Loading...
2015-08-26 PacketCHESTERFIELD COUNTY jc BOARD OF SUPERVISORS Page 1 of 1 v I d9 9s AGENDA Win+" Meeting Date: August 26, 2015 Item Number: 2.A. Subject: County Administrator's Comments County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: The County Administrator will update the Board on the progress of various projects as requested by the Board of Supervisors. Preparer: Louis G. Lassiter Attachments: 0 Yes Title: Assistant County Administrator 1-1 NO b0000jL I. II. County Administrator's Top 40's List Critical Projects/Activities 1. ARWA Water Capacity Project 2. Irrigation Policies/Demand Management for Water Use 3. Police Body Cameras 4. River City Sportsplex 5. Storm Water Management - TMDL Funding Ongoing Projects/Activities 1. Active Living Strategy 2. Airport Master Plan 3. Animal Shelter Needs Assessment 4. Bikeway and Trails Plan 5. Cash Proffers 6. Chesterfield Avenue Enhancements Future Phases 7. Chesterfield Arts Center 8. Citizen Budget Advisory Committee 9. Countywide Comprehensive Plan Implementation 10. Eastern Midlothian Re-development/Stonebridge 11. Enterprise Risk Management 12. Five Story/Three Story Building Renovations 13. High Speed Rail/Ettrick Train Station 14. Jefferson Davis Streetscape Project - Phase II 15. Joint Meetings of Board of Supervisors/School Board 16. Library CIP Projects (Central & North Courthouse) 17. Magnolia Green CDA - construction phase (bond sale completed) 18. Regional Radio Project 19. Revitalization Work/Schools 2013 Referendum Projects 20. RRPDC - Large Jurisdiction Committee 21. Secondary Road Maintenance Funding 22. Smith/Wagner Building 23. Wellness Incentives - Healthcare Renewal III. Completed Projects/Activities 1. Airport Entrance Improvements - 7/2012 2. Animal Welfare Team - 7/2012 3. Board's Appointments Process - 8/2008 4. Bow Hunting Restrictions - 2/24/2010 5. Business Climate Survey - 7/2008 6. Business Climate Survey - 4/2010 7. Business Fee Holiday (Extension) - 9/2010 8. Capital Regional Collaborative Focus Group(s) - 4/2015 9. CBLAB Discussions -12/2009 1 0()Z Updated 8-11-2015 County Administrator's Top 40's List 10. Census 2010/Redistricting - 6/2011 11. Checkbook On -Line -11/2014 12. Chesterfield Avenue Enhancements Phase 1 - 5/2011 13. Citizen GIS - 5/2010 14. Citizen Satisfaction Survey - 2008/2010/2012/2014 15. Community Risk Analysis/Emergency Service Coverage -1/2014 16. Comprehensive Plan Adoption -10/2012 17. Coliseum Project - 2/2014 18. COPS Grants 19. Crystal Lakes Townhomes - 6/2014 20. DCR Erosion & Sediment Control Program - 3/11/11 21. Eastern Midlothian Re -development - Stonebridge (Phase 1) - Groundbreaking 10/25/11 - Streetscaping (Phase 1) - 12/2011 22. Efficiency Studies - Fire Department and Fleet Management - 6/2008 23. Efficiency Study - Quality/Chesterfield University Consolidation - 7/2009 24. Electronic Message Centers - 9/2011 25. Electronic Signs -1/2010 26. Board's Emergency Notification Process 27. Employee Health Benefits - Contract Rebid - 8/2011 28. Ettrick/VSU Area Plan - 4/2015 29. Federal Stimulus Package - 4/2013 - Energy Block Grant - Economic Development - Police Department 30. Financial/Budget Issues - Adoption of 2014 Budget - 4/2014 - Adoption of County CIP - 4/2014 - Adoption of School CIP - 4/2014 - Bond Issue/Refinancing - AAA Ratings Retained 31. 457 Deferred Comp Plan (Approved) 32. GRTC Service - Funded for FY14 33. Hydrilla Issue 34. Hosting of Hopewell Website 35. Impact Fees for Roads - 9/2008 36. In Focus Implementation - Phase I - 8/2008 37. In -Focus Implementation - Phase II (Payroll/HR) -12/2009 38. Insurance Service Upgrade (ISO) for Fire Department - 9/2009 39. Jefferson Davis Streetscape Project - Phase I - 5/2010 40. Leadership Exchange Visits with City of Richmond 41. 2015 Legislative Program 42. Low Impact Development Standards 43. Mass Grading Ordinance (canceled) 44. Meadowdale Library -11/2008 45. Meadowville Interchange - Ribbon Cutting 12/15/2011 46. Midlothian Turnpike/Courthouse Road Streetscape Improvements (Towne Center) 2 Updated 8-11-200 00a3 County Administrator's Top 40's List 47. Minor League Baseball (new team) - 2/2010 48. Multi -Cultural Commission (Quarterly Reports due to Board) -11/2008 49. Planning Fee Structure (General Increases) - 6/2009 50. Planning Fee Structure (Reductions for In -Home Businesses) -1/2009 51. Planning Fees (Holiday for Commercial Projects) - 8/2009 52. Police Chase Policy (Regional) - 5/2010 53. Postal Zip Codes - Changes approved 4/2011, USPS date of implementation 6/2011 54. Potential Legislation - Impact Fees/Cash Proffers -1/2009 55. Property Maintenance - Proactive Zoning Code Enforcement (countywide) - 2/2009 56. Property Maintenance - Rental Inspection Program 57. Public Safety Pay Plans Implemented (Phase I) - 9/2008 58. Recycling Committee Recommendations 59. Redistricting 2011 Calendar/Process Report 60. Regional Workforce Investment Initiative 61. Results of Operations -11/19/2010 and 11/2011 62. RMA - Legislation - 2014 - 3/2014 63. Sign Ordinance 64. Southwest Corridor Water Line - Phase I - 7/2008 65. Sports Tourism Plan Implementation - 7/2015 66. Sports Tourism Plan -1/2010 67. Sports Tourism Program with Metropolitan Richmond Sports Backers - 8/2009 68. Streetlight Policy -12/1/10 69. Total Maximum Daily Load (TMDL) Presentation to Board - 2/2014 70. Ukrops Kicker Complex - soccer fields - Opened 8/2009 71. Upper Swift Creek Plan (Adopted) - 6/2008 72. Upper Swift Creek Water Quality Ordinances 73. VDOT Subdivision Street Acceptance Requirements - 7/2009 74. VRS Benefits for New Employees - 7/2010 75. Walk Through Building Permit Process -10/2009 76. Water Issues/Restrictions 77. Website Redesign - 6/2009 78. Wind Energy Systems - 3/10/2010 79. Wireless Internet Access in County Facilities - 9/2008 80. Watkins Centre 81. Woolridge Road Reservoir Crossing Project - 5/2010 82. Ukrops Kicker Complex/GRAP Swimming Pool - Stratton Property - Pool opening March, 2012 x0000 Updated 8-11-2015 • CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA hs� Meeting Date: August 26, 2015 Item Number: 2.B. Subiect: County Administrator's Comments County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Mr. Elswick requested that Workforce Study Report. Ms. Research, Inc., will make the Preparer: Janice Blakley Attachments: ■ Yes the Board receive a presentation on the RVA Susan Baxter from the Southeastern Institute of presentation. Title: Clerk to Board of ❑ No rvisors CIO 0005 Reynolds ftl� on�SHRM C'�'XPITAL RETON A L L � A N C'� E COLLABORATIV Community College RVA Workforce Study Report Presented to Chesterfield County Board of Supervisors August 26, 2015 Southeastern Institute of Research, Inc. Background, Objectives, a", Methodology * Respondent and Organization Profili * Seve n Key F i n d i n Mine CDC10GOG .... . .. .... . ............ ... . ........ . .... 60:4 ^ The Greater Richmond Chamber and the Richmond Regional Planning District Commission formed the Capital Region Collaborative (CRC) as a public-private partnership to identify and solve issues that impact the economy of the Richmond region (RVA). In short, the CRC is building aframework for regional collaboration. " The CRC is comprised of a number of standing workgroups that are focused on advancing collaboration to address short- and long-term regional challenges and opportunities. The CRC Workforce Preparation VVorkgroupiscurrently exploring ways todefine workforce - related issues and opportunities and help assist regional employers attract the qualified workforce they need to continue to thrive in this region. One potential issue, albeit anecdotal, is the possible growth in the gap between the number of job seekers and available jobs. One number circulating around RVA is that the region has 30,000 job seekers and 40OOOavailable jobo.* Tohelp explore this issue, Reynolds Community College, John Tyler Community College, and their joint workforce training service, the Community College Workforce Alliance ([CVVA), offered to assist Capital Region Collaborative (CRC). The Society of Human Resource Managers — RVA chapter (SHRM) joined this coalition as well. Together, all of these organizations helped conduct the Community College RVA Workforce Study, which was fully funded byCCVVA This document presents the findings ofthis study. i~ *Recently the Virginia Employment Commission reported the number munemployed at 32,630 and the VEC,Virginia Workforce Connection, "Advertised Job Data, Jobs by Area" reports s2,onjob openings asmMay 2015 C��� ���=� I • Assess the degree to which employers across the Richmond region feel there is an issue with finding qualified and available workers. • Identify immediate ways the CRC's Workforce Preparation Workgroup can help address the qualified and available workforce issue (if it is real). Note: The Workforce Preparation Workgroup appreciates that workforce gap issues are, by and large, systemic, long-term issues that need holistic solutions. This stated, this study initiative is focused on finding immediate actions that could, in some way, help to start closing the gap. N • A 50 -question online survey was conducted among human resource leaders, organizational leaders, and other staff involved in workforce training or organizational certification. • The survey was crafted by SIR and approved by the Community College Workforce Training team, Collaborative representatives, and Richmond SHRM representatives. • Respondents were recruited through an email invitation. A total of 6,160 email addresses were sent the survey invite. Emails were obtained from John Tyler and Reynolds, Richmond SHRM, CCWA, and the Richmond Chamber. • A total of 218 completed surveys were collected from May 14—June 17, 2015, for a response rate of 4%. • There was no monetary incentive for survey participation. 19 Almost Half of Respondents Work at For -Profit Businesses For-profit business Local, state, or regional government Nonprofit business Non-governmental organization Other 0% 20% 40% 60% 80% 100% Q46. Which of the following best describes your organization? ........ . .. --........................__.....-..----- 0% --------................. 9 Respondents Work in a Variety of Industries Education Healthcare Financial sector Services Manufacturing Consulting Workforce development and training Government Legal Information technology Engineering Transportation Retail Insurance Construction Real estate Food or restaurant Advertising, marketing, or public relations Computer programming Other 0% 20% 40% 60% 80% 100% Q47. Which of the following best describes the industry of your company or organization? Over Three -Quarters of Respondents Work for Organizations with Fewer than 1,000 Employees in RVA 20 or fewer 13% 21-49 8% 50-99 8% 100-499 33% 500-999 15% 1,000-4,999 13% 5,000 or more 8% Not sure 2% 0% 20% 40% 60% 80% 100% `' c 4:L Q48. What is the approximate size of your organization—the number of employees you have in the Greater Richmond area? —. _..............._._ Seven in Ten Respondents' Primary Worksite Location Is in the Immediate Richmond Metro Area On Average, Respondents Have Lived in This Region for 28 Years Immediate Richmond metro area Surrounding cities Locations across Virginia Tri -cities area Other 0% 20% 40% 60% 80% 100% Q49. Where is your organization's primary or main worksite location? . . ..... ..... . ........... ... . . .. . .. . . Rou•ghly One in Three Respondents Are Human Resources Managers or Directors Human resources manager or director President, CEO, or senior executive Manager or director Administrative position Department manager Training manager or coordinator Operations manager for a department Other 0% 20% 40% 60% 80% 100% Q1. What is your current job title? 12 ....... . ......... ...... 13 .. .......... .............. . ..... .... . .. .. . .......... ........... . . . . . . .... . .................... . ...... prefer to hire RVA residents the region. 14 . . . ......... . -- - ---- ----- -- - - --------- # :t Nearly Three in Five Respondents Prefer to Hire from RVA's Talent Pool Rather than Recruit from Outside the Region 5 - Agree very much 4 3 2 1 - Do not agree at all 21% 12% 8% 0% 20% 40% 60% 80% 100% Q5. To what extent do you agree with each of the following statements about finding qualified talent from RVA: (a) We prefer to hire people from RVA's available and qualified talent pool rather than recruit someone from outside the region. 15 — -- -.._................................._...... -......... �„ --- -- - - - --......._.._..__ For -Profit Businesses Are More Likely than Other Types of Businesses to Look to Hire from Within RVA's Talent Pool Q5. To what extent do you agree with each of the following statements about finding qualified talent from RVA: (a) We prefer to hire people from RVA's available and qualified talent pool rather than recruit someone from outside the region. 16 -._.._-. ---------- -- Less than 100 employees 64% Firm size 100-499 employees 62% 500 or more employees 53% Immediate Richmond metro area 58% Primary worksite location Other area 62% For-profit business 68%* Organization type Other type of business 51% Q5. To what extent do you agree with each of the following statements about finding qualified talent from RVA: (a) We prefer to hire people from RVA's available and qualified talent pool rather than recruit someone from outside the region. 16 -._.._-. ---------- -- 17 As part of any actions that come from this study, reinforce the "'hire local" mantra with a research -backed claim: majority of RVA firms prefer to hire from RVA's talent pool rather than recruit from outside the region." Respondents report that finding qualified workers MM.0 I 77- OCCO 18 --- ... . . . ..... ... ... ............. . .. - - - - ------- . . . ......... . . . 60:4 19 Three Ways This Survey Explored Whether the "Jobs Gap" Is Really an Issue 1. Respondents' verbatim comments. 2. Q4. To what extent are each of the following workforce issues challenges for your organization: (a) Finding and hiring qualified workers. 3. Q5. To what extent do you agree with each of the following statements about finding qualified talent from RVA: (b) Today, it is relatively easy to find people from RVA's available and qualified talent pool. "I believe the gap between the skills available in the 30,000 and those required In the 40,000 is far wider than currently perceived. " 20 ------- a.#:t The Majority Say Finding and Hiring Qualified Workers Is a Challenge 5 - Very big challenge :11 20% •1111111 0% 20% 40% 60% 80% 100% Q4. To what extent are each of the following workforce issues challenges for your organization: (a) Finding and hiring qualified workers. 21 .... . — ------ ----------- E#R For -Profit Businesses Are Significantly More Likely than Other Types of Businesses to Say Finding and Hiring Qualified Workers Is Difficult Q4. To what extent are each of the following workforce issues challenges for your organization: (a) Finding and hiring qualified workers 22 - ........... . . .. . ...... . ......... .. Less than 100 employees 59% Firm size 100-499 employees 53% 500 or more employees 60% Immediate Richmond metro area 56% Primary worksite location Other area 60% For-profit business 71%* Organization type Other type of business 45% Q4. To what extent are each of the following workforce issues challenges for your organization: (a) Finding and hiring qualified workers 22 - ........... . . .. . ...... . ......... .. Ei:t Finding and Hiring Qualified Workers is the Top Workforce Challenge for Respondents Finding and hiring qualified worker 37% IBM 57% Attracting the best candidates for our 35% EM 54% entry-level to mid-range jobs Finding qualified candidates who we 37% M052% believe will fit into our culture Finding candidates who we believe 33% ffM 48% will stay with our organization Convincing qualified candidates to 20% ®® 27% accept our job offers Determining whether or not a 17% ®®, 26% candidate is really qualified Shaping our benefits to meet 17% 1221% qualified candidates' expectations 4 0 5 - Very big challenge 0% 20% 40% 60% 80% 100% Q4. To what extent are each of the following workforce issues challenges for your organization? 23 - -.... ------......._.._.....— - --- -- ---......_._..._ Few Agree It Is Easy to Find Available and Qualified People from RVA's Talent Pool 5 - Agree very much 1 2% — IM 4 13% f►�/%%%i%%oi��%�/';%/i%%%ice. � . . • '��'%///%/ice 0% 20% 40% 60% 80% 100% " 7 Q5. To what extent do you agree with each of the following statements about finding qualified talent from RVA: (b) Today, it is relatively easy to find people from RVA's available and qualified talent pool. 24 -- Across the Board, Various Types of Organizations Say It Is Difficult to Find Available and Qualified Workers Within the RVA Talent Pool Less than 100 employees 19% Firm size 100-499 employees 10% 500 or more employees 17% Primary worksite Immediate Richmond metro area 18% location Other area 10% Organization For-profit business 11% type Other type of business 19% Q5. To what extent do you agree with each of the following statements about finding qualified talent from RVA: (b) Today, it is relatively easy to find people from RVA's available and qualified talent pool. 25 __.... -------- --..........................— ............... ..._........ ----------- Findings ••• anecdotal • pointing • * area organizations having difficulty qualified workers. CRC, SHRM, the Communit Colleges, and CCWA should all work A - together to find solutions help close the "jobs gap." 26 Ef 1r Seven in ten respondents feel the 30,000/40,000 jobs gap primarily due to qualification 27 "'Across the entire RVA region today, there are on estimated 30,000 people looking for work and 40,000 job pr . your perspective, g this <- select a// , 28 Over Seven in Ten Respondents Believe the 30,000/40,000 Gap Is Driven by Job Seekers Not Being Qualified for Available Jobs Many job seekers are not qualified for available jobs 64%* Job seekers lack the technical skills required for SEEM available jobs 75% Qualified job seekers do not know how to get in front 74% of potential employers Employers do not know how to tap into this pool of 68% 30,000 job seekers Companies are not hiring right now10% Employer requirements are too stringent 4% Mismatched salary expectations %% Lack of soft skills among applicants 1 2% This is the normal unemployment rate 1 2% Types of jobs available and jobs sought are mismatched Other 10% Not sure 4% 41% 35% 55% 73% 0% 20% 40% 60% 80% 100% Q6. Across the entire RVA region today, there are an estimated 30,000 people looking for work and 40,000 job openings. From your perspective, what is driving this gap? Please select all that apply. 29 -- -................_...._.._- ..... _..— --...........-_...._..._..-...__...... ..... -..---- -- -- ._...._.. _ Medium -Sized Firms Are Significantly More Likely than Small Firms to Feel That Unqualified Seekers Are Driving the 30,000/40,000 Gap Less than 100 employees 64%* Firm size 100-499 employees 79%* 500 or more employees 75% Immediate Richmond metro area 74% Primary worksite location Other area 68% For-profit business 75% Organization type Other type of business 70% Q6. Across the entire RVA region today, there are an estimated 30,000 people looking for work and 40,000 job openings. From your perspective, what is driving this gap? Please select all that apply. Ald Half Also Say Job Seekers Lack the Technical Skills Required Many job seekers are not qualified for available jobs Job seekers lack the technical skills required for available jobs Qualified job seekers do not know how to get in front of potential employers Employers do not know how to tap into this pool of 30,000 job seekers Companies are not hiring right now 10% Employer requirements are too stringent 4% Mismatched salary expectations 3°% Lack of soft skills among applicants 2% This is the normal unemployment rate 2% Types of jobs available and jobs sought are 10/ mismatched Other 10% Not sure 40/. 55% 73% 0% 20% 40% 60% 80% 100% Q6. Across the entire RVA region today, there are an estimated 30,000 people looking for work and 40,000 job openings. From your perspective, what is driving this gap? Please select all that apply. 31 -............ ................ ..... --.... --........ ---._..-......................---- - - Large Firms Are Significantly More Likely to Say Job Seekers Lack Technical Skills than Medium -Sized Firms Q6. Across the entire RVA region today, there are an estimated 30,000 people looking for work and 40,000 job openings. From your perspective, what is driving this gap? Please select all that apply. 32 ____ --- ____ _........ ..— --- -- - --- - --- - - Less than 100 employees 52% Firm size 100-499 employees 47%* 500 or more employees 65%* Primary worksite Immediate Richmond metro area 55% location Other area 53% Organization For-profit business 53% type Other type of business 56% Q6. Across the entire RVA region today, there are an estimated 30,000 people looking for work and 40,000 job openings. From your perspective, what is driving this gap? Please select all that apply. 32 ____ --- ____ _........ ..— --- -- - --- - --- - - Training Is Needed ""Dislocated workers who want to change occupations cannot get the training they need /' do so ... f I" dislocated worker cannot get training, the employer will NOT consider applicant."" "EducationalCredentialing Is Needed .: people with relevant experience but [who] do not ""Companies are not able to effectively identify a qualified candidate based on skills instead of a degree, which does not always indicate someone is qualified."" 34 6 The jobs gap is a real issue. RVA needs a long-term, well -coordinated, market� wide approach that strategically addresses the needed technical skills— directing and educating young people toward available jobs, as well as providing ongoing training and creclentialing for job seekers. 35 The community colleges, CRC, SHRM, and CCWA (a public-private partnership) should all work together to advance a mor collaborativel seamless RVI workforce development strategy and 36 ME, 'C60:1 Just Over Half of Respondents' Organizations Prefer to Hire for Soft Skills and Teach Hard Skills 39 5 - Agree very much 4 3 2 1 - Do not agree at all 15% 7% 29% 0% 20% 40% 60% 80% 100% Q15. To what extent do you agree with the following statements: (e) Our organization would prefer to hire a candidate with good soft skills and teach them the hard skills needed to succeed at our company. ---------------.-...-_ --- .....__...................- ----- -----.-......._......-.......-.._ -- Over Two -Thirds of Respondents' Organizations Provide Training for Soft Skills Development Not sure, 6% Q14. Does your company currently provide any training or training support for soft skills development, either in house or outsourced through third parties? Training in Soft Skills Is Varied Provide training for soft skills Make soft skills development part of our culture Define a specific set of required soft skills for specific positions or for the company as Assess soft skills competencies Validate or certify soft skills competencies We currently do none of these Don't know 0% 20% 40% 60% 80% 100% Q19. Which of the following does your company, department, or division currently practice? Please select all that apply. 41 .... . . . ........... . . ......... . ... ............ . .. ... . ........................................................................---------- — ------ // O'N Potential candidates for employment opportunities are often weak in what / call social skills. This includes skills in dining, manners, grooming, polite conversation,, dressing for the job, phone etiquette, etc."" ®' soft skills and culture alignment are a challenge." 42 216 �,PFMWYP .. .. ....... au m 45 While seven in ten respondents feel the 30,000/40,000 gap is due to r three . . communication issues # • play. Many Job Seekers and Employers Simply Do Not Know How to Find One Another Many job seekers are not qualified for available jobs Job seekers lack the technical skills required for available obs Qualified job seekers do not know how to get in front of potential employers Employers do not know how to tap into this pool of o _��_.� �, 30,000�ob seekers Companies are not hiring right now 10% Employer requirements are too stringent 4% Mismatched salary expectations 3°% Lack of soft skills among applicants 2% This is the normal unemployment rate 2% Types of jobs available and jobs sought are 10/ mismatched Other 10% Not sure 4% 041% 35% 55% 73% 0% 20% 40% 60% 80% 100% aG Q6. Across the entire RVA region today, there are an estimated 30,000 people looking for work and 40,000 f.wi job openings. From your perspective, what is driving this gap? Please select all that apply. 46 -- -----........ --....... _..... ---.....-- -- - — --- -- — -- — All Types of Organizations Feel Similarly That Qualified Job Seekers Do Not Know How to Get in Front of Potential Employers Q6. Across the entire RVA region today, there are an estimated 30,000 people looking for work and 40,000 job openings. From your perspective, what is driving this gap? Please select all that apply. 47 --- - -- ------- ............. .....----- -- -- - All Types of Organizations Feel Similarly That Employers Do Not Know How to Tap into This Pool of 30,000 Job Seekers Less than 100 employees 38% Firm size 100-499 employees 37% 500 or more employees 31% Immediate Richmond metro area 35% Primary worksite location Other area 33% For-profit business 34% Organization type Other type of business 36% Q6. Across the entire RVA region today, there are an estimated 30,000 people looking for work and 40,000 job openings. From your perspective, what is driving this gap? Please select all that apply. 48 ------- ..... _...... ...._..__.. .__..... ,.__. 9 Less than 100 employees 44% Firm size 100-499 employees 37% 500 or more employees 42% Primary worksite Immediate Richmond metro area 44% location Other area 33% Organization For-profit business 36% type Other type of business 45% Q6. Across the entire RVA region today, there are an estimated 30,000 people looking for work and 40,000 job openings. From your perspective, what is driving this gap? Please select all that apply. 47 --- - -- ------- ............. .....----- -- -- - All Types of Organizations Feel Similarly That Employers Do Not Know How to Tap into This Pool of 30,000 Job Seekers Less than 100 employees 38% Firm size 100-499 employees 37% 500 or more employees 31% Immediate Richmond metro area 35% Primary worksite location Other area 33% For-profit business 34% Organization type Other type of business 36% Q6. Across the entire RVA region today, there are an estimated 30,000 people looking for work and 40,000 job openings. From your perspective, what is driving this gap? Please select all that apply. 48 ------- ..... _...... ...._..__.. .__..... ,.__. 9 . . . . . . . . . . ERE iii ji For a potential immediate impact on the jobs gap, CRC, SHRM, CCWA and the community colleges should further explore "communication- related" issues and offer solutions. Conduct qualitative research on this area to inform and inspire a more specific public-private action plan. 49 - ------- OR 3� �) 0 4j . .......... ... ... .... Half Agree That There Is No One Centralized Place to M 'Er", Post Jobs to Effectively Reach Qualified Job Seekers ,0 . .. ..... 5 - Agree very much 21% 4 29% Z 3 26% 16% 2 1 - Do not agree at all 8% 0% 20% 40% 60% 80% 100% what extent doyou agree with each ofthe following statements about finding qualified talentfrom Q5. To RVA: (c) There's no one central placeto postjob openings to effectively reach RVA's qualifiedjob seekers. 51 Testing Service Concepts " 7. Suppose you have 100 points to allocate to new initiatives that could help you j'7*nd available and qualified talent in RVA. The more points you allocate to an initiative, the more important you believe it is. "You may allocate as many points as you want to any need, but you only have 100 points to spend on all o them. How would you distribute the points among f the initiatives listed below?" (L 52 E#:q k—j A Master RVA Website Where Organizations Post Jobs Exclusively to Qualified Job Seekers Holds Promise ell 1. A master website of RVA job postings where organizations 31 can post jobs for qualified job seekers only 2. A centralized and well -organized database where qualified 24 job seekers looking for work can post their resumes 3. A respected rating program for job skills that RVA residents 18 can take to quantify their base skill and talent set 4. A series of well -promoted job fairs where qualified job 15 seekers can meet employers 5. A centralized, master database of college students 13 interested in RVA -based internships 100 53 ------- C 5,OTM 01 rr 0, .. . ... . /""/"/ ITO po(' TO PI database,,, ITt"od" " a!h'4i "d 2/,"',/`,',' Aker iii &'Wd .. ......... M Respondents are most interested in a centralized resource where employers can post RVA job listings for qualified job seekers and qualified job seekers can post resumes. CRC, SHRM, the community colleges, and CCWA leaders should investigate this opportunity. The community colleges and CCWA can help certify job seekers as "qualified" to gain access to this type of database. -55 rw W g ?7 A Third of Respondents Agree Richmond s Rising Reputation Is Growing the Talent Pool 5 - Agree very 09% much Al, 4 24% ilii 3 4 1 % 2 2% 'M Do nt agree at all 4% ; o . . ......... . ........... ..... .... ...... . ... ................ T------- I 0% 20% 40% 60% 80% 100% Q5. To what extent do you agree with each ofthe following statements about finding qualified talent from RVA: (d) The Richmond region's rising reputation as a great place to live is growing RVA's available and poo qualified talent l. . ... . .. . .... . ... — -------- Cf:q This Feeling Is Similar Across All Organization Sizes and Types Less than 100 employees 39% Firm size 100-499 employees 25% 500 or more employees 35% Primary worksite Immediate Richmond metro area 37% location Other area 23% For-profit business 28% Organization type Other type of business 37% Q5. To what extent do you agree with each of the following statements about finding qualified talent from RVA: (d) The Richmond region's rising reputation as a great place to live is growing RVA's available and qualified talent pool. 58 El a. ,,4 SIR Shift #4 Age shift � 9:1613 mm BG 25-29 211'&' 25-19- 0r4, 4 2 11" L 2 3 4 5 F, 7 Pe rce nt, of popu fat.143 n, 61 I 4*q 55+ 25-54 11.1 YZA r- A ®mac 163,450 I 2012 2022 Source: SIR Analysis of Bureau of Labor Statistics Feb 2012 Labor Force Projections 62 % Change: +5.5% 121,657 55+ 25-54 16-24 The Use of Older Workers Will Increase Labor Participation Rates (in millions) I CA 07C 163�450 % Change: +5.5% 2012 2022 Source: SIR Analysis of Bureau of Labor Statistics Feb 2012 Labor Force Projections 64 00E a Y 55+ 25-54 65 The Battle Will Pick Up for Younger Workers Labor Participation Rates (in millions) % Change: 154,975 163,450 +5.5% NWINVIN 2012 Source: SIR Analysis of Bureau Or LdU- 9M Summary of Findings 1. The majority of RVA employers prefer to hire RVA residents rather than recruit from outside the region. 2. Respondents report that finding qualified workers in RVA is real and challenging. 3. Seven in ten respondents feel the 30,000/40,000 jobs gap is due to qualification issues. 4. Soft skills are important to organizations today and play a part in the jobs gap. 000 68 E 5. While seven in ten respondents feel the 30,000/40,000 gap is due to qualifications, one in three also feel some of the jobs gap may involve communication -related issues. 6. Respondents feel that a centralized database where employers can reach qualified job seekers and qualified job seekers can post resumes would be helpful. 7. One in three respondents believe RVA's rising reputation as a place to live is helping to grow the region's qualified talent pool. 69 Pff, IN WJM_J • Package and share the findings of this study. • Consider the following: — share final report with all respondents — hold a "closing the jobs gap" region -wide summit. • In all outreach, reinforce the "hire local" mantra with a research -backed claim: "the majority of RVA firms prefer to hire from RVA's talent pool rather than recruit from outside the region," and point to immediate and long-term solutions (see following 70 ti C 0 0 1111:1 81 a i I I IN HO q 0 1 • Explore "communication -related" issues and offer solutions. Conduct qualitative research in this area to inspire a more specific action plan. • Explore soft skills training that can be offered on a community -wide basis. Explore ways for a public-private partnership to provide this (CRC, SHRM, CCWA and the community colleges) • Create a strategic partnership to launch or repackage a master website where employers can post RVA job listings only to qualified job seekers, and where qualified job seekers can post resumes. Explore ways for the community colleges and CCWA to certify qualified job seekers to access the I 71 • Recommended Actions • CRC, SHRM, CCWA, and the community colleges should work together to lead the community in formulating a long-term "closing the jobs gap" plan —a well -coordinated, market -wide, strategic approach that systematically addresses skills and 72 0 GI 'f s; CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: August 26, 2015 Item Number: 2.C. Subject: Report on Proposed Transfer of Schools Construction Procurement Responsibilities to the County Purchasing Department County Administrator's Comments: Al County Administrator: / The report is submitted as requested by the Board of Supervisors. Summary of Information: The Board of Supervisors set September 16, 2015 for a public hearing to consider an amendment to County Code Article V, Section 2-41(a) related to New Construction Procurement for Chesterfield County Schools. At the time the Board set the public hearing, they directed the county administrator to prepare a report on the transfer of said procurement responsibilities to the county purchasing department. County staff worked with school staff to prepare the report, as the Superintendent of Schools requested the transfer of this procurement activity. The report is submitted as requested by the Board of Supervisors. No action is required until after the public hearing on September 16th Preparer: Sheryl Bailey Title: Deputy County Adminstrator, Mgmt. Services Attachments: 0 Yes 1-1 No Proposed Transfer of Schools Construction Procurement Responsibilities to County Purchasing Department Staff Report for the Board of Supervisors August 20, 2015 1. Background: Request from Chesterfield County Public Schools and County Code The County Purchasing Department currently provides procurement services in partnership with Chesterfield County Public Schools (CCPS) for procurement above $5,000 to the CCPS Facilities Division and all other schools departments except New Construction and Food Services. In July 2015, a proposal was presented by CCPS for the County's Purchasing Department to expand this existing partnership to include the Schools New Construction Department. A change in the County Code will be required to implement the proposed change. As such, on July 22, 2015, the Board of Supervisors set a public hearing for September 16, 2015, to consider the proposed ordinance change. The Board of Supervisors also requested on July 22°d that staff provide a report outlining the policy considerations of the proposed transfer of responsibilities. This staff report is offered below, which builds on the outline provided to the Board on July 17, 2015. 2. Business Activities of Schools Construction Procurement • Chesterfield County Public Schools' New Construction Department currently has responsibility for a broad range of procurement activities, including: (1) professional services for the design and construction administration of school construction; (2) construction contracting for new buildings and additions and to renovate/revitalize existing buildings; (3) professional and non-professional services required for construction projects, and (4) furniture, fixtures and equipment (FF&E) required for the occupants' use of the facilities. • The FF&E related to outfitting new facilities above is likewise broad, including, but not limited to, instructional curriculum, lab equipment, kitchen equipment, audio visual equipment, desks, chairs, library furniture, band equipment, musical instruments, uniforms, computers, copiers, etc. • The New Construction Department also requires the services of the Right -Of -Way Office for obtaining building sites and utility easements as well as the offices of Risk Management and the County Attorney in the review and dispute resolution of contracts. 3. Benefits of Proposed Transfer Certified purchasing professionals with knowledge and experience in construction contracting will conduct and manage the procurements. Experienced and trained support staff with knowledge of requirements for public posting, advertising, receipt of bids, public bid openings, etc., will assure that ancillary processes, required by law, are met. Consolidated purchasing function will ensure consistency and efficiency of operations and adherence to the Virginia Public Procurement Act (VPPA), and the annual reporting of August 20, 2015 Page 1 of 7 ??'-0044 business with minority-owned, women -owned and Chesterfield businesses will now include school construction data. • Centralized point of contact for all county and school construction will make it easier for companies to do business with the county. • Organized and unified procurement records management will provide the ability to respond to Freedom of Information Act (FOIA) requests about school construction projects. • Established outreach programs used for all other county and school purchasing will now incorporate school construction, e.g., Breakfast with the Buyer, Virginia Association of Governmental Purchasing Reverse Trade Show, ProcureCon Asia Conference, etc. • Contracted construction change orders will conform to established county policies and processes. • The County and CCPS have worked together over the years to identify opportunities for consolidated service delivery resulting in a lengthy roster of shared functions, including fleet, grounds maintenance, internal audit, risk management, automated joint financial system, general ledger accounting, energy management, and purchasing excluding school construction and food service. These consolidated services have worked well and yielded savings to the taxpayers. 4. Potential Issues of Proposed Transfer • An increase of responsibilities and workload will occur for purchasing staff and management that are currently operating at maximum capacity and additional staffing will be required in the Purchasing Department. • An understanding and the adoption of the county internal processes by CCPS management and staff will need to occur in order to ensure consistency of the procurement function. • A transition process will need to be established and an audit will need to be conducted in order to assess the existing conditions and establish a clear cut-off and inventory of existing projects and contracts. • An education of CCPS construction vendors about the county's procurement processes, e.g., time stamping of bids, changes to bids, prequalification, standardization, no substitutes, brand name or equal, etc., will need to be established. • A modification of internal processes, policies, forms, and databases will need to be made to ensure efficiency. • An approval of contracts and amendments along with necessary coordination and management will need to occur with Purchasing, Schools New Construction and the School Board. • A legal review of contracts will need to be coordinated between the County Attorney and School Board Attorney. • Time and effort will be required by Purchasing staff and management to provide information and reports to respond to FOIA and other requests from citizens, the press, auditors, and vendors. • A determination will need to be made regarding the status of contracts and workload. • CCPS will need to retain a liaison role (currently the CIP Coordinator position in the New Construction Department) to continue to coordinate with CCPS Instructional Specialists to serve the changing instructional and curriculum needs. The Purchasing Department will not be able to perform this specialized task and the success of this reorganization depends upon CCPS retaining this critical role. August 20, 2015 Page 2 of 7 M 5. New Operational Model • The integration of county purchasing policies with schools construction activities will initiate a new operational model for the planning, design and management of the schools projects, including documented new policies, procedures, forms and databases. • The development of this new operational model for schools construction activities will take time based on a detailed inventory and assessment of existing projects and contracts, and a formal process redesign effort. • Training on county internal policies and procedures and the redesigned business processes will need to occur for schools construction staff. • Outreach to CCPS construction and equipment vendors will need to take place about the county's procurement processes and the redesigned business processes that will affect the planning, design, construction and outfitting of schools projects, including numerous furniture, equipment and instructional vendors as well. 6. Resource Requirements The school division is gearing up for the bond referendum projects with a renewed emphasis on collaboration with instructional staff and a focus on procurement. Furthermore, resource requirements may change dramatically if the current nine-year Schools CIP is amended to a shorter timeframe. Since County Purchasing previously has not been involved in schools construction activities and it will take some time to assess current conditions and establish a data framework, staff reviewed other sources to develop resource recommendations for the current policy considerations. First, construction contracting is a complex area of procurement, especially with larger dollar value projects. Initially, there will be coordination between Purchasing, New Construction staff, and the architectural and engineering (A&E) firms. Although A&E firms are hired to develop scope of work and specifications, it will be incumbent upon Purchasing to review each and every page of the project manual in order to assure compliance with the Code of Virginia and County policies as well as assurance there are no requirements that limit competition. Once the solicitation has been issued, Purchasing will be involved in pre- bid conferences, site visits, inquiries, and addenda. After the bids are received, Purchasing will coordinate with the A&E firm and New Construction staff on the award recommendation, reference checks, etc. Once the award recommendation is determined, Purchasing will provide bid information to New Construction for submission to the School Board for approval through an agenda item. Upon award, Purchasing will review the contract documents prepared by the A&E firm to assure compliance with the bid. Constant follow up requiring requests for the necessary bonds/insurance documents will be frequently required by Purchasing. Once the contracts have been executed, Purchasing will coordinate review by the attorney's office of the contracts, bonds, insurance and will route documents to the appropriate signatory authority and distribute once fully executed. Purchasing will be involved in all change orders and contract issues as required throughout the project. Moreover, the official records of the construction contracts and all related activity will be assembled and maintained. Second, the application of County Purchasing policies to the broad HE activities for outfitting new school facilities likewise will be complex. Research and evaluation of the best procurement approach will be performed for each item purchased to achieve the best value and outcome for the project and the school division. This broad range of purchasing activities will require detailed coordination with Schools New Construction staff and their respective instructional and operational counterparts in the school division. August 20, 2015 Page 3 of 7 • Third, staff surveyed other jurisdictions to gather comparisons for procurement staffing and school construction management staffing, as noted in Appendix A. This preliminary survey revealed that Chesterfield has fewer professional/management procurement staff and fewer schools construction staff than comparable localities, with a comparable volume of projects. • At this juncture, based on the complexity of construction procurements involved, the intricacy of the coordination and FFE procurements required to outfit new school facilities, and the preliminary benchmarking information noted above, staff believes that a minimum three (3) purchasing positions will be required to effectively perform the wide range of procurement activities undertaken by the Schools New Construction Department, and a phased implementation is proposed. • The current staff recommendation is to hire two (2) purchasing positions now to begin the transfer, and defer hiring the third position until the need is further substantiated based on an inventory and assessment of the extensive activity undertaken in the Schools New Construction Department. • Additionally, the Schools New Construction Department's liaison function will be critical to the overall success of the coordination of the procurements between the school division and the Purchasing Department. Given the wide-ranging instructional issues related to building design, furnishings, equipment and curriculum, the schools liaison function is important for the effectiveness of both Purchasing and Schools New Construction and underlies the current recommendation of only three (3) purchasing positions. 7. Funding/Transfer Mechanism It is estimated that the additional positions will cost between $200-300k on an annual basis, depending on when/whether or not the third position is ultimately implemented and recruitment specifics. Schools anticipates being able to accommodate funding the additional, partial (likely only a half year) FY2016 charges via vacancy and other operational savings, and would then work to include the full annual amount into their FY2017 financial plan. Mechanically, funding for the additional purchasing positions will be provided to the general government side via the existing intra -agency transfer process that is already used by the school division to fund their portion of other county -provided services, including purchasing services for school operations. 8. Transition Process and Milestones As with any major change, the proposed transition will take time. County and Schools staff have been working together collaboratively since this proposal was presented last month and these ongoing collaborations would continue if the transition is approved. If the Board of Supervisors decides on the transfer of responsibilities and the required change in the County Code, key steps in the transition include hiring purchasing staff, conducting a complete inventory and assessment of existing projects and contracts, integrating county purchasing policies with school construction activities, and training school staff on the purchasing policies and integrated procedures. Hiring and training the initial two purchasing positions is vital to effectively transferring the schools construction procurement responsibilities to County Purchasing. Recruitment for these positions would begin immediately if the Board approves the transfer. Based on previous experience and the employment market, three to five months is a minimum projection for these recruitments. August 20, 2015 Page 4 of 7 • Conducting an inventory of existing projects and contracts is also important so that the incoming Purchasing team will have a clear understanding of existing conditions. An analysis of the inventory should include, but not be limited to, verification of completeness; supporting documentation for contractor selection, contract terms, any change orders and related approvals; and any contracts subject to upcoming renewals. The audit should also consider changes to current School practices to conform to the Purchasing Department's approach to comply with the Virginia Public Procurement Act, for areas such as the pre-bid process, development of specifications, use of brand names, pre -qualification of bidders, and change order approval. The Internal Audit Department would be able to begin this critical audit in December 2015 after it concludes the audit support for the Comprehensive Annual Financial Report (by rearranging the timing of Schools projects in the FY2016 Audit Plan). • Integrating county purchasing policies with schools construction activities and training staff on the purchasing policies and integrated procedures are additional key components of the transition and will incorporate the results of the inventory and assessment of existing contracts and process improvements identified by the audit noted above. • Given the critical steps for this major transition above, if the Board decides to proceed, it is recommended that the transfer process begin immediately with the formal effective date of July 1, 2016, for the change in the County Code that would assign schools construction procurement to the County Purchasing Department. • Throughout the transitional process, however, the ongoing collaboration between Schools New Construction and County Purchasing on business processes and procurement activities would continue and increase until the official effective date of the transfer of schools construction procurement responsibilities. • It would be appropriate to reassess operations a year after the transfer of procurement responsibility to ensure Purchasing resources are sufficient for the additional work load and the information flow from Schools provides for effective procurement processing and results. 9. Recommendations Based on the considerations outlined in this report, staff recommends the following steps: o Approve the transfer of schools construction procurement to the county Purchasing Department and the associated change in the County Code. o Authorize three (3) new purchasing positions and the transfer/appropriation of funds. o Recruit two (2) new purchasing positions immediately after approval, proceed through transition process and continue ongoing collaborations between Schools New Construction and Purchasing. o Complete transition by July 1, 2016, as the official effective date of the change in the County Code that authorizes the transfer of schools construction procurement to the County Purchasing Department. Staff looks forward to feedback from the Board of Supervisors and will be available to answer any questions. August 20, 2015 Page 5 of 7 H L O h •L d M O c E t m 0. C7 b-0 m t V L 7 CL 4 Y C O V N Z O i+ C O CL v ao m CL Y x v Z c O N O Z a) m O own a M, T Y N N N i +O+ C c (a m O O O m Y N '6 h0 O OY N v V N 3 Q `w v m ° a>, — c('.) T v V CL L ++ N c N N w N ED .. 0 Ln cQJ o_ O v N 0 N O 6 E m m D N CU +' Y 6 O U O 0 N M a N -a 00 O Q c -0 c •� U O O 0 O- p '++ O N N -a Q O O .� m m to i� c O -0 O O O 0 0 0 U m 0 0 v i U OGI m Y CL U 41 u 0 00 CA O OM N O i T i C N O C Y Y CL N E +-' m c N Y N E O c o 0 — E N 0 cbn N c T `+- ++ E coo O Y U W t+� N c v '6 N m m> U O v N ,++ >8 c O T Y Y N� N m i- O C V@ O O Q- ajv LW f6 �U O N O L N V = Ln mtto 40- bio •� E L N QI T L O i-+ U O '++ O O v- > > > Q O O O i h O U >�+M- m N c N c c c> a U 'N ° a v 00 v v � .m N ci m N 00 V V +N+ N L N N N c •� O O O 0 0 O v 0 a o v L N O c O O c O O u a E N � O U ++ i U N s U o Y t V t m U ai Y O L O 3> 3 c 3> 3 > 3 N C- CU cr- c0 cc c'vc'm� -+ on v E + Ln d m -o vm- oo i+ m a �N N� U C N N N O V G G CL a r id O v 4+ O O OJ O N �N Vf = H C M v° � T C O = O m u aT E 0 � O •bA O O U O Of N U 0 0 to O T T m v =3 G :3 Y 'v Y m _ v u ° n coy v ao m CL Y x v Z c O N O Z a) m O own a M, \ z 0 / ƒk/ \ 0 o z E&® / aj\ k \ \ u Ln0 _ 0 / / ( / »z7 u / e \ -0 0 @ {\5 ) 222 uc+( « cj vu, » 3 / & CL \5\ ) / i\ { 0 d :3 2 u \ E u c j0 0 \ LL = 'n » / \ 8 \ O'n W / c _ u 0 \ /a[\ \ \ \ X \ - ) / \0 - LL -E g § \ E \ \ § u U / E©�\ 0 2 k 7 J § / { C \ Q)$ ) / \ t - CL C c ® / \ CL/ / / = y \= 0 y o _/ `cuE / \ g ° , § \ ( ) \CL C: u 0 » \ 0 CL -0 ƒ uo § - ± 7 § ) k / ( 7 / / 0 _ \ 0 \ \ ai E \ % � ®2 j \ 2 ƒ / / / ƒ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: August 26, 2015 Item Number: S.A. Subiect: Recognition of 2015 National Association of Counties (NACo) and Virginia Association of Counties (VACo) Achievement Award Winners County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Annually, the Board of Supervisors recognizes county departments that receive Achievement Awards from the National Association of Counties (NACo). We are proud to announce Chesterfield County is the recipient of 11 NACo Achievement Awards this year. Representatives from the appropriate departments are present to receive awards (see attached). The county also received one Achievement Award from the Virginia Association of Counties (VACo). Mr. Dean Lynch, Deputy Executive Director for VACo, will present the VACo Award. Preparer: Louis G. Lassiter Attachments: ® Yes El No Title: Assistant County Administrator #v�i�3051 2015 NACo ACHIEVEMENT AWARD WINNERS Chesterfield County, Virginia 11 winners out of 16 entries Accounting Mike Dance Assistant Director Adolescent Reporting Program Deborah Dugger Director Community Corrections Services Victoria Trent Economic Development John Watt Project Manager Juvenile Detention Marilyn Brown Libraries Carolyn Sears Library Services Administrator Carolyn Sears Library Services Administrator MH/MR and Learning & Performance Melissa Ackley and Janet Roberts Police 2 K. C. Carr Major Andrea Riesmeyer Captain Utilities Elizabeth Brooks Customer Operations Administrator PROJECT Open Government Webpage Adolescent Reporting Program Community Service Center of Risk Reduction Sports Tourism Support to Business Viewing Behavior Through a Different Lens: Trauma Informed Care in Detention Community Demographics and Engagement in Libraries STEM Learning with a Library Robotics Team Mental Health First Aid and Applied Suicide Intervention Skills Training for County Employees Free Ride Home Position Readiness Education Program (PREP) Optimizing Performance Measures to Enhance Our Business Practices and Maintain Excellent Customer Service 2015 VACo ACHIEVEMENT AWARD WINNER Carolyn Sears Created Equal: Engaging the Community Through Library Services Administrator Conversation 1= CHESTERFIELD COUNTY "tea BOARD OF SUPERVISORS Page 1 of 1 AGENDA RGlti �` Meeting Date: August 26, 2015 Item Number: 8.A.1. Subject: Nomination/ Reappointment to the Lower Magnolia Green Community Development Authority Board County Administrator's Comments: County Administrator: The Board is requested to reappoint Magnolia Green Community Development Bethany Miller, Ms. Debra Girvin, Mr. Summary of Information: the following individuals to the Lower Authority Board: Mr. Mark Wauford, Ms. Art Heinz, Mr. Robert Bullock. The Lower Magnolia Green Community Development Authority was created on August 22, 2007, for the purpose of issuing bonds to finance infrastructure improvements to serve the residents and businesses within the CDA District. The existing appointments expire August 31, 2015. All existing members have requested to serve another four-year term on the Board of the Lower Magnolia Green Community Development Authority, effective September 1, 2015, and expiring August 31, 2019. The Board of Supervisors concurs with these appointments. Under existing Rules of Procedure, appointments to boards and committees are nominated at one meeting and appointed at the subsequent meeting unless the Rules of Procedure are suspended by a unanimous vote of the Board members present. Preparer: Louis Lassiter Title: Assistant County Administrator Attachments: 1:1 Yes 0 No �QOo 1749 � hac3c COUNTYCHESTERFIELD BOARD • • • AGENDA Page 1 of 2 Meeting Date: August 26, 2015 Item Number: 8.A.2. Subiect: Nominations/Appointments/Reappointments to the Youth Services Citizen Board County Administrator's Comments: County Administrator: Board Action Nominate/appoint/reappoint members to serve on the Youth Services Citizen Board. Summary of Information: The purpose of the Youth Services Citizen Board is to advise the Board of Supervisors regarding planning and policies affecting youth development and to provide a community forum to focus on youth issues. Dale District. Supervisor Holland recommends that the Board nominate and appoint Sydney Mean from L.C. Bird High School for a term of September 1, 2015, through June 30, 2016. Ms. Mean meets all eligibility requirements to fill the vacancies and has indicated her willingness to serve. Matoaca District. Supervisor Elswick recommends that the Board reappoint Drew Birchmeir from Cosby High School and reappoint Aaliyah McLean from Matoaca High School for a term of September 1, 2015, through June 30, 2016. Mr. Birchmeir and Ms. McLean meet all eligibility requirements to fill the vacancies and have indicated their willingness to serve. Preparer: Jana D. Carter Title: Director Juvenile Services Attachments: Yes ® No #3 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Summary of Information: (continued) Midlothian District. Supervisor Gecker recommends that the Board reappoint Natacha Rangel-Ribeiro from James River High School for a term of September 1, 2015, through June 30, 2016. Ms. Ribeiro meets all eligibility requirements to fill the vacancies and has indicated her willingness to serve. Under the existing Rules of Procedure, appointments to boards and committees are nominated at one meeting and appointed at the subsequent meeting unless the Rules of Procedure are suspended by a unanimous vote of the Board members present. r :. CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: August 26, 2015 Item Number: 8.A.3. Subiect: Nomination and Appointment to Chesterfield Community Services Board County Administrator's Comments: County Administrator: Board Action Requested: Nomination/appointment of Ms. Jennifer Davis, at -large representative, to the Chesterfield Community Services Board, with a term effective immediately through December 31, 2017. Summary of Information: The Chesterfield Community Services Board is designated as an Administrative/ Policy Board responsible for the provision of public mental health, intellectual disabilities and substance abuse services. Ms. Jennifer Davis has specific expertise and experience that will be beneficial to the Board should the Board of Supervisors choose to appoint her. Ms. Davis would be filling an unexpired three-year term. Her term would be effective immediately and would expire on December 31, 2017. Board members concur with this appointment. Under the existing Rules of Procedure, appointments to boards and committees are nominated at one meeting and appointed at the subsequent meeting unless the Rules of Procedure are suspended by a unanimous vote of the Board members present. Nominees are voted on in the order they are nominated. Preparer: Debbie Burcham Title: Executive Director, Community Services Board Attachments: FlYes 0 No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: August 26, 2015 Item Number: 8.A.4. Subiect: Nomination and Appointment of Directors to the GRTC Transit System Board of Directors and Authorization to Elect Directors at the GRTC Annual Meeting County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to nominate and appoint three directors to the GRTC Board for one-year terms, effective October 10, 2015, and expiring October 9, 2016, and to authorize the County Administrator or his designee to appear at the GRTC annual meeting to vote for the directors appointed by the Board and by the Richmond City Council. Summary of Information: GRTC is a publicly -owned corporation which was formed to provide public transportation services in the Richmond regional area. Chesterfield County and the City of Richmond each own 50 percent of the GRTC as its two sole shareholders. GRTC is governed by a six -member board of directors, three appointed by the Chesterfield Board of Supervisors and three by the Richmond City Council. The terms for the county's current GRTC Directors, (Daniel K. Smith, David Matthews and Gary Armstrong), will expire on October 9, 2015. Mr. Smith, Mr. Matthews and Mr. Armstrong have agreed to continue to serve, if reappointed, and have an application on file. The Board received a total of four applications for appointment to the GRTC Board. Under the GRTC by-laws, Preparer: Louis G. Lassiter Title: Assistant County Administrator Attachments: FlYes No #" , CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Summary of Information: (Continued) the Board may reappoint the current directors to the next term or may appoint new directors. There are no eligibility requirements to serve as a director on the GRTC Board. Board members concur with reappointment of the current directors. Directors are appointed each year for one-year terms beginning in October. The Board is requested to consider nominees for appointment to the GRTC Transit System Board of Directors. Under the existing Rules of Procedure, appointments to boards and committees are nominated at one meeting and appointed at the subsequent meeting unless the Rules of Procedure are suspended by a unanimous vote of the Board members present. Nominees are voted on in the order in which they are nominated. The GRTC Articles require the county and the City of Richmond, as GRTC's shareholders, to vote at the annual meeting for the three directors appointed by the other jurisdiction. The Board should, therefore, also authorize the County Administrator or his designee to appear at the annual meeting and vote on behalf of the county for the GRTC Directors. Recommendation: Staff recommends the Board: 1) Nominate/ reappoint Daniel K. Smith, David Matthews and Gary Armstrong to serve on the GRTC Board of Directors for the one-year term through October 9, 2016. 2) Authorize the County Administrator or his designee to appear at the annual meeting and vote on behalf of the county for the GRTC Directors appointed by the Chesterfield County Board of Supervisors and by the Richmond City Council. G, Cos 9 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: August 26, 2015 Item Number: 8.B.1.a. Subiect: Resolution Recognizing E. I. du Pont de Nemours and Company as They Celebrate the 50th Anniversary of the Invention of Kevlar° County Administrator's Comments: County Administrator: Adoption of the attached resolution. Summary of Information: The attached resolution recognizes E. I. du Pont de Nemours and Company on the 50th An of the invention of Kevlar°, a high-strength fiber used in a number of commercial products, most notably lifesaving products used in public safety and military applications. Kevlar was invented in 1965 by DuPont scientist, Stephanie Kwolek and has been used in everything from the space shuttle to surfboards. DuPont, as part of their 50th anniversary celebration has launched a Dare Bigger TM campaign to encourage people to tell their stories about how Kevlar has changed their businesses or their lives. DuPont has made numerous investments at their Chesterfield County Spruance Plant in support of Kevlar° production, most recently investing $50 million to expand production capacity of the Kevlar line. Preparer: H. Garrett Hart Title: Director, Economic Development Attachments: Yes F-1No # RECOGNIZING E.I. DU PONT DE NEMOURS AND COMPANY ON THE 50TH ANNIVERSARY OF THE INVENTION OF KEVLAR® WHEREAS, DuPont's Spruance Plant County community for more than 80 "Girls in Science," "First Virginia and has been a part of the Chesterfield years, supporting programs such as Robotics" and "Rebuilding Together"; WHEREAS, the Spruance Plant is DuPont's largest manufacturing site in terms of both employment and capital investment; and WHEREAS, Kevlar° is a name that has become synonymous with lifesaving products; and WHEREAS, Kevlar°, a high-strength fiber, was first developed in 1965 by DuPont scientist, Stephanie Kwolek, a true pioneer for women in science; and WHEREAS, Kevlar° is credited with shielding more than 3,000 law enforcement officers and an unknown number of military personnel from serious injury or death; and WHEREAS, the company has invested more than $50 million over the past several years to expand production capacity for Kevlar° at their Chesterfield County Spruance facility; and WHEREAS, DuPont scientists have put Kevlar°'s high-strength but lightweight properties to use in new ways, including everything from the space shuttle to surfboards and automobile tires, to protecting the satellites that help make modern, global communications possible; and WHEREAS, DuPont, as part of the 50th anniversary of Kevlar°, has launched the Dare Bigger TM campaign, which encourages people to submit stories about how Kevlar has changed their businesses or their lives. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes and congratulates the outstanding contributions of E. I. du Pont de Nemours and Company, expresses the appreciation of all residents for its service to Chesterfield County, and extends congratulations on the 50th anniversary of the invention of Kevlar°. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to E. I. du Pont de Nemours and Company and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: August 26, 2015 Item Number: 8.113.1.b.1. Subject: Resolution Recognizing Lieutenant David J. Hammond, Medical Services Department, Upon His Retirement County Administrator's Comments: County Administrator: Board Action Requested: Adoption of attached resolution. Summary of Information: Lieutenant David J. Hammond retired Services Department on August 1, 2015, the residents of Chesterfield County. Fire and Emergency from the Fire and Emergency Medical after providing 25 years of service to Preparer: Edward L. Senter Jr. Title: Fire Chief Attachments: 0 Yes F-1No # N)O 2 RECOGNIZING LIEUTENANT DAVID J. HAMMOND UPON HIS RETIREMENT WHEREAS, Lieutenant David J. Hammond retired from the Fire and Emergency Medical Services Department, Chesterfield County, on August 1, 2015; and WHEREAS, Lieutenant Hammond attended Recruit School #23 in 1990, and has faithfully served the county and its residents for 25 years in various assignments; and WHEREAS, Lieutenant Hammond served as a firefighter at the Ettrick, Midlothian, Airport and Bensley Fire and EMS Stations; and WHEREAS, Lieutenant Hammond was promoted to Lieutenant in 1999, and served as a company officer at the Clover Hill, Dutch Gap, and Bensley Fire and EMS Stations; and WHEREAS, Lieutenant Hammond has been a member of the Technical Rescue Team since the team's inception in 1998; and WHEREAS, Lieutenant Hammond was the lead instructor for Recruit Schools #33 and #34 while assigned to the Training and Education Division; and WHEREAS, Lieutenant Hammond was a member of a department team that was deployed to Baton Rouge and St. Bernard Parish, Louisiana to assist localities following Hurricane Katrina in 2005; and WHEREAS, Lieutenant Hammond was recognized with an EMS Unit Citation for his exceptional teamwork and professional manner displayed while caring for a citizen in cardiac arrest in November 2006; and WHEREAS, Lieutenant Hammond was recognized with a Unit Citation for his teamwork displayed controlling a fire resulting in successful search and rescue efforts in September 2007; and WHEREAS, Lieutenant Hammond was recognized with a Lifesave Award for his role in saving the life of a citizen trapped inside a structure fire in October 2013; and WHEREAS, Lieutenant Hammond used his computer knowledge and skills to create a tool that enabled personnel to accurately and consistently document the delivery, dispensing and reporting for diesel fuel in the fire stations which is still in use today, and allows for a quick and accurate accounting. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Lieutenant David J. Hammond, expresses the appreciation of all residents for his service to the county, and extends their appreciation for his dedicated service and congratulations upon his retirement. AGENDA . 1 Page 1 of 1 Meeting Date: August 26, 2015 Item Number: &B.1.b.2. Subject: Resolution Recognizing Firefighter Douglas C. Ayers, Fire and Emergency Medical Services Department, Upon His Retirement County Administrator's Comments: County Administrator: Board Action Requested: Adoption of attached resolution. Summary of Information: Firefighter Douglas C. Ayers will retire from the Fire and Emergency Medical Services Department on September 1, 2015, after providing 25 years of service to the residents of Chesterfield County. Preparer: Edward L. Senter Jr. Title: Fire Chief Attachments: Yes ❑ No # q3,0064 RECOGNIZING FIREFIGHTER DOUGLAS C. AYERS UPON HIS RETIREMENT WHEREAS, Firefighter Douglas C. Ayers will retire from the Fire and Emergency Medical Services Department, Chesterfield County, on September 1, 2015; and WHEREAS, Firefighter Ayers attended Recruit School #23 in 1990, and has faithfully served the county and its residents for 25 years in various assignments; and WHEREAS, Firefighter Ayers served at the Manchester, Clover Hill, Bon Air, Swift Creek, Beach Road and Matoaca Fire and EMS Stations; and WHEREAS, Firefighter Ayers was certified as an Emergency Medical Technician - Cardiac Technician in 1992, and Paramedic in 1994, providing advanced life support services; and WHEREAS, Firefighter Ayers was recognized with an Emergency Medical Services Award for saving the life of a newborn baby in December 1991; and WHEREAS, Firefighter Ayers was recognized with an Emergency Medical Services Award for saving the life of a citizen suffering from cardiac arrest in December 1992; and WHEREAS, Firefighter Ayers was recognized with a Unit Citation for his teamwork displayed controlling a fire resulting in successful search and rescue efforts in March 2000; and WHEREAS, Firefighter Ayers was recognized with a Unit Citation and Lifesave Award for his teamwork and actions resulting in saving lives of children trapped inside a house fire in March 2007. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Firefighter Douglas C. Ayers, expresses the appreciation of all residents for his service to the county, and extends their appreciation for his dedicated service and congratulations upon his retirement. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: August 26, 2015 Item Number: 8.B.I.b.3. Subiect: Resolution Recognizing Sergeant Barry D. Bowman, Police Department, Upon His Retirement County Administrator's Comments: County Administrator: 01 6T Board Action Requested: Adoption of the attached resolution. Summary of Information: Sergeant Barry D. Bowman will retire from the Police Department on September 1, 2015, after providing over 31 years of service to the residents of Chesterfield County. Preparer: Colonel Thierry G. Dupuis Title: Chief of Police Attachments: 0 Yes 7 No RECOGNIZING SERGEANT BARRY D. BOWMAN UPON HIS RETIREMENT WHEREAS, Sergeant Barry D. Bowman will retire from the Chesterfield County Police Department on September 1, 2015, after providing over 31 years of quality service to the residents of Chesterfield County; and WHEREAS, Sergeant Bowman has faithfully served the county in the capacity of Patrol Officer, Detective, Acting Administrative Lieutenant, Acting Sergeant and Sergeant; and WHEREAS, during his tenure, Sergeant Bowman has served in various assignments, including Field Training Officer, Multi -jurisdictional Interdiction Task Force member, Richmond Metropolitan Multi -jurisdictional Grand Jury Task Force member, Police Quality Council member, Asset Forfeiture Coordinator, Off Duty Sergeant, Field Training Officer Sergeant, Administrative Sergeant, and K-9 Sergeant; and WHEREAS, Sergeant Bowman was the recipient of a Chief's Commendation for his decisive actions and outstanding leadership in coordinating the successful conclusion to a dangerous, high speed pursuit; and WHEREAS, Sergeant Bowman was recognized with a Unit Citation for his leadership of the K-9 Unit for the exemplary service provided to the residents of Chesterfield County, fellow police officers, and for the multi - jurisdictional support provided to local law enforcement agencies; and WHEREAS, Sergeant Bowman is recognized for his excellent communications and human relations skills, his multi -tasking skills, strong work ethic and teamwork, all of which he has utilized within the Police Department and in assisting residents of Chesterfield County; and WHEREAS, during his tenure, Sergeant Bowman has received numerous letters of commendation, thanks and appreciation for services rendered; and WHEREAS, Sergeant Bowman has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Sergeant Bowman's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Sergeant Barry D. Bowman and extends on behalf of its members and the residents of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. CAESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 Meeting Date: August 26, 2015 Item Number: 8.B.1.b.4. Subiect: Resolution Recognizing Corporal James A. Farrow, Police Department, Upon His Retirement County Administrator's Comments: County Administrator: Vj Board Action Requested: Adoption of the attached resolution. Summary of Information: Corporal James A. Farrow will retire from the Police Department on September 1, 2015, after providing 24 years of service to the residents of Chesterfield County. Preparer: Colonel Thierry G. Dupuis Title: Chief of Police Attachments: 0 Yes F-1No # RECOGNIZING CORPORAL JAMES A. FARROW UPON HIS RETIREMENT WHEREAS, Corporal James A. Farrow will retire from the Chesterfield County Police Department on September 1, 2015, after providing 24 years of quality service to the residents of Chesterfield County; and WHEREAS, Corporal Farrow has faithfully served the county in the capacity of Patrol Officer, Senior Police Officer, Master Police Officer, Career Police Officer and Corporal; and WHEREAS, Corporal Farrow has also served as Field Training Officer and School Resource Officer; and WHEREAS, Corporal Farrow was the recipient of a Meritorious Service award for his actions during an attempted suicide in October 1991, whereby his personal bravery and self sacrifice saved the life of an individual, armed with a shotgun, who was very despondent and suicidal; and WHEREAS, Corporal Farrow is recognized for his communications and human relations skills, his professionalism and teamwork, all of which he has utilized within the Police Department and in assisting residents of Chesterfield County; and WHEREAS, Corporal Farrow has received numerous letters of commendation, thanks and appreciation for services rendered; and WHEREAS, Corporal Farrow has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Corporal Farrow's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Corporal James A. Farrow, and extends on behalf of its members and the residents of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. � O®C9 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: August 26, 2015 Item Number: 8.13.1.b.5. Subiect: Resolution Recognizing Mrs. Dorena C. Ostwinkle, Police Department, Upon Her Retirement County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution. Summary of Information: Mrs. Dorena C. Ostwinkle will retire from the Police Department on September 1, 2015, after providing 25 years of service to the residents of Chesterfield County. Preparer: Colonel Thierry G. Dupuis Attachments: 0 Yes Title: Chief of Police F-1No # X0710 RECOGNIZING DORENA C. OSTWINKLE UPON HER RETIREMENT WHEREAS, Mrs. Dorena C. Ostwinkle will retire from the Chesterfield County Police Department on September 1, 2015, after providing 25 years of outstanding quality service to the residents of Chesterfield County; and WHEREAS, Mrs. Ostwinkle has faithfully served the county in the capacity of Senior Clerk Typist/Receptionist, Senior Office Assistant, Customer Service Representative and Senior Customer Service Representative; and WHEREAS, Mrs. Ostwinkle and her co-workers were the recipient of a Unit Citation Award for the professionalism, dedication and diligence displayed in achieving a 99.7 percent accuracy rate in records management and providing superior customer service while the department was operating well below authorized staffing; and WHEREAS, Mrs. Ostwinkle had an instrumental role in the relocation of the Record Room to another building, keeping a positive attitude during the entire move and ensuring that the quality of customer service was maintained at the highest levels; and WHEREAS, Mrs. Ostwinkle was recognized for her recommendation to change the paper color VCIN validation letters to give recipients a visual reminder that an immediate response was needed, and this suggestion resulted in nearly a 100 percent return rate eliminating time-consuming and costly follow-up; and WHEREAS, Mrs. Ostwinkle was consistently praised during her career for her diligence in treating each customer with kindness and respect; and WHEREAS, Mrs. Ostwinkle was an excellent team player and always displayed the utmost professionalism in her daily interactions with internal and external customers; and WHEREAS, Mrs. Ostwinkle has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Mrs. Ostwinkle's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mrs. Dorena C. Ostwinkle, and extends on behalf of its members and the residents of Chesterfield County, appreciation for her service to the county, congratulations upon her retirement, and best wishes for a long and happy retirement. 1;.060,71. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: August 26, 2015 Item Number: 8.13.1.b.6. Subject: Resolution Recognizing Sergeant Curtis C. Tanner, Sr., Police Department, Upon His Retirement County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution. Summary of Information: Sergeant Curtis C. Tanner, Sr. will September 1, 2015, after providing residents of Chesterfield County. retire from the Police Department on nearly 32 years of service to the Preparer: Colonel Thierry G. Dupuis Title: Chief of Police Attachments: ® Yes El No 600072 RECOGNIZING SERGEANT CURTIS C. TANNER, SR., UPON HIS RETIREMENT WHEREAS, Sergeant Curtis C. Tanner, Sr. will retire from the Chesterfield County Police Department on September 1, 2015, after providing nearly 32 years of outstanding quality service to the residents of Chesterfield County; and WHEREAS, Sergeant Tanner has faithfully served the county in the capacity of Patrol Officer, Detective and Sergeant; and WHEREAS, Sergeant Tanner has also served as a Field Training Officer, Evidence Technician, Breathalyzer Operator, and as a member of the Marine Patrol, Police Quality Council and Critical Incident Stress Management Team; and WHERAS, Sergeant Tanner has been a general instructor and is recognized as an excellent radar instructor and veteran driving instructor, tasks which he has performed for more than 20 years; and WHEREAS, Sergeant Tanner has served in various assignments during his career to include lead patrol sergeant, administrative sergeant, Traffic Unit sergeant, Community Policing sergeant and School Resource sergeant; and WHEREAS, Sergeant Tanner received a Life Saving Award for his quick and efficient efforts in applying pressure to the wounds of a homicidal and suicidal suspect who had cut his wrist in an attempt to end his life; and WHEREAS, Sergeant Tanner was recognized with the Mason T. Chalkley Supervisory Award for Excellence for his genuine concern for those under his command and his recognition of their unique talents and the individualism they possess; and WHEREAS, Sergeant Tanner is recognized for his excellent communications and human relations skills, his professionalism and his teamwork, all of which he has utilized within the Police Department and in delivering outstanding customer service to the residents of Chesterfield County; and WHEREAS, Sergeant Tanner has received numerous letters of commendation, thanks and appreciation for services rendered; and WHEREAS, Sergeant Tanner has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Sergeant Tanner's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Sergeant Curtis C. Tanner, Sr., and extends on behalf of its members and the residents of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: August 26, 2015 Item Number: 8.113.1.b.7. Subiect: Resolution Recognizing Mr. Lester L. Pryor, Jr., Youth Supervisor at the Juvenile Detention Home Upon His Retirement County Administrator's Comments: County Administrator: 5, Board Action Requested: The adoption of the attached resolution. Summary of Information: Lester Pryor is retiring from the Juvenile Detention Home after providing more than 18 years of service to the citizens of Chesterfield County. Preparer: Marilyn G. Brown Title: Director Juvenile Detention Home Attachments: 0 Yes C-1 No # C;0074 RECOGNIZING MR. LESTER L. PRYOR, JR. UPON HIS RETIREMENT WHEREAS, Mr. Lester L. Pryor Jr. retired from the Chesterfield County Juvenile Detention Home on August 1, 2015, after providing over 18 years of quality service to the citizens of Chesterfield County; and WHEREAS, Mr. Pryor has faithfully served the county's Juvenile Detention Home in his role of youth supervisor; and WHEREAS, Mr. Pryor has provided the residents of the Chesterfield Juvenile Detention Home with quality care and supervision; and WHEREAS, Mr. Pryor was certified and served as a statewide instructor in Handle With Care, the Department of Juvenile Justice's mandated physical restraint program; and WHEREAS, Mr. Pryor has dedicated 18-1/2 years of service to working with troubled youth; and WHEREAS, Mr. Pryor served with distinction on the overnight shift for many years, competently and capably handling the unique challenges of that shift; and WHEREAS, Mr. Pryor was a TQI graduate and Quality Council member. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mr. Lester L. Pryor, Jr., and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his years of loyal service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. 00075 ti CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 1749 AGENDA �RGIN�' Meeting Date: August 26, 2015 Item Number: 8.113.1.1b.8. Subiect: Resolution Recognizing Stanley A. Pegram, Utilities Department, Upon His Retirement County Administrator's Comments: County Administrator: Board Action Requested: Staff requests the Board adopt the attached resolution. Summary of Information: Staff requested the Board adopt the attached resolution recognizing Stanley Pegram for over 34 years of service to the Chesterfield County Utilities Department. Preparer: George B. Hayes Attachments: ■ Yes F-1No Title: Director, Utilities Department 000076 RECOGNIZING MR. STANLEY A. PEGRAM UPON HIS RETIREMENT WHEREAS, Mr. Stanley A. Pegram retired from Chesterfield County Utilities Department on June 30, 2015; and WHEREAS, Mr. Pegram began his public service with Chesterfield County on May 25, 1981, when he was hired by the Chesterfield Utilities Department as a Laborer I; and WHEREAS, Mr. Pegram was promoted several times within his division and has served faithfully as a Principal Labor Crew Chief from 1996 until his retirement; and WHEREAS, Mr. Pegram directed the day-to-day activities of crews responsible for the maintenance and repair of water distribution lines and associated appurtenances; and WHEREAS, Mr. Pegram focused on providing world-class customer service by consistently meeting or exceeding customer expectations; and WHEREAS, Mr. Pegram continuously utilized his knowledge of mainline repair techniques and experience to provide water service that was safe, reliable and environmentally sound; and WHEREAS, Mr. Pegram was highly respected and liked by his peers and coworkers; and WHEREAS, Mr. Pegram willingly and faithfully worked after hours and during emergencies to restore water service to customers regardless of weather conditions or the time of day; and WHEREAS, throughout his career with Chesterfield County, Mr. Pegram displayed dependability, aptitude, good character and values. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mr. Stanley A. Pegram and extends on behalf of its members and citizens of Chesterfield County, appreciation for more than 34 years of exceptional service to the county. 0077 CHESTERFIELD COUNTY 7 BOARD OF SUPERVISORS Page 1 of 2 1739 . AGENDA Meeting Date: August 26, 2015 Item Number: 8.113.1.c. Subject: Adoption of Resolution Identifying Land Uses That Are Urban Development Area (UDA)-Like County Administrator's Comments: County Administrator: The Board is requested to adopt the the Comprehensive Plan which meet the the Code of Virqinia, Section 15.2-223 Summary of Information: resolution identifying land uses in intent of 11UDA-like" as defined by 1. In 2014, House Bill 2 (HB2) was enacted which requires the Commonwealth Transportation Board (CTB) to utilize a statewide prioritization process for selecting transportation projects for funding. Once fully implemented in FY2021, approximately 25 percent of the total VDOT funding will be HB2 eligible. The state's Office of Intermodal Planning and Investment (OIPI) developed the HB2 process, which has been adopted by the CTB. (Continued on next page) Preparer: Jesse W. Smith Title: Director of Transportation Preparer: Kirk Turner Title: Director of Plannin Attachments: 0 Yes ❑ No CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Summary of Information: (continued) The legislation dictates that HB2 funded projects demonstrate they meet a capacity need identified in the state's long-range multimodal transportation plan (VTRANS 2040), which is currently being updated. Needs will be identified for Corridors of Statewide Significance, Regional Networks and/or Urban Development Areas (UDAs). County staff has met with OIPI staff and determined areas in our current Comprehensive Plan that could be defined as UDA-like per the Code of Virginia, Section 15.2-223.1 (Attachment C). OIPI staff indicated that in lieu of a revision to the Comprehensive Plan, an acceptable alternate means to identify UDA-like areas is by Board resolution. OIPI has reviewed the resolution and "Map of Potential UDAs" (Attachments A and B), and confirmed that these will satisfy the requirements for HB2. In order to ensure that the county maximizes funding opportunities to address transportation needs, staff recommends the Board adopt the resolution identifying areas of the existing Comprehensive Plan that meet the intent of the Code of Virginia, Section 15.2-223.1. Recommendation: Staff recommends the Board adopt the resolution confirming land uses in the Comprehensive Plan which meet the intent of the Code of Virginia, Section 15.2-223.1. District: Countywide WHEREAS, during the 2014 session of the General Assembly legislation was passed requiring the Commonwealth Transportation Board (CTB) to develop a statewide transportation project prioritization process; and WHEREAS, the prioritization process developed by the CTB includes, as a first step, screening projects to determine if they meet needs identified in the state long-range multimodal transportation plan for Corridors of Statewide Significance, Regional Networks or Urban Development Areas; and WHEREAS, Section 15.2-2223.1 of the Code of Virginia defines Urban Development Areas (UDAs) as areas designated by a locality that are appropriate for higher density development, primarily due to proximity to transportation facilities, public utilities or areas for redevelopment or infill; and WHEREAS, the Chesterfield County Comprehensive Plan dated October 24, 2012 does not designate specific areas as UDAs, however, includes land use categories in Chapter 10 (pages 91- 113) which meet the intent of Section 15.2-2223.1 of the Code of Virginia, including Regional Mixed Use, Community Mixed Use, Residential Mixed Use, Medium -High Density Residential, and High Density Residential, as well as the following land use categories from area plans: • Residential 7.01-14 units per acre (Eastern Midlothian Plan) • High Density Residential (Jahnke/Chippenham Plan) • Residential 7.01-10 units per acre (Jefferson Davis Corridor Plan) • Community Commercial (Jefferson Davis Corridor Plan) • Regional Mixed Use (Jefferson Davis Corridor Plan) • Planned Transition Area (Midlothian Area Community Plan) • Office/Residential Mixed Use (Northern Courthouse Road Community Plan) • Mixed Use Corridor (Route 360 Corridor Plan); and Attachment A 1 of 2 080 WHEREAS, these land use categories incorporate principals of traditional neighborhood design such as pedestrian -friendly road design, interconnection of new local streets to existing streets, connectivity of road and pedestrian networks, preservation of natural areas, mixed-use neighborhoods including affordable housing; and WHEREAS, Chesterfield County anticipates these areas to develop at a rate proportional to the historic growth rate of the county; and WHEREAS, it is beneficial for Chesterfield County to acknowledge these land use areas as meeting the intent of Section 15.2-2223.1 in order to pursue funding from the Commonwealth of Virginia for transportation needs. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors identifies the following land use areas as meeting the intent of Section 15.2-2223.1 of the Code of Virginia as shown on the map titled "Map of Proposed UDAs", dated June 2015, prepared by Chesterfield County Planning Department. Attachment A 2 of 2 15.2-2223.1. Comprehensive plan to include urban development areas. A. For purposes of this section: "Commercial" means property devoted to usual and customary business purposes for the sale of goods and services and includes, but is not limited to, retail operations, hotels, motels and offices. "Commercial" does not include residential dwelling units, including apartments and condominiums, or agricultural or forestal production, or manufacturing, processing, assembling, storing, warehousing, or distributing. "Commission" means the Commission on Local Government. "Developable acreage," solely for the purposes of calculating density within the urban development area, means land that is not included in (i) existing parks, rights-of-way of arterial and collector streets, railways, and public utilities and (ii) other existing public lands and facilities. "Population growth" means the difference in population from the next -to -latest to the latest decennial census year, based on population reported by the United States Bureau of the Census. In computing its population growth, a locality may exclude the inmate population of any new or expanded correctional facility that opened within the time period between the two censuses. "Urban development area" means an area designated by a locality that is (i) appropriate for higher density development due to its proximity to transportation facilities, the availability of a public or community water and sewer system, or a developed area and (ii) to the extent feasible, to be used for redevelopment or infill development. B. Any locality may amend its comprehensive plan to incorporate one or more urban development areas. 1. Urban development areas are areas that may be appropriate for development at a density on the developable acreage of at least four single-family residences, six townhouses, or 12 apartments, condominium units, or cooperative units per acre, and an authorized floor area ratio of at least 0.4 per acre for commercial development, any proportional combination thereof, or any other combination or arrangement that is adopted by a locality in meeting the intent of this section. 2. The urban development areas designated by a locality may be sufficient to meet projected residential and commercial growth in the locality for an ensuing period of at least 10 but not more than 20 years, which may include phasing of development within the urban development areas. Where an urban development area in a county with the urban county executive form of government includes planned or existing rail transit, the planning horizon may be for an ensuing period of at least 10 but not more than 40 years. Future residential and commercial growth shall be based on official estimates of either the Weldon Cooper Center for Public Service of the University of Virginia, the Virginia Employment Commission, the United States Bureau of the Census, or other official government projections required for federal transportation planning purposes. Attachment C 1 of 2 3. The boundaries and size of each urban development area shall be reexamined and, if necessary, revised every five years in conjunction with the review of the comprehensive plan and in accordance with the most recent available population growth estimates and projections. 4. The boundaries of each urban development area shall be identified in the locality's comprehensive plan and shall be shown on future land use maps contained in such comprehensive plan. 5. Urban development areas, if designated, shall incorporate principles of traditional neighborhood design, which may include but need not be limited to (i) pedestrian -friendly road design, (ii) interconnection of new local streets with existing local streets and roads, (iii) connectivity of road and pedestrian networks, (iv) preservation of natural areas, (v) mixed-use neighborhoods, including mixed housing types, with affordable housing to meet the projected family income distributions of future residential growth, (vi) reduction of front and side yard building setbacks, and (vii) reduction of subdivision street widths and turning radii at subdivision street intersections. 6. The comprehensive plan shall describe any financial and other incentives for development in the urban development areas. 7. A portion of one or more urban development areas may be designated as a receiving area for any transfer of development rights program established by the locality. C. No locality that has amended its comprehensive plan in accordance with this section shall limit or prohibit development pursuant to existing zoning or shall refuse to consider any application for rezoning based solely on the fact that the property is located outside the urban development area. D. Localities shall consult with adjacent localities, as well as the relevant planning district commission and metropolitan planning organization, in establishing the appropriate size and location of urban development areas to promote orderly and efficient development of their region. E. Any county that amends its comprehensive plan pursuant to subsection B may designate one or more urban development areas in any incorporated town within such county, if the council of the town has also amended its comprehensive plan to designate the same areas as urban development areas with at least the same density designated by the county. However, if a town has established an urban development area within its corporate boundaries, the county within which the town is located shall not include the town's projected population and commercial growth when initially determining or reexamining the size and boundary of any other urban development area within the county. F. To the extent possible, federal, state and local transportation, housing, water and sewer facility, economic development, and other public infrastructure funding for new and expanded facilities shall be directed to designated urban development areas or to such similar areas that accommodate growth in a manner consistent with this section. (2007, c. 896; 2009, c. 327; 2010, cc. 465, 528; 2011, c. 561; 2012, cc. 192, 51.8, 805, 836.) Attachment C CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 RiGIN AGENDA Meeting Date: August 26, 2015 Item Number: 83.2.a.1. Subject: Request for Permit for George Hoover to Stage a Fireworks Bellona Arsenal, Midlothian, Virginia on Saturday, October 3, Rain Date of October 4, 2015, for a Birthday Celebration County Administrator's Comments: County Administrator: Board Action Requested: Display at 70 2015, with a The Board of Supervisors is requested to approve a permit for George Hoover to stage a fireworks display at 70 Bellona Arsenal, Midlothian, Virginia on Saturday, October 3, 2015, with a rain date of October 4, 2015. Summary of Information: George Hoover has requested permission from the Board of Supervisors to stage a fireworks display as part of a birthday celebration at 70 Bellona Arsenal, Midlothian, Virginia 23113, on October 3, 2015, with a rain date of October 4, 2015. Mr. Hoover has significant pyrotechnical experience and will personally discharge the fireworks display. Mr. Hoover has assisted in the staging of similar displays on the same property for more than 20 years without incident. Mr. Hoover has obtained a liability insurance policy naming the County of Chesterfield as a co-insured party in the amount of $1,000,000. The Fire Marshal's Office has reviewed this fireworks request and indicated that the proposed display meets all applicable criteria under the Fire Prevention Code. Preparer: Jeffrey L. Mincks Title: County Attorney 0505:94860.1 Attachments: C:1 Yes 0 No E°oCHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 yK AGENDA Meeting Date: August 26, 2015 Item Number: 8.113.2.a.2. Subject: Request for Permit for George Hoover to Stage a Fireworks Display at 70 Bellona Arsenal, Midlothian, Virginia on Friday, September 5, 2015, with Rain Dates of Saturday, September 6 or Sunday September 7, 2015, for a Labor Day Celebration County Administrator's Comments: County Administrator: Board Action Regueste . The Board of Supervisors is requested to approve a permit for George Hoover to stage a fireworks display at 70 Bellona Arsenal, Midlothian, Virginia on Friday, September 5, 2015, with rain dates of Saturday, September 6 or Sunday, September 7, 2016. Summary of Information: George Hoover has requested permission from the Board of Supervisors to stage a fireworks display at 70 Bellona Arsenal, Midlothian, Virginia 23113, on Friday, September 5, 2015, with rain dates of Saturday, September 6 or Sunday, September 7, 2016. George Hoover has significant pyrotechnical experience and will personally discharge the fireworks display. Mr. Hoover has assisted in the staging of similar displays on the same property for more than 20 years without incident. Mr. Hoover has obtained a liability insurance policy naming the County of Chesterfield as a co-insured party in the amount of $1,000,000. The Fire Marshal's Office has reviewed this fireworks request and indicated that the proposed display meets all applicable criteria under the Fire Prevention Code. Preparer: Jeffrey L. Mincks Title: County Attorney 0505:94859.1 Attachments: FlYes 0 No # , CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 2 AGENDA Meeting Date: August 26, 2015 Item Number: 8.B.2.b. Subject: Request for a Permit to Stage a Fireworks Display Luau on Sunday, August 30, 2015, with a Rain Date County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested fireworks display for the Chesdin Landing with a rain date of September 5, 2015. Summary of Information: for the Chesdin Landing of September 5, 2015 to approve a permit to stage a Luau on Sunday, August 30, 2015, The Community of Chesdin Landing has requested permission from the Board to stage a fireworks display at the driving range at Lake Chesdin Golf Club on Sunday, August 30, 2015, at 8:30 p.m., with a rain date of September 5, 2015. The Community of Chesdin Landing has retained Jake Walther of Southern Exposure Pyrotechnics, LLC to discharge the fireworks. Mr. Walther is an experienced, capable fireworks discharger and has conducted fireworks displays at Chesdin Landing since 2011 without incident. The Community of Chesdin Landing has submitted evidence of a $2,000,000 fireworks liability insurance policy. The Fire Marshal's Office has reviewed the request and has indicated that the proposed display meets all applicable criteria under the Fire Prevention Code. Preparer: Jeffrey L. Mincks Attachments: F]Yes Ell Title: County Attorney 0505:94845.1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA The Fire Marshal and the Director of Utilities have also determined that fireworks displays such as the one proposed by The Community of Chesdin Landing will not have an adverse environmental effect on Lake Chesdin. 0505:94845.1 a 43,Is CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: August 26, 2015 Item Number: 8.B.3.a. Subiect: Memorandum of Understanding Between Chesterfield County Fire and Emergency Medical Services and the Virginia State Police Delineating Responsibilities Associated with the Med-Flight Air Medical Transport Program County Administrator's Comments: County Administrator: 2 Board Action Requested: Approval of the attached Memorandum of Understanding and authorize the County Administrator to execute the document. Summary of Information: This item requests the approval of a Memorandum of Understanding between Chesterfield County Fire and EMS and the Virginia State Police to formalize and codify each organization's responsibilities to, and participation in, the delivery of the regional Med-Flight Program. Chesterfield Fire and EMS has worked to broaden the regional Med-Flight coalition, and a partnership between the Virginia State Police, VCU Health System, and Chesterfield County Fire and EMS provides for the addition of Virginia Commonwealth University nursing staff to the Med-Flight program in an effort to reduce the Chesterfield Fire and EMS staffing commitment. Under the terms of the agreement, VCU provides a flight nurse and a backup flight paramedic 24 hours per day, 7 days per week. Chesterfield Fire and EMS will provide the balance of staffing needed to continue full operation of the Med-Flight Program. The FY2016 budget was developed in anticipation of such a partnership, and, therefore, the recently adopted budget allows for the reallocation of Chesterfield Fire and EMS staff, formerly assigned to Med-Flight, to expand Preparer: Edward L. Senter Jr. Title: Fire Chief Preparer: Allan M. Carmody Title: Director, Budget & Management Attachments: 0 Yes F-1No # CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA the service hours of Medic 2, thereby relieving demand on the heavily utilized adjacent medic units and improving service delivery in the northeastern area of the County. Furthermore, in FY2017, the five-year plan calls for three additional staff that will be paired with the reallocated Med-Flight resources to further expand Medic 2 service hours to 24 hours per day. Staff recommends approval of the Memorandum of Understanding. The addition of VCU staff to the Med-Flight program and, consequently, the reallocation of Chesterfield County Fire and EMS staff will enhance service for Chesterfield County residents through the expansion of Medic 2 while maintaining the Med- Flight program at its current level. AIR MEDICAL TRANSPORT AGREEMENT CHESTERFIELD COUNTY FIRE & EMS AND THE STATE POLICE OF THE COMMONWEALTH OF VIRGINIA This Air Medical Transport and Staffing Agreement ("Agreement") is made 2015, by and between Chesterfield County Fire & EMS (-CFEMS-), a political subdivision of the Commonwealth of Virginia, and the State Police of the Commonwealth of Virginia ('*VSP*) (hereinafter referred to individually as a "Party" and collectively as the "Parties"). RECITALS WHEREAS, Chesterfield County Fire & EMS is a public instrumentality, exercising essential governmental functions with the power and purpose to provide for the health and welfare of the residents of Chesterfield County and through regional cooperation to the residents of the Commonwealth of Virginia and such other persons who might be served by it; and WHEREAS, the VSP has developed an aviation unit to oversee operations of its aviation resources for its Med-Flight Program ("Program"), which include resources located in Chesterfield County, Virginia; and WHEREAS, the Program provides for the evacuation of trauma and medical emergency victims and the transfer of patients needing emergent intervention for the provision of medical care, servicing a sixty -mile radius around Richmond, Virginia with the Med-Flight I Aircraft; and WHEREAS, both Parties desire to enter into this Agreement establishing a partnership which benefits from the air medical transport experience and expertise of each Party in order to enhance the Program. NOW, THEREFORE, in consideration of the covenants set forth herein, the Parties agree as follows: The foregoing Recitals are a substantive part of this Agreement and are incorporated by reference as if set forth fully herein. ARTICLE 11 SCOPE OF VSP DUTIES A. Program Duties, VSP will (1) provide a medical transport aircraft (the "Med-Flight Helicopter") in response to (a) on scene transport requests initiated by emergency service providers. and (b) requests for patient transfers from secondary level medical facilities to regional trauma centers and tertiary care centers when higher• level care is emergently required; (2) oversee aviation and transport authority activities; and (3) collaborate with Chesterfield Fire & EMS to integrate the Parties' respective experience and expertise in air medical transport set -vices in order to enhance operations of the Program. B. Helicopter Readiness and Maintenance. VSP shall keep a Med-Flight Helicopter in a state of mission readiness, available subject to U.S. Federal Aviation Administration ("FAA") guidelines. VSP shall maintain the Med-Flight Helicopter in accordance with requirements of the FAA, the Commonwealth of Virginia, and the VSPA's FAA -approved inspection program. C. Flight Safety. Recognizing the role of the Med-Flight Helicopter pilot as the "pilot in command," VSP acknowledges and agrees that the flight crew, to include the pilot and the medical crew, will follow industry safety practices of the Air Medical Resource Management ("AMRM­) to determine whether or not to accept or continue a flight. D. Instruction, Protocols. When requested, VSP will provide instruction without cost to Chesterfield Fire & EMS in curricula agreed to by the Parties. VSP will assist in developing necessary operational protocols to govern the Program. E. Dispatch. VSP shall provide dispatch services through its designated dispatch centers and the Virginia Emergency Operations Center. F. Costs. No compensation shall be exchanged between the Parties, and each Party is responsible for its own Program -associated costs and fees with the exception of any funds provided by the General Assembly and approved by the Governor for the expressed purpose of reimbursing CFEMS for clinical staffing costs. These funds will be transferred from VSP to CFEMS. ARTICLE III SCOPE OF CHESTERFIELD FIRE & EMS DUTIES A. Clinical Services. Chesterfield Fire & EMS will provide clinical staffing services for the Med-Flight Helicopter, as follows: (1) One Primary Flight Paramedic available on a "24171365" basis, and (2) a backup Flight Paramedic when needed. The Flight Pararnedic(s) shall have qualifications and training that meet guidelines set forth by the Commonwealth of Virginia for the provision of clinical services associated with air transport and shall clinically operate at all times under the Program's Operational Medical Director. Chesterfield Fire & EMS shall be responsible for all costs associated with providing the Primary Flight Paramedic and. when needed, a backup Flight Paramedic(s). The Parties acknowledge that Chesterfield Fire & EMS will annually solicit the localities and hospitals most served by the Program for voluntary donations to remunerate salary cost of the flight paramedics. B. Safetv. Chesterfield Fire & EMS will assist and support VSP to ensure the safety of all personnel associated with the Program. The Parties will meet at mutually agreeable times C� I to discuss the safety and efficiency of the Program. C. Uniforms and Personal Protective Equipment. It shall be the responsibility of Chesterfield Fire & EMS to provide to its assigned Flight Paramedics with the appropriate duty uniforms and personal protective gear to meet the mission activities of the Program. This equipment includes, but is not limited to flight suits, flight gloves, and crash rated helicopter flight helmets. ARTICLE IV VSP PERSONNEL A. Flight Staff, VSP shall provide a sufficient number of qualified and trained aviation and maintenance personnel ('*VSP Personnel") to staff and maintain the Med-Flight Helicopter, with the goal of responding promptly and safely to flight requests of law enforcement, local EMS agencies, and medical facilities. B. Staff Requirements. For purposes of safety, efficiency, and legal compliance, VSP shall ensure that all VSP Personnel comply with all requirements applicable to their respective duties and responsibilities C. Certifications. All necessary testing or certification of VSP Personnel, including drug screening, shall be performed in accordance with FAA regulations and other applicable laws, regulations and rules. ARTICLE V MEDICAL DIRECTION A. The VSP shall designate a physician to serve as medical director of the Program ("Medical Director"). B. The Medical Director shall meet all applicable licensure and certification requirements set forth by any state or federal oversight body and by The Joint Commission and shall be an emergency physician in good standing as a member of the Medical Staff of the VCU Health System. C. CFEMS will designate a physician to serve as the Assistant Operational Medical Director (-Assistant Medical Director") for the Program. The Assistant Medical Director shall meet the same qualifications as stated in Article V, Sections A & B. ARTICLE VI M, A. Intent. The Parties agree that they are acting as independent contractors in connection with their respective duties and obligations under this Agreement. Nothing in this Agreement is intended to create an employer/employee relationship, joint venture, or other similar relationship between the Parties. B. Withholdings. Neither Party shall withhold or pay income tax, unemployment insurance, social security or other withholding or benefit for any employee of the other. Each Party is responsible for employment, unemployment, federal, state and local taxes and contributions to be paid with respect to persons employed by that Party. C. IRS. If the Internal Revenue Service ("IRS") or other government agency shall question the independent contractor status of either Party or its employees, that Party shall promptly notify the other and afford the opportunity, if allowed, to participate in discussions. ARTICLE V11 COMPENSATION A. No Payment. Neither Party shall pay to the other compensation or remuneration of any kind for services, supplies, or equipment provided to the Program. The Parties specifically acknowledge and agree that the VSP shall be responsible for the costs of providing VSP Personnel and that Chesterfield Fire & EMS shall be responsible for the costs of providing the Flight Paramedic(s). B. Patient Billing. Chesterfield Fire & EMS will donate its services and equipment to the public benefit and the Parties acknowledge that the VSP cannot charge for VSP-provided services, either directly or through a third party, pursuant to U.S. Federal Aviation Administration CFR, Part 91. ARTICLE V111 LICENSES, CERTIFICATES, PERMITS AND REGISTRATIONS A. VSP shall maintain all licenses, certificates, pennits, registrations and other authority required by federal, state and local agencies, as necessary to perform its obligations under this Agreement. B. Chesterfield Fire & EMS shall maintain all licenses, certificates, permits, registration and other authority required by federal, state and local agencies, as necessary to perform its obligations under this Agreement. C. The Parties will cooperate with each other in obtaining and maintaining licenses., Ulm certificates, permits, registrations and/or other similar authorities required for the Program. ARTICLE IX NO RESTRICTIONS Nothing herein shall place any requirement or restriction on the locations or facilities to which VSP or the Program may transport patients for medical services. Patients will be transported to the closest appropriate facility as delineated by the Virginia Office of EMS Trauma Destination Guidelines. ARTICLE X NONDISCRIMINATION The Parties agree to provide air medical transport services without regard to ability to pay and without regard to race, color, national origin, citizenship, sex, age, sexual orientation, disability, religion or other protected status. The Parties -,hall not refuse to transport patients with communicable diseases unless, in the reasonable discretion of VSP and the medical crew based upon generally recognized medical practices and principles, a threat to flight safety is deemed to exist. ARTICLE X1 TERM AND TERMINATION A. Tenn. The initial teen of this Agreement shall be one (1) year commencing on July 1. 2015, and ending on June 30, 2016 (the "Initial Tenn"), unless sooner ten-ninated. The Agreement shall automatically renew for successive one (1) year terms (each a "Renewal Tenn", the Renewal Tenn together with the Initial Tenn referred to as the "Tenn") unless written notice of non -renewal is sent by a Party to the other Party at least sixty (60) days prior to the expiration of the Tenn. B. Termination. This Agreement may be ten-ninated by either Party without cause by providing one hundred eighty (180) days written notice to the other; (ii) by Chesterfield Fire & EMS in the event of a material breach of this Agreement by VSP and by VSP in the event of a material breach of this Agrecinent by the Chesterfield Fire & EMS, in each case if the breach has continued without cure for a period of thirty (30) days after written notice of such breach by the other Party; (Ili) by a mutual written agreement signed by the duly authorized representatives of the Parties. Gozo,qs ARTICLE X11 GENERAL PROVISIONS A. Confidentiality, To the extent allowed by law, the Parties agree to maintain and keep confidential any and all business and proprietary information, including but not limited to, data, trade secrets and techniques derived from the relationship with one another under this Agreement (collectively, "Confidential Information"). Each Party agrees to: (1) maintain the Confidential Infon-nation in trust and confidence, (2) use at least the same degree of care in maintaining the secrecy of the Confidential Information as that Party uses in maintaining its own confidential information; and (3) use Confidential Inforination only to complete its obligations under this Agreement. The Parties further agree to comply with all applicable current and future statutes and regulations of the Health Information Portability and Accountability Act of 1996 as codified at 42 USC § 1320(d) ("HIPAA"). The Parties shall make their internal practices, books and records relating to the use and disclosure of Protected Health Information (PHI) available to the Secretary of Health and Human Services to the extent required for determining compliance with HIPAA. The obligations under this Section XII (A) shall survive expiration or termination of this Agreement. B. Access to Books and Records. Until the expiration of four years after the furnishing of services pursuant to this Agreement, VSP shall make available upon written request of the Secretary of Health and Human Services or the United States Comptroller General or any duly authorized representatives, this Agreement, and any records of VSP that are necessary to certify the nature and extent of costs incurred by Chesterfield Fire & EMS under this Agreement. This Section XII(B) is included herein because of the possible application of Section 1861(v)(1)(1) of the Social Security Act to this Agreement. If the foregoing provision of the Social Security Act is found not to be applicable to this Agreement., this Section XII (B) shall be deemed null and void. C. Assi�m_Hent. Neither Party may assign this Agreement or transfer any of its obligations hereunder to a third party without the other Party's prior written consent, which consent shall not be unreasonably withheld. D. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to conflicts of law principles. E. Entire Agreement. This Agreement represents the complete and exclusive statement of the agreement between the Parties with respect to the subject matter hereof and supersedes all other agreements, oral or written, between the Parties relating to the subject matter of this Agreement. F. Amendment. This Agreement may be amended only in a writing signed by the duly authorized representatives of the Pat -ties. 6 G. Waiver. No waiver of any term or condition of this Agreement shall be deemed to be a continuing waiver. H. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall to any extent be deemed invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby, and each remaining term and provision of the Agreement shall be valid and enforceable to the fullest extent permitted by law. I. Notice. Every notice, demand, request, consent, approval or other communication which the Parties hereto are required or desire to give shall be in writing and shall be given by personally delivering the salve or by mailing the same, registered or certified mail, first class postage and fees prepaid, return receipt requested or by overnight delivery service as follows: If to Chesterfield County Fire & EMS: Chesterfield Fire & EMS Attn: Fire Chief Edward L. Senter Jr. 6731 Mimms Loop Chesterfield, Virginia 23832 If to VA: Virginia State Police, Aviation Unit Attn: Aviation Commander, Lt. H. Jay Cullen 7411 Airfield Drive Richmond, Virginia 23237-2250 With a Copy to: Virginia State Police 7700 Midlothian Turnpike North Chesterfield, Virginia 23235 Either Party may change the address to which such notices shall be directed by providing the other Party with a written notification change of address. Notice shall be given upon receipt. J. Public Safety Responsibilitx. This Program will focus on safety and service delivery to the citizens of the Commonwealth as part of a tiered level of emergency response. Both VSP and Chesterfield Fire & EMS are govermnental agencies subject to the laws of the Commonwealth and have in place inspection and compliance protocols to ensure compliance with all regulatory and statutory requirements. K. No Referral Contingency. The Parties agree that the benefits provided to each hereunder do not require, are not payment for, and are in no way contingent upon the admission, referral, or any other arrangement for the provision of any item or service offered in any facility, controlled, managed, or operated by any Party. The Parties expressly acknowledge and agree that it has been, and continues to be, their intent to comply fully with all federal, state, and local laws, rules, and regulations. It is not the purpose, nor a requirement, of this Agreement to offer or receive any remuneration or benefit or to solicit, require, induce, or encourage the referral of any patient, the payment for which may be made in whole or in part by Medicare or Medicaid. No benefit made or received under this Agreement is in return for the referral of patients or in return for the purchasing, leasing, ordering, or arranging for or recommending the purchasing, leasing, or ordering of any goods, service, item, or product. L. No Third Party Beneficiaries. This Agreement is intended solely for the benefit of the parties hereto and not for the benefit of any other person or entity. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective duly authorized representatives. [Signature page follows] VIRGINIA STATE POLICE, A DEPARTMENT OF THE COMMONWEALTH OF VIRGINIA By. 2 Name: W. Steven Flaherty Title: Superintendent Date:— 7 A f / CHESTERFIELD FIRE & EMS, A DEPARTMENT OF CHESTERFIELD COUNTY GOVERNMENT Name: Title: Date: x130 1099 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: August 26, 2015 Item Number: 8.113.3.1b. Subiect: Memorandum of Understanding with the Commonwealth of Virginia, Department of Emergency Management for the Central Virginia All Hazards Incident Management Team County Administrator's Comments: County Administrator: Q� Board Action Requested. Authorize the Fire Chief of Chesterfield Fire and Emergency Medical Services to sign and execute a Memorandum of Understanding document with the Commonwealth of Virginia, Department of Emergency Management for the Central Virginia All Hazards Incident Management Team. Summary of Information: The Memorandum of Understanding (MOU) outlines responsibilities of the Commonwealth of Virginia and the County of Chesterfield, when the Central Virginia All Hazards Incident Management Team is requested to provide an Incident Management Team to provide assistance to areas impacted by events in the Commonwealth of Virginia or to fulfill a request for assistance under the Emergency Assistance Compact (EMAC). The MOU will also allow participating localities to recoup costs when possible through the Central Virginia All Hazards Incident Management Team. Preparer: Edward L. Senter Jr. Title: Fire Chief Attachments: Yes No #1' 0-1111- COMMONWEALTH OF VIRGINIA VIRGINIA DEPARTMENT OF EMERGENCY MANAGEMENT AND THE COUNTY OF CHESTERFIELD, ON BEHALF OF THE CENTRAL VIRGINIA ALL HAZARDS INCIDENT MANAGEMENT TEAM MEMORANDUM OF UNDERSTANDING THIS AGREEMENT is made by and between the Commonwealth of Virginia, Department of Emergency Management (VDEM) and the County of Chesterfield, a political subdivision within the Commonwealth of Virginia. WHERE AS, There exists within the Commonwealth of Virginia the potential for serious accidents, as well as man-made and natural disasters; and WHERE AS, The public health, safety and welfare may be threatened as a result of these incidents; and WHERE AS, The VDEM is authorized by Va. Code Ann. § 44-146.18 to enter into agreements, necessary or incidental to performance of any of its duties, with political subdivisions; and WHERE AS, The County of Chesterfield is the host jurisdiction of the Central Virginia All Hazards Incident Management Team; and WHERE AS, The County of Chesterfield and VDEM desire to enhance the Commonwealth's Emergency Management capabilities to protect the environment and the health, safety, and welfare of the citizens of the Commonwealth from the dangers and potential dangers of accidents and incidents during natural and man-made emergencies by entering into this Agreement for the County of Chesterfield to provide an Incident Management Team (IMT) to areas impacted by events in the Commonwealth of Virginia or to fulfill a request for assistance under the Emergency Management Assistance Compact (EMAC), Va. Code Ann. § 44-146.28:1. NOW, THEREFORE, in consideration of the foregoing, the parties hereby agree as follows: I. DEFINITIONS A. Advance Assessment Team: One to four team members to assist in an incident complexity analysis for the affected jurisdiction in order to determine resource needs and IMT deployment strategy. B. Short Team: Eight to twelve team members to fill command and general staff positions or specific sections/units for the IMT as requested. C. Full Team: Twenty to thirty team members to fully staff (as appropriate) the IMT. G`�G' 0 10, 01 II. PROCEDURE FOR THE REQUEST/PROVISION OF AID A. RESPONSIBILITIES OF VDEM When the resources of an impacted jurisdiction are overwhelmed and the jurisdiction requests assistance through VDEM, VDEM shall notify the County of Chesterfield of such in order to request that the Central Virginia All Hazards Incident Management Team render assistance. Such request may be made by orally communicating a request for assistance to an official or officials empowered to render assistance under this Agreement. (See Attachment B to this Agreement.) To the extent known at the time, requests shall specify: i. The nature of the emergency and its location, ii. The capability that is needed by the requesting jurisdiction, iii. The size and amount of resources needed, iv. The type of resources needed, V. The address and location of where the resource should report, vi. The name of the official to whom the assisting personnel shall report, and tactical radio channels in use at the incident. B. RESPONSIBILITIES OF THE HOST JURISDICTION i. The County of Chesterfield agrees to deploy the appropriate team in a modular and scalable manner as requested by VDEM within two hours of VDEM's notification. ii. If the Central Virginia All Hazards Incident Management Team is unable to deploy, the Central Virginia All Hazards Incident Management Team Leader shall notify VDEM immediately so another IMT can be tasked. In the event of an EMAC request, the Team Leader will respond within a time frame determined by VDEM based on the EMAC request. iii. The Central Virginia All Hazards Incident Management Team shall maintain a list of resources available for deployment. (See Attachment A to this Agreement.) Attachment A shall be updated and recertified by the Chief of Chesterfield Fire and EMS or his designee any time a resource is added or removed but at the very least it shall be recertified annually. iv. The County of Chesterfield shall designate an official or officials empowered to commit the IMT to render assistance under this Agreement. Officials authorized to request and render mutual aid assistance hereunder are designated in Attachment B of this Agreement. Attachment B shall be updated and recertified any time an authorized official is added or removed but at the very least it shall be recertified by the Chief of Chesterfield Fire and EMS or his designee annually. v. The County of Chesterfield agrees: 1. To provide for the ability for the deployment team to be completely self- sustaining for the first 48 hours. 2. To follow and support statewide policies, procedures, and operational protocols. 3. To standardize capabilities of all statewide IMTs by coordinating with Team Leaders throughout the Commonwealth. III. REIMBURSEMENT 2 G0i02 A. RESPONSIBILITIES OF VDEM i. When the IMT is requested by VDEM for an event within the Commonwealth, VDEM will reimburse the cost of all eligible expenses incurred during deployment hours 25 — 72. Reimbursement shall be made within sixty (60) days following the receipt of an itemized statement of costs from County of Chesterfield. If the IMT deploys at the request of any entity other than VDEM, VDEM will not be responsible for any costs incurred as a result of that deployment. 1. Stafford Act, 42 U.S.C.A. § 5121 et seq., declarations may make the first 24 hour costs also reimbursable. ii. All funds reimbursed to or passed through the County of Chesterfield from VDEM pursuant to this Memorandum of Understanding shall be used only to provide for IMT response expenses and shall not be used to supplant or replace funds for any other program or activity. iii. VDEM agrees to pay the insured jurisdiction actual costs of damage, up to $1,000.00, for each vehicle damaged as a result of a VDEM authorized response. This is the maximum VDEM will pay for any one vehicle, regardless of the amount of damage. If a third party is involved in the accident and the third party may be at fault, the cost of repair or replacement will be submitted in accordance with Section III.A.i, however collection will be attempted by the insured jurisdiction from the third party before VDEM will reimburse for the damage as set forth above. B. RESPONSIBILITIES OF THE HOST JURISDICTION i. The County of Chesterfield agrees to maintain and provide financial records to VDEM for equipment costs/maintenance relative to the incident, as requested. ii. The County of Chesterfield shall provide to VDEM within ten (10) business days (excluding weekends and holidays) after demobilization of the IMT an itemized written statement of expenses incurred during deployment hours 25 — 72 including but not limited to the following: 1. Salaries, wages, fringe benefit costs for response personnel, travel costs, and other expenses (in accordance with state guidelines). 2. Costs of repair and replacement of equipment, as well as the cost of supplies consumed and sei vices utilized during the response. IV. LIABILITIES A. VDEM agrees that the Central Virginia All Hazards Incident Management Team is an authorized agent of VDEM when its personnel are responding to a VDEM activated request. B. Pursuant to § 44-146.23 of the Code of Virginia, when the Central Virginia All Hazards Incident Management Team is an authorized agent of VDEM and acting within the scope of such authorization, the Team and its members enjoy limited protection from liability to the same extent as a State employee when deployed by VDEM under the circumstances of this Agreement. Virginia Code Ann. § 44-146.23 does not preclude liability for civil damages as a result of gross negligence, recklessness or willful misconduct. 'Y C. In accordance with Va. Code Ann. § 65.2-101, any member of the IMT who responds to an incident upon request of VDEM, shall be deemed an employee of VDEM for the purposes of the Virginia Workers' Compensation Act. V. RIGHT TO REFUSE RESPONSE REQUEST The County of Chesterfield reserves the right to refuse to respond to a VDEM request for the IMT if its resources are already committed to other activities, emergencies, or other impending weather or disaster related events. This Agreement may be terminated by either party upon 60 days written notice thereof to the other party. VII. ENTIRE AGREEMENT A. This Agreement, including all Attachments, may be modified from time to time by written agreement of the parties hereto and which Attachments are hereby incorporated by reference as a part of this Agreement, represents the entire and integrated Agreement between the parties and supersedes any and all prior negotiations, representations, or agreements, either oral or written. This Agreement may be amended only by written instrument signed by all authorized representatives of all parties of said Agreement. B. This Agreement shall not preempt any existing mutual aid agreements (written or verbal) now in effect by the County of Chesterfield. C. This Agreement is not legally enforceable by any third party, does not create enforceable rights in any third party, nor shall any third party be considered a third party beneficiary of this Agreement. As such it does not imply or assume any waiver of sovereign immunity by the Commonwealth of Virginia or the County of Chesterfield. VIII. DURATION OF MEMORANDUM OF UNDERSTANDING A. This MOU is effective upon the signature the State Coordinator of VDEM or his designee, and will expire December 31, 2020. GOO -1 04 4 IN WITNESS THEREOF, the parties have caused this Agreement to be executed by the following duly authorized persons: County of Chesterfield by: Signature: Title: Date: Virginia Department of Emergency Management by: Signature: Title: State Coordinator Date: 5 oft()S ATTACHMENT A Resources Maintained by the Central Virginia All Hazards Incident Management Team I hereby certify that the above resource list is a complete and accurate record of the resources maintained by the Central Virginia All Hazards Incident Management Team. Authorizing Signature: (Name / Title and Date) ATTACHMENT B Officials Authorized to Request IMT Assistance for the County of Chesterfield and to render IMT Assistance on behalf of the Central Virginia All Hazards Incident Management Team and the County of Chesterfield Below are those persons designated as "officials" authorized to request and to render IMT assistance to participating jurisdictions: All "officials" will determine resource availability prior to authorizing the rendering of assistance by communication with agencies. Add Your Listings by Name and Position in order of Succession here I hereby certify that the above individuals are authorized to request and to render IMT assistance on behalf of the Central Virginia All Hazards Incident Management Team and the County of Chesterfield. Authorizing Signature: (Name / Title and Date) C-14 07 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: August 26, 2015 Item Number: 8.113.4.a. Subiect: Set a Public Hearing to Consider Amending § 2-72 of the County Code Relating to Background Investigations of Applicants for Employment with the County Fire and Emergency Medical Services Department County Administrator's Comments: County Administrator: Set public hearing for September 16, 2015, to consider amending § 2-72 of the County Code relating to background investigations of applicants for employment with county fire and emergency medical services department. Summary of Information: Section 32.1-111.5 of the Virginia Code sets forth the procedures for obtaining a criminal background check of an individual seeking to become a volunteer with or employee of an emergency medical services agency. The General Assembly amended this section of the Virginia Code, effective July 1, 2015, to allow local governments to forward fingerprints and personal descriptive information directly to the Central Criminal Records Exchange (CCRE) instead of first forwarding fingerprints and accompanying information to the Commissioner of Health, through the Office of Emergency Medical Services, who then forwards the information to the CCRE. The attached amendment to the County Code will eliminate this unnecessary step and will expedite the process. Preparer: Edward L. "Loy" Senter, Jr. Title: Fire Chief Attachments: ® Yes F-1No # 1��01A CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA In order to be able to utilize the new process permitted by Virginia Code § 32.1-111.5, a locality must adopt an ordinance setting forth the process, consistent with Virginia Code § 32.1-111.5(F), for the submission and review of background checks on each person that applies to be a volunteer with, or employee of, an EMS agency. The attached ordinance reflects the amendments to County Code § 2-72 that are required to comply with the new procedure made available under Virginia Code § 32.1-111.5(F). Staff recommends adoption of the proposed amendments and therefore requests that the Board set a public hearing on this matter. ''0109 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 2-27 RELATING TO BACKGROUND INVESTIGATIONS OF APPLICANTS FOR EMPLOYMENT WITH COUNTY FIRE AND EMERGENCY MEDICAL SERVICES (EMS) DEPARTMENT BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 2-27 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 2-72. - Background investigations of applicants for employment with county fire and emergency medical services (EMS) department. (a) Career firefighters and all volunteer members, including junior volunteers under the age of 18. (a) 1. If tThe chief of police or his designee of the fire dep ,4Ynen4 requests, the ehie f 0� shall conduct a bac gr -e ,n field ;r.,esti atie,, gra criminal history records check on each firefighter applicant for employment with the county fire and EMS department. The chief of police or his designee shall also conduct a criminal history records check on each volunteer firefighter, emergency medical technician and rescue squad member seeking membership with the county fire and EMS department. Reeords of arrests and dispesitions while an appliea-PA was ajuvenile shall -be tr-a-nsmit4ed only when atAher-ized by appropriate eouA ofder-, state statt4e or- federal 2. The applicant for emplovment or volunteer membership, prior to emblovment or membership, shall submit to fingerprinting, provide the police department with personal descriptive information and execute a completed Release of Information form to be forwarded through the Central Criminal Records Exchange to the Federal Bureau of Investigations for the purpose of obtaining national criminal history record information regardingsuch uch applicant. Records of arrests and dispositions while an applicant was a iuvenile shall be transmitted onlv when authorized by abbronriate court order, state statute or federal regulation (b) 3. The chief of police or his designee shall prepare a factual summary of each background investigation and criminal records check performed and submit such summary to the fire chief or his designee. 4. In addition, at the request of the fire chief, a background field investigation shall be completed for each applicant for employment or volunteer membership. Civilian employees. 3025:94878.1 x'00110 1. The human resource management department (HRM) shall conduct a background check on each applicant offered employment with the fire and EMS department. 2. As a condition of employment, the applicant shall submit to fingerprinting and execute a completed Release of Information form to be forwarded through the Central Criminal Records Exchange to the Federal Bureau of Investigations for the purpose of obtaining national criminal history record information regarding such applicant. 3. HRM will notify the fire chief or his designee of the results of the background check. (Code 1978, § 16-2) 3025:94878.1 �G CHESTERFIELD COUNTY BOARD OF SUPERVISORS 11 AGENDA Page 1 of 2 Meeting Date: August 26, 2015 Item Number: 8.B.4.b. Subject: Set a Public Hearing to Consider Approving the Transfer of Property at 19801 Woodpecker Road to Chesterfield Alternatives, Inc. for the Build -A -House Program County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to set a public hearing for September 16, 2015, to consider approving the transfer of property at 19801 Woodpecker Road to Chesterfield Alternatives, Inc. for the Build -A -House program. Summary of Information: The Build -A -House program is a cooperative endeavor through which students at the Chesterfield Technical Center construct homes on vacant county -owned land and Chesterfield Alternatives, Inc. ("CAI") funds the construction expenses. The homes are ultimately used as group homes to serve consumers of the Chesterfield Community Service Board ("CSB"). The Build -A -House program has been operating since 2008; it benefits both county high school students - by offering them the opportunity to develop real skills and work experience - and consumers of the CSB, who are provided a beautiful new home which is specifically designed and equipped to allow them to age in place. Preparer: Debbie Burcham Attachments: ■ Yes Title: Executive Director CSB 2723:94949.1 ❑ No MOARD OF SUPERVISORS Page 2 of U AGENDA On May 30, 2012, the Board entered into a Lease and Purchase Agreement with CAI for the 19801 Woodpecker Road property (then known as 3901 Dupuy Road). Chesterfield County Technical Center students have been working on the site for the past several years and CAI has invested over $250,000 in construction materials and expenses. The construction of the home is now complete and CAI seeks to exercise its purchase option under the lease. As it has done with other Build -A -House homes, CAI is seeking to recover its investment in this property through a loan from the Virginia Housing Development Authority. The VHDA has issued CAI a commitment letter for a 30 - year loan in the principal amount of $270,000 with a 2.95 percent interest rate. The VHDA loan requires that the property be occupied by persons with a disability. Staff proposes that the Board set a public hearing to consider the transfer of the Property to CAI. The transfer will be substantially similar to the County's transfer of the prior Build -A -House property (Church Road) to CAI, through a deed with reversionary provisions which would be subordinate to VHDA's interest, and a separate agreement under which CAI and seeks to exercise its purchase option under the lease. After a public hearing, the Board is requested to authorize the transfer of this property to CAI under terms and conditions substantially similar to those used for the Church Road property, would agree to use the property as a group home and to apply the CSB lease payments it receives to the VHDA loan. Site Map PROPMMeOWFOR PROPO$ED PARKING Or M F.*9-MA Fbbd Ina mnw Rita 07.�A%w ,44A &Y4410043D daW IWO10. ft bmworst m b/f4w And fimy LECKZ.0, nnwnAferefAerperlllienrihds i4 45 tr PROPOSED PLArS,HOMNGA DWELLING -PROPOSED DW&JJNG ON PARCEL 2, 5.000 ACRES OF aav 'I.AND'Li)CATED FAST WOOPPEWER. ROAD MAT6WA'31STi�&. PRbAnSPD OiESTERFiELD COUNTY, VIRGINIA PARCEL 2 W., Al, SCALE 1*^W 0 PROPOSED ORIVEWAY 74gr R,�UW -717,.5W. At w tKE ROAD rA, PROP0,9ED RlbbT027 CHORD 4 CULVERT PIPE 4o,Pjw CHORD - 1290174' t.,'JAV JS ly kcile:Jl=lool *4 mn -QoWT?mom-'- �.h -6 Drown oy Y_ !)NL, Checked by., WMN 0 ***e TIMMONS GROUP X301- 0, 1 "1 Fo(mMAP,Re--,VinTOTAVapp AM software bys lamode, Inc, — 1.800-ALAMODE 6W 'ON M8tit H '�pIul HA Pl;'' D AIV me • :4 t • • • 1759 c1 RG1N�' Page 1 of 1 Meeting Date: August 26, 2015 Item Number: 8.13.4.c. Subiect: Set Date for Public Hearing to Consider Proposed Amendment to the County Code Relative to Signs County Administrator's Comments: County Administrator: Board Action Requested: Set September 16, 2015 for public hearing on the attached ordinance amendment. Summary of Information: On August 18, 2015, following a public hearing, the Planning Commission unanimously recommended approval of the attached ordinance amendment, as recommended by staff. The recommended amendment differs somewhat from that which the Board referred to the Commission. The differences are as outlined in the attached document titled "Summary of Recommended Changes to Board Referred Ordinance." Preparer: Kirkland A. Turner Attachments: ® Yes Title: Director of Planning F-1No # oolls Summary of Recommended Changes to Board Referred Ordinance While most of the recommended changes deal with syntax, other modifications address: • Requiring signs be permanent unless otherwise specified; • Allowing substitution of a noncommercial message on any legal sign without consideration of message content, to prevent inadvertent favoring of commercial speech over noncommercial speech or favoring of any particular noncommercial message over any other noncommercial message, and allowing the unused portion of permitted sign area to be used for noncommercial messages; • Excluding requirement for a planning sign permit for off-site signs which advertise commercial uses lasting 3 or fewer days in residential and agricultural areas. Examples include yard sales or open houses; • Determining sign area, height and setbacks; • Permitting lighted signs at residential community entrances, schools and parks; • Increasing the amount of sign area in R, R-TH, R -MF, MH and A properties occupied by a residential use; • Increasing from 8 to 32 square feet the size for noncommercial freestanding limited duration signs, increasing the height from 5 to 7 feet, and reducing the number of signs from 3 to 2; • Increasing from 90 to 120 days in any 12 month period the display time for several limited duration signs; • Allowing the director of planning to extend the display time for commercial freestanding limited duration signs on occupied property if the property has vacancies or real estate for sale; • Increasing from 16 to 32 square feet the size of commercial freestanding limited duration signs on vacant property, decreasing the height from 10 to 8 feet, and revising the display time to require that the signs be removed at such time as the activity advertised ceases; • Increasing from 8 to 16 square feet the size of noncommercial signs on vacant zoning lots, and increasing the height from 5 to 10 feet; and • Revising the definition of sign to exclude works of art or architectural features that do not include or imply a commercial message. AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY REPEALING CHAPTER 19 (ZONING ORDINANCE) AND AMENDING AND REENACTING SECTIONS 19.1-6,19.1-41,19.1-270 THROUGH 19.1-278 AND 19.1-570 RELATED TO SIGNS AND ASSOCIATED FEES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Chapter 19 of the Code of the County of Chesterfield, 1997, as amended, is repealed and Sections 19.1-6, 19.1-41, 19.1-270 through 19.1-278 and 19.1-570 are amended and reenacted to read as follows: 2723:94962.1 ( (DO, j J";' OH.e I'VX4 , --- 17 C. Repetitive Violations'gma��. Fffffi—e --ssaLre _.ee,., 1D- nner- Violations. I . Computer Controlled Variable Message Electronic (EMC) Signs. If 2 notices of violation for an EMC sign are issued within 12 months, the planning department may issue a suspension of the sign permit for a period of up to 30 days. For each violation following the initial suspension period, the director of planning can suspend the sign permit for a period of up to 30 days. During suspension periods, the EMC sign shall be disconnected from electric power, 2. 1ht*nersPlanning Sign PermiL-4kw afifie A!jEkA. The planning department may deny a b planning sign permit application for up to I year from the issuance of the most recent notice of violation if a property, business, or organization has received 2 notices of violation for banRef regulations related to signs requiring a planning sign permit in any 12 month period. 000 D. Misdemeanor Violations. With the exception of violations which may be subject to civil penalties as outlined in E., violations of this chapter shall be considered misdemeanors. 1. Notice of Violation. M b. Contents of Notice and Time Period to Comply, The notice shall set forth: 1 2723:94962.1 • the nature of the violation; • the time period required for compliance; • a statement infon-ning the recipient of the right to appeal the notice within 30 days to the board of zoning appeals in accordance with this chapter; • the appeal fee; • location of information regarding the filing of an appeal,, and • a statement that the notice of violation is unappealable if not appealed within 30 days of the date of the notice. With respect to violations involving the parking or display of motor vehicles, prohibited –Ll- : signs, banneF. - -slimited duration signs, signs, or computer controlled variable message electronic (EMC) sit%s-s�nsef the par -king er display ef - .—E)F V-- the person shall remedy the violation ef eamply vAth the eenditi within 24 hours of service of the notice, unless an extension is granted. For all other violations, the person shall remedy the violation within 10 days after the date ef service ef-mei-14ig-of the notice, unless an extension is granted. 000 000 Application Type Fee (in dollars) Building Permit for New Single, Two Family or Townhouse Dwelling 40 per unit PlanningTonffx)rafy 504-50 Sign Permit '.Exeludlag Banners' All others 200 1400 Schematic or Overall Development Plan plus 70 per acre in excess of I acre Adjustment/Amendment to Approved Schematic, Overall 700 per submittal Development Plan or Site Plan 1400 Initial Submittal plus 2 Revision Submittals plus 70 per acre in excess of I acreill Site Plan Submittals Subsequent to First 3 Submittals 350 per submittall'i Appeal Planning Director's Decision on Site Plan 700 Plan Transfer to F'tectronic Format per Sec, 19.1-27.G. 130 .. .... . ..... . ....... . . ... . Deferral Request from Planning Commission Hearing] Meeting 1000 for first deferral plus 2000 for each deferral thereafter — J I Notes for 'fable 19.1-41.C. [11 For any office, commercial or industrial use within an enterprise zone, enterprise sub one or technology zone as designated by the county code, an application fee shall not be required. [2] Fee to be paid by applicant requesting or consenting to deferral. 000 2723:94962.1 00119 The purpose and intent of sign standards are to regulate publicly visible displays or graphics, protect and enhance the character of roads and surrounding areas, prevent diminishing property values due to excessive signage, safeguard the public use and nature of roads, and minimize motorist distractions. The standards are specifically designed to: o promote maximum sign legibility; o prevent over -concentration of signs as well as excessive height, bulk and area of signs; o promote safety by requiring that signs not create a hazard due to collapse, fire, collision, decay or abandonment, obstruct firefighting or police surveillance, nor create traffic hazards by confusing or distracting motorists or by impairing a driver's ability to see pedestrians, obstacles or other vehicles, or to read traffic signs; and a identify a destination. The following shall be prohibited: o Unless specifically permitted, changeable copy signs; © Sound or smoke producing signs; o Moving signs intended to attract attention, regardless of whether or not the sign has a written message or whether all or any part of it moves by means including, but not limited to, rotating, fluttering or being set in motion by movement of the atmosphere. This prohibition includes pennants, but does not include commercial or noncommercial flags, routine operation of the hands of a clock, or computer controlled variable message electronic (EMC) signs; • Commercial signs held or carried to attract attention; a Persons dressed in costumes and acting to attract attention to a commercial activity; • Attention getting devices such as pennants, streamers, balloons or inflatable devices of any configuration acting to attract attention to any use other than noncommercial activity at a residential use; a Signs with flashing lights, intermittent lights or lights with changing degrees of intensity, excluding computer controlled variable message electronic (EMC) signs; o Internally lighted canopies or awnings constructed of translucent material; • Commercial signs on a parked automobile, motor vehicle, tractor trailer or trailer when. used primarily for the purpose of, and serving the function of, a sign, except when parked in the operator's driveway, when loading or unloading, or when parked to the side or rear of a nonresidential building and not visible from adjacent roads; 2723:94962.1 nu 0 o Signs greater than 48 square inches on a parked automobile, motor vehicle, tractor trailer or trailer, which display a commercial message that is unrelated to an activity or enterprise of the owner or operator of the vehicle or trailer; and o Outdoor advertising signs. A. Signs Requiring a Sign Permit. A sign permit shall be required for a sign, excluding banners, originally built or enlarged to be in excess of 8 square feet, and for any enlargement, structural alteration or modification of these signs other than sign refacing. B. Signs Requiring a Planning_Sign Permit. On a vacant lot, a lot occupied by a nonresidential use, property at the entrance to a residential community, or an 0, C and I property, a planning sign permit shall be obtained for any sign for which a sign permit is not required except for off- site signs outlined in Section 19.1-278.C.5. Applications shall not be submitted more than 30 days prior to the proposed display date. C. Sign and Planning Silln Permit Applications. Number of Required Applications. Except for computer controlled variable message electronic (EMC) signs, a single application may be made for multiple signs as follows: o signs within a single project; and o limited duration signs on multiple properties. A separate application shall be required for each EMC sign. 2. Application Information. Applications shall include information deemed necessary by the planning department to ensure compliance with this division. A. Signs Generally. Unless otherwise provided, the following regulations shall apply to all signs and are in addition to other regulations contained herein: 1. Except as otherwise specified in this division, commercial signs shall be related to the premises. 2. A noncommercial message may be substituted, in whole or in part, for the message displayed on any sign which conforms to this chapter without consideration of message content. Such substitution of message may be made without any additional approval, permitting, registration or notice. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. Whenever a zoning lot has not used all of its permissible sign area, then the unused portion may be used for the display of signs displaying noncommercial messages. Any on-site commercial message may be substituted, in whole or in part, for any other on-site commercial message. 1 5 2723:94962.1 'Z� I 3. Signs posted by, or required to be posted by any government or governmental agency shall be exempt from this division. 4. Signs posted solely for traffic control, public safety, or hazard warnings shall be exempt from this division. 5. Signs shall be structurally safe and maintained in good condition. 6. Signs shall not obstruct an opening intended to provide light, air, or building ingress or egress. 7. Freestanding signs shall not overhang any portion of a building. &. Signs shall not unreasonably obstruct the view of other signs from roads. 9. Signs shall not be posted on trees, utility poles or traffic control devices. 14. Sign position, shape and color shall not interfere with, obstruct the view of, or cause confusion with, a traffic sign, traffic signal, or other traffic control device. 11. Sign lighting shall not impair a driver's vision, obstruct police surveillance, or cause direct glare into or upon, property other than that on which the sign is located. 12. Signs shall not obstruct firefighting access. 13. For signs requiring a sign permit, a survey prepared by a registered civil engineer or surveyor certifying the location, height, and area of the sign shall be submitted following erection of the sign, if requested by the planning department. 14. Unless otherwise specified in this chapter, signs shall be permanent. 15. For freestanding signs outlined in Section 19.1-276. which require a sign permit, the permit number and date of issuance shall be permanently affixed so as to be clearly legible from the ground. 16. Twelve (12) months after the advertised use or activity ceases, a sign shall be removed, unless a shorter time period is specified in this chapter. B. Comprehensive Sign Package for Nonresidential Communities. Prior to the first site plan approval for a nonresidential community, a comprehensive sign package for all proposed signs shall be submitted to the planning department for approval. The sign package shall include information necessary to ensure compliance with this chapter, such as, but not limited to, conceptual sign renderings or descriptions with sizes, lighting, and general locations. All signs shall conform to the following: ® letter style and graphic display of signs shall be similar; 6 2723:94962.1 ® area, location, and material of signs shall substantially conform to building and site design; ® freestanding sign structures shall be similar; ® a single type of building mounted display shall be used; ® background colors of sign boxes shall be similar; and ® other than the primary sign, signs for each individual use shall have the same background color which shall be one of the colors of the primary sign. C. Measurement of Signs. 1. Building Mounted. The area of building mounted signs shall be determined as follows: ® Projecting Sign. The area of a rectangle or square encompassing the extreme limits of each individual sign face, including all background visible from any direction at any one time; ® Canopy or Awning Sign. The area of the surface upon which the sign copy is located; ® Individually Mounted or Painted Copy Sign. If the copy is not emphasized by an architectural or painted element of the building, the sum of the area within a series of rectangles or squares encompassing each individual figure. If the copy is emphasized by an architectural or painted element of the building, the area shall be determined in accordance with the requirements for Other Building Mounted Signs as outlined below; and ® Other Building Mounted Signs. The area of a rectangle, square, circle, triangle or combination thereof encompassing the extreme limits of copy. 2. Freestanding. a. Area. The area of a sign shall be that of a rectangle, square, circle, triangle or combination thereof encompassing the extreme limits of copy. The area of a 2 or more sided sign, where the interior angle between sides exceeds 90 degrees, shall be the sum of the area of the copy on all sides. b. Height. Except as stated herein, sign height shall be the vertical distance from grade level to the top of the sign copy: ® the height of a sign installed on an artificially created berm, mound or similar feature shall include the height of such feature; or the height of sign adjacent to a road and installed below the grade of the nearest travel lane shall be the vertical distance from such lane grade to the top of the sign copy. 7 2723:94962.1 �, �� A. Signs Permitted in VDOT Right -of -Way. In addition to the signs outlined in B., the following signs may be placed within the right-of-way if approved by the Virginia Department of Transportation: signs posted by, on behalf of, or with permission of, a governmental agency or public utility; noncommercial signs within a median strip at the entrances to residential, nonresidential, or mixed use communities; and limited duration banners across a road in Special Design Districts related to a noncommercial activity within the District. B. Road Setbacks. Except where expressly stated, signs shall meet the following requirements: Road Setbacks. Except as outlined herein, setbacks shall be measured from the existing right-of-way. If a sign is permitted to be located within an ultimate right-of-way shown on the comprehensive plan, or an existing right-of-way, the owner shall be responsible for relocating the sign to conform to the setback requirements at such time that the road is widened. Signs shall conform to the following setbacks: a. Except as outlined b., signs shall be set back as follows: 0 in Special Design Districts, 5 feet from the right-of-way; or in other areas, 20 feet from the edge of the pavement or face of curb as applicable, but in no case less than I foot from the right-of-way. b. Along the following roads, signs may be located within the ultimate right-of-way shown on the comprehensive plan if the right-of-way is dedicated, free and unrestricted, to the county, a license agreement is obtained from the board of supervisors, and the signs are set back 20 feet from the edge of the pavement or face of the curb, as applicable: o Route 60 between the Powhatan County line and Winterfield Road; o Route 60 between Old Buckingham Road and the Richmond corporate limits; o Route 360; o Route 10 between the Richmond corporate limits and Buckingham Street; a Route 10 between Jefferson Davis Highway and the Hopewell corporate limits; a Huguenot Road; o Courthouse Road between Route 60 and Route 360; a Harrowgate Road; and o Jefferson Davis Highway. 2. Other Property Line Setbacks. Signs shall be set back 15 feet from all other property lines. 1 8 2723:94962.1 in, C. Lighting. 1. Generally, Lighting shall be arranged and installed so that the light source is not visible from adjacent roads, adjacent R, R-TH or R -MF property, or adjacent A property designated on the comprehensive plan for residential use. Lighting shall not blink, fluctuate or move. 2. Sign Lighting on R and MH Property, and on A Property Designated on the Comprehensive Plan for Residential Use --Hours Limitations. Excluding residential community entrance signs and signs on public park or school properties, nonresidential use signs shall not be lighted between the hours of 10 p.m. and 6 a.m. 3. External lighting. External lighting shall be limited to white lighting in spots or floods which are concealed or screened from view. If external lighting is used, internal lighting shall not be permitted. Incidental building lighting shall not be considered external sign lighting. 4. Internal Lighting. Internal lighting shall be contained within translucent copy or internally illuminated sign boxes. Sign box internal lighting shall be restricted to the sign face. If internal lighting is used, external lighting shall not be permitted. A. Nonresidential Use -Signs Generally. 1, If the side or rear lot line adjoins R, R-TH, R- MF property, or A property designated on the comprehensive plan for residential use, no building mounted sign shall be visible from such property unless the sign is located a minimum of 150 feet from such property. 2. The color of a sign's raceway shall match that of the building face on which the sign is mounted. 3. Building mounted signs shall not project above the building's roofline or parapet wall. A roofline or parapet wall shall not be artificially extended to accommodate signage. 4. A projecting sign shall not extend more than 36 inches from the building, roof, or canopy to which it is attached, exceed a face-to-face thickness of 8 inches, or exceed the height of the fascia or parapet wall. The sign shall be attached so as to maintain a minimum clearance of 8 feet above grade. 5. Permitted building mounted signage may be placed on a drive-through canopy fascia. The area of a drive-through canopy fascia shall be included in determining total building mounted signage unless the color of the fascia is 1 of the following colors, excluding the color of any sign copy: e black; * white; or * a significant color or significant accent color of the building. 2723:94962.1 w'OOfL,25 B. Nonresidential Use Building Mounted Sign Area. 1. Determination of Frontage. The area of permitted signage shall be based upon the building or tenant face frontage length to include the length of any canopy. Frontage shall be determined as follows: ® the front building face length; * the tenant face length for a tenant which has an individual exterior entrances; or a building with tenants having individual exterior entrances and tenants having common exterior entrances, signage for tenants with individual exterior entrances shall be based upon the length of the tenant face, and signage for the remainder of the building shall be based upon the building face less that for each tenant with an individual exterior entrance. 2. Determination of Permitted Signage. a. Length of Signage. Under no circumstances shall the collective length of building mounted signs on a building or tenant face exceed 70 percent of the length of the building or tenant face, as applicable. b. Area of Signage. Permitted signage shall be 1.25 square feet for each 1.0 linear foot of frontage for the first 120 feet plus 1.0 square foot for each additional 3.0 linear feet of frontage, provided that a minimum of 30 square feet of signage shall be permitted. c. Permitted Increases in Area of Signage. The permitted sign area in b. may be increased as follows: Building Outside of a Nonresidential Community or Outparcel in a Nonresidential Community. If a freestanding sign is not erected, the permitted 1.25 square feet of signage for each 1.0 linear foot of frontage may be increased to 1.75 square feet for each 1.0 linear foot of frontage. Building at Road Intersections. The total sign area may be increased by 50 percent provided that the sign area exposed to any single road shall not be increased beyond that normally permitted for that building face. This increased sign area shall be calculated based on the maximum area of building mounted signs permitted before any other permitted increase in sign area. ® Building Fronting on 2 Roads, or Building with Public Parking to Front and Rear. The sign area for a use which extends from the front to the rear of a building may be increased by 100 percent to allow a sign on both the front and rear building face. The sign area exposed to any road or view from the parking area shall not be increased beyond that normally permitted for that building face. This increased sign area shall 10 2723:94962.1 be calculated based on the maximum area of building mounted signs permitted before any other permitted increase in sign area, C. Other Nonresidential Use Building Mounted Signage. The following signs shall be permitted and shall not be included in the permitted aggregate area of building mounted signs: Door and Window Signs. Signs mounted on, or externally visible through, a door or window, not to exceed the lesser of 15 square feet or 25 percent of the total window or door area on the face of the building through which the sign is visible, shall be permitted, provided the view into the establishment from the bottom half of the door or window is not obstructed. Under Canopy Signs. 1 tinder canopy sign not to exceed 8 square feet shall be permitted in front of each tenant's main entrance. D. Building Mounted Signage on Property with Residential as Principal Use. e Signs shall not be internally illuminated; 0 Building mounted signs shall not project above a building's roofline or parapet wall; Single family dwelling units or multifamily units with individual exterior entrances shall be permitted I square foot of signage for each unit; and Multifamily units sharing a common exterior entrance shall be permitted 4 square feet of signage for each common entrance. A. Generally. 1. Number. Except where specifically stated, a project shall be limited to I freestanding sign. 2. Sign Structure. Except for limited duration signs, freestanding sign structures shall either be covered with a material having a similar color and finish to the principal building, be covered with a material and color used elsewhere on the sign, or be an architectural detail such as a column or a decorative wall. 3. Changeable Copy. Except on property occupied by a residential use, changeable copy may be incorporated into permitted permanent freestanding signs as follows: a. Area of Changeable Copy. Permitted sign area may be increased by 25 percent for the purpose of including changeable copy, provided the area of the changeable copy is limited to one-half or less of the total area of the sign face. 11 2723:94962.1 b. Location of Copy. Changeable copy shall be incorporated into permitted freestanding signs as follows: * Signs Erected on or after, April 25, 2001. Changeable copy shall either abut the freestanding sign face, be incorporated into a freestanding monument sign, or be integrated into the freestanding sign face. Signs Erected Prior to April 25, 2001. Except as provided below, changeable copy incorporated into a sign shall abut the existing sign face as close as practical. A nonresidential community project with a non -changeable copy sign shall be permitted a separate sign solely incorporating changeable copy. The area of the changeable copy sign shall be limited to 50 percent of the permitted sign area for the nonresidential community and be of a monument style using similar materials and colors to that of the existing sign. 4. Freestanding Sign Landscaping. Except for signs located within areas which were paved as of April 25, 2001, or signs outlined in Sections 19.1-277. and 19.1-27$., the base of freestanding signs shall be landscaped with grass, groundcover, shrubs or trees consistent with site landscaping. 1 2723:94962.1 12 B. Except as otherwise permitted in this division, the following freestanding signs shall meet the requirements outlined in Table 19.1-276.8.1. Countywide excluding 0-1, C-1 and Special 7mmm Districts[ Size of Project O-1 C- I and Special III Design Districts Project Type Or Design Districts Location Area Height Area Height 21 (square feet) (feet) [21 (square feet) (feet) I — 50 acres or Less 50 15 32 8 Mixed Use Community 131141 Greater than 50 100 20 32 8 acres Lessthan 50 15 32 8 Nonresidential Community 131[41 300,000 s/f of gfa 300,000 s/f of gfa 100 20 32 8 or Greater 0 and I Districts 32 8 24 8 Outparcel in a Nonresidential Community 131141 C Districts 20 8 20 8 0 and C Districts 50 15 24 8 Property Outside of a Nonresidential I District – 25 acres or Less 50 15 24 8 Community 131141151 1 District – Greater than 25 100 15 24 8 acres Property in A, R, R -MF, R-TH, MH District Fronting ming on a major arterial 50 15 24 8 with a Nonresidential Use, Excluding Farm Fronting other Use 131141 road 32 15 24 8 Property in A District with Farm Use 161 12 10 12 10 Residential Community Entrance 171 32 15 32 7] Property in A, R, R -MF, R-TH, MH District i rop 7 12 5 12 5 on which there is a residential use 191 on Fwh re c I s igr Special Design District Entrance Special 7? 1 2 70 12 13 2723:94962.1 Notes for Table 19.1-276.13.I. [1] In addition to permitted freestanding signs, commercial flags not to exceed the square foot limitations for a permitted freestanding sign and a height of 40 feet, to include the pole to which attached, shall be permitted. The area of any permitted freestanding sign shall be reduced by the total area of all commercial flags. A maximum of I commercial flag shall be permitted on each pole. [2] Architectural elements enclosing the top area of copy shalt be permitted provided the element height does not exceed 25 percent of the allowable sign height. [3] Property fronting 2 or more major arterial roads shall be permitted along each such road I freestanding sign conforming to the size and height limitations. [4] Property fronting a major arterial road and a collector road, or 2 or more collector roads, shall be permitted along each such road I fireestanding sign. Signs along a major arterial road shall conform to the size and height limitations. Signs along a collector road and within 300 feet of an R, R-TH or R -MF property, or A property designated on the comprehensive plan for residential use, shall not exceed 10 square feet and a height of 8 feet. All other signs along a collector road signs shall not exceed 30 square feet and a height of 10 feet. Signs along a collector road shall not be externally lighted nor include changeable copy. [5] The sign square footage for a project with multiple tenants sharing common building entrances may be increased by 10 square feet. [6] The sign square footage may be displayed in more than I sign provided the total area of all signs does not exceed the permitted square footage. Signs may be temporary. [7] 1 such sign shall be permitted for each road entrance into the community, provided that 2 signs shall be permitted if each sign is attached to a decorative fence or wall located on opposite sides of the entrance. Each sign shall be limited to 32 square feet, provided that the sign area may be increased by I square foot for each dwelling unit in excess of 320, but in no case shall a sign exceed 100 square feet. In a residential development having multiple neighborhoods not generally connected by local roads, the planning department may allow I sign, not to exceed 12 square feet and 7 feet in height at each neighborhood entrance from an arterial, collector or residential collector road. [8] Noncommercial signage may be provided in more than I sign provided that the aggregate area of all such signs shall not exceed 8 square feet. A maximum of I sign may be a commercial sign not to exceed 4 square feet. Signs may be temporary. 14 2723:94962.1 The signs in this section shall be in addition to other signs permitted by this division, 1. Freestanding Sign at Entrances to Projects in 0, C and I Districts. 2 on-site signs, each not to exceed 4 square feet and a height of 5 feet, shall be permitted at each road entrance to a project. Signs shall be limited to 2 colors, one for lettering and one for background. Lighting shall be limited to internal means. 2. Freestanding Signs at Entrances to Establishments 0, C and I Districts Located Outside a Nonresidential Community that Share Access to a Road. Where 2 establishments are required by the transportation department to share access to a road, each establishment shall be allowed I sign, either on- or off-site, along the shared access. Each sign shall not exceed 4 square feet and a height of 5 feet. Freestanding Off-site Signs for Specific Public and Semi -Public Places. Assembly uses exceeding 10,000 gross floor area, hospitals on, greater than 25 acres, transit uses, or other public uses without a direct entrance to a major arterial road shall be permitted I off-site sign. If the signs are located on a major arterial road, 2 signs shall be permitted on opposite sides of such road. Signs shall not exceed 7 square feet and a height of 7 feet. 4. Drive-through Facility Stacking Lane Signs. Adjacent to each stacking lane, 2 signs shall be permitted provided they are not legible from off site. Signs shall be limited to 6 feet in height, In Special Design Districts, the curnulative area of all such signs shall not exceed 24 square feet, and in all other areas 45 square feet. 5. Establishments Accommodating Orders from Parking Spaces or Fueling Stations. I sign, not to exceed 4 square feet, shall be permitted adjacent to each space or station. The sign shall be attached to columns supporting a canopy. The color of the sign box shall match the color of the column on which the sign is mounted. 6. Fuel Dispenser Mounted Signs. 8 square feet of signage, attached to, or immediately above, each fuel dispenser shall be permitted. Signs shall not be internally illuminated. A. Permitted Limited Duration Signs. Limited duration signs shall be in addition to other signs permitted by this division. B. Limited Duration Signs in 0, C, and I Districts, and in A Districts Designated on the Com rehensive Plan for Nonresidential Use. 1. Noncommercial Freestanding Signs. A mixed use or nonresidential community, or zoning lot not located within a mixed use or nonresidential community shall be permitted 2 noncommercial signs. 1 additional such sign for each 500 linear feet of road frontage in I . 15 2723:94962.1- --,I 0 1 Zo excess of 1000 feet shall be permitted; however, in no case shall the number of signs exceed 4. Each sign shall not exceed 32 square feet and 7 feet in height. Each sign shall be displayed for no longer than 100 consecutive days. Display of such signs on each community or lot shall be limited to a total of 120 days within any 12 month period. 2. Noncommercial Banners Across Roads in Special Design Districts. In a Special Design District, 1 banner, not to exceed 250 square feet, related to a noncommercial activity within the District, either on-site or off-site of the property on which the activity is to occur, shall be permitted. The sign shall be located across a road. Display of the banner shall be limited to 60 consecutive days. Display of such banners within each Special Design District shall be limited to a total of 120 days within any 12 month period. 3. Commercial Freestanding Signs on Occupied Property. A mixed use or nonresidential community, or a zoning lot not located within a mixed use or nonresidential community shall be permitted 2 commercial signs, each not to exceed 16 square feet and 7 feet in height. 1 additional such sign for each 500 linear feet of road frontage in excess of 1000 feet shall be permitted; however, in no case shall the number of signs exceed 4. Display of each sign shall be limited to 30 consecutive days. Display of such signs on each community or lot shall be limited to a total of 120 days within any 12 month period. The director of planning may approve time extensions on property with vacancies or real estate for sale. 4. Building Mounted Banners on Nonresidential Community. A nonresidential community shall be permitted 2 banners, each not to exceed the greater of 50 square feet or 15 percent of the area of the building face or tenant unit face on which the banner is mounted. Display of each banner shall be limited to 30 consecutive days. Display of such banners on each community shall be limited to a total of 120 days within any 12 month period. Building Mounted Banners on Zoning Lot Outside of a Nonresidential Community or Outparcel within a Nonresidential Community. A zoning lot outside of a nonresidential community or outparcel within a nonresidential community shall be permitted I banner, not to exceed the greater of 50 square feet or 15 percent of the area of the building face or tenant unit space on which the banner is mounted. Display of such banner shall be limited to 30 consecutive days. Display of such banners on each lot or outparcel shall be limited to a total of 120 days within any 12 month period. 6. Commercial Signs on Vacant Zoning Lot. A vacant zoning lot shall be permitted 2 commercial signs, each not to exceed 32 square feet and 8 feet in height. A zoning lot fronting 2 or more major arterial or collector roads shall be permitted 2 such signs along each such road. Signs shall be removed at such time that the activity which it advertises ceases. 7. Off-site Signs for Noncommercial Use of Limited Duration. A noncommercial use lasting 14 or fewer days shall be permitted 10 off-site signs on either O, C or I property, or A property designated on the comprehensive plan for nonresidential use. Each sign shall not exceed 32 square feet and 8 feet in height. I sign shall be permitted per zoning lot or community. Display of signs shall be limited to 15 days prior to commencement, and 48 hours after cessation, of the advertised use. Each organization shall be limited to the display of such signs 4 times within any 12 month period. 2723:94962.1 v'.4 J m C. Limited Duration Signs in R, R -TSI, R -MF and MH Districts, and in A Districts Designated on the Comprehensive Plan for Other than Nonresidential Use. 1. Noncommercial Signs at Residential Community Entrances. At each entrance into a residential community, I noncommercial sign, not to exceed 32 square feet and a height of 7 feet, shall be permitted. Display of each sign shall limited to 60 consecutive days. Display of such signs on each community shall be limited to 120 days within any 12 month period. Banners for Nonresidential Use on Zoning Lot not Occupied by a Residential Use. On a zoning lot not occupied by a residential use, I banner, not to exceed 32 square feet and a height of 7 feet, shall be permitted. A zoning lot fronting 2 or more major arterial or collector roads shall be permitted such signage along each such road. Display of each banner shall be limited to 60 consecutive days. Display of such banners on each lot shall be limited to 120 days within any 12 month period. 3. Commercial Signs on Vacant Zoning Lot. On a vacant zoning lot, I sign, not to exceed 16 square feet and 10 feet in height, shall be permitted. I additional such sign for each 500 linear feet of road frontage in excess of 1000 feet shall be permitted. A zoning lot fronting 2 or more major arterial or collector roads shall be permitted such signage along each road. Signs shall be removed at such time that the activity which it advertises ceases. 4. Noncommercial Signs on Vacant Zoning Lot. On a vacant zoning lot, 1 sign, not to exceed 16 square feet and 10 feet in height, shall be permitted. I additional such sign for each 500 linear feet of road frontage in excess of 1000 feet shall be permitted. A zoning lot fronting 2 or more major arterial or collector roads shall be permitted such signage along each road. Display of each sign shall be limited to 100 consecutive days. Display of such signs on each lot shall be limited to 120 days within any 12 month period. 5. Off -Site Signs for Commercial Use of Limited Duration. 3 off-site signs, each not to exceed 6 square feet and 7 feet in height, shall be permitted for a commercial use lasting for 3 or fewer days on an R, R-TH, R -MF or MH property, or on A property designated on the comprehensive plan for other than nonresidential use. I sign shall be displayed on a zoning lot. Display of signs shall be limited to 48 hours prior to commencement, and 48 hours after cessation, of the use or activity advertised. M For the purposes of this chapter, the following words and phrases shall have the following meanings: ME Banner: A type of limited �duratioqte i� sign consistLings of a piece of fabric or other flexible material, other than a flag or pennant, and secured so as to not be a moving sign. 1 17 2723:94962.1 000 Canopy, drive-through: Permanent roof structure made of rigid materials providing protection from rain or sun to a drive --through activity. Canopy, pedestrian: Permanent roof structure made of rigid materials providing protection from rain or sun to a pedestrian area. 000 event:Community gathering relatingpurposes to parades, festivals, eammernerative events, seheel sponsored events, and other - Community, mixed use: Development containing a mixture of residential and nonresidential uses. Community, nonresidential: Group of buildings or uses containing three or more nonresidential establishments that are planned, developed or managed as a unit. Community, residential: Recorded subdivision or multi -family project. MOO Copy: Display on a sign surface in permanent, electronic or removable letter, graphic or numeric form. Copy includes any associated background distinguishable from the sign structure or building. ,IZili Flag, commercial: Sign consisting of a piece of cloth or other flexible material, b pole, ligJA post „*ea on ., building -and -used to a symbelize *''attract attention to a commercial use or business activity ,,,,,.,.,,.nig on the *rand attached to a flag or light pole. A commercial flag shall be included in the calculation f f the arneunt of freestanding signage pefrni4ed-on the property. Flag, noncommercial: Sign consisting of a piece of cloth or other flexible material Flag -that only depicts the emblem or insignia of a nation, political unit, educational, charitable, religious, civic or similar group, or is a decorative flag that does not display a commercial — ^dtisin message. A noncommercial flag shall be not be included in the calculation far the a ffl ufft of signagepermitted on the property. Ili 18 2723:94962.1' Floor area, gross: Sum of the horizontal area of all floors of a building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings, but not including outside storage areas, attached garages or carports, enclosed porches or rooftop enclosures housing mechanical equipment. Also referred to as ';gfa". 000 na, I AZIMMM Sum of Shaded Area UnfmitftdSpace FIMshed Space I Garage Porch i ........................... 11, 000 0—der beardt Sign providing the menu for a drive through r-estaufant that ifl-OlUdes aA illteFeOffi .def. 000 Pennant: Lightweight plastic, fabric or other similar material suspended from a rope, wire, or string, usually in series, pennant may or may not contain cQM. IM , whiek may of may net eentain eepy and designed to move in the wind. A P r ev i -I.-ard, Sign pfeviding the menu fef a dfive thfough r-estaufant prior- ta appr-eaehing the efd beafd. A preview board does not h- 000 Refacing: Replacement of a sign face with a new sign -face of equal size to that of the original. -face that , and whi does not alter any other aspect of the sign. 111 Kim Sign: Display of figures or copy visible to the public for the purpose of making anything known or attracting attention. The term sign includes the sign structure and commercial flags: but excludes works of art or architectural features that do not include or imply a commercial message. Sign box: Structure that encloses the sign face and other components. Sign, building mounted: Permanently attached sign, erected or painted on the outside wall, roof; window or door of a building. Building mounted signs do not include freestanding signs. 19 2723:94962.1 AZIMMM Sum of Shaded Area UnfmitftdSpace FIMshed Space I Garage Porch i ........................... 11, 000 0—der beardt Sign providing the menu for a drive through r-estaufant that ifl-OlUdes aA illteFeOffi .def. 000 Pennant: Lightweight plastic, fabric or other similar material suspended from a rope, wire, or string, usually in series, pennant may or may not contain cQM. IM , whiek may of may net eentain eepy and designed to move in the wind. A P r ev i -I.-ard, Sign pfeviding the menu fef a dfive thfough r-estaufant prior- ta appr-eaehing the efd beafd. A preview board does not h- 000 Refacing: Replacement of a sign face with a new sign -face of equal size to that of the original. -face that , and whi does not alter any other aspect of the sign. 111 Kim Sign: Display of figures or copy visible to the public for the purpose of making anything known or attracting attention. The term sign includes the sign structure and commercial flags: but excludes works of art or architectural features that do not include or imply a commercial message. Sign box: Structure that encloses the sign face and other components. Sign, building mounted: Permanently attached sign, erected or painted on the outside wall, roof; window or door of a building. Building mounted signs do not include freestanding signs. 19 2723:94962.1 Sign, changeable copy: Sign upon which copy can be changed or altered, except for scoreboards. Changeable copy signs include the following: ® Manual: Sign with copy that can be changed or altered by manual means. m Electrical: Sign with copy that can be changed or altered on a fixed display surface composed of electrically illuminated or mechanically driven changeable segments. Electrical signs include the following: Fixed message electronic. Sign with copy that has been preprogrammed to include only time, temperature, and date, and does not operate in a flashing, traveling or rolling fashion. Computer controlled variable message electronic EMC . Sign with copy that can be changed or altered by means of computer-driven electronic impulses, excluding fixed message electronic signs. Sign, Construetion; notifying the public of a residential or- nenr-esidential eeffifftuni to be eetistin-leetteed in. the y pai4ieipafing in eons pr-epefty an whieh the sign is leeated. Sign, off site dir-eetional! Sign that direets traffie to a site other- than the site an whieh the sit,.. i- t + d Off site d' t', at signs d not ; elude real estate Signs. Sign, on site dir-eetionah Sign tha4 dir-eets tr-affie te an aetivity en the same site on whieh the sign is t t d O site d' ti at signs d t ;„„ t„de cont estate s Sign, on site direetory: Sign leeated internally to a neiffesidential eemmtffi4y fer- the par-pose iden4ifying and a directional infeFmatien to businesses or eeeopants within the eeimmunit�The b inelude logos and/or business names of individual businesses in the eemm'daity. 000 Sign, freestanding: Nen movablePermanent sign supported by a fence, wall, upright structural members or braces that are on, or in, the ground. Freestanding signs do not include signs attached to a building. Sign, illuminated-sign: Sign with an artificial internal or external light source inee -posted ;„temall of pr-evided externally for- the purpose of that illuminates the sign. Sign, limited disilay-duration: Temporary s-Sign or banner permitted for a limited time period. i3ei:fnit4ed for- a liffifted time i3er-ied. Sign shall net be oefmanei4ly affixed to the �Xr-etffi"r- a stfuettlfez ef e t,a Sign, Freestanding b n that beafs the name ef the Sign, outdoor advertising: Sign or structure used as an outdoor display for the purpose of making anything known, when the matter advertised or displayed is not related to the premises where such 20 2723:94962.1 �: cl , sign is located. Outdoor advertising signs do not include the off-site d ^tiena , yard Cala or r- estate signs specifically permitted in this chapter. Sign, permanent: Sign attached to the ground or a structure, intended to exist for the life of the structure or use, and which cannot be easily removed. Sign, projecting: Sign., attached to die -a building wall; of a build:~b,_ projecting at an angle and extending more than 18 inches from the Taee ef the building wall face. Sign, real estate: Temperafy sign effiaring pr-epei4y for sale, lease, r-en4 and/or- development, -&F advertising epen heuse. Sign structure: An assembly of materials used to support a sign, including the exterior form and finishes that define sign copy area. Sign, temporary: Sign not permanently affixed to the ground or a structure, designed or, constructed such that it can be moved or relocated without requiring any structural or support changes. peanit4ed f ., limited time period Sign, traffic control: Sign solei regulatin safe -driving,,-<)f parking or traffic movement., eneway, 4E) net enter-, and handieapped pafking. Sign, under canopy: Sign mounted perpendicular to a building fieit-face that under, and attached to, the ceiling of a building mounted pedestrian canopy. Sign, window: Sign attached to a door or window that is legible from the exterior of the building. Sign, Sspecial Ddesign Ddistriet ent•*ayentranee: Beta Ffreestanding sign located at, or near, the entrance to a Sspecial Ddesign Ddistrict. as eutlined-this ehapte�-=The -sign eepy shall -'ea (2) That this ordinance shalt become effective immediately upon adoption. 2723:94962.1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: August 26, 2015 Item Number: 8.13.5. Subject: Approval of the Chesterfield County Police Department Towing Contract Fee Addendum County Administrator's Comments: County Administrator: F11 Approval of the attached towing contract fee addendum as approved by the Chesterfield County Police Department Towing Advisory Board. Summary of Information: The Police Department contracts with towing companies to tow vehicles that are inoperable due to varying circumstances such as vehicle crashes and mechanical problems. These companies are called upon when the owner of the vehicle has no preference on a wrecker. Per Virginia Code section 46.2-1217 the Towing Advisory Board, which is appointed by the Board of Supervisors, must review and agree on any changes to the contract between the Police Department and the tow company owners. The Towing Advisory Board met and agreed on the attached fee addendum. The Towing Advisory Board and the Police Department endorse the fee addendum and request approval by the Board of Supervisors. The Towing Advisory Board proposes a 2.1 percent increase shown in the attached fees based on the Producers Price Index (PPI) and the Consumers Price Index (CPI), which were recognized by the Board of Supervisors at the July 30, 2008 meeting, Agenda Item No. 8.B.6., as an appropriate standard for future increases. The last price increase was adopted in 2013. Police Department staff members are in agreement with the proposed fee increases. Funds are available to accommodate this change. Preparer: Thierry G. Dupuis Attachments: ® Yes Title: Chief of Police No #GT()teas F.-TIR17 l!Tni"I *Nighttime rates are effective between the hours of 7:00 PM and 7:00 AM Monday -Friday, "All hours on weekends and county holidays are charged as nighttime" The County holidays include New Years Day, Lee Jackson Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and the day after, Christmas Eve and Day. These are the maximum allowable charges to citizens as determined by the Chesterfield County Police Department. No other fees except those specified in the contract are permitted without approval of Chesterfield County Police Department Towing Coordinator. By signing this contract in whole (and this addendum in part), you agree to accept these fees for any Chesterfield County Police Department originated call for towing or related services under the contract. Night Services Day Weekend Holiday 1. Towing Wrecked passenger vehicle, light duty pick-ups, SUVs and vans $178 $214 (glass, metal, plastic sweep -up fee included). 2. Towing disabled passenger vehicle, light duty pick-ups, SUVs and vans. $86 $98 Vehicles towed to Police impound lot. 3. Traffic Infractions (i.e. Suspended License, DUI, Reckless Driving, etc.) $123 $141 4. Towing wrecked step vans, unloaded dump trucks, delivery trucks, pick-ups with dual rear wheels, or vehicles requiring a medium -duty wrecker (glass, $246 $282 metal, plastic sweep -up fee included). 5. Towing disabled step -vans, unloaded dump trucks, delivery trucks, pick-ups $129 $147 with dual rear wheels, or vehicles requiring a medium -duty wrecker. 6. Charge for disconnecting drive shaft, transaxle, transmission, transmission linkage in order to prevent drive train damage. Multiple charges are not $49 $49 allowed. 7. Storage fee — No storage fee for the first calendar day the vehicle was towed. Fees begin at 12:01 a.m. each calendar day after the first day the $41 $41 vehicle was towed. 8. After -hour release fee — applicable from 5:01 p.m. to 6:59 a.m. Mon — Fri. $45 $45 Applicable Saturdays and Sundays and on approved holidays*. 9. DMV Title search, lien holder/owner notification fees. $85 $85 10. One time charge per vehicle for use of winch for a vehicle with at least two wheels completely off the roadway, off the designated shoulder, or $74 $91 overturned. Multiple winching charges shall not be allowed. 11. Charges per mile from the `hook-up' site if the final destination is other $4 $4 than your towing storage lot. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: August 26, 2015 Item Number: 8.13.6. Subiect: Authorize the County Administrator to Renew a Health Care Contract with Anthem Blue Cross and Blue Shield and Execute a Dental Contract with Delta Dental of Virginia for 2016 County Administrator's Comments: County Administrator: The Board of Supervisors is requested to authorize the County Administrator to renew the county's contract with Anthem Blue Cross and Blue Shield (Anthem) and execute a contract with Delta Dental of Virginia (Delta) for 2016. Summary of Information: With the technical assistance of Wells Fargo Insurance Services, a national benefits consulting firm, County and Schools staff recently completed the rate renewal process for the 2016 Employee Health Program and a Request for Proposal process for the Dental Program. It is recommended that the County renew its current contract with Anthem and execute a new contract with Delta. Under the proposed 2016 program, employees will have the choice of the current POS 20 plan and a High Deductible Health Plan (HDHP)with a Health Savings Account (HSA) and three dental plans (basic, comprehensive and a DHMO). Health care rates will increase 8 percent, and dental rates will decrease 11 percent in 2016. The County FY16 adopted budget assumed an 8 percent health increase, funding is available. Preparer: Scott W. Zaremba Title: Director, Human Resource Programs Preparer: Allan M. Carmody Title: Director, Budget and Management Attachments: Yes ® No #� CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Members of the joint Board of Supervisors and School Board Benefits Committee were briefed on these issues and recommend approval to the full boards. Employer-employee contribution rates are still being finalized in conjunction with the Board of Supervisors, but staff respectfully requests approval of the renewal and new contract so open enrollment preparations may begin. The School Board will approve a similar agenda item on August 25, 2015. G ' y` 14 Meeting Date: August 26, 2015 Item Number: 8.13.7. Subiect: Renewal of Lease of Office Space for the Social Services Department County Administrator's Comments: County Administrator: Board Action Requested: Authorize the County Administrator to execute a lease agreement for office space with CS Development, Inc. for use by the Social Services Department. Summary of Information: Since 2000 the county has leased space at Court Square for use by Social Services. The current lease expires August 30, 2015. Staff has negotiated a 36 month renewal beginning September 1, 2015 for $5,255.79 per month a reduction of $660 a month off of the current rent (resulting in a savings of $6,600 in FY2016). It includes an option for an additional two years with a 3 percent annual escalation. Funding for FY2016 rent is included in the operating budget; future year rent payments are subject to annual appropriation by the Board. It is anticipated that the Expansion/Renovation of the Smith -Wagner Building will be completed by the end of 2018. Should the project schedule change significantly, the option to lease for an additional term can be exercised. Approval is recommended. District: Dale Preparer: John W. Harmon Title: Real Property Manager Preparer: Allan M. Carmody Title: Director, Budget & Management Attachments: 0 Yes F-1 No # 01_.2 CHESTERFIELD COUNTY BOARD OF SUPERVISORS S Page 1 of 1 k' -fin AGENDA Meeting Date: August 26, 2015 Item Number: 8.13.7. Subiect: Renewal of Lease of Office Space for the Social Services Department County Administrator's Comments: County Administrator: Board Action Requested: Authorize the County Administrator to execute a lease agreement for office space with CS Development, Inc. for use by the Social Services Department. Summary of Information: Since 2000 the county has leased space at Court Square for use by Social Services. The current lease expires August 30, 2015. Staff has negotiated a 36 month renewal beginning September 1, 2015 for $5,255.79 per month a reduction of $660 a month off of the current rent (resulting in a savings of $6,600 in FY2016). It includes an option for an additional two years with a 3 percent annual escalation. Funding for FY2016 rent is included in the operating budget; future year rent payments are subject to annual appropriation by the Board. It is anticipated that the Expansion/Renovation of the Smith -Wagner Building will be completed by the end of 2018. Should the project schedule change significantly, the option to lease for an additional term can be exercised. Approval is recommended. District: Dale Preparer: John W. Harmon Title: Real Property Manager Preparer: Allan M. Carmody Title: Director, Budget & Management Attachments: 0 Yes F-1 No # 01_.2 "VICINITY SKETCH Renewal of Lease of Office Space for the Social Services Department 40 0 COURTSQUARE 9854 LORI ROAD ,� M1 S LU P CD Z CO OAls pt N Chesterfield County Department of Utilities w 1 0,101 -333.3.3 fee CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Pagel of 2 Meeting Date: August 26, 2015 Item Number: 83.8. Subiect: Acceptance of Grant and Appropriation of Funds from the Virginia Department of Environmental Quality and Award of Construction Contract for the Mid - Lothian Mines Park Stream Restoration County Administrator's Comments: County Administrator: i The Board of Supervisors is requested to 1) accept a grant and appropriate funding up to $421,653, as anticipated grant funding reimbursements, from the Virginia Department of Environmental Quality and authorize the County Administrator to execute any necessary documents; and 2) award the construction contract to Dorin Landscaping Incorporated in the amount of $349,958 and authorize the County Administrator to execute the necessary documents. Summary of Information: The stream channel within Mid -Lothian Mines Park was identified through a countywide search for potential stream restoration projects. County staff has documented physical, biological and chemical degradation of the stream, making it a prime candidate for restoration. The restoration project is located within the County's Mid -Lothian Mines Park. The project drains to Falling Creek and consists of making improvements to the stream to accommodate current and future flows, sustain a healthy habitat, improve water quality and protect adjacent properties from flood damage. Preparer: Scott B. Smedley, RE, Title: Director of Environmental Engineering Preparer: Allan M. Carmody Title: Director of Budget and Management Attachments: Yes ® No # '' 4. BOARD OF SUPERVISORS AGENDA Summary of Information: (Continued) Page 2 of 2 The project will involve the restoration of approximately 1,500 linear feet of stream channel, installation of vegetation and retrofitting three stormwater outfalls. Restoration efforts are scheduled to begin this fall and conclude in the spring of 2016. The adjacent property owners, Virginia Department of Environmental Quality and the U.S. Army Corps of Engineering were engaged during and after the study in order to elicit support for the project, potential remediesand the necessary permits. The pollutant reduction as a result of the proposed project and retrofits will be credited towards the county's stormwater regulatory responsibilities under Chesapeake Bay Total Maximum Daily Limits (TMDL). This project is being funded on a 50/50 basis with county funds and state Stormwater Local Assistance Grant. The county's funding has been appropriated in the Capital Improvements Plan and staff requests that the grant be appropriated. District: Midlothian 0.5 Meetina Date: Auaust Subject: CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA 2015 Item Number: 8.8.9. Approval of a Lease Purchase Agreement with Banc of America for the Financing of 100 School Buses County Administrator's Comments: County Administrator: Board Action Rec Authorize the County Administrator to execute the attached seven-year lease purchase agreement, once approved by the County Attorney, with a fixed interest rate of 1.6918 percent with Banc of America Public Capital Corporation, adopt the Form of Authorizing Resolution associated with the agreement and appropriate the associated funds for the financing of 100 school buses. Summary of Information: The Board of Supervisors and the School Board approved a bus replacement program with the adoption of the FY2016 budget which included a financed purchase of 100 buses (a total borrowing of $8.535 million) in order to replace the oldest buses in the fleet. Accordingly, staff solicited bids for a financing to purchase the buses and recommends approval of a contract with Banc of America Public Capital Corporation. Banc of America has extensive experience in providing lease/purchase financing to government entities and has offered the most competitive rate. Additionally, they have demonstrated the knowledge, experience, qualifications and ability to provide the required financing. The financing lease term is 84 months with a rate of 1.6918 percent with total principal and interest' payments of approximately $1.298 million annually. The proposed agreement is within the budgeted parameters (term and annual payments) embedded in the adopted financial plan. Staff recommends approval. Preparer: Allan M. Carmody Title: Director, Budget and Management Attachments: 0 Yes ❑ No # MASTER EQUIPMENT LEASE/PURCHASE AGREEMENT This Master Equipment Lease/Purchase Agreement (the "Agreement") dated as of September 24, 2015, and entered into by and between Banc of America Public Capital Corp, a Kansas corporation ( "Lessor "), and County of Chesterfield, Virginia, a political subdivision existing under the laws of the Commonwealth of Virginia ( "Lessee "). WITNESSETH: WHEREAS, Lessee desires to lease, purchase and acquire from Lessor certain Equipment described in each Schedule (as each such term is defined herein), subject to the terms and conditions of and for the purposes set forth in each Lease; and WHEREAS, the relationship between the parties shall be a continuing one and items of equipment and other personal property may be financed pursuant to one or more Leases entered into from time to time in accordance with this Agreement by execution and delivery of additional Schedules by the parties hereto, subject to the terms and conditions provided herein; and WHEREAS, Lessee is authorized under the constitution and laws of the State to enter into this Agreement and each Schedule for the purposes set forth herein and therein; Now, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, and in consideration of the premises hereinafter contained, the parties hereby agree as follows: ARTICLE I Section 1.01. Definitions. The following terms will have the meanings indicated below unless the context clearly requires otherwise: "Acquisition Amount" means, with respect to each Lease, the amount specified in the related Schedule and represented by Lessee to be sufficient, together with other funds (if any) that are legally available for the purpose, to acquire and install the Equipment listed in such Lease. "Acquisition Period" means, with respect to each Lease for which an Escrow Fund is established, that period identified in the related Schedule during which the Lease Proceeds attributable to such Lease may be expended on Equipment Costs pursuant to the related Escrow Agreement. "Agreement" means this Master Equipment Lease/Purchase Agreement, including the exhibits hereto, together with any amendments and modifications to the Agreement pursuant to Section 13.04. Standard MELPA BAPCC 415 ChesterField County Bus Lease Agreement.doc 2210342 "Code" means the Internal Revenue Code of 1986, as amended. Each reference to a Section of the Code in this Agreement and a Lease shall be deemed to include the United States Treasury Regulations proposed or in effect thereunder. "Commencement Date " means, for each Lease, the date when Lessee's obligation to pay rent commences under such Lease, which date shall be the earlier of (a) the date on which the Equipment listed in such Lease is accepted by Lessee in the manner described in Section 5.01, and (b) the date on which sufficient moneys to acquire and install the Equipment listed in such Lease are deposited for that purpose in an Escrow Fund. "Contract Rate " means, with respect to each Lease, the rate identified as such in the related Schedule. . "Equipment" means, with respect to each Lease, the property listed in the related Schedule and all replacements, repairs, restorations, modifications and improvements thereof or thereto made pursuant to Section 8.01 or Article V. Whenever reference is made in this Agreement to Equipment listed in a Lease, such reference shall be deemed to include all such replacements, repairs, restorations, modifications and improvements of or to such Equipment. "Equipment Costs" means, with respect to each Lease, the total cost of the Equipment listed in the related Schedule, including related soft costs such as freight, installation and taxes and other capitalizable costs, legal fees, financing costs and other costs necessary to vest full, clear legal title to the Equipment in Lessee, subject to the security interest granted to and retained by Lessor as set forth in each Lease, and other costs incurred in connection with the financing provided by the lease -purchase of the Equipment as provided in the related Lease; provided that (a) any such soft costs on a cumulative basis shall not exceed a percentage approved by Lessor of the total cost of the Equipment subject to such Lease and (b) in no event shall capitalizable delivery costs, installation charges, taxes and similar capitalizable soft costs relating to such Equipment be included without Lessor's prior consent. "Escrow Agreement" means, with respect to each Lease for which an Escrow Fund is established, an Escrow and Account Control Agreement in form and substance acceptable to and executed by Lessee, Lessor and the Escrow Agent, pursuant to which an Escrow Fund is established and administered. "Escrow Agent" means, with respect to each Lease for which an Escrow Fund is established, the Escrow Agent identified in the related Escrow Agreement, and its successors and assigns. "Escrow Fund" means, with respect to any Lease, the fund established and held by the Escrow Agent pursuant to the related Escrow Agreement. "Event of Default" means an Event of Default described in Section 12.01. -2- Standard MELPA BAPCC 415 ChesterField County Bus Lease Agreement.doc 2210342 "Event of Non -appropriation" means, with respect to a Lease, the failure of Lessee's governing body to appropriate or'otherwise make available funds to pay Rental Payments under such Lease following the Original Term or then current Renewal Term sufficient for the continued performance of such Lease by Lessee. "Lease" means a Schedule and the terms and provisions of this Agreement which are incorporated by reference into such Schedule. "Lease Proceeds" means, with respect to each Lease for which an Escrow Fund is established, the total amount of money to be paid by Lessor to the Escrow Agent for deposit and application in accordance with such Lease and the related Escrow Agreement. "Lease Term" means, with respect to each Lease, the Original Term and all Renewal Terms provided in the related Schedule. "Lessee " means the entity referred to as Lessee in the first paragraph of this Agreement. "Lessor" means (a) the entity referred to as Lessor in the first paragraph of this Agreement or (b) any assignee or transferee of any right, title or interest of Lessor in and to the Equipment under a Lease or any Lease (including Rental Payments and other amounts due thereunder) and any related Escrow Fund pursuant to Section 11.0 1, but does not include any entity solely by reason of that entity retaining or assuming any obligation of Lessor to perform under a Lease. "Material Adverse Change" means (a) any change in Lessee's creditworthiness that could have a material adverse effect on (i) the financial condition or operations of Lessee, or (ii) Lessee's ability to perform its obligations under this Agreement or any Lease or (b) a downgrade in Lessee's external debt rating from the date of this Agreement of two or more subgrades by either Moody's Investors Service, Inc, or Standard & Poor's Ratings Group or any equivalent successor credit rating agency, or any downgrade by either such agency that would cause Lessee's credit rating to be below investment grade, or, if any such rating agency no longer publishes such ratings at the date of determination, any other nationally recognized statistical rating organization that is selected by Lessee for purposes of such long-term general obligation bond ratings and long-term general fund related bond ratings. "Original Term " means, with respect to each Lease, the period from the Commencement Date identified in the related Schedule until the end of the fiscal year of Lessee in effect at such Commencement Date. "Payment Schedule" means, with respect to each Lease, the Rental Payment Schedule attached to and made a part of the related Schedule and substantially in the form of Exhibit B attached to this Agreement. -3- Standard MELPA BAPCC 415 ChesterField County Bus Lease Agreement.doc 2210342 "Prepayment Price " means, with respect to each Lease, the amount that Lessee shall pay to Lessor to prepay its obligations under such Lease as provided in Section 10.01 hereof. "Renewal Terms" means, with respect to each Lease, the consecutive renewal terms of such Lease as specified in the related Schedule, the first of which commences immediately after the end of the Original Term and each having a duration of one year and a term coextensive with each successive Lessee's fiscal year; provided that the final such renewal term shall commence on the first day of the last fiscal year and end on the first business day after the last scheduled Rental Payment Date. "Rental Payment Date " means, with respect to each Lease, each date on which Lessee is required to make a Rental Payment under such Lease as specified in the related Payment Schedule. "Rental Payments" means, with respect to each Lease, the basic rental payments payable by Lessee on the Rental Payment Dates and in the amounts as specified in the related Payment Schedule, consisting of a principal component and an interest component, and in all cases sufficient to repay the principal component under such Lease and interest thereon at the applicable Contract Rate (or Taxable Rate if then in effect). "Schedule " means each separately numbered Schedule of Property, substantially in the form of Exhibit,4 hereto, together with the related Payment Schedule and any Riders attached to such Schedule of Property. "State " means the Commonwealth of Virginia. "Taxable Rate " means, with respect to each Lease, the rate identified as such in the related Schedule. "Vendor" means the manufacturer or supplier of the Equipment listed in a Schedule or any other person as well as the agents or dealers of the manufacturer, installer or supplier with whom Lessor arranged Lessee's acquisition, installation and financing of the Equipment pursuant to the applicable Lease. ARTICLE II Section 2.01. Representations and Covenants of Lessee. Lessee represents, covenants and warrants for the benefit of Lessor on the date hereof and as of the Commencement Date of each Lease as follows: (a) Lessee is a political subdivision of the State within the meaning of Section 103(c) of the Code, duly organized and existing under the constitution and laws of the State, with full power and authority to enter into this Agreement, each Lease, each -4- Standard MELPA BAPCC 415 ChesterField County Bus Lease Agreement.doc 2210342 Escrow Agreement and the transactions contemplated hereby and thereby and to perform all of its obligations hereunder and under each Lease and each Escrow Agreement. (b) Lessee has duly authorized the execution and delivery of this Agreement and each Lease and related Escrow Agreement by proper action of its governing body at a meeting duly called, regularly convened and attended throughout by the requisite quorum of the members thereof, or by other appropriate official approval, and all requirements have been met and procedures have occurred in order to ensure the validity and enforceability of this Agreement and each Lease and related Escrow Agreement. (c) No event or condition that constitutes, or with the giving of notice or the lapse of time or both would constitute, an Event of Default exists at the date hereof. No Event of Non -appropriation has occurred or is threatened with respect to any Lease. (d) Lessee will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a county of the State. (e) Lessee has complied with such public bidding requirements as may be applicable to this Agreement and each Lease and the acquisition and installation by Lessee of the Equipment as provided in each Lease. (f) During the Lease Term under each Lease, the Equipment will be used by Lessee only for the purpose of performing essential governmental or proprietary functions of Lessee consistent with the permissible scope of Lessee's authority. Lessee does not intend to sell or otherwise dispose of the Equipment or any interest therein prior to the last Rental Payment (including all Renewal Terms) scheduled to be paid under the related Lease. (g) Lessee has kept, and throughout the Lease Term of each Lease shall keep, its books and records in accordance with generally accepted accounting principles and practices consistently applied, and shall deliver to Lessor (i) annual audited financial statements (including (1) a balance sheet, (2) statement of revenues, expenses and changes in fund balances for budget and actual, (3) statement of cash flows, and (4) footnotes, schedules and attachments to the financial statements) within [210] 1 days after the end of its fiscal year, (ii) such other financial statements and information as Lessor may reasonably request, and (iii) upon Lessor's request, its annual budget for any prior or current fiscal year or for the following fiscal year when approved but not later than 30 days prior to the end of its current fiscal year. The financial statements described in subsection (g)(i) shall be accompanied by an unqualified opinion of Lessee's auditor. Credit information relating to Lessee may be disseminated among Lessor and any of its affiliates and any of their respective successors and assigns. 1 Note to draft: this may be extended at the request of Lessee up to 270 days without any further credit approval -5- Standard MELPA BAPCC 415 ChesterField County Bus Lease Agreement.doc 2210342 (h) Lessee has an immediate need for the Equipment listed on each Schedule and expects to make immediate use of the Equipment listed on each Schedule. Lessee's need for the Equipment is not temporary and Lessee does not expect the need for any item of the Equipment to diminish during the related Lease Term. (i) The payment of the Rental Payments or any portion thereof is not (under the terms of any Lease or any underlying arrangement) directly or indirectly (x) secured by any interest in property used or to be used in any activity carried on by any person other than a state or local governmental unit or payments in respect of such property; or (y) on a present value basis, derived from payments (whether or not to Lessee) in respect of property, or borrowed money, used or to be used in any activity carried on by any person other than a state or local governmental unit. The Equipment will not be used, directly or indirectly, in any activity carried on by any person other than a state or local governmental unit. No portion of the Acquisition Amount relating to any Lease will be used, directly or indirectly, to make or finance loans to any person other than Lessee. Lessee has not entered into any management or other service contract with respect to the use and operation oftheEquipment. 0) There is no pending litigation, tax claim, proceeding or dispute that may adversely affect Lessee's financial condition or impairs its ability to perform its obligations under this Agreement, any Lease or any Escrow Agreement. Lessee will, at its expense, maintain its legal existence and do any further act and execute, acknowledge, deliver, file, register and record any further documents Lessor may reasonably request in order to protect Lessor's security interest in the Equipment and the Escrow Fund and Lessor's rights and benefits under each Lease and related Escrow Agreement. (k) No lease, rental agreement, lease -purchase agreement, payment agreement or contract for purchase to which Lessee has been a party at any time has been terminated by Lessee as a result of insufficient funds being appropriated in any fiscal year. No event has occurred which would constitute an event of default under any debt, revenue bond or obligation which Lessee has issued during the past ten (10) years. ARTICLE III Section 3.01. Lease of Equipment. Subject to the terms and conditions of this Agreement, Lessor agrees to provide the funds specified in each Lease to be provided by it for Lessee to acquire the Equipment described in the related Schedule. Upon the execution and delivery of each Lease, Lessor leases, sells and transfers to Lessee, and Lessee acquires, purchases and leases from Lessor, the Equipment as set forth in such Lease and in accordance with the terms thereof. The Lease Term for each Lease may be continued, solely at the option of Lessee, at the end of the Original Term or any Renewal Term for the next succeeding Renewal Term up to the maximum Lease Term set forth in such Lease. At the end of the Original Term and at the end of each Renewal Term until the maximum Lease Term has been completed, Lessee shall be deemed to have exercised its option to continue each Lease for the next Renewal Term unless Lessee -6- Standard MELPA BAPCC 415 ChesterField County Bus Lease Agreement.doc 2210342 shall have terminated such Lease pursuant to Section 3.03 or Section 10.01. The terms and conditions during any Renewal Term shall be the same as the terms and conditions during the Original Term, except that the Rental Payments shall be as provided in the applicable Lease. Each Schedule signed and delivered by Lessor and Lessee pursuant to this Agreement shall constitute a separate and independent lease and installment purchase of the Equipment therein described. Section 3.02. Continuation of Lease Term. Lessee intends, subject to Section 3.03, to continue the Lease Term of each Lease through the Original Term and all Renewal Terms and to pay the Rental Payments thereunder. Lessee affirms that sufficient funds are legally available for the current fiscal year, and Lessee reasonably believes that an amount sufficient to make all Rental Payments during the entire Lease Term of each Lease can be obtained from legally available funds of Lessee. Lessee further intends to do all things lawfully within its power to obtain and maintain funds sufficient and available to discharge its obligation to make Rental Payments due under each Lease, including making provision for such payments to the extent necessary in each budget or appropriation request submitted and adopted in accordance with applicable provisions of law. Section 3.03. Nonappropriation. Lessee is obligated only to pay such Rental Payments under each Lease as may lawfully be made during Lessee's then current fiscal year from funds budgeted and appropriated for that purpose. Should Lessee fail to budget, appropriate or otherwise make available funds to pay Rental Payments under any Lease following the then current Original Term or Renewal Term, such Lease or Leases shall be deemed terminated at the end of the then current Original Term or Renewal Term thereunder. Lessee agrees to deliver notice to Lessor of such termination promptly after any decision to non -appropriate is made, but failure to give such notice shall not extend the term beyond such Original Term or Renewal Term. If any Lease is terminated in accordance with this Section, Lessee agrees to cease use of the Equipment thereunder and peaceably remove and deliver to Lessor, at Lessee's sole expense (from legally available funds), such Equipment at the location(s) to be specified by Lessor; provided, that Lessee shall pay month-to-month rent at the Contract Rate (or the Taxable Rate if then in effect) set forth in the affected Lease for each month or part thereof that Lessee fails to return the Equipment thereunder pursuant to this Section 3.03. Section 3.04. Conditions to Lessor's Performance. (a) As a prerequisite to the performance by Lessor of any of its obligations pursuant to any Lease, Lessee shall deliver to Lessor, in form and substance satisfactory to Lessor, the following: (i) A fully completed Schedule, executed by Lessee; (ii) If an Escrow Fund is to be established with respect to such Lease, an Escrow Agreement substantially in the form set forth in Exhibit I hereto, executed by Lessee and the Escrow Agent; -7- Standard MELPA BAPCC 415 ChesterField County Bus Lease Agreement.doc 2210342 (iii) A Certificate completed and executed by the Clerk or Secretary or other comparable officer of Lessee, in substantially the form attached hereto as Exhibit C-1; (iv) A copy, certified as full, true and correct by the Clerk or Secretary or other comparable officer of Lessee, of a resolution, ordinance or other official action of Lessee's governing body, in substantially the form attached hereto as Exhibit C-2, authorizing the execution and delivery of this Agreement and each Lease and related Escrow Agreement entered into pursuant hereto and performance by Lessee of its obligations under each Lease and related Escrow Agreement entered into pursuant hereto; (v) An opinion of counsel to Lessee, in substantially the form attached hereto as Exhibit D, respecting this Agreement and each Lease and Escrow Agreement entered into pursuant hereto; (vi) Evidence of insurance as required by Section 7.02 hereof; (vii) All documents, including financing statements, affidavits, notices and similar instruments, which Lessor deems necessary or appropriate at that time pursuant to Section 6.02; (viii) If_ Lessee has designated the Lease then being entered into as a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Code, a certificate in substantially the form attached hereto as Exhibit G executed by an authorized official of Lessee; (ix) A copy of the Form 8038-G/GC with respect to the Lease then being entered into, fully completed and executed by Lessee; (x) In the event that Lessee is to be reimbursed for expenditures that it has paid more than sixty days prior to the Commencement Date for the Lease then being entered into, evidence of the adoption of a reimbursement resolution or other official action covering the reimbursement from tax exempt proceeds of expenditures incurred not more than 60 days prior to the date of such resolution; (xi) If any items of Equipment are motor vehicles, properly completed certificates of title or certificates of origin (or applications therefor) for such vehicles and noting Lessor's interest thereon; (xii) A waiver or waivers of interest in the Equipment from any mortgagee or any other parry having an interest in the real estate on which the Equipment will be located and/or landlord of the real estate on which the Equipment will be located; -8- Standard MELPA BAPCC 415 ChesterField County Bus Lease Agreement.doc 2210342 (xiii) Original invoices (and proofs of payment of such invoices, if Lessee seeks reimbursement) and bills of sale (if title to Equipment has passed to Lessee), to the extent required by Section 5.01(b); (xiv) Wire instructions for payments to be made to Vendors and Form W-9 from each such Vendor; and (xv) Such other items, if any, as are set forth in the related Schedule or are reasonably required by Lessor. (b) In addition to satisfaction of the conditions set forth in subsection (a) of this Section 3.04, the performance by Lessor of any of its obligations pursuant to any Lease and the related Escrow Agreement shall be subject to: (i) no Material Adverse Change shall have occurred since the dated date of this Agreement, (ii) no Event of Default shall have occurred and then be continuing under any Lease then in effect, (iii) no Event of Non -appropriation under any Lease then in effect shall be threatened and (iv) no Lease shall have been terminated as the result of the occurrence of an Event of Default or an Event of Non -appropriation. (c) Subject to satisfaction of the foregoing, (i) Lessor will pay the Acquisition Amount for Equipment described in a Schedule to the Vendor or reimburse Lessee for its prior expenditures with respect to such Equipment (subject to satisfaction of Section 3.04(a)(x) hereof), upon receipt of the documents described in Sections 5.01(a) and (b); or (ii) if an Escrow Fund is being established with respect to the related Lease, Lessor will deposit the Lease Proceeds for Equipment described in the applicable Schedule with the Escrow Agent as provided in the related Escrow Agreement. (d) This Agreement is not a commitment by Lessor or Lessee to enter into any Lease not currently in existence, and nothing in this Agreement shall be construed to impose any obligation upon Lessor or Lessee to enter into any proposed Lease, it being understood that whether Lessor or Lessee enters into any proposed Lease shall be a decision solely within their respective discretion. (e) Lessee will cooperate with Lessor in Lessor's review of any proposed Lease. Without limiting the foregoing, Lessee will provide Lessor with any documentation or information Lessor may request in connection with Lessor's review of any proposed Lease. Such documentation may include, without limitation, documentation concerning the Equipment and its contemplated use and location and documentation or information concerning the financial status of Lessee and other matters related to Lessee. (f) In the event of any conflict in terms between a Schedule and this Agreement, the terms of the Schedule shall control in the interpretation of the Lease created thereby. -9- Standard MELPA BAPCC 415 ChesterField County Bus Lease Agreement.doc 2210342 ARTICLE IV Section 4.01. Rental Payments. Subject to Section 3.03, Lessee shall promptly pay Rental Payments, in lawful money of the United States of America, to Lessor on the Rental Payment Dates and in such amounts as provided in each Lease. If any Rental Payment or other amount payable hereunder is not paid within 10 days of its due date, Lessee shall pay an administrative late charge of 5% of the amount not timely paid or the maximum amount permitted by law, whichever is less. Lessee shall not permit the federal government to guarantee any Rental Payments under any Lease. Rental Payments consist of principal and interest components as more fully detailed on the Schedule for each Lease, the interest on which begins to accrue as of the Commencement Date for each such Lease. Section 4.02. Interest and Principal Components. A portion of each Rental Payment is paid as, and represents payment of, interest, and the balance of each Rental Payment is paid as, and represents payment of, principal. Each Lease shall set forth the principal and interest components of each Rental Payment payable thereunder during the applicable Lease Term. Section 4.03. Rental Payments to Constitute a Current Expense of Lessee. Lessor and Lessee understand and intend that the obligation of Lessee to pay Rental Payments under each Lease shall constitute a current expense of Lessee payable solely from its general fund or other funds that are legally available for that purpose and shall not in any way be construed to be a debt of Lessee in contravention of any applicable constitutional or statutory limitation or requirement concerning the creation of indebtedness by Lessee, nor shall anything contained in this Agreement or in any Lease constitute a pledge of the general tax revenues, funds or moneys of Lessee. Section 4.04. Rental Payments to be Unconditional. Except as provided in Section 3.03, the obligations of Lessee to make Rental Payments and to perform and observe the other covenants and agreements contained in each Lease shall be absolute and unconditional in all events without abatement, diminution, deduction, set-off or defense, for any reason, including without limitation any failure of the Equipment, any defects, malfunctions, breakdowns or infirmities in the Equipment, disputes with the Vendor of any Equipment or Lessor, any accident, condemnation or unforeseen circumstances or failure of any Vendor to deliver any Equipment or otherwise perform any of its obligations. Section 4.05 Tax Covenants. Lessee agrees that it will not take any action that would cause the interest component of Rental Payments to be or to become ineligible for the exclusion from gross income of the owner or owners thereof for federal income tax purposes, nor will it omit to take or cause to be taken, in a timely manner, any action, which omission would cause the interest component of Rental Payments to be or to become ineligible for the exclusion from gross income of the owner or owners thereof for federal income tax purposes. In connection with the foregoing, Lessee hereby agrees that (a) so long as any Rental Payments under a Lease remain unpaid, moneys on deposit in the Escrow Fund under any Escrow Agreement related to such Lease shall not be used in a manner that will cause such Lease to be classified as an -10- Standard MELPA BAPCC 415 ChesterField County Bus Lease Agreement.doc 2210342 "arbitrage bond" within the meaning of Section 148(a) of the Code; and (b) Lessee shall rebate, from funds legally available for the purpose, an amount equal to excess earnings on the Escrow Fund under any Escrow Agreement to the federal government if required by, and in accordance with, Section 148(f) of the Code, and make the determinations and maintain the records required by the Code. Section 4.06. Event of Taxability. Upon the occurrence of an Event of Taxability with respect to a Lease, the interest component of Rental Payments under such Lease and any charge on Rental Payments or other amounts payable based on the Contract Rate shall have accrued and be payable at the Taxable Rate applicable to such Lease retroactive to the date as of which the interest component is determined by the Internal Revenue Service to be includible in the gross income of the owner or owners thereof for federal income tax purposes, and Lessee will pay such additional amount as will result in the owner receiving the interest component at the Taxable Rate identified in the related Lease. For purposes of this Section, "Event of Taxability" means the circumstance of the interest component of any Rental Payment paid or payable pursuant to a Lease becoming includible for federal income tax purposes in an owner's gross income as a consequence of any act, omission or event whatsoever, including but not limited to the matters described in the immediately succeeding sentence, and regardless of whether the same was within or beyond the control of Lessee. An Event of Taxability shall be presumed to have occurred upon (a) the receipt by Lessor or Lessee of an original or a copy of an Internal Revenue Service Technical Advice Memorandum or Statutory Notice of Deficiency or other written correspondence which legally holds that the interest component of any Rental Payment under such Lease is includable in the gross income of the owner thereof; (b) the issuance of any public or private ruling of the Internal Revenue Service that the interest component of any Rental Payment under such Lease is includable in the gross income of the owner thereof; or (c) receipt by Lessor or Lessee of a written opinion of a nationally recognized firm of attorneys experienced in matters pertaining to the tax-exempt status of interest on obligations issued by states and their political subdivisions, selected by Lessor and acceptable to Lessee, to the effect that the interest component of any Rental Payment under a Lease has become includable in the gross income of the owner thereof for federal income tax purposes. For all purposes of this definition, an Event of Taxability shall be deemed to occur on the date as of which the interest component of any Rental Payment is deemed includable in the gross income of the owner thereof for federal income tax purposes. Section 4.07. Mandatory Prepayment. If Lease Proceeds are deposited into an Escrow Fund, any funds not applied to Equipment Costs and remaining in such Escrow Fund on the earlier of (a) the expiration of the applicable Acquisition Period and (b) the date on which Lessee delivers to the Escrow Agent the executed Disbursement Request to effect the final disbursement to pay (or reimburse) Equipment Costs from such Escrow Fund shall be applied by Lessor on each successive Rental Payment Date thereafter to pay all or a portion of the Rental Payment due and owing in the succeeding twelve (12) months and any remaining amounts shall be applied by Lessor as prepayment to the unpaid principal balance of Rental Payments owing under the related Lease in the inverse order of the Rental Payment Dates. -11- Standard MELPA BAPCC 415 ChesterField County Bus Lease Agreement.doc 2210342 ARTICLE V Section 5.01. Acquisition, Delivery Installation and Acceptance of Equipment. (a) With respect to each Lease, Lessee shall order the Equipment to be acquired and financed thereunder, cause the Equipment to be delivered and installed at the location specified in such Lease and pay any and all delivery and installation costs and other Equipment Costs in connection therewith. When the Equipment listed in a Lease has been delivered and installed, Lessee shall promptly accept such Equipment and evidence said acceptance by executing and delivering to Lessor a Final Acceptance Certificate in the form attached hereto as Exhibit E;, provided, however, that if an Escrow Fund has been established with respect to such Lease as provided in Section 3.04 hereof, Lessee shall deliver Disbursement Requests to the Escrow Agent pursuant to the related Escrow Agreement for the purpose of effecting disbursements from the Escrow Fund to pay (or reimburse) Equipment Costs for the Equipment acquired and pursuant to such Lease. (b) Lessee shall deliver to Lessor, or to an Escrow Agent if an Escrow Fund has been established with respect to the related Lease, original invoices (and proof of payment of such invoices if Lessee seeks reimbursement for prior expenditures) and bills of sale (if title to such Equipment has passed to Lessee) relating to each item of Equipment accepted by Lessee. With respect to Equipment not purchased through an Escrow Fund, Lessor shall, upon receipt of the Final Acceptance Certificate from Lessee, prepare a Schedule of Property and Rental Payment Schedule in the forms attached hereto as Exhibits A and B, respectively. Lessee shall execute and deliver to .Lessor such Schedule of Property and Rental Payment Schedule as a Schedule pursuant to Section 3.04(a)(i) within 5 business days of receipt, subject to satisfaction of the conditions set forth in Section 3.04. Section 5.02. Quiet Enjoyment of Equipment. So long as Lessee is not in default under the related Lease, neither Lessor nor any entity, claiming by, through or under Lessor, shall interfere with Lessee's quiet use and enjoyment of the Equipment during the Lease Term under such Lease. Section 5.03. Location; Inspection. Once installed, no item of the Equipment will be moved or relocated from the location (or the base location with respect to motor vehicles) specified for it in the related Lease without Lessor's prior written consent, which consent shall not be unreasonably withheld. Lessor shall have the right at all reasonable times during regular business hours to enter into and upon the property where the Equipment is located for the purpose of inspecting the Equipment. Section 5.04. Use and Maintenance of the Equipment. Lessee will not install, use, operate or maintain the Equipment (or cause the Equipment to .be installed, used, operated or maintained) improperly, carelessly, in violation of any applicable law or in a manner contrary to that contemplated by the related Lease. Lessee shall provide all permits and licenses, if any, necessary for the installation and operation of the Equipment. In addition, Lessee agrees to comply in all respects with all applicable laws, regulations and rulings of any legislative, executive, administrative or judicial body, including, without limitation, all anti -money laundering -12- Standard MELPA BAPCC 415 ChesterField County Bus Lease Agreement.doe 2210342 laws and regulations; provided that Lessee may contest in good faith the validity or application of any such law, regulation or ruling in any reasonable manner that does not, in the opinion of Lessor, adversely affect the interest of Lessor in and to the Equipment or its interest or rights under the related Lease. Lessee agrees that it will maintain, preserve and keep the Equipment in good repair and working order, in a condition comparable to that recommended by the manufacturer. Lessor shall have no responsibility to maintain, repair or make improvements or additions to the Equipment. In all cases, Lessee agrees to pay any costs necessary for the manufacturer to re -certify the Equipment as eligible for manufacturer's maintenance upon the return of the Equipment to Lessor as provided for herein. Lessee shall not alter any item of Equipment or install any accessory, equipment or device on an item of Equipment if that would impair any applicable warranty, the originally intended function or the value of that Equipment. All repairs, parts, accessories, equipment and devices furnished, affixed to or installed on any Equipment, excluding temporary replacements, shall thereupon become subject to the security interest of Lessor. ARTICLE VI Section 6.01. Title to the Equipment. During the Lease Term under each Lease, and so long as Lessee is not in default under Article XII hereof, all right, title and interest in and to each item of the Equipment under the related Lease shall be vested in Lessee immediately upon its acceptance of each item of Equipment, subject to the terms and conditions of the applicable Lease. Lessee shall at all times protect and defend, at its own cost and expense, its title in and to the Equipment from and against all claims, liens and legal processes of its creditors, and keep all Equipment free and clear of all such claims, liens and processes. Upon the occurrence of an Event of Default under a Lease or upon termination of a Lease pursuant to Section 3.03 hereof, full and unencumbered legal title to the Equipment shall, at Lessor's option, pass to Lessor, and Lessee shall have no further interest therein. In addition, upon the occurrence of such an Event. of Default or such termination, Lessee shall execute and deliver to Lessor such documents as Lessor may request to evidence the passage of such legal title to Lessor and the termination of Lessee's interest therein, and,upon request by Lessor shall deliver possession of the Equipment to Lessor in accordance with Section 3.03 or 12.02, as applicable. Upon payment of all amounts due and owing under a Lease in accordance with Section 10.01 (including upon payment of all Rental Payments and other amounts payable under such Lease), Lessor's security interest or other interest in the Equipment under such Lease shall terminate, and Lessor shall execute and deliver to Lessee such documents'as Lessee may request to evidence the termination of Lessor's security interest in the Equipment subject to the related Lease. Section 6.02. Security Interest. As additional security for the payment and performance of all of Lessee's obligations under each Lease, upon the execution of such Lease, Lessee grants to Lessor a first priority security interest constituting a first lien on (a) the Equipment subject to such Lease, (b) moneys and investments held from time to time in any related Escrow Fund and -13- Standard MELPA BAPCC 415 ChesterField County Bus Lease Agreement.doc 2210342 (c) any and all proceeds of any of the foregoing. Upon the execution of each Lease, Lessee authorizes Lessor to file (and Lessee agrees to execute, if applicable) such notices of assignment, chattel mortgages, financing statements and other documents, in form satisfactory to Lessor, which Lessor deems necessary or appropriate to establish and maintain Lessor's security interest in the Equipment subject to such Lease, any related Escrow Fund and the proceeds thereof, including, without limitation, such financing statements with respect to personal property and fixtures under Article 9 of the Uniform Commercial Code in effect in the State and treating such Article 9 as applicable to entities such as Lessee. Section 6.03. Personal Property; No Encumbrances. Lessee agrees that the Equipment is deemed to be and will remain personal property and will not be deemed to be affixed to or a part of the real estate on which it may be situated, notwithstanding that the Equipment or any part thereof may be or hereafter become in any manner physically affixed or attached to real estate or any building thereon. Lessee shall not create, incur, assume or permit to exist any mortgage, pledge, lien, security interest, charge or other encumbrance of any nature whatsoever on any of the real estate where. the Equipment under a Lease is or will be located or enter into any agreement to sell or assign or enter into any sale/leaseback arrangement of such real estate without the prior written consent of Lessor; provided, that if Lessor is furnished with a waiver of interest in the Equipment under such Lease acceptable to Lessor in its discretion from any party taking an interest in any such real estate prior to such interest taking effect, such consent shall not be unreasonably withheld. ARTICLE VII Section 7.01. Liens, Taxes, Other Governmental Charges and Utility Charges. Lessee shall keep the Equipment under each Lease free of all levies, liens, and encumbrances except those created by such Lease. The parties to this Agreement contemplate that the Equipment under each Lease will be used for a governmental or proprietary purpose of Lessee and that the Equipment will therefore be exempt from all property taxes. If the use, possession or acquisition of any Equipment is nevertheless determined to be subject to taxation, Lessee shall pay when due all taxes and governmental charges lawfully assessed or levied against or with respect to such Equipment. Lessee shall pay all utility and other charges incurred in the use and maintenance of the Equipment. Lessee shall pay such taxes or charges as the same may become due; provided that, with respect to any such taxes or charges that may lawfully be paid in installments over a period of years, Lessee shall be obligated to pay only such installments as accrue during the Lease Term under the affected Lease. During the Lease Term under each Lease, Lessor will not claim ownership of the Equipment thereunder for the purposes of any tax credits, benefits or deductions with respect to such Equipment. Section 7.02. Insurance. Lessee shall, during the Lease Term under each Lease, maintain or cause to be maintained (a) casualty insurance naming Lessor and its assigns as loss payee and insuring the Equipment against loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the State, and any other risks reasonably required by Lessor, in an amount at least equal'to the greater of (i) the then applicable Prepayment Price -14- Standard MELPA BAPCC 415 ChesterField County Bus Lease Agreement.doc 2210342 under such Lease or (ii) the replacement cost of the Equipment under such Lease; (b) liability insurance naming Lessor and its assigns as additional insured that protects Lessor from liability with limits of at least $10,000,000 for bodily injury and property damage coverage, or such other minimum coverage amount as may be agreed upon between Lessor and Lessee in connection with the execution and delivery of a Lease, in all events under clauses (a) and (b) issued in form and amount satisfactory to Lessor and by an insurance company that is authorized to do business in the State and having a financial strength rating by A.M. Best Company of "A-" or better; and (c) worker's compensation coverage as required by the laws of the State. Notwithstanding the foregoing, Lessee may self -insure against the risks described in clauses (a) and/or (b) through a government pooling arrangement, self-funded loss reserves, risk retention program or other self-insurance program, in each case with Lessor's prior written consent (which Lessor may grant, withhold or deny in its sole discretion) and provided that Lessee has delivered to Lessor such information as Lessor may request with respect to the adequacy of such self-insurance to cover the risks proposed to be self-insured and otherwise in form and substance acceptable to Lessor. In the event Lessee is permitted, at Lessor's sole discretion, to self -insure as provided in this Section, Lessee shall provide to Lessor a self-insurance letter in substantially the form attached hereto as Exhibit F. Lessee shall furnish to Lessor evidence of such insurance or self-insurance coverage throughout the Lease Term under each Lease. Lessee shall not cancel or modify such insurance or self-insurance coverage in any way that would affect the interests of Lessor without first giving written notice thereof to Lessor at least 30 days in advance of such cancellation or modification. Section 7.03. Risk of Loss. Whether or not covered by insurance or self-insurance, Lessee hereby assumes all risk of loss of, or damage to and liability related to injury or damage to any persons or property arising from the Equipment under any Lease from any cause whatsoever, and no such loss of or damage to or liability arising from the Equipment under any Lease ' shall relieve Lessee of the obligation to make the Rental Payments or to perform any other obligation under any Lease. Whether or not covered by insurance or self-insurance, Lessee hereby agrees to reimburse Lessor (to the fullest extent permitted by applicable law, but only from legally available funds) for any and all liabilities, obligations, losses, costs, claims, taxes or damages suffered or incurred by Lessor, regardless of the cause thereof and all expenses incurred in connection therewith (including, without limitation, counsel fees and expenses, and penalties connected therewith imposed on interest received) arising out of or as a result of (a) entering into of this Agreement or any Lease or any of the transactions contemplated hereby or thereby, (b) the ordering, acquisition, ownership, use, operation, condition, purchase, delivery, acceptance, rejection, storage or return of any item of the Equipment under any Lease, (c) any accident in connection with the operation, use, condition, possession, storage or return of any item of the Equipment under any Lease resulting in damage to property or injury to or death to any person, and/or (d) the breach of any covenant of Lessee under or in connection with this Agreement or any Lease or any material misrepresentation provided by Lessee under or in connection with this Agreement or any Lease. The provisions of) this paragraph shall continue in full force and effect notwithstanding the full payment of all obligations under any or all Leases or the termination of the Lease Term under any or all Leases for any reason. -15- Standard MELPA BAPCC 415 ChesterField County Bus Lease Agreement.doc 2210342 Section 7.04. Advances. In the event Lessee shall fail to keep the Equipment in good repair and working order or shall fail to maintain any insurance required by Section 7.02' hereof, Lessor may, but shall be under no obligation to, maintain and repair the Equipment or obtain and maintain any such insurance coverages, as the case may be, and pay the cost thereof. All amounts so advanced by Lessor shall constitute additional rent for the then current Original Term or Renewal Term under the affected Lease, and Lessee covenants and agrees to pay such amounts so advanced by Lessor with interest thereon from the due date until paid at a rate equal to the Contract Rate (or the Taxable Rate if then in effect) plus 5% per annum or the- maximum amount permitted by law, whichever is less. ARTICLE VIII Section 8.01. Damage, Destruction and Condemnation. If, prior to the termination of the Lease Term under the related Lease, (a) the Equipment or any portion thereof is destroyed, in whole or in part, or is damaged by fire or other casualty or (b) title to, or the temporary use of, the Equipment or any part thereof shall be taken under the exercise or threat of the power of eminent domain by any governmental body or by any person, firm or corporation acting pursuant to governmental authority, (i) Lessee and Lessor will cause the Net Proceeds of any insurance claim or condemnation award or sale under threat of condemnation to be applied to the prompt replacement, repair, restoration, modification or improvement of the Equipment or such part thereof and any balance of the Net Proceeds remaining after such work has been completed shall be paid to Lessee or (ii) Lessee shall exercise its option to prepay the obligations under the affected Lease in accordance with Section 10.01(b). If Lessee elects to replace any item of the Equipment (the "Replaced Equipment") pursuant to this Section, the replacement equipment (the "Replacement Equipment") shall be of new or of a quality type, utility and condition at least as good as the Replaced Equipment and shall be of equal or greater value than the Replaced Equipment. Lessee shall grant to Lessor a first priority security, interest in any such Replacement Equipment. Lessee shall represent, warrant and covenant to Lessor that each item of Replacement Equipment is free and clear of all claims, liens, security interests and encumbrances, excepting only those liens created by or through Lessor, and shall provide to Lessor any and all documents as Lessor may reasonably request in connection with the replacement, including, but not limited to, documentation in form and substance satisfactory to Lessor evidencing Lessor's security interest in the Replacement Equipment. Lessor and Lessee hereby acknowledge and agree that any Replacement Equipment acquired pursuant to this paragraph shall constitute "Equipment" for purposes of this Agreement and the related Lease. Lessee shall complete the documentation of Replacement Equipment on or before the next Rental Payment Date after the occurrence of a casualty event, or be required to exercise its option to prepay the obligations under the related Lease with respect to the damaged equipment in accordance with Section 10.01(b). For purposes of this Article, the term "Net Proceeds" shall mean the amount remaining from the gross proceeds of any insurance claim or condemnation award or sale under threat of -16- Standard MELPA BAPCC 415 ChesterField County Bus Lease Agreement.doc 2210342 condemnation after deducting all expenses, including attorneys' fees, incurred in the collection thereof. Section 8.02. Insufficiency of Net Proceeds. If the Net Proceeds are insufficient to pay in full the cost of any repair, restoration, modification or improvement referred to in Section 8.01, Lessee shall either (a) complete such replacement, repair, restoration, modification or improvement and pay any costs thereof in excess of the amount of the Net Proceeds, or (b) pay or cause to be paid to Lessor the amount of the then applicable Prepayment Price under the related Lease, and, upon such payment, the applicable Lease Term shall terminate and Lessor's security interest in the Equipment shall terminate as provided in Section 6.01 hereof. The amount of the Net Proceeds, if any, remaining after completing such repair, restoration, modification or improvement or after paying such Prepayment Price shall be retained by Lessee. If Lessee shall make any payments pursuant to this Section, Lessee shall not be entitled to any reimbursement therefor from Lessor nor shall Lessee be entitled to any diminution of the amounts payable under Article IV. ARTICLE IX Section 9.01. Disclaimer of Warranties. Lessor makes no warranty or representation, either express or implied, as to the value, design, condition, merchantability or fitness for particular purpose or fitness for use of any of the Equipment, or any other warranty or representation, express or implied, with respect thereto and, as to Lessor, Lessee's acquisition of the Equipment under each Lease shall be on an "as is" basis. In no event shall Lessor be liable for any incidental, indirect, special or consequential damage in connection with or arising out of this Agreement, any Lease, any Equipment or the existence, furnishing, functioning or Lessee's use of any item, product or service provided for in this Agreement or any Lease. Section 9.02. Vendor's Warranties. Lessor hereby irrevocably appoints Lessee its agent and attorney-in-fact during the Lease Term under each Lease, so long as Lessee shall not be in default under such Lease, to assert from time to time whatever claims and rights (including without limitation warranties) relating to the Equipment that Lessor may have against a Vendor. Lessee's sole remedy for the breach of such warranty, indemnification or representation shall be against the applicable Vendors of the Equipment and not against Lessor. Any such matter shall not have any effect whatsoever on the rights and obligations of Lessor with respect to any Lease, including the right to receive full and timely Rental Payments and other payments under each Lease. Lessee expressly acknowledges that Lessor makes, and has made, no representations or warranties whatsoever as to the existence or the availability of such warranties relating to the Equipment. -17- Standard MELPA BAPCC 415 ChesterField County Bus Lease Agreement.doc 2210342 ARTICLE X Section 10.01. Prepayment Option. Lessee shall have the option to prepay all, but not less than all, its obligations under a Lease, at the following times and upon the following terms: (a) From and after the date specified (if any) in the applicable Schedule (the "Prepayment Option Commencement Date"), on the Rental Payment Dates specified in the related Payment Schedule, upon not less than 30 days' prior written notice, and upon payment in full of the Rental Payments then due and all other amounts then owing under the related Lease plus the then applicable Prepayment Price, which may include a prepayment premium on the unpaid balance as set forth in such Payment Schedule; or (b) In the event of substantial damage to or destruction or condemnation of substantially all of the Equipment listed in a Lease, on the day specified in Lessee's notice to Lessor of its exercise of the prepayment option (which shall be the earlier of the next Rental Payment Date or 60 days after the casualty event) upon- payment in full to Lessor of the sum of (i) any Rental Payment then due under such Lease plus (ii) the then applicable Outstanding Balance plus (iii) all other amounts then owing hereunder or, in the event such prepayment occurs on a date other than a Rental Payment date, the sum of (x) the Outstanding Balance relating to the .Rental Payment immediately prior to the date of such prepayment plus (y) accrued interest on the Outstanding Balance relating to the Rental Payment immediately prior to the date of such prepayment plus (z) all other amounts then owing hereunder; or (c) Upon the expiration of the Lease Term under a Lease, upon payment in full of all Rental Payments then due and all other amounts then owing under such Lease to Lessor. After payment of the applicable Prepayment Price and all other amounts owing under a Lease, Lessor's security interests in and to the Equipment under such Lease will be terminated and Lessee will own such Equipment free and clear of Lessor's security interest in such Equipment. ARTICLE XI Section 11.01. Assignment by Lessor. (a) Lessor's right, title and interest in and to Rental Payments and any other amounts payable by Lessee under any and all of the Leases and the Escrow Agreement relating to any Lease and its security interest in the Equipment subject to the related Lease and in any related Escrow Fund, and all proceeds therefrom, may be assigned and reassigned by Lessor at any time, in whole or in part, to one or more assignees or subassignees without the necessity of obtaining the consent of Lessee; provided, that any such assignment, transfer or conveyance (i) shall be made only to investors each of whom Lessor reasonably believes is a "qualified institutional buyer" as defined in Rule 144A(a)(1) promulgated under the Securities Act of 1933, as amended, or an "accredited investor" as defined in Section 501(a)(1), -18- Standard MELPA BAPCC 415 ChesterField County Bus Lease Agreement.doc 2210342 (2), (3) or (7) of Regulation D promulgated under the Securities Act of 1933, as amended, and in either case is purchasing a Lease (or any interest therein) for its own account with no present intention to resell or distribute such Lease (or interest therein), subject to each investor's right at any time to dispose of the related Lease or any interest therein as it determines to be in its best interests, (ii) shall not result in more than 35 owners of Lessor's rights and interests under a Lease or the creation of any interest in a Lease in an aggregate principal component that is less than the lesser of $100,000 or the then aggregate unpaid principal component of such Lease and (iii) shall not require Lessee to make Rental Payments, send notices or otherwise deal with respect to matters arising under a Lease with or to more than one Lease Servicer (as such term is defined below), and any trust agreement, participation agreement or custodial agreement under which multiple ownership interests in a Lease are created shall provide the method by which the owners of such interests shall establish the rights and duties of a single entity, trustee, owner, servicer or other fiduciary or agent acting on behalf of all of the assignees (herein referred to as the "Lease Servicer") to act on their behalf with respect to the rights and interests of Lessor under the related Lease and Escrow Agreement, including with respect to the exercise of rights and remedies of Lessor on behalf of'such owners upon the occurrence of an Event of Default or an Event of Non -appropriation under the related Lease. Lessor and Lessee hereby acknowledge and agree that the restrictions and limitations on transfer as provided in this Section 11.01 shall apply to the first and subsequent assignees and sub -assignees of any of Lessor's right, title and interest in, to and under a Lease (or any interest therein). (b) Unless to an affiliate controlling, controlled by or under common control with Lessor, no assignment, transfer or conveyance permitted by this Section 11.01 shall be effective as against Lessee until Lessee shall have received a written notice of assignment that discloses the name and address of each such assignee; provided, that if such assignment is made to a bank or trust company as trustee or paying agent for owners of certificates of participation, participation interests, trust certificates or partnership interests with respect to the Rental Payments payable under a Lease, it shall thereafter be sufficient that Lessee receives notice of the name and address of the bank, trust company or other entity that acts as the Lease Servicer for such Lease. Notices of assignment provided pursuant to this Section 11.01(b) shall contain a confirmation of compliance with the transfer requirements imposed by Section 11.01(a) hereof. During the Lease Term under each Lease, Lessee shall keep, or cause to be kept, a complete and accurate record of all such assignments in form necessary to comply with Section 149 of the Code. Lessee shall retain all such notices as a register of all assignees and shall make all payments to the assignee or assignees or Lease Servicer last designated in such register. Lessee shall not have the right to and shall not assert against any assignee any claim, counterclaim or other right Lessee may have against Lessor or a Vendor. Assignments in part may include, without limitation, assignment of all of Lessor's security interest in and to the Equipment listed in a particular Lease and all rights in, to and under the Lease related to such Equipment and all of Lessor's security interest in and to the Escrow Fund, or all rights in, to and under the Escrow Agreement. The option granted in this Section may be separately exercised from time to time with respect to the Equipment listed in each Lease, but such option does not permit the assignment of less than all of Lessor's interests in the Equipment listed in a single Lease. -19- Standard MELPA BAPCC 415 ChesterField County Bus Lease Agreement.doc 2210342 (c) If Lessor notifies Lessee of its intent to assign a Lease, Lessee agrees that it shall execute and deliver to Lessor a Notice and Acknowledgement of Assignment with respect to such Lease, substantially in the form of Exhibit H attached to this Agreement, within five (5) business days after its receipt of such request. Section 11.02. Assignment and Subleasing by Lessee. None of Lessee's right, title and interest in, to and under any Lease or any portion of the Equipment, any Escrow Agreement or the Escrow Fund relating thereto may be assigned, encumbered or subleased by Lessee for any reason, and any purported assignment, encumbrance or sublease without Lessor's prior written consent shall be null and void. ARTICLE XII Section 12.01. Events of Default Defined. Any of the following events shall constitute an "Event of Default" under a Lease: (a) Failure by Lessee to (i) pay any Rental Payment or other payment required to be paid under any Lease within 10 days of the date when due as specified therein or (ii) maintain insurance as required under such Lease (including Section 7.02 incorporated therein); (b) Failure by Lessee to observe and perform any covenant, condition or agreement contained in this Agreement or such Lease on its part to be observed or performed, other than as referred to in subparagraph (a) above, for a period of 30 days after written notice specifying such failure and requesting that it be remedied is given to Lessee by Lessor, unless Lessor shall agree in writing to an extension of such time prior to its expiration; provided that, if the failure stated in the notice cannot be corrected within the applicable period, Lessor will not unreasonably withhold its consent to an extension of such time if corrective action is instituted by Lessee within the applicable period and diligently pursued until the default is corrected; (c) Any statement, representation or warranty made by Lessee in or pursuant to any Lease or its execution, delivery or performance shall prove to have been false, incorrect, misleading or breached in any material respect on the date when made; (d) Any default occurs under any other agreement for borrowing money, lease financing of property or otherwise receiving credit under which Lessee is an obligor, if such default (i) arises under any other agreement for borrowing money, lease financing of property or provision of credit provided by Lessor or any affiliate of Lessor (including, without limitation, the occurrence of any event of default under any other Lease), or (ii) arises under any obligation under which there is outstanding, owing or committed an aggregate amount in excess of $100,000; -20- Standard MELPA BAPCC 415 ChesterField County Bus Lease Agreement.doc 2210342 (e) Lessee shall (i) apply for or consent to the appointment of a receiver, trustee, custodian or liquidator of Lessee, or of all or a substantial part of the assets of Lessee, (ii) be unable, fail or admit in writing its inability generally to pay its debts as they become due, (iii) make a general assignment for the benefit of creditors, or (iv) file a voluntary petition in bankruptcy or a petition or an answer seeking reorganization or an arrangement with creditors or taking advantage of any insolvency law or any answer admitting the material allegations of a petition filed against Lessee in any bankruptcy, reorganization or insolvency proceeding; or (f) An order, judgment or decree shall be entered by any court of competent jurisdiction, approving a petition or appointing a receiver, trustee, custodian or liquidator for Lessee or of all or a substantial part of the assets of Lessee, in each case without its application, approval or consent, and such order, judgment or decree shall continue unstayed and in effect for any period of 30 consecutive days. Section 12.02. Remedies on Default. Whenever any Event of Default exists under a Lease, Lessor shall have the right, at its sole option without any further demand or notice, to take one or any combination of the following remedial steps: (a) By written notice to Lessee, Lessor may declare all Rental Payments payable by Lessee pursuant to such Lease and other amounts payable by Lessee under such Lease to the end of the then current Original Term or Renewal Term to be due; (b) With or without terminating the Lease Term under such Lease, Lessor may enter the premises where the Equipment listed in such Lease is located and retake possession of such Equipment or require Lessee at Lessee's expense to promptly return any or all of such Equipment to the possession of Lessor at such place within the United States as Lessor shall specify, and sell or lease such Equipment or, for the account of Lessee, sublease such Equipment, continuing to hold Lessee liable, but solely from legally available funds, for the difference between (i) the Rental Payments payable by Lessee pursuant to such Lease and other amounts related to such Lease or the Equipment listed therein that are payable by Lessee to the end of the then current Original Term or Renewal Term, as the case may be, and (ii) the net proceeds of any such sale, leasing or subleasing (after deducting all expenses of Lessor in exercising its remedies under such Lease, including without limitation all expenses of taking possession, storing, reconditioning and selling or leasing such Equipment and all brokerage, auctioneer's and attorney's fees), subject, however, to the provisions of Section 3.03. The exercise of any such remedies respecting any such Event of Default shall not relieve Lessee of any other liabilities under any other Lease or with respect to the Equipment listed therein; (c) Lessor may terminate the Escrow Agreement relating to such Lease and apply any proceeds in the Escrow Fund thereunder to the Rental Payments due under such Lease; and -21- Standard MELPA BAPCC 415 ChesterField County Bus Lease Agreement.doe 2210342 (d) Lessor may take whatever action at law or in equity may appear necessary or desirable to enforce its rights under such Lease or the Escrow Agreement relating thereto or as a secured party in any or all of the Equipment subject to such Lease or with respect to the related Escrow Fund. Section 12.03. No Remedy Exclusive. No remedy herein conferred upon or reserved to Lessor is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under a Lease now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle Lessor to exercise any remedy reserved to it in this Article it shall not be necessary to give any notice other than such notice as may be required in this Article. Section 12.04. Application of Moneys. Any net proceeds from the exercise of any remedy under this Agreement, including the application specified in Section 12.02(b)(ii) (after deducting all expenses of Lessor in exercising such remedies including without limitation all expenses of taking possession, storing, reconditioning and selling or leasing Equipment and all brokerage, auctioneer's or attorney's fees), shall be applied as follows: (a) If such remedy is exercised solely with respect to a single Lease, Equipment listed in such Lease or rights thereunder, then to amounts due pursuant to such Lease and other amounts related to such Lease or such Equipment. (b) If such remedy, is exercised with respect to more than one Lease, Equipment listed in more than one Lease or rights under more than one Lease, then to amounts due pursuant to such Leases pro rata. ARTICLE XIII Section 13.01. Notices. All notices, certificates or other communications under any Lease shall be sufficiently given and shall be deemed given when delivered or mailed by registered mail, postage prepaid, or delivered by overnight courier, or sent by facsimile transmission (with electronic confirmation) to the parties hereto at the addresses immediately after the signatures to this Agreement (or at such other address as either party hereto shall designate in writing to the other for notices to such party) and to any assignee at its address as it appears on the registration books maintained by Lessee. Section 13.02. Binding Effect. Each Lease shall inure to the benefit of and shall be binding upon Lessor and Lessee and their respective successors and assigns. Section 13.03. Severability. In the event any provision of any Lease shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision thereof. -22- Standard MELPA BAPCC 415 ChesterField County Bus Lease Agreement.doe 2210342 Section 13.04. Amendments, Changes and Modifications. This Agreement and each Lease may only be amended by Lessor and Lessee in writing. Section 13.05. Execution in Counterparts. This Agreement and each Lease may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument, provided that only Counterpart No. 1 of each Lease (including the terms and provisions of this Agreement incorporated therein by reference) shall constitute chattel paper for purposes of the applicable Uniform Commercial Code. Section 13.06. Applicable Law. This Agreement and each Lease shall be governed by and construed in accordance with the laws of the State. Section 13.07. Captions. The captions or headings in this Agreement and in each Lease are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Agreement or any Lease. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE FOLLOWS] -23- Standard MELPA BAPCC 415 ChesterField County Bus Lease Agreement.doe 2210342 IN WITNESS WHEREOF, Lessor and Lessee have caused this Master Equipment Lease/Purchase Agreement to be executed in their names by their duly authorized representatives as of the date first above written. LESSOR: Banc of America Public Capital Corp 555 California Street, 4th Floor San Francisco, California 94104 Attention: Contract Administration Fax No.: (415) 765-7373 Name: Title: LESSEE: County of Chesterfield, Virginia 9901 Lori Road Chesterfield, Virginia 23832 Attention: Fax No.. Name: James J. L. Stegmaier Title: County Administrator_ Signature Page to Master Equipment Lease/Purchase Agreement Standard MELPA BAPCC 415 ChesterField County Bus Lease Agreement.doc 2210342 FORM OF AUTHORIZING RESOLUTION A RESOLUTION OF THE GOVERNING BODY OF COUNTY OF CHESTERFIELD, VIRGINIA, AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER EQUIPMENT LEASE/PURCHASE AGREEMENT WITH BANC OF AMERICA PUBLIC CAPITAL CORP, AS LESSOR, AND SEPARATE SCHEDULES THERETO FOR THE ACQUISITION, PURCHASE, FINANCING AND LEASING OF CERTAIN EQUIPMENT WITHIN THE TERMS HEREIN PROVIDED; AUTHORIZING THE EXECUTION AND DELIVERY OF OTHER DOCUMENTS REQUIRED IN CONNECTION THEREWITH; AND AUTHORIZING ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION. WHEREAS, County of Chesterfield, Virginia (the "Lessee"), a county duly organized and existing under the laws of the State/Commonwealth of Virginia, is authorized by the laws of the State/Commonwealth of Virginia to purchase, acquire and lease personal property (tangible and intangible) for the benefit of the Lessee and its inhabitants and to enter into contracts with respect thereto; and WHEREAS, the governing body of the Lessee (the "Board") has determined that a need exists for the acquisition, purchase and financing of certain property consisting of school buses (collectively, the "Equipment") on the terms herein provided; and WHEREAS, in order to acquire such Equipment, the Lessee proposes to enter into that certain Master Equipment Lease/Purchase Agreement (the "Agreement") with Banc of America Public Capital Corp (or one of its affiliates), as lessor (the "Lessor "), substantially in the proposed form presented to the Board at this meeting, and separate Schedules thereto substantially in the form attached to the Agreement; and WHEREAS, the Board deems it for the benefit of the Lessee and for the efficient and effective administration thereof to enter into the Agreement and separate Schedules relating thereto from time to time as provided in the Agreement for the purchase, acquisition, financing and leasing of the Equipment to be therein described on the terms and conditions therein and herein provided; Now, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the governing body of the Lessee as follows: C-2-1 Standard MELPA BAPCC 415 ChesterField County Bus Lease Agreement.doc 2210342 Section 1. Findings and Determinations. It is hereby found and determined that the terms of the Agreement (including the form of Schedule of Property and the form of Rental Payment Schedule, both attached thereto), in the form presented to the Board at this meeting, are in the best interests of the Lessee for the acquisition, purchase, financing and leasing of the Equipment. Section 2. Approval of Documents. The form, terms and provisions of the Agreement (including the form of Schedule of Property and the form of Rental Payment Schedule, both attached thereto) are hereby approved in substantially the forms presented at this meeting, with such insertions, omissions and changes as shall be approved by [insert title of officials] of the Lessee (the "Authorized Officials") executing the same, the execution of such documents being conclusive evidence of such approval. The Authorized Officials are each hereby authorized and directed to sign and deliver on behalf of the Lessee the Agreement, each Schedule thereto under which a separate Lease (as defined in the Agreement) is created, each Rental Payment Schedule attached thereto and any related exhibits attached thereto if and when required; provided, however, that, without further authorization from the governing body of the Lessee, (a) the aggregate principal component of Rental Payments under all Leases entered into pursuant to the Agreement shall not exceed $8,649,800.00; (b) the maximum term under any Lease entered into pursuant to the Agreement shall not exceed [seven] years; and (c) the maximum interest rate used to determine the interest component of Rental Payments under each Lease shall not exceed the lesser of the maximum rate permitted by law or [ten percent (10%)] per annum. The Authorized Officials may sign and deliver Leases to the Lessor on behalf of the Lessee pursuant to the Agreement on such terms and conditions as they shall determine are in the best interests of the Lessee up to the maximum aggregate principal component, maximum term and maximum interest rate provided above. The foregoing authorization shall remain in effect for a period of two years from the date hereof during which the Authorized Officials are authorized to sign and deliver Leases pursuant to the Agreement on the terms and conditions herein provided and to be provided in each such Lease. Section 3. Other Actions Authorized. The officers and employees of the Lessee shall take all action necessary or reasonably required by the parties to the Agreement to carry out, give effect to and consummate the transactions contemplated thereby (including the execution and delivery of Final Acceptance Certificates, Escrow Agreements and any tax certificate and agreement, as contemplated in the Agreement) and to take all action necessary in conformity therewith, including, without limitation, the execution and delivery of any closing and other documents required to be delivered in connection with the Agreement and each Lease. Section 4. No General Liability. Nothing contained in this Resolution, the Agreement, any Lease, any Escrow Agreement nor any other instrument shall be construed with respect to the Lessee as incurring a pecuniary liability or charge upon the general credit of the Lessee or against its taxing power, nor shall the breach of any agreement contained in this Resolution, the Agreement, any Lease, any Escrow Agreement or any other instrument or document executed in C-2-2 Standard MELPA BAPCC 415 ChesterField County Bus Lease Agreement.doc 2210342 connection therewith impose any pecuniary liability upon the Lessee or any charge upon its general credit or against its taxing power, except to the extent that the Rental Payments payable under each Lease entered into pursuant to the Agreement are limited obligations of the Lessee, subject to annual appropriation, as provided in the Agreement. Section S. Appointment of Authorized Lessee Representatives. The and of the Lessee are each hereby designated to act as authorized representatives of the Lessee for purposes of each Lease and the related Escrow Agreement until such time as the governing body of the Lessee shall designate any other or different authorized representative for purposes of the Agreement and any Lease or Escrow Agreement. Section 6. Severability. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution. Section 7. Effective Date. This Resolution shall be effective immediately upon its approval and adoption. The undersigned, a duly elected or appointed and acting [Secretary] [City Clerk] [County Clerk] of the Lessee identified in the above Resolution No. (the "Resolution"), hereby certifies that the Resolution is a full, true and correct copy of such Resolution as adopted by the governing body of the Lessee on '2015. The Resolution is in full force and effect on the date hereof and has not been amended, modified or otherwise changed by the governing body of the Lessee since the date of adoption of the Resolution. DATED this day of , 2015. Name: Title: C-2-3 Standard MELPA BAPCC 415 ChesterField County Bus Lease Agreement.doc 2210342 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA 149.. Page 1 of 1 Meeting Date: August 26, 2015 Item Number: 8.13.10. Subiect: State Roads Acceptance County Administrator's Comments: County Administrator: Board Action Requested: Adoption of a resolution for the referenced state roads acceptance. Summary of Information: Clover Hill and Midlothian Districts: Queensgate Section 2 Preparer: Scott B. Smedley Attachments: 0 Yes F-1No Title: Director, Environmental Engineering #0,001, 7 TO: Board of Supervisors FROM: Department of Environmental Engineering SUBJECT: State Road Acceptance - Queensgate, Section 2 DISTRICT: CLOVER HILL & MIDLOTHIAN MEETING DATE: August 26, 2015 ROADS FOR CONSIDERATION: MINERS TRAIL CT MINERS TRAIL RD Vicinity Map: QUEENSGATE, SECTION 2 Produced By Chesterfield County GIS 3 Gj 4 �114 ,� tNU GftO ,�C �0 -IQ 2 DGE RD AOR T��,..., OLD C() �ON ------ PN ,.....-O TER Q, cj VVINAMAqK RD �..AR�A R A 4 8Z. - - - EW C 4T' J, RD � I I 9, o, G7 I , , 4 6 10 nQ F, 47 00 ql-ENSnADE OR oos'U ........ (�Oa GROVEj��,), p, or TER ov Ct 4JY,, "pp TON fO 1,N RL _AGEIJ, 0 ly S R' 1? C � AY�R�p x OL ;k 0 ROGER 'z CLURDR RC 'e -PR.1 P0 2 ; DUE CAL CHI ER�q cIR..TR4 W Ileti '/WL00 'Ev'EG, L ywqp r CN 8L UFF PL > > I CIR D, 1�ooD RD3. 6, — - 2 jS2R A 4 V 61 0 10 7�111 0 S E CT E TER 1. OXYGEN DR �E OR 4 2 TITANIUM AVE 0 FDO 3. NICKEL LN 4 COBALT AVE 5, PALLADIUM DR ,7 Y 0, �IAGE 141L LR TUCKS LN BEAVERDE, W Q OR RD "L'o 1 2 POIN I E PKWY - 3, LAK OO CU It - OV Produced By Chesterfield County GIS 3 Gj 4 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Pagel of 2 169, AGENDA Meeting Date: August 26, 2015 Item Number: 8.6.11. Subiect: Request for Music and Entertainment Festival Permit for St. Augustine Catholic Church's Festival on Saturday, September 12, 2015 County Administrator's Comments: County Administrator: Staff recommends the Board grant a music and entertainment festival permit for St. Augustine Catholic Church's Festival on Saturday, September 12, 2015 subject to the attached conditions. Summary of Information: St. Augustine Catholic Church, located at 4400 Beulah Road in Dale Magisterial District, plans to hold a music and entertainment festival on Saturday, September 12, 2015, from 9:00 a.m. until 10:00 p.m. on the church lawn. The festival's main purpose is to raise funds for and increase community awareness of the proposed construction of new church facilities. The event will feature live musical performances from several bands, food and beverages (non-alcoholic) for sale, and children's games. Approximately 400 people are expected to attend the festival. The applicant's plan meets the substantive requirements of the entertainment permit ordinance, and the property is properly zoned. The church has made adequate provisions for public safety, fire prevention, medical protection, Preparer: Jeffrey L. Mincks Title: County Attorney 0505:94936.1 Attachments: ■ Yes FINo CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA sanitation, traffic control, and security. Specifically, 1) the church will contract to provide two port -a -johns and the church bathroom facilities will be available; (2) the local Rescue Squad and Chesterfield Fire and EMS will be available for the event; (3) the Police Department will provide three off- duty police officers for this event; (4) the church has agreed that music will be played in such a manner that it will not be audible beyond the property or constitute a nuisance to adjacent property owners; and(5) the church is self-insured through Catholic Mutual Group. Based upon a similar event conducted by the church last year, staff is recommending that if the Board approves this event, it do so subject to the attached conditions. Although the Board of Supervisors may require a bond to ensure compliance with the permit, the Board traditionally has not required a bond except when the event occurs on County property. Staff recommends that the Board not require the church to post a bond. 0505:94936.1 D6C`015 0 CONDITIONS FOR ISSUING PERMIT TO ST. AUGUSTINE CHURCH 1. Permit holder shall hire three off duty Chesterfield County police officers to provide traffic and crowd control during all hours of the St. Augustine Church Festival, as follows: September 12, 2015 (Saturday) - Hours: 9:00 a.m. — 10:00 p.m. (3 officers) 2. Permit holder shall maintain a First Aid station, with at least one certified Emergency Medical Technician on duty during all times of Event operation. 3. Prior to the Event, the permit holder shall provide the Fire Marshal with a site plan showing the means of emergency access to the premises where the Event is being conducted. 4. Food vendors utilizing cooking appliances under tents or in trailers/vendor trucks, must have an inspection completed by the fire marshal's office prior to those cooking devices from being used. 5. No food vendor shall sell or give away any food unless a permit for food vending has been issued by the Chesterfield Health Department. The permit holder shall apply for such a permit at least seven (7) days before the event. 6. No amusement rides shall be maintained for use by members of the public unless the permit holder has obtained a permit for amusement rides from the Building Official. The permit holder shall apply for such a permit at least seven (7) days before the event. 7. Permit holder shall provide the Risk Manager with a Certificate of Insurance, in a form approved by the Risk Manager and County Attorney, as follows: a. Permit holder must provide a certificate of insurance with a minimum Commercial General Limit of $1,000,000 per occurrence for General Liability and $1,000,000 per occurrence for Automobile Liability. b. Permit holder must provide the Risk Manager with a complete list of all vendors who will work at the Carnival. Each vendor must provide a certificate of insurance with a minimum Commercial General Liability Limit of $1,000,000 per occurrence and $2,000,000 general aggregate. C. The insurance required by this provision must be provided before the permit holder or any vendor will be allowed to begin set-up for the event. 8. Permit holder will comply with all County noise ordinances and with all conditions imposed by County employees and representatives to minimize the impact of noise on neighborhoods in the vicinity of the Festival. 9. Failure to comply with any of the above conditions will result in immediate and automatic revocation of the Music/Entertainment Festival Permit. 0505:94936.1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: August 26, 2015 Item Number: 8.8.12. Subiect: Request to Aid Thibault Enterprises, LLC in the Acquisition of Offsite Sewer and Temporary Construction Easements to Serve its Commercial Development on Jefferson Davis Highway County Administrator's Comments: County Administrator: Authorize Right of Way staff to aid Thibault Enterprises, LLC in the acquisition of sewer and temporary construction easements to serve its commercial development on Jefferson Davis Highway, subject to the developer executing a contract agreeing to pay all costs. Summary of Information: Thibault Enterprises, LLC has requested that the county aid in acquiring offsite easements that will provide sewer service to its commercial development on Jefferson Davis Highway. This request is consistent with the county's policy to assist developers when they are unable to acquire easements. Condemnation, if needed, would require Board approval at a public hearing. This line could be further extended to serve commercial and industrial properties on Jefferson Davis Highway and Happy Hill Road. Approval is recommended. District: Bermuda Preparer: John W. Harmon Title: Real Property anager Attachments: 0 Yes F-1No # VICINITY SKETCH Request to Aid Thibault Enterprises, LLC in the Acquisition of Offsite Sewer and Temporary Construction Easements to Serve its Commercial Development on Jefferson Davis Highway e-0 e( met Go��� Se oSedGo ee 5 `�G --'_ < ' � a Oa 5 COS 1"9 r j �e l ! Thibault Ent 16407 erprises, LLC and i Jeffe16411+ rsa n Davis Hy V LL LL./�Q W `z N Chesterfield County Department of Utilities W E Right of Way Office ` August 6, 2015 S 7 inch = 272.76 feel fly CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: August 26, 2015 Item Number: 8.6.13.a. Subiect: Acceptance of a Parcel of Land Along North Woodridge Road from BB Hunt, L.L.C. County Administrator's Comments: County Administrator: Board Action Requeste Accept the conveyance of a parcel of land containing 0.059 acres along North Woolridge Road from BB Hunt, L.L.C., and authorize the County Administrator to execute the deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of a parcel of land containing 0.059 acres along North Woolridge Road from BB Hunt, L.L.C. This dedication is for improvements in conjunction with the development of Charter Colony Rainbow Station. Approval is recommended. District: Midlothian Preparer: John W. Harmon Title: Real Property Manager Attachments: ® Yes F-1No # (I) '` .:A "VICINITY SKETCH Acceptance of a Parcel of Land Along North Woolridge Road from BB Hunt, L.L.C. M 7 .N- 0, \ 0 ri Ui U ' 0.069 Acre Dedication C) Chesterfield County Department of Utilkies 1 tW - 666.67 S-� ER IR UFF PL ER WA 0 *A W 0 M 7 .N- 0, \ 0 ri Ui U ' 0.069 Acre Dedication C) Chesterfield County Department of Utilkies 1 tW - 666.67 S-� y p Charter Cawy Pkwy. C a 3 d n o m J S N O W W I 1 i \J V ON "+. u tt0p w 4 4 Gw U W O O �o Lo 0 U O Q LL, = a € p h n owQ� r` hN Lo q£ 4 y a UU d ke s � v � h ;^ w qD �d o £ Q �o T i _ cz ho 2 h N U �h2 iI ry �' Z ti� 2 Kao •O JI Jm ro n I \ � SSS 2ryhGo¢ 0 W J m�mUry„ O f O 1 l ,gQ ti`cmn 3�4 ��p 1 ry E9 GVN a CHARTER COLONY PARKWAY — STATE ROUTE 950 0 o RI ABLE WIDTH PUBLIC RIM PB:87 PG:76 &77 0&2679 PG:683 iawni aNnl eq I Nd ZT£ 940Z79LIL u0 MIOld 6u0100 z�z V ON "+. u tt0p w 4 4 Gw U W O O �o Lo 0 U O Q LL, = a € p h n owQ� r` hN Lo M CL y a UU 01-0015G. CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 11 AGENDA fyRCryu.,> Meeting Date: August 26, 2015 Item Number: 8.B.13.b. Subject: Acceptance of a Parcel of Land Along the East Right of Way Line of N. Otterdale Road from Brookcreek Estates Owners Association, Inc. County Administrator's Comments: County Administrator: Accept the conveyance of a parcel of land containing 0.027 acres along the east right of way line of N. Otterdale Road from Brookcreek Estates Owners Association, Inc., and authorize the County Administrator to execute the deed. Summary of Information: It is the policy of the county to acquire right of way whenever possible through development to meet the ultimate road width as shown on the County Thoroughfare Plan. The dedication of this parcel conforms to that plan, and will decrease the right of way costs for road improvements when constructed. Approval is recommended. District: Midlothian Preparer: John W. Harmon Title: Real Property Manager Attachments: ■ Yes No #„ "VICINITY SKETCH Acceptance of a Parcel. of ,and Along the East Right of Way Line of N. Otterdale Road. from, Brookcreek Estates Owners Association, Inc., M RID AA f 0.027 ACRE PARCEL TO BE DEDICATED I- ERIN: BRO K 2. COLh CREED RD B ETT WOODS 43 GIL W04f KF_RRI 001, LU 0 Cheaterfield County Department tff Utfti, W q VINIOUTA'ALNNOO Cl3LAY31S3HO lOIN1SI0 NVIH1OlOIW n O 0131�H31S3HO d0 A1N(100 < .. s LL o F 3H1 WOLid 03HV1030 38 01 S133HVd Z ONV a 8 T Q o a ,° n oo w 3yj PS 3p s{ "5ga 0131dt131S3HO�0A1Nf1003H10iO31tl01030 0 0� o N TU o �c �a�_ -o °>s 38 010NVI d0 S1308W E JNIMOHS 1Vld �geWm:� hg="e"^10hb�b �{LU m,, �oyW ON a\ ato Wcmti �� oa m s33�og` g '< s9ti� q DO WWW . �,o- ,�';•, ;v :n � � P O aoN& 'K4w � ry o h 0 M 0 WVG Up2p � O � ' � •mss,_ / / C4 / ro N C � SOY 061.0 1 Ob`A 11 d Z98 � OYUY �_ \ 31f42GClO i✓ 03 N O %S.f0,85;805 0 m 0 IpRO^g O V � O m Ory m W n m< Ov O- �"i�a � K U2m b O ~ W F `�d,9,k1 Qj QRgz OYUY �_ \ 31f42GClO i✓ a o J N %S.f0,85;805 Rho IpRO^g / � O Rhp CHESTERFIELD COUNTY pv BOARD OF SUPERVISORS Page 1 of 1 `- AGENDA 1749 K?RGOIN Meeting Date: August 26, 2015 Item Number: 8.B.13.c. Subiect: Acceptance of Parcels of Land Along Big Oak Lane from NHI Bickford RE, LLC County Administrator's Comments: County Administrator: Accept the conveyance of six parcels of land containing a total of 0.21 acres along Big Oak Lane from NHI Bickford RE, LLC and authorize the County Administrator to execute the deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of six parcels of land containing a total of 0.21 acres along Big Oak Lane from NHI Bickford RE, LLC, as shown on the attached plat. This dedication is for the development of Bickford Senior Living. Approval is recommended. District: Midlothian Preparer: John W. Harmon Title: Real Property Manager Attachments: 0 Yes F-1No # "VICINITY SKETCH Acceptance of Parcels of Land along Big Oak Lane from NHI Bickford RE, LLC Tota] of 0.21 Acre, Dedication A d A Chestarfield Gourity Cepartmart of Utilkies W 1 OPCOIGII -7 - , - �` s`r Una 9 I �p / �'noSnSr O =� —CJca `a w33333w / ��RHryg:� 3NOZ NlQOS =A(� to a z W oi- N U < �OON�pNNNO WZ�m�m^t=-F m��o o�aw o �Ox U Z�� z N J N oz cou u f�e Ht r\ \ p\ 9\\�, `s` � �a `•rr �// i5 �'� 'fir '°moi `.q7� �d •5 3.LI.69. 0 N� N s`r Una T / / �'noSnSr O =� —CJca `a w33333w / ��RHryg:� a z W oi- N U < �OON�pNNNO WZ�m�m^t=-F m��o o�aw o �Ox U Z�� z N J N oz cou u f�e Ht r\ \ p\ 9\\�, `s` � �a `•rr �// i5 �'� 'fir '°moi `.q7� �d •5 3.LI.69. 0 N� N s`r Una <40� �'noSnSr O =� —CJca `a w33333w ��RHryg:� BOARD O 0- AGENDA Page 1 of 1 Meeting Date: August 26, 2015 Item Number: 8.6.13.d. Subject: Acceptance of a Parcel of Land Along Jefferson Davis Highway from See Yuan Chan Investments, LLC County Administrator's Comments: County Administrator: Board Action Requeste: Accept the conveyance of a parcel of land along Jefferson Davis Highway from See Yuan Chan Investments, LLC, and authorize the County Administrator to execute the deed. Summary of Information: It is the policy of the county to acquire right of way whenever possible through development to meet the ultimate road width as shown on the County Thoroughfare Plan. The dedication of this parcel conforms to that plan, and will decrease the right of way costs for road improvements when constructed. This dedication is for the development of Jefferson Davis Commercial Center. Approval is recommended. DlstriCt: Bermuda Preparer: John W. Harmon Title: Real Property Manager Attachments: 0 Yes F-1No # kyj Ile] 11112 11 & W140 Acceptance of a Parcel of Land Along Jefferson Davis Highway from See Yuan Chan Investments, LLC Ih 0.014 Acre, Dedication rr Ilk IQ D L R 0 -U- ;U IN Chesterfield County Departmert of Utilitia-s AL slot '6 ),inr woo,sX9iuOSDMB®„OD[ VA .UNn00 O731j831S3HO lOINlSIO VOTIWM38 a3su38 ISVt 31vo LZZS-LLL-boS t'X3 3H1 NI AVMHOIH S/AVO NOS&3d33f 9016 *ON e`l� SZZS-UL-408 'Hd ON138 'AVMHOIH SIAM NOSY3333f (INV �_ "',-S C,Mtl 8ZS6 } SOP .OZ = ,i t£S£Z MNIMILA '0I� S3HE � 1NO 'DN Sof, 37YOS 133 Hta3M ao902tQV021 W.(21213d N33M138 OVOb Sl771M 30 H1210N o ;.z�Q ; 'Uycli sNrAMYN NM a43no .o,a•r s�oAan.lns PUD-1 0073jN31 3HO 30 AiNn00 3H1 01 31V01030 38 uw AMP9016 IIIA33HO `7 C� 'SaLVIDOSSFV 01 ONV7 d0 13021Vd 380Y g10'O V JNIMOHS 1V7d wyy :OI M3MHd YMaNMvao 2? MOSIVAi HXaD NOUVOIO30 AAM-30-1HOld .01 03SOdOdd Q �I OI 2Z JO U a�u UI CYI u � Q�o`'iaoU vc0 E. � 4! h�2 12nvi `i o o w qm O > U y '70 in O O � 4 m ON p c9 Gi �16 vi Nrn RC1 u n� 2w° Ito in ��4 O li6'F61 (11D�anp 6ugs,x3) 3„6G.L b.SLM -” I' ��' ' \'-• o� � v � a o (awl laOiod 'GN) 3„60.L b.SLN---- i _o-,m EO Q M o `t� to W mo °' /d„96OS.SLS (awl /asJad MeN) ,L9'”' SUN a-� w 7 ..-- fd„94.OS.SLS (Ilaanp bvrls�x3)I ,89't 81Is H tp 8 Nh _ Ul Cq`4 .•�j J o o WHO amt m m 2W r4Ofx �..."� mz ' MW .4 00 IW ' If 4oQ� do m�� as �,.,ti MMco 4'o g� viO vi va Q J 01 _ �8 >o �Q oz�o,IW,.� NMN O-, zo Wim— Q wU �Opo ro Z W �W:Zz s� aW°� ?oma ec am 0<3 d�0 oW2=I2 Q Ov>20Y >-OWOW WvjC4 0 zrno WWW �. �OdyO� i �OW4 W W 4`OZt.. W q W ovQza�zo zz¢ZZ Wp�34.kON U WWy” O GQWm �O W�ZyW�Nc W�?Oj W �,/INQ\Q� 4-Q�oU WO Gmw<Q C=j0?:WOQZ� -WtFZJ� �W04U OCW2Zct z�VOi gZONO ¢N¢yQ O�WZQzZNWi"Z4 ytz..>�OZe0o4Vz0 D: Q wNq�F?ONwNO�Z �oQ�o''zrzm$zQon Z U��OOOCZW�U��� l-pwF- w0030�33 zw �ow�oima=o�a��¢ 00_.,WO vl� ONW Ntiti Oti�4tx.�OtiZZ�? •^ N �i c ui ,o CHESTERFIELD COUNTY a BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: August 26, 2015 Item Number: 8.B.13.e. Subiect: Acceptance of a Parcel of Land for the Ettrick-Matoaca Library from The Visitors of Virginia State University County Administrator's Comments: County Administrator: Accept the conveyance of a parcel of land containing 3.931 acres for the Ettrick-Matoaca Library from The Visitors of Virginia State University and authorize the County Administrator to execute the deed. Summary of Information: Since 1978, the County has operated the Ettrick-Matoaca Library pursuant to a lease agreement with the Board of Trustees of Chesterfield County Public Library. It was a deep narrow parcel containing 3.93 acres not useful for future expansion. VSU has determined that in lieu of amending the lease or granting an easement for a reconfigured parcel, it is in the best interest of the Commonwealth of Virginia to convey to the county a site that would allow for future expansion of the library (see the attached plat). The deed obligates the county to install and maintain a plaque at the library building commemorating the conveyance of the property by VSU and to construct and maintain a fence along the perimeter of the property except along River Road. Approval is recommended. District: Matoaca Preparer: John W. Harmon Attachments: ■ Yes 7 No Title: Real Property Manager 0,G "VICINITY SKETCH Acceptance of a Parcel of Land for the Ettrick-Matoaca Library from The Visitors of Virginia State University Acceptance of a Parcel of Land for the Ettrick-Matoaca Library from The Visitors of Virginia State University Chestufleld County Departutsnt cf Utilities YY E IV 1p NOT FOR RESIDENTIAL USE ohm---- - OVERHEAD POWER - — — uop. -- — - - PAWT UNDERGROUND POWER NOTE:- — — UGT — - - PAINT UNDERGROUND TELEPHONE - - - Lcvv- - - - PAINT UNDERGROUND CATV I, cmmonvAmm Affirm that i am the owner of the ProPer4' depleted on this plot- — — W— PAINT�- . PAT UNDERGROUND WATER Ond do heroby aTem fiat the rseub lon of this property fa not for purposes of orsa ft a _ — — UFC) _ . PAINT UNDERGROUND FIBER OPTIC pm* for resk*dbl uae. Thts pm" zoned A -AWb Ahffd. _ PIPE FOUND s - WATER VALVE -ROD SET go - HVAC ON CONCRETE PAD Owr • - A1AG NAfL SET !1 - MAILBOX oo - LIGHT POLE -e- -SIGN Pl-kVDepeft-A -GROUND LIGHT m-SANITARYSEWERMANHOLE flatw• >(i -YARD LIGHT O-CLF9NOUT This Is b cm* thud on 6=13 to the best d my ptofessbAd knowledge and be9M; f made an ® WATER MANHOLE D.B. -DEED BOOK Sousa% field survey of the pran f es ahown hereon, #%dal improvearerrte known or vNft are - FIRE HYDRANT PG. -PAGE shownlam that them aro no vW* &exm* by impmwemems eftha from Sdjdnkfp O -WATER METER RAV - R/GHTOFWAY prarrrlses or from a "ad K- tes upon adjoining V -19 -other titan 83 shown tremor. P.B. - P"TBOOK � R 36 o>�fffZ Cf t !1 it N:360979452 LVARA&LEWIDTH E.1179OM42 WATERLNNEEASEMEW D.B. 2299, AQ 1930 � - J���,..-"' A► EASEMENT i D.B. 1206, PG. 221 16' WATER 1 STORY I t tl LINEEASEMENT BRA& SLOCA D.& 9765E PG. 573 44601 !t APPORATTOXRNER WATERAUTHORITY j ?29.53' a ;� t 11 WATER LIAEEASEMENT` y t D.N 893, PCS 714 C f !t 3.931 ACRESPAW y GPpV: msIffaii009-n-o t 1! i f 1 11 3m3T Se1'0258'tM N 3609031. 14 35' VFPCO 1 ! q E.1IM175.10 EASEMENT t ! 006410NWEALTHOFt7RGINA D.S. 4M PG. 211 GRN,? 6f1859900000 160'VEPCO� !t CENUIMME JVM 1 Q.B. 428PG. ? t tEASEWENT D.B. 284 PG. 374 1 tt D.B. 425, PG. 24 D.B. 339, Ply 412 Q& 305 Pr. 130 tt D.B. 345, PG. 131 ! 1 tl t' otn _ II SCALE TH OFl? 0 100' 200' v W. M. HA > 1 ic. No. 20'67 O(, -t5 i��a04 CtJRVF TABLE' lxnvvs RAofuB LENrmr rAAtGavr ae.rA crrofmsrJiRlevc 1�ro�aD Cf 75a0Y7 31.38' f5o89' 273"50' At8 7'14tN'P 31.38' CHESTERFIELD COUNTY n . BOARD OF SUPERVISORS Page 1 of 1 �AGENDA Meeting Date: August 26, 2015 Item Number: 8.B.14.a. Subject: Request to Quitclaim a Thirty -Foot Virginia Department of Transportation Drainage Easement, a Portion of a Variable Width Water Easement and Portions of Virginia Department of Transportation Slope Easements Across the Property of BB Hunt, L.L.C. County Administrator's Comments: County Administrator: Board Action RE Authorize the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a 30' VDOT drainage easement, a portion of a variable width water easement and portions of VDOT slope easements across the property of BB Hunt, L.L.C. Summary of Information: BB Hunt, L.L.C. has requested the vacation of a 30' VDOT drainage easement, a portion of a variable width water easement and portions of VDOT slope easements across its property as shown on the attached plat for the development of Charter Colony Rainbow Station. This request has been reviewed by Utilities, Virginia Department of Transportation and Environmental Engineering. New easements will be dedicated. Approval is recommended. District: Midlothian Preparer: John W. Harmon Title: Real Property Manager Attachments: ® Yes F-1 No "VICINITY SKETCH Request to Quitclaim a Thirty -Foot Virginia Department of Transportation Drainage Easement, a Portion of a Variable Width Water Easement and Portions of Virginia Department of Transportation Slope Easements Across the Property of BB Hunt, LI.C. Portion of a VDOT Slope Easementto be Quitclamed Portion of a Water Easement to be Quitclamed LU TIV? 0 .0 CP G A 0 0 0 Portion of a VDOT Drainage Easernentto, be Quitclamed N Chesterfield County Department of Utilities .I.- hPY S S O'C"0170 Portion of a VD:OT Slope 0 1 W w Easementto be Quitclarned Portion of a VDOT Slope Easementto be Quitclamed Portion of a Water Easement to be Quitclamed LU TIV? 0 .0 CP G A 0 0 0 Portion of a VDOT Drainage Easernentto, be Quitclamed N Chesterfield County Department of Utilities .I.- hPY S S O'C"0170 tey � u.1 a t" U J M O N m rn i 4 U nx�a a tatt'' pm° ° oy� Q m Z K444`. 4`�i w ti e eeeeee 9 0000cc s � _ a� E � tymEssB S'8 .£� Ogw✓,�yti ni eaOtnv W Q dX ouJ SNOWWI1 f moquh$ I a` 8 � �WC7 u4 3yh�^.m't~ ti0 R a a ary-o'b .� (� b � Q N tu Z� J so m� Q w� ev `/ z 8 h N ku 8 py RM"- �0at QR Q .^ ?,..,%.� � N F y Y f moquh$ I a` 8 � �WC7 u4 3yh�^.m't~ ti0 R a a ary-o'b .� Ila `/ ku r py RM"- �0at QR .^ ?,..,%.� F y Yf V f moquh$ I a` 8 � �WC7 u4 3yh�^.m't~ ti0 R a a ary-o'b .� Ila `/ py RM"- �0at QR .^ ?,..,%.� a� Wq$mop��♦ f1W a n n m Y o iWVCa � 3n�P�o ia�$ m a®neyc N R o N o< fflCHARTER COLONY PARKWAY A o W , STATE ROUTE 950 ARIABLE WIDTH PU8UC RNV) N a <? P6:87 PC,:76 &77 00 08:2679 PC:683 � q SSSSLLLLLLLL��� d �_ w R U y 0 tawny aNn,ldq (Wd Sb=¢ BLOZ/9L/L uO P8Wld 16MP'SIwSB;O UOReaeA 6uOIOOJeUeUO-A2Ins-A68Lt,MM0\LPUB-AUOIOO-JOVe4-aLvMC6\:A Ila m Y o iWVCa � 3n�P�o ia�$ m a®neyc N R o N o< fflCHARTER COLONY PARKWAY A o W , STATE ROUTE 950 ARIABLE WIDTH PU8UC RNV) N a <? P6:87 PC,:76 &77 00 08:2679 PC:683 � q SSSSLLLLLLLL��� d �_ w R U y 0 tawny aNn,ldq (Wd Sb=¢ BLOZ/9L/L uO P8Wld 16MP'SIwSB;O UOReaeA 6uOIOOJeUeUO-A2Ins-A68Lt,MM0\LPUB-AUOIOO-JOVe4-aLvMC6\:A w CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 k-grr° AGENDA Meeting Date: August 26, 2015 Item Number: 8.8.14.1b. Subiect: Request to Quitclaim a Portion of a Twenty -Foot Storm Water Management Best Management Practice Access Easement Across the Property of RREF II - TFC Wynwood, LLC County Administrator's Comments: County Administrator: )41 Board Action Regueste . Authorize the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a 20' SWM/BMP access easement across the property of RREF II - TFC Wynwood, LLC. Summary of Information: RREF II - TFC Wynwood, LLC has requested the SWM/BMP access easement across its property as the development of Wynwood, Section 6. This Environmental Engineering. New easements will Approval is recommended. District: Matoaca Preparer: John W. Harmon Attachments: 0 Yes vacation of a portion of a 20' shown on the attached plat for request has been reviewed by be dedicated. Title: Real Property Manager FINo 93 -CO -13 72 ON* rotkl���2 Request to Quitclaim a Portion of a Twenty -Foot Storm Water Management Best Management Practice Access Easement Across the Property of RREF II - TFC Wynwood, LLC PORTION OF- 20'SWMIBMP ACCESS EASEMENT TO BE QUITCLAIMED 0" Chesterrield County Department of Utilities .dsmvvb� - AdLWWqL I MVI -291,4'9 t 3 VINIrO&A'kLNnoo C3131=lHaS3HO 101HISIO vovoi vq if c� $q7 z��,_ 957 5R8 y o T O s s g oe j Y 011 QOOMNAA Odl-11 J388 � m �.. 1L o Lo JO SGNVI 3Hl ONISSOaO � O So 0 „2i s;g p€ S1N3W3Sd3SflQlatlACJNIMOHS1Vld o o 5 E £ T— $$ 'U "�ry3R � • ro 3� awry Rhe `���Rtia°yId $ 1 & 11 $n 8r.��s8=s mob w�w� WS� "�.�^ "Sh�"�j 4.. w-3 hw 8 $x^ ox �whi:Ph�w •N• �'�h�v� `t �.. WCi�W O L°i WWWwwWWwwW Ci htii �i�b�b47�WWW WlW4iW��`t`R�Zry dl '.h '.4 I Ri bJcijppi 2 moi' 3y sem•tia �� 44` X00 AAA n 69 P9' 1-29 o7$h MR Pl P622je cs2 E _ ON ^"A�^Yd^o,il $8A$�'`�SSi�3'i'�S' SS ^h^ �.h q �mb+� o mO b,^�• 6\ ' / JO wl0 OYyp�CS m^m ° app ^�-, 5 \ ��. / �\ / c��� ogwt oa ° aW b xw o a m r tza h ^o as wo^ 36 Nh �+c ^Ro 1� n$8 "h Ro O iW 'D 6Z-LZ'6d 8l z'8 d ht Y Zt F°.'n 34W SLS P': �o�N "top°�tia N j R O ib w 't3 n \qih\` ged04 t O N I c IbQ m op C4 540,3/.26 w\ ✓''wo 23 "�'� h1 f9 °—�-'/ �' �� o xW O r� xW --------------------------- OD - D - CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: August 26, 2015 Item Number: 8.B.15.a. Subiect: Request Permission for an Existing and Proposed Fence to Encroach Within a Sixteen -Foot Drainage Easement and an Eight -Foot Easement Across Lot 37, Stonemill, Section D County Administrator's Comments: County Administrator: Board Action Requested Grant Rudolf Butz and Bonnie J fence to encroach within a 16 Lot 37, Stonemill, Section agreement. Summary of Information: Rudolf Butz and Bonnie J. proposed fence to encroach across Lot 37, Stonemill Environmental Engineering, existing storm sewer will Approval is recommended. District: Clover Hill Preparer: John W. Harmon Butz permission for an existing and proposed drainage easement and an 8' easement across D, subject to the execution of a license Butz have requested permission for an existing and within a 16' drainage easement and an 8' easement Section D. This request has been reviewed by Utilities, Comcast Cablevision and Verizon. The not be affected. Attachments: ® Yes FINo Title: Real Property Manager # 0001" Ys ffilreff ink IMAMINCOMMI Request Permission for an Existing and Proposed Fence to Encroach within a Sixteen -Foot Drainage Easement and an Eight -Foot Easement Across Lot 37, Stonemill, Section D Chesterfield County Department of Utilfties S 4D 1 Vin -416,67,Le3 This is to certify that an accurate field survey of the premises shown hereon has been performed under my supervision; that all improvements and nwole evidence of easemems are shown hereon; and that there are no encroachments by improvements either from adjoining promises or from subject premlded other than shown hereon. This survey was pariormed wimout the benefit of a tRle report and h= subject to information whit may be disclosed W such. This dwelling is in FEMA defined flood zone _r_ �= v1G- �o f 3 � Utr'it fry �b t S8!045�/2��� F I Rudolf Butz Bonnie J. Butz �\ ^� 11,9 � 8406 Marwood Dr �o � DB. 6399 PG.1 40 f N IT, ' PIN: 7586 .982598000 ` 35 Z � ko i� 2-, \ X — FENCEr40 lg, f LICENSE ARE p �J�la- rcf G, ° AMRAJOOV hood>�,`r1e n"` 7 'OlelY,JF- 78x? f r rJ �LltH of /_o � w �r� V D. O.?; :0 ti r7. E7Srn Mark B. Beall No. 1613 cOr4VerY2 eVW S Ori _ "d'a su,ft1 kO7— 37, v'E-<27-70n! '�D„ Date: scale: / il- 30 " 047e5iieWi el d' 4fbUf7 , Vir(3;r1i� MUM AND ASSOCi ATES.�C, Job No.: C'9721`1� �/ Pura E3rycrr7 lE'. �a�� ond.Sf�rT'y �t/f�if-fa -COI • I, PLANNERS • ARCHITECTS •ENGINEERS • SURVEYORS ` 12 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 `® AGENDA Meeting Date: August 26, 2015 Item Number: 8.B.15.b. Subject: Request Permission for a Shed and Concrete Pad to Encroach Within an Eight - Foot Drainage and Utility Easement Across Lot 3, Block E, Tinsberry Trace, Section 3 County Administrator's Comments: County Administrator: Board Action Rec Grant Jose C. Herrera and Maria pad to encroach within an 8' Block E, Tinsberry, Section agreement. Summary of Information: G. Herrera permission for a shed and concrete drainage and utility easement across Lot 3, 3, subject to the execution of a license Jose C. Herrera and Maria G. Herrera have requested permission for a shed and concrete pad to encroach within an 8' drainage and utility easement across Lot 3, Block E, Tinsberry, Section 3. This request has been reviewed by county staff, Comcast Cablevision and Verizon and the existing storm sewer will not be affected. A variance for the improvements (15AN0163) was approved by the Board of Zoning Appeals. Approval is recommended. District: Bermuda Preparer: John W. Harmon Title: Real Property Manager Attachments: 0 Yes F-1 No # "VICINITY SKETCH Request Permission for a Shed and Concrete Pad to Encroach within an Eight -Foot Drainage and Utility Easement Across Lot 3, Block E, Tinsberry Trace, Section 3 LU LL LL III REQUEST PERMISSION FOR A SHED AND CONCRETE PAD ti N Chesterfield County Department of Utilities Mslmlah� . AILMWIMIL W No S 1 halt - il 6.679.t 40 SHED AND --�-uRn4ARc�v,.1L� CONCRETE PAD LICENSE AREA �- 8 C)F?Arr.IAG UTI L{'TY EASE M E hi `T" ` r.1. co 2 , 124 - 3 C), to2.0-`02.0' 102. �d'�,2.0• — ' � -7 3. 20' i -7c 5 ( m s} �' _ JOSE C. HERRERA 0 `N o e= 41 ' Iq MARIA G. HERRERA 4 a ti -90 N f4 0 2808 TINSTREE DR N A - 3927 2 DB. 5075 PG. 644 Z T = six �'� N b =04 L = 4)-( to2.C� Co2.0' PIN: 799637225400000 5 5.0' - G -COJE R I V E Ul O >s. �Z •3o E. a o" w. 5 Z 5 ."78 t 47.0 e• R- 87, 0 15, 3 co, ell 10 M ;p9 to 14 m �;, �,AWV m di to 10 4 oO 40 44D 0Q M M 0 j' ,in 14 1,,-<6cv tig M o �u � 6c v 3.` 3�K7 ^� U lr4 vim to 0* N of lc - <0 1. 40' to 1.c �j^/ '17 $J. '�.I q,1 U,' :S.1q• Z Ai 3 0 5 5 to 3� 1 b o • '� Q -••-5 5 ' S S. 844 0- to' E. VL EqS C `.� E C t CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: August 26, 2015 Item Number: 8.B.15.c. Subject: Request Permission for a Proposed Deck to Encroach Within an Eight -Foot Easement Across Lot 7, Block D, Foxberry, Section 1 County Administrator's Comments: County Administrator: Board Action Requeste f. Grant Jamie Rebecca Moya permission for a proposed deck to encroach within an 81 easement across Lot 7, Block D, Foxberry, Section 1, subject to the execution of a license agreement. Summary of Information: Jamie Rebecca Moya has requested permission for a proposed deck to encroach within an 81 easement across Lot 7, Block D, Foxberry, Section 1. This request has been reviewed by county staff, Comcast Cablevision and Verizon. There are no improvements in the easement. Approval is recommended. District: Clover Hill Preparer: John W. Harmon Title: Real Property Manager Attachments: ■ Yes FI No # 01- 0 G _12- a I LTI 0 9 no lI Request Permission for a Proposed Deck to Encroach within an Eight -Foot Easement Across Lot 7, Block D, Foxberry, Section 1 Chesterfield County Departmeptof Utilities .dI . I MM - 416.67 Teel (j,? NOTES: THIS PROPERTY 1S LOCATED IN F.E.M.A. FLOOD ZONE "C". CURRENT OWNER: MARJORIE A. PEGRAM D.6 3457 PG. 5, UTILITIES UNDERGROUND. LEGEND.: o = ROD FOUND s = ROD SET ■ = PEDESTAL •tga DECK LICENSE AREA ' 12'511 54 $9 028 2. *C �� / 6`ti� 5FT6IN �� TO PROPERTY LINE ATTAGFiED 2 FT 4 I N Kaci �a0 j ` SHED INTO EASEMENT ONE W STORY FRAME p C3� F g No. 8409 �8• ;; : �; Jamie Rebecca Moya 8409 Foxberry Dr DB. 9536 PG.. 175 650 o J•� PIN: 757694739200000 -x-,10 app„ L=147.81 R=315-94' x-� ER R PLA7­ ✓HOWINO IMPROfiEMEAMO ON LOT 7 BLOCK 0, PLAN OF "F O XO E R R. Y" .5ECTIOH "9 p 11V T"HE .CLOMER HILL f.�I�7-RIC7- OF CHE57F,'f�REL® COUN7}; VIRGINIA PURCHASERS: --------- ----: CHESTERFIELD COUNTY ep. o� BOARD OF SUPERVISORS Page 1 of 1 uu= Meeting Date: August 26, 2015 Item Number: 8.B.15.d. Subiect: Request Permission for a Proposed Boat Dock to Encroach in the Impoundment Easement for Swift Creek Reservoir County Administrator's Comments: County Administrator: Grant Kamran Raika and Ana Raika permission for a proposed boat dock to encroach in the impoundment easement for Swift Creek Reservoir, subject to the execution of a license agreement. Summary of Information: Kamran Raika and Ana Raika have requested permission for a proposed boat dock to encroach in the impoundment easement for Swift Creek Reservoir adjacent to Lot 4, Waterviews at the Reservoir. The owner has received permission for the construction of the dock from the underlying land owner. This request has been reviewed by Utilities and Environmental Engineering. A building permit is also required. Approval is recommended. District: matoaca Preparer: John W. Harmon Title: Real Property Manager Attachments: Yes No # ,3,4 "VICINITY SKETCH Request Permission for a Proposed Boat Dock to Encroach in the Impoundment Easement for Swift Creek Reservoir Chesterfield County DapaTtment of Utilities rz 1 hn - 416.67 feet REQUEST PERMISSION FOR A PROPOSED BOAT DOCK 0 1 opq:jas LU o Ly (A I hLAjLu 0 O t— rt W > ui LU (� r O j j= Wui Y iCID to a H i W UJ LU 111V F- yf 400° o 3N17 311 �.lt 7b'.LOI ,8-1'00f 3„9Z,65�S. ciui `na f��° _ _ _ _ 11-00i 71 ,9Z'001 '7:L DO1 . yy ,o :�il� �•� !r! ���a' �o►Io �l�ti SIN }4ElcollLM ap 1f e, m lot 7 tUN , � `4 (G70 i'C� D�� /JO'LZt 3„81,OS�10S'g� ti -moi C12 i p , 86 SOI ^M+ A L=&4.74 � R6 �o h 114 I ` N a3t -w - N N M o to to a m t CHESTERFIELD COUNTY i` BOARD OF SUPERVISORS Page 1 of 1 789µ AGENDA Meeting Date: August 26, 2015 Item Number: 8.113.16. Subiect: Conveyance of an Easement to Columbia Gas of Virginia, Inc. County Administrator's Comments: County Administrator: Board Action Requeste : Authorize the Chairman of the Board of Supervisors and the County Administrator to execute an agreement with Columbia Gas of Virginia, Inc. for conveyance of an easement for an existing pipeline and the relocation of a portion of the pipeline for the new addition to the Chesterfield County Administration Building. Summary of Information: Staff recommends that the Board of Supervisors authorize the Chairman of the Board of Supervisors and the County Administrator to execute an agreement with Columbia Gas of Virginia, Inc. for conveyance of an easement for an existing pipeline and the relocation of a portion of the pipeline for the new addition to the Chesterfield County Administration Building. This request has been reviewed by county staff, Comcast Cablevision and Verizon. Approval is recommended. District: Dale Preparer: John W. Harmon Attachments: 0 Yes F-1No Title: Real Propertyger 4 00,0137 "VICINIT'S` SKETCH Conveyance of an Easement to Columbia Gas of Virginia, Inc, 14 CS > n M 114111 I'V111111W I S CONVEYANCE OF AN EASEMENT LU J-1 'Co IN Chesterfield County Department of Utilities w P I I (300J.&S .o v c in 0 111 W cu t• 0 rn 0 0 t Q� v co h m 0 to E L d a, V O a u 0 w Ix x N a E 0 E d 4- L d IA Or u 0 0 i a, t qt tb f` th 0 I to I., to 0 (U i tV Q o� N. 3662484.61 E.• 11771113.71 M/MMS DRIVE (VARIABLE WIDTH 1 L8 L7 _ L4 L3 L2 COUNTY OF CHESTERFIELD GPIN: 771662618100000 D.B. 245, PG. 164 6900 MIMMS DRIVE %N, CENTE WE OF -- 20' WIDE GaAs L 16 PRELAe E4 v cAL- zoo' 20.00=-� L21 all /R Lzo LINE BEARING LENGTH Ll S 25-97 45 £ 176.93' L2 N 8574'22' W 57.96' L3 —N --8-W-4;—"2-7 W 68.83' L4 N 833211- W 11.08' L5 N 044836 W 13.10 L6 N 88'0123 W 50.42' L7 N 87'49.13 W 73.84' L8 N 87'06'45 W 23.44' L9 S 01`40'40 W 10.51' L10 S 087356' W 24.59' L 11 S 3573'40' E 45.25 L 12 S 635643- E 63.15 L13 S 587454 E 46.52 L14 S 24*5445' E 28.18 L15 S 56'4257' £ 90.J4- 0.34•L16 L16 S 8645 01- E 27.06' L17 N 87'7738' E 131.75" L18 S 153121 W 86.37' L19 S 037852 W 141.70' L20 N 8078 48 W 2 L21 N 83'4 35 W 37 STA /E RR � ROAD (VAR/ABLE 10 D7H R/iy) N: 3661946.75 E. 11771730.62 0' loo' 200' Kt/ 8366' CURVE RADIUS LENGTH CHORD CHD BEARING DELTA X67 Cl 2181.55' 15.77 15.7 N 79-46-49- W 1 0-24-51- ORW COLUMBIA GAS OF VIRGINIA, INC. 1M0 15-0378449-00 13-0376514-00 20' WIDE GAS PIPELINE EASEMENT TAX s) ACROSS THE PROPERTY OF DALE COUNTY OF CHESTERFIELD UgMAIR ORAW er strut CON 015 COASTAL NRC 1' — 100' STERFJELD COWSULTANTS uppm WMAH s " VIRGINIA 38040007 P. C. 8-276-136-8 03/17/2015 ow►wt+a Na WMENM 07/22/2015 V41-375-15 (3 ol 013() CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 �f AGENDA IM 4 4C1t�u Meeting Date: August 26, 2015 Item Number: 8.13.17. Subiect: Approval of a Contract for the Donation of a Parcel of Land to the County Adjacent to Manchester Middle School County Administrator's Comments: County Administrator: Board Action Requested Approve a contract for the donation of a parcel of land adjacent to Manchester Middle School from Mary Lewellen Padgett and Larry Scott Daniel and authorize the County Administrator to execute the contract and deed. Summary of Information: Staff requests that the Board of Supervisors approve a contract for the donation of a parcel of land containing 4.4 acres, more or less, as shown on the attached sketch adjacent to Manchester Middle School. The owners' mother Mary Frances Daniel wanted this property to be used for a park and enjoyed by all. Parks and Recreation will use the property for expansion of the school yard and will place a sign or plaque acknowledging the donation in memory of Thomas and Mary Frances Daniel. Acquisition costs, including a Phase I ESA and survey are estimated at $6,000 and there is sufficient funding in the Parks and Recreation Capital Improvements Program budget for these costs. Approval is recommended. District: Midlothian Preparer: John W. Harmon Preparer: Allan M. Carmody Attachments: 0 Yes F-1No Title: Real Property Manager Title: Director of Budget and Management N IN I ilk I I CA: 1 29 A wu Approval. of a Contract for the Donation of a Parcel of Land to the County Adjacent to Manchester Middle School D Manchester Middle Approval of a Contract, for the, Donation of a Parcel of Land Adjacent to Manchester Middle School 7 S CRO (P IN Chesterfield County Departmeit of Util bes 3459 7600 4892 7540 neo` MANC STER F2 + 6318 4110 -7601 7629 1669 7233 7233 7631 7627 7625 .j.Q 7283 72x8 - O� 7619 7621 6 7268 7293 Q� 7623 7617 1233 72a$ 7613 7615 .6376 7701 4339 7729 3354 assn 7741 7645 6i1a 7653 2644 7757 r>r6�r 0 074 2 2607 7660 �Z 044 04 N 4133 y 71 6 3201 .7633 7401. PARCEL TO BE DONATED MANCHESTER MIDDLE SCHOOL 001 3396 C- 31 �Pv 012 ata? °t3 3101 014 7383 6882 3100 011 3102 9679 015 3103 W74 016 010 A CHESTERFIELD COUNTY �Cpp y BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: August 26, 2015 Item Number: 8.8.18. Subiect: Designation of a Temporary Construction Easement and Conveyance of an Easement to Verizon for the Woolridge Road and Otterdale Road Improvements Project County Administrator's Comments: County Administrator: Board Action Rec Designate a temporary construction easement and approve the conveyance of an easement to Verizon for the Woolridge Road and Otterdale Road Improvements Project and authorize the County Administrator to execute the declaration and easement agreement. Summary of Information: In order to construct the Woolridge Road and Otterdale Road Improvements Project, it is necessary that a variable width temporary construction easement be designated and that an easement be conveyed to Verizon. This request has been reviewed by the Transportation Department. Approval is recommended. District: Matoaca Preparer: John W. Harmon Attachments: 0 Yes F-1No Title: Real Property Manager 'VICINITY SKETCH Designation of a Temporary Construction Easement and Conveyance of an Easement to Verizon for the Woolridge Road and Otterdale Road Improvements Project EN w Conveyance of a Verizon Easement declaration of a variab le W' th io Tem0 Woof ra!y onstru .L n Easement t _7 -7 Chesterfield County Department of Utilities I Pion -666.67 tat CII, n"D 0 10 5 = M« 133HS NV Id AVM d01HJI21« S1NMAMM OVO'd'3'{1"4213110 oNV GVO'd 39c3TInn0M 8 � � _ • ,aum,osao.asw. ...� r " m ° �° ••..:..•• ditOwJ SNOWW11 z fit g a k u o W (1)us ��af Rol a g�W� 4 11I z wLE p � °sr 'dLau maa c -� % Fy W 58 • m m r o «Mo d�Z 05 1 a ¢ A�~ r u 1 42 o ¢w7, A o wp z M LL zwv L.._. "" a � 1 1 Y Y D W 0O C}[pR V wz r = �y 's 3 goo ®y�l 00'05+041'tl1S'Ma£�133NS�NIlH�1tlW LU F? ; m gg c � zz w al ut rz- vm g N w g(H)$om W z�`..... ,z .•n�� O � ° LbL c -� % Fy W 58 • m m r o «Mo d�Z 05 1 a ¢ A�~ r u 1 42 o ¢w7, A o wp z M LL zwv L.._. "" a � 1 1 D W 0O C}[pR V wz SEitl_ 's 3 goo ®y�l 00'05+041'tl1S'Ma£�133NS�NIlH�1tlW LU � zz o rz- g N • • V AGENDA . 1 Page 1 of 1 Meeting Date: August 26, 2015 Item Number: 8.13.19. Subiect: Award of Requirements Contract for Electrical Engineering Services to Baskervill County Administrator: Board Action Reguest6d: Authorize the County Administrator to execute a requirements contract with Baskervill for electrical engineering services for various county projects. Summary of Information: Following a request for proposal process, Baskervill was chosen to provide electrical engineering services for county facilities. These services include but are not limited to lighting and lighting control system evaluations, fire alarm system analysis, emergency support system studies for uninterrupted power supplies and generators, electrical service design, training and consultation services. The contract is for one year, with the possibility of four (4) one year renewals. The actual value of this contract will depend on current and future needs for professional electrical engineering services resulting from construction, renovations, maintenance and repairs. Preparer: Robert C. Key Title: Director of General Services Attachments: Yes ® No # CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: August 26, 2015 Item Number: 8.B.20. Subject: Authorization for the County Administrator to Execute the Special Project Service Agreement for Collecting, Transporting and Processing Used Electronic Equipment County Administrator's Comments: County Administrator: Board Action Requested: Authorize the County Administrator to sign the special project service agreement with the Central Virginia Waste Management Authority (CVWMA) for collecting, transporting and processing used electronic equipment. Summary of Information: The subject agreement is to provide used electronic equipment collection, transportation and processing. Electronic equipment contains toxic substances and heavy metals which can be diverted from landfills through recycling, while efficiently meeting regulatory requirements. The previous agreement with CVWMA and Creative Recycling Services, Inc. for this service expired in January 2015. On January 30, 2015, CVWMA signed a memorandum of understanding (MOU) with eWaste Tech Systems until a new contract could be established. The county is currently operating under this MOU. The term of this service agreement is for a three (3) year term commencing on or about July 1, 2015, through June 30, 2018, with one (1) additional three- year renewal option. The county currently recycles approximately 100 tons of used electronics annually, with an estimated cost of $10,000. We anticipate a similar volume of used electronics collection in FY2016; however, expenses will approximately double due to increased cost of leaded glass disposal and pick-up fees. Preparer: Robert C. Key Title: Director of General Services Attachments: 0 Yes F-1 No # 00015 SPECIAL PROJECT SERVICE AGREEMENT FOR COLLECTING, TRANSPORTING, AND PROCESSING USED ELECTRONIC EQUIPMENT This SPECIAL PROJECT SERVICE AGREEMENT (hereinafter "Service Agreement) is made by and between the CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY (hereinafter "CVWMA" or "Authority", its successors and assigns, having its principal place of business at 2104 West Laburnum Avenue, Suite 105, Richmond, Virginia 23227; and (if executed on the appropriate page 12 — signature — end page of this agreement). COUNTY OF CHESTERFIELD (CHE), COUNTY OF HANOVER (HAN), COUNTY OF HENRICO (HEN), COUNTY OF NEW KENT (NKT), COUNTY OF GOOCHLAND (GOC), COUNTY OF POWHATAN (POW), and CITY OF RICHMOND (RIC) (Hereinafter, collectively, "Participating Local Jurisdictions" unless later amended). ARTICLE I - PURPOSE A. CVWMA and the Participating Local Jurisdictions (collectively the "Parties") enter into this Service Agreement pursuant to the authority of the Virginia Water and Waste Authorities Act (Title 15.2, Chapter 51 of the Code of Virginia, 1950 as amended), and the Articles of Incorporation of the CVWMA. The purpose of this Service Agreement is to establish a special project for Collecting, Transporting, and Processing of Used Electronic Equipment within the Participating Local Jurisdictions as authorized by Section 11 of the Articles. B. The CVWMA, subject to the terms and conditions of this Agreement, agrees to implement Collecting, Transporting, and Processing of Used Electronic Equipment as reflected in a Contract for these services with eWaste Tech Systems and approved and authorized by the CVWMA Board of Directors by Resolution 15-21 on June 19, 2015 and as described in RFP 15- 03, issued April 15, 2015 (hereinafter "RFP"); and in accordance a proposal offered by and negotiated with eWaste Tech Systems. C. The Participating Local Jurisdictions agree to participate in the Special Project according to the terms and conditions of this Agreement. ARTICLE II - DEFINITIONS For the purpose of this Agreement, the definitions contained in this Section shall apply unless otherwise specifically stated. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. Use of the masculine gender shall include the feminine gender. The word "shall" is always mandatory and not merely discretionary. 1. Authority or CVWMA - shall mean the Central Virginia Waste Management Authority, the instrumentality created under the provisions of the Virginia Water and Waste Authorities Act, §15.2-5100, et seq., and includes the individual members (or voting alternates) of the CVWMA Board of Directors, and the officers, agents or employees of the Central Virginia Waste Management Authority. For the purposes of this Service Agreement, "Authority" shall 0 2452191 not include the governing bodies, the individual elected officials of the Participating Local Jurisdictions served by this Service Agreement, except those elected officials who serve as members or alternates of the CVWMA Board of Directors, nor the employees or agents of the Participating Local Jurisdictions acting on behalf of their employer or principal, respectively. 2. Contract — shall mean the written document and all amendments thereto, between the CVWMA and the Contractor, governing the provision of Collecting, Transporting, and Processing of Used Electronic Equipment. 3. Contractor - shall mean the individual, firm, partnership, joint venture, corporation, or association performing Collecting, Transporting, and Processing of Used Electronic Equipment under the Contract with the Central Virginia Waste Management Authority (CVWMA). For purposes of this Contract this shall mean eWaste Tech Systems. 4. Central Processing Unit (CPU) — shall mean the part of the computer that interprets and executes instructions and contains circuit boards and various other electronic components. 5. e -Cycle Collection Events — a one day collection event where residents, business and/government entities can drop off Used Electronics Equipment for recycling. 6. Force Majeure — shall mean any cause beyond the reasonable control of the party whose performance under this Contract is adversely affected, more detail is included in Section 11 below. 7. Member Jurisdictions - shall mean the members of the CVWMA including the Counties of Charles City, Chesterfield, Goochland, Hanover, Henrico, New Kent, Powhatan and Prince George; the Cities of Colonial Heights, Hopewell, Petersburg, Richmond and the Town of Ashland. 8. e -Cycling - shall mean the recycling of Used Electronic Equipment. 9. Monitor — shall mean the device utilized to display images generated by the computer. It may be a cathode ray tube (CRT) or liquid crystal display (LCD). 10. Participating Local Jurisdictions— shall mean those Member Jurisdictions that have executed this Special Project Service Agreement for Used Electronic Equipment Recycling Services pursuant to Article 11 of the CVWMA Articles of Incorporation. 11. Special Project Service Agreement — shall mean this agreement between the CVWMA and the Participating Local Jurisdictions specifying the terms and conditions under which those jurisdictions will participate in the program outlined in the Contract between the CVWMA and the Contractor. 12. Used Electronic Equipment — includes but is not limited to the following items: computer monitors, televisions, including consoles, Central Processing Units, hard drives, Printers, copiers, laptop computers, wires, cables, UPS, Computer mice, keyboards, speakers, scanners, fax machines, modems, telephones, video game systems, and all home electronics (i.e., VCR's, DVD players, cellular phones, camcorders, cameras, stereos, etc.). Collecting, Transporting, and Processing of Used Electronic Equipment Page 2 2452191 2� ARTICLE lilt. TERM OF AGREEMENT A. This Agreement shall be for a three (3) year term commencing on or about July 1 1, 2015 and ending June 30, 2018. B. Option to Renew. The CVWMA and a Participating Local Jurisdiction by written mutual agreement, may extend this Agreement under the same terms and conditions for one (1) additional three (3) year period commencing on or about July 1, 2018. However, during the renewal process the Contractor may petition CVWMA to modify an existing term to reflect any market change to effectuate the intent and scope of services outlined in this Contract. An extension of this Agreement shall be made in writing not less than ninety (90) days prior to the expiration of its term. ARTICLE IV. SCOPE OF SERVICES A. At e -Cycle Collection Events, the Contractor shall provide services to collect Used Electronic Equipment at events held in Participating Local Jurisdictions as determined by CVWMA or the Participating Local Jurisdiction in which the event is held. The Participating Local Jurisdiction in which the event is held shall pay the Contractor through CVWMA for staging and hauling fees. Other fees will be paid to the Contractor by the recyclers. The collected Used Electronic Equipment shall be reused, remanufactured, or recycled. The Contractor, CVWMA and Participating Local Jurisdiction will coordinate the events as noted in Section 3, paragraphs B and C. B. The Contractor shall be responsible for all staffing, traffic control, logistics support, transportation and operation of the e -Cycling Collection Events. Staff at the Collection Events shall have some type of formal identification on their person such as ID badge, monogram shirt or uniform. C. e -Cycling Collection Events may be held on any day of the week, including Saturday and Sunday as determined by CVWMA. Events will normally last for less than 8 hours at times mutually agreed upon by the Contractor and CVWMA. CVWMA will notify Contractor of dates and sites selected by Participating Local Jurisdictions for events 14 days prior to the scheduled events where possible. Contractor will accept as a minimum, all Used Electronic Equipment as defined in Section 1, paragraph L. at all events. D. The Contractor shall ensure that all Used Electronic Equipment collected, including but not limited to used computers, electronics and associated materials (except residue materials) shall be reused, remanufactured or recycled and marketed as commodities such as but not limited to steel, other metals and/or Plastics. No material shall be illegally disposed or disposed in a manner inconsistent with any federal, state or local law, rule, regulation or ordinance. Certificates of recycling will be provided by the Contractor as requested by CVWMA or the Participating Local Jurisdictions. E. The Contractor shall, at a minimum, follow the Federal CRT Rule and Mercury Rule established by the U.S. EPA when handling computer and television monitors and these guidelines shall be incorporated by reference as terms of this Collecting, Transporting, and Processing of Used Electronic Equipment Pa ,3, 2452191 JUG 2 01 agreement. The Contractor shall only send material (including monitors) to those remanufacturing or recycling facilities in North America certified by competent authority to provide these services unless otherwise approved by CVWMA. F. The Contractor shall provide trailers to sites as identified and requested by Participating Local Jurisdictions for collecting Used Electronic Equipment. Upon notification by CVWMA that the trailer is full, the Contractor shall, within five (5) business days of notification, switch out the trailer and process the material collected for a fee as listed in Section 4. G. The Contractor shall ensure that all data stored on the hard drives of all Used Electronics Equipment collected at e -Cycling Collection Events or from Scheduled Pick-ups at Collection Sites will be properly destroyed before they are reused or shipped for remanufacturing or recycling to standards set by the United State Department of Defense for data destruction. H. During Collection Events, the Contractor shall collect monies for CRT TVs and CRT monitors. Each resident that delivers these items shall receive receipt of payment. I. The Contractor shall provide CVWMA with a monthly activity report not later than the tenth day of the following month describing the equipment collected the previous month. The Contractor shall provide, on a monthly basis, enumeration (if applicable), documentation (i.e.; bills of lading, receipts, certificates of recycling) of the proper management or disposal of materials collected in accordance with federal, state and local regulations of materials. J. The Contractor shall accept Used Electronic Equipment from Participating Local Jurisdictions. The Contractor shall pick-up collected Used Electronic Equipment from a Participating Local Jurisdiction as outlined in Section 4 for a hauling fee in addition to the other recycling fees. At their option, the Participating Local Jurisdictions may deliver the Used Electronics Equipment to the Contractor for recycling fees with no hauling fee. K. The Contractor will be advised of the designated collection site for events by the CVWMA a minimum of 14 days prior to the scheduled event. The collection sites may be located in any of the CVWMA Member Jurisdictions. Any person from any Member Jurisdiction may participate in any event, regardless of location of the collection site. L. Annual Recycling Rate Report: Contractor shall provide information for the annual Virginia Recycling Rate Report as specified in VAC 20-130-10 et seq. upon request by CVWMA. ARTICLE V. COMPENSATION FOR SERVICES AND RATE ADJUSTMENTS A. Billing and Payment: If payment for services is required under the terms of the contract, the CVWMA shall make payments to the Contractor within thirty (30) days after receipt of a complete and satisfactory billing invoice as long as such invoice is received by the 10th of the month. No payment will be due until thirty (30) days after project operations have begun. No invoice will be submitted for work that has not as yet been performed. Collecting, Transporting, and Processing of Used Electronic Equipment Page 4 2452191 L'..d 02 02 B. E;ees!Revenues for Electronic Equipment Recycling: a. E -cycling Collection Event Fees i. Staging and Transportation fee - $700 per event ii. CRT Monitor Recycling fee - $10 per unit (to be paid by participant bringing the monitor to the event to the Contractor, except when, prior to the event, the host locality elects to pay this fee) iii. CRT Television Recycling fee - $10 per unit (to be paid by participant bringing the monitor tot the event to the Contractor, except when, prior to the event, the host locality elects to pay this fee) iv. CPU and computer laptop Revenue - $2 per unit (to be credited to CVWMA by Contractor). v. Other Used Electronic Equipment as described in Section 1, definition L. and electrical appliances (anything with a plug) to include microwaves — no charge vi. CVWMA and the Participating Local Jurisdiction through prior arrangement may agree to pay the Contractor fees listed in above items ii and iii in lieu of requiring the recycler to pay the fees. vii. No charge for flat screen TVs or monitors. b. Collection Site i. $300 for one pick-up per day, $0.34 per pound fee for CRT Monitors/ Televisions and $2.00 credit for CPUs and computer lap -tops. ii. If two or more pick-ups required on the same day the hauling fee will be $500 for the entire day. iii. No charge for flat screen TVs or monitors. c. Drop -Site: i. $400 per month rental fee plus the $0.34 per pound for CRT Televisions and monitors processing. $2.00 credit for CPUs and computer laptops. ii. No charge for flat screen TVs or monitors. C. Payment for Non -Performance: Failure by the Contractor to fulfill its obligations (including obligations involving compliance with federal, state and/or local laws, regulations or rules) in the manner required by Contract shall result in payment for non-performance to the CVWMA as indicated below. If payment is due the Contractor, the non-performance payment shall be deducted from any amounts due the Contractor. If no amounts are due the Contractor, the Contractor shall remit the non-performance payment to the CVWMA on receipt of written demand from the CVWMA. Ten-day advance written notice will be provided to the Contractor of the CVWMA's intent to invoke the payment for non-performance clause for Contract violations. The penalties are as follows: a. Failure to maintain and/or submit all $100.00 per occurrence reports and rebates as required by the provisions of this Contract. b. Failure to appear at a Scheduled Pick-up $2,000 per occurrence or e -Cycle Collection Event without two week notice. E. Petition for Unusual or Unanticipated Costs: The Contractor may petition the CVWMA at any time for adjustments or additions to associated fees on the basis of unusual Collecting, Transporting, and Processing of Used Electronic Equipment Page 5 2452191 changes, such as new or revised laws, ordinances or regulations, or other reasons. The CVWMA shall have the right, as a pre -condition for approval of such petition, to demand inspections by itself, or by an independent auditor or consultant, of pertinent records that demonstrate the "unusual changes" resulting in the need for an adjustment to the fees. ARTICLE VI. PAYMENT TERMS A. The Participating Local Jurisdictions shall pay CVWMA for services provided pursuant to this Agreement as summarized in Article V above. The Participating Local Jurisdictions agree to pay any service fee adjustments approved by the CVWMA that are required under the Contract implementing this Agreement. Participating Local Jurisdictions agree to pay any service fee adjustments approved by the CVWMA that result from changes in service implemented in Participating Local Jurisdictions. B. The CVWMA shall prepare and submit to the Participating Local Jurisdictions in June for July, of each year, an advanced monthly billing invoice for estimated service to be performed. The CVWMA will retain these funds and apply them to following June invoice. C. The CVWMA will issue monthly invoices for service to cover the Contractor's billings with documentation from the Contractor to support the request for payment. Participating Local Jurisdictions agree to pay invoices within twenty-five (25) business days from the date of receipt by the Participating Local Jurisdiction for services to be received and final bill received from the Contractor for services. For June invoices CVWMA will apply the advance payment submitted by the Participating the previous July. ARTICLE VII. SERVICE INQUIRIES AND COMPLAINTS The CVWMA will be responsible for communicating to the Contractor service issues and other matters of concern received from the Participating Local Jurisdictions and residents served by the Collecting, Transporting, and Processing of Used Electronic Equipment program. ARTICLE VIII. NON -APPROPRIATION The Collecting, Transporting, and Processing of Used Electronic Equipment services implemented and governed by this Agreement are funded solely through funds appropriated to the CVWMA by the Participating Local Jurisdiction. The continuation of the terms, conditions and provisions of this Agreement beyond the end of any government fiscal year is subject to the approval and ratification by the governing body of the Participating Local Jurisdiction and appropriation of the necessary money to fund this Agreement for the succeeding fiscal year by the Participating Local Jurisdiction. ARTICLE IX. FORCE MAJEURE A. Force Majeure shall mean any cause beyond the reasonable control of the party whose performance is affected, including but not limited to acts of God, war, riot, fire, explosion, wind storm, flood, inability to obtain or use fuel, power, or raw materials, shortage or failure of the e Collecting, Transporting, and Processing of Used Electronic Equipment Page 6 2452191 0 002E usual means of transportation, injunction, action by governments not party to this Agreement, accident, or breakdown of machinery or equipment. Reasonable control of a party shall specifically exclude that party's ability to reach agreement in a labor dispute and that party's ability to settle or compromise litigation. B. Failure of any party to perform under this Agreement by reason of Force Majeure shall not constitute default or be cause for termination of this Agreement. However, the party so failing to perform shall immediately notify the CVWMA and the Participating Local Jurisdiction in writing of the failure, including reasons for such failure, and shall make reasonable efforts to correct such failure and to continue performance at the earliest possible date. C. Should the CVWMA be unable to complete performance under this Contract due to the Contractor's failure to perform by reason of Force Majeure, it shall, where practicable, take all reasonable steps to secure another vendor to perform the work as described in the Agreement according to the already established schedule of rates, fees and charges. Should the CVWMA be unable to secure a vendor to perform according to the established schedule of rates, fees and charges, the parties may agree to a new schedule by written amendment to this Agreement. If the parties are unable to agree on a new schedule, this Agreement shall terminate. ARTICLE X. - TITLE TO MATERIALS Title to Used Electronic Equipment collected pursuant to this Agreement shall pass to the Contractor when removed by the Contractor from the customer's vehicle, placed in the Contractor's collection vehicle, or removed by the Contractor. At no time shall CVWMA have title to any material. ARTICLE XI. NO PARTNERSHIP Nothing herein shall be construed to constitute a joint venture between the Contractor, the CVWMA and the Participating Local Jurisdiction or the formation of a partnership. ARTICLE XII. TERMINATION A. In the event the Participating Local Jurisdiction lawfully fails to appropriate funds to pay for services received under this Agreement, this Agreement shall terminate within the Participating Local Jurisdiction. The Participating Local Jurisdiction shall make every effort to notify the CVWMA of its inability to appropriate funds at least ninety (90) days prior to its effective date. B. if the CVWMA's Contractor fails to perform in a satisfactory manner, or fails to perform in accordance with the terms of the Contract or applicable federal, state and local laws, regulations and ordinances, the Participating Local Jurisdiction shall have the right to demand, in writing, adequate assurance from the CVWMA and the Contractor that steps have been or are being taken to rectify the situation. Within ten (10) days of receipt of such a demand, the CVWMA shall obtain a response from the Contractor and said response will be immediately forwarded to the Participating Local Jurisdiction. The CVWMA will determine, in consultation with the Participating Local Jurisdiction, if the situation has been rectified. However, final decision on whether a situation has been rectified shall rest in discretion of CVWMA after investigation. CVWMA shall provide written notice of its decision in this regard to the Participating Local Jurisdiction and Contractor within 15 days of receipt if demanded from Participating Local Jurisdiction. In the event that the Contractor has not corrected the situation in accordance with the terms of the Contract with the CVWMA, the Participating Local Jurisdiction may render notice of termination or participation under Collecting, Transporting, and Processing of Used Electronic Equipment Page U. _. 2452191 the terms of the Agreement with the receipt of written notification to the CVWMA provided not less than 90 days prior to termination. ARTICI.E. XIII. AUDIT PROVISIONS A. CVWMA's records, which shall include but not be limited to all documents, accounting records, written policies and procedures, contract files (including proposals of successful and unsuccessful offerors), payroll records, original estimates, estimating worksheets, correspondence, change order files (including documentation covering negotiated settlements), and any other supporting evidence necessary to substantiate charges related to this Agreement, shall be open to inspection by the Participating Local Jurisdiction and subject to audit and/or reproduction, during normal working hours or at such other times as are mutually agreed upon by the parties, to the extent necessary to adequately permit evaluation and verification of any invoices, payments or claims submitted by CVWMA or any of its agents or vendors pursuant to this Agreement. B. For the purpose of such audits, inspections, examinations and evaluations, the Participating Local Jurisdiction' agent or authorized representative shall have access to records from the effective date of this Agreement, for the duration of the Agreement, and until five (5) years after the date of final payment by the Participating Local Jurisdiction to CVWMA for each fiscal year of service pursuant to this Agreement. C. The Participating Local Jurisdiction' agent or authorized representative shall have reasonable access to CVWMA's facilities, shall have reasonable access to all necessary records, and shall be provided reasonable access to adequate and appropriate work space in order to conduct audits in compliance with this Article. Participating Local Jurisdiction' agent or authorized representative shall give the CVWMA reasonable advance notice of intended audits. ARTICLE XIV. LICENSES, PERMITS AND CERTIFICATES The responsibility for ensuring that all licenses, permits and certificates required in connection with any and all parts of the Special Project implemented by this Agreement rests with the Contractor. ARTICLE XV. INSURANCE, INDEMNIFICATIONS AND PERFORMANCE BONDS/LETTERS OF CREDIT A. The Contractor shall be required to carry for the life of its Contract with the CVWMA, Public Liability Insurance, with a company licensed to do business in the Commonwealth of Virginia and in the amount and coverage specified below, in addition to any other contractual liability assumed by the Contractor. The Contractor shall, prior to commencement of work under the Contract, deliver a Certificate of Insurance from a carrier acceptable to the Contractor specifying such limits, with the CVWMA and the Participating Local Jurisdiction in this special project named as additional insured parties. In addition, the insurer shall agree to give the CVWMA thirty (30) days written notice of its decision to cancel, change or fail to renew coverage. CVWMA will notify the Participating Local Jurisdiction if this occurs. The CVWMA reserves the option to increase the required insurance amounts if the Contract is renewed beyond the initial six and a half year term. Worker's Compensation Coverage A - Statutory Requirements Collecting, Transporting, and Processing of Used Electronic Equipment Page 8 _'� 2452191 G G:�'. �; 2. Automobile Liability, Including_ Owned Non -Owned and Hired (CIr Coverage Limits of Liability - $2,000,000 Combined Single Limit for Bodily Injury and Property Damage 3. Comprehensive General Liability Limits of Liability - $2,000,000 Combined Single Limit for Bodily Injury and Property Damage Including: Completed Operations/Products Contractual Liability for Specified Agreements Personal Injury Broad Form Property Damage NOTE: The levels of coverage required in 2 and 3 can be met either by the primary policy alone or in concert with an excess liability policy. Pursuant to the Contract with the Contractor, the Contract shall be subject to termination by the CVWMA at any time if said insurance shall be canceled by the issuing company or the insurance company is relieved from liability for any reason. Notice of cancellation must be provided to the CVWMA one hundred and twenty (120) days prior to the effective date of said cancellation. The Contract will not be terminated, if within five (5) working days of receipt of such notice, the affected Contractor files with the CVWMA a certificate evidencing similar insurance coverage to be effective for the balance of the Contract period. B. The Contractor and any subcontractors shall indemnify and hold the CVWMA and its officers, agents and employees and the Participating Local Jurisdiction and its officers, agents and employees harmless from and defend against all claims, damages, losses and expenses, including attorney fees, of whatever kind or nature arising out of or resulting from the Contractor's or any of its subcontractors' providing or failing to provide any construction, product, goods, or services required under the Contract, including, but not limited to, any such claim, damage, loss or expense, that is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom, or to economic loss; provided, however, that the Contractor's or any of its subcontractors' indemnification obligation under the scope of service of the Contract shall be limited to claims, damages, losses, and expenses caused in whole or in part by any negligent act or omission of the Contractor or any subcontractor performing work required by the Contractor's Contract with the CVWMA, or anyone directly or indirectly employed by any of them or anyone for whose acts the Contractor or any subcontractor may be liable. Bringing of a suit on one or more causes of action will not prejudice or bar subsequent suits on any other causes of action, whether it accrued before or after the first suit. The Contractor and any subcontractors shall indemnify and hold the CVWMA and its officers, agents and employees and the Participating Local Jurisdiction and their officers, agents and employees, harmless from and defend against all claims (legal, equitable or administrative), damages, losses, expenses (including expert witness fees), consultant and attorney fees, remediation costs, removal costs, clean-up costs and all other costs, liabilities or expenses arising out of or resulting from the performance of services set forth in the Contract, or the failure to perform said services. It is understood that this indemnification shall extend to any and all claims against the CVWMA or the Participating Local Jurisdiction by third -parties or agencies of the federal, state or local governments for any environmental liability due to a release of pollutants to Collecting, Transporting, and Processing of Used Electronic EquipmentPa�e�< ,_ 2452191 the environment, whether imposed by statute, ordinance, regulation or common law, relating to activities under the Contract. It is expressly understood that the CVWMA and the Participating Local Jurisdictions shall have no title to any of the materials collected, transported and disposed of by the Contractor pursuant to the terms of the Contract. This Section shall survive the expiration or termination of the Contract. C. The Contractor shall furnish to the CVWMA, and keep current during the term of its Contract, including renewals if applicable, a performance bond for the faithful performance of the Contract and all obligations arising hereunder in the amount equal to thirty percent (30%) of the estimated annual cost of the Contract. Performance bonds may be adjusted at each anniversary of the Contract. Performance bonds shall be executed by a surety company licensed to do business in the Commonwealth of Virginia; having an "A-" or better rating by A. M. Best or Standard and Poor's; and included on the list of surety companies approved by the Treasurer of the United States. Performance bonds shall be in a form acceptable to the CVWMA and included as an Attachment to the respective Contract covering the faithful performance of the Contract. The CVWMA may allow an irrevocable letter of credit in lieu of the performance bond with a banking institution and on terms and conditions acceptable to the CVWMA. Should the financial condition of the surety or banking institution become unacceptable to the CVWMA, the Contractor shall be notified in writing of that unacceptability. Within sixty (60) days of receipt of said notification, the Contractor shall furnish such additional bond or substitute letter of credit at the Contractor's expense as may be required by the CVWMA to protect its interests. The Contract shall be subject to termination by the CVWMA at any time if said bond or letter of credit shall be canceled or the surety thereon relieved from liability for any reason. Notice of cancellation of the bond or letter of credit must be served upon the CVWMA one hundred and twenty (120) days prior to the effective date of said cancellation. The Contract will not be terminated, if within five (5) working days of receipt of such notice if the Contractor files with the CVWMA a similar bond or letter of credit to be effective for the balance of the Contract period. ARTICLE XVI. TITLES OF SECTIONS Section headings inserted herein are for convenience only, and are not intended to be used as aids to interpretation and are not binding on the parties. ARTICLE XVII. AMENDMENT No modification or amendment of the terms hereof shall be effective unless written and signed by the authorized representatives of all parties entitled to receive a right or obligated to perform a duty under this Agreement. A signed original is to be fastened to the original Agreement with signed copies retained by all the parties. The written modification shall become effective according to the schedule agreed upon by the parties and set forth in any amendment to this Agreement. ARTICLE XVIII. MERGER CLAUSE: PREVIOUS AGREEMENTS SUPERSEDED This Special Project Service Agreement shall constitute the final and complete agreement and understanding between the parties. All prior and contemporaneous agreements and understandings, whether oral or written, are without effect in the construction of any provision or term of the Agreement. Collecting, Transporting, and Processing of Used Electronic Equipment 'aP �, r 2452191 CIO, � , 2 ARTICLE XIX.: SEVERABILITY AND WAIVER. In the event any provision of this Agreement shall be held to be invalid and unenforceable, the remaining provisions shall be binding upon the parties. One or more waivers by either party of any provision, term, condition, or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. ARTICLE XX. - DELEGATION Neither the Participating Local Jurisdiction, nor the Contractor nor the CVWMA shall delegate its duties under this Agreement without the written consent of the other. Further, as also referenced in Section 25 of the Contract, no assignment of this Contract or any right accruing under this Contract shall be made, in whole or in part, by Contractor without the express written consent of the CVWMA and the Participating Local Jurisdiction. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK Collecting, Transporting, and Processing of Used Electronic Equipment Page 11 2452191 J C",4y IN WITNESS WHEREOF, CVWMA and the Participating Local Jurisdiction have caused this Agreement to be executed on their behalf which shall be effective as of the day last executed by each of the parties. APPROVED AS TO FORM: kte)Candlish Holton, P.C. ., �01 • a 0-1 1 q, County Attorney VW, F-3 I'll VIM41 Wk � 17 By: 9)/kp JQ Kimberly Xes Executive Director Date: -3 James J. L. Stegmaier County Administrator Special Project Service Agreement for Chesterfield MSW Collection 2015 Pa 12 2452191 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 K AGENDA Meeting Date: August 26, 2015 Item Number: 8.8.21. Subiect: Appropriation of Funds Related to Taxation Management System Project County Administrator's Comments: County Administrator: The Board is requested to appropriate $400,000 in funds from residual judicial sales proceeds to the Taxation Management System Project. Summary of Information: The Board approved the Taxation Management System project to modernize the taxation and revenue management capabilities of the County, replacing a mainframe system dating back to the 1980's. Following a successful procurement process, a contract was signed in January 2015 with Professional Consultancy International, LLC (PCI) for off-the-shelf software and services to implement the system, contingent upon confirming the suitability of the software for the county. A detailed examination of the off-the-shelf software was completed in June 2015, confirming its suitability with limited modifications to support the continuation of mission -critical service delivery for the citizens. The project has been professionally managed by a contract project manager from Impact Makers, LLC for the first two phases of the project, which has yielded substantial contractual savings. This action is requested to fund the necessary modifications to the base product and to ensure a successful project completion by Fall 2016. The project budget after the appropriation will be $3,920,000. Staff recommends approval, as judicial sales revenues are available for appropriation. Preparer: Sheryl D. Bailey Preparer: Allan Carmody Title: Deputy County Administrator Title: Director of Budget and Management Attachments: 17 Yes 0 No # 0, 0. Com '`° CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 4 Meeting Date: August 26, 2015 Item Number: 9.A. Subject: Developer Water and Sewer Contracts County Administrator's Comments: County Administrator: The Board of Supervisors has authorized the County Administrator to execute water and/or sewer contracts between County and Developer where there are no County funds involved. The report is submitted to Board members as information. Summary of Information: The following water and sewer contracts were executed by the County Administrator: 1. Contract Number: 07-0394 Project Name: Willow Creek Section 3 Location: 10700 Willow Hill Court Developer: Bayhill Development Corporation Contractor: Coastal Utilities Incorporated Contract Amount: Water Improvements - $ 76,615.40 Wastewater Improvements - $ 122,455.00 District: Matoaca Preparer: Michael A. Nannery, P. E. Attachments: Flyes ® No Title: Assistant Director of Utilities CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 4 AGENDA Summary of Information: (Continued) 2. Contract Number: 08-0042 Project Name: Michaux Village Section 1 Location: 1320 Winterfield Road Developer: Rebkee Partners Winterfield, LLC Contractor: Richard L. Crowder Construction Company Contract Amount: Water Improvements - $ 20,094.11 District: Midlothian 3. Contract Number: 10-0052 Project Name: Wynwood Section 6 Location: 6300 Woolridge Road Developer: RREF II - TFC Wynwood, LLC Contractor: Castle Equipment Corporation Contract Amount: Water Improvements - $ 40,155.72 Wastewater Improvements - $ 149,496.25 District: Matoaca 4. Contract Number: 12-0112 Project Name: Foxfield - Swift Fox Drive Extension, Phase III Location: 6300 Woolridge Road Developer: RREF II - TFC Wynwood, LLC Contractor: Castle Equipment Corporation Contract Amount: Water Improvements - $ 53,247.05 District: Matoaca 06 1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 3 of 4 AGENDA Summary of Information: (Continued) 5. Contract Number: 14-0224 Project Name: Taco Bell/Steak 'N Shake at Westchester Commons Location: 100 Schofield Drive Developer: Restaurant Property Investors II, LLC Contractor: BTS Construction Company Contract Amount: Water Improvements - $ 17,940.00 Wastewater Improvements - $ 9,950.00 District: Midlothian 6. Contract Number: 14-0255 Project Name: Wynwood at Foxcreek Section 11 Location: 6400 Woolridge Road Developer: RREF II - TFC Wynwood, LLC Contractor: Castle Equipment Corporation Contract Amount: Water Improvements - Wastewater Improvements - District: Matoaca 7. Contract Number: 14-0199 Project Name: Magnolia Green Maintenance Facility Location: 17308 Hull Street Road Developer: 6801 Woolridge Road - Moseley LP Contractor: Castle Equipment Corporation Contract Amount: Water Improvements - Wastewater Improvements - District: Matoaca $ 93,979.70 $ 18,088.44 $ 9,701.00 $ 85,105.01 '' z CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 4of4 Summary of Information: (Continued) 8. Contract Number: 14-0264 Project Name: Kroger R-523 Store and Fuel Center Expansion Location: 14101 Midlothian Turnpike Developer: 14111 Midlothian Turnpike, LLC Contractor: Godsey and Son Incorporated Contract Amount: Water Improvements - $ 2,000.00 District: Midlothian 9. Contract Number: 15-0118 Project Name: River Road (6710) Water Meter and Sewer Lateral Location: 6710 River Road Developer: J.J. & Barbara A. Sturt Contractor: W. M. Harman Construction Company, Inc. Contract Amount: Water Improvements - $ 1,300.00 Wastewater Improvements - $ 7,500.00 District: Matoaca 10. Contract Number: Project Name: Location: Developer: Contractor: Contract Amount: District: 15-0174 Parker Lane (12630) Water Meter and Sewer Lateral 12630 Parker Lane Edward Griffin W. M. Harman Construction Company, Inc. Water Improvements - $ 2,000.00 Wastewater Improvements - $ 4,500.00 Bermuda CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: August 26, 2015 Item Number: 9.113. Subiect: Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds, and Lease Purchases County Administrator's Comments: County Administrator: Board Action Requested: Acceptance of attached report. Summary of Information: Preparer: James J. L. Stegmaier Title: County Administrator Attachments: 0 Yes ❑ No # CHESTERFIELD COUNTY GENERAL FUND BALANCE Budgeted Ending Balances 8/26/2015 % of General Fund Fiscal Year Budgeted Expenditures 2012 $53,495,000 8.2% 2013 $53,495,000 8.0% 2014 $55,000,000 8.1% 2015 $57,248,000 8.1% 2016 $58,668,400 8.1% *Effective FY2012, the Board of Supervisors adopted a change to the financial policy ratio to raise the targeted fund balance level from 7.5 percent to 8.0 percent CHESTERFIELD COUNTY RESERVE FOR FUTURE CAPITAL PROJECTS 8/26/2015 Board Meeting Date Description Amount Balance 4/10/2013 FY2014 Capital Projects (14,695,500) 5,980,897 FOR FISCAL YEAR 2013 BEGINNING JULY 1, 2012 Additional funding for Bon Air Library renovation project (43,000) 3/28/2012 FY2013 Budget Addition 13,905,000 17,394,080 3/28/2012 FY2013 Capital Projects (13,199,300) 4,194,780 1/22/2013 Return funds from completed projects 368,699 4,563,479 3/15/2013 Return funds from completed projects 171,301 4,734,780 6/19/2013 Return funds from completed projects 8,358 4,743,137 6/30/2013 Return funds from completed projects 343,260 5,086,397 FOR FISCAL YEAR 2014 BEGINNING JULY 1, 2013 4/10/2013 FY2014 Budget Addition 15,590,000 20,676,397 4/10/2013 FY2014 Capital Projects (14,695,500) 5,980,897 10/23/2013 Additional funding for Bon Air Library renovation project (43,000) 5,937,897 FOR FISCAL YEAR 2015 BEGINNING JULY 1, 2014 4/23/2014 FY2015 Budget Addition 23,885,400 29,823,297 4/23/2015 FY2015 Capital Projects (21,529,100) 8,294,197 Additional funding for renovations to the Police building and 8/27/2014 adjoining lobby area (1,000,000) 7,294,197 3/27/2015 Return funds from completed projects 20,865 7,315,062 4/7/2015 Return funds from completed projects 18,333 7,333,395 5/29/2015 Return funds from completed projects 523 7,333,918 6/10/2015 Return funds from completed projects 4,573 7,338,491 CHESTERFIELD COUNTY RESERVE FOR FUTURE CAPITAL PROJECTS 8/26/2015 Board Meeting Date Description Amount Balance 6/30/2015 Return funds from completed projects 10,359 7,348,850 4/15/2015 FY2016 Budget Addition 4/15/2015 FY2016 Capital Projects *Pending outcome of audit results 24,488,500 (23,886,000) 31,837,350 * 7,951,350 G 5 CHESTERFIELD COUNTY DISTRICT IMPROVEMENT FUNDS 8/26/2015 Maximum Balance Carry Over Pending from FY2015 Funds Used Items on Board District Prior Years Appropriation Year to Date 8/26 Agenda Approval Bermuda $32,053 $33,500 $0 $0 $65,553 Clover Hill 34,003 33,500 6,903 0 60,600 Dale 37,500 33,500 0 0 71,000 Matoaca 26,913 33,500 0 0 60,413 Midlothian 37,500 33,500 0 0 71,000 County Wide 0 0 0 0 0 *Pending Outcome of Audit Results C, `0 SCHEDULE OF CAPITALIZED LEASE PURCHASES APPROVED AND EXECUTED Prepared by Accounting Department July 31, 2015 Outstanding Date Original Date Balance Began Description Amount Ends 7/31/2015 04/99 Public Facility Lease — Juvenile Courts Project $ 16,100,000 01/20 $ 4,110,000 (Refinanced 10/10) 03/03 Certificates of Participation* — Building Construction, Expansion and Renovation 6,100,000 11/23 310,000 03/04 Certificates of Participation* — Building Construction, Expansion and Renovation; Acquisition/Installation of Systems 21,970,000 11/15 350,000 10/04 Cloverleaf Mall Redevelopment Project** 16,596,199 12/15 7,484,947 12/04 Energy Improvements at County Facilities 1,519,567 12/17 424,086 05/05 Certificates of Participation* — Building Acquisition, Construction, Installation, Furnishing and Equipping; Acquisition/Installation of Systems 14,495,000 11/24 1,960,000 05/06 Certificates of Participation* — Building Acquisition, Construction, Installation, Furnishing and Equipping; Acquisition/Installation of Systems 11,960,000 11/24 4,315,000 08/07 Certificates of Participation — Building Expansion/Renovation, Equipment Acquisition 22,220,000 11/27 14,050,000 06/12 Certificates of Participation Refunding — Building Acquisition, Construction, Expansion, Renovation, Installation, Furnishing and Equipping; Acquisition/Installation of Systems; Equipment Acquisition 19,755,000 11/24 18,535,000 9/14 Dell Financial/Chromebooks 4,146,000 01/17 2,471,023 *Partially Refinanced 06/12 **Amended and restated 12/14 TOTAL APPROVED AND EXECUTED 134,861,766 54,010,056 PENDING EXECUTION Approved Description Amount None 1�002021,11 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 . AGENDA 17.9 Meeting Date: August 26, 2015 Item Number: 14.A. Subiect: Resolution Recognizing Boy Scouts Upon Attaining the Rank of Eagle Scout County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution. Summary of Information: Staff has received requests for the Board to adopt resolutions recognizing Mr. Joseph Richard Corbett, Troop 876, sponsored by Mt. Pisgah United Methodist Church, Mr. Tyler Alexander Zawislak and Mr. Ian Alexander Owens, both of Troop 2806, sponsored by Woodlake United Methodist Church, Mr. Joseph Roosevelt Matthews, Troop 2860, also sponsored by Woodlake United Methodist Church, Mr. Gabriel Michael Romito, Troop 436, sponsored by St. Bridget Catholic Church, and Mr. Curtis Don Miles, II, Troop 100, sponsored by Gillfield Baptist Church, upon attaining the rank of Eagle Scout. They will be present at the meeting, accompanied by members of their families, to accept their resolutions. Preparer: Janice Blakley Attachments: ■ Yes Title 1:1 No Clerk to the Board f 00 2AZ0'2 WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least 21 merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to their community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law, Mr. Joseph Richard Corbett, Troop 876, sponsored by Mt. Pisgah United Methodist Church, Mr. Tyler Alexander Zawislak and Mr. Ian Alexander Owens, both of Troop 2806, sponsored by Woodlake United Methodist Church, Mr. Joseph Roosevelt Matthews, Troop 2860, also sponsored by Woodlake United Methodist Church, Mr. Gabriel Michael Romito, Troop 436, sponsored by St. Bridget Catholic Church, and Mr. Curtis Don Miles, II, Troop 100, sponsored by Gillfield Baptist Church, have accomplished those high standards of commitment and have reached the long -sought goal of Eagle Scout, which is received by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through their experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare themselves for a role as leaders in society, Joe, Tyler, Ian, Joseph, Gabriel and Curtis have distinguished themselves as members of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 26th day of August 2015, publicly recognizes Mr. Joseph Richard Corbett, Troop 876, sponsored by Mt. Pisgah United Methodist Church, Mr. Tyler Alexander Zawislak and Mr. Ian Alexander Owens, both of Troop 2806, sponsored by Woodlake United Methodist Church, Mr. Joseph Roosevelt Matthews, Troop 2860, also sponsored by Woodlake United Methodist Church, Mr. Gabriel Michael Romito, and Mr. Curtis Don Miles, II, extends congratulations on their attainment of Eagle Scout, and acknowledges the good fortune of the county to have such outstanding young men as its citizens. CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 . AGENDA 'a„]if9 Meeting Date: August 26, 2015 Item Number: 14.B. Subject: Resolution Recognizing Mr. Len Tuck, President of the Bon Air Historical Society County Administrator's Comments: County Administrator: —Z Board Action Regues d: Mr. Gecker requests that the Board of Supervisors adopt the attached resolution recognizing Mr. Len Tuck for his outstanding service as the president of the Bon Air Historical Society and his good stewardship of the historical, cultural and architectural legacy of Bon Air. Summary of Information: Mr. Len Tuck is stepping down as president of the Bon Air Historical Society after ten years of service. During his time as president, he was instrumental in preserving and restoring significant historical structures in Bon Air, promoting the area and educating visitors though tours and special events, and building strong relationships with businesses and residents in the community. Preparer: Susan Pollard Title: Director, Public Affairs Attachments:® Yes 1:1No # RECOGNIZING MR. LEN TUCK FOR HIS OUTSTANDING SERVICE TO BON AIR AND THE BON AIR HISTORICAL SOCIETY WHEREAS, Mr. Tuck has worked tirelessly over the past decade as the President of the Bon Air Historical Society to preserve and promote good stewardship of the historical, cultural and architectural legacy of Bon Air; and WHEREAS, Mr. Tuck has spearheaded the restoration of the Hazen Memorial Library, the first lending library in Chesterfield County, which was built in 1902, and had fallen into significant disrepair prior to Mr. Tuck's purchase; and WHEREAS, the library project is now almost complete, and Mr. Tuck also has restored the Perrows store building, the Hazen House, built in 1885, and multiple other properties in Bon Air, and he is currently planning restoration of the historic Mercer-Fraker house; and WHEREAS, Mr. Tuck has helped to open many historic homes in Bon Air to the community through home and garden tours, which enabled some of these treasures to be seen by the public for the first time; and WHEREAS, Mr. Tuck and his wife Robin have graciously hosted many social events, including an annual Valentine's Day Tea, and allowed the use of their property for the long-running Bon Air Victorian Day Festival and Parade; and WHEREAS, Mr. Tuck initiated the "Keep Bon Air Beautiful" campaign and has worked with Norfolk Southern Railway to ensure and promote the future beautification of the historic Bon Air depot site; and WHEREAS, Mr. Tuck has set a very high standard for integrity in conducting the business of the Bon Air Historical Society and for the community; and WHEREAS, Mr. Tuck has served with humbleness while keeping Bon Air beautiful and promoting better relationships with the business village and surrounding communities. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 26th day of August 2015, publicly recognizes the outstanding contributions of the Mr. Len Tuck, expresses the gratitude of all Chesterfield County residents for his many years of service, and extends its best wishes and continued success in all of his future endeavors. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Tuck and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. `00 CHESTERFIELD COUNTY y BOARD OF SUPERVISORS Page 1 of 1 AGENDA �RGIK'tl Meeting Date: July 22, 2015 Item Number: 17.A. Subiect: Public Hearing to Consider Amendments to the County Code to Replace References to Chapter 19 (Old Zoning Ordinance) with References to Chapter 19.1 (New Zoning Ordinance) County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached ordinance amendments. Summary of Information: On June 24, 2015, with the exception of zoning ordinance provisions relating to signs, the Board of Supervisors repealed the old zoning ordinance (Chapter 19 of the County Code) and replaced it with the new "Bridge -The -Gap" zoning ordinance (Chapter 19.1 of the County Code). In a number of places, other chapters of the County Code still reference Chapter 19 and need to be changed. The attached ordinance amendments would change those references to the new Chapter 19.1, thereby conforming the County Code to the new zoning ordinance. Preparer: Jeffrey L. Mincks Attachments: 0 Yes Title: County Attorney 1928:94719.1 No # AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 4-11,4-13,4-21, 5-7.4,6-41.1, 8.1, 8-3, 8-6,8-25,13-62, 14-32, 15-122.1, 15-122.7, 15-122.9, 15-124, 18-60, and 18-61 RELATING TO CHAPTER 19 and CHAPTER 19.1 BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 4-11, 4-13,4-21, 5-7.4, 6-41.1, 8.1, 8-3, 8-6, 8-25, 13-62, 14-32, 15-122.1, 15-122.7, 15-122.9, 15-124, 18-60, and 18-61 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted, to read as follows: Chapter 4 ANIMALS AND POULTRY iil Sec. 4-11. Definitions. For the purposes of this article, these words and phrases shall have the following meanings: Pig or pigs: Swine of all ages and types except Vietnamese pot-bellied pigs kept as household pets in compliance with chapter 19.1. ili Sec. 4-13. Article supplementary to zoning ordinance. The provisions of this article are supplementary to the provisions of chapter 19.1. iii Sec. 4-21. - Definitions. Kennel: An enclosure in compliance with chapter 19.1 in which four or more dogs, four months or older, are kept and from which they cannot escape. Z--' 7 1928:94693.2 000 Chapter 5 BUILDINGS 000 Sec. 5-7.4. Same—Procedures for declaring blight; notification of owner, public hearings. 111 (e) The planning commission shall determine whether: (1) The property is blighted; (2) The owner has failed to cure the blight or present a reasonable pian to do so; (3) The plan for the repair or other disposition of the property is in accordance with the county's comprehensive plan, zoning ordinance, and other applicable land use regulations; (4) The property is located within an area listed on the National Register of Historic Places or, pursuant to chapter 19.1 of this Code, is located within an historic district or is a designated landmark. In such instances, the planning commission shall consult with the preservation committee regarding the proposed repair or other disposition of the property; and (5) If the property is to be acquired, whether the property is occupied for personal residential purposes and whether it has been condemned for human habitation for more than one year. 000 Chapter 6 BUSINESS LICENCES ,Roil] Sec. 6-41.1. - Adult business operator. Every person operating an adult business as defined in chapter 19.1 shall pay a license tax of $100.00, which shall be in addition to any other taxes or fees required for the sale of food and drinks or the provision of services. 1928:94693.2 2 Chapter 8 111 Sec. 8-1. - Purpose and authority. (a) The purpose of this chapter is to ensure the general health, safety, and welfare of the citizens of the county and protect the quality and quantity of state waters from the potential harm of unmanaged stormwater, including protection from land disturbing activity causing unreasonable degradation of properties, water quality, stream channels, and other natural resources, and to establish procedures whereby Stormwater requirements related to water quality and quantity shall be administered and enforced. (b) This chapter is intended to facilitate integration of the county's stormwater management requirements with the county's regulations relating to erosion and sediment control (article Zn II) illicit discharges to the stormwater sewer system (article III), and the Chesapeake Bay Preservation Act requirements (chapter 19.1, article W V, division -4-2). (c) This article is adopted pursuant to Code of Virginia, § 62.1-44.15:27. 'U1111 Sec. 8-3. - Stormwater permit requirement; exemptions. (a) Except as provided herein, no person may engage in any land -disturbing activity until a VSMP authority permit has been issued by the environmental engineer in accordance with the provisions of this chapter. (b) A Chesapeake Bay Preservation Act Land -Disturbing Activity is not subject to general permit coverage, however it shall be subject to an erosion and sediment control plan consistent with the requirements of article II and, if applicable, a stormwater management plan as outlined under section 8-6, the technical criteria and administrative requirements for land -disturbing activities outlined in section 8-9, and the requirements for control measures long-term maintenance outlined under section 8-10. Additional requirements relating to the Chesapeake Bay Preservation Act can be found in chapter 19.1 (zoning). 111 Sec. 8-6. - Stormwater management plan; contents of plan. (a) The stormwater management plan, required in section 8-4, must apply the stormwater management technical criteria set forth in section 8-9 to the entire land disturbance activity. Individual lots in new residential, commercial, or industrial developments shall not be considered to be separate land -disturbing activities. The stormwater management plan must also consider all sources of surface runoff and all sources of subsurface and groundwater flows converted to surface runoff. The stormwater management plan shall include the following information: 1928:94693.2 3 v (1) Information on the type and location of stormwater discharges; information on the features to which stormwater is being discharged including surface waters and the predevelopment and post -development drainage areas; (2) Contact information including the name, address, email and telephone number of the owner and the tax reference number and parcel number of the property or properties affected; (3) A narrative, included with the construction plans submitted for review and approval in accordance with chapters 17 and 19.1, that includes a description of current site conditions and final site conditions; [Alii] Sec. 5-25. - Responsibility for the erosion and sediment control plan. The owner shall be responsible for preparing, submitting and implementing the erosion and sediment control plan. The owner shall also be responsible for the following: (a) Engaging the services of a responsible land disturber as defined in this chapter; (b) Maintaining all measures required by the erosion and sediment control plan; (c) Removing erosion and sediment control measures after the environmental engineer determines that the land is stabilized; (d) Removing all sediment from sediment basins that are to be converted to permanent best management practice facilities as required by the environmental engineer; and (e) All sediment basins constructed in conjunction with single family subdivisions or sections thereof that drain to the Swift Creek Reservoir must remain in place and fully stabilized until such time as compliance with subsection 19 238(d)(1) 19.1-541.4 has been achieved. (f) The restoration or repair of properties and/or waters that have been adversely affected by the transport of sediment from the project site which is deemed necessary by the environmental engineer. 000 Chapter 13 MOTOR VEHICLES AND TRAFFIC 111 Sec. 13-62. - Restriction on keeping inoperable motor vehicles; removal of such vehicles. (a) It shall be unlawful for any person, firm or corporation to keep, except within a fully enclosed building or otherwise shielded or screened from view, on any property zoned A, R, R-TH, R -MF, O and C, as those zoning classifications are defined in chapter 19.1, any motor vehicle, trailer or semitrailer, as such are defined in Code of Virginia, § 46.2-100, as 1928:94693.2 4 X30 amended, which is inoperable. As used in this section "shielded or screened from view" means not visible by someone standing at ground level from outside of the property on which the subject vehicle is located. (b) Notwithstanding subsection (a) above, not more than one motor vehicle, trailer or semitrailer, as such are defined in Code of Virginia, § 46.2-100, as amended, which is inoperable may be kept outside of a fully enclosed building, provided it is shielded or screened from view by covers, on any property zoned A, R, R-TH, R -MF, MH -1, MH -2, O and C, as defined in chapter 19. 1, if the vehicle is kept in the rear yard of the property. The rear yard shall be the yard extending between the rear line of the lot and the nearest line of the rear of the main building on the lot. (c) The owners of property zoned A, R, R-TH, R -MF, MH -1, MH -2, O and C, as defined in chapter 19.1, shall remove from their property any inoperable motor vehicles, trailers or semitrailers which are in violation of this section, within ten days after being given notice by the county to remove such inoperable motor vehicles, trailers or semitrailers. Notice to remove shall be deemed given when mailed by certified mail, return receipt requested, to the same address to which real estate tax bills are mailed to such owners of property. If the owners of the property do not remove the inoperable motor vehicles, trailers or semitrailers from the property within ten days after being given notice to do so by the county, then the county, its agent or employees may remove the inoperable motor vehicles, trailers or semitrailers from the property. After giving an additional ten days' notice to the owners of the vehicles, the county may dispose of such motor vehicles, trailers or semitrailers. Notice of disposal of such motor vehicles, trailers or semitrailers is given when mailed by certified mail, return receipt requested, to the last known address of the owner of the inoperable motor vehicles, trailers or semitrailers. Notwithstanding the other provisions of this section, if the owner of such vehicle can demonstrate that he is actively restoring or repairing the vehicle, and if it is shielded or screened from view, the vehicle and one additional inoperable motor vehicle being used for restoration or repair may remain on the property. 000 Chapter 14 OFFENSES — MISCELLANEOUS 000 Sec. 14-32. - Operation of hotel or motel; prohibited conduct. (a) For the purpose of this section, the terms "hotel" and "motel" are defined as provided in chapter 19.1 of this Code. The term "obscene" means that which, considered as a whole, has as its dominant theme or purpose an appeal to the prurient interest in sex, such as a shameful or morbid interest in nudity, sexual conduct, sexual excitement, excretory functions or products or sadomasochistic abuse, and which goes beyond customary limits of candor in description or representation of such matters and which, taken as a whole, does not have serious literary, artistic, political or scientific value. 1928:94693.2 5 0 C 0 2 e I 111 Chapter 15 REGULATED OCCUPATIONS AND SERVICES 111 Sec. 15-122.1. - Adult business permits required from chief of police—Application. (a) Every person desiring a business license to operate an adult business, as defined in chapter 19.1, shall first apply to the chief of police, or his designee, for a permit to conduct such activity. Each such application shall be accompanied by a fee in the amount of $62.00. The permit shall be valid for a period of 12 months and may be renewed subject to the same requirements as the initial permit. (b) Information required on the permit application shall include, but not be limited to, the following: 000 (9) A description of the intended business activity and, if adult entertainment as defined in chapter 19.1 is to be provided, a description of such entertainment. 111 Sec. 15-122.7. - Regulations pertaining to adult businesses providing adult entertainment. (a) For purposes of this section, "adult entertainment" is defined as dancing, modeling or other live entertainment if the performers' performance is characterized by an emphasis on "specified anatomical areas" or "specified sexual activities" as defined in chapter 19.1, or is intended for the sexual stimulation or titillation of patrons. Sec. 15-122.9. - Regulations pertaining to all adult businesses. (a) Sexually explicit material shall not be displayed in the windows of adult businesses. Further, adult merchandise as defined in chapter 19.1 shall not be visible from any point outside the establishment. Sec. 15-124. - Regulations applying to adult businesses and non -adult businesses. Businesses that offer after May 29, 2002 that portion of adult merchandise, as defined in chapter 19. 1, which is intended for the sexual stimulation or titillation of patrons for sale or rent 1928:94693.2 6 shall not permit entry to persons under age 18 or must segregate the adult merchandise from the other merchandise and structure the display of the adult merchandise to prevent examination, perusal, or viewing of such merchandise by juveniles. 000 Chapter 18 WATER AND SEWERS 000 Sec. 18-60. - Required use of utility system. The distance extensions described in this section shall be measured from the nearest existing line as measured along the most reasonable extension route, as determined by the director of utilities. A. Residential. For the purposes of this section, the term "dwelling unit" shall be as defined in chapter 19.1 and shall not include a dwelling unit that is being rebuilt due to damage by fire, flood, explosion, earthquake, storm or other act of God provided such reconstruction occurs within two years of the damage. 1. Public water system. Connection to the public water system shall be required for new dwelling units when: a) Property line is within 200 feet of a water line unless the required on-site service line is greater than 400 feet; b) Located within a lot subdivision recorded with requirement for connection; c) Located within a lot subdivision which is located in the area shown as "required" on the residential public water connection area on the GIS map that receives after March 12, 2014 either: (i) Preliminary plat approval or (ii) Final plat approval where there are 50 or fewer lots and the subdivider has chosen not to submit a preliminary plat; or d) Located in a multifamily development. 111 Sec. 18-61. - Exceptions to use of utility systems. A. An exception to the requirements of sections 18-53(a) and 18-60 A.l.c), A.2.c), B.l.a), and B.2. may be granted as follows: 1. Submission of an application with a $1000.00 fee to the planning department. 1928:94693.2 7 2. The director of planning shall process the application and provide notice as outlined for zoning approval in chapter 19.1. 3. In conjunction with the director of utilities, the director of planning shall review the application and make a recommendation to the planning commission. A recommendation for the exception approval may include a recommendation for the imposition of conditions. The recommendation shall consider whether: a) The use of a private system will encourage future area development inconsistent with the comprehensive plan; and b) The ability to extend public system to other property will be adversely affected 000 (2) That this ordinance shall become effective immediately upon adoption. 1928:94693.2 Richmoub gimes-3zfivatirb Advertising Affidavit 300 E. Franklin Street Richmond, Virginia 23219 (804) 649-6208 COUNTY OF CHESTERFIELD BOARD OF SUPERVISORS P.O. BOX 40 9901 LORI RD. CHESTERFIELD, VA 23832 Account Number 3005440 Date August 19, 2015 Date Category Description Ad Size Total Cost 08/19/2015 Meetings and Events TAKE NOTICE Take notice that the Board of Supervisors of CI 2 x 28 L . 272.00 TAKE NOTICE Take notice that the Board of Supervisors of Chesterfield County, Vir- ginia, at an adjourned meeting on Wednesday, August 26, 2015, at 630 p m. in the County Public Meeting Room at the Chesterfield Administra tion Building, Route 10 and Lon Road, Chesterfield, Virginia, will hold a public hearing where persons may appear and present their views con- cerning: An ordinance to amend the Code of the County of Chesterfield, 1997, as amended, by amending and reenacting Sections 4-11,4.13,4.21, 5.1.4, 6.41.1,8.1,8.3,8.6, 8 25,13.62,14.3I,15.122.1,15.122.7, 15.121.9,15.124,18.60, and 18.61 to replace references to Chapter 19 (Old Zoning Ordinance)with references to Chapter 19.1 (New Zoning Ordinance), The proposed ordinance is on file in the County Administrator's Office and the Clerk to the Board's Office (Room 504) at the Lane B. Ramsey Administration Building, 9901 Lori Road, Chesterfield Virginia, for public examination between the hours of 8:30 am. and 5:00 p.m. of each regu- lar business day. The hearing is held at a public facility designed to be accessible to per- sons with disabilities. Any persons with questions on the accessibility of the facilityy a the need for reasonable accommodations should con. tact Janice Blakley, Clerk to the Board, at 748.1200. Persons needing in- terpreter services for the deaf must notify the Clerk to the Board no lat- er than Friday, August 21, 2015. Publisher of the Richmond Times -Dispatch This is to certify that the attached TAKE NOTICE Take notice was published by the Richmond Times -Dispatch, Inc. in the City of Richmond, State of Virginia, on the following dates: 08/12, 08/19/2015 The First insertion being given ... 08/12/2015 Newspaper reference: 0000195250 Sworn to and subscribed before me this 111111111 11111111111111111 L0a, - Notary Public V Supervisor State of Virginia City of Richmond My Commission expires KIMBERLY B HARRIS NOTARY FL.J0UC Commonwealth of Virginia 356753 My Commission Expires Jan 31, 2017 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: August 26, 2015 Item Number: 17.B. Subiect: Public Hearing to Consider Code Amendments Relative to Small Cell Technology County Administrator's Comments: County Administrator: Board Hold a public hearing and adopt the attached Code Amendment. Summary of Information: PLANNING COMMISSION ACTION AND RECOMMENDATION On June 16, 2015, following a public hearing, the Planning Commission, by unanimous vote recommended approval of the attached ordinance amendment. Small cell technology works in tandem with the existing wireless infrastructure to improve coverage in high -traffic areas and to increase capacity. Currently, small cell units are not specifically addressed in the Zoning Ordinance and, as such, are regulated as communications towers. The proposed amendment would define and permit small cells as a restricted use in all zoning districts, subject to substantial accord determination. Should any of these restrictions not be met, conditional use approval would be required. (Attachment 1) Preparer: Kirkland A. Turner Attachments: 0 Yes F1 No Title: Director of Planninq AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 19.1-52,19.1-53, and 19.1-570 OF THE ZONING ORDINANCE RELATING TO REQUIREMENTS FOR COMMUNICATION SMALL CELLS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19.1-52, 19.1-53 and 19.1-570 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted to read as follows: 3000 2 3 2723:94487.1 1 e 2723:94487.1 P=Permitxdtu Right R-dRS=Pernuedithl4stricdons A=Accessory C=Coadnioa, Lis, S=Sfedal EYeep000 M=Mmnufxct..dHD—Pe[ndt Zoning Districts Use .R-7 R -C RTII R -MF, MH -1 lMH-2 MH -3 A 0-1 '.0-2 C-1 C-2 C-3 C-4 C3 I-1 1-2, 1-3 thro 88 Communication Conwwnication egntpwent C R(2) P P P P nwxu actnrin Conununicalion C P P P P P P P P office C—unication R R R R R R R R R R R R R R R R R R snulll cell Conwwnication C P P P P P P P P studio and station Conwwnication R R R R R R R R R R R R R R R R R P tower 2723:94487.1 1. R-88, R-40, R-25, R-15, R-12, R-9, R-7, R -C Districts R-TH District MH -1, MH -2, MH -3 Districts OPTION 1 -Architecturally incorporated a. Antenna is architecturally incorporated into the design of a building on property used primarily for nonresidential purposes such as, but not limited to, churches or schools, b. Mechanical equipment associated with the antenna is screened in accordance with Section 19.1-317.D.1 • and c. At such time that the small cell ceases to be used for communications purposes for 3 consecutive months, the antenna and all associated equipment are removed from the property. OPTION 2- Pole Mounted a. Antenna is mounted on a pole having a minimum height of 20 feet which supports an athletic field light,parkin lot of light, street light or utilit line; ine; b. Antenna does not exceed a height of 10 feet above the height of the pole; c. Antenna does not protrude more than 2 feet from the pole; d. A maximum of 1 antenna is located on the pole, e. Antenna does not exceed a diameter of 16 inches; f. The visual impact of the antenna and mounting equipment is minimized through the use of, but not limited to, color, material or design, as determined by the planning department; g_ Pole -mounted mechanical equipment cabinet does not exceed seven (7) cubic feet in size; h. Ground -mounted mechanical equipment associated with the antenna shall be screened in accordance with Section 19.1-317.D.1 • and i. At such time that the small cell ceases to be used for communications purposes for 3 consecutive months, the antenna and all associated equipment are removed from the property_ 2723:94487.1. 2. R -MF District: OPTION 1 -Architecturally incorporated a. Antenna is either architectural) i�rporated into the design of a multifamily building of 2 or more stories, or a building on property used primarily for nonresidential purposes such as, but not limited to, churches or schools; b. Mechanical equipment associated with the antenna is screened in accordance with Section 19.1-317.D.1• and c. At such time that the small cell ceases to be used for communications purposes for 3 consecutive months, the antenna and all associated equipment are removed from the property_ OPTION 2 -Pole -Mounted a. Antenna is mounted on a pole having a minimum height of 20 feet which supports an athletic field light, parking lot light, street light or utilit line; ine; b. Antenna does not exceed a height of 10 feet above the height of the pole, c. Antenna does not protrude more than 2 feet from the pole; d. A maximum of 1 antenna is located on the pole; e. Antenna does not exceed a diameter of 16 inches; £ The visual impact of antenna and mounting equipment is minimized through the use of, but not limited to, color, material or design, as determined by the planning department; CF Pole -mounted equipment cabinet does not exceed seven (7) cubic feet in size: h. Ground -mounted mechanical equipment associated with the antenna shall be screened in accordance with Section 19.1-317.D.1• and i. At such time that the small cell ceases to be used for communications pu_pr oses for 3 consecutive months, the antenna and all associated equipment are removed from the property_ 3. A District: OPTION 1 -Architecturally incorporated a. Antenna is architectural) incorporated into the design of a building on property used primarily for nonresidential purposes such as, but not limited to, silos, churches or schools; b. Mechanical equipment associated with the antenna is screened in accordance with Section 19.1-317.D.1• and c. At such time that the small cell ceases to be used for communications purposes for 3 consecutive months, the antenna and all associated equipment are removed from the property_ 2723:94487.1 OPTION 2 -Pole -Mounted a. Antenna is mounted on a pole having a minimum height of 20 feet which supports an athletic field light, parkin lot of light, street light or utility line; b. Antenna does not exceed a height of 10 feet above the height of the pole; c. Antenna does not protrude more than 2 feet from the pole; d. A maximum of 1 antenna is located on the pole; e. Antenna does not exceed a diameter of 16 inches-, £ The visual impact of antenna and mounting equipment is minimized through the use of, but not limited to, color, material or design as determined by the planning department; g. Pole -mounted equipment cabinet does not exceed seven (7) cubic feet in size: h. Ground -mounted mechanical equipment associated with the antenna shall be screened in accordance with Section 19.1-317.D.1• and i. At such time that the small cell ceases to be used for communications purposes for 3 consecutive months, the antenna and all associated equipment are removed from the property. 4. 0-1, 0-2 Districts C-1, C-2, C-3, C-4, C-5 Districts I-1 District: OPTION 1 -Architecturally incorporated a. Antenna is architecturally, incorporated into the design of a building_ b. Mechanical equipment associated with the antenna is screened in accordance with Section 19.1-317.D.1; and c. At such time that the small cell ceases to be used for communications purposes for 3 consecutive months, the antenna and all associated equipment are removed from the property. OPTION 2 -Pole -Mounted a. Antenna is mounted on a pole having a minimum height of 20 feet which supports an athletic field light, parkin lot of light, street light or utility line, b. Antenna does not exceed a height of 10 feet above the height of the pole; c. Antenna does not protrude more than 2 feet from the pole, d. A maximum of 1 antenna is located on the pole; e. Antenna does not exceed a diameter of 16 inches-, f. The visual impact of antenna and mounting equipment is minimized through the use of, but not limited to, color, material or design, as determined by the planning department; g. Pole -mounted equipment cabinet does not exceed seven (7) cubic feet in size: h. Ground -mounted mechanical equipment associated with the antenna shall be 2723:94487.1 screened in accordance with Section 19.1-317.D.1, and i. At such time that the small cell ceases to be used for communications purposes for 3 consecutive months, the antenna and all associated equipment are removed from the property. 5. I-2, I-3 Districts: OPTION 1 -Architecturally incorporated a. Antenna is architecturally. i�rporated into the design of a building,-. b. Mechanical equipment associated with the antenna is screened in accordance with Section 19.1-317.D.2; and c. At such time that the small cell ceases to be used for communications purposes for 3 consecutive months, the antenna and all associated equipment are removed from the property. OPTION 2 -Pole -Mounted a. Antenna is mounted on a pole having a minimum height of 20 feet which supports an athletic field light, parking lot light, street light or utility line; b. Antenna does not exceed a height of 10 feet above the height of the pole; c. Antenna does not protrude more than 2 feet from the pole; d. A maximum of 1 antenna is located on the pole; e. Antenna does not exceed a diameter of 16 inches; f. The visual impact of antenna and mounting equipment is minimized through the use of but not limited to, color, material or design, as determined by the planning department; g_ Pole -mounted equipment cabinet does not exceed seven (7) cubic feet in size: h. Ground -mounted mechanical equipment associated with the antenna shall be screened in accordance with Section 19.1-317.D.2; and i. At such time that the small cell ceases to be used for communications purposes for 3 consecutive months, the antenna and all associated equipment are removed from the property. OPTION 3 -View minimized a. Antenna and mounting equipment are screened from view of adjacent R, R-TH, R -MF, MH, O, C, or I-1 zoned property, or A property designated on the comprehensive plan for R, R-TH, R -MF, MH, O, C, or I-1 zoning, and roads that are designed to accommodate through traffic movements; b. View of the antenna and mounting equipment from limited access roads is minimized through site or architectural design, topography, landscaping, setbacks or other features, c. Mechanical equipment associated with the antenna is screened in accordance with Section 19.1-317.D.2; and d. At such time that the small cell ceases to be used for communications purposes 2723:94487.1 for 3 consecutive months, the antenna and all associated equipment are removed from the property. 000 For the purposes of this chapter, the following words and phrases shall have the following meanings: 000 Communication small cell: Low -powered radio access antenna, together with associated mounting and mechanical equipment, which extends wireless communications systems service coverage and increases network capacity, and such antenna is attached either to a pole which supports an athletic field light, parkin lot of light, street light or utility line, or to a building. 000 (2) That this ordinance shall become effective immediately upon adoption. 0 2723:94487.1 7 lichmonb i5imes-33zfivatch Advertising Affidavit 300 E. Franklin Street Richmond, Virginia 23219 (804)649-6208 COUNTY OF CHESTERFIELD BOARD OF SUPERVISORS P.O. BOX 40 9901 LORI RD. CHESTERFIELD, VA 23832 Account Number 3005440 Date August 19, 2015 Date Category Description Ad Size Total Cost 08/19/2015 Meetings and Events TAKE NOTICE Take notice that the Board of.Supervisors of CI 2 x 34 L 326.00 TAKE NOTICE Take notice that the Board of Supervisors of Chesterfield County, Vir- ginia, at an adjourned meeting on Wednesday, August 26, 2015, at 630 pm. in the County Public Meeting Room at the Chesterfield Administra- tion Building, Route 10 and Lori Road, Chesterfield, Virginia, will hold a public hearing where persons may appear and present their views con- cerning: An ordinance to amend the Code of the County of Chesterfield, 1997, as amended, by amending and reenacting Sections 19.1.52,19.1.53, and 19.1-570 relating to Communication Small Cells. Among other things, the ordinance would define communication Small Cells (low -powered radio access antennas used to extend wireless communications coverage), provide that the use be permitted with restrictions In all zoning districts, establish restrictions for the use related to height, location, size, screening, and other standards, and require thatthe use be removed when no longer used for three consecutive months. The proposed ordinance is on file in the County Administrator's Office and the Clerk to the Board's Office (Room 504) at the Lane B. Ramsey Administration Buildin , 9901 Lori Road, Chesterfield Virginia, for public examination between the hours of 8:30 am. and 5:00 pm. of each regu- lar business day. R further information is desired, please contact the Planning Department at 748-1050, between the hours of 8:3Q am, to 5:00 pm. Monday through Friday. The hearing is held at a public facility designedto be accessible to per- sons with disabilities. Any persons with questions on the accessibility of the facl'ddyy or the need for reasonable accommodations should con- tact Janice Blakley, Clerk to the Board, at 748.1200. Persons needing In" to for the deaf must notify the Clerk to the Board no lat- er Ihan Friday, AuqustI1, 2015. Publisher of the Richmond Times -Dispatch This is to certify that the attached TAKE NOTICE Take notice was published by the Richmond Times -Dispatch, Inc. in the City of Richmond, State of Virginia, on the following, dates: 08/12, 08/19/2015 The First insertion being given ... 08/12/2015 Newspaper reference: 0000195265 Sworn to and subscribed before me this du Nory Public Supervisor 14 KIMSERLY 0 HARRIS NOTARY PUBLIC Commonwoelth of Virginia State of Virginia 356753 City of Richmond My Commission Expires Jan 31, 2017 My Commission expires THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU CHESTERFIELD COUNTY yBOARD OF SUPERVISORS Page 1 of 2 AGENDA ' 17d9 �8GR1T' Meetinq Date: August 26, 2016 Item Number: W.C. Subiect: Public Hearing to Consider Appropriation of up to $70,000,000 in Payment to the Escrow Agent for an Advance Refunding of up to $70,000,000 of General Obligation and General Obligation Refunding Bonds. County Administrator's Comments: County Administrator: Board Action Regud(sted: Hold a public hearing to payment to the escrow agent various outstanding general bonds. Summary of Information: consider appropriation of up to $70,000,000 in for an advance refunding of up to $70,000,000 of obligation bonds and general obligation refunding Staff periodically reviews the county's portfolio of outstanding bonds for the opportunity to refinance bonds when interest rate conditions are favorable for producing debt service savings. Staff worked with the county's financial advisors, Public Resources Advisory Group (DRAG), to analyze the county's outstanding general obligation debt to determine if the market is favorable for refunding various callable bonds. PRAG has identified several series of general obligation bonds and general obligation refunding bonds eligible for refunding. Preparer: Allan M. Carmody Title: Director, Budget and Management Attachments: Flyes ® No # 000 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Summary of Information (continued): Based on the latest information, the county can refinance outstanding bonds that will result in debt service savings ranging from approximately $100,000 to $600,000 in any given year over the period FY2016 - FY2029. These savings will be split proportionately between the county and schools (based on the county -school split of the original sale/s) with school's realizing approximately 76 percent of the debt service savings. The refinancing will be part of a larger transaction that will also include the sale of some new money general obligation bonds to support continued progress on the school revitalization program. Staff anticipates a sale of approximately $38 million from the 2013 referendum, which will fund improvements to Monacan High School, Providence and Manchester Middle Schools as well as provide for general major maintenance work at other school facilities. Authorization for the sale of the new money bonds was approved by the Board of Supervisors last April. The Board approved of the refunding on July 22, 2015. The state code requires a public hearing for increases in appropriations that exceed 1 percent of the budget. Given the anticipated amount of the payment to the escrow agent associated with the refunding, the public hearing is required. Staff recommends approval of this action after the public hearing. Ricl woub 791mes-Dispatch Advertising Affidavit 300 E. Franklin Street Richmond, Virginia 23219 (804) 649-6208 COUNTY OF CHESTERFIELD BOARD OF SUPERVISORS P.O. BOX 40 9901 LORI RD. CHESTERFIELD, VA 23832 Account Number 3005440 Date August 19, 2015 Date Category Description Ad Size Total Cost 08/25/2015 Meetings and Events Take Notice Take notice that the Board of Supervisors of the G 2 x 0 L 120.20 Tabblice Take notice that the Board of Supervisors of the County of Chesterfield, Virginia (the "Courtly"), at a regular meeting on Wednesday, August 26, 2015, at 690 P.M., local time, in the County Public Meeting Room at the Lane B. Ramsey County Administration Building, Route 10 and tan Road, Chsterlield, Virginia 23832, vall hold a public hearing where persons may appear and present their views concerning: The appropriation of up toVl), 0,000 for the refunding of selected maturities of certain issues of General Obligation Public Improvement Bonds and General Obliggaation Public Improvement Refunding Bonds issued on behalf oithe County and associated closing costs. If further information is desired, contact Mr. Allan M. Carmody, Director of Budget and Management, at (104) 761546 between the hours of 830 AM. and 5:00 P.M, local time, Monday through Way. The hearing is held at a public facility designed to be accessible to per- sons er sons wb disabilities. Any person with questions on the accessibility of the facilitiyy or need for reasonable accommodations should contact Jan. iceB. ley, Cleric of the Board of Supervisors of the County, at (804) 748.1200. Persons needing interyreter services for the deaf must notify the Clerk of the Board of Supervisors of the County, by no later than Fri. day,Augusth,2015, Publisher of the Richmond Times -Dispatch This is to certify that the attached Take Notice Take notice t was published by the Richmond Times -Dispatch, Inc. in the City of Richmond, State of Virginia, on the following dates: 08/19/2015 The First insertion being given ... 08/19/2015 Newspaper reference: 0000203142 Sworn to and subscribed before me this Notary Public Supervisor State of Virginia City of Richmond My Commission expires KIMBERLY g HARRIS NOTARY PUBLIC Commonwealth of Virginia 356753 My Commission Expires Jan 31, 2017 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 3 AGENDA 1749 Meeting Date: August 26, 2015 Item Number: 17.D. Subject: Public Hearing to Consider the Exercise of Eminent Domain for the Acquisition of Right-of-way and Easements for the Old Bermuda Hundred Road at Old Stage Road Intersection Improvements Project County Administrator's Comments: County Administrator: Board Action Regues d: Hold a public hearing and authorize the exercise of eminent domain for the acquisition of right-of-way and easements for the Old Bermuda Hundred Road at Old Stage Road Intersection Improvements Project, including the filing of certificates of deposit, so that utility relocations and construction may begin prior to the commencement of eminent domain proceedings. Summary of Information: On October 24, 2012, the Board authorized staff to proceed with the Old Bermuda Hundred Road at Old Stage Road Intersection Improvements Project, including acquisition of right-of-way and easements. The Board also authorized the advertisement of an eminent domain public hearing, if needed. The county's right-of-way acquisition consultant has been successful in acquiring right-of-way and easements from twenty-four property owners that were impacted by the project; however the county's consultant has been unable to reach agreement with two owners. Construction and right-of-way plan sheets showing the impacted areas and the proposed acquisitions are attached. (Continued on next page) Preparer: Jesse W. Smith Title: Director of Transportation Department Attachments: 0 Yes F-1 No # CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 3 AGENDA Summary of Information: (continued) The property located at 2341 Old Bermuda Hundred Road, GPIN 8026496358, is owned by Robert Thomas Barfield. The county needs to acquire 13,896 square feet (0.319 acres) in fee right-of-way, of which 2831 square feet (0.065 acres) is currently in prescriptive easement, for construction of the road improvements. In addition, the county needs to acquire 3703 square feet (0.085 acres) in utility easement for Virginia Electric and Power Company, 2135 square feet (0.049 acres) in utility easement for Verizon, 2135 square feet (0.049 acres) in permanent drainage easement, and 3180 square feet (0.073 acres) in temporary construction easement. The county's consultant appraised the acquisition at $5,124.00. On March 25, 2015, an offer in this amount was presented to Mr. Barfield. On April 15, 2015, the county's consultant received a letter stating that Mr. Barfield would be represented by Mr. Jack R. Wilson, III, and that all further communications regarding the acquisition be directed to Mr. Wilson. The county and the county's consultant have attempted to contact Mr. Wilson numerous times since April 15, 2015 to discuss the acquisition; however, Mr. Wilson has been non-responsive to these attempts. Diligent efforts to obtain voluntary conveyance from the owner of 2341 Old Bermuda Hundred Road have failed. Staff has notified both the owner and the owner's representative of the eminent domain request before the Board. The property located at 2101 Old Bermuda Hundred Road, GPIN 8036481499, is owned by Aubrey S. Hinds, Jr. The county needs to acquire 23,958 square feet (0.550 acres) in fee right-of-way, of which 4792 square feet (0.110 acres) is currently in prescriptive easement, for construction of the road improvements. In addition, the county needs to acquire 6752 square feet (0.155 acres) in utility easement for Virginia Electric and Power Company, 3355 square feet (0.077 acres) in utility easement for Verizon, 3355 square feet (0.077 acres) in permanent drainage easement, and 523 square feet (0.012 acres) in temporary construction easement. The county's consultant appraised the acquisition at $6,119.00. On March 13, 2015, an offer in this amount was presented to Mr. Hinds. On April 17, 2015, the county's consultant received a letter stating that Mr. Hinds would be represented by Mr. Jack R. Wilson, III, and that all further communications regarding the acquisition be directed to Mr. Wilson. The county and the county's consultant have attempted to contact Mr. Wilson numerous times since April 17, 2015 to discuss the acquisition; however, Mr. Wilson has been non-responsive to these attempts. Diligent efforts to obtain voluntary conveyance from the owner of 2101 Old Bermuda Hundred Road have failed. Staff has notified both the owner and the owner's representative of the eminent domain request before the Board. If the county proceeds with eminent domain, a certificate of deposit will be filed with the court, which will allow the county to immediately enter and use the right-of-way so the project can proceed without delay. Sufficient funds are available in the budget to pay the anticipated condemnation costs. a CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 3 of 3 AGENDA Summary of Information: (continued) Staff will continue to negotiate with the property owners in an attempt to reach a settlement after the certificate is filed, and, if requested, the owner will be paid the county's appraised value for the property prior to the condemnation hearing. Recommendations: Staff recommends that the Board authorize the exercise of eminent domain for the acquisition of right-of-way and easements from the following property owners for the Old Bermuda Hundred Road at Old Stage Road Intersection Improvements Project: 1. Robert Thomas Barfield, 2341 Old Bermuda Hundred Road, GPIN 8026496358 2. Aubrey S. Hinds, Jr., 2101 Old Bermuda Hundred Road, GPIN 8036481499 District: Bermuda Old Bermuda Hundred Road at Old Stage Roaif- Intersection Improvement Project a "'C 1) 2 -11]: �151 a M R vi LU 3L cs)3-, 5! L'a - ,au -T,3 M% -M) t 3 US In't 01 3u',34 :u 34.1,taq U%9 i -IJ Z- I 7n -5,4 14 33"! -31 3jS I F -7 F T -1 3,ta ccw W13 t-3, C.11, ZA IL CID ri 9 Cd 0' as O tn a3 7d a3 0 P4 03 Wd R 4� v4' WWWW R 4� Advertising Affidavit 300 E. Franklin Street Richmond, Virginia 23219 (804)649-6208 COUNTY OF CHESTERFIELD BOARD OF SUPERVISORS P.O. BOX 40 9901 LORI RD. CHESTERFIELD, VA 23832 Account Number 3005440 Date August 19, 2015 Date Category Description Ad Size Total Cost 08/25/2015 Meetings and Events Take Notice Take notice that the Board of Supervisors of Chest 2 x 0 L 160.70 Take Notice Take notice that the Board of Supervisors of Chesterfield County, Vo- ginia, at a regular scheduled meeting on August 26, 2015, at 6:30 p.m. in the County Public Meeting room at the Chesterfield Administration Building, Rt le and Lori Road, Chesterfield, Vic Wa, will hold a public hearing where persons affected may appear and present their views to consider. The exercise of eminent domain for the acquisition of fee simple int for right-of-way, permanent utility easements, a permanerd drain age easemerd,andatempo castmctioneasementforthe Old Bermuda Hundred Road and 01 ge Road Intersection mprovement Project (Virginia Deparbnerd of Transportation Number0618 020-R76, RW201, 0501) across property at 2341 Old Bermuda Hundred Road, GPIN: 8026496358. The exercise of eminent domain for the acouisition of fee simple Improvement Project (Virginia I Number 0618.020-R76, RW201, C Bermuda Hundred Road, GPIN:I V further information is desired f Engineer, at 7481037, between the day through frid%9. The hearing is held at a public fac sora with disabilities. Any person, the facilityty a creed for reasonable ice B. Bla)dey, Clerk to the Board preter services for the deaf must operty at 2101 Did Mr. Ian Millikan, Senior a.m. and 5:00 p.m. Mon - to be accessible to per - is on the accessibility of ons should contact Jan - Persons needing inter- rk to the Board no later Publisher of the Richmond Times -Dispatch This is to certify that the attached Take Notice Take notice t was published by the Richmond Times -Dispatch, Inc. in the City of Richmond, State of Virginia, on the following dates: 08/19/2015 The First insertion being given ... 08/19/2015 Newspaper reference: 0000203548 Sworn to and subscribed before me this I f �%' .�•J � Vii/ No ry Public Supervisor KIMBC-Fil_Y g HARRIS NOTARY PUBLIC Commonwealth of Virginia State of Virginia 356753 City of Richmond My Commission Expires Jan 31, 2017 My Commission expires THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 2 ;g rx AGENDA Meeting Date: August 26, 2015 Item Number: 17.E. Subject: Public Hearing to Consider the Exercise of Eminent Domain for the Acquisition of Easements for the Route 60 (Alverser Drive to Old Buckingham Road) Widening Project County Administrator's Comments: County Administrator: IV Board Action Requestd: Hold a public hearing and authorize the exercise of eminent domain for the acquisition of easements for the Route 60 (Alverser Drive to Old Buckingham Road) Widening Project, including the filing of certificates of deposit, so that construction may begin prior to the commencement of eminent domain proceedings. Summary of Information: On October 26, 2011, the Board authorized staff to proceed with the Route 60 (Alverser Drive to Old Buckingham Road) Widening Project, including acquisition of right-of-way and easements. The Board also authorized the advertisement of an eminent domain public hearing, if needed. A design -build Request for Qualifications was advertised for the project on August 12, 2014, and the county awarded the project to Curtis Contracting, Inc. (Curtis) on February 11, 2015. The scope of work for Curtis on the design -build project includes finalizing the design, acquiring the right-of-way, relocating utilities, and constructing the project. Some sections of the project are currently under construction as (Continued on next page) Preparer: Jesse W. Smith Title: Director of Transportation Department Attachments: 0 Yes FINo # CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Summary of Information: (continued) the design is finalized and right-of-way is acquired on other sections of the project. In order to complete construction of the project, easements are required on the parcel located at 12611 Midlothian Turnpike, GPIN 7357071852. Staff has been unable to identify and locate all the owners of the property despite diligence to do so. The owners are believed to be the Unknown Heirs of Fannie Webb Hinton. Roadway plan sheets showing the impacted area and right-of-way plans showing the proposed acquisition are attached. The county needs to acquire 834.3 square feet (0.0192 acres) in permanent slope easement, 656.9 square feet (0.0151 acres) in permanent drainage easement, and 468.4 square feet (0.0108 acres) in temporary easement to tie in the driveway entrance for the property. The acquisition is valued at $3,200.00. If the county proceeds with eminent domain, a certificate of deposit will be filed with the court, which will allow the county to immediately enter and use the easements so the project can proceed without delay. Sufficient funds are available in the budget to pay the anticipated condemnation costs. Staff will continue to search for the property owners in an attempt to reach a settlement after the certificate is filed, and, if requested, the owners will be paid the county's value for the property prior to the condemnation hearing. Recommendation: Staff recommends that the Board authorize the exercise of eminent domain including the filing of a certificate of deposit for the acquisition of easements on the subject parcel located at 12611 Midlothian Turnpike from the Unknown Heirs of Fannie Webb Hinton for the Route 60 (Alverser Drive to Old Buckingham Road) Widening Project. District: Midlothian l"�� 7 , oclo�-,. , , g SO 4: I SZ .0 1W "A"," Svcs W Wo -0z flow -Am A Not 3% A Q �i NA 14 VK Am to: :v 'A WE -o' 4 z -t o:N 0000 NTH 44, CY 4p� CC) coo up -aa im§U ME low N Of 4,� - , Dt sr ,NotP-111 ;�z go t my� I q 'I , � iNR8 WO SHIM ISM! 01M., 1=1 M iwhylvdi V -O8, C GZZ�-:� luchmonb aures-3zfivatcb Advertising Affidavit 300 E. Franklin Street Richmond, Virginia 23219 (804)649-6208 COUNTY OF CHESTERFIELD BOARD OF SUPERVISORS P.O. BOX 40 9901 LORI RD. CHESTERFIELD, VA 23832 Account Number 3005440 Date August 19, 2015 Take Notice Take notice that the Board of Supervisors of Chesterfield County, Vir• ginia, at a regular scheduled meeting on August 26, 2015, at 6:301M:in the County Public Meeting room at the Chesterfield Administration Building, Rt. 10 and tori Road, Chesterfield, Virginia; will hold a public hearing where persons affected may appear and present their views to consider, The exercise of eminent domain forthe acquisition of apermanent slope easement, apermanent dminage moment, and atemporary construction easement for the Route 9 (Alverser 0Old Buckingham Road) Widening Project (Virginia Department of Transportation Number ON-020•119,RW201, C501) across property at 12611 Midlothian Turnpike, GPIN:1351011852. If further information is desired, please contact Mr. Ian Millikan, Senior Engineer, at 148.1031, between the hours of 8:30 am, and 5:00 pa Mon. The heating is held 9 a public facility designed to be accessible to per. son; whh disabilities. Any persons with questions on the accessibility of the facilitiyy or reed for reasonable accommodations should contact Jan. ice B. Blaldey, Clerk to the Board, at 1481200, Persons needing inter• preter services for the deaf must notify the Clerk to the Board no later thanAugust21,2014. Publisher of the Richmond Times -Dispatch This is to certify that the attached Take Notice Take notice t was published by the Richmond Times -Dispatch, Inc. in the City of Richmond, State of Virginia, on the following dates: 08/19/2015 The First insertion being given ... 08/19/2015 Newspaper reference: 0000203550 Sworn to and subscribed before me this T Notary ublic Supervisor State of Virginia City of Richmond My Commission expires KIMBERLY L3 HARRIS NOTARY (PUBLIC Commonwealth of Virginia 356753 My Commission Expires Jan 31, 2017 THIS ISNOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU Total Cost Date Category Description Ad Size 08/25/2015 Meetings and Events Take Notice Take notice that the Board of Supervisors of Chest 2 x 0 L 120.20 Take Notice Take notice that the Board of Supervisors of Chesterfield County, Vir• ginia, at a regular scheduled meeting on August 26, 2015, at 6:301M:in the County Public Meeting room at the Chesterfield Administration Building, Rt. 10 and tori Road, Chesterfield, Virginia; will hold a public hearing where persons affected may appear and present their views to consider, The exercise of eminent domain forthe acquisition of apermanent slope easement, apermanent dminage moment, and atemporary construction easement for the Route 9 (Alverser 0Old Buckingham Road) Widening Project (Virginia Department of Transportation Number ON-020•119,RW201, C501) across property at 12611 Midlothian Turnpike, GPIN:1351011852. If further information is desired, please contact Mr. Ian Millikan, Senior Engineer, at 148.1031, between the hours of 8:30 am, and 5:00 pa Mon. The heating is held 9 a public facility designed to be accessible to per. son; whh disabilities. Any persons with questions on the accessibility of the facilitiyy or reed for reasonable accommodations should contact Jan. ice B. Blaldey, Clerk to the Board, at 1481200, Persons needing inter• preter services for the deaf must notify the Clerk to the Board no later thanAugust21,2014. Publisher of the Richmond Times -Dispatch This is to certify that the attached Take Notice Take notice t was published by the Richmond Times -Dispatch, Inc. in the City of Richmond, State of Virginia, on the following dates: 08/19/2015 The First insertion being given ... 08/19/2015 Newspaper reference: 0000203550 Sworn to and subscribed before me this T Notary ublic Supervisor State of Virginia City of Richmond My Commission expires KIMBERLY L3 HARRIS NOTARY (PUBLIC Commonwealth of Virginia 356753 My Commission Expires Jan 31, 2017 THIS ISNOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA 1'eY Meeting Date: August 26, 2015 Item Number: 17.F. Subiect: PUBLIC HEARING: Consider the Leasing of Henricus Historical Park and Approval of an Updated Operating Agreement with The Henricus Foundation County Administrator's Comments: County Administrator: Approve an updated operating agreement and the leasing of Henricus Historical Park to The Henricus Foundation. Summary of Information: In 1993 the county and The Henricus Foundation entered into a Memorandum of Understanding for the development and operation of Henricus Historical Park. In 2012, the county granted a leasehold interest to the foundation that expires on September 1, 2015. Staff recommends that the Board approve a new three-year lease with two three-year renewal terms and updated operating agreement for the continued operation of Henricus Historical Park by The Henricus Foundation. Approval is recommended. District: Bermuda Preparer: John W. Harmon Title: Real Property Manager Attachments: 0 Yes FINo 0, �D VICINITY SKETCH PUBLIC HEARING: Consider the Leasing of Henricus Historical Park and Approval of an Updated Operating Agreement with The Henricus Foundation Consider the, Leasing of Henricus Historical Park and Approval of an Updated Operating Agreement Pf with the Henricus Foundation Qq, ................ 7 curopp 0 W N ChestufieldCaunty DepeAtmart of Uflifties #1 E S 1 rol G'z' LEASE AGREEMENT THIS LEASE AGREEMENT (the "Lease") is made and entered into this day of 2015, by and between the COUNTY OF CHESTERFIELD, VIRGINIA ("County") and HENRICUS FOUNDATION (the "Foundation"). WITNESSETH WHEREAS, County owns land adjacent to the James River located in the County of Chesterfield and the County of Henrico, known as Henricus Historical Park ("Henricus"); and WHEREAS, the Foundation is a non-profit corporation established to generate public interest in, and act to preserve, restore, reconstruct or otherwise maintain historical structures, objects, works of art and locations, and to promote, encourage and carry on any historical, interpretive, research or educational activities relating to the site of the "Citie of Henricus"; and WHEREAS, County and the Foundation entered into a Memorandum of Understanding dated July 28, 1993, a License Agreement dated August 5, 1996, and an Operating Agreement Concerning Henricus Historical Park dated September 1, 2015 ("Operating Agreement") all of which together memorialize and further delineate the parties' intent to jointly develop and operate Henricus; and WHEREAS, the Foundation has constructed a visitor's center, an education center, and made other capital improvements at Henricus, in addition to overseeing construction of several other capital improvements at Henricus, all of which have become the property of the County; and WHEREAS, the Foundation, pursuant to agreements with the County, has primary responsibility for operation of Henricus; and 030 0623:87416.1 1 WHEREAS, the Foundation has requested that the County grant it a leasehold interest in Henricus, and the Chesterfield County Board of Supervisors has determined, after a public hearing, that granting the Foundation a leasehold interest in Henricus is in the public's best interests; NOW, THEREFORE, for and in consideration of the mutual undertaking of the parties contained herein, the County and the Foundation hereby covenant and agree, each with the other, as follows: 1. Grant. The County hereby grants and conveys to the Foundation a leasehold interest in the land and improvements known as Henricus Historical Park as delineated and described specifically in Exhibit A excluding the property, if any, which may be owned by the County of Henrico. The County will charge the Foundation no rent for the Lease. In consideration of the Lease, the Foundation shall, for and on behalf of the County, manage, maintain, operate, and improve Henricus for the use and pleasure of the citizens of the County and all other interested persons upon the terms and conditions contained herein and in accordance with the terms of the Operating Agreement which is hereby incorporated by reference and attached as Exhibit B. 2. Term. The term of this Lease shall coincide with the term of the Operating Agreement. The Lease shall commence on September 1, 2015 and, as provided in section VI.A. of the Operating Agreement, shall expire on September 1, 2018 and shall automatically renew for two additional terms of three years each unless terminated by either party. 3. General Provisions. a. This Lease is not assignable by the Foundation without the prior written consent of the County. s4, 0623:87416.1 2 b. The provisions of this Lease are severable; the invalidity of any provision hereof shall not affect the validity of any other provision contained in this Lease. C. This Lease may be simultaneously executed in two or more counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. d. All notices shall be given in writing as follows: If to Chesterfield County: If to the Foundation: Witness the following signatures. 0623:87416.1 3 James J. L. Stegmaier County Administrator 9901 Lori Road Room 500 Chesterfield, Virginia 23832 Craig D. Bell, Chairman The Henricus Foundation 251 Henricus Park Road Chesterfield, Virginia 23832 COUNTY OF CHESTERFIELD, VIRGINIA By: Date: James J. L. Stegmaier, County Administrator Commonwealth of Virginia, County of Chesterfield, to -wit: I, , a Notary Public in and for the County and State aforesaid, do hereby certify that this day personally appeared before me in my jurisdiction aforesaid , for the County of Chesterfield, Virginia, whose name is signed to the foregoing writing and acknowledged the same before me. ZD Given under my hand My commission expires: Registration Number: Date: 2015. NOTARY PUBLIC The HENRICUS FOUNDATION ME Craig D. Bell, Chairman Commonwealth of Virginia, City/County of , to -wit: I, , a Notary Public in and for the City/County and State aforesaid, do hereby certify that this day personally appeared before me in my jurisdiction aforesaid Craig D. Bell, for The Henricus Foundation, whose name is signed to the foregoing writing and acknowledged the same before me. Given under my hand My commission expires: Registration Number: 0623:87416.1 4 2015. OPERATING AGREEMENT CONCERNING HENRICUS HISTORICAL PARK THIS OPERATING AGREEMENT concerning HENRICUS HISTORICAL PARK (the "Agreement") is made and entered into this 1St day of September, 2015, by and between the COUNTY OF CHESTERFIELD, VIRGINIA ("Chesterfield") and the COUNTY OF HENRICO, VIRGINIA ("Henrico') (collectively "the Counties"), and HENRICUS FOUNDATION (the "Foundation"). In consideration of the mutual promises and undertakings herein contained, Chesterfield, Henrico and the Foundation agree as follows: I. Overall Agreement The Foundation shall, for and on behalf of the Counties, manage, maintain, operate, and improve Henricus Historical Park ("Henricus") for the use and pleasure of the citizens of the Counties and all other interested persons upon the following terms and conditions. The principal purposes of Henricus, as referenced in the Articles of Incorporation, are to generate public interest in and to preserve, restore, reconstruct, or otherwise maintain historical structures, objects, works of art, and locations and to promote, encourage and carry on any historical, interpretive, research, or educational activities related to the site of the City of Henricus. II. Duties and Responsibilities of the Foundation The Foundation shall: A. Be responsible for the annual operation, maintenance, and improvement of Henricus, including its furnishings and grounds, as a quality historical park. B. Report annually to the Counties on the operation of Henricus, including the annual financial statements audited by the Foundation's independent certified public accountants, on all expenditures for improvement, operation, and maintenance of Henricus, and shall account fully for all funds advanced to the Foundation by the Counties, either for capital projects or operating funds. C. Keep its books and financial records open to inspection and audit by the Counties, including its duly authorized designees, at reasonable times and at reasonable places upon written request by either County. D. Maintain and follow the October 2013 Master Plan (Exhibit A) with periodic and timely revisions as appropriate. 0623:94517.1 E. Be responsible for the selection of all new equipment, furnishings, and fixtures required for each building and structure in Henricus, subject to prior concurrence by Chesterfield. F. Establish a Special Committee of the Executive Committee of the Foundation that includes one representative from each County. The Special Committee shall provide Chesterfield input relevant to the performance evaluation and compensation level of the Executive Director. The chairman of the Henricus Foundation will preside over the Special Committee meetings. The Special Committee may establish for the Executive Director annual metrics of performance, including, but not limited to, attendance, attendance revenues, fundraising, facility maintenance, and staffing. G. Agree to recognize and acknowledge the Counties in all public relations efforts. H. Establish partnership agreements with other entities that can provide capital, operating, or in-kind assistance. I. Recruit and deploy volunteers in conjunction with Chesterfield County's volunteer program requirements. III. Executive Director A. The Executive Director shall be an employee of Chesterfield whose job duties include assisting the Henricus Foundation achieve its mission. B. The Executive Director shall work under the general direction of the Chesterfield County Parks and Recreation Director and shall be subject to all Chesterfield County personnel policies and procedures. C. The Executive Director shall work with the Foundation Board to develop and promote the overall strategic plan and direction for Henricus. D. At the direction of the Foundation, the Executive Director shall be responsible for the overall promotion of Henricus, including a plan that promotes educational programs, tourism, and fundraising opportunities. E. The Executive Director shall be responsible for execution of the approved Master Plan for Henricus in accordance with the timing and amount of appropriations provided by the Counties and other designated funders. F. The Executive Director shall assist the Foundation in development of historical research and preparation of interpretive programs and presentations. G. The Executive Director shall provide quarterly financial reports to the Foundation and Counties and perform other activities and duties as required by the Foundation. o 0623:94517.1 2 �' �� H. The Executive Director will prepare grant requests and otherwise assist the Foundation in fundraising and promotion under Foundation direction. I. The Executive Director shall be responsible for the daily supervision of all personnel assigned to Henricus by Chesterfield's Parks and Recreation Director. The Executive Director shall be responsible for the fiscal planning, oversight and management of both the operating funds provided to Henricus as well as the capital funds provided for construction and execution of the approved Master Plan. IV. Powers of the Foundation A. The Foundation may contract with third parties on its own behalf and not as an agent of the Counties for expenditure of Foundation Funds for goods and services in connection with the discharge of its duties under this Agreement. The Counties shall not thereby become the principal under any such contract but shall only be third party beneficiaries thereunder. All such contracts shall contain insurance and/or bonding requirements as required by Chesterfield's Risk Manager. The Foundation agrees to follow public procurement guidelines when contracting for expenditures over $10,000. B. All contracts for expenditure of capital funds of over $100,000 shall be obligated and administered by Chesterfield County in cooperation with Executive Committee of the Foundation. C. Subject to the concurrence of Chesterfield's Parks and Recreation Director, the Foundation shall have the power to impose such reasonable restrictions as it may deem necessary or desirable to protect the general rights of the public to access at reasonable times and for reasonable purposes, including the power to establish the opening and closing hours for Henricus and its exhibits and buildings, exclusive of facilities needed for operations of Dutch Gap Conservation Area. D. The Foundation, in its discretion, may collect reasonable fees for admission to Henricus and its programs, concessions, events, and exhibits, as well as reasonable rental fees for use of the facilities, and it may establish policies and procedures for the implementation and collection of those fees. Rentals or other events allowing consumption of alcohol shall be in compliance with applicable state ABC regulations and Chesterfield policy. E. The Foundation is hereby authorized to solicit private and public funds and to apply for federal and state funds for the improvement, operation, or programs of Henricus. Such solicitations shall be subject to approval by both Counties where County matching funds are required. All proceeds received by the Foundation shall be used solely for the improvement, operation, and programs of Henricus. 0623:94517.1 3 k F. The Foundation shall provide and pay for insurance coverage in the amounts determined by Chesterfield's Risk Manager and which shall include at least minimum coverages as outlined below: 1. Commercial General liability including products and completed operations, bodily injury, property damage, and contractual liability to insure the operations of the Foundation and the premises in a limit of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate. Policy shall add Chesterfield County as an additional insured; 2. Property insurance to insure any and all personal property of the Foundation, including Crime/Employee Dishonesty in a limit of not less than 3 months' worth of Foundation's funding; 3. Automobile coverage which may be hired and non -owned; 4. Umbrella liability in a limit of not less than $3,000,000 per occurrence and in the aggregate; 5. Directors and Officers liability with a limit of not less than $1,000,000 per occurrence. V. Duties of the Counties A. Chesterfield shall provide lead operations oversight and management assistance as it deems appropriate. B. The chief executive of each County will propose the necessary funds in their respective budgets for the annual operations, maintenance, and capital improvements of Henricus. The amount of the Counties' funding will be determined by, and subject to, annual appropriation by the Board of Supervisors of each County. The completion of the October 2013 Master Plan, and any future amendments as approved by the Foundation, will be subject to budget considerations. The Henricus Foundation will commit to its best efforts to raise supplementary funds for these purposes. C. The Counties may each appoint a representative to the Foundation's Board of Directors and such representative, if appointed by each County, shall also serve on the Executive Committee of the Foundation. D. The Counties shall provide the Foundation appropriate licenses or leases granting the Foundation the right to occupy and use the land at Henricus. VI. Term of Agreement A. This Agreement shall be effective from September 1, 2015, until September 1, 2018, and shall automatically renew itself for two additional terms of three years each, unless or until terminated. 0623:94517.1 4 B. This Agreement may be amended by written agreement signed by all parties. C. This Agreement may be terminated with or without cause by six months written notice by any party unless otherwise agreed in writing. In the event of termination, all funds advanced to the Foundation by the Counties for capital improvement, operation, programs, or maintenance of Henricus and not obligated by the Foundation for such purposes by the date of termination shall be returned to the Counties within 60 days of the date of termination. D. If the Agreement is terminated by the Foundation pursuant to VI.C. above, or if the Foundation ceases to operate or exist, the property operated as Henricus Historical Park shall be jointly operated as a public park by the two Counties. The fixed assets of Henricus shall transfer with the land to the Counties. The Counties may mutually agree to other use of the properties after expiration of this Agreement. If the Counties cease to operate Henricus Historical Park, all historic assets (including but not limited to antiques, artifacts, letters, books and other historic documents, and historic reproductions) previously transferred to the Counties shall, to the extent legally permissible, be donated or sold to historic, charitable or eleemosynary entities who have a legitimate interest in such historic assets and will appropriately preserve, restore, study and exhibit such assets. VII. General Provisions A. This Agreement is not assignable by the Foundation without the prior written consent of the Counties. B. The provisions of this Agreement are severable; the invalidity of any provision hereof shall not affect the validity of any other provision contained in this Agreement. C. This Agreement between the Counties and the Foundation is not intended as a waiver of sovereign immunity or any other defense that the Counties or the Foundation may assert against a third party. Notwithstanding anything to the contrary, nothing in this Agreement is intended or shall be construed to require either party to indemnify or hold harmless the other party. D. This Agreement may be simultaneously executed in two or more counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. E. All notices and reports shall be given as follows: 1. If to Chesterfield County: James J. L. Stegmaier County Administrator 9901 Lori Road, Room 500 0623:94517.1 5 Chesterfield, Virginia 23832 2. If to Henrico County: John A. Vithoulkas County Manager 3rd Floor, Administration Building 4301 East Parham Road Henrico, Virginia 23228 (by mail) P. O. Box 90775 Henrico, Virginia 23273-0775 3. If to the Foundation: Craig D. Bell The Henricus Foundation 251 Henricus Park Road Chesterfield, Virginia 23832 [Signatures appear on the following page] 0623:94517.1 6 u Witness the following signatures: DATE: DATE: Approved as to form: Senior Assistant County Attorney Chesterfield County, Virginia Approved as to form: Deputy County Attorney Henrico County, Virginia 0623:94517.1 7 CHESTERFIELD COUNTY, VIRGINIA IM James J. L. Stegmaier, County Administrator HENRICO COUNTY, VIRGINIA IM John A. Vithoulkas, County Manager The HENRICUS FOUNDATION Craig D. Bell, Chairman C() X1&3 +RYchmoub i5imeo-33iovatcb Advertising Affidavit 300 E. Franklin Street Richmond, Virginia 23219 (804) 649-6208 CHESTERFIELD COUNTY RIGHT OF WAY OFFICE 9840 GOVERNMENT CENTER PKWY. P.O. BOX 608 CHESTERFIELD, VA 23832 Account Number 6025752 Date August 19, 2015 Date Category Description Ad Size Total Cost 08/25/2015 Meetings and Events TAKE NOTICE That on August 26, 2015, at 6:30 p.m. or as soc 2 x 16 L 92.00 TAE NOTE That on August 9, ME, at Rag pm, oras seal thereafter as may be heard, Ole Boil of 5uperii m of Ch gdold County at it regular W9 plae in to PlrylicMoehng Room of Chestdoid Carnty, Vir• groin,, will oonslder the IeaOng of Honricus Historical Pack at 251 RkmPAbid toNHoonr, foundation, loformatimiqud�gtheproposedImisonfileintheR it of Way IRinChestoOieddCouoiy,Viyhe eMamin by all lo- torested parties be woon the i5 of X30 a,m. and Sfl p.m, Monday throughfrlday. the heanrig is held at a pOk facil'dy dosigned to he aceessihle to pot• sons s�tth Osab7Oies My persons wdh qu�tior� oo fho aaessihilily of the faciGly a need for reasonable mmmodatioos Nod coolact lam i� B. el ley, Odto Ole Board, at 7612. Pemans Wing ik- prelaseNicesforti�edeaf mustnotiiytheClerktotheB�rdoolater thanAugu��21,2015, Publisher of the Richmond Times -Dispatch This is to certify that the attached TAKE NOTICE That on Augus was published by the Richmond Times -Dispatch, Inc. in the City of Richmond, State of Virginia, on the following dates: 08/19/2015 The First insertion being given ... 08/19/2015 Newspaper reference: 0000204529 Sworn to and subscribed before me this iq No Public Supervisor State of Virginia City of Richmond My Commission expires KIMBERLY B HARRIS NOTARY PUBLIC Commonwealth of Virginia 356753 My Commission Expires Jan 31, 2017 THIS IS NOT A BILL.. PLEASE PAY FROM INVOICE. THANK YOU CHESTERFIELD COUNTY e� BOARD OF SUPERVISORS Page 1 of 1 F^ 17b9 ` AGENDA Meeting Date: August 26, 2015 Item Number: 17.G. Subject: PUBLIC HEARING: To Consider the Conveyance of Two Parcels of Land to the Commonwealth of Virginia, Department of Transportation for the Route 1/Route 641 (Dundas Road) Traffic Signalization Project County Administrator's Comments: County Administrator: Board Action Requested: Approve the conveyance of two parcels of land to the Commonwealth of Virginia, Department of Transportation for the Route 1/Route 641 (Dundas Road) Traffic Signalization Project, and authorize the Chairman of the Board and County Administrator to execute the deed. Summary of Information: The Virginia Department of Transportation is requiring that the county convey right of way for the Route 1/Route 641 (Dundas Road) Traffic Signalization Project. A public hearing is required to convey county property. Approval is recommended. District: Bermuda Preparer: John W. Harmon Attachments: 0 Yes 7 No Title: Real Property Manager "VICINITY S. ETCM CONVEYANCE OF TWO PARCELS OF LAND AT THE INTERSECTION OF ROUTES 1 & 641 TOTH E COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION FOR A SIGNALIZATION PROJECT INA DR 6440 J effe rs on Davis H y 'ERH A OA 6500 Jefferson Davis Hwy D N Chesterfield County Department of Utilities W*7 E S I h"" -257 '6w�Y 1011 it zt Ogs ----- ..... rJ- 0, dik" Ogs 000a'` 2 I ----- ..... rJ- J11-1 000a'` 2 I 11 `u> 2 gap w`^ Q1 wid e gffiq °dtl� h "Op') a1 � yea s + kill 01 K s s- a fell V 7 log Fh In 11 4 r `u> 2 gap w`^ Q1 wid e gffiq °dtl� h "Op') a1 � yea s + � 01 K s s- a fell V V �_ Fh In Usti S; H9: SUR i 4 r `u> 2 gap w`^ Q1 wid e gffiq °dtl� h "Op') a1 � yea ii to 01 K s s- a fell V Q I/';1L9 i g.7rD NDSF13a�3f PSA ^'may V `u> 2 gap w`^ 3a U ply to 01 K s s- a fell V �_ In Usti S; H9: SUR i I/';1L9 i g.7rD NDSF13a�3f PSA ^'may V `u> 2 gap w`^ 3a za 0 ®Ti/ `u> 2 gap w`^ 3a za ply to 01 K s s- a hi �[;9I S; H9: SUR ±K3 0 ®Ti/ HL a 0 ®Ti/ Advertising Affidavit 300 E. Franklin Street Richmond, Virginia 23219 (804)649-6208 CHESTERFIELD COUNTY RIGHT OF WAY OFFICE 9840 GOVERNMENT CENTER PKWY. P.O. BOX 608 CHESTERFIELD, VA 23832 Account Number 6025752 Date August 19, 2015 Date Category Description Ad Size Total Cost 08/25/2015 Meetings and Events TAKE NOTICE That on August 26, 2015, at 6:30 p.m. or as soc 2 x 16 L 92.00 TAE MCI That on August 5, 115, at 63 p, a as soon thereafter as may be heard, tk Board of SupR&5 of chesldiN County at its regular meetiNace m hPu61ic Meeting Room of Chesttertield Counly, 0.#k W I consider the Wnueyanre of W parcels to the Common• v�it of V'Igiolk Depadmerlt of Transpottioa loformatim regarding fhe proposed comeyanre IS co fde m the Rigid of WayO R�ObtafieldCouoty,Virginia,andmaylie uammedbyall MerestedputlEsbel m6Ehors of R30a.m and5.00pa, Monday ifualghI'M y, iheheannglsheldalapuhGcfactlily de�igled tabeacees�hle toper• soar I� d�ab0ilies, Any perons ltitf I quesbats on the aaessibil ity of t,'' a need fa reasonable accommodations shoo, contact tan ice B, BlaMey, Clink to the B oard,afa seNimfor �e deaf ust notify the Clerk to the Board no later twAugust11, M cer�61 kill, 2 4 nil I Publisher of the Richmond Times -Dispatch This is to certify that the attached TAKE NOTICE That on Augus was published by the Richmond Times -Dispatch, Inc. in the City of Richmond, State of Virginia, on the following dates: 08/19/2015 The First insertion being given ... 08/19/2015 Newspaper reference: 0000204535 Sworn to and subscribed before me this No ry Public Supervisor State of Virginia City of Richmond My Commission expires KIMBERLY B HARRIS NOTARY PUBLIC Commonwealth of Virginia 356753 My Commission Expires Jan 31, 2017 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANES YOU CHESTERFIELD COUNTY �BOARD OF SUPERVISORS Page 1 of 1 - J9 AGENDA 17 Meeting Date: August 26, 2015 Item Number: 20. Subiect: Adjournment and Notice of Next Scheduled Meeting Supervisors County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: of the Board of Motion of adjournment and notice of the Board of Supervisors meeting to be held on September 16, 2015, at 3:00 p.m. in the Public Meeting Room. Preparer: Janice Blakley Attachments: F-1 Yes Title: Clerk to the Board 0 No #