classified as professional services according to the State Procurement Act. The Fund 72 Budget has sufficient funds to remit for these contracts. 146 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: July 27, 1994 Item Number: Page 1 of ~ Subject: Award of Contract Fairgrounds Building for the construction of the New County Administrator's Comments: County Administrator: BoardAcfion Requested: Approval and award of a construction contract to Construction Company of Chester, Virginia for the Fairgrounds/Christmas Building in the amount of $407,999. White new Summary of Information: The new building to be located at the Fairgrounds will be a multifunctional building for use by the Christmas Mother, Fair Association, Parks and Recreation and other County departments. White Construction Company of Chester was the low bidder out of ten contractors with a bid of $407,999. Funds are available for this project in the 1995 CIP. Attachments: ~-~ Yes No Director, CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Summar~ of Information: (Continued) Budget and Management Comments: A total of $773,000 was appropriated this fiscal year for the construction of two warehouses - a multifunctional Fairgrounds warehouse and a county General Services warehouse. Bids for constructing the two warehouses are being solicited in two separate bids. The low bid of $407,999 to construct the Fairgrounds warehouse is approximately $83,000 over staff estimates. This overage is due to items added to the building at the request of the Christmas Mother (kitchen area, office, storage, etc.) and to poor soils on the site. In addition, this bid assumes that the warehouse will be half split - block rather than metal. Staff will be evaluating metal versus masonry in the near future. Opting for metal may save approximately $25,000 to $30,000. The General Services warehouse has not yet been bid - bids are expected the latter part of August. Funds are available to award the referenced contract for the Fairgrounds warehouse; however, given this unexpected high bid, it is unlikely that sufficient funds will be available to complete construction of both contemplated warehouses. Total funds for both warehouses will be evaluated once bids are received for the General Services warehouse. At that time, staff will evaluate the need for additional funding in order to complete these projects. ~. es-J. L. ~'egm~ier (~lrector Budget and Management # -l! CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page i of__ 1 Meeting Date: Item Number: 8.C.14.b. Subject: Award of Construction Contract for County Project #93-0294R, Crosstimbers Court Water Line Rehabilitation County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors award the construction contract to Gerald K. Moody, T/A Southern Construction Company, and authorize the County Administrator to execute the necessary documents. Summary of Information: The project involves replacement of an old 4" cement asbestos water line and pavement restoration. As a result of sewer service settlements, the existing 4" water line has failed numerous times. In addition to replacing the 4" water line, we will have to repave the street and replace existing curb and gutter. We received one (1) bid in the amount of $105,240.00. We discussed the possibility of rebidding with our engineering consultant and decided to negotiate with the single bidder. Through our negotiation with the contractor, we agreed on a price of $98,970.00. Funds for this project are available in the current CIP. District: Clover Hill Preparer: J~o ~ c-~- ('/~-7.,,'~~ ~oy E. Co~ngton Attachments: Yes [_~No Title: Assistant Director of Utilities Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA July 27, 1994 Item Number: Page 1 of, 2 8.C.15.a. Subject: Approval of Change Order to Walter C. Link, Inc., Closure of the Northern Area Landfill Count~ Administrator's Comments: County Administrator: BoardAction Requested: Approval of Change Order to Walter C. Link, Inc., in the amount not to exceed $200,000 for the construction of the final cap at the Northern Area Landfill Summary of Information: In order to complete this project prior to the onset of bad construction weather, it is imperative that additional equipment be added to aid Walter C. Link, Inc., at this time. The project has been delayed due to unexpected heavy spring rains that slowed down earth moving activities. Additionally, the volume of earth required to be moved is somewhat greater than estimated in the original scope of the project. Staff is concerned that at the present construction rate, this project will not be completed by fall, which greatly increases the chances of this project not being completed until Spring 1995. The Department of Parks and Recreation Softball Complex will also suffer as a result, which means that this complex will not be available for play in the Spring 1995 as needed. By adding the additional earth moving equipment, we will be able to capitalize on the excellent construction weather in order to complete the project by October 30, 1994, which will also assist the construction of the Softball Preparer: William H.' Howell Title: Services Attachments: Yes No 151 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page: of: Summary of Information: (Continued) Complex so that it will be ready by Spring 1995. There will be a mobilization fee for equipment and a price per cubic yard for the earth moving. The price per cubic yard will be as follows: base grade - $1.75/cy; infiltration layer - $2.60/cy. Funds are available within the current project budget. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page i of z Meeting Date: ,Tulv ~7. lqq~ Item Number: 8.C.15.b. Subject: Change Order No. 1 for County Project #92-0131 - Swift Creek Water Treatment Plant Dam Improvements County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors approve Change Order No. 1 for construction with the contractor, D. W. Lyle Corporation, and authorize the County Administrator to execute the necessary documents. Summary of Information: Change Order No. 1 includes providing a "rubbed" finished to the above grade sections of the concrete wall and additional compensation for sheeting/shoring ordered left in place. Both items are paid on a per unit price basis. The estimated cost of this change order is $21,000.00. Funds are available for this project in the current CIP. Preparer: Roy E. Covington Yes Title: Assistant Director of Utilities Attachments: No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page i of ~ Meeting Date: .x,,ay 27: lgg~ Item Number: 8. c. 15. c. Subject: Change Order #3 for County Project #88-0163E Proctors Creek Wastewater Treatment Plant Expansion County Administrator's Comments: County Administrator: Board A~ion Requested: Staff recommends that the Board approve Change Order #3 for construction with the contractor, Pizzagalli Construction Co., in the amount of $41,942.00 and authorize the County Administrator to execute the necessary contract documents. Summary of Information: Change Order #3 includes additional materials and work for fourteen (14) items. These items include additional excavation, electrical, instrumentation, and structural work. This change order is a result of design refinements based on actual field conditions that could not have been anticipated during the design process. All of these items have been reviewed and negotiated by the County, contractor and engineer. Net change orders to date are (-)$123,354.45 (credit). Funds for this change order are available in the current CIP. Preparer: Attachments: Roy E. Covington Yes No Title: Assistant Director of Utilities Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA July 28, 1994 Item Number: Page ,,1 of : 8.C.16. Subject: Set a Public Hearing for August 24, 1994 to Consider an Amendment to Section 8-12.7 of the Code of the County of Chesterfield Relating to Interest Paid on Tax Refunds. Count~ Administrator's Comments: CountyAdministrator: BoardAction Requested: Set a public hearing for August 24, 1994 Summary of Information: The County historically has not had a clear policy on paying interest on erroneously assessed tax refunds resulting in an inconsistent treatment of taxpayers. In most cases, interest is not paid on refunds because the amount of tax collected is minimal and the money has been held for a short period of time. But in special cases, when a large amount of tax has been assessed due solely to an error of the County Assessor or Commissioner of Revenue and held by the County for a long period of time, the refund is paid by the Treasurer with interest. A rate of ten percent (10%) is sometimes used because that is also the rate charged by the County for taxes paid late. In other cases, a rate equivalent to the rate received by the County from investing the tax receipt is used. State law allows the County to adopt an ordinance providing for the payment of interest for tax refunds. Staff recommends setting a public hearing to consider amending the Coun _ty Code to provide by ordinance that tax refunds shall be paid by the Treasurer only when (i) the tax was erroneously assessed due to the fault of the Commissioner of Revenue or the Real Estate Assessor; (ii) the tax has been held for greater than thirty days; (iii) the amount of interest exceeds $100; and L. Micas Attachments: Yes ~-] No (Continued) Title: County Attorney 0603:7115.1(7102.1) # CHESTERFIELD COUNT~ ' BOARD OF SUPERVISORS Page 2 of 2 AGENDA Summary of Information: (Continued) (iv) that the interest paid shall be at a rate equal to the interest rate the County received by holding the funds in the County's investment portfolio, provided such rate does not exceed ten percent (10%). As this amendment will simply codify existing practice, the Treasurer anticipates no significant financial impact as a result of this amendment. The amendment will apply to refunds paid by the County voluntarily as well as to refunds paid as a result of judgments or settlements of erroneous assessment litigation. Currently, there are approximately four erroneous assessment cases pending, one of which is in the. process of being settled and would be affected by the adoption of this ordinance. # AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1978, AS AMENDED, BY AMENDING AND REENACTING SECTION 8-12.7 RELATING TO TAX REFUNDS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 8-12. 7 of the Code of the County of Chesterfield, 1978, as amended, is amended and reenacted to read as follows: Sec. 8-12.7. Refunds. (a) If the commissioner of revenue or the real estate assessor is satisfied that he has erroneously assessed any taxpayer with a local tax, he shall certify to the treasurer the amount erroneously assessed. If the tax has not been paid, the taxpayer shall be exonerated from payment of the tax. If the tax has been paid, the tax together with applicable penalties and interest shall be refunded to the taxpayer in accordance with Code of Virginia, section 58.1-3990. (b) All erroneously assessed taxes refunded under this section which were erroneously assessed due solely to the fault of the commissioner of' revenue or the real estate assessor and not due to the fault of the taxpayer in filing his return and were held by the County_ for more than thir _ty (30) days shall be be repaid pursuant to Code of Virginia section 58.1-3991 with interest. The interest paid under this subsection shall be paid at a rate equal to the lesser of (i) the average interest earned on the County's investment portfolio as reported in the treasurer's quarterly reports to the board for the periods of time such taxes were held by the County or (ii) the rate imposed by the County for delinquent taxes. Such interest shall run from the date such taxes were required to be paid or were paid, whichever is later, and shall only be paid if the amount of interest owed exceeds one- hundred dOllars ($100). (b_c) No tax refund shall be made under this section if the request for a refund was made more than three (3) years after the last day of the tax year for which the tax was assessed. (e_d) The refund procedure established by this section shall not apply to refunds resulting from the decision of the commissioner of revenue to reclassify a business for business license taxation. Such refunds may, however, be processed in accordance with Code of Virginia, section 58.1-3980 and 58.1-3981. (2) That this ordinance shall become effective immediately upon adoption. 0603:7102.1 -1- Meeting Date: July 27, CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA 1994 Item Number: Page 1 of ~ 8.C.17. Subject: Request for Bingo/Raffle Permits County Administrator's Comments: County Ad ministrator: BoardAction Requested: Approval of Bingo/Raffle Permits Summary of Information: The County Attorney's Office has reviewed the following application for bingo/raffle permits and has determined that the application meets all statutory requirements: Organization Type Year Chesterfield Junior Woman's Club Raffles 2nd Thursday, each month 1994 Preparer: i~~'~'~ ~teven L. Micas Attachments: [~] Yes No County Attorney Title: 0805:389.34 CHESTERFIELD COUNTY Application for a Permit to Conduct Bineo Games or Raffles In support of this application, the applicant offers the following information under oath: 1. Official name of organi?ation: Chesterfield Junior Woman' s Club SLanhope ounior woman's Club) 2. (formerly Addressoforgani?ation'sheadquarters(please includestreetaddress, city andzipcode):Club President, Ellen Squyars, 5042 P~nnbrookDr., Chesterfield, VA 23832 3. Address where ~ recordsofreceiptsanddisbursements arepermanentlyfiled: Alice Eggleston, Ways and Means Chairman, 4119 Litchfield Dr., Chesterfield, VA 23832 4. Names and ad&ess of owner of the property described in 3 above: Same as number 3 Address(es) where :~%Y4r:~Y,0Yd$:g,Y:~l~lYo~ raffle drawings conducted (please include street address, city and tip code: A.M. Davis Elementary, 415 S. Providence Rd., Richmond,V.A 23235 NOTE: THIS PERMIT IS VALID ONLY AT THE LOCATION DESCRIBED IN 5 ABOVE. Dates or days of week and time when ~~:l~r raffles will be held at the above address(es): The second Thursday each month, September through June, 7:30 p.m, durir~g o our monthly club meetings. Date when organi?afiou was ~unded: Organized 4/22/69; Federated 8/22/~A~ Has your organi?ation been in existence and met regularly in Chesterfield County or an adjacent county, city or town for two (2) years immediately prior to making this application? Yes X No __ Is your organi?ation currently and has your organization always been operated in the past as a non-profit organi?ation? Yes X No __ If not, explain 10. 11. 14. 16. 17. 18. Tax exempt status under the Internal Revenue Code (if applicable): Statethe ~ecffictype and purpose ofyo~ or~ni?afion:The CJWC is a philanthropic club and is a member of the VA Federation of Women's Clubs. We provide donations of money, goods, and services to many organizations throughout the Richmond area such as Camp Easter Seal, V.A. Hospital, Chesterfield Christmas Mother, T~e ofpermitapplied ~r: Bingo Games__ Raffles X Both__ act. Application is for a new *X or renewal __ permit. If renewing a permit, were financial reports filed on time and in compliance with all applicable legal requirements? Yes . No . *We held a raffle permit in 1987 as Stanhope Junior Woma-~ Club. List below gross receipts, if any, from all sources related to the operation of bingo games or instant bingo by calendar quarter for the 12-month period immediately prior to the date of this application: N/A 1st qtr: $ 2nd qtr: $ 3rd qtr: $ 4th qtr: $ Officers of Organi?ation: Name Address Bus. Phone Home Phone President: Ellen Squyars ViceP~ident: Renae Had. rick ~creta~ Diane Tfio~gs Tre~uxe= Sharon Cheatham 5042 Pennbrook Dr. Ch~g~erf~e]d.VA 23832 4315 Soundview La. 7~02-Wihdi~q.~'Cr~ek . ~ld. VA 23832 2~rf~inq~wooO31 Coll Dr. Chogt~rfield~ VA 23832 271-5559 276-0019 674-1957 276-9372 Member authorized within the organi?ation to be responsible for conduci: and operation of bingo games or raffles; Name: Alice Eqqleston Address: 4119 Litchfield Dr., Chesterfield, VA Home Telephone: 7 4 5 - 5 81 6 Business Telephone: Member authorized within the organi?ation to be responsible for filing the financial report if the organi?ation ceases to exist: Alice Eqc/leston Do you, and each officer, director and member of the organization fully understand the following: A. It is a violation of law to enter into a contract with any p~son, firm, association, organi?ation (other than another qualified organlvation pursuant to {}18.2-340.13 of the Code of Virginia), partnership or corporation of any classification whatsoever, for the purpose of organizing, managing or conducting bingo games or raffles? Yes X No - over- The organization mu~' maintain and file with the County's Inter--! Audit Department complete /ecords of receipts and disbu,._.nents pertaining to bingo games and raff, as required by State and Cou~tyLaw; and that such records are subject to audit by the County's Intern~fl Audit Department? Yes ---X_. No The organization must remit an audit fee of 2% of gross receipts with the Annual Financial Report not later than December 1 unless gross receipts are less than $2,000? Yes X No Do The organization must furnish a complete list of its membership upon the request of the County's Internal Audit Department or other designated representative of the Board of Supervisors? Yes X No The organization shall be required to contribute an annual minimum of 5% of the gross receipts from all bingo games or raffles for those lawful religious, charitable, community of educational purposes for which the organiTation is specifically chartered or organized, and no less than 8% of gross receipts averaged for three consecutive annual reporting periods. Yes × No ~ Fo No person shall participate in the management, operation or conduct of any bingo game or raffle if, within the preceding five years, he has been convicted of a felony or crime of moral turpitude. Yes X No Go No person shall participate in the management, operation or conduct of any bingo game or raffle if that person, within the past five years, has participated in the management, operation, or conduct of any bingo game or raffle which was found by a local jurisdiction to have been operated in violation of state law or local ordinance. Yes X No Ho Any organi?ation found in violation of the provisions of Article 1.1 of Chapter 8 of Title 18.2 of the Code of Virginia, is subject to having such permit revoked by the local governing body? :Yes X No ~ Any person violating the provisions of Article 1.1 of Chapter 8 of Title 8.2 of the Code of Virginia, shall be guilty of a Class 1 misdemeanor and any person violating the provisions of § 18.2-340.9 shall be guilty of a Class 6 felony? Yes X No ~ Jo The organi?ation must provide written notification to the Cotmty's Internal Audit Department of any change in elected officers or bingo chairperson during the calendar year covered by this permit. Yes X No The organi?ation must comply with the provisiOns of the current Chesterfield County Bingo-Raffle Administrative Manual. Yes X. No 19. Have you and each officer of your organiTation read the attached permit and do you and each officer agree on behalf of the organi?ation to comply with each of the conditions therein? Yes X No ~ I hereby swear or affirm under the penalties of perjury as set forth in §18.2-434 of the Code of Virginia, that all of the above questions have been completely answered and that all the statements herein are true to the best of my knowledge, information and belief? WITNESS the following signatufe~ and seals: Signature of Applicant: ~/~///~' ~./t~CT~ Name: Alice M. Eqgleston Title: Ways and Means Chairman Address: 4119 Litchfield Drive, Chesterfield, VA Business Phone: N/A Home Phone: 7 4 5 - 5 8 1 6 23832 STATE OF VIRGINIA CITY/COUNTY OF ~ TO-WIT: Subscribed and sworn to before me, ~v~t~t.~,_ ~. ~ ~,a Notary Public in and for the City/County and State aforesaid, this ~$,n../_day of t' ~/(__a_.~_ , ' 199 t/· ¢ No{gary Public My Commission Expires: ~ - ~l ~ ~ ~' ~/ RESOLUTION BE IT RESOLVED THIS 15th day of May , 1994 (date resolution passed), that Alice M. Eqqleston is hereby authorized to apply to the Chesterfield County Board of Supervisors for a bingo/raffle permit on behalf of this org?ization for the 1994 calendar year. Revised 10/1/93 Authorized signature (J~fficerfor Director) Ellen Squyars,'" President BY-LAWS ARTICLE I. NAME The name of this organization shall be the Chesterfield Junior Woman's Club. ARTICLE II. OBJECT Objectiv~ of this club shall be charitable as defined by Section 501 (c)(3) of the Internal Revenue Code. These objectives shall strive to bring into closer unity the young women of this community in order to promote through their common interest the civic, cultural, educational, philanthropic, and environmental welfare of the community. ARTICLE III. MEMBERSHIP Section 1. The qualifications for membership shall be a willingness to cooperate with the aims of the club. Active members shall be young women between the ages of 18 and 40 who are registered voters. Membership shall be terminated at the end of the club year for those members reaching their 40th birthday before June 1. Any member shall have the option to graduate if she has been an active member for five years, and gives written notice to the membership chairman by February 1. Any member who is elected or appointed to a club, district, state, or national position may remain in her Junior club until the completion of that one administration regardless of her age. Section 2. Active membership shall be maintained by fulfilling the following annual requirements or by submitting a valid explanation in writing by the May Board Meeting to the Membership Chairman for approval by the Executive Committee: Attend four regular club meetings. Any member who is absent from three consecutive meetings may be notified to present a valid explanation in writing to the Membership Chairman by the following board meeting. Attend at least one meeting of departments, divisions, standing or special committees on which she serves. C. Attend a minimum of three philanthropic projects. D. Support all Ways and Means projects. 12 Section 2a. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Members joining the club shall be required to fulfull a percentage of annual membership requirements as determined by the President and the Membership Chairman. New members may be installed at each club meeting. Applications must be submitted to the board prior to installation. Acceptance shall be subject to a majority vote of the Executive Boar~. Each new member shall be sponsored by an active member. The Membership Chairman shall notify in writing' new members of their election. After receiving notice of her election, a new member shall give written acceptance to~ the Membership Chairman. The acceptance shall be accompanied.by the initiation fee and dues., Transfers from other federated clubs will be honored at any time. Acceptance shall be subject to a majority vote of the Executive Board. After notification of acceptance, dues shall be paid by the following club meeting. Membership requirements shall be determined by the President and the Membership Chairman. The initiation fee shall be $5.00 payable upon election to membership. The annual dues shall be $20.00 and payable in June, or the option of $10.00 payable in June and September. If unpaid, notice of arrears will be sent by the Treasurer by August 1. Members in arrears on October 1st automatically lose their club 'membership and will receive written notice of same. Dues for members elected in September or October shall be-$1'6.00; in November or December, $10.00; in January or February, $5.00; and the remaining months, $2.00. .Members in good standing shall be eligible for up to one year's leave of absence upon written request to the Executive Board and payment of dues for the current year. Members shall not be required to meet the annual membership require- ments for their leave of absence. Any member wishing to resign shall submit a written resignation to the Membership Chairman, which shall be acted on by the board at the next regular board meeting. To resign in good standing, a member must have fulfilled her membership requirements and not'be-in arrears. Any member 13 Section 1. Section 2. Section 3. Section 4. Section 5. SectiOn 6. who resigns/~n good standing shall be required to pay only her annual dues if she wishes reinstate- ment and a majority vote of the Executive board. ARTICLE IV. OFFICERS AND THEIR DUTIES The of~cers of this club shall be President, Fi~t Vice President, Second Vice President, Secretary, and Treasurer. The officers and Parliamentarian shall constitute the Executive. Board. The President shall preside at all meetings of· the Club and the Executive Board. She shall be a delegate to all District and State meetings and shell be ex-officio member of all committees, except the Nominatinq'and Hostess of the Richmond Area Chapter of the Virginia Easter Seal Society and Camp Easter Seal East Committees. She shall appoint all chairmen.on the Executive Board with the Executive Committee. She shall appoint all other chairmen, except NQminating and New Members Project Chairmen. She shall appoint all department, division, standing and special committees except the nominating committee, necessary for the operation of the club. Should the President be unable to attend a District or State meeting, she shall appoint a replacement, Should the delegate or alternate delegate be unable to attend a District or State meeting, the President shall appoint a replacement. The First Vice President, in the absence of the President, shall perform the duties of the office and succeed to the office in the event of a vacancy. She shall be Dean of Departments, Chairman of Leadership Development and Program Chairman. She shall perform such other duties as shall be assigned to her by the President. She shall be a delegate to all District and State meetings. The. Second Vice President shall be Handbook and Membership Chairman. She shall furnish the Secretary and Treasurer the names and addresses of the newly elected members. She shall be alternate delegate to all District and State meetings. The Secretary shall keep a record of the proceedings of each meeting of the Club and the Executive Board. She shall keep a record of attendance at these meetings and conduct all correspondence of the Club as authorized by the President. The Treasurer shalI receive and keep all funds and 14 Section 1. Section la. SeCtion lb. Section 2. Section 3. Section.4. Section 1. shall keep an accurate account of same. She shall notify members in arrears and shall make reports to the Club and the Executive Board. A written report of same shall be filed for audit. ARTICLE V. NOMINATIONS AND ELECTIONS A Nominating Committee of'three who have been active members for at least one year shall be elected by the Club at the February meeting. The election shall be by ballot and a plurality vote shall'elect. The member receiving the highest number of votes shall serve as chairman. In the ca'se of a tie, the President shall designate a. chairman. They shall'publish in writing a single ticket of officers prior to being presented at the March meeting. No member may serve two consecutive years on the Nominating Committee. No member may be nominated whose consent to serve has not been obtained. The election of officers shall be held at the March meeting. The election shall be by ballot and a majority vote shall elect. Nominations may be made from the floor. The term of office shall be for one year, and no officer shall serve for more than two consecutive years in the same office, except the Treasurer, who may continue in office longer at the volition of the Club. Newly elected officers shall take office immediately following the adjournment of' the annual meeting in May. No member shall be eligible to hold office until she has been an active member for at least one year and has served as a department, division, or standing committee chairman. ARTICLE VI. EXECUTIVE BOARD The Executive Board shall be composed, of the elected officers, parliamentarian (without vote). Board- members shall be required to attend four board meetings or shall submit a valid explanation in writing to the President for her approval or relinquish the position. Any member serving in a District, State or National Position shall be an honorary non-voting member of the Executive Board. 15 Section 2. The Executive Board shall have general supervision over the affairs of the Club, but shall refer, with recommendations, all approved measures to the Club for its decision; except that which shall require immediate action which shall be reported to the Club at it's first meeting thereafter for ratification. Section 3. -The Executive Board shall meet monthly prior to the regular business meetings. The May board meeting shall be held prior to the May annual meeting. Section 4. A quorum for meetings of the Executive Board shall consist of three. Section 5. If a vacancy occurs in any office, other than that of the President, it shall be filled by the Executive Committee. ARTICLE VII. DEPARTMENTS, DIVISIONS AND STANDING COMMITTEES The departments and divisions of the Club shall be selected annually by the newly elected officers using the guidelines pro- vided by the VFWC and the GFWC and the April member selection sheets as guides. There shall be the following Standing Committees: Banquets and socials; Budget; and Ways and Means, at the discretion of the Executive Committee. ARTICLE VIII. MEETINGS Section 1. Regular meeti~s of the Club shall be held on the. second Thursday evening, June through April. In case of an emergency, the Executive Committee may change a meeting provided sufficient notice is given membership. The date of the May meeting shall be determined by the Executive Committee. Section 2. The May meeting of the Club shall be the annual meeting for the installation of officers. Section 3. Special meetings may be Called by the President or upon written request of five members. No business, except that which is stated in the call, may be transacted. Section 4. Three officers and one third of the active members shall constitute a quorum for any Club meeting. ARTICLE IX. FISCAL YEAR The~fiscal year of the Club shall be June 1 through May 31. 16- ARTICLE X. PARLIAMENTARY AUTHORITY' Robert's Rules of Order, Newly Revised, shall be the parlia- mentary authority of this Club. ARTICLE XI. AMENDMENTS These By-Laws may be amended at'any regular meeting by tWo-thirds vote, provided the proposed amendment has been given in writing previous to the meeting at which the vote is taken. Amendments shall~become effective immediately. ARTICLE XII. DISSOLUTION OF CLUB If this organization should be dissolved, its assets shall' be distributed to another organization(s) qualified under Sectioa 501 (c)(3) of the Internal Revenue Code. No assets may~be distributed to individual members. STANDING RULES For Club functions requiring fees, reservations will not be made unless payment is made prior to established deadline. 2. Visitors are welcome at any function or club meeting. Any money-making project to be undertaken by a committee of the Club shall first be approved by the Executive Board and submitted to the Club membership for a vote. Committees other than Ways and Means shall be limited to one such project a year. Items sold to Club members in support of GFWC and VFWC projects with no profit to the Club are exempt. ¸® A committee of three, one of which shall be the Club Parliamentarian, shall be appointed in February yearly or as needed by the President to review the by-laws and standing rules. Whenever possible, a registered parliamentarian or a Lee District Officer should be present. Their recommendations shall be presented at the March meeting and voted upon at the April meeting. The scrapbook and history, prepared by the Historian,' shall be presented to the Outgoing President. The Club Woman of the Year award shall be presented at the May Banquet. A committee of three, consisting of the President and two Other members shall select the outstanding member, whenever possible, the immediate past two recipients of the award shall serve on the committee. 17o 10·. 11. 12. 13. 15. 16. The President and past recipients are ineligible. The award will be presented to the Club member who~has been most active in all phases of Club work. The Membership Profile Form will be used only as a guide to determine the scope of her activities. Ail new members shall sponsor a New Member Project to be approved by the Board and comleted by the May Board meeting. Transfers have the option of participating in the New Members Project. 'Ail repOrting chairmen are required to attend the Club reporting workshop. In the event a chairman is unable to attend, she must submit a copy of her report in outline form. The Nominating Committee shall present the qualifications in writing of those on the ticket. Those making nominations from the floor shall state the nominee's qualifications. A committee of three, consisting of %he immediate past Camp Easter Seal Hostess Contestant and two members shail be appointed by the President to select a Contestant for the Official Hostess of the Richmond Area Chapter of the Virginia Easter Seal East. The contestant will be presented at the January meeting. The Cl~ub will pay the cost of the Camp Easter Seal Hostess Contestant's entry fee and picture. Any requests for money in excess of $25.00, not budgeted, must be approved by the Executive Board and the Club membership. Requests under $25.00 must be approved by the Executive Board. A committee consisting of three members or an outside party, shall be appointed by the President to audit the books during the month of June. May Board meetings shall be composed of the current and incoming Board members. Each Board shall vote on matters pertaining to their respective administration. Membership Profile forms shall be kept on all members by.the Membership Chairman and shall be updated annually. Every possible consideration should be given to.include in the budget funds to assist with the expenses of the President, members serving in a District, State, or .National position and Club 'delegates at District and State meetings. Also, the expenses of the President's Council Banquet for the President, the past'President, and the incoming President should be included if possible. 18 17. The Budget Committee shall consist of the President, the First Vice President, the Treasurer, and two additional members appointed by the President. This committee shall present at the September business meeting a budget for the ensuing year, which shall be adopted by a majority vote. 18. To be recorded as present at a regular club meeting a member must be in attendance for 30 minutes. 19. A standing rule may be amended without previous notice at any regular meeting by a two-thirds vote, or with notice by a majority. 20.. Ail chairmen of committees and special appointments shall submit a monthly written report to the club reporting workshop. 21.~ Those members graduating or resigning from the Club may be invited back to.special meetings and sociai functions. 22. For a nominal yearly postage and printing fee, graduates may continue to receive the Club newsletter at their option. 19 ChesterfieldJuniorWoman'sClub Chesterfield, Virginia Mr. Scott John Fitzgerald Assistant County Attorney County of Chesterfield Administration Bldg. P.O. Box 40 Chesterfield, Virginia 23832-0040 June 19, 1994 Dear Mr. Fitzgerald: I am responding to the letter you sent regarding the raffle permit application submitted by the Chesterfield Junior Woman's Club. First I would like to point out that our name was officially changed from Stanhope Junior Woman's Club to Chesterfield Junior Woman's Club in February 1994. I have enclosed a copy of the letter that was sent to the Virginia Federation of Women's Clubs (VFWC) regarding this change. The change was confirmed via telephone conversation between Vicki Marks, Executive Secretary and Charlotte Council, past president. While trying to find the information you requested I have realized that there are two errors in our application - the date we were federated and our 501 (c)(3) status. I spoke to Vicki Marks at VFWC Headquarters [(804)288-3724] and was told that the Junior Woman's Clubs are not chartered nor do we have any articles of incorporation. She sent me a copy of our club's original application for membership which documents when our club was federated, August 22, 1969. I have enclosed this with this letter. You will notice that I mistakenly wrote on the application that we were federated in 1970. Our club is a member club of the VFWC and the General Federation of Woman's Clubs (GFWC) and pays yearly dues to these parent organizations. Vicki Marks of VFWC informed me that GFWC and VFWC both have 501 (c)(3) status, but this status does not cover the member clubs. I called the local IRS office and determined that our club had never individually filed for 501 (c)(3) status so we can not claim this as I did on this application. Although our bylaws don't explicitly say we have 501 (c)(3) status, they are confusing and I will encourage the club to clarify them in the future. At this point I am not sure if we will still qualify for a raffle permit. Please let me know if there is any other information I can provide. Thank you for all of your time and consideration. Sincerely, Alice M. Eggleston Ways and Means Chairperson Chesterfield Junior Woman's 4119 Litchfield Drive Chesterfield, Va. 23832 VIRGINIA FEDERATION OF WOMk~N'S CLUBS ,,Application for Membersh~ip District Lee (Please Type). The Junior Woman's Club County Chesterfield of Chesterfield County , Virginia, hereby makes application for membership in 't:he VIRGINIA FEDERATION QF WOMEN'S CLUBS. The number of members of t..is club is _ 1~ , · Charter members are listed on reverse side of this form. There is attached hereto check p~yable to Treasurer,VIRGINIA FEDERATION OF WOMEN'S CLUBS in the total s_mount of $1~.10 cnver~g $!o00 entrance ~e~ a~d ........ - , .......... ~,~tv ce~ts member to cover State and General Federation dues. This application'form and copies of the club con- stitution and by-laws are hereby transmitted to Mrs. EdEar M. Everett ]District Chairman of Club Extension) Junior Clubs indicate sponsor Hizhlan8 Park Junior Woman's Club (aSvisors) (Signed) ~/.~ ~L~~:~/~~.. Club President 1967 Woodmon~Drive, RichmJd, Virginia 2~2~5 (Address of President) (Signed) .~. j~.~%/z( ' . '~,f~,/~/]~ Recording Secretary 2107 Jarman Lane, Richmond, Virginia ~2(~ (Address of'Recording Secretary) TO BE SIGNED BY OFFICERS OF THE VIRGINIA FEDERATION OF WOMEN'S CLUBS I hereby vote in favor of admitting ~ (~me/: Club ) to membership in the VIRGINIA FEDERATION OF WOMEN'S/CLU~s. ~ ,, ,, '7" Recording Secretary ~~W ::~~at~ :--:: / District President ~-2~ n:~ Date :1/:7 (To be inse~ted by last officer signing) Mrs. ~i~l~ Eo Brown Mrs. Richard A. Calver Mrs. Jerry Lo Cole Mrs. Robert N. Fowler Mrs. Stephen T. Hardimau Mrs.~ Gerald C. Jones Mrs. H. A. McDaniel Jr. Mrs. H. Raymond Norford Mrs. Joe B. Preston, III Mrs. Eugene Scanlon Mrs. Edward W. States Mrs. G.~Mark Stofega Jr. Mrs. Nixon D. Williams CHARTER MEMBERS 2024 Neptune Drive 2017 Neptune Drive 2040 Denton Drive 1950 Denton Drive 1941 Denton Drive 1961 Denton Drive 2107 Jarman Lane 1967 Woodmont Drive 2009 Neptune Drive 2016 Neptune Drive 2025 Neptune Drive 10809 Savoy Road 2111 Olympic Court 272-1213 272-0857 272-7001 272-8018 272-7937 272_4352~ 272-4704 272-7989 272-0385 272-7044 272-4706 272-O287 272-5508 750 Hartford Lane Richmond, VA 23236 January 28, 1994 VFWC HEADQUARTERS Vicki Marks, Executive Secretary Post Office Box 8750 Richmond, VA 23226 Dear Vicki: This letter is to inform VFWC Headquarters that the members of the STANHOPE JUNIOR WOMAN'S CLUB voted at their last meeting held on January 13, 1994 to change their name to CHESTERFIELD JUNIOR WOMAN'S CLUB. This name has been researched to the best of my ability and I can find no other Federated club using the name Chesterfield Junior Woman's Club. We would like to begin using the new club name effective at our next meeting scheduled for February 10, 1994. If there is a problem with this or if we need to do anything else, please give me a call at (804)276-9715 as soon as possible. Thank you in advance for your time and consideration in this matter. Sincerely, Charlotte W. Council President, Stanhope JWC cc: VFWC Second Vice-President, Marolyn Cash VFWC Junior Membership Chairman, Jan Allen Lee District Second Vice-President, Eileen Keck Lee District Junior Director, Pat Johnson Lee District Junior Membership Chairman, Rita Thompson Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA July 27, 1994 Item Number: Page ~- of 2 8.C.18. ,Subject: Request for an Enter tainment/Musical Festival Permit from the Chesterfield County Fair Association Count7 Administrator's Comments: CountyAdministrator: BoardAction Requested: Staff recommends that the Board grant a musical/entertainment festival permit to the Chesterfield County Fair Association for the annual Chesterfield County Fair subject to the attached conditions. Summar},oflnformation: The 81st annual Chesterfield County Fair will be held at the fairgrounds complex on Courthouse Road Extension at Krause Road from August 26 through September 3, 1994. Because the County Fair will include musical events, exhibitions and rides, the County Fair Association is required to obtain a musical/entertainment festival permit from the Board. Amusements of America shall provide the midway rides and amusements for the duration of the fair. Rabbit, poultry and livestock shows are also planned. The plans for this year's fair have been reviewed by the County Attorney's office and those County Departments affected by the fair. The sponsor's plans include adequate measures to insure public safety, fire prevention, medical protection, sanitation, traffic control, insurance, bonds and building and ride safety. The sponsor has worked closely with all affected Departments to Continued [--~ Yes Title: County Attorney 1105:1770.3 Attachments: No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of: Summary of Information: (Continued) insure a safe fair. As a condition of being granted a permit, the Fair Association President, Larry Byam, has agreed to the following requirements as requested by the County Risk Manager: Two persons from the Fair Association, with appropriate designated authority, shall be present during all open hours of the Fair. A performance bond for site clean up and restoration must be provided by either the Fair Association or their sub-contractor (Amusements of America). ($18000 minimum) For public safety and convenience, the public telephones must be functioning during the Fair8 including the Fair set-up and take-down period Public restrooms must have assigned personnel for routine cleanup. A written cleaning schedule must be established and signed as performed. Staff will monitor compliance with the conditions of the permit prior to opening day, and for the duration of the fair. 1105:1770.3 160 Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA July 27, 1994 Item Number: Page 1 of,,~ 8.C.19. Subject: State Road Acceptance Count), Administrator's Comments: County Ad mi n istrato r: BoardAction Requested: Summary of Information: CLOVER HILL: Eaglewood, Section 2 Harbour Point Village DALE: Brittonwood, Section 3 MATOACA .- Deer Run, Section 6 Preparer: _~__~ e..~ Title: Richard Attachments: Yes ~-~ No Director Environmental Engineering 161 TO: FROM: SUBJECT: MEETING DATE: Board of Supervisors Environmental Engineering State Road Acceptance - Eaglewood, Section 2 July 27, 1994 Northcreek Drive Eaglewood, Section 2 Vicinity Map Scale 1 "=2000' 162 TO: FROM: SUBJECT: MEETING DATE: Board of Supervisors Environmental Engineering State Road Acceptance - Harbour Point Village July 27, 1994 Bayside Lane Harbour View Court Harbour Point Village Vicini~ Map Scale 1 "=2000' 163 TO: FROM: SUBJECT: MEETING DATE: Board of Supervisors Environmental Engineering State Road Acceptance - Brittonwood, Section 3 July 27, 1994 Brittonwood Drive Lynbrook Lane Brittonwood, Section 3 1 34 TO: FROM: SUBJECT: MEETING DATE: Board of Supervisors Environmental Engineering State Road Acceptance - Deer Run, Section 6 July 27, 1994 Winning Colors Lane Winning Colors Place Winning Colors Court Deer Run Drive Native Dancer Drive Lucky Debonair Lane Swale Lane Proud Clarion Lane Chateaugay Lane Cannonade Lane Cannonade Court Decidedly Lane Decidedly Court Deer Run, Section 6 Vicinity Map Scale 1 "=2000' 1( 5 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: July 27, 199& Item Number: 8.C.20. Subject: Amendment to Minutes of August 25, 1993 County_ Administrator's Comments: County Administrator: Board Acfion Reques~d: Staff recommends that the Board of Supervisors adopt a resolution to amend the August 25, 1993, Board minutes to revise the existing language "Accordingly, this ordinance shall be indexed in the names of the County of Chesterfield as grantor and EUNICE B. BROWNING and BERNARD RITCHIE ROANE, or their successors in title, as grantee.", to read "Accordingly, this ordinance shall be indexed in the names of the County of Chesterfield as grantor and EUNICE B. BROWNING, BERNARD RITCHIE ROANE, and DRW PROPERTIES or their successors in title, as grantee." Summary of Information: At the August 24, 1993, Board of Supervisors meeting, the Board of Supervisors adopted an ordinance to vacate lots 10 and 11 and a portion of Joe Avenue within "plat of R. L. Jones property" and McCormick Subdivision. It was the intent of the ordinance that fee simple title in the portion of Joe Avenue be vested in the adjoining property owners at the time of the adoption of the ordinance. The existing language is legally incorrect and the amendment of the above sentence will reflect the proper legal consequence of the action. District: Bermuda Attachments: Yes ~_~No Title: Right of Way ManaQer 166 Supervisors of Chesterfield County, Virginia to vacate a portion of a 20' right of way within a subdivision of land known as "Archers," BERMUDA Magisterial District, Chesterfield County, Virginia more particularly shown on a plat dated MARCH 16, 1882, recorded in the Clerk's Office of the Circuit Court of said County in Plat Book 1, Page 171. The portion of right of way petitioned to be vacated is more fully described as follows: A portion of a 20' right of way, approximately 300' west of Ecoff Avenue, within a subdivision of land known as "Archers", the location of which is more fully shown, on a plat by HARVEY L. PARKS, INC., dated APRIL 8, 1993, a copy of which is attached. WHEREAS, notice has been given pursuant to Section 15.1- 431 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the portion of right of way sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.1-482(b) of the Code of Virginia, 1950, as amended, the aforesaid portion of right of way be and is hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.1-482(b) of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the circuit Court of Chesterfield County, Virginia pursuant to Section 15.1-485 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.1-483 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title to the portion of right of way hereby vacated in the owners of the abutting properties, free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the County of Chesterfield as grantor and ROGER C. SMITH, RALPH A. SHORT and MARLENE A. SHORT, (husband and wife), BOBBY J. MARTINDALE, RICHARD A. WORKMAN and BARBARA M. WORKMAN, (husband and wife), ROBERT P. CUSHIONBERRY and RAE A. CUSHIONBERRY, (husband and wife), MAYNARD L. BOSHER and SANDRA R. BOSHER, (husband and wife), MARGARET C. WILLIAMS, ROBERT W. CLARK, SUSAN KAMPS, ANNE SHELDON, JOHN ELWOOD BOSWELL, MARJORIE ELAINE DEAN, and BERTHA HINSEN, or their successors in title, as grantee. Vote: Unanimous 15.I. TO CONSIDER AN ORDINANCE TO VACATE LOTS 10 AND 11 AND A PORTION OF JOE AVENUE, WITHIN "PLAT OF R. L. JONES PROPERTY" AND MCCORMICK SUBDIVISION, SECTION A Mr. Stith stated this date and time has been advertised for a public hearing to consider an ordinance to vacate Lots 10 and 11 and a portion of Joe Avenue, within "plat of R. L. Jones property" and McCormick Subdivision, Section A. He further stated staff recommends approval. 93-554 8/25/93 167 No one came forward to speak in favor of or against this ordinance. On motion of Mr. Colbert, seconded by Mr. Warren, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to EUNICE B. BROWNING and BERNARD RITCHIE ROANE, ("GRANTEE"), Lots 10 and 11 and a portion of Joe Avenue within "plat of R. L. Jones Property," and McCormick Subdivision, Section A, Matoaca Magisterial District, Chesterfield County, Virginia, both as shown on plats duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 2, Pages 152 and 153, and Plat Book 15, Page 55, respectively. WHEREAS, Mr. John Dollins, Agent for David T. Richardson, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate Lots 10 and 11, and a portion of Joe Avenue within "Plat of R. L. Jones Property," dated December, 1900, and McCormick Subdivision, Section A, dated July 28, 1965, Matoaca Magisterial District, Chesterfield County, Virginia more particularly shown on plats recorded in the Clerk's Office of the Circuit Court of said County in Plat Book 2, Pages 152 and 153, and Plat Book 15, Page 55, respectively. The lots, portion of right of way, and subdivision petitioned to be vacated are more fully described as follows: Lots 10 and 11, and a portion of Joe Avenue, the location of which is more fully shown on a plat by Rives Bros., dated December, 1900, a copy of which is attached; and McCormick Subdivision, Section A, the location of which is more fully shown on a plat by G. M. Whitman, Jr., CLS, dated July 28, 1965, a copy of which is recorded in Plat Book 15, Page 55. WHEREAS, notice has been given pursuant to Section 15.1- 431 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the lots, portion of right of way, and subdivision sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.1-482(b) of the Code of Virginia, 1950, as amended, the aforesaid lots, portion of right of way, and subdivision be and are hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.1-482(b) of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto, shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.1-485 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.1-483 is to destroy the force and effect of the recording of the portion of the plats vacated. 93-555 8/25/93 Accordingly, this Ordinance shall be indexed in the names of the County of Chesterfield as grantor and EUNICE B. BROWNING and BERNARD RITCHIE ROANE, or their successors in title, as grantee. Vote: Unanimous 15.J. TO CONSIDER GRANTING A LEASE OF REAL PROPERTY AT THE CHESTERFIELD COUNTY FAIRGROUNDS TO CENTRAL VIRGINIA MODEL RAILROADERS, LTD. FOR CONSTRUCTION OF A MODEL RAILROAD EXPOSITION BUILDING Mr. Hammer stated this date and time has been advertised for a public hearing to consider granting a lease of real property at the Chesterfield County fairgrounds to Central Virginia Model Railroaders, Ltd. for construction of a model railroad exposition building. He further stated the Fair Association supports granting the lease and staff recommends approval. No one came forward to speak in favor of or against this issue. On motion of Mr. Daniel, seconded by Mr. Colbert, the Board authorized the County Administrator to grant a lease of real property at the Chesterfield County fairgrounds to Central Virginia Model Railroaders, Ltd. for construction of a model railroad exposition building, subject to approval as to form by the County Attorney. (It is noted a copy of the agreement is filed with the papers of this Board.) Vote: Unanimous 15.K. TO CONSIDER AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1978, AS AMENDED, BY AMENDING AND REENACTING SECTION 14.1-28 RELATING TO ISSUANCE OF PARKING TICKETS AS OPPOSED TO SUMMONSES FOR VIOLATING DECAL LAWS Mr. Micas stated this date and time has been advertised for a public hearing to consider an ordinance relating to the issuance of parking tickets as opposed to summonses for violating decal laws. He further stated the General Assembly adopted legislation to allow the issuance of citations on uniform traffic summonses for violations of the local motor vehicle decal ordinance; that under the proposed ordinance, a person could avoid a court appearance by paying a $25 fine within 5 days of receiving the citation and if the ordinance is enacted, the County Treasurer is prepared to receive payments from violators prior to the scheduled hearing in court; that the License Inspector anticipates no additional costs other than the printing of the citation forms; that the Chesterfield County Police Department has agreed to this procedure; and that the public will be notified of the new procedure by a press release and by directions contained on the citation. He noted the ordinance would become effective 90 days after the date of adoption. Mr. George Beadles expressed concerns relative to the current $2 fee imposed for court cases which money is designated for Courthouse maintenance; that if the ordinance is adopted, less funds will go towards Courthouse maintenance; and stated he is in opposition to the proposed ordinance. There being no one else to address this ordinance, the public hearing was closed. on motion of Mr. Barber, seconded by Mr. McHale, the Board adopted the following ordinance: 93-556 8/25/93 169 VICINITY SKETCH PUBLIC HEARING: ORDINANCE TO VACATE LOTS 10 AND 11 AND A PORTION OF JOE AVENUE, WITHIN "PLAT OF R. L. JONES PROPERTY" AND MCCORMICK SUBDIVISION, SECTION A 38 MATOACA BEECHNUT ACRES O Ettrick Matoaca Rescue Co ~HICKORY HILL PARK NOWETA 170 171 jd CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page ~ of ! Meeting Date: July 27, 1994 Item Number: 8.C.21.a. Subject: Approval of Utilities Contract for Clark's Forge - Contract Number 92-0163 County Administrator's Comments: County Administrator: ~~ Board Action Requested: Staff recommends that the Board of Supervisors approve this contract and authorize the County Administrator to execute any necessary documents. Summa~ of Information: This project includes the extension of 3,684.71 L.F.± of 12" and 10" oversized wastewater lines. The developer is required to have an 8" wastewater line to serve his development, therefore, staff has requested the wastewater lines be oversized to provide service to the adjoining properties. In accordance with the ordinance, the developer is entitled to refunds for the cost of oversizing the wastewater lines. Developer: Contractor: G. B. S. Holding, Ltd. Coastline Contractors, Inc. Contract Amount: Estimated Total - Total Estimated County Cost: Wastewater (Oversizing) (Refund thru connections) Estimated Developer Cost Code: (Oversizing) District: Midlothian $260,369.00 $13,023.74 $247,345.26 5N-572VO-E4D Preparer: William O. Title: Engineerinq Supervisor Attachments: Yes ~ No CONTRACT NUMAR 92-0163 /- CLARK'S FORGE i74 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page ~ of ! Meeting Date: July 27, 1994 Item Number: 8.c.21.b. Subject: Approval of Utilities Contract for Jessup Meadows, Section A - Contract Number 93-0177 County_ Administrator's Comments: County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors approve this contract and authorize the County Administrator to execute any necessary documents. Summary of Information: This project includes the extension of 1,057.62 L.F.± of offsite 10" wastewater lines. The developer is required to have an 8" wastewater line to serve his development, therefore, staff has requested the wastewater lines be oversized to provide service to the adjoining properties. In accordance with the ordinance, the developer is entitled to refunds for the cost of the oversized and offsite wastewater lines. Developer: Contractor: Rudolph, Inc. Excalibur Construction Corporation Contract Amount: Estimated Total - Total Estimated County Cost: Wastewater (Oversizing) (Refund thru connections) Wastewater (Offsite) Estimated Developer Cost $154,962.00 $3,034.43 $i0,459.54 $141,468.03 Code: (Oversizing) (Of f site) District: Dale Preparer: William O. Wrigh~ Title: 5N-572VO-E4C 5N-572VO-E4D Engineering Supervisor Attachments: Yes ~-~ No CONTRACT NUMBER 93-0177 j ; ' GRAVELBROOK [ ~ J FARMS FARM ~ ~ ~= ~ e,";'~ '% · '~/////~ %~K SPRING I JESSUP MEADOWS, SECTION A 1"26 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: July 27. 199& Item Number: 8.c.22.a. Subject: Request Permission to Encroach within a 16' drainage easement across Lot 16, Hamlin Estates County_ Administrator's Comment~: County Administrator: Action Requested: Staff recommends that the Board of Supervisors grant Richard M. Ashley and Anita L. Ashley permission to fill and construct a brick wall and privacy fence within a portion of a 16' drainage easement; subject to the execution of a license agreement. Summary of Information: We have received an application from Richard M. Ashley. Environmental Engineering made an inspection of the property in respect to the zmprovements, and feels that the flow of water through the easement will not be affected. District: Bermuda Preparer: ~J~ ~ohn W. Harmon Attachments: Mes No Title: Riqht of Way Manaqer 1'77 VICINITY SKETCH REQUEST PErmISSION TO ENCROACH WITHIN A DRAINAGE EASEMENT ACROSS LOT 16 HAMLIN ESTATES RICHARD M ASHLEY & ANITA L ASHLEY SWOOD Kin§slanJ' )NW00D %TROMDAL~ · ' : 5/ilNGE i WOOD ACRES FARMS DENSEWOOD' HII CHESTERBROOK [ CENTRALIA FARM FIELD OR) CHESTEI~ STATION PARK F, ARMS'> ~NEOLA, WOOD DALE ~". ~owa.rd L. Vance *~ No. 1854 Date: ~'--~O-~e Scale: 1~' =*¢0' " - Job No.: I~/-"~ 501 Br~ch~y ~ad · Sure 1~ · Richmon~ ~inia 2~6 · ~571 · F~ 7~26~ 1514 ~ P~ ~ad · Richmond, ~nia ~ · ~2~ · F~ 2~7 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: July 27, 199~ Item Number: 8.c.22.b. Subject: Request Permission to Encroach within a 16' drainage easement across Lot 6, Block C, Mistwood Forest, Section 1 County. Administrator's Comments: County Administrator: Board Acfion Requested: Staff recommends that the Board of Supervisors grant James D. Booth permission for a portion of a deck to encroach within the easement and permission to construct a driveway across the easement to serve a garage; subject to the execution of a license agreement. Summary_ of Information: We have received an application from James D. Booth. Environmental Engineering made an inspection of the property in respect to the existing and proposed improvements and feels that the flow of water through the easement will not be affected. District: Matoaca John W. Harmon Attachments: Yes No Title: Riqht of Way Manaqer tSO VICINITY SKETCH REQUEST PERMISSION TO ENCROACH WITHIN A DRAINAGE EASEMENT ACROSS LOT 6 BLOCK C MISTWOOD FOREST SECTIO~ 1 BERMUDA PLACE BRYAN RIDGE OLD )REST GH. MOBILE HOMES TINSB! TRACE BERMU£ RUN APTS WALTHAL Exit.5 lount Minnis Memorial Park Research Labs 181 ROPER CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: OUl~r 27t 1994 Item Number: 8. c. 2 3. a. Su~ect: Authorization to Exercise Eminent Domain for the Acquisition of a Portion of a 50' Right of Way for the Ledo Road Paving Project County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors authorize the County Attorney to proceed with eminent domain on an emergency basis and exercise immediate right of entry pursuant to Section 15.1-238.1 of the Code of Virqinia, and that the County Administrator be instructed to notify the owner by certified mail on July 28, 1994, of the County's intention to take possession of the right of way. Summary of Information: On May 11, 1994 the Board of Supervisors authorized acquisition of right of way, including condemnation, if necessary, for the Ledo Road Project. On July 14, 1994, an offer of $20.00 was made by the Right of Way Office to Ms. Barbara Brandon, Tax Map #072-00-01-00-000-077 for the purchase of her one fifth interest in the 0.106 acres necessary for Virginia Department of Transportation to pave Ledo Road. This offer has not been accepted and no counteroffer has been made. In order to meet Virginia Department of Transportation requirements, it is necessary to proceed with eminent domain on an emergency basis for the health and safety of the public. Staff will continue to negotiate with the owner in an effort to reach a settlement. District: Matoaca Preparer~ ~J~~,~ ~ohn W. Harmon Title: Riqht of Way Manaqer Attachments: Yes No --'ICINITY SKETCH AUTHORIZATION TO EXERCISE EMINENT DO~IN FOR THE ACQUISITION OF A PORTION OF A 50' RIGHT OF WAY FOR THE LEDO ROAD PAVING PROJECT ~S BARBARA BRANDON Skinquarter ~, i: SKINQUARTER ,/ i! iilLEE PAGE i:. Grange ,, Hall ES CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: July 27, 1994 Item Number: 8. c. 2 3. b. Subject: Authorization to Exercise Eminent Domain for the Acquisition of a Portion of a 50' Right of Way for the Ledo Road Paving Project County_ Administrator's Comments: County Administrator: ~ Board Action Reques~d: Staff recommends that the Board of Supervisors authorize the County Attorney to proceed with eminent domain on an emergency basis and exercise immediate right of entry pursuant to Section 15.1-238.1 of the Code of Virqinia, and that the County Administrator be instructed to notify the owner by certified mail on July 28, 1994, of the County's intention to take possession of the right of way. Summary_ of Information: On May 1!, 1994 the Board of Supervisors authorized the acquisition of right of way, including condemnation, if necessary, for the Ledo Road project. On July 1, 1994, an offer of $100.00 was made by the Right of Way Office to Ms. Mahilda Elliott, Tax Map #072-00-01-00-000-026, 27 for the purchase of her one fifty fourth interest in the 1.602 acres necessary for Virginia Department of Transportation to pave Ledo Road. This offer has not been accepted and no counteroffer has been made. In order to meet Virginia Department of Transportation requirements, it is necessary to proceed with eminent domain on an emergency basis for the health and safety of the public. Staff will continue to negotiate with the owner in an effort to reach a settlement. District: Matoaca k/John W. Harmon Attachments: Yes ~_~No Title: Riqht of Way Manaqer vICINITY SKETCH AUTHORIZATION TO EXERCISE EMINENT DOMAIN FOR THE ACQUISITION OF A PORTION OF A 50' RIGHT OF WAY FOR THE LEDO ROAD PAVING PROJECT MS MAHILDA ELLIOTT Skinquarter ~ ,i I ]lah Granga Hall ES CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meeting Date: July 27, 1994 Item Number: 8. c. 2 4. Subject: Acceptance of a Conservation Easement and Easement for a nature park from Roslyn Farm Corporation County Administrator's Comments: County Administrator: Board Acfion Reques~d: Staff recommends that the Board of Supervisors accept a conservation easement and easement for a nature park from Roslyn Farm Corporation, and authorize the County Administrator to execute the easement agreements upon approval by the County Attorney. Summary of Information: Staff has been working with Roslyn Farm Corporation for several months regarding the development of walking trails and wildlife appreciation structures along Swift Creek within the Ruffin Mill Industrial Park development. Staff requests that the Board accept the conveyance of these easements. District: Bermuda ~/John W. Harmon Attachments: Title: RiQht of Way Manaqer VICINITY SKETCH ACCEPTANCE OF A CONSERVATION EASEMENT AND EASEMENT FOR A NATURE PARK FROM ROSLYN FARM CORPORATION ALONG SWIFT CREEK WITHIN RUFFIN MILL INDUSTRIAL PARK -"~hanne, I 1.')0 JORDAN .CONSUL TING ENGINEER~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: July 27, 1994 Item Number: 8. c. 2 5. a. Subject: Acceptance of a Parcel of Land along Cedar Springs Road County Administrator's Comments: County Administrator: Board Acfion Requested: Staff recommends that the Board of Supervisors accept the conveyance of a parcel containing 0.068 acres from Warren C. Marks and Charlotte F. Marks, and authorize the County Administrator to execute the necessary deed. Summa~ of Information: The dedication of this parcel is necessary for road improvements along Cedar Springs Road. District: Matoaca Attachments: Yes No Title: Right of Way Manager # 192 CRE K,. FAR Richmond ~[ i'~~ QUAL~ 194 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: July 27, 199~ Item Number: 8.c .25.b. Subject: Acceptance of a Parcel of Land along West Hundred Road from Virginia Truck Center of Richmond, Inc. County Administrator's Comments: County Administrator: Board Acfion Reques~d: Staff recommends that the Board of Supervisors accept the conveyance of a parcel of land containing 0.43 acres along West Hundred Road from Virginia Truck Center of Richmond, Inc., and to authorize the County Administrator to execute the necessary deed. Summary_ of Information: It is the policy of the County to acquire right of way whenever Dossible 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 Attachments: Yes No Title: Right of Way Manaqer VICINITY SKETCH ACCEPTANCE OF A PARCEL OF LAND ALONG WEST HUNDRED ROAD FROM VIRGINIA TRUCK CENTER OF RICHMOND INC 0.43 ACRES OLD STAG~ RIGGERS STATION RIVER WALTHALL CREEK -%. HARBOUR EAST VILLAGE Mil WALTHALL PARK PLA T NItOYYIIVG /:~OPO ~£D DED IC,4 TIOIV A CPO ~ ~ TIlL= P~Ot:'L=~:~ T 7' OF VIIe~ IIVIA TI?LICK CEAIT£~ OF R'ICttMOAID~ /HC. ~EWMUDA DI~ 7PICT CAIE ~ TE~:~FI~'£ L~ CO~'/v'T Y, P'i~:>~ IAI~A1 SCALE: AUSTIN BROOKENBROUGH & ASSOCIATES CONSULTING ENGINEERS / LAND SURVEYORS CHESTER , VIRGINIA 197 JOB + ~...R-/.~ Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA July 27, 1994 Item Number: Page ;[ of~- 8.C.l.b. Subject: Approval of By-laws for the Public-Private Partnership for Economic Development, Inc. County Administrator's Comments: CountyAdministrator: BoardAction Requested: Summary of Information: In order for the Public-Private Partnership to transact business, each locality has been asked to approve By-laws for the Partnership. Hanover, the City of Richmond and the Chamber of Commerce have approved the attached By-laws. Mr. Daniel has suggested that the By-laws be revised to require that 75% (three of four) of the localities and 75% (three of four) of the Metro Chamber approve any action by The Partnership. The existing By-laws permit action on ordinary matters so long as two members from both the public and private directors (two of four) approve the action. Extraordinary matters such as approval of the budget or hiring of the President require 75% approval from the public and private sector under the existing By-laws. Henrico County today is also considering revised By-laws as shown. Attachments: Yes D No County Attorney 0803:7178.1 (7050.7/)a;t~ o? 070 BYLAWS OF PUBLIC-PRIVATE PARTNERSHIP FOR ECONOMIC DEVELOPMENT, INC. ARTICLE I NAME The name of the corporation is Public-Private Partnership for Economic Development, Inc., hereinafter referred to as the "Corporation". ARTICLE II PURPOSES The purposes for which the Corporation is organized are as set forth in the Articles of Incorporation of the Corporation (the "Articles"). ARTICLE III MEMBERS The initial Members of the Corporation shall consist of the City of Richmond and the counties of Chesterfield, Hanover, and Henrico, and the Metropolitan Richmond Chamber of Commerce ("Metro Chamber"). There shall be one class of Members. Members shall not have a vote on any matter. Additional units of local government, may be added in accordance with Section 6.2. ARTICLE IV DIRECTORS 4.1 The initial Board of Directors to the Corporation's Articles of Incorporation shall serve through June 30, 1995, or until their successors are duly appointed. Thereafter, the governing bodies of the Counties of Chesterfield, Hanover, Henrico and the City of Richmond shall each appoint one of their elected representatives to serve as a member of 0800:7050.9 - 1- (7/27/94 B/S mtg) 071 the Board of Directors, for a one-year term. Likewise, effective July 1, 1995, the Metro Chamber shall appoint four representatives of its member organizations to serve on the Board of Directors for a one-year term. Directors shall be eligible for reappointmento The Directors shall serve without compensation; however, reasonable and appropriate expenses incurred in the conduct of the Corporation's business may be reimbursed. The Metro Chamber shall appoint one (1) additional representative to the Board of Directors for each additional unit of local government that becomes a Member of the Corporation. Directors shall cease to serve at the end of their terms, unless earlier removed by their appointing Member, and in the case of an elected official, if he or she ceases to be an elected official. The appropriate Member shall appoint a qualified replacement to fill the unexpired term of any Director. At any time that there are less than four local government Members eligible to participate in the affairs of the Corporation pursuant to Article XII of the Bylaws, the number of Metro Chamber directors entitled to vote shall be reduced to the number of local government directors eligible to vote. 4.2 The Board of Directors shall be the governing body of the Corporation and shall have full power and authority to conduct the business of the Corporation. 4.3 At its initial meeting and at each subsequent annual meeting, the Board of Directors shall elect a Chairman, Vice-Chairman, President and Chief Executive Officer, a Secretary and such additional officers as it deems necessary or desirable. 0800:7050.9 -2- (7/27/94 B/S mtg) , 07;g ARTICLE V COMMITYEES 5.1 The Standing Committees of the Board of Directors shall include but not be limited to the following: (a) Budget/Finance Committee. The Budget/Finance Committee shall consist of the Chairman and three Directors. The Budget/Finance Committee shall develop and recommend financial policies and procedures as well as the annual budget. It shall be responsible for creating accounting and investment controls governing the financial management of the Corporation. (b) Audit Committee. The Audit Committee shall consist of the Chairman and three Directors. The Audit Committee shall be responsible for internal audits of the Corporation's fiscal operations and shall perform such other tasks as are assigned to it from time to time by the Board of Directors. An audit of the books and records of the Corporation shall be conducted at least annually by a certified public accounting firm selected by the Audit Committee. 5.2 Other Committees. Ad Hoc Committees of the Board of Directors may be appointed by the Chairman to deal with specific, limited matters and shall dissolve upon completion of the assigned task. 5.3 All committees shall be composed of equal representation from private and public Members. 0800:7050.9 -3 - (7/27/94 B/S mtg) 073 ARTICLE VI MEETINGS OF BOARD OF DIRECTORS 6.1 The Board of Directors shall hold not less than four meetings during each fiscal year and shall hold such additional meetings, on call of the Chairman or any two Directors, as may be desirable or necessary. Written notice of not less than twenty-four hours (24) shall be given of all meetings and all such notices shall, as far as practicable, specify the business to be considered by the Board of Directors at such meetings; provided that such notice may be waived by written waiver executed in advance of any special meeting by any Director who is unable to attend such meeting. The Corporation's annual meeting shall be for the purpose of appointing committees, electing officers, adopting rules of procedure and such other business as is appropriate. 6.2 A majority of Directors shall constitute a quorum. Except as otherwise specifically provided, a majority vote of all Directors shall be necessary on all matters before the Board of Directors with such majority to include at least ~,::c, -:ote~ frc, m 75% of the Directors appointed by the Metro Chamber and ~,::o v~tes fr~m 75% of the Directors appoi ted by local government Members ,r,,,1,kl~A r, at,,l.n*, t-l{~a~l. ..... rl "7~0-/~ ,','F +h.,. ,-.,-~,,.,l.~ -rr ...........~,---. No additional public sector member shall be added without the unanimous approval of all public sector directors. 0800:7050.9 -4- (7/27/94 B/S mtg) 074 6.3 The Chief Administrative Officer of each local government Member of the Corporation and the Chief Administrative Officer of the Chamber shall be the voting alternate for such Member's representative or representatives on the Board of Directors when any such Director shall be unable to attend meetings. In addition, the Chairman of the Metro Chamber or the Vice Chairman, if the Chairman is a Director, may serve as a Except to the extent alternates voting alternate for one or more Chamber representatives. are provided for, there shall be no proxy voting. ARTICLE VII DUTIES OF OFFICERS 7.1 Chairman The Chairman shall preside at meetings of the Board of Directors, may vote, and shall serve on all committees as an ex-officio member without a vote. The Chairman shall represent the Corporation at official functions and ceremonial events and shall rule on any parliamentary disputes. The Chairman shall perform such other duties, consistent with these Bylaws, as may be voted by the Board of Directors. 7.2 Vice-Chairman The Vice-Chairman shall act in the absence or disability of the Chairman in all Corporation matters and shall perform such other duties, consistent with these Bylaws, as may be prescribed by the Board of Directors. 0800:7050.9 -5 - (7/27/94 B/S mtg) 0'75 7.3 President and Chief Executive Officer The President and Chief Executive Officer shall be the chief administrative officer of the Corporation, shall have such responsibilities as may be assigned to him or her by the Board of Directors from time to time, and shall serve at the pleasure of the Board. The Board may enter into an employment contract with the President and Chief Executive Officer. The Chief Executive Officer shall hire such other staff as is authorized by the Board of Directors and within the limits of the budget approved by the Board of Directors. 7.4 Secretary The Secretary shall prepare and be responsible for the minutes of all meetings of the Board of Directors and Committees and other nonfinancial records of the Corporation. The Secretary shall disseminate the minutes and other communications from the Board of Directors. 7.5 Officer Rotation The Chairman position shall rotate each year between the public and private sector. If the Chairman is from the public sector then the Vice-Chairman shall be from the private sector and vice versa. The Vice-Chairman shall automatically become Chairman at the expiration of the term of the preceding Chairman. In the event the Vice-Chairman who would have become the Chairman is unable to serve, the Board of Directors shall elect a Chairman in accordance with the rotation policy prescribed in this section. 0800:7050.9 -6- (7/27/94 B/S mtg) ARTICLE VIII SURETY BONDS Directors, officers or employees handling or having access to the funds or securities of this Corporation shall be bonded at the expense of the Corporation in such amount with such sureties as the Board of Directors may from time to time prescribe. ARTICLE IX MEETINGS 9.1 The initial annual meeting of the Directors shall be held on or about July 14, 1994, and, unless changed by the Board of Directors, the annual meeting of the Corporation shall be held thereafter at such time and place as the Board of Directors may prescribe, provided, however, that each Member shall be given ten (10) days notice thereof. 9.2 Roberts Rules of Order, as revised, shall govern the conduct of all meetings of the Corporation, the Board of Directors and its Committees whenever specific provisions of the Bylaws are not applicable. The Board of Directors may adopt Rules of Procedure governing conduct of meetings. 0800:7050.9 -7- (7/27/94 B/S mtg) ARTICLE X SERVICES TO THE CORPORATION The Corporation may rely upon Members to the extent feasible for any available services, such as legal advice, accounting services, purchasing, administrative and technical support. 1994, through June 30, 1995. and terminate on June 30. ARTICLE XI FISCAL YEAR The initial fiscal year shall run from the first meeting of the Board of Directors in Thereafter the fiscal year shall begin on July 1 of each year ARTICLE Xll PAYMENTS BY MEMBERS The local government Members collectively shall pay an amount equal to the contribution paid by the Metropolitan Richmond Chamber of Commerce. The total public sector contribution shall be approved by all local government directors subject to appropriation by each governing body. The payment due from each local government Member shall be the amount as determined by mutual agreement among the local government Members. For the 1995/1996 fiscal year each local government's annual payment shall be equal or as otherwise agreed by the localities. The local government Members shall confirm their agreement as to payment in writing to the Chairman and President as soon as practicable after it is agreed to or revised. Each Member shall make payment in four equal installments within thirty (30) days of billing. Should a Member fail to pay its share of the budget, it shall forfeit, until such payment is made in full, its right: 0800:7050.9 -8- (7/27/94 B/S mtg) ; (i) to vote on any matter that comes before the Board; (ii) to attend meetings or executive sessions; and (iii) to receive any other benefits inuring to Members of the Corporation. ARTICLE XIII ANNUAL REPORT The Corporation shall make a formal annual report at the conclusion of each fiscal year to the Metropolitan Richmond Chamber of Commerce and the governing bodies of the participating local governments containing a record of its activities and accomplishments, and an accounting of the funds expended. 0800:7050.9 -9- (7/27/94 B/S mtg) 079 BYLAWS OF PUBLIC-PRIVATE PARTNERSHIP FOR ECONOMIC DEVELOPMENT, INC. ARTICLE I NAME The name of the corporation is Public-Private Partnership for Economic Development, Inc., hereinafter referred to as the "Corporation". ARTICLE II PURPOSES The purposes for which the Corporation is organized are as set forth in the Articles of Incorporation of the Corporation (the "Articles"). ARTICLE III MEMBERS The initial Members of the Corporation shall consist of the City of Richmond and the counties of Chesterfield, Hanover, and Henrico, and the Metropolitan Richmond Chamber of Commerce ("Metro Chamber"). There shall be one class of Members. Members shall not have a vote on any matter. Additional units of local government, may be added in accordance with Section 6.2. ARTICLE IV DIRECTORS 4.1 The initial Board of Directors to the Corporation's Articles of Incorporation shall serve through June 30, 1995, or until their successors are duly appointed. Thereafter, the governing bodies of the Counties of Chesterfield, Hanover, Henrico and the City of Richmond shall each appoint one of their elected representatives to serve as a member of the Board of Directors, for a one-year term. Likewise, effective July 1, 1995, the Metro 0800:7050.7 -1- oso Chamber shall appoint four representatives of its member organizations to serve on the Board of Directors for a one-year term. Directors shall be eligible for reappointment. The Directors shall serve without compensation; however, reasonable and appropriate expenses incurred in the conduct of the Corporation's business may be reimbursed. The Metro Chamber shall appoint one (1) additional representative to the Board of Directors for each additional unit of local government that becomes a Member of the Corporation. Directors shall cease to serve at the end of their terms, unless earlier removed by their appointing Member, and in the case of an elected official, if he or she ceases to be an elected official. The appropriate Member shall appoint a qualified replacement to fill the unexpired term of any Director. At any time that there are less than four local government Members eligible to participate in the affairs of the Corporation pursuant to Article XII of the Bylaws, the number of Metro Chamber directors entitled to vote shall be reduced to the number of local government directors eligible to vote. 4.2 The Board of Directors shall be the governing body of the Corporation and shall have full power and authority to conduct the business of the Corporation. 4.3 At its initial meeting and at each subsequent annual meeting, the Board of Directors shall elect a Chairman, Vice-Chairman, President and Chief Executive Officer, a Secretary and such additional officers as it deems necessary or desirable. 0800:7050.7 -2- ARTICLE V COMMITTEES 5.1 The Standing Committees of the Board of Directors shall include but not be limited to the following: (a) Budget/Finance Committee. The Budget/Finance Committee shall consist of the Chairman and three Directors. The Budget/Finance Committee shall develop and recommend financial policies and procedures as well as the annual budget. It shall be responsible for creating accounting and investment controls governing the financial management of the Corporation. (b) Audit Committee. The Audit Committee shall consist of the Chairman and three Directors. The Audit Committee shall be responsible for internal audits of the Corporation's fiscal operations and shall perform such other tasks as are assigned to it from time to time by the Board of Directors. An audit of the books and records of the Corporation shall be conducted at least annually by a certified public accounting firm selected by the Audit Committee. 5.2 Other Committees. Ad Hoc Committees of the Board of Directors may be appointed by the Chairman to deal with specific, limited matters and shall dissolve Upon completion of the assigned task. 5.3 All committees shall be composed of equal representation from private and public Members. 0800:7050.7 -3 - 08: ARTICLE VI MEETINGS OF BOARD OF DIRECTORS 6.1 The Board of Directors shall hold not less than four meetings during each fiscal year and shall hold such additional meetings, on call of the Chairman or any two Directors, as may be desirable or necessary. Written notice of not less than twenty-four hours (24) shall be given of all meetings and all such notices shall, as far as practicable, specify the business to be considered by the Board of Directors at such meetings; provided that such notice may be waived by written waiver executed in advance of any special meeting by any Director who is unable to attend such meeting. The Corporation's annual meeting shall be for the purpose of appointing committees, electing officers, adopting rules of procedure and such other business as is appropriate. 6.2 A majority of Directors shall constitute a quorum. Except as otherwise specifically provided, a majority vote of all Directors shall be necessary on all matters before the Board of Directors with such majority to include at least two votes from Directors appointed by the Metro Chamber and two votes from Directors appointed by local government Members, except that an affirmative vote of 75% of the public sector directors and 75% of the private sector directors shall be required to elect new members, amend the Articles of Incorporation, amend the Bylaws, dissolve the Corporation, make a bulk transfer of the Corporation's assets, appoint or terminate the President and Chief Executive Officer, to incur debt other than debt incurred in the ordinary course, or approve the budget. No additional public sector member shall be added without the unanimous approval of all public sector directors. 0800:7050.7 -4- 083 6.3 The Chief Administrative Officer of each local government Member of the Corporation and the Chief Administrative Officer of the Chamber shall be the voting alternate for such Member's representative or representatives on the Board of Directors when any such Director shall be unable to attend meetings. In addition, the Chairman of the Metro Chamber or the Vice Chairman, if the Chairman is a Director, may serve as a Except to the extent alternates voting alternate for one or more Chamber representatives. are provided for, there shall be no proxy voting. ARTICLE VII DUTIES OF OFFICERS 7.1 Chairman The Chairman shall preside at meetings of the Board of Directors, may vote, and shall serve on all committees as an ex-officio member without a vote. The Chairman shall represent the Corporation at official functions and ceremonial events and shall rule on any parliamentary disputes. The Chairman shall perform such other duties, consistent with these Bylaws, as may be voted by the Board of Directors. 7.2 Vice-Chairman The Vice-Chairman shall act in the absence or disability of the Chairman in all Corporation matters and shall perform such other duties, consistent with these Bylaws, as may be prescribed by the Board of Directors. 0800:7050.7 -5- 0'"~4 7.3 President and Chief Executive Officer The President and Chief Executive Officer shall be the chief administrative officer of the Corporation, shall have such responsibilities as may be assigned to him or her by the Board of Directors from time to time, and shall serve at the pleasure of the Board. The Board may enter into an employment contract with the President and Chief Executive Officer. The Chief Executive Officer shall hire such other staff as is authorized by the Board of Directors and within the limits of the budget approved by the Board of Directors. 7.4 Secretary The Secretary shall prepare and be responsible for the minutes of all meetings of the Board of Directors and Committees and other nonfinancial records of the Corporation. The Secretary shall disseminate the minutes and other communications from the Board of Directors. 7.5 Officer Rotation The Chairman position shall rotate each year between the public and private sector. If the Chairman is from the public sector then the Vice-Chairman shall be from the private sector and vice versa. The Vice-Chairman shall automatically become Chairman at the expiration of the term of the preceding Chairman. In the event the Vice-Chairman who would have become the Chairman is unable to serve, the Board of Directors shall elect a Chairman in accordance with the rotation policy prescribed in this section. 0800:7050.7 -6- 085 ARTICLE VIII SURETY BONDS Directors, officers or employees handling or having access to the funds or securities of this Corporation shall be bonded at the expense of the Corporation in such amount with such sureties as the Board of Directors may from time to time prescribe. ARTICLE IX MEETINGS 9.1 The initial annual meeting of the Directors shall be held on or about July 14, 1994, and, unless changed by the Board of Directors, the annual meeting of the Corporation shall be held thereafter at such time and place as the Board of Directors may prescribe, provided, however, that each Member shall be given ten (10) days notice thereof. 9.2 Roberts Rules of Order., as revised, shall govern the conduct of all meetings of the Corporation, the Board of Directors and its Committees whenever specific provisions of the Bylaws are not applicable. governing conduct of meetings. The Board of Directors may adopt Rules of Procedure ARTICLE X SERVICES TO THE CORPORATION The Corporation may rely upon Members to the extent feasible for any available services, such as legal advice, accounting services, purchasing, administrative and technical support. 0800:7050.7 -7- OS~:~ ARTICLE XI FISCAL YEAR The initial fiscal year shall run from the first meeting of the Board of Directors in 1994, through June 30, 1995. Thereafter the fiscal year shall begin on July 1 of each year and terminate on June 30. ARTICLE XII PAYMENTS BY MEMBERS The local government Members collectively shall pay an amount equal to the contribution paid by the Metropolitan Richmond Chamber of Commerce. The total public sector contribution shall be approved by all local government directors subject' to appropriation by each governing body. The payment due from each local government Member shall be the amount as determined by mutual agreement among the local government Members. For the 1995/1996 fiscal year each local government's annual payment shall be equal or as otherwise agreed by the localities. The local government Members shall confirm their agreement as to payment in writing to the Chairman and President as soon as practicable after it is agreed to or revised. Each Member shall make payment in four equal installments within thirty (30) days of billing. Should a Member fail to pay its share of the budget, it shall forfeit, until such payment is made in full, its right: (i) to vote on any matter that comes before the Board; (ii) to attend meetings or executive sessions; and (iii) to receive any other benefits inuring to Members of the Corporation. 0800:7050.7 -8- 0S7 ARTICLE XIII ANNUAL REPORT The Corporation shall make a formal annual report at the conclusion of each fiscal year to the Metropolitan Richmond Chamber of Commerce and the governing bodies of the participating local governments containing a record of its activities and accomplishments, and an accounting of the funds expended. 0800:7o50.7 -9- 0~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: July 27, 1994 Item Number: Page 1 of 1 8.C.1.c. Subject: Approval of Resolution Providing for the Merger of the Metropolitan Economic Development Council into the Public-Private Partnership for Economic Development, Inc. and for the Transfer of Assets County Administrator's Comments: CountyAdministrator: BoardAction Requested: Summary oflnformation: Since 1977 the Metropolitan Economic Development Council (MEDC) composed of Chesterfield, Hanover, Henrico and Richmond has promoted economic development in the region. With the creation of the expanded Public/Private Partnership to enhance economic development efforts, MEDC has been asked to merge into the new partnership and to transfer its assets to the Public/Private Partnership. Under existing MEDC Articles of Incorporation and By-laws, the governing body of each member locality must approve the attached resolution before the merger and transfer of assets can be completed. Preparer: Attachments: County Attorney Yes # [ 12:19 '~$045437107 ~EDC RESOLUTION OF MIgTROPOL1TA_N I~CONOMIC DI~VEL, OP1VIENT COUNCIL CON CERNINk4 ASSETS, LIABILITI£S, AiN'I) DISSOLUTION WHF~ the Metropolitan Economic Development Council ("MEDC") was created in 1977 for the purpose of furthering economic development in the region; and 1~/~5', MI~DC was created as a corporation ~mprised of thc City of' Riclunond and the Counties of Chesteffidd, Hanover, and Her, rico; and WHYS, MEDC has fan~ioncd succesffully since its inception, but it h~ now been a~n~d that ~ ~en more effe~iw me~ of ~e~g econo~c d~opmcnt for the re,on w~d be to jo~ ~e ~sh~ess l~ders~p of~e ~ ~d ~¢ ~ gov~ents ~to a coopera6ve public-private eafi~; ~d 7f/-/ERF~S, a new corporation has been fonnexi to ¢anbody this entity; namely the Public-Private ?artner~hip for Economic Development, Inc. ("The partnership") and N"/-/~$ it is intended that the Parmership be the successor in i~terest to lVI~DC; 07/15 94 i2;49 ~003 ~8043437167 ~EDC N'OW 1. BE.£TJ?..E$OLFED that the Board of Directors of M. SDC recommends to its members, to wit the Counties of Chestertield, Hanover, and Heari¢o and the City of ~chraond, the following actions: A. That MEDC shall transfer all of its assets to ~e Partnership, and the Partnership shall assume all duties, liabilities, and obligatiom ofMEDC a~ set forth in the July 1, 1994 audited balance sheet of MEDC. B. That upon completion of this transfer of assets and assumption of duties, liabilities, and obligations, legal documents shall bo filed to end the corporate existence of 2. BE ITFURTHF.,R RE,gOLFED that upon approval ofthe foregoing actions by the governing bodies of all MEDC members, legal counsel fbr ~, in consultation with the Chairman, shall cause to be prepared, executed, delivered, and filed all legal documents necessary to take such actions. A tm~ copy Attest: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page ~ of ~ Meeting Date: July 27, 1994 Item Number: 9.A. Report On: Developer Water and Sewer Contracts Background: The Board of Supervisors has authorized the County Administrator to execute water and/or sewer contracts between the County and the Developer where there are no County funds involved. The report is submitted to the Board members as information. Summary of Information: The following water and sewer contracts were executed by the County Administrator: Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 89-0127 Lakepointe (Formerly The Lakes, Phase I) The Lakes on 360, Inc. General - J. H. Martin & Sons, Inc. Utility Piedmont Construction Water - Sewer - Clover Hill $68,135.45 $87,178.25 Prepared By: William O. Wright County Administrator:~z~ Attachments: Yes No Agenda Item July 27, 1994 Page 2 o Contract Number: Project Name: Developer: Contractor: Contract Amount: District: Contract Number: Project Name: Developer: Contractor: Contract Amount: District: Contract Number: Project Name: Developer: Contractor: Contract Amount: District: Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 90-0036 Paget Mid-Atlantic Builders, Inc. Bookman Construction Company Water - Sewer - Matoaca $33,001.00 $49,990.00 90-0257 Harvie Memorial Arena Skating Rink The Adanac Sports Management Ltd. Brians Water Tap Service Water - Midlothian $8,144.00 91-0073 Rivers Knoll J. B. McCutcheon, Jr., Inc. and Jeffrey T. Clark Chesterfield Utilities Water - Midlothian $5,600.00 92-0119 Carters Run Section 2 Robert C. Cornell White Contracting Company Water - Sewer - Bermuda $23,990.00 $25,810.00 Agenda Item July 27, 1994 Page 3 Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 93-0051 Taco Bell at Chesterfield Meadows Taco Bell Corporation Bookman Construction Company Water - Clover Hill $2,946.00 o Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 93-0097 The Lakes Access Plan The Lakes on 360, Inc. Castle Equipment Corporation Water - Clover Hill $29,262.20 Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 93-0125 Arbor Landing, Section 10 at Ironbridge Tate Terrace Realty Investors, Inc. Bookman Construction Company Water - Sewer - Bermuda $29,200.00 $37,925.00 o Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 93-0144 Brookstone, Section A Brookstone Associates R.M.C. Construction Company Water - Sewer - Midlothian $70,360.00 $75,275.00 Agenda Item July 27, 1994 Page 4 10. Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 93-0180 Chronos L. C. Office Building 600 Moorefield Park Drive Chronos L.C. Castle Equipment Corporation Water - Sewer - Midlothian $11,887.80 $2,551.00 tl. Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 93-0209 Taco Bell @ Harbour Pointe Shopping Center Taco Bell Corporation Lyttle Utilities, Inc. Water Clover Hill $8,570.00 ,, Meeting Date: July 27, 1994 CHESTERFIELD COUNTY BOARD OF SUPERVISORS REPORTS Item Number: Page 1 of__~_ Report On: Status of General Fund Balance, Reserve for Future Capital Projects, District Road and Street Light Funds, and Lease Purchases County Administrator: Attachments: Yes # BOARD MEETING DATE 07/111/94 CHESTERFIELD COUNTY GENERAL FUND BALANCE July 18, 1994 DESCRIPTION FY95 Budgeted Beginning Fund Balance~ A. MOU_.N_T BALANCE $21,415,900 * Peuding outcome of annual audit prucess. 203 CHESTERFIELD COUNTY RESERVE FOR FUTURE CAPITAL PROJECTS TRADITIONALLY FUNDED BY DEBT July 18, 1994 Board Meeting Date 11/22/89 12/13/89 06130190 06/13/90 06/27/90 06/27/90 Description FY89 Excess revenue FY90 Budgeted addition Designation from June 30, 1989 Fund Balance Purchase of land-Cogbill Road Purchase building at 6701 West Krause Road Budgeted addition of excess revenue Purchase medical building for future library site Funds to purchase land for park on Lake Chesdin Budgeted but not appropriated funds to purchase land for school and park sites Amount $2,119,900 $1,881,500 $1,500,000 ($630,000) ($400,000) $2,100,000 ($735,000) ($600,000) ($2,000,000) Balance $2,119,900 $4,001,400 $5,501,400 $4,871,400 $4,471,400 $6,571,400 $5,836,400 $5,236,400 $3,236,400 FOR FISCAL YEAR '91 BEGINNING JULY 1, 1990 12/12/90 Fill dirt for cover repair at Fort Darling Landfill 06/30/91 Budgeted addition from FY91 revenues 03/13/91 Designated but not appropriated funds to cover construction ($180,000) $4,000,000 ($1,8o6,8oo) $3,056,400 $7,056,400 $5,249,600 ; 04 contract for MH/MPJSA building if bonds are not sold in fall, 1991 FOR FISCAL YEAR '92 BEGINNING JULY 1, 1991 07/01/91 Regional Jail Authority as approved in the FY92 Adopted Budget (which will be reimbursed) 08/28/91 Provide funding for improvements at Northern Area Landfill to allow reallocation of General Fund dollars to recycling programs 08/28/91 Additional funding for Bon Air Library expansion 08/28/91 Add back MH/MR building funds which were previously deducted for construction 11/27/91 Appropriated funds for T.V. arraignment equipment but holding in reserve account until prices and all costs are confirmed 03/27/92 Add back funds previously deducted to purchase land for school and park sites 03~27~92 Funds designated for interest cost in FY94 due to accelerated 1988 School bond issue 04/08/92 Designated but not appropriated funds for CenterPointe Fire Station construction in FY95 ($1,000,000) ($315,000) ($275,500) $1,806,800 ($115,000) $2,000,000 ($1,400,000) ($2,314,800) $4,249,600 $3,934,600 $3,659,100 $5,465,900 $5,350,900 $7,350,900 $5,950,900 $3,636,100 FOR FISCAL YEAR '93 BEGINNING JULY 1, 1992 04/08/92 FY93 budget addition 04~08~92 FY93 Capital Projects (revenue sharing roads $500,000; indus- trial access $300,000; drainage $200,000) $2,600,000 ($1,000,000) $6,236,100 $5,236,100 04/08/92 04/08/92 05/13/92 07/22/92 07/22/92 08/31/92 09/09/92 09/09/92 Funds to convert Meadowdale Boulevard building into Hopkins Road Library Funds to construct lights along portions of Jefferson Davis Hwy Funding for emergency access for Millside subdivision contingent upon necessary right-of-way acquisition Funding for design phase of Jail Annex Funds to purchase Castlewood Budget Change Request to fund wetland study of property on Cogbill Road Supplement to finish improvements to intersection of River and Walkes Quarter roads Funds for Charter Colony Parkway ($1,386,500) ($500,000) ($8o,ooo) ($500,000) ($315,000) ($14,000) ($13,400) ($140,000) $3,849,600 $3,349,600 $3,269,600 $2,769,600 $2,454,600 $2,440,600 $2,427,200 $2,287,200 09/09~92 Sidewalk at Enon Library ($20,000) $2,267,200 11/12/92 11/24/92 12/09192 12/09/92 12/09/92 Designated and appropriated, if needed, funds to cover shortfall in construction of Public Safety Training Building Increase from FY92 Results of Operations Unappropriated funding for TV arraignment Appropriated $1,941,200 balance plus $661,550 addition from FY92 ending fund balance and use of funds previously appropriated for TV arraignment $115,000 for Jail Annex Unappropriated funds from 11/12/92 ($326,000) $661,550 $115,000 ($2,717,750) $139,980 $1,941,200 $2,602,750 $2,717,750 $0 $139,980 12/09/92 06~30~93 06~30~93 appropriation for construction of Public Safety Training Building Appropriated to cover shortfall in construction of Jail Annex Enon Library Sidewalk- project complete Funds which were not needed for the Public Safety Training Building. Interest on the bonds was sufficient to cover this appro- priation. ($139,980) $13,401 $186,020 $0 $13,401 $199,421 FOR FISCAL YEAR '94 BEGINNING JULY 1, 1993 05/12~93 Appropriated FY94 funds for Cedar Springs Rural Road addition (FY94 Secondary Road Improvement) 07/01/93 FY94 Budgeted Addition 07/01/93 FY94 Capital Projects 07/28/93 Appropriated funds to cover entire cost of Keithwood/Hylton Park Drainage project. 08~25~93 Supplemental revenue sharing match for FY93 to fund Ledo Road 09/08/93 Supplemental appropriation for Charter Colony Parkway 10/13/93 Transfer for Northern Area Landfill 11/23/93 Transfer from fund balance as per Section 18 of the FY94 Appropriations Resolution 11/23/93 Transfer for Phase I development of the Warbro Road Athletic Complex 12/15/93 Designation for John Tyler committment pending decision ($35,000) $3,500,000 ($2,793,000) ($80,700) ($200,000) ($91,000) ($370,000) $2,800,000 ($660,000) ($2,269,721) $164,421 $3,664,421 $871,421 $790,721 $590,721 $499,721 $129,721 $2,929,721 $2,269,721 $0 on Bond Referendum date. 04/27/94 Reduce designation for John Tyler Community College by $49,400 to $2,220,321 04/27/94 Designate funds in order to begin advance work needed to con- struct the Christmas Mother and County Warehouse (These funds will be returned after July 1) O5~25~94 Reduce designation for John Tyler Community College by $500,000 to $1,720,321 05~25~94 Transfer funds to begin repairs on the Ettrick/Matoaca and LaPrade branch libraries 06/08/94 Release funds designated for John Tyler Community College 06/08/94 Loan to Health Care Commission 06~22~94 Transfer to Midlothian Branch Library to fully fund project FOR FISCAL YEAR '95 BEGINNING JULY 1, 1994 07/01/94 FY95 Budgeted Addition 07/01/94 FY95 Capital Projects 07/01/94 Return funds advanced to begin construction on Christmas Mother Warehouse. $49,400 ($49,400) $500,000 ($500,000) $1,720,321 ($1,ooo,oo0) ($490,100) $4,850,000 ($3,675,000) $49,400 $49,400 $0 $500,000 $0 $1,720,321 $720,321 $230,221 $5,080,221 $1,405,221 $1,454,621 Prepared by Accounting Department June 30, 1994 Date Began 12/88 03/89 12/89 10/92 10/92 10/92 09/93 12/93 03/94 SCHEDULE OF CAPITALIZED LEASE PURCHASES Description APPROVED AND EXECUTED Airport State Police Hangar Additions County Warehouse Total Geographic Information System ("GIS") - Automated Mapping System Data Processing Equipment School Copier School Copier School Copier School Copier Real Property Lease/ Purchase School Computers and Printers TOTAL APPROVED AND EXECUTED Original Date Amount Ends 128,800 331,200 460,000 3,095,000 2,015,570 22,797 23,322 18,750 36,605 17,510,000 22,591 ,$23,204,635 12/00 1/98 1/95 9/97 lO/97 10/97 8/98 12/01 7/95 PENDING APPROVAL AND/OR EXECUTION None Outstanding Balance 06/30/94 83,595 214,958 298,553 1,760,000 56,332 15,534 17,315 13,681 32,502 16,545,000 22,591 $18,761,508 210 Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS REPORTS July 27, 1994 Item Number: Page 1 of 1 9oCo Report On: Roads Accepted into the State Secondary System County Administrator: Attachments: Yes ~ No DAVID R. GEHR COMMISSIONER COMMONWEALTH of VIR( IN IA DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND, 23219 June 20, 1994 Secondary System Addition Chesterfield County Board of Supervisors County of Chesterfield P. O. Box 40 Chesterfield, VA 23832 MEMBERS OF THE BOARD: As requested in your resolution dated April 27, 1994, the following addition to the Secondary System of Chesterfield County is hereby approved, effective June 20, 1994. ADDITION LENGTH MOUNT BLANCO, SECTION 4 Route 909 (Owl's Hollow) From 0.13 mile Northeast Route 886 to 0.19 mile Northeast Route 886 0.06 Mi Very truly yours, David R. Gehr Commissioner TRANSPORTATION FOR THE 21 ST CENTURY DAVID R. GEHR COMMiSSiONER COMMONWEALTH o[ VIRGINIA DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND, 23219 June 24, 1994 Secondary System Additions Chesterfield County Board of Supervisors County of Chesterfield P. O. Box 40 Chesterfield, VA 23832 MEMBERS OF THE BOARD: As requested in your resolutions dated March 23, 1994, the following additions to the Secondary System of Chesterfield County are hereby approved, effective June 24, 1994. ADDITIONS LENGTH FOREST VIEW, SECTION ONE Route 4504 (Birdbrook Drive) west Route 625 From Route 625 to 0.11 mile South- 0.11 Mi Route 4505 (Rollingside Drive) - From Route 4504 to 0.08 mile Northwest Route 4504 0.08 Mi Route 4506 (Frye Court) - From Route 4505 to 0.03 mile Southwest Route 4505 0.03 Mi FOREST VIEW, SECTION TWO Route 4505 (Rollingside Drive) From 0.08 mile Northwest Route 4504 to 0.22 mile Northwest Route 4504 O. 14 Mi Very truly yours, David R. Gehr Commissioner TRANSPORTATION FOR THE 21 ST CENTURY DAVID R. GEHR COMMISSIONER COMMONWEALTH o/' VIRGINIA DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND, 23219 July 6, 1994 Secondary System Additions Chesterfield County Board of Supervisors County of Chesterfield P. O. Box 40 Chesterfield, VA 23832 MEMBERS OF THE BOARD: As requested in your resolution dated November 10, 1993, the following additions to the Secondary System of Chesterfield County are hereby approved, effective July 6, 1994. ADDITIONS LENGTH KINGS LYNN Route 1010 (Kings Lynn Road) From 0.19 mile Southeast Route 1019 to 0.34 mile Southeast Route 1019 0.15 Mi Route 4188 (Broncroft Court) Northeast Route 1010 From Route 1010 to 0.09 mile 0.09 Mi Route 4189 (Radnor Forest Court) - From Route 1010 to 0.05 mile West Route 1010 0.05 Mi Very truly yours, David R. Gehr Commissioner TRANSPORTATION FOR THE 21 ST CENTURY Meeting Date: CHESTERFIELD COUNT~ BOARD OF SUPERVISORS AGENDA July 27, 1994 Item Number: Page 1, of i 10. Subject: EXECUTIVE SESSION County Administrator's Comments: CountyAdministrator: BoardAction Requested: Su mmar~ of Information: Executive session, pursuant to Section 2.1-344(A) (3), Code of Virginia, 1950, as amended, for consultation with legal counsel regarding acquisition of real estate for a public purpose in the Matoaca Magisterial District relating to parks and highway right-of- way. Preparer: Michael S. Golden Attachments: Yes ~ No Title: Director ~f Parks and Recreation MOTION: SECOND: DATE: RE: CERTIFICATION OF EXECUTIVE SESSION HELD IN CONFORMANCE WIT}! LAW WHEREAS, the Board of Supervisors has this day adjourned into Executive Session in accQrdance with a formal vote of the Board, and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS,' the Virginia Freedom of Information Act effective July 1, 1989, provides for certification that such Executive Session was conducted in conformity with law. NOW, THEREFORE, BE IT RESOLVED that the. Board of County Supervisors does hereby certify that to the best of each member's knowledge, i) only public business 'matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Executive Session to which this certification 'applies, and ii) only such public business matters as were identified in the Motion by which the Executive Session was convened were heard, discussed or considered by the Board. No member dissents from this certifi- cation. Vote: (by roll call) The Board being polled, tile vote was as follows: AYES: NAYS: ABSENT DURING VOTE: ABSENT DURING MEETING: **CERTIFIED~* CLERK TO THE BOARD Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA July 27, 1994 Item Number: Page 1 of.A ~.DDITION 10 .B. Subject: EXECUTIVE SESSION County Administrator's Comments: County Administrator: BoardAction Requested: Summary of Information: Executive Session, pursuant to § 2.1-344.A.7., Code of Virginia, 1950, as amended, for consultation with legal counsel regarding legal issues arising out of the renewal of the cable television franchise. 5teven L. Micas Attachments: Title: County Attorney 0603:7240.1 l # Yes V-~ No MOTION: SECOND: DATE: RE: CERTIFICATION OF EXECUTIVE SESSION HELD IN CONFORMANCE WITII LAW WHEREAS, the Board of Supervisors has this day adjourned into Executive Session in accQrdance with a formal vote of the Board, and in adcordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS,' the Virginia Freedom of Information Act effective Ju].y 1, 1989, provides for certification that such Executive Session was conducted in conformity with law. NOW, TIIEREFORE, BE IT RESOLVED that the. Board of County Supervisors does hereby certify that to the best of each member's knowledge, i) only public business 'matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Executive Session to which this certification 'applies, and ii) only such public business matters as were identified in the Motion by which the Executive Session was convened were heard, discussed or considered by the Board. No member dissents from this certifi- cation. Vote: (by roll call) The Board being polled, the vote was as follows: AYES: MAYS: ABSENT DURING VOTE: ABSENT DURING MEETING: **CERTIFIED~* CLERK TO THE BOARD Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA July 27, 1994 Item Number: Page ~.~..._ of ~- Subject: Consideration of Request of Comcast Cablevision of Chesterfield County, Inc. for a Renewal of its Cable Television Franchise and Adoption of Amendments to Chapter 7 of the County Code Related to Providing Cable Television Services in the County County Administrator's Comments: CountyAdministrator: BoardAction Requested: Summary of Information: This item was deferred from the June 22 meeting to allow Comcast and County staff to finalize the terms of the franchise documents, in particular clarifying how access charges for institutional network (INET) services will be calculated. Negotiations with Comcast have not been concluded at the time the agenda is being sent. As soon as Comcast's corporate position has been ascertained, we will deliver a more complete agenda item. Preparer: ,- Title: Steven L. Micas Attachments: Yes ~-~ No County Attorney 0603:7144.1(Agreeme~_t '~.Taa ~ C~rrtin~nfe 967a l) I# () ~ 009 FRANCHISE AGREEMENT This Agreement (the "Franchise Agreement") is made and entered into as of this ~ day of , 1994, by and between the County of Chesterfield ("County") and Chesterfield Cablevision, Inc. a corporation organized and existing under the laws of the Commonwealth of Virginia, and a wholly-owned subsidiary of Comcast Storer, Inc. (hereinafter "CCI"). WITNES SETH: WHEREAS, the County is authorized to grant, renew and deny franchises for the installation, operation and maintenance of cable systems and otherwise regulate cable television within the County's boundaries by virtue of federal and state statutes, by the County's police powers, by its authority over its public rights of way and by other County powers and authority; and WHEREAS, CCI is currently operating a cable system in the County pursuant to a fifteen (15) year franchise granted to CCI which shall expire 'on August 31, 1994; and WHEREAS, CCI has proposed a renewal of its franchise, offering to upgrade system facilities and to provide other benefits to the County, its residents and subscribers; WHEREAS, CCI has represented to the County that it has the ability to carry out its commitments, and has the financial, legal and technical qualifications to hold a County franchise; and WHEREAS, the County has concluded that CCI's proposal should be accepted and its franchise renewed subject to the requirements set forth below; NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereby agree as follows: 1. Definitions. Any term used in this Franchise Agreement shall have the same meaning set forth in Chapter ~ of the Code of the County of Chesterfield, entitled "Community Antenna Television Systems" (the "Cable Ordinance"), unless it is apparent from the context that it has a different meaning or unless such word is specifically defined herein° 2. Grant of Authori~ to Operate. 2.1 The County hereby grants to CCI the right and authority to engage in the business of operating and providing a cable system in the County and for that purpose to erect, install, construct, repair, replace, rebuild, reconstruct, maintain and retain in, on, over, under, upon, across and along any public ways such poles, wires, cable, fiber optics, conductors, ducts, conduit, vaults, manholes, amplifiers, appliances, attachments and other property as may be necessary or appurtenant to the cable system; and in addition, so to use, operate and provide similar facilities or properties rented or leased from other persons, firms or corporations, including but not limited to any public utility or other grantee franchised or permitted to do business in the County. 2.2 The service area for CCI's franchise shall extend to the territorial limits of the County. 0603:2740.1 2 - Draft: 3/21/94 011 2.3 This grant of authority to operate a cable system in the County and the right to use and occupy the public ways for the purposes herein set forth shall not be exclusive. The County reserves the right, at its discretion, to grant franchises under the terms of the Cable Ordinance to other cable operators. 2.4 CCI hereby accepts the franchise and warrants and represents that it has examined all of the provisions of the Cable Ordinance and this Franchise Agreement, accepts and agrees to all of the provisions contained therein, and agrees it will meet at the request of the County and negotiate in good faith concerning any modifications to this Franchise Agreement which the County may be authorized to request or otherwise secure under the Cable Consumer Protection and Competition Act of 1992 or any other amendments to the Cable Communications Policy Act of 1984 or the federal regulations promulgated thereunder. 2.5 CCI agrees that it shall at all times during the term of this franchise be subject to all lawful exercise of the police power of the County and to the absolute right of the County to maintain control over its streets and public ways, and to such reasonable regulations as the County shall hereinafter provide. The police power of the County may be exercised through amendment of the Cable Ordinance as well as through enactment of separate ordinances and regulations. 2.6 This grant of authority shall run for a term of fifteen (15) years, beginning upon the full execution of this Franchise Agreement (the effective date of the Franchise). 0603:2740.1 3 - Draft: 3/21/94 012 2.7 The authority granted herein, subject to the terms and conditions of this Franchise Agreement and the Cable Ordinance shall be known as the "Franchise". 3. Controlling Authorities. 3.1 This Franchise Agreement is subject to and shall be governed by all terms, conditions and provisions of the Cable Ordinance and any amendments thereto, in addition to the terms, conditions and provisions set forth herein. In the event of conflict and ambiguity between the Cable Ordinance, and any amendments thereto, and this Franchise Agreement, the Cable Ordinance, and amendments, unless preempted by federal law or regulation, shall control. 3.2 This Franchise Agreement is subject to and shall be governed by all requirements of the Cable Communications Policy Act of 1984, and the Cable Consumer Protection and Competition Act of 1992 and any amendments thereto, and other applicable local laws, ordinances and regulations. 4. Reservation of Rights. 4.1 The County reserves the right to adopt and incorporate by reference herein, any additional terms, conditions, or regulations as it shall find reasonably necessary in the lawful exercise of its powers. 4.2 It is explicitly understood that this Franchise Agreement may be amended in any manner necessary to comply with the franchise or licensing standards of the Commonwealth of Virginia or the requirements of federal law. 0603:2740.1 4 - Draft: 3/21/94 013 4.3 Additional regulations adopted by the County shall be incorporated into this Franchise Agreement and complied with by CCI within sixty (60) days of the date of adoption of such additional regulations. 4.4 The Franchise is subject to the right of the County: a. To require continuous service to the public in accordance with the terms of the Franchise through the entire period thereof. b. To impose such other regulations as may be determined by the County to be conducive to the health, safety, and welfare of and service to the public and the County. c. To control and regulate the use of its public ways and public places. CCI shall pay such part of the costs of improvement or' maintenance of the public ways and public places as shall arise from its use thereof and shall protect, defend and save the County harmless from all damages arising from CCI's use. d. Through its appropriately designated representatives, to inspect all construction or installation work performed subject to the provisiOns of this Franchise Agreement and the Cable Ordinance and make such inspections as it shall find necessary to insure compliance with the terms of this Franchise Agreement, the Cable Ordinance and other pertinent provisions of law. 5. Commitments by CCI. 5.1 CCI agrees to provide to the County Administrator copies of all petitions, applications, communications and reports submitted by CCI to the FCC or any other regulatory commission or agency having jurisdiction in respect to any matters materially 0603:2740.1 Draft: 3/21/94 -5- 014 affecting construction, operation, or regulation of its cable television system or services provided through its system. Copies of such material responses or any other communications from the regulatory agencies to CCI shall likewise be filed immediately on receipt with the County Administrator. 5.2 CCI commits itself to keeping pace with the state-of-the-art technology of the cable industry, and to maintain the highest degree of product availability, signal integrity, and system reliability. 5.3 CCI, upon signing this Franchise Agreement, shall submit a construction timetable, which shall become Exhibit B to this Franchise Agreement and shall become a part hereof, whereby CCrs cable system shall be fully activated, by July 1, 1997, to 750 MHz utilizing fiber to the feeder architecture. The upgrade shall include no more than eight (8) active units in any branch of the network. The system shall be deemed fully activated only when one hundred percent (100%) of the cable system within the County is capable of passing a spectrum of 50 to 750 MHz. The system also shall provide simultaneous reverse direction signal capacity for digital, audio and video signal transmission. The cable system shall be designed, spaced and constructed meeting, all NCT^ recommendations at full channel loading. The upgrade shall include complete replacement or appropriate modification of all cable passives and electronics in the cable system. 5.4 The cable system as installed shall provide the following services and shall possess the following technical capabilities: 0603:2740.1 - 6 - Draft: 3/21/94 015 a. Subscriber Network. The cable system, upon completion of reconstruction and rebuilding, shall have a fully activated capability of carrying outbound from the central distribution point at least one hundred ten (110) channels, and will carry programming on at least sixty (60) channels. b. Home Subscriber Terminal Equipment. CCI shall include in its upgrade state-of-the-art fully-addressable technology that is "user friendly". CCI shall make good faith efforts to eliminate subscriber complaints and confusion in attempting to integrate cable ready television sets, VCRs and the cable system converters. c. Feeder Cables. Each feeder cable and subscriber drop and associated amplifiers and electronic equipment shall be capable of transmitting at least one hundred ten (110) outbound television channels and be capable of passing in the reverse direction digital information from each subscriber. d. Two-Way Capabilities. The rebuilt system shall be designed and constructed such that reverse transmission can be implemented in any of its branches by the simple installation of plug-in return amplifier modules. e. Advanced Telecommunication Service. The system shall be designed, operated and maintained in order to support state-of-the-art telecommunication services and protocols such as high definition television CHDTV"), integrated services digital networks ("ISDN"), addressability and pay-per-view. 6. Services to Subscribers. 6.1 The cable television system to be installed by the CCI shall comply in all respects with the capacity, capability, customer service, and technical performance 0603:2740.1 - 7 - Draft: 3/21/94 requirements set forth in applicable federal rules and regulations, and any amendments thereto, unless required to meet more stringent requirements pursuant to this Agreement or the terms of the Ordinance° 6.2 CCI shall offer cable services as indicated below. CCI reserves the right during the franchise term to add new services and replace existing services or otherwise modify its channel lineup; but it shall maintain the mix, quality, and level of service, and the broad categories of video programming show below: a) Television broadcast signals; b) Educational television broadcast signals; c) Non-commercial governmental, educational and community access programming; d) Commercial and non-commercial local community programming; e) Sports programming; f) News and public affairs programming; g) Motion pictures; h) Programming for general entertainment. 6.3 Not less than thirty (30) days prior to completion of the rebuilding of the cable system under this Franchise, CCI shall submit to the County a schedule of the video and audioprogramming that is proposed to be offered on the cable subscriber system and the channel assignment for each. CCI shall afford the County at least thirty (30) days opportunity to comment on the proposed programming and channel assignments before finalizing the same and shall not thereafter add, substitute or delete 0603:2740.1 8 - Draft: 3/21/94 017 any programming or change or reposition any channel assignments without first affording the County at least thirty (30) days notice and an opportunity to comment on the proposed changes. 6.4 Once every year, CCI shall survey its subscribers to evaluate their programming interests and the quality of CCI's services and operations and provide the County with copies of the results of such surveys. 7. Services to the County. 7.1 In addition the general provisions of thc Cable Ordinance requiring grantees to include on their subscriber networks public, educational, and governmental access channels, CCI agrees to provide at no charge to the County, one (1) public safety channel that will be dedicated to the sole use of the County's public safety agencies. CCI will provide, if requested by the County at no charge to the County, scrambling equipment, descrambling converters, and facilities to support scrambled signal transmission on the home subscriber network of training materials. 7.2 CCI shall provide at no charge to thc County a means of interrupting all channels on the cable system to present emergency messages by public and law enforcement officials through broadcasts from the Public Meeting Room or through telephone communications received by CCI at an emergency number to be designated by CCI. 7.3 CCI shall dedicate at no charge to the County two (2) fiber optical lines throughout the entire extension of the subscriber system upgrade which shall be used for future institutional network purposes. 0603:2740.1 - 9 - Draft: 3/21/94 7.4 If requested by the County, CCI will provide at no charge to the County, scrambling and addressable control equipment for use by Chesterfield County Public Schools on the educational access channel. 7.5 CCI will install at no charge to the County as part of its system upgrade a return line from Manchester High School or some other designated location to CCI's headend and headend equipment which will allow television programming to originate from that location and broadcast over the educational access channel. 8. Franchise Fees. 8.1 During the term of the Franchise, CCI shall pay to the County for the use of its public ways, public places and other facilities, as well as the maintenance, improvements, and supervision thereof, and for the development of the use of the public channels by the County, an annual franchise fee in an amount equal to five percent (5%) of its annual gross revenues, unless a higher rate is allowed by federal law, in which case CCI shall, at the request of the County, meet and negotiate in good faith and so determine a fair and appropriate fee for the remaining term of the Franchise. CCI agrees that if it passes through the franchise fee to subscribers, it will pass through to subscribers no more than their proportionate share of the franchise fee. 9. Service Standards. CCI shall establish consumer service and grievance standards which shall be in compliance with Section of the Cable standards, CCI shall provide the following: 0603:2740.1 10 - Draft: 3/21/94 Ordinance. In addition to such 019 9.1 Office and Customer Service Access: CCI's office will be open for business at least 9 hours per day on weekdays and 4 hours on Saturdays. Customer service representatives will be available to answer incoming calls from 8:00 a.m. to 9:00 p.m. weekdays and from 9:00 a.m. to 1:00 p.m. on Saturdays. CCI's dispatchers will be on duty until midnight, seven days per week. After midnight, CCI's repair lines will be answered by a qualified answering service who will dispatch technicians during early hour emergencies. 9.2 Telephone Access: CCI shall not use an answering machine except under emergency circumstances. Customers will have live access to customer service representatives during business hours, except that CCI may utilize an audio response unit (ARU) for purposes of facilitating access to computerized customer information, such as billing account balances. To facilitate pay-per-view ordering, "800" numbers will be used. 10. Rates. CCI acknowledges that to the extent provided by federal and state law, the CCI shall maintain a copy of its County may regulate CCI's rates for cable service. current rate schedule on file with the County. 11. Liquidated Damages. 11.1 CCI understands and agrees that failure to comply with any time and performance requirements as stipulated in this Franchise Agreement or the Cable Ordinance will result in damage to the County, and that it is and will be impracticable to determine the actual amount of such 0603:2740.1 11 - Draft: 3/21/94 damage in the event of delay or nonperformance; therefore, the parties hereby agree to the liquidated damages specified below. The following amounts may be chargeable to the letter of credit required to be secured by the Cable Ordinance for the following concerns: a. Failure to complete system construction or reconstruction in accordance with this Franchise Agreement, unless the Board of County Supervisors by resolution specifically approves the delay, CCI shall pay five hundred dollars ($500.00) per day for each day, or part thereof, the delinquency continues. b. Failure to provide, upon written request, data, documents, reports or information, CCI shall pay fifty dollars ($50.00) per day for each day, or part thereof, that each violation occurs or continues; c. Failure to test, analyze and report on the performance of the system as required herein and in the Cable Ordinance, CCI shall pay one hundred dollars ($100.00) per day for each day, or part thereof, that such noncompliance continues; d. Failure to provide in a continuing manner the types of services set forth in this Franchise Agreement and the Cable Ordinance, unless the Board of County Supervisors specifically approves a delay or change or CCI has obtained modification of its obligation, CCI shall pay five hundred dollars ($500.00) per day for each day, or part thereof, that each noncompliance continues; 0603:2740.1 12 - Draft: 3/21/94 e. Thirty (30) days following adoption of a resolution by the Board of County Supervisors determining a failure of CCI to comply with operational, maintenance or technical standards, CCI shall pay five hundred dollars ($500.00) per day for each day, or part thereof, that such noncompliance continues; and f. For breach of any service standards, CCI shall pay one hundred dollars ($100.00) per day for each day or part thereof, that such noncompliance continues. A breach shall be interpreted to mean that the County has evidence of repetitive failure to comply with the service standards. 11.2 If the County Administrator belives that CCI is liable for liquidated damages pursuant to this section, the procedures established in section of the Cable Ordinance shall be followed. 12. Representations and Warranties. 12.1 CCI acknowledges that all improvements, upgrades and services which 'are outlined in this Franchise Agreement are provisions which have been proposed by CCI, are being undertaken by CCI voluntarily as prudent business investments and decisions, and which are not being required or demanded by the County as a condition to receiving a renewal of its franchise. 12.2 CCI by acceptance of the Franchise acknowledges that it has not been induced to enter into the Franchise by any understanding or promise or other statement whether oral or written by or on behalf of the County or by any other third 0603:2740.1 - 13- Draft: 3/21/94 person concerning any term or condition of the Franchise not expressed herein or in the Cable Ordinance. 12.3 CCI represents and warrants that it has the power and authority to enter into this Franchise Agreement and the Franchise by and through the representative who has signed this Agreement on its behalf and that it has the power and ability to do all the acts required of it. 12.4 CCI has not misrepresented or omitted materials facts, has not entered into this Agreement or the Franchise with the intent to act contrary to their provisions, and represents and warrants that, so long as it operates the cable system, it will be bound by the terms and conditions of this Agreement and the Franchise. 13. Severability. If any section or provision of this Franchise Agreement or any ordinance, law or document incorporated herein by reference is held by a court of competent jurisdiction to be invalid, unconstitutional or unenforceable, such holding shall be confined in its operation to the section or provision directly involved in the controversy in which such holding shall have been rendered and shall not in any way affect the validity or any other section or provision hereof, and the parties shall in good faith renegotiate that section or provision. 14. Miscellaneous. Paragraph headings shall have no legal significance. This Agreement may be executed in counterparts, each of which shall be deemed on original. 0603:2740.1 - 14- Draft: 3/21/94 IN WITNESS WHEREOF, the parties hereto have executed this Franchise Agreemem as of the day and year first written above. COUNTY OF CHESTERFIELD, VIRGINIA Approved as to form: By: County Administrator Assistant County Attorney CHESTERFIELD VIRGINIA, INC. CABLEVISION OF By: President 0603:2740.1 Draft: 3/21/94 15- AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD., 1978, AS AMENDED, BY AMENDING AND REENACTING CHAPTER 7 RELATING TO COMMUNITY ANTENNA TELEVISION SYSTEMS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Chapter 7 of the Code of the Coun~ of Chesterfield, 1978, as amended, is amended and reenacted to read as follows: Article I. Definitions and Application. § 7-1. § 7-2. § 7-3. § 7-4. Definitions. Grant of Authority. Acceptance of Terms - Limits on a Grantee's Recourse. Applications for Franchise. Article II. Franchise Conditions § 7-5. § 7-6. § 7-7. § 7-8. § 7-9. § 7-10. § 7-11. § 7-12. § 7-13. § 7-14. Franchise Term. Franchise Fee. Renewal of Franchise. Insurance - Indemnity. Letter of Credit. Liquidated Damages. Books and Records. Construction Schedule and Reports. Annual Reports. Subscriber Fees and Rates. Article III. Franchise Transfer or Revocation. § 7-15. § 7-16. § 7-17. § 7-18. § 7-19. Franchise Transfer. Franchise Revocation. Receivership. Transfer of Ownership to County. Right of County to Assign Purchase Rights. 2078.1 (7/28/94 B/S) -1- 025 § 7-20. § 7-21. § 7-22. § 7-23. § 7-24. § 7-25. § 7-26. § 7-27. § 7-28. § 7-29. § 7-30. § 7-31. § 7-32. § 7-33. § 7-34. § 7-35. § 7-36. § 7-37. Article IV. Systems Operation. Initial Franchise Area. Intercormection. Extension of Service Facilities. System Description. Operational Requirements. Customer Service Standards. Customer Service Performance Reports. Tests and Performance Monitoring Performance Evaluation Sessions. Conditions of Street Occupancy. Article V. General Provisions. Protection of Privacy. Unlawful Use of System. Compliance with State and Federal Law. Unlawful Acts; Penalties. Special License. Time Deemed Essence of Agreement. Rights Reserved to the County. Designation of County Administrator as Enforcing Official. 2078.1 (7/28/94 B/S) Article I. Definitions and Application. Sec. 7-1. Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Basic standard service. The level of service provided to subscribers by grantee over its cable system which includes all programming except premium movie channels and pay-per-view programming. Cable service. The one-way transmission to subscribers of (i) video programming, or (ii) other programming service, and subscriber interaction, if any, which is required for the selection of such video programming or other programming service. Community antenna system, cable television system or cable system. Terms used interchangeably which mean any facility consisting of a set of dosed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within the county, except that such definition shall not include: (1) any system which serves only subscribers in one or more multiple unit dwellings under common ownership, control or management, unless such facility or facilities uses any public right-of-way; or (3) a facility that serves only to retransmit the television signals of one or more television broadcast stations, (4) a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, 47 U.S.C. Section 201 et seq., except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers, or (5) any facilities of any electric utility used solely for operating its electric utility systems: Converter. An interface device which may be furnished to subscribers in order that non-standard television channels carried on a cable system may be received on a conventional home television receiver or to prevent interference from strong broadcast signals. Fair market value. The price that a willing buyer would pay to a willing seller for a going concern based on the system valuation and sale multiples prevailing in the industry at the time, but with no value allocated to the franchise itself. Franchise. The non-exclusive rights granted hereunder to construct and operate a cable television system along the public ways in the county, or within specified areas (7/28/94 B/S) in the county, and is not intended to include any license or permit required for the privilege of transacting and carrying on a business within the county as may be required by other ordinances of the county. Franchise agreement. The written agreement entered into directly with a grantee by the County which grants a cable system operator the right to provide cable service in the County. Franchise documents. The franchise documents shall consist of this ordinance and the franchise agreement. Gross subscriber revenues. All cash, credits, property of any kind or nature, or other consideration received directly or indirectly by a grantee, or from any source whatsoever, arising from or attributable to or in any way derived from the operation of its cable system within the county, including, but not limited to, all cable and noncable communication service fees, pay television and pay-per-view fees, leased channel fees, converter rentals or sales, studio rentals and advertising revenues, without any deduction whatsoever, except that gross revenues shall not include converter deposits, refunds to subscribers by a grantee, bad debts or receipts from sales or use taxes or any other tax that a grantee collects on behalf of any taxing authority. Net profit. The amount remaining after deducting from gross revenues all of the actual, direct and indirect, expenses associated with operating the cable television system including the franchise fee, interest, depreciation and federal or state income taxes. Noncable communications services. All services offered over a cable system that go beyond providing generally available video programming or other programming 'are not cable services. Noncable communications services include private line data transmission or voice communications that compete with services provided by telephone companies. In general, services providing subscribers with the capacity to engage in transactions or to store, transform, forward, manipulate or otherwise process information or data would not be cable services. Examples of noncable services would include, but not be limited to, shop-at-home and bank-at-home services, electronic mail, one-way and two-way transmission of nonvideo data and information not offered to all subscribers, data processing, video conferencing and all-voice communications. Public way. The surface, the air space above the surface, and the area below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard, drive or other public right-of-way including public utility easements or rights-of-way, and any temporary or permanent fixtures or improvements located thereon now or hereafter held by the county which shall entitle the county and the grantee to the use thereof for the purpose of installing and maintaining the grantee's cable television system. 2078.1 4 - (7/28/94 B/S) Sec. 7-2. Grant of Authority After a public hearing and upon such conditions as shall be established by the board, the board is authorized to grant one or more non-exclusive franchises conveying the right to construct and operate a cable television system within the public ways of the county. Franchises will be granted to the applicants which in the board's judgement will best serve the public interest, and who have demonstrated the financial, technical, and legal qualificatiom to fulfill the conditions set forth in this chapter and in the franchise agreement. However, no provision of this chapter shall be deemed or construed as to require the board to grant a franchise following receipt of any franchise application. Sec. 7-3. Acceptance of Terms - Limits on a grantee's recourse. (a) A grantee agrees by the acceptance of a franchise to accept the validity of the terms and conditions of this chapter and the franchise in their entirety and that it will not, at any time, proceed against the county in any claim or proceeding challenging any term or provision of this chapter or the franchise as unreasonably, arbitrary or void or that the county did not have the authority to impose such term or condition at the time the franchise was awarded or renewed. (b) A grantee, by accepting a franchise, shall acknowledge that it has not been induced to accept the franchise by any promise, oral or written, by or on behalf of the county or by any third person regarding any term or condition of this chapter or the franchise not expressed therein. A grantee further shall pledge that no promise or inducement, oral or written, has been made to any county employee or official regarding receipt of a cable television franchise. (c) A grantee shall further acknowledge by acceptance of a franchise that it has carefully read the terms and conditions of this chapter and the franchise agreement and except as may otherwise be provided in the franchise agreement accepts without reservation the obligations imposed by the terms and conditions regardless of whether the obligations are contained herein or in the franchise documents. (d) A grantee shall not apply for any waivers, exceptions or declaratory rulings from the Federal Communications Commission or any other federal or state regulatory agency without informing the county administrator and providing copies of all documentation. 2078.1 (7/28/94 B/S) -5- Sec. 7-4. Applications for Franchise (a) All applications for a franchise or renewal of an existing franchise shall be submitted to the board, or its designee, on a written application form supplied by the board or in such other form as the board may request. The application shall provide facts and information the board deems appropriate. Applications shall be accompanied by a non-refundable application fee of $500 to offset direct expenses incurred in the franchising and evaluation procedures. (b) Any applicant who is granted a non-exclusive franchise or renewal of an existing franchise shall, in addition to the non-refundable fee specified herein-above, pay to the county upon acceptance of the franchise, $15,000. Such non-refundable payment shall be used to offset any direct costs incurred by the county and not defrayed by the application fee provided for herein. (c) A franchise application or proposal for renewal shall include a description of the cable system design and a description of programming and cable services offered, or to be offered including optional premium cable services, a description of facilities proposed for local origination programming, and facilities offered or to be offered to various community institutions. Article II. Franchise Conditions. Sec. 7-5. Franchise term. The term of the franchise shall be not more than fifteen Years from the date the franchise is accepted by the grantee by written agreement with the county. The board may renew the grantee's franchise for a period of time not inconsistent with the then applicable law. Sec. 7-6. Franchise fee. (a) The grantee shall pay to the county, in consideration of the granting of the franchise to use the public ways for the operation of a cable television system, a percentage of its annual gross revenues during the period of its operation under the franchise not to exceed five percent (5%). (b) The grantee shall file with the county, within forty-five (45) days after the expiration of each of the grantee's fiscal quarters, a financial statement clearly showing the gross subscriber revenues received by grantee during the preceding quarter. Payment of the quarterly portion of the franchise fee shall be payable to the county at the time such statement is filed. 2078.1 6 - (7/28/94 B/S) 03O (c) The county shall have the right at its sole cost to inspect the grantee's income records and audit any amounts determined to be payable under this chapter provided, however, that such audit shall take place within twelve months following the dose of each of the grantee's fiscal years. Any additional amount due the county as a result of the audit shall be paid within thirty days following written notice to the grantee by the county which notice shall include a copy of the audit report. Notwithstanding the above, the cost of such audit shall be borne by the grantee if it is properly determined that the grantee's annual payment to the county for the preceding year is increased thereby by more than three percent (3%). (d) In the event that any franchise payment or recomputed amount is not made on or before the applicable dates heretofore specified, there shall be assessed a penalty of five percent (5%) of the amount due and interest shall be charged from such due date at the annual rate of eight percent (8%). (e) In the event the franchise is terminated prior to its expiration date, the grantee shall file with the county, within forty-five (45) days of the date a financial statement clearly showing the gross subscriber revenues received by grantee since the end of the previous fiscal quarter. The grantee shall pay the franchise fee due at the time such statement is filed. Sec. 7-7. Renewal of franchise. (a) A franchise may be renewed by the county or upon application of a grantee pursuant to procedures set forth in applicable federal law. (b) In the event the county decides not to renew the franehise, it shall have the right, on the expiration date of the franchise, either to purchase the assets of the grantee's cable system at its then fair market value or, consistent with the provisions of section 7-2, select a new grantee, after a full public proceeding, and cause such new grantee to take the assets at fair market value. Sec. 7-8. Insurance - Indenmi_ty. (a) At all times during the term of the franchise, including the time for removal of facilities or management as a trustee pursuant to Sec. 7-18, the grantee shall obtain, pay all premiums for, and file with county written evidence of payment of premiums and executed copies of the following: A general comprehensive public liability policy indemnifying, defending and saving harmless the county, its officers, boards, commissions, agents or employees from any and all claims by any person whatsoever on account of injury to or death of a person or 2078.1 (7/28/94 B/S) person occasioned by the operations of the grantee under the franchise herein granted or alleged to have been so caused or occurred with a minimum liability of One Million Dollars ($1,000,00) per personal injury or death of any one person and Two Million Dollars ($2,000,000) for personal injury or death of any two or more persons in any one occurrence. (2) Property damage insurance indemnifying, defending, and saving harmless the county, its officers, boards, commissions, agents and employees from and against all claims by any person whatsoever for property damage occasioned by the operation of grantee under the franchise herein granted or alleged to have been so caused or occurred with a minimum liability of Five Hundred Thousand Dollars ($500,000) for property damage to the property of any one person and One Million Dollars ($1,000,000) for property damage to the property of two or more persons in any one occurrence. (3) Copyright infringement insurance, indemnifying, defending, and saving harmless the county, its officers, boards, commissions, agents, and employees from and against all claims of any person whatsoever for copyright infringement occasioned by the operation of the grantee under the franchise herein granted or alleged, to have been so caused or occurred with a minimum liability of One Million Dollars ($1,000,000) for the infringement of said copyrights. (4) A performance bond running to the County with good and sufficient surety approved by the County in the sum of One Hundred Thousand Dollars ($100,000) conditioned upon the faithful performance and discharge of the obligations imposed by this chapter and the franchise awarded hereunder from the date thereof. At such time as the Grantee completes a significant portion of its obligation to service a percentage of the occupied dwelling units in the County, the Grantee may petition the Board to reduce the amount of the performance; provided, however, that such bond shall not be reduced below $50,000. (b) The bond and all insurance policies called for herein shall be in a form satisfactory to the county attorney and shall require thirty days written notice of any cancellation to both the county and the grantee. The grantee shall, in the event of any such cancellation notice, pay all premiums for, and file with the county, written evidence of payment of premiums, duplicate copies of any insurance so canceled within thirty days following receipt by the county or the grantee of any notice of cancellation. 2078.1 8 - (7/28/94 B/S) 032 (c) The grantee shall, at its sole cost and expense, indemnify and hold harmless the county, its officials, boards, commissions, agents and employees against any and all claims, suits, causes of action, proceedings and judgments for damage arising out of the operation of the cable television system under the franchise. These damages shall include but not be limited to penalties arising out of copyright infringements and damages arising out of any failure by grantee to secure consents from owners, authorized distributors or licensees of programs to be delivered by the grantee's cable television system whether or not any act or omission complained of is authorized, allowed, or prohibited by the franchise. Indemnified expenses shall include, but not be limited to, all out-of-pocket expenses, such as attorney fees, and shall also include the reasonable value of any necessary services rendered by the county attorney or his assistants or any employees of the county. This provision shall not apply to claims for damages arising out of any actions taken by or omissions of the county, its officials, boards, commissions, agents and/or employees. (d) No recovery by the county of any sum by reason of the bond required in this chapter shall be any limitation upon the liability of the grantee to the county under the terms of this chapter except that any sums so received by the county shall be deducted from any recovery which the county shall establish against the grantee under the terms of this chapter. Sec. 7-9. Letter of Credit. (a) Within thirty (30) days after the award or renewal of a franchise, the grantee shall deposit with the county an irrevocable letter of credit in a form satisfactory to the county attorney in the amount of twenty-five thousand dollars ($25,000) issued by a federally insured commercial lending institution acceptable to the City. The letter of credit shall be used: (1) To insure the grantee's compliance with the terms and conditions of this ordinance and its franchise; and (2) To insure the grantee's payment of any liabilities arising out of the construction, operation or maintenance of the cable system, including the payment of liquidated damages pursuant to Section 7-10. (b) The letter of credit shall contain the following endorsement: "At least sixty (60) days' prior written notice shall be given to the county by the finandal institution of any intention to cancel, replace, fail to renew, or materially alter this letter of credit. Such notice shall be given by certified or registered mail to the county attorney." 2078.1 9 - (7/28/94 B/S) (c) The letter of credit may be drawn upon by the county by representation of a draft at sight on the lending institution, accompanied by a written certificate signed by the county administrator certifying that the grantee has filed to comply with this ordinance, its Franchise or any other order, permit or direction of the county relating to this ordinance or the Franchise stating the specific reasons therefor, and stating the basis for the amount begin drawn. (d) The grantee shall agree to structure the letter of credit in such a manner so that if the county draws upon the letter of credit, the grantee will replenish the letter of credit to a minimum new balance of seventy-five thousand dollars ($75,000). The intent of this subsection is to ensure that the amount of credit available to the county shall at no time fall below seventy-five thousand dollars ($75,000), after the initial draw. (e) The letter of credit shall become the property of the county in the event that the franchise is canceled by reason of the default of the grantee. The letter of credit shall be retained by the county and returned to the grantee at the expiration of the franchise provided there is then no outstanding default on the part of the grantee. (f) The rights reserved to the county with respect to the letter of credit are in addition to all other rights of the county, whether reserved by this ordinance, a Franchise or otherwise authorized by law, and no action, proceeding or right with respect to the letter of credit shall affect any other right the county has or may have. Sec. 7-10. Liquidated damages. (a) Notwithstanding any other remedy provided for in this chapter, the franchise or otherwise available under law, the county shall have the power to recover monetary amounts from a grantee under certain conditions, such monetary amounts being in the nature of liquidated damages, provided the county first complies with the notice requirements of subsection (d) herein. (b) By acceptance of a franchise, a grantee understands and agrees that failure to comply with any time and performance requirements as stipulated in this chapter and the franchise will result in damage to the county, and that it is and will be impracticable to determine the actual amount of such damage in the event of delay or nonperformance; the grantee further agrees that liquidated damages may be incurred by the grantee for the following concerns: (0 Failure to complete system construction or reconstruction, unless the board specifically approves the delay by resolution; 2o78.~ 10 - (7/28/94 B/S) O34 (2) Failure to provide, upon written request, data, documents, rep°rts or information as required by Sections 7-11, 7-12, 7-13, 7-26, and 7-27; (3) Failure to provide in a continuing manner the types of services proposed in an accepted application or renewal proposal unless the board specifically approves, by resolution, a delay or change or the grantee has obtained modification of its obligation, all changes in programming excluded; (4) Failure of grantee to comply with operational, maintenance or technical standards as required by Sections 7-22, 7-23, 7-24, and 7- 29; and (5) For breach of any service standards as required by Section 7-25. (c) The grantee shall pay two hundred dollars ($200.00) per day or part thereof for each day one of the delinquencies set forth in subsection (b) continues, and shall be chargeable to the letter of credit required under Section 7-9. (d) If the county administrator, following forty-five (45) days' written notice to a grantee to cure any problem that might result in liquidated damages, concludes that a grantee has not corrected the violation or has failed to diligently commence and pursue corrective action, he shall issue to the grantee by registered or certified mail a notice of intention to assess liquidated damages. The notice of intention to assess shall set forth the basis of the assessment and shall inform the grantee that liquidated damages will be assessed from the date of the notice of intention to assess unless the assessment notice is appealed for hearing before the board and the board rules that the violation has been corrected or that an extension of time or other relief should be granted. A grantee desiring a hearing before the board shall send a written notice of appeal by registered or certified mail to the county administrator within five .(5) days of the date of the notice of intention to assess liquidated damages. The hearing on the grantee's appeal shall be held within thirty (30) days of the date of the notice of intention to assess liquidated damages. Unless the board indicates to the contrary, the liquidated damages shall be assessed beginning on the date of the notice of intention to assess and continuing thereafter until such time as the violation ceases, as determined by the county administrator in his sole discretion. Sec. %11. Books and Records. All books and records of the grantee concerning its operations within the county, which are relevant to the County's regulatory authority shall be made available for inspection and audit by the county within thirty days after such request has been made. 2o%.~ 11 - (7/28/94 ~/s) The grantee shall file with the director of utilities accurate maps or plats of all existing and proposed installations within the county. Such maps and plats shall conform to the requirements of the director of utilities and shall be kept continuously up to date. Sec. 7-12. Construction schedule and reports. (a) Upon accepting a franchise, the grantee shall, within ninety (90) days, file the documents required to obtain all necessary federal, state and local licenses, permits and authorizations required for the conduct of its business, and shall submit monthly reports to the county administrator on progress in this respect until all such documents are in hand. (b) The grantee shall submit a construction plan or reconstruction plan for its system which shall be incorporated by reference and made a part of the franchise agreement. The plan shall include cable system design details, equipment specifications, and design performance criteria. The plan shall also include a map of the entire franchise area and shall dearly delineate areas within the franchise area where the cable system will be available to subscribers including a time schedule of construction for each year that construction or reconstruction is proposed. (c) Every three (3) months after the start of construction or reconstruction, the grantee shall furnish the county administrator a report on progress of construction or reconstruction until complete. The report shall include a map that clearly defines the areas wherein cable service is available. (d) Copies of any agreements, reports, petitions, correspondence or other documents filed with any local, state or federal government relating to the grantee's operations within the county shall be made available to the county administrator upon request. Sec. 7-13. Annual Reports. (a) The grantee shall file annually with the county administrator no later than ninety (90) days after the end of the grantee's fiscal year the following information: (1) A confidential report summarizing the previous year's activities in the development of the system, including, but not limited to, cable services begun or dropped; number of homes passed; number of cable plant miles; number of subscribers for each type of cable service offered; material debts by category and maturity attributable to the operations of grantee in the county; and a summary of any policy changes taking effect during the year. 2078.1 (7/28/94 B/S) 12- (2) A current copy of the subscriber service agreement, a current list of all rates, charges and available services, a current channel list, a copy of all the grantee's published rules and regulations applicable to subscribers of the cable system, and a summary of the grantee's hours of operation. (3) A copy of updated maps depicting the location of all trunks, showing all neighborhoods, developments, and public buildings served, and separately identifying those areas where there was construction in the year of the report. (4) A list of all persons owning or controlling five (5) percent or more of the stock, partnership shares or assets of the grantee; and a list of any parent corporation, parent entity or holding company that owns, or by ownership of other entities, controls the grantee. (5) If the grantee is a corporation, a list of officers and members of the board and officers and board members of any parent corporation; and where a parent corporation's stock is publicly traded, two (2) copies of its annual report. (6) The grantee's balance sheet applicable to its operations in the county, and a certified special report of gross revenues that shall be specific as to the extent of operations of the grantee within the county. All special reports shall be certified by an independent certified public accountant and prepared in accordance with Generally Accepted Auditing Standards ("GAAS") as promulgated by the American Institute of Certified Public Accountants reflecting the total amount and sources of gross revenue for the period and shall be in sufficient scope to allow independent ascertainment of the grantee's compliance with the franchise fee requirements of this chapter. (b) All proprietary information submitted pursuant to this section shall remain the property of the grantee and be treated as confidential to the extent permitted by law. Sec. 7-14. Subscriber fees and rates. (a) The board shall have the authority to regulate rates, equipment and installation of cable services in accordance with state and federal law, rules, and regulations. Before any regulatory action, the board will conduct a public hearing to ensure a reasonable opportunity for consideration of the views of interested parties. 2o78a - 13- (7/28/94 B/S) 037 (b) For all rate changes including those changes for service not regulated by the County: O) A grantee shall file with the clerk of the board written schedules of any proposed rate changes which shall describe all existing rates and all proposed rate changes. Such schedules shall also describe all proposed changes in services to be provided by the grantee and all proposed changes in the terms and conditions relating to such services. In no event shall any proposed rate increases take effect sooner than thirty (30) days after receipt by the clerk of the written schedules. (2) Within thirty (30) days after receipt by the clerk of the written schedules, the board may set a public hearing to review any proposed rate increases. The clerk shall notify the grantee of such public meeting. (3) At the public hearing, the grantee shall present to the board justification for the rate increase, identifying all significant factors that prompted an increase in rates and the extent to which those factors are reflected in the actual amount of the increase. (c) Except as otherwise provided under federal law, a grantee shall not, with regard to fees, discriminate or grant any preference or advantage to any person. (d) Notwithstanding (c) above, a grantee may, at its own discretion, waive, reduce or suspend connection or monthly service fees for specific or indeterminate periods for promotional purposes. Article III. Franchise Transfer or Revocation Sec. 7-15. Franchise transfer. (a) The grantee shall promptly notify the county administrator of any actual or proposed change in, or transfer of or acquisition by any other party of control of the grantee. Every change transfer or acquisition of control of the grantee shall make the franchise subject to cancellation unless and until the county shall have consented thereto. For the purpose of determining whether it shall consent to such change, transfer or acquisition of control, the county may inquire into the qualifications of the prospective controlling party, and the grantee shall assist the county in any such inquiry. If the county does not schedule a hearing on the matter within sixty (60) days after notice of the change or proposed change and the filing of a petition requesting its consent, it shall be deemed to have consented. In the event that the 2o78.1 14 - (7/28/94 B/S) county adopts a resolution denying its consent and such change, transfer or acquisition of control has been affected, the county may cancel the franchise unless control of the grantee is restored to its status prior to the change, or to a status acceptable to the county. (b) Any franchise granted by the board shall not be assigned, transferred, sold or disposed of, in whole or in part, by voluntary sale, merger, consolidation or otherwise or by forced or involuntary sale, without prior consent of the board, which consent shall not be unreasonably withheld as provided in subsection (c) below. (c) Any sale, transfer or assignment shall be made by a bill of sale or similar document, an executed copy of which shall be filed with the county administrator within thirty days after any such sale, transfer or assignment. The board shall not withhold its consent unreasonably; provided, however, the proposed assignee agrees to comply with all the provisions of this chapter and the franchise and must be able to provide proof of financial responsibility as determined by the board. (d) No such consent shall be required for a transfer in trust, mortgage, or other instrument of hypothecation, in whole or in part, to secure an indebtedness except that when such hypothecation shall exceed seventy-five percent of the fair market value of the property used by the grantee in the operation of its cable television system. Prior consent of the board, expressed by resolution, shall be required for such transfer and said consent shall not be withheld unreasonably. Sec. 7-16. Franchise revocation. (a) In addition to all the rights and powers reserved to the county, the county reserves as an additional power the right to terminate the franchise and all rights and privileges of a grantee hereunder in any of the following events or for any of the following reasons: (1) A grantee shall by act or omission violate any material term or condition of its franchise or this chapter, and, within thirty (30) days following written demand by the county shall fail to effect compliance or if compliance can not reasonably be effected within thirty (30) days, fail to commence cure of the violation and proceed diligently to effect compliance. (2) A grantee becomes insolvent, unable or unwilling to pay its debts or is adjudged a bankrupt. 2078.1 (7/28/94 B/S) 15- (3) A grantee willfully or knowingly makes false statements on or in connection with its franchise application, proposal for renewal, or any public filing required by this ordinance or applicable law. (4) Violates any provision of the Virginia Consumer Protection Act of 1977, as amended. (b) The grantee shall not be declared at fault or be subject to revocation under any provision of this chapter in any case in which the performance of any such provision is prevented for reasons beyond the grantee's control. A fault shall not be deemed to be beyond the grantee's control if committed by a corporation or other business entity in which the grantee holds a controlling interest, or which holds a controlling interest in grantee whether held directly or indirectly. (c) If the board determines that such non-compliance was without just cause, then the board may adopt a resolution which terminates the franchise and instructs the grantee to promptly remove from the public way all of its cable television facilities within one hundred twenty (120) days from the date the grantee receives a written copy of such resolution. The board shall be empowered to seek legal and equitable relief in order to ensure compliance with this provision. In the alternative, the board may adopt a resolution which invokes the county's right to purchase the assets of the grantee's cable television system at an equitable price unless there be compliance by the grantee within such period as the board may fix. Sec. 7-17. Receivership. The county shall have the right to cancel a franchise thirty (30) days after the appointment of a receiver, or trustee, unless such receivership or trusteeship shall have been vacated prior to the expiration of said thirty (30) days, or unless: (a) Within one hundred and twenty (120) days or a mutually agreed date after his election or appointment, such receiver or trustee shall have fully complied with all the provisions of this ordinance and remedied all defaults thereunder; and (b) Such receiver or trustee, within said one hundred and twenty (120) days or a mutually agreed date shall have executed an agreement, consented to by the county and duly approved by the court having jurisdiction in the premises, whereby such receiver or trustee assumes and agrees to be bound by each and every provision of this ordinance and the franchise granted to grantee. 2078.1 16 - (7/28/94 B/s) O4O Section 7-18. Transfer of Ownership to County. (a) In the event the county exercises its right to acquire the system pursuant to this chapter, upon payment of the purchase price, the grantee shall immediately transfer to the county possession and title to all facilities and property, real and personal, related to its cable television system free from any and all liens and encumbrances not agreed to be assumed by the county in lieu of some portion of the purchase price. The grantee shall make it a condition of each contract entered into by it with reference to its operations under this chapter and franchise, that the contract shall be subject to the exercise of this option by the county and that the county shall have the right to succeed to all privileges and obligations thereof upon the exercise of such option. (b) Until such time as the grantee transfers to the county or to a new grantee possession and title to all assets, real and personal, related to its cable television system, the grantee shall, as trustee for its successor in interest, continue to operate the cable television system under the terms and conditions of this chapter and the franchise and to provide the regular subscriber service and any and all of the services that may be provided at that time. During such interim period, the grantee shall not sell any of the system assets nor shall the grantee make any physical, material, administrative or operational change that would tend to' degrade the quality of service to the subscribers, decrease income, or materially increase expenses without the express permission, in writing, of the county or its assignee. The county shall be permitted to seek legal and equitable relief to enforce the provisions of this section. (c) For its management services during this interim period, the grantee shall be entitled to receive as compensation, the net profit, as defined herein, generated during the period between the date the grantee received written notice from the county of its intent to purchase the grantee's cable television system or the expiration date of the franchise, whichever is earlier, and the payment of the purchase price. Such management services shall not be continued without grantee's consent for more than twelve months. However, if the board determines that the grantee is solely responsible for any unreasonable delay in transfer of ownership and control, the grantee shall continue to operate the cable television, without compensation for its services until the sales agreement is executed and ownership and control passes to the county or its assignee. Sec. 7-19. Right of county_ to assign purchase rights. The county shall have the right and power to assign its purchase rights to a successor grantee selected by the county in a manner not inconsistent with the provisions of this chapter. 2078.1 17 - (7/28/94 B/S) 041 Article IV. Systems Operation. Sec. 7-20. Initial franchise area. (a) A new grantee shall furnish to the county as part of its application a map of suitable scale showing all streets and public buildings indicating the initial franchise area to be served. The map shall also list the names of all neighborhoods, developments and communities served. (b) The initial franchise area shall be subject to approval by the county, and may be amended at any time, either by the county on its own motion or upon the request of the grantee. Notwithstanding the foregoing, no franchise area shall be reduced unless requested by the grantee. Sec. 7-21. Interconnection. The grantee may be required to interconnect its cable television system with other cable television systems or other broadband communications facilities located in contiguous communities so long as such interconnection is for the benefit of subscribers within the county. Such interconnection shall be made within ninety (90) days of a request made by the board. Sec. 7-22. Extension of Service Facilities. (a) Grantee shall extend its service outside the initial franchise area, at its sole cost to areas adjacent to the system's existing plant if and when those areas have a dwelling unit density of twenty-five (25) occupied homes per route mile of plant. Cable service shall be promptly extended and provided in such areas at standard rates and charges no later than twelve (12) months from the time the density test is met. Cable services shall be installed at the prevailing normal installation charge if no more than a 200 foot drop wire is required to reach the home. The grantee shall be allowed to collect its actual marginal cost of installation beyond 200 feet. (b) Grantee shall extend cable service to areas not meeting the density requirements specified in (a) upon receipt of a petition of such homeowners, and provided such homeowners agree to pay the grantee an amount determined as follows: # of occupied homes in extension mileage of extension HPM of extension 25 HPM Occupied homes per mile (HPM) of extensions Ratio of density of the extension to the 2078.1 (7/28/94 B/S) 18- 04g minimum density which the Grantee constructs in the system (or "A") Total cost of building the extension times "A" Grantee's share of extension cost Total cost of building extension less grantee's share of extension cost Total amount to be recovered from subscribers Total amount to be re- covered from the subs Total subscribers in extension Each subscribers share When a request for service is received, and unless good cause is shown, grantee will: (1) Provide a written estimate within thirty (30) days of such a request; (2) Begin construction within ninety (90) days or receipt of total monies from participating subscribers, provided that make ready work and all necessary permits and approvals have been secured; (3) Complete construction within six months of receipt of total monies from participating subscribers, barring unusual or unforeseen circumstances or factors beyond the control of grantee (including, but not limited to, the obtaining of all necessary permits and approvals); and (4) Inform each home passed along the extension of the potential cost for subscribers. Subscribers who pay for an extension shall be entitled to rebates in the following manner: (1) ff the grantee acquires new subscribers subsequent to the initial extension, the formula will be adjusted so that new subscriber shall pay its prorata share of the extension in accordance with the adjusted formula, and those who have previously paid for the 2078.1 (7/28/94 B/S) - 19 - extension will be entitled to an appropriate rebate. In no event shall the amount of the rebate exceed the subscriber's contribution; (2) The grantee shall keep accurate records of the cost of the extension, the amounts paid by subscribers and any appropriate adjustments; (3) Once an individual dwelling has paid its share of the extension cost, future reconnections or installations for that dwelling shall be made at the grantee's standard rate; and (4) After a period of three (3) years from the installation of the first dwelling unit in the extension, no further adjustments shall be made. Installations after three years shall be at the grantee's standard rate. (c) Grantee shall make every reasonable effort to cooperate with cable television franchise holders in contiguous communities in order to provide cable service in areas within the county but outside the grantee's initial franchise area. The county shall make very reasonable effort to cooperate with the franchising authorities in contiguous communities, and with the grantee, in order to provide cable television service in areas outside the county. Sec. 7-23. System description. (a) The cable television system to be installed by grantee shall comply in all respects with the capacity, capability, and technical performance requirements set forth in applicable federal rules and regulations and amendments thereto. (b) The grantee's cable television system shall have technical capacity to enable it to provide return communications. (c) The grantee's cable television system shall maintain at least one specially designated noncommercial public access channel available on a first-come, nondiscriminatory basis. The system shall maintain and have available for public use the minimal equipment, personnel, and facilities necessary for the production of programming for such a channel. One such channel will be made available without charge, except that production costs may be assessed for live .studio presentations exceeding five minutes. Such production costs and any fees for use of other public access channels shall be consistent with the goal of affording the public a low-cost means of television access. 2078.~ - 20 - (7/28/94 B/S) 044 (d) The grantee's cable television system shall maintain without charge a specially designated access channel for local government use. (e) The grantee's cable television system shall maintain without charge specially designated access channel for public education use. (f) The grantee's cable television system shall offer capacity for leased commercial access services as required by applicable federal regulation. (g) Whenever all of the channels described in paragraphs (c), (d) and (e) of this section are in use eighty percent (80%) of the weekdays Monday through Friday for eighty percent (80%) of the time during any consecutive six-hour period for six con~secutive weeks, the grantee's cable television system shall, within the limits of its channel capacity and if consistent with then applicable FCC rules and regulations, have six months in which to make a new access channel available for any or all of the purposes for which such channels are designated. Nothing in this provision shall prohibit the grantee from exhibiting programming of its choice during such time as the access channels described in paragraphs (c), (d) and (e) are not in use by the public. Grantee shall, however at all times, give priority to public and governmental use of the channels over grantee's programming. (i) Grantee shall provide, without charge within the initial franchise area, basic standard service to each fire station, public and private school, police station, public library, rescue squad and such buildings as used for municipal purposes as may be designated by the county, provided, however, that if it is necessary to extend grantee's trunk or feeder lines more than six hundred (600) feet solely to provide service to any such school or public building, the County shall have the option, either of paying grantee's direct costs for such extension, in excess of six hundred feet, or of releasing grantee from the obligation to provide service to such building. (j) The grantee shall maintain its cable system with a level of production or other facilities, technical performance, capacity, equipment, components and service equal to that which at a minimum has been developed and demonstrated by existing cable television system operators and reputable equipment suppliers to be workable in the field, which is more modern and technologically advanced than generally accepted, which is reasonably available and feasible to install and used by at least some other cable systems in comparable areas of equivalent population, and for which there is some reasonable market demand. Sec. 7-24. Operational requirements. (a) Grantee shall construct, operate and maintain the cable television system subject to the supervision of the county and in full compliance with all applicable 2078.1 - 21 - (7/28/94 B/S) 045 federal, state and local rules and regulations, and any amendments thereto. The cable television system and all its parts shall be subject to inspection by the county. (b) If requested by the county, copies of all correspondence, petitions, reports, applications and other documents sent or received by grantee from Federal or State agencies having appropriate jurisdiction in matters affecting cable television operation shall be simultaneously furnished by the grantee to the county. (c) In the case of any emergency or disaster, the grantee shall, upon request of the county administrator, make available, free of charge, its facilities to the county for emergency use during the emergency or disaster period. Sec. 7-25. Customer Service Standards. (a) Except for more stringent standards set forth herein or in the franchise agreement, the grantee shall comply with the minimum customer service standards established by federal regulation which are hereby incorporated by reference. (b) The grantee shall credit subscribers for outages in the system which result in loss of picture or sound on one or more channels for more than twenty-four (24) hours. Subscribers shall receive a credit for each calendar day or part thereof during which service is out. (1) In order to obtain a credit, subscribers must notify the grantee by phone or in writing within thirty (30) days after any such outage unless the grantee has actual or constructive knowledge of the outage. (2) A grantee may, at its option, provide a subscriber with a rebate rather than a credit on the subscriber's bill to fulfill the requirements of this subsection. (c) Service calls: excluding conditions beyond the control of the operator, the grantee shall respond to service calls and complaints promptly. Grantee shall maintain a repair force of service personnel capable of responding to subscriber requests for service under normal operating conditions within the following time frames (unless a subscriber requests a different more convenient date that is beyond the following performance standards): O) For any complaints of loss of sound or a picture on one (1) or more channels, on the same day if the grantee is notified by 2:00 p.m. 2078.1 (7/28/94 B/S) 22- 046 (2) Within twenty four (24) hours for all other service calls. (d) Availability of special equipment. (1) The grantee shall provide, upon the request of the subscriber, the following equipment: (i) A/B (input selector) switches to allow switchover to subscriber's antenna; (ii) A parental lock to allow subscriber blocking of a specified cable service or channel; and (iii) Devices to insure adequate access to cable television service for hearing-impaired persons. (f) The grantee shall maintain equipment capable of providing standby power for headend, transmission and trunk amplifiers for a minimum of two (2) hours. (g) Standard installations requiring service drops not longer than 200 feet will be performed within seven (7) business days after an order has been placed; provided the grantee has been able to obtain any necessary easements or other consents necessary to complete the installations. Service drops that are temporarily placed above ground will be buried within ten (10) business days of the date of installation. All drops will be machine buried to a depth of at least six (6) inches. (h) All field employees, including subcontractors, that have occasion to deal directly with subscribers must carry identification indicating their employment with the grantee to be displayed upon request. (i) Grantee shall employ and utilize equipment which is capable of monitoring and recording telephone answering standards as set forth in federal regulations. O) Customer service center and bill payment locations will be open for transactions Monday through Friday during normal business hours. Additionally, based on community needs, the grantee will schedule supplemental hours on weekdays and/or weekends during which these centers will be open as needed. (k) Grantee shall provide at least five (5) days' written notice prior to discontinuance of service due to nonpayment and shall not terminate for nonpayment where the payment relates to service not yet provided. 2078.1 23 - (7/28/94 B/S) 047 (1) Grantee shall afford customers with a three (3) days right of rescission for ordering cable services, except that such right of rescission shall end upon initiation of installation whether physically or electronically on the customer's premises. (m) The grantee shall interrupt system service after 7:00 a.m. and before 1:00 a.m. for routine testing, maintenance, and repair only with good cause for the shortest time possible, and except in emergency situations, only after publishing notice of service interruption at least twenty-four hours in advance of the service interruption. Service may be interrupted between 1:00 a.m. and 7:00 a.m. for routine testing, maintenance, and repair, without notification, any night except Friday, Saturday or Sunday, or the night preceding a holiday. Sec. 7-26. Customer Service Performance Reports. which The grantee shall provide the county with quarterly reports on customer service shall provide the following information for the period: (a) the average hold time for customer service calls; (b) percentage of calls answered within 30 seconds; (c) percentage of abandoned calls; (d) percentage of time incoming lines were busy; and (e) number of repair service requests received by type of complaint, cause of problem, and length of time to respond. Sec. 7-27. Tests and performance monitoring_ (a) Not later than ninety days after any new or substantially rebuilt portions of the system is made available for service to subscribers, technical performance tests shall be conducted by the grantee to demonstrate full compliance with the Technical Standards of the Federal Communications Commission and this chapter. Such tests shall be performed by, or under the supervision of, an engineer with proper training and experience approved by the county. A copy of the report shall be submitted to the county, describing test results, instrumentation, calibration, and test procedures, and the qualifications of the engineer responsible for the tests. (b) A copy of the grantee's proof of performance tests required to be field with the Federal Communications Commission shall be simultaneously submitted to the county. 2078.1 (7/28/94 B/S) - 24 - 048 Sec. 7-28. Performance evaluation sessions. (a) The county and the grantee may hold scheduled performance evaluation sessions every two year(s) from the anniversary date of the grantee's award of a franchise and as may be required by federal and state law. (b) Special evaluation sessions may be held at any time during the term of a franchise at the request of the county or the grantee, and upon ninety (90) days written notice. (c) All evaluation sessions shall be open to the public and shall be advertised in a newspaper of general circulation at least ten (10) days prior to each session. The grantee shall notify its subscribers of the evaluation sessions by announcement displayed prominently on its cable system during prime time, for five (5) consecutive days preceding each session. (d) Topics which may be discussed at any scheduled or special evaluation session may include, but not be limited to, service rate structures; franchise fee; liquidated damages; free or discounted services; application of new technologies; system performance; services provided; programming offered; customer complaints; privacy; amendments to this ordinance; judicial and FCC rulings; line extension policies; and county or grantee rules. Sec. 7-29. Conditions of street occupancy. The county hereby grants to the grantee the right to use all public ways owned by the county for the purpose of installing cable television structures, lines, equipment and facilities, so long as such use is consistent with the legal rights owned by the county and the requirements of this chapter. Prior to installing any such structures, lines, equipment and facilities the grantee shall notify the county Utility Department of its plans and the Utility Department may require such modifications as well protect the existing utilities within the public way. (a) Grantee shall utilize existing poles, conduits and other facilities whenever possible, and all transmissions and distribution structures, lines and equipment erected by the grantee within the county shall be so located as to cause minimum interference with the proper use of streets, and to cause minimum interference with property owners who adjoin such streets. (b) Whenever the county shall require the relocation or reinstallation of any property of the grantee in any of the public ways within the county, it shall be the obligation of the grantee upon notice of such requirement as soon as reasonably 2078.1 - 25 - (7/28/94 B/S) possible to remove and relocate or reinstall such property as may be reasonably necessary to meet the requirements of the county. Such relocation, removal or reinstallation by the grantee shall be performed within a reasonable period of time and at the sole cost of the grantee. (c) Where the county or a public utility serving the county desires to make use of the poles or other wire-holding structures of the grantee but agreement therefore with the grantee cannot be reached, the board may require the grantee to permit such use for such consideration and upon such terms as the board shall determine to be just and reasonable, if the board determines that the use would enhance the public convenience and would not unduly interfere with the grantee's operations. (d) Wherever all electrical and telephone utility wiring is located underground, either at the time of initial construction or subsequently, the grantee's cable shall also be located underground, at grantee's own expense. (e) Grantee shall, at its own expense and in a manner approved by the county, restore to county standards and specifications any damage or disturbance caused to the public way as a result of its operations or construction on its behalfi Grantee shall guarantee and maintain such restoration for a period of one year against defective materials or workmanship. If the public way is not restored to the county's reasonable satisfaction, the county shall have the right to have such work performed and charge such cost to the grantee. (f) Whenever, in case of fire or other disaster, it becomes necessary in the judgment of the chiefs of the Fire or Police Departments to remove or damage any of the grantee's facilities, no charge shall be made by the grantee against the county for restoration and repair. (g) Grantee shall have the authority to trim trees on public property at its own expense as may be necessary to protect its wires and facilities, subject to the supervision and direction of the county. The grantee shall obtain the written consent of the county prior to trimming any trees within rights of way. Article V. General Provisions. Sec. 7-30. Protection of privacy. (a) Grantee shall not permit the transmission of any signal, aural, visual or digital, including "polling" the channel selection, from any subscriber's premises without first obtaining written permission of the subscriber. This provision is not intended to 2078.1 - 26 - (7/28/94 B/S) 05O prohibit the use of transmission of signals useful only for the control or measurement of system performance. (b) Grantee shall not permit the installation of any special terminal equipment in any subscriber's premises that will permit transmission from subscriber's premises of two-way services utilizing aural, visual or digital signals without first obtaining written permission of the subscriber. Sec. 7-31. Unlawful Use of System. (a) Unless otherwise provided by federal or state law, it shall be unlawful for any person to attach or affix or to cause to be attached or affixed any equipment or device which allows access or use of the cable television service without payment to or permission from the grantee for same. The affixing or attaching of any equipment or device capable of allowing access or use of the cable television service shall be deemed prima facie evidence of a violation of this section. (b) In addition to any other remedy available to the grantee under the franchise and/or applicable law, any person violating this section'shall be guilty of a misdemeanor punishable by a fine of not more than $1,000. Sec. %32. Compliance with state and federal law. (a) Unless required to meet more stringent standards contained in this ordinance or in the franchise agreement, the grantee shall, at all times, comply with all laws of the state and federal government and the rules and regulations of any federal administrative agency. If any term of this chapter shall become prohibited by any state or federal law or rule or regulation of any federal administrative agency, the board shall, as soon as possible following knowledge thereof, amend this chapter and franchise in a manner to bring both into compliance with such law, rule or regulation. (b) A grantee shall not refuse to hire, nor discharge from employment, nor discriminate against any person regarding compensation, terms, conditions or privileges of employment because of disability, age, sex, race, color, creed or national origin. A grantee shall take affirmative action to ensure that employees are treated, during employment, without regard to their disability, age, sex, race, color, creed or national origin. This condition includes, but is not limited to, recruitment advertising, employment interviews, employment, rates of pay, upgrading, transfer, demotion, layoff and termination. 2078.1 - 27 - (7/28/94 B/S) Sec. 7-33. Unlawful acts; penalties. (a) It shall be unlawful for any person, firm or corporation to establish, operate or carry on the business of distributing to any persons in this county any television signals or radio signals by means of a cable system unless a franchise therefor has first been obtained pursuant to the provisions of this chapter and unless such franchise is in full force and effect. (b) It shall be unlawful for any person, firm or corporation to construct, install or maintain within any public street in the county, or within any other public property of the county, or within any privately owned area within the county which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision map approved by the county, any equipment or facilities for distributing any television signals or radio signals through a cable system, unless a franchise authorizing such use of such street or property or area has first been obtained pursuant to the provisions of this chapter and unless such franchise is in full force and effect. (c) It shall be unlawful for any person, firm or corporation without the consent of the owner to willfully tamper with, remove or injure any cables, wires or equipment used for distribution of television signals, radio signals, pictures, programs or sound. (d) Any person, firm or corporation violating any subsection of this section shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment not exceeding twelve (12) months or by both such fine and imprisonment. Each day any violation of any subsection of this section shall continue shall constitute a separate offense. Sec. 7-34. Special license. The county reserves the right to issue a license, easement or other permit to anyone other than the grantee to permit that person to traverse any portion of the grantee's franchise area within the county in order to provide'service outside the county. Such license or easement, absent a grant or a franchise in accordance with this chapter, shall not authorize nor permit such person to provide a cable televiSion service of any nature to any home or place of business within the county nor to render any service or connect any subscriber within the county to the grantee's cable television system. 2078.1 - 28 - (7/28/94 B/S) 052 Sec. 7-35. Time deemed essence of agreement.. Whenever this chapter or a franchise sets forth any time for any act to be performed by or on the behalf of a grantee, such time shall be deemed of the essence and the grantee's failure to perform within the time allotted, in all cases, shall be sufficient grounds for the county to invoke the remedies available under the terms and conditions of this chapter and the franchise. (a) The grantee shall not be excused from complying with any of the terms and conditions of this chapter or the franchise by any failure of the county, upon any one or more occasions, to insist upon the grantee's performance or to seek grantee's compliance with any one or more of such terms or conditions. (b) Nothing herein shall be construed to require the grantee to comply with the terms of this chapter or the franchise if prevented from doing so by disaster, war, civil disobedience or other Act of God. Sec. 7-36. Rights reserved to the County The county hereby expressly reserves the following rights: (a) To adopt, in addition to the provisions contained herein and in the franchise and in any existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of its police power provided, however, that such regulations, by ordinance or otherwise, shall be reasonable and not in conflict with the rights herein granted. (b) To revoke, amend or modify the franchise granted pursuant to this chapter should the Federal Communications Commission, as a result of its certification or registration process, require that substantial sections of the chapter be altered or deleted. Sec. 7-37. Designation of County Administrator as Enforcing Official. In all instances where this chapter refers to the "county," without referring to a specific official, the appropriate representative of the Board of Supervisors shall be the county administrator. (2) That this ordinance shall become effective immediately upon adoption~ 2078.1 (7/28/94 B/S) - 29 - CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page AGENDA Meeting Date: July 27, '1996 Item Number: Subject: Resolution Recognizing Ms. Phyllis L. Cothran for Her Leadership in the Metropolitan Richmond Community County Administrator's Comments: CountyAdministrator: BoardAction Requested:, Summary of Information: Mr. Warren has requested the Board adopt a resolution recognizing Ms. Phyllis L. Cothran for her leadership in the metropolitan Richmond community. Ms. Cothran will be present to accept the resolution. See attached. Preparer: ;~i ~ ~,;'"'~ ~, '~'~ ~le: Executive A ssistan~ to County ,~a ~r i%yn' 'E; Cole Administrator . · Attachments: l Yes [~] No RECOGNIZING MS. PHYLLIS L. COTHRAN FOR HER LEADERSHIP IN THE METROPOLITAN RICHMOND COMMUNITY WHEREAS, Ms. Phyllis L. Cothran, President and Chief Operating Officer of Trigon Blue Cross Blue Shield, served as Chairperson of the Metropolitan Richmond Chamber of Commerce from July 1, 1993 to June 30, 1994; and WHEREAS, The Metropolitan Richmond Chamber of Commerce has as its mission "to promote and provide business leadership in achieving the full economic, political, and social potential of our metropolitan area;" and WHEREAS, during Ms. Cothran's Chairmanship, the Metro Chamber maintained an open dialogue with local governments on a wide range of issues ranging from infrastructure, economic development, and education; and WHEREAS, the Metro Chamber, under Ms. Cothran's leadership, was supportive of the City of Richmond and the Counties of Chesterfield, Hanover, and Henrico in their Regional Summit on Crime in October, 1993, held in Richmond and the Regional Summit in May, 1994, held in Hanover; and WHEREAS, during Ms. Cothran's term as Chair of the Chamber, the Chamber sponsored the region's second InterCity Visit to Cincinnati, Ohio in May, 1994 affording local officials the opportunity to see, with private sector leaders, the successes of another region and, for the first time, a local government official was invited to Co-chair the Visit with a representative from the business community; and WHEREAS, while Chair of the Chamber, an exciting new economic development partnership was created between local governments in the Richmond metropolitan area and the private sector, doubling the region's capacity to attract new businesses to the area; and WHEREAS, Ms. Cothran, because of her business leadership and exemplary community service, was selected as the 1994 Business Woman of the Year by the Richmond YMCA. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby commends Ms. Phyllis L. Cothran for her leadership in the metropolitan Richmond community and her role in forging new public-private partnerships to advance and promote central Virginia. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Ms. Cothran and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County. Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA July 27, 1994 Item Number: Page _~_~ of 1 14.D.1.-4. Subject: Resolutions Recognizing Girl Scouts Upon Attaining the Gold Award County Administrator's Comments: County Administrator: BoardAcfion Requested: Summary of I n formation: Staff has received requests for the Board to adopt resolutions recognizing Miss Debby Conner (Matoaca District), Miss Lara Gaulding (Clover Hill District), both of Troop 871, sponsored by Saint Mark's Methodist Church, and Miss Caroline V. Martin and Miss Meredith A. Martin (Clover Hill District) both of Troop 180, sponsored by Providence United Methodist Church, upon attaining the Gold Award. They will be present, accompanied by members of their families, to receive the resolutions. Preparer: ~._~ Theresa M. Pitts Attachments: Y~$ ~--~ No Title: c]~rk to Board of Supervisors RECOGNIZING MISS DEBBY CONNER UPON ATTAINING THE GOLD AWARD WHEREAS, the Girl Scouts of the United States of America is an organization serving over 2.6 million girls and was founded to promote citizenship training and personal development; and WHEREAS, after earning four interest project patches, the Career Exploration Pin, the Senior Girl Scout Leadership Award, the Senior Girl Scout Challenge, and designing and implementing a Girl Scout Gold Award project; and WHEREAS, the Gold Award is the highest achievement award in Girl Scouting and symbolizes outstanding accomplishments in the areas of leadership, community service, career planning, and personal development; and WHEREAS, the Girl Scout Gold Award can only be earned by girls aged 14-17 or in grades 9-12 and is received by less than 6 percent of those individuals entering the Girl Scouting movement; and WHEREAS, Miss Debby Conner, Troop 871, sponsored by Saint Mark's United Methodist Church, has accomplished these high standards and has been honored with the Girl Scouts of the United States of America Gold Award by the Commonwealth Girl Scout Council of Virginia; and WHEREAS, growing through her experiences in Girl Scouting, learning the lessons of responsible citizenship, and priding herself on the great accomplishments of her County, Debby is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Miss Debby Conner and acknowledges the good fortune of the County to have such an outstanding young woman as one of its citizens. RECOGNIZING MISS LARA GAULDING UPON ATTAINING THE GOLD AWARD WHEREAS, the Girl Scouts of the United States of America is an organization serving .gver 2.6 million girls and was founded to promote citizenship training and personal development; and WHEREAS, after earning four interest project patches, the Career Exploration Pin, the Senior Girl Scout Leadership Award, the Senior Girl Scout Challenge, and designing and implementing a Girl Scout Gold Award project; and WHEREAS, the Gold Award is the highest achievement award in Girl Scouting and symbolizes outstanding accomplishments in the areas of leadership, community service, career planning, and personal development; and WHEREAS, the Girl Scout Gold Award can only be earned by girls aged 14-17 or in grades 9-12 and is received by less than 6 percent of those individuals entering the Girl Scouting movement; and WHEREAS, Miss Lara Gaulding, Troop 871, sponsored by Saint Mark's United Methodist Church, has accomplished these high standards and has been honored with the Girl Scouts of the United States of America Gold Award by the Commonwealth Girl Scout Council of Virginia; and WHEREAS, growing through her experiences in Girl Scouting, learning the lessons of responsible citizenship, and priding herself on the great accomplishments of her County, Lara is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Miss Lara Gaulding and acknowledges the good fortune of the County to have such an outstanding young woman as one of its citizens. RECOGNIZING MISS CAROLINE V. MARTIN UPON ATTAINING THE GOLD AWARD WHEREAS, the Girl Scouts of the United States of America is an organization serving over 2.6 million girls and was founded to promote citizenship training and personal development; and WHEREAS, after earning four interest project patches, the Career Exploration Pin, the Senior Girl Scout Leadership Award, the Senior Girl Scout Challenge, and designing and implementing a Girl Scout Gold Award project; and WHEREAS, the Gold Award is the highest achievement award in Girl Scouting and symbolizes outstanding accomplishments in the areas of leadership, community service, career planning, and personal development; and WHEREAS, the Girl Scout Gold Award can only be earned by girls aged 14-17 or in grades 9-12 and is received by less than 6 percent of those individuals entering the Girl Scouting movement; and WHEREAS, Miss Caroline V. Martin, Troop 180, sponsored by Providence United Methodist Church, has accomplished these high standards and has been honored with the Girl Scouts of the United States of America Gold Award by the Commonwealth Girl Scout Council of Virginia; and WHEREAS, growing through her experiences in Girl Scouting, learning the lessons of responsible citizenship, and priding herself on the great accomplishments of her County, Caroline is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Miss Caroline V. Martin and acknowledges the good fortune of the County to have such an outstanding young woman as one of its citizens. RECOGNIZING MISS MEREDITH A. MARTIN UPON ATTAINING THE GOLD AWARD WHEREAS, the Girl Scouts of the United States of America is an organization serving over 2.6 million girls and was founded to promote citizenship training and personal development; and WHEREAS, after earning four interest project patches, the Career Exploration Pin, the Senior Girl Scout Leadership Award, the Senior Girl Scout Challenge, and designing and implementing a Girl Scout Gold Award project; and WHEREAS, the Gold Award is the highest achievement award in Girl Scouting and symbolizes outstanding accomplishments in the areas of leadership, community service, career planning, and personal development; and WHEREAS, the Girl Scout Gold Award can only be earned by girls aged 14-17 or in grades 9-12 and is received by less than 6 percent of those individuals entering the Girl Scouting movement; and WHEREAS, Miss Meredith A. Martin, Troop 180, sponsored by Providence United Methodist Church, has accomplished these high standards and has been honored with the Girl Scouts of the United States of America Gold Award by the Commonwealth Girl Scout Council of Virginia; and WHEREAS, growing through her experiences in Girl Scouting, learning the lessons of responsible citizenship, and priding herself on the great accomplishments of her County, Meredith is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Miss Meredith A. Martin and acknowledges the good fortune of the County to have such an outstanding young woman as one of its citizens. ~~ CHESTERFIELD COUNTY !' ~; BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: July 27, 1994 Item Number: .. Subject: Resolution for Walter H. "Bill" Stone upon retirement from Allied Signal. County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends adopting a resolution recognizing Mr. Bill Stone for his contributions to Chesterfield County during his career with Allied Signal Corporation. .S.ummary of Information: Mr. Bill Stone will retire from Allied Fibers effective July 11, 1994, after twenty seven years of service during which he progressed through many supervisory assignments. In his current posi- tion as Director, Manufacturing Operations, he has expanded Allied's presence in Chesterfield, while at the same time making significant contributions, both direct and indirect, to the county and its citizenry. Preparer: . ~ , Title: Marketing Representative # 219 Attachments: ~~' [--] N(~ Resolution Recognizing Walter H. "Bill" Stone WHEREAS, Mr. Walter H. "Bill" Stone has worked for Allied Signal Corporation for 27 years; and WHEREAS, Mr. Bill Stone as Director, Manufacturing Operations, Allied Signal, successfully managed two complex and aging facilities in Chesterfield County and South Carolina while continuously improving quality & productivity; and WHEREAS, Mr. Stone led the Allied Signal Chesterfield Plant to be recognized for manufactur- ing and reliability excellence; and WHEREAS, Under his leadership, plant capacity was increased more than fifty percent; and WHEREAS, Bill Stone has lead Allied Signal's corporate contributions to Chesterfield County citizens through his various capacities as past Chairman for Allied Corporation's Chesterfield Plant United Fund Campaign, Board of Directors of Richrnond Junior Achievement, Board of Directors, Chester YMCA and other organizations; and WHEREAS, Mr. Stone has supported and made corporate donations to many worthwhile causes including the Chesterfield County Public School System and to John Tyler Community College in the form of grants and scholarships: and WHEREAS, He was instrumental in extending County water and Sewer to Bermuda Hundred providing for future economic activity; and WHEREAS, Mr. Stone has assured benefits for all employees and families in the form ora state- of-the-art regional medical center, a softball park and pavilion, annual social activities, and 15 years of steady employment, pay and benefits for over 1700 employees; NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Chesterfield hereby wish to express their gratitude on behalf of the County to Mr. Walter H. "Bill" Stone for his generous contribution over the many years; and BE IT FURTHER RESOLVED, that the County of Chesterfield hereby makes known its appre- ciation to Mr. Bill Stone for his leadership and civic commitment in guiding Allied Signal to be one of the County's finest corporate citizens. Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS July 27, 1994 AGENDA Item Number: Page ~__of i 14.C. Subject: Resolution for Robert Walker of Roslyn Farm Corporation Count~ Administrator's Comments: County Administrator: BoardAction Requested: Summary oflnformation: The attached resolution should be presented to Robert Walker, President of Roslyn Farm Corporation for his contribution to preserving an ecologically sensitive area along Swift Creek and the Appomattox River. Attachments: Y~s ~ No Title: Director of Planning J# RESOLUTION FOR ROBERT WALKER ROSLYN FARM CORPORATION WHEREAS, Robert Walker, President of Roslyn Farm Corporation is developing a 298 acre Ruffin Mill Industrial Park in an ecologically sensitive area along Swift Creek and the Appomattox River; and WHEREAS, Mr. Walker has completed a comprehensive design to protect wetlands and environmentally sensitive lands; and W~EREAS, His plan to protect water quality, which includes detention ponds, natural area preservation and buffers, far exceed County, State and Federal environmental regulations; and W/{EREAS, This projects wide environmental planning facilitates industrial development by reducing project environmental review and construction time thereby assisting in Chesterfield County's economic development efforts; and W/4EREAS, Mr. Walker set aside environmentally sensitive lands into a conservation zone to be protected in perpetuity by the Float Fisherman of Virginia; and W/{EREAS, Access to these beautiful natural areas will be provided to the citizens of Chesterfield County through a greenway easement; and NOW, T~EREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mr. Robert Walker and extend on behalf of its members and the citizens of Chesterfield County for superior environmental planning and project design and facilitating desirable industrial development. NOW, TREREFORE BE IT RESOLVED, that a copy of this resolution be presented to Mr. Walker and that his resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA July 27, 1994 Item Number: Page 1 of__ 14 .F. 1 Subject: Resolution recognizing Philip Morris USA for their contribution to Chesterfield County. County Administrator's Comments: County Administrator: ~ Board Action Requested: Staff recommends the Board of Supervisors adopt a resolution recognizing Philip Morris USA for their contribution to Chesterfield County. Summary of Information: At the June 8, 1994 Board of Supervisors meeting, the Board agreed to initiate a Chesterfield County Business Appreciation and Recognition Award. Philip Morris is the first company chosen for this new program. Their resolution is attached. Attachments: Marketing Representative # 233 RECOGNIZING PHILIP MORRIS USA FOR THEIR CONTRIBUTION TO CHESTERFIELD COUNTY WHEREAS, the Chesterfield County Board of Supervisors established a Business Appreciation and Recognition Award to recognize existing businesses within the County that contribute to the County's economy and its citizens; and WHEREAS, Philip Morris USA has had a presence in Chesterfield County for over 20 years; and WHEREAS, Philip Morris USA continues to be the region's largest private employer with a workforce of approximately 10,000, 41 percent or 3,700 of whom reside in Chesterfield County; and WHEREAS, Philip Morris USA is the fifth largest taxpayer in Chesterfield County with more than $88 million in personal property, real estate, and machinery and tools; and WHEREAS, through outside vendors, Morris USA supports a considerable Richmond's area economies; and suppliers, and contractors, Philip part of Chesterfield County's and WHEREAS, the location of over 750 jobs with an investment of $62 million in Chesterfield County by Philip Morris USA contributes to the creation of over 1,400 new jobs and additional investment of $40 million in other industries; and WHEREAS, Philip Morris USA has made significant investments in their Park 500 facility located in Chesterfield County, which is now valued at nearly $62 million and employs over 750 people; and WHEREAS, Philip Morris USA has been among the foremost of corporate contributors to Chesterfield County for special programs such as the Chesterfield County Historical Society; the Bensley-Bermuda Rescue Squad; the Chester Branch YMCA; the Chester Village Festival; Black History Month Celebration; and many other organizations; and WHEREAS, Philip Morris USA has contributed directly to the Chesterfield County Public School System through Project Awareness, a business/education partnership designed to foster enhanced workplace skills in the existing high school curricula, and to which the company has contributed $400,000 over three years; and WHEREAS, Philip Morris USA has donated supplies, equipment, and other materials directly to the School System for classroom use; and WHEREAS, Philip Morris USA has aided the post-secondary educational system in Chesterfield County by contributing to John Tyler Community College for their BIGS Center and to the Virginia State University Honors Scholarship Program. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby expresses its gratitude on behalf of the County to Philip Morris USA for their generous contributions over the many years. AND, BE IT FURTHER RESOLVED, that the Board of Supervisors expresses its appreciation to Philip Morris USA for their contributions by recognizing them as the first recipient of the Chesterfield County Business Appreciation and Recognition Award. ~ ~ Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA July 27, 1994 Item Number: Page i of i 14.E.1.-4. Subject: Resolutions Recognizing Boy Scouts Upon Attaining the Rank of Eagle Scouts Count~' Administrator's Comments: CountyAdministrator: BoardAction Requested: Summary of Information: Staff has received requests for the Board to adopt resolutions recognizing Mr. Erik M. Lindstrom, Troop 867, sponsored by the Church of Jesus Christ of Latter Day Saints; Mr. Sean Michael MacCaffray and Mr. Allan Patrick MacCaffray, both of Troop 893, sponsored by Saint Edward's Catholic Church; and Mr. Andrew E. Olsen, Troop 897, sponsored by Mount Pisgah United Methodist Church, upon attaining the rank of Eagle Scouts. They will be present, accompanied by members of their families, to receive the resolutions. Ail Scouts Reside in: Midlothian District Preparer: '~.8/~..~ ./~7~. ~~ Theresa M. Pitts Attachments: Yes V"-] No Title: Clerk to Board of SupervisQus RECOGNIZING MR. ERIK M. LINDSTROM UPON HIS ATTAINING RANK OF EAGLE SCOUT WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Erik M. Lindstrom, Troop 867, sponsored by the Church of Jesus Christ of Latter Day Saints, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his County, Erik is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Erik M. Lindstrom and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. RECOGNIZING MR. SEAN MICHAEL MACCAFFRAY UPON HIS ATTAINING RANK OF EAGLE SCOUT WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Sean Michael MacCaffray, Troop 893, sponsored by Saint Edward's Catholic Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his County, Sean is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Sean Michael MacCaffray and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. RECOGNIZING MR. ALLAN PATRICK MACCAFFRAY UPON HIS ATTAINING RANK OF EAGLE SCOUT WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Allan Patrick MacCaffray, Troop 893, sponsored by Saint Edward's Catholic Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his County, Allan is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Allan Patrick MacCaffra¥ and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. RECOGNIZING MR. ANDREW E. OLSEN UPON HIS ATTAINING RANK OF EAGLE SCOUT WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Andrew E. Olsen, Troop 897, sponsored by Mount Pisgah United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his County, Andrew is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Andrew E. Olsen and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA July 27: 199a Item Number: Page 1 of 1 14 .G. Subject: Resolution Recognizing the Midlothian Trojans Varsity Softball Team for Their Representation of Chesterfield County High School Outstanding Count}, Administrator's Comments: CountyAdministrator: BoardAcfion Requested: SummaryofInformation: Mr. Barber has requested the Board adopt a resolution recognizing the Midlothian High School Trojans Varsity Softball Team for their outstanding representation of Chesterfield County. Mrs. Denise Manuel, Head Coach, and members of the Team will be present to receive the resolutions. See attached. Preparer: Theresa M. Pitts Attachments: Yes --'] No Title: Clerk to Board of Supervisors I# RECOGNIZING THE MIDLOTHIAN HIGH SCHOOL TROJANS VARSITY SOFTBALL TEAM FOR THEIR OUTSTANDING REPRESENTATION OF CHESTERFIELD COUNTY WHEREAS, participation in high school sports has long been an integral part of Chesterfield County's educational program to develop students; and WHEREAS, the 1994 Midlothian High School Trojans Varsity Softball Team, under the direction of Mrs. Denise Manuel, Head Coach, and Mr. Jim Melillo, Assistant Coach, finished the season with a 22-2 record; and WHEREAS, the Midlothian Trojans won the Dominion District Tournament; the Central Region Championship; and the State Championship in Group AAA; and WHEREAS, the Midlothian Trojans had 11 including seven of their last eight games; and shut-out games, WHEREAS, the Midlothian Trojans hold the State record for shutouts with three consecutive games in the State tournaments; and WHEREAS, the citizens of Chesterfield County continue to support interscholastic activity programs for the students. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors does hereby recognize the Midlothian High School Trojans Varsity Softball 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, does hereby commend the Midlothian Trojans for their commitment to excellence in the classroom and on the field and express their best wishes for continued success. Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA July 27, 1994 Item Number: Page ...L~ of i 15. Subject: HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS Count~ Administrator's Comments: CountyAdministrator: BoardActi0n Req u este d: Summary oflnformation: Ms. Susan Matthews has requested to address the Board regarding sewer extension to established neighborhoods. See attached. Preparer: , _ ~M_~_..~_~C~ ~"~'~. Theresa M. Pitts Attachments: Yes V-~ No Title: Clerk to Board of Supervisors Susan Matthews 11600 Rexmoor Drive Richmond, Virginia 23236 July 14,1994 Mr. Lane B. Ramsey P.O. Box 40 Chesterfield, Virginia 23832 Dear Mr. Ramsey, On behalf of my neighbors and myself, I would like to address the Chesterfield Board of Supervisors on Wednesday, July 27, 1994 at 7:00 p.m~ My subject will pertain to sewer extension to established neighborhoods, specifically requesting the Board to seriously consider changing the current policy of making this extension a total homeowners' expense (see attached letter sent to each Board member dated July 6, 1994). The main problem is funding and a cost sharing solution should be considered. The County could raise its share of this money by raising connection fees and user fees, putting aside money in an escrow account for this specific purpose when new subdivisions are developed, the development of a general capital improvement fund to match that of the homeowner's cost, or the possibility of some sort of State financing. A feasible solution must be decided for a problem that will not disappear and only promises to get worse. I would appreciate your assistance in making this meeting possible. Sincerely, Susan Matthews Susan Matthews 11600 Rexmoor Drive Richmond, Virginia 23236 July 6, 1994 Mr. John C. Watkins P.O. Box 159 Midlothian, Virginia 23113 Dear Mr. Watkins, This letter is in reaction to your endorsement of a regional participation plan to fix Richmond's sewerage overflow problem to be financed by Richmond, Henrico, and Chesterfield sewerage users. Writing as a Chesterfield County resident representing a group of neighbors, your idea on paper looks admirable but in reality, Chesterfield has enough sewer problems of its own with- out taking on another area. To explain this, let me provide you with some background. Before June 28,1989, the policy for sewer extension to established neighborhoods required a 70% homeowner participation with the County paying entirely for extension. Funding became a main budget concern and on the above date the then Board of Supervisors passed an ordinance to make sewer extension to established neighborhoods a total homeowner expense. The way this could be accomplished by the homeowner was in one of two ways:(1) the homeowner became his own general contractor and solicited bids from county approved contractors and engineering firms. This expedited the entire process but each individual made his own financial arrangements paying the prevailing interest rates for borrowed money or (2) the homeowners established an assessment district whereas the County would arrange all the engineering and contracting after public hearings and approval of four of the five Supervisors on the Board. Financial arrangements would be financed over a ten year period of time with a minimal fixed interest rate. The drawback of the assessment district is that it must have 100% total homeowner participation. Therein lies the problem. 100% total participation is almost impossible to achieve ( if almost all neighbors are in agreement that they will finance a sewer extension but only on¢ neighbor disagrees, then no one can get extension!). Neighbors hinge upon neighbors and with the cost of extension at approximately $10,000 - $15,000 per house (not including connection fees or plumber fees), much thought goes into agreeing and disagreeing, regardless of what problems neighbors are having with their individual septic systems. I live in an affluent established neighborhood (Stonehenge) that has 60% sewer and 40% septic. Most of these septic systems are 20-25 years old - some homeowners have experienced problems while others have not. My neighbors and I have attempted to establish an assessment district but one of our neighbors blocked it. Since he has not experienced any problems, he is gambling that he won't before he moves in two to five years and therefore, will not agree to pay $10,350 for sewer extension. This is fine but the rest of us do not believe that it is reasonable or practical to pay his $10,350, so therefore, none of us can get extension. We cannot wait for him to move because the price increases 10% a year and is already at the upper reaches of feasibility for many of us. Our only other option is to destroy our front yards by installing new septic systems and leaching fields (some neighbors have had to do this already) for $5000-$8000 with no guarantee this will solve any problems. It is a stop-gap method at best. I might also add that as of this letter, no other neighborhood has gotten as close as we have to establishing an assessment district and therefore, no precedent has been set in the County in regards to this policy. With the above as background for what I believe to be a very common problem in Chesterfield (there are projects in excess of thirty million dollars for those who need sewer extension right now on the books!), I have a proposal that may benefit both of us. You want regional cooperation with Chesterfield residents participating and I want a fairer policy for Chesterfield residents to obtain sewer extension. If help to obtain sewer could be provided for all those in Chesterfield who desire it, the base for financial help for your proposed regional cooperation plan would be greatly expanded and possibly become a reality. This could be done in one of two ways: (1) the introduction and promotion of a bill in the State Legislature to decrease the 100% homeowner participation requirement to 70%, thereby making it feasible for the majority to obtain sewer extension through assessment districts. All would have to pay for the extension but not be required to connect until they desire. With 70% agreeing, this would be for the betterment of the majority and good for all. (2) if this is not agreeable to you or if the Legislature fails to change the law, prevail upon the five Supervisors on the Board to change their policy of making extension a total homeowners expense either back to the policy prior to June 1989 or to a modification of it requiring the homeowner to pay a portion of the cost (perhaps 50-50). Funding would be provided by selling bonds and raising connection and user fees. Our user fees is how you suggested we finance Richmond's problems. User fees should benefit the area in which the resident is located fa'st, therefore, let's help Chesterfielcl residents-FIRST! Your help and support to achieve either of these proposals is urgently needed. This issue may not be your immediate concern, but it is my and my neighbors' priority that Chesterfield problems be tackled and solved fa'st before support is given for help to the surrounding areas. I am forwarding this letter to ail of Chesterfield's county delegates in the State Legislature (to consider the 100% participation rule), the five supervisors for Chesterfield County (to consider changing the existing extension policy), and to Mr. Bryant, Director of Chesterfield Utilities. The Utility Department has been most helpful in this matter but their hands are tied by the policy adopted by the Board of Supervisors and the 100% participation State Statute policy. We need for you and the above people to understand and recognize Chesterfield's problem and ACT upon it. It is not going to go away, it will only get worse- let's adopt a fair policy to help all! I look forward with interest to hearing from you with respect to what action we can expect from you in regard to these two proposals. If needed, I would be happy to expand upon the above or supply such additional information as you may require. Sincerely, Susan Matthews P.S. I am also sending a copy of this letter to Mr. George Allen, our Governor. It is my understanding he has appointed a "Blue Ribbon Strike Force" to look into matters, such as this one, specifically where the citizen cannot get anything done for the good of all due to governmentalbureaucracy, politicians who don't want to get involved for fear of not getting re- elected, or laws that are extreme in practice and punitive to the citizens they are supposed to help. This sewer extension problem fits all three categories. · :E40 WASTEWATER PETITIONS FOR THE BERMUDA DISTRICT NAME PROJECT # ESTIMATED CONSTRUCTION COST NORCLIFF RD/PAMS RD BEECHWOOD ROAD RAYON PARK SHADY SPRINGS WALNUT PLACE WOOD-DALE CHESTER AREA A. PERCIVAL STREET B. CARRINGTON STREET JIM STREET CURTIS STREET C. BRUCE FARMS BENSLEY RESCUE SQUAD NORMANDALE TERRACE AREA GREENBRIAR/TREELAND HEIGHTS GREENBRIAR/TREELAND HEIGHTS TRUEHEART HEIGHTS OMAHA, CARSWELL AREA 890975 $ 302,560.00 890985 $ 384,920.00 890991 $1,757,519.00 890992 $ 784,644.00 890998 $ 38,452.00 891004 $ 298,491.00 891016 891016 $ 119,072.00 891016 $ 351,572.00 891016 $1,734,495.00 891025 $ 67,889.00 891026 $ 169,508.00 900104 $ 299,872.00 900104 $1,575,923.00 900304 $ 480,773.72 910077 $ 444,576.44 TOTAL $8,810,276.16 -P.~rc~.,ar~o. ~'V~rf h~s rcq,~.¢,~rf ~q% d~ f~l~.~ money,, WASTEWATER PETITIONS FOR THE CLOVER HILL DISTRICT NAME PROJECT # ESTIMATED CONSTRUCTION COST AMBER HEIGHTS CHESNUT HILLS REMAINDER RUTHERS ROAD OAK HAVEN FARMS NORTHLAKE HILLS WAGSTAFF CIRCLE AREA A. WEST PROVIDENCE ROAD B. ADKINS ROAD C. ADKINS RD/WEST PROVIDENCE RD STONEHENGE REMAINDER ARROWHEAD REMAINDER RUNNYMEADE SUNCREST TURNER ROAD LONGWOOD ACRES SOUTH PROVIDENCE ROAD 890979 $ 522,470.00 890980 $ 175,605.00 890986 $ 491,415.00 890989 $ 353,914.00 890990 $ 619,805.00 890993 $ 50,468.00 $ 39,965.OO $ 377,451.00 890995 $2,985,895.00 (2 DISTRICTS) 890999 $ 488,241.00 891002 $ 601,540.00 891019 $ 440,644.00 891020 $ 464,538.00 900176 $ 93,259.60 910055 $ 114,216.41 TOTAL $5,361,893.01' *Includes 172 of Projects 890990, 890995, and 891002 which are partially in the Dale, Midlothian and Matoaca Districts respectively. -'T' qis i.c all r'e -ctc 2 ! WASTEWATER PETITIONS FOR THE DALE DISTRICT NAME MAYFAIR ESTATES, SEC. A NORTHLAKE HILLS GARLAND HEIGHTS REMAINDER EDWARDS RESIDENCE, 5633 COGBILL BELMONT ROAD JESSUP FARMS LAKE HILLS COURT COPPERPENNY ROAD PROJECT # 890977 890990 890994 890996 891001 891006 891017 900113 TOTAL ESTIMATED CONSTRUCTION COST $ 199,849.00 $ 619,805.00 (2 DISTRICTS) $ 433,466.00 $1,091,666.00 $ 199,912.00 $ 499,206.00 $ 165,348.26 $2,899,349.76* * Includes 1/2 of Project 890990, which is partially in the Clover Hill District. ** Due to the topographic conditions of the properties in question, the possibility of public gravity sanitary sewer is highly unlikely without the installation of a gravity trunk line paralleling the shoreline of the Falling Creek Reservoir. Therefore, the utilization of the pump station/force main configuration could provide a means of sewage disposal without the excessive cost of a trunk line. NAME WASTEWATER PETITIONS FOR THE MATOACA DISTRICT PROJECT ESTIMATED CONSTRUCTION COST WHITEHOUSE ROAD ALBERTA ROAD RUNNYMEADE TOTAL 890985 891000 891002 $386,955.00 $124,355.00 $601,540.00 (2 DISTRICTS) $812,080.00' * Includes 1/2 of Project 891002, which is partially in the Clover Hill District. WASTEWATER PETITIONS FOR THE MIDLOTHIAN DISTRICT NAME PROJECT # ESTIMATED CONSTRUCTION COST ENGLEWOOD MIDLOTHIAN SURVEY A. SALISBURY DRIVE B. OAK LANE HILLANNE DURRETT - JOYCE AREA BRIGHTEN GREEN SEC. 2 BON AIR PLAT OLD BUCKINGHAM/BLACK HEATH NORTH PINETTA DRIVE STONEHENGE PENROSE DRIVE SOUTHAM A. JAHNKE ROAD B. JAHNKE ROAD C. JAHNKE ROAD D. JAHNKE ROAD E. JAHNKE ROAD F. BLOOMFIELD ROAD G. BLOOMFIELD ROAD ENGLEWOOD REMAINDER BON AIR MANOR HEATHMERE CRESCENT 890936 890976 890978 890981 890982 890984 890987 890988 890995 891003 891005 891018 891021 900112 $ 228,454.00 $ 43,340.00 $ 77,310.00 $ 255,038.00 $ 183,506.00 $ 81,140.00 $ 216,211.00 $ 74,659.00 $ 121,147.00 $2,985,895.00 (2 DISTRICTS) $ 155,250.00 $ 51.457.00 $ 305.281.55 $ 64 721.00 $ 50 0O5.O0 $ 7O62.00 $ 14040.00 $ 50.513.00 $ 27O 794.00 $ 729644.00 $ 84.002.8O TOTAL $4,556,522.85* *Includes 1/2 of Project 890995, which is partially in the Clover Hill District. 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 OISTRICT July 21, 1994 CHESTERFIELD COUNTY P.O. BOX 40 CHESTERFIELD, VIRGINIA 23832 (804) 748-1211 COUNTY ADMINISTRATOR LANE B. RAMSEY Ms. Susan Matthews 11600 Rexmoor Drive Richmond, Virginia 23236 Dear Ms. Matthews: Your request to address the Board of Supervisors under Hearings of Citizens on Unscheduled Matters or Claims has been placed on the agenda for July 27, 1994 at 7:00 p.m. Under this category, the Board of Supervisors Rules of Procedure require that the presentation of the claim not exceed thirty minutes in total and each individual speaker will have five minutes. Persons appearing before the Board will not be allowed to: (a) Campaign for public office; (b) Promote private business ventures; (c) Address matters within the administrative province of the County Administration; (d) Engage in personal attacks; (e) Use profanity or vulgar language; or (f) Speak to matters previously presented to the Board by the speaker without the County Administrator's recommendation. If you have any questions, please do not hesitate to contact me. Sincerely, Lane B. Ramsey County Administrator tp Providing a FIRST CHOICE community through excellence in public service. Meeting Date: CHESTERFIELD COUNT.. BOARD OF SUPERVISORS AGENDA July 27, 1994 Item Number: Page i ot'~ ADDITION 15.B. Subject: Allocation of development funds and authorization for the purchase of a Parcel of Land for Clover Hill Sports Complex from Mr. Irvin G. Horner. Count}r Administrator's Comments: CountyAdministrator: BoardAction Requested: Staff requests that the Board of Supervisors approve the purchase of a parcel of land for Clover Hill Sports Complex and authorize the County Administrator to sign a contract and deed. Staff also requests that the Board of Supervisors allocate an additional $200,000 from the reserve for Capital Projects for construction of Park facilities at the Clover Hill Sports Complex. Summar~ of Information: Staff requests that the Board of Supervisors approve the purchase of a parcel of land containing 113 acres, more or less, at $3,000.00 per acre for construction of the Clover Hill Sports Complex, the location being shown on the attached exhibit. The exact acreage and boundaries of the property will be determined by survey prior .to closing. Funding for this purchase is available through the 1988 Parks Bond. Additional 1988 Parks Improvements Project Funds will be combined with this recommended $200,000 allocation for Phase I development of the Clover Hill Sports Complex. Preparer: Attachments: Yes ~ No Title: Director of Parks and Recreation '!' ~iunt Hermon Otterdale jSHERDA E - ~ ' PARK '?// PARK ///OTTERD!LE N' Ju 1 26,94 9:09 P.01 \ 'J 'xV,' ! ! I I I / l/ / / f' // Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA July 27, 1994 Item Number: Page 1 of 1 16 .A. Subject: Public Hearing to consider an amendment to Section 21.1-18 of the Code of the County of Chesterfield, relating to Notification and Posting of Property-Hearings. Count}r Administrator's Comments: CountyAdministrator: BoardAction Requested: Cancel the Public Hearing and refer the attached ordinance amendment to the Planning Commission which will require the County to notify adjacent counties and municipalities of zoning changes, comprehensive plans, or variances planned for land located within one-half mile of a common boundary. Summary o f Information: Currently, counties or municipalities are not required to give notice to adjoining counties or municipalities when comprehensive plans or amendments, zoning changes, or special exceptions and variances, are being considered for property located along common boundaries. The General Assembly in 1994 amended state law to require that local governments rezoning or reclassifying any parcel of land within one-half mile of an adjoining county or municipality must give written notice to the adjoining local government. The proposed amendment is consistent with the change in state law and requires the County to give adjoining counties and municipalities 15 days notice in advance of any hearing involving a proposed comprehensive plan or amendment, proposed change in zoning, or variance involving any parcel of land located within one-half mile of the boundary of any adjacent city or county. This public hearing was scheduled as a result of the June 8, 1994 work session. The ordinance amendment should be referred to the Planning Commission for its recommendation concerning the notification of adjacent counties and municipalities of zoning changes, comprehensive plans, or variances planned for land located within one-half mile of a common boundar!t,,,--~ Preparer: "'--'~ Steven L: M~c'as" Attachments: Yes ~ No Title: County Attorney 1205:7143.1/7080.1 Z41 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1978, AS AMENDED, BY AMENDING AND REENACTING SECTION 21.1-18 RELATING TO NOTIFICATION AND POSTING OF PROPERTY-HEARINGS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 21.1-18 of the Code of the Count_ of Chesterfield, 1978, as amended, is amended and reenacted to read as follows: (a) Any request for rezoning, conditional zoning, conditional use, conditional use planned development, manufactured or mobile home permit, special exception, variance, or appeal of planning director's decision to the board of zoning appeals shall be advertised by reference, giving the place or places within the county where copies of the proposed ordinance or amendments may be examined. Any ordinance or amendment shall not be acted upon until notice of the intention to do so has been published, once a week for two (2) successive weeks in a newspaper published or having general circulation in the county. Such notices shall specify the time and place of hearing at which persons affected may appear and present their views, and such hearing shall be held not less than six (6) days nor more than twenty-one (21) days after final publication. (b) The director of planning, or his agent, shall, at least twenty-one (21) days before the date of the first hearing, on any application for rezoning, conditional zoning, conditional use, conditional use planned development, manufactured or mobile hOme permit, variance, or special exception or appeal of planning director's decision to the board of zoning appeals, post on the land or building involved in any application or appeal, a notice of the public hearing as follows: (1) Said notice shall be posted at reasonable intervals along streets abutting the subject property, or, if there is no abutting street, then at the proposed public street entrance to the property. The notice shall be posted in locations so as to be reasonably visible from public roads. (2) Neither the holding of any public hearing, nor the validity of any action on an application or an appeal, shall be affected by the unauthorized removal of a notice which has been duly posted in accordance with this section. (c) No application or petition shall be acted upon until the adjacent property owners have been given not less than fifteen (15) days written notice sent by registered, certified or first class mail for any hearing on any such application or petition. If such written notice is provided by first class mail, the planning staff shall make affidavit that such mailings have been made and file such affidavit with the papers in the case. 1205:7080.1 (d) When a proposed comprehensive plan or amendment thereto, a proposed change in zoning map classification, or an application for special exception or variance involves any parcel of land located within one-half mile of a boundary of an adjoining county or municipality of the Commonwealth, then, in addition to the advertising and written notification as above required, written notice shall also be given by the local commission. or its representative, at least fifteen days before the hearing to the chief administrative officer, or his designee, of such adjoining county or municipali _ty. (-d-) (e) Posting and notification of adjacent property owners, as outlined in this section, shall not be required when: the hearing involves an application for an amendment to the zoning Map initiated by resolution of the planning commission or board of supervisors, or appeal when such application or appeal involves twenty-six (26) or more parcels of land; or the hearing involves an appeal, concerning no specific property. (2) That this ordinance shall become effective immediately upon adoption~ 1205:7080.1 - 2 - ~',~ BOX 853 l~ ViRGINiA 2329txPO001 i8(}4i 649,.6000 ~28LfMYY ~ CHESTERFIELD COUNT'~ BOARD OF SUPERVISORS AGENDA Meeting Date: July 27, 1994 Item Number: Page 1 ,of.L_ 16.B. Subject: Public Hearing - Deed for Nursing Home Property Count7 Administrator's Comments: CountyAdministrator: BoardAction Requested: Public hearing on proposed change to Deed for Nursing Home property Summary of Information: This time has been set for a public hearing to consider proposed changes to the Deed of land to the Chesterfield Health Center Commission. The only change in the Deed approved earlier by the Board of Supervisors is to provide a general reversion of title to the County when no longer used to provide health services rather than tying the reversion to an Interjurisdictional Agreement. Preparer: ~ R~b~t/L.' ~ Attachments: ~/~~ Deputy County AOministrator # Yes [~ No DEED THIS DEED, made this ~ day of ,199 , by and between the COUNTY OF CHESTERFIELD, VIRGINIA, a political subdivision of the Commonwealth of Virginia, hereafter referred to as "County", and the CHESTERFIELD COUNTY HEALTH COMMISSION, a commission created pursuant to Chapter 37 of Title 15.1, Code of Virginia, 1950, as amended hereinafter referred to as "Grantee". WITNESSETH' WHEREAS, at a regular meeting of the Chesterfield County Board of. Supervisors held on August 25, 1993 a resolution was duly adopted authorizing the conveyance of the hereinafter described parcel of real estate to Grantee; and NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the' County does hereby donate, grant, bargain, sell and convey with 8peei~ General Warranty, except as hereinafter set forth, unto Grantee the following described real estate (the "Property"): ALL that certain lot, piece or parcel of land, with improvements thereon and appurtenances _thereto belonging, lying and being in Dale Magisterial District, Chesterfield County, Virginia, containing 25.5967 acres, more or less, as more particularly shown on a plat of survey "Plat of 27.5967 Acres of Land Situated on the North Line of Lucy Corr Ct.", prepared by Harvey L. Parks, Inc. and dated August 10, 1993, a copy of which plat is attached hereto as Attachment A and recorded herewith, and to which plat reference is hereby made for a more particular description of said property. This conveyance is made subject to restrictive covenants, conditions, easements and avigation easements of record to the extent that they may be applicable to the real estate hereby conveyed, for so long as the Commission shall use the p.roper _ty for the purpose of / // providing health care services to the citizens of Chesterfield Coun.ty and surrounding communities. If the grantee discontinues providing Health Services from the proper.W, fee simple title in the properw shall revert to and be vested in the County of Chesterfield. t-n Pursuant to the provisions of Section 58.1-811(C)(3), Code of Virginia, 1950, as amended, this Deed is exempt from the taxes imposed by Section 58.1-802. IN WITNESS WHEREOF, the County has caused this Deed to be executed by A. S. Warren, Chairman of the Chesterfield County Board of Supervisors, and the County seal affixed hereto and attested by Lane B. Ramsey, County Administrator, pursuant to the authority set forth in a duly adopted Board resolution which is in full force and effect. 0400:4678.3 .~A BOX 85333 HI(iHIMON/i), ViRGiNiA 23293-000'i VA 23832 Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA July 27, 1994 Item Number: Page __z_ of! 16.C. ~bject: Public hearing on the County's 1994-95 Community Development ~lock Grant (CDBG) Investment Program. County Administrator's Comments: Board Action Requested: Approve the County Administrator's recommended ?09A-95 CORe Program and authorize the County Administrator to submit ~ Final Statement of Community Development Objectives an~ Projected Use of Funds to the U.S. Department of Housing and Urban Develooment. Summar~ of Information: The County's Community Development Block Grant (CDBG) Program Final Statement for 1994-95 is required to be submitted to the U.S. Department of Housing and Urban Development by August 1, 1994. The submission must follow a required public hearing by the Boar~ of Supervisors. HUD then has 30 days to review the program. ~ CDBG Review Committee comprised of County staff and. citizen repre- sentatives has made its recommendation to the County Administrator on the County's 1994-95 CDBG Program. The attached, list is the County Administrator's recommended CDBG Investment Proer~m for 1994-95 including 33 projects to be funded with the County's 1994-95 allocation of $1.472 million. Preparer: ,,.~~i~ //?d~ ~,L.~/~7 "--~ Lewis ~. ~endell Title: County Administrator: Attachments: Yes [--] No CDBG Director # {~ Z47 INTRODUCTION: The proposed 1994-95 Chesterfield County Community Development Block Grant (CDBG) Program was developed through a process of citizen participation that included the distribution of application forms and informational material to civic associations, business groups, County schools, County departments, non-profit community development organizations, and individual citizens. A workshop open and publicized to the public was held on the evening of April 28 to explain the process for applications and answer any questions about the CDBG Program. A CDBG Review Committee comprised of citizen and business representatives from the JDA and the Ettrick Business Council/Ettrick on the Move and County staff from Economic Development, Budget, Social Services, Planning, and Community Development met to review all projects submitted for the 1994-95 CDBG Program. The Review Committee systematically rated projects in accordance with the following criteria: 1 Benefit to low and moderate income persons. 2 Effect on slums and blight. Extent to which project addresses community priorities. Past performance of the agency. 5 Amount of non-CDBG funds leveraged. Cost effectiveness. Project's investment return. o Project's use of volunteers or improvement of neighborhood self-sufficiency. Non-profit agencies, citizen groups, and County departments were all given specific instructions including the rating criteria to guide them in preparing CDBG project proposals. The 1994-95 CDBG Program year August 31, 1995. is from September 1, 1994 to County Administrator's Recommended 1994-95 Community Development Block Grant (CDBG) Program Total Allocation $1,472,000 :::::~:::::::: :::::::: ::::::: :i:i:i:i:i:i:i:i:~:!:i:i::.:i:i:i:i:i:i:i$~$i:i:i:i:i:i:i:i:!:i:i:i:i:i:i:i:i:i:i:~:i:~:i:i Ettrick Community Building A 5,000 square foot building to be constructed in Ettrick Park to serve the village of Ettrick and surrounding community for seniors and youth recreation programs, senior nutrition program, and civic association meetings. Recommended Fundinq $400,000 Seniors' Parking Lot - Bensley Hardsurfacing of parking lot adjacent to Bensley Community Center for use by senior citizens for meetings and activities at the Center. 5,000 Jeff Davis Landscaping Additional funding for implementation of the Jeff Davis Landscaping Plan. 20,000 Bensley Community Building Improvements Funding to connect rest rooms to the main building and for additional storage. 20,000 Ampthill Park Funds for a small park on Falling Creek Avenue. 20,000 Jeff Davis Streetlights - Chi~enham to City of Richmond line Funding for lighting similar to the installed south of Chippenham. project 100,000 -2- Falling Creek Park Improvements to Falling Creek Park and ironworks site. TOTAL PUBLIC IMPROVEMENTS Recommended Fundinq $ 20,000 $585,000 ElderHomes, Inc. Renovating 25 single family homes of low/mod income families. Interfaith Housing, Inc. Subsidizing the construction of five new homes in Ettrick. CARITAS Assistance to homeless. CARES Assistance to homeless. HOME - Housing Opportunities Made Equal Homeownership counseling and workshops and mortgage downpayment assistance. 200,000 50,000 10,000 10,000 20,000 -3- Residential Coordinator Continued funding for position to housing, public improvement and code programs. help manage enforcement Code Enforcement and Demolition Continued code enforcement and revolving demolition fund. TOTAL ~OUSING Ettrick Seniors Recreation Program At Ettrick Community Building. Bensley Seniors Recreation Program At Bensley Community Building. Edith Seibel Health Care Center At Bensley Elementary School. VITAL Dropout Prevention At Falling Creek Middle School. Communities in Schools Funding for a position to Chalkley Elementary schools. serve Bellwood and Youth Connection/Say Yes to Sports Youth recreation in low/mod income areas - Park Lee and Harrowgate. Recommended Funding $ 37, 000 20, 000 $347,000 35,000 30,000 18,000 40,000 20,000 14,000 -4- Kids Korner - Bermuda Run Youth recreation at Bermuda Run. Rec Squad - Youth Recreation Summer program at Bensley and Harrowgate parks. English as a Second Language Assistance for Cambodian residents in Jeff Davis neighborhoods. Bermuda Run Community Program TOTAL PUBLIC SERVICES ADA for Business Punds to help offset ADA improvement costs small businesses in Ettrick and Jeff Davis. for Business Coordinator Continued funding for Enterprise Zone coordinator and business development in Ettrick and Jeff Davis. JDA Marketing Additional funds for consultant marketing study of Jeff Davis area. TOTAL SPECIAL ECONOMIC DEVELOPMENT Recommended Fundinq $ 6,000 20,000 12,000 10,000 $205,000 20,000 47,000 30,000 $ 97,000 -5- Ironworks Plan Additional funds to assist with planning for the development of the Falling Creek Ironworks site. Recommended Fundinq $ 25,000 Ettrick Historic Study Additional funds to assist Ettrick with National Historic designation. TOTAL HISTORIC PRESERVATION PLANNING 10,000 $ 35,000 County River Plan Funds to contribute to the County's riverfront planning effort. Satellite Facility Study Funds to study the efficiency of providing a satellite facility in the Jeff Davis area for human services, public safety, and other County functions. TOTAL PLANNING AND CAPACITY BUILDING 20,000 15,000 $ 35,000 Indirect Costs Funds to offset accounting and other indirect costs to the County resulting from CDBG Program. 30,000 Administration Salaries, rent, utilities, office equipment, advertising, and other expenses related to managing CDBG Program. TOTAL ADMINISTRATION 138,000 $168,000 Unfunded Requests: ADA Improvements Unspecified Public Improvements at Bensley/Bellwood Elementary schools Volunteer Emergency Families Traffic Control Devices for Jeff Davis Matoaca Sidewalks Harrowgate Park Playground Harrowgate Elementary Basketball Harrowgate Park Press Box License Inspection request for additional staff Activity Scholarships Bensley Parent Coordinator Bus Service for Jeff Davis $15,000 15,000 7,000 25,500 50,000 25,000 8,000 12,000 35,158 2,000 18,000 50,000 BOX 85333 S CAPAAMMD Civic And Progressive Action Association Matoaca Magisterial District July 27, 1994 PUBLIC HEARING CAPAAMMD 8UPPORq~S ..THE ALLOCATIONS FOR THE MATOACA MAGISTERIAL DISTRIC~g IN THE 1994-95 FISCAL YEAR BLOCK GRANTS BUDGET. WE ALSO EXPECT ANY UNExpENDED AMOUNTS FROM THE PREVIOUS YEAR TO BE APPLIED TO THE 1994-95 'XLLOCATIONs. IN PARTICULAR, WE EXPECT THIS TO HAPPEN WITH ALL ALLOCATIONS FOR A NEW ETTRICK COMMUNITY CENTER. WE HAVE WORKED WITH APPROPRIATE COUNTY AGENCIES WITH REGARD TO ESTABLISHING THE CURRENT PROGRAM IN THE INTERIM CENTER AND WE ARE HAVING IN-PUT INTO THE PROGRAM AND DESIGN FOR THE NEW STRUCTURE. WE EXPECT THIS TO CONTINUE. IT IS OUR UNDERSTANDING THAT THE NEW CENTER WILL BE CONSTRUCTED AT ETTRICK PARK. WE ARE THANKFUL FOR THE HARD-EARNED ACCOMPLISHMENTS THAT HAVE BEEN MADE IN COOPERATION WITH THE BOARD OF 'SUPERVISORS, PARKS AND RECREATION, THE BLOCK GRANTS DIVISION, SENIOR CITIZENS' NUTRITION PROGRAM, AND THE OTHER ETTRICK CIVIC, PLANNING, BUSINESS, SOCIAL, RECREATIONAL, CULTURAL, EDUCATIONAL, AND SAFETY ORGANIZATIONS THAT USE THE ETTRICK COMMUNITY CENTER. WE LOOK FORWARD TO THE SUCCESSFUL COMPLETION OF PLANS FOR THE CENTER. PRES IDENT, CAPAAMMD ,. ~" ~ CHESTERFIELD COUNTY :' ' : BOARD OF SUPERVISORS Page 1 of 1 ~ AGENDA Meeting Date: July 27, 1994 Item Number: 16. D. Subject:PUBLIC HEARI~]G Consideration for granting a waiver of thc Chesterfield Airport Industrial Park restrictive cov- enants concerning rear yard setback requirements for a parcel owned by PMB Inc., identified by tax map number 79-6 (3) 38, and located at 8111 Virginia Pine Court. County Administrator's Comments: County Administrator: ~ , Board Action Requested: Staff recommends granting a waiver of the Chesterfield Airport Industrial Park restrictive cove- nants for PMB Inc., for the purpose of their business expansion. Summary of Information: PMB Inc., located in the Airport Industrial Park since 1985, is a Dutch owned manufacturer and service provider of packaging machinery. Their business has grown substantially necessitating the expansion of their present facility. In order for them to expand, the most feasible option requires them to add to the rear of the facility. Due to property line constraints, this will require them to encroach upon the rear yard set back line imposed by the restrictive covenants. The rear property line adjoins Pt. 288, and in consultation with the Planning Department, we have determined that there will be no detrimental effect by granting the waiver. A variance from the Board of Zoning Appeals will also be required, with all site related issues addressed during site plan review. AGI4JN28/jal Preparer: Jay A. Langston Title: Marketing Representative # Attachments: l Yes ~--] No 3.78 AC . FORTUNE PLASTICS i2/15/86 7, 623 AC 16" TRU-PART, INC. 3.47 AC WATS PARTNER-SHIP 2/I/84 1.58AC PINE GLEN 16" C. NORMAN JONES I0/I/84 1,150AC OUR GANG LTD, 8/29/78 1.430AC J,D, a K,C, JOHNSON 11/6/74 1,660AC VIRGINIA PROPERTY INVESTORS 9/27/85 1,4 32 AC WHITEPINE ASSOCIATES 5/22/87 1,00 AC ENTERPRISES 5/31/79 3.10AC I N DUSTRIAL MACHINE 514187 1,895AC GEORGE K. KCRAGET 8/21/87 HACKMAN ~/9/e2 I, 582.AC ENGINEERING VIRGINIA 3/2o/81 2.00 AC L,D,S, 10/16/78 1.500AC W.G. FIELDS 3/15/83 I,OOAC PMB INC, R,E, ~ J,A. DAVEN PORT 7/20/83 1,65 AC 2,75 AC 5/15/85 1,080AC I I I I I I SUPE RADI A' COILS PARTN I0/11 3.0 2.967AC D~ BOX ,~b333 Rl¢: ~MQND~ ViRGiNiA 23283-0001 D Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS July 27, 1994 AGENDA Page ~- of 3 Item Number: 16.E. Subject: Public Hearing to Consider Amending the Zoning Ordinance ~'~lve to Fees for Certain Variance Requests. Count~ Administrator's Comments: CountyAdministrator: BoardAcfion Requested: The staff recommends the Board adopt the attached Ordinance amendments. The Planning Commission recommendation will be presented after their public hearing on July 19, 1994. Summary oflnformation: This ordinance amendment would lower the application fee for a setback variance county-wide in all zoning districts, from $570 to $230. On May 25, 1994, the Board of Supervisors referred the attached Zoning Ordinance amendments to the Planning Co~aission for their public hearing and recommendation. Matoaca District Supervisor Whaley M. Colbert has received complaints from constituents concerning the front setback for older lots with Agricultural zoning and asks the Board of Supervisors to refer a Zoning Ordinance amendment to the Planning Commission for public hearing and recommendation. A limited number of individuals have been unable to meet the setbacks and have not filed an application for a variance due to the filing fee. Generally, requests for setback variances are less complex and easier to analyze than the typical variance request and therefore, are less expensive to process. ~ ~~_~ Director of Planning Preparer: ....... Title: ~ ...... ~ A, ........ A, __,. Attachments: Yes D No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 Summary of Information: (Continued) In addition to assisting the individuals who have contacted Mr. Colbert, this amendment will assist individuals who wish to expand older homes or businesses. This amendment will promote investment in older areas which helps to maintain property values and neighborhood vitality. Had the attached Ordinance amendment been in effect in FY 93, the Planning Department would have received $7820 less revenue for the year. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Summary of Information: (Continued) BUDGET & MANAGEMENT COMMENTS: With the adoption of this Ordinance amendment, the Planning Department would receive approximately $8,800 less in revenue for FY95. While revenue would be reduced, the cost of processing variances will remain constant. At present, the Planning Department estimates that the average case takes about 4 days to process at a cost of $1,500- $2,000. Compared to a proposed fee of $230, this means that general tax revenue provides an average subsidy of $1,270-$1,770 per application. The department anticipates about 60 cases for FY95. Ja~es J.L. Stegmaier Director of Budget & Management AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1978, AS AMENDED, BY AMENDING AND REENACTING SECTION 21.1-17 relating to application fees for certain Variances. BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 21.1-17 of the Code of the County of Chesterfield, 1978, as amended~ is amended and reenacted to read as follows: Sec. 21.1-17. Fees for Hearings. The cost of each hearing requested pursuant to the provisions of this Chapter, including advertisement when required, shall be as follows and shall be deposited simultaneously with the filing of the application or petition: 000 (d) Variances, setback $230.00~78v8~ (e) Variances, administrative $230.00 (f) Variances, all other $570.00 0OO (2) That this ordinance shall become effective immediately upon adoption. VARFEE1/PL10 VIRGINIA 23293~O{}0I {804-t 64,9~6000 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2__of_L_ AGENDA Meeting Date: July 27, 1994 Item Number: ~_6. F. Subject: Public hearing to consider an amendment to the Code of Chesterfield County to change the criteria and eligibility to conduct bingo and raffles. County Administrator's Comments: County Administrator: c~ ...... BoardAction Requested: Adopt the attached ordinance changing the criteria, restrictions, and eligibility to conduct bingo and raffles. Summary of Information: The proposed amendments to the County Code sets forth additional requirements for organizations that wish to conduct bingo games. The proposed amendments contain a provision that require 50% of an organization's membership to be residents of the state. This provision also requires organizations conducting bingo to furnish the County with membership lists. Additionally, with the exception of certain fraternal orders, booster clubs, and volunteer fire and rescue companies, the proposed amendments require that organizations conducting bingo shall have been in existence and have met in the County for five (5) years prior to applying for a bingo permit. Other proposed amendments to this section of the County Code include raising the age limit of individuals that organizations can sell instant bingo cards to from sixteen (16) to eighteen (18) years of age; restrictions on a landlord's involvement in the management and operation of a tenant organization's bingo game; and precluding an organization from using any form of payment other than cash or checks for payment of charges to participate in bingo games. The proposed amendments also include a provision that will preclude all bingo games between midnight and 8:00 a.m. These changes are mandated by the 1994 revisions in state law. This public hearing was scheduled as a result of the June 8, 1994 work session. Preparer: . o~e.} Title: Steven L. Micas 1207:7124.1/7083A Attachments: I Yes No 1 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1978, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 4-26.1 THROUGH 4-36.1 RELATING TO BINGO GAMF_3 AND RAFFLF_3 BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 4-26.1 through 4-36.1 of the Code qf the Count_ qf Cheste~eld, 1978, as amended, is amended and reenacted to read as follows: Sec. 4-26.1. Definitions. For_the purpose of this article, the following words shall have the following m_earrings: (a) Bingo means a specific game of chance played with individual cards having randomly numbered squares ranging from 1 to 75, in which prizes are awarded on the basis of designated numbers on such cards conforming to a predetermined pattern of numbers selected at random. Such words shall have five (5) vertical rows headed respectively by the letters B.I.N.G.O., with each row having five (5) randomly numbered squares. (b) Raffle means a lottery in which the prize is won by ~j) a random drawing of the name or prearranged number of one (1) or more persons purchasing chances or (ii) a random contest in which the winning name or preassigned number of one or more persons purchasing chances is determined by a race involving inanimate objects floating on a body of water, commonly referred to as a "duck race". However, nothing in this article shall prohibit an organization from using the state lottery department's Pick-3 number as the basis for determining the winner of a lottery. For purposes of this definition, "raffle" shall include determining the winner of a lottery by use of prepackaged pull-tab devices which are devices made completely of paper or paper products with concealed numbers or symbols that must be exposed, by the player to determine wins or losses and may include the use of a seal which conceals a number or symbol that has been designated in advance as a prize winner, including but not limited to pull-tab devices commonly known as tipboards or seal cards. (c) Instant bingo means a specific game of chance played by the random selection of one (1) or more individually prepacked cards, with winners being determined by the preprinted appearance of the letters B.I.N.G.O. in any prescribed order on the reverse side of such card. (d) Jackpot means a bingo card played as a part of a bingo game def'med in section 4-26. l(a) in which all numbers on the card are covered, each number being selected at random, and with no more than one free or "wild" number:, number. 1205:70g&1 - 1 - -vv.j ......................... 0~ hndlord mmns any person or his agent, tim, association, .0rg~ation, p~nership, or co~omtion, or employ~ ther~f, which owns and Imses, or lmses ~y premise devot~ in whole or in pa~ to the conduct of bingo games, and any person residing in the same household as a landlord. Sec. 4-27. Who may conduct. (a) With the exception of the following organizations, it shall be unlawful for any organization or person to conduct, promote, set up or manage a bingo game, including as a part of such bingo game the playing of "instant bingo" or "bingo in any rotation," Qr raffle within the county: A voluntary fire department, rescue squad or auxiliary unit thereof, which is designated in section 16-1 as an integral part of the official safety program of the county or is designated by resolution of the county as being a part of such safety program. (2) An organization operated exclusively for religious, charitable, community or educational purposes. (3) An association of war veterans or auxiliary units thereof organized in the United States or any of its possessions. (4) A fraternal association operating under the lodge system. Co) In addition, any organization qualifying under subsection (a)(1) through (4) above must also meet the following requirements: (1) The organization shall operate currently as a nonprofit organization and shall always have been operated in the past as a nonprofit organization. (2) The organization shall have a membership consisting of at least fifty_ percent of the residents of the Commonwealth, and shall furnish a complete list of its membership in order for the County to ascertain the percentage of Virginia residents. In no case shall the organi?ation apply for or receive more than one permit, and (-~3(3) Except for recently established volunteer fh'e and rescue companies or departments, such organization shall have been in existence and met on a regular basis in the county for a period of at least ~ five (5) years immediately 1205:7083.1 - 2 - prior to making application for such permit. However, this requirement shall not apply to: Any lodge or chapter of a national or international fraternal order or a national or international civic organization which is exempt under section 501(c)(3) of the United States Internal Revenue Code and which has a lodge or chapter holding a valid bingo permit issued in accordance with state law anywhere within the commonwealth. b. Booster clubs which have been operating for less than ~ five (5) years, and which have been established solely to raise funds for school-sponsored activities in public schools which are less than two-(g) five (5) years old. (c) Any organization whose gross receipts from all bingo operations exceeded or can be expected to exceed seventy-five thousand dollars ($75, 000.00) in any calendar year shall have been granted tax-exempt status pursuant to section 501C of the United States Internal Revenue Code. At the same time tax-exempt status is sought from the Internal Revenue Service, the same documentation may be fried with the local governing body for an interim certification of tax-exempt status. If such documentation is fried, the local governing body may, after reviewing such documentation as it may deem necessary, issue its determination of tax-exempt status within sixty (60) days of receipt of such documentation. The local governing body may charge a reasonable fee, not to exceed five hundred dollars ($500.00). This interim certification of tax-exempt status shall be. valid until the Internal Revenue Service issues its determination of tax-exempt status, or for eighteen (18) months, whichever is earlier. Sec. 4-28. Application for permit, application fee and required documents. (a) No volunteer fn'e department, rescue squad or organization mentioned in section 4-27 shall conduct a bingo game or raffle without fa'st having obtained an annual permit from the county. Application for such permit shall be submitted to the office of the county administrator on a form provided by such office. Each application shall be accompanied by all of the following: (1)' A check in the amount of twenty-five dollars ($25.00) payable to the treasurer of the county as an application fee. The fee shall not be prorated for any portion of the calendar year. (2) A copy of the organization's current charter, articles of incorporation, bylaws and other legal documents which specifically state the purposes for which the organization is chartered or organized. 1205:7083.1 - 3 - (3) A copy of a resolution of the organization's board of directors authorizing the applicant to apply on behalf of the organization for a permit. (4) A copy of a letter, where applicable, evidencing tax exempt status granted to the organization pursuant to section 501C of the United States Internal Revenue Code. (b) Each application and accompanying documents shall be a matter of public record. (c) Each application shall be acted upon by the board of supervisors within sixty (60) days after it is fried with the office of the county administrator. Sec~. 4-29. Issuance of permit. (a) Each permit shall be issued by the chairman of the board of supervisors upon prior approval of the board. Each permit shall be issued on a calendar year basis and shall be valid from the first day of January until the thirty-first day of December of each year. Each permit shall be nontransferable. An organization which obtains a permit to conduct a raffle may sell raffle tickets both within and without the county, except that pull-tab devices as defined in section 4-26.1(b) used as part of a raffle may be sold only upon the premises owned or exclusively leased by such organization and at such times as it is not opened to the public, except to members and their guests. (b) Each permit shall be valid only within the county and only at the locations designated in the permit application; provided, that a permit may be issued to an organization which relocates its meeting place on a permanent basis from another jurisdiction to a location within the county if: (1) The organization meets the requirements of section 4-27(0; and (2) The organization was the holder of a valid permit from the other jurisdiction at the time of relocation. Sec. 4-30. Permit restrictions. The operation and conduct of every bingo game or raffle shall be subject to reasonable regulation by the board of supervisors to ensure the public safety and welfare in the operation of the bingo game or raffle. As a condition of receiving a permit, the permittee shall be required to contribute an annual minimum of five (5) percent of the gross receipts from all bingo games and raffles ~ for those lawful religious, charitable, community or educational purposes for which the organization is specifically chartered or organized, and or (ii) those expenses relating to the acquisition, construction, maintenance, or repair of any interest in the .real 1205:7083.1 - 4 - property_ involving the operation of the organization and used for lawful religion no less thant than tev,-O~ eight (8) percent of gross receipts average for three (3) consecutive annual reporting periods. The operation and conduct of every bingo game or raffle shall be subject to the following additional restrictions: (a) No organization may hold bingo games more frequently than two (2) calendar days in any one (1) calendar week; except, that the board of supervisors may grant an organization a special permit which would entitle such organization to conduct more frequent operations during carnivals, fairs and other similar events held at such organization's principal meeting place or at any other site selected by such organization, which is located within the county, and which organization is not in violation of the county zoning ordinance. ~ The sponsoring organization shall accept only cash or, at its option, checks in payment of any charges or assessments for players to participate in bingo games=. However, no organization shall accept post-dated checks in payment of any charges or assessments for players to participate in bingo games. No organization or any person on the premises shall extend lines of credit or accept any credit or debit card or other electronic fund transfer in payment of any charges or assessments for players to participate in bingo. qo-)_(~ Bingo games or raffles shall, during all hours of operation, be open to inspection by appropriate county officials. (-e-)(d) During all times when the bingo games or raffles are in operation, the bingo or raffle permit shall be displayed or shall be available on the premises for display. (d-)(e) Any organization qualified to conduct bingo games, is authorized to play instant bingo as a part of such bingo game; provided, that: (1) Instant bingo may be conducted only at such times as a regular bingo game, as defined in Code of Virginia, section 18.2-340.1(2), in progress and only at such locations and at such times as are specified in the bingo application permit. (2) The gross receipts between October 1 and September 30 of the reporting year attributable to the playing of instant bingo shall not exceed thirty-three and one-third (33 1/3) percent of the gross receipts of the organization's bingo operation during the same time period. (3) The organization which conducts the playing of instant bingo shall maintain complete and accurate records of the date, quantity and card value of instant bingo supplies purchased as well as the name and address of the supplier of such instant bingo supplies. The organization shall also maintain a written invoice or receipt from a nonmember of the organization verifying any information required by this subsection. 1205:70~.1 = 5 - (4) No organization shall sell an instant bingo card to any individual below r, Lxtccn (-t4) eighteen (18) years of age. (-e)LO Except for persons employed as clerical assistants by organizations composed of or for deaf or blind persons, only bona fide members of any such organization who have been members of such organization for at least ninety (90) days prior to such participation shall participate in the management, operation or conduct of any bingo game or raffle. Notwithstanding the foregoing, employees of a corporate sponsor of a qualified organi?ation may participate in the management, operation or conduct of one raffle per year. Except as provided herein, no person shall receive any remuneration for participating in the management, operation or conduct of any such game or raffle. Persons employed by organizations composed of or for deaf or blind persons may receive remuneration not to exceed thirty dollars ($30.00) per event for providing clerical assistance in the conduct of bingo games or raffles only for such organizations. Persons eighteen (18) years of age and under who sell raffle tickets to raise funds for youth activities in which they participate may receive nonmonetary incentive awards or prizes from the organization provided that organization is nonprofit. The spouse of any such bona fide member or a firefighter or rescue squad member employed by a political subdivision with which the volunteer firefighter or rescue squad member is associated may participate in the operation and conduct of a bingo game or raffle if a bona fide member is present. As used in this article, a "bona fide member" shall mean a member who actively participates in an organization's activities outside of the organization's bingo or raffle operations. An individual who joins an organization solely to participate in the management, operation or conduct of bingo games or raffles or who takes part only in an organization's bingo or raffle operations shall not be considered a "bona fide member" for purposes of this article. (g) No landlord shall, at bingo games conducted on the landlord's premises, (i) participate in the conduct, management, or operation of any bingo games; (ii) sell, lease or otherwise provide for consideration any bingo supplies, including, but not limited to, bingo cards, instant bingo cards, markers, or other game pieces; or (iii) require as a condition of the lease or by contract that a particular manufacturer, distributor or supplier of bingo supplies or equipment be used by the organization. If equipment or services are included by a landlord in any lease or contract, the lease or contract shall itemize the amount attributable to the rent of the premises, equipment, and each service to be provided by the landlord. The provisions of this subsection shall not apply to any charitable organiTation conducting bingo games on their own behalf and owns the premises where such bingo games are held. (-g)(h) No organization shall enter into any contract with or otherwise employ or compensate any member of that organization regarding the sale of bingo supplies or equipment. (g-) i~ No organization shall award any bingo prize or any merchandise valued in excess of the following amounts: 1205:7083.1 - 6 - (1) No bingo door prize shall exceed twenty-five dollars ($25.00). (2) No regular bingo or special bingo game shall exceed one hundred dollars ($100.00). (3) No bingo jackpot, of any nature whatsoever, shall exceed one thousand dollars ($1,000.00), nor shall the total amount of bingo jackpot prizes awarded in any one (1) calendar day exceed one thousand dollars ($1,000.00). No organization shall award any raffle prize or prizes valued at more than one hundred thousand dollars ($100,000.00). The one hundred thousand dollars ($100,000.00) limitation shall not apply to a raffle conducted no more than once per calendar year by an organization qualified as a tax-exempt organization pursuant to section 501(c)(3) of the Internal Revenue Code for a prize consisting of a lot improved by a residential dwelling where one hundred ~l_00) percent of the moneys received from such a raffle, less deductions for the fair market value for the cost of acquisition of the land and material, are donated to lawful religious, charitable, community, or educational organizations specifically chartered or organized under the laws of the commonwealth and qualified as a section 501(c)(3) tax-exempt organization. The award of any such prize money shall not be deemed to be a part of any gaming contract within the purview of Code of Virginia, section 11-14. -,v ............... uc, c,f any gm'nc ....... (j) Any bingo game in which all the gross receipts from players for that game are Paid a prize money back to the players shall not be subject to the limitations of section 4-30(g), but there shall not be more than one (1) such game per calendar day of play and the prize money from any such game shall not exceed one thousand dollars ($1,000.00). (k) Any organization composed of or for deaf or blind persons that employs a person not a member to provide clerical assistance in the conduct of bingo games or raffles shall have in force fidelity insurance, as defmed in Code of Virginia, section 38.2-120, written by an insurer licensed to do business in the commonwealth. (1) No person shall participate in the management, operation or conduct of any bingo game or raffle if, within the preceding five (5) years, he has been convicted of a felony or crime or moral turpitude. Further, no person shall participate in the management, operation or conduct or any bingo game or raffle if that person, within the past five (5) years~ has participated in the management, operation, or conduct of any bingo game or raffle which was found by a local 1205:7083.1 - 7 - permitting authority or by a court of competent jurisdiction to have been operated in violation of state law or local ordinance. (m) No organization shall conduct bingo games between midnight and 8:00 a.m. Sec. 4-30.1. Joint operation of bingo games; restrictions; special permit required. (a) Two (2) qualified organizations as def'med in this article may jointly organize and conduct bingo games, provided both have been issued a permit under the provisions of state and county law and provided both fully comply with ali other provisions of this article. (b) Any two (2) qualified organizations jointly conducting bingo games shall be subject to the same restrictions and prohibitions contained in this article that would apply to a single organization conducting bingo games. Organizations jointly conducting bingo games shall not circumvent any restrictions and prohibitions which would otherwise apply if a single organization were conducting such games. These restrictions and prohibitions shall include, but not be limited to, the frequency with which bingo games may be held, the value of merchandise or money awarded as prizes, and all other practices prohibited under Code of Virginia, section 18.2-340.1 et seq. (c) Any two (2) qualified organizations which wish to jointly conduct one (1) or more bingo games shall furnish the county a written report setting forth the division of manpower, costs, and proceeds for each game to be jointly conducted. Upon a f'mding that the division of manpower and costs for each game bears a reasonable relationship to the division of proceeds, the county shall issue a special permit for the joint conduct of all approved bingo games. No bingo game may be jointly conducted until this special permit is obtained by the organization involved for that bingo game. Sec. 4-31. Other prohibited practices. In addition to other practices prohibited by this article and prohibited by law, the following practices are prohibited: (a) Except for reasonable and proper operating costs and prizes, no part of the gross receipts derived by an organization permitted to conduct bingo games or raffles may be used for any purpose other than: (1) Those lawful religious, charitable, community or educational purposes for which the organization is specifically chartered or organized; and (2) Expenses relating to the acquisition, construction, maintenance, or repair, of any interest in the real property involving the operation of the organization and used for lawful religious, charitable, community or educational purposes. 1205:7083.1 - 8 - (b) No organization shall enter into a contract with or otherwise employ for compensation any person for the purpose of organizing, managing or conducing bingo games or raffles except as provided in subsection (e) of section 4-30. This shall not prohibit the joint operation of bingo games pursuant to section 4-30.1. (c) No person shall pay or receive for use of any premises devoted, in whole or in part, to the conduct of bingo games or raffles any consideration in excess of the current fair market rental value of such property. For the purposes of this article, no fair market rental value consideration shall be based upon or determined by reference to a percentage of the proceeds derived from the operation of bingo games or raffles, nor shall such consideration be based upon or determined by any reference to the number of people in attendance at such bingo games or raffles. Each day in violation of this subsection shall constitute a separate offense and shall be punishable either by a fine of not more than one thousand dollars ($1,000.00) or by confinement in t_he county jail for not more than twelve months or both. ;_ (d) No building or other premises shall be utilized in whole or in part for the purpose of conducting bingo games more frequently than two (2) calendar days in any one (1) calendar week; provided, that this subsection shall not apply to the playing of bingo pursuant to a special permit issued in accordance with section 4-30(a). No building or premises owned by an organization which qualifies as a tax-exempt organization pursuant to section 501C of the Internal Revenue Code shall be utilized in whole or in part more frequently than four (4) calendar days in any one calendar week. Sec. 4-32. Records and reports of gross receipts and disbursements. (a) The organization shall keep complete records of all bingo and raffle receipts and disbursements, which records shall be fried annually under oath with the county internal audit department on a form furnished by the department. All such reports shall be submitted to the internal audit department not later than the first day of Novem~ December of each calendar year for which a permit has been issued. Each report shall include a report of the gross receipts and disbursements of an organization for the year period which commenced on October 1 of the previous year and ended on September 30 of the current year. However, any organization whose gross receipts exceed fifty thousand dollars ($50,000.00) during any calendar quarter shall file with the internal audit department an additional report of its receipts and disbursements during such quarter not later than sixty (60) days following the last day of such calendar quarter. 'The annual or quarterly financial report and other items required to be fried pursuant to this section shall be a matter of public record. "Gross receipts," as used in this section, shall mean the total amount of money received from bingo and instant bingo operations and raffles before the deduction of expenses or prizes. (b) Each f'mancial report shall be accompanied by a certificate, verified under oath, by the board of directors of the organization to which the permit is issued, that the proceeds of all bingo games and raffles have been used by those lawful, religious, charitable, community or 1205:7083.1 - 9 - educational purposes for which the organization is specifically chartered or organized and that the operation of bingo games or raffles has been in accordance with the provisions of Code of Virginia, title 18.2, chapter 8, article 1.1. (18.2-340.1 et seq.) Additionally, any organization having annual gross receipts from bingo games or raffles in excess of two hundred and fifty thousand dollars ($250,000.00), as shown on its annual financial report, shall attach to such report an opinion of a licensed independent certified public accountant that the annual financial report presents fairly, in all material respects, beginning cash, receipts, operating cost, use of proceeds, and ending cash; that the proceeds of any bingo games or raffles have been used, in all material respects, for those lawful, religious, charitable, community or educational purposes for which the organization is specifically chartered or organized; and that gross receipts have been used, in all material respects, in accordance with the provisions of this article. (c) The failure to file such f'mancial reports when due shall cause the automatic revctcation of the permit, and no organization whose permit has been revoked s _txgll. conduct any bingo game or raffle thereafter until a report is properly fried and a new permit is issued through the application process described in section 4-28. (d) Notwithstanding the provisions of this section requiting, an annual audit, the provisions of this section shall not be construed so as to prohibit the internal audit department staff or its designated representative from performing unannounced audits or restrict any right of any county official to secure any records required to be maintained pursuant to this article. The internal audit department and its designated representative shall have the authority to go upon the premises on which any organization is conducting a bingo game, or on the premises where bingo records are kept, for the purpose of carrying out the duties imposed by this article. The application for the bingo permit shall constitute permission from and authority granted by such organization to any law enforcement officer, the internal audit department or its designated representative to enter upon such premises. (e) Every organization authorized to conduct bingo games and raffles shall maintain a record in writing for three (3) years of the dates on which bingo is played, the number of people in attendance on each date and the amount of the receipts and prizes paid on each such day. The organization shall also maintain a record of the name and address of each individual to whom a door prize, regular or special bingo game prize or jackpot from the playing of bingo is awarded, as well as the amount of such award. The organization playing bingo shall also maintain an itemized record of all receipts and disbursements, including operating costs and use of proceeds, incurred in operating bingo games. (f) Each organization shall be required to account for bingo, instant bingo and raffle operations in accordance with procedures and instructions established by the county internal audit department. Sec. 4-33. 'Audit fee. Every organization authorized to conduct bingo games and raffles pursuant to this article shall pay an audit fee equal to two (2) percent of the gross receipts which an organization reports pursuant to section 4-32; provided, that if the gross receipts of an organization are less than two thousand dollars ($2,000.00) for the designated reporting period, such audit fee is waived. "Gross receipts," as used in this section, means the total amount of money received from bingo, instant bingo and raffle operations before the deduction of expenses or prizes. Such audit fee shall be determined by the gross receipts shown on the f'mancial report, subject to correctness by audit, and shall accompany such report required to be fried with the internal audit department on or before Nc, vcmber December 1 of each year, pursuant to section 4-32. The two (2) percent audit fee shall apply to all the gross receipts for games conducted after October 1, 1990. The audit fee for games conducted prior to that date shall be one (1) percent. Sec. 4-34. Revocation, denial or suspension of permit. (a) The county board of supervisors may deny, suspend or revoke the permit of any volunteer f'u'e department, rescue squad or organization found not to be in strict compliance with the provisions of this article, or found not to be in compliance with any provisions of this Code or the Code of Virginia. (b) Except for permits automatically revoked pursuant to section 4-32(c) for failure of an organization to f'de Financial reports, no permit to conduct bingo games or raffles shall be denied, suspended or revoked except upon notice stating the proposed basis for such action and the time and place for a hearing thereon. After a hearing on the issues, the county board of supervisors may refuse to issue or may suspend or revoke any such permit if they determine that the organization has not complied with the provisions of this article or Code of Virginia, title 18.2, chapter 8, article 1.1. Any organization aggrieved by the decision of the board of supervisors or its authorized representative may appeal such decision to the circuit court. Sec. 4-35. Penalties. It shall be unlawful for any person or any shareholder, agent, member or employee of any volunteer fire department, rescue squad or organization to violate any provision of this article. Each violation of any provision shall be punishable either by a f'me or not more than twenty-five hundred dollars ($2,500.00) or by confinement in the county fail for not more than twelve (12) months, or both. A violation of section 4-31(1) by any person or any shareholder, agent, member or employee of any volunteer fu'e department, rescue squad or organization shall be punishable by imprisonment of not less than one (1) year nor more than five (5) years, or by a f'me of not more than twenty-five hundred dollars ($2,500.00) or confinement in the county jail for not more than twelve (12) months or both. 1205:7083.1 - 1 1 - Sec. 4-36. Injunctive relief. In the event that an organization violates the provisions of this article, the county attorney ............ ~.,. ~,+ ..... :_ n.~:~:~. ~^ ~.A ~, ..... : ...... ~:A~ may apply to the circuit court for an injunction restraining the continued operation of bingo games, raffles or any aspect thereof, in addition to the criminal penalties authorized by the Code of Virginia and the Code of Chesterfield County. Sec. 4-36.1. Only raffles, bingo and instant bingo games are permitted. ~_ This article permits organizations to conduct raffles, bingo and instant b~go games. All games not explicitly authorized by this article are prohibited. (2) That this ordinance shall become effective immediately upon adoption. Meeting CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Date: July 27, 1994 Item Number: Page 1 of.~ 16.G. Subject: Public hearing to consider an amendment to the Code of Chesterfield County relating to exemptions from erosion and sediment control regulations. County Administrator's Comments: CountyAdministrator: BoardAction, Requested: Adopt the attached ordinance which will allow the County to regulate the harvesting of forest crops pursuant to erosion and sediment control regulations. Summary of Information: Currently, State and County law does not define the harvesting of forest crops as a land disturbing activity subject to erosion and sediment control regulations. The 1994 General Assembly revised the definition in the state code so that counties may now regulate the harvesting of forest crops unless the area harvested is reforested, or converted to bona fide agricultural or improved pasture in accordance to state law. The proposed amendment to the County Code adopts the new state definition and restrictions on forest crop harvesting. The change in the State Code was part of the County's 1994 Legislative Program and corrects a problem arising from the commercial development adjacent to Harbour Point subdivision. This public hearing was scheduled as a result of the June 8, 1994 work session. Preparer: '~'' '~ ~ Title: 5teven L. Micas Attachments: County Attorney 1205:7109.1/7081.1 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1978, AS AMENDED, BY AMENDING AND REENACTING SECTION 7o2-1 RELATING TO EROSION AND SEDIMENT CONTROL BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 7.2-1 of the Code of the Count_ of Chesterfield, 1978, as amended, is amended and reenacted to read as follows: Sec. 7.2-1. Definitions. The following terms, whenever used or referred to in this chapter, shall have the respective meanings set forth below, unless the context clearly requires a contrary meaning or any such term is expressly defined to the contrary elsewhere in this chapter: 000 Land-Disturbing Activity: Any land change which may result in soil erosion from water or wind and the movement of sediments into waters or onto lands in the county or adjacent jurisdictions, including but not limited to clearing, grubbing, grading, excavating, transporting and filling of land, and the installing of water, sewer, gas or oil lines, drainage pipes and storm sewers, unless occurring on a hard-surfaced road, street or sidewalk; except, that the term shall not include any of the following: (1) Such minor land-disturbing activities as home gardens and individual home landscaping, repairs and maintenance work. (2) Individual service connections. (3) Septic tank lines or drainage fields unless such lines or drainage fields: Are located in the Chesapeake Bay Preservation Areas described in chapter 21 or chapter 21.1; or Are included in an overall plan for disturbing activity relating to construction of a building to be served by a septic tank system. (4) Surface or deep mining. (5) Tilling, planting or harvesting of agricultural, horticultural or forest crops or livestock operations, including engineering operations as follows: construction of terraces, terrace 1205:7081.1 - 1 - outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and land irrigation; however, this .exception shall not apply to harvesting of forest crops unless the area on which harvestin,, occurs is reforested artificially or naturally in accordance with the provisions of Virgini~ Code, Chapter 11, (.~ 10.1-1100, et. seql) or is converted to bonafide agricultural oE .improved pasture use as described by Virginia Code, subsection B of §10.1-1163. (6) Repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities and other related structures and facilities of a railroad company. (7) Preparation for single-family residences separately built, unless such residences: Are located in Chesapeake Bay Preservation Areas described in chapter 21 or chapter 21.1; or b. Are built in conjunction with multiple construction in subdivision development. (8) Disturbed land areas for uses located in the Chesapeake Bay Preservation Areas described in chapter 21 or chapter 21.1 which are less than twenty-five hundred (2,500) square feet in size and disturbed land areas for uses less than ten thousand (10,000) square feet in size which are located outside of such areas. (9) Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles. (10) Emergency work to protect life, limb or property and emergency repairs; provided, that if the land-disturbing activity would have required an approved erosion and sediment control plan if the activity were not an emergency, then the land area disturbed shall be shaped and established in accordance with the requirements of the Virginia Erosion and Sediment Control Handbook. (11) Exploration or drilling for oil and gas including the well site, roads, feeder lines, and off-site disposal areas which serve the well site. (12) Shore erosion control projects on tidal waters when the projects are approved by local wetlands boards, the Marine Resources Commission or the U.S. Army Corps of Engineers. (13) Agricultural engineering operations, including but not limited to the construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not required to comply with the provisions of the Dam Safety Act, Code of Virginia, section 62.1-115.1 et seq., ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and land irrigation. 1205:7081.1 - 2- ~'~6 (14) Installation, maintenance or repair of any underground public utility lines when such activity occurs on an existing hard-surfaced road, street or sidewalk provided such land-disturbing activity is confined to the area of the road, street or sidewalk which is hard surfaced. 000 (2) That this ordinance shall become effective immediately upon adoption~ 1205:7081.1 - 3 - Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA July 27, 1994 Item Number: Page ~Lof 1 16 .H. Subject: Public hearing to consider an amendment to the Code of Chesterfield County relating to per meeting compensation to members of advisory boards. County Administrator's Comments: CountyAdministrator: BoardAction Requested: Adopt the attached ordinance providing for compensation to advisory board members based on attendance at meetings. Summary of Information: Currently, the County has three advisory boards (Committee on the Future, Board of Equalization and Board of Building Code Appeals) whose members are paid on a per meeting basis. The proposed amendment, which is required by a 1994 state law change, limits compensation of advisory board members to only those meetings that the members actually attend. This Code change is consistent with the County's existing practice of paying advisory board members only for meetings that they attend. This public hearing was scheduled as a result of the June 8, 1994 work session. Preparer:(~'~ ~ ~f'C~ L. Micas Title: Attachments: Yes ~ No County Attorney 1205:7112.1/7084.1 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD., 1978, AS AMENDED, BY AMENDING AND REENACTING SECTION 2-4.1 RELATING TO COMPENSATION FOR MEMBERS OF ADVISORY BOARDS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 2-4.1 of the Code of the Count_ of Chesterfield, 1978, as amended, is amended and reenacted to read as follows: The board of supervisors may, during the budget approval process, provide that members of designated advisory boards, committees and commissions, created by the board pursuant to the authority granted by Code of Virginia, section 15.1-33.2, shall (i) be reimbursed the actual expenses incurred by them while serving on such advisory boards, committees and commissions and (ii) be compensated for their services at a rate not to exceed fifty dollars ($50.00) for attendance per meeting and not to exceed a total of three thousand dollars ($3,000.00) per calendar year. (2) That this ordinance shall become effective immediately upon adoption. 1205:7084.1 Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA July 27, 1994 Item Number: Page _...~ of 1 16.I. Subject: Public hearing to consider an amendment to the Code of Chesterfield County relating to the County's removal procedure for unsafe buildings and structures. County Administrator's Comments: County Administrator: BoardAction Requested: Adopt the attached ordinance changing the procedure for removing unsafe buildings and structures. Summary of Information: Currently, if a building structure located within the County endangers the public health and safety of residents, the County may arrange for the removal or repair of the unsafe building structure provided that either (i) actual notice is given by the County to the owner requiring the repair of the unsafe building or structure, or (ii) notice is sent to the owner by certified mail at his last known address, and (iii) notice is posted on unsafe building or structure. The proposed amendment to the Code requires the County to file a lawsuit in the Circuit Court asking the owners to remove or repair the unsafe building or structure as a precondition to removal. The County may not arrange for the removal or repair of until after judgement is entered by the Circuit Court. The change is required by the 1994 revisions in state law. This public hearing was scheduled as a result of the June 8, 1994 work session. Preparer: -- Steven L. Micas Attachments: Title: County Attorney 1207:7135.1/7082.1 Yes [--] No AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1978, AS AMENDED, BY AMENDING AND REENACTING SECTION 6-2.1 RELATING TO REMOVAL AUTHORITY AS TO UNSAFE STRUCTURES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 6-2.1 of the Code of the Count_ of Chesterfield, 1978, as amended, is amended and reenacted to read as follows: (a) Notwithstanding any other provisions of this chapter, the building official shall have the authority to require the owners of any property within the county to remove, repair or secure any building, wall or other structure located on such property, which the building official shall determine endangers the public health or safety of other county residents. (b) If a building, wall or other structure located in the county is determined by the building official to endanger the public health or safety of residents, the building official shall cause notice to be served on the owner of the property upon which such building, wall or other structure is located, requiring the owner to remove, repair or secure such building, wall or other structure. If the owner named in the notice cannot be found after a diligent search, such notice shall be sent, by registered or certified mail, to the owner at his last known address ^ (c) A bill in equi.ty shall be filed in the circuit court asking the owners of such building, wall or other structure to remove, repair or secure as required. Any party_ who is not otherwise served shall be served by publication pursuant to Virginia Code, § 8.01-316. (-e)(d) The owner of the property upon which such building, wall or other structure is located shall remove, repair or secure the same, as specified in the notice, within thirty (30) days of the delivery by hand of the notice to the owner, within thirty (30) days of the mailing of the notice to the owner, or within thirty (30) days of the date on which the nc, tlc. e w~,-posted the circuit court enters judgement of the bill in equi_ty, as provided herein, whichever is later. If the owner shall fail to take the action required by the building official and specified in the notice within this time period, the building official may arrange for such building, wall or other structure to be removed, repaired or secured, as specified in the notice, and the costs and expenses of such removal, repair or securement shall be chargeable to and paid by the owner of such property and may be collected by the county as taxes and levies are collected. (4)(e) Every charge authorized by this section with which the owner of such property shall have been assessed and which remains unpaid shall constitute a lien against such property. 1205:7082.1 - I - (2) That this ordinance shall become effective immediately upon adoption. 1205:7082.1 -2- Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA July 27, 1994 Item Number: Page ~___of ~ 16.J. Subject: Public hearing to consider an amendment to the Code of Chesterfield County relating to the withdrawal of bids for public construction contracts due to error. Count~ Administrator's Comments: County Administrator: BoardAction Requested: Adopt the attached ordinance requiring construction bidders to submit orginal work papers when withdrawing bids. Summary of Information: Currently a bidder for a public construction contract may withdraw a bid from consideration if, due to a clerical or mathematical mistake, the final price was in error. The only requirement to withdrawing such a bid is that it be submitted in good faith. The proposed amendment would require a contractor to submit original work papers, documents, and materials along with its notice of withdrawal. The proposed amendment also requires a contractor to expressly invoke the protection of the confidentiality provisions of state law in its notice for withdrawal if work papers, documents, and materials are submitted in the notice of withdrawal are trade secrets or proprietary information. This public hearing was scheduled as a result of the June 8, 1994 work session. Preparer: even . lcas Attachments: Yes [--] No Title: County Attorney 1205:7113.1/7075.1 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1978, AS AMENDED, BY AMENDING AND REENACTING SECTION 2-47 RELATING TO THE WITHDRAWAL OF BIDS FOR PUBLIC CONSTRUCTION CONTRACTS DUE TO ERROR BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 2-47 of the Code of the Count_ of Chesterfield, 1978, as amended, is amended and reenacted to read as follows: (a) A bidder for a public construction contract, other than a contract for construction or maintenance of public highways, may withdraw his bid from consideration if the price bid was submitted in good faith and the mistake was a clerical mistake as opposed to a judgmental mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection or original work papers, documents and materials used in the preparation of the bid sought to be withdrawn. (b) A bidder shall have no right to withdraw a bid as provided in subsection (a) of this section unless he shall give notice in writing to the.~.---~v" ...... ~'~'~'~e,~n~: ...... ~,.~* director of purchasing of his claim of right to withdraw his bid within two (2) business days after the conclusion of the bid opening procedure. Any withdrawal request made to the director of purchasing must be accompanied by bidder's original workpapers. (c) The county purchasing agent shall review the original work papers, documents and materials used in the preparation of the bid and shall make a determination, based on the provisions of subsection (a) of this section, whether to grant or deny the withdrawal of the bid. If the county purchasing agent denies the withdrawal of a bid under this section, he shall notify the bidder, in writing, of his decision, stating the reasons therefor. (d) In order for work papers, documents and materials submitted pursuant to this sedtion'to be deemed a trade secret or proprietory information pursuant to Code of Virginia, subdivision D of § 11-52, a bidder must expressly invoke the aforementioned statute in the notice of withdrawal. ~ (e) No bid may be withdrawn under this section, when the result would be the awarding of the contract on another bid of the same bidder or of another bidder in which the ownership of the withdrawing bidder is more than five (5) percent. (-e-) _fi) If a bid is withdrawn under this section, the lowest remaining responsive bid of a responsible bidder shall be deemed to be the low bid. 1205:7075.1 - i - (f) (g) No bidder who is permitted to withdraw a bid shall, for compensation, supply any material or labor to or perform any subcontract or other work agreement for the person to whom the contract is awarded or othenvise benefit, directly, or indirectly, from the performance of the project for which the withdrawn bid was submitted. (-g-) (h) The county purchasing agent is authorized to establish procedures for the withdrawal of bids for other than construction contracts. (2) That this ordinance shall become effective immediately upon adoption. 1205:7075.1 - 2- ;g85