11-21-1995 Packet
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. CHESTERFIELD COUNT.
BOARD OF SUPERVISORS
AGENDA
Page ~of~
Meeting Date: November 21, 1995
Item Number:
2.
COUNTY ADMINISTRATOR'S COMMENTS
Subj ect:
County Administrator's Comments:
countyAdmlnistrator:~r~&<
BoardAction Requested:
Recognize Dr. William Nelson for his recent service as Deputy Health Commissioner for the State
of Virginia.
Summary ofInformation:
While the Governor was completing his review of candidates for State Health Commissioner, Dr.
William Nelson, Director Chesterfield County Health Department, was requested to serve for several
months as Deputy Health Commissioner for Operations.
Dr. Nelson not only took on the task managing operations for the State, he also continued general
oversight of the Chesterfield County Health Department.
Now that his tour of duty with the State is completed, we would like to commend him for this efforts
and welcome him back to Chesterfield County.
Tille:
Deputy County Administrator
Attachments:
DYes
. No
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 10f1
Meeting Date:
November 21, 1995
Item Number:
6.
Subject:
Work Session - Public-Private
Privatization Proposals Route
Transportation Act of
288 and iD5 A~
I. I
1995,
County Administrator:
~
County Administrator's Comments:
Board Action Requested:
Private Transportation
Route 288'and 1-895.
A work session is scheduled to discuss the Public-
Act of 1995 and the privatization proposals for
Summary of information: Secretary of Transportation /Robert E. Martine~ has
agreed to appear before the Board to discuss the Public-Private
Transportation Act of 1995 and the procedural quidelines VDOT has oeveloped
-to guide the selecc~on ot projects submitted for VDOT's consideration. The
Secretary will be able to respond to a limited number of questions due to
scheduling constraints. The Secretary has not reviewed the privatization
proposals submitted to VDOT for Route 288 and 1-895. He will not be in a
position to speak to the specifics of either proposal..
"Bill" Axselle, Jr., representing Fluor Daniel, Inc. and Morrison
orporat~on, has agreed to appear before the Board to discuss their
for the privatization of 1-895.
Steven W. Pearson, epresenting James River Parkway Associates, a joint .,
venture of Brown an Root Civil, Inc. and Dewberry and Davis, has agreed to
appear before the Board to discuss their proposal for the privation of
Route 288.
Preparer:
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Title: Director of Trans1;)ortation
Attachments:
DYes.
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002
BOARD OF SUPERVISORS
J, L, McHALE, III, CHAIRMAN
BERMUDA DISTRICT
ARTHUR S, WARREN, VICE CHAIRMAN
CLOVER HILL DISTRICT
HARRY G, DANIEL
DALE DISTRICT
FREDDIE W, NICHOLAS, SA.
MATOACA DISTRICT
EDWARD B, BARBER
MIOlOTHIAN DISTRICT
CHESTERFIELD COUNTY
P.o. Box 40
CHESTERFIELD, VIRGINIA 23832,0040
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LANE B, RAMSEY
COUNTY ADMINISTRATOR
MEMORANDUM
TO:
Lane B. Ramsey, County Administrator fu~
M,D, "Pete" Stith, Deputy County AdministratorlDevelopmeut'lj'
FROM:
RJ. McCracken, Transportation
DATE:
November 20, 1995
SUBJECT:
Privatization Proposals 288 and 895
Attached for your information is summary of the Route 288 and 1-895 privatization proposals,
Neither provides sufficient financial or traffic data to form any conclusions about the projects at
this point in time, After the presentations to the Board on November 21, we should send VDOT
a letter expressing the need for more detailed information and discussion before they take any
action on the proposals,
If you have questions or need for us to take further action give me a call.
Attachments
RJM,pb
Providing a FIRST CHOICE community through excellence in public service. @
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I-a95 CONCEPTUAL PROPOSAL
NOVEMBER. 1995
* CONCEPTUAL PROPOSAL BY FLUOR DANIEL, INC., AND MORRISON
KNUDSEN CORPORATION FOR DEVELOPMENT, CONSTRUCTION, OPERATION
OF 895 AS TOLL FACILITY.
* THE PROJECT WILL CONSIST OF A SIX/FOUR LANE ROAD CONNECTING
1-95 WITH 1-295. AN INTERCHANGE CONNECTING LABURNUM IS
INCLUDED. A DIRECT ACCESS TO THE AIRPORT IS PLANNED BUT IS
NOT PART OF THIS PROJECT. THE PROPOSAL ASSUMES THE AIRPORT
ACCESS WILL BE BUILT BY OTHERS BY THE YEAR 2000. THE BRIDGE
OVER THE JAMES RIVER WILL BE A HIGH-RISE STRUCTURE.
* AUTOMATIC VEHICLE IDENTIFICATION (AVI) TOLL EQUIPMENT WILL BE
USED.
* A FIXED-PRICE, GUARANTEED COMPLETION DESIGN/BUILD CONTRACT,
WITH FD/MK ASSUMING VDOT DESIGN CONTRACT IS PROPOSED.
* TIME SAVINGS OF 20-30 MINUTES ARE EXPECTED.
* THE HENRICO COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY IS
PROPOSED AS ISSUER OF NON-RECOURSE PROJECT TOLL REVENUE BONDS.
BONDS WILL BE ISSUED ON BEHALF OF FD/MK AND VDOT. HENRICO IDA
ASSUMES NO FINANCIAL LIABILITY. OTHER OPTIONS ARE FOR FD/MK
TO FORM A NON-STOCK, NONPROFIT CORPORATION MEETING TAX EXEMPT
STATUS. THE CORPORATION WOULD ISSUE BONDS ITSELF OR BORROW
FUNDS FROM THE IDA, SECURED BY LIENS ON THE FUNDING
CORPORATION'S LEASEHOLD INTERESTS IN THE PROJECT AND ALL
REVENUES.
* THE IDA DOES NOT WANT TO BE THE OWNER OF THE ROAD. VDOT WILL
RETAIN OWNERSHIP AS LESSOR WHILE BONDS ARE OUTSTANDING.
* THE PROJECT SCHEDULE IS 8 MONTHS FOR SIGNING A COMPREHENSIVE
AGREEMENT, 1 YEAR FOR DESIGN AND FINANCING, 2.5 YEARS FOR
CONSTRUCTION. THE ENTIRE PROJECT WILL BE OPENED FOR USE AT
ONE TIME. THE OPENING IS EXPECTED BY 2000.
* A $2.00 TOLL, INCREASING PERIODICALLY TO TRACK INFLATION WAS
ASSUMED IN DEVELOPING THE PRELIMINARY FINANCE PLAN. THE
INTENT IS TO COMPLETE THE PROJECT WITHOUT FINANCIAL
PARTICIPATION BY A GOVERNMENTAL ENTITY. IF GOVERNMENT
PARTICIPATION IS NEEDED, THE FIRST SOURCE MAY BE TO ASK VDOT
TO PERFORM MAINTENANCE.
* THE "BANKABLE" REVENUE FORECAST WILL NOT BE COMPLETED UNTIL
JUST BEFORE THE COMPREHENSIVE AGREEMENT IS SIGNED.
* TOLL REVENUE FORECASTS ARE PLANNED TO EXCEED DEBT SERVICE BY
A MINIMUM OF 30 TO 50 PERCENT. A TRAFFIC/REVENUE STUDY WILL
BE COMPLETED WITHIN 4 MONTHS FROM THE SELECTION OF THE PROJECT
BY THE TRANSPORTATION BOARD.
*
SOURCES AND USES OF FUNDS
($MILLIONS)
SENIOR TOLL REVENUE BONDS
SUBORDINATE TOLL REVENUE BOND
INTEREST EARNINGS
TOTAL
$195.2
1.65.1
28.7
$389.0
USES OF FUNDS
($MILLIONS)
DESIGN/CONST/ADMIN
ROW
CAPITALIZED INTEREST
DEBT SERVICE RESERVES
DEVELOPMENT/FINANCING
TOTAL
$261. 0
17.0
57.6
36.0
17.4
$389.0
*
CAPITAL COST ESTIMATE
CONSTRUCTION
BRIDGE
I-95 RAMPS
TO LABURNUM
TO I-295
($ MILLIONS)
$ 75
50
35
~
$215
MANAGEMENT,BOND,INSURANCE 12
15% CONTINGENCY & PROFIT 34
ROW -1.1
TOTAL CAPITAL COSTS $278
COSTS DO NOT INCLUDE VDOT $11 M DESIGN
* MEMORANDUMS OF UNDERSTANDING WOULD BE ENTERED INTO BY
CHESTERFIELD, HENRI CO , FD/MK AND POSSIBLY VDOT WHICH SETS OUT
THE COUNTIES SUPPORT FOR THE PROJECT, COVENANTS TO ASSIST IN
, .
THE SECURING OF NECESSARY PERMITS, AND WAVING THEIR RIGHT TO
CLAIM LAND THAT IS NECESSARY TO I-895 AS RIGHT-OF-WAY SO LONG
AS BONDS ARE OUTSTANDING.
., FD/MK WOULD BE HIRED BY THE IDA TO MAINTAIN I-895. A
QUALIFIED 5 YEAR MANAGEMENT AGREEMENT WOULD BE USED TO SATISFY
TAX REQUIREMENTS.
., THE PROPOSAL IS NOT CLEAR ON WHAT HAPPENS TO THE $11 MILLION
DESIGN COSTS ALREADY PAID BY VDOT, ONE SECTION SEEMS TO
INDICATE THESE COSTS WOULD BE PAID BACK AFTER ALL DEBT HAS
BEEN MET, ANOTHER SECTION INDICATES THE COST WOULD NOT BE
REPAID.
., IF I-895 IS NOT BUILT, THE RPT IS EXPECTED TO CARRY 126,000
VEHICLES PER DAY BY 2007 AND OPERATE AT AN 'F r LEVEL OF
SERVICE.
., RIGHT-OF-WAY WILL BE PURCHASED IN BEHALF OF VDOT. IF
NECESSARY, VDOT WILL BE ASKED TO EXERCISE ITS POWER OF EMINENT
DOMAIN.
., THE PROJECT IS VIEWED AS A "LAUNCHING PAD FOR ECONOMIC
DEVELOPMENT FOR HENRICO".
., HENRICO HAS ASKED FOR MODIFICATIONS TO THE 895/295 INTERCHANGE
TO PROVIDE ACCESS TO CHARLES CITY ROAD.
., THERE HAS BEEN SOME DISCUSSION AS TO WHAT WILL TAKE PLACE WHEN
REVENUES EXCEED COSTS. OPTIONS INCLUDE DECREASING THE TOLL,
REDUCING THE DEBT SO TOLLS CAN COME OFF SOONER, AND FUNDING
OTHER TRANSPORTATION PROJECTS.
895CONC.DOC
,11/15/95
, .
ROUTE 288 CONCEPTUAL PROPOSAL
SEPTEMBER 27. 1995
* CONCEPTUAL PROPOSAL BY JAMES RIVER PARKWAY ASSOCIATES
(JRPA), A JOINT VENTURE OF BROWN & ROOT CIVIL AND DEWBERRY &
DAVIS, FOR THE DESIGN, CONSTRUCTION, AND OPERATION OF THE
UNCOMPLETED PORTION OF ROUTE 288.
* COMPLETION OF ROUTE 288 IS EXPECTED TO SPUR DEVELOPMENT IN
CHESTERFIELD, POWHATAN, AND GOOCHLAND; IMPROVE REGIONAL
MOBILITY AND PROVIDE DIRECT ACCESS TO MOTOROLA.
* A TOLL ROAD IS PLANNED. AN ANCILLARY ELEMENT MAY BE THE
ACQUISITION AND CONCURRENT OPERATION OF THE EXISTING POWHITE
TOLL FACILITY.
* THE MOTOROLA LINK WILL BE COMPLETED BY MID-1998; THE ENTIRE
PROJECT WILL BE COMPLETED BY LATE 1999.
* JRPA FINANCIAL PLAN AND STATEMENTS WERE CONSIDERED
PROPRIETARY AND WERE FILED WITH THEIR ATTORNEY.
* A SIX LANE TOLL FACILITY WITH INTERCHANGES (POWHITE, LUCKS,
WOOLRIDGE, MIDLOTHIAN IN CHESTERFIELD) IS PROPOSED FOR THE
ENTIRE LENGTH OF ROUTE 288. A BARRIER TOLL PLAZA IS PLANNED
BETWEEN ROUTE 711 (ROBIOUS ROAD) IN POWHATAN AND THE JAMES
RIVER. THE PLAZA WILL BE SUPPLEMENTED BY TOLL BOOTHS ON
INTERCHANGE RAMPS.
* JRPA WAS NOT GRANTED ACCESS BY VDOT TO THE REGIONAL TRAFFIC
MODEL. THEIR TRAFFIC ESTIMATES ARE PROJECTIONS FROM
PREVIOUS ESTIMATES.
* JRPA IS DEPENDING UPON A PARTNERSHIP WITH VDOT TO MAKE THE
PROJECT FEASIBLE.
* JRPA PROPOSES THAT VDOT ASSUME OWNERSHIP AFTER CONSTRUCTION
IS COMPLETED. JRPA WOULD OPERATE AND MAINTAIN THE FACILITY
UNDER A CAPPED RATE OF RETURN.
* JRPA WANTS VDOT TO TAKE RESPONSIBILITY FOR ALL RIGHT-OF-WAY
ACQUISITION.
* JRPA PROPOSES LAW ENFORCEMENT BE HANDLED BY OTHERS.
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ATTORNEYS & COUNSELORS AT LAW
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WILLIAMS, MULLEN,
CHRISTIAN & DOBBINS
TO:
Chesterfield Board of Supervisors
FROM:
Ralph L. "Bill" Axselle, Jr.
DATE:
November 17, 1995
A recent conversation with an elected official
regarding 1-895 helped me focus on what are probably the two main
questions with respect to the proposal regarding the
privatization of 1-895: Is 1-895 needed? Why should it be built
as a toll road? I thought that discussion might be informative.
(1) Is 1-895 needed? As I sense no real reservations
in this respect, I,will spend little time on this question.
Everyone recognizes the need for another river crossing
conhecting Ch:ippenharni'lnd'Laburnum,' I~95 and 1-295 and the
sout:,hern, and eastern parts.of our region; No one'dispute~ the
fact that Chesterfield and "south Richmond residents and
businesses "heed better access"tb'the Airport, 1'-295 'and the
Laburnum industrial area of eastern Henrico ... and that Henrico
businesses and citizens will benefit from the same improved
access to Chesterfield and south Richmond. There is no dissent
to the conclusion that 1-895 will provide such access and will
reduce travel time, congestion and pollution.
The reasons for its initial approval in 1983 and its
strong support over the years by Chesterfield, Henrico and the
MOP remain today. In fact, the need today is even greater.
(2) Why Should it be built as a toll road? Simply put
... and unfortunately... it will not be built otherwise anytime
in the near future. VDOT Deputy Commissioner of Finance Jim
Atwell wrote me on November 2 advising that because "of the
current levels of funding from conventional allocations and the
other existing transportation demands, it is difficult to
envision obtaining public funding for a major highway project
such 1-895 in the foreseeable future".
,,, .~ Secretary of Transportation Martinez provided even more
specificity when he appeared before the MPO on November 9. The
Ridlinond Times Dispatch reported:' ."But he said rejecting the,idea
of 'tolls for a project such as 1-895 could be tantamount to
saying, 'We don't want it for 10, 15 years'''. Our citizens and
,
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VVILL~S,~ULLEN,
CHRISTIAN & DOBBINS
ATTORNEYS & COUNSELORS AT LAW
businesses should not have to wait another 15 years when there is
a reasonable alternative available today.
The VDOT Six Year Plan has no money for right-of-way
acquisition or construction of 1-895. Under current and
contemplated public financing, VDOT has no timetable for the
construction of 1-895. How long would it take to fund the $250
million for 1-895? Assuming we used every penny of the $28
million the entire Richmond District receives towards primary
roads, it would take nine-ten years ... and 1-895 would still
have to be built. Of course, there is no realistic possibility
that all of our funds for an entire decade could be set aside for
this one project. While there are other statewide funds
available, they are more likely to be used for even larger and
more pressing transportation projects around the state.
Regrettably, the money is not there for 1-895 except
through private financing and tolls. This is the reason one VDOT
official told me that with 1-895 it is "toll road or no road".
No one likes tolls, but I suggest they do have a couple
of virtues. Only those who choose to use the road will pay;
others will simply use the existing alternatives (1-95 and 1-64).
It really is a Virginia "pay as you go" approach.
Also, using private funding for 1-895 now removes a
$250 million need from the competition for transportation dollars
in the Richmond area. Some have argued that 1-895's construction
with private funds will expedite the funding for 288 as those two
projects would no longer be competing for limited public
revenues.
Building 1-895 serves your constituents now, and only
those who choose to use it will pay anything. The need is now;
fortunately, the financing alternative is now.
cc: Members of General Assembly
Representing Chesterfield
Various Local Chesterfield
Administrative Officials
c:\wmcdlib\bi1lax!l'D2:21163.02
TELEPHONE (804)965-9168
TELECOPIER (804) 965-0955
WILLIAMS, MULLEN,
CHRISTIAN & DOBBINS
~
WRITER'S DIRECT DIAL:
(804) 965-9172
ATTORNEYS & COUNSELORS AT LAW
A PROFESSIONAL CORPORATION
OFFICES IN:
RICHMOND
WASHINGTON, D.C.
SUITE 140
4401 WATERFRONT DRIVE
HEWLETT~PACKARD BUILDING
GLEN ALLEN, VIRGINIA 23060
AFFIUA TE OFFICE:
LONDON
November 6, 1995
",'6678970
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BY HAND
Mr. Lane B. Ramsey
County Administrator
County of Chesterfield
POBox 40
Chesterfield, VA 23832
Dear Lane:
In my recent discussions with different members of the
Chesterfield Board of Supervisors, I found no opposition to the
proposal to privatize 1-895 with the revenues coming from tolls.
Understandably, there was a fair amount of discussion about how a
similar proposal for Route 288 would affect the proposal by FD/MK
to build 1-895 in Henrico.
We obviously take no position on Route 288 in any respect.
I was asked, however, to summarize some of the differences
between the 1-895 and Route 288 proposals from the perspective of
Chesterfield County. In complying with that request, I summarize
the following differences between the two endeavors suggested to
me during the recent discussions.
(1) 1-895 is totally in Henrico County, except for a
portion of the bridge leaving Chesterfield and crossing the James
River. The toll facilities are in Henrico. It is, in fact, a.
Henrico road.
Conversely, Route 288 is primarily a Chesterfield Road.
(2) Route 288 is part of a 1-295/288 circumferential system
around Richmond, with all other portions of that 1-295/288
circumferential system being without tolls.
1-895, however, is a connector separate and distinct roads
(95 and 295) .
(3) A person desiring to use Route 288 really has no other
existing alternative means to make that transportation movement;
there are no other readily available alternative routes.
November 6, 1995
Page 2
with 1-895, there is another alternative course of travel
i.e. the current 1-95 and 1-64 course.
(4) With 1-895, the Commonwealth Transportation Board has
not been able to provide any allocation for right-of-way
acquisition and construction. Once the current preliminary
engineering work is completed, there is absolutely no money
available for right of way acquisition or construction.
with Route 288, the Commonwealth Transportation Board has
provided some allocations for right-of-way and construction, I am
told. The Motorola incentives may also help. (This is not to
imply that such allocation is adequate for completion of that
proj ect) .
I hope this is responsive.
Since~, yours,
I i7 O1'/;C
Ralph L. "Bill" Axselle, Jr.
RLAJR:rjs
cc: Members, Chesterfield County Board of Supervisors
Mr. John McCracken, Director of Transportation -
County of Chesterfield (BY HAND)
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The Commonwealth of Virginia
Public-Private Transportation Act of 1995
Implementation Guidelines
July 1, 1995
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TABLE OF CONTENTS
INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
EXECUTIVE SUMMARY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Solicited Proposals ......................,................................ 3
Project Selection and Comprehensive Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
VDOT Rights Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Timeline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
PROJECT PROPOSALS ....................................................... 6
Solicited Proposals ...................................................... 6
Unsolicited Proposals .................................................... 6
Qualifying Transportation Facilities...................... ...... ...,........8
PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS
UNSOLICITED PROPOSALS ............................................9
Proposal Submission. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Proposal Review Fee.................................................... 10
Proposal Preparation................................................... 10
Virginia Freedom of Information Act . . . . . .. . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . 11
Proposal Requirements.................................................. 12
Phase One - Conceptual Proposal ................ . . . . . . . . . . . . . . . . . . . 12
Phase Two - Specific Deliverables ............................. . . . . . . 16
EVALUATION AND SELECTION PROCESS ....................................17
Two Phase Process .............,....................................... 17
Phase One: Initial Review Committee ............................... 17
Phase Two: Public-Private Transportation Advisory Panel .............. 18
The Commonwealth Transportation Commissioner.......................... .19
PROPOSAL EVALUATION AND SELECTION CRITERIA. . . . . . . . . . . . . . . . . . . . . . . . . 21
Qualifications and Experience. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . . . . . 21
Project Characteristics .......................................... .'. . . . . . . 22
Project Financing ..................................................... 24
Public Support. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Project Compatibility ................................................... 25 '
THE COMPREHENSIVE AGREEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
APPENDIX................................................................. 29
The Public-Private Transportation Act of 1995 .............................. 30
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Public-Private Transportation Act of 1995
INTRODUCTION
The Public-Private Transportation Act of 1995 (the Act) is the legislative framework enabling
the Commonwealth of Virginia, qualifying local governments and certain other political
entities to enter into agreements authorizing private entities to acquire, construct, improve,
maintain, and/or operate qualifying transportation facUities. Passage of the Act, which takes
effect July 1, 1995, followed a year-long collaboration among the General Assembly,
representatives from the private sector, and the Allen Administration.
The Act
The Act grants responsible public entities the authority to allow private entities to construct
and/or operate qualifying transportation facilities if the public entities determine there is a need
for the facilities and private involvement would provide the facilities to the public in a timely
and cost-effective fashion. The Act dermes "responsible public entities" to include any public
entity that has the power to acquire, construct, improve, maintain and/or operate the
transportation facilities. Individually negotiated comprehensive agreements will derme the
respective rights and obligations of the responsible public entity and the private operator.
The complete text of the Public-Private Transportation Act of 1995 has been included in the
Appendix to these guidelines. Although guidance with regard to application of the Act is
provided herein, it will be incumbent upon all entities--both public and private-to comply with
the provisions of the Act.
Implementation Guidelines
Page 1
July 1, 1995
.
Public-Private Transportation Act of 1995
EXECUTIVE SUMMARY
Following are procedural guidelines developed by the Commonwealth Transportation
Commissioner (the Commissioner) to guide the selection of projects under the purview of the
Virginia Departtnent of Transportation (VDOT) and t1ie Virginia Departtnent of Rail and
Public Transportation (DRPT). Other responsible public entities (other state agencies such as
the Virginia Port Authority, and cities, counties, etc.) are invited to use or adopt the same or
similar guidelines in order to provide the greatest degree of uniformity and consistency in
application of the Public-Private Transponation Act of 1995.
Throughout this document, references to the responsible public entity specify the Virginia
Department of Transportation; however for rail and mass transit project proposals, DRPT
would be substituted when appropriate as the responsible public entity. In such instances, the
composition of the Initial Review Committee and the Public-Private Transportation Advisory
Panel will be reflective of DRPT as the responsible public entity and the Director of Rail and
Public Transportation will act wherever the Commissioner is designated.
The Public-Private Transportation Act allows for both solicited and unsolicited project
proposals. The major steps involved in evaluating, selecting, and implementing the projects
are similar for bQth solicited and unsolicited proposals. It is anticipated that the private sector
will identify many prospective projects, although state agencies and qualifying localities are
empowered to solicit proposals generally or for specific projects.
Private entities may also propose innovative fmancing methods, including the imposition of
user fees or service payments under the provisions of the Act. The financing arrangements of
the private entity may include the issuance of debt, equity or other securities or obligations.
The proposer may enter into sale and leaseback transactions and secure any financing with a
pledge of, security interest in, or lien on, any or all of its property, including all of its
property interests in the qualifying transportation facility. Once a project has been selected, a
maximum rate of return to the private operator will be negotiated as part of the comprehensive
agreement governing the project.
Although procedures incorporated in these guidelines are consistent with those of the Code of
Virginia ~ 11-37, the selection process for solicited or unsolicited project proposals is not
subject to the Virginia Public Procurement Act (~ 11-35 et seq.).
Implementation Guidelines
Page 2
July 1. 1995
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Public-Private Transportation Act of 1995
Solicited Proposals
From time to time, on behalf of the Commissioner, VDOT may issue Requests for Proposals
(RFPs) inviting proposals from private entities to acquire, construct, improve, maintain and/or
operate qualifying transportation facilities as dermed in the Public-Private Transportation Act
of 1995. The RFP will specify information and documents which must accompany the
proposals, the factors which will be used in evaluating: the proposals and contain or
incorporate by reference other applicable tenns and conditions, including any unique
capabilities or qualifications which will be required of private entities submitting proposals
(proposers). Such RFPs may invite proposers to identify projects or may solicit proposals on
VDOT-identified projects.
Unsolicited Proposals
The Act permits responsible public entities to receive , evaluate and select for negotiations
unsolicited proposals from private entities to acquire, construct, improve, maintain and/or
operate qualifying transportation facilities under their jurisdiction. VDOT will receive such
unsolicited proposals at any time pursuant to these guidelines. Once a proposal is received,
however, any other proposal VDOT deems a competing proposal must be submitted within 30
days after VDOT's publication and posting of a notice that it has received such a proposal, or
be excluded from consideration unless, and until, VDOT terminates consideration of, or
negotiation on, the original unsolicited proposal and all competing proposals that were timely
submitted.
Proposal Submission and Review
VDOT requires that proposers follow a two-step proposal process, all as outlined in more
detail in the section in these guidelines entitled "Proposal Preparation and Submission
Requirements-Unsolicited Proposals".
The first submission is a conceptual proposal containing certain specified information on
proposer qualifications and experience, project characteristics, project financing, public
support and project compatibility.
After a 30 day period for receipt of competing proposals, VDOT will forward the conceptual
proposals received to an Initial Review Committee, composed of VDOT staff, which will
determine in its sole opinion whether the one or more conceptual proposals are complete,
whether the one or more proposers are qualified, and whether the project as proposed appears
in one or more cases technically and financially feasible. The Initial Review Committee will
forward only those proposals satisfying its standards to a Public-Private Transportation
Advisory Panel (Advisory Panel) composed of individuals having appropriate expertise to
Implementation Guidelines
Page 3
July l, 1995
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Public-Private Transportation Act of 1995
evaluate which projects would promote the Commonwealth's transportation goals and advance
the public interest.
VDOT will contact those proposers to receive Advisory Panel consideration and will request
that they submit, within a specified period of time, a detailed proposal containing deliverables
VDOT will identify, examples of which are set forth in the section on "Proposal
Requirements" .
Upon receipt of the detailed proposal or proposals, the Advisory Panel will review the
conceptual proposal or proposals, the fmdings and recommendations of the Initial Review
Committee, the detailed proposal or proposals, and any comments received from affected
public jurisdictions; will evaluate the proposal or proposals taken as a whole in accordance
with detailed selection criteria specified herein; and will make fmal recommendations to the
Commonwealth Transportation Commissioner.
Project Selection and Comprehensive Agreement
The Commissioner will consider the recommendations of the Advisory Panel, and select those
projects which satisfy the goals of the Act. Final authorization to acquire, construct, improve,
maintain and/or operate any qualifying transportation facility will be contingent on successful
negotiation and execution of a comprehensive agreement between the private operator and
VDOT. The comprehensive agreement will, at a minimum, outline the rights and obligations
of the parties, set a maximum rate of return to the private operator, determine liability, and
establish dates for termination of the private operator's authority and dedication of the facility
to the Commonwealth.
VDOT Rights Reserved
VDOT reserves all rights available to it by law in administering these guidelines, including
without limitation, the rights in its sole and unfettered discretion to:
A. Reject any and all proposals at any time.
B. Terminate evaluation of any and all proposals at any time.
C. Suspend, discontinue and/or terminate comprehensive agreement negotiations with any
proposer at any time prior to the actual authorized execution of such agreement by all
parties.
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Public-Private Transportation Act of 1995
D. Negotiate with a proposer without being bound by any provision in its proposal.
E. Request or obtain additional information about any proposals.
F. Issue addenda to and/or cancel any RFP.
G. Revise, supplement or withdraw all or any part of these guidelines.
H. Decline to return any and all fees required to be paid by proposers hereunder.
Under no circumstances shall the Commonwealth, the Commonwealth Transportation
Commissioner or VDOT be liable for, or reimburse, the costs incurred by proposers, whether
or not selected for negotiations, in developing proposals or in negotiating agreements. Any and
all information VDOT makes available to proposers shall be as a convenience to the proposer
and without representation or warranty of any kind. Proposers may not rely upon any oral
responses to inquiries. If a proposer has a question regarding these guidelines, the proposer
must submit the question in writing to the same person responsible for receiving all proposals
and VDOT will provide answers in writing.
Timeline
The following schedule is provided for illustrative purposes and depicts the time frames within
which VDOT anticipates completion of each phase of the proposal selection process. Every
attempt will be made to move through the process as expeditiously as possible; however,
variations in the following schedule may be necessitated due to volume, complexity of
proposals received, the need for further information or other unanticipated circumstances.
Conceptual Proposals-Initial Review
4 - 6 weeks
Commonwealth Transportation Board Approval
2 - 8 weeks
Detailed Proposal-Final Review
8 - 16 weeks
Final Project Selection
2 - 4 weeks
Negotiation of Comprehensive Agreement
8 weeks
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July 1, 1995
Public-Private Transportation Act of 1995
PROJECT PROPOSALS
Solicited Proposals
The Commissioner may solicit project proposals through issuance of a Request for Proposals
(RFP). The RFP may invite private entities to propose to construct, acquire, improve, and/or
operate either projects of their own choosing or Commissioner-specified transportation
facilities in specific locations. Whether the RFP is for a general solicitation or project-specific,
proposers will be encouraged to be as innovative as possible in their proposals.
The Request for Proposals will outline the minimum qualifications and project selection
criteria including any unique capabilities or qualifications which would be required of the
proposer. Pre-proposal conferences may be held, as deemed appropriate, and notice of such
will be provided in the RFP. Proposers will be instructed as to the format in which to submit
proposals and what minimum information, materials, and fees must be submitted in order for
the proposal to be considered complete.
Public notice of the Request for Proposals will be posted at least 60 days prior to the date set
for receipt of proposals by posting in a public area normally used for posting of VDOT public
notices and by publication in a newspaper or newspapers or other publications of general
circulation within and/or outside the Commonwealth of Virginia so as to provide reasonable
notice to the maximum number of proposers that can be reasonably anticipated to submit
proposals. In addition, proposals may be solicited directly from potential proposers.
Unsolicited Proposals
The Act permits responsible public entities to receive, evaluate and select for negotiations
unsolicited proposals from private entities to acquire, construct, improve, maintain and/or
operate qualifying transportation facilities. VDOT will receive unsolicited proposals at any
time so long as the proposals meet the requirements of the Act and these guidelines.
Upon receipt of any and all unsolicited proposals VDOT will post a notice for 30 days in a
public area it normally uses for posting of public notices and will publish the same notice in
one or more newspapers of general circulation. The notice will state that VDOT has receiveq
an unsolicited proposal under the Act, that it intends to evaluate the proposal, that it may
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Public-Private Transportation Act of 1995
negotiate a comprehensive agreement with the proposer based on the proposal, and that it will
accept for simultaneous consideration any competing proposals VDOT receives in accordance
with these guidelines within 30 days of the initial posting and publication of the notice. The
notice will summarize the proposed transportation facility or facilities, identify their proposed
location and interconnections with other transportation facilities, and provide a conceptual
design.
Failure by a prospective proposer to submit a competing proposal within such 30 day period
shall preclude such proposal from VDOT consideration unless and until VDOT terminates
consideration of, or negotiations on, the original proposal and any and all competing proposals
received within such 30 day period. VDOT will not grant requests to extend the 30 day
period; and the receipt of one or more competing proposals during such period will not trigger
the posting or publication of a new.notice or the start of any new 30 day period.
VDOT recognizes that it may receive proposals which have certain characteristics in common
yet differ in meaningful ways. In such cases, VDOT reserves the right, in its sole discretion,
to treat such a proposal or any portion of such proposal received after the original proposal, as
either a competing proposal or a noncompeting proposal. Because of the consequences to a
proposer for failing to submit within the 30 day period a proposal which VDOT could later
deem a competing proposal, prospective proposers are strongly urged to monitor VDOT
notices of proposals received, and to be prepared to submit within such 30 day period if they
perceive that a proposal they are considering or are preparing bears certain similarities to, or
has characteristics in common with, a proposal which is the subject of a notice.
In the event a proposer is unsure whether its planned proposal will be sufficiently similar to
the proposal which was the subject of a notice to be deemed a competing proposal, such
proposer may submit to VDOT a written request for a preliminary determination of whether its
project would be deemed a competing proposal in whole or in part. VDOT will endeavor no
later than seven days thereafter to respond to such request with a preliminary determination as
to whether or not the proposal would be a competing proposal or that it has received
insufficient information to make a determination.
In the event VDOT elects to treat a proposal, or part of a proposal, received within the 30 day
period as a noncompeting proposal, VDOT will follow the above notice requirements to permit
competing proposals to be submitted, including from the proposer whose proposal triggered
the original notice.
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Public-Private Transportation Act of 1995
Upon the expiration of such 30 day period VDOT will subject the original proposal, together
with any and all properly received competing proposals, to the evaluation and selection
process set forth below.
Qualifying Transportation Facilities
To become subject to the evaluation and selection process, the Act requires a proposal to meet,
among others, three criteria. First, the proposal must seek approval for a private entity to
acquire, construct, improve, maintain and/or operate specified transportation facilities.
Second, the transportation facilities so specified must be one or a combination of the
following: a road, bridge, tunnel, overpass, ferry, airport, mass transit facility, vehicle
parking facility, port facility or similar commercial facility used for the transportation of
persons or goods. Third, the proposal must be submitted to the public entity which currently
has or may assert the power itself to perform the functions the proposer seeks to perform with
respect to at least a portion of the specified transportation facilities.
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Public-Private Transportation Act of 1995
PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS
UNSOLICITED PROPOSALS
Proposal Submission
Proposers submitting to either VDOT or DRPT are required to deliver 20 copies of their
Conceptual Proposal and, if requested, Detailed Proposal to the following address:
Mr. James W. Atwell
Assistant Commissioner for Finance
Commonwealth of Virginia Department of Transportation
Room 305
1401 East Broad Street
Richmond, Virginia 23219
(804) 786-5128 (phone)
(804) 786-2940 (Fax)
Proposals are to be sealed in mailing envelopes or packages bearing the proposer's name,
address and the words "Public-Private TranSportation Proposal" clearly written on the outside.
The cover page must include the title of the proposal, the name and address of the proposing
entity. the person authorized to act on behalf of the proposer and his or her telephone and
facsimile numbers.
Also pursuant to the Act, copies of proposals must be provided directly to the governing body
of each affected local jurisdiction (city, county, town etc.) in which the proposed project is to
be located.
In the event a proposer is submitting a proposal under the Act to a responsible public entity
not subject to the authority of the Commonwealth Transportation Commissioner, it should
deliver a copy of its proposal to the Commissioner on the same day it delivers its proposal to
the responsible public entity. The Commissioner will provide written comments to the
responsible public entity within 60 days of receipt of such proposal.
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Public-Private Transportation Act of 1995
Proposal Review Fee
A non-refundable, non-negotiable Proposal Review Fee of $25,000 will be required partially
to offset the costs of processing and reviewing the proposals. In recognition of time and cost
factors affecting proposers, a two phase process is permitted involving a conceptual project
proposal for consideration by the Initial Review Comniittee and a detailed project proposal to
be completed for review and consideration by the Advisory Panel. The total fee of $25,000
will be broken into two components based on progression of the project proposal through the
two-phase selection and evaluation process. A fee of $5,000 must accompany each conceptual
proposal submitted for the flIst phase review. Prior to entering the second phase of the
evaluation process, the remaining $20,000 must be submitted for each proposal. Failure to
submit all fees shall terminate VDOT's consideration of a proposal. All fees shall be submitted
in the form of a cashier's check made payable to the Treasurer of Virginia. Proposers
submitting multiple project proposals will be required to submit a Proposal Review Fee for
each project.
Proposal Preparation
Proposals must be signed by an authorized representative of the ftrm or consortium making the
proposal. All information requested under "Proposal Requirements" should be submitted.
Proposers failing to submit all information requested for conceptual or detailed proposals may
be given an opportunity promptly to submit missing information and/or may be given a
lowered evaluation of the proposal. Conceptual proposals which lack key information required
may be rejected.
Proposals should be prepared simply and economically, providing a straightforward, concise
description of the proposer's capabilities to complete the proposed project. Emphasis should be
placed on completeness and clarity of content.
Proposals submitted for consideration should include a comprehensive scope of work and
provide enough information about the project to determine whether it meets criteria stated
herein. In addition, the fmancial plan for the project must contain enough detail so that an
analysis will reveal whether the proposed project fmancing is feasible.
Proposals should be organized in the order requested herein. All pages of the proposal should
be numbered. Evaluation of proposals will be better facilitated if proposers will cross
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Public-Private Transportation Act of 1995
reference responses by citing the tab number, and sub letter , and repeating the text of the .
requirement. If a response covers more than one page, the tab number 'and subletter should be
repeated at the top of the next page. The proposal should contain a table of contents which
cross references the requirements by category. Information which the proposer desires to
present that does not fall within any of the requirements should be inserted at an appropriate
place or be attached at the end of the proposal and deSignated as additional material. Proposals
that are not organized in this manner risk elimination from consideration.
Each copy of the proposal should be bound or otherwise contained in a single volume where
practical. All documentation submitted with the proposal should be contained in that single
volume.
Proposers who submit a proposal may be required to give an oral presentation of their
proposal to the Initial Review Committee, the Advisory Panel, the Commonwealth
Transportation Board and/or the public. Such presentations will provide opportunities to
educate the public and/or clarify aspects of the proposed project.
Virginia Freedom of Information Act
All proposals submitted to VDOT become the property of VDOT and are subject to the
Virginia Freedom of Information Act (~2.1-340 et seq.). Proposers are advised to
familiarize themselves with the Act's provisions. In no event shall the Commonwealth, the
Commonwealth Transportation Commissioner or VDOT be liable to a proposer for the
disclosure of all or a portion of a proposal submitted under these guidelines.
In the event that VDOT receives a request for public disclosure of all or a portion of a
proposal, VDOT will notify the proposer of the request, providing an opportunity for such
proposer to assert, in writing, claimed exemptions under the Freedom of Information Act or
other Commonwealth law. VDOT will come to its own judgement whether or not the
requested materials are exempt from disclosure. In the event VDOT elects to disclose the
requested materials, it will provide the proposer advance notice of its intent to disclose.
If a proposer has special concerns about proprietary information which it would desire to make
available to VDOT, such proposer may wish to suggest for VDOT consideration, prior to
submission of its proposal, methods for safeguarding such information from disclosure
consistent with the Freedom of Information Act.
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Public-Private Transportation Act of 1995
Proposal Requirements
In order to facilitate evaluation by the respective panels of the proposer's capabilities,
proposals should be as thorough and detailed as possible so that the respective panels may
properly evaluate the proposer's capabilities to complete the proposed project. Proposals
should include an executive summary and use cross-referencing rather than repetition in
explaining the proposed project.
Phase One - Conceptual Proposal
Proposers are required to submit the following, separated by ~ within the conceptual
proposal:
TAB 1: Oualifications and Experience:
a. Identify the legal structure of the ftrm, or consortium of ftrms making the proposal.
Identify the organizational structure for the project, the management approach and how
each partner and major subcontractor in the structure fits into the overall team.
b. Describe the experience of each ftrm and the key principals involved in the proposed
project. The lead organization must be identified.
c. Provide the names, addresses and phone numbers of persons within the ftrm or
consortium who may be contacted for further information.
d. Describe the length of time in business, business experience, public sector experience
and other engagements of the firm(s).
e. Include the address, telephone number, and the name of a specific contact person for an
entity for which the ftrm/consortia or primary members of the consortia have
completed a similar project.
f. Provide a ftnancial statement of the ftrmlconsortia and each major partner. Submit the
most recent Securities and Exchange Commission IO-K and IO-Q reports, if such
reports have been ftled..
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July 1, 1995
Public-Private Transportation Act of 1995
g. Include any planned participation of small, women-, and minority-owned businesses
during project development and implementation.
TAD 2: Proiect Characteristics:
a. Provide a description of the transportation facility or facilities, including the conceptual
design and all proposed interconnections with other transportation facilities. Describe
the project in sufficient detail so the type and intent of the project, the location, and the
communities that may be affected are clearly identified. Describe the assumptions used
in developing the project. The project description should be prepared in a way that
fully recognizes any federal and/or Commonwealth requirements to analyze other
project alignments and alternatives.
b. Include a list of all federal, state and local permits and approvals required for the
project and a schedule for obtaining such permits and approvals.
c. Without completing an Environmental Impact Statement, identify any anticipated
adverse social, economic and environmental impacts of the project. Specify the
strategies or actions to mitigate known impacts. Identify the projected positive social,
economic and environmental impacts of the project.
d. List the critical factors for the project's success.
e. Identify the proposed schedule for i.Ipplementing the project, including the estimated
time for completion.
f. Address liability for design and construction, and assurances for timely completion of
the project.
g. Clearly state the assumptions related to ownership, legal liability, law enforcement and
operation of the facility.
h. Provide information on any phased (partial) openings proposed prior to fmal
completion of the project.
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Public-Private Transportation Act of 1995
TAB 3: Proiect Financing:
a. Provide an estimate of the cost of the project by phase (e.g. planning, design,
construction etc.).
b. Submit a plan for the development, ftnancing and operation of the project, showing: the
anticipated schedule on which funds will be required; and proposed sources for such
funds.
c. Include a list and discussion of assumptions (user fees or toll rates, and usage of the
facility) underlying all major elements of the plan.
d. Identify the proposed risk factors and methods for dealing with these factors.
e. Identify any local, state or federal resources that the proposer contemplates requesting
for the project. Describe the total commitment (fmancial, services, property, etc.), if
any, expected from governmental sources; and the timing of any anticipated ftnancial
commitment.
TAB 4: Public Support:
a. Identify who will beneftt from the project, how they will benefit and how the project
will benefit the overall transportation system.
b. Identify any anticipated government support or opposition, or general public support or
opposition for the project. .
c. Explain the strategy and plans that will be carried out to involve and inform the
agencies and the public in areas affected by the project.
TAB 5: Project Compatibility:
a. Describe the significant benefits to the community, region or state. Identify any state
benefits resulting from the project including the achievement of state transportation
policies or other state goals.
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July 1, 1995
Public-Private Transportation Act of 1995
b. Describe significant benefits to the state's economic condition. Discuss whether this
project is critical to attracting or maintaining competitive industries and businesses to
the state or region.
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Public-Private Transportation Act of 1995
Phase Two - Specific Deliverables
The following information may be requested in phase two of the evaluation and selection
process. Specific requirements and delivery dates will be determined on a case-by-case basis
according to the proposed transportation facility.
a. Provide a topographical map (1:2,000 Of. other .appropriate scale) depicting the location
of the proposed facility or facilities.
b. Provide a list of public utility facilities that will be crossed by the transportation facility
and a statement of the private operator's plans to accommodate such crossings.
c. Provide a statement setting out the plan for securing all necessary property. The
statement must include the names and addresses, if known, of the current owners of the
property as well as a list of any property the proposer intends to request the Board to
condemn.
d. Provide a detailed listing of all fIrms who will provide specific design, construction and
completion guarantees. Include a brief description of the guarantees.
e. Provide the proposed totallife-cycle cost of the facility or facilities and the proposed
project start date. Include anticipated commitment of all parties; equity, debt, and
other fmancing mechanisms; and a schedule of project revenues and project costs.
Include in the life-cycle cost analysis a detailed analysis of the projected rate of return.
f. Include a detailed discussion of assumptions about user fees or toll rates, and usage of
the facility such as traffic forecasts and assumptions.
g. Identify any known govermnent support or opposition, or general public support or
opposition for the project. Govermnentlpublic support should be demonstrated through
resolutions of official bodies, minutes of meetings, letters, etc.
h. Demonstrate consistency with state and local transportation plans and local
comprehensive plans or indicate the steps required for acceptance into such plans.
i. Provide an explanation of how the proposed transportation facility would impact local
transportation plans of each affected locality.
j. Such additional material and information as the responsible public entity may
reasonably request.
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Public-Private Transportation Act of 1995
EVALUATION AND SELECTION PROCESS
Two Phase Process
Proposals will be submitted and evaluated according to a two phase process. Phase one will .
require a conceptual proposal to be submitted for a pre-qualification review conducted by the
Initial Review Committee. Phase two of the evaluation process will consist of scheduled
submission of detailed documentation for ftnal evaluation by the Public-Private Transportation
Advisory Panel.
Phase One: Initial Review Committee
Composition
The Initial Review Committee will be comprised of VDOT staff who will evaluate the
proposer's qualifications as well as the technical and fmancial feasibility of each proposal.
The Initial Review Committee, will be chaired by the Department of Transportation Assistant
Commissioner for Finance and comprised of the Chief Engineer and the Assistant
Commissioner for Operations. Where DRPT is the responsible public entity, the composition
of the Initial Review Committee will be modified accordingly.
Purpose
The Initial Review Committee will perform the phase one preliminary qualification review of
each conceptual proposal to determine whether the proposer has, in the sole opinion of the
Committee, (i) submitted a complete proposal; (ii) assembled a team which is qualifted and
capable of completing the proposed facility; (iii) developed a plan which is technically
feasible; and (iv) provided a fmancial plan and fmancial guarantees which will allow for access
to the necessary capital to finance the facility. The Committee may consider the advice of the
Commonwealth Transportation Board's Financial Advisor, Private Legal Counsel, and a
representative from the Attorney General's Office, as appropriate, in reaching its decision.
The Initial Review Committee may request formal presentations and/or additional
documentation in order to assess project feasibility and proposer's qualifications. Those
projects meriting further consideration will be recommended to the Commonwealth
Transportation Board for approval of the conceptual proposal.
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Public-Private Transportation Act of 1995
The Commonwealth Transportation Board
At the ftrst monthly meeting of the Commonwealth Transportation Board (the Board)
following a determination by the Initial Review Committee that a conceptual proposal merits
further review, the Board will review the conceptual proposal and approve or disapprove it for
further evaluation and action by VDOT under the Public-Private Transportation Act.
Upon Board approval, those conceptual proposals will be forwarded to the Public-Private
Transportation Advisory Panel along with the evaluations supporting the determination that
based on the proposer's qualifications and technical and fmancial feasibility, the proposal(s)
merit further review and fmal evaluation. Proposers whose proposals advance to phase two
will be contacted and advised as to the specific deliverables which will be required for the
Public-Private Transportation Advisory Panel to make its evaluation of the project.
Phase Two: Public-Private Transportation Advisory Panel
Composition
The Public-Private Transportation Advisory Panel (the Advisory Panel)will be comprised of
individuals having appropriate expeJ;tise and knowledge to objectively evaluate and analyze
which projects would promote the Commonwealth's transportation goals and advance the
public interest.
The Deputy Secretary of Transportation will chair the Advisory Panel which will include a
member of the Commonwealth Transportation Board appointed by the Chairman of the Board,
the Assistant Commissioner for Finance, the Chief Engineer, the Assistant Commissioner for
Operations, and a representative from the engineering academic community. Where DRPT is
the responsible public entity, the composition of the Advisory Panel will be modifted
accordingly.
Purpose
The primary focus of the Advisory Panel's review will be to consider the project proposals
using the Evaluation and Selection Criteria to determine whether the project(s) promote the
Commonwealth's transportation goals and serve the public interest. The Panel may consider
the advice of the Commonwealth Transportation Board's Financial Advisor, Private Legal
Counsel, and a representative from the Office of the Attorney General, as appropriate, in
making its recommendations.
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Public-Private Transportation Act of 1995
Public Comment
The Act requires that a copy of each proposal submitted be provided by the offeror to each
affected local jurisdiction (as defmed in the Act) that is not a responsible public entity.
Offerors should provide a copy of the phase one conceptual proposal and the phase two
detailed proposal to any and all affected local jurisdictions at such time as the proposal is
submitted to VDOT. Those affected local jurisdictions have 60 days from receipt of the
detailed proposal to submit written comments to the responsible public entity. Where VDOT
or DRPT is the responsible public entity, comments will be reviewed by the Advisory Panel.
If comments have not been received within the 60 day time frame, VDOT will conclude that
the affected local jurisdiction has no comment on the proposal. ~
Selection
After comments have been received from affected jurisdictions, the Advisory Panel may
request proposers to make presentations to the panel. The format of these presentations will
include a formal presentation by the proposer, followed by any questions the Advisory Panel
may have pertaining to the project proposal or the presentation. The Advisory Panel may also
ask the proposer to address concerns expressed through the public comment process. These
meetings will allow the Advisory Panel to seek clarification of project elements and complete
deliverable requirements, and provide proposers with the opportunity to further explain their
proposed projects. If there is an issue to which the proposer is unable to respond during the
formal presentation, the Advisory Panel may, at its discretion, grant the proposer a reasonable
period of time in which to submit a written response.
Following the formal presentations, the Advisory Panel will evaluate all proposals using the
criteria listed under "Proposal Evaluation and Selection Criteria". The Initial Review
Committee's Report, information gathered at the presentations to the Advisory Panel, and the
Advisory Panel's evaluation results will be used to select proposals to recommend to the
Commissioner. The Advisory Panel may elect to recommend any number of projects from
proposals received.
The Commonwealth Transportation Commissioner
The Commissioner will review the recommendations of the Advisory Panel and select from .
those projects recommended, projects which (i) satisfy a public need; (ii) are compatible with
the state transportation and local comprehensive plans; (iii) are reasonable in terms of cost;
and (iv) will result in the timely acquisition, construction of or improvements to the
transportation facility, pursuant to ~ 56-560 C of the Act.
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Public-Private Transportation Act of 1995
Final authorization by the Commissioner to acquire, construct, improve, maintain or operate
any transportation facility, will be contingent on successful negotiation and execution of a
comprehensive agreement between the private operator and VDOT. The comprehensive
agreement will, among other things, outline the rights and obligations of the parties, set a
maximum rate of return to the private operator, determine liability, and establish dates for
termination of the private operator's authority and dedication of the facility to the
Commonwealth.
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Public-Private Transportation Act of 1995
PROPOSAL EVALUATION AND SELECTION CRITERIA
The following items will be considered, but the weighting and ftnal decision is subject to the
sole discretion of the respective evaluating panel or <?fficial.
Qualifications and E1(perience Does the proposer propose a team which is qualified, led,
and structured in a manner which will clearly enable the team to complete the proposed
project?
1. Experience with Similar Infrastructure Projects
Have members of this team previously worked together constructing, improving or
managing transportation infrastructure? Has the lead ftrm managed, or any of the
member ftrms worked on, a similar privatization project?
2. Demonstration of Ability to Perform Work
What commitments has the team made to carry out the project? Does the team possess
the necessary fmancial, staffmg, equipment, and technical resources to successfully
complete the project? Do the team and/or member ftrms have competing fmancial or
workforce commitments that may inhibit success and follow-through on this project?
3. Leadership Structure
Is one firm designated as lead on the project? Does the organization of the team
indicate a well thought out approach to managing the project? Is there an
agreement/document in place between members?
4. Project Manager's E1(perience
Is a Project Manager identified, and does this person work for the principal ftrm? If
not, is there a clear deftnition of the role and responsibility of the Project Manager
relative to the member fll1llS? Does the Project Manager have experience leading this
type and magnitude of project?
5. Management Approach
Have the primary functions and responsibilities of the management team been
identified? Have the members of the team developed an approach to facilitate
communication among the project participants? Has the ftrm adequately described its
approach to communicating with and meeting the expectations of the Commonwealth?
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Public-Private Transportation Act of 1995
6. Financial Condition
Is the financial information submitted on the firms sufficient to determine the firms'
capability to fulfill its obligations described in the project proposal?
7. Project Ownership
Does the proposal identify the proposed ownership arrangements for each phase of the
project and indicate assumptions on legal liabilities and responsibilities during each
phase of the project?
8. Participation of Small Businesses and Businesses Owned by Women and Minorities
What is the level of commitment by the proposers to use small, minority-, and women-
owned business enterprises in developing and implementing the project?
Project Characteristics Is the proposed transportation facility technically feasible?
1. Project Definition
Is the project described in sufficient detail to determine the type and size of the project,
the location, all proposed interconnections with other transportation facilities, the
communities that may be affected, and alternatives (e.g. alignments) that may need to
be evaluated?
2. Proposed Project Schedule
Is the time-frame for project completion clearly outlined? Is the proposed schedule
. reasonable given the scope and complexity of the project? Does the proposal contain
adequate assurances that the project will be completed and will be completed on time?
3. Operation
Does the proposer present a reasonable statement setting forth plans for operation of
the facility?
4. Technology
Is the proposal based on proven technology? What is the degree of technical innovation
associated with the proposal? Will the knowledge or technology gained from the project
benefit other areas of the state or nation? Does the technology proposed maximize
interoperability with relevant local and statewide transportation technology? Can the
proposed project upgrade relevant local technology?
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Public-Private Transportation Act of 1995
5. Conforms to Laws, Regulations, and Standards
Is the proposed project consistent with applicable state and federal statutes and
regulations, or expected modifications of state or federal statutes, regulations or
standards? Does the proposed design meet appropriate state standards?
6. Federal Permits
Is the project outside the purview of federal oversight, or will it require some level of
federal involvement due to its location on the National Highway System or Federal
Interstate System or because federal permits are required?
7. MeetslExceeds Environmental Standards
Is the proposed project consistent with applicable state and federal environmental
statutes and regulations? Does the proposed design meet appropriate state
environmental standards? Does the proposal adequately address or improve air quality
conformity?
8. State and Loca1 Permits
Does the proposal list the required permits and schedule to obtain them? Are there
negative impacts known for the project? If so, is there a mitigation plan identified? Are
alternatives to standards or regulations needed to avoid those impacts that cannot be
mitigated?
9. Right of Way
Does the proposal set forth the method by which the private operator proposes to
secure all property interests required for the transportation facility? Does the statement
include: the names and addresses, if known, of the current owners of the property
needed for the facility, the nature of the property to be acquired, and a listing of any
property that the responsible public entity is expected to be requested to condemn?
10. ~aintenance
Does the proposer have a plan to maintain this facility in conformance with agency
standards? Does the proposal clearly defme assumptions or responsibilities during the
operational phase including' law enforcement, toll collection and maintenance?
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July 1, 1995
Public-Private Transportation Act of 1995
PrQject Financing Has the proposer provided a fmancial plan and financial guarantees which
will allow for access to the necessary capital to finance the facility?
1. Financing
Did the proposer demonstrate evidence of its ability and commitment to provide
sufficient equity in the project as well as the ability to obtain the other necessary
fmancing?
2. Financial Plan
Does the fmancial plan demonstrate a reasonable basis for funding project development
and operations? Are the assumptions on which the plan is based well-defmed and
reasonable in nature? Are the plan's risk factors identified and dealt with sufficiently?
Are the planned sources of funding and fmancing realistic?
3. Estimated Cost
Is the estimated cost of the facility reasonable in relation to the cost of similar projects?
4. Life Cycle Cost Analysis
Does the proposal include an appropriately conducted analysis of projected rate of
return and life-cycle cost estimate of the proposed project and/or facility?
5. Business Objective
Does the proposer clearly outline his reason for pursuing this project? Do his
assumptions appear reasonable?
Public SIUlport Has the proposer garnered sufficient public support for the proposed project?
1. Commwll~Be~fi~
Will this project bring a significant transportation and economic benefit to the
community, the region, and/or the state? Are there ancillary benefits to the
communities because of the project?
2. Commwll~ Support
What is the extent of support or opposition for the project? Does the project proposal
demonstrate an understanding of the national and regional transportation issues and
needs, as well as the impacts this project may have on those needs? Is there a
demonstrated ability to work with the community?
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Page 24
July 1, 1995
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Public-Private Transportation Act of 1995
3. Public Involvement Strategy
What strategies are proposed to involve local and state elected officials in developing
this project? What level of community involvement has been identified for the project?
Is there a clear strategy for informing, educating and obtaining community input
through the development and life of the project?
Proiect Compatibility Is the proposed project compatible with state and local comprehensive
plans?
1. Compatibility with the Existing Transportation System
Does this project propose improvements that are compatible with the present and
planned transportation system? Does the project provide continuity with existing and
planned state and local facilities?
2. Fulfills Policies and Goals
Does the proposed project help achieve performance, safety, mobility or transportation
demand management goals? Does the project improve connections among the
transportation modes?
3. Enhance Community-Wide Transportation System
. Are there identified project benefits to the affected community transportition system?
Does this project enhance adjacent transportation facilities?
4. Consistency with Local, Regional and State Transportation Plans
Is the project consistent with city and county comprehensive plans and regional
transportation plans? Is this project consistent with plans and documents of the Virginia
Multimodal Long Range Plan? If not, are steps proposed that will achieve consistency
with such plans?
5. Economic Development
Will the proposed project enhance the state's economic development efforts? Is the
project critical to attracting or maintaining competitive industries and businesses to the
region, consistent with stated objectives?
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Page 25
July I, 1995
Public-Private Transportation Act of 1995
THE COMPREHENSIVE AGREEMENT
Prior to acquiring, constructing, improving, maintaining and/or operating a transportation
facility, the proposer(s) selected must enter into a comprehensive agreement with VDOT. A
working group chaired by the Commonwealth Transportation Commissioner and including the
Deputy Secretary of Transportation, a representative of the Office of the Attorney General, the
Financial Advisor and Private Legal Counsel for the Commonwealth Transportation Board,
and VDOT staff will be responsible for negotiating the comprehensive agreement. Each
comprehensive agreement will defme the rights and obligations of VDOT and the respective
private operator with regard to the projecl.
The terms of the comprehensive agreement shall include but not be limited to:
1. The right of the operator to acquire, construct, improve and/or operate the
Transportation Facility, the duration of the operator's rights to operate the
Transportation Facility, and the conditions under which the Transportation Facility will
be dedicated to the responsible public entity;
2. The mechanism by which user fees, if any, may be established from time to time upon
agreement of the parties. Any user fees shall be set at a level that, taking into account
any service payments, allows the private operator the rate of return on investment
specified in the comprehensive agreement;
a. A copy of any service contract shall be filed with VDOT.
b. A schedule of the current user fees shall be made available by the private
operator to any member of the public on request.
c. Classifications according to reasonable categories for assessment of user fees
may be made.
3. The performance milestones that will be required of the operator;
4. The right of the operator to cross, subject to applicable permit requirements and other
requirements of law, any canal or navigable water course;
5. The manner in which utilities are to be crossed or relocated and the obligation to pay
the cost thereof;
6. The manner in which the operator and VDOT will work together to establish
interconnections and interoperability between the Transportation Facility and other
public transportation facilities;
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July 1, 1995
.
Public-Private Transportation Act of 1995
7. The procedures by and conditions under which the Commissioner will exercise his
power of eminent domain to facilitate the Transportation Facility;
8. The design, construction, operation and maintenance standards with which the operator
must comply;
9. The requirements of the operator to submit plans and specifications for the
Transportation Facility to VDOT for approval;
10. The rights of VDOT to inspect construction of or improvements to the Transportation
Facility;
11. The obligation of the operator to maintain the Transportation Facility and the rights of
VDOT to monitor the operator's maintenance;
12. The right of the operator to make and enforce, with the consent of VDOT reasonable
rules with respect to the Transportation Facility;
13. The terms under which the operator will reimburse the responsible public entity for
services provided;
14. The reasonable maximum rate of return on investment authorized for the operator to
earn, the formula by which such rate of return will be calculated and the distribution of
project revenues;
15. The terms and conditions under which VDOT may contribute ftnancial and/or in-kind
resources, if any, for the Transportation Facility;
16. The events that will constitute operator defaults, operator's rights to notice and cure
and the remedies available to VDOT;
17. The events that will constitute VDOT defaults, VDOT's rights to notice and cure and
the remedies available to the operator;
18. Lender's rights and remedies with respect to operator defaults and VDOT remedies;
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July 1, 1995
.
Public-Private Transportation Act of 1995
19. The events that will constitute force majeure and the remedies the parties will have in
the event of occurrence;
20. The insurance and bonding requirements the operator will be required to meet at each
stage;
21. The allocation between the operator and VDOT of liabilities for, among others,
property damage, personal injury, Transportation Facility repair and hazardous waste
remediation;
22. The obligations of the operator to maintain records, to allow inspection and audit and
to provide regular reports to VDOT;
23. The conditions under which the operator may assign its rights under the comprehensive
agreement and/or its rights to the Transportation Facility; and
24. Other requirements of the Public-Private Transportation Act of 1995.
Any changes in the terms of the comprehensive agreement as may be agreed upon by the
parties from time to time, shall be added to the comprehensive agreement by written
amendment.
Where DRPT is the responsible public entity, the composition of the working group
negotiating the comprehensive agreement will be modified accordingly.
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July 1, 1995
..
Public-Private Transportation Act of 1995
APPENDIX
The Public-Private Transportation Act of 1995
Implementation Guidelines
Page 29
July 1, 1995
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I
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VIRGINIA ACTS OF ASSEMBLY -- 1995 SESSION
CHAPTER 647
An Act to amend and reenact * 33.1-257 of the Code of Virginia, ** 56-556 and 56-557 of the Code
of Virginia as will become effective July 1, 1995. a pan of Chapter 855 of the 1994 Acts of
Assembly, as carried by reference as * 56-558 of the Code of Virginia as will become effective
July 1, 1995. H 56-559 through 56-561 and H 56-563 through 56-574 of the Code of Virginia
as will'become effective July 1, 1995; to amend the Code of Virginia by adding sections numbered
56-573.1 and 56-573.2; and to repeal ** 33.1-263, 56-39 and 56-562 of the Code of Virginia,
relating to the Public-Private Transponation Act of 1995.
Approved March 25,1995
[5 856)
Be it enacted by the General Assembly of Virginia:
I. That ~ 33.1-257 of the Code of Virginia, ~~ 56-556 and 56-557 of the Code of Virginia as will
become effective July I, 1995. a part of Chapter 855 of the 1994 Acts of Assembly. as carried by
reference as ~ 56-558 of the Code of Virginia as will become effective July I. 1995, ~~ 56-559
through 56.561 and ~~ 56-563 through 56-574 of the Code of Virginia as will become effective July
I. 1995, are amended and reenacted. and that the Code of Virginia is amended by adding sections
numbered 56-573.1 and 56-573.2 as follows:
~ 33.1-257. How right to demand tolls ascertained and rates fixed or changed.
No tolls shall be received for passing any such bridge until it shall appear to the circuit court of
the county wherein the same is that it is completed according to the act authorizing it. The court shall
ascertain whether it is or is not so completed by appointing three disinterested freeholders to view it.
If they report in writing that it is so completed and their report be confinned by the court, the person
authorized to erect it, his heirs or assigns. may thenceforth demand and receive, on persons and things
passing the same, tolls at the rates fixed by such act or. if none be so fixed, then at such rates as
may, from time to time, be fixed Sf Yte SfaIe CefllefMieR CemAUssisR 9f by law. Though rates of
toll be specified in such act. they may, from time to time, be changed by law, unless in such act
otherwise expressly provided.
CHAPlER 22.
QUAUFYINC 'I"RMl~PORT"_TION P".CIL1+II;:~ Ab+ QP +994-
PUBliC-PRIVATE TRANSPORTATION ACT OF 1995.
,
~ 56-556. Title.
This chapter may be cited as the "QlIalif)'iRg TFlII1SlleRatieR Nsilities ~ ef 1991."
"Public-Private Transportation Act of 1995. "
~ 56-557. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Affected local jurisdiction" means any county. city or town in which all or a portion of a
qualifying transportation facility is located.
"CeFtifieate" Me8R5 ~ eeFliMsate ef ~ e8R~:eRieRee aREI Reeesaity is5tieEl te aft 8peFater t:HKieF
fftis shepler f:h8! ,eFR1i~ e,ef8lis8 ef a ttHalifying tnlnspeFtakeR faeility.
"Commission" means the State Corporation Commission.
"Comprehensive agreement" means the comprehensive agreement between the operator and the
responsible public entity required by ~ 56-566 of this chapter.
"Material default" means any default by the operator in the performance of its duties under
subsection F of * 56-565 of this chapter that jeopardizes adequate service to the public from a
qualifying transponation facility and remains unremedied after the responsible public entity has
provided notice to the operator and a reasonable cure period has elapsed.
"Operator" means the private entity that is responsible for the acquisition, construction,
. improvement, maintenance and/or operation of a qualifying transportation facility.
"Private entity" means any natural person, corporation. limited liability company. partnership. joint
venture or other private business entity.
"Public entity" means the Commonwealth and any agency or authority thereof. any county. city or
2
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town and any other political subdivision of any of the foregoing , but shall not include any public
service company.
'''Qualifying transportation facility" means one or more transportation facilities acquired,
constructed, improved, maintained and/or operated by a private entity pursuant to this chapter.
"Regulatstj' 8uHleFity" fRe8ftS 4Ite SfMe CefJ'eF8tieR CetnmissisR.
"Responsible public entity" means a public entity that has the power to acquire. construct 9f,
improve, maintain and/or operate the applicable transportation. facility.
"Revenues" means the user fees anellor service payments generated by a qualifying transportation
facility .
"Service contract" means a contract entered into between a public entity and the operator pursuant
to ~ 56-561 of this chapter. .
"Service payments" means payments to the operator of a qualifying transportation facility pursuant
to a service contract.
"State" means the Commonwealth of Virginia
"Transportation facility" means any road, bridge, tunnel, overpass, ferry, airpon, selljleft, mass
transit facility, vehicle parking facility, port facility or similar commercial facility used for the
transportation of p..osons or goods, together with any other propeny that is needed to operate the
_transportation facility, but shall exclude FlIilfeaSs, FlIilfllaS Rllllted fneilities lIIMl pipelines eWReEI
e,. II flIt9lie sep/iee eBFpBfllkBB lIIMl rail mass transit facilities owned by an interstate compact agency.
"User fees" mean the rates, fees or other charges imposed by the operator of a qualifying
transportation facility for use of all or a portion of such qualifying transportation facility pursumu to
the comprehensive agreement.
~ 56-558. Policy.
A. The General Assembly fmds that:
I. There is a public need for timely acqulsluon or construction of and improvements to
transponation facilities within the Commonwealth that are compatible with state and local
transportation plans;
2. Such public need may not be wholly satisfied by existing ways in which transportation facilities
are acquired, constructed or improved; and
3. Authorizing private entities to acquire, construct, improve 8IMli9f, maintain, and/or operate one
or more transportation facilities may result in the aeJIYisitieR 8f eea5fl:U.sS8R ef 8f iRlpfBvemeMs te
availability of such transportation facilities to the public in a more timely or less costly fashion,
thereby serving the public safety and welfare.
B. An action, other than the approval of the responsible public entity under ~ 3ll 337 56-560 of
this chapter Elf' iSGHaRee ef II eeRHiellte ~ S ill i39 ef this elllljltef, shall serve the public purpose
of this chapter if such action facilitates the timely acquisition or construction of or improvement to a
qualifying transportation facility or the continued operation of a qualifying transportation facility.
C. It is the intent of this chapter, among other things, to facilitate to the greatest extent possible,
the pooling and funding mechanisms of the Intennoda1 Surface Transportation Efficiency Act of 1991,
and any successor legislation, to the end that transportation financing be expanded and accelerated to
improve and add to the convenience of the public, and such that public and private entities may have
the greatest possible flexibility in contracting with each other for the provision of the public services
which are the subject of this chapter.
D. This chapter shall be liberally construed in conformity with the purposes hereof.
~ 56-559. Prerequisite for operation.
Ne pri\'atl3! ~ ~ BfJ8Fafe a RRspeFtatieR faeili~y tHKIeF this shapler "l:ithsut #iF!rt ehtaiRiRg
a~fJFe\'&1 at fhe FesfJ8Rsiele flIt9lie ~ eetaiRiRg a eeFtif.ieate ffefft ffte Fectllatery aytksrit) aa6
eRteRRg tiMe a SeMpFeReR!ii"'e agreeffleRt~ tfte respsRsi13le ~ ~
Any private entity seeking authorizarion under this chapter to acquire, construct, improve.
maintain and/or operate a transportation facility shall first obtain approval of the responsible public
entity under * 56-560. Such private entity may initiate the approval process by requesting approval
pursuant to subsection A of * 56-560 or the responsible. public entity may request proposals pursuant
to subsection B of * 56-560.
. ~ 56-560. Approval by the responsible public entity.
e
e
I
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I
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A. PRef Ie Ute lI!lllFeval ef Ute FeSlleRsiille ptI9Iie ~ Ute IlFiuate ~ sItall.llfe\'iEle The
private entity may request approval by the responsible public entity. Any such request shall be
accompanied by the following material and infonnation unless waived by the responsible public entity
with res~t to the ttansportation facility or facilities that the private entity proposes to operate as a
qualifying ttansportation facility:
I. A topographic map (1:2,000 or other appl"Qpriate scale) indicating the location of the
transportation facility or facilities; .
2. A description of the transportation facility or facilities, including the conceptual design of such
facility or facilities and all proposed interconnections with other ttansportation facilities;
3. The projected total life-cycle cost of the transportation facility or facilities and the proposed
date for acquisition of or the beginning of construction of, or improvements to the ttansportation
facility or facilities;
4. A statement setting forth the method by which the operator proposes to secure all property
interests required for the transportation facility or facilities; iRehulillg:. The statement shall include: (i)
the names and addresses, if known, of the current owners of the property needed for the
ttansportation facility or facilities, (ii) the nature of the mterest iB Ute property interests to be
acquiied, and (iii) any property that the responsible public entity is expected to be requested to
condenm;
5. Infonnation relating to the current ttansportation plans, if any, of each affected local
jurisdiction;
6. A list of all permits and approvals required for acquisition or construction of or improvements
to the ttansportation facility or facilities from local, state, or federal agencies and a projected schedule
for obtaining such permits and approvals;
7. A list of pub'ic utility facilities, if any, that will be crossed by the ttansportation facility or
facilities and a statement of the plans of the operator to accommodate such crossings;
8. A statement setting forth the operator's general plans for ellefldieR ef financing and operating
the ttansportation facility or facilities; IIREI
.9. The names and addresses of the persons wha may be contacted for funher information
concerning the request; and
9, 10. Such additional material and infonnation as the responsible public entity may reasonably
request.
B. The responsible public entity. may request proposals from private entities for the acquisition,
construction, improvement and/or operation of transportation facilities.
B, C. The responsible public entity sItall may grant approval if of the acquisition, construction,
improvement and/or operation of the ttansportation facility or facilities as a qualifying transportation
facility if the responsible public entity determines that it serves the public purpose of this chapter.
The responsible public entity may detennine that the acquisition, construction, improvement and/or
operation of the transportation facility or facilities as a qualifying ttansportation facility serves such
public purpose if:
+:. +he applieatieR is eelRplete;
~ 1. There is a public need for the ttansportation facility or facilities of the type the private entity
proposes to operate as a qualifying ttansportation facility;
~ 2. The transportation facility or facilities and the proposed interconnections with existing
transportation facilities, and the operator's plans for operation of the qualifying transponation facility
Or facilities, are reasonable and compatible with Ute elliskRg _sllel'talieR pIlIIl fat' Ute ~ the state
rransponation plan and with the local comprehensive plan or plans;
. +. 3. The estimated cost of the ttansportation facility or facilities is reasonable in relation to
similor facilities; and
~ 4. The private entity's plans will result in the timely acquisition or construction of or
improvements to the ttansportation facility or facilities or their more efficient operation, aIlEI.
e:. +he Bpef8ter's pIaB feF epefMieR ef fhe 1faRspeFtatieR faeility eF faeilities is reaseRaele aBEI is
eeRsisteRt wtfh. CeR1fflBa'::ealth aRElleeallfanspertatiea ~
In evaluating any request. the responsible public entity may rely upon internal staff repons
prepared by personnel familiar with the operation of similar facilities or the advice of outside
4
advisors or consultanls having relevanl experience.
~ D. The responsible public entity may charge a reasonable fee to cover the costs of processing
aIIEI, reviewing and evaluating the request feE IIpIlFevaI, including without limitation, reasonable
attorney's fees and fees for financial and other necessary advisors or consultants.
p., E. The apprQval of the responsible public entity shall be subject to the private entity's entering
into a comprehensive agreement with the responsible public entity.
g, F. In connection with its approval of the operation of the transportation facility or facilities as a
qualifying transportation facility, the responsible public entity shall establish a date for the acquisition
of or the beginning of construction of or improvements to the qualifying transportation facility. The
responsible public entity may extend such date from time to time.
~ 56-561. Service contracts.
In addition to any authority otherwise conferred by law, any public entity may contract with an
operator for transportation services to be provided by a qualifying transportation facility in exchange
for such service payments and other consideration as such public entity may deem appropriate.
~ 56-563. Affected local jurisdictions.
A. Any private entity requesting approval from, or submitting a proposal to, .tiIe a responsible
public entity 6f tile isslIlII1se ef a eeRifieate e,. tile regHlats~' 8IIfhsFi~' under * 56-560 shall notify
each affected local j:.:risdiction by furnishing a copy of its request or proposal to each affected local
jurisdiction.
B. Each affected local jurisdiction ~ 5lI8HIK ss_eRts relatiRg le a IlFOllssllll ljlllliifyiRg
traRSpeflMieR faeili1=)' te Ihe FespslUiih1e fMIWie ~ ef \he regulate~. 8HtheFi~ that is not a
responsible public entity for the respective qualifying transportatiofl facility shall, within sixty days
after receiving such notice, submit any comments it may have in writing on the proposed qualifying
transportation facility to the responsible public entity and indicating whether the facility is compatible
with the local comprehensive plan.
~ 56-564. Dedication of public property.
Any public entity may dedicate any property tit wilieIi ~ Bas lIB interest that it has for public use
as a qualified transportation facility if it fmds that so doing -W will serve the public purpose of
this chapter. In connection with such dedication, 5lIeh a public entity may convey any property
interest that it has tit 5lIeh Ilrslle~" subject to the conditions imposed by general law, to the operator,
subject to the provisions of this chapter, for such consideration as such public entity may determine.
The aforementioned consideration may include, without limitation, the agreement of the operator to
operate the qualifying transportation facility.
~ 56-565. Powers and duties of the operator.
A. The operator shall have all power allowed by law generally to a private entity having the same
form of organization as the operator and shall have the power to acquire, construct, improve or
operate the qualifying transportation facility and impose user fees and/or enter into service contracts
in connection with the use thereof. No tolls or user fees may be imposed by the operator on any
existing interstate highway flR4 . Furthermore, no tolls or user fees may be imposed by the operator
on any eJliDtiBg free road, bridge. tunnel or overpass 'Nithsllt tile SSRDeRt ef tile affeeted leeal
jllFisdietiBR unless such road. bridge, tunnel or overpass is reconstructed to provide for increased
capacity .
B. The operator may own, lease or acquire any other right to use or operate the qualifying
transportation facility.
C. Any fmancing of the qualifying transportation facility may be in such amounts and upon such
terms and conditions as may be determined by the operator. Without limiting the generality of the
foregoing, the operator may issue debt. equity or other securities or obligations. enter into sale and
leaseback transactions and secure any fmancing with a pledge of, security interest in, or lien on, any
or all of its property, including tile sertifieate ef 8IIfheFitr, sll~eet le tile previsisRs ef iItts SRalller
regaftliRg _sfer ef tile sertifieate ef 8IIfhBFi~' all of its property interests in the qualifying
transportation facility.
D. Subject to applicable permit requirements, the operator shall have the authority to cross any
canal or navigable watercourse so long as the crossing does not unreasonably interfere with then
current navigation and use of the waterway.
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5
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E. In operating the qualifying transportation facility, the operator may:
I. Make classifications according to reasonable categories for assessment of user fees; and
2. With the consent of the responsible public entity, make and enforce reasonable rules to the
same extent that the responsible public entity -W INwe fIIlI4e may make and enforce rules with
respect to a similar transportation facility.
J&:. +he pS"\'efS gFa11teEl lEt tfte epeFater itt dtis ~eetieR 5fteI.l ee 5H8jeet ~ fAe J*lWeF ef d:te
Fegtdat8F)' aYtl=leR~ fe atJpFS":e ttSef fees luusyant te S1:IB58StiBR b ef i 3' 3E12 ef lIH5 shapter.
Q, F. The operator shall:
I. Acquire, construct 9F, improve, maintain and/or operate the qualifying transportation facility in
a manner that meets the engineering standards of the responsible public entity for transportation
facilities operated and maintained by such responsible public entity, all in accordance with the
provisions of the comprehensive agreement;
2. Keep the qualifying transportation facility open for use by the members of the public at all
times after its initial opening upon payment of the applicable user fees, except when exempted by
S 33.1-252, and/or service payments; provided that the qualifying transportation facility may be
temporarily closed because of emergencies or, with the consent of the responsible public entity, to
protect the <afety of the public or for reasonable construction or maintenance procedures;
3. Maintain, or provide by contract for the maintenance of, the qualifying transportation facility;
4:- Ale wtfft Ute FegNlatBf)' 81:1theFity: fij. Fepens a8ssFihing fRafeFial eeRtrasES wifh,. afiiliates ef fhe
epeF&f:ec, fH1 &It aesaF8le seheaale ~ applieaele tt5ef fees MEIIef s8wise pa)"mSRES ekaFges fet: i:tSe ef
!Be fjHalifyiRg lRRSji8ftatieR faeility, aREI fHij ~ elhef infeFlllJMisR FeElairea ~ tile t=egalatBf}'
autheety; aREI .
~ 4. Cooperate with the responsible public entity in establishing any interconnection with the
qualifying transportation facility requested by the responsible public entity,; and
5. Comply with the provisions of the comprehensive agreement and any service contract.
~ 56-566. Comprehensive agreement.
A. Prior to acquiring 9f s8Rl1H8Remg eeRstRletieR ef eF impf8\'em8Rts Kt, constructing, improving.
maintaining, and/or operating the qualifying transportation facility. the operator shall enter into a
comprehensive agreement with the responsible public entity. The comprehensive agreement shall
provide for:
I. Delivery of performance and payment bonds in connection with the construction of or
improvements to the qualifying transportation facility. in the forms and amounts satisfactory to the
responsible public entity;
2. Review of plans and specifications for the qualifying transportation facility by the responsible
public entity and approval by the responsible public entity if the plans and specifications conform to
standard conditions of the responsible public entity;
3. Inspection of construction of or improvements to the qualifying transportation facility by. the
responsible public entity to ensure that they conform to the engineering standards acceptable to the
responsible public entity;
4. Maintenance 9y. UIe epelBter of a policy or policies of public liability insurance (copies of
which shall be filed with the responsible public entity accompanied by proofs of coverage),
self-insurance, in form and amount satisfactory to the responsible public entity and reasonably
sufficient to insure coverage of ton liability to the public and employees and to enable the continued
operation of the qualifying transportation facility;
5. Monitoring of the maintenance practices of the operator by the responsible public entity and the
taking of such actions as the responsible public entity finds appropriate to ensure that the qualifying
transportation facility is properly maintained; lIIKI .'
6. Reimbursement to be paid to the responsible public entity for ifs _ le pre"/iEle UIe services
peReRBeEl provided by the responsible public entity,;
7. Filing of appropriate financial statements on a periodic basis;
8. A reasonable maximum rate of return on investment for the operator; and
9. The date of tennination of the operator's authority and duties under this chapter and dedication
to the appropriate public entity.
B. The comprehensive agreement shall provide for such user fees as may be established from time
.'
6
"""
to time by agreement of the panies. Any user fees shall be set at a level that, taking into account any
service payments, allows the operator the rate of retum on investment specified in the comprehensive
agreement. A copy of any service contract shall be filed with the responsible public entity. A schedule
of the cur:rent user fees shall be mode available by the operator to any member of the public on
request. In negotiating user fees under this section, the panies shall establish fees that are the same
for persons using the facility under like conditions and that will not materially discourage use of the
qualifying transponation facility. The execution of the comprehensive agreement or any amendment
thereto shall constitute conclusive evidence that the user fees provided for therein comply with this
chapter. User fees established in the comprehensive agreement as a source of revenues may be in
addition to, or in lieu of, service payments.
.Ik C. In the comprehensive agreement, the responsible public entity may agree to make grants or
loans to the operator from time to time from amounts received from the federal government or any
lIivisisH agency or instrumentality thereof.
G, D. The comprehensive agreement shall incorporate the duties of the operator under this chapter
and may contain such other terms and conditions that the responsible public entity determines serve
the public purpose of this chapter. Without limitation, the comprehensive agreement may contain
provisions under which the responsible public entity agrees to provide notice of default and cure
rights for the benefit of Li.e operator and the persons specified therein as providing financing for the
qualifying transportation facility. The comprehensive agreement may contain such other lawful terms
and conditions to which the operator and the responsible public entity mutually agree, including,
without limitation, provisions regarding unavoidable delays or provisions providing for a loan of
public funds to the operator to acquire, construct, improve, maintain a'Uilor operate one or more
qualifying transponation facilities.
E. The comprehensive agreement shall provide for the distribution of any earnings in excess of the
maximum rate of retum as negotiated in the comprehensive agreement. Without limitation, excess
earnings may be distributed to the Commonwealth's transponation trust fund, to the responsible
public entity, or to the operator for debt reduction or they may be shared with affected local
jurisdictions.. .
F. Any changes in the terms of the comprehensive agreement, as may be agreed upon by the
panies from time to time, shall be added to the comprehensive agreement by written amendment.
~ 56-567. Federal, state and local assistance.
The responsible public entity may take any action to obtain federal, state or local assistance for a
qualifying transportation facility that serves the public purpose of this chapter and may enter into any
contracts required to receive such federal assistance. If the responsible public entity is a state agency,
any funds received from the state or federal government or any agency or instrumentality thereof
shall be subject to appropriation by the General Assembly. The responsible public entity may
determine that it serves the public purpose of this chapter for all or any portion of the costs of a
qualifying transportation facility to be paid, directly or indirectly, from the proceeds of a grant or loan
made by the local, state or federal government or any lIh'isieH agency or instrumentality thereof.
~ 56-568. Material default; remedies.
A. +he Fegulat8~' 8atkeRty ~ f&Yeke a eertifisate fef . ftHalifs'iRg tfBnSpelWi8R faeility jf:.
+:- A MateFia! def8Hlt iB die peFf8FManee ef me epeF8l8f' (5 EIYfi.e.s aMef fhe eSmpFekeRSive
agreemeRt 9f tHKIeF Hte seMes 68Rffae~ if ~ has eseti1R8 8REI is eeRliDKmg;
~ ASi}IlisifieR 6f eSRstfYefiea ef 8f iIRI'Te-:emeRt te HIe EJllalifying bUspeRatisR aeility has Ref
gegQB ~ Ui& Sate eSlalllisllell ~ Ui& f8speHsillle plI9Iie ~ 11& sueIt Sate hes I:IeeII el[leHlIell;
~ ~ faHt:tFe te pFs-:iEls FeaseRald)' aEieElaale sSR'ise aREI faeililieG al fe&ssRaele 8REI aRifefJR ti5ef
fees 11& llFe':illell ~ Iawt eF
+ lief faHt:tFe fe eElllljlly wilft ~ JawM eRIef ef Ui& FegulatElFY &lItheAly.
B-:- PHeF Ie 8Rf Fe\'eeatieR ef 6: eeFtifieate Hie r:egalateF)' autkeRfJ' sRall gt.Ye '.\'Rt:tea fKKiee Ie Hte
8}JBFater aHEl 8:Rf peFSeIt pfBuiEliag fmansiRg feF Hte Elaali~'iRg transpeRatisR faeili~. iRela8in~ ~
fRfSlee 6f ageRl feF ~ peFSeIt I'rs~:i8iRg HRaneiRg. +he BIJ!F&ter aREI ffte l'efSeRs prs\'iaiRg fmaneiRg
feF ffte Elaalif:,'iRg tF6l1SpeRak8R ~eility shall ee eRtitled le a reas8Raele fime peRed te et:tfe tfie .~
fhal eettkI leae l& a re.~eealieB &f Ute seFtifieale. PFifw le ~ reussatieR ** HIe eeflifieate. fhe
rec:alat8F)' atltReFifJ' shall aBRSast a ReaRIl' te setefflline if re"esatieR ef lite eeFtiHsate 5ePreS fhe
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pe8Ite pll11J8Se ei fhis ehaptef. -Awt iRtef8Sted ~ shall he eRatles fe paRieipate 1ft 5tI6ft heariRg,
511Bjest te fIIIes esWlli5sed By- Hie regulats~' lllIliIsRt)' IiIat ~ IiHI* Hie aJlJle_se ef plIAies wiIiI
syhslIlfttially idealisal intereslS.
Except. upon agreement of the operator and any other panies identified in the comprehensive
agreement, no responsible public entity shall exercise any of the remedies provided in this section or
in subsection B or C of * 56.569 unless the Commission, after notice to the operator and the secured
panies (as may appear in the operator's records) and an opponunity for hearing, shall first issue a
declaratory judgment that a material default, as defined in * 56.557, has occurred and is continuing.
~ B. Upon Hie re\'SSllliSR ef II seFtifisate ef lllIYlSRIy entry by the Commission of a declaratory
judgment order pursU/J1lJ to subsection A above,' unless such order is stayed pending appeal to the
Virginia Supreme Coun, the responsible public entity may exercise any or all of the following
remedies:
I. The responsible public entity may elect to take over the transportation facility or facilities and
in such case it sha1l succeed to all of the right, title and interest in such transportation facility or
facilities, subject to any liens on revenues previously granted by the operator to any person providing
financing therefor and the provisions of subsection Q C below. Awt IieII!; 8ft Hie reel e6tale llII4
~gihle pfepe~y eempRsiRg tAe k=aASpeRalieR faeili~' 8F faeilikes shall he seelRed le Be 8Jtknguished
aM shall he feleassil e& RUlyest II 4he Fe51'8Rsihle peeHe ~ takes eYef _ ElQaliFyiRg
tFanSpeflaliSR faeil~' lum;yant le tMs aahseegeR.
2. Any responsible public entity having the power of condemnation under IlJlJllisallle state law
may exercise such power of condemnation to acquire the qualifying transportation facility or facilities.
Nothing in this chapter shall be construed to limit the exercise of the power of condemnation by any
responsible public entity against a qualifying transportation facility after Rl':sslllisR ef Hie seffifisllle
the entry by the Commission of a final declaratory judgment order pursuant to subsection A above.
Any person that has provided financing for the qualifying transportation facility, and the operator, to
the extent of its capital investment, may participate in the condemnation proceedings with the
standing of a property owner.
3. The responsible public entity may terminate the comprehensive agreement and exercise all any
other rights and remedies which may be available to it at law or in equity.
4. The responsible public entity may make or cause to be made any appropriate claims under the
performance and/or payment bonds required by subsection A lof * 56.566.
Q, C. In the event the responsible public entity elects to take over a qualifying transportation
facility pursuant to subsection b B I of this section, the responsible public entity shall acquire,
construct, improve, operate and maintain the transportation facility, impose user fees for the use
thereof and comply with any service contracts as if it were the operator. ~ fees 5iIaIl RllRllin
sBBjeet te epPle-lal ~ ".. Fegulat8VY a1:ltheFi.~' m aeeeNanee widt the staftElanis 5el feffIt iR SHBsastiBR
b ef S 3li 3li2 aR4; seIeIy ~ weft JlllfJl95e, Hie f8glll1ll9fj' alItRsFily 5iIaIl ~ jllRsaisti9R eYef' Hie
lIUaI~'iRg IflII1SJlSfWiSR faeilay. Any revenues that are subject to a lien shall be collected for the
benefit of, and paid to, secured parties, as their interests may appear, to the extent necessary to satisfy
the operator's obligations to secured parties, including the maintenance of reserves and such liens
shall be correspondingly reduced and, when paid off, released. Before weft any payments to, or for
the benefit of, secured parties, the responsible public entity may use revenues to pay current operation
and maintenance costs of the transportation facility or facilities, including compensation to the
responsible public entity for its services in operating and maintaining the qualifying transportation
facility. Remaining revenues, if any, after all weft payments iHwe geett fIHIEie 9f Jlre':ided ~ ffi lift
amettllt ~ te eKsead 8ft aFR81lRt dtat will pre-:ide me epef8ler wifh fhe RHe ef ~ eB tfs eaptW
iA\'estmeRt IlJlJlFe':ed ~ Hie f8gllllllS~' alIliIsRt)' tHl6ef S 3li 3li2 ef IiIis SSllpter 5iIaIl Be pai6 te Hie
9jleFlller eYef' Hie fiRIe peReQ IiIat Hie seFtiRsllle weuW ftIWe geett ffi pIaee ftaEl # _ geett f8"!JIEed for
operation and maintenance of the transponation facility or facilities, and to, or for the benefit of,
secured panies, have been made, shall be paid to the operator, subject to the negotiated maximum
rate of return. The right to receive such payment, if any, shall be considered just compensation for
the transportation facility or facilities. The full faith and credit of the responsible public entity shall
not be pledged to secure any financing of the operator by the election to take over the qualifying
transportation facility. Assumption of operation of the qualifying transportation facility shall nOI
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obligate the responsible public entity to pay any obligation of the operator from sources other than
revenues.
956-569. Condemnation.
A. At the request of the operator, the responsible public entity may exercise any power of
condemnation that it has under law for the pwpose of acquiring any lands or estates or interests
therein to the extent that the responsible public entity fmds that such action serves the public purpose
of this chapter. Any amounts to be paid in any such condemnation proceeding shall be paid by the
operator.
B. Except as provided in subsection A of this section, until a eeFtiHsale Bas lleeft f8\'sl,eEl the
Commission has entered a final declaratory judgment order under subsection A of 9 56-568, the
power of condemnation may not be exercised against a qualifying transportation facility.
C. After the eeltiHellle Bas lleeft Rl':IlI,eEl entry of such fiMI order by the Commission, any
responsible public entity having the power of condemnation under law may exercise such power of
condemnation as provided in subsection ~ B 2 of 9 56-568 in lieu of, or at any time after taking over
the transportation facility pursuant to subsection ~ B I of 9 56-568.
9 56-570. Utility crossings.
The operator and each public service company, public utility, railroad, and cable television
provider, whose facilities are to be crossed or affected shall cooperate fully with the other in planning
and arranging the manner of the crossing or relocation of the facilities. Any such entity possessing the
power of condemnation is hereby expressly granted such powers in connection with the moving or
relocation of facilities to be crossed by the qualifying transportation facility or that must be relocated
to the extent that such moving or relocation is made necessary or desirable by construction of or
improvements to the qualifying transportation facility, which shall be construed to include
construction of or improvements to temporary facilities for the pwpose of providing service during
the period of construction or improvement. Any amount to be paid for such crossing, construction,
moving or relocating of facilities shall be paid for by the operator. Should the operator and any such
public service company, public utility, railroad, and cable television provider not be able to agree
upon a plan for the crossing or relocation, the RlgulIlS~' BHIiIsRfy Commission may detennine the
manner in which the crossing or relocation is to be accomplished and any damages due arising out of
the crossing or relocation. The RlgulIl8~' 8lIthsAly Commission may employ expert engineers who
shall examine the location and plans for such crossing or relocation. hear any objections and consider
modifications, and make a recommendation to the RlgulllllfY 8lI1i1SRly Commission. In such a case,
the cost of the experts is to be borne by the operator.
956-571. Police powers; violations of law.
A. All police officers of the Commonwealth and of each affected local jurisdiction, shall have the
same powers and jurisdiction within the limits of such qualifying transportation facility as they have
in their respective areas of jurisdiction and such police officers shall have access to the qualifying
transportation facility at any time for the purpose of exercising such powers and jurisdiction. This
authority does not extend to the private offices, buildings. garages and other improvements of the
operator to any greater degree than the police power extends to any other private buildings and
improvements.
B. To the extent the transportation facility is a road, bridge, tunnel, overpass or similar
transportation facility for motor vehicles, the traffic and motor vehicle laws of the Commonwealth or,
if applicable, any local jurisdiction shall be the same as those applying to conduct on similar
transportation facilities in the Commonwealth or such local jurisdiction. Punishment for offenses shall
be as prescribed by law for conduct occurring on similar transportation facilities in the
Commonwealth or such local jurisdiction.
9 56-572. Dedication of assets.
-+Ile regtllatsfY ayHteFity Hall E1etefRliRe ~ Elate ef teFMiRatiSR ef fhe anginal peRnall8Rt
fiaaneiBg att6 sftaI.I teRRiRRte 4Be e,eFater' 5 eeFlifie8te 9ft a Elate f:hal 5ftaIl. ~ e7lseeEl tee y.eafS fFem
Hte eREI ef 4Be teRB ei fhe 8rigmal pSFfR&AeRt ft.naneiRg. ~ FegHlatsfj' aathsRlJ" ~ ekange ffte
teFftliRatisa 6ale fa fake tAle aeseKRt 8Rf refmaneiRg ef Ute 9figiRaI peFRlaneRt HRaneiRg, iRShuiiRg
~ F:8HftaneiRg f.ef Ute 1'8'1'858 ef 8lt-paRsieR, 9f ~ ~ te.HlaRaheft M 4Re eFigiRaI peRRaneRt
fiRaReiRg ~ 4Ile ~ 4Bal sueft RlssifieatieR 5efYeS 4Ile pIiWie jlYlJlsse ef lilts eR8jlter. The
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responsible public entity shall terminate the operator's authority and duties under this chapter on the
date set forth in the comprehensive agreement. Upon d!e termination ef d!e eeRiReate, the authority
and duties of the operator under this chapter shall cease, and the qualifying transporution facility
shall be .dedicated to the responsible public entity or, if the qualifying transponation facility was
initially dedicated by an affected local jurisdiction, to such affected local jurisdiction for public use.
~ 56-573. Sovereign immunity.
Nothing in this chapter shall be construed as or deemed a waiver of the sovereign immunity of the
Commonwealth, any responsible public entity or any affected local jurisdiction or any officer or
employee thereof with respect to the panicipation in, or approval of all or any pan of the qualifying
transportation facility or its operation, including but not limited to interconnection of the qualifying
transportation facility with any other transporution facility. Counties, cities and towns in which a
qualifying transponation facility is located shall possess sovereign immunity with respect to its
construction and operation.
* 56-573.1. Procurement.
The Virginia Public Procurement Act (* 11-35 et seq.) shall rwt apply to this chapter; however, a
responsible public entity may enter into a comprehensive agreement only in accordance with
procedures adopted by it which are consistent with those of * 11-37 to the extent such section applies
to the procurement of "other than professional services" through competitive negotiation as defined
in ** 11.37 and 11-48. Such responsible public entities shall rwt be required to select the proposal
with the lowest price offer, but may consider price as one factor in evaluating the proposals received.
* 56-573.2. Jurisdiction.
The Commission shall have exclusive jurisdiction to adjudicate all maners. specifically commined
to its jurisdiction by this chapter.
~ 56-574. Preservation of the Virginia Highway COlJlOration Act of 1988.
Nothing in this chapter shall be construed to repeal or change in any manner the Virginia
Highway COlJlOration Act of 1988, as amended (* 56-535 et seq.). Nothing in the Virginia Highway
Corporation Act of 1988, as amended. shall apply to qualifying transportation facilities undertaken
pursuant to the authority of this chapter.
2. That ~~ 33.1-263, 56-39 and 56-562 of the Code of Virginia are repealed.
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. CONNECTIONS
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STRATEGIC PLAN.
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INTRODUCTION
Virginia Connections was initiated in May 1994 by Virginia Secretary of Transportation Robert E.
Martinez to develop a vision for the future direction of transportation in the Commonwealth.
Virginia Connections is gUided by four themes espoused by the Allen Administration. First,
Virginia Connections seeks to increase citizen ownership of I!overnment. Virginians should feel
that they own their government, that it exists to serve their needs. Citizen control of Virginia's
transportation system will be enhanced by making the transportation planning process more
responsive to the needs of passenger and freight transportation users. The second objective is to
increase the customer service orientation within state transportation agencies. Virginia will improve
the speed and value of the services that state agencies provide to transportation users and create an
. efficient customer service network to facilitate efficient delivery of services. Third, Virginia
Connections will increase comoetition in I!overnment by providing a series of initiatives to increase
private sector involvement in the provision of transportation services. Virginia Connections
promotes activities through which transportation agencies make themselves more competitive and
seeks opportunities to take advantage of the strengths of the private sector. Finally, Virginia
Connections strives to chanl!e the culture of our transportation workforce, creating an atmosphere
in which reinvigorated, high performance employees thrive. Every employee will be empowered
to perform at their highest level.
The Virginia Connections strategic planning effort was gUided by seven principles provided by
Secretary Martinez. Under the direction of Shirley 1. Ybarra, Deputy Secretary of Transportation,
working groups were established to focus on the principles outlined by the Secretary. Each group
included members from the private sector, from public modal agencies, including the Virginia
Department of Transportation (VDOT), the Department of Rail and Public Transportation (DRPT),
the Department of Aviation (DOA V), the Department of Motor Vehicles (DMV) and the Virginia
Port Authority (VPA). Staff briefing papers are also being developed.
A series of forums was held to engage the public and private sector transportation stakeholders in
a dialogue to help defme and articulate how that vision could be put into action. The forums,
involving about 200 participants, were held across the Commonwealth. Additionally, individuals
and organizations provided written comments. Hundreds of ideas and suggestions provided by these
participants have been reviewed and summarized by the working groups to help develop this report.
Many of the action items included in this report were a direct result of comments received at the
forums. A fmal public meeting, held to provide stakeholders an opportunity to comment on an
earlier Interim Report was held in November.
Virginia Connections
Page 1
IDGHLIGHTS
· Increase the flexibility and use of Access funds for economic development and determine
how eligibility requirements for the Industrial, Rail, Recreational and Airport Access
programs can be enhanced.
· An improved process for attracting private fmancial resources for transportation facilities
will be promoted through passage of the Virginia Public-Private Transportation Act of 1995.
· Companion legislation to the proposed Virginia Public-Private Transportation Act of 1995
will be offered to create a revolving fund to improve the Commonwealth's ability to generate
interest in public/private ventures.
· "One-stop shopping" will be developed through which motor carriers can secure all
registration, licensing, and other requirements of state agencies through a single visit to one
location.
. Expand truck route eligibility and reduce the regulatory burdens of motor carriers improving
route accessibility.
. An action agenda for reviewing and revising VDOT's secondary road and local street design
standards will be developed to promote flexibility.
. A Multimodal Freight Advisory Group comprised of private sector freight carriers will be
created by and for the Secretary to advise the Commonwealth Transportation Board, the
Virginia Aviation Board, and the Virginia Port Authority Board of Commissioners on issues
related to the movement of freight.
. In conjunction with the Secretary of Commerce and Trade, a Task Force will be established
to identify possible methods to reduce or eliminate port terminal bottlenecks including the
use of technology to facilitate landside access and address modal transfer issues at ports.
. Support legislation modemizing regulations governing automobile dealerships.
. Development of a Geographic Information System (GIS) will be accelerated, with VDOT
_playing a major role.
Virginia Connections
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VIRGINIA CONNECTIONS
MISSION STATEMENT
Virginia will have a safe, efficient, intermodal transportation system with seamless connections
among all modes. The Commonwealth will develop a balanced, environmentally sound
transportation system that provides mobility, responds to the market and fosters economic prosperity
with a range of viable modal choices. Transportation policies and planning will emphasize the
movement of people and goods from origin to fmal destination rather than mode-specific travel.
PRINCIPLES
Cl Intermodalism
Improved connectivity among diffirent modes will be fostered to improve the efficiency and
effictiveness of the transportation system. Afull range of modal alternatives for passengers
and freight will be encouraged to provide choice and competition in the marketplace.
Strategic investments to improve connectivity among modes will be identified and
implemented.
Cl Deregulation
Regulatory and administrative barriers to the efficient use and development of the
transportation system will be identified and removed to enhance productivity. Except where
specifically justifiable, state regulatory requirements should not exceed ftderal
requirements.
Cl Economic Development
Providing a high quality transportation system is critical to attract and retain major
employers. Improving the transportation infrastructure is a crucial step to attract major new
industries and to secure Virginia's economic future. Strategic investments such as the
"Smart Highway" can create centers of economic growth and development.
Cl Markets
Transportation investment decisions must be based on sound economic principles and be
responsive to market needs. Decisions will be measured in terms of the resulting economic
development, the reduction in congestion costs, the improvement in mobility and access, and
the long-term viability of a project from a market perspective.
Virginia Connections
Page 3
o Privatization
The provision of transportation assets and the delivery of transportation services will be
enhanced through innovative financing techniques, such as public-private partnerships and
privatization initiatives. Private sector solutions to meeting transportation needs must be
encouraged. Opportunities to privatize governmental activities will be sought.
o Freight
Freight movement in the Commonwealth will be explicitly considered andfacilitated in the
planning and development of the transportation system.
o Technological Leadership & Safety
Research and state-of-the-art technology will be utilized to reduce costs and improve
productivity and the quality of service. Virginia will lead the research community in the
development of innovations and in the application of technology to improve safety and
mobility, to increase the capacity of the irifi'astructure, and to foster economic development.
Virginia Connections
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INTERMODALISM
Improved connectivity among modes will be fostered to improve the efficiency and
effectiveness of the transportation system. A fUll range of modal alternatives for
passengers and freight will be encouraged to provide choice and competition in the
marketplace. Strategic investments to increase mobility by improving connectivity
among modes will be identified and implemented.
BACKGROUND
A critical but often overlooked aspect of the transportation system relates to the connectivity among
. modes. Transportation planning has generally been directed toward identifying the needs of
individual modes; however, providing choices and improving the ease of connections between
modes offer opportunities for significant improvements in transportation productivity, thus
increasing mobility systemwide.
The movement offi-eight from origin to fina1 destination is increasingly accomplished through the
use of more than one mode. Most freight transfers to trucks before fmal delivery, making the
planning of connections between highways and other modes critical to eliminating intermodal
bottlenecks. These transfer points include highway access to truck terminals, air freight terminals,
railroad transfer facilities, and ports. The interface between the excellent port facilities in Hampton
Roads and the rail system in the state makes the connection between the rail and maritime modes
critical to the economic prosperity of the state. Virginia also maintains an intermodal transfer
facility, the Virginia Inland Port (VIP), in Front Royal. Dulles Airport has shown significant growth
as an intermodal hub for both freight and passenger traffic.
A primary emphasis of passenger intermodalism is improving modal connections between transit
systems and other modes. For example, many transit users begin or end their journeys as
pedestrians, bicyclists or in automobiles. Park-and-ride facilities provide a critical connection for
mass transit commuters using an automobile for a portion of their trip and often are key to
guaranteeing high ridership to major transit systems. Addressing passenger needs from an
intermodal perspective will help ensure that access to all modes is convenient and available. Long-
range intermodal plans will focus on connections among automobile, AMTRAK, VRE, airline and
transit passengers.
Virginia Connections
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GOAL: IDENTIFY OPPORTUNITIES TO ENHANCE STRATEGIC INTERMODAL CONNECTIONS.
ISSUE: A single inadequate connection in the transportation system will reduce the efficiency of
the overall system. To ensure the availability of a full range of modal choices and to improve access,
efficiency and throughput of the system, connections among modes must receive special attention.
ACTION PLAN:
. Conduct a detailed inventory of Virginia's intermodal facilities (including passenger
facilities as well as bulk transloading facilities, coal transloads, and automobile
loading/unloading ramps) and identify existing and projected bottlenecks at critical
access points between modes.
Responsibility: VDOT's Transportation Planning Division in cooperation with DRPT, VP A
DOA Vand Metropolitan Planning Organizations (MPOs)
Time Frame: October 1,1995
· Identify the strategic passenger and freight intermodal corridors in the Commonwealth
and needed project improvements along those corridors, including consideration of
double-stack railroad lines. Encourage the MPOs to support these projects and
incorporate these corridors into their regional transportation plans.
Responsibility: VDOT's Transportation Planning Division in cooperation with DRPT, VP A
DOA V and MPOs
Time Frame: July 1, 1996
. Support the improvement and further development of strategic intermodal centers such
as Dulles International Airport, the Ports of Hampton Roads, and the Virginia Inland
Port.
Dulles International Airport
D Work to support extension of rail in the Dulles corridor.
D Support construction of the fourth lane for HOV-2 use on the Dulles Toll Road.
D Provide for improvements for landside cargo access to Dulles International Airport.
D Recommend legislation to include Dulles in the entitlements portion of the Virginia
Aviation Fund.
Responsibility: VDOT, DOA V and DRPT
Time Frame: Ongoing
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Ports of Hampton Roads
D Support the Ports of Hampton Roads strategic planning process.
D Advance critical rail grade separation projects near the Ports of Hampton Roads to
eliminate modal conflicts and expedite the movement of freight.
D In conjunction with the Secretary of Commerce and Trade, facilitate a public-private
sector meeting to address critical issues related to port terminal bottlenecks.
Participants in the meeting should include representatives of motor carriers,
steamship lines, railroads, ports, VDOT, DRPT, the State Police, and local
governments.
D Appoint a public-private work group to study long-range solutions to
non-roadworthy chassis issues.
D Work to obtain funding for the Pinner's Point Interchange project.
Responsibility: VDOT and DRPT in cooperation with the Secretariat of Commerce
and Trade
Time Frame: Ongoing
Virginia Inland Port
D Provide input to the assessment of the VIP's market position compared to its regional
and national competitors. Utilize the knowledge of Virginia's advantages and
disadvantages to market the Virginia Inland Port most effectively. Consider focusing
promotion of the VIP as a truck/rail intermodal terminal for domestic movements.
Responsibility: Secretariats of Commerce and Trade and Transportation, VDOT and
DRPT
Time Frame: October 1, 1995
. Provide technical assistance grants to localities to employ new technologies designed
to facilitate connections among mass transit services. In particular, encourage the
development of Automatic Vehic1e Identification (A VI) technology and so-called
"Smart" cards that would allow passengers to pay for travel on various transit systems
with one card.
Responsibility: DRPT
Time Frame: Ongoing
GOAL: DEVELOP AND IMPROVE STATE-LEVEL INTERMODAL PLANNING AND ENCOURAGE
INTERMODAL PLANNING EFFORTS OF REGIONAL AGENCIES.
ISSUE: Because planning for the different modes of transportation traditionally has been conducted
through separate processes, interface between the modes is sometimes difficult. Virginia will
provide assistance to local governments and MPOs so that they can make the transition from mode
specific to multimodal and intermodal transportation planning. Similarly, the Transportation
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Secretariat will work to encourage future federa1legislation to focus on multimodal solutions to
transportation problems.
ACTION PLAN:
· Develop and implement a statewide long-range multimodal plan, considering both
intermodal freight and passenger needs.
Responsibility: VDOT's Transportation Planning Division in cooperation with DRPT, VP A
and DOAV
Time Frame: Policy Plan completed January 1, 1995
· Encourage regional planning agencies to consider both intermodal freight and
passenger needs in transportation planning.
Responsibility: VDOT's Transportation Planning Division in cooperation with DRPT, VP A
and DOAV
Time Frame: Ongoing
· Recommend that representation on the MPOs be broadened to include all modes and
freight groups.
Responsibility: Secretary of Transportation
Time Frame: Ongoing
. Enhance inter"agency efforts to coordinate the planning and development of
intermodal facilities such as Park and Ride lots adjacent to mass transit services.
Responsibility: DRPT and VDOT
Time Frame: Ongoing
. Playa leadership role in the development of the National Transportation System (NTS)
and the Intermodal Surface Transportation Efficiency Act (ISTEA) II.
Responsibility: Secretary of Transportation
Time Frame: Ongoing
. Improve communication among modes by establishing and improving institutional
relationships between statewide, regional and local modal organizations.
Responsibility: VDOT in cooperation with DRPT, VP A, DOA V and MPOs
Time Frame: Ongoing
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DEREGULATION
Regulatory and administrative barriers to the efficient use and development of the
transportation system will be identified and removed to enhance productivity. Except
where specifically justifiable, state regulatory requirements should not exceed
federal requirements.
BACKGROUND
Regulations generally derive from the need to ensure public safety or to protect other public
interests. As circumstances change, however, regulations often remain in place although they no
longer serve their originally intended purpose. Over time, administrative procedures for
. implementing regulations grow incrementally, adding to the cost of regulatory compliance.
Deregulation is a top priority of the Allen Administration. Governor Allen's Executive Order
Thirteen (1994) requires all state agencies to review all proposed and revised regulations.
Furthermore, all proposed regulations that go into effect after January 1, 1995, must be accompanied
by an economic impact statement. This action is premised on the fact that regulations may result
in higher prices for consumers without producing benefits to society to offset these costs.
In Virginia, ten agencies are responsible for the promulgation and enforcement of motor carrier
regulations including the State Corporation Commission (SCe), DMV, the State Police, VDOT, and
the Department of Environmental Quality (DEQ). The plethora of regulations and agencies involved
makes compliance costly and interferes with the efficiency of the motor carrier industry,
consequently impeding the growth of the Commonwealth's economy.
Congress recently enacted legislation that substantially deregulates intrastate trucking, effective
January I, 1995. Virginia Connections will review the laws and procedures to ensure that no
requirements exceeding those established by the federal government are dictated by the government
of the Commonwealth of Virginia except where specifically necessary.
Unnecessary regulations hamper not only private sector transportation providers, but constrain local
government activity as well. Virginia Connections will seek opportunities to provide flexibility to
localities to meet varying regional needs.
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GOAL: REDUCE THE REGULATORY BURDEN ON MOTOR CARRIERS.
ISSUE: Motor carriers operating in the Commonwealth are required to comply with a broad array
of tax, regulatory and other requirements. This means contacting numerous agencies at different
locations to meet carrier and vehicle credential requirements. "One-stop shopping" would enable
a motor carrier to comply with the Commonwealth's highway use/commercial vehicle requirements
at a single point of contact and create an efficient customer service network. Joining the
International Fuel Tax Agreement (lFTA) would standardize fuel tax reporting between Virginia and
the other states. Other regulations impede motor carrier operation; they will be reviewed to fmd
additional opportunities for deregulation.
ACTION PLAN:
. Implement a "one-stop shopping" program through which motor carriers can secure
necessary registration,licensing, and other requirements of all state agencies in a single
visit to one location. Use existing personnel to establish a motor carriers' unit.
Responsibility: DMV, VDOT, SCC and State Police and Virginia Trucking Association (VTA)
Time Frame: Implementation in 1996
. Join the International Fuel Tax Agreement
Responsibility: DMV in cooperation with SCC and VTA
Time Frame: Action agenda by January 1,1995, with implementation by January 1,1996
. Eliminate trucking regulations which are incompatible with the federal deregulation
of intrastate trucking.
Responsibility: DMV in cooperation with VDOT, SCC and VT A
Time Frame: Ongoing
. Evaluate feasibility of allowing truckers to use Practical Route Miles instead of Actual
Route Miles when accounting for miles traveled within the state.
Responsibility: DMVin cooperation with VDOT, SCC and VTA
Time Frame: Report by Summer, 1995
. Expand Surface Transportation Assistance Act (ST AA) route eligibility and reduce the
regulatory burden of truckers. The Commonwealth Transportation Board (CTB) will
establish a list of restricted routes.
Responsibility: CTB with input from the Virginia Association of Counties (VACO), Virginia
Municipal League (VML) and VTA
Time Frame: Implement by Summer, 1995
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· Recommend legislation to treat containerized cargo bound to or from a seaport as
irreducible loads eligible for permitting.
Responsibility: VDOT
Time Frame: Legislation introduced 1995 Session.
· Evaluate feasibility of giving motor carriers the option of permanent trailer registration
to reduce administrative burdens.
Responsibility: DMV and State Police
Time Frame: Report by Summer, 1995
GOAL: REDUCE OR ELIMINATE OBSOLETE STATE LAWS GOVERNING TRANSPORTATION PROVIDERS.
. ISSUE: Regulations can affect the delivery of services, hamper competitive markets and limit the
availability of transportation options. For example, many restrictions placed on the railroad industry
have existed since the turn of the century and are no longer necessary. Another area where
regulations and laws impede competitive markets is auto dealerships. Opportunities to reduce
regulatory burdens on this industry will be sought.
ACTION PLAN:
. Establish a public-private Task Force to review laws and regulations governing
railroads to simplify regulations, remove archaic language, and respond to changes in
federal railroad regulations. No law or regulation should exceed the requirements set
by the federal government except where specifically necessary.
Responsibility: Task Force established 1995
Time Frame: Legislation draftedfor 1996 Session
. Support legislation modernizing regulations governing automobile dealerships.
Responsibility: Auto dealer associations and DMV
Time Frame: Legislation introduced 1995 Session
. Establish a Task Force including local transit operators, industry experts, and DRPT
to identify and recommend actions to eliminate barriers to transit privatization and
encourage flexibility.
Responsibility: Task Force
Time Frame: Secretary will appoint Task Force, report completed by December 1995
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GOAL: REDUCE OR ELIMINATE UNNECESSARY AND DUPLICATIVE ENVIRONMENTAL REGULATIONS.
ISSUE: Environmental regulations have increased dramatically in the past 20 years. Although the
health of Virginia's environment must be sustained, such efforts must be balanced with our
economic well-being. In many instances, regulations imposed by Virginia on motor and rail carriers
and transportation agencies are duplicative offederal requirements. Virginia Connections will seek
opportunities to eliminate onerous environmental requirements and simplify reporting procedures.
ACTION PLAN:
· Eliminate unnecessary requirements for special conditions on Corps of Engineers'
nationwide permits by working with the Department of Environmental Quality (DEQ)
to achieve the maximum benefit in the use of those permits.
Responsibility: VDOT in cooperation with DEQ
Time Frame: January 1,1995
· Revise DEQ's wetlands monitoring requirements to mirror those set by the Corps of
Engineers and develop wetlands banking policy in cooperation with DEQ.
Responsibility: VDOT in cooperation with DEQ
Time Frame: January 1,1995
. Streamline operations and create efficiencies in programs administered by DEQ.
VDOT is working with DEQ to eliminate unnecessary requirements in all programs,
including stormwater runoff, underground storage tanks, and water quality permit
fees.
Responsibility: VDOT in cooperation with DEQ
Time Frame: Ongoing
. Streamline operations and increase efficiency at Department of Historic Resources
(DHR) by implementing an electronic information system. Execute an agreement that
authorizes VDOT professional staff to undertake project reviews to meet Federal
Highway Administration (FHW A) criteria for the categorical level environmental
document. Agreement allows VDOT to review its own projects, reporting to DHR on
a quarterly basis.
Responsibility: VDOT in cooperation with DHR
Time Frame: Ongoing
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GOAL: REVISE POLICIES AND PROCEDURES TO IMPROVE COMMUNICATION WITH AND
RESPONSIVENESS TO LOCAL GOVERNMENTS.
ISSUE: In order for rura1 roads and county subdivision streets to be accepted into the state system,
VDOT requires that they be designed and constructed to a prescribed set of standards. Local
governments have indicated that the design standards used by VDOT are not flexible enough to meet
the changing needs of today's neighborhoods and cornmunities and the wide variation in road
functions. Greater flexibility would help stretch available transportation dollars.
ACTION PLAN:
· Review VDOT's project design standards for secondary roads to find opportunities to
reduce unnecessary requirements and allow for flexibility to meet the local needs of
communities.
Responsibility: VDOT's Location and Design and Secondary Roads Divisions in
cooperation with local governments, development community and citizens
Time Frame: January 1995
· Revise existing regulations enumerating standards for local subdivision streets.
Responsibility: VDOT in cooperation with local governments, development community and
citizens.
Time Frame: January 1996
. Complete a review ofVDOT's design standards for scenic and historic roadways and
establish procedures to ensure their enhancement.
Responsibility: VDOT in cooperation with local governments
Time Frame: January 1995
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ECONOMIC DEVELOPMENT & MARKETS
Providing a high quality transportation system is critical to attract and retain major
employers. Improving the transportation infrastructure is a crucial step to attract
major new industries and to secure Virginia's economic fUture. Transportation
investment decisions must be responsive to market needs and be based on sound
economic principles. Strategic investments such as the "Smart Highway" can create
centers of economic growth and development.
BACKGROUND
Virginia, because of its strategic location on America's East Coast, is a transportation crossroads for
. the United States and for North America. The Commonwealth's innovative efforts to meet its
transportation needs have earned national recognition. To continue moving toward a robust
economic future, Virginia must base its transportation investment decisions on sound economic
principles. This means that the Commonwealth must use comprehensive measures of economic
costs and benefits to prioritize its transportation planning and investment options.
Virginia's political heritage and the historical success of market economies suggest that the state
would derive the most impact from its transportation program if it could harness market forces to
guide transportation investments. A free competitive market meets customers' needs, welcomes
technological innovation, and creates a disaggregated decision-making process in which investors
respond to prices that they individually cannot manipulate. The market, literally composed of
millions of individual decision makers, ultimately provides for the best allocation of resources.
VDOT and DRPT administer categorical grant programs designed to spur economic growth by
providing transportation access to new and expanding industries. These programs include the Rail,
Industrial, Airport and Recreational Access programs.
Strategic investments in transportation also can create economic development through the creation
of new industries. Virginia has committed $10 million toward the development of a "Smart
Highway" and to participate as a member of a consortium of private investors which include General
Motors, Martin Marietta, Bechtel and others in the development of Automated Highway System
(AHS) technologies.
Economic development efforts initiated under the rubric of Virginia Connections support the broad,
positive thrust of the Governor's Opportunity Virginia package, produced under the leadership of
the Secretariat of Commerce and Trade.
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GOAL: ENHANCE TRANSPORTATION DECISION-MAKING PROCESSES TO MAKE TRANSPORTATION
INVESTMENTS MORE RESPONSIVE TO THE COMMONWEALTH'S ECONOMIC DEVELOPMENT NEEDS.
ISSUE: Strategic investments in transportation can spur economic expansion. Transportation
investment decisions must be made with an understanding of economic development opportunities.
The Transportation Secretariat will expand opportunities to involve local govermnents, the private
sector and the Department of Economic Development in the transportation decision-making process.
ACTION PLAN:
. Increase the flexibility in the use of Access funds for economic development.
o Include Budget Bill amendment to increase the flexibility and transferability of
monies among existing (Industrial, Rail, & Airport) Access funds.
o Evaluate the eligibility requirements of the Industrial Access Program, including
projects related to agribusiness and other high employment businesses.
o Reduce the time frame associated with obtaining Access funds by examining the
feasibility of allowing local govermnents to utilize advanced construction for access
projects.
o Consider developing a Transportation Development Fund, from existing sources, to
allow for timely implementation of transportation projects promoting economic
development. Evaluate creation of a revolving fund that would enable projects to
begin faster than normal funding procedures permit.
Responsibility: Task Force
Time Frame: Task Force appointed by December 1994
. Appoint a contact to coordinate major transportation planning decisions with the
Department of Commerce and Trade's economic development planning efforts.
Responsibility: VDOT
Time Frame: For implementation in FY 1996
. Determine economic development criteria and how they can be used in the selection of
projects for funding.
Responsibility: Economic Development and Markets working group
Time Frame: Report by July 1, 1995
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· Promote transportation development initiatives such as the proposed Gateway Airport
and implement appropriate next steps, such as site selection.
Responsibility: DOA V in cooperation with VDOT
Time Frame: 1995
· Support the fmancing and completion ofthe Route 58 Corridor Development.
Responsibility: VDOT
Time Frame: Ongoing
GOAL: CONTINUE THE COMMONWEALTH'S COMMITMENT TO MAINTAIN THE QUALITY OF THE
EXISTING TRANSPORTATION INFRASTRUCTURE.
ISSUE: Virginia's existing transportation infrastructure, whose replacement value is in the billions
. of dollars, makes an enormous and indispensable contribution to economic productivity.
Expenditures for highway maintenance are projected to exceed $750 million in FY 1995. As our
infrastructure ages and costs increase, it is vital that infrastructure maintenance funds are directed
toward the greatest needs. ISTEA, the federal transportation legislation, requires the development
of six management systems to encourage the optimal use of transportation dollars.
ACTION PLAN:
. Develop the six ISTEA management systems.
Responsibility: VDOT, DRPT, DMV and MPOs
Time Frame: Varying among the six systems. Most must be fUlly operational by October
1996
. Develop an integrated maintenance management system (IMMS) that will provide an
efficient and uniform platform for integrating existing and new systems. The IMMS
will support decision-making based upon inventory, condition, and life-cycle cost
analysis. Initial systems to be integrated include the Pavement Management System,
Bridge Management System, and Maintenance Management System.
Responsibility: VDOT's Maintenance Division
Time Frame: Full implementation by 1998
GOAL: MAKE TRANSPORTATION INVESTMENTS THAT MAXIMIZE THE POTENTIAL OF VIRGINIA'S
TOURISM RESOURCES AND PROMOTE ECONOMIC GROWTH.
ISSUE: Tourism is one of the largest industries in Virginia. In 1992, 158,000 jobs were supported
by travel spending, and domestic travelers' expenditures in Virginia were $8.6 billion. An adequate
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transportation infrastructure and appropriate access to these attractions are critical to retaining our
status as a major tourism state.
ACTION PLAN:
· Maximize the economic development impact of the Transportation Enhancements
Program by developing project selection criteria that focus on tourism and other
economic development opportunities.
Responsibility: Commonwealth Transportation Board Environmental and Human Resources
Committee
Time Frame: Report by March 1995
· Identify existing and potentially significant tourism corridors and examine the
feasibility of supporting tourism-related transportation improvements such as the
recently approved Lee's Retreat project.
Responsibility: VDOT and Division of Tourism
Time Frame: Report by January 1996
· Appoint a contact to coordinate transportation planning efforts with the state Division
of Tourism.
Responsibility: VDOT
Time Frame: For implementation in FY 1996
· Develop a Virginia Byways Map that features highway-related tourist attractions.
Responsibility: VDOT
Time Frame: December 1994
GOAL: ENCOURAGE INVESTMENTS IN EMERGING TRANSPORTATION TECHNOLOGIES THAT CAN
CREATE NEW CENTERS OF ECONOMIC DEVELOPMENT ACTIVITY.
ISSUE: An emerging industry involves the development and deployment ofIntelligent Vehicle
Transportation System (ITS) technologies. Virginia is at the forefront of this growth industry with
its involvement in the development of a six-mile "Smart Highway" in the Blacksburg area. The
Commonwealth will make and support transportation investments that can create new centers of
economic activity, recognizing that transportation generates jobs and income.
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ACTION PLAN:
. Support the "Smart Highway" project currently under development and the
adaptation of "Smart" technologies and their compatibility for other forms and modes
of transportation.
Responsibility: VDOT
Time Frame: Ongoing
· Support Intelligent Transportation Systems for Virginia (ITSV A).
Responsibility: VDOT, DRPT and DOA V
Time Frame: Ongoing
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PRIVATIZATION
The provision of transportation assets and the delivery of transportation services will
be enhanced through innovative financing techniques, such as public-private
partnerships and privatization initiatives. Private sector solutions to meeting
transportation needs must be encouraged Opportunities to privatize governmental
activities will be sought.
BACKGROUND
Privatization is the act of reducing the government's role, or increasing the private sector's role, in
. the provision of goods and services. Privatization describes a range of options from contracting out
state services, such as road maintenance, to public-private partnerships for infrastructure finance and
construction.
Legislation passed recently at both the federal and state levels (including Virginia's Qualifying
Transportation Facilities Act of 1994) has expanded opportunities for private financing of
transportation projects. State-of-the-art public-private legislation was passed last year in Washington
state. Washington's legislation is extremely flexible; it allows private firms to propose projects for
privatization. In contrast, most other states that allow privatization select the projects themselves,
and then solicit bids from private investors. Washington state selected six projects worth a total of
$2.1 billion (requiring only $166 million in state funding) following their initial solicitation. In
comparison, Virginia's annual highway construction budget is one billion dollars. A flexible
approach, similar to Washington's, will be essential to compete nationally and internationally for the
limited private sector fmancial resources available for infrastructure development.
Contracting with the private sector occurs to some extent in all of Virginia's transportation agencies.
The Governor's Commission on Government Reform (the Strike Force) examined privatization of
government services in all state agencies. In the transportation sector, transit service is one area that
lends itself to contracting. At least half the public transit agencies that serve urbanized areas in the
Commonwealth employ private contract management services in some way.
GOAL: ESTABLISH A FRAMEWORK THAT PROVIDES GREATER OPPORTUNITIES FOR PRIVATE SECTOR
FINANCING AND DEVELOPMENT OF TRANSPORTATION PROJECTS.
ISSUE: Public sector resources for transportation are limited. By utilizing private sector resources
to finance transportation infrastructure, public sector funds are freed-up for other projects.
Maximizing private sector involvement in infrastructure development results in an expanded
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transportation pie. The public-private approach suggested here is intended to supplement -- not
supplant -- public efforts in transportation. Historically, Virginia has been at the forefront,
nationally, passing enabling legislation such as the Highway Corporation Act of 1988 and the
Qualifying Transportation Facilities Act of 1994. The effective date of this latter bill was delayed
until July I, 1995, to allow for modifications to maximize opportunities for privatization (manifested
now in the Virginia Public-Private Transportation Act of 1995).
ACTION PLAN:
· Secure enactment ofthe Virginia Public-Private Transportation Act of 1995 to improve
Virginia's ability to compete for private financial resources for transportation facilities.
o Establish criteria with which to evaluate privatization project proposals.
o Develop a solicitation and an implementation process for the Public-Private
Transportation Act of 1995.
Responsibility: A multi-agency work group will be created to develop the solicitation and
evaluation process
Time Frame: Legislation introduced 1995 Session, process operational by effective date
· Propose a companion piece of legislation to establish a revolving fund to enhance the
Commonwealth's ability to participate in public-private partnerships under the state's
jurisdiction.
Responsibility: Multi-agency work group
Time Frame: Legislation introduced 1995 Session
GOAL: IDEN11FY AND PURSUE OPPORTUNITIES TOCONTRACTSERVICES WITH THE PRIVATE SECTOR.
ISSUE: The Allen Administration is seeking opportunities to increase competitiveness throughout
state government. The agencies in the Transportation Secretariat will implement Strike Force
recommendations to ensure that services are provided in the most economical and efficient manner.
ACTION PLAN:
. Utilize Value Engineering to idenillY transportation activities and functions that can
best be performed by the private sector. Initially, the feasibility of privatizing road
maintenance, project design, management of state-owned passenger vehicles, and
equipment repair and maintenance should be pursued.
Responsibility: VDOT
Time Frame: Ongoing
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. Identify DMV activities and functions that can best be performed by the private sector.
Initially, the feasibility of privatizing decal production, mail services, vehicle
maintenance and repair, inventory stocking, and security should be pursued.
Responsibility: DMV
Time Frame: Ongoing
· Contract with private vendors for the repair of state-owned air navigational aid
equipment.
Responsibility: DOA V
Time Frame: Ongoing
· Contract with private vendors for automated weather observation and dissemination.
Responsibility: DOA V
Time Frame: Ongoing
. Evaluate opportunities to pool agency resources.
Responsibility: Joint effort conducted by all agencies in the Transportation Secretariat
Time Frame: Ongoing
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FREIGHT
Freight movement in the Commonwealth will be explicitly considered andfacilitated
in the planning and development of the transportation system.
BACKGROUND
Virginia's location on the Eastern Seaboard makes it an ideal base from which to serve the consumer
and industrial markets of the densely populated Northern and Eastern urban centers, and the
expanding markets of the Southeast. Approximately one-half of the nation's population and
manufacturing activity, and five of its ten largest population centers, are located within a 500-mile
radius of Richmond. A 750-mile radius captures 60 percent of the nation's population and two-
. thirds of its manufacturing employment.
Virginia's strategic location along the 1-95, 1-64, and 1-81 corridors has allowed motor carriers who
move domestic trailer loads and less than truckload (L TL) shipments to provide excellent service
to all business segments within the region.
Virginia is served by an extensive rail network, with two of the nation's largest railroads
headquartered in the state: the CSX Corporation in Richmond and the Norfolk Southern Corporation
in Norfolk. Virginia's port complex includes one of the finest natural harbors in the world at
Hampton Roads.
For Virginia to remain competitive in attracting new and expanding business interests, and
continuing economic growth, its transportation network must facilitate the rapid and economical
movement of raw materials and finished products.
GOAL: INCLUDE CONSIDERATION OF FREIGHT AND ITS MOVEMENT IN ALL TRANSPORTATION
PLANNING PROCESSES AND PLACE AN EMPHASIS ON MULTIMODAL SOLUTIONS.
ISSUE: Traditionally, freight needs have been overshadowed by passenger needs in the planning
process and decisions made on a mode-specific basis. Virginia will expand its efforts to consider
the special needs of freight shippers as part of providing a world-class transportation system.
ACTION PLAN:
. Create a Multimodal Freight Advisory Group to the Secretary comprised of private
sector freight carriers of all modes. This group will be available to advise the
Commonwealth Transportation Board, the Virginia Aviation Board, the Port
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Authority Board of Commissioners and MPOs on transportation issues and concerns
related to the movement of freight. The Secretary will designate staff to support the
efforts of the group.
Responsibility: Multimoda/ Freight Advisory Group
Time Frame: Secretary will appoint Advisory Group by January 1, 1995
· Charge the Multimodal Freight Advisory Group with evaluating the benefits of and
obstacles to acquiring and using freight data to enhance the transportation planning
process. Assess whether meaningful data can be collected without sacrificing the
confidentiality of proprietary information.
Responsibility: Mu/timoda/ Freight Advisory Group
Time Frame: Eva/uation conducted 1995
. GOAL: REMOVE UNNECESSARY BURDENS ON FREIGHT MOVERS AND SHIPPERS.
(SEE DEREGULATION)
GOAL: INCREASE THE A VAILABILITY AND FLEXIBILITY OF FUNDS FOR FREIGHT NEEDS.
ISSUE: Because freight movement frequently spans multiple modes of transportation, financing
of freight system improvements is often precluded because projects cross lines between different
funding programs. Virginia will support flexibility of fund use and seek innovative fmancing
techniques to support critical freight needs.
ACTION PLAN:
· Review federal laws, including ISTEA, and identify exclusions in the law, to ensure that
Virginia utilizes all available funds to improve freight linkages.
Responsibility: VDOT's Programming and Scheduling Division
Time Frame: January 1995
· Review penalties assessed on overweight trucks, including base charges for liquidated
damages. Any proposed increase in revenues resulting from the review would be used
for improvements needed to support the expansion ofthe STAA routes.
Responsibility: VDOT
Time Frame: Review initiated 1994
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· Congress provides grants for the improvement of smaller rail facilities under the
Federal Railroad Administration's Local Rail Freight Assistance Program. The fund
is discretionary; to be eligible for funding a benefit-cost analysis must be undertaken
on the proposed projects. Only projects with a benefit-cost of greater than one may be
considered. Virginia will pursue additional federal monies from the discretionary local
rail assistance fund for economic development and retention of businesses.
Responsibility: DRPT
Time Frame: Annually
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TECHNOLOGY AND SAFETY
Research and state-of-the-art technology will be utilized to increase scifety and
improve productivity and the quality of service. Virginia will lead the research
community in the development of innovations and in the application of technology
to improve safety and mobility, to increase the capacity of the infrastructure, and to
foster economic development.
BACKGROUND
Safety has been, and will continue to be, a high priority in Virginia's transportation system.
. Transportation facilities in Virginia are among the safest in the nation. Since 1980 automobile
fatalities in Virginia have been reduced by 16 percent, while over the same period, vehicle miles of
travel have increased by 70 percent. In 1991, Hampton Roads was ranked as the safest of 23 deep-
draft U.S. ports in a study conducted by the U.S. Coast Guard.
Technology plays a key role in making the transportation system safer and improving its throughput
and overall effectiveness. Virginia has been a national leader in the application of advanced
technology to safety concems. For example, traffic management systems have been established to
monitor conditions on highly congested roadways in order to identify incidents quickly and provide
information to motorists on current conditions and altemate routes. The state has initiated a number
of other innovative safety programs, including a habitual offender pilot program, an automatic truck
rollover warning system, and automated weather observation systems. Safety initiatives to meet
future challenges include development of the Safety Management System, in which all safety data
are consolidated to support comprehensive decision-making.
Recognizing the need to remain at the forefront of transportation technology, Virginia has invested
in nationally recognized transportation research programs. For example, VDOT's Transportation
Research Council (VTRC) has aggressively applied new technology to solving transportation
problems for nearly 50 years. In addition, the VTRC works closely with Virginia Polytechnic
Institute and State University and George Mason University, both of which have extensive
Intelligent Vehicle Highway System research programs. The Virginia International Terminals is the
only terminal operating company in the U.S. with its own research and development division.
Virg;nia Connections
Page 25
Virginia Connections
Page 26
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GOAL: VIRGINIA'S TRANSPORTATION AGENCIES WILL UTILIZE ADVANCED RESEARCH AND
TECHNOLOGY TO IMPROVE PRODUCTIVITY AND EFFICIENCY, CREATE SMOOTH INTERMODAL
CONNECTIONS AND REDUCE THE LIFE-CYCLE COSTS OF BUILDING AND MAINTAINING
TRANSPORTATION FACILITIES.
ISSUE: Technology provides a means to increase throughput and capacity without denigrating
safety. Virginia will continue to invest heavily in IVHS (referred to increasingly--and more
appropriately--as ITS), Geographic Information Systems and other technologies that help provide
for improved mobility of passengers and freight.
ACTION PLAN:
· Accelerate implementation of a GIS with VDOT playing a major role. The
Commonwealth will develop comprehensive and accurate transportation network
mapping through GIS applications to support real-time routing analysis and other
Intelligent Transportation technologies.
Responsibility: VDOT
Time Frame: 1995
. Ideally, state procurement laws and procedures are designed to attempt to ensure the
provision of goods and services at the lowest cost. Traditionally, cost has only
considered funds needed initially to acquire the goods. Newer structures, materials,
and systems have evolved which have relatively high initial acquisition costs, hut
require lower operation and maintenance funding through their service life. Virginia
procurement laws and procedures should be thoroughly analyzed for opportunities to
consider life-cycle costs fully, particularly of new technology.
Responsibility: VDOT's Construction and Administrative Services Divisions, the Department
of General Services (DGS) and the Office of the Attorney General
Time Frame: Recommendations developed by October 1995
. Electronic clearance of commercial vehicles promises greatly to improve the efficiency
of freight movement. To prepare fully for the deployment of automatic vehicle
identification (A VI) infrastructure, Virginia will aggressively move to consolidate
motor carrier credentials. The database will allow Virginia to be fully prepared for
electronic clearance once the infrastructure is deployed on a regional basis.
Responsibility: DMV in cooperation with VDOT and SCC
Time Frame: Ongoing
. Support the efforts ofthe 1-95 Corridor Coalition and encourage coordination among
the Federal Highway Administration (FHW A), the American Association of State
Highway and Transportation Officials (AASHTO), the 1-95 Corridor Coalition, the
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Commercial Vehicle Operators Consortia, the Commercial Motor Vehicle Safety
Association and neighboring states to implement new freight technologies. Automatic
vehicle identification, weigh-in-motion and database management systems can improve
freight movement on the interstate highway network.
Responsibility: VDOT and State Police
Time Frame: Ongoing
GOAL: THE COMMONWEALTH WILL DIRECT RESOURCES TO TECHNOLOGIES THAT REDUCE
. CONGESTION, PROVIDE IMPROVED TRAVELER INFORMATION, AND REDUCE THE COST OF MOVING
TRA VELERS FROM POINT OF ORIGIN TO POINT OF FINAL DESTINA TION.
ISSUE: Traffic on Virginia's roads has increased dramatically; vehicle miles of travel (VMT) more
than doubled between 1970 and 1990. There is a limit to the extent to which the Commonwealth
. can expand its physical infrastructure for transportation. Virginia will utilize new technologies to
increase the capacity of our existing systems.
ACTION PLAN:
· Work with Intelligent Transportation Systems for Virginia (ITSV A) to develop an
aggressive IVHS Tactical Plan, based on the goals and objectives identified in the IVHS
Strategic Plan. Elements of this plan should then be incorporated into the state's
six-year improvement program.
Responsibility: VDOT's Traffic Engineering Division and Transportation Research Council
Time Frame: Report in 1995, efforts ongoing
· Develop and deploy a statewide traveler information system. This system will support
incident and congestion management, improve the state's ability to relay important
safety messages to travelers, and promote tourism within the state.
Responsibility: VDOT's Emergency Operations Center, Traffic Engineering Division and
the Division of Tourism
Time Frame: Ongoing
· Promote the development of additional private sector telecommuting centers in
Virginia's congested urban areas to reduce commuter travel during peak periods.
These centers could be modeled after centers recently established in the Northern
Virginia area.
Responsibility: Secretary of Transportation and Secretary of Commerce and Trade
Time Frame: Ongoing
Virginia Connections
Page 27
GOAL: THE COMMONWEALTH WILL PROMOTE THE USE OF NEW AND EXISTING TECHNOLOGIES TO
ENHANCE CUSTOMER SERVICE AND STREAMLINE OPERATIONS.
ISSUE: Virginia must ensure that state agencies take full advantage of existing technologies to
improve the efficiency and effectiveness of government. Virginia's transportation agencies will
direct efforts toward updating information system capabilities and integrating new technologies as
they emerge.
ACTION PLAN:
. Utilize automated customer service outlets such as kiosks or automatic teller machines
(ATMs) to provide DMV services at more convenient locations thereby reducing the
burdens on the branch offices. Additionally, A TM services can be provided at branch
offices so that customers can conduct transactions after offices have closed.
Responsibility: DMV
Time Frame: December 1996
. Streamline operations and enhance customer service by piloting a program with two
lending institutions to record liens electronically and not issue paper titles with liens.
Evaluate the pilot project and expand, if successful.
Responsibility: DMV
Time Frame: Aprill, 1996
. Develop a process and implement procedures for automated fleet renewal through
which corporations with large vehicle fleets can electronically transmit data necessary
to title and register their Virginia fleets.
Responsibility: DMV
Time Frame: Pilot project completed April 1, 1995
. Implement a real-time data link with the DEQ and private emissions inspection stations
to ensure that motor vehicle registrations in Northern Virginia, Richmond, and
possibly Hampton Roads are appropriately based on a vehicle passing or failing a
federally required emissions test.
Responsibility: DMV
Time Frame: January 1,1996
. Continue the establishment of electronic transmission of driver conviction data from
the Supreme Court to DMV.
Responsibility: DMV
Time Frame: January 1,1995
Virginia Connections
Page 28
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· Implement PC-based automated driver licensing knowledge testing in 23 branch offices
to enhance testing security and streamline operations.
Responsibility: DMV
Time Frame: January 1,1995
· Provide self-service touch-tone system whereby customers could conduct vehicle
registration and/or customer service center transactions.
Responsibility: DMV
Time Frame: November 1995
GOAL: THE COMMONWEALTH WILL MAKE SAFETY A CORNERSTONE OF ITS TRANSPORTATION
SYSTEM AND EMPLOY EVERY REASONABLE MEANS TO ENSURE THAT RISKS TO TRAVELERS ARE
MINIMIZED, REGARDLESS OF THE MODE BY WHICH THEY TRA VEL
ISSUE: Safety has always been a number one concern of those who provide transportation. The
. travelling public and the shipper community must remain confident in the continued safety of our
transportation systems.
ACTION PLAN:
· Aggressively attack the safety hazards created by high-risk drivers by developing and
implementing programs to identify, monitor and remediate high-risk drivers. Young
drivers, substance abusers, medically impaired drivers, elderly drivers and habitual
traffic offenders will be targeted. Countermeasures will be developed for each group
according to the specific risk-producing behavior involved.
Responsibility: DMV
Time Frame: Initiate efforts January 1995. Early program initiatives in place by January
1996
· Design and implement a Safety Management System (SMS); integrate the information
systems required for good safety management with data systems necessary to support
the other management systems; and achieve interim stages and implementation in
compliance with federal regulations.
Responsibility: VDOT and DMV
Time Frame: Work plan, January 1995; SMS underway October 1995; fully operational
October 1996.
· Support research efforts to reduce accidents in rail corridors. Many accidents occur
at rail crossings when vehicles attempt to cross the tracks in front of an oncoming train.
Research is underway to develop improved barriers and signing as well as train
detection systems.
Responsibility: VDOT and DRPT
Time Frame: 1995
Virginia Connections
Page 29
Virginia Connections
Page 30
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· Pursue additional federal grants for grade crossing elimination and improvements.
Responsibility: VDOT and DRPT
Time Frame: Ongoing
· Review the new federal grade crossing action plan and identify action items for possible
implementation by the Commonwealth.
Responsibility: VDOT and DRPT
Time Frame: 1995
· Upgrade and expand Virginia's air navigational aids to include the global positioning
system (GPS) for enhanced safety and efficiency. GPS will reduce the cost to the
Commonwealth for land-based equipment and maintenance. GPS also will enable
approach procedures to be developed for airports that were not able to utilize land-
based equipment because of cost or facility restrictions. GPS could allow for increased
use of those airports during inclement weather.
Responsibility: DOA V
Time Frame: 1995
· Upgrade and expand Virginia's airport weather dissemination system to take
advantage of satellite-based technology for enhanced safety. This would include
additional weathermation units and automated weather observation systems based at
existing airports. These systems should be satellite linked to disseminate weather
information nationally. This development could enhance safety by notifying pilots of
conditions prior to departure.
Responsibility: DOA V
Time Frame: Ongoing
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THE NEXT STEP
Transportation is vital to our economy and quality of life. It is the mechanism for the safe and
efficient local, regional and international movement of people and goods. It provides access to
economic opportunities and the vast cultural, educational and recreational resources of our
Commonwealth.
. The Commonwealth must have a vIsion that provides for a coordinated, comprehensive
transportation system, effectively integrating all modes (rail, aviation, maritime, highways and
transit) and establishing efficient connections among them. Transportation initiatives must be
system-oriented and non-mode specific and derive from a vision that reflects a balance of benefits
and costs and emphasizes mobility for people and goods from origin through fmal destination.
The overarching goal of the strategic plan is to provide for a superior transportation system that has,
as its first objective, ensuring the mobility of the citizens of the Commonwealth. Although the
Commonwealth's transportation improvement efforts are guided by the vision set forth by Secretary
Martinez, the seven principles are not the only axioms steering Virginia's transportation decisions.
The action items set forth in this report represent a first step in the implementation of a new vision
for transportation in the Commonwealth. Virginia Connections is not a one-time effort, but an
ongoing attempt to refocus Virginia's transportation investments in preparation for the 21 st Century.
Each of the agencies in the Transportation Secretariat -- VDOT, DMV, DRPT and DOA V -- will
undertake an agency-level strategic planning process to supplement the efforts initiated by Virginia
Connections. These agency-level efforts will facilitate the implementation of Governor Allen's
4 C's, the seven principles articulated in this paper, introduce agency-specific initiatives and enable
more effective allocation of all transportation resources.
Virginia Connections
Page 31
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ROBERJ; E. MAR11NEz
SECRETARY OF TRANSPORTATION
SEURLEYJ.YB~. ,
DEPUTY SECRETARY OF TRANSPORTATION.
Transportation Secretariat:' ,
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KENNE11I F. WIEGAND
DJRECfOR. DEPARTMENT OF AVIATION.
RICHARD D. HOLCOMB, .
COMMISSIONER. DEPARTMENT OF. MOTOR VElllCLES
, , LEO]. BEVON , ,.
DiRECTOR, DEPARThffiNf OF RAiL AND PuBucTRANsPORTATION
DAVID'R.GEHR '
,COMMISSIONER. DEPARThffiNT OF TRANSPORTATION
Commerce and Trade Secretariat:
J. RoimRT BRAY .
ExECUTIVE DJRECfOR, VIRGINIA PORT Au'rnoRITY.
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WILLIAMS, MULLEN,.
CHRISTIAN & DOBBINS
)
\
TELEPHONE (804)965-9168
TELECOPIER (804) 965-0955
ATIORNEYS & COUNSELORS AT LAW
A PR.OFESSIONAL COR.PORATlON
OFFICES IN:
RICHMOND
WASHINGTON. D.C.
WRITER'S DIRECT DIAL:
(804) 96.5-9172
SUITE 140
4401 WATERFRONT DRIVE
HEWLETT-PACKARD BUILDING
GLEN ALLEN, VIRGINIA 23060
AFFIUA TE OFFICE;
LONDON
November 6, 1995
BY HAND
\\[\\j
\\~ ;
Mr. Lane B. Ramsey
County Administrator
County of Chesterfield
POBox 40
Chesterfield, VA 23832
Dear Lane:
In my recent discussions with different members of the
Chesterfield Board of Supervisors, I found no opposition to the
proposal to privatize 1-895 with the revenues coming from tolls.
Understandably, there was a fair amount of discussion about how a
similar proposal for Route 288 would affect the proposal by FD/MK
to build 1-895 in Henrico.
We obviously take no position on Route 288 in any respect.
I was asked, however, to summarize some of the differences
between the 1-895 and Route 288 proposals from the perspective of
Chesterfield County. In complying with that request, I summarize
the following differences between the two endeavors suggested to
me during the recent discussions.
(1) 1-895 is totally in Henrico County, except for a
portion of the bridge leaving Chesterfield and crossing the James
River. The toll facilities are in Henrico. It is, in fact, a
Henrico road.
Conversely, Route 288 is primarily a Chesterfield Road.
(2) Route 288 is part of a 1-295/288 circumferential system
around Richmond, with all other portions of that 1-295/288
circumferential system being without tolls.
1-895, however, is a connector separate and distinct roads
(95 and 295) .
(3) A person desiring to use Route 288 really has no other
existing alternative means to make that transportation movement;
there are no other readily available alternative routes.
..... ..-----
November 6, 1995
Page 2
With I-895, there is another alternative course of travel
i.e. the current I-95 and I-64 course.
(4) With I-895, the ~o~~onwealth Transportation Board has
not been able to provide any allocation for right-of-way
acquisition and construction. Once the current preliminary
engineering work is completed, there is absolutely no money
available for right of way acquisition or construction.
With Route 288, the Commonwealth Transportation Board has
provided some allocations for right-of-way and construction, I am
told. The Motorola incentives may also help. (This is not to
imply that such allocation is adequate for completion of that
project) .
I hope this is responsive.
Since(:ty.yours,
~~L
Ralph L. "Bill" Axselle, Jr.
RLAJR:rjs
cc: Members, Chesterfield County Board of Supervisors
Mr. John McCracken, Director of Transportation _
County of Chesterfield (BY HAND)
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TELEPHON~ (804)965.9168
, TEU;COPIER (804) 965-0955
, /..
~ ~ 'WRITER'S DIRECT DIAL:
,.,r ''\,
..~ ~' (S~) 965.9172
VV~L~S,~ULLE~
CHRlSTIAN & DOBBINS
AITORNEYS & COUNSELORS AT LAW
A PROFESSIONAL COR.PORATION
OFFICES IN:
RICHMOND
WASIUNOTON, D.C.
SUITE 140
4401 WATERFRONT DRlVE
IIEWlElT-PACKARD BUILDING
GLEN ALLEN, VIRGINIA 23060
AFFJUATE OFfiCE:
LONDON
SUMMARY
PRIVATIZATION OF I-895
FD/MK, an entity composed of Morrison Knudsen
Corporation and Flucir Daniel, Inc., is making a proposal to
privatize 1-895. These are two of the world's largest engineering
and construction companies which have joined together to file a
proposal under Virginia's Public-Private Transportation Act of
1995. Hopefully, the following background information and
overview will be helpful to you.
PROJECT: 8.8 mile connector between 1-95 at Chippenham Parkway
and Interstate 295 in proximity of Charles City Road;
connects via high-rise bridge approximately 135 feet
over the James River; road has a minimum right-of-way
width of 250 feet and is six lanes (three in each
direction) from Chippenham to Route 5 and then four
lanes (two in each direction) from Route 5 to 1-295;
approximate cost: $250 million.
PLANS: 1-895 is included in:
Henrico County Major Thoroughfare Plan
2005 Regional Thoroughfare Plan
Area Transportation Plan
Transportation Improvement Program for FY, 1994-95
Conforms with State Implementation Plan
Feds have approved connections at 95 & 295.
BACKGROUND:
· VDOT study concludes a connector would be appropriate
between I-95 and I-295, with 1-295 providing a link to
I-64; May, 1981.
· Richmond MPO recommends specific route; October, 1982.
· Commonwealth Transportation Board selected line A to
establish the corridor for 1-895; May, 1983. /
· Environmental Impact Study by federal government in
1983-1984; approved by the Federal Highway Authority on
June 13, 1984.
.\
~
"
"
Unsuccessful efforts to obtain funding for 1-895; 1984-
1992 .
. Commonwealth Transportation Board initiates funding for
preliminary engineering work of I-895; July, 1992.
. VDOT updated Environmental Impact Statement as required
due to the passage of time from previous study;
September 1994; no environmental problems anticipated.
. VDOT will be required to mitigate for wetland
disturbance of 50-80 acres; not anticipated to be a
problem.
. Commonwealth Transportation Board has determined $12
million as necessary for preliminary engineering, with
$7 million having been previously allocated and $2
million allocated for 1995-1996; final allocations of
$2 million in '96-97 and $1 million in '97-98.
. Two design contracts let by VDOT in December, 1994; (a)
I-95 through Laburnum Interchange; (b) remainder of
project; work underway.
. VDOT says it will hold first of two citizen information
meetings in November, 1995.
. VDOT anticipates completion of design plans by July,
1999.
I
. No funding for right-of-way acquisition with'in Six Year
Plan.
. No funding for construction within Six Year Plan.
. No date set for public construction.
. "Toll road or no road."
. Problem: Lack of money and priority.
PUBLIC FUNDING POR CONSTRUCTION:
. No funding available for right-of-way acquisition or
construction within Six Year Plan or foreseeable
future.
, . Project cost: $250 million for right-of-way acquisition
and construction (approximate).
· Available public funding sources? Limited, if any.
See attached letter of August 9, 1995 from Assistant
VDOT Commissioner Jim Atwell.
" In a subsequent November 2 letter to Ralph L. Axselle,
Jr., Mr. Atwell stated: "I agree that in light of the
current levels of funding from conventional allocations
and the other existing transportation demands, it is
difficult to envision obtaining public funding for a
major highway project such as 1-895 in the foreseeable
future... Given other needs in the jurisdictions
comprising the Richmond District, accumulating this
amount of funding for one project would be difficult in
the near future."
· "Toll road or no road."
OUR ESTIMATED SCHEDULE:
· Finalization of contract with VDOT - July, 1996.
. Financing completed - July, 1997.
· Obtaining of permit from Corps to cross river - July,
1997.
. Completion of design - July, 1997.
· Commence construction - July, 1997.
· Complete construction within 2-3 years.
. Open - by July, 2000.
BENEFITS:
· Additional James River crossing.
· Connection between I-95 and 1-295.
· Improved access from I-95 to eastbound I-64 via I-295.
· Linking the Parham-,Chippenham Parkway connector with
the Laburnum Avenue connector via interchange at 1-895
and Laburnum.
· Provides inter-loop/internal connector providing easier
access for local residential and business traffic.
.
Improves access to and, from the Richmond International
Airport for residents and business community, thus
assisting Airport, residents and businesses.
,
· Original EIS forecasted 95,000 vehicles per day on 1-
895 bridge over the James River in 2007; without 1-895
those same vehicles will use other routes, leading to
increased travel time, congestion and costs of local,
regional and interstate traffic.
· Enhanced access for Chesterfield, Richmond and Henrico
citizens and businesses.
· Improved economic development opportunities; thus
increased employment and tax base in eastern Henrico,
Richmond and Chesterfield.
Ralph L. "Bill" Axselle, Jr.
November 6, 1995
c;\~lib\bilLu,,\Ol97674.03
COMMONWEALTH 0/ VIRGINIA
UAVIO R, GEHR
(O'."I'SS,O"(~
OEPARTMfNT Of TnANSPOn TA TlON
1401 EAST BFlOA.O srR[[J
RlCHMOf.,'O, n}19.1919
Jt.lMS W, ATY'fll
ASS'SfAAf (OI"C"\I~~ <: "[III
rllU."'CE
August 9, 1995
Mr. Ralph L. Axsdle, Jr.
Williams, Mullen, Clu'istian & Dobbins
Suite 140
4401 Wu!erfront Drive
Hewlett-Packard Building
Glen Allen, Virginia 23060
Dear Bill:
'1l1is is 10 respond to your leuer dated August 2, 1995 in which you requested additional
infonnation regarding funding for the [-895 project and the donor issue for Riclullond District.
The [-895 project is included in the FY 1995.96 Six year Improvement Program with
allocations for preliminary engineering only, The current projecl cost estimate is $217 million.
To date, $9 million has been allocated to the project with an addilional $3 million planned in FY
98. With the current projection on transportation funds that flow through the construction
allocation fonnula and the other demands for project funding, it will be difficult to accwnulate
sufficient allocations to undec1ake a project of this magnitude any time in the near future.
The Riclunond District Primary System funding amounts to an average 0[$28 million per
year. Given the primary road nceds in the jurisdiclions comprising the Richmond District, this
source of funding cannot be dedicated to one specifie project, such as [.895.
The other sources of funding available to the Commonwealth Transportation Board are
federal National Highway System funds ($72 million annual average) and the statewide portion
of the federal Surface Transportation Program ($27 million annual average). These funding
sowces totalling approximately $99 million annually are to address statewide needs, including
the entire interstate system within the Commonwealth and other major transportation programs
such as transit
As we discussed, due to other competing needs, the funding for 1-895 lends itself to
innovative financing approaches. One of these approaches could include a privatization effort
pursuant to the Public-Private Transportation Act of 1995.
TRANSPORTATION fOR THE 2ISTCENTUR'f .
Mr. Ralph L. Axsello;, Jr.
August 9, 1995
Page 2
Jnl'egards to the donor issue, J do not Imow the origin orlhe $0,61 stated in your lellcr.
However, the Department has identified inforlllationlhal has indiC<lted over the eight year peliod
frol11 FY 88 through FY 95, that for each dollar Richmond District contributed to franspOl1afion
funding, an average of$O,81 in aggregate was allocatcd to the District.
Jfyou have any further questions on this, please call1lle.
Si nccrcly,
~~
James W. Atwell
Assistant Commissioner
Finance
cc: The Honorable Robert E, Martinez
Mr. David R. Gehr
I
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~HESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
PageL of ---L
Meeting Date:
November 21. 1995
Item Number:
8.A.!.
~:
Streetlight Installation Approvals
County Administrator's Comments:
County Administrator:
~
Board Action RequesteD:
This item requests Board approval of Streetlight Installations in the Dale District.
Summary of Information:
Streetlight requests from individual citizens or civic groups are received in the Department of Environmental
Engineering. Staff requests cost quotations from Virginia Power for each request received. When the
quotation is 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;
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.
CONTINUED NEXT PAGE
Preparer: JI>~c C#~
Richard M. ~It1~h,'P.E.
Title: Director. Environmental Engineering
Attachments: II Yes
DNO
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003
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~ESTERFIELD COUNTY.
BOARD OF SUPERVISORS
AGENDA
Page-L of -L
Summary of Information: (Continued)
Cost quotations from Virginia Power are valid for a period of 60 days. The Board, upon presentation of the
cost quotation, may approve, defer, or deny the expenditure of funds for the streetlight installation. If the
expenditure is approved, staff authorizes Virginia Power to install the streetlight. A denial will cancel the
project and staff will so notify the requestor. A deferral will be brought before the Board again when
specified.
DALE DISTRICT:
*
Intersection of Deertrail Drive and Sprucewood Avenue
Cost to install light: $ 402.50
Meets minimum criteria.
*
Additional cost for a previously approved streetlight in the vicinity of
3540 Marquette Road
Additional cost to install light: $ 1,399.25
Does not meets minimum criteria for intersection or vehicles per day.
Dale Streetlight Funds (unaudited)
Balance Forward
Requested
Expenditure
$10,198.92
$ 402.50
$1,339.25
Effective
Remaining Balance
$9,796.42
$8,457.17
1# 004
.
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STREETLIGHT REQUEST
Dale District
REQUEST
RECEIVED: September 28,1995
ESTIMATE
REQUESTED: October 2,1995
ESTIMATE
RECEIVED: October 30, 1995
DA YS ESTIMATE
OUTSTANDING: 28
COST TO INSTALL STREETLIGHT: $ 402.50
NAME OF REQUESTOR: Bob Fitch
ADDRESS: 5215 Sprucewood Avenue
Richmond, VA 23234
PHONE NUMBER: HOME - 275-7054
W REQUEST IS LOCATED AT THE INTERSECTION OF:
Deertrail Drive and Sprucewood Avenue
D REQUEST IS NOT AT AN INTERSECTION. REQUESTED LOCATION IS:
POLICY CRITERIA:
INTERSECTION:
VEHICLES PER DAY:
PETITION:
Qualified
Qualified
Qualified
REQUESTOR OR STAFF COMMENTS:
. Requestor reports that the residents in this area are experiencing the following difficulties:
- vandalism to mailboxes and personal property,
- theft of personal items from property,
- loitering,
- loud music from automobiles,
- increased traffic for the past 10 years, and
- dumping of bottles, trash and other debris on lawns
Attachments: Map
005
Sieet Light Request iW"
November 21, 1995
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Street Light Legend
~ existing light
~ requested light
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This map shows citizen requested
streetlight installations in relation
w existing streetlights.
Existing streetlight injbnnation was
obtained from the Chesterfield County
Environmental Engineering Depanme
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SCALE': 7510
, .. _ (130.811 ,",
.
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STREETLIGHT REQUEST
(ADDITIONAL FUNDING)
Dale District
REQUEST
RECEIVED: April 12, 1995
NEW ESTIMATE
REQUESTED: October 31, 1995
NEW ESTIMATE
. RECEIVED: November 13, 1995
DAYS NEW ESTIMATE
OUTSTANDING: 13
ADDITIONAL COST TO INSTALL STREETLIGHT: $ 1,399.25
NAME OF REQUESTOR: Chuck Nolte
ADDRESS: Meadowbrook Civic Association
3545 Marquette Road
Richmond, VA 23234
PHONE NUMBER: HOME - 275-0800
D REQUEST IS LOCATED AT THE INTERSECTION OF:
W REQUEST IS NOT AT AN INTERSECTION. REQUESTED LOCATION IS:
Marquette Road, vicinity of 3540
POLICY CRITERIA:
INTERSECTION:
VEHICLES PER DAY:
PETITION:
Not Qualified, location not an intersection
Not Qualified, less than 400 VPD
Qualified
REQUESTOR OR STAFF COMMENTS:
Staff Comments:
This streetlight installation request was approved at the August 23, 1995 Board of Supervisors
meeting in the amount of $5,331.99. Virginia Power has been unsuccessful in obtaining the
necessary easements to install the light under the original cost specifications. This project has
been re.costed to bring electrical service to the location from an alternate source, requiring an
additional 135 feet of underground wire. The new total cost of the project is $6,731.24, an
increase of $1,399.25. In order for this project to proceed, it will be necessary for the Board to
appropriate an additional $1,399.25.
Attachments: Map
007
.. '
11rU map is a Coyyr1Shte:.i prt'.ldrtet f1J
lite CMnerJdd Corm., GIS OjJice.
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Sfeet Light Request M(f
November 21, 1995
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Street Light Legend
II] existing light
. requested light
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This map slwws citizen requested
streetlight installations in relation
to existing streetlights.
Existing streetlight injimnation was
obtained from the Chesterfield County
Enviromnental Engineering Department
SCALE 1: 7570
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
November 21, 1995 .AGENDA
Page ~ of-=--
Meeting Date.
Item Number:
8.A.2.
Subject:
Community Development Block Grant - Ettrick area streetscaping
decorative/uniform lighting installations
\
County Administrator's Comments:
County Administrator: (/f;{77J rclfJ3.f:
BoardAction Requested:
This item requests Board approval of a project to install 31. new
lights and to replace 8 existing lights along Chesterfield Avenue
in the Village of Ettrick.
Summary ofInformation:
This project is a continued effort to respond to citizens'
requests for better lighting in the village. Virginia Power will
install l5 traditional lights and 16 flat-lens enclosed lights.
Eight existing lights will be replaced. The cost for the 31
lights is $1,832 and the cost for the replacement lights is
$1,336. Total installation cost is $3,168 which will be paid by
the CDBG Office. The addition of 31 lights to the county's
system will add approximately $4,452 to the county's electrical
service per year.
_~,~oJ4-fd!
LewJ.s C. Wendell
Title:
CDBG Director
Attachments:
DYes
II No
1# 009
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2 of 2
Meeting Date: . November 21, .1995,
Item Number:
BudQet and ManaQement Comments:
It is not anticipated that these street lights will be installed in time to
affect the FY96 operating budget. However, should these installations cause
the FY96 street light center to overspend, sufficient funds will be moved to
cover the FY96 shortfall. The addition of these street lights will be
addressed in the FY97 operating budget.
~(k(~ cJ.~ ~ M(j,,~ €J
J. es J. . ste ler
Title: Director. Budoet and Management
01.0
'!.6
A
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Meeting Date:
November 21, 1995
Item Number:
Subject:
Nomination and Appointment of a Member to the Personnel Appeals Board
County Administrator's Comments:
/Jo-ad- ~~ ~
County Administrator: '7S---<z I-J ~ r ~
BoardAction Re~uested:
Summary ofInformation:
Page ~ of-=-
8.B.
A current member of the County's Personnel Appeals Board, Diane Roberts, has resigned
so that she can serve on the Police Chief Selection Committee. Under the. requirements of the
Charter, any member of the Police Chief Selection Committee cannot be a Board appointee to any
other position. The Board appointment to the Personnel Appeals Board to replace Ms. Roberts
would serve the remainder of her term until December 31, 1996. \.
preparer:~' ~c~
Steven L. Micas
Title:
County Attorney
12082.1
Attachments:
DYes
. No
I #
01.1
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Meeting Date:
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 2-of~
AGENDA
November 21, 1995 Item Number: 8. C.!. a.
.
Subject:
Consideration of Resolution To Petition the State Water Control Board to Initiate a
Proceeding to Create a Ground Water Management Area in Winterpock
County Administrator's Comments:
County Administrator: ~ f-r/cjJ? It
BoardAction Requested:
Adopt the attached resolution.
Summary ofInformation:
Last June, the Board received an impact report from the Communities of Winterpock
which described a risk of.water pollution and rapidly declining ground water levels in the
Winterpock area as a result of the planned resumption of quarrying activities in close proximity
to the many abandoned coal mines in the area.
The Virginia Ground Water Management Act and regulations promulgated by the
Department of Environmental Quality provide that the State Water Control Board may protect
against the kind of pollution and ground water level declines anticipated in Winterpock by
creating a Ground Water Management Area. If a Ground Water Management Area is created,
persons who withdraw more than 300,000 gallons of ground water per month will be required
to obtain a permit that will establish conditions of ground water withdrawal which protect
against pollution and ground water level restrictions. .
In order for the State Water Control Board to begin the process of considering a
Ground Water Management Area in Winterpock, the Board must adopt the attached
resolution.
Preparer:
~.~
Steven L. Micas
Title:
County Attorney
O"S, "00'.' (' '" ""'1'
01.2
I
Attachments: . Yes D No
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RESOLUTION
WHEREAS, in June, 1995, the Communities of Winterpock submitted to the
Board an Impact Report (the "Impact Report") on the sensitive nature of the Cashion
Quarry site and its impact on the surrounding community; and
WHEREAS, the Impact Report describes significant risks of ground water
pollution and declining ground water levels in the Winterpock area if quarrying activity
commences at the Cashion Quarry because of the proximity of the quarry to many
abandoned coal mines; and
WHEREAS, state law and regulations permit the State Water Control Board to
create Ground Water Management Areas for the purpose of requiring ground water
. withdrawal permits for ground water withdrawals in excess of 300,000 gallons per month
to protect the ground water in areas such as Winterpock that are at risk of ground water
pollution and ground water level decline; and
WHEREAS, the State Water Control Board may, upon petition by the County
initiate a proceeding to declare the Winterpock area in the vicinity of the Cashion
Quarry a Ground Water Management Area.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Chesterfield County hereby petitions the State Water Control Board to institute
proceedings to declare the Winterpock area in the vicinity of the Cashion Quarry a
Ground Water Management Area.
0505:11812.1
013
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
I
Page 1 of
1
Meeting Date: November 21, 1995
Item Number:
8.C.l.b.
Subject: Resolution confirming the proceedings of the Chesterfield Industrial Development Authority
to approve issuance of industrial development bonds in an amount not to exceed $7,500,000
by the Industrial Development Authority of the Town of Ashland, Virginia to the YMCA of Greater
Richmond.
County Administrator's Comments:
County Administrator: (~~h#K
Board Action Requested:
Staff recommends that the Board approve the Industrial Development Authority resolution for the issuance of
industrial development revenue bonds for the Greater Richmond YMCA by the Industrial Development
Authority of the Town of Ashland in an amount not to exceed $7,500,000.
Summary of Information:
On November 13th, 1995, the YMCA of Greater Richmond will go before the Industrial Development
Authority of the Town of Ashland, Virginia and ask that Authority to consider issuing bonds in an amount not
to exceed $7,500,000 to finance the construction, expansion, renovation and equipping of several existing and
planned YMCA facilities throughout the metropolitan Richmond area, including a permanent full service YMCA
branch to serve the Town of Ashland, Virginia and the surrounding areas.
YMCA facilities that will benefit from this proposed financing are located, or will be located, in the City of
Richmond, Virginia and in the Counties of Chesterfield and Henrico. Facilities located in Chesterfield include the
Chester Family YMCA, the Manchester YMCA, the Thunderbird Outdoor Center and the Midlothian YMCA.
Because of this, the Chesterfield County Industrial Development Authority held a public hearing on November
15, 1995 regarding this matter. There was no opposition to the proposed financing and the Industrial Development
Authority of Chesterfield approved this financing and recommends approval to the Chesterfield Board of
Supervisors.
Prep.~r. ~ ('2. r~
Gary McLaren
Title:
Attachments: .Yes WNo
Bai1113951/erk
Director, Economic Development
I #
014
.
.
,..
RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY
OF THE COUNTY OF CHESTERFIELD RECOMMENDING
APPROVAL BY THE BOARD OF SUPERVISORS OF THE
COUNTY OF CHESTERFIELD, VIRGINIA OF A PROPOSED
ISSUE OF REVENUE BONDS IN AN AMOUNT NOT TO
EXCEED $7,500,000 FOR THE BENEFIT OF
THE YMCA OF GREATER RICHMOND
WHEREAS, the YMCA of Greater Richmond ("YMCA") has requested
that the Industrial Development Authority of the County of
Chesterfield, Virginia ("Authority"), approve the issuance of up
to $7,500,000 in revenue bonds by the Industrial Development
Authority of the Town of Ashland, Virginia (the "Ashland
Authority") a portion of the proceeds of which will be used to
acquire, expand, construct, renovate and equip certain YMCA
facilities located in the County of Chesterfield, 'Virginia
("County") and .other YMCA facilities in the Town of Ashland,
Virginia, the County of Henrico, Virginia and the City of
Richmond, Virginia ("Project");
WHEREAS, a public hearing has been held by the Authority
regarding the YMCA's request, and the Authority desires to
recommend approval of the Project and the proposed bond issue to
the Board of Supervisors of the County of Chesterfield, Virginia,
with respect to the portion of the Project to be located in the
County.
NOW, THEREFORE, BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT
AUTHORITY OF THE COUNTY OF CHESTERFIELD:
1. The Authori~y concurs in the inducement and
recommendation of approval of the Ashland Authority for the
Project and proposed bond issue and recommends approval and
concurrence thereof by the Board of Supervisors of the County of
Chesterfield, Virginia.
2. This resolution shall take effect immediately upon its
adoption.
Adopted this 15th day of November, 1995.
strial Development
he County of
[SEAL]
01.5
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November 15, 1995
Board of Supervisors
County of Chesterfield, Virginia
Industrial Development Authority
of the County of Chesterfield
Proposed Financing for the YMCA of
Greater Richmond
The YMCA of Greater Richmond ("YMCA") has requested that the
Industrial Development Authority of the County of Chesterfield
("Authority") ,. recommend approval to the Board of Supervisors of
the County of Chesterfield, Virginia of the financing of the
acquisition, expansion, renovation, construction and equipping of
certain YMCA facilities located or to be located in the County of
Chesterfield, ("Project") by the issuance of revenue bonds by the
Industrial Development Authority of the Town of Ashland,
Virginia, in an amount not to exceed $7,500,000 ("Bonds").
Because certain of the YMCA facilities to be financed by the
Ashland Authority's bonds mayor will be located in Chesterfield
County, Virginia, Section 15.1-1378 requires approval of the
Chesterfield County Board of Supervisors.
The Authority has conducted a public hearing on the proposed
financing of the Project and has recommended that you approve the
issuance of the Bonds as required by Section 147(f) of the
Internal Revenue Code of 1986, as amended, and Section 15.1-
1378.1 of the Code of Virginia of 1950, as amended.
Attached hereto is (1) a certificate evidencing the conduct
of the public hearing and the action taken by the Authority,
(2) the Fiscal Impact Statement required pursuant to Virginia
Code Section 15.1-1378.2, and (3) the form of resolution
suggested by counsel to evidence your approval.
016
4.
5 .
6.
7.
8.
.
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FISCAL IMPACT STATEMENT
FOR PROPOSED BOND FINANCING
Date: November 15, 1995
To the Board of Supervisors
of Chesterfield County, .Virginia
Applicant:
YMCA of Greater Richmond
1.
Maximum amount of financing sought
$7,500,000*
2.
Estimated.taxable value of the facility's
real property to be constructed in the
municipality
N/A**
$
3 .
Estimated real property tax per year
using present tax rates
$
N/A**
Estimated personal property tax per
year using present tax rates
$
N/A**
Estimated merchants' capital tax per
year using present tax rates
$
N/A**
Estimated dollar value per year of
goods and services that will be
purchased locally
$2,036,600**
Estimated number of regular employees
on year round basis
26**
Average annual salary per employee
$
20,000**
Chairman,
Authority 0
Chesterfield
strial~elopment
the County of
*Approximately $2,OSO,000 to be applied in Chesterfield County.
**Information relates only to facilities in Chesterfield County.
017
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CERTIFICATE
The undersigned Secretary of the Industrial Development
Authority of the County of Chesterfield ("Authority") certifies
as follows:
1. A meeting of the Authority was duly called and held on
November 15, 1995, at 3:30 o'clock p.m. in the Board Room of the
County Office of Economic Development, 9401 Courthouse Road, in
Chesterfield County, pursuant to proper notice given to each
Director of the Authority before such meeting. The meeting was
open to the public. The time of the meeting and the place at
which the meeting was held provided a reasonable opportunity for
persons of differing views to appear and be heard.
2. The Chairman announced the commencement of a public
hearing upon the request of the YMCA of Greater Richmond and that
a notice of the hearing was published once a week for two
successive weeks in a newspaper having general circulation in the
County of Chesterfield, Virginia ("Notice"), with the second
publication appearing not less than six days nor more than
twenty-one days prior to the hearing date. A copy of the Notice
has been filed with the minutes of the Authority and is attached
as Exhibit A.
3. A summary of the statements made at the public hearing
is .attached as Exhibit B.
4. Attached as Exhibit C is a true, correct and complete
copy of a resolution ("Resolution") adopted at such meeting of
the Authority by a majority of the Directors present at such
01.8
.
.
meeting. The Resolution constitutes all formal action taken by
the Authority at such meeting relating to matters referred to in
the Resolution. The Resolution has not been repealed, revoked,
rescinded or amended and is in full force and effect on this
date.
, WITNESS my hand and the seal of the Authority, this 15th day
of November 1995.
trial Development
e County of Chesterfield
(SEAL)
,
.
Exhibits:
A - Copy of Certified Notice
B - Summary of Statements
C - Inducement Resolution
-2-
019
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2-of~
Meeting Date: November 21,1995
Item Number:
8 .C. 2.
Subject:
Donation to YMCA in the Midlothian District
County Administrator's Comments: . . ~
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County Administrator: f/ C:7"\
BoardAction Requested:
Appropriate revenue of $45,091 for donation to the YMCA
Summary ofInformation:
The YMCA of Greater Richmond has asked the Board to consider waiving the fees
associated with the development of an indoor/outdoor recreational facility in the Midlothian
District. The County Attorney has ruled that the Board cannot waive the fees; however, a
donation could be made to the YMCA. The total amount of the fees involved is as follows:
.'
Water meter (2 inch)
Sewer connection fee
Zoning fee
Building permit fee (based on 2.2 million)
$20,986
11,720
1,195
11.1 90
Total Request
$45,091
)
The Board in 1986 made a similar donation for the YMCA development in the Bermuda
District.
Preparer:
'Mt~ ~ 1~~eJty Coumy AdllllnisualuI
o V" . No "
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Attachments:
5
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2 of2
e
Meeting Date:
November '21, 1995
Item Number:
Budaet and Manaaement Comments:
The item requests a donation to the YMCA of $45,09l. This amount is
equivalent to fees collected from the YMCA by the County for the provision
of'utility connections and other services.
A similar donation was made in February, 1995, to the sum of $19,301.
This amount was related to a phase of construction which has been
completed. The current request is for a second phase of construction,
which includes separate buildings within the same project.
If the Board approves this request, the total amount donated to the YMCA
for the Midlothian YMCA facility would be $64,392 spread over two fiscal
years.
~tOYXi,o J;:j. <;-QJ.fY)(}(R;/~ Title: Director. Budqet and Manaqement
{tmes J. . steqm 'er
021
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 1-of..L
AGENDA
November 21, 1995 Item Number:
Meeting Date:
Subject:
State Road Acceptance
County Administrator's Comments:
EeL-OM1~ ~~
County Administrator: ~ N
.BoardAction Requested:
Summary ofInformation:
BERMUDA:
Arbor Landing, Section 5
DALE:
Cabin Creek West
Preparer:
1#
Title: Director,
. McElfish, P.E.
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Attachments:
. Yes
D No
022
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TO:
'FROM:
DATE:
MEETING DATE:
.
.
Board of Supervisors
Environmental Engineering
State Road Acceptance - Arbor Landing, Section 5
November 21, 1995
Rose Arbor Court
Cedar Landing Terrace
Brentwood Arbor Court
Heather Landing Place
ARBOR LANDING
SECTION 5
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Vicinity Map
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FROM:
SUBJECT:
MEETING DAT~E:
.
.
Board of Supervisors
Environmental Engineering
State Road Acceptance - Cabin Creek West
November 21, 1995
Boones Trail Road
Boones Trail Terrace
Boones Trail Place
Boones Bluff Way
Boones Bluff Mews
CABIN CREEK WEST
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Meeting Date:
CHESTERFIELD. COUNTY
BOARD OF SUPERVISORS Page ...Lof2-
AGENDA
November 21, 1995 Item Number: 8 . C. 4 .
Subject:
Request for Bingo/Raffle Permits
County Administrator's Comments:
R e.c.o V!.lW1 iA/'J ~-v-aL
CountyAdministrator: ~ N~~ ~
BoardAction Requested:
Approval of Bingo/Raffle Permits
SummaryofInformation:
The County Attorney's Office has reviewed the following applications for bingo/raffle permits
and has determined that the applications meet all statutory requirements:
On!3nization
/
~obert E. Lee Post 2239
Veterans of Foreign Wars
~
Year
Bingo/Raffle
Saturdays 5:30 p.m.
14703 Jeff. Davis Hwy.
1996
/Chesterfield Lodge No. 1980
Loyal Order of Moose, Inc.
Bingo/Raffle
Sundays 5:30-11:30 p.m.
Tuesdays 9:30 a.m.-3:00 p.m.
9500 Jeff. Davis Hwy.
1996
Preparer:
~, ~ Q.--:J Title: County Attorney
Steven L. Micas 1205:389.54
Attachments:
DYes
. No
1#
025
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page -2. oE-
Summary of Information: (Continued)
Or~anization
/St. Edward-Epiphany School
Home & School Association
\
/Mid-Cities Civics Assoc., Inc.
Va. State University Athletic
Booster Club, Inc.
1205:389.54
~ Year
Bingo 1996
Tuesdays, occasional Wed. or
Friday nights
Raffle - March & Nov.
10701 W. Huguenot Road .
Bingo/Raffle 1996
Mondays 6:00 p.m.
9010 Quinnford Blvd.
Raffle 1996
March 2 10:00 p.m.
20911 Third Ave., Ettrick
1#
026
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CHESTERFIELD COUNTY
Application for a Permit to Conduct
BinlW Games or Raffles
In snpport of this application, the applicant olTers the following information under oath:
1. Official name of organization: Virginia State University Athletic Booster Club, Inc.
2. Address of organization's headquarters (please include street address, city and zip code): 20911 Third Avenue
Ettrick, VA 23803
3. Address where all records of receipts and disbursements are permaneutly filed: 20911 Third Avenue
Ettrick, VA 23803
4.
Names and address of owner of the property described in 3 above:
Athletic Booster Club, Inc.
Vir}:iniR StAtP. lfnivf'r~ity
5. Address(es) where bingo games will be held or raffle drawings conducted (please include street address, city and
zip code: 20911 Third Ave., Ettrick, VA 23803
NOTE: THIS PERMIT IS VALID ONLY AT THE LOCATION DESCRIBED IN 5 ABOVE.
6. Dates or days of week and time when bingo games or raffles will be held at the above addressees):
March 2, 1996: 10:00 P.M.
7.
Date when organization was founded:
1970
8. Has your organization been in existence and met regularly in Chesterfield County or an adjacent county, city or
town for five (5) years immediately prior to making this application? Yes~. No_.
9.
Is your organization currently and has
organization? Yes ~ No
your organization always been operated in the past as a non-profit
If not, explain
10. Tax exempt status under the Internal Revenue Code (if applicable):
11. State the specific type and purpose of your organization: Non-profit to support the Athletic
DppRrtmpnt ::It VSlT -throllgh morAl Ann fin::lnr;rll c:mpport
12.
Type of permit applied for: Bingo Games
Raffles
x
Both
13. Application is for a new X or renewal permit. If renewing a permit, were financial reports filed
on time and in compliance with all applicable legal requirements? Yes _' No_.
14. List below gross receipts, if any, from all sources related to the operation of bingo games or instant bingo by
calendar quarter for the 12-month period immediately prior to the date of this application: N / A
1st qtr: $
2nd qtr: $
3rd qtr: $
4th qtr: $
15. Officers of Organization:
Name
~
Bus. Phone
Home Phone
President: 'Jon? McKee
Vice President: Rti~.y ~ni.ngliain
Secretary: Dewey Cashwell
Treasurer: Richard F. Booker
1729 Forest Glen Rd.
Ri~hmo~d VA 2322~
20 1:< hctfieTcl I"' ace
FMc\r Vf nROl
04 1 il iams St.
E~~6iC~, VA 2~803
4 elena lrCl.e
Petersburg, VA 23803
780-8103 262-0478
526-6061
526-1156
524-5871 520-1265
16. Mcmber authorized within the organization to be responsible for conduct and operation of bingo games or raffles;
Name: Rudv Cunningham Address: 20312 Sheffield Place, Ettrick, VA 23803
Home Telephone: 'i ?fl-flOfl 1 Business Telephone:
17. Member authorized within the organization to be responsible for filing the fmancial report if the organization
ceases to exist: Richard F. Booker
18. Do you, and each officer, director and member of the organization fully understand the following:
A. It is a violation of law to enter into a contract with any person, firm, association, organization (other than
another qualified organization pursuant to ~18.2-340.13 of the Code of Vircinia), partnership or corporation
of any classification whatsoever, for the purpose of organizing, managing or conducting bingo games or
raffles? Yes X No
- over -
J.
B.
The organization m&aintain and file with the County's Int. Audit Department. complete records
of receipts and disbursements pertaining to bingo games and raffles as required by State and County Law,
and that such records are subject to audit by the County's Internal Audit Department?
Yes X No
c.
The organization must remit an audit fee of 2% of gross receipts with the Annual Financial Report not
later than December 1 unless gross receipts are less than $2,000? Yes~. No_.
D.
The organization must furnish a complete list of its membership to the County's Internal Audit Department
and a complete membership list with this aoolication.
Yes ---1L-. No
E.
The organization shall be required to contribute an annual minimum of 5% of the gross receipts from all
bingo games or raffles for those lawful religious, charitable, community of educational purposes for which
the organization is specifically chartered or organized, and no .less than 8% of gross receipts averaged for
three consecutive annual reporting periods. Yes ----1L. No_.
F.
No person shall participate in the management, operation or conduct of any bingo game or raffle if,
within the preceding five years, he has been convicted of a felony or crime of moral turpitude.
Yes ---1L- No
G.
No person shall participate in the management, operation or conduct of any bingo game or raffle if that
person, within the past five years, has participated in the management, operation, or conduct of any bingo
game or raffle which was found by a local jurisdiction to have been operated in violation of state law or
local ordinance. Yes X. No .
H.
Any organization found in violation of the provisions of Article 1.1 of Chapter 8 of Title 18.2 of the Code
of Viminia, is subject to having such permit revoked by the local governing body?
Yes X . No
I.
Any person violating the provisions of Article 1.1 of Chapter 8 of Title 8.2 of the Code of Virginia. shall
be guilty of a Class 1 misdemeanor and any person violating the provisions of ~ 18.2-340.9 shall be guilty
of a Class 6 felony? Yes -L-. No_.
The organization must provide written notification to the County's Internal Audit Department
change in elected officers or bingo chairperson during the calendar year covered by this permit.
Yes X. No
of any
K. The organization must comply with the provisions of the current Chesterfield County Bingo-Raffle
Administrative Manual. Yes No
19. Have you and each officer of your organization read the attached permit and do you and each officer agree on
behalf of the organization to comply with each of the conditions therein? Yes~. No_.
20. I hereby swear or affirm under the penalties of perjury as set forth in H8.2-434 of the Code of Virl!inia, that all
of the above questions have been completely answered and that all the statements herein are true to the best of
my knowledge, information and belief?
WITNESS the !OllOwinglfJtures anealS: .
Siguature of APPlicant~l ~!t-
Name: Rudy Cunningham
Title: Vice President
Address: 20312 Sheffield Place, Ettrick , VA 23803
Business Phone: Home Phone: 526-6061
STATE OF VIRGINIA
CITY/COUNTY OF -Pdersh~ TO-WIT:
Subscribed and sworn to before me, --r<..1./ly.J1 ~UftP ~Q In
a"/co~, M' ,~, "ore",id,'m. &;;;;:,,~~
U otar Public
My Commission Expires: ,Lu j'-,f. /3D: rqq 7 .
, a Notary Public in and for the
199 -'L'
RESOLUTION
BE IT RESOLVED THIS 23rd day of September
, 199 ~ (date resolution passed), that
Rudy Cunningham
is hereby authorized to apply to the Chesterfield County Board of Supervisors
for a bingo/raffle permit on behalf of this organization for the
Revised 10/1/93
lZJ calendar year.
~utho:iz~~Or)
-
'r-':-"
.
.
By Laws of The Virginia State
University Athletic Boosters
Cl ub,Inc.
Preamble
The By-Laws of the Virginia State University Athletic Boosters Club
herein outlined are compatible with the provisions contained in the Articles
of Incorporation of the Virginia State Vniversity Athletic Boosters Club,
Inc.
In no way can the provisions outl ined herein be construed ' to abrogate,
infringe upon, or be in conflict with the Articles of Incorporation.
Article I - Objective(s)
This organization is formed for the mutual benefit and encouragement
of Virginia State University students, graduates, and others committed to the
well being of the institution, and as a collective expression of our gratitude
to Virginia State University, we form ourselves into this organization so
that our work and dedication might insure that Athletics at Virginia State
University remain a viable and competitive entity of our Institution.
Article II -'Seal and Colors
The official seal of this organization shall be as follows:
A metal seal which shall make an imprint upon paper of an oval with
the impression being the official VSU "Trojan Head" encircled by the name of
this organization and its date of incorporation, March 4, 1975.
"
.
.
The official colors of this organization shall be: Blue and Orange.
Article II - Membership
Section 1:
Membership shall be open to Virginia State University alumni, friends, and persons
who are interested in the continued growth of the V.S.U. Athletic Program.
Section 2:
The types of membership for this organization shall be: Regular, Associate,
Dependent, and Commercial, Professional and Business.
Section 3:
The amount of annual dues for each type of membership and the benefits derived
there from shall be recommended by the Board of Directors and approved by
majority vote of active members at the regular meeting of the organization. Dues
are payable on or before August 1 of each year.
Any member who fails to pay membership dues shall be dropped from, active member-
ship in this organization until such dues are paid.
Article IV - Officers and Nominations
Section 1
The officers of this organization shall be president, vice president, recording
secretary, corresponding secretary, treasurer, parlimentarian, chaplin and
sergeant-at-arms.
Section 2
The officers shall be elected by the active membership at the April meeting of
the organization for terms of one (1) year, beginning on July 1. Each officer
may be eligible for re-election upon expiration of his/her term of office.
Section 3
In the event the office of recording secretary, corresponding secretary or
treasurer becomes vacant, the president may appoint a person to fill such office
.
.
Section 2
The Finance Committee of this organization shall prepare a proDosed budget
and present it for consideration tD the Board of Directors, who presents it to
the memhership at its April meeting.
Article X - Parliamentary Authority
Section 1
The order of business and rules governing all meetings shall be according
to Robert's Rules of Order (revised), latest edition.
Section 2
The order of business at all membership meetings shall, unless otherwise
approved by ~ majority members present, be as follows:
1. Ca 11 to Order
2. Determine Quorum
3. Reading and disposal of minutes
4. Reports of committees
5. Report cifTrf'~slJrf'r
6. Unfinished business
7. New business
8. Adjournment
Article XI - Amendments
Section 1
These by-laws may be amended, 'revised or repealed by an affirmative vote
of two-thirds of the active members present at any meeting of the membership
where a quorum has been verified.
.
.
Section 3
A simple majority of the board will constitute a quorum.
Article VII - Meetings
Section 1
The regular montly meeting of this organization shall be 2nd Saturday of
each month or as designated by the president.
Section 2
Members shall receive not less than ten (10) days notice of regular meetings
or any special meeting as called by the president.
Section 3
A quorum is defined as nine regular active members of the organization.
Section 4
Proxy voting will be allowed fo~ major issues under consideration by the
organization. The proxy votes must be submitted in writing to the corrsponding
secretary or transmitted by a member and delivered to the corresponding secretary.
Article VIII - Committees
Section 1
Committees shall be organized and function in accordance with the wishes of
the organization membership or as the Board of Directors shall deem necessary.
Article IX - Audits, Budget and Fiscal Year
Section 1
The president shall name an audit committee which shall audit the financial
records of the treasurer within 3D days of the close of each business year, which
shall be the fiscal year July 1 through June 30.
.
.
until the next meeting of the membership.
Section 4
The nominating committee shall be appointed by the president and shall be
composed of no less than three (3) and no more than seven (7) active regular
members of the organization.
Article V - Duties of Officers
Section 1
The president shall preside at all meetings of the organization and Board
of Directors, and shall be responsible for all the administrative functions of
the organization during tenure of office.
The president shall have the power to call meetings of the Board of Directors and
such other committees as may be'in existence.
Section 2
The vice-president shall serve as ex-officio chairman of all committees, except
the nominating committee.
The vice-president shall perform the duties of the p resident in his absence and
shall assume other duties designated by the president or Board of Directors.
Section 3
The recording secretary shall maintain records of the proceedings of all meetings
and send copies of the minutes to members of the Board of Directors.
Section 4
The corresponding secretary shall conduct the correspondence of this organization
and notify the membership of meetings and speical projects, events or activities
as prescribed by the Board of Directors.
.
.
Section 5
The treasurer shall serve as chairman of the membership committee, be responsible
for the collection of membership dues, and the maintenance of the rost~r of
membership in accordance with the provisions of Article III.
The treasurer shall maintain the financial records of this organization and shall
make prompt payment .of bills for expenditures of this organization when authorized
by the president or the Boa~dof Directors.
Section 6
The parliamentarian shall insure that all meetings of the organization are
conducted according to Robert's Rules of Order.
Section 7
The chaplin shall conduct devotional services for all business meetings and on
other occassions requiring such services.
Section B
The Sergeant-At-Arms shall insure that all business meetings are conducted
orderly and insure that only members, spouses, children or invited guest are
permitted at meetings, booster house, trailer and other related activities
of the V.S.U. BODster's Club requiring members only.
Article VI - Board of Directors
Section 1
The Board of Directors shall be composed of persons who are elected to the
office' of president, vice president, recording secretary, corresponding secretary
and five regular members of the organization elected in April by majority vote.
Section 2
The Board of Directors shall have the power to provide general supervision
Over all affairs of the organization, naming of the depository of funds and the
power to remove, for cause, any elected official by 2/3 vote of the board.
.
.
1994-96 BOARD MEMBERS
BENNETT, MR. WILLIAM ..-
20402 LOYAL AVENUE
ETTRICK, VA 23803
BONNER, MR. HARRISON
610 RIVERS BEND CIRCLE
CHESTER, VA 23831
BOOKER, MR. RICHARD F.
BOX 9081, VSU
PETERSBURG, VA 23806
TREASURER
CASHWELL, MR. DEWEY
20401 WILLIAMS STREET
-'(
ETTRICK, VA 23803
CORR. SECRETARY
CUNNIGHAM, MR. ROOSEVELT
20312 SHEFFIELD PLACE
ETTRICK, VA 23803
VICE PRESIDENT
I
?
CUSTIS, MR. FREDERICK J.
21304 SPARTA DRIVE
PETERSBURG, VA 23803
RECORDING SECRETARY
EMANUEL, MR. LAWRENCE
/ 13515 COLLINGWOOD DRIVE
SILVER SPRINGS, MD 20904
HAYES, MR. BURTON
20218 SHEFFIELD PLACE
ETTRICK, VA 23803
HUBBARD, MR. ROBERT
;\ 3404 24TH STREET
" WASHINGTON, D.C. 20020
JONES, DR. WILLIAM
2800 NORTH AVENUE
RICHMOND, VIRGINIA 23222
MCKEE, MR. JONA
1729 FOREST GLEN ROAD
.j
RICHMOND, VA 23228
PRESIDENT
ROBINSON, MR. WILLIE
8435 GLAZEBROOK AVENUE
RICHMOND, VA 23228
SESSOMS, MR. CLARENCE
> 946 MARITA AVENUE
,
NORFOLK, VA 23513
TAYLOR, DR. P.L.
., 1801 RAMBLEWOOD ROAD
'.PETERSBURG, VA 23803
WILLIAMS, MR. LEROY
- / 3204 JOWIN LANE
..-<
RICHMOND, VA 23223
.
.
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CHESTERFIELD COUNTY
Application for a Permit to Conduct
Bin\!? Games or Raffies
In support oI this application, the applicant otTers the Iollowing inIormation under oath:
1 Offi . I I . t' Mid-Cities Civics Association, Inc.
. tela name 0 orgamza Ion:
2. Address of organization's headquarters (please include street address, city and zip code):
9010 Quinnford Blvd. Richmond, Va. 23237
3. Address where all records of receipts and disbursements are permanently filed:
9010 Quinnford Blvd. Richmond, Va. 23237
4. Names and address of owner of the property described in 3 above: Mid-cities Civics
Association Inc. 9010 Quinnford Blvd. Richmond, Va. 23237
5. Address(es) where bingo games will be held or raffle drawings conducted (please include street address, city and
zip code: 9010 Quinnford Blvd. Richmond, Va. 23237
NOTE: THIS PERMIT IS VALID ONLY AT THE LOCATION DESCRIBED IN 5 ABOVE.
6. Dates or days of week and time when bingo games or raffles will be hcld at the above addressees):
Monday nights at 6:00 P.m.
7.
Date when organization was founded:
1950
8. Has your organization been in cxistence and met regularly in Chesterfield County or an adjacent county, city or
town for five (5) years immediately prior to making this application? Yes~. No_.
9. Is your organization currently and has your organization always becn operated in the past as a non-profit
organization? Yes X No If not, explain
10.
Tax exempt status under the Internal Revenue Code (if applicable):
54-1256682
11.
State the specific type and purpose of your organization:
promotion of all civic betterments
areas.
The encouragement and
~n the community and adjacent
12.
Type of permit applied for: Bingo Games _
Raffles
Both ---X-
13.
Application is for a new
on time and in compliance with
or renewal X permit. If renewing a permit, were financial reports filed
all applicable legal requirements? Yes~. No_.
14. List below gross receipts, if anv, from all sources related to the operation of bingo games or instant bingo by
calendar quarter for the 12-month period immediately prior to the date of this application:
1st qtr: ,\1,524.25 2nd qtr:3~, 472, . 003rd qtr: ~3, 930. 004th qtr: ~4, 917.81
15. Officers of Organization:
Name
~
Bus. Phone
Home Phone
Albert Schneider 3506 Portsmouth st.
Wells Ro~ewell. V1.23860
Vice President: Frank 4 I b Arunae Ave.
Pamela FenneL' Rltl:ill1.Qnd:;Va - _23237
Sweta'),.. "8715.Chester. Rd.
,", .J:.... Richmond. Va.23237
-. .Trea<urer'-- :'< Charlotte Landers 8/1 ~ Chester Rd.
,.:Y.~~~; :'~)~:~~::i;~'~ Richmnnn. Vn 7.17.17
iJ i~' Mc"inberj.Jth~~ized within ~he organization to be responsible for conduct and operation of bingo games or raffles;
~, ~:';'., Name:!-.l,ber.t Schne~der Address: 3506 Portsmouth St. Hopewell VA. 23860
-'~>',<: Hom&'TeIephone: 458-8432 Business Telephone:
. ~. . ':...."
President:
458-8432
275-1256
275,8693
2-75-2_913
17. Member authorized within the organization to be responsible for filing the financial report if the organization
ceases to exist: Charlotte Landers and Dorothy Schneider
18. Do you, and each officcr, director and member of the organization fully understand the following:
A. It is a violation of law to enter into a contract with any person, firm, association, organization (other than
anothcr qualified organization pursuant to ~18.2-340.13 of the Code of Virginia), partnership or corporation
of any classification whatsoever, for the purpose of organizing, managing or conducting bingo games or
raffles? Yes X No
- over -
H.
1.
B.
The organization m]li. maintain and fIle with the County's Inte_ Audit Department complete records
of receipts and disb.,ents pertaining to bingo games and r~s required by State and County Law,
and that such records are subject to audit by the County's Internal Audit Department?
Yes X No
- -
c.
The organization must remit an audit fee of 2% of gross receipts with the Annual Financial Report not
later than December 1 unless gross receipts are less than $2,000? Yes~. No_.
The organi~tion.must furnish a complete list' of its niember~hip to the County's Internal Audit Department
and a complete membership list with this applicatipn.
Yes X . No
D.
E.
The organization shall be required to contribute an annual minimum of 5% of the gross receipts from all
bingo games or raftJes for those lawful religious, charitable, community of educational purposes for which
the organization is specifically chartered or organized, and no less than 8% of gross receipts averaged for
three consecutive annual reporting periods. Yes~. No_.
F.
No person shall participate in the management, operation or conduct of any bingo game or raftJe if,
within the preceding five yea~s,. he has been convicted of a felony or crime of moral turpitude.
Yes X No
G.
No person shall participate in the management, operation or conduct of any bingo game or raffle if that
person, within the past five years, has participated in the management, operation, or conduct of any bingo
game or raffle which was found by a local jurisdiction to have been operated in violation of state law or
local ordinance. Yes X . No
Any organization found in violation of the provisions of Article 1.1 of Chapter 8 of Title 18.2 of the Code
of Virginia, is subject to having such permit revoked by the local governing body?
Yes~. No_.
Any person violating the provisions' of Article i.1 of Chapier 8 of Title 8.2 of the Code of Virginia, shall
be guilty of a Class 1 misdemeanor and any person violating the provisions of ~ 18.2-340.9 shall be guilty
of a Class 6 felony? Yes~. No .
J. The organization must provide written notification to the County's Internal Audit Department of any
change in elected officers or bingo chairperson during the calendar year covered by this permit.
Yes X . No
K. The organization must comply with the provisions of the current Chesterfield County Bingo-RaftJe
Administrative Manual. Yes X No
19. Have you and each officer of your organization read the attached permit and do you and each officer agree on
behalf of the organization to comply with each of the conditions therein? Yes --1L-. No_
20. I hereby swear or affIrm under the penalties of perjury as set forth in ~18.2-434 of the Code of Virginia, that all
of the above questions have been completely answered and that all the statements herein are true to the best of
my knowledge, information and belief?
WITNESS the following sif51latures and seals:
Signature of Applicant: Albert Schneider
Name:
Title: President
Address: 3506 Portsmouth st
Business Phone:
STATE OF VIRGINIA .
CITY/COUNTY OF &e'6/~lie// TO-WIT:
Subscribed and sworn to before me, ~&f~ ,~b/l~
City/County and Slate aforesaid, this ..;{ mcl aay. ~ .J ,
'~~I:~4C~
My Commission Expires: \\1 Caron\\SSI." ,'" .
,,,, 161718;;~
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""" ~~.<o:.....,." :1 / /l -'../
:2 '-@E\1J~SOIlYED THIS tYP<.Jd. day of r:..'C"/t:Jf)eA
~ .'it~c&~~ ~
CO /J , "'.~" ~ .
~. , /.
<S> '
$0 OJ
o"r<!'a bingo/raftJe ~e it on behalf of this organization for the
c-[ _ tf:O<;;&1.
Revised 10/1/93
Albert Schneider
Hopewell, Va.23860
Home Phone: 4 SR-R417
/' a Notary Public in and for the
199..::[:'. .,',
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-":'".
RESOLUTION
, '.
, 199 ~ (date resolution passed), that
is hereby authorized to apply to the Chesterfield County Board of Supervisors
199 L calendar year.
t2!v4~
.
.
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dl a/Jnty Atlll a OJ
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CHESTERFIELD COUN1Y
Application for a Permit to Conduct
Bin!!O Games or Rames
In support of tbls application, tbe applicant offers tbe following Information under oatb:
1. Official name of organization: S to .. Ed wa r d - E p i pha n y Schoo 1 Home & Schoo I Ass oci a t ipn
2. Address of organization's headquarters (please include street address, city and zip code):
10701 W. Hugueonot Rood, Richmond, VA 23235
3.
Address where all records of receipts and disbursements are permanently filed:
Same
4.
Names and address of owner of the property described in 3 above:
Diocese of Richmond, VA
Bishop Walter Sullivan,
5.
Address(es) where bingo games will be held or raffle drawings conducted (please include street address, city and
zip code: 10701 W. Huguenot Road, Richmond, Vlf 23235 .
NOTE: THIS PERMIT IS VALID ONLY AT THE LOCATION DESCRIBED IN 5 ABOVE.
6. Dates or days of week and time when bingo games or raffles will be held at the above addressees):
Bingo - Every Tuesday, occasional Wed or Friday, Raffle - March & November 1996
7.
Date when organization was founded:
September 1961
8. Has your organization been in existence and met regularly in Chesterfield County or an adjacent county, city or
town for two (2) years immediately prior to making this application? Yes~. No_.
9. Is your organization currently and has your organization always been operated in the past as a non-profit
organization? Yes ~ No _ If not, explaiIi
10.
Tax exempt status under the Internal Revenue Code (if applicable):
0928
11.
State the specific type and purpose of your organization:
Education
u.
Type of permit applied for: Bingo Games _
Raffles
Both X
13. Application is for a new or renewal X permit. If renewing a permit, were fmancial reports med
on time and in compliance with all applicable legal requirements? Yes -L. No_.
14. List below gross receipts, if any. from all sources related to the operation of bingo games or instant bingo by
calendar quarter for the 12-month period immediately prior to the date of this application:
1st qtr: s.f..lJ&.J7X2nd qtr: $57, f;89.Q; 3rd qtr: $# 9/~?:) 4th qtr: s5.i -nJ. '0
15. Officers of Organization:
President:
Name ~ Bus. Phone Home Phone
Beth Hatchel 14040 Branched Antler Dr. 739-5095
Adela Guerrera MIdlothian. VA 23112
4Ul Walton Park Dr. 649-4481 379-9241
lvho.lotnlan, bva L.JIIL
Vice President:
Secretary:
Trt:A.:iOli'';;r.
Carol B. George
Aitfi ~nowl~woo~ ~3'
m nd, ". 3 :5
272-2881 323-5744
16. Member authorized within the organization to be responsible for conduct and operation of bingo games or raffles;
Name: Adela Guerrera Address: Same As Above
Home Telephone: Business Telephone:
17. Member authorized within the organization to be responsihle for ftIing the fmancial report if the organization
ceases to exist: Carol George
18. Do you, and each officer, director and member of the organization fully understand the following:
A. It is a violation of law to enter into a contract with any person, fum, association, organization (other than
another qualified organization pursuant to U8.2-340.13 of the Code of Virginia), partnership or corporation
of any classification whatsoever, for the purpose of organizing, managing or conducting bingo games or
raffles? Yes X No
-
- over -
B.
The organization m""aintain and me with the County's Int" Audit Department comrlete records
oC receipts and disb~ents pertaining to bingo games and raftPas required by State and County Law,
and that such records are subject to audit by the County's Internal Audit Department?
Yes ----!.... No_
C.
The organization must remit an audit Cee oC 2% oC gross receipts with the Annual Financial Report not
later than December 1 unless gross receipts are less than $2,OOO? Yes~. No_.
D.
The organization must furnish a complete list of its membership upon the request of the County's Internal
Audit Department or other designated representative of the Board of Supervisors?
Yes X. No
E.
The organization shall be required to contribute an annual minimum of 5% of the gross receipts from all
bingo games or raffles for those lawful religious, charitable, community of educational purposes for which
the organization is specifically chartered or organized, and no less than 8% of gross receipts averaged for
three consecutive annual reporting periods. Yes~. No_.
F.
No person shall participate in the management, operation or conduct of any bingo game or raffle if,
within the preceding five years, he has been convicted of a felony or crime of moral turpitude.
Yes X . No
G.
No person shall participate in the management, operation or conduct of any bingo game or raffle if that
person, within the past five years, has participated in the management, operation, or conduct of any bingo
game or raffle which was--found by a local jurisdiction to have been operated in violation of state law or
local ordinance. Yes X . No
H.
Any organization found in violation of the provisions oC Article 1.1 of Chapter 8 of Title 18.2 of the Code
of Vir~nia. is subject to having such permit revoked by the local governing body?
Yes _' No_.
I.
Any person violating the provisions of Article 1.1 of Chapter 8 of Title 8.2 of the Code of Virginia. shall
be guilty of a Class 1 misdemeanor and any persoll violating the provisions of ~ 18.2-340.9 shall be guilty
of a Class 6 felony? Yes X. No_
K
The organization must comply with
Administrative Manual. Yes X.
the provisions of the current Chesterfield County Bingo-Raffle
No
-
19. Have you and each officer oC your organization read the attached permit and do you ond each officer agree on
behalf of the organization to comply with each of the conditions therein? Yes _L. No_.
20. I hereby swear or affmn under the penalties of perjury as set forth in ~18.2-434 of the Code of Vinrinia. that all
of the above questions have been completely answered and that all the statements herein are true to the best of
my knowledge, information and belief?
WITNESS the following Sign'i.tuTes and seal~ A " , _
Signature of Applicant: (~",..e -i5 .~(7
Name: Carol B. George
Title: 1\lreasurer
Address: l/lL KnolrwOod Urlve
Business Phone: 272-2881 Home Phone: 323-5744
STATE OF VIRGINIA
CITY/9lli-NTY OF (0 .hf'c,J.a.y bid d TO-WIT:
Subscribed and sworn to before me, '--r2e..I:XI'G-H fY"\ci:::v,,~ I c1 , a Notary Public in and, ("r lbe
City/County and State aforesaid, this I l day of C')r +0 be... V 199-5-.
J\Ukevv0 \..{Y\ mO~d
. ""~_'._ ,.' ~__L1~..
r/ ",'UldJ.J .l uuu'"
\-=')1-96- .
My Commission Expires:
RESOLUTION
BE IT RESOLVED THIS 14 day of IJ Q In./:) 0 A- , 199 6( date resolution passed), that
~ ;&. ~ "ereby authorized to apply to the Chesterfield County Board of Supervisors
for a bingo/raffle permit on behalf of this organization for the 199 ~caleDdar ye .
R . d lOVl'A93 ~A~' d . ( ffi .
eYlse /. ut onze sIgnature 0 Icer or Dtrector)
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Adopted 4/10/89
5/09/89
Revised Fall 1993
st. Edward-Epiphany Home and School Association
CONSTITUTION
Article I
Puroose and Obiectives
Section 1:. The mission of the Home and School Association (HSA)
shall be to support and enrich the educational processes of the
school. This shall include:
A: Providing spiritual opportunities and fellowship that
develops a strong and meaningful Christian community
among school families, faculty and administration.
B: providing a vehicle of communication between parents and
the school.
C: Planning and coordinating of fund raising activities.
D: Providing interesting and informative programs relevant
to the needs of the school community.
Section 2: The membership of the Home and School Association shall
consist of each parent or legal guardian of the
students and the faculty at St. Edward-Epiphany School.
Students shall be non-voting members. Associate
memberships will be offered subject to the annual ap-
proval by the current HSA Governing Board (Board) to
interested parents and guardians of former students.
These shall be referred to as the membership.
Section 3: The Home and School Association shall follow the
established school policies and practices set forth by
the school board and by the school principal.
ARTICLE II
Board Members
Section 1: The Board of the Home and School Association shall
consist of the officers, grade level representatives
and faculty representative.
section 2: The officers of the Home and School Association shall
consist of an Honorary President, President, First
Vice-president, Second Vice-President, Recording
Secretary, Corresponding Secretary and Treasurer.
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Section 3: One person from each grade level, pre-school through
eighth grade, shall serve as grade level representative
on the board.
ARTICLE III
Duties of Board Members
Section 1: The office of Honorary President shall be filled by
the principal of the school. The Honorary President
shall approve the date and agenda of all general
membership meetings. The Honorary President shall
have the privilege of voting as tie breaker.
Section 2: The President shall:
A: Present a report of the condition of the HSA, a
statement of objectives and an agenda for the HSA for the
new school year at the first general membership meeting of
the new term.
B: Preside at all meetings of the Home and School Association
and its Governing Board.
C: Represent Home and School Association on the school board
and apprise the HSA Governing Board of its activities.
D: Appoint all special committees with the assistance of the
First Vice President.
E: Serve as an ex-officio member of all committees except the
nominating committee.
F: Notify all Board Members of regular and special meetings
of the HSA Governing Board.
G: Submit a quarterly insert in the monthly newsletter
(September, December, March and May).
Section 3: First Vice President shall:
A: Perform the duties of President in the absence of that
officer.
B: Participate in planning with the President and Honorary
President of the HSA Governing Board.
C: Serve as Chairperson of the nominating committee.
D: Serve as the liaison between the Board and the parent
involvement program.
E: Have succession to the office of President.
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Section 4: Second Vice President shall:
A: Perform the duties of First Vice President in the absence
of that officer.
B: Be responsible for overseeing the Fall and Spring
fundraisers.
Section 5: Recording Secretary shall:
A: Keep an accurate record of all meetings of the Home and
School Association and of its Governing Board and deliver
the minutes to the President.
B: Be responsible for the hospitality for general membership
meetings of the HSA and as needed.
Section 6: corresponding Secretary shall:
A: Conduct the correspondence of the Home and School
Association, both internal and external communications.
B: Act as parliamentarian at all business meetings of the
Home and School Association.
Section 7: Treasurer shall:
A: Maintain and reconcile a general checking account in the
name of the Association.
B: Maintain and reconcile the lunch account with the monthly
bank statement.
C: Keep accurate account of all receipts and disbursements
and obtain a financial summary from all event
chairpersons.
D: Prepare and read a financial report at all regular
meetings of the Board.
E: Prepare a summary report after the end of his/her term of
office for the fiscal year ending June 30th over the
course of the year with the assistance of the newly
elected Treasurer.
F: Serve as a member of the school finance committee.
section 8: Grade Level Representatives shall:
A: Attend and participate in the meetings of the Board as
voting members and all of the HSA general meetings and
functions.
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B: Serve as a chairperson or member of committees of the
Association (such as Spring picnic, family dinner night,
receipt coordinator, lunch programs, etc.) and report as
the liaison to the Board on these functions.
C: Serve as the liaison between the Board and the respective
grade level.
D: Communicate with the respective grade level in a quarterly
newsletter, the business of the Board.
Section 9: Faculty Representative shall:
A: Serve as a voting member and a liaison from the Board to
the Faculty.
B: Appointed by the Honorary President.
ARTICLE IV
Nominations and Elections
Section 1: A nominating committee will be formed at the regular
Board meeting in January of each school year.
Section 2: The chairperson of the nominating committee shall be
the First Vice President.
Section 3: The nominating committee shall consist of eight members
of the Association, two shall be officers of the
Association, two shall be grade level representatives
and four from the general membership of the
Association.
Section 4: The nominating committee shall solicit from the general
membership nominations to all the officers' positions
and all grade level representative positions, with the
exception of those offices that have automatic
succession from the previous term.
Section 5: The slate of nominees for the general election shall
be read into the minutes of the regular HSA Governing
Board meeting in March.
Section 6: The nominating committee shall publish an election
ballot of officers and an election ballot of grade
level representatives to be sent to the membership
prior to the regular membership meeting in April.
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Section 7: The officers and grade level representatives, with the
exception of the Tl representative, shall be elected in
April by ballot. The Tl representative shall be
elected in September of the following school year.
Section 8: The officers and grade level representatives shall
serve for the term commencing June 1st and ending May
31st. The Tl representative shall serve from September
through May 31st.
section 9: A person may serve as a grade level representative for
more than one term. An officer may serve for no more
than two consecutive terms in the same office.
Section 10: The First Vice President shall have succession to the
office of President.
Section 11: All vacancies on the HSA Governing Board that occur
during the term shall be filled by Presidential
appointment with the approval of the existing Board.
ARTICLE V
Meetinqs
Section 1: General meetings of the membership of the Home and
School Association shall be held in September,
November, April, and as otherwise provided by the
Board.
Section 2: The regular board meeting of the Home and School
Association shall be held on the second Tuesday of
each month during the term.
Section 3: A quorum of board members shall be present to conduct
business. A quorum of the Board shall consist of one
half plus one of existing board members.
Section 4: Attendance at board meetings is expected. The absence
of any member from two consecutive meetings or three
meetings during the term may result in a request for
resignation.
Section 5: The order and procedure at board meetings shall be as
follows:
A: The minutes of all business meetings shall be approved.
B: The Treasurer's report of the current financial status
shall be read and approved at each meeting.
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C: The President shall give a report from the school board
meeting.
D: Procedures not otherwise specifically provided for in this
Constitution shall be governed by Robert's Rules of Order
as interpreted by the officer appointed as
Parliamentarian.
ARTICLE VI
Ratification and Amendments
Section 1:
procedure:
This Constitution may be amended by the following
A: The proposed amendment shall be read into the record at
two successive regularly scheduled board meetings.
B: The proposed amendment shall be approved by a two-thirds
majority vote of the current board.
Adopted 4/10/89 and 5/9/89
Revised Fall 1993
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CHESTERFIELD COUN1Y
Application for a Permit to Conduct
Binl!o Games or Raffies
In snpport of this application, the applicant oITers the folloWing Information under oath:
1. Official name of organization: Che..oteJtr,.i.e..Ed Lodge. No. 1980 Lowa.E Oltde.1t or, Moo.oe., Ine.
2. Address of organization's headquarters (please include street address, city and zip code):
9500 TPnnPlt.oon Vav.i..o H.i.ahwaw, R.i.ehmond, VA. 23237
3. Address where all records of receipts and disbursements are permanently filed:
Samp a.!o #7
4. Names and address of owner of the property described in 3 above:
Samp a.!o #2
5. Address(es) where bingo games will be held or rame drawings conducted (please include street address, city and
zip code: Samp a.!o #2
NOTE: THIS PERMfT fS VALfD ONLY AT THE LOCATION DESCRiBED TN 5 ABOVE.
6.
p. 11J.
7. 11.
8. Has your organization been in existence and met regularly in Chesler field County or an adjacent county, city or
town for two (2) years immediately prior to making this application? Yes -XL. No_.
9. Is your organization currently and has your organization always been operated in the past as a non-profit
organization? Yes --XL. No _ If not, explain
10. Tax exempt status under the Internal Revenue Code (if applicable): ~ n 1 ((' I I ~ I
11.
State the specific type and purpose of your organi7-'ltion: Tho. I n rf go;), '1 r b ~ \I a ;t P Non - Pit 0 n .i. t
Coltpoltat.i.on DUIte..EW be.ne.vo.Ee.nt and e.xe.Eu.o~ve..Eu ehalt~ta e..
12.
Type of permit applied for: Bingo Games _
Rames
Both -XL
13. Application is for a new or renewal XX permit. If renewing a permit, were frnancial reports med
on time and in compliance with all applicable legal requirements? Yes~. N~,_.
14. List below gross receipts, ~ from all sources related to the operation of bingo games or instant bingo by
calendar quarter [or the 12-month period immediately prior to the date of this applicalion:
1st qtr: $ .29}45:..2S2lnd qtr: $ 37289.75 3rd qtr: $ 35199.50 4th qtr: $ 31885.05
15. Officers of Organization:
Name
Add"'....
Bus. Phone
Home .Phone .
President:
C. Raw CUUOD
10124 BIt.i.tton Wood VIt.
Si55mnnrf, v~ 7~73~
6 Ce.ntlta ~a oa
C~e..ote.lt. v~. 2~83~
; 31 K~n .0 and oa
Va.
u~nn Olt
~e mon , a.
748-3924
748-9784
743-7643
&c.re~~ry;
Ravmond L. Cha.E~.Ee.y
Jame..o C. Haltd.i.n
~alt.Eton'W. Powe.~.E'
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275-2292
Vice President:
:: . ~rea:1uit:: '.~',~ ~
, .
~... ..,
......., .
16;, lo~'..,M;m:ber~:-~tith~ri7..ed within the orga?-ization to be responsible for conduct and opc,rati~~ of bingo E,!mes or rarOes;
.. ";.Name: '.' Jame..o C. Haltd~n Address: 9500 Je.66e.It.oon Vav.w H~ghway, l<~Qhmond, VA.
.',<<~6me Telephone: 743-7643 Business Telephone: 275-9993 .
,/ ;'"",
Member authorized wilhin the orgaoization to be responsible for filing the financial report if the organization
ceases to exist: Samp a.o # 16
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17.
18. Do you, and each officer, director and member of the organization fully understand the [ollowing:
A. It is a violation of law to enter into a contract wilh any person, firm, association, organizalion (other than
another qualified organintion pursuant to H8.2-340.13 o[ the Code of Virginia), partnership or corporation
of any c1assificatiOl; whatsoever, [or, the purpose of organizing, managing or eonducling bingo games or
rames? Yes~. No_
w over -
B.
The organization must 'Atain and rue with the County's Internal.' dit Department complete records
of receipts and disbursen.'Ws pertaining to bingo games and raffles quired by State and County Law,
and that such records are subject to audit by the County's Internal A~dit Department?
Yes XX . No .
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C. The organization must remit an audit fee of 2% of gross receipts with the Annual Financial Report not
later than December 1 unless gross receipts are less"than $2,000? Yes~. No_.
D. The organization must furnish a complete list of its membership upon the request of the County's Internal
Audit Department or other designated representative of the Board of Supervisors?
Yes XX . No
E. fi The organization shall be required to contribute an annual minimum of 5% of the gross receipts from all
/ bingo games or raffles for those lawful religious, charitable, community of educational purposes for which
/' the organization is specifically chartered or organized, and no less than 8% of gross receipts averaged for
three consecutive annual reporting periods. Yes~. No _' '
F. No person shall participate in the management, operation or conduct of any bingo game or raffle if,
within the preceding five years, he has been convicted of a felony or crime of moral turpitude.
Yes XX No
G. No person shall participate in the management, operation or conduct of any bingo game or raffle if that
person, within the past five years, has participated in the management, operation, or conduct of any bingo
game or raffle which was found by a local jurisdiction to have been operated in violation of state law or
local ordinance. Yes -4-' No_.
H. Any organization found in violation of the provisions of Article 1.1 of Chapter 8 of Title 18.2 of the Code .
of Virginia. is subject to having such permit revoked by the local governing body?
Yes XX . No
I. Any persoo violating the provisions of Article 1.1 of Chapter 8 of Title 8.2 of the Code of Virginia. shall
be guilty of a Class 1 misdemeanor and any person violating the provisions of fi 18.2-340.9 shall be guilty
of a Class 6 felony? Yes XX . No
19. Have you and each officer of your organization read the attached permit and do you and each officer agree on
behalf of the organization to comply with each of the conditions therein? Yes~. No
20. I hereby swear or affum under the penalties of perjury as set forth in fi 18.2-434 of the Code of Virginia, that all
of the above questions have been completely answered and that all the statements herein are true to the best of
my knowledge, information and belief?
WITNESS the following signatures and seals:
Signature of Applicant: ~~~ .~L
Name: JameJ.> C. Hak.d' f'l
Tille: Go V Vl.f'lOf[
Address: 9500 JeUef[J.>of'l Vav.w H.i.ohway. R.i.cchmond. VA. 73237
Business Phone: 275-9993 Home Phone: 743-7f,43
STATE OF VIRGINIA
CITY/COUNTY OF CheJ.>tef[6.id'd
TO-WIT:
Subscribed and sworn to before me, PouR EugrM MOnJrr , a Notary Public in and for the
City/County and State aforesaid, this 19~f Z;;.;~_.. e' 1~2-' , _ t"" ..'
~otary P~
Febf[uaf[U 28, 1999
My Commission Expires:
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RESOLUTION
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BE IT RESOLVED THIS 19th day of Occtobef[
, 199 ~ (date resolution passed), that
James C. Hardin
is hereby aulhorized to apply to Ihe Chesterfield Counly Board of Supervisors
for a bingo/raffle permit on behalf of this organization for the 199..L- calendar year.
Revised 10/1/93
PuU 1 a6!.>;, ( 7)'.'datj.6:': a week - Membef[J.> on.Etj -
4;00 p. m. to 11 :00 p. m. MOf'ldatj - ThUk.
ized signil(Ure
Not open to Puo!~cc.
4;00.p. m. to 12;00 p. m. Ff[.i.datj, Satuf[datj.
--_._-~,-"------~-~
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MOOSE INTERNATIONAL
JAMES T. CHAPPEL.
GENERAL OOVERNOJ
MOOSEHEART. ILUNOIS 60539.1178
TEL: (7081 859.2000 FAX: {7081 859.6618
January 21. 1994
Mr. Abbie Howell. Secretary
Chesterfield Lodge No. 1980
9500 Jefferson Davis Hwy
Richmond. VA 232374624
Dear Brother Howell..
In response to your recent request. we are enclosing
a copy of our group exemption letter received from
the Internal Revenue Service. While these letters
might appear outdated. they may be considered as
I.R.S. official ruling.
The exemption as shown by the Internal Revenue
Service still stands; however, Section 101 (3) was
changed in the Internal Revenue Code in 1954 to 501
(c) (8). Additionally, the Internal Revenue Service
has included the Supreme Lodge of the World. Loyal
Order of Moose (n/k/a Moose International. Inc.) in
it's Publication 78. revised January 1986. which
contains a list of organizations described in Section
170 (c) of the 1954 Code, as a Fraternal
Organization.
Fraternally,
q&1/U0 1J CiL~~_
~James T. Chappell
General Governor
JTC/ms
enclosure
50/ (c)(V
LE,v9
LOYAL ORDER OF MOOSE
1"";" .-. _.
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Internal Revenu'e Service
I!:Vffi~Gu~[ii)@~@[ii)~ @)@ ~@~~<B
O.-t.~ 11ft f'aOtY "t., to:
Ferm M-3442
IIJ?{ , t 'In T:MS:EO:R
~ Supreme Lodge of the World, Loyal
Order of Mool!le
c/o George A. Pelton, Comptroller
Mooseheart, Illinois 60539
_Gentlemen:
Oat. 01 arigilwl grOll.C) exemption letter:
May' 29. 1940
Based on the :infonoatiClll supplied, 'We rule that the new
subordinates you recently submitted for addition to your group exempticm
:roster are exem:pt frail Federal. income tax under section 501(c)(8) of the
Inte=aJ. Revenue Code. '.I:b:is ruling supplements your originaJ. group
exem:pticm letter.
Each subordinate is required to file Fo= 990, Retu= of
Organization Exempt Fran Income Tax, if its aml~ gross receipts are
no=.lly more than $5,000. If riling is required, and if you de not
include "the subordinates in a group ret=, each =t file the Fo:nn
990 by the 15th day of the fii"th month at'ter the end of its a=al
accounting period.' .
The new. subordmates a-""e not required to file a Form 1120 inccme
tax retu=. . However, if the)T are subject to tax on un....-elatec. business
inccme under secticm 511 of the Code, they :lUSt file Form 990-T.
The new subordinates are liable for social security taxes unCer
"the Federal Insurance Contributions Act and, if they em:ploy four. or more
indiv1.duaJ.s, for the tax under the Federal Unemployment Tax Act.
Individuals may deduct contributions "to your new subordinates, as
provided in section 170 of the Code, if the con1;ributions are for the
charitable purposes specified in section 170(c) (4) of the Code.
Bequests, legacies, devises, t~fers, or git'ts 1;0 or for the use of
the new subordinates are deductible for Federal esta1;e and gi!'t t=
purposes under sect.iOllS 2055, 2106, and 2522 of tile Code if t.hey are for
the charitable purposes specified in sections 2055(a)(3), 2106(a)(2)(A)
(iii), and 2522(a)(3) of the Code.
F()tllIa,I ~ ._(V.2.711
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Next year. ~ith~5 d&~S ~fter your annual acc~ing period
closes.. please sene. us -"\./0 copies 0:" .",he fcllO\or"ing infonnat.ion about
your subordinates:
1. A statement describin& all cn~es during the year in the
purposes, character, or me~hod of operation of your subordinates.
2. A list sh=:....~ the:l=e, el!:pl::o;,'er identification nUlllber (if the
subordinate is requirec 1:,0 file !'om: 990), and mailing address,
including :I? Code, of each subcrdi:late on your group exemptian
roster that duri"s the year:
a. changed its :lame or.add~ss;
. b. vas deleted !'rom the res.er; or
c. vas added t.o the roster.
A directory of subordinates may bo: substituted for this list if
it includes the required information and identifies the affected
subordinates according to the three categories above.
3. For subordinates added to the rost~r, a lett~r signed by ane of
your principal. officers containiDg or attachiDg:
a. a statement that the information 1lpClll which your present
group exemption letter is based applies to the new
subordinates ;
b. a statement that each has given you written authorization
to add its name to the roster; and
c. a l:ist of those to which the ~ce previously issued
separate ru1.ings or determination letters relating to
exempti.on.
4. It' applicable, a statement that your group exemption roster
did not change during the year.
Please be sure to enter yaux employer identificati~ number on
all. your tax returns and in yaux correspCllldence with the Internal
Revenue.. Serrlce.
'l'hA..1< you for your cooperation.
Sincerely yours,
?~ .J~'<-
Chief, Rulings SeC.i.OIl ,_.
Exempt OrganiZations Branch
FO-W ~ ,~. 1.T1)
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:rREASURY DEPARTMENT
WASHINGTON
OFFICE OF
COMMISSIONER OF INTERNAL REVENUE
__as R1t~Y TO
COMM1~CP'~AC\l'CNIJC
_..... ro
~\~~ J \ ,~~
..AlAr 291240
IT:P:T:l
RF\';
5uprome Lodge o~ the Yorld, :o~.l Order of MoozeJ
i.!oosehenrt, Il1inois.
Sirs:
Referenco is made to the evidence $ubmi~ted ~J you in order
that ~~e status of the various incli\~1~al ~~its ot yo~~ orGaniza-
tion 7fhich er c kno....zn as Lodges, Lc;;ions D...'1d Chapters, mo.:, be de-
tcnllined for :'erier!l1 inCO"'& tax ]?urposes prier to a dete,."u,=tion
o~ their status for er.l!lloy:acnt tax purposes.
'l~e reCor!:s or this 'offiee disclose that ~der d.a.te of
A~~st 15, 1935, the Bureau held your organization to be entitled
to exe".,~tion un:ler the provisions of" section 101(3) of the ucvenue
AC't of 1934 l:.ln r-ricr revnnUB acts, as a :i'"r3:t~].'"1lZl1 bc:l.ei'iciar:r
societ"J, operati:=1:; \lI1..:ler the ledge 'syste:-:tl' an:: ~oviding; for the
pa~':!:.e:::.t of" teneri ts .to your member3. or 'their ~C:PQnden:ts.
.11: 8.P!'eb.rs that the acti .li.ties of ~-our crz;ar..izs.-l;ion 1J.r.e con-,.._.
.ducted.tnrough individual units wr.~ch nre'~<nown as Lod~es, Le;ions
and Chap-l:el-s. Each ot the looe.l units arc au"t01'!omous units operai:-
i~ under identico.l oharters grnnted encn u:;.it by ~:O(Jur corport':t:ion,
which is the Illl.tional headq=rters of the l'r::.te"'!ll.1 s:rstem 1010=
in the a.g;l';;ret;ate a.s the 1oce.l Or::ler of t'l00S3. The ir.clividut'.l ur.its'
in active operation as of' :.:a.rch 31, 194C, nU!1bered 150 r..egions. 810
Chapters. and 1,335 Lodbes.
In vievr of" the ~ore;;oi:lf;, it is held that the l..egions, ~ha.ptars
and LodGes chartered b~ your or,~~ization are suoh or~anizations
as co~e within the ~rovisions o~ section 101(3) of ~~e Intcrn41
Revenue Code (53 5t;'t., Part 1) and section 10:!-(3; of' the ?ovenue
Act o~ 1930 and the corre=7or.din; :-rovisions of ~rior revenue acts.
bcome ttlX r~turns rill not, therefore, be required -to be filfrl for
..I.";.";'';;: ....l'.1 '...I....:,.u.l. -'c......\...;o ......~~ J. o.............~ ......_.... ....::.J..;. :.::.:. .". _.1 :o.~_ _..~-_...~....~~
:rears so loU{; a.s there is 11.0 ch~se in 'their or ~anizn.-=:ioll, "t~cir
purposes or their ::-etivJd of o!,~~-:..tion ..hich ;.10'111 c.fi'cc~ their exemp-
tion f'rom income tax.
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Supr6..rflC :'od.gG 0 f the Wo \.1.d, ::'q~/iJl 0 n:.cr 0 f Moo se..
P.n: c~:..~::....:es i:l the f-:..~:m J1 \..I:'''gc:::ni~ati.:n or method of oroera-
ti.jn of a..,\:;" "jne <J:~ th,= Logions. Chapt:>rs 0:: Lo:ige~ ch.arterea. '"=Y
you.r corpor.{}. ~io~ rt:Ust De i]n!!\~diatcl:T reyorted to the cul1ectoz-
of ir..t~:-n:{l 1"'~ve:n\le !1)r it~.ci.i~tr~ct i:1 order th2.t the effect of
such cha.ngez upon its pl"E-~ent exe=r.pt statu~ may be d.et~rminai.
'iJ1e e.7.e:u~:ti'Jn ref"r:rre.i to i~ ~::.~ lp.tter does not apply to
t~~cs 1~!i8i ~~er oth~r ti~les or provisions of the Gade, or of
:he r~s"'gective rCVtmue :tcts. exc~t insof.?.:" as ez~mpt1'jn is ~e-Jlted.
e~res~:r U!l.a.e= th:~:.e ~=o~.isions to org4"-"1iz~#tions enm:er::.tee. in
sect;.~n 101 of t::e ::O"e, or section 10'- of the ::tev'mue Act of 1938
"nil. the correspondin;; sections of prior revenue acts.
~is :3urezu sl:ould. be advisee. hmediately of any additional
!..eb1.on~, c:.'lapters, or Lod!."e", chartered by' your or~ization, as
\"'ell "s the cancelln.tion of CIJy clurtE'r issued b:r your organiza-
~ion on or ~ftE'r the dnte of this letter.
lhe o,uestion af the status of t~e respective Legion.., Chapters.
;,.ne. Lo-iges chnrtered b:r your or~.nization for a::ployment tax PU1'JXlscs
r.'ill be 'II:u!.e t;.e su1:.icct of a separate ::o=unice.tion.
A coPY' af this letter is bein" tr'msnitted to the collectar
o~ interr-.L."?l reve:'!'"~e for :'tour dis':rict.
By ~ir~ction oi the Coomis~1oner.
Ees;:>ectfully.
Repronuced by the ~hoto Offset ?~oce5s from
~Jri!.:i1F.l letb~r h,,. +.nt:lo ,c;l;T";':'~P !,f)~.~~ :": "'hQ
'';orld Loyal Order of :>:005e
- 4 -
.
.
CHESTERFIELD COUNTY
Application for a Permit to Conduct
Binl!o Games or Raffies
In support of this application, the applicant olTers the following infonuation under oath:
1. Official name of organization: Robert E. Lee Post 2239 Veterans of Foreign Wars of U.S.
2.
Address of }lrganization's headquarters (please include street address, city and zip code):
P.O.Box 67 Colonial Heights. Va. 23834
3.
Address where all records of receillts and disbursement)' are nermanently) filed: Post Home - 10ca tion
of Post 14703 Jefferson Davis Highway l No Mail Box
4.
Names and address of owner of the property described in 3 above: See * 1 And 3 Above
5.
Address(es) where bingo gaIP-es will be held or raffle drawings conducted (please include street address, city and
zip code: See 1/'3 Above .
NOTE: THIS PERMIT IS VALID ONLY AT THE LOCATION DESCRIBED IN 5 ABOVE.
6. Dates or days of week and time when bingo games or raffles will be held at the above address( es):
Saturday At 5.30 PM
7.
Date when organization was founded:
1952
8. Has your organization been in existence and met regularly in Chesterfield County or an adjacent county, city or
town for five (5) years immediately prior to making this application? Yes~. No_.
9. Is your organization currently and has your organization always been operated in the past as a non-profit
organization? Yes X No If not, explain
10. Tax exempt status under the Internal Revenue Code (if applicable):
11. State the specific ty'p'e and purpose of your organization: Furthurance Of Veterans And Veterans,
Affairs, ReabJ.litation As Well As Assistance 10 fhe ~ommunJ.ty ~tate And ~ation
12.
Type of permit applied for: Bingo Games ~
Raffles
X
Both
X
13.
Application is for a new or renewal
on time and in compliance with all applicable legal
X
permit. If renewing J1' permit, were financial reports filed
requirements? Yes _' No_.
14. List below gross receipts, if anv. from all sources related to the operation of bingo games or instant bingo by
calendar quarter for the 12-month period immediately prior to the date of this application:
1st qtr: $66,624.512nd'qtr: $72,557.54 3rd qtr: $78.920.65 4th qtr:,$79,783.00
15. Officers of Organization:
Name
President: Arthur A. Goulette
Vice President: Lawerance Smith Jr.
Secretary: Arthur D. Beasley
Treasurer: Donald Wagenseller
,;
~
Bus. Phone
Home Phone
13413 Chip Ct. N/A
Chester, Va. 2)8)1
I~K~h~?F'~~i~ V;: <:)8)2
4012 'I'l-eely Rd.
Chester, ~a. 2)8)1
:;:011 Gucle ~t.
Colonlal fig Ls. ....... 23834
748-0662
790-1265
526-1203
526-8328
16. Member authorized within the organization to be responsible for conduct and operation of bingo games or raffles;
Name: Arthur D. Beasley Address: 4012 Treely Rd. Chester, Va. 23831
Home Telephone: 526-1203 Business Telephone:
17. Member authorized within the organization to be responsi~1e for filing the fmancial report if the organization
ceases to exist: Donald Wagenseller
18. Do you, aud each officer, director and member of the organization fully understand the following:
A. It is a violation of law to enter into. a contract with any person, firm, association, organization (other than
another qualified organization pursuant to 918.2-340.13 of the Code of Virginia), partnership or corporation
of any classification whatsoever, for the purpose of organizing, managing or conducting bingo games or
raffles? Yes X No
-
- over -
B.
~
The organization mu......maintain and file with the County's Inte'iiill. Audit Department complete recQrds-'
of receipts and disb~ents pertaining to bingo games and raff.s required by State and County Law,
and that such records are subject to audit by the County's Internal Audit Department?_
Yes X . No . '
- -
c.
The organization must remit an audit fee of 2% of gross receipts with the Annual Financial Report not
later than December 1 unless gross receipts are less than $2,000? Yes X . No
D.
The organization must furnish a complete list of its membership to the County's Internal Audit Department
and a complete membership list with this auulication.
Yes 'X .' 'No
E.
The organization shall be required to contribute an annual minimum of 5% of the gross receipts from all
bingo games or raffles for those lawful religious, charitable, community of educational purposes for which
the organization is specifically chartered or organize!!, and no less than 8% of gross receipts averaged for
three consecutive annual reporting periods. Yes~. No _'. ....
F.
No person shall participate in the management, operation or conduct of any bingo game or raffle if,
within ihe preceding five years, he has been convicted of a felony or ~rime of moral turpitude.
Yes . No .
- -
G.
No person sball participate in the management, operation or conduct of any bingo game or raffle if that
person, within the past five years, has participated in the management, operation, or conduct of any bingo
game or raffle which was found by a local jurisdiction to have been operated in violation of state law or
local ordinance. Yes X. No
H.
Any organization found in violation of the provisions of Article 1.1 of Chapter 8 of Title 18.2 of the Code
of Vir~nia, is subject to having such permit revoked by the local governing body? . ,.
Yes . No _' r
I.
Any person violating the provisions of Article 1.1 of Chapter 8 of Title 8.2 of the Code of Vircinia, shall
be guilty of a Class 1 misdeme"for and any person violating the provisions of ~ 18.2-340.9 shall be guilty
of a Class 6 felony~. Yes _' No_.
J. The organization must provide written notification to the County's Internal Audit Department of any
change in elected officers or bingo chairperson during the calendar year covered by this permit.
Yes X. No
K The organization must comply with the provisions of the current Chesterfield County Bingo-Rafflc
Administrative Manual. Yes X No
19.
"
Have you and each officer of your organization read the attached permit and' do fOU and each' officer agree on
behalf of the organization to comply with each of the conditions therein? Yes _' No_.
20. I hereby swear or affirm under the penalties of perjury as set forth in ~18.2-434 of the Code of Virginia, that all
of the above questions have been completely answered and that all the statements herein are true to the best of
my knowledge, information and belief?
WITNESS the following signatures and seals:
signatureof~PPlicant: 1i-~~e0P /3/~~
Name: Arthur D, Beasley,
Title: bUlgo \,;naJ.rman and l"osr Adjutant
Address: LJ.012 'l'reely I(d, (;hester Va, 23tl31
Business Phone: Home Phone: 526-1203
"
~
and for the
>D ~ Not~ P'i~c
My Commission Expires: tJ"'~ ., 60 I 9.7
......., I
RESOLUTION
BE IT RESOLVED THIS 19th day of October
Robert E, Lee Post 2239 VFW
. ',' .199 ~ (date resolution passed), that
is hereby authorized to apply to the Chesterfield County Board of Supervisors
for a bingo/raffle permit on behalf of this organization for the 19995-96 calendar year.
77 ~~ Commander
Revised 10/]/93 Authorized signature (Officer or Director)
'8',(' 5,1\.
\,.
~~:
i,'\.~~'
~
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page --L of L
Meetin Date:
November 21. 1995
Item Number: 8.C.5.a.
Subject:
Request permission for the Installation of a 15' Wide Driveway
within an Existing 50' Right of Way designated as pine Grove
Avenue
County Administrator's Comments:
Pec.t'~ ~.
County Administrator: ~ I..J ~r ~
Board Action Requested: Staff recommends that the Board of Supervisors grant
Mr. Jeff Wilkinson permission to install a 15' wide driveway within an
existing 50' right of way designated as pine Grove Avenue; subject to the
execution of a license agreement.
Summary of Information:
Mr. Jeff Wilkinson has requested permission to install a 15' wide driveway
within an existing 50' right of way designated as Pine Grove Avenue in order
to provide access to a new residence. This is a requirement of the Board of
Zoning Appeals pursuant to variance granted Mr. Wilkinson (Case No.
95AN0304) . This request has been reviewed by staff and approval is
recommended.
District:
Matoaca
Preparer: c--..,p -z.J. ~"y)
J n W. Harmon
Title:
Riaht of Way Manaaer
Attachments:
.. Yes c=J No
1*
027
VICINITY SKETCH
.;
REQVEST PERMISSION FOR THE INSTALLATION OF A 15' WIDE DRIVEWAY WITHIN AN
EXISTING 50' RIGHT OF WAY DESIGNATED AS PINE GROVE AVENUE JEFF WILKINSON
028
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LOCATION OF 15'
WIDE DRIVEWAY
Tax Map No. 175-6(1)
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page --L of L
Meetin Date:
November 21. 1995
Item Number: 8 .C. 5 .b.
Subject:
Request for Permission to Install a Water Service for a New
Residence off of Winterpock Road
County Administrator's Comments:
(2.e~()l/V1~ ~THL .
County Administrator: ~!-J
UUL
Board Action Requested: Staff recommends approval subject to the execution
and recordation of an agreement acceptable to the County Attorney.
Summary of Information:
Woodrow W. and Gloria V. Hicks have requested to extend a private water
service within a 10' private water easement to serve a new residence on Tax
Map No. 091-05-01-00-000-036.
This request has been reviewed and staff recommends approval subject to the
execution and recordation of an agreement acceptable to the County Attorney.
District:
Matoaca
preparer:~~-J.04~
J hn W. Harmon
Title:
Riaht of Way Manaaer
Attachments:
.. Yes c=J No
1#
030
'-.
VICINITY SKETCH
REQUEST FOR PERMISSION INSTALL A WATER SERVICE FOR A l~W RESIDENCE OFF OF
WINTERPOCK ROAD WOODROW W & GLORIA V HICKS
.
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PLAT SHOI/ING A 2.000 ACRE P:\RCEL OF LAND SITUf\TEfJ ON THE SOUTHERN
LINE OF BETHIA ROAD AT THE INTERSECTION OF WINTERPOCK ROAD, IN THE
MATOACA DISTRICT OF CHESTERFIELD COUNTY, VIRGINIA.
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11521 MIDLOTHIAN TURNPIKE
RICHMOND, VIRGINIA 23235
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Re: W. W. Hicks
.)( )1'/., ., .' .::. I ("/:)~ (ub
Hotes:
Tllis property is locoted in F .E.Il.A.
Flood Zone "C".
I~o irrproverrents shovln at this tine.
\/etIonds, flesource Protection Areos
& Resource 1lnnngernent Arens" if
any, are not delineoted by this
survey.
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This Is to certify that on June 1 LI. 1994 . I made an
accurate Field Survey arlha premises shown hereon; that all improvements are shown hereQn; that
there Bre no encroachments by improvements either Irom adjoining premises or from subject
premises upon adjoining premises. other than as !;hown hereon. This survey is being furnished without
benefit 01 a title report. Premises shown hereon is subject to easements 01 record Of otherwise.
GIBSON, McKNIGHT
& ASSOCIATES, P.C.
PROFESSIONAL LAND SURVEYORS
032
Date: 5-16-911
Scale: I" = 1 DO'
J.N. 9406-07
SUITE G
PHONE 804 379-9980
~ c.. 5. t.
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page -1.. of L
Meetin Date:
November 21. 1995
Item Number:
8 .C. 5.c.
Subject:
Request permission for the Installation of a 15' Wide Driveway
within an Existing 50' Right of Way located off Plantation Trace
Place
County Administrator's Comments:
14-(O~~.
~/~~A ~.
County Administrator: V""'"
Board Action Requested: Staff recommends that the Board of Supervisors grant
Commonwealth Gas permission to install a 15' wide driveway within an existing
50' right of way located off Plantation Trace Place; subject to the execution
of a license agreement.
Summary of Information:
Commonwealth Gas has requested permission to install a 15' wide driveway
within an existing 50' right of way located off Plantation Trace Place in
order to provide access to a gas storage facility. This request has been
reviewed by staff and approval is recommended.
District:
Matoaca
Preparer:~ iar2-z.I m A-.~rr>
J n W. Harmon
Title:
Rioht of Wav Manaoer
Attachments:
.. Yes c=J No
1*
033
~VICINITY SKETCH
REQUE~T PERMISSION FOR THE INSTALLATION OF A 15' WIDE DRIVEWAY WITHIN AN EXISTING
50' RIGHT~OF WAY LOCATED OFF PLANTATION TRACE PLACE COMMONWEALTH GAS
~
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<JII)AKS
. _______ Rockj,
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4-12500
261
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23838
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'-' ESTERFIELD COUNTY ~
BOARD OF SUPERVISORS
AGENDA
. Page 1. of 1.
Meeting Date:
November 21. 1995
Item Number: 8.C.6.
Subject:
Approval of Utilities Contract for Ashbrook, Section 6 -
Contract Number 95-0150
County Administrator's Comments:
County Administrator: ~Jr! fvci{{5R:.,
Board Action Requested:
Staff recommends that the Board of Supervisors approve this contract and
authorize the County Administrator to execute any necessary documents.
Summary of Information:
This project includes 1,033 L.F.~ of 18" wastewater line. The Developer
is required to have an 8" wastewater line to serve his development,
therefore, staff has requested the wastewater line be oversized to
provide service to the adjoining properties. In accordance with the
Ordinance, the Developer is entitled to refunds for the cost of
oversizing the wastewater line.
Developer: S & B Development Company of
Contractor: R.M.C. Construction Company.
Contract Amount: Estimated Total -
Total Estimated County Cost:
Wastewater (Oversizing)
(Refund thru connections)
Estimated Developer Cost
Code:
District: Matoaca
Preparer: ~~~ d
{/t. ;-;;;(j Jr'.
Virginia
$128,164.50
$15,250.60
(Oversizing)
$112,913 . 90
5N-572VO-E4C
Title:
Assistant Director
Attachments:
. Yes DNO
I"
036
.-
~. t;.....~
.
PROJECT NUMBER 95-0150
VICINITY
MAP
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page -1.. of L
Meetin Date:
November 21, 1995
Item Number:
8 .C. 7.
Subject:
Conveyance of an Easement to Bell Atlantic-Virginia, Inc.
County Administrator's Comments:
ee-<.~ ~~
County Administrator: '7:3.A N ~ f- ~
Board Action Requested: Authorize the Chairman of the Board of Supervisors
and the County Administrator to execute an easement agreement with Bell
Atlantic-Virginia, Inc, to install underground telephone lines to provide
phone service to RAM Communications Consultants Tower site at Grange Hall
Annex.
Summary of Information:
Staff requests that the Board of Supervisors authorize the Chairman of the
Board of Supervisors and the County Administrator to execute an easement
agreement with Bell Atlantic-Virginia, Inc. to instal underground telephone
lines to provide phone service to RAM Communications Consultants Tower site
at Grange Hall Annex.
District:
Matoaca
Preparer:~ ,/k -z.J. M ~<JrV)
John'W. Harmon
Title:
Rioht of Wav Manaoer
Attachments:
.. Yes c=:J No
1*
038
:_""
VICINITY SKETCH
fONV;XANCE OF AN EASEMENT TO BELL ATLANTIC-VIRGINIA INC RAM COMMUNICATIONS
CONSULTANTS TOWER SITE AT GRANGE HALL ANNEX
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page ~of~
Meeting Date: November 21, 1995
Item Number: 8 .C. 8.
Subject:
Consideration of an application for a one year Federal
Grant to pay for a full-time civilian position,
to be a program coordinator for a Domestic Violence
Program.
County Administrator's Comments:
x?~cnM'1~d Il~ov~
,G()untyA<:lmintst@tor:.""..
'-" ," .... - - -.---
.\~
BoardAdion Requested:
The Police Department r!",qu~sts permission to apply for a
federal grant which would"pr'ovide f,unding for"a full-time
civiHan., position, 'operating ,funds andeqll'ipment. fora
DomestlcViolenceProgram:"'i"f 'thegr'arii:'::Cs awarded'a:position
would need to be created AND funds appropriated.
SummarvofInformation:
The Community oriented Police Office (COPS Office) is offering
a $10 million dollar domestic violence grant. This grant
would create an innovative, collaborative program in
,Chest:~;rfield County with a. Domestic Violence Program
Coordinator to build partnerships that will identify and
analyze domestic violence problems, and implement long-term,
effective and appropriate solutions. This program will
include a partnership with the Chesterfield County Domestic
Violence Task Force.
. . .This,: :is,::,a,.,Qne,,:year.,,grant'",which':::i:s'::renewable.:up.:.t:.9..:.threS'. ye",;rs .
The total amount:. ,,''is'qu,\,,stS'd..,of, tqe fed~ral grant is $50,425.
This money includes-salary;'benefits and related equipment and
eiP~ni;li~..~.: There is n.91c;:icel'Cmatch,.
Preparer: Title: Chief of Police
Jr. I #
041.
Attachments: .. Yes 0 No
G
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2 of2
Meeting Date:
NoVember 21.. 1995
Item Number:
Budaet and Manaaement Comments:
If the Police Department submits an application for, and received this grant,
a new position would be created in the Police Department.
The salary and operating expenses for this position would be fully funded by
the grant.
Direct (internal) costs associated with this position are estimated at $500
per year and will be funded from within the current Police Department budget.
'There will be no new cost to the general fund.
The grant would fund the position for one year. At the end of the first
year, the County may apply for another year of funding. This may be done
again at the end of the second year, for a total potential grant life of
three years.
At the end of the grant period, funding for the position would have to be
identified by the Police Department.
~.ruo 2 c/ ~fjrQUh f!fV
mes J. . stegm er
Title: Director. Budget and Manaoement
042
-
,Personnel Costs:
Benefits:
Equipment:
Training:
Other Costs:
TOTAL:
.
DOMESTIC VIOLENCE BUDGET
Grade 26 (Training Officer)
FICA
Health
VRS Retire.
VRS Life
Computer
Word Perfect
Lotus
pageMaker
DBase IV
Attachmate
WP Office
Conferences & DCJS
Executrain
2 Video Tapes
Printing Costs
Telephone
Telephone Servo 1yr
Maintenance Contract
Mainframe charges
Office Supplies
~
$29,935
2,300
2,300
2,760
120
$37,415
$3,000
300
300
300
200
400
50
$4,550
$1,500
$1,000
$2,500
$ 400
$4,000
50
360
336
444
370
$5,960
$50,425
043
.
.
,
,Direct Charges for Police Dept grant funded position (estimate)
1. Accounting Services ($.65 per transaction)
22 transactions per month @ 12 months = 240 = $170
2. Accounts Payable Services ($2.20 per acct per invoice)
5 invoices per month @ 12 months = 60 = $130
3. purchasing Services (.75 per purchase order issued)
3 purchase order per month = 36 = $30
4. Human Resource Mgmt and Payroll ($170 per FTE) $170
Total $ 500
044
8', C ,'I,
.eting Date:
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
November 21, 1995 Item Number:
Page ~of~
8 .C. 9.
,
,.
..-
Subject:
Set a Public Hearing Date to Consider Tax Exemption Request of Richmond Metropolitan
Habitat For Humanity,' Inc.
County Administrator's Comments:
f?euh'W'JtHtd V.u- (J, Ie/( ~ )l€~J r
County Administrator:
c#JI(
BoardAction Requested:
Recommend that a public hearing be scheduled on December 13, 1995, to consider the tax
exemption request of Richmond Metropolitan Habitat For Humanity, Inc.
Summary ofInformation:
Under the Virginia Constitution, non-profit organizations seeking an exemption from
local real estate taxation must obtain the exemption from the General Assembly. The
General Assembly cannot, however, consider a tax exemption request until the request has
been considered, after a public hearing, by the governing body of the locality in which the
organization is located.
Richmond Metropolitan Habitat For Humanity, Inc. ("RHFH"), a non-stock non-profit
organization that has purchased property located in Chesterfield County. RHFH is the local
affiliate of Habitat For Humanity International, an ecumenically based organization dedicated
to providing adequate housing for area low-income families. Habitat families are provided
interest free loans to buy homes which are. conveyed to them at the cost of construction.
RHFH homes are principally built with donated materials and labor. Recipients of RHFH
(Continued)
Preparer:
~,l~
Steven L. Micas
Title:
County Attorney
1205:12103.1
1#
045
Attachments: 0 Yes . No
,
@ _""Roo,cIoo_
'e
~.
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2... ou.....
Summary of Information: (Continued)
homes must be willing to participate in the building of their home as well as the homes of
other needy families. RHFH was created in 1986 to respond to the plight of the Richmond
metropolitan area's families. The RHFH parcel is located at 2960 Brentwood Circle, in the
Sherbourne Heights Subdivision of the Bermuda Magisterial District.
The Code of Virginia sets forth a number of conditions that all non-profit organizations
must meet in order to qualify for the local real estate tax exemption. RHFH meets all
necessary conditions and qualifies for such an exemption. This year the property was assessed
at a value of $24,000 and will generate $130.80 in County Real Estate tax. In 1994, the
property generated $261.60 in County Real Estate tax.
1205:12103.1
-'-
1# 046
f? C. 10.
.-
I
_.- .I.
~N ..
CHESTERFIELD COUNT
BOARD OF SUPERVISORS
AGENDA
Page .J:.... of1-
Meeting Date:
November -21, 1995
Item Number:
8.C.IO.
Subject:
Approval of Additional Item to the 1996 Legislative Item Relating
to the Transient Occupancy Tax
County Administrator's Comments:
County Administrator:
ReCC/MMe.v;d ~ v-ttL .
~LL~
BoardAction Requested:
Summary ofInformation:
Last year all the localities agreed to support a change in the Code
of Virqinia to allow localities the option to increase the
Transient Occupancy Tax from a minimum of 2% to a maximum of 6%.
All revenue above 2% would be used to promote business, tourism and
travel in the region.
The Board supported the same legislation last year but it was not
introduced and Henrico County is again requesting regional support
for the change.
Preparer:
~{~
Steven L. Micas
Title:
County Attorney
Attachments:
, Yes
nlJN
L,.j~' 0
, \
1#
Q47
,
'...,'"
@ _on~_
.
^
"
FINANCE
.
~~"~~~
~rr-'
_ 0., clcL
,
-'I
9. Amend section 58.1-3823 of the Code of Virqinia to allow
Henrico. Chesterfield. and Hanover Counties to increase their
transient occupancy tax to a maximum of six (6) percent (up 4%
from the current limit of 2%) with the increase in revenue to
be used for promotinq business. tourism and travel in the
Greater Richmond metropolitan area.
.'
Rationale: If the localities choose to adopt this increase.
a fundinq source would be provided for promotinq travel.
tourism and business in the reqion. This initiative has been
approved bv all localities and will promote reqional
cooperation.
'.,
1\
....
:-,04S-'
,-. .,
-~-- --
Meeting Date:
November 21, 1995
CHESTERFIELD COUNT
BOARD OF SUPERVISORS
AGENDA
Page -=- of~
Item Number:
8. 11.
Subject:
Authorization to Execute a Subordination Agreement for the County's Sewer Assessment Lien
on the Water Tower Shopping Center
County Administrator's Comments:
ReL&JIU1~' /l-Pr~
County Administrator:
~
BoardAction Requested:
Authorize the County Administrator to execute an agreement subordinating the County's sewer
assessment district lien to a new first mortgage for the Water Tower Shopping Center.
Summary ofInformation:
The Water Tower Shopping Center is one of the property's in the Route 10/Landfill
Drive Sewer Assessment District, which was created in 1993. The Shopping Center's portion
of the assessment is $12,522.38 and a lien has been recorded to protect the assessment.
Water Tower Associates, which owns the Shopping Center, is preparing to sell it to a
new owner. However, the purchaser's bank will not allow the sale to close unless the County
subordinates the sewer assessment lien to the new owner's first mortgage. Currently, the sewer
lien is subordinate to Water Tower Associates' $800,000 first mortgage. When the sale takes
place, the $800,000 mortgage will be paid off and replaced by a new $610,000 first mortgage.
Accordingly, the County's lien will be subordinate to a smaller mortgage if the County
subordinates its lien and the sale takes place.
Sewer assessment liens are repaid semi-annually when real estate taxes are paid. The
repayment period is ten years. Sewer improvements were recently completed for the Route
10/Landfill Drive Sewer Assessment District. The landowners' first installment payment is due
on December 5.
Preparer:
~, iAkc~
Title:
County Attorney
0505:12167.1
1#
I
Steven L. Micas
Attachments: DYes . No
./
@ ----
..1
r-.
CJ. A,
'f
Meeting Date:
November 21, 1995
CHESTERFIELD COUNTY \.{
BOARD OF SUPERVISORS
AGENDA
Page -2:.... of2-
Item Number:
9.A.
Subject:
Claim of T & E Construction Co., Inc.
" .
County Administrator's Comments:
!2~~ cI~ r- c/~
/~N~-ft
L.tS.~.
County Administrator:
BoardAction Requested:
Deny the claim of T & E Construction Co., Inc.
Summary ofInformation:
T & E Construction Co., Inc., a utility contractor from Ashland, has made a claim for
$38,089.74 against'the County for work that it was required to perform after a sewer line that
it had installed less than one year earlier began to sink, settle and leak. A copy of the claim
is attached. Staff has reviewed this claim and determined that it is without merit.
In 1991, T & E and the County entered into a contract for approximately $200,000 to
replace an old sewer line in Marlboro Subdivision in Dale Magisterial District. The work was
completed in July, 1992, and by May, 1993, the line had begun to settle and leak. The County
required T & E to replace the line. T & E now claims that it is not its fault that the sewer
line that it installed failed so quickly and is demanding to be paid for repairing its own work.
The project engineer, R. Stuart Royer & Associates, has informed staff that the sewer
line failure could only have been caused by two things, both of which are T & E's responsibility
under its contract with the County: (1) defective materials and workmanship, which T & E is
Preparer:
(Continued)
~,~~ Title:
Steven L. Micas
County Attorney
0505:12074.1
1#
049
I
Attachments:
. Yes
D No
@ -.:.~--
~
~G
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2- ol2...
Summary of Information: (Continued)
required to correct if they occur within one year of project completion, as happened in this
case; or (2) weak soil below the pipe, which T & E is contractually required to report to the
County so that adequate construction methods can be employed at the time of construction to
prevent the kind of settlement and leaking that occurred in this case. T & E failed to report
any weak soil condition to the County as indicated by the attached letter from Royer's
representative. Additionally, an independent soil analysis that was conducted at the time that
T & E performed the repair work was inconclusive as to whether weak soil had caused the
settlement and leaking.
Since T & E is responsible for the failure of the sewer line, it is not entitled to be paid
for repairing it.
0505,12074,1
1#
050
~ .
T & E CONSTRUCTION CO., INC.}~
-- --o.r-
....:.:...-.
"',": '-
WATERMAINS . GASLlNES . SEWERLlNES . STORM DRAINAGE
October 25, 1995
Board of Supervisors
Chesterfield County
c/o Lane B. Ramsey, County Administrator
9901 Lori Road
P. O. Box 40
Chesterfield, Virginia 23832
Re: Marlboro Subdivision Sewer Rehabilitation
Project No. 89-0924
Dear Sirs:
T & E Construction Co., Inc. performed certain repairs to the
settlement of a sewer line installed along Lancer's Blvd. at the
request of Chesterfield County. The Chesterfield Department of
Utilities has accepted and is pleased with the repair work.
The Department of Utilities previously acknowledged responsibility
for a portion of the attached invoices but refused to pay the
invoices in full. Our attorney has recently been advised by the
County Attorney's Office that the Department of Public Utilities
now is not willing to pay any portion of the invoices, apparently
because it contends that the repairs were covered by a warranty
given by T & E Construction several years ago when it installed
the initial sewer line. However, the warranty only covered problems
caused by defective workmanship or the use of defective materials.
!The settlement of the sewer line was not the result of defective
;materials and/or defective workmanship. Therefore, the work was
,not covered by the warranty given by T & E Construction.
;Pursuant to Va. Code ~ 15.1-550, T & E Construction Co., Inc.
:hereby makes a claim to the Board of Supervisors for the payment of
the invoices attached hereto in the total amount of $38,089.74.
Yours truly,
c:'~/ ~.'
homas C. Harris, President
T & E CONSTRUCTION CO., INC.
/phm
Enclosures
c: John S. Morris, III, Esq.
Stylian P. parthemos, Esq.
(;,{ OS1
10017 WHITESEL ROAD . ASHLAND. VA 23005 . (804) 752-6007 . FAX (804) 752-6008
,
, ,
.
.
T & E CONSTRUCTION CO., INC.
WATERMAINS . GASLlNES . SEWERLINES . STORM DRAINAGE
INVOICE
October 24, 1994
Marlboro Subdivision
ea Ditch Box (Inv. #10630)
ea Ditch Box (Inv. - Barksdale Const.1
Asphalt Roller Rental (Inv. #10431)
Asphalt Roller Rental (Inv. #201164)
10" D.I. Pipe @ 11.~0 + 4~% Tax
Ferncos & Fittings (Inv~ #0235384 - Waterworks)
6"D.I. Pipe @ 6.~0 + 4~% Tax
lOx 6 MJ Tee @ 131.70 + 4~% Tax
10xl0 Ferncos @ 20.00 + 4~% Tax
As~halt Tacking (Inv. #63806 - Southside Bdlg.)
Portland Cement @ 5.95 + 4~% Tax
Concrete Mix @ 3.57 + 4~% Tax
Concrete Mix & Portland Cement (Inv. #22138)
Post for Signs (Inv. #44430 - Lee Jones)
Traffic Signs (Inv. - P.D. Brooks)
Proff. Servs. - Froehling & Robertson
Truck Rental (Hauling - Allard Ents.J
Dump Fee (Inv. #0042967 - Sanifill)
Dump Fee (DuVal Development)
Asphalt Overlay (Interstate Const.)
Grass Seed (Inv. #011153 - Wilson Feed)
Porta-John (S.B. Cox)
Topsoil (Invs. #09467 & #09468 - Greenwood)
Asphalt (Invs. #79081,79790,79080 - Apac)
Stone (Invs. #18527;18738,181765,19700)
(Tidewater Quarries)
11 days Crew Time @ 1,700.00
SUB TOTAL .,
44 LF
8 LF
ea
4 ea
4 ea
8 ea
GRAND TOTAL -----------~-~-----~-----
x 20%
836.00
1,000.00
105.50
105.50
505.78
41.80
55.18
137.63
83.60
29.16
24.88
29.85
54.72
131 .67
1.342.82
1,001.00
808.50
617.50
70.00
3,100.00
15.15
122.67
168.00
1,906.47
748.07
18,700.00
31,741.45
6,348.29
$38.089.74
052
507 WHITESEL ROAD' ASHLAND, VA 23005 . (804) 752-6007 . FAX (804) 752'6008
! ,~
. .
R. STUART ROYER & ASSOCIATES, INC.
CONSULTING ENGINEERS AND SURVEYORS
Y-u '.91M
1503 SANTA ROSA ROAD, SUITE 211 RICHMOND, VIRGINIA 23229
(804) 281.0901 FAX (804) 281.0962
PRINCIPALS
H,C, BRAUN, P,E,
R.O, HART, P,E,
G.A. WEISHAAR. P.E.
H, WILEY, CONST. ADMIN,
ASSOCIATE
E,P, DIEL, P,E,
CONSULTANT
T,F, TURNER, JR., P,E,
.
".-.' ,
~.
December 17, 1993
Mr. Robert B. Wilson, P.E.
utilities Engineer, DPU
Chesterfield County
P.O. Drawer 40
Chesterfield, Virginia 23832
Re: Marlboro Subdivision
Sewer Rehabilitation
Project No. 89-024R,
RSR&A Project No. 9057
Dear Mr. Wilson:
We have reviewed Mr. Harris's (T&E Construction Co., Inc.) letter
of October 28, ,1993 and we offer the following comments.
Mr. Harris aclmowledged the line has undergone settlement and our
only conclusion is the line was not properly installed.
He references soil conditions as a possible cause of settlement,
however contrary to Mr. Harris' assertions, the contract provides
that it is the Contractor's responsibility to notify the Owner in
writing of subsurface or latent physical conditions at the site
differing materially from those indicated in the Contract
Documents, or of physical conditions at the site, either unknown or
differing materially from those ordinarily encountered.
We have no correspondence from Mr. Harris's office requesting our
assistance on a foundation problem, we also were on the site on
several occasions and at no time were we requested to investigate
the foundation or given any indication there might be a problem.
In view of the above, and the fact that the Contractor is bonded
for one year for workmanship, we believe the repair work is clearly
his responsibility.... '" '
Should you have any. questions please do not hesitate to call.
Sincerely, ,
R~ STUART ROYER & ASSOCIATES, INC.
,
By
053
,')
'-"
CI,13
Meeting Date:
November 21, 1995
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
1 2
Page _of_
Item Number:
9.B.
Subject:
Claim of Willie O. Grubb and Frances B. Grubb
County Administrator's Comments:
Ke C {J 1M m tAJ iuM iaL
County Administrator:
L~/--J~, f- [,8.e.
BoardAction Re~uested:
Deny the claim of Mr. and Mrs. Grubb
Summary ofInformation:
Willie O. Grubb and Frances B. Grubb have made a claim against the County for
$150,000 as a result of the construction in 1990 of a sewer line in a County easement across
unimproved property owned by them on Jefferson Davis Highway in the Bermuda Magisterial
District. A copy of the claim is attached. Staff has investigated this claim and determined that
it is without merit.
In May, 1990, the County acquired a sewer easement from the Grubbs for the
construction of a sewer line as part of the Route 1/301 Sewer Assessment District. The
original proposed lOcation of the easement would have avoided a two acre, man made pond
on the Grubb's property. However, at the Grubbs' request, the County moved the easement
so that it ran directly under the pond. The Grubbs indicated that they wanted the sewer line
to go under the pond so that the maximum amount of their property would be developable.
(Continued)
preparer:~. ~I~
Steven L. Micas
Title:
County Attorney
0505:12073.1
1#
054
I
Attachments:
. Yes
D
No
@ -""""""""""-
A
-.
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2- of..2...
Summary of Information: (Continued)
The County's construction plans called for the pond water level to be lowered at the
time of construction. However, when the time to construct the line arrived, Mr. Grubb
indicated that he no longer wanted the pond on the property and asked the County's sewer line
contractor, Stamie Lyttle Company, Inc., to remove the pond from his property altogether by
breaching the dam. Lyttle complied with Mr. Grubb's request. The County was required to
pay an additional $4,329 in construction and engineering costs to comply with the Grubbs
request to move the easement and drain the pond. A copy of the letter from Lyttle's
representative explaining the circumstances that led to the removal of the pond is attached.
Apparently, the Grubbs have now decided that they want the pond back on their
property and have demanded that the County reconstruct it pursuant to the restoration
provision of the standard County sewer easement. However, since the pond was removed from
the property at the Grubbs' request, it is now the Grubbs' responsibility to reconstruct it, not
the County's.
In addition to the County's valid factual defense to this claim, the claim is likely barred
by the statute of limitations.
0505:12073.1
1# 055
..,JOSEPH W. KAESTNER
BRIAN R. PITNEY
BRIAN H, JONES
JOHN B. MORIARTY. JR.
MARC E. YEAXER
PATRICIA A. F'HIL.L.IPS
Faith Davis, Clerk
Board of Supervisors of
Chesterfidd County
P,O. Box 40
Chesterfield, VA 23832
~
KAESTN ER & PITN EY
.
lAW OI"I"ICES
A PROFESSIONAL CORPORATION
422 E. FRANKLIN STREET. 2ND FLOOR
THE IMPERIAL BUILDING
POST OF"FICE Box 2462
R'CHMOND, VIRGINIA 232 18-2462
(804) 648'280 I
TELEFAX (804) 648-3 I 27
October 20, 1995
RE: Willie and Frances Grubb v, County of Chesterfield
Dear Ms, Davis:
Enclosed'please find an original Amended Claim in the above matter that I would
appreciate you filing, Thank you for your cooperation,
cc: Stylian p, Parthemos
Very truly yours,
~ ~
Brian R. Pitney
.
.'--...
056
.
.
VIRGINIA:
;.~ I .
BEFORE THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD
WILLIE 0, GRUBB,
and
FRANCES B, GRUBB,
Case No,
Claimants,
v,
COUNTY OF CHESTERFIELD,
Respondent.
SERVE:
Steven Micas, County Attorney
9901 Lori Road, Room 503
Administration Building
Chesterfield, VA 23832
AMENDED CLAIM
Come now the Claimants, Willie O. Grubb and Frances B, Grubb, by counsel, and files the
following in support of their Claim against the County of Chesterfield pursuant to Virginia Code S
15,1-550:
1. Claimants are the owners of a tract ofland located in the County of Chesterfield,
Bermuda District, the deed to which is filed in the Clerk's Office, Deed Book 194, Page 1042,
Tax Map, No, 116-01(1)1.
2, The tract ofland in question consists of 10,858 acres, and is more particularly
described by a plat prepared by R Stewart, Lawyer & Associates, Inc. Dated November 30, 1989
and revised January 19,1990, January 22,1990 and May 10,1990, a copy of which is attached
1
057
.
.
hereto.
3, On May 21, 1990, Claimants entered into a "Sewer Easement Agreement" with the
Respondent County of Chesterfield for the construction ofa sewer line across Claimants'
property. A copy is attached hereto as Exhibit A.
4, Respondent County of Chesterfield contracted this project to Stamie E, Lyttle Co"
Inc,
5, Pursuant to its temporary construction easement, Respondent Chesterfield County
was granted pennission to enter into the pr0perty of Claimants for the sole and expressed purpose
of constructing an underground sewer'system across the eastern edge of the property,
6, A pond and earth dam was present on the property prior to the Claimants and
Respondent Chesterfield County entering into the Sewer Easement Agreement. The pond
consisted of approximately two (2) acres in area, and the dam was situated within Respondent
Chesterfield County's easement and within the line of the proposed sewer line, The existence of
the pond and dam was known to the Respondent County at the time the Respondent County
entered into the easement agreement.
'7, Paragraph Six (6) of the Sewer Easement Agreement provides as follows:
"County, its agents, and employees shall have the right to alter or
remove any structures or obstructions, nature or artificial, in the
easement which it deems in anyway to interfere with the property and
efficient construction, operation, or maintenance of the utilities in the
easement; provided. however. that except for trees. limbs and
undergrowth. County shall repair. restore. or reo lace all facilities
located in the easement which may be disturbed. damaged or removed
to as nearly as possible their orilrinal conditions. County shall remove
all trash and other debris from the easement and shall restore the
surface thereof to as nearlv as possible its original condition,
(emphasis added),
2
058
.
.
8, At all times relevant to this action, Stamie Lyttle Company, Inc, acted as agent for
Respondent County in the construction of the sewer line across Plaintiff's property, Lyttle acted in
the course of and within the scope of its agency,
9, In order to construct the water and sewer line this was the subject of the easement,
the Respondent County, through its subcontractor, breached the dam and drained the pond in order
to construct the sewer line.
10, Under the Sewer Easement Agreement the Respondent County was required to repair,
restore or replace any facility on the land that was damaged or removed as a result of the
construction, and to restore the surface of the property to its original condition,
11. Respondent County has failed to cause the dam to be rebuilt or the pond to be
replaced.
12, Respondent County is clearly in violation of its obligations and has clearly breached
\
the Sewer Easement Agreement entered into with Claimants.
13. Respondent County is responsible for the draining of the pond, and as such,
Respondent County should bear the burden and the cost of replacement of the pond pursuant to its
obligations under the Sewer Easement Agreement.
14, Respondent County's actions and inactions in violation of the Sewer Easement
Agreement have also caused a substantial diminution in the value of Claimants' property.
15, Claimants have suffered lost profits as a result of the decrease in the marketability of
the property,
16. Claimants have fulfilled their obligations under the Sewer Easement Agreement,
17, Claimants are entitled to specific performance in that any remedy at law would be
3
059
.
.
inadequate, since Claimants would be required to expend in excess of Forty Thousand Dollars and
00/100 ($40,000,00) to rebuild the pond to conform to federal, state, and local requirements,
WHEREFORE, Claimants pray that the Respondent be ordered to specifically perform the
agreement entered into with Claimants as aforesaid, to pay to Claimants damages of One Hundred
Fifty Thousand Dollars and 001100 ($]50,000,00), and that Claimants may have such other further
and general relief as the nature of this case may require.
Respectfully submitted,
WILLIE O. GRUBB
FRANCESB,GRUBB
By:
\Y'
~
Counsel
Joseph W, Kaestner
Brian R. Pitney
KAESTNER & PITNEY
P,O. Box 2462
422 East Franklin Street
Richmond, Virginia 2320]-2462
(804) 648-280]
4
060
.
.
AFFIDAVIT
I hereby swear under oath that the above allegations are true accurate to the best of my
knowledge and belief.
CES B. GRUBB
VIRGINIA:
IN THE C~ of ZcAlnarcl, to wit:
),hereby certit'y that Willie O. Grubb and Frances B. Grubb appeared before me on this~
day ofr;cti:1b:>.JL , 1995 and swore to the same, and that I am a certified Notary Public for the
CO~O"_" ofVi,~ru,. .~~
My commission expires: II / 30 /91--
5
061
..
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CERTIFICATE OF SERVICE
.
I hereby certifY that a true and accurate copy of the foregoing document was mailed this 1. c
O'-'f-l~ .
day of ~kl'klll&er, 1995 to Stylian P. Parthemos, Senior Asst. County Atty., P,O. Box 40,
Chesterfield, VA 23832,
i'1r V'9--
6
062
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M"o Section:
PI ;ject No. :
Ec ;ement No.:
116-2
88-0251/7 .
89-0684
COUNTY OF CHESTERFIELD, VI~GINIA
SE' J::R EASEMENT AGREEME~
THIS AGREEMENT; d,'1.':ed MAY 21, 1990, by and between WILLIE O.
GRUBB and FRANCES B. .Q~UBB, (husband and llife), and their heirs,
successors, and assign'l ("OWNER") and the :OUNTY OF CHESTERFIELD,
VIRGINIA, a political ;;ubdivision of the C:mmonwealth of Virginia
( "COUNTY" ) .
WITNESSETH: That for and in consider~tion of the sum of one
dollar ($1. 00), and 0 t.er good and valuable consideration, the
receipt of which is ar knowledged, OWNER ,:;,::ants and conveys' unto
the COUNTY a perpetual easement to insta:l, construct, maintain,
:inspect, operate, repa~r, alter, replace, and remove, sewers with
manholes, and other ap~urtenant facilitie~ for the collection and
,transmission of sewag, and other waster; through saids,ewers,
within the easement across the property . f the OWNER located in
BERMUDA District, Che":erfield County, '1.rginia, together with
all the rights and prIvileges hereinaftel' enumerated pertaining
to the easement, incluling a temporary construction easement, all
as more particularly iescribed and indlfl3.ted on a plat by R.
STUART ROYER & ASSOCI.~'rES, INC., dated :'OVEMBER 30, 1989, and
revised JANUARY 19, 1~90, JANUARY 22, 1950, and MAY 10, 1990, a
copy of which is att ;;.ched to be recorc:ed as a part of this
easement agreement.
This easement is grant~!d subj ect to the fo:.lowing conditions:
1. All sewers , manhc les, and appurtenar~: facilities which are
installed in the easem:lIt shall be and reIr'flin the property of the
COUNTY.
2. At no time shall OWNER charge COUlll'Y for the use of the.
property occupied by :OUNTY or for the ,',rivilege of exercising'
the rights granted und.'r this agreement.
3. COUNTY, its age Its, and employees for the purpose of
inspecting, maiQtainin'1, or operating itf facilities shall have
the right of ingress to and egress from the easement over the
property of OWNER ad: acent to the easenent and lying between
public or private road? and the easement J.n such manner as shall
occasion the least pra;ticable damage and inconvenience to OWNER.
COUNTY shall repair da~age to roads, fencps or other improvements
while exercising this right of ingress ant! egress and shall pay
OWNER for any damage d.-me in the exercise of its right of. ingress
and egress, provided mINER gives written rntice thereof to COUNTY
within sixty days after such damage occurs.
063
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4. COUNTY, its agent.., and employees shill have the ,right ~o
relocate within theeasqment, and to make additions, extensions,
alterations, . or substitutions therein, .:.ncluding the right to
install additional line~ in the easement, as COUNTY may from time
to time deem advisable or expedient.
5. COUNTY, its agents, and employees shall have such rights and
privileges as may be rtJasonably necessary for the full enjoyment
or use ,and for any of the aforesaid purposes of the easement
herein granted.
6. COUNTY, its agent." and employees shall have the right to
alter or remove any structures or obstructions, natural or
artificial, in the easement which it deems in any way to
interfere with the proper and efficient clmstruction, operation,
or maintenance of the utilities in the easement; provided,
however, that except for trees, limbs, and undergrowth, COUNTY
shall repair, restore, or replace all facilities Iodated in th~
easement which may be disturbed, damaged or removed to as nearly
as possible their ori~inal conditions. COUNTY shall remove all
:trash and other debris from the easement and shall restore the
surface thereof to as r~arly as possible :ts original condition.
7. OWNER reserves thl~ right to make use of the easement herein
granted in a manner "(:iich is not inconsistent with the rights
herein conveyed, or wh ':ch does not interf,,-ce with the use of the
easement by COUNTY for the purposes of this agreement. However,
OWNER shall not erect any building or other structure, except a
fence, on the permanEcnt easement without obtaining the prior
written approval of COJ~. Further, OWNP~ shall not erect any
building or other structure, except a fence, on the temporary
construction easement prior to or during construction of the
utilities in the adjacent permanent easement.
8. Upon completion of any construction, repair, alteration,
replacement, or removal of sewer lines or appurtenant facilities,
the temporary easement shall be inoperative and of no force and
effect.
9. This grant covers all the agreements between the parties and,.
no representation or .,tatements, verbal or written, have been
made which modify, add to, or change the terms of this agreement.
Witness the follo,\'!ng signature(sl:
:l
8.J~ 0 ~r?-
WILLIE O. GRUBB F
0(-)4
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APPROVED AS TO FORM:
I, LANE B. RAMSEY, County
Administrator, authorized
Agent o~ the Board of
Supervisors of Chesterfield
County. Virginia, do hereby
accept:his conveyance on
behalf)f the Board: of
Supervisors pursuant to
authori~y vested in me by
Resolution of the Board of
Supervisors duly adopted.
ASSISTANT COUNT"i ATTOID1EY
EXEMPT FROM TAXATION
PER VA CODE SECTION
58.1-811 1\(3)
For Cou~ty Administrator
State of
City/County of
,
, to-wit:
I, , a Notary Public in and for
the City/County and State aforesaid, do hi!reby certify that this
day personally appeared before me in my jurisdiction aforesaid
WILLIE O. GRUBB and FRANCES B. GRUBB, (h~sband and wife), whose
names are signed to thn foregoing writing dated MAY 21, 1990, and
acknowledged the same before me.
Given under my ha1:'d,
19
My commission expires:
NOTARY PUBLIC
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TA. 46to78.4D
JOHN W. JR. a
MARTHA C. GIBBS
DB. 1976 PG. 47
116-2-e28
STA. 4,.78.4'
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JOHN F. ALEXANDER
DB. 1189 PG. 242
116.2-Q}2~
~O' CONSTRUCTlON
....EMENT
116-2{!)-2
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.U'~'" W t
WILLIAM H. a
EVELYN E. MOORE
DB.1918 PG.220
116-2.(1).41
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IC4tCH ~11.32
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STA. 34.015.49
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PLAT SHOWING EASEMENT TO BE
ACQUIRED CROSSING THE LAND NOW, '
BELONGING TO WIUIE O. 8 FRANCES '
B. GRUBB' :,> , :1.>" " '
BERMUDA DISTRICT '
C....ESTERFIELD COUNTY. VIRGINIA
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APPROXIMATE
WATERUNE
OF OLD POND.
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R. STUART ROYER I< ASSOCIATf'S. INC,
CONSULTING ENGINEERS I< SURVEYORS
R1CIIlIOND. VIRGINIA
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L YrrLE UTILITIES, INC.
P.O. BOX 24272
RICHMOND, VIRGINIA 23224
(804) 232-6777
FAX (804) 231-9613
August 23, 1993
Mr. Dean Sasek
Department of Utilities
Right of Way Section
P. O. Box 40
Chesterfield, Virginia 23832
Re: Willie Grubb
Dear Mr. Sasek:
In 1990, Lyttle Utilities constructed a sewer line for the County along property
adjacent to Route 1/301. The project was known as the Route 1/301 Sewer Assessment
District, Project #88-0251. A portion of the sewer line was constructed across property
owned by Willie Grubb.
The County's specifications for the project originally called for the sewer line to
be aligned across Mr. Grubb's property so that the line would avoid a pond that is
located on the property, However, during the project, Mr. Grubb directed me to breach
the dam for the pond, drain the pond, and realign the sewer line to go across the area
where the pond was located. Mr. Grubb informed me that he did not want the pond
on his property. The County concurred with Mr. Grubb's request, and we then breached
the dam and drained the pond. The County did not want to remove the pond from Mr.
Grubb's property, but the County agreed to the pond's removal and a realignment of the
sewer line as an accommodation to Mr. Grubb because Mr. Grubb preferred the sewer
line to be located in the area ,of the pond instead of where the County's ,plans originally
called for it to be located. A change order to Lyttle's contract with the County was then
executed to reflect the work that Mr. Grubb requested. This change order increased the
contract price to the County by $4,329.
>>~~~
David Paulette
Vice-President
Lyttle Utilities, Inc.
0(;7
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
,........-.-..
Page 1. of ' 1
1--.......
Meeting Date:
November 21. 1995
Item Number:
lO.A.
Report On:
Developer Water and Sewer Contracts
Background:
The Board of Supervisors has authorized the County Administrator to
execute water and/or sewer contracts between the County and the
Developer where there are no County funds involved.
The report is submitted to the Board members as information.
Summary of Information:
The following water and sewer contracts were executed by the County
Administrator:
1.
Contract Number:
Project Name:
94-0268
Foxcroft, Section X
Developer:
Contractor:
Delmarva Properties, Inc.
Stamie E. Lyttle Company,
Inc.
District:
Matoaca
$55,040.00
$94,580.50
Contract Amount:
Water Improvements -
Wastewater Improvements -
Prepared By:
Jr.
County Administrato~fv{ g~
Attachments:
. Yes DNo
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Ofi8
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Agenda Item
November 21, 1995
Page 2
2 .
Contract Number:
Project Name:
Developer:
Contractor:
Contract Amount:
District:
.
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95-0181
woodside Road Waterline Extension
Wesley F. & Doris F. Burton,
and Russell G. & Janice B. Blakley
William M. Harmon Contractors
Water Improvements -
Bermuda
$7,875.00
069
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Meeting Date:
Subject:
8.
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
November 21, 1995 Item Number:
1 1
Page _of_
10.B.
Status of General Fund Balance, Reserve for Future Capital
f- PEoject~~_~i~trict Road ~nd Street Light Funds, Lease Purchases;
County Administrator's Comments:
County Administrator:
BoardAction Requested:
, SummaryofInformation:
Preparer:
jd
I13t
Lane B. Ramsey
Title: County Administrator
Attachments: '
. Yes
#" ....
o No
1#
070
@ _On"""","",,,_
BOAR[)
MEETING
[)ATE
07/01/95
09/13/95
09/08/95
09/08/95
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CflESTERFIEL[) COUNTY
GENERAL FUND BALANCE
Novemher 14,1995
[)ESCRIPTION
FY96 Budgeted Beginning Fund Balance*
Continue operation of Winterpock
[)umpster sites on weekends thru
06/30/96
Appropriation of fund balance to t,'ansfer
exccss FY95 'Ictual state sales tax to
schools
Transfcr of unspent FY95 school oper'at-
ing gcncral fund dollars to school c'lpital
improvemcnt rcser'Vc
* Pending OlJtcOJlle of ;lIHlil.
.
AMOUNT
(71,000)
(32,750)
(401,062)
BALANCE
$22,327,600
$22,256,600
22,223,850
21,822,788
0'71.
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CHESTERFIELD COUNTY
RESERVE FOR FUTURE CAPITAL PROJECTS
TRADITIONALLY FUNDED BY DEBT
November 14,1995
Board
Meeting
Date Description Amount Balance
FY89 Excess revenue $2,119,900 $2,1\9,900
FY90 Budgeted addition $1,881,500 $4,001,400
Designation from June 30,1989 $1,500,000 $5,501,400
Fund Balance
11/22/89 Purchase of land-Cogbill Road ($630,000) $4,871,400
12/\3/89 Purchase building 1Il6701 West ($400,000) $4,471,400
Knlllse RO}ld
06/30/90 Budgeted addition of excess $2,100,000 $6,57\ ,400
revenue
06/13/90 Purchase medic'll huilding for ($735,000) $5,836,400
fntnre libnll'Y site
06/27/90 Fnnds to purchase land for park ($600,000) $5,236,400
on Lake Chesdin
06/27/90 Bndgeted but not appropl'iated funds ($2,000,000) $3,236,400
to purchase land 1'01' school
and park sites
FOR FISCAL n=AR '91 BEGINNING JULY I. 1990
12/12190 Fill dirt for covel' repair at Fort ($180,000) $3,056,400
Darling Landfill
06/30/9 I Budgeted addition from FY91 $4,000,000 $7,056,400
revenues
rfcip,wk4
072
. 03/13/91
.
Designated bnt not appropriated
funds to cover construction
contnct for MH/MRJSA building
if bonds are not sold in
fall,1991
.
($1,806,800)
$5,249,600
FOR FISCAL YEAR '92 BEGINNING JULY I. 1991
07/01/91 Regional Jail Authority as ($1,000,000) $4,249,600
appr'oved in the FY92 Adopted
Bndget (which will be reimbursed)
08/28/91 Pl'Ovide funding for impl'Ovements ($315,000) $3,934,600
at Northern Area Landfill
to allow reallocation of
General Fund dollars to recycling
programs
08/28/91 Additional funding for Bon Air ($275,500) $3,659, I 00
Libnll)' expll/lsion
08/28/91 Add back M H/M R building funds $1,806,800 $5,465,900
which were pr'eviously deducted
for construction
11/27/91 Appropriated fnnds for T. V. ($115,000) $5,350,900
arraignment equipment hnt holding
in rCSl"'ve account nntil prices
and all costs are confirmed
03/27/92 Add back funds previously deducted $2,000,000 $7,350,900
to purchase land for school
and par'k sites
03/27/92 Funds designated for interest ($1,400,000) $5,950,900
cost in FY94 due to 'lccelerated
1988 School bond issue
04108/92 Desiguated funds for Ceuter- ($2,314,800) $3,636, I 00
12114/94 Pointe Fire Station construction
in FY95
rfcip,wk4
073
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EQR FISCAL YEAR '93 BEGINNING ,/IlLY I. 1992
04/08/92 FY93 budget addition $2,600,000 $6,236,100
04/08/92 FY93 Capital rro,jects (revenue ($1,000,000) $5,236,100
sharing roads $500,000; indus-
trial access $300.000; drainage
$200,(00)
04/08/92 Funds to convert Meadowdale ($1,386,500) $3,849,600
Boulevard building into Hopkins
Road Lib,'ary
04/08/92 Funds to construct lights along ($500,000) $3,349,600
IHlI'tions of .IetTersou Davis Hwy
05/13/92 Fuuding for enH,rgency access for ($80,000) $3,269,600
M illside subdivision coutiugent
upon necessary right-of-way
,.cquisition
07/22/92 Fundiug for design phase of .Iail ($500,000) $2,769,600
Anll(~x
07/22/92 Funds to purch,.se Castlewood ($315,000) $2,454,600
08/31/92 Budget Change Request to fund ($14,000) $2,440,600
weIland study of property on
Cogbill Road
09/09/92 Supplement to finish improvements ($13,400) $2,427,200
to intersection of I~iver and
\Valkes Quarter roads
09/09/92 Fllnds 1'0" Charter Colony r,\rkway ($140,000) $2,287,200
09/09/92 Sidewalk at Enon Libnll')' ($20,000) $2,267,200
11/12192
Designated and appropriated, if
needed, fuuds to cover shortfall
in coustl'llct;on of Puhlic Safety
Training Building
($326,000)
$1,941,200
11/24/92
I nrrease fmm FY92 Results of
Operatious
$661,550
$2,602,750
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0'74
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12/09/92 UlIllpproprillted fundiug for TV $115,000 $2,717,750
arraignlnent
12/09/92 Appropriated $1,941,200 balance ($2,717,750) $0
plus $661,550 addition from FY92
ending fund balance and use of fuuds
previously appropriated for TV
alTaignment $115,000 for Jail Annex
12/09/92 Unapproprillted funds from 11/12/92 $139,980 $ 139,980
appropriation for construction
of Public Safety Training
Building
12/09/92 Appropriated (0 cover- sho,.tflll/ ($139,980) $0
in constrnction of .Jail Annex
06/30/93 Enon Libnll'y Sidewalk- $13,401 $13,401
prf>,ject complete
06/30/93 Fnnds whicb w{,re not needed for the $186,020 $199,421
Public SlIfety Training Building.
Intel'est on the bonds was
suflici{,nt to cov{,r this "ppro-
prilllion.
FOR FISCAL YEAR '94 BEGINNING JULY I. 1993
05/12/93 Appropriated FY94 funds for Cedar ($35,000) $164,421
Springs Rnral Road addilion (FY94
S{,w'llfary Road Improvement)
07/0 I /93 FY94 Budgeted Addition $3,500,000 $3,664,421
07/01/93 FY94 ClIpilll' Pl'Ojects ($2,793,000) $871,42J
07/28/93 Appropriated funds 10 cover entire ($80,700) $790,721
cost of Keithwood/Uylton Park
Ilrainag{, I"'oj{,d.
08/25/93 SUpplenH,ntlll revenue sharing match ($200,000) $590,721
for FY93 to fund Ledo ROlld
rfcip,wk4
075
S · .. ~ .
09/08/93 , upplemental appropnatlOn or ($91,000) $499,721
Cha,'ter Colony Parkway
10/13/93 Transfer for Northern Area ($370,000) $129,721
Landfill
11/23/93 Transfer from fund balance $2,800,000 $2,929,721
as per Section 18 of the
fY94 Appropl'iations Resolution
11/23/93 Transfer 1'01' Phase I development ($660,000) $2,269,721
of the Warhro Road Athletic
Complex
12/1 S/93 Ilesignation for .John Tyler ($2,269,721 ) $0
comlllitment pending decision
on Tlond Referendum date,
04/27/94 Reduce designation for .Iohn $49,400 $49,400
Tyler Community College by
$49,400 to $2,220,321
04/27/94 Designate fnnds in order to ($49,400) $0
hegin advance work needed to COIl-
struct the Christmas Mother and
County \Varehouse (These funds
will he returned after ,Iuly 1)
OS/2S/94 Reduce designation for .Iohn $500,000 $500,000
Tyler Community College hy
$SOO,OOO to $1,720,321
OS/2S/94 Transfer funds to begin I'epai.-s ($SOO,OOO) $0
on the Ettrick/Matoaca and
La Pnldc hnlnch lil)I.",.j(~S
06/08/94 RcI{,ase funds designated for $1,720,321 $1,720,321
.Iohn Tyler Comlllunity College
06/08/94 I:lealth Center Commission for ($1,000,000) $720,321
06/14/9S new uursing home facility
06/22/94 Transf{,,' to Midlothi'lJI Tlrand,
Lihra,'y to fully fund pro,ject ($490,100) $230,221
rfcipwk4
076
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EQR FISCAL YEAR '95 BEGINNING JULY I. 1994
07/01/94 FY95 Budgeted Additiou $4,850,000 $5,080,221
07/01/94 FY95 Capital Projects ($3,675,000) $1,405,22\
07/01/94 Return funds advanced $49,400 $\ ,454,621
to bcgiu construction on
Christmas Mother
Warehouse.
07/27/94 Transfer to C10vcr Hill Sports ($200,000) $\ ,254,621
Complex
09/20/94 Return unused funds from $\2,361 $\,266,982
Meadowdale Library Project
09/28/94 Tnlnsfcr for LaPrade, Ettrick- ($\60,000) $1,106,982
Matoaca Branch Lihrarics
Rcnovation
11/22/94 Transfel" from Fund Ralance as $3, I 00,000 $4,206,982
pcrScction 18 of Ihe FY95
Appropriations Rcsolution
02/22/95 Transfer to purchasc land and ($152,000) $4,054,982
and building within the county
wm plcx
03/22/95 Transfer for prcparation of ($300,000) $3,754,982
constl'uction plans to rehuild
Woo!l'idgc Roml
04/12/95 Third h'llIfidd al Warhro Complex ($150,I)t)O) $3,604,982
04/12195 Ilcallh Ccnter Commission for
06/14/95 ncw nursing homc facility (1,500,000) $2,104,982
06/30/95 Rcturn of funds from capital 3,63\ $2,108,612
projcl,IS which arc finishcd
FOR FISCAL YEAR '96 B~:GINNING .JIlLY I. \995
04/12/95 Additional Transf"r 10 Schools (\,205,600) $903,012
04/12/95 For Ilse by County (475,700) $427,312
rfcip,wk4
077
~ .
04/12/95 Addition to Fnnd Blllllnce (230,000) $197,312
04/12/95 FY96 Budgeted Additiou 6,400,000 $6,597,312
04/12/95 FY96 Cllpitlll Projects (5,494,700) $1, I 02,612
04/12/95 County uses for cllpitlll purchases ( 400,000) $702,612
05/10/95 Retlll'll of unused funds from Fair 10,425 $713,037
Exhihition Warehouse (project complete)
07/0 I /95 Supplementlll revcnue shllring (50,000) $663,037
match for rOlld projects up to
a maximum of $50,000
07/26/95 Right-of-way acquisition for (200,000) $463,037
Coalhonl/OUenjale ('<lIII1CC/O" l'Oad
(contingcnt on Vulcan commitment)
07/26/95 Fire suppression systcm for (25,000) $438,037
Eppington
09/08/95 Closure of Ramhlcwood/Enon 39,661 $477,697
L>nlill~lgc project; return of excess
$ to funding source
09/13/95 Ucnricus Visitor's Ccntcr, Phase I (100,000) $377,697
09/30/95 Closure of Ledo Road Pl'Oject 15,968 $393,666
rfcipwk4
078
.
.
Prepared by
Accounting Department
October 31, 1995
SCHEDULE OF CAPITALIZED LEASE PURCHASES
Outstanding
Date Original Date Balance
Began Descrintion Amount Ends 10/31/95
APPROVED AND EXECUTED
12/88 Airport State Police
Hangar Additions 128,800 73,190
County Warehouse 331.200 12100 188.203
Total 460,000 261,393
03/89 Geographic Information
System ("GIS") -
Automated Mapping
System 3,095,000 3/98 1,320,000
10/92 School Copier 22,797 9/97 9,497
10/92 School Copier 23,322 10/97 11,065
10/92 School Copier 18,750 10/97 8,973
09/93 School Copier 36,605 8/98 23,633
*12/93 Real Property Lease/
Purchase 17.510.000 12/01 14,575.000
TOTAL APPROVED $2 Ll 66.474 $16.209.561
AND EXECUTED
PENDING APPROVAL AND/OR EXECUTION
None
*Second Refunding of Certificates of Participation, Series 1985
080
10 ,c. '
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
November 21, 1995
1 1
Page _of_
Meeting Date:
Item Number: 10. C.
Subject:
Roads Accepted into the State Secondary System
County Administrator's Comments:
County Administrator: ~ I--Jcu~r ~
BoardAction Requested:
Summary ofInformation:
~/-I~
Preparer: -t-. ~ Title:
Lade B. Ramsey
County Administrator
Attachments:
. Yes
D No
1#
081.
I
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DRAFT
1996 LEGISLATIVE PROGRAM
ADMINISTRATION OF GOVERNMENT
1. Amend ~ 46.2-395 of the Code of Virginia, which allows the courts to suspend
an operator's driver's license due to non-payment of court fines and costs,
to include the ability to restrict such an operator's license as well.
Rationale: Most courts are reluctant to suspend operator's licenses for non-
payment of court costs and fines because operators need driver's licenses to
sustain their employment. Allowing the courts to restrict driver's licenses
would still punish the driver for non-payment of fines and allow them to
continue to drive to their place of employment in order to earn money to
satisfy their debt.
FINANCE
2. Authority to allow real property exemptions for Iverson Properties, Inc., Terjo
Properties, Inc., and Winters Hill Properties, Inc.
Rationale: The County has received a request for a real property tax
exemption from three corporations who own or are in the process of
purchasing group homes for the mentally retarded. These homes are
operated under an agreement with the Chesterfield County Community
Services Board. (Aooroved bv resolution of Board of Suoervisors on
November 21. 1995)
3. Authority to allow real estate tax exemption for Habitat for Humanity,
Rationale: During the time Habitat for Humanity is rehabilitating or building
homes, the property remains taxable. Since Habitat for Humanity, as a non-
profit organization, is providing a valuable public service in upgrading housing,
it is appropriate to provide a local real estate tax exemption.
0800:11495,5
Adopted by B/S 11/21/95
-1-
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.
4, Legislation to fund all certified public law enforcement training academies
(inEjependeRt aREj regianal) through the creation of a one-half of one percent
fee on automobile liability insurance premiums.
Rationale: The state provides funding for regional training academies such as
the Crater training facility but doe~ not fund independent academies which
conduct mandated training for other localities due to a lack of resources.
This proposal would create a revenue source to fund this training. The
distribution of these funds would be on a per officer basis to the training
academy that certifies the training.
5, Amend 9 58.1-3506A.13 and -3506A.17 of the Code of Virainia to give local
Commissioners of Revenue the authority to grant personal property tax relief
to volunteer public safety workers who submit squad certification after the
January 31 deadline.
Rationale: Under current state law, if volunteer public safety workers fail to
submit active member certificates to the local Commissioner of Revenue before
January 31 of the tax year, they are precluded from receiving the reduced
personal property tax rate on their automobiles. This legislation would give
local Commissioners of Revenue the authority to accept active member
certificates after the January 31 deadline and thereby grant tax relief when
certificates are late but accurate.
6, Request State share af funding feI: of 50% of the construction Elf costs for
detention home expansion or. alternativelY. amend State reQulations to
provide State funding to house juveniles at alterRati'le adult reQional facilities.
Rationale: The Juvenile Detention Home is now experiencing consistent over
crowding due to the increase in juvenile crime. The County's capital
improvement plan would provide 75 new beds for 7.3 million dollars with
50% beinQ local fundinQ. Those beds would be a more cost-effective
approach and could be used to reduce the size of the planned Bon Air
expansion by 75 beds.
7, Amend the land use tax statutes to provide that property will not be
disqualified from the land use program and roll-back taxes will not be
triggered if property is zoned at the reQuest of the QoverninQ body to an
industrial zoning category.
0800:11495.5
Adopted by B/S 11/21/95
-2-
.
.
Rationale: Several years ago, the land use tai< statutes were amended to
provide that property would be disqualified from the land use program and
subject to roll-back taxes if it is rezoned to a non-qualifying zoning category.
Property that is not already zoned for an industrial use can be rendered
uncompetitive and the tax consequences now discourage advance zoning of
property.
8. Prohibit a) the withdrawal of a member locality from a local community college
board and b) the change of a community college service delivery boundary
by a member locality, without the approval of all of the other member
localities. As an alternative. Drovide a financial Denaltv In an amount
sufficient to hold' harmless the remainlna members from caDital and
oDeratlna eXDenses.
Rationale: If a locality can unilaterally withdraw from a community college
board or change service delivery boundaries, it can effectively increase the
financial burden of supporting the college on the other member localities.
9. Amend section 58.1-3823 of the Code of Virginia to allow Henrico, Chesterfield
and Hanover Counties to increase their transient occupancy tax to a maximum
of six (6) percent (up 4% from the current limit of 2%) with the increase in
revenue to be used for promoting business, tourism and travel in the Greater
Richmond metropolitan area.
Rationale: If the localities choose to adopt this increase, a funding source
would be provided for promoting travel, tourism and business in the region.
This initiative has been approved by all localities and will promote regional
cooperation.
COMMUNITY DEVELOPMENT
910. Amend the Code of Virqinia to provide for assessment district liens to be
recorded as tax liens rather than as judgments against the property. In
addition, provide discretion to allow localities the ability to defer assessment
district payment: (a) until the property owner actually connects to the public
utility system or (b) if conveyed, then the entire amount due would be
payable. In any event, the entire amount due would be payable no later than
ten years from the creation of the district.
0800:11495.5
Adopted by B/S 11/21/95
-3-
~
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Rationale: Recordation of assessment district' liens as judgments creates
problems for property owners because judgments operate as liens against all
real estate that they own while assessments only apply to a single piece of
property, Recording the liens as tax liens would solve this problem.
Additionally, allowing property owners if agreed to by the Board to defer
paying assessments until they connect to the system will prevent homeowners
from being forced to pay an assessment before they have received the benefit
of public water or sewer service.
1 Q11, Amend the Code of Virainia to provide that the statute of limitations provision
for Building Code violations for new construction which requires the violation
to be discovered within one year after a certificate of occupancy (C.O.) is
issued does not apply to maintenance related violations.
Rationale: Currently, the requirement that any Building Code violation must
be discovered within one year after the C.O. is issued in order to be
prosecuted applies to violations of any provision of the Building Code,
arguably including maintenance-related provisions. Since most maintenance
related violations do not occur until after the C.O. is more than one year old,
the statute of limitations needs to be amended to allow for effective
prosecution of these offenses.
1112. Amend 9 19.2-8 of the Code of Virainia to change the Statute of Limitations
for criminal prosecution for Building Code violations to allow for a two year
discovery period followed by a one year statute of limitations after discovery.
Rationale: For a Building Code violation to be criminally prosecuted, the
violation must be discovered within one year of the initial occupancy or the
issuance of certificate of use and occupancy. Building Code violations rarely
become apparent within one year. The proposed amendment would extend
the discovery period for Building Code violations to two years followed by a
one year statute of limitations after the discovery.
0800: 11495.5
Adopted by B/S 11/21/95
-4-
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SUPPORT/OPPOSE LEGISLAtiON
1. Support legislation which adopts the Brickley Committee's model BPOL tax
ordinance,
2. Support appropriations providing for state funding of part of the cost of the
proposed Richmond International Airport expansion.
3. Support appropriations which provide for state funding of part of the cost of
the proposed Richmond Convention Centre expansion.
4, Support legislation which institutes a three dollar court technology fee on
deeds, wills, that will defray costs of implementing technology to improve
access to court records in Circuit Court Clerk's offices.
5. Support legislation that would require the Commonwealth to reimburse localities
for the entire cost of microfilming Circuit Court records to satisfy the
Commonwealth's archival requirements.
6. Oppose any legislation that would reduce the powers and duties of the
Community Services Board. Support the VMLjVACO principles on the
proposed restructuring of public mental health/mental retardation/substance
abuse services in Commonwealth.
7. Oppose any legislation that would reduce the state's contribution for the
funding of juvenile detention homes.
8. Support State funding for the expansion of John Tyler Community College,
9, Support legislation that would allow the State Department of Conservation and
Recreation to lease 150 acres of Pocahontas State Park and Forest to
Chesterfield County for the development of active regional facilities.
10. SUDDort fundina to construct Route 288 to Route 64 as a toll-free road
usina State funds.
0800:11495.5
Adopted by B/S 11/21/95
-5-
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Meeting Date:
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page ~of...L
AGENDA
November 21, 1995 Item Number: 14.A.
Subject:
Resolution recognlzlng the Meadowbrook Area community Council for its
outstanding contribution to the Meadowbrook Fall Festival 1995.
County Administrator's Comments:
County Administrator: fZ{ 7??fn 0(1)/-;(
!
BoardAction Requested:
SummaryofInformation: '
The Meadowbrook Area Community Council was recently organized to enhance
communication between the neighborhoods of the community and the County.
They are committed to self-sufficiency and creating a positive shared
vision of the community.
The Community Council is
implementation of projects
Meadowbrook Area community.
actively involved in the planning
,and 'events to enhance and improve
and
the
The Community Council has planned and organized the first Meadowbrook
Fall Festival.
p"p""dfL ( {Jt-..
Thomas E. Joson
Title:
Oir9~tor Qf PlaRning
1NOV2195/A:AGr~~~~/YO~3
I
Attachments:
. Yes
D No
@ ---_.
~
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'..~..... ~".~-
WHEREAS, the Meadowbrook Area Community Council initiated and sponsored
the First Annual Meadowbrook Fall Festival;
WHEREAS, the purpose of the Meadowbrook Area Fall Festival was to
celebrate the Meadowbrook Community, its people, and its community
spirit;
WHEREAS, citizens attended the festival
activities, including arts and crafts, bands,
visiting with other residents of the area;
and enjoyed a variety of
games, carnival rides, and
WHEREAS, the Meadowbrook Area Community Council made invaluable
contributions to the Meadowbrook Fall Festival as the organizer and
promoter for this successful event;
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of
Supervisors hereby commends and congratulates the Meadowbrook Area
Community Council for its contributions to the Meadowbrook Area Fall
Festival and expresses their appreciation for its contributions to the
citizens of the Meadowbrook Area and of Chesterfield County.
AND BE IT FURTHER RESOLVED, that a copy of this resolution be presented
to the Meadowbrook Area Community council and that this resolution be
permanently recorded among the papers of this Board of Supervisors of
Chesterfield County, Virginia.
084
F'e",,,..,,d 14.8.
.....
6l
j ~
,-, J
~,!',{~}.'f.
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meetin~ Date: November 21, 1995
Item Number:
14.B.
Subiect:
Resolution recognizing Clover Hill High School Lady's Tennis Team as State Runner-Ups,
County Administrator's Comments:
County Administrator: (jjfl~ ~ 41~1l
Board Action_Reauested:
The Honorable Arthur S, Warren has requested that the Board of Supervisors commend and recognize the Clover
Hill Lady Cavaliers Tennis Team for their superior achievement and representation of Chesterfield County and its
residents,
Summarv of Information:
Clover Hill Lady Cavaliers Tennis Team represented Chesterfield County in the State Tennis Tournament for the
second consecutive year. This team compiled a 15-1 record, winning the Dominion District and Central Region
Championships, Their two year combined record is 31-3-0,
P''P''ff CfQt ~ t J VL Tit!,
Michael S, Go en
Director, Parks and Recreation
Attachments:
II Yes
DNO
#
085
.
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,.
Recognizing the Clover Hill High School Lady Cavaliers
Tennis Team For Their Outstanding Accomplishments
And Sportsmanship
WHEREAS, participation in high school sports has long been an integral part of
Chesterfield County's educational, physical, and emotional development for
students; and
WHEREAS, Mr, Joe England, Coach of the Clover Hill High School Lady
Cavaliers Tennis Team completed his first year of coaching; and
WHEREAS, under Mr, England's guidance and direction, the 1995 Clover Hill
Lady Cavaliers finished the regular season with a 13-0 record, won the Dominion
District Tournament and Central Region Championship, and finished as State
runner-ups; and
WHEREAS, the Clover Hill Lady Cavaliers have compiled a two year record of
31-3-0'
, '
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of
Supervisors hereby commends the Clover Hill High School Lady Cavaliers Tennis
Team for their outstanding accomplishments and splendid sportsmanship,
AND, BE IT FURTHER RESOLVED, that the Board of Supervisors, on behalf
of the citizens of Chesterfield County, hereby expresses their best wishes for
continued success to the Clover Hill Lady Cavaliers,
086
l't .c...
Meeting Date:
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
November 21, 1995 Item Number:
Page -LofL
l4.C.
Subject:
Adoption Resolution Recognizing Mr. Travis L. Jones, Troop 897,
Upon Attaining Rank of Eagle Scout
County Administrator's Comments:
County Administrator:
~
BoardAction Requested:
Summary ofInformation:
Staff has received a request for the Board to adopt a
resolution recognizing Mr. Travis L. Jones, Troop 897, sponsored
by Mt. Pisgah United Methodist Church, upon attaining Rank of
Eagle Scout:
He will be present, accompanied by members of his family, to
receive the resolution.
Resides in: Midlothian District
Preparer:
. }~a.0L.J
Title:
Clerk to the Board of Supervisors
Faith L. Davis
Attachments:
. Yes
o No
1#
OS7
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@ _""R__
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RECOGNIZING MR. TRAVIS L. JONES UPON
HIS ATTAINING RANK OF EAGLE SCOUT
WHEREAS, the Boy Scouts of America was incorporated by Mr.
William D. Boyce on February 8, 1910; and
WHEREAS, the Boy
citizenship training,
individuals; and
Scouts of America was founded to promote
personal development, and fitness of
WHEREAS, after earning at least twenty-one merit badges in a
wide variety of fields, serving ln 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. Travis L. Jones, Troop 897, sponsored by Mount
Pisgah United Methodist Church, has accomplished those high
standards of commitment and has reached the long-sought goal of
Eagle Scout which is received by less than two percent of those
individuals entering the scouting movement; and
WHEREAS, growing through his experiences in Scouting, learning
the lessons of responsible citizenship, and priding himself on the
great accomplishments of his County, Travis is indeed a member of
a new generation of prepared young citizens of whom we can all be
very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County
Board of supervisors hereby extends its congratulations to Mr.
Travis L. Jones and acknowledges the good fortune of the County to
have such an outstanding young man as one of its citizens.
088
...
5.
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
November 21, 1995 Item Number:
Meeting Date:
Subject:
HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS
County Administrator's Comments:
County Administrator:
~/-J~
+~
BoardAction Requested:
SummaryofInformation:
1 1
Page _of_
15.
Staff has received a request from Ms. Joyce Gilliland, Mr.
Charles S. Pugh, and Ms. Ann Schaffer, members of the Providence
Court Townhouse Association, to address the Board regarding pig
odor on Ruthers Road. See attached.
Preparer: ~~ 1..0
Fai th L~.' Davis
Title:
Clerk to the Board of Supervisors
Attachments:
'. Yes
o No
1#
089
I
@ _on__
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TO: Chesterfield Board of Supeivisors
FROM: Providence Court Townhouse Association
DATE: October 30, 1995
RE: Pig Odor
We wish to be added to your agenda on November 8th to discuss resolving
the matter of the horrible pig odor that originates at a residence on Ruthe,~
Road, south of our townhouse area. The stench is so bad on certain evenings
between the hours of 5:30 p.m. and 9:00 p.m, that our children cannot even
play outside in comfort. This pig smell has stopped us from having cookouts
with friends in our backyards. We cannot open our windows in the evenings.
It causes our eyes to water, lowers our property values, and has scared away
many potential buyers. Once these buyers enter our neighborhood and roll
their car windows down, they leave immediately because the stench is so
offensive.
The pig farm backs up to Providence Middle School and complaints have
been made from the students and teachers about the terrible pig odor.
It is one thing to have pigs, but to subject the community to this terrible
odor!
THIS HAS BECOME A HEALTH ISSUE WITH OUR FAMILIES!!
090
~ .. ~
{~~
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.
...)0 ';)u- 'f:,,' tL ,I Qf\\) ,
~Ol U cJav.v.~ C-ourr
\2..\d\.~o) \)0.. ~~.;).~S
TO: Chesterfield Board of Supervisors
FROM: Providence Court Townhouse Association
DATE: October 30, 1995
j':OV
---&
f-u \ \ nllm'L-
.. ~<i~e '::>~~
.
RE: Pig Odor
We wish to be added to your agenda on November 8th to discuss resolving
the matter of the horrible pig odor that originates at a residence on Ruthe[.&-',
Road, south of our townhouse area, The stench is so bad on certain eveniftgs
between the hours of 5:30 p.m. and 9:00 p.m. that our children cannot even
play outside in comfort. This pig smell has stopped us from having cookouts
with friends in our backyards. We cannot open our windows in the evenings.
It causes our eyes to water, lowers our property values, and has scared away
many potential buyers. Once these buyers enter our neighborhood and roll
their car windows down, they leave immediately because the stench is so
offensive.
The pig farm backs up to Providence Middle School and complaints have
been made from the students and teachers about the terrible pig odor.
It is one thing to have pigs, but to subject the community to this terrible
odor!
THIS HAS BECOME A HEALTH ISSUE WITH OUR FAMILIES!!
l
~
110,1>-.
Meeting Date:
~ovember 21, 1995
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page ...!:- of~
Item Number:
16.A.
Subject:
Public Hearing to Consider Tax Exemption Request of Winters Hill Properties, Inc.
County Administrator's Comments:
B~d~ ~.
/5-41..J~fl- c...~.e,
County Administrator:
BoardAction Requested:
Adopt the attached resolution recommending that Winters Hill Properties, Inc. be exempted
from real estate taxes.
Summary ofInformation:
The Board set a public hearing for this date to consider adoption of a resolution
recommending to the General Assembly that Winters Hill Properties, Inc. be exempted from
real estate taxes.
Under the Virginia Constitution, non-profit organizations seeking an exemption from
local real estate taxation must obtain the exemption from the General Assembly. The
General Assembly cannot, however, consider a tax exemption request until the request has
been considered, after a public hearing, by the governing body of the locality in which the
organization is located. '
Winters Hill Properties, Inc., a non-stock, non-profit corporation located in the County,
has applied to have its real estate exempted from the County's Real Estate Tax. Winters
Hill Properties, Inc. was created for the sole purpose of holding title to property currently
owned by the Department of Housing and Urban Development (HUD). Winters Hill
Title:
County Attorney
1205:12085.1
I #
091.
I
Preparer:
Attachments:
. Yes
D No
,
.,'.: '
@ -"".....,.,...-
lA"
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2- 01:2..
Summary of Information: (Continued),
"'.. .
Properties, Inc. will purchase and rehabilitate its property with a HUD grant which was
established to benefit mentally disabled citizens of the County. HUD regulations require that
Winters Hill Properties, Inc. apply for local real estate tax exemption as a condition for
receiving the grant.
Once the property is transferred and rehabilitated, Winters Hill Properties, Inc. will
enter into an agreement with the Department of Mental Health/Mental Retardation to house
three mentally disabled citizens of the County, provide all necessary counseling, and provide
related residential services. The property is located at 1502 Winters Hill Circle in the
Winters Hill subdivision of the Clover Hill District.
The Code of Virginia sets forth a number of factors the Board is required to consider
before it makes an exemption recommendation to the General Assembly. These factors are
listed in the attached resolution. Winters Hill Properties, Inc. has supplied the County with
information indicating that:
1. Winters Hill Properties, Inc. is exempt from federal income taxation pursuant to Section
501(c)(3) of the Internal Revenue Code of '1986. The EI Number is 54-1745741.
2. No current annual alcoholic beverage license for serving alcoholic beverages has been
issued by the Virginia Alcoholic Beverage Control Board to Winters Hill Properties, Inc.
for use on the organization's property. '
3. No director of Winters Hill Properties, Inc. is paid any compensation for service in such
position with the corporation.
4. No part of the net earnings of Winters Hill Properties, Inc. inures to the benefit of any
individual.
5. Winters Hill Properties, Inc. provides services for the common good of the public.
6. No part of the activities of Winters Hill Properties, Inc. involves carrying on propaganda
or otherwise attempting to influence legislation. The corporation does not participate in,
or intervene in, any political campaign on behalf of any candidate for public office.
7. Winters Hill Properties, Inc. has no rule, regulation, policy or regulation which
discriminates on the basis of religious conviction, race, color, sex or national origin.
1# 092
~G
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1- ot2...
Summary of Information: (Continued)
8. This year the above-mentioned property is assessed at a value of $89,100 and will
generate $971.20 in County real estate tax. In 1994, the property generated $971.20 in
County real estate taxes.
Based on this information, Winters Hill Properties, Inc. would qualify under Virginia law
as an organization which may receive a local tax exemption.
1205:12085.1
1# 093
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AT A REGULAR MEETING OF TIlE BOARD OF SUPERVISORS
OF CHESTERFIELD COUNTY, VIRGINIA,
ON NOVEMBER 21, 1995
RESOLUTION SUPPORTING TIlE DESIGNATION OF PROPERTY OF
WINTERS HILL PROPERTIES, INC. AS EXEMPT FROM TAXATION
BY TIlE GENERAL ASSEMBLY OF VIRGINIA
WHEREAS, Winters Hill Properties, Inc. is a non-stock, non-profit corporation
which provides long-term care services to patients in their homes; and
WHEREAS, Winters Hill Properties, Inc. is in the process of purchasing real
property located in Chesterfield County, Virginia; and
WHEREAS, the real and personal property used exclusively for charitable and
benevolent purposes by a qualifying organization shall be exempt from taxation as
authorized by Article X, Section 6(a)(6) of the Constitution of Virginia, upon action
by the General Assembly of Virginia and so long as such organization is operated not
for profit and the property so exempt is used, in accordance with the purpose for
which the organization is classified; and
WHEREAS, the Board of Supervisors of Chesterfield County, Virginia has
considered the following factors before the adoption of this resolution in support of
the tax exempt status of Winters Hill Properties, Inc. as follows:
1. _ Winters Hill Properties, Inc. is exempt from federal income taxation
pursuant to Section 501(c) of the Internal Revenue Code of 1986.
2. No current annual alcoholic beverage license for serving alcoholic
beverages has been issued by the Virginia Alcoholic Beverage Control Board to
Winters Hill Properties, Inc. for use gn the organization's property.
3. No director or officer of Wint~rsHill Properties, Inc. is paid any
compensation in excess of the value of the se,rvices performed in such position with
the corporation.
4. No part of the net earnings of Winters Hill Properties, Inc. inures to the
benefit of any individual.
5. Winters Hill Properties, Inc. provides semces for the common good of
the public.
1205,12086.1 1
094
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6. No part of the activities of Winters Hill Properties, Inc. involves carrying
on propaganda or otherwise attempting to influence legislation. The corporation does
not participate in, or intervene in, any political campaign on behalf of any candidate
for public office.
7. Winters Hill Properties, Inc. has no rule, regulation, policy or practice
which discriminates on the basis of religious conviction, race, color, sex or national
origin.
8. This year the above-mentioned property is assessed at a value of $89,100
and will generate $971.20 in County real estate tax. In 1994, the property generated
$971.20 in County real estate taxes.
THEREFORE, be, it resolved by the Board of Supervisors of Chesterfield
County as follows:
1. That this Board supports the request of Winters Hill Properties, Inc. for
exemption from taxation of its real and personal property pursuant to Article X,
Section 6(a)(6) of the Constitution of Virginia and the provisions of Chapter 36 of
Title 58.1 of the Code of Virginia, 1950, as amended, and that such exemption should
be categorized as charitable and benevolent.
2. That the County Administrator is directed to forward a certified copy of
this resolution to the members of the General Assembly representing the County of
Chesterfield with the request that the proper legislation be introduced in the General
Assembly to achieve the purposes of this resolution.
3. The effective date of this resolution shall be December 14, 1994.
On motion and second to adopt resolution, motion was carried by the following
recorded vote: .
Ayes:
Nayes:
1205:12086.1
2
095
1AitbmO'n~ ~imt.5 .Ji1lv.b
, ,), An Affiliate of Media General
p, 0, Box 85333
Richmond. Virginia 23293-0001
(804) 649-6000
.
IAccount Num,l
220806
I. Date " I
11/14/95
Advertising Affidavit
(This is not a bill. please pay from invoice)
CHESTERFIELD CO.BO.SUPV
ATT THERESA PITTS
BOARD OF SUPERVISORS
POBOX 40
CHESTERFIELD VA
11/14/95
121
~- ~MN6f,tE--
Take notice that the Board of Su-
pervisors of Chesterfield ~ounty,
Virginia, at a regular meeting C!n
November 21, 1995 al 7.00 p.m. Ir1
the County Public Meeting Room
at Chesterfield Courthouse, Ch~-
terfield, Virginia, will hold pu~I'C
hearings to consider the adoption
01 the resoluliOns requesting real
esiate tax Bxemptions for:
A.WintersHiIlProperlies,lncor~o-
rated owner 01 real estate which
was assessed in 1995 at a value 01
$89,100 and will generate $971.20
I in County real estate lax. In 199~,
\lhBPfoperty, generated $971.20 In
County real estate taxes,
B. Iverson Properties, InC?rporat
ed owner of real estate which was
assessed m 1995 at a value of
$80,900 and will generate $881.82
I in County real estate tax. \n 199~.
the property generated $851.30 m
County real estate taxes.
)1 C. Terjo Properties, Incorporated,
owner of real estate which was
assessed in 1,995 at a value of
, $87400 and Will generate $952,66
\In dounty real estate tax, In 1994,
the property generated $707.42 in
County real estate taxes. .
If lurtherlnlormation IS desired,
contact Wendell C. Roberts. Es-
quire, ASSistant County Allorney.
at 748-1491 between tne hours of
8:30 a,m. to 5:00 p.m" Monday
IhroughFrlday.
23832
NUV 2 0 199~
TAKE NOTICE TAKE NOTICE THAT THE BOARD 0
1 X 38
152.00
',-.
Richmond. Newspapers, Inc,
Publisher of
THE RICHMOND TIMES-DISPATCH
,-
,
~ , '0
This is to certify that the attached MEETINGS - COMING EVENTS
was published by Richmond Newspapers, Inc" in the City
of Richmond, State of Virginia. on the following dates:
11/14/95
The first insertion being given
11/14/95
subsc9bed before
-lj '$.
~s;tJ~
Supervisor
flO.JJd
Stat f v, " Notary Public
e 0 Irgl I
City of Richmond
My Commission expires
, .' 03/31/97
THIS IS NOT A BILL, PLEASE PAY FROM INVOICE.
THANK YOU
MAKE CHECKS PAYABLE TO
TH ~5 ~a~~e~E~~ B!~PEX
Petersburg, Va. 23804,0071
Phone, 732,3456
.O.D3t.27
-- tJ
Chester.fiel d,
P.O. Box 40
A#261
Chester-fie! d,
Boar'd of Superv
Va.
23832-0040
>>TAKE NOTICE
Take notice that the
Board of Supervisors of
Chesterfield County, Vir-
ginia, at a re9ula~ meet-
,.NO.!, Qoql
WORD TIMES.: .
1 S-...- 1
YOUR CLASSifiED INVOICE IS
NOW DUE. If NOT PAID WITHIN 14
OAYS AMOUNT DUE WILL BE
PHONE
74e-1?()fl
INDEXING TEAMS:
AD GIVEN BY
CODE
START DATE
STOP DATE
INVOICE FOR
CLASSifiED ADVERTISING
AMOUNT
I <f(;'7
TAKENOTI
SOLICITED BY
PLEASE PAY PROMPTLY
Q~
<<~7 C:;()
50
CLERK
n'.k
CLASSIFICATION
OPERATOR
~,
SKIP SCHEDULE
x
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.
AFF I DAV IT OF
PUBLISHED ADVERTISING
State of Virginia
City of Petersbur.
I. RUSSELL TURNER. being duly sworn. do. uPon my oath, depose
and say that I am Classified Manager of The
Progress-Index, a newspaper printed in said City and State.
and that the advertisement of: TAKENOTI
was published by: Chesterfield
P. o. B(i>~ 40
A#261
Chesterfiel d. Va.
, Board of Supervi
2:~:8:;:2
was published in said paper on: Nov. 14/95
eJ&#d!i(~______
Classified Manager
,?>O'3\-l.?,'i
rv<?J '\f~
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!'\ <SO
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'" ........ ~ 0 ~~ ..
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TAKE NOTICE I
:, Take notice that the
, Board of Supervisors of I
Chesterfield County, Vir- 1
ginia, at a regular meet-
Ing on November 21. I
, 1995 at 7:00 p.m. in the
'County Public Meeting
: Room at Chesterfield
Courthouse, Chesterfield,'
Vir~inia, will ho'ld,
public hearings to con.
sider the adoption of the '
\ resolutions requesting I
I real estate tax exemp-
~ tions for: ' I
A. Winters Hill Prop- ,
erties, Incorporated !
owner of real estate ,
which was assessed in I
1995 at a value of I
$89,100 and will
generate $971.20 in
County real estate
tax. In 1994, the
property generated
$971.20 in County
real estate taxes.
B. Iverson Properties, '
Incorporated. owner of I
real estate which was
assessed in 1995 at a I
value of $80,900 and'
will generate $881.82'
in County real estate'
tax. In 1994, the prop. !
erty generated $851.30 '
in County real estate I
taxes.
C. Terjo properties,
Incorporated, owner of
real estate which was'
assessed in 1995 at a,
value of $87,400 and I
will generate $952.66
in County real estate
tax. In 1994, the prop. I
erty generated $707.42
in County real estate I
taxes.
If further infonnation is I
desired, contact Wendell I
C. Roberts, Esquire, As.
sistant County Attorney,.
at 748-1491 between the:
hours of 8:30 a.m. to
5:00 p.rn.. Monday
through Friday,
Nov, 14195'
\
.
.8.
I'~
Meeting Date:
November 21, 1995
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
1 3
Page _of_
Item Number: l6.B.
Subject:
Public Hearing to Consider Tax Exemption Request of Iverson Properties, Inc.
County Administrator's Comments:
~~
County Administrator: ~ I-J~ r L~,
BoardAction Requested:
Adopt the attached resolution recommending that Iverson Properties, Inc. be exempted from
real estate taxes.
Summary ofInformation:
The Board set a public hearing for this date to consider adoption of a resolution
recommending to the General Assembly that Iverson Properties, Inc. be exempted from real
estate taxes.
Under the Virginia Constitution, non-profit organizations seeking an exemption from
local real estate taxation must obtain the exemption from the General Assembly. The
General Assembly cannot, however, consider a tax exemption request until the request has
been considered, after a public hearing, by the governing body of the locality in which the
organization is located.
Iverson Properties, Inc., a non-stock, non-profit corporation located in the County, has
applied to have its real estate exempted from the County's Real Estate Tax. Iverson
Properties, Inc. was created for the sole purpose .of holding title to property currently owned
by the Department of Housing and Urban Development (HUD). Iverson
(Continued)
Preparer:
Title:
County Attorney
1205:12087.1
I #
096
I,
Attachments:
. Yes
.;;
o No
@ ...._00........._
6)
'.0.
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2... oL3-
Summary of Information: (Continued)
Properties, Inc. will purchase and rehabilitate its property with a HUD grant which was
established to benefit mentally disabled citizens of the County, HUD regulations require that
Iverson Properties, Inc. apply for local real estate tax exemption as a condition for receiving
the grant.
Once the property is transferred and rehabilitated, Iverson Properties, Inc. will enter
into an agreement with the Department of Mental Health/Mental Retardation to house three
mentally disabled citizens of the County, provide all necessary counseling, and provide related
residential services. The property is located at 1502 Iverson Circle in the Iverson subdivision
of the Clover Hill District.
The Code of Virginia sets forth a number of factors the Board is required to consider
before it makes an exemption recommendation to the General Assembly. These factors are
listed in the attached resolution, Iverson Properties, Inc. has supplied the County with
information indicating that:
1. Iverson Properties, Inc. is exempt from federal income taxation pursuant to Section
501(c)(3) of the Internal Revenue Code of 1986. The EI Number is 54-1745745.
2. No current annual alcoholic beverage license for serving alcoholic beverages has been
issued by the Virginia Alcoholic Beverage Control Board to Iverson Properties, Inc. for
use on the organization's property.
3. No director of Iverson Properties, Inc. is paid any compensation for service in such
position with the corporation.
4. No part of the net earnings of Iverson Properties, Inc. mures to the benefit of any
illdividual.
5. Iverson Properties, Inc. provides services for the common good of the public.
6. No part of the activities of Iverson Properties, Inc. involves carrying on propaganda or
otherwise attempting to influence legislation. The corporation does not participate in, or
intervene in, any political campaign on behalf of any candidate for public office.
7. Iverson Properties, Inc. has no rule, regulation, policy or regulation which discriminates
on the basis of religious conviction, race, color, sex or national origin.
1# 097
A:.
.
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page L ou.....
Summary of Information: (Continued)
8. In 1995, the above-mentioned property was assessed at a value of $80,900 and will
generate $881.82 in County real estate tax. In 1994, the property generated $851.30 in
County real estate taxes.
Based on this information, Iverson Properties. Inc. would qualify under Virginia law as
an organization which may receive a local tax exemption.
1205:12087,1
1# 098
~
.
:,.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS
OF CHESTERFIELD COUNTY, VIRGINIA,
ON NOVEMBER 21, 1995
RESOLUTION SUPPORTING THE DESIGNATION OF PROPERTY OF
IVERSON PROPERTIES, INC. AS EXEMPT FROM TAXATION
BY THE GENERAL ASSEMBLY OF VIRGINIA
WHEREAS, Iverson Properties, Inc. is a non-stock, non-profit corporation which
provides long-term care services to patients in their homes; and
WHEREAS, Iverson Properties, Inc. is in the process of purchasing real property
located in Chesterfield County, Virginia; and
WHEREAS, the real and personal property used exclusively for charitable and
benevolent purposes by a qualifying organization shall be exempt from taxation as
authorized by Article X, Section 6(a)(6) of the Constitution of Virginia, upon action
by the General Assembly of Virginia and so long as such organization is operated not
for profit and the property so exempt is used, in accordance with the purpose for
which the organization is classified; and
WHEREAS, the Board of Sllpervisors of Chesterfield County, Virginia has
considered the following factors before the adoption of this resolution in support of
the tax exempt status of Iverson Properties, Inc. as follows:
1. Iverson Properties, Inc. is exempt from federal income taxation pursuant
to Section 501(c) of the Internal Revenue Code of 1986.
2. No current annual alcoholic beverage license for serving alcoholic
beverages has been issued by the Virginia Alcoholic Beverage Control Board to Iverson
Properties, Inc. for use on the organization's property.
3. No director or officer of Iverson Properties, Inc, is paid any compensation
in excess of the value of the services performed in such position with the corporation.
4. No part of the net earnings of Iverson Properties, Inc. inures to the
benefit of any individual.
5.
public.
Iverson Properties, Inc. provides services for the common good of the
1205,12088,1
1
099
.
.
6. No part of the activities of Iverson Properties, Inc. involves carrying on
propaganda or otherwise attempting to influence legislation. The corporation does not
participate in, or intervene in, any political campaign on behalf of any candidate for
public office.
7. Iverson Properties, Inc. has no rule, regulation, policy or practice which
discriminates on the basis of religious conviction, race, color, sex or national origin.
8. In 1995, the above-mentioned property was assessed at a value of $80,900
and will generate $881.82 in County real estate tax. In 1994, the property generated
$851.30 in County real estate taxes.
THEREFORE, be it resolved by the Board of Supervisors of Chesterfield
County as follows:
1. That this Board supports the request of Iverson Properties, Inc. for
exemption from taxation of its real and personal property pursuant to Article X,
Section 6(a)(6) of the Constitution of Virginia and the provisions of Chapter 36 of
Title 58.1 of the Code of Virginia, 1950, as amended, and that such exemption should
be categorized as charitable and benevolent.
2. That the County Administrator is directed to forward a certified copy of
this resolution to the members of the General Assembly representing the County of
Chesterfield with the request that the proper legislation be introduced in the General
Assembly to achieve the purposes of this resolution.
3. The effective date of this resolution shall be November 21, 1995.
On motion and second to adopt resolution, motion was carried by the following
recorded vote:
Ayes:
Nayes:
0505:12088.1
2
100
(la,C,
'.'~-
Meeting Date:
November 21, 1995
CHESTERFIELD, COUNTY
BOARD OF SUPERVISORS
AGENDA
1 3
Page _of_
Item Number:
16.C.
Subject:
Public Hearing to Consider Tax Exemption Request of Terjo Properties, Inc.
County Administrator's Comments:
f)tJcuL &a5;t?'v) ~'
County Administrator: ~j--{~
BoardAction Re~uested:
Adopt the attached resolution recommending that Terjo Properties, Inc. be exempted froin
real estate taxes.
Summary ofInformation:
The Board set a public hearing for this' date to consider adoption of a resolution
recommending to the General Assembly that Terjo Properties, Inc. be exempted from real
estate taxes.
Under the Virginia Constitution, non-profit organizations seeking an exemption from
local real estate taxation must obtain the exemption from the General Assembly. The
General Assembly cannot, however, consider a tax exemption request until the request has
been considered, after a public hearing, by the governing body of the locality in which the
organization is located. '
Terjo Properties, Inc., a non-stock, non-profit corporation located in the County, has
applied to have its real estate exempted from the County's Real Estate Tax. Terjo
Properties, Inc. was created for the sole purpose of holding title to property currently owned
by the Department of using and Urban Development (HUD). Terjo
(Continued)
Preparer:
Title:
County Attorney
1205:12089,1
1#
101
Attachments:
. Yes
o No
@ -........,....,-
8"\.
0- &
~,
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page -2- oU
Summary of Information: (Continued)
Properties, Inc. will purchase and rehabilitate its property with a HUD grant which was
established to benefit mentally disabled citizens of the County. HUD regulations require that
Terjo Properties, Inc. apply for local real estate tax exemption as a condition for receiving
the grant.
Once the property is transferred and rehabilitated, Terjo Properties, Inc. will enter into
an agreement with the Department of Mental Health/Mental Retardation to house three
mentally disabled citizens of the County, provide all necessary counseling, and provide related
residential services. The property is located at 1502 Terjo Circle in the Terjo subdivision of
the Clover Hill District. '
The Code of Vindnia sets forth a number of factors the Board is required to consider
before it makes an exemption recommendation to the General Assembly. These factors are
listed in the attached resolution. Terjo Properties, Inc. has supplied the County with
information indicating that: '
1. Terjo Properties, Inc. is exempt from federal income taxation pursuant to Section
501(c)(3) of the Internal Revenue Code of 1986. The EI Number is 54-1745744.
2. No current annual alcoholic beverage license for serving alcoholic beverages has been
issued by the Virginia Alcoholic Beverage Control Board to Terjo Properties, Inc. for use
on the organization's property.
3. No director of Terjo Properties, Inc. is paid any compensation for service in such position
with the corporation.
4. No part of the net earnings of Terjo Properties, Inc. mures to the benefit of any
individual.
5. Terjo Properties, Inc. provides services for the common good of the public.
6. No part of the activities of Terjo Properties, Inc. involves carrying on propaganda or
otherwise attempting to influence legislation. The corporation does not participate in, or
intervene in, any political campaign on behalf of any candidate for public office.
7. Terjo Properties, Inc. has no rule, regulation, policy or regulation which discriminates on
the basis of religious conviction, race, color, sex or national origin.
1# 1.02
Gc
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page ~ ot2...
Summary of Information: (Continued)
8. In 1995, the above-mentioned property was assessed at a value of $87,400 and will
generate $952.66 in County real estate tax. In 1994, the property generated $707.42 in
County real estate taxes.
Based on this information, Terjo Properties, Inc. would qualify under Virginia law as an
organization which may receive a local tax exemption.
1205:12089.1
1#
103
.
~
'..
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS
OF CHESTERFIELD COUNTY, VIRGINIA,
ON NOVEMBER 21, 1995
RESOLUTION SUPPORTING THE DESIGNATION OF PROPERTY OF
TERJO PROPERTIES, INC. AS EXEMPT FROM TAXATION
BY THE GENERAL ASSEMBLY OF VIRGINIA
WHEREAS, Terjo Properties, Inc. is a non-stock, non-profit corporation which
provides long-term care seIVices to patients in their homes; and
WHEREAS, Terjo Properties, Inc. is in the process of purchasing real property
located in Chesterfield County, Virginia; and
WHEREAS, the real and personal property used exclusively for charitable and
benevolent purposes by a qualifying organization shall be exempt from taxation as
authorized by Article X, Section 6(a)(6) of the Constitution of Virginia, upon action
by the General Assembly of Virginia and so long as such organization is operated not
for profit and the property so exempt is used in accordance with the purpose for
which the organization is classified; and
WHEREAS, the Board of Supervisors of Chesterfield County, Virginia has
considered the following factors before the adoption of this resolution in support of
the tax exempt status of Terjo Properties, Inc. as follows:
1. Terjo Properties, Inc. is exempt from federal income taxation pursuant to
Section 501(c) of the Internal Revenue Code of 1986.
2. No current annual alcoholic beverage license for serving alcoholic
beverages has been issued by the Virginia Alcoholic Beverage Control Board to Terjo
Properties, Inc. for use on the organi,:<ition's property.
3. No director or officer of Terjo Properties, Inc. is paid any compensation
in excess of the value of the services performed in such position with the corporation.
4. No part of the net earnings of Terjo Properties, Inc. inures to the benefit
of any individual.
5.
public.
Terjo Properties, Inc. provides selVlces for the common good of the
1205:12090.1
1
1. 0 <1:
, .
.
.
, '.
.
6. No part of the activities of Terjo Properties, Inc. involves carrying on
propaganda or otherwise attempting to influence legislation. The corporation does not
participate in, or intervene in, any political campaign on behalf of any candidate for
public office.
7. Terjo Properties, Inc. has no rule, regulation, ,policy or practice which
discriminates on the basis of religious conviction, race, color, sex or national origin.
8. In 1995, the above-mentioned property was assessed at a value of $87,400
and will generate $952.66 in County real estate tax. In 1994, the property generated
$707.42 in County real estate taxes.
THEREFORE, be it resolved by the Board of Supervisors of Chesterfield
County as follows:
1. That this Board supports the request of Terjo Properties, Inc. for
exemption from taxation of its real and personal property pursuant to Article X,
Section 6(a)(6) of the Constitution of Virginia and the provisions of Chapter 36 of
Title 58.1 of the Code of Virginia, 1950, as amended, and that such exemption should
be categorized as charitable and benevolent.
2. That the County Administrator is directed to forward a certified copy of
this resolution to the members of the General Assembly representing the County of
Chesterfield with the request that the proper legislation be introduced in the General
Assembly to achieve the purposes of this' resolution.
3. The effective date of this resolution shall be November 21, 1995.
On motion and second to adopt resolution, motion was carried by the following
recorded vote:
Ayes:
Nayes:
1205:12090.1
2
105