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07-22-1992 PacketCHESTERFI ELD COUNTY BOARD OF SUPERVISORS AGE NDA L. MEETING DATE: July 22. 1992 ITEM NUMBER' SUB4~CT: Resolution Recognizing Wiima P. Bates Upon Her Retirement Son, COUNTY ADMINISTRATOR'S COMMENTS~. SUMMARY OF INFORMATION: WHEREAS, Wiima P. Bates will retire from the Juvenile Detention Home, Chesterfield county, on August i, 1992; and W~EREAS, Mrs. Bates, throughout her nineteen years of service has been a dedicated employee, recognizing the importance of food service, preparing and serving excellent meals daily; and WHEREAS, Mrs. Bates has consistently received praise from health officials and visitors regarding the quality of the meals and the cleanliness of the kitchen; and WHEREAS, Mrs. Bates' extra effort to make the holidays a special occasion by preparing and serving excellent meals was always appreciated; and WHEREAS, Mrs. Bates willingness to help others, her pleasant personality and positive attitude were reflected in the quality of her work; and ATTACHMENTS: YES I"1 NO B PREPARED SY~'-~ Frederick W. ~iilis, Jr., ~'rector Human Resource Management BOS-9891 SIGNATURE: COUNTY ADM I NI STRATOR 00 Page 2 Subject: Resolution Recognizing Mrs. Wiima P. Bates Upon Her Retirement WHEREAS, Mrs. Bates' friends and co-workers wish her good luck and good health in her retirement; and W~EREAS, the Board of Supervisors will miss Wiima diligent service to the citizens of Chesterfield County. P. Bates~ NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors publicly recognizes Mrs. Bates and extends on behalf of its members and the citizens of Chesterfield County their appreciation for her dedicated and diligent service to the County and extends best wishes to her in her retirement. BE iT FURTHER RESOLVED, that a copy of this Resolution be presented to Mrs. Bates and that this Resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. O0 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE: July 22, 1992 ITEM NUMBER: 5oBo Resolution Recognizing O. E. "Buster" Greene Upon His Retirement COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION WHEREAS, O. E. "Buster" Greene retired from the Chesterfield County Police Department on July 1, 1992, having provided over 35 years of quality service to the citizens of Chesterfield County; and WHEREAS, O. E. "Buster" Greene has served the County in the capacity of Patrol officer, Detective, Detective Sergeant, and Lieutenant, and has, for many years, been involved in the investigation of many major crimes; and WHEREAS, O. E. "Buster" Greene has significantly impacted the safety of the community by causing the arrest of major criminals during his long tenure as a Supervisor and Commander in the Forensic Unit within the Police Department, and has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and ATTACHMENTS: YES C~] NO ~ Frederick W. Will~, Jr. Director, Human Resource Management SIGNATURE: 0003 COUNTY ADM I NI STRATOR BOS-9891 Resolution Recognizing O. E. "Buster" Greene ~on His Retirement WHEREAS, Chesterfield County and the Board of Supervisors will miss O. E. "Buster" Greene's diligent service. NOW, Therefore, Be It Resolved, that this Board of Supervisors publicly recognized O. E. "Buster" Greene, and extends on behalf of its members and the citizens of Chesterfield County their appreciation for his service to the County. And, Be It Further Resolved, that a copy of this Resolution be presented to O. E. "Buster" Greene and that this Resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County. 0004 CHESTERFIELD .COUNTY BOARD OF SUPERVISORS AG E NDA MEETING DATE: July 22, 1992 ITEM NUMBER: 5oCo ,~JB4ECT: Resolution Recognizing August 1, 1992 as "NAACP civil Rights Hall of Fame Day" and the Month of August as "Civil Rights Month" COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Mr. Daniel has requested the Board adopt a resolution recognizing August 1, 1992 as "NAACP Civil Rights Hall of Fame Day" and the month of August as "civil Rights Month". See attached. ATTACHMENTS: YES · NO ~ PRER~ED BY: d~ 777. b~- Theresa M. Pitts, Acting Clerk to the Board of Supervisors SIGNATURE: 0,5 RECOGNIZING AUGUST 1, 1992 AS NAACP WCML RIGHTS HAIJ. OF FAME DAYw AND THE MONTH OF AUGUST A~ WCML RIGHTS MONTH~ WT~d~%S, the Virginia State Conference of the National Association for the Advancement of Colored People holds its Premiere Annual Civil Rights Hall of Fame in the City of Richmond, Virginia, on August 1, 1992; and WHEREAS, the reason for this year's Hall of Fame Induction Ceremony is to recognize the many unsung heroes and heroines in Virginia that paved the way toward "Desegregation"; and W~[~%S, Virginia has been the sleeping giant, ignored for decades, even though it was the center of the movement and the focal point of the struggle against Massive Resistance and Separate but Unequal; and WHEREAS, the purpose of the National Association for the Advancement of Colored People is to secure unto all citizens the blessings of liberty within the framework of the Constitution of the United States. NOW, THEREFORE BE IT RESOL~, that the Chesterfield County Board of Supervisors does hereby recognize August 1, 1992 as "NAACP Civil Rights Hall of Fame Day" and the month of August as "civil Rights Month" and to reaffirm the total commitment of all of our citizens to the ideal of liberty and justice for all. 0006 CHESTERFI ELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE:July 22, 1992 ITEM NUMBER: ~,UBJECT: work Session on Recommendat'~ons for Jail l~dd:TLt:ion Project: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OFINFORMATION: Staff recommends: 1) authorizing the County Administrator to enter into a lease purchase agreement totaling $3.1 million for the Jail Addition project, and 2) set a date for a public hearing for August 26, 1992 to consider the appropriation of $3.1 million for the Jail Addition Project. On May 13, 1992 staff made a work session presentation of regional and local jail needs which recommended that the County proceed with the regional jail project and provide the Board with a recommended solution to handle the County's jail needs. A team comprised of Budget, Planning, General Services, and Sheriff's staff have reviewed the options presented to the Board to determine the most economical and practical solution to solve the County's local jail needs. The team looked at security issues, inmate population trends, adjacent land uses, construction and financing costs, site utility needs, and physical exercise and programming needs of the existing jail. Staff recommends the construction building totaling 21,000 square feet. bed space for 96 inmates and 15 offenders. ATTACHMENTS: YES · NO [] of a pre-engineered metal This will provide dormitory confined cells for serious Bradford S. Hammer Deputy County Administrator for Management Services SIGNATURE: COUNTY ADMINISTRATOR 000 Work Session on Recommendations for Jail Addition Project July 22, 1992 Page 2 Space will be provided to handle the programming needs of the existing jail and new exercise areas which are currently inadequate or not available. The cost of project is $3.1 million. This includes all construction, architectural, engineering, construction management, site development, utility and furnishings costs. The source of funds for this project will be a lease purchase for a term of 10 years. The annual debt service is estimated to be $505,300. Design and construction will take approximately 12 months. Attached is an outline of the presentation for the work session. BUDGET /~ND NANAGEMENT COMMENTS The gross operating budget impact of this action for FY94 is estimated at $1,526,800 for personnel, operating, capital and debt expenditures. The net cost will be about $1,040,800 if the Compensation Board reimburses personnel expenditures. Funds will have to be identified in the FY 94 operating budget to cover this impact. It should be noted that this lease purchase will be considered when determining available debt capacity for the county in future years. Further, in FY94, the county's projected debt service to expenditures ratio will increase from 12.24% to 12.38% if this action is approved. /~es Jt~. Stegma~r, Director dget and Management BSH.ajc.agenda.19 Attachments 0008 I.V. HARRIS ANE ASSO( IATI S, INC. ARCHITECTURAL PROGRAM 100 BED ANNEX CHESTERFIELD COUNTY JAIL Assumptions: 1, 2. 3, 4, 5. Annex to hold 96 inmates + 15 Special Management = 111 Beds. Annex to hold all of the females, plus work release and trustees. Annex to be fed from central kitchen to dayrooms. Since females relocated, need to Include new central laundry adequately sized. Since additional property storage space needed, Include in building. Use existing shed for miscellaneous jail storage. Add satellite medical unit. Minimum space for exam, office, dispensary. Existing medical remains as is, Staff moves to inmates rather than inmates to existing medical, except for denial and special procedures. Even though significant deficiencies exist, no changes are proposed for existing intake booking. Program does not attempt to correct any other deficiencies at the jail. Housinq; Medium/Minimum Security 100 beds in dorms (100 x 85) Toilets/Showers Special Management 15 cells (~ 70 $.F, Beyroom/Shower/Mi$cellaneous Janitor Closets/Storage Space Proqram 8528 S.F, 1280 S.F, 1050 350 96 O0 O 9 Supp__0rt Space: Multipurpose Library (satellite) Office Crreatment Programs) Office (Security) Counselor Group Counseling/Treatment Control Stations Storage Property Linen/Clothing Security/Miscellaneous UedlcaJ (sate~e) Office Nurse/Dispensary Exam Laundry Visiting (10 non-contact) Attorney Visiting (2 @ 48) Serving, Storage, Refrigeration Circulation, mechanical, wall thlck space @4o% +/. Total Square Footage 6OO 209 105 122 81 202 200 778 284 515 888 96 278 15,662 S,F. 6,227 21889 $.F.** D.O.C. recommended $.F. per Inmate for a jail of this size is 3,50400. Minimum S.F. suggested by this program is 228 7/10/92 O0 0lo (CRIMINAL JUSTICE AR(CHITF--CTS AND PROGRAM (CONSULTANTS [] VIRGINIA BEACH [] RICHMOND [] STUDY 100 BED JAIL ANNEX (Minimum Security) CHESTERFIELD COUNTY July 13, 1992 O0 011 Reply To: [] 329 Office Square Lane ~,,' Suite200 ~ Virginia Beach, Virginia23462 ,~ 804/499-8628 *: FAX 804/671-7757 [] 536 Granite Avenue ,~ Richmond, Virginia 23226 * 804/285-2077 ~ FAX 804/285-2079 JULY 16, 1992 CHESTERFIELD COUNTY ' PROJECTED JAIL BED NEEDS YEAR 1992 1 993 1994 1995 1996 1997 1998 1999 2000 PROJECTED PEAK BED NEED 418 487 557 627 639 650 661 671 688 EXISTING COUNTY JAIL RIVERSIDE REG DEFICIT/ CAPACITY ~ 120°/o CAPACITY SURPLUS 185 273 PHASE 1 !i!!!!!!ii!iiiiiii!iiiiiiii;iii~ii~i!iii;ii O0 012 SITE OPTIONS CONSIDERED Scheme Cf 1 - East of Jail - Adequate Size - Fair Functional Relationships - Minimal grading, sitework - Marginal Impact on Complex (Aesthetics) Requires replacing warehouse Loss of Parking Space Scheme Cf 2 - West of Jail - Restricted site, tight - Good Functional Relationships - Potential for significant grading/sitework - Major impact on Complex (Aesthetics) - Loss of Parking Space Scheme Cf 3 - Northeast of Jail - More than adequate size - Poor functional relationship - Minimal grading, sitework - Little or no impact on Complex (Aesthetics) - Loss of Parking Space Revised 7/10/92 O0 013 i EX'!STING ~JAi'L MEDIUM/SPECIAL SECURITY HOUSING YARD MIN. SECURITY SERVICE ADMIN~ MULTI PURPOSE WAREHOUSE SERVICE ENTRY SCHEME #1 O0 014 NEW 100 BED ANNEX YARD., EXISTING ~ JAIL SCHEM!E~2 O0 015 YARD NEW 100 BED ANNEX ~E X'ISTING JAE. SERV, IC, E ENTRY EXISTING WAREHOUSE/ MAINTENAN ~GE BUILDING SCH .EJVIE #3 O0 016 SUMMARY OF BUILDING OPTIONS CONSIDERED #1 Renov. Ex. Warehouse Const. New Metal Bldg. #2 #3 #4 New Metal Prefab Modulars Fabric Building (detention grade) Structures Rating/Points Construction Cost Mod/2 Mod/2 Mod./2 High/1 Security Good/3 Good/3 Good/3 Poor/1 Flexibility Good/3 Very Good/4 Fair/2 Poor/1 Maintenance Good/3 Good/3 Good/3 Poor/1 Salvage/Resale Poor/1 Fair/2 Fair/2 Fair/2 Staff Efficiency Good/3 Very Good/4 Good/3 Fair/2 Speed Fair/2 Good/3 Good/3 Very Good/4 17 21 18 12 Estimated $2.3M $2,4M $3.1 M $2.5M Construction Cost Points: Note - Excellent = 5 Very Good = 4 Good = 3 Low = 3 Moderate = 2 Fair = 2 High = 1 Poor = 1 Ratings: Relative to systems considered and judgement of architects. For example, if security compared to conventional jail construction, all options would be fair to poor. Similarly, as compared to conventional, cost would be considered Iow. Per bed costs are in range of $25,000 as compared to Department of Corrections average of $40-50,000. Revised 7/10/92 O0 017 BUILDING TYPE OPTIONS CONSIDERED BUT NOT RECOMMENDED Conventional Prefabricated Units ('l'railers) - No security, easily breached - Construction techniques provide weapons - Constant maintenance - Difficult to assemble in functional manner - Very staff inefficient - Minimal reuse value - Requires double fence - Probable opposition from Branch's Trace/Colony Fabric Structure (Sprung) - No security, easily breached - Potential for high maintenance - High energy costs - Requires conventional construction for baths, showers, secure areas, high abuse areas - Requires double fence - Suitable for large dormitories, open space only - High cost relative to product received - Minimal reuse value - Probable opposition from Branch's Trace/Colony CONVENTIONAL CONSTRUCTION - High Cost - Inconsistant with Long Range Plans Revised 7/10/92 O0 0_18 I'.V. HARRIS ASSOCIATES, INL;. ARCHITECTURAL PROGRAM 100 BED ANNEX CHESTERFIELD COUNTY JAIL Assumptions: 2. 3. 4. 5. Annex to hold 96 inmates + 15 Special Management = 111 Beds. Annex to hold all of the females, plus work release and trustees. Annex to be fed from central kitchen to dayrooms. Since females relocated, need to include new central laundry adequately sized. Since additional property storage space needed, include in building. Use existing shed for miscellaneous jail storage. Add satellite medical unit. Minimum space for exam, office, dispensary. Existing medical remains as is. Staff moves to inmates rather than inmates to existing medical, except for dental and special procedures. Even though significant deficiencies exist, no changes are proposed for existing intake booking. Program does not attempt to correct any other deficiencies at the jail. Housing: Medium/Minimum Security 100 beds in dorms (100 x 85) Toilets/Showers Special Management 15 cells @ 70 S.F. Dayroom/Shower/Miscellaneous Janitor Closets/Storage Space Program 8528 S.F. 1280 S.F. 1050 350 96 O0 019 Support Space: Multipurpose Library (satellite) Office (Treatment Programs) Office (Security) Counselor Group Counseling/Treatment Control Stations Storage Property Linen/Clothing Security/Miscellaneous Medical (satellite) Office Nurse/Dispensary Exam Laundry Visiting (10 non-contact) Attorney Visiting (2 @ 48) Serving, Storage, Refrigeration Circulation, mechanical, wall thick space @4o% +I- Total Square Footage 6OO 2O9 105 122 81 202 2O0 778 284 515 888 96 278 15,662 S.F. 6,227 21889 S.F.** D.O.C. recommended S.F. per inmate for a jail of this size is 350-400. Minimum S.F. suggested by this program is 228 S.F. Revised 7/10/92 O0 020 PROPOSED STAFFING PATTERN (Security) POST STAFF Control # 1 5 Control # 2 5 Rover 5 Shift Supervisor 5 Recreation, Visitation, Laundry, Food 3 Escort, Yard 1 24 Department of Corrections recommended maximum staff to inmate ratio is 1 to 3.0. This pattern provides a ratio of 1 to 4.0 which should be considered very good. County can reasonably assume that this cost will be funded by the State Compensation Board, but perhaps not in the first year. Potential Revenue Source - Upon opening of Riverside, County could lease beds to the Marshal's Service or other localities. We understand that some jails are receiving $55 per prisoner day. Example: Rent 50 beds @ $45/day = $2,250 per day. Potential annual income of $821,250 per year. This would be reduced somewhat by a reduction in funds from the State. Potential pay back of construction cost is 5 years. When Riverside fills up, County has fallback position until other arrangements can be made. Revised 7/10/92 00 021, SCHEDULE Design Start Design Finish Advertise for Bids Receive Bids Award Contract Complete Construction Close Out/Move In August 3, 1992 November 20, 1992 November 22, 1992 December 22, 1992 January 8, 1993 July 1, 1993' July 15, 1993 * Construction time frame is _. 6 months per Kenbridge Building Systems, Inc. O0 O22 JULY 15,1992 PROJECT BUDG ET ESTIMATE 00 023 O0 02§ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE: SUBd,ECT: July 22, 1992 ITEM NUMBER; 7.A. Public Hearing to Consider Approval of a Service Agreement Between the County and the Riverside Regional Jail Authority COUNTY ADMINISTRATOR'S CO~ SUMMARY OF INFORMATION: Background: In April 1990, the General Assembly enaCted special legislation authorizing Chesterfield to join with Charles City, Colonial Heights, Hopewell, Petersburg, Prince George and Surry to create the Riverside Regional Jail Authority (the "Jail Authority"). Because an authority is a separate political subdivision of the State, it can finance the local share of a regional jail through revenue bonds. Unless a separate authority is created, each participant in a regional jail project must finance its proportionate share of the facility, typically through general obligation debt. To avoid creating local debt, Chesterfield joined the Jail Authority in June 1990. In July 1990, the Jail Authority retained Correction Services Group, Inc., ("CSG") of Kansas City, Missouri, a nationally recognized expert in correctional services planning, to prepare a Planning Study for a regional jail. (Continued) ' ATTACHMENTS: 0703:1538.1 YES · NO [] SIGNATURE: Steven L. Micas County Attorney COUNTY ADM I NI STRATOR 00 028 y BOS-9891 AGENDA ITEM July 22, 1992 Page Two In August 1991, CSG completed its Planning Study which recommends that the Jail Authority construct a facility having 804 beds. CSG further recommended that the facility be designed to permit expansion to a total of 1,368 beds. In November 1991, Prince George County granted the Jail Authority a conditional use permit for a regional jail consistent with CSG's recommendations on a site owned by the Virginia Department of Corrections ("DOC") adjacent to the Federal Correctional Institute (the "Jail Site"). In December 1991, the Board of Corrections granted preliminary approval to the regional jail and recommended to the General Assembly that it reimburse 50% of the cost of constructing the initial 804-bed facility. Such approval is especially significant because the General Assembly has now placed a moratorium on further corrections board approvals of regional jails. In April 1992, DOC conveyed the proposed Jail Site to the Jail Authority. If a Service Agreement is executed by the Member Jurisdictions by Fall 1992, construction of the regional jail will commence in Fall 1993, with an anticipated completion date of Fall 1995. Service Agreement: The legislation which created the Jail Authority requires that there be a Service Agreement between the Authority and its Member Jurisdictions. A Service Agreement is a long-term contract regulating usage of the Jail and establishing payment terms applicable to Member Jurisdictions. It guarantees that the facility will be used and provides the security for bondholders necessary to sell revenue bonds. The Jail Authority has offered to enter into the attached Service Agreement with Chesterfield and the other Member Jurisdictions. The Service Agreement's key provisions are as follows: 1. Bed Space Guaranty. Chesterfield will have guaranteed access to 43% of the regional jail's beds. O0 027 AGENDA ITEM July 22, 1992 Page Three JAIL SIZE CHESTERFIELD GUARANTY PHASE ONE 804 beds 346 beds PHASE TWO 564 beds 242 beds COMPLETED JAIL 1,368 beds 588 beds This means that the Jail Authority will be responsible for housing 588 Chesterfield prisoners from the day the regional jail opens. The sooner Chesterfield approaches that number of prisoners, the sooner the automatic expansion will be triggered. Above the guaranty, unused bed space will be available to Chesterfield and other Member Jurisdictions, which will have priority over non-member jurisdictions, on a first come, first served basis. Automatic Expansion. Construction of the second phase of the regional jail will be automatically triggered when average daily inmate population from Member Jurisdictions reaches 732 prisoners over a three month period. There is no assurance that the State will reimburse any part of the cost of constructing the second phase. Required Usage. To provide security to the bondholders, all Member Jurisdictions are required to use the regional jail. Chesterfield and other Member Jurisdictions with existing jails will be allowed to continue to use such facilities. All prisoners in excess of the capacity of existing jails must be sent to the regional jail. The rated capacity of the Chesterfield Jail is 159 prisoners. Payments. After the regional jail opens, payments from Members Jurisdictions to the Authority will be based solely on usage. A per diem rate for housing prisoners will be established including both capital and operating costs. 00 028 AGENDA ITEM July 22, 1992 Page Four If after the Jail Authority enters the final design phase the regional jail is not built, Member Jurisdictions will be required to pay preliminary costs based on anticipated usage. Chesterfield's share will be 43%. Member Jurisdictions have already paid $250,000 for the Planning Study, and pre-construction architectural, consulting and financing costs may total another $3,500,000. 5. Withdrawal/New Members. After the Authority sells notes or bonds to finance final design and other capital costs, Member Jurisdictions may not withdraw from the Jail Authority or stop using the regional jail until all debts are paid. New members may join the Jail Authority only with the unanimous consent of the existing Members. 6. Voting. The decision to hire or fire the administrator of the regional jail will require the consent of two-thirds of the Jail Authority members voting on such question. Ail other matters will be decided by simple majority vote provided that such majority includes Member Jurisdictions which committed over half of the Member Jurisdiction prisoners to the regional jail during the preceding fiscal year. In the event that any one Member Jurisdiction committed over half of such prisoners, that Member Jurisdiction need not be in the majority if the vote of the remaining members is unanimous. 7. Effective Date. The Service Agreement will become effective when it is executed by at least five Member Jurisdictions. After it becomes effective, any jurisdiction which declined to execute the Service Agreement must withdraw from the Jail Authority. Recommendation: Staff recommends that the Board approve the attached Service Agreement and authorize the County Administrator to execute such Agreement on behalf of the County. 0703:1538.1 00 029 SERVICE ~REEMENT By and Among THE RIVERSIDE REGIONAL JAIL AUTHORITY, THE COUNTY OF CHARLES CITY, THE COUNTY OF CHESTERFIELD, THE CITY OF COLONIAL HEIGHTS, THE CITY OF HOPEWELL~ THE CITY OF PETERSBURG, THE COUNTY OF PRINCE GEORGE, and THE COUNTY OF SURRY Dated: O0 030 TABLE OF CONTENTS Page ARTICLE Definitions ARTICLE Construction and Financing Section 2.1 Section 2.2 Section 2.3 Construction of Jail .......... 4 Permits ........... - 4 Costs of Jail; Agreement to ~in'an~e . . . 5 ARTICLE III Provision of Services, Operation and Maintenance Section 3.1 Section 3.2 Section 3.3 Section 3.4 Section 3.5 Section 3.6 Section 3.7 Section 3.8 Acceptance of Prisoners ........ 5 Commitment of Prisoners ....... 6 Transportation of Prisoner~ ....... 7 Operation and Maintenance ........ Insurance .............. 8 Annual Report ............. 8 Annual Budget ............. Books and Records ....... 9 9 9 i'bi' ' ~ Section 3.9 Preliminary Respons litie .. . . Section 3.10 Majority Required for Authority Deci'si~ns' . ARTICLE IV Payments Section 4.1 Section 4.2 Section 4.3 Section 4.4 Section 4.5 Payments from Member Jurisdictions .... 10 Payments from Other Jurisdictions .... 12 Operating Reserve Fund ........ 13 Commonwealth Reimbursement Grants .... · 13 Limitation of Liability ........ 13 - i - 00 ARTICLE V Additional Aqreements Section 5.1 Section 5.2 Section 5.3 Section 5.4 Section 5.5 Section 5.6 Section 5.7 Section 5.8 Expansion of Jail ........... 13 Sale or Other Conveyance ........ 14 Further Documents and Data ....... 14 Right to Access ............ 14 Confidentiality ............ 14 Notification ............. 14 Tax-Exemption Covenant ......... 15 Additional Debt ............ 15 Section 5.9 Additional Members ........... 15 Section 5.10 Withdrawal of Membership ........ 15 ARTICLE VI Representations, Warranties and Covenants of Authority Section 6.1 Section 6.2 Section 6.3 Section 6.4 Section 6.5 Organization, Authorization and Validity . 16 Authority ............ 16 Non-ContraventiOn ........... 16 Litigation .............. 16 Approvals .............. 17 ARTICLE VII Representations, Warranties and Covenants of Member Jurisdictions Section 7.1 Section 7.2 Section 7.3 Section 7.4 Organization, Authorization and Validity . 17 Authority .............. 17 Non-Contravention ........... 17 Litigation .............. 18 ARTICLE VIII Defaults and Remedies Section 8.1 Section 8.2 Section 8.3 Section 8.4 Section 8.5 Default by Authority ....... 18 Default by Member JurisdictiOns ..... 19 Remedies of Member Jurisdictions ..... 20 Remedies of Authority ......... 20 Remedies Not Exclusive ......... 21 - ii - O0 Section 9.1 Section 9.2 Section 9.3 Section 9.4 Section 9.5 Section 9.6 Section 9.7 ARTICLE IX Miscellaneous Severability of Invalid Provisions .... 21 Notices ............... 21 Execution of Agreement ......... 22 Governing Law ............. 22 Amendments .............. 23 Effective Date of Agreement ....... 23 Waiver-. ............... 23 - iii - O0 033 SERVICE AGREEMENT THIS SERVICE AGREEMENT (the "AGREEMENT") is made as of , 1992, by and among the RIVERSIDE REGIONAL JAIL AUTHORITY (the "AUTHORITY"), the COUNTY OF CHARLES CITY, the COUNTY OF CHESTERFIELD, the CITY OF COLONIAL HEIGHTS, the CITY OF HOPEWELL, the CITY OF PETERSBURG, the COUNTY OF PRINCE GEORGE, and the COUNTY OF SURRY; each of which is a political subdivision of the Commonwealth of Virginia. RECITALS Pursuant to Chapter 726 of the 1990 Acts of the General Assembly of Virginia (the "Act"), the County of Charles City on , 1990, the County of Chesterfield on June 13, 1990, the City of Colonial Heights on , 1990, the City of Hopewell on , 1990, the City of Petersburg on , 1990, the County of Prince George on , 1990 and the County of Surry on , 1990 (collectively, the "Member Jurisdictions,,) each adopted resolutions creating the Riverside Regional Jail Authority (the "Authority") for the purpose of financing the acquisition, construction and equipping of a regional jail facility to be located in the County of Prince George, and providing for its ongoing operation and maintenance for the benefit of the Member Jurisdictions. To implement their resolutions, the Member Jurisdictions entered into an Initial Service Agreement dated June 21, 1990 - 1 - O0 034 (the "Initial Service Agreement"), authorizing the Authority to prepare a feasibility study and conceptual design for a regional jail facility (the "Jail") to be located in Prince George County adjacent to the Federal Correctional Institution and allocating certain costs and expenses and other responsibilities in connection with such planning study. In order to provide interim funds to finance final design and other costs of the Jail, and in order to further the purposes of the Act, the Authority intends to issue revenue bond anticipation notes (the "Notes"). In order to provide funds to reimburse the expenses incurred by the Authority in connection with the Planning Study, to repay the Notes and to finance construction and other costs of the Jail, and in order to further the purposes of the Act, upon completion of the final design of the Jail the Authority intends to issue revenue bonds (the "Bonds"). The Authority and the Member Jurisdictions desire to enter into this Agreement to provide for payments by each Member'- Jurisdiction to the Authority for services to be rendered to the Member Jurisdictions by the Authority, including the design, construction and operation of the Jail, and to set forth certain other responsibilities of the parties. In consideration of the foregoing, the Authority and the Member Jurisdictions each agree as follows: ARTICLE I Definitions The capitalized terms in this Agreement have the meanings - 2 - O0 035 set forth below unless the context otherwise requires. "Annual Budget" has the meaning given to such term in Section 3.7. "Applicable Laws" mean all applicable laws, ordinances, judgments, decrees, injunctions, writs and orders of any court, arbitrator or governmental agency or authority and all rules, regulations, orders, interpretations, licenses and permits of any Federal, state, county, municipal, regional, foreign or Other governmental body, instrumentality, agency or authority. "Authority" means the Riverside Regional Jail Authority. "Authority Default" has the meaning given to such term in Section 8.1. "Fiscal Year" means the annual accounting period from July 1 of one year to June 30 of the following year. "Jail" means the Riverside Regional Jail as constructed and equipped by the Authority and located in the County of Prince George together with any additions, or improvements thereto. "Member Jurisdiction" means the County of Charles City? the County of Chesterfield, the City of Colonial Heights, the City of Hopewell, the City of Petersburg, the County of Prince George and the County of Surry, each a political subdivision of the Commonwealth of Virginia, and each other political subdivision joining the Authority but excluding any political subdivision that may have withdrawn from the Authority, as provided in Sections 5.9 and 5.10. - 3 - 00 03(] "Member Jurisdiction Default" has the meaning given to such term in Section 8.2. "Net Operating Expenses" means the amount by which the Authority's expenses exceed its anticipated revenue from sources other than Member Jurisdictions, including per diem Prisoner charges from- othe~ jurisdictions and[ State operating reimbursements, and shall include debt service costs and expenditures necessary to fund or replenish required debt service reserVe funds and the operating reserve fund required pursuant to Section 4.3 of this Agreement. After construction of any addition to the Jail, net operating expenses for such addition shall include debt service costs for such addition less all per diem Prisoner payments received by the Authority from the state and other non-member jurisdictions. "Operating Reserve Fund" means the reserve fund established in Section 4.3. "Placed in Service" means the first day on which the Jail has been certified by the appropriate authority of the Commonwealth to accept Prisoners. "Planning Study" means the feasibility study and conceptual design for the Jail prepared by Correctional Services Group dated June 1, 1991. "Prisoner(s)" has the meaning given to such term in Section 3.1. ARTICLE Construction and Financinq Section 2.~. Construotion of Jail. The Authority agrees - 4 - O0 03.7 to construct and equip the Jail substantially in accordance with the Planning Study. Section 2.2. permits. The Authority will construct the Jail in accordance with the requirements of all Applicable Laws, in particular the Act and the rules and regulations of the Virginia Board of Corrections. The Member Jurisdictions agree to provide reasonable assistance to the Authority in complying with any such requirements, and will provide the Authority with any and all information that may be necessary in this regard. Section 2.3. Costs of Jail; Agreement to Finance. The construction cost of the initial phase of the Jail (804 beds) is estimated to be $57,655,000, one-half of which (or $28,827,500) is expected to be reimbursed by the Commonwealth of Virginia upon completion of construction. The Authority agrees to finance the cost of the Jail, including expenses associated with the financing, through the issuance of revenue' bonds. In addition, the Authority may issue revenue bond anticipation notes or other short-term obligations. Any provision in the Initial Service Agreement to the contrary notwithstanding, after the effective date of this Agreement, the Authority may immediately proceed to arrange such financing, incur such obligations and commence final design and construction of the Jail. ARTICLE III Provision of Services, Operation and Maintenance Section 3.1. Acceptance of Prisoners. Immediately after -- 5 O0 038 the Jail is Placed in Service, the Authority will accep~ Prisoners from each Member Jurisdiction (and to the extent space is available, from other jurisdictions, including the federal government and its agencies) who have been (i) duly arrested for committing a criminal offense and held over pending trial or (ii) duly convicted of committing a criminal offense and sentenced to a term of incarceration by a court having proper jurisdiction (the "Prisoners"). At a minimum, the Authority agrees to accept and be solely responsible for the confinement, in the Jail or in a facility approved for such purpose under the Applicable Laws, of at least the following number of Prisoners from each Member Jurisdiction: JURISDICTION GUARANTEED PRISONER BEDS Charles City 27 Chesterfield 588 Colonial 205 Heights Hopewell 205 Petersburg 151 Prince 151 George Surry 41 The Authority shall exercise its best efforts to keep the Jail full of Prisoners at all times. Prisoners of Member Jurisdictions shall be given a preference over those of non- members. In the event that 1,368 Prisoners have been - 6 - O0 039 committed to the Authority by Member Jurisdictions and one or more Member Jurisdictions have committed fewer Prisoners to the Authority than the number of Prisoners that the Authority is required to accept from such Jurisdiction, the Authority will accept additional Prisoners from such Jurisdiction and ratably reduce the number of Prisoners from Member Jurisdictions having excess Prisoners in the Jail. Upon request, the Authority shall exercise its best efforts to assist Member Jurisdictions in placing Prisoners who can not be housed at the Jail into other facilities. Section 3.2. Commitment of Prisoners. Unless the Jail is full, until final payment of any Notes, Bonds or other temporary or permanent financing for the construction of the Jail issued or obtained by the Authority pursuant to this Agreement, each Member Jurisdiction which does not now operate a local jail, i.e., Charles City, Colonial Heights, Prince George and Surry, agrees to offer to commit all of its Prisoners to the custody of the Authority, and each Member Jurisdiction which now operates a local jail, i.e., Chesterfield, Hopewell and Petersburg, agrees to offer to commit all of its Prisoners beyond one hundred twenty percent (120%) of the current rated capacity of its local jail to the custody of the Authority. The current rated capacity of the Chesterfield and Hopewell jails and the Petersburg jail and jail farm is: Chesterfield - 159 Prisoners, Hopewell - 24 Prisoners, and Petersburg - 195 Prisoners. The Authority shall - 7 - 00 040 not be responsible in any way for operating any of the local jails for the Member Jurisdictions, and the decisions as to which Prisoners are committed to the Jail from those jurisdictions shall be solely that of the Member Jurisdiction. To encourage compliance with the provisions of this Section, each Member Jurisdiction hereby agrees that it will refuse to pay for the incarceration of any Prisoner committed to the custody of its Sheriff that is incarcerated in any jail other than the Jail or its own jail (as to Chesterfield, Hopewell and Petersburg, but only up to 120% of the rated capacity of its local jail) unless (i) the Jail is full, (ii) the Authority refuses to accept such Prisoner, (iii) commitment of such Prisoner to a correctional facility other than the Jail or its own jail is ordered by a court of competent jurisdiction or (iv) a court of competent jurisdiction orders the Member Jurisdiction to make such payment. Section 3.$. Transportation of Prisoners. Unless the Authority agrees otherwise, each Member Jurisdiction shall be responsible for the initial transportation of Prisoners from such Jurisdiction to the Jail for processing into the Jail population. Thereafter,_the Authority shall be responsible for transporting Prisoners to and from the Jail and for all costs, expenses and security relating to such Prisoners during transportation. Section 3.4. Operation and Maintenanc-. The Authority will operate and maintain the Jail in accordance with the - 8 - 00 041 provisions of the Act, the rules and regulations of the Virginia Board of Corrections and all other Applicable Laws. The Authority shall be an equal opportunity employer. Section 3.5. Insurance. The Authority will maintain hazard, liability or such other insurance as may be required by Applicable Law or which the Authority may deem advisable. Section 3.6. Annual Report. The Authority will provide to each Member Jurisdiction on or before each January 1 a report showing the activities and the revenues, expenditures, and employee compensation schedules and other similar data of the Authority for the preceding Fiscal Year. Section 3.7. Annual Budget. The Authority will provide to each Member Jurisdiction on or before each January 1 the Authority's preliminary Annual Budget for the next Fiscal Year and on or before each March i its final Annual Budget for the next Fiscal Year. For each Fiscal Year in which the Jail will be in operation, such Annual Budget shall set forth the per diem charge for each Prisoner committed to the Authority by Member Jurisdictions. The Authority agrees to set and revise from time to time as necessary a per diem charge which is sufficient to generate revenue adequate to pay Net Operating Expenses and to fund any required reserves. The Authority will promptly provide copies of any amendments to its Annual Budget to each Member Jurisdiction. Section 3.8. Books and Records. The .Authority will maintain proper books of record and account in which proper - 9 - 00, 042 entries shall be made in accordance with generally accepted accounting principles for governmental bodies, consistently applied, of all of its business and affairs related to the Jail. All books of record and account and documents in the Authority's possession relating to the Jail shall at all reasonable times be open to inspection by such agents or employees of the Member Jurisdictions as they may designate. Section 3.9. Preliminary Responsibilities. Before the Jail is Placed in Service, the Authority will be responsible for (i) the final design, construction and equipping of the Jail, (ii) the employment or procurement of administrators and staff, (iii) the adoption of rules, regulations, policies and guidelines for the operation and maintenance of the Jail, not inconsistent with standards of the Virginia Board of Corrections, and (iv) the arrangements for financing the Jail. Section 3.10. Majority Required for Authority Decisions. Ail questions relating to the Jail or to this Agreement submitted to the Authority for decision shall be determined by a majority of its members voting on such question, provided that such majority shall also represent Member Jurisdictions which committed a majority of the Prisoners (based on prisoner days) from Member Jurisdictions committed to the Authority during the last preceding Fiscal Year (or, as to the First Fiscal Year after the Jail is placed in service, such majority shall also represent Member Jurisdictions which have agreed to pay a majority of the preliminary costs pursuant to Section - 10 - O0 043 4.1(b)); provided, however, that the decision to hire or fire the administrator of the Jail shall be determined by two-thirds of the Authority's members voting on such question without regard to the number of Prisoners committed to the Authority by such Member Jurisdictions. In the eVent one Member Jurisdiction-committed a majority of prisoners during the last preceding Fiscal Year, that Member Jurisdiction need not be in the majority if the vote of the remaining members voting on the action is unanimous during the subsequent year. ARTICLE IV Payments Section 4.1. PaYments from Member Jurisdictions. (a) Per Diem Prisoner Payments. In its Annual Budget, the Authority shall establish a per diem charge or charges, as the case may be, for the care, maintenance and subsistence of Prisoners from Member Jurisdictions during the next Fiscal Year equal to the Authority's projected Net Operating Expenses divided by the product of (a) the number of inmate beds in the Jail times (b) the projected occupancy rate of Member Jurisdictions times (c) 365 or 366 calendar days, as appropriate. Such per diem charge or charges may be adjusted semi-annually. Separate per diem Prisoner charges shall be established for use of the Jail as initially constructed and for use of any subsequent addition to the Jail. When the original Jail is fully occupied by Prisoners from Member Jurisdictions and after construction of any addition, each - 11 - 00 044 additional Prisoner committed to the Authority by Member Jurisdictions beyond the number set forth in the following table shall be charged the per diem rate established for such addition: JURISDICTION PRISONERS GUAraNTEED FIRST PHASE PER DIEM Charles City 16 Chesterfield 346 Colonial 121 Heights Hopewell 121 Petersburg 88 Prince George 88 Surry 24 The Prisoner charges from Member Jurisdictions shall be due and payable to the Authority no later than the fifteenth day of the month following the month in which the charge was incurred and if not paid when due shall bear interest at the rate of 3/4% per month until paid; provided, however, that this provision shall not apply in instances where state law prescribes some other due date or late payment charge. (b) Payment of Preliminary Costs. If for any reason the Jail is not constructed, the Member Jurisdictions shall reimburse the Authority for all expenses not previously paid by the Member Jurisdictions, not to exceed a total of $3,500,000, pursuant to the following allocation: - 12 - 00 O45 JURISDICTION PERCENT OF PRELIMINARY COSTS Charles City 2% Chesterfield 43% Colonial Heights 15% Hopewell 15% Petersburg 11% Prince George 11% Surry 3% provided, however, that the payment required by any Member Jurisdiction will be subject to the appropriation of funds for such purpose by the governing body of the Member Jurisdiction. All expenses incurred by the Authority prior to the effective date of this Agreement are hereby authorized and approved by the Member Jurisdictions. Section 4.2. ~ayments from Other Jurisdiations. Within the limits allowed by law, the Authority shall establish a per diem charge or charges for the care, maintenance and subsistence of Prisoners from non-member jurisdictions, including the state and federal government; provided, however, that in no event shall such charge or charges be less than the per diem charge for Member Jurisdictions established by the Authority for the same period pursuant to Section 4.2 of this Agreement. Such non-member per diem Prisoner charges shall be due and payable to the Authority from non-member jurisdictions having Prisoners in the Jail no later than the fifteenth day - 13 - 00 046 of the month next following the month in which the charge was incurred and if not paid when due shall bear interest at the rate of 1% per month until paid; provided, however, that this provision shall not apply in instances where state law prescribes some other due date or late payment charge. Section-4.3. Operating Reserve Fund. When the Jail is placed in service, the Authority agrees to provide for an Operating Reserve Fund in each of its Annual Budgets in an amount equal to 25% of its projected Annual Budget for each year. The Operating Reserve Fund will be established as a separate account and will be used to cover periods of revenue shortfall when the Authority's revenues are not sufficient to cover its Net Operating Expenses. Section 4.4. Commonwealth Reimbursement Grants. Any funds that the Authority receives from the Commonwealth of Virginia as reimbursement for the cost of constructing the Jail will be applied immediately to the payment of the Notes or Bonds. Section 4.5. Limitation of Liability. The only obligation of the Member Jurisdictions to pay for the establishment, operation or maintenance of the Jail arises out of this Agreement. No such payment responsibility shall constitute a debt of any Member Jurisdiction within the meaning of any constitutional or statutory limitation. ARTICLE V Additional Agreements Section 5.1. Expansion of Jail. If the average daily - 14 - O0 047 inmate population of the Jail reaches 732 Member Jurisdiction Prisoners over any three month period, the Authority shall automatically commence, and subject to available financing diligently pursue to completion, expansion to a capacity of 1,368 inmates. If the above does not occur, the Authority may not modify,-alter, replace or add to the Jail (except for ordinary and necessary maintenance) during the term of this Agreement without the prior written consent of the governing bodies of all the Member Jurisdictions. Bection 5.2. Bale or Other Conveyance. The Authority will not sell, lease, sublease, assign, convey or otherwise voluntarily dispose of the Jail or any interest in the Jail unless the Notes, Bonds and any other debt incurred by the Authority have been or will be paid or deemed defeased in accordance with the agreements pursuant to which they were issued. Section 5.3. Further Documents and Data. The parties to this Agreement will execute and deliver all documents and perform all further acts that may be reasonably necessary to perform the obligations and consummate the transactions contemplated by this Agreement. Section 5.4. Right to Access. Each Member Jurisdiction will have reasonable access to the Jail in order to monitor the Authority's compliance with the terms of this Agreement. Section 5.5. Confidentiallt¥. The ,Authority will maintain all records and files on the Prisoners on a confidential basis - 15 - 00 048 in accordance with all Applicable Laws. Each Member Jurisdiction will maintain the confidential nature of all records and files relating to the Prisoners of other Member Jurisdictions in accordance with all Applicable Laws. Section 5.6. Notification. The Authority will promptly furnish to each Member Jurisdiction a copy of any notice or order of any governmental authority asserting that the Authority or the Jail is not in compliance in any material respect with any Applicable Law. Section 5.7. Tax-Exemption Covenant. The Authority intends to issue the Notes and Bonds in a manner such that their interest is excludable from gross income for Federal income tax purposes under Section 103(a) and related provisions of the Internal Revenue Code of 1986, as amended, and applicable rules and regulations. The Authority and each Member Jurisdiction agree that after the Notes and Bonds have been issued they will not take any action or omit to take any action which would adversely affect such exclusion. Section 5.8. Additional Debt. The Authority agrees to obtain the consent of the governing body of each Member Jurisdiction before it incurs any debt in excess of 25% of the Authority's operating budget for the then current Fiscal Year other than indebtedness represented by the Notes and Bonds. Seotion 5.9. Additional Members. Any city or county ~in Virginia may, with the approval of its governing body and with the consent of the Member Jurisdictions, join and participate - 16 - O0 049 in the Authority under such additional terms and conditions for membership as may be prescribed by the Authority. Section 5.10. Withdrawal of Membership. Any Member Jurisdiction may withdraw from membership in the Authority by resolution or ordinance of its governing body; however, once obligations have been entered into by the Authority no Member Jurisdiction may withdraw from the Authority until all incurred by the Authority have been fully obligations satisfied. ARTICLE VI Representations, Warranties and Covenants of Authority In addition to the covenants in other Articles of this Agreement, the Authority represents, warrants and covenants as follows: Section 6.1. Organization, Authorization and Validity. The Authority is a political subdivision of the Commonwealth duly organized and validly existing under the laws of the Commonwealth and has duly authorized, executed and delivered this Agreement. This Agreement is a valid, legal and binding agreement enforceable against the Authority in accordance with its terms. Section 6.2 Authority. The Authority has all requisite authority under the Act to execute and deliver and perform its obligations under this Agreement and is not a party to any indenture, contract or other agreement or arrangement, the performance of which by the Authority would prevent or materially and adversely affect the Authority's ability to - l? - O0 050 perform the terms of this Agreement. Section 6.3. Non-Contravention. delivery of this Agreement by the The eXecution and Authority and the consummation of the transactions contemplated in it will not conflict with or result in a breach of or constitute a default under or violate any of the terms, conditions or provisions of the Act, the bylaws of the Authority or any material indenture, contract or other agreement or arrangement to which the Authority is a party or by which any of its properties are bound, or any Applicable Law by which the Authority or the Jail is bound. Seotion 6.4. Litiqation. The Authority is not a party to any legal, administrative, arbitration or other proceeding or controversy pending, or, to the best of the Authority's knowledge, threatened, which would materially adversely affect the Authority's ability to perform under this Agreement. Section 6.5. Approvals. Except for approvals that may be required by the Virginia Board of Corrections, the Authority does not require the consent or approval of any governmental body to carry out the terms of this Agreement. ARTICLE VII Representations, Warranties and Covenants of Member. Jurisdictions Each Member Jurisdiction represents, warrants and covenaRts for itself as follows: Section 7.1. Organization, Authorization ~nd Validity. Each Member Jurisdiction is a political subdivision of the - 18 - 00 051 Commonwealth duly organized and validly existing under the laws of the Commonwealth, and each has duly authorized, executed and delivered this Agreement. The Agreement is a valid, legal and binding agreement enforceable against each Member Jurisdiction in accordance with its terms. Bection-7.2. Authority. Each Me~er Jurisdiction has all requisite authority to execute and deliver and perform its obligations under this Agreement and is not a party to any indenture, contract or other agreement or arrangement, the performance of which by it would prevent or materially and adversely affect its individual performance under this Agreement. Section 7.3. Non-Contravention. The execution and delivery of this Agreement by each Member Jurisdiction and the consummation of the transactions contemplated in it will not conflict with or result in a breach of or constitute a default under or violate any of the terms, conditions or provisions of any charter, resolution or ordinance, any material indenture, contract or agreement or arrangement to which it is a party or by which any of its properties are bound, or any Applicable Law by which it is bound. Section 7.4. Litiqation. No Member Jurisdiction is a party to any legal, administrative, arbitration, or other proceeding or controversy pending, or, to the best of its knowledge, threatened, which would materially and adversely affect its ability to perform under this Agreement. - 19 - O0 0,52 ARTICLE VIII Defaults and Remedies Section 8.1. Default by Authority. The occurrence of any one or more of the following events will constitute an "Event of Default" by the Authority ("Authority Default"): (i) failure of the Authority to pay principal of or interest when due on any Notes, Bonds or other temporary or permanent financing for the Jail issued or obtained by the Authority pursuant to this Agreement; (ii) if the Authority is for any reason rendered incapable of performing any of its material obligations under this Agreement; (iii) the Authority makes an assignment of all or a portion of its obligations under this Agreement without the prior consent of the Member Jurisdictions; (iv) the Authority defaults on any of its material obligations under any agreement pursuant to which any Note, Bonds or other temporary or permanent financing for the Jail is issued or obtained by the Authority pursuant to this Agreement and such default is not cured within the applicable cure period; (v) any proceeding is instituted, with the consent or acquiescence of the Authority, for the purpose of effecting a composition between the Authority and its creditors or for the purpose of adjusting the claims - 20 - O0 053 of such creditors pursuant to any federal or state Statute now or hereafter enacted, if the claims of such creditors are under any circumstances payable from the funds of the Authority; or (vi) the Authority defaults in the due and punctual performance of any other of the covenants, conditions, agreements and provisions contained in this Agreement, and the default continues for thirty days after written notice specifying the default and requiring it to be remedied has been given to the Authority by any Member Jurisdiction. Section 8.2. Default by Member Jurisdictions. The occurrence of any one or more of the following events will constitute an "Event of Default" by any Member Jurisdiction ("Member Jurisdiction Default"): (i) failure of any Member Jurisdiction to make payments of per diem Prisoner charges when due; (ii) any Member Jurisdiction shall for any reason be rendered incapable of fulfilling its obligations under this Agreement; or (iii) any proceeding is instituted, with the consent or acquiescence of any Member Jurisdiction, for the purpose of effecting a composition between such Member Jurisdiction and its creditors or for the purpose of adjusting the claims of such creditors pursuant to any federal or state statute now or - 21 - O0 054 hereafter enacted, if the claims of such creditors are under any circumstances payable from the funds of such Member Jurisdiction; or (iv) any Member Jurisdiction defaults in the due and punctual performance of any of the other conditions, agreements and provisions covenants, contained in continues for specifying the this Agreement, and the default thirty days after written notice default and requiring it to be remedied has been given to such Member Jurisdiction by the Authority. Section 8.3. Remedies of Member Jurisdictions. Upon the occurrence of an Authority Default, any Member Jurisdiction, after giving notice of such Authority Default to all parties, may bring suit by mandamus or other appropriate proceeding to require the Authority to perform its duties under the Act and this Agreement or to enjoin any acts in violation of the Act or this Agreement. Section 8.4. Remedies of Authority. Upon the occurrence of a Member Jurisdiction Default, the Authority, after giving notice of such Member Jurisdiction Default to all parties, may bring suit by mandamus or other appropriate proceeding to require the Member Jurisdiction to perform its duties under the Act and this Agreement or to enjoin any acts in violation of the Act or this Agreement. Section 8.5. Remedies Not Exclusive. No remedy in this - 22 - O0 055 Agreement conferred upon or reserved to the parties is intended to be exclusive of any other remedy, and each remedy is cumulative and in addition to every other remedy given under this Agreement or now or hereafter existing at law, in equity or by statute. ARTICLE IX Miscellaneous Section 9.1. Severabilit¥ of Invalid Provisions. If any clause, provision or section of this Agreement is held to be illegal or invalid by any court, the invalidity of the clause, provision or section will not affect any of the remaining clauses, provisions or sections, and this Agreement will be construed and enforced as if the illegal or invalid clause, provision or section has not been contained in it. Section 9.2. Notices. Any notice or other communication under or in connection with this Agreement shall be in writing, and shall be effective when delivered in person or sent in the United States mail, postage prepaid, to the following persons and addresses or to such other persons and addresses as any of such persons may from time to time specify in writing. If to the Authority~ Chairman Riverside Regional Jail Authority 1§07 Boulevard Colonial Heights, Virginia 23834 - 23 - O0 056 If to Charles city: County Administrator P. O. Box 128 Charles City, Virginia 23030 If to Chesterfield: County Administrator P. O. Box 40 Chesterfield, Virginia 23832 If to Colonial Heights: City Manager 1507 Boulevard Colonial Heights, Virginia If to Hopewe11~ 23834 City Manager 300 N. Main Street Hopewell, Virginia If to Petersburgi City Manager City Hall Union & Tabb Streets Petersburg, Virginia If to Prince aeorgez 23860 23803 County Administrator P. O. Box 68 Prince George, Virginia If to Surryz 23875 County Administrator P. O. Box 65 Surry, Virginia 23883 Section 9.3. Execution of Aqreement. A sufficient number of copies for each party approving this Agreement, each of which shall be deemed to be an original having identical legal effect, shall be executed by the parties, this being copy number . - 24 - 00 057 Section 9.4. Governing Law. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the Commonwealth of Virginia. Section 9.5. Amendments. This Agreement may be changed or amended only with the consent of the Authority and each Member Jurisdiction; No such change or amendment may be made which will affect adversely the prompt payment when due of all moneys required to be paid by the Member Jurisdictions under the terms of this Agreement, and no such change or amendment shall be effective which would cause a violation of any provision of any resolution, indenture or agreement pursuant to which any Notes, Bonds or other temporary or permanent financing for the Jail is issued or obtained by the Authority. Section 9.6. Effective Date of Agreement. This Agreement will be effective from the date of its execution and delivery by all of the Member Jurisdictions who approve the Agreement and the Authority. If one or two Member Jurisdictions decline to enter into this Service Agreement, the remaining five or six Member Jurisdictions will continue to be bound by this Service Agreement. If the non-participating Member Jurisdictions' share of the total beds does not exceed 20%, the remaining Member Jurisdictions number of beds shall increase ratably to the total number of beds stated herein. If such share exceeds 20%, the Authority shall have the ability to adjust the number of beds in the Jail downward to the number listed in Section 3.1 for each participating Member - 25 - 00 058 Jurisdiction. Section 9.7. Waiver. Any waiver by any party of its rights under this Agreement must be in writing, and will not be deemed a waiver with respect to any matter not specifically covered. Nothing in this Agreement authorizes the waiver '.of any Member Jurlsdiction's obligation to make payments when due of all moneys required to be paid by the Member Jurisdictions under the terms of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date above written. RIVERSIDE REGIONAL JAIL AUTHORITY By: Perry A. Lewis, Chairman COUNTY OF CHARLES CITY By: By: County Administrator Fred A. Darden COUNTY OF CHESTERFIELD By: Lane B. Ramsey, County Administrator CITY OF COLONIAL HEIGHTS By: Robert E. Taylor, City Manager - 26 - o0 o59 By: James A. Pond, Sheriff CITY OF HOPEWELL By: Clinton H. Strong, City Manager CITY OF PETERSBUaG By: Richard Brown, city Manager COUNTY OF PRINCE GEORGE By: John G. Kines, Jr., County Administrator COUNTY OF SURRY By: Terry D. Lewis, County Administrator - 27 - O00GO An Affiliate of [~edia Genera~ P.O. BOX C-85333 RICHMOND, VIRGINIA 23293-000t ~804) 649-6000 AMOUNT __ % CASH DISCOUNT IF PAID Of~ OR BEFORE J 5th OF THE SUCCEEDING MONTH N© DIscouNT ALLOWED THEREAFTER, CHESTERFI ELD COUNTY BOARD OF SUPERVISORS AGENDA MEETiNGDATE~Uly~ 22, 1992 ITEM NUMBER:__ 7.B. SUB ECT: Public Hearing on the County's proposed Community Development Block Grant Program COUNTY ADMINISTRATOR'S COMMENTS: County staff has prepared a proposed Community Development Block Grant Program in anticipation of a $1,060,000 entitlement grant from the U.S. Department of Housing and Urban Development. Public meetings were held to solicit citizen input for projects and program suggestions and the Board held a worksession on the resulting proposed Community Development Block Grant Program. A revised program incorporating suggestions from the worksession is attached. RECOMMENDATION: Staff recommends that the Board adopt the proposed program and authorize the County Administrator to submit a final statement to the U.S. Department of HUD and to appropriate funds for the grant. ATTACHMENTS: YES · NO [] Millard D. "Pete" ~tit~, Jr. Acting Deputy County Administrator SIGNATURE: COUNTY ADMINISTRATOR O0 061//"- BOS-9891 CHESTERFIF. I.r~ COUNTY PROPOSED COMMUNITY DEVELO~ BLOCK GRANT PROGRAM HUD CATEGORY SUMMARY PROGRAH FU~I~IG ENTITI.1OtENT FUNDS PROGRAM INCOME TOTAL FUNDING PROGRAM EXPENDITURES PUBLIC FACILITIES AND IMPROVEMENTS R~BILITATION OF EXISTING HOUSING CODE ENFORCEMENT PUBLIC SERVICES CI .F.~M~M~ICE PLANNING ADMINISTRATION $1,060,000 22~500 $1,082,500 $342,500 380,000 55,000 115,000 80,000 20,000 90~000 ~1~082~500 LCW-GRANTS/PC280/5-22-92 O0 062 HUD CATEGORY: PUBLIC FACILITIgS AND IMPHO~S SUMNARY PROJI/CTS COST COUNTYWIDE PUBLIC IMPROVEMENTS HARROW(ATE SOCCER FI~I.I) COM}4UNI~ CgNTER BENSLEY FIRE STATION $126,500 58,000 60,000 100~000 $362,500 LCW-GRANTS/PC280/5-22-92 O0 063 PROJECT NAME: COUNTYWIDE PUBLIC IMPROVlgIENTS ProjectDescription: Sidewalk installation and repair, street lights, street trees, and ornamental plantings in low and moderate income areas. The funds would be used on several small projects and would match other non-County funds. The funds would be used in Ettrick and the Route 1/301 area to improve business and residential areas. Estimated Project Cost: $124,500 in FY 92-93 Justification: Requested by resident groups. Funding Source: CDBG funds Impact on Operating Budget: Maintenance of facilities. PROJECT NAME: HARROWGATE SOCCER FI~I.n Project Description: Design and construction of a soccer field at Harrowgate Elementary School to provide recreational opportunities for underprivileged children that do not have other recreational facilities available to them. Estimated Project Cost: $58,000 in FY 93 Justification: Department. Requested by Principal of Harrowgate Elementary and Parks Funding Source: CDBG funds Impact on Operating Budget: N/A LCW-O NTS/PC280/5-22-92 00 084 PROJECT NAME: ETTRICK COMMUNITY CENTER Project Description: Acquire and/or rehabilitate a building for a community center in Ettrick. Estimated Project Cost: $60,000 in FY 92-93 Justification: Requested by Ettrick citizen groups and involves a project requested by the Department of Parks and Recreation. Funding Source: CDBG funds Impact on Operating Budget: N/A PROJECT NAME: BgNSLEYFIRE STATION Project Description: Utilities and design/engineering work on a new fire station in the Bensley area. Estimated Project Cost: $100,000 in FY 93 Justification: Requested by Fire Department to offset costs above amount appropriated for the Bensley Fire Station. Funding Source: CDBG funds Impact on Operating Budget: N/A ,CW-O .NrS/PC280/5-22-92 00 08,5 tIUD CATF.~RY~ REHABILITATION OF EXISTING HOUSING SOI~4ARY PROJECT COST ~&BILITATION OF EXISTING HOUSING $380~000 TOTAL $380,000 PROJECT l~aXffi: R~ABILITATIONOF ~(ISTING HOUSING Project Description: Rehabilitation of 20-25 homes in the County owned by low and moderate income residents. The program will involve low interest loans and grants to homeowners who will select contractors from a County pre-approval list. The program will be available Countywide and may include foundation repair assistance for low and moderate income homeowners effected by shrink swell soil problems. A limited period of application will be followed by a prioritization of applicants according to need. Est~ted Project Cost: Construction Housing Rehabilitation Specialist TOTAL $350,000 30~000 $380,000 in FY 92-93 Justification: Funding Source: Impact on Operating Budget: Location: Requested by citizen groups. CDBG funds None Countywide LCW-GRANTS/PC280/5-22-92 00 066 HUD CATF, C~RY: CODE ENFORC~ SUI~ARY PROJECT gXISTING STRUCTURgS CODE ENFORCEH~r~ COST $55~000 $55,000 PROJECT NAHE: EX~STING STRUCTURES CODE ENFORC~ Project Description: Hiring of an existing structures building inspector to focus on code enforcement in low and moderate income areas of the County having vacant and deteriorating buildings. The existing structures code enforcement program would be backed up by the County's housing rehabilitation program to provide assistance to homeowners effected by code violations. Est~ted Project Cost: $55,000 Includes salary and benefits for one building inspector and the purchase of 1 vehicle. Justification: Requested Inspections. Funding Source: I~act on Operating Budget: Location: by citizen groups and Department of Building CDBG funds None Countywide LCW-GRANTS/PC280/5-22-92 00 067 HUD CATEGORY: PUBLIC SERVICES SUMMARY PROJ-gCT AFTER SCHOOL/S~ PROGRAM AT BENSLEY PUBLIC SCHOOL/ADC PILOT PROJECT MORTGAGE DOWNPAYMENTASSISTANCE UTILITIES CONNECTIONS FUND HOt4E'LKSS ASSISTANCE FUNDS COST $25,000 30,000 20,000 25,000 15~000 $115,000 PROJECT NdMg: AFTER SCHOOL/SHIttER PROGRAM AT BENSLEY Project I~scription: After school and summer youth program to provide youth in low and moderate income areas with constructive recreation opportunities. The program could be expanded in future years to provide senior citizen programs as well. Estimated Project Cost: $30,000 in FY 92-93 Includes salary and supplies for recreational personnel. Personnel costs $23,500 Supplies and materials and field trips 6~500 TOTAL $30,000 Justification: and Recreation. Funding Source: Impact on Operating Budget: Location: Requested by Bensley civic association and Department of Parks CDBG funds None Bensley Community Center LCW-GRANTS/PC280/5-22-92 00 068 PROJECT NAME: PUBLIC SCHOOL/ADC PILOT PROJECT Project Description: A pilot drop out prevention program for children from low-income families attending Falling Creek Middle School. Estimated Project Cost: Justification: Funding Source: Impact on Operating Budget: Location: PROJECT NAME: $30,000 in FY 92-93 Requested by Department of Social Services CDBG funds and State funds N/A Falling Creek Middle School MORTGAGE DOWNPAYMENTASSISTANCE PROGRAM Project Description: form of low interest loans housing. Est~-~ted Project Cost: Justification: Funding Source: Impact on Operating Budget: Location: Assistance to low and moderate income persons in the for mortgage downpayments on owner occupied $20,000 in FY 92-93 Requested by citizens. CDBG funds None Countywide PROJECT NAME: UTILITIES Project Description: A fund to provide assistance to low and moderate income residents of the County in obtaining sewer or water services from the County Utilities Department. Estimated Project Cost: Justification: Funding Source: Impact on Operating Budget: Location: $25,000 in FY 92-93 Prior experience in requests for assistance. CDBG funds None Countywide LCW-GRANTS / PC280 / 5- 22- 92 O0 069 PROJECT NAME= HOMELESS ASSISTANCE FUNDS Project Description: Funds to be given to sub-recipients providing assistance to homeless persons from Chesterfield County. Estimmted Project Cost: Justification: Funding Source: Impact on Operating Budget: Location: $15,000 in FY 92-93 CHAS CDBG funds None N/A LCW-GRANTS/PC280/5- 22-92 00 070 PROJECT COST DEHOLITION/SECURING OF VACANT BUILDINGS ~80~000 TOTAL $80,000 PROJECT NAME: DEMOLITION/SECURITY OF EXISTING BUILDINGS Project D~scription: This project would establish a revolving fund to demolish and/or secure vacant buildings. The funds would be repaid when liens against the property are successfully collected by the County. The program would apply to vacant property which has a blighting and unsafe influence on low and moderate income neighborhoods. Est~mmted Project Cost: Justification: Funding Source: Impact on Operating Budget: Location: $80,000 in FY 92-93 Requested by Building Inspection CDBG funds None Countywide LCW-GRANTS / PC280 / 5- 22 O0 7i HUD CATEGORY: PLANNING AND CAPACITY BUILDING PROJECT Ettrick Overlay Zone COST $20,000 PROJECT NAME: E~RICKVII.IAGE OVERLAY ZONE Project Description: The development of ~a zoning Ordinance amendment creating an overlay zone in the Village of Ettrick. The Ettrick Village Plan adopted in May, 1991, recommended that the Planning Department prepare a zoning ordinance amendment specifically designed for the needs of Ettrick's older urban buildings and parcels. The County's current zoning requirements are generally designed for suburban shopping malls, subdiVisions and office parks, not the historic urban form of Ettrick. Estimated Project Cost: Justification: Funding Source: Impact On Operating Budget: Location: $20,000 Ettrick Village Plan CDBG None Ettrick LCW-GRANTS/PC280/5- 22- 92 HUD CATEGORY: PROGRAH ADHINISTRATION SL~4ARY PROJECT COST CDBGADMINISTRATION 90~000 90,000 PROJECT NAME: CDBGAI~fiNIS~TION Project Description: The establishment of an office of CDBG administration to be staffed by a CDBG program administrator and a clerical support person. The office would be responsible for project administration, and all reporting to HUD on project activity, preparing annual CHAS, annual programs and supervising code enforcement and housing rehabilitation personnel. Estimated Project Cost: Administrator (salary, benefits, expenses) Secretary/Clerk Office furnishings, computers, supplies and administrative expenses $50,000 25,000 15,000 $90,000 Justification: N/A Funding Source: CDBG funds I~act on Operating Budget: None Location: County Government Complex LCW-GRANTS/PC280/5-22-92 PROJECTS REQUESTED BUT NOT INCLUDgl) IN CDBG PIIOGPa~I Project Cost Construction of a Health and Human Serv±ces Clin±c in the Route 1/301 Area $2,707,000 Extension of Bus Transportation along Route 1 and Route 60 100,000 Stormwater Management in Ettrick and Quail Oaks (3 projects) 460,000 Market Analysis for Downtown Ettrick 50,000 Project Coordinator (Comprehensive Planning) Position for Ettrick and Jefferson Davis Plans 30,000 Facade Improvement Program 60,000 Ettrick Park Improvements 55,000 Staff Person to Work with Ettrick as Ombudsman for County Services 50,000 Children's Home of Virginia Baptist, Inc. Multi-Purpose Building 78,000 Recycling Bins in Bensley and service once a week (not eligible per Hud) 5,000 Land for the first Iron-Works in America Foundry Replica N/A Extension of Wentworth Street 15,000 - 25,000 Upgrade Chesterfield Avenue 19,000 Additional Lighting of Triple Nickel Bridge 35,000 LCW- GRANTS / PC280/5- 22 -92 00 074 Proposed Soccer Program Bermuda Run The children and young adolescents in Bermuda Run have little opportunity to participate in organized sports programs due to lack of facilities within walking distance lack of family financial resources to participate in programs requiring a fee lack of transportation Organized sports not only allow children and adolescents to develop physical skills and discipline but also to learn teamwork, cooperation and sportsmanship. Participating on a team also allows children and adolescents to develop a sense of competence and confidence in themselves. Participation in organized activities is highly correlated with better adjustment in children and adolescents. Children and adolescents who are actively involved in organized sports and other activities are less likely to get in trouble with drugs, commit crimes against property or others, or become adolescem parents. An investmem in youth to provide activities for them is much smaller than taking care of the costs after they get into trouble. Soccer is a sport which allows constant participation from a larger number of children at one time than many other sports. It is also easy for children to learn and requires less special/zed skills and equipment. 2 Descri_ntion of Pro,am The program is being planned by a planning committee composed of concerned parents and members of the community representing the property management company, Chester YMCA, County Departments of Park and Recreation and Mental Health, the Baptist Children's Home and the Lincoln Phih'ps School of Soccer. The proposed program will be an in-house recreational soccer program initially involving 100 children between the ages of 5 and 14. The program expects to field 10 teams with 7 to 10 players per team in five age groups (5-6, 7-8, 9-10, 11-12, 13-14). The teams in each age group will play each other as well as beginning level teams from the YMCA. To provide variety mixed age matches will also be held. As the program develops, the teams will compete against children in other area programs. It is expected that each age group will practice twice per week and participate in one game each week. Intensive training sessions will be initially held once weekly with each age group using outside trainers. As players and parent coaches develop skills and game understanding, the use of outside trainers will decrease with parents taking increasingly more training responsib'tlities. Program personnel will consist of the following: Parent Administrgt0r The parent administrator will be responsible for the overall operation of the program along with the soccer director. The administrator will be responsible for registration, team and 3 coaching assignments, securing fields, arranging transportation, publicity, soliciting parent volunteers, scheduling, and budget. Soccer Director The soccer director -,viii be respomible for the overall operation of the athletic aspect of the program. The soccer director will be responsible for training of both coaches and players, will recruit and supervise coaches and work with the administrator on scheduling practices and games. Parent Coaches Parent coaches will be responsible for training and practice sessions and game coaching. With the administrator and director, coaches will be responsible for scheduling practice and training sessions. Team Representative~ Each team will have a representative who will coordinate responsibility for the provision of water and refreshments for the players during matches. Representatives will also he responsible for maintaining the team roster, arranging non-athletic team activities, securing and distributing uniforms, setting up and removing equipment from fields as needed, coordinating transportation, and serving as a liaison between parents and team coach. 4 Bus Driver Operate vehicle to transport players to and from practices and matches as needed. Pro.am Commit[cc The program committee will be responsible for planning, supporting and monitoring the soccer program. The committee will solicit sponsorship, make recommendations and monitor progress. Propo~l Budget Personnel Yearly Cost Soccer Dkector (540 hours @ 10.00 per hour) $ 5,400.00 Parent Administrator ($5 weekly stipend, 28 weeks) 140.00 Parent Coaches ($5 weekly stipend~ 24 weeks) 1~200.00 Trainers (40 hours ~ 10.00 per hour) 400.00 Bus Driver ($7.00 per hour - $6.00 plus benefits)$ 2,700.00 Officials ($18.00 per game) $ 1~800.00 Team Representatives Total Personnel ($11~640.00) Equipment 20balls @ $12.00 each $ 240.00 2 sets goals posts and nets @ 1~200.00 each 2,400.00 8 cones at 5.00 each 40.00 line marker 150.00 line chalk ~ $3.00 per game 360.00 100 U .nifonn shirta ~. $7.00 each 700.00 100 uniform socks ~ $4.00 each 400.00 100 shim guards @ $7.00 each 700.00 100 pair cleats @ $30.00 per pair 3,000.00 Total Equipment $ ?r090.00 Miscellaneous Transportation 100.00 per year Clerical 450.00 per year Copying 200.00 per year Postage 50.00 per year Total Mi~eellaneous $ 800.00 Grand Totals $20,430.00 M.D. STITH, JR. Director Chesterfield County Parks & Recreation P.O. Box 40 Chesterfield, Virginia 23832 (804) 748-162~ TDD: 748-1 July 1, 1992 Dear , We, the Parents of Bermuda Run Apartments, are trying to organize a Soccer Clinic for disadvantaged youths of a Chesterfield County housing unit. We would like to invite you to participate in our organizational meetings. We will be holding committee meetings at the Community Center on with staff from the Parks and Recreation Department. This meeting will take place at p.m. The Community Center is located behind 2707 Martingale Road, off Jeff Davis Highway. Take the first left on Martingale Road and go all the way to the top of the hill. The last small building on the left-hand side is where we are holding our meeting. We will be receiving help from Lincoln Phillips, a Professor at Virginia Commonwealth University. Mr. Phillips, is a former competitive soccer player and specializes in teaching disadvantaged youths the skills and techniques of the game of soccer. He is also an author of soccer skills books. We solicit any help that you can provide from your organization. Monetary support is surely needed, however, any support will be well appreciated. If you are interested in any way, please feel free to contact at between and anytime. Again, your input at our committee meetings is welcome. We look forward to hearing from you in the near future. you. Thank Sincerely, Frances Jackson Soccer Coordinator P,O. BOX C-85333 RICHMOND, VIRGINIA 23293-0001 /804) 649-6000 NO DISC( CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE: July 22, 1992 ITEM NUMBER: 7oCo SUBJECT: UTILITY PUBLIC HEARING: Ordinance to Vacate a Portion of a Variable Width Right of Way within Bermuda Place Subdivision COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: David Cibula, Malcolm Stone and Frank Frazier have submitted an application requesting the vacation of a portion of a variable width right of way known as Bermuda Place Drive in Bermuda Place Subdivision. This request has been reviewed and staff recommends that a 30' strip adjacent to Old Stage Road be retained for possible future road widening and utility extension, and a water and drainage easement be retained across the entire area to be vacated. RECOMMEI~'DATION: ' Staff recommends that the Board of Supervisors adopt the ordinance to vacate a variable width right of way known as Bermuda Place Drive within Bermuda Place Subdivision, subject to the retention of the 30' strip and easement. DISTRICT: Bermuda ATTACHMENTS: YES I NO I'1 PREPARED BY: ,/,~/: ~dward BeE, Jr. A~stant Director of Utilities SIGNATURE: COUNTY :DM~I ISTRATOR O0 075 UTILITY PUBLIC HEAI~t~G: ORDINANCE TO VACATF...~ PORTION OF A VARIABLE WIDTH RIGHT V~AY WITHIN BERMUDA PLA SUBDIVISION Park GAY FARMS MOBIL! PAl; ~DOOCK BRYAN RIDGE MISTWOOD FOREST HAPPY HILL MOBILI: BI~RMUDA |PARK N DUSTRIAL! PARK Ldke BERMUI~A MOBILE HOMES Ann STATION / O0 076 Id 0 J O( 077 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AG E NDA MEETING DATE: July 22, 1992 ITEM NUMBER: Yon. SUBJECT: UTILITY PUBLIC HEARING: Ordinance to Vacate Lots 15, 16, and 17 and a Portion of a 30' Right of Way Known as Johnson Street within Popular Hills Subdivision COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION Staff is requesting the vacation of lots 15, 16, and 17 and a portion of a 30' right of way known as Johnson Street, within Popular Hills Subdivision. This property was purchased along with a larger parcel to be used for the new Fire and Safety Training Center. This vacation will allow the lots and portion of road to be utilized as a part of the larger tract. RECO~E~DATIC~: Staff recommends that the Board of Supervisors adopt the ordinance to vacate lots 15, 16, and 17 and a portion of a 30' right of way known as Johnson Street within Popular Hills Subdivision. DISTRICT: Bermuda ATTACHMENTS: YES · NO [] PREPARED By: '/.J~. dward .Bec,~, jrt. Assistant DireCtor of Utilities SIGNATURE:: COUNTY ADMI NI STRATOR oo o?a UTILITY PUBLIC HEAP~G: ORDINANCE TO VACATF-,~,,OTS 15, 16, AND 17 AND A PORTION OF A 30' t HT OF WAY KNOWN AS JOHk }N STREET WITHIN POPULAR H]I,I,S SUBDIVISION Memorial Park M~lunt Pleasant PERKINSOr RD PR'~STWOU L] FARMS 6 TERRACE IWHIPPOORWILL CHESTERFIELD MANOR O0 079 ~07 ' ' I 75~' CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE: SUBdECT: July 22, 1992 ITEM NUMBER: 7.E. Public Hearing to Consider Amendments to Zoning Ordinance Relative to Billboards COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION Background: As requested by the Board, the Planning Commission has reviewed the County's billboard regulations and recommends adoption of the attached zoning ordinance amendment. The proposed amendment will substantially expand the area of the County in which billboards are prohibited by including all emerging growth areas, village areas, river corridors and limited access road corridors in the prohibition area. The extent of the expansion of the prohibition area can be seen by comparing the size of the purple area on attachments 2 and 3. In addition, a conditional use permit will be required for (Continued) ATTACHMENTS: YES [3 0703: 1578.1 NO · SIGNATURE: I~EPARED BY; Steven L. Micas County Attorney COUNTY ADM I NI STRATOR 00 081 BOS-9891 AGENDA ITEM July 22, 1992 Page Two all future billboards in the remaining areas of the County where new billboards are permitted. The proposed amendment will not change the existing ordinance provision capping the total number of billboards in the County. An existing, legal billboard must still be demolished before a new billboard can be erected. Although the proposed amendment will increase the number of legal, nonconforming billboards in the County, it will not require the removal of any existing signs. Attachments 1 and 2 are maps illustrating locations of existing and proposed areas where billboards would be prohibited. Attachment 3 is the proposed ordinance amendment. Attachment 4 is a copy of a detailed study conducted by the Planning Department in 1990 which lists the location and number of existing billboards in the County, shows the potential locations of new billboards, and compares billboard standards utilized elsewhere. Attachment 5 is a proposal from the billboard industry for changes to the current ordinance. Attachment 6 compares the Planning Commission recommendation with the billboard industry request. Recommendation: Planning Commission and staff recommend that the Board adopt the attached zoning ordinance amendment. 0703:1578.1 O0 082 ATTACHMENT ATTACHHENT 2 ATTACHMENT 3 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHF_~TERFIELD , 1978, AS AMENDS, BY AMENDING AND RF_~NACTING SECTIONS 21-62, 21-163 AND 21.1-266 RELAT~G GENERALLY TO OUTDOOR ADVERTISING SIGNS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 21-62 and 21-163 of the Code of the Count_ of Chesterfield, 1978, as amended, are amended and reenacted to read as follows: Sec. 21-62. Same-B-3, M-l, M-2, and M-3 Districts. The following signs shall be permitted in the B-3, M-l, M-2 and M-3 Districts: o o o o o o Sec. 21-163. Permitted uses--By right. Within any B-3 District, no building, stmcture, or premises shall be used or arranged or designed to be used in any part except for one or more of the following uses, subject to the provisions of division 11.2: (1) Any use permitted in the B-2 District. 0705:832.1 (6/18/92) 00 083 (2) Auction sales or salvage barns. 000 (2) That Section 21.1-266 of the Code of the Counff of Chesterfield, 1978, as amended, is amended and reenacted to read as follows: Sec. 21.1-266. Generally. 0 0 0 (J) Outdoor advertising signs shall be prohibited within the following areas: (1) [.4\ All areas of the County except for the areas described in section 211-252 (a,) (b).. and (c) ,~^" ..... '~ ~' '~'~-~ ~-'*'~ -,:'~: .... 0705: 832.1 (6/18/92) 00 084 /"'7% (2) All parcels of land located within one thousand five hundred (1,500) feet of the centerline of any limited 'access road, as defined by the Thoroughfare Plan including all parcels of land located within one thousand five hundred (1,500) feet of the centerline of any ramp comprising an interchange between any such limited access road and any other street. (3) All parcels of land located within five hundred (500) feet of the James River 100-year flood plain between the Powhat_a_n County boundary, and the confluence of the James and Appomattox Rivers. (4) All parcels of land located within five hundred (500) feet of the Appomattox River 100-year flood plain between the Powhatan County boundary and the Colonial Heights corporate limits, including all parcels of land located within five hundred (500) feet of the Lake Chesdin 100-year flood plain. (5) All parcels of land located within five hundred (500) feet of the Appomattox River 100-year flood plain between the confluence of Swift Creek and the Appomattox River and the confluence of the Appomattox and James Rivers. 0705:832.1 - 3 - (6/18/92) 00 085 (lk_) In A. C-3, C-4, C-5, "~d I-1, 1-2 and 1-3 districts, outdoor advertising signs shall be permitted subject to obtaining a conditional use, except in thoSe areas specified in subsection (j) where outdoor advertising signs are prohibited. (eld Amj-No outdoor advertising sign~ shall ncr exceed an area of three hundred eightyfiv (385) square feet; .... + +~' ..... No outdoor advertising sign shall exceed a height of twenty-five (25) feet and one (1) sign high~._. Each outdoor advertising sign "~d shall conform to the building setbacks of the district in which it is located. Each outdoor advertising sign shall be located at least seven hundred {700) linear feet from every_ other outdoor advertising sign. Further, such signs shall be ~+ '~"~' ...... u...a~a ~-mm ~, ~..~ .-a at least three hundred (300) feet from county parks, entrances into residential developments and multifamily residential and townhouse residential zoned properties. No outdoor advertising signs shall be located within the limits of a 100-year floodplain. Prior to the erection of a new outdoor advertising sign, an outdoor advertising sign lawfully existing in the county on December 1, 1990, or lawfully erected in the county pursuant to a new sign permit issued after ~,.~,~,. ,.-,~,^4'4'~*:"~,,~ ,~,~'~*~ ,,.^4' ,u:,_o .... o,..~.,,.':~- July 24, 1991, must first be demolished. 0705:832.1 - 4 - (6/18/92) O0 086 (orn~ An abandoned sign and all structural elements above the footing shall be removed by the owner of the sign or the owner or lessee of the property. Any sign located on property which becomes vacant and is unoccupied for a period of two (2) years or more shall be deemed abandoned. (3) This ordinance shall become effective immediately upon adoption. 0705: 832.1 (6/18/92) -5- 00 087 BOARD OF SUPERVISORS HARRY G, DANIEL, CHAIRMAN DALE DISTRICT ARTHUR S, WARREN, VICE CHAIRMAN CLOVER H1LL I:3STRICT J, L MCHALF_., III WHALL=Y M, COLBERT MATOACA DISTRICT EDWARD B. BARBER CHESTERFIELD CO UNTY P.O. Box 40 CHESTERFIELD, VIRGINIA 23832-0040 ATTACHMENT 4 LANE B. RAMSEY COUNTY ADMINISTRATOR TO: FROM: Chesterfield County Planning Commission~.~~7 Thomas E. Jacobson, Director of Planning DATE: April 22, 1992 SUBJECT: Billboards - Overview Following is a review of the existing Ordinance requirements for billboards. Further, in November of 1990, staff surveyed existing billboards in the County and performed extensive research of other localities regulations. Following is an updated synopsis of those findings. CURRENT ZONING ORDINANCE SITUATION At present, the County has two (2) Zoning Ordinances. The first Ordinance applies to property zoned on, or before, April 12, 1989, and the second Ordinance applies to property zoned after April 12, 1989. The "new" Zoning Ordinance prohibits billboards in the "old" Overlay Districts and Village Districts; permits billboards by right in C-5, I-2 and I-3 Districts in all other areas; by Conditional Use in C-3, C-4 and I-1 Districts in all other areas; and by Conditional Use in A Districts in all areas except Village, Overlay and Special Sign Districts. The "old" Zoning Ordinance also prohibits billboards in the Overlay and Village Districts and permits billboards by right in B-3 Districts in all other areas. (See Attachments 1 and 2) There are several major differences between the "old" and "new" Ordinances. Attachment 1 depicts where billboards are prohibited. The "old" Zoning Ordinance permits billboards in the area lying between Parker Lane and 1-95 if the property was properly zoned prior to April 12, 1989. The "new" Zoning Ordinance prohibits billboards in the same area for property zoned after April 12, 1989. Attachment 2 depicts the zoning districts where billboards are either. permitted by right or Conditional Use. In some respects, the adoption of the "new" Zoning Ordinance became more liberal in the locations where billboards are permitted by right. Specifically, prior to adoption of the new Ordinance, a Conditional use was required to erect a billboard in any industrial district. The "new" Zoning Ordinance permits billboards by right in I-2 and I-3 Districts and with Conditional Use in I-1 Districts, except in those areas where billboards are prohibited. O0 088 Chesterfield County Planning Commission Page: 2 Another major difference between billboards erected in "old" zoning districts (i.e., B and M Districts) versus "new" zoning districts (i.e., C and Districts) are the size requirements, as shown in Attachments 3 and 4. STATUS OF BILLBOARDS NOVEMBER 1990 AS DETERMINED BY FIELD SURVEY Staff took a windshield survey of existing billboards along the CoUnty's major corridors. Staff estimated that a total of 121 structures, having approximately 219 advertisements, were located along the major corridors. It should be noted that a number of billboards had no advertising message. In addition to the 121 structures already erected, staff had released permits for eighteen (18) additional structures. (See Attachment 5) Specifically, the following number of billboards were found along the identified corridors: NUMBER OF BITJ.BOARDS ON MAJOR CORRIDORS APPROVED BUT NOT CORRIDOR EXISTING CONSTRUCTED Route 60 20 4 Route 360 30 6 Courthouse/Huguenot 1 Turner Road 1 1 Genito Road 1 Ruthers Road 1 Chippenham Parkway 6 Route 10 12 2 Jefferson Davis ~ighway 34 4 1-95 15 Ruffin Mill Road 0 1 O0 089 Chesterfield County Planning Commission Page: 3 The survey in 1990 revealed the following type of advertisements. Also noted is the approximate number of advertisements in each category which could be considered to identify Chesterfield County businesses. TYPES OF ADVERTISEMENTS ADVERTISEMENT TOTAL # CHESTERFI~I,D BUSINESS Products 8 Tobacco 28 17 Restaurants 38 7 Automobile Dealerships and Automobiles 6 3 Residential Developments 17 17 T.V./Radio/Cable 27 11 Hotels/Motels 25 16 Public Service 10 10 Hospitals and Insurance Companies 7 5 Other Types of Businesses 53 12 TOTAL ADVERTISEMENTS 219 98 POTENTIAL BILLBOARD LOCATIONS Areas which are either zoned or have the potential to be zoned to permit billboards by right, by Conditional Use or Special Exception are reflected in Attachment 6. COMPARISON OF NUMBERS OF BILLBOARDS IN CH]~STERFIELD~ HENRICO AND RICHMOND BETWEEN 1986 AND 1992 Attachment 7 compares the number of billboards erected in each of the three (3) localities between January 1, 1986, and April 15, 1992. This chart is significant in that during the four (4) year period, there were sixty-seven (67) structures erected in Chesterfield; thirty-seven (37) in Henrico; and seventy-one (71) in Richmond. The increase in billboard activity in each of the localities occurred immediately prior to the adoption of new billboard regulations. Chesterfield's significant increases occurred in 1986 and again in 1989 immediately prior to adoption of the Overlay District and the "new" Zoning Ordinance. 00 090 Chesterfield County Planning Commission Page: 4 Other Virginia Locality Regulations Richmond As noted in Attachment 7, in November 1988, Richmond banned billboards except along Federally aided highways. Given spacing requirements and the location of existing billboards, no additional billboards can be erected i~ Richmond. Henrico County Again as noted in Attachment 7, in January 28, 1987, Henrico County banned billboards except for along Federally aided highways and all nonconforming signs must be removed by 1999. Henrico has scheduled a work session with its Planning Commission to review their billboard requirements on April 28, 1992, at 9:30 a.m. in their Board of Supervisors meeting room. Colonial Heights Has banned any new billboards. Petersbur~ In March 1991, Petersburg adopted an Ordinance which banned the construction of any new billboards. Dinwiddie Allows billboards in A-2, M-l, M-2, B-2 and B-3 Districts. Size is limited to 300 square feet and signs are required to be spaced 1,000 feet apart. Other Localities - Charlottesville - banned new billboards as of 1974. - Fairfax - banned new billboards as of 1985. - Winchester, Falls Church, Alexandria, Loudoun, Prince William, Leesburg - have banned billboards. - Newport News - billboards are banned except along interstate highways. PARTICULAR REQUIREM~S APPLIED BY VARIOUS OTHER LOCALITIES BUT NOT NECESSARILY BY CHESTERFIETD - Numerous localities require spacing between signs located on opposite sides of the road. - Where structures have no advertisement on the back, a requirement to cover the structural elements. (Long Beach, California and ~anover, North Carolina). 00 091 Chesterfield County Planning Commission Page: 5 Smaller signs such as 150 square foot maximum on four (4) lane roads and seventy-five (75) square feet on roads having less than four (4) lanes. (Raleigh, North Carolina; Forth Worth, Texas; Hanover, North Carolina; and Durham, North Carolina) Larger spacing requirements such as 1,000 to 1,200 feet between signs. (Raleigh, North Carolina; Fort Worth, Texas; Hanover County, North Carolina; and Spartanburg, South Carolina) Requirement that a billboard be removed once a site is developed for a primary use. (Palm Beach, Florida) - Numerous localities preclude billboards over the top of buildings. Attachment(s) PC/COMM3/MAR41.DOC/dmm 00 092 ~ Z OU'I'I)OOR ADVERTISING SIGNS PERMITTED AND PROilIBITED AREAS ATTACRMEN'r 2 ZONING PERMITTED BY PERMITTED BY DISTRICT RIGI1T CONDITIONALUSE PROIIIBITED A X1,2 .O-l,O-2 X c-1~c-2 X c-3 X1 C-4 X1 C-5, B-3 X1 I-1 I-2 I-3 1. Outdoor advertising A. All parcels of signs are not permitted in the following areas: land located within 1,500 feat of the canterline of State Route 10 (Irou Bridge Road) between the Richmond corporate limits and the intersection of Route 10 and Interstate 295. B. All parcels of land located within 1,500 feet of the centerlina of U.S. Route 360 (]lull Street Road) between State Route 650 (Turner Road) and State Route 667 (Otterdale Road). C. Ail parcels of land located within 1,500 feet of the centerltna of State Route 60 (Mldlothian Turnpike) between the intersection of Route 60 and Falling Creek and tile Chesterfield County/Powhatan Cou~ ty line. D. Ail parcels of ]and located at tile interchange of State Route 10 (Iron Bridge Road) and State Route 288 and, specifically, within 1,500 feet of the centerline of any ramp comprising this interchange, whether co~structed or ptauned. E. Ail parcels of land located at tile interchange of State Route 144 (Chester Road) and State Rou~a 288 and, specifically, within 1,500 feet of the ce~terline of any ramp comprising this Interchange, whether co,lstrncted of planned. F. Ail parcels of land located at the interchange of State Route 604 (Courthouse Road) and State Route 288 aud, specifically, withln 1,500 feet of tile centarltne of any ramp comprising this interchange, whether constructed or planned. G. Ail parcels of land located at the interchange of State Route 10 (Iron Bridge Road) and Chippenham Parkway (State Route 150) and, specifically, wi thin 1,500 feet of tile centerlina of any ramp comprising this interchange, whether constructed or planned. H. Ail parcels of land located at the interchange of State Route 10 (East Hundred Road) and Interstate 295 and, specifically, wlthia 1,500 feet of the centerline of any ramp comprising this interchange, whether constructed or planned. Outdoor advertising signs are permitted in Agricultural (A) Districts wit:ti a conditional use except itl tile areas specified in 1. and the following areas: A. All parcels of land located within 300 feet of the closest boundaries of tile right of way of U.S. Route 60 (Mtdlothtan Turnpike) between State Route 868 (Grove Road) and tile iutersection of [J.S. Ro~Jte 60 and Falling Creek unless the parcel on which the sign is located extends further than 300 feet, in which case the prohtbitJon shall include such additional property for a maximum of ].,500 feet. B. All parcels of land located within 300 feet of the closest boundaries of the right of way of State Route 637 (Hopkins Road) between the Richmond corporate limits and intersection of State Route 637 (llopkins Road) and State Route 145 (Centralia Road), unless the parcel, on which the sign is located extends further than 300 feet, tn which case the proh~bitiou shall include such additional property for a maximum depth of 1,500 feet. PC/COMM3/MAR41.DOC/dn,, 00 0 0 0 0 0 Z 00' r' o o r" ~ z: m m :~ .~m ~ m o F --t ~fTACHMENT 5 WILLIAMS, MULLEN, CHRISTIAN & DOBBINS ATTOI~NEYS & COUNSELOF~S AT LAW MEMORANDUM TO: FROM: RE: DATE: William Poole Philip deB. Rome Sign Proposal From Lamar, 3M and Colony Advertising June 9, 1992 Based on our meetings with you, Kirk and Susan on May 28 and June 3, I have prepared the following general proposal for revisions to the County billboard ordinances which is acceptable to Lamar, 3M and Colony, which own over 86% of the current billboard structures in Chesterfield County: Billboards would be permitted as restricted uses in B-3, C-5, 1-2 and 1-3 Districts located in any Post Development Area subject to an administrative permitting process that would take no more than thirty (30) days to complete. The restrictions would be as follows: (A) SIGN AREA: No more than 385 square feet at non-interstate locations and no more than 700 square feet at interstate locations. (B) SPACING: 700 foot linear spacing between billboards and 75 foot radial spacing between billboards on opposite sides of the same road (measured between lines perpendicular to the road). (C) SETBACK: 30 feet from right-of-way. (D) PROHIBITED AREAS: All existing prohibited areas plus flood plains, river corridors, Chippenham Parkway and Powhite Parkway. (E) HEIGHT. No more than 25 feet in height and one sign high; however, the Planning Department (staff) may approve up to 10 feet in additional height if a billboard is located more than 30 feet from the right-of-way in order to avoid blocking another sign or building or in order to avoid being blocked by another sign or building. (F) SIGHT LINE: No new billboard shall be constructed in a manner so as to block the view of an existing business sign or building facade on an adjoining parcel as viewed by vehicular traffic from a distance of 300 feet in either direction. O0 099 (G) SPACING FROM CERTAIN USES: New billboards must be at least 300 feet from county parks, entrances to residential developments and multi-family residential and townhouse residentially zoned property. We suggest that an application process be established that would require a site location plan of the parcel on which the new board is to be constructed (including sight lines), plans and specifications of the new structure, and photographs of the subject property and adjoining parcels, upon=construction of the new billboard, the applicant would be required to have an engineer certify the height, setback, size and location of the new structure before any advertisement could be posted. New billboard structures proposed in B-3, C-5, I-2 and I-3 Districts in the Post Development Areas which do not meet the above criteria may be approved by the Planning Commission at a public hearing to be held within forty-five (45) days of the filing of an application after legal notice to adjoining property owners. This could be called a "provisional use" process which the Planning Commission could approve after a finding that the proposed construction would not damage adjoining property values, create a traffic hazard or block the view of business signs or business facades on adjoining parcels. In A, C-3, C-4 and I-1 Districts in Post Development Areas, billboards would be permitted by provisional use only subject to the above minimum standards and such other standards as the Planning Commission may deem appropriate. In Emerging Growth Areas, new billboards would be permitted in B-3, C-5, I-2 and I-3 Districts only as a provisional use after a finding by the Planning Commission that the proposed structure would not damage surrounding property values, create traffic hazards or block other existing business signs or building facades on adjoining parcels. The restricted use standards stated above for Post Development Areas would be the minimum standards for any new construction in Emerging Growth Areas, but, in addition, the applicant would be required to submit a landscaping proposal which would meet certain minimum standards that the billboard industry and Planning Staff could develop. Billboards would also permitted in A, C-3, C-4 and I-1 Districts in Emerging Growth Areas by conditional use only. We would also like to suggest a revision to the ordinance that would permit existing billboards to be relocated on the same parcel upon written application of the sign owner and property owner which would contain the written consent of all adjoining property owners. Such a relocation would be reviewed and approved administratively if the following conditions are met: 1. The sign area of the new sign would be no greater than the existing sign. -2- 00 100 following: of The cause for the relocation would be limited to one of the (a) to reduce obstruction of view of signs or buildings; (b) to maintain proper setback resulting from widening of right (c) [other reasons you~ay suggest] 3. The new sign would have to comply with the new sign standards for signs in the applicable area (Emerging Growth or Post Development). 4. If the applicant requested a variation from the new sign standards, any variation from those standards would have to be approved by the Planning Commission under the provisional use process. In consideration of the passage of such an ordinance, Lamar, 3M and Colony would agree to consider modifying some of their existing sign structures which have been the cause-of the most serious legitimate complaints (if there are any). These three companies would also solicit the similar cooperation of the other sign owners in Chesterfield. After examining the locations identified as being a concern to the Staff, Planning Commission or Board of Supervisors, the affected sign companies would commit to an "improvement program" which could involve relocation, landscaping, downsizing or some combination of the above. Of course, such actions could require the cooperation of the county since existing ordinances may not permit such action to be taken. We feel that the above proposai, when considered in light of the existing cap-and-replacement policy, serves three purposes: -3- O0 101 1. It would provide the county with the control that it desires over any new billboards by allowing administrative review within standards adopted by the Board, and by providing for Planning Commission and/or Board approval of any deviations from such standards in order to meet the overall goals of the county for sign control; and 2. It provides the county with the opportunity to correct some existing sign problems through the commitment of the industry to voluntary improvements under a plan approved by the Staff and Planning Commission. This benefit could not be obtained by the.county's adoption of a total ban or general conditional use requirement because the cooperation of the industry would be necessary. 3. It would enable the billboard industry to continue to provide significant free advertising space for public service advertisements. A substantially more restrictive ordinance which prevented the industry from replenishing its inventory of signs would result in the eventual elimination of any public service advertising. Our proposal would require substantial changes to the existing ordinance, but before we begin drafting specific ordinance changes we would like to have some indication that the Planning Commission and Board feel that this proposal is a worthwhile approach. I hope that the Commissioners and Supervisors will view this as an opportunity for the county not only to assume appropriate control over future structures, but also to take some steps to -4- O0 102 correct existing problems which would otherwise be beyond its legal ability to control. If the Planning Commission is willing to favorably consider an ordinance substantially as outlined above (or something similar) and pursue discussions for improving some existing sites, we will obviously need more time than is available between now and the Planning Commission meeting on June 16 to complete these efforts. I appreciate the time and effort that you, Kirk and Susan have devoted to this matter so far and hope that you will be able to recommend to the Commission that further discussions along these lines are appropriate. Rel :pdrlamsp -5- 00 103 o ~-..t r,..~ 0 0130 u3 0 4~ 0 I"-. (%D .,-I I'-. '.../ 0 0 0 .,-I 0 0 .,--t r---..---' c~ o o · t-I 0 O0 104 BILLBOARD OVERVIEW ATTACHMENT #7 YEAR CH~STERF IELD RENRICO RICHMOND 1986 24 5. 35 18 1987 5 2 2. 18 1988 2 0 1989 22 3., 4. 0 0 1990 14 3., 4. 0 6. 0 6. 1991 8 5. 0 0 1992 0 0 0 NOTES: On November 14, 1988, Richmond restricted outdoor structures were approved prior to that date. advertising. These Restrictions: Outdoor advertising has been banned everywhere except along Routes 64, 95, 195, and a portion of Route 360, where they are permitted by right, provided they are 500 feet apart and 500 feet from interchanges. These areas are currently saturated and no new boards can be erected. On January 28, 1987, Henrico restricted outdoor advertising. were approved prior to that date. These structures Restrictions: Outdoor advertising has been prohibited and must be removed by the year 1999 except for those located along Interstates 64, 95, 295, 195, and primary highways constructed with federal aid (i.e., Route 360, Route 33, and a section of Laburnum Avenue). These billboards may continue to exist under the State Beautification Act which covers federally funded highways. Thirty-five (35) structures erected in 1989 and 1990 were approved under old B-3 Zoning District regulations. One structure was installed in 1990 as per the new Zoning Ordinance requirements as a result of the property being rezoned to accommodate outdoor advertising. e In 1989, ten (10) structures were approved prior to adoption of the new Zoning Ordinance (4/89). In 1989 and 1990, twenty-six (26) structures have been approved since adoption of the new ordinance. Eight (8) structures were approved in 1991 prior to the last Ordinance Amendment related to outdoor advertising. All were under old B-3 zoning regulations, three (3) of which have been erected. We attribute the large number of structures approved in 1986 to the fact that there was an ordinance amendment pending (i.e., The Corridor Overlay District) which prohibited outdoor advertising in certain areas of the County regardless of zoning classification. 00 PC/COMM3/MAR41 105 *ND'HBg]~ OF BTT,T,ROARD~ ON HA..TOR COggI]X)RS ATTACHMENT #8 CORRIDOR EXISTING APPROVED BUT NOT CONSTRUCTED Route 60 22 Route 360 34 , Courthouse/Huguenot Turner Road 1 Genito Road 1 Ruthers Road 1 Chippenham Parkway Route 10 13 1 Jefferson Davis Highway 41 1-95 15 River Road 2 Ruffin Mill Road *It should be noted that this chart has been updated as of April 15, 1992, to reflect the exact status of the 18 permits released but not erected at the time of billboard survey. It also reflects billboards erected since adoption of Ordinance Amendment on July 24, 1991. To date our survey reflects 137 structures have been erected. PC/COMM3/MAR41 O0 106 A~ Affiliate of ~edia Genera~ P,O. BOX C-85333 RICHMOND, VIRGINIA 23293-OOOt (804) 649-6000 OUNT NODI D TMEREAFTER, CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE: July 22, 1992 ITEM NUMBER: 7.F. Public Hearing to Consider Adoption of an Ordinance ~-~: Amending § 14.1-1 of the Code of the County of Chesterfield, 1978, as amended, Relating to the Incorporation of Motor Vehicle Violations into the County Code COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION Every year the Board of Supervisors adopts an amendment to Section 14.1-1 of the County Code, adopting by reference into the County Code all state motor vehicle offenses as amended at that year's General Assembly. The effect of this incorporation is to allow County police officers to charge motorists under County summonses for such violations as reckless driving and failure to yield the right of way. By charging motorists under the County Code, all fines are received by the County treasurer rather than being sent to the State Literary Fund. In order to keep the County Code current, the Board annually must revise Section 14.1-1 to incorporate all changes made to State law during the 1992 General Assembly session. Recommendation: Staff incorporation ordinance. recommends adoption of the [ BOS-9891 ATTACHMENTS: YES m 0600:257.4 (260.2) NO ri Steven L. Micas County Attorney SIGNATURE: C ~Y~ DM I N I ST RATOR 00 107y AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1978, AS AMENDED, BY AMENDING AND REENACTING ARTICLE I, SECTION 14.1-1 RELATING TO THE INCORPORATION OF ALL DRIVING VIOLATIONS INTO THE COUNTY CODE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 14.1-1 of the Code of the County of Chesterfield, 1978, as amended, is amended and reenacted to read as follows: Sec. 14.1-1. Adoption of state law. Pursuant to the authority of section 46.~-1313 of the Code of Virginia, 1950, as amended, all of the provision~ and requirementR of the laws of the state contained in title 46.2~ and article 2 of chapter 7 of title 18.2 and article 9 of chapter 11 of title 16.1 of the Code of Virginia, as in force on~--~-- I, in~JJ~ July 1, 1992, except those provisions and requirements the violation of which constitutes a felony, and except those provisions and requirements which by their very nature can have no application to or within the county, are hereby adopted and incorporated in this chapter by reference and made applicable within the county. The following articles of Title 46.2 of the Code of Virginia are specifically excluded from such adoption and incorporation: Article 2 of Chapter 2; Articles 6, 13, 14, 15, 16, 17, 18 and 19 of Chapter 3; Articles 4 and 5 of Chapter 6; Articles 2 and 23 of Chapter 10; and Chapter 14. References to "highways of the state" contained in s~eh the provisions and requirements hereby adopted and incorporated shall be deemed to refer to the streets, highways and other public ways within the county. Such provisions and requirements are hereby adopted, mutatis mutandis, and made a part of this chapter as fully as though set forth at length herein, and it shall be unlawful for any person, within the county, to violate or fail, neglect or refuse to comply with any provision of title 46.2, article 2 of chapter 7 of title 18.2 or article 9 of chapter 11 of title 16.1 of the Code of Virginia which is adopted by this section; provided, that in no event shall the penalty imposed for the violation of any provision or requirement hereby adopted exceed the penalty imposed for a similar offense under title 46.2, article 2 of chapter 7 of title 18.2 or article 9 of chapter 11 of title 16.1 of the Code of Virginia. 0600:260.2 O0 105 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AG E NDA MEETING DATE: SUBJECT: July 22, 1992 ITEM NUMBER: 7. G. Public Hearing for Zoning Ordinance Amendment Relative to Historic Districts and Landmarks. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OFINFORMATION: BACKGROUND: Section 21.1-26 of the Zoning Ordinance states that applications for the creation of an historic district shall be filed with the Director of Planning by the owners of at least sixty percent of the buildings within the proposed district. This proposed amendment would allow the owners of all lots (vacant or with buildings) to participate in the application for historic district designation. The Ordinance, as currently written, acknowledges the interest of only those individuals who own buildings within a proposed historic district, but does not give the owners of vacant lots any standing in filing the request. If an historic district is enacted, all development within the district must comply with area design standards regardless of whether an addition is planned for an existing building or a new building is planned on a previously vacant lot. This change would treat the owners of vacant and improved property the same in filing an application for an historic PREPARED Director of Planning ATTACHMENTS: YES · NO [] 3JUL2292/B: AGENDA3/gok SIGNATURE: COUNTY ADM I NI STRATOR O0 AGENDA ITEM PUBLIC HEARING TO A~mg~D ZONING ORDINANCE RELATIVE TO HISTORIC DISTRICTS AND LANDMARKS JULY 22, 1992 PAGE 2 district. Further, it would give an owner of several vacant lots standing in the request in proportion to his percentage of improved and buildable lots within this district. On May 19, 1992, the Planning Commission held a public hearing and recommended that the Board adopt the attached ordinance amendment. RECOMMENDATION: The Planning Commission and staff recommend that the Board of Supervisors adopt the attached zoning ordinance amendment. 3JUL2292/B: AGENDA3/gok 00 110 AN ORDINANCE TO AMEND CHAPTER 21.1, ARTICLE III, DIVISION 2, OF THE CODE OF THE COUNTY OF CHESTERFIELD, 1978, AS AMENDED, RELATING TO HISTORIC DISTRICTS AND LANDMARKS J BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 21.1-26 of the Code of the -C~unty of {~h_sterfleld, 1978, as amended, is amended and reenacted as follows: S_ction 21.1-26. Procedure for designating an historic district landmarks and landmark sites. Applications for the creation of an historic district, or the designation of landmarks and landmark sites shall, be filed with the director of planning, by the planning commission, board of ~upervisors, the owner, contract purchaser with the owner's written ~.~.. ,~n~ ....... ~ owners of coi1sent, the owner's agent or .... 3 ~, ~ ..... t ~f ~ ........ ~ sixty (60) percent of the lots within a proposed historic district, The application shall be in such form and contain such information as shall be prescribed by the director of plarining. The board of supervisors may establish application fees in order to defray the cost of application review. 0600:84.1 00 111 A~ A~ate of Media Genera~ P.O. BOX C-85333 RICHMOND, VIRGINIA 23293-0001 (804) 649;6000 COUNTY OF CHESTE~RFIELD JOAN Del P~ZAI o NO DISCOUNT¢ ED THEREAFTER CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA MEET lNG DATE: SUSPECT: ~uly 22~ ~992 ITEM NUMBER: 7. H. Public Hearing to Consider an Ordinance to Provide Special Landfill Disposal Fees for Special Clean Up Programs Designated by the County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: From time to time, Chesterfield County has pursued special clean up programs through community associations and interested individuals. The County also engages in special zoning enforcement activities which require landowners to clean up vacant or occupied lots that have inadvertently and unintentionally been the receivers of unwanted domestic and commercial refuse. The present landfill tipping fee structure does not allow the County to provide special tipping fees to promote the orderly and timely clean up of this category of. waste. The County staff feel that providing opportunities to clean up certain areas is both in the public interest and serves our citizens well by providing incentives to improve the community. The attached ordinance would provide the County Administrator and Planning Director with the ability to designate certain programs in certain areas to be eligible for special tipping fee allowances. Examples of program areas that could take advantage of such incentives are the Route 1 Corridor, Ettrick and large undeveloped areas that are often susceptible to illicit dumping because they cannot be secured adequately. Special criteria will be developed by the County's Solid Waste ATTACHMENTS: YES · NO r'l PREPARED Deputy County Administrator for Management Services SIGNATURE: COU T~Y ADM I NI STRATOR O0 112 BOS-9891 July 22, 1992 Page 2 Manager and approved by the County Administrator to assure that clean up programs which qualify for special tipping fees meet certain time and quality standards. RECOMMENDATION= Conduct a public hearing to consider amendments to the County Code to provide for special tipping fees for the specific clean up situations provided in the attached ordinance. O0 113 .% AN ORDINANCE TO AMEND CHAPTER 10 OF THE CODE OF THE COUNTY OF CHES~D , 1978, AS AMENDED, BY ADDING A NEW SECTION 10-29.1 R~LATING TO SPECIAL TIPPING F~F~S AT COUNTY LANDFILLS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Chapter 10 of the Code of the Count. of Chesterfield, 1978, as amended, is hereby amended by adding Section 10-29.1 to read as follows: Sec. 10-29.1. Special Tipping Fee at County Landfills. a) A tipping fee of $20.00 five dollars ($5.00) per ton shall be charged for non-household refuse (other than tires, debris waste and material in existing landf'flls) deposited at a landfill owned by the county if the following criteria are satisfied: (1) The refuse was deposited illegally on property and the owner of the property has no knowledge of how the refuse was deposited on the property; or (2) The refuse was deposited on property 1) which is eligible for community development block grant funding or 2) which lies within a redevelopment or Special clean-up area as approved by the County Administrator. (b) The fee specified in subsection (a) shall be in lieu of any other tipping fee in effect for county-owned landf'flls. (2) This ordinance shall become effective immediately upon passage. 0405: 625.1 Adopted: 5/13/92 Revised 6/3/92 -1- 00 114 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AG E NDA MEETING DATE: Jul7 22, 1992 ITEM NUMBER: 7. I. SUBJECT: Public Hearing to Consider Amendment of Chapter 10 by Amending Article VII, Section 10-40, Relating to Siting of Solid Waste Management Facilities and Adding Article VIII Relating to Approval of Waste COUNTY ADMINISTRATOR'S COMM£NTS: Material Management and Disposal SUMMARY OF INFORMATION: In 1990, the Board of Supervisors adopted an ordinance requiring all solid waste facilities to obtain a siting approval permit from the County. Under the original ordinance, any person desiring to dispose of, collect, treat or process any solid waste on property located in the County was required to apply for a siting approval permit and to obtain the permit from the Board after a public hearing. In 1991, the ordinance was amended to exclude from the definition of "solid waste" and, therefore, exempt from regulation under the ordinance any material which was not regulated by the Department of Waste Management (DWM) or the State Water Control Board (SWCB). DWM and SWCB generally regulate solid waste materials in two different ways. For the disposal, treatment, processing or collection of most waste ATTACHMENTS: YES m 0400:1172.2 NO [] ( Continued) ' Steven L. Micas County Attorney SIGNATURE: COUNTY ADMINISTRATOR O0 115 BOS-9891 Agenda Item July 22, 1992 Page ~o materials, these agencies require a permit. The person who obtains the permit is then required to comply with the terms of the permit and with established state regulations governing the handling of the waste material involved. Other materials, however, are not regulated through the permitting process but instead are regulated pursuant to a written agreement between the property owner and the state agency. Under such agreements, the owner is required to comply with the conditions of the agreement or face enforcement action by the agency. The waste materials regulated by agreement are generally materials which are less environmentally sensitive than materials regulated by permit. The attached amendment to the County Code would modify the County's solid waste facility siting approval process for waste materials which, are regulated by DWM or SWCB, outside the permit process. The attached ordinance would establish such a modified procedure while leaving the existing solid waste facility siting ordinance in place for waste regulated by a permit. The proposed ordinance: 1) applies only to materials which are regulated by DWM or SWCB outside the permit procedure. All other solid waste materials would continue to be regulated by the existing County ordinance. 2) contains a shorter application form than is required under the existing ordinance since less information is required due to the nature of the waste involved. 3) provides a shorter time (90 days) for the Board to approve or deny a request than the existing ordinance (120 days). 4) provides that the Board's decision to approve or deny a request is made by resolution rather than at a public hearing. 5) provides for a smaller application fee ($1,000) than the existing ordinance ($1,500). As in the existing ordinance, the fee covers the cost of hiring a private engineering consultant to analyze the application and make recommendations. O0 11{3 Agenda Item July 22, 1992 Page Three (6) provides, as does the existing ordinance, that the approval of an applicant's request does not relieve the applicant of his responsibility to comply with the County's zoning ordinance. (7) contains a grandfather provision (which is identical to the one in the existing ordinance) exempting from the ordinance any waste management operation which had received either DWM or County zoning approval prior to July 1, 1989. Recommendation: Approval. 0400:1172.2 00 117 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHF_~TERFIRLD , 1978, AS AMENDED, BY AMENDING CHAPTER 10 BY AMENDING ARTICLE VII, SECTION 10-40, R~I.ATING TO SITING OF SOLID WASTE MANAGEMENT FACILITIES AND ADDING ARTICLE VIH RELATING TO APPROVAL OF WASTE MATERIAL MANAGEMENT AND DISPOSAL BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That section 10-40 of the Code of the Count. of Chesterfield, 1978, as amended, is hereby amended and reenacted to read as follows: Article VII. Siting of Solid Waste Management Facilities Sec. 10-40. Definitions. For the purposes of this article, the following words and phrases shall have the meanings ascribed by this section. (4) O 0 0 Material, the application, use or disposal of which is-does not require a permit from either ~-'~"~ · ,~ ..... by the Virginia Department of Waste Management or the State Water Control Board. O0 0 (2) That Chapter 10 of the Code of the Count. of ChesterfieM, 1978, as arnendecl, is hereby amended by adding the following: Article VIII. Approval of Waste Material Management and Disposal Sec. 10-50. Definitions. For the purpose of this article, the following words and phrases shall have the meanings ascribed by this section: Disposal means the discharge, deposit, injection, dumping, spilling, leaking or placing of waste material into or on any land or water so that such waste material or 0403:1164.1 - 1 - O0 118 any constituent thereof may enter the environment or be emitted into the air or discharged into any waters including groundwaters. Resource recovery means the recovery of material or energy from waste material. Sludge means any solid, semisolid or liquid wastes with similar characteristics and effects generated from a public, municipal, commercial or industrial wastewater treatment plant, water supply treatment plant, air pollution control facility or any other waste producing facility. Waste Material means any garbage, refuse, sludge and other discarded material, including solid, liquid, semisolid or contained gaseous material, which (i) results from industrial, commercial, mining and agricultural operations, or community activities and (ii) is regulated by either the Virginia Department of Waste Management or the State Water Control Board but does not require a permit from the Virginia Department of Waste Management or the State Water Control Board. In addition, the term "waste material" does not include: (1) Solid or dissolved material in domestic sewage; (2) Solid or dissolved material in irrigation return flows or in industrial discharges which are sources subject to a permit from the State Water Control Board; (3) Source, special nuclear, or by-product material as def'med by the Federal Atomic Energy Act of 1954, as amended, or (4) "Solid waste" as that term is def'med in section 10-40 of this Code. Treatment means any method, technique or process, including incineration or neutrali?ation, designed to change the physical, chemical or biological character or composition of any waste to neutralize it or to render it less hazardous or nonhazardous or nonhazardous, safer for transport, amendable to recovery, or storage or reduced in volume. Management means the collection, source separation, storage, transportation, transfer, processing, treatment and disposal of waste material or resource recovery. Sec. 10-51. Approval required. No disposal or management of waste material shall occur on property located within the county unless the owner of such property, or his authorized agent, shall 0403:1164.1 - 2 - O0 119 have first received approval from the governing body of the county as provided in this article. Sec. 10-52. Application for approval required. Any person desiring approval to engage in the disposal or management of waste material in the county shall complete an application, the form of which shall be as provided in section 10-53, and f'fle the application with the county's solid waste manager. Only applications completed on forms provided by the solid waste manager will be received for filing. The county shall not be deemed to have received an application fried under this section until the application is completed and contains all information requested by the application form or as reasonably requested by the solid waste manager. Sec. 10-53. Form of application for approval. The application required by section 10-52 shall be in the following form: WASTE MATERIAL MANAGF_3/IENT AND DISPOSAL APPROVAL APPLICATION Applicant Information: A. Name. B. Address. C. Contact Person: D. Business Telephone: Owner Information (if different from Applicant Information): A. Name: B. Address: C. Contact Person: D. Business Telephone: Site Location Information: ho Location Description: Location Map (attach) at an appropriate scale showing all of the following characteristics within 1,000 feet of the boundaries of the property on which the proposed use is to be located: 1. Surface water supply intakes. 0403:1164.1 - 3 - O0 120 IVo 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Watershed protection zones. Groundwater recharge areas. Wetlands. 100-year floodplain. Surface impoundment areas and free-flowing streams. Site topography. Private and public wells. Public and private roads. Public facilities. Residences. All other occupied structures. Existing zoning classifications. Property lines. C. Zoning approval for intended facility: Description of Proposed Use: Report (attach) of the hydrogeologic and soil characteristics of the site including: B. C. D. E. F. G. Vertical profile of soil for three (3) locations to a depth of five (5) feet below the lowest elevation of the proposed use. Water level elevations for each location at least twenty-four (24) hours after completion of field observations and permeability. Soil classification data at the lowest elevation of the proposed facility. Certificate on suitability of site soils for use as a cap or liner (if applicable). Map showing directions of groundwater flow and seasonal groundwater fluctuation. Soil boring logs. Fence diagram or other graphical representation showing the interrelationship of the site soils. Engineering Plans (attach) including the following: B. C. D. Eo Vicinity and location map. Boring locations. Topography and boundary information. Site layout plan showing the phasing and sequencing of the facility and facility site. Site plan showing all proposed site improvements. Site grading plan. 0403:1164.1 4 - O0 121 GC-7 drainage analysis. Liner and cap detail (as applicable). Groundwater monitoring well locations and well construction (as applicable). Specifications concerning liner and cap placement and construction (as applicable). Operations Plan (attached) which shall include the following: B. C. D. E. Waste material quantities, character, and sources. Site life calculations for the entire site and each phase or area of the site. Site development plan detailing the phasing and sequencing of the operational areas and cover material management (as appropriate). Groundwater monitoring program including number and location of wells and proposed sampling program (as appropriate). Access control describing procedures and equipment that the applicant will use to accomplish the following: Limit access to the site. Conduct inspections of waste material for unauthorized materials. Isolate and dispose of unauthorized materials. Waste management and disposal experience of the applicant and owner. Proposed method of meeting the state f'mancial assurance requirements. Signature and certificate of applicant: By my signature below I hereby certify that I am duly authorized by the owner of the proposed facility site to submit this application and that all information submitted on and with this application is true, accurate and complete. Applicant Section 10-54. Criteria for approval. The governing body of the county shall not grant approval under section 10-51 unless the governing body has determined that: 0403:1164.1 - 5 - 00 122 (a) The applicant's proposal poses no substantial present or potential danger to the health, safety or welfare of any person; and Co) The applicant's proposal poses no substantial present or potential danger to the enviroment. Section 10-55. Procedure for approval. The governing body of the county shall consider the applicant's request. The decision of the governing body to approve or deny the request shall be made by resolution within ninety (90) days of the date the county receives a completed application, as provided in section 10-52. Failure of the governing body to take action to grant or deny the applicant's request withing such ninety (90) day period shall constitute approval of the request. Co) If the governing body denies an applicant's request for approval, the applicant may appeal such denial to the circuit court of the county, provided that such appeal is fried within thirty (30) days of the date of the denial. (c) If an applicant's request is denied, no substantially similar application shall be fried with the county for twelve (12) months following the date of such denial. Section 10-56. Prior approval. Any person who has, prior to July 1, 1989, been issued a permit by the Virginia Department of Waste Management for the disposal or management of waste material, or has received zoning for such disposal or management, shall not be required to obtain approval pursuant to the provisions of this article. Sec. 10-57. Effect of approval; zoning required. The granting of approval pursuant to the provisions of this article shall not be deemed to be a grant of zoning approval. An application filed pursuant to section 10- 52 shall not be considered complete until the property involved in such application has been properly zoned for such use. Sec. 10-58. Application fee. Any person who submits an application pursuant to this article shall submit with the application an application fee of one thousand dollars ($1,000.00). 0403:1164.1 - 6 - O0 123 Sec. 10-59. Effect on recycling. Nothing contained in this article shall be construed in any way to discourage, hinder or prohibit recycling. (3) That this ordinance shall become effective immediately upon passage. 0403:1164.1 - 7 - 00 124 EXHIBITS from REUSE TECHNOLOGY, INC. to CHESTERFIELD COUNTY BOARD OF SUPERVISORS July 22, 1992 Stephen E. Baril, Esq. Bryan G. Redd, Esq. Williams, Mullen, Christian & Dobbins Richmond, VA EXHIBIT NO. 1 Mr. Speaker Mr. Micas Members of the Board - The County's current solid waste management facilities ordinance applies to the disposal of certain materials that are not defined as hazardous or waste materials by the State Department of Waste Management or the State water Control Board, specifically. Such materials as ashes, spoils from quarry operations, thermally treated soils and reclaimed soils that are not considered waste by the State, would, under the current ordinance, require County solid waste facilities approval. The ordinance before you will amend the County ordinance to be consistent with the State's definitions of waste and would therefore exclude certain materials that the State does not consider waste from the application of the County's ordinance. Mr. Currin Mr. Chairman - This item that is on the agenda today would affect one of my pieces of property therefore I am declaring a conflict under the State statute. Chairman Since this is a public hearing is there anyone here who would like to speak in favor of this proposal? Anyone else want to speak in favor of this proposal. [tape stopped] Is there anyone else who would like to speak in favor of this proposal. Anyone in opposition? Anyone in opposition please come forward at this time. [Cannot understand speaker] (Mr. Beadles spoke) EXHIBIT NO. 2 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1978, AS AF~ENDED, BY AMENDING AND REENACTING SECTION 10-40 RELATING TO THE SITING OF SOLID WASTE MANAGEMENT FACILITIES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 10-40, of the Code of' the County of Chesterfield, 1978, as amended, is amended and reenacted as follows: Article vii. Sitinq Of Solid Waste Manaqement Facilities Sec. 10-40. Definit$ons. For the purposes of this article, the following words and phrases shall have the meanings ascribed by this section: o o o Solid waste means any garbage, refuse, sludge and other discarded material, including solid, liquid, semisolid or contained gaseous material, resulting from industrial, commercial, mining and agricultural operations, or community acitivities but does not include: (2) Solid or dissolved material in domestic sewage~£ Solid or dissolved material in irrigation return flows or in industrial discharges which are sources subject to a permit from the State Water Control Board; er (3) Source, special nuclear, or by-product material as defined by the Federal Atomic Energy Act of 1954, as amended=; or Material, the a~plication, use, or. disposal of which is not regulated by the virginia Department of Waste Management or the State Water Control Board. o o o 0405:221.txt 4/3/91 Adopted: 7/24/91 1 of 1 EXHIBIT NO. 3 Sec. 10-4 Definitions Solid waste means any garbage, refuse, sludge and other discarded material, including solid, liquid, semisolid or contained gaseous material, resulting from industrial, commercial, mining and agricultural operations, or community activities but does not include: (4) Material the application, use, or disposal of which io _A~ ..... ~A~ ~.. does not require a Dermit from either the Virginia Department of Waste Management or the State Water Control Board. EXHIBIT NO. 4 Sec. 10-50. Definitions Waste Material means any garbage, refuse, sludge and other discarded material, including solid, liquid, semisolid or contained gaseous material, (i) which results from industrial, commercial, mining and agricultural operations or community activities and (ii) io_A~..~l~t~ ~--~~ whose application, use or disposal is conditioned, estricted or controlled bY a written aqreement between an pplicant under this sectiqn and either the Virginia Department o£ Waste Management or the State Water Control Board but which does not require a permit from the Virginia Department of Waste Management or the State Water Control Board. In addition, the term "waste material" does not include: (1) (2) (3) (4) Solid or dissolved material in domestic sewage; Solid or dissolved material in irrigation return flows or in industrial discharges which are sources subject to a permit from the State Water Control Board; Source, special nuclear, or by-product material as defined by the Federal Atomic Energy Act of 1954, as amended, or "Solid waste" as that term is defined in section 10-40 of this Code. EXHIBIT NO. 5 Sec. 10-50. Definition~ Waste Material means any garbage, refuse, sludge and other discarded material, including solid, liquid, semisolid or contained gaseous material, (i) which results from industrial, commercial, mining and agricultural operations or community activities and (ii) is regulated by either the virginia Department of Waste Management or the State Water Control Board but which does not require a the permit from the V~rglnl Department of Waste Management or State Water Control Board. In addition, the term "waste material" does not include: (1) (2) (3) (4) Solid or dissolved material in domestic sewage; Solid or dissolved material in irrigation return flows or in industrial discharges which are sources subject to a permit from the State Water Control Board; Source, special nuclear, or by-product material as defined by the Federal Atomic Energy Act of 1954, as amended; e~ ,'Solid waste" as that term is defined in section 10-40 of this Code; o.~r The use of coal ash as subbase for aaved road as_fill wi 1 1 under a De artment of Waste Mana ement or the State Water Control Board. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE SUB4ECT: July 22, 1992 ITEM NUMBER: 7oJ. Public Hearing to Consider a Request to Site a Methane Cogeneration Facility at the Chester Landfill COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In 1990, the Board of Supervisors adopted an ordinance requiring solid waste management facilities to obtain a siting approval permit from the County. "Solid waste management" includes the collection, storage, transfer processing and disposal of solid waste as well as the recovery of material or energy (such as methane gas recovery) from solid waste. Under the ordinance, any person desiring to construct or operate a solid waste management facility must apply for a siting approval permit and obtain the permit from the Board after a public hearing. Approximately two years ago, the County contracted with a landfill contractor to cap the Chester Landfill. Under this contract, the contractor is responsible for recovering and disposing of methane gas which is generated from the landfill waste. Currently, the methane is burned. The contractor has determined, however, that there is sufficient methane being produced by the landfill to justify the construction and ATTACHMENTS: YES I'1 NO · (Continued) William H. Howell / Director of General Services 0403:1311.1 SIGNATURE: COUNTY ADMINISTRATOR O0 125 BOS-9891 Agenda Item July 22, 1992 Page Two operation of a cogeneration facility which will use the methane to create electricity. Under the contract, the contractor will build and operate the facility on the Chester Landfill site. Since the proposed facility is a solid waste management facility under the County's ordinance, it cannot be located and operated at the Chester Landfill without a siting approval permit issued by the Board after a public hearing. The Board is required by the ordinance to hold the public hearing within ~120 days of the date the siting approval application is filed. It should also be noted that the proposed cogeneration facility will also require conditional use approval under the County's zoning ordinance. The Planning Commission recommended approval on June 16, 1992. The pubic hearing for conditional use approval is on the zoning agenda for today. Recommendation: Staff recommends that the Board grant solid waste management facility siting approval for the proposed Chester Landfill cogeneration facility. 0403:1311.1 O0 126 P,O, BOX C-85333 RICHMOND, VIRGINIA 23293-0001 (804) 649-6000 % CASH D SCOUNT F PAD ON OR BEFORE 1 5th OF THE sUCCEEDING MONTH, NO DISCOUNT ALLO\NED THEREAFTER. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE : ,,, July. 22, 1992 ITEM NUMBER: 7.K. SUBJECT: Public hearing for the repurchase and conveyance of property at the Airport Industrial Park from Alfit America, Inc. to Chesterfield County. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION BACKGROUND On May 23, 1990, the Board of Supervisors authorized the Chairman and County Administrator to execute documents to convey approxi- mately six acres in the Airpark to Alfit America, Inc. for $43,000 per acre. The contract to purchase the property by Alfit was executed. Due to market conditions and corporate decisions, Alfit will be unable to build a facility on their property. Pursuant to section nine (9.) of the Real Estate Purchase Contract, Alfit America, Inc. has failed to comply with the conditions set forth in the contract. Provisions between the company and in agreement with County policy, the County has the ability to repurchase the property on a first-right-of-refusal basis. According to the provisions, Alfit has approached the county for repurchase of the six acres. RECOMMENDATION AGI2JL42/jal ATTACHMENTS: YES · The Board authorize the Chairman and County Administrator to enter into a contract for repurchase of property from Alfit America, Inc. for $43,000/per acre. PREPARED BY~ ~,~4~ % ~ ~ J ames G. Dunn ssistant Director NO O Economic Development SIGNATURE :, COUNTY ADM I NI STRATOR 00 127/ BOS-9891 /KLFIT /~ERIC~ INCo PROPERTY DESCRIPTION All that certain tract or parcel of land containing approximately 6 acres, located in the Dale Magisterial District of Chesterfield County, Virginia at the Chesterfield Airport Industrial Park, which parcel fronts' approximately 476 feet on Whitepine Road and located approximately 1,446 feet northwest of w/1 of Reycan Road, and situated immediately adjacent to and northwest of 8100 Whitepine Road. MIS0MY23/del BUDGET AND MANAGEMENT COMMENTS: It is recommended that the Board of Supervisors appropriate $258,000 from the Airport Industrial Park Reserve. Funds are available. /1/ nes ' Stegmaier, DireCtor .. es.o. ?eg dget and Management O0 128 I q . T~ ]ALI:~T 1 I44°0~' 90"E BOS-9891 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE : July 22, 1992 ITEM NUMBER: 7.5. SUB4ECT: Public Hearing to appropriate Balance of 1988 Bond Proceeds and Interest Totalling $27,236,000 for the Two Remaining 1988 Referendum School Projects - Bettie Weaver Elementary and James River High COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In May, 1991 the two remaining 1988 Referendum school projects were bid for construction. The bids received were below original project cost estimates; however, it was not feasible to award construction contracts at that time. School staff is currently renegotiating with contractors for the two remaining projects (Bettie Weaver and James River). Staff expects to negotiate a price that would be less than the next low bid submitted in 1991, after due consideration of additional costs, for compliance with the Americans with Disabilities Act requirements and screening of mechanical equipment not part of the original bids. If negotiations are successful, school staff will want to award construction contracts. Appropriation of the remaining bond proceeds plus interest earnings would be required prior to awarding these contracts. The remaining bonds are scheduled to be sold this November. School staff has indicated that cash flow will be managed so that cash shortages do not occur and anticipated interest is earned. This will be accomplished in part by including, in the contracts, notice to proceed dates consistent with cash flow projections that anticipated a November, 1992 bond sale. ATTACHMENTS: YES El NO · (CONTINUED) Director, Budget and Management B028/Bos#5 SIGNATURE: COUNTY ADM I NI STRATOR 00 Agenda Item July 22, 1992 Page 2 ACTION REQUESTED: 1. Hold the public hearing to appropriate the balance of the 1988 Bond proceeds and interest totalling $27,236,000. 2. Appropriate the balance of the 1988 Bond proceeds ($25,820,000) and interest ($1,416,000) for school capital projects ($25,820,000) and debt service accounts ($1,416,000). Mr. Fulghum will be available at the Board meeting to answer questions regarding the status of the contract negotiations. B028/Bos#5 O0 131 An Affiliate of ~edia General P,O, BOX C-85333 RICHMOND, VIRGINIA 23293-0001 (804) 649-6000 AN~OUNT ~ % CAsH DiSCOUN~iF PA~D ON OR BEFORE ~ 5th OF: THE SUCCEE©!NG MONTH. NO DISCOUNT ALLOWED THEBEAFTEFL CHESTERFIELD COUNTY BOARD OF SUPERVISORS AG E NDA MEETING DATE: July 22, 1992 ITEM NUMBER: 7.H. SUB4ECT: PUBLIC HEARING: To Consider the Conveyance of Rights of Way Along Hull Street Road and Lockhardt and Hicks Roads to the Virginia Department of Transportation COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION Staff requests the Board of Supervisors to approve the conveyance of rights of way and temporary construction easements at the LaPrade Library and Manchester High School for the consideration of $41,259.64 to the Virginia Department of Transportation for road improvements along Hull Street Road and Lockhardt and Hicks Roads and to authorize the County Administrator to execute the necessary options and the Chairman of the Board and County Administrator to execute the necessary deeds. These conveyances were approved by the Board of Supervisors on May 13, 1992; however, the Virginia Department of Transportation has revised the plans which were attached to the previous agenda item. The conveyances and the consideration have been reviewed by necessary staff and approval is recommended. ATTACHMENTS: YES ~ NO [] ~E~ED BY:///Edward Bec~ Jr. istant Director of Utilities SIGNATURE: COUNTY ADM I N I STRATOR O0 BOS-9891 Board Agenda July 22, 1992 Page 2 Staff recommends that th~ Board of Supervisors approve the conveyances and authorize the County Administrator to execute the necessary options and the Chairman of the Board and County Administrator to execute the necessary deeds upon approval by the County Attorney's Office. DISTRICT: Clover Hill BUDGET AND MANAGEMENT COMMENTS: Staff requests that the Board appropriate these funds and transfer them to the Transportation Project Account. These funds will then be available for future transportation needs. BOARD ACTION RE.QUESTED: Appropriate funds in the amount of $41,259.64 to the Transportation Project Account.' udg es J. Lf. Stegmaier, ~Dlrector - et and Management B029.wpl/Bos#5 0 0 1 3 3 VICINITY SKETCH CONVEYANCE OF EA~"~VlENTS AT THE LAPRADE LIt~'~R¥ AND MANCHESTER HIGH SCHOOL TO C,.,,.SAPEAKE AND POTOMAC TEL,.PHONE COMPANY MEADOWS SHADYMIST '! TY~JGXT LA ~ ~ ~LUE ~r.x CT ~ ;URREYWOO Surreywood POCOSHOCX M anche',v.r XS' Manch~'l~r } Moun~ RIDGE Giea /~ LYND~,I O0 134 0 135 0 ~36. O0 137 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGE NDA July 22, 1992 MEETING DATE: ITEM NUMBER: 7. N. $UB4ECT: PUBLIC HEARING: Authorization to Convey 13.24 Acres to Mid City Farms Syndication Pursuant to a Right of Way Agreement COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION Mid City Farms Syndication has requested the conveyance of 13.24 acres, being a portion of Lots 7, 8, 9, and 10, Block E, Mid City Farms Subdivision. This property was conveyed to the County of Chesterfield on November 9, 1966, for the Ashton Creek Sewage Lagoon. The deed stipulates that if the County discontinues use of the sewage lagoon for a period of one year, then the property will be reconveyed to the grantors if a request to do so is made in writing. The Utilities Department no longer has a need for the lagoon and Mid City Farms Syndication made a request in writing that the property be reconveyed to them. This request has been reviewed by staff and approval is recommended. Necessary sewer easements will be retained. RECOMMENDATION: Staff recommends that the Board of Supervisors authorize the Chairman of the Board and County Administrator to execute a quitclaim deed to convey ]3.24 acres, being a portion of Lots 7, 8, 9, and 10, Block E, Mid City Farms Subdivision, to Mid City Farms Syndication. DISTRICT: Bermuda PREPARED BYe, ~~ J.~Fdward e~~ck, J~. Assistant Director ATTACHMENTS: YES g NO [] of Utilities SIGNATURE: COUNTY ADM I NI STRATOR 00 1 ¥ICINITY SKF. T CI-I RE~. ]EST TO QUITC~ 13.24 ACRES TO MID CITY~ARMS SYNDICATION (. HTON CREEK SEWAGE I~GOC , MISTWOOD FOREST BERMUI~A PLACE ,DDOCK :POINT,~ HAPPY HILL BRYAN RIDGE REENLEIGH HOMES RIGGERS STATI 0 N BERMUr RUN APTS TIN: ,¢~ T~ACE WALTHALI Mount Minnis Memorial Park Exit-5 Allied Ch em~c~i Research Labs 00 139 737,00' 500.00~ ~D MID 98L00' ,,~ITY '"',~A RM S 'N,,~OC K "B" 140 CHESTERFI ELD COUNTY BOARD OF SUPERVISORS AGE NDA MEETING DATE; SUBJECT: July 22, 1992 EXECUTIVE SESSION ITEM NUMBER; COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION Executive Session, pursuant to § 2.1-344(a) (7), Code of Virginia, 1950, as amended, for consultation with legal counsel regarding probable litigation involving the'location of the boundary line between Chesterfield and Powhatan Counties and relating to probable lititation regarding shrink/swell soils; pursuant to § 2.1- 344(a) (3), regarding the acquisition of real property for public purposes; and pursuant to § 2.1-344(a) (1), relating to the assignment, appointment, performance, removal or resignation of specific appointees of the Board. ATTACHMENTS: YES [] 0800:1513.1 NO [] Steven L. Micas County Attorney SIGNATURE COUNTY ADMINI STRATOR DATE: MOTION: SECOND: RE: CERTIFICATION OF EXECUTIVE SESSION HELD IN CONFORMANCE WITII LAW WIIEREAS, the Board of Supervisors has this day adjourned into Executive Session in accordance with a formal vote of the Board, and in adcordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, the Virginia Freedom of Information Act effective Ju].y 1, 1989, provides for certification that such Executive Session was conducted in conformity with law. NOW, TIIEREFORE, BE IT RESOLVED that the Board of County Supervisors does hereby certify that to the best of each member's knowledge, i) only public business .matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Executive Session which this certification applies, and ii) only such public business matters as were identified in the Motion by which the Executive Session was convened were heard, discussed or considered by the Board. No' member dissents from this certifiw cation. Vote: (by roll call) The Board beJ. ng polled, the vote was as follows: AYES: HAYS: ABSENT DURING VOTE: ABSENT DURING MEETING: **CERTIFIED** CLERK TO TIlE BOARD O0 248 CHESTERFI ELD COUNTY BOARD OF SUPERVISORS AGENDA k. MEETING DATE: .SUBJECT: July 22, 1992 ITEM NUMBER: 16.A. Public Hearing for a Zoning Ordinance Relative to Pets, Stock Farms and Zoos Amendment COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: BACKGROUND: The attached zoning ordinance amendments were initiated by the Planning Commission in response to a'zoning request that could not be processed under the current definition of stock farm. The Amendments: Define household pets as currently interpreted by allowing household pets as accessory to any permitted residential use. Household pets would be permitted as accessory to residential uses in any zoning district where residential uses are permitted. The current stock farm definition is modified in the following two areas: (1) The number of birds or rabbits constituting a stock farm is reduced from twelve (12) to six (6); and (2) the definition of a stock farm is expanded beyond typical farm animals to include any non-carnivorous, non-venomous animal. Thomas E. ~obson Director of Planning ATTACHMENTS: YES I~ NO [] 1JUL2292/B: AGENDA3/gok SIGNATURE: COUNTY ADI~ I N I STRATOR 00 AGENDA ITEM PUBLIC HEARING FOR A ZONING ORDINANCE AMENDMENT RELATIVE TO PETS, STOCK FARMS AND ZOOS JULY 22, 1992 PAGE 2 Stock farms would be permitted by right in agricultural (A) districts if located on a parcel of three (3) acres or more. A special exception would be required in A districts on parcels of less than three (3) acres. A conditional use would be required in any residential district. Zoos would be defined for the first time in the zoning ordinance and would include any animals not defined as household pets, stock farms or kennels. Zoos would be permitted with a conditional use in any zoning district. On May 19, 1992, the Planning Commission held a public hearing and recommended approval of these amendments. RECOMMENDATION: The Planning Commission and staff recommend that the Board of Supervisors adopt the attached zoning ordinance amendments. 1 JUL2292 / B: AGENDA3 / gok o0 250 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD , 1978, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 21-3, 21-77.17, 21-77.110, 21-169, 21-197, 21.1-46, 21.1-47, 21.1-96, 21.1-97, 21.1-104, 21.1-105, 21.1-113, 21.1-134 AND 21.1-281 RELATING GENERALLY TO PETS, STOCK FARMS AND ZOOS. BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Chapter 21 of the Code of the County of Chesterfield, 1978, as mended, is amended and reenacted to read as follows: 0 0 0 Sec. 21-3. Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: 0 0 0 Pet, Household. Animals which are customarily kept for personal use or enjoyment on the premises. Household pets shall include but not be limited to: domesticated cats; domesticated birds; domesticated rodents; domesticated fish; a maximum of two domesticated dogs; a total of six or less fowl, birds or rabbits; and any trained animal that is kept to assist handicapped individuals. 0 0 0 c~_.1 _uk:+ .... +u ..... 41 .~ .... +:~.+~.~ 1: .... +~1. A parcel of land on which are kept one or more non-carnivorous, non-venomous animals that are not household pets. Such animals shall include but not be limited to: cows; sheep; goats; horses; domesticated livestock or small domesticated mammals; and a total of more than six fowl, birds, or rabbits. 0 0 0 0705:788.1 1 of 5 - 4/24/92 O0 251 Sec, 21-77.17. Same - Accessory uses. The following accessory uses shall be permitted in the R-88 District: O O 0 Household pets. Sec. 21-110. Same O O O Accessory uses. The following accessory uses shall be permitted in the R-TH District: O O O (h) Household pets. ~ec, 21-169. Sec:. O O O Same - Accessory uses. The following accessory uses shall be permitted in the B-T District: ooo (c) Household pets. O O O 21-197. Same - Accessory uses. The following accessory uses shall be permitted in the R-MF District: ooo (f) Household pets. O O O 0705:788.1 - 2 of 5 - 4/24/92 00 (2). That Chapter 21.1 of the Code of the County of Chesterfield, 1978, as amended, is amended and reenacted to read as follows: Sec. 21.1-46. Accessory uses. O O O The following accessory uses shall be permitted in the R-88 District: OO O (f) Household pets. Sec. 21.1-47. Conditional uses. The following uses may be allowed by conditional use~ in the R-88 district subject to the provisions of section 21.1-9: O0 0 0 0 0 (o) Zoos. Sec. 21.1-96. Accessory uses. The following accessory uses shall be permitted in the R-TH District: (h) Household pets. 0 0 0 O O O Sec. 21.1-97. Conditional uses. The following uses may be allowed as-bY_ conditional uses-in the R-TH district, subject to the provisions of section 21.1-9: O O O (e) Zoos. 0705:788.1 4/24/92 3 of 5 - O0 253 0 0 0 Sec. 21.1-104. Accessory uses. The following accessory uses shall be permitted in the R-MF District: ooo (f) Household pets. Sec. 21.1-105. Conditional uses. The following uses may be allowed as-_~ conditional user in the R-MF district, subject to the provisions of section 21.1-9: (e) Zoos. 0 0 0 O O O Sec. 21.1-113. Conditional uses. The following uses may be allowed as-h.Z conditional uses~ in the MH-1 district, subject to the provisions of section 21.1-9: (a) Group care facilities. Co) Zoos. 0 O0 Sec. 21.1-134. Conditional uses. The following uses may be allowed by conditional use in the O-1 district, subject to the provisions of section 21.1-9: (c) Zoos. 0 0 0 O O O 0705:788.1 4 of 5 - 4/24/92 00 25,i Sec. 21.1-281. Del'tuitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: 0 0 0 Pet, HousehoM. Animals which are customarily kept for personal use or enjoyment on the premises. Household pets shall include but not be limited to: domesticated cats; domesticated birds; domesticated rodents; domesticated fish; a maximum of two domesticated dogs; a total of six or less fowl, birds or rabbits; and any trained animal that is kept to assist handicapped individuals. O0 0 kept one or more non-c~vorous, non-venomous ~Ms that ~e not household ~ts. Such animMs sh~ Mclude but not be ~it~ to: cows; sh~; goats; horses; domesticat~ Hvestock or sm~ domesticat~ mmm~s; ~d a to~ of more th~ s~ fowl, birds, or rabbits. 0 O0 Zoo. A parcel of land on which are kept one (1) or more animals that are not household pets, and are not permitted on a stock farm, or in a kennel. 0705:788.1 - 5 of 5 - 4/24/92 An Affiliate of Media Genera~ P,O, BOX C-85333 RICHMOND, VIRGINIA 23293-0001 (804) 649-6000 _ _ . % CASH DISCOUNT IF PAID ON OR BEFORE 1~ 5th OF THE SUCCEEDING MONTH. NO DISCOUNT ALLOWED THEREAFTER. CHESTERFI ELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE: SUBdECT: July 22, 1992 ITEM NUMBER; 16.B. Public Hearing For Zoning Ordinance Amendment Relative To Conditional Use For Similar Uses COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: BACKGROUND: This amendment was initiated by the Planning Commission in response to a zoning request that could not be processed under the current zoning ordinance. Even though the zoning ordinance lists 200-300 separate uses, the list is not all inclusive. Over time, as market conditions, technology and manufacturing processes change, uses evolve that are not specifically listed in the ordinance. Without this amendment, the zoning ordinance must be amended each time a request for a building permit, site plan or rezoning is sought for a use not specifically listed in the zoning ordinance. These individual amendments add unnecessary delay and can inhibit desirable developments. This amendment adds a general Conditional Use to each zoning district governed by Chapter 21.1. This modification would permit an application for a Conditional Use in each zoning district for a use similar to, but not specifically enumerated Thomas E. Ja~o~son Director of Planning ATTACHMENTS: YES m NO [] 2JUL2292/B: AGENDA3 / gok SIGNATURE: COUNTY ADMINISTRATOR 00 256 ,,,.-. AN ORDIIqANCE TO A1VIEND Tt~ CODE OF TILE. COITNTY OF Ct-IES~ , 1978, AS AMIENDED, BY AMEN'D~G AND RR~NACTING SECTiONS 21.14'7, 21.1-54, 21.1-61, 21.1-68, 21.1-75, 21.1-82, 21.1-89, 21.1-97, 21.1-105, 21.1-113, 21.1-120, 21.1-127, 21.1-134, 21.1-141, 21.1-148, 21.1-155, 21.1-162, 21.1-169 21.1-176, 21.1-183, 21.1-190 AND 21.1-197 RELATING GEIqERAI.I.Y TO USES WI~CI~ MAY BE AT.T.OW'ED BY CONDITIONAL USE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That the Code of the County of. Che.sterfield, 1978, as amended, is amended and reenacted to read as follows: o o 0 Sec. 21.1-47. Conditional uses. The following uses may be allowed by conditional use in the R-88 district, subject to the provisions of section 21.1-9: o o o (o) Subje~ct to the requiremema hereinhelow ~et f0~h, other u~es which ave not ~pecifieal!y enumemt~ in this chapter and which are of the same general character as the _$pecifically. enumerated u~e~ allowed in this district, Before consideration of an application tO allow any use by conditional u~e pursuant to this. ~ub~ecfion, the D'.t~ctor of Planning mu~t fi~d in writing .that the proposed u.se's operating characteristics are 3ubstantially simil~ to, and its ~npact on n~ighboring properties no greater than. the operating characteristics and .'.~.pact~ of the ~pecifically enumerated use~ allowed in this ~8tri~, Sucl~ fiIldlng ~hal] be ba~ed upon an ana!ys.i~ of the proposed use which includes, among other things, coo$ide_ration of the size and proposed configuration of the site; the ~ize. height and exterior architectural appearance of any proposed stmctur~ or ~'UC~.~:~; noise: light: ~!are; odors; dust; outdoor activities; u'af~c: parking;_ si_maage; and hours of operation. o o o Sec. 21.1-54. Conditional uses. The following uses may be allowed by conditional subject to the provisions of section 21.1-9: use in the R-40 district. 0705:849.1 - 1 of 12 4/29/92 O0 258 Those conditional uses permitted in the R-88 district. Co) Subject to the requirement~ hereinbelow set forth, other us. es which are not specifically enumerated in this chapte, r and which are of the same general character as the specifically enumerated use~ allowed in this district. Before consideration of an application to allow any use, by conditional use. pursuant to thi~ subsection, the Director of Planning mu~t find in writing that the proposed u~e'~ operating characteristics are ~ub~tantially similar to, and its impact on neighboring propertie~ no gre~tar than, the operating characterist/c.~ and im. pact~ of the ~pecificall. y enumerated u~es allowed in this district. Such finding shall be' based upon an analysis of the proposed use which 'include4, among other things, consideration of the size and proposed configuration of the site; the ~ize, height and exterior architectural appearance of any proposext ~-ucture. or ~'ucmres: noise; light; glare; odor; dust; outdoor activities; traffic: parldng: si_~nage: and hour~ of operation. o 0 0 Sec, 21.1-61, Conditional u~e4.. The following uses may be allowed as-b_y_ conditional uses-in the R-25 district, subject to the provisions of section 21.1-9: (a) Those conditional uses permitted in the R-88 district. Co) Subject to the requirements herei!!.below set forth, other u~e~ which are not ~fic~y ennmerated in this, chapter and which are of the same gexleml char4cter a~ the ~x~cifically enumerated uses allowed itl thi~ digrict, Before con~iderati0n of an application tO allow any use by conditional use pursuant to thi~ ~ubsection, the Director of Pl~nni.ng mu~t find in writing that the proposed use's _operating characteristics are substantially similar, to, and .it~ impact on neighboring properties no _re'eater than, the 0pe~ting cha~. cteristics and impacts of the _specifically enumerated uses allowed in this district. Such finding ~hall be based upon afl analy~i~ of the proposed USe which include4, a~ong other things, consideration of the size and proposed configuration of the site: the size, height and exterior ~Lrchitecmra!. a__m~.arance of any proposed structure or structure~; noise; light; glare; odom; du~t; 0utd0Qr activities: Baltic: parking: silage; and hour~ of operation. o o 0 Sec. 21.1~68. Conditional uses. The following uses may be allowed a~ by.. conditional uses-in the R-15 district, subject to the provisions of section 21.1-9: 0705:849.1 - 2 of 12 - 4/29/92 O0 259 (a). Those conditional uses permitted in the R-88 district. ~3_ Subject to the requirements hereinbelow set forth, other uses which are !~.~jk_.specifically enumerated in this chapter and which are of the same general character as the specifically enumerated uses allowed in this district. Before consideration of an. .a_l~l_ig_a_tion to allow any use by conditional use pursuant ..to this subsection, the Director. of Planning must f'md in writing that the proposed use'..s ~erating characteristics are. substantially similar to, and its impact on neighboring properties no greater than, the. !!p_e_r3ting characteristics and impacts of the specifically enumerated uses allowed in this district. Such finding ~hall be based...up0n an analysis of .the pm_Dosed use which i!!c_:l__u..d_e_s, among other things, consideration of the size and proposed configuration of, !;ILe_..._si_te; the size, height and exterior architectural appearance of any proposed s.!Lru_.c..B[re or structures; noise; light; glare; odors; dust; outdoor activities; traffic; parking; .~i. gn_,'~:g.~ and hours of operation. 0 0 0 ..21.1-75. Conditional uses.. The following uses may be allowed as-b_2[ conditional uses-in the R-12 district, subject to the provisions of section 21.1-9: Those conditional uses permitted in the R-88 district. ~)_ Subject to the requirements herei~nbelow set forth, other uses which are _ngt__.specifically enumerated in thi~ chapter and which axe of the ~me general character _a:s__.the ~aecifically ennmerated uses allowed in this district. Before consideration of an ..a.'L~iication to allow any use by conditional use put,ant tO this ~ubsecti9n, the Dilector. of Planning must find in w~ting _that the propo_ sed usc's operating characteristics axe. mbsta~tiaily similar tO, and its impact on neighboring properties no _~reater than, the _qp_emting characteristics and impacts of the _~:~cifically enumerated u~.~ allowed in tlds. dim:ict. Such finding shall l~e based upon an analysis of the proposed u~e which i_n.c_ludes, among other things, consideration of the size and proposed configuration of. ~he site; the size, height and exterior architectural .appearance of any propo_ sed struc~zure or structures; noise; light: glare; odors; dna; outdoor activities; traffic; parking: ;~Knage; and hours of operation. 0 0 0 Sec. 21.1-82. Conditional uses.. The following uses may be allowed as-~ conditional uses-in the R-9 district, subiect to the provisions of section 21.1-9: 0705:849.1 - 3 of 12 - 412!)/92 O0 26O Those conditional uses permitted in the R-88 district. (b). Subject to the requirements hereinbelow set forth, other uses which are not specifically enumerated in this chapter and which are of the same general character as the ~l:~cifically enumerated use~ allowed in thio district, Before consideration of an application tO allow any use by conditional use pursuant to this. subsection, the Director of planning mu~t .find in writing that the proposed use's operating characteristics are substantially slmil.ax to, and its impact on neighboring properties no _~tei- than, the operating characteristics and impacts of the ~oec'.ffically epume.rated uses allowed in tlfi~ diStal'ct. Such finding shall be based upon an analysis of the proposed use which include~, among other things, consideration of the size and proposed configuration of the site; the size, height and exterior axchitecturat a~ce of any proposed StrUcture or ~ruem.re, s; .noise: light; glare; odor; dust; outdoor activities; traffic; parking: si_ma_age; and hours of operation, 0 0 0 Sec, 21,1-89. Conditional uses~ The following uses may be allowed as-b_y_ conditional uses-in the R-7 district, subject to the provisions of section 21.1-9: (_a) Those conditional uses permitted in the R-88 district. Co) Subject tO the requirements hereillbelow set forth, other uses which axe not ~ecificaJly enumerated in this chapter and which are of the ~qm.e general character a~ tho _specifically enumerated uses allowed in this di~ict. Before consideration of a~L application tO allow any use bY condition, s! a~0 pursuant to this ~ubsecfion, the Director Of planning mu~ find in writing _that the propo_ ,sed use's _operating characteristics are subst.a, ntlally ~jmjl. ar to. and its impact on noighboring properties no greater than, the. operating ch~arq..c~rkstics and impact~ of the specifically enumerated u~e~ allowed in this district. Such findipg ~hall be based upon an ana!.ysi~ Of the proposed use which includes, among other things, consideration of the ~ize alld propo_ sed configuration of the site: the ~ize, height and exterior ~U'chitectural appears, ce of any proposed ~tmcture or ~mctures: noise: light: glare; odor~; dust; outdoor activities; traffic; parking;. signage; and hours of operation. 0 0 0 Sec. 21.1-97. Conditional uses, The following uses may be allowed as-b__y_ conditional uses-in the R-TI-I district, subject to the provisions of section 21.1-9: 0705:849.1 - 4 of 12 - 4/29/92 ~ O0 261 0 0 0 £e]_ Subject to the requirements hereinbelow set forth, other uses which are !Lo__t_sA~ecifically enumerated in this chapter and which are of the same general character as the specifically enumerated use,8 allowed in this district. Before consideration of an .ap_pticafion to allow any use by conditional use pursuant to this subsection, the Director _of Planning must find in writing that the proposed use's operating characteristic, are substamtially similar to, and its impact on neighboring, properties no greater than, the .~pg._m..tjng characteristics and impacts of the _specifically enumerated us~ allowed in this. district. Such fir/ding shall be based upon an analysis of the proposed use which jn..~.l_u~Le_s, among other things, consideration of the size and propoca<l configuration Of. ~!~__t;_iLe; the size, height .and exterior architectural appearance of any proposed ,structure or mc_rares; noise; light: glare: odors; dust; outdoor activities; traffic; parking: ~.i..m~; and hours of operation. 0 0 0 Sec. 21.1-105. Conditional uses. The following uses may be allowed as-_b_z conditional uses-in the R-MF district, subject to the provisions of section 21.1-9: 0 0 0 (e). Subject to the requirements hereinhel0w set forth, other u~e~ which are !!gj'~s:oecifically enume~ed in thi~ qhapter, and which are of the same general ch.ara~er .. ~.,'L_tb._.e_ specifically enumerated u~ allowed in thi~ district. Before consideration of an. ~l~C,qtion tO allow any use by e4>ndit~ona! u~e pursuant tO this ~ubsection, the Director ~Lf___P.tanning mu~ find in writing ~that the propo_ sed use'$ Operating cha_mcteristics are sqtbstantially similar to, and its impact on neighboring properties no greater thall, the 9_t)_e~Lting characteristics and impact~ of the ~pecheically enumerated use~ allowed in this ..dj_sBj~t. Such finding shall be based upon an analysis of the pr0pQsed use which i!Lcl__u, des, among other things, consideration of the size and proposed configuration of, t!Le_.._~e; the size, height and exterior architectural appearance of any propo_ sed. s~xucture or structures; noise; light: glare~ odors; dust; outdoor activifi~; traffic; parking: ~./gn_age; and hours of operation. 0 0 0 Sec. 21.1-113. Conditional uses. The following uses may be allowed as-bM conditional uses-in the Mi:i-1 district, subject to the provisions of section 21.1-9: 0'705'849.1 - 5 of 12 4./29/92 DO 262 (a) Group care facilities. Co) Subject to the .requirements hereinbelow set forth, other uses which are not spec;ricoh...3', enumerated hi. this ..chapter and which are of the same general character a~ the specifically enumerated uses allowed in this district. Before consideration of an application to allow an3, u~e by conditional use pursuant to thi..q subsection, the Director of Planning mu~t find in writing that the proposed use'~ operating characteristics are substa~_tially similar to, and its impact on neighboring properties no greater than, .t.h.e...~ operating ch~aracteristico and impacts of the specifically enumerated uses allowed in this dis.tr.;ct, Such finding .~hall .be based upon an. analysi~ of the proposed use which include.~, among other things, consideration 9f the size and proposed configuration ot the site; 'the oize, height and exterior architectural appearance of an3, pmpo~.ed s~tructure or ~tmctures; noise; light; glare; odors; dust;, outdoor activities; traffic: parking: signage: and h0ur~ of operation. 0 0 0 Sec. 21.1-120. Conditional u,es.. The following uses may be allowed as-b_Ak conditional uses-in the MH-2 district, subject to the provisions of section 21.1-9: (a), Those conditional uses permitted in the R-88 district. (b)... Subject tO the requiremem~ hereinbelow .. set forth, other uses which are not ~'cifi. cally enumerated, in thi~ chapter and which .are of .the same general character as the m_~ificaR, y enumerated, use~ allowed hl. t,.his di~grict, Before consideration of an appli~tlon tO allow inly use by condltion.a! use pumuallt ~ tlli~ ~ub~ection, the Director of Plan.njn_t' must find in writing .that the propo_ ~xl use'a operating characteris.tjc~ .a~ ~ub~tan0alty ~i. milar to, and its impact on neighboring properties no greater than. the operating cbamcterigiq~ and .in!pacts of th, ~x~cifically e!!umerated u~e~ allowed in flais district, Such finding s.hall be based upon an analysis of the proposed use which include4, among other thing:~, consideration of the ~ize and proposed configuration of the site; the $lize, height and exterior .architectural appearance of any proposed gructure or structures: noise: light: glare; odor~; dus~t; outdoor activities; traffic; parking: signage; and hour~ of operation. 0 0 0 Sec. 21.1-127. Conditional uses.. The following uses may be allowed by conditional use in the A district, subject to the provisions of section 21.1-9: 0705:849.1 - 6 of 12 - 4/29/92 O0 263 0 0 0 (h).. Subject to the requirements herei_nbelow set forth, other uses which are a_ot .,~ecifically ennmerated in this chapter and which are of the same general character as the specifically enumerated uses allowed in this district. Before consideration of _a_p~l.icafion to allow any use by conditional use pursuant to this subsection, the Director of Plm~ning must find in writing that the proposed use's Operating characteristics are substantially similar to, and its impact on neighboring properties no _greater than, the. 0_~e__r,3ting characteristics and impacts of the _specifically enumerated uses allq)wed in this. district. Such finding shall be based upon an analysis of the proposed use which. iJ.mludes, among ottler things, consideration of the size and proposed configuration of. the site; 'the size, height and exterior architectural appearance' of any proposed structure or Structures; noise; light: glare; odors; dust; outdoor act;rifle4; traffiC; parking: s_L~_~age; and hours of operation. 0 0 0 Sec. 21.1-134. Conditional uses... The following uses may be allowed by conditional use in the O-1 district, subject to the provisions of section 21.1-9: 0 0 0 ~ Subject to the requkements herelnbelow ~et forth, other u~es which are LLt~_._specifically enumerated in thi.q, chapter and which are of the ~tme general character ~.t.~:he specifically ennmemted u~-4 allowed in this district. Before q0nsidelation of an .~!t~pl_icafion to allow any use by conditional use pursuant to this ~ubsecfi0n, the Director. of Planning must find in writing Jhat the ptopo_ sed use'$ op_eratin_~ characterigtics are substantially similar to,...and its impact on neighboring properties no _greater than, the .t~l,~_.e..m_ting characteristics and impacts of the specifically enumerated u~es allowed in thi~. ¢iistrict. Such finding shall be based upon an analysis of the proposed use which ~_n_cl~es, among other things, considerafign of the size and proposed configuration of the site; the size, height and exterior architectural appearance of any proposed structure or structures; noise: li_~ht: glare: odors: dust: outdoor activifie~; traffic: parking: .sj~_age; and hours of operation. 0 0 0 Sec. 21.1-141. Conditional uses.. The following uses may be allowed by conditional use in the 0-2 district, subject to the provisions of section 21.1-9: 07{)5:849.1 7 of 12 - 4/29/92 O0 264 0 0 0 (d) Subject to the requirements hereinbelow set forth, other, uses which are not Specifically enumerated in thi~ chapter and which are of the same general character as the ~pecifically enumerated use4 allowed in .this district. Before consideration of an application to allow axl. y use by conditional use pursuant tO this subsect/on, the Director of Planning mug find in writing that the proposed use'~ ope~ting characteristics are substantiall, y similar tO, and its impact on neighboring properties no greater than, the. operating characteristics and impact~ of the ~pecifical!.y enumerated, uses allowed in this district. Such finding shall be based upon an analy~i~ of the proposed use which include~, among other thin. gs, con~iderafi0n of' the. size and proposed configuration of the site; 'the s.ize, height and exterior architectural appearance of any proposed ~tmcture or ,~u-u.cmres; noise; light: glare: odors: dust; outdoor ~cfivifies; traffic; parking; silage; and houm of Operation. 0 0 0 Sec. 21,1-148. Conditional uses. The following uses may be allowed by conditional use in the C-1 district, subject to the provisions of section 21.1-9: 0 0 0 (c). Subject to the requirements hereinbelow set forth, other uses which are not ~ec. ificaily enumerated ill thi~q chapter and which are of the same general character as the ~0ecifically en_,:merated use~ allowed in this didier. Before consideration of an application to ~aij0w any u.se by condj.'tioqai u~e pursuant ~0 thi~ sub~ecfi.'0n, the Director of P!annjng muvt find hl writing .that the propo_ sed use'$ ~_emfing characteristics substantially similar to, and its impact on neighboring properties no greater than, the operati, g c_haractgri~e~ and impacts of the ~ecifically enumerated uses allowed in tiffs district. Such finding ~ba!! be ba~ed upon an anflYSi~ of the .proposed u~e which include~, among other things, consideration of the size and proposed confi_m~rafion of the site; the size, height and exterior architectural appearance of any proposed_ stmcmre or ~rructure~; noise; light; glam; odor4; dust; outdoor activities; traffic; park/rig;. silage; and hou~ of operation. 0 0 0 Sec. 21.1-155. Conditional uses. The foflowing uses may be allowed by conditional use in the C-2 district~ subject to the provisions of section 21.1-9: 0705:849.1 - 8 of 12 - 4/29/92 O0 265 0 0 0 (h) Subject to the requirements hereinbelow set forth, other uses which are not specifically enumerated in this chapter and which are of the same general character as the specifically enumerated uses allowed in this district, Before consideration of an g[r_plicatiou to allow any use by conditional use pursuant to this subsection, the Dizector of Planning must find in writing that the proposed use's operating characteristics are substantially similar to, and its impact on neighboring properties no greater than, the. _(2l?g~.a__fing characteristics and impacts of the specifically enumerated uses allowed in thi.q distTict. Such f'mding shall be based upon an analysis of the proposed use which i32[![des, among other things, consideration of the size and proposed configuration of. the site; 'the .size, height and exterior architectural appearance of any proposed :Itmcture or structures; noise; light; glare; odor; dust; outdoor activities; traffic; parking; .,,!i~.a_ge; and hours of operation. 0 0 0 Sec. 21.1-162. Conditional uses., The following uses may be allowed by conditional use in the C-3 district, subject to the provisions of section 21.1-9: 0 0 0 (b). Subject to the requirements hereinbelow set forth, other uses which are .n_.o_t.._sjpecifically enumerated in thi.q, chapter and which are of the same general character as the specifically enumerated use.5 allowed in this district. Before consideration of an ~p.p. licafion to allow any use by c0nditi.(~nal, use pursuant to this ~ubsecfi. on, the Director.. of Planning must find in writing ,that the proposed use's operating characteristics, are.. substantially similar to, and its impact on neighboring properties no greater than, the. op_e~m__ting characteristics and impacts of the specifically enumerated use~ allowed in this district. Such finding shall be based upon an analysis of the proposed use which .'_m_c.[udes, among other things, consideration of the size and proposed configuration of, the site; the size, height and exterior architectural appearance of any proposed structure or structures; noise; light; glare; odors; dust; outdoor activities; .traffic: parldng: s~gnage; and hours of operation. 0 00 Sec. 21.1-[69. Conditional uses. The following uses ma7 be allowed by conditional use in the C4 district, subject to the provisions of section 21.1-9: 0705:849.1 - 9 of 12 - ,t/29/92 O0 266 0 0 0 (f) Subject to the requirements hereinbelow set forth, other uses which are not specifically enumerated in this chapter and which are of the ~ame general character as the M:e. cificall¥ enumerated use4 allowed in this dim-ict. Before consideration of an application tO allow any use bY conditional use pursuant tO this subsection, the Director of Planning must find in writing that the proposed use'$ operating characteristics are substantially similar to, and its impact on neighboring properties no greater than, the operating characteristics and impacts 9f the specifically enumerated uses allowed in this district. Such finding shall be based upon an analysis of the proposed use which includes, ~mong other things, consideration of the size and proposed configuration of the site; the size, height and exterior architectural appearance of any proposed structure or ~tmcture.3; noise; light; glare; odors; dust; outdoor activities,; traffic; parking; signage; and hour~ of operation,. 000 Sec. 21.1-176, Conditional uses. The following uses may be allowed by conditional use in the C-5 district, subject to the provisions of section 21.1-9: 0 0 0 (g) Subject to the requirements hereinbelow Set forth, other uses which are not Specifically enumerated in this chapter and which are of the same general character as the Mx:eifically enumerated uses allowed in this district, Before consideration of an application to allow any use by conditional use. pursuant to this ~ubsecfion, the Director of Planning mug find in writing Shat the proposed use'~ operating characteristics axe substantially oimilar tO, and its impact on neighboring propertie~ no greater than, the operating characteristics and impacts of the Specifically enumerated uses allowed in this district. Such finding shall be based upon an analysis of the proposed use which includeo, among other things, consideration of the ~ize and proposed configuration of the site; the size, height and exterior axchitectural appearance of any proposed ~tmcmre or Structures; noise; light; glare; odors; dust; outdoor activities; traffic; parking; signage; and hours of operation. 0 0 0 Sec. 21.1-183. Conditional uses. The following uses may be allowed by conditional use in the I-1 district, subject to the provisions of section 21.1-9: 0705: 849.1 4/29/92 - 10 of 12 - 00 287 0 0 0 (d) Subject to the requirements hereinbelaw set .forth, other uses which are not specifically enumerated in this chapter and which are of the same general character as the specifically enumerated uses allowed in this district. Before consideration of an application to allow an3' use b..y conditional use pursuant to this subsection, the Director of Planning must find in writing that ..the proposed_ use's operating characteristics ate ~ubs~antial!y similar tO, and its impact on neighboring, properties no greater than. the operating characteri~ics and impact~ of the specifically enumerated uses allowed in this district. Such i'aiding shall be ba~ed ..upon an anal3'sis of the proposed use which includes, among other thi,ngs, consideration of the. size and proposed configuration of the site; the size, height and exterior architectural appearance of an3' proposed ~trucmre or structures: noise; light: glare; odors; dust; outdoor acti.vities; traffic; parking: silage; and hours of operation .... 0 0 0 Sec. 21.1-190. Conditional uses. The following uses may be allowed by conditional use in the 1-2 district, subject to the provisions of section 21.1-9: 0 0 0 (f) Subject to the requirement~ hereinbelow set forth, other uses which are not specifically enumerated in this chapter and which are of the same general character aS the specifically enumerated u~e~ allowed in this district. Before consideration of an application to allow any use by conditional use pursuant to th;8 subsection, the Director of Planning mu~t find ii1 writing .s. hat the proposed use'~ operating charactedOtica ~ substantlally similar to, and its impact on neighboring properties no greater than, the operating characten.'~tics and impacts of the specificall3' enumerated uses allowed in this district, Such finding shall be based upon an analysis of the proposed use which include, a, amon. g other things, consideration of the size and proposed ¢omfi. guration of the site; the $ize, height and exterior architectural appearance of any proposed s .tincture or g:rucmres; noise; light; glare; odors: dust; outdoor activities; traffic; parldngL sigT~age; and hours of operation. 0 0 0 Sec. 21,1-197. Conditional uses. The following uses may be allowed by conditional use in the 1-3 district, subject to the provisions of section 21.1-9: 0705: 849.1 11 of 12 - 4/29/92 O0 2G8 0 0 0 0c). Subject to the requirements hereinbelow set forth, other uses which are not specifically enumerated in this chapter and which are of the same general character as the specifically enumerated uses allowed in this district. Before consideration of an application to allow ag..5' tlse by conditional u~e purs-ant to thi~ subsection, the Director of Planning rnu~t find in wn.'ting that the proposed use'.~ ope.rating characteristics are Substantially similar to, and its impact on neighboring properties no greater than. the. operating characteristics and impact.S of the specifically enumerated uses .allowed in this di~lxict. ~Such finding shall be based upon an analysis of the proposed use which includes, among other things, consideration of the. ~ize and proposed configuration of the site; the ~ize, height and exterior architectural appearance of any proposed ~aucture or ~,ucture4; noise; light; glare; odom.; dust; outdoor activities; traffic; parking: signage; and hou. r~ of operation. 0 0 0 0705: 849.1 4/29/92 - 12 of 12 - O0 269 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AG E NDA MEETING DATE: July 22, 1992 ITEM NUMBER: 8 .~_. SUB4,ECT: Claim of Metric Constructors, Inc. for Additional Payment for Constructing the Upper Swift Creek Trunk Sewer Line COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION In May, 1989, the CQunty entered into a contract with Metric Constructors, Inc. ("Metric,,), a North Carolina contractor, for the construction of the Upper Swift Creek gravity trunk sewer line. The contract was for approximately $3 8 million and reqUired Metric to complete the sewer line within one year. Metric completed the project 203 days late, taking almost 60% longer to finish, the job than the contract permitted. Moreover, Metric did not comply with its contractual obligation to restore the top soil in the ground above the sewer line which caused restored lawns to lack sufficient grass. The County is now holding $185,000 of the contract amount. The amount of the County's claim against Metric for Metric's delay in completing the project and for Metric's failure to properly restore the top soil exceeds the $185,000 that the County is holding. Therefore, staff has advised Metric~ that it will not release the $185,000. ATTACHMENTS: YES D 0500:1515.1 PREPARED BY . · . Steven L. Micas County Attorney NO · SIGNATURE: ~ ~ .,~ COUNTY ADMINISTRATOR 00 14'1~ BOS-9891 AGENDA ITEM July 22, 1992 Page 2 Metric has demanded that the County release the $185,000 and pay it an additional $600,000 for claims that Metric has asserted against the County. Most of Metric's claim arises out of two episodes that occurred during the project: (1) a 50-day shutdown of the project by the County due to Metric's failure to comply with County and state erosion and sediment control law; and (2) leaks in the concrete sewer piping that had to be fixed. Metric claims that the County should not have required Metric to stop work on the project because of the erosion control problem and that the County is responsible for the leaking pipe because the County's engineer, HDR, did not design the pipe properly. Staff has investigated Metric's claim and believes that the erosion control problem resulted from Metric's failure to follow its own erosion control plan. Metric's violation of its erosion control plan caused large amounts of silt to enter Swift Creek ReservOir and turned the water in Swift Creek Reservoir muddy. Staff believes that the decision to stop Metric from performing work on the project until it corrected the erosion control problems was appropriate and necessary. Staff also believes that Metric's concrete pipe claim is without merit. Project records attribute the pipe leakage to defective pipe and to improper installation methods rather than to improper design. Significantly, Metric is also pursuing a claim against its piping supplier, Concrete Pipe and Products Co., in which Metric is asserting that the pipe was defective. Metric recently advised staff that it would accept the $185,000 of contract funds that the County is holding, plus $150,000 for its claim, in complete settlement of the outstanding disputes between Metric and the County. However, since staff believes that Metric's claim for additional money is groundless, and that the County's own claim for delay and restoration damages is valid, staff is recommending that the Board deny Metric's claim. Recommendation: Inc. Deny the claim of Metric Constructors, 0500:1515.1 00 142 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGE NDA MEETING DATE: SUBJECT: July 22, 1992 ITEM NUMBER: Consideration of An Agreement to Relinquish Rights to Purchase Property COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION By contract dated October 1, 1965, J. L. Longest agreed to convey lots 23, 24 and 25 in Morrisdale subdivisions to the County for sewer utility use, but the conveyance was never completed even though the County paid $6,000 to the seller. The parcels were used for a number of years for utility purposes. For unknown reasons, the property was taken off the tax rolls even though the County never obtained title to the property,. Accordingly, no property taxes have been collected for the past 10 years, and the recorded 1965 sales agreement has created a cloud on the title to the property. Longest now proposes that the County relinquish what rights, if any, it had to acquire the property in exchange for Mr. Longest agreeing to pay back taxes for the last three years and $1,421.27 as partial reimbursement to the County. Recommendation: County Staff recommends that the Board authorize the County Administrator to enter into an agreement invalidating the original sales agreement in exchange for the payment of real estate taxes and additional consideration to the County. The $3,900 the County will have expended is a fair priCe for the lease value of the pro~erty during the time it was used .for sewer purposes and t~' value of /19asements dedicated to the County. P~EPARED 8~~_.~~ Steven L. Micas County Attorney ATTACHMENTS: YES r'l NO · 0603:1546.1 SIGNATURE: COUNTY ADMINISTRATOR 00 143 BOS-9891 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGE NDA MEETING DATE: July 22. 1992 , ITEM NUMBER: 8oC, Request Planning Commission to Begin the Rezoning of Properties from the "Old" to the "New" Zoning Districts COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Background: In April, 1989, the County adopted a new zoning ordinance with updated development standards and uses for office, commercial and industrial districts. At the same time, the Board of Supervisors adopted rules which required all new rezoning applications to utilize the new zoning ordinance and its O, C and I district categories. Property owners with existing non-residential zoning (0, B and M districts) were not rezoned at that time. There are approximately' 4500 parcels and "old" zoning designation. ATTACHMENTS: YES III NO [] The incomplete nature of the commercial rezoning project means the County must maintain and explain two (2) zoning ordinances; adjacent properties may be developed with inequitable standards; and no variances, conditional uses or special exceptions may be obtained in "old" zoning districts. Several recent zoning cases (K-Mart, Prilli~n Chemical and Peck Iron and Metal) have been initiated by businesses in order to remove unnecessary restrictions. All of'these Continued)~~~ ~EPARED BY~ , Steven L. Micas County Attorney 0803: 1581.1 00 144 ~,.~ COUNTY ADM I NISTRATOR ~ BOS-9891 AGENDA ITEM July 22, 1992 Page Two difficulties increase confusion for the public and development community and decrease staff efficiencies. When complete, comprehensive rezoning to the "new" zoning ordinance will provide major benefits: consistent modern development standards (see attached table), reduce staff cost, increased convenience for businesses and property owners requiring a variance or exception to certain standards, and Legal staff will make a short presentation explaining the historical relationship between Chapter 21 and Chapter 21.1. Recommendation: Staff recommends that the Board of Supervisors request the Planning Commission to: Prepare, after appropriate public input, a comprehensive rezoning amendment rezoning property from "old" zoning districts to the "new" zoning districts. Authorize the Planning Commission to incorporate previously referred ordinance amendment concerning variances in "old" zoning districts into the comprehensive rezoning amendment. 0803:1581.1 00 145 OLD ORDINANCE STANDARD OVERLAY DEVELOPMENT STANDARD BUILDING SETBACKS ~0 75/50 MAJOR ARTERIAL 30 40/25 FRONT 20/0 30/10 SIDE 30 40/20 REAR PARKING SETBACKS 50 75/50 MAJOR ARTERIAL 15 40/25' FRONT ~ 30/10 SIDE ~] 40/20 REAR NEW ORDINANCE EMERGING GROWTH POST DEVELOPMENT 75/50 50/25 40/25 30/25 30/10 20/0 40/20 30 75/50 50/25 40/25 15 30/0 20/0 40/20 0 :,tO NO <"ES YES YES ..~ YES :~S NO iS NO ES NO ES YES 'ES YES 0 NO .'.5/45 20/15 ARCHITECTURE YES BUFFERS YES SCREENED LOADING YES LANDSCAPING YES LIGHTING CONTROLLED YES ACCESS PLAN REQUIRED YES ASPHALT PAVING CURB/GUTTER YES BILLBOARDS PERMITTED YES1 PORTABLE SIGNS NO PYLON SIGNS NO BUILDING HEIGHTS YES PARKING SPACES ($ & SIZE) YES STACKING SPACES YES SIGN HEIGHTS 20/15 Billboards prohibited in Overlay YES YES YES YES YES YES YES YES NO NO YES YES YES 20/15 POOLE/A :MISC/Eok 00 146 OLD ORDINANCE B-1 B-2 B-3 B-T COMMERCIAL ZONING DISTRICT COMPARISON NEW ORDINANCE OFFICE DISTRICTS O-1 0-2 COMMERICAL DISTRICTS C-1 C-2 C-3 C-4 C-5 INDUSTRIAL DISTRICTS M-t M-2 M-3 I-2 I-3 POOLE/A: MISC / gok O0 147 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE: SUBJECT: July 22, 1992 ITEM NUMBER: 8ono Reconslderat ion of St reet light Installation Cost Approval COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION CLOVER HILL DISTRICT: This item conveys the request from affected citizens that the Board reconsider its approval of a st reet light installation cost from the June 24, 1992 Board meeting. The Board approved the installation of a st reet light at the intersection of Red Chestnut Court and Red Chestnut Drive in the Nuttree Subdivision at a cost of $3657.00. The installation of this light requires Clearing a ten foot wide strip through the existing, heavily wooded, easements along the west side of lot 60 and across the back of lot 61 (please see attached tax map extract). Completion requires trenching in the right of way across the front of lot 60 and boring under an existing driveway to reach the southwest corner of the intersection. CONTINUED NEXT PAGE ATTACHMENTS: YES ~, NO [] Richard M. McElfish, P.E. Director Environmental Engineering SIGNATURE COUNTY ADMINISTRATOR 00 148// BOS-9891 Reconsideration of St reet light Cost Approval Meeting Date: July 22, 1992 Page 2 Virginia Power and the Department of Engineering has received strenuous objections from the affected land owners on lots 60 and 61. Their objections relate to the proposed clearing of these wooded easements which the land owners perceive to be privacy and a sound/sight buffer between their properties and Old Hundred Road. Virginia Power is reluctant to proceed over these ob3ections, but will do so if the County insists. Conversely, Virginia Power representatives have agreed to void the project if so requested by the County. Rescission of the approval for this project will terminate the installation of this st reet l ight and return the allocated funds to the Clover Hill St reet l ight account. No action on this item will result in proceeding with the installation. 00 149 ~0 9 27 4 6 5 ~3000 Hickory Ct. -% 28 38 31 %Z90% 37 4O 36 ~ 53 '~ 57 56 54 O0 33 44 51 / / SECTION 62-1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE: SUBJECT: July 22, 1992 ITEM NUMBER: St reet light Installation Cost Approvals 8,Eo COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION This item request s Board approval of var ious St feet 1 ight Installation Cost Approvals presented by Magisterial District. Streetlight requests from individual citizens or civic groups are received in the Department of Environmental Engineering. Staff requests cost quotations from Virginia Power for each request received. When the quotation is received, staff re-examines each request and presents them at the next available regular meeting of the Board of Supervisors for consideration. Staff provides the Board with an evaluation of each request based on the following criteria: 1. Streetlights should be located at intersections; There should be a minimum average of 600 vehicles per day (VPD) passing the requested location if it is an intersection, or 400 VPD if the requested location is not an intersection; ATTACHMENTS: CONTINUED NEXT PAGE YES )ir NO [] Richard M. ~cElfish, P.E. Director Environmental Engineering SIGNATURE: C OUINC'~Y ADM I N I STRATOR O0 151 BOS-9891 Streetlight Cost Approvals Meeting Date: July 22, 1992 Page 2 Petitions are required and should include 75% of residents within 200 feet of the requested location and if at an intersection, a ma3ority of those residents immediately ad3acent to the intersection. Cost quotations from Virginia Power are valid for a period of 60 days. The Board, upon presentation of the cost quo-tation may approve, defer, or deny the expenditure of funds for the streetlight installation. If the expenditure is approved, staff authorizes Virginia Power to install the streetlight. A denial will cancel the pro3ect and staff will so notify the requestor. A deferral will be brought before the Board again when specified. BERMUDA DISTRICT: * Intersection of Happy Hill Road and Pheasant Run Drive Cost to install light: S0.00 Meets all minimum criteria. * Intersection of Hamlin Drive and Walters Drive Cost to install light: $1291.00 Meets all minimum criteria. CLOVER HILL DISTRICT: * Intersection of Genito Road and South Ridge Drive Cost to install light: S188.00. Meets all minimum criteria. * Intersection of Genito Road and Shiloh Church Road Cost to install light: S201.00. Meets all minimum criteria. MATOACA DISTRICT: * Intersection of Trailwood Drive and Qualla Road Cost to install light: S0.00 Meets all minimum criteria. 00 152 'Boar~ Agenda Item - Street Light Cost Approvals July 22, 1992 Budget and Management Comments: Clover Hill District: The existing balance is $14,381. This agenda item requests use of $389 which will leave a remaining balance of $13,992. Bermuda District: The existing balance is $14,339. This agenda item requests use of $1,291 which will leave a remaining balance of $13,048. //J~es~. L. Stegmaier, Director ~//~udg~a Management Department 1197 O0 153 REQUEST RECEIVED: June 5, 1992 STREETLIGHT REQUEST Bermuda District ESTIMATE REQUESTED: June 8, 1992 ESTIMATE DAYS ESTIMATE RECEIVED: June 19, 1992 OUTSTANDING: 11 COST TO INSTALL STREETLIGHT: $0.00 NAME OF REQUESTOR: Lou Pollard ADDRESS: 3808 Pheasant Run Drive, Chester, VA 23831 PHONE NUMBER: HOME - 768-1325 WORK - 786-2211 REQUEST LOCATED AT THE INTERSECTION OF IS Happy Hill Road and Pheasant Run Drive REQUEST IS NOT AT AN INTERSECTION. REQUESTED LOCATION IS POLE ALREADY EXISTS AT THIS LOCATION POLICY CRITERIA: INTERSECTION: VEHICLES PER DAY: PETITION: Qualified Qualified Not required, no residents within 200 feet COMMENTS: Requestor states: "There are no other lights in the area. This intersection is at the top of a hill. The combination of the lack of light, the volume of traffic, and the intersection being on a hill in- crease the need for safety. This intersection is a school bus stop for many children in the subdivision. Section B of the subdivision will soon be opening; therefore, the volume of traffic at this inter- section will be increasing. I know of at least one accident involving a resident at this location." Staff notes This location is the entrance to the Pheasant Run subdivision. Attachments? No O0 154 REQUEST RECEIYED: May 18, 1992 STREETLIGHT REQUEST Bermuda District ESTIMATE REQUESTED: May 18, 1992 ESTIMATE DAYS ESTIMATE RECEIVED: July 9, 1992 OUTSTANDING: 52 COST TO INSTALL STREETLIGHT: S1291.00 NAME OF REQUESTOR: Larry Quigley ADDRESS: 10403 Hamlin Place, Chester, VA 23831 PHONE NUMBER: HOME - 796-2814 WORK - 530-6284 REQUEST IS LOCATED AT THE INTERSECTION OF Hamlin Drive and Walters Drive REQUEST IS NOT AT AN INTERSECTION. REQUESTED LOCATION IS POLE ALREADY EXISTS AT THIS LOCATION POLICY CRITERIA: INTERSECTION: VEHICLES PER DAY: PETITION: Qualified Not Qualified, less than 600 VPD Qualified COMMENTS: Requestor states: "It is the opinion of many of the residents living near this intersection that the extremely dark condition of this area creates area creates a traffic hazard as well as a security problem." Attachments? No O0 155 REQUEST RECEIVED: May 1, 1992 STREETLIGHT REQUEST Clover Hill District ESTIMATE REQUESTED: May 1, 1992 ESTIMATE DAYS ESTIMATE RECEIVED: July 6, 1992 OUTSTANDING: 66 COST TO INSTALL STREETLIGHT: S188.00 NAME OF REQUESTOR: Lyn Ahles ADDRESS: 3012 Duck River Court, Midlothian, VA 23112 PHONE NUMBER: HOME - 744-1883 WORK - 261-9488 IS LOCATED AT THE INTERSECTION OF REQUEST Genito Road and South Ridge Drive REQUEST IS NOT AT AN INTERSECTION. REQUESTED LOCATION IS POLE ALREADY EXISTS AT THIS LOCATION POLICY CRITERIA: INTERSECTION: VEHICLES PER DAY: PETITION: Qualified Qualified Qualified COMMENTS: Attachments? No 00 156 REQUEST RECEIVED: May 1, 1992 STREETLIGHT REQUEST Clover Hill District ESTIMATE REQUESTED: May 1, 1992 ESTIMATE DAYS ESTIMATE RECEIVED: July 6, 1992 OUTSTANDING: 66 COST TO INSTALL STREETLIGHT: $201.00 NAME OF REQUESTOR: William H. Scott ADDRESS: 12306 Duck River Road, Midlothian, VA 23831 PHONE NUMBER: HOME - 744-6534 WORK - REQUEST IS LOCATED AT THE INTERSECTION OF Genito Road and Shiloh Church Road REQUEST IS NOT AT AN INTERSECTION. REQUESTED LOCATION IS POLE ALREADY EXISTS AT THIS LOCATION POLICY CRITERIA: INTERSECTION: VEHICLES PER DAY: PETITION: Qualified Qualified Qualified COMMENTS: Attachments? No /SLo. I REQUEST REC~I~ED: June 19, 1992 STREETLIGHT REQUEST Matoaca District ESTIMATE REQUESTED: June 22, 1992 ESTIMATE DAYS ESTIMATE RECEIVED: June 22, 1992 OUTSTANDING: 0 COST TO INSTALL STREETLIGHT: S0.00 NAME OF REQUESTOR: Jon James ADDRESS: 10815 Eaglenest Drive, Chesterfield, VA 23832 PHONE NUMBER: HOME - WORK - 379-4802 IS LOCATED AT THE INTERSECTION OF REQUEST Trailwood Drive and Qualla Road REQUEST IS NOT AT AN INTERSECTION. REQUESTED LOCATION IS POLE ALREADY EXISTS AT THIS LOCATION POLICY CRITERIA: INTERSECTION: VEHICLES PER DAY: PETITION: Qualified Qualified Qualified COMMENTS: Attachments? No 00 157 ¸%1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGE NDA MEETING DATE : July 22, 1992 ITEM NUMBER: 8.F. 1. SUBJECT: Approval of Resolution requesting Recreation Access Grant funds for Clover Hill Athletic Complex COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OFINFORMATION: The Board of Supervisors is requested to approve the attached resolution requesting grant funds totalling up to $150,000 for construction of 900 L.F. of entrance road and bikeway to the center of the Clover Hill Athletic Complex. The resolution also requests designation of the new roadway as a "Virginia Byway." These funds do not require County matching funds. BACKGROL~ND: A master plan and construction cost estimates for Phase I development of the Clover Hill Athletic complex have been completed. Anticipated funding includes 1989 Parks Improvement Funds as well as the requested Recreation Access Fund Grant allocation. Hearings for consideration of the grant funding will be held by the State Department of Conservation and Recreation and the Department of Transportation in August and September, 1992. ATTACHMENTS: Staff recommends that the Board of Supervisors approve the attached resolution requesting grant · funds and "Virginia Byway" designation. PREPARED BY:.- ~ Michael Golden, Acting Director Parks and Recreation Department YES ~ NO ri SIGNATURE: COUNTY ADM I N I STRATOR 00 158//_ BOARD OF SUPERVISORS CHESTERFI~.?.~ COUNTY July 22, 1992 RE: APPROVAL OF RESOLUTION REQUESTINGRECREATIONACCESS GRANT FUNDS POR CLOVER HILL AT~.RTIC CO~P~.~ WHEREAS, the Clover Hill Athletic Complex is owned and is to be developed by the County of Chesterfield as a recreational facility serving the residents of Chesterfield County and adjoining localities; and WHEREAS, the facility is in need of vehicular and bicycle access; and adequate WHEREAS, the procedure governing the allocation of recreational access funds as set forth in Section 33.1-223 of the Code of Virginia requires joint action by the Director of the Department of Conservation and Recreation and the Commonwealth Transportation Board; and W~RREAS, a statement of policy agreed upon between the said Director and Board approves the use of such funds for the construction of access facilities to publicly-owned recreational areas or historical sites; and WHEREAS, the Board has duly adopted a zoning ordinance pursuant to Article 8 Section 15.1-486 et seq, Chapter 11, Title 15.1 of the Code of Virginia; and WHEREAS, it appears to the Board that all requirements of the law have been met to permit the Director of the Department of Conservation and Recreation to designate the Clover Hill Athletic Complex Park as a public recreational facility and further permit the Coff~onwealth Transportation Board to provide funds for access to this public recreation area in accordance with Section 33.1-223 of the Code of Virginia; and W~RREAS, the right of way of the proposed access road and bikeway is provided by the County of Chesterfield at no cost to the Recreational Access Fund; and O0 159 Page -2- July 22, 1992 W/qEREAS, the Board acknowledges that, pursuant to the provisions of Section 33.1-223 of the Code of Virginia, this road and bikeway shall be designated a "Virginia Byway" and recommends the Commonwealth Transportation Board, in cooperation with the Director of the Department of Conservation and Recreation, take the appropriate action to implement this designation. Further, the Board agrees, in keeping with the intent of Section 33.1-63 of the Code of Virginia, to use its good offices to reasonably protect the aesthetic or cultural value of this road and bikeway. NOW, TFR~FORE BE IT P~SOLVE~, that the Board of Supervisors of Chesterfield County hereby requests the Director of the Department of Conservation and Recreation to designate the Clover Hill Athletic Complex Park as a public recreational area. and to reconm~end to the Commonwealth Transportation Board that recreational access funds be allooated for an access, road and bikeway to serve said park; and BE IT FURTHER RESOLVED, that the Commonwealth Transportation Board is hereby requested to allocate the necessary recreational access funds to provide a suitable access road and bikeway as hereinbefore described. County Administrator O0 160 * Phase One CLOVERHILL SPORTS COMPLEX COUNTY OF CHESTEFIFIELD MASTERPLAN O0 181 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGE NDA MEETING DATE : July 22, 1992 ITEM NUMBER: 8.F.2. SUB4ECT: Transfer of Clover Hill District Parks Improvements Funds to Alternate Projects COUNTY AOMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Board of Supervisors is requested to transfer funds between capital projects within the Clover Hill District as per the attached. These transfers will allow completion of construction of the Rockwood Park Nature Center as well as further Phase I development of the Clover Hill Athletic Complex. BACKGROUND: With the exception of the Rockwood Nature Center and the Clover Hill Athletic Complex, all other proposed Clover Hill District Projects have been completed. The projects from which funds are requested have been completed under budget. The unencumbered balances in these accounts are requested to further Phase I improvements at the Clover Hill Athletic Complex and to fund interior work needed to reopen the Rockwood Nature Center. RECO~4RNDATIQN: Staff recommends that the Board of Supervisgrs approve the attached transfers for Clover H~-lJ~ ~rks Projects. PREPARED ST;- ~Ndl~k~~~.~ ,.,- , Michael Golden, Acting Director Parks and Recreation Department ATTACHMENTS: YES W NO D SIGNATURE:: c~ COUNTY ADM I N! STRATOR O0 162y ATTACHMENT Funds moved from the following Clover Hill Projects: 1985 Bond 1. Davis Elementary School 2. Woodlake Complex 1989 Bond 3A-6NL $1,804.21 3A-6N4 655.44 3. Chalkley Elementary School 3A-6R6 3,764.28 4. Clover Hill Elementary School 3A-6XB 8,143.13 5. Providence Middle School 3A-6RV 8,232.58 6. Woodlake Concession 3A-6XE 178.40 TOTAL $22,778.04 Funds moved into the following Clover Hill Projects 1. Rockwood Park 2. Clover Hill Athletic Complex 3A-6RU $15,000.00 3A-6RK 7,778.04 TOTAL $22,778.04 O0 163 Agenda Item July 22, 1992 Transfer of Clover Hill District Parks Improvement Funds to Alternative Projects Page -3- BUDGET AND MANAGEMENT COMMENTS: Funds designated for the Rockwood Nature Center will be used to complete interior work to the shell of the rebuilt facility. This will include painting, drywall, carpet, floor and ceiling work, etc. Funds designated for the Clover Hill Athletic Complex will be used for football and soccer field construction. Funds are available from other Clover Hill projects due to cost savings realized as a result of work completed by Parks staff in lieu of private contractors. /J~.~es 3q/ L. St~i~aier - ~3~irector Budget and Management doc157-2 O0 164 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGE NDA MEETING DATE: SUBJECT: July 22, 1992 ITEM NUMBER: Transfer of Transportation Funds 8.F.3. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION There are various road projects which received funding from the general fund and have been completed. Attached is a list of the projects and their funding balances. Upon completion of the projects, excess funds would ordinarily revert back to the general fund. However, it is anticipated that these funds may be needed for future transportation needs. Therefore, staff is requesting that $294,143 be transferred to a transportation project accOunt. Board Action Requested: Transfer funds in the amount of $294,143 to the transportation project account. ATTACHMENTS: YES · NO I'1 ~.mes J. L. Stegmaier, ~Director, Budget & Mgmt. SIGNATURE: COUNTY ADMINISTRATOR 00 165 RO~ PROJECTS THAT COUL~ BE CLOSED aT 5/31/92 Description Lori Road Widening Gill Street Improvements Rt. 10 thru Chester Iron Bridge Recreational Access Nestor Hopkins Sidewalk Treely Road Industrial Access at Ruffin Sir Dinnadan Drive Woolridge Road Repair Ramona Avenue Road off of Church Road Belmont Road Parker Avenue Hopkins & Beulah Ruffin Mill Road Remaining Balance $ 29,724.04 237.90 43,848.97 32.77 969.50 190.60 4,802.73 24,990.00 13,765.00 8,704.95 5,355.93 17,790.18 37,832.86 27,367.68 1,922.06 76,608.02 Total: $294,143.19 O0 1GG CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE: July 22 · 1992 ITEM NUMBER: 8. F. 4. SUB4ECT: Appropriation of Matoaca Three (3) Cent Road Fund COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION The Board of Supervisors is being requested to appropriate $3,500.00 from the Matoaca three (3) cent road fund for the purchase of concrete pipe. BACKGPJ3UND: The subdivision of Glen Tara was developed in the late seventies and a majority of the homes were constructed in the late seventies and early eighties. At the intersection of Twelve Oaks Road and Blockader Lane, water from a paved ditch on the other side of Twelve Oaks crosses the road during times of intense storms and overloads a roadside 'ditch which in turn backs up and floods into the crawl space of the home at Blockader and Twelve Oaks. When this home was constructed in 1980, the ordinance allowed homes to be constructed in a flood plain or backwater as long as the finished floor was one (1) foot above the 100 year flood plain, therefore, allowing the entire crawl space to be filled with water. However, the frequency of flooding has increased due to the water crossing Twelve Oaks. (Continued) ATTACHMENTS: YES I'1 NO I // % Richard M.,~McElfish, P.E. Director Environmental Engineering SIGNATURE: COUNTY ADM I NI STRATOR 00 167y BOS-9891 Board Agenda Item Environmental Engineering Page 2 The Virginia Department of Transportation is going to try to keep the water from crossing the road. If water crosses on more intense storms, VDOT provide a means for the water to drain out faster. This will be accomplished by lowering the roadside ditches and increasing the size of the culverts. To facilitate these improvements, the County has offered, with Mr. Whaley Colbert's knowledge, the purchase and delivery of'188' of thirty (30) inch concrete pipe. DISTRICT: Matoaca RECOMMENDATION: Staff recommends that the Board of Supervisors appropriate $3,500.00 from the Matoaca three (3) cent road fund for the purchase of concrete pipe. 00 168 Board Agenda Item - Drainage Pipe for Glen Tata Subdivision July 22, 1992 Budget and Management Comments: The existing balance in the Matoaca three cent road account is $14,109. This agenda item requests use of $3,500. The requests for the two agenda items included for this meeting total $5,900. Given the existing balance of $14,109, there would be a remaining balance of $8,209. ~a~es J. L.//s-tegmaier, D:.frector ~ Budget & M~nagement Dep~rtment 1209 O0 169 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE: SUBJECT: July 22, 1992 ITEM NUMBER: Replacement Roof For Central Library 8.F.5.a. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION The roof on the Central Library is in need of major repairs. It is 15 years old and has had numerous repairs over the past 10-12 years. The Forterra Corporation, the contractor for the expansion of the Central branch, has recommended replacing the existing roof. Any repairs that would be made at this point would only extend the life of the roof for another year or two, after which replacement may be more costly. The general contractor has quoted a price of $134,159 to replace the roof if he is able to.proceed with this additional work while the other expansion is taking place. Staff recommends approval of this change order and a 5% contingency for a total change of $141,000. Because some of the County projects were delayed, sufficient excess interest has been earned on bond proceeds to cover the expenditure of $141,000. Board Action Requested: l) 2) Approve the change order for roof replacement, and ATTACHMENTS: YES n NO · Appropriate $141,000 in bond interest to cover this addendum to the contract. J ame¢~ L. ~egmaie~, ~ Dire~q~or, Budget & Mgmt. SIGNATURE COUNT ADM,.,STRATOR 00 170 B08-9891 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGE NDA July 22, 1992 MEETING DATE: ITEM NUMBER:, 8.F.5.b. ~BJECT: Approval of a Change Order for the Engineering Contract for Proctors Creek Wastewater Treatment Plant (WWTP) Expansion (Project #88-0163B) with R. Stuart Royer and Associates COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Design of the Proctors Creek WWTP Expansion is complete and the construction contract has been awarded. The scope of the project has increased through the design process because of the necessity to increase the capacity of existing facilities to comply with new regulatory requirements for nutrient removal (ammonia and phosphorus). As a result the construction period has been increased from 2.5 years .to 3 years. The cost of additional construction services associated with the increased size of the project and the extended period of construction is $217,167.00. Funds are available from the appropriation for the project. RECOMMENDATION: Staff recommends that the Board approve the change order for engineering services and authorize the County Administrator to execute the necessary documents. ATTACHMENTS: YES 121 NO · PREPARED BY~ ~'~ · c ralg S. Bryant Assistant Director of Utilities SIGNATURE COUNTY ADMINISTRATOR 00 17i CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGE NDA July 22, 1992 MEETING DATE: ITEM NUMBER: $.F.6. Award of Contract for Annual Engineering Services COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION Five (5) representatives from Three (3) sections - Utilities (3), Transportation (1) and Purchasing (1) developed an RFP for an engineering services annual contract to meet the engineering needs of the Utilities and Transportation departments. This annual contract shall be for a period of two (2) years with an option to renew for (1) term of two (2) years. Proposals were received from thirty (30) engineering firms. Out of the thirty (30) proposals received, ten (10) firms were shortlisted and interviewed. The following five (5) engineering firms were chosen for the annual engineering contract: (]) Austin Brockenbrough and Associates (2) Draper Aden and Associates (3) J. K. Timmons and Associates (4) R. Stuart Royer and Associates (5) Whitman, Requardt and Associates ATTACHMENTS: YES n NO I PREPARED BY;, ~ ;,z~-.~~,~'' Craig S. Bryant Assistant Director of Utilities SIGNATURE: COUN~I STRATOR 00 172 Agenda Item July 22, ]992 Page 2 RECOMMENDATION: Staff recommends that the Board of Supervisors award the annual engineering services contract to the above five (5) firms and authorize the County Administrator to execute the necessary documents. O0 178 CHESTERFI ELD COUNTY BOARD OF SUPERVISORS AGE NDA July 22, 1992 MEETING DATE: ITEM NUMBER: 8.F.7. SUBJECT: Authorize the County Administrator to sign an addendum to the Central Virginia Waste Management Authority Recycling Drop-Off Agreement COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This item requests Board authorization for the County Administrator to sign an addendum to the Central Virginia Waste Management Authority (CVWMA) Recycling drop-Off agreement. On October 25, 1991, the County entered into an agreement with the CVWMA for a Regional Drop-Off program for recyclable materials. Under the terms of the original agreement, surplus revenue from the project, after meeting expenses, would be returned to the participating localities. On February 21, 1992, the CVWMA Board, at the request of the participating jurisdictions, approved an amendment to this agreement which will return 50% of the total revenue to the participating jurisdictions on a quarterly basis. This change will return approximately $6,000 of the revenue to the County and will not increase the County's share of contract costs. The total amount of revenue anticipated is minimal and therefore no appropriation of funding is necessary. Authorize the County Administrator to execute the revenue sharing addendum to the CVWMA Regional Recycling Drop-Off Program agreement. ATTACHMENTS: YES [] NO · William H. Howell Director of General Services SIGNATURE ** O0 COUNTY ADMINISTRATOR 174 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGE NDA MEETING DATE : July 22, 1992 ITEM NUMBER: 8.F.8. SUBJECT: Authorize the County Administrator to enter into an agreement with the Central Virginia Waste Management Authority for Refrigerant Recycling COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION This item requests the Board of Supervisors to authorize the County Administrator to enter into an agreement with the Central Virginia Waste Management Authority (CVWMA) for refrigerant recycling. Recent amendments to the federal Clean Air Act require freon refrigerant recovery before an appliance is repaired, recycled or disposed of in a landfill. In response to these regulations, which became effective July 1, 1992, the Central Virginia Waste Management Authority has procured a contract for the recovery and recycling of refrigerants from appliances which are deposited at landfills operated by CVWMAmember jurisdictions. In anticipation of these regulations, funds for this service have been approved in the FY 93 budget. Board Action: Authorize the County Administrator to enter into an agreement with the Central Virginia Waste Management Authority for refrigerant recycling. ATTACHMENTS: YES [] NO aa PREPARED B .... William H. Howell Director of General Services COUNTY ADMI NI STRATOR S,6.ATU.E: , 00 175 BOS-9891 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA July 22, 1992 MEETING DATE: ITEM NUMBER: 8.F.9. SUB4ECT: Authorize the County Administrator to renew the lease agreement for the Winterpock Dumpster Site COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION The County operates a dumpster site at the intersection of Winterpock and Coalfield Roads on a property leased from Mr. William Smith. The original term of the lease was for three years, with a provision for automatic extensions of three years. The lease amount is to be agreed upon by Mr. Smith and the County for each extension of the lease. The lease is now due for renewal and Mr. Smith is requesting an annual payment of $2,000.00 per year for each of the next three years. This is an increase of $600.00 per year. The County has over $50,000 in improvements at this site and staff feels that it is in the best interest of the County to renew this lease agreement. Funds are available within the Sanitation budget. RECOMMENDATION: Authorize the County Administrator to renew the lease agreement for the Winterpock Dumpster Site. ATTACHMENTS: YES [] NO ~ ~iliiam H. aowell--~l Director of General Services SIGNATURE COUNTY ADM I N! STRATOR 00 1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE:July 22, 1992 ITEM NUMBER: Set a Date for ]% Public Hearing To Consider Metropolitan Richmond Greenways System Concept Plan. COUNTY ADMINISTRATOR'S COMMENTS: 8.F.10.a. ]%pproval of SUMMARY OF INFORMATION: Staff recommends that the Board of Supervisors set August 26, 1992 for a public hearing and approval of the Metropolitan Greenways Concept Plan. For the past two years a federally-funded model Greenways Planning Project has been undertaken comprised of federal, state, local officials as well as persons representing the community, corporations, and various associations in the Richmond area. The purpose of the study was to make an exhaustive review of potential greenways areas so that they can be incorporated into the municipal planning process for eventual implementation. The goal is to create a Greenways system in the metropolitan area that would make our area a model for the rest of the country to follow. Greenways are a network of linear corridors of open space or parks that connect recreational, natural, and cultural resources. They may be publicly or privately owned. Some greenways are designed for use by people while others are designed solely for wildlife and/or scenic purposes. Greenways include features such as: hiking Bradford S. Hammer Deputy County Administrator ATTACHMENTS: YES g NO [] for Management Services SIGNATURE: COUNTY ADH I N! STRATOR 00 177- July 22, 1992 Page 2 Set Date for a Public Hearing to Consider Approval of Metropolitan Richmond Greenways System Concept Plan trails, bike paths, sidewalks, waterways, stream valleys, abandoned railroads, and scenic roads. They connect such sources as schools, playgrounds, parks, historic sites, rivers, neighborhoods, businesses and wildlife refuges. Study Committees have met regularly over the past 24 months inventorying potential greenways across the area. The result of this effort is the attached Inventory Report prepared by Mr. Keith Ready of Virginia Commonwealth University. The committee has received public input from public workshops held throughout the region. Interested groups and citizens brainstormed and provided comments on greenway areas and issues. This process assured the Greenways Committee that public input would be provided in the formative phases of the project. Because the Greenways Concept Plan will need to be conceptually approved by each participating locality (Chesterfield, Hanover, Henrico, and Richmond), staff recommend that the Board conduct a public hearing on August 26, 1992 before referring the plan for review and approval by the Planning Commission. Once the Planning Commission approves all or part of the plan that pertains to Chesterfield, it will be forwarded back to the Board for final approval. The concept plan will be forwarded to the Board when it is completed in mid-August. BSH.ajc.agenda20. Attachment: Metropolitan Greenways Mission Statement and Process 00 178 Project Coatext METRo RICtlMOND GRF. ENWAYS PLAN The President's Comml~i0n on Americans Outdoors outlined Amgrica's increasing need for outdoor recreation opportunities in. metropolitan areas with these wor~: "By the year 2000, ~'ighty'percent of Americans w. ill live in metropolitan areas. Those of us who do will especially need aecigs to the great outdoors: tti concrete deserts we lose touch with the real world of tre~, birds, small t~tmmals, and l~lant l~e; The p.iace~ where people are -- elites and their urbanLgng areas ~- ar~ the focus of th~ most rapid changes in the phy. slcal znvironmznt,,. How wz respond to these dynamic changes in urban areas will determine much'oft.he future of Amerkans outdoors, n 3In its plan of action, the commission recommended fhM coramuaities identify and protect valuable natural, recreational, and cultural resources, Communities were also urged to utilize urban greenways to ilnk the built and natural envlronments'whlle providing close to homi~ recr~mtional opportanitles for urban-dwelling Americans, Project Minion · -" Recognizing tho value of the Commission's recomm .endatlom, jmbiic, private, and c~rporate interests within. the city of Richmond and chest.~rfleid, Hanover, and Henrlco counties are cooperating to develop a greenway system that serves recreation, environmental and historic preservation, transportation and tourism, and economic vitality wlthlri th~ metropolitan area. The 18.month planning process will encourage and integrate community.lnvolvemen~ and support, and will outll ne a strategy for lmplementatl0n and management of the System. .' With planning and technical assistance from the National Park Service, a Metro Richmond Greenways Advisory Committee has b~en formed. The committe~, chaired by Robert IIick~, Executive Director of · Maymont Foundation, with Widespread representation from the community, is worIdng through the following ' steps in the planning process.; · Formulate a public involvement strategy including published information, public work, hops, and public events throughout the planning process. · Conduct an lay .entory of critical natural, recreational, and cultural resources and assess their potential as components of a metropolitan-wide greenway system. · Identify issues that .must be addressed .an.d 'goal~' [h~t must be ~tabllshed in order to create a greenway system. · Based on the resource inventory and assessment, as well .as identified issues and goals, develop concept alternafi*es andjmplementation st~itegles. · Select a concept alternative, · Produce a final document and other mediums necessary to successfully market the plan. Undertake demonstration projects that place pieces of the conceptual .network "on the ground~', For Further Information Contact: Robert Hicks, Chairman, Richmond Greenways Ad.visory Committee, '(804) 786-6124 O0 173 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE: SUBJECT: July 22, 1992 ITEM NUMBER: 8.F.10.b. Set a Public Hearing to Consider Extending the Term of the Park Concession Stand Contracts from One to Three Years COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION At the March 11, 1992 Board of Supervisors meeting, a public hearing was held to consider the conveyance of leases of real property in the Chesterfield Parks system for the operation of food concessions by athletic associations. Chesterfield Baseball Clubs, Inc., had submitted a modified lease to the' County which it felt would better serve the organization's needs. The modified lease included a three-year lease option. By unanimous vote, the Board approved the conveyance of real property under the County's standard one- year lease to the following organizations: ATTACHMENTS: YES ~ NO · Steven L. Micas County Attorney 0905:1421.1 SIGNATURE: COUNTY ADM I NI STRATOR oo 80S-9891 AGENDA ITEM July 22, 1992 Page Two Bensley Athletic Association Chalkley Athletic Association Chesterfield Girls Softball Enon Athletic Association Ettrick Youth Sports Association Harrowgate Little League Matoaca Athletic Association Chester Sports Boosters The Board also voted to defer the conveyance of real property to Chesterfield Baseball Clubs, Inc. until March 25, 1992 to afford Chesterfield Baseball Clubs, Inc. the opportunity to meet with staff and discuss the proposed modifications. On March 25, 1992, the Board approved a lease of real property to Chesterfield Baseball Clubs, Inc. for the operation of food concessions at Ironbridge and Rockwood Parks, subject to the County's standard lease, but including the three-year lease provision. Staff was instructed to review the nine one- year leases previously executed, and to bring back to the Board those leases whose lessees desired the three-year term that had been given to Chesterfield Baseball Clubs, Inc. Of the nine organizations which previously executed one- year leases, the following six have expressed a desire to have the three-year lease provision: Bensley Athletic Association Chesterfield Girls Softball League Enon Athletic Association Ettrick Youth Sports Association Harrowgate Athletic Association Matoaca Athletic Association In order to modify the athletic association's existing contracts, a public hearing must be held to consider such modifications. RECOMMENDATION: Staff recommends setting a public hearing to consider modifying the leases for Bensley Athletic Association, Chesterfield Girls Softball League, Enon Athletic Association, Ettrick Youth Sports Association, Harrowgate Athletic Association and Matoaca Athletic Association from one-year terms to three-year termS. 0905:1421.1 O0 181 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGE NDA July 22, 1992 MEETING DATE: , , ITEM NUMBER: 8.F.10.c. SUB4ECT: Schedule Public Hearing Date to consider acceptance of Federal and State Grants and appropriation of Funds for Airport Improvement Projects. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF iNFORMATION This item requests Board approval to apply for and accept Federal Aviation Administration (FAA) and State Department of' Aviation (VDA) Grants, and enter into necessary contracts and appropriate the necessary funds for fiscal year 1992/93 Airport Improvement Program (AIP) projects. The County has submitted the below projects to the FAA and VDA for funding during the current fiscal year. 1. Obstruction Removal / Lighting - Existing Property 2. Land / Easement Acquisition & Clearing - R/W 33 3. Perimeter Fencing and Security Gates 4. R/W 33 Approach Lighting Relocation and Upgrade 5. Relocate Electrical Vault / Construct Taxiway $810,000 $790,000 $426,000 $600,000 $450,000 The County expects fund allocation for all five projects during the current fiscal year. The total appropriation needed is $3,076,000 consisting of FAA funds ($2,768,400), State Funds ($153,800), and County matching funds ($153,800). ATTACHMENTS: YES 12) NO · ~i~l'liam ~. ~o~el% Director of Genelral { I Services SIGNATURE: COUNTY ADMI 00 182 July 22, 1992 Page 2 Project numbers 1, 2, and 4 are essential for the installation of the Precision Instrument Landing System (I.L.S.) planned for the fall of 1993 and will improve Airport safety. Recommendation: It is recommended that the Board of Supervisors schedule a public hearing on August 26, 1992, to consider: Authorization for the County Administrator to apply for and accept both FAA and VDA Grants for these projects and enter into contracts with the Federal and State governments for expenditure of said funds. Authorizing the County Administrator to solicit bids for these Airport Improvement Projects and to enter into a contract with the applicable lowest responsive and responsible bidders. Appropriation of $153,800 from the Transportation Projects Account and authorize transfer of these funds to the Airport Capital Projects fund for these matching grants. Appropriation of all Federal and State funds allocated for these projects. BUDGET AND MANAGEMENT COMMENTS: Pending approval of the agenda item for transfer of funds to a Transportation Project Account, funds in the amount of $153,800 are available for use as a match for these grants. B030.wp 1/Bos#5 00 183 CHESTERFI ELD COUNTY BOARD OF SUPERVISORS AGE NDA MEETING DATE: July 22, 1992 SUBJECT: State Road Acceptance ITEM NUMBER:, 8.F.11. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OFINFORMATION: Clover Hill: Bexley West, Section 1 and a Portion of Loch Braemar Bexley West, Section 2 Bexley West, Section 3 Dale: Mason Woods, Section D Matoaca: Meadow Chase Millcreek, Section 4 Walkers Cove (continued on next page) ATTACHMENTS: YES ~ NO O Ric~ ~. McElfish, P.E. Directo~ Environmental Engineering SIGNATURE: ~ COUNTY ADMINISTRATOR 0 0 184 Board Agenda Item Environmental Engineering Page 2 Midlothian: Buckingham, Section 3 Dedication of Wylderose Court and Justice Road Salisbury Hills, Section 1 Salisbury Hills, Section 2 00 185 MEMORANDUM TO: FROM: SUBJECT: MEETING DATE: Board of Supervisors Environmental Engineering State Road Acceptance - Bexley West, Section 1 and a Portion of Loch Braemar July 22, 1992 Stemwell Boulevard Stemwell Circle St. Regis Drive St. Regis Terrace St. Regis Court Stemwell Lane Falkirk Drive Teaberry Drive BEXLEY WEST SECTION 1 AND A PORTION OF LOCH BRAEMAR O0 TO: FROM: SUBJECT: MEETING DATE: MEMORANDUM Board of Supervisors Environmental Engineering State Road Acceptance - Bexley West, Section 2 July 22, 1992 Stemwell Boulevard Stemwell Terrace Teaberry Drive BEXLEY ~EST 00 187 TO: FROM: SUBJECT: MEETING DATE: MEMORANDUM Board of Supervisors Environmental Engineering State Road Acceptance - Bexley West, Section 3 July 22, 1992 Stemwell Boulevard Stemwell Place Stemwell Point Teaberry Place Stemwell Court t~E X LE¥ WEST SECT I ON 3 O0 188 MEMORANDUM TO: FROM: SUBJECT: MEETING DATE: Board of Supervisors Environmental Engineering State Road Acceptance - Mason Woods, Section D July 22, 1992 Mason Woods Drive Mason Dale Place Mason Dale Court Mason Dale Way Mason Dale Drive Mason Dale Circle Mason Dale Terrace ~~ON ~OOD~ ~~TXO~ D O0 189 MEMORANDUM TO: FROM: SUBJECT: MEETING DATE: Board of Supervisors Environmental Engineering State Road Acceptance - Meadow Chase Meadow Chase, July 22, 1992 Meadow Chase Road MEADOW CHASE O0 190 TO: FROM: SUBJECT: MEETING DATE: Board of Supervisors Environmental Engineering State Road Acceptance - Millcreek, Section 4 July 22, 1992 Roland View Terrace Roland View Court O0 MEMORANDUM TO: FROM: SUBJECT: MEETING DATE: Board of Supervisors Environmental Engineering State Road Acceptance - Walkers Cove July 22, 1992 Walkers Cove Drive .% COLO 00 192 TO: FROM: SUBJECT: MEETING DATE: MEMORANDUM Board of Supervisors Environmental Engineering State Road Acceptance - July 22, 1992 Southwick Boulevard Oldbury Road Buckingham, Section 3 ,Il 00 TO: FROM: SUBJECT: MEETING DATE: MEMORANDUM Board of Supervisors Environmental Engineering State Road Acceptance - Dedication of Wylderose Court and Justice Road July 22, 1992 Justice Road Wylderose Court D£D I CAT I ~]N (IF WYLDER~]SE C[~URT JUST I CE ROAD ............ O0 la~ TO: FROM: SUBJECT: MEETING DATE: Board of Supervisors Environmental Engineering State Road Acceptance - Salisbury Hills, Section 1 July 22, 1992 St. Stephens Way Michaels Ridge Road SALISBURY HILLS SECTION 1 00 TO: FROM: SUBJECT: MEETING DATE: MEMORANDUM Board of Supervisors Environmental Engineering State Road Acceptance - Salisbury Hill, Section 2 July 22, 1992 St. Stephens Way St. Stephens Place Michaels Ridge Road ,, ....................... ,, O0 196 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE: July 22, 1992 ITEM NUMBER: SUBJECT: Amendment to Minutes of May 13, 1992 8.F.12. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION The Virginia Department of Transportation has contacted the County and advised the state route number on Old Hundred Road has been Changed from Route 652 to Route 754. The minutes of May 13, 1992 should be amended to reflect the following: "On motion of Mr. Warren, seconded by Mr. McHale, the Board adopted the following resolution: WHEREAS, the Chesterfield County Board of Supervisors has received requests from citizens to restrict through truck traffic on Old Hundred Road (Route 652) by any truck or truck and trailer or semi-trailer combination expect pickup or panel trucks; and WHEREAS, Genito Road, Warbro Road and Hull Street Road provide a reasonable alternate route; and ATTACHMENTS: YES II NO [] PREPARED BY~,~ R. J. ~[cCracken Director of Transportation SIGNATURE: COUNT~STRATOR 00 197 WHEREAS, the Board has conducted a public hearing on the question. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors requests the Virginia Department of Transportation to restrict through truck traffic on Old Hundred Road. Vote: Unanimous" "On motion of Mr. Warren, seconded by Mr. McHale, the Board adopted the following resolution: WHEREAS, the Chesterfield County Board of Supervisors has received requests from citizens to restrict through truck traffic on Old Hundred Road (Route 754) by' any truck or truck and trailer or semi-trailer combination expect pickup or panel trucks; and WHEREAS, Genito Road, Warbro Road and Hull Street Road provide a reasonable alternate route; and WHEREAS, the Board has conducted a public hearing on the question. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors requests the Virginia Department of Transportation to restrict through truck traffic on Old Hundred Road. Vote: Unanimous" 00 198 Mr. Daniel called for .the vote on the motion~ made by Mr. Colbert, seconded by Mr. Barber, to appropriate $80,000 from the Reserve for Future Capital Projects of the General Fund contingent upon the necessary right-of-way donation to be used for the construction of an emergency access to the Millside Subdivision. Vote: Unanimous 15;B. TO CONSIDER T~E PROHIBITION OF ANY THROUGH TRUCK OR ~RUCK i~=ND rI'RATT.'I~ OR SEMI-TRAILER COMBINATION EXCEPT A PICKUP OR PANEL TRUCK FROM USING OLD HUNDRED ROAD BEn,WEEN GENITO ROAD AND HULL STREET ROAD Mr. McCracken stated this date and time had been adVertised for a public hearing to consider the prohibition of any through truck or truck and trailer or semi-trailer combination except a Pickup or panel truck from using Old Hundred Road between Genito Road and Hull Street Road. Mr. George Rodericks stated he had resided in Brandermill for the past five years; that he and his wife had not seen the potential disturbance with the roads at the time they had purchased their home; that over the years, the situation had become hazardous; that he had committed himself to requesting the speed limits to be readjusted but had been unsuccessful in doing so; that school buses traveled ~he road and he was concerned as to the safety of the children; and requested the Board to consider restricting truck traffic on Old Hundred Road. There being no one else to address this issue, the public hearing was closed. When asked, Mr. McCracken stated he felt the trucking industry would assist the County's efforts in requesting the Virginia Department of Transportation to construct the loop and ramp for the Route 288/Powhite Parkway Interchange. Mr. Barber requested Mr. McCracken to notify the trucking companies for their assistance in this matter. On motion of Mr. Warren, seconded by Mr. McHale, the Board adopted the following resolution: WHEREAS, the Chesterfield County Board of Supervisors has received requests from citizens to restrict through truck traffic on Old Hundred Road (Route 652) by any truck or truck and trailer or semi,trailer combination expect pickup or panel trucks; and WHEREAS, Genito Road, Warbro Road and Hull Street Road provide a reasonable alternate route; and WHEREAS, the Board has conducted a public hearing on the question. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors requests the Virginia Department of Transportation to restrict through truck traffic on 01d Hundred Road. Vote: Unanimous 15.C. TO CONSIDER AN ORDINANCE TO AMEND THE CODE OF T~ COUNTY OF C~*~STERFIELD, 1978, AS AMENDED, BY AMENDING AND REENACTING SECTION 7-5(a) RELATING TO FRANCHISE FEE FOR CABLE TELEVI$ION Mr. Stegmaier stated this date and time had been advertised for a public hearing to consider an ordinance to amend the 92-378 5/13/92 00 198 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGE NDA July 22, 1992 MEETING DATE: ITEM NUMBER: 8.F.13. Extension of Utilities to Erni Components and Blueprint Automation (Project #92-0078, Rivers Bend Industrial Park and Rivers Bend Boulevard - Phase II) COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION Under the County's Utility Inducement Program for economic development, funds have been set aside for extension of water and sewer lines provided the County's share of total construction cost does not exceed 75% and is repaid to the County from increased taxes within three years. Erni Components and Blueprint Automation are two firms who have selected sites in the Freeport Development located adjacent to Route 295 northeast of the proposed Meado~ille Road relocated and Section 6 of the Rivers Bend Subdivision area. The developer, Freeport Trust Partnership, has applied for funds to extend 6,800 L.F. + of 8", 12" and 20" water lines and ],900 L.F. + of 10" sewer lines ( a copy of the application is attached). ATTACHMENTS: YES ~r NO I-i L/Edward Beck, Jr. Assistant Director of Utilities SIGNATURE: C OUNTY"~bM I N! STRATOR O0 2 0 0/,,.- Agenda Item July 22, 1992 Page 2 The proposed County share of the project is $164,864.00 which is based on the estimated amount of taxes to be generated and repaid to the County within three (3) years. The developer has advised that he is unable to obtain the required performance bond to guarantee the increased tax revenues because of the new banking regulations and has requested the requirement be waived. RECOMMENDATION: Recommend approval of application and waiver of the requirement to furnish a Performance Bond. Funds are appropriated for projects of this type titled Expansions for Economic Development. Payment is to be made from this project not to exceed $25,200.00 in wastewater and $139,664.00 in water. O0 ~: ~8 CHFLD.~'~gHOMIC_DEV- Chesterfield Cou ECONOI"41C DEVELQptvlENT P.£/2 TO: FROM DAT~ David~. Welchons, Director, U~ilities Department es G. bonn, Assistant Director, ~¢onomic Development July lO, 1992 SUBJECT: Request for Utility Inducement Funds Pursuant =o the Chesterfield County Code section 20-44 paragraph (d), we are requesting the use of utility inducement funds for two economio development projects proposing to locate in the River's Bend Business Center. The applications for these two companies, ~lueprint Automation and Emi Components, have been sent under separate cover to your staff. It is our estimate that the tax revenues for the first three years Chesterfield County receives from these two projects to be $164,864 and, therefore, would he the maximum eligible from the County's Utility Inducement Fund. Undoubtedly, without this inducement, these two companies will choose to locate elsewhere. In addition to their impact on Chesterfield County revenues, the opening of this industrial center will entice similar companies to locate there as well. If you have any questions or need additional information, please contact us. cc: H. D. Stith, Interim Deputy County Administrator for Development Bill Wright, Utilities Department JD~JL23/jgd/del P.O. Box 760, Chesterfield, VA 23832 (804) 748-3963 FAX (804) 796-3638 O0 202 July 7, 1992 Mr. Gary R. McLaren Director of Economic Development Chesterfield County 10109 Krause Road Chesterfield, Virginia 23832 Re: Application for Utility Inducement Funds Dear Gary: This letter is to formalize my application for utility inducement funds. I am providing the information in the format suggested by your policy (Attachment I). 1. Developer: Industry: o o Freeport Trust Blueprint Automation and Ernil Components Site to be improved: River's Bend Business Center Product to be produced: Manufacturing Electrical Connectors, Packaging Equipment Financial assistance statement by Industry: See Attachment Completion date statement by industry: Industry to be completed within 3 years Performance Bond: Either a letter of credit or a performance bond will be furnished by County. Developer unable at this time to obtain letter of credit due to new banking regulations. Developer/County contribution ratio: County 57%= $164,864 Developer 43%= $123,151 Estimate of extension costs: Water = $234,135.00 Sewer = $ 53,880.00 $288,015.00 O0 203 10. Industry Capital Investment: $5,722,280.00 resulting in taxes of approximately $164,864 over the first three years. The Developer will pay the costs of the extension and be reimbursed no more than $164,864.00 by the County at completion of the project. If you need any additional information, please contact me at 748-5817. Sincerely, Freeport Trust Partnership 00 204 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE: July 22, 1992 ITEM NUMBER: ~VBJECT: Request to Quitclaim Retaining Wall Easement 8.F.14. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION In 1989, George R. and Kaye H. Maitland granted the County an easement for the construction of a retaining wall in connection with the flooding of their home. Upon completion of the wall, the Maitland's assumed ownership and maintenance responsibility. Therefore, the easement is no longer needed and the Maitland's request it be vacated. This request has been reviewed by staff and approval is recommended. RECOMMEBq)ATION: Staff recommends that the Board authorize the Chairman of the Board and County Administrator to execute a quitclaim deed to vacate the easement for the construction of a wall on property owned by George R. and Kaye H. Maitland. DISTRICT: Clover Hill ATTACHMENTS: YES · NO [] Utilities SIGNATURE: COUNTY ADMINISTRATOR 00 BOS-9891 VICINITY SKETCH REQUEST ~ QUITCLAIM RETAINING WAI~"~EASEMENT (MR AND MRS. GEORGE R. MAITL ND) ,let C[ J DANHURST WOODS BUCKII JUR SEASONS )LDE COACH VILLAGE RI] CREEK Midlothia MIDLOTHIAN ~'\ W LION 00 206 STONEHENGE GOLF & COUNTRY CLUB S 54'2t'.30" E~ $ 54°25'50" 49.89' '1~V6 t& ~L EXISTING OF EXISTING APPROXIM~ TE OF lO0 YE,~R VARIA,~ c LOT 5 STONEHENGE LOT 6 BEIIRING DIS TANCE 80°25'08" E 103.55' 47'50'10'' E 128.00' 22°40'56" W 6.00' 6 7'/9'O4" E $~3. O0' ,3l'2'['49" W 66.69' 48'$8'0t" W 22.00' 8~'o~',4" w 35.68' ~o'oo'~" w ~7.oo' EXIS TING HOUSE GEORGE R, JR. YA YE H. MAITLAND 'x D.B. 1793 PG. 1823 LOT 7 BLOCK 'B' BROMWICH COURT LOT 8 SECTION E PLA T SHOWING A VAR/ABLE WIDTH WALL EASEMENT A CROSS THE PROPER TY OF: GEORGE R., JR. & KA YE H. MAITLAND TAX PARCEL NO.: '26-3(4) E-B?7 MIDLOTHII~N D/STRICT * CHESTERFIELD COUNTY, VIRGINI~ J.K. TIMMONS & ASSOCIATES, RC. ENGINEERS · SURVEYORS · PLANNERS 711 N. COURTHOUSE RD. RICHMOND. VA. 8803 STAPLES MILL RD. HENRICO CO., VA. 2430 PAGEHURST DRIVE MIDLOTHIAN. VA 411 E. BROAENVAY HOPEWELL. VA CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGE NDA MEETING DATE : July 22, 1992 ITEM NUMBER: 8.F.15. ~UB4ECT: Declare a Parcel Surplus and Offer for Sale COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION Staff requests the Board to declare the Well Lot in Lunswood Subdivision, in Bermuda District as surplus property, and offer the property for sale for sealed bids. The Utilities Department has reviewed the parcel and sees no future County use. RECOMMENDATION: Staff recommends that the Well Lot in Lunswood Subdivision be declared surplus property, and in keeping with County policy, the Purchasing Department be directed to advertise the parcel for sealed bids. An 8' easement in the rear of the lot will be retained. DIST~ICT: Bermuda ATTACHMENTS: YES · NO ri PREPARED BY:, J~Edward Beck, Jr. Assistant Director of Utilities SIGNATURE: COUNTYADC~~MI STRATOR oo VICINITY SKETCH DECLARE A PARCEL SURPLUS - WELL LOT IN LUNSWOOD GREATBRIDGE "SA[ WOOD PATROMDAL) "FARMS CARVER HOM WOOD ACR ," P~rk-' ~' ECoff ES LAKEWOOQ i E~T/~TE$ I DENSEWOOD' CHESTERBROOK ,RMS J I~RUCI CENTRALI~ FARM FIEU) OR! CHESTERi STATIONS O0 209 1053.-/5 -I --I ~ 2,~Z- ~o~ 60.1G- CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGE NDA July 22, 1992 MEETING DATE: ITEM NUMBER: 8.F. 16.a. SUB4ECT: Authorization to Exercise Eminent Domain for the Acquisition of a 20' Water Easement for the Bon Air Waterline Rehabilitation Project COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Staff requests the Board to authorize the County Attorney to exercise eminent domain for the acquisition of the undivided one half interest in a 20' water easement from Louis E. Cheatham and Ann M. Cheatham, Tax Map #17-4(1)10. The construction of this waterline is a County rehabilitation project and is necessary to improve the service and reliability of the public waterlines in Bon Air. BACKGROUND: On April 30, ]992, an offer of $210.50 was made by the Right of Way Section to the above owner for their one half interest in a 20' water easement for the Bon Air Waterline Rehabilitation Project. The total estimated value of the easement is $421.00. Staff has acquired the other one half interest in the easement. Since this offer has not been accepted and no counteroffer has been made, and ATTACHMENTS: YES [] NO [] Craig $. Bryant Assistant Director of Utilities SIGNATURE: COUNTY ADM I NI STRATOR Agenda Item July 22, 1992 Page 2 since the contract for the installation of the waterline has been awarded, it is necessary to proceed with eminent domain on an emergency basis for the health and safety of the public. Staff will continue to negotiate with the owner in an effort to reach a settlement. RECOMMENDATION: Staff recommends that the Board authorize the County Attorney to proceed with eminent domain on an emergency basis and exercise immediate right of entry pursuant to Section 15.1-238.1 of the Code of Virginia, and that the County Administrator be instructed to notify the owner by certified mail on July 23, 11992, of the County's intention to take possession of the easement. DISTRICT: Midlothian O0 212 ~. ¥ICINI~Y SKEET CH ~ AUTHORIZATION TO EXERCISE EMINENT DOMAIN FOR THE ACQUISITION OF A 20' WATER EASEMENT ACROSS THE PROPERTY OF MR. & MRS. CHEATHAM FOR THE BON AIR REHABILITATION PROJECT ~o GRE 00 213 N/F OREOORY TAX PARCEL ~7-4<~)z~ ALBERTA B. OREOOR Y C.O.i~,. C:l~ Pe~. '~,0 EA~EI~fEIVT CLYDE S. & JOAN L. GREGORY TAX PARCEL ~ 17-4(1)14 I I I I I I I 1 I PLAT SHO~ING A ~ATER EASEMENT ACROSS THE PROPERTY OF: ALBERTA B. GREGORY ~ ~ TAX bfIDLO THIAlq DIS TRICT STERFIELD COUi~TY, VIRGINIA 711 N. COUR~OUSE RD. RICH~ONO, VA 880~ STAPLES ~1~ RD. HENRICO ca, VA 2450 PAGEHURST DRI~ MIDLO~IAN, VA 4411 CROSSINGS BL~. PRINCE GEORGE, VA PRE~4OUS JO8 Na DA ;rE: 7--23- 91 DRAWN BY,' EAH SCALE: ~*--50' CHECKEDBY; JOB NO.: I'¢4~7-1 CALC. OHK.: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA July 22, 1992 MEETING DATE: ITEM NUMBER: 8.F.16.b. Authorization to Exercise Eminent Domain for the Acquisition of a 20' Water Easement for the Bon Air Waterline Rehabilitation Project COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Staff requests the Board to authorize the County Attorney to exercise eminent domain for the acquisition of a 20' water easement from the heirs of Roy T. Horne, Tax Map #17-4(1)6. The construction of this waterline is a County rehabilitation project and is necessary to improve the service and reliability of the public waterlines in Bon Air. BACKGROUND: Since staff has been unable to locate the heirs of Roy T. Horne, one of the owners of the property, and since the contract for this project has been awarded, it is necessary to proceed with the use of eminent domain on an emergency basis. The total estimated value of the easement is $1,667.00 of which Roy T. Horne's Estate's share is $305.62 and will be deposited with the Clerk of the Circuit Court after a hearing to obtain right of entry. This waterline project is necessary for the health and safety of the public. Staff will continue to try to locate the heirs and negotiate a settlement. ATTACHMENTS: YES ~ NO [] I~EPARED ralg S. Bryant Assistant Director of Utilities SIGNATURE: COUNTY ADMINISTRATOR 00 215 Agenda Item July 22, 1992 Page 2 RECOMMENDATION: Staff recommends that the Board of Supervisors authorize the County Attorney to proceed with eminent domain on an emergency basis. DISTRICT: Midlothian 00 216 ,.-'., 'VICINITY SKETCH AUTHORIZATION TO EXERCISE EMINENT DOMAIN FOR THE ACQUISITION OF A 20' WATER EASEMENT ACROSS THE PROPERTY OF THE HEIRS OF ROY. T. HORNE FOR TtIE BON AIR REHABILITATION PROJECT L~T .EWOOD~'1 CHATSV DONACHY O~ 00 217 GEORGE WINSTON, ESTATE W.B. I1J PO. 155 ANNIE B. BROWN TAX PARCEL /~ 17-8(1)1 I I I I 1 / PLAT SHOWING A WATER EASEMENT ACROSS THE PROPERTY OF: ~,o~~ ~rI~fZ~rON, .~T.4T~ ~,4x P~CE~ ~o.: ~-4(~)~s MIDLO THIAN DISTRICT STERFIELD COUNTY, VIRGI~¥A DA ~: 7-2~-9~ ORA~N 8~' E~H CHECKED mn ~d CALO CHK.: RREWOUS JOB NO. JOB NO.: 144J7-1 J. l~. :IMMONS & ASSOCIATES, P. C 711 N. GOUR F/lOUSE RD. RICHMOND, VA 8805 STAPLES MILL RD. HENRICO CO., VA 24J0 PAGEHURST DRIVE MIDLOTHIAN, VA 4411 CROSSINGS BLVD. PRINCE GEORGE, VA SCALE: 1":100' O0 218 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE: July 22, 1992 ITEM NUMBER: 8.F.17.a. SUBJECT: Acceptance of a Parcel of Land along Old Bermuda Hundred Road from Charlene E. Sharpe COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Staff requests the Board of Supervisors to accept the conveyance of a parcel of land, containing 0.1436 acre, along Old Bermuda Hundred Road from Charlene E. Sharpe, and to authorize the County Administrator to execute the necessary deed. BACKGROUND: It is the policy of the County to acquire right of way whenever possible through development to meet the ultimate road width as shown. on the County Thoroughfare Plan. The dedication of this parcel conforms to that plan, and will decrease the right of way costs for road improvements when constructed. RECOMMENDATIO~: Staff recommends that the Board accept the conveyance of this parcel and authorize the County Administrator to execute the necessary deed. DISTRICT: Bermuda ATTACHMENTS: YES ~ NO [] PREPARED BY:_ '/~~~ ~. Edward~eck, Jr. Assistant Director of Utilities SIGNATURE: COUNTY ADM I NI STRATOR 00 808-9891 ~-~ VICINITY MK ~,'I'L;H ~, ACCEPTANCE OF A PA JEL OF LAND ALONG OLD Bi iUDA HUNDRED ROAD -FROM CHARLENE E. SHARPE BERMUI~A PLACE MOBILE HOMES WALTHAL ~oNOREO RIGGERS STATION WALTHALL CREEK Mount Minnis ~!.emoriat Park RUFFIi~ ES' Creek O0 220 I~l,fl~l I.~lr~l~l ' ~ ~ ' z ~ .... ---=-~-. -~.00 221 / CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA July 22, 1992 MEETING DATE: ITEM NUMBER: 8.F.17.b. Acceptance of a 1.78 Acre Parcel of Land from Virginia L.A.D. Company COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION Staff requests the Board of Supervisors to accept the conveyance of a parcel of land for road widening, containing 1.78 acres, from Virginia L.A.D. Company, as shown on the attached plat, and to authorize the County Administrator to execute the necessary deed. BACKGROUND: This conveyance, is a Planning requirement for Industrial Center Development. the Old Stage RECOMMENDATION: Staff recommends that the Board of Supervisors accept the conveyance of this parcel and authorize the County Administrator to execute the necessary deed. DISTRICT: Bermuda ATTACHMENTS: YES I~ NO O PREPARED BY:7~ / ~?/JEdward e~c, Jr. Assistant Director of Utilities SIGNATURE COUNTY ADMINISTRATOR ,,, O0 22F ACCEPTANCE OF A 1. VICINITY SK~TCII ,,~ ACRE PARCEL OF LAND FR( VIRGINIA L.A.D. COMPANY uad WARFIELD ESTATES t Moores OD MOBILE Park /GAY FARMS I _~/t~~ I ~l~ ~l/~ ~1/ L 0.12500 PAR R e~dwater Ldke ~ Richmond I Battlefi~ OLD STAG 00 223 k-j' /"/ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AG E NDA MEETING DATE: July 22, 1992 ITEM NUMBER: 8.F.17.c. SUBJECT: Acceptance of a Parcel of Land along U.S. Route 1 from JBM Limited Partnership COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Staff requests the Board of Supervisors to accept the conveyance of a parcel of land, containing 0.1234 acre, along U.S. Route 1 from JBM Limited Partnership, and to authorize the County Administrator to execute the necessary deed. BACKGROUND: It is the policy of the County to acquire right of way whenever possible through development to meet the ultimate road width as shown. on the County Thoroughfare Plan. The dedication of this parcel conforms to that plan, and will decrease the right of way costs for road improvements when constructed. Staff recommends that the Board of Supervisors accept the conveyance of this parcel and authorize the County Administrator to execute the necessary deed. DISTRICT: Bermuda ATTACHMENTS: YES · NO [] PREPARED BY:_ / ~ /-' ' J½~dward B~ck, Jr. As~stant Director of Utilities SIGNATURE :, COUNTY ADM I NI STRATOR 00 22?, BOS-9891 ¥1~;II~ITY ACCEPTANCE ~ A PARCEL OF LAND ALONG.'~4. S. ROUTE 1 I~. DM JBM LIMITED PARTNERSH. iR BELLWOOD aLY CENTER ACRES AUNCT I RO K!ngslam PARK CORNER CRESCENT RD The~ater PARK FRIEND O0 226 Z PLAT SHOWING A PARCEL OF LAND TO BE DEDICATED TO CI-IE6TERFIELD £OLIN'I'Y IN THE BERMUDA DI..6TEI(:::T OF ~HE.~TERFIELD COUNTY, VIRGINIA SCALE: I'?= lOG" DATE: AUSTIN BROCKENBROUGH & ASSOCIATES CONSULTING ENGINEERS / LAND SURVEYORS CHESTER , VIRGINIA 00 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGE NDA MEETING DATE : July 22, 1992 ITEM NUMBER: ADDITION 8.F.18. SUBJECT: Approval for the Purchase of Land and Appurtanant Easements for Michaux Creek Pump Station from Sue P. Rosefsky COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION Staff requests the Board to approve the purchase of a 1.506 acre parcel of land and appurtenant easements lying west of Winterfield Road, from Sue P. Rosefsky, for the amount $30,000.00 and to authorize the County Administrator to execute 'the necessary contract and deed for this conveyance. The funding for the purchase of this site and easements have been previously appropriated and are available through the James River Trunk Sewer Project, Phase II. RECOMMENDATION: Staff recommends that the Board approve the purchase and accept the conveyance of this parcel and appurtenant easements and authorize the County Administrator to execute the necessary contract and deed upon approval by the County Attorney. DISTRICT: Midlothian ATTACHMENTS: YES/~ NO I"1 BOS-9891 SIGNATURE: COUNTY ADM I NI STRATOR APPROVAL FOR THE PURCHASE OF A PARCEL OF LAND FOR MICHAUX CREEK PUMP STATION FROM SUE P. ROSEFSKY SOUTHW GALLOWAY #~ riCK POWDERHAM JAMES D.B. 19 PG. 664 TAX PARCEL NO. 52-$6 0 ROD I. SO 6 ~ C)~EE CHESTERFIELD COUNTY PUMP STA T/ON SITE 16' PER~iANENT SEFIEf EASEI~ENT R~BERT_E_ MZLL COURT 50' R/W _ PROPOSED 15' TEMPORARY CONSTRUCllON EASF_~ENTS .ROD SUE P. ROSEFSKY D.B. 1944 PG.,558 TAX PARCEL NO. S 0) 27 PROPOSED 16' SEWER EA SEMEN T PROPOSED 15' ' CONSTRUCTION EASEMENT ROD (S) L~j.____PROPOSED 25' CONSTRUCIION & PROPOSED 20' id? TEMPORARY ACCESS EASEMENT PERMANENT EASEA4ENT I / 'PZ~ T 2~HO~rING J. SO~ ACRES OiV LA LYING WEST OF ~vINTERFIELD ROAD MIDLOTHI~N DI2TRICT ~ CHE~TEt~FIELD COUNTY, KENNETH ~. COX ~ No, 1039 ,.~, REVISED: 11-12-91 CHANGED PROPOSED SEWER PREt4OUS JOB NO. TIMMONS & ASSOCIATES, P. C ENGINEERS ~ AI~CHITECT$ ~ SURVEYOP~ ?~1 N. COUR~OUSE RD. RICHMOND, VA 8803 STAPLES MI~. RD., .' ~,, HENRICO CO., VA 4411 CROSSINGS'BL~, .... PRINCE GEORGE, VA. DA~' .NO~MBER. 14,.,1991.~-SCALE; 1' = ~00' DRAH/N BY: ~. 'MORRI$ON' CHEC~E~ ~×. ~X'-~;~,~,~,O~C. CHK.: JOB NO,: 14~95-i:'Q'.~C ~ '? _/ CHESTERFI ELD COUNTY BOARD OF SUPERVISORS AGE NDA MEETING DATE: SUBJECT: July 22, 1992 ITEM NUMBER: ADDITION 8.F.19. Application for a Bingo and Raffle Permit for The Central Virginia Council of the Blind COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Central Virginia Council of the Blind ("CVCB") has applied to the Board for a permit to conduct bingo ~ames and raffles for the 1992 calendar year. The Central Virginia Council of the Blind is a local affiliate of the 01d Dominion Council of the Blind, a statewide organization, and the American Council of the Blind, a national advocacy and public education organization. CVCB does not meet in Chesterfield County regularly, but includes the .Chesterfield area in their imembership and hopes to increase membership and services to Chesterfield residents through the bingo activities. CVCB currently holds permits to conduct bingo and raffles in the City of Richmond and the City of Roanoke. Since CVCB is part of a national organization, ATTACHMENTS: YES ~ 0905:1545.1 NO [] SIGNATURE: PREPARED BY;~, ~ Steven L. Micas County Attorney COUNTY ADMINISTRATOR BOS-9891 AGENDA ITEM ~uly 22, 1992 Page Two that is exempt from taxes under §501(c) (3) of the IRS Code and has a chapter holding a valid bingo permit elsewhere in the Commonwealth, the organization qualifies for a permit in Chesterfield, pursuant to ~18.2-340.3(1) of the Code of Virginia. CVCB proposes to conduct its bingo activities at the Happy Hill Event Hall, 15808 Jefferson Davis Highway, on Saturdays between noon and 5:00 p.m. The Bermuda district, where the Happy Hill Event Hall is located, currently has seven bingo games in operation on various days and at various times. The Happy Hill Event Hall already has two bingo games in operation: 1) The Bensley Athletic Association conducts bingo at the Hall on Saturdays from 5:00 p.m. to midnight, and 2) Poseidon Swimming conducts bingo at the Hall on Sundays at 1:00 p.m. The Robert E. Lee Post 2239 Vt~ conducts bingo in close proximity to the Hall at 14703 Jefferson Davis Highway on Saturdays at 7:00 p.m. Since there appears to be an abundance of bingo games being conducted within a very limited area, particularly on Saturdays and Sundays, the addition of another bingo game in the area on Saturdays from noon to five may negatively impact the operation of the existing games. RECOMMENDATION: CVCB meets all legal requirements for issuance of a bingo/raffle permit. APPLICATION FOR A PERMIT TO CONDUCT BINGO GAMES OR RAFFLES Ihe undersigned application, pursuant to §18.2-340.1, e__t seq. of the Code of Virginia, req~e~s the Board of Supervisors of Chesterfield County to issue a permit to conduct bingo games ~-/~ raffles V , or both durin~ the ~___calendar ye,r. Th~s application is for a new __~_~or renewal ~ permit. I__n support of this application: the applicant offers the following information under oath: _ . ./. . .. .... ~, ";,.~ :- ,- , . Address of organization's headquarters, At. ¢ 3. Address ~ere all records of receipts and disbursements are pe~anently f~led: ~z ~ ~ :7 ~,,,, ~ ~'" "/'.'~ .... c;"'~ ~ .~;~-'-c ~,~F~/ H/c ~ ~u~ ~ Address or addresses ~ere bingo g=es will be held or raffle drawings conducted: NOTE: THIS PERMIT IS VALID ONLY AT THE ABOVE LOCATION. 6. Dates or days of week and time when bingo games or raffles will be held at the above address(es): 7.' T~e patrons are admitted and sales begin: .//.~ Date~en organization was founded: 8. 9. ~s your organization been tn existence and met re~larly tn ~esterfield ~unty for ~o years t~edtately prior to m~king this application? Yes Is your organization currently and has your organization always been operated in the past as a non-profit organization? Yes ~// No __ 11. 12. Internal Revenue Code section for tax-exempt status was granted State the specific type and purpose of your organization: ~,~'£~hV . ~ -/ ./- . i ..... financial reports filed on time and in compliance with applicable legal 13. If renewing a permit,}~ere requirements? Yes ~ No l&. List below gross receipts, if any, from all sources related to the operation of bingo games or instant bingo by calendar quarter for the 12-month period immediately prior to the date of this application: 1st qtr: $ tW'//O//~'' 2nd qtr: $ /~/,~/' 3rd qtr: $ ~/-/~/' ~th qtr: S F~/~/f 15. Officers of Organization: Addxess Bus. Phone Home Phone 16. Member authorized%~thin the organization to be responsible for conduct and operation of bingo games or raffles: Name: LC) &~ ~ ~b~J~(~ ~- Address: ~.~.~_~_~t, Y///~Z-/L/~// ~ Home Telephone Number ~L~'dP ,g ~/~ Business Telephone Number: '/~///~/ ' . ' ' - , / 17. Do you, and each officer, director and member of the organization fully understand the following: It is a violation of law to enter into a contract with any person, firm, association, organization (other than another qualified organization pursuant to §18.2-3&0.13 of the Code of ¥ir~inia), partnership or corporation of any classification whatsoever, for the purpose of organizing, managing or conducting bingo games or raffles? Yes . /_ No -- -over- cd11668:C~2 B. The organization must maintain and file with the County's Internal Audit Department complete records of receipts and disbursements pertaining to bingo games and raffles as required by State and County Law, and that lsuch records are subject to audit by the County's Internal Audit Department? Yes ~ No -- C. The organization must remit an audit fee of 1% of gross receipts with the Annual Financial Report not later than November i unless gross receipts are less than $2,0007 Yes / No -- The organization must furnish a complete list of its membership upon the request of the County Internal Audit Department~ or other designated representative of the Board of Supervisors? Yes / No Any organization found ix~ violation of §18.2-340.10 of t. he Code of ¥ir~inia, authorizing this permit is subject to having such permit revoked and any organization or person, shareholder, agent, member or employee of such organization who violated §18.2-340or Article 1.1 of Chapter 8 of Title 18.2 of the Code of Virginia, may be ~il~y of a felony? YeS _~_ No -- The organization must pr,~vide written notification to the County Internal Audit Department of any change in elected officers or bingo chairperson during the calendar year covered by this permit? Yes 18. Your organization must attach a copy of the organization's charter, articles of incorporation, bylaws, or other legal documents which describe the specific purposes for which the'organization is chartered or organized and must complet~ the Resolution below. 19. Your organization must submitl a check in the amount of $25.00 payable to Treasurer, Chesterfield Count~ as an application fee. 20. 21. Additional pages where necessary to fully complete this application may be attached. Have you and each officer ofyour organization read the attached permit and do you and each officer agree on behalf of the organization to comply with each of the conditionstherein? Yes ~-/ No__ 22. 23. Submit this application to tfie Chesterfield County Attorney's Office by mail to: P. O. Box ~0: Chesterfield: Virginia 23832 or by hand to: Route 10 and Lorl Road; Administration Bldg, Room 503. i hereby swear or afflz-munder the penalties of perjury as set forth in §18.2-434 of the Code of Virginia, that all of the above questions have been completely answered and that all the statements herein are true to the best ~)f my knowledge, information and belief? Name: Title: Address: Business Phone: WITNESS the following signatures and seals: ~./ Signature of Applicant: ~ ~. ~ / STATE OF VIRG~. CITY/C~m~-,OF ~,~ ~ t~o-wit: Subscribed and sworn to before me!, ~[~ ~--~-~~.~;,-~' ~TM ~ ~=~blic ~n a~ f~ ......... City/~Y and State aforesaid, this' ~ day o~ ~'C, 19~,~ RESOLUTION BE IT RESOLVED THIS /f, day of~ ~9~?~. (date resOlutiOn passed)' that is hereby authorized to apply to the Chesterfield County Board of Supervisors for a bingo/raffle p~rmit on behalf of this organization for the /~;~.. calendar year. thorized signature (~fiS.:er or! Director) cd11668:C~2 CI-~ S'~KFIELD COUNTY BINGO/KAFFL£ By Resolution of the Chesterfield County Board of Supervisors duly adopted on permission is hereby granted to to conduct during the calendar year . ~tlS PEP~'iI~ WILL EXPIRE O~ DECE~ER 31, Ibis permission is granted subject to the following conditions:. Except for reasonable and proper operating costs and prizes, no part of the gross receipts derived by your organization may be used for any purpose other than (i) those lawful religi6us, charitable, co~.aunity or educa- tional purposes for which your organization is specifically chartered or organized and (ii) expenses relating to the acquisition, construction, ,~aintenance, or repair of any interest in the real property involving the opera- tion of your organization and used for !~w!ul rel!gio,ys~ chari~_ab!e, community or educational purposes. Your organization shall not enter into a contract with or otherwise employ for compensation any person or firm, association, organization (other than .an. other qualified organization pursuant to i18.2-3A0.13 of the Code of Virzinia, 1950, as amended), partnership or corporation of any classification whatsoever, for the purpose of organizing, mnaging or conducting bingo games or raffles. 1~o person, except a bona fide ,ember of your organization who shall have been a member of the organiza~ion for at least ninety (90) days prior to such participation, shall participate in the management, operation or conduct of any bingo game or raffle; provided however, that the spouse of any bona fide member or a'firefighter or rescue squad member employed by a political subdivision with which the volunteer fir, fighter or rescue squad member is associated my participate in the operation and conduct of a bingo game or raffle if a bona fide member is present. ~n addition, no person shall receive any remuneration for participating in the management, operating or conduct of any such game or raffle. &. Your organization shall not enter into any contract with or otherwise employ or compensate any member of your organization regarding the sale of bingo supplies or equipment· Your organization shall not a~ard any bingo prize ~maey or eerchandise valued in excess of the following amounts: (a) no bingo door prize shall exceed :verity-five dollars ($25.00)~ (b) no regular bingo or special geme shall exceed one hundred dollars ($100.00), and (c) no bingo Jackpot, o£ any nature whatsoever, shall exceed one thousand dollars ($1,000.00), ~or shall the total amount of.bingo Jackpot prizes awarded in one calendar day ~xceed one +.-h~and dollars /e~ 000 0~. Your organization shall not award any raffle prize or prizes valued at more than one hundred thousand dollars ($100,000.00) during any one calendar year. In no event shall your organization Join with any other organization in establishing or contributing to the maintenance of any Jackpot. ~ Your organization shall maintain a record in writing of the dates on which bingo is played, the number of people in attendance on each da~e and the amount of the receipts and prizes paid on each such day. Your organization shall also maintain a record of the name and address of each individual to whom a door prize, regular or special bingo game prize or Jackpot from the playing oi bingo is awarded, as ~ell as the amount of such award. The organization shall also maintain an itemized record of all receipts and disbursements, including operating costs and use of proceeds incurred in opera,grig bingo games. Your organization shall not place or permit to be placed any sign or signs advertising any bingo game on the premises or within one hundred (100) yards of the exterior o£ the premises where such bingo game is to be con- .duct.ed. 10. Records of all bingo and raffle receipts and disbursements shall be kept and shall be filed annually under oath with the County Internal Audit Department on a form furnished by that department. Your report shall b~ submitted to Internal Audit not later than the first day of November of each calendar year for ~hich · permit has been issued and you. r report shall be a matter of public record. Each report shall include a record of the gross receipts and disbursements of your organization for the year period ~hich commenced on Ch, first day of October of the previous year and ended September 30 of the current year. In addition, if your organization's gross receipts exceed $50,000 during any calendar quarter, you must file an additional accounting of all receipts and disb0rsements during such quarter no later than 60 days follo~ing the last day of such quarter. ANY ORGANIZATION VIOLATING THIS C05%)ITION SHALL HAVE ITS PERMIT AUTC"aWICALL¥ ~d~VOKED. No person shall pay or receive for use of any premises to conduct any bingo ga~es or raffles a su~ of money in excess of the current fair market!value of the premises and in no event shall such sum of ~oney be baaed upon or determined by a percentage of theiproceeds derived from the bingo games or raffles. Your organization shall not holdlbfngo games more frequently than t~o calendar days in any one calendar week unless a special permit is granted by the Board of Supervisors of Chesterfield County for more frequent games. 11. Your organization is authorized to play instant bingo as a part of the bingo E,mes; provided however, that: 12. 14. 16. 17. (a) (b) Instant bingo may be conducted only at such time as a regular bingo game, as defined in §18.2-3&0.1(2) of the Code of Virttnia, is in progress and only at such locations and at such times as are specified in the bingo permit application; Your organization shall not derive more than thirty-three and one'third percent (33 1/3%) of its gross receipts from the bingo game~ by the playing of "instant bingo" or "bingoi in any rotation"; Your organization shall maintain complete and accurate records of the date, quantity and card value of instant bingo supplies purchased as well as the name and address of the supplier of such instan= bingo supplies. Your organization shall also maintain a written invoice or receipt from a non-member of the organization verifying any information required by law; and (d) Your organization shall not sell an instant bingo card to an individual below sixteen years of age. In addition to the conditions contained in this Permit, your organization shall comply with all provisions of the Code of Virginia and the Code of the County of Chesterfield, 1978, as amended,! regarding Bingo Games and Raffles. The Board of Supervisors may deny, suspend or revoke the permit of your organization for any non-compliance with the conditions of the Code of the County of Chesterfield or the Code of Vir~iqia. Al%~f PERSON, SHAREHOLDER, AGENT, MEMBER OR EMPLOYEE OF YOUR ORGANIZATION VIOLATING ANY OF THESE CONDITIONS SHALL BE (~JILTY OF A MISDDF. ANOR AND UPON CONVICTION TKEREOF SMALL BE SUBJECT TO A FINE OF NOT MORE TMAN ONE THOUSAND DOIJJU~ OR TD COKFINq~{Eh'f IN T}~ COUNTY JAIL FOR NOT MORE THAN T~ELVE MONTHS OR BOTH. A VIOLATION OF C05~DITION 1 ABOVE SHALL BE PUNISHABLE BY IMPKISONMEh~f OF NOT LESS TH~N ONE YEAR, NOR MORE lq{AN FI%~ YEARS O_~R BY A FINE OF NOT THIS PEP. MIT MUST BE RENEW'ED AT TEE F_ND OF EACH CALEL~AR YEA~ BY TKE BOARD OF SL'PERVI$0R$. TMI$ PEP~MIT I$ VALID ONLY AT TKE LOCkTION PROVIDED ON THE PEP.MIT APPLICATION TO ~OLD BINGO GAMES AKD RAFFLES. THIS pERMIT OR A COPY T~EREOF MUST BE POSTED ON TH~ PREMISES ~RE BINGO GAMES OR RAFFLES ARE CONDUCTED. THIS PEP~IT IS NOT ASSIGNABLE. ° BOARD OF SLTERVISORS By Attest: COL%'TY ADMINISTFATOR CITY OF RICHMOND, VIRGINIA DEPAr,=~'MENT OF FINANCE FOR BINGO GAMES AND/OR RAFFLES PERMIT NUMBER BR- 17,-,~ 2, (NON-TRANSFEIIABI.E) PERIOD COVERED 1-1-92 VOID AFTElt ,, 1 2-RI -q?, 12-19-91 ADDRESS OFBINGO/RAFFLE 2qnn w RunAn SAT. 12:3OPM to T1ME AND DAYS OF GAMES sIm_ I :f)OpM rr, 5:00PM CENTI~AT, VA_ ~flllN{qTl. flli' TH~ lll. Tlirt ~ ' 6212 W. FRAN-EI, TN STREET. ia hereby authorized to conduct the above event~ uncler the pro., viaiona of Chapter 4, Art~e IV of the Richmond City Code as amend~cL The ism~anc~ of thi,~ 10ermit does not constitute an eh* dor~oment of the City of Richmond or by any of its deparlrnents, officers or employees of the purpose or organization involved in THIS PERMIT SHALL BE DISPLAYED ON THE PREMISES AT ALL TIMES SUCH BINGO OR RAFFLE IS IN OPERATION. CENTRAL VIRGINIA O F TH E B LIN D The American Council of the Blind, Inc. & Old Dominion Council of the Blind 6212 West Franklin Street Richmond, Virginia 23226 April 29, 1992 Dear Mrs. King: We are in Receipt of your letter and our returned application for a bingo license, and after reviewing your comments and talEing to you on the telephone, we are re-submitting it with documentation and with additional information about our organization. The Central Virginia Council Of The Blind is a local affiliate of the Old Dominion Coumcil Of The Blind, a state~ide organization, and the American Council Of The Blind, a national advocacy and public education organization· The Central Virginia Council was organized in 1983 and now serves all parts of Virginia except for the Tidewater and Northern Virginia areas, where there are comparable local chapters. CVCB undertook sponsorship of bingo games in Henrico Councy in 1987 and continued there until the activity became unprofitable in early 1991. Subsequently we were granted a license in Roanoke City on behalf of a sub-chapter which has now undertaken the sponsorship of bingo in that City. More recently we have been granted a license in Richmond Cityand still hold that status. We were considered qualified for the Roanoke and Richmond licenses since we are part of a national organi- zation and we hold a limense in another Virginia locality. While we do not meet in Chesterfield County, we include that area in our membership and hope that with the bingo activity and proceeds we can increase both membership and services to Chesterfield residents, as we have been able to do in Roanoke. We currently meet regularly in Henrico County at the Virginia Rehabilitation Center For The Blind, which has accessible facilities for our needs. As the enclosed documents attest, we are a federal non-profit entity, and we have bylaws and articles of incorporation which are also on file with the Virginia State Corporation Commission. We hope that with this information we will be approved as qualified, and be granted a license to sponsor bingo in Chesterfield County. Sincerely, · .ard, Bingo Coordinator 288-0395. CENTRAL VIRGINIA CHAPTER OLD DOMINION COUNCIL OF THE BLIND AND VISIJALLY IMPAIRED ADOPTED, NOVEMBER, 1983 REVISED, NOVEMBER, 1986, FEBRUARY, 1988, & NOVEMBER, 1990 ARTI(~LE 1; NAMI~. The name of this organization shall be the Central Virginia Chapter, Old Dominion Council of the Blind and Visually Impaired. The Central Virginia Chapter shall also be a member of The American Council of the Blind. The Central Virginia Chapter will be more commonly identified as the Central Virginia Council of the Blind (the Chapter). ARTICLE 2: PURPOSE The purpose of this organization shall be to promote tile educational, economic, cultural and social welfare of blind and visually impaired residents of tile Central Virginia area. In seeking to fulfill this purpose, tile Chapter shall also support the purposes and objectives of Tile Old Dominion Council of tile Blind and Visually Impaired. ARTICLE 3: MEMBERSIIIP Section 1 Any individual, blind or sighted, who is at least 18 years of age and who supports the purpose of the Chapter, Old Dominion Council of the Blind and Visually hnpaired and The American Council of the Blind shall be eligible for membership and shall be known as a participating member. Members shall have tile full rights and privileges of 'membership except that sighted members may be restricted from holding certain offices as set forth elsewhere in these Bylaws. At least fifty-one percent (51%) of the 'membership must be visually impaired, and at least fifty-one percent (51%) of the members must be residents of the Central Virginia area. Section 2. An individual under 18 years of age may join the Chapter, attend the meetings, participate in activities but may not vote, make motions or enjoy the rights and privileges of participating members. These individuals shall be known as youth members. ARTICLE 4: MEMBERSHIP FEES Section 1 :. (A) Annual membership fees shall be $10.00 for a participating member and shall entitle the person also to membership in Old Dominion Council of the Blind and Visually Impaired and The American Council of the Blind. Membership fees shall be due on January 1 of each year and shall entitle the individual to membership during that calendar year. (B) Annual membership fees shall be $2.00 for a youth member and shall entitle the person to membership in the Chapter. Membership fees shall be due on January 1 of each year and shall entitle the individual to membership during that calendar year. Section 2:. ' Anyone whose membership fees have not been paid by February 1 will be so notified in writing and, if the membership fee is not paid by March 1 of that year, the individual shall be dropped from membership in the Chapter. Section 3: Should a delinquent member of the Chapter desire to have membership status reinstated, a request must be submitted to the Board of Directors who will have the authority to reinstate membership upon full payment of the annual membership fee. 2 ARTICLE 5: OFFICERS. BOARD OF DIRECTORS AND TERMS OF~ .Section 1: The officers of the Chapter shall be President, Vice President, Secretary and Treasurer. Section 2:. In .addition to the officers, there shall be four Directors of the Chapter. Section 3:. The Board of Directors shall be comprised of the President, Vice President, Secretary, Treasurer, the Immediate Past President and four Directors. Section 4:. The President, Vice President and at least two Directors must be visually impaired. Section 5;. The President and Vice President of the Chapter shall be elected for one- year terms beginning ou January I of each year. Neither officer may serve more than two consecutive terms in any one office. Section 6 The Secretary and Treasurer shall be elected to two-year terms of office and the number of consecutive terms of office of the Secretary and Treasurer shall not be limited. Section 7.:. Directors shall be elected for two-year terms beginning on January 1. No Director may serve more than two consecutive terms. At the 1983 election, two Directors shall be elected for one-year terms beginning January 1, 1984, and two Directors shall be elected for two-year terms beginning January 1, 1984. At subsequent annual meetings, two Directors shall be elected each .year. for two-year terms of office. Section 8: Should a vacancy occur in the office of 'President, the Vice President shall succeed to the Presidency. Should a vacancy in any other office or on the Board of Directors occur, the remaining members of the Board of Directors shall select a member of the Chapter to serve until the next annual meeting of the Chapter. /kRTI(~LE 6: ELECTION pROCEDURI~ Section 1' Elections shall be held for each individual office and directorship starting with the President and proceeding through Vice President, and where appropriate, to Secretary, Treasurer and Directors. Nominations from the floor will be accepted for each office as the election takes place for that office. Section 2:~ Officers and Directors must be elected by a majority vote. Where more than two candidates compete for election, the candidate with the fewest votes is to be eliminated and another vote taken unless one candidate receives a majority of the votes on the first ballet. ~RTICLE 7: DUTIES OF TtIE OFFICERS AND BQARD QF DIRECTORS_ Section 1 :. The President shall preside at all meetings, shall appoint committees and shall otherwise carry out the duties of the office as prescribed in Robert!a Rules of Order, Revised.. Section 2;, The Vice President shall assume the responsibilities of the presidency in the absence of the President and shall perform such other duties as from time to time may be assigned by the President, the Board of Directors or the membership. 4 Section 3~ The Secretary shall record tile proceedings of all of the Chapter meetings and maintain a permanent record of the minutes of all meetings. The Secretary shall maintain an accurate and up-to-date roster of the members of the Chapter, shall submit an annual membership list to Old Dominion Council of the Blind and Visually .Impaired and The American Council of tile Blind as required by these organizations and shall certify the names of those eligible to vote at any annual meeting. The Secretary shall also carry out such other responsibilities as are normally attached to the office. Section 4..:. (A) The Treasurer shall receive, deposit and disburse all of the Chapter monies, maintain an accurate financial record of the Chapter's funds and establish a bank account in the name of the Chapter. The bank account shall require two of the following three signatures in order to dispense or remove fUnds: President, Vice President, Treasurer. The Treasurer shall also carry out such other responsibilities as are normally attached to the office. (B) The Treasurer shall not disburse any funds exceeding fifty dollars ($50.00) without prior approval of the Board or the membership in session. (C) There shall be an annual audit. Section 5:. The Board of Directors shall be charged with the responsibility of conducting the Chapter business within the framework of the Bylaws and between membership meetings. The Board of Directors shall report its activities to the membership at each membership meeting. 5 P, RTICI,E 8: MEETINGS Section 1 :. There shall be regular monthly meetings January through May and September through December. The November meeting shall be the annual meeting and the election of officers and Directors shall take place at this meeting. Proposed changes in the Bylaws shall also be acted upon at this annual meeting. The December meeting shall be a social meeting. .Secti on._q.~2' Special meetings of the Chapter may be called by the President, by request of the Board of Directors or by the written request of at least ten members of the Chapter. At least one-week's written notice to all ~nembers will be required when special ~neetings are called. Section 3: The number of members present shall constitute a quorum for the conduct of businesi at any meeting of the Chapter. /~RTICI~E 9: COMMITTEES AND THEIR DUTIES Section 1 ~ The President shall appoint a nominating committee made up of at least three of the Chapter members no later than the May meeting of each year. It shall be the responsibility of the Nominating Committee to select nominees for those Offices and Directorships which are up for election that year. The Nominating Committee slate shall be announced at the September meeting and shall also be circulated to all members of the Chapter along with the notices of the annual meetiug. Section 2: The President may appoint such other committees as he may deem appropriate for the conduct of tile Chapter business. Tile President shall 6 also appoint such other committees as may be required of him by the membership at any meeting of the Chapter. ARTICI,E 10: AMENDMENTS These Bylaws may be amended at any annual meeting of the Chapter by a majority vote of those present and voting. Proposed a~nendments are to be submitted to the Bylaws Committee, if one has been established prior to the September meeting of the Chapter. Otherwise, proposed a~nendments are to be submitted at the September meeting of the Chapter and are to be circulated in writing to all members along with the notice of the annual meeting. Proposed amendments may be submitted on the floor of annual meetings provided permission is granted by at least two-thirds of the members present and voting. Once such an amendment has been approved for presentation on the floor, it may be adopted by a majority vote of those present and voting. ARTICI~E 11; CONDUCT OF BUSINESS Business at all meetings of the Chapter shall be conducted in accordance with Robert's Rules of Order, Revised unless these Bylaws specifically provide otherwise. ' ARTICLES OF RESTATEMENT ARTICLES OF INCORPORATION OF CENTRAL VIRGINIA COUNCIL OF THE BLIND (THE #CORPORATION=) The Corporation, as authorized by its Board of Directors, hereby executes the following articles and sets forth: ARTICLE ONE NAME The name of the Corporation is Central Virginia Council of the Biind. ARTICLE TWO MEMBERSHIP The Corporation shall have one class of members referred to as participating members. Any individual, blind or sighted, who is at least 18 (eighteen) years of age and who supports the purposes of the Corporation, the Old Dominion Council of the Blind and Visually Impaired, and the American Council of the Blind, shall be eligible to become a participating member. ARTICLE THREE PURPOSES The Corporation is organized exclusively for charitable purposes and shall operate solely as a not-for-profit charitable organization. The Corporation shall devote its entire efforts to defending and promoting, through exclusively charitable means, the rights and opportunities available to those individuals who -1- are blind or visually impaired. No substantial part of the Corporation's activities shall consist of carrying on propaganda or otherwise attempting to influence legislation. The Corporation shall not participate in any political campaign on behalf of any candidate for public office. ARTICLE FOUR CORPORATION,S ASSETS The Corporation's assets shall be dedicated solely to exempt purposes. No part of the Corporation's assets or earnings shall inure to the benefit of, or be distributed to, its members, directors, officers, or other individuals; however, the Corporation shall be authorized to pay reasonable compensation for services rendered and to otherwise make payments or distributions in furtherance of the Corporation's charitable purposes. Upon the dissolution of the Corporation, the Corporation's remaining assets shall be distributed to any organization or organizations exempt under Section 501(c) (3) of the Internal Revenue Code, as amended, as shall be selected by the Corporation at such time. ARTICLE FIVE DIRECTORS The names and addresses of the Corporation's directors are as follows: NAME Roy Ward Glenwood Floyd Ed S. Phillips ADDRESS 6212 West Franklin Street Richmond, VA 23226 5920 Queenthorpe Court, Apt. 201 Richmond, VA 23227 3436 Stuart Avenue Richmond, VA 23221 -2- Helen Dunivan Marshall Jordan A1 Smith, Jr. John Fiorino Mamie King 303 N. Daisy Avenue Highland Springs, VA 23075 3962 Fauquier Avenue Richmond, Virginia 23227 1204 Hollins Road Richmond, Virginia 23229 399 Azalea Avenue Richmond, VA 23227 3606 Chamberlayne Avenue, Apt. 6 Richmond, VA 23227 Executed in the name of the Corporation by its President and Secretary this day of ~ 1988. Attest: By: Secretary -3- CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE: July 22, 1992 $¥BJECT: APPOINTMENT Commission on Housing Panel) COUNTY ADMINISTRATOR'S COMMENTS: Soils ITEM .NUMBER: ADDITION 8.G. and Foundations (Chesterfield SUMMARY OF INFORMATION Theodore L. Chandler, Esquire, representing the Chesterfield Business Council, on the Commission on Soils and Foundations has resigned from the Commission. The Business Council has requested that Robert L. Dolbeare, Esquire of Christian, Markham & Dolbeare, 700 Building, Suite 1300, 700 East Main Street, Richmond, Virginia, 23219, be nominated to fill the vacancy. Staff recommends the Board accept the resignation of Mr. Chandler and, if desired, the Board should suspend its rules to simultaneously nominate/appoint Mr. Dolbeare at this time. Term would be effective immediately and at the pleasure of the Board. (See attached.) PREPARED BY: ATTACHMENTS: YES · NO [] SIGNATURE: ~MI NI STRATOR July 16, 1992 Mr. Lane B. Ramsey County Administrator Post Office Box 40 Chesterfield, Virginia 23832 Re: Chesterfield's Commission on Soils and Foundations -- CBC Representative Dear Lane: I regret to inform you that Ted Chandler, the CBC's representative to this Commission, has advised me of his decision to withdraw from the Commission for the reasons stated in his letter to me dated July 13, 1992, a copy of which is enclosed. I fully agree with Ted's decision under the circumstances and have accepted his resignation as the CBC's representative to the Commission. Fortunately, Bob Dolbeare has agreed to represent the CBC. As you know, Bob is a respected lawyer in Chesterfield with expertise in matters of construction and dirt law. Bob is quite responsible and level-headed, and I believe he will bring good balance and judgment to the Commission. Therefore, I hope the County will accept Bob Dolbeare as the CBC's new representative to the Commission. I would appreciate your confirmation of this at your convenience. Bob can be reached at the following address and telephone number: Robert L. Dolbeare, Esquire Christian, Markham & Dolbeare 700 Building, Suite 1300 700 East Main Street Richmond, Virginia 23219 780-2900 Thank you for your consideration of this matter. Immediate Past Chairman 201 East Franklin Street · EO. Box 12324 · Richmond, Virginia 23241 · (804) 783-9315 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGE NDA MEETING DATE: July 22, 1992 ITEM NUMBER: SUBJECT: Appointment of Clerk and Deputy Clerk to the Board of Supervisors COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION At its meeting on February 12, 1992, the Board appointed Mrs. Theresa M. Pitts as Interim Clerk and Mrs. Joy Beavers as Interim Deputy Clerk to the Board of Supervisors. It is recommended the Board appoint Mrs. Pitts as Clerk to the Board of Supervisors. Mrs. Joy Beavers is recommended to be appointed DePuty Clerk for signature purposes in the absence of the County Clerk. The Clerk's and Deputy Clerk's salary and benefits will be determined through the County's personnel practices. ATTACHMENTS: YES r'l NO ~ SIGNATURE: COUNTY ADM I N! STRATOR BOS-9891 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AG E NDA MEETING DATE: July 22, 1992 EXECUTIVE SESSION ITEM NUMBER: Purchase of Castlewood Historic House from the Resolution Trust Corporation COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION Staff recommends that the Board of Supervisors authorize the County Administrator to negotiate and approve a purchase contract to acquire Castlewood at a price not to exceed $315,000. Last year the Resolution Trust Corporation ("RTC") acquired the assets of Heritage Savings Bank including the Castlewood property located on Iron Bridge Road. RTC has since sold the assets of Heritage to Crestar Bank with the exception of certain properties including Castlewood. RTC has contracted the liquidation of Castlewood to Independence One/Graimark a professional asset management firm. Independence One has advised the County that it has an opportunity to acquire Castlewood first because of its Virginia historical landmark status. The asking price for the home and the 5.88 acre property is $315,000. The County's current assessment is $567,400. Castlewood was built on property granted to Henry Winfree in 1754. Castlewood was built by Parke Poindexter, Clerk to the Chesterfield County Court, between 1817-1819. The property has a long and distinguished history and is one of the finest Federal period houses in the County. ATTACHMENTS: YES 1:9~' NO [] Bradford S. Hammer Deputy County Administrator for Management Services SIGNATURE: COUNTY ADM I N I STRATOR BOS-9891 July 22, 1992 Page 2 Agenda - Purchase of Castlewood Historic House from the Resolution Trust Corporation Castlewood's last owner, Heritage Savings Bank, received a conditional use zoning which restricted both outside and indoor uses of the property. Staff has inspected the property and have found it in good condition. The property needs immediate interior and exterior painting. The parking lots will need to be resurfaced and reshoring work need to be done on the south chimney. Castlewood is located at a strategic intersection (Krause and Iron Bridge Roads) which could be costly to the County if it is left in private ownership. The area plan calls for a cul-de-sac at the end of Krause Road. Such a road termination would require a substantial right-of-way settlement if Castlewood was a commercial property. The acquisition cost of this road frontage could be as high as $100,000. Staff recommends acquiring Castlewood and using it for either the offices of a County department or the offices of the Credit Union. The Credit Union can make lease payments to offset the acquisition costs if they decide to lease the property. The source of funds shall be the General Fund Capital Reserve. If the property is leased, payments can be remitted back to the reserve account. BSH.ajc.agendal7 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE: $UBdECT: July 22, 1992 ITEM NUMBER: ,, ....... DEFERRED APPOINTMENTS Health Center Commission Transition Committee COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: At its meeting on June 24, 1992, the Board nominated the following persons to serve on the Health Center Commission Transition Committee: Mr. Robert Kaplanv/ Mr. Dominic Puleo ~/ Mr. Wayne Edmunds Dr. Edward peple, Jr. s.~Ickze!-~orthin~t~ Beverley DowDeyk/ In addition, one nomination to serve on the Committee was deferred from the Board meeting on June 24, 1992. Since that time, Dr. Edward C. Peple, Jr. and Mr. Michael Worthington have advised they will be unable to serve on the Committee. ATTACHMENTS: YES 121 NO · PREPARED B Rc~bert/L. ~asd-en~- Deputy County Administrator SIGNATURE: COUNTY ADM I NI STRATOR 00 2 2 8/,'- 8OS-9891 RECOMMENDATION: 1. Formal appointment should be made at this time of the following persons to serve on the Health Center Commission Transition Committee: Mr. Robert Kaplan Mr. Dominic Puleo Mr. Wayne Edmunds Ms. Beverley DowDey 2. The Board should withdraw the names of Dr. Edward C. Peple, Jr. and Mr. Michael Worthington from nomination. 3. The Board should nominate three additional persons to serve on the Committee. 00 229 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGE NDA MEETING DATE: SUBJECT: July 22, 1992 ITEM NUMBER: DEFERRED APPOINTMENTS Citizens Transportation Advisory Committee COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION Nominations for two alternate appointments for the citizens Transportation Advisory Committee were deferred from the June 24, 1992 meeting. Terms would be effective July 1, 1992 and would expire June 30, 1994. Under the existing Rules of Procedure, appointments to boards and committees are nominated at one meeting and appointed at the subSequent meeting unless rules are suspended by a unanimous vote of the Board. Nominees are voted on in the order in which they are nominated. ATTACHMENTS: YES El NO · PREPARED BY: Theresa ~.. Pitts, Acting Clerk to the Board of Supervisors SIGNATURE: COUNTY ADMINISTRATOR O0 230 y BOS-9891 CHESTERFI ELD COUNTY BOARD OF SUPERVISORS AGENDA REPORTS MEETING bATE REPORT ON: July 22, 1992 Developer Water and Sewer Contracts 11 .A. BACKGROUND: The Board of Supervisors has authorized the County Administrator to execute water and/or sewer contracts between the County and the Developer in which no County funds are involved. The report is submitted to the Board members so they will be aware of development utilizing public water and/or sewer within their districts. SUMMARY OF INFORMATION: The following water and sewer contracts were executed by the County Administrator: Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 89-0041 Meadow Oaks, Section D Meadow Oaks Development Corporation Castle Equipment Corporation Water - $16,575.00 Sewer - $36,471.98 Dale ATTACHMENTS: YES · PREPARED BY: NO [] Assistant Director of Utilities SIGNATURE: COUNTY ADMINISTRATOR oo Agenda Item July 22, 1992 Page 2 Se Contract Number: Project Name: Developer: Contractor: Contract Amount: District: Contract Number: Project Name: Developer: Contractor: Contract Amount: District: Contract Number: Project Name: Developer: Contractor: Contract Amount: District: Contract Number: Project Name: Developer: Contractor: Contract Amount: District: Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 89-0864 Meadow Oaks, Section E Meadow Oaks Development Corporation Browning Construction Company Water - $14,444.25 Sewer - $19,289.95 Dale 90-0341 Salisbury-Michaux, Section C, Phase I Salisbury Corporation Lyttle Utilities Water - $21,856.50 Sewer - $66,512.20 Midlothian 91-0076 Exbury, Section 3 BHM Development Corporation Browning Construction Company Water - $34,654.00 Sewer - $75,539.00 Clover Hill 91-0192 Roylen Wood and Resubo of Lot 8, Rosemont - Section A J. Mark Sowers White Contracting Company Water - $ 3,875.00 Midlothian 91-0209 Jacobs Glenn, Section B J. G. Developers, Inc. Bookman Construction Company Water - $14,170.00 Sewer - $22,887.00 Dale O0 232 Agenda Item July 22, 1992 Page 3 o Contract Number: Project Name: Developer: Contractor: Contract Amount: District: Contract Number: Project Name: Developer: Contractor: Contract Amount: District: Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 91-0216 McDonald's - East Hundred Road @ Kingston Avenue McDonald's Corporation Piedmont Construction Company, Inc. Water - $8,350.00 Bermuda 91-0238 Cabin Creek West J. G. Developers, Inc. Bookman Construction Company Water - $56,975.00 Sewer - $82,453.00 Dale 91-0263 Chester Run, Section A Wesley F. and Doris F. Burton Brians Water Tap Service Water - $35,908.00 Sewer - $65,453.47 Bermuda O0 CHESTERFI ELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE: July 22 ~ 1992 ll.B. REPORT ON: Status of General Fund Balance, Reserve for Future Capital Projects, District Road and Street Light Funds, Lease Purchases ATTACHMEN]~S: YES I NO [] Board Meeting Date 07/01/92 CHESTERFIELD COUNTY GENERAL FUND BAIJtNCE July 1, 1992 Description FY93 Budgeted Beginning Fund Balance * Amount Balance $14,300,000 * This figure is unaudited. When the audit figure is available, the fund balance figure will be adjusted. gfbal Page 1 of 2 Board Meeting Date 11/22/89 12/13/89 CHESTERFIELD COUNTY RESERVE FOR FUTURE CAPIT~nL PROJECTS TRADITIONALT~ FUNDED BY DEBT July 1, 1992 Description FY89 Excess revenue FY90 Budgeted addition Designation from June 30, 1989 Fund Balance Purchase of land-Cogbill Road Purchase building at 6701 West Krause Road 06/30/90 Budgeted addition of excess revenue 06/13/90 Purchase medical building for future library site 06/27/90 Funds to purchas~ land for park on Lake Chesdin 06/27/90 Budgeted but not appropriated funds to purchase land for school and park sites FOR FISCAL YEAR '91 BEGINNING JULY 1, 1990 12/12/90 Fill dirt for cover repair ,at Fort Darling Landfill 06/30/91 Budgeted addition from FY91 revenues 03/13/91 Designated but not appropriated funds to cover construction contract for MH/M_R/SA building if bonds are not sold in fall, 1991 FOR FISCAL YEAR '92 BEGINNING JULY 1, 1997 07/01/91 Regional Jail Authority as approved in the FY92 Adopted Budget (which will be reim- bursed) Amount $2,119,900 1,881,500 1,500,000 ( 630,000) Balance $2,119,900 4,001,400 5,501,400 4,871,400 ( 400,000) 4,471,400 2,100,000 ( 735,000) (600,000) (2,000,000) 6,571,400 5,836,400 5,236,400 3,236,400 ( 180,000) 3,056,400 4,000,000 (1,806,800) (1,000,000) 7,056,400 5,249,600 4,249,600 O0 236 Page 2 of 2 08/28/91 Provide funding for improve- ments at Northern Area Landfill to allow reallocation of General Fund dollars to recycling programs 08/28/91 Additional funding for Bon Air Library expansion 08/28/91 Add back MH/MR building funds which were previously deducted for construction 11/27/91 Appropriated funds for T.V. arraignment equipment but holding in reserve account until prices and all costs are confirmed 03/27/92 Add back funds previously deducted to purchase land for school and park sites 03/27/92 Funds deSignated for interest costs in FY94 due to acceler- ated 1988 school bond issue 04/08/92 Designated but'not appropriated fUnds for Centre Pointe Fire Station construction in FY95 FOR FISCAL YEAR '93 BEGINNING JULY 1, 1992 ( 3.15,000) 3,934,600 04/08/92 04/08/92 04/08/92 04/08/92 05/13/92 rfcip FY93 budgeted addition FY93 Capital Projects (revenue sharing roads $500,000; indus- ,trial access $300,000; drainage $200,000) Funds to convert Meadowdale Boulevard building into Hopkins Road Library Funds to construct lights along portions of Jefferson Davis Hwy ( Funding for emergency access f~r Millside subdivision contingent upon necessary right-of-way acquisition ( 275,500) 3,659,100 1,806,800 5,465,900 ( 115,000) 5,350,900 2,000,000 (1,400,000) (2,314,800) 2,600,000 (1,000,000) (1,386,500) 500,000) ( 80,000) 7,350,900 5,950,900 3,636,100 6,236,100 5,236,100 3,849,600 3,349,600 3,269,600 O0 237 c < ~oo- · ~. ,'-~ z §~ I'- o co Prepared by Accounting Department June 30, 1992 SCHEDULE OF CAPITALIZED LEASE PURCHASES Date Began Description Original Date Amount Ends Outstanding Balance 6/30/92 12/83 ?/87 lo/87 6/88 lO/88 12/88 APPROVED AND EXECUTED Copiers $ 30,500 8/92 School Telecommunications Equipment 239,046 Jail Addition 245,385 Data Processing 1,839,219 Human Services 4,489,377 Courts Building 16,796,019 Total 23,370,000 800 MHz Equip. Rescue Squads 85,000 800 MHz Equip.-Sheriff 140,000 Fire Pumpers 264,000 Fire Station Apparatus and Furnishings 1,428,000 A T & T Phone Equip. 946,400 Filing System-Treasurer 40,000 Unallocated 83,600 Total 2,987,000 School Copier ~ 7/92 12/Ol 6/93 21,600 9/93 2,034 4,804 185,062 1,387,088 3,385,762 12,667,088 17,625,000 19,251 31,561 59,645 168,495 207,018 6,108 0 492,078 6,928 Airport State Police Hangar Additions 128,800 102,143 County Warehouse 331,200 12/00 262,653 Total 460,000 364,796 O0 239' Date Began Descriptions Original Amount Date Ends Outstanding Balance 6/30/92 3/89 8/89 12/89 10/90 Geographic Information System ("GIS") Automated Mapping System Data Processing Equipment Data Processing Equipment Mental Health, Mental Retardation and Substance Abuse Computer Equipment TOTAL APPROVED AND EXECUTED $ 3,095,000 183,430 2,015,570 96,500 $32,498,646 1/98 8/92 1/95 7/93 $ 2,650,000 5,688 991,827 50,161 $22,193,316 PENDING APPROVAL AND/OR EXECUTION None c:caplease.doc O0 24O CHESTERFI ELD COUNTY BOARD OF SUPERVISORS AGENDA REPORTS MEETING DA/E:., July 22, 1992 ll.C. REPORT ON: Roads Accepted into the State Secondary System ATTACHMENTS: YES aa NO [] SIGNATURE: COUNTY ADMI NISTRATOR 00 241 RAY D. PETHTEL COMMISSIONER COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND, 23219 June 23, 1992 Secondary System Additions Chesterfield County Board of Supervisors County of Chesterfield P. O. Box 40 Chesterfield, VA 23832 MEMBERS OF THE BOARD: As requested in your resolution dated June 12, 1991, the following additions to the Secondary System of Chesterfield County are hereby approved, effective June 9, 1992. ADDITIONS LENGTH ASHBROOK, SECTION TWO Route 4201 (Broadreach Drive) - From 0.13 mile Southwest Route 4200 to Route 4203 (Offshore Drive) 0.10 Mi Route 4203 (Offshore Drive) - From 0.11 mile South Route 4206 to Route 4201 0.08 Mi Route 4207 (Breaker Point Lane) - From Route 4203 to Route 4208 (Breaker Point Court) 0.03 Mi Route 4208 (Breaker Point Court) - From 0.08 mile North Route 4207 to 0.10 mile Southwest Route 4207 0.18 Mi ~ncerely, , Ray D. Pethtel Commissioner TRANSPORTATION FOR THE 21 ST CENTURY O0 242 RAY D. PETHTEL COMMISSIONER COMMONWEALTH of DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND, 23219 June 23, 1992 Secondary System Additions Chesterfield County Board of Supervisors County of Chesterfield P. O. Box 40 Chesterfield, VA 23832 MEMBERS OF THE BOARD: As requested in your resolution dated April 8, 1992, the following additions to the Secondary System of Chesterfield County are hereby approved, effective June 16, 1992. ADDITIONS BUFORD OAKS - SECTION A Route 877 (Buford Oaks Drive) From Route 678 to Route 3421 Route 3420 (Buford Oaks Lane) - From Route 877 to 0..08 mile South Route 877 Route 3421 (Buford Oaks Circle) South Route 877 From Route 877 to 0.04 mile LENGTH 0.16 Mi 0.08 Mi 0.04 Mi Sincerely, Commissioner RAY D. PETHTEL COMMISSIONER COMMONWEALTH of VIRGIN2[A DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND, 23219 June 23, 1992 Secondary System Additions Chesterfield County Board of Supervisors County of Chesterfield P. O. Box 40 Chesterfield, VA 23832 MEMBERS OF THE BOARD: As requested in your resolution dated March 11, 1992, the following additions to the Secondary System of Chesterfield County are hereby approved, effective June 16, 1992. ADDITIONS LENGTH DEER RUN - SECTION 5 Route 4708 (Spotted Coat Lane) From Route 4713 to Route 4709 0.04 Mi Route 4709 (Spotted Coat Court) to 0.08 mile East Route 4708 From 0.07 mile West Route 4708 0.15 Mi Route 4744 (Key Deer Drive) - From 0.02 mile Southwest Route 4743 to 0.15 mile Southwest Route 4743 0.13 Mi Route 4745 (Key Deer Circle) - From 0.11 mile Southwest Route 4744- East to Route 4744-West 0.11 Mi Sincerely, Pethtel Commissioner TRANSPORTATION FOR THE 21 ST CENTURY 00 RAY D. PETHTEL COMMISSIONER COMMONWEALTH of VIR INIA DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND, 23219 June 26, 1992 Secondary System Additions Chesterfield County Board of Supervisors County of Chesterfield P. O. Box 40 Chesterfield, VA 23832 MEMBERS OF THE BOARD: As requested in your resolutions dated January 8, 1992, the following additions to the Secondary System of Chesterfield County are hereby approved, effective June 16, 1992. ADDITIONS LENGTH WINDY RIDGE, PHASE ONE Route 4615 (Windy Ridge Road) From Route 4337 to 0.04 mile Northwest Route 4616 (Windy Ridge Drive) 0.09 Mi Route 4616 (Windy Ridge Drive) Northeast Route 4616 From Route 4615 to 0.23 mile 0.23 Mi Route 4617 (Windy Ridge Terrace) Southwest Route 4616 From Route 4616 to 0.04 mile 0.04 Mi WINDY RIDGE, PHASE TWO Route 4615 (Windy Ridge Road) - From 0.04 mile Northwest Route 4616 to 0.20 mile Northwest Route 4616 0.20 Mi Route 4617 (Windy Ridge Terrace) - From 0.04 mile Southwest Route 4616 to Route 4615 0.13 Mi Route 4618 (Windy Ridge Court) Northeast Route 4615 From Route 4615 to 0.04 mile 0.04 Mi Sincerely, R~.D. Pethtei q~mmissioner O0 248 TRANSPORTATION FOR THE 21 ST CENTURY RAY D. PETHTEL COMMISSIONER COMMONWEALTH of V2[R( INIA DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND, 232'19 June 26, 1992 Secondary System Addition Chesterfield County Board of Supervisors County of Chesterfield P. O. Box 40 Chesterfield, VA 23832 MEMBERS OF THE BOARD: As requested in your resolution dated March 11, 1992, the following addition to the Secondary System of Chesterfield County is hereby approved, effective June 19, 1992. ADDITION LENGTH WALTON LAKE Route 3501 (Walton Bluff Parkway) From Route 1385 to 0.08 mile Northeast Route 5150 0.58 Mi Sincerely, Ray D. Pethtel Commissioner TRANSPORTATION FOR THE 21 ST CENTURY 00 246