01-10-2007 Packet
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date:
January 10, 2007
Item Number: 1.A.
Subiect:
Election of Chairman and Vice Chairman
County Administrator1s Comments:
County Administrator:
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Board Action Reauested:
Summary of Information:
The Board's first order of business is the election of Chairman and Vice
Chairman for 2007. The County Administrator presides over the meeting
until the election of Chairman. Nominations do not require a second.
Preparer:
Lisa H. Elko
Title:
Clerk to the Board
Attachments:
DYes
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 1 of 1
AGENDA
Meeting Date:
January 10, 2007 Item Number: 1.8.
Subiect:
Nomination/Appointments to Various Boards and Commissions
County Administrator1s Comments:
County Administrator:
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Board Action Reauested:
Summarvof Information:
Each year at the organizational meeting, the Board must make a number of
appointments to various Boards and Commissions. In addition, there are a
number of appointments to corruni ttees appointed by the Chairman. See
attached list.
Preparer:
Lisa H. Elko
Title: Clerk to the Board
Attachments:
. Yes
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BOARD APPOINTMENTS
CURREN'l' MEMBERS
RICHMOND METROPOLITAN CONVENTION & VISITORS BUREAU (RMCVB)
Board Appointment vacant
Term would be for one year beginning January 1, 2007 and expiring
December 31, 2007.
Mr. Donald Sowder (recommended)
TRI-CITIES AREA METROPOLITAN PLANNING ORGANIZATION (CRATER MPO)
Appointment is for te~ that expired 12/31/06
Term would be one year beginning January 1, 2007 and expiring
December 31, 2007.
Mrs. Renny Bush Humphrey
MAYMONT FOUNDATION
Appointment is for te~ that expired 12/31/06
Term would be one-year beginning January 1, 2007 and expiring
December 31, 2007.
Mr. Donald Sowder (Recommended)
ARTS AND CULTURAL FUNDING CONSORTIUM
Term would be for two-years beginning January 1, 2007 and expiring
December 31, 2008.
Ms. Susan Stuller, At-large Appointment
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SOUTH CENTRAL WASTEWATER AUTHORITY
Term would be for a one-year term beginning January 1, 2007 and
expiring December 31, 2007. In January 2008 they will be up for a
four-year term appointment.
Mr. Lane Ramsey
Mr. Roy Covington
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CHAIRMAN'S APPOINTMENTS
CURREN'l' MEMBERS
BOARD COMMITTEES:
BUDGET AND AUDIT COMMITTEE
Unspecified Term
Mr. R. M. "Dickie" King, Jr.
Mr. Kelly E. Miller
COUNTY EMPLOYEE BENEFITS COMMITTEE
Unspecified Term
Mr. Arthur S. Warren
Mrs. Renny Bush Humphrey
OTHER COMMITTEES:
COALITION OF HIGH GROWTH COMMUNITIES
Unspecified Term
Mr. Arthur S. Warren
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APPOINTMENTS WITH UNSPECIFIED TERMS
THESE ARE APPOINTMENTS THAT SERVE AT THE PLEASURE OF THE BOARD.
STAFF WILL PROVIDE THESE TO YOU AS PART OF THIS DOCUMENT SO YOU CAN
REVIEW THESE APPOINTMENTS ON AN ANNUAL BASIS.
CAPITAL AREA WORKFORCE INVESTMENT BOARD AND
CRATER WORKFORCE INVESTMENT BOARD
Unspecified Term
Ms. Karen Aylward
CHESTERFIELD COUNTY SUPPLEMENTAL RETIREMENT PLAN BOARD
Unspecified Term
Mr. Craig Bryant
Ms. Mary Lou Lyle
Mr. James J. L. Stegmaier
Mr. Richard Cordle
Colonel Carl Baker
APPEALS PANEL PURSUANT TO VIRGINIA SET OFF DEBT
Unspecified Term
Mr. James Harris
Mr. Samuel West
Mr. Richard Cordle
Ms. Mary Lou Lyle
SOUTH CENTRAL WASTEWATER AUTHORITY BOARD
Unspecified Term
Mr. Lane Ramsey
Mr. Roy Covington, Alternate
RICHMOND METROPOLITAN CONVENTION & VISITORS BUREAU (RMCVB)
Unspecified Term
Ms. Marilyn Cole, Alternate
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RIDEFINDERS
Unspecified Term
Ms. Barbara Smith
Mr. James Banks, Alternate
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: January 10, 2007
Item Number: 1.C.
Subiect:
Adoption of Procedures of the Board of Supervisors Governing Meetings in 2007
County Administrator1s Comments:
County Administrator:
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Board Action Reauested:
Adoption of the Procedures of the Board of Supervisors for 2007.
Summarvof Information:
Each year the Board of Supervisors adopts procedures governing the conduct of
meetings at the organizational meeting in January. Staff recommends several
changes to the Procedures as noted.
Preparer: Steven L. Micas
Title: County Attornev
0800:74025.1 (73914.1)
Attachments:
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000008
;.woe 2007
PROCEDURES OF THE
BOARD OF SUPERVISORS
Chesterfield County, Virginia
000009
~ 2007 PROCEDURES OF THE BOARD OF SUPERVISORS
BE IT RESOLVED by the Board of Supervisors of the County of Chesterfield in
accordance with Section 3.4 of the County Charter that the following rules of procedures shall
govern the conduct of meetings and work sessions of the Board of Supervisors during the 2007
calendar year.
Presiding Officer
Section 1. The Board's parliamentary procedures shall conform with law and the
historical practices of the Board of Supervisors. The County Attornev shall act as
parliamentarian to the Board. To the extent necessary to address any ambiguities in procedure"!
the County Attorney may consider the most recent edition of Robert's Rules of Order"! a Manual
of General Parliamentary Law for guidance. Any questions involving the application of rules of
procedure or the interpretation of Robert's Rules shall be decided by the County Attorney.
be Robert's Rules of Order, a ~1anual of General Parliamentary La\v, to the extent compatible
'"yith la'"v and the historical practices of the Board of SupenTisors. The county attorney shall act
as parliamentarian to the Board. .t^...ny questions invol'/ing the interpretation or application of
Robert's Rules shall be addressed to the County .L^...ttorney.
Section 2. The chairman, or the vice chairman, or in their absence the most senior
member of the Board alphabetically, shall preside at all meetings of the beaFdBoard, and on the
appearance of a quorum shall call the meeting to order, and the beaFdBoard shall then proceed
with its business.
Section 3. The presiding officer shall preserve order and decorum. He may speak, make
motions, and vote on all questions, and he shall decide questions of order and procedure. The
Chairman may set reasonable time limits for speakers and public hearings; provided that by
majority vote the beaFdBoard may reject such time limits.
Quorum
Section 4. A quorum shall consist of at least three members of the Board. A majority of
a quorum shall be sufficient to carry any question except tax issues, incurring of debt and
appropriations in excess of $500, all of which shall require a majority of the full beaFdBoard for
adoption. No beaFdBoard member is required to vote on any question, but an abstention,
although not a vote in favor of carrying a question, shall be counted as a vote for the purpose of
determining a quorum. A tie vote shall defeat the motion, resolution or issue voted on, provided
that all zoning cases must be disposed of by a motion approved by a majority of those voting.
An abstention defeats a motion requiring a unanimous vote. The Board shall not designate a
tiebreaker pursuant to ~ 15.2-1421 of the Code of Virginia.
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Order of Business
Section 5. The order of business at a regular meeting of the Board shall be as follows
beginning at 4 p.m. or an alternate specified meeting time:
(a) Approval of minutes of the previous meeting. Reading of the minutes shall be
automatically dispensed with.
(b) County administrator's comments.
(c) Board committee reports.
(d) Requests to postpone action, additions, deletions or changes in the order of
presentation with respect to any matter on the agenda.
(e) Special resolutions of recognition.
(t) Work sessions.
(g) Deferred agenda items not requiring a public hearing.
(h) New county business not requiring a public hearing, including deferred and new
appointments and claims against the Board or County.
(i) Reports.
(j) Fifteen-minute citizen comment period on unscheduled matters involving the
services, policies and affairs of the County government.
(k) Dinner at 5 p.m.
(1) Non-sectarian invocations in accordance with the Clerk's scheduling policy
followed by the pledge of allegiance at ~:30 p.m.
(m) Special resolutions of recognition not heard at the afternoon session.
(n) Deferred public hearings.
(0) Zoning and mobile home public hearings placed on the consent agenda by the
Planning Department.
(p) Remaining public hearings or zoning public hearings based on appropriate
meeting date.
(q) Fifteen-minute citizen comment period on unscheduled matters involving the
services, policies and affairs of the County government.
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(r) Adjournment.
The Board shall confine their decisions to the matters presented on the agenda.
Section 6. Each citizen comment period shall be limited to 15 minutes and 5 speakers
and each speaker may not exceed 3 minutes. Citizen speakers shall abide by a lighting system
providing warning lights. Citizens may only speak once per meeting during the citizen comment
periods. No citizen shall speak on any matter of business that is a subject on the beaFdBoard's
agenda for that day. Citizens may not yield time to other speakers. Any person desiring to speak
may notify the clerk to the Board no earlier than 7 days in advance of the meeting or shall sign
up prior to the afternoon or evening session if space is available. At the beginning of the citizen
comment period the clerk will read the names and comments will be given in the order of the
sign-up sheet. Each citizen comment period will end after 15 minutes, regardless of the number
of people who have signed up to speak.
Persons speaking before the beaFdBoard will not be allowed to:
(a) Campaign for public office;
(b) Promote private business ventures;
(c) Use profanity or vulgar language;
(d) Address pending litigation or matters to be addressed at that meeting; or
(e) Make insults which tend to violence or breach of the peace.
Section 7. Any person speaking to a matter during the meeting shall be limited to such
period of time as shall be allotted by the presiding officer when necessary to preserve order and
the efficiency of the meeting. The beaFdBoard may accept written comments in lieu of oral
statements. Any person may publicly speak to an item on that meeting's "Consent Agenda" for
up to three minutes, so long as the beaFdBoard votes to remove a consent item from the Consent
Agenda for public comment.
Section 8. The order of business at a special meeting shall follow that of a regular
meeting to the greatest extent possible.
Minutes of Meeting
Section 9. The clerk of the beaFdBoard shall prepare and maintain adequate minutes of
the proceedings of the beaFdBoard in accordance with the requirements of the Code of Virginia,
1950, as amended. Each recorded vote shall indicate how each member of the beaFdBoard
voted. Preparation of minutes will not include every aspect of the beaFdBoard's meetings
relating specifically to discussion and debate, but will include all significant events relating to
73914.2
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official action. Minutes shall be included as part of the agenda package for the subsequent
meeting of the OOaffiBoard.
Section 10. The Board may correct its minutes after approval of the minutes only upon a
clear showing that a clerical or administrative mistake was made.
Agenda
Section 11. The county administrator shall prepare an agenda for each regular or special
meeting of the OOaffiBoard on which shall appear the title of each matter on which action is to be
taken at that meeting. The agenda for each regular meeting shall (a) be prepared at least five
days prior to the meeting, (b) be promptly mailed or delivered to each member of the Board or
placed in the repository assigned to such OOaffiBoard member, and (c) be distributed to
appropriate officers and employees of the county government and members of the public and
media requesting copies.
Section 12. Upon a majority vote of the Board of Supervisors, any item may be added
when the agenda is voted on, and the chairman may allow any agenda item to be called out of
sequence.
Section 13. Any matter not on the scheduled agenda, may be heard after the agenda has
been approved by the OOaffiBoard only upon the unanimous vote of the OOaffiBoard members
present. Any such matter must be of an emergency nature, vital to the continued proper and
lawful operation of the county.
Section 14. No matter on the scheduled agenda shall be considered after 11 p.m. without
the unanimous consent of the OOaffiBoard. Any matter not heard shall be automatically
continued to the next scheduled meeting of the OOaffiBoard.
Motions
Section 15. When a motion is under debate, no additional motions may be made except a
motion to withdraw, defer, substitute, or to amend. If the maker of a motion and the member
seconding the motion agree, a motion may be amended or withdrawn. Such motions shall take
precedence in the order listed above. Only one substitute motion shall be in order for a principal
motion. All motions to defer shall be to a date certain. Prior to voting on a motion to defer, the
OOaffiBoard shall hear public comments on the issue of deferral if the scheduled item requires a
public hearing.
Reconsideration of Ordinances, Resolutions and Motions
Section 16. Any vote by a member of the OOaffiBoard is final once cast. Planning
Commission decisions are final once made. No ordinance, resolution or motion previously voted
73914.2
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upon by the beafdBoard shall be brought forward for reconsideration during the same meeting of
the beafdBoard.
Debate
Section 17. Each member of the beafdBoard may participate in discussion of any issue
only after being recognized by the chairman. The chairman shall not recognize a motion to "call
the question" until every member desiring to speak has had a chance to speak. At the conclusion
of debate, the question shall be called and no further debate shall be in order.
Requests relating to criticisms or concerns regarding the administration of the county,
except when related to agenda items, shall not be presented or raised at a meeting of the
beafdBoard unless first submitted in writing to the county administrator and unless his response
fails to resolve the issue.
Regular Meetings
Section 18. Each year at its organizational meeting the beafdBoard shall set the regular
meeting times and dates for the following year provided, however, that the beafdBoard shall
meet at least once each month. Whenever the regularly scheduled meeting date shall fall on a
legal holiday, the regular meeting of the OOafdBoard shall be held on the following day in
accordance with SI5.2-1416 of the Code of Virginia, 1950, as amended. The chairman may
cancel any meeting because of inclement weather and should reschedule any canceled meeting at
the earliest possible date by sending written notice to each member of the OOardBoard.
Special Meetings
Section 19. Special meetings of the OOafdBoard may be called by two members of the
Board or the chairman in accordance with SS 15.2-1417 and 15.2-1418 of the Code of Virginia,
1950, as amended. Upon making such request, the clerk shall specify the matters to be
considered and shall notify in writing all members of the OOardBoard and the county attorney
immediately. The meeting may be held only if waivers are signed by every member of the
beaffiBoard and the county attorney, or if every member and the county attorney attend the
special meeting.
Appointments
Section 20. Appointments to committees of the OOardBoard and to authorities, boards
and commissions shall be made only by resolution adopted by a majority of the full OOafdBoard
at a meeting subsequent to the meeting when the name has been offered to the beafdBoard for
consideration. Prior to consideration of the nomination, the nominee shall be notified to
determine his willingness to serve and to determine if he meets the minimum qualifications for
such appointment.
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Committees
Section 21. The Board may create committees and shall appoint members to such
committees. Committees may hold hearings and perform such other duties as may be prescribed.
A committee may be instructed concerning the form of any report it shall be requested to make,
and a time may be fixed for submission of any report.
Zoning
Section 22. With the exception of zoning cases that have been scheduled for a public
hearing before both the Chesterfield Planning Commission and the Board of Supervisors in the
same month, no zoning case shall be considered by the Board of Supervisors if amendments,
changes, withdrawals or proffers have been submitted by the applicant after the case has
appeared in the newspaper pursuant to the required publication. All such cases shall be deferred
to the next appropriate beaffiBoard meeting for consideration after proper readvertising.
Section 23. If a majority of the beaffiBoard is not reelected, no zoning case shall be
considered by the Board of Supervisors after November 6., 2007 WW- until the organizational
meeting in January ~ 2008 unless such delay would exceed 12 months for that case.
Amendment of Rules
Section 24. The rules of procedure of the governing body may be amended at any time
during the year by a unanimous vote of the full beaffiBoard.
Section 25. The Board of Supervisors may suspend the application of any section of
these rules by a unanimous affirmative vote of all beaffiBoard members present at any time
during the agenda.
Section 26. A Deputy Sheriff shall serve as sergeant at arms.
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 1 of 1
AGENDA
Meeting Date:
January 10, 2007 Item Number: 1.0.
Subiect:
Setting of Regular Meeting Dates for 2007
County Administratorls Comments:
County Administrator:
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Board Action Reauested:
Summarvof Information:
The Board should establish its schedule for regular meeting dates and
times for 2007. Staff recommends approval of the attached schedule.
Preparer:
Lisa H. Elko
Title: Clerk to the Board
Attachments:
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BOARD OF SUPERVISORS REGULAR MEETING DATES FOR 2007
January 10, 2007 at 3:00 p.m.
January 24, 2007 at 3:00 p.m.
February 14, 2007 at 3 :00 p.m.
February 28, 2007 at 3:00 p.m.
March 12, 2007 at 6:00 p.m.
March 14,2007 at 3:00 p.m.
March 28, 2007 at 3:00 p.m.
April 11, 2007 at 3:00 p.m.
April 25, 2007 at 3:00 p.m.
May 23, 2007 at 3:00 p.m.
June 27, 2007 at 3:00 p.m.
July 25, 2007 at 3:00 p.m.
August 22,2007 at 3:00 p.m.
September 26, 2007 at 3:00 p.m.
October 10, 2007 at 3:00 p.m.
October 24, 2007 at 3:00 p.m.
November 14, 2007 at 3:00 p.m.
November 28,2007 at 3:00 p.m.
December 19,2007 at 3:00 p.m.
Special Meeting Dates for 2007
Special Budget Work Session - March 12, 2007 at 6:00 p.m. - Public Meeting Room
Budget Public Hearing - March 28, 2007 at 6:30 p.m. - Public Meeting Room
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: January 10,2007
Item Number: 3.
Subiect:
County Administrator's Comments
County Administrator's Comments:
County Administrator:
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Board Action Reauested:
Summarv of Information:
Richmond Sports Backers was recently named best sports commission in the
country by the National Association of Sports Commissions (NASC). The
mission of the organization is to "maximize the communi ty benefi ts of
sports tourism."
Mr. Jon Lugbill will update the Board regarding activities of the Sports
Backers in Chesterfield.
Preparer: Lisa Elko
Title: Clerk to the Board
Attachments:
DYes
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 2
Meeting Date: January 10,2007
Item Number: 8.
Subiect: Deferred Streetlight Installation Cost Approval
County Administratorls Comments:
County Administrator:
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Board Action Reauested:
This item requests Board approval of a deferred streetlight installation in
the Clover Hill District.
Summarvof Information:
Streetlight requests from individual citizens or civic groups are received in
the Department of Environmental Engineering. Staff requests cost quotations
from Dominion 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;
CONTINUED NEXT PAGE
Title: Director. Environmental Enaineerina
Attachments:
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2 of 2
Summarvof Information: (Continued}
2. 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;
3. 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 irrunediately adjacent to the
intersection.
Cost quotations from Dominion 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 Dominion Virginia Power to install the streetlight. A denial of a
project will result in its cancellation and the District Improvement Fund
will be charged the design cost shown; staff will notify the requestor of the
denial. Projects cannot be deferred for more than 30 days due to quotation
expiration. Quotation expiration has the same effect as a denial.
CLOVER HILL DISTRICT:
Deferred from the December 13, 2006, meeting:
. In the Southport Business Park, on Research Road, in the vicinity
of 720, on the existing pole
Cost to install streetlight: $210.39
(Design Cost: $110.92)
For information regarding available balances in the District Improvement
Fund accounts, please reference the District Improvement Fund Report.
000020
STREETLIGHT REQUEST
Clover Hill District
Request Received: August 3, 2006
Estimate Requested: August 4, 2006
Estimate Received: November 22, 2006
Days Estimate Outstanding: 110
NAME OF REQUESTOR: Ms. Angela Hope
ADDRESS: Southport Association
PO Box 1 053
Midlothian, VA 231131
REQUESTED LOCATION:
Research Road, vicinity of 720
Cost to install streetlight: $210.39
POLICY CRITERIA:
Intersection: Not Qualified, location is not an intersection
Vehicles Per Day: Qualified
Petition: Not Required, no residents within 200 feet
Requestor Comments:
"The safety of our business owners and employees are a top priority for the Southport
Association. We have identified areas within our office park that need more lighting."
Staff Comments:
This cost approval was deferred from the December 13,2006, Board meeting.
000021.
Streetlight Request Map
January 1 0, 2007
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BUS/NESS CEN'{e~
Streetlight Legend
+ existing light
e requested light
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This ma p shows citize ~ re qu e.sted
51 re etli g ht inst allati 0 n s In r elatlO n
to existing streetlights.
Existin 9 streetlig ht info rmation was
obtain ed from th e C hesterfie Id Co unty
Environ menta I Engin eering 0 ep artme nt.
T his map is a cop y ri 9 h t e d p ro d u ~t 0 f
the Chesterfield County GIS Office.
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 4
Meeting Date: January 10, 2007
Item Number: 9.A.
Subiect: Streetlight Installation Cost Approvals
County Administratorls Comments:
County Administrator:
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Board Action Reauested:
This item requests Board approval of new streetlight installations in the
Bermuda, Clover Hill, Matoaca, and Midlothian Districts.
Summarvof Information:
Streetlight requests from individual citizens or C1V1C groups are received in
the Department of Environmental Engineering. Staff requests cost quotations
from Dominion 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;
CONTINUED NEXT PAGE
Title: Director. Environmental Enaineerina
Attachments:
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2 of 4
Summarvof Information: (Continued\
2. 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;
3. 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 Dominion 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 Dominion Virginia Power to install the streetlight. A denial of a
project will result in its cancellation and the District Improvement Fund
will be charged the design cost shown; staff will notify the requestor of the
denial. Projects cannot be deferred for more than 30 days due to quotation
expiration. Quotation expiration has the same effect as a denial.
BERMUDA DISTRICT:
. In the Fan Court Subdivision, on Cliff Lawn Drive in the vicinity of
11525 on the existing pole
Cost to install streetlight: $449.44
(Design Cost: $110.92)
Does not meet minimum criteria for intersection or vehicles per day
CLOVER HILL DISTRICT:
. In the Southport Business Park:
o On Research Road, Pole NB-43
Cost to install streetlight: $103.48
(Design Cost: $110.92)
Does not meet minimum criterion for intersection
CONTINUED NEXT PAGE
000024
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 3 of 4
Summarvof Information: (Continued}
CLOVER HILL DISTRICT (Continued):
. In the Southport Business Park (continued):
o At the intersection of Branchway Road and Business Center Drive
Cost to install streetlight: $1,349.53
(Design Cost: $221.84)
Meets minimum criteria
o At the intersection of Research Road and Trade Road
Cost to install streetlight: $616.44
(Design Cost: $110.92)
Meets minimum criteria
MATOACA DISTICT:
. At the dead-end of Laurel Road
Cost to install streetlight: $154.24
(Design Cost: $110.92)
Does not meet minimum criteria for intersection or vehicles per day
. Chesterfield Plaza, in the vicinity of 20811, on pole QH-96
Cost to install streetlight: $240.03
(Design Cost: $110.92)
Does not meet minimum criteria for intersection and vehicles per day
. In the Brandy Oaks subdivision:
o At the intersection of Marshall pointe Trail and walkmill Reach
Trail
Cost to install streetlight: $1,865.13
(Southside Electrical Cooperative area, no charge for design)
Meets minimum criteria
o At the intersection of Walke pointe Way and walkmill Reach Trail
Cost to install streetlight: $350.88
(Southside Electrical Cooperative area, no charge for design)
Meets minimum criteria
CONTINUED NEXT PAGE
000025
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 4 of 4
Summarvof Information: (Continuedl
MATOACA DISTICT (Continued):
. In the Brandy Oaks subdivision (Continued):
o At the intersection of Meredith pointe Way and Walkmill Reach
Trail
Cost to install streetlight: $4,362.63
(Southside Electrical Cooperative area, no charge for design)
Meets minimum criteria
o In the cul-de-sac of Marshall pointe Trail, vicinity of 13312
Cost to install streetlight: $1,447.63
(Southside Electrical Cooperative area, no charge for design)
Does not meet mdnimum criteria for intersection or vehicles per
day
MIDLOTHIAN DISTICT:
. Elkhardt Road, in the vicinity of 8200, on the existing pole
Cost to install streetlight: $606.71
(Design Cost: $110.92)
Does not meet minimum criterion for intersection
For information regarding available balances in the District Improvement
Fund accounts, please reference the District Improvement Fund Report.
000026
STREETLIGHT REQUEST
Bermuda District
Request Received: July 13, 2006
Estimate Requested: July 13, 2006
Estimate Received: December 12, 2006
Days Estimate Outstanding: 152
NAME OF REQUESTOR: Ms. Sarah B. Mick
ADDRESS: 11525 Cliff Lawn Drive
Chester, VA 23831
REQUESTED LOCATION:
Cliff Lawn Drive, vicinity of 11525
Cost to install streetlight: $449.44
POLICY CRITERIA:
Intersection: Not Qualified, location is not an intersection
Vehicles Per Day: Not Qualified, less than 400 vehicles per day
Petition: Qualified
Requestor Comments:
"This is a really dark area and strangers sometimes park around the curve and walk down
towards our home. The police have been called in the past to investigate situations that
residents question. We feel that street lighting will be of great benefit to all."
000027
Streetlight Request Map
January 1 0, 2007
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This map is a co pyrighted produ~t of
th e Chesterfie Id Co unty GIS Office.
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This map shows citize n re qu e.sted
s1re etlight installatio ns in relatlo n
to existing streetlights.
Existin g streetlig ht info rmation was
o bt a i n e d fro m th e C he st e rfi e Ide 0 un ty
Environ menta I Engineering 0 ep artme nt.
Streetlight Legend
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e requ ested Ii ght
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OOOOZ8
STREETLIGHT REQUEST
Clover Hill District
Request Received: August 3, 2006
Estimate Requested: August 4, 2006
Estimate Received: December 12, 2006
Days Estimate Outstanding: 130
NAME OF REQUESTOR: Ms. Angela Hope
ADDRESS: South port Association
PO Box 1 053
Midlothian, VA 231131
REQUESTED LOCATION:
Research Road, existing pole NB-43
Cost to install streetlight: $103.48
POLICY CRITERIA:
Intersection: Not Qualified, location is not an intersection
Vehicles Per Day: Qualified
Petition: Not Required, no residents within 200 feet
Requestor Comments:
"The safety of our business owners and employees are a top priority for the Southport
Association. We have identified areas within our office park that need more lighting."
OOOOZ9
STREETLIGHT REQUEST
Clover Hill District
Request Received: August 3, 2006
Estimate Requested: August 4, 2006
Estimate Received: December 12, 2006
Days Estimate Outstanding: 130
NAME OF REQUESTOR: Ms. Angela Hope
ADDRESS: Southport Association
PO Box 1 053
Midlothian, VA 231131
REQUESTED LOCATION:
Branchway Road and Business Center Drive
Cost to install streetlight: $1 ,349.53
POLICY CRITERIA:
Intersection: Qualified
Vehicles Per Day: Qualified
Petition: Not Required, no residents within 200 feet
Requestor Comments:
"The safety of our business owners and employees are a top priority for the South port
Association. We have identified areas within our office park that need more lighting."
000030
STREETLIGHT REQUEST
Clover Hill District
Request Received: August 3, 2006
Estimate Requested: August 4, 2006
Estimate Received: December 12, 2006
Days Estimate Outstanding: 130
NAME OF REQUESTOR: Ms. Angela Hope
ADDRESS: Southport Association
PO Box 1 053
Midlothian, VA 231131
REQUESTED LOCA liON:
Research Road and Trade Road
Cost to install streetlight: $616.44
POLICY CRITERIA:
Intersection: Qualified
Vehicles Per Day: Qualified
Petition: Not Required, no residents within 200 feet
Requestor Comments:
"The safety of our business owners and employees are a top priority for the Southport
Association. We have identified areas within our office park that need more lighting."
000031.
Streetlight Request Map
January 1 0, 2007
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This map is a co pyrighted p rod u~t of
th a Chesterfie Id Co unty GI S Office.
Streetlight Legend
+ existing light
e requ ested Ii ght
This map shows citize n re qu e.stad
stre etlight installatio ns in relatlo n
to existing streetlights.
Existing streetlig ht info rmation was
obtained from the Chesterfield County
Environmental En gin eering D epartme nt.
0000.:32
STREETLIGHT REQUEST
Matoaca District
Request Received: January 31, 2005
Estimate Requested: January 31,2005
Estimate Received: December 19, 2006
Days Estimate Outstanding: 687
NAME OF REQUESTOR: Lonnie Johnson
ADDRESS: 20811 Chesterfield Plaza
Ettrick, VA 23803
REQUESTED LOCATION:
Chesterfield Plaza, vicinity of 20811
Cost to install streetlight: $240.03
POLICY CRITERIA:
Intersection: Not Qualified, location is not an intersection
Vehicles Per Day: Not Qualified, less than 600 vehicles per day
Petition: Qualified
Requestor Comments: Requestor states: "This is a dark area below the road level of the
overpass at the railroad tracks in Ettrick."
000033
STREETLIGHT REQUEST
Matoaca District
Request Received: January 31, 2005
Estimate Requested: January 31, 2005
Estimate Received: December 18, 2006
Days Estimate Outstanding: 686
NAME OF REQUESTOR: Lonnie Johnson
ADDRESS: 20811 Chesterfield Plaza
Ettrick, VA 23803
REQUESTED LOCATION:
Laurel Road at the dead end near the railroad tracks
Cost to install streetlight: $154.24
POLICY CRITERIA:
Intersection: Not Qualified, location is not an intersection
Vehicles Per Day: Not Qualified, less than 600 vehicles per day
Petition: Qualified
Requestor Comments: "This is a dark area where people walk down to the end of Laurel Road
where it goes behind the shopping center and then cross over the railroad tracks to reach the
end of Chesterfield Plaza."
000034
Streetlight Request Map
January 1 0, 2007
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This map is a co pyrighted p rod u~t of
th e Ch esterfield County GI S Office.
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Streetlight Legend
+ existing light
e requested light
This map shows citizen reque.sted
stre etlight installatio ns in relatlo n
to existing streetlights.
Existing streetlight information was
obtained from the Chesterfie Id County
Environ menta I Engineering 0 ep artme nt.
000035
STREETLIGHT REQUEST
Matoaca District
Request Received: March 2, 2005
Estimate Requested: March 2, 2005
Estimate Received: December 4, 2006
Days Estimate Outstanding: 642
NAME OF REQUESTOR: Mr. Bryant Eberwein
ADDRESS: Brandy Oaks Homeowners Association
13601 Brandy Oaks Road
Chesterfield, VA 23832
REQUESTED LOCATION:
Intersection of Marshall Pointe Trail and Walkmill Reach Trail
Cost to install streetlight: $1 ,865.13
POLICY CRITERIA:
Intersection: Qualified
Vehicles Per Day: Qualified
Petition: Qualified
Requestor Comments: "Our neighborhood has experienced increased vandalism and crime
within the last 6 to 9 months."
000036
STREETLIGHT REQUEST
Matoaca District
Request Received: March 2, 2005
Estimate Requested: March 2, 2005
Estimate Received: December 4, 2006
Days Estimate Outstanding: 642
NAME OF REQUESTOR: Mr. Bryant Eberwein
ADDRESS: Brandy Oaks Homeowners Association
13601 Brandy Oaks Road
Chesterfield, VA 23832
REQUESTED LOCATION:
Intersection of Walke Point Trail and Walkmill Reach Trail
Cost to install streetlight: $350.88
POLICY CRITERIA:
Intersection: Qualified
Vehicles Per Day: Qualified
Petition: Qualified
Requestor Comments: "Our neighborhood has experienced increased vandalism and crime
within the last 6 to 9 months."
00003.7
STREETLIGHT REQUEST
Matoaca District
Request Received: March 2, 2005
Estimate Requested: March 2, 2005
Estimate Received: December 4, 2006
Days Estimate Outstanding: 642
NAME OF REQUESTOR: Mr. Bryant Eberwein
ADDRESS: Brandy Oaks Homeowners Association
13601 Brandy Oaks Road
Chesterfield, VA 23832
REQUESTED LOCATION:
Intersection of Meredith Pointe Way and Walkmill Reach Trail
Cost to install streetlight: $4,362.63
POLICY CRITERIA:
Intersection: Qualified
Vehicles Per Day: Not Qualified, less than 600 vehicles per day
Petition: Qualified
Requestor Comments: "Our neighborhood has experienced increased vandalism and crime
within the last 6 to 9 months."
000038
STREETLIGHT REQUEST
Matoaca District
Request Received: April 11, 2006
Estimate Requested: April 12, 2006
Estimate Received: December 4, 2006
Days Estimate Outstanding: 237
NAME OF REQUESTOR: Mr. and Mrs. Douglas Conner
ADDRESS: 13312 Marshall Pointe Trail
Chesterfield, VA 23832
REQUESTED LOCATION:
Marshall Pointe Trail, in the vicinity of 13312
Cost to install streetlight: $1 ,447.63
POLICY CRITERIA:
Intersection: Not Qualified, location is not an intersection
Vehicles Per Day: Not Qualified, less than 600 vehicles per day
Petition: Qualified
Requestor Comments: "Our cul-de-sac has experienced increased unidentified cars coming in
and sitting at night. A light may help discourage this practice."
000039
Streetlight Request Map
January 1 0, 2007
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This map is a co pyrighted p rodu~t of
th e Ch estetfie Id Co unty GI S Office.
N
This map shows citize n re qu e.sted
stre etlight installatio ns in relatlO n
to existing streetlights.
Existin 9 streetlig ht info rmation was
o bt a i n e d fro m th e C he st e rfi e Ide 0 un ty
Environ mental En gineering 0 epartme nt.
Streetlight Legend
+ existing light
e requested light
000040
STREETLIGHT REQUEST
Midlothian District
Request Received: June 6, 2006
Estimate Requested: June, 6, 2006
Estimate Received: August 15, 2006
Days Estimate Outstanding: 38
NAME OF REQUESTOR: Ms. Sherrie Ingram
ADDRESS: 8200 Elkhardt Road
Richmond, VA 23235
REQUESTED LOCATION:
Elkhardt Road, vicinity of 8200
Cost to install streetlight: $606.71
POLICY CRITERIA:
Intersection: Not Qualified, location is not an intersection
Vehicles Per Day: Qualified
Petition: Not required, no other residences within 200 feet
Requestor Comments:
"People are pulling their cars into my driveway and sitting at night. In the morning I have to pick
up the broken bottles and other trash they leave. There have been incidents of peeping toms
coming up the driveway and lurking around my house. The police have been called on these
matters and have suggested a light at this location."
00004:1
/
/
Streetlight Request Map
January 1 0, 2007
This map is a co pyrighted p rodu~t of
th e Chesterfield County 81 S Office.
N
Streetlight Legend
+ existing light
e requested light
This map shows citize~ re qu e,sted
stre etlight installatio ns In relatlo n
to existing streetlights.
Existin 9 streetlig ht info rmation was
o bt a i n e d fro m th e C he st e rfi e 1 d Co un ty
Environ menta 1 Engin eering D ep artment.
000042
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: January 10,2007
Item Number: 9.8.1.8.
Subiect:
Resolution Recognizing Lieutenant Darrell C. Vaughn, Chesterfield Fire and
Emergency Medical Services Department, Upon His Retirement
County Administratorls Comments:
County Administrator:
~
Board Action Reauested:
Adoption of the attached resolution.
Summarv of Information:
Staff requests that the Board of Supervisors recognize Lieutenant Darrell C.
Vaughn, Chesterfield Fire and Emergency Medical Services Department for 29
years of dedicated service to the citizens of Chesterfield County.
Preparer:
R. Michael Hatton
Title:
Deputv Fire Chief
Attachments:
. Yes
DNO
#
000043
RECOGNIZING LIEUTENANT DARRELL C. "CATFISH" VAUGHN
UPON HIS RETIREMENT
WHEREAS, Lieutenant Darrell Craig "Catfish" Vaughn retired from
the Fire and Emergency Medical Services Department, Chesterfield
County, on November 1, 2006; and
WHEREAS, Lieutenant Vaughn attended Recruit School #8 in 1977 and
has fai thfully served the county for twenty-nine years in various
assignments; as a Firefighter at the Bon Air, Manchester, and Dutch
Gap Fire and EMS Stations; and
WHEREAS, Lieutenant Vaughn was promoted to Sergeant in 1986 and
later reclassified to Lieutenant and served in these capacities at the
Dutch Gap, Centralia Road and Matoaca Fire and EMS Stations, and
WHEREAS, Lieutenant Vaughn served as a dedicated member of the
Scuba Rescue Team since 1981 and the department's Technical Rescue
Team since its inception; and
WHEREAS, Lieutenant Vaughn saved the life of a citizen while off
duty at Lake Chesdin, by rescuing a drowning victim on the bottom of
the lake and administering rescue breathing; and
WHEREAS, Lieutenant Vaughn was recognized with Emergency Medical
Services awards for his actions in saving the lives of citizens
involved in motor vehicle accidents in October 1993, November 2002,
and October 2004; and
WHEREAS, Lieutenant Vaughn was recognized with Emergency Medical
Services awards for his role in saving the life of a child in
respiratory arrest in May 2002, and for his role in saving the life of
a citizen in cardiac arrest in June 2003; and
WHEREAS, Lieutenant Vaughn was recognized for his actions on
April 11, 1998 with an Emergency Medical Services award in the
successful rescue of three patients from an overturned canoe in the
Appomattox River; and his actions in the August 30, 2004 rescue of
three victims trapped by floodwaters during Tropical Storm Gaston.
NOW, THEREFORE BE IT RESOLVED that the Chesterfield County Board
of Supervisors recognizes the contributions of
Craig Vaughn, expresses the appreciation of all
service to the county, and extends appreciation
service and congratulations upon his retirement.
Lieutenant Darrell
residents for his
for his dedicated
000044
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-
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: January 10,2007
Item Number: 9.B.1.b.
Subiect:
Resolution Recognizing Mayor J. Chris Kollman III, City of Colonial Heights,
Upon His Retirement
County Administrator1s Comments:
County Administrator:
ch(
Board Action Reauested:
Adoption of the attached resolution.
Summarv of Information:
Mr. King requests that the Board of Supervisors adopt this resolution
recognizing outgoing Mayor J. Chris Kollman III, City of Colonial Heights.
Pre parer:
Donald J. Kappel
Title: Director. Public Affairs
Attachments: . Yes
DNO
#
000045
RECOGNIZING MAYOR J. CHRIS KOLLMAN III FOR HIS OUTSTANDING
LEADERSHIP IN THE CITY OF COLONIAL HEIGHTS AND THE REGION
WHEREAS, Chesterfield County values its strong and mutually
beneficial relationship with the City of Colonial Heights; and
WHEREAS, Mr. J. Chris Kollman III has been a noteworthy leader in
the City of Colonial Heights since being elected to City Council in 1976;
and
WHEREAS, in addition to his service on the City Council, Mr. Kollman
served two terms as mayor and two terms as vice-mayor; and
WHEREAS, Mr. Kollman proudly served his country in the U. S. Army
before that; and
WHEREAS, Mr. Kollman's leadership and dedication to public service
has left the City of Colonial Heights, and the Tri-Cities, a better place;
and
WHEREAS, as Mayor, Mr. Kollman worked diligently on innumerable
civic and school improvements, economic development, city beautification
projects and other efforts that will leave the mark of his positive
leadership on the city for many years to come; and
WHEREAS, among the many notable accomplishments he helped bring to
fruition are Southpark Mall, the Colonial Heights Library, the Government
Center, renovation of the old City Hall Building for use by Public Safety,
and more; and
WHEREAS, Mayor Kollman also served on such varied organizations as
the Transportation Safety Commission, the Youth Services Commission, the
Chesterfield-Colonial Heights Board of Social Services, the Governor's
Northern Virginia Base Realignment and Closure Working Group, the Juvenile
and Domestic Violence Task Force and the Virginia Fire Services Board; and
WHEREAS, Mayor Kollman has decided not to seek an eighth term on the
Colonial Heights City Council, and will be missed by his many friends and
professional acquaintances; and
WHEREAS, it is appropriate to recognize Mayor Kollman for his
exceptional public service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of
Supervisors recognizes Mayor J. Chris Kollman for his outstanding
leadership in the City of Colonial Heights and the region, for the many
contributions he has made to the overall quality of life in the region,
and extends to Mayor Kollman and his family best wishes for continued
happiness and success.
000046
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: January 10, 2007
Item Number: 9.B.1.c.
Subiect:
Adoption of Resolution Recognizing Mr. Michael Glenn Sepelyak Upon Attaining
Rank of Eagle Scout
County Administrator1s Comments:
County Administrator:
~
Board Action ReQuested:
Adoption of attached resolution.
Summarvof Information:
Staff has received a request for the Board to adopt a resolution recognizing
Mr. Michael Glenn Sepelyak, Troop 806, upon attaining the rank of Eagle
Scout.
Attachments:
Lisa Elko
. Yes
Title: Clerk to the Board
Preparer:
DNO
#
000047
RECOGNIZING MR. MICHAEL GLENN SEPELYAK 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. Michael Glenn Sepelyak, Troop 806, sponsored by
Woodlake united Methodist 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, Michael 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 recognizes Mr. Michael Glenn Sepelyak, extends
congratulations 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.
000048
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: January 10, 2007
Item Number: 9.B.1.d.
Subiect:
Resolution Recognizing Ms. Sheila Diane Howard, Department of Social
Services, Upon Her Retirement
County Administrator1s Comments:
County Administrator:
0~
Board Action Reauested:
Staff requests the Board adopt the attached resolution.
Summarvof Information:
Staff requests the Board adopt the attached resolution recognlzlng Sheila
Diane Howard for 20 years of service to Chesterfield/Colonial Heights
Department of Social Services.
Preparer:
Sarah C. Snead
Title: Director-Social Services
Attachments:
. Yes
DNO
#
000049
RECOGNIZING MS. SHEILA DIANE HOWARD UPON HER RETIREMENT
WHEREAS, Ms. Sheila Diane Howard began her career in public
social services 21 years ago and has served the county in the field of
Child Welfare, Family and Adult Services since January 5,1987; and
WHEREAS, in her role as social worker, Ms . Howard has worked
diligently with individuals, families, and the community to provide
advocacy and excellent services that protect the well-being of
families, adults, and people with disabilities; and
WHEREAS, Ms . Howard has dedicated her professional career to
enhancing the quality of life for individuals, families and adults
while offering supportive services, helping citizens to resolve their
emergency needs, and treating each and every individual with respect
and dignity; and
WHEREAS, throughout her career, Ms. Howard has served on several
committees, task forces and department goal groups, and actively
participated in the Better Beginnings Coalition, the Safe Place
Lifeline Committee, and the Pregnancy Prevention Coalition; and
WHEREAS, Ms. Howard was the first Placement Diversion Specialist
to work in the Child Protective Services ongoing unit; and
WHEREAS, Ms. Howard was instrumental in the development and
formation of the Service Intake Unit and was an exemplary team member;
and
WHEREAS, Ms . Howard has been a di,ligent social worker who was
committed to the vision, mission and values of the department; and
WHEREAS, Ms .
professionalism for
County.
Howard has been
her colleagues
a
in
role
and
model
outside
of
of
teamwork and
Chesterfield
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board
of Supervisors recognizes the outstanding contributions of Ms. Sheila
Diane Howard, expresses the appreciation of all residents for her
service to the county, and offers congratulations upon her retirement.
000050
R
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 2
Meeting Date: January 10, 2007
Item Number: 9.B.2.a.
Subiect:
Set a Public Hearing for February 14, 2007, to Consider Lease of Hangar Space
to the Drug Enforcement Administration, ("DEA")
County Administrator:
f2~uz! f ~ / 'f
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County Administrator1s Comments:
Board Action Reauested:
The Board is requested to set a public hearing for February 14, 2007, to
consider lease of hangar space to the Drug Enforcement Administration
("DEA") .
Summarvof Information:
The Drug Enforcement Administration, ("DEA") has requested to enter into a
lease agreement with the county for hangar space at the airport. DEA will
pay the county $7,200 per year in $600 monthly payments for the leased space
located in the Bravo Hangar. The initial term will be ten (10) years with a
right to terminate the lease with a 30-day written notice by either party.
Staff recommends setting a public hearing for February 14, 2007.
Preparer: Francis M. Pitaro
Title: Director, General Services
Attachments:
. Yes
DNO
#
000051
e
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2 of 2
Meeting Date: January 10, 2007
Budaet and Manaaement Comments:
This item requests that the Board set a public hearing date of February 14,
2007 to consider authorizing an agreement wi th the Drug Enforcement
Administration (DEA) and the County Airport for leased space in the Bravo
hangar. Monthly payments of $600 to total $7,200 annually will be
collected and the term will be for ten (10) years.
Preparer:
Allan M. Carmody
Title: Director. Budaet and Manaaement
000052
STANDARD FORM 2
FEBRUARY 1965 EDITION
GENERAL SERVICES
ADMINISTRATION
FPR (41 CFR) 1 ~ 16.601
u.s. GOVERNMENT
LEASE FOR REAL PROPERTY
DATE OF LEASE
I LEASE NO.
GS..03B..06369
THIS LEASE, made and entered into this date by and between
County of Chesterfield
whose address is
Chesterfield County Airport
7511 Airfield Drive
Richmond, Virginia 23237
and whose interest in the property hereinafter described is that of owner,
hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government:
WITNESSETH: The parties hereto for the consideration hereinafter mentioned, covenant and agree as follows:
1. The Lessor hereby leases to the Government the following described premises:
A total of 1,700 ANSI/BOMA Office Area square feet of Aircraft Hangar and related space located within the Bravo
Hangars, Chesterfield County Airport, 7511 Airfield Drive, Richmond, Virginia 23237.
to be used for SUCH PURPOSES AS DETERMINED BY THE GOVERNMENT.
2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on March 1, 2007 through
February 28, 2017, subject to termination and renewal rights as may be hereinafter setforth.
3. The Government shall pay the Lessor annual rent of $7,200.00 at the rate of $600.00 per month in arrears. Rent for a
lesser period shall be prorated. Rent checks shall be made payable to:
County of Chesterfield
Chesterfield County Airport
7511 Airfield Drive
Richmond, Virginia 23237
4. The Lessor shall furnish to the Government, as part of the rental consideration, the following:
· Fully Functional Hangar Space to house a B0105LS Helicopter.
· One (1) Parking Space.
· Storage Space for minimal supplies.
· All required utilities, services, operations, repairs, maintenance, janitorial, trash removal, and other
considerations required to fully operate the above described requirements.
STANDARD FORM 2
FEBRUARY 1965 EDITION
INITIALS: LESSOR
Q4JJJ,P53
5. The Government may terminate this lease at any time by giving at least 30 Calendar days notice in writing to the
Lessor and no rental shall accrue after the effective date of termination. Said notice shall be computed
commencing with the day after the date of mailing.
6. Rental Rate Escalations:
Beginning with the second year of the lease and each year after, the Government shall pay adjusted rent. The
amount of adjustment will be determined by multiplying the base rate by the percent of change in the Cost of Living
Index. The percent change will be computed by comparing the index figure published for the month prior to the
lease commencement date with the index figure published for the month which begins each successive 12..month
period. For example, a lease which commences in June of 1985 would use the index published for May of 1985
and that figure would be compared with the index published for May of 1986, May of 1987, and so on, to determine
the percent change. The Cost of Living Index will be measured by the U.S. Department of Labor revised
Consumer Price Index for wage earners and clerical workers, U.S. City average, all items figure, (1982...84 = 100)
published by the Bureau of Labor Statistics. Payment will be made with the monthly installment of fixed rent.
Rental adjustments will be effective on the anniversary date of the lease. Payment of the adjusted rental rate will
become due on the first workday of the second month following the publication of the Cost of Living Index for the
month prior to the lease commencement date. In the event of any decreases in the Cost of Living Index occurring
during the term of the occupancy under the lease, the rental amount will be reduced accordingly. The amount of
such reductions will be determined in the same manner as increases in rent provided under this clause.
7. For purposes of determining the base rate for future adjustments to the annual rental, the Government agrees that
$7.200.00 is acceptable. The basis for annual escalations will be the revised U.S. All Cities Average Consumer
Price Index for Wage Earners and Clerical Workers.
8. The Government agrees to abide by the rules and regulations posted by the Chesterfield County Airport in the
publication dated August 24, 1993.
9. The following pages are attached and made a part hereof:
A) Standard Form 2 (FEBRUARY 1965 EDITION) - 2 pages
B) GSA Form 3517A (REV 11/05) - 2 pages
C) GSA Form 3518A (REV 7/04) - 3 pages
10. This Lease contains a total of seven (7) pages.
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written.
LESSOR: County of Chesterfield
BY
( Signature)
( Signature)
IN PRESENCE OF:
(Signature) (Address)
UNITED STATES OF AMERICA General Services Administration, Chesapeake Service Center
( Signature)
ContractinQ Officer
(Official title)
BY
STANDARD FORM 2
FEBRUARY 1965 EDITION
of
7
000054
PAGE .-:-
~
INITIALS: LESSOR_ & GOV'T_
GENERAL CLAUSES
(Simplified Leases)
(Acquisition of leasehold Interests in Real Property for leases Up to $100,000 Net Annual Rent)
1 . The Government reserves the right, at any time after the lease is signed and during the term of the
lease, to inspect the leased premises and all other areas of the building to which access is
necessary to ensure a safe and healthy work environment for the Government tenants and the
Lessor's performance under this lease.
2. If the building is partially or totally destroyed or damaged by fire or other casualty so that the leased
space is untenantable as determined by the Government, the Government may terminate the lease
upon 15 calendar days written notice to the lessor and no further rental will be due.
3. The Lessor shall maintain the demised premises, including the building, building systems, and all
equipment, fixtures, and appurtenances furnished by the lessor under this lease, in good repair
and tenantable condition. Upon request of the Contracting Officer, the Lessor shall provide written
documentation that building systems have been maintained, tested, and are operational.
4. In the event the Lessor fails to perform any service, to provide any item, or meet any requirement of
this lease, the GQ-yernment may perform the service, provide the item, or meet the requirement,
either directly or through a contract. The Government may deduct any costs incurred for the service
or item, including administrative costs, from rental payments.
5. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (VARIATION) (DEC 2003)
This contract incorporates one or more clauses by reference, with the same force and effect as if
they were given in full text. Upon request, the Contracting Officer will make the full text available, or
the full text may be found as GSA Form 3517C at http://www.qsa.qov/leasinaform.
GSAR 552-203-5
6. The following clauses are incorporated by reference:
GSAR 552-203-70
FAR 52.204-7
FAR 52.209-6
FAR 52.219-9
FAR 52.219-16
GSAR 552.219-72
GSAR 552.219-73
INITIALS:
LESSOR
COVENANT AGAINST CONTINGENT FEES (FEB 1990)
(Applicable to leases over $100,000.)
PRICE ADJUSTMENT FOR IllEGAL OR IMPROPER ACTIVITY (SEP 1999)
(Applicable to leases over $100,000.)
CENTRAL CONTRACTOR REGISTRATION (OCT 2003) (VARIATION)
PROTECTING THE GOVERNMENT'S INTEREST WHEN
SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED,
OR PROPOSED FOR DEBARMENT (JAN 2005)
(Applicable to leases over $25,000.)
SMALL BUSINESS SUBCONTRACTING PLAN (JUL 2005)
(Applicable to leases over $500,000.)
liQUIDATED DAMAGES-SUBCONTRACTING PLAN (JAN 1999)
(Applicable to leases over $500,000.)
PREPARATION, SUBMISSION, AND NEGOTIATION OF
SUBCONTRACTING PLANS (JUN 2005)
(Applicable to leases over $500,000 if solicitation requires submission of the
subcontracting plan with initial offers.)
GOALS FOR SUBCONTRACTING PLAN (JUN 2005)
(Applicable to leases over $500,000 if solicitation does not require
submission of the subcontracting plan with initial offers.)
PAGE ~ ~O~055
&
GOVERNMENT
GSA FORM 3517A PAGE 1 (REV 11/05)
FAR 52.222-26 EQUAL OPPORTUNITY (APR 2002)
(Applicable to leases over $10,000.)
FAR 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)
(Applicable to leases over $10,000.)
FAR 52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS
OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (DEC 2001)
(Applicable to leases over $25,000.)
FAR 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABiliTIES (JUN 1998)
(Applicable to leases over $10,000.)
FAR 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS,
VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS
(DEe 2001)
(Applicable to leases over $25,000.)
FAR 52.232-23 ASSIGNMENT OF CLAIMS (SEP 1999)
(Applicable to leases over $2,500.)
GSAR 552.232-75 PROMPT PAYMENT (SEP 1999)
GSAR 552.232-76 ELECTRONIC FUNDS TRANSFER PAYMENT (MAR 2000) (VARIATION)
FAR 52.233-1 DISPUTES (JUL 2002)
FAR 52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (OCT 1997)
(Applicable when cost or pricing data are required for work or services over
$500,000.)
FAR 52.215-12 SUBCONTRACTOR COST OR PRICING DATA (OCT 1997)
(Applicable when the clause at FAR 52.215-10 is applicable.)
The information collection requirements contained in this solicitation/contract, that are not required by
regulation, have been approved by the Office of Management and Budget pursuant to the Paperwork
Reduction Act and assigned the OMS Control No. 3090..0163.
INITIALS:
LESSOR
&
GOVERNMENT
PAGE ~ of 7
GSA FORM 3517A PAGE 2 (REV 11/Q00056
REPRESENTA'"rIONS AND CERTIFICf\TIONS (Short Form)
(Simplified Acquisition of Leasehold Interests in Real Property for
Leases Up to $100,000 Annual Rent)
Solicitation Number
Dated
6V A0214
09/18/2006
C0l11plete appropriate boxes. sign the jiJrJll, alld attach to offer.
The Offeror Inakes the following Representations llnd Certljications. NOTE: The "Offeror," as used 011 this fOrln, is the owner oj'the
property offered, not an individual or agent representing the owner.
1. SMALL BUSINESS REPRESENTATION (DEC 2003)
(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 531190.
(2) The small business size standard applicable to this acquisition is average annual gross revenues of $17.5 million
of less for the preceding three fiscal years.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a
construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500
employees.
(b) Representations.
(1) The Offeror represents as part of its offer that it [ ] is, [X] is not a small business concern.
(2) [Complete only if the Offeror represented itself as a small business concern in paragraph (b)(1) of this provision.]
The Offeror represents, for general statistical purposes, that it [ ] is, [ ] is not, a small disadvantaged business concern
as defined in 13 CFR 124.1002.
(3) [Complete only if the Offeror represented itself as a small business concern in paragraph (b)(1) of this provision.]
The Offeror represents as part of its offer that it [ ] is, [ ] is not a women-owned small business concern.
(4) [Complete only if the Offeror represented itself as a small business concern in paragraph (b)(1) of this provision.]
The Offeror represents as part of its offer that it [ ] is, [ ] is not a veteran-owned small business concern.
(5) [Complete only if the Offeror represented itself as a veteran-owned small business concern in paragraph (b)(4) of
this provision.] The Offeror represents as part of its offer that it [ ] is, [ ] is not a service-disabled veteran-owned small
business concern.
(6) [Complete only if the Offeror represented itself as a small business concern in paragraph (b)(1) of this provision.]
The Offeror represents, as part of its offer, that-
(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified
HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership
and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business
Administration in accordance with 13 CFR part 126; and
(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in
paragraph (b)(6)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in
the joint venture. [The Offeror shall enter the name or names of the HUBZone small business concern or concerns that are
participating in the joint venture: .] Each HUBZone small business concern participating in the joint venture shall
submit a separate signed copy of the HUBZone representation.
2. 52.222..22 .. PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)
(Applicable to leases over $10,000.)
The Offeror represents that-
(a) It [X] has, [ ] has not participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this
solicitation;
(b) It [X] has, [ ] has not filed all required compliance reports; and
(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before
subcontract awards. (Approved by OMB under Control Number 1215-0072.)
3. 52.222..25.. AFFIRMATIVE ACTION COMPLIANCE (APR 1984)
(Applicable to leases over $10,000 and which include the clause at FAR 52.222-26, Equal Opportunity.)
The Offeror represents that-
LESSOI{
~.""'- - ....
GO'Vif ;
GSA Form 3518A (REV 7/04) PAGE
,....dr
000057
~ 7
~ of
,1 ii J.. 'il 1 LtL ~
!(~~Jl~.~~~
(a) It [X] has developed and has on file, [ ] has not developed and does not have on file, at each establishment affirmative action
programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or
(b) It [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the
Secretary of Labor. (Approved by OMS under Control Number 1215-0072.)
4. 52.203-11 - CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN
FEDERAL TRANSACTIONS (APR 1991)
(Applicable to leases over $100,000.)
(a) The definitions and prohibitions contained in the clause, at FAR 52.203-12, Limitation on Payments to Influence Certain Federal
Transactions, are hereby incorporated by reference in paragraph (b) of this certification.
(b) The Offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that on or after December 23, 1989,-
(1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress on his or her behalf in connection with the awarding of a contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;
(2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal
transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress on his or her behalf in connection with this solicitation, the Offeror shall complete and submit, with its offer,
OMS standard form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and
(3) He or she will include the language of this certification in all subcontract awards at any tier and require that all
recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly.
(c) Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, title
31, United States Code. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure
form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for
each such failure.
5. 52.204-3 - TAXPAYER IDENTIFICATION (OCT 1998)
(a) Definitions.
"Common parent," as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that
files its Federal income tax returns on a consolidated basis, and of which the Offeror is a member.
"Taxpayer Identification Number (TIN)," as used in this provision, means the number required by the Internal Revenue Service (IRS)
to be used by the Offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer
Identification Number.
(b) All Otterars must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection
requirements of 31 U.S.C. 7701 (c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041 A, and BOSOM, and implementing
regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition
Regulation (FAR) 4.904, the failure or refusal by the Offeror to furnish the information may result in a 31 percent reduction of payments
otherwise due under the contract.
(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the Offeror's relationship with
the Government (31 U.S.C. 7701 (c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904,
the TIN provided hereunder may be matched with IRS records to verify the accuracy of the Offeror's TIN.
(d) Taxpayer Identification Number (TIN).
[X] TIN: 54-6001208
[] TIN has been applied for.
[] TIN is not required because:
[] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively
connected with the conduct of a trade or business in the United States and does not have an office or place of
business or a fiscal paying agent in the United States;
[] Offeror is an agency or instrumentality of a foreign government;
[] Offeror is an agency or instrumentality of the Federal government;
(e) Type of organization.
] Sole proprietorship;
[ ] Partnership;
[ ] Corporate entity (not tax-exempt);
[ ] Corporate entity (tax-exempt);
[X] Government entity (Federal, State, or local);
[ ] Foreign government;
[ ] International organization per 26 CFR 1.6049-4;
[ ] Other
(f) Common Parent.
IN I:C I,l~:.LS
l '."-""__"~''''''-'- ~...______
GSA Form 3518A (REV 7/04)
000058
,;~j t ,1.,..~-
r 'r.'!; -~ r~ ,,'\ n
[Xl Offeror is not owned Of controlled by a common parent as defined in paragraph (a) of this provision.
[.J Name and TIN of common parent:
Name
TIN
6. 52.204-6 - Data Universal Numbering System (DUNS) Number (OCT 2003)
(a) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNSII or "DUNS+4"
followed by the DUNS number or "DUNS+411 that identifies the Offeror's name and address exactly as stated in the offer. The DUNS
number is a nine-digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS number plus a 4-character suffix that may
be assigned at the discretion of the Offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT)
accounts (see Subpart 32.11) for the same parent concern.
(b) If the Offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.
(1) An Offeror may obtain a DUNS number-
(i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at
htto://www.dnb.com; or
(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.
(2) The Offeror should be prepared to provide the following information:
(i) Company legal business name.
(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(Hi) Company physical street address, city, state and zip code.
(iv) Company mailing address, city, state and zip code (if separate from physical).
(v) Company telephone number.
(vi) Date the company was started.
(vii) Number of employees at your location.
(viii) Chief executive officer/key manager.
(ix) Line of business (industry).
(x) Company Headquarters name and address (reporting relationship within your entity).
7. DUNS NUMBER (JUN 2004)
Notwithstanding the above instructions, in addition to inserting the DUNS Number on the offer cover page, the Offeror shall also provide its
DUNS Number as part of this submission:
DUNS #
143332919
8. CENTRAL CONTRACTOR REGISTRATION (JUN 2004)
The Central Contractor Registration (CCR) System is a centrally located, searchable database which assists in the development,
maintenance, and provision of sources for future procurements. The Offeror must be registered in the CCR prior to lease award. The Offeror
shall register via the Internet at htto://www.ccr.aov. To remain active, the Offeror/Lessor is required to update or renew its registration annually.
Registration is active. Yes [X] No [] Will register [ ]
OFFEROR OR NAME, ADDRESS (INCLUDING ZIP CODE) TELEPHONE NUMBER
AUTHORIZED
REPRESENT A TIVE Charles E. Dane 804-743-0771
Chesterfield County Airport
7511 Airfield Drive
Rit:hITIond. V A 23860
Date
Signature
~
t"lZsistant Courltv l\ttorney
000059
l11~ IT r ~~I~;j
-_....._..,,',~ r~___
T. :::;"!.~ r~ ~'"!" T~ f"_1'\ 11 It :n
GSA Form 3518A (REV 7/04) PAGE
7
-
of
7
mB~'
.~ . -
~~.
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 2
Meeting Date: January 10, 2007
Item Number: 9.B.2.b.
Subiect:
Set Date for Public Hearing to Consider Proposed Amendments to Section 19-
638 of the Code of the County of Chesterfield, 1997, as Amended, pertaining
to Banners
County Administrator1s Comments:
ke~d ~ 1'1
~
County Administrator:
Board Action Reauested:
Board of Supervisors set February 14, 2007 for a public hearing to consider
amendments to the Code of the County of Chesterfield.
Summarv of Information:
The Planning COllUTlission held a public hearing on the proposed zoning
ordinance amendments on December 14, 2006. One citizen spoke regarding the
proposed amendment during the public hearing, expressing concerns about
sign code enforcement. The Planning Corrunission unanimously recollUTlended
approval of the proposed ordinance amendments. The proposed amendment would
increase the number and allowable display time of banners for non-profit
organizations.
Proposed Ordinance: The proposed ordinance amendment includes the following
changes:
1) The structure of the ordinance would be reorganized so that it is
divided topically.
2) Non-profit organizations would be allowed to display banners for
120 days per year. This would remove the existing requirement that
60 days of display time is allocated to the ~host" organization and
60 days of display time is allocated to a "guest" organization.
Preparer:
Kirkland A. Turner
Title: Director of Plannina
Attachments:
. Yes
DNO
# 00006'0
1925:72175.1
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2 of 2
3) Non-profi t organizations would be allowed to display two banners
simultaneously. The existing ordinance allows display of only one
banner at time per organization.
4) A banner application form would be required. The existing ordinance
already requires applicant notification and planning department
approval of proposed banners, but does not specify that an application
form is required.
5) Businesses and organizations located outside of a non-residential
community (shopping center) could display two banners when the
property is located on more than one arterial road -- one banner per
arterial road frontage.
6) Banners could advertise the same event(s). The existing ordinance
requires banners to advertise separate events.
000061.
1925:72175.1
ANORDmANCETOA~NDTHECODEOFTHECOUNTY
OF CHESTERFIELD, 1997, AS A~NDED, BY A~NDmG
AND RE-ENACTma SECTION 19-638 OF THE ZONma ORDmANCE
RELA TmG TO BANNERS
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
( 1 ) That Section 19-638 of the Code of the County of Chesterfield. 1997, as amended, is
amended and re-enacted to read as follows:
Sec. 19-638. Banners.
Banners do not require sign permits and are allo'y'-,ed so long as:
(a)
1925:73525.1
The applicant notifies the director of plaflRing in ':-,riting at least five business
days prior to the iRstallatiofl of a baRner of the size, area, proposed location and
maRRer of fastening of the baRner afld has received approyal, v/ith a designated
identification nlimber, for the banner. The banner shall ha\'e the identification
number afld the approved date of removal printed OB the banner iR one aFld a half
iRCA numbers iR the lo\ver right comer. .&^...ny baRBer installed ':,ithout prior
Rotifi0ation to and approyal of the director of planning shall be remo"ed
immediately upon Ratification by the planning department afld BO other baRBer
shall be displayed for 90 days. Banners shall not be attached to trees or shrubs.
(b)
.&\ single banIler not to exoeed 50 sq\iare feet in area may be used to advertise a
Be'.\' business 'y'.'hioh has not iastalled its permanent SigflS, pro'.'ided the banner is
used for one time period not to exceed 30 oonsecuti'.'e days.
(c)
.&^... single baRner not to exceed 50 square feet in area may be used to adyertise
special e'w'ents, pro',ided the banner is not usod for more than 30 consecuti'.'e days.
Such banners shall not be displayed more than 60 days total during a calendar
year on the same property aRd each baRRer must advertise a different e:-/ent. For
tenants in a nonresidential eommunity that have separate exterior customer
entrooees, each tenant is a separate entity for the purpose of this provision.
Tonaflts in nonresideRtial communities may erect a freestaflding banner in lieN of
a buildiFlg mounted booner so long as no mOre than t'...,o banners are erected for
the entire eommunity at the same time for each arterial street front. One additional
freestaflding banner may be erected for the solo purpose of ad\rertising the onsite
aoti',ities of nonprofit organizations. Businesses and orgaflizatioRs loeated outside
of a nonresidential community may erect a freestanding banner in lieu of a
building mounted banner. Such businesses aad organizations may reoei'/e 00
additional 60 days a year of bOORer display for the sole pHrpose of advertising the
onsite acti'w'ities of nonprofit organizatiofls. f... noaprofit activity using a "GeaRt site
may ereot one banBer up to ten days prior to the advertised e"eRt \vhicn shall be
remo'/ed immediately lipon oompletion of the evont.
(d)
BaRBers sololy advertising a business name andlor logo are prohibited.
000062
(e) The permissible area of a banner may be iR0reased for building mOllnted banners
in aocordance \vith the follo\ving:
(1) ORe square foot for each t'y'YO feet of store frontage iR excess of 100 feot,
provided that no baRRer shall exceed 150 square foet iR area.
(2) ORe square foot for each 50 feet the store is set baok from the nearest
public road, provided that 80 banner shall exooed 150 square feot iR aroa.
(3) BaRners may be up to 250 square feet in area 'yvithin village afoas \vhon
used to ad'/ertiso eommliRity eveRts aHd displa)fed aerOBE; pliblic roads.
Banners are permitted. subject to the following provisions:
(a) Banner puroose. Banners may advertise special promotions. community events or
new businesses. and shall not solely advertise a business name and/or logo.
(b) Avproval required. The applicant shall notify the director of plannin~ in writing at
least five business days prior to the installation of any banner. Such notification shall
be on an application form orescribed by the director of planning. and shall indicate
the size. area. proposed location and manner of fastenin2 of the banner. Once the
banner has been approved. a designated identification number shall be assigned to the
banner. The applicant shall print this number and the required date of removal in one
and half inch numbers on the lower right corner on the banner. Any banner installed
without prior approval of the director of planning shall be removed immediately upon
notification by the planning department. and no other banner shall be displayed on the
property by the same business or or2anization for 90 days.
(c) Number of banners vermitted. A maximum of one banner may be displayed at a time.
subiect to the followin~ exceptions:
1. One additional banner may be displayed for the sole puroose of advertising
the onsite activities of a nonprofit or~anization.
2. A maximum of two banners may be displayed for tenants of a non-residential
community or shopping center. alone each arterial road frontage. Each tenant
that has a separate exterior customer entrance is a separate entity for the
purpose of this provision. and may individually disDlay a maximum of one
banner at a time.
3. Businesses and oreanizations located outside of a non-residential community
or shoppine center. on properties fronting: on more than one arterial road. may
simultaneously display a maximum of two banners. with a maximum of one
banner per arterial road frontage.
(d) Size of banners permitted. The maximum permitted banner size is 50 square feet. The
permissible area may be increased in accordance with the following:
1925:73525.1
000063
(1 ) Building mounted banners may be increased one square foot for each two
feet of store frontage in excess of 100 feet~ provided that no banner shall
exceed 150 sauare feet.
(2) Buildin~ mounted banner banners may be increased one square foot for
each foot in excess of 50 feet the store is set back from the nearest public
road. provided that no banner shall exceed 150 square feet.
(3) Banners may be up to 250 square feet in area within villa~e areas when
used to advertise community events and displayed across public roads.
(e) Disvlav time permitted. Each permitted banner may be displayed a maximum of 30
consecutive days. subiect to the following additional provisions:
1. Banners advertising special promotions may be displayed an individual
maximum of 30 consecutive days per banner. and a cumulative maximum of
60 days during a calendar year on the same property.
2. Banners advertising community events of nonprofit organizations may be
displayed an individual maximum of 30 consecutive days per banner. and a
cumulative maximum of 120 days during; a calendar year on the same
proverty.
3. Banners advertising community events of nonprofit organizations held on
vacant property may be displayed a maximum of ten days prior to the
advertised event. Such banners shall be removed immediately upon
completion of the event.
(f) Locational reauirements.
1. Banners shall be located on the same property as the sponsoring business or
organization. However. banners within village areas used to advertise
community events may be displayed across public roads.
2. Banners may be building mounted or freestanding.
3. Banners shall not be attached to trees or shrubs.
(2) That this ordinance shall become effective immediately upon adoption.
1925:73525.1
000064
g
~~
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 2
Meeting Date: January 10, 2007
Item Number: 9.B.2.c.
Subiect:
Set Date for Public Hearing to Consider Proposed Amendments to Section 19-
514 of the Code of the County of Chesterfield, 1997, as Amended, pertaining
to Design Standards for Offstreet Parking
County Administrator's Comments: Qe-~J +~ / r
County Administrator: ~
Board Action Reauested:
Board of Supervisors set February 14, 2007 for a public hearing to consider
amendments to the Code of the County of Chesterfield.
Summary of Information:
The Planning Corrunission held a public hearing on the proposed zoning
ordinance amendments on December 14, 2006. No citizens spoke regarding the
proposed amendment during the public hearing. The Planning Commission
unanimously recommended approval of the proposed ordinance amendments. The
proposed amendment would allow overflow parking areas to be unpaved,
subject to certain design standards.
At the request of Chairman King, the Board of Supervisors on September 27,
2006 directed staff to prepare a zoning ordinance amendment providing for
use of alternative parking surfaces for spaces in excess of ordinance
requirements. The current ordinance requires most parking areas to be
paved. Exceptions to this requirement include: single-family and farm uses;
areas where track-mounted equipment is stored or displayed; property in I-2
and I-3 districts, and vehicle storage areas for tow lots.
Preparer:
Kirkland A. Turner
Title: Director of Plannina
Attach ments:
. Yes
DNO
# 000065
1925:72175.1
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2 of 2
Currently, if a property owner wishes to provide excess parking above
the minimum ordinance requirements, this additional parking must be
paved. For example, if business is subject to a minimum parking
requirement of 100 paved parking spaces, and wishes to provide an
additional 50 spaces, these extra spaces must also be paved.
The proposed ordinance would allow overflow parking to be unpaved
subject to certain performance standards:
1. The spaces would need to be comprised of a landscaped porous pavement
system. This type of treatment includes grass and some type of
pervious structural support such as cellular paving. There are a
variety of products and systems available to satisfy this requirement.
This type of surface provides the aesthetic benefit of landscaping,
minimizes runoff, and provides a surface area that can physically
support the weight of parked vehicles.
2. Site plan review would be required. If the proposed parking area is
10,000 square feet or less, this can be accomplished through the minor
site plan review process.
3. Parking areas would need to be permanently delineated, so that users
would know where parking is appropriate, and to protect non-parking
landscaped areas.
4. Parking areas would need to be accessed through permanently paved
internal driveways or parking areas. This requirement would prohibit
direct access to overflow parking areas from the street, so that such
parking is integrated into permanent parking areas.
5. Parking areas would be subj ect to the same setback and buffer
requirements applied to paved parking.
6. Parking areas would be
provision is intended to
commercial vehicle usage.
restricted
preserve
to passenger
these parking
vehicles.
areas for
This
non-
000066
1925:72175.1
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 19-514 OF THE ZONING ORDINANCE
RELATING TO DESIGN STANDARDS FOR OFF-STREET PARKING
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
( 1 ) That Section 19-514 of the Code of the County of Chesterfield. 1997, as amended, is
amended and re-enacted to read as follows:
Sec. 19-514. Design standards for ofT-street parking.
(a) Size. Each paved, off-street parking space shall be of such shape, location and
design as to be effectively usable. Except for handicapped spaces, spaces shall have a minimum
width of nine feet and a minimum depth of 18 feet. Gravel or unpaved overflow parking spaces,
where permitted, shall be at least 200 square feet in area with a minimum width of ten feet.
000
(d) Surface treatment:
(1) With the exception of: (i) single-family residential and farm uses; (ii)
areas where track-mounted equipment is stored or displayed; (iii) property
in 1-2 and 1-3 Districts; ef (iv) areas for the storage of customer vehicles in
motor vehicle storage/towing lots; or (v) unpaved overflow parking: areas,
driveways and parking areas shall be paved with concrete, bituminous
concrete or other similar material. Except in 1-2 and 1-3 Districts, sutface-
treated parking areas and drives shall be prohibited. Areas where track
mounted equipment is stored or displayed and areas for the storage of
customer vehicles in motor vehicle storage/towing lots shall have a
minimum sutface of six inches of No. 21 or No. 21A stone.
Except as detailed in the Environmental Engineering Department's
Reference Manual, concrete curb and gutter shall be installed around the
perimeter of all paved driveways and parking areas. Other curbing
material of similar quality, such as brick or cobblestone, may be permitted
through site or schematic plan review. Drainage shall be designed so as
not to interfere with pedestrian traffic.
(2)
In 1-2 and 1-3 Districts, employee or visitor parking areas shall be surfaced
with a minimum of a triple shot of tar and gravel. Other parking areas
shall have a minimum sutface of six inches of No. 21 or No. 21A stone.
(3)
In all districts, for parking areas of four spaces or less, the area shall have
a minimum surface of six inches of No. 21 or No. 21A stone.
(4)
Except as detailed in the Environmental Engineering Department's
Reference Manual, the perimeter of driveways and parking areas that do
1925:73524.1
000067
not utilize concrete curb and gutter shall be delineated by permanent
means such as bumper blocks, railroad ties, timbers (having a minimum
end dimension of six inches by eight inches) or similar such treatment.
Delineation materials shall be secured with a minimum of two re-bars to
the ground, pavement or other feature which is permanently attached to
the ground.
ill Unpaved overflow parking areas shall be permitted for parkin~ spaces
provided in excess of the minimum reQuirements of Section 19-513.
subiect to the following requirements:
a) ParkinS! surfaces shall be comprised of landscaped porous pavement
systems. such as grassed cellular paving. grass over a structural liner.
or other equi valent material.
b) Site plan review approval shall be required. pursuant to Sections 19-
262 through 19-272.
c) Parkin!! areas shall be permanently delineated. and accessed throul!h
internal permanently paved driveways or parking areas.
d) Parking areas shall be subject to setbacks and buffer requirements
applicable to oermanently paved parking areas.
e) Parking shall be restricted to oassenger vehicles. Commercial vehicle
parking shall not be permitted.
000
(2) That this ordinance shall become effective immediately upon adoption.
1925:73524.1
000068
B
.~
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 2
Meeting Date: January 10,2007
Subiect:
Item Number: 9.B.2.d.
Set a Public Hearing for January 24, 2007 to Consider Comcast's Proposed Rate
Increases
T~ M 410 ~~ C/L d;;~~
~ :dd-~ (]~ ~ ~~
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County Administrator1s Comments:
County Administrator:
Board Action Reauested:
Set a public hearing for January 24, 2007 to consider Comcast's proposed rate
increase.
Summarvof Information:
Comcast has announced its rate increases to be effective January 1, 2007.
The rate for the Limi ted Basic service to which only a small number of
customers subscribe will increase from $9.50 to $10.75, and the more popular
Full Standard service will increase from $49.71 to $52.45.
Under federal law, the County may not prevent either rate increase from going
into effect. The Full Standard service rate is unregulated, and the County
has only limited oversight for' rate increases to the Limited Basic tier. Our
"regulation" of the Limited Basic service is limited to a determination as to
whether the arithmetic calculations made on the rate forms are correct. The
County has the authority to audit Comcast's filing related to the increase of
the Limited Basic Service and order a rate reduction if the records do not
support the proposed increase. Such an audit would involve hiring an outside
consultant, and staff have determined in the past that such an audit would
not likely be cost effective.
Preparer: Steven L. Micas
Title: County Attornev
0600:74029.1
Attachments:
. Yes
DNO
#
00006~~
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2 of 2
Under County ordinance the County is permitted to hold a public hearing in
order to have Comcast justify the reasonableness of both rates. The Board
has requested that such a hearing be set. Comcast will be notified of the
hearing and be requested to present an explanation of the latest rate
increases.
000070
A
-
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 2
Meeting Date: January 10,2007
Item Number: 9.B.2.e.
Subiect:
Set a Public Hearing to Consider Adoption of an Ordinance Establishing a
Special Assessment for the Watkins Centre Community Development Authority and
Approval of a Memorandum of Understanding with the Watkins Centre Community
Development Authority Regarding the Financing of Certain Infrastructure
County Administrator:
I?~(..l laM- ~l(
~
County Administrator1s Comments:
Board Action Reauested:
Set a public hearing date for January 24, 2007 to 1) consider adoption of an
ordinance establishing a special assessment for the Watkins Centre Community
Development Authority (CDA); and 2) approval of a Memorandum of Understanding
between the Board of Supervisors, the Watkins Centre CDA and Owners of
Property within the CDA District
Summarvof Information:
On August 23, 2006 the Board of Supervisors created the Watkins Centre
Community Development Authority (CDA). The CDA has requested that the Board
of Supervisors, through adoption of the attached ordinance (Attachment A),
establish a special assessment on property within the CDA District for the
purpose of financing certain transportation improvements benefiting property
within the CDA District.
The special assessments will be established and apportioned in accordance
with the Rate and Method of Apportionment of Special Assessments (Attachment
B), which is scheduled to be approved by the Watkins Centre CDA, January 18th.
The special assessments shall be liens on the taxable real property in the
CDA District. In addition, the total special assessment and annual
installment of special assessment for the property in the CDA district are
included (Attachments C-l, C-2).
Preparer: Rebecca T. Dickson
Attachments: . Yes
Title: Deputv County Administrator
DNa
1 # 000071.1
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2 of 2
Meeting Date: January 10, 2007
Summarvof Information (continued\
The proposed ordinance also authorizes a Memorandum of Understanding
(Attachment D) between the Board of Supervisors, the Watkins Centre CDA and
land owners within the CDA District that approves the issuance of the
Authority's bonds to finance certain infrastructure within the CDA District.
The Board is requested to adopt the proposed ordinance after the public
hearing is held. Upon adoption of the ordinance, the Watkins Centre CDA will
move forward to issue its bonds to finance the infrastructure improvements.
The establishment of a special assessment on property within the CDA District
and the actions contemplated by the Memorandum of Understanding will benefit
the citizens of the County by promoting increased employment opportunities, a
strengthened economic base and increased tax revenues and additional business
opportunities.
000072
ATTACHMENT A.
ORDINANCE ESTABLISHING A SPECIAL ASSESSMENT FOR THE
WATKINS CENTRE COMMUNITY DEVELOPMENT AUTHORITY
AND AUTHORIZING A MEMORANDUM OF UNDERSTANDING
WITH THE COMMUNITY DEVELOPMENT AUTHORITY
WHEREAS, the Board of Supervisors of the County of Chesterfield, Virginia (the
"Board") created the Watkins Centre Community Development Authority (the "CDA") by
Ordinance enacted August 23, 2006 (the "Ordinance"); and,
WHEREAS, the CDA has requested that the Board establish a special assessment on
property within the CDA District; and,
WHEREAS, the Board proposes to set forth certain agreements with the CDA and the
owners of the land within the CDA (the "Landowners") pursuant to a Memorandum of
Understanding among the Board, the Landowners, Zaremba Metropolitan Midlothian, LLC, as
developer and the CDA (the "Memorandum of Understanding"); and,
WHEREAS, the CDA proposes to issue its bonds (the "Bonds") to finance certain
infrastructure improvements benefiting the CDA District; and
WHEREAS, the establishment of a special assessment on property within the CDA
District and the actions contemplated by the Memorandum of Understanding will benefit the
citizens of the County by promoting increased employment opportunities, a strengthened
economic base and increased tax revenues and additional business opportunities.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF
THE COUNTY OF CHESTERFIELD, VIRGINIA:
1. Approval of Memorandum of Understanding. The Memorandum of
Understanding is approved in substantially the form presented to the Board at this meeting, with
such changes and corrections (including, without limitation, changes in the date thereot) that do
not materially adversely affect the County's interests as may be approved by the County
Administrator or the Chairman of the Board of Supervisors, whose approval shall be evidenced
conclusively by the execution and delivery ofthe Memorandum of Understanding. The County
Administrator and the Chairman of the Board of Supervisors, or either of them, is authorized and
directed to execute and deliver the Memorandum of Understanding.
2. Special Assessment. By agreement among the Landowners and the Board
pursuant to the Memorandum of Understanding, special assessments to pay the costs of public
improvements to benefit property within the CDA District are hereby established and
apportioned in accordance with the Rate and Method of Apportionment of Special Assessments
in substantially the form presented to the Board at this meeting. The CDA shall cause notice of
the special assessments to be reported to the County's Treasurer or other County official
responsible for the collection of taxes. The special assessments shall be liens on the taxable real
property in the CDA District in accordance with the provisions of Virginia Code Sections 15.2-
2404 et. seq.
-1-
000073
3. Subsequent Resolution. The Board may make such additional changes or
amendments to the Memorandum of Understanding as it determines to be necessary or
appropriate by subsequent resolution.
4. Severability. If any part, section, clause or phrase of this Ordinance, or any
individual assessment levied hereby, is declared to be unconstitutional or invalid for any reason,
such decision shall not affect the validity of any other portion hereof or assessment hereunder.
5. Effective Date. This Ordinance shall be effective immediately.
CERTIFIED COpy
Clerk of the Board
\4327380.1
-2-
000074
ATTACHMENT B
RMA No.3
January 2, 2007
WATKINS CENTRE COMMUNITY DEVELOPMENT AUTHORITY
CHESTERFIELD COUNTY, VIRGINIA
Rate And Method of Apportionment
Of Assessment
A. INTRODUCTION
A Special Assessment shall be imposed and collected on real property within the Watkins
Centre Community Development Authority ("CDA") through the application of the
procedures described below. The Board of Directors of the CDA or their designee shall
make all determinations in this Rate and Method of Apportionment of Special
Assessment unless stated otherwise.
B. DEFINITIONS
The terms used herein shall have the following meanings:
"Act" means the Virginia Water and Waste Authorities Act, beginning with ~15.2-5100
et seq. of the Code of Virginia, 1950, as it may be amended from time to time.
"Adjusted Annual Parcel Installment" means the amount calculated as the Adjusted
Annual Parcel Installment for each Parcel pursuant to Section D.
"Administrative Expenses" means the following costs directly related to the
administration of the CDA: the actual costs of computing the Annual Installments; the
actual costs of collecting the Annual Installments (whether by the County or otherwise);
the actual costs of remitting the Annual Installments to the Trustee; the actual costs of the
Administrator and Trustee (including legal counsel) in the discharge of their duties; the
costs of the CDA of complying with arbitrage rebate requirements; the costs of the CDA
of complying with securities disclosure requirements; and any other costs of the CDA in
any way related to the administration and operation of the CDA, including, without
limitation, the costs of official meetings of the CDA, the costs of legal counsel and other
consultants and advisors, and costs related to commencing foreclosure and pursuing
collection of delinquent Annual Installments.
"Administrator" means the official or designee of the CDA who shall be have the
responsibilities as provided herein, in the Bond Indenture, or by the Board of Directors.
"Annual Credit" means the amount calculated as the Annual Credit for each Parcel
pursuant to Section D.
Page 1 of 11
000075
RMA No.3
January 2, 2007
"Annual Installment" means the portion of the Special Assessment as set forth in the
Special Assessment Roll that may be collected each Assessment Year from all Parcels in
the CDA.
"Annual Parcel Installment" means the allocation of the Annual Installment to each
Parcel pursuant to Section D.
"Annual Payment" shall be the portion of the Annual Parcel Installment to be collected
from each Parcel each Assessment Year as determined by the provisions of Section D.l.
"Annual Revenue Requirement" means, for any Assessment Year, the lesser of (A) the
Annual Installment for the Assessment Year and (B) the sum of the following: (1) debt
service on the Bonds to be paid from the Annual Installments; (2) periodic costs
associated with such Bonds, including but not limited to, rebate payments and any credit
enhancement on the Bonds; (3) Administrative Expenses; and (4) a contingency; less (5)
Incremental Tax Revenues available to the CDA that may be applied to the Annual
Revenue Requirement; (6) any credits applied under the Bond Indenture, such as
capitalized interest or interest earnings on any account balances, and (7) any other funds
available to the CDA that may be applied to the Annual Revenue Requirement.
"Assessed Property" means, for any Assessment Year, Parcels within the CDA other
than Non-Benefited Property.
"Assessment Year" means the annual cycle in which the Annual Payment is determined
each year for each Parcel, the Annual Payment is collected, and these revenues are
applied to the payments on the Bonds each year.
"Board of Directors" means the Board of Directors of the CDA.
"Bond Indenture" means the indenture or similar document setting forth the terms and
other provisions relating to the Bonds, as modified, amended and/or supplemented from
time to time.
"Bonds" means any bonds or other debt, including refunding bonds, whether in one or
more series, issued by or on behalf of the CDA under the Act and to be repaid with the
Special Assessments and other available revenues.
"Building Square Footage" or "BSF" means the actual or, for property not yet
developed, the estimated leasable building area as shown on the building permit,
architectural plans or other available documents, as estimated by the Administrator. If no
information is available on the estimated leasable building area, Building Square Footage
may be estimated by net usable land area and the estimated or allowable floor to area
ratio for the property.
"County" means the Chesterfield County, Virginia.
Page 2 of 11
000076
RMA No.3
January 2, 2007
"Equivalent Units" means the Building Square Footage in 1,000s of square feet built or
that may be built on a Parcel multiplied by the factors for each land use class shown
below:
Land Use Class 1
Land Use Class 2
Land Use Class 3
1.00 per 1,000 BSF
0.52 per 1,000 BSF
0.56 per 1,000 BSF
"Incremental Tax Revenues" has the meaning given to such term in the Memorandum
of Understanding approved on _, 2007, by the County.
"Land Use Class I" means Assessed Property used or.intended to be used primarily for
retail sales to the general public, including any ancillary uses thereto.
"Land Use Class 2" means Assessed Property used or intended to be used primarily as a
hotel, including any ancillary uses thereto.
"Land Use Class 3" means Assessed Property used or intended to be used primarily as
office space, including any ancillary uses thereto, and any Assessed Property that is not
classified as Land Use Class 1 or 2.
"Mandatory Special Assessment Prepayment" shall mean a mandatory prepayment of
Special Assessments pursuant to Section J.
"Non-Benefited Property" means Public Property, Owner Association Property, or
easements that create an exclusive use for a public utility provider.
"Owner Association Property" means Parcels within the boundaries of the CDA owned
by or irrevocably offered for dedication to a property owners' association (if not used in a
trade or business) and available for use by property owners in general.
"Parcel" means a lot or parcel with a tax map identification number assigned by the
County for real property tax purposes.
"Principal Portion of the Assessment" means the portion of the Special Assessments
equal to the outstanding principal amount of the Bonds. The Principal Portion of the
Assessments shall be allocated to Assessed Property proportionate to the Special
Assessments as set forth in Section C hereof. The Principal Portion of the Assessments
may be increased for refunding bonds or other reasons as long as the total of the Special
Assessments are not increased as set forth in the Special Assessment Roll.
"Public Improvements" means those improvements that the CDA has been authorized
to provide.
"Public Property" means, for any Assessment Year, property within the boundaries of
the CDA owned by or irrevocably offered for dedication to the federal government,
Page 3 of 11
000077
RMA No.3
January 2, 2007
Commonwealth of Virginia, the County, the CDA, or any other public agency, political
subdivision, or entity, whether in fee simple or any other property ownership interest that
creates a substantially exclusive use in the property.
"Special Assessment" means the Special Assessment on each parcel, including both the
Principal Portion of the Special Assessment and the Annual Installment, as shown on the
Special Assessment Roll, as calculated by the Administrator and confirmed by the Board
of Directors pursuant to the provisions of Section C.I., as it may be reapportioned upon
the subdivision of any Parcel according to the provisions of Section C.2. and as it may be
reduced according to the provisions of Sections C.3.
"Special Assessment Roll" means the document attached hereto as Appendix A-I and
A-2, as updated from time to time by the Board of Directors of the CDA in accordance
with the procedures set forth herein.
"Trustee" means the fiscal agent or trustee as specified in the Bond Indenture, including
a substitute fiscal agent or trustee.
C. SPECIAL ASESSMENTS
1. The Amount of the Special Assessment
The total of the Special Assessments and the Annual Installments shall not exceed the
amounts set forth in the Special Assessment Roll as it may be updated from time to time
as provided for herein. The Special Assessment for each Parcel shall be set by the Board
of Directors prior to the issuance of the Bonds and shall not be changed thereafter except
pursuant to the provisions herein. The Board of Directors shall set the Special
Assessment on each Parcel according to the following formula:
A == B x(C + D)
Where the terms have the following meanings:
A == the Special Assessment for a Parcel
B == the total of the Special Assessments for all Parcels as shown in the Special
Assessment Roll
C == the Equivalent Units of a Parcel
D == the sum of the Equivalent Units of all of the Parcels in the CDA.
Upon a change in the estimate of the total of the Equivalent Units of a Parcel, the Board
of Directors may reapportion the Special Assessment on some or all of the Parcels upon
the unanimous request of the owners of the Parcels for which the Special Assessment is
to be reapportioned. The reapportionment shall be made according to the following
formula:
A == (B + C) x D
Page 4 of 11
000078
RMA No.3
January 2, 2007
Where the terms have the following meanings:
A = the Special Assessment of the Parcel
B = the Equivalent Units of a Parcel
C = the total Equivalent Units of all Parcels subject to the reallocation
D = the total of the Special Assessments for all Parcels subject to the
reallocation.
The computation of the Equivalent Units shall be calculated by the Administrator, based
on the information available regarding the use of the Parcel, and the estimate of the
Administrator shall be final. The Administrator shall use consistent standards in
preparing the calculations and shall prepare and keep in the records of the CDA the
computations made according to this section.
The total of all Special Assessment shall not be reduced after the issuance of Bonds
except as provided below.
2. Reapportionment of Special Assessment Upon the Subdivision of a Parcel
a. Subdivision of a Parcel
Upon the subdivision of any Parcel, the Special Assessment (including both the Principal
Portion of the Special Assessment and the Annual Installments) of the Parcel prior to the
subdivision shall be reallocated to each new Parcel in proportion to the Equivalent Units
of each Parcel and the Special Assessment for the Parcel prior to the subdivision. The
reapportionment of the Special Assessment shall be represented by the formula:
A = B x(C + D)
Where the terms have the following meanings:
A = the Special Assessment of the Parcel
B = the Special Assessment of the Parcel prior to the subdivision
C = the Equivalent Units of a Parcel
D = the sum of the Equivalent Units of all of the new Parcels of Assessed
Property that result from the subdivision.
The computation of the Equivalent Units shall be calculated by the Administrator based
on the information available regarding the use of the Parcel. The Administrator shall use
consistent standards in preparing the calculations and shall prepare and keep in the
records of the CDA the computations made according to this section.
In all cases, the Special Assessment after the subdivision of a Parcel shall equal the sum
of the Special Assessment before the subdivision of the Parcel.
Page 5 of 11
000079
RMA No.3
January 2, 2007
b. Consolidation of a Parcel
Upon the consolidation of two or more Parcels, the Special Assessment Part for the
consolidated Parcel shall be the sum of the Assessments for the Parcels prior to the
consolidation, with each calculated separately.
3. Reduction in the Special Assessment
a. Reduction in Costs
If the Board of Directors resolves that the total actual costs to be incurred by the CDA,
including the costs of the Public Improvements and the costs related to the issuance and
repaying of Bonds, including refunding bonds, and Administrative Expenses are less than
the total amount of the Special Assessments, then the Board of Directors shall reduce the
Special Assessments (including the Principal Portion of the Special Assessments and the
Annual Installments, as applicable) such that the sum of Special Assessments equals the
total costs incurred or to be incurred. The Special Assessments shall be reduced for every
Parcel of Assessed Property in the CDA in the following manner. First, if the Public
Improvements were not completed and any Parcels were not fully improved by the Public
Improvements, the Special Assessments shall be reduced on these Parcels to represent the
Public Improvements made to these Parcels compared to the Public Improvements made
to the other Parcels, taking into consideration the use of the Public Improvements by each
land use class, as represented by the Equivalent Unit factors and the Public Improvements
actually provided. The Board of Directors may provide for the reduction in the Special
Assessments by equal percentage for each Parcel or some other means if the Board of
Directors determines this would be the most fair or practical method of reducing the
Special Assessments. Second, if additional reductions are to be made in the Special
Assessments, the Special Assessments shall be reduced by an equal percentage such that
the sum of the resulting Special Assessment for every Parcel equals the actual costs to be
incurred by the CDA.
The Special Assessments as reduced according to the provisions of this section shall not
be reduced to an amount that is less than the outstanding amount of the previously issued
Bonds, debt service on the outstanding Bonds, and estimated Administrative Expenses.
b. Repayment of the Bonds
The Special Assessments applicable to any Parcel shall be reduced each year as Bonds
are repaid. The Principal Portion of the Special Assessments shall be reduced for the
principal portion of the Annual Installments collected from each Parcel. The Special
Assessments shall also be reduced for the Annual Installments collected or foregone (that
is, the portion of the Annual Installments that exceeded the Annual Revenue Requirement
and is not to be collected).
Page 6 of 11
000080
RMA No.3
January 2, 2007
D. METHOD OF DETERMINING THE ANNUAL PAYMENT
Commencing with the Annual Payment to be collected in the 2007-2008 Assessment
Year and for each following Assessment Year, the Administrator shall calculate and the
Board of Directors shall confirm the Annual Payment on each Parcel.
1. The Annual Payment
The Annual Payment for each Parcel shall be calculated in the following manner:
A == B X(C 7 D)
Where the terms have the following meanings:
A == the Annual Payment for a Parcel;
B == the Annual Revenue Requirement for the Assessment Year for which the
Annual Payment is being calculated;
C == the Adjusted Annual Parcel Installment for the Parcel;
D == the Adjusted Annual Parcel Installment for all Parcels in the CDA.
2. The Adjusted Annual Parcel Installment
The Adjusted Annual Parcel Installment for a Parcel shall equal the Annual Parcel
Installment for each Parcel less the Annual Credit for the Parcel.
3. The Annual Parcel Installment
The Annual Assessment for each Parcel shall be calculated in the following manner:
A == B x(C 7 D)
Where the terms have the following meanings:
A == the Annual Parcel Installment for a Parcel
B == the Annual Installment for all Parcels in the CDA for that Assessment
Year as set forth in the Assessment Roll
C == the Principal Portion of the Special Assessments for the Parcel
D == the Principal Portion of the Special Assessments for all Parcels in the
CDA.
4. The Annual Credit
The Annual Credit for each Parcel, for each Assessment Year, shall be equal to the
Incremental Tax Revenues included in the calculation of the Annual Revenue
Requirement for that Assessment Year allocable to that Parcel. For purposes of
calculating the Incremental Tax Revenues for each Parcel, the base year tax revenues for
Page 7 of 11
00008:1
RMA No.3
January 2, 2007
each tax included in the Incremental Tax Revenues shall be allocated to each Parcel on
the basis of the total of the tax revenues from which the Incremental Tax Revenues are
calculated. For example, for real property tax increment revenues, the base real property
tax revenues would be allocated to each parcel in proportion to the total real property tax
revenues of the parcel divided by the total real property taxes of all parcels in the CDA
(using the total real property tax revenues from which the Incremental Tax Revenues are
calculated).
In the event a Parcel is subdivided into new Parcels in an Assessment Year prior to the
payment of the Annual Payment and a portion of the Parcel becomes Non-Benefited
Property, the Annual Payment shall be collected on the Parcel or Parcels of Assessed
Property based on the allocation of the Special Assessment pursuant to Section C.
E. UPDATING THE ASSESSMENT ROLL
The Board of Directors shall update Special Assessment Roll each Assessment Year to
reflect (i) the current Parcels in the CDA, (ii) the Special Assessment allocated for each
Parcel, including any adjustments to the Special Assessment as provided for in Section C,
(iii) the Principal Portion of the Special Assessment for each Parcel; (iv) the Annual
Parcel Installment for each Parcel, (v) the Annual Credit and Annual Payment for each
Parcel for the Assessment Year, (vi) prepayments of the Special Assessment, and (vii)
termination of the Special Assessment.
F. MANNER OF COLLECTION OF THE ANNUAL PAYMENT
Annual Payment shall be collected in the same manner and at the same time as regular
property taxes of the County and shall be subject to the same penalties, procedures, sale,
and lien priorities in case of delinquencies as are provided for regular property taxes of
the County. The CDA shall notify the County of the amount of the Annual Payment to
be collected on each Parcel each Assessment Year in a timely manner to allow the
collection of the Annual Payment by the County. The Board of Directors may provide
for other means of collecting the Annual Payment, to the extent permitted under the Act.
G. ADMINISTRATIVE REVIEW
An owner of a lot claiming that a calculation error has been made in the update of Special
Assessment Roll in any Assessment Year shall send a written notice describing the error
to the Board of Directors (or the Administrator if delegated to review appeals pursuant to
this section by the Board of Directors) not later than thirty (30) days after the date any
amount which is alleged to be incorrect is due prior to seeking any other remedy. The
Board of Directors (or the Administrator if so designated by the Board of Directors) shall
promptly review the notice, and if necessary, meet with the property owner, consider
written and oral evidence regarding the alleged error and decide whether, in fact, such a
calculation error occurred.
Page 8 of 11
000082
RMA No.3
January 2, 2007
If the Board of Directors (or the Administrator if so designated by the Board of Directors)
determines that a calculation error has been made that requires Special Assessment Roll
to be modified or changed in favor of the property owner, a cash refund may not be made
for any amount previously paid by the owner (except for the final Assessment Year
during which the Special Assessment shall be collected or if a determination is made that
there are sufficient funds available to meet the Annual Revenue Requirement for an
Assessment Year), but an adjustment shall be made in the amount of the Annual Payment
to be paid in the following Assessment Year. The decision of the CDA or its designee
regarding a calculation error relating to the Special Assessment Roll shall be conclusive
as long as there is a reasonable basis for the determination.
H. TERMINATION OF SPECIAL ASSESSMENTS
Except for any delinquent Annual Payments and related penalties and interest, the Special
Assessment shall be collected for a term not to exceed the term of all of the Bonds. In no
event shall the Special Assessments be collected beyond the period in which the Special
Assessment or the Bonds are fully paid as provided for herein.
After the retirement of all Bonds, and the collection of any delinquent Annual Payments,
penalties and interest, the CDA shall provide each owner of a Parcel a recordable
document (or provide for the recordation of such document) evidencing the termination
of the imposition and collection of Special Assessment.
I. PREPAYMENT OF SPECIAL ASSESSMENT
The Special Assessment on any Parcel may be fully paid at any time, the Special
Assessment reduced to zero, and the obligation to pay the Annual Installments
permanently satisfied by payment of an amount calculated according to the following
provisions:
1. A sum equal to the Principal Portion of the Special Assessment for the Parcel, as
it may have been set, reapportioned or reduced pursuant to the provisions of
Sections C.l., C.2., C.3., and C.4; less,
2. A credit for the reserve fund equal to the amount provided for in the Bond
Indenture; plus,
3. A sum equal to (a) the amount needed to pay interest on the outstanding Bonds to
be redeemed and the investment earnings on the prepayment amount until the
Bonds can be called and redeemed, after taking into consideration the Annual
Payment paid or to be paid but not accounted for in the calculation of the
Principal Portion of the Special Assessment in Step 1 and (b) expenses of the
CDA related to the prepayment.
The amounts calculated in the preceding steps shall be paid to the CDA and shall be
distributed by the CDA to pay costs related to the prepayment and according to the Bond
Page 9 of 11
000083
RMA No.3
January 2, 2007
Indenture. Upon the payment of such prepayment amount to the CDA, the obligation to
pay the Special Assessment for such Parcel shall be deemed to be permanently satisfied,
the Special Assessment for such Parcel shall be reduced to zero, the Annual Installment
shall not be collected on the Parcel thereafter, and the CDA shall provide to the owner (or
cause to be recorded) a recordable notice of the payment of the Special Assessment
within a reasonable period of time of receipt of such prepayment amount.
J. MANDATORY PREPAYMENT OF SPECIAL ASSESSMENTS
1. Prepayment of Special Assessments for Non-Benefited Property
A prepayment of the Special Assessment shall be required on any Parcel that is acquired
by an entity that results in the Parcel being classified as Non-Benefited Property, if the
Special Assessment may not be reapportioned to a Parcel of Assessed Property pursuant
to the provisions of Sections C.l. or C.2. In the event an entire Parcel becomes Non-
Benefited Property such that the Special Assessment cannot be reallocated to any other
Parcel pursuant to the provisions of Sections C.l or C.2., the Special Assessment shall
become immediately due and payable and shall be collected from proceeds of a sale,
condemnation, or other form of compensation for the property or from any other legally
available source of funds. The prepayment of the Special Assessment shall be calculated
as set forth in Section I.
2. Prepayment of Special Assessments Resulting From a Reduction in Equivalent
Units
The Special Assessments shall be prepaid in part upon a reduction of the Equivalent
Units that results in the Principal Portion of the Special Assessments exceeding a
maximum amount per Equivalent Unit as set forth in the Bond Indenture. The
Mandatory Prepayment shall be due from the Parcel (or any resultant Parcels) that results
in the application of the provisions of this section.
The Mandatory Prepayment shall be calculated as set forth in Section I, with the Principal
Portion of the Special Assessment being prepaid for the reduction in the number of
Equivalent Units.
The Mandatory Prepayment shall be due prior to the recordation, conveyance, or other
action that results in a change to any Parcel that results in a Mandatory Prepayment. The
Mandatory Prepayment shall have the same sale and lien priorities as provided for by law
for the Assessments.
The Mandatory Prepayment shall not exceed the amount of the outstanding Bonds plus
any amounts owed on the Bonds, including accrued interest and redemption fees.
Page 10 of 11
000084
RMA No.3
January 2, 2007
K. AMENDMENTS
Immaterial amendments may be made to this Rate and Method of Apportionment of
Special Assessment by the Board of Directors without further notice under the Act and
without notice to owners of Assessed Property within the CDA. Immaterial amendments
shall be those that (i) clarify or correct minor inconsistencies in the matters set forth
herein, (ii) provide for lawful procedures for the collection and enforcement of the
Special Assessment and other charges imposed herein so as to assure their efficient
collection, and (iii) otherwise improve the ability of the CDA to fulfill its obligations to
impose and collect the Special Assessment and charges imposed herein and to make it
available for the payment of the Bonds, Administrative Expenses, and other costs of the
CDA. No such amendment shall be approved unless and until it has (i) been found and
determined that the amendment is necessary and appropriate and does not materially
adversely affect the rights of the owners of the Bonds and (ii) received an opinion of a
nationally recognized bond counsel to the effect that the amendment is permitted by the
terms of the Bond Indenture and this Rate and Method of Apportionment of Special
Assessment. Amendments may not be made to this Rate and Method of Apportionment
of Special Assessment pursuant to the procedure described above that would increase the
total of the Special Assessment or charges as set forth herein.
L. INTERPRETATION OF PROVISIONS
The Board of Directors shall make all interpretations and determinations related to the
application of this Rate and Method of Apportionment of Special Assessment, unless
stated otherwise herein or in the Bond Indenture, and as long as there is a rational basis
for the determination made by the Board of Directors, such determination shall be
conclusive.
M. SEVERABILITY
If any section or part of a section of this "Rate and Method of Apportionment of Special
Assessment" is declared invalid or unenforceable, the validity, force, and effect of any
other section or part of a section herein shall not thereby be affected or impaired unless
such other section or part of a section herein is wholly or necessarily dependent upon the
section or part of a section so held to be invalid or unenforceable.
Page 11 of 11
000085
1\TTACHMENT C-1
Appendix A-I
SPECIAL ASSESSMENT ROLL
ANNUAL INSTALLMENT OF SPECIAL ASSESSMENT
Watkins Centre Community Development Authority
Chesterfield County, Virginia
Tax Year
Beginning
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
Interest and
Administrative Expenses
$1,061,940
$1,061,940
$1,061,940
$997,150
$925,482
$846,416
$759,433
$663,947
$559,375
$445,066
$320,305
$184,378
Principal
$0
$0
$1,006,000
$1,112,000
$1,226,000
$1,348,000
$1,479,000
$1,619,000
$1,769,000
$1,930,000
$2,102,000
$2,285,000
Annual
Installment
$1,061,940
$1,061,940
$2,067,940
$2,109,150
$2,151,482
$2,194,416
$2,238,433
$2,282,947
$2,328,375
$2,375,066
$2,422,305
$2,469,378
Total
$15,876,000
$8,887,372
$24,763,372
The Annual Installment is due each Tax Year with regular real property taxes on June 5 and
December 5. The Annual Installment due each year shall be revised as set forth in the Rate and
Method of Apportionment of Special Assessments.
000086
Appendix A-2
SPECIAL ASSESSMENT ROLL
TOTAL SPECIAL ASSESSMENT
Watkins Centre Community Development Authority
Chesterfield County, Virginia
Tax Year Beginning 2007
Tax Map
Parcel
715-712-8474
Rebkee remainder
Rebkee parcel 1
Rebkee Parcel 2
Rebkee Parcel 3
Rebkee Parcel 4
717-711-0537
717-711-0707
716-713-6822
717-708-5564
714-707-6311
714-707-9182
716-710-0846
718-705-6022
718-706-3636
715-710-4260
Special
Assessment
$0
$2,455,871
$68,764
$462,096
$68,764
$236,936
$428,900
$290,372
$2,407,920
$16,003,729
$362,691
$227,891
$170,041
$827,781
$388,925
$362,691
Principal
Portion of Special
Assessment
$0
$1,574,479
$44,085
$296,253
$44,085
$151,902
$274,971
$186,160
$1,543,737
$10,260,122
$232,524
$146,103
$109,015
$530,697
$249,343
$232,524
ATTACHMENT C-2
Annual
Installment
$0
$105,316
$2,949
$19,816
$2,949
$10,161
$18,393
$12,452
$103,260
$686,296
$15,553
$9,773
$7,292
$35,498
$16,678
$15,553
Total
$1,061,940
$24,763,372
$15,876,000
The Special Assessment Roll shall be adjusted from time to time pursuant to the
provisions of the Rate and Method of Apportionment of Special Assessments.
000087
ATTACHMENT D
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING (this "Memorandum") is made as of
this _ day of , 2007, by and among the BOARD OF SUPERVISORS OF THE
COUNTY OF CHESTERFIELD, VIRGINIA (the "Board of Supervisors"); ZAREMBA
METROPOLITAN MIDLOTHIAN, LLC, a Virginia limited liability company, or its successor
or assigns, as developer (the "Developer"); WATKINS LAND, L.L.C., a Virginia limited
liability company, ("Watkins"), GRAY LAND AND DEVELOPMENT COMPANY, LLC
("Gray"), a Virginia limited liability company, VILLAGE BANK, a ,
SUNTRUST BANK, a Georgia banking corporation, BRANCH BANKING & TRUST
COMPAY OF VIRGINIA, a Virginia banking corporation, BEP LIMITED PARTNERSHIP, a
North Carolina limited partnership, REBKEE PARTNERS WESTCHESTER, LLC, Virginia
limited liability company and [ADD ADDITIONAL PROPERTY OWNERS WITHIN CDA AT
THE TIME THIS MEMORANDUM IS EXECUTED] (collectively, the "Additional Property
Owners"); and WATKINS CENTRE COMMUNITY DEVELOPMENT AUTHORITY (the
"CDA").
WITNESSETH
WHEREAS, the Developer and the Additional Property Owners are the owners of
certain parcels of real property located in the County of Chesterfield, Virginia (the "County")
and more particularly shown on Exhibit A attached hereto and incorporated herein by this
reference (collectively, the "Property"); and
WHEREAS, Watkins Land, L.L.C. has, pursuant to Sections 15.2-5152 et seq. of the
Code of Virginia of 1950, as amended (the "Virginia Code"), by petition filed on July 19, 2006,
with the Board of Supervisors (the "Petition") petitioned the Board of Supervisors to create a
community development authority to provide financing for a portion of the transportation
infrastructure as described in the Petition and on Exhibit B hereto (the "Improvements") in
conjunction with the development of the Property as a mixed-use project consisting of
commercial, retail and office components (collectively, the "Project"); and
WHEREAS, by Ordinance enacted August 23, 2006 (the "Ordinance"), attached hereto
as Exhibit C, the Board of Supervisors created the CDA and the CDA District (as described in
the Ordinance); and
WHEREAS, the parties wish to set forth several understandings with respect to the CDA
and its plan of finance in this Memorandum:
NOW, THEREFORE, in consideration of the foregoing, the parties set forth the
following agreements and understandings:
1. Issuance of Bonds. The CDA proposes to issue tax-exempt bonds (the "Bonds")
pursuant to Virginia Code Sections 15.2-5158(A)(2) and 15.2-5125 and the Internal Revenue
Code of 1986, as amended, to be used to finance a portion of the costs associated with the
\4003766.8
000088
acquisition, design, construction and development by or on behalf of the CDA of the
Improvements. The CDA expects to issue one or more series of Bonds under an Indenture of
Trust (the "Indenture") between the CDA and a trustee (the "Trustee") in the maximum
aggregate principal amount of $16,000,000, of which approximately $12,339,555 shall be used
to pay a portion of the costs associated with the acquisition, design, construction, project
management and development of the Improvements (which costs shall be determined on an
aggregate basis and not on an item-by-item basis) and the balance of which, approximately
$3,660,445, shall be used to pay capitalized interest at least through March 1, 2009, fund
required reserves, pay the costs of issuing the Bonds (including, but not limited to, attorneys'
fees, underwriter fees, engineering fees and appraisal fees) and pay any additional administrative
costs to be incurred by the County in connection with the administration and operation of the
CDA. Any costs associated with the acquisition, design, construction and development of the
Improvements that exceed the proceeds of the Bonds allocated therefor shall be the responsibility
of the Developer, Watkins and Gray. If there are any Bond proceeds remaining after the
completion of the acquisition, design, construction and development of the Improvements, such
excess proceeds shall be used to pay down the Bonds. The Bonds shall have a term of no longer
than thirteen (13) years from the date of issuance of the Bonds, inclusive of the capitalized
interest period. The CDA will not issue any additional bonds or undertake any financing,
including any refunding bonds, without the prior approval of the Board of Supervisors. Interest
on the Bonds shall not be paid from Incremental Tax Revenues, as described below, or other
revenues pledged to payment of the Bonds until moneys deposited in the capitalized interest
account under the Indenture have been expended.
2. DeveloDment of Imorovements. The Improvements to be financed with the
proceeds of the Bonds, along with other funds provided by the Developer , Watkins and Gray
consist of various transportation infrastructure more particularly described in the Petition and in
Exhibit B hereto. Amounts not needed for any portion of the Improvements shown on Exhibit B
may be reallocated to other Improvements shown on Exhibit B or to such other transportation
improvements as may be approved by the CDA and the County. The CDA, or the Developer or
its designee, on behalf of the CDA, will enter into contracts for the acquisition, design,
construction, project management and development of the Improvements. In connection with the
foregoing, the CDA will comply with all applicable requirements of the Virginia Public
Procurement Act.
3. Submission of Information. Before the issuance of the Bonds, the Developer or
the CDA, as appropriate, will submit to the County Administrator and the County's Budget
Director a Limited Offering Memorandum or other disclosure document to be used in connection
with the sale of the Bonds and such other information with respect to the CDA's finances and the
issuance of the Bonds as the County Administrator or the County's Budget Director may
reasonably request. Such documents will be furnished to the County solely for informational
purposes and receipt of any such document does not constitute approval of any such document
by the County or any person not submitting such documents.
-2-
000089
4. Soecial Assessments and Incremental Tax Revenues.
(a) Special Assessment. (i) Request for Collection -- Not later than April 5 of
each year, commencing in 2008, the CDA will furnish the annual report described in paragraph
5(t) to the County and will request the County to collect annual installments (the "Annual
Installment") of a special assessment (the "Special Assessment") within the CDA District
pursuant to Virginia Code Section 15.2-5158(A)(5) in an amount to be determined in accordance
with the Rate and Method of Apportionment of Special Assessment attached hereto as Exhibit D
(the "Rate and Method"), which amount may be zero with respect to one or more parcels of land.
In making the above request, the CDA will provide such information as the County may request
to enable it to collect the AlU1ual Installment. The Special Assessment shall be in an amount
equal to debt service on the Bonds, administrative expenses of the County in connection with the
levy and collection of the Special Assessment and the performance of its obligations hereunder,
less other amounts available for the payment of such debt service and expenses (the "Assessment
Amount"). The Annual Installment shall be equal to the Assessment Amount due in any
calendar year.
(ii) County's Agreement with respect to Assessment; Assignment -- The
County Administrator or other officer responsible for proposing the County's budget to the
Board of Supervisors shall propose payments to the CDA to be derived from such Annual
Installment in the County's budget for each fiscal year any Bonds are outstanding; provided that
such payments shall be made only to the extent of available Annual Installment revenues. The
County agrees that so long as the Bonds are outstanding that the County will collect the Annual
Installment and pay the amounts received thereunder to the CDA, subject to appropriation each
year by the Board of Supervisors. The County pledges and assigns all of its right, title and
interest in the Annual Installment to the CDA (except amounts that may be retained by the
County to pay administrative costs, as described below in paragraph 4( c). The CDA, in turn, will
pledge and assign all of its right, title and interest in the Annual Installment to the trustee for the
Bonds (the "Trustee") or its successor who will use the moneys received, except for amounts
segregated for administrative expenses, to make debt service payments on the Bonds before
forwarding any remainder to the CDA and the County agrees to make all such payments directly
to the Trustee for the Bonds. The Annual Installment assigned by the County includes any
payments from foreclosures, less costs of collection, and excludes administrative fees for the cost
of administration as described in paragraph 4( c) herein. The CDA has the right to retain a
portion of the payments assigned by the County to pay the CDA's administrative expenses and
such portion of the payments is not pledged or assigned to the Trustee for the Bonds.
The County's obligation to make payments to the CDA of the Annual
Installment shall not be deemed to be a general obligation of the County, shall be payable
solely from payments of the Annual Installment received by the County and shall be
subject to and dependent on appropriations being made from time to time of the Annual
Installment by the Board of Supervisors for such purpose.
(iii) Landowners' Agreement with Respect to Assessment -- In accordance
with Virginia Code Sections 15.2-5158(A)(5) and 15.2-2405 the parties hereto agree to the
Special Assessment to be levied and apportioned in accordance with this Memorandum and the
-3-
000090
Rate and Method which is incorporated as though set forth fully herein. The Developer and the
Additional Property Owners for themselves and their successors and assigns represent and agree
that the Special Assessment, as apportioned pursuant to the Rate and Method, does not exceed
the peculiar benefit to the assessed property resulting from the Improvements and is apportioned
to property within the CDA District on a rational basis. The Developer and the Additional
Property Owners each acknowledge that the County may commence foreclosure proceedings for
the collection of delinquent Special Assessments on parcels within the CDA District. In order to
reduce the likelihood of any prolonged foreclosure actions, the Developer and each Additional
Property Owner, as appropriate, will provide for facilitated service of process with respect to any
foreclosure action in respect of delinquent Special Assessments levied in the CDA District and
will waive affirmative defenses to any such foreclosure action pertaining to the formation of the
District and its financing structure, including the Rate and Method, the validity of the Bonds, the
requirements of the Indenture and the priority of CDA District liens and foreclosure of liens to
collect delinquent Special Assessments, provided, however, that such waiver is effective only to
the extent the Developer or any Additional Property Owner, as appropriate, may in a separate
legal action (and not as an affirmative defense in any foreclosure action) challenge any levy not
made in accordance with the terms of the Rate and Method, or in accordance with the procedure
established in the County with regard to foreclosure procedures in generaL
(iv) Billing and Collection of Annual Installment -- The County shall bill the
Annual Installment, to the extent the CDA requests collection of the Annual Installment, in the
same manner and at the same time as it bills its real estate taxes. The amount of the Annual
Installment for each parcel will be recorded in the County land records such that the public will
have access to its existence. Penalties and interest on delinquent payments of the Annual
Installment shall be charged as provided by law. The Annual Installment shall be included in a
separate bill in the same envelope as the County's regular real estate tax bill, and shall be
collected on the same dates as the County's real estate taxes. Payments of the Annual Installment
collected by the County shall be segregated from all other funds of the County and may not be
used for any other purpose by the County.
(v) Collection of Delinquent Assessments -- The County's customary tax
payment enforcement proceedings will apply to the collection of any delinquent payment of the
Annual Installment. The County shall pursue the collection of delinquent payments with the
same diligence it employs in the collection of the County's general ad valorem real estate taxes,
including the commencement of tax foreclosure proceedings to the extent provided by the then-
current statutes of the Commonwealth of Virginia. The County agrees that it will provide notice
to the CDA of any legal proceedings to be instituted for the collection of delinquent payments of
the Annual Installment. The parties understand and agree that the County's ordinary discretion in
this regard allows it to decide not to expend resources to collect de minimis outstanding amounts;
provided that the County will obtain the CDA's consent with respect to any such amounts in
excess of $200. The CDA agrees to cooperate with the County in any such enforcement action.
(vi) Surplus - If the Incremental Tax Revenues available to the CDA in any
calendar year exceed the Annual Installment for such calendar year, such excess shall be deemed
a "Surplus". Any Surplus shall be deposited by the County in an escrow account (the "Escrow
Account") to be established with the Trustee under the Indenture to be used in the event that
-4-
000091.
Incremental Tax Revenues in any year are less than amounts needed to pay the Annual
Installment for such year; provided, however, that if in any year the financial report submitted in
accordance with paragraphs 4(a) and 5(t) shows that the amounts available for debt service on
the Bonds in the prior year and the amounts projected to be available for debt service in the
current year are at least equal to 1.5 times debt service, the County shall not be required to
deposit any Surplus in the Escrow Account in the current year. If any portion of the Annual
Installment for a given calendar year was collected by the County from the Developer or any
Additional Property Owners, the Surplus shall be used to reimburse the Developer or the
Additional Property Owners, as appropriate, for that portion of the Annual Installment for such
calendar year that was actually collected from the Developer or any Additional Property Owners
by the County in accordance with the Rate and Method. The County and the CDA agree that any
Surplus payable to the Developer or any Additional Property Owners pursuant to this
subparagraph (vi) shall, subject to appropriation by Board of Supervisors, be paid to the
County's Economic Development Authority or other entity legally authorized to make payments
to the Developer or any Additional Property Owners.
Any amounts on deposit in the Escrow Account after the Bonds have been re-paid
in full, or provision for their re-payment in full has been made, and any reimbursements to the
Developer or any Additional Property Owner have been made as provided above, shall be paid to
the County.
(b) Incremental Tax Revenues -- The County agrees to pay to the CDA certain
Incremental Tax Revenues, determined as set forth below, each year as long as any Bonds are
outstanding, subject to appropriation each year by the Board of Supervisors. The County
Administrator or other officer responsible for proposing the County's budget to the Board of
Supervisors shall propose payments to the CDA to be derived from such Incremental Tax
Revenues in the County's budget for each fiscal year any Bonds are outstanding; provided that
such payments shall be made only to the extent of available Incremental Tax Revenues.
The County's obligation to make payments to the CDA of Incremental Tax
Revenues shall not be deemed to be a general obligation of the County, shall be payable
solely from payments of the Incremental Tax Revenues received by the County and shall be
subject to and dependent on appropriations being made from time to time of Incremental
Tax Revenues by the Board of Supervisors for such purpose.
The Incremental Tax Revenues shall equal the sum of all Real Property Tax
Incremental Revenues and Sales Tax Revenues, each as hereinafter defined. "Real Property Tax
Incremental Revenues" means 500/0 of the County's regular ad valorem real property tax
revenues (not including any special tax revenues) collected each year by the County within the
CDA District (including payments of any "roll back" taxes) which exceed the ad valorem real
property tax revenues collected by the County within the CDA District during calendar year
2006 which base amount is $ . "Sales Tax Revenues" means 25% of the County's
sales tax revenues consisting of the "local portion" of the sales tax collected by the County from
retail establishments located within the CDA District.
-5-
000092
Real Property Tax Incremental Revenues shall be paid semi-annually by the
County to the Trustee, as assignee of the CDA in an amount equal to one-half of the Real
Property Tax Incremental Revenues for such year (but not exceeding actual Real Property Tax
Incremental Revenues collected in such year), on each August 1 and February 1, beginning
August 1, 2008.
Sales Tax Revenues shall be paid annually by the County to the Trustee, as
assignee of the CDA on each August 1, beginning August 1, 2008 in an amount equal to Sales
Tax Revenues collected in the prior calendar year, as determined by the County.
After the Bonds have been re-paid in full, or provision for their re-payment in full
has been made, the tax increment contribution plan shall expire and all Incremental Tax
Revenues shall thereafter be retained by the County.
(c) Administrative Costs -- If requested by the County, theCDA shall
reimburse the County for its reasonable costs and expenses associated with the CDA, including
the administration and collection of the revenues payable to the CDA. Administrative expenses
(not to exceed $70,000 in the first year the Annual Installment is collected and $2,500 in
subsequent years) may be deducted by the County in its remittance to the CDA or the Trustee for
the Bonds; provided that the initial payment of $70,000 may be paid from proceeds of the Bonds
in lieu of deducting it from the first payment of the Annual Installment. In addition to
administrative expenses, the County shall be entitled to recover any additional costs incurred by
the County in conjunction with any and all proceedings to collect the amounts payable to the
CDA hereunder, including tax foreclosure, administrative and other proceedings.
(d) Notice to Subsequent Landowners - The Developer and the Additional
Property Owners will include in each sales contract and each deed for the conveyance of a fee
simple interest in any portion of land within the CDA District that is subject to an outstanding
Special Assessment a disclosure statement that includes a statement of the amount of the
applicable portion of the Special Assessment and setting forth the name and address of the
CDA's administrator or other location where information regarding the CDA and the Special
Assessment may be obtained. All such sales contracts and deeds shall also include a covenant
that all subsequent deeds conveying any fee simple interest in land within the CDA District that
is subject to an outstanding Special Assessment include such disclosure statement. The
Developer and the Additional Property Owners each agree that they will notify the CDA and the
CDA's administrator in writing, within ten (10) days after recordation of a deed of conveyance,
of the sale of any land owned by the Developer or any Additional Property Owner, as
appropriate, indicating the tax map parcel number of the property sold and the purchaser of the
property.
5. Additional Covenants.
(a) The Developer and the CDA agree that all improvements financed with
proceeds of the Bonds will be conveyed to the County or other appropriate public entity. The
County or other appropriate public entity shall undertake ownership, operation and maintenance
-6-
000093
of all such improvements within [90] days following the completion thereof, subject to the
satisfaction of the requirements outlined in paragraph 5(g) below.
(b) The Developer and the CDA agree that no payments will be requested by
the CDA from the County other than the payments described herein. The Bonds will not
constitute a debt or pledge of the full faith and credit of the County and will not impose any
liability on the County and the documents pursuant to which the Bonds are issued and sold
will contain a statement to that effect in form satisfactory to the County.
(c) The CDA will sell the Bonds only in minimum denominations of
$100,000 and appoint Stone & Youngberg LLC as the underwriter for the Bonds.
(d) The Developer (1) will enter into guaranteed maximum price contracts for
the design and construction of the Improvements and (2) will obtain payment and performance
bonds and/or completion bonds from the general contractor for such contracts acceptable to the
County Administrator. Before delivery of such guaranteed maximum price contracts and bonds,
CDA Bond proceeds will be expended only for costs of issuing the Bonds and for capitalized
interest payments and no Bond proceeds will be expended for design and construction of the
Improvements until such contracts and payment and performance and/or completion bonds have
been delivered.
(e) The CDA agrees to comply with the continuing disclosure requirements of
Securities and Exchange Commission Rule 15c2-12 even if the Bonds are exempt from such
Rule and to furnish copies of all filings under such Rule to the County Administrator within 15
days after filing. The Developer and the County shall cooperate with CDA and shall endeavor to
provide information with respect to the Developer, the Improvements and the Special
Assessment and Incremental Tax Revenues, as appropriate, reasonably requested by the CDA in
connection with the CDA's disclosure obligations.
(f) The CDA will engage a professional administrator to oversee its financial
affairs and shall obtain an annual report of the CDA's finances from such administrator. Copies
of such financial report and all other reports required by the Trustee for the Bonds and the
owners of the Bonds shall be furnished to the County Administrator and the County's Budget
Director as soon as they are available to the CDA. The CDA will provide audited fin~cial
statements to the County by September 30 of each year. Unless otherwise approved by the
County, the CDA's audited financial statements will be prepared by the auditor engaged by the
County to prepare the County's audited financial statements. The fiscal year of the CDA shall be
from July 1 through June 30.
(g) The Developer and the CDA agree that the Improvements will be built in
accordance with all applicable federal, state and local laws, rules and regulations and that the
Improvements will be built in compliance with all applicable specifications of the County and
the Virginia Department of Transportation.
6. Apuroved Bud!!et: and Notice of Appropriation. The County shall furnish to
the Developer, the CDA and the Trustee for the Bonds as soon as available a copy of the
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000094
approved budget of the County for the next succeeding fiscal year of the County. The County
Administrator shall deliver to the CDA and to the Trustee for the Bonds within 10 days after the
beginning of each of the County's fiscal years a written notice specifying the amounts
appropriated by the Board of Supervisors to the CDA during such fiscal year. The County
agrees to notify the Trustee for the Bonds and each Nationally Recognized Municipal Securities
Information Repository and any State Information Depository within the Commonwealth of
Virginia in the event the Board of Supervisors fails to appropriate any amounts payable
hereunder by the County.
7. Prereauisites to Issuance of Bonds. The CDA agrees that it will not issue
Bonds until the Developer and the Additional Property Owners have satisfied the prerequisites
set forth in this paragraph. The Developer and each Additional Property Owner agrees that it
will provide the following to the County in form and substance reasonably satisfactory to the
County before the issuance of the Bonds:
(a) such information and assurances as are necessary to complete the disclosure
documents prepared in connection with the sale of the Bonds;
(b) evidence of the ability of the Developer and the Additional Property Owners to
substantially complete their respective portions of the Project within 36 months after issuance of
the Bonds and evidence of the ability of the Developer to substantially complete the
Improvements within 16 months after the issuance of the Bonds, subject in each case to Force
Majeure, including (i) final or near final cost calculations for the Project and the Improvements;
and (ii) disbursement schedules for the Bond proceeds;
(c) confirmation that the Project complies with all applicable zoning requirements; and
(d) such engineering and other reports regarding the Improvements and the Project as
the County shall reasonably require.
8. Auuroval bv County. Any approval or consent required of the County under this
Memorandum may be given by the County Administrator or such officer's designee unless
action by the Board of Supervisors is expressly required.
9. Successors and Assie:Ds. This Memorandum shall be binding upon, inure to the
benefit of and be enforceable by the parties and their respective successors and assigns.
10. Amendments. This Memorandum may be amended only in writing signed by
each of the parties hereto or their successors and assigns.
11. Term. This Memorandum shall be in full force and effect until all Bonds have
been paid or deemed no longer outstanding under the Indenture.
12. Severability. If any clause, provision or section of this Memorandum is held to
be illegal or invalid by any court, the invalidity of the clause, provision or section shall not affect
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000095
any of the remaining clauses, provisions or sections, and this Memorandum shall be construed
and enforced as if the illegal or invalid clause, provision or section had not been contained in it.
13. ConnterDarts. This Memorandum may be executed in any number of
counterparts, each of which shall be deemed to be an original, and all of which together shall
constitute but one and the same instrument.
14. Recitals. The recitals set forth at the beginning of this Memorandum are
incorporated into and made a part of this Memorandum as though they were fully set forth in this
Section 14 and constitute representations and understandings of the parties hereto.
15. Governine: Law and Venne. This Memorandum shall be governed by the laws
of the Commonwealth of Virginia. Any lawsuit, action or proceeding arising under this
Memorandum shall be brought exclusively in the Circuit Court of the County of Chesterfield,
Virginia.
16. Notices. Any notice, request or other deliveries required to be given hereunder
shall be deemed given if sent by registered or certified mail, or overnight delivery service,
postage prepaid, addressed to the following addresses:
County:
9901 Lori Road
P. O. Box 40
Chesterfield, VA 23832
Attention: County Administrator
CDA:
Attention: Chairman
CDA Administrator
MuniCap, Inc.
8340 Governor Ridgley Lane
Ellicott City, MD 21043
Attention: Keenan Rice
Developer:
Metropolitan Partnership, Ltd.
11111 Sunset Hills Road, Suite 111
Reston, VA 20190
Attention: Cary M. Euwer, Jr.
President and Chief Executive Officer
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000096
and Zaremba Richmond, LLC
14600 Detroit Avenue, Suite 1500
Lakewood, OH 44107
Attention: Barbara V onBenken
Assistant Vice President/Secretary
Any party may designate any other addresses for notices or requests or other deliveries by
giving notice under this Section 16.
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WITNESS the following signatures.
BOARD OF SUPERVISORS OF THE COUNTY
OF CHESTERFIELD, VIRGINIA
By:
Title: Chairman
WATKINS CENTRE COMMUNITY
DEVELOPMENT AUTHORITY
By:
Title: Chairman
ZAREMBA METROPOLITAN MIDLOTHIAN,
LLC
By: Zaremba Richmond, LLC
By:
Title: Manager
WATKINS LAND, L.L.C.
By:
Title: Manager
SUNTRUST BANK
By:
Title:
VILLAGE BANK
By:
T i tl e :
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000098
BRANCH BANKING & TRUST COMPANY OF
VIRGINIA
By:
Title:
BEP LIMITED PARTNERSHIP
By:
Title:
REBKEE PARTNERS WESTCHESTER, LLC
By:
Title:
GRA Y LAND AND DEVELOPMENT
COMPANY, LLC
By:
Title:
The undersigned Treasurer of the County executes this Memorandum for purposes of agreeing to
the provisions of Paragraph 4.
Name:
Title: Treasurer, County of Chesterfield, Virginia
Exhibit A - Plat Depicting Property
Exhibit B - Description of Transportation System Improvements
Exhibit C - Ordinance
Exhibit D - Rate and Method of Apportionment of Special Assessment
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Exhibit A
Plat Depicting Property
[To be provided by Developer]
0001.00
Exhibit B
Description of Transportation System Improvements
Improvement
Total
Estimated Cost
Design roads
Wetland fees
Permit fees
Field inspections
Access fees
Signage
Construct WCPS - 1,000 ft.
Construct WCPS / 288
Construst WCPN / 288
Traffic signal WCP / 60
MWV access road
Watkins Center Parkway Construction
Route 60 Improvements
CDA supervision fee
$350,000
$250,000
$200,000
$200,000
$100,000
$1,050,000
$1,200,000
$4,140,675
$3,348,880
$250,000
$950,000
$
$
$300,000
Total:
CDA bond funded portion
Developer funded portion
$
$12,339,555
$
000:101.
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EXHIBIT ,A-1
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Proposed Watkins Centre CDA District Boundaries - August 16, 2006
Legend
Hughes Ryland & Jeanne 2.769 ae
Gray Land Co. 4.63 ae
Watkins Jeanne G Trustee 4.09 ae
Watkins Daniel 33.51 ae
Rt. 288
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EXHIBIT A-2
0001 (l:l
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Exhibit B
Description of Transportation System Improvements
Improvement
Design roads
Wetland fees
Permit fees
Field inspections
Access fees
Signage
Construct WCPS - 1,000 ft.
Construct WCPS / 288
Construst WCPN /288
Traffic signal WCP / 60
MWV access road
Watkins Center Parkway Construction
Route 60 Improvements
CDA supervision fee
Total:
CDA bond funded portion
Developer funded portion
Total
Estimated Cost
$350,000
$250,000
$200,000
$200,000
$100,000
$1,050,000
$1,200,000
$4,140,675
$3,348,880
$250,000
$950,000
$
$
$300,000
$
$12,339,555
$
EXHIBIT B
000:1.04
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EXHIBIT C
i
AN ORDINANCE TO AMEND THE CODE OF
THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED,
BY ADDING CHAPTER 9, ARTICLE XVI,
SECTIONS 9-219, 9-220, 9-221, 9-222, 9-223, 9-224, 9-225
AND 9-226 CREATING THE WATKINS CENTRE
COMMUNITY DEVELOPMENT AUTHORITY
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
WHEREAS, the Board of Supervisors of Chesterfield County, Virginia (the "Board") has
received a petition (the "Petition") from certain landowners (collectively, the "Landowners") for
the creation of the Watkins Centre Community Development Authority (the "CDA"), and the
Landowners have represented that they own more than 51 % of the land within the proposed
CDA district; and
WHEREAS, a public hearing has been held on August 23, 2006 by the Board on the
adoption of this Ordinance and notice has been duly provided as set forth in ~ 15.2-1427 of the
Code of Virginia of 1950, as amended and ~~15.2-5104 and 15.2-5156 of the Virginia Water and
Waste Authorities Act, Chapter 51, Title 15.2, Code of Virginia of 1950, as amended (the "Act");
and
WHEREAS, the Board proposes to create the CDA in order to provide the transportation
improvements described in the Petition; and
WHEREAS, the creation of the CDA to assist in financing the transportation
improvements described in the Petition in connection with the proposed development within the
CDA district will benefit the citizens of Chesterfield County, Virginia (the "County") by
promoting increased employment opportunities, a strengthened economic base, increased tax
revenues and additional business, retail and recreational opportunities, and will meet the
increased demands placed upon the County as a result of development within the CDA district;
and
WHEREAS, the Landowners have waived in writing their right to withdraw their
signatures from the Petition in accordance with ~ 15.2-5156 of the Act.
(1) NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF
CHESTERFIELD COUNTY, VIRGINIA, that Sections 9-219 through 9-227 of the Code of the
County of Chesterfield, 1997, as amended, are hereby enacted asfollows:
Section 9-219 Creation of Authoritv. The Watkins Centre Community Development
Authority (CDA) is hereby created as a political subdivision in accordance with the applicable
provisions of the Virginia Water and Waste Authorities Act (the "Act"). The CDA shall have
the powers set forth in the Act.
Section 9-220. Boundaries of CDA. The CDA boundaries shall initially include the
property identified in Exhibit A.. attached to this ordinance and presented to the Board of
Supervisors upon creation of the District (the "Initial CDA District"). In accordance with ~15.2-
5157 of the Act.. a copy of this Ordinance shall be recorded in the land records of the Circuit
0505:72587.2
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Court of Chesterfield County for each tax map parcel in the CDA district as such CDA district
exists at the time of issuance of the CDA's bonds (the "Bonds") and the CDA district shall be
noted on the land records of the County. The Board of Supervisors.. upon the request of the CDA
or the Landowners" may.. by adopting an amendment to this Ordinance.. release or exclude from
the CDA district (i) at any time before the issuance of the Bonds certain portions of land as long
as at least 250 acres of land remain in the CDA district and (ii) after the issuance of the Bonds
only de minimis portions of land not to exceed aporoximately two acres. In addition.. the CDA
may release and exclude from the CDA district oarcels of land with respect to which all special
assessments have been paid or prepaid.
Section 9-221. Facilities and Services. The CDA is created for the puroose of exercising
the powers set forth in the Act.. including financing.. constructing.. acquiring and developing.. and
owning and maintaining if necessary.. certain transportation infrastructure in connection with the
development of a mixed-use proiect consisting of commercial.. industrial and office components
as more particularly described in the Petition (the "Imorovements"). The CDA shall have all the
powers provided by the Act. The COA shall not provide services which are provided by.. or
obligated to be orovided by.. any authority already in existence pursuant to the Act unless such
authority provides the certification reauired bv & 15.2-5155 of the Act.
Section 9-222. Articles of Incorporation. Attached as Exhibit B and presented to the
Board of Supervisors at the time of the adoption of this Ordinance are the proposed Articles of
Incorporation of the CDA. The County Administrator is authorized and directed to execute and
file such Articles of Incorporation on behalf of the Board with the State Corooration Commission
in substantially the form attached as Exhibit B with such changes.. including insubstantial
changes to the boundary description of the CDA district described therein.. as the County
Administrator may approve. The County Administrator is authorized to approve such changes or
corrections to the Articles of Incorooration prior to filin~ with the State Corporation Commission
as do not change the purpose or function of the CDA as set forth in this Ordinance and in the
Petition.
Section 9-223. Capital Cost Estimates. The Board hereby finds.. in accordance with
&15.2-5103(B) of the Act.. that it is impracticable to include capital cost estimates.. proiect
proposals and oroiect service rates.. except as preliminarily summarized in the Petition.
Section 9-224. Membership of the Authority.
(a)
members.
The powers of the CDA shall be exercised by an authoritv board consisting of five
(b) All members of the CDA board shall be appointed bv the Board by resolution in
accordance with the provisions of &15.2-5113.
(c) The initial members of the CDA board shall be as set forth in the Articles of
Incorporation for the terms set forth therein.
(d) Each CDA board member shall receive such compensation from the CDA for his
or her services as a CDA board member as may be authorized from time to time by resolution of
0505:72587.2
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the CDA board.. provided that no member shall receive compensation in excess of $300 per
meeting attended unless authorized bv resolution of the Board.
Section 9-225. Plan of Finance: Issuance of Bonds.
(a) The improvements.. services and operations to be undertaken by the CDA as
described herein and in the Petition shall be funded from all or some of the following sources: (i)
the Bonds to be issued by the CDA: (ii) special assessments to be levied pursuant to Virginia
Code Section 15.2-5158A5: and (iii) contributions made by the County of certain incremental tax
revenues generated within the CDA district as more particularly described in the Petition and in
the Memorandum of Understanding to be entered into by the CDA.. the County and the
Landowners.
(b) DDon the enactment of this Ordinance.. the CDA will engage a -professional
administrator to Drepare.. with the assistance of the Countv.. an assessment roll for all parcels of
land within the COA district. Such administrator will annually calculate the incremental tax
revenues collected within the CDA district and will prepare a report which details the amount of
the special assessment.. if any.. owed by the owner of each parcel of land within the CDA district.
(c) The Bonds to be issued bv the CDA will be tax-exempt bonds and will not exceed
a maximum aegregate amount of $16..000..000. The proceeds from the sale of the Bonds will be
used to Day the costs of the Improvements as described herein and in the Petition.. the costs of
issuing the Bonds and any required reserves.. and interest on the Bonds for a period UP to twentv-
six (26) months after the issuance of the Bonds. If there are any proceeds from the sale of the
Bonds remaining after the payment of these costs.. such excess proceeds shall be used to pay
down the Bonds. If the proceeds from the sale of the Bonds are insufficient to pay these costs..
the Petitioners shall be solely resoonsible for paving any deficiency.
(d) Any bonds issued by the CDA or any other financing arrangements entered into
by the CDA will be debt of the CDA.. will not be a debt or other obligation of the County and
will not constitute a pledge of the faith and credit of the County.
Section 9-226 Recordation of Ordinance. In accordance with &15.2-5157 of the Act.. the
Board hereby directs the Clerk of the Circuit Court of the County to record a CODY of this
Ordinance in its land records for each tax map parcel included in the CDA district and to note the
existence oillie CDA district on the land records of the County.
(2). This Ordinance shall take effect immediately.
0505:72587.2
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0001.07
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C.
;a,
.
The undersigned Clerk of the Board of Supervisors of Chesterfield County, Virginia,
certifies that the foregoing constitutes a true, complete and correct copy of an Ordinance enacted
at a regular meeting of the Board of Supervisors of the County of Chesterfield, Virginia, held on
, 2006.
Clerk, Board of Supervisors,
Chesterfield County, Virginia
Exhibits:
A - Initial CDA District Boundaries
B - Proposed Articles of Incorporation
0505:72587.2
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EXHIBIT A
Description of Community Development Authority Boundaries
Tax MaD Parcel Owner Acreaee
714-707-6311 W ATKINS LAND L.L.C. 6.0
714-707-9182 W ATKINS LAND L.L.C. 3.77
714-712-9323 W ATKINS LAND L.L.C. 7.0
715-710-8459 WATKINS CHRISTOPHER 0, ALIDA N. 0.869
MARTIN, JANET N. KALENIAN
715-711-0444 W ATKINS LAND L.L.C. 5.0
715-711-4043 W ATKINS DANIEL S 5.32
715-712-3508 W ATKINS LAND L.L.C. 7.0
716-710-0846 W ATKINS CHRISTOPHER 0, ALIDA N. 2.813
MARTIN, JANET N. KALENIAN
716-710-2342 W ATKINS CHRISTOPHER 0, ALIDA N. 0.195
MARTIN, JANET N. KALENIAN
716-713-6822 W ATKINS DANIEL S & MARIA RICE 28.192
715-712-8474 GRA Y LAND AND DEVELOPMENT COMPANY 4.63
LLC
717 -708-5080 WATKINS LAND L.L.C. 406.45
717-711-0537 W ATKINS JEANNE G TRUSTEE 4.09
717-711-0707 HUGHES RYLAND J & JEANNE W 2.769
718- 705-6022 WATKINS LAND L.L.C. 13.694
718-706-3636 WATKINS LAND L.L.C. 6.434
Total Acres: 504.226
\4098455.1
0001.09
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Articles of Incorporation
of
Watkins Centre Community Development Authority
The undersigned, pursuant to Chapter 51, Title 15.2 of the Code of Virginia, adopts the
following Articles of Incorporation for the Watkins Centre Community Development Authority
and states as follows:
Article I
Name
The name of this Authority is W ATKINS CENTRE COMMUNITY DEVELOPMENT
AUTHORITY (the "Authority").
Article II
Onzanization
Pursuant to an ordinance adopted by the Board of Supervisors of Chesterfield County,
Virginia ("Board of Supervisors") on August 23, 2006 (the "Ordinance"), the Authority shall be
organized by the County of Chesterfield, Virginia (the "County") under the Virginia Water and
Waste Authorities Act (Chapter 51, Title 15.2 of the Code of Virginia of 1950, as amended) (the
"Act"), as a political subdivision governed by the laws of the Commonwealth of Virginia.
Article III
Members
The affairs of the Authority shall be conducted by an authority board of five members
("CDA Board"). The initial CDA Board members are as set forth in Exhibit A attached hereto
and incorporated by reference. All subsequent members shall be appointed by resolution of the
Board of Supervisors. Each member shall serve a four year term, except the initial members who
shall serve the terms of office set forth in Exhibit A hereto. The election of officers of the
Authority shall be as set forth in the By-Laws of the Authority. Qualifications and appointment
of members of the CDA Board shall be consistent with the requirements of the Act.
The CDA Board shall have the powers and duties set forth in the Act and in these
Articles of Incorporation and the By-Laws, to the extent that such powers and duties are not
inconsistent with the Act.
Article IV
Princioal Office
The Authority's principal office shall be c/o Watkins Land, L.L.C., 101 Dry Bridge Road,
Midlothian, Virginia 23114. The Authority may conduct its business and maintain offices for
00011.0
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such purposes at such other places within or without the County as may from time to time be
deemed advisable by the CDA Board, and not in conflict with the requirements of the Act.
Article V
Authoritv District
The land initially encompassed within the Authority is set forth in Exhibit B attached
hereto (the "Initial Authority District") provided that the Board of Supervisors by amendment of
the Ordinance, upon the request of the Authority or the landowners petitioning to create the
Authority, may release and exclude from the Authority district (i) at any time before the issuance
of the Authority's bonds certain portions of land as long as at least [250] acres of land remain in
the Authority district and (ii) after such bonds are issued only certain de minimis portions of land
not to exceed approximately two acres. In addition, the Authority may release and exclude from
the Authority district portions of land with respect to which all special assessments have been
paid or prepaid.
Article VI
PurDoses and Powers
The Authority is organized for the purpose of exercising all powers granted by the Act,
including financing, planning, acquiring and constructing transportation infrastructure
improvements generally described in the Petition to create the Authority attached hereto as
Exhibit C. The Authority shall have all powers granted to a "community development authority"
under the Act.
Article VII
Not-for-Profit
The Authority shall not be organized or operated for pecuniary gain or profit. No part of
the net earnings of the Authority shall inure to the benefit of, or be distributable to any member,
director, officer, or any other private person, except that the Authority shall be authorized and
empowered to pay reasonable compensation for services rendered and to make payments in
furtherance of the purposes set forth in Article VI.
Article VIII
Amendment of Articles
These Articles of Incorporation may be amended at any time and from time to time by the
Board of Supervisors as now or hereafter prescribed by the Act.
Article IX
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Ret!istered Office and Ree:istered At!ent
The address of the initial registered office of the Authority is c/o Edmund S. Pittman,
McGuireWoods LLP, One James Center, 901 East Cary Street, Richmond, Virginia 23219. The
initial Registered Agent of the Authority is Edmund S. Pittman, whose business address is
identical to that of the initial registered office and who is a resident of Virginia and a member of
the Virginia State Bar.
Article X
Initial Members
The names and addresses of the initial members of the CDA Board are as set forth on the
attached and incorporated Exhibit A.
Article XI
Indemnification
(a) For purposes of this Article XI the following definitions shall apply:
(i) "exoenses" include counsel fees, expert witness fees, and costs of
investigation, litigation and appeal, as well as any amounts expended in asserting a claim for
indemnification;
(ii) "liabilitv" means the obligation to pay a judgment, settlement, penalty,
fine, or other such obligation;
(iii) "leszal entitv" means a corporation, limited liability company, partnership,
joint venture, trust, employee benefit plan or other enterprise; and
(iv) "proceeding" means any threatened, pending, or completed action, suit,
proceeding or appeal whether civil, criminal, administrative or investigative and whether formal
or informal.
(b) In every instance in which the Virginia Nonstock Corporation Act, as it exists on
the date hereof or may hereafter be amended, permits the limitation or elimination of liability of
directors or officers of a corporation to the corporation, the members, directors and officers of
the Authority shall not be liable to the Authority.
(c) The Authority shall indemnify any individual who is, was or is threatened to be
made a party to a proceeding (including a proceeding by or in the right of the Authority) because
such individual is or was a member, director or officer of the Authority or because such
individual is or was serving the Authority or any other legal entity in any capacity at the request
of the Authority while a member, director or officer of the Authority, against all liabilities and
reasonable expenses incurred in the proceeding except such liabilities and expenses as are
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incurred because of such individual's willful misconduct or knowing violation of the criminal
law. Service as a member, director or officer of a legal entity controlled by the Authority shall
be deemed service at the request of the Authority. The determination that indemnification under
this paragraph (c) is permissible and the evaluation as to the reasonableness of expenses in a
specific case shall be made, in the case of a member or director, as provided by law, and in the
case of an officer, as provided in Section (d) of this Article; provided, however, that if a majority
of the members of the Authority has changed after the date of the alleged conduct giving rise to a
claim for indemnification, such determination and evaluation shall, at the option of the person
claiming indemnification, be made by special legal counsel agreed upon by the CDA Board and
such person. Unless a determination has been made that indemnification is not permissible, the
Authority shall make advances and reimbursements for expenses incurred by a member, director
or officer in a proceeding upon receipt of an undertaking from such member, director or officer
to repay the same if it is ultimately determined that such member, director or officer is not
entitled to indemnification. Such undertaking shall be an unlimited, unsecured general
obligation of the member, director or officer and shall be accepted without reference to such
member's, director's or officer's ability to make repayment. The termination of a proceeding by
judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent shall
not of itself create a presumption that a member, director or officer acted in such a manner as to
make such member, director or officer ineligible for indemnification. The Authority is
authorized to contract in advance to indemnify and make advances and reimbursements for
expenses to any of its members, directors or officers to the same extent provided in this
paragraph (c).
(d) The Authority may, to a lesser extent or to the same extent that it is required to
provide indemnification and make advances and reimbursements for expenses to its members,
directors and officers pursuant to paragraph (c) of this Article, provide indemnification and make
advances and reimbursements for expenses to its employees and agents, the members, directors,
officers, employees and agents of its subsidiaries and predecessor entities, and any person
serving any other legal entity in any capacity at the request of the Authority, and may contract in
advance to do so. The determination that indemnification under this paragraph (d) is
permissible, the authorization of such indemnification and the evaluation as to the
reasonableness of expenses in a specific case shall be made as authorized from time to time by
general or specific action of the CDA Board, which action may be taken before or after a claim
for indemnification is made, or as otherwise provided by law. No person's rights under
paragraph (c) of this Article shall be limited by the provisions of this paragraph (d).
(e) The rights of each person entitled to indemnification under this Article shall inure
to the benefit of such person's heirs, executors and administrators. Special legal counsel selected
to make determinations under this Article may be counsel for the Authority. Indemnification
pursuant to this Article shall not be exclusive of any other right of indemnification to which any
person may be entitled, including indemnification pursuant to a valid contract, indemnification
by legal entities other than the Authority and indemnification under policies of insurance
purchased and maintained by the Authority or others. However, no person shall be entitled to
indemnification by the Authority to the extent such person is indemnified by another, including
an insurer. The Authority is authorized to purchase and maintain insurance against any liability
-4-
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it may have under this Article or to protect any of the persons named above against any liability
arising from their service to the Authority or any other legal entity at the request of the Authority
regardless of the Authority's power to indemnify against such liability. The provisions of this
Article shall not be deemed to preclude the Authority from entering into contracts othetwise
permitted by law with any individuals or legal entities, including those named above. If any
provision of this Article or its application to any person or circumstance is held invalid by a court
of competent jurisdiction, the invalidity shall not affect other provisions or applications of this
Article, and to this end the provisions of this Article are severable.
(t) No amendment, modification or repeal of this Article shall diminish the rights
provided hereunder to any person arising from conduct or events occurring before the adoption
of such amendment, modification or repeal.
[REMAINDER OF P AGE INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, the undersigned incorporator has executed these Articles of
Incorporation as of the _ day of , 2006, as duly authorized by Ordinance
adopted by the Board of Supervisors of Chesterfield County, Virginia on August 23, 2006.
By:
County Administrator, County of
Chesterfield, Virginia
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Exhibit A
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Names and Addresses of Initial Members
Hugh D. Keogh
3402 Sarsen Court
Midlothian, VA 232113
Robert L. Turner
14019 Old Hampstead Court
Chester, VA 23831
Marshall Smith
2900 Bosham Lane
Midlothian, VA 23113
Traci Stallings
2119 Normandstone Drive
Midlothian, VA 23113
Douglas L. Sbertoli
13671 Kingsmill Rd.
Midlothian, VA 23113
-7-
Term of Office
Commences Expires
August 23, 2006 August 1, 2010
August 23, 2006
August 23, 2006
August 23, 2006
August 23, 2006
August 1, 2010
August 1, 2010
August 1, 2010
August 1, 2010
0001.1.6
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Exhibit B
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Description of Initial Authority District
Tax Map Parcel Numbers
Tax Ma Parcel
714-707-6311
714-707-9182
714-712-9323
715-710-8459
715-711-0444
715-711-4043
715-712-3508
716-710-0846
716-710-2342
716-713-5414
717 -708-5080
717-711-0537
717-711-0707
718- 705-6022
718-706-3636
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Acrea e
6.
3.7
7.
0.86
5.
5.3
7.
2.81
0.19
28.19
406.4
4.0
2.76
13.69
6.43
499.59
0001.17
EXHIBIT D
RMA No.3
January 2, 2007
WATKINS CENTRE COMMUNITY DEVELOPMENT AUTHORITY
CHESTERFIELD COUNTY, VIRGINIA
Rate And Method of Apportionment
Of Assessment
A. INTRODUCTION
A Special Assessment shall be imposed and collected on real property within the Watkins
Centre Community Development Authority ("CD A") through the application of the
procedures described below. The Board of Directors of the CDA or their designee shall
make all determinations in this Rate and Method of Apportionment of Special
Assessment unless stated otherwise.
B. DEFINITIONS
The terms used herein shall have the following meanings:
"Act" means the Virginia Water and Waste Authorities Act, beginning with 915.2-5100
et seq. of the Code of Virginia, 1950, as it may be amended from time to time.
"Adjusted Annual Parcel Installment" means the amount calculated as the Adjusted
Annual Parcel Installment for each Parcel pursuant to Section D.
"Administrative Expenses" means the following costs directly related to the
administration of the CDA: the actual costs of computing the Annual Installments; the
actual costs of collecting the Annual Installments (whether by the County or otherwise);
the actual costs of remitting the Annual Installments to the Trustee; the actual costs of the
Administrator and Trustee (including legal counsel) in the discharge of their duties; the
costs of the CDA of complying with arbitrage rebate requirements; the costs of the CDA
of complying with securities disclosure requirements; and any other costs of the CDA in
any way related to the administration and operation of the CDA, including, without
limitation, the costs of official meetings of the CDA, the costs of legal counsel and other
consultants and advisors, and costs related to commencing foreclosure and pursuing
collection of delinquent Annual Installments.
"Administrator" means the official or designee of the CDA who shall be have the
responsibilities as provided herein, in the Bond Indenture, or by the Board of Directors.
"Annual Credit" means the amount calculated as the Annual Credit for each Parcel
pursuant to Section D.
Page 1 of 11
000:118
RMA No.3
January 2, 2007
"Annual Installment" means the portion of the Special Assessment as set forth in the
Special Assessment Roll that may be collected each Assessment Year from all Parcels in
the CDA.
"Annual Parcel Installment" means the allocation of the Annual Installment to each
Parcel pursuant to Section D.
"Annual Payment" shall be the portion of the Annual Parcel Installment to be collected
from each Parcel each Assessment Year as determined by the provisions of Section D.l.
"Annual Revenue Requirement" means, for any Assessment Year, the lesser of (A) the
Annual Installment for the Assessment Year and (B) the sum of the following: (1) debt
service on the Bonds to be paid from the Annual Installments; (2) periodic costs
associated with such Bonds, including but not limited to, rebate payments and any credit
enhancement on the Bonds; (3) Administrative Expenses; and (4) a contingency; less (5)
Incremental Tax Revenues available to the CDA that may be applied to the Annual
Revenue Requirement; (6) any credits applied under the Bond Indenture, such as
capitalized interest or interest earnings on any account balances, and (7) any other funds
available to the CDA that may be applied to the Annual Revenue Requirement.
"Assessed Property" means, for any Assessment Year, Parcels within the CDA other
than Non-Benefited Property.
"Assessment Year" means the annual cycle in which the Annual Payment is determined
each year for each Parcel, the Annual Payment is collected, and these revenues are
applied to the payments on the Bonds each year.
"Board of Directors" means the Board of Directors of the CDA.
"Bond Indenture" means the indenture or similar document setting forth the terms and
other provisions relating to the Bonds, as modified, amended and/or supplemented from
time to time.
"Bonds" means any bonds or other debt, including refunding bonds, whether in one or
more series, issued by or on behalf of the CDA under the Act and to be repaid with the
Special Assessments and other available revenues.
"Building Square Footage" or "BSF" means the actual or, for property not yet
developed, the estimated leasable building area as shown on the building permit,
architectural plans or other available documents, as estimated by the Administrator. If no
information is available on the estimated leasable building area, Building Square Footage
may be estimated by net usable land area and the estimated or allowable floor to area
ratio for the property.
"County" means the Chesterfield County, Virginia.
Page 2 of 11
000:119
RMA No.3
January 2, 2007
"Equivalent Units" means the Building Square Footage in 1,000s of square feet built or
that may be built on a Parcel multiplied by the factors for each land use class shown
below:
Land Use Class 1
Land Use Class 2
Land Use Class 3
1.00 per 1,000 BSF
0.52 per 1,000 BSF
0.56 per 1,000 BSF
"Incremental Tax Revenues" has the meaning given to such term in the Memorandum
of Understanding approved on _, 2007, by the County.
"Land Use Class I" means Assessed Property used or intended to be used primarily for
retail sales to the general public, including any ancillary uses thereto.
"Land Use Class 2" means Assessed Property used or intended to be used primarily as a
hotel, including any ancillary uses thereto.
"Land Use Class 3" means Assessed Property used or intended to be used primarily as
office space, including any ancillary uses thereto, and any Assessed Property that is not
classified as Land Use Class 1 or 2.
"Mandatory Special Assessment Prepayment" shall mean a mandatory prepayment of
Special Assessments pursuant to Section J.
"Non-Benefited Property" means Public Property, Owner Association Property, or
easements that create an exclusive use for a public utility provider.
"Owner Association Property" means Parcels within the boundaries of the CDA owned
by or irrevocably offered for dedication to a property owners' association (if not used in a
trade or business) and available for use by property owners in general.
"Parcel" means a lot or parcel with a tax map identification number assigned by the
County for real property tax purposes.
"Principal Portion of the Assessment" means the portion of the Special Assessments
equal to the outstanding principal amount of the Bonds. The Principal Portion of the
Assessments shall be allocated to Assessed Property proportionate to the Special
Assessments as set forth in Section C hereof. The Principal Portion of the Assessments
may be increased for refunding bonds or other reasons as long as the total of the Special
Assessments are not increased as set forth in the Special Assessment Roll.
"Public Improvements" means those improvements that the CDA has been authorized
to provide.
"Public Property" means, for any Assessment Year, property within the boundaries of
the CDA owned by or irrevocably offered for dedication to the federal government,
Page 3 of 11
0001.20
RMA No.3
January 2, 2007
Commonwealth of Virginia, the County, the CDA, or any other public agency, political
subdivision, or entity, whether in fee simple or any other property ownership interest that
creates a substantially exclusive use in the property.
"Special Assessment" means the Special Assessment on each parcel, including both the
Principal Portion of the Special Assessment and the Annual Installment, as shown on the
Special Assessment Roll, as calculated by the Administrator and confirmed by the Board
of Directors pursuant to the provisions of Section C.l., as it may be reapportioned upon
the subdivision of any Parcel according to the provisions of Section C.2. and as it may be
reduced according to the provisions of Sections C.3.
"Special Assessment Roll" means the document attached hereto as Appendix A-I and
A-2, as updated from time to time by the Board of Directors of the CDA in accordance
with the procedures set forth herein.
"Trustee" means the fiscal agent or trustee as specified in the Bond Indenture, including
a substitute fiscal agent or trustee.
C. SPECIAL ASESSMENTS
1. The Amount of the Special Assessment
The total of the Special Assessments and the Annual Installments shall not exceed the
amounts set forth in the Special Assessment Roll as it may be updated from time to time
as provided for herein. The Special Assessment for each Parcel shall be set by the Board
of Directors prior to the issuance of the Bonds and shall not be changed thereafter except
pursuant to the provisions herein. The Board of Directors shall set the Special
Assessment on each Parcel according to the following formula:
A = B x(C -+- D)
Where the terms have the following meanings:
A = the Special Assessment for a Parcel
B = the total of the Special Assessments for all Parcels as shown in the Special
Assessment Roll
C = the Equivalent Units of a Parcel
D = the sum of the Equivalent Units of all of the Parcels in the CDA.
Upon a change in the estimate of the total of the Equivalent Units of a Parcel, the Board
of Directors may reapportion the Special Assessment on some or all of the Parcels upon
the unanimous request of the owners of the Parcels for which the Special Assessment is
to be reapportioned. The reapportionment shall be made according to the following
formula:
A = (B -7- C) x D
Page 4 of 11
000121
RMA No.3
January 2, 2007
Where the terms have the following meanings:
A = the Special Assessment of the Parcel
B = the Equivalent Units of a Parcel
C = the total Equivalent Units of all Parcels subject to the reallocation
D = the total of the Special Assessments for all Parcels subject to the
reallocation.
The computation of the Equivalent Units shall be calculated by the Administrator, based
on the information available regarding the use of the Parcel, and the estimate of the
Administrator shall be final. The Administrator shall use consistent standards in
preparing the calculations and shall prepare and keep in the records of the CDA the
computations made according to this section.
The total of all Special Assessment shall not be reduced after the issuance of Bonds
except as provided below.
2. Reapportionment of Special Assessment Upon the Subdivision of a Parcel
a. Subdivision of a Parcel
Upon the subdivision of any Parcel, the Special Assessment (including both the Principal
Portion of the Special Assessment and the Annual Installments) of the Parcel prior to the
subdivision shall be reallocated to each new Parcel in proportion to the Equivalent Units
of each Parcel and the Special Assessment for the Parcel prior to the subdivision. The
reapportionment of the Special Assessment shall be represented by the formula:
A = B x(C + D)
Where the terms have the following meanings:
A = the Special Assessment of the Parcel
B = the Special Assessment of the Parcel prior to the subdivision
C = the Equivalent Units of a Parcel
D = the sum of the Equivalent Units of all of the new Parcels of Assessed
Property that result from the subdivision.
The computation of the Equivalent Units shall be calculated by the Administrator based
on the information available regarding the use of the Parcel. The Administrator shall use
consistent standards in preparing the calculations and shall prepare and keep in the
records of the CDA the computations made according to this section.
In all cases, the Special Assessment after the subdivision of a Parcel shall equal the sum
of the Special Assessment before the subdivision of the Parcel.
Page 5 of 11
000:122
RMA No.3
January 2, 2007
b. Consolidation of a Parcel
Upon the consolidation of two or more Parcels, the Special Assessment Part for the
consolidated Parcel shall be the sum of the Assessments for the Parcels prior to the
consolidation, with each calculated separately.
3. Reduction in the Special Assessment
a. Reduction in Costs
If the Board of Directors resolves that the total actual costs to be incurred by the CDA,
including the costs of the Public Improvements and the costs related to the issuance and
repaying of Bonds, including refunding bonds, and Administrative Expenses are less than
the total amount of the Special Assessments, then the Board of Directors shall reduce the
Special Assessments (including the Principal Portion of the Special Assessments and the
Annual Installments, as applicable) such that the sum of Special Assessments equals the
total costs incurred or to be incurred. The Special Assessments shall be reduced for every
Parcel of Assessed Property in the CDA in the following manner. First, if the Public
Improvements were not completed and any Parcels were not fully improved by the Public
Improvements, the Special Assessments shall be reduced on these Parcels to represent the
Public Improvements made to these Parcels compared to the Public Improvements made
to the other Parcels, taking into consideration the use of the Public Improvements by each
land use class, as represented by the Equivalent Unit factors and the Public Improvements
actually provided. The Board of Directors may provide for the reduction in the Special
Assessments by equal percentage for each Parcel or some other means if the Board of
Directors determines this would be the most fair or practical method of reducing the
Special Assessments. Second, if additional reductions are to be made in the Special
Assessments, the Special Assessments shall be reduced by an equal percentage such that
the sum of the resulting Special Assessment for every Parcel equals the actual costs to be
incurred by the CDA.
The Special Assessments as reduced according to the provisions of this section shall not
be reduced to an amount that is less than the outstanding amount of the previously issued
Bonds, debt service on the outstanding Bonds, and estimated Administrative Expenses.
b. Repayment of the Bonds
The Special Assessments applicable to any Parcel shall be reduced each year as Bonds
are repaid. The Principal Portion of the Special Assessments shall be reduced for the
principal portion of the Annual Installments collected from each Parcel. The Special
Assessments shall also be reduced for the Annual Installments collected or foregone (that
is, the portion of the Annual Installments that exceeded the Annual Revenue Requirement
and is not to be collected).
Page 6 of 11
000123
RMA No.3
January 2, 2007
D. METHOD OF DETERMINING THE ANNUAL PAYMENT
Commencing with the Annual Payment to be collected in the 2007-2008 Assessment
Year and for each following Assessment Year, the Administrator shall calculate and the
Board of Directors shall confirm the Annual Payment on each Parcel.
1. The Annual Payment
The Annual Payment for each Parcel shall be calculated in the following manner:
A = B x(C + D)
Where the terms have the following meanings:
A = the Annual Payment for a Parcel;
B = the Annual Revenue Requirement for the Assessment Year for which the
Annual Payment is being calculated;
C = the Adjusted Annual Parcel Installment for the Parcel;
D = the Adjusted Annual Parcel Installment for all Parcels in the CDA.
2. The Adjusted Annual Parcel Installment
The Adjusted Annual Parcel Installment for a Parcel shall equal the Annual Parcel
Installment for each Parcel less the Annual Credit for the Parcel.
3. The Annual Parcel Installment
The Annual Assessment for each Parcel shall be calculated in the following manner:
A = B x(C + D)
Where the terms have the following meanings:
A = the Annual Parcel Installment for a Parcel
B = the Annual Installment for all Parcels in the CDA for that Assessment
Year as set forth in the Assessment Roll
C = the Principal Portion of the Special Assessments for the Parcel
D = the Principal Portion of the Special Assessments for all Parcels in the
CDA.
4. The Annual Credit
The Annual Credit for each Parcel, for each Assessment Year, shall be equal to the
Incremental Tax Revenues included in the calculation of the Annual Revenue
Requirement for that Assessment Year allocable to that Parcel. For purposes of
calculating the Incremental Tax Revenues for each Parcel, the base year tax revenues for
Page 7 of 11
0001.24
RMA No.3
January 2, 2007
each tax included in the Incremental Tax Revenues shall be allocated to each Parcel on
the basis of the total of the tax revenues from which the Incremental Tax Revenues are
calculated. For example, for real property tax increment revenues, the base real property
tax revenues would be allocated to each parcel in proportion to the total real property tax
revenues of the parcel divided by the total real property taxes of all parcels in the CDA
(using the total real property tax revenues from which the Incremental Tax Revenues are
calculated).
In the event a Parcel is subdivided into new Parcels in an Assessment Year prior to the
payment of the Annual Payment and a portion of the Parcel becomes Non-Benefited
Property, the Annual Payment shall be collected on the Parcel or Parcels of Assessed
Property based on the allocation of the Special Assessment pursuant to Section C.
E. UPDATING THE ASSESSMENT ROLL
The Board of Directors shall update Special Assessment Roll each Assessment Year to
reflect (i) the current Parcels in the CDA, (ii) the Special Assessment allocated for each
Parcel, including any adjustments to the Special Assessment as provided for in Section C,
(iii) the Principal Portion of the Special Assessment for each Parcel; (iv) the Annual
Parcel Installment for each Parcel, (v) the Annual Credit and Annual Payment for each
Parcel for the Assessment Year, (vi) prepayments of the Special Assessment, and (vii)
termination of the Special Assessment.
F. MANNER OF COLLECTION OF THE ANNUAL PAYMENT
Annual Payment shall be collected in the same manner and at the same time as regular
property taxes of the County and shall be subject to the same penalties, procedures, sale,
and lien priorities in case of delinquencies as are provided for regular property taxes of
the County. The CDA shall notify the County of the amount of the Annual Payment to
be collected on each Parcel each Assessment Year in a timely manner to allow the
collection of the Annual Payment by the County. The Board of Directors may provide
for other means of collecting the Annual Payment, to the extent permitted under the Act.
G. ADMINISTRATIVE REVIEW
An owner of a lot claiming that a calculation error has been made in the update of Special
Assessment Roll in any Assessment Year shall send a written notice describing the error
to the Board of Directors (or the Administrator if delegated to review appeals pursuant to
this section by the Board of Directors) not later than thirty (30) days after the date any
amount which is alleged to be incorrect is due prior to seeking any other remedy. The
Board of Directors (or the Administrator if so designated by the Board of Directors) shall
promptly review the notice, and if necessary, meet with the property owner, consider
written and oral evidence regarding the alleged error and decide whether, in fact, such a
calculation error occurred.
Page 8 of 11
000125
RMA No.3
January 2, 2007
If the Board of Directors (or the Administrator if so designated by the Board of Directors)
determines that a calculation error has been made that requires Special Assessment Roll
to be modified or changed in favor of the property owner, a cash refund may not be made
for any amount previously paid by the owner (except for the final Assessment Year
during which the Special Assessment shall be collected or if a determination is made that
there are sufficient funds available to meet the Annual Revenue Requirement for an
Assessment Year), but an adjustment shall be made in the amount of the Annual Payment
to be paid in the following Assessment Year. The decision of the CDA or its designee
regarding a calculation error relating to the Special Assessment Roll shall be conclusive
as long as there is a reasonable basis for the determination.
H. TERMINATION OF SPECIAL ASSESSMENTS
Except for any delinquent Annual Payments and related penalties and interest, the Special
Assessment shall be collected for a term not to exceed the term of all of the Bonds. In no
event shall the Special Assessments be collected beyond the period in which the Special
Assessment or the Bonds are fully paid as provided for herein.
After the retirement of all Bonds, and the collection of any delinquent Annual Payments,
penalties and interest, the CDA shall provide each owner of a Parcel a recordable
document (or provide for the recordation of such document) evidencing the termination
of the imposition and collection of Special Assessment.
I. PREPAYMENT OF SPECIAL ASSESSMENT
The Special Assessment on any Parcel may be fully paid at any time, the Special
Assessment reduced to zero, and the obligation to pay the Annual Installments
permanently satisfied by payment of an amount calculated according to the following
prOVISIons:
1. A sum equal to the Principal Portion of the Special Assessment for the Parcel, as
it may have been set, reapportioned or reduced pursuant to the provisions of
Sections C.l., C.2., C.3., and C.4; less,
2. A credit for the reserve fund equal to the amount provided for in the Bond
Indenture; plus,
3. A sum equal to (a) the amount needed to pay interest on the outstanding Bonds to
be redeemed and the investment earnings on the prepayment amount until the
Bonds can be called and redeemed, after taking into consideration the Annual
Payment paid or to be paid but not accounted for in the calculation of the
Principal Portion of the Special Assessment in Step 1 and (b) expenses of the
CDA related to the prepayment.
The amounts calculated in the preceding steps shall be paid to the CDA and shall be
distributed by the CDA to pay costs related to the prepayment and according to the Bond
Page 9 of 11
000:126
RMA No.3
January 2, 2007
Indenture. Upon the payment of such prepayment amount to the CDA, the obligation to
pay the Special Assessment for such Parcel shall be deemed to be permanently satisfied,
the Special Assessment for such Parcel shall be reduced to zero, the Annual Installment
shall not be collected on the Parcel thereafter, and the CDA shall provide to the owner (or
cause to be recorded) a recordable notice of the payment of the Special Assessment
within a reasonable period of time of receipt of such prepayment amount.
J. MANDATORY PREPAYMENT OF SPECIAL ASSESSMENTS
1. Prepayment of Special Assessments for Non-Benefited Property
A prepayment of the Special Assessment shall be required on any Parcel that is acquired
by an entity that results in the Parcel being classified as Non-Benefited Property, if the
Special Assessment may not be reapportioned to a Parcel of Assessed Property pursuant
to the provisions of Sections C.l. or C.2. In the event an entire Parcel becomes Non-
Benefited Property such that the Special Assessment cannot be reallocated to any other
Parcel pursuant to the provisions of Sections C.l or C.2., the Special Assessment shall
become immediately due and payable and shall be collected from proceeds of a sale,
condemnation, or other form of compensation for the property or from any other legally
available source of funds. The prepayment of the Special Assessment shall be calculated
as set forth in Section I.
2. Prepayment of Special Assessments Resulting From a Reduction in Equivalent
Units
The Special Assessments shall be prepaid in part upon a reduction of the Equivalent
Units that results in the Principal Portion of the Special Assessments exceeding a
maximum amount per Equivalent Unit as set forth in the Bond Indenture. The
Mandatory Prepayment shall be due from the Parcel (or any resultant Parcels) that results
in the application of the provisions of this section.
The Mandatory Prepayment shall be calculated as set forth in Section I, with the Principal
Portion of the Special Assessment being prepaid for the reduction in the number of
Equivalent Units.
The Mandatory Prepayment shall be due prior to the recordation, conveyance, or other
action that results in a change to any Parcel that results in a Mandatory Prepayment. The
Mandatory Prepayment shall have the same sale and lien priorities as provided for by law
for the Assessments.
The Mandatory Prepayment shall not exceed the amount of the outstanding Bonds plus
any amounts owed on the Bonds, including accrued interest and redemption fees.
Page 10 of 11
000121'
RMA No.3
January 2, 2007
K. AMENDMENTS
Immaterial amendments may be made to this Rate and Method of Apportionment of
Special Assessment by the Board of Directors without further notice under the Act and
without notice to owners of Assessed Property within the CDA. Immaterial amendments
shall be those that (i) clarify or correct minor inconsistencies in the matters set forth
herein, (ii) provide for lawful procedures for the collection and enforcement of the
Special Assessment and other charges imposed herein so as to assure their efficient
collection, and (iii) otherwise improve the ability of the CDA to fulfill its obligations to
impose and collect the Special Assessment and charges imposed herein and to make it
available for the payment of the Bonds, Administrative Expenses, and other costs of the
CDA. No such amendment shall be approved unless and until it has (i) been found and
determined that the amendment is necessary and appropriate and does not materially
adversely affect the rights of the owners of the Bonds and (ii) received an opinion of a
nationally recognized bond counsel to the effect that the amendment is permitted by the
terms of the Bond Indenture and this Rate and Method of Apportionment of Special
Assessment. Amendments may not be made to this Rate and Method of Apportionment
of Special Assessment pursuant to the procedure described above that would increase the
total of the Special Assessment or charges as set forth herein.
L. INTERPRETATION OF PROVISIONS
The Board of Directors shall make all interpretations and determinations related to the
application of this Rate and Method of Apportionment of Special Assessment, unless
stated otherwise herein or in the Bond Indenture, and as long as there is a rational basis
for the determination made by the Board of Directors, such determination shall be
conclusive.
M. SEVERABILITY
If any section or part of a section of this "Rate and Method of Apportionment of Special
Assessment" is declared invalid or unenforceable, the validity, force, and effect of any
other section or part of a section herein shall not thereby be affected or impaired unless
such other section or part of a section herein is wholly or necessarily dependent upon the
section or part of a section so held to be invalid or unenforceable.
Page 11 of 11
0001.28
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: January 10, 2007
Subiect:
Item Number: 9.8.3.a.
Acceptance of a Parcel of Land Along the West Right of Way Line of Jefferson
Davis Highway from Affordable Residences in Chesterfield, II
County Administratorls Comments:
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County Administrator:
Board Action Reauested:
Accept the conveyance of a parcel of land containing 0.022 acres along the
west right of way line of Jefferson Davis Highway (US Route 1 and 301) from
Affordable Residences in Chesterfield, 11/ and authorize the County
Administrator to execute the deed.
Summarvof Information:
It is the policy of the county to acquire right of way whenever possible
through development to meet the ultimate road width as shown on the County
Thoroughfare Plan. The dedication of this parcel conforms to that plan, and
will decrease the right of way costs for road improvements when constructed.
District: Bermuda
Preparer:
John W. Harmon
Title: Riaht of Way Manaaer
Attachments:
. Yes
DNO
#
0001.29
VICINITY SKETCH
i\C:C~EPTi\NC~E OF i\ P.4R.C;EL OF L.~ i\.LONG lHE \'iEST
RIGHf OF "ri\\" LINE OF ,JEFFERSOND.~'lIS lllGH\'7i\.Y
FROl\'1.~FFORD,.~BLE RESIDENC~ES IN (:HESTERFIELD II
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: January 10, 2007
Subiect:
Item Number: 9.B.3.b.
Acceptance of a Parcel of Land Along the South Right of Way Line of Hull
Street Road from the Trustees of Woodlake United Methodist Church
County Administrator1s Comments:
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County Administrator:
Board Action Reauested:
Accept the conveyance of a parcel of land containing 0.430 acres along the
south right of way line of Hull Street Road (State Route 360) from the
Trustees of Woodlake United Methodist Church, and authorize the County
Administrator to execute the deed.
Summarvof Information:
It is the policy of the county to acquire right of way whenever possible
through development to meet the ultimate road width as shown on the County
Thoroughfare Plan. The dedication of this parcel conforms to that plan, and
will decrease the right of way costs for road improvements when constructed.
District: Ma toaca
Pre parer:
John W. Harmon
Title: Riaht of Way Manaaer
Attachments:
. Yes
DNO
#
000132
VICINITY SKETCH
.~C~CEPT.~(~E OF .A... P}\RC~EL OF L.~ .~LONG lHE SOlTTH
RIGHI OF '\l.l\. Y LINE OF HlTLL SlREET RO.ID FROl\/I mE
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: January 10,2007
Subiect:
Item Number: 9.B.3.c.
Acceptance of Parcels of Land Along the North Right of Way Line of River Road
from Bank of McKenney
County Administrator:
I(e~ 1t;Jfh~
~
County Administrator1s Comments:
Board Action Reauested:
Accept the conveyance of three parcels of land containing a total of 0.003
acres from Bank of McKenney I and authorize the County Administrator to
execute the deed.
Summarvof Information:
Staff requests that the Board of Supervisors accept the conveyance of three
parcels of land containing a total of 0.003 acres along the north right of
way line of River Road. This dedication is for the development of Bank of
McKenney.
District: Ma toaca
Preparer:
John W. Harmon
Title: Riaht of Way Manaaer
Attachments:
. Yes
DNa
#
000135
VICINITY SKETCH
i\C~(~EPT~~C~E OF Pi\RC~ELS OF Li\ND ~~LONG
TIlE NORTII OF RIGHI OF "i~L\.Y LINE OF
Iffi.TER RO~ID FROl\.1 Bi\NI( OF 1'<IC~I(ENNEY
VJRGJNJA AVE
APP QN\ A TI OX RIVER
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000136
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: January 10, 2007
Subiect:
Item Number: 9.B.3.d.1.
Acceptance of a Parcel of Land for a Turn Lane on at terdale Road from
Oakbridge Corporation
County Administrator:
e~~d (i~
iflJf
County Administrator1s Comments:
Board Action Reauested:
Accept the conveyance of a parcel of land containing 0.117 acres for a turn
lane on Otterdale Road from Oakbridge Corporation, and authorize the County
Administrator to execute the deed.
Summarvof Information:
Staff requests that the Board of Supervisors accept the conveyance of a
parcel of land containing 0.117 acres for a turn lane on Otterdale Road.
This dedication is for the development of Harpers Mill Subdivision.
Approval is recommended.
District: Ma toaca
Preparer:
John W. Harmon
Title: Riaht of Way Manaaer
Attachments:
. Yes
DNa
#
0001.38
VICINITY SKETCH
i\.C~C~EPT.~(,~E OF i~ P i\RC~EL OF L.~ FOR
.~ TIffiN L.~E ON OTIERDi\L,E RO.ID
FROl\/1 Oi\.KBRIDGE. C~ORPOR~TION
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MILL PAR"
"\WAy
Chesterfield County Department of Utilities
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: January 10, 2007
Subiect:
Item Number: 9.B.3.d.2.
Acceptance of Parcels of Land for Turn Lanes on Otterdale Road from J. Mark
Sowers and Deborah K. Sowers
County Administrator:
I(~J /)~CFvJ
~
County Administrator's Comments:
Board Action Reauested:
Accept the conveyance of two parcels of land containing a total of 0.246
acres for turn lanes on Otterdale Road from J. Mark Sowers and Deborah K.
Sowers, and authorize the County Administrator to execute the deed.
Summarv of Information:
Staff requests that the Board of Supervisors accept the conveyance of two
parcels of land containing a total of 0.246 acres for turn lanes on Otterdale
Road. This dedication is for the development of Harpers Mill Subdivision.
Approval is recommended.
District: Ma toaca
Preparer:
John W. Harmon
Title: Riaht of Way Manaaer
Attachments:
. Yes
DNO
#
0001.4:1
VICINITY SKETCH
i\C~C~EPT.lliC~E OF P .-\RC~ELS OF L.~ FOR
TIJRN L.lliES ON 01TERD.~LE RO.AD FROl\'I
J l\lL-\RI( so\,rE.RS .~ DEBORAH I( SO'~~lERS
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R'S 11111
LL PAR
KWA. y
Chesterfield County" Department of Utilities
I lie. ~ q,a is. 43i' .6::= to" t
000142
I
0001.43
.
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: January 10, 2007
Subiect:
Item Number: 9.8.3.e.
Acceptance of Parcels of Land Along the West Right of Way Line of Jefferson
Davis Highway from Richmond Affordable Housing
County Administrator's Comments: 12~ ()~
County Administrator:
/&(
Board Action Reauested:
Accept the conveyance of two parcels of land containing a total of 0.096
acres along the west right of way line of Jefferson Davis Highway (US Route 1
and 301) from Richmond Affordable Housing, and authorize the County
Administrator to execute the deed.
Summarvof Information:
It is the policy of the county to acquire right of way whenever possible
through development to meet the ultimate road width as shown on the County
Thoroughfare Plan. The dedication of these parcels conforms to that plan,
and will decrease the right of way costs for road improvements when
constructed.
District: Bermuda
Preparer:
John W. Harmon
Title: Riaht of Way Manaaer
Attachments:
. Yes
DNa
#
000:144
VICINITY SKETCH
~L\.C~C~EPT.:\NC~E OF P~4RC~ELS OF LAND 4.~LONG lHE
\,rEST RIGHT OF "7.i\.Y LINE OF JEFFERSON D.~ \'1JS
mGH\,r.~ \T FROl\/1 RIC~Hl\,'IOND .~FFORD4.L\BLE HOUSING
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1. NEW PARK RD
2. AVEALON HEIGHTS
3. KWANTRE PARKAV
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Chesterfield County Department of Utilities
I lac. ~q.al$. 6501e~t
0001.45
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 2
Meeting Date: January 10,2007
Item Number: 9.B.4.
Subiect:
Award of Construction Contract for County Project #05-0150, River
Road Pumping Station
County Administrator's Comments:
R~,~d
a~~
r/J(
County Administrator:
Board Action Reauested: The Board of Supervisors is requested to award the
construction contract to M&W Construction Corp. in the amount of $5,095,831,
transfer $2,400,000 from 5H-58350-050147E to 5H-58350-050150E and authorize
the County Administrator to execute the necessary documents.
Summarv of Information:
This project consists of the construction of a water pump station on River
Road to service the Southwest Corridor water line.
Staff received six(6) bids ranging from $5,095,831 to $6,080,000. The lowest
bid, in the amount of $5,095,831, was submitted by M&W Construction, Inc.
The County's engineering consultant, R. Stuart Royer, has evaluated the bids
and recommends award of the contract to the low bidder.
The low bid exceeds our appropriation for construction. Staff request an
additional $2,400,000 be transferred from 5H-58350-050147E to this project.
Funds for this project are available in the current CIP.
District: Ma toaca
Preparer:
Georae B. Haves
Title:
Assistant Director of Utilities
Attachments:
DYes
.NO
#
0001.4t~
g
~~iJ
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2 of 2
Meeting Date: January 10, 2007
Budaet and Manaaement Comments:
This item requests that the Board award a construction contract to M&W
Construction in the amount of $5,095,831; authorize the transfer of
$2,400,000 from the Southwest Corridor waterline System-River Road project to
the Southwest Corridor-River Road Pump Station project; and authorize the
County Administrator to execute the necessary documents. The low bid exceeds
the original appropriation for construction. Funds are available to transfer
out of the Southwest Corridor Waterline System-River Road project. Once the
transfer is completed, sufficient funds would be available in the Southwest
Corridor-River Road Pump Station project budget to cover the cost of the
construction contract. The Southwest Corridor Water System may need
additional appropriations in the future.
Preparer: Allan M. Carmody
Title: Director. Budaet and Manaaement
0001.18
~
~vl
~J
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 2
Meeting Date: January 10,2007
Item Number: 9.8.5.
Subiect:
Change Order Number Five for Contract 01-0198 - Bailey Bridge
Pump Station
Kec~J 4~
c/t#2
County Administrator1s Comments:
County Administrator:
Board Action Reauested: Staff recormnends that the Board of Supervisors approve
Change Order Number Five for the Bailey Bridge Pump Station in the amount of
$146,668.72 and to authorize the County Administrator to execute the
necessary documents.
Summarvof Information:
The Change Order represents one 42" valve, I/O Modifications for the SCADA
system, plumbing vent for the C.C.F. building, four 36" valves, modifications
to the wet well's ladder, grating, and handrail, modifications to the
electrical conduit and fencing for the C.C.F. building, two 20" valves, and
time extensions for weather delays and for the additional work.
Funds are available within the project. The county administrative policy for
change orders requires that all change orders exceeding $50,000 be approved
by the Board of Supervisors.
District: Ma toaca
Preparer:
Georae B. Haves
Title:
Assistant Director of Utilities
Attachments:
DYes
.NO
#
000149
~
~
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2 of 2
Meeting Date: January 10, 2007
Budaet and Manaaement Comments:
This item requests that the Board approve change order #5 for the Bailey
Bridge Pump Station in the amount of $146,668.72 and to authorize the County
Administrator to execute the necessary documents. Sufficient funds are
available in the proj ect budget to cover the cost of the change order
request.
Preparer: Allan M. Carmody
Title: Director. Budaet and Manaaement
000150
.
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: January 10,2007
Item Number: 9.8.6.
Subiect:
Rescheduling of Deferred Public Hearing on Amendments to Water Quali ty
Standards in the Upper Swift Creek Water Shed
County Administratorls Comments:
R~ ~~ 1'(
County Administrator:
~
Board Action Reauested:
Summarvof Information:
At the December 12, 2006 meeting, the Board held a public hearing to consider
the adoption of amendments to the water quality ordinances affecting the
Upper Swift Creek Water Shed. After hearing from a number of speakers, the
Board deferred the public hearing until March 14, 2007 and directed staff to
schedule a work session on water quality issues as soon as possible after
January 1, 2007. After the December meeting, members of the Board have
expressed a desire to hold the deferred public hearing prior to the March 14,
2007 meeting. If the Board desires to accelerate the date for the deferred
public hearing, the Board should vote to rescind its prior action deferring
the public hearing to March 14, 2007 and direct staff to re-advertise a
public hearing on the proposed water quality amendments for the Upper Swift
Creek Watershed for the evening of February 14, 2007.
Preparer:
Steven L. Micas
Title: County Attornev
0823:74053.1
Attachments:
DYes
.NO
#
0001.51.
tQ
~,~~
~
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: January 10, 2007
Subiect:
Item Number: 9.B.7.a.
Request permission to Install a Private Water Service Within a Private
Easement to Serve Property at 6402 River Road
County Administratorls Comments:
R&-~J ,4~
County Administrator:
~
Board Action Reauested:
Grant William J. Kofron and Linda S. Kofron, permission to install a private
water service within a private easement and authorize the County
Administrator to execute the water connection agreement.
Summary of Information:
William J. Kofron and Linda S. Kofron, have requested permission to install a
private water service within a private easement to serve property at 6402
River Road. This request has been reviewed by staff and approval is
recommended.
District: Ma toaca
Preparer:
John W. Harmon
Title: Riaht of Way Manaaer
Attachments:
. Yes
DNO
#
(jQ01~~'
--. <, ''-'~.. ,~".,
VICINITY SKETCH
RE,QIJEST PERl\"IISSION TO INST4.~LL, i\. PRI\!i\TE
,\ri\.TER SER\!JC~E, ",ITHIN i\ PRI\7"i\.TE E4.~SEl\/IENf
TO SER\''"E PROPERT\Y .~T 6402 RI\!ER RO.ID
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Chesterfield County Department of Utilities
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WILLIAM J. & LINDA S.
KOFRON
GPIN 7806092158
6402 RIVER ROAD
0.8.3068 PG.146
~
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25' 50' 100'
I I I
SCAL! 1-.&0
BANK OF
MCKENNEY
GPIN 7806093228
6300 RIVER ROAD
D.8.3072 PG.629
, \ \
\ \
VARIABLE WIDTH ,
GRADING. DRAINAGE \ \
AND MAINTENANCE
EASEt1ENT \ \ \ 1 O' PRIVATE
,
\ \ \ Q WATER LINE
!, \, S" EASEMENT
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"i\ \ \, 'I. GPIN 7806093228
~ \ ~ 6310 RIVER ROAD
e;' \' ~ D.B.3079 PG.997
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DBSIRBBP. WAIL
GPIN 7806091230
6408 RIVER ROAD
W.B.265 PG.&1515
WILLIAM J. &
LINDA s.
'6 KOFRON
~ GPIN 7806092229
~ 6400 RIVER ROAD
~ D.8.3068 PG.146
~
. CD S5017'05'W 5.10
@ S4055'17.W 4.901
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N 99 79' 6.241
82 49150.e ·
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RI VER ROAD
(V RT. ~6
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INFORMATION ON PLAT BASED ON
DEED PLAT 0.8.3068. PG.146
DEED PLAT 0.8.3079, PG.997
DEED PLAT 0.8.6338. PG.656-S60
DEED PLAT D.B.6f>69. PG.425
'MLL BOOK P.S.94 PG.59
DEED PLAT 0.8.3072. PG.829
CHESTERFIELD COUNlY GIS SYSlEM
PROPOSED
15'x10' WATER
EASEMENT
PLAT SHOWING
A 101 PRIVATE WATER EASEMENT,
AND A 151x10' WATER EASEMENT.
ACROSS THE PROPERTY BELONGING
TO WilliAM J. & llNDA S. KOFRON
MATOACA DISTRICT,
CHeSTERFIELD COUNTY t VIRGINIA.
CHESTERFIELD COUNTY t VIRGINIA
UTiliTIES DEPARTMENT
DATE: 12-27-2006 SrALE: 11=50'
DRAWN BY: VAG
CHE KED BY: WOW
TILE NUMBER: 778-606
000:154
~
.
PtR~1'l\~
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: January 10, 2007
Subiect:
Item Number: 9.B.7.b.
Request permission to Construct a Fifteen-Foot Gravel Driveway Within a
Fifty-Foot Unimproved County Right of Way
County Administrator:
R~rvnd j)~
rHf
County Administratorls Comments:
Board Action ReQuested:
Grant Rosalind Blakes permission to construct a 151 gravel driveway within a
501 unimproved county right of way, subject to the execution of a license
agreement.
Summary of Information:
Rosalind Blakes, has requested permission to construct a 151 gravel driveway
within a county unimproved right of way. This request has been reviewed and
approval is recommended.
District: Ma toaca
Preparer:
John W. Harmon
Title: Riaht of Way Manaaer
Attachments:
. Yes
DNO
#
0001.55
VICINITY SKETCH
REQIJEST PER1\,.nSSION TO C~ONS1RIJC~T .~
15' GR~ \TEL DRn.TE"r.l.-\.Y "TIHIN .-\. 50'
lJNIl\:IPRO\TED C~OlJNT\Y RIGHT OF \',7.l.~y
W_E
S
Chesterfield County' Department of Utilities
1 I.e. e q,a II: &I[] tee t
000156
. 5502
n21
8311
8200
7iI7
8010
12.
8107
1334
7901
1101
8013
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8000
08M
7940
) LICENSED AREA
OOO~5?
B
PI ~1~
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: January 10, 2007
Subiect:
Item Number: 9.B.7.c.
Request permission for a Proposed Fence to Encroach Within a Sixteen-Foot
Drainage Easement Across Lot 10, Hampton Park, Section 23
k~ f)~
~
County Administrator1s Comments:
County Administrator:
Board Action ReQuested:
Grant Paul Mantha and Jennifer Mantha, permission for a proposed fence to
encroach within a 161 drainage easement across Lot 10, Hampton Park, Section
23, subject to the execution of a license agreement.
Summary of Information:
Paul Mantha and Jennifer Mantha, have requested permission for a proposed
fence to encroach within a 16' drainage easement across Lot 10, Hampton Park,
Section 23. This request has been reviewed by staff and approval is
recoIl1lTLended.
District: Ma toaca
Preparer:
John W. Harmon
Title: Riaht of Way Manaqer
Attachments:
. Yes
DNO
#
000:158
VICINITY SKETCH
REQlTEST PERl\,'llSSION FOR .~ PROPOSED FEN(~E
TO ENC~ROi\C~H \vTTIllN .L\ 16' DR~AG E, E.~SEl\:IENT
A(~ROSS LOT 1 0 lL~":lPTON Pi\RI( SEC~TION 23
W_E
S
Chesterfield County' Department of Utilities
1 lao. e: q.a II: ..16.61 'Re t
0001.59
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HAMPTON MANOR COURT
40' R/'W
Rod(l) S02.,JJ'59
OATE: 02/16/2003
SCALE; 1 ~..jo'
JOB NO: C0520125
Pt),.: ..lAME'S O. ct MARY M.
Paul Mantha
Jennifer Mantha
7712 Hampton Manor Ct
DB. 6547 PG. 153
PIN: 710668775200000
Improvements on
LOT~0. SECTION23
HAMPTON PARK
Ch~sterf/eld COfJntYI V/rg/"Io
OA VIS
. PLANNIRS .. ARCHITICTS. ENGINIMS · IURVI!YOAI.
LOT '"
TOTA.... P, 04
00016Q
~l
.
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: January 10, 2007
Subiect:
Item Number: 9.B.7.d.
Request permission for a Proposed Fence to Encroach Wi thin an Eight-Foot
Easement Across Lot 83, Walnut Grove, Section 1
County Administrator:
R~d 4~
/IR
County Administrator1s Comments:
Board Action Reauested:
Grant James C. Mullenaux, permission for a proposed fence to encroach within
an 8 I easement across Lot 83, Walnut Grove, Section 1, subj ect to the
execution of a license agreement.
Summarvof Information:
James c. Mullenaux, has requested permission for a proposed fence to encroach
within an 8' easement across Lot 83, Walnut Grove, Section 1. This request
has been reviewed by staff and approval is recommended.
District: Ma toaca
Preparer:
John W. Harmon
Title: Riaht of Way Manaaer
Attachments:
. Yes
DNO
#
OOO~61.
VICINITY SKETCH
REQlJEST PERl\'fiSSION FOR .~ PROPOSED
FENC~E TO ENC~ROi\C~H "lIIH .lli 8' Ei\.SEl\IENT
.~(~ROSS LOT 83 '\7.~LNlrr GRO\TE SEC~nON 1
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LOT 84
James C. Mullenaux
11706 Walnut Wood Ct.
DB. 6600 PG. 83
PIN: 742686479000000
Improvements on
LOT 83, SECTION 1
WALNUT GROVE
\.
. PlANNIRS- ARCHITICTS. ENGI..IftI. SURVEYORS-
10 I DrGncrcway RnMt .8uI'W 100 . FUnhnud, \1rgInitI ~ -('hone (RCM) '7M-OI7 I .Fme (W4J 1D4-."ft.15
000163
~
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~
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: January 10,2007
Subiect:
Item Number: 9.8.8.
Designation of Right of Way for the Extension of Lake Chesdin Parkway
County Administrator:
l<~ /-)-~
r/#I!
County Administratorls Comments:
Board Action ReQuested:
Designate right of way for the extension of Lake Chesdin Parkway and
authorize the County Administrator to execute the Declaration.
Summarvof Information:
In order to provide state maintenance for access to Lake Chesdin Boat
Landing, it is necessary for 2.1423 acres of county property be designated as
public right of way.
Approval is recommended.
District: Ma toaca
Preparer:
John W. Harmon
Title: Riaht of Way Manaaer
Attachments:
. Yes
DNO
#
0001.64
VICINITY SKETCH
DESIGNi\TION OF RlGHf OF "l.-\Y
FOR lHE EXTENSION OF L.~I(E
C~HESDIN P ARI("7.~ Y
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LAKE CHESOIN'BOAT SLIDE
000166
~
.
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: January 10, 2007
Subiect:
Item Number: 9.8.9.
Request to Qui tclaim a Temporary Reduced Imperviousness Best Management
Practice Easement Across the Property of Silver Creek Development Company
County Administrator:
Rr ~
~
County Administratorls Comments:
Board Action Reauested:
Authorize the Chairman of the Board of Supervisors and the County
Administrator to execute a qui tclaim deed to vacate a temporary reduced
imperviousness best management practice easement across the property of
Silver Creek Development Co.
Summarvof Information:
Balzer and Associates, Inc. has requested the qui tclaim of a temporary
reduced imperviousness best management practice easement across the property
of Silver Creek Development Co. as shown on the attached plat. Staff has
reviewed the request and approval is recommended.
District: Midlothian
Preparer:
John W. Harmon
Title: Riaht of Way Manaaer
Attachments:
. Yes
DNO
# 000167
VICINITY SKETCH
REQUEST TO QUITCLAIlH A TEIVIPOR<ffiY REDUCED
ThIPER\7JOlJSNESS BEST ~jLlli.~GEl\,iENT PR~(~l1C~E E.~SEl\1ENT
.~(~ROSS lHE PROPERTy? OF SIL,'lER C~REEI{ DE,rELOPl\.fENT C~O
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000169
.
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: January 10,2007
Subiect:
Item Number: 9.B.10.
Request to Vacate and Rededicate Ten-Foot Temporary Construction and Sixteen-
Foot Water Easements Across the Property of Target Corporation Formerly Known
as Dayton Hudson Corporation
County Administrator1s Comments:
/?~J I#~J!
County Administrator:
r/fj(J
Board Action Reauested:
Authorize the Chairman of the Board and County Administrator to execute an
agreement to vacate and rededicate 10' temporary construction and 16' water
easements across the property of Target Corporation formerly known as Dayton
Hudson Corporation.
Summarvof Information:
Target Corporation formerly known as Dayton Hudson Corporation has requested
the relocation 10' temporary construction and 161 water easements across
their property. Staff has reviewed the request and recommends approval.
District: Bermuda
Preparer:
John W. Harmon
Title: Riaht of Way Manaaer
Attachments:
. Yes
DNO
#
0001.70
VICINITY SKETCH
REQlJEST TO ,r~~C~~i\TE ~~ RE,DEDIC~,i\TE 10' TE]\IWOR~Y
C~ONS1RlJC~nON .~ 16' \'l~;\TER E~L\SEl\/IENTS ~~C~ROSS
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1l...
Meeting Date: January 10, 2007
Subiect:
Item Number: 9.8.11.
Acceptance of Right of Way and Approval of the Purchase of Land for powhite
Parkway Extended
County Administrator:
R~/hd f)~~
~
County Administratorls Comments:
Board Action ReQuested:
Accept the dedication of 64.417 acres, more or less, and approve the purchase
of 89.344 acres, more or less, for $26,000 per acre, from Salvatore J.
Cangiano and Magnolia Green Development, LLC, and authorize the County
Administrator to execute the contracts and deeds.
Summarvof Information:
Staff requests that the Board of Supervisors accept dedication of 64.417
acres, more or less, and approve the purchase of 89.344 acres, more or less,
for $26,000 per acre, plus closing costs which are estimated to be $10,000,
from Salvatore J. Cangiano and Magnolia Green Development, LLC, for powhite
Parkway Extended. Funding for the purchase is available in the CIP.
Approval is recommended.
District: Ma toaca
Preparer:
John W. Harmon
Title: Riaht of Way Manaaer
Attachments:
. Yes
DNO
#
000173
~
~~
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2 of 2
Meeting Date: January 10,2007
Budaet and Manaaement Comments:
This item requests that the Board authorize the purchase of 89.344 (+/-)
acres at an estimated cost of $2,322,944 ($26,OOO per acre) for right-of-
way associated with the powhite Parkway Extension. Additionally, an
estimated $10,000 in closing costs will be expended for this transaction.
Funds were appropriated in the FY2007 CIP for this land purchase.
Preparer:
Allan M. Carmody
Title: Director. Budaet and Manaaement
000:174
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: January 10, 2007
Subiect:
Item Number: 9.8.12.
Declare a Parcel of Land Surplus and Offer for Sale
County Administrator's Comments: 12~ 4~
rPf!
County Administrator:
Board Action Reauested:
Staff requests that the Board declare a .90 acre parcel of land on Walhala
Drive surplus property, and offer the property for sale by sealed bids.
Summary of Information:
Staff has received a request to purchase a .90 acre parcel of land known as
the Bexley, Section 1, Water Booster Pump Station Lot. A water pump station
was never constructed on the site and is not needed by the Utilities
Department. Staff has reviewed this request and sees no other county use of
the property and recommends that it be declared surplus. In keeping with
county practice, staff recommends that the Board direct the property to be
advertised for sale by sealed bids.
District: Clover Hill
Preparer:
John W. Harmon
Title: Riaht of Way Manaaer
Attachments:
. Yes
DNO
#
0001.77
VICINITY SKETCH
DE.(~L.l\RE, .AP.l\RC~EL OF L.~
SlTRPLlTS .i\ND OFFER FOR S.~LE
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000180
.
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 6
Meeting Date: January 10,2007
Item Number: 10.A.
Subiect: Developer Water and Sewer Contracts
County Administrator1s Comments:
County Administrator:
,#
Board Action Reauested: The Board of Supervisors has authorized the County
Administrator to execute water and/or sewer contracts between County and
Developer where there are no County funds involved.
The report is submitted to Board members as information.
Summarvof Information:
The following water and sewer contracts were executed by the County
Administrator:
1.
Contract Number:
Project Name:
03-0282
Hampton Farms
Developer:
Gary T. & Bonnie A. Jennings
Contractor:
Castle Equipment Corporation
Contract Amount:
Water Improvements -
Wastewater Improvements -
$160,551.00
$158,692.57
District:
Matoaca
Preparer:
J. Edward Beck, Jr.
Title: Assistant Director of Utilities
Attachments:
DYes
.NO
#
_J01.81.
Agenda Item
January 10, 2007
Page 2
2 .
Contract Number:
Project Name:
Developer:
Contractor:
Contract Amount:
District:
3 .
Contract Number:
Project Name:
Developer:
Contractor:
Contract Amount:
District:
4.
Contract Number:
Project Name:
Developer:
Contractor:
Contract Amount:
District:
5 .
Contract Number:
Project Name:
Developer:
Contractor:
Contract Amount:
District:
04-0452
Living Word Ministries
Living Word Ministries
Subterra Utilities, LLC
Water Improvements -
Clover Hill
04-0526
Meadow Oaks, Section H
Finer Homes
R.M.C. Contractors, Inc.
Water Improvements -
Wastewater Improvements -
Dale
05-0103
penske Truck Leasing
Penske Truck Leasing
Gerald K. Moody, Inc.
Water Improvements -
Wastewater Improvements -
Bermuda
05-0163
Sunrise Cottages at Bon Air
Metsun Bon Air Va. Senior Living LLC
Ward & Stancil, Inc.
Water Improvements -
Wastewater Improvements -
Midlothian
$72,482.00
$12,500.00
$44,352.00
$16,389.66
$21,788.72
$96,950.00
$32,425.00
000182
Agenda Item
January 10, 2007
Page 3
6 .
Contract Number:
Project Name:
Developer:
Contractor:
Contract Amount:
District:
7. Contract Number:
Project Name:
Developer:
Contractor:
Contract Amount:
District:
8. Contract Number:
Project Name:
Developer:
Contractor:
Contract Amount:
District:
9 . Contract Number:
Project Name:
Developer:
Contractor:
Contract Amount:
District:
05-0286
Chester Country Inns & Suites Hotel
Cosmos Virginia LLC
Bookman Construction Company
Water Improvements -
Wastewater Improvements -
Bermuda
05-0306
Health Alliance
Health Alliance, LLC
M. Wilton Construction Company
Water Improvements -
Midlothian
05-0377
Tarrington, Section 12
Robious Investments, LLC
piedmont Construction Company, Inc.
Water Improvements -
Wastewater Improvements -
Midlothian
05-0423
Stoney Glen South, Section 10
Reeds Landing Corporation
R.M.C. Contractors, Incorporated
Water Improvements -
Wastewater Improvements -
Bermuda
$149,850.00
$8,250.00
$26,200.00
$147,500.00
$245,100.00
$38,310.00
$74,631.00
0001.83
Agenda Item
January 10, 2007
Page 4
10. Contract Number:
Project Name:
Developer:
Contractor:
Contract Amount:
District:
11. Contract Number:
Project Name:
Developer:
Contractor:
Contract Amount:
District:
12. Contract Number:
Project Name:
Developer:
Contractor:
Contract Amount:
District:
13. Contract Number:
Project Name:
Developer:
Contractor:
Contract Amount:
District:
05-0425
Harpers Mill Subdivision, Section 1 NW
Oakbridge Corporation
piedmont Construction Company, Inc.
Water Improvements -
Wastewater Improvements -
Matoaca
06-0018
Colonial Heights Pediatrics, Ltd.
Shift, LLC
Groundsman
Water Improvements -
Wastewater Improvements -
Bermuda
06-0035
Oaklake Marva Marble
HRD-Richmond/Oak Lake, LLC
Excalibur Construction Corporation
Water Improvements -
Wastewater Improvements -
Clover Hill
06-0092
Bubbles Car Wash
Bubble Wash II, LLC
W. T. Curd, Jr. Contractor, Inc.
Water Improvements -
Wastewater Improvements -
Bermuda
$255,100.00
$507,200.00
$32,853.00
$7,560.00
$92,910.00
$53,838.00
$13,450.00
$17,000.00
0001.84
Agenda Item
January 10, 2007
Page 5
14. Contract Number:
Project Name:
Developer:
Contractor:
Contract Amount:
District:
15. Contract Number:
Project Name:
Developer:
Contractor:
Contract Amount:
District:
16. Contract Number:
Project Name:
Developer:
Contractor:
Contract Amount:
District:
06-0097
Jefferson Green
Jefferson Green Holdings, LLC
Shelton Corporation
Water Improvements -
Wastewater Improvements -
$69,116.69
$37,246.86
Midlothian
06-0098
Foxcreek - Hancocks Quarter
Fox Creek Development, Inc.
Castle Equipment Corporation
Water Improvements -
Wastewater Improvements -
$91,051.25
$157,479.70
Matoaca
06-0099
Bayhill pointe, Section 19
Bayhill Development Corporation
Coastal Utilities, Incorporated
Water Improvements -
Wastewater Improvements -
$47,272.15
$89,449.90
Matoaca
0001.85
Agenda Item
January 10, 2007
Page 6
17. Contract Number:
Project Name:
Developer:
Contractor:
Contract Amount:
District:
18. Contract Number:
Project Name:
Developer:
Contractor:
Contract Amount:
District:
06-0230
Oaklake North South
Oaklake, LLC
Excalibur Construction Corporation
Water Improvements -
Wastewater Improvements -
$14,750.00
$17,275.00
Clover Hill
06-0429
Birdie Lane (11916 & 11924) Sewer Extension
Premier Homes
Lyttle Utilities Incorporated
Wastewater Improvements -
$20,000.00
Bermuda
000:186
.
~)
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: January 10,2007
Item Number: 10.B.
Subiect:
Status of General Fund Balance, Reserve for Future Capital Projects,
District Improvement Fund, and Lease Purchases
County Administrator1s Comments:
County Administrator:
dd(
Board Action Reauested:
Summarvof Information:
Preparer:
Lane B. Ramsey
Title: County Administrator
Attachments:
. Yes
DNO
# 0001.87
CHESTERFIELD COUNTY
UNDESIGNA TED GENERAL FUND BALANCE
January 10,2007
BOARD
MEETING
DATE DESCRIPTION AMOUNT BALANCE
07/01/06 FY2007 Actual Beginning Fund Balance $71,444,555
11/21/06 Designate for potential tax rate reduction, half-year 2007 (5,500,000) $65,944,555
11/21/06 Designation for Schools use in FY2007: security and safety (2,700,000) $63,244,555
12/13/06 upgrades at middle and elementary schools
11/21/06 Designation for Schools use in Fy2007 for non-recuning (2,300,000) $60,944,555
12/13/06 costs: bus and vehicle replacements
11/21/06 Designation for Schools use in FY2008: capital projects (4,184,979) $56,759,576
11/21/06 Designation for county use in FY2008: County capital bond (5,000,000) $51,759,576
11/21/06 Designation for county use in FY2008: non-recurring (1,815,021) 49,944,555
operating budget costs
11/21/06 Projected Undesignated Fund Balance through FY2008 49,944,554
*Includes $4.5 million addition to Fund Balance from
FY2006 results of operations.
000188,
CHESTERFIELD COUNTY
RESERVE FOR FUTURE CAPITAL PROJECTS
TRADITIONALLY FUNDED BY DEBT
January 10, 2007
Board
Meeting
Date
Description
Amount
Balance
FOR FISCAL YEAR 2007 BEGINNING JUL Y 1, 2006
4/12/2006 FY07 Budgeted Addition 9,994,100 11,763,698
4/12/2006 FY07 Capital Projects (9,261,900) 2,501,798
8/23/2006 Elevator modernization in five-story Administration Bldg. (150,000) 2,351,798
10/11/2006 Henricus Historical Park Improvements (70,000) 2,281,798
10/11/2006, Falling Creek Park - North: land acquisition (41,000) 2,240,798
10/11/2006 Falling Creek Park - North: land acquisition (305,000) 1,935,798
12/13/2006 Matoaca Park bid awarded; return funds 305,000 2,240,798
11/8/2006 Eppington Plantation parking and road construction (110,000) 2,130,798
improvements
11/21/2006 Return unused funds from J&DR Courthouse projects 25,000 2,155,798
from April 4, 2001
11/21/2006 Return unused RMA Diamond payment budgeted in 100,000 2,255,798
FY2006
12/13/2006 Meadowdale Library construction (300,000) 1,955,798
0001.89
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0001.90
Prepared by
AccoWlting Department
December 31, 2006
SCHEDULE OF CAPITALIZED LEASE PURCHASES
APPROVED AND EXECUTED
Outstanding
Date Original Date Balance
Began Description Amount Ends 12/31/06
04/99 Public Facility Lease - Juvenile Courts Project $16,100,000 11/19 $10,465,000
01/01 Certificates of Participation -
Building Construction, Expansion and Renovation;
Acquisition/Installation of Systems 13,725,000 11/21 9,125,000
03/03 Certificates of Participation - Building
Construction, Expansion and Renovation 6,100,000 11/23 5,140,000
03/04 Certificates of Participation - Building
Construction, Expansion and Renovation;
Acquisition/Installation of Systems 21,970,000 11/24 19,690,000
10104 Cloverleaf Mall Redevelopment Project 9,225,000 10/08 9,225,000
11/04 School ArchivaVRetrieval System Lease 21,639 01/08 8,502
12/04 Energy Improvements at COWlty Facilities 1,519,567 12/17 1,429,916
12/04 Energy Improvements at School Facilities 427,633 12/1 0 347,871
05/05 Certificates of Participation - Building
Acquisition, Construction, Installation,
Furnishing and Equipping;
Acquisition/Installation of Systems 14,495,000 11/24 13,465,000
05/06 Certificates of Participation - Building
Acquisition, Construction, Installation,
Furnishing and Equipping;
Acquisition/Installation of Systems 11~960~000 11/24 11~155~000
TOT AL APPROVED $95.543.839 $80.051.289
AND EXECUTED
PENDING EXECUTION
Approved
Description Amount
None
000191.
.
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: January 10,2007
Item Number: 10.C.
Subiect:
Roads Accepted into the State Secondary System
County Administrator1s Comments:
County Administrator:
~'*
Board Action Reauested:
Summarvof Information:
Preparer:
Lisa Elko
Title:
Clerk to the Board
Attachments:
. Yes
DNO
# 0001.92
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000194
.
,~~
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 2
Meeting Date: January 10, 2006
Item Number: 12.
Subiect:
Closed Session
County Administrator's Comments:
County Administrator:
~
Board Action Reauested:
Summarvof Information:
Closed session pursuant to ~ 2.2-3711 (A) (7), Code of Viroinia, 1950, as
amended, for consultation with legal counsel pertaining to probable
litigation involving a Chesterfield County police officer.
Preparer:
Steven L. Micas
Title: County Attornev
0800:74035.1
Attachments:
DYes
.NO
#
000195
e, .. "'.
, .
n&
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meetina Date: January 10.2007
Item Number: L<o.A.
Subiect:
Resolution Recognizing the Honorable R. M. "Dickie" King, Jr., as 2006
Chairman of the Board of Supervisors
County Administrator1s Comments:
County Administrator:
~
Board Action Reauested:
Adoption of the attached resolution.
Summarvof Information:
This resolution will recognize Mr. King for his untiring efforts as 2006
Chairman of the Chesterfield Board of Supervisors.
Preparer:
Lisa Elko
Title: Clerk to the Board
Attachments: . Yes
DNO
#
000196
RECOGNIZING THE HONORABLE R. M. "DICKIE" KING, JR. AS 2006
CHAIRMAN OF THE BOARD OF SUPERVISORS
WHEREAS, the Honorable R. M. "Dickie" King, Jr., Supervisor
representing the Bermuda District, served as Chairman of the Board of
Supervisors from January 2006 to December 2006, and during this period,
demonstrated outstanding leadership through many challenges and
opportunities confronting the county, including reducing the real estate
tax rate to $1.04 (from $1.07), this being the largest decrease in the
tax rate in 26 years; adopting the first total budget to break the $1
billion mark; continuing expansion of real estate tax relief for the
elderly and disabled; eliminating the county's vehicle decal; adoption
of public comment periods during the afternoon and evening sessions of
all Board meetings; and ending FY2006 with positive results of
operations, thereby posi tioning the county for further tax reductions
this coming year; and
WHEREAS, Mr . King demons tra ted strong in teres t and support for
business development in the county, particularly along the Jefferson
Davis Corridor and all other areas of the county; guided the completion
of an Efficiency Report on what is working well in the county and
possible areas for improvement; and throughout his tenure as chairman
was sensitive and responsive to the needs of citizens; and
WHEREAS, successes under Mr. King's Chairmanship include economic
development efforts such as adjusting the BPOL rate and thresholds,
creating new categories to enhance business retention and recrui tment,
approving the rezoning of the aOO-acre Watkins Centre project at
Midlothian Turnpike and Route 288, installing signage and new
landscaping at the entrance of Meadowville Technology Park, the ground
breaking of the Northrop Grumman facility located at Meadowville
Technology Park, amending the Jefferson Davis and Walthall Enterprise
Zone boundaries to create new local incentives for eligible businesses,
and opening of two automobile dealerships at the Walthall exit;
establishing the Sustain Our Communities Committee to work on preventing
blight in our neighborhoods and older business areas; and supporting
various transportation improvements including three spot safety
improvements on Bailey Bridge Road and Newby's Bridge Road, two
intersection improvements on Woodpecker Road, widening of Robious Road
to four lanes from Ashwell Drive to James River Road, construction of
Meadowville Lane a new industrial road to serve Northrop Grurmnan,
widening of Route 360 westbound between Route 288 and Old Hundred Road,
and safety improvements and bridge replacement on Old Buckingham Road;
and
WHEREAS, other successes under Mr. King's Chairmanship include the
county maintaining its AAA rating from each of the three major bond-
rating agencies; receiving 8 NACo Achievement Awards and Public Affairs
receiving 15 communication awards from NACIO; completing six major
construction projects, including the replacement jail, the Community
Development building, a new Police Property and Evidence Facili ty, the
Public Safety Fire Training area, the new Hull Street Police Precinct,
0001.97
and beginning construction of the Fire Logistics Warehouse and Equipment
Repair Facility; other accomplishments this year, including receiving
designation as one of the 100 Best Communities for Young People by
America's Promise - The Alliance for Youth; receiving the Diversity All
Star Award from the Greater Richmond Chamber of Commerce and the Richmond
Human Resource Management Association; The James River Advisory Council
receiving an award by Richmond History Makers for "Fostering Regional
Cooperation"; opening of the Government Center Trail at the county
complex and Mount Maladay at Henricus Park; and appropriating funds to
start an Employee Health Clinic to address the rising cost of health
care.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board
of Supervisors, this 10th day of January 2007, publicly recognizes and
applauds the untiring efforts displayed by its 2006 Chairman, the
Honorable R. M. "Dickie" King, Jr.
AND, BE IT FURTHER RESOLVED that the Board of Supervisors hereby
acknowledges Mr. King's efforts wi th a plaque recognizing his
distinguished service from January 2006 to December 2006.
0001~8
~il'
~ . -liJjl
B
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: January 10,2007
Item Number: 16.8.
Subiect:
Resolution Recognizing Mr. David Ben Zitzelberger, Troop 837, sponsored
by Chester Baptist Church; Mr. Tyler Prescott Parham, Troop 877,
sponsored by Chester Presbyterian Church; Mr. Griffin Meade Drake and
Mr. Charles Ryan Kessinger, both of Troop 876, sponsored by Mount Pisgah
United Methodist Church; and Mr. Kevin John Searfoorce, Mr. Travis
Charles Mitchell and Mr. Andrew Blaine Toups, all of Troop 806,
sponsored by Woodlake United Methodist Church, Upon Attaining Rank of
Eagle Scout
County Administrator1s Comments:
County Administrator:
~
Board Action Reauested:
Adoption of the attached resolution.
Summary of Information:
Staff has received requests for the Board to adopt resolutions
recognizing Mr. David Ben Zitzelberger, Troop 837, Mr. Tyler Prescott
Parham, Troop 877, Mr. Griffin Meade Drake and Mr. Charles Ryan
Kessinger, both of Troop 876, and Mr. Kevin John Searfoorce, Mr. Travis
Charles Mi tchell and Mr. Andrew Blaine Toups, all of Troop 806, upon
attaining the rank of Eagle Scout. All will be present at the meeting,
accompanied by members of their families, to accept the resolutions.
Preparer:
Lisa Elko
Title:
Clerk to the Board
Attachments:
. Yes
DNO
#
0')01.99
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
character, provide citizenship training
fitness; and
was
and
founded to build
promote physical
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 proj ect beneficial to their conununi ty,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law
Mr. David Ben Zitzelberger, Troop 837, sponsored by
Chester Baptist Church; Mr. Tyler Prescott Parham, Troop 877,
sponsored by Chester Presbyterian Church; Mr. Griffin Meade
Drake and Mr. Charles Ryan Kessinger, both of Troop 876,
sponsored by Mount Pisgah united Methodist Church; and Mr. Kevin
John Searfoorce, Mr. Travis Charles Mitchell and Mr. Andrew
Blaine Toups, all of Troop 806, sponsored by Woodlake United
Methodist Church, have accomplished those high standards of
commitment and have reached the long-sought goal of Eagle Scout
which is received by only four percent of those individuals
entering the Scouting movement; and
WHEREAS, growing through their experiences in Scouting,
learning the lessons of responsible citizenship, and endeavoring
to prepare themselves for roles as leaders in society, David,
Tyler, Griffin, Charlie, Kevin, Travis and Blaine have
distinguished themselves as members of a new generation of
prepared young citizens of whom we can all be very proud.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County
Board of Supervisors, this 10th day of January 2007, hereby
extends its congratulations to Mr. David Ben Zitzelberger, Mr.
Tyler Prescott Parham, Mr. Griffin Meade Drake, Mr. Charles Ryan
Kessinger, Mr. Kevin John Searfoorce, Mr. Travis Charles
Mitchell and Mr. Andrew Blaine Toups, and acknowledges the good
fortune of the county to have such outstanding young men as its
citizens.
000200
~B'
.~ '. -
~, GIN"~
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 2
Meeting Date: January 10, 2007
Item Num-ber: 11,A~
Subiect:
Public Hearing to Amend Section 19-637 of the Code of the County of
Chesterfield Relating to Limitations on Signs in Residential and
Agricultural Districts
County Administrator's Comments: R eco-fll/'I)tMtd /J..- ?-~J
County Administrator: c-.h(
Board Action Reauested:
Hold a Public Hearing to Amend Section 19-637 of the Code of the County of
Chesterfield and then Adopt the Proposed Amendment
Summarvof Information:
Since at least 19941 the County has had a restriction on the size of signs in
residential and agricultural districtsl with most of the signs being limited
in size to eight square feet. The County sign ordinance allows signs
expressing all types of speech (except obscenity) 1 but it places restrictions
on the sizel height and number of signs in order to prevent them from either
becoming obstructions 1 hazards or from diminishing property values.
In a decision on June 151 20061 the Circuit Court ruled that the language of
the existing ordinance did not specifically restrict signs that express
personal opinions andl thereforel that the current ordinance places no
limi tation on the size of those signs in residential and agricultural
districts.
Preparer:
Kirkland A. Turner
Title: Director of Plannina
2700:73765.2
Attachments:
DYes
.NO
#
000201
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2 of 2
The proposed change will clarify the language of the sign ordinance in order
to carry out the original intent of the sign ordinance to place size and
height limitations on all categories of signs placed on lots in residential
or agricul tural districts. The proposed amendment still permi ts all
noncommercial messages to be expressed on a signl but simply prevents a
residential or agricultural lot owner from erecting a billboard-sized sign on
their property.
At its July 261 2006 meetingl the Board of Supervisors referred this
amendment to the Planning Commission. The Planning Commission held a public
hearing on the sign ordinance amendment on October 171 2006. One individual
spoke in opposi tion to this amendment at that meeting. The Planning
Commission deferred action to its November 16th meeting and then recommended
denial of the proposed zoning ordinance amendment by a 2-1 votel with 1
abstention.
Summary of proposed sign ordinance amendments (sections 19-637)
The amendment will allow non-commercial signs no greater than 8 square
feet in area and 5 feet in height to be located in residential and
agricultural zoned districts.
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 19-637 RELATING TO SIGNS
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
( 1) That Section 19-637 of the Code of the Countv of Chesterfield, 1997, as amended, is amended and re-
enacted to read as follows:
Sec. 19.637. Limitation on specific signs.
000
~ Noncommercial signs. other than those specificallY regulated elsewhere in this chapter or as a
condition of zoning. located on residential or agriculturally zoned lots. provided that the signs do not exceed five
feet in height and the total area of all signs on the lot does not exceed eight square feet.
(2) That this ordinance shall become effective immediately upon adoption.
000202
~
.
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of'1.J
Meeting Date: January 10,2006
Subiect:
Item Number: \J.i.~'
Public Hearing to Consider Conveyance of a 3.25-Acre Parcel Located on Reycan
Road in the Chesterfield County Industrial Airpark to Courthouse 3/ LLC
County Administrator:
R~J /I-~~
~
County Administrator1s Comments:
Board Action Reauested:
Staff recommends that the Board of Supervisors authorize the County
Administrator to enter into a contract approved by the County Attorney and to
convey a 3.25-acre parcel located on Reycan Road/ exclusive of any wetlands/
to Courthouse 3/ LLC. Staff also requests authorizing the County
Administrator to enter into a purchase contract on terms approved by the
County Attorney.
Summarvof Information:
Courthouse 3/ LLC would like to build a 20/000 square foot building for a
building material supplier. The investment will be approximately $1.5 million
and employ approximately 10 employees.
Economic Development proposes to sell Courthouse 3/ LLC 3.25+/- acres at
$57/600 per acre/ exclusive of any wetlands. Staff recommends that the County
Administrator be authorized to enter into a contract on terms approved by the
County Attorney to consider conveyance of the parcel.
Attachments:
E. Wilson Davis. Jr.
. Yes
Title: Director. Economic Development
Preparer:
DNO
11
000203
I
~
.~
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2 of 2
Meeting Date: January 10, 2007
Budaet and Manaaement Comments:
This i tern requests that the Board of Supervisors authorize the County
Administrator to enter into a contract and to convey a +/-3.25-acre parcel to
Courthouse 3 1 LLC. The Board is also requested to authorize the County
Administrator to enter into a purchase contract. The proceeds from the sale
of the land would not be appropriated at this time. The proceeds would be
added to the Industrial Park reserve and would be available for appropriation
for future economic development related projects.
Preparer: Allan M. Carmody
Title: Director. Budaet and Manaaement
000204
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 2
Meetin~ Date: January 10, 2007
Item Number: 17.C.
Subiect:
Hold a Public Hearing to Consider the Appropriation of Funds for 8i te
Improvements for a New Academic Building at John Tyler Community College -
Midlothian Campus
County Administrator:
R~d !ff~
~
County Administrator's Comments:
Board Action Reauested:
Hold a public hearing to consider the appropriation of $1.2 million to John
Tyler Community College for site improvements for a new academic building to
be constructed at the Midlothian Campus.
Summarvof Information:
This date and time has been advertised to hold a public hearing to consider
the appropriation of $1.2 million to John Tyler Community College for site
improvements for a new academic building to be constructed at the Midlothian
campus.
The General Assembly included $18.9 million in the 2006-2008 Biennial Budget
to construct a new academic building at the Midlothian Campus. This facility
is planned to be 60/000 square feet and will accommodate the demand for
additional classrooms 1 labsl faculty officesl a learning resource centerl a
student centerl and a campus bookstore.
The Appropriations Act requires that infrastructure outside the footprint of
buildings be funded by the localities being served. TypicallYI this includes
the extension of utilitiesl roadway preparations 1 parking lot alterationsl
and similar activities. Chesterfield/s total share for these site
improvements is $2.5 million. The state requires that the College secure
funding prior to the execution of a construction contract.
Attachments:
Allan M. Carmody
DYes
Title: Director. Budaet and Manaaement
Preparer:
.NO
I # 000206
Q~
. ~. .tl~~~,
~-
~,,~t
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2 of 2
Meeting Date: January 10,2007
Summary of Information (continued):
Staff proposes that $1.2 million be made available to the College in the
current fiscal year. The balance of $1.3 million will be included in the
County Administrator 1 s Proposed FY2008-2012 Capital Improvement Program
(CIP). The Board of Supervisors will adopt the CIP in April 2007. Assuming
approval by the Boardl the balance of funds would be made available to the
College in July 2007.
This agenda item requests that the Board consider the appropriation of $1.2
millionl currently available in a reserve accountl to the College. State
code requires that a public hearing be held to appropriate funds in an amount
exceeding $5001000.
0002'0'7
~~
~~
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: January 10, 2007
Subiect:
Item Number: .-,. o.
PUBLIC HEARING: Ordinance to Vacate a Twenty-Foot Drainage Easement Within
Block AI Revision of Chesterfield Airport Industrial Parkl Section A
County Administrator's Comments: R~YJl~ /)~wf
County Administrator:
~
Board Action Reauested:
Adopt an ordinance to vacate a 20' drainage easement Within Block AI Revision
of Chesterfield Airport Industrial parkl Section AI as shown on the attached
plat.
Summarvof Information:
On January 311 1991 the Board adopted an ordinance to vacate a drainage
easement within Block AI Revision of Chesterfield Airport Industrial Park
Section A. The easement was incorrectly identified as a 16 I drainage
easement. Staff recommends that the Board adopt this ordinance to correct
the easement width.
District: Dale
Preparer:
John W. Harmon
Title: Riaht of Way Manaaer
Attachments:
. Yes
DNa
#
000208
VICINITY SKETCH
P{JBLIC~ HE~L\RING: ORDIN~-\NC~E TO '!.~C~.~TE .l\. T\~'lENf\Y
FOOT DR~.~GE, E.~SE1\,'IENf IN BLOC~I( .i\. RE'\,TISION OF
(~HESTERFIELD iURPORT INDIJSTRL~L P .~I( SEC~TION ..\
W_E
S
Chesterfield County Department of Utilities
1 lac. e q,a J: 666.61 .e t
000209
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UIAITED PRRTIJE.Il.SHIP.PART op. .TAX PARCEL ?9..0,-oS./1 .
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000210
~~.~
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~!~\!;
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: January 10,2007
Subiect:
Item Number: 11~E.
PUBLIC HEARING: Consider the Exercise of Eminent Domain for the
Acquisition of a Variable Width Water Easement and Temporary Construction
Easement for the Southwest Corridor Waterline Project
County Administrator's Comments: R~J ,4~~
County Administrator:
~
Board Action Reauested:
Authorize the County Attorney to proceed with eminent domain for the
acquisition of a variable width water easement and temporary construction
easement across the property of John Henry Andrews I at 10030 Graves Roadl
PIN: 755619803700000.
Summarvof Information:
John Henry Andrews I owner of property at 10030 Graves Roadl PIN:
755619803700000 died in 1945. Staff has been unable to locate any heirs. It
is necessary to proceed with the use of eminent domain for the health and
safety of the public. Staff will continue to try to locate the heirs and
negotiate a settlement.
District: Ma toaca
Preparer:
John W. Harmon
Title: Riaht of Way Manaaer
Attachments:
. Yes
DNa
#
0002:11
VICINITY SKETCH
Consider the Exercise of Eminent Domain for
Acquisition of Easements for Southwest
Corridor Waterline Proiect
N
;jSl~\
W '<~I~ E
S
Heirs of John Henry Andrews
10030 Graves R
Chesterfield County Department of Utilities
j lie. ~ qla ~ 166.6 j 'tt? t
O{)02~2
THIS IS NOT A BOUNDARY SURVEY
flt)
CO
PLAT- OF A
VARIABLE WIDTH
WA TERLINE" EASEMENT & A
10' TEMPORARY CONSTRUCTION
EASEMENT- ACROSS THE PROPERTY
OF JOHN HENRY ANDREWS
MATOACA DISTRICT ^' CHESTERFIELD CO.
VIRGINIA
60'
PLAT PREPARED BY:
PRECISION MCASUREMENTS, INC.
2116 DABNEY ROAD
SUITE 85
RICHMOND, VA 23230
\
\
\
\
\ \ BRACKEN LLC
0.8. 6601, PG. B06
. GPIN 756620277700000
\ 10JOO RIVER RD
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R=671.97'
6=00.22'58"
C LEN=4.49'
BRG=N 24.43'05- W
C2
L=20.24 '
Rc 1 J 1. 16'
6-08.50'24"
C LEN=20.22'
BRG::N 72.' 8 '25" E
LINE BEARING
L 1 N 80.4039 E
L2 N 80.40'39 E
L3 S 16.0235 W
L4 S 61.0235 W
L5 S 05.'3 12" E"
L6 N 85.48'39" E
L7 S 26.05'36 E
~
0'
30'
120'
SCALE 1 "=30'
re.
TEMP. CONSTRUCTION
EASEMENT
171.7 SQ. FT.
0.004 ACRES
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L~ \~ \ ~\ f' " - ' , -- .
~. ~~ ~ JOHN HENRY ANDREWS
~ ~ \ >~ D.B. 159, PG. 474
% L \ \ ,GPIN 755619803700000
~ ~ . 100.30 GRAVES RD
~~9~ \
~~~ CEMCTARY
DISTANCE """ .\
3122' '-I"~ N:3619J10.0J
· 0 E: 11755766.4J
22.44 ~
6.64
17.05'
24. SB'
14.94 '
32.82 '
VAR. WIDTH
WATERLINE ESM'T
5473.8 SQ. FT..
O. 126 ACRES (TOTAL)
0.056 ACRES OUTSIDE R/W
0.070 ACRES INSIDE R/W.
.' --
GRAVES R~, R;
DATE: OCT 17, 2006
COUNTY PROJECTI 05-0147
00021.3
~
~~
~~
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date:
January 10, 2007
Item Number: I q.
Subiect:
Adjournment and Notice of Next Scheduled Meeting of the Board of
Supervisors
County Administratorls Comments:
County Administrator:
III<
Board Action Reauested:
Summarvof Information:
Motion of adj ournment and notice of a regularly scheduled meeting to be
held on January 24/ 2007 at 3:00 p.m.
Preparer: Lisa Elko
Title: Clerk to the Board
Attach ments:
DYes
.NO
000214