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2009-10-14 PacketCHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA ~~, Meeting Date: October 14, 2009 Item Number: 2.A. Subject: County Administrator's Report County Administrator's Comments: County Administrator: Board Action Reauested: Summary of Information: The County Administrator will update the Board on the progress of various projects as requested by the Board of Supervisors. Preparers Janice Blakley Attachments: ^ Yes Title: Clerk to the Board ^ No # OOOa01 County Administrator's Top 40's List I. II. Critical Projects/Activities 2. 3. 4. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Ongoing Projects/Activities 5. 6. 7. 8. 9. 10 11 Airport Entrance Improvements Airport Master Plan Amelia Reservoir Project Community Risk Analysis/Emergency Service Coverage Countywide Comprehensive Plan/Public Facilities Plan Eastern Midlothian Re-development - Chippenham Square - Spring Rock - Stonebridge (formerly Cloverleaf Mall) - Streetscaping Irrigation Policies/Demand Management for Water Use Magnolia Green CDA Mass Grading Ordinance Meadowville Interchange Midlothian Turnpike/Courthouse Road Streetscape Improvements (Towne Center) North American Project (at Rt. 288 and Rt. 10) Postal Zip Codes Private Sewer Treatment Facility Property Maintenance -Rental Inspection Program Streetlight Policy Ukrops Kicker Complex/Poseidon Swimming -Stratton Property Utilities Policies and Managed Growth Watkins Centre Woolridge Road Reservoir Crossing Project Capital Regional Collaborative Focus Group Citizen Budget Advisory Committee Efficiency Studies -Countywide Federal Stimulus Package - Energy Block Grant - Economic Development - Police Department - Recovery Zone Bonds FinanciaUBudget Issues Fort Lee Expansion In-Focus Implementation -Phase II (Payroll/HR) RRPDC -Large Jurisdiction Committee RRPDC -Transportation Strategies Work Group UASI (Regional) Upper Swift Creek Water Quality Ordinances 0000~,~ Page 1 of 2 Updated - 10/8/2009 County Administrator's Top 4O's List III. Completed Projects/Activities 1. Board's Appointments Process 2. Business Climate Survey 3. Capital Improvement Program 4. Cash Proffers 5. CBLAB Discussions 6. Citizen Satisfaction Survey 7. COPS Grants 8. Efficiency Studies -Fire Department and Fleet Management 9. Efficiency Study -Quality/Chesterfield University Consolidation 10. Employee Health Benefits -Contract Renewal 11. Financial/Budget Issues - Adoption of 2010 Budget - Adoption of County CIP - Adoption of School CIP - Bond Issue/Refmancing - AAA Ratings Retained 12. 457 Deferred Comp Plan Approved 13. Hosting of Hopewell Website 14. Impact Fees for Roads 15. In Focus Implementation -Phase I 16. Insurance Service Upgrade (ISO) for Fire Department 17. Joint Meeting of Board of Supervisors/School Board 18. Leadership Exchange Visits with City of Richmond 19. Legislative Program - 2009 20. Meadowdale Library 21. Minor League Baseball 22. Multi-Cultural Commission (Quarterly Reports due to Board) 23. Planning Fee Structure (General Increases) 24. Planning Fee Structure (Reductions for In-Home Businesses) 25. Planning Fees (Holiday for Commercial Projects) 26. Potential Legislation -Impact Fees/Cash Proffers 27. Property Maintenance -Proactive Zoning Code Enforcement (countywide) 28. Public Safety Pay Plans Implemented (Phase I) 29. Redistricting Calendar/Process Report - 2011 30. Regional Workforce Investment Initiative 31. Southwest Corridor Water Line 32. Sports Tourism Program with Metropolitan Richmond Sports Backers 33. Ukrops Kicker Complex -soccer fields (opened 8/09) 34. Upper Swift Creek Plan (Adopted) 35. VDOT Subdivision Street Acceptance Requirements 36. Website Redesign 37. Wireless Internet Access in County Facilities Page 2 of 2 Updated - 10/8/2009 ~ '~ 1TN CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: October 14, 2009 Item Number: S.A. Subject: Resolution Recognizing Gateway Homes of Greater Richmond for Exemplary Efforts in the Fight Against Mental Illness County Administrator's Comments: County Administrator: Board Action Requested: Ms. Durfee requests that the Board of Supervisors adopt the attached resolution recognizing Gateway Homes of Greater Richmond. Summary of Information: Gateway Homes of Greater Richmond has been selected as an award recipient for the Heroes in the Fight program, which recognizes exemplary efforts in the fight against mental illness. Preparers Don Kappel Title: Director of Public Affairs Attachments: ^ Yes ~ No #~~~~~~ RECOGNIZING GATEWAY HOMES OF GREATER RICHMOND FOR ITS EXEMPLARY EFFORTS IN THE FIGHT AGAINST MENTAL ILLNESS WHEREAS, one in five people will experience mental illness in their lifetime, or know someone personally who has a mental illness; and WHEREAS, the number one reason for hospital admissions nationwide is a biological, psychiatric disorder; and WHEREAS, more than 54 million Americans have a mental disorder, although fewer than 8 million seek treatment; and WHEREAS, it is estimated that up to one-third of those individuals who experience homelessness have some form of mental illness; and WHEREAS, Gateway Homes of Greater Richmond is the only nonprofit organization in Virginia that provides transitional, residential treatment for adults with mental illness; and WHEREAS, Gateway Homes of Greater Richmond is located in the Matoaca District on Reedy Branch Road; and WHEREAS, Gateway Homes of Greater Richmond works to help these individuals live as independently as possible; and WHEREAS, residents of Gateway Homes participate in daily educational and therapeutic psychosocial rehabilitation; and WHEREAS, these activities foster physical, mental and emotional well being in each Gateway Homes resident; and WHEREAS, due to its many efforts to assist those with mental illnesses, Gateway Homes of Greater Richmond has been selected as an award recipient in the Heroes in the Fight program; and WHEREAS, Gateway Homes of Greater Richmond was recognized by The Voices for Virginia's Children, Mental Health America of Virginia, the National Alliance on Mental Illness of Virginia, the Psychiatric Society of Virginia and the Virginia Association of Community Services Boards for providing exemplary care and dedication to those affected by severe and persistent mental illness. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield Board of Supervisors, this 14th day of October 2009, publicly recognizes the exemplary commitment of Gateway Homes of Greater Richmond to win the fight against mental illness, and congratulates Gateway Homes of Greater Richmond on its selection as a recipient of the Heroes in the Fight program award. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Gateway Homes of Greater Richmond, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. (~'~®~~~ ~,.. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: October 14, 2009 Item Number: s.A. Subject: Work Session on Proposed 2010 Legislative Program County Administrator's Comments: County Administrator: Board Action Requested: None Summary of Information: Attached for the Board's consideration is the draft 2010 Legislative Program. 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Summary of Information: Z & H Investments, LLC, doing business as Bon Air Animal Hospital is making this claim against the County for $3,140.00 for the amount of a sewer connection fee on property which they own and operate as a veterinary hospital at 2749 McRae Road. The property was converted from a bank to a veterinary hospital after a 2007 rezoning. Central Fidelity Bank operated a branch at the location from 1975 until 1998, when it was acquired by Wachovia Bank. Shortly thereafter, Wachovia, which already operated another branch in Bon Air, sold the branch to Crestar. Crestar and its purchaser, Sun Trust Bank, operated a branch at that location until selling the property to the Animal Hospital in 2007. Preparers Steven L. Micas Title: County Attorney 0505:82408.1 Attachments: ^ Yes ~ No # (~~4®~4 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA At the time that the Animal Hospital purchased the property, County records indicated that it was still served by a septic system which was originally installed to serve the property in the 1960s, when it was a private residence. However, an investigation determined that the property at some point had been connected to the County sewer system without paying a connection fee. Sewer service had been extended to the area in 1975, making sewer available to the branch bank when it first opened. Upon discovering that the property had been connected to the sewer system without the County's knowledge, staff contacted the two banks which had previously owned the property, Sun Trust and Wachovia (now Wells Fargo). Staff requested that Sun Trust pay back user fees from 1998 until 2007 and that Wachovia pay the connection fee and user fees from 1975 until 1998. Sun Trust paid the County for the past due user fees, but Wachovia refused to pay its user fees or the connection fee, relying on the uncertainty surrounding when the property actually connected to the sewer system and the fact that due to the long passage of time since Wachovia last owned the property, the statute of limitations for the County to sue Wachovia has now passed. Since no connection fee has ever been paid for the property, a connection fee must still be paid pursuant to County Code and to the bond covenants issued to support the Utilities Department's revenue bonds. As the owner of the property, Bon Air Animal Hospital is now the responsible party for paying the connection fee. The County has consistently required owners of property to pay connection fees when it is discovered that the property had been previously connected to the utility system without paying the connection fee, even if that occurred under a prior owner. Since 1994, 38 such situations have been discovered, and the County has required the connection fee to be paid in each of the other 37 cases. Of those 37 payments, 25 came from owners who, like the Animal Hospital, were not the owners of the property at the time that the original, improper utility connection was made. The Animal Hospital believes that the County should have discovered that this property was improperly connected to the system when the banks still owned the property and that if the County had done so, it would have received the connection fee from Wachovia. A copy of the Animal Hospital's letter explaining its position is attached. However, since the current owner is receiving the benefits of the County sewer system, the current owner must pay the connection fee, in accordance with County Code and the bond covenants. 0505:82408.1 ®~®®~~ (. Bon Air Animal Hospital 2749 Mcrae Rd Richmond, Va 23235 Attn: Steve Micas Chesterfield PO BOX 40 Chesterfield, Mr Micas, County Attorny Va 23832 As per our conversation on 09-08-09 this is pertaining to a sewer connection and fees for the property located at 2749 McRae Rd in Chesterfield 09-10-09 ~~~g18 9 t ptlr? ~ry ~ ,~~~ oNry~O v ~ FF~~E ry ti~ 0 letter c~92SZtiZ£Z~~~ existing County. The property was purchased in August, 2007. According to Chesterfield County it was on a septic and not the county sewer system. On examination of the parcel it was noted that the whole lot was paved or built on. There was no place for a leach field to be located. Being on septic was highly suspicious. Prior to purchase and at my own ex- pense I had a private company "scope" the existing system. It was found to hook up to the main sewer line running along the east edge of the property. County sewer became available in 1978. The existing building was built and paved in 1979. In December of the same year I received a notification from the Health Department reminding us to pump the septic tank. I called and informed them that there was not a septic system and asked to be taken off the reminder list. They said they couldn't do this because according to Chesterfield County a septic system did exist. I was not referred to any other department. As mentioned earlier county sewer became available in 1978. The following year Crestar Bank purchased, built, and paved the lot. At that time connection to county sewer would have to been done. According to a conversation with Mr. Lance Gregory from the Health Dept on 1-22-09, a tracking program was started 10+ years ago. Every five years septic tanks were to be pumped at the owners expense. If not, Chesterfield County would do so and bill the owner. The program was never enforced although reminder letters continued to be sent and fees for the program were never approved by the then seated Board of Supervisors. According to Mr Gregory a reminder letter was sent to the previous owner on June 23rd of 2006 a year before our purchasing the building. Had this program been enforced the existing problem would have been corrected years earlier. ®~®~~~ I don't know whether the oversight was due to the County of Chesterfield or the previous owner. What I do know is that due diligence was performed by us and we shouldn't be penalized for helping Chesterfield County correct this problem. We appreciate your consideration for a fair resolution to this issue. Sincerely, Dr Gary Zavik Dr Tom Haney cc: Mr Dan Gecker ~~~~~~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 2 -~ ' AGENDA ~~ Meeting Date: October 14, 2009 Item Number: 8.8.7. Subiect: Nomination and Appointment of Directors to the GRTC Transit System Board of Directors and Authorization to Elect Directors at the GRTC Annual Meeting County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to nominate and appoint three directors to the GRTC Board for a one-year term and authorize the County Administrator or his designee to appear at the October 21, 2009 GRTC annual meeting to vote for the directors appointed by the Board and by the Richmond City Council. Summary of Information: GRTC is a publicly-owned corporation which was formed to provide public transportation services in the Richmond regional area. Chesterfield County and the City of Richmond each own 500 of the GRTC as its two sole shareholders. GRTC is governed by a six-member board of directors, three appointed by the Chesterfield Board of Supervisors and three by the Richmond City Council. A current membership list is attached. The terms for the county's current GRTC Directors, (Daniel R. Smith, David Matthews and Gary Armstrong), will expire on October 21, 2009. This date is also the day of the next GRTC annual shareholder's meeting. Mr. Smith, Mr. Matthews and Mr. Armstrong have agreed to continue to serve, if reappointed, and have submitted an application. The Board received a total of 11 applications for appointment to the GRTC Board. Under the GRTC by-laws, the Preparers M.D. "Pete" Stith Title: Deputy County Administrator agen719 Attachments: ^ Yes ^ No # ~©®~~~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Summary of Information: (Continued) Board may reappoint the current directors to the next term or may appoint new directors. There are no eligibility requirements to serve as a director on the GRTC Board. Mr. Gecker has recommended that the current members be reappointed. Board members concur with these appointments. Directors are appointed each year for a one-year term beginning in October. The Board is requested to consider nominees for appointment to the GRTC Transit System Board of Directors. Under the existing Rules of Procedure, appointments to boards and committees are nominated at one meeting and appointed at the subsequent meeting unless the Rules of Procedure are suspended by a unanimous vote of the Board members present. Nominees are voted on in the order in which they are nominated. An applicant list is attached. The GRTC Articles require the county and the City of Richmond, as GRTC's shareholders, to vote at the October 21, 2009 annual meeting for the three directors appointed by the other jurisdiction. The Board should, therefore, also authorize the County Administrator or his designee to appear at the October 21St annual meeting and vote on behalf of the county for the GRTC Directors. Recommendation: Staff recommends the Board: 1) Nominate three applicants to the GRTC Board of Directors. 2) Authorize the County Administrator or his designee to appear at the October 21St annual meeting and vote on behalf of the county for the GRTC Directors appointed by the Chesterfield County Board of Supervisors and by the Richmond City Council. ~'~~~~~ GRTC TRANSIT SYSTEM BOARD OF DIRECTORS CURRENT MEMBERSHIP Daniel K. Smith, Board President/Chairman (Chesterfield County) David W. Mathews, Director (Chesterfield County) Gary Armstrong, Director (Chesterfield County) James M. Johnson, Board Vice-Chairman (City of Richmond) Michael Rohde, Board Secretary/Treasurer (City of Richmond) Linda G. Broady-Meyers, Director (City of Richmond) ~~®~~~ CHESTERFIELD COUNTY ' - BOARD OF SUPERVISORS "" AGENDA Page 1 of 1 Meeting Date: October 14, 2009 Item Number: 8.C.1.a. Subject: Set a Public Hearing Date to Consider Amending the Code of the County of Chesterfield Relating to Voluntary, Mandatory and Emergency Restrictions on Use of Public Water During Drought and/or Emergency Conditions by Amending Article IV, Section 18-151 through 18-154 and Section 18-158 County Administrator's Comments: County Administrator: Staff requests that the Board of Supervisors set date for a public hearing to consider the attached the County of Chesterfield relating to Voluntary Restrictions on Use of Public Water. Summary of Information: November 18, 2009, as the amendments to the Code of Mandatory and Emergency A county citizen voiced concern to the Utilities Department that the current Water Use Ordinance is more restrictive on residential vegetable gardens than established landscaping (lawn irrigation). Staff agreed with the citizen that this restriction was not reasonable and would propose changes to the ordinance accordingly. During the review of the ordinance, two other ordinance modifications were identified and are also proposed. A summary of the recommended revisions are as follows: 1) Remove specific reference to vegetable gardens throughout the ordinance and include vegetable gardens in the definition of established landscaping. 2) Empower the County Administrator to declare mandatory water restrictions, without the need to wait for Board Approval. This is more consistent with other regional municipalities and will enable us to issue mandatory water restrictions in a timelier manner and in coordination with our neighboring municipalities. 3) Remove "decorative or landscape fountain" requirements from the ordinance in an effort to minimize the detailed restrictions that have negligible impact on our water supply. Preparers George B. Hayes, P.E. Title: Assistant Director of Utilities Attachments: ^ Yes ~ No AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 18-151, 18-152, 18-153, 18-154 and 18-158 RELATING TO RESTRICTIONS ON USE OF PUBLIC WATER BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 18-ISI, 18-152, 18-153, 18-154 and 18-158 of the Code of the Count~of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 18-151. Declaration of voluntary, mandatory or emergency water use restrictions. The director shall declare voluntary water use restrictions and recommend to the county administrator that he declare mandatory or emergency water use restrictions during periods of extended droughts or other emergency conditions in which available water resources are compromised. ce.~n~~~-t~ '~,..,..a „~ „+ :+~ ~e~~e~se~ied~tlec~~e~ting-~€ter-*~ Mandatory or emergency water use restrictions will become effective the date the county administrator declares in writing the need for the restrictions. Water use restrictions shall be declared to assure maximum beneficial use of available water resources for the public welfare. The director shall use as a basis for declaring or recommending water use restrictions established criteria for reservoir levels and river flows as developed and provided by source-water suppliers. Emergency water use restrictions may also be imposed if the director recommends them based on a determination that an emergency condition of any nature exists that threatens the availability of the public drinking water supply. The director shall likewise nullify, or recommend the nullification of, the water use restrictions when recovered conditions based on established criteria for reservoir levels and river flows are met or when in the director's judgment, the emergency condition has been resolved. Sec. 18-152. Voluntary water conservation measures. Upon the declaration of voluntary water conservation measures, users of the public water system are requested to voluntarily limit their use of public water as follows: (~}~ Paved areas. Limit washing to two days per week. Unrestricted for immediate health and safety concerns. {~}~ Swimming pools. Limit to filling and replenishing to maintain health and safety. E4}~ Vehicle washing. Non-commercial washing is limited to two days per week using only hand-held hoses with an automatic shut-off nozzle. Commercial vehicle washing businesses are permitted to operate under normal conditions. 0505:82113.1 1 {-~}~ Established landscaping av~gs~~=~le~. Watering is limited to three days per week by address. Addresses ending with an odd number may water only on Tuesdays, Thursdays and Saturdays. Addresses ending with an even number and locations with no street number may water only on Wednesdays, Fridays and Sundays. Watering is prohibited on Mondays. Watering with buckets of up to five gallons per day is permitted any time. (~-}~ New landscaping. All watering is permitted for the first ten days after planting. Thereafter, the restriction for established landscaping shall apply. Over seeding an existing lawn does not qualify as new landscaping -see definitions. ~}~ Golf courses. Limit watering to 8:00 p.m. to 10:00 a.m. on any day. Greens are exempted from this restriction. F9-}~ Businesses. Limit to essential use only. (~8}~ Restaurants. No restrictions. (-~}~9,~A11 other consumption. Conservation by any means encouraged. Sec. 18-153. Mandatory public water use restrictions. Upon the declaration of mandatory public water use restrictions, users of the public water system shall limit their use of public water as follows: {~}~ Paved areas. Washing is prohibited except for immediate health and safety requirements. {~}~ Swimming pools. Limit to filling and replenishing to maintain health and safety. All other uses are prohibited. f 4}~ Vehicle washing. Non-commercial washing is limited to one day per week using only hoses with an automatic shut-off nozzle. Commercial vehicle washing businesses are permitted to operate under normal conditions. {~~ Established landscaping ~~rd--ga~e~s. Watering is limited to three days per week by address. Addresses ending with an odd number may water only on Tuesdays, Thursdays and Saturdays. Addresses ending with an even number and locations with no street number may water only on Wednesdays, Fridays and Sundays. Watering is prohibited on Mondays. Watering with buckets of up to five gallons per day is permitted any time. 0505:82113.1 2 ~~®®i3 a3 {~}~ New landscaping. All watering is permitted for the first ten days after planting. Thereafter, the restriction for established landscaping ~„a ~~°R°*~'~'° R~ra°~~ shall apply. Over seeding an existing lawn does not qualify as new landscaping -see definitions. {~}~ Golf courses. Watering restricted to Tuesday through Sunday between 8:00 p.m. and 4:00 a.m. Greens are exempted from this restriction. {~-}~ Businesses. Limit to essential use only. -l-A)~ Restaurants. No restrictions. (~}~ All other consumption. Conservation by any means encouraged. Sec. 18-154. Emergency public water use restrictions. Upon declaration of emergency public water use restrictions, users of the public water system shall limit their use of public water as follows: ~}~ Paved areas. All water use is prohibited. {~-}~2,~ Swimming pools. All water use is prohibited. f4}~ Vehicle washing. All water use is prohibited. (~~ Established landscaping ~~rde~s. All water use is prohibited. {~}~ New landscaping. All water use is prohibited. ~}~ Golf courses. All water use is prohibited. {~}~ Businesses. Limit water usage to those essential for business and human hygiene. (~}~8,~ Restaurants. Water use only for cooking, hygiene and meal beverage. {~~ All other consumption. Limit water to essential use only. 000 osos:s2113.1 3 ~~Q~~~ Sec. 18-158. Definitions. The following words and phrases, when used in this article, shall have the meaning ascribed to them below, except in those instances where the context clearly indicates a different meamng: Established landscaping. Landscaping plantings, including but not limited to lawns, ve eg table hardens, flowers, trees and shrubs existing in an area after such period of time as to accomplish an establishment and maintenance of growth. 000 (2) That this ordinance shall become effective immediately upon adoption. Q~Q~~~ 0505:82113.1 4 CHESTERFIELD COUNTY ~"~ BOARD OF SUPERVISORS Page 1 of 2 AGENDA 1749 Meeting Date: October 14, 2009 Item Number: 8.C.1.b. Subject: Set Public Hearing to Consider Proposed Amendment to County Code Section 19- 508.5 Relating to Residential Occupancy Limits County Administrator's Comments: County Administrator: Board Action Requested: Consider setting a public hearing for November 18, 2009, to consider a proposed amendment adding section §19-508.5 to the County Code. Summary of Information: The Planning Commission held a public hearing on July 21, 2009, and recommended approval of the Ordinance. Over the past several years the county has received an increasing number of complaints from citizens regarding overcrowding in single-family dwellings. Although there is a maximum number of unrelated adults (4) that can live in a single-family dwelling, there is no limitation on the numbers of related adults who can reside in a single family-dwelling. Overcrowding of a residence can cause safety concerns. decreased safety for the residents of a home (i.e. making all of them to escape in the case of a fire) , may pose a safety due to excessive congestion in the streets and can the appearance of the neighborhoods in which it occur vehicles parked on or in front of the property). Preparers Kirkland A. Turner Title: Director of Planning 2723:75869.1(75569.1) Attachments: ^ Yes ~ No It can result in it difficult for threat to public be detrimental to s (i.e. too many # O'JOJ3S CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA To protect against these dangers, to ensure the safety of citizens, provide a good living environment, prevent vehicle congestion, excessive noise and overwhelming public utilities, limitations on the number of related adults who can reside in a single-family dwelling. The proposed amendment is in conformity with the Building Code. The proposed amendment uses the finished area of a dwelling to establish the occupancy limitations. The proposed ordinance is similar to those already adopted in the Town of Herndon and Caroline County. It is not staff's intent to penalize or interfere with large families, so there is no limitation on the number of children who reside in the home. The proposed ordinance is attached. Since its approval by the Planning Commission, staff modified the first sentence of the proposed ordinance to clarify that group homes would not be restricted by the proposed occupancy limits. The Board of Supervisors may choose to set a public hearing on this item but is not required to do. Staff prepared this item at the request of the Planning Commission. The Planning Commission approved this request in a 3-2 vote. Staff notes that amending the Zoning Ordinance to regulate residential occupancy limits will not resolve the difficulty of determining blood relationships and how many people reside in a dwelling, which will still be required. ~~®'~~~ AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY ADDING SECTION 19-508.5 OF THE ZONING ORDINANCE RELATING TO RESIDENTIAL OCCUPANCY LIMITS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 19-SOB. S of the Code of the County of Chester geld, 1997, as amended, is added to read as follows: Sec. 19-508.5. Residential Occupancy Limits Single-family use of dwellings occupied by a family as defined in section 19-301 shall be subject to the following occupancy limits: Residential Occupancy Limits Finished Area of a Single-family Dwelling (in s uare feet Maximum Number of Adult Occu ants* 901 to 1,200 4 adult occupants 1,201 to 1,750 5 related adult occupants 1,751 to 2,400 6 related adult occupants 2,401 to 3,150 7 related adult occupants 3,151 to 4,000 8 related adult occupants 4,001 to 4,500 9 related adult occupants 4,501 to 5,000 10 related adult occupants * Adult occupant means any individual 22 years of age or older, living or sleeping in asingle-family dwelling, or having possession of space within asingle-family dwelling. If the limitations in the table cannot be met occupancy may be adjusted by a development standards waiver. (2) That this ordinance shall become effective immediately upon adoption. ~~®~~~ 2723.81488.1 -.~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 ,~, AGENDA Meeting Date: October 14, 2009 Item Number: 8.C.1.c. Subject: Set a Public Hearing to Consider the Abandonment of a State Road Adjacent to Watkins Centre Parkway County Administrator's Comments: County Administrator: Approve a resolution to set a public hearing; post and publish notices; and notify the Commonwealth Transportation Commissioner of the County's intention to consider the abandonment of a State Road adjacent to Watkins Centre Parkway. Summary of Information: Watkins Land, LLC, has requested the abandonment of a State Road adjacent to Watkins Centre Parkway. The road will no longer be necessary due to the proposed consolidation of the parcels served by the road. The Board of Supervisors is requested to adopt a resolution to set a public hearing for November 18, 2009, at 6:30 p.m.; to post and publish notices; and to notify the Commonwealth Transportation Board of the County's intention to consider the abandonment of the State Road shown on the attached map. Approval is recommended. District: Midlothian Preparers John W. Harmon Attachments: ^ Yes ~ No Title: Real Property Manager #aooo3s VICI N ITY S KETCH Set a Public Hearing to Consider the Abandonment of a State Road a A~ Rr,~ ~11A TPKE ~T~ D~-~~ M State Roed to be Abandoned ~~ "l~~ s ~~ 2~ N Chesterfield County Right ofWay Office w ~ e September 30, 2009 $ I kcl eq~ak 351.17 tat ©®~'X~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA ,~, Meeting Date: October 14, 2009 Item Number: 8.C.2.a. Subiect: Recognizing October 2009, as "Cyber Security Awareness Month" in Chesterfield County County Administrator's Comments: County Administrator: Board Action Requested: Adopt resolution recognizing October 2009, as "Cyber Security Awareness Month." Summary of Information: The US Department of Homeland Security (DHS) National Cyber Security Division (NCSD) is the head agency that leads an annual National Cyber Security Awareness Month outreach campaign to empower all Americans and businesses to take steps to secure their part of cyberspace. Events planned throughout the month in states and localities across the country are intended to raise awareness of the growing need to protect our nation's critical infrastructures and key resources from Cyber threats and vulnerabilities. The theme for the 2009 campaign is: "National Cyber Security Awareness Month - Our Shared Responsibility." To recognize and promote awareness of these important Cyber security issues, Chesterfield County and the Information Systems Technology Department will present a Cyber Security Fair on October 23, 2009, a Cyber Security Community Forum and Career Fair on October 28, 2009 and several Internet safety seminars will be presented at the Chesterfield County Libraries during the month of October. Preparers Barry S. Condrey Title: Chief Information Officer, IST Attachments: ^ Yes ~ No RECOGNIZING OCTOBER 2009, AS "CYBER SECURITY AWARENESS MONTH" IN CHESTERFIELD COUNTY WHEREAS, many citizens, schools, libraries, businesses and other organizations use the Internet for a variety of tasks, including keeping in contact with family and friends, managing finances, conducting research, enhancing education and conducting business; and WHEREAS, critical sectors are increasingly reliant on information systems to support financial services, energy, telecommunications, transportation, health care, and emergency response systems; and WHEREAS, Internet users and our information infrastructure face an increasing threat of malicious attack by viruses and loss of privacy from spyware and adware; and WHEREAS, each year there are significant financial and personal privacy losses due to identity theft and fraud; and WHEREAS, the Multi-State Information Sharing and Analysis Center (MS-ISAC) was established in January 2003 to provide a collaborative mechanism to help states and local governments enhance cyber security, and Chesterfield County Information Systems Technology provides a comprehensive approach to help enhance the security of this county; and WHEREAS, there are national organizations, such as the non- profit National Cyber Security Alliance (NCSA), policymakers, government agencies, private sector companies, and non-profit entities helping consumers, businesses, educational leaders and our youth to protect themselves online; and WHEREAS, each one of us plays an important role in securing our cyberspace, and awareness of computer security essentials will improve the security of Chesterfield County information infrastructure and economy; and WHEREAS, the United States Department of Homeland Security, the Multi-State Information Sharing and Analysis Center and the National Cyber Security Alliance have declared October as National Cyber Security Awareness Month. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Chesterfield County recognizes October 2009, as "Cyber Security Awareness Month" in Chesterfield County, encourages its citizens to learn about cyber security and put that knowledge into practice in their homes, schools, workplaces, and businesses. ®®®~~2 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: October 14, 2009 Item Number: 8.C.2.b. Subject: Recognition of Firefighter Brian L. Chamberlin, Fire and Emergency Medical Services Department, Upon His Retirement County Administrator's Comments: County Administrator: Board Action Requested: Adoption of attached resolution. Summary of Information: Firefighter Brian L. Chamberlin retired on October 1, 2009, after 25 years of dedicated service to Chesterfield County. Preparers Edward L. Senter, Jr. Title: Fire Chief Attachments: ^ Yes ~ No # 1~~4'~~3 RECOGNIZING BRIAN L. CHAMBERLIN UPON HIS RETIREMENT WHEREAS, Firefighter Brian L. Chamberlin retired from the Chesterfield County Fire and Emergency Medical Services Department on October 1, 2009; and WHEREAS, Firefighter Chamberlin attended Recruit School #15 in 1984 and has faithfully served the county for twenty-five years in various assignments; as a firefighter at the Manchester, Dutch Gap, Matoaca, Clover Hill and Ettrick Fire and EMS Stations; and WHEREAS, Firefighter Chamberlin was recognized in 1987 as a Self Contained Breathing Apparatus (SCBA) Technician for the Mask Repair Shop at the Manchester Fire and EMS Station, where he devoted his time to repair and maintain the department's SCBA; and WHEREAS, Firefighter Chamberlin was certified as an Advanced Life Support provider with the Chesterfield Fire and Emergency Medical Services Department, as a Cardiac Technician and Paramedic; and WHEREAS, Firefighter Chamberlin was recognized with a Unit Citation for the October 25, 1994 incident while riding on Unit 149, where his vital role was securing the anchors at the Dutch Gap Power Station to rescue a citizen from the plant's smoke stack; and WHEREAS, Firefighter Chamberlin participated on the department's SCUBA Rescue Team, as well as the Technical Rescue Team; and WHEREAS, Firefighter Chamberlin was recognized as a team member on Unit 147 for the May 14, 1999 head-on collision on Beach Road, where his contribution involved the extrication of one person from the collision; and WHEREAS, Firefighter Chamberlin was recognized with an EMS Unit Citation and an EMS Lifesave Award for saving the life of a citizen suffering from cardiac arrest on the ramp at the Matoaca Fire and EMS Station on September 22, 2002; and WHEREAS, Firefighter Chamberlin was recognized for the August 30, 2004 incident when he assisted in the rescue at the Falling Creek Apartments during Tropical Storm Gaston, as the operator of Truck 14 that rescued 25 people from raging flood water; and NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Firefighter Brian L. Chamberlin, expresses the appreciation of all residents for his service to the county, and extends their appreciation for his dedicated service and congratulations upon his retirement. ()~~~~4 i _ ~~i ~, CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: October 14, 2009 Item Number: 8.C.2.c. Subiect: Recognition of Firefighter Lewis C. Greenwood, Jr., Fire and Emergency Medical Services Department, Upon His Retirement County Administrator's Comments: County Administrator: Board Action Requested: Adoption of attached resolution. Summary of Information: Firefighter Lewis C. Greenwood, Jr. retired on October 1, 2009, after 20 years of dedicated service to Chesterfield County. Preparers Edward L. Senter, Jr. Title: Fire Chief Attachments: ^ Yes ~ No #000~~5 RECOGNIZING FIREFIGHTER LEWIS C. GREENWOOD, Jr. UPON HIS RETIREMENT WHEREAS, Firefighter Lewis C. Greenwood, Jr. retired from the Chesterfield County Fire and Emergency Medical Services Department, on October 1, 2009; and WHEREAS, Firefighter Greenwood attended Recruit School #21 in 1989 and has faithfully served the county for twenty years; as a firefighter at the Matoaca, Ettrick, Bensley, Dale, and Buford Fire and EMS Stations; and WHEREAS, Firefighter Greenwood was recognized as an effective team member at emergency scenes; in a key tactical position operating at the tip of the aerial ladder of Truck 12 and flowing water on a structure fire for six hours in Colonial Heights, which prevented the fire from spreading to adjacent buildings; a vital part of the team on Truck 12 that flowed water for five hours at a warehouse fire in Petersburg, which prevented the spread of fire to neighboring businesses; and WHEREAS, Firefighter Greenwood, participated in the life saving measures of a county police officer who had been shot several times. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Firefighter Lewis C. Greenwood, Jr., expresses the appreciation of all residents for his service to the county, and extends their appreciation for his dedicated service and congratulations upon his retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Firefighter Greenwood and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. ~®®~~~ ~' ~r. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: October 14, 2009 Item Number: 8.C.3. Subject: Authorization for Ms. Carrie Coyner to Apply for Conditional Use Planned Development on County Property Located at 11800 Centre Street and Commonly Known as the Chester Library County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to authorize Ms. Carrie Coyner to apply for a Conditional Use Planned Development on County property located at 11800 Centre Street and commonly known as the Chester Library (Tax ID 788-655-6767) and to waive the disclosure requirements. Summary of Information: An application for a Conditional Use Planned Development is pending submittal to permit a computer controlled variable message electronic sign identifying the Festival Park development generally located in the vicinity of West Hundred Road and Chester Village Drive. Mrs. Jaeckle has requested that the Board authorize Ms. Carrie Coyner to include the Chester Library property in this application for the purpose of permitting identification of the library facility on this proposed sign as part of the overall project. Preparers Kirkland A. Turner Title: Director of Planning Attachments: ~ Yes ^ No # CHESTERFIELD COUNTY _ BOARD OF SUPERVISORS Page 1 of 2 ~• AGENDA Meeting Date: October 14, 2009 Item Number: 8.C.4.a. Subject: Renewal of Lease of Property Owned by CS Development, Incorporated for Use by the County Registrar's Office County Administrator's Comments: County Administrator: Authorize the County Administrator to execute a lease with CS Development, Inc. for use by the County Registrar's Office. Summary of Information: Since 1999, the County has leased space at Court Square for use by the County Registrar's Office. The current lease expires October 31, 2009. This lease is for 5000 square feet at a reduced rate from $18.00 per square foot to $15.50 per square foot, with a 3% annual escalation, for a five-year term starting November 1, 2009. Funds for the current year are in the operating budget. Future years' rent payments are subject to annual appropriation by the Board. Approval is recommended. District: Dale Preparers John W. Harmon Title: Real Property Manager Attachments: ^ Yes ~ No #®~~ ®~8 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Budget and Management Comments: Staff requests that the Board of Supervisors authorize the County Administrator to execute a lease with CS Development, Inc. for use by the County Registrar's Office. Funds are available in the Registrar's budget for this FY2010 lease contract of $77,500. Preparers Allan M. Carmody Title: Director, Budget and Management 0®®Q~~ VICINITY SKETCH RENEWAL OF LEASE OF PROPERTY FOR THE COUNTY REGISTRAR OFFICE ~~ o ~" ~~,~ saa8 for; Road ~ Suites 100 c~~ M! : ~ ~~ 8Z Q S Z co MANS p~ k • SE N C+eeste~iield County Qepwhnent of lkaRiea Mf E S 7 M~ egnk 33J.33 tGet (~~®®~~ CHESTERFIELD COUNTY _ BOARD OF SUPERVISORS Page 1 of 2 ~~ AGENDA Meeting Date: October 14, 2009 Item Number: 8.C.4.b. Subject: Renewal of Lease of Property Owned by CS Development, Incorporated for Use by the County's Capital Projects Management Department County Administrator's Comments: County Administrator: Board Authorize the County Administrator to execute a lease with CS Development, Inc. for use by the County's Capital Projects Management Department. Summary of Information: Since 1999, the County has leased space at Court Square for use by the County's Capital Projects Management Department. The current lease expires October 31, 2009. This lease is for 2000 square feet at a reduced rate from $18.00 per square foot to $15.50 per square foot, with a 3% annual escalation, for a five-year term starting November 1, 2009. Funds for the current year are in the operating budget. Future years' rent payments are subject to annual appropriation by the Board. Approval is recommended. DIStrICt: Dale Preparers John W. Harmon Attachments: ^ Yes ~ No Title: Real Property Manager OOOOSI 1749 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Budget and Management Comments: This item requests that the Board authorize the County Administrator to execute a lease with CS Development, Inc. for use by the Capital Projects Management Department. Funds are available in the department's budget for this FY2010 lease contract of $31,000. Preparers Allan M. Carmody Title: Director, Budget and Management (~~®®-~~ VICINITY SKETCH RENEWAL CAF LEASE CAF PRGPERTY FC~R THE CC7NSTRlJCTIGN MANAGEMENT OFFICE ~~~. Cp%4i~0 o ~' 2~,P 9846 Lori Road. ~ :Suites 101 c~~ Mr M " w ~g B~ Q s z CO MANS p~ k s~ M Cteesteefield County Deparhr~t of Unities W E S 1 !xri eeMek 333.33 3gei Q~®~-~3 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: October 14, 2009 Item Number: 8.C.5.a. Subject: Conveyance of an Easement to Virginia Electric and Power Company County Administrator's Comments: County Administrator: Authorize the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company for overhead power line relocation along Old Hundred Road for the new Clover Hill High School. Summary of Information: Staff recommends that the Board of Supervisors authorize the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company for overhead power line relocation along Old Hundred Road for the new Clover Hill High School. This request has been reviewed by county staff and Comcast Cablevision, who concur with the conveyance. Approval is recommended. District: Clover Hill Preparers John W. Harmon Title: Real Property Manager Attachments: ^ Yes ~ No OOOOS4 VICINITY SKETCH Conveyance of aii Easement to Vu•gaua Elechlc ~uul Power CoinpauY ~4 C~ONVEYAI~ICE OF'AN EASEMQUT ~~ i ~'~C N Chesterfield County Department of Utilities , w - E s I kcl egrak 590 het l.'~®V'syT~ c m o > ~ a a Q ~ $ O ~ J l E • O O W Z o Z ~ = y i o 0 8 8 ~ 0 ~~ ~ ~ ~ o m o a ..r Q o c~ >t ~ as ~ o ~ 0 I N I ~ ~ ~ _ o ~ ~ ~ ~ ~ !la n S~ 8 0~ ~ Fs o I`: ~ ~ p ~ ~ _ ~~ ~ ~ r` i S ~ + r s~ ~I m /CDM1jJD~j IIIUJJ2pUDJ9 0 I rn ~ m ~ d O I a .° 0! ~ II ~ ~I C ~ c 2 . ~ l 0 ~ o I ~ _ ^ ;s 8 J ~N a ~ I E° ~ ~ of p U ° ~ OI ~ .J .8 E OI y n r o° 7 x'11 C O~ ~ 7I LL H ~ S d O ~7 VV ~ I p J 1 t ~ O m I I C a 1 1 I I I P 1 I C' g ~~~~~'~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: October 14, 2009 Item Number: 8.C.5.b. Subject: Conveyance of an Easement to Virginia Electric and Power Company County Administrator's Comments: County Administrator: Authorize the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company for a 20' underground easement to serve additional facilities at the Fire Safety Training Building located on Allied Road. Summary of Information: Staff recommends that the Board of Supervisors authorize the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company for a 20' underground easement to serve additional facilities at the Fire Safety Training Building located on Allied Road. This request has been reviewed by county staff and Comcast Cablevision. Approval is recommended. DIStrICt: Bermuda Preparers John W. Harmon Title: Real Property Manager Attachments: ^ Yes ~ No # Qm00S'7 VICINITY SKETCH Conveyance of an Easement to Vu•ginia Elect~ZC and Power Company ~~ ~ ~R ~F ~ ~~~T •'o y~ '~Y ~~ i~ N Chesterfield County Department of Utilities , W ~ ~E S I kcl egrak 916b7 tet (~~®®S8 a W 7 K 0 E ~~~dJ I 'gy'p I ~~ I I 11 II I II ~ Ij+ l'1~ I I1~ I II ~ ( II ~ 11 I II 'J N 11 li. ~/ U ZQ ~ C W C J C c m ~ am E~. 00 Z 7 U3 a Qr" ~~ ~ .-t 3 3 O~fg9o CI e~ ~ .9 ' u'~$' <_ ~ z •~ 7 A i ~ 7 ~ Mil W d $ ~ ~ p ~ o 1 . > a W N W u a ` ~ s °o 1 g a W U ~ = ~ r o = ~ b P V n i Y+ ~ 0 1 1` v 1 + \ I I ~ R.I ~1 W n ~ N I II II y 1 j Or I I 1j II O 0 ~ 2 I j 11 ~ I 11 ~ I j tL Ij~ ( Ij 11 I 11 II I II ~I 0 p ~.b O I I II WOO ~i ~ U ~ Iv ~~ ~ I ii 2 ,O~~~ Q I II K NV J~00„ Z ii z ~ O° 'va I I . r~ -U~ ~C7 ~ ~ I I ii ~ o W I 1j II ; Q I I i~ ~ a 3 I i i o ~_ 's { ~ ~ I II ~ F (~ ° e ;, I II W~W II J U 4, ~ ~ Z. w c I i i <~ Z JGri. to J g° Q~ yQ ~y ~ jF M~K WH 1 ~ a + I ~ O am ~ ~~ \ ~ + 1j 1j O ~ ay ~ 3 ~ ~ ~. i 11 11 I ! 11 1 8 I Ij v I ~ ~ .g 1 I1 O I L~S~ I I ®®~,~~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 ~., AGENDA Meeting Date: October 14, 2009 Item Number: 8.C.6.a. Subject: Acceptance of a Parcel of Land Along Newbys Bridge Road from Marilyn M. and Dewey L. Hurley County Administrator's Comments: County Administrator: Accept the conveyance of a parcel of land containing 0.018 acres along Newbys Bridge Road from Marilyn M. and Dewey L. Hurley and authorize the County Administrator to execute the deed. Summary of Information: It is the policy of the county to acquire right of way whenever possible through development to meet the ultimate road width as shown on the County Thoroughfare Plan. The dedication of this parcel conforms to that plan, and will decrease the right of way costs for road improvements when constructed. Approval is recommended. District: Dale Preparers John W. Harmon Attachments: ^ Yes ~ No Title: Real Property Manager # OJO~J6fl VICINITY SKETCH Ar.ceptance of a Parcel of Land along Newbys Budge Road from Marlyn M. and Dew~•y L. Hw•lcy (~~®~~1 NOTf.• THIS PLAT SATISRES STAFF RfCOMAlEN0AA0NS CONDIAON N0. 4 OF ZONING CASE B6S162 THIS SURVEI' HAS BEEN PREPARED N77NOUT THE BENEFfT OF A T11LE REPORT AND THEREFORE DOES NOT NECESSARILY fNDICATE ALL ENCUMBRANCES ON THE _ ~~ PROPERTY. _~~' _ ~r - - GPIN 757-679-841300000 NORMAN, LENMOND R. & MARGARET C. rRUSrEEs ~ ~ D.B. 8315 PG. 782 I ~ D --i ~-- al 4 i I ~ `"~ L=72.27' 45' o ~ `F' n ~O m z C ~ ~~ ~ ~ ~ ~ ~ ~ '~ 0.018 PARC rb b F~~ND 96 ~gh°'. g0 ~ X61 h~~~,' ~ ~,,1/ ~ hI POLE ~/ I ~ ,I ~ -I _ R=189.66' CH80=N73'15 06'1 CH=71.84' _ _ _ 50 R/W I POLE P & N D.B. 2970 PG. 304 D.B. 1423 PG. 84 ~ E #3469 ~ R°~T ~ S~ R ~ CELESTIAL LANE ROD FOUND L=65.45' ROUND L=2.70' L=69.5 ~ CHBG=N75'38'09'1~ 7 ~{=64.86' R=189.66' ~c=N83'45'38'1~ cH=2.7o' POLE L=51.82' 9101 CELESTIAL. LANE R=457.93' GP/N 757-678-668200000 ?8l~p• CHBG=S09'47'02"W MARILYN M. & DEWEY L. HURLEY CH=51.79' D.B. 1670 PG. 1055 ti ~ ~~~ ~~ ~ 'Sj ~ifl 1 ~~~ ~A~ ~~ c~°/N ~5~~ ~e~?s~ T'4YCp ~~~0 )R 40 0 40 80 SCALE 1" = 40 FEET PLAT SHOWING A 0.018 ACRE PARCEL TO BE DEDICATED ON THE SOUTHEAST CORNER OF NEWBYS BRIDGE ROAD AND CELESTIAL LANE DALE DISTRICT CHESTERFIELD COUNTY, VIRGINIA SEPTEMBER 77, 2t?09 SCALE 7 "=40' POTTS, 11mVTEB and ASSOCIATES, P.C. Engineers, Laced Surveyors Lend Pieanera 9520 Courthouse Road Richmoad, a 29298 d.N. 8407-40 (804) 745-2878 ~~~~~~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: October 14, 2009 Item Number: 8.C.6.b. Subiect: Acceptance of a Parcel of Land Along North Spring Run Road from P and F, LLC County Administrator's Comments: County Administrator: Accept the conveyance of a parcel of land containing 0.088 acres along North Spring Run Road from P&F, LLC, and authorize the County Administrator to execute the deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of a parcel of land containing 0.088 acres along North Spring Run Road from P&F, LLC. This dedication is for improvements to North Spring Run Road in conjunction with the development of Pearson Honda. Approval is recommended. DIStrICt: Matoaca Preparers John W. Harmon Attachments: ^ Yes ~ No ~a0Jf3 Title: Real Property Manager VICINITY SKETCH Acceptance of a Parcel of Land Along North Spring Riut Road from P&F, LLC N Chesterfield County Department of Utilities w '- e S 1 kcl egrak 866b7 Ret ".~'®~~~ ~~ ~~ ~~ •~~ yy ~ ~ N 2 s' ~ II W b~ N S K \\ ` ~ I ~ ~4 ~' ~~'~~~rFo 1 ~ b D'~O3i~g `V$~ ` ` ~~ ~ 0 ^ ' ~"~~~~ ~ : ~~ ~ '~ ~ 6 ~ `J 3C6 b d7 ~ ~,~ D v ~ ~ ~~ 1 B~GGGi s s s~ J as ~ B~ ~tl~x W m~~ S S S I ~ / / I ~ ~`vy\ ~O• II ~ W m ao ~ V I \ _. ~~~~~ _ ~ I an - on ~\~ ~ `'{ b ~l. I I ~ yet ps` ~ 4 I ~~ o yl ~ III I 11~ II ~R~~ u tl~_s NNS i~ / QZ7 ~Z ^Q~ ~ ` Z W L~ ~r~ ~ ~ `` ~ ~ ~` ^N ND oa ~ rn 0 ~'o i i ~ ~ ws~~ m ~~ o x d r Z o F cW~i '' ~~ ZZ F' ~ ~a o~ a~ O N g N ~€ $ ~ ^ ~ b 1!i Y 8 °~ _ ~. ~ rn a \ y e, ~ ~ \~ ~~_ pp W ~ ~ 'C Jox~ ~~ 2 $~ ~i'g~ \~'~ n ci i zw \ $°~ }44~ _~~ \\ ux4 WW b J d 3 ~~ ~I $be~ \ ~~~~~~ zW ~ \ $d°a~° ~ \ z~~~~~ ~~ \ ~Z~°~,,, I NI~ Y K Y~ ~ I ~x~& ~~ ~ o ~R \ LS o ~ ^ 0 0 _ _ - r 3°8LL ~a ,~0~0 f x ~~~^ ~~~g b~ _~ ~~o ~~qQY~~ ~ON2 2pW~ a rca~o w 3ZLL~ ;,<o~ ~ww <~apK Z W % ~ ~~~5~ 0 W ~ ~ 4;~ w~ d~ saF~S{ E$i 44 I i~ f 1 (~J®4~~5 ye ru sd ~ ~ u-~ r~ fH OYN ~k' `~''R. x °^~ ^.~ x ?^m a: CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 2 AGENDA ,~. Meeting Date: October 14, 2009 Item Number: 8.C.7. Subiect: Accept the Award from the FY2009 Drug Court Discretionary Grant Program, Office of Justice Programs, United States Department of Justice County Administrator's Comments: County Administrator: Acceptance of the award from the FY2009 Drug Court Discretionary Grant Program, Office of Justice Programs, US Department of Justice; and appropriation of $162,320 in federal grant funds. Summary of Information: The Chesterfield/Colonial Heights Adult Drug Court Program has been awarded a Drug Court Discretionary Grant in the amount of $162,320 from the Office of Justice Programs, US Department of Justice. The term of the grant will be September 1, 2009 through August 31, 2011. Grant funds will be used to continue access to psychiatric services for individuals enrolled in drug court that have multiple disorders, and provide continued family support services to drug court participants. (These services have previously been funded through other federal grants). Funding will also be used to provide training to the drug court team on prescription drug abuse. These grant funds will improve the operational abilities of the Adult Drug Court Program. That, in turn, will provide better service to the citizens of Chesterfield County. This grant requires a $65,304 in-kind match from the County for the entire grant period. The in-kind match consists of budgeted personnel funds currently utilized within the existing Adult Drug Court program. As a result, no additional funds are required and no new positions will be created under this grant. Preparers Tara Kunkel Title: Administrator of the Adult Druq Court Attachments: ~ Yes ^ No # tt®O~~~i CHESTERFIELD COUNTY __ BOARD OF SUPERVISORS Page 2 of 2 lx. AGENDA Budget and Management Comments: This item requests that the Board of Supervisors accept and appropriate funds for US Department of Justice, Office of Justice Programs, FY2009 Drug Court Discretionary grant in the amount of $162,320. This grant requires an in-kind match of $65,304. The in-kind local match consists of staff time associated with managing and reporting on the grant and is available and appropriated in Drug Court's operating budget. No new or additional funds are needed. No new positions will be created under this grant. Preparers Allan M. Carmody Title: Director, Budget and Management l~~®~~~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: October 14, 2009 Item Number: 8.C.8. Subject: State Road Acceptance County Administrator's Comments: County Administrator: Board Action Requested: Adoption of resolutions for referenced state road acceptance. Summary of Information: Matoaca: Hawthorne Village Section C at Charter Colony Dry Creek Road Adjustment Preparers Richard M McElfish Title: Director, Environmental Engineering Attachments: ^ Yes ~ No #~,~®;~~~ TO: Board of Supervisors FROM: Department of Environmental Engineering SUBJECT: State Road Acceptance - HAWTHORNE VILLAGE SECTION C AT CHARTER COLONY DISTRICT MATOACA MEETING DATE: October 14, 2009 ROADS FOR CONSIDERATION: GORHAM CT Vicinity Map: HAWTHORNE VILLAGE SECTION C a O ¢ v a- ~ -` P 02 G~ ~~ ~`' w a o ~ ~ T ~ ~ ~ RC O ao ~ .~ ~ ~ ~ o ~ ~ 4 9 Q ~a~ to y O ~ N a~ TIPPEG,P~ F ~ ~~ ~ C7 s RV ~ ~C' \ N o ~ `z ~N ~- o2 ~ti r RD ~ 2COR ~~Q' Z ~ a O~ G O D m O~ ~ 2 O ~R `rO,p A wKlNS ~O `~ bF ~s D w o AGEE TEp' ~ O Fipc ~ ~ C/y G 2 ~ yC 9 SwOODC¢ ~ ~L ~ ~ y~9~- ~ y O,p ,y c~ ~`~ E Q~ ~, ~ o~ ~,~~ o P ~ O w > AG OZ Z O~ Cr ~0 9 O~~, ~`j ' G ,j,~P~ '9~,c ~F< ~ o ~ ~ ~y , O z 1iA!? EF, LUB P~ '~ ~COR !2 O~F N "~ R Q ~ ~ ~ TER ~ c G ~NGE v FN vN ~R 9,y .Q IR /N ~ N T RC ~ ~ ~q CH n m 5~ jOq 'P GAMPG r ~ Y ~ ti ho ,yp~~~oR ~~ ~,~ v Produced By Chesterfield County GIS ~~O~S.J~ TO: Board of Supervisors FROM: Department of Environmental Engineering SUBJECT: State Road Acceptance -Dry Creek Road Adjustment DISTRICT MATOACA MEETING DATE: October 14, 2009 ROADS FOR CONSIDERATION: DRY CREEK RD Vicinity Map: Dry Creek Road Adjustment ~° ~r r`` U eFgcy a~ Rpq O a 0 U p ~ JMM~S ~ Produced By Chestsrfletd County GIS V~®~~~ - CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 4 - ~ AGENDA ~, Meeting Date: October 14, 2009 Item Number: 8.C.9. Subject: Approval of Design, Appropriation of Funds, Authorization to Proceed with Right-of-Way Acquisition, Authorization to Enter Into Agreements, and Award of Construction Contract for the Happy Hill Road Improvement Project County Administrator's Comments: County Administrator: Ord Action Re The Board is requested to take the following actions for the Happy Hill Road Improvement Project: 1) approve the design; 2) appropriate $546,906 in Traffic Shed 19 road cash proffers; 3) authorize staff to proceed with right- of-way acquisition; 4) authorize the advertisement of an eminent domain public hearing, if necessary, to acquire the right-of-way; 5) authorize the Chairman of the Board of Supervisors and County Administrator to execute easement agreements for relocation of utilities; 6) authorize the County Administrator to enter into the customary VDOT and environmental permit/mitigation agreements; and 7) authorize the award of a construction contract, up to $700,000, to the lowest responsible bidder. Summary of Information: In December 2004, the Board appropriated road cash proffers and authorized staff to proceed with the Happy Hill Road Improvement project. Preliminary engineering for Happy Hill Road between Harrowgate Road and Longmeadow Boulevard was done to determine the sections of road to improve with the available funding. The project involves two spot improvements: 1) adding shoulders to the curve south of Goodman Road and 2) improving sight distance and drainage at Tarris Lane. At the July 2009 meeting, the Board approved the early acquisition of right-of-way from one of the parcels on the project. Preparers R.J.McCracken Title: Director of Transportation agen718 Attachments: ^ Yes ^ No # ~'~~~~1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 4 AGENDA Summary of Information: (Continued) Construction plans have been finalized. Complete plans are available in the Transportation Department. A total of twelve parcels will be directly impacted by the project. No families will be relocated. Right-of-way and easements will need to be acquired across the frontage of the parcels in order to construct the project and adjust utilities. Staff met with ten of the twelve property owners directly impacted by the project during the plan development and explained the proposed design. The property owners were generally supportive of the project, but expressed concerns about how the project would directly impact their property. Staff has worked with the property owners to explain the project and resolve concerns. Staff was unable to contact two landowners, but has mailed the plans along with an explanation of the project and impacts to their property. A letter has been sent to each landowner advising them that Board approval of the design was being requested at this Board meeting. Staff will attempt to negotiate a settlement for all of the right-of-way acquisition. If settlements cannot be reached, staff requests authorization to advertise a public hearing for eminent domain proceedings. Staff is also requesting authorization to advertise and award a construction contract, up to $700,000, to the lowest responsible bidder. Staff believes it is advantageous to the county to advertise the project as quickly as possible in the current economic climate. Upon the Board's approval, right-of-way acquisition will begin immediately followed by utility relocations in the spring. Construction is expected to begin in the summer of 2010 with completion expected within 60 days. ~~Q~~~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 3 of 4 AGENDA Recommendation: Staff recommends the Board: 1) Approve the design for the Happy Hill Road Improvement Project; 2) Appropriate $546, 906 in Traffic Shed 19 road cash proffers for the Happy Hill Road Spot Improvement project between Harrowgate Road and Longmeadow Boulevard; 3) Authorize staff to proceed with right-of-way acquisition; 4) Authorize the advertisement of an eminent domain public hearing, if necessary, to acquire the right-of-way; 5) Authorize the Chairman of the Board of Supervisors and County Administrator to execute easement agreements for relocation of utilities; 6) Authorize the County Administrator to enter into the customary VDOT and environmental permits/mitigation agreements; and 7) Authorize the award of a construction contract, up to $700,000, to the lowest responsible bidder. District: Bermuda (~`~®~~~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS ,7.s AGENDA Page 4 of 4 Budget and Management Comments: This item requests that the Board approve the design and authorize staff to proceed with right-of-way acquisition, execute easement agreements, and enter into customary VDOT and environmental permit/mitigation agreements for the Happy Hill Road Improvement Project. This item further requests that the Board appropriate $546,906 in Traffic Shed 19 road cash proffers and authorized the award of a construction contract, up to $700,000 to the lowest responsible bidder. The current appropriation for this project is $628,356 funded with road cash proffers. There is sufficient funding of $546,906 available in Traffic Shed 19 to appropriate to this project. Upon approval of this item the project will have a total appropriation of $1,175,262, which is sufficient to complete this project based on the remaining available project balance. Preparers Allan M. Carmody Title: Director, Budget and Mana_ eq ment ~~~'~~~ Happy Hill Road Improvement Proiect EXPENSES Prelimina En ineerin $150,000 Ri ht-of-Wa $140,000 Construction $700,000 Construction En ineerin $ 55,000 Construction Contin enc $ 130,262 TOTAL $1,175,262 REVENUE FY99 CIP -Cash Proffers $80,300 December 2004 Traffic Shed 19 $548,056 Se tember 2009 Traffic Shed 19 $ 546,906 TOTAL $1,175,262 ~~~~~o-~~ Happy Hill Road Improvements Z 3 a 0 Ng~t 5V SFY ~~s ~r Shoulder Improvements to Curve South of Goodman Rd Sight Distance 8~ Drainage Improvements afTanis Lane ~~~ v0 PN6~ 0~0 ~~ ~~ vo? ~- ~AA a~, e~Ro ~ s9 ~- ~y~ ~Fy 4 9~o d's4 8~ o~ ~0 F,~~R O O 9a ~ Gtd~~~ ~ ~y~ / G iO< ~.c'" S .~ ~~ ~~g~ ~~` ~ ~9 S~~P~O p ~ tir ~ ~ Properties Impacted by Project .~ vunlFEMxpq tiua RW wy 85LB ~~~~ ~~ ~ ~ \ f ~8 R F ~ J ~`~ J~lii' ~ s ~ `y ~ ~ ~ ~ ~~ 8 r ~ ~ 1F ~~ ~\ f~ ~ ~ ~~ ~ ~ .i` / u ~ L / to J ~ y ~ i J J ~ ~ p~' 1 ` /r '~~ r ,~~ r 'q~yvlJy~ ~' ~i S } .~ ~ ~ r ~•t e ~ I ~ I ~~ ~ ~ ~ ~ ~~ J +OV ~I~ ' \ s rte.. ~ = t , `` 4 {~ 8 ~ 1 ~ 1 "' ' ~ ~ ti A ~ i \ i 7 p 8+ 4 P1.AlI vlfiw Kworoi,earwwu n-~_m ,,,„ ~~~ AUITfIN 8>ROCIISTt8R0UG}I iaeea ~r suw~ raga Oymor mr ~ ~ i HAPPY }~L pCAO & A930CIA'1'e8, L.L.P. ~ ~..s Ox. ~a m. 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Ve10111Y >eiil z p ~-~. _ Iq ~VY11101II0~1 F11W .. _.. y ~ ~.Y ~ ~~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: October 14, 2009 Item Number: 9.A. Subiect: Developer Water and Sewer Contracts County Administrator's Comments: County Administrator: The Board of Supervisors has authorized the County Administrator to execute water and/or sewer contracts between County and Developer where there are no County funds involved. The report is submitted to Board members as information. Summary of Information: The following water and sewer contracts were executed by the County Administrator: 1. Contract Number: 09-0055 Project Name: Waterford Lot 2 Developer: Ellwood Properties, LLC Contractor: Shoosmith Construction, Inc. Contract Amount: Water Improvements - $26,535.00 Wastewater Improvements - $9,760.00 District: Clover Hill Preparers William O. Wright Title: Assistant Director of Utilities Attachments: ~ Yes ^ No # C~~4~~~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Summary of Information: (Continued) 2. Contract Number: 09-0174 Project Name: 11701 Cliff Lawn Water Line Extension Developer: Contractor: Contract Amount: District: Raymond W. Curnow and Kathleen T. Curnow Bookman Construction Company Water Improvements - $4,500.00 Bermuda ,,,. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: October 14, 2009 Item Number: 9.8. Subiect: Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds, and Lease Purchases County Administrator's Comments: County Administrator: Board Action Requested: Acceptance of attached report. Summary of Information: Preparers James J. L. Stegmaier Title: County Administrator Attachments: ^ Yes ^ No # (~~0~~~ Board Meeting Date 07/01/09 CHESTERFIELD COUNTY GENERAL FUND BALANCE October 14, 2009 Description FY2010 Beginning Budgeted Balance * Pending outcome of FY2009 audit results Amount Balance $53,495,000 ~"®®~~J CHESTERFIELD COUNTY RESERVE FOR FUTURE CAPITAL PROJECTS October 14, 2009 Board Meeting Date Description Amount Balance FOR FISCAL YEAR 2009 BEGINNING JULY 1, 2008 4/9/2008 FY2009 Budgeted Addition $17,810,300 $22,647,488 4/9/2008 FY2009 Capital Projects (16,792,400) 5,855,088 6/24/2009 Tax Collection Customer Service project (244,400) 5,610,688 FOR FISCAL YEAR 2010 BEGINNING JULY 1, 2009 4/9/2009 FY2010 Budgeted Addition $13,946,400 $19,557,088 4/9/2009 FY2010 Capital Projects (13,946,400) 5,610,688 ~~QQ~~ a ~ ... r. O O C L O t ~ ~ ~ ~ l~ N [~ 0~0 M .Mti Q 69 ~ 69 b9 ~ 69 u .0 O y, R R R O ~ ~ C R O "C h ~ ~" ~ Q ~ ~ ~..i O ~ ..r A FTr ~ R ~ H A ~ ~ O o ~ O~ O~ z ~ W o ~ ^o +~ -~ c ~ N a s. w ~ °~ ~ ~ ~ ~ A. ~ o ,~ •-~ ~ ° 0 0 0 0 0 0 0 Ey N~ O O O O O O a w''- A Q VJ L _ R > 0 ~ C^ [~ N ~ O N O o0 o0 ' O~ O o0 N N L y~ M o0 M ~ O\ O y, 69 a U ~° R x R a = 3 v 7 ~ R c ~,' O ~ ~ A y a1 U R A CE ~ ~ O U ~~~~~~~ Prepared by Accounting Deparhnent September 30, 2009 Date Began 04/99 O1/O1 03/03 03/04 10/04 12/04 12/04 OS/OS 05/06 08/07 SCHEDULE OF CAPITALIZED LEASE PURCHASES APPROVED AND EXECUTED Original Description Amount Public Facility Lease -Juvenile Courts Project $16,100,000 Certificates of Participation - Building Construction, Expansion and Renovation; Acquisition/Installation of Systems Certificates of Participation -Building Construction, Expansion and Renovation Certificates of Participation -Building Construction, Expansion and Renovation; Acquisition/Installation of Systems Cloverleaf Mall Redevelopment Project Energy Improvements at County Facilities Energy Improvements at School Facilities Certificates of Participation -Building Acquisition, Construction, Installation, Furnishing and Equipping; Acquisition/Installation of Systems Certificates of Participation -Building Acquisition, Construction, Installation, Furnishing and Equipping; Acquisition/Installation of Systems Certificates of Participation -Building Expansion/Renovation, Equipment Acquisition TOTAL APPROVED AND EXECUTED PENDING EXECUTION Description None 13,725,000 6,100,000 21,970,000 16,596,199 1,519,567 427,633 14,495,000 11,960,000 22,220.000 125.113.399 Outstanding Date Balance Ends 09/30/2009 11/19 $8,855,000 11/21 7,300,000 11/23 4,500,000 11 /24 17,410,000 10/09 16,596,199 12/17 1,185,377 12/10 136,076 11/24 11,405,000 11/24 9,545,000 11/27 21,050,000 97.982.652 Approved Amount ~~~~~~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA ,~, Meeting Date: October 14, 2009 Item Number: 14.A. Subiect: Recognizing Girl Scouts Upon Attaining the Gold Award County Administrator's Comments: County Administrator: Board Action Requested: Adoption of attached resolution. Summary of Information: Staff has received a request for the Board to adopt resolutions recognizing Ms. Emily Allen Burns, Ms. Mackenzie Lyn Furman, Ms. Taylor Diane Lenhart, Ms. Jessie Cate Mitchell, Ms. Kerry Anne Mitchell, Ms. Emily Elizabeth Warwick and Ms. Jessica Elizabeth Wert, all of Troop 652, sponsored by Saint Mark's United Methodist Church, upon attaining the Gold Award. Preparers Janice Blakley Attachments: ^ Yes ~ No Title: Clerk to the Board # Qfl~~~~ WHEREAS, the Girl Scouts of the United States of America is an organization serving over 2.7 million girls and was founded to promote citizenship training and personal development; and WHEREAS, after earning three interest project patches, earning the Girl Scout Gold Leadership Award, the Girl Scout Gold Career Award, and the Girl Scout Gold 4Bs Challenge Award, and designing and implementing a Girl Scout Gold Award project; and WHEREAS, the Gold Award is the highest achievement award in Girl Scouting and symbolizes outstanding accomplishments in the areas of leadership, community service, career planning, and personal development; and WHEREAS, the Girl Scout Award can only be earned by girls aged 14-18 or in grades 9-12 and is received by less than six percent of those individuals entering the Girl Scouting movement; and WHEREAS, Ms. Emily Allen Burns, Ms. Mackenzie Lyn Furman, Ms. Taylor Diane Lenhart, Ms. Jessie Cate Mitchell, Ms. Kerry Anne Mitchell, Ms. Emily Elizabeth Warwick and Ms. Jessica Elizabeth Wert, all of Troop 652, sponsored by Saint Mark's United Methodist Church, have accomplished these high standards and have been honored with the Girl Scouts of America Gold Award by the Girl Scout Commonwealth Council of Virginia, Incorporated; and WHEREAS, growing through their experiences in Girl Scouting, learning the lessons of responsible citizenship, and priding themselves on the great accomplishments of their country, Emily, Mackenzie, Taylor, Jessie, Kerry, Emily and Jessica are indeed 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 14th day of October 2009, publicly recognizes Ms. Emily Allen Burns, Ms. Mackenzie Lyn Furman, Ms. Taylor Diane Lenhart, Ms. Jessie Cate Mitchell, Ms. Kerry Anne Mitchell, Ms. Emily Elizabeth Warwick and Ms. Jessica Elizabeth Wert, extends congratulations on their attainment of the Gold Award, and acknowledges the good fortune of the county to have such outstanding young women as its citizens. Q~~®~~ ,~. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: October 14, 2009 Item Number: 14.8. Subject: Resolution Recognizing Mr. Christopher S. Anderson, Troop 829, Sponsored by Saint Matthias' Episcopal Church, Upon Attaining Rank of Eagle Scout County Administrator's Comments: County Administrator: Adoption of the attached resolution. Summary of Information: Staff has received a request for the Board to adopt a resolution recognizing Mr. Christopher S. Anderson, Troop 829, upon attaining the rank of Eagle Scout. Mr. Anderson is a resident of the Midlothian District resident. He will be present at the meeting, accompanied by members of his family, to accept the resolution. Preparers Janice Blakley Attachments: ^ Yes Title: Clerk to the Board ^ No RECOGNIZING MR. CHRISTOPHER S. ANDERSON UPON ATTAINING THE RANK OF EAGLE SCOUT WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after variety of skills serving in a leader project beneficial demonstrating Scout and earning at least twenty-one merit badges in a wide including leadership, service and outdoor life, rship position in a troop, carrying out a service to his community, being active in the troop, spirit, and living up to the Scout Oath and Law; WHEREAS, Mr. Christopher S. Anderson, Troop 829, sponsored by Saint Matthias' Episcopal Church Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Christopher has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 14th day of October 2009, publicly recognizes Mr. Christopher S. Anderson, extends congratulations on his attainment of Eagle Scout, and acknowledges the good fortune of the county to have such an outstanding young man as one of its citizens. October 14, 2009 Speaker's List Evening Session #1 (Following Presentation of Resolutions) 1. Mr. Tom Pakurar 2. 3. 4. 5. Evening Session #2 (End of the Evening Agenda) 1. 2. 3. 4. 5. CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 3 AGENDA ,~, Meeting Date: October 14, 2009 Item Number: 16.A. Subject: Public Hearing to Consider Amending the County Code by Changing the Definition of Short-Term Rental Business and Setting a New Tax Rate for Short-Term Rental Businesses that Rent Heavy Equipment County Administrator's Comments: County Administrator: The Board is requested to adopt the attached Code by changing the definition of short-term new tax rate for short-term rental businesses Summary of Information: ordinance to amend the County rental business and setting a that rent heavy equipment. Most businesses in the County pay personal property tax to the County on their business personal property. However, under state law, localities assess a "gross proceeds" tax in lieu of business personal property tax on "short term rental businesses" (such as United Rental or Blockbuster Video) that rent items to individuals and companies. The gross proceeds tax is significantly less than the personal property tax. As a result, short term rental businesses pay significantly less in taxes than they would pay if their business personal property were taxed. Over time many businesses have transitioned from owning their heavy equipment - and, in turn, paying business personal property tax on that equipment - to renting their equipment as needed. Accordingly, the 2009 General Assembly changed the definition of what constitutes a "short term rental business." (See attached charts.) Preparers Steven L. Micas Title: County Attorney 0423:81747.1(0425:82266.1) Attachments: ^ Yes ~ No # CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 3 AGENDA The new definition creates a new class of short term rental businesses; that is, businesses that predominantly rent heavy equipment on a short-term basis. Many of the heavy equipment rental businesses in the County could not qualify as short-term rental business under the old legislation but will now qualify under the new law for the lower "gross proceeds" tax available to short-term rental businesses. The County is required by law to adopt the new short-term rental definitions. The new legislation also permits localities to continue to tax general rental businesses (such as Blockbuster) at a rate up to 1% of gross proceeds (the current rate for short term rental businesses in the County) and up to 1.5% for heavy equipment short term rental businesses. Staff recommends that the Board adopt the attached ordinance to 1) change the definition of short term rental business to conform to the state law, and 2) set the rate for heavy equipment short term rental businesses at 1.5% of gross proceeds. O~D0~~4 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 3 of 3 AGENDA ~~, Budget and Management Comments: As businesses have moved away from owning their equipment in lieu of renting, the County has experienced reductions in business personal property revenue. And while the new definitions will allow more rental businesses to qualify as short term rental businesses and, therefore, pay lower taxes by avoiding personal property tax, the revenue reduction would be partially offset by adopting a 1.5% rate on the newly identified heavy equipment rental businesses. Even with the higher rate, these heavy equipment rental businesses will still pay lower taxes than they would if their personal property were taxed. Under a 1.5% rate scenario, it is estimated that the County will lose approximately $175,000 in revenue for the 2010 tax year. That figure is the net result of an increase in short-term rental tax (i.e. gross proceeds tax) and an even larger decrease in business personal property taxes. That loss would increase to approximately $300,000 a year if the rate were left at the current level of 1%. Preparers Allan M. Carmody Title: Director, Budget and Management ~~Q~~~ d ~ ev cv ~ ~ 3 a Z O O N _~ C ~ N ~ C a~ ~~ w ~ a~ a~ ~' L C ~ 0 J J a~ t~, }, ~ O s., a ~--' ~ ~ ~_ ~ o ~ Q ' ~ W ~ a ~ W ~ ~ J ~ ~ ~ h ~ ~ (/~ ~ N ~ ~ N ~d a~ a~ U O a 0 H ~~~-~-~s J N Z 07 O N _A d ~ c~ ~ ~ ~ Q~ C ~ O a-' rv ~~ a~ ~ tea. ~~ ~ ~ N Q~ N O ~ W ~ ~ N ~ ~ ~ w ~ I N i 0 Q C ~O ~ O ~ L L C JJ J(n ~ ~ ~~~ V L 0 O O M 6F} \° 0 ~~ V L 0 0 ~ ~. + i-~ ~.,, ~ ~_ ~ O a o Q ~ ~ W ~ a ~ W ~ ~ J ~ N ~ ~ ~ - ~ (/~ N ~ ~ N "'~ G.> N U O a 0 C7 \° 0 H r O J N o~~~ AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 9-181, 9-182, 9-183, 9-184, 9-187 AND 9-188 RELATING TO SHORT-TERM RENTAL TAX BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 9-18, 9-182, 9-183, 9-184, 9-187 and 9-188 of the Code o the County off' Chester geld, 1997, as amended, are amended and re-enacted to read as follows: ARTICLE XIII. SHORT-TERM RENTAL TAX Sec. 9-181. Imposition; amount. A. Every person certified to engage in the short-term rental business: ~1,~ As defined in § 9-183 (A~(1), shall pay a tax of one percent on the gross proceeds of such business; or As defined in ~ 9-183 (AZ2), involving heavy equipment rental, shall pay a tax of one- and-one-half percent on the rg oss proceeds of such business. B. For purposes of this section, "gross proceeds" means the total amount charged to each person for the rental of daily rental property, excluding any state and local tax paid pursuant to the Virginia Retail Sales and Use Tax Act. C. The imposition and collection of a short-term rental property tax pursuant to this section with respect to rental property shall be in lieu of taxation of such rental property as tan i~ ble business personal property in the same tax year. D. Except for daily rental vehicles, rental property shall be classified, assessed and taxed as tangible personal property if such property- ~1,) Is owned and rented by a person not engaged in the short-term rental business, as defined in ~ 9-183; or Has acquired situs in the county and is owned and rented by a person who does not collect and remit to the commissioner of the revenue ashort-term rental property tax with respect to the rental of such property Sec. 9-182. "may Short-term rental property" defined. For purposes of this article, the term "day short-term rental property" means all tangible personal property held for rental and owned by a person certified to engage in the short-term rental business. The term "-daily short-term rental property" does not include trailers or other tangible personal property required to be licensed or registered with the Department of Motor Vehicles, Department of Game and Inland Fisheries, or the Department of Aviation. (Code 1978, § 8-61) Cross references: Definitions and rules of construction generally, § 1-2. 0425:82266.1 Sec. 9-183. "Short-term rental business" defined. A. A person is engaged in the short-term rental business if: (1) Not less than 80 percent of the gross rental receipts of such business i during the preceding year aye arose from transactions involving rental of short-term rental property other than heavy equipmentproperty as defined in subsection B, for periods of 92 consecutive days or less, including all extensions and renewals to the same person or a person affiliated with the lesse~ee; or (2) Not less than 60 percent of the gross rental receipts of such business during thepreceding year arose from transactions involving the rental of heav~quipment property for periods of 270 consecutive days or less, including all extensions and renewals to the same person or a person affiliated with the lessee. For the pu~pr oses of this subdivision, "heavy equipment property" means rental property of an industry that is described under code 532412 or 532490 of the 2002 North American Industry Classification System as published by the United States Census Bureau, excluding office furniture, office equipment, and programmable computer equipment and peripherals. B. ," A person is "affiliated" with the lessee of rental property if such person is an officer, director, partner, member, shareholder, parent or subsidiary of the lessee, or if such person and the lessee have any common ownership interest in excess of five percent ~e~ssee. For purposes of this section: (1) Any rental to a person affiliated with the lessor shall be included in rental receipts but shall not be included for purposes of the 80 percent requirement of subdivision 1 of subsection A, or the 60 percent requirement of subdivision 2 of subsection A; and (2) Any rental of personal property which also involves the provision of personal services for the operation of the personal property rental shall not be treated as gross receipts from rental. For purposes of this section, the delivery and installation of tangible personal property shall not mean operation. C. A person who has not previously been en~aaed in the short-term rental business who applies for a certificate of registration pursuant to § 9-188 shall be eligible for registration upon his certification that he anticipates meetin tg he requirements of a specific subdivision of subsection A, desis?nated by the applicant at the time of application, during the year for which registration is sought. D. In the event that the commissioner of the revenue makes a written determination that a rental business previously certified as a short-term rental business pursuant to ~ 9-188 has failed to meet either of the tests set forth in subsection A during a preceding tax year, such business shall lose its certification as a short-term rental business and shall be subject to the business personal property tax with respect to all rental property for the tax year in which such certification is lost and any subsequent tax years until such time as the rental business obtains recertification pursuant to & 9-188. In the event that a rental business loses its certification as 0425: 82266.1 (~ a short-term rental business pursuant to this subsection, such business shall not be required to refund to customers dail ry ental prope taxes previously collected in good faith, and shall not be subject to assessment for business personal propertv taxes with respect to rental propertv for tax preceding the year in which the certification is lost unless the commissioner makes a written determination that the business obtained its certification by knowingly making materially false statements in its application, in which case the commissioner may assess the taxpayer the amount of the difference between short-term rental property taxes remitted by such business durin tg he period in which the taxpayer wrongfullyheld certification and the business personal property taxes that would have been due durin sg uch period but for the certification obtained by the making of the materially false statements. Any such assessment, and any determination not to certify or to decertify a rental business as a short-term rental business as defined in this subsection, ma,~appealed pursuant to the procedures and requirements set forth in Code of Vir ig_nia § 58.1-3983.1 for appeals of local business taxes, which shall apply mutatis mutandis to such assessments and certification decisions. E. A rental business that has been decertified pursuant to the provisions of subsection D shall be eligible for recertification for a subsequent tax ~ upon a showing that it has met one of the tests provided in subsection A for at least ten months of operations during the present tax year. Sec. 9-184. Collection, return and remittance of tax. Every person certified to engage in the short-term rental business shall collect the rental tax from the lessee of the daily rental property at the time of the rental. The lessor of the daily rental property shall transmit a quarterly return to the commissioner of the revenue, indicating the gross proceeds derived from the short-term rental business, and shall also remit the payment of the tax that is due for the quarter. The quarterly returns shall be filed with the commissioner of the revenue on or before April X915, July X915, October X915, and January X915, representing, respectively, the gross proceeds and taxes collected during the preceding quarters ending March 31, June 30, September 30 and December 31. The return shall be upon such forms and shall set forth such information as the commissioner of the revenue may require, showing the amount of gross receipts and the tax required to be collected. The commissioner of the revenue shall assess the tax due, and the short-term rental business shall pay the tax so assessed to the treasurer or director of finance not later than the last day of the month following the end of the calendar quarter. The taxes required to be collected under this article shall be held in trust by the person required to collect the taxes until remitted as required in this article. (Code 1978, § 8-63) 000 Sec. 9-187. Exclusions and exemptions. No short-term rental tax shall be collected or assessed on rentals by the commonwealth, any political subdivision of the commonwealth or the United States. Additionally, all exemptions applicable in Code of Virginia, tit. 58.1, ch. 6 [§ 58.1-600 et seq.], shall apply mutatis mutandis to the short-term rental tax, except that the commissioner of revenue shall assess the tax due, and the treasurer shall collect the short-term rental propertv tax, instead of the Department of Taxatinn_ 0425:82266.1 ~ ~ ®~ Sec. 9-188. Certificate of registration. (a) Every person engaging in the short-term rental business shall annually file an application for a certificate of registration with the commissioner of the revenue. Such application shall be filed no later than January 31 of each year. The application shall be on a form prescribed by the commissioner of the revenue and shall set forth the name under which the applicant intends to operate the rental business, the location of the rental business and such other information as the commissioner of the revenue may require. (b) An application must be signed by the owner or owners of the rental business. If the rental business is owned by an association, partnership or corporation, the application must be signed by a member, partner, executive officer or other person specifically authorized by the association, partnership or corporation to sign on its behalf. (c) Upon the commissioner of the revenue's approval of the application the commissioner of the revenue shall issue a certificate of registration. The certificate shall be conspicuously displayed at all times at the place of business for which it is issued. (d) The certificate is not assignable and shall be valid only for the person in whose name it is issued and the place of business designated. (Code 1978, § 8-67) (2) That this ordinance shall become effective immediately upon adoption. 0425:82266.1 ~~~~ -~~ - r ,~~~ Your Community Newspaper Since 1995 P.O. Box 1616, Midlothian, Virginia 231 l3 • Phone: (AO4) 545-7500 • Fax: (A04) 744-3269 • Email: news@chesterfieldobserver.com • Internet: www.chesterfieldobserver.com ADVERTISING AFFIDAVIT a~~o~i Chesterfield County Board of Supervisors LN:RentalTax 9-30, 10-7 lx ~~~ r r ` The • _ 1;lke dr't >~ llrefi~i ta[~a~4+ots •of ~ at ae skl- c.~saBer~aTOr wst aan : puxte and Aa os m aaaend the bode of the ~iaoF. t9~9~ +~s a<n~. iii, 9~18~, 9-I~$'3, 9-1 snd 9-1~ nB w dia~t-t~s naudd t>~atsatoet w~ zat~of >t.s~ l~ heady :=ppip>~t t-tan-,rm~bt>~a~es. A'tx~py ot`ibie ~ordiasaca ~ o~n fik in the Cotfi-ty. ~+ 06ce and the_ Clerk to the Doind's (>~iEe :(Room 904) at the Lane B, Ra~?~dministrefion Build- iag, 9121 I.aen.. . _ Ctt terfteW. V' of $:3~ i.1- ~~ busiuea+tfiiq. ~ hesriug is held aYa txcil~ty de- to he a to persona w#It dts- ~. peas wklt gse~ions oa dte of the ' or the need reasonable scco>nmod~ions ahoutd contact T Y (yrrk to the Board• ser+it+e1 riot flat tie Clerlt to die`1s~d sSo lMMs dtria,~rNa~: October ~, ao~. Publisher of CHESTERFIELD OBSERVER $210.87 This 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): 9/30/2009 & 10/7/2009 Sworn to and subscribed before me this ~~ day of G~ , 2009. G Legal Affiant J es T, Grooms Jr., Public My commission expires: February 29, 2012 Commission I.D. 7182093 (SEAL) ,~~~~~~punlgs~, ~~ . ~~~ ~r 0. J' ~~~~ ~Q S: ~ ~ , s•4 :Y OZ~~3'.~:•'• .~~.•~ ., ~ 0•••......• v~ ,'~~~tcui~~NN~~~,, THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: October 14, 2009 Item Number: 16.6. Subject: Public Hearing to Consider Proposed Amendment to the Introduction to the Plan For Chesterfield Relative to Dam Break Inundation Zones County Administrator's Comments: County Administrator: Board Action Regueste~: Hold a public hearing to consider the attached amendment to the Plan For Chesterfield. Summary of Information: As mandated by the General Assembly, dam break inundation zone requirements are to be added to the County's Comprehensive Plan. The proposed language will be added to the Important Resources section of The Introduction to The Plan for Chesterfield. The Planning Commission reviewed and discussed this item at their May work session and held two public hearings on the proposed amendment on June 22, 2009 and August 18, 2009. No citizens spoke to the proposed amendment during the hearings. The Commission voted unanimously to recommend approval of the proposal. Preparers Kirkland A. Turner Attachments: ^ Yes Title: Director of Planning ^ No ~~~~~~ Excerpt from The Introduction to The Plan for Chesterfield, with proposed language underlined: IMPORTANT RESOURCES The Plan protects the environment and enhances the County's quality of life by recommending planning and design that preserves environmental functions and protects important environmental, cultural and historic resources. The Plan for Chesterfield strives for: • Making land use recommendations that take into consideration the conservation and wise use of the County's natural resources. • Shaping appropriate development and public access along the 75 miles of James and Appomattox Riverfront. • Promoting environmental protection within the County by instituting protection measures in combination with broader land use policies. • Preserving the quality of the County's streams, reservoirs and rivers. • Identifying and encouraging the preservation of lands, sites, and structures that have archaeological and/or historic significance. • Developing and promoting open space corridors as a framework to protect the natural environment and scenic values and provide outdoor recreation opportunities. • Identifying dam break inundation zones and potential impacts to downstream properties. G~0'~ ~1~ ~, ... (~ V Y Your Communi ~ News er Since 1995 P.O. Box 1616, Midlothian, Virginia 23l l3 • Phone: (804) 545-7500 • Fax: (804) 744-3269 • Email: news@chesterheldohserveccom • Internet: www.chesterfieldobserver.com ADVERTISING AFFIDAVIT Client Description Ad Size Cost (per issue) Chesterfield County Board of Supervisors Take notice ~ ~ B,wrd of ~s ~' (~ Go~mty `' at an ad- oa'~ October , .m. ia,.~ubllc will hold ~ ffiY app~er LN:InundationZones 1 x 4.46 in. ~,~8g1011~?~ $212.90 9-30, 10-7 ~a,~ '~~ ~ ~~ ,~ ~ ~ .. ao ..-- The Ob ~er, Inc. ,~, Publi CHESTERFIELD OBSERVER As ~ .tb4 Man -fang ,~r_° the S~ s Cow, p~u- Emote Lnd me, '°~~ lr~- throw the ceuity. a ois~e .~ .t)be BoprBa b~ ( soa) at ~~~.~~~' ~~. . 1;or afa:3a-.>oa, an,d ss~o fit. ~e~- , The heari~ is-he[d at a P~ £acilitY de-, sigaed tcsbe m~~ abilities. Any persons °n .the acce~Y of the.f>~tY ~ ~e need -fine ~; °datt°°s slwuW.. aoae~ Twi~€~~~-t;ha~c~ard• r `hc ~~>t~a, ri< Servlrxt~p 9, 2Q09• This 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): 9/30/2009 & 10/7/2009 Sworn to and subscribed before me this ~ day of bGi~ , 2009. C egal Affiant es T, Grooms Jr., otary Public My commission expires: February 29, 2012 Commission I.D. 7182093 (SEAL) ,r,~HUlll lr~~rr ~, / a ~ :'~,~1gAt~'•; .:;ems: ~ ; ~ ~2-Zg" 13 ; ~ t '~ O o ~~` THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU. CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA ~~. Meeting Date: October 14, 2009 Item Number: 18. Subject: Adjournment and Notice of Next 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 October 28, 2009 at 3:00 p.m. in the Public Meeting Room. Preparers Janice Blakley Attachments: ^ Yes Title: Clerk to the Board ^ No (3t303?J4