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2010-12-15 PacketCHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA '~:a2, Page 1 of 1 Meeting Date: December 15, 2010 Item Number: 2.A. Sub'ect: County Administrator's Report County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: The County Administrator will update the Board on the progress of various projects as requested by the Board of Supervisors. Preparers Marilyn Cole Attachments: ^ Yes Title: Assistant County Administrator ^ No # C~€~0~~61 County Administrator's Top 40's List I. II. Critical Pro_iectslActivities 1. Airport Entrance Improvements 2. Airport Master Plan 3 . Amelia Reservoir Project 4. Animal Shelter Issues 5. Business Climate Survey 6. Census 2010/Redistricting 2011 7. Citizen Satisfaction Survey 8. Community Risk Analysis/Emergency Service Coverage 9. Countywide Comprehensive Plan/Public Facilities Plan 10. Eastern Midlothian Re-development - Chippenham Square - Spring Rock - Stonebridge (formerly Cloverleaf Mall) - Streetscaping 11. GRTC Service 12. Hydrilla Issue 13. Irrigation Policies/Demand Management for Water Use 14. Low Impact Development Standards 15. Magnolia Green CDA 16. Mass Grading Ordinance 17. Meadowville Interchange 18. Midlothian Turnpike/Courthouse Road Streetscape Improvements (Towne Center) 19. Postal Zip Codes 20. Recycling Committee Recommendations 21. Private Sewer Treatment Facility 22. Sign Ordinance 23. Sports Quest 24. Ukrops Kicker Complex/Poseidon Swimming -Stratton Property 25. Utilities Policies and Managed Growth Ongoing Projects/Activities 1. 2011 Legislative Program -adopted 11 /19/10 2. Capital Improvement Program 3. Capital Regional Collaborative Focus Group 4. Cash Proffers 5. Citizen Budget Advisory Committee 6. Efficiency Studies -Countywide 7. Federal Stimulus Package - Energy Block Grant - Economic Development - Police Department - Recovery Zone Bonds Q€B~~€~~ 1 Updated 12/8/2010 County Administrator's Top 40's List 8. Financial/Budget Issues 9. Fort Lee Expansion 10. Joint Meetings of Board of Supervisors/School Board 1 1. North American Project (at Rt. 288 and Rt. 10) 12. RMA Work Group 13. RRPDC -Large Jurisdiction Committee 14. RRPDC -Transportation Strategies Work Group (work on hold) 15. Sports Tourism Plan Implementation 16. UASI (Regional) 17. Upper Swift Creek Water Quality Ordinances III. Completed Projects/Activities 1. Board's Appointments Process - 8/2008 2. Bow Hunting Restrictions - 2/24/2010 3. Business Climate Survey - 7/2008 4. Business Fee Holiday (Extension) - 9/2010 5. CBLAB Discussions -12/2009 6. Citizen GIS - 5/201 D 7. Citizen Satisfaction Survey -12/2008 8. COPS Grants 9. Efficiency Studies -Fire Department and Fleet Management - 6/2008 10. Efficiency Study -Quality/Chesterfield University Consolidation - 7/2009 11. Electronic Signs -1/2010 12. Board's Emergency Notification Process 13. Employee Health Benefits -Contract Renewal - 8/2009 14. Financial/Budget Issues - Adoption of 2011 Budget - 4/201 D - Adoption of County CIP - 4/2010 - Adoption of School CIP - 4/2010 - Bond Issue/Refinancing - AAA Ratings Retained 15. 457 Deferred Comp Plan (Approved) 16. Hosting of Hopewell Website 17. Impact Fees for Roads - 9/2008 18. In Focus Implementation - Phase I - 8/2008 19. In-Focus Implementation -Phase II (Payroll/HR) -12/2009 20. Insurance Service Upgrade (ISO) for Fire Department - 9/2009 21. Jefferson Davis Streetscape Project - 5/2010 22. Leadership Exchange Visits with City of Richmond 23. 2010 Legislative Program - 3/2010 24. Meadowdale Library -11 /2008 25. Minor League Baseball (new team) - 2/2010 ~~~~ 2 Updated 12/8/2010 County Administrator's Top 40's List 26. Multi-Cultural Commission (Quarterly Reports due to Board) -11/2008 27. Planning Fee Structure (General Increases) - 6/2009 28. Planning Fee Structure (Reductions for In-Home Businesses) -1 /2009 29. Planning Fees (Holiday for Commercial Projects) - 8/2009 30. Police Chase Policy (Regional) - 5/2010 31. Potential Legislation -Impact Fees/Cash Proffers -1 /2009 32. Property Maintenance -Proactive Zoning Code Enforcement (countywide) - 2/2009 33. Property Maintenance -Rental Inspection Program 34. Public Safety Pay Plans Implemented (Phase I) - 9/2008 3 5. Redistricting 2011 Calendar/Process Report 36. Regional Workforce Investment Initiative 37. Results ofOperations -11/19/2010 3 8. Southwest Corridor Water Line - Phase I - 7/2008 39. Sports Tourism Plan -1/2010 40. Sports Tourism Program with Metropolitan Richmond Sports Backers - 8/2009 41. Streelight Policy -12/1 /10 42. Ukrops Kicker Complex -soccer fields -Opened 8/2009 43. Upper Swift Creek Plan (Adopted) - 6/2008 44. VDOT Subdivision Street Acceptance Requirements - 7/2009 45. VRS Benefits for New Employees - 7/2010 46. Walk Through Building Permit Process -10/2009 47. Water Issues/Restrictions 48. Website Redesign - 6/2009 49. Wind Energy Systems - 3/10/2010 50. Wireless Internet Access in County Facilities - 9/2008 51. Watkins Centre 52. Woolridge Road Reservoir Crossing Project - 5/2010 Q~€a~~~ 3 Updated 12/8/2010 F z O U D J W LL W r -- w x o U ~ €~ a m 0 _~ U ~. 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L ~--~ N a~ .~ _~ Q~ `~ L A ~-.~ c U ~--~ (~ ~ N CL3 .~ .~ (~ ~ ~ O _~ Q O U ~ ~ ~ ~ N ~"' N ~ ~ .~_ O ~ ~ ~ N O ~ L ~ ~ ~ ~ ~ C ~ a~ ~ L }~ ~~ ~U ~ ~ ~ ~ ~ ~ ~C U ca ~ ~~ ~ O ~ ~ > ~ O V t~ .~ 3 W H C 0 C. y d 'a C i ~ L a Q L t N C ~ ~ 0 C V O a E 0 0 0 0 0 0 0 0 0 0 n w ~+ t0 d' N ANIMAL CONTROL RESOLUTION BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA AS FOLLOWS: WHEREAS, the Animal Control Unit of the Chesterfield County Police Department provides for the safety and welfare of Chesterfield citizens as it pertains to the control of unsupervised companion animals and the protection of all domesticated animals from inhumane treatment. Januarv -November 2010 • Calls for service: 8,885 • Impounds and shelter count: 3,306 • Adoptions, redemptions and transfers: 2,276 (68.8% • Euthanasia: 738 (22.3%) • Died in Shelter: 63 (1.9%) • On hand: 229 (6.9%) Januarv -November 2009 • Calls for service: 9017 • Impounds and shelter count: 4403 • Adoptions, redemptions and transfers: 2712 (61.6%) • Euthanasia: 1409 (32%) • Died in shelter: 66 (1.5%) • On hand: 200 (4.5%) WHEREAS, the Animal Control Unit has implemented a variety of initiatives with outside organizations such as pet retailers, shelters, the media and community animal rescue groups that enhance the quality of life for both citizens and companion animals. • Partner with approx. 50 rescue organizations. These organizations have transferred 535 animals from the shelter this year. • 276 of those animals were transferred as a result of 8 MRPS (Metro Richmond Pet Savers) events, with the Chesterfield Shelter being the featured shelter 3 times. • Food For Paws • Sheriff's Workforce-5 work release inmates daily, 5 hours/day 0 2010: $49,920 0 2011: $116,800 • 3 Police Department Volunteers • 21 Chesterfield Humane Society Volunteers • 8,737 hours attributed to all volunteers = $182,166 • Canine Carnival • Citizen cost saving su~~estions WHEREAS, Chesterfield County actively seeks to enhance and improve public education and awareness of animal welfare issues including pet adoption, sterilization and responsible pet ownership. • Animal Control Website: o Asilomar Accords and Pet Matrix data o Monthly shelter stats o Online reporting forms o Dog licensing information • Special Programs o Senior citizens o Animals with special needs o Exercise program at the shelter o Veterinary Tech Students from Chesterfield Tech Center WHEREAS, beginning in January 2010, the Board of Supervisors of the County of Chesterfield will initiate a process to develop a strategic plan and partnership process to reduce the number of homeless companion animals in the Animal Shelter, with the ultimate goal of becoming a facility where, in accordance with the Asilomar Accords, the lives of all healthy companion animals will be saved. • Signed MOU with Richmond Animal League and with the Chesterfield Humane Society • Asilomar Accords training for staff, and creation of a new database for statistics • Security and computer upgrades at the shelter (asset forfeiture funds) • Fenced get acquainted area at the shelter for citizen visits WHEREAS, it is the intent of the County of Chesterfield to expand the availability of spay and neuter services for all healthy, adoptable companion animals prior to release from the Animal Shelter. • Ordinance change for County Code 4-25 o $60.00 -adoption fee for dogs and cats • Loving Spay and Neuter Clinic o Spay/Neuter o Rabies vaccinations o Animal transport to and from vet o Heartworm and feline leukemia testing if necessary o RAL -graciously provided micro chipping free for the first year of the contract NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Chesterfield believes that these actions will, over time, have a positive impact in reducing the number of homeless companion animals that come to the Animal Shelter and lead to saving the lives of more animals. AND, BE IT FURTHER RESOLVED that the Board of Supervisors directs the County Administrator to expedite efforts to reach the goals outlined above, and that this resolution shall take effect upon its adoption. CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: December 15, 2010 Item Number: 2.6. Sub'ect: County Administrator's Comments County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Staff has received a request from the Muscular Dystrophy Association to recognize the Chesterfield Fire and Emergency Medical Services Department's participation in the 2010 MDA "Fill the Boot" Drive. The Chesterfield firefighters raised nearly $47,000 for the MDA this year. Ms. Liz Nixon, Fundraising Coordinator with the Muscular Dystrophy Association, will be present for the recognition. Preparers Edward L. Senter, Jr. Attachments: ^ Yes Title: Fire Chief ^ No # ~~~~~ i CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: December 15, 2010 Item Number: 2.C. Sub'ect: County Administrator's Comments County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Staff has completed the 2010 United Way Campaign for Chesterfield County employees, and United Way of Greater Richmond would like to recognize the county for its successful efforts. Ms. Sherrie Brach of the United Way of Greater Richmond will be present to make comments and a presentation. Preparers Charles Dane Attachments: ^ Yes Title: Deputy Director of General Services /i r' v ~'~,`'~ V`-~, 3 ~~ .~ - __ -: ~. 17..- ~,~v- CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: December 15, 2010 Item Number: 5.A. Sub'ect: Recognition of Department Employees of the Year for 2010 County Administrator's Comments: County Administrator: Board Action Reques Summary of Information: Annually, the Board of Supervisors recognizes the county's Employees of the Year who are selected to represent the various county departments. The annual Employee of the Year Program, begun in 1976, reflects the county's commitment to quality and excellence in the areas of customer service, teamwork, innovation, and continuous improvement. Employees of the year may also excel by solving an extraordinary problem or achieving a significantly difficult goal. This year we are pleased to recognize 32 Employees of the Year who were selected to represent their departments. The attached listing identifies the 2010 Employees of the Year, and they are present to be recognized by the Board of Supervisors. Preparers Marilyn E. Cole Title: Assistant County Administrator Attachments: ^ Yes ~ No 2010 Employees of the Year Name SliaryCl~Y..Adams .~lalnda .~1. Bawers .~Cristi S. Brittle moody Carr ,Janna 1. Doug!ierty ~mothy .Allen ~'tFi~ e lame ~Y. Field' y'eorge y: ,f'ish'er .~Careen~a!i .A..~lam~fan S!ierry .3i/ensley .~lelrssa .3~ 3foy Iris ~'ve~yn .~Caiser Riguey P..~Cing Candace,j. L'ac~ey .~licliaelL'eliman ~motFiy .~1..~Ic.~Cay Dayvn .~Llilton Lorr,"e ~ .Newton CatFiy .A. Pp~ers ,fames .~1. Perdue PaulPvllard~ .Angela .2uinn .~lark~ Sli plierd Scott Stargar~ .Marie S. Stivers ?Z~c!ielle 7Zoga~a Sullivan Dade .A. terry, Jr. .lark C~'regory ~!iras!i iris y. ~Yade Denise D. ~Yaff ,Joyce Yells Susan ~Yilson Department yaut!i Planning and"Develo~ment Com. pre!iensive Services .Accounting economic Development Pud~ac .Affairs ~'mergency Communications ~'nvironmental~'ngineering Police Offz"cer Lidrary IS?" Commonivealh' .Attorney treasurers Office .~lealli D partment .~luman Resource .Management Zltilities ,Fire D partment Risk~.~lanagement Purchasing Internal.A~t Pars and~7Zecreation Rea~'~state .assessments B~ et cP~ .Management ~C'eneralServices ,juvenile Detentr,"on Planning ,juvenile Predation Sheriff Bui~ng Inspection Cooperative ~'xtension Community Corrections Services Centerfor 4rganizational~xce~l nce County .Attorney o~a~~s ~~ ~, , y^ t~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: December 15, 2010 Item Number: 8.A. Subject: Submission of the Airport Master Plan Proposal to the FAA for Consideration and Approval County Administrator's Comments: County Administrator: Board Action Requested: Authorize county staff to submit the proposed Airport Master Plan documents to the FAA, as recommended by Delta Airport Consultants and as adopted by the Chesterfield County Airport Advisory Board, and to authorize the County Administrator to sign all necessary documents needed for FAA consideration of the proposed Master Plan. Summary of Information: The Federal Aviation Administration (FAA) requires that all public use airports that receive FAA funding assistance have an active and up to date Airport Master Plan for their facility. Master Plans are designed to span a maximum of 20 years, but are no longer effective once the majority of the identified projects or facility improvements have been completed. Chesterfield County's current Airport Master Plan was adopted in 1994. The county, with the support of the FAA and the Virginia Department of Aviation (VADOAV} , has built the majority of the facilities as prescribed in the 1994 Preparers Robert C. Key Title: Director of General Services Attachments: ^ Yes ~ No CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA plan and is therefore in need of an updated Master Plan that will encompass the next 20-year cycle of growth and development at the Chesterfield County Airport. In total, there were seven separate open meetings where the Master Plan was discussed, leading up to a public meeting on November 22, 2010 where the consultant's recommendations were described and explained in detail. Every potentially affected property owner was contacted and invited to the public meeting and most of them were in attendance. As defined in the FAA process, there will be multiple future opportunities where citizens and affected property owners will have interaction with the FAA, the consultant, and county staff (see attachment). At their November 23, 2010 meeting, the AAB adopted the consultant's recommendations. In addition, the AAB reiterated that the county should remain vigilant throughout this process to assure that land owners are treated fairly and equitably. The Master Plan approval process as dictated by the FAA requires that the plan be submitted on or before January 1, 2011, for consideration by the FAA if we are to remain within the funding cycle for the next step of the process. The next step will be the Environmental Assessment process, which could kick-off as early as September 2011. Failure to have our plan submitted by January 1, 2011, could result in a delay in the next step until Fall 2012. QnOa?1a 000010A 12-15-10 Chesterfield County Airport Master Plan Information Sheet D Chesterfield County Airport (FCI) is Significant Community Asset - Major contributions to health, safety and economic vitality of community - Generates $400,000 in annual property taxes to county - Annually supports 266 jobs, $6.7 million in wages and $16.8 million in overall economic activity (2003 VADOAV Study) D FAA and Virginia Department of Aviation (VADOAV) invested over $12.8 million in Chesterfield County Airport since 1994 - 98% combined funding from FAA and VADOAV for eligible airport projects ^ 95% FAA ^ 3% State ^ 2% Local O FAA Requires Updated Airport Master Plan FAA requires active and up-to-date Master Plan to receive FAA project funding ~ Existing 1994 Master Plan is built out and no longer current O Airport Master Plan is Long and Extensive Process of Evaluation - Airport Advisory Board began Airport Master Plan update August 2008 ^ Citizen members appointed by Board of Supervisors representing each district - FAA requirements drive the planning process - Delta Airport Consultants (DAC) prepared study according to FAA guidelines - Public Open House and Public Hearing Held on November 22, 2010 ^ Chesterfield added this extra step early to have open and transparent process although not required by FAA - All potentially impacted property owners invited to landowners meeting and public meeting - Airport Advisory Board reviewed DAC study results and all public comments - Airport Advisory Board unanimously recommended that study move to next step - Need to submit study to FAA by January 1, 2011 to avoid full 1-year delay D Next Steps with FAA y FAA review for compliance with their rules and regulations: January -June 2011 - FAA grant funding application if FAA approves study to move forward: June -September 2011 - Environmental Assessment Study based on FAA approval: September 2011 -August 2013 ^ Detailed and comprehensive evaluation over approximately 2 years ^ 18 potential impact categories reviewed ^ Assessment includes natural and cultural resources, social and economic impacts, safety and health risks and other factors - Citizens will have several opportunities to provide input during Environmental Assessment Study ^ At least 3 more public open house meetings ^ Formal public hearing conducted by Commonwealth of Virginia Page 1 of 1 i a c Q3 V 'd s e 5 a ~ ~ ~ ~ o N J 0 M o of Q! M N ~ ~ ~ ~a ,~ ~''~ '`'c, ;~ ~~ ~, ~ 'I ~~(` "X !% P~` ~ P ~~0 ~~~YS CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: December 15, 2010 Item Number: 8.B.1. Sub'ect: Appointments to the Sustain Our Communities Committee County Administrator's Comments: County Administrator: Board Action Request Nominate/appoint/reappoint members to serve on the Sustain Our Communities Committee. Summary of Information: The Sustain Our Communities Committee is a Board of Supervisors appointed committee working to sustain and improve Chesterfield's older communities. The Committee is composed of nine to fifteen members serving four-year terms. The Board received applications from all of the individuals listed below. The following members are interested in being reappointed: Cliff Bickford -Chesterfield Business Council Steven Brincefield -Senior Vice President of Thalhimer R.L. Dunn - Matoaca District Renae Eldred -Bermuda District Richard Young -Bermuda District Preparers Thomas E. Jacobson Title: Director of Revitalization Attachments: ~ Yes ^ No ~~~:~. CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA The following individuals have expressed interest in serving on the Committee through the Board's outreach program. Joseph M. Girone - Past President, Jefferson Davis Association, Midlothian District Carolyn V. Fenner - Retired VA Cooperative Extension, Midlothian District Shannon Finger - Bon Secours Richmond Health System, Dale District Charles Sipos - Immediate Past President, Deerfield Civic Association, Dale District Geraldine Taylor - Small Home Business Owner, Midlothian District Board members concur with these appointments. 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. QL~OQ~R~ CHESTERFIELD COUNTY ~,, BOARD OF SUPERVISORS ~,~; °~'' AGENDA Page 1 of 2 Meeting Date: December 15, 2010 Item Number: 8.B.2. Subject: Nomination/Appointment to the Richmond Metropolitan Convention and Visitors Bureau (RMCVB) Board County Administrator's Comments: County Administrator: Board Action Requested Nomination/reappointment of a member to serve on the RMCVB Board. Summary of Information: The purpose of the RMCVB is to serve as the lead regional agency and advocacy group for tourism and convention business in the Richmond area. The RMCVB Board has 21 members. Chesterfield has two seats on the board, one of which is an elected official, currently Mr. Holland. Mr. Neil Amin, Chief Executive Officer of Shamin Hotels, currently serves as the second county representative on the RMCVB Board. Shamin Hotels is the largest hotel owner and operator in Central Virginia, with over 20 hotels in the Greater Richmond Metropolitan Area. Shamin Hotels currently operates six hotels in Chesterfield County. Mr. Amin graduated summa cum laude from The Wharton School's BS/MBA Submatriculation Program. In addition to serving on the board of the Richmond Metropolitan Convention and Visitors Bureau, he is a charter member of The Indus Entrepreneurs of Washington, D.C. Mr. Amin has expressed an interest in reappointment to a three-year term, which would expire December 31, 2013. Four other citizens have expressed interest in an appointment to the RMCVB Board within the Board's citizen application process. Board members concur with the reappointment of Mr. Amin. Preparers Marilyn Cole Title: Assistant County Administrator Attachments: ~ Yes ^ No ~~Q~~3 CHESTERFIELD COUNTY ,, BOARD OF SUPERVISORS ~"~ `~' AGENDA ~~, Page 2 of 2 Under the existing Rules of Procedure, appointment are nominated at one meeting and appointed at the the Rules of Procedure are suspended by a unanimous present. Nominees are voted on in the order in s to boards and committees subsequent meeting unless vote of the Board members which they are nominated. O~Or~~,4 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 2 I, ;FI AGEND m, ~, Meeting Date: December 15, 2010 Item Number: 8.6.3. Subject: Nomination and Reappointment to Chesterfield Community Services Board County Administrator's Comments: County Administrator: Board Action Reques Nomination/reappointment of Mr. James G. Lumpkin, Jr., Ms. Ruth Roberts, Mr. Lorenzo Ross, Ms. Janet Stephens, and Mr. Jack Stewart to the Chesterfield Community Services Board, with terms effective January 1, 2011 through December 31, 2013. Summary of Information: The Chesterfield Community Services Board is designated as an Administrative/ Policy Board responsible for the provision of public mental health, intellectual disabilities and substance abuse services. The following are members of the Community Services Board who have expressed a willingness to continue for another term: Mr. James G. Lumpkin, Jr., Member-At-Large, Dale District; Ms. Ruth Roberts, Member-At-Large, Midlothian District; Mr. Lorenzo Ross, Member-At-Large, Clover Hill District; Ms. Janet Stephens, Dale District Representative; and Mr. Jack Stewart, Member-At-Large, Bermuda District. Each of these candidates has specific expertise and experience that has proven to be beneficial to the Board. Board members concur with these reappointments. Preparers Debbie Burcham Attachments: ^ Yes ^ No Title: Executive Director MHSS Department # OJQf215 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA There is also one additional At-Large vacancy, effective December 31, 2010, as a result of the term expiration of Ms. Nancy Briggs, who was not eligible for reappointment. Ten applications were received from citizens interested in serving in this position. Board members will be asked to make an appointment to the vacant seat at a later time. Under the existing Rules of Procedure, appointments to boards and committees are nominated at one meeting and appointed at the subsequent meeting unless the Rules of Procedure are suspended by a unanimous vote of the Board members present. Nominees are voted on in the order they are nominated. o~as~~s CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 ~ i AGENDA Meeting Date: December 15, 2010 Item Number: 8.8.4. Sub_1e t: Nomination and Reappointment to Virginia's Gateway Region Board County Administrator's Comments: County Administrator: Board Action Reques Request that the Board suspend reappoint Mr. Gary Thomson and Ms Gateway Region Board. Summary of Information: the rules and simultaneously nominate/ . Dorothy Jaeckle to serve on Virginia's The purpose of Virginia's Gateway Region Board is to assist the Counties of Chesterfield, Dinwiddie, Prince George, Surry and Sussex and the Cities of Colonial Heights, Hopewell and Petersburg in their efforts to enhance the economic development opportunities for participating communities within the Virginia's Gateway Region service area. The term of Mr. Gary Thomson and Ms. Dorothy Jaeckle will be effective January 1, 2011, and will expire December 31, 2011. The Board received an application from Mr. Thomson for reappointment. One additional application was received. Board members concur with the reappointments. 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. Preparers Will Davis, Jr. Title: Director, Economic Development Attachments: ^ yes ^ No CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 2 ~' ~ AGENDA Meeting Date: December 15, 2010 Item Number: 8.C.1.a. Subject: Resolution Supporting the Virginia Department of Transportation's Design of the Courthouse Road at Route 360 Dual-Right Turn Lane Project County Administrator's Comments: County Administrator: Board Action Request The Board is requested to adopt the attached resolution supporting VDOT's proposed design for the Courthouse Road at Route 360 Dual-Right Turn Lane Project. Prior to initiating the right-of-way acquisition phase, VDOT is requesting the county to express support for the project. Summary of Information: The Virginia Department of Transportation (VDOT) held a public hearing for the Courthouse Road at Route 360 Dual-Right Turn Lane Project on October 5, 2010, at Providence Elementary School. The purpose of the project is to increase the capacity of the intersection to reduce congestion especially during peak travel hours. The volume of right turn traffic during the afternoon peak hour is over 700 vehicles . The proposed project will allow more efficient movement of traffic through the intersection. In 2003, the county identified this project as a priority and obtained the first allocation of Regional Surface Transportation Program (RSTP) Funds for the project . The project has sufficient funding to progress to the right-of -way acquisition and construction phases. Staff has worked closely with VDOT in developing the design for the project and supports the project plans as presented at the public hearing. (Continued on next page) Preparers R.J.McCracken Title: Director of Transportation Attachments: ^ Yes ^ No # CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Summary of Information: continued A summary of the major design aspects of the Courthouse Road at Route 360 Dual-Right Turn Lane Project follows: • Dual-Right turn lanes will be constructed in the southbound direction of Courthouse Road. • The Dollar General entrance to Courthouse Road will be closed • The crossover in the median in front of the Pentecostal Church will be closed. • Old Courthouse Road will be extended to tie into the existing "frontage road" (ingress/egress easement) to provide access from the business park to the signalized intersection at Rockwood Park. • The gas station entrance on Courthouse Road will be shifted north approximately 40 feet. • The project will affect 13 properties. No families or businesses will be relocated as a result of the project. • The estimated total cost of the project is $6.6 million. Nine people attended the public hearing. There were four comments received for the record . One comment expressed support for the project . The other three comments were requests that the existing, private frontage road (ingress/egress easement) become state maintained from its proposed connection with Old Courthouse Road to the entrance to the Manchester Volunteer Rescue Squad. A copy of the comments received is available if desired by the Board. Recommendation: Staff recommends the Board adopt the attached resolution supporting the design of the Courthouse Road at Route 360 Dual-Right Turn Lane Project, as presented at the public meeting, with modifications necessary to allow state maintenance of the existing frontage road (ingress/egress easement), designated as a "Special Access Road". District: Clover Hill Q~~~]L3 WHEREAS, southbound Courthouse Road at Route 360 currently handles over 700 vehicles turning right onto Route 360 westbound, during the evening peak hour of traffic flow; and WHEREAS, significant congestion occurs on Courthouse Road at Route 360, particularly during peak travel hours, due to insufficient right turn lane accommodations; and WHEREAS, Courthouse Road should be improved to increase the capacity of the intersection and reduce traffic congestion; and WHEREAS, the Courthouse Road at Route 360 Dual-Right Turn Lane Project is included in Chesterfield County's Secondary Road Six Year Improvement plan; and WHEREAS, VDOT conducted a public hearing on the design of the Courthouse Road at Route 360 Dual-Right Turn Lane Project. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors supports VDOT's Courthouse Road at Route 360 Dual-Right Turn Lane Project design, as presented at the public hearing, with modifications necessary to allow state maintenance of the existing, private frontage road (ingress/egress easement), designated as a "Special Access Road", from its proposed connection to Old Courthouse Road to the entrance to the Manchester Volunteer Rescue Squad. AND, BE IT FURTHER RESOLVED that the Board requests VDOT to proceed with the right-of-way acquisition and construction of the project as quickly as possible. oaoa~~~ Co~~rtf~o~avv Road at Route 36~J Deal Ri~h~ ic~rr~ ~a..= Project Y ... il; ~~~ ~`~~ ~° `~~~. Y !~ 4~ '~~t i i : 'a ~i s is rY a ~~~~~,. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: December 15, 2010 Item Number: 8.C.1.b. Subject: Resolution Recognizing Corporal Patrick D. Crowson, Police Department, Upon His Retirement County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution. Summary of Information: Corporal Patrick D. Crowson retired from the Police Department on December 1, 2010, after providing over 30 years of service to the citizens of Chesterfield County. Preparers Colonel Thierry G. Dupuis Title: Chief of Police Attachments: ^ Yes ~ No 0~~~[?~2 RECOGNIZING CORPORAL PATRICK D. CROWSON UPON HIS RETIREMENT WHEREAS, Corporal Patrick D. Crowson retired from the Chesterfield County Police Department on December 1, 2010, after providing over 30 years of quality service to the citizens of Chesterfield County; and WHEREAS, Corporal Crowson has faithfully served the county in the capacities of police officer, senior, master, career and corporal police officer; and WHEREAS, during his tenure with the Chesterfield County Police Department, Corporal Crowson has served as a field training officer, a member of the department Color Guard, traffic unit, Police Quality Council and as a school resource officer; and WHEREAS, Corporal Crowson received the Life Saving Award for administering the Heimlich maneuver to a student; and WHEREAS, Corporal Crowson was the recipient of a Unit Citation Award for his professionalism, teamwork and dedication as a school resource officer in achieving a high volume and quality of cases cleared in addition to his normal school duties; and WHEREAS, while serving as a school resource officer, Corporal Crowson was effective in teaching the Class Action Program, served as a committee member for the Olweus Bullying Prevention Program, developed and managed a Crime Solvers Club at the Swift Creek Middle School, which was very successful in encouraging students to come forward with information on cases both inside and outside of school, and was also instrumental in establishing the Cadet Law Enforcement Program at the Chesterfield County Technical Center; and WHEREAS, Corporal Crowson is recognized for his excellent communications and human relations skills, which he has utilized within the Police Department and in assisting citizens of Chesterfield County; and WHEREAS, Corporal Crowson has received numerous letters of commendation, thanks and appreciation from the citizens of Chesterfield County for service rendered; and WHEREAS, Corporal Crowson has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Corporal Crowson's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Corporal Patrick D. Crowson, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. o~3~a~2~ +~,~ ~'y~9Mr ,;`}a` ~y~`,M `t ~, tr,~~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: December 15, 2010 Item Number: 8.C.1.c. Subject: Resolution Recognizing Lieutenant Edward Shaun Guice, Police Department, Upon His Retirement County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution. Summary of Information: Lieutenant Edward Shaun Guice will retire from the Police Department on January 1, 2011, after providing nearly 28 years of service to the citizens of Chesterfield County. Preparers Colonel Thierr~~ G. Dupuis Title: Chief of Police Attachments: ^ Yes ~ No ~b~o~~4 RECOGNIZING LIEUTENANT EDWARD SHAUN GUICE UPON HIS RETIREMENT WHEREAS, Lieutenant Edward Shaun Guice will retire from the Chesterfield County Police Department on January 1, 2011, after providing nearly 28 years of outstanding quality service to the citizens of Chesterfield County; and WHEREAS, Lieutenant Guice has faithfully served the county in the capacities of police officer, training officer, sergeant and lieutenant; and WHEREAS, during his tenure with the Chesterfield County Police Department, Lieutenant Guice has served as a general instructor, TAC Team Leader, member of the Police Department's Emergency Response Team, SWAT Team member, and has served diligently in the Uniform Operations Bureau, Training Division, Support Services Division and the Investigations Bureau; and WHEREAS, Lieutenant Guice earned dedicated service on the SWAT Team for those years as Team Commander; and the Meritorious Service Award for his 19 years, and his leadership for 8 of WHEREAS, Lieutenant Guice received a Chief's Commendation Award in 2006 for his critical role in the investigation and arrest of a suspect whom he discovered was in possession of castor beans, which led to the discovery of the deadly toxin ricin, and the FBI was contacted and it was subsequently discovered that the suspect was planning to use ricin in a plot to kill his wife, who was located in Florida; and WHEREAS, Lieutenant Guice received a Chief's Commendation Award for distinguishing himself as a member of the Tactical Team, while assisting the DEA Task Force in the extended surveillance and successful arrest of a suspect considered highly dangerous due to his violent past, suspected drug use and access to extremely destructive weapons; and WHEREAS, Lieutenant Guice was the recipient of a Certificate of Achievement Award for his dedicated and diligent work on the North District Police Station, where he was involved in every aspect of the project f rom identifying the potential structure for the location of the station to the planning, development and transformation of the building into a modern and professional facility, and the Midlothian Station was the first 24-hour, 7- day a week satellite location in the history of the Police Department; and WHEREAS, Lieutenant Guice was recognized with a Certificate of Achievement for his leadership and supervisory skills in coordinating the development of the Community Policing Office at Chesterfield Towne Center and the Community Policing Programs in the North District; and WHEREAS, Lieutenant Guice received the Mason T. Chalkley Supervisory Concern for People Award for continually demonstrating the highest degree of concern for subordinates, as well as all department personnel; and WHEREAS, Lieutenant Guice served as Supervisor of the Metropolitan Special Operations Group, requiring him to communicate with top executives of several different agencies with the unique challenge of investigating unusual and far-reaching cases; and Kam" 5,.~ t 4' 'M: ~,,,~ WHEREAS, Lieutenant. Guice made significant contributions to more than 20 police committees, councils and boards during his career, including the Quality Council, Peer Counseling Committee, New Training Academy Committee, Community Policing Committee, Metro Tactical Group, and the Isolation and Quarantine Committee; and WHEREAS, Lieutenant Guice was repeatedly commended by his superiors within the Chesterfield Police Department for his outstanding performance of duty, which led to the clearance of numerous cases, recovery of stolen property, and apprehension of criminals; and WHEREAS, Lieutenant Guice is recognized for his excellent communications and human relations skills, which he has utilized in an exemplary manner within the Police Department and in assisting citizens of Chesterfield County; and WHEREAS, Lieutenant Guice has received numerous letters of commendation, thanks and appreciation from the citizens of Chesterfield County for service rendered; and WHEREAS, Lieutenant Guice has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Lieutenant Edward Shaun Guice's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Lieutenant Edward Shaun Guice, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. 0~0~~6 ., r. ~. ,; y ~I t _ i IT49 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: December 15, 2010 Item Number: 8.C.1.d. Subject: Resolution Recognizing Mrs. Barbara T. Sizer, Planning Department, Upon Her Retirement County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution. Summary of Information: Mrs. Barbara T. Sizer retired from the Planning Department on December 14, 2010, after providing 27 years of service to the citizens of Chesterfield County. Preparers Kirkland A. Turner Title: Director of Planning Attachments: ^ Yes ~ No # ~~~ ~''7 RECOGNIZING MRS. BARBARA T. SIZER UPON HER RETIREMENT WHEREAS, Mrs. Barbara T. Sizer retired from the Chesterfield County Planning Department on December 14, 2010 after 27 years of dedicated service; and WHEREAS, Mrs. Sizer began her career with Chesterfield County and the Chesterfield County Planning Department on September 6, 1983, as a Graphics Illustrator; and WHEREAS, Mrs. Sizer was promoted in 1989 to Drafting Supervisor and retires as a Geographic Information System Specialist; and WHEREAS, Mrs. Sizer provided quality graphic and mapping services to the Chesterfield County Board of Supervisors, Planning Commission and the Board of Zoning Appeals; and WHEREAS, Mrs. Sizer played an important role in the Planning Department's use of Geographic Information Systems, including the maintenance of critical GIS maps for zoning and subdivision cases; and WHEREAS, Mrs. Sizer helped implement numerous quality improvements to Planning Department mapping, graphics and automation processes; and WHEREAS, Mrs. Sizer was recognized by the Planning Department for six straight years of perfect attendance between 1994 and 1999; and WHEREAS, Mrs. Sizer has completed numerous Total Quality Improvement courses, including Group Dynamics, Customer Service and Effective Meeting Management. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mrs. Barbara Sizer and extends on behalf of its members and the citizens of Chesterfield County, appreciation for her service to the county, congratulations upon her retirement, and best wishes for a long and happy retirement. o~a~}~3 -~ I~Vi~r _.~1~ ~~ it ~ - ~,~( y~ ~74~ L1'R~~1,~.;~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: December 15, 2010 Item Number: 8.C.1.e. Subject: Resolution Recognizing Ms. Marilyn E. Cole, Assistant County Administrator for Administration and Governmental Relations, Upon Her Retirement County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution. Summary of Information: Ms. Marilyn E. Cole will retire on March 1, 2011, after 18 years of service to Chesterfield County. This resolution will recognize Ms. Cole for her outstanding service to the county. Preparers James J. L. Stegmaier Title: County Administrator Attachments: ^ Yes ~ No # RECOGNIZING MARILYN E. COLE, ASSISTANT COUNTY ADMINISTRATOR, UPON HER RETIREMENT WHEREAS, Ms. Marilyn E. Cole joined Chesterfield County in 1992 as Executive Assistant to the County Administrator with numerous years of executive level experience in government at the local, state, and federal levels; and WHEREAS, Ms. Cole became Assistant County Administrator for Administration and Government Affairs in 1997 serving as the primary liaison to the Board of Supervisors; coordinating the day-to-day administration of the County Administrator's office; providing oversight for Legislative Affairs/Intergovernmental Relations, Clerk to the Board's Office, Center for Organizational Excellence and staff to the Committee on the Future and James River Advisory Council; and WHEREAS, Ms. Cole has been a valuable member of the County's Leadership Team for eighteen years, coordinating meetings, retreats, minutes and follow through for critical issues that helped guide, shape and define policy issues for the county; and WHEREAS, Ms. Cole supported regional initiatives, coordinated the first regional summit for elected officials from Chesterfield, Henrico, Hanover and Richmond, developed a report that lists over 140 regional projects and has participated in numerous regional projects to benefit the greater Richmond area and; and WHEREAS, Ms. Cole has served as the county's lead Special Events Coordinator, planning over 100 special meetings and programs, appreciation activities, ribbon cuttings, groundbreakings and dedication ceremonies including the Board of Supervisors Investitures, Annual State of the County Address, first State of the County from a Business Perspective, Route 288 grand opening, Hurricane Isabel Employee and Neighbor Helping Neighbor Recognition which received a NACo award; and WHEREAS, Ms. Cole served as the liaison for staff support to provide effective coordination of sensitive and strategic issues and work activities for the Board of Supervisors, including orientation sessions, official board meetings, speeches, policies and procedures, District Improvement Funds, communications with citizens, and fostered great teamwork among staff in County Administration and in the Clerk to the Board's office; and WHEREAS, Ms. Cole has participated on various committees throughout the county and community including the county's Black History Month Celebration Committee, Employee of the Year Committee, Chesterfield County School's BRAVO Award Committee, 250th Anniversary Celebration, Chesterfield's Business Council's High Speed and Long Range Planning Committees; and WHEREAS, Ms. Cole served as a member on numerous boards and organizations including the Petersburg Area Regional Tourism (PART), Leadership Metro Richmond (LMR), Metro Richmond YMCA Board, Big Brothers Big Sisters, Inc., Richmond Metro Convention and Visitors Bureau and The Richmond Chapter of Links, Inc.; and WHEREAS, Ms. Cole serves as a National Board member for the National Forum for Black Public Administrators (NFBPA) and the treasurer for the local Central Virginia Chapter of NFBPA, chaired the organization's 2005 annual conference hosted in Richmond, Virginia for more than 1000 national and international delegates and was instrumental in raising over $320,000 for the conference; and WHEREAS, as Assistant County Administrator, Ms. Cole has played a significant role in the development of the county's Strategic Plan, provided leadership and direction for the county's quality effort and citizen and business surveys; championed new initiatives related to customer service and the county's vision, mission, values and principles; and o~m~~~ WHEREAS, Ms. Cole played a critical role in overseeing the Clerk to the Board's office implementation of Board Bits, a summary of board meetings for the public; Granicus, video streaming of Board meetings; and revamping the Board of Supervisors appointment process which includes an on-line application and Internet capabilities; and WHEREAS, Ms. Cole served on the lead planning team to host the National Association of Counties (NACo) Annual Conference in 2007, resulting in more than 10,000 attendees visiting the Richmond Region and has coordinated the county's participation in the NACo awards process for many years; and WHEREAS, Ms. Cole has been recognized for several achievements and accomplishments including receiving the Star Achievement Award from Chesterfield Alumnae of Delta Sigma Theta Sorority, Inc. and was a past Employee of the Year for County Administration; and WHEREAS, Ms. Cole has exemplified great leadership and commitment to make Chesterfield County government a First Choice community through embracing and promoting workplace diversity and cultural training for employees; establishing and maintaining regional partnerships; and supporting process improvement initiatives and services to county residents; and WHEREAS, fellow county employees will genuinely miss her team approach, support and contributions. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 17th day of December 2010, publicly recognizes the exemplary career achievements of Ms. Marilyn E. Cole, for her 18 years of distinguished and dedicated service to Chesterfield County, and extends sincere best wishes for a long, healthy and enjoyable retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented tO Ms. Cole and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. 00~~31 .~~:~~~=~~~~ CHESTERFIELD COUNTY ~ ~~ . ~_ _ ; ,~~ BOARD OF SUPERVISORS Page ~ of 2 ~; '~~.. i~ae ~~~> ~`~`~~~ ~° AGENDA ~~~ti~-. Meeting Date: December 15, 2010 Item Number: 8.C.1.f. Subject: Resolution Authorizing Execution of the Virginia Water and Wastewater Agency Response Network Mutual Aid Agreement County Administrator's Comments: County Administrator: Board Action Requeste Staff requests that the Board approve all documents pertaining to the Resolution Authorizing Execution of the Virginia Water and Wastewater Agency Response Network Mutual Aid Agreement (VA WARN) and authorize the County Administrator to execute all necessary documents. Summary of Information: Public and private water and wastewater systems in Virginia are proposing to form VA WARN, for the purpose of providing emergency assistance to any member which sustains natural or man-made damages that negatively affect its ability to provide customers with water and/or wastewater service. VA WARN's objective is to provide rapid, short-term deployment of emergency services to restore the critical operations of the impacted utility as soon as possible. The VA WARN program is designed to accomplish restoration as soon as possible through proactive planning for either man-made or natural emergencies. The VA WARN Committee ~a joint committee created by the Virginia - American Water Works Association [VA AWWA] and the Virginia Water Environment Association [VWEA] ) developed the Mutual Aid Agreement (MAA) . Preparers RoyE. Covington Attachments: ^ Yes ^ No Title: Director of Utilities o~-~~~~~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Summary of Information: (Continued) Under the MAA, any VA WARN member, which requires assistance must submit a written request for assistance to the other VA WARN members whose assistance it seeks. Members whose assistance is requested would then evaluate their own resources to determine whether they had the capability of providing assistance. If the assisting locality agrees to provide assistance, it will pay its own employees and use its own equipment, but will later bill the requesting member for its expenses incurred after completing the provision of the emergency services. The MAA was developed ~in accordance with similar models for emergency assistance, such as the Virginia Department of Emergency Management (VDEM) Statewide Mutual Aid Program and the National Capital Region Water/Wastewater MAA (NCR). Using this standard format should increase its acceptance and approval by Virginia localities and authorities which are already parties to the VDEM or NCR agreements, avoid inconsistency between the programs, and facilitate transition from a VA WARN-level response to a response by VDEM or others after a formal emergency or disaster declaration. Staff recommends approval as requested. Q~~3~~3 RESOLUTION AUTHORIZING EXECUTION OF THE VIRGINIA WATER AND WASTEWATER AGENCY RESPONSE NETWORK MUTUAL AID AGREEMENT WHEREAS, the National Infrastructure Protection Plan and in particular the Sector Specific Plan for the Water Sector developed by the United States Environmental Protection Agency identifies the development of a Water and Wastewater Agency Response Network in each State as an important means of helping to ensure resilient water and wastewater infrastructure in the public interest; and WHEREAS, in furtherance of such national Water Sector plan, Virginia's longstanding, nationally-recognized professional associations known as the Virginia Section of the American Water Works Association ("VA AWWA") and the Virginia Water Environment Association ("VWEA") have jointly formed the Virginia Water and Wastewater Agency Response Network ("VA WARN") Committee to develop the EPA-recommended network and associated procedures for implementation in Virginia; and WHEREAS, the VA WARN Committee has developed the attached form of a VA WARN Mutual Aid Agreement for use by public and private Water Sector utilities for purposes of requesting assistance and responding to such requests as well as a related form of an Event Agreement for providing assistance of a defined scope on defined terms and conditions; and WHEREAS, this VA WARN Mutual Aid Agreement is intended to supplement and integrate with the Statewide Mutual Aid Program administered by the Virginia Department of Emergency Management, with the Emergency Management Assistance Compact, and with other mutual aid agreements of local, intrastate and interstate scope; and WHEREAS, Chesterfield County owns or operates water and wastewater facilities, is responsible for public water supply or wastewater management in the Commonwealth of Virginia, and is therefore eligible to participate in VA WARN and the VA WARN Mutual Aid Agreement. NOW, THEREFORE, BE IT RESOLVED by the Chesterfield County Board of Supervisors, that the County Administrator is hereby authorized to execute the VA WARN Mutual Aid Agreement, which is hereby approved. Adopted by the Chesterfield County Board of Supervisors this 15th day of December 2010. Oflo~334 ~~~ VIRGINIA WATER AND WASTEWATER AGENCY RESPONSE NETWORK MUTUAL AID AGREEMENT THIS MUTUAL AID AGREEMENT (this "Agreement"} is made and entered into by and among the undersigned Member Utilities of the Virginia Water and Wastewater Agency Response Network, each of which is responsible for public water supply or wastewater management in the Commonwealth of Virginia. BACKGROUND A. The National Infrastructure Protection Plan and in particular the Sector Specific Plan for the Water Sector developed by the United States Environmental Protection Agency ("EPA") identifies the development of a Water/Wastewater Agency Response Network in each State as an important means of helping to ensure resilient water and wastewater 'infrastructure in the public interest. B. In furtherance of such national Water Sector plan, Virginia's longstanding, nationally-recognized professional associations known as the Virginia Section of the American Water Works Association ("VA AWWA") and the Virginia Water Environment Association ("VWEA") have jointly formed the Virginia 'Water and Wastewater Agency Response Network ("VA WARN") Cornrnittee to develop the EPA- recommendednetwork and associated procedures for implementation in Virginia. C. The VA WARN Committee has developed this form of Agreement for use by public and private Water Sector utilities for purposes of requesting assistance and responding to such requests. D. This Agreement is intended to supplement and integrate with the Statewide Mutual Aid Program administered by the Virginia Department of Emergency Management, with the Emergency Management Assistance Compact, and with other mutual aid agreements of local, intrastate and interstate scope. NOW, THEREFORE, in consideration of the mutual covenants and conditions herein, the parties hereto agree as follows: SECTION 1-DEFINITIONS "ASSISTING UTILITY" means a Member Utility that elects to provide assistance in the form of personnel, equipment, materials or supplies to a Requesting Utility pursuant to an individual Event Agreement following a request for assistance under this Agreement. "AUTHORIZED REPRESENTATIVE" means an officer, principal or employee of a Member Utility authorized in writing by that entity to request, offer or provide assistance pursuant to this Agreement. 000~~5 "EVENT AGREEMENT" means a separate agreement entered into by and between a Requesting Utility and Assisting Utility for the purpose of providing and accepting assistance for a Utility Event. See Exhibit B. "PERIOD OF ASSISTANCE" means the period of time commencing when the Assisting Utility dispatches personnel, equipment, materials or supplies pursuant to an individual Event Agreement and ending when personnel, equipment and remaining materials or supplies return to the Assisting Utility (i. e., portal to portal). "REQUESTING UTILITY" means a Member Utility that requests assistance pursuant to this Agreement or that receives assistance pursuant to an individual Event Agreement. "MEMBER UTILITY" means any locality, water authority, wastewater authority, sanitary district, sanitation district or public service corporation that (i) owns or operates any water storage, treatment, transmission or distribution facilities for drinking or other domestic uses, or any wastewater collection or treatment facilities and (ii) has been accepted and acknowledged in writing as a member of VA WARN by the Chair of VA wARN Committee following delivery and receipt of this executed Agreement. "UTILITY EVENT" means any event or occurrence, or threat thereof, whether natural or manmade, the desired response to which is or is likely to be beyond the affected Member Utility's capability orthen-available resources including but not limited to personnel, equipment, materials and supplies. A Utility Event may be a one-time event not reaching the nature or criteria requiring the declaration of a disaster, emergency or local emergency but still requiring inter-utility assistance. A Utility Event may be a recurrent event or occurrence where inter-utility assistance is beneficial for expediting the response to a particular need or filling temporary gaps in service of the Requesting Utility, SECTION 2 -PROCEDURES FOR REQUESTING ASSISTANCE 2.1 ASSISTANCE REQUEST - when a Member Utility is affected by a Utility Event, it may request assistance by (a) submitting a written request for assistance to another Member Utility in the form provided at Exhibit A hereto, as amended and updated in the discretion of the VA WARN Committee from time to time, or (b) verbally communicating a request for assistance to another Member Utility followed as soon as practicable by a written confirmation of such request. Assistance shall not be requested under this Agreement by a Member Utlllty unless resources otherwise reasonably available to the Member Utility are deemed to be inadequate. A Requesting Utility may cancel a request for assistance at any time and shall provide such notice thereof as soon as practicable to the Member Utilities of whom it has made a request for assistance. The Requesting Utility may communicate the cancellation verbally but shall provide written confirmation as soon as practicable thereafter. ~~ 2.2 RESPONSE - After a Member Utility receives a request for assistance, its Authorized Representative evaluates whether resources are available to assist and informs the Requesting Utility as soon as possible if it is able and willing to provide assistance. Execufiion of this Agreement does not establish a duty to respond to a request for assistance. Each Member Utility shall retain absolute discretion as to determinations regarding its ability to respond and its decision whether to do so. If the Member Utility is able and willing to .provide assistance, the Member Utility's Authorized Representative responds with the type of available resources and the approximate arrival time that such assistance could be provided to the Requesting Utility. 2.3 EVENT AGREEMENT - To enter into an agreement to provide assistance, the Requesting Utility and the Assisting Utility shall communicate directly and enter into an Event Agreement, the form of which is provided in Exhibit B hereto. 2.4 AUTHORIZED REPRESENTATIVES -Upon execution of this Agreement, each Member Utility shall designate and notify the VA WARN Committee of one or more Authorized Representatives authorized to act on its behalf in requesting or agreeing to provide assistance under this Agreement. Each Member Utility shall notify the VA WARN Committee whenever a current Authorized Representative(s) is no longer authorized to act on its behalf and whenever it designates a new or additional Authorized Representative. All notices pursuant to this Paragraph shall be made in writing on a form provided by the VA WARN Committee, which shall include 24-hour access contact information and shall be signed on behalf of the Member Utility. If a Member Utility designates more than one person as an Authorized Representative, each Authorized Representative shall be considered fully authorized to act for the Member Utility in requesting or agreeing to provide assistance under this Agreement, and each Authorized Representative shall have the responsibility for expedient notification of the other Authorized Representative(s) within the Member Utility of requests for assistance that he has made or assistance he has agreed to provide on behalf of the Member Utility. SECTION 3 -ROLE OF VA WARN COMMITTEE The parties acknowledge and agree that the role of the VA ~1VARN Committee, its individual members and any advisors is limited to the development and administrative support of VA WARN, on a voluntary basis and not as a party to this Agreement or as representative of any party hereto. While the VA WARN Committee may volunteer to assist the parties in coordinating requests for assistance or in other ways, this Agreement does not contemplate that the VA WARN Committee will be a required intermediary in arranging the details of assistance or reimbursement therefor and instead this Agreement contemplates that such arrangements will be arranged directly by and between Member Utilities. The VA WARN Committee, its members and any advisors assume no responsibility for this Agreement, for the delivery of assistance hereunder, or for any obligation incurred by any party hereto. 3 v~€l~:s`7 SECTION 4 -TERM AND WITHDRAWAL 4.1 TERM -This Agreement shall be in effect upon execution by two Member Utilities and subsequent acceptance and acknowledgment in writing as a member of VA WARN by the Chair of VA WARN Committee. This Agreement shall continue in full force and effect so long as there are at least two Member Utilities. 4.2 WITHDRAWAL -Any Member Utility may withdraw from this Agreement upon 30 days written notice. Withdrawal from this Agreement shall in no way affect a Requesting Utility's obligation to reimburse an Assisting Utility for costs incurred pursuant to an Event Agreement, which obligation shall survive such withdrawal. SECTION 5 -MODIFICATIONS AND ADMINISTRATIVE PROCEDURES 5.1 MODIFICATION OF THIS AGREEMENT -This Agreement may be modified upon agreement of the parties according to the following procedure. From time to time, the VA WARN Committee may recommend approval of a proposed modification, either on its own initiative or following its endorsement of a suggestion made by a Member Utility. Modification to this Agreement shall be made on the basis of receipt by the VA WARN Committee of the written approval of the proposed modification by at least two thirds of the parties hereto. The effective date of the modification shall be 90 days after the day on which notice is given to all Member Utilities of the receipt of such approval. All parties that have failed or declined to approve the proposed modification on or before the effective date shall be deemed to have withdrawn from this Agreement as of the effective date. 5.2 MODIFICATION OF FORM OF EVENT AGREEMENT -The form of Event Agreement attached as Exhibit B hereto shall be modified only by the same procedure provided in Paragraph 5.1 for modification of this Agreement. 5.3 ADMINISTRATIVE PROCEDURES -The VA WARN Committee may adopt such administrative procedures as it deems appropriate to facilitate implementation of VA WARN and this Agreement, either on its own initiative or following its endorsement of a suggestion made by a Member Utility. The adoption of such procedures shall not be deemed a modification of this Agreement or the Event Agreement and therefore shall not require approval under Paragraph 5.1 or Paragraph 5.2. SECTION 6 -MISCELLANEOUS PROVISIONS 6.1 OTHER AGREEMENTS -The parties acknowledge and agree that any Member Utility may have entered into other mutual aid agreements, either with other Member Utilities or with third parties, which shall not be deemed to be amended, superseded or repealed by execution of this Agreement. This Agreement shall govern with respect to all actions expressly taken or made pursuant hereto. Nothing in this Agreement is intended to interfere with any party's ability to request or provide 4 o~oa~~~ ~~ assistance under the Virginia Statewide Mutual Aid Program or the Emergency Management Assistance Compact. 6.2 INTERPRETATION -This Agreement shall be construed in accordance with and governed for all purposes by the laws of the Commonwealth of Virginia. 6.3 SEVERABILITY -Should any provision of this Agreement be held to be invalid, illegal or unenforceable by a court of competent jurisdiction, that fact shall not affect or invalidate any other provision, which shall remain in full force and effect. 6.4 ASSIGNMENT -This Agreement shall not be assigned or transferred by any party. 6.5 NO THIRD PARTY BENEFICIARIES -This Agreement is solely for the benefit of the Member Utilities who are parties hereto and shall not confer any rights or benefits on any other person or entity. 6.6 COUNTERPARTS -This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The parties further agree that a facsimile or scanned signature may substitute for and have the same legal effect as an original signature, and that any copy of this executed Agreement made by photocopy, facsimile, or scanner shall be considered an original. 6.7 AUTHORIZATION OF SIGNATURE - In the case of a locality, authority or district, the party represents and warrants that its execution of this Agreement is made by an individual authorized to do so by its governing body. In the case of a public service corporation, the party represents and warrants that its execution of this Agreement by the undersigned is duly authorized and validly performed. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed in their names and on their behalf. [SIGNATURE PAGES FOLLOW] 5 Q~~~a3~ ~`-~ ~ VIRGINIA WATER AND'WASTEWATER AGENCY RESPONSE NETWORK EVENT AGREEMENT THIS EVENT AGREEMENT (this "Agreement") is made and entered into by and between the undersigned Requesting Utility and Assisting Utility and shall be in effect as of the date of execution of the last signatory hereto. BACKGROUND A. The parties are Member Utilities of the statewide mutual aid network for water and wastewater utilities known as the Virginia Water and Wastewater Agency Response Network ("VA WARN") and are signatories to the VA WARN Mutual Aid Agreement. B. The undersigned Requesting Utility has requested assistance pursuant to the VA WARN Mutual Aid Agreement, and the undersigned Assisting Utility desires to assist the Requesting Utility as more fully set forth herein. C. The VA WARN Committee has developed this form of agreement for use by VA WARN Member Utilities in agreeing to provide and accept assistance as needed to respond to a Utility Event. NOW, THEREFORE, in consideration of the mutual covenants and conditions herein, the parties hereto agree as follows: SECTION 1-DEFINITIONS Terms not specifically defined herein shall have the definitions provided in the VA WARN Mutual Aid Agreement to which the Requesting Utility and Assisting Utility are both parties. SECTION 2 -SCOPE OF ASSISTANCE To support the Requesting Utility's response to a Utility Event, the Assisting Utility agrees to provide, and the Requesting Utility hereby accepts, assistance as set forth on Attachment A hereto. Such assistance is provided subject to the terms and conditions of this Agreement, including without limitation the Assisting Utility's right to recall its personnel and resources in whole or in part and the Requesting Utility's right to reduce or cancel the previously agreed upon Scope of Assistance pursuant to Paragraph 3.1 below. SECTION 3 -PROCEDURES FOR PROVISION OF MUTUAL AID 3.1 SUPERVISION, CONTROL, AND RECALL -Personnel and other resources of the Assisting Utility shall remain under the supervision and control of the Q~0~14fl `F;. - Assisting Utility. The Assisting Utility shall coordinate with the Requesting Utility t regarding response activities for assignment to the Assisting Utility's personnel. The Assisting Utility shall have the right and duty to refuse directions that it considers to be unsafe, contrary to law, or not in accordance with the Scope of Assistance at Attachment A hereto. The Assisting Utility's personnel and other resources shall remain subject to recall, in whole or in part, by the Assisting Utility at any time. The Assisting Utility shall provide at least twenty-four hours advance notice of intent to withdraw personnel or resources to the Requesting Utility, unless such notice is not practicable, in which case such notice as is practicable shall be provided. The Requesting Utility may at any time reduce the Scope of Assistance at Attachment A, including by reducing the Period of Assistance or the personnel or other resources requested; provided, however, that the Requesting Utility shall remain responsible for reimbursing the Assisting Utility pursuant to Section 4 for expenses incurred. 3.2. FOOD, HOUSING, AND SELF-SUFFICIENCY -Unless otherwise agreed, the Requesting Utility shall have the responsibility of providing food and housing for the personnel of the Assisting Utility from the time of their arrival at the designated location to the time of their departure. 3.3 COMMUNICATIONS -Unless otherwise agreed, the Requesting Utility shall have the responsibility for coordinating communications between the personnel of the Assisting Utility and the Requesting Utility and shall provide radio equipment as available and radio frequency information to facilitate such communications. The Assisting Utility shall be responsible for communications among its personnel regardless of the availability of radio equipment from the Requesting Utility. 3.4 RIGHTS AND PRIVILEGES -Unless otherwise provided by law, the Assisting Utility's officers, principals or employees retain the same privileges, immunities, rights, duties and benefits associated with their position with or employment by the Assisting Utility. 3.5 SUMMARY REPORT -Within ten days of the return of all personnel deployed under this Agreement, the Requesting Utility shall prepare a summary report of the event and provide a copy to the Assisting Utility. The report shall be in a format established by the VA WARN Committee or, if none, in the format used by the Virginia Department of Emergency Management, and shall include a chronology of events and description of personnel, equipment, materials and supplies provided. SECTION 4 -REIMBURSABLE EXPENSES The terms and conditions governing reimbursement for any assistance provided pursuant to this Agreement shall be in accordance with the following provisions and applicable VA WARN administrative procedures, unless otherwise agreed upon by the Requesting Utility and Assisting Utility and set forth in Attachment A hereto. 2 Q'~~~l~:t. ~~ ~ 4,1 PERSONNEL -During the Period of Assistance, the Assisting Utility shall continue to pay its employees according to its normal policies. The Requesting Utility shall reimburse the Assisting Utility for all direct and indirect payroll costs (including overtime) and expenses (including travel expenses, benefits, costs of insuring for workers' compensation claims, and other expenses) incurred during the Period of Assistance, unless otherwise agreed and set forth by the parties in this Agreement. 4.2 EQUIPMENT -The Assisting Utility shall be reimbursed by the Requesting Utility for the use or damage (unless such damage is caused by gross negligence, or willful and wanton misconduct of the Assisting Utility's personnel) of its equipment during the Period of Assistance according to either apre-established local or state hourly rate or according to the actual replacement, operation, and maintenance expenses incurred. For those instances in which some costs may be reimbursed by the Federal Emergency Management Agency, the eligible direct costs shall be determined in accordance with 44 CFR 206.228, or other regulations in effect at the time of the Utility Event. Each Utility shall maintain its own equipment in safe and operational condition. At the request of the Assisting Utility, fuels, miscellaneous supplies, and minor repairs may be provided by the Requesting Utility, if practical. If the equipment charges are based on apre-established local or state hourly rate, then these charges to the Requesting Utility shall be reduced by the total value of the fuels, supplies, and repairs furnished by the Requesting Utility and by the amount of any insurance proceeds received by the Assisting Utility for damage to or loss of such equipment. 4.3 MATERIALS AND SUPPLIES -The Assisting Utility shall be reimbursed for all materials and supplies furnished by it and used or damaged during the Period of Assistance, except for the costs of equipment, fuel, maintenance materials, labor and supplies, which shall be included in the equipment rate established above, unless such damage is caused by gross negligence, or willful and wanton misconduct of the Assisting Utility's personnel.. The measure of reimbursement shall be determined in accordance with 44 CFR 206.228 or other regulations in effect at the time of the Utility Event. In the alternative, the Utilities may mutually agree in writing that the Requesting Utility will replace, with like kind and quality as determined by the Assisting Utility, the materials and supplies used or damaged. 4.4 RECORD KEEPING -The Assisting Utility shall maintain records and submit invoices for reimbursement by the Requesting Utility in accordance with the ASSlsting Utlllty' S existing policies and practices. The Requesting Utility may provide information, directions, and assistance for record keeping to the Assisting Utility personnel to facilitate future potential reimbursement to the Requesting Utility from the federal or State government. 4.5 PAYMENT -Unless otherwise mutually agreed in writing, the Assisting Utility shall invoice the Requesting Utility for all reimbursable expenses with an itemized statement as soon as practicable after the expenses are incurred, but not later than sixty (60) days after the Period of Assistance, unless the deadline for identifying damage or expenses is extended in accordance with applicable federal or State regulations. The 3 Q"~~x`.~'~w -~ - ~ Requesting Utility shall pay the bill, or advise of any disputed items, not later than sixty (60) days following receipt of the invoice, unless the parties mutually agree in writing to a different time. 4.6 WAIVER OF REIMBURSEMENT - An Assisting Utility may elect to assume or donate, in whole or in part, the costs associated with any loss, damage, expense or use of the personnel or other resources provided by the Assisting Utility. 4.7 EFFECT OF WITHDRAWAL FROM VA WARN MUTUAL AID AGREEMENT -Withdrawal by either Utility from the VA WARN Mutual Aid Agreement shall in no way affect the obligations of the Utilities under this Event Agreement, including but not limited to the Requesting Utility's obligation to reimburse the Assisting Utility for costs incurred pursuant to this Event Agreement. SECTION 5 -INSURANCE 5.1 WORKERS' COMPENSATION COVERAGE -Each Utility shall be responsible for its own actions and those of its employees and is responsible for complying with the Virginia Workers' Compensation Act. 5.2 AUTOMOBILE LIABILITY COVERAGE -Each Utility shall be responsible for its own actions and is responsible for complying with the Virginia motor - vehicle financial responsibility laws. Each Utility agrees to maintain automobile liability f coverage in the amount of at least $1,00,000 combined single limit and coverage for owned, non-owned, and hired vehicles, or maintain a comparable self insurance program. 5.3 GENERAL LIABILITY, PUBLIC OFFICIALS LIABILITY, AND LAW ENFORCEMENT LIABILITY - To the extent permitted by Iaw and without waiving sovereign immunity of governmental entities, each Utility shall be responsible for any and all claims, demands, suits, actions, damages, and causes for action related to or arising out of or in any way connected with its own actions and the actions of its personnel pursuant to this Agreement. Each Utility agrees to obtain general liability and, in the case of governmental entities, public official's liability and law enforcement liability insurance, if applicable, with minimum single limits of no less than one million dollars, or to maintain a comparable self insurance program. SECTION 6 -MISCELLANEOUS PROVISIONS 6.1 OTHER AGREEMENTS -The parties acknowledge and agree that either party may have entered into other mutual aid agreements, either with other Member Utilities or with third parties, which shall not be deemed to be amended, superseded or repealed by execution of this Agreement. This Agreement shall govern with respect to the Scope of Assistance set forth at Attachment A hereto. Nothing in this Agreement is intended to interfere with either party's ability to request or provide assistance under the Virginia Statewide Mutual Aid Program or the Emergency Management Assistance Compact. In the event of a declaration of an emergency or 4 ~~€1n1•~3 ~` - disaster, the parties may agree in writing to terminate this Event Agreement to enable an efficient response to be coordinated instead through the Statewide Mutual Aid Program and Emergency Management Assistance Compact, as appropriate. 6.2 INTERPRETATION -This Agreement shall be construed in accordance with and governed for all purposes by the laws of the Commonwealth of Virginia and shall be interpreted as if it were mutually drafted by the parties. 6.3 SEVERABILITY -Should any provision of this Agreement be held to be invalid, illegal or unenforceable by a court of competent jurisdiction, that fact shall not affect or invalidate any other provision, which shall remain in full force and effect. It is the intent of the parties to this Agreement, and the parties agree, that in lieu of any provision of this Agreement that is illegal, invalid or unenforceable, the parties in good faith shall supply as part of this Agreement a legal, valid and enforceable provision as similar to such illegal, invalid or unenforceable term or provision as may be possible. 6.4 ASSIGNMENT -This Agreement shall not be assigned or transferred by any party without the written consent of the other party hereto. 6.5 NO THIRD PARTY BENEFICIARIES -This Agreement is solely for the beneht of the parties hereto and their permitted successors and assignees and shall not confer any rights or benefits on any other person or entity. 6.b COUNTERPARTS -This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The parties further agree that a facsimile or scanned signature may substitute for and have the same legal effect as an original signature, and that any copy of this executed Agreement made by photocopy, facsimile, or scanner shall be considered an original. 6.7 AUTHORIZATION OF SIGNATURE - In the case of a locality, authority or district, the party represents and warrants that its execution of this Agreement is made by an individual authorized to do so by its governing body. In the case of a public service corporation, the party represents and warrants that its execution of this Agreement by the undersigned is duly authorized and validly performed. NOW, THEREFORE, in consideration of the covenants and obligations set forth in this Agreement, the parties have caused the execution of this Agreement. [SIGNATURE PAGE FOLLOWS] 5 ~~0~~~ IS~ ~ f~' E, 3 J, - fi" 4 ~,V`,, , ~~,~, 1749 ~ ~ µ.~~';, CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: December 15, 20~o Item Number: 8.C.2. Subject: Amendment to the Contract with Moseley Architects for the Design and Construction Administration Services for the Ettrick-Matoaca Library Renovation Project County Administrator's Comments: County Administrator: Board Action Requested: Authorize the County Administrator to with Moseley Architects in the amount construction administration service Renovation Project. Summary of Information: execute an amendment to the contract of $335,821 to perform the design and s for the Ettrick-Matoaca Library On June 24, 2009, Moseley Architects was awarded a contract for programming, design and construction administration by the Board of Supervisors for the renovation of the Ettrick-Matoaca Library, as the first step of a two-step procurement process. Moseley Architects had been unanimously selected through the RFP process to perform these services. At that time, the Board approved and funded the architect's fee of $32,617 for the programming only, with the understanding that the design and construction administration fee would be brought back to the Board as an amendment for approval at a later date. After a methodical series of planning activities, the programming phase is now complete and has provided a clear understanding of the scope of the renovations and, as noted in the June 24, 2009 item, has provided a firm basis for negotiating the design fee as indicated in this request. The programming study and scope development that have been completed Preparer: Rob Key Title: Director, Department of General Services Preparer: Allan M. Carmody Title: Director, Budget and Manage Attachments: ~ Yes ^ No ~`.20ED~5 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA included field investigations to reduce uncertainties prior to finalizing the design contract amount. This will minimize changes to the project scope thereby reducing the costs of the program changes during design. Ultimately, this detailed program will help keep the project on budget by ensuring that the scope of work is fully documented prior to launching the full design process. Staff recommends approval of this amendment for the development of detailed plans and specifications at the negotiated fee of $335,821. Budget staff confirms that funds are available in the current CIP for this design work. o~os~4s CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 2 { _ AGENDA ~,a j; Meeting Date: December 15, 2010 Item Number: 8.C.3. Subject: Set Public Hearing to Consider Adoption of an Ordinance Establishing a Special Assessment on the Property Within the Chippenham Place Community Development Authority (Cloverleaf Mall Site) Coun Administrator's Comments: County Administrator: Board Action Reques Set a public hearing for January 12, 2011 to consider adoption of an ordinance approving a special assessment on the property within the Chippenham Place Community Development Authority District. Summary of Information: On June 25, 2008, the Board of Supervisors created the Chippenham Place Community Development Authority (CDA for the purpose of providing financial support for the demolition of Cloverleaf Mall and construction of certain public infrastructure improvements on the redeveloped site through the sale of CDA revenue bonds. The Board of Supervisors' approval of the CDA also authorized the imposition of a special assessment on taxable parcels in the CDA district as additional security for the debt service payments on the proposed revenue bonds. The special assessment will serve as a back-up source of funding in case the primary source, revenue from incremental real estate and sales taxes generated on the site, is not sufficient to pay the CDA bond payments. Accordingly, the public hearing on January 12th is being scheduled in order for the Board to actually set the special assessment rate, which will be established and apportioned in accordance with the Rate and Method of Apportionment of Special Assessments. Preparers Thomas E. Jacobson Title: Director of Revitalization Attachments: ~ Yes ^ No # O(30~47 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Moreover, the "back-up" special assessment - which also serves as a lien against the taxable property within the CDA district - will increase the marketability of the proposed CDA bonds and help achieve the most favorable bond interest rate. The CDA is scheduled to issue its first bond during the first quarter of 2011. Qfl0~34~ ~~~~~ ~a~ s~~ .~' ~ ti, ~~ ; ~ ~i ~~ ;~ ~ -,~ r, ;~~~-~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: December 15, 2010 item Number: 8.C.4. Subject: State Road Acceptance County Administrator's Comments: County Administrator: Board Action Requested: Adoption of a resolution for referenced state road acceptance. Summary of Information: Clover Hill District: Old Creek west Section 11 Preparers Richard M McElfish Attachments: ^ Yes ~ No # 0~0~49 Title: Director, Environmental Engineering x "6b~` ,w: ~ ~ u ~.. ~;' 's ,. 3 $' 'nW' '~ ~ ~ ~ "M~ ~~`(+~ ~+,W, ~~i ,~~Y ~m.' % i % 2 4 Y~f~ ktw 4 4, tl'd/' Fb ~~ "'w~' 0 k 'MO` ,~ N it; ~~ t x x v n n '~ ~ Q ~ ~ ~ ~ f ~ ~~'M +ftM -> s~ ~ ~ ~ s u o w x.> F~ r, ~. c< x w.v rn n ~ ~ M ~ ,. :::. :::. ~ ~ u ' . 7 ~t ~f - S 5 's. ~„~v~' :. ~ s y ~.. .: .~. ~~ .a" r«~. y~ ( 3 {{ s t fi. /~ ~ k ~: ~4 ~ F4 fF ~f r. ~ ,, .N4 y fir r ~ °+ $~+ ' t ~ ~~ ~~K~ ,„ ,~~ ~ ~~ ~~ f ~ ' ~` .,., 4 . t .~: ~~. ~ ;, ~- ~. ,,. _, _ ,. ,, x ~ ,,~,~ .. `, ~ ' % .. ~,~ ~ ,. s i ," ~ ~ ` ,„, g ~ } ~ z ' ~ 4. ~ ~ ry. ,. ~ ~ ,:, ~ t `~ + ~ ~~.w. -..~ ~ ~' ~~ L ~, s ~ ~ ~_ . . , m. ? { ~ ~ s x ,..w g E ,. "~ £{I t ~ ~ ~ ~ ~ f w~~ ~ ~ ~ "" a , ~ <, 4 ~ ~ ~' ¢ F ,. ~ ~~ .. ~. .. ..~r a+!! x ~ i ~ ~ '. ., ~ r ..,~ ' t , :~y ~.,, i ~°~ ,°~ ~~` a a~ ~ # ~, ~ ~v1 yr~,`rr« `tlrr. ~'~1949 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: December 15, 2010 Item Number: 8.C.5.a. Subject: Acceptance of Parcels of Land from Wilton Family Investments, LLC County Administrator's Comments: County Administrator: Board Action Requested` Accept the conveyance of three parcels of land containing a total of 6.80 acres from Wilton Family Investments, LLC, and authorize the County Administrator to execute the deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of three parcels of land containing a total of 6.80 acres. This dedication is a requirement for the development of Iron Mill Subdivision. Approval is recommended. District: Bermuda Preparers John UV. Harmon Attachments: ^ Yes ~ No # o~~~~~. Title: Real Property Manager ~. ^N ~ ~ ~ ~, ~ ~~ _ ~ ~~ ~~~~~ ~ ~ . ~~ ~ ~~~~~~~ag~~~~~~ ~~°~~$ t~~m~~ 4 ~~ ~ ~^ \ ~~ ~ ~~ ~ ~ n~ 1`~~~ ~ ~ ~ ~~ '~ ~~ ~ ~ ~` ~~ a b ~ ~ ~aa ~ ~ ~n~~o .~,~,~ '~~'oa~ its °~ ~£~ ;€ ~ ~~~ ~~ ~~ ~ ~ ~ 1 1. I 1;; 1 1: ! ; ~. 1 1 '~ ! I. 1 1. 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Q ~ ~ ~ ~ '~ C ~ , I ~ yoG~ ~~rl~,ch ` ~ // v i, ~ ~. w ~ ~ ~ A ~~ 1~ / , ~ R w ~ /~ ., ~ J 4S ~~ /~ 1N~t ~ n ~ O 0 ~~ ~ ~ ~ ~ ._ ~~ ` ~ i .~~ ' c FI 'P~«I~ 'fi -4-06~U1 OIDZ/IO/Z~ '~xP"lYPl6d'HOIJ,t'J1n8Q"riN-8C$O/ADE~BLN'dABb'Y~~~'~A~9C30L003~tOnd~9( ~~~ !~ ~ r 1, t ~~1 1749 ,: ,~`IR~j~i1As> CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: December 15, 2010 Item Number: 8.C.5.b. Subject: Acceptance of a Parcel of Land Adjacent to Watkins Centre Parkway from Bon Secours-Richmond Health System County Administrator's Comments: County Administrator: Board Action Requeste~'d~ Accept the conveyance of a parcel of land containing 0.841 acres adjacent to Watkins Centre Parkway from Bon Secours-Richmond Health System, 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 0.841 acres adjacent to Watkins Centre Parkway (Parcel A on attached plat) from Bon Secours-Richmond Health System. This dedication is for improvements in conjunction with the development of Bon Secours Watkins Centre Medical Office Park-Phase 1. Approval is recommended. District: Midlothian Preparers John_W. 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COBPOMT[ OFFICE M M 0 1001 Boulders Parkway, Suite ?00 I Richmond, VA 11125 • • • TCL 809.100.6500 FAX 801.560.1010 www.limmons.com Site Development ~ Residential ~ Infrastructure ~ Technology o~c~ ~~~ ,,~~~~ K N r " ~ •; ,,via 4ti'V ~ s ~~ ~.` 1719 ~° ~ItCtK~'~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: December 15, 2010 Item Number: 8.C.5.c. Subject: Acceptance of a Parcel of Land Adjacent to Watkins Centre Parkway from Watkins Land, L.L.C. County Administrator's Comments: County Administrator: Board Action Requeste Accept the conveyance of a parcel of land containing 0.839 acres adjacent to Watkins Centre Parkway from Watkins Land, L.L.C., and authorize the County Administrator to execute the deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of a parcel of land containing 0.839 acres adjacent to Watkins Centre Parkway (Parcel B on attached plat) from Watkins Land, L.L.C. This dedication is for improvements in conjunction with the development of Bon Secours Watkins Centre Medical Office Park-Phase 1. Approval is recommended. District: Midlothian Preparers John W. 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VA 13235 T[L804.300.6500 FA)l801.560.f016 www.Gmmons.cam Site Development ~ Residential ~ Infrastructure ~ Technology l3:Dd~k53 CHESTERFIELD COUNTY i ~i~ BOARD OF SUPERVISORS Page 1 of 1 ~~„ ' AGENDA Meeting Date: December 15, 2010 Item Number: 8.C.6. Subject: Approval of the Purchase and Dedication of Land for the Expansion of the John J. Radcliffe Appomattox River Conservation Area Coun Administrator's Com e County Administrator: Board Action Requested: Approve the purchase of parcels of land containing 11 acres, more or less, and accept the dedication of 5.6 acres, more or less, from John J. Radcliffe and Peggy B. Radcliffe and James Ownley and Hope B. Ownley; approve the purchase of 0.4 acres, more or less, from John J. Radcliffe and Peggy B. Radcliffe; and authorize the County Administrator to execute the contracts and deeds. Summary of Information: Staff requests that the Board of Supervisors approve the purchase of two parcels of land from John J. Radcliffe and Peggy B. Radcliffe and James Ownley and Hope B. Ownley containing 11.3 acres, more or less, shown as Parcels "A" and "B" for $175,000.00, and one parcel of land from John J. Radcliffe and Peggy B. Radcliffe containing 0.40 acres, more or less, shown as Parcel "E", for $8,200.00, plus closing costs which are estimated to be $12,000.00. The Radcliffes and Ownleys will also be dedicating an additional 5.6 acres, more or less, shown as Parcels "C1", "C2", "D1" and "D2". The purchase price was determined by an independent appraisal of the property. The appraised value of the donated parcels is $89,000.00. The John J. Radcliffe Appomattox River Conservation Area includes over a mile of undisturbed riverfront property. These adjacent properties will allow for a one mile loop trail with elevated views overlooking the conservation area and river. Sufficient funding is available in the Parks and Recreation CIP. Approval is recommended. District: Preparers Title: Matoaca John W. Harmon Real Property Manager Attachments: ^ Yes Preparers Allan M. Carmody Title: Director of Budget and Management No # O~Q376i1 %~'. ii' i$'. ~'. j' { f ~': FtF: t' r,. ~'. ~. F.~ CHESTERFIELD COUNTY ~ BOARD OF SUPERVISORS Page 1 of 1 ~` AGENDA ,v, Meeting Date: December 15, 2010 Item Number: s.C.7. Subject: Subordination Agreement with Columbia Gas and the Virginia Department of Transportation County Administrator's Comments: County Administrator: Board Action Request Authorize the County Administrator to execute subordination agreements with Columbia Gas and VDOT, in substantially the form attached and acceptable to the County Attorney, for state acceptance of roads with gas line encroachments. Summary of Information: Columbia Gas and VDOT have negotiated a allow gas lines to remain in roads to be state highways. The county is a party to way is dedicated to the county. subordination agreement that will accepted in the secondary system of the agreement because the right of Approval is recommended. Preparers John W. Harmon Title: Real Property M= er Attachments: ^ Yes ~ No #0:3063 Subordination of Rlahb AQ~reement THIS AGREEMENT, is made and entered into by and betweea Columbia Gas Transmission, LLC, a Virginia corporation {hereinafter "GRANTOR"), and the County of Chesterfield, Virginia and the Commonwealth of Virginia, Department of Transportation (each hereinafter a "GRANTEE" and collectively "GRANTEES'; WITNESSETH: WHEREAS, the GRANTOR has permitted a motor vehicle road and road right of way, inclusive of other ancillary public use facilities (sidewalks, etc.), all hereinafter called "roadway," to cross and coexist with a right of way easement GRANTOR holds for constructing, maintaining, operating, altering, repairing, inspecting, protecting, removing, and replacing certain natural gas or petrochemical transmission line(s) or distribution line(s), or both, that it operates; and WHEREAS, the GRANTOR and GRANTEES mutually recognize the needs of the other, their respective robs, and find it desirable to cooperate in the shared use of the land in a manner that ensures the rights of the GRANTOR and the travelling public are adequately protected and public safety is assured; NOW THEREFORE, for and inconsideration of the sum of one dollar ($1.00},cash in hand paid, receipt of which is hereby acknowledged, and subject to the forms, conditions and reservations set forth hereiaafter, the GRANTOR, hereby agrees that it's rights shall be subordinate to the surface transportation rights of the citizens of the Commonwealth ~to use the roadway, represented by the GRANTEE or such other public road officials as may have jurisdictional authority over the public roadway to the extent the public roadway co-exists with the GRANTOR'S easement, defined as that part of its easement crossing or encroaching within the right of way for ,located approximately miles from its intersection with the nearest existing state road { Route ,and situated in ~ District, Chesterfield County, Virginia. Subject to the terms and conditions hereof, the GRANTOR reserves unto itself, its successors, and assigns all of the rights and privileges established under its easement, granted the 30~ day of 3uly , 1956 and recorded in the Clerk's Office, Circuit Court, Chesterfield County, Virginia in Deed Book 505 at pages 141-142 and 321-328 (the "Easement"). The subordination herein granted shall, become effective at such time as GRANTEES have executed this document and the Virginia Department of Transportation has issued a remain in place Land Use Permit to the GRANTOR for its facilities, it being mutually agreed that the issuance thereof shall be subject to the following provisions and conditions which shall be deemed incorporated therein and which shall be covenants running with the land under the terms of this instrument: 1. The GRANTOR'S facilities within the area defined above may continue to occupy the roadway in their existing condition and location, free of charge. 2. The GRANTOR hereby agrees: a. To notify the Department or entity having jurisdiction over the roadway of its work events prior to their initiation, except as may be required under emergency situations, and to obtain appropriate prior authorization (e.g., a VDOT issued Land Use Permit) addressing the work to be performed within the public transportation right of way authorized by a VDOT issued Land Use Permit or such other permission or document required by an entity other than the Department having jurisdiction over said roadway and, in the event of emergency situations, to obtain said authorization as soon as possible. o~o~~s~ b, That GRANTOR shall at all times indemnify end save harmless the Commonwealth of Virginia, Department of Transportation, its employees, agents, and officers {or the same representing such other entity having jurisdiction over the roadway) from any responsibility, damage or liability whatsoever arising from GRANTOR'S maintenance and construction of its facilities within the roadway. 3. In the event that either GRANTEE requests relocation, alteration or modification ~of GRANTOR'S facilities within the roadway, such GRANTEE shall bear the total nonbetterment cost of such relocation, alteration or modification; and each GRANTEE specifically waives any right or provision to the contrary contained in the standard form utility permit or otherwise. For purposes of this agreement, "total nonbetterment costs" is defined as the total cost of relocating, altering or modifying facilities with capacity and maximum pressure design characteristics comparable to those design characteristics of the facilities existing at the time of this agreement" In the event a GRANTEE requires such relocation, alteration and/or modification and GRANTOR wishes to replace the facilities at that time with upgraded facilities of greater design characteristics, GRANTOR shall pay such incremental costs as are attributable to the upgrade of facilities. 4. The GRANTEE, or a subsequent governmental entity having jurisdiction over the roadway, is to have and hold the roadway property described herein with the benefit of the subordination herein granted for so long as said property is maintained and used as a public street or highway open to the travelling public, but upon abandonment of said roadway, all rights,, privileges, interests and easements of GRANTOR in and to the roadway property established under the aforesaid Easement recorded in the Clerk's Office of the Circuit Court shall revert and restore to the GRANTOR, its successors and assigns, free from such subordination of GRANTOR's rights and the subordination herein granted shall automatically terminate and become null and void without the necessity'of any further action or writing; and, in such event, GRANTEES shall, upon being requested in writing to do so by GRANTOR, its successors and assigns, and upon necessary approvals, execute and deliver to GRANTOR, free of charge, an appropriate document, in suitable form for recording in the aforesaid Clerk's Office, which confirms the termination, surrender and release of the subordination herein granted. 5. In the event of a conflict or inconsistency between the terms and conditions of this instrument and those contained in any permit, authorization or other document issued or executed by the parties hereto, their successors and assigns, with respect to GRANTOR'S facilities located in the roadway or work thereon, the terms and conditions of this instrument shall govern. G. This instrument shall be binding upon and accrue to the benefit of the GRANTOR and the GRANTEES, and each of their respective successors and assigns. IN WITNESS WI~REOF, the GRANTOR causes its name to be assigned hereto by its appropriate office, all after duo authorization, to become affective as of the date accepted and signed by duly authorized officers of the local government and the Department. GRANTOR: Columbia Gas Transmission, LLC By: Sherry Parks-Downey Date 2 oflf1~F5 COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF , to wit: (Name) _ ,acknowledged the foregoing instrument before me this day of . NOTARY PUBLIC My commission expires: GRANTEES: Chesterfield County, Virginia ACCEPTED (Name and Title of Authorized Local Government Official} ACCEPTED (VDOT Commissioner, Maintenance Division Administrator, or Authorized Official) Date Date COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF , to wit: (Name) ,acknowledged the foregoing instrument before me this ____~, day of . NOTARY PUBLIC My commission expires: Notary registration number Notary registration number COMMONWEALTH OF VIRGINIA, CITYICOUNTY OF ~ to wit: (Name) ,acknowledged the foregoing instrument before me this ~ day of . NOTARY PUBLIC My commission expires: Notary registration number 3 0~0~1f6 CHESTERFIELD COUNTY ~3 BOARD OF SUPERVISORS Page 1 of 1 ~` AGENDA Meeting Date: December 15, 2010 Item Number: 8.C.s.a. Subject: Request Permission for aTwenty-Foot Emergency Access Road, Gate and Fence to Encroach Within a County Right of Way Known as Dover Street Within Home Acres County Administrator's Comments: County Administrator: Board Action Reques ' Grant Enon, LLC, permission fora 20' emergency access road, gate and fence to encroach within a county right of way known as Dover Street within Home Acres, subject to the execution of a license agreement. Summary of Information: On November 17, 2010, the Board approved a license for an emergency access road and gate to encroach within a county right of way known as Dover Street within Home Acres for the development of Enon Station, Section 1. The plan was revised to include a fence adjacent to a portion of the emergency access road. This request has been reviewed by county staff, and Comcast Cablevision. Approval is recommended. District: Bermuda Preparers John VU. Harmon Title: Real Property Manager Attachments: ^ Yes ~ No ~ J ~ + , ' ~ ~~ , ~ ,~ , ~ G ~ ~ + \ +,,, , ~ r ' ~ ' + ~ iTEMPORARY ~ULVERT ' ~ + ~ 1 ~ i \ i ~ / ~ ! ~ ~INV.IN=75.6 ~ ~,~~1 + ~ ~~ INV. OUT=75.4 i ~ ' ~ -~'-•_~~~ ~ / / ~ ~ ~ ~ BACKWATER=76.7 , ~ ~ i ~ ; r ~ ~~ ' ~ ~ S MES F & M DIANA / i ' ~ ~ ~ ~ ~ ~ PIN: 8276481857 ~ ' ~ ~,'~ ~ ZO~NNG: R7 / ~ ~ / ~ ~ ,~ / ~~ JAMES F & M <~IANA + GPIN. 827fi48254~ ~ / ~ / (; ZONING; R7 n: r / T ~ ~ !'1- l'' ~ ~' ~ , + HAYES JAMES F & M DIANA ~~ GPIN: 8276482059 ~ti~ / ~~ ~ ~ ZONING: R7 `~~ / .., ~ / ~ r• ~+IAY JAIL fs & M ~ DI~A / ,•' ~ ~, `' 20' EMERGENCY GPIN; 827fi482941 ~ ~ / ~ 4 / / ~ ACCESS ROAD E ZONING. R7 ~ , 1 ~ ~'~ ~ DETAIL & PROFILE ,~ i ~,•' ~~ . ~. °SHEET 12A~ •~ / ~,, ., ©/ ~` M ~, ~,• •~~' `~ l+ • .rot:' / ,.~ i~ LICENSED AREAS • ~ ; \~ ~ / \ 1 / ~ \ ~+•' / ti ~ / 1 ~ ~ / ~ ~~ i _ --. / / `,~6, / ~ HAYES JAMES F &{ ,~ ~~ ~ ~ / / ~ 4 GPIN: 827648, Q Q ,~ ,,~ / ~ / ~ Z0~111~G: R' / ~ ~ ~ ; ~ 3 VINYL FEN R © ~ ~ ~~ \ ` APPROVED EQU l ,~ % ~ ~, \ ~f L EMERGENCY AC~~$S ~ ~, .-• " ~ / ~ ~~'~ ~ ~ ~ \ GATE SEE DETAI C~} ' , \ ~ `i ~ '"" ~ \ ~ HEET 128 ~j MPSON HARLES L ~INELI~FS~fp \ ~ , l~ IN; ~7fi481 17 Q v+ ~o ~ . \ \ 60 ~~ " ~ ~ `. \ ~ ~~ ~ / ~ ' ~.,~ .~`` ~ '~~~ /~~~`\ / ; ~\ r\ ; ~ // 'fir _ ~`~ ~ TH PS~, ,6MARLES AN ELIESE ~ 1 \ ~ /~~~ ~' ~ ~ `~ `~'_'' •' '' ZONING: ~7 + r .~ / / 1 ~ + ~ ~ / ` ~ + ~ + ~~ O CHESTERFIELD COUNTY p BOARD OF SUPERVISORS Page 1 of 1 `~;; % AGENDA Meeting Date: December 15, 2010 Item Number: 8.C.8.b. Subject: Request Permission for a Proposed Gravel Driveway to Encroach Within a Thirty-Foot Unimproved County Right of Way off of West Hundred Road County Administrator's Comments: County Administrator: Board Action Request~et': Grant Troy T. Evans permission for a proposed gravel driveway to encroach within a 30' unimproved county right of way off of West Hundred Road, subject to the execution of a license agreement. Summary of Information: Troy T. Evans has requested permission for a proposed gravel driveway to encroach within 30' unimproved county right of way off of West Hundred Road as shown on the attached sketch to access property at 5131 West Hundred Road. This request has been reviewed by county staff and Comcast Cablevision. Approval is recommended. District: Bermuda Preparers John W. Harmon Title: Real Propert Manager Attachments: ^ Yes ~ No o~UCI'7~ .,~ -J H .. ~ _: `' .: ~ ~ ,~ '~ <. is ~ ~ ,~. ~^ ti,--rr h.. x ~ ;. ~`;. s:: ~~ 0 4' Q ~ ~ ~~02w1:~~. ~ ~ ~e C~ g o"W[0g2o~~ O Z r`1~' J O a yRy~~~~~~yQ "''~^^ ~ W Q O 1 Qt~O ~ $~j~ e(90(~O~I~4 v, 0 ~ Z O ONO , J~ ~_ ~~4 ~Q $~~e~oNZ~?m2~~ ~~ ~ ~ h Z~p~CNp ~V ~e = N 2N ~~~~W~ N N°,~~W 24 ~ ~ O ~ ~ Q 2~~ew ~.t ~, a~ ~~ V w Z ~ ~ ~ Wm J ~W~O ~~ ~ ~ ~ J ~ ~p~0~ 2 O Q o0e ~ ~~o. ~0 ~ ~ m ('~ v m~ ~ o 2 ~3 2~4 4 ~Z~N mm ~ ~ O ~ 4 i ~~~ o ~~ ~~;hQ W 2 0~ b `~ 5 Q U `` ~ ~ ~ Ob~~ ~ 0 J 4 ~ ~ v, ~ 0 ' O '~J~7d w c$ u 2 ~ Z ~ N ° c°w~ ° "~ J~~W i o~ .pQ ,.,• wq~wp4 $°$~ ~0 `~m~r' v Ory~" Q(f~NjA ~~ ~ a'~e~°g ~.aow~o ~~~o O~ OW~O ~ ~ Jo p $ n q u S~w~~ a~~ uv. ~a~ v,~i~~i ~ 2~2 d °N~~ 4 3° ~ Eck, ~ z ~ 3 ~ C e ~ ~ ~ -0''~ S ° c o o ° lip ~ D ~ p p ~ ~ ~ p~0v E O~w h ° 0 ° C ~~ 0 ~ ~k ~w WW~ ~ ~ J L;i ~ ~ ~~~ ~ ° ~~.ES'~S JO~~ooEy ~4 w v, q,4~ ~o~'$~ gwc-0E r 3am° ° r'C.~1Nq ~~~c~e1e ~4a.°C~C~w q0~i C ,,CC ~ CS~i« :¢ $t ~ ° ~ ocf0~ uw~~0, C'O~~jUCEo ~a~~ m ~ C gCmO ~~~$3~ -0~ 0~0 4wvC y ~ ° V app E u ~ q ~ ~ ~ ~ ~ w p ~0~ S ~q C L 'Q u °~ q ~oS~ app o~$~~~~ s~~~`63\ ~ o,~~ a, ~ ~ W ,~ ~' ~~$~ ~ ,Cp~q .. -0~ qJU {y(~p~'`~.,,°'C li ~' C~ Q t ~ 0 ~ OpaO 30~,~~ J wCC~~'~~V;~ Z ~.pp~a~~ Q' a°~E w ~` O 2~2 OuN~ ~ ~ v ~ C~yy V ~4 ~ Cwop q E O ]~ ~ ~,q p Ot Oi C d ~ ~ ~ww O wq C ~~~ O~ ° C~ 4 w S C ~ ~ '~ 3~ pC ~w p CO4~ ~,S ~ (~`~a*-0iC4 ~'U~V~ w1 'y F ~ C ~~~ ~ ~m~~~ q W $~cu,°~~~ O ~.°c's`o~S O ~~'-0u b o ~ ~ ~. ~pO~C a l~ ~ v 4~~~oua m $oc~ u~ m m~~~ o v°, a ~'4di~ m W ~~~~~ ~ p e~a~'o'~o ~,C$'~~a~~o ~~,a'$cw ~ ~ g C u`~ ,~00~~ t q~l~`., ~ ~°~Y44E ~~~~~C~ ~ ~q~'~ j 0 q ~ C mCq~4 'S ~ u~o~$ C S ~~`''aoow ~ oaoo',°Y~ ~~~oac, ~ 4 ~ r ~'.°¢ -0yuc~2 ~ ~WD6~ ~ Q ~.C~~~~p ~ ~044~w~ ~ ~00'~ C p 3 ~ ~ ~UCD'~u i ~" \ I U ~ -0ogm e0 \ 0 ~ J ~`"-0"qC ~~p~ ~ e ~ ~ °~ q~ "~ 2 ~,~ -0°;Dv i ~a ~ eN~ ~ ~ °`" I ~ ~o~o-0 Cw, I ~~ I p0 ~ S r `0 N ~ ~~ ~ O y O 020 r ~ ~ ~°' o Q'O 2S ! ~2 00 I 31 ~ ec~ y ~~4 W~~~ ! Z~ ~ %~ 4~~~0 I ~ ~ ~`~~V I ~ ~ ~ ~ S 3077'36" E 46322' ~ ~ °' ` ` a-0E tg ~ 0 331.55' 131.67' ~ w ~ c° ~ `~ ~ -0 I mn~m s ~pmm W ~ r`04 0230 ~ ~ ^~ Z ~a0 3 22 Oi~ WQ W ~ ~ ~6 J ~ ~ ' C~ 4 N ~ W V W?~~42 obi ~ ~~, l ---------_._.._._.__._N ~ ~ Q ~ 2 ~ a ° ~ ~ ~ ~y 1 2 '~ o O ~~m"y N y ~~d h ~ h~m~ $~ N ~ Boa ~ ~ e ~bo ~W2~ O^ ~ h NW~ eN~oaW `"~ ~ cf~ o ; ~ ~ ~ h N ~ ~ N 307736 W 322.57 N ~ ~ V m ~ ~ ~ 4 2 ~~,~ ~b0 Qao~ ~ ~,~' ~ { ~ 62 ~n C~'Q~ ~,~N"v'i s ~b~ n= ~ 1T ~ ~ O M ~ !t w ~ej N t~ e Q ~"OW N I~ tS~ D C5 1 w ~ o~~Q ~ ~~ ~ Omm~~ •O~! 1, ~W ~ A ~JQ ") w W O ~2~OQ. 1 _~~ ~ S m OW 6 ~.~~ oo Z ~ M o ~stF' ,° N ~nro ~ ~ ~Nro ~'~9~N 2~ ~ W' n ~ jam ~~ N ~ v~" 1~Za 3 ~~ ~~ ~N~ s 2 ~ Ov ~~ o ,~ a ! ~ a~~ ~c iW oh ~ -Qe~h~ W~ ~~~~ / ~ 03~°j ~~ Wad W3 ` ~~WQQ hV Qd~~ ' ~ ~ e~7ai NQ: N ~ O~ .. 1 Z /~ o ~ . ~m ~ o m22 ~' ~ ~ _ / ivW,o I ~ r ~ N h ~ Q m 2 Q I JJN y I, V Z W d N 0 2 Z o~ao7~~ ~, ~ ,~_ ~~ {~ ` ~ ¢jr CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: December 15, 2010 Item Number: 8.C.8.c. Subject: Request for Permission to Place a Portable Building at the Chesterfield County Fairgrounds County Administrator's Comments: County Administrator: Board Action Reque~te~d: The Board of Supervisors is requested to consider granting permission to the Virginia Folk Music Association (VFMA) to place a portable building at the Chesterfield County Fairgrounds, subject to the execution of a license agreement. Summary of Information: The Virginia Folk Music Association would like to place a wood framed building and decking (with no permanent foundation) for the purpose of displaying exhibits to the public, and to conduct Virginia Folk Music Association meetings at the Chesterfield County Fairgrounds. The building would be open for patrons of the Fair and the VFMA Festival to view the displays. The Fair Association is in agreement with the use and placement of the building. The Parks and Recreation Department has an on-going relationship with the VFMA. The VFMA regularly rents the Fairgrounds Exhibition Hall for folk music events, and this portable building will facilitate and enhance the programs for those rentals. They provide entertainment for several programs and events throughout the County. The VFMA will bear all installation and maintenance costs of the building. VFMA will be required to execute a License Agreement which may be terminated by the county on 30 days notice. Staff recommends approval. Preparers Michael S. Golden Title: Director, Parks and Recreation Attachments: ~ Yes ^ No 0~0~-'73 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 ~~~f AGENDA Meeting Date: December 15, 2010 Item Number: 8.C.9. Subject: Construction of Henricus Park Parking Lot Improvements Coun Administrator's Co ments: County Administrator: Board Action Requeste Appropriate $250,000 in Henricus Foundation funds and transfer $250,000 among projects in the previously approved Parks and Recreation CIP for the construction of the parking lot improvements at Henricus Historical Park. In addition, the Board is requested to award a construction contract to G. L. Pruett, Inc. in the amount of $249,600.00 and authorize the County Administrator to execute the contract for construction of the parking improvements. Summary of Information: This project will construct much needed additional parking and a school bus drop-off area, and will renovate the existing twenty-year old parking lot serving Henricus Park and Dutch Gap Conservation Area. The expanded and renovated parking will greatly assist in the planned programs and events of the Henricus 400th Anniversary celebration in 2010 and 2011 and allow for the increased public use of the Dutch Gap Conservation Area. The Henricus Foundation has provided 50 percent of the funds for this project. The county portion is being provided as follows: $190,000 from the Parks' previously approved Henricus project, which included the parking project, and $60,000 from the General Park Improvements project. The G.L. Pruett construction contract is for $249,600 and the full cost of the project is estimated at $500,000, which includes engineering services, utility relocation, bidding, contingency for unforeseen site conditions and other general improvements to this area of Henricus Park. The project will be managed by the County via the agreement with the Henricus Foundation that requires administration and public procurement of capital projects in excess of $100,000. There are sufficient funds to transfer without impacting planned improvements. Preparer: Michael S. Golden Title: Director of Parks and Recreation Yes Attachments: Preparer: Allan M. Carmody Title: Director of Budget and Management ;~ ~ _ .5f I r, __ k; `AyV~~ 'R~ ~f i~I' CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: December 15, 2010 Item Number: 8.C.10. Subject: Amendments to School Fund Appropriations County Administrator's Comments: County Administrator: Board Action Request Consider FY2011 adjustments as follows: a. increase the Instruction appropriation in the School Grants fund for two new grants and an increase in the actual award for the Title I grant. The total amount of the request is net of a decrease for the IDEA grant as explained below. b. increase the Transportation appropriation for the IDEA grant in the School Grants fund to accommodate the purchase of Special Education buses. c. increase the appropriation for the Appomattox Regional Governor's School (ARCS) from ARGS' existing fund balance. Summary of Information: Each year, the School Board receives notification of actual grant awards that may differ from the budget amount and/or awards for grants applied for outside the budget process. Preparers Marcus J. Newsome, Ed.D. Attachments: ^ Yes ^ No Title: Superintendent CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA For FY2011, Meadowbrook has been awarded a multi-year federal grant to support the school's effort to increase the number of students enrolling and succeeding in Advanced Placement (AP) and International Baccalaureate (IB) courses, boost the number of students achieving Advanced Proficient ratings on SOL tests, expand workplace exposure opportunities for students, and increase the number of Meadowbrook students enrolling in college upon graduation. To do so, the grant provides funding for expanded on- and off-site professional development training for school staff, additional student preparation opportunities (such as PSAT practice tests), various supplies and equipment, and some staffing support (non-contractual, part-time staff such as tutors, career counselors, and funding for substitutes that will allow teachers to participate in career development opportunities - additions that will not increase the schools' FTE count). The request in this item is to appropriate the first year ($446,175) of a two-year initial award, though this grant could potentially have five years of funding. CCPS has also received notification of an award for the Race to GED grant ($59,390) which will provide GED course instruction for adults seeking to earn a GED as well as testing fee services. In addition, the actual award for Title I has been received at a substantial increase ($264,958.60} over the budgeted amount. Lastly, there is a request to transfer funds from the IDEA grant's Instruction appropriation category ($-125,000) to its Transportation appropriation category (+$125,000) for the purchase of school buses for special education students. Finally, a $13,000 appropriation is requested for the Appomattox Regional Governor's School in order to repair and refinish a gym floor. Funding for this request would be furnished via ARGS' existing fund balance. A summary of the requested adjustments is outlined below: Increase Instruction in the school grants fund Increase Transportation in the school grants fund Increase the ARCS appropriation category $645,523.60 $125,000.00 $ 13,000.00 Qf?~F'JiVi Attachment Attachment A VIRGINIA: At a regular meeting of the Chesterfield County School Board held Tuesday evening, December 14, 2010, at seven o'clock in the Public Meeting Room of the Chesterfield County Courthouse Complex PRESENT: David S. Wyman, Chair Marshall Trammell, Vice-Chair Patricia M. Carpenter Dianne E. Pettitt U. Omarh Rajah RESOLUTION WHEREAS, Chesterfield County Public Schools has received new andlor increased grant awards for the current school year; specifically amulti-year federal grant for Meadowbrook High School, a GED grant, and a substantial increase in the Title I grant that require appropriation; and WHEREAS, there is a need for an appropriation change within the IDEA grant to accommodate the purchase of buses for special education students; and WHEREAS, there is a need to increase the appropriation for the Appomattox Regional Governor's School to fund repairs to the gym floor; NOW, THEREFORE, BE IT RESOLVED, that on motion of ,seconded by ,the School Board hereby requests the Board of Supervisors to (1) increase the instruction appropriation category by $645,523.60; 2) increase the transportation appropriation category by $125,000; and (3) increase the appropriation to the Appomattox Regional Governor's School by $13,000. Carol Timpano, Clerk Marcus J. Newsome, Superintendent ~~~~ ~'~°o m ~ ~~ ~~~ 1749 'f~ ~~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: December 15, 2010 Item Number: 9.A. Sub'ect: Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds, and Lease Purchases County Administrator's Comments: County Administrator: Board Action Requested: Acceptance of attached report. Summary of Information: Preparers James J. L. Stegmaier Title: County Administrator Attachments: ^ Yes ^ No #~~t~~ CHESTERFIELD COUNTY GENERAL FUND BALANCE December 15, 2010 Board Meeting Date Description Amount Balance 07/01/10 FY2011 Beginning Budgeted Balance - $53,495,000 ~~~~~~ CHESTERFIELD COUNTY RESERVE FOR FUTURE CAPITAL PROJECTS December 15, 2010 Board Meeting Date Description Amount Balance FOR FISCAL YEAR 2010 BEGINNING JULY 1, 2009 4/15/2009 FY2010 Budgeted Addition $14,021,400 $19,632,088 4/15/2009 FY2010 Capital Projects (14,021,400) 5,610,688 4/14/2010 Substitute funding for Circuit/General District Courthouse (832,500) 4,778,188 expansion. FOR FISCAL YEAR 2011 BEGINNING JULY 1, 2010 FOR FISCAL YEAR 20 11 BEGINNING JULY 1, 2010 4/15/2010 FY2011 Budget Addition 13,169,200 17,947,388 4/15/2010 FY2011 Capital Projects (12,962,600) 4,984,788 5/26/2010 FY2011 Part of Sports Quest funding (206,600) 4,778,188 8/25/2010 Replacement generator for the IST building (290,400) 4,487,788 8125/2010 Replacement funding to complete projects at Clover Hill (340,000) 4,147,788 Sports Complex 11/17/2010 Renovations and Additions to the Manchester Volunteer (120,000) 4,027,788 Rescue Squad (MVRS) Project ~4~t~t8~ Q z ~w ~~"o Ow" V~r°v QWvi ~ ~ " w0~ "~~ ~~ E W ~ °~ ~ ~ V v~NA W ~ xa V ~, A ~ '~ .~ ~ ~ ~ QI a' ~', ~ ~' V 'd ~ Vii, ~ 0 ~ ~ I C ~ 0 b ~ ~ bD ~ ~ " N "~ '~ ~ ~ ~~ Q ~~ ~~ w ~ ~~~~ c ,o N ~ ""' w a 0 a a. ~~ ~~ ~ ~ ~ ~ ~ ~. ~0 ~ a V! .~ A ~0 `0 O ~ ~0 ~ ~ M 00 M M ~ 00 ~1 00 00 l~ M M M M N M M M M ~ ~ ~ i ~ i i i 00 V'1 O NFl~ ~ ~ ~ ~ ~ M M M M M i 00 00 00 00 00 M M M M M M M M M M b9 a~ ;~ ~ ~ x ~ . o ~ o ~ ~ ~ o ~4 U A ~ ~ V 030?~~ Prepared by Accounting Department November 30, 2010 SCHEDULE OF CAPITALIZED LEASE PURCHASES APPROVED AND EXECUTED Date Original Date Began Description Amount Ends 04/99 Public Facility Lease -Juvenile Courts Project $16,100,000 O 1/20 (Refinanced 10/10) O 1 /0 l Certificates ofParticipation - BuildingConstruction, Expansion and Renovation; Acquisition/Installation of Systems 03103 Certificates ofParticipation -Building Construction, Expansion and Renovation 03/04 Certificates ofParticipation -Building Construction, Expansion and Renovation; Acquisition/Installation of Systems 10/04 Cloverleaf Mall Redevelopment Project 12/04 Energy Improvements at County Facilities 12/04 Energy Improvements at School Facilities 05/05 Certificates of Participation -Building Acquisition, Construction, Installation, Furnishing and Equipping; Acquisition/Installation of Systems 05/06 Certificates of Participation -Building Acquisition, Construction, Installation, Furnishing and Equipping; Acquisition/Installation of Systems 08107 Certificates ofParticipation -Building Expansion/Renovation, Equipment Acquisition TOTAL APPROVED AND EXECUTED PENDING EXECUTION Description None Outstanding Ralanr.P $7,185,000 13,725,000 11/21 6,170,000 6,100,000 11/23 3,860,000 21,970,000 l 1124 15,130,000 16,596,199 10/10 16,596,199 1,519,567 12/17 1,078,748 427,633 12/10 46,139 14,495,000 11/24 9,350,000 11,960,000 11/24 7,945,000 22,220,000 11/27 18,710,000 12 113 399 86 071086 Approved Amount Qfl0~82 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: December 15, 2010 Item Number: 9.6.1. Subject: Report of Planning Commission Substantial Accord Determination for T-Mobile Northeast LLC (Case 11PD0120) to Permit a Communications Tower in a Residential (R-9) District County Administrator's Comments: County Administrator: Board Action Repuest On November 16, 2010, the Planning Commission determined that the proposed communications tower is in substantial accord with the Comprehensive Plan, as per attached (Case 11PD0120). (AYES: Brown, Hassen, Bass, Gulley and Waller.) Staff recommends no action. Summary of Information: State law provides that the Board may overrule the Planning Commission's determination or refer the matter back to the Planning Commission for an additional public hearing and decision. If the Board takes no action, the substantial accord determination will become final. Preparers Kirkland A. Turner Attachments: ^ Yes ~ No L~ ~ Title: Director of Planning CASE MANAGER: Robert Clay ,~ i~ 5' ~~ (` H ~~~ ~«~:'~' AT.,~,am~ar 1 ~ 7l11 !1 f'D('' December 15, 2010 BS SUBSTANTIAL ACCORD REVIEW 11 PD0120 T-Mobile Northeast LLC Dale Magisterial District East line of Cogbill Road RE VEST: Substantial Accord Determination to permit a communications tower in a Residential (R-9) District. PROPOSED LAND USE: A communications tower, incorporated into an existing electrical transmission structure, and associated improvements are planned. PLANNING COMMISSION RECOMMENDATION APPROVED. STAFF RECOMIVVIENDATION Recommend approval for the following reason: A. The proposal conforms to the Public Facilities Plan and Tower Siting Polio Incorporation of the communications facilities into an existing electrical transmission tower eliminates the need for an additional freestanding structure in the area, thereby minimizing tower proliferation. B. The Ordinance minimizes the possibility of any adverse impact on the County Communications System or the County Airport. (NOTES: A. CONDITIONS MAY BE IMPOSED. B. UNDER THE FEDERAL TELECOMMUNICATIONS ACT, LOCALITIES CANNOT REGULATE CELL TOWERS ON THE BASIS OF POSSIBLE HEALTH OR ENVIRONMENTAL EFFECTS OF RADIO FREQUENCY EMISSIONS.) Ofl0~1~4 Providing a FIRST CHOICE community through excellence in public service GENERAL INFORMATION Project Name: VEPCO -Five Forks #282-58 Location: The request property is located off the east line of Cogbill Road, south and east of Garden Grove Road. Tax IDs 759-679-Part of 0599; and 759-680-Parts of 5031 and 5255. Existing Zoning: R-9 . Size: 1 acre Existin~Land Use: Single-family residential and Dominion Virginia Power Transmission Line Adiacent Zoning and Land Use: North, South, East and West - R-9; Single-family residential or vacant T ITTT .TTTF.C Public Water SXstem: This request will have no direct impact on the public water system. However, attention is directed to a thirty (30) inch water transmission line that extends within an easement along the northern side of the Dominion Power right-of way. Every effort must be made not to disturb this line or interfere with its continued operation. Public Wastewater S, sy tem: This request will have no impact on the public wastewater system. There is an existing sixteen (16) inch wastewater line extending through the southern portion of the Dominion Power right-of way. Every effort must be made not to disturb this line or interfere with its continued operation. o~o~~s 2 11PD0120-DEC15-BOS-RPT ENVIRONMENTAL If construction of the co-location for the cell tower disturbs more than 2500 square feet, to include the access road, a land disturbance permit will be required by the Department of Environmental Engineering. PUBLIC FACILITIES Fire ~ervice~ This request will have a minimal impact on Fire and Emergency Medical Service. County Department of Transportation: This proposal will have a minimal impact on the existing transportation network. Vir ing is Department of Transportation ~: VDOT notes the presence of curb and gutter at this location. A VDOT approvable private entrance designed and constructed with appropriate sight distances shall be provided, with sufficient off street depth to contain service vehicles prior to any access gate that maybe installed to the access driveway. COUNTY COMMUNICATIONS The Zoning Ordinance requires that any structure over eighty {80) feet in height be reviewed by the County's Public Safety Review Team for potential detrimental impacts the structure could have on the County's Radio Communications System microwave paths. This determination must be made prior to construction of the communications tower. COUNTY AIRPORT A preliminary review of this proposal indicates that, given the approximate location and elevation of the proposed installation, it appears there will be no adverse affect on the County Airport. 1, AN1~ t 1~F Comprehensive Plan: The subject property is located within the boundaries of the Central Area Plan which suggests the property is appropriate for residential use of one (1) to 2.5 dwelling units per acre. oaQO~s 3 11PD0120-DEC15-BOS-RPT The Public Facilities Plan, an element of the Comprehensive Plan, suggests that energy and communications uses should be co-located, whenever feasible, to minimize impacts on existing and future areas of development. Area Development Trends: Surrounding properties are zoned residentially and are occupied by single-family residential use or are vacant. A Dominion Virginia Power Transmission Line easement runs through the property. It is anticipated residential uses will continue in the area, as suggested by the Plan. Development Standards: The Zoning Ordinance provides that communications towers may be permitted within residential districts provided the structure is architecturally incorporated into the design of a building or provided that antennae are co-located on electric transmission structures; are flush-mount; are restricted to a maximum height of twenty (20) feet above the height of the transmission structure; and are gray or other neutral color. An elevation submitted with the application depicts the existing electric transmission tower as a 115 foot monopole structure. The communications antennas are depicted as flush- mounted at a height of approximately 125 feet onto an extension of the monopole structure. It should be noted antennas could be mounted up to a height of 135 feet, or to twenty (20) feet above the height of the transmission tower height, as previously noted. CONCLUSION The proposed communications tower satisfies the criteria of location, character and extent as specified in the Code of Virginia. Specifically, the Public Facilities Plan suggests that communications towers should be located to minimize the impact on existing or planned areas of development and that energy and communications facilities should co-locate whenever feasible. The communications tower will be incorporated into an existing permitted electrical transmission structure. The addition of the communications facilities into the structure of the existing transmission tower does not generate a visual impact that is significantly greater than the visual impact of the existing electrical transmission tower. This co-location will eliminate the need for an additional freestanding communications tower in the area, thereby minimizing tower proliferation. In addition, the Ordinance minimizes the possibility of any adverse impact on the County Communications System or the County Airport. Given these considerations, staff recommends the Commission find the proposal consistent with the adopted Comprehensive Plan. o~20~DS7 4 11PD0120-DEC15-BOS-RPT CASE HISTORY Planning Commission Meeting (11/16110): The applicant's representative accepted the recommendation. There was no opposition present. On motion of Dr. Brown, seconded by Mr. Gulley, the Commission determined the request is substantially in accord with the Comprehensive Plan. AYES: Messrs. Brown, Hassen, Bass, Gulley and Waller. The Board of Supervisors, on Wednesday, December 15, 2010, beginning at 3:00 p.m., will take under consideration this request. c~c~~~~ 5 11PD0120-DEC15-BOS-RPT ~'~°o ~~ .~,~~ -~ 1749 ~R61N~' CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: December 15, 2010 Item Number: 9.B.2. Subject: Report of Planning Commission Substantial Accord Determination for Chesterfield County School Board (Case 11PD0129) to Permit Conversion of a Public Middle School (Perrymont Middle) to a School Staff Development Facility County Administrator's Comments: County Administrator: Board Action Request On November 16, 2010, the Planning Commission determined that the proposed conversion of the Perrymont Middle School to a school staff development facility is in substantial accord with the Comprehensive Plan, as per attached (Case 11PD0129). (AYES: Brown, Hassen, Bass, Gulley and Waller.) Staff recommends no action. Summary of Information: State law provides that the Board may overrule the Planning Commission's determination or refer the matter back to the Planning Commission for an additional public hearing and decision. If the Board takes no action, the substantial accord determination will become final. Preparers Kirkland A. Turner Attachments: ^ Yes ~ No gp:30+~3fl Title: Director of Planning CASE MANAGER: Robert Clay .~.,~w ~, ~ z I) } 4 f ~~ °~ 114 ,~`~/~ ~~~~ 1~Tr~~~nmti,ar ~ ~. 7(11 fl (''D('' December 15, 2010 BS SUBSTANTIAL ACCORD REVIEW 11PD0129 Chesterfield County School Board Bermuda Magisterial District 8610 Perrymont Road RE VEST: Substantial Accord Determination to permit conversion of a public middle school (Perrymont Middle) to a school staff development facility. PROPOSED LAND USE: The request property is occupied by a public school building (Perrymont Middle School), which has become vacant as of September of 2010 when the school closed. The Chesterfield County School Board wishes to convert the existing improvements to accommodate a staff development facility for the purpose of training school staff. PLANNING COMMISSION RECOMMENDATION APPROVED. STAFF RECOMMENDATION Recommend approval for the following reasons: A. The proposed use conforms to the Jefferson Davis Corridor Plan which suggests the property is appropriate for general commercial use. B. The proposed use is no more intense than previous use of the property and is compatible with existing and anticipated area development. C. The requested use would allow continued use of a public facility that might otherwise remain vacant, as well as allow training to be conducted on public property instead of in rented space. (NOTE: CONDITIONS MAY BE IMPOSED.) ~Q Providing a FIRST CHOICE community through excellence in public service GENERAL INFORMATION Pro'ect Name: Perrymont Alternative Middle School Location: The request property is located on the west line of Perrymont Road, south and east of Chester Road, and is better known as 8610 Perrymont Road. Tax ID 791-672-9074. Existin~Zoning: R-7 and C-3 Size: 4.1 acres Existing Land Use: Public/Semi-public (school) Adjacent Zoning and Land Use: North - C-5; Vacant South - R-7 and C-,3; Single-family residential or vacant East - C-3, C-5, and I- l ;Single-family residential or commercial West - R-7; Single-family residential UTILITIES AND ENVIRONMENTAL This request will have no impact on these facilities. PUBLIC FACILITIES Fire ~ervice~ This request will have no impact on these facilities. County Department of Transportation: Typical traffic generation information is not available for the requested use (school staff development facility). The applicant has indicated that the anticipated traffic generated by the requested land use will be less than the traffic generated by the previous middle 2 11 PD0129-DEC 15-BOS-RPT ~~~~~~ school. Therefore, this request will have a minimal impact on the existing transportation network. Vir ing is Department of Transportation (~: VDOT notes that existing commercial entrances may need to be upgraded. The entrances have tenure if there is no change in use, safety is not compromised, and maintenance is not needed. However, the applicant has provided no information concerning any increase in traffic that may be generated by revisions to the site. Revised commercial entrances may be reviewed by VDOT at the time of construction plan submission when the property is renovated. Appropriate sight distances shall be provided at the entrances. T ,ANTS T IMF Comprehensive Plan: The subject property is located within the boundaries of the Jefferson Davis Corridor Plan which suggests the property is appropriate for general commercial use. The Public Facilities Plan, a component of the Comprehensive Plan, identifies the need for new schools throughout the county. While the Plan recognizes the need to provide for the educational facilities, it does not identify any new school facilities in the vicinity of the request property. The Plan, however, only addresses elementary, middle and high schools and does not address special schools as proposed by this application. Area Development Trends: Adjacent properties to the north, south and west are zoned residentially and commercially and are occupied by single-family residential uses or are vacant. Properties to the east of Perrymont Road are zoned for commercial and industrial uses and are occupied by a single- familyresidence or commercial development. It is anticipated commercial development will continue along this corridor, as suggested by the Plan. Development Standards: The request property lies within the Jefferson Davis Highway Corridor District. The purpose of highway corridor district standards is to enhance patterns of development. Redevelopment of the site or new construction must conform to the requirements of the Zoning Ordinance, which address access, parking, landscaping, architectural treatment, setbacks, signs, buffers, utilities, and screening of dumpsters and loading areas. CONCLUSION As noted herein, the Public Facilities Plan addresses elementary, middle and high schools, and does not specifically address special schools as proposed by this application. However, the proposed use conforms to the Jefferson Davis Corridor Plan which suggests the property is 3 11 PD0129-DEC 15-B~2~~~ ~ 3 l~ appropriate for general commercial use. In addition, the proposed use is no more intense than previous use of the property and is compatible with existing and anticipated area development. And, the requested use would allow continued use of a public facility that might otherwise remain vacant, as well as allow training to be conducted on public property instead of in rented space. Given these considerations, staff recommends the Commission find the proposal consistent with the adopted Comprehensive Plan. CASE HISTORY Planning Commission Meeting (11/16/10): The applicant's representative accepted the recommendation. There was no opposition present. On motion of Mr. Hassen, seconded by Mr. Bass, the Commission determined the request is substantially in accord with the Comprehensive Plan. AYES: Messrs. Brown, Hassen, Bass, Gulley and Waller. The Board of Supervisors, on Wednesday, December 15, 2010, beginning at 3:00 p.m., will take under consideration this request. 4 11 PD0129-DEC 15-BQ~ ,~ v~ >:~ ,, ~ ~ Y ~~ "~ ~ ~~; ~ < ; ~ .. :~ ;~ _, ~ > ~ ~ _. ~ ~ , 'row. +~, ~ ~ :, r;~r- w-- ~" ,... ... Jfi , f ~- _.,. w ,. ;~ ,~,. ~ ~ `' ~ ~. r ~: ~ ' - ~ ~ / ~~ - o .- ~~ ~ ~'. .:.._.~ ._ +0. A. "" ., i . s y£ ` F i ~ 1'c ~/ ~~ ~~ f ,, ~ .~ .. ., ,,^ .................... ... »r _. ... .. .. .. _ .. ,,...,........ , r/ '~ °~ ... .. .,.._.. _ _ yy~ppppp55 4....u ~.._, r p a. ~., .. ... .. R ~^+w ! ,., .., . ... • ~, ~ .. ~ ' .. j ^. v. ,. ~ . .............. ti~ ~~` .: t .. ~ .. ~, .. .. G'i~o , ~ e `' I,'` s'' - `e`~~ `~ ~ rig ,,,~ `~~ ~_ s ~'~ ~'C ~„ ~'' , _ ~ $, ~' ~' ~ ...~. ., ..,,` ~F ~ __... r t 7' ~ ~" ,~ F ~ ~. „_ ~ ~`i° ,, w_. ,~ -. ,, 'v T r~g~~` a a ! t.~ r,r ~~q~t~~ ,~: > ~~. i i b ~,_y R v ~~ f `~ _ _, _ r i ~' - ~. ..,.. ., ... .<.-, ...__a `~ `. ~. I ~. _~, - 1 ~ ~ ,. ,: ,. ~ ` -_~ .:f ~.. ', ~.. e _ , .~ ~~ __~. ~/ .~~ >::, _, ~~ a __ I ~ 3 ~ ,. ._ ~ ~ ;: gy i F a ~~~ :. - _ ,. ~ ~ ..,, - ~' ~ :- i ,, .;~; ,:. I _~ ~ _. , ~. __..__v~_ ~ ~ _. uR• ~ ... .:. _ ....,.~. ....._yys..' a :> ~ "'. ~ u ~ ---------- ~~ 1749 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: December 15, 2010 Item Number: 9.B.3. Subject: Report of Planning Commission Substantial Accord Determination for New Cingular Wireless PCS, LLC (Case 11PD0133} to Permit a Communications Tower in an Agricultural (A) District County Administrator's Comments: County Administrator: Board Action Reque d: On November 16, 2010, the Planning Commission determined that the proposed communications tower is in substantial accord with the Comprehensive Plan, as per attached (Case 11PD0133). (AYES: Brown, Hassen, Bass, Gulley and Waller.} Staff recommends no action. Summary of Information: State law provides that the Board may overrule the Planning Commission's determination or refer the matter back to the Planning Commission for an additional public hearing and decision. If the Board takes no action, the substantial accord determination will become final. Preparers Kirkland A. Turner Attachments: ^ Yes ~ No # o~o~~s Title: Director of Planning CASE MANAGER: Robert Clay ~.V ~ M~,~~y~ ~y, ;~, ?~ ~~~ ~~~~ T~~ ~ ~$l~;P-~ December 15, 2010 BS SUBSTANTIAL ACCORD REVIEW 11PD0133 New Cingular Wireless PCS, LLC Bermuda Magisterial District 14411 Ramblewood Drive RE VEST: Substantial Accord Determination to permit a communications tower in an Agricultural (A) District. PROPOSED LAND USE: A communications tower, incorporated into a replacement electrical transmission structure, and associated improvements are planned. However, there is nothing to preclude continued use of the existing lattice transmission structure. PLANNING COMMISSION RECOMMENDATION APPROVED SUBJECT TO THE CONIDTION ON PAGE 2. STAFF RECOMMENDATION Recommend approval for the following reasons: A. The proposal conforms to the Public Facilities Plan and Tower Siting Polio Incorporation of the communications facilities into an electrical transmission tower eliminates the need for an additional freestanding structure in the area, thereby minimizing tower proliferation. B. The Ordinance minimizes the possibility of any adverse impact on the County Communications System or the County Airport. (NOTES: A. CONDITIONS MAY BE IMPOSED. B. UNDER THE FEDERAL TELECOMMUNICATIONS ACT, LOCALITIES CANNOT REGULATE CELL TOWERS ON THE BASIS OF POSSIBLE HEALTH OR ENVIRONMENTAL EFFECTS OF RADIO FREQUENCY EMISSIONS.) Providing a FIRST CHOICE community through excellence in public service CnNnTTTnN (STAFFICPC) Any building or mechanical equipment shall be located within an area enclosed by a minimum eight (8) foot high vinyl gray, brown or other neutral colored fence, designed to preclude trespassing. This fenced compound shall be a minimum of forty (40) feet from the northern property line of the subject property. In addition, outside of and immediately adjacent to the compound, to provide screening of the fenced compound, evergreen trees of a species from the Chesterfield County Plant Materials List and acceptable to Dominion Virginia Power, having a minimum height of six (6) feet at installation and eight (8) feet at maturity shall be installed. A detailed plan depicting these requirements shall be submitted to the Planning Department for approval prior to building permit application. (P) GENERAL INFORiMATION Project Name: RI654 -Rebel Ridge (VEPCO# 228/29) Location: The request property is located on the northeast line of Ramblewood Drive, south of Rebel Ridge Road and is better known as 14411 Ramblewood Drive. Tax ID 813-d46-1877. Existin Zoning: A Size: 3.3 acres Existing Land Use: Single-family residential Adiacent Zoningand Land Use: North, South and West - A;Single-family residential East - R-15 and A; Railroad right-of way or vacant T ITTT ,TTTF~ This request will have no direct impact on the public utility systems. 2 11PD0133-DEC15-BOS-RPT ~~Q ENVIRONMENTAL If construction of the co-location for the cell tower disturbs more than 2500 square feet, to include the access road, a land disturbance permit will be required by the Department of Environmental Engineering. PUBLIC FACILITIES Fire ~ervice~ This request will have a minimal impact on Fire and Emergency Medical Services. Count,~partment of Transportation: This proposal will have a minimal impact on the existing transportation network. Vir ing is Department of Transportation (VDOT): A VDOT approvable private entrance designed and constructed with appropriate sight distances shall be provided, with sufficient off street depth to contain service vehicles prior to any access gate that maybe installed to the access driveway. COUNTY COMMUNICATIONS The Zoning Ordinance requires that any structure over eighty (80) feet in height be reviewed by the County's Public Safety Review Team for potential detrimental impacts the structure could have on the County's Radio Communications System microwave paths. This determination must be made prior to construction of the communications tower. COUNTY AIRPORT A preliminary review of this proposal indicates that, given the approximate location and elevation of the proposed installation, it appears there will be no adverse affect on the County Airport. T,AN1~ t IMF. Comprehensive Plan: The subject property is located within the boundaries of the Consolidated Eastern Area Plan which suggests the property is appropriate for residential use of 1.5 units per acre or less. The Public Facilities Plan, an element of the Comprehensive Plan, suggests that energy and communications uses should be co-located, whenever feasible, to minimize impacts on existing and future areas of development. 3 11 PD0133-DEC 15-BOS-RP ~~~ , ~~ Area Development Trends: Surrounding properties are zoned residentially and agriculturally and are occupied by single family residential uses or are vacant. Railroad right-of way also abuts the northeast boundary of the property. A Virginia Power transmission line easement runs through the property, generally east and west. It is anticipated residential uses will continue in the area, as suggested by the Plan. Development Standards: The Zoning Ordinance provides that communications towers may be permitted within agricultural districts provided the structure is architecturally incorporated into the design of a building or provided that antennae are co-located on electric transmission structures; are flush-mount; are restricted to a maximum height of twenty (20) feet above the height of the transmission structure; and are gray or other neutral color. To address concerns relative to the impact any building or mechanical equipment might have on adjacent property, a condition has been recommended which requires an increased setback for these structures from the northern property line, fencing and landscaping. (Condition) An elevation submitted with the application depicts the existing electric transmission tower as a 116 foot lattice structure. It also shows this structure as being replaced by a 126 foot monopole structure with a proposed twenty (20) foot extension to accommodate communications antennas. The communications antennas are depicted as flush-mounted. It should be noted there is no requirement for removal and replacement of the existing lattice transmission structure or the erection of a monopole structure. Antennas could be mounted on the existing transmission tower, under the provisions previously noted. CONCLUSION The proposed communications tower satisfies the criteria of location, character and extent as specified in the Code of Virginia. Specifically, the Public Facilities Plan suggests that communications towers should be located to minimize the impact on existing or planned areas of development and that energy and communications facilities should co-locate whenever feasible. The communications tower will be incorporated into a permitted electrical transmission structure. The addition of the communications facilities into the structure of the existing transmission tower does not generate a visual impact that is significantly greater than the visual impact of the existing electrical transmission tower. This co-location will eliminate the need for an additional freestanding communications tower in the area, thereby minimizing tower proliferation. In addition, the Ordinance minimizes the possibility of any adverse impact on the County Communications System or the County Airport. Given these considerations, staff recommends the Commission find the proposal consistent with the adopted Comprehensive Plan. 4 11PD0133-DEC15-BOS-RPT ~~i~'~ ~~ CASE HISTORY Planning Commission Meeting (11116/10): The applicant's representative accepted the recommendation. An adjacent property owner stated that he agreed with the condition recommended in the addendum with the exception that the fence be of a neutral color. On motion of Mr. Hassen, seconded by Mr. Bass, the Commission determined the request is substantially in accord with the Comprehensive Plan, subject to the condition on page 2. AYES: Messrs. Brown, Hassen, Bass, Gulley and Waller. The Board of Supervisors, on Wednesday, December 15, 2010, beginning at 3:00 p.m., will take under consideration this request. 11PD0133-DEC~,~ December 15, 2010 List Afternoon Session 1. 1VIr. Pete Stith 2. 3. 4. 5. CHESTERFIELD COUNTY i(`~ BOARD OF SUPERVISORS Page 1 of 1 ~,~ ,,~' AGENDA Meeting Date: December 15, 2010 Item Number: 11. Subject: Closed Session County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Closed session 1) pursuant to § 2.2 - 3 711 (A) (1) , Code of Virginia, 195 0 , as amended, relating to the performance of a specific county employee; and 2) pursuant to § 2.2-3711(A)(1) Code of Virginia, 1950, as amended, relating to the appointment of a specific county employee. Preparers Jeffrey L. Mincks Attachments: ~ Yes ^ No Title: County Attorney 0423:83989.1 #o~~a~~~ ~ - . ,~~Iti ',i '.,..mac--~- ,IU, .~. ~ i~ae ~~ r CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: December 15, 2010 Item Number: 15.A. Subject: Resolution Recognizing the Outstanding Accomplishments of Mr. Carlton R. Smith and Mr. Phillip G. Scruggs County Administrator's Comments: County Administrator: Board Action Reques ' Mr. warren and Mr. Gecker request that the Board of Supervisors adopt the attached resolutions recognizing the outstanding accomplishments of Mr. Carlton R. Smith and Mr. Phillip G. Scruggs. Summary of Information: Mr. Carlton R. Smith and Mr. Phillip G. Scruggs were selected to participate in the Beautillion sponsored by the Professionals Reaching Out to the Community (PROC) Foundation, based upon their academic achievement, service to their community and their extracurricular involvement. Preparers Don Kappel Title: Director, Public Affairs Attachments: ^ Yes ~ No # ~~~~~84 RECOGNIZING THE OUTSTANDING ACCOMPLISHMENTS OF MR. CARLTON R. SMITH WHEREAS, Chesterfield County is a four-time winner of recognition as "One of the 100 Best Communities in America for Young People" by General Colin Powell's organization, America's Promise-the Alliance for Youth; and WHEREAS, Chesterfield County's residents consistently rate the county as an excellent place in which to raise a family; and WHEREAS, Chesterfield County Public Schools are consistently rated highly for providing what parents want for their children's education; and WHEREAS, while the county and its schools can provide such opportunities for young people to succeed, it is the personal pursuit of excellence on the part of a young person that ultimately ensures their success; and WHEREAS, Carlton R. Smith is the son of Ursula and Donny Smith, and the family resides in the Midlothian Magisterial District; and WHEREAS, on November 20, 2010, Carlton was presented to society in a Beautillion sponsored by the Professionals Reaching Out to the Community Foundation, Incorporated, a non-profit corporation of the Pi Rho Omega Chapter, Alpha Kappa Alpha Sorority, Incorporated; and WHEREAS, Carlton was selected by PROC based on his status as a senior honor student at Clover Hill High School; and WHEREAS, he has achieved noteworthy accomplishments in academics, community service and extracurricular activities; and WHEREAS, Carlton also was recommended by his teachers and community leaders. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 15th day of December 2010, publicly recognizes the exemplary achievements of Mr. Carlton R. Smith, congratulates him on this special recognition, and extends best wishes for continued academic and personal success. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Smith, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. 0~€ix~5 RECOGNIZING THE OUTSTANDING ACCOMPLISHMENTS OF MR. PHILLIP G. SCRUGGS WHEREAS, Chesterfield County is a four-time winner of recognition as "One of the 100 Best Communities in America for Young People" by General Colin Powell's organization, America's Promise-the Alliance for Youth; and WHEREAS, Chesterfield County's residents consistently rate the county as an excellent place in which to raise a family; and WHEREAS, Chesterfield County Public Schools are consistently rated highly for providing what parents want for their children's education; and WHEREAS, while the county and its schools can provide such opportunities for young people to succeed, it is the personal pursuit of excellence on the part of a young person that ultimately ensures their success; and WHEREAS, Phillip G. Scruggs is the son of Barbara Moore-Scruggs and George L. Scruggs, Jr. and the family resides in the Midlothian Magisterial District; and WHEREAS, on November 20, 2010, Phillip was presented to society in a Beautillion sponsored by the Professionals Reaching Out to the Community Foundation, Incorporated, a non-profit corporation of the Pi Rho Omega Chapter, Alpha Kappa Alpha Sorority, Incorporated; and WHEREAS, Phillip was selected by PROC based on his status as a junior honor student at Midlothian High School; and WHEREAS, he has achieved noteworthy accomplishments in academics, community service and extracurricular activities; and WHEREAS, Phillip also was recommended by his teachers and community leaders. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 15th day of December 2010, publicly recognizes the exemplary achievements of Mr. Phillip G. Scruggs, congratulates him on this special recognition, and extends best wishes for continued academic and personal success. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Scruggs, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. o~o~~~ -y::~ k. ty. >~ ~'a ~_ _ ~~ ~ ~~, ..~-- CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: December 15, 2010 Item Number: 15.8. Subject: Resolution Recognizing Mr. Kevin Page Transportation in Virginia for Outstanding Contributions to County Administrator's Comments: County Administrator: Board Action Requested: Mr. Warren requests that the Board of Supervisors adopt the attached resolution recognizing Mr. Kevin Page on his selection as Amtrak's 2010 President's Service and Safety Award for State Partnership recipient. Summary of Information: Mr. Kevin Page is Chief of Rail Transportation, Department of Rail and Public Transportation. He has been selected as the 2010 recipient of Amtrak's President's Service and Safety Award for State Partnership for his work to provide safe and efficient transportation choices in the commonwealth. Preparers Don Kappel Title: Director, Public Affairs Attachments: ^ Yes ~ No ~~p~a ~'7 RECOGNIZING MR. KEVIN PAGE FOR HIS OUTSTANDING CONTRIBUTIONS TO TRANSPORTATION IN VIRGINIA WHEREAS, Mr. Kevin Page is Chief of Rail Transportation for the Virginia Department of Rail and Public Transportation; and WHEREAS, DRPT is the state agency for rail, transit and commuter services in Virginia; and WHEREAS, the department's mission is to improve mobility and expand transportation choices in the commonwealth; and WHEREAS; DRPT partners with Amtrak on matters involving rail service in Virginia; and WHEREAS, Amtrak announced on November 4, 2010, that it had selected Kevin Page as this year's recipient of Amtrak's President's Service and Safety Award for State Partnership; and WHEREAS, this award recognizes Mr. Page's extraordinary contributions to transportation in Virginia; and WHEREAS, He was recognized for his efforts to provide safe and efficient transportation choices; and WHEREAS, Mr. Page has championed rail service as a vital component in addressing Virginia's transportation needs; and WHEREAS, Mr. Page was instrumental in helping Amtrak to receive a grant for a three-year demonstration project to extend additional Northeast Regional services to Lynchburg and Richmond; and WHEREAS, Mr. Page's work on behalf of those traveling in Virginia has made measurable progress in bringing high-speed rail service to Virginia. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 15th day of December 2010, hereby congratulates Mr. Kevin Page on his selection as Amtrak's 2010 President's Service and Safety Award for State Partnership recipient, thanks him for his commitment to improving transportation in Virginia, and wishes him continued success. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Page, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. ~~~ Y-~. ~~ ~ ~~ ~+ ~- ~; i!~ ~a ,, ~._ ,, ~, " ~ yam. ~~~ ~, -~_ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: December 15, 2010 Item Number: 15.C. Subject: Resolution Recognizing Ms. Brittany Nicole "Nikki" Poteet, Miss Virginia USA County Administrator's Comments: County Administrator: Board Action Request Ms. Jaeckle requests that the Board of Supervisors adopt the attached resolution recognizing Ms. Brittany Nicole "Nikki" Poteet, Miss Virginia USA. Summary of Information: Ms. Nikki Poteet, a graduate of Thomas Dale High School, has recently been named Miss Virginia USA, and 'also just earned her master's degree in Mechanical and Nuclear Engineering from Virginia Commonwealth University. Her parents reside in Chester. Preparers Don Kappel Title: Director, Public Affairs Attachments: ^ Yes ~ No # Q~'~~~9 RECOGNIZING MS. BRITTANY NICOLE POTEET, MISS VIRGINIA USA WHEREAS, Ms. Brittany Nicole "Nikki" Poteet is the daughter of Dan and Alice Poteet of Chester, Virginia; and WHEREAS, Ms. Poteet graduated from Thomas Dale High School; and WHEREAS, She earned her undergraduate degree in Biomedical Engineering from Virginia Commonwealth University; and WHEREAS, She also earned her master's degree in Mechanical and Nuclear Engineering on December 11, 2010 from Virginia Commonwealth University; and WHEREAS, Ms. Poteet was crowned Miss Virginia USA in Virginia Beach, Virginia in November 2010; and WHEREAS, she will represent Virginia in the Miss USA pageant in Las Vegas, Nevada in the spring of 2011; and WHEREAS, Ms. Poteet promotes the importance of science and mathematics to high school students; and WHEREAS, she is interested in researching natural forms of cancer treatment, such as dietary changes and the use of naturally occurring enzymes, such as those found in some fruit seeds; and WHEREAS, Ms. Poteet's accomplishments to date reflect highly on her, her family and her educational background, including Chesterfield County Public Schools; and WHEREAS, Ms. Poteet demonstrates great promise for continued personal success and contributions to the betterment of all; and WHEREAS, Chesterfield County is proud to call Ms. Brittany Nicole "Nikki" Poteet one of its own. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 15th day of December 2010, publicly recognizes the exemplary achievements of Ms. Brittany Nicole "Nikki" Poteet, congratulates her on being named Miss Virginia USA, and extends best wishes for continued success in her academic and pageant pursuits. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Ms. Poteet, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. o~Q~~~ }vV,,'t ~ ~..c~,, °~~~, ~~~~ ' ~) ,~~,. 7 ' 1 49 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: December 15, 2010 Item Number: 15.D. Subject: Resolution Recognizing Academic Achievement at Beulah Elementary School County Administrator's Comments: County Administrator: Board Action Requested: Mr. Holland requests that the Board of Supervisors adopt the attached resolution recognizing academic achievement at Beulah Elementary School. Summary of Information: Beulah Elementary School has been selected as a National Title 1 Distinguished School for sustained academic achievement. The school's pass rates on the Standards of Learning have been at outstanding levels. Principal Mary Jean Hunt and students from Beulah Elementary will be present to accept the resolution. Preparers Don Ka~pel Title: Director, Public Affairs Attachments: ^ Yes ~ No ~~~ ~~~ RECOGNIZING ACADEMIC ACHIEVEMENT AT BEULAH ELEMENTARY SCHOOL WHEREAS, Chesterfield County, Virginia, is a locality that is nationally recognized for its quality of life; and WHEREAS, Chesterfield County has been recognized four times as "One of the 100 Best Communities in America for Young People" by America's Promise--the Alliance for Youth; and WHEREAS, a vital component of the county's commitment to its young people is its outstanding public school system; and WHEREAS, Beulah Elementary School, located in the Dale Magisterial District, has been selected as a National Title 1 Distinguished School for sustained achievement; and WHEREAS, Beulah Elementary School is fully accredited and achieved Adequate Yearly Progress status as set forth by the U.S. Department of Education in compliance with the No Child Left Behind Act; and WHEREAS, Beulah Elementary School's students have demonstrated Standards of Learning pass rates at levels ranging from 91 to 99 percent for school years 2009-2010 and 2010-2011; and WHEREAS, a majority of the school's students come from families facing economic challenges; and WHEREAS, it is appropriate to recognize Beulah Elementary School's exceptional results in helping these students excel despite the challenges in their lives; and WHEREAS, Beulah Elementary School will send a delegation to the national Title 1 conference in Tampa, Florida to receive formal recognition. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 15th day of December 2010, proudly and publicly recognizes the exemplary achievements of the students, teachers and staff members of Beulah Elementary School, congratulates them on this noteworthy accomplishment, and extends best wishes to Beulah Elementary School for continued success. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Beulah Elementary School, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. ~~o~~z CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 2 AGENDA Meeting Date: December 15, 2010 Item Number: 18.A.1. Subject: Public Hearing to Consider the Real Estate Tax Exemption Request of the Eppington Foundation County Administrator's Comments: County Administrator: Board Action Requesf~d: The Board of Supervisors is requested to consider the real estate tax exemption request of the Eppington Foundation. Summary of Information: Under Virginia law, real and personal property used for historical purposes may be exempted from taxation by the Board of Supervisors. The Eppington Foundation, a historical, non-profit organization located in Chesterfield County, has requested a tax exemption on a 63.48 acre parcel (Parcel No. 708637953800000) adjacent to Eppington Foundation in Matoaca Magisterial District. In 2005, the Foundation began the process of acquiring additional land adjacent to and near the plantation site. The Foundation plans to incorporate these property acquisitions into the entrance to the Plantation, which will insure a scenic entrance way and a substantial buffer between the plantation site and future development. For budgetary reasons, these acquisitions have been limited to approximately 60 acres per year and have Preparers Jeffrey L. Mincks Attachments: ^ Yes No Title: County Attorney 0505:84696.2 ~~~~13 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA continued over a total of six years. In 2005-2009, the Board approved requests from Eppington for tax exemption for the first five of the six parcels, (see the property identified on the attached map). This year's tax exemption request, which is for the sixth and final parcel, is for a parcel to the east of the sites for which the exemptions have already been granted (see the property identified as 13851 Eppes Falls Road). The 63.48 acre parcel for which the exemption is requested has an assessed value of $34,900, leading to an annual tax of $331.56. This assessment is well below the $5, 000 cap for the granting of a real estate tax exemption pursuant to the Board's policy. Staff has reviewed the information that state law requires the Board to consider before granting an exemption and finds that the information, which is attached, is consistent with Eppington's status as a non-profit organization which is eligible for the tax exemption. The criteria that the Board must consider under state law are attached. 0~?SA~14 CRITERIA FOR CONSIDERING TAX EXEMPTION REQUESTS UNDER STATE LAW 1. The Eppington Foundation is exempt from taxation pursuant to §501 (c) of the Internal Revenue Code. 2. The Eppington Foundation does not possess a current annual alcoholic beverage license for serving alcoholic beverages for use on the property, although individuals who rent the Plantation for wedding receptions may obtain an ABC license and serve alcoholic beverages during the reception. 3. No director of the Foundation is paid any compensation for service to the corporation and its salaries are not in excess of reasonable salaries for services performed by the employees. 4. No part of the net earnings of the Foundation inures to the benefit of any individual. 5. The Foundation provides services for the common good of the public. 6. The Foundation does not attempt to influence legislation or intervene in any political campaign on behalf of any candidate for public office. 0505:84696.2 0~~~.9L5 AN ORDINANCE TO DESIGNATE REAL PROPERTY OWNED BY EPPINGTON FOUNDATION TO BE EXEMPT FROM PROPERTY TAXATION WHEREAS, subsection 6(A)(6) of Article X of the Constitution of Virginia, on and after January 1, 2003, authorizes localities to designate as exempt from local taxation the real or personal property, or both, owned by anon-profit organization that uses such property for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes; and WHEREAS, the County has received a request from the Eppington Foundation to consider granting it a tax exemption for a specific piece of real property owned by it in Chesterfield County described as County Property Tax Parcel ID No. 708637953800000; and WHEREAS, in accordance with Va. Code, §58.1-3651 the Board has conducted a public hearing and considered each of the questions required to be considered before adopting an ordinance granting any such exemption; and WHEREAS, the Board has. determined that the Eppington Foundation meets the requirement for the real property tax exemption that it has requested by reason of its being a non- profit organization which uses the real property for which it is requesting the exemption for historical purposes. NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 1. The Eppington Foundation is hereby designated a historical organization within the context of Section 6(A)(6) of Article X of the Constitution of Virginia. 2. The real property located in Chesterfield County owned by the Eppington Foundation and described as County Property Tax Parcel ID No. 708637953800000 is used by such organization exclusively for historical purposes on anon-profit basis as set forth in Section 1 of this ordinance and is hereby determined to be exempt from local taxation. This exemption shall be contingent on the continued use of the property in accordance with the purpose for which the organization is designated as exempt in Section 1. 3. This real property tax exemption shall be effective as of January 1, 2011. 4. This ordinance shall not be set out in the County Code but shall be kept on file in the offices of the real estate assessor and commissioner of revenue. 5. This ordinance shall be in effect immediately upon its adoption. ~~aa.~.s 0505:84919.1 y y ,~;~ f 4 3 ... I~~ ' r~ ~ Yotn• Connnunit ~ Nenss t r 'n • 99 ~~ ~ ) Pr pe Sr c c ! 5 P.O. Box 1616. Midlothian, Virginia 23113 • Phone: (804) 545-7500 • Fax: (804) 744-3269 • Entail: news((n;chestertieldobserveccom • IntemeC www.chestertieldobserver.com ADVERTISING AFFIDAVIT Client Description Ad Size Cost (per issue) Chesterfield County LN: EppingtonFoundation 1/lOP - 1.8 in. Board of Supervisors 12-8 $204.41 The Observer, Inc. ~~» Take nelioe thsit ~c )toad of Ssipervisors of (aNd fe~l~ Wgioi~ -at an. adjourned meodc-a an December 15, 2010. at 6:30 pan.. fm the County Public Meeting: Roam : at the Chesterfield Buitding, `Rt. 10 and Lori it4tad. ~ will hatd a >c ~~ may appear and prey ~kws cxtncaning: 'meadopii!Pu4fa, reaolatioin areal estate tint-eie>isp~n for `T~ Epp~irt on Fovnid~ion: 'Ibis eu~anization is a tai. oin a 63.48 acre g (P.a~'af Ab" 710t6~953800000) adjacent 1~hepalin~ Felon. The 63:4$ aae e7 {or which the tion is tegtiested,has an assessed value of 34,900, 8 to su-_anetral taf of applo~timately s331<.ss. >ff furl infioraiatipn is dew - ease ' contact the County Attorney's Obi at 748-1491,. between the hours of 8:30 a.m. to S~P~: hbndaythmu~ Friday. The hearing is heb at a public facility des' to be aasesaihle ta~persons with ilitieaa~~per~ana with ~estieon~s on the' for reoso®abk acaii~~~ should `contact T•~a;8iisiie~ ~tu;.the Board,- ar gas-~2ao ~s serviceri fix Ire deaf insist the . Clerk to the Bond rio Ibex tlsan y, >ta, m>~ Publisher of CHESTERFIELD OBSERVER 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): 12/8/2010 Sworn to d subscribed before me this day of e ~Gn , 2010. ~~~~~ egal Affiant s My commission expires: February 29, 2012 Commission I.D. 7182093 T, Grooms Jr., N ```,`s~,ruiiuurrrr~~/' . ~, s ~o~ ~` ~ ~e,~ THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU. `~~ CHESTERFIELD COUNTY ~ BOARD OF SUPERVISORS Page 1 of 2 `±~ AGENDA Meeting Date: December 15, 2010 Item Number: 18.A.2. Subject: Public Hearing to Consider the Real Estate Tax Exemption Request of the Salvation Army County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to consider the real estate tax exemption request of the Salvation Army. Summary of Information: Under Virginia law, real and personal property used for charitable and benevolent purposes may be classified as exempt from taxation by the Board of Supervisors. This year the Salvation Army, a charitable and benevolent, non-profit organization, has requested a tax exemption for a 1.261 acre parcel (Parcel No. 743709913800000), located at 11000 Midlothian Turnpike. A Salvation Army family store is located on the parcel. Revenue from the store is used to fund the Salvation Army's Adult Rehabilitation Center. A map of the parcel is attached. The parcel is assessed at $2,293,900, leading to an annual real estate tax of $22,250.84. The assessment exceeds the $5,000 cap which the Board's policy permits for the consideration of tax exemptions. Accordingly, to consider this request above $5,000, the Board would have to waive its policy by unanimous vote. Preparers Jeffrey L. Mincks Title: County Attorney 0505:84707.2 Attachments: ^ Yes ~ No ~~~~'-~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Staff has reviewed the information that state law requires the Board to consider before granting an exemption and finds that the information is consistent with The Salvation Army's status as a benevolent, charitable, non-profit organization that is eligible for the tax exemption. The criteria that the Board must consider under state law are attached. Staff recommends that the Board only consider this request in an amount not to exceed $5,000. o~o~~~ CRITERIA FOR CONSIDERING TAX EXEMPTION REQUESTS UNDER STATE LAW 1. The Salvation Army is exempt from taxation pursuant to §501(c) of the Internal Revenue Code; 2. The Salvation Army does not possess a current annual alcoholic beverage license for serving alcoholic beverages for use on the property; 3. No director of The Salvation Army is paid any compensation for service to the corporation and its salaries are not in excess of reasonable salaries for services performed by the employees; 4. No part of the net earnings of The Salvation Army inures to the benefit of any individual; 5. The Salvation Army provide services for the common good of the public; and 6. The Salvation Army does not attempt to influence legislation or intervene in any political campaign on behalf of any candidate for public office. 0505:84707.2 ~:~' AN ORDINANCE TO DESIGNATE REAL PROPERTY OWNED BY SALVATION ARMY TO BE EXEMPT FROM PROPERTY TAXATION WHEREAS, subsection 6(A)(6) of Article X of the Constitution of Virginia, on and after January 1, 2003, authorizes localities to designate as exempt from local taxation the real or personal property, or both, owned by anon-profit organization that uses such property for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes; and WHEREAS, the County has received a request from the Salvation Army to consider granting it a tax exemption for a specific piece of real property owned by it in Chesterfield County and described as County Property Tax Parcel ID No. 743709913800000; and WHEREAS, in accordance with Va. Code, §58.1-3651 the Board has conducted a public hearing and considered each of the questions required to be considered before adopting an ordinance granting any such exemption; and WHEREAS, the Board has determined that the Salvation Army meets the requirement for the real property tax exemption that it has requested by reason of its being a charitable and benevolent, non-profit organization which uses the real property for which it is requesting the exemption for charitable and benevolent purposes. NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 1. Salvation Army is hereby designated a charitable and benevolent, non-profit organization within the context of Section 6(A)(6) of Article X of the Constitution of Virginia. 2. The real property located in Chesterfield County owned by the Salvation Army and described as County Property Tax Parcel ID No. 743709913800000 is used by such organization exclusively for charitable and benevolent purposes on anon-profit basis as set forth in Section 1 of this ordinance and is hereby determined to be exempt from local taxation up to a maximum amount of $5,000. This exemption shall be contingent on the continued use of the property in accordance with the purpose for which the organization is designated as exempt in Section 1. 3. This real property tax exemption shall be effective as of January 1, 2011. 4. This ordinance shall not be set out in the County Code but shall be kept on file in the offices of the real estate assessor and commissioner of revenue. 5. This ordinance shall be in effect immediately upon its adoption. oooi~2 0505:84923.1 ''. ~ ~~~~ Your Community Nru•sp~rper Since 1995 P.O. Box 1616. Midlothian, Virginia 23113 • Phone: (804{ 545-7500 • Fax: B04{ 744-326) • F.mail: news@chestertieldobserveecom • Internet: www.chesterfieldobserver.com ADVERTISING AFFIDAVIT Client Description Ad Size Cost (per issue) Chesterfield County LN: SalvationArmy 12-8 1/lOP - 1.8 in. $204.41 Board of Supervisors The Observer, Inc. Publisher of CHESTERFIELD OBSERVER ~re-» ri~ontc~ notia.~t the Bard ~ ~ This is to certify that the attached legal notice was published by of °i~' ~T' `' '~ ~ Chesterfield Observer in the coon of Chesterfield state of Vir mid on siljourned meeting oe Deasdber 35, ~ , g~ ~ 281$ 6 =~ ~o°~a the following date(s): 12/8/2010 Admnaldites- B. Rt. 10 ad-Lori ~~' ' "'~ ~ a Sworn to d subscribed before me this g day of i The a~~tion of a resolution gi~nting a , 2010. ~reat estate~taa eieimption for the Salvstign ~• Thi;-organi;ation is,s~q~ a tad e~emptior~ `an.t _i:26~ aexe ~+cd ~8arcel Na 7437094138t~j(IOj, •loarted at -11i70o Midlothian'Annpiiae:+.-The 1.261 atre~patcel, /' ~'or which. ~e eu~tion m ;egu~0ed has G an assessed ~tilue 52,~3,soo, to an annualta=~agpro~omat~s22saos4' Legal Affiant J es T, Grooms Jr., Not Public If f - is desired. tb~ covnEy ~~~, hNw~a_the boon o~'-s:~o a.~. to 5:00 p.m., Monday through FridaX My commission expires: February 29, 2012 h01~ is he>d ~` '' ` Commission LD. 7182093 dito. be acc.essfble.to persom ~~ ~ (SEAL for reasonahk accommodations should contact Taoce Blakkp, tto the Board, `~.~''„` , ~ R 00~%,~~ ar 748=100. l aeaiier~ ` services i'er ~e des!" _ aswt ~b~~ ~ ~~'~o~W E,4~ T'!+ ~S • Cleft to tbe. >!o~ no lwyi tT~ Fi December t9, 2910. ~ •~ ~ off` EXPIRES s7N20l3 r ...... v ~~''~%,. A R Y P ...~~`~~ THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU. ~G 1749 ~R~~~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: December 15, 2010 Item Number: 18.A.3. Subject: Public Hearing to Consider the Real Estate Tax Exemption Request of Goodwill Industries of Central Virginia, Incorporated County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to consider the real estate tax exemption request of Goodwill Industries of Central Virginia, Inc. Summary of Information: Under Virginia law, real and personal property used for charitable and benevolent purposes may be classified as exempt from taxation by the Board of Supervisors. This year Goodwill Industries of Central Virginia, Inc. ("Goodwill"), has requested a tax exemption fora 2.333 acre parcel (Parcel No. 779652666900000), located at 12160 Ironbridge Road. A map of the parcel is attached. Goodwill is a benevolent and charitable non-profit Virginia corporation. It uses the parcel for which it seeks the exemption to operate a 16,085 sq. ft. retail office and production space which supports its Donated Goods Program. The parcel is assessed at $1,810,400, leading to an annual real estate tax of $17,198.80. The assessment exceeds the $5,000 cap that the Board's policy Preparers Jeffrey L. Mincks Title: Count Attorney 0505:84697.2 Attachments: ^ Yes ~ No # 0~0~~~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA permits for the consideration of tax exemptions. Accordingly, to consider this request above $5,000, the Board would have to waive its policy by unanimous vote. Staff has reviewed the information that state law requires the Board to consider before granting an exemption and finds that the information is consistent with Goodwill's status as a benevolent, charitable, non-profit organization that is eligible for the tax exemption. The criteria that the Board must consider under state law are attached. Staff recommends that the Board only consider this request in an amount not to exceed $5,000. (30024 CRITERIA FOR CONSIDERING TAX EXEMPTION REQUESTS UNDER STATE LAW 1. Goodwill Industries of Central Virginia, Inc. is exempt from taxation pursuant to ~501(c) of the Internal Revenue Code; 2. Goodwill Industries of Central Virginia, Inc. does not possess a current annual alcoholic beverage license for serving alcoholic beverages for use on the property; 3. No director of Goodwill Industries of Central Virginia, Inc. is paid any compensation for service to the corporation and its salaries are not in excess of reasonable salaries for services performed by the employees; 4. No part of the net earnings of Goodwill Industries of Central Virginia, Inc. inures to the benefit of any individual; 5. Goodwill Industries of Central Virginia, Inc. provide services for the common good of the public; and 6. Goodwill Industries of Central Virginia, Inc. does not attempt to influence legislation or intervene in any political campaign on behalf of any candidate for public office. 0505:84697.2 ~~.~ AN ORDINANCE TO DESIGNATE REAL PROPERTY OWNED BY GOODWILL INDUSTRIES OF CENTRAL VIRGINIA, INC. TO BE EXEMPT FROM PROPERTY TAXATION WHEREAS, subsection 6(A)(6) of Article X of the Constitution of Virginia, on and after January 1, 2003, authorizes localities to designate as exempt from local taxation the real or personal property, or both, owned by anon-profit organization that uses such property for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes; and WHEREAS, the County has received a request from Goodwill Industries of Central Virginia, Inc. to consider granting it a tax exemption for a specific piece of real property owned by it in Chesterfield County and described as County Property Tax Parcel ID No. 779652666900000;and WHEREAS, in accordance with Va. Code, §58.1-3651 the Board has conducted a public hearing and considered each of the questions required to be considered before adopting an ordinance granting any such exemption; and WHEREAS, the Board has determined that Goodwill Industries of Central Virginia, Inc. meets the requirement for the real property tax exemption that it has requested by reason of its being anon-profit organization which uses the real property for which it is requesting the exemption for charitable and benevolent purposes; WHEREAS, it is the policy of the Board to limit tax exemptions for real estate to a maximum amount of $5,000. NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 1. Goodwill Industries of Central Virginia, Inc. is hereby designated a charitable and benevolent organization within the context of Section 6(A)(6) of Article X of the Constitution of Virginia. 2. The real property located in Chesterfield County owned by Goodwill Industries of Central Virginia, Inc. and described as County Property Tax Parcel ID No. 779652666900000 is used by such organization exclusively for charitable and benevolent purposes on anon-profit basis as set forth in Section 1 of this ordinance and is hereby determined to be exempt from local taxation up to a maximum amount of $5,000. This exemption shall be contingent on the continued use of the property in accordance with the purpose for which the organization is designated as exempt in Section 1. 3. This real property tax exemption shall be effective as of January 1, 201 1. 4. This ordinance shall not be set out in the County Code but shall be kept on file in the offices of the real estate assessor and commissioner of revenue. 5. This ordinance shall be in effect immediately upon its adoption. ~~~~~ t~ 0505:84927.1 { F' s R ~ Yorrr Conununir ~ Nhws rr r ince 1995 ~ e e ~e e , n~~ S P.O. Box 1616. Midlothian, Virginia 23113 • Phone: {804) 545-75W • Fax: {804) 744-326) • Email: news(achesterfieldobserver.com • Internet: www.chesterfieldobserver.com ADVERTISING AFFIDAVIT Client Description Ad Size Cost (per issue) Chesterfield County LN: GoodwillIndustries 12-8 1/lOP - 1.7 in. Board of Supervisors $206.94 The Observer, Inc. ~r,+1~ ~~an Publisher of adjaut~ned > , oa I]~oeo$er- 15>. Zoio, at rxso >r~ ;a.the Co~mtp Public CHESTERFIELD OBSERVER irleeHng ~-1€oom st the (~esterfudd Adminfisttation $uitdip8+ Itt. IQ and Lori road, chesc«~eld, virginia will hold a This is to certify that the attached legal notice was published by public hearing where Persons maY aPP~r andpreseat,theirvrewsconcerning: Chesterfield Observer in the county of Chesterfield, state of Virginia, on 'me ~ of-a;resolutiiaa geanting a the following date(s): 12/8/2010 rfa? ~e0e tart eranptlan Bor Goodwill. ~ s~f CtnNrel~irirgiaizf inc. 'This . iS -+eel~it-g a taa ezaaption as at $.333 acre (Parcel No. ~~~ ~ at iai6o Sworn to and subscribed before me this day of -~oaelr -the 2 333. asp pa tote rs stgn~a6ai` an ssxaed value _~#1816,~O, l~adiog'~ alt~unualtazofappraid~Si7,,198.80: ~•w~/I , 2010. 'fl~frud>a ieiorm~n as the - Atioiane~a at 74131441;. ba~tir~tt7~lt-l~trnta +E aaet tb 5:00 Am..14fou~ Ftiiig C .~ h ~ ,~ ham ,~ >!~ Legal Affiant ame T, Grooms Jr., Not ublic deli be aotxsl~M.ao P~~ . - ilities. persocvi,sa~h quest; on the a'ec•~ of the taffy or ncec~ for reasonable :srrcammuodatioss :should coritaalanieeli~iYirj.4~rlitosla~$osrd, My commission expires: February 29, 2012 atx ce82~ ~, ~~ Commission LD. 7182093 ~•~'' •~~~~~"`~~.,, Clerk to the Daani aio, hroa day. : •~~)`!'q ''• December 10,29iA. :' ~(1F•• • O'er' Q ~ ~~ ~, ~~ ~" 0 ~ (y •P `` ;~ THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU. ~ ~°o ~~ 1749 ~RCIN~' CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: December 15, 2010 Item Number: 18.A.4. Subject: Public Hearing to Consider the Real Estate Tax Exemption Request of VSGA Foundation, Incorporated County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to consider the real estate tax exemption request of VSGA Foundation, Inc. Summary of Information: Under Virginia law, real and personal property used for charitable, benevolent and playground purposes may be classified as exempt from taxation by the Board of Supervisors. This year VSGA Foundation, Inc., a benevolent, non-profit organization has requested a tax exemption for a 22.777 acre parcel (Parcel No. 718719298200000). A map of the parcel is attached. VSGA Foundation, Inc. is the benevolent, non-profit arm of the Virginia State Golf Association. The parcel is part of a 27-hole golf course that supports the Foundation's youth golf program. Two and a half of the holes are in Chesterfield and the remainder of the course is in Powhatan County. VSGA conducts this program in conjunction with First Tee, area schools, civic clubs, churches and after school youth programs to assist in the development Preparers Jeffrey L. Mincks Attachments: ^ Yes ^ No # 0~20~~~ Title: County Attorney 0505:84711.2 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA of golfing skills, traditions and etiquette, and to help youths transfer the positive behavior practiced on the golf course to their daily lives. VSGA Foundation, Inc. also provides youth scholarships for the Boys and Girls Club, Boys Homes, the City of Richmond and Chesterfield County Department of Parks & Recreation programs and the Richmond, Chesterfield and Henrico police athletic leagues, as well as offering its own youth camping sessions. The parcel is assessed at $590,300, leading to an annual real estate tax of $5,607.86. The assessment exceeds the $5,000 cap that the Board's policy permits for the consideration of tax exemptions. Accordingly, to consider this request above $5,000, the Board would have to waive its policy by unanimous vote. Staff has reviewed the information that state law requires the Board to consider before granting an exemption and finds that the information is consistent with the VSGA Foundation's status as a benevolent, charitable, non-profit organization that is eligible for the tax exemption. The criteria that the Board must consider under state law are attached. The Foundation had previously filed an application for tax exemption with Powhatan for the remainder of the golf course land. However, the Powhatan Board of Supervisors passed an ordinance in September providing that the Board would no longer consider or grant tax exemption requests. Accordingly, the Foundation's application was denied by Powhatan. Staff recommends that the Board only consider this request in an amount not to exceed $5,000. 000.? ~~ CRITERIA FOR CONSIDERING TAX EXEMPTION REQUESTS UNDER STATE LAW 1. VSGA Foundation, Inc. is exempt from taxation pursuant to ~501(c) of the Internal Revenue Code; 2. VSGA Foundation, Inc. does not possess a current annual alcoholic beverage license for serving alcoholic beverages for use on the property; 3. No director of VSGA Foundation, Inc. is paid any compensation for service to the corporation and its salaries are not in excess of reasonable salaries for services performed by the employees; 4. No part of the net earnings of VSGA Foundation, Inc. inures to the benefit of any individual; 5. VSGA Foundation, Inc. provide services for the common good of the public; and 6. VSGA Foundation, Inc. does not attempt to influence legislation or intervene in any political campaign on behalf of any candidate for public office. 0505:84711.2 Q40~E ~~ AN ORDINANCE TO DESIGNATE REAL PROPERTY OWNED BY VSGA FOUNDATION, INCORPORATED TO BE EXEMPT FROM PROPERTY TAXATION WHEREAS, subsection 6(A)(6) of Article X of the Constitution of Virginia, on and after January 1, 2003, authorizes localities to designate as exempt from local taxation the real or personal property, or both, owned by anon-profit organization that uses such property for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes; and WHEREAS, the County has received a request from the VSGA Foundation, Inc. to consider granting it a tax exemption for a specific piece of real property owned by it in Chesterfield County and described as County Property Tax Parcel ID No. 718719298200000; and WHEREAS, in accordance with Va. Code, §58.1-3651 the Board has conducted a public hearing and considered each of the questions required to be considered before adopting an ordinance granting any such exemption; and WHEREAS, the Board has determined that the VSGA Foundation, Inc. meets the requirement for the real property tax exemption that it has requested by reason of its being a non- profit organization which uses the real property for which it is requesting the exemption for charitable, benevolent and playground purposes. NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 1. VSGA Foundation, Inc. is hereby designated a benevolent, non-profit organization within the context of Section 6(A)(6) of Article X of the Constitution of Virginia. 2. The real property located in Chesterfield County owned by the VSGA Foundation, Inc. and described as County Property Tax Parcel ID No. 718719298200000 is used by such organization exclusively for charitable, benevolent and playground purposes on a non- profit basis as set forth in Section 1 of this ordinance and is hereby determined to be exempt from local taxation up to a maximum amount of $5,000. This exemption shall be contingent on the continued use of the property in accordance with the purpose for which the organization is designated as exempt in Section 1. 3. This real property tax exemption shall be effective as of January 1, 2011. 4. This ordinance shall not be set out in the County Code but shall be kept on file in the offices of the real estate assessor and commissioner of revenue. 5. This ordinance shall be in effect immediately upon its adoption. 0~0? ~2 0505:84922.1 ~ ~; ~ " .° rte.,"4 5 pyy tg 6 ti ,. ~~ Y. V~~~l ~a~a~..~atic~r~, I .e '~95~9 ~i~~c~~~^r~c{ 5~~ir~c~ E F'o ~ 5~' ;' °,,. `' <,4, ~,x ° ~ ~~ ~~ Yonr• Cc nnnunit~~ Nen•sprrpcr Since 1995 P.O. Box 1616. Midlothian, Virginia 23113 • Phone: (804) 545-7500 • Fax: (804) 744-3269 • Email: new~chestcfieldobserveccom • Internet: www.chesterfieldobserver.com ADVERTISING AFFIDAVIT Client Description Ad Size Cost (per issue) Chesterfield County LN: VSGAFoundation 12-8 Board of Supervisors TAii~ NO'3'It:B .. Take Holies that tJfe >ter#Id of SnperKisors of ,Chester&W Vilt~,nia, at an aajonrtxd oo . ]}Somber 15, z9~it).-~' k.3tf`pan.,~. t#rse Public Meeting Rode at- tliae~-- (~ecfield boa' Building, Rt. 10 and Lori Road, ~, Yam will hold. a public p ~J' *, and prey their dews 'Ihe adoptiaa-Fof'a rewlution A a real estate ta: exemption for°. V5G Founslatfonv=~ '!~-organization is seelaag a ~ eaemptioii on a 22.777 atte. (Pared ~ No. 718719298200000), anted at k951 Huguen®t Sp ' Road: The . 2'l-.7'J7 aess gfu`eel f~ ch the aternption'is regnestad °~ assessed value of S590,300> leading to.an annual tau . of ifppr+dod~tiely 55,607.86. if fu;ther~ ia~fo+~rm~,~atiOA is dCSlre~~>,#pplease COAIaCt the """'•`7• - AlfArne~B O&Ce at 748-1491, between the hours of 8:30 a:at: to 5:00p.m., Monday through Friday. - . ' The hearing is held at a .public ~~ bS accessible to persons poisons with questions on the r~y of the facility-or need for r~ - acwmmodations should ©erlr<to the BoaFd, at 148-IZOQ Awas>ts aaeding ' refer 'services- for dsr deaf r~ ~ iht CierlC to the 1loarsl go latsr than Friday.. December 1Q, 2010. (SEAL) ,`,•y,,NHUq/~ll~,/ ,~~ GROpA '''~. rig •0~,~11EA( j. -. ~' •• t/ 1i ~ c ~~' 1:x~1R~s ° :. -~ s ~~ _ irTt162©~ ~~ .,~~ pT-•..:.• ova ~`~~ ~~~'''/~~R/Y l/1~~~```~~~ 1/lOP - 1.7 in. $206.94 The Observer, Inc. Publisher of CHESTERFIELD OBSERVER 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): 12/8/2010 (~~ Swo o and subscribed before me this ( day of .~~~'.P/GY) , 2010. Legal Affiant T, Grooms Jr., Notary Public My commission expires: February 29, 2012 Commission I.D. 7182093 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU. CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 7 of 2 AGENDA Meeting Date: December 15, 2010 Item Number: 18.A.5. Subject: Public Hearing to Consider the Real Estate Tax Exemption Requests of Richmond Kickers Youth Soccer Club, Incorporated County Administrator's Comments: County Administrator: Board Action Reques~e~': The Board of Supervisors is requested to consider the tax exemption requests of Richmond Kickers Youth Soccer Club, Inc. Summary of Information: Under Virginia law, real and personal property used for playground purposes may be classified as exempt from taxation by the Board of Supervisors. This year Richmond Kickers Youth Soccer Club, Inc. ("RKYSC"), anon-profit organization, has requested a tax exemption for four parcels used for playground purposes as youth soccer fields: a 1.106 acre parcel located at 05200 Ridgedale Parkway (Parcel No. 775689184000000); a 5.499 acre parcel located at 05300 Chippenham Crossing (Parcel No. 775689644800000); A 6.394 acre parcel located at 05240 Ridgedale Parkway (Parcel No. 775689297200000); and a 21.942 acre parcel located at 05241 Ridgedale Parkway (Parcel No. 774690750000000). A map of the parcels is attached. Preparers ~ Jeffrey L. Mincks_ Attachments: ^ Yes No Title: County Attorney 0505:84710.2 O~E~:? 33 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 The parcels, which are adjacent to each other and used as a single youth soccer complex site, known as Ukrop Park, are collectively assessed at $4,088,700, leading to an annual real estate tax of $38,842.65. The assessment exceeds the $5, 000 cap that the Board' s policy permits for the consideration of tax exemptions. Accordingly, to consider this request above $5,000, the Board would have to waive its policy by unanimous vote. Staff has reviewed the information that state law requires the Board to consider before granting an exemption and finds that the information, which is attached, is consistent with RKYSC's status as a non-profit organization operating playgrounds which are eligible for the tax exemption. The criteria that the Board must consider under state law are attached. Staff recommends that the Board only consider this request in an amount not to exceed $5,000. OQO7:~~ CRITERIA FOR CONSIDERING TAX EXEMPTION REQUESTS UNDER STATE LAW 1. Richmond Kickers Youth Soccer Club, Inc. is exempt from taxation pursuant to §501(c) of the Internal Revenue Code; 2. Richmond Kickers Youth Soccer Club, Inc. does not possess a current annual alcoholic beverage license for serving alcoholic beverages for use on the property; 3. No director of Richmond Kickers Youth Soccer Club, Inc. is paid any compensation for service to the corporation and its salaries are not in excess of reasonable salaries for services performed by the employees; 4. No part of the net earnings of Richmond Kickers Youth Soccer Club, Inc. inures to the benefit of any individual; 5. Richmond Kickers Youth Soccer Club, Inc. provide services for the common good of the public; and 6. Richmond Kickers Youth Soccer Club, Inc. does not attempt to influence legislation or intervene in any political campaign on behalf of any candidate for public office. 0505:84710.2 Ofl04~i5 AN ORDINANCE TO DESIGNATE REAL PROPERTY OWNED BY RICHMOND KICKERS YOUTH SOCCER CLUB, INCORPORATED TO BE EXEMPT FROM PROPERTY TAXATION WHEREAS, subsection 6(A)(6) of Article X of the Constitution of Virginia, on and after 3anuary 1, 2003, authorizes localities to designate as exempt from local taxation the real or personal property, or both, owned by anon-profit organization that uses such property for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes; and WHEREAS, the County has received a request from the Richmond Kickers Youth Soccer Club, Inc. to consider granting it a tax exemption for four specific pieces of real property in Chesterfield County and described as County Property Tax Parcels ID Nos. 77568918400000; 775689644800000;775689297200000;774690750000000; and WHEREAS, in accordance with Va. Code, §58.1-3651 the Board has conducted a public hearing and considered each of the questions required to be considered before adopting an ordinance granting any such exemption; and WHEREAS, the Board has determined that the Richmond Kickers Youth Soccer Club, Inc. meets the requirement for the real property tax exemption that it has requested by reason of its being anon-profit organization which uses the real property for which it is requesting the exemption for playground purposes. NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 1. The Richmond Kickers Youth Soccer Club, Inc. is hereby designated anon-profit organization within the context of Section 6(A)(6) of Article X of the Constitution of Virginia. 2. The real property located in Chesterfield County owned by the Richmond Kickers Youth Soccer Club, Inc, and described as County Property Tax Parcels ID Nos. 77568918400000; 775689644800000; 775689297200000; 774690750000000 is used by such organization exclusively for playground purposes on anon-profit basis as set forth in Section 1 of this ordinance and is hereby determined to be exempt from local taxation up to a maximum amount of $5,000. This exemption shall be contingent on the continued use of the property in accordance with the purpose for which the organization is designated as exempt in Section 1. 3. This real property tax exemption shall be effective as of January 1, 2011. 4. This ordinance shall not be set out in the County Code but shall be kept on file in the offices of the real estate assessor and commissioner of revenue. 5. This ordinance shall be in effect immediately upon its adoption. 007 ~~ 0505:84920.1 ~~,:; ~h.~:'v.. '. 9 ,' ~~~~~ Yan• Canunur~in~ Neirspuper Since 1995 P.U. Box 1616. Midlothian, Virginia 23113 • Phone: (804) 545-7500 • Fax: (804) 744-3269 • F,mail: news(~;chesterticldobserver.com • lnternct: w~ww.chesterficldohserver.com ADVERTISING AFFIDAVIT Client Description Ad Size Cost (per issue) Chesterfield County Board of Supervisors LN: RichmondKickers 12-8 1/lOP - .95 in. $225.94 The Observer, Inc. - TRICE NOTICE Tape notice lilac for Iyea!l d SYperviadrs oE;Chesterfidd C ~iri, ~ an uned~ meeting _ vn saber > d3, ~, at -6:30 pn-: iri ~e C4tnnty,Yublic ~ ~ orfula A~inistration Building, Itt 10 sud i.ozi Aoas1,. 'Chesser&eld, will halS a where anc~present their vie~vsconcerning: TLa adoption of a resoluutu>agcaffiing a real Mate tax exemption farltialtmoad Kickers YajNh Soccer Chib, h~ This organia~tign is ,seeiEing a tax exemption. an a 1.1Ob parcel .located + at 3200 Ridgedaie Patkway (Parcel No. 975689184000000); a 5.499 acre parcel 'loWUed at 3300 F~lippenham Crossing (Parcel No. 173689644800000);. a 6.394 -acre parcel located at;~240 ePatkwsy (Parcol No. 773$892972~~); .and `a 21.942. apre p~oel l at `5241 Ridgedale, Pattway (Parcel No. 774690730000000). Tire four parcels for which tiu exemption i3 requested at+e cellativelq asxssed at 54,088;700, leading >b an .annual tax of ap1~~+~~3!;538$42;63: If , infoemation is desire, ~,gprease ~e . C.eiuaty. Attorneys Once at 748-1441; lD.the hours~8:30 a.m. to S=OQ g.m:. MoncfiaY through Friday. 'Ihe; hearing is ~ held` at a public facility ` 1b be scceast'ble to persons with ,A~y pei`sons witlk questions on the acc;es~siln('tty of the facility or need for reasonable 4csommodatiana .should coact-~Ce Clerk ro liar-Board, ~ 748=13Y~ 6 service for t>,e ~' the Clerk io the 1la~d m lwr tllm, ~ y, Ikcember38, 2010. Publisher of CHESTERFIELD OBSERVER 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): 12/8/2010 Sworn to and subscribed before me this day of /~~ , 2010. Legal Affiant J T, Grooms Jr., Notary Public My commission expires: February 29, 2012 Commission I.D. 7182093 (SEAL) ,.•`'~~ , G R ~ D,y~'~% •~ ~~ :~,Yl E 4E l' ': ,y ., .~ ~ Ext.Afs °': 70 '~ : ~ e2-2l-12 . . ~ ' i71f20l~ ' -V. ~~,... A RY ...~. THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU. ~~ ., !~~ 1749 ~RGIN~' CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: December 15, 2010 Item Number: 18.A.6. Subject: Public Hearing to Consider the Personal Property Tax Exemption Request of the Cultural Center of India County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to consider the tax exemption request of the Cultural Center of India. Summary of Information: Under Virginia law, classified as exempt the Cultural Center office in Chesterf ie property located at Chester, VA 23836. personal property used for cultural purposes may be from taxation by the Board of Supervisors. This year of India ("CCI"~, a non-profit organization with an ld County, has requested a tax exemption for personal the CCI's cultural center, 6641 Ironbridge Parkway, CCI is a cultural, non-profit Virginia corporation, dedicated to the advancement and prosecution of Indian culture. In 2009, it maintained personal property assessed at $19,622, leading to a tax of $777.04. The assessment is below the $5,000 cap that the Board's policy permits for the Preparers Jeffrey L. Mincks Attachments: ^ Yes ^ No ooo~~s Title: County Attorney 0505:84712.2 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA consideration of tax exemptions. Staff has reviewed the information that state law requires the Board to consider before granting an exemption and finds that the information is consistent with CCI's status as a cultural, non-profit organization that is eligible for the tax exemption. The criteria that the Board must consider under state law are attached. ~~~ ~~ CRITERIA FOR CONSIDERING TAX EXEMPTION REQUESTS UNDER STATE LAW 1. The Cultural Center of India is exempt from taxation pursuant to ~501(c) of the Internal Revenue Code; 2. The Cultural Center of India does not possess a current annual alcoholic beverage license for serving alcoholic beverages for use on the property; 3. No director of the Cultural Center of India is paid any compensation for service to the corporation and its salaries are not in excess of reasonable salaries for services performed by the employees; 4. No part of the net earnings of the Cultural Center of India inures to the benefit of any individual; 5. The Cultural Center of India provide services for the common good of the public ; and 6. The Cultural Center of India does not attempt to influence legislation or intervene in any political campaign on behalf of any candidate for public office . 0505:84712.2 AN ORDINANCE TO DESIGNATE REAL PROPERTY OWNED BY CULTURAL CENTER OF INDIA TO BE EXEMPT FROM PROPERTY TAXATION WHEREAS, subsection 6(A)(6) of Article X of the Constitution of Virginia, on and after January 1, 2003, authorizes localities to designate as exempt from local taxation the real or personal property, or both, owned by anon-profit organization that uses such property for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes; and WHEREAS, the County has received a request from the Cultural Center of India to consider granting it a tax exemption for personal property located at the CCI's cultural center, 6641 Ironbridge Parkway, Chester, Virginia 23836; and WHEREAS, in accordance with Va. Code, §58.1-3651 the Board has conducted a public hearing and considered each of the questions required to be considered before adopting an ordinance granting any such exemption; and WHEREAS, the Board has determined that the Cultural Center of India meets the requirement for the personal property tax exemption that it has requested by reason of its being a cultural, non-profit organization which uses the personal property for which it is requesting the exemption for cultural purposes. NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 1. The Cultural Center of India is hereby designated anon-profit organization within the context of Section 6(A)(6) of Article X of the Constitution of Virginia. 2. The personal property of the Cultural Center of India located at 6641 Ironbridge Parkway, Chester, Virginia 23836 in Chesterfield County owned by the Cultural Center of India is used by such organization exclusively for cultural purposes on anon-profit basis as set forth in Section 1 of this ordinance and is hereby determined to be exempt from local taxation. This exemption shall be contingent on the continued use of the property in accordance with the purpose for which the organization is designated as exempt in Section 1. 3. This personal property tax exemption shall be effective as of January 1, 2011. 4. This ordinance shall not be set out in the County Code but shall be kept on file in the offices of the real estate assessor and commissioner of revenue. 5. This ordinance shall be in effect immediately upon its adoption. o~~a~a 0505:84924.1 ee^ >~ `~ I ~ ~ ~ ~~~~~ Your Conrnrunin~ i4cri•spapcr• Sinc•c /995 P.O. Box 1616. Midlothian, Virginia 33113 • Phone: (RU4) 545-7>UU • Fax: (8041744-3369 • Email: news((n;chcstertieldobserveccom • Internet: www.chesterfieldobserver.com ADVERTISING AFFIDAVIT Client Description Ad Size Cost (per issue) Chesterfield County LN: CulturalCenter 12-8 1/lOP - 1.9 in. Board of Supervisors $201.88 The Observer, Inc. Publisher of TA1CB NO'1K1~ Take notice fdt 11e )se~eel of 9tepetiisors of Chewpr&li ~. ~ an adjonred_ , er i)~oeeebez 25, 2@I0, ~ ~ ~: ~;~ r,~cr Public ~`~: Admultsersi S•, Rt. m ae-d Lori go,~, virgmn will hold a, ~~ 'Ihe adoption df ai resolution granting a r~ ~ Ilia. motion ~is; aemptioa 'for personal Ff . at the GGTrs . cultural ~~~i~x is astetKd at 519,622, leading to a tag of ~577~(14, _ . If further information is desired, contact, the C.ouelty~Attorne~s Q 748-149L.beLr~ . hours of 8:30 a.m. to 5:01} p.m;, It~fondag through Friday The hearing is hdd at a .public ~r dd~~to 6e accessible to persons wt persons with •questions en the ea~~Y of the ~Y or need {or ~ accernmo~tio~ .should. conm~x Jae: lilatjcg Clerk do the Board, 48.2100. Triltaees nere~ ~ eter roc the deaf aaaet the: Gierk it tlse net Llrer t~nn~riday, December m,.1sl~ CHESTERFIELD OBSERVER 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): 12/8/2010 G~ Sworn to d subscribed before me this / day of t~~ ,~{~ , 2010. Legal Affiant es T, Grooms Jr., Not ublic My commission expires: February 29, 2012 Commission I.D. 7182093 ;,,,r,r,,,r,,,.,,, Il ' .~ © - ,s ~~ p OF • •.•Ji 's C9~~ K . ~ ~ • .fir ~ ~. N ~ : ~- •••. ` •b V~~• • Q~ THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU. CHESTERFIELD COUNTY 3 BOARD OF SUPERVISORS Page 1 of 2 ~ ~ AGENDA Meeting Date: December 15, 2010 Item Number: 18.A.7. Subject: Public Hearing to Consider the Tax Exemption Request of Richmond Battlefields Association, Incorporated County Administrator's Comments: County Administrator: Board Action Request The Board of Supervisors is requested to consider the tax exemption requests of Richmond Battlefields Association, Inc. Summary of Information: Under Virginia law, real and personal property used for historical purposes may be designated as exempt from taxation by the Board of Supervisors. This year Richmond Battlefields Association, Inc. ("RBAI"), an organization dedicated to the preservation of historically significant sites, has requested a tax exemption for a 1.69 acre parcel (Parcel No. 804652978500000), located at 13011 Ramblewood Drive. The land, which is currently unimproved, is the site of the historic Ware Bottom Church and still contains a cemetery with graves dating back to colonial times. The land is also the site of a portion of the "Howlett Line," which was the Confederate defense line for much of the latter part of the Civil War. A map of the parcel is attached. The parcel is assessed at $24,100, leading to an annual real estate tax of Preparers ~ Jeffrey L. Mincks_ Attachments: ^ Yes ^ No Title: County Attorney 0505:84705.2 o~o1~z CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA $228.96. The assessment is below the $5,000 cap that the Board's policy permits for the consideration of tax exemptions. Staff has reviewed the information that state law requires the Board to consider before granting an exemption and finds that the information is consistent with RBAI's status as a historical organization that is eligible for the tax exemption. The criteria that the Board must consider under state law are attached. OOO~t~.a CRITERIA FOR CONSIDERING TAX EXEMPTION REQUESTS UNDER STATE LAW 1. Richmond Battlefields Association, Inc. is exempt from taxation pursuant to §501(c) of the Internal Revenue Code; 2. Richmond Battlefields Association, Inc. does not possess a current annual alcoholic beverage license for serving alcoholic beverages for use on the property; 3. No director of Richmond Battlefields Association, Inc. is paid any compensation for service to the corporation and its salaries are not in excess of reasonable salaries for services performed by the employees; 4. No part of the net earnings of Richmond Battlefields Association, Inc. inures to the benefit of any individual; 5. Richmond Battlefields Association, Inc. provide services for the common good of the public; and 6. Richmond Battlefields Association, Inc. does not attempt to influence legislation or intervene in any political campaign on behalf of any candidate for public office. 0505:84705.2 000.44 AN ORDINANCE TO DESIGNATE REAL PROPERTY OWNED BY RICHMOND BATTLEFIELDS ASSOCIATION, INC. TO BE EXEMPT FROM PROPERTY TAXATION WHEREAS, subsection 6(A)(6) of Article X of the Constitution of Virginia, on and after January 1, 2003, authorizes localities to designate as exempt from local taxation the real or personal property, or both, owned by anon-profit organization that uses such property for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes; and WHEREAS, the County has received a request from the Richmond Battlefields Association, Inc. to consider granting it a tax exemption for a specific piece of real property owned by it in Chesterfield County and described as County Property Tax Parcel ID No. 804652978500000;and WHEREAS, in accordance with Va. Code, §58.1-3651 the Board has conducted a public hearing and considered each of the questions required to be considered before adopting an ordinance granting any such exemption; and WHEREAS, the Board has determined that the Richmond Battlefields Association, Inc. meets the requirement for the real property tax exemption that it has requested by reason of its being anon-profit organization which uses the real property for which it is requesting the exemption for historical purposes. NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 1. The Richmond Battlefields Association, Inc. is hereby designated a historical organization within the context of Section 6(A)(6) of Article X of the Constitution of Virginia. 2. The real property located in Chesterfield County owned by the Richmond Battlefields Association, Inc. and described as County Property Tax Parcel ID No. 804652978500000 is used by such organization exclusively for historical purposes on a non- profit basis as set forth in Section 1 of this ordinance and is hereby determined to be exempt from local taxation. This exemption shall be contingent on the continued use of the property in accordance with the purpose for which the organization is designated as exempt in Section 1. 3 . This real property tax exemption shall be effective as of January 1, 2011. 4. This ordinance shall not be set out in the County Code but shall be kept on file in the offices of the real estate assessor and commissioner of revenue. 5. This ordinance shall be in effect immediately upon its adoption. ~~~~ 0505.84928.1 t~~~~~~ ~' ~~~ ~~~~~~ Your Con»nunim Neiti•spaper Sinct• 1995 PO. Box 1616. Midlothian. Virginia 23113 • Phone: (8041545-7500 • Fax: (804) 744-326) • Email: ncw~chesterficldobserveccom • Internet: w'ww.chesterfieldobserver.com ADVERTISING AFFIDAVIT Client Description Ad Size Cost (per issue) Chesterfield County Board of Supervisors LN: RichmondBattlefields 1/lOP - 1.7 in. $206.94 12-8 The Observer, Inc. Take notltae $~tt lie )ta~riittsr~+nwrs" of Che#wiifi "~1t ~~~~ ~~~ ~ -' Maetittg Room at "the Chesterfield Admiaistrapjon ~uildia~, Rt 10 and I:aari ia.~latd a ~i~ . and. presern theh+vi~ws to~rning:" "Ilu adoption af' a resolution giantit~g a meal. est~e tar eirsmption foe" "Richmond Bgttlefretds As~oaation, tnoorporated: 11~is orgatrezation` is seeldag a taz enemption -~ a 1,69 acre -F~~ (Parcel No. 8l>46529'l8590000j, located; at 13011 Rambfew!ood Drive. 'Ihe `1.69 arse parcel fin which the " on is rPgttested hag a& assessal.vatue of`524,1QO, leading to an amoral taz of appmzimately 5228:%. If ;fiuther `information is desired, eon" tht. ~Y` !!#omeey's O 748>149L betvwe~ the hours ~' 8:~0 s.m to 5:00 pm., Monday through Friday. the.., is held' at g public facility na be aceessIble to "persons with persons with: questions en the its of the T o;. Geed fcta reasonable accoaunodatio~ns shottl~. cgatact Janice B~fdry, Cle~c>to tht Bwrd, ~->zw. FesseAC rteediefi ser~iues fa tie deb' mwc the C3erk to e>Vs Dwtd m Leer tltr,." y, T)etember l~ ]910: " Publisher of CHESTERFIELD OBSERVER 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): 12/8/2010 Sworn d subscribed before me this day of ~ ~,wl~~ ~~ , 2010. Legal Affiant es T, rooms Jr., tary Public My commission expires: February 29, 2012 Commission I.D. 7182093 ,. ~, 4, ..' r~~ THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU. ~'~°a ~~ :,- - 1749 ~RG1N~' CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: December 15, 2010 Item Number: 18.B. Subject: Public Hearing for Zoning Ordinance Amendment Relating to Accessory Building Sizes and Setbacks in Residential and Certain Manufactured or Mobile Home Districts County Administrator's Comments: County Administrator: Board Action Reque Board of Supervisors to conduct a public hearing to consider amending the Code of the County of Chesterfield, 1997, as amended, by amending and re- enacting Section 19-555 and adding Section 19-555.1 of the Zoning Ordinance relating to accessory building sizes and setbacks in residential and certain MH districts. Summary of Information: The Planning Commission initiated this zoning ordinance amendment to reduce the impact of very large accessory structures being constructed in residential zoning districts. At their October 19, 2010 public hearing, the Planning Commission recommended approval of the attached Ordinance Amendment. This proposed Zoning Ordinance amendment would place additional restrictions on permitted accessory structures in residential and certain mobile home zoning districts. More specifically, a maximum gross square footage would be regulated for all accessory structures located on a lot or parcel. In addition, accessory structures larger than 1,000 gross square feet would have greater setback requirements imposed upon them. Preparers Kirkland A. Turner Attachments: ^ Yes ~ No Title: Director of Planning O CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page2of2 To reduce the impact of large accessory structures adjacent to adjoining properties, staff has included Sec. 19-555(67 that increases setbacks for accessory structures with a gross square footage of 1,000 square feet or greater. Setbacks for the side and rear yard would match the required setback requirements for the primary dwelling unit on the lot or parcel. Accessory structure setbacks for the front and corner side yards, outlined in current Secs.19-555 (1) and 19-555 (3} , would still apply to structures 1, 000 square feet or greater in gross square footage. The proposed amendment, Sec. 19-555.1, would limit the gross square footage of all accessory buildings to not exceed the size of the gross square footage, excluding basements, of the primary dwelling on the lot or parcel. Accessory structures located in residential townhouse or agriculturally zoned lots or parcels will not be impacted by the regulation of this proposed amendment. SYNOPSIS OF PROPOSED AMENDMENT • Address the setback requirements for a large accessory building that has a similar impact as the primary dwelling to the adjoining property. • Tie the gross square footage of accessory structures to the primary dwelling to establish a reasonable scale between the buildings in their residential setting. ooo~~~ AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 19-555 AND ADDING SECTION 19-555.1 OF THE ZONING ORDINANCE RELATING TO ACCESSORY BUILDING SIZES AND SETBACKS IN RESIDENTIAL AND CERTAIN MH DISTRICTS. BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 19-SSS of the Code o the County o Chester geld, 1997, is amended and re- enacted and Section 19-555.1 is added to read as follows: Chapter 19 ZONING 000 ARTICLE VII. DEVELOPMENT STANDARDS MANUAL 000 DIVISION 2. DEVELOPMENTREQUIREMENTS-RESIDENTIAL, TOWNHOUSE RESIDENTIAL, MULTIFAMILY RESIDENTIAL AND AGRICULURAL 000 Sec. 19-555. Required yards for accessory buildings and structures in R, R-TH, MH and A Districts. Except as indicated in this section, the yard requirements for permitted uses shall apply to the accessory buildings and structures. 000 In R and MH Districts, accessory buildin s 1,000 square feet or larger ross square footage shall be required to meet the required side and rear yard setback for the primarX dwelling unit on the lot or parcel. Accessory buildin s 1,000 square feet or lar eg r in ross square footage shall meet the required front yard and corner side yard setback for accessory buildings, as outlined in sections 19-555(1) and 19-555(3). 000 Sec. 19-555.1 Maximum gross square footage for accessory buildings and structures in R and MH-2 Districts. In R and MH-2 Districts, the gross square footage of all accessory buildings shall not exceed the -ross square footage, excluding basements, of the primar dwelling on the lot or parcel. (2) That this ordinance shall become effective immediately upon adoption. 1928:84471.1 ~ ~'~ ~'' ~~ `~ ~' ~~ '': ~ ~ ~ Ymn- Conunrrnit ~ Nnw•s u ~ r inr / 99 P.U. Box 1616. Midlothian. Virginia 23113 • Phone: (R04) 545-7500 • Fax: (R04) 744-3269 • Email: news(a`chesteficldobserveccom • hucrnet: www.chestertieldohserver.crnn ADVERTISING AFFIDAVIT Client Description Ad Size Cost (per issue) Chesterfield County LN: AccessoryBuildings Board of Supervisors 12-1, 8 TAli;81 "Ta[ip notice that dte De,~d d Stipervisors of ~ carry v}e~a, ~ an ~ljourned , a. Deosaa`ber 15, 2010, at t%30 pm.< rrt the Coonty. Pubtu Meeting Rt+o~i ~ the C~tertield -Ardministtation Bglldis~> itt. 10.9txi Lori Read. V;~i~'wlll hold. a 1 ~"bite P1~+~i ~r appear a~ psaaltlt ~a ce~arailaF 9n eNita~oe to amend file code of the t;owriraf liN7; r aanied, ~5 ~aSCtion 19- Si~ the zoning ardinance relating to bu~'1dio~ sizes and ~etbaclcs is . (It) andc~taia iv~1'lome (Nlli ) ' districts- ~ R turd Ml•Ldiati'1cta, :the +roatld: (f3iegreasethecyirrent rear and yard :dbackas &n ~:,txio fart or greeter tD the setbacb-:for the priaaEd~ t>>rlotor and' (2} stub ao~ssoa}• b to sec t>~ frame era v~ner' side yard in se4tions 19 8e 19-555(3 .and MH-2 districts,. the t would require that the gross square footage of all - aceesadrye6eeitdiogs ,on s bt or parcel not exceed ihh gross square foota8e; excluding basements, of the primary dwelling. ThexHn~ ordinance amendment. is for .examination by the public in the planning Department aY the C)xaterfieM County Community Develvpmera 9 Government Cmter< parkr+rayestesSdd> Virginia and .at the Connty ~dmimstrator's t?ffiice (Room 305) at the Chesterfidd_ County Adqunstratiori. Building for public exarioitiafl~ doling ragulac .- busidess hours> 8:30 p.m. ~ 5~6 pm. Monday. through Prida}~ The hearing is held at a public facility d~~to be aux;sible-to penwes with die faa~ln' y or ~ need. for reasodable acc~modatione shouts oontact:Jaeigt "Blaldey, Ckrlc to the. Board, -: at 7~8-1200. P deeding ' refer setr4cea far flee dsaiE gistit danu~ e clerk. to the >*.~a m we: thae y, December 10. 2010. 1/1 OP + .52 in. $274.06 The Observer, Inc. Publisher of CHESTERFIELD OBSERVER 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): 12/1/2010 & 12/8/2010 Sworn t d subscribed before me this day of 2010. Legal Affiant T, Grooms Jr., Notary My commission expires: February 29, 2012 Commission I.D. 7182093 (SEAL) 14/: ~j 4~ ~ ~ :711209' s'+ ~.. t.. : 's -'- ~''---a\ ~ ~p r rA ttY Qv -,,,~tr,,,,,~,,~~ THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: December 15, 2010 Item Number: 18.C. Subject: Public Hearing to Amend the Subdivision Ordinance Relating to Subdivisions "Not For Residential Use" County Administrator's Comments: County Administrator: Board Action Requ Board of Supervisors to conduct a public hearing to consider amending the Code of the County of Chesterfield, 1997, as amended, by amending and re- enacting Section 17-44 of the Subdivision Ordinance relating to parcels subdivision that are not intended for residential use. Summary of Information: At their October 19, 2010 public hearing, the Planning Commission recommended approval of the attached subdivision ordinance amendment. Divisions of property for non-residential uses (e.g., commercial, industrial and office uses) are exempt, from the requirements of the subdivision ordinance. Currently, the ordinance provides that owners of such property may use a "Not for Residential use" certification that is intended to allow such owners to record parcel divisions with the Clerk of the Circuit Court without obtaining subdivision approval from the County. This certification is also available to owners of Residential and Agricultural zoned property when the property division is not for residential use (e.g., a church use). However, a small percentage of land owners with Agricultural and Residential zoned property are improperly using the "Not for Residential Use" certification to divide property without County review and approval and Preparers Kirkland A. Turner Attachments: ^ Yes ^ No #oao:~~o Title: Director of Planning O CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page2of2 thereby create lots that are not legal for residential uses. Innocent purchasers of such parcels are then faced with time-consuming and costly processes in order to fix the problem and to obtain a residential building permit on their property. The purpose of the proposed amendment is to help prevent the creation of these types of illegal subdivisions on residential and agricultural zoned property. For Residential and Agricultural zoned property, the amendment would add the requirement of a county verification and signature block on proposed parcel plats that use the "Not for Residential Use" certification, thereby more clearly distinguishing qualifying plats at time of recordation by the Clerk of the Court. Owners of property zoned Office, Commercial or Industrial with nonresidential uses may continue recording parcel splits at the Clerk of the Circuit Court without county review and approval. SYNOPSIS OF PROPOSED AMENDMENT • Identifies the zoning of the parcel to be recorded. • For Agricultural and Residentially zoned parcels, certifies through signature of the parcel owner and County staff that the creation of the parcel is "Not for Residential Use". • Clarifies that no parcel modified by this plat process may be used for residential purposes until the parcel is approved through a subsequent subdivision process in accordance with the requirements of the Subdivision Ordinance. ooo~~a AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 17-44 OF THE SUBDIVISION ORDINANCE RELATING TO PARCEL SUBDIVISIONS THAT ARE NOT INTENDED FOR RESIDENTIAL USE. BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 17-44 of the Code of the County o Chester geld, 1997, as amended, is amended and re-enacted to read as follows: Chapter 17 000 Sec.17-44. General. (a) Any plat for nonresidential usage shall be prominently labeled by the subdivider "Not for residential use" and shall include the following statement: "I, (INSERT NAME) affirm that I am the owner of the property depicted on this plat and do hereby affirm that the sale/transfer of this property is not for purposes of creating a parcel for residential use. This property is zoned ,INSERT ZONING DISTRICT). With respect to A rig cultural~A) and Residential (R) zoning districts, the Chesterfield County Planning Department has verified with the property owner that this parcel creation is for non residential uses." (PROVIDE DATE AND SIGNATURE LINES FOR OWNER AND PLANNING DEPARTMENT REPRESENTATIVE). With this note, the plat will not be subj ect to a review in accordance with this division. No residential building permit will be approved on plats so labeled. No parcel or lot modified by this plat process, including a residual parcel or lot, may be used for residential purposes, until it is approved through a subsequent subdivision process in accordance with this chapter. No parcel plat shall be recorded that does not have these statements or does not comply with (b). 000 (2) That this ordinance shall become effective immediately upon adoption. ,~ ~ ~. 1928.84190.1 ', ~v ? I ~ ~ ~ ~~~~~ Yoro• Cr mmunit~ ~ etii•spupcr Since 1995 P.O. Box 1616. Midlothian, Virginia 23113 • Phone: (804) 545-7500 • Fax: (8041744-3269 • F.mail: news(~chestenc~ldobserveecom • hitemct: www.chesterfieldobservcr.com ADVERTISING AFFIDAVIT Client Description Ad Size Cost (per issue) Chesterfield County Board of Supervisors Take notice f1Wt ~tR ~aaatd e[34pei'virors of Cheata~eid C~trsiX at an 201a~ 0, amt 6 t11t~B~rcS~ u...:.... v....,.., ~« a,.~ (7...~.rGrlrt narnc Road, An orp die nce~to .aznend~~, of the County of Chesterfield, 1997, as amended, by amending and rye-ermcting section 1?- 44ofthe st>bdtvision Ordinance rdo .drat are pot d r uee.. '>~e am~endmeat ~~nld t~quae a op the pared Plat which: 1`(t) ides the t9or~nq~ef tl~ parcek jii) for Agricollxiral and i~ identialt~ zoned parcels, cer~ies through signature of the "parcel owner: avd -the County that the of the parcel is vet 6or r+eaidgt<ial use, that no pared modii~ed by this may be,taed for residential fhe pared is slrpzoved tluou8lr a svbdf~isiov process in accordance ' 'the requirements of the subdivision E?e+idnaac~a. The vrooosed oedlnawu amendment LN: ParcelSubdivisions 1/lOP $250.00 12-1, 8 Lori Id a The Observer, Inc. Publisher of CHESTERFIELD OBSERVER 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): 12/1/2010 & 12/8/2010 Sworn to and subscribed before me this ~ day of ,. _... _ is availaME for •ara~on by the public is -the Phxn>i~ I2ep+nrtrnent at .the Chesterfield County Community Developffient Bujl_ , 9800 Government Center- Parkway,' Westerfield, Virginia and at the Countyty Administrator's Office f Room 3(15) aC the Chesterfield County Administration Building,' for • public examination, during regular ,business ' hours, 8:30 a.m. to 5:00 p.m. lvionday through Friday. The hearing is held at a public facility d~~ to be accea'sible to persons with . es. persons with questions on the accessibility of the facility or the need . for reasonabk accommodations should contact Ja,iice Blakley, Cleric to the Boatel; to 719-t16f1: Peraeet needing interprelec a~arrloes iqr tLe deaf must notify' - the :Clerk to tit lio~+d ne Taber than Friday, Decemblpk#1,~1@. P ~ ,Pi/ , 2010. Legal Affiant J s ' My commission expires: February 29, 2012 Commission I.D. 7182093 ,Grooms Jr., Notary (SEAL) a'`~S~O~,YIEA~ j,~tf'~~~'-; ~ ' ~ EXr1~ES y~ ; ~ 'd : ~ 02-29-12 : ~ ~ '; ~71g2093 ~Z ~ .~. l~ R Y pv THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU. CHESTERFIELD COUNTY ~~ BOARD OF SUPERVISORS Page 7 of 1 !,,~~! AGENDA Meeting Date: December 15, 2010 Item Number: 21. Sub'ect: Adjournment and Notice of Next Scheduled Meeting of the Board of Supervisors County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Motion of adjournment and notice of joint meeting of the Board of Supervisors, Planning Commission and School Board to be held on January 12, 2011 at 1:00 p.m. at the Eanes-Pittman Public Safety Training Center regarding the Comprehensive Plan, followed by the regularly scheduled Board of Supervisors meeting at 3 p.m. in the Public Meeting Room. Preparers Janice Blaklev Attachments: ^ Yes Title: Clerk to the Board ~~ !~ ~4 n ~1~,~