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2012-03-07 Packet
CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 - - AGENDA INB Meeting Date: March 7, 2012 Item Number: 2.A. Subject: County Administrator's Report County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: The County Administrator will update the Board on the progress of various projects as requested by the Board of Supervisors. Preparers Louis G. Lassiter Attachments: ^ Yes Title: Assistant County Administrator ^ No #000001 County Administrator's Top 40's List I. Critical Proiects/Activities 1. Airport Entrance Improvements 2. ARWA Reservoir Project 3. Community Risk Analysis/Emergency Service Coverage 4. Countywide Comprehensive Plan/Public Facilities Plan 5. Eastern Midlothian Re-development - Chippenham Square - Spring Rock - Stonebridge (future phases) - Streetscaping (future phases) 6. GRTC Service 7. Irrigation Policies/Demand Management for Water Use 8. Jefferson Davis Streetscape Project - (next phase) 9. Recycling Committee Recommendations 10. Private Sewer Treatment Facility 11. Sports Quest 12. Total Maximum Daily Load (TMDL) Presentation to Board 13. Ukrops Kicker Complex/GRAP Swimming Pool -Stratton Property -Pool opening March, 2012 14. Utilities Policies and Managed Growth II. Ongoing Proiects/Activities 1. 2011 Legislative Program -adopted 11/30/2011 2. Airport Master Plan 3. Animal Welfare Issues 4. Capital Improvement Program 5. Capital Regional Collaborative Focus Group 6. Cash Proffers 7. Chesterfield Avenue Enhancements Future Phases 8. Citizen Budget Advisory Committee 9. Efficiency Studies -Countywide 10. Federal Stimulus Package - Energy Block Grant - Economic Development - Police Department 11. Financial/Budget Issues 12. Five Story/Three Story Building Renovations 13. Fort Lee Expansion 14. Joint Meetings of Board of Supervisors/School Board 15. Magnolia Green CDA 16. RMA Work Group 17. RRPDC -Large Jurisdiction Committee 18. RRPDC -Transportation Strategies Work Group (work on hold) 1 000002 Updated 2/13/2012 County Administrator's Top 40's List III. 19. Sports Tourism Plan Implementation 20. UASI (Regional) Comuleted Proiects/Activities 1. Board's Appointments Process - 8/2008 2. Bow Hunting Restrictions - 2/24/2010 3. Business Climate Survey - 7/2008 4. Business Climate Survey - 4/2010 5. Business Fee Holiday (Extension) - 9/2010 6. CBLAB Discussions -12/2009 7. Census 2010/Redistricting - 6/2011 8. Chesterfield Avenue Enhancements Phase 1 - 5/2011 9. Citizen GIS - 5/2010 10. Citizen Satisfaction Survey -12/2008 11. Citizen Satisfaction Survey - 12/2010 12. COPS Grants 13. DCR Erosion & Sediment Control Program - 3/11 /11 14. Eastern Midlothian Re-development - Stonebridge (Phase 1) -Groundbreaking 10/25/11 - Streetscaping (Phase 1) - 12/2011 15. Efficiency Studies -Fire Department and Fleet Management - 6/2008 16. Efficiency Study -Quality/Chesterfield University Consolidation - 7/2009 17. Electronic Message Centers - 9/2011 18. Electronic Signs -1/2010 19. Board's Emergency Notification Process 20. Employee Health Benefits -Contract Rebid - 8/2011 21. Financial/Budget Issues - Adoption of 2011 Budget - 4/2011 - Adoption of County CIP - 4/2011 - Adoption of School CIP - 4/2011 - Bond Issue/Refinancing - AAA Ratings Retained 22. 457 Deferred Comp Plan (Approved) 23. Hydrilla Issue 24. Hosting of Hopewell Website 25. Impact Fees for Roads - 9/2008 26. In Focus Implementation - Phase I - 8/2008 27. In-Focus Implementation -Phase II (Payroll/HR) -12/2009 28. Insurance Service Upgrade (ISO) for Fire Department - 9/2009 29. Jefferson Davis Streetscape Project - S/2010 30. Leadership Exchange Visits with City of Richmond 31. 2011 Legislative Program - 3/2011 32. Low Impact Development Standards 33. Mass Grading Ordinance (canceled) 34. Meadowdale Library -11/2008 35. Meadowville Interchange -Ribbon Cutting 12/15/2011 000003. 2 Updated 2/13/2012 County Administrator's Top 4O's List 36. Midlothian Turnpike/Courthouse Road Streetscape Improvements (Towne Center) 37. Minor League Baseball (new team) - 2/2010 38. Multi-Cultural Commission (Quarterly Reports due to Board) -11/2008 39. Planning Fee Structure (General Increases) - 6/2009 40. Planning Fee Structure (Reductions for In-Home Businesses) -1/2009 41. Planning Fees (Holiday for Commercial Projects) - 8/2009 42. Police Chase Policy (Regional) - S/2010 43. Postal Zip Codes -Changes approved 4/2011, LISPS date of implementation 6/2011 44. Potential Legislation -Impact Fees/Cash Proffers -1/2009 45. Property Maintenance -Proactive Zoning Code Enforcement (countywide) - 2/2009 46. Property Maintenance -Rental Inspection Program 47. Public Safety Pay Plans Implemented (Phase I) - 9/2008 48. Redistricting 2011 Calendar/Process Report 49. Regional Workforce Investment Initiative 50. Results of Operations -11/19/2010 and 11/2011 51. Sign Ordinance 52. Southwest Corridor Water Line - Phase I - 7/2008 53. Sports Tourism Plan -1/2010 54. Sports Tourism Program with Metropolitan Richmond Sports Backers - 8/2009 55. Streetlight Policy -12/1/1 D 56. Ukrops Kicker Complex -soccer fields -Opened 8/2009 57. Upper Swift Creek Plan (Adopted) - 6/2008 58. Upper Swift Creek Water Quality Ordinances 59. VDOT Subdivision Street Acceptance Requirements - 7/2009 60. VRS Benefits for New Employees - 7/2010 61. Walk Through Building Permit Process -10/2009 62. Water Issues/Restrictions 63. Website Redesign - 6/2009 64. Wind Energy Systems - 3/10/2010 65. Wireless Internet Access in County Facilities - 9/2008 66. Watkins Centre 67. Woolridge Road Reservoir Crossing Project - S/2010 000004 3 Updated 2/13/2012 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 -- AGENDA INB Meeting Date: March 7, 2012 Item Number: 6.A. Subject: Work Session on the County Administrator's Proposed FY2013 Budget County Administrator's Comments: County Administrator: Board Action Requested: Hold a work session on the County Administrator's Proposed FY2013 Budget Summary of Information: This time has been set to continue work sessions on the County Administrator's Proposed FY2013 Budget. This work session will include presentations by Human Services and Community Development. Budget work sessions will continue on March 14th. A final work session is scheduled for March 28th. At the March 28th work session, changes to the proposed budget will be reviewed prior to adoption. Preparers Allan M. Carmody Title: Director, Budget and Management Attachments: ^ Yes ^ No ooooos ti• N i a 0 s .~ ca V .N A ._ 3 O V O b~A .~ O W • • • H i ~~~ i ~+ • 000007 ooooo~ GJ V N 1 •~ ~i ,V 2 .~ 0 • O V L V .~ V • 4A i O Q OC N ~+ L ~ 3 v _~ ~ ~ 0 ~ L D Q V • • O~ ~ t ~ N N ~+ .~ • L a ~ O ~ O •- ~ ._ a-+ ~ ~ u ~ ~ ~ 3 L ~ V V W s ~-+ d1 .~ ~i V .. ~T .V N 3 --~ i f~ H- .O ~+ L V a~ .O ~ ~ ~ V 3 ~ ~ V W C O U GJ o~ N Y a ._ .~ ca v CJ •~ Q ~L H L ~ c ,o X ~ J W t/1 .~ a s ~+ 0 ~~ ~ 0 ~~ 000011 ®ooo~z N 00 O O ~. 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'~R,~~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: March 7, 2012 Item Number: s.A.1. Su. bject: Appointment of Members to the Chesterfield County Multicultural Advisory Commission County Administrator's Comments: County Administrator: u Consider appointment of members to the Chesterfield County Multicultural Advisory Commission. Summary of Information: At the January 23, 2008 Board of Supervisors meeting, an at large Multi-Cultural Advisory Commission was created. This Commission is to advise the Board of Supervisors and the County Administrator on issues related to the diverse cultural communities that comprise Chesterfield County. The Commission hosted the first World Cafe on August 18, 2011 and provided an annual report to the Board on December 15, 2011. Staff will evaluate recommendations from this report and respond to the Commission and the Board. The Chesterfield Multicultural Advisory Commission has four vacancies on the twelve member commission. The request is for the Board of Supervisors to fill those vacancies effective March 7, 2012 until December 31, 2012. The County recently received 14 applications from persons interested in serving on the Multicultural Advisory Commission for the current vacancies. The Commission, at its February 9, 2012 meeting recommended that the following four Chesterfield County residents be appointed to the Chesterfield County Multicultural Advisory Commission: Mr. Victor Branch, Mr. Minesh Patel, Mr. Millard D. Stith, and Mr. Ben A. Romer. At the February 22, 2012 meeting, the Board of Supervisors nominated these four individuals for appointment to Multicultural Advisory Commission. Preparers Kimberly D. Conley Title: Special Assistant for Board and Community Affairs Attachments: Yes ^ NO # 000081 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Under the existing Rules of Procedure, appointments to boards and committees are nominated at one meeting and appointed at the subsequent meeting, unless the Rules of Procedure are suspended by a unanimous vote of the Board members present. Nominees are voted on in the order in which they are nominated. ~0~~~2 ~~ k~ @r ;~; ~7~ +. ~ = Z CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meetin Date: March 7, 2012 Item Number: s.6. Subject: Streetlight Cost Approvals County Administrator's Comments: County Administrator: a This item requests Board approval of streetlight installations in the Bermuda and Matoaca Districts. Summary of Information: Requests for streetlights, from individual citizens or civic groups, are received in the Department of Environmental Engineering. Staff requests cost quotations from Dominion Virginia Power for each request received. When the quotations are 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 and 2. A petition is required which must be signed by 750 of the residents within 200 feet of the proposed light and shall include a majority of the homeowners living at the proposed locations. CONTINUED NEXT PAGE Preparers Richard M. McElfish Title: Director Environmental Engineering Attachments: ^ Yes ~ NO # 000083 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Summary of Information: (Continued) Cost quotations from Dominion Virginia Power are valid for a period of 60 days. The Board, upon presentation of the cost quotation, may approve, defer, or deny the expenditure of funds from available District Improvement Funds for the streetlight installation. If the expenditure is approved, staff authorizes Dominion Virginia Power to install the streetlight. A denial of a project will result in its cancellation and the District Improvement Fund will be charged the design cost shown; staff will notify the requestor of the denial. Projects cannot be deferred for more than 30 days due to quotation expiration. Quotation expiration has the same effect as a denial. BERMUDA DISTRICT: • In the Chester community, at Winfree Street Cost to install streetlight: (Design Cost: $750.00) Meets minimum criteria the intersection of Snead Street and $336.07 MATOACA DISTRICT: • In the Oak Hill Estates subdivision, at the intersection of Oak River Drive and River Road Cost to install streetlight: $2,253.17 (Design Cost: $1,500.00) Meets minimum criteria For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. ~300OF4 STREETLIGHT REQUEST Bermuda District Request Received: January 25, 2012 Estimate Received: February 15, 2012 NAME OF REQUESTOR: ADDRESS: Ms. Brenda Cummings 12448 Winfree Street Chester, VA 23831 REQUESTED LOCATION: Estimate Requested: January 25, 2012 Days Estimate Outstanding: 21 In the Chester community, at the intersection of Snead Street and Winfree Street Cost to install streetlight: $336.07 POLICY CRITERIA: Intersection: Qualified Petition: Qualified Requestor Comments: "A light is needed to illuminate this intersection." Staff notes that the nearest light on Winfree Street to this installation site is 730 feet to the southeast. ooocss Streetlight Request Map March 7, 2012 This map is a copyrighted product of N the Chesterfield County GIS Office. 1 ~ requested light [fr~ \I, Iw ~ ~ Streetlight Legend existing light This map shows citizen requested streetlight installations in relation to existing streetlights. Existing streetlight information was obtained from the Chesterfield County Environmental Engineering Department. 1, 200 600 0 1, 200 Feet STREETLIGHT REQUEST Matoaca District Request Received: January 25, 2012 Estimate Requested: January 25, 2012 Estimate Received: February 15, 2012 Days Estimate Outstanding: 21 NAME OF REQUESTOR: Ms. Bernice L Graves ADDRESS: 19826 Oak River Drive South Chesterfield, VA 23803 REQUESTED LOCATION: At the entrance to the Oak Hill Estates subdivision, at the intersection of Oak River Drive and River Road Cost to install streetlight: $2,253.17 POLICY CRITERIA: Intersection: Qualified Petition: Qualified Requestor Comments: "I am requesting a streetlight at the corner, it is very dark at night and a lot of traffic comes off River Road at night." Staff notes that this installation requires the installation of a transformer on the existing pole. 0.0008'7 Streetlight Request Map March 7, 2012 This map is a copyrighted product of N the Chesterfield County GIS Office. ~i C~] Streetlight Legend existing light requested light This map shows citizen requested streetlight installations in relation to existing streetlights. Existing streetlight information was obtained from the Chesterfield County Environmental Engineering Department. 1, 900 950 0 1, 900 Feet CHESTERFIELD COUNTY c4``~ BOARD OF SUPERVISORS S ,,,p AGENDA Page 1 of 1 Meeting Date: March 7, 2012 Item Number: 8.C.1. Subject: Memorandum of Understanding Between Chesterfield County and U.S. Immigration and Customs Enforcement ("ICE") County Administrator's Comments: County Administrator: Approval of the attached Memorandum of Understanding between Chesterfield County and ICE and authorize the Chief of Police to execute the Memorandum of Understanding on behalf of the County. Summary of Information: Effective enforcement of the laws relating to ICE jurisdiction (primarily illegal immigration) requires close cooperation and coordination between ICE and localities. Accordingly, ICE and the Chesterfield County Police Department desire to enter into a Memorandum of Understanding which allows some Chesterfield County police officers to be trained by ICE and issued a "Customs Officer" designation. This designation will then authorize the officers to perform certain duties otherwise reserved for ICE officers. In particular, this MOU will allow those officers to seize contraband property (such as smuggled cash) in accordance with the laws enforced by ICE . Any unclaimed property seized by a police officer designated as a Customs Officer will then be split between the Police Department and ICE. Any injuries that might be sustained by officers acting pursuant to the MOU will be processed under the Federal Employee Workers Compensation Act. Preparers Thierry G Dupuis Attachments: ^ Yes ~ No # 000089 Title: Chief of Police 3025:87471.1 MEMORANDUM OF UNDERSTANDING between the U.S. Immigration and Customs Enforcement (ICE) and Chesterfield County Police Department Chesterfield, Virginia ICE OI Directives 05-006 and 05-007 I. Purpose The above listed law enforcement agency and ICE agree that effective enforcement of the laws relating to ICE jurisdiction requires close cooperation and coordination between the two agencies, and have therefore entered into this agreement to govern the use of ICE designations by certain employees of your agency. II. Agreement There maybe instances when it maybe desirable on occasion for certain sworn law enforcement employees of your agency to be able to perform certain ICE duties. Pursuant to section 401(1), Tariff Act of 1930, as amended, (19 U.S.C. 1401(1), the Secretary of Homeland Security orhis/her designee is authorized to designate persons as Customs Officers (Excepted) who are designated to perform the duties of an ICE Officer. The designated Customs Officers will have the authority to enforce "Customs" laws. This agreement does not grant the designated Customs Officers the authority to enforce "Immigration" laws. The forms and authorities referenced herein maybe renamed or replaced by ICE without prejudice to this agreement. The two agencies have, therefore, entered into an agreement as follows: A. The U.S. Immigration and Customs Enforcement agrees: ~ . to designate certain employees of your agency as Customs Officers (Excepted), without additional compensation, to perform the duties shown on the attached "Designation, Customs Officer" form (which is hereby made part of the agreement); 2. to provide appropriate training in Customs laws, policies, and procedures to the designated employees; 3, to issue a "Designation, Customs Officer, " as described in A 1 above to each qualified employee; 4, to advise your officers regarding any court proceedings that question any seizures or arrests that are made in accordance with this agreement; 5. to process, under appropriate regulations, any injury claim submitted as a result of injuries occurring to local law officers acting pursuant to this agreement, for compensation under the Federal Employee Workers Compensation Act (5 U.S.C. 8101, et. seq.): OOOG90 8. The above listed law enforcement agency agrees: 1. to advise ICE of each situation in which the agency proposes to use an ICE designation; 2. that ICE designations to employees of your agency will be used only in situations where there has been specific advance approval by the appropriate Special Agent in Charge or Resident Agent in Charge Designations will be used only for the duration of the specified law enforcement activity for which the approval was extended, and to the extent of such approval. 3. that only personnel who are sworn law enforcement officers of your agency and who successfully complete the appropriate ICE cross-designation training and received a "Designation, Customs Officer" form will be granted Customs Officer status; 4. to report to ICE, in writing, the results of all activity undertaken by the designated Customs Officer as a consequence of the Customs cross designation authority,' 5. to advise ICE of each court proceeding in which the validity of ICE search, seizures, or arrest authority has become an issue; and to permit ICE to provide legal memoranda or other assistance in such cases when desired by ICE. 6. to follow ICE directives and instructions that are applicable to ICE concerning ICE search, seizure, and arrest authority; 7. to return al11CE equipment and identification if issued, when a cross designated officer terminates employment for any reason. Both agencies agree to: recognize that any abuse of ICE cross designation authority may lead to the revocation of such cross designations by ICE; 2. agree to exchange implementing instructions prior to issuance; and 3. agree to schedule periodic meetings to review this agreement. This Memorandum of Understanding is an internal agreement between government agencies. It does not create or confer any rights, privileges, or benefits for any private person or party. Approved By Approved By Law Enforcement Agency ICE Name of Agency: ICE Agency: office of the special Chesterfield County Police Dept. Agent in Charge, Washington, D.C. Name: Name: Col. Thierry G. Dupuis John P. Torres Title: Title: Chief of Police Special Agent in Charge Signature/Date: Signature/Date: ICE Form 73-002 (05/05) 000091 CHESTERFIELD COUNTY ~~~ BOARD OF SUPERVISORS Page 1 of 1 I~ ~~ ~, ~.K~~~ AGENDA Meeting Date: March 7, 2012 Item Number: 8.C.2.a. Subject: Request to Quitclaim a Portion of a Sixteen-Foot Water Easement Across the Property of Swift Creek, L.P. County Administrator's Comments: County Administrator: Authorize the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a 16' water easement across the property of Swift Creek, L.P. Summary of Information: Swift Creek, L. P. has requested the vacation of a portion of a 16' water easement across its property as shown on the attached plat. This request has been reviewed by the Utilities Department. Approval is recommended. District: Matoaca Preparers John W. Harmon Attachments: ^ Yes ~ No Title Real Property Manager 000092 ~/I~IHITY SKETCH Request to Quitclaim a Portion of a Sixteen Foot Water Easement Across the Property of Swift Creeks L.P. 0 ~~ R~ ~~ i L WOOpP ~ ~ G 4~ ~~~ ~T~ ~ ~ ~ ~7y -a / -~~ 1fi' Water Easement to be Quitclaimed ~ <c-Q ~ ~~ i 4 ~ ~ ~ ~ ~ ~ ~ ~ ~ ' ~ ~ 4r 1 2 z ,~'A /~/~' ~ ~~ ~ GQ' % SWt~ O ~~ ~ ~ N,~N ~~ ~ b .~ 1. LOWERY BLUFF WAY ~ ~ ~~ 2 . CRQWN E RI DG E LQOP ~ ~ d'j ~'f% 4~~ ~1 3 . WYN N LN 4. CENTRAL PDINTE RD 7a ~ ~ , ~ r~ ~ ~. CREEK HEIGHTS DR ~ G ~"~ 6. CLUB TERRACE LN r N 7. RQCKRIDGE RUN LN 8. TERRACE ARBDR CIR ~ 9. TERRACE CREEK BLVD N Chesterfield County Department of Utildies W 'E $ 1 hcl -666.6' !e t UOO®V V ~ `~ VINIDkiIA'AlNf1004~31dN31S3H0 0 ~~ ~ A. m $^' ~ l~IFi1Sl0 V~VOIVW ' w T ~ ~ t s q6~ 8~ @@ dl S3IVIOOSStl )133tl~ 1dIMS d0 N n `~ .. t ~w ff:~~ ~'SrR 9~ ~ ~ ~ .. ~ II_ N S~^~ g~? ~S~ Altl3dOtld 3N1 WOtld 431tlOVA ~ fi ~ a ~ ~ ~ °oa x#35 • g~~~ ~4~~ ~_~ 38 O11N3W3SV33NIltl31tlM ~ ~ ~ $~w ~~ ~~~~~ Rg~r ag~~ sg~~ VdONOIltlOd1/'JNIMOHSltI7d o ~ 3 ~ r 8p~ m~ ~ ~W~ ~ ~~Ug Y ga~~ oQx~" ~°~ § oSo ~~; ~ Z a$°D~ v g= ~~~~~ ~ ~gK3 r ~ ~zV ~ ZQ ~ J y \ o a ~~~~$ S w~~ %W r3~N ~: 5~ ~w~~~m ~ ~8~8~8 ~~ a~r°a No' ~t~o~ Q~Q ~ ~7~WWJ~ `~ i~l~ v 2 b ~ .~A~~R ~~~ Z~t?~~ ~ ~~, W~ W W n a c 8c ~ h \ \ h \ \ p,3 ~ / . /1g,y \\ ~ 1's / ~ ,~ l ~ r 'Y~o ao /Qti~ /rd,4y II /J~ ~ Qa ~ ~6a, `~~ o ~~ ~.~~ /o`~o /J N. ~ l.~~h / ~ ~ ~~ ~~I~~~ I~ ~ 1 sS~~ ~~y ~~Q y ~I ~ IIII 1 ~~ Jr~~~ Z~I~ 111 r ~ i ~~ ~~~°'°~ y~ I~~~i 1 1~Ij, ~OS I hh2Mn ~ ~ { iv'., ~11~ 1 ~^ ~4 I ~b~v~ Ir ~I ty um ~ IIO IF 3~ 1 a ~~~ `\ ~ nOm~ • I', tnV ~1 \ 0 I• mz~ Wq ~ '~'~o'~ ~ l I i I z as ~ ~ I ~,r Lt, i ~ ~ i 'I I ~i eg~ I I 3m No I i ~`~~ i i Ili ep °N I ~ A` ~""'i I oW~ ~ ~N I~ q ~4°' I I I I ~"'~ u ; W^1 ~~ m~ Oa I~~O^ ~ ~C ~a 2~"+ q II bn ~o III II aWm N p~.j~~ `~~ ~ ~ I -• 'I ~i~ ~ I I I I e~.~ N~R Ze ~I~'31 zW II ii ~ 8 y~~ 6 W m I I. ,BZYYY' ~Of;zf.6YS I ~ 3 o I I', I I I i I I~~ II II Z e II I~ g II II I ~ ' ~~h I I I I I I i ~~Qhq I I I r- ~ I I 1 ir'N~~a I I I I Zia I I ~~Rp I I I I o~~ ~i I o, l~ ~ ~ ~~, ~ ~ ~ I ova I ; , ~ I o~ + --~ I I I I I o ~ m I I I I j I ~ a~° I I I II !, Q ~~ `~a. Nim,n +.. Ni+~,-irvs3 My snens as ~ewaa scaoo<<o .~o ~r 00004 CHESTERFIELD COUNTY ;~~; '~~, BOARD OF SUPERVISORS Page 1 of 1 1~ ~.~~ AGENDA Meeting Date: March 7, 2012 Item Number: 8.C.2.b. Subject: Request to Quitclaim a Portion of a Sixteen-Foot Sewer Easement Across the Property of Yong Hak Lee and Keum Ho Lee County Administrator's Comments: County Administrator: Board Action Requested: Authorize the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a 16' sewer easement across the property of Yong Hak Lee and Keum Ho Lee. Summary of Information: Yong Hak Lee and Keum Ho Lee have requested the vacation of a portion of a 16' sewer easement across their property as shown on the attached plat for the development of Wawa at Rockwood Commons. This request has been reviewed by the Utilities Department. Anew easement will be dedicated. Approval is recommended. DIStrICt: Dale Preparers John W. Harmon Attachments: ^ Yes ~ No Title Real Property Manager # 000095 VICINIT4' SKETCH Request to Quitclaim a Portion of a Sixteen Foot Sewer Easement Across the Property of Yong Hak Lee and Keum Ho Lee N Chesterfield County Department of Utilities -. w ';~~- E S 1 I~cl -666.4. tr t ooooss ~~ylA '~ ~ VINIO!!IW 'A1Nl1g00731jN31S3H0 LL ~ ~o ~ •L', ~~~<g lOIN1SIO NIN3ISI'JVW 37V0 ~ ~n~ ~ ~ 3~ ~ ~ ~~ OZE 30Vd lZBa NOOa 0330 •~ N ~ Qo ., ,. ~ ~ i LLO ~ ~°g' ~ ~~ 337 OH WI13N ~ 337 Hb'H JNO.I ° = r N ~ ~ ~` ~ ~ ~ d0 SONVl 3H1 ONI3B ~~ eg cZ7 ~ ~ ~ Rte'' w ~ 2131N30'JNIddOHS 3HV/IOS ggOMNOON d0.0, 730i/tld NO v < w aq i ~ ~ w lb'ld 1N~W3SV3 ° ° ° ° z ~o '?j ~~ rn x ~^ N ~S Q ~ ua zWO ~ oN O W Z yy~~ ~~ ~~ ~~ ° <U ~~WgC i W ~~ !~ ~ %~ ° Cg m v ~'Ow~aR~ m z~ "~ ,n O mZ ~ ~~~ ~~~~~8 ~ ~~ °z a Q ~ WJ = qam °°~~~~ ~ h° ~ N hlz~ W ~ v ~ WO OO~Q~p05 W Fsa 31~ ~~ ~Z~m4q~~ ~z?~=~ ~ ~Y ~Z ° ° ~ 2 F~ z' WW~Yi^~s ~~g~~ I o~ ~ m ~ YSS {y,~~ N U ~ ~~ SN~~~ ~~K22~ 9~ ~~ Z a s~NCRESl m~ J ~~~Z~Z MY ~oa~E3 _ 3ry~x p~ p (~ ~ • Z ~'~ U to I ° JJ W2m O~oU~ 2~~SWW 5~ ~ ~z G~ do- gm2WZC~i~ o°~~°w '6 muza ~~ 38~o~~~i ~omU~z~~Z$~ N ,z W s~2iz19.~~m ~~""~wvwi$~WY~~ ~ ~S~aO~a~~~g828~W~~~9 Z z Nzrivu via~uh ~mvi r:~ y 8 ~ J ~ 0 00000-Z6BZ-SB9-66L NIdO W W 9Z( Od SObP 80 Q n o \o dIN5N3~J121Vd 0311WI1 AIIWY.1 HLl105 d/N 00000, p~~ ! 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Z m In z Z z a 0 C J ~ \ ° °o u 2~ ,~ 2 ~ ~ n a £ ~ B ~ m I O ~ ~~~ ~°~ CHESTERFIELD COUNTY ~' ', BOARD OF SUPERVISORS Page 1 of 1 ~~ ~~~:~,„o ~~~ AGENDA _, Meeting Date: March 7, 2012 Item Number: 8.C.2.c. Subject: Request to Quitclaim a Sixteen-Foot Water Easement Across the Property of Rivermont Condominiums, Incorporated County Administrator's Comments: County Administrator: Board Action Requested: Authorize the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a 16' water easement across the property of Rivermont Condominiums, Inc. Summary of Information: Rivermont Condominiums, Inc. has requested the vacation of a 16' water easement across its property as shown on the attached plats for the development of the Rivermont Condominiums and Commercial Area. This request has been reviewed by the Utilities Department. Based on the number of changes to the proposed waterline, the entire easement is being vacated and a new easement will be dedicated. Approval is recommended. District: Bermuda Preparers John W. Harmon Attachments: ^ Yes ~ No Title Real Property Manager #000098 VICINITY SKETCH Request to Quitclaim a Sixteen Foot Water Easement Across the Property of Rivermont Condominiums, Inc. EX~ 1 ~ i ry fJ// ~ 1fi' Water Easement ~ to be Quitclaimed \ ~~o ~ T ~~ i IVE Q,~f E ~! S~ KAVE ~ op °~Rr r~R ~ v~ .. ~' ~ ~ ~~ ~ ~ ~ ~ \~ ~ ~ ~ \~ v '~ ~ ~ 1R ~, ~~ J A_ Chesterfield County Department of Utilities N ~. W ;~~-E S t hcY -666.67 >ee t oooO~J ,,00100 00 H W W V ~' Q W) Q W LL7 m N ~~~~ ~ b ~~= ta~~1 W ~~~, ~"~~~~~~N~~~a ~ ~~'a~ ~ ~ ~~~rs~ yi~~~ ~~ ~H~~~$ S: ~~~ ~~ m ~ ~ Yu Y~ U S V w g~Y r 9 ~~ gdv e^~ a ~ ~ ~4 ~ °~ ° 5 b q " >a C ~ w C s ~ ~~~ xo~ ~ ~ ~ ye ~ ~~ ~~ a F ~ ~R y ~ ~~ ~~ ~ € ~ ~' ~ " ~ ' €~ ~ $ yp G V ~ . . F e s~ ~ a a .~ ~ ~~ ,~~~~ 0 ,~\ . .~ AY ~y ~` ~ ~~s 6 m ~..1%3i6~~1~ U ~ y ~~ ~~ S~ 3~$~ ~~ ~~~ Z 1=M ~M.~ ~~ ~'~ s '~, a m ~^, ~~~ ~io ,, ~~ '~' ~_ ~~ ~~ Z :33N5 _ _ ~••~~• i:33H5 ~.. ~. . o ~; 0 b~ ~0 ~uc~i ~ C t cIi ~ ~ . =a x °' ~oo ~~ xom ~~ a w ~ o~ +e ~ a ~ a g= a~' ~m a~~ ...._....... .., ...,.......aanion v.azuswasva aunavvr saaoeooz\~~oVoaoesoa\rou~sasV~ OOOg01 - CHESTERFIELD COUNTY ~~ BOARD OF SUPERVISORS Page 1 of 1 ~+ i ~i ~ ~° AGENDA Meetin Date: March 7, 2012 Item Number: 8.C.3.a. Sut~Lct: Request Permission for a Proposed Privacy Fence and Existing Shed to Encroach Within a Sixteen-Foot Drainage Easement Across Lot 19, Hollymeade, Section A County Administrator's Comments: County Administrator: Grant Joseph P. Burns permission for a proposed privacy fence and existing shed to encroach within a 16' drainage easement across Lot 19, Hollymeade, Section A, subject to the execution of a license agreement. Summary of Information: Joseph P. Burns has requested permission for a proposed privacy fence and existing shed to encroach within a 16' drainage easement across Lot 19, Hollymeade, Section A. This request has been reviewed by Environmental Engineering. The existing storm sewer pipe will not be affected. Approval is recommended. DIStrICt: Dale Preparers John W. Harmon Attachments: ^ Yes ~ No Title Real Property Manager # 000102 VICINITY SKETCH Request Permission for a Proposed Privacy Fence and Existing Shed to Encroach Within a Sixteen Foot Drainage Easement Across Lot 19, Hollymeade, Section A 000.03 `~5~~ ~ckbu~y ~;d5e map ~~n~l~. ~ ~r2~N9f2c~ G~-~iovt Joseph P. Burns 9518 Lockberry Ridge Loop DB. 9601 PG. 447 PIN: 780666229500000 1_ 16' Drainage Easement ~~ ~. -- ~``~ '~~} 16,x' ~~ X. FENCE & SHED LICENSED AREA o ~~ acx ~t~ e . -- ~ Fc~~e.. ~o~.ndd ry 00004 CHESTERFIELD COUNTY ;`, BOARD OF SUPERVISORS Page 1 of 1 ~. ,„, : ~° AG E N D ~T~~~~ Meetin Date: March 7, 2012 Item Number: 8.C.3.b. SubLct: Request Permission for a Proposed Mulch Pedestrian Trail to Encroach Within a Twenty-Foot Storm Water Management System/Best Management Practice (SWM/BMP) Access Easement, a Variable Width Storm Water Management System/Best Management Practice (SWM/BMP) Easement and a Sixteen-Foot Sewer Easement Across Open Space in Cambria Cove, Section One County Administrator's Comments: County Administrator: Grant Centex Homes permission for a proposed mulch pedestrian trail to encroach within a 20' SWM/BMP access easement, a variable width SWM/BMP easement and a 16' sewer easement across open space in Cambria Cove, Section One, subject to the execution of a license agreement. Summary of Information: Centex Homes has requested permission for a proposed mulch pedestrian trail to encroach within a 20' SWM/BMP access easement, a variable width SWM/BMP easement and a 16' sewer easement across open space in Cambria Cove, Section One. The mulch pedestrian trail will not affect the use of the easements by the county. Approval is recommended. District: Midlothian Preparers John W. Harmon Attachments: ^ Yes ~ No Title Real Property Manager iboo~os VICINITY SKETCH Request Permission for a Proposed Mulch Pedestrian Trail to Encroach Within a Twenty Foot Storm Water Management SystemlBest Management Practice (SWMlBMP) Access Easement} a Variable Width Storm Water Management SystemlBest Management Practice (SWMIBMP) Easement and a Sixteen Foot Sewer Easement Across Open Space in Cambria Cove, Section One ~~~ ~ P REQUEST PERMISSION FOR A „~ PROPOSED MULCH PEDESTRIAN ` ! TRAIL ~; f/I ~~ ~~~~ P N Chesterfield County Department of Utilities ' 1, w -- E $ 1 IrcY - 116.E Ret o©0~~~ 8 N N ~~ N = /' W ~ /~ aD \ ~ ~ ~ ^ ~~~ /f N < \\\~~~. /J ~Gi j~~\\\r O~ ~ \\~ `'' ``~ ~ , ~~~ ~~ ~. ~\ / ~^ \/ ~~ - ~ . . . ~~~ --- i i ~ ,~,~ sb ,~\ /' ~ g'L°r 9 y6 ~~sy~~ ~+ // tN~t0 ~~, "~~' ``~~ljj I . ~V ,~ a `~ ,~ -- / ~ ~~` ~~ f / ~~0' i' ~ / ~~ ~ ~ m 05 ~~i ~ / ~ ~ ~ r ,~~ ~g1 ~ ~ / ~ ~' i / i i o i i ~ ~ i i~~ j ~ ,' - / ~ q ~ '~ / / ~{ / ~ ~ ~i~ ,, r ,!i ~ g1r t~i~ O Z I ~W~ i a ~~~' v~~ ~ W Q ~ N ~ a a ~Fm ~S o ~ ~ oo ~ ~ ~ ~ o O 3~ qqq~+ ~ ~ o ~ w ~ U ~ w~ J Vl ~ U J ~ ~ ~ ~ ~_ (~ N ~z ~a Q ~ ~ ~j U J V ~~ <UN = ~ W = fD <~J ~ W w ~<w r W ~ ~ W o ~ III - ~c~ U W ~ .~~ .~a ~ ~~~ ~ 3N0 N01103S 3A00 M2l8WN0 ~ E` ~ ~ ~Y[M\~T~~ ! P ~ <m jy F k ~~ ~mw /~ ~b ~~ o ~O ~~ g3 N O CO p Y ~ O ^ a L ~ n y ap M ~ ~ !V ~ ~ a 00 _ !MO N tip x 3 ~ ~ ~, ~ M Z v °v o a M M ~ II M N N U ~` ~aa ?~ ,~N ~'/ k < 6~9 ~ `~ .m N ~ O ~ `~ c°5 3 ~~ q~ N N O J W a==~WW JN Q ~ X H Qo W ~ J ~~ ~~~ . ~~-~~00~~~1 ~P~~~ ~~~ O ~~ O J ~a ~~ yWNgj N U J < ~M ~~ ~pp'° ' M ~ ~, 21ii 8 :: ~~~ CHESTERFIELD COUNTY ` BOARD OF SUPERVISORS Page 1 of 1 ~`~'~ ~,,„, ~ AGENDA ~?.. Meeting Date: March 7, 2012 Item Number: s.C.4. Subject: Right of Entry for the Cogbill Road Sidewalk from Chesterwood Drive to Meadowbrook High School Project County Administrator's Comments: County Administrator: Reauested: Approve a request from the Virginia Department of Transportation for right of entry for the construction of the Cogbill Road Sidewalk from Chesterwood Drive to Meadowbrook High School Project. Summary of Information: The Virginia Department of Transportation is requesting that the Board approve right of entry on right of way dedicated to the county for construction of the Cogbill Road Sidewalk from Chesterwood Drive to Meadowbrook High School Project. This request has been reviewed by the Transportation Department. Approval is recommended. District: Dale Preparers John W. Harmon Attachments: ^ Yes ~ No Title Real Property Manager 000108 VICI~JITY SKETCH Right of Entry for the Cogbill Road Sidewalk from Chesterwood Drive to Meadowbrook High School Project N Chesterfield County Department of Utilities W ~'. '~' E $ 1 I~cl - 83J.33 kr t ~00~0~ 1719 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: March 7, 2012 Item Number: 9.A. Subject: Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds, and Lease Purchases County Administrator's Comments: County Administrator: Board Action Requested: Acceptance of attached report. Summary of Information: Preparers James J L. Stegmaier Title: County Administrator Attachments: ^ Yes ^ No # 0003.10 CHESTERFIELD COUNTY GENERAL FUND BALANCE Budgeted Ending Balances March 7, 2012 of General Fund Budgeted Expenditures* FY2008 $50,945,000 7.5% FY2009 $53,495,000 7.7% FY2010 $53,495,000 8.1% FY2011 $53,495,000 8.3% FY2012 $53,495,000 8.2% *Effective FY2012, the Board of Supervisors adopted a change to the financial policy ratio to raise the targeted fund balance level from 7.5 percent to S.0 percent 0001i~ CHESTERFIELD COUNTY RESERVE FOR FUTURE CAPITAL PROJECTS March 7, 2012 Board Meeting Date Description Amount Balance FOR FISCAL YEAR 2011 BEGINNING JULY 1, 2010 4/15/2010 FY2011 Budget Addition 13,169,200 17,947,388 4/15/2010 FY2011 Capital Projects (12,962,600) 4,984,788 5/26/2010 FY2011 Part of Sports Quest funding (206,600) 4,778,188 8/25/2010 Replacement generator for the IST building (290,400) 4,487,788 8/25/2010 Replacement funding to complete projects at Clover Hill (340,000) 4,147,788 Sports Complex 11/17/2010 Renovations and Additions to the Manchester Volunteer (120,000) 4,027,788 Rescue Squad (MVRS) Project FOR FISCAL YEAR 2012 BEGINNING JULY 1, 2011 4/13/2011 FY2012 Budget Addition 13,552,500 17,580,288 4/13/2011 FY2012 Capital Projects (13,352,500) 4,227,788 8/24/2011 Construction of first phase of Mary B. Stratton Park (391,735) 3,836,053 11/9/2011 Chesterwood-Cogbill Rd Drainage Improvements (change order 2) (32,066) 3,803,987 1/11/2012 Chesterwood-Cogbill Rd Drainage Improvements (change order 3) (20,204) 3,783,783 OOOg~2 ~ ~ ~ ~ ~ ~ ~ ~ ~ L C ~ ~ _ vi ~O ~ l~ N M ~ ~ a Mff3 ~n vi d' ~ v .p :: ~ ~ O P~ ~ q CC O b ~O M ~ ~ M ~ i E o°'n ~ N ~ d r.r ~ M ~ .-. l~ M O ~ A ~ A N ~ ~ ~ z ~w ys H w~ C w N U '~ '^' 0 A W N W Q r ~--~ O O O O O O ~r w a ~ o ~, ~, ~ ~, ~ ~, ~/ LS/ ~ L..I N e~ ~ ~ M M M M M M M M M M ~ /-~ ~ F O (ft ~ U ~" ~ ~ ,, A ~p M O O ~D to V1 00 [~ M O ~ N N ~ N L L bR O i. CO p: U .~ h A i w 3 x b ~ O ~ C O O "" R Ca U A ~ ~ U 000113 Prepared by Accounting Department February 29, 2012 SCHEDULE OF CAPITALIZED LEASE PURCHASES APPROVED AND EXECUTED Date Ongmal Beean Description Amount 04/99 Public Facility Lease -Juvenile Courts Project $16,100,000 (Refinanced 10/10) O1/O1 Certificates of Participation - Building Construction, Expansion and Renovation; Acquisition/Installation of Systems 13,725,000 03/03 Certificates of Participation -Building Construction, Expansion and Renovation 6,100,000 03/04 Certificates of Participation -Building Construction, Expansion and Renovation; Acquisition/Installation of Systems 21,970,000 10/04 Cloverleaf Mall Redevelopment Project 16,596,199 12/04 Energy Improvements at County Facilities 1,519,567 OS/OS Certificates of Participation -Building Acquisition, Construction, Installation, Furnishing and Equipping; Acquisition/Installation of Systems 14,495,000 05/06 Certificates of Participation -Building Acquisition, Construction, Installation, Furnishing and Equipping; Acquisition/Installation of Systems 11,960,000 08/07 Certificates of Participation -Building Expansion/Renovation, Equipment Acquisition 22,220,000 Date Ends O 1 /20 11/21 Outstanding Balance 2/29/2012 $6,475,000 TOTAL APPROVED AND EXECUTED PENDING EXECUTION Description None $124.685.766 5,605,000 11/23 3,540,000 11 /24 13,990,000 10/ 12 16,596,199 12/ 17 906,120 11/24 8,325,000 11/24 7,145,000 11/27 17,545,000 80.127.319 Approved Amount OOU~14 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA r~, Meeting Date: March 7, 2012 Item Number: 14.A. Subject: Resolution Recognizing Boy Scouts Upon Attaining the Rank of Eagle Scout County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution. Summary of Information: Staff has received requests for the Board to adopt resolutions recognizing Mr. Casey Michael Kirk and Mr. Bryan Thomas Dempsey, both of Troop 1891, sponsored by Bon Air United Methodist Church, upon attaining the rank of Eagle Scout. They will be present at the meeting, accompanied by members of their families, to accept their resolutions. Preparers Janice Blakley Title Clerk to the Board Attachments: ^ Yes ^ No WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law, Mr. Casey Michael Kirk and Mr. Bryan Thomas Dempsey, both of Troop 1891, sponsored by Bon Air United Methodist Church, have accomplished those high standards of commitment and have reached the long-sought goal of Eagle Scout, which is received by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through their experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare themselves for a role as leaders in society, Casey and Bryan have distinguished themselves as members of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 7th day of March 2012, publicly recognizes Mr. Casey Michael Kirk and Mr. Bryan Thomas Dempsey, extends congratulations on their attainment of Eagle Scout, and acknowledges the good fortune of the county to have such outstanding young men as its citizens. March 7, 2012 Speaker's List Evening Session #1 (Following Presentation of Resolutions) 1. Mr. Rick Trader 2. Mr. Dickie Kind 3. Mr. Peter Martin 4. Mr. Freddy Boisseau 5. Evening Session #2 (End of the Evening Agenda) 1. 2. 3. 4. 5. Board of Supervisors Chesterfield County 07Mar2012 Rick Trader RE: Absence of any daylight noise ordinance Good evening-and welcome to my world. Often starting at 8 in the morning, and going off and on, or even steady all the way through until the end of the day, and even into the night. What we thought was merely a matter of inconvenience, we now have learned from our county police department can become a scourge without recourse. In reviewing the county sound ordinance-in fact, in reviewing the county ordinance in full-at present our county PD has no leg whatsoever to stand on in addressing abusive sound disruption. In fact, in speaking to one representative of our fine police force I was informed that some citizens will actually defy the police, in their presence, when requested to turn down slamming music-simply because some people know that there are no teeth to the request. Sadly, while someone SCREAMS!! that his/her rights are being defiled by not being allowed to jack the music up to 120 db, there are the rest of the people in the neighborhood who have to forfeit their rights to being able to nap their babies, sell their homes, or make it through a day without the plates vibrating in the cupboards, or holes appearing in their sheetrock from where they have pounded their own heads out of frustration. We live in an upscale neighborhood and presently have our home up for sale. Let me ask each of you, with all due respect-if you came to look at my home and this music was hammering your head and rocking the walls of my house as you did your walk-through, where would my home fit on your list of considerations to buy? I agree that it is sad that some people revel in their abject refusal to extend any measure of courtesy to anyone, for any reason. However, at the point that one person's liberties make another man a hostage in his own home, then surely there must be something that can be done to mitigate the abuse. I truly hope you guys will add to your agenda in the near future the establishment of an ordinance that will take into consideration that some people actually go to bed before midnight, and also actually have a home life worthy of enforceable courtesy the other 17 hours of the day not presently covered by our county ordinances. Thank you for listening. Have a blessed evening. 1719 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 3 Meeting Date: March 7, 2012 Item Number: 16.A. Subject: Public Hearing to Consider an Amendment to the County Code Relating to Storm water and Best Management Practices (SWM/BMP's) Facilities in Buffers County Administrator's Comments: County Administrator: Board Hold public hearing and take action on the amendment. Although staff and the development community support OPTION 1 which would allow administrative modification of buffer requirements, the Planning Commission recommended denial indicating that the current ordinance which provides opportunity for modification of buffer requirements affords citizens immediate consideration through the public process. OPTION 2 which would require the Commission to review an administrative modification is not supported by the development community, staff or Commission since it may very well lengthen the modification process. Summary of Information: This amendment has been proposed through the Evaluation of Development Regulations (Cost of Development) Project. The goal of this particular amendment is to streamline the plans review process by allowing administrative approval of encroachment of a SWM/BMP into a buffer under certain circumstances. Currently, the Ordinance prohibits SWM/BMP encroachments into required buffers unless a buffer reduction is approved by the Planning Commission during plans review. On December 12, 2011, the Planning Commission held a public hearing on two different ordinance amendments and recommended denial of both (Attached Option 1 and Option 2). Preparers Kirkland A. Turner Attachments: ^ Yes ~ No Title: Director of Planning CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 The Commission indicated, as they did previously during their consideration of Option 1, that the current ordinance which allows a developer to seek a buffer reduction or modification from the Planning Commission through the plans review process affords those impacted by the proposal immediate consideration through the public process. In consideration of Option 2 which would essentially give the Commission the ability to "override" an administrative decision, the Commission indicated such a process may prove to be more lengthy than that provided for under the current ordinance and would not, therefore, achieve the original goal of streamlining the process. Background In July 2011, the Commission held a public hearing on a proposed code amendment that would have allowed administrative approval of a S4VM/BMP encroachment into buffers under certain circumstances. As proposed, the amendment would have allowed an applicant or an "aggrieved person," but not Planning Commissioners, to appeal the administrative decision to the Commission without paying an appeal fee. The Commission recommended denial of the amendment indicating that the current Ordinance which allows a developer to seek a buffer reduction or modification from the Planning Commission through the plans review process affords those impacted by the proposal immediate consideration through the public process. (Attached Option 1) Subsequently, in September 2011, the Board of Supervisors held a public hearing on the same amendment. The Board referred the matter back to the Commission and directed that staff and the Commission study a process whereby the Commission could have input into an administrative decision to allow a SWM/BMP encroachment into a buffer. As directed by the Board, staff and the County Attorney's office developed an alternative amendment which would allow the Commission to consider an administrative decision to allow the buffer encroachment. The process would be very similar to the Substantial Accord determinations that the Board considers following the Commission's decision (Attached Option 2). The current Ordinance which requires notification to certain parties of plan submission would continue with both amendment options discussed herein. For site and subdivision plans, property is posted to notify the public of the submission. In addition, for site plans, adjacent property owners are notified of the submission by first class mail. ~y CHESTERFIELD COUNTY u ~ __ BOARD OF SUPERVISORS Page 3 of 3 ,,.a 2 AGENDA Detailed Overview of Each Option Option 1 This option was originally considered by the Commission and Board and recommended for denial by the Commission on two (2) separate occasions. Option 1 would allow the administrative approval of a buffer encroachment by a SWM/BMP provided a determination is made that the encroachment will not violate the spirit and intent of the required buffer. Further, this option would allow an appeal of the administrative decision by either the applicant or an aggrieved person to the Planning Commission without the necessity to pay an appeal fee. Therefore, an aggrieved person, such as an adjacent property owner or the applicant, would still be able to have their concerns addressed by the Planning Commission should they so desire. An "aggrieved person" is defined as "an owner or lessee of property adjacent to the site or of property nearby the site who will be adversely affected by the approval in an immediate and substantial manner not shared by the general public." This amendment may very well expedite the plans review process in instances where there is no appeal by an applicant or "aggrieved person" of the administrative decision. Option 2 Option 2 was prepared in response to direction from the Board for staff and the Commission to study a process by which the Commission would have final input into an administrative decision to allow a buffer encroachment. The difference between this option and Option 1 is that in the instance of an administrative approval by staff to allow the encroachment, staff would provide a report to the Commission indicating the reasons for approval. The Commission would then have the right to either confirm or vacate the decision. This option essentially allows the Commission to make the final decision on a buffer encroachment as is the case with the current Ordinance. It is staff's opinion, as well as the Commission and development community's opinion, that Option 2 will not expedite the plans review process and therefore, does not meet the original goal for the amendment, as established through the Evaluation of Development Regulation Project. This option essentially is very similar to the current Ordinance which requires that the Commission approve a buffer reduction or modification to allow a SWM/BMP to encroach into a required buffer during their consideration of a site or subdivision plan. Attachments OPTION 1 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 19-25, 19-241 AND 19-521 OF THE ZONING ORDINANCE RELATING TO DEVELOPMENT STANDARDS FOR BUFFERS AND SCREENING AND FEES FOR APPEAL BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19-25, 19-241 and 19-521 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted to read as follows: Chapter 19 ZONING ARTICLE II. AMENDMENTS TO CHApTER/DISTRICTS DIVISION 3. APPLICATIONS, FEES AND NOTIFICATION Sec. 19-25. Fees. In addition to any other fees required by the county, fees shall be payable to the county treasurer and submitted to the planning department upon filing the following applications: Fee, Based On Office, Application Type Residential Commercial, Uses and Industrial Uses 000 26. Site plan review: appeal of decision of director of planning for decisions related to $400 $350 matters other than buffer encroachment by storm water or best management practices facilities 26.1 Site~lan review peal of decision of director of planning for decisions related to buffer $0 $0 encroachment by storm water or best management practices facilities 000 1928(25)(23):84244.3 000120 OPTION 1 ARTICLE IV. COUNTYWIDE DEVELOPMENT STANDARDS DIVISION 6. STORMWATER MANAGEMENT AND BEST MANAGEMENT PRACTICE BASINS Sec. 19-241. Design criteria for all basins. All basins required by the director of environmental engineering as either a stormwater management facility or a Best Management Practice for water quality improvement or designed as a retention or detention facility for any new development or redevelopment of property shall conform to the following criteria: 000 (2) Perimeter yards. Basins on property located in an R, R-MF or R-TH district or upon any other property used for residential purposes, schools, child care centers, playgrounds, or within residential subdivisions shall be enclosed by a minimum of a 50-foot vegetative perimeter yard around the basin, measured from the 100-year water surface elevation or the downstream toe of the dam, whichever applies. All basins located within 100 feet of the above described uses and any pedestrian access ways (i.e. sidewalks, bicycle paths, walkways) shall be separated from such uses by a minimum of a 50-foot vegetative perimeter yard measured from the 100- year water surface elevation or the downstream toe of the dam, whichever applies. . The perimeter yard shall be designed to provide a horizontal distance and vegetated open space between the basin and the above listed uses. 000 1928(25)(23):842443 2 ®V 3.2~ OPTION 1 ARTICLE VII. DEVELOPMENT STANDARDS MANUAL DIVISION I. DEVELOPMENT STANDARDS Secs. 19-521. General provisions for buffers and screening. 000 (g) The only uses permitted by right in buffers shall be landscaping and screening as permitted herein;, l~However, signs;,, security fencing;,. utilities which run generally perpendicular through the buffer71 pedestrian walkways;,, storm water or best management practices facilities, or similar uses may be permitted through subdivision, site or schematic plan review, subject to both section 19-520 ~r~~ed and the screening topography or other measures effectively accomplishing the intent of the required buffer. 000 (2) That this ordinance shall become effective immediately upon adoption. 1928(25)(23):84244.3 n ~j~ryy 2 V~~~14Rr OPTION 2 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 19-25, 19-241 AND 19-521 OF THE ZONING ORDINANCE RELATING TO DEVELOPMENT STANDARDS FOR BUFFERS AND SCREENING AND FEES FOR APPEAL BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19-25, 19-241 and 19-521 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted to read as follows: Chapter 19 ZONING 000 ARTICLE II. AMENDMENTS TO CHAPTER/DISTRICTS DIVISION 3. APPLICATIONS, FEES AND NOTIFICATION 000 Sec. 19-25. Fees. In addition to any other fees required by the county, fees shall be payable to the county treasurer and submitted to the planning department upon filing the following applications: Fee, Based On Office, Application Type Residential Commercial, Uses and Industrial Uses 000 26. Site plan review: appeal of decision of director of planning for decisions related to $400 $350 matters other than buffer encroachment by storm water or best management practices facilities 26.1 Site~lan review appeal of decision of director of planning for decisions related to buffer $0 $0 encroachment by storm water or best management practices facilities 000 1928.8711 ~.~ 'Y t-~ 2:3 OPTION 2 ARTICLE IV. COUNTYWIDE DEVELOPMENT STANDARDS DIVISION 6. STORMWATER MANAGEMENT AND BEST MANAGEMENT PRACTICE BASINS 000 Sec. 19-241. Design criteria for all basins. All basins required by the director of environmental engineering as either a stormwater management facility or a Best Management Practice for water quality improvement or designed as a retention or detention facility for any new development or redevelopment of property shall conform to the following criteria: 000 (2) Perimeter yards. Basins on property located in an R, R-MF or R-TH district or upon any other property used for residential purposes, schools, child care centers, playgrounds, or within residential subdivisions shall be enclosed by a minimum of a 50-foot vegetative perimeter yard around the basin, measured from the 100-year water surface elevation or the downstream toe of the dam, whichever applies. All basins located within 100 feet of the above described uses and any pedestrian access ways (i.e. sidewalks, bicycle paths, walkways) shall be separated from such uses by a minimum of a 50-foot vegetative perimeter yard measured from the 100- year water surface elevation or the downstream toe of the dam, whichever applies. . The perimeter yard shall be designed to provide a horizontal distance and vegetated open space between the basin and the above listed uses. 000 ~9z8.g~~~~.~ ~ 000124 OPTION 2 ARTICLE VII. DEVELOPMENT STANDARDS MANUAL DIVISION 1. DEVELOPMENT STANDARDS 000 Secs. 19-521. General provisions for buffers and screening. (g) Uses Permitted in Buffers. 000 (1) The ei~ uses permitted by right in buffers shall be landscaping and screening as permitted herein; however, signs; security fencing; utilities which run generally perpendicular through the buffer; pedestrian walkways; or similar uses may be permitted through subdivision, site or schematic plan review, ^ ^*^*°a ~~ subiect to screenins? topo~raphy or other measures necessary to accomplish the intent of Section 19-520. ^'"`^'"°''• Storm water or best management practices facilities (SWM/BMP) may be permitted in buffers throus?h subdivision site or schematic plan review, subject to screening topo>;raphv or other measures necessary to accomplish the intent of Section 19-520 If such facilities are approved to encroach into the buffer through an administrative plan review process, the director of plannin s~ hall provide a report indicatin>; the reasons for the approval to the plannin~~commission at the planning commission's next regularly scheduled meeting The plannin:? commission shall either confirm the administrative decision or vacate the administrative decision. In addition any administrative decision for approval or denial of an encroachment may be pealed by either the applicant or an a~~rieved person in accordance with appeal procedures for site plan review. 000 (2) That this ordinance shall become effective immediately upon adoption. O~Gi2~ 1928.87117.1 ADVERTISING AFFIDAVIT Client Description Ad Size Cost (per issue) Chesterfield County LN:SWM-BMP-Facilities 2-22, 29 1/5 Page - 1.23 in. $594.84 Board of Supervisors The Observer, Inc. TAKE Take notice that the Board of Supervi; of Chesterfield County, Virginia, at adjourned meeting on March 7, 2012 6:30 p.m. in the County Public Mee Room at the Chesterfield Administra Building, Rt. 10 and Lori R~ Chesterfield, Virginia will hold a pu hearing where persons may appeaz present their views concerning: An Ordinance to amend the Code of the - County of Chesterfield, 1997, as amended, by amending and re-enacting Sections 19-25, 19-241 and 19-521 of the Zoning. Ordinance relating to development standards for buffers and screening and fees for appeal. Two different amendments will be presented for consideration. The current zoning ordinance prohibits locating retention or detention basins in a required buffer unless an exception is obtained from the Planning Commission or Board of Supervisors. Both proposals delete this prohibition but allow administrative approval through the plan review process of an encroachment of storm water or best management practice facilities ("SWM/BMP") into a required buffer if screening, topography or other measures effectively accomplish the intent of the buffer. Both proposals would also allow an applicant or person aggrieved by a decision of the planning director relative to an encroachment into a required buffer to appeal to the planning commission. One proposal would result in the administrative decision being final unless there is an appeal. The second proposal would require that a report of an administrative decision to allow a buffer encroachment be presented to the Planning Commission and require that the Commission either confirm or vacate the administrative decision thereby resulting in the Commission's action being the final decision. Although the current fees for an appeal by an applicant or person aggrieved by a decision of the Publisher of CHESTERFIELD OBSERVER This is to certify that the attached legal notice was published by Chesterfield Observer in the county of Chesterfield, state of Virginia, on the following date(s): 2/22/2012 & 2/29/2012 Sworn to and subscribed before me this ~r T h day of C'~~ ~ c~ , 2012. Legal Affiant n ~~~`~ James ,Grooms Jr., Notary Public My commission expires: February 29, 2016 Commission I.D. 7182093 p ~ ~o~ ~,~~ p B ILC •••• v~ ~ • REG # 7182093 • MY COMMISSION : a ~ ••. EXPIRES .: ?~ ' 212912056 • •~~~` ~•' '~ J /~~''~~EAL1N~~;~` ~'~~~~~~e~~~~ THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU. ~ ~~~i„ w~el~er;~ P.U. Box 1616, Midlothian, Virginia 23113 • Phone: (804) 545-75W • Fax: (8O•1) 744-3269 • Email: news(n:chesterfieldobserver.com • Internet. wwti•.chesterfielu~~ixcrcer_cum 1749 -_~ Meeting Date: March 7, 2012 SuuLct: Item Number: 16.6. Page 1 of 2 Public Hearing to Consider Appropriation of Up to $75,000,000 in Payment to the Escrow Agent for the Advance Refunding of Various General Obligation Bonds and Virginia Public School Authority (VPSA) Bonds and Closing Costs. County Administrator's Comments: County Administrator: Board Action ReQUested: Hold a public hearing to consider appropriation of up to $75,000,000 for the advance refunding of Series 2002, 2005A, 2006, 2007, and Series 2004 Virginia Public School Authority (VPSA) bonds and closing costs. Summary of Information: The county's financial advisors, Public Resources Advisory Group (PRAG), have analyzed the county's outstanding general obligation debt and have determined that the market is favorable for refunding various callable bonds. PRAG has identified Series 2002 for a par amount of $2,330,000; Series 2005A for a par amount of $8,145,000; Series 2006 for a par amount of $12,860,000; and a portion of the Series 2007 bonds of county general obligation bonds as being eligible for refunding. Projected present value savings are in excess of $1.5 million. These savings will be split proportionately between the county and SCr1001S . In addition, PRAG analyzed general obligation VPSA bonds for possible refunding candidates. They identified Series 2004 for a par amount of $31,200,000 as eligible for refunding. Projected present value savings are $3.0 million. These savings will accrue to schools. Preparers Allan M Carmody Title: Director Budget and Management Attachments: Yes ^ NO # 000.26 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Summary of Information (continued) Staff requests the Board of Supervisors approve the appropriation of the payment to the escrow agent for the advance refunding and related closing costs. 000.2'7 ADVERTISING AFFIDAVIT Client Description Ad Size Cost (per issue) Chesterfield County LN:GO-Bonds-Refunding 2-29 1/20P + .78 in. $221.87 Board of Supervisors The Observer, Inc. Publisher of Take Notice Take notice that the Board of Supervisors of the County of Chesterfield, Virginia (the "County"), at a regular meeting on Wednesday, March 7, 2012, at 6:30 P.M., local time, in the County Public Meeting Room at the Lane B. Ramsey County Administration Building, Route 10 and Lori Road, Chesterfield, Virginia 23832, will hold a public hearing where persons may appear and present their views concerning: The appropriation of up to $75,000,000 for the refunding of selected maturities o1 certain issues of General Obligation Public Improvement Bonds and/or ~enera] Obligation School Bonds of the Count} and associated closing costs. If further information is desired, contact Mc Allan M. Carmody, Director of Budge and Management, at (804) 748-154F between the hours of 8:30 A.M. and S:0( P.M., local time, Monday through Fridayy. The heazing is held at a public facilit} designed to be accessible to persons witt disabilities. Any person with question: on the accessibility of the facility or neec for reasonable accommodations shoulc contact Janice B. Blakley, Clerk of the Boar< of Supervisors of the County, at (804) 748 1200. Persons needing interpreter service for the deaf must notify the Clerk of the Board of Supervisors of the County, by n~ later than Friday, March 2, 2012. CHESTERFIELD OBSERVER This is to certify that the attached legal notice was published by Chesterfield Observer in the county of Chesterfield, state of Virginia, on the following date(s): 2/29/2012 Sworn to and subscribed before me this .~ ' `~ ~~U,r~ , 2012. day of Legal Affiant Jam \ ,Grooms Jr., Notary Public My commission expires: February 29, 2016 Commission I.D. 7182093 a`~~i~N~1~ ti`Y~~~~i .~~-~ GROO • • ,~ •, • NOTARY ' ~` ~ • •• v ~~ ; PUBLIC '•, ~ REG # 7182093 MY COMMISSION ; a n ' EXPIRES 2 :~?~•'• 212912016 •r C~ '. ~p •' •......••' J~ ~,o~~~EA;; ;~,,~~~. THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU. P.O. Box 1616, Midlothian, Virginia 23113 • Phone: (804) 545-7500 • Fxx: (804) 744-3269 • Email: news@chesterfieldobserver.com • Internet www.chester6eldobserver.com CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 2 AGENDA S »„ Meeting Date: March 7, 2012 Item Number: 16.C. Sub~iect: Public Hearing Regarding the Adoption of a Resolution which Authorizes the Issuance and Sale of General Obligation School Bonds to the Virginia Public School Authority County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to adopt the attached resolution which authorizes the issuance and sale of general obligation school bonds to the Virginia Public School Authority (VPSA) in an aggregate principal amount of not to exceed $22,000,000 for the purpose of providing project funds in the amount of $21,400,000 (the "proceeds requested") for School Capital Projects. Summary of Information: The Capital Improvement Program (CIP) for FY2012-FY2016 was approved by the Board of Supervisors and School Board in April 2011 and included a planned sale of VPSA bonds for FY2012. The School Board is requesting the Board of Supervisor's approve their participation in the spring pooled VPSA sale which is to occur in April 2012. The Board of Supervisors is requested to approve the issuance of up to $22,000,000 in bonds, approximately five percent higher than what has been appropriated, to accommodate possible pricing structures of the bidders. Doing so will not result in excess project funds, but will allow for adjustments in the principal amount of the bonds sold. Bidders at times will Preparers Allan M. Carmody Title: Director of Budget and Management Attachments: ^ Yes ~ No # OOU221~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Summary of Information (continued) price bonds under a discounted structure, which without an allowance to "upsize" the par amount of bonds sold, could result in project funding levels below what has been appropriated for the projects. If the successful bidder's pricing structure reflects a discounted purchase price and no additional bonds have been authorized in excess of the requested amount of $21,400,000, the resulting purchase price will reflect the discount and result in the locality receiving less than the required and appropriated project funding levels. The VPSA requested that each locality authorize an "up to" principal amount of bonds that is sufficiently in excess of the requested project funding levels to provide the desired and appropriated project funding levels in line with the FY2012 School CIP. Accordingly, in the event the bonds are priced at a discount, the additional appropriation of bond proceeds is necessary - it would not however increase the total appropriation for the projects. The planned uses of the VPSA bonds are consistent with the approved CIP and are listed on the attachments. Also attached is the School Board resolution dated February 14, 2012 requesting that the Board of Supervisors authorize the issuance and sale of the bonds and submission of an application to the VPSA for financing. Prior to the final authorization of this issuance and sale of general obligation bonds to the VPSA, state law requires that the Board of Supervisors hold a public hearing after giving notice in accordance with the provisions of Code of Virginia, 1950, Section 15.2-2606.A. After the public hearing is held, the Board is requested to adopt the attached resolution which authorizes the issuance and sale of general obligation school bonds to the Virginia Public School Authority (VPSA) in one or more installments in an aggregate principal amount of not to exceed $22,000,000. ~~~~.~9 RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $22,000,000 GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, SERIES 2012, TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF. WHEREAS, the Board of Supervisors (the "Board") of the County of Chesterfield, Virginia (the "County"), has determined that it is necessary and expedient to borrow an amount not to exceed $22,000,000 and to issue its general obligation school bonds for the purpose of financing certain capital projects for school purposes; and WHEREAS, the County held a public hearing, duly noticed, on Wednesday, March 7, 2012, on the issuance of the Bonds (as defined below) in accordance with the requirements of Section 15.2 2606, Code of Virginia 1950, as amended (the "Virginia Code"); and WHEREAS, the School Board of the County has, by resolution adopted on Tuesday, February 14, 2012, requested the Board to authorize the issuance of the Bonds (as hereinafter defined) and consented to the issuance of the Bonds; and WHEREAS, the Bond Sale Agreement (as defined below) shall indicate that $21,400,000 is the amount of proceeds requested (the "Proceeds Requested") from the Virginia Public School Authority (the "VPSA") in connection with the sale of the Bonds; and WHEREAS, VPSA's objective is to pay the County a purchase price for the Bonds which, in VPSA's judgment, reflects the Bonds' market value (the "VPSA Purchase Price Objective"), taking into consideration of such factors as the amortization schedule the County has requested for the Bonds relative to the amortization schedules requested by other localities, the purchase price to be received by VPSA for its bonds and other market conditions relating to the sale of the VPSA's bonds; and WHEREAS, such factors may result in the Bonds having a purchase price other than par and consequently (i) the County may have to issue a principal amount of Bonds that is greater than or less than the Proceeds Requested in order to receive an amount of proceeds that is substantially equal to the Proceeds Requested, or (ii) if the maximum authorized principal amount of the Bonds set forth in Section 1 below does not exceed the Proceeds Requested by at least the amount of any discount, the purchase price to be paid to the County, given the VPSA Purchase Price Objective and market conditions, will be less than the Proceeds Requested; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and issue and sell its general obligation school bonds in an aggregate principal amount not to exceed $22,000,000 (the "Bonds") for the purpose of 000130 1135913.3 036042 RSIND -2- financing certain capital projects for school purposes as described in Exhibit B. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer of VPSA to purchase from the County, and to sell to VPSA, the Bonds at a price, determined by VPSA to be fair and accepted by the Chairman of the Board and the County Administrator, or either of them that is substantially equal to the Proceeds Requested, except that the Bonds may be sold for a purchase price not lower than 95% of the Proceeds Requested if issuing the Bonds in the maximum principal amount authorized by Section 1 of this Resolution is insufficient, given the VPSA Purchase Price Objective and market conditions, to generate an amount of proceeds substantially equal to the Proceeds Requested. The Chairman of the Board, the County Administrator, or either of them and such other officer or officers of the County as either may designate are hereby authorized and directed to enter into a Bond Sale Agreement, dated as of Apri16, 2012, with VPSA providing for the sale of the Bonds to VPSA. The agreement shall be in substantially the form submitted to the Board at this meeting, which form is hereby approved (the "Bond Sale Agreement"). 3. Details of the Bonds. The Bonds shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 2012"; shall bear interest from the date of delivery thereof payable semiannually on each January 15 and July 15 beginning January 15, 2013 (each an "Interest Payment Date"), at the rates established in accordance with Section 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts set forth on Schedule I attached hereto (the "Principal Installments"), subject to the provisions of Section 4 of this Resolution. 4. Interest Rates and Principal Installments. The County Administrator is hereby authorized and directed to accept the interest rates on the Bonds established by VPSA; provided that each interest rate shall be five one-hundredths of one percent (0.05%) over the interest rate to be paid by VPSA for the corresponding principal payment date of the bonds to be issued by VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further that the true interest cost of the Bonds does not exceed six percent (6.00%) per annum. The Interest Payment Dates and the Principal Installments are subject to change at the request of VPSA. The County Administrator is hereby authorized and directed to accept changes in the Interest Payment Dates and the Principal Installments at the request of VPSA; provided that the aggregate principal amount of the Bonds shall not exceed the amount authorized by this Resolution. The execution and delivery of the Bonds as described in Section 8 hereof shall conclusively evidence such interest rates established by VPSA and Interest Payment Dates and the Principal Installments requested by VPSA as having been so accepted as authorized by this Resolution. 5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. o~U~.a~~ 1135913.3 036042 RSIND -3- 6. Payment; Paving Agent and Bond Registrar. The following provisions shall apply to the Bonds: (a) For as long as VPSA is the registered owner of the Bonds, all payments of principal, premium, if any, and interest on the Bonds shall be made in immediately available funds to VPSA at, or before 11:00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next succeeding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption. (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds. (c) U.S. Bank National Association, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. Prepayment or Redemption. The Principal Installments of the Bonds held by VPSA coming due on or before July 15, 2022, and the definitive Bonds for which the Bonds held by VPSA may be exchanged that mature on or before July 15, 2022, are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Bonds held by VPSA coming due after July 15, 2022, and the definitive bonds for which the Bonds held by VPSA may be exchanged that mature after July 15, 2022, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2022, upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2022 through July 14, 2023 101 July 15, 2023 through July 14, 2024 100 '/z July 15, 2024 and thereafter 100 Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of VPSA or the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. 8. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. ~~~~a~~ 1135913.3 036042 RSIND -4- 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of, premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of and premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 10. Use of Proceeds Certificate and Certificate as to Arbitrage. The Chairman of the Board, the County Administrator and such other officer or officers of the County as either may designate are hereby authorized and directed to execute a Certificate as to Arbitrage and a Use of Proceeds Certificate each setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Certificate as to Arbitrage and such Use of Proceeds Certificate and that the County shall comply with the other covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11. State Non-Arbitrage Program; Proceeds Agreement. The Board hereby determines that it is in the best interests of the County to authorize and direct the County Treasurer to participate in the State Non-Arbitrage Program in connection with the Bonds. The Chairman of the Board, the County Administrator and such officer or officers of the County as either may designate are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, VPSA, the investment manager and the depository, substantially in the form submitted to the Board at this meeting, which form is hereby approved. 12. Continuing Disclosure Agreement. The Chairman of the Board, the County Administrator and such other officer or officers of the County as either may designate are hereby authorized and directed to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12, under the Securities Exchange Act of 1934, as amended, and directed to make all filings required by Section 3 of the Bond Sale Agreement should the County be determined by the VPSA to be a MOP (as defined in the Bond Sale Agreement). 000.33 1135913.3 036042 RSIND -5- 13. Filing of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County. 14. Further Actions. The members of the Board and all officers, employees and agents of the County are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15. Effective Date. This Resolution shall take effect immediately. Ayes: Nays: OOOg34 1135913.3 036042 RSIND EXHIBIT A (FORM OF TEMPORARY BOND) NO. TR-1 UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA COUNTY OF CHESTERFIELD GENERAL OBLIGATION SCHOOL BOND SERIES 2012 The COUNTY OF CHESTERFIELD, VIRGINIA (the "County"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of DOLLARS ($ ), in annual installments in the amounts set forth on Schedule I attached hereto payable on July 15, 2013 and annually on July 15 thereafter to and including July 15, 2032 (each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payable semiannually on January 15 and July 15 of each year, commencing on January 15, 2013 (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth on Schedule I attached hereto, subject to prepayment or redemption as hereinafter provided. Both principal of and interest on this Bond are payable in lawful money of the United States of America. For as long as the Virginia Public School Authority is the registered owner of this Bond, U.S. Bank National Association, Richmond, Virginia, as bond registrar (the "Bond Registrar"), shall make all payments of principal, premium, if any, and interest on this Bond, without the presentation or surrender hereof, to the Virginia Public School Authority, in immediately available funds at or before 11:00 a.m. on the applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date fixed for prepayment or redemption is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal, premium, if any, or interest on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the business day next succeeding the scheduled Payment Date or date fixed for prepayment or redemption. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the County shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the County are irrevocably pledged for the payment of the principal of and the premium, if any, and interest on this Bond. The resolution adopted by the Board of Supervisors authorizing the issuance of the Bonds provides, and Section 15.2-2624, Code of Virginia 1950, as amended, requires, that there shall be levied and collected an annual A-1 o~o~a35 1135913.3 036042 RSIND a tax upon all taxable property in the County subject to local taxation sufficient to provide for the payment of the principal, premium, if any, and interest on this Bond as the same shall become due which tax shall be without limitation as to rate or amount and shall be in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26, Title 15.2, Code of Virginia 1950, as amended, and resolutions duly adopted by the Board of County Supervisors of the County and the School Board of the County to provide funds for capital projects for school purposes. This Bond may be exchanged without cost, on twenty (20) days written notice from the Virginia Public School Authority, at the office of the Bond Registrar on one or more occasions for one or more temporary bonds or definitive bonds in marketable form and, in any case, in fully registered form, in denominations of $5,000 and whole multiples thereof, and having an equal aggregate principal amount, having principal installments or maturities and bearing interest at rates corresponding to the maturities of and the interest rates on the installments of principal of this Bond then unpaid. This Bond is registered in the name of the Virginia Public School Authority on the books of the County kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered on such registration books in the name of the assignee or assignees named in such assignment. The principal installments of this Bond coming due on or before July 15, 2022 and the definitive Bonds for which this Bond may be exchanged that mature on or before July 15, 2022, are not subject to prepayment or redemption prior to their stated maturities. The principal installments of this Bond coming due after July 15, 2022, and the definitive Bonds for which this Bond may be exchanged that mature after July 15, 2022, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2022, upon payment of the prepayment or redemption prices (expressed as percentages of principal installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2022 through July 14, 2023 101 July 15, 2023 through July 14, 2024 100 %2 July 15, 2024 and thereafter 100 Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without the prior written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond A-2 ~~Q~L3~ 1135913.3 036042 RSIND Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtedness of the County, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the Board of Supervisors of the County of Chesterfield has caused this Bond to be issued in the name of the County of Chesterfield, Virginia, to be signed by its Chairman or Vice Chairman, its seal to be affixed hereto and attested by the signature of its Clerk or any of its Deputy Clerks, and this Bond to be dated , 2012. COUNTY OF CHESTERFIELD, VIRGINIA (SEAL) ATTEST: Clerk, Board of Supervisors of the County of Chesterfield, Virginia Chairman, Board of Supervisors of the County of Chesterfield, Virginia CERTIFICATION OF AUTHENTICATION This Bond is delivered pursuant to the within-mentioned proceedings. U.S. BANK NATIONAL ASSOCIATION, as Bond Registrar and Paying Agent By: Date of Authentication: , 2012 A-3 Authorized Officer 00037 1135913.3 036042 RSIND ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (Please print or typewrite name and address, including zip code, of assignee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: (NOTICE: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Bond Registrar which requirements will include Membership or participation in STAMP or such other "signature guarantee program" as may be determined by the Bond Registrar in addition to, or in substitution for, STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. Registered Owner (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or change.) A-4 ~ ~ ~ x.38 1135913.3 036042 RSIND Principal Payment Date (July 15Z 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2028 2029 2030 2031 2032 SCHEDULEI Principal Installment $ 1,100,000 1,100,000 1,100,000 1,100,000 1,100,000 1,100,000 1,100,000 1,100,000 1,100,000 1,100,000 1,100,000 1,100,000 1,100,000 1,100,000 1,100,000 1,100,000 1,100,000 1,100,000 1,100,000 1,100,000 1,100,000 $22,000,000 A-5 Interest Rate 000139 1135913.3 036042 RSIND EXHIBIT B Capital Projects for School Purposes To Be Financed From Proceeds of County of Chesterfield, Virginia, General Obligation School Bond, Series 2012 Proiect Phase Estimated Cost Heating, Ventilation and Air Conditioning Design and construction $12,200,000 Mechanical System Replacement Design and construction 1,200,000 Roof Replacement Design and construction 425,000 Grounds Improvements Design and construction 1,250,000 Flooring Replacement Design and construction 475,000 Watkins Elementary School Renovation Design and construction 4,500,000 Other Building Improvements Design and construction 1,350,000 Total Requested Financing $21,400,000 B-1 000.40 1135913.3 036042 RSIND APPENDIX E to the Bond Sale Agreement RESOLUTION REQUESTING THE BOARD OF SUPERVISORS TO ISSUE GENERAL OBLIGATION SCHOOL BONDS FOR SCHOOL PURPOSES AND CONSENTING TO THE ISSUANCE THEREOF BE IT RESOLVED: 1. The School Board of the County of Chesterfield (the "School Board") hereby (i) requests, pursuant to Section 15.2-2640 of the Code of Virginia, 1950, as amended (the "Code"), that the Board of Supervisors of the County of Chesterfield issue its general obligation school bonds (the "Bonds") in an aggregate principal amount sufficient to provide $22,000,000 proceeds for the purpose of financing certain capital projects for school purposes and (ii) consents, pursuant to Section 15.2-2638.B(iii) of the Code and Article VII, Section 10(b) of the Constitution of Virginia, to the issuance of the Bonds. 2. Further, the School Board consents to and authorizes an application to the Virginia Public School Authority (the "VPSA") for the purchase of the Bonds by the VPSA as part of its 2012 Spring Pooled Bond Sale. 3. This resolution shall take effect immediately. 1 ~Od~41 Members present at the meeting were: Patricia Carpenter, David Wyman, Carrie Coyner, Dianne Smith and Thomas Doland. No members were absent from the meeting. Members voting in favor of the foregoing resolution were: Patricia Carpenter, David Wyman, Carrie Coyner, Dianne Smith and Thomas Doland. No members voted against the foregoing resolution or abstained from voting. c~ a.T-~~„~-- Clerk to the Board ~~~~~~ ADVERTISING AFFIDAVIT Client Description Ad Size Cost (per issue) Chesterfield County LN:GO_School-Bonds 2-22, 29 1/10 - .25 in. $296.20 Board of Supervisors NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a pub hearing will be held pursuant to Secti 15.2-2606.A of the Code of Virgin 1950, by the Board of Supervisors (t "Board of Su ervisors") of the Cour of Chesterfield, Virginia (the "County on Wednesday, Mazch 7, 2012, at 6: P.M., local time, in the County Pub Meeting Room at the Lane B. Rams Administration Buflding, 9901 Lori Roa at the Intersection of Route 10 and Lc Road, Chesterfield, Virginia 23832, wi respect to the proposed adoption by 1 Board of Supervisors of a resolution authorize the County to contract a d. and issue its General Obligation Sch~ Bonds in the principal amount of z to exceed $22,000,000 for the purpc of financing the costs of various cape school improvement projects of and for 1 County. The members of the public aze invited attend the public hearing and to apps and present their views on the propos ie full text of the proposed resolute on file in the office of the Clerk of 1 lard of Supervisors of the County, Ro< 4, Lane B. Ramsey Administrate iilding, 9901 Lori Road, Chesterfie rginia 23832, and may be examen all interested persons between t curs of 8:30 A.M. and 5:00 P.M., lo. ne, Monday through Friday. If furtl formation is desired, please cont. avid Myers, Assistant Superintende isiness and Finance, for the Chesterfie aunty Public Schools, at (804) 748-172 ie public hearing will be held at a pub :ility designated to be accessible rsons with disabilities. Any persc th questions on accessibility of t iblic facility or need for reasonal commodation should contact Janice akley, Clerk of the Board of Supervise (804) 748-1200. Persons needi terpreter services for the deaf must not e Clerk of the Board of Supervisors er than Friday, March 2, 2012. The Observer, Inc. Publisher of CHESTERFIELD OBSERVER This is to certify that the attached legal notice was published by Chesterfield Observer in the county of Chesterfield, state of Virginia, on the following date(s): 2/22/2012 & 2/29/2012 Sworn to and subscribed before me this day of ~~~~ L~t ,r ~ , 2012. i~~j ', ~ ~ r. Legal Affiant James T, Grooms Jr., Notary Public My commission expires: February 29, 2016 Commission I.D. 7182093 ..,~ '~ ~i .• ~ ~~~ •~ BRY• ••S/~ P~ UG • ~ : • REG # ~ 18293 N Mfg 10 ' OM E ~;• nny ExP~R s •~ ~ O••' ~J29I2~16 ;~~: %, ., •,. .... ~ N• ~ ''?.~NINEALj ~~•`~ THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU. P.O. Box 1616, Midlothian, Virginia 23113 • Phone: (804) 545-75W • Fax: (804) 744-3269 • Email: news@ehesterfieldobserveccom • Internet: www.chesterfieldobserver.com i~~ F~~ N ~~ 1 1AIY . ~~~,~~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: March 7, 2012 Item Number: 16.D. Subject: PUBLIC HEARING: Consider Leasing Space on the County's Physic Hill Water Tank County Administrator's Comments: County Administrator: Approve the leasing of space on the County's Physic Hill Water Tank to Richmond 20MHz, LLC, dba Ntelos. Summary of Information: Staff recommends that the Board approve the leasing of space on the County's Physic Hill Water Tank. The lease term is for five years commencing May 1, 2012 at $24,000 for the first year with 3% annual rent increases and three 5 year renewal terms. This is the second carrier to locate on the tank. Approval is recommended. District: Matoaca Preparers John W. Harmon Title: Right of Way Manager Attachments: ~ Yes ^ No # 00.43 0 4 ~. ADVERTISING AFFIDAVIT Client Description Ad Size Cost (per issue) Chesterfield County LN:Physic-l-~ill-Water-Tank 2-29 1/20 P Right of Way $2l 0.00 The Observer, Inc. Publisher of CHESTERFIELD OBSERVER ,~~ .T y .. ~:~ -~._ . This is to certify that the attached legal notice was published by Chesterfield Observer in the county of Chesterfield, state of Virginia, on the following date(s): 2/29/2U1.2 . TAKE NOTICE t That on March 7, 2012, at 6:30 p.m. or as soon thireafter as maybe heard, the Board of Supervisors of Chesterfield County at . its regular meeting place in the Public Meeting Room of Chesterfield County, Virginia, will consider the leasing of space on the Physic Hill Water 'Tank, 11010 Winterpock Road. Information regarding the proposed lease is on file in the Right of Way Office in Chesterfield County, Virginia, and maybe obtained by all interested pazties between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. ~ The hearing is held at a public facility designed to be accessible to persons with ' disabilities. Any persons with questions ~ on the accessibility of the facility or need + far reasonable accommodations- should ~. contact Janice B. Rlakley, Clerk to the Boazd, at 748: 1200. Persons needing interpreter services for the deaf must notify the CIerk to the Board no later than March 2, 2012. FcC~iVED ~,,,-~ :~ 2012 CHESTERFI~ L.D CUU\"IY RiGH~f U1= ~~:1Y OI=FICE Sworn to and subscribed before me this S~ (//!~j(,~ r (/(~ , 2012. day of Legal Affiant J T, Grooms 3r., Notary Public My commission expires: February 29, 2016 Commission I.D. 7182093 • G,, ••NOTARY••'•• v ~~ ~ lC ~' • REG #B 18Z093..'~ I . MY COM~ISSVON: ~ ~ EXPIRES : z ~ 2J2912016 C~ •~r~++t+u ~ tNs. THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU. V.O. Box 1616, Midlothian, Virginia 2311.3 • phone: (804) 545-75W • Fax: (804) 744-3269 • Email: newsQchestenc~idobserver.com • Internet: www.chesterfieldobserver.com CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 - - AGENDA ~xee Meeting Date: March 7, 2012 Item Number: ~s. Subject: Adjournment and Notice of Next Scheduled Meeting of the Board of Supervisors County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Motion of adjournment and notice of the Board of Supervisors meeting to be held on March 14, 2012, at 3:00 p.m. in the Public Meeting Room. Preparers Janice Blakley Attachments: ^ Yes Title: Clerk to the Board ^ No # 00244