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2014-04-09 PacketCHESTERFIE~C COUNTY ~~~~~;: B4ARC OF SUPERVISORS Page 1 of 1 -~ g U_. `, _k ~, AGEI~~A .,,.Sa: ,~~`V Ifl9 ~~~ .~7k4'I'A}'r. Meeting Cate: Ap~ri[ 9, 2Q14 Item Number: 2.A. Subiect: County Administrator's Report 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. Preparers Louis G. Lassiter Attachments: ~ Yes Title. Assistant County Administrator a No # '~-~. County Administrator's Tap 4U's List I. Critical ProiectslActivities 1. ARWA Reservoir Project 2. Community Risk Analysis/Emergency Service Coverage 3. Eastern Midlothian Re-development - Chippenharn Square - Spring Rock - Stonebridge (future phases) - Streetscaping (future phases) 4. Irrigation PolicieslDemand Management for Water Use 5. Magnolia Green CDA 6. Sports Quest/River City Sportsplex 7. Total Maximum Daily Load (TMDL} Presentation to Board $. Utilities Policies and Managed Growth II. Ungoin~ ProiectslActivities l . 2014 Legislative Program ~. Airport Master Plan 3. Animal Welfare Issues 4. Capital Improvement Program -Referendum Projects Implementation 5. Capital Regional Collaborative Focus Group 6. Cash Proffers 7. Chesterfield Avenue Enhancements Future Phases $. Citizen Budget Advisory Committee 9. Countywide Comprehensive Plan Implementation 10. Crystal Lakes Townhomes 11. Enterprise Risk Management 12. FinanciallBudget Issues 13. Five Story/Three Story Building Renovations 14. High Speed RaiI/Ettrick Train Station 15. Jefferson Davis Streetscape Project 16. Joint Meetings of Board of SupervisorslSchool Board 17. RRPDC -Large Jurisdiction Committee 1$. Recycling Committee Recommendations 19. Secondary Road Maintenance Funding 20. Smith/Wagner Building ~ I . Sports Tourism Plan Implementation III. Connuleted PraiectslActivitie~ 1. Airport Entrance Improvements - 7/2012 2. Board's Appointments Process - 8/2408 3. Bow Hunting Restrictions - 2/24/2414 fi Y.. ~a.~'~,,8 ~~, f,. -~~ Updated 41212014 County Administrator's Tap 40's List 4. Business Climate Survey - 7/2008 5. Business Climate Survey - 412010 6. Business Fee Holiday (Extension) - 9/2010 7. CBLAB Discussions -12/2009 8. Census 2010/Redtstricting - 6/2011 9. Chesterfield Avenue Enhancements Phase 1 - 5/2011 10. Citizen GIS - 512010 11. Citizen Satisfaction Survey - 20081201012012 12. Comprehensive Plan Adoption -1012012 13. COPS Grants 14. DCR Erosion & Sediment Control Program - 311 i/1l 15. Eastern Midlothian Re-development - Stonebridge {Phase 1} -Groundbreaking 10/25!11 - Streetscaping (Phase 1) -12!2011 16. Efficiency Studies -Fire Department and Fleet Management -6/2008 17. Efficiency Study - QualitylChesterfield University Consolidation - 7/2009 18. Electronic Message Centers - 9/201 i 19. Electronic Signs -112010 20. Board's Emergency Notification Process 21. Employee Health Benefits -Contract Rebid - 812011 22. Federal Stimulus Package - 4/2013 - Energy Block Grant - Economic Development - Police Department 23. Financial/Budget Issues - Adoption of 2011 Budget - 4/2011 - Adoption of County CIP - 4!2011 - Adoption of School CIP - 4/2011 - Bond Issue/Refinancing - AAA Ratings Retained 24. 457 Deferred Comp Plan {Approved} 25. GRTC Service -Funded for FY 14 2b. Hydrilla Issue 27. Hosting of Hopewell Website 28. Impact Fees for Roads - 912008 29. In Focus Implementation - Phase I - 8/2008 30. In-Focus Implementation -Phase II {Payroll/HR} -12/2009 31. Insurance Service Upgrade (ISO) for Fire Department - 912009 32. Jefferson Davis Streetscape Project - 5/2010 33. Leadership Exchange Visits with City of Richmond ~4. 2011 Legislative Program -adopted 11/30!2011 3S. Low Impact Development Standards 36, Mass Grading Ordinance {canceled) 37. Meadowdale Library -11!2008 38. Meadowville Interchange -Ribbon Cutting 12/15!2011 39. Midlothian Turnpike/Courthouse Road Streetscape Improvements (Towne Center) 40. Minor League Baseball (new team) - 2!2010 ~ Updated 4/2/2 1~., ., ,•- ~, -~ ~~~ o County Administrator's Top 40's List 41. Multi-Cultural Commission (Quarterly Reports due to Beard) -1112008 42. Planning Fee Structure (General Increases) - 6/2009 43. Planning Fee Structure (Reductions for In-Home Businesses) -112009 44. Planning Fees (Holiday for Commercial Projects) - 8/2009 45. Police Chase Policy (Regional) - SJ2010 46. Postal Zip Codes -Changes approved 4/2011, LISPS' date of implementation 612011 47. Potential Legislation -Impact Fees/Cash Proffers -- U2009 48. Property Maintenance -Proactive Zoning Code Enforcement (countywide} - 212009 49. Property Maintenance -Rental Inspection Program 50. Public Safety Pay Plans Implemented (Phase I) - 912008 51. Redistricting 20 i 1 Calendar/Process Report 52. Regional Workforce Investment Initiative 53. Results of Operations -1 1/1 912 01 0 and i 1/2011 54. Sign Ordinance 55. Southwest Corridor Water Line - Phase I --- 712008 S6. Sports Tourism Plan -1/2010 57. Sports Tourism Program with Metropolitan Richmond Sports Backers - 812009 58. Streetlight Policy -12/1/10 59. Ukrops Kicker Complex -soccer fields -Opened 8/2009 60. Upper Swift Creek Plan (Adopted} - 612008 61. Upper Swift Creek Water !Quality Ordinances 52. VI3OT Subdivision Street Acceptance Requirements - 712009 63. VRS Benefits for New Employees - 712010 b4. Walk Through Building Permit Process -1012009 65. Water Issues/Restrictions 66. Website Redesign - 6/2009 67. Wind Energy Systems - 3/1012010 68. Wireless Internet Access in County Facilities - 912008 69. Watkins Centre 70. Woolridge Road Reservoir Crossing Project -- S/2010 7I . Ukrops Kicker Comples(GRAP Swimming Pool -Stratton Property -Pool opening March, 2412 72. RMA -Legislation - 2014 - 312014 ~ Updated 4/21 `i ~~ w~ ~ ~` ~Ii<9 / c!Yr }~C~{~~H\jESTE~/Rj /rF~IEL~+Q/ GOUNTY AGEWDA Page 1 of 1 Meeting Date: Apri19, 2014 item Number: 6.A. Subject: Work Session on County Administrator's Proposed FY2015 Budget, the Proposed FY2015 Community Development Block Grant and HOME Investment Partnership Annual Plan, the Proposed FY2015-FY2019 Capital Improvement Program, Changes to the FY2014 School CIP, Tax Rates, and the Various Proposed Ordinance Changes County Administrat©r: Hold a final work session on the County Administrator's Proposed FY2015 Budget, the Proposed. FY2015 Community Development Block Grant and HOME Investment Partnership Annual Plan, and the Proposed FY2015-FY2019 Capital Improvement Program, changes to the FY2014 School CIP, tax rates, as well as other proposed ordinance changes. Summary of Infvrmatian: This time has been scheduled for a final work session on the proposed budget as we11 as the proposed ordinance changes far the establishment of a new service district to support infrastructure improvements to comply with Federal Environmental Protection Agency and State Department of Environmental Quality mandates for Total Maximum Daily Load (TMDL), for the Utilities Department fee changes; fee structure changes and code changes for stormwater management and water quality in support of the Virginia Stormwater Management Program (VSMP); service fees for emergency ambulance transport, and vehicle registration fees. Changes to the Schools FY2014 capital improvement program (CIP) to align it with the FY2015-FY2019 planned CIP will also be reviewed. Staff will review proposed revisions to the plans at the work session. All Board approved revisions will be incorporated into the appropriations resolution and approved as part of adoption of the budget. Staf f plans to provide the Board with information to be presented at the work session prior to the Board meeting. Preparers AIlan M. Caren©dy Title: Direct©r, Budget and Management Attachments: ~ Yes ~ No :ti,.. CHESTERFIELD CC>UNTY ~: BOARD 4F SUPERVISC?RS Page 1 of T ~~~y~rlrt-0\¢ {~~1~~ AGENDA ~~~ f'199j`7 ,~ ~?RG'IIIW..' Meeting Date: April 9, 2494 Item Number: 8.A.1. Subject: Adoption of an Ordinance Establishing the Annual Tax Levy on Various Classes of Real Estate and Personal Property County Administrator's Comments: County Administrator: Beard Action Requested: Adapt a Tax Rate Ordinance Establishing Tax Rates far Calendar Year 2014. Summary of Information: The Board held a public hearing an March 26, 2014 concerning the attached ordinance regarding annual tax rates. Tax rates on existing classes of property far calendar year 2014 were advertised as follows: $0.98 far real estate; $3.60 for personal property; $1.00 far machinery and tools personal property; $.50 for aircraft personal property; $0.96 for personal property for volunteer firefighters, rescue squads, and auxiliary members; $0.01 far wild and exotic animals personal property; $3.24 far vehicles using clean and special fuels; $0.01 far specially equipped motor vehicles for the physically handicapped, and $0.96 far vehicle trailers and semi-trailers with a grass weight of 10,000 pounds or more. Staff recommends adoption of the advertised rates, The ordinance is attached. Preparers Allan M. Carmody Title: Director, Budget and Management Attachments: ^ Yes ~ hTo ,~, ~~ :. ~..~ , AN ORDINANCE TD ESTABLISH THE ANNUAL TAX LEVY ON VARIOUS CLASSES OF PROPERTY FOR THE COUNTY OF CHESTERFIELD BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That for the year beginning on the first day of January, 20.14, and ending on the thirty-first day of December, 2014, the taxes on property in all the Magisterial Districts of the County of Chesterfield shall be as follows: Sec. 1. Real Property and Mobile Haines. {a) Except as provided in Sec. 1 {b), an tracts of land, lots or improvements thereon and on mobile homes the tax shall be $0.98 on every $100 of assessed value thereof. (b} fln tracts of land, lots or improvements thereon and on mobile homes in the Charter Colony Powhite Parkway Transportation District the tax shall be $1.13 on every $100 of assessed value thereof. Sec. 2. Personal Property. {a) On automobiles, trailers, boats, boat trailers, other motor vehicles and on all tangible personal property used or held in connection with any mining, manufacturing ar other business, trade, occupation or profession, including furnishings, furniture and appliances in rental units, the tax shall be $3.60 on every $100 of the assessed value thereof: {b) On aircraft as defined by Section 58.1-3503 and -3506 of the Code of Virginia, 1950, as amended, the tax shall be $.50 on every $100 of the assessed value thereof. {c) On motor vehicles owned or leased by members of volunteer rescue squads, volunteer fire departments, volunteer police chaplains and by auxiliary police officers as provided in Section 9-57, Code of the County of Chesterfield, 1997, as amended, the tax shall be $.96 on every $100 of the assessed value thereof. {d) fln wild or exotic animals as defined by Section 58.1-3506 of the Code of Virginia, 1950, as amended, the tax shall be $0.01 on every $100 of the assessed value thereof. {e) fln motor vehicles which use clean special fuels as defined in Section 46.2-749.3 of the Cade of Virginia, 1950, as amended, the tax shall be $3.24 on every $100 of the assessed value thereof. (f) On rnotor vehicles, trailers, and semitrailers with a gross vehicle weight of 10,004 pounds or more used to transport property for hire by a rnotor carrier engaged in interstate commerce, the tax shall be $.96 on every $100 of the assessed value thereof. (g) (}n motor vehicles which are specially equipped to provide transportation for physically handicapped individuals, the tax shall be $.O1 on every $100 of the assessed value thereof. Sec. ~. Public Service Corporation Property. (a) On that portion of real estate and tangible personal property of public service corporations which has been equalized as provided in Section 58.1-2604 of the Code of Virginia, 1950, as amended, the tax shall be $0.98 on every $100 of the assessed value thereof determined by the State Corporation Commission. (b) The foregoing subsections to the contrary notwithstanding, on automobiles and trucks belonging to such public service corporations the tax shall be $3.60 on every $144 of assessed value thereof. Sec. 4. Machinery and Tools. On machinery and tools used in a manufacturing or mining business the tax sha11 be $1.00 on every $104 assessed value thereof. E~`~~si' 0425:92000.1 ~ CHESTERFIELD COUNTY BOARD OF SUPERVISt~RS Page 1 of 1 NFpF1E~1\;,~.,,.. ~.~ `<,} AGENDA ~:~ ~.~,a, ~~ Meeting Date: April 9, 2014 Item Number: 8.A.2. Subject: Adoption of the FY2015 Community Development Block Grant and the HOME Investment Partnerships Annual Plan County Administrator's Comments: County Administrator: n Adopt the FY2015 Community Development Black Grant and the HOME Investment Partnerships Annual Plan. Summary of Informati©n: A public hearing was held on March 26, 2014 on the FY2015 Proposed Community Development Block Grant and the HOME investment Partnerships Annual Plan. The FY2015 recommendation for this program totals $1,735,800, which is comprised of $1,229,000 in new CDBG allotments, $406,800 in new HOME Investment Partnership allotments, and $100,000 in Reprogrammed Funding. These allocations are based on the tentative notification received but are contingent upon final award notification from HUD of an approved grant amount for FY2015. The County Administrator has incorporated recommendations of the citizen review committee in the proposed budget. Following the work session, staff will incorporate requested revisions into the adopted plan. The County's Community Development Block Grant and HOME Investment Partnerships Annual Plan for FY2015 are required to be submitted to the U.S. Department of Housing and Urban Development by May 15, 2014. The submission must follow a required public hearing by the Board of Supervisors. Preparers AIlan M. Corm©dy Attachments: ~ Yes Title: Director,_ Budc#et and Management FY2015 Community bevelopmentlH©ME Activity Proposed Belmont Road Sidewalk Project X287,200 Beesley Elementary Extended Day Program 15,000 Better Housing Coalition-Winchester Greens Family and Chesterfield Senior Services 25,000 BizWorks Enterprise Center 198,000 CDBG Program Administration 245,800 Chesterfield Default and Foreclosure 40,000 Communities In Schools-At Risk Youth Program 25,000 Milt House 50,000 Pathways-VA 20,000 Phoenix Achievers Plus 15,000 Pro-Active Code Compliance 130,000 RAMPS 15,000 Richmond ARC-ARC Park '70,000 Richmond M e tro Habitat for Humanity 90 ,000 y^. ~ y Subt~t~! C1Dl~G y / 1,229,000 project:HOMES-Housing Rehabilitation 190,000 CDBG Housing Rehabilitation 100,000 HOME Program Administration 39,400 H.O.M.E. Down Payment Assistance 88,900 Southside CDHC -CHDO 88,500 Subtotal HOME 506.800 TOTAL Note: County Administrator's recommendations pending receipt of FY2015 HUD grant amounts. ..:' ~~~..r f"~ 4.Y .7i. .~~ ;W``~`\i cr ~ ~ tt~~ L_. 61Mk CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: Apri19, 2014 Item Number: 8.A.3. Subiect: Adoption of the FY2015-2019 Capital Improvement Program {CTP) and Approval of Revisions to the County CIP and Schools FY2014 CIP and Appropriation of School Cash Proffers County Administrator: Adopt the FY2015-2019 Capital Improvement Program with revisions, Approve Revisions to the Previously Approved County Capital Impravement Program and FY2014 Schools Capital Improvement Program, and Appropriation of $332,738.42 in Schaal Cash Proffers Summary of Information: The County Charter requires that the Capital Improvement Program {CIP) be adopted by May 1. Staff recommends that the Capital Improvement Program be adopted at this meeting. Following the work session, staff will incorporate Board approved revisions into the adopted plan. Staff is also requesting approval of amendments to the Gaunty's previously approved CIP. Staff requests that the Board reduce by $5.3 million the debt appropriation associated with the Fire Training Facility at Enon. This change aligns with the proposed CIP that reduces funding for county projects by $22 million in order to help fund the School referendum projects. Staff also requests approval of amendments to the FY2014 Schools CIF to reflect the school board's reestablished priorities in accordance with what was presented with the Proposed FY2015-FY2019 CIP. The requested change consists of a technical adjustment that would reduce the FY2014 general obligation bond appropriation by $31.1 million. A second requested revision to school capital project funding will allow staff to replace $332,738.42 in general fund revenues-for school projects with the same amount of cash proffer revenues. Doing so allows staff to align funding sources with the schools' proposed FY2015-FY2019 CIP. Preparers Allan M. Carmody Title: Director, Budget and Management Attachments: ^ Yes ~ No # t:.r' f:.i' 'C,1' 4.....i. C-.~ ~, CHESTERFIELD COUNTY Bt~ARD OF SUPERVISt~RS Page 1 of 1 ~`~~}~~°~~ AGENDA 4~ T ~/`1.c`. ~ d IN9 Meetin Date: April 9, 2014 Item Number: 8.A.4. Subiect: Adoption of the FY2015 Annual Financial Plan County Administrator's Gamments: County Administrator: B©ard Action Requested: Adopt the FY2Q15 Annual Financial Plan with changes as approved. Summary of Information: The County Charter requires that the Budget be adopted by May 1. Staff recommends that the Budget be adopted at this meeting. Fallowing the work session, staff will incorporate requested revisions into the adopted budget. Preparers Allan M. Carmody Attachments: a Yes Title: Director, Budget and Management No ~ # z ~¢~~~~ ~, ~ 1 i _ _ 1(~r ~ ~~~ IJ+19 ~ ~' CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: April 9, ZQ14 Item Number: 8.A.5. Subiect: Adoption of Amendments to the County Code to Create Stormwater Service District Number 1 County Administrator: Consider Adoption of Amendments to the County Code to Add Sections 9-28©, 9- 281, 9-283,9-284, 9-285, and. 9-286 related to establishment of Stormwater Service District Na.l for funding Stormwater capital improvement projects and operations relating to state and federal regulatory mandates. Summary of Information: A public hearing was held on March 26, 2014 on the proposed creation of Stormwater Service District No.1 to fund capital improvement projects and operations related to state and federal regulatory mandates {e.g. MS4 permit, Chesapeake Bay TMDL). Stormwater Service District No.. 1 will provide a Stormwater Management Program that enhances public safety, public convenience, and public well-being within the service district. Public safety will be enhanced through the dam safety program, the floodplain management program and the operation and maintenance of the County's drainage system. Public convenience will be enhanced through the design and construction of new capital projects, the watershed planning program, and public outreach programs. Public well--being will be enhanced by the environmental stewardship activities of the service district, including stream protection and water quality monitoring. The service district tax was advertised at $0.016 per $100 of assessed value on all taxable property within Chesterfield County. The recommendation is to approve $0.015 per $100 of assessed value. The ordinance is attached. Preparers Scott B Smedley Preparers Allan M. Corm©dy Attachments: ~ Yes Title:_ Director, Environmental Engineering Title:_ Director of Budget & Mann, eq ment AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY ADDING AND ENACTING SECTIONS 9-280, 9-2$l, 9-282, 9-283, 9-284, 9-285 AND 9-286 RELATING TO STORMWATER SERVICE DISTRICT BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 9-280, 9-281, 9-282, 9-283, 9-.284, 9-285 and 9-286 of the Code o the County o}'Chesterfield, 1997, as amended, are added and enacted to read as~ollows: Sec. 9-280. Creation of the Stormwater Service District; name and boundaries. The Baard of Supervisors of Chesterfield County, Virginia ~"Board") hereby creates a Stormwater Service District, which service district shall be known as Stormwater Service District No. i . Stormwater Service District No. 1 shall include the entire land area of Chesterfield Caunty except that it shall not include the property owned and operated by the State of Virginia as Pocahontas State Park. Sec. 9-281. Purpose of the Stormwater Service District. Stormwater Service District Na. 1 is created to provide a Stormwater management program that will enhance public safety, public convenience, and public well-being within the service district. Sec. 9-282. General provisions and powers. The Board shall be the governing body of Stormwater Service District No. 1. The Board shall exercise any or all of those powers and duties with respect to service districts set forth in Article 1 of Chapter 24 of Title i 5.2 of the I~irginia Cade, as amended. Sec. 9-283. Facilities and services to be provided. Stormwater Service District No. 1, together with resources which may be made available from other sources, shall provide the equipment and staff needed to provide a County Stormwater Management Program. The program shall include, but not be limited to, these services: (i) compliance with federal and state stormwater regulations, iii) watershed planning and monitoring, (iii} designing, constructing, maintaining and operating County owned Stormwater facilities and equipment, {iv) County floodpiain management, (v) public outreach and education. Sec. 9-284. Plan for Stormwater services and facilities. Stormwater Service District staff, contractors and community volunteers will collaborate to perform the watershed planning and monitoring functions as well as the public outreach and 0505:91947.1 1 ~.' ..r <.o .~.. education activities. Stormwater Service District staff and contractors will perform the design, construction, maintenance and operation of County owned Stormwater facilities. Program operations, inspections and repairs associated with the maintenance and monitoring functions will be conducted in accordance with Chesterfield County's authorized level of service. Capital project design and construction will be in accordance with the County's Capital Improvement Program. Sec. 9-285. Benefits to be expected from the Stormwater Service District. Stormwater Service District No. 1 will provide a Stormwater Management Program that enhances public safety, public convenience, and public well-being within the service district. Public safety will be enhanced through the dam safety program, the floodplain management program and the operation and maintenance of the County's drainage system. Public convenience will be enhanced through the design and construction of new capital projects, the watershed planning program, and public outreach programs. Public well-being will be enhanced by the environmental stewardship activities of the service district, including stream protection and water quality monitoring. Sec. 9-286. Plan for financing the facilities and services within the district. The installation and maintenance of all facilities and the provision of all services within the district shall be financed by a $0.016 per $100.00 of assessed value, supplemental real estate tax placed on all real estate located within the district. This tax is in addition to the real estate tax imposed on real estate in the county pursuant to the county's annual tax levy. Sec. 9-287. Review of status of service district. After all facilities necessary to accomplish completion of the stormwater management program have been constructed, as described in section 9-281, consideration of this division shall be placed on the agenda of the board of supervisors for the next meeting following the completion, so that the board may consider whether any additional facilities and services are to be provided to the real estate within the district, or what other action, if any, should be taken with regard to the district. {"2) That this ordinance shall become effective immediately upon adoption. 0505:91947.1 2 ,.,, ~- ,,, CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 2 ~~~a~\ AGENDA `~' "~~ ~„ ~y/kG Meeting Date: Apri19, 2©14 Item Number: 8.A.6. Subject: ©rdinance Amendments Relating to Department of Utilities Fee Changes County Administrator's Comments: County Administrator: Adopt Attached Amendments to Sections ~8-22 and 18-27 of the County Code Relating to Department of Utilities fee changes , Summary of Information: The Board of Supervisors held a public hearing on March 26, 2014 concerning the proposed changes to Utilities fees. The Utilities Department's analysis of the Fy~015 budget, capital replacement and revitalization projects, and projections over the next ten years indicate that current revenues, without fee increases, will not be sufficient to cover operating expenses. As an enterprise fund fully supported by payments from users, fee increases are necessary to offset costs of capital projects for rehabilitation of pump stations, new and replacement water tanks, new water lines, investments in older neighborhoods to revitalize water and wastewater lines, the county's contractual share of Richmond water plant projects, as well as maintaining the integrity of the county's water and wastewater facilities. The proposed fee increases are also due in part to smaller growth rates in demand for waterJwastewater services as well as new connections. The additional revenues are required to meet the projected long-term operating and capital casts. This-rate setting approach supports a financial plan to manage current and projected capital expenses to help ease the funding burden on future generations. The changes in utility rates are discussed below. Preparers Allan M. Carmody Title: Director of Budget and Management Attachments: ~ Yes ~ No -.~°,T #V CHESTERFIELD C©UNTY B{~ARD QF SUPERVISt'~RS Page 2 of 2 AGENDA Summary of Information (c©ntinuedl Utility User Fees. The proposed charges for a typical 5/8" residential size meter having an 18 CCF combined water and wastewater bi-monthly bill wi11 increase by approximately $5.04 {$2.52 monthly}. The increase is comprised of changes in the commodity charges for both water and wastewater. Base charges remain unchanged. The water commodity charge is proposed to increase by $0.12 per one hundred cubic feet {CCF) and total CCF sales are projected to decrease 3 percent. The wastewater commodity charge is proposed to increase by $0.16 per CCF, and total CCF sales are projected to decrease 1 percent. A net increase of $2.8 million in revenues is anticipated from the change in the commodity charges. These increases are needed to cover the projected cost of providing water and wastewater utility services and funding capital replacement and revitalization projects. A typical bimonthly bill will increase from $103.94 to $108.9$ Even after the proposed rate increases {assuming a typical bill for combined services), the County's rates will still be significantly less than surrounding jurisdictions. Utility Wastewater Connection Fees - In addition the department's analysis of costs for expansion projects and projections over the next 15 years reflect the need to adjust the water and wastewater capital cost recovery charge portion of connection fees to cover capital costs. The capital cost recovery charge fee for a 5J8" residential size meter is proposed to increase the water connection fee from $4,795 to $5,100 {generating an additional $458,000) and the wastewater connection fee from $4,025 to $4,700 {generating an additional $864,000}. The capital cost recovery charge fees for larger meters will increase proportionately based on meter size. Utility Service Line and Meter Installation Charges - The department's analysis of the materials, equipment, and operational costs associated with the installation of new service lines and meters indicates an increase is necessary to recover the costs. The charge for a ~/" service line installation will increase from $1,550 to $1,725 and the meter charge for a 5/8" meter will increase from $65 to $75. Charges for larger service lines and meters have also been increased accordingly based on associated material and equipment operational costs. In addition the residential companion meter charge for irrigation will increase from $420 to $460. These were last adjusted in 2010. The ordinance is attached. AN ORDINANCE TG AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 18-22 AND 18-27 RELATING TO UTILITIES CONNECTION FEES AND UTILITIES USER CHARGES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 18-~2 and 18-27 of the Code of the Co~rnty o Chester reld, 1997, as amended, are amended and re-enacted to read as follows: Sec. 1$-22. Connection fees. {a) The water connection fee shall be the capital cost recovery charge plus the meter installation charge based on the size of the water meter that the director installs. The wastewater connection fee shall be the capital cost recovery charge for the size of the water meter that serves the property, or, if the property does not receive water service, the size of the water meter that would serve the property if it received water service. (b) The capital cast recovery charge shall be: Customer Class Meter Number Capital Cost Recovery Size of Charge (inches) ERU's per Unit Water Wastewater (i) For a dwelling, single-family, 5f8 1.00 $ ~7~-5-88 $ 4~-5-89 including townhouses, mobile homes 5.100.00 4,700A0 that are not located in a mobile home park, and individually metered multifamily dwelling units (ii) Far a dwelling, two-family (per unit) 5/8 1,00 488 4,-888 5.100.00 4,700.00 (iii) For mobile homes that are located in a 0.85 4,-8~~:-98 8 mobile Name park and for master metered multiple-family dwellings 4,335.00 3,995.00 0505:91976.1 ~° ather than multiple-family dwellings used exclusively as housing for colleges and/or universities (per unit) (iv) For all other customer classes 5/8 1.00 4,'' X3:94 5.100.00 4,700.00 1 2.50 -1-1s3~88--08 ~#};8~-x-88 12,150.00 11,750AO 1 %2 SAO ''2~a '~',' 2S,SOOAO 23,500.00 2 8.00 ~3~i9:E18 2''4 40,800.00 37,600.00 3 16.00 ~7~88 X4;498:88 81,600.00 75,200.00 4 25 00 > >n o~c nn -r-i~o-r~vr, inn ~~c nn ~v~v;vz~vo 127, 500.00 117, 500.00 6 50.00 ''~n~ 'T=~~ ~n,~n 255.000.00 235,OOOAO 8 80.00 3Q8:$8 ~~~ nnn nn ~~a 408,000.00 376,000.00 10 115.00 cc~ n~c nn ~~o n~~ Q~c nn ~: 586,500.00 540,500.00 12 155.00 ~^~ ~~c nn ~-r-~r~:vy ~~~ vac nn v~v-rTCrv 79O,SOO.00 728,SOOAO The capital cost recovery charge for meters that are larger than 12 inches shall be 0505:91976.1 2 determined by the director based on the number of ERUs per unit. (v} The capital cost recovery charge for a dwelling that is served by a meter that is larger than five-eighths inch shall be the same capital cost recovery charge in subsection {b)(iv). {c) The meter and water service line installation charge shall be: (1) For installing water service lines: Inches Charge 5/8 $-1•;~9:~88 1.725.00 1 x:89 2 000.00 1 % ~rl~&99 3.650.00 2 ~,`''- 4,175,00 2 Far installin meters: Inches Charge 5/8 x-75 AO 1 -1-1-9:8 120.00 1'/z X8:88 295.00 2 3 395.00 (3} Far installing residential outside use meters using existing service lines: $428:88 460.00. 000 4545:91976.1 3 ;~~ Sec. 18-27. Utility charges, Effective with bills issued on and after July 1, ~-3 2414, the consumer shall pay charges for utility service in accordance with the following schedules: {a} Monthly service charges. The monthly service charge shall be: {1 } Customer cost charge. A customer cost charge of $2.44 for each service account. However, customers who have only a water account 0r a wastewater account shall pay a customer cost charge of $4.88. {2} Commodity cost charge. {i) Water: $-1:4~ 1.59 per l OQ cubic feet {Ccf). {ii) Wastewater: $-1-~ 1.94 per 100 cubic feet {Ccf). 000 (2) What this ordinance shall become effective July 1, .201 ~'. 0505:91976.1 4 s'*, r, /"' '"1~~,~ ~: i,Y 'J ~4 t'~..d.~. CHESTERFIELD CQUNTY BC)ARD C1F SUPERVISC}RS Page 1 of 2 ~,, ~~ ~~' AGENDA ~~- Jp 1E49 Meeting. Date: Apri19, 2Q14 Item Number: s.A.7. Subject: Ordinance Amendments Relating to Stormwater Management Ordinance, Amendments to Erasion and Sediment Control and Stormwater Discharge Ordinances, and Associated Fees County Administrator: Adapt Attached Amendments to Sections 8-17,Enact Sections 8-18 through 8-38, Repeal Sections 12-&1 through 12-64 Relating to Erosion and Sediment Control and Discharges to the Stormwater Sewer System of the Caunty Code; Adopt Amendments and Reenact Sections 8-1 through 8-1b Relating to Stormwater Management of the County Code. Summary of Information: A public hearing was held on March 26, 2014 on the starmwater management ordinance, erosion and sediment control ordinance, Stormwater discharge ardinance and fee changes relating to the Department of Enviranrnental Engineering. The Virginia Stormwater Management Program (VSMP) is an unfunded mandate being transferred from the State to the Caunty. The program will have direct oversight of development activities including Stormwater pollution prevention plan review, inspections and enforcement in accordance with the "Stormwater Management" ordinance. Minor changes are also proposed to the "Erosion and Sediment Control" and "Discharges to the Stormwater System" ordinances. All three ordinances provide far application fees and fines for violations. Finally, because of regulatory overlap, all three ordinances are proposed to be reorganized into Chapter 8 of the County Code to be titled "Stormwater Management and Water Quality." Preparers A11an M. Carmody Title: Director cif Budget and Management Attachments: ^ Yes ~ No 4.: '8,Y ~L/ ~..... CHESTERFIELD CC.?UNTY BC3ARD ©F SUPERVISC)RS Page 2 of 2 AGENDA The average fee for a commercial plan of development would increase by an estimated $2,340. This affects multiple fees and is anticipated to generate about $33&,000 in FY2015. This mandate has financial impacts that will result in higher costs primarily in the County's operating budget. The Board of Supervisor's approved Stormwater Management ordinance must be submitted to the State Department of Environmental Quality by May 15, 204. Transfer of this program is effective July 1, 2014. The proposed ordinances are attached in two separate documents. Please note that (1) the "Erosion and Sediment Control" and "Discharges to the Stormwater System" ordinances are contained in one document where new proposed language is underlined and language proposed to be deleted is overstruek while (2) the "Stormwater Management" is contained in a separate document that, considering the length of the document and for ease of reading, the underlined/overstruek format has not been used. Instead, all ordinance language in this document is new language which the Board of Supervisors is being asked to adopt. The ordinances are attached. AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1937, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 8-17 AND ENACTING SECTIONS 8-18 THROUGH 8-38, AND REPEALING SECTIONS 12-61 THROUGH I2-64, RELATING TO EROSION AND SEDIMENT CONTROL AND DISCHARGES TO THE STORMWATER SEWER SYSTEM BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 8-17 is amended and re-enacted and Sections ~-18 through 8-35 of the Code o the County of Chesterfield, 1997, are enacted, and Sections 12-b1 through 12-t~~ are repealed, to read as follows: CHAPTER 8 Article II. Erasion and Sediment Control Sec. 8-~: 17 Definitions. (a~ In addition to the definitions set forth in section 8-2 ~ when used in this sl}apter article, the following terms shall have the fallowing meanings: agreement in lieu of a plan: A contract between the plan-approving authority and the owner that specifies conservation measures that must be implemented in the construction of a single- family residence; this contract may be executed by the plan-approving authority in lieu of a formal site plan. Certificate of occupancy: A certificate of use and occupancy issued under the Uniform Statewide Building Code, but not including a temporary certificate of use and occupancy. Conservation standards: The standards contained in the Virginia Erosion and Sediment Control Regulations and in chapter 3 of the current edition of the Virginia Erosion and Sediment Control Handbook for controlling erosion and sedimentation. Designated agent: The person designated by the applicant far gland-disturbance permit to act on behalf of the applicant and to accept service of legal process for the applicant. Development: A tract of land developed or to be developed as a single unit under single ownership or unified control which is to be used for any business or industrial purpose or a subdivision as defined in chapter 17 of this Code. erosion and sediment control plan: Erosion and sediment control plan "or plan "means a document containing material for the conservation of soil and water resources of a unit or group 192%.91063.4 (DRAFT OF 317/14) ~ ':.~~ ~`~~, ~ . :f. of units of land It rnay include appropriate maps an appropriate soil and water plan inventorv and .,forest management information with needed interpretations, and a record of decisions contributing to conservation treatment. The plan shall contain all major conservation decisions to ensure that the entire unit or units of land will be so treated to achieve the conservation objectives. Land disturbance permit: A permit issued by the department of environmental engineering for the clearing, filling, excavating, grading or transporting of land non-exempt forest management, or for any combination thereof or for any purpose set forth herein. When the land- disturbing activity is in conjunction with the construction of a dwelling, the building permit issued by the building official shall be the land disturbance permit. Issuance of the land disturbance permit signifies satisfaction of the requirements of Article I and serves as the VSMP Authority Permit. Plan: The erosion and sediment control plan required by this chapter and by the Erosion and Sediment Control Law, Va. Code § ~~8 62.1-44.15:51, et seq. Program authority: The County of Chesterfield. The director of the department of environmental engineering, or his designee, is the designated authority to administer this program. ~.~ . ~~ Single family residence, separately built.• A dwelling that is occupied exclusively by one family and that is not located in a residential subdivision. Silviculture: Forest management, which is exempt from the requirements of this chapter, including but not limited to the harvesting of timber, the construction of roads and trails for forest management purposes, and the preparation of property for reforestation that is conducted in accordance with the silvicultural best management practices developed and enforced by the state forester pursuant to Va. Cade § 10.1-1105. Foil and water conservation district: The district or districts established by the Virginia Sail and Water Conservation Board pursuant to Va. Code § 10.1-506, et seq. which includes Chesterfield County. Stabilized land.• Land that will withstand normal exposure to atmospheric conditions without incurring erosion damage. r ~. (b} When used in this ~p article, the following terms shall have the same meaning as set forth in Va. Code § ~- 62.1 - 44.15:51: Applicant; Certified inspector; Certified plan reviewer; 1928.91069.4 (DRAFT OF 3/7/14} ~s' ~.~~~..~~,,~.:s Certified program administrator; Erosion impact area; Land-disturbing activity; Local erosion and sediment control program; Owner; Permittee; Person; Plan-approving authority; State waters. Sec. $-x.18 -Adoption of state erosion control regulations. Pursuant to Va. Code § ~~~ 62.1-44.15:54, Chesterfield County adopts the Virginia Erosion and Sediment Control Regulations as the authority that governs the county's local erosion and sediment control program. See. S-~. 19-Approval afland-disturbing activity. (a) Except as provided in this chapter, no person shall engage in land-disturbing activity unless the person has obtained a land disturbance permit from the county and is displaying the permit on the site where the land-disturbing activity is taking place. No person shall install a septic tank or drain field in a resource management area as defined in the Chesapeake Bay Preservation Ordinance, unless the person has obtained a land disturbance permit and is displaying a permit on the site where the septic tank or drain field is being installed. {b) Persons who own, occupy or operate private lands on which agriculture, horticulture or silviculture is practiced shall be exempt from the requirements of this chapter for all activity that takes place on that land that is exempt from the definition of land-disturbing activity set forth in Code of Virginia, ~ -p9-~i9 X2.1-44.15:51. This exemption shall apply to silvicultural activities if there is full and continued compliance with silvicultural best management practices, developed and enforced by the state forester pursuant to Code of Virginia, § 10.1-1105, during and after the land-disturbing activity. This exemption shall not apply to land-disturbing activities including the clearing of trees for the purpose of establishing a residential lawn on land in an agriculturally zoned district where the use is residential. This exemption shall also not apply to land which has been rezoned or converted, or which is proposed to be rezoned or converted, at the request of the owner or previous owner from an agricultural to a residential, commercial or industrial zoning district or use. 3 19213.91069.4 (DRAFT OF 317/14} ~'"; ~ ~;~~£;; (2) As determined by the environmental engineer, forest management for land to which this exemption does not apply shall be for the purpose of enhancing the health and viability of the forest, under the supervision of a qualified forester, and will only be allowed upon the submission and approval of the appropriate forest management plan to include, but not limited to, erosion control, Chesapeake Bay Actlwetland restrictions, and the issuance of a land disturbance permit by the environmental en i~g Weer. l3~v clear cut timbering shall be allowed only for the purpose of site development and shall be incorporated into the erosion and sediment control plan/narrative as the initial phase of infrastructure construction and will not commence until the issuance of the actual site development land disturbance permit. {c) General waodlot management conducted on lands that are in an agricultural zoning district and in conformance with sound silvieultural practices as confirmed by the state forester or professional arborist shall be exempt from the requirements of this chapter. For the purposes of this chapter, general woodlot management does not include the removal of stumps except for logging road and log deck construction. (d) The removal of uprooted tree stumps resulting from storm damage shall also be exempt from the requirements of this chapter. (e) Electric, natural gas and telephone utility companies, interstate and intrastate natural gas pipeline companies and railroad companies shall be exempt from the requirements of this chapter for projects that are exempt from local erosion and sediment control regulation pursuant to Va. Code § ~-~--(~} 62.1-44.15:55(D); provided, however, that such companies shall comply with the filing requirements of Va. Code § 48~~ 62.1- 44.15:55(D), as enforced by the department of conservation and recreation. (f) State agency projects are exempt from the provisions of this chapter except as provided for in Va. Code § X64 62.1-44.15:56. Sec. $-~ 20. -Compliance required before other permits and approvals given, No building permit shall be issued for the construction of any building or structure and no subdivision plat shall be approved, unless the land for which the building permit or subdivision plat approval is sought is in compliance with this chapter. Sec. S-4 21. -Land-disturbance permits. (a) The environmental engineer shall not issue aland-disturbance permit to an applicant who has submitted aland-disturbance permit application unless: (1) The applicant has submitted an erosion and sediment control plan that has been approved by the environmental engineer as meeting the conservation standards; 4 1928.91069.4 /"DRAFT OF 3J7114 r~~' r-a ,~a ra ~ ~ {2) The owner and responsible land disturber, as designated by the owner, who are responsible for implementing and maintaining the erosion and sediment control plan certify that they will perform the erosion and sediment control measures included in the plan and any other erosion and sediment control measures deemed necessary by the environmental engineer. When requested by the owner, permit holder or responsible land disturber, the environmental engineer shall provide a written document to the requesting party identifying what additional measures not included in the approved erosion and sediment control plan are necessary, and shall notify the owner of those additional measures; {3) The applicant has paid the program administration fee and posted the bond, letter of credit or cash escrow required by this chapter; {4) The applicant has implemented and maintained adequate erosion and sediment control measures for any land-disturbing activity that has already taken place; {5} Any site plan or improvement sketch required by the zoning ordinance has been approved by the county and, when necessary, by the Virginia Department of Transportation. However, if the grading, drainage, floodplain erosion and sediment control and Chesapeake Bay Qrdinance requirements have been met to the satisfaction of environmental engineer and the site plan has been deemed to be substantially approved by the site plan review team, the environmental engineer may issue the land disturbance permit; {6) Any tentative subdivision that is required by the subdivision ordinance has been approved by the county and any road and drainage plan that is required by the subdivision ordinance has been approved by the county and the Virginia Department of Transportation; {7) Copies of the following have been provided: a. Any wetlands permits that are required by federal or state law have been issued by the applicable state and federal regulatory agencies, or documentation has been submitted to the environmental engineer from a qualified wetlands expert, approved by the environmental engineer that establishes that a wetlands permit is not required by federal or state law; and b. 1~or construction sites of 2,500 square feet or more, a Virginia Stormwater Management Permit application and fee form showing the application has been filed with State Department of Conservation and Recreation. (8} The applicant has appointed a designated agent if the applicant does not reside in Virginia or is a corporation or a partnership. {b} Land-disturbance permits shall remain in effect until the land-disturbing activity for which the permit was issued has been completed, as determined by the environmental engineer, unless the permit provides for a different effective time period or unless the environmental engineer, or his designee, revokes the permit. {c} Any person who engages in land-disturbing activity on land which is more than 2,500 square feet in area but less than 10,000 square feet in area and that is located in a Chesapeake Bay preservation area shall be issued a land disturbance permit if the person has received minor 1~ZS.91o~9.a. {DRAT ol~ ~i7n4} ~~:=rr site plan or improvement sketch approval and if there are no erosion and sediment control violations on the property, without having to comply with the provisions of subsection {a). Sec, $-i} 22. -Monitoring reports and inspections. {a) All applicants for land-disturbance permits shall expressly grant the environmental engineer the right to enter the property at all reasonable times before and after the permit is issued for the purpose of inspecting the property to determine whether the requirements of this chapter and of the approved erosion and sediment control plan are being met. The environmental engineer shall allow the owner, permittee or other individuals designated by the owner or permittee to be present during the inspection. {b) The environmental engineer may conduct pre-construction meetings with the contractor in charge of carrying out the approved plan, and the owner and/or permittee at the site of the land-disturbing activity. The responsible land disturber shall be present at the pre- construction meeting. {c) The environmental engineer shall conduct periodic inspections of land-disturbing activity as required by Va. Code ~ -1-+~:~-~~C 62.1-44,15:58A and in accordance with C~9-38-€9 9VAC25-840-60. {d} The environmental engineer shall require the responsible land disturber to inspect the land- disturbing activity on a regular basis, including prior to and immediately after any runoff producing storm events, as determined by the environmental engineer; and shall ensure compliance with the approved plan and/or any other measures deemed necessary by the environmental engineer. When requested by the owner, permit holder or responsible land disturber, the environmental engineer shall provide a written document to the requesting party identifying what additional measurers not included in the approved erosion and sediment control plan are necessary, and shall notify the owner of those additional measures. {e} The environmental engineer may require the responsible land disturber to maintain records of all inspections by the responsible land disturber and to determine whether the measures required in the approved plan are effective in controlling erosion and sedimentation. Any such records shall be made available to the environmental engineer for review. If the environmental engineer determines that records of the responsible land disturber's inspections must be maintained, such requirement shall be incorporated in the construction narrative or requested, or if the requirement is imposed after issuance of the land disturbance permit, in writing by the environmental engineer. {f) The environmental engineer may require the responsible land disturber io ensure that perimeter control materials have been delivered or, as applicable, are available or installed prior to the issuance of a land disturbance permit. Sec. 8-~ 23. -Erosion and sediment control plans. {a} Applicants for land-disturbance permits shall submit to the environmental engineer an erosion and sediment control plan for review by the environmental engineer. The erosion and sediment control plan shall identify any Chesapeake Bay preservation areas and shall contain all other information required by the Virginia Erosion and Sediment Control Law, 6 ~-, ,-., ,~, ,-~ „-,,, tw ~.. ~ ~ ~4:, 1928.91069.4 {DRAFT OF 3l~/14} the Virginia Erosion and Sediment Control Regulations, and the Virginia Erasion and Sediment Control Handbook. (b) The environmental engineer shall either approve or disapprove an erosion and sediment control plan within 45 days after it is submitted. All approvals and disapprovals shall be in writing. When a plan is disapproved, the environmental engineer shall inform the applicant of the reasons for the disapproval and shall describe modifications to the plan that must be made in order for the plan to be approved. The environmental engineer shall grant written approval of the plan within 45 days of the plan's receipt if he determines that the plan meets the conservation standards. As a prerequisite to engaging in the land-disturbing activities shown on the approved plan, the owner shall certify that he will property perform the conservation measures included in the plan and will conform to the provisions of this chapter and of Va. Code § ~-8-19 X2.1-44.15:51, et seq. and shall provide the name of an individual holding a certificate of competence, as provided by Va. Cade § 1-0-1-~ 62.1- 44.15:52, who will be in charge of and responsible for carrying out the land-disturbing activity. Failure to provide the name of an individual holding a certificate of competence prior to engaging in land-disturbing activities shall result in the application of the penalties provided in this chapter. (e) If the environmental engineer does not approve or disapprove an erosion and sediment control plan within 45 days after an applicant submits such a plan, the erosion and sediment control plan shall be approved. However, the applicant shall fulfill all of the other requirements of section ~--4 8-21 before the environmental engineer issues aland- disturbance permit to the applicant. (d) The environmental engineer shall require all erosion and sediment control plans to comply with the conservation standards and specifications contained in the Virginia Erosion and Sediment Control Handbook before they are approved. In cases where a conflict exists between the Virginia Erosion and Sediment Control Regulations {~t1-~8-} 9V( AC25- 8~ and the Virginia Erosion and Sediment Control Handbook, the terms of the regulations shall take precedence over the terms of the handbook. (ej For construction sites that are adjacent to sensitive environmental features such as RPAs, wetlands and floodplains, the approved plan may incorporate additional measures required by the director of environmental engineering to adequately prevent sediment from entering those resources. In addition, the director of environmental engineering will require additional measures other than the minimum standards contained in the Virginia Erosion and Sediment Control Handbook if it is determined that such measures are necessary for protection of sensitive environmental features andJor water resources within the Upper Swift Creek Watershed. At a minimum the measures will consist of (i) enhanced perimeter protection (ii) utility relocations as part of an approved erasion and sediment control plan and (iii} monthly submittal of an erosion and sediment control report far sites over five acres. (f) It shall be unlawful for any person to violate the provisions of an approved erosion and sediment control plan, or any other erosion and sediment control measures deemed necessary by the environmental engineer, as provided for in Va. Code § ~-9:-1-5~} 62.1- 44.15:51 et seq. e~rnr~cn ~n ~n~ 9VAC25-840-40, and the most recently approved edition of the Virginia Erosion and Sediment Control Handbook. 7 1928.91069.4 (DRAFT t7F 3/7J14) ~ _'~;~ ;,~; Sec. $-~ 24. - Modifications to an approved plan. An approved plan may be changed by the plan-approving authority when: {a) An inspection reveals that the plan is inadequate to control erosion and sedimentation and to satisfy applicable laws and/or regulations; or {b) The responsible land disturber finds that because of changed circumstances ar other reasons the approved plan cannot be effectively carried out, and proposed amendments to the plan, consistent with the requirements of this chapter, are agreed to by the plan- approving authority. Sec. 8-8-25. - Responsibility for the erasion 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) has been achieved. {f) The restoration or repair of properties andlor waters that have been adversely affected by the transport of sediment from the project site which is deemed necessary by the environmental engineer, ' , de~s~e. Sec. 8-~9 26. -Erasion and sediment control plans for land-disturbing activity in more than one jurisdiction.. Persons who propose to engage in land-disturbing activity on land which extends into the jurisdiction of another locality and who have obtained approval of a conservation plan from ~* DEI~ shall notify the environmental engineer of the plan's approval That approval shall fulfill the requirements of obtaining approval of an erosion and sediment control plan under this chapter. The person shall provide to the environmental engineer written documentation that such conservation plan has been approved by the department of conservation and recreation. The person shall also obtain gland-disturbance permit from the environmental engineer before engaging in land-disturbing activity in the county. 8 1928.9106'9.4 {DRAFT OF 317/14) ~'"` '''` "°~+ ~-' ~.a- Sec. 8-~8 2fi. -Revocation of permit. (a) If the permit holder fails to comply with the erosion and sediment control plan or with the requirements of the land-disturbance permit, the environmental engineer shall give notice to the permit holder of the failure to comply and shall require the permit holder to comply within a specified period of time. The environmental engineer shall give notice in the manner that is described in section ~ 8-32. The environmental engineer shall revoke the land-disturbance permit if the permit holder has not complied within the specified time period contained in the notice. (b} When the environmental engineer revokes gland-disturbance permit, no land-disturbing activity shall take place on the site, except for activity that is required by the environmental engineer and which is directly related to compliance with the erosion and sediment control plan or the land-disturbance permit, as set forth in the notice of failure to comply. Sec. 8-~ 28. -Certification required. (a) The county's environmental engineer shall at all times contain among his staff one certified program administrator, at least one certified plan reviewer, and at least one certified project inspector. Any person who received a certificate of competence from the Virginia Soil and Water Conservation Board for plan review, project administration or program administration before the mandatory certification provisions of Code of Virginia, § 62.1- 44.15:53(A), were adopted shall be deemed to be certified. {b) All erosion and sediment control plans shall be approved by a certified plan reviewer. All inspections of land-disturbing activity shall be conducted by a certified inspector. Sec. S-~ 29. -Performance band, cash escrow, or irrevocable letter of credit. ~a) Applicants shall post a performance bond in favor of the county with an acceptable corporate surety, in an amount approved by the environmental engineer as sufficient to install the controls specified in the erosion and sediment control plan. The bond shall be conditioned on the faithful performance of the approved erosion and sediment control plan and shall indemnify and save harmless the county from any loss that results from the applicant's failure to comply with the requirements of this chapter. The form of the bond shall be approved by the county attorney. fib) In lieu of a performance bond, the applicant may submit to the environmental engineer a cash escrow or an irrevocable letter of credit which is approved as to form by the county attorney. The amount of the cash escrow or letter of credit shall be approved by the environmental engineer in the manner described in subsection (a). (c} The amount of the bond, cash escrow, or irrevocable letter of credit shall include an amount that is equal to ten percent of the installation cost to cover maintenance costs. Far non-exempt timbering, the amount of the bond, cash escrow, or irrevocable letter of credit shall be ~2,Sflfl.flfl. ~,}If the owner or permit holder does not faithfully perform the approved erosion and sediment control plan or any other measures deemed necessary by the environmental 1928.91069.4 (DRAFT OF 3/7!14) ~-'~°,Y `:~~+~~~.. ..~ engineer, as provided for in Va. Code § 'n.~8 62.i-44.15:51 et seq., ~~Tnr+cn_zn nn~ 9VAC25-840-40. and the mast recently approved edition of the Virginia Erosion and Sediment Control Handbook, the environmental engineer shall revoke the land disturbance permit prior to using any funds that are posted to implement any portion of the erosion and sediment control plan ar other measures deemed necessary by the environmental engineer. The person who pasted the bond, letter of credit or cash escrow shall increase the bond, letter of credit ar cash escrow back to the original amount approved by the environmental engineer before the environmental engineer reissues the land disturbance permit to the permit holder. f~' {e}Any person who engages in land-disturbing activity an land that has received minor site plan approval pursuant to chapter 19 of this Code shall be exempt from the requirements of this section, except that he must obtain a land disturbance permit. ;}Within 60 days after all land-disturbing activity has been completed and the environmental engineer has determined that all land has been stabilized, any unexpended or unobligated funds that were posted ar deposited with the environmental engineer pursuant to this section shall be released or refunded. For the purposes of this section, land-disturbing activity shall be considered to be complete when a certificate of occupancy has been issued or, in the case of a subdivision, when the board of supervisors has adopted a resolution requesting the state to accept the subdivision roads into the state highway system. Sec. 5-x-3 30. -Fees. {a) The applicant shall pay a program administration fee to the county at the time that he submits to the environmental engineer an erosion and sediment control plan. The amount of the fee shall be: {i} For an erosion and sediment control plan for land disturbance which is 10,000 square feet or larger and not located in a proposed subdivision: $1,360.00, plus $60.00 for each acre of land to be disturbed. {ii) Far an erasion and sediment control plan for land disturbance which is 10,000 square feet or larger and located in a proposed subdivision: $1,360.00, plus $60.00 for each lot. {iii) For an erosion and sediment control plan for land disturbance which is less than 10,000 square feet and is not to be used for asingle-family residence: $100.00. {iv) For any building permit application or erosion and sediment control plan that is to be used for asingle-family residence, separately built or any amendment thereto that changes the proposed building footprint from that of the initial submission: $50.00. {v} For resubmission of all or part of an erosion and sediment control plan for a subdivision ar a residential development for which plan approval has previously been granted, there shall be a fee of $1,000.00 unless the resubrnittal was requested by or an behalf of the county. vi Far anon-exempt timber manauement plan:. $100.00. 10 ~,A ~j j., ~.* 1928.91069.4 {DRAFT OF 3I7/14) ~-~~~~ Y °~'~~ (b} No program administration fee shall be required for an erosion and sediment control plan for land-disturbing activity that takes place in conjunction with a land use for which a minor site plan has been approved in accordance with the zoning ordinance. (c) If gland-disturbance permit is revoked, the applicant shall pay an administrative fee in an amount equal to one-half of the original program administration fee when the applicant applies to have the land-disturbance permit reissued. (d) 1~To business located within an enterprise zone or subzone designated by the Commonwealth of Virginia or technology zone designated by the County shall be required to pay any of the fees described in this section. Sec. 8-14 31. -Approval required for certain existing conditions. (a) It shall be unlawful for any owner of land in an erosion impact area to willfully permit erosion and sedimentation of his land to cause reasonably avoidable damage or harm to adjacent or downstream property, roads, streams, lakes or ponds. (b) When the environmental engineer determines that erosion and sedimentation is occurring in an erosion impact area, he shall give notice of the erasion and sedimentation to the land owner in writing at the address for the owner contained in the real estate assessor's records, and require the owner to obtain gland-disturbance permit for the purpose of engaging in land-disturbing activity to control the erosion and sedimentation. If the owner fails or refuses to obtain gland-disturbance permit within five days after the notice is mailed, or if the owner fails or refuses to install or maintain the erosion and sediment controls required by the approved erosion and sediment control plan after the land-disturbance permit is issued and within five days after the environmental engineer has given him written notice of such failure or refusal, the owner shall be in violation ofthis chapter. The environmental engineer may extend the five-day period if the owner demonstrates good cause for an extension. (c} In order to prevent further erosion, the department of environmental engineering may designate any land within the county as an erosion impact area. Sec. $-#x-32. - Noneornplianee with this e~c~ article. (a} If the environmental engineer determines that the permit holder has not complied with this chapter, the erosion and sediment control plan or the land-disturbance permit, the environmental engineer shall serve a notice to comply on the permit holder by: (1} Delivering the notice to the owner, his designated agent and the responsible land disturber; (2} Mailing the notice by registered or certified mail, to the address which the owner specified for receiving notices in the land-disturbance permit application and the responsible land disturber; or (3} Delivering the notice to the designated agent, contractor who is supervising the land- disturbing activity, at the site where the land-disturbing activity is permitted, or the responsible land disturber. 11 192$.91069.4 (DRAFT OF 3/7114} t~.'`~~ ~'~,='~.,~ (b) The notice shall state the section of this chapter that has been violated and shall describe the measures that the permit holder must take to comply with this chapter. The notice shall also specify the date by which the permit holder shall comply with this chapter. Failure to comply within the time specified in the notice shall constitute a violation of this chapter and the permit holder shall be subject to land disturbance permit revocation and the penalties provided in this chapter. (c) If the permittee has not complied with this chapter within the time specified in the notice, then, in addition to the other actions permitted by this chapter, the environmental engineer may take measures to install ground cover or other temporary erosion and sediment control devices that are deemed necessary by the environmental engineer. The environmental engineer shall document all costs of any measures and shall notify the landowner, in writing, that the cost shall be a charge against the bond, letter of credit or cash escrow that is posted pursuant to this chapter. (d} If the environmental engineer notifies the county administrator of a substantial violation of this chapter, the county administrator may, in conjunction with or subsequent to a notice to comply as specified in this chapter, issue an order in accordance with Va. Code ~ 48-1- ~} i52.1-44.15:58(Cl requiring that all or part of the Iand-disturbing activities permitted on the site be stopped until the specified corrective measures have been undertaken. In issuing such stop work order, the land disturbance permit shall be revoked and, where applicable, all other county permits and inspections for that project shall be suspended. The stop work order shall also apply to sewer and water line construction. The order shall be served in the same manner as a notice to comply, and shall remain in effect for a period of seven days from the date of service pending application by the county attorney or permit holder for appropriate relief to the Circuit Court of Chesterfield County. (e) If land-disturbing activities commenced prior to the issuance of a land disturbance permit are causing, or are in imminent danger of causing, harmful erosion of lands or sediment deposition in waters within the watersheds of the state, the environmental engineer may take measures subsequent to a stop work order as provided in this chapter, to install any groundcover or other temporary erosion and sediment control devices deemed necessary. The environmental engineer shall document all costs of such measures and shall notify the landowner in writing of such costs. The landowner shall reimburse the county for such costs prior to the issuance of a land disturbance permit. (f) Where the identified non-compliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the state, or where the land-disturbing activities have commenced without an approved plan andlor land disturbance permit, a stop work order may be issued without regard to whether the permittee has been issued a notice to comply as specified in this chapter. Otherwise, such an order may be issued only after the permittee has failed to comply with the notice to comply. (g) Where the identified non-compliance has caused significant erosion of lands and sediment deposition in waters within watersheds of the county, or has adversely affected downstream properties, the environmental engineer shall hold the permit holder responsible for any restoration measures deemed necessary. (h) If land-disturbing activities have commenced without a land disturbance permit, the environmental engineer shall issue a notice of permit requirement and a stop work order for 12 1928.91469.4 I7~RAFT OF 3/7/14 ' ~' '-~'. " : -' ~`-- the immediate cessation all of land-disturbing activities. The issuance of such a stop work order shall also operate to suspend all other applicable county permits and inspections. In addition, civil penalties may be imposed in accordance with this chapter. Sec. 5-16 33. -Judicial review. Any person who is engaging in or proposing to engage in land-disturbing activity may appeal a final decision of the county administrator or environmental engineer that is made in the enforcement of this chapter to the circuit court of the county. The appeal shall be filed within 30 days after the person receives notice of the decision. Sec. S-~ 34. -Penalty for violation of el}ap~er this article. (a) A civil penalty in the amount listed on the schedule below may be assessed against the owner of the property, unless otherwise specified in this subsection, for a violation of each of the following offenses: (i) Commencement of land-disturbing activity prior to the issuance of a land disturbance permit as provided in section S-2{~}-5-19(a) shall be a fine of $1,000.00. (ii) Vegetative measures: failure to comply with minimum standards 1,2,3 and 5 shall be a fine of $100.00. (iii} Structural measures: failure to comply with minimum standards 4, 6, 10, 11, 15, and 17 shall be a fine of $100.00. (iv) Watercourse measurers: failure to comply with minimum standards 12, 13 and 15 shall be a fne of $100.00. {v) Slope stabilizationlpratective measures: failure to comply with minimum standards 7, 8 and 9 shall be a fine of $100.00. {vi) Underground utility measures: failure to comply with minimum standard 16(a}, (b), {c}, and/or {d) shall be a fine of $100.00. {vii}Erosi©n control standards and specifications: failure to comply with any standards and specifications contained in chapter 3 of the current edition of the Virginia Erosion and Sediment Control Handbook shall be a fine of $100.00. {viii)Dust control.• failure to comply with the standard and specification 3.39 relating to dust control shall be a fne of $100.00. {ix) Failure of the person responsible for carrying out the plan to provide the name of an individual holding a certificate of competence, as provided by Va. Code § ~ "~~ 62.1-44.15:15, who will be in charge of and responsible for carrying out the land- disturbing activity shall be a fine of $100.00. {x) Certified responsible land disturber: failure of the certified responsible land disturber to fulfill any responsibilities provided far in this chapter shall be a fine of $100.00. (xi) Failure to obey a stop work order shall be a fine of $100.00. (xii}Failure to stop work when a permit is revoked shall be a fine of $100.00. 13 1928.91069.4 (DRAFT OF 317/14) t~•` ~ ~'; ,~ t,,. ~.~ (xiii~Failure to comply with the provisions of the approved forest management elan shall be a fine of ~ 100.00. xiv {-i-}Each day during which the violation is found to have existed shall constitute a separate offense. However, in no event shall a series of specified violations arising from the same operative set of facts result in civil penalties which exceed a total of $3,000.00, except that a series of violations arising from the commencement of land- disturbing activities without a land disturbance permit for any site shall not result in civil penalties which exceed a total of $10,000.00. The assessment of civil penalties according to this schedule shall not be applied toward the cost of the installation of conservation measures required on the approved erosion and sediment control plan andlor any other measures deemed necessary by the environmental engineer and shall be in lieu of criminal sanctions and shall preclude the prosecution of such violation as a misdemeanor under subsection {a} of this section. xv {~~}Any civil penalties assessed in accordance with subsection {b) of this section shall be paid into the treasury of the county and designated for the purpose of minimizing, preventing, managing or mitigating pollution of the waters of the county. (b) The environmental engineer shall prepare an erosion and sediment control civil violation summons for use in enforcing the provisions of this chapter. Such notice shall contain the following information: {i} The name and address of the person charged. {ii) The nature of the violation and minimum standards and specifications that are not being met. {iii) The location and dates that the violation occurred or was observed. {iv) The amount of the civil penalty established for the violation. {v) The manner, location, and time that the civil penalty maybe paid to the county. {vi) A statement that it is the right of the recipient of the notice to elect to stand trial far the infraction and the date of such trial. {c) The environmental engineer or his designee, after consulting with the environmental engineer, shall have the option of serving upon the owner or permittee of the site upon which the violation occurred the civil violation summons, without issuing the notice to comply provided for in section &-~ 8-32 of this chapter. However, the notice of civil violation shall be served without issuing the notice to comply only in circumstances where the owner or his designated agent has demonstrated an unwillingness to comply with the environmental engineer's verbal instruction to comply given to the owner or agent. The notice of civil violation shall be served in the same manner described in section g-~-5 8-32 of this chapter. {d) Should a civil violation summons be issued as provided in this chapter, it shall provide that any person issued the summons may, within five working days of receipt of the summons, elect to pay the civil penalty by making an appearance in person or by certified mail to the Chesterfield County treasurer's office and, by such appearance may enter a waiver of trial, admit liability, and pay the civil penalty established for the violation charged and provide that a signature to an admission of liability shall have the same force and effect as a 14 1928.910b9.4 {DRAFT OF 3/7/14) judgment in court; however, an admission shall not be deemed a criminal conviction for any purpose. {e) if a person charged with a civil violation summons does Trot elect to enter a waiver of trial and admit liability, the environmental engineer shall cause the sheriffs department to serve the summons on the owner or perrnittee. (#} Failure to pay the civil penalty, or to contest the violation, within the time period prescribed herein, shall result in the immediate issuance of a stop work order and the revocation of the permit. {g) The environmental engineer may apply to the circuit court of the county to enjoin a violation or a threatened violation of this chapter, without the necessity of showing that there is no adequate remedy at law. {h) Any person who violates any provision of this chapter may be civilly liable to the county for damages incurred by the county that result from the violation. {i) If a person who has violated any condition of a land-disturbance permit and the environmental engineer agree, the environmental engineer may issue an order to the person to pay a specific civil fine not to exceed $2,000.00 for a violation. Such civil fine shall not be applied toward the cost of the installation of conservation measures required on the approved erosion and sediment control plan andlor any other measures deemed necessary by the environmental engineer. The fine shall be paid into the treasury of the county and designated for the purpose of minimizing, preventing, managing or mitigating pollution of the waters of the county. If such a civil fine is imposed, no civil penalty may be imposed pursuant to subsection {a}. (j} The county attorney shall take legal action to enforce the provisions of this chapter when the environmental engineer requests him to do so and when there is probable cause to believe that a violation has occurred. {k) Without limiting the remedies which may be obtained in this section any person violating or failing, neglecting, or refusing to obey any injunction, mandamus or other remedy obtained pursuant to this section shall be subject, at the discretion of the court, to a civil penalty not to exceed $2,000.00 for each violation. A civil action for such violation or failure may be brought by the county. Any civil penalties assessed by a court shall be paid into the treasury of the county and designated for the purpose of minimizing, preventing, managing or mitigating pollution of the waters of the county, except where the violator is the county itself, ar its agency, the court shall direct the penalty to be paid in the state treasury of the state. ": Article III. Discharges to the Stormwater Sewer System See. 5-35 . -Definitions. In addition to the definitions set forth in section 8-2 when used in this article, the fallowing terms shall have the following meanings: 15 1928.91069.4 {DRAFT OF 3/7/14) ~">,~ e.;f~.:~ <~i'`9 Discharge: Ta dispose, deposit, spill, pour, inject, dump, leak or place by any means; and any substance which is diseased, deposited, spilled, poured, injected, dumped, leaked or placed by any means. Illicit discharge: Any discharge to the storm sewer system that is not composed entirely of stormwater. °~~ except (i} discharges pursuant to a VPDES or state permit (other than the state hermit for discharges from the municipal separate storm sewer? 1~~~~€~-~er~rit, (ii) discharges resulting from ~;rn~~s firefithting activities and (iii} discharges listed in Section -1~-6?-(b} 8-3~(b} unless such discharges are identified by the State or county as sources of pollutants of waters of the United States pursuant to section -~2-~~{~} 8-36(c). Industrial wastes: Wastes resulting from any process of industry, manufacture, trade ar business, or from the development of any natural resource. Municpal sez~arate storm sewer or MSS means a conveyance or system of conveyances otherwise known as a municipal separate storm sewer system, including roads with drainage systems. municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains: 1. Owned or operated by a federal, state, city, town, county, district, association. or other public body, created by or pursuant to state law, havingL iurisdiction or delegated authority for erosion and sediment control and stormwater management, or a designated and approved rnana~ernent agency under ~ 208 of the Clean Water Act that discharges to surface waters; 2.__Designed or used for collecting or conve~g stormwater 3. That is not a combined sewer and 4. That is not part of a up blicly owned treatment works. National pollutant discharge elimination system (NPD~S) permit: The permit issued by the federal government for imposing and enforcing pretreatment requirements pursuant to the dal Clean Water Act. Other waste: Wastes that can adversely affect waters of the United States when discharged into those waters, including, but not limited to, garbage, refuse, lime, fertilizer, ashes, offal, tar, paint, solvents, petroleum products, antifreeze and chemicals. • , Sanitary sewer line: An underground conduit that collects and delivers sanitary wastewater to a wastewater treatment plant. Storm sewer system: The conveyance or system of conveyances located within the county which are designed or used for collecting, storing or conveying stormwater~ or through which stormwater~ is collected, stored ar conveyed, including but not limited to roads, municipal streets, catch basins, drop inlets, curbs, gutters, ditches, pipes, lakes, ponds, man-made channels, storm drains, outfalls, retention, detention and infiltration basins and other facilities. ~~~..ro.u.., , " 1928.91069.4 (DRAFT OF 3l7/ 14} Surface waters: All waters that run across the surface of land, including but not limited to natural or man-made ponds, lakes, impoundments, rivers, streams {including intermittent and ephemeral streams), natural or man-made water courses and tidal and non-tidal wetlands, except that waste treatment systems, treatment ponds and lagoons designed to meet the requirements of the Federal Clean Water Act shall not be surface waters. Virginia Pollutant Discharge Elimination System {VPDES) e~ rmit: ~e-pP'errnit issued by the State Water Control Board pursuant to the State Water Control Law authorizin under prescribed conditions, the potential or actual discharge of .pollutants from a point source to surface waters. Waters of the United States.' All waters, whether on the surface or under the ground, the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce, including but not limited to intrastate lakes, rivers, streams {including intermittent and ephemeral streams), mudflats, sandflats, wetlands, sloughs, prairie pot-holes, wet meadows, playa lakes and natural ponds, except that waste treatment systems, treatment ponds and lagoons designed to meet the requirements of the ~r-aI Clean Water Act shall not be waters of the United States. Wetlands: Land that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted far life in saturated soil conditions, generally including but not limited to swamps, marshes, bags and similar areas. Sec. $-36 ~. - Discharges separately or co-minded with Municipal Storrnwater System to the Storm Sewer System. {a) It shall be unlawful to: {1} Cause or allow illicit discharges to the storm sewer system ^- #° ~~~°+°..~ nr+~,° ,.,,..,,*:,• (2) Cause or allow the discharge of industrial waste or other waste to or throuuh the storm sewer system without a VPDES or NPDES permit; (3~ Cause or allow discharges from. construction activities that are regulated under the Virginia Storrnwater Management Pro ram without the authorization of a separate VSMP permit; { Violate any condition or provision of this article; and {~~-}~5 Connect, or cause or allow to be connected to the storm sewer system ^- ~•,A+°-~ °r' #"° may, without a VPDES er ;NPDES or VSMP permit, any structure that conveys any liquid other than stormwater or discharges listed in paragraph {b) of this section, including but not limited to pipes, drains, sanitary sewer lines, washing machine drains or floor drains. {b) Subject to the provisions of paragraph {c} of this section, the following activities shall not be unlawful illicit discharges: 17 1928.91069.4 (DRAFT C1F 3/7/14) ~" ~~~.r'~-~`_ (1) Water line flushing; (2) Landscape irrigation; (3) Diverted stream flows or rising groundwaters; (4) Infiltration of uncontaminated groundwater fas defined in 40 CFR 35.2005f20~~; (5) Pumping of uncontaminated groundwater; (6) Discharges from potable water sources, foundation drains, irrigation water, springs, water from crawl spaces or footing drains; (7) Air conditioning condensation; {$) Lawn watering; (9) Individual Rresidential car washing; (1 U~ Flows from riparian habitiats and wetlands: ~ 11 Dechlorinated swimming pool discharges; a~ {~}~ his Street ~~g wash water.-i (13) Discharges or flows from firefighting activities; and ~)_ _ Other activities generating discharges identified by the Department of Environmental OualitY as not requiring VPDES authorization. (c) If any activity listed in paragraph {b) of this section is found by the environmental en ig weer to be a source of pollutants to waters of the United States, the ri=~ist~r~ter environmental engineer shall serve a written notice on the party responsible for the activity which orders that the activity be ceased or conducted in a manner that will avoid the discharge of pollutants to the storm sewer system or waters of the county. The notice shall state the date by which the activity shall cease or be conducted without pollution. Failure to comply with any such order within the time stated in the notice shall constitute a violation ofparagraph (a)(3) of this section. (d) Materials from a spill are not authorized unless the discharge of material resulting from a spill _is necessary to prevent loss of life, personal injury, or severe property darna e. The responsible party must take all reasonable steps to minimize or prevent any adverse effect on human health or the environment. Sec. 8-37 ~. -Inspecting and monitoring storrnwater discharge. The ai~at~ environmental en ig Weer shall have the authority to inspect and monitor discharges and sources of potential discharge to the storm sewer system to ensure compliance with this article, including the authority to enter upon private property at reasonable times and under reasonable circumstances consistent with the requirements of the Fourth Amendment of the United States Constitution to inspect or monitor such discharges or sources of potential discharge. The environmental engineer °~'~~~~~*~-~t„~ shall also have the authority to initiate enforcement actions in accordance with section -1-64 8-38. 18 192$.910b9.4 {DRAFT OF 3/7lI4) ' ~' ~~''~.:~~. Sec. 5-38 . -Penalties for violations of article. (a) Any person who knowingly violates any provision of this article shall be guilty of a Class 1 misdemeanor. Each day that such violation is committed, and each day that such violation is permitted to remain uncorrected shall constitute a separate offense. (b} Any person who otherwise violates any provision of this article shall be subject to a civil penalty between $250 and $1,000 for each day that the violation continues. The court assessing such civil penalty may order the penalty to be paid into the treasury of the county and designated for the purpose of minimizing, preventing, managing or mitigating pollution of the waters of the county. {c) Any person who violates any provision of this article shall be responsible for testing, containing, cleaning up, abating, removing and disposing of any substance unlawfully discharged into the storm sewer system or into waters of the county, or, if the adn~~r-air environmental en 1g'neer determines that correction of the violation can best be accomplished by the county, shall be liable to the county for all costs of testing, containment, cleanup, abatement, removal and disposal of any substance unlawfully discharged into the storm sewer system or into waters of the county. (2) That this ordinance shall become effective immediately upon adoption. 1928.91069.4 (DRAFT ©F 317/14] AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 8-1 THROUGH 8-16, RELATING TO STORMWATER MANAGEMENT BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Secti©ns 8-1 through ~4-1 S of the Code of the County of Chester teld, 199, as amended, are amended and re-enacted, to read as follows: CHAPTER 8 STORMWATER MANAGEMENT AND WATER QUALITY Article I. Stormwater Management Sec. $-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 storrnwater management requirements with the County's regulations relating to erosion and sediment control {Chapter 8, Article II) illicit discharges to the Stormwater sewer system (Chapter 8, Article III), and the Chesapeake Bay Preservation Act requirements (Chapter 19, Article IV, Division 4). (c) This ordinance is adopted pursuant to § 6~.1-44.15:27 of the Code of Virginia. Sec. $-2. Definitions. In addition to the definitions set Earth in the Virginia Stormwater Management Regulations, as amended, which are expressly adopted and incorporated herein by reference, the following words and terms used in this chapter have the following meanings unless otherwise specified herein. Where definitions differ, those incorporated herein shall have precedence. '"Administrator" means the VSMP authority, including the "`environmental engineer" who is the County staff person responsible for administering the VSMP on behalf of the locality. "Applicant" means any person submitting an application for a permit or requesting issuance of a permit under this chapter. 1 198.89830.11 (draft of X15114) ~ ,mot ~°~ ~,.~. ~ "Best management practice "' or "BMP" means schedules of activities, prohibitions of practices, including both structural and nonstructural practices, maintenance procedures, and other management practices to prevent or reduce the pollution of surface waters and groundwater systems from the impacts of land-disturbing activities. "Chesapeake Bay Preservation Act land-disturbing activity" means aland-disturbing activity including clearing, grading, or excavation that results in a land disturbance equal or greater than 2,500 square feet and less than one acre in all areas of jurisdictions designated as subject to the regulations adopted pursuant to the Chesapeake Bay Preservation Act, Code of Virginia, § 62.1-44.15:67, et seq. "Clean Water Act" ter "CWA"" means the federal Clean Water Act (33 U.S.C §1251 et seq.}, formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, as amended by Public Law 95-217, Public Law 95-576, Public Law 96-483, and Public Law 97-117, or any subsequent revisions thereto. "Common plan ©f development or sale" means a contiguous area where separate and distinct construction activities may be taking place at different times on different schedules, e.g., a subdivision development. "Commonwealth"means the Commonwealth of Virginia. "Construction record drawing" means an i`as built" drawing prepared by a licensed engineer or surveyor that depicts the actual physical condition of the constructed facility. "Control measure" means any best management practice or stormwater facility, or other method used to minimize the discharge of pollutants to state waters. "County" means the County of Chesterfield, Virginia. ".Department or DEQ"" means the Commonwealth's Department of Environmental Quality. ".Development'" means land disturbance and the resulting landform associated with the construction of residential, commercial, industrial, institutional, recreation, transportation or utility facilities or structures or the clearing of land for non-agricultural or non-silvicultural purposes. "`Environmental engineer" means the Director of the County's Department of Environmental Engineering, including his designees. The environmental engineer is the Administrator responsible for administering the VSMP on behalf of the County. 2 1928.89830.11 (draft of 3!5!14) ~*~ ~-~~<~, r~ ~~ ~- "Environmental Engineering Reference Manual " means the official compilation of policies and standards relating to land development promulgated by the environmental engineer pursuant to his authority under the County Code and applicable federal and state law. "General permit"" means the state permit titled GENERAL VPDES PERMIT FOR DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITIES found at 9VAC25-880-I, et seq., of the Regulations authorizing a category of discharges under the CWA and the Virginia Stormwater Management Act within a geographical area of the Commonwealth. „Land disturbance" or "land-disturbing activity" means aman-made change to the !and surface that potentially changes its runoff characteristics including clearing, grading, or excavation except that the term shall not include those exemptions specified in section 8-3 (c) of this chapter. „Land disturbance permit" or "Permit" or "VSMP Authority Permit" means an approval to conduct aland-disturbing activity issued by the environmental engineer for the initiation of a land-disturbing activity, in accordance with this chapter, and which may only be issued after evidence of general permit coverage has been provided by DEQ. "Lay©ut" means a conceptual drawing sufficient to provide for the specified stormwater management facilities required for stormwater management compliance. "'Minor modification" means an amendment to an existing general permit before its expiration not requiring extensive review and evaluation including, but not limited ta, changes in EPA promulgated test protocols, increasing monitoring frequency requirements, changes in sampling locations, and changes to compliance dates within the overall compliance schedules. A minor general permit modification or amendment does not substantially alter general permit conditions, substantially increase or decrease the amount of surface water impacts, increase the size of the operation, or reduce the capacity of the facility to protect human health or the environment. "Operator" means the owner or other operator of any facility or activity subject to regulation under this chapter. "Permittee" means the person to whom the state permit or VSMP authority permit is issued, including any owner or operator whose construction site is covered under a state construction general permit. "Person" means any individual, corporation, partnership, association, state, municipality, commission, or political subdivision of a state, governmental body, including federal, state, or local entity as applicable, any interstate body or any other legal entity. "Regulations" means the Virginia stormwater Management Program (VSMP) Regulations, 9VAC25-87'0-10, et seq., as amended. 3 1928.$9830.11 {draft of 3!5114} ~~~~ .,~ t~ `..+ "Responsible land disturber" means the individual designated in writing by the holder of the land disturbance permit to be in charge of and responsible far carrying out aland-disturbing activity covered by an approved plan ar an agreement in lieu of a plan. The responsible land disturber must hold a certificate of competence as provided by Va. Code § 62.1-44.15:52. "Site"' means the Land or water area where any facility or land-disturbing activity is physically located or conducted, including adjacent land used or preserved in connection with the facility or land-disturbing activity. Areas channelward of mean low water in tidal Virginia shall not be considered part of a site. "State" means the Commonwealth of Virginia. "'State Board'"means the State Water Control Board. "State permit" means an approval to conduct aland-disturbing activity issued by the State Board in the form of a state sormwater individual permit or coverage issued under a state general permit or an approval issued by the State Board for sormwater discharges from an MS4. Under these state permits, the Commonwealth imposes and enforces requirements pursuant to the federal Clean Water Act and regulations, the Virginia Stormwater Management Act and the Regulations. "State Water Control Law" means Chapter 3.1 (§62.1-44.2 et seq.) of Title 62.1 of the Code of Virginia. "State waters" means all water, on the surface and under the ground, wholly or partially within or bordering the Commonwealth or within its jurisdiction, including wetlands. "Stormwater" means precipitation that is discharged across the land surface or through conveyances to one ar more waterways and that may include sormwater runoff, snow melt runoff, and surface runoff and drainage. "Stormwater management plan" means a document(s) containing material describing methods for complying with the requirements of Section 8-6 of this Ordinance. ""Stormwater Pollution Prevention Plan" or "'SWPPP" means a document that is prepared in accordance with good engineering practices and that identifies potential sources of pollutants that may reasonably be expected to affect the quality of sormwater discharges from the construction site, and otherwise meets the requirements of this chapter. In addition the document shall identify and require the implementation of control measures, and shall include, but not be limited to the inclusion of, or the incorporation by reference of, an approved erosion and sediment control plan, an approved Sormwater management plan, and a pollution prevention plan. 4 1928.89830.11 (draft of 3/5/14} ~~~~~ "Subdivision" means the same as defined in Chapter 17 of the County Code. "SWPPP "means Stormwater Pollution Prevention Plan. "Total maximum daily Zoad" or "TMDL" means the sum of the individual wasteload allocations for point sources, load allocations for nonpoint sources, natural background loading and a margin of safety. TMDLs can be expressed in terms of either mass per time, toxicity, or other appropriate measure. The TMDL process provides for point versus nonpoint source trade- offs. „Virginia Stormwater Management Act" or "Act" means Article 2.3 {§62.1-44.15:24, et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia. "Virginia Stormwater BMP Clearinghouse Website" means a website that contains detailed design standards and specifications for control measures that may be used in Virginia to comply with the requirements of the Virginia Stormwater Management Act, and associated regulations. '"Virginia Stormwater Management Program" or "`VSMP" means a program approved by the State Board after September 13, 2011, that has been established by a VSMP authority to manage the quality and quantity of runoff resulting from land-disturbing activities and shall include such items as local ordinances, rules, permit requirements, annual standards and specifications, policies and guidelines, technical materials, and requirements for plan review, inspection, enforcement, where authorized in this article, and evaluation consistent with the requirements of this article and associated regulations. „Virginia Stormwater Management Program authority„ or "VSMP authority„ means an authority approved by the State Board after September 13, 2011, to operate a Virginia Stormwater Management Program. The environmental engineer is the Administrator responsible for administering the VSMP on behalf ofthe County. 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 erasion and sediment control plan consistent with the requirements of the Erosion and Sediment Control Ordinance {Chapter 8, Article II) and, if applicable, a stormwater management plan as outlined under section 8-6, the technical criteria and administrative requirements far 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 {zoning). 5 1928.89830.11 {draft of 3I5/14) ~:~ ~~~~ (c} Notwithstanding any other provisions of this chapter, the following activities are exempt, unless otherwise required by federal law: (1} Permitted surface or deep mining operations and projects, or oil and gas operations and projects conducted under the provisions of Title 45.1 of the Code of Virginia; (2) Clearing of lands specifically for agricultural purposes and the management, tilling, planting, or harvesting of agricultural, horticultural, or forest crops, livestock feedlot operations, ar as additionally set forth by the State Board in regulations, including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (§ 10.1-1100 et seq.) of Title 10.1 of the Code of Virginia or is converted to bona fide agricultural or improved pasture use as described in Subsection B of ~ 10.1-1163 of Article 9 of Chapter 11 of Title 10.1 of the Code of Virginia; (3) Single-family residences separately built and disturbing less than 2,500 square feet and not part of a larger common plan of development or sale, including additions or modifications to existing single-family detached residential structures; (4) Land disturbing activities that disturb less than 2,500 square feet of land area except for activities that are part of a larger common plan of development or sale that is one acre or greater of disturbance; (5) Discharges to a sanitary sewer or a combined sewer system; (b) Activities under a State or federal reclamation program to return an abandoned property to an agricultural or open land use; (7) Routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original construction of the project. The paving of an existing road with a compacted or impervious surface and reestablishment of existing associated ditches and shoulders shall be deemed routine maintenance if performed in accordance with this subsection; and (8) Conducting Land-disturbing activities in response to a public emergency where the related work requires immediate authorization to avoid imminent endangerment to human health or the environment. In such situations, the environmental engineer shall be advised of the disturbance within seven days of commencing the land- disturbing activity and compliance with the administrative requirements of section 8- 3(a) is required within 30 days of commencing the land-disturbing activity. 6 1928.89830.11 (draft of 3I5/14) ' ~~~~ Sec. 8-4. Stormwater management program established; submission and approval of plans; prohibitions; owner's responsibility for VSMP Permit. {a) Pursuant to § 62.1-44:15:27 of the Code of Virginia, the County hereby establishes a Virginia stormwater management program for land-disturbing activities and adopts the applicable Regulations that specify standards and specifications for VSMPs promulgated by the State Board for the purposes set out in section 8-1 of this chapter. The environmental engineer is designated as the Administrator of the County's Virginia stormwater management program. {b) No permit shall be issued by the environmental engineer, until the following items have been submitted to and approved by him as prescribed herein: {1) A permit application that includes a general permit registration statement {except when a registration statement is not required, e.g., Chesapeake Bay Preservation Act land distributing activity). Asingle-family residence separately built, disturbing less than one acre and part of a larger common plan of development or sale is authorized to discharge under this general permit and is not required to submit a registration statement; (2) An erasion and sediment control plan approved in accordance with the County's Erosion and Sediment Control ordinance, Chapter 8, Article II; and {~) A stormwater management plan that meets the requirements of Section 8-6. Prior to land disturbance, this plan must be approved by the environmental engineer. (c) No permit shall be issued until evidence of general permit coverage is obtained {except when general permit coverage is not required, e.g., Chesapeake Bay Preservation Act land distributing activity). {d) Na permit shall be issued until the fees required to be paid pursuant to section 8-15, are received and a performance bond has been submitted and approved pursuant to section 8-16. {e} No permit shall be issued unless and until the permit application and attendant materials and supporting documentation demonstrate that all Iand clearing, construction, disturbance, Iand development and drainage will be done according to the approved permit. {f) No grading, building or other local permit shall be issued for a property unless a permit has been issued by the Administrator. {g) The owner shall be responsible for preparing, submitting and implementing the VSMP permit. The owner shall also be responsible for the following: {1) Engaging the services of a responsible land disturber as defined in this chapter; 7 1928.89830.11 {draft of 3/5/14) {2} Maintaining all measures required by the VSMP permit; {3) Removing all sediment from sediment basins that are to be converted to permanent best management practice facilities as required by the stormwater management plan; and {4} The restoration or repair of properties and/or waters that have been adversely affected by improperly managed stormwater from the project site which is deemed necessary by the environmental engineer. Sec. $-5. stormwater Pollution Prevention Plan; contents of plan. {a} The SWPPP shall include the content specified by 9VAC25-870-54 and must also comply with the requirements and general information set forth in 9VAC25-880-70, Section II of the general permit. {b) The SWPPP shall be amended by the operator whenever there is a change in design, construction, operation, or maintenance that has a significant effect on the discharge of pollutants to state waters which is nat addressed by the existing SWPPP. {c} The SWPPP must be maintained by the operator at a central location onsite. If an onsite location is unavailable, notice of the SWPPP's location must be posted near the main entrance at the construction site. Operators shall make the SWPPP available for public review in accordance with Section II of the general permit, either electronically or in hard copy. Sec. 8-G. 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 Pian 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: {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 predeveloprnent 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 of this Code, that includes a description of current site conditions and final site conditions; 8 1928.89830.11 {draft of ~/5/14) ., ,. ~~~ ~.: ' ..r {4) A general description of the proposed storrnwater management facilities and the mechanism through which the facilities will be operated and maintained after construction is complete, if the facilities are not to be maintained by the County; {5) Information on the proposed storrnwater management facilities, including: {i} The type of facilities; {ii) Location, including geographic coordinates; {iii} Acres treated; and {ix) The surface waters into which the facility will discharge. {6) Hydrologic and hydraulic computations, including runoff characteristics; {7) Documentation and calculations verifying compliance with the water quality and quantity requirements of section 8-9 and the Environmental Engineering Reference Manual. {8) A map or maps of the site that depicts the topography of the site and includes: {i} All contributing drainage areas; {ii) Existing streams, ponds, culverts, ditches, wetlands, other water bodies, floodplains, and Resource Protection Areas {RPAs); {iii) Soil types, forest cover, and other vegetative areas; {iv) Current land use including existing structures, roads, and locations of known utilities and easements; {v} Sufficient information on adjoining parcels to assess the impacts of storrnwater on the site to, and from, these parcels; {vi} The limits of clearing and grading, and the proposed drainage patterns on the site; (vii) Proposed buildings, roads, parking areas, utilities, and storrnwater management facilities; and {viii) Proposed land use with tabulation of the percentage of surface area to be adapted to various uses, including but not limited to planned locations of utilities, roads, easements, managed turf, and permanently forested areas. {9) Construction activities that are part of a larger common plan of development or sale and disturb less than once acre shall utilize a SWPPP template provided by DEQ and need not provide a separate storrnwater management plan if one has been prepared and implemented for the larger common plan of development or sale. {b) If an operator intends to meet the water quality and/or quantity requirements set forth in section 8-9 through the use of off-site compliance options then, where applicable, a letter of availability confirmed by a bill of sale from the off-site provider must be included. Approved offsite options must achieve the necessary nutrient reductions prior to the 9 192$.89830.11 {draft of 3/5/14j , ~ c> ~+1~~~. commencement of the applicant's land-disturbing activity except as otherwise allowed by § 62.1-44.15:35 of the Code of Virginia. (e) Elements of the stormwater management plans that include activities regulated under Chapter 4 {§54.1-400 et seq.) of Title 54.1 of the Code of Virginia shall be appropriately sealed and signed by a professional registered in the Commonwealth pursuant to Article 1 ~~ 54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia. (d) A construction record drawing for permanent stormwater management facilities shall be submitted to the environmental engineer for approval. The construction record drawing shall he appropriately sealed and signed by a professional registered in the Commonwealth, certifying that the stormwater management facilities have been constructed in accordance with the approved plan. Sec. $-7. Pollution Prevention Plan; contents of plans. (a) Pollution Prevention Plan, required by 9VAC25-870-56 shall be developed, implemented, and updated as necessary and must detail the design, installation, implementation, and maintenance of effective pollution prevention measures to minimize the discharge of pollutants. At a minimum, such measures must be designed, installed, implemented, and maintained to: (1 } Minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water, and other wash waters. Wash waters must be treated in a sediment basin or alternative control that provides equivalent or better treatment prior to discharge; (2} Minimize the exposure of building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste, and other materials present on the site to precipitation and to starmwater; and {3) Minimize the discharge of pollutants from spills and leaks and implement chemical spill and leak prevention and response procedures. (b} The pollution prevention plan shall include effective best management practices to prohibit the following discharges: { 1) Wastewater from washout of concrete, unless managed by an appropriate control; (2) Wastewater from washout and cleanout of stucco, paint, farm release oils, curing compounds, and other construction materials; {3} Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance; and ~4) Soaps or solvents used in vehicle and equipment washing. 10 1928.89830.11 (draft of 315/14) .„ ,..,r~ (c) Discharges from dewatering activities, including discharges from dewatering of trenches and excavations, are prohibited unless managed by appropriate controls. Sec. $-$. Review of Stormwater Management Plan. (a) The environmental engineer shall review starmwater management plans and shall approve or disapprove a stormwater management plan according to the following: (1} The environmental engineer shall determine the completeness of a plan in accordance with Section $-6 and shall notify the applicant, in writing, of such determination, within 15 calendar days of receipt. If the plan is deemed to be incomplete, the above written notification shall contain the reasons the plan is deemed incomplete. (2} The environmental engineer shall have an additional 60 calendar days from the date of the communication of completeness to review the plan, except that if a determination of completeness is not made within the time prescribed in subdivision {1}, then plan shall be deemed complete and the environmental engineer shall have 60 calendar days from the date of submission to review the plan. (3} The environmental engineer shall review any plan that has been previously disapproved, within 45 calendar days of the date of resubmission. (4} During the review period, the plan shall be approved or disapproved and the decision communicated in writing to the person responsible for the land-disturbing activity or his designated agent. If the plan is not approved, the reasons for not approving the plan shall be provided in writing. Approval or denial shall be based on the plan's compliance with the requirements of this chapter. (5) If a plan meeting all requirements of this chapter is submitted and no action is taken within the time provided in section $-$(a)(Z) for review, the plan shall be deemed approved. However, the applicant shall fulfill all other requirements of section $-21 (land disturbance permits) before issuance of a land disturbance permit. (b) Approved starmwater plans maybe modified as follows: (1) Modifications to an approved stormwater management plan shall be allowed only after review and written approval by the environmental engineer, who shall have 60 calendar days to respond in writing either approving or disapproving such request. (2} The environmental engineer may require that an approved stormwater management plan be amended, within a time that he prescribes, to address any deficiencies noted during inspection. (c) The environmental engineer shall require the submission of a construction record drawing for permanent storrnwater management facilities. 11 1928.89830.11 (draft of ~/5/14) ~.~, ~y ~~ Sec. 8-9, Technical criteria for regulated land disturbing activities, including grandfathering provisions. {a) Technical Criteria. (1} To protect the quality and quantity of state water from the potential harm of unmanaged stonnwater runoff resulting from land-disturbing activities, the County hereby adopts the technical criteria for regulated land-disturbing activities set forth in Part II B of the Regulations, as amended, expressly including, without limitation, 9VAC25-87©-63 {water quality design criteria requirements}; 9VAC25-870-b5 {water quality compliance}; 9VAC25-870-6b {water quantity}; 9VAC25-870-69 (offsite compliance options); 9VAC25-870-72 (design storms and hydrologic methods); 9VAC25-870-74 {stormwater harvesting); 9VAC25-870-7b {linear development project); and, 9VAC25-870-85 {stormwater management impoundment structures or facilities) which, along with the requirements of the Environmental Engineering Reference Manual, shall apply to all land-disturbing activities regulated pursuant to this chapter, except as expressly set forth in subsections (b) and {c} of this section. {2} Land-disturbing activities that obtain an initial state permit or commence land disturbance prior to July 1, 2014 shall be conducted in accordance with the Part II C technical criteria of the Regulations including, without limitation, 9VAC25-870-93 through 9VAC25-870-99. Such projects shall remain subject to the Part II C technical criteria for two additional state permit cycles. After such time, portions of the project not under construction shall become subject to any new technical criteria adopted by the State Board. {3) Land-disturbing activities that obtain an initial state permit an or after July 1, 2014 shall be conducted in accordance with the Part II B technical criteria of the Regulations, except as provided for below. Land-disturbing activities conducted in accordance with the Part II B technical criteria shall remain subject to the Part II B technical criteria for two additional state permit cycles. After such time, portions of the project not under construction shall become subject to any new technical criteria adopted by the State Board. (4) Nothing in this section shall preclude an operator from constructing to a more stringent standard at his discretion. {b) Any land-disturbing activity shall be considered grandfathered by the County and shall be subject to the Part II C technical criteria of the Regulations provided: {1} A proffered or conditional zoning plan, proffered plan of development, preliminary or final subdivision plat, preliminary or final site plan, or any document determined by the County to be equivalent thereto {i) was approved by the County prior to July 1, 2012, {ii) provided {prior to July 1, 2012) a layout, meaning a conceptual drawing 12 1928.89830.11 {draft of 3/5/14} ~,~ y ~~~~ sufficient to provide for specified stortnwater management facilities required at the time of approval, {iii) will comply with the Part II C technical criteria of the Regulations and (iv) has not been subsequently modified or amended in a manner resulting in an increase in the amount of phosphorus leaving each point of discharge or the volume ar rate of runoff; (2) A state permit has not been issued prior to July 1, 2014; and (3) Land disturbance did not commence prior to July 1, 2014. (c) County, state, and federal projects shall be considered grandfathered by the County and shall be subject to the Part II C technical criteria of the Regulations provided: {i) there has been an obligation of County, state, or federal funding, in whole or in part, prior to July 1, 2012, {ii} a state permit has not been issued prior to July 1, 2014, and {iii) land disturbance did not commence prior to July 1, 2014. {d) Land-disturbing activities grandfathered under subsections b and c of this section shall remain subject to Part III C technical criteria of the Regulations for one additional state permit cycle. After such time, portions of the project not under construction shall become subject to any new technical criteria adopted by the State Board. {e) In cases where governmental bonding or public debt financing has been issued for a project prior to July I, 2012, such project shall be subject to the technical criteria of Part II C of the Regulations unless the permittee chooses to be subject to the more stringent criteria of Part II B. {f) The environmental engineer may grant exceptions to the technical requirements of Part II B or Part II C of the Regulations, provided that {i} the exception is the minimum necessary to afford relief, (ii) reasonable and appropriate conditions are imposed so that the intent of the Act, the Regulations, and this chapter are preserved, {iii) granting the exception will not confer any special privileges that are denied in other similar circumstances, and {iv) exception requests are not based upon conditions or circumstances that are self-imposed or self-created. Economic hardship alone is not sufficient reason to grant an exception from the requirements of this chapter. (1} Exceptions to the requirement that the land-disturber obtain the VSMP authority permit shall not be approved by the environmental engineer, nor shall he approve the use of a BMP not found on the Virginia Stormwater BMP Clearinghouse Website or any other control measure not duly approved by the Director of the DEQ. {2) Exceptions to requirements for phosphorus reductions shall not be allowed unless offsite options otherwise permitted pursuant to 9VAC25-870-69 have been considered and found not available. 13 i 928.89830.11 (draft of 315/14) ~,~~ (g) Nothing in this section shall preclude an operator from constructing to a more stringent standard at their discretion. Sec. $-10. Long-term maintenance of permanent stormwater facilities. (a} The environmental engineer shall require the provision of long-term responsibility for and maintenance of stormwater management facilities and other techniques specified to manage the quality and quantity of runoff. Such requirements shall be set forth in an instrument recorded in the local land records prior to general permit termination, or earlier as required by the environmental engineer. At a minimum, the instrument shall: (1} Be submitted to the environmental engineer for review and approval prior to the approval of the stormwater management plan; (2) Be stated to run with the land; (3} Provide for ail necessary access to the property for purposes of maintenance and regulatory inspections; (4) Provide for inspections and maintenance and the submission of inspection and maintenance reports to the environmental engineer; and (5) Be enforceable by all appropriate governmental parties. Sec. $-11. 1Vlvnitoring and inspections. (a) The environmental engineer shall inspect the land-disturbing activity during construction for: (1} Compliance with the approved erosion and sediment control plan; (2} Compliance with the approved stormwater management plan; (3) Development, updating, and implementation of a pollution prevention plan; and (4) Development and implementation of any additional control measures necessary to address a TMDL. (b) The environmental engineer may, at reasonable times and under reasonable circumstances consistent with the requirements of the Fourth Amendment of the United States Constitution, enter any establishment or upon any property, public or private, for the purpose of obtaining information or conducting surveys or investigations necessary in the enfarcernent of the provisions of this chapter. (c) In accordance with a performance bond with surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangement or instrument, the environmental 14 1928.89830.11 (draft of 3I5/14) ~~~ engineer may enter any establishment or upon any property, public or private, for the purpose of initiating or maintaining appropriate actions which are required by the permit conditions associated with gland-disturbing activity when a permittee, after proper notice, has failed to take acceptable action within the time specified. {d) Pursuant to § 62.1-44.15:40 of the Code of Virginia, the environmental engineer may require every VSMP authority permit applicant or permittee, or any such person subject to VSMP authority permit requirements under this chapter, to furnish when requested such application materials, plans, specifications, and other pertinent information as may be necessary to determine the effect of his discharge on the quality of state waters, or such other information as may be necessary to accomplish the purposes of this chapter, subject to the protection of confidential information as set forth in Va. Code § 62.1- 44.15:40. (e) Inspections of stormwater management facilities required by the provisions of this chapter (whether during construction, post-construction andlor after expiration of the general permit) shall be conducted pursuant to the County's adopted, and State Board approved, inspection program. Such inspections shall occur, at minimum, at least once every five (5} years, except for such shorter intervals as required by the environmental engineer, or as may otherwise be provided far in section 8-10. Sec. 8-12. Formal hearings. (a) Any permit applicant or permittee, or person subject to requirements of this chapter, who is aggrieved by any action of the County taken without a formal hearing, or by inaction of the County, may demand in writing a formal hearing of such action or inaction causing such grievance, provided a petition requesting such hearing is filed with the environmental engineer within 30 days after notice of such action is given by the environmental engineer. (b) The formal hearing shall be conducted by the County's Deputy County Administrator for Community Development at the time and place designated by the Deputy County Administrator. (c) A verbatim record of the proceedings of such hearings shall be taken and filed with the Deputy County Administrator and the environmental engineer. Depositions may be taken and read as in actions at law. (d) The Deputy County Administrator shall have power to issue subpoenas and subpoenas duces tecum, and at the request of any party shall issue such subpoenas. The failure of a witness without legal excuse to appear or to testify or to produce documents shall be acted upon by the Deputy County Administrator, whose action may include the procurement of an order of enforcement from the Circuit Court for Chesterfield County. Witnesses who are subpoenaed shall receive the same fees and reimbursement for mileage as in civil actions. 15 1928.89830.11 (draft of 3/5/14) J', ~~~ `'~' r~5~ Sec. $-13. Appeal to Circuit Court. Any person, including the County, aggrieved by a decision of the Deputy County Administrator made pursuant to section 8-12, may seek judicial review of such decision in the Circuit Court for Chesterfield County. Sec.8-14. Enforcement. (a) If the environmental engineer determines that there is a failure to comply with the VSMP authority permit Condit"cons or determines there is an unauthorized discharge, notice shall be served upon the permittee or person responsible for carrying out the permit conditions by any of the following: verbal warnings and inspection reports, notices of corrective action, consent special orders, and notices to comply. Written notices shall be served by registered or certified mail to the address specified in the permit application, by email at the Internet address specified in the permit application, or by personal delivery by an agent of the environmental engineer to the agent, contractor, responsible land disturber, applicant, permittee, or owner. (1} The notice shall specify the measures needed to comply with the permit conditions and shall specify the time within which such measures shall be completed. Upon failure to comply within the time specified, a stop work order may be issued in accordance with subsection (b}, the permit may be revoked by the environmental engineer andlor civil penalties may be issued. (2) The stop work order is issued by the environmental engineer and requires the owner, perrnittee, person responsible for carrying out an approved plan, responsible land disturber or the person conducting the land-disturbing activities without an approved plan or required permit to cease all land-disturbing activities until the violation of the permit has ceased, or an approved plan and required permits are obtained, and specified corrective measures have been completed. Such orders shall become effective upon service on the person by certified mail, return receipt requested, sent to his address specified in the land records of the locality, or by personal delivery by an agent of the environmental engineer. However, if the environmental engineer finds that any such violation is grossly affecting ar presents an imminent and substantial danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the Commonwealth or otherwise substantially impacting water quality, it may issue, without advance notice or hearing, an emergency order directing such person to cease immediately all land-disturbing activities on the site and shall provide an opportunity for a hearing, after reasonable notice as to the time and place thereof, to such person, to affirm, modify, amend, or cancel such emergency order. if a person who has been issued an order is not complying with the terms thereof, the environmental engineer may institute a proceeding for an injunction, mandamus, or other appropriate remedy in accordance with section 8-14 (c}. 1b 1928.89830.11 (draft of 3!5/14} ~-% `:~ ~~~ (b) In addition to any other remedy provided by this article, no building permit shall be issued for the construction of any building or structure and no subdivision plat shall be approved, unless the land for which the building permit or subdivision plat approval is sought is in compliance with this article. (c) Any person violating or failing, neglecting, or refusing to obey any rule, regulation, ordinance, order, approved standard or specification, or any permit condition issued by the environmental engineer may be compelled in a proceeding instituted by the County in the Circuit Court for Chesterfield County to obey same and to comply therewith by injunction, mandamus or other appropriate remedy. (d) Any person who violates any provision of this article or who fails, neglects, or refuses to comply with any order of the environmental engineer, shall be subject to a civil penalty not to exceed $32,500 for each violation within the discretion of the court. Each day of violation of each requirement shall constitute a separate offense. {1} Violations for which a penalty may be imposed under this subsection (whether during construction, post-construction and/or after the expiration of the general permit} shall include but not be limited to the following (although, at the discretion of the environmental engineer, any violation of Chapter 8, Article II, Erosion and Sediment Control may be addressed in accordance therewith): (i) No state permit registration; {ii) No SWPPP; (iii) Incomplete SWPPP; (iv) SWPPP not available for review; {v) No approved erosion and sediment control plan; (vi) Failure to install stormwater BMPs or erosion and sediment controls, (vii) Stormwater BMPs or erosion and sediment controls improperly installed or maintained; (viii) Operational deficiencies; (vix} Failure to conduct required inspections; (x} Incomplete, improper, or missed inspections; and {xi) Discharges not in compliance with the requirements of Section 9VAC25-880-70 of the general permit. (2) The environmental engineer may issue a Notice of Violation And Assessment of Civil Penalties to initiate collection of the civil penalty and, if this proceeding is not successful, the matter may be prosecuted in the appropriate court. {3) In imposing a civil penalty pursuant to this subsection, the environmental engineer and the court may consider the degree of harm caused by the violation and also the economic benefit to the violator from noncompliance. 17 1928.89830.11 {draft of 3/5/14) ''..;"; ~~~.'~ (4) Any civil penalties assessed as a result of a summons issued by the County shall be paid into the treasury of the County to be used for the purpose of minimizing, preventing, managing, or mitigating pollution of the waters of the County and abating environmental pollution therein in such manner as the court may, by order, direct. (e} Notwithstanding any other civil or equitable remedy provided by this section or by law, any person who willfully or negligently violates any provision of this chapter, any order of the environmental engineer, any condition of a permit, or any order of a court shall, be guilty of a misdemeanor punishable by confinement in jail for not more than 12 months or a fine of not less than $2,500 nor more than $32,500, or both. Sec.8-15. Fees. (a} Fees to cover costs associated with implementation of a VSMP related to land disturbing activities and issuance of general permit coverage and VSMP authority permits shall be imposed in accordance with Table 1. DEQ may also assess additional fees that the County will collect on behalf of DEQ. These fees listed below, and any additional fees payable to DEQ, shall be paid prior to the issuance of a land disturbance permit. When a site or sites has been purchased for development within a previously permitted common plan of development ar sale, the Applicant shall be subject to fees in accordance with the disturbed acreage of their site or sites according to Table 1. Table 1: Fees for permit issuance Fee type Fee to be paid by Applicant to County. Chesapeake Bay Preservation Act Land-Disturbing Activity (not subject to General Permit coverage; sites within designated areas of Chesapeake Bay Act localities with land-disturbance $209 acreage equal to or greater than 2,500 square feet and less than 1 acre} General / Stormwater Management - Small Construction ActivitylLand Clearing (Areas within common plans of development or sale with land disturbance acreage less than 1 $209 acre.} 18 1928.89830.11 (draft of 3/5/14) tt~-~ ,-, ~~~ 4w ~~,r General / Stormwater Management - Small Construction ActivitylLand Clearing {Sites or areas within common plans of development or sale with land disturbance acreage equal to or $1,944 greater than 1 acre and less than S Acres) General / Stormwater Management -Large Construction ActivitylLand Clearing {Sites or areas within common plans of development or sale with land disturbance acreage equal to or $2'448 greater than S acres and less than 10 acres) General / Stormwater Management - Large Construction Activity/Land Clearing jSites or areas within common plans of development or sale with land disturbance acreage equal to or $3'240 greater than 10 acres and less than SO acres] General / Storrnwater Management -Large Construction Activity/Land Clearing {Sites or areas within common plans of development or sale with land disturbance acreage equal to or $4'392 greater than SO acres and less than 100 acres) General 1 Stormwater Management -Large Construction ActivitylLand Clearing (Sites or areas within common plans of development or sale with land disturbance acreage equal to or $6'912 greater than 100 acres) * If the project is completely administered by DEQ such as may be the case far a state or federal project or projects covered by individual permits, the entire applicant fee shall be paid to DEQ. {b) Fees for the modification or transfer of registration statements from the general permit issued by the State Board shall be imposed in accordance with Table 2. If the general permit modifications result in changes to storrnwater management plans that require additional review by the County, such reviews shall be subject to the fees set out in Table 2. The fee assessed shall be based on the total disturbed acreage of the site. In addition to the general permit modification fee, modifications resulting in an increase in total disturbed acreage shall pay the difference in the initial permit fee paid and the permit fee that would have applied for the total disturbed acreage in Table I. 19 1928.89830.11 (draft of 3/S/14) 'fir ~'~~~ Table Z: Fees paid to the County for the madificatian ar transfer of registration statements for the General Permit for Discharges of Starrnwater from Construction Activities Tyge of Permit Fee Amount General ! Storrnwater Management -Small Construction Activity/Land Clearing (Areas within common plans of development or sale with land $20 disturbance acreage less than 1 acre) General / Storrnwater Management -Small Construction Activity/Land Clearing {Sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 1 and less than 5 ~~~~ acres) General i Stormwater Management -Large Construction ActivitylLand Clearing (Sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than ~ acres and less ~~~~ than 10 acres) General / Stormwater Management -Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 10 acres and less $300 than 50 acres) General / Storrnwater Management -Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 50 acres and less ~~~~ than 140 acres) General / Stormwater Management -Large Construction Activity/Land Clearing {Sites or areas within common plans of development or sale $'700 with land disturbance acreage equal to ar greater than 100 acres) * The fee for re-issuance of a revoked permit is one-half of the original issuance fee. {c} The following annual permit maintenance shall be imposed in accordance with Table 3, including fees imposed on expired permits that have been administratively continued. With respect to the general permit, these fees shall apply until the permit coverage is terminated. 20 1928.89830.11 (draft of 3/5/14) _ ~"'~~~!'/~jy' .f.P ~~6~a/ Table ~: Permit Maintenance Fees Type Qf Permit Fee Amount Chesapeake Bay Preservation Act Land-Disturbing Activity (not subject to General Permit coverage; sites within designated areas of Chesapeake $50 Bay Act localities with land-disturbance acreage equal to or greater than 2,500 square feet and less than 1 acre) General / Stormwater Management -Small Construction ActivitylLand Clearing {Areas within common plans of development or sale with land $50 disturbance acreage less than 1 acre} General / Starmwater Management -Small Construction Activity/Land Clearing (Sites or areas within common plans of development or sale ~~00 with land disturbance equal to or greater than 1 acre and less than 5 acres) General / Starrnwater Management -Large Construction Activity/Land Clearing (Sites or areas within common plans of development ar sale $500 with land disturbance acreage equal to or greater than 5 acres and less than 10 acres} General / Storrnwater Management -Large Construction Activity/Land Clearing (Sites or areas within common plans of development ar sale $650 with land disturbance acreage equal to or greater than 10 acres and less than 50 acres) General / Starmwater Management -Large Construction ActivitylLand Clearing (Sites or areas within common plans of development ar sale $900 with land disturbance acreage equal to or greater than 50 acres and less than 100 acres) General / Stormwater Management -Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale $1,400 with land disturbance acreage equal to ar greater 100 acres) Permit coverage maintenance fees shall be paid annually to the County, by the anniversary date of the issuance of the land disturbance permit. No permit will be reissued or automatically continued without payment of the required fee. Permit coverage maintenance fees shall be applied until a Notice of Termination is effective. {d) The fees set forth in Subsections {a) through (c) above, shall apply to: (1) All persons seeking coverage under the general permit. 21 1928.89830.11 (draft of 3/5/14} ~Y ~~~~ {2) All permittees who request modifications to or transfers of their existing registration statement for coverage under a general permit. {3} Permit and permit coverage maintenance fees outlined under section 8-15 (c) may apply to each general permit holder. {e) No general permit application fees will be assessed to: (1) Permittees who request minor modifications to general permits as defined in section 8-2 of this chapter. Permit modifications at the request of the permittee resulting in changes to storrnwater management plans that require additional review by the environmental engineer shall not be exempt pursuant to this section. (2) Perrnittees whose general permits are modified or amended at the initiative of I3EQ, excluding errors m the registration statement identified by the environmental engineer or errors related to the acreage of the site. {f) All incomplete payments will be deemed as nonpayments, and the applicant shall be notified of any incomplete payments. Interest may be charged for late payments at the underpayment rate set forth in §58.1-15 of the Code of Virginia and is calculated on a monthly basis at the applicable periodic rate. A I0°la late payment fee shall be charged to any delinquent (over 90 days past due) account. The County shall be entitled to all remedies available under the Code of Virginia in collecting any past due amount. See. $-lb. Performance Band. Prior to issuance of any permit or subdivision plat recordation, the Applicant shall be required to submit a reasonable performance bond with surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangement acceptable to the County Attorney, to ensure that measures could be taken by the County at the Applicant's expense should he fail, after proper notice, within the time specified to initiate or maintain appropriate actions which may be required of him by the permit conditions as a result of his land disturbing activity. If the County takes such action upon such failure by the Applicant, the Locality may collect from the Applicant for the difference should the amount of the reasonable cost of such action exceed the amount of the security held, if any. Within b0 days of the completion of the requirements of the permit conditions, such bond, cash escrow, letter of credit or other legal arrangement, or the unexpended or unobligated portion thereof, shall be refunded to the Applicant ar terminated. (2) That this ordinance shall become effective on July 1, 2414. 22 1928.89830.11 (draft of 3JSI14) ~ ~^. ~~ ~. CHESTERFIELD COUNTY BC)ARD OF 5UPERVISt7RS Page 9 of 1 4~~~` AGENDA i7.9 Meeting Date: Apri19.2014 Item Number: S.A,8. Subject: ordinance Amendments Relating Transport County Administrator: to Service Fees for Emergency Ambulance Adopt attached amendments to Section 1d-ld of the County Code relating to service fees for emergency ambulance transport. Summary ©f Information: The Board held a public hearing on March 26, 2©14 on proposed changes to the service fees charged for emergency ambulance transports and additional technical changes. This fee was established to recover costs typically reimbursed by Medicare and commercial insurance companies for the cost of emergency transport services and to enhance emergency medical services. The fees generated from the revenue recovery program partially offset the cost of providing emergency medical transportfrescue services in Chesterfield County. The requested changes in the emergency ambulance transport fee schedule would allow the county to recover costs in accordance with allowable insurance and Medicare rates. The revenue recovery fee schedule was last adjusted in April, 2010. This increase is supported by the Fire and EMS Department. All four volunteer rescue squads in Chesterfield participate in Revenue Recovery and will therefore benefit from the increase in rates. The estimated revenue {based on current transport numbers) to be generated. by the fee increase is $285,(300 and is recommended as follows: basic life support increasing from $394 to $465; advanced life support 1 increasing from $468 to $552; advanced life support 2 increasing from $677 to $799; and the transport mileage rate increasing from $9.60 to $10. The ordinance is attached. Preparers Align M. Carmody Attachments: ~ Yes Title: Director. Budget and Management 1Vo # ~~~: ~ AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 13-53 AND 13-55 RELATING TO VEHICLE REGISTRATION FEES BE IT ORDAINED by the Board 0f Supervisors of Chesterfield County: (1) That Sections 13-53 and 13-SS of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted to read as follows: Sec.13-53. Amount affce--Automobiles; motorcycles. The annual registration fee on each passenger motor vehicle shall be ~~A:88 .40.00. The annual registration fee on each motorcycle shall be ~ $15.00. 000 Sec. 13-SS. Same--Trucks, trailers, buses, etc. (a) The annual registration fee on each truck not designed and used for the transportation of passengers, and not otherwise exempt from taxation shall be $20.00. {b} The annual registration fee on each trailer and semitrailer shall be ~ 10.00. (c} In the case of a combination of tractor-trailer, 0r semitrailer, each vehicle constituting a part 0f such combination shall be registered as a separate vehicle and a separate registration fee shall be paid for each vehicle. {d) The annual registration fee on each motor vehicle, trailer 0r semitrailer upon which well-drilling machinery is attached, and which is permanently used solely for transportation 0f such machinery, shall be $12.00. 000 (2) That this ordinance shall become effective immediately upon adoption. CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 7 of 2 ~, ,~,~,b`` AGENDA ~~, ~_~~' ~e -~9 ~,,.rr~~ •~RCrv~ Meeting Date: April 9, 2©14 Item Number: 8.A.9. Subiect• Ordinance Amendments Relating to Vehicle Registration Fees County Administrator: Adopt Attached Amendments to Sections 13-53 and 13-55 Relating to Vehicle Registration Fees in the County Code. Summary of Information; The Board held a public hearing an March 2&, 2014 concerning proposed changes to the vehicle registration fees. An increase in the amount of the current vehicle registration fee is being requested as a dedicated funding stream to partially address the 1oca1 required match for electing to participate in the revenue sharing program offered annually by the State for county road improvements. The Board authorized the advertisement of a $40 rate for all passenger vehicles and pickup trucks, thus allowing the Board the maximum flexibility for selecting a rate when adopting in April. The recommended increase is $10 far all vehicles, which would bring the current fee of $20 to $30 for all passenger vehicles and pickup trucks. In addition, it is recommended that motorcycles increase from $10 to $15 and trailers would increase from $5.50 to $10. Combined, these increases are estimated to generate about $3.5 million annually. Virginia state code allows localities to charge no greater than the fees charged by the state, which will vary dependent upon weight and type of vehicle. The maximum allowed for a passenger vehicle 4,000 pounds ar less is $40.75, in excess of 4,000 pounds is $45.75; a pickup truck 4,000 pounds or less is $40.75, and a pickup truck in excess of 4,000 pounds is $45.75. Preparers Allan M. Carmody Title: Director, Budget and Management Attachments: . des (~ No # c~'" ' a . ~ ~'i CHESTERI=IEL© COUNTY B©ARD 4F SUPERVIS©RS Page 2 of 2 AGENDA Summary of Inf©rmatian (c©ntinued~ The County Administrator's Proposed FY2015-2019 Capital Improvement Program (CIP) and the FY201.5 Proposed Annual Financial Plan {operating Budget} includes the use of the increased vehicle registration fee revenue to fund the local match requirement. The proposed revenue sharing program for FY2015 totals $1~ million, $8 million of which is from local funds and $$ million from state revenues. The vehicle registration fee increase combined with other county revenues will enable the County to request on an ongoing basis an estimated $4 million from VD©T each year {for a total of $8 million in revenue sharing road projects}. The ordinance is attached. `"-~ r', `.J~ V AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1497, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 13-53 AND I3-55 RELATING TO VEHICLE REGISTRATION FEES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 13-53 and 13-55 of the Code. of the County of Chester field. 1997, as amended, are amended and re-enacted to read as follows: Sec. 13-53. Amount of fee--Automobiles; motorcycles. The annual registration fee on each passenger motor vehicle shall be x:418 44.00. The annual registration fee on each motorcycle shall be x:88 15.44. 000 Sec.13-55. Same--Trucks, trailers, buses, etc. (a) The annual registration fee on each truck not designed and used for the transportation of passengers, and not otherwise exempt from taxation shall be $24A4. (b) The annual registration fee on each trailer and semitrailer shall be $ $14.44. (c) In the case of a combination of tractor-trailer, 0r semitrailer, each vehicle constituting a part of such combination shall be registered as a separate vehicle and a separate registration fee shall be paid for each vehicle. (d} The annual registration fee on each motor vehicle, trailer or semitrailer upon which well-drilling machinery is attached, and which is permanently used solely for transportation of such machinery, shall be $12.44. 000 (2) That this ordinance shall became effective immediately upon adoption. Ob23:92030.1 ~-, :, ~..~ ': ~ ~ cHESTERF1Ei.© caulv~r ~~' a BOARD OF SUPERVISl7RS Page 1 0~ 2 ~~ b ~ AGENDA ~[ccY ~Y\~ - ~,,. ,~ \~~~R41'~t' SubleCt: Adoption of a Resolution Appropriating Funds for Fiscal Year FY2015 County Administrators Comments: County Administrator: Board Action Requested: Adopt the attached Appropriations Resolution for fiscal year 2015 Summary of Information: The County Charter requires adoption of an appropriations resolution to authorize the expenditure of funds for fiscal year 2015. The attached appropriations resolution details and authorizes the expenditure of funds for FY2015 consistent with the proposed plan. Any changes approved by the Board at the final budget work session will be incorporated into the resolution. As has been the case in years past, the 'appropriations resolution will allow for three periodic disbursements to the school division of up to $3 million each. The disbursements are based on the availability of funds and the resolution defines the disbursement intervals. This practice allows for flexibility to adjust the School appropriation should the need arise due to a downturn in revenues or some other unplanned event. Preparers __ Allan M. Carmody Attachments: ~ Yes ?itie: Director, Budget and Management No CHESTERFIELD C©UNTY BOfARD iJF SUPERVISt~RS Page ~ of ~ AGENDA Summary of Information (continued}: Additionally, the resolution reflects withholding the $6.149 million that is appropriated in the general fund. This represents the budgeted revenue associated with the proposed 2-cent real estate tax rate increase for school debt service tied to the seven year CIP plan. This funding will be withheld in the general fund and the appropriations resolution has additional language to authorize the county administrator to transfer the funding when it is needed. Under this language, staff would manage the release of revenues for school debt service expenses in line with the approach described which entails reserving the revenues until the debt service expenditures reach higher levels in the later years of the 7-year period. If the Board adopts an alternative to what is proposed, staff will reflect the appropriate change in the appropriations resolution relative to release of funds. The Appropriations Resolution also defines the percentage of personal property tax relief approved for qualifying vehicles. Each year staff calculates the amount of tax relief for personal property taxes as a direct result of the State's decision to cap the personal property tax relief reimbursement revenue available to Chesterfield. The appropriations resolution stipulates the reimbursement percentage rate for the different levels of value as follows: Personal use vehicles valued at $1,000 or less wi11 be eligible far 100 percent tax relief, consistent with prior years. Personal use vehicles valued at $1,001 to $20,000 will be eligible for 60 percent of tax relief. Personal use vehicles valued at $20,001 or more shall receive 60 percent of tax relief on the first $20,000 of value. All other vehicles that do not meet the definition of "qualifying" (business use vehicles, farm use, motor Names, etc.} will not be eligible for any form of tax relief under this program. The percentage relief amount is recalculated annually and is recommended to be reduced from the current rate of 62 percent to 60 percent. The appropriations resolution contains a new section to grant authority to the county administrator to be able to appropriate and transfer as needed for the newly created healthcare fund in order to pay claims, settlements, and any other casts associated with healthcare. `~ ;~~~- FYZIII S APPRt~PRIATI(~~NS RE.SCIL UTICiN A RESOLUTION TO APPROPRIATE DESIGNATED FUNDS AND ACCOUNTS FROM pESIGNATED ESTIMATED REVENUES FOR FY2015 FOR THE OPERATING BUpGETS AND THE CAPITAL IMPROVEMENT PROGRAM FOR THE COUNTY OF CHESTERFIELD, VIRGINIA BE IT HEREBY RESOLVEp by the Board of Supervisors of the County of Chesterfield: That for the fiscal year beginning on the first day of July 2014 and ending on the thirtieth day of June 2015, the following sections shall be adopted: Sec. 1 The following designated funds and accounts shall be appropriated from the designated estimated revenues to operate and provide a capital improvement program far the county. It is the intent of the Board of Supervisors that general property taxes levied on January 1, 2014, and due December 5, 2014, be appropriated for FY2015. FY2015 Proaosed General Fund Estimated Revenue: Local Sources: General Property Taxes $389,105,200 Other Local Taxes 107,014,100 Licenses, Permits, & Fees 5,480,600 Fines, Forfeitures & Uses of Money & Property 3,083,800 Service Charges 32,499,300 Miscellaneous and Recovered Costs 13,085,100 Other Agencies: State and Federal 141,828,100 tither Financing Sources: Use of Restricted, Committed, or Assigned Fund Balance 21,679,100 Transfer from County Grants Fund 1,297,100 Transfer from Mentat Health, Support Services 492,600 Transfer from Fleet Management 13,200 Transfer from Water Operating Fund 593,100 Transfer from Wastewater Operating Fund 2,300 Unassigned Fund Balance 7J1/2014 55.000,000 Totat Revenues $771,173,600 Appropriations: General Government $48,375,200 Administration of Justice 8,798,900 Public Safety 165,159,400 Public Works 17,208,700 Health & Welfare 67,064,300 Parks, Recreation, Cultural 18,348,000 Community Development 17,173,100 Debt Service 22,872,500 Operating Transfers 345,469,200 Assignments 3,456,300 Unassigned Fund Balance, 6/30/2015 57.248,000 Total General Fund: $771,173,600 ~. •"~ F~ \v' :,r FY201 S APPROPRIATIONS RESOL UTION *Plus encumbrances carried forward in all funds in an amount not to exceed $15 million, which will be reappropriated into the fiscal year beginning July 1, 2014. {see "Section 5") Comprehensive Services Fund Estimated Revenue: Reimbursement, Colonial Heights $334,600 State Aid, Comprehensive Services 3,885,500 Transfer from Social Services 445,200 Transfer from Schools 1,221,100 Transfer from General Fund 1,254,600 Use of Unrestricted Net Assets 270,000 Total Revenues and Funding Sources $7,411,000 Appropriations: Operating Expenses 7 411000 Total Appropriations $7,411,000 School t~neratine Fund Estimated Revenue: Local Sources $23,850,600 State 240,757,600 Federal 32,055,200 Transfer from School Operating 647,600 Transfer from School Food Service 1,000,000 Use of Reserve 1,250,000 Transfer from General Fund: State Sales Tax 58,248,300 Local Taxes 241,01.0,600 Prior Year Revenue 6,883,700 Grounds Maintenance 1,831,100 Total General Fund 307,973,700 Use of Assigned Fund Balance 1,000,000 Total Revenues and Funding Sources 608,534,70fl Appropriations: Instruction 410,396,000 Administration, Attendance & Health 21,281,200 Pupil Transportation 32,574,300 Operations & Maintenance 56,322,400 c~° ~f ~~`i'~ FY241 ~ AFPRC?PRIA TIC.~N,S R.~'~'(~l, ~fil~-1~V Technology 12,338,000 Debt Service 42,860,100 Food Service 25,155,900 Grounds Maintenance 1,831,100 Transfer toand/or Assignment for School Capital Projects 5,775,700 Total Appropriations $608,534,700 Schools - Aaaomattax Reaianal Governor's School Fund Estimated Revenue: local Sources $2,573,100 State 1,119,400 Beginning Fund Balanee 0 Total Revenues and Funding Sources $3,692,500 Appropriations Education 3 692 500 Total Appropriations $3,692,500 County Grants Fund Estimated Revenue: Other Governments 11,825,400 Transfer from General Fund 1,238,300 Total Revenues and Funding Sources $13,063,700 Appropriations: Adult Drug Court $650,500 Clerk of the Circuit Court Technology Trust Fund 270,300 Community Corrections Services Domestic Violence Victim Advocate {V-STOP) 60,900 Community Development Block Grant 1,735,800 Community Services Board Part C 1,523,300 Domestic Violence Prosecutor 106,100 Families First 535,900 Fire & EMS Revenue Recovery 6,409,300 Juvenile Drug Court Grant 314,400 USDA Juvenile Detention Grant 75,000 Victim/Witness Assistance 493,300 Virginia Juvenile Community Crime Act {VJCCCA) 888.900 Total Appropria#ions $13,063,700 County CIP Fund Estimated Revenue: Transfer from General Fund $20,235,900 General Obligation Bonds 13,878,600 Developer Contributions 3,944,200 Transfer from Cash Proffers 944,200 State Funds 14,000,000 Total Revenues $53,002,900 Appropriations: County Capital Projects 49,058,700 FY.~OI S APPRC~PR~ATIiI~N~" RESL ~ITI(~N Transfer to Capital Projects from Cash Proffers Transfer to School Capital Projects Funds Total County CIP Funds Schools CIP Fund Estimated Revenue: Bond Proceeds Lease Financing Transfer from Cash Proffer Fund Fees State Technology Funds Transfer from School Food Service Total Revenue and Transfers* 944,200 3.000.000 $53,002,900 40, 300,000 1,700,000 3,000,000 380,000 1,800,000 9ol,ooa $47,$81,000 Appropriations: School Capital Projects 47,881,000 Total Appropriations* $47,881,000 *An additional $3,350,000 in school project savings is already appropriated in the school capital project fund that will be reallocated for new projects. Fleet Management and Radio Shop Estimated Revenue: Fleet Management Charges Radio Shop Charges Total Revenue and Funding Sources Appropriations: Fleet Management Operations Radio Shop Operations Addition to Unrestricted Net Assets Total Appropriations Caoital Proiects Management Fund Estimated Revenue: Reimbursement for Services Total Revenue Appropriations: Construction Management Operations Total Appropriations Risk Management Fund Estimated Revenue: Appropriations: Operating Revenues Use of Unrestricted Net Assets Total Revenue Risk Management Operations Use of Unrestricted Net Assets Total Appropriations $19,111,600 2.092.100 $21,203,700 $18,702,200 2,092,100 409 400 $21,203,700 753 400 $753,400 753 400 $753,400 $ 7, 865,800 11,080.800 $18,946,600 $7,967,400 10,979.200 $18,946.600 F~'~~11~5 f~PPI~~PI~.f~TI~11~,~ :-'~~~~T~f~1V~ Healthcare Fund Estimated Revenue Employee Contributions Employer Contributions Total Revenue $31,610,100 75,120.200 $106,730,300 Appropriations: Airport Fund Estimated Revenue: Appropriations: Utilities Funds fstirnated Revenue Operating Expenditures Total Appropriations Operating Revenue State Grant Transfer from Airport Fund Total Revenue Airport Operations Airport Capital Improvements Total Appropriations Service Charges Capital Cost Recovery Charges Hydrant/Fire Protection Other Revenue Use of Unrestricted Net Assets Total Revenue Appropriations: Operations Debt Service Transfer to Capital Projects Fund Payment in Lieu of Taxes Addition to Unrestricted Net Assets ?otal Appropriations Utilities Capital Proieet Funds Estimated Revenue: Transfer from Improvement/Replacement Fund Total Revenue $106,730.300 $106,730,300 $746,400 2ao,ooo 250,000 $1,196,400 $946,400 250,000 $1,196,400 $78, 754,000 13,187,000 589,600 4,043,700 38.701.700 $135,276,000 $57,237,600 6,99$,800 70,450,000 589,600 $135,276,000 $70,450,000 $7a,4so,ooo Appropriations: Capital Projects $70,450,000 Total Appropriations $70,450,040 Sec. 2 Appropriations in addition to those contained in the general appropriation resolution may be made by the Board only if there is available in the fund an unencumbered and unappropriated sum sufficient to meet such appropriations. Sec. 3 The County Administrator may, as provided herein, except as set forth in Sections 7, 12, 13, 14, 15, 16, 18 and 23 authorize the transfer of any unencumbered balance or portion thereof from one classification of expenditure to another within the same department or appropriation category. Unless otherwise provided FY2015 APPROPRIATIONS RESOLUTION below, the County Administrator may transfer up to $50,000 from the unencumbered appropriated balance and prior year end carry forward assignments from one appropriation category (including assigned fund balance} to another appropriation category. No more than one transfer may be made for the same item causing the need for a transfer, unless the total amount to be transferred for the item does not exceed $50,000. Sec. 4 The County Administrator may increase appropriations for non-budgeted revenue that may occur during the fiscal year as follows: a} Insurance recoveries received for damage to any county property, including vehicles, for which County funds have been expended to make repairs. b} Refunds ar reimbursements made to the county for which the county has expended funds directly related to that refund or reimbursement. c} Revenue not to exceed $50,000. Sec. 5 All outstanding encumbrances, both operating and Capital, in all County funds up to $15 million, at June 30, 2014 shall be an amendment to the adopted budget and shall be reapprapriated to the 2015 fiscal year to the same department and account for which they were assigned in the previous year subject, if applicable, to any public hearing requirements. At the Close of the fisca[ year, all unassigned appropriations lapse for budget items other than: capital projects; general fund transfers for capital projects and grants; construction assignments for Capital projects; assignments for County and school future capital projects; other use of restricted, committed, or assigned fund balances; District Improvement Funds; donations restricted to specific purposes; federal and state grants, PPTRA revenues; other revenue and program income; revenue recovery funds; Title IV-E funds; cash proffers; all tax revenues received for special assessment districts and interest earnings thereon; Fire and Emergency Medical Services apparatus funding; Economic Development incentive funds; actual transient occupancy tax revenues received and budgeted expenditures in Connection with the Richmond Convention Center; and refunds for off-site and oversized water and wastewater facilities. Any funds budgeted in a given fiscal year that are specifically budgeted to add to an assignment of fund balance shall be automaticaNy authorized to be assigned during the year end audit process. Ail excess revenues and any unspent appropriations in the telecommunications program is authorized to become an automatic assignment for future telephone system upgrades. All revenues from the increased vehicle registration fee received in excess of those budgeted for the state revenue sharing program shall automatically be authorized as an assignment of fund balance at year end. Sec.6 Appropriations designated far capital projects will not lapse at the end of the fiscal year. The County Administrator may approve transfers between funds to enable the capital projects to be accounted for correctly. Upon completion of a capital project, staff is authorized to close out the project and transfer any remaining balances to the original funding source. The County Administrator may approve construction contract Change orders up to an increase of $49,999 and approve all change orders for reductions to contracts. The Board of Supervisors must approve all Change orders of $50,000 or mare or when the aggregate of all changes to a Contract exceeds 10% of the original Contract amount or 20~a if the original Contract is for less than $500,000. Sec. 7 The County Administrator is authorized to approve transfers among Utilities funds and capital projects as long as funding sources are Consistent and total net appropriation is not increased. Should the actual Contract price for a project be less than the appropriation, the County Administrator may approve the tra nsfer of excess funds back to the origina{ funding source upon Completion of the project. Set. 8 Upon completion of a grant program, the County Administrator is authorized to close the grant and transfer balances bark to the funding source. The County Administrator is authorized to reprogram Community Development Block Grant funds by dosing program cost renters and transferring funding to newly approved programs based on adoption by the Board of Supervisors. ~~ rY ~iQ~'~~'~. F'Y.2~I5 tiP.PRDPRIA Tlt)NS RESCC~L r~TT~Ct~N Sec. ~ The County Administrator may reduce revenue and expenditure appropriations related to programs, functions, capital projects, grants, or departments to the level approved. See. 10 The Director of Accounting is authorized to make transfers to various funds for which there are transfers budgeted. The Director shall transfer funds only as needed up to amounts budgeted, or in accordance with any existing band resolutions that specify the manner in which transfers are to be made. Sec. it The Treasurer may advance monies to and from the various funds of the county to allow maximum cash flow efficiency. The advances must not violate county bond covenants or other legal restrictions that would prohibit such an advance. The Treasurer may also advance cash in support of employee benefit accounts. Sec. 12 The County Administrator is authorized to make expenditures from Trust & Agency Funds for the specified reasons for which the funds were established. In no case shall the expenditure exceed the available balance in the fund. Sec. 13 The County Administrator is authorized to transfer among appropriation categories andJar appropriate funds and assignments of fund balance in excess of $50,000 far supplemental retirement, Workers` Compensation, healthcare for retirees and other compensation-related costs, as well as far transfers to departments to cover energy/fuel costs. Sec. 14 The County Administrator may appropriate revenues and increase expenditures in excess of $50,000 far funds received by the county from asset forfeitures for expenditures related to drug enforcement ar other allowable expenditures. The balance of these funds shall not (apse but be carried forward into the next fiscal year. Sec. 15 The County Administrator may increase the general fund appropriation in the School Operating Fund contingent upon availability of funds and other circumstances, based on the following schedule: a} Increase general fund transferJappropriatian an December 15 by $3,000,000. b) Increase general fund transferJappropriation an February 15 by $3,000,000. c} increase general fund transfer/appropriation on May 5 by $3,000,000. And furthermore, as the general fund appropriation includes funding far school debt service associated with an increase in the rea! estate tax rate, the County Administrator shall be authorized to reserve at year end, actual collections of tax revenue associated with the increase in the real estate tax rate for the purposes of funding school's debt service and pay as you go capital project funding reserve. The reserves will be automatically made an assignment from the general fund balance and held in the general fund. The County Administrator is authorized to transfer funds from the reserves to the school division as is needed #rom year to year to cover the increased costs of debt service or to cover the cost of a capital project with the schools pay as you go assignment in the school funds. 5ee.15 The County Administrator is authorized to reallocate funding sources for capital projects, arbitrage rebates/penalties, and debt service payments and to appropriate bond interest earnings to minimize arbitrage rebatesJpenalties, including the appropriation of transfers among funds to accomplish such reallocations. Budgets for specific capital projects will not be increased beyond the level authorized by Sections 3 and 4. The County Administrator is authorized to transfer cash proffers among capital projects to ensure spending in a timely manner as long as the capital improvement program net appropriation is not increased. Sec. 17 Salaries for Planning Commissioners will be increased equivalent to the merit increase county employees are eligible for. The effective date for pay increases, including the Planning Commission and the Board of Supervisors, may cross fiscal years. Sec. 18 The County Administrator is authorized to approve transfers among funds and cap'stal projects as Zang as total net appropriation is not increased. FY201 S APPROPRIATIONS RESOL UTION Sec. 19 The Utilities Department rate stabilization assignment shall be maintained as per guidelines outlined below: a) The minimum annual contribution to the assignment will be 50% of the previous year's depreciation on fixed assets. b) The annua{ contribution to the assignment will continue until 1441 of accumulated depreciation on the fixed assets is funded. If at the beginning of a fiscal year a reserve balance exceeds 140% of accumulated depreciation, a reduction in the annual contribution may be considered. c) Funds cannot be used from the rate stabilization assignment if the balance falls below 25% of that utility's fixed asset accumulated depreciation, other than for Utility internal borrowing purposes. d} The declaration of a financial emergency by the Director of Utilities and a corresponding four-fifths vote by the Board of Supervisors at a publicly advertised meeting declaring the existence of such an emergency is required to suspend Sec. 19a, Sec. 19b, and Sec. 19c. Sec. 24 Upon adoption of this resolution, the School Board and/or the School Superintendent may make expenditure and revenue changes within the school operating funds as follows: a) Transfers of $54,444 or less are subject to the approval of the Superintendent. b) Transfers of $54,441 to $499,999 require the approval of the Superintendent and the School Board. c} Transfers of $504,440 or more require the approval of the Superintendent, the School Board, and the Board of Supervisors. The School Board and/or the School Superintendent shall prepare a budget status report reflecting changes to the approved school budget between appropriation categories, as amended, and the report shall be presented to the County Administrator quarterly. Sec. 21 In accordance with the requirements set forth in Section 58.1-3524{C)(2) and Section 58.1-3912(E) of the Code of Virginia, as amended by Chapter 1 of the Acts of Assembly {2044 Special Session 1) and as set forth in Item 543.E {Personal Property Tax Relief Program) of Chapter 951 of the 2445 Acts of Assembly, any qualifying vehicle situated within the County commencing January 1, 2406, shall receive personal property tax relief in the following manner: a) Personal use veh"scles valued at $1,444 or less will be eligible for 144°l tax relief; b} Personal use vehicles valued at $1,401 to $24,444 will be eligible far 64W tax relief; c) Personal use vehicles valued at $24,441 or more shall receive 60% tax relief on the first $20,444 of value; d) All other vehicles which do not meet the definition of "qualifying" (business use vehicles, farm use vehicles, motor homes, etc.) will not be eligible for any form of tax relief under this program. Pursuant to authority conferred in Item 503.D of the 2005 State Appropriations Act, the County Treasurer shall issue a supplemental personal property tax bill in the amount of 140 percent of tax due without regard to any former entitlement to state PPTRA relief, plus applicable penalties and interest, to any taxpayer whose taxes with respect to a qualifying vehicle for tax year 2445 or any prior tax year remain unpaid on September 1, 2446, or such date as state funds for reimbursement of the state share of such bill have become unavailable, whichever occurs first. e} Penalty and interest with respect to bills issued pursuant to this section shall be computed on the entire amount of tax owed. Interest shall be computed at the rate provided in Section 9-51 of the county code from the original due date of the tax. Sec. 22 The County Administrator is authorized to reduce a department's current year budget appropriation by a dollar amount equal to the prior year's overspending inclusive of encumbrances carried forward. ~„ . FY201 S APPROPRIATIONS RESOLUTION Sec. ~3 Within the healthcare fund the County Administrator is authorized to appropriate use of reserves, interest earnings, and additional employee or employer contributions in excess of $50,000 in order to pay claims, settlements, and any costs associated with healthcare. c_ .,~ "'~'~~~- c ~~~~~f.{ I; 19 ~ •,_rRCiNU' _ CHESTERFIEL© G4UNTY BC3ARD C3F SUPERVISt)RS ADEN©A Page 1 of 1 Meeting Cate: April 9, 2414 Item Number: 8.B.1. Subject: Reappointment to the Chesterfield County Airport Advisory Board {AAB) County Administrator's Comments: County Administrator: Reappointment of one of the five members to the Chesterfield County Airport Advisory Board (AAB), representing the Matoaca District. Summary of Inf©rmation: One of the five district representative members to the AAB term expires on May 22, 2014. Terms are for three years, staggered amongst the AAB membership. The member seeking reappointment is Mr. Steve Uph©ff, Matoaca District. The term would be effective May 23, 2014, and expires May 22, 2017. Mr. Elswick concurs with the reappointment of Mr. Steve Uphoff. Under the existing Rules of Procedure, appointments to beards 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. Preparers Robert C. Kev Title: Director of General Services Attachments: ~ Yes ~ No # ~~ ~ ~~ . t~`A'1}1L L`~ ,~ ~ \.~i~.A, i'` :r, .~ ~~ ~RG[N~ CHESTERFIELD Ct)UNTY BOARD ©F SUPERVISC}RS AGENDA Page 1 of 2 Meeting Date: Aprit 9, 2014 Item Number: 8.8.2. Subject: Nomination/Appointment to the Community Criminal Justice Board County Administrator's Comments: County Administrator: 3t is requested that the Chesterfield County Board of Supervisors approve the following nominee far appointment to the Community Criminal Justice Board {CCJB) for the balance of a two-year term according to the adopted bylaws of the Community Criminal Justice Board. Appointments correspond to prescribed positions in the Cade of Virginia. Summary of Information: The Community Criminal Justice Board (CCJB) serves the 12th Judicial Court Circuit consisting of Chesterfield County and the City of Colonial Heights. The purpose is to provide for the development, evaluation and planning of community programs and services for the court in diverting offenders from local correctional facilities. At the June 14, 1995 meeting, the Board adopted a resolution entitled Joint Resolution Providing for the Implementation of the Comprehensive Community Corrections Act {COCA) and the Pretrial Services Act {PSA); Establishment of the Chesterfield County and City of Colonial Heights Community Criminal Justice Board; and provisions far Joint Exercise of Powers. The resolution designated the membership by position, according to the Code of Virginia. Nominees must be approved by both the Chesterfield County Board of Supervisors and the Colonial Heights City Council. Preparers Sarah C. Snead Title: C?eputy County Administrator Attachments: ~ 5t'es ~ No # ~~, ~.~~ CHESTERFIELD COUNTY BOARD E)F SUE'ERVIStJRS Page 2 of 2 AGENDA It is requested the following individual be appointed to serve the remainder of a two-year appointment that began July 1, 2013, and ends June 30, 201.5. This vacancy occurred when Sheriff Dennis Proffitt retired effective February 1, 2014. The Honorable Karl Leonard (Chesterfield County Sheriff) Kaxl Leonard was sworn in as the Chesterfield County Sheriff on March 24, 2014, following the March 18, 2014 special election. Sheriff Leonard's address is Sheriff's Department, P.Q. Box 7, Chesterfield, Virginia 23832. Sheriff Leonard has agreed to serve if appointed. 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. ~s f' ~~ ~~~~ ~Fy~tn ~4. ~~' ~ .:, ~~Y~~~,~ ,~,4 hecc++;. CHESTERFIELD C©UNTY BOARD aF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: April 9, 2014 Item Number: 8.B.3. Subiect: Appointment of Two Additional Board of Supervisors Representatives to the Richmond Area Metropolitan Planning Organization and One Supervisor as an Alternate County Administrator's Comments: County Administrator: Appoint Supervisors Warren and Decker from the Board of Supervisors to represent the County on the Richmond Area Metropolitan Planning Organization and Supervisor Jaeckle of the Board to serve as an alternate. Summary of Information: The Richmond Area Metropolitan Planning Organization {MPO) is a regional entity made up of Richmond-area localities and transportation entities such as GRTC and the RMA. The MPO, among other functions, decides an the distribution of certain federal transportation funding in the region. For years, the governing bodies of MPO localities have appointed non-elected representatives (such as county and city transportation officials) to represent them at the MPO meetings and to vote on their behalf. In fact, in 1995, Governor George Allen, through the Secretary of Transportation Robert E. Martinez, authorized localities to appoint representatives to participate "on behalf of" each local government. A number of other MPO's in Virginia have operated the same way as the Richmond MPO by having non-elected representatives participate and vote on behalf of localities. Recently, the MPO received correspondence from the Federal Highway Administration (FHWA) and the Federal Transit Administration (FTA) contending Preparers Jeffrey L. Mincks Title: County Attorney . 0425:92236.1 Attachments: ^ Yes ~ No #~~.~: ~~ CHESTERFIELD COUNTY Bt3ARD ©F SUPERVIS©RS Page 2 of 2 AGENDA that federal regulations mandate that the representatives of a locality who serve on the MPO and vote on the MPO matters must be elected officials of the locality. Staff questions this conclusion and has sent a response letter, along with Henrico County, asking for clarification and reconsideration of the position of the FHWA and FTA. In the meantime, counsel for the MP© is reluctant to allow non-elected representatives of localities to vote at MPO meetings in light of this correspondence. Two Board members, Chairman Holland and Vice-Chairman Elswick, currently represent the County on the MPO but the County's other representatives are not elected officials. In the interim period, while the FHWA and FTA are reviewing this matter, staff believes that it is advisable for the Board to appoint two additional Board members to represent the County at the MPO and to appoint the fifth Board member to serve as an alternate. Supervisors Warren and Decker are willing to serve as County representatives to the MPCJ and Supervisor Jaeckle is willing to serve as the alternate. These appointments will replace the existing non-elected representatives and alternate. This action needs to be taken at this meeting because the MPO meets tomorrow, April 20, X014, and is scheduled to consider a significant transportation funding allocation proposal affecting the region at that meeting. Under the existing Rules of Procedures, appointments by the Board are nominated at one meeting and appointed at the subsequent meeting unless the rules of procedures are suspended by unanimous vote of the Board members present. Nominees are voted on in the order that they are nominated. r' ~~~~ ~~ ~ L^ ~v ~ i ~ ~ (~ ~__~. (\` ~R~~~~- CHESTERFIELD G4UNTY BOARD OF SUPERVIS+DRS AGENDA Page 1 of 2 Meeting Date: Apri19, 2014 Item Number: 8.C.1.a. Subiect~ Resolution Approving Issuance of $55,000,000 Economic Development Authority Revenue Bonds for the Benefit of Senior Living Choices of Virginia, Incorporated Gounty Administrator's Comments: County Administrator: The Board is requested to adopt the attached resolution. Summary. of Inf©rmaticsn: ©n March 20, 2014, the Economic Development Authority ("EDA") held a public hearing and adopted an inducement resolution reflecting its intent to issue bonds not to exceed $55,000,000 far the benefit of Senior Living Choices, Inc. which does business as Brandermill Woods. The funds will be used to finance certain capital improvements at Brandermill Woods facilities located at 24311 Brandermill Woods Trail and 2100 Brandermill Parkway. The capital improvements include: the construction and equipping of a new 140,000-square foot independent living building, which will add 75 new units; the 29,000 square foot expansion of one of the existing independent living buildings to add 18 new units; the expansion and renovation of the existing health care center to include 22 new skilled nursing private rooms; .the renovation and expansion of the existing clubhouse which will include a wellness center and indoor pool; and the construction of 130 additional parking spaces. Preparers Will Davis Title: Director of Ec©n4mic Development 0623:92215.1 Attachments: ~ Yes ~ No # ,..~ ,~,~ ,V., .' ' ;~ ~~ CHESTERFIELQ GQUNTY BC3ARD C3F SUPERVIS-URS Page 2 of AGENDA The Internal Revenue Code requires the Board of Supervisors to approve the EDA's issuance in order for the interest an the bonds to be tax exempt. Approval of the issuance is not an endorsement of the project or a representation regarding the viability of the company. The County will have no liability for or obligation with respect to the bonds. Staff recommends approval. ~~_~ i~. ~~ ~~~~ RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA WHEREAS, the Economic Development Authority of the County of Cheste~eld (the "Authority") has approved the application of Senior Living Choices of Virginia, Inc., dlb/a Brandermill Woods (the "Company"}, a Virginia non-stock, not-for-profit corporation, requesting that the Authority issue up to $55,000,000 of its revenue bonds in one or mare series at one time or from time to time {the "Bands") to assist the Company in (a) financing certain capital improvements at the Company's facilities located at 14311 Brandermill Woods Trail and 2100 Brandermill Parkway, Midlothian, Virginia 23112 {the "Facilities"), including (i) the construction and equipping of a new approximately 140,021 square foot four story independent living building to include approximately 75 independent living units and one level of parking for approximately 69 spaces, (ii) the construction and equipping of a three story approximately 29,505 square foot expansion of one of the existing independent living buildings to include appraximately 18 additional independent living units, {iii} the expansion and renovation of the existing health care center to include the addition of approximately i 7,566 square feet, to include appraximately 22 new skilled nursing private rooms, {iv) the construction and equipping of an approximately 4,019 square foot maintenance building, (v) the renovation and expansion of the existing clubhouse to include the addition of approximately 22,284 square feet, which will include a wellness center, an indoor pool, dining facilities, theatre, and multipurpose rooms, {vi) the construction of additional parking lots far approximately 130 parking spaces and (vii) certain other capital improvements at the Facilities (collectively, the "Project"), {b) funding a debt service reserve fund and {c} financing funded interest, marketing costs, working capital and costs of issuance incurred in connection with the Project and the issuance of the Bonds {collectively, the "Plan of Finance"), and has held a public hearing on March 20, 2014; WHEREAS, Section 147{f) of the Internal Revenue Code of 1986, as 'amended (the "Code"'), provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bands; WHEREAS, the Authority issues its bonds an behalf of the County of Chesterfield, Virginia {the "County"), the Project is located in the County and the Board of Supervisors of the County of Chesterfield, Virginia (the "'Board"}, constitutes the highest elected governmental unit of the County; WHEREAS, the Authority has recommended that the Board approve the Plan of Finance and the issuance of the Bonds; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal impact Statement have been filed with the Board. -•~ ~ ~ ~~ NOW, THEREFORE, BE IT RESOLVED BY THE $OARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: 1. The Board approves the issuance of the Bonds by the Authority for the benefit of the Company, as required by Section 147(f) of the Code and Section 15.2-4906 of the Code of Virginia of 1950, as amended (the "Virginia Code") to permit the Authority to assist in accomplishing the Plan of Finance. 2. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Plan of Finance or the Company. ~. This resolution shall take effect immediately upon its adoption. Adopted by the Board of Supervisors of the County of Chesterfield, Virginia this 9th day of April, 2014. Clerk, Board of Supervisors County of Chesterfield, Virginia [SEAL] ~_. 2 CHESTERFIELD COUNTY ,~.~~`~`°`K, BOARD ©F SUPERVISORS Page 1 of 1 °C+~.~~"~//j,}:~ AGENDA ~)` 1)i9 `6~' Meeting Date: Aprii 9, 2014 t#em Number: 8.C.1.b.1. Subject; Resolution Recognizing Ms. Dawn L. Simmons, Utilities Department, Upon Her Retirement County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution. Summary ©f Information: Staff requests the Chesterfield County Board of Supervisors recognize Ms. Dawn L. Simmons for more than 35 years of service to the Utilities Department and the citizens of Chesterfield County. Preparers R©y E,_CQVinptan, P.E. Title: Director, Utiiities Department Attachments: ^ Yes ~ No # rT r~ ~~~ ~.: ~ `..> RECOGNIZING MS. DAWN L. SIMMDNS UPON HER RETIREMENT WHEREAS, Ms. Dawn L. Simmons retired from the Chesterfield County Utilities Department on April 1, 2014; and WHEREAS, Ms. Simmons began her public service with the Chesterfield County Utilities Billing section as an Account Clerk on January ~, 1979; and WHEREAS, Ms. Simmons transferred to the Utilities Operations Center as a Stock Handler in 1983 and was promoted to the Logistics Supervisor position responsible for the Central Stores section in 2007, where she has served faithfully until her retirement; and WHEREAS, Ms. Simmons managed the procurement of equipment and material used for the maintenance and operation of the water distribution and wastewater collections systems infrastructure; and WHEREAS, Ms. Simmons utilized her knowledge of these systems to maintain an adequate level of inventory materials needed to provide water and wastewater service that is safe, reliable and environmentally sound; and WHEREAS, Ms. Simmons was focused on providing world-class customer service by consistently meeting or exceeding customer expectations by assuring that all customers' needs were served in an expeditious, courteous, effective and prompt manner by taking full advantage of every customer request for service opportunity to provide an excellent response; and WHEREAS, Ms. Simmons continuously focused her efforts on providing personnel with the resources needed to perform their tasks effectively and efficiently while ensuring the financial integrity of the department; and WHEREAS, Ms. Simmons consistently exceeded expectations as reported in the annual physical inventory audits; and WHEREAS, Ms. Simmons was respected and well liked by her peers and co- workers and developed many excellent working relationships with various vendors and manufacturer representatives. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Ms. Dawn L. Simmons and extends on behalf of its members and citizens of Chesterfield County, appreciation for more than 35 years of exceptional service to the county. rw' r, w! ~~~~~o ~ ~ ky~ { ( 1 e\ ~, nag \_.. <«~n~... CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: Aprii 9, 2014 Item Number: 8.C.1.b.2. Subect: Resolution Recognizing Officer First Class Bartholomew "BB" Clarke, Police Department, Upon His Retirement County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution. Summary of Information: Officer First Class Bartholomew "BB" Clarke retired from the Police Department on April 1, 2014, after providing over 2& years of service to the citizens of Chesterfield County. Preparers Colonel Thierry G. Qupuis Title: Chief ~of P©lice Attachments: ~ Yes ~ No ~~.~-,~ RECOGNIZING OFFICER FIRST CLASS BARTHOLOMEW "BB" CLARKE UPON HIS RETIREMENT WHEREAS, Officer First Class Bartholomew "BB" Clarke retired from the Chesterfield County Police Department on April 1, 2014, after providing more than 26 years of outstanding quality service to the citizens of Chesterfield County; and WHEREAS, Officer Clarke has faithfully served the county in the capacity of Patrol Officer, Detective and Officer First Class; and WHEREAS, during his tenure, Officer Clarke has served in the capacity of Funeral Escort Officer, Field Training Officer, General Instructor, Public School Gang Specialist, School Resource Officer, and as a member of the South End Task Force; and WHEREAS, Officer Clarke was awarded the Purple Heart for injuries received while protecting a victim who was being attacked; although injured himself, he was able to bring the victim to safety, and was recognized for his commitment to duty and for distinguishing himself by the actions he took to prevent further injury to the individual; and WHEREAS, Officer Clarke was the recipient of the Meritorious Service Award for his exemplary devotion to duty during an undercover operation, after placing himself in personal danger on numerous occasions in an operation that resulted in the arrest of more than 1fl0 individuals indicted on over 30fl charges; and WHEREAS, Officer Clarke and his fellow School Resource Officers were recognized with a Unit Citation Award for achieving a high volume of case resolutions while maintaining a strong focus on their normal duties at the schools; and WHEREAS, Officer Clarke received a Certificate of Achievement for his enthusiasm, dedication and professionalism in an operation that was brought to a successful and safe conclusion with the seizure of illegal narcotics and assets, and more than 100 criminal indictments of 82 individuals; and WHEREAS, Officer Clarke is recognized for his communications and human relations skills, his professionalism and his teamwork, all of which he has utilized within the Police Department and in assisting citizens of Chesterfield County; and WHEREAS, Officer Clarke has received numerous letters of commendation, thanks and appreciation for services rendered; and WHEREAS, Officer Clarke 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 Officer Clarke's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Officer First Class Bartholomew "BB" Clarke, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. q~`9~'u'° ca ~~ ,~ ~; ~:,v hucr+~T', CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: Apri19, 2014 item Number: 8.C.1.b.3. Subject; Resolution Recognizing Lieutenant Timothy A.W. Spivey, Police Department, Upon His Retirement County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution. Summary of Inf©rmation; Lieutenant Timothy A.W. Spivey retired from the Police Department on April 1, 2014, after providing more than 22 years of service to the citizens of Chesterfield County. Preparers C©lonel Thierry G. Dupuis Title: Chief of Police Attachments: ^ Yes ~ No # t~, ~c RECOGNIZING LIEUTENANT TIMOTHY A.W. SPIVEY UPON HIS RETIREMENT WHEREAS, Lieutenant Timothy A.W. Spivey retired from the Chesterfield County Police Department on April 1, 2Q14, after providing more than 22 years of quality service to the citizens of Chesterfield County; and WHEREAS, Lieutenant Spivey has faithfully served the county in the capacity of Patrol Officer, Detective, Senior Detective, Senior and Master Officer, Sergeant and Lieutenant; and WHEREAS, during his tenure with the Chesterfield County Police Department, Lieutenant Spivey has served as a Field Training Officer, General Instructor, Firearms Instructor, Platoon Lieutenant, Special Operations Lieutenant, Special Weapons and Tactical Team Commander, Honor Guard Commander, and as a member of the Marine Patrol, Special Response Unit and FugitiveJWarrant Task Force; and WHEREAS, Lieutenant Spivey was the recipient of a Life Saving Award due to his quick thinking and rapid actions after a suicidal subjects self- inflicted wound; the subject was subsequently rushed to the hospital for treatment; and WHEREAS, Lieutenant Spivey received the Meritorious Service Award for his many years of service on the Police Departments Special Weapons and Tactical Team, serving in many capacities while on the team, including operator, assistant team leader, team leader and team commander, and his exceptional performance and leadership assisted the department in successfully resolving numerous tactical situations and ultimately saved lives; and WHEREAS, Lieutenant Spivey has been a long-term member of the Police Honor Guard where he has served as Honor Guard Commander, and he and his fellow unit members have received two unit citations for their exemplary work and professionalism displayed during numerous assignment details; and WHEREAS, Lieutenant Spivey received a Chief's Commendation Award for distinguishing himself as a member of the Tactical Team while assisting the DEA Task Force in an extended surveillance and successful arrest of a suspect considered highly dangerous due to his violent past, suspected drug use and access to extremely destructive weapons; and WHEREAS, Lieutenant Spivey was recognized with an Achievement award for his teamwork that culminated in the implementation of the 12-hour shift, which consisted of evaluating current law enforcement scheduling practices, recommending a schedule for adoption, implementing a trial period and evaluating the new schedule, and there are many positive impacts of the new schedule, with perhaps the most important being mare officers on the street to serve the citizens of Chesterfield County; and WHEREAS, Lieutenant Spivey has received additional commendations for dedicated service, which are too numerous to list, and many letters of thanks and appreciation for services rendered; and ~~~ WHEREAS, Lieutenant Spivey is recognized for his communication and human relations skills, his professionalism and his teamwork, all of which he has utilized within the Police Department and in assisting citizens of Chesterfield County; and WHEREAS, Lieutenant Spivey has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors wi11 miss Lieutenant Spivey's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board Of Supervisors recognizes Lieutenant Timothy A.W. Spivey, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. x ~~ /`~ -- ~;ss RG CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting date: Apri! 9, 2414 Item Number: 8.CA~,a. Subject: Authorization to Award a Construction Contract for the Osborne Road (Cliff Lawn Drive to Shopping Center) Sidewalk Project County Administrator's Comments: County Administrator: '~ The Board is requested to authorize the County Administrator to award a construction contract up to $772,580 to the lowest responsive and responsible bidder and execute all necessary change orders, up to the full amount budgeted for the project. Summary of Information: In October 2011, as part of the project designation far the 2013 Revenue Sharing program, the Board authorized staff to proceed with the design and right-of-way acquisition of the Osborne Road (Cliff Lawn Drive to Shopping Center) Sidewalk Project. The project was advertised for construction on March 28, 2014 and bids are due April 22, 2014. In order to avoid delaying the project, the Board is requested to authorize the County Administrator to award a construction contract, up to $772,580, to the lowest responsive and responsible bidder. The Board is also requested to authorize the County Administrator to execute all necessary change orders, up to the full amount budgeted for the project. (Continued on next page) Preparer: Jesse W. Smith Preparer: Allan M. Carmody Attachments: ~ Yes Title: director of Transportation Title: Director of Budget & Management ~7 t~r,l~~. '.3 ~~J ~') 1VO CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Recommendation: Staff recommends the Board take the following actions for the Osborne Road {Cliff Lawn Drive to Shopping Centers Sidewalk Project: 1. Authorize award of a construction contract, up to lowest responsive and responsible bidder; and 2. Authorize the County Administrator to execute all orders for the work, up to the full amount budgeted, Distric#: Bermuda $772,580, to the necessary change for the project. ~~.~~~~~ C~SBC}RNE ROAD {CUFF LAWN TtJ SHOPPING CENTER} SIC~EALK PRGJECT REVENUE [}ate Source Amount 7/1/12 Revenue Sharing (VDOT: $150,000; Coun : $150,000 $800,000 4!24!13 Anticipated VDOT Reimbursements $839,838 TOTAL $1,139,$38 ESTIMATE Current Prelimina En ineerin $140,000 Ri ht-of-wa & Utilities $95,000 C©nstruction $??2,580 Construction Contin enc $??,258 Construction Administration & Ins ection $55,000 Total $1,139,838 r~: ~~~. ~,~ \, lid9 ~'iirci~`~` CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Il~eeting Gate: April 9, 2U14 Item Number: 8.C.2.b. Subiect• Authorization to Award a Construction Contract for the Route 360 {Genito Road to Warbro Road) Widening Project County Administrator's Comments: County Administrator: The Board is requested to authorize the County Administrator to award a construction contract up to $1,652,581 to the lowest responsive and responsible bidder and execute all necessary change orders, up to the full amount budgeted for the project. Summary of Information: In July 2011, the Board appropriated $3,500,000 in anticipated VDOT reimbursements for the Route 360 (Genito Road to Warbro Road) Widening Project. The project was advertised for construction on March 21, 2014, and bids are due April 15, 2014. The engineer's estimate for the project is $1,155,651. Based. on recent advertisements, bids have been approximately 300 higher than the engineers' estimates. Factoring in this potential increase, along with a loo construction contingency, the adjusted estimate for the project is $1,652,581. (Continued on next page) Preparer: Jesse W. Smith Preparer: Aiian M. Carmody Attachments: ~ Yes Title: Director of Transportation Title: Director of Budget & Management CHESTERFIELD Ct)UNTY Bt)ARD ©F SUPERVISC3RS Page 2 of 2 AGENDA Recommendation: In order to avoid delaying the project, the Board is requested to authorize the County Administrator to award a construction contract, up to $1,652,581, to the lowest responsive and responsible bidder. The Board is also requested to authorize the County Administrator to execute all necessary change orders, up to the full amount budgeted for the project. Staff recommends the Board take the following actions for the Route 36U tGenito Road to Warbro Road) Widening Project: 1. Authorize award of a construction contract, up to $1,552,581, upon VDOT concurrence, to the lowest responsive and responsible bidder; and 2. Authorize the County Administrator to execute all necessary change orders for the work, up to the full amount budgeted, for the project. DIStt'ICt: Clover Hi11 ;~ r~ ~, ROUTE 360 (GENITO RD TO WARBRO RD) WIDENING PROJECT REVENUE Date Source Amount 7/27111 Anticipated V©4T Reimbursements $3,500,000 TC?TAL $3,500,f1f?0 ESTIMATE Current Prelimina En ineerin $300,000 Ri ht-of-wa & Utilities $450,000 Construction $1,652,581 Construction Contin enc $150,235 Construction Ins ectian $180,000 Total $2,?32,816 ~' X ~. ~, ,~„ u CHESTERFIELD COUNTY '~``~F~'r,~ BOARD 4F SUPERViS{)RS Page 1 of 1 y~~ AGENQA ~.~ 1i49 L!AC'SN~ Meeting Date; Aprit 9, 2I114 Item Number: 8.C3. Subject: Designation of Right of Way for West Hundred Road County_Administrator's Comments: County Administrator: Designate right of way for West Hundred Raad and authorize the County Administrator to execute the declaration. Summary of Information: In order to construct the Chester Village Pedestrian Improvements Project on West Hundred Road, it is necessary that a parcel of county property containing fl.U6 acres be designated as public right of way. This request has been reviewed by the Transportation Department and schools staff. Approval is recommended. Qistrict: Bermuda Preparers John W. Harmon Attachments: ~ Yes a N© Title: Real Property Manager ff ., i 2 8 ar,~ , ~~ qtr ! ! I ~ 1 I ~~bz~ m "' a y~d'a ill tlllrygl _ vl ~~ I 9 ~' /1 ~ '14 ~15~ o~ ~ 3 ~WY~~~" ~^~ I ~~ $" eft ~k g o~a4 ~~ 1 ~ ~~~abo _P ~ ~ I ~ +~ a;;~ ~"LS ~ ~`~ 11 ~~ a~• ~ ~ I I ' ~vp, vii ~ ~..~ 4~ ~°'°~ 734 awl ~+1 / A~ ~ ~~ ~ ~ cn ~~ ~a€R'~ ~ t'` ~~ `~ x.>,nw auras ``~ ... '~ ._,- ,?? ~'i~` JI y ~@~~< g ~ ~/,~ssax. ad ~ ~ti cork ~`~\.-` \ \ // `R ~ ~ / LovYL fd u! M;;~WiN b'~ fn E ~ J u c~ ~ y~$q N Fa e~ ~ 4~\ r. 1 V31"M 9 OnaS F' ~ i't9 ~I1 N $ ) ,'~' fl ``"' `~\ ~ „__________________~.~ 0f3F 9D ~5 (JasM- Osn ~p y~pd urold) ___________ . S it i 5 S cWn~ ®'~ /J '\ \\ N~+cso3~NO)N If+B.SI_ __ __ ' ______ • .qe i ~+ ~ _- /~ / \ > / /~ ~~ ~_ 1 ~Y l .~ t0Y5$E 715Ep 1 ~-~~~; ,,F 9 ~ ~ /// ~7G~A `, ilj R J/ J aWnj,n Xd u1 ~ ~p ~ ~ 'I ! /1 J/ ~ \ th ~ ~ii /J///// ~e ~ I' ~' I e ~® it l 4 I i ----"--- n 9 ~ 3`~ ~~ w, I I I o~af~~~ it I ~c~~~p ~~ ~ I I ~ $~'~~~5 l i d ~~~~~'~ ~ ~ ~o ~ ~ I ~~~~~~ j i i 3 saa ~~'~& ~ ~q I I wo°°°~ i l i >~ ~~~0~ ~e b ~ ~~ I I I ~ ~ 1 1 ~~ ~ ii ~ iii ~ ; i I iii ' 1 t 1 111 I I ~ ~ 1 ~~R6~ iii l iii ~i .I, .,. III i'i I;% ;;i I ~, I,I .I, ,,, .,, ,,, 1. .,. 1 I I t,I i i; iii ~g 8 F g 1 1 1 111 r ~~+~ ~~ o m ~ i i l I ~ wr~B 1. ~ r ~d~ ~~~ 1, ,,, b dy yr 1 I I 111 W+ ~ ~ a~ g~ ~ ~ ~8 ~` I I 1 11111 ~ L~F~ ~'~~ w j~l 11111 c5 n ~ ~ 1 a Wa a b ~ k ~ ~~b tI 1' ilil ~ ~ ~ ~ ~ ®CJt°~©~Q °¢a~ t 111 ,~ 111 / 111 7 ~ + r ~~ ~ ~ 1111 It 1 ~~~ ~ '""~ I'll IIt1111111i & b°s ~ Es a; ~ y 11 11111 ~ a~~ ~~ _ ~~ .. - --i '111`,_-'ly~yJ- ~ItSi~~~<9~~ ;~~ ~- 1111/ Ill 1 ~ 11 ~~ >< w-., ,. 114g, 111 11 1 @rii ~gqg .-~ ~Ng ,_,rt h' 1,1,11 , 1 ~~k ,~d13 ~•' CN ~Ij 'yJ _._ 111 1 1llt Jy 1 11 WagW ~~m 1~ 1 1 ~ ~$N d~$ / ti= 1~ __ 111 11 1111 ~~+ 11 1 ~1 _. y'~ 1}I 1 11~ ~~~ ~o t i 1 11 y~,~ x ~~ 1111 11 1111'1 ti~ 1 1 1 1111 ,.-tµt~ CHESTE~CFiE~C~ COUNTY BOARD OF SUPERVISORS Pa e 1 of 1 ._r,o~, AGENDA ''~~RLT.~4~ Meeting Date: Apri19, 2414 Item Number: $.C.4. Subject: Acceptance of Parcels of Land Along Jefferson Davis Highway from Chester Dental Property, LLC County Administrator's Comments: County Administrator: Accept the conveyance of three parcels of land containing a total of 0.068 acres along Jefferson Davis Highway from Chester Dental ,Property, 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 these parcels conforms to that plan, and will decrease the right of way costs for road improvements when constructed. Approval is recommended. District: Bermuda F'reparer: .)ahn W. Harmon Title: Real Pr©perty Manager. Attachments: !Yes ~ No # IAN II ~ r~ ~ ...~ ~ I~~ x .. i r I. 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X56°"E`°~~ , CMESTERFIELa ~Ct~UNTY ~ ~~~ ~,~) B©ARC1 OF SUPERVISORS Page 1 of 1 ~~~ ,:,; :1~ AGEN©~ Meeting Crate. April 9, 2014 Item Number: s.C.S.a. Subject: Request Permission for an Asphalt Pedestrian Trail to Encroach Within a Sixteen-Foot Drainage Easement and an Eight-Foot Easement Across Lots 41, 49 and 5~, Within Proposed Collington, Section 17 County Administrator's Comments: County Administrator: Grant Collington Properties, Inc. permission for an asphalt pedestrian trail to encroach within a 16' drainage easement within an 8' easement across Lots 41, 49 and 58, within proposed Collington, Section 17, subject to the execution of a license agreement. Summary of Informati©n: Collington Properties, Inc. has requested permission for an asphalt pedestrian trail to encroach within a 16' drainage easement and an S' easement across Lots 41, 49 and 58, within proposed Collington, Section 17. This request has been reviewed by county staff, Comcast Cablevision and Verizon. Approval is recommended. District: Matoaca Preparers John W. Harmon Title: Real Property Manager Attachments: ~ Yes ~ No #;~.~-,~-~~ C,! .,r' w.i~.~,~~ ~~°P ~ w ~~ ~ ff ~~ - 1 f k~ ..,~ .~~. ~.. ~ ~ ~ I r ~ ,~ •...,_ V^J, I I, .JJ ,I f ~,... .. ~-~ l a...~.„„,.,,,„,,,,,, i f I~ 1. ~i' r 1 ^~.~.. i~ ff~ r. ~._~ L._ ..,. r ,,. ~" ~' y` ~, /~ 5 :O ,.~~ ,~ 1:~ ;5 ~ ~~ ~` ~~~ ~ `~ ,, ~, ~~ '`4+ r~ ~ - ,. 1 open Space 'F' ~~ l~ ~ ~ 221.94' ~ ~ 3` ~}$"~ 74.25' --- N8b"21i 719 `IY ~~~' 8,~. -- -. -- ._ .._ ~ ._ - \ 117, 51 ' 1 AlEO ~}~ ~ 1 Prop~se~l ~, ~~ COCtiN~'T0~' ~? ~ e ~ ~ 1~• ~fam. SEC~~~I~- ~~ ~`, ~ , Esmt. ~ ~ cb c\ N ~~ ~ ~ , CO ~''- 1 N-~'S ~ rn ~ C> ~ `° ~~ ~~ ~ ~~"~~a~ ~ ~ `~ S Y ~ ~ ~~ ~. ,- ~, 1.2' ~~~ ~" ,6 ~ ~' ~ r~~~~ *' j j ~~ I PRAT SHORING I(~' PRr~ATE PEDESTRrAN EASEMENT EIVCRQACHING 4N PRQP(1SED DRAINAGE EASEMENT ON L4T 41, COLLINGTON, SECTION I7 IIV THE MATf1ACA DISTRICT OF CHESTERFIELD CQIINTY, VIRGINIA JANUARY i3, 2014 SCALF• 1 "-JQ' ~~~ ~ E~I'~ ~1S~S+~CIAT`L .G Z,~ ~~ 2~3ss--~~ \ .-'' Jf ~ ~ ~ ~ ~ ,r f ~ ~ ~ f ~ ~ ~ ~ • ~ r~ 1 l 1 PL~4T Sh'0~'11VG la' PRIY~47'E PEDESTRfAN EASEMENT E1~CR0~9CH1NG ON PROPOSEII DRAINAGE EASEMENT ON LOT ¢9, eOLLINO'TON, SECTION 171N THE MATOACA DISTRICT OF CHESTERFIELD COUNTY, VIRGINIA ,GWUARY iJ 2lJt4 SCALE J•=J11~ b ~© V it ~-' L~atlaerrs • tad t ila~aen ~#f+ PP Pwlit. ~J lr # ~ ~~~~ L. ~i~ JN 2136--17 .... _ ~ ~, ~ ~. -yam ~. / '`0 ~. `, .. `~' ~.~.~ ~~~ .' ~aC, `- --~~.~ 7p ~9 .. ~., ~ rJ c» -['y c.~ ~ ~ N ~ ~ n o. ~ ? cs ~ ~ ~; ~ "~ m ~ `~ ~ ~ ~~~ ~~ ~ ~4rea Of \ Encr©aci~menf ,~ i / ~ / .~ t ti . \ A ~,a,~ ~ s -~_ ~ '`~,, Eru~mrni ~ fx ~~ 9. '~.... \~, Pr~~~s~~ ~~`CTIOry_~~ ~~ ~9~~ ~~ PLAT SHOVING 10' PRIVATE F~DESTRIAN EASEhIENT ENCROACHING ON PROPOSED DRAINAGE EASEMENT ON LOT 58, COLLINGTON, SECTION I71N THE MATOACA DISTRICT OF CHESTERFIELD COUNTY, VIRGINIA JANUARY fJ, 20 f 4~ SGit~• l =3t3' ~.D EI~~&n ~-~C~AT~E P.C ~~a~4ya GHESTERFiELD COUNTY ~`"~ ~` ~ BC)ARD C3F SUPERVISORS Page 1 of '1 ~,~R~~ ~ AGENDA Meeting Cate: Apri19, 2a'i4 item Number: 8.C.5,j~. Subiect: Request Permission to Construct a gavel Driveway Within aTwenty-Five Foot Unimproved County Right of Way to Access Property at 1.2706 Bundle Road County Administrator's Comments: County Administrator: n Grant Claude R. Ramey, Sr. permission to construct a gravel driveway within a 25' unimproved county right of way to access property at. 12706 Bundle Road, subject to the execution of a license agreement. Summary of Informatan: Claude R. Ramey, fir. has requested permission to construct a gravel driveway within a 25' unimproved county right of way to access property at 12706 Bundle Road. This request is a requirement for Variance 14AN0119 and has been reviewed by county staff. ~ . Approval is recommended. DlstrlCt: Matoaca Preparers Jahn W. Harman Title: Real Property Manager Attachments: ^ Yes ~ No # -.~,~ 4'.J ..r ~'{~..~~ ,c~y~ CHESTERFIELD C©UNTY t~,,-~;, n BOARC) ~C}F SUPERVISt~RS Page '1 of 1 ,R~~,u . AGENDA Meeting_Qate: April 9, 2014 item Number: 8.C.6. Subiect: Request to Quitclaim Sixteen-Foot Drainage Easements Across the Property of Genito Townes, LLC County Administrator's Comments: County Administrator: Authorize the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate 16' drainage easements across the property of Genito Townes, LLC. Summary of information: Genito Townes, LLC has requested the quitclaim of 16' drainage easements across its property as shown on the attached plat. This property will be developed as Genito Towns, Section 2 and new easements will be dedicated. This request has been reviewed by Environmental Engineering. Approval is recommended. District: clever Hill Preparers John W. Harmon Title: Real Pr©perty Manager Attachments: ~ des ~ No # ~~.~-,. qp . -y f.f i ~ r`. r ~n „~~., 6 ~~~ ~, ~ ~~, '~ .. ,.. ~ t r .. .. ~. ..~ ~, ,~ r i t, ~ ; .. ~ a Y~ .. .. 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AGENDA Meeting Date: April 9, 2014 Item Number: 8.C.7. Subject: Set Public Hearing for April 23, 2014 to Amend Section 14-23 of the County Code Relating to Adding County Libraries to the List of County Facilities Where Alcohol Could Be Served County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested set a public hearing for April 23, 2014 to amend Section 14-23 of the County Code relating to adding County libraries to the list of County facilities where alcohol could be served. Summary of Information: Section 14-23 of the County Code provides that alcohol can be served at events at County parks and certain other specified County facilities if the event is approved by the County and a permit for the event is issued by the Virginia Department of Alcohol Beverage Control. The Friends of the Library organization has contacted the County asking whether they can hold two wine and cheese receptions at County libraries, one on May 22 at the Meadowdale Library and one on December 12 at the Central Library. Section 14-23 of the County Code already provides that, with Board and ABC approval, alcohol can be served in County facilities in the "Courthouse Complex" which includes the Central Library. That section does not, however, list Meadowdale Library or any other County library as facilities where alcohol could be served at an event. In order to add Meadowdale or other libraries to the list of facilities where alcohol could be served, this section will have to be amended. This amendment will require a public hearing. Preparers Jeffrey L. Mincks Title: County Attorney 0425:92319.1(92321.1) Attachments: ^ Yes ~ No # CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA The only Board meeting prior to the proposed May 22 Meadowdale Library event is the April 23 regular meeting. Therefore, if the Board wants to consider amending §14-23 to add Meadowdale Library and/or other library facilities, staff recommends that the Board set the public hearing for April 23. In addition, if the Board votes to set this public hearing, staff will also include an item on the Board's April 23 meeting agenda for the Board to consider approving the May 22 event at the Meadowdale Library. This approval is also required under §14-23 of the County Code. AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 14-23 RELATING TO SERVING ALOCHOL AT CERTAIN COUNTY FACILITIES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 14-23 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 14-23. Drinking alcoholic beverages, or tendering same to another, in a county park or at other county facilities. (a) No person shall possess opened alcoholic beverage containers or drink an alcoholic beverage or tender a drink of an alcoholic beverage to another in a county park provided, however, that alcoholic beverages may be consumed at an event held at the following locations: Henricus, Eppington, Castlewood, Magnolia Grange, the senior center at Huguenot Park, and at the county government complex at specific locations approved and as conditioned by the board of supervisors; and county libraries as approved and conditioned by the board of supervisors, and after obtaining a valid banquet license issued by the Virginia Department of Alcohol Beverage Control and agreeing to comply with the terms of a special permit issued by the county administrator. The county department of parks and recreation shall promulgate regulations for the issuance of permits authorized by this section. (b) No person shall possess opened alcoholic beverage containers on any county property used for a school or on any street, road, or highway located in the county. (c) Violation of this section shall constitute a Class 4 misdemeanor. (Code 1978, § 15.1-31; Ord. of 7-27-05(3), § 1) State law references: Similar provisions, Code of Virginia, § 4.1-308. (2) That this ordinance shall become effective immediately upon adoption. 0425:92321.1 ~~u~~~ CHESTERFIEL.D Ct~UNTY ,, ~`~ BOARD ©F SUPERVISORS Page ~ of 2 ~ ~~ F ,: ,,,, ,,r` AGENDA ~~ Meeting Date: Apri19, 2x14 Item Number: s.D. Subiect: Authorization for County Attorney to Petition the Circuit Court, tan Behalf of the Board of Supervisors, for a Writ of Election to Fill the Vacancy in the Office of the Chesterfield County Circuit Court Clerk Count~t Administrator: The Board is requested to authorize the County Attorney to file the attached petition with the Circuit Court of Chesterfield County. Summary of Information: On March 18, 2014, Judy L. Worthington, Clerk of the Circuit Court of Chesterfield County provided the Board with written notification of her resignation as Clerk of the Circuit Court of Chesterfield County, to be effective April 1, 2014. A copy of Ms. Worthington's letter of resignation is attached. State election law provides tl resignation will be filled by election is held to fill the December 31, 2015, In order petition the Circuit Court. special election now since it letter. The proposed petition Preparers Jeffrey L. Mincks Attachments: ~ Yes iat the vacancy created by Ms. Worthington's her highest ranking deputy until a special remainder of her term, which will expire on to call a special election the Board must The Board may file its petition for the has received Ms. Worthington's resignation is attached. Title: County Att©rnev 4425:92162.1 {92161.1, 92163.1) CHESTERFIELD COUNTY BC}ARD t~F SUPERVISt3RS Page ~ of 7 AGEAIDA The decision on the date of the special election is made by the Circuit Court, but the Board may suggest that the Court schedule the special election for a particular date. The Court is not legally required to follow the Board's suggestion. The attached petition and order do not suggest a particular date, but if the Board wishes to suggest a specific election date to the Court, the County Attorney will modify those documents to reflect the Board's request. The election cannot be held later than the November 4 General Election. It is possible under Virginia election law to hold the special election in the July to August timeframe; and the election can also be held at the same time as the General Election on November 4. Holding the special election on November 4 would save the cost incurred in holding two separate elections. ~,~~~ ~'.i ,~ ~.4i. erg a.~ co>walorrvve+urri o~ v~tcswu .N[iY 1. WDpTMINflTOdJ W L.H~ ~y/t.{~A+{.{.~ ~GYY~L~~#L~~L W~~ ~r~JC~~J PQ&7 0fl1CE BOY 115 CUERK ~ CYtC1JlT CCkMY ~~~JJJ CHES7EHt7~tD. v1RCiIwA 1aealcy 1s March 18, 2014 The Honorable James 11+1. Holland, Chairman Hoard of Supervisors County of Chesterfield P.4. Box 40 Chesterfield, Virginia 23832-0040 Dear Mr. Holland: This is to inform you that I will retire as Clerk of the Circuit Court on April 1, 2014. During my 40-year career in public service, it has been a privilege for the past 22 years to serve Chesterfield County residents as their Clerk of the Circuit Court. As a constitutional officer who is directly accountable to the citizenry, I believe there is no higher honor than to have been elected to serve three consecutive eight-year terms. 1 am humbled by the support and confidence from the citizens of Chesterfield. There have been many ~complishments during the last 22 years, ail aimed at providing the highest level of service to the citizens of this County. While the office has been nationally anal internationally recognized, and received awards relating to its efficiencies, customer service and technology innovations, I am especially proud of our efforts to remain exemplary stewards of public fiords, and to ensure integrity and proper application of the .law in all that we do. Although much remains tc> be done, ongoing problems with recovery from spinal surgery and other related health issues have resulted in my decision to retire. The citizens of Chesterfield will be well served by Chief Deputy Clerk Mary E. Craze, a longtime employee and highly capable leader on my staff: Ms. Craze will assume the office of Clerk of Court until the next election, pursuant to Section 24.2-228.1(B) of fire Cade of Yirginicl. V y yo .._ ~ J rthington erk of Circuit Court ~`.. ,i a~-4-a~,r~.§C VIRGINIA: IN THE CIRCUIT COURT OF THE COUNTY OF CHESTERFIELD Case Number: IN RE: WRIT OF ELECTION TO FILL VACANCY IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF CHESTERFIELD COUNTY, VIRGGNIA PETITION FOR A WRIT OF ELECTION To the Honorable 3udges of the Circuit Court of Chesterfield County: COMES NOW your petitioner, the Board of Supervisors of Chesterfield County, Virginia, by counsel, and respectfully represents as follows: 1. On March 18, 2014, the Clerk of the Circuit Court of Chesterfield County, Virginia, Judy L. Worthington, provided written notice to the Petitioner that she is resigning her office, effective on April 1, 2014. 2. Va. Code X24.2-228.1 provides that upon receipt of such a written notification from a Circuit Court Clerk or other Constitutional Officer, the Petitioner may Petition this Court to issue a Writ of Election far the purpose of calling a special election to fill the upcoming vacancy. 3. Va. Code §24.2-228.1 further provides that the vacancy shall be filled by special election, called in accordance with Va. Code §24.2-681 et. seq. WHEREFORE, the Petitioner, the Board of Supervisors of Chesterfield County, Virginia, respectfully requests that this Court issue a writ of election to fill the vacancy in the Office of the Clerk of the Circuit Court of Chesterfield County, Virginia, by special election. By: BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA Counsel o~2s:9216i.i 1 Jeffrey L. Mincks County Attorney Post Office Box 40 Ches#erfieid, Virginia X3832 Telephone: (804) 748-1491 Facsimile: (804) 71'7-6297 rnincksj (a7,chesterfield. gov oa~s:~~i~i.1 VIRGINIA: IN THE CIRCUIT COURT OF THE COUNTY OF CHESTERFIELD Case Number: IN RE: WRIT OF ELECTION TO FILL VACANCY IN THE OFFICE OF CLERK OF fiHE CIRCUIT COURT OF CHESTERFIELD COUNTY, VIRGINIA ORDER FUR SPECIAL ELECTION This cause came an this day to be heard upon the Petition for Writ of Election filed by the Baard of Supervisors of Chesterfield Caunty, Virginia. Upon consideration whereof, the Court being of the opinion that, in accordance with applicable law, such Writ of Election should be granted, it is therefore ADJUDGED and ORDERED that a Writ of Election be, and it hereby is, issued to fill the vacancy in the Office of the Clerk of the Circuit Court of Chesterfield County, Virginia, such special election to be held on in accordance with applicable Iaw. Be it further ORDERED that the interim Clerk of Court transmit to the secretary of the Electoral Board of Chesterfield County, Virginia, to the State Board of Elections, and to the County Attorney a copy of this Writ of Election. Enter: 1 I Judge I ask for this: Jeffrey L.1Vlincks County Attorney P. O. Bax 40 Chesterfield, VA 23832 Telephone {804) 748-1491 Facsimile (804) 717-6297 rnincks~~a,chesterfield.~ov ~„ ' r ~~~ t•-~„ ~~ y ~~~~ ~- b ~ ~ ~ ,~~//•ry/ a 1:09 -6/' hacr±l* CHESTERFIELD CC3UNTY BOARD aF SUPERVIS©RS AGENDA Page 1 of 3 Meeting Date: Apri19, 2014 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/ar 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 fallowing water and sewer contracts were executed by the County Administrator: 1. Contract Number: Project Name: Location: Developer: Contractor: Contract Amount: District: 08-0184 Watermark, Section A3 6800 Crosswinds Boulevard Watermark Partners, LLC Castle Equipment Corporation Water Improvements - Wastewater Improvements - Dale $77,1fl5.flfl $92,1fl8.05 Preparers William O. Wright Title: Assistant [7irectar of Utilities Attachments: ~ Yes ^ No # 4~°'~~~~ CHESTERFiELC? CCIUNTY BUARD OF SUPERVISC?RS Page ~ of 3 AGENDA Summary' of Information: iCc-ntinued) 2. Contract Number: 13-0021 Project Name: Brandermill Woods Retirement Community (Healthcare Center) Location: 2100 Brandermill Parkway Developer: Senior Living Choices of Virginia, Inc. Contractor: Shoosmith Construction Inc. Contract Amount: Water Improvements - $125,584.00 Wastewater Improvements - (Private) District: Clover Hill 3. Contract Number: 13-0027 Project Name: Watermark Townhomes, Section 1 Location: 6732 Hill Road Developer; Chesterfield Business Partners, LLC Contractor: Castle Equipment Corporation Contract Amount: Water Improvements - $71,072.80 Wastewater Improvements - $68,821.96 District: Dale 4. Contract Number: 13-0069 Project Name: Taco Bell - River's Bend Center Location: 630 E. Hundred Road Developer: Aztec Properties, LLC Contractor: G. L. Pruett Incorporated Contract Amount; Water Improvements - $2,330.03 Wastewater Improvements - $1,370.90 District: Bermuda ~:...:~ ~,r ,.~,. ~~ CHESTERFtEL© Ct3UNTY BC}ARD C}F SUPERVIS©RS Page 3 of 3 AGENDA Summary of Informs#i©n: (Can#inued) 5. Contract Number: 14-0019 Project Name: Crowne @ Swift Creek II office and Supply WM & S/L Location: 6.01 Crowne Creek Drive Developer: Swift Creek Land Associates, LP Contractor: BTS Construction Company Contract Amount: Water Improvements - $3,500,00 Wastewater Improvements - {Private) District: Matoaca CHESTERFIELD COUNTY ,~~~6°`~°~~ BCtARC? t~F SUPERVISt~RS Page 1 of '1 1:. ~ ' ~ ~ //~(yA AGENDA .~~`., 1'19 +~,iJ v a ha~~v~,. Meeting Date: April 9, 2014 Item Number: 9.B. 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 1nf©-rmation: Preparers James J, ~. Stegmaier Title:_ County Administrator Attachments: ~ Yes ~ No # ~~,;-,;~,~ .~ CHESTERFIELD COUNTY GENERAL FUND BALANCE Budgeted Ending Balances April 9, 2U14 °lo of General Fund Fiscal Year Budgeted Expenditures 2010 $53,495,000 ~ 8.1010 2011 $53,495,000 8.3010 2012 $53,495,000 8.2°l0 2013 $53,495,000 $.O01o 2014 $54,500,000 8.0010 Effective FY2412, the Board of Supervisors adapted a change to the financial policy ratio to raise the targeted fund balance level from 7.5 percent to 8.0 gercent ..,' f~°=,:~,,~p °g CHESTERFIELD COUNTY RESERVE FOR FUTURE CAPITAL PROJECTS Aprit 9, 2014 Board Meeting Date Description Amount Balance FOR FISCAL YEAR 2013 BEGINNING JULY 1, 2012 3/2$/2012 FY2013 Budget Addition 13,905,000 17,394,0$0 3/2$12012 FY2013 Capital Projects (13,199,300} 4,194,7$0 1122/2013 Return funds from completed projects 36$,699 4,563,479 311 512 0 1 3 Return funds from completed projects 171,301 4,734,7$0 611 9120 1 3 Return funds from completed projects $,358 4,743,137 613 0120 1 3 Return funds from completed projects 343,260 5,0$6,397 FOR FISCAL YEAR 2014 BEGINNING JULY 1, 2013 4110/2013 FY2014 Budget Addition 15,590,000 20,676,397 4/10/2013 FY2014 Capital Projects (14,695,500} 5,9$0,$97 10/23/2013 Additional funding for Ban Air Library renovation project {43,000} 5,'937,$97 -.l. ~ ~:t CHESTERFIELD COUNTY DISTRICT IMPROVEMENT FiJNDS April 9, 2014 Maximum Balance Carry Over Pending from FY2014 Funds Used Items on Board District Prior Years* Appropriation Year to Date 4!9 Agenda Approval Bermuda $25,644 $33,500 $16,923 $0 $42,221 Clover Hill 37,500 33,500 2,300 - 68,700 Dale 37,500 33,500 8,869 - 62,131 Matoaca 37,500 33,500 5,962 - 65,038 Midlothian 37,500 33,500 20,762 - 50,238 County Wide - - - - - {~.~ y~.~~..e.si°is Prepared by Accounting Department March 31, 2014 SCHEDULE OF CAPITALIZED LEASE PURCHASES APPROVED AND EXECUTED Outstanding Date Original Date Balance Began Descri Lion Amount Ends 3/31/2014 04194 Public Facility Lease -Juvenile Courts Project $ 16,100,000 01/20 $ 4,9$5,000 Refinanced 10/10) 03/03 Certificates of Participation* -Building Construction, Expansion and Renovation 6,100,000 11/23 630,000 03/04 Cerkificates of Participation* -Building Construction, Expansion and Renovation; Acquisitionllnstallation of Systems 21,970,000 11!15 1,490,000 10/04 Cloverleaf Mall Redevelopment Project 16,596,199 10/14 13,142,494 12!04 Energy Improvements at County Facilities 1,519,567 12/17 645,054 05/05 Certificates of Participation* -Building Acquisition, Construction, Installation, Furnishing and Equipping; AcquisitionlInstallation of Systems 14,495,000 11124 2,985,000 05106 Certificates` ofParticipation* -Building Acquisition, Construction, Installation, Furnishing and Equipping; Acquisition/Installation of Systems 11,960,000 11124 5,110,000 08107 Certificates of Participation -Building Expansion/Renovation, Equipment Acquisition 22,220,000 1 l /27 15,215,000 06/I2 Certificates of Participation Refunding - Building Acquisition, Construction, Expansion, Renovation, Installation, Furnishing and Equipping; Acquisitionilnstallation of Systems; Equipment Acquisition 19,755,000 11/24 19,080,000 *Partially Refinanced 06112 TOTAL APPROVED AND EXECUTED ~ 130 715.766 63.282.548 PENDING EXECUTION Approved Descrit~tion Amount None Apri19, 2014 Speakers List Afternoon Session 1. Linda Scott n - ~-- 1\IQl~ 3. 4. 5. CHESTERFIELD CC)UNTY ~._.~~g o "~~~ BOARD C?F SUPERVISORS Page 1 of 1 --~ AGENDA ~~'~ % ~~! ~`~ ~, ~'~ ~ ~k_ , Meeting Date: April 9, 2U14 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. Jacob Christopher Honor, Troop 2868, sponsored by Clover Hill Baptist Church, Mr, Franklin Tyler Davidson, Troop 184, sponsored by Wesley United Methodist Church; Mr. John Painter Mathews, Troop 800, sponsored by Bethel Baptist Church, and Mr. Zachary Ryan Bach, Troop 1867, sponsored by the Church of Jesus Christ of Latter Day Saints, upon attaining the rank of Eagle Scout. They will be present at the meeting, accompanied by members of their families, to accept their resolutions. Preparers Janice Blakley Attachments: ~ Yes Title: Clerk to the Beard ^ No WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 191fl, 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, Jacob Christopher Honor, Troop 2868, sponsored by Clover Hill Baptist Church; Mr. Franklin Tyler Davidson, Troop 184, sponsored by Wesley United Methodist Church; Mr. John Painter Mathews, Troop 80fl, sponsored by Bethel Baptist Church; and Mr. Zachary Ryan Bach, Troop 1867, sponsored by the Church of Jesus Christ of Latter Day Saints, have accomplished those high standards of comrnitrnent 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, Jacob, Franklin, John and Zachary 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 9t~ day of April 2014, publicly recognizes Mr. Jacob Christopher Honor, Mr. Franklin Tyler Davidson, Mr. John Painter Mathews and Mr. Zachary Ryan Bach, 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. r~`" r" :~, ~ x.9..'1 ~I Apri19, 2014 Speaker's List Evening Session #1 (Following Presentation of Resolutions) 1. Yuri Providence 2. Shannon Davis 3. Gre Waehner 4. Daren Gardner 5. Griselda Sandoval /ar~~i~c M~~v;1I~ Evening Session #2 (End of the Evening Agenda) 1. ~ 2. ZGZIILTL~1 v W 11GJ 3. ~arnitte 4. 5. CHESTERFIELD CQUNTY d~~~`~'~~ BQARD tJF SUPERVISORS Page 1 of 1 t~ AGENDA ~~~?RC1~~+' Meeting Date: Aprii 9, 2x14 Item Number: 16.A. Subiect: PUBLIC HEARING: Ordinance to Vacate a Portion of a Twenty-Foot Alley Within Block 5, Map of Bon Air County Administrator's Comments: County Administrator: Adopt an ordinance to vacate a portion of a 20' alley within Block 5, Map of Bon Air. Summary of Information: Joseph S. Bear and Elizabeth S. Bear have submitted an application requesting the vacation of a portion of a 20` alley within Block 5, Map of Bon Air. This request has been reviewed by county staff, Comcast Cablevision and Verizon. Approval is recommended. DlstrlCt: Midlothian Preparers John W. Harmon Attachments: ~ Yes ~ Na Title: Real Property Manager rte' ~^ ~ ~" "A ~"~ ) J dl~ -mmM ~r J j~ - ~r/~}~. y~(~r y}'y t /L~j1J. 1 Kv../,) r4.0~.y~~~~~~ r'Y~Y~p~~ ~ ^ , i~4,il-.s l~1fR{I~~(~~1~,Yr ~y~~.1yL~Vr~X/'~~~~N7)j WGr'~CK IYI ~ iX:JS+~ ~~..- ~.~-~-.•+~ .-+•-•~n-~-. #Vlifii ~ J'7Y1 Jr7[i~I1'~ fA1 T~iIM va rsav PG r90r ~ (,Y1M~/A1'i~t1TY PMfEL. NU Stt7t235 t?03t B rr> f .._ _ _ ~ N7 ~'E c 230.00 i5 '~. J ~ '~+ ~ G.PJ.N. 956-7T 6-63~$ ,~"' ~ ,rvs~rt s. aura eurrr s, ~,ta (v ~ 0.8. 18tH PC. r905 ~ 2035 Lcr~aN sir ~ ~•~,,,J N 3?lq,F~3t2TT t! t i 7 533.60 23at00' . ,~. N 7_122• _ ~'~' ~ ~ I ~~, ' ~ 1os~ph ~. Bean To ~~ ~ ~, ~~ ~ ~ .Elizabeth 5. Bear '~ vA~ASEo 1~~ ~ ~ ~ ~ Zfl55 Logan St ~ ~ ~ ~ l3Be 18flfl PG.17fl1 `,~' ~ a G.P.l,N. T56--718-6533 ,~ ~ I ~ 2039 Lt7f.~W STREET I a w t o ~ 0}~+' ~ ~ - 1 ~ W fff ~ i• !0'xt0 ~ U 4~ exnnnl i ~ .. ~.. v, r . M,w+~..,~, ._ ~.6j'y'ttS °~ Lj~ E' tt.758y58t.# ~~. ~~ ~NE~TEt2~I~L.~ r~ VENUE ~. . ~r~~t,~.~* ~ Now rcruc~ww As R©cltnwAV R© PLAT SNQI a/ING A PRC7PL]SEIi 1 Q`~tf? ` WA TE'F'L INE EASEMENT AND A ia` 1JATEJ2LINE EASEMENT (PRIVATE) ACRnSS THE PRCIPERTY ©F JtISEP'H S/ AN.B ELIIZABETH SI BEAR ~'N THE MI~~.ClTHIAN DISTRICT, CHESTERFIELD CQUNTY, VIRGINIA 7hda is to certify Uwt on t7aaerrlber t T, 1398. t rnaQt an oeeurote ~retd 5lxvey of the pnmhse shorn hveon; Met oM unprowmente and toeemsntn knewn ar vLihds an shown hereon; thot lhero ws no sncrovchmarlts ttY impres+ems+>ta wither tram aQjoinfn3 pramfees ar from ssbjset prslnisaa upon adJohti+3 premFess. other Ihoa a shown heroes. - ~l i i7'r ~~~ ~ 1'~S'S~C111T,F,"Sr ,~ ~. tnt< z.m~t ~ Qate: '(Tlfi7f99 atara ~ a .. scow: !'=50' RTC! r ~ ~.N. 99pt-Ut ADVERTISING AFFIDAVIT Client Description Ad Size Cost (per issue) Chesterfield County LN:Map of Bon Air ORD 3-26, 4-2 1/20P + 1.3 in. $274.11 Right of Way T'he Observer, Inc. Publisher of rnxt: No•r1cF on April 9, 2Uld, at &3U p.m. or r thereafrer as may be heazd, the Bo. tpen~scus of Chesterfield County at lar meeting place in the Public Meeti m of Chesterfield County; Virgir consider the following ordinance ORDINANCE to vacate a portion alley within Bkxk 5. Map of Icon Air, >wn on a plat dated July 1880, record the Clerk's Of$ce, Circuit Cou esterfield County, Virginia, in Plat Bo Page 115, and on a plat by Berkley tmidt, dated January 1912, recorded t Book 3, }'age S 1. ~tna[ion regarding the prod Dance is on file in the Right of e in Chesterfield ('ounty, Virg may be examined by all intcre es between the hours of 8:30 a.m. p.nt., Monday through I'riday. hearing is held at a public faciliri iggned to he accessible to persons wit}t abilities. Any persons with question. the accessibility of the facility or need reasonable accommodations should naa -anice B. Blakley, Clerk to the 3rd, at 7413-1200. Persons needinK ;rpreter services for the deaf must notify Clerk to the Board nu later than April Grooms Jr., Notary Public ~~~,,~~~~L~. .•~ ~ G R ~ O,I '•, " Q,' • p~J8L1C ••3••,~~ • -~ • Rc G it 718209 !,~Y CC'~1MISSICN ; ~ ~' EXQ'~FES t z %~? ~ 2J29l2016 :•~~: ~••'•. .•'• J~ ~~~'~~`' ~'c ~ LT N ~~•••`• CHESTERFIELD OBSERVER TTtis is to certify that the attached legal notice was published by Chesterfield Observer in the county of Chesterfield, state of Virginia, on the following date(s): 3/26/2014 & 4/2/2014 Sworn to and subscribed before me this ~ day of ~~~r ~ , 2014. 1'f L Legal Affiant J s,' My commission expires: February 29, 2016 Commission I.D. 7182093 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU. ~' I' • h~.u.. ~'ugima 231 13 • Phone: (8(}3) Sdi-75(X1 • Faz: (8(141 74d-3269 • Email: news(a)chestertieldohsrrveccom • lnterner: www.chesterfieldobservercom CHESTERFIELD Ct)UNTY ~~6""`"`-0~~' Bt'3ARD flF SUPERVISC)RS Page 1 of ~1 y i ~ ~~~ ADENDA [\` L_. a -..~R61Hi*., Meeting Date: Apri19, 21,14 Item Number: 18. Sublect• Adjournment and Notice of Newt Scheduled Meeting Supervisors County Administrator"s Comments: of the Board of County Administrator: Board Action Requested: Summary of Information: Motion of adjournment and notice of the Board of Supervisors meeting to be held on April 23, 2014, at 3:00 p.m. in the Public Meeting Room. Preparers Janice Blaklev Attachments: ^ Yes Title: Clerk to the Board ^ No #,~i~ ~~ ,