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02-13-2002 PacketCHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: February 13, 2002 Sub!ect: County Administrator' s Comments County Administrator's Comments: Item Number: 2.A. County Administrator: Board Action Reo_uested: Summary of Information: Ms. Iris Holliday, the new Dominion Virginia Power Liaison for Governmental Affairs, will be present to introduce herself to the Board members. Preparer: ~,/3c,~, ~ H. Elko Title: Attachments: [-'"~ Yes No Clerk to the Board CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: Februa~ 13, 2002 Sub!ect: County Administrator' s Comments County_ Administrator's Comments: Item Number: County Administrator: Board Action Requested: Summary of Information: There is an agenda item under consent to approve the addition to the Terrorism Annex of the Emergency Operations Plan. Ms. Lynda Price will address the Board to review the proposed changes to the Emergency Operations Plan. The School Board will be updating their Emergency Operations Plan also. Preparer: ~ '~~'~ ~ Lisa H. Elko Attachments: ~-~ Yes No Title: Clerk to the Board 000002 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~ Date: February 13, 2002 Item Number: Subiect: Work Session on FY2003 Proposed Budget County Administrator's Comments: County Administrator: Board Action Requested: Hold a work session on the Proposed FY2003 Budget. Summary of Information: A work session on the proposed FY2003 budget has been scheduled for this date. This work session will be the Board's first work session on the FY2003 budget, and will consist of presentations on projected FY2003 revenues and a presentation from the County's Community Services Board. A copy of the planned presentations is attached. Preparer: ~d'~..,,~/..~ ...~.~ '~ }4' ~" Title: Rebecca T. Dickson Director, Bud,qet and Manaqement Attachments: Yes [---] No I #0~0~03 OOOO05 3,3% 3~1% 2.4°,~ Population Growth Rate 2.5% 2.2% 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 FY2003 Projected Revenues vs. FY2002 Adopted Revenues Other Local Revenue ~1 Trfs/ Rsvs/FB [ ~ t~vu~ ] Federal Revenue Other State Revenue Pets. Prop. Tax Relief Other Local Taxes 50,000 100,000 150,000 200,000 250,000 000008 20 8% 21,7% 21 6% 22.0% 22.2% 22,7% 22.1% 1994 1995 1996 1997 1998 1999 2000 2001 2002 100% 80% 60% 40% 20% 0% -- - Ratio of the Total Number of Jobs to the Total Labor Force 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 Calendar Year 000010 0000~4 30.0% 25.0% 20,0% 15.0% 10.0% 5,0% O.O% Use Tax as a Percent of Total Local Sales and USe Tax Revenue i~ FY 1999 B FY2000 B FY2001 B 4/01-11/01 Richmond Chesterfield Hendco 0000 6 O000gJ~ ,600 ,400 ,200 ,000 800 600 4OO 200 planning DePt, DeveloPment Review Costs and Revenues [] Revenue [] Costs FY1996 FY2001 0000i< 2 > 0 0 Z < < m Z ~ C) ' Z 0 0000~5 0~0027 >. © >. 000025 (D *mN ~ ~ 0 0 ~ ~ (L) 0 .< 0(~00~ *mi 0~ 0 ~ ~ 0~00~0 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 3 Meeting Date: February 13, 2002 Item Number: 8oAo Su~ect: Streetlight Installation Approvals County Administrator's Comments: County Administrator: Board Action Requested: This item requests Board approval of a New Streetlight Installation in the Bermuda District, additional funding for a previously approved installation in the Midlothian District and a lighting project funded through the County- Wide Streetlight Account. Summary of Information: Streetlight requests from individual citizens or civic groups are received in the Department of Environmental Engineering. Staff requests cost quotations from Virginia Power for each request received. When the quotations are received, staff re-examines each request and presents them at the next available regular meeting of the Board of Supervisors for consideration. Staff provides the Board with an evaluation of each request based on the following criteria: 1. Streetlights should be located at intersections; o There should be a minimum average of 600 vehicles per day (VPD) passing the requested location if it is an intersection, or 400 VPD if the requested location is not an intersection; CONTINUED NEXT PAGE Preparer: __ Title:Director, Environmental Enqineerinq Attachments: Yes F----1 No 060031 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 Summary of Information: (Continued) Petitions are required and should include 75% of residents within 200 feet of the requested location and if at an intersection, a majority of those residents immediately adjacent to the intersection. Cost quotations from Virginia Power are valid for a period of 60 days. The Board, upon presentation of the cost quotation may approve, defer, or deny the expenditure of funds from available District Improvement Funds for the streetlight installation. If the expenditure is approved, staff authorizes Virginia Power to install the streetlight. A denial will cancel the project and staff will so notify the requestor. A deferral will be brought before the Board again when specified. BERMUDA DISTRICT: Indian Hill Road, vicinity of 2310 Cost to install streetlight: $139.64 Does not meet minimum criterion for vehicles per day MIDLOTHIAN DISTRICT: In the Brookstone Subdivision: Additional funding for the previously approved installation at the intersection of Fox Hurst Drive and Abbots Ridge Court. This installation was approved by the Board on November 14, 2001, in the amount of $77.84. Dominion Virginia Power was unable to get the permission of the homeowner at the originally specified site to agree to the installation. A new cost has been developed for the opposite side of the intersection where a homeowner has agreed to an installation. The new installation cost is $311.67. Additional funding required to complete this project: $233.83 COUNTY-WIDE STREETLIGHT FUND: The County-Wide Streetlight Fund is restricted to lighting projects on County property. At Manchester Middle School all parking areas have lighting except for bus parking/loop area directly in front of the school, facing Hull Street Road. The proposed project is to install three lights CONTINUED NEXT PAGE 00003; CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Summary of Information: (Continued) so as to illuminate the bus loop and its adjacent parking area. The proposed lights will be of sufficient power to also light the front of the school. This area is the primary parking area for after school and night-hours event activities. This project was requested by teachers at Manchester Middle School through the Principal, Mr. Jeffrey Ellick. Cost to install three 42,000 lumen enclosed fixtures: $3,472.45 For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. STREETLIGHT REQUEST Bermuda District Request Received: October 31, 2001 Estimate Received: January 10, 2002 NAME OF REQUESTOR: ADDRESS: Estimate Requested: November 2, 2001 Days Estimate Outstanding: 69 Mr. Jay Patel Days Inn 2310 Indian Hill Road Colonial heights, VA 23834 REQUESTED LOCATION: 2310 Indian Hill Road Cost to Install streetlight: $139.64 Policy Criteria: Intersection: Vehicles Per Day: Petition: Qualified Not Qualified, less than 600 VPD Qualified Requestor states: "At Indian Hill Road, there is no streetlight. At night it gets very dark, no one can see the road from a few feet. My hotel guests always have a concern about getting in an accident, ending up in ditches, or how to get to the main road. Besides my guests, there are many other people with the same concern." Street Light Request Map RUFFIN MILL RD EXIT 58 Th~ map ~ a ¢opyright~d praduct of th~ Che~.r~dd C~.nty Ol$ oj~ce. Street Light Legend ~ existing light ~ requested light This map shows citizen requested streetlight installations in relation to existing streetlights. Existing streetlight information was obtained from the Chesterfield County Environmental Engineering Department. ~CA~E I : 8655 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meetin~l Date: February 13, 2002 Subject: Item Number: Nominations/Appointments to the Youth Services Citizen Board County Administrator's Comments: 8.B.1. County Administrator: Board Action Requested: Nominate/appoint members to serve on the Youth Services Citizen Board. Summary of Information: The purpose of the Youth Services Citizen Board (YSCB) is to advise the Board of Supervisors regarding planning and policies affecting youth development and to provide a community forum to focus on youth issues. Matoaca District. Supervisor Humphrey has recommended that the Board appoint Jason Taylor, a student at Matoaca High School, to the Youth Services Citizen Board effective immediately through June 30, 2002. Mr. Taylor meets all eligibility requirements to fill the vacancy and has indicated his willingness to serve. Dale District. Supervisor Miller has recommended that the Board appoint Stanley Moreira, a student at Meadowbrook High School, to the Youth Services Citizen Board effective immediately through June 30, 2002. Mr. Moreira meets all eligibility requirements to fill the vacancy and has indicated his willingness to serve. Preparer: ~J _ .~, O_~/~CC~ I I Yes No I I ~ttaehments: Title: Director, Youth Sen/ices CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Under existing Rules of Procedure, appointments to boards and committees are nominated at one meeting and appointed at the subsequent meeting unless the Rules of Procedure are suspended by a unanimous vote of the Board members present. Nominees are voted on in the order in which they are nominated. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: February 13, 2002 Item Number: 8.B. 2. Subject: Nomination/appointment to the Community Criminal Justice Board (CCJB) County Administrator's Comments: County Administrator: Board Action Requested: Make appointment to Community Criminal Justice Board Summary of Information' It is requested that the Chesterfield County Board of Supervisors approve one nominee for appointment to the Community Criminal Justice Board (CCJB) for the remainder of a two-year term according to the adopted by-laws of the CCJB. Appointments correspond to prescribed positions in the Code of Virginia. Both the Board of Supervisors and Colonial Heights City Council must approve all nominees. The CCJB serves the 12th Judicial Circuit consisting of Chesterfield County and the City of Colonial Heights. The purpose is to provide for the development, evaluation and planning of community programs and services for the court in diverting offenders from local correctional facilities. Preparer: Bradford S. Hammer Title: Deputy County Administrator Attachments: Yes ~-~ No 0(;0035 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 It is requested that William W. Bradham, Jr., Chief Magistrate be appointed to fill the remainder of the Chief Magistrate's vacancy due to the retirement of Paige W. Foster. The Chief Magistrate appointment will continue through June 30, 2003. The Colonial Heights City Council will review this appointment at their February 12, 2002 meeting. Under the existing Rules of Procedure, appointments to Boards and Committees are nominated at one meeting and appointed at the subsequent meeting unless the Rules of Procedures are suspended by a unanimous vote of the Board members present. Nominees are voted on in the order in which they are nominated. BOARD OF SUPERVISORS KELLY E. MILLER CHAIRMAN DALE DISTRICT ARTHUR S. WARREN VICE CHAIRMAN CLOVER HILL DISTRICT J. L. McHALE, III BERMUDA DISTRICT RENNY B, HUMPHREY MATOACA DISTRICT EDWARD B. BARBER MIDLOTHIAN DISTRICT CHESTERFIELD COUNTY P,O. Box 40 CHESTERFIELD, VIRGINIA 23832-0040 (804) 748-1211 LANE B. RAMSEY COUNTY ADMINISTRATOR TO: FROM: The Honorable Members of the Board of Supervisors Lane B. Ramsey, County Administrator ~ DATE: January 9, 2002 SUBJECT: Community Criminal Justice Board (CCJB) Appointment It is requested that nominee, William W. Bradham, Jr., Chief Magistrate be appointed to fill the remainder of the Chief Magistrate's vacancy due to the retirement of Paige W. Foster. The Chief Magistrate's appointment will continue through June 30, 2003. This is one of the prescribed appointments by the Code of Virginia for Community Criminal Justice Boards. William W. Bradham, Jr. can be reached at the Magistrates Office, P.O. Box 151, Chesterfield, Virginia 23832. His telephone number is 748-1410. Nominees are also reviewed by the Colonial Heights City Council since each appointment must be approved by both localities. OOO0 , O CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: Sub!ect: Februar~ 13, 2002 Item Number: 8.B.3. Nomination/Appointment/Reappointment to the Richmond Regional Competitiveness Committee County_ Administrator's Comments: County Administrator: Board Action Re~_uested: Nomination/Appointment/Reappointment to the Richmond Regional Competitiveness Committee Summary of Informatiort: The purpose of the Richmond Regional Competitiveness Committee is to enhance economic competitiveness for all regions of the Commonwealth by rewarding regional actions and stimulating new regional activities. The Committee's by-laws require the Chief Elected Official to serve on this Committee. The Richmond Regional Competitiveness Committee requests the appointment of the Honorable Kelly E. Miller, whose term will be effective immediately and will expire December 31, 2002. Under the existing Rules of Procedure, appointments to boards and committees are nominated at one meeting and appointed at the subsequent meeting unless the rules of procedure are suspended by a unanimous vote of the Board Members I~resent. Nominees are voted on in the order in which they are nominated. Prepare ~t c~ .--.--~e: Assistant County Administrator / ' ~- !~lynE. Cole - Attachments: [--~ Yes No # 00004:1. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of~ Meeting Date: February 13, 2002 Item Number: s.c. 1. Subject: To Approve the Attached Aidition of the Terrorism Annex to the Emergency Operations Plan County Administrator: Board Action Requested: The Board is asked to approve the attached addition of the Terrorism Annex to the Emergency Operations Plan. Summary of Information: Chesterfield County's Office of Emergency Management has developed a Terrorism Annex to the Emergency Operations Plan to assist Chesterfield County in the event of a terrorist attack. Due to the recent terrorism attacks to the United States on September 11, 2001,this annex needs to be added to the Emergency Operations Plan before the regular Emergency Operations Plan approval in 2005. Preparer: ~aF-. Price Title: Emergency Management Coordinator Attachments: Yes County of Chesterfield Emergency Operations Plan, Hazard Specific Part II Terrorism Response Plan TERRORISM PURPOSE: The Chesterfield County Terrorism Plan is an Annex to the Chesterfield County Emergency Operations Plan. The purpose of this annex is to develop a coordinated response capability, to assess the threat of and vulnerability to terrorist acts within the county, and to plan, mitigate against, respond to, and recover from an actual terrorist incident. ORGANIZATION The Fire/EMS Department, Police Department, Information Systems Technology (IST) and/or Health Department will coordinate the response, depending on the type of terrorist incident: Fire: Hazardous Materials, fire, multi-casualty incidents (MCI), structural collapse Police: Bomb, civil disorder Health: Biomedical IST: Cyberterrorism Because terrorism incidents are crimes, the Police Department will be in charge of the investigation of that crime. TARGETS Potential targets have been identified and risks assessed. The information is law enforcement sensitive and located in the Chesterfield County Office of Emergency Management. CONCEPTS OF OPERATIONS Should the incident or incidents be identified as possible terrorist events, the Virginia Emergency Operations Center will be notified. According to Presidential Directive 39, the Federal Bureau of Investigation is the designated lead federal agency for any terrorist event. The Virginia Department of Emergency Management will be the lead state agency in coordination with the Chesterfield Office of Emergency Management for consequence management. The State Police will be the lead state agency designated in a terrorist event and will coordinate with the county police for crisis management. Upon their arrival, if not already operational, a unified command will be established. See Table II EMERGENCY MANAGEMENT ACTIONS: 1. Normal Operations January, 2002 00004,3 County of Chesterfield Emergency Operations Plan, Hazard Specific Part II Terrorism Response Plan a. Develop, review, update, and maintain plans and procedures to provide services in time of a terrorist event. Train all personnel from Fire/EMS, Police, Health, IST and skilled support personnel in the specifics of terrorism incidents, as time permits. Increased Readiness: If warning that an event will take place occurs, notifications include: 1. Any threat should be reported to the Police Dept. 2. Police will activate response procedures. Most incidents will have no warning. Awareness levels should be maintained through training and reminders. Assess potential needs from outside county resources. bo Emergency Operations a. Mobilization Phase 1. Alert personnel to standby status. 2. Begin to implement record keeping of all incurred expenses. 3. Activate the Emergency Operations Center, if appropriate. b. Response Phase 1. Follow established procedures for explosion, fire, MCI, structural collapse, civil disorder, hazardous materials, biochemicals or cyberterrorism, as indicated. 2. The Chesterfield Police Dept will investigate potential threats. 3. Activate Disaster Recovery Team. a. Activate Recovery Plan. January, 2002 0¢ 00, i4 County of Chesterfield Emergency Operations Plan, Hazard Specific Part II Terrorism Response Plan Activate Critical Incident Stress Management Teams through Mental Health/Mental Retardation/Substance Abuse Department. PROTECTION OF WORKERS AND CITIZENS Due to the variety of weapons that can be utilized, the necessary level of protection will vary. Safety will always be a primary focus: a. Protect from hazards using time, distance and shielding. Distance is the most effective. b. Once on the scene, isolate and deny entry. TECHNICAL SUPPORT ASSETS/RESOURCES 1. Internal ao The Health Department 1. Epidemiological study capabilities 2. Ability to mass immunize and administer medication 3. Authority to quarantine or otherwise protect the public against known pathogens that present a risk The Fire/EMS Department 1. Emergency response capabilities include: fire response, EMS response (ambulances), Technical Rescue Team response, Dive Team response, and Hazardous Incident Team response. 2. The County mobile command post Emergency Management 1. Emergency Operations Center January, 2002 County of Chesterfield Emergency Operations Plan, Hazard Specific Part II Terrorism Response Plan d. The Police Department 1. Crime scene investigation 2. Environmental crimes investigators 3. Roadway traffic control 4. Crowd control e. IST January, 2002 f. Public Affairs External a. Richmond City Haz Mat Team b. Virginia Department of Emergency Management 1. Emergency Operations Center 2. Hazardous Materials Officer 3. Terrorist Training Officer 4. Henrico Regional Haz Mat Team c. Other state resources 1. National Guard Civil Support Team 2. Virginia Occupational Safety and Health Dept. (for employees) d. Federal resources from: 1. Federal Emergency Management Agency 2. Federal Bureau of Investigation County of Chesterfield Emergency Operations Plan, Hazard Specific Part II Terrorism Response Plan 3. Military Unified Command: See Tables I, II, III January, 2002 00004? County of Chesterfield Emergency Operations Plan, Hazard Specific Part II Terrorism Response Plan, Table I JOINT OPERATIONS CENTER/ UNIFIED COMMAND SYSTEM INTERFACE (Local, State, Federal) iJIC I OPERATIONS. SECTION I a~oup I GRoup I FINANCE/AD. IN SECTION FIRE RESCUE HAZMAT EVACUATION TACTICAl. J GROUP C~V~. DISORDER GROUP LOGJSTtCS SECTION STAGING TIME UNfl' J PROCUREMENTuNfT FO00 000045 County of Chesterfield Emergency Operations Plan, Hazard Specific Part II Terrorism Response Plan, Table II UNIFIED COMMAND (Local, State, Federal) FIRE RESCUE i OPERATIONS SECTION I I LAW ENFoRcEMENT [ BRANCH SECURffY GROUP EVACUATION GROUP INCIDENT COMMAND SYSTEM I TECHNICAL SPECIALISTS ~VESTIGATK~NSUN~. J I SECTION PERSONNI~ STAGINO SUPPLY FOOO COMpENSAtlOeU J TIME UNIT County of Chesterfield Emergency Operations Plan, Hazard Specific Part II Terrorism ResPonse Plan, Table III EMERGENCY RESPONSE ORGANIZATION TO ACTS OF TERRORISM CRISIS MANAGEMENT (LAW ENFORCEMENT} Department of Justice Special Agent in Charge VA Dept. of State Police Superintendent Local Law Enforcement Agency Chief/Sheriff I Handle Law Enforccment Issues POLITICAL CONSEQUENCE MANAGEMENT (EMERGENCY MANAGEMENT} , President Attorney General Federal Emergency Mgmt. Agency Federal Coordinating Officer ' S [ EICC Governor / VA Dept. of Emergency Services [ Secretary of State Coordinating Officer Public Safety BoardMayor/Chairman of Supervisors of Itl Local Government ..... [Coordinator of Emergency Serv. County Administratod City Manager I Fire Chief D~pL of Local Law Emergency ESF Justice ] Enforcement I Services PIOs ~o / PlO / P~o State Police FEMA al PlO PlO PlO Handle Non-Law Enforcement Issues Transportation Communications Public Works & Engineering Firefighting Mass Care Resource Support Health & Medical Urban Search & Rescue Hazardous Materials Food Energy Other OOOO 0 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~ Date: February 13, 2002 Item Number: 8.C.2. Subject: Donation of Foam to Amherst County Volunteer Fire Departments, Amherst, Virginia County Administrator's Comments: County Administrator: Board Action Requested: Approval of donation of firefighting foam. Summary of Information: Chesterfield Fire & EMS is requesting approval to donate firefighting foam to Amherst County Volunteer Fire Departments. This is an older brand of foam, which is not compatible with the current Chesterfield Fire & EMS foam systems. Different brands and types of foam cannot be mixed together. Steve A. Elswick Title: Fire Chief Attachments: [-~] Yes No 00005:1. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meeting Date: February 13, 2002 Item Number: 8.c. 3. Subiect: Award of Multiple A/E Services for Parks and Recreation Construction and Related Projects Relative to Consultant Annual Contracts to Timmons, Landmark Design Group, and Hankins and Anderson, Incorporated County Administrator's Comments: County Administrator: Board Action Requested: Authorize the County Administrator to execute three separate annual contracts for A/E services relative to Parks and Recreation construction and related projects with consultants Landmark Design Group, Timmons, and Hankins and Anderson, Inc. Summary of Information: These three firms were chosen out of nine responses to the County's request for proposals for annual consultants for A/E services for Parks and Recreation. These services include but are not limited to: Architecture, Engineering, Landscape Architecture and Planning for master planning and design studies, construction documents, and other miscellaneous services. It is expected that through the three-year contract term each of these consultants will receive awards in excess of $75,000, therefore, Board of Supervisors approval is required Preparer: ~ Michael S. Golden Title: Director, Parks and Recreation Attachments: -~ Yes No 0(~00;:~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of ~ Meetin~l Date: February 13, 2002 Item Number: 8.c.4. Subject: Central Virginia Waste Management Authority (CVWMA) Agreement for Drop-off Recycling Services Special Project Service County Administrator's Comments: County Administrator: Board Action Requested: Authorize the County Administrator to enter into the Special Project Service Agreement for Drop-off Recycling Services. The initial term of this contract is five years from July 1, 2002 thru June 30, 2007. Summary of Information: The CVWMA has awarded a contract for Drop-off Recycling Services to BFI Waste Services, LLC, SP Recycling Corporation and Tidewater Fibre Corporation. The new contract represents a 20% reduction in cost over the current contract and our revenue share of paper and cardboard will increase from 50% to 75%. This new contract will also incorporate the single stream recycling recently implemented in the curbside program. Preparer: Title: Director of General Services Attachments: Yes ~'~ No # OtlO0:i3 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: February_ 13. 2002 Nurqb~r Budqet and Management Comments' This request involves approval of a five year contract with Central Virginia Waste Management Authority (CVWMA) for annual recycling services beginning July 1, 2002. The FY2003 cost of this contract is estimated to be $50,400 as compared to $83,400 in FY2002. Sufficient funds have been set aside in the FY2003 proposed Solid Waste budget to cover this cost. The $33,000 savings generated from the reduction in this contract will help offset program expansion costs anticipated in the FY2003 budget. Preparer: Rebecca T. Dickson Title: Director, Budget & Management SPECIAL PROJECT SERVICE AGREEMENT FOR DROP-OFF RECYCLING SERVICES THIS AGREEMENT is made by and between the CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY (hereinafter designated "CVWMA"), its successors and assigns, having its principal place of business at 2100 West Laburnum Avenue, Suite 105, Richmond, Virginia 23227; and TOWN OF ASHLAND (if executed on page 15 of this Agreement) COUNTY OF CHARLES CITY (if executed on page 16 of this Agreement) COUNTY OF CHESTERFIELD (if executed on page 17 of this Agreement), COUNTY OF GOOCHLAND (if executed on page 18 of this Agreement), COUNTY OF HANOVER (if executed on page 19 of this Agreement), COUNTY OF HENRICO (if executed on page 20 of this Agreement), COUNTY OF NEW KENT (if executed on page 21 of this Agreement), COUNTY OF POWHATAN (if executed on page 22 of this Agreement), COUNTY OF PRINCE GEORGE (if executed on page 23 of this Agreement), CITY OF COLONIAL HEIGHTS (if executed on page 24 of this Agreement), CITY OF HOPEWELL (if executed on page 25 of this Agreement), CITY OF PETERSBURG (if executed on page 26 of this Agreement), and CITY OF RICHMOND (if executed on page 27 of this Agreement) (hereinafter designated, collectively, "Participating Local Jurisdictions"). ARTICLE I - PURPOSE A. This Agreement is entered into pursuant to the authority of the Virginia Water and Sewer Authorities Act (Title 15.2, Chapter 28 of the Code of Virginia, 1950 as amended), and the Articles of Incorporation of the CVWMA. Its purpose is to establish a special project for Drop-Off Recycling Services within the Participating Local Jurisdictions as authorized by Section 11 of the Articles. B. The CVWMA, subject to the terms and conditions of this Agreement, agrees to implement Drop-Off Recycling Services as described in RFP 01-21, issued January 5, 2001 (hereinafter "RFP"); and in accordance with the First Addendum to the Regional Newspaper Recycling Service Agreement between SP Recycling Corporation and the CVWMA signed December 11, 2001 and effective July 1, 2002 (hereinafter "SPRC First Addendum"); Drop-Off Recycling Services Contract between BFI Waste Services, LLC, and the CVWMA signed October 4, 2001 and effective July 1, 2002 (hereinafter "BFI Contract"); Drop-Off Recycling Services Contract between Tidewater Fibre Corporation and the CVWMA (hereinafter "TFC Contract") signed October 10, 2001 and effective July 1, 2002; and Drop-Off Recycling Services Contract between SP Recycling Corporation and the CVWMA (hereinafter "SPRC Contract") signed September 28, 2001 and effective July 1, 2002. C. The Participating Local Jurisdictions agree to participate in the Special Project according to the terms and conditions of this Agreement. SPECIAL PROJECT SERVICE AGREEMENT DROP-OFF RECYCLING SERVICES ARTICLE II - DEFINITIONS For the purpose of this Agreement (hereinafter "Agreement"), the definitions contained in this Section shall apply unless otherwise specifically stated. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. Use of the masculine gender shall include the feminine gender. The word "shall" is always mandatory and not merely discretionary. 1. Authority or CVWMA - shall mean the Central Virginia Waste Management Authority, the instrumentality created under the provisions of the Virginia Water and Sewer Authorities Act, §15.2-5100 et seq., and includes the individual members (or voting alternates) of the CVWMA Board of Directors, and the officers, agents or employees of the Central Virginia Waste Management Authority. For the purposes of this Contract, "Authority" shall not include the governing bodies, the individual' elected officials of the participating local jurisdictions served by this Contract, except those elected officials who serve as members or alternates of the CVWMA Board of Directors, nor the employees or agents of the participating local jurisdictions acting on behalf of their employer or principal, respectively. Special Project Service Agreement - shall mean an agreement between the CVWMA and the Participating Local Jurisdictions specifying the terms and conditions under which those jurisdictions will participate in the program outlined in the Contract between the CVWMA and the Contractor. BFI Waste Services, LLC - shall mean the Contractor providing, maintaining and delivering Drop-Off Recycling containers to the appropriate Matedal Recovery Facility (hereinafter "BFI").. BFI Contract - shall mean, and incorporate herein by reference, the written document(s) and all amendments thereto, between the CVWMA and BFI Waste Services, LLC, governing the provision, maintenance and delivery to the appropriate MRF of containers for Drop-Off Recycling Services as provided herein; BFI Waste Services, LLC's proposal and any subsequent addenda and correspondence; and the odginal Request for Proposals. Collection Sites - shall mean sites where Drop-Off Recycling Collection is to be performed. The CVVVMA will notify the Contractor in wdting as to the location of Collection Sites as those sites are designated by Participating Localities over the term of this Contract. Comix or Commingled Material - shall mean aluminum, tin and steel cans and aluminum foil; brown, green and clear glass; and No. 1 (PET) and 2 (HDPE) narrow neck plastic bottles. Comix containers shall be empty, dry and reasonably free from contamination and shall not include paint and aerosol cans; automotive, lawn and garden, and flammable containers; glass other than food and beverage bottles and cans. Contracts - shall mean the BFI Contract (defined above), SPRC Addendum (defined below), SPRC Contract (defined below) and TFC Contract (defined below) as defined herein. SPECIAL PROJECT SERVICE AGREEMENT DROP-OFF RECYCLING SERVICES 2 8. Contractors - shall mean BFI Waste Services, LLC, SP Recycling Corporation and Tidewater Fibre Corporation. Drop-Off Recycling Containers - shall mean 30 cubic yard footprint roll-off containers with a capacity of approximately 35 cubic yards, 6 cubic yard front end loading (FEL) containers, and 8 cubic yard FEL's 10. DUal stream - shall mean Fiber and Comix collected as two separate streams of Recyclable Material. 11. FEL- shall mean Front End Loading container. 12. Fiber - shall mean old newspaper (ONP); old corrugated containers (OCC); and mixed paper (junk mail, magazines, catalogs, brown and white paper bags, copy paper, computer paper, dry food boxes, telephone books, paperback books, and envelopes). Fiber shall be clean, dry and reasonably free from contamination and shall not include any non-fiber items, including but not limited to plastic liners, plastic handles, non-water soluble glues, synthetic paper or paper that does not tear, carbon paper, wax cardboard or other items that are not readily accepted as mixed paper by the recycling industry. 13. Force Majeure - shall mean any cause beyond the reasonable control of the party whose performance under this Contract is adversely affected, more detail is included in Article XI below. 14. Member Jurisdictions - shall mean the members of the CVWMA including the Counties of Charles City, Chesterfield, Goochland, Hanover, Hendco, New Kent, Powhatan and Prince George; the Cities of Colonial Heights, Hopewell, Petersburg, and Richmond and the Town of Ashland. 15. MRF-shall mean Material Recovery Facility. 16. OCt - shall mean Old Corrugated Containers. 17. ONP - shall mean Old Newspaper. 18. Participating Local Jurisdictions - shall mean those CVWMA Member Jurisdictions that have executed the Special Project Service Agreement for Drop Off Recycling Services pursuant to Article 11 of the CVWMA Articles of Incorporation. 19. Pull - shall mean removal of the container currently at the Collection Site and its simultaneous replacement with a clean, empty container. 20. Recyclable Materials - shall mean Comix or Commingled Materials and Fiber. 21. SP Recycling Corporation - shall mean the Contractor providing processing, marketing and revenue sharing for OCC collected separately at Collection Sites (hereinafter "SPRC"). 22. SPRC Addendum - shall mean, and incorporate herein by reference, the wdtten document(s) and all amendments thereto, between the CVWMA and SPRC, governing the processing, marketing and revenue shadng for ONP collected separately at Collection SPECIAL PROJECT SERVICE AGREEMENT DROP-OFF RECYCLING SERVICES 3 Sites as provided herein; SPRC's proposal and any subsequent addenda and correspondence; and the original Request for Proposals. 23. SPRC Contract- shall mean, and incorporate herein by reference, the wdtten document(s) and all amendments thereto, between the CVWMA and SPRC, governing the processing, marketing and revenue shadng for OCC collected separately at Collection Sites as provided herein; SPRC's proposal and any subsequent addenda and correspondence; and the original Request for Proposals. 24. Service Area - shall mean that geographic area serviced by the Contractor providing Drop- Off Recycling Services pursuant to this Contract at Collection Sites determined by the CVWMA and Participating Local Jurisdictions. 25. Tidewater Fiber Corporation - shall mean the Contractor providing processing and marketing services for Recycable Materials collected as a Dual Stream at Collection Sites (hereinafter "TFC"). 26. TFC Contract - shall mean, and incorporate herein by reference, the written document(s) and all amendments thereto, between the CVWMA and TFC, governing the processing and marketing of Recyclable Materials collected as a Dual Stream at Collection Sites as provided herein; TFC's proposal and any subsequent addenda and correspondence; and the original Request for Proposals. ARTICLE III. TERM OF AGREEMENT This Agreement shall be effective and run concurrently with the Contracts for a term of five (5) years commencing on or about July 1, 2002, and ending on June 30, 2007. The Agreement may be extended on the same basis as the Contracts under the same terms and conditions for one (1) additional five (5) year period or for one (1) additional three (3) year period with the option to extend the Contract for one (1) additional two (2) year period.. Any wdtten agreement to extend the Agreement shall be made by the CVWMA and Participating Local Jurisdictions not less than one hundred eighty (180) days pdor to the expiration of its term. ARTICLE IV. SCOPE OF SERVICES A. BFI Waste Systems, LLC. 1. BFI shall provide, maintain and place the appropriate Drop-Off Recycling Containers at designated Collection Sites. The Contractor shall deliver the Recyclable Matedal collected in 30 cubic yard roll-off containers to Tidewater Fibre Corporation, 12200 Old Stage Road, Chester, VA 23836, and OCC collected in FEL's to SP Recycling Corporation, 1350 North Myers Street, Richmond, VA 23230, or as designated by the CVVVMA, to either of the above locations. The title to all Drop-Off Recycling containers shall remain with BFI. Properly configured, painted and decaled containers will be in place at all Collection Sites not later than September 1, 2002. 2. BFI shall pull the Drop-Off Recycling Containers on a scheduled or on- call basis as mutually agreed to by the Participating Local Jurisdictions and the CVVVMA. A SPECIAL PROJECT SERVICE AGREEMENT DROP-OFF RECYCLING SERVICES qOOO i8 listing of scheduled pulls shall be provided to BFI by the CVWMA. Participating Local Jurisdictions shall notify the CVWMA in writing when on-call pulls are needed. The CVWMA will notify BFI in writing of the need for on-call pulls. Requests that are received by the CVWMA by 2:00 p.m. will be transmitted to BFI so they can be scheduled for service by the end of the next working day after receipt of a written notification from the CVWMA. Requests from Participating Local Jurisdictions received after 2:00 p.m. may be serviced by BFI by the end of the next working day; if not, they will be serviced the following working day. A pull shall include removal of the container currently at the Collection Site and its simultaneous replacement with a clean, empty container. 3. At the request of the CVWMA, BFI shall provide special Drop-Off Recycling Container service, involving the delivery of a Recycling Container to a temporary location for special events and removal of the Recycling Container upon completion of the event and delivering the collected material to the MRF designated by the CVWMA. Special Recycling Container service shall be limited to a maximum equal to not more than 10 percent of the total number of permanent collection sites during any given month. 4. BFI shall be responsible for operating and maintaining all equipment necessary for operation of the Drop-Off Recycling Program, including backup equipment for system reliability. BFI shall assign sufficient equipment so that up to 40 percent of containers can be serviced in one day. If any pull cannot be done on the required schedule or within the required on-call timeframe, BFI shall notify the CVWMA in as timely a manner as possible of the reason for the delay and request authorization of the delay from the CVWMA. If authorization is granted, no penalty will be assessed for the service delay; if authorization is not granted, assessment of a penalty will be at the discretion of the CVWMA. Service shall occur on the next regular collection day by 10:00 a.m. 5. BFI shall be responsible for the repair or replacement of any container damaged during transport or other operations over which BFI has control except where the Participating Local Jurisdiction has responsibility as specified in Article VI.C below. 6. When service does not occur because of a holiday, BFI shall provide service on Saturday if required to complete all pulls scheduled for that week. Service shall occur so that there is no violation of any noise ordinance enacted by any Participating Local Jurisdiction and at times acceptable and agreed to by the Participating Local Jurisdictions. B. SP Recycling Corporation 1. SP Recycling Corporation shall process and market OCC that is brought to its facility located at 1350 North Myers Street, Richmond, VA 23230 by BFI Waste Services, LLC, the hauler under contract to the CVWMA for Drop-Off Recycling Services. 2. SP Recycling Corporation agrees that all materials that it processes pursuant to this Contract will be sold for use as a raw matedal substitute or used in conformity with 9 VAC 20-130-10 et seq., Regulations for the Development of Solid Waste Management Plans, effective August 1, 2001, and as may be amended. 3. When service does not occur because of a holiday, SPRC shall accept delivery of OCC on Saturday if necessary. SPECIAL PROJECT SERVICE AGREEMENT DROP. OFF RECYCLING SERVICES 6 C. Tidewater Fibre Corporation 1. TFC shall process and market the Recyclable Materials collected as a Dual Stream that are brought to its facility located at 12200 Old Stage Road, Chester, VA 23836 by BFI Waste Services, LLC, the hauler under contract to the CVWMA for Drop-Off Recycling Services. 2. TFC agrees that all materials that it processes pursuant to this Contract will be sold for use as a mw matedal substitute or used in conformity with 9 VAC 20-130-10 et seq., Regulations for the Development of Solid Waste Management Plans, effective August 1, 2001, and as may be amended. 3. When service does not occur because of a holiday, TFC shall accept delivery of Recyclable Matedal on Saturday if necessary. D. The following holidays shall be observed the Contractors: New Year's Day, Memodal Day, Independence Day, Labor Day, Thanksgiving and Christmas. ARTICLE V. COMPENSATION FOR SERVICES AND RATE ADJUSTMENTS A. The following services shall be provided by BFI at the rates specified; the rates are those that shall be in effect for the first year of the Contract term, July 1, 2002 through June 30, 2003. Monthly lease cost of 30 cubic yard footprint roll-off containers with an approximate capacity of 35 cubic yards and one or two compartments including one-time painting and decaling during the term of the contract and general maintenance $82.00 Monthly lease cost for 6 cubic yard FEL containers including one-time painting and decaling dudng the term of the contract and general maintenance 10.00 Monthly lease cost for 8 cubic yard FEL containers including one-time painting and decaling during the term of the contract and general maintenance 13.00 Per container cost of as needed painting of 35 cubic yard roll-off containers 200.00 Per container cost of as needed painting of 6 and 8 cubic yard FEL containers 200.00 0000 0 SPECIAL PROJECT SERVICE AGREEMENT DROP-OFF RECYCLING SERVICES 6 Per pull cost including delivery of 35 cubic yard roll-off containers from CVWMA Drop-Off Recycling sites both North and South of the James River to Tidewater Fibre Corporation, Chester, VA 82.00 Per pull cost including delivery of 6 and 8 cubic yard FEL containers from CVWMA Drop-Off Recycling sites both North and South of the James River to SP Recycling Richmond, VA 9.00 B. The following services shall be provided by SPRC at the rate specified; the rate shall be in effect for the first year of the Contract term, July 1, 2002 through June 30, 2003. Per Ton Processing and Marketing of Old Corrugated Containers (OCC) $25.00 Collection, Processing and Marketing of Old Newspapers (ONP) No Charge C. The following services shall be provided by TFC at the rates specified; the rates are those that shall be in effect for the first year of the Contract term, July 1, 2002 through June 30, 2003. Per Ton Processing and Marketing of Fiber and Commingled Material Delivered as a Dual Stream $30.00 D. An annual adjustment shall be made to reflect the general increase in the cost of operations effective on the Contracts' anniversary dates. Contract fees will increase at a rate equal to the U.S. Consumer Pdce Index for All Urban Consumers (CPI-U) for the preceding twelve-month pedod, but the increase shall not exceed five (5) percent per year. ARTICLE VI. DELIVERY CONDITIONS A. Participating Local Jurisdictions agree to cooperate with the Contractors and the CVVVMA in the implementation of Drop-Off Recycling Services through this Special Project Agreement. At the CVWMA's request, the Participating Local Jurisdictions will consider all reasonable and lawful actions that assist in the successful implementation and administration of the Special Project under this Agreement. Such actions include but may not be limited to designation of Drop-Off Recycling Collection Sites, provision of appropriate signage at the Collection Sites and, subject to legal authority, prevention of scavenging of Recyclable Materials delivered to the Collection Sites. B. The Participating Local Jurisdictions agree to regularly monitor and maintain Collection Sites established under this Agreement in a clean and attractive condition and SPECIAL PROJECT SERVICE AGREEMENT DROP-OFF RECYCLING SERVICES D6 further agree to be responsible for the monitoring of materials collected and the removal and proper disposal of either: a) any overflow Recyclable Matedal improperly deposited at the recycling containers or b) any non-Recyclable Materials deposited at the Collection Sites serviced under this Agreement. The CVWMA shall not be responsible for the condition of any Collection Site pdor to the ardval of BFI with equipment for the hauling of Drop-Off Recycling Containers. C. Participating Local Jurisdictions shall provide appropriate supervision of the Collection Site and Drop-Off Recycling Containers and shall be responsible for the Drop-Off Recycling Containers provided by BFI while they are at Collection Sites, except for activities associated with the operations of BFI at Collection Sites as specified in Article IV.A.5 above. The Participating Local Jurisdictions shall be responsible for the cost of any repairs needed to containerS that are vandalized at Collection Sites located within the Participating Local Jurisdiction. D. If there is documentation of a recurring problem with contamination at a particular Collection Site, the Participating Local Jurisdiction where the Collection Site is located shall take appropriate steps to ensure the quality of the Recycled Matedal collected. After the third instance of loads from a particular Collection Site having contamination in excess of 10 percent of the total weight of the load, the Participating Local Jurisdiction shall be responsible for the cost of disposing of the contaminated material that is in excess of 10 percent. E. The Participating Local Jurisdictions may add or reduce the number of Drop-Off Recycling locations and/or containers as mutually agreed to by the CVVVMA and the Participating Local Jurisdictions. Such requests to alter the number of Collection Sites shall be made in wdting to the CVVVMA by the Participating Local Jurisdiction. ARTICLE VII. PAYMENT OF SERVICE FEES A. The Participating Local Jurisdictions shall pay CVWMA for services provided pursuant to this Agreement as summarized in Article IV above. The Participating Local Jurisdictions agree to pay any service fee adjustments approved by the CVVVMA that are required under the Contracts implementing this Agreement or contained in this Agreement which are applied to all Participating Local Jurisdictions. Each Participating Local Jurisdiction agrees to pay any service fee adjustments approved by the CVWMA that result from changes in service implemented in that individual Participating Local Jurisdiction. B. The CVWMA shall prepare monthly invoices for amounts due for Drop-Off Recycling Services. The Participating Local Jurisdictions shall pay invoiced amounts within thirty (30) days of receipt of the invoice. ARTICLE VIII. REVENUE SHARING A. SP Recycling Corporation shall share revenue with the CVVVMA based on the monthly OCC tonnage collected and delivered for processing and marketing as follows: SPECIAL PROJECT SERVICE AGREEMENT DROP-OFF RECYCLING SERVICES Per Ton Revenue Share for OCC Average OCC pdce in the Southeast quoted in the 1~ issue of the month of Official Board Markets: The Yellow Sheet The CVWMA shall provide the Contractor with a monthly listing of the number of loads delivered to the Contractor from CVWMA Collection Sites by BFI Waste Services, LLC, and their total weight. The weight for collected OCC that will be used for each cubic yard of OCC collected shall be 27 pounds (216 pounds for 8 cubic yard FEL's and 162 pounds for 6 cubic yard FEL's). This data will be used by SP Recycling Corporation to determine the monthly weight of OCC delivered for the calculation of processing costs and revenue share. The CVVVMA shall transmit or credit, as appropriate, 75 percent of the net of OCC revenue, after offsetting processing costs, to the Participating Local Jurisdiction in which the material was collected. B. SP Recycling Corporation shall share revenue with the CVWMA based on the monthly ONP tonnage collected and delivered for processing and marketing as follows: Per Ton Revenue Share for ONP High ~ News Pdce plus $5.00 in the Southeast quoted in the 1 a issue of the month of Official Board Markets: The Yellow Sheet, with a floor of $25.00 and a ceiling of $60.00 The CVWMA shall transmit or credit, as appropriate, 75 percent of the ONP revenue to the Participating Local Jurisdiction in which the matedal was collected, except in the case of multi- family communities that have been provided a subsidy by the CVWMA for screening in an amount not to exceed $1,000. In the case of those multi-family communities, the CVWMA shall retain all of the ONP revenue for matedal collected at those communities until the amount of the subsidy has been recovered or for two years following placement of a collection container, whichever is less; thereafter, the revenue shall be shared with the Participating Local Jurisdiction as specified for other Participating Local Jurisdictions above. ARTICLE IX. QUANTITIES The Contracts referred to by this Agreement are "requirements" based and no minimum is guaranteed or implied as quantities are subject to fluctuation based on utilization of the collection sites by the public. SPECIAL PROJECT SERVICE AGREEMENT DROP-OFF RECYCLING ARTICLE X. NON-APPROPRIATION The Drop-Off Recycling Services implemented and govemed by this Agreement are funded solely through funds appropriated to the CVVVMA by the Participating Local Jurisdictions. Failure of any Participating Local Jurisdiction to appropriate the funds necessary to cover the cost of that jurisdiction's portion of the program shall terminate the Contractor's obligation to provide service under this Agreement in that jurisdiction unless and until funding is restored. ARTICLE Xl. FORCE MAJEURE A. Force Majeure shall mean any cause beyond the reasonable control of the party whose performance is affected, including but not limited to acts of God, war, riot, tire, explosion, wind storm, flood, inability to obtain or use fuel, power, or raw materials, shortage or failure of the usual means of transportation, injunction, action by governments not party to this Agreement, accident, or breakdown of machinery or equipment. Reasonable control of a party shall specifically exclude that party's ability to reach agreement in a labor dispute and that party's ability to settle or compromise litigation. B. Failure of any party to perform under this Agreement by reason of Force Majeure shall not constitute default or be cause for termination of this Agreement. However, the party so failing to perform shall immediately notify the CVVVM^ and the Participating Local Jurisdictions in writing of the failure, including reasons for such failure, and shall make reasonable efforts to correct such failure and to continue performance at the earliest possible date. C. Should the CVVVMA be unable to complete performance under this Agreement due to the Contractor's or Contractors' failure to perform by reason of Force Majeure, it shall, where practicable, take all reasonable steps to secure another vendor to perform the work as described in the RFP according to the already established schedule of rates, fees and charges. Should the CVVVMA be unable to secure a vendor to perform according to the established schedule of rates, fees and charges, the parties may agree to a new schedule by written amendment to this Agreement. If the parties are unable to agree on a new schedule, this Agreement shall terminate. D. Participating Local Jurisdictions shall have the dght, but not the obligation, to perform Drop-Off Recycling Services within their respective jurisdiction by means other than the Contractors at any time during which Force Majeure is in effect in the Participating Local Jurisdictions. For the period Force Majeure is in effect in the Participating Local Jurisdictions, the CVVVMA shall not impose any rate, fee or charge for Drop-Off Recycling Services within the applicable Participating Local Jurisdiction(s). Any additional costs incurred by any Participating Local Jurisdiction as a result of using another method (by reason of Force Majeure) other than the Contractors shall be borne by that Participating Local Jurisdiction. ARTICLE Xll - TITLE TO MATERIALS Control of and responsibility for materials collected from the Collection Sites shall rest with BFI upon collection of such materials from those sites for delivery to the designated MRF SPECIAL PROJECT SERVICE AGREEMENT DROP-OFF RECYCLING SERVICES o0000 4 until the materials are unloaded at the MRF. Title to all materials collected shall ultimately vest to TFC or SPRC, as appropriate to the material, the firms under contract to the CVVVMA to provide processing and marketing services for such materials. ARTICLE XlII. NO PARTNERSHIP Nothing herein shall be construed to constitute a joint venture between the Contractors, the CVVVMA and the Participating Local Jurisdictions or the formation of a partnership. ARTICLE XIV. TERMINATION A. In the event any Participating Local Jurisdiction lawfully fails to appropriate funds to pay for services received under this Agreement, this Agreement shall terminate within said Participating Local Jurisdiction. The Participating Local Jurisdiction shall make every effort to notify the CV~VMA of its inability to appropriate funds at least ninety (90) days prior to its effective date. B. If the CVWMA's Contractor(s) fails to perform in a satisfactory manner, or fails to perform in accordance with the terms of the Contract(s) or applicable federal, state and local laws, regulations and ordinances, the Participating Local Jurisdiction shall have the fight to demand, in writing, adequate assurance from the CVWMA and the Contractor(s) that steps have been or are being taken to rectify the situation. Within ten (10) days of receipt of such a demand, the CVWMA shall obtain a response from the Contractor(s) and said response will be immediately forwarded to the Participating Local Jurisdiction. The CVWMA will determine, in consultation with the Participating Local Jurisdiction, if the situation has been rectified. In the event that the Contractor(s) has not corrected the situation in accordance with the terms of the Contract(s) with the CVWMA, the Participating Local Jurisdiction may render notice of termination or participation under the terms of the Agreement with the receipt of written notification to the CVWMA provided not less than 90 days prior to termination. ARTICLE XV. AUDIT PROVISIONS A. CVWMA's records, which shall include but not be limited to all documents, accounting records, wdtten policies and procedures, contract files (including proposals of successful and unsuccessful offerors), payroll records, original estimates, estimating worksheets, correspondence, change order files (including documentation covering negotiated settlements), and any other supporting evidence necessary to substantiate charges related to this Agreement, shall be open to inspection by the Participating Local Jurisdictions and subject to audit and/or reproduction, dudng normal working hours or at such other times as are mutually agreed upon by the parties, to the extent necessary to adequately permit evaluation and verification of any invoices, payments or claims submitted by CVWMA or any of its agents or vendors pursuant to this Agreement. B. For the purpose of such audits, inspections, examinations and evaluations, the Participating Local Jurisdictions' agent or authorized representative shall have access to records from the effective date of this Agreement, for the duration of the Agreement, and until five (5) years after the date of final payment by Participating Local Jurisdictions' to CVWMA for each fiscal year of service pursuant to this Agreement. SPECIAL PROJECT SERVICE AGREEMENT DROP-OFF RECYCLING SERVICES 0000 5 C. Participating Local Jurisdictions' agent or authorized representative shall have reasonable access to CVWMA's facilities, shall have reasonable access to all necessary records, and shall be provided reasonable access to adequate and appropriate work space in order to conduct audits in compliance with this Article. Participating Local Jurisdictions' agent or authorized representative shall give the CVWMA reasonable advance notice of intended audits. ARTICLE XVI. LICENSES, PERMITS AND CERTIFICATES The responsibility for ensudng that all licenses, permits and certificates required in connection with any and all parts of the Special Project implemented by this Agreement are secured rests with the Contractor. ARTICLE .XVII. INSURANCE, INDEMNIFICATIONS AND PERFORMANCE BONDS/LETTERS OF CREDIT A. Each Contractor shall be required to carry for the life of its Contract with the CVWMA, Public Liability Insurance, with a company licensed to do business in the Commonwealth of Virginia and in the amount and coverage specified below, in addition to any other contractual liability assumed by any of the Contractors. Each Contractor shall, pdor to commencement of work under the Contract, deliver Certificates of Insurance from carriers acceptable to the each Contractor specifying such limits, with the CVWMA and each Participating Local Jurisdiction participating in this proposed project named as additional insured parties. In addition, the insurer shall agree to give the CVWMA thirty (30) days written notice of its decision to cancel, change or fail to renew coverage. The CVWMA reserves the option to increase the required insurance amounts if the Contract is renewed beyond the initial five period. Worker's Compensation Coverage A - Statutory Requirements Coverage B - $100,000/$500,000/$100,000 Automobile Liability, Includin.q Owned, Non-Owned and Hired Car Covera.qe Limits of Liability- $4,000,000 Combined Single Limit for Bodily Injury and Property Damage Comprehensive General Liability Limits of Liability - $4,000,000 Combined Single Limit for Bodily Injury and Property Damage Including: Completed Operations/Products Contractual Liability for Specified Agreements Personal Injury XCU (Explosion, Collapse and Underground Coverage) Broad Form Property Damage NOTE: The levels of coverage required in 2. and 3. can be met either by the primary policy alone or in concert with an excess liability policy. 0000 6 SPECIAL PROJECT SERVICE AGREEMENT DROP-OFF RECYCLING SERVICES 12 Contracts shall be subject to termination by the CVWMA at any time if said insurance shall be canceled by the issuing company or the insurance company is relieved from liability for any reason. Notice of cancellation must be provided to the CVWMA one hundred and twenty (120) days prior to the effective date of said cancellation. Contracts will not be terminated, if within five (5) working days of receipt of such notice, the affected Contractor files with the CVWMA a certificate evidencing similar insurance coverage to be effective for the balance of the Contract pedod. B. Each Contractor shall indemnify and hold the CVWMA and its officers, agents and employees and the Participating Local Jurisdictions and their officers, agents and employees harmless from and defend against all claims, damages, losses and expenses, including attorney's fees, of whatever kind or nature adsing out of or resulting from the Contractor's providing or failing to provide any construction, product, goods, or services required under this Contract, including, but not limited to, any such claim, damage, loss or expense, that is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom, or to economic loss; provided, however, that the Contractor's indemnification obligation under the scope of service of this Contract shall be limited to claims, damages, losses, and expenses caused in whole or in part by any negligent act or omission of the Contractor or any subcontractor performing work required by the Contractor's Contract with the CVVVMA, or anyone directly or indirectly employed by any of them or anyone for whose acts the Contractor or any subcontractor may be liable. Bdnging of a suit on one or more causes of action will not prejudice or bar subsequent suits on any other causes of action, whether it accrued before or after the first suit. Each Contractor shall indemnify and hold the CVVVMA and its officers, agents and employees and the Participating Local Jurisdictions and their officers, agents and employees, harmless from and defend against all claims (legal, equitable or administrative), damages, losses, expenses (including expert witness fees), consultant and attorney fees, remediation costs, removal costs, clean-up costs and all other costs, liabilities or expenses adsing out of or resulting from the performance of services set forth in this Contract, or the failure to perform said services. It is understood that this indemnification shall extend to any and all claims against the CVVVMA or the Participating Local Jurisdictions by third-parties or agencies of the federal, state or local governments for any environmental liability due to a release of pollutants to the environment, whether imposed by statute, ordinance, regulation or common law, relating to activities under this Contract. It is expressly understood that the CVWMA and the Participating Local Jurisdictions shall have no title to any of the materials collected, transported and processed by the Contractor pursuant to the terms of this Contract. This Section shall survive the expiration or termination of this Contract. C. Each Contractor shall fumish to the CVWMA, and keep current dudng the term of its Contract, including renewals if applicable, a performance bond for the faithful performance of the Contract and all obligations arising hereunder. The performance bond for the BFI Contract shall be $60,000; the performance bond for the SPRC Addendum, $50,000; the performance bond for the SPRC Contract, $2,500; and the performance bond for the TFC Contract, $23,000. Performance bonds may be adjusted at each anniversary of the respective Contracts. Performance bonds shall be executed by a surety company licensed to do business in the Commonwealth of Virginia; having an "A-" or better rating by A. M. Best or Standard and Poor's; and included on the list of surety companies approved by the Treasurer of the United States. Performance bonds shall be in a form acceptable to the CVVVMA and included as an Attachment to the respective Contract covedng the faithful performance of the SPECIAL PROJECT SERVICE AGREEMENT DROP-OFF RECYCLING SERVICES 13 0000 37. Contract. The CVWMA may allow an irrevocable letter of credit in lieu of the performance bond with a banking institution and on terms and conditions acceptable to the CVWMA. Should the financial condition of the surety or banking institution become unacceptable to the CVWMA, the affected Contractor shall be notified in writing of that unacceptability. Within sixty (60) days of receipt of said notification, the Contractor shall fumish such additional bond or substitute letter of credit at the Contractor's expense as may be required by the CVWMA to protect its interests. This Contract shall be subject to termination by the CVWMA at any time if said bond or letter of credit shall be canceled or the surety thereon relieved from liability for any reason. Notice of cancellation of the bond or letter of credit must be served upon the CVWMA one hundred and twenty (120) days prior to the effective date of said cancellation. This Contract will not be terminated, if within five (5) working days of receipt of such notice if the Contractor files with the CVWMA a similar bond or letter of credit to be effective for the balance of the Contract period. ARTICLE XVIII. TITLES OF SECTIONS Section headings inserted herein are for convenience only, and are not intended to be used as aids to interpretation and are not binding on the parties. XlX. AMENDMENT No modification or amendment of the terms hereof shall be effective unless written and signed by the authorized representatives of all parties entitled to receive a right or obligated to perform a duty under this Agreement. A signed original is to be fastened to the original Agreement with signed copies retained by all the parties. The written modification shall become effective according to the schedule agreed upon by the parties and set forth in any amendment to this Agreement. ARTICLE XX. MERGER CLAUSE: PREVIOUS AGREEMENTS SUPERSEDED This Special Project Service Agreement shall constitute the final and complete agreement and understanding between the parties. All prior and contemporaneous agreements and understandings, whether oral or written, are without effect in the construction of any provision or term of the Agreement. ARTICLE XXl - SEVERABILITY AND WAIVER In the event any provision of this Agreement shall be held to be invalid and unenforceable, the remaining provisions shall be binding upon the parties. One or more waivers by either party of any provision, term, condition, or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. ARTICLE XXII - DELEGATION Neither the Participating Local Jurisdictions nor the CVWMA shall delegate its duties under this Agreement without the written consent of the other. SPECIAL PROJECT SERVICE AGREEMENT DROP-OFF RECYCLING SERVICES 14 0000 ;8 IN WITNESS WHEREOF, the CVWMA and the Participating Local Jurisdictions have caused this Agreement to be executed. APPROVED AS TO FORM: McCandlish Kaine, P.C. By: Date: CENTRAL VIRGINIA J(ohn H/~l~litchell ~ive Director APPROVED AS TO FORM: COUNTY OF CHESTERFIELD Steven L. Micas County Attorney By: Lane B. Ramsey County Administrator Date: SPECIAL PROJECT SERVICE AGREEMENT DROP-OFF RECYCLING SERVICES 17 z 0O0070 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: February 13, 2002 Subiect: Request to Quitclaim a Property of Walthall 12, L.C. Item Number: 8.c. 5. Sixteen Foot Sewer Easement Across the County Administrator's Comments: County Administrator: Board Action Requested: Authorize the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a 16' sewer easement across the property of Walthall 12, L.C. Summary of Information: Walthall 12, L.C. has requested the quitclaim of a 16' sewer easement across its property as shown on the attached plat. Staff has reviewed the request and recommends approval. District: Bermuda John W. Harmon Attachments: Ycs Title: Right of Way Mana,qer #00007.1. O0007~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: February 13, 2002 Item Number: Subject: Set Date for a Public Hearing to Consider an Ordinance to Establish the "Victoria Lane Water Assessment District" County Administrator: ~ Board Action Requested: It is requested that the Board of Supervisors set March 13, 2002 as the date for a public hearing to consider establishment of the "Victoria Lane Water Assessment District". Summary of Information: Property owners along Victoria Lane have approached the County with a request to have the public water system extended to serve them. They have requested that an assessment district be established to fund the necessary water line extension. A map of the proposed assessment district is attached. If an assessment district is created, the County will initially pay all engineering, construction and other costs to extend a public water line along Victoria Lane and will then recoup the cost from the property owners. The water assessment on each lot may be repaid in a lump sum or over a 20-year period in semi-annual installments. The property owners will also pay interest at a rate equal to the interest rate on one-year U.S. Treasury Bills. A lien in the total amount of the assessment for each property will be recorded. Preparer: ~c~ Title: Director Attachments: Yes ~-] No # 00007~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 The total estimated cost for the proposed water line extension is $55,000.00. The proposed "Victoria Lane Water Assessment District" would include thirteen (13) lots, with the assessment per lot being $4,230.77. Of the eleven (11) property owners represented, nine (9) are in support, one (1) is opposed, and one (1) did not respond to the mailed notices. Two of the property owners supporting this proposal own two lots. A list of property owners and assessments is attached. 00007 Proposed "Victoria Lane Water Assessment District" Owner Name James and Patricia Kaufman* David and Barbara Liggan Joseph and Margaret Roller James and Patricia Kaufman* David and Linda Whaley Jonathon and Lucy Hawkins Forest and Betsy Cobb Joseph and Kimberly O'Hallaron Lee and Evelyn Hunt Brooke and Laurel Nelson Russell and Jean Kiine* Russell and Jean Kline* S.S. Horner and F.J. Stinson, Trustees Property Address 10771 Cherokee Road 10801 Cherokee Road 3930 Victoria Lane 3931 Victoria Lane 3821 Victoria Lane 3910 Victoria Lane 3911 Victoria Lane 3901 Victoria Lane 3900 Victoria Lane 3830 Victoria Lane 3831 Victoria Lane 3821 Victoria Lane 3820 Victoria Lane Total Assessment Assessment $4,230.77 $4,230.77 $4,230.77 $4,230.77 $4,230.77 $4,230.77 $4,230.77 $4,230.77 $4,230.77 $4,230.77 $4,230.77 $4,230.77 $4~230.77 $55,O00.00 In Favor/Opposed In Favor In Favor In Favor In Favor In Favor In Favor In Favor In Favor Opposed In Favor In Favor In Favor Unknown Note: * indicates owners of two lots January 14, 2002 Proposed "Victoria Lane Water Assessment District" Chesterfield County Department of Utilities 200 0 200 Feet / ,,, Existing Water Proposed Water Assessment District Area of Interest OOOO76 AN ORDINANCE TO CREATE THE VICTORIA LANE SPECIAL TAX OR ASSESSMENT WATER DISTRICT BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (I) That the Victoria Lane Special Tax or Assessment Water District is created as follows: Section 1. Definitions. In the context of this ordinance, the following words shall have the following meaning: District: The Victoria Lane Special Tax or Assessment Water District. Map of the District: The map entitled "Proposed Victoria Lane Water Assessment District" prepared by the County Department of Utilities, which map is on file with the director of utilities. Section 2. Establishment of Victoria Lane Special Tax or Assessment Water District. Pursuant to Code of Virginia, Section 15.2-2404 et seq., there is hereby created in the county the Victoria Lane Special Tax or Assessment Water District. The area of the district shall be and the same is hereby fixed within the boundaries depicted on the map of the district Section 3. Construction of certain water facilities in and adjacent to the district. The utilities department shall cause to be constructed in and adjacent to the district the water linc and appurtenant facilities depicted on the map of the district. Section 4. Taxes or assessments upon owners of property located within the district The cost of construction of the water line and appurtenant facilities located within the district shall be apportioned among the owners of property abutting the water line. The amount of the tax or assessment charged to each such owner shall be one thirteenth (1/13) of the total cost of the improvements constructed within the district, including the legal, financial and other directly attributable costs incurred by the County. The one thirteenth (1/13) charge shall be assessed .against each lot located in the district. The amount finally taxed or assessed against each landowner shall be reported to the treasurer as soon as practicable after completion of the water line and appurtenant facilities located within the district, and the treasurer shall enter the same a,: provided for other taxes. 0505:56151.1 - 1 - Section 5. Installment payment of assessments. Any person against whom an assessment provided for in this article has been finally made shall pay the full amount of the assessment provided for in this article, on the due date of the first tax bill on which such assessment is shown. In no event, however, shall any part of the assessment be due prior to the completion of the water line and appurtenant facilities constructed pursuant to this article. As an alternative to payment as provided above, a person against whom an assessment provided for in this article has been made may pay such assessment in forty (40) equal semiannual principal installments over a period of twenty (20) years, together with simple interest on the unpaid principal balance at an annual rate equal to the interest rate of one-year United States Treasury Bills on the date when the ordinance was adopted. The first of such installments shall be due on and interest on the unpaid principal balance shall accrue from the date on which the full amount of the assessment would otherwise have been due as provided above. Section 6. This ordinance shall not be set out in the County Code but shall be kept on file in the office of the director of utilities. (2) This ordinance shall be in effect immediately upon its adoption. 0505:56151.1 - 2 - 00007 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: February 13, 2002 Item Number: 8.c. 7. Subiect: Approval of Brandy Oaks, Section 6 Revised Contract for Water - Contract Number 99-0039 County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors approve this revised contract and authorize the County Administrator to execute any necessary documents. Summary of Information: This project includes the extension of 2,945± L.F. of 16" oversized lines and 200± L.F. of additional work for the replacement of an existing water line. The Developer is required to have an 8" water line to serve his development. Staff has requested that the water lines be oversized to provide service to adjoining properties. In accordance with the ordinance, the Developer is entitled to refunds for the construction cost of the oversized improvements and additional work. Developer: Contractor: Westbridge Development Incorporated Bookman Construction Company Contract Amount: Estimated County Cost for Oversizing ........ $91,945.00 Estimated County Cost for Additional Work ...$28,200.00 Estimated Developer Cost .................... $77,385.00 Estimated Total ............................ $197,530.00 Code: (Refunds thru Connections - Oversizing) 5B-572VO-E4C Code: (Cash Refund - Additional Work) 5B-572WO-E4C District: Matoaca Preparer: Title: Director of Utilitie- Attachments: Yes ~ No 000079 VICINITY SKETCH Brandy Oaks, Section 6 Project Number 99-0039 Oaks End Proposed 16" Water Line and Additional Work Proposed Bra n~ Oaks Section Begin Proposed 16" Water Line Brand~ Chesterfield County Department of Utilities Development Section ooOO~O CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meetin~l Date: February 13, 2002 Item Number: 8.C. 8! Subject: Acceptance of a Parcel of Land Along the West Right of Way Line of Pocoshock Boulevard from the United States Postal Service County Administrator's Comments: County Administrator: Board Action Requested: Accept the conveyance of a parcel of land containing 0.072 acres from the United States Postal Service, and authorize the County Administrator to execute the necessary deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of a parcel of land containing 0.072 acres along the west right of way line of Pocoshock Boulevard (State Route 733). This dedication is for the development of the Pocoshock Post Office. District: Clover Hill Preparer: ~~ 7_-,J. c~o~.,,,,~ Title: John W. Harmon Attachments: --]No Ri,qht of Way Manager # 000031 0oo0~;~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: February 13, 2002 Item Number: 8.C.9. Subject: Request Permission for a Sign to Encroach Within a Twenty-Foot Water and Sewer Easement County Administrator's Comments: County Administrator: ~--~/~ BoardAction Requested: Grant Hugh A. Cline and Deborah P. Cline permission for a sign to encroach within a 20' water and sewer easement; subject to the execution of a license agreement. Summary of Information: Hugh A. Cline and Deborah P. Cline have requested permission for a sign to encroach within a 20' water and sewer easement as shown on the attached sketch. This request has been reviewed by staff and approval is recommended. District: Clover Hill Preparer: John W. Harmon Attachments: Ycs ~---] No Title: Right of Way Manaqer Ou()O 0000~4 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: February 13, 2002 Item Number: 8.c.10.a. Subiect: Conveyance of an Easement to Virginia Electric and Power Company County Administrator's Comments: County Administrator: Board Action Requested: Authorize the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company to relocate underground and overhead power lines for the Chesterfield Government Center Parkway Project. Summary of Information: Staff recommends that the Board of Supervisors authorize the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company to relocate underground and overhead power lines for the Chesterfield Government Center Parkway Project. District: Dale Preparer: ~"~ 7.J. c~:~,,~ Title: John W. Harmon Attachments: ~-~ Yes No Right of Way Manaqer OOOOS5 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: February 13, 2002 Item Number: 8.C.10.b. Subiect: Conveyance of an Easement to Verizon Virginia Inc. County Administrator's Comments: County Administrator: Board Action Requested: Authorize the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Verizon Virginia Inc, to install underground cable on County property at Meadowbrook High School, 4901 Cogbill Road. Summary of Information: Staff recommends that the Board of Supervisors approve the conveyance of an easement to Verizon Virginia Inc. to install underground cable on County property at Meadowbrook High School, 4901 Cogbill Road. District: Dale John W. Harmon Attachments: [-~] Yes No Title: Right of Way Manaqer 0000.~$ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: February 13, 2002 Item Number: 8.c.n. Subject: State Road Acceptance County Administrator's Comments: County Administrator: ~'~'~:;-r~"*'4'~¢0~~ ~ Board Action Requested: Summary of Information: DALE: MATOACA: Jessup Farms, Section C Woodland Pond, Section 12 Beechwood Forest, Section 3 Chesdin Landing, Section 4 Hunters Green, Section B Lake Chesdin Parkway Preparer: Attachments: Yes ~-~ No Title: Director of Environmental Engineering TO: Board of Supervisors FROIVt l:k3mmmmt of Environrmntal Fngineering SUBJECT: State Road Acceptance - JESSUP FARMS, SEC. C DISTRICT: DAI,E MEETING DATE: 13 February 2002 ROADS FOR CONSIDERATION: Vicinity Map: JESSL~ FARMS, SEC. C TO: Board of Supervisors FROM: Depammnt of Environnmtal Engineering SUBJECT: State Road Acceptance - WOODLAND POND, SEC. 12 DISTRICT: DAI F, MEETING DATE: 13 February 2002 ROADS FOR CONSIDERATION: PARK BLUFF CT PARK BLUFF TER TIMBER POINT DR Vicinity Map: WOODLAND POND, SEC. 12 Produced by Chesterfield County OS O000 D TO: Board of Supervisors FRONt Depammmt of Environamtal Engineering SUBJECT: State Road Acceptance - BEECHWOOD FOREST, SEC. 3 DISTRICT: MATOACA MEE-TINGDATE: 13 Febrthary 2002 ROADS FOR CONSIDERATION: EAGLE PASS DR HUNTERS HA~ DR Vicinity Map: BEECHWOOD FOREST, SEC. 3 ~ced by Chest~i.a Ccmty cas TO: Board of Supervisors FROI~ ~t of Envirmnmtal Engineering SUBJECT: State Road Acceptance - ClqF_.SDIN lANDING, SEC 4 DISTRICT: MATOACA MEETING DATE: 13 February 2002 ROADS FOR CONSIDERATION: AQUIACr CHF_SDIN GR~-N WAY CI-IESDIN LANDING DR ODRAPEAKE PL CORAPEAKE TER PUNGO CT PUNGO TER Vicinity Map: CHF_SDIN LANDING, SEC 4 ~x:~luo:d by Ch~lield (lknnty CfS 00009:1. TO: Board of ~sors FRO~ Depammnt of Envirommntal Engineering SUBJECT: State Road Acceptance - HUNTERS GREEN, AMD PLAT SEC. B DISTRICT: MATOACA MFF, TINGDATE: 13 February 2002 ROADS FOR CONSIDERATION: HUNTERS TRA1L RD TRUMPETER RD TRUMPETER RLrN CT TRUMPETER RUN PL Vicinity Map: ~ CAREEN, AMD PLAT SEC. B TRUMPETER 00009; TO: Board of Supervisors FRONt Depammnt of Envirommntal Engineering SUBJECT: State Road Acceptance - LAKE CHESDIN PKWY DISTRICT: MATOACA MEF~TINGDATE: 13 February 2002 ROADS FOR CONSIDERATION: LAKE CHESDIN PKWY 000098 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~l Date: February 13, 2002 Item Number: 8.c.l~..a. Subject: Transfer $2,000 from the Bermuda District Improvement Fund and $2,000 from the Matoaca District Improvement Fund to Parks and Recreation to Construct a Football Field Fence at Harrowgate Park County Administrator's Comments: County Administrator: Board Action Requested: Transfer $2,000 from the Bermuda District Improvement Fund and $2,000 from the Matoaca District Improvement Fund to Parks and Recreation to construct a football field fence at Harrowgate Park. Summary of Information: Supervisors McHale and Humphrey request that $2,000 from the Bermuda District Improvement Fund and $2,000 from the Matoaca District Improvement Fund be transferred to Parks and Recreation to construct a football field fence at Harrowgate Park. The Harrowgate Athletic Association requested a donation from the County to install a fence around the football field at Harrowgate Park. The County is not legally authorized to give money to private organizations like the athletic association but the County can give money to Parks and Recreation to make capital improvements on County property. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. Rebecca T. Dickson Title:Director, Budget and Management 0422:56169.1 Attachments: Yes ~---] No # 0O0O.94 ££: t~I Q~[~ DISTRICT IMPROVEMENT FUNDS This application must be completed and signed before ~lle County can consider a request for funding w~th D;stf;ct Improvement Funds. Compl~Jng and a~ing this form d~s not m~n that you ~11 recede fun~ng or that the ~unty can legally consider your request, ~nla law pla~a aub~nlial r~ons on the a~ho~ of ~he Coun~ ~ ~c ~b~ fund~, such as Distri~t ImprO~cnt Fund~. to ~te per,on; ar o~an~zati~s and the~ ~tdcttons may preclude the count's Board of Supercore from even c~s~ng you~ request. er organization) making This funding request? if an organization is the applicant, what is the nature and purpose of the organization? · (Also attach organization's most recent articles of incorporation and/or bylaws to What is the amount of funding you are se~klng? Describe in detai~b.e funding request how :he money, ~f ?pproved, will be spe_~0J;. ....... 5. Is ~y Co~W Depertment involved ~ project, event or progrsm for which , you are seeking funds? If this request for funding wi[l not fuliy fund your activity or program, what other individuals or organize:ions will provide [he remainder of the funding? 040? ;23380. Z q,~iNI qYNgI$ ~HIqqY I8r90~S I'09 XV~ O~:e_I gt)/9I/IO Fage 2 If applicant is an or9anization, answer the following: Is [he organization a corporstion? Yes Is the ~rg~nization non-profit? Yes ._ __u/'~ I~ the organization tax-exempt? Yes ~ What is the addres~ of the spplicant making this funding request? What iS the telephone number, fax number, e-mail address of the applical~t? No Signature of appIJCe~t. If you are aig~ing on behalf of ~ organiz~ion you mu~ the p~nt. viOo-p~d~t, chai~~ ~i~an of~o~i~n.~., _ //' ;igning on banff ~ ~ ~d Name - ' TOTI;~. P. )096 L'd CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~ Date: February 13, 2002 Item Number: 8.C. 12.b. Subject: Transfer $300.00 in Matoaca District Improvement Funds to the Parks and Recreation Department for Field Improvements to Existing Soccer Fields at Manchester High School County Administrator's Comments: County Administrator: Board Action Requested: Transfer $300.00 from the Matoaca District Improvement Fund to the Parks and Recreation Department for field improvements to existing soccer fields at Manchester High School. Summary of Information' Ms. Humphrey has requested the Board to transfer $300.00 from the Matoaca District Improvement Fund to the Parks and Recreation Department for field improvements to existing soccer fields at Manchester High School. The Midlothian Youth Soccer League requested a donation from the County for field improvements (grass seed and fertilizer) for existing soccer fields at Manchester High School. The County is not legally authorized to give money to private organizations like the youth soccer league but the County can give money to the Parks and Recreation Department to make capital improvements on County property for a public purpose. For information regarding available Improvement Fund accounts, please Improvement Fund Report. balances in the District reference the District / Rebecca T. Dic~sonA~'43 Attach ments: Ycs Title: Director, Budget and Management 0422:56]72. ! No # 0(30097 DISTRICT IMPROVEMENT FUNDS APPLICATION This application must be completed and signed before the County can consider a request for funding with District Improvement Funds. Completing and signing this form does not mean that you will receive funding or that the County can legally consider your request. Virginia law places substantial restrictions on the authority of the County to give public funds, such as District Improvement Funds, to private persons or organizations and these restrictions may preclude the County's Board of Supervisors from even considering your request. What is the name of the applicant (person or organization) making this funding request? If an organization is the applicant, what is the nature and purpose of the organization? (Also attach organization's most recent articles of incorporation and/or bylaws to application.) ~,o~) J e. yO0¥~. ~'~ ~ cl,, ,, ,,.l,.. t ,'%, , -/,. . , ,.-i-- What is the amount of funding you are seeking? .. Describe in detail the funding request and how the money, if ap. proved, will be spent. Is any County Department involved in the project, event or program for which you are seeking funds? If this request for funding will not fully fund your activity or program, what other individuals or organizations will provide the remainder of the funding7 0407:23380.1 00009,$ Page 2 If applicant is an organization, answer the following' Is the organization a corporation? Yes Is the organization non-profit? Yes is the organization tax-exempt? Yes No ~ No /"" No .. What is the address of the applicant making this funding request? What is the telephone number, fax number, e-mail address of the applicant? Signature of appliCant. If you are signing on behalf of an organization you must be the president, vice-president, chairman or vice- chairman of the organization. Title (if signing on behalf of an organization) Printed Name 0407:23380.1 000099 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: February 13, 2002 Item Number: s.c. 13 Subject: Approval of a Lease Addendum for Office Space at CentreCourt Office Building for the Economic Development Department County Administrator's Comments: County Administrator: Board Action Requested: Authorize the County Administrator to execute a lease addendum for office space at CentreCourt Office Building for the Economic Development Department Summary of Information: Economic Development needs to expand its existing space in the CentreCourt Office building to accommodate a new staff position. The landlord has made available approximately 400 additional square feet of space. Accordingly, the Board is asked to authorize the County Administrator to enter into an Addendum to the existing lease to add the additional square footage, increase the rent proportionately, and extend the term of the lease to expire on September 30, 2007. The current lease is set to expire on September 30 of this year. Preparer: Attachments: ~-~ Yes Title:Director 0600: 56224.1 No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meetino Date: February 13. 2002 Number Bud.qet and Mana.qement Comments' The Board of Supervisors is requested to authorize a lease addendum for the Department of Economic Development's office space at the Centre Court Office Building. New space is required to accommodate a new staff position. The resulting increase to begin September 30, 2002 will be $550 from $4449 to $4999 per month. The addendum also requests a five-year extension of the lease term to September 30, 2007, with an annual rent increase of 3% per year beginning September 30, 2003. The rent increases will have to be absorbed in Economic Development's budget as no additional funding has been provided. Preparer: Rebecca T. Dickson Title: Director, Budget & Management CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~l Date: February 13, 2002 Item Number: 8.¢.14. Subiect: Set Date for Public Hearing to Consider an Ordinance Approving the Joint County Administrator's Comments: County Administrator: Powers Association (JPA) Agreement Board Action Requested: Set the date of February 27, 2002 for a Public Hearing to consider an ordinance approving the Joint Powers Association (JPA)Agreement. Summary of Information: Chesterfield County has, for more than 2 decades, partnered with other local governments for the purpose of purchasing electric supply. Up until now, this function was performed by a committee established by VML/VaCo. This "Power Steering Co~ittee" established a pilot program in 2001 to procure power generated on a limited basis. This "Pilot JPA" resulted in savings of over $39,000 for Chesterfield County. This "Power Steering Committee" is being formalized into the Virginia Energy Purchasing Governmental Association (VEPGA). To continue participating in this power procurement initiative, we must join VEPGA, which is forming through the use of a Joint Powers Agreement. The ongoing advantages include cost sharing for legal and consulting fees, potential savings associated with aggregating purchasing power, and leveraging the experience and knowledge gained by other municipalities. Under the JPA, localities are required to hold a Public Hearing and adopt an ordinance approving the JPA Agreement. ~mparor: ~/ , ~ ¥itle:DimctorofGeneraISomices ~mncisM.~i~am Attachments: Yes ['~ No AN ORDINANCE TO ESTABLISH AND APPROVE A JOINT POWERS ASSOCIATION AGREEMENT TO PERMIT JOINT PURCHASES OF ELECTRICITY SUPPLY AND DISTRIBUTION WHEREAS, the VML/VACo Virginia Power Steering Committee (the "Committee"), composed of representatives of Chesterfield County and other local governments and political subdivisions of the Commonwealth, has for over several decades negotiated on behalf of such governmental units a standard form contract for their purchase of electricity supply and delivery service from Virginia Electric and Power Company ("Virginia Power") as a sole source provider; and WHEREAS, political subdivisions of the Commonwealth of Virginia are authorized under Virginia law to exercise jointly powers that they otherwise are authorized to exercise independently, and the terms and conditions of such authorization are currently set forth in Sections 15.2-1300, et seq. of the Virginia Code (the "Joint Powers Act"); and WHEREAS, the Virginia Electric Utility Restructuring Act (the "Restructuring Act") further authorizes municipalities and other political subdivisions in the Commonwealth to aggregate their electricity supply requirements for the purpose of their joint purchase of such requirements from licensed suppliers, and the Restructuring Act provides that such aggregation shall not require licensure; and WHEREAS, the Virginia Public Procurement Act (the "Procurement Act") exempts from its competitive sealed bidding and competitive negotiation requirements (the "Requirements") the joint procurement by public bodies, utilizing competitive principles, of electric utility services purchased through member associations under the conditions set forth in the Procurement Act; and WHEREAS, the Committee recommends that the aggregation and procurement of electric supply, electric delivery, and other energy-related services ("Energy Services") be effectuated as provided in the Joint Powers Association Agreement, a copy of which is attached to and made part of this Ordinance (the "Joint Powers Agreement"), in accordance with applicable provisions of the Procurement Act, such as the utilization of competitive principles pursuant to an exemption from the Requirements; and WHEREAS, the Committee also recommends that the other services provided by the Committee to its members be effectuated as provided in the Joint Powers Agreement, with such services consisting of (i) assistance in implementing standard form contracts for the purchase of services from incumbent electricity utilities, (ii) education of members regarding electricity procurement issues, (iii) monitoring of legal and regulatory developments affecting the provision of electricity service to local governments, and (iv) hiring of consultants and legal counsel to assist in its provisions of the foregoing services ("Steering Committee Services "). WHEREAS, it appearing to the Board of Supervisors of Chesterfield County that the joint procurement of the Energy Services pursuant to the Joint Powers Agreement and the provision of Steering Committee Services pursuant to the Joint Powers Agreement is in the best interests of Chesterfield County. NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE BOARD OF SUPERVIS ORS OF CHESTERFIELD COUNTY that: (1) Competitive sealed bidding and competitive negotiation for the procurement of Energy Services are not fiscally advantageous to the public because the procurement process for Energy Services must be flexible enough to respond to quickly changing market conditions in which energy prices can fluctuate considerably on a daily or even hourly basis. (2) The aggregation and joint procurement of the Energy Services pursuant to the Joint Powers Agreement is hereby approved. (3) The provision of Steering Committee Services pursuant to the Joint Powers Agreement is hereby approved. (4) The Joint Powers Agreement and the performance of the terms and conditions thereof on behalf of Chesterfield County are hereby authorized and approved. (5) The County Administrator is hereby authorized and directed to execute and deliver the Joint Powers Agreement on behalf of Chesterfield County in substantially the form presented at this meeting and attached to this ordinance. (6) The payment obligations of Chesterfield County pursuant to the provisions hereof and the Joint Powers Agreement shall be subject to annual appropriation of requisite funds therefor by the Board of Supervisors of Chesterfield County. (7) This Ordinance shall take effect immediately upon adoption. 0422:56240.1 3 13 EAST FRANKLIN STREET P.O. BOX 12164 RICHMOND, VA 23241 804/649-847I FAX 804/343-3758 MEMORANDUM Virginia Association of Counties Date: January 10, 2002 To: Key Officials - Virginia Power Territory From: Paul N. Proto, Chairman, VML/VACo Virginia Power Steering Committee R. Michael Amyx, Executive Director, Virginia Municipal League James D. Campbell, Executive Director, Virginia Association of Counties Re: VML/VACo Virginia Power Steering Committee 2002-2003 Information IOO1 EAST BROAD STREET SUITE LL 20 RICHMOND, VA 23219 804/788-6652 FAX 804/788-OO83 This memorandum addresses significant changes in the structure of the VML/VACO Virginia Power Steering Committee in response to energy deregulation in Virginia. For more than two decades, VML and VACo have jointly sponsored negotiations for electric power rates and terms and conditions of service with Dominion Virginia Power. In addition, the Steering Committee has helped to educate local governments regarding electricity procurement issues and has monitored legal and regulatory developments affecting the provision of electricity service to local governments. The work of the VML/VACo Virginia Power Steering Committee has resulted in millions of dollars in annual savings for Virginia local governments. The Steering Committee process has always been an informal, voluntary process, both in terms of participation in the negotiating process and the assessment to fund the negotiations. As you know, Virginia and much of the rest of the country, is moving to a deregulated electric power generation market. Deregulation will bring about substantial changes for local governments as energy consumers. We are fortunate to have a long history of negotiating in this area and the Steering Committee has worked very hard to understand and prepare for the many challenges that lie ahead. One. significant change is that local governments will competitively procure electric generation service. We were fortunate to have had the opportunity to conduct a pilot program in 2001 to procure power generation on a limited basis. It was a very good learning experience and produced many valuable lessons. We are convinced that jointly purchasing electric power generation service is the most cost effective way for local governments to achieve the best possible pricing and terms and conditions of service. To do that, the Steering Committee process has to be formalized. Effective March 1, 2002, a new association called the Virginia Energy Purchasing Governmental Association (VEPGA) is forming to replace the Steering Committee. To continue your entity's participation in tiffs important group purchasing initiative (including traditional functions formerly performed by the Steering Committee), you must join VEPGA, which is forming through the use of a joint powers agreement. The following materials are enclosed with this memorandum: 1. New member enrollment instructions. 2. VEPGA joint powers agreement with Schedule A (list of initial board members) and Schedule B (bylaws). 3. Sample ordinance/resolution 4. Designated contact form 5. Frequently Asked Questions 6. 2002-2003 assessment invoice If your locality has a school system, a packet of materials is also enclosed for the school system. I Please deliver it to the appropriate person on our behalf. We encourage you to continue supporting the steering committee process that has been so effective for many years by joining VEPGA. There are many uncertainties surrounding deregulation. You can take comfort in knowing that your VEPGA board of directors is well qualified to work effectively on your behalf. VIRGINIA ENERGY PURCHASING GOVERNMENTAL ASSOCIATION JOINT POWERS ASSOCIATION AGREEMENT Dated as of March 1, 2002 THIS AGREEMENT ("Agreement"), is made and entered into by and among the local governments and other political subdivisions of the Commonwealth of Virginia which are signatories hereto (each a "Member" and, collectively, the "Members"), effective as of March 1, 2002, for certain signatories or such later effective date for other signatories as set forth on such signatories' execution page. WITNESSETH: WHEREAS, each Member is authorized by law to acquire electricity supply, electricity delivery, and other energy-related services ("Energy Services") as necessary or appropriate for the operation of its respective public facilities; and WHEREAS, political subdivisions of the Commonwealth of Virginia are authorized under the Code of Virginia 1950, as amended (the "Code") to exercise jointly powers that they otherwise are authorized to exercise independently, and such authorization is currently set forth in sections 15.2-1300, et seq. of the Code, which provide that any power, privilege or authority exercised or capable of being exercised by a political subdivision of the Commonwealth of Virginia may be exercised and enjoyed jointly with any other political subdivision of the Commonwealth having a similar power, privilege or authority except where express statutory procedure is otherwise provided for the joint enterprise; and -1- WHEREAS, Code sections 15.2-1300, et seq! authorize two or more political subdivisions to enter into agreements with one another for such joint action and to appropriate funds and sell, lease, give or otherwise supply such property, personnel or services therefor as may be within their legal power to furnish; and WHEREAS, the Members, pursuant to the at et seq. or such similar authority as may from time to create a joint powers association and associate as me~ thority granted in Code sections 15.2-1300, ime be authorized under the Code, desire to nbers hereunder with the assistance of the Consultant and Counsel (identified below) for the pu/poses, among other things, of promoting the interest and welfare of the Members, and developing a closer relation among them, all as hereinafter more particularly set forth; and WHEREAS, the Virginia Public Procurement Act (the "Procurement Act") exempts from its competitive sealed bidding and competitive fiegotiation requirements (the "Requirements") the joint procurement by public bod electric utility services purchased through member as ies, utilizing competitive principles, of sociations under the conditions set forth in the Procurement Act; WHEREAS, the Virginia Power Steering Coh~mittee of the Virginia Municipal League and the Virginia Association of Counties (the "Coml~iittee"), which is composed of representatives of local governments and other p°litiCal subdivisions of the Commonwealth purchasing energy from Virginia Electric and Power Company, d/b/a Dominion Virginia Power ("Virginia Power"), has (i) for several decades assisted such govemmental bodies in connection with the negotiation of standard form contracts with ~/irginia Power for the purchase of electric utility services, including electric supply, distributiod and transmission, and ancillary services, (ii) provided assistance in implementing such contra~',ts, (iii) helped educate its members regarding electricity procurement issues, (iv) monitored legal and regulatory developments affecting the provision of electricity service to local governments, and (v) has hired consultants and legal counsel to assist in its provisions of the foregoing services ("Steering Committee Services"). WHEREAS, the Committee recommends that the aggregation and procurement of Energy Services be effectuated in compliance with applicable provisions of the Procurement Act, such as the utilization of competitive principles pursuant to an exemption from the Requirements, and the Committee also recommends that the Steering Committee Services be undertaken by the same entity that arranges for the procurement of the Energy Services. NOW, THEREFORE, in consideration of the premises and the undertakings hereinafter stated, the Members agree as follows: 1. Name. The undertaking of the Members hereunder shall be named and designated as the Virginia Energy Purchasing Governmental Association (hereinafter "VEPGA"). 2. Term of the Agreement. This Agreement shall be effective for the period commencing on the date set forth above (with each Member to adopt the Agreement on or after such commencement date) and shall terminate upon the earlier of (a) a unanimous vote of all the remaining Members or (b) when the membership has decreased to one Member. Upon such termination, any property owned by VEPGA (or the proceeds from the sale of such property) shall be distributed to each remaining Member in accordance with VEPGA's bylaws, as such bylaws may be amended from time to time by the board governing VEPGA (the "Bylaws"). 3. Purpose of the Agreement. The Members enter into this Agreement for the purpose of acting jointly to promote their interests and welfare and to promote the interest and -3- welfare of, and develop close relationships with, similar public bodies. This promotion and development shall consist of the purchaSe of one or more components of the Energy Services on an aggregated basis and also the provision of Steering ,Committee Services. VEPGA shall be the Members' agent regarding the purchase of Energy Ser¥ices, which shall be done in the manner specified in the Bylaws. Each Memberi agrees, subject, however, to annual appropriation, (a) to purchase its respective share of the Eneigy Services ft)r any of its accounts that have been selected by one or more supplier(s) chosen by VEPGA~ to service such accounts and to pay the rate for such accounts negotiated in the procurement process for the one or more components of the Energy Services, and (b) to pay its 1 hereinafter set forth. 4. Governance. (a) The Board. ~ro rata share of the budget or the membership fees as vEPGA shall be governed by a Board (the "Board") that shall initially consist of the individuals listed on Schedule A of this Agreement and thereafter members of the Board shall be elected by the Members in accordance with the Bylaws. The size of the Board may be increased or decreased in accordance with the Bylaws. The Board shall have power to decide all matters relating to VEPGA'S activities and operations. (b) Meetings of the Board. The BOard shall meet at such times and places as shall be designated in the Bylaws. (c) Officers of the Board. Paul Prbto is hereby designated as the initial Chair of the Board, Steve Sinclair is hereby designated as its initial Vice-Chair and Steve Craig is hereby designated as its initial Secretary/Treasurer. in accordance with the Bylaws shall serve until the e resignation or such officer's removal and the electio~ -4- [~ihese officers and any other officers elected flier of the submission of such officer's of a successor by the Board. The Chair shall preside at all meetings of the Board, except that in the absence of the Chair, the Vice-Chair or another Member of the Board shall preside. Vacancies in such offices may be filled by the Board at any meeting. (d) Quorum for the Board. A majority of board members shall constitute a quorum for any Board meeting. The size of a quorum may be increased or decreased in accordance with the Bylaws. (e) Actions by the Board. upon the affirmative vote of Board members voting at a meeting where a quorum is present, or otherwise as may be specified in this Agreement or in the Bylaws. (f) Quorum for Members. The lesser of (i) a simple majority of the Members or (ii) eight Members shall constitute a quorum for any meeting of the Members. The size of a quorum may be increased or decreased in accordance with the Bylaws. (g) Bylaws. The initial Bylaws are set forth in Schedule B to this Agreement. The Bylaws may be amended upon the affirmative vote of two-thirds of all the Board members or upon the affirmative vote of two-thirds of all the Members. 5. Budget of the Association. (a) The Board shall establish a budget for VEPGA with funding by the Members based upon a pro rata share of the budget or, if applicable and approved by the Board, a minimum membership fee. Such pro rata shares and minimum fees shall be assessed on an armual basis except that, under extraordinary and unanticipated circumstances, the Board may assess a pro rata share and minimum fee more than once a year. The pro rata share will be based upon each Member's energy consumption or upon such other equitable method of funding as may be determined from time to time by the Board. All matters for action by the Board may be adopted (b) VEPGA shall not create Or incur any liability for the Members, jointly or severally, other than and subject to annual appropriatit)n, (i) the costs incurred by any Member in paying its portion of the Energy Services in accordance with contracts signed by the Chair or Vice-Chair on behalf of VEPGA as the Member's agent or (ii) the pro rata share of the budget or the membership fees imposed for a Me~aber's participation in VEPGA. No Member shall be liable or responsible for any payments Owed under any contracts for any portion of the Energy Services purchased by any other Member. 6. Withdrawal of Members. A Membe may withdraw from VEPGA effective 1 July 1 of any calendar year if written ndtice has been given to VEPGA by March 1 of that calendar year; provided, however, that any accounts 0fa withdrawing Member that are participating in any contract awarded b / VEPGA shall continue to participate in such contract until such contract has expired or has b,,~en terminated in accordance with the terms of such contract. Any other methods ofwithdntwing from VEPGA shall be set forth in the Bylaws. 7. Execution of Multiple )rieinals. This Agreement may be executed by the Members in multiple original counterparts, each of which shall be deemed to be an original and all of which together shall be deemed tO be one and the same instrument. WITNESS the following signatures, effective as of the date set forth underneath each signature. -6- MEMBER: By: Title: Effective Date: [To be completed for all Members] -7- SCHEDULE A LIST OF II~'ITIAL BOARD MEMBERS 3 Year Term (2002-2005) [ Lcn Ringler, Paul Proto, Jerry Spivey, Ricky Bowers, Steve Sinclair 2 Year Term (2002-2004) Matt Groff, Penny Newquist, Dave Gilman, Rick Raike, Bob Jennings 1 Year Term (2002-2003) l Roger Neve, Tom Colbert, Phil Norris, Mac Corwine; ,Jack Pitzer SCHEDULE B INITIAL BYLAWS See attached. -9- Bylaws of Virginia Energy Purchasing Governmental Association March 1, 2002 1. Purpose The members (the "Members") of Virginia Energy Purchasing Governmental Association ("VEPGA") are local governments and other political subdivisions of the Commonwealth of Virginia that have formed a joint powers association pursuant to the VEPGA Joint Powers Association Agreement dated February 1, 2002 (the "JPA Agreement"). The Members have formed VEPGA to further their economic interests in the aggregation and procurement of electricity supply, electricity delivery, and other energy-related services. The purchase of competitive electricity supply services, including generation, transmission, ancillary, and billing services related to such competitive electricity supply services, ("Electricity Supply Services") on an aggregated basis shall be a core function of VEPGA ("Core Function"). Another Core Function shall be the provision of services previously provided by the Virginia Power Steering Committee of the Virginia Municipal League and the Virginia Association of Counties (the "Steering Committee"). These services shall be referred to herein as the "Steering Committee Services." For those Members whose local electricity distribution company is not Virginia Power, the Steering Committee Services may be structured to accommodate the services to be provided by VEPGA regarding such Member's local electricity distribution company. The purchase of other energy-related services shall be non-core functions of VEPGA ("Non-Core Functions"), to the extent Non-Core Functions are permitted by law. All Members must participate in Core Functions on the terms and conditions specified in these Bylaws. Any Member may participate in a Non-Core Function on an opt-in basis. 2. Core Functions The board of VEPGA (the "Board") shall have the authority to act as each Member's agent for Core Functions relating to all accounts for which a Member is responsible for procuring energy services ("Accounts"). The Board shall also have authority to undertake the following as each Member's agent for Core Functions: (a) evaluation of offers for Electricity Supply Services for some or all of the Accounts (with such assistance from consultants and attorneys as the Board deems appropriate), (b) award of one or more contracts for Electricity Supply Services for some or all of the Accounts, -1- (c) administration of contracts for Electr:icity Supply Services for some or all of the Accounts, and ~ (d) provision of Steering Committee Services. VEPGA's procurements shall be in compliance with applicable provisions of the Virginia Public Procurement Act, including any exemptions thereto. During the period in which the Accounts are subject to Capped rates ior default service under Virginia law, VEPGA shall award contracts to a competitive supplier only when (a) the cost of supply offered by such a supplier is projected to be lowe~ 'than the projected cost that would otherwise pertain when applying the incumbent Utility's or default service provider's supply rate under which an Account would otherV~ise be served, or (b) the contract would otherwise be projected to lower the Account's costs as compared to alternatives over the reasonably relevant time frame. Each contract awarded by VEPGA for one Or more Accounts of a Member shall constitute a contract between a Member and the supplier of services under that contract, and VEPGA shall not be deemed to he party to such contract. The Chair or the Vice- Chair of VEPGA shall execute each contract on bek,alf of the Member, and the Member, subject to annual appropriations, shall purchase the services for its Account in accordance with the contract. A copy of each such contract shall be provided by VEPGA to each Member as applicablb. 3. Non-Core Functions The Board shall have the authbrity to appoint one or more subcommittees to recommend what Non-Core Functions VEPGA will undertake and to determine how Members may elect to participate in such functionS; and how participating Members will fund such functions. ParticipatiOn in as well as payment for any Non-Core Function will be done only on an opt~in basis. SuCh Non-Core Functions may include, but are not limited to, metering serviCes, billing services (except for generation billing services), economic load curtailment Services, an~ efficiency and managing services. 4. Membership Fees Each Member shall, subject to annual appropriations, submit to VEPGA payment for its pro rata share of VEPGA's budget for the Core Functions applicable to each Member. Such pro rata share shall be based upor~ t_ach Member s energy consumption or upon such other equitable method of funding as may be determined from time to time by the Board. -2- Each Member that participates in Non-Core Functions shall, subject to annual appropriations, submit to VEPGA payment for its fees for such Non-Core Functions, as such fees are determined and billed by the Board. VEPGA shall normally assess Members for Core Function fees by May 31st of each year, and such fees shall be due and payable by August 1st of each year. VEPGA may assess Members for Core Functions more than once a year only under extraordinary and unanticipated circumstances. 5. Budget and Fiscal Year The Board shall adopt by May 31st of each year an annual budget for the upcoming fiscal year, including anticipated receipts and expenditures in such detail as the Board may deem appropriate. The fiscal year of VEPGA shall be from the first day of July in each year until the thirtieth day of the following June, both inclusive. 6. Members (a) Approval of New Members The Board shall receive applications for membership from prospective new Members of VEPGA and shall consider such applications for membership in accordance with procedures established by the Board for admission of new Members to VEPGA. (b) Termination of Membership After 30 days written notice to the Member, the Board may terminate the membership of any Member who fails to pay its membership fees, comply with these Bylaws, the JPA Agreement, or other rules and regulations for Members, as established from time to time by the Board. (c) Withdrawal of Members In accordance with the JPA Agreement, a Member may withdraw from VEPGA (a) effective upon July I of any calendar year if written notice has been given to VEPGA by March I of that calendar year, or (b) effective upon notice by a Member to VEPGA that the Member is withdrawing on or after the effective date of a Bylaw amendment; provided, however, that any Accounts of a withdrawing Member that are participating in any contract awarded by VEPGA shall continue to participate in such contract until such contract has expired or has been terminated in accordance with the terms of such contract. -3- (d) Meetings of Members The Members shall meet annually, on suchlciate and at such time and place as shall be designated by the Board. Special meetings of Members may be held at such time and place as shall be designated in the notic~ t:hereof upon call of the Board, the Chair of the Board, or not less than 10% of Members. (e) Notice of Meetings Notice of the annual meeting Ond any specieL1 meeting of Members shall be posted in the office of the Chair of the Board and Shall be given at least 5 days in advance by any means reasonably calculated to convey such notice to the designated representative ("Designated ' ' " Representative ) of each Member identified on the Member list maintained by the VEPGA Secretary/Treasurer (the "Member List"), including distribution of such notice Via first class mail, facsimile, e-mail, or as otherwise may be required by law. FOr each Member, the Member List shall set forth name and contact information for the principal Designated Representative of each Member and may also contain such information f0~t individuals that may serve as the alternate Designated Representatives in the absence of the principal Designated Representative. Whenever a Member designates an alternate Designated Representative to represent the Member at a meeting and such alternate is not set forth in the Member List, the Member shall be responsible for ensuring that the Chair or the Secretary/Treasurer (or their designees) are inforn~ted of this designation. (f) Voting by Members Each Member shall have one Vote which shall be cast by such Member's Designated Representative. Such Designated Representatives shall register with the Secretary/Treasurer or the Secretary/Treasurer's ~lesignee prior to any Members' meeting. (g) Conduct of Meeting The Chair of the Board shall p~eside over a that in his absence, the Vice-Chair or another men Secretary/Treasurer of the Board or the Secretary secretary for all meetings of the Members. I1 meetings of the Members, except xber of the Board shall preside. The /Treasurer's designee shall act as At each annual meeting, the Chair or his de;;ignee shall report on the financial position of VEPGA. The Members shall also elect Board members as provided in Section 7(b) of these Bylaws. -4- (h) Quorum Attendance by the lesser of (i) a simple majority of the Members or (ii) eight Designated Representatives shall constitute a quorum and when a quorum is present at any meeting, a majority of the Designated Representatives present may decide any question brought before such meeting except as otherwise provided by law or these Bylaws; provided, however, in the event a quorum shall not be present at an annual meeting of the Members, vacancies on the Board may be filled by vote of those Designated Representatives present. 7. Board (a) Powers The VEPGA shall be managed by a Board which may exercise all the powers of VEPGA except as otherwise provided by law or by these Bylaws. The Board may retain the services of such consultants, legal counsel, administrators, and others as the Board deems necessary or advisable in exercising such powers. (b) Composition and Election of Board Members The initial Board shall composed of those individuals listed in Schedule A to the JPA Agreement, who shall serve initial terms of approximately one, two, or three years as indicated on such schedule. Thereafter the Board shall be elected in accordance with these Bylaws at annual meetings of the Members during which approximately one-third of the Board shall be elected each year to serve for a term of three years, or until such Board member's successor is elected and qualified. For example, if the initial Board consists of fifteen members, then (unless the Members adopt a resolution revising the size of the Board) at the annual meeting following the expiration of the initial one-year term for five Board members, the Members shall elect five Board members to serve three year terms. The Members may, pursuant to a resolution adopted at their annual meeting or at a special meeting, decrease the size of the Board to as little as two Board members or increase the size of the Board to as many as fifteen Board members. If the resolution decreases the size of the Board in a manner that would require the term of currently serving Board members to be shortened, then the resolution shall identify those Board members whose terms are shortened. If the resolution revises the size of the Board to a number that is not divisible by three, then the resolution shall identify how the election of approximately one-third of the Board on an annual basis will proceed. In the event the Members fail to elect Board members pursuant to this Section 7(b) or to fill vacancies as specified in Section 6(h) of these Bylaws, Board members -5- currently serving whose terms have not at such tirrLe expired shall as soon as Practical I . fill all vacancies on the Board for the ~nsmng year. Not less than 30 days prior to each annual meeting, the Board shall solicit the names of candidates from the Members for Board ~nembers to be elected at the annual meeting of the Members. Such candidates shall be. considered by the Board in making its nominations for new Board members. Nominations may also be made by Members from the floor of the annual meeting of the Members. (c) Resignation or Termination of a Board Member A Board member may resign f~om all duties and responsibilities as a Member of the Board at any time by written notice delivered to the Chair or Secretary/Treasurer of the Board. Such notice shall state thei date said reSignation shall take effect and such resignation shall automatically take ~ffect on such date unless a successor Board member shall have been selected at a~ earlier date in which event such resignation shall take effect immediately upon the selqction of the successor Board member. The term of a Board member s~lected by the Members pursuant to Section 7(b) of these Bylaws or appointed by the Bo~d pursuant to Section 7(d) of these Bylaws shall be terminated by the Board if such BOard member no longer represents a local government or other political subdivision which is a Member of VEPGA, or may be terminated by the Board if such Board member misses one half of the meetings held during VEPGA's fiscal year. Board members, upon resignation or termination for any reason, shall forthwith turn over and deliver to the Chair of ihe Board or Ids designee any and all records, books, documents or other property in the possessiion or under the control of such Board member which belongs to VEPGA. (d) Vacancies Any vacancy occurring on thei Board other than a vacancy caused by an expired term (except as otherwise may be expressly provided herein) may be filled by the affirmative vote of a majority of the ~emaining Board members present and voting at a meeting at which a quorum is present. In cases Where vacancies are filled by the remaining Board members, the Board may, but n~ed not, solicit nominations from the Members. -6- (e) Meetings Regular meetings of the Board shall be held at least once a year at such location as is acceptable to a majority of the Board. The Board may provide, by resolution, the time and place for holding the regular meetings. Special meetings of the Board shall be held on the call of the Chair, Vice-Chair, or any two other Board members. The Chair of the Board or his designee shall set the date, time and location of each meeting so that the meeting will take place within 60 days of receipt of such call. The Secretary/Treasurer of the Board or the Secretary/Treasurer's designee shall act as secretary for all meetings of the Board. (f) Quorum At any meeting of the Board, a majority of the Board members then in office shall constitute a quorum. (g) Action at Meeting At any Board meeting at which a quorum is present, the vote of a majority of the Board members present shall be sufficient to decide any matter, unless a different vote is specified by law or by these Bylaws. (h) Committees The Board may create one or more committees and fix the number of Board members to serve on them. Each committee may have one or more members, who serve at the pleasure of the Board. Committees may have such powers and duties as may be designated by the Board, except that they may not fill vacancies on the Board or any of its committees; may not adopt, amend or repeal these Bylaws; and may not authorize or approve distribution of any of the funds of VEPGA, except according to formula or method previously prescribed by the Board. (i) Liability of Members In accordance with the JPA Agreement, the Board shall not create or incur any liability for the Members, jointly or severally, other than in the following instances, which shall be subject to annual appropriation: (i) the costs incurred by any Member for payments under contracts signed by the Chair or Vice-Chair on behalf of VEPGA as the Member's agent or (ii) the pro rata share of the budget or the membership fees or, if applicable, the fees for non-Core functions, imposed for a Member's participation in -7- VEPGA. contracts by any other Member. (j) Liability of Board meml VEPGA may provide officers, officers, and will also indemnify sucln associated with such insurance cover 8. Officers No Member shall be liable c r responsible for any payments owed under any (a) Number, Election, and As soon as practical after the Board members, the Board members Secretary/Treasurer. Each officer shall hold office f( duly elected and qualified, or until st officer shall perform the duties set fo other conditions as from time to time (b) Removal Any officer elected by the Boa Board. (c) Vacancies A vacancy in any office becau.. or otherwise may be filled by the Bo~ )ers and Officers .nd directors insurance for its Board members and officers and Board members for any deductibles tge. Fern2 rmual meeting of Members and the election of shall elect a Chair, Vice-Chair, and ~r one year and until such officer's successor is Lch officer's death, resignation, or removal. Each :th in these bylaws and shall comply with such may be required by the Board. may be removed, with or without cause, by the ;e of death, resignation, removal, disqualification trd for the unexpired portion of the term. (d) Chair The Chair shall direct the operations of V~'GA and shall perform all other duties incident to such office. (e) Vice-Chair The Vice-Chair shall have the Ipowers and duties incident to that office and shall have such other powers and duties a s may be prescribed from time to time by the Board. -8- (f) Secretary/Treasurer The Secretary/Treasurer shall be responsible for insuring the recordation of the minutes and for preparing and maintaining custody of the minutes of all meetings of the Members, the Board, and when required, of all standing committees. The Secretary/Treasurer shall also serve and give all notices of VEPGA and shall be responsible for responding to Freedom of Information Act requests. The Secretary/Treasurer shall be the custodian of the records and such other books, records, and papers as the Board may direct; authenticate the records of VEPGA; and perform such other duties as may be incident to such office or as prescribed by the Board. The Secretary/Treasurer shall see that regular and full accounts are maintained and that proper financial reports are made to the Board. The Secretary/Treasurer shall have such other powers and perform such other duties as are assigned to the Secretary/Treasurer by these Bylaws or as may be assigned to the Secretary/Treasurer by the Board or the Chair. The Board may require that the Secretary/Treasurer give bond to VEPGA, with sufficient sureties, conditioned on the faithful performance of the duties of the Secretary/Treasurer. 9. Contracts, Loans, Checks, and Deposits (a) Contracts Either the Chair or the Vice Chair may execute contracts on behalf of and in the name of VEPGA. The Board may authorize any other officer or officers, agent or agents to enter into any contract or execute any instrument in the name of and on behalf of VEPGA, and such authority may be general or confined to specific instances. (b) Loans No loans shall be contracted on behalf of VEPGA and no evidence of indebtedness shall be issued in its name unless authorized by the Board. (c) Checks, Drafts, etc. All checks, drafts, bills of exchange and other negotiable instruments (except promissory notes) of VEPGA connected therewith shall be signed by the Chair, Vice- Chair, the Secretary/Treasurer, or by such other officer or agent of VEPGA as may be authorized so to do by the Board. -9- (d) Deposits and Investmer All funds of VEPGA not other~ time in such banks or other depositor under state law. 10. Termination of Association In accordance with the JPA Ag upon the concurrence of all Members In the event of termination of ~ after providing for all outstanding ob time of such termination through afc 11. Notices Unless otherwise provided for consents and other communications been given when delivered in persox to the principal Designated Represen by the Secretary/Treasurer. In addit5 method to inform Members of VEPG proposals, contract awards, and othe: 12. Amendments These Bylaws may be amende the Board or two-thirds of the Memb consistent with the JPA Agreement a from VEPGA prior to the effective df prior to the adoption of amended BY Bylaws available to Members. ¸ts vise employed shall be deposited from time to :es as the Board may select or invested as allowed reement, VEPGA may be terminated at any time at the time of such termination. rEPGA, the remaining funds available to VEPGA, [igations, shall be distributed to Members at the rmula determined by the Board. in these Bylaws, any notices, approvals, requests, equired by these Bylaws shall be deemed to have by fax, by E-mail or by first class mail, addressed ative of a Member on the Member List maintained ~n, the Board may utilize a website or similar ~_ meetings, Board nominations, requests for matters of interest to Members. at any time 'by the concurrence of two-thirds of ers as long as (a) such amended Bylaws are nd (b) Members shall have the right to withdraw .te of such amendment. The Board, at least 30 days .aws, shall make a copy of such proposed amended #560876.7 -10- VEPGA Frequently Asked Questions About VEPGA (1 to 4) Joining VEPGA (5 to 7) Fees for Participating in VEPGA (8 to 9) Conduct of VEPGA Business (10 to 14) Procurement by VEPGA (15 to 24) Evaluation of Joint Procurement for Competitive Electricity Purchases (25 to 32) Quality of Service Offered by Competitive Electricity Suppliers (33 and 34) Virginia Power's Role (35 and 36) Additional Questions (37) About VEPGA 1. What is VEPGA? VEPGA is the Virginia Energy Purchasing Governmental Association. VEPGA is forming March 1, 2002 utilizing a Joint Powers Association Agreement ("JPA Agreement") as provided by Virginia statute. VEPGA will, on behalf of its members, negotiate for power generation. VEPGA will also take over the functions historically provided by the VML/VACo Virginia Power Steering Committee, which will include oversight of the current agreement with Dominion Virginia Power, future negotiations with Dominion Virginia Power for distribution rates and terms and conditions of service, monitoring of legislative and regulatory developments and other energy related functions as outlined in VEPGA's Bylaws. 2. Who are VEPGA Members? Members are the governmental entities that approve the JPA Agreement by ordinance or resolution. Their authorized representatives will sign the JPA Agreement on their behalf. 3. Who makes decisions on behalf of VEPGA? VEPGA is governed by its Board, which is assisted by the advice of consultants and legal counsel and the officers of VEPGA, who are Paul Proto from Hendco County, Steve Sinclair from Fairfax County, and Steve Craig from the Virginia Municipal League. The Board, with the advice and consultation of its consultants and legal counsel, is responsible for procuring bids for electric generation supply, evaluating such bids, and approving the award of the contract(s) based on such bids. 4. Why should our entity join VEPGA2 First, should deregulation resUlt in the opportunity for savings, large volume consumers are likely to realize the greatest benefit. Simply put, there is strength in numbers. The combined annual usage of public entities in llhe Dominion Virginia Power territory exceeds 3.7 billion kilowatt-hours. Second, as electric deregulation evolves, loCal governments will be obligated to competitively procure electric generation. This type of procurement requires specialized expertise that few local governments have ilYhouse. Should your locality not have this expertise in-house, you will have to contract with a vendor to provide such expertise. If you consider that cost compared with your grEPGA assessment, you will likely find it is much more economical to participate in VEPGA. Joining VEPGA 5. Must a local government approve the JPA Agreement by ordinance/resolution? Yes. Since the JPA Agreement is being undertaken pursuant to the Joint Powers Act, the JPA Agreement must be approved by ordiaance by counties, cities and towns and by resolution by other political si~bdivisions. Even if the assessment for one separate governmental unit is included within the assessment for another separate governmental unit (for example, a county's assessment pa3~aent covers both county buildings and school board buildings), both governmental units must approve by ordinance or resolution participation in VEPGA. 6. Must a local government find that cOmpetitive se~ed bidding and competitive negotiation are not fiscally advantageous to the public? '7. Yes, in order to take advantage of the exemption from competitive sealed bidding/competitive negotiation afforded bY Section 2.2-4345.A. 13 of the Public Procurement Act. This finding is included in the sample JPA resolution/ordinance included with the JPA materials. Can staff of a locality sign the JPA Agreement without the approval of its board? No. The JPA Agreement must be approved by an ordinance adopted by counties, cities and towns and by a resolution adopted by 0tlher political subdivisions. Fees for Participating in VEPGA o What are the fees for participating in VEPGA? The assessment represents your entity's pr~_-rata share of the total assessment based on your pro-rata kilowatt-hour usage compared to total usage subject to a $25 minimum. 9. How is the total assessment determined? A work plan and budget based on the expected activity of the Association for the 12-month period beginning July 1st is developed annually The budget for 2002-03 is $350,000. By way of comparison, local governments in the Dominion Virginia Power territory spend in excess of $230 million annually for electric power. Conduct of VEPGA Business 10. How were the initial VEPGA Board members selected? Initial board members were selected from among local governments that actively participate in the VML/VACo Virginia Power Steering Committee process. School districts represent approximately one-third of the total usage of local governments served by Virginia Power, and approximately one-third of the initial board members serve as representatives of school districts. The board members will serve staggered terms as shown on Schedule A of the JPA Agreement. As their terms expire, the Members will re- elect these board members or choose new Board members to serve three-year terms. 11. Why is the maximum size of the VEPGA Board limited to fifteen? The maximum size of the VEPGA Board is limited to fifteen solely for ease of administration. A larger board (such as one composed of representatives from all VEPGA members) would require a larger quorum and make it more difficult for the board to conduct business. Although formal votes by the VEPGA Board will be limited to VEPGA Board members present at a meeting in which a quorum is present, representatives of all VEPGA members are encouraged to attend board meetings and participate in the discussion of issues being considered by the VEPGA Board. 12. What costs are VEPGA members responsible for? VEPGA members are responsible for an annual assessment based upon annual energy consumption and for fees associated with any optional VEPGA activities that VEPGA members may choose to participate in. VEPGA members are also responsible for payments due under any contract with a competitive service provider to service that member's accounts. 13. Can VEPGA expand its authority on its own? The JPA Agreement and the JPA bylaws establish the authority of VEPGA. Any revision of the JPA Agreement would require the agreement of all Members. A two-thirds vote of the entire Board or a two-thirds vote of all the Members may amend the JPA Bylaws. 14. What is the planned scope of duties and responsibilities of VEPGA members? Once VEPGA members have executed the JPA Agreement, their ongoing obligations will be the payment of annual assessments and the election of the Board at annual meetings. Procurement by VEPGA 15. 16. 17. 18. 19. ¸20. 21. 22. Will joint procurement be undertaken pursuant to competitive sealed bidding/competitive negotiation requirements of Public Procurement ACt? It is expected that the joint p~ sealed bidding/competitive n pursuant to the exemption afl JPA Agreement establishes a pursuant to such exemption. Will competitive principles be empl( ocurement process will be exempt from the competitive ~gotiation reqmrements of the Public Procurement Act brded by Section 2.2-4345.A. 13 of the Procurement Act. The membership association to conduct the joint procurement ,yed in the procurement? Yes. Competitive principles by Section 2.2-4345.A. 13 of authorized by the VEPGA B°ard will be based on competitive principles. / On what basis will the winning supplier(s) be selected? / are required to be utilized pursuant to the exemption afforded [he Procurement Act, and the procurement process to be .ed on their qualifications and the price savings they offer, as ~'ction 2 of the JPA bylaws. tracts on behalf of its Members? :l the Bylaws permit the Chair or Vice Chair of VEPGA to A member one or more contracts for electricity generation Suppliers will be selected ba,, described in more detail in S, Is VEPGA authorized to execute cot Yes. The JPA Agreement an execute on behalf of a VEPG services. Who will be obligated to pay individ The same entity that pays the There will be no obligation o another VEPGA member. Is the payment obligation subject to Yes. What is the target date for submittin tal bills corresponding to each account? >ills now will 'be obligated to pay the bill in the future. behalf of one VEPGA member to pay the electric bills of mnual appropriation? JPA materials? March 1, 2002 is the target date for submitting to Virginia Municipal League a signed JPA Agreement and documentation that a resolution or ordinance has been adopted. Payment of the 2002-03 assessment is not due until August 1, 2002. When is the procurement process expected to commence? On or after April 1, 2002. 23. When are contracts for supply expected to be awarded? On or after May 1, 2002. 24. How do these dates correspond to the dates for energy deregulation in Virginia? Although one-third of local government accounts may purchase electricity competitively as of January 1, 2002, our assessment is that the number of suppliers participating in retail access at the beginning of 2002 will be limited. This limited number is based on the fact that the shopping credits the suppliers will have to beat has not yet been determined for jurisdictional customers, and the shopping credits for local governments will not be determined until 30 days after the jurisdictional shopping credits are determined. In addition, one competitive supplier that participated in the local government pilot program has informed us that the shopping credits for jurisdictional customers are too low for it to serve retail access load in Virginia in 2002. Accordingly, the timing of the procurement process for VEPGA is currently geared for serving the two-thirds of local government load that will be eligible for retail access on September 1, 2002, and, if market conditions warrant, the 100% of local government load that will be eligible for retail access on January 1, 2003. Evaluation of Joint Procurement for Competitive Electricity Purchases 25. 26. 27. Can a local government achieve similar results by purchasing electricity competitively on its own rather than joining VEPGA? It is possible, but unlikely, that a local government could achieve similar savings by purchasing electricity competitively on its own. Smaller unaggregated accounts are likely to get higher price bids due to increased transaction costs for competitive suppliers and due to the suppliers' inability to take advantage of potentially better load profiles offered by a larger aggregation of accounts. In addition, using joint procurement permits consultant's fees and legal fees to be spread out over a larger group. Having expertise in evaluating bids may be particularly helpful due to the currently volatile and evolving nature of the market for competitive electricity supply. Are savings guaranteed to VEPGA members? No. Savings depend upon whether competitive electricity suppliers can beat the shopping credit, which is based on the Virginia State Corporation Commission's estimate of what future market prices will be. The shopping credit is the amount not paid to Virginia Power when the supply is purchased from a competitive supplier. Participating in VEPGA should make it more feasible for local governments to realize any available savings that the competitive electricity market can offer. However, if actual market prices are higher than the shopping credit, then competitive electricity suppliers will not be able to offer savings. Is participation in VEPGA required? No. Local governments do not have to participate in VEPGA to procure electricity competitively. 23. When are contracts for supply expected to be awarded? On or after May 1, 2002. 24. How do these dates correspond to the dates for energy deregulation in Virginia? Although one-third of local government accounts may purchase electricity competitively as of January 1, 2002, our assessment is that the number of suppliers participating in retail access at the beginning of 2002 will be limited. This limited number is based on the fact that the shopping credits the suppliers will have to beat has not yet been determined for jurisdictional customers, and the shopping credits for local governments will not be determined until 30 days after the jurisdictional shopping credits are determined. In addition, one competitive supplier that participated in the local government pilot program has informed us that the shopping credits for jurisdictional customers are too low for it to serve retail access load in Virginia in 2002. Accordingly, the timing of the procurement process for VEPGA is currently geared for serving the two-thirds of local government load that will be eligible for retail access on September 1, 2002, and, if market conditions warrant, the 100% of local government load that will be eligible for retail access on January 1, 2003. Evaluation of Joint Procurement for Competitive Electricity Purchases 25. Can a local government achieve similar results by purchasing electricity competitively on its own rather than joining VEPGA? It is possible, but unlikely, that a local government could achieve similar savings by purchasing electricity competitively on its own. Smaller unaggregated accounts are likely to get higher price bids due to increased transaction costs for competitive suppliers and due to the suppliers' inability to take advantage of potentially better load profiles offered by a larger aggregation of accounts. In addition, using joint procurement permits consultant's fees and legal fees to be spread out over a larger group. Having expertise in evaluating bids may be particularly helpful due to the currently volatile and evolving nature of the market for competitive electricity supply. 26. Are savings guaranteed to VEPGA members? No. Savings depend upon whether competitive electricity suppliers can beat the shopping credit, which is based on the Virginia State Corporation Commission's estimate of what future market prices will be. The shopping credit is the amount not paid to Virginia Power when the supply is purchased from a competitive supplier. Participating in VEPGA should make it more feasible for local governments to realize any available savings that the competitive electricity market can offer. However, if actual market prices are higher than the shopping credit, then competitive electricity suppliers will not be able to offer savings. 27. Is participation in VEPGA required? No. Local governments do not have to participate in VEPGA to procure electricity competitively. 28. 29. School Boards Albemarle County Alexandria City Appomattox County Chesterfield County Fairfax County Fredericksburg City Henrico County Isle of Wight Loudoun County Norfolk City ' Powhatan County Prince Edward County Prince William County Rockingham County Shenandoah County Spotsylvania County Stafford County Virginia Beach City What is the amount of savings, if The amount of savings is nc are lower than the shopping from 3% to 33% with averal be paid to Virginia Power. Who participated in the local govern The 18 school boards, 5 age~ government pilot program ar A~encies Alexandria Sa nitation Fairfax Count ~ Water Norfolk Airp¢,rt Norfolk RDH Rivanna Wate~ & Sewer envisioned by participating in VEPGA? ~t known because it depends on whether actual market prices :redits. In the local government pilot program, savings ranged ;e savings exceeding 5% of the amount that would otherwise ment pilot program JPA? tcies, 8 cities, and 7 counties who joined the JPA for the local as follows: Cities Counties Alexandria Albemarle Chesapeake Arlington Fairfax Augusta Fredericksburg Chesterfield Hampton Fairfax Hopewell Henrico Richmond Loudoun Virginia Beach 30. Did everyone who joined the JPA participate in the pilot program? No. The pilot program w annualized basis. All pilot The pilot JPA participants savings and based on a split School Boards Alexandria City County of Chesterfield Fairfax County Isle of Wight County Prince Edward County Prince William County Shenandoah County Stafford County City of Virginia Beach A2encies Fairfax Co. ¥ Norfolk RDH~ ~s limited by Virginia Power to 117 million kWh on an PA members' accounts totaled approximately 1 billion kwh. hose accounts were awarded in the pilot (based on the most ,etween school and non-school accounts) were as follows: ater Auth. Cities Counties Alexandria Albemarle Fair fax Chesterfield Hampton Fairfax Richmond Henrico Virginia Beach Loudoun 31. Are all the entities listed in question 30 projected to realize savings based on the accounts they have participating in the pilot program? Yes. The projected savings range from 3% to 33%, with average savings exceeding 5%. 32. Will there be restrictions on the number of accounts that can purchase electricity competitively? On January 1, 2003, there will be no restrictions on the number of local government accounts that can purchase electricity competitively. During 2002, "retail access" will be phased in so that as of January 1, 2002, one-third of local government accounts may purchase electricity competitively, and as of September 1, 2002, two-thirds of local government accounts may purchase electricity competitively. Quality of Service Offered by Competitive Electricity Suppliers 33. Will the winning supplier(s) be required to guarantee power quality and reliability equal to or greater than existing guarantees from Virginia Power? Yes. 34. What is the risk with regard to reliability and quality of power being supplied by a non-Virginia Power supplier? The electricity will still be delivered through Virginia Power's transmission and distribution lines as well as its other distribution facilities, including the existing customer meter. Nothing will change with respect to the reliability of such transmission and distribution service, so there should not be any greater risk as to reliability and quality as a result of purchasing from a non-Virginia Power generation supplier. Virginia Power's Role 35. Does the electricity supply service agreement with Virginia Power, which is effective as of July 1, 2000, address retail access? Yes. In the agreement that was negotiated by the VML/VACo Virginia Power Steering Committee and finalized in July of 2001, to be effective as of July 1, 2000, Virginia Power has agreed to permit retail access on terms that are similar to the terms offered to its jurisdictional customers. Local governments have the right to remain on capped rate service through June 30, 2007, or (subject to a phase-in period over 2002), local governments may purchase electricity supply from competitive suppliers providers between 2002 and 2007. All accounts may freely go back and forth between capped rate service and retail access service, except for larger accounts with an annual peak demand of 500 kW or greater. If these larger accounts purchase from competitive suppliers and then decide to return to capped rate service, they will have to stay on Virginia Power's capped rate service for a minimum of one year before they can purchase from competitive suppliers again. 36. Will there be any risk that Virginia competitive service provider? Virginia Power will be oblig the returning customer had n of entering into a supply cc whether "the lights will stay contractual obligation to pJ procurement documentation proposer to honor its commil Additional Questions 37. Who can answer additional question ,Mr. P. Steven Craig Virginia Municipal League 15 E. Franklin Street (232191 P.O. Box 12164 (23241) Richmond, Virginia Phone: 804 643 0274 Fax: 804 343 3758 Email: SCraig('~_,vml.org Power will not service an account that has been dropped by a ated to supply a returning customer upon the same terms as if ot taken supply from a competitive service provider. The risk ntract with a non-Virginia Power supplier is not the risk of on," but, rather, whether the supplier will walk away from the ovide the electricity at the agreed upon price. The joint will include requirements related to the obligation of the ment as t.o price. about VEPGA? CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~ Date: February 13, 2002 Item Number: Subiect: Developer Water and Sewer Contracts County Administrator's Comments: 10.A. County Administrator: ~ Board Action Requested: The Board of Supervisors has authorized the County Administrator to execute water and/or sewer contracts between the County and the Developer where there are no County funds involved. The report is submitted to the Board members as information. Summary of Information: The following water and sewer contracts were executed by the County Administrator: Contract Number: Project Name: Developer: Contractor: Contract Amount: 97-0150 Friendship Memorial Baptist Church - Hicks Road Trustees, Friendship Memorial Baptist Church The Champion Group, Incorporated Water Improvements - $11,300.00 Wastewater Improvements - (Private) District: Clover Hill Preparer: ~~ Title: Director of Utilities Attachments: [-~ Yes No COOiOO Agenda Item February 13, 2002 Page 2 o Contract Number: Project Name: Developer: Contractor: Contract Amount: District: Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 00-0091 Bermuda Hundred Wastewater Pump Station Expansion Honeywell International Incorporated Suitt Construction Wastewater Improvements - Bermuda $41,250.00 01-0258 Jessup Farms, Section F Jessup Farms LC Excalibur Construction Corporation Water Improvements - Wastewater Improvements - Dale $34,150.00 $60,691.00 000101 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~ Date: February 13, 2002 Item Number: 10.B. Sub_iect: Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Fund, and Lease Purchases County Administrator's Comments: County Administrator: Board Action Rea. ue~ted: Summary of Information: Preparer: ~ane-B. ~l~,m~'ey / v Attachments: Y~s ~-~No Title: County Administrator BOARD MEETING DATE 07/01/01 11/14/01 11/14/01 1/14/01 11/14/01 11/14/01 11/14/01 11/14/01 11/14/01 11/14/01 & 12/19/01 11/14/01 8,: 12/19/01 11/14/01 & 12/19/01 11/14/01 & 12/19/01 11/14/01 & 12/19/01 CHESTERFIELD COUNTY GENERAL FUND BALANCE February 13, 2002 DESCRIPTION FY2002 Actual Beginning Fund Balance Designation for Health Center Commission Designate excess revenue (County) for non- recurring items in FY2003 Designate excess expenditures (County) for non- recurring items in FY2003 Designate excess revenue (Schools) for non- recurring items in FY2003 FY01 Results of Operations - Schools unspent General Fund Transfer FY01 Results of Operations - FY02 One cent tax rate decrease - Jan. - June (County) FY01 Results of Operations - FY02 One cent tax rate decrease - Jan. - June (Schools) FY01 Results of Operations - Schools - Bailey Bridge Middle School Design FY01 Results of Operations - Fire FY01 Results of Operations - Police FY01 Results of Operations - Libraries FY01 Results of Operations - Environmental Management Program FY01 Results of Operations - CSA Shortfall AMOUNT (1,500,o00) (2,636,670) (9,441) (6,088,836) (1,232) (242,285) (546,715) (250,000) (626,100) (500,000) (90,600) (300,000) (286,635) BALANCE $48,351,214 $46,851,214 $44,214,544 $44,205,103 $38,116,267 $38,115,035 $37,872,750 $37,326,035 $37,076,035 $36,449,935 $35,949,935 $35,859,335 $35,559,335 $35,272,700 oo -od Board Meeting Date CHESTERFIELD COUNTY RESERVE FOR FUTURE CAPITAL PROJECTS TRADITIONALLY FUNDED BY DEBT February 13, 2002 Description Amount Balance FOR FISCAL YEAR 2001 BEGINNING JULY 1, 2000 04/12/2000 FY01 Budgeted Addition 04/12/2000 FY01 Capital Projects 3/06/01 Return unused funds; closure of Wide Area Network Project 04/04/01 Transfer to Juvenile and Domestic Relations Courthouse Project 04/25/01 Testing of Comprehensive Plan 8,400,000 (6,939,600) 561 (325,000) (360,000) 8,812,051 1,872,45 l 1,873,012 1,548,012 1,188,012 FOR FISCAL YEAR 2002 BEGINNING JULY 1, 2001 04/04/2001 FY02 Budgeted Addition 04/04/2001 FY02 Capital Projects 07/25/2001 County's Master Plan Update 09/26/2001 Video equipment for Circuit and General District Courts 10/24/2001 360 West Corridor Plan 11/14/2001 Building Improvements (County Administration) 11/14/2001 Security Enhancements (MH/MR and County Administration) 8,800,000 (7,579,7O0) (85,000) (90,000) (70,000) (17o,ooo) (lO7,00o) 9,988,012 2,408,312 2,323,312 2,233,312 2,163,312 1,993,312 1,886,312 O00 LO O0 O0 O0 O0 O0 ~ 000~05 Prepared by Accounting Department January 31, 2002 SCHEDULE OF CAPITALIZED LEASE PURCHASES Date Began 04/99 06/99 1/01 03/01 04/01 11/00 09/01 APPROVED AND EXECUTED Description Public Facility Lease - Juvenile Courts Project School Copier Lease #1 - Manchester High School Certificates of Participation/ Building Construction, Expansion and Renovation; Acquisition/Installation of Systems Telephone System Upgrade School Copier Lease #2 - Manchester High School School Copier Lease #3 - Chester Middle School School Server Lease TOTAL APPROVED AND EXECUTED Original Amount $16,100,000 43,587 13,725,000 1,222,411 20,268 20,268 278,372 $31.409.906 Date Ends ll/19 05/04 11/21 03/05 03/06 09/05 07/05 Outstanding Balance 01/31/02 $14,490,000 22,507 13,725,000 585,350 17,519 15,763 216,106 $29,072,245 PENDING EXECUTION Description None Approved Amount oooa. o$ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: February 13, 2002 Item Number: [0.c. Subject: CLOSED SESSION County Administrator's Comments: County Administrator: Board Action Requested: Motion for a Closed Session pursuant to §2.2-3711.A.5. Summary of Information: Closed session pursuant to § 2.2-3711.A.5., Code of Virginia, 1950, as amended, for discussion concerning a prospective business in the County where no previous announcement has been made of the business' interest in locating in the County. Preparer: Steven L. Micas Tklc: County Attorney 0623: 56298.1 Attachments: -] Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 1 Meetin[I Date: Februa~ 13, 2002 Item Number: 14.A. Subiect: Resolution Recognizing Ms. Mary Beth New, Former Member, Chesterfield Community Services Board for Dedicated Service County Administrator's Comments: County Administrator: Board Action Requested: That the Board adopt the attached Resolution of Recognition. Summary of Information: The Chesterfield Community Services Board is designated as an Administrative/Policy Board responsible for the provision of public mental health, mental retardation and substance abuse services. Ms. Mary Beth New, resident of Clover Hill District represented the County At Large with dedicated commitment for one 3-year term of appointment, ending December 31, 2001. Attach ments: Yes ~ No Executive Director MH/MR/SA Department # 000107 RECOGNIZING MS. MARY BETH NEW FOR HER SERVICE TO THE CHESTERFIELD COMMUNITY SERVICES BOARD WHEREAS, Ms. Mary Beth New, resident of Clover Hill District has served as a dedicated and faithful member of the Chesterfield Community Services Board since her appointment by the Board of Supervisors in January 1999; and WHEREAS, Ms. New, during her three year term as an at large member of the Chesterfield Community Services Board, has served with distinction as a member and chairperson of the CSB Policy Committee, the CSB Research Committee, as well as the elected office of CSB Secretary and as a member of the CSB Executive Committee; and WHEREAS, Ms. New has been recognized for her multiple community volunteer efforts as well as being honored by the Daughters of the American Revolution as a recipient of the DAR Citizenship Award; and WHEREAS, Ms. New, on behalf of the Chesterfield Community Services Board, has been an active participant in state conferences of the Virginia Association of Community Services Boards and is recognized as an articulate advocate for quality behavioral health care; and WHEREAS, Ms. New is acknowledged locally and throughout the Commonwealth as a dedicated medical professional who exhibits genuine concern for persons with mental or physical disabilities, and whose guidance has been a valuable resource during her term of appointment. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Ms. Mary Beth New and expresses sincere appreciation for her dedicated commitment and significant contributions in the provision of quality mental health, mental retardation and substance abuse services to the citizens of Chesterfield County. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Ms. New and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. O00 .OS CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: February 13, 2002 Item Number: 14.B. Su~ect; Resolution Recognizing February 2002 as '~ational Children's Dental Health Month"in Chesterfield County Coun~ Administr~or's Comments: County Administrator: Board Action Requested: Adoption of attached resolution. Summary of Informatiorl; Mrs. Humphrey has requested that the Board of Supervisors recognize February 2002 as "National Children's Dental Health Month". Dr. Samuel W. Galston, Ms Jo Anne Wells, R.D.H, and Dr. Frank Farrington will be present to receive the resolution. Preparer: ~ ~'(~_ ~ Title: Lisa H. Elko Attachments: Yes ~-] No Clerk to the Board #000 .09 RECOGNIZING FEBRUARY 2002, AS "NATIONAL CHILDREN'S DENTAL HEALTH MONTH" IN CHESTERFIELD COUNTY WHEREAS, the Seventh Annual Dental Health Extravaganza will be held at Southpark Mall on February 23, 2002; and WHEREAS, through the joint efforts of the Virginia Department of Health, Division of Dentistry, the Southside Dental Society, the Alliance of the Southside Dental Society, the Medical College of Virginia School of Dentistry, local dentists who volunteer their time, and the School Districts of Chesterfield, Colonial Heights, Dinwiddie, Hopewell, Petersburg, Prince George and Sussex, this program was established to foster the improvement of children's dental health; and WHEREAS, the Extravaganza includes presentations of awards to local students who participated in the essay contest entitled "Don't Let Your Smile Become Extinct"; and WHEREAS, literature is provided to families educating them on the importance of visiting their dentist regularly, brushing and flossing each day, eating nutritious foods, inquiring about dental sealants and wearing mouth guards; and WHEREAS, the Medical College of Virginia will have a mobile oral health screening van on site for free dental screenings, displays and entertainment will be provided stressing the importance of dental health in children, and a toothbrush exchange will be available. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes February 2002, as "National Children's Dental Health Month" in the County of Chesterfield, encourages all parents to participate to ensure the best dental care possible for their children, commends those organizations responsible for their proactive approach to dental health and also commends Dr. Samuel W. Galstan, JoAnne Wells R.D.H., and Dr. Frank Farrington for their continued efforts in this activity. O00X:I.O CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: February 13, 2002 Item Number: 14.c. Sub_iect: Resolution Recognizing Miss Meredith Eileen Redinbaugh Upon Attaining the Gold Award Count_v Administrator's Comments: County Administrator: Board Action Re~.uested: Adoption of the attached resolution Summary_ of Information: Staff has received a request for the Board to adopt the attached resolution recognizinw Miss Meredith Eileen Redinbaugh, Troop 126, sponsored by Saint Luke's Lutheran Church upon attaining the Gold Award. Resides in: Midlothian District Preparer: ~ .... >~.~ Dc._ Lisa Elko Title: Clerk to the Bo~r~ Attachments: Yes No # O001~ii RECOGNIZING MISS MEREDITH EILEEN REDINBAUGH 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 Award can only be earned by girls aged 14-17 or in grades 9-12 and is received by less than six percent of those individuals entering the Girl Scouting movement; and WHEREAS, Miss Meredith Eileen Redinbaugh, Troop 126, sponsored by Saint Luke's Lutheran Church, has accomplished these high standards and has been honored with the Girl Scouts 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 Country, 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 Eileen Redinbaugh on her attainment of the Gold Award 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 AGENDA Page I of I Meetin~l Date: February/13, 2002 Item Number: 14.D.'I. Subject: Resolution Recognizing Megan Bergthold County Administrator's Comments: County Administrator: Board Action Requested: Mr. Barber requested that the following resolution be adopted. Summary of Information: This resolution is in recognition of Megan Bergthold, whose academic achievements and dedication to community service earned her the prestigious title of Chesterfield's Junior Miss 2002. Preparer:,/,/'~o~]d J. Kap~] / "" (/' Director, Public Affairs Attachments: Yes ~ No 00013.3 RECOGNIZING MS. MEGAN BERGTHOLD AS CHESTERFIELD'S JUNIOR MISS 2002 WHEREAS, the Junior Miss Scholarship Program provides college scholarships to outstanding young women; and WHEREAS, while in high school, these young women must have excelled in academics; been active in extracurricular activities that serve the community; strived to be physically fit; and must have developed a performing talent; and WHEREAS, Midlothian/Chesterfield's Junior Miss Scholarship Program was held in September 2001, with 16 contestants representing the five area high schools in northern Chesterfield County; and WHEREAS, Ms. Megan Bergthold has been named Chesterfield's Junior Miss 2002; and WHEREAS, Ms. Bergthold is a senior at James River High School and is also her class Salutatorian and Homecoming Queen 2001; and WHEREAS, among her many accomplishments, Ms. Bergthold has been a Junior Varsity and Varsity cheerleader; is a member of the National Honor Society, National Beta Club, Spanish Honor Society and the Principal's Leadership Advisory Council; and is listed in Who's Who Among American High School Students; and WHEREAS, Ms. Bergthold has been a foreign exchange student in Guadalajara and Mexico City, Mexico and also served as a "People to People" Student Ambassador to England, Ireland, Scotland and Wales; and WHEREAS, Ms. Bergthold has volunteered to assist the Angel Tree Christmas Project, the Christmas Mother Project, her church and Sunday School, and Bingo for the elderly at Manor House; and WHEREAS, Ms. Bergthold was the Scholastic Winner and Interview Winner, and received $1,400 in scholarships. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the achievements of Ms. Megan Bergthold, wishes her continued success in her academic pursuits, and is proud to have her represent Chesterfield County schools as she continues with her higher education. O60114 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: February 13, 2002 Subject: Resolution Recognizing Meredith Dillard County Administrator's Comments: Item Number: 14.D. 2. County Administrator: Board Action Requested: Mr. Barber requested that the following resolution be adopted. Summary of Information: This resolution is in recognition of Meredith Dillard, whose academic achievements and dedication to community service earned her the prestigious title of Midlothian's Junior Miss 2002. Preparer: j~~-~~~)~''~~~e: ~ Donald J. Kappe,~/,," [ ~' ~' . Director, Public Affairs Attachments: Yes ~ No 000115 RECOGNIZING MS. MEREDITH DILLARD AS MIDLOTHIAN'S JUNIOR MISS 2002 WHEREAS, the Junior Miss Scholarship Program provides college scholarships to outstanding young women; and WHEREAS, while in high school, these young women must have excelled in academics; been active in extracurricular activities that serve the community; strived to be physically fit and must have developed a performing talent; and WHEREAS, Midlothian/Chesterfield's Junior Miss Scholarship Program was held in September 2001, with 16 contestants representing the five area high schools in northern Chesterfield County; and WHEREAS, Ms. Meredith Dillard has been named Midlothian's Junior Miss 2002; and WHEREAS, Ms. Dillard is a senior at Monacan High School; and WHEREAS, Ms. Dillard was the winner in the Talent and Poise categories and won $1,400 in scholarships; and WHEREAS, among her many accomplishments, Ms. Dillard is a member of the National Honor Society, the National Beta Club, the International Thesbian Society, the ~'Center Stage" Show Choir, the National Forensics League, and has appeared in numerous theatrical performances; and WHEREAS, Ms. Dillard has volunteered to assist the Hospitality House of MCV, Habitat for Humanity, Freedom House and CARITAS, and has participated in church mission trips and the "Voices of Youth" singing missionary team's trip to Mexico; and WHEREAS, Ms. Dillard Chesterfield County youth. is an outstanding representative of NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the achievements of Ms. Meredith Dillard, wishes her continued success in her academic pursuits, and is proud to have her represent Chesterfield County schools as she continues with her higher education. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~ Date: Februar~ 13, 2002 Item Number: [4.~,. Subject: Resolution Recognizing Mr. Eddie Heussler for Mis Heroic Efforts County Administrator's Comments: County Administrator: Board Action Requested: Adoption of attached resolution. Summary of Information: The Board is requested to adopt the attached resolution recognizing Mr. Eddie Heussler for his heroic efforts in unselfishly attempting the rescue of a County citizen from a burning building. Preparer: ~~ ~, ~~.~ S{ephen A. Elswick Title: Chief of Fire and Emergency Medical Services Attachments: Yes ~ No O00ii7 J RECOGNIZING MR. EDDIE HEUSSLER FOR HIS HEROIC EFFORTS WHEREAS, on January 22, 2002, a residential fire occurred on Woodward Drive in the Clover Hill District; and WHEREAS, two women and a child were in the home when the fire erupted; and WHEREAS, one of the women and the child were able to escape, leaving one person trapped in the blaze; and WHEREAS, Mr. Eddie Heussler was delivering parcels neighborhood for the Federal Express Corporation; and in the WHEREAS, Mr. Heussler noticed the fire and, disregarding his own personal safety, responded to the cries for help from the two people who had escaped the fire, and entered the burning structure; and WHEREAS, as flames encircled him, Mr. Heussler attempted to drag the remaining occupant of the house to safety until the heat and flames made it impossible for him to remain in the building; and WHEREAS, in the course of this heroic attempt to save the life of someone he did not even know, Mr. Heussler was critically burned; and WHEREAS, such extraordinary heroism recognition and appreciation. is deserving of public NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mr. Eddie Heussler for his conspicuous and selfless courage, extends to him and to his family sincere best wishes for his recovery, and expresses appreciation for his gallant and dedicated service to others in need, which is a source of inspiration to all. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~ Date: February 13 Sub!ect: Recognizing Douglas M. Richardson, Sponsored by St. John's Episcopal Church, Upon Attaining Rank of Eagle Scout Count_v Administrator's Comments: County Administrator: Board Action Reauested; Adoption of attached resolution. Summary_ of Inform~ltion: Staff has received a request for the Board to adopt a resolution recognizing Mr. Richardson, Troop 819, upon attaining rank of Eagle Scout. He will be present at the meeting, accompanied by members of his family, to accept the resolution. Dal~ Di$~riQt Douglas M. Richardson Parent: Pattie Richardson PreDarer: ~c~~ Lisa H. Elko Attachments: Ycs Title: No Clerk to the Board RECOGNIZING MR. DOUGLAS M. RICHARDSON UPON ATTAINING THE RANK OF EAGLE SCOUT WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Douglas M. Richardson, Troop 819, sponsored by Saint John's Episcopal Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Douglas has distinguished himself as 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. Douglas M. Richardson on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. O0ol o CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: Februa~ 13, 2002 Item Number: 14.G. Subject: Resolution Recognizing the Shrine of North America County Administrator's Comments: County Administrator: Board Action Requested: Mr. Miller requested that the following resolution be adopted. Summary of Information: This resolution is in recognition of the Shrine of Worth America's commitment to educating the public regarding fire safety and the Shrine's dedication, and compassion in its efforts to treat and rehabilitate children with burn injuries. Preparer: /Donald J. Ka~ Title: Director, Public Affairs Attachments: Yes ~ No RECOGNIZING THE SHRINE OF NORTH AMERICA FOR ITS BURN PREVENTION EFFORTS WHEREAS, severe burn injuries are a leading cause of death and injury, especially among young children; and WHEREAS, each year, more than two million people incur burn injuries; and WHEREAS, one of every three burn victims is a child; and WHEREAS, the Shrine of North America operates four hospitals that provide free medical care to severely burned children; and WHEREAS, the Shrine of North America is also committed to educating the public about fire safety and ways to prevent burns; and WHEREAS, approximately 75 percent of burn injuries are preventable; and WHEREAS, the Shriners Hospitals have been instrumental in having many localities across the nation observe "Burn Awareness Week" each year, including the period February 3-9 of this year; and WHEREAS, such public education campaigns may help to reduce needless injury from burns; and WHEREAS, it is appropriate to recognize the dedication of the Shrine of North America and its efforts to prevent and treat burn injuries. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the Shrine of North America, expresses appreciation for its tireless efforts to prevent burn injuries and its efforts to treat children with burn injuries, and wishes the Shriners Hospitals continued success as they restore health and improve quality of life for those afflicted with burn injuries. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: February 13, 2002 Item Number: 14.H. Subject: Resolution Proclaiming March 1, 2002 as "Read Across America Day" County Administrator's Comments: County Administrator: Board Action Requested: Mr. Barber requested that the following resolution be adopted. Summary of Information: This resolution is to proclaim March 1, 2002, "Read Across America Day" in Chesterfield County in recognition of citizens' efforts and dedication to inspire young people in the joys of reading. Preparer',~~,.~~ ~Dona]dJ. Ka~! ~ ) /? Director, Public Affairs Attachments: Yes ~ No RECOGNIZING MARCH 1, 2002, AS ~'READ ACROSS AMERICA DAY" WHEREAS, Chesterfield County is committed to our young citizens, whose boundless potential for positive contribution, education, development and social growth are vital to our progress; and WHEREAS, it is widely recognized that learning to read is one of the keys to success for the youth of our county, and WHEREAS, the National Education Association has conducted an annual ~Read Across America" campaign since 1998; and WHEREAS, this celebration takes place on or around March 2, the birthday of the late children's author Theodor Geisel, better known as "Dr. Seuss"; and WHEREAS, the "Dr. Seuss" books have helped to teach generations of young Americans to love books; and WHEREAS, the Chesterfield County Board of Supervisors encourages parents, teachers, librarians and others to foster a love of reading in all young people. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes March 1, 2002, as "Read Across America Day" in Chesterfield County, and expresses it's appreciation of all Chesterfield County citizens who are instrumental in instilling in our youth a love for reading, which will endure throughout their lives and enrich them and their communities. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~l Date: Februa~ 13, 2002 Item Number: 15. Subject: Citizen Request To Address The Board Under "Hearings Of Citizens On Unscheduled Matters" County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information' Mr. Donald Wilms has requested the opportunity to speak concerning the issue of the advertisement of the property tax rate at the current rate of $1.08. Preparer: Steven L. Micas Titlelcounty Attorney 0822:56206.1 Attachments' Yes ~] No O001~L/ 746.0278 ~ F~x (804) 745-1301 CEA/V~ Lis~ Elko Cl~,k of~ ~ Cha~aHieid Couat7 Bom'd of Supervisors Chestm'field, Virginia I hereby request to speak at the February 13, 7:00 P.M., Board of Supervisors Public Meeting. I will adflm, tl~ issue of the ~lv~ent of the property tax rate, urging the Board of Supervisom to ~lverti~ at tl~ cunx'~ rate of$1.0g. Donnld Wilms President, ~eld Education Association Po~t-lt'__ Fax Note 7671 [Da~ ,,/. (,. 0.,~ ipages- / ~' ~' E.~.~. 000124 FEB-06-2002 ~:2B 99Z P,01 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meeting Date: February 13, 2002 Item Number: 16.A. Subiect: Public Hearing to Consider the Conveyance of a Lease of Real Property at the Chalkley Elementary School Athletic Complex for the Operation of a Food Concession by a Co-sponsored Athletic Association or League County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to approve the conveyance of a lease of real property for operation of a food concession at the Chalkley Elementary School Athletic Complex. Summary of Information: Construction of a new restroom/concession building has been completed at the Chalkley Athletic Complex, and the Chalkley Athletic Association has expressed interest in operating this concession facility. In the past, similar concession facilities have been operated by co- sponsored athletic associations or leagues that use the adjoining ballfields. The term of those leases is from January 1, 2001 - December 31, 2003. The lease for the Chalkley site is for a two-year period to coincide with those terms. Preparer: ~.__..~__~_~~ Michael S. Golden Title: Director, Parks and Recreation Attachments: -~ Yes No 000125 An Affiliate of Media Genera) Advertising Affidavit (This is not a bill P~ease pay from invoice) P, O. Box 85333 Richmond, Virgi nia 232934)001 (804) 649-6000 Account N um__2_j (~ 2/06/2007 Date Code Description Ad Size Total Cost TAKF, NOTICF,TAKF, NOTICF, THAT THF, F/OARD C) 2 00 x 20.00 ATTACH iMedia General Operations, inc. Publisher of THE RICHiVlON D TIMIES-D~SPATCH This is to certify that the attached TAKE N©TICETAKF, N©TI'C[ was published by Richmond Newspapers, inc. in the City of Richmond, State of Virginia, on the following dates: 02/06/2002 The first insertion being given. HERE Sworn to and subscribed before SuperviSor State of Virginia City of Richmond My commission expires THIS IS NOT ABILL pLEASE PAY FRO~ iNvoice. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: February 13, 2002 Item Number: 16.B. Subject: Public Hearing to Consider Readoption of an Ordinance Extending the Application Deadline for the County's Land Use Taxation Program County Administrator's Comments: County Administrator: Board Action Requested: Readopt the attached ordinance Summary of Information: The Board adopted the attached ordinance without a public hearing on an emergency basis on January 23, 2002. In order to validate the ordinance, state law requires that the ordinance now be adopted after a public hearing. By way of background, the County's Land Use Taxation Program ("Program") provides reduced real estate taxes for qualified property owners pursuant to state law. November 1st of each year is the initial deadline for a property owner to file an application to participate in the Program for the following tax year. On October 24, 2001, the Board of Supervisors extended that deadline an additional sixty days to year's end upon the property owner's payment of a $25 late fee. However, sometimes a Program participant makes changes to his real property between November 1st and December 31st, such as changing the acreage, that requires a new application to be filed. It had been the policy of the Assessor's Office to send a letter to such Program participants that allowed them 10 days to file a new application to remain in the Program. The Assessor's Office ceased that policy upon the Board's October amendment allowing an extension to the end of the tax year. /Paul D. Patten - 922(00) (23) :56155.2(55875.1) Attachments: Yes [ I No # 000~.26 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meetin~l Date: February Z3, 2002 Item Number: Page 2 of 2 Even with this extension, however, some Program participants cannot meet the deadline when they make property changes on the last few days of the tax year. For example, the Assessor's Office recently became aware of a participant who recorded a deed on December 28, 2001 changing his property acreage who did not have a reasonable opportunity to file a new application. In addition, four other participants missed the deadline for other reasons. Program participants who fail to meet the deadline are dropped from the Program and must pay full market-value taxes on their property for the next tax year even if the property otherwise meets the Program requirements. The attached ordinance extends the deadline to file an application until thirty days after the County mails notices of real estate assessments. This year, the mailing occurred on January 21st, thereby extending the deadline to February 20th. The applicant would need to pay an extension fee of $25 which would be in addition to the already enacted late fee of $25. Staff recommends that the Board readopt the attached ordinance. 0001;~7 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTION 9-18 RELATING TO LAND USE TAXATION APPLICATIONS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: That Section 9-18 of the Code of the Coun_ty of Chester_field, 1997, as amended, is amended and re-enacted to read as follows: Sec. 9-18. Applications--Required. (a) The owner of any real estate meeting the criteria set forth in Code of Virginia, §§ 58.1-3230 and 58.1-3233(2), may, at least 60 days preceding the tax year for which such taxation is sought, apply to the county assessor for the classification, assessment and taxation of such property for the next succeeding tax year on the basis of its use, under the procedures set forth in Code of Virginia, § 58.1-3236, provided that in any year in which a general reassessment is being made the property owner may submit such application until the later of 30 days have elapsed after his notice of increase in assessment is mailed in accordance with the Code of Virginia, § 58.1-3330, or 60 days preceding the tax year. The application shall be on forms provided by the state department of taxation and supplied by the county assessor and shall include such additional schedules, photographs and drawings as may be required by the county assessor. An application fee of $10.00 shall accompany each application. In addition, an application may be filed within no more than sixty days after the filing deadline specified herein upon payment of a late filing fee of $25.00. Further, an application may be filed not later than thirty days after notices of assessments are mailed upon payment ora further extension fee of $25.00. (b) A separate application shall be filed for each parcel on the land book. ooo (2) That this ordinance shall become effective immediately upon adoption. 1923:55875.1 1/10/02 10:20 AM ooo:l.;e8 An Affiliate of Media General Advertising Affidavit (This is not a bill Please pay from invoice) P, O. Box 85333 Richmond, Virginia 23293-0001 (804) 649-6000 Account Num, ] 02/06/~ IDate Code Description Ad Size Total Cost 2.1 TAKE NOTIf;ETAKE NOTIC, F, THAT THE 'ROARF~ O 2 00 x 21 00 ATTACH HERE Media General Operations, Publisher of THE RICHMOND TiMES-DISPATCH This is to certify that the attached TA-KF N()T-fC, ETAKE N©T'IC~ was published by Richmond Newspapers, [nc, in the City of Richmond, State of Virginia, on the following dates: 01/30/2002 02/06/2002 The first insertion being given .... Sworn to and subscribed before Notary punic SuperViSOr state of Virginia My CommiSsion expires _~_~ 'c¢5~ ~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: Februar}/13, 2002 Item Number: [6.c. Subiect: Public Hearing Regarding Revisions to the Zoning Ordinance Site Plan Review Processes and Associated Appeals Processes County Administrator's Comments: County Administrator: Board Action Requested: The Planning Commission and staff recommend the Board of Supervisors adopt the recommended revisions to the Zoning Ordinance Site Plan Review Processes and Associated Appeals Processes. Summary of Information: The primary changes proposed are: o 3. 4. 5. Modify site plan review and appeal processes to meet State Code for the length of time that a final decision must be rendered on the review of a site plan. Provide an appeal process for the minor site plan process. Establish a list of issues for an approved site plan which can be appealed to the Planning Commission. Define who is an aggrieved property owner who can appeal an approved site plan to the Planning Commission. Require certain adjusted site plans to be reviewed and approved by the Planning Commission. Preparer: These changes were discussed with the development community at the December quarterly development meeting and received a favorable response. The Planning Commission at their December public hearing recommended approval to the attached amendments to the site plan section of the Zoning Ordinance. A more complete explanation of the changes proposed is attached preceding the proposed ordinance. Thomas E. Jacobson Title: Director of Planning C:DATA/AG ENDN2002/FEB 13.1/GOK Attachments: Yes ~-~ No SITE PI. AN PROCESS AND APPEALS: PROPOSED CHANGES TO ZONING ORDINANCE (1/9/02) Listed below are issues that staff is recommending be addressed through changes in the Zoning Ordinance ISSUE 1: Length of reviews not to extend beyond 60 days. By State Code, each review of a site plan should not exceed 60 days from the date a site plan is submitted. This includes time for staff review, the filing of an appeal, and the plan to be heard by the Planning Commission for a final determination. The following language from the Ordinance affects this overall time schedule: Administrative site plan review time - Sec. 19-268(c) Time period for filing an appeal - Sec. 19-268(d) Time for Commission to hear appeal - Sec. 19-268(d) 60 days 15 days* 60 days** (* Proposed Ordinance change will reduce this to ten (10) days.) (** Proposed Ordinance change will require the sixty (60) days to be measured from the date of plan submittal and not from the date an appeal is filed.) Most site plans have their final submittal through the Table Review process, which is a one day turnaround for review and approval. Adding 10 more days for the filing of an appeal leaves 49 days for staff to bring the appeal to the Commission. This allows the hearing to occur at a regularly scheduled Planning Commission meeting. However, if staff approves the site plan at the end of a regular review period (21 days or more), then an appeal at the end of 10 days may not leave enough time for the appeal to be heard at a regularly scheduled Planning Commission meeting. Under this scenario, a special meeting of the Planning Commission would be required to have the final decision rendered within 60 days of the site plan submission. ISSUE 2: Fast Track Projects limited by 21 days of public notice prior to approval, Section 19-265(b) is proposed to allow a site plan to be approved 10 days after written notification has been sent to adjacent property owners. However, Ordinance retains ability of an aggrieved property owner to request that the Planning Department use a 21 day public notice period upon receipt of a written request. SITE PLAN PROCESS AND APPEALS - 1/9/02 - page 2 ISSUE 3: ISSUE 4: ISSUE 5: ISSUE 6: Minor Site Plans cannot be approved if applicant is unable to provide signed receipts of registered maid sent to adjacent residential properties. Section 19-266(e) has been changed to allow staff to approve a minor site plan 15 days after the notice has been sent by registered maiD. Minor Site Plan process cannot be used if adjacent residential property owner objects to the use of the process. Section 19-266(e) has been changed to delete this restriction and a site plan appeal process has been added for minor site plans in Section 19-267(g). Zoning Ordinance is not clear as to what issues on a site plan can be appealed. Section 19-268(d) establishes the list of appealable issues as follows: (1) designation of Chesapeake Bay Preservation areas; (2) access and internal circulation; (3) improvement sketch processing; (4) location of water and sewer lines; (5) buffers and screening; (6) land use transitions; (7) drainage; (8) conditions of zoning approval; or (9) architectural treatment. Zoning Ordinance does not clearly define who is an aggrieved property owner who has an ability to appeal an approved site plan to the Planning Commission. Section 19-268.1 defines who is "aggrieved" as follows: (a) A person is "aggrieved"for the purpose of appealing an administratively approved site plan only if: 1. They are an owner of property adjacent to the site; or SITE PLAN PROCESS AND APPEALS - 1/9/02 - page 3 ISSUE 7: They will be adversely affected by the approval of the site plan in an immediate and substantial manner not shared by the public generally. A person shall not be considered adversely affectedforpurposes of this ordinance by any personal financial hardship anticipated as a result of business competition associated with the proposed use. (b) When an appeal is filed with the Director of Planning, he will forward a copy to the County Attorney's office that same day for a determination whether the applicant is an "aggrieved person". Applicants will be sent by first class mail written notification if they are determined not to be aggrieved. Such notification shall be sent within 3 business days, and shall advise the applicant of available appeal rights. Site plan adjustments to approved site plans are not allowed an appeal right by aggrieved persons. In some instances, such adjustments may affect a case that was originally heard by the Planning Commission or affect an agreement made with adjacent property owners. The Ordinance needs language that allows aggrieved persons participation in these circumstances. Section 19-271 provides new language as follows that would require such adjustments to be heard by the Planning Commission: After a site plan has been approved, minor adjustments to the site plan which comply with the purposes of this article and other provisions of this chapter, with the intent of the approving bodies in their approval of site plans, and with the general purpose of the comprehensive plan for development of the area may be approved by the director of planning with concurrence of the reviewing authorities concerned. However, this administrative adjustment process is not available for changes that were involved in an appeal or were made as part of an agreement with an adjacent property owner or that relate to a condition of zoning requiring planning commission review and approval. Deviation from an approved site plan without the written approval of the director of planning shall void the plan and the director of planning shall require the applicant to submit a new site plan for consideration. AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIED, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTIONS 19-26, 19-265, 19-266, 19-267, 19-268, 19-269, 19-270 and 19-271 AND ADDING SECTION 19-268.1 RELATING TO SITE PLAN ORDINANCE CHANGES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19-26, 19-265, 19-266, 19-267, 19-268, 19-269, 19-270 and19-271 of the Code ofthe County of Chester~eld, 1997, as amended, are amended and re-enacted and Section 19-268.1 is added to read as follows: Sec. 19-26. Hearings; notification and posting of property. (a) The adoption of any comprehensive plan, zoning district map or ordinance or amendment thereto; any request for zoning approval; appeal of a decision by the planning director or other administrative officer to the board of zoning appeals; application for interpretation of the district map to the board of zoning appeals; or application for creation of a historic district, or the designation of landmark and landmark sites shall be advertised by reference, giving a descripti.ve summary of the proposed action and the place or places within the county where copies of the proposed action may be examined. In the case of proposed action which involves an amendment to the zoning district map, the public notice shall state the general usage and density range of the proposed amendment and the general usage and density, if any, set forth in the applicable part of the comprehensive plan. None of the above-referenced actions shall be acted upon until notice of the intention to do so has been published once a week for two successive weeks in a newspaper published or having general cimulation 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 days nor more than 21 days after final publication. (b) The director of planning shall, at least 21 days before the date of the first heating on any request for zoning er ~evelc, pment apprc, val, or appeal of a decision by the planning director or other administrative officer 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) The 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) (1) With regard to any action referred to in subsection (a) above, except amendments to the comprehensive plan, the owner of the affected parcel, as identified in the assessor's records, and the property owners identified in section 19-24(c) shall be given not less than 15 days' written notice sent by registered, certified or first class mail for any hearing on any such action. If the written notice is provided by first class mail, the director of planning shall make affidavit that the mailings have been made and file the affidavit with the papers in the case. If the public hearing is continued or deferred to a date that has not previously been advertised, notice shall be remailed. If the public hearing is continued or deferred to a date that has been previously advertised or if the public hearing is closed and the decision deferred to a later date, notice need not be remailed. (2) With regard to any action referred to in sections 19-16 and 19-17, written notice of any public hearing on an application to amend a zoning condition or rezone property shall be given to the last known representatives of all civic associations on the Civic Association Notice List filed with the planning department operating within the area encompassed by the property which is subject to the original zoning or condition and to all property owners of record with the assessor's office whose property was subject to the original zoning or condition and whose property is located within 1,500 feet of the property which is the subject of the application. (d) When a proposed comprehensive plan or amendment thereto, a proposed change in zoning district map classification, an application for creation of a historic district or the designation of landmarks and landmark sites 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, then, in addition to the advertising and written notification required above, written notice shall also be given at least 15 days before the hearing to the chief administrative officer or his designee, of such adjoining county or municipality. (e) Posting and notification of adjacent property owners, as outlined in this section, shall not be required when: (i) the hearing involves an application for zoning approval of 26 or more parcels of land initiated by resolution of the planning commission or board of supervisors; or (ii) on appeal when the appeal involves 26 or more parcels of land; or (iii) the hearing involves an appeal concerning no specific property. (f) A party shall be deemed to have waived the right to challenge the validity of proceedings for which written notice is required if the party does not receive the required written notice, but the party has actual notice of, or actively participates in, the proceedings. 000 Sec. 19-265. Site plan processing. (a) At the time a site plan is submitted, the applicant shall elect whether to seek approval under the minor site plan review process, set forth in section 19-267, the administrative site plan review process set forth in section 19-268 or the planning commission site plan review process set forth in section 19-269. If the applicant fails to make a selection, his application will be processed under the administrative site plan review process unless a condition of zoning approval requires the site plan to be submitted to the planning commission. (b) The director of planning shall send written notice of site plan submission to adjacent property owners by registered, certified or first class mail as soon after site plan submission as practicable, but in no event less than gt- 10 days prior to approval or disapproval of the site plan. The minimum period for site plan approval shall be ~x!ended to ..2.1..daYs when an aggrieved person, as defined by Sec. 19-268.1, files a written request with the Planning Department w..ithin 10 days after written notice is sent. If such written notice is sent by first class mail, the director of planning shall make affidavit that such notice has been sent and shall file the affidavit with the application. This subsection shall not be applicable to those site plans which are approved pursuant to the minor site plan review process. Sec. 19-266. Uses eligible for the minor site plan review process. The director of planning may approve site plans through the minor site plan review process in accordance with recommendations by other departments, as necessary, if the following conditions are met: (a) The proposed building addition or land disturbed is between 2,500 and 10,000 square feet; (b) Main water and/or sewer extensions are not required; (c) Industrial uses have independent water supplies sufficient for fire suppression; (d) Ail requisite reviews by the Virginia Department of Transportation can be performed by Residency Office r-eside~ staff; (e) The use is not located adjacent to property zoned R, R-TH or R-MF or occupied by a residence unless such adjacent property owners are notified by the applicant by registered mail, return receipt requested, of the proposed minor site plan and do not f!'e .... .~,~, ~,:~,~ .............. v ......... e- The director of planning; may approve such plan no sooner than 15 days after the applicant sends all required notifications by registered mail. The site plan shall not contain substantial access changes, road improvements or internal traffic circulation changes; (gb) Required buffers are not affected by proposed improvements or do not require substantial modification; (hi-) Drainage improvements do not require dedication of easements to the county; and The site complies with Chesapeake Bay regulations, either by opting out of the Chesapeake Bay requirements, conforming by use of an existing BMP or by achieving reduced imperviousness. Sec. 19-267. Minor site plan review process. (a) The applicant shall submit a preliminary site plan to the director of planning for a determination of eligibility for the minor site plan review process. (b) If the site plan meets the criteria set forth in sections 19-264(d) and 19-266 it shall be forwarded to other departments within the county for review, as necessary. In the event the proposed site plan does not meet the eligibility requirements for the minor site plan review process, the applicant shall be advised to elect between the administrative site plan review process set forth in section 1%268 or the planning commission site plan review process set forth in section 19-269. (c) Upon approval, the applicant shall be provided two copies of the approved site plan and shall be required to maintain one copy on the site at all times. (d) If the site plan is approved pursuant to this section, the applicant shall not be required to pay site plan or erosion and sediment control fees. 000:t35 Hg) The director of planning shall approve or disapprove a site plan pursuant to this section in accordance with the reviewing authorities' recommendations. He shall notify the applicant of his decision to approve or disapprove the site plan no sooner than w;.th~n 15 days after the applicant sends all notifications required by 19- 266(e) by registered mail. ~.4: ~ .~n~ ~4: ~.,~..,,,,.;~,;^. ~ ~ _~ ~. ~ .... ~;~ If the director of planning fails to approve or disapprove the site plan within 60 days after it has been officially submitted for approval, the applicant, after ten days' written notice to the director of planning, may petition the circuit cou~ to decide whether the site plan should or should not be approved ~e f(~g) If the applicant disagrees with the director of planning's final decision, he may file a written appeal with the planning commission within 15 days of that decision. The commission shall fix a reasonable time for hearing of the appeal and decide the same within 60 days. The commission may affirm, modify or reverse the decision. Until the planning commission renders a decision, Du~ng "-,,.. ...... "VV'~'~'1 ,,~.41.,,.,.,,.,,..~A ~,,,..th° director of planning shall not approve the site plan or a building permit for any construction that ':,'ou!~ or could be affected by the appeal. (g) Persons with an interest in property adjacent to the site and zoned R, R-TH, R-MF or occupied by a residence may file a written appeal within 10 days of the decision. Appeals must relate to matters specified in § 19- 268(d). The Commission shall fix a reasonable time for hearing the appeal and decide the same within 60 days of the applicant's site plan submission. The Commission may affirm, modify or reverse the decision. Until the planning commission renders a decision, neither a building permit nor a land disturbance permit shall be issued for any construction that could be affected by the appeal. In addition, the director of planning shall issue a stop work order to the applicant instructing the applicant to cease any construction that could be affected by the appeal Sec. 19-268. Administrative site plan review process. (a) All site plans which are properly submitted for administrative review in accordance with the County's Site Plan Application and Checklist shall be reviewed and recommended for approval or denial by: (1) The director of planning relative to: a. Compliance with the requirements of this chapter, including, but not limited to, setbacks, side and rear yards, building height, lot area and lot coverage, fencing, screening, landscaping, lighting, architectural design, pedestrian access and conditions of zoning approval. bo Location, design and adequacy of automobile parking as to number of spaces, and square footage per space, including movement lanes and total area. (2) The director of transportation relative to: Location and design of vehicular entrances and exits in relation to streets giving access to the site. (3) bo Adequate provision for internal and external traffic circulation, including, but not limited to, access to adjoining property, traffic-control devices and speed control devices. The Virginia Department of Transportation engineer relative to highway matters. (4) The director of environmental engineering relative to: a. Adequacy of drainage and erosion control measures. b. Flood protection. Co Compliance with applicable established design criteria, construction standards and specifications for all required public road and drainage improvements. do Compliance with the regulations and requirements of the Chesapeake Bay preservation areas, Upper Swift Creek watershed areas and floodplain districts. (5) The director of utilities relative to: a. Adequacy of water supply and sanitary wastewater facilities. bo Compliance with applicable established design criteria, construction standards and specifications for all required public water and wastewater improvements. (6) The building official relative to fire protection and compliance with the provisions of the county fire prevention code and the Uniform Statewide Building Code. (7) The director of health relative to private wastewater and water systems. (8) The chief of police relative to police protection and county safety codes. (b) The director of planning shall post a sign notifying the public of site plan submission for administrative review as soon as practicable, but in no event less than g-l- 10 days prior to approval or disapproval of the site plan. The minimum period for site plan approval shall be extended to 21 days when an aggrieved person, as defined by Sec. 19-268.1, files a written request with the Planning Department within 10 days after the sign has been posted. Such posting shall be performed in the same manner required for public heatings described in section 19-26(b)(1) and (2). (c) The director of planning shall approve or disapprove site plans in writing, giving specific reasons in accordance with the reviewing authorities' recommendations. He shall notify the applicant of his decision to approve or disapprove the site plan within 30 days of the date of submission of the plan, if practicable. If the director of planning fails to approve or disapprove the site plan within 60 days after it has been officially submitted for approval, the applicant, after ten days' written notice to the director of planning, may petition the circuit court to decide whether the site plan should or should not be approved q'~' ..... ..~ .~n, ~. .... ~,~ ~n, .... .4 ~_~ .... (d) If the applicant disagrees with the final decision of the director of planning, he may file a written appeal with the planning commission within 15 days of that decision. In addition, any aggrieved person may file a written appeal of the final decision of the director of planning with the planning commission within 10 days of that decision. The appeal must explain how the site plan will adversely affect the person and is limited to the following matters: designation of Chesapeake Bay Preservation areas~ 000 .37 (2) access and internal circulation; (3) improvement sketch processing; (4) location of water and sewer lines; (5) buffers and screening; (6) land use transitions; (7) drainage; (8) conditions of zoning approval; or (9) architectural treatment. The commission shall fix a reasonable time for being the appeal and decide the same within 60 days of the applicant's site plan submission. The commission may affix, modify or reverse the decision. Until the planning comm ssion ren ers a ecs on, ...... o ..... ve~. v .................- e ......... ~ ........... ev ............ ~ .... neither a building pe~it nor a land disturbance pe~it shall be issued for any construction that would or could be affected by the appeal. In addition, the director of planning shall issue a stop work order to the applicant instructing the applicant to cease any construction that could be affected by the appeal. Sec. 19-268.1.Qualification as "Aggrieved Person". (a) A person is "aggrieved" for the purpose of appealing an administratively approved site plan only if: 1. They are an owner or lessee of property adjacent to the site; or 2. They will be adversely affected by the approval of the site plan in an immediate and substantial manner not shared by the public generally. A person shall not be considered adversely affected for purposes of this ordinance by any personal financial hardship a_anticipated as a result of business competition associated with the proposed use. .... (b.).... When an appeal is filed with the Director of Planning, he will forward a copy to the County Attorney's office that same day for a determination whether the applicant is an "aggrieved person". Applicants will be sent by...first class mail written notification if they are determined not to be aggrieved. Such notification shall be sent within 3 business days, and shall advise the applicant of available appeal fights. Sec. 19-269. Planning commission site plan review process. All site plans which are properly submitted for planning commission review in accordance with the County's Site Plan Application and Checklist shall be reviewed and approved or denied as follows: (a) The appropriate departments and/or agencies shall review and make recommendations as outlined in section 19-268(a). (b) The director of planning shall post a notice of the site plan public meeting heah~ in accordance with section 19-26(b). (c) The director of planning shall submit recommendations to the planning commission. The planning commission shall approve, with or without conditions, or disapprove the site plan in writing, giving specific reasons in accordance with the reviewing authorities' recommendations. (d) If the planning commission fails to approve or disapprove the proposed site plan within 60 days after it has been officially submitted for approval, the applicant, after ten days' notice to the commission, may petition the circuit court to decide whether the site plan should or should not be approved. The ........ 1 ~c ..~ plan (e) If the applicant disagrees with the final decision of the planning commission, he may file a written appeal with the circuit court within 60 days of that decision. T, Sec. 19-270. Site plan approval. (a) An approved site plan shall become null and void if no significant work is done or development is made on the site within five years after final site plan approval. (b) There shall be no clearing or grading of any site without approval of a grading and/or erosion and sediment control plan by the director of planning and the director of environmental engineering. Construction or development may begin upon approval of the site plan by the director of planning and of building permits by the building official. (c) (1) Prior to expiration of an approved site plan, the subdivider or developer may request and the director of planning may grant one or more extensions of such approval for additional periods as the director may determine to be reasonable, taking into consideration the size and phasing of the proposed development and the laws, ordinances and regulations in effect at the time of the request. (2) If the director of planning denies an extension request, the applicant may file a written appeal with the planning commission within 15 days of the denial. The commission shall fix a reasonable time for hearing the appeal and decide the same within 60 days. The commission may affirm, modify or reverse the decision. 000 L8.9 Sec. 19-271. Adjustments in approved site plan. After a site plan has been approved, minor adjustments to the site plan which comply with the purposes of this article and other provisions of this chapter, with the intent of the approving bodies in their approval of site plans, and with the general purpose of the comprehensive plan for development of the area may be approved by the director of planning with concurrence of the reviewing authorities concerned. However, this administrative adjustment process is not available for changes that were involved in an appeal or were made as part of an agreement with an adjacent property owner or that relate to a condition of zoning requiring planning commission review and approval. Deviation from an approved site plan without the written approval of the director of planning shall void the plan and the director of planning shall require the applicant to submit a new site plan for consideration. (2) That this ordinance shall become effective immediately upon adoption. An Affiliate of Media General Advertising Affidavit (This is not a bill. Please pay from invoice) P, O. Box 85333 Richmond, Virginia 23293-0001 (804) 649-6000 [ Account~ 220g06 Date Code Description Ad Size Total 1'21 TAKF NOT'/CETAKE NOTICE THAT THE 1RC)ARD O 2 00 X 25_00 494 ()() ATTACH Media General Operations, lnc, Publisher of THE RICHMOND TIMES-DISPATCH This is to certify that the attached TAKE NC)TTCETAKE NOTiC:~ was published by Richmond Newspapers, Inc. in the Cityof Richmond, State of Virginia, on the following dates: 01/30/2002 02/06/2002 The first insertion being given .... ot Sworn to and subscribed before State of Virginia C~y of Richmond Commission expires Su THIS IS NOT A BILL. PLEASE PAY FROM INVOICE, THANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: Februar]/13, 2002 Item Number: 16.D. Subject: Public Hearing for Consideration of the Siting of a Solid Waste Management Facility, as Well as Approval for Waste Material Management and Disposal, for the Proposed Expansion of the Taylor Road Construction and Demolition Debris Landfill Owned By S. B. Cox, Inc. Board Action Requested: To consider the siting of, and the management and disposal of waste material within a proposed expansion of the Taylor Road Construction and Demolition Debris Landfill. Summary of Information: Under the County Code every solid waste landfill facility, or the expansion of such facility, must receive the approval of the Board of Supervisors both as to the siting of the facility and the management and disposal operations of the facility. Joyce Engineering has submitted an application for these approvals to expand the S. B. Cox, Inc. Construction and Demolition Debris Landfill located on Taylor Road, and owned and operated by S. B. Cox, Inc. After review of the application by staff and by a consultant engineer (Law-Gibb Engineering), and following modifications by Joyce Engineering to address concerns raised during the review, the application is now complete and meets all requirements of the County Code. Staff, as well as Law-Gibb, finds that the proposed facility poses no substantial present or potential danger to the health, safety, or welfare of any person or to the environment. Therefore it is the recommendation of the Solid Waste Division that the applicant be given both siting and management/disposal approval for this facility. This expansion has already received Planning Commission and BOS approval for zoning on January 23, 2002. Preparer: , ..... - ~-- Title: Director of General Services /Francis Pitaro Attachments: Yes ~ No 000141 Executive Summary S. B. Cox, Inc. is proposing to expand the existing landfill operations at the Taylor Road Construction and Demolition Debris (CDD) Landfill, Permit No. 270, onto adjacent property located south and southwest of the existing facility in the Matoaca Magisterial District of Chesterfield County, Virginia. Based on the results of a subsurface investigation performed between August and September 2001, the study area has been determined to be geologically suitable for the proposed landfill expansion based on Chesterfield County and DEQ siting criteria. Evaluation of the hydrogeologic and geochemical nature of the uppermost aquifer indicates that a groundwater monitoring system can be designed for the facility, which will successfully monitor the uppermost aquifer in accordance with Chesterfield County and DEQ requirements. Based on the investigative results, a preliminary footprint for two proposed expansion areas has been devised which meets all set-back and buffer requirements specified in the Chesterfield County Administrative Code and the VSWMR. As part of this permit amendment, S.B. Cox, Inc. is proposing to expand the existing facility boundary from 73 acres to approximately 158 acres. The landfill is situated on a 257-acre parcel of land owned by S.B. Cox, Inc. Currently, 73 acres of the parcel are approved for waste management activities under the existing permit. The proposed lateral expansion (85 additional acres proposed) under this Part A Application will expand the area allowed for waste management activities to 158 acres. Of the 158 acres, waste disposal activities are proposed for 137 acres, with the remaining 21 acres reserved for access roads, buildings, leachate management systems, and storm water conveyance and control systems. It is anticipated that development of the expansion area will be sequential, i.e., each cell will be developed to the fullest extent possible prior to moving disposal activities to a subsequent cell. The anticipated sequence of site development will include four separate phases of development. Although the proposed expansion will result in an 00014 increased disposal capacity of the landfill, S. B. Cox, Inc. is not requesting any increase in the daily disposal volume other than an estimated two percent annual growth (estimated based on the projected population growth rate and increasing construction demands for the Taylor Road CDD Landfill service area). The proposed expansion is consistent with the Central Virginia Solid Waste Management Plan, of which Chesterfield County is a member. Based on the information presented herein, the proposed expansion meets state and local government landfill siting criteria. The proposed expansion is expected to provide economic benefit to the citizens and businesses of Chesterfield County through the creation of additional disposal capacity for construction and land cleating debris at a competitive cost. Based on the current availability of airspace in existing CDD landfills, which are open to the public and centrally located in or near Chesterfield County, and the continuing development of the southern and western portions of Chesterfield County, it is expected that disposal costs for construction and land clearing debris will increase in the near future if new capacity is not added into the system. The design, construction and operation of this expansion will fall under the oversight and inspection of DEQ, just as the existing cell has to date. Further, the expansion must proceed through the same standard DEQ Part A. and Part B Application process required of new proposed sites. This review step, required by Chesterfield County Code, is just the first step of a multi-step process designed to protect the health and safety of the citizens and the environment. An Affiliate of Media General Advertising Affidavit (This is not a bill. Please pay from invoice) P.O. Box 85333 Richmond, Virginia 23293-0001 (804) 649~6000 Account Num.---~ ??0806 (t2/06/70137 Date Code Description Ad Size Total Cost fi?./fi(~/SOO2 121 TAKE NO'FICF. TAKF, NOTICE THAT TIlE ~OARD O 2_00 x 26_00 51 ¢ ~6 Media General Operations, inc. Publisher of ATTACH THE RICHMOND TiMES-DISPATCH h,s is to cert,fy that the attached FAKF, N©TIC'ETA~ was published by Richmond Newspapers, Inc. in the City of Richmond, State of Virginia, on the fo~owing dates: 01/30/2002 02/06/2002 The first insertion being given .... o l/~o/2oo? SWorn to and subscribed before Notary Public SuPerviS°~ State of Virgin, a c ~y of RiChmOnd CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: February 13, 2002 Item Number: 16.~.. Subiect: PUBLIC HEARING: Ordinance to Vacate a Portion of a Ten Foot Temporary Construction Easement Across Lot 8, Bridlewood Forest Subdivision County Administrator's Comments: County Administrator: Board Action Requested: Adopt an ordinance to vacate a portion of a 10' temporary construction easement across Lot 8, Bridlewood Forest Subdivision. Summary of Information: Providence Investments, L.C., a Virginia limited liability company, has submitted an application requesting the vacation of a portion of a 10' temporary construction easement across Lot 8, Bridlewood Forest Subdivision. This request has been reviewed by staff and approval is recommended. District: Clover Hill Preparer: John W. Harmon Attachments: Title: Right of Way Mana,qer # 000144 Lot ? N/F ~arcussen 10' Temporao,/.. Construction Easement// £0T8 0.315 Acre (not to sca/e) // 677. 13' to the NiL of West Providence Rood Proposed Dwelling '".- Area to be Lot 9 .. Sewer TUCKERS LANDING ROAD 4o' R/w Plot Showin9 A PorUon of a 10' Temporary Construction Easemen( to be vacated on DATE:December 12. 2001 Lot 8, 8n'dlewood Forest SCALE: 1"=,~0' C/over H/Y/ D/strict JOB NO: C0111 i.~8 Re: Emerc]ld Homes Chesterfield County, Virgimb · PLANNER8 ,, ARCHITECT8 · ENGINEER8 · SURVEYORSo 1208 0oq:)orate ClroleoRoanoke, ~lrglnJe 24018 · PlY)ne (540) 772-9580 · Fax (540) 772-.8050 501 Bren(w Roed .. ~uite 100 · Rk=hmond, Virginia 232,16, Phone (804) 794-0671 ,, Fix (804) 794-28.15 880 Techrmlooy Part( Drive. Suite 200. Glen Allen. Vtrglnla 23(~g. Phone (804) ~68-0132. Fax (804) 558018,3 An Affiliate of Media General Advertising Affidavit (This is not a bill. Please Pay from invoice) CHF,,qTERFILD C,O RIGHT WAY 6710 W KRAIISR ROAD CHF,~qTF. R FIF, t ,D VA 23,832 P.O. Box 85333 Richmond, Virginia 23293-0001 (804) 649-6000 22~686 2.00 x 17.00 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: February 13, 2002 Item Number: 16.F. Subiect: PUBLIC HEARING: Ordinance to Vacate a Portion of Edmonthorpe Road Within Powderham, Section C County Administrator's Comments: County Administrator: Board Action Requested: Adopt an ordinance to vacate a portion of Edmonthorpe Road within Powderham, Section C, shown on the attached map. Summary of Information: John H. Earl and Deborah A. Earl have submitted an application requesting the vacation of a portion of Edmonthorpe Road within Powderham, Section C. This request has been reviewed by staff and approval is recommended. District: Midlothian Preparer: ~"~ 7__..J. c~:~,,.,.-, Title: John W. Harmon Attachments: ~----[ No Right of Way Mana,qer #000146 ia General P.O. Box 85333 Richmond, Virginia 23293-.0001 (804) 649-6000 CHESTERFH,D CO RIGHT WAY RIGHT OF WAY DEPT 6710 W KRAIISE ROAD CHEgTERFIEI ,D VA 23gg2 TAKE NOTICETHAT ON FEBRUARY 13 2002 AT 7 2.00 x 1T00 ATTACH Publisher of 01/30/2002 02/06/2002 The first insertion being given .... 01/30/2002 ~ed before HERE CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: February 13, 2002 Item Number: 16.G. Subiect: PUBLIC HEARING: Ordinance to Vacate a Portion of Hawkin's Park Road Within Hawkin's Wood at the Grove, Section 2 County Administrator's Comments: County Administrator: ~ Board Action Requested: Adopt an ordinance to vacate a portion of Hawkin's Park Road within Hawkin's Wood at the Grove, Section 2 Summary of Information: E. D. Lewis & Associates, P.C., has submitted an application to vacate a portion of Hawkin's Park Road within Hawkin's Wood at the Grove, Section 2. This request has been reviewed by staff and approval is recommended. District: Midlothian Preparer: ~~ zJ. _~. -~-, Title: John W. Harmon Attachments: r--]No Right of Way Manager ~OOD WOOD VACATION PLAT OF 0.3J l ACRES BDN¢ A PORT/ON OF HAk~KIN'S PARK ROAO LOCATED iN HA~K/N'S WOOD AT THE GROVE, SECTION 2 ~IDLOTH~ DISTRICT CH~S~ELD COUNt, S~O ~'~50' ~: DECE~ER 17, 200~ An Affiliate of Media Genera[ Advertising Affidavit (This is not a bill. Please pay from invoice) CH'F, STF, RFILD HO RIGHT WAY RIGHT OF WAY D-RPT 6710 W KRAISR ROAD HH'ESTERF1F, I ,D VA 23832 P.O. Box 85333 Richmond, Virginia 23293-0001 (804) 649-6000 02106/2002 TAKR NOTICRTHAT ON FF, BRI JARY 13 2002 AT 7 2.00 x 16 f Publisher of 3ns~ inC. ATTACH O1 30/2002 02/06/2002 The first insertion being given .... 01/3t)/2002 HERE Sworn to bed before CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: February 13, 2002 Item Number: 17. Sub!ect: Adjournment and Notice of Next Scheduled Meeting of the Board of Supervisors Count_v Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Motion of adjournment and notice of next scheduled meeting to be held on February 27, 2002 at 3:30 p.m. Preparer: ~~_/D~ ~ Title: Lisa H. Elko Attachments: ~-~ Yes No Clerk to the Board